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2020/09/16 - Agenda Packet
CITY OF RANCHO CUCAMONGA L.Mayor ennis Michael REGULAR MEETING AGENDA Mayor Pro Tern September 16, 2020 Lynne B. Kennedy Members of the City 10500 Civic Center Drive Council: Ryan A. Hutchison Rancho Cucamonga, CA 91730 Kristine D. Scott 00l Sam Spagnolo FIRE PROTECTION DISTRICT BOARD — CITY COUNCIL HOUSING SUCCESSOR AGENCY- SUCCESSOR AGENCY— PUBLIC FINANCE AUTHORITY CLOSED SESSION TRI--COMMUNITIES ROOM 4:30 P.M. REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M. The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00 p.m. unless extended by the concurrence of the City Council. Agendas, minutes, and recordings of meetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 909-774-2023. Live Broadcast available on Channel 3 (RCTV-3). In response to the Governor's Executive Orders, the San Bernardino County Department of Public Health requirements, and to ensure the health and safety of our residents by limiting contact that could spread the COVID-19 virus,there will be no members of the public in attendance at the City Council/Fire District Meetings. Members of the City Council/Fire District and staff may participate in this meeting via a teleconference. In place of in-,person attendance, members of the public are encouraged to watch from the safety of their homes in one of the following ways: Live Streaming on the City's website at https://www.cityofrc.us/your-government/city-council-agendas or Local Cable: RCTV3 Programming Members of the public wishing to speak during public communication may call at the start of the meeting by dialing (909)774-2751, if speaking on a Public Hearing item, please dial in when the Public Hearing is being heard at (909)774-2751 to be added to the queue for public comment. Calls will be answered in the order received. The City of Rancho Cucamonga thanks you in advance for taking all precautions to prevent spreading the COVID-19 virus. If you are an individual with a disability and need a reasonable modification or accommodation pursuant to the Americans with Disabilities Act("ADA"), please contact the City Clerk's Office at(909) 774-2023, 24 hours prior to the meeting so that the City can make reasonable arrangements. CITY COUNCIL VISION STATEMENT "Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive." Page 1 CLOSED SESSION - 4:30 P.M. TRI-COMMUNITIES ROOM ROLL CALL: Mayor Michael Mayor Pro Tern Kennedy Council Members Hutchison, Scott, and Spagnolo A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) C. CITY MANAGER ANNOUNCEMENTS D. CONDUCT OF CLOSED SESSION D1. CONFERENCE WITH 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 D2. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OF SUBDIVISION (D) OF CALIFORNIA GOVERNMENT CODE SECTION 54956.9: (1 CASE) D3. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: HIMNEL USA, INC. d/b/a ST. MARY'S MONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OF RANCHO CUCAMONGA, SBSC CASE NO.: CIVDS 2014554- CITY D4. CONFERENCE WITH REAL PROPERTY NEGOTIATIONS PROPERTY: 8408 ROCHESTER AVENUE, RANCHO CUCAMONGA, CA AGENCY NEGOTIATORS: JENNIFER HUNT-GRACIA AND JOHN GILLISON NEGOTIATING PARTIES: CITY OF RANCHO CUCAMONGA AND GOALS SOCCER CENTERS, INC. UNDER NEGOTIATION: TERMS OF LEASE. - CITY E. RECESS — Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the Council Chambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California. CITY COUNCIL VISION STATEMENT "Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive." Page 2 REGULAR MEETING - 7:00 P.M. COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE ROLL CALL: Mayor Michael Mayor Pro Tern Kennedy Council Members Hutchison, Scott, and Spagnolo A. AMENDMENTS TO THE AGENDA B. ANNOUNCEMENT / PRESENTATIONS B1. Presentation of a Proclamation Declaring the Month of September 2020 as "National Senior --- Center Month". B2. Presentation of American Heart Association Mission: Lifeline Bronze Plus Award to Rancho --- Cucamonga Fire District. B3. Presentation on the Animal Center's Community Partners in Fiscal Year 2019 to 2020 who contributed to improving the quality of life of the Center's homeless pets and helping the pets find new homes. B4. Recognition of Jessica Helgesen, Animal Services Officer II, for Earning her Certified Animal Control Officer Certificate from the California Animal Welfare Association (Cal Animals). B5. Suicide Prevention Awareness Month Proclamation. B6. Healthy RC Youth Leaders Win 2nd Place in Directing Change Film Competition and Develop Teen Community Check-ins. C. PUBLIC COMMUNICATIONS Members of the City Council also sit as the Fire Board, Housing Successor Agency,Successor Agency,and Public Finance Authority.This is the time and place for the general public to address the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council from addressing any issue not previously included on the Agenda. The Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. CITY COUNCIL VISION STATEMENT "Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive." Page 3 CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon without discussion unless an item is removed by Council Member for discussion. Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority. Due to the relatively few items typically pending before the Housing Successor Agency, Successor Agency, and Public Finance Authority, the City Council may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar. D. CONSENT CALENDAR - FIRE PROTECTION DISTRICT 9 D1. Consideration of Meeting Minutes for the Special Meeting of August 26, 2020 and Regular Meetings of August 19, 2020 and September 2, 2020. D2. Consideration to Approve Bi-Weekly Payroll in the Amount of $817,494.45 and Weekly 29 Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Amount of$252,678.08 Dated August 24, 2020 Through September 07, 2020 and Electronic Debit Register for the Month of August in the Amount of$1,334,137.78. D3. Consideration to Approve Weekly Check Registers for Checks Issued to Southern California 40 Gas Company in the Amount of $287.69 Dated August 24, 2020 Through September 07, 2020. D4. Consideration to Receive and File Current Investment Schedule as of August 31, 2020. 42 E. CONSENT CALENDAR - CITY COUNCIL E1. Consideration of Meeting Minutes for the Special Meeting of August 26, 2020 and Regular 9 Meetings of August 19, 2020 and September 2, 2020. E2. Consideration to Approve Bi-Weekly Payroll in the Amount of$992,639.90 and Weekly Check 49 Registers (Excluding Checks Issued to Southern California Gas Company) in the Amount of $2,289,273.41 Dated August 24, 2020 Through September 07, 2020 and Electronic Debit Register for the Month of August in the Amount of $5,168,989.69. E3. Consideration to Approve Weekly Check Registers for Checks Issued to Southern California 60 Gas Company in the Amount of $6,176.55 Dated August 24, 2020 Through September 07, 2020. E4. Consideration to Receive and File Current Investment Schedule as of August 31, 2020. 62 E5. Consideration to Approve a Full Assignment Agreement and Authorize Release of Bonds for 75 Tract 18960, Located at the Northeast Corner of Day Creek Boulevard and Wilson Avenue, Related to Case No. SUBTT18960. E6. Consideration to Approve an Improvement Agreement, Improvement Securities, and 81 Resolutions Ordering the Annexation into Landscape Maintenance District No. 3B, and into Street Lighting Maintenance Districts No.'s 1 and 6 Located East of Vineyard Avenue and North of 8th Street, Related to Case No. DRC2018-00430. (RESOLUTION NO. 2020-100), (RESOLUTION NO. 2020-101), AND (RESOLUTION NO. 2020-102). E7. Consideration to Accept as Complete, File the Notice of Completion and Authorize Release 108 of Retention, Bonds for the Fiscal Year 2019/20 Local Slurry Seal Pavement Rehabilitation Project. E8. Consideration of a Resolution Adopting the Measure "I" Five-Year Capital Project Needs 111 Analysis covering Fiscal Years 2021/2026. (RESOLUTION NO. 2020-103). CITY COUNCIL VISION STATEMENT "Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive." Page 4 E9. Consideration to Approve a Sole Source Procurement of Traffic Signal Cabinets, Controllers 124 and Related Equipment from Econolite of Anaheim, California. E10. Consideration to Award a Contract to Elecnor Belco Electric, Inc., in the Amount of 129 $101,307, plus a 10% Contingency for the Vineyard Avenue at San Bernardino Road Traffic Signal Modification Project. E11. Consideration of a Resolution Declaring that Real Property Owned by the City Located at 133 the Southerly Terminus of Layton Street South of La Mesa Drive is Exempt Surplus Land and Not Necessary for the City's Use.(RESOLUTION NO. 2020-104) E12. Approval and Execution of a Purchase and Sale Agreement and Joint Escrow Instructions 140 Between the City of Rancho Cucamonga and Jones Family Trust of 2010, Robert Bruce Stanford, Jr., William R. Rushing, and Bernell Hydraulics, Inc. for Purchase of the Fee Simple Interest, Business Goodwill and Relocation Assistance Benefits in the Real Property Located at 8810 Etiwanda Avenue and further identified as APN 0229-131-07 in Connection with the Construction of the Etiwanda Grade Separation Project. E13. Consideration to approve a Voluntary Collection Agreement with HomeAway.Com, Inc., for 250 the collection of Transient Occupancy Taxes (TOT). E14. Consideration to Continue the Existing Local Emergency Due to the Novel Coronavirus 256 (COVID19) Pandemic. F. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION The following Ordinance(s) have been introduced for First Reading. Second Readings are expected to be routine and noncontroversial. 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. G. ADMINISTRATIVE HEARING ITEM(S) H. ADVERTISED PUBLIC HEARING ITEM(S)—CITY/FIRE DISTRICT H1. DEVELOPMENT AGREEMENT AMENDMENT DRC2020-00124 AND SPECIFIC PLAN 258 AMENDMENT DRC2020-00254 - CITY OF RANCHO CUCAMONGA - Located north of 4th Street, south of the Burlington Northern Santa Fe (BNSF) Railway, west of Milliken Avenue, and east of Utica/Cleveland Avenues, within the Empire Lakes Specific Plan. (ORDINANCE NO. 974 AND ORDINANCE NO. 975). H2. Consideration of Biennal Review of Conflict of Interest Code and a Resolution Adopting By 305 Reference the Standard Conflict of Interest Provisions of California Code of Regulations Title 2, Section 18730 and Approving an Amended Conflict of Interest Code, Appendix I and II, to Account for the Addition, Deletion and Modification of Positions Listed as "Designated Positions" and Including Disclosure Categories for Designated Consultants. — CITY (RESOLUTION NO. 2020-099). H3. Consideration of Biennial Review of Conflict of Interest Code and a Resolution Adopting By 315 Reference the Standard Conflict of Interest Provisions of California Code of Regulations Title 2, Section 18730 and Approving an Amended Conflict of Interest Code, Appendix I and II, to Account for the Addition of a Position listed under "Designated Positions" and Including Disclosure Categories for Designated Consultants. — FIRE (RESOLUTION NO. FD 2020-018) CITY COUNCIL VISION STATEMENT "Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive." Page 5 I. CITY MANAGER'S STAFF REPORT(S) J. COUNCIL BUSINESS J1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) J2. INTERAGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) K. CITY ATTORNEY ITEMS: L. IDENTIFICATION OF ITEMS FOR NEXT MEETING M. 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. LINDA A. TROYAN, MMC CITY CLERK SERVICES DIRECTOR If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909)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. CITY COUNCIL VISION STATEMENT "Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive." Page 6 This page is intentionally blank. Page 7 This page is intentionally blank. Page 8 4 �zk�� i \ � 4 r `SK ational Senior Center Month National Senior Center Month #ILo veMyR CSeniorCen ter , . s- P E N. PAL: * ! r • Telehealth - West Coast University F r • Pen Pal Program ` • Senior Walk-A-Thon A-� • Senior Book Reading Contest . . • Senior Drive-Thru BBQ sponsored by Humana, Cadence Living and the Rancho Cucamonga Fire Prevention Team National Senior Center Month #ILo veMyR CSeniorCen ter • Senior Drive-Thru Ice Cream Giveaway sponsored by Aetna • Shredding Event sponsored by Visiting Angels to help raise money for the Jane Penny LINK Program • Information can be found on RCpark. com on the Seniors page I M Y SENIOR CENTER James L BruFte Senior Center Rancho Cucamonga,CA CITY OF RANCHO CUCAMONGA Virtual Senior Center yIR7UALTQURS British Museum A Senior Center Without Walls Musi al mcFyyafArt(uncehngton,DCM Muses d'CFrsay�Paris, FranceM San Diego Zoo Mo me my Bay Aq ua ri um Getty Museum NationoI Museum of the United States Airforce The waHcan The LDuym(Paris, France) � Aquarium of the PaciFc Interocii—Vde6 Exhi6iFs • D Js 11 and virt..ol Rides Who does it serve? (sAAiLIIV[i Sudoku Cross ord Puzzle Pinochle monopoly Chess So liiai re Ma hj on g • Remaining connected while RESOLI RCE L1NKS Senior Hotline(9091A77-2788 staying Safer at Home Jane Perry Lin Progrn Basicsm Estate Planning Basics How to use Zoom County Partnership Loco Food Banks Family 5-erfces Association Ce nle r for Disease Co ntrol AARP In Home Sup port5ervices Feeding America Eld• Current available content ;ereareLocator Department of Aging Science of—el 1-being Free online course Resource for LIMng with COVID-19 Resource for Ui-,ingCareghY r Peso urce Ways to Pee p col m we bin ar Managing CIDVID-19 Anxiety&Stress VWa)s to relieve stress EDUCATION Ted Talks Youtube_Edu Frozen Meals by Family Service Association Together Everyone Achieves More r Drive-thru style every Wednesdays in the Senior Center Parking Lot Rancho Fire Prevention District Deliveries F, � Famil7r Counseling Services " More than a Meal" home delivery ' program MsnCal �9 ,.., rmsocal lane Penny LINK Program Ahome, but notalone AN Volunteer and client numbersn4 I ,f Increase T#iE JANE PENNY LINK DROGRAM PROVIDES A VARIETY OF RESOURCE .,: • Efforts TO OUR SENIOR COMMUNITY. Complimentary services include but are not limited to: Sunshine Bag • A volunteer caller will be assigned to you to provide a Deliveriespersonal connection and help you with information and resources you may need. • Resources for home delivered meals,legal services,in-home core,senior agencies and more! • LINK also mails birthday cards,holiday greetings,and Program • . Support Yearly holiday gift bag deliveries to your home. • Yearly sociaE gatherings where transportation is provided. DONATIONS AND VOLUNTEER CALLERS AND KNITTERS ARE ALWAYS NEEDED AND WELCOME FOR THIS PROGRAM. If you would like to receive a weakly call or know someone that may benefit from this program,call{909)477-27B0 or email Seniorsecityofracom �r �r CITY C RANCHO CUCAMONGA r Recent Partnerships ' Nq t Together, we can do so much! -'A. WEST COAST West End Family Counseling Services UNIVERSITY Founded 1909 Serving Our Community Since 1955 � � � � � • KAISER PERMANENTE:.) Kf tut Angels. LIVING ASSISTANCE SERVICES cadence L I V I N GSM Senior Center Operations RANCHO ■ CUCAMONGA Our Doors i OpenNeed to Cool Off? James L. Brulte Senior Center Modified • 11200 Base Line Rd. Monday - Friday 10 a m to 6 p COVID-19 Prevention Practices in Place Computers0 Respite printing . • copying Health0 Public • • • ing Center - Forecasttemperatures1 1 or ����r CITY OF RANCHO CUCAMONGA r American Heart Association Bronze Plus Award Awarded to Rancho Cucamonga Fire Protection District Christine • American ' . rt Associatio �r��r RANCHO CUCAMONGA FIRE DISTRICT �� ��� FIRE PulsePp9nt 1 Improving Cardiac Arrest Outcomes Encouraging by-stander CPR rI� . Collaboration with • f ►��► partners =t� Staying current with best _ practices Preventative Care z. �GMpy RANCHO CUCAMONGA FIRE DISTRICT 7�� � FIRE Improving Cardiac Arrest 0utcomes • Encouraging by-stander CPR • Collaboration with community partners • Staying current with best ` Y g practices • Preventative Care RANCHO CUCAMONGA FIRE DISTRICT a 2019 CARES Summary Report Utstein Survival RCFD Successes 40 40 35 o 0 34 r v 3 o u 0 2� w 15 a • American Heart Association 1° v Bronze Plus Award 5 � 4 RauhoCucarnonga ICEMA California National Fie District Axis Title • CARES Data 70 2019 CARES Summary Report E Utstein Bystander Survival 0 • Future Goal : u � To be designated as a o5° z Heart Safe community t t 3o C . 20 . 10 u a d Rancho Cucamonga Fire ICEMA California National District i RANCHO CUCAMONGA FIRE DISTRICT a Questions ? Hope , Resilience & Recovery ICJ140001" M TERS PAO Ott SUICIDE .4� .�o� cif• � � ,,�� �� o�%10 l� PREVENTION 6 1-800- 73-TALI www.suicidepreventionlifeiine.org EaehMind MATTERS N GINS I I C V n t f r1%t- j ��^► su C de sp e e ab e.0 g Funded by counties through the Mental Health Services Act(Prop 63), RANCHO CUCAMONGA H EALTHY tEAVERS Healthy RC Youth Leaders Win 2nd Place in the r Directing Change State -wideL. aliforh_fA Competition REE Virtual Conversations • Conversatorio Virtual i Resiliencia• 'on ResiliencynSobre en Uncertain Times Tiempos de Part II Incertidumbre Parte II September 30th 30 de septiembre 6:00 p.m. - 7:30 p.m. 6:00 p.m. - 7:30 p.m. RSVP at bid /MentalHealthResilienc 2 Kegistrese: y y bit.ly/MentalHealthResiliency2 SUI IDE ���''�' I SUI IDE ,, �; I PREVENTION - N D "�. J PREVENTION 4r. J d NT , —ill N D 1-800-273-TALK MA TERS MATTERS ^ ^ ^e. 8 1800-273-TALK ZR ZRANCHO UCAMONGA w.,°" ^"°^"`"' CUCAMONGA HEALTHY RC PRESENTS °MATTERS TEEN COMMUNITY theTMUMA<HEALIN CHECK = IN 44 FOUNDATION 3:30 - 5 P.M. I RSVP AT HTTPS:11BIT.LYITEENCONVERSATION Stressed? Confused? Anxious? IT'S OK NOT TO BE OK. YOU'RE NOT ALONE. CIO, 13 Join us for a 4-part discussion series. South Coast Learn coping skills along the way. LLr hl;vl�l.i i Y S=kV,CF.S WEEK 1: JULY 7 I MOOD AND MUSIC WEEK 2: JULY 211 RECONNECT AND FOSTER HEALTHY RELATIONSHIPS WEEK 3: AUGUST 4 1 FACING TRANSITIONS USING SPOKEN WORD WEEK 4: AUGUST 1B I SAFE SPACE TO TALK ABOUT RACE '� r' 1 iL CIE 1 �r August 26, 2020 CITY OF RANCHO CUCAMONGA CITY COUNCIL AND FIRE PROTECTION DISTRICT SPECIAL MEETING MINUTES CALL TO ORDER The City of Rancho Cucamonga City Council held a special meeting on Wednesday, August 26, 2020, Council Chambers, 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor L. Dennis Michael called the meeting to order at 5:30 p.m. Present were Councilmembers Ryan Hutchison, Kristine Scott, Sam Spagnolo, Mayor Pro Tern Lynne Kennedy, and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Ivan Rojer, Fire Chief and Linda A. Troyan, City Clerk Services Director. Council Member Scott led the Pledge of Allegiance. Responding to the spread of the Coronavirus (COVID-19), and social distancing requirements, City Manager Gillison announced that due to recent changes in the Governor's Executive Orders, the San Bernardino County Department of Public Health requirements, and to ensure the health and safety of Rancho Cucamonga residents by limiting contact that could spread the COVID-19 virus, there will be no members of the public in attendance at the City Council/Fire District Meetings and in place of in person attendance, members of the public are encouraged to watch from the safety of their homes live from the City's website or on RCTV-3. He stated members of the public wishing to speak during the public communications period will need to dial in to (909)774-2751 to be added to the queue for comment. Additional information on the Coronavirus pandemic and City resources and updates can be found at www.cityofrc.us/coronavirus. PUBLIC COMMUNICATIONS No public communications were made. ITEMS OF • C1. Consideration from the City Council/Fire Board to Direct Staff Whether to Proceed with the Feasibility to Construct a 9/11 Memorial at the All-Risk Training Center. City Manager Gillison introduced Deputy Fire Chief, Mike McCliman and Gabrielle Costello, Community Affairs Sr. Coordinator / PIO, who presented a PowerPoint and video for Item C1. The presentation included the background of the initial project concept, initial design, revised design, location and cost of$1.25 million of the proposed 9/11 Memorial project. Deputy Fire Chief McCliman noted a typographical error in the 2015 estimated cost for the initial design being $1.75 million instead of$1.35 million as stated in the staff report. Deputy Fire Chief McCliman stated that the concept was scaled back to reduce costs and simplify the design bringing the new estimated project cost down to $1.25 million. Council reviewed and commented on project funding and the feasibility to construct a 9/11 Memorial at the All- Risk Training Center. August 26, 2020 1 City Council Special Meeting Minutes City of Rancho Cucamonga I Page 1 of 2 Page 9 City Manager Gillison noted that the City currently does not have reserves or an allocation in the City's budget to cover project costs. Mr. Gillison recommended the City Council disscuss and explore funding ideas and a timeframe for the proposed project if the City Council decided to move forward with the 9/11 Memorial project or visit the option of someone else taking the steel piece and investing in making a project as the City has had the steel piece for over 20 years. Council Discussion ensued. Comments included: Determining a goal; matrix to measure steps by; put info on City Webpage (1 page, include estimated cost, what cost is currently, steel, staff report, PowerPoint and video) — informing the community; City Manager to work with individual Council Members to see if there is a compassionate member or group in the community that will be successful in raising funds and spearheading the fundraising campaign; and scheduling a date to return to Council with information. Council discussed that the group could form a Foundation (not official Foundation of the City)to raise money. If a group does not come forward, then Council will know what direction to pursue. Mr. Gillison noted that to proceed with the feasibility to construct a 9/11 memorial, a specific timeframe would be needed,funding of project and next steps. He noted that the City would spend staff time and money to put together proforma —which would include timing, deadlines, etc., and those would be managed by staff. He added that the City can track money received so it can be returned if the project does not move forward. He also noted that donations would need to be a check in hand; and that commitment that donors will pay an amount would not be enough. Council consensus to revisit the item when$150,000 is raised,and determine if the goal is viable and set a deadline of 9/11/2021. MOTION: Moved by Council Member Scott, seconded by Council Member Hutchison, to establish a fundraising goal of $150,000 by 9/11/2021, with the city doing outreach to residents on the city's webpage for community feedback and promoting the project and revisit the item in 2021. Motion carried, 5-0. ADJOURNMENT Mayor Michael adjourned the meeting at 6:15 p.m. Respectfully submitted, Linda A. Troyan, MMC City Clerk Services Director Approved: August 26, 2020 1 City Council Special Meeting Minutes City of Rancho Cucamonga I Page 2 of 2 Page 10 August 19, 2020 CITY OF RANCHO CUCAMONGA CLOSED SESSION, FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCE AUTHORITY AND CITY COUNCIL REGULAR MEETINGS MINUTES 4:30 P.M. - CLOSED SESSION CALL TO • ' DER - TRI-COMMUNITIES CONFERENCE • • The City of Rancho Cucamonga City Council held a closed session on Wednesday August 19, 2020, in the Tri-Communities Conference Room at the Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Pro Tern Kennedy called the meeting to order at 6:00 p.m. Present were Council Members: Ryan Hutchison, Kristine Scott, Sam Spagnolo, and Mayor Pro Tern Lynne Kennedy;Absent: Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; James L. Markman, City Attorney; Elisa Cox, Deputy City Manager/Cultural &Civic Services and Matt Burris, Deputy City Manager/Economic and Community Development. ANNOUNCEMENTA. OF • SESSION B. PUBLIC COMMUNICATIONSON • SESSION No public communications were made. ANNOUNCEMENTSI C. CITY MANAGER No discussion or actions were taken. CONDUCTD. OF • SESSION TRI-COMMUNITIES CONFERENCE • • D1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 9789 MAIN STREET IDENTIFIED AS PARCEL NUMBERS 0209062020000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND CAROL NORRIS, NORTHTOWN HOUSING DEVELOPMENT CORPORATION.; REGARDING PRICE AND TERMS. - CITY D2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT 7089 ETIWANDA AVENUE, RANCHO CUCAMONGA; NEGOTIATING PARTIES LORI SASSOON, DEPUTY CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA REGARDING INSTRUCTIONS FOR NEGOTIATING THE PRICE, TERMS OF PAYMENT, OR BOTH --CITY D3. 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) - CITY DRAFT August 19, 2020 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 1 of 10 Page 11 D4. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OF SUBDIVISION (D)OF CALIFORNIA GOVERNMENT CODE SECTION 54956.9: (1 CASE) D5. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OF SUBDIVISION (D) OF SECTION 54956.9: 1 CASE THE CITY HAS RECEIVED A LETTER THREATENING LITIGATION IN CONNECTION WITH THE CANCELLATION OF A TOWING SERVICES AGREEMENT. THE LETTER IS AVAILABLE FOR INSPECTION IN THE CITY CLERK'S OFFICE. - CITY D6. 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 D7. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: AWI BUILDERS, INC V. RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, SAN BERNARDINO COUNTY SUPERIOR COURT, CASE NO. CIVDS 1928697 D8. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V. DR LANDMARK, INC.; POWER MEDIC TECHNOLOGIES, INC.; HOFER PROPERTIES, LLC; AND DOES 1 THROUGH 5 INCLUSIVE, SBSC CASE NO.: CIVDS 1904713 -CITY D9. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: HIMNEL USA, INC. d/b/a ST. MARY'S MONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OF RANCHO CUCAMONGA,SBSC CASE NO.:CIVDS 2014554- CITY The closed session recessed at 6:58 p.m. REGULAR MEETING - 00 CALL TO • COUNCIL The regular meetings of the Rancho Cucamonga Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and the City of Rancho Cucamonga City Council were held on August 19, 2020 in the Council Chambers at City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Pro Tern Kennedy called the meeting to order at 7:08 p.m. Present were Council Members: Ryan Hutchison, Kristine Scott, Sam Spagnolo, and Mayor Pro Tern Lynne Kennedy; Absent: Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; James L. Markman, City Attorney and Linda Troyan, Director of City Clerk Services. Council Member Scott led the Pledge of Allegiance. DRAFT August 19, 2020 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 2 of 10 Page 12 Responding to the spread of the Coronavirus (COVID-19), and social distancing requirements, City Manager Gillison announced that due to recent changes in the Governor's Executive Orders, the San Bernardino County Department of Public Health requirements, and to ensure the health and safety of Rancho Cucamonga residents by limiting contact that could spread the COVID-19 virus, there will be no members of the public in attendance at the City Council/Fire District Meetings and in place of in person attendance, members of the public are encouraged to watch from the safety of their homes live from the City's website or on RCTV-3. He stated members of the public wishing to speak during public communication, or on a public hearing item will need to dial in to (909)774-2751 to be added to the queue for comment. Additional information on the Coronavirus pandemic and City resources and updates can be found at www.cityofrc.us/coronavirus. A. AMENDMENTS TO THE AGENDA None. B. ANNOUNCEMENTS/PRESENTATIONS Mayor Pro Tern Kennedy apologized for the late start of the meeting and shared that it was due to a very special announcement. Mayor Pro Tern Kennedy shared the exciting news that the City of Rancho Cucamonga had just been named and awarded with the "All-America City" designation presented by the National Civic League. City Manager Gillison reported that there were approximately 20 communities as finalist for the award and that the National Civic League chose 10 communities to award with the "All-America City" designation. Mr. Gillison noted that the last community in San Bernardino County to be awarded was the City of San Bernardino in 1978 and that he is proud to join them as an "All-America City"winner in 2020. Mayor Pro Tern Kennedy noted that the "All-America City" presentation and application is available for viewing on the City's website: www.CityofRC.us. B1. Announcement of Free Thermometers Provided to Rancho Cucamonga Businesses from FEMA. Joseph Ramos, Emergency Management Coordinator of the Rancho Cucamonga Fire Protection District announced a collaboration between the Fire District, Community Affairs, Economic Development and Finance Department where the City provided 90 thermometers and ReadyRC guides to local businesses. B2. Overview of the RC Cares Community Assistance Grants Program. Fabian Villenas, Principal Management Analyst and Noah Daniels, Finance Manager presented a PowerPoint and informed the City Council and Community of the RC Cares Community Assistance Grants Program affirming that the application period would open on August 24, 2020. Mr. Villenas noted that residents and business owners could apply for the Rental Assistance Program, Rental Forgiveness Program, County COVID-Compliant Business Partnership City Match Program and Outdoor Business Operations Assistance Program by visiting: www.cityofrc.us/RCCares and that the deadline to submit an application is September 4, 2020 at 5:00 p.m. B3. Recognition of Noah Daniels, Finance Manager, for his completion of the Government Finance Officers Association's Certified Public Finance Officer(CPFO) Program, earning him the designation of CPFO. Tamara Layne, Finance Director, presented Noah Daniels, Finance Manager's recent accomplishment of achieving the Certified Public Finance Officer (CPFO) designation from the Government Finance Officers Association. DRAFT August 19, 2020 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 3 of 10 Page 13 B4. Presentation of the 2020 Western Region International Public Management Association for Human Resources' Agency Award for Excellence. Deputy Fire Chief Mike McCliman and Human Resources Technician, Emily Nielsen, presented a PowerPoint presentation showcasing the recent accomplishment of obtaining the 2020 Western Region International Public Management Association for Human Resources' Agency Award for Excellence. B5. Announcement of Summer Drive-In Concert featuring The Answer. Jenny Hanlon, Community Services Superintendent, announced the successful sold-out Summer Drive-In Concert featuring live music by The Answer. Ms. Hanlon noted that tickets sold-out within 24 hours and that the rapid ticket sales presented a desire by residents to safely congregate. C. PUBLIC COMMUNICATIONS Mayor Pro Tern Kennedy announced, due to COVID-19 and social distancing requirements, the Public Communications portion of the meeting will be conducted telephonically. Via phone call, Imam Maleek, offered a prayer and spoke about the importance of mutual respect, equality and universal compassion. Via phone call, Brandon Ross, Applicant, Stratham Homes, stated that he would be available to answer questions if necessary, for Public Hearing Item H1. Via phone call, Janet Walton, offered a prayer. CONSENTDA CONSENTD. DA PROTECTION D1. Consideration of Meeting Minutes: Regular Meetings of August 5, 2020. D2. Consideration to Approve Bi-Weekly Payroll in the Amount of $684,345.08 and Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Amount of $1,090,405.43 Dated July 27, 2020 Through August 10, 2020 and Electronic Debit Register for the Month of July 2020 in the Amount of$3,381,960.99. D3. Consideration to Approve Weekly Check Registers for Checks Issued to Southern California Gas Company in the Amount of$310.87 Dated July 27, 2020 Through August 10, 2020. D4. Consideration to receive and file current Investment Schedule as of July 31, 2020. D5. Consideration to Approve the use of OMNIA Partners Cooperative Agreement with Grainger for the Procurement of Maintenance, Repair and Operations(MRO)Supplies, Parts, Equipment, Materials, and Related Services and Authorize the use of Future Renewals as Awarded by City of Tucson, to be Funded by Various Account Numbers, in Accordance with the Adopted Budget. DRAFT August 19, 2020 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 4 of 10 Page 14 D6. Consideration to Approve the use of a Cooperative Contract Through OMNIA Partners Awarded by the City of Tamarac Contract #19-12R to Office Depot for the Procurement of Office Supplies, Products and Related Services for Fiscal Year 2020/2021,and Authorize the use of Future Renewals as Awarded by the City of Tamarac Through Omnia Partners. D7. Consideration of the purchase of Emergency Medical Supplies and Materials in the combined, not to exceed amount of$75,000 from Life Assist and Henry Schein. MOTION: Moved by Board Member Spagnolo, seconded by Board Member Hutchison, to approve Consent Calendar Items D1.through D7. Motion carried,4-0-1, with Board Member Scott abstaining on item D3, due to her employment with Southern California Gas Company. Absent: President Michael. CONSENTE. DACOUNCIL E1. Consideration of Meeting Minutes: Regular Meetings of August 5, 2020. E2. Consideration to Approve Bi-Weekly Payroll in the Amount of$1,017,183.60 and Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Amount of $6,218,315.13 Dated July 27, 2020 Through August 10, 2020 and Electronic Debit Register for the Month of July 2020 in the Amount of$6,225,404.25. E3. Consideration to Approve Weekly Check Registers for Checks Issued to Southern California Gas Company in the Amount of$6,227.97 Dated July 27, 2020 Through August 10, 2020. E4. Consideration to receive and file current Investment Schedule as of July 31, 2020. E5. Consideration of a Resolution Adopting the Measure "I" Five-Year Capital Improvement Plan Covering Fiscal Years 2020/2025. (RESOLUTION NO. 2020-094) E6. Consideration to Approve the use of OMNIA Partners Cooperative Agreement with Grainger for the Procurement of Maintenance, Repair and Operations (MRO) Supplies, Parts, Equipment, Materials, and Related Services and Authorize the use of Future Renewals as Awarded by City of Tucson, to be Funded by Various Account Numbers, in Accordance with the Adopted Budget. E7. Consideration to Approve the use of a Cooperative Contract Through OMNIA Partners Awarded by the City of Tamarac Contract#19-12R to Office Depot for the Procurement of Office Supplies, Products and Related Services for Fiscal Year 2020/2021, and Authorize the use of Future Renewals as awarded by the City of Tamarac Through OMNIA Partners. E8. Consideration of Amendment No. 03 to Professional Services Agreement with Magellan Advisors, LLC(CO18-103)for Fiber Optic Project Management and Design Services for Fiscal Year 2020/21 and Authorization of an Appropriation in the Amount of$8,000 from the Fiber Optic Network Fund. E9. Consideration to Approve a Solar Incentive Rebate in the Amount of $300,000 For Day Creek Senior Housing Partners, LP and Day Creek Senior Housing Partners 2, L.P., and Authorization of an Appropriation for the Transfer of Funds from the Municipal Utility Fund (Fund 705) to Cap and Trade Fund (Fund 709). DRAFT August 19, 2020 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 5 of 10 Page 15 E10. Consideration to Approve an Improvement Agreement, Improvement Securities, and Resolutions Ordering the Annexation into Landscape Maintenance District No. 3B, and into Street Lighting Maintenance District Nos. 1 and 6 Located on the North Side of Fourth Street, Approximately 300 Feet West of Center Avenue, Related to Case No. DRC2018-00326. (RESOLUTION NO. 2020- 090), (RESOLUTION NO. 2020-091), AND (RESOLUTION NO. 2020-092). El 1. Consideration of a Contract with TSR Construction and Inspection in an Amount of$81,355 Plus a 10% Contingency, and Authorization of an Appropriation Totaling in an Amount of$76,400 for the Crossing Surface Improvement at Arrow Route Railroad Crossing Project. E12. Approval and Execution of a Purchase and Sale Agreement Between the City of Rancho Cucamonga and Newcastle Partners, Inc. for Property Commonly Known as APN 0229-021-97- 0000 Generally Located at the North East Corner of Arrow Route and Rochester Avenue. E13. Consideration of Resolution No. 2020-093, Authorizing Application for and Receipt of Local Early Action Planning Grant Program Funds. (RESOLUTION NO. 2020-093) E14. Consideration to Authorize the Acceptance of the CARES Funding and Authorize the Appropriation of Funds in the amount of$2,167,449 into Account Number: 1275503-5200/2050- 4200. MOTION: Moved by Council Member Hutchison, seconded by Council Member Spagnolo, to approve Consent Calendar Items E1 through E14 with Council Member Scott abstaining on item E3, due to her employment with Southern California Gas Company. Motion carried, 4-0-1. Absent: Mayor Michael. CONSENTF. ORDINANCES F.1. Consideration of Second Reading and Adoption of Ordinance No. 970 and Ordinance No. 971, Ordinances Amending Title 2 of the Municipal Code to Define the Functions and Obligations of the City Clerk and City Treasurer. (ORDINANCE NO. 970 AND ORDINANCE NO. 971) Two (2) letters in opposition of item F1. were received by the City from Dan Titus and Linnie Drolet. Correspondence is available for viewing at the City Clerk's office. MOTION: Moved by Council Member Hutchison, seconded by Council Member Scott, to waive full reading and adopt Ordinance No. 970 and Ordinance No. 971 by title only. Linda Troyan, City Clerk Services Director, read the title of Ordinance No. 970 and Ordinance No. 971 by title only. VOTES NOW CAST ON MOTION: Moved by Council Member Hutchison, seconded by Council Member Scott, to waive full reading and adopt Ordinance No. 970 and Ordinance No. 971 by title only. Motion carried unanimously, 4-0-1. Absent: Mayor Michael. G. ADMINISTRATIVE HEARING ITEM(S) No items. DRAFT August 19, 2020 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 6 of 10 Page 16 CITY H. ADVERTISED PUBLIC HEARINGS H.1. Public hearing for Consideration of First Reading of Ordinance No. 972 amending Section 17.36.020 to eliminate text, figures, and tables related to defining the location and mix of uses within each mixed-use areas and Figure 17.38.060-15 to reflect the proposed change in the zoning designation along with ORDINANCE NO. 973 amending the zoning designation of 11.44 acres of land from Community Commercial (CC) District to Mixed Use (MU) District to reflect the Mixed Use General Plan land use designation related to a proposed 131-unit multi-family development. (ORDINANCE NO. 972 & ORDINANCE NO. 973.) City Manager Gillison introduced the item and Tabe Van der Zwaag, Associate Planner, who provided a PowerPoint presentation of the project background; Development Code Amendment; Zoning Map Amendment; Project Site Breakdown; Proposed Project Overview and a virtual project rendering video showcasing the proposed project. Mayor Pro Tern Kennedy opened the Public Hearing. Mayor Pro Tern Kennedy announced, due to COVID-19 and social distancing requirements, Public Communications for Public Hearing item H1. will be conducted telephonically. Via phone call, Brandon Ross, Applicant, Stratham Homes, stated that he was available for questions. The City Council had no questions for Brandon Ross, Applicant, Stratham Homes. Mayor Pro Tern Kennedy closed the Public Hearing. MOTION: Moved by Council Member Scott, seconded by Council Member Hutchison, to introduce first reading of Ordinances No's. 972 and 973 by title only and waive further readings. Linda Troyan, City Clerk Services Director, read the title of Ordinances No's. 972 and 973 by title only. VOTES NOW CAST ON MOTION: Moved by Council Member Scott, seconded by Council Member Hutchison, to introduce first reading of Ordinances No's. 972 and 973 by title only and waive further readings. Motion carried, 4-0-1. Absent: Mayor Michael. 1. CITY MANAGERS STAFF - • - 1.1. Consideration to Receive and File a Report Detailing the Actions Taken by Fire District and Sheriff's Department Staff On and Before the 4th of July Holiday to Reduce and Discourage the Possession and Use of Fireworks, Enforce Local and State Laws Regarding Fireworks, and Prevent Fires Associated with Fireworks and Seasonal Weather Conditions. City Manager Gillison introduced the item and Robert Ball, Fire Marshall, who provided a PowerPoint presentation detailing the actions taken by the Rancho Cucamonga Fire Protection District and Sheriff's Department staff on and before the 4th of July Holiday to reduce and discourage the possession and use of fireworks, enforce local and state laws regarding fireworks, and prevent fires associated with fireworks and seasonal weather conditions. Fire Marshall Ball highlighted cooperative efforts such as: Interdiction and DRAFT August 19, 2020 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 7 of 10 Page 17 confiscation, thwarting illegal sales in partnership with the Sheriff's Department and community outreach. Fire Marshall Ball noted that there was an increase in purchases and use of fireworks nationally and locally during the COVID-19 Pandemic with surrounding cities seeing sales up at least 115%. Fire Marshall Ball concluded by listing future opportunities for the Fire Protection District to consider next year such as: personal story videos for social media, Countywide Taskforce for illegal Sales to broaden jurisdictions, promoting an Amnesty Program where residents can safely turn in illegal fireworks and enhancements in technology. Mayor Pro Tern Kennedy thanked the Fire Protection District for their continuous efforts and commitment in keeping the community safe. The report was received and filed. Mayor Pro Tern announced that items 12 and 13 would be heard and acted upon concurrently. 12. Consideration of a Resolution Approving a Program Supplement Agreement with California Department of Transportation for the Local Roadway Safety Plan and Authorizing the City Manager, or Designee, to Approve and Execute Project Related Documents. (RESOLUTION NO. 2020-097) 13. Consideration of a Resolution Adopting the California Department of Transportation(Caltrans)Fiscal Year 2020/21 Sustainable Transportation Planning Grant for the Healthy RC Active Transportation Infrastructure Assessment and Improvement Plan and Authorizing the City Manager, or Designee, to Approve and Execute Related Documents. (RESOLUTION NO. 2020-096) City Manager Gillison introduced the item and Interim Deputy Director of Engineering, Justine Garcia and Senior Civil Engineer, Gianfranco Laurie, who provided a PowerPoint overview of Caltrans Grant Awards for the Local Roadway Safety Plan and Sustainable Transportation Planning. MOTION: Moved by Council Member Scott, seconded by Council Member Hutchison, to approve Resolution No's. 2020-096 and 2020-097. Motion carried, 4-0-1. Absent: Mayor Michael. J. COUNCIL BUSINESS J.1. Consideration of Appointment of Unopposed Candidates to City Offices (City Clerk and City Treasurer)and Cancelling the Portion of the November 3, 2020, City Election for those Positions. (RESOLUTION NO. 2020-095) City Manager Gillison introduced the item and Director of City Clerk Services, Linda A. Troyan, MMC,who provided a verbal report for item J1. Ms. Troyan reported Elections Code Section 10229 provides that if by the deadline for filing nomination papers, only one person has been nominated for an office, and if there are also no qualified ballot measures for an election, then the City Clerk shall certify these facts to the City Council, which is Attachment 1 to the Staff Report, publish the notice of insufficient nominees and 5 days after the notice being published the Council may appoint to the office the person who has been nominated or decide to hold the election. The deadline for filing nomination papers for this November's election was August 7, 2020 at 5 pm. At the Close of the nomination period,only one person(Janice Reynolds)was nominated for City Clerk and one person (Jim Harrington)was nominated for City Treasurer. Therefore, Council has the option to appoint the nominated candidates to those offices and cancel the City's election for those positions only, or hold the election. The election of Council Members from Districts 1 and 4 will remain on the November ballot. DRAFT August 19, 2020 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 8 of 10 Page 18 If the Council appoints the incumbent candidates to the open offices,those appointees will serve in office exactly as if they had been elected, starting their new term in December 2020. She advised cancellation of the election for the seats of City Clerk and City Treasurer would result in savings in supplies, services, and personnel costs of between $350,000 - $400,000 of the total election cost budgeted for the November 3, 2020, municipal election. Mayor Pro Tern Kennedy entertained a motion with council consensus to Adopt Resolution No. 2020-095, providing for the appointment of the lone nominated individuals to the offices of City Clerk and City Treasurer and cancelling the election for those offices that was to be held on November 3, 2020, pursuant to Elections Code Section 10229. MOTION: Moved by Council Member Spagnolo, seconded by Council Member Hutchison, to adopt Resolution No. 2020-095, providing for the appointment of the lone nominated individuals to the offices of City Clerk and City Treasurer and cancelling the election for those offices that was to be held on November 3, 2020, pursuant to Elections Code Section 10229. Motion carried, 4-0-1. Absent: Mayor Michael. J.2. COUNCIL ANNOUNCEMENTS None. J.3. INTER-AGENCY UPDATES None. K. CITY ATTORNEY ITEMS None. L. IDENTIFICATION OF ITEMS FOR NEXT MEETING None. M. ADJOURNMENT Mayor Pro Tern Kennedy recessed the Council Meeting to the Closed Session at 8:57 p.m. Present were Council Members: Ryan Hutchison, Kristine Scott, Sam Spagnolo, and Mayor Pro Tern Lynne Kennedy; Absent: Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; James L. Markman, City Attorney; Lori Sassoon, Deputy City Manager/Administrative Services; Elisa Cox, Deputy City Manager/Cultural & Civic Services and Matt Burris, Deputy City Manager/Economic and Community Development. CONDUCT OF CLOSED SESSION: D1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 9789 MAIN STREET IDENTIFIED AS PARCEL NUMBERS 0209062020000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND CAROL NORRIS, NORTHTOWN HOUSING DEVELOPMENT CORPORATION.; REGARDING PRICE AND TERMS. —CITY DRAFT August 19, 2020 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 9 of 10 Page 19 D6. 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 The Closed Session adjourned at 9:12 p.m. Respectfully submitted, Linda A. Troyan, MMC City Clerk Services Director Approved: DRAFT August 19, 2020 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 10 of 10 Page 20 September 2, 2020 CITY OF RANCHO CUCAMONGA CLOSED SESSION, FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCE AUTHORITY AND CITY COUNCIL REGULAR MEETINGS MINUTES 4:30 P.M. - CLOSED SESSION CALL TO ORDER - TRI-COMMUNITIES CONFERENCE Room The City of Rancho Cucamonga City Council held a closed session on Wednesday, September 2, 2020, in the Tri-Communities Conference Room at the Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 5:00 p.m. Present were Council Members: Ryan Hutchison, Kristine Scott, Sam Spagnolo, and Mayor Pro Tern Lynne Kennedy and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; James L. Markman, City Attorney; Lori Sassoon, Deputy City Manager/Administrative Services; Elisa Cox, Deputy City Manager/Cultural & Civic Services and Matt Burris, Deputy City Manager/Economic and Community Development. A. ANNOUNCEMENT OF CLOSED • IIWB. PUBLIC COMMUNICATIONS ON CLOSED • No public communications were made. ICITY MANAGER ANNOUNCEMENTS ■ No discussion or actions were taken. CONDUCT OF CLOSED • TRi-COMMUNITIES CONFERENCE • • D1. 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) - CITY D2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD IDENTIFIED AS PARCEL NUMBERS 1090-331-03-0000, 1090-331-04-0000, 1089-581-04-0000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND JOSEPH FILIPPI, JOSEPH FILIPPI WINERY AND VINEYARDS.; REGARDING PRICE AND TERMS. -CITY D3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 9789 MAIN STREET IDENTIFIED AS PARCEL NUMBERS 0209062020000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND CAROL NORRIS, NORTHTOWN HOUSING DEVELOPMENT CORPORATION.; REGARDING PRICE AND TERMS. - CITY DRAFT September 2, 2020 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 1 of 8 Page 21 D4. 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 D5. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2)OF SUBDIVISION (D)OF CALIFORNIA GOVERNMENT CODE SECTION 54956.9: (1 CASE) D6. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OF SUBDIVISION (D) OF SECTION 54956.9: 1 CASE THE CITY HAS RECEIVED A LETTER THREATENING LITIGATION IN CONNECTION WITH THE CANCELLATION OF A TOWING SERVICES AGREEMENT. THE LETTER IS AVAILABLE FOR INSPECTION IN THE CITY CLERK'S OFFICE. - CITY D7. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: HIMNEL USA, INC. d/b/a ST. MARY'S MONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OF RANCHO CUCAMONGA, SBSC CASE NO.: CIVDS 2014554- CITY D8. CONFERENCE WITH REAL PROPERTY NEGOTIATIONS PROPERTY: 8408 ROCHESTER AVENUE, RANCHO CUCAMONGA, CA AGENCY NEGOTIATORS: JENNIFER HUNT-GRACIA AND JOHN GILLISON NEGOTIATING PARTIES: CITY OF RANCHO CUCAMONGA AND GOALS SOCCER CENTERS, INC. UNDER NEGOTIATION: TERMS OF LEASE. - CITY The closed session recessed at 6:58 p.m. REGULAR MEETING - 7:00 • CALL 10���C� • ORDER — COUNCIL The regular meetings of the Rancho Cucamonga Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and the City of Rancho Cucamonga City Council were held on September 2, 2020 in the Council Chambers at City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 7:04 p.m. Present were Council Members: Ryan Hutchison, Kristine Scott, Sam Spagnolo, and Mayor Pro Tern Lynne Kennedy and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; James L. Markman, City Attorney and Patricia Bravo-Valdez, Deputy Director of City Clerk Services. Mayor Pro Tern Kennedy, led the Pledge of Allegiance. Responding to the spread of the Coronavirus (COVID-19), and social distancing requirements, City Manager Gillison announced that due to recent changes in the Governor's Executive Orders, the San Bernardino County Department of Public Health requirements, and to ensure the health and safety of Rancho Cucamonga residents DRAFT September 2, 2020 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 2 of 8 Page 22 by limiting contact that could spread the COVID-19 virus, there will be no members of the public in attendance at the City Council/Fire District Meetings and in place of in person attendance, members of the public are encouraged to watch from the safety of their homes live from the City's website or on RCTV-3. He stated members of the public wishing to speak during public communication, or on a public hearing item will need to dial in to (909)774-2751 to be added to the queue for comment. Additional information on the Coronavirus pandemic and City resources and updates can be found at www.cityofrc.us/coronavirus. B. ANNOUNCEMENTS/PRESENTATIONS Mayor Michael announced that at the conclusion of the City Council Meeting,there would be a moment of silence and adjournment in memory of Michael John Fournier. He shared that on Wednesday August 19th, a Rancho Cucamonga resident and pilot named Michael John Fournier was killed in a helicopter crash in the Central Valley while he was helping firefighters battle a wildfire in Fresno County. He was assisting by performing water drops over the wildfire when his helicopter crashed. Mayor Michael added that a 14-member search and rescue team spent six and a half hours to recover Mr. Fournier's remains from the difficult terrain, and when he was found, the crews wrapped him in an American flag. Mayor Michael stated that Michael is a father and a husband, and his family and friends are also residents of Rancho Cucamonga and that the community mourns with his loved ones during this difficult time and are thankful for the sacrifice and dedication he had for his profession. The City and City Council expressed their heartfelt condolences to the Fournier family. B1. Recognition of the All-America City Delegation. Gary Ablard, Community Services Supervisor and Nicole Dalton, Community Affairs Coordinator presented as news anchors of RCN "Real Community News". They informed that the City of Rancho Cucamonga recently was recognized as an "All-America City" by the National Civic League. Benefits highlighted that receiving the delegation of an"All-America City"brought economic stimulation, community pride, community collaboration and national recognition. Mr. Ablard noted that winning the All-America City designation caused local attention as news stations such as KTLA-5 , covered the exciting news. B2. Recognition of Rancho Cucamonga Community Heroes: • Janet Temkin, Superintendent, Cucamonga School District- Retired 2020 Woman of Distinction Award Honoree for the 40th Assembly District, James C. Ramos • Beverly Maloof, Sam and Alfreda Maloof Foundation for Arts and Crafts Director 2020 Woman of Distinction Award Honoree for the 41st Assembly District, Chris R. Holden • Paul Williams, Inland Empire Resource Conservation District Board Member- Retired Thirty years of Community Service and Retirement from IERCD • Linda Bryan, Community&Arts Foundation Board Member Outstanding Community Service on the Public Art Committee, Previous Volunteer with the Animal Care & Adoption Center, Military Family Support Group and Foothill Family Shelter. • Teresa Akahoshi, Rancho Cucamonga Public Library Foundation Board Member— Retired 17 years of dedicated service as an advocate and supporter of Library programs • Tina Gilfry, Rancho Cucamonga Public Library Foundation Board Member— Retired 12 years of dedicated service as an advocate for the Library and City Mayor Michael recognized Rancho Cucamonga community heroes for their work and dedication to the community and announced that due to COVID-19 and social distancing requirements, the Certificates of Recognition and Proclamations would be presented virtually to the Rancho Cucamonga Community Heroes, who are watching the presentation from the safety of their homes via RCTV-3. DRAFT September 2, 2020 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 3 of 8 Page 23 B3. City of Rancho Cucamonga's 2020 Census Outreach Efforts and Self-Response Rates (SRR) Updates. Clarence de Guzman, Community Programs Coordinator presented a PowerPoint encouraging Rancho Cucamonga residents to fill out and complete their Census questionnaire and spoke on the impacts and the importance of the 2020 Census. He shared that residents could complete their Census questionnaire by visiting www.My2020Census.gov. B4. Announcement of ReadyRC's National Preparedness Month Community Campaign. Joseph Ramos, Emergency Management Coordinator and Beth Zuppardi, Emergency Management Specialist, presented a PowerPoint presentation and video showcasing ReadyRC's National Preparedness Month Community Campaign theme for 2020: " Disasters don't wait, make your plan today." C. PUBLIC COMMUNICATIONS Mayor Michael announced, due to COVID-19 and social distancing requirements, the Public Communications portion of the meeting will be conducted telephonically. Via phone call, Janet Walton, offered a prayer. CONSENTD - CONSENTD. DAR - FIRE PROTECTION D1. Consideration to Approve Bi-Weekly Payroll in the Amount of $787,976.65 and Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Amount of $411,439.50 Dated August 11, 2020 Through August 23, 2020. D2. Consideration to Approve Weekly Check Registers for Checks Issued to Southern California Gas Company in the Amount of$290.91 Dated August 11, 2020 Through August 23, 2020. D3. Consideration to Approve a Revision to the Field Training Officer Hourly Pay Rate and Adopt a Resolution Amending the Fire Union Salary Schedules From July 4, 2015 Through July 11, 2020, Including an Hourly Pay Rate Clarification to the Field Training Officer Classification. (RESOLUTION NO. FD2020-008) D4. Consideration of a Three-Year Enterprise Licensing Agreement with ESRI for GIS Services in the Amount of Twenty-Seven Thousand Nine Hundred and Sixty Dollars from Fire District General Fund Account No. 3281501-5300. D5. Consideration to Authorize the Appropriation in the Amount of$78,000 From the Fire Capital Fund, Account No. 3288501-5650 to Complete the Technology Infrastructure for the Public Safety Facility. MOTION: Moved by Board Member Spagnolo, seconded by Board Member Hutchison, to approve Consent Calendar Items D1. through D5. Motion carried, 5-0, with Board Member Scott abstaining on item D2, due to her employment with Southern California Gas Company. DRAFT September 2, 2020 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 4 of 8 Page 24 CONSENTE. DACOUNCIL E1. Consideration to Approve Bi-Weekly Payroll in the Amount of $972,616.40 and Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Amount of $6,263,309.15 Dated August 11, 2020 Through August 23, 2020. E2. Consideration to Approve Weekly Check Registers for Checks Issued to Southern California Gas Company in the Amount of$79.39 Dated August 11, 2020 Through August 23, 2020. E3. Consideration to Accept Grant Revenue from the Edward Byrne Memorial Justice Assistance Grant and Authorize Appropriation of these Funds to Purchase Equipment for the Rancho Cucamonga Police Department. E4. Consideration to Accept Public Improvements at the Lions Community Center East, File a Notice of Completion, and Authorize Release of Bonds and Retention for the Lions Community Center East- Roof Maintenance & Repair Project. E5. Consideration to Approve a Single Source Procurement of Asphalt Materials on an As- Needed Basis from Holliday Rock of Upland, California. E6. Consideration to Accept as Complete, File the Notice of Completion, and Authorize the Release of Retention and Bonds, for the Fiscal Year 2019/20 Bus Stop 1-5 at Various Locations Project. (RESOLUTION NO. 2020-098) E7. Consideration of a Purchase Order to Aufbau Corporation in the Amount of$248,165 and Budget Appropriation of an Additional $48,170 for the Heritage Park Bridge Replacement Project. E8. Consideration to Accept as Complete, File the Notice of Completion and Authorize Release of Retention and Bonds for the Fiscal Year 2019/20 ADA Access Ramp Improvements at Various Locations Project. E9. Consideration of a Three-Year Enterprise Licensing Agreement with ESRI for GIS Services in the Amount of Four Hundred and Fifty Thousand Dollars ($450,000)from Multiple Accounts. E10. Consideration to Authorize the Appropriations in the Amount of$85,662 From Multiple Accounts to Complete the Technology Infrastructure for the Public Safety Facility. MOTION: Moved by Mayor Pro Tern Kennedy, seconded by Council Member Spagnolo, to approve Consent Calendar Items E1 through E10 with Council Member Scott abstaining on item E2, due to her employment with Southern California Gas Company. Motion carried, 5-0. DRAFT September 2, 2020 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 5 of 8 Page 25 CONSENTF. ORDINANCES F.1. Consideration of Second Reading of Ordinance No. 972 Amending Section 17.36.020 to Eliminate Text, Figures, and Tables Related to Defining the Location and Mix of Uses Within Each Mixed-Use Areas and Figure 17.38.060-15 to Reflect the Proposed Change in the Zoning Designation Along With Ordinance No. 973 Amending the Zoning Designation of 11.44 Acres of Land from Community Commercial (CC) District to Mixed Use(MU) District to reflect the Mixed Use General Plan land use designation. (ORDINANCE NO. 972 and ORDINANCE NO. 973) MOTION: Moved by Council Member Scott, seconded by Council Member Spagnolo, to waive full reading and adopt Ordinance No. 972 and Ordinance No. 973 by title only. Patricia Bravo-Valdez, Deputy Director of City Clerk Services, read the title of Ordinance No. 972 and Ordinance No. 973 by title only. VOTES NOW CAST ON MOTION: Moved by Council Member Scott, seconded by Council Member Spagnolo, to waive full reading and adopt Ordinance No. 972 and Ordinance No. 973 by title only. Motion carried unanimously, 5-0. G. ADMINISTRATIVE HEARING ITEM(S) No items. H. ADVERTISED PUBLICCITY • No items. 1. CITY MANAGERS STAFF REPORT(S) No items. COUNCILJ. J.1. Consideration of Santa Parade Activities for 2020. City Manager Gillison introduced the item and Lori Sassoon, Deputy City Manager/ Administrative Services, who provided a verbal report for item J1. Ms. Sassoon reported that during the development of the FY 2020/21 budget process, Council members asked for information concerning the possibility of restoring the Santa Parade activity. At the budget hearing, staff was asked to bring this matter back for consideration by the City Council. Ms. Sassoon stated that for the Council's consideration and discussion, a tentative plan was developed for the Santa Parade. She noted that the tentative plan is modified as compared to the prior events in light of updated risk DRAFT September 2, 2020 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 6 of 8 Page 26 management practices and the ongoing COVID-19 pandemic. If the Council determined to have the event, it could be conducted as follows: • The three-night event would take place mid-week,when public safety resources are generally more available, and traffic is lighter. • Staff has tentatively identified December 8-10 as the best dates that would not conflict with resources needed for the Thoroughbred Holiday Lights event. • Police and Fire vehicles would transport Santa along the designated routes; the RCPD Traffic Division has identified tentative routes that would cover various residential areas of the City. • Each evening's parade would be drive-by only; there would be no stops that might create crowds congregating in a single location. • No candy would be thrown or handed out. Ms. Sassoon informed the approximate cost for the three-night event would be $21,800. The majority of the cost(approximately $16,500)would be in law enforcement overtime costs. She noted that these funds are not included in the FY 2020/21 budget. If the Council determines to move forward with the Ho-Ho Parades, a budget appropriation of$21,800 from the General Fund would be required. Council discussion ensued on funding for the parade; routes of the parade; social distancing; COVID-19 restrictions; candy distribution; community engagement and funding for the parade. Council consensus to not hold Santa Parade Activities for 2020 due to current COVID-19 challenges and budget cuts. City Manager Gillison recommended the City Council revisit the possibility of having Santa Parade Activities in the Fiscal Year 2021/22 budget. J.2. COUNCIL ANNOUNCEMENTS None. J.3. INTER-AGENCY UPDATES None. K. CITY ATTORNEY None. L. IDENTIFICATION OF NEXT MEETING ITEMS FOR None. DRAFT September 2, 2020 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 7 of 8 Page 27 ADJOURNMENT Mayor Michael recessed the Council Meeting into Closed Session at 8:07 p.m. Present were Council Members: Ryan Hutchison, Kristine Scott, Sam Spagnolo, and Mayor Pro Tern Lynne Kennedy and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; James L. Markman, City Attorney; Lori Sassoon, Deputy City Manager/Administrative Services; Elisa Cox, Deputy City Manager/Cultural & Civic Services and Matt Burris, Deputy City Manager/Economic and Community Development. CONDUCT OF CLOSED SESSION: D3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 9789 MAIN STREET IDENTIFIED AS PARCEL NUMBERS 0209062020000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND CAROL NORRIS, NORTHTOWN HOUSING DEVELOPMENT CORPORATION.; REGARDING PRICE AND TERMS. - CITY D4. 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 D5. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OF SUBDIVISION (D) OF CALIFORNIA GOVERNMENT CODE SECTION 54956.9: (1 CASE) D6. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OF SUBDIVISION (D) OF SECTION 54956.9: 1 CASE THE CITY HAS RECEIVED A LETTER THREATENING LITIGATION IN CONNECTION WITH THE CANCELLATION OF A TOWING SERVICES AGREEMENT. THE LETTER IS AVAILABLE FOR INSPECTION IN THE CITY CLERK'S OFFICE. —CITY D7. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: HIMNEL USA, INC. d/b/a ST. MARY'S MONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OF RANCHO CUCAMONGA, SBSC CASE NO.: CIVDS 2014554- CITY D8. CONFERENCE WITH REAL PROPERTY NEGOTIATIONS PROPERTY: 8408 ROCHESTER AVENUE, RANCHO CUCAMONGA, CA AGENCY NEGOTIATORS: JENNIFER HUNT-GRACIA AND JOHN GILLISON NEGOTIATING PARTIES: CITY OF RANCHO CUCAMONGA AND GOALS SOCCER CENTERS, INC. UNDER NEGOTIATION: TERMS OF LEASE. - CITY The Closed Session adjourned at 9:25 p.m. Respectfully submitted, Linda A. Troyan, MMC City Clerk Services Director Approved: DRAFT September 2, 2020 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 8 of 8 Page 28 CITY OF RANCHO CUCAMONGA DATE: September 16, 2020 TO: President and Members of the Board of Directors FROM: John R. Gillison, City Manager INITIATED BY: Veronica Lopez, Accounts Payable Supervisor SUBJECT: Consideration to Approve Bi-Weekly Payroll in the Amount of $817,494.45 and Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Amount of $252,678.08 Dated August 24, 2020 Through September 07, 2020 and Electronic Debit Register for the Month of August in the Amount of$1,334,137.78. 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 MISSION /VISION / GOAL(S) ADDRESSED: N/A ATTACHMENTS: Attachment 1- Weekly Check Registers Attachment 2 - Electronic Debit Register Page 29 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 8/24/2020 through 9/7/2020 Check No. Check Date Vendor Name Ca Fire Amount AP 00011160 08/24/2020 AHUMADA,ALEXANDER R 0.00 630.56 630.56 AP 00011161 08/24/2020 ALMAND,LLOYD 0.00 630.56 630.56 AP 00011162 08/24/2020 BANTAU,VICTORIA 0.00 539.86 539.86 AP 00011163 08/24/2020 BAZAL,SUSAN 0.00 743.03 743.03 AP 00011164 08/24/2020 BELL,MICHAEL L 0.00 1,723.24 1,723.24 AP 00011165 08/24/2020 BERRY,DAVID 0.00 864.82 864.82 AP 00011166 08/24/2020 BROCK,ROBIN 0.00 1,176.90 1,176.90 AP 00011167 08/24/2020 CAMPBELL,GERALD 0.00 864.82 864.82 AP 00011168 08/24/2020 CAMPBELL,STEVEN 0.00 1,189.23 1,189.23 AP 00011169 08/24/2020 CARNES,KENNETH 0.00 539.86 539.86 AP 00011170 08/24/2020 CLABBY,RICHARD 0.00 1,189.78 1,189.78 AP 00011171 08/24/2020 CLOUGHESY,DONALD R 0.00 2,281.91 2,281.91 AP 00011172 08/24/2020 CORCORAN,ROBERT ANTHONY 0.00 792.12 792.12 AP 00011173 08/24/2020 COSTELLO,DENNIS M 0.00 2,281.91 2,281.91 AP 00011174 08/24/2020 COX,KARL 0.00 630.56 630.56 AP 00011175 08/24/2020 CRANE,RALPH 0.00 630.56 630.56 AP 00011176 08/24/2020 CROSSLAND,WILBUR 0.00 539.86 539.86 AP 00011177 08/24/2020 CURATALO,JAMES 0.00 1,176.90 1,176.90 AP 00011178 08/24/2020 DAGUE,JAMES 0.00 1,127.81 1,127.81 AP 00011179 08/24/2020 DE ANTONIO,SUSAN 0.00 792.12 792.12 AP 00011180 08/24/2020 DEANS,JACKIE 0.00 245.78 245.78 AP 00011181 08/24/2020 DOMINICK,SAMUEL A. 0.00 1,176.90 1,176.90 AP 00011182 08/24/2020 EAGLESON,MICHAEL 0.00 1,723.24 1,723.24 AP 00011183 08/24/2020 EGGERS,BOB 0.00 1,735.57 1,735.57 AP 00011184 08/24/2020 FEJERAN,TIM 0.00 1,588.41 1,588.41 AP 00011185 08/24/2020 FRITCHEY,JOHN D. 0.00 539.86 539.86 AP 00011186 08/24/2020 HEYDE,DONALD 0.00 630.56 630.56 AP 00011187 08/24/2020 INTERLICCHIA,ROSALYN 0.00 245.78 245.78 AP 00011188 08/24/2020 JERKINS,PATRICK 0.00 1,588.41 1,588.41 AP 00011189 08/24/2020 KILMER,STEPHEN 0.00 1,189.78 1,189.78 AP 00011190 08/24/2020 LANE,WILLIAM 0.00 630.56 630.56 AP 00011191 08/24/2020 LARKIN,DAVID W 0.00 1,588.41 1,588.41 AP 00011192 08/24/2020 LEE,ALLAN J. 0.00 1,306.95 1,306.95 AP 00011193 08/24/2020 LENZE,PAUL E 0.00 1,487.34 1,487.34 AP 00011194 08/24/2020 LONCAR,PHILIP 0.00 1,189.78 1,189.78 AP 00011195 08/24/2020 LONGO,JOE 0.00 200.43 200.43 AP 00011196 08/24/2020 LUTTRULL,DARRELL 0.00 539.86 539.86 AP 00011197 08/24/2020 MACKALL,BEVERLY 0.00 200.43 200.43 AP 00011198 08/24/2020 MAYFIELD,RON 0.00 630.56 630.56 AP 00011199 08/24/2020 MCKEE,JOHN 0.00 630.56 630.56 AP 00011200 08/24/2020 MCNEIL,KENNETH 0.00 630.56 630.56 AP 00011201 08/24/2020 MICHAEL,L.DENNIS 0.00 1,176.90 1,176.90 AP 00011202 08/24/2020 MORGAN,BYRON 0.00 1,792.73 1,792.73 AP 00011203 08/24/2020 MYSKOW,DENNIS 0.00 1,189.78 1,189.78 AP 00011204 08/24/2020 NAUMAN,MICHAEL 0.00 539.86 539.86 AP 00011205 08/24/2020 NEE,RON 0.00 743.03 743.03 AP 00011206 08/24/2020 NELSON,MARY JANE 0.00 200.43 200.43 User: VLOPEZ-VERONICA LOPEZ Page: 1 Current Date: 09/08/2020 Report:CK_AGENDA REG_PORTRAIT_CONSOLIDATED-CK:Agenda Check Register Portrait Layout Page Sine: 07:45:18 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 8/24/2020 through 9/7/2020 Check No. Check Date Vendor Name Ca Fire Amount AP 00011207 08/24/2020 O'BRIEN,TOM 0.00 1,281.58 1,281.58 AP 00011208 08/24/2020 PLOUNG,MICHAEL J 0.00 563.78 563.78 AP 00011209 08/24/2020 POST,MICHAEL R 0.00 1,280.32 1,280.32 AP 00011210 08/24/2020 PROULX,PATRICK 0.00 1,723.24 1,723.24 AP 00011211 08/24/2020 REDMOND,MIKE 0.00 630.56 630.56 AP 00011212 08/24/2020 ROBERTS,BRENT 0.00 792.12 792.12 AP 00011213 08/24/2020 ROBERTS,CHERYL L 0.00 2,281.91 2,281.91 AP 00011214 08/24/2020 ROEDER,JEFF 0.00 1,723.24 1,723.24 AP 00011215 08/24/2020 SALISBURY,THOMAS 0.00 630.56 630.56 AP 00011216 08/24/2020 SMITH,RONALD 0.00 539.86 539.86 AP 00011217 08/24/2020 SORENSEN,SCOTT D 0.00 1,625.06 1,625.06 AP 00011218 08/24/2020 SPAGNOLO,SAM 0.00 539.86 539.86 AP 00011219 08/24/2020 SPAIN,WILLIAM 0.00 864.82 864.82 AP 00011220 08/24/2020 SULLIVAN,JAMES 0.00 539.86 539.86 AP 00011221 08/24/2020 TAYLOR,STEVEN 0.00 1,975.24 1,975.24 AP 00011222 08/24/2020 TULEY,TERRY 0.00 1,723.24 1,723.24 AP 00011223 08/24/2020 VANDERKALLEN,FRANCIS 0.00 630.56 630.56 AP 00011224 08/24/2020 VARNEY,ANTHONY 0.00 1,176.90 1,176.90 AP 00011225 08/24/2020 WALTON,KEVIN 0.00 1,588.41 1,588.41 AP 00011226 08/24/2020 YOWELL,TIMOTHY A 0.00 630.56 630.56 AP 00011227 08/26/2020 CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA 23,435.88 0.00 23,435.88 AP 00011228 08/26/2020 RCCEA 1,822.75 0.00 1,822.75 AP 00011229 08/26/2020 RCPFA 12,449.29 0.00 12,449.29 AP 00011230 08/26/2020 RICHARDS WATSON AND GERSHON 37,031.47 11,889.78 48,921.25 *** AP 00011231 08/26/2020 CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT 6,000.00 0.00 6,000.00 AP 00011232 08/26/2020 ELECNOR BELCO ELECTRIC INC 21,917.08 0.00 21,917.08 AP 00011233 08/27/2020 OFFICE DEPOT 243.67 0.00 243.67 AP 00011234 08/27/2020 AIRGAS USA LLC 287.16 359.00 646.16 *** AP 00011235 08/27/2020 BIBLIOTHECA LLC 9,971.87 0.00 9,971.87 AP 00011236 08/27/2020 CARQUEST AUTO PARTS 45.14 0.00 45.14 AP 00011237 08/27/2020 DEMCOINC 505.28 0.00 505.28 AP 00011238 08/27/2020 DUNN EDWARDS CORPORATION 142.56 0.00 142.56 AP 00011239 08/27/2020 EMCOR SERVICES 0.00 3,085.13 3,085.13 AP 00011240 08/27/2020 MINUTEMAN PRESS 1,219.46 0.00 1,219.46 AP 00011241 08/27/2020 OFFICE DEPOT 514.28 0.00 514.28 AP 00011242 08/27/2020 THOMSON REUTERS WEST PUBLISHING CORP 331.00 0.00 331.00 AP 00011243 09/02/2020 GEOGRAPHICS 476.26 0.00 476.26 AP 00411805 08/24/2020 KIRKPATRICK,WILLIAM 0.00 1,666.26 1,666.26 AP 00411806 08/24/2020 RODRIGUEZ,VICTOR 0.00 630.56 630.56 AP 00411807 08/24/2020 TOWNSEND,JAMES 0.00 2,281.91 2,281.91 AP 00411808 08/24/2020 WALKER,KENNETH 0.00 245.78 245.78 AP 00411809 08/26/2020 AFLAC GROUP INSURANCE 24.58 0.00 24.58 AP 00411810 08/26/2020 ALLSTAR FIRE EQUIPMENT INC 0.00 1,255.53 1,255.53 AP 00411811 08/26/2020 ALTA VISTA MOBILE HOME PARK 397.59 0.00 397.59 AP 00411812 08/26/2020 AM-TEC TOTAL SECURITY INC 14,748.55 0.00 14,748.55 AP 00411813 08/26/2020 AMERICAN PUBLIC WORKS ASSOCIATION 700.00 0.00 700.00 AP 00411814 08/26/2020 AMTECH ELEVATOR SERVICES 504.90 0.00 504.90 User: VLOPEZ-VERONICA LOPEZ Page: 2 Current Date: 09/08/2020 Report:CK_AGENDA REG_PORTRAIT_CONSOLIDATED-CK:Agenda Check Register Portrait Layout Page Vine: 07:45:18 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 8/24/2020 through 9/7/2020 Check No. Check Date Vendor Name Ca Fire Amount AP 00411815 08/26/2020 AUTOLIFT SERVICES INC 0.00 874.29 874.29 AP 00411816 08/26/2020 AVILA,SUZANNE 20.00 0.00 20.00 AP 00411817 08/26/2020 BARBARA'S ANSWERING SERVICE 1,104.00 0.00 1,104.00 AP 00411818 08/26/2020 BASELINE ANIMAL HOSPITAL 100.00 0.00 100.00 AP 00411819 08/26/2020 BILL&WAGS INC 281.25 0.00 281.25 AP 00411820 08/26/2020 BLEAU,DANIELLE 103.00 0.00 103.00 AP 00411821 08/26/2020 BORSARI,THOMAS 20.00 0.00 20.00 AP 00411822 08/26/2020 BRIGHTVIEW LANDSCAPE SERVICES INC 1,250.44 0.00 1,250.44 AP 00411823 08/26/2020 C V W D 2,107.46 0.00 2,107.46 AP 00411824 08/26/2020 C V W D 322.10 0.00 322.10 AP 00411830 08/26/2020 C V W D 182,500.53 1,479.20 183,979.73 *** AP 00411831 08/26/2020 CA LLC-ALTA LAGUNA MHP 500.00 0.00 500.00 AP 00411832 08/26/2020 CAL PERS LONG-TERM CARE PROGRAM 164.48 0.00 164.48 AP 00411833 08/26/2020 CALANIMALS 150.00 0.00 150.00 AP 00411834 08/26/2020 CALIFORNIA,STATE OF 314.11 0.00 314.11 AP 00411835 08/26/2020 CALIFORNIA,STATE OF 127.52 0.00 127.52 AP 00411836 08/26/2020 CALIFORNIA,STATE OF 342.73 0.00 342.73 AP 00411837 08/26/2020 CASA VOLANTE MOBILE HOME PARK 700.00 0.00 700.00 AP 00411838 08/26/2020 CCS ORANGE COUNTY JANITORIAL INC 121,820.00 0.00 121,820.00 AP 00411839 08/26/2020 CHAPARRAL HEIGHTS MOBILE HOME PARK 474.35 0.00 474.35 AP 00411840 08/26/2020 CINTAS CORPORATION #150 2,328.98 360.42 2,689.40 *** AP 00411841 08/26/2020 COMMERCIAL ROOFING SYSTEMS INC 132,895.50 0.00 132,895.50 AP 00411842 08/26/2020 CONCEPT POWDER COATING 510.00 0.00 510.00 AP 00411843 08/26/2020 CONOR CONSULTING LLC 225.00 0.00 225.00 AP 00411844 08/26/2020 COVETRUS NORTH AMERICA 57.77 0.00 57.77 AP 00411845 08/26/2020 CRIME SCENE STERI-CLEAN LLC 540.00 0.00 540.00 AP 00411846 08/26/2020 D&K CONCRETE COMPANY 2,469.65 0.00 2,469.65 AP 00411847 08/26/2020 DELL MARKETING LP 3,506.67 0.00 3,506.67 AP 00411848 08/26/2020 DELMAR GROUP INC 5,000.00 0.00 5,000.00 AP 00411849 08/26/2020 DEPARTMENT OF JUSTICE 0.00 49.00 49.00 AP 00411850 08/26/2020 DEPARTMENT OF JUSTICE 247.00 0.00 247.00 AP 00411851 08/26/2020 EDDY,MATTHEW W 0.00 150.00 150.00 AP 00411852 08/26/2020 ENVIRONMENTAL&LUBRICATION SOLUTIONS INC 0.00 15,710.83 15,710.83 AP 00411853 08/26/2020 FACTORY MOTOR PARTS 0.00 721.62 721.62 AP 00411854 08/26/2020 FAIRVIEW FORD INC 3,506.21 0.00 3,506.21 AP 00411855 08/26/2020 FEDERAL EXPRESS CORP 19.16 0.00 19.16 AP 00411856 08/26/2020 FEDERAL EXPRESS CORP 99.80 0.00 99.80 AP 00411858 08/26/2020 FRONTIER COMM 2,640.95 743.31 3,384.26 *** AP 00411859 08/26/2020 FRONTIER COMM 3,339.54 0.00 3,339.54 AP 00411860 08/26/2020 G&M BUSINESS INTERIORS 155.81 0.00 155.81 AP 00411861 08/26/2020 GATEWAY PET CEMETERY&CREMATORY 440.00 0.00 440.00 AP 00411862 08/26/2020 GLORIA,NORALYN 90.00 0.00 90.00 AP 00411863 08/26/2020 GOGOV APPS INC 11,856.00 0.00 11,856.00 AP 00411864 08/26/2020 GOLDEN STATE RISK MANAGEMENT AUTHORITY 88,235.00 1,114.00 89,349.00 *** AP 00411865 08/26/2020 GRAINGER 400.70 131.80 532.50 *** AP 00411866 08/26/2020 GROVE LUMBER 350.48 0.00 350.48 AP 00411867 08/26/2020 GROVES ON FOOTHILL,THE 200.00 0.00 200.00 User: VLOPEZ-VERONICA LOPEZ Page: 3 Current Date: 09/08/2020 Report:CK_AGENDA REG_PORTRAIT_CONSOLIDATED-CK:Agenda Check Register Portrait Layout Page dine: 07:45:18 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 8/24/2020 through 9/7/2020 Check No. Check Date Vendor Name Ca Fire Amount AP 00411868 08/26/2020 HANSEN,BARBARA 722.16 0.00 722.16 AP 00411869 08/26/2020 HEARTSAVERS LLC 330.00 0.00 330.00 AP 00411870 08/26/2020 HILLS PET NUTRITION SALES INC 1,243.27 0.00 1,243.27 AP 00411871 08/26/2020 HOMETOWN AMERICA RAMONA VILLA 500.00 0.00 500.00 AP 00411872 08/26/2020 HOYT LUMBER CO,S M 0.00 14.14 14.14 AP 00411873 08/26/2020 HUNTINGTON HARDWARE CO INC 386.40 0.00 386.40 AP 00411874 08/26/2020 IDEXX DISTRIBUTION INC 892.17 0.00 892.17 AP 00411875 08/26/2020 INLAND DESERT SECURITY&COMMUNICATIONS INC 54.00 0.00 54.00 AP 00411876 08/26/2020 INLAND PRESORT&MAILING SERVICES 200.01 0.00 200.01 AP 00411877 08/26/2020 INTERSTATE BATTERIES 847.34 0.00 847.34 AP 00411878 08/26/2020 INYO NETWORKS 6,394.50 0.00 6,394.50 AP 00411879 08/26/2020 JESSEN,CLIFFORD LEROY 800.00 0.00 800.00 AP 00411880 08/26/2020 KWONG,ARON 1,000.50 0.00 1,000.50 AP 00411881 08/26/2020 LEVERAGE INFORMATION SYSTEMS INC 53,363.99 0.00 53,363.99 AP 00411882 08/26/2020 LOURY'S CUSTOM POOL INC 206.93 0.00 206.93 AP 00411883 08/26/2020 LOZANO SMITH LLP 15,628.25 0.00 15,628.25 AP 00411884 08/26/2020 LYN,FRED 27.00 0.00 27.00 AP 00411885 08/26/2020 MAPLE LANE GROUP LLC 5,000.00 0.00 5,000.00 AP 00411886 08/26/2020 MARIPOSA LANDSCAPES INC 83,920.73 2,643.17 86,563.90 *** AP 00411887 08/26/2020 MARK CHRISTOPHER INC 150.13 0.00 150.13 AP 00411888 08/26/2020 MARY S ROBERTS SPAY/NEUTER CLINIC 25.00 0.00 25.00 AP 00411889 08/26/2020 MCI 34.88 0.00 34.88 AP 00411890 08/26/2020 MCMASTER-CARR SUPPLY COMPANY 368.06 0.00 368.06 AP 00411891 08/26/2020 MCMURRAY,ASHLEY 795.08 0.00 795.08 AP 00411892 08/26/2020 MEDIWASTE DISPOSAL 40.00 0.00 40.00 AP 00411893 08/26/2020 MOUNTAIN VIEW SMALL ENG REPAIR 15.00 0.00 15.00 AP 00411894 08/26/2020 NAPA AUTO PARTS 54.86 554.25 609.11 *** AP 00411895 08/26/2020 NYX PROFESSIONAL MAKEUP 139.38 0.00 139.38 AP 00411896 08/26/2020 ONTRAC 289.29 0.00 289.29 AP 00411897 08/26/2020 ONWARD ENGINEERING 11,000.00 0.00 11,000.00 AP 00411898 08/26/2020 PANORAMA DEVELOPMENT INC. 5,000.00 0.00 5,000.00 AP 00411899 08/26/2020 PH&S PRODUCTS LLC 0.00 3,593.75 3,593.75 AP 00411900 08/26/2020 PINES MOBILE HOME PARK,THE 200.00 0.00 200.00 AP 00411901 08/26/2020 POWER&TELEPHONE SUPPLY COMPANY 6,872.57 0.00 6,872.57 AP 00411902 08/26/2020 PRE-PAID LEGAL SERVICES INC 60.17 0.00 60.17 AP 00411903 08/26/2020 R AND R AUTOMOTIVE 3,428.94 0.00 3,428.94 AP 00411904 08/26/2020 RACKED AND READY STEEL AND ALUMINUM 798.21 0.00 798.21 AP 00411905 08/26/2020 RAGAN COMMUNICATIONS INC 34.99 0.00 34.99 AP 00411906 08/26/2020 RANCHO CUCAMONGA TOWN SQUARE 11,374.44 0.00 11,374.44 AP 00411907 08/26/2020 RANCHO SMOG CENTER 119.85 0.00 119.85 AP 00411908 08/26/2020 RBM LOCK AND KEY SERVICE 694.92 0.00 694.92 AP 00411909 08/26/2020 SBPEA 2,431.51 0.00 2,431.51 AP 00411910 08/26/2020 SHERIFFS COURT SERVICES 100.00 0.00 100.00 AP 00411911 08/26/2020 SIGN SHOP,THE 136.30 0.00 136.30 AP 00411919 08/26/2020 SOUTHERN CALIFORNIA EDISON 10,815.68 4,026.19 14,841.87 *** AP 00411920 08/26/2020 SOUTHERN CALIFORNIA EDISON 2,556.57 0.00 2,556.57 AP 00411921 08/26/2020 SOUTHERN CALIFORNIA PATIOS 252.68 0.00 252.68 User: VLOPEZ-VERONICA LOPEZ Page: 4 Current Date: 09/08/2020 Report:CK_AGENDA REG_PORTRAIT_CONSOLIDATED-CK:Agenda Check Register Portrait Layout Page Rne: 07:45:18 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 8/24/2020 through 9/7/2020 Check No. Check Date Vendor Name Ca Fire Amount AP 00411922 08/26/2020 STERLING COFFEE SERVICE 0.00 317.49 317.49 AP 00411923 08/26/2020 STOR'EM SELF STORAGE 1,150.00 0.00 1,150.00 AP 00411924 08/26/2020 SUNSATIONS LUGGAGE 500.00 0.00 500.00 AP 00411925 08/26/2020 SYCAMORE VILLA MOBILE HOME PARK 400.00 0.00 400.00 AP 00411926 08/26/2020 T S R CONSTRUCTION&INSPECTION 52,362.10 0.00 52,362.10 AP 00411927 08/26/2020 THE COUNSELING TEAM INTERNATIONAL 0.00 900.00 900.00 AP 00411928 08/26/2020 TORO TOWING 370.00 0.00 370.00 AP 00411929 08/26/2020 TREETOWN USA VILLAGE NURSERIES AND HINES 689.61 0.00 689.61 AP 00411930 08/26/2020 TURI,MICAHEL 5,000.00 0.00 5,000.00 AP 00411931 08/26/2020 UNITED SITE SERVICES OF CA INC 301.45 0.00 301.45 AP 00411932 08/26/2020 UNITED WAY 50.00 0.00 50.00 AP 00411933 08/26/2020 UPLAND ANIMAL HOSPITAL 1,176.06 0.00 1,176.06 AP 00411934 08/26/2020 UPS 289.10 0.00 289.10 AP 00411935 08/26/2020 VAST NATIONAL INC 6,104.16 0.00 6,104.16 AP 00411936 08/26/2020 VELOCITY TRUCK CENTERS 71.10 0.00 71.10 AP 00411941 08/26/2020 VERIZON WIRELESS-LA 6,160.95 0.00 6,160.95 AP 00411942 08/26/2020 VERIZON WIRELESS-LA 86.11 0.00 86.11 AP 00411943 08/26/2020 VETERINARY ANESTHESIA SUPPORT 1,162.51 0.00 1,162.51 AP 00411944 08/26/2020 VICTOR MEDICAL COMPANY 1,862.33 0.00 1,862.33 AP 00411945 08/26/2020 VIRGIN PULSE INC 1,082.40 0.00 1,082.40 AP 00411946 08/26/2020 VORTEX INDUSTRIES INC 400.00 0.00 400.00 AP 00411947 08/26/2020 WALTERS WHOLESALE ELECTRIC CO 308.73 0.00 308.73 AP 00411948 08/26/2020 WAXIE SANITARY SUPPLY 2,566.81 0.00 2,566.81 AP 00411949 08/26/2020 WELDAY,JASON 2,300.00 0.00 2,300.00 AP 00411950 08/26/2020 WEST COAST ARBORISTS INC 44,864.00 0.00 44,864.00 AP 00411951 08/26/2020 WILSON,AMY 20.00 0.00 20.00 AP 00411952 08/26/2020 ZOETIS US LLC 695.62 0.00 695.62 AP 00411953 08/26/2020 ANTECH DIAGNOSTICS 1,551.00 0.00 1,551.00 AP 00411954 08/26/2020 ARCHIBALD PET HOSPITAL 25.00 0.00 25.00 AP 00411955 08/26/2020 BAKER&TAYLOR LLC 1,067.00 0.00 1,067.00 AP 00411956 08/26/2020 BARBARA'S ANSWERING SERVICE 1,104.00 0.00 1,104.00 AP 00411957 08/26/2020 BILL&WAGS INC 330.00 0.00 330.00 AP 00411958 08/26/2020 BRIDGE DEVELOPMENT PARTNERS LLC 14,519.00 0.00 14,519.00 AP 00411959 08/26/2020 BUSTAMANTE,DENALONOR 455.54 0.00 455.54 AP 00411960 08/26/2020 CALIFA GROUP 12,358.53 0.00 12,358.53 AP 00411961 08/26/2020 CASTRO,JONATHAN 391.99 0.00 391.99 AP 00411962 08/26/2020 CROSBY,SHAWN 425.00 0.00 425.00 AP 00411963 08/26/2020 EMPLOYMENT DEVELOPMENT DEPT 168,384.00 0.00 168,384.00 AP 00411964 08/26/2020 FOOTHILL FAMILY SHELTER 1,250.00 0.00 1,250.00 AP 00411965 08/26/2020 FOOTHILL FAMILY SHELTER 1,250.00 0.00 1,250.00 AP 00411966 08/26/2020 FORTIN LAW GROUP 4,335.25 0.00 4,335.25 AP 00411967 08/26/2020 GATEWAY PET CEMETERY&CREMATORY 977.00 0.00 977.00 AP 00411968 08/26/2020 HEARTSAVERS LLC 44.00 0.00 44.00 AP 00411969 08/26/2020 HEATH,AMY 802.52 0.00 802.52 AP 00411970 08/26/2020 HOUSE OF RUTH INC 2,620.00 0.00 2,620.00 AP 00411971 08/26/2020 HUMANE SOCIETY OF SAN BERNARDINO VALLEY 50.00 0.00 50.00 AP 00411972 08/26/2020 INDEPENDENT ROOFING CONSULTANTS 4,250.00 0.00 4,250.00 User: VLOPEZ-VERONICA LOPEZ Page: 5 Current Date: 09/08/2020 Report:CK_AGENDA REG_PORTRAIT_CONSOLIDATED-CK:Agenda Check Register Portrait Layout Page dine: 07:45:18 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 8/24/2020 through 9/7/2020 Check No. Check Date Vendor Name Ca Fire Amount AP 00411973 08/26/2020 INLAND FAIR HOUSING MEDIATION BOARD 1,640.00 0.00 1,640.00 AP 00411974 08/26/2020 INLAND VALLEY COUNCIL OF CHURCHES 7,428.00 0.00 7,428.00 AP 00411975 08/26/2020 JACOBY IE INC,ERIC 236.48 0.00 236.48 AP 00411976 08/26/2020 JCA ENGINEERING INC 12,520.00 0.00 12,520.00 AP 00411977 08/26/2020 LEISURE COACHWORKS 35,935.98 0.00 35,935.98 AP 00411978 08/26/2020 MEDIWASTE DISPOSAL 40.00 0.00 40.00 AP 00411979 08/26/2020 MORALES,RICARDO 131.60 0.00 131.60 AP 00411980 08/26/2020 MOUNTAIN VIEW SMALL ENG REPAIR 420.21 0.00 420.21 AP 00411981 08/26/2020 NINYO&MOORE 0.00 3,743.00 3,743.00 AP 00411982 08/26/2020 OCCUPATIONAL HEALTH CTRS OF CA 0.00 622.50 622.50 AP 00411983 08/26/2020 ORKIN PEST CONTROL 65.00 0.00 65.00 AP 00411984 08/26/2020 PALACIOS,JENNIFER 55.81 0.00 55.81 AP 00411985 08/26/2020 RAYGOZA,NORMA 80.00 0.00 80.00 AP 00411986 08/26/2020 REACH MEDIA NETWORK 7,005.00 0.00 7,005.00 AP 00411987 08/26/2020 SOWLES,JULIE 1,694.42 0.00 1,694.42 AP 00411988 08/26/2020 STILES ANIMAL REMOVAL INC 600.00 0.00 600.00 AP 00411989 08/26/2020 UPLAND ANIMAL HOSPITAL 128.90 0.00 128.90 AP 00411990 08/26/2020 URBAN3 9,496.00 0.00 9,496.00 AP 00411991 08/26/2020 WAXIE SANITARY SUPPLY 2,258.54 0.00 2,258.54 AP 00411992 09/02/2020 ABLE BUILDING MAINTENANCE 347.35 0.00 347.35 AP 00411993 09/02/2020 ALL AMERICAN ASPHALT 154,366.16 0.00 154,366.16 AP 00411994 09/02/2020 ALL WELDING 410.00 0.00 410.00 AP 00411995 09/02/2020 AUERBACH POLLOCK FRIEDLANDER 1,760.00 0.00 1,760.00 AP 00411996 09/02/2020 AUFBAU CORPORATION 20,361.00 0.00 20,361.00 AP 00411997 09/02/2020 AUFBAU CORPORATION 10,846.00 0.00 10,846.00 AP 00411998 09/02/2020 BAKER&TAYLOR LLC 1,952.40 0.00 1,952.40 AP 00411999 09/02/2020 BASTIAN,DAVID 0.00 270.00 270.00 AP 00412000 09/02/2020 BUREAU VERITAS NORTH AMERICA INC 1,915.22 0.00 1,915.22 AP 00412001 09/02/2020 C P CONSTRUCTION INC 61,275.00 0.00 61,275.00 AP 00412002 09/02/2020 C V W D 895.85 0.00 895.85 AP 00412004 09/02/2020 C V W D 31,859.11 84.58 31,943.69 *** AP 00412005 09/02/2020 CACEO 250.00 0.00 250.00 AP 00412006 09/02/2020 CINTAS CORPORATION #150 1,159.61 520.09 1,679.70 *** AP 00412007 09/02/2020 COLDWELL BANKER RESIDENTIAL 43.45 0.00 43.45 AP 00412008 09/02/2020 COMMERCIAL TRANSPORTATION SVCS INC 11,206.00 0.00 11,206.00 AP 00412009 09/02/2020 CROWN CASTLE 180.00 0.00 180.00 AP 00412010 09/02/2020 CUMMINS SALES&SERVICE 0.00 770.00 770.00 AP 00412011 09/02/2020 D&K CONCRETE COMPANY 1,548.38 0.00 1,548.38 AP 00412012 09/02/2020 DANIELS TIRE SERVICE 0.00 4,088.80 4,088.80 AP 00412013 09/02/2020 DATA TICKET INC 4,489.35 0.00 4,489.35 AP 00412014 09/02/2020 DEPARTMENT OF TRANSPORTATION 13,230.30 0.00 13,230.30 AP 00412015 09/02/2020 ELITE CUSTOMS CONSTRUCTION 2,575.00 0.00 2,575.00 AP 00412016 09/02/2020 ERICKSON-HALL CONSTRUCTION CO 0.00 78,491.25 78,491.25 AP 00412017 09/02/2020 EVOLUTION FRESH INC 26,726.85 0.00 26,726.85 AP 00412018 09/02/2020 EXPRESS BRAKE SUPPLY INC 644.57 0.00 644.57 AP 00412019 09/02/2020 FACTORY MOTOR PARTS 0.00 2,582.15 2,582.15 AP 00412020 09/02/2020 FAILSAFE TESTING LLC 0.00 470.00 470.00 User: VLOPEZ-VERONICA LOPEZ Page: 6 Current Date: 09/08/2020 Report:CK_AGENDA REG_PORTRAIT_CONSOLIDATED-CK:Agenda Check Register Portrait Layout Page 9%me: 07:45:18 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 8/24/2020 through 9/7/2020 Check No. Check Date Vendor Name Ca Fire Amount AP 00412021 09/02/2020 FAIRVIEW FORD INC 546.31 0.00 546.31 AP 00412022 09/02/2020 FLEETPRIDE 0.00 995.08 995.08 AP 00412023 09/02/2020 FRASURE,MICHAEL 39.31 0.00 39.31 AP 00412024 09/02/2020 G&M BUSINESS INTERIORS 0.00 48.12 48.12 AP 00412025 09/02/2020 GEOGRAPHIC TECHNOLOGIES GROUP INC 4,200.00 0.00 4,200.00 AP 00412026 09/02/2020 GLOBALSTAR USA 154.63 0.00 154.63 AP 00412027 09/02/2020 GRAINGER 350.20 0.00 350.20 AP 00412028 09/02/2020 HADDAD,BRANDEN 150.00 0.00 150.00 AP 00412029 09/02/2020 HAULAWAY STORAGE CONTAINERS INC 239.68 0.00 239.68 AP 00412030 09/02/2020 HENRY SCHEIN INC 0.00 1,174.54 1,174.54 AP 00412031 09/02/2020 HOLLOWAY,WILLIAM 268.81 0.00 268.81 AP 00412032 09/02/2020 HOSE HEAVEN 127.49 0.00 127.49 AP 00412033 09/02/2020 HOYT LUMBER CO,S M 0.00 52.98 52.98 AP 00412034 09/02/2020 HUNTINGTON HARDWARE CO INC 251.17 0.00 251.17 AP 00412035 09/02/2020 IMAGO TRAILER MANUFACTURING 135.77 0.00 135.77 AP 00412036 09/02/2020 INDEPENDENT ROOFING CONSULTANTS 1,250.00 0.00 1,250.00 AP 00412037 09/02/2020 INTERWEST CONSULTING GROUP INC 0.00 693.75 693.75 AP 00412038 09/02/2020 KAISER FOUNDATION HEALTH PLAN INC 235,613.11 0.00 235,613.11 AP 00412039 09/02/2020 LANDSCAPE WEST MANAGEMENT SERVICES INC 47,031.91 0.00 47,031.91 AP 00412040 09/02/2020 LIEBERT CASSIDY WHITMORE 12,756.00 2,035.00 14,791.00 *** AP 00412041 09/02/2020 MARIPOSA LANDSCAPES INC 44,207.69 0.00 44,207.69 AP 00412042 09/02/2020 MCMASTER-CARR SUPPLY COMPANY 159.31 0.00 159.31 AP 00412043 09/02/2020 MG PETROLEUM INC 713.00 0.00 713.00 AP 00412044 09/02/2020 MOUNTAIN VIEW SMALL ENG REPAIR 66.69 0.00 66.69 AP 00412045 09/02/2020 NAFA FLEET MANAGEMENT ASSOCIATION 499.00 0.00 499.00 AP 00412046 09/02/2020 NAPA AUTO PARTS 53.64 524.27 577.91 *** AP 00412047 09/02/2020 OCTAVIO CHAVEZ AND LAW OFFICES OF 50,000.00 0.00 50,000.00 AP 00412048 09/02/2020 PACIFIC PRODUCTIONS 1,375.00 0.00 1,375.00 AP 00412049 09/02/2020 PINNACLE PETROLEUM INC 40,782.34 0.00 40,782.34 AP 00412050 09/02/2020 PRISTINE UNIFORMS LLC 0.00 190.69 190.69 AP 00412051 09/02/2020 QUADIENT INC 540.53 0.00 540.53 AP 00412052 09/02/2020 RANCHO CUCAMONGA CHAMBER OF COMMERCE 3,333.34 0.00 3,333.34 AP 00412053 09/02/2020 RANCHO SMOG CENTER 39.95 0.00 39.95 AP 00412054 09/02/2020 RIGEL PRODUCTS AND SERVICE 344.80 0.00 344.80 AP 00412055 09/02/2020 ROTARY CORPORATION 328.94 0.00 328.94 AP 00412056 09/02/2020 SAITECH INC 46,224.00 0.00 46,224.00 AP 00412057 09/02/2020 SAN ANTONIO REGIONAL HOSPITAL 0.00 60.00 60.00 AP 00412058 09/02/2020 SAN BERNARDINO COUNTY 0.00 12,210.95 12,210.95 AP 00412059 09/02/2020 SAN BERNARDINO COUNTY 80.95 0.00 80.95 AP 00412060 09/02/2020 SAN BERNARDINO CTY FIRE PROTECTION DIST 0.00 5,687.00 5,687.00 AP 00412061 09/02/2020 SCL 0.00 2,319.19 2,319.19 AP 00412062 09/02/2020 SHOETERIA 355.00 0.00 355.00 AP 00412063 09/02/2020 SHRED PROS 176.00 0.00 176.00 AP 00412064 09/02/2020 SIGN SHOP,THE 23.64 0.00 23.64 AP 00412065 09/02/2020 SILVER&WRIGHT LLP 0.00 4,758.13 4,758.13 AP 00412067 09/02/2020 SONSRAY MACHINERY LLC 260.75 0.00 260.75 AP 00412071 09/02/2020 SOUTHERN CALIFORNIA EDISON 4,172.17 1,034.77 5,206.94 *** User: VLOPEZ-VERONICA LOPEZ Page: 7 Current Date: 09/08/2020 Report:CK_AGENDA REG_PORTRAIT_CONSOLIDATED-CK:Agenda Check Register Portrait Layout Page Hine: 07:45:18 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 8/24/2020 through 9/7/2020 Check No. Check Date Vendor Name Ca Fire Amount AP 00412072 09/02/2020 SOUTHERN CALIFORNIA EDISON 57.66 0.00 57.66 AP 00412073 09/02/2020 SPECIAL SERVICES GROUP LLC 150.85 0.00 150.85 AP 00412074 09/02/2020 STANDARD INSURANCE COMPANY 11,881.70 0.00 11,881.70 AP 00412075 09/02/2020 STANDARD INSURANCE COMPANY 3,189.88 0.00 3,189.88 AP 00412076 09/02/2020 STOTZ EQUIPMENT 447.55 0.00 447.55 AP 00412077 09/02/2020 TILDEN-COIL CONSTRUCTORS 10,000.00 0.00 10,000.00 AP 00412078 09/02/2020 TIREHUB LLC 1,074.26 0.00 1,074.26 AP 00412079 09/02/2020 TRAVELERS HAVEN LLC 24.81 0.00 24.81 AP 00412080 09/02/2020 U.S.BANK PARS ACCT#6746022500 21,628.23 0.00 21,628.23 AP 00412081 09/02/2020 U.S.BANK PARS ACCT#6746022500 1,096.45 0.00 1,096.45 AP 00412082 09/02/2020 UNITED SITE SERVICES OF CA INC 301.45 0.00 301.45 AP 00412083 09/02/2020 UNIVERSAL FLEET SUPPLY 0.00 199.90 199.90 AP 00412084 09/02/2020 UNIVERSITY ENTERPRISES CORP @ CSUSB,THE 18,750.00 0.00 18,750.00 AP 00412085 09/02/2020 US POSTMASTER 240.00 0.00 240.00 AP 00412086 09/02/2020 VALLEY POWER SYSTEMS INC 0.00 96.83 96.83 AP 00412087 09/02/2020 VAN DAELE HOMES CORPORATION 2,186.47 0.00 2,186.47 AP 00412088 09/02/2020 VAN SCOYOC ASSOCIATES INC 4,000.00 0.00 4,000.00 AP 00412089 09/02/2020 VERIZON WIRELESS-LA 0.00 5,726.55 5,726.55 AP 00412090 09/02/2020 VICTOR MEDICAL COMPANY 922.58 0.00 922.58 AP 00412091 09/02/2020 VULCAN MATERIALS COMPANY 8,939.26 0.00 8,939.26 Total City: $2,289,273.41 Total Fire: $252,678.08 Grand Total: Note: *** Check Number includes both City and Fire District expenditures User: VLOPEZ-VERONICA LOPEZ Page: 8 Current Date: 09/08/2020 Report:CK_AGENDA REG_PORTRAIT_CONSOLIDATED-CK:Agenda Check Register Portrait Layout Page Wine: 07:45:18 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Electronic Debit Register August 1, 2020 to August 31, 2020 DATE DESCRIPTION CITY FIRE AMOUNT 8/3 Workers Comp-City Account Transfer 231.41 231.41 8/3 Workers Comp-Fire Account Transfer 4,248.76 4,248.76 8/4 Bank Fee 102.60 102.60 8/4 U.S.BANK-Purchasing Card Payment 16,579.68 12,220.83 28,800.51 8/4 U.S.BANK-Corporate Card Payment 38,183.76 10,304.49 48,488.25 8/4 U.S.BANK-Costco Card Payment 409.44 1,190.15 1,599.59 8/4 Workers Comp-City Account Transfer 268.62 268.62 8/4 Workers Comp-Fire Account Transfer 580.00 580.00 8/5 Workers Comp-City Account Transfer 753.75 753.75 8/5 Workers Comp-Fire Account Transfer 522.14 522.14 8/6 WIRE PAYMENT-PURCHASE OF PROPERTY 717,284.11 717,284.11 8/6 Workers Comp-Fire Account Transfer 2,535.28 2,535.28 8/10 CALPERS-City-Retirement Account Deposit 53,680.90 53,680.90 8/10 CALPERS-City-Retirement Account Deposit 112,405.17 112,405.17 8/10 WIRE PAYMENT-RCMU CAISO 85,849.35 85,849.35 8/10 Workers Comp-City Account Transfer 286.00 286.00 8/11 Workers Comp-Fire Account Transfer 580.00 580.00 8/12 CALPERS-Fire-Retirement Account Deposit 2,651.88 2,651.88 8/12 CALPERS-Fire-Retirement Account Deposit 3,261.32 3,261.32 8/12 CALPERS-Fire-Retirement Account Deposit 5,037.07 5,037.07 8/12 CALPERS-Fire-Retirement Account Deposit 10,499.63 10,499.63 8/12 CALPERS-Fire-Retirement Account Deposit 24,787.04 24,787.04 8/12 CALPERS-Fire-Retirement Account Deposit 118,755.61 118,755.61 8/13 STATE DISBURSEMENT UNIT-Child Support Payments 3,748.95 3,748.95 8/13 STATE DISBURSEMENT UNIT-Child Support Payments 2,782.50 2,782.50 8/13 WIRE PAYMENT-CFD DEBT SERVICE PAYMENTS 3,305,566.16 3,305,566.16 8/13 WIRE PAYMENT-CFD DEBT SERVICE PAYMENTS 47,915.32 47,915.32 8/13 WIRE PAYMENT-CFD DEBT SERVICE PAYMENTS 49,318.00 49,318.00 8/13 WIRE PAYMENT-CFD DEBT SERVICE PAYMENTS 120,747.69 120,747.69 8/13 WIRE PAYMENT-CFD DEBT SERVICE PAYMENTS 197,399.49 197,399.49 8/13 WIRE PAYMENT-CFD DEBT SERVICE PAYMENTS 446,428.98 446,428.98 8/13 WIRE PAYMENT-CFD DEBT SERVICE PAYMENTS 499,426.89 499,426.89 8/13 Workers Comp-Fire Account Transfer 864.99 864.99 8/14 Workers Comp-City Account Transfer 314.67 314.67 8/14 Workers Comp-Fire Account Transfer 113.49 113.49 8/17 WIRE PAYMENT-RCMU CAISO 3,779.69 3,779.69 8/17 Workers Comp-City Account Transfer 43.75 43.75 8/17 Workers Comp-Fire Account Transfer 866.44 866.44 8/18 CALPERS-City-Retirement Account Deposit 30.17 30.17 8/18 CALPERS-City-Retirement Account Deposit 5,130.74 5,130.74 8/18 Workers Comp-City Account Transfer 539.74 539.74 8/18 Workers Comp-Fire Account Transfer 4,309.80 4,309.80 8/19 Workers Comp-City Account Transfer 6,444.76 6,444.76 8/19 Workers Comp-Fire Account Transfer 2,818.34 2,818.34 8/20 Workers Comp-Fire Account Transfer 2,724.94 2,724.94 8/24 Workers Comp-City Account Transfer 1,500.00 1,500.00 8/24 Workers Comp-Fire Account Transfer 512.00 512.00 8/26 CALPERS-City-Retirement Account Deposit 450.83 450.83 8/26 CALPERS-City-Retirement Account Deposit 56,494.40 56,494.40 8/26 CALPERS-City-Retirement Account Deposit 112,305.01 112,305.01 8/27 CALPERS-Fire-Retirement Account Deposit 174,085.24 174,085.24 8/27 CALPERS-Fire-Retirement Account Deposit 3,261.32 3,261.32 8/27 CALPERS-Fire-Retirement Account Deposit 3,285.04 3,285.04 8/27 CALPERS-Fire-Retirement Account Deposit 4,788.18 4,788.18 8/27 CALPERS-Fire-Retirement Account Deposit 10,499.63 10,499.63 8/27 CALPERS-Fire-Retirement Account Deposit 24,435.92 24,435.92 i Page 38 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Electronic Debit Register August 1,2020 to August 31,2020 DATE DESCRIPTION CITY FIRE AMOUNT 8/27 CALPERS-Fire-Retirement Account Deposit 118,679.85 118,679.85 8/27 STATE DISBURSEMENT UNIT-Child Support Payments 4,288.13 4,288.13 8/27 STATE DISBURSEMENT UNIT-Child Support Payments 2,782.50 2,782.50 8/27 Workers Comp-City Account Transfer 472.83 472.83 8/27 Workers Comp-Fire Account Transfer 664.36 664.36 8/28 Workers Comp-City Account Transfer 80.68 80.68 8/28 Workers Comp-Fire Account Transfer 56,411.96 56,411.96 8/31 Workers Comp-City Account Transfer 284.21 284.21 8/31 Workers Comp-Fire Account Transfer 3,320.89 3,320.89 TOTAL CITY 5,168,989.69 TOTAL FIRE 1,334,137.78 GRAND TOTAL 6,503,127.47 2 Page 39 CITY OF RANCHO CUCAMONGA DATE: September 16, 2020 TO: President and Members of the Board of Directors FROM: John R. Gillison, City Manager INITIATED BY: Veronica Lopez, Accounts Payable Supervisor SUBJECT: Consideration to Approve Weekly Check Registers for Checks Issued to Southern California Gas Company in the Amount of $287.69 Dated August 24, 2020 Through September 07, 2020. 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 MISSION /VISION / GOAL(S) ADDRESSED: N/A ATTACHMENTS: Attachment 1 - Weekly Check Registers for Checks Issued to Southern California Gas Company Page 40 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT So Calif Gas Company Only. Agenda Check Register 8/24/2020 through 9/7/2020 Check No. Check Date Vendor Name Ca Fire Amount AP 00411912 08/26/2020 SO CALIF GAS COMPANY 4,964.55 287.69 5,252.24 *** AP 00412066 09/02/2020 SO CALIF GAS COMPANY 1,212.00 0.00 1,212.00 Total City: $6,176.55 Total Fire: $287.69 Grand Total: S6,46T.N Note: *** Check Number includes both City and Fire District expenditures User: VLOPEZ-VERONICA LOPEZ Page: 1 Current Date: 09/08/2020 Report:CK_AGENDA REG_PORTRAIT_CONSOLIDATED-CK:Agenda Check Register Portrait Layout Page 4lme: 08:03:33 Cls. 0i DATE: September 16, 2020 TO: President and Members of the Board of Directors FROM: John R. Gillison, City Manager INITIATED BY: Lori E. Sassoon, Deputy City Manager/Administrative Services Tamara L. Layne, Finance Director Sandra G. Ramirez, Department Manager SUBJECT: Consideration to Receive and File Current Investment Schedule as of August 31, 2020. RECOMMENDATION: Staff recommends that the President and Members of the Board of Directors receive and file the attached current investment schedule for the Rancho Cucamonga Fire Protection District as of August 31, 2020. BACKGROUND: The attached investment schedule as of August 31, 2020 reflects cash and investments managed by the Finance Department/Revenue Management Division and is in conformity with the requirements of California Government Code Section 53601 and the Rancho Cucamonga Fire Protection District's adopted Investment Policy as approved by the President and Members of the Board of Directors on June 25, 2020. ANALYSIS: The District's Treasurer is required to submit a quarterly investment report to the President and Members of the Board of Directors in accordance with California Government Code Section 53646. The quarterly investment report is required to be submitted within 30 days following the end of the quarter covered by the report. However, the District Treasurer has elected to provide this report on a monthly basis. FISCAL IMPACT: None COUNCIL GOAL(S) ADDRESSED: N/A ATTACHMENTS: Attachment 1 — Investment Schedule Page 42 M j It O o (D O -e L11 a o O W O O O N r LL (a g a U M O LLI O K D U was O a � oc E IL U j () co I- r,- M o O) N"O d N F'•7 r V (OD (OD }W O O O N >L a3 O O Lco C .T O U M U E O a) C031 CMD Cc:), COO w' r a) ui T a0+ N E N (U. > C C a) O_ y X w a) F c�D r oc Ln T O_(p O E Q N a) O N N L ° O C O M r co LO N D) M M N O c w (D O O � N N L6 E O N O N O X a c.N 0 3 O) O O loD O O U C C () a) }I m m W O O O O O-+' C (D N O O W) O C L N m m O O T C 4-3n V'4a Q) �D L17 y � O E o C G> E N ° aoi-5 C� C 7 p`6 v oo > o d m N M o m Sw C N c w U a .2 i 0 ai o LO C-i ao O (� fD 3 R co O U) 'IT ^^ co co O N O Oi w V V { N 1 - r o { LL N O N oD N U v = a)0 co U LL > O o) Q C N 0. U_ @ L O N m 0 (D N m m (n o v o 0 o rn = N _ R 3 O) O O O o o O O O co O (/�L U d R co o ui o 0 o C M O N a) > v m m o 0 o r (n O > E a N O Q) O O O O W O al -O 6.0 [t Cq O 0lLO a) t r- v (6 N m M O co O a O O n o co O U 0O E N > 0 au C — O Co 7 N a) N Q U U O N fD N N N � T N— W EV O CD CL N a3 0_ N O U a)v N a U O c co @ 'O LL m oUaO N- u O 0CDQU �No N Q 2 w c ) - 'O ornd m O .ON> aa CYN N N o T .w - O L O CDN ♦y.+ C N U � w = a3 O N a0 co O O U p L C U 70 C r R" N cq C71 p a) L } a) y@ N a3 C o G LA Y 12 Q N d > R 2' W R tm }, C M m E -0 a m aa) R > 0"o a) c >_ O U a U 0 � 0 a w —Q > � Page 43 21+2 'V 0 O o o N v v v o o W a 0 N N N N N N N N N N N N N N �.j ❑ Q O O o o 0 0 0 0 0 0 0 o O Ocu a' mO O u') I� W N m OD O CoLL (V d N M M N N N N O r O \ O Q p ' O O r r O 0 0 0 0 r 0 r r O LLI t� O�T N Cl) as m v oo Go O m v CO m I� co O O m m D N N O I O r( W a0 O M co O v r l as m Q) M M . �- N M f0 '? 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(O (o r r o 0 o o o O G N N N N a1 m m N N l6 N N N N N m co m m m N (6 N N N N N co N oo I I al aQaaaQQQQQI a a o a o 0 0 o O o o o o o o o O o o 'O a) N Lo Lo O O N o o O N v O M m N O a)R N N W (o N l0 'Q m I� O O r (D r !6 O o o O r r r r r r r N N r r N N a) U) o O o C. v v O O o o O N 0 o o w O O O O o 3 m m O O O O O O O O O O N O O O N o O O O o (o (o 0 0 o O l0 0 0 0 0 o N o 0 0 0 1: O o 0 0 co O O O o O O O O o O M 0 0 0 0 a0 O O O o Y v O O O m (o c O O O O M ct 0 C L0 O O O O c O N N an L0 o m O) o 0 0 0 o o) O O O a) a0 0 o O O 0 N N O O O o O m O O O m m O O O O m r ft O O Lc O L0 m O L0 O m o N L0 0 N N N N r N r r N N r A r v V r a h o O O O V a ao m h N 0 t0 m O N aD M O O m O1 0 0 O o O N (D L0 O I- OD O r O O O M M m co (o O O O L0 O m m m o 0 I- N M N r r oo 0o > CD (D O O O o o I� m v o v l0 O h o r v v e} I O c O (O (D N L0 O m O m M (D M (o L0 Iq m m (D N N L0 LO O m m LD N v o (D m h o O r co o o v v Y N N v v m r n O O O N No O O O O O O O h I• N N v C C Lc O o L 0 Lq L0 c O r L L() o rL 04 CM N N N N N N aD r Q = O d N a) LD to o o o v v o O o o o o o O o o 0 0 0 o 0 m m O o o O o o O o 0 0 o O O O o o O o 0 0 O N R (o <o 0 0 o u) w) o o o 0 o o 0 0 o o 0 o 0 o 0 co <o o O o O o o o o O o o o O o O o O o o o v It O O o cc cl o O o O O cL CL o O O o c cL 0 c (.� L r N N N o M o m m o o 0 0 0 0 0 0 o o O o O o o N N V' m h !� O O O O O o 0 0 0 o o O O o o C N M d n 11 N N O O L0 o L0 c 0 N l O O O L0 N n u) O G N N N N N N N N W a .0 L `0 �O Q LL a) 0 0 h (D O O o t• O m m 0 O m O N N N N N ^ (a O O o O O O O O O O O O O O U �y -❑ N N N N N N N N N N N N N N L i O O L0 LO 1'- OD N m M OD M O aD O N M M N N N N O O d a o 0 o r o 0 0 0 0 o r o r r a)a)) ar o n m o > o y 2 Z n o O LL O_ O o WO O > (D ❑ M O N O 06 O Q m LL aoD^ m ov O Y Y O Y m o Z o Z v a o y Y O Z Y Z U Z w) Ln W o Z z Z C7 a Z a U` a v r F t7 (Z F co m m F m N O r m m 0 � 0 F m F � F ❑ U LL Z z a Z a ❑ Z ❑ Z ❑ m > a a O O O O O m O W O W F m ? 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C H O N c 0 CI 0 L) y N C N C N n m n N O m D O O Q > > Cl) co = M v N °D co �+ m o a Q o w O m co p i QQ rn rn M 2 Y 7 J U) m (C6 OD oai a6 O o v IN c) N Q a C� C7 C7 W Q W C7 W W N i o U) 0 (� � � H r o o (o v co Cl) O Cl) V M (D O age 44 0 } d N V m (D M M M M M M M M O7 M ` N 0 U J y <J N Lo d m LL M M M M M M M M M M F- m fA v N LLJ d o Q LL a o - a 0 o a p 6 a � a � R N T 0 O O 2 d F Of N Q> 7 � R Qi > Qwf Y O o O m M fD Gl M 7 M m Cl) N Y N = � Q � � r N O C d 0 N m m 0 C N m C> C r m w M d M C - v i N a .� ast, 0 LL oQ o o yy vatL p 13� COL a a�cOi uMi = o R ¢m v co v �rS so d m `m m >N > N Q D _ A l0 O F _ d E N G/ C N O N O N O o0 cn Page 45 W 0_ q d � Q � M 0 2 a N a > K o O a 0- a cOi m o O (D O N h O O Qi N (D O O co O O Ln R O tD cl O O C m N O O co O O O N O1 O> O O Q1 N CD d (D cn (n O O V' It O O O O O O el' C R O O N N O O O O O O N O O O Lnm 0 0 0 to <O N a i O O V 't In 0 C C (O N h E O O V O O o o O N y s O O O O O 0 o O oLO O N04 o O p CD 0 0 0 0 0 O air_ o O p O o 0 0 0 0 o O O R c o c o 0 0 0 0 0 0 0 0 N r C o 0 0 *a = d CD G N V T 4 N d N 7 O �' Q H O O O (D O N N O C) O C OD �W 00 W W L_ Q N 0 0 0 0 0 LL N ~ O v O o Ln 0 0 0 A 00 O M rl_cq M O 4R V li y N (O n N � y m LL 7 Q O z a x � O ~ Q Y U uj u z z z z < (n (n (n H O N LL z z Q Q Q W J z Q LL O O E Lz R R O O R O O Q Q Q R m A R 0 o E z x x z z z c ° ° Q m 7 J q J q J q J q J 7 = 3 r `y W W W W Q N z 0) co T O W C J y LL LL LL LL LL O C O Y! C O O C C Y w C C E LL m j O CL O y a+ m O N V V W N C N > O V O N ` N N N M U w O E O Y Q O y N 00 H C C N > G1 N � d i o (� O U y y C N 01 O Q 0 = W N R rn O ' VQ mO o a. m o ovLO 0 W� m r c R C o } M (�6 mN i , Page 46 U J (n 0 d (n LL M M M M M I-- co c a) E U) a) c LO U M C LL Cp a) cD Q (0 U O J _V 'L O V O N N a O N Q i E r IL O CV) cv V _ '0 U) O � M EL O N m O co � a cu a- U C ' U C U) 0 ?' Z3 <'r) 0 N (6 N � CO O D Q a) fn a) U O C (p c \ Om o cc " U U c nLO O OU - U O C Q U N a U 7 n� L n a) LL Page 47 a a� d L O m N 6 T , v`! ^O V rn } a L , i �+ ch Q r a C O a' o m y a� 4-1 � O " O (1) n1 c" o L i M NLO N Q C T C � ' E O Q m 0 a L6 N O T w C� a m a IZ- 'o 0 c 0 U? 2 i co co LO O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O w (D to co N — y C1 y w V � 0 w o ° Z Page 48 CITY OF RANCHO CUCAMONGA DATE: September 16, 2020 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Veronica Lopez, Accounts Payable Supervisor SUBJECT: Consideration to Approve Bi-Weekly Payroll in the Amount of $992,639.90 and Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Amount of $2,289,273.41 Dated August 24, 2020 Through September 07, 2020 and Electronic Debit Register for the Month of August in the Amount of$5,168,989.69. 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 MISSION /VISION / GOAL(S) ADDRESSED: N/A ATTACHMENTS: Attachment 1- Weekly Check Registers Attachment 2 - Electronic Debit Register Page 49 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 8/24/2020 through 9/7/2020 Check No. Check Date Vendor Name Ca Fire Amount AP 00011160 08/24/2020 AHUMADA,ALEXANDER R 0.00 630.56 630.56 AP 00011161 08/24/2020 ALMAND,LLOYD 0.00 630.56 630.56 AP 00011162 08/24/2020 BANTAU,VICTORIA 0.00 539.86 539.86 AP 00011163 08/24/2020 BAZAL,SUSAN 0.00 743.03 743.03 AP 00011164 08/24/2020 BELL,MICHAEL L 0.00 1,723.24 1,723.24 AP 00011165 08/24/2020 BERRY,DAVID 0.00 864.82 864.82 AP 00011166 08/24/2020 BROCK,ROBIN 0.00 1,176.90 1,176.90 AP 00011167 08/24/2020 CAMPBELL,GERALD 0.00 864.82 864.82 AP 00011168 08/24/2020 CAMPBELL,STEVEN 0.00 1,189.23 1,189.23 AP 00011169 08/24/2020 CARNES,KENNETH 0.00 539.86 539.86 AP 00011170 08/24/2020 CLABBY,RICHARD 0.00 1,189.78 1,189.78 AP 00011171 08/24/2020 CLOUGHESY,DONALD R 0.00 2,281.91 2,281.91 AP 00011172 08/24/2020 CORCORAN,ROBERT ANTHONY 0.00 792.12 792.12 AP 00011173 08/24/2020 COSTELLO,DENNIS M 0.00 2,281.91 2,281.91 AP 00011174 08/24/2020 COX,KARL 0.00 630.56 630.56 AP 00011175 08/24/2020 CRANE,RALPH 0.00 630.56 630.56 AP 00011176 08/24/2020 CROSSLAND,WILBUR 0.00 539.86 539.86 AP 00011177 08/24/2020 CURATALO,JAMES 0.00 1,176.90 1,176.90 AP 00011178 08/24/2020 DAGUE,JAMES 0.00 1,127.81 1,127.81 AP 00011179 08/24/2020 DE ANTONIO,SUSAN 0.00 792.12 792.12 AP 00011180 08/24/2020 DEANS,JACKIE 0.00 245.78 245.78 AP 00011181 08/24/2020 DOMINICK,SAMUEL A. 0.00 1,176.90 1,176.90 AP 00011182 08/24/2020 EAGLESON,MICHAEL 0.00 1,723.24 1,723.24 AP 00011183 08/24/2020 EGGERS,BOB 0.00 1,735.57 1,735.57 AP 00011184 08/24/2020 FEJERAN,TIM 0.00 1,588.41 1,588.41 AP 00011185 08/24/2020 FRITCHEY,JOHN D. 0.00 539.86 539.86 AP 00011186 08/24/2020 HEYDE,DONALD 0.00 630.56 630.56 AP 00011187 08/24/2020 INTERLICCHIA,ROSALYN 0.00 245.78 245.78 AP 00011188 08/24/2020 JERKINS,PATRICK 0.00 1,588.41 1,588.41 AP 00011189 08/24/2020 KILMER,STEPHEN 0.00 1,189.78 1,189.78 AP 00011190 08/24/2020 LANE,WILLIAM 0.00 630.56 630.56 AP 00011191 08/24/2020 LARKIN,DAVID W 0.00 1,588.41 1,588.41 AP 00011192 08/24/2020 LEE,ALLAN J. 0.00 1,306.95 1,306.95 AP 00011193 08/24/2020 LENZE,PAUL E 0.00 1,487.34 1,487.34 AP 00011194 08/24/2020 LONCAR,PHILIP 0.00 1,189.78 1,189.78 AP 00011195 08/24/2020 LONGO,JOE 0.00 200.43 200.43 AP 00011196 08/24/2020 LUTTRULL,DARRELL 0.00 539.86 539.86 AP 00011197 08/24/2020 MACKALL,BEVERLY 0.00 200.43 200.43 AP 00011198 08/24/2020 MAYFIELD,RON 0.00 630.56 630.56 AP 00011199 08/24/2020 MCKEE,JOHN 0.00 630.56 630.56 AP 00011200 08/24/2020 MCNEIL,KENNETH 0.00 630.56 630.56 AP 00011201 08/24/2020 MICHAEL,L.DENNIS 0.00 1,176.90 1,176.90 AP 00011202 08/24/2020 MORGAN,BYRON 0.00 1,792.73 1,792.73 AP 00011203 08/24/2020 MYSKOW,DENNIS 0.00 1,189.78 1,189.78 AP 00011204 08/24/2020 NAUMAN,MICHAEL 0.00 539.86 539.86 AP 00011205 08/24/2020 NEE,RON 0.00 743.03 743.03 AP 00011206 08/24/2020 NELSON,MARY JANE 0.00 200.43 200.43 User: VLOPEZ-VERONICA LOPEZ Page: 1 Current Date: 09/08/2020 Report:CK_AGENDA REG_PORTRAIT_CONSOLIDATED-CK:Agenda Check Register Portrait Layout Page%ne: 07:45:18 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 8/24/2020 through 9/7/2020 Check No. Check Date Vendor Name Ca Fire Amount AP 00011207 08/24/2020 O'BRIEN,TOM 0.00 1,281.58 1,281.58 AP 00011208 08/24/2020 PLOUNG,MICHAEL J 0.00 563.78 563.78 AP 00011209 08/24/2020 POST,MICHAEL R 0.00 1,280.32 1,280.32 AP 00011210 08/24/2020 PROULX,PATRICK 0.00 1,723.24 1,723.24 AP 00011211 08/24/2020 REDMOND,MIKE 0.00 630.56 630.56 AP 00011212 08/24/2020 ROBERTS,BRENT 0.00 792.12 792.12 AP 00011213 08/24/2020 ROBERTS,CHERYL L 0.00 2,281.91 2,281.91 AP 00011214 08/24/2020 ROEDER,JEFF 0.00 1,723.24 1,723.24 AP 00011215 08/24/2020 SALISBURY,THOMAS 0.00 630.56 630.56 AP 00011216 08/24/2020 SMITH,RONALD 0.00 539.86 539.86 AP 00011217 08/24/2020 SORENSEN,SCOTT D 0.00 1,625.06 1,625.06 AP 00011218 08/24/2020 SPAGNOLO,SAM 0.00 539.86 539.86 AP 00011219 08/24/2020 SPAIN,WILLIAM 0.00 864.82 864.82 AP 00011220 08/24/2020 SULLIVAN,JAMES 0.00 539.86 539.86 AP 00011221 08/24/2020 TAYLOR,STEVEN 0.00 1,975.24 1,975.24 AP 00011222 08/24/2020 TULEY,TERRY 0.00 1,723.24 1,723.24 AP 00011223 08/24/2020 VANDERKALLEN,FRANCIS 0.00 630.56 630.56 AP 00011224 08/24/2020 VARNEY,ANTHONY 0.00 1,176.90 1,176.90 AP 00011225 08/24/2020 WALTON,KEVIN 0.00 1,588.41 1,588.41 AP 00011226 08/24/2020 YOWELL,TIMOTHY A 0.00 630.56 630.56 AP 00011227 08/26/2020 CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA 23,435.88 0.00 23,435.88 AP 00011228 08/26/2020 RCCEA 1,822.75 0.00 1,822.75 AP 00011229 08/26/2020 RCPFA 12,449.29 0.00 12,449.29 AP 00011230 08/26/2020 RICHARDS WATSON AND GERSHON 37,031.47 11,889.78 48,921.25 *** AP 00011231 08/26/2020 CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT 6,000.00 0.00 6,000.00 AP 00011232 08/26/2020 ELECNOR BELCO ELECTRIC INC 21,917.08 0.00 21,917.08 AP 00011233 08/27/2020 OFFICE DEPOT 243.67 0.00 243.67 AP 00011234 08/27/2020 AIRGAS USA LLC 287.16 359.00 646.16 *** AP 00011235 08/27/2020 BIBLIOTHECA LLC 9,971.87 0.00 9,971.87 AP 00011236 08/27/2020 CARQUEST AUTO PARTS 45.14 0.00 45.14 AP 00011237 08/27/2020 DEMCOINC 505.28 0.00 505.28 AP 00011238 08/27/2020 DUNN EDWARDS CORPORATION 142.56 0.00 142.56 AP 00011239 08/27/2020 EMCOR SERVICES 0.00 3,085.13 3,085.13 AP 00011240 08/27/2020 MINUTEMAN PRESS 1,219.46 0.00 1,219.46 AP 00011241 08/27/2020 OFFICE DEPOT 514.28 0.00 514.28 AP 00011242 08/27/2020 THOMSON REUTERS WEST PUBLISHING CORP 331.00 0.00 331.00 AP 00011243 09/02/2020 GEOGRAPHICS 476.26 0.00 476.26 AP 00411805 08/24/2020 KIRKPATRICK,WILLIAM 0.00 1,666.26 1,666.26 AP 00411806 08/24/2020 RODRIGUEZ,VICTOR 0.00 630.56 630.56 AP 00411807 08/24/2020 TOWNSEND,JAMES 0.00 2,281.91 2,281.91 AP 00411808 08/24/2020 WALKER,KENNETH 0.00 245.78 245.78 AP 00411809 08/26/2020 AFLAC GROUP INSURANCE 24.58 0.00 24.58 AP 00411810 08/26/2020 ALLSTAR FIRE EQUIPMENT INC 0.00 1,255.53 1,255.53 AP 00411811 08/26/2020 ALTA VISTA MOBILE HOME PARK 397.59 0.00 397.59 AP 00411812 08/26/2020 AM-TEC TOTAL SECURITY INC 14,748.55 0.00 14,748.55 AP 00411813 08/26/2020 AMERICAN PUBLIC WORKS ASSOCIATION 700.00 0.00 700.00 AP 00411814 08/26/2020 AMTECH ELEVATOR SERVICES 504.90 0.00 504.90 User: VLOPEZ-VERONICA LOPEZ Page: 2 Current Date: 09/08/2020 Report:CK_AGENDA REG_PORTRAIT_CONSOLIDATED-CK:Agenda Check Register Portrait Layout Page Hine: 07:45:18 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 8/24/2020 through 9/7/2020 Check No. Check Date Vendor Name Ca Fire Amount AP 00411815 08/26/2020 AUTOLIFT SERVICES INC 0.00 874.29 874.29 AP 00411816 08/26/2020 AVILA,SUZANNE 20.00 0.00 20.00 AP 00411817 08/26/2020 BARBARA'S ANSWERING SERVICE 1,104.00 0.00 1,104.00 AP 00411818 08/26/2020 BASELINE ANIMAL HOSPITAL 100.00 0.00 100.00 AP 00411819 08/26/2020 BILL&WAGS INC 281.25 0.00 281.25 AP 00411820 08/26/2020 BLEAU,DANIELLE 103.00 0.00 103.00 AP 00411821 08/26/2020 BORSARI,THOMAS 20.00 0.00 20.00 AP 00411822 08/26/2020 BRIGHTVIEW LANDSCAPE SERVICES INC 1,250.44 0.00 1,250.44 AP 00411823 08/26/2020 C V W D 2,107.46 0.00 2,107.46 AP 00411824 08/26/2020 C V W D 322.10 0.00 322.10 AP 00411830 08/26/2020 C V W D 182,500.53 1,479.20 183,979.73 *** AP 00411831 08/26/2020 CA LLC-ALTA LAGUNA MHP 500.00 0.00 500.00 AP 00411832 08/26/2020 CAL PERS LONG-TERM CARE PROGRAM 164.48 0.00 164.48 AP 00411833 08/26/2020 CALANIMALS 150.00 0.00 150.00 AP 00411834 08/26/2020 CALIFORNIA,STATE OF 314.11 0.00 314.11 AP 00411835 08/26/2020 CALIFORNIA,STATE OF 127.52 0.00 127.52 AP 00411836 08/26/2020 CALIFORNIA,STATE OF 342.73 0.00 342.73 AP 00411837 08/26/2020 CASA VOLANTE MOBILE HOME PARK 700.00 0.00 700.00 AP 00411838 08/26/2020 CCS ORANGE COUNTY JANITORIAL INC 121,820.00 0.00 121,820.00 AP 00411839 08/26/2020 CHAPARRAL HEIGHTS MOBILE HOME PARK 474.35 0.00 474.35 AP 00411840 08/26/2020 CINTAS CORPORATION #150 2,328.98 360.42 2,689.40 *** AP 00411841 08/26/2020 COMMERCIAL ROOFING SYSTEMS INC 132,895.50 0.00 132,895.50 AP 00411842 08/26/2020 CONCEPT POWDER COATING 510.00 0.00 510.00 AP 00411843 08/26/2020 CONOR CONSULTING LLC 225.00 0.00 225.00 AP 00411844 08/26/2020 COVETRUS NORTH AMERICA 57.77 0.00 57.77 AP 00411845 08/26/2020 CRIME SCENE STERI-CLEAN LLC 540.00 0.00 540.00 AP 00411846 08/26/2020 D&K CONCRETE COMPANY 2,469.65 0.00 2,469.65 AP 00411847 08/26/2020 DELL MARKETING LP 3,506.67 0.00 3,506.67 AP 00411848 08/26/2020 DELMAR GROUP INC 5,000.00 0.00 5,000.00 AP 00411849 08/26/2020 DEPARTMENT OF JUSTICE 0.00 49.00 49.00 AP 00411850 08/26/2020 DEPARTMENT OF JUSTICE 247.00 0.00 247.00 AP 00411851 08/26/2020 EDDY,MATTHEW W 0.00 150.00 150.00 AP 00411852 08/26/2020 ENVIRONMENTAL&LUBRICATION SOLUTIONS INC 0.00 15,710.83 15,710.83 AP 00411853 08/26/2020 FACTORY MOTOR PARTS 0.00 721.62 721.62 AP 00411854 08/26/2020 FAIRVIEW FORD INC 3,506.21 0.00 3,506.21 AP 00411855 08/26/2020 FEDERAL EXPRESS CORP 19.16 0.00 19.16 AP 00411856 08/26/2020 FEDERAL EXPRESS CORP 99.80 0.00 99.80 AP 00411858 08/26/2020 FRONTIER COMM 2,640.95 743.31 3,384.26 *** AP 00411859 08/26/2020 FRONTIER COMM 3,339.54 0.00 3,339.54 AP 00411860 08/26/2020 G&M BUSINESS INTERIORS 155.81 0.00 155.81 AP 00411861 08/26/2020 GATEWAY PET CEMETERY&CREMATORY 440.00 0.00 440.00 AP 00411862 08/26/2020 GLORIA,NORALYN 90.00 0.00 90.00 AP 00411863 08/26/2020 GOGOV APPS INC 11,856.00 0.00 11,856.00 AP 00411864 08/26/2020 GOLDEN STATE RISK MANAGEMENT AUTHORITY 88,235.00 1,114.00 89,349.00 *** AP 00411865 08/26/2020 GRAINGER 400.70 131.80 532.50 *** AP 00411866 08/26/2020 GROVE LUMBER 350.48 0.00 350.48 AP 00411867 08/26/2020 GROVES ON FOOTHILL,THE 200.00 0.00 200.00 User: VLOPEZ-VERONICA LOPEZ Page: 3 Current Date: 09/08/2020 Report:CK_AGENDA REG_PORTRAIT_CONSOLIDATED-CK:Agenda Check Register Portrait Layout Page dine: 07:45:18 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 8/24/2020 through 9/7/2020 Check No. Check Date Vendor Name Ca Fire Amount AP 00411868 08/26/2020 HANSEN,BARBARA 722.16 0.00 722.16 AP 00411869 08/26/2020 HEARTSAVERS LLC 330.00 0.00 330.00 AP 00411870 08/26/2020 HILLS PET NUTRITION SALES INC 1,243.27 0.00 1,243.27 AP 00411871 08/26/2020 HOMETOWN AMERICA RAMONA VILLA 500.00 0.00 500.00 AP 00411872 08/26/2020 HOYT LUMBER CO,S M 0.00 14.14 14.14 AP 00411873 08/26/2020 HUNTINGTON HARDWARE CO INC 386.40 0.00 386.40 AP 00411874 08/26/2020 IDEXX DISTRIBUTION INC 892.17 0.00 892.17 AP 00411875 08/26/2020 INLAND DESERT SECURITY&COMMUNICATIONS INC 54.00 0.00 54.00 AP 00411876 08/26/2020 INLAND PRESORT&MAILING SERVICES 200.01 0.00 200.01 AP 00411877 08/26/2020 INTERSTATE BATTERIES 847.34 0.00 847.34 AP 00411878 08/26/2020 INYO NETWORKS 6,394.50 0.00 6,394.50 AP 00411879 08/26/2020 JESSEN,CLIFFORD LEROY 800.00 0.00 800.00 AP 00411880 08/26/2020 KWONG,ARON 1,000.50 0.00 1,000.50 AP 00411881 08/26/2020 LEVERAGE INFORMATION SYSTEMS INC 53,363.99 0.00 53,363.99 AP 00411882 08/26/2020 LOURY'S CUSTOM POOL INC 206.93 0.00 206.93 AP 00411883 08/26/2020 LOZANO SMITH LLP 15,628.25 0.00 15,628.25 AP 00411884 08/26/2020 LYN,FRED 27.00 0.00 27.00 AP 00411885 08/26/2020 MAPLE LANE GROUP LLC 5,000.00 0.00 5,000.00 AP 00411886 08/26/2020 MARIPOSA LANDSCAPES INC 83,920.73 2,643.17 86,563.90 *** AP 00411887 08/26/2020 MARK CHRISTOPHER INC 150.13 0.00 150.13 AP 00411888 08/26/2020 MARY S ROBERTS SPAY/NEUTER CLINIC 25.00 0.00 25.00 AP 00411889 08/26/2020 MCI 34.88 0.00 34.88 AP 00411890 08/26/2020 MCMASTER-CARR SUPPLY COMPANY 368.06 0.00 368.06 AP 00411891 08/26/2020 MCMURRAY,ASHLEY 795.08 0.00 795.08 AP 00411892 08/26/2020 MEDIWASTE DISPOSAL 40.00 0.00 40.00 AP 00411893 08/26/2020 MOUNTAIN VIEW SMALL ENG REPAIR 15.00 0.00 15.00 AP 00411894 08/26/2020 NAPA AUTO PARTS 54.86 554.25 609.11 *** AP 00411895 08/26/2020 NYX PROFESSIONAL MAKEUP 139.38 0.00 139.38 AP 00411896 08/26/2020 ONTRAC 289.29 0.00 289.29 AP 00411897 08/26/2020 ONWARD ENGINEERING 11,000.00 0.00 11,000.00 AP 00411898 08/26/2020 PANORAMA DEVELOPMENT INC. 5,000.00 0.00 5,000.00 AP 00411899 08/26/2020 PH&S PRODUCTS LLC 0.00 3,593.75 3,593.75 AP 00411900 08/26/2020 PINES MOBILE HOME PARK,THE 200.00 0.00 200.00 AP 00411901 08/26/2020 POWER&TELEPHONE SUPPLY COMPANY 6,872.57 0.00 6,872.57 AP 00411902 08/26/2020 PRE-PAID LEGAL SERVICES INC 60.17 0.00 60.17 AP 00411903 08/26/2020 R AND R AUTOMOTIVE 3,428.94 0.00 3,428.94 AP 00411904 08/26/2020 RACKED AND READY STEEL AND ALUMINUM 798.21 0.00 798.21 AP 00411905 08/26/2020 RAGAN COMMUNICATIONS INC 34.99 0.00 34.99 AP 00411906 08/26/2020 RANCHO CUCAMONGA TOWN SQUARE 11,374.44 0.00 11,374.44 AP 00411907 08/26/2020 RANCHO SMOG CENTER 119.85 0.00 119.85 AP 00411908 08/26/2020 RBM LOCK AND KEY SERVICE 694.92 0.00 694.92 AP 00411909 08/26/2020 SBPEA 2,431.51 0.00 2,431.51 AP 00411910 08/26/2020 SHERIFFS COURT SERVICES 100.00 0.00 100.00 AP 00411911 08/26/2020 SIGN SHOP,THE 136.30 0.00 136.30 AP 00411919 08/26/2020 SOUTHERN CALIFORNIA EDISON 10,815.68 4,026.19 14,841.87 *** AP 00411920 08/26/2020 SOUTHERN CALIFORNIA EDISON 2,556.57 0.00 2,556.57 AP 00411921 08/26/2020 SOUTHERN CALIFORNIA PATIOS 252.68 0.00 252.68 User: VLOPEZ-VERONICA LOPEZ Page: 4 Current Date: 09/08/2020 Report:CK_AGENDA REG_PORTRAIT_CONSOLIDATED-CK:Agenda Check Register Portrait Layout Page%ne: 07:45:18 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 8/24/2020 through 9/7/2020 Check No. Check Date Vendor Name Ca Fire Amount AP 00411922 08/26/2020 STERLING COFFEE SERVICE 0.00 317.49 317.49 AP 00411923 08/26/2020 STOR'EM SELF STORAGE 1,150.00 0.00 1,150.00 AP 00411924 08/26/2020 SUNSATIONS LUGGAGE 500.00 0.00 500.00 AP 00411925 08/26/2020 SYCAMORE VILLA MOBILE HOME PARK 400.00 0.00 400.00 AP 00411926 08/26/2020 T S R CONSTRUCTION&INSPECTION 52,362.10 0.00 52,362.10 AP 00411927 08/26/2020 THE COUNSELING TEAM INTERNATIONAL 0.00 900.00 900.00 AP 00411928 08/26/2020 TORO TOWING 370.00 0.00 370.00 AP 00411929 08/26/2020 TREETOWN USA VILLAGE NURSERIES AND HINES 689.61 0.00 689.61 AP 00411930 08/26/2020 TURI,MICAHEL 5,000.00 0.00 5,000.00 AP 00411931 08/26/2020 UNITED SITE SERVICES OF CA INC 301.45 0.00 301.45 AP 00411932 08/26/2020 UNITED WAY 50.00 0.00 50.00 AP 00411933 08/26/2020 UPLAND ANIMAL HOSPITAL 1,176.06 0.00 1,176.06 AP 00411934 08/26/2020 UPS 289.10 0.00 289.10 AP 00411935 08/26/2020 VAST NATIONAL INC 6,104.16 0.00 6,104.16 AP 00411936 08/26/2020 VELOCITY TRUCK CENTERS 71.10 0.00 71.10 AP 00411941 08/26/2020 VERIZON WIRELESS-LA 6,160.95 0.00 6,160.95 AP 00411942 08/26/2020 VERIZON WIRELESS-LA 86.11 0.00 86.11 AP 00411943 08/26/2020 VETERINARY ANESTHESIA SUPPORT 1,162.51 0.00 1,162.51 AP 00411944 08/26/2020 VICTOR MEDICAL COMPANY 1,862.33 0.00 1,862.33 AP 00411945 08/26/2020 VIRGIN PULSE INC 1,082.40 0.00 1,082.40 AP 00411946 08/26/2020 VORTEX INDUSTRIES INC 400.00 0.00 400.00 AP 00411947 08/26/2020 WALTERS WHOLESALE ELECTRIC CO 308.73 0.00 308.73 AP 00411948 08/26/2020 WAXIE SANITARY SUPPLY 2,566.81 0.00 2,566.81 AP 00411949 08/26/2020 WELDAY,JASON 2,300.00 0.00 2,300.00 AP 00411950 08/26/2020 WEST COAST ARBORISTS INC 44,864.00 0.00 44,864.00 AP 00411951 08/26/2020 WILSON,AMY 20.00 0.00 20.00 AP 00411952 08/26/2020 ZOETIS US LLC 695.62 0.00 695.62 AP 00411953 08/26/2020 ANTECH DIAGNOSTICS 1,551.00 0.00 1,551.00 AP 00411954 08/26/2020 ARCHIBALD PET HOSPITAL 25.00 0.00 25.00 AP 00411955 08/26/2020 BAKER&TAYLOR LLC 1,067.00 0.00 1,067.00 AP 00411956 08/26/2020 BARBARA'S ANSWERING SERVICE 1,104.00 0.00 1,104.00 AP 00411957 08/26/2020 BILL&WAGS INC 330.00 0.00 330.00 AP 00411958 08/26/2020 BRIDGE DEVELOPMENT PARTNERS LLC 14,519.00 0.00 14,519.00 AP 00411959 08/26/2020 BUSTAMANTE,DENALONOR 455.54 0.00 455.54 AP 00411960 08/26/2020 CALIFA GROUP 12,358.53 0.00 12,358.53 AP 00411961 08/26/2020 CASTRO,JONATHAN 391.99 0.00 391.99 AP 00411962 08/26/2020 CROSBY,SHAWN 425.00 0.00 425.00 AP 00411963 08/26/2020 EMPLOYMENT DEVELOPMENT DEPT 168,384.00 0.00 168,384.00 AP 00411964 08/26/2020 FOOTHILL FAMILY SHELTER 1,250.00 0.00 1,250.00 AP 00411965 08/26/2020 FOOTHILL FAMILY SHELTER 1,250.00 0.00 1,250.00 AP 00411966 08/26/2020 FORTIN LAW GROUP 4,335.25 0.00 4,335.25 AP 00411967 08/26/2020 GATEWAY PET CEMETERY&CREMATORY 977.00 0.00 977.00 AP 00411968 08/26/2020 HEARTSAVERS LLC 44.00 0.00 44.00 AP 00411969 08/26/2020 HEATH,AMY 802.52 0.00 802.52 AP 00411970 08/26/2020 HOUSE OF RUTH INC 2,620.00 0.00 2,620.00 AP 00411971 08/26/2020 HUMANE SOCIETY OF SAN BERNARDINO VALLEY 50.00 0.00 50.00 AP 00411972 08/26/2020 INDEPENDENT ROOFING CONSULTANTS 4,250.00 0.00 4,250.00 User: VLOPEZ-VERONICA LOPEZ Page: 5 Current Date: 09/08/2020 Report:CK_AGENDA REG_PORTRAIT_CONSOLIDATED-CK:Agenda Check Register Portrait Layout Page Wine: 07:45:18 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 8/24/2020 through 9/7/2020 Check No. Check Date Vendor Name Ca Fire Amount AP 00411973 08/26/2020 INLAND FAIR HOUSING MEDIATION BOARD 1,640.00 0.00 1,640.00 AP 00411974 08/26/2020 INLAND VALLEY COUNCIL OF CHURCHES 7,428.00 0.00 7,428.00 AP 00411975 08/26/2020 JACOBY IE INC,ERIC 236.48 0.00 236.48 AP 00411976 08/26/2020 JCA ENGINEERING INC 12,520.00 0.00 12,520.00 AP 00411977 08/26/2020 LEISURE COACHWORKS 35,935.98 0.00 35,935.98 AP 00411978 08/26/2020 MEDIWASTE DISPOSAL 40.00 0.00 40.00 AP 00411979 08/26/2020 MORALES,RICARDO 131.60 0.00 131.60 AP 00411980 08/26/2020 MOUNTAIN VIEW SMALL ENG REPAIR 420.21 0.00 420.21 AP 00411981 08/26/2020 NINYO&MOORE 0.00 3,743.00 3,743.00 AP 00411982 08/26/2020 OCCUPATIONAL HEALTH CTRS OF CA 0.00 622.50 622.50 AP 00411983 08/26/2020 ORKIN PEST CONTROL 65.00 0.00 65.00 AP 00411984 08/26/2020 PALACIOS,JENNIFER 55.81 0.00 55.81 AP 00411985 08/26/2020 RAYGOZA,NORMA 80.00 0.00 80.00 AP 00411986 08/26/2020 REACH MEDIA NETWORK 7,005.00 0.00 7,005.00 AP 00411987 08/26/2020 SOWLES,JULIE 1,694.42 0.00 1,694.42 AP 00411988 08/26/2020 STILES ANIMAL REMOVAL INC 600.00 0.00 600.00 AP 00411989 08/26/2020 UPLAND ANIMAL HOSPITAL 128.90 0.00 128.90 AP 00411990 08/26/2020 URBAN3 9,496.00 0.00 9,496.00 AP 00411991 08/26/2020 WAXIE SANITARY SUPPLY 2,258.54 0.00 2,258.54 AP 00411992 09/02/2020 ABLE BUILDING MAINTENANCE 347.35 0.00 347.35 AP 00411993 09/02/2020 ALL AMERICAN ASPHALT 154,366.16 0.00 154,366.16 AP 00411994 09/02/2020 ALL WELDING 410.00 0.00 410.00 AP 00411995 09/02/2020 AUERBACH POLLOCK FRIEDLANDER 1,760.00 0.00 1,760.00 AP 00411996 09/02/2020 AUFBAU CORPORATION 20,361.00 0.00 20,361.00 AP 00411997 09/02/2020 AUFBAU CORPORATION 10,846.00 0.00 10,846.00 AP 00411998 09/02/2020 BAKER&TAYLOR LLC 1,952.40 0.00 1,952.40 AP 00411999 09/02/2020 BASTIAN,DAVID 0.00 270.00 270.00 AP 00412000 09/02/2020 BUREAU VERITAS NORTH AMERICA INC 1,915.22 0.00 1,915.22 AP 00412001 09/02/2020 C P CONSTRUCTION INC 61,275.00 0.00 61,275.00 AP 00412002 09/02/2020 C V W D 895.85 0.00 895.85 AP 00412004 09/02/2020 C V W D 31,859.11 84.58 31,943.69 *** AP 00412005 09/02/2020 CACEO 250.00 0.00 250.00 AP 00412006 09/02/2020 CINTAS CORPORATION #150 1,159.61 520.09 1,679.70 *** AP 00412007 09/02/2020 COLDWELL BANKER RESIDENTIAL 43.45 0.00 43.45 AP 00412008 09/02/2020 COMMERCIAL TRANSPORTATION SVCS INC 11,206.00 0.00 11,206.00 AP 00412009 09/02/2020 CROWN CASTLE 180.00 0.00 180.00 AP 00412010 09/02/2020 CUMMINS SALES&SERVICE 0.00 770.00 770.00 AP 00412011 09/02/2020 D&K CONCRETE COMPANY 1,548.38 0.00 1,548.38 AP 00412012 09/02/2020 DANIELS TIRE SERVICE 0.00 4,088.80 4,088.80 AP 00412013 09/02/2020 DATA TICKET INC 4,489.35 0.00 4,489.35 AP 00412014 09/02/2020 DEPARTMENT OF TRANSPORTATION 13,230.30 0.00 13,230.30 AP 00412015 09/02/2020 ELITE CUSTOMS CONSTRUCTION 2,575.00 0.00 2,575.00 AP 00412016 09/02/2020 ERICKSON-HALL CONSTRUCTION CO 0.00 78,491.25 78,491.25 AP 00412017 09/02/2020 EVOLUTION FRESH INC 26,726.85 0.00 26,726.85 AP 00412018 09/02/2020 EXPRESS BRAKE SUPPLY INC 644.57 0.00 644.57 AP 00412019 09/02/2020 FACTORY MOTOR PARTS 0.00 2,582.15 2,582.15 AP 00412020 09/02/2020 FAILSAFE TESTING LLC 0.00 470.00 470.00 User: VLOPEZ-VERONICA LOPEZ Page: 6 Current Date: 09/08/2020 Report:CK_AGENDA REG_PORTRAIT_CONSOLIDATED-CK:Agenda Check Register Portrait Layout Page%me: 07:45:18 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 8/24/2020 through 9/7/2020 Check No. Check Date Vendor Name Ca Fire Amount AP 00412021 09/02/2020 FAIRVIEW FORD INC 546.31 0.00 546.31 AP 00412022 09/02/2020 FLEETPRIDE 0.00 995.08 995.08 AP 00412023 09/02/2020 FRASURE,MICHAEL 39.31 0.00 39.31 AP 00412024 09/02/2020 G&M BUSINESS INTERIORS 0.00 48.12 48.12 AP 00412025 09/02/2020 GEOGRAPHIC TECHNOLOGIES GROUP INC 4,200.00 0.00 4,200.00 AP 00412026 09/02/2020 GLOBALSTAR USA 154.63 0.00 154.63 AP 00412027 09/02/2020 GRAINGER 350.20 0.00 350.20 AP 00412028 09/02/2020 HADDAD,BRANDEN 150.00 0.00 150.00 AP 00412029 09/02/2020 HAULAWAY STORAGE CONTAINERS INC 239.68 0.00 239.68 AP 00412030 09/02/2020 HENRY SCHEIN INC 0.00 1,174.54 1,174.54 AP 00412031 09/02/2020 HOLLOWAY,WILLIAM 268.81 0.00 268.81 AP 00412032 09/02/2020 HOSE HEAVEN 127.49 0.00 127.49 AP 00412033 09/02/2020 HOYT LUMBER CO,S M 0.00 52.98 52.98 AP 00412034 09/02/2020 HUNTINGTON HARDWARE CO INC 251.17 0.00 251.17 AP 00412035 09/02/2020 IMAGO TRAILER MANUFACTURING 135.77 0.00 135.77 AP 00412036 09/02/2020 INDEPENDENT ROOFING CONSULTANTS 1,250.00 0.00 1,250.00 AP 00412037 09/02/2020 INTERWEST CONSULTING GROUP INC 0.00 693.75 693.75 AP 00412038 09/02/2020 KAISER FOUNDATION HEALTH PLAN INC 235,613.11 0.00 235,613.11 AP 00412039 09/02/2020 LANDSCAPE WEST MANAGEMENT SERVICES INC 47,031.91 0.00 47,031.91 AP 00412040 09/02/2020 LIEBERT CASSIDY WHITMORE 12,756.00 2,035.00 14,791.00 *** AP 00412041 09/02/2020 MARIPOSA LANDSCAPES INC 44,207.69 0.00 44,207.69 AP 00412042 09/02/2020 MCMASTER-CARR SUPPLY COMPANY 159.31 0.00 159.31 AP 00412043 09/02/2020 MG PETROLEUM INC 713.00 0.00 713.00 AP 00412044 09/02/2020 MOUNTAIN VIEW SMALL ENG REPAIR 66.69 0.00 66.69 AP 00412045 09/02/2020 NAFA FLEET MANAGEMENT ASSOCIATION 499.00 0.00 499.00 AP 00412046 09/02/2020 NAPA AUTO PARTS 53.64 524.27 577.91 *** AP 00412047 09/02/2020 OCTAVIO CHAVEZ AND LAW OFFICES OF 50,000.00 0.00 50,000.00 AP 00412048 09/02/2020 PACIFIC PRODUCTIONS 1,375.00 0.00 1,375.00 AP 00412049 09/02/2020 PINNACLE PETROLEUM INC 40,782.34 0.00 40,782.34 AP 00412050 09/02/2020 PRISTINE UNIFORMS LLC 0.00 190.69 190.69 AP 00412051 09/02/2020 QUADIENT INC 540.53 0.00 540.53 AP 00412052 09/02/2020 RANCHO CUCAMONGA CHAMBER OF COMMERCE 3,333.34 0.00 3,333.34 AP 00412053 09/02/2020 RANCHO SMOG CENTER 39.95 0.00 39.95 AP 00412054 09/02/2020 RIGEL PRODUCTS AND SERVICE 344.80 0.00 344.80 AP 00412055 09/02/2020 ROTARY CORPORATION 328.94 0.00 328.94 AP 00412056 09/02/2020 SAITECH INC 46,224.00 0.00 46,224.00 AP 00412057 09/02/2020 SAN ANTONIO REGIONAL HOSPITAL 0.00 60.00 60.00 AP 00412058 09/02/2020 SAN BERNARDINO COUNTY 0.00 12,210.95 12,210.95 AP 00412059 09/02/2020 SAN BERNARDINO COUNTY 80.95 0.00 80.95 AP 00412060 09/02/2020 SAN BERNARDINO CTY FIRE PROTECTION DIST 0.00 5,687.00 5,687.00 AP 00412061 09/02/2020 SCL 0.00 2,319.19 2,319.19 AP 00412062 09/02/2020 SHOETERIA 355.00 0.00 355.00 AP 00412063 09/02/2020 SHRED PROS 176.00 0.00 176.00 AP 00412064 09/02/2020 SIGN SHOP,THE 23.64 0.00 23.64 AP 00412065 09/02/2020 SILVER&WRIGHT LLP 0.00 4,758.13 4,758.13 AP 00412067 09/02/2020 SONSRAY MACHINERY LLC 260.75 0.00 260.75 AP 00412071 09/02/2020 SOUTHERN CALIFORNIA EDISON 4,172.17 1,034.77 5,206.94 *** User: VLOPEZ-VERONICA LOPEZ Page: 7 Current Date: 09/08/2020 Report:CK_AGENDA REG_PORTRAIT_CONSOLIDATED-CK:Agenda Check Register Portrait Layout Page%ne: 07:45:18 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 8/24/2020 through 9/7/2020 Check No. Check Date Vendor Name Ca Fire Amount AP 00412072 09/02/2020 SOUTHERN CALIFORNIA EDISON 57.66 0.00 57.66 AP 00412073 09/02/2020 SPECIAL SERVICES GROUP LLC 150.85 0.00 150.85 AP 00412074 09/02/2020 STANDARD INSURANCE COMPANY 11,881.70 0.00 11,881.70 AP 00412075 09/02/2020 STANDARD INSURANCE COMPANY 3,189.88 0.00 3,189.88 AP 00412076 09/02/2020 STOTZ EQUIPMENT 447.55 0.00 447.55 AP 00412077 09/02/2020 TILDEN-COIL CONSTRUCTORS 10,000.00 0.00 10,000.00 AP 00412078 09/02/2020 TIREHUB LLC 1,074.26 0.00 1,074.26 AP 00412079 09/02/2020 TRAVELERS HAVEN LLC 24.81 0.00 24.81 AP 00412080 09/02/2020 U.S.BANK PARS ACCT#6746022500 21,628.23 0.00 21,628.23 AP 00412081 09/02/2020 U.S.BANK PARS ACCT#6746022500 1,096.45 0.00 1,096.45 AP 00412082 09/02/2020 UNITED SITE SERVICES OF CA INC 301.45 0.00 301.45 AP 00412083 09/02/2020 UNIVERSAL FLEET SUPPLY 0.00 199.90 199.90 AP 00412084 09/02/2020 UNIVERSITY ENTERPRISES CORP @ CSUSB,THE 18,750.00 0.00 18,750.00 AP 00412085 09/02/2020 US POSTMASTER 240.00 0.00 240.00 AP 00412086 09/02/2020 VALLEY POWER SYSTEMS INC 0.00 96.83 96.83 AP 00412087 09/02/2020 VAN DAELE HOMES CORPORATION 2,186.47 0.00 2,186.47 AP 00412088 09/02/2020 VAN SCOYOC ASSOCIATES INC 4,000.00 0.00 4,000.00 AP 00412089 09/02/2020 VERIZON WIRELESS-LA 0.00 5,726.55 5,726.55 AP 00412090 09/02/2020 VICTOR MEDICAL COMPANY 922.58 0.00 922.58 AP 00412091 09/02/2020 VULCAN MATERIALS COMPANY 8,939.26 0.00 8,939.26 Total City: $2,289,273.41 Total Fire: $252,678.08 Grand Total: Note: *** Check Number includes both City and Fire District expenditures User: VLOPEZ-VERONICA LOPEZ Page: 8 Current Date: 09/08/2020 Report:CK_AGENDA REG_PORTRAIT_CONSOLIDATED-CK:Agenda Check Register Portrait Layout Page Wine: 07:45:18 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Electronic Debit Register August 1, 2020 to August 31, 2020 DATE DESCRIPTION CITY FIRE AMOUNT 8/3 Workers Comp-City Account Transfer 231.41 231.41 8/3 Workers Comp-Fire Account Transfer 4,248.76 4,248.76 8/4 Bank Fee 102.60 102.60 8/4 U.S.BANK-Purchasing Card Payment 16,579.68 12,220.83 28,800.51 8/4 U.S.BANK-Corporate Card Payment 38,183.76 10,304.49 48,488.25 8/4 U.S.BANK-Costco Card Payment 409.44 1,190.15 1,599.59 8/4 Workers Comp-City Account Transfer 268.62 268.62 8/4 Workers Comp-Fire Account Transfer 580.00 580.00 8/5 Workers Comp-City Account Transfer 753.75 753.75 8/5 Workers Comp-Fire Account Transfer 522.14 522.14 8/6 WIRE PAYMENT-PURCHASE OF PROPERTY 717,284.11 717,284.11 8/6 Workers Comp-Fire Account Transfer 2,535.28 2,535.28 8/10 CALPERS-City-Retirement Account Deposit 53,680.90 53,680.90 8/10 CALPERS-City-Retirement Account Deposit 112,405.17 112,405.17 8/10 WIRE PAYMENT-RCMU CAISO 85,849.35 85,849.35 8/10 Workers Comp-City Account Transfer 286.00 286.00 8/11 Workers Comp-Fire Account Transfer 580.00 580.00 8/12 CALPERS-Fire-Retirement Account Deposit 2,651.88 2,651.88 8/12 CALPERS-Fire-Retirement Account Deposit 3,261.32 3,261.32 8/12 CALPERS-Fire-Retirement Account Deposit 5,037.07 5,037.07 8/12 CALPERS-Fire-Retirement Account Deposit 10,499.63 10,499.63 8/12 CALPERS-Fire-Retirement Account Deposit 24,787.04 24,787.04 8/12 CALPERS-Fire-Retirement Account Deposit 118,755.61 118,755.61 8/13 STATE DISBURSEMENT UNIT-Child Support Payments 3,748.95 3,748.95 8/13 STATE DISBURSEMENT UNIT-Child Support Payments 2,782.50 2,782.50 8/13 WIRE PAYMENT-CFD DEBT SERVICE PAYMENTS 3,305,566.16 3,305,566.16 8/13 WIRE PAYMENT-CFD DEBT SERVICE PAYMENTS 47,915.32 47,915.32 8/13 WIRE PAYMENT-CFD DEBT SERVICE PAYMENTS 49,318.00 49,318.00 8/13 WIRE PAYMENT-CFD DEBT SERVICE PAYMENTS 120,747.69 120,747.69 8/13 WIRE PAYMENT-CFD DEBT SERVICE PAYMENTS 197,399.49 197,399.49 8/13 WIRE PAYMENT-CFD DEBT SERVICE PAYMENTS 446,428.98 446,428.98 8/13 WIRE PAYMENT-CFD DEBT SERVICE PAYMENTS 499,426.89 499,426.89 8/13 Workers Comp-Fire Account Transfer 864.99 864.99 8/14 Workers Comp-City Account Transfer 314.67 314.67 8/14 Workers Comp-Fire Account Transfer 113.49 113.49 8/17 WIRE PAYMENT-RCMU CAISO 3,779.69 3,779.69 8/17 Workers Comp-City Account Transfer 43.75 43.75 8/17 Workers Comp-Fire Account Transfer 866.44 866.44 8/18 CALPERS-City-Retirement Account Deposit 30.17 30.17 8/18 CALPERS-City-Retirement Account Deposit 5,130.74 5,130.74 8/18 Workers Comp-City Account Transfer 539.74 539.74 8/18 Workers Comp-Fire Account Transfer 4,309.80 4,309.80 8/19 Workers Comp-City Account Transfer 6,444.76 6,444.76 8/19 Workers Comp-Fire Account Transfer 2,818.34 2,818.34 8/20 Workers Comp-Fire Account Transfer 2,724.94 2,724.94 8/24 Workers Comp-City Account Transfer 1,500.00 1,500.00 8/24 Workers Comp-Fire Account Transfer 512.00 512.00 8/26 CALPERS-City-Retirement Account Deposit 450.83 450.83 8/26 CALPERS-City-Retirement Account Deposit 56,494.40 56,494.40 8/26 CALPERS-City-Retirement Account Deposit 112,305.01 112,305.01 8/27 CALPERS-Fire-Retirement Account Deposit 174,085.24 174,085.24 8/27 CALPERS-Fire-Retirement Account Deposit 3,261.32 3,261.32 8/27 CALPERS-Fire-Retirement Account Deposit 3,285.04 3,285.04 8/27 CALPERS-Fire-Retirement Account Deposit 4,788.18 4,788.18 8/27 CALPERS-Fire-Retirement Account Deposit 10,499.63 10,499.63 8/27 CALPERS-Fire-Retirement Account Deposit 24,435.92 24,435.92 i Page 58 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Electronic Debit Register August 1,2020 to August 31,2020 DATE DESCRIPTION CITY FIRE AMOUNT 8/27 CALPERS-Fire-Retirement Account Deposit 118,679.85 118,679.85 8/27 STATE DISBURSEMENT UNIT-Child Support Payments 4,288.13 4,288.13 8/27 STATE DISBURSEMENT UNIT-Child Support Payments 2,782.50 2,782.50 8/27 Workers Comp-City Account Transfer 472.83 472.83 8/27 Workers Comp-Fire Account Transfer 664.36 664.36 8/28 Workers Comp-City Account Transfer 80.68 80.68 8/28 Workers Comp-Fire Account Transfer 56,411.96 56,411.96 8/31 Workers Comp-City Account Transfer 284.21 284.21 8/31 Workers Comp-Fire Account Transfer 3,320.89 3,320.89 TOTAL CITY 5,168,989.69 TOTAL FIRE 1,334,137.78 GRAND TOTAL 6,503,127.47 2 Page 59 CITY OF RANCHO CUCAMONGA DATE: September 16, 2020 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Veronica Lopez, Accounts Payable Supervisor SUBJECT: Consideration to Approve Weekly Check Registers for Checks Issued to Southern California Gas Company in the Amount of $6,176.55 Dated August 24, 2020 Through September 07, 2020. 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 MISSION /VISION / GOAL(S) ADDRESSED: N/A ATTACHMENTS: Attachment 1 - Weekly Check Registers for Checks Issued to Southern California Gas Company Page 60 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT So Calif Gas Company Only. Agenda Check Register 8/24/2020 through 9/7/2020 Check No. Check Date Vendor Name Ca Fire Amount AP 00411912 08/26/2020 SO CALIF GAS COMPANY 4,964.55 287.69 5,252.24 *** AP 00412066 09/02/2020 SO CALIF GAS COMPANY 1,212.00 0.00 1,212.00 Total City: $6,176.55 Total Fire: $287.69 Grand Total: S6,46T.N Note: *** Check Number includes both City and Fire District expenditures User: VLOPEZ-VERONICA LOPEZ Page: 1 Current Date: 09/08/2020 Report:CK_AGENDA REG_PORTRAIT_CONSOLIDATED-CK:Agenda Check Register Portrait Layout Page Hine: 08:03:33 CITY OF RANCHO CUCAMONGA DATE: September 16, 2020 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Lori E. Sassoon, Deputy City Manager/Administrative Services Tamara L. Layne, Finance Director Sandra G. Ramirez, Department Manager SUBJECT: Consideration to Receive and File Current Investment Schedule as of August 31, 2020. RECOMMENDATION: Staff recommends that the City Council receive and file the attached current investment schedule for the City of Rancho Cucamonga as of August 31, 2020. BACKGROUND: The attached investment schedule as of August 31, 2020 reflects cash and investments managed by the Finance Department/Revenue Management Division and is in conformity with the requirements of California Government Code Section 53601 and the City of Rancho Cucamonga's adopted Investment Policy as approved by the City Council on June 25, 2020. ANALYSIS: The City Treasurer is required to submit a quarterly investment report to the City Council in accordance with California Government Code Section 53646. The quarterly investment report is required to be submitted within 30 days following the end of the quarter covered by the report. However, the City Treasurer has elected to provide this report on a monthly basis. FISCAL IMPACT: None. 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MCO O L O m J U) T O i O Y C co y m m Li U i 0 U U cu N o 0 o Q T V O N � � L O p N Q M m E O U U w � U O O � R v O CD N V � r E O O CU O :3 cn 73 O Ocno � a � T U L Q V/ 2 O O O N O QT U) U Y cn C U 7 N fn N � C \ 'C U Z3 O Y o p o 0 Q p (n �' � LO U O O Q N U a) o m NO) Oo L QUA T 0 m D _0 = (1) cn LL U Page 70 a a� a a� .o �a d o M a, co (1) } o LO L � a o m to W LQ > O O co a O � y a� p o m w } yO N Sri Cl) N iv O M M c C ) ct to N y o a O U a0 0 _ W N = i O � a L •_ o O N O � O et O � 4 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O CD CD CD +�+ u i o ui o C%4 o Sri ui o o i 'IT � M M N O 'i U � 0 Z 4 Page 71 City of Rancho Cucamonga Summary of Cash and Investments with Fiscal Agents For the Month Ended August 31,2020 Trustee and/or Purchase Maturity Cost Bond Issue/Description Paving Agent Account Name Trust Account# Fund Investment Date Date* Yield Value Assessment District No 93-1 Wells Fargo Improvement Fund 16913302 101 Money Market Fund 8/4/1997 N/A 0.01% $ 301,239.14 Masi Plaza Reserve Fund 16913301 841 Money Market Fund 8/4/1997 N/A 0.01% 242,500.00 Redemp.Fund 16913300 841 Money Market Fund 8/4/1997 N/A 0.01% 220,002.07 $ 763,741.21 CFD 2003-01 Improvement Area 1(2013) Wells Fargo Reserve Fund 46571801 865 Money Market Fund 9/1/2013 N/A 0.01% $ 1,417,000.00 Agency Project 46571807 614 Money Market Fund 9/1/2013 N/A 0.01% 77,803.31 Cultural Center Fund 46571808 615 Money Market Fund 9/1/2013 N/A 0.01% 191,823.31 Bond Fund 46571800 864 Money Market Fund 9/1/2013 N/A 0.01% 784,254.17 Developer Project 46571806 614 Money Market Fund 9/1/2013 N/A 0.01% 98,081.93 Special Tax 46571805 864 Money Market Fund 9/1/2013 N/A 0.01% 0.00 $ 2,568,962.72 CFD 2003-01 Improvement Area 2(2013) Wells Fargo Bond Fund 46659800 866 Money Market Fund 12/1/2013 N/A 0.01% $ 148,994.97 Reserve Fund 46659801 867 Money Market Fund 12/1/2013 N/A 0.01% 132,473.70 Special Tax Fund 46659805 866 Money Market Fund 12/1/2013 N/A 0.01% 0.00 $ 281,468.67 CFD No 2004-01 Rancho Etiwanda Series Wells Fargo Admin Expense Fund 48436802 Money Market Fund N/A 0.01% $ - Bond Fund 48436800 820 Money Market Fund N/A 0.01% 1,779,173.92 Reserve Fund 48436801 821 Money Market Fund N/A 0.01% 1,187,366.00 Special Tax Fund 48436807 820 Money Market Fund N/A 0.00 Project Fund 48436809 617 Money Market Fund N/A 44,976.06 $ 3,011,515.98 2014 Rancho Summit Wells Fargo Cost of Issuance Fund 48709906 Money Market Fund N/A $ - Bond Fund 48709900 858 Money Market Fund N/A 399,607.95 Reserve Fund 48709901 859 Money Market Fund N/A 260,754.50 Sepcial Tax Fund 48709907 858 Money Market Fund N/A 0.00 Rebate Fund 48709908 Money Market Fund N/A - Redemption Fund 48709903 Money Market Fund N/A Prepayment Fund 48709904 Money Market Fund N/A $ 660,362.45 2019 Lease Revenue Bonds Wells Fargo Bond Fund 82631600 711 Money Market Fund 2/28/2019 N/A $ 217.88 Interest 82631601 711 Money Market Fund 2/28/2019 N/A 0.14 Principal 82631602 711 Money Market Fund 2/28/2019 N/A 0.08 Acquisition and Construciton-Series A 82631605 711 Money Market Fund 2/28/2019 N/A 8,636,115.74 Acquisition and Construciton-Series B 82631606 711 Money Market Fund 2/28/2019 N/A 2,293,987.66 Cost of Issuance 82631607 711 Money Market Fund 2/28/2019 N/A I:IFINANCEIKATHERINEIFiscal Agent StmtslFY 2020-21108-20201August 2020 Fiscal Agent Statements FY2021.xlsx Summary Report Page 1 Page 72 City of Rancho Cucamonga Summary of Cash and Investments with Fiscal Agents For the Month Ended August 31,2020 Trustee and/or Purchase Maturity Cost Bond Issue/Description Paving Agent Account Name Trust Account# Fund Investment Date Date* Yield Value $ 10,930,321.50 Escrow Acct-Day Creek Villas Sr.Affordable Housing Chase Bank City of Rancho Cucamonga 389918209 396 Money Market Fund 4/24/2019 N/A $ 3,523,314.63 $ 3,523,314.63 CFD No.2000-01 South Etiwanda Union Bank Rancho Cucamonga 2015 CFD2000-1 AGY 6712140200 7/30/2015 N/A $ - Special Tax Fund 6712140201 Money Market Fund 7/30/2015 N/A - Bond Fund 6712140202 852 Money Market Fund 7/30/2015 N/A 49,376.75 Prepayment Fund 6712140203 Money Market Fund 7/30/2015 N/A - Reserve Fund 6712140204 853 Money Market Fund 7/30/2015 N/A 0.00% 22,750.31 $ 72,127.06 CFD No.2000-02 Rancho Cucamonga Corporate Park Union Bank Rancho Cucamonga 2015 CFD2000-2 AGY 6712140300 Money Market Fund 7/3 012 01 5 N/A $ - Special Tax Fund 6712140301 Money Market Fund 7/30/2015 N/A $ - Bond Fund 6712140302 856 Money Market Fund 7/30/2015 N/A $ 446,968.00 Prepayment Fund 6712140303 Money Market Fund 7/30/2015 N/A $ - Reserve Fund 6712140304 857 Money Market Fund 7/30/2015 N/A 0.00% 208,901.86 $ 655,869.86 CFD No.2001-01 IA 18,2,Series A Union Bank Rancho Cucamonga 2015 CFD2001-1 AGY 6712140400 Money Market Fund 7/30/2015 N/A $ - Special Tax Fund 6712140401 Money Market Fund 7/30/2015 N/A - Bond Fund 6712140402 860 Money Market Fund 7/30/2015 N/A 500,234.00 Prepayment Fund 6712140403 Money Market Fund 7/30/2015 N/A - Reserve Fund 6712140404 861 Money Market Fund 7/30/2015 N/A 0.00% 303,540.73 $ 803,774.73 CFD No.2001-01 IA3,Series B Union Bank Rancho Cucamonga 2015 CFD2001-1 AGY 6712140500 Money Market Fund 7/30/2015 N/A $ - Special Tax Fund 6712140501 Money Market Fund 7/30/2015 N/A - Bond Fund 6712140502 862 Money Market Fund 7/30/2015 N/A 47,993.25 Prepayment Fund 6712140503 Money Market Fund 7/30/2015 N/A - Reserve Fund 6712140504 863 Money Market Fund 7/30/2015 N/A 0.00% 29,471.06 $ 77,464.31 CFD No.2006-01 Vintner's Grove Union Bank Rancho Cucamonga 2015 CFD2006-1 AGY 6712140600 Money Market Fund 7/30/2015 N/A $ - Special Tax Fund 6712140601 Money Market Fund 7/30/2015 N/A - Bond Fund 6712140602 869 Money Market Fund 7/30/2015 N/A 197,758.80 Prepayment Fund 6712140603 Money Market Fund 7/30/2015 N/A - Reserve Fund 6712140604 870 Money Market Fund 7/30/2015 N/A 0.00% 130,760.04 $ 328,518.84 I:IFINANCEWATHERINEIFiscal Agent StmtslFY 2020-21108-20201August 2020 Fiscal Agent Statements FY2021.xlsx Summary Report Page 2 Page 73 City of Rancho Cucamonga Summary of Cash and Investments with Fiscal Agents For the Month Ended August 31,2020 Trustee and/or Purchase Maturity Cost Bond Issue/Description Paving Agent Account Name Trust Account# Fund Investment Date Date* Yield Value CFD No.2006-02 Amador on Rt.66 Union Bank Rancho Cucamonga 2015 CFD2006-2 AGY 6712140700 Money Market Fund 7/30/2015 N/A $ - Special Tax Fund 6712140701 Money Market Fund 7/30/2015 N/A Bond Fund 6712140702 871 Money Market Fund 7/30/2015 N/A 120,965.20 Prepayment Fund 6712140703 Money Market Fund 7/30/2015 N/A - Reserve Fund 6712140704 872 Money Market Fund 7/30/2015 N/A 0.00% 79,465.82 $ 200,431.02 23,877,872.98 TOTAL CASH AND INVESTMENTS WITH FISCAL AGENTS $ 23,877,872.98 Note: These investments are money market accounts which have no stated maturity date as they may be liquidated upon demand. I:IFINANCEXATHERINEIFiscal Agent StmtslFY 2020-21108-20201August 2020 Fiscal Agent Statements FY2021.xlsx Summary Report Page 3 Page 74 CITY OF RANCHO CUCAMONGA Olw-- DATE: September 16, 2020 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Jason Welday, Director of Engineering Services/City Engineer Annette Cano-Soza, Assistant Engineer SUBJECT: Consideration to Approve a Full Assignment Agreement and Authorize Release of Bonds for Tract 18960, Located at the Northeast Corner of Day Creek Boulevard and Wilson Avenue, Related to Case No. SUBTT18960. RECOMMENDATION: Staff recommends that the City Council: 1. Approve the attached Full Assignment Agreement and cause said agreement to be signed; and, 2. Release Faithful Performance Bond #381384S for the associated public improvements. BACKGROUND: On May 26, 2016, the Planning Commission approved Case No. SUBTT18960 for the division of 4.36 acres into 12 single family parcels located on the north side of Wilson Avenue and east of Day Creek Boulevard. Case No. SUBTT18960 was approved subject to a condition that certain public improvements be constructed, including street, storm drain, sidewalk, drive approaches, and street trees. On August 2, 2017, the City Council approved the tract map, improvement agreement, improvement securities, and annexation into Landscape Maintenance District No. 7 and Street Light Maintenance Districts Nos. 1 and 7. In 2019, the developer became non-responsive to requests from the City to complete the public improvements related to the project and on January 7, 2020. After several months of inactivity, staff determined that the developer, Wilson Estates, LLC, was in breach of their agreement with the City, having failed to construct the public improvements described in the agreement. The City has filed a claim with the developer's Surety, Indemnity Company of California, for the completion of the construction. On August 7, 2020, Indemnity Company of California provided a determination letter to the City offering $52,100, the full amount of the bond, to settle the City's claim. The Surety has also provided a Performance Bond Release and Full Assignment agreement (Attachment 2) to pay the full amount of the bond within fifteen days of the execution of the agreement. ANALYSIS: Approval of the Performance Bond Release and Full Assignment Agreement will require the surety to pay the City $52,100 as a settlement for the unfinished improvements. Furthermore, in order to protect the health and safety of the public and place the public improvements in an acceptable condition, the City will be responsible for completing the unfinished improvements. These unfinished improvements include final trench repairs and street paving, missing or damaged sidewalk, curb and gutter, fencing, hardscape, drainage improvements, debris removal, irrigation, and landscaping along with weed abatement that the developer would have been required to complete in order for the City to accept the public improvements. The estimate for this remaining work is $89,500 which includes approximately $5,600 in additional paving requested by the Public Works Services Department in the storm drain easement along the west side of the tract to minimize future maintenance costs. It should be noted that the bond is estimated based on improvements to be constructed by the developer but unfortunately does not include items such as debris Page 75 removal or removal and repair of improvements that are damaged by the developer as those are unforeseen at the time of estimation. Staff has since updated the unit prices used for bond estimates and is evaluating the bond estimation process to reasonably maximize future bond estimates to better cover these unforeseen expenses. FISCAL IMPACT: As a result of the attached agreement, the City will receive $52,100 to aid with the completion of the unfinished public improvements. While the improvements are currently estimated at $89,500, there is an anticipated funding shortfall of$37,400 that will need to be covered with City funds. Once bids for this work are received and the final shortfall is identified, a request for appropriation of funding for the work(including the funds from Indemnity Company of California) will be presented to the City Council for consideration. Staff will also investigate options, including potential litigation, to seek reimbursement directly from the developer based on the final costs that exceed the bond amount. COUNCIL GOAL(S) ADDRESSED: This item addresses the City Council's vision for the City by ensuring the construction of high-quality public improvements that promote a world class community. ATTACHMENTS: Attachment 1 —Vicinity Map Attachment 2 - Agreement Page 2 Page 76 ATTACHMENT 1 SU BTT18960 Vicinity Map NOT TO SCALE -------------- :.Project Site: [ Wilson Ave p mmm,� © Wflsan Ave hift y Wilson Ave i ■ N Page 77 ATTACHMENT 2 PERFORMANCE BOND RELEASE AND FULL ASSIGNMENT This Performance Bond Release and Full Assignment(the"Release") is made and entered as of the Effective Dates by and between City of Rancho Cucamonga ("Obligee") and Indemnity Company of California("Surety") (individually, a"Party" and collectively, the "Parties"). RECITALS' A. On or about June 7, 2017, Obligee entered into an improvement agreement ("Contract") with Wilson Estates, LLC ("Principal") whereby Principal agreed to install and complete certain designated public improvements identified as project TR 18960 (the "Project"). B. In connection with the Contract, Surety and Principal executed and delivered to Obligee a Performance Bond numbered 381384S in the penal sum of $52,100.00 (the "Performance Bond"). C. On or about January 7, 2020, Obligee declared Principal to be in default of its obligations under the Contract, and made demand upon Surety to perform under the terms of the Performance Bond. In consideration of the agreements and undertakings set forth below and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows: AGREEMENTS I. Within fifteen (15) calendar days of the execution of this Release by the Parties, Surety will pay Obligee the sum of $52,100.00 (the "Settlement Amount") in satisfaction of Obligee's Performance Bond claim and as consideration for this Release. Obligee acknowledges the receipt and sufficiency of the Settlement Amount from Surety. Such payment is made by Surety for the purpose of settling any and all claims or disputes relating to the Performance Bond, and shall not be construed as an admission of liability on the part of Surety. 2. As full consideration for the payment made hereunder, Obligee hereby releases and discharges Surety and its agents, employees, board members, reinsurers, officers, directors, attorneys, successors,assigns, subsidiaries,divisions,parents,affiliates,or corporations connected therewith or thereby, from any and all liability, claims, or causes of action of every nature, character and description that it has or may have arising out of or which result from Surety issuing the Performance Bond. Obligee agrees and acknowledges that the Performance Bond is hereafter fully and forever exonerated in full, without exception, and that Surety shall have no further obligation under the Completion Bond. 3. This Release is full, complete, and without reservation. No claims of any kind or nature will hereafter exist by Obligee against Surety or its successors or assigns that have as their basis the execution or existence of the Performance Bond. Page 78 4. The Parties acknowledge that they are familiar with the provisions of California Civil Code Section 1542, which provides as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THIS RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." Being aware of this code section, each party expressly waives and relinquishes all rights and benefits which he may have thereunder as well as under any other statute or common law principle of similar effect.Each party understands that the facts in respect of which the releases made in this Release are given may hereafter turn out to be other than or different from the facts in that connection now believed by each party to be true; and each party hereto accepts and assumes the risk of the facts turning out to be different and agrees that this Release shall be and remain in all respects effective and not subject to termination or rescission by virtue of any such difference in facts. 5. In further consideration for the payment set forth above, Obligee does hereby assign, grant, convey, and transfer to Surety, its successors and assigns, any debt, right and/or cause of action it now has for money due against Principal or its successors or assigns relating to the Project for which the Completion Bond was issued, but only up to the amount of$52,100.00. Obligee's assignment herein includes all other rights, title, and interest it has to enforce or collect said amount.This is a limited assignment and in no way limits,waives,or releases Obligee's rights or causes of action against the Principal relating to additional costs to complete the Project above $52,100.00. 6. The undersigned acknowledge that they have fully read and understand fully the terms and conditions of this Release, and have consulted or had the opportunity to consult with counsel regarding this Release. 7. This Release constitutes the whole of the understanding, discussions, and agreements by and between Obligee and Surety. The terms and provisions of this Release are contractual and not mere recitals. Obligee and Surety acknowledge that there have been no oral, written or other agreements of any kind as a condition precedent to or to induce the execution and delivery of this Release. Any written or oral discussions conducted prior to the effective date of this Release shall not in any way vary or alter the terms of this Release. 8. The rule of construction that provides that a document shall be construed against the drafter shall not apply to this Release. 9. The terms, obligations, and conditions of this Release shall be binding upon the Parties, and their successors and assigns. Page 79 10. This Release shall be interpreted according to the laws of the State of California. 11. This Release may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same document. Signatures on this Release transmitted and received by electronic mail or facsimile shall be binding on the Parties to the same extent as original signatures. 12. The undersigned represent and warrant that they are duly authorized and empowered to execute this Release on behalf of Obligee and Surety, respectively. 13. The Effective Date of this Release is the date of the last signature below. DATE: August 28, 2020 INDEMNITY COMPANY OF CALIFORNIA By: Name: Sonia Linnaus Title: Its Authorized Agent DATE: August , 2020 CITY OF RANCHO CUCAMONGA By: Name: Title: Page 80 CITY OF RANCHO CUCAMONGA DATE: September 16, 2020 TO: President and Members of the Board of Directors FROM: John R. Gillison, City Manager INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Matthew Addington, Associate Engineer SUBJECT: Consideration to Approve an Improvement Agreement, Improvement Securities, and Resolutions Ordering the Annexation into Landscape Maintenance District No. 3B, and into Street Lighting Maintenance Districts No.'s 1 and 6 Located East of Vineyard Avenue and North of 8th Street, Related to Case No. DRC2018- 00430. (RESOLUTION NO. 2020-100), (RESOLUTION NO. 2020-101), AND (RESOLUTION NO. 2020-102). RECOMMENDATION: Staff recommends that the City Council: 1. Approve an Improvement Agreement for public improvements related to Case No. DRC2018-00430 and authorize the Mayor and the City Clerk to sign said agreement; 2. Accept securities in the form of bonds to guarantee completion of the related public improvements; and 3. Adopt the attached resolutions ordering the annexation into Landscape Maintenance District No. 3B and Street Light Maintenance Districts No.'s 1 and 6. BACKGROUND: On January 22, 2020, the Planning Commission approved Case No. DRC2018-00430 for the construction of a new 25,399 square foot industrial warehouse building located in the General Industrial (GI) District, east of Vineyard Avenue and north of 8t" Street. Case No. DRC2018-00430 was approved subject to a condition that certain public improvements be constructed including; sidewalk, asphalt concrete pavement, curb and gutter, drive approach, and street trees. ANALYSIS: The developer, Richard Collins, Jr., has submitted an Improvement Agreement and improvement securities to guarantee the construction of the public improvements in the following amounts: Faithful Performance Bond No. 1001140396 $29,300 Labor and Material Bond No. 1001140396 $29,300 Approval of this item by the Council would approve the Improvement Agreement, accept the securities for the construction of certain public improvements, and order the annexation into Landscape Maintenance District 3B and Street Light Maintenance Districts 1 and 6. Copies of the agreement and the Consent and Waiver to Annexation Forms signed by the developer are available in the City Clerk's Office. Page 81 FISCAL IMPACT: The proposed annexations would satisfy the conditions of approval for the development and supply additional annual revenue into the landscape and street lighting maintenance districts in the following amounts: Landscape Maintenance District No. 313: $440.29 Street Light Maintenance District No. 1: $55.44 Street Light Maintenance District No. 6: $80.18 Furthermore, the development will install eleven street trees off Vineyard Avenue that would be maintained by the City. No street lights will be constructed for this development. COUNCIL GOAL(S) ADDRESSED: This item addresses the City Council's vision for the City by ensuring the construction of high quality improvements that promote a world class community. ATTACHMENTS: Attachment - 1 Vicinity Map Attachment - 2 Resolution Ordering Annexation - LMD 3B Attachment - 3 Resolution Ordering Annexation - SLD 1 Attachment - 4 Resolution Ordering Annexation - SLD 6 Page 2 Page 82 ATTACHMENT 1 D RC2018-00430 Vicinity Map NOT TO SCALE Project S to Qn j o N Page 83 ATTACHMENT # 2 RESOLUTION NO. XX - 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. 3B (COMMERCIAL INDUSTRIAL) FOR CASE NO. DRC2018-00430 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. 3B (Commercial Industrial) (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. XXX-XXX— Page 1 of 8 Page 84 ATTACHMENT # 2 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 day of 2020. Resolution No. XXX-XXX— Page 2 of 8 Page 85 ATTACHMENT # 2 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: RICHARD COLLINS JR., TRUSTEE OF THE COLLINS FAMILY TRUST OF 2019 The legal description of the Property is: PARCEL NO. 1: LOT 9, ACCORDING TO PLAT OF SUBDIVISION OF LOT 10 OF CUCAMONGA VINEYARD TRACT, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 20 OF MAPS, PAGE 44, RECORDS OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION OF SAID LOT 9, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY'S RIGHT OF WAY 100 FEET WIDE AS SAID RIGHT OF WAY IS DESCRIBED IN DEED TO CALIFORNIA RAILWAY COMPANY DATED SEPTEMBER 4, 1888, AND RECORDED IN VOLUME 83 OF DEEDS, PAGE 178, RECORDS OF SAID COUNTY, WITH THE EASTERLY LINE OF VINEYARD AVENUE (60 FEET WIDE); THENCE NORTH 0° 12' 50" EAST, ALONG SAID EASTERLY LINE 150.00 FEET; THENCE SOUTH 88° 47' 10" EAST, AT RIGHT ANGLES, 245 FEET, MORE OR LESS, TO THE SOUTHWESTERLY LINE OF THAT CERTAIN STRIP OF LAND (150 FEET WIDE) DESCRIBED IN DEED FROM L. F. LUCAS TO SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, RECORDED IN BOOK 1662, PAGE 246, OFFICIAL RECORDS; THENCE SOUTH 44' 09' 50" EAST ALONG SAID SOUTHWESTERLY LINE 240 FEET, MORE OR LESS, TO SAID NORTHERLY LINE OF RAILWAY RIGHT OF WAY; THENCE WESTERLY ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 415 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LOT 9, LYING EASTERLY AND NORTHERLY OF THE WESTERLY AND SOUTHERLY LINES OF THE PROPERTY CONVEYED TO SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, A BODY CORPORATE AND POLITIC BY DEED RECORDED JANUARY 30, 1979 IN BOOK 9611, PAGE 694, OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION OF LOT 9, CONVEYED TO THE CITY OF RANCHO CUCAMONGA, BY DEED RECORDED JANUARY 21, 1981, INSTRUMENT NO. 81-14591, OFFICIAL RECORDS. PARCEL NO. 2: A PARCEL OF LAND SITUATED IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN Resolution No. XXX-XXX— Page 3 of 8 Page 86 ATTACHMENT # 2 BERNARDINO, STATE OF CALIFORNIA, BEING A PORTION OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN DEED DATED FEBRUARY 11, 1948 FROM AGENES T. BONESS, ET AL., TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY RECORDED MARCH 8, 1948, IN BOOK 2036, PAGE 36 ET SEQ. OF THE RECORDS OF SAID SAN BERNARDINO COUNTY, DESCRIBED FOR REFERENCE AS FOLLOWS: AN IRREGULAR SHAPED PARCEL OF LAND NEAR CUCAMONGA, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, BEING A PORTION OF LOT 9, OF "A SUBDIVISION OF LOT 10 OF THE CUCAMONGA VINEYARD TRACT" AS SHOWN ON PLAT RECORDED IN BOOK 20 OF MAPS, PAGE 44, RECORDS OF SAID COUNTY, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY'S RIGHT OF WAY 100 FEET WIDE AS SAID RIGHT OF WAY IS DESCRIBED IN DEED TO CALIFORNIA CENTRAL RAILWAY COMPANY DATED SEPTEMBER 4, 1888, AND RECORDED IN VOLUME 83 OF DEEDS, PAGE 178, RECORDS OF SAID COUNTY, WITH THE EASTERLY LINE OF VINEYARD AVENUE (60 FEET WIDE); THENCE NORTH 0° 12' 50" EAST, ALONG SAID EASTERLY LINE 150.00 FEET; THENCE SOUTH 88° 47' 10" EAST, AT RIGHT ANGLES, 245 FEET, MORE OR LESS, TO THE SOUTHWESTERLY LINE OF THAT CERTAIN STRIP OF LAND (150 FEET WIDE) DESCRIBED IN DEED FROM L. F. LUCAS TO SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT RECORDED IN BOOK 1662, PAGE 246, OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTH 44° 12' 50" EAST, ALONG SAID SOUTHWESTERLY LINE 240 FEET, MORE OR LESS, TO SAID NORTHERLY LINE OF RAILWAY RIGHT OF WAY; THENCE WESTERLY ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 415 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ALL THAT PORTION THEREOF DESCRIBED IN DEED DATED DULY 21, 1981, FROM THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY TO THE CITY OF RANCHO CUCAMONGA RECORDED OCTOBER 8, 1981, INSTRUMENT NO. 81-223339, OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, DESCRIBED IN SAID DEED FOR REFERENCE AS FOLLOWS: A PARCEL OF LAND IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, IN THE SOUTHWEST 1/4 OF SECTION 10, TOWNSHIP I SOUTH, RANGE 7 WEST, SAN BERNARDINO BASE AND MERIDIAN, BEING THAT PORTION OF THAT CERTAIN 1.1. ACRE PARCEL OF LAND DESCRIBED IN DEED TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, RECORDED IN BOOK 2036, PAGE 36, OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF VINEYARD AVENUE (60 FEET WIDE)AS SAID AVENUE ON MAP ENTITLED "PLAT OF A SUBDIVISION OF LOT 10 CUCAMONGA VINEYARD TRACT", RECORDED IN BOOK 20 OF MAPS, PAGE 44, RECORDS OF SAID COUNTY, WITH THE NORTHERLY LINE OF SAID RAILWAY COMPANY'S 100-FOOT WIDE PROPERTY AS SAID PROPERTY IS Resolution No. XXX-XXX— Page 4 of 8 Page 87 ATTACHMENT # 2 DESCRIBED IN DEED TO CALIFORNIA CENTRAL RAILWAY COMPANY (PREDECESSOR IN INTEREST TO FIRST SAID RAILWAY COMPANY), RECORDED IN VOLUME 83 OF DEEDS, PAGE 178, RECORDS OF SAID COUNTY, SAID INTERSECTION BEING ALSO THE SOUTHWEST CORNER OF SAID 1.1. ACRES PARCEL; THENCE NORTH 00 DEG. 02' 39" EAST (BEARING ASSUMED FOR PURPOSE OF THIS DESCRIPTION) ALONG THE WESTERLY LINE OF SAID 1.1 ACRE PARCEL 150.00 FEET TO THE NORTHWESTERLY CORNER OF SAID 1.1. ACRE PARCEL; THENCE SOUTH 89 DEG. 5T 21" EAST ALONG THE NORTHERLY LINE OF SAID 1.1 ACRES PARCEL, 22.94 FEET; THENCE SOUTH I DEG. 40' 01" WEST, 150.12 FEET TO A POINT IN THE NORTHERLY LINE OF SAID 100-FOOT WIDE PROPERTY; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID 100-FOOT WIDE PROPERTY, BEING ALONG THE ARC OF A CURVE FROM WHICH A RADIAL BEARS SOUTH 00 DEG. 16'47" WEST, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 5779.65 FEET, THROUGH A CENTRAL ANGLE OF 00 DEG. 1 P 07", A DISTANCE OF 18.68 FEET TO POINT OF BEGINNING. ALSO, EXCEPTING FROM THE ABOVE DESCRIBED 1.1 ACRE PARCEL ALL OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED DATED MAY 22, 1981, FROM THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT RECORDED OCTOBER 20, 1981, INSTRUMENT NO. 81-232717, OFFICIAL RECORDS, DESCRIBED IN SAID DEED FOR REFERENCE AS FOLLOWS: A PARCEL OF LAND IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, BEING THAT PORTION OF THAT CERTAIN 1.1 ACRE PARCEL OF LAND DESCRIBED IN DEED TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY RECORDED IN BOOK 2036, PAGE 36, OFFICIAL RECORDS OF SAID COUNTY, IN LOT 9 OF "A SUBDIVISION OF LOT 10 OF THE CUCAMONGA VINEYARD TRACT", AS SAID SUBDIVISION IS SHOWN ON MAP RECORDED IN BOOK 20 OF MAPS, PAGE 44, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID 1.1 ACRE PARCEL; THENCE NORTH 44 DEG. 17' 54" WEST (BEARING ASSUMED FOR THE PURPOSE OF THIS DESCRIPTION)ALONG THE NORTHEASTERLY LINE OF SAID 1.1 ACRE PARCEL, 230.69 FEET TO THE NORTHEASTERLY CORNER OF SAID 1.1 ACRE PARCEL; THENCE NORTH 89 DEG. 57' 21" WEST ALONG THE NORTHERLY LINE OF SAID 1.1 ACRE PARCEL, 14.02 FEET; THENCE SOUTH 43 DEG. 39' 25" EAST, 226.37 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID 1.1 ACRE PARCEL; THENCE EASTERLY ALONG SAID SOUTHERLY LINE, BEING ALONG THE ARC OF A CURVE FROM WHEN A RADIAL BEARS SOUTH 3 DEG. 59' 26" WEST, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 5779.65 FEET, THROUGH A CENTRAL ANGLE OF 0 DEG. 1 P 15", A DISTANCE OF 18.91 FEET TO POINT OF BEGINNING. ALSO EXCEPTING FROM HEREINABOVE PARCEL NO. 2, ALL MINERALS CONTAINED IN THE ABOVE-DESCRIBED LAND, INCLUDING, WITHOUT LIMITING THE GENERALITY THEREOF, OIL, GAS AND OTHER HYDROCARBON SUBSTANCES, AS WELL AS METALLIC OR OTHER SOLID MINERALS, PROVIDED THAT SANTA FE Resolution No. XXX-XXX— Page 5 of 8 Page 88 ATTACHMENT # 2 SHALL NOT HAVE THE RIGHT TO GO UPON OR USE THE SURFACE OF SAID LANDS, OR ANY PART THEREOF, FOR THE PURPOSE OF DRILLING FOR, MINING, OR OTHERWISE REMOVING, ANY OF SAID MINERALS, SANTA FE MAY, HOWEVER AND HEREBY RESERVES THE RIGHT TO, REMOVE ANY OF SAID MINERALS FROM SAID LAND BY MEANS OF WELLS, SHAFTS, TUNNELS, OR OTHER MEANS OF ACCESS TO SAID MINERALS WHICH MAY BE CONSTRUCTED, DRILLED OR DUG FROM OTHER LAND, PROVIDED THAT THE EXERCISE OF SUCH RIGHTS BY SANTA FE SHALL IN NO WAY INTERFERE WITH OR IMPAIR THE USE OF THE SURFACE OF SAID LAND OR OF ANY IMPROVEMENTS THEREON, AS RESERVED BY THE CLURMAN COMPANY, INC., A CALIFORNIA CORPORATION, IN GRANT DEED RECORDED MAY 13, 1994, INSTRUMENT NO. 94-221520, OFFICIAL RECORDS. Assessor's Parcels Numbers of the Property: 0209-013-13-0-000 & 0209-013-44-0-000 Resolution No. XXX-XXX— Page 6 of 8 Page 89 Exhibit B Description of the District Improvements Fiscal Year 2020/21 Landscape Maintenance District No. 3B (Commercial Industrial): Landscape Maintenance District No. 3B (Commercial Industrial) (the "Maintenance District") represents landscape sites throughout the Commercial/Industrial Maintenance District. The various landscape sites that are maintained by this district consist of median islands, parkways, street trees and entry monuments. Proposed additions to the Improvements for Project Case No. DRC2018-00430: 11 Landscape Trees— 15 Gallons Resolution No. XXX-XXX— Page 7 of 8 Page 90 Exhibit C Proposed Annual Assessment Fiscal Year 2020/21 Landscape Maintenance District No. 3B (Commercial Industrial): The rate per Equivalent Benefit Unit (EBU) is $282.24 for the fiscal year 2019/20. The following table summarizes the assessment rate for Landscape Maintenance District No. 3B (Commercial Industrial) for Case No. DRC2018-00430: EBU Rate per Land Use Basis Factor* EBU* Non-Residential Acre 1.00 $282.24 The proposed annual assessment for the property described in Exhibit A is as follows: 1.56 Acres x 1.00 EBU Factor x $282.24 Rate per EBU = $282.24 Annual Assessment Resolution No. XXX-XXX— Page 8 of 8 Page 91 ATTACHMENT #3 RESOLUTION NO. XX - 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 CASE NO. DRC2018-00430 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 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 8 Page 92 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 day of 2020. Resolution No. XX-XXX— Page 2 of 8 Page 93 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: RICHARD COLLINS JR., TRUSTEE OF THE COLLINS FAMILY TRUST OF 2019 The legal description of the Property is: PARCEL NO. 1: LOT 9, ACCORDING TO PLAT OF SUBDIVISION OF LOT 10 OF CUCAMONGA VINEYARD TRACT, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 20 OF MAPS, PAGE 44, RECORDS OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION OF SAID LOT 9, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY'S RIGHT OF WAY 100 FEET WIDE AS SAID RIGHT OF WAY IS DESCRIBED IN DEED TO CALIFORNIA RAILWAY COMPANY DATED SEPTEMBER 4, 1888, AND RECORDED IN VOLUME 83 OF DEEDS, PAGE 178, RECORDS OF SAID COUNTY, WITH THE EASTERLY LINE OF VINEYARD AVENUE (60 FEET WIDE); THENCE NORTH 0° 12' 50" EAST, ALONG SAID EASTERLY LINE 150.00 FEET; THENCE SOUTH 88° 47' 10" EAST, AT RIGHT ANGLES, 245 FEET, MORE OR LESS, TO THE SOUTHWESTERLY LINE OF THAT CERTAIN STRIP OF LAND (150 FEET WIDE) DESCRIBED IN DEED FROM L. F. LUCAS TO SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, RECORDED IN BOOK 1662, PAGE 246, OFFICIAL RECORDS; THENCE SOUTH 44' 09' 50" EAST ALONG SAID SOUTHWESTERLY LINE 240 FEET, MORE OR LESS, TO SAID NORTHERLY LINE OF RAILWAY RIGHT OF WAY; THENCE WESTERLY ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 415 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LOT 9, LYING EASTERLY AND NORTHERLY OF THE WESTERLY AND SOUTHERLY LINES OF THE PROPERTY CONVEYED TO SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, A BODY CORPORATE AND POLITIC BY DEED RECORDED JANUARY 30, 1979 IN BOOK 9611, PAGE 694, OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION OF LOT 9, CONVEYED TO THE CITY OF RANCHO CUCAMONGA, BY DEED RECORDED JANUARY 21, 1981, INSTRUMENT NO. 81-14591, OFFICIAL RECORDS. PARCEL NO. 2: Resolution No. XX-XXX— Page 3 of 8 Page 94 A PARCEL OF LAND SITUATED IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, BEING A PORTION OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN DEED DATED FEBRUARY 11, 1948 FROM AGENES T. BONESS, ET AL., TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY RECORDED MARCH 8, 1948, IN BOOK 2036, PAGE 36 ET SEQ. OF THE RECORDS OF SAID SAN BERNARDINO COUNTY, DESCRIBED FOR REFERENCE AS FOLLOWS: AN IRREGULAR SHAPED PARCEL OF LAND NEAR CUCAMONGA, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, BEING A PORTION OF LOT 9, OF "A SUBDIVISION OF LOT 10 OF THE CUCAMONGA VINEYARD TRACT" AS SHOWN ON PLAT RECORDED IN BOOK 20 OF MAPS, PAGE 44, RECORDS OF SAID COUNTY, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY'S RIGHT OF WAY 100 FEET WIDE AS SAID RIGHT OF WAY IS DESCRIBED IN DEED TO CALIFORNIA CENTRAL RAILWAY COMPANY DATED SEPTEMBER 4, 1888, AND RECORDED IN VOLUME 83 OF DEEDS, PAGE 178, RECORDS OF SAID COUNTY, WITH THE EASTERLY LINE OF VINEYARD AVENUE (60 FEET WIDE); THENCE NORTH 0° 12' 50" EAST, ALONG SAID EASTERLY LINE 150.00 FEET; THENCE SOUTH 88° 47' 10" EAST, AT RIGHT ANGLES, 245 FEET, MORE OR LESS, TO THE SOUTHWESTERLY LINE OF THAT CERTAIN STRIP OF LAND (150 FEET WIDE) DESCRIBED IN DEED FROM L. F. LUCAS TO SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT RECORDED IN BOOK 1662, PAGE 246, OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTH 44' 12' 50" EAST, ALONG SAID SOUTHWESTERLY LINE 240 FEET, MORE OR LESS, TO SAID NORTHERLY LINE OF RAILWAY RIGHT OF WAY; THENCE WESTERLY ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 415 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ALL THAT PORTION THEREOF DESCRIBED IN DEED DATED JULY 21, 1981, FROM THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY TO THE CITY OF RANCHO CUCAMONGA RECORDED OCTOBER 8, 1981, INSTRUMENT NO. 81-223339, OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, DESCRIBED IN SAID DEED FOR REFERENCE AS FOLLOWS: A PARCEL OF LAND IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, IN THE SOUTHWEST 1/4 OF SECTION 10, TOWNSHIP I SOUTH, RANGE 7 WEST, SAN BERNARDINO BASE AND MERIDIAN, BEING THAT PORTION OF THAT CERTAIN 1.1. ACRE PARCEL OF LAND DESCRIBED IN DEED TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, RECORDED IN BOOK 2036, PAGE 36, OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF VINEYARD AVENUE (60 FEET WIDE)AS SAID AVENUE ON MAP ENTITLED "PLAT OF A Resolution No. XX-XXX— Page 4 of 8 Page 95 SUBDIVISION OF LOT 10 CUCAMONGA VINEYARD TRACT", RECORDED IN BOOK 20 OF MAPS, PAGE 44, RECORDS OF SAID COUNTY, WITH THE NORTHERLY LINE OF SAID RAILWAY COMPANY'S 100-FOOT WIDE PROPERTY AS SAID PROPERTY IS DESCRIBED IN DEED TO CALIFORNIA CENTRAL RAILWAY COMPANY (PREDECESSOR IN INTEREST TO FIRST SAID RAILWAY COMPANY), RECORDED IN VOLUME 83 OF DEEDS, PAGE 178, RECORDS OF SAID COUNTY, SAID INTERSECTION BEING ALSO THE SOUTHWEST CORNER OF SAID 1.1. ACRES PARCEL; THENCE NORTH 00 DEG. 02' 39" EAST (BEARING ASSUMED FOR PURPOSE OF THIS DESCRIPTION)ALONG THE WESTERLY LINE OF SAID 1.1 ACRE PARCEL 150.00 FEET TO THE NORTHWESTERLY CORNER OF SAID 1.1. ACRE PARCEL; THENCE SOUTH 89 DEG. 57' 21" EAST ALONG THE NORTHERLY LINE OF SAID 1.1 ACRES PARCEL, 22.94 FEET; THENCE SOUTH I DEG. 40' 01" WEST, 150.12 FEET TO A POINT IN THE NORTHERLY LINE OF SAID 100-FOOT WIDE PROPERTY; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID I00-FOOT WIDE PROPERTY, BEING ALONG THE ARC OF A CURVE FROM WHICH A RADIAL BEARS SOUTH 00 DEG. 16'47" WEST, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 5779.65 FEET, THROUGH A CENTRAL ANGLE OF 00 DEG. 11' 07", A DISTANCE OF 18.68 FEET TO POINT OF BEGINNING. ALSO, EXCEPTING FROM THE ABOVE DESCRIBED 1.1 ACRE PARCEL ALL OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED DATED MAY 22, 1981, FROM THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT RECORDED OCTOBER 20, 1981, INSTRUMENT NO. 81-232717, OFFICIAL RECORDS, DESCRIBED IN SAID DEED FOR REFERENCE AS FOLLOWS: A PARCEL OF LAND IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, BEING THAT PORTION OF THAT CERTAIN 1.1 ACRE PARCEL OF LAND DESCRIBED IN DEED TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY RECORDED IN BOOK 2036, PAGE 36, OFFICIAL RECORDS OF SAID COUNTY, IN LOT 9 OF "A SUBDIVISION OF LOT 10 OF THE CUCAMONGA VINEYARD TRACT", AS SAID SUBDIVISION IS SHOWN ON MAP RECORDED IN BOOK 20 OF MAPS, PAGE 44, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID 1.1 ACRE PARCEL; THENCE NORTH 44 DEG. 17' 54" WEST (BEARING ASSUMED FOR THE PURPOSE OF THIS DESCRIPTION) ALONG THE NORTHEASTERLY LINE OF SAID 1.1 ACRE PARCEL, 230.69 FEET TO THE NORTHEASTERLY CORNER OF SAID 1.1 ACRE PARCEL; THENCE NORTH 89 DEG. 57' 21" WEST ALONG THE NORTHERLY LINE OF SAID 1.1 ACRE PARCEL, 14.02 FEET; THENCE SOUTH 43 DEG. 39' 25" EAST, 226.37 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID 1.1 ACRE PARCEL; THENCE EASTERLY ALONG SAID SOUTHERLY LINE, BEING ALONG THE ARC OF A CURVE FROM WHEN A RADIAL BEARS SOUTH 3 DEG. 59' 26" WEST, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 5779.65 FEET, THROUGH A CENTRAL ANGLE OF 0 DEG. 11' 15", A DISTANCE OF 18.91 FEET TO POINT OF BEGINNING. Resolution No. XX-XXX— Page 5 of 8 Page 96 ALSO EXCEPTING FROM HEREINABOVE PARCEL NO. 2, ALL MINERALS CONTAINED IN THE ABOVE-DESCRIBED LAND, INCLUDING, WITHOUT LIMITING THE GENERALITY THEREOF, OIL, GAS AND OTHER HYDROCARBON SUBSTANCES, AS WELL AS METALLIC OR OTHER SOLID MINERALS, PROVIDED THAT SANTA FE SHALL NOT HAVE THE RIGHT TO GO UPON OR USE THE SURFACE OF SAID LANDS, OR ANY PART THEREOF, FOR THE PURPOSE OF DRILLING FOR, MINING, OR OTHERWISE REMOVING,ANY OF SAID MINERALS, SANTA FE MAY, HOWEVER AND HEREBY RESERVES THE RIGHT TO, REMOVE ANY OF SAID MINERALS FROM SAID LAND BY MEANS OF WELLS, SHAFTS, TUNNELS, OR OTHER MEANS OF ACCESS TO SAID MINERALS WHICH MAY BE CONSTRUCTED, DRILLED OR DUG FROM OTHER LAND, PROVIDED THAT THE EXERCISE OF SUCH RIGHTS BY SANTA FE SHALL IN NO WAY INTERFERE WITH OR IMPAIR THE USE OF THE SURFACE OF SAID LAND OR OF ANY IMPROVEMENTS THEREON, AS RESERVED BY THE CLURMAN COMPANY, INC., A CALIFORNIA CORPORATION, IN GRANT DEED RECORDED MAY 13, 1994, INSTRUMENT NO. 94-221520, OFFICIAL RECORDS. Assessor's Parcels Numbers of the Property: 0209-013-13-0-000 & 0209-013-44-0-000 Resolution No. XX-XXX— Page 6 of 8 Page 97 Exhibit B Description of the District Improvements Fiscal Year 2020/21 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 Case No. DRC2018-00430: 0 Street lights Resolution No. XX-XXX— Page 7 of 8 Page 98 Exhibit C Proposed Annual Assessment Fiscal Year 2020/21 Street Light Maintenance District No.1 (Arterial Streets): The rate per Equivalent Benefit Unit (EBU) is $17.77 for the fiscal year 2019/20. The following table summarizes the assessment rate for Street Light Maintenance District No.1 (Arterial Streets) for Case No. DRC2018-00430: EBU Rate per Land Use Basis Factor* 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: 1.56 Acres x 2.00 EBU Factor x $17.77 Rate per EBU = $55.44 Annual Assessment Resolution No. XX-XXX— Page 8 of 8 Page 99 ATTACHMENT #4 RESOLUTION NO. XX - 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. 6 (COMMERCIAL INDUSTRIAL) FOR CASE NO. DRC2018-00430 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. 6 (Commercial Industrial)(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 8 Page 100 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 day of 2020. Resolution No. XX-XXX— Page 2 of 8 Page 101 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: RICHARD COLLINS JR., TRUSTEE OF THE COLLINS FAMILY TRUST OF 2019 The legal description of the Property is: PARCEL NO. 1: LOT 9, ACCORDING TO PLAT OF SUBDIVISION OF LOT 10 OF CUCAMONGA VINEYARD TRACT, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 20 OF MAPS, PAGE 44, RECORDS OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION OF SAID LOT 9, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY'S RIGHT OF WAY 100 FEET WIDE AS SAID RIGHT OF WAY IS DESCRIBED IN DEED TO CALIFORNIA RAILWAY COMPANY DATED SEPTEMBER 4, 1888, AND RECORDED IN VOLUME 83 OF DEEDS, PAGE 178, RECORDS OF SAID COUNTY, WITH THE EASTERLY LINE OF VINEYARD AVENUE (60 FEET WIDE); THENCE NORTH 0° 12' 50" EAST, ALONG SAID EASTERLY LINE 150.00 FEET; THENCE SOUTH 88° 47' 10" EAST, AT RIGHT ANGLES, 245 FEET, MORE OR LESS, TO THE SOUTHWESTERLY LINE OF THAT CERTAIN STRIP OF LAND (150 FEET WIDE) DESCRIBED IN DEED FROM L. F. LUCAS TO SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, RECORDED IN BOOK 1662, PAGE 246, OFFICIAL RECORDS; THENCE SOUTH 44' 09' 50" EAST ALONG SAID SOUTHWESTERLY LINE 240 FEET, MORE OR LESS, TO SAID NORTHERLY LINE OF RAILWAY RIGHT OF WAY; THENCE WESTERLY ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 415 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LOT 9, LYING EASTERLY AND NORTHERLY OF THE WESTERLY AND SOUTHERLY LINES OF THE PROPERTY CONVEYED TO SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, A BODY CORPORATE AND POLITIC BY DEED RECORDED JANUARY 30, 1979 IN BOOK 9611, PAGE 694, OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION OF LOT 9, CONVEYED TO THE CITY OF RANCHO CUCAMONGA, BY DEED RECORDED JANUARY 21, 1981, INSTRUMENT NO. 81-14591, OFFICIAL RECORDS. PARCEL NO. 2: Resolution No. XX-XXX— Page 3 of 8 Page 102 A PARCEL OF LAND SITUATED IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, BEING A PORTION OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN DEED DATED FEBRUARY 11, 1948 FROM AGENES T. BONESS, ET AL., TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY RECORDED MARCH 8, 1948, IN BOOK 2036, PAGE 36 ET SEQ. OF THE RECORDS OF SAID SAN BERNARDINO COUNTY, DESCRIBED FOR REFERENCE AS FOLLOWS: AN IRREGULAR SHAPED PARCEL OF LAND NEAR CUCAMONGA, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, BEING A PORTION OF LOT 9, OF "A SUBDIVISION OF LOT 10 OF THE CUCAMONGA VINEYARD TRACT" AS SHOWN ON PLAT RECORDED IN BOOK 20 OF MAPS, PAGE 44, RECORDS OF SAID COUNTY, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY'S RIGHT OF WAY 100 FEET WIDE AS SAID RIGHT OF WAY IS DESCRIBED IN DEED TO CALIFORNIA CENTRAL RAILWAY COMPANY DATED SEPTEMBER 4, 1888, AND RECORDED IN VOLUME 83 OF DEEDS, PAGE 178, RECORDS OF SAID COUNTY, WITH THE EASTERLY LINE OF VINEYARD AVENUE (60 FEET WIDE); THENCE NORTH 0° 12' 50" EAST, ALONG SAID EASTERLY LINE 150.00 FEET; THENCE SOUTH 88° 47' 10" EAST, AT RIGHT ANGLES, 245 FEET, MORE OR LESS, TO THE SOUTHWESTERLY LINE OF THAT CERTAIN STRIP OF LAND (150 FEET WIDE) DESCRIBED IN DEED FROM L. F. LUCAS TO SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT RECORDED IN BOOK 1662, PAGE 246, OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTH 44' 12' 50" EAST, ALONG SAID SOUTHWESTERLY LINE 240 FEET, MORE OR LESS, TO SAID NORTHERLY LINE OF RAILWAY RIGHT OF WAY; THENCE WESTERLY ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 415 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ALL THAT PORTION THEREOF DESCRIBED IN DEED DATED JULY 21, 1981, FROM THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY TO THE CITY OF RANCHO CUCAMONGA RECORDED OCTOBER 8, 1981, INSTRUMENT NO. 81-223339, OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, DESCRIBED IN SAID DEED FOR REFERENCE AS FOLLOWS: A PARCEL OF LAND IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, IN THE SOUTHWEST 1/4 OF SECTION 10, TOWNSHIP I SOUTH, RANGE 7 WEST, SAN BERNARDINO BASE AND MERIDIAN, BEING THAT PORTION OF THAT CERTAIN 1.1. ACRE PARCEL OF LAND DESCRIBED IN DEED TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, RECORDED IN BOOK 2036, PAGE 36, OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF VINEYARD AVENUE (60 FEET WIDE)AS SAID AVENUE ON MAP ENTITLED "PLAT OF A Resolution No. XX-XXX— Page 4 of 8 Page103 SUBDIVISION OF LOT 10 CUCAMONGA VINEYARD TRACT", RECORDED IN BOOK 20 OF MAPS, PAGE 44, RECORDS OF SAID COUNTY, WITH THE NORTHERLY LINE OF SAID RAILWAY COMPANY'S 100-FOOT WIDE PROPERTY AS SAID PROPERTY IS DESCRIBED IN DEED TO CALIFORNIA CENTRAL RAILWAY COMPANY (PREDECESSOR IN INTEREST TO FIRST SAID RAILWAY COMPANY), RECORDED IN VOLUME 83 OF DEEDS, PAGE 178, RECORDS OF SAID COUNTY, SAID INTERSECTION BEING ALSO THE SOUTHWEST CORNER OF SAID 1.1. ACRES PARCEL; THENCE NORTH 00 DEG. 02' 39" EAST (BEARING ASSUMED FOR PURPOSE OF THIS DESCRIPTION)ALONG THE WESTERLY LINE OF SAID 1.1 ACRE PARCEL 150.00 FEET TO THE NORTHWESTERLY CORNER OF SAID 1.1. ACRE PARCEL; THENCE SOUTH 89 DEG. 57' 21" EAST ALONG THE NORTHERLY LINE OF SAID 1.1 ACRES PARCEL, 22.94 FEET; THENCE SOUTH I DEG. 40' 01" WEST, 150.12 FEET TO A POINT IN THE NORTHERLY LINE OF SAID 100-FOOT WIDE PROPERTY; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID I00-FOOT WIDE PROPERTY, BEING ALONG THE ARC OF A CURVE FROM WHICH A RADIAL BEARS SOUTH 00 DEG. 16'47" WEST, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 5779.65 FEET, THROUGH A CENTRAL ANGLE OF 00 DEG. 11' 07", A DISTANCE OF 18.68 FEET TO POINT OF BEGINNING. ALSO, EXCEPTING FROM THE ABOVE DESCRIBED 1.1 ACRE PARCEL ALL OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED DATED MAY 22, 1981, FROM THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT RECORDED OCTOBER 20, 1981, INSTRUMENT NO. 81-232717, OFFICIAL RECORDS, DESCRIBED IN SAID DEED FOR REFERENCE AS FOLLOWS: A PARCEL OF LAND IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, BEING THAT PORTION OF THAT CERTAIN 1.1 ACRE PARCEL OF LAND DESCRIBED IN DEED TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY RECORDED IN BOOK 2036, PAGE 36, OFFICIAL RECORDS OF SAID COUNTY, IN LOT 9 OF "A SUBDIVISION OF LOT 10 OF THE CUCAMONGA VINEYARD TRACT", AS SAID SUBDIVISION IS SHOWN ON MAP RECORDED IN BOOK 20 OF MAPS, PAGE 44, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID 1.1 ACRE PARCEL; THENCE NORTH 44 DEG. 17' 54" WEST (BEARING ASSUMED FOR THE PURPOSE OF THIS DESCRIPTION) ALONG THE NORTHEASTERLY LINE OF SAID 1.1 ACRE PARCEL, 230.69 FEET TO THE NORTHEASTERLY CORNER OF SAID 1.1 ACRE PARCEL; THENCE NORTH 89 DEG. 57' 21" WEST ALONG THE NORTHERLY LINE OF SAID 1.1 ACRE PARCEL, 14.02 FEET; THENCE SOUTH 43 DEG. 39' 25" EAST, 226.37 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID 1.1 ACRE PARCEL; THENCE EASTERLY ALONG SAID SOUTHERLY LINE, BEING ALONG THE ARC OF A CURVE FROM WHEN A RADIAL BEARS SOUTH 3 DEG. 59' 26" WEST, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 5779.65 FEET, THROUGH A CENTRAL ANGLE OF 0 DEG. 11' 15", A DISTANCE OF 18.91 FEET TO POINT OF BEGINNING. Resolution No. XX-XXX— Page 5 of 8 Page 104 ALSO EXCEPTING FROM HEREINABOVE PARCEL NO. 2, ALL MINERALS CONTAINED IN THE ABOVE-DESCRIBED LAND, INCLUDING, WITHOUT LIMITING THE GENERALITY THEREOF, OIL, GAS AND OTHER HYDROCARBON SUBSTANCES, AS WELL AS METALLIC OR OTHER SOLID MINERALS, PROVIDED THAT SANTA FE SHALL NOT HAVE THE RIGHT TO GO UPON OR USE THE SURFACE OF SAID LANDS, OR ANY PART THEREOF, FOR THE PURPOSE OF DRILLING FOR, MINING, OR OTHERWISE REMOVING,ANY OF SAID MINERALS, SANTA FE MAY, HOWEVER AND HEREBY RESERVES THE RIGHT TO, REMOVE ANY OF SAID MINERALS FROM SAID LAND BY MEANS OF WELLS, SHAFTS, TUNNELS, OR OTHER MEANS OF ACCESS TO SAID MINERALS WHICH MAY BE CONSTRUCTED, DRILLED OR DUG FROM OTHER LAND, PROVIDED THAT THE EXERCISE OF SUCH RIGHTS BY SANTA FE SHALL IN NO WAY INTERFERE WITH OR IMPAIR THE USE OF THE SURFACE OF SAID LAND OR OF ANY IMPROVEMENTS THEREON, AS RESERVED BY THE CLURMAN COMPANY, INC., A CALIFORNIA CORPORATION, IN GRANT DEED RECORDED MAY 13, 1994, INSTRUMENT NO. 94-221520, OFFICIAL RECORDS Assessor's Parcels Numbers of the Property: 0209-013-13-0-000 & 0209-013-44-0 Resolution No. XX-XXX— Page 6 of 8 Page105 Exhibit B Description of the District Improvements Fiscal Year 2020/21 Street Light Maintenance District No. 6 (Commercial Industrial): Street Light Maintenance District No. 6 (the "Maintenance District") is used to fund the maintenance and/or installation of street lights and traffic signals located on commercial and industrial streets throughout the City but excluding those areas already in a local maintenance district. Generally, this area encompasses the industrial area of the City south of Foothill Boulevard The sites maintained by the district consist of street lights on industrial or commercial streets and traffic signals (or a portion thereof) on industrial or commercial streets generally south of Foothill Boulevard. Proposed additions to the Improvements for Project Case No. DRC2018-00430: 0 Street lights Resolution No. XX-XXX— Page 7 of 8 Page 106 Exhibit C Proposed Annual Assessment Fiscal Year 2020/21 Street Light Maintenance District No. 6 (Commercial Industrial): The rate per Equivalent Benefit Unit (EBU) is $51.40 for the fiscal year 2019/20. The following table summarizes the assessment rate for Street Light Maintenance District No. 6 (Commercial Industrial) for Case No. DRC2018-00430: EBU Rate per Land Use Basis Factor* EBU* Commercial/ Industrial Acre 1.00 $51.40 The proposed annual assessment for the property described in Exhibit A is as follows: 1.56 Acres x 1.00 EBU Factor x $51.40 Rate per EBU = $80.18 Annual Assessment Resolution No. XX-XXX— Page 8 of 8 Page 107 CITY OF RANCHO CUCAMONGA DATE: September 16, 2020 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 Gianfranco Laurie, Senior Civil Engineer Romeo M. David, Associate Engineer SUBJECT: Consideration to Accept as Complete, File the Notice of Completion and Authorize Release of Retention, Bonds for the Fiscal Year 2019/20 Local Slurry Seal Pavement Rehabilitation Project. RECOMMENDATION: Staff recommends that the City Council: 1. Accept the Fiscal Year 2019/20 Local Slurry Seal Pavement Rehabilitation, Contract No. 20-032 (Project), as complete. 2. Approve the final contract amount of$177,991; 3. Authorize the release of the Faithful Performance Bond 35 days after recordation of Notice of Completion and accept a Maintenance Guarantee Bond; 4. Authorize the release of the Labor and Materials Bond in the amount of $196,232, six months after the recordation of said notice if no claims have been received. 5. Authorize the City Engineer to file a Notice of Completion and release of the project retention, 35 days after recordation of Notice of Completion; and 6. Authorize the City Engineer to approve the release of the Maintenance Bond one year following the filing of the Notice of Completion if the improvements remain free from defects in material and workmanship. BACKGROUND: On April 15, 2020, the City Council awarded a construction contract to All American Asphalt, Inc., in the amount of$196,232 plus 10% contingency in the amount of$19,623 for the construction of the Project. A vicinity map illustrating the various neighborhood streets (Windrows Area) that received slurry seal is included as Attachment 1. A copy of the April 15, 2020, City Council Staff Report is on file with the City Clerk. The scope of work consists of weed kill, routing and crack sealing, application of slurry seal, protecting existing utilities, installation of pavement markers and striping and related items of work per plans. Page 1 of 2 Page 108 ANALYSIS: The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. The net decrease in the total cost of the project is a result of one (1) Change Order, the final balancing statement, which is summarized below: Change Order No.1: The balancing statement for the project. The balancing statement conforms the final contract quantities to the actual quantities placed or constructed during the contract. The notable change is a deduct in the amount ($18,241) resulting from a deduction in the final quantities of Slurry Seal placed. At the end of the one-year maintenance period, if the improvements remain free from defects in materials and workmanship, the City Clerk will release the Maintenance Bond upon approval by the City Engineer. FISCAL IMPACT: A total of $270,425 was budgeted in Fiscal Year 2019/20 from Measure I Funds (Fund 176 and Fund 177), all of which are identified under Capital Improvement Project Account No's. and in the amount listed below. Account No. Funding Source Description Amount 11763035650/1022176-0 Measure I Fund 176 Local Street Rehab $200,000 11773035650/1022177-0 Measure I Fund 177 Local Street Rehab $70,425 Total Project Funding = $270,425 The final project cost is $232,510 as shown below: Expenditure Amount Final Construction Contract $177,991 Construction Inspection Services $36,729 Construction Materials Testing $17,790 Total Project Cost = $232,510 A total of $37,915 is remaining in the budget for this project and will be returned to the Measure I Fund (Fund 177) fund balance to be used for future capital improvement projects. COUNCIL GOAL(S) ADDRESSED: This item addresses the City Council's vision for the City by ensuring the construction of high quality public improvements that promote a world class community. ATTACHMENTS: Attachment 1 —Vicinity Map Page 2 of 2 Page 109 ATTACHMENT 1 FY 2019-20 Slurry Seal Pavement Rehabilitation Project Vicinity Map NOT TO SCALE l i Wi • S 1 W / 3 3 • Almond St beer Creek 1` Channel I I } Hillside Rd Hlllslde Rd [4+Ilside Rff 4 y I ' Creyy� } r yd4l5on Ave I WlPson Ave n �•�; • Thero-eq}�pred`' y Chaffey • � CollegeSchaol •• Y • x afi Banyan St Banyan St `�BanyvjSt M Cater •• Leman Ave Lemon Ave �inta9t vin 8asirr' rd < n Alta Loma DF i _ Alta Loma Proiect Slte LL • C * rt LA Victoria S[ Grapeland Etiwanda, 'r m c Upland Hills ` ° `m * m Base,Line Rd @ a a I Country Club a +Y a !Ea w •! q O N ! y E « C IGth St I a q t _ tJ m 15 f s fZdfl{M9 Q C' a ° Cu�arrionga �" row Hwy y { Arrow Rte Arrow Rte 1 { a ro I 2 m 9th St m10 North Jersey Blvd Whittraln Ave u user E Uth?p • 8th St Cucarnanga I �t �f►gda5t E 7th St y z ❑ t6 @ *� � � y i Q • E 6th St ° 1 < &th St ° I ° o m ■• E _ �} v � E dth�5t rn • . . . —"yt. . . yy} '.w . Fwlt"5t• 4 San Bernardino Ave Project Site N Page 110 CITY OF RANCHO CUCAMONGA DATE: September 16, 2020 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 Gianfranco Laurie, Senior Civil Engineer SUBJECT: Consideration of a Resolution Adopting the Measure "I" Five-Year Capital Project Needs Analysis covering Fiscal Years 2021/2026. (RESOLUTION NO. 2020-103). RECOMMENDATION: Staff recommends that the City Council adopt the attached resolution approving the Measure "I" Five- Year Capital Project Needs Analysis (CPNA) covering Fiscal Years 2021/2026. BACKGROUND: Measure "1" 2010-2040, the county-wide transportation sales tax program approved by voters, requires each local jurisdiction receiving revenue from the Valley Major Street and Freeway Interchange Programs to annually adopt and update a Five-Year Capital Project Needs Analysis which outlines the specific projects upon which Measure "I" Major Street and Freeway Interchange Program funds will be expended. ANALYSIS: Staff has prepared the Five-Year Capital Project Needs Analysis for consideration by the City Council for adoption. Upon adoption, the CPNA will be kept on file with the San Bernardino County Transportation Authority (SBCTA) for informational purposes. The CPNA consists of a list of eligible capital improvement projects along with their anticipated costs that have been or are expected to be constructed during the upcoming five years. Upon completion of a project in the Plan, the City may seek reimbursement for the Measure "I" share of the project costs based on the availability of funds allocated to the City. Funds are allocated to the City by the SBCTA Board on an annual basis and roll-over if not fully expended. The CPNA includes the construction of two widening projects and traffic signal improvements at seven locations. A copy of the Vicinity Map is included in the staff report. FISCAL IMPACT: Approval of this item will meet SBCTA Five-Year Capital Needs Analysis requirements allowing the City to seek reimbursement of eligible expenses in line with SBCTA policy. COUNCIL MISSION /VISION / GOAL(S) ADDRESSED: This item addresses the City Council's vision for the City by ensuring the construction of high-quality public improvements that promote a world class community. ATTACHMENTS: Attachment 1 - Resolution No. 2020-103 Page 111 ATTACHMENT 1 RESOLUTION NO. 2020-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, STATE OF CALIFORNIA, ADOPTING THE MEASURE "I" FIVE YEAR CAPITAL PROJECT NEEDS ANALYSIS FOR FISCAL YEARS 2021/2022 THROUGH 2025/2026 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 certain Measure "I" Programs to annually adopt and update a Five-Year Capital Project Needs Analysis. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, HEREBY RESOLVES to adopt the Measure "I" Five-Year Capital Project Needs Analysis for Fiscal Years 2021/2022 through 2025/2026, a copy of which is attached to this resolution. PASSED, APPROVED, AND ADOPTED this 16th day of September 2020. Resolution No. 2020-XXX — Page 1 of 1 Page 112 ATTACHMENT 2 NO. ISTREET&LIMITS IMPROVEMENT COST ESTIMATE FY START STATUS Valle Arterial Sub-Pro ram 1 Wilson Ave from East Ave to Wardman Bullock Rd new street $ 7,434,218 06/07 Post Construction 2 Victoria St from Etiwanda High School to 1-15 ECL widening, sidewalk and rehabilitation $ 412,341 13/14 Post Construction 3 Carnelian St at Banyan St install new traffic signal $ 600,297 14/15 Post Construction 4 6th St at Utica Ave install new traffic signal $ 595,946 14/15 Post Construction 5 6th St at Rochester Ave install new traffic signal $ 738,737 16/17 Post Construction 6 Rochester Ave at Jersey Blvd install new traffic signal $ 738,737 16/17 Post Construction 7 East Ave at Miller Ave install new traffic signal $ 738,737 16/17 Post Construction 8 Milliken Ave at 5th St install new traffic signal $ 738,737 16/17 Post Construction 9 6th St at Hellman Ave install new traffic signal $ 709,133 20/21 Construction Total: $ 12,706,883 Note: See individual work sheets for funding years Note: Measure"I"Financial Public Share responsibility shall be 71.3%of actual cost for eligible expenditures Contact: Gianfranco Laurie,Senior Civil Engineer 909 774-4037 Page 113 Capital Project Needs Analysis Agency: Rancho Cucamonga Program: Valley Arterial Sub-Program Project Name: Widen Wilson Ave from East Ave to Wardman/Bulloch from 0 to 4 lanes Agency Project Name: Wilson Ave Extension Agency reported Total Project Cost: $7,434,218 Escalation Factor(%): Actual Prior Year dollars and escalated costs in subsequent years(not in 1,OOOs) Public Share: 71.30% 1 Dev. Share: 28.70% Funding Prior FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 Future Total Nexus Total Project Cost PA&ED MI ART 117,650 0 0 0 0 0 0 117,650 (All phases): 6,000,000 DEV FEE 47,350 0 0 0 0 0 0 47,350 Total 165,000 0 0 0 0 0 0 165,000 Total Presented Funding PS&E MI ART 528,007 0 0 0 0 0 0 528,007 (Prior-FY25/26): DEV FEE 212,534 0 0 0 0 0 0 212,534 7,434,218 Total 740,541 0 0 0 0 0 0 740,541 Total Measure I Request ROW MI ART 44,451 0 0 563,988 0 0 0 608,439 (Prior-FY25/26): DEV FEE 17,657 0 0 227,019 0 0 0 244,676 5,399,271 MI LOCAL 247 0 0 0 0 0 0 247 STREET Total 62,355 0 0 791,007 0 0 0 853,362 CONST MI ART 2,508,9901 794,856 621,582 121,073 0 0 0 4,046,501 DEV FEE 999,610 319,949 162,093 48,735 0 0 0 1,530,387 MI LOCAL 10,318 0 88,109 0 0 0 0 98,427 STREET Total 3,518,918 1,114,805 871,784 169,808 01 0 0 5,675,315 Total 4,486,8141 1,114,805 871,784 960,815 0 0 0 7,434,218 'Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including FY 20/21 expenses. Project Comments: Project Comments Last Update: 9/3/2020 4:38:06 PM Reference: Measure I Policy 40006 Page 114 Capital Project Needs Analysis Agency: Rancho Cucamonga Program: Valley Arterial Sub-Program Project Name: Widen Victoria Ave from EHS to 1-15 Agency Project Name: Victoria Ave Street Improvements Agency reported Total Project Cost: $412,341 Escalation Factor(%): Actual Prior Year dollars and escalated costs in subsequent years(not in 1,OOOs) Public Share: 71.30% 1 Dev. Share: 28.70% Funding Prior FY 21/22 FY 22/23 FY 23/24 1 FY 24/25 FY 25/26 Future Total Nexus Total Project Cost PA&ED Total (All phases): 305,000 Total Presented Funding PS&E MI ART 11,864 0 0 0 0 0 0 11,864 (Prior-FY25/26): MI LOCAL 4,305 0 0 0 0 0 0 4,305 412,341 STREET DEV FEE 471 0 0 0 0 0 0 471 Tota 11 16,6401 01 01 01 01 01 01 16,640 Total Measure I Request ROW Total 0 (Prior-FY25/26): 411,870 CONST MI ART 282,135 0 0 0 0 0 0 282,135 MI LOCAL 113,566 0 0 0 0 0 0 113,566 STREET Total 395,701 0 0 0 0 0 0 395,701 Total 412,341 01 01 0 0 0 01 412,341 *Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including FY 20/21 expenses. Project Comments: Project Comments Last Update: 9/3/2020 4:56:24 PM Reference: Measure I Policy 40006 Page 115 Capital Project Needs Analysis Agency: Rancho Cucamonga Program: Valley Arterial Sub-Program Project Name: Construct a Traffic Signal at the Intersection of Rochester and Jersey Agency Project Name: Rochester and Jersey Traffic Signal Improvement Agency reported Total Project Cost: $738,737 Escalation Factor(%): Actual Prior Year dollars and escalated costs in subsequent years(not in 1,OOOs) Public Share: 71.30% 1 Dev. Share: 28.70% Funding Prior FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 Future Total Nexus Total Project Cost PA&ED Total (All phases): 350,000 Total Presented Funding PS&E MI ART 9,804 0 0 0 0 0 0 9,804 (Prior-FY25/26): DEV FEE 3,946 0 0 0 0 0 0 3,946 738,737 Total 13,750 0 0 0 0 0 0 13,750 Total Measure I Request ROW Total 0 (Prior-FY25/26): 526,720 CONST MI ART 516,916 0 0 0 0 0 0 516,916 DEV FEE 208,071 0 0 0 0 0 0 208,071 Total 724,987 0 0 0 0 0 0 724,987 Total 738,737 0 0 0 0 0 0 738,737 *Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including FY 20/21 expenses. Project Comments: Project Comments Last Update: 9/3/2020 4:50:48 PM Reference: Measure I Policy 40006 Page 116 Capital Project Needs Analysis Agency: Rancho Cucamonga Program: Valley Arterial Sub-Program Project Name: Construct a Traffic Signal at the Intersection of Milliken and 5th Agency Project Name: Milliken and 5th Traffic Signal Improvement Agency reported Total Project Cost: $738,737 Escalation Factor(%): Actual Prior Year dollars and escalated costs in subsequent years(not in 1,OOOs) Public Share: 71.30% 1 Dev. Share: 28.70% Funding Prior FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 Future Total Nexus Total Project Cost PA&ED Total (All phases): 350,000 Total Presented Funding PS&E MI ART 9,804 0 0 0 0 0 0 9,804 (Prior-FY25/26): DEV FEE 3,946 0 0 0 0 0 0 3,946 738,737 Total 13,750 0 0 0 0 0 0 13,750 Total Measure I Request ROW Total 0 (Prior-FY25/26): 526,720 CONST MI ART 516,916 0 0 0 0 0 0 516,916 DEV FEE 208,071 0 0 0 0 0 0 208,071 Total 724,987 0 0 0 0 0 0 724,987 Total 738,737 0 0 0 0 0 0 738,737 *Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including FY 20/21 expenses. Project Comments: Project Comments Last Update: 9/3/2020 4:51:34 PM Reference: Measure I Policy 40006 Page 117 Capital Project Needs Analysis Agency: Rancho Cucamonga Program: Valley Arterial Sub-Program Project Name: Construct a Traffic Signal at the Intersection of East and Miller Agency Project Name: East and Miller Traffic Signal Improvement Agency reported Total Project Cost: $738,737 Escalation Factor(%): Actual Prior Year dollars and escalated costs in subsequent years(not in 1,OOOs) Public Share: 71.30% 1 Dev. Share: 28.70% Funding Prior FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 Future Total Nexus Total Project Cost PA&ED Total (All phases): 350,000 Total Presented Funding PS&E MI ART 9,804 0 0 0 0 0 0 9,804 (Prior-FY25/26): DEV FEE 3,946 0 0 0 0 0 0 3,946 738,737 Total 13,750 0 0 0 0 0 0 13,750 Total Measure I Request ROW Total 0 (Prior-FY25/26): 526,720 CONST MI ART 516,916 0 0 0 0 0 0 516,916 DEV FEE 208,071 0 0 0 0 0 0 208,071 Total 724,987 0 0 0 0 0 0 724,987 Total 738,737 0 0 0 0 0 0 738,737 *Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including FY 20/21 expenses. Project Comments: Project Comments Last Update: 9/3/2020 4:52:17 PM Reference: Measure I Policy 40006 Page 118 Capital Project Needs Analysis Agency: Rancho Cucamonga Program: Valley Arterial Sub-Program Project Name: Construct a Traffic Signal at the Intersection of Camelian and Banyan Agency Project Name: Carnelian at Banyan Traffic Signal Improvement Agency reported Total Project Cost: $600,297 Escalation Factor(%): Actual Prior Year dollars and escalated costs in subsequent years(not in 1,OOOs) Public Share: 71.30% 1 Dev. Share: 28.70% Funding Prior FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 Future Total Nexus Total Project Cost PA&ED Total (All phases): 363,000 Total Presented Funding PS&E MI ART 8,749 0 0 0 0 0 0 8,749 (Prior-FY25/26): DEV FEE 3,522 0 0 0 0 0 0 3,522 600,297 Total 12,271 0 0 0 0 0 0 12,271 Total Measure I Request ROW Total 0 (Prior-FY25/26): 428,012 CONST MI ART 419,263 0 0 0 0 0 0 419,263 DEV FEE 168,763 0 0 0 0 0 0 168,763 Total 588,026 0 0 0 0 0 0 588,026 Total 600,297 0 0 0 0 0 0 600,297 *Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including FY 20/21 expenses. Project Comments: Project Comments Last Update: 9/3/2020 4:53:49 PM Reference: Measure I Policy 40006 Page 119 Capital Project Needs Analysis Agency: Rancho Cucamonga Program: Valley Arterial Sub-Program Project Name: Construct a Traffic Signal at the Intersection of 6th and Utica Agency Project Name: 6th St at Utica Traffic Signal Improvement Agency reported Total Project Cost: $595,946 Escalation Factor(%): Actual Prior Year dollars and escalated costs in subsequent years(not in 1,OOOs) Public Share: 71.30% 1 Dev. Share: 28.70% Funding Prior FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 Future Total Nexus Total Project Cost PA&ED Total (All phases): 363,000 Total Presented Funding PS&E MI ART 5,647 0 0 0 0 0 0 5,647 (Prior-FY25/26): DEV FEE 2,273 0 0 0 0 0 0 2,273 595,946 Total 7,920 0 0 0 0 0 0 7,920 Total Measure I Request ROW Total 0 (Prior-FY25/26): 424,910 CONST MI ART 419,263 0 0 0 0 0 0 419,263 DEV FEE 168,763 0 0 0 0 0 0 168,763 Total 588,026 0 0 0 0 0 0 588,026 Total 595,946 0 0 0 0 0 0 595,946 *Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including FY 20/21 expenses. Project Comments: Project Comments Last Update: 9/3/2020 4:54:29 PM Reference: Measure I Policy 40006 Page 120 Capital Project Needs Analysis Agency: Rancho Cucamonga Program: Valley Arterial Sub-Program Project Name: Construct a Traffic Signal at the Intersection of 6th and Rochester Agency Project Name: 6th and Rochester Traffic Signal Improvement Agency reported Total Project Cost: $738,737 Escalation Factor(%): Actual Prior Year dollars and escalated costs in subsequent years(not in 1,OOOs) Public Share: 71.30% 1 Dev. Share: 28.70% Funding Prior FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 Future Total Nexus Total Project Cost PA&ED Total (All phases): 350,000 Total Presented Funding PS&E MI ART 9,804 0 0 0 0 0 0 9,804 (Prior-FY25/26): DEV FEE 3,946 0 0 0 0 0 0 3,946 738,737 Total 13,750 0 0 0 0 0 0 13,750 Total Measure I Request ROW Total 0 (Prior-FY25/26): 526,720 CONST MI ART 516,916 0 0 0 0 0 0 516,916 DEV FEE 208,071 0 0 0 0 0 0 208,071 Total 724,987 0 0 0 0 0 0 724,987 Total 738,737 0 0 0 0 0 0 738,737 *Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including FY 20/21 expenses. Project Comments: Project Comments Last Update: 9/3/2020 4:55:06 PM Reference: Measure I Policy 40006 Page 121 Capital Project Needs Analysis Agency: Rancho Cucamonga Program: Valley Arterial Sub-Program Project Name: Construct a Traffic Signal at the Intersection of 6th and Hellman Agency Project Name: 6th and Hellman Traffic Signal Improvement Agency reported Total Project Cost: $709,133 Escalation Factor(%): Actual Prior Year dollars and escalated costs in subsequent years(not in 1,OOOs) Public Share: 71.30% 1 Dev. Share: 28.70% Funding Prior FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 Future Total Nexus Total Project Cost PA&ED Total (All phases): 350,000 Total Presented Funding PS&E MI ART 35,032 0 0 0 0 0 0 35,032 (Prior-FY25/26): DEV FEE 14,101 0 0 0 0 0 0 14,101 709,133 Total 49,133 0 0 0 0 0 0 49,133 Total Measure I Request ROW Total 0 (Prior-FY25/26): 505,612 CONST MI ART 470,580 0 0 0 0 0 0 470,580 DEV FEE 189,420 0 0 0 0 0 0 189,420 Total 660,000 0 0 0 0 0 0 660,000 Total 709,133 0 0 0 0 0 0 709,133 *Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including FY 20/21 expenses. Project Comments: Project Comments Last Update: 9/3/2020 4:55:45 PM Reference: Measure I Policy 40006 Page 122 ATTACHMENT 3 Q U• Ym � f ♦1 , -_ 3 AVE..w ❑ � �WILSON E. WILSON I'�i____ �L = —-. (; ♦ d rc uc •�I J ?� NST ..■ .S L q � A ♦ IG LAND A NIGNL - 210 HOG LAND -- - A --. i J .3-W VICTORIA ST, : ♦♦ VISTA rn A ST. UPLAND FONTANA W�BAS_INE AVE BASE E�R � U i � g U U U , S� K 0 RD FOOTHILL VD. (SR66)' W U p�ryry W, O W sr k °C• � < ARROV ti0 ,I W 9t > ❑❑ JERSEY Y I h S W VNITTRA AVE 6th STREET I 4 s Y sTREE O`= U I ��.. 4th STREET.8 �WCAR GWSTI P I-f0 FREE Y ONTO MAJOR STREET ARTERIAL PROGRAM O WILSON AVE FROM EAST AVE TO WARDMAN BULLOCK RD O VICTORIA ST FROM ETIWANDA AVE TO ECL (I-15) O3 CARNELIAN ST AT BANYAN ST O4 6TH ST AT UTICA AVE O5 6TH ST AT ROCHESTER AVE O ROCHESTER AVE AT JERSEY BLVD O7 EAST AVE AT MILLER AVE O8 MILLIKEN AVE AT 5TH ST O9 6TH ST AT HELLMAN AVE CITY OF RANCHO CUCAMONGA MEASURE I FIVE-YEAR CPNA FY 2021/22 TO 2025/26 RANCHO CIICAEIONGA PROJECT LOCATIONS Page 123 CITY OF RANCHO CUCAMONGA Olw-- DATE: September 16, 2020 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 SUBJECT: Consideration to Approve a Sole Source Procurement of Traffic Signal Cabinets, Controllers and Related Equipment from Econolite of Anaheim, California. RECOMMENDATION: Staff recommends that the City Council approve a sole source procurement of traffic signal cabinets, controllers and related equipment from Econolite of Anaheim, California. BACKGROUND: City Council approved the purchase of traffic signal cabinets and traffic signal controllers in the FY 2020/2021 budget in the General and Special Funds. These traffic signal cabinets and controllers are used by the Public Works Services Department (PWSD) to replace cabinets and/or controllers damaged as a result of traffic collisions and/or equipment failures. PWSD typically replaces two to four cabinets and controllers annually. The cabinets normally take three months to build and it is in the City's best interest to have cabinets available in stock. In the event we do not have a cabinet in stock, we must install a temporary unit provided by the City contractor to return the signalized intersection to normal operation. The contractor must then return to remove and replace the cabinet a second time when the City provides one. Having the traffic signal cabinets and controllers available in stock reduces our maintenance costs and minimizes additional disruptions to the motoring public. ANALYSIS: Staff is requesting a sole source purchase of nine (9) traffic signal cabinets, five (5) controllers, and related equipment from Econolite to maintain standardization of this equipment. This request will allow the PWSD team to replace four(4)traffic signal cabinets and four(4)controllers this fiscal year because of age and deterioration while creating an inventory for unforeseen circumstances. The Engineering Services Department established the standards and specifications for traffic signals and associated equipment which has been in place for 20 years. The City currently maintains 205 signalized intersections/crossings all of which use the Econolite controllers. Standardization of equipment improves the operation of traffic signal systems, which minimizes the number of replacement parts needed on- hand for maintenance, and it allows staff to gain an in-depth knowledge with the operation and maintenance of the equipment. Additionally, the Econolite system ensures compatibility of the traffic control equipment with the City's Centracs®Advanced Traffic Management Software. Page124 FISCAL IMPACT: The purchase of traffic signal cabinets, controllers and related equipment in an amount not to exceed $190,000 which is within the approved budget for FY 2020/2021 in the General and Special Funds. COUNCIL GOAL(S) ADDRESSED: This item addresses the City Council's goal of Enhancing Public Safety and the City's Premiere Community Status in ensuring well-maintained signalized intersections. ATTACHMENTS: Attachment 1 - Sole Source Justification/Memorandum Page 2 Page 125 CITY OF RANCHO CUCAMONGA SINGLE/SOLE SOURCE JUSTIFICATION FOR PURCHASES $5,000 AND ABOVE R%\, c:l to (�ti .0 irH`it The below information is provided in support of my Department requesting approval for a single/sole source. Outside of a duly declared emergency, the time to develop a statement of work or specifications is not in itself justification for single or sole source. Vendor: Econolite Date: August 27, 2020 Commodity/Service: Traffic signal cabinets, controllers and related equipmenmt p $190,000 Ernest Ruiz Estimated expenditure: Your Name: Extent of market search conducted: Engineering Department standard for traffic signal cabinets,controllers and re ated equipment Price Reasonableness: Yes Does moving forward on this productiservice further obligate the City to future similar contract actual arrangements? No DEFINITIONS: SINGLE SOURCE — a transaction with a business entity that is chosen, without competition, from among two or more business entities capable of supplying or providing the goods or services that meet the specified need. SOLE SOURCE - A transaction with the only business entity capable of supplying or providing the goods or services that meet the specified need. Initial all entries below that apply to the proposed purchase (more than one entry will apply to most single/sole source products/services requested). If needed, attach a memorandum containing complete justification and support documentation as directed in initial entry. THIS IS A SINGLE SOURCE ❑ THIS IS A SOLE SOURCE PURCHASE ✓❑ (check one). 1. ✓ SINGLE/SOLE SOURCE REQUEST IS FOR THE ORIGINAL MANUFACTURER, THERE ARE NO REGIONAL DISTRIBUTORS. (Item no.3 also must also be completed). 2. `� THE PARTS/EQUIPMENT ARE NOT INTERCHANGEABLE WITH SIMILAR PARTS OF ANOTHER MANUFACTURER. (Explain in separate memorandum). D:%TempFiles%Temporary Internet Files%OLK2IC.Sole Source Justification Form(3).doc Page 126 Single/Sole Source Justification Form Page 2 3. THIS IS THE ONLY KNOWN ITEM OR SERVICE THAT WILL MEET THE SPECIALIZED NEEDS OF THIS DEPARTMENT OR PERFORM THE INTENDED FUNCTION. (Attach memorandum with details of specialized function or application). 4. ✓ UNIQUE FEATURES OF THE SUPPLY/SERVICE BEING REQUESTED. THERE IS NO ALTERNATIVE SUPPLIER. (Attach memorandum with reasons why these unique features are and what benefit the City will accrue.) 5. `1 THE PARTS/EQUIPMENT ARE REQUIRED FROM THIS SOURCE TO PERMIT STANDARDIZATION (Attach memorandum describing basis for standardization request). 6. NONE OF THE ABOVE APPLY. A DETAILED EXPLANATION AND JUSTIFICATION FOR THIS SINGLE/SOLE SOURCE REQUEST IS CONTAINED IN ATTACHED MEMORANDUM. The undersigned requests that competitive procurement be waived and that the vendor identified as the supplier of the service or material described in this single/sole source justification be authorized as a single/sole so cWr ��7ial . Department Head: Department: & • • • • • • + • • • Purchasing Department • • • • • • • • • • El APPROVED APPROVED WITH CONDITION/S 0 DISAPPROVE Comments: $5,000-$50,000 A� 09/02/2020 APPROVED BY PURCHASING MANAGER: Date: $50,000—100,000 APPROVED BY CITY MANAGER: Date: $100,000 AND OVER See comments above by Purchasing Division, attach to Council Request CITY COUNCIL ACTION: Date: DATempFiles\Teraporary Internet Files\OLKNOSole Source Justification Form(3).doc 1f1i1147 Page 127 MEMORANDUM PUBLIC WORKS SERVICES DEP:1XEMENT t RANCHO Date: August 27, 2020 CUCAMONGA To: Ruth Cain, Purchasing Manager From: Ernest Ruiz, Streets, Storm Drains and Fleet Superintendent Subject: Econolite-Single Source/Sole Source Justification The Public Works Services Department seeks to purchase traffic signal cabinets, controllers and control equipment complete with all components necessary for replacement from Econolite of Anaheim, California as a single/sole source vendor.The Engineering Services Department is the department responsible for establishing standards and specifications for traffic signals and associated equipment. Similar to other types of systems that the City owns and operates,the City's traffic signal control equipment has been standardized around the NEMA standard and specifically the Econolite platform. Standardization in this equipment improves operation of the traffic signal system by limiting the amount of spare equipment needed on-hand for daily maintenance and emergency repairs, improving proficiency of technical staff by focusing trouble-shooting and operations knowledge on one system, and ensuring compatibility of traffic control equipment with the City's central management software. Having been standardized on the Econolite platform, at this time the majority of the City's traffic signal control equipment is Econolite. As well, the existing and requested Econolite equipment will be compatible with the City's Centracs central management software. If you should have any questions, please contact me at extension 4108. Page 128 Olt, i I DATE: September 16, 2020 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 Gianfranco Laurie, Senior Civil Engineer Sandra Salazar, Associate Engineer SUBJECT: Consideration to Award a Contract to Elecnor Belco Electric, Inc., in the Amount of $101,307, plus a 10% Contingency for the Vineyard Avenue at San Bernardino Road Traffic Signal Modification Project. RECOMMENDATION: Staff recommends that the City Council: 1. Approve the plans and specifications for the Vineyard Avenue at San Bernardino Traffic Signal Modification Project (Project); 2. Accept the bids received for the Project; 3. Award and authorize the execution of a contract to Elecnor Belco Electric, Inc., in the amount of $101,307; as being the lowest responsive bidder; 4. Authorize the expenditure of a 10% contingency in the amount of$10,131; and 5. Authorize a Purchase Order in the amount of $19,800 to Onward Engineering for on- call construction inspection services. BACKGROUND: On August 7, 2019 the City Council awarded a contract for the construction of the Public Safety Facility located at the northwest corner of Vineyard Avenue and San Bernardino Road. The facility will provide a fully functioning community based public safety facility. This facility is projected to increase public safety services to the west end of Rancho Cucamonga. The new Public Safety Facility has prompted modifications to the existing traffic signal at the intersection of Vineyard Avenue and San Bernardino Road. Upgrades to the traffic signal cabinet and equipment are necessary to provide effective emergency vehicle preemption which will increase the efficiency of emergency response times. Engineering staff worked to prepare the contract documents (plans and specifications) for the Project. ANALYSIS: The scope of work consists of, but is not limited to, installation of conduits, wires, pull boxes, traffic signal cabinet, emergency vehicle preemption and related traffic signal equipment. A vicinity map is included as Attachment 1. The Notice Inviting Bids was released to the general contracting community and was published in the Daily Bulletin on August 18, and August 25, 2020. The City Clerk's Office facilitated the formal solicitation for bidding the project. Page 129 On September 1, 2020, the City Clerk's Office received six (6) construction bids. A full bid summary is included as Attachment 2. The Engineer's estimate for the project was$170,000. The apparent low bidder, Elecnor Belco Electric, Inc., submitted a bid in the amount of$101,307. Engineering staff has reviewed all bids received and found all to be complete and in accordance with the bid requirements with any irregularities being inconsequential. Staff has completed the required background investigation and finds the lowest responsive bidder Elecnor Belco Electric Inc., meets the requirements of the bid documents. ENVIRONMENTAL: Staff has determined that the project is Categorically Exempt per Section 15301 "Existing Facilities" subsection (c), Class 1 of the California Environment Quality Act (CEQA). FISCAL IMPACT: Anticipated construction costs are estimated to be as follows: Expenditure Category Amount Construction Contract $101,307 Construction Contract $10,131 Contingency 10% Construction Inspection Services $19,800 Estimated Construction Costs $131,238 A total of $240,000 has been budgeted in Fiscal Year 2020/21 from the Fire Capital Projects (Fund 288) and the Transportation Fund (Fund 124) for design and construction of the Project. A portion of the funds has been spent to pay for the required advertising of the Project therefore, an amount of$238,379 remains available to cover this contract under the Capital Project Account No. below: Account No. Funding Source Description Amount 11243035650/1994124-0 Transportation Traffic Signal Mod: $88,379 Fund 124 Vineyard @ SB 32885015650/1994288-0 Fire Protection Traffic Signal Mod: $150,000 Capital Fund 288 Vineyard @ SB Total Project Funding $238,379 COUNCIL GOAL(S) ADDRESSED: This item addresses the City Council's vision for the City by ensuring the construction of high-quality public improvements that promote a world class community. This also supports the goal for a timely, efficient and effective response and enhanced public safety for the community. ATTACHMENTS: Attachment 1 —Vicinity Map Attachment 2 — Bid Summary Page 2 Page 130 ATTACHMENT 1 VINEYARD AT SAN BERNARDINO TRAFFIC SIGNAL MODIFICATION PROJECT VICINITY MAP NOT TO SCALE C� E V ? � _ L r` b � San Bernardino Rd a a� Chamber of qie Cnmmeree c° Albertson5 Family 5pvrt5 F` Center (a 3 ti UPS Store Histol Winery MTh omasiwine olive Tree❑r Incyde Jack in the box iailor) Wendy's Bicycles Plara Plexa S6 Cricket Wireless Timberkine L 4 v _ t b �^ V Project 0 A N Page 131 ATTACHMENT 2 BID SUMMARY FOR BID OPENING SEPTEMBER 1,2020 APPARENT LOW BIDDER 2 3 4 5 6 VINEYARD AVENUE AT SAN BERNARDINO ROAD TRAFFIC SIGNAL MODIFICATION PROJECT Elecnor Belco Electric,Inc. Crosstown Electrical&Data,Inc. DBX,Inc. CALPROMAX ENGINEERING,Inc. Alfaro Communications Construction, ASPLUNDH CONSTRUCTION,LLC ENGINEER'S ESTIMATE Inc. ACCI BID SCHEDULE UNIT UNIT BID UNIT BID UNIT BID UNIT BID UNIT BID UNIT BID NO CITY UNIT DESCRIPTION COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT 1 1 LS Mobilization $ 14 000.00 $ 14 000.00 $ 2,000.00 $ 2,000.00 $ 5,000.00 $ 5,000.00 $ 1,800.00 $ 1,800.00 $ 9,000.00 $ 9,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 2 1 LS Clearing&Grubbing and Removals Including Haul&Disposal of Material 5 500.00 5,500.00 1,000.00 1,000.00 $ 1,500.00 1,500.00 500.00 500.00 3,500.00 3,500.00 9,000.00 9,000.00 7,500.00 7,500.00 3 3 EA Remove Existing Pull Box $250.00 $ 750.00 $ 150.00 $ 450.00 $ 75.00 $ 225.00 $ 50.00 $ 150.00 $ 460.00 $ 1,380.00 $ 300.00 $ 900.00 $ 600.00 $ 1,800.00 4 1 LS Grind down and Abandon Existing Footing-12"minimum depth below finished grade $8 000.00 $ 8,000.00 $ 1,000.00 $ 1,000.00 $ 1,550.00 $ 1,550.00 $ 1,800.00 $ 1,800.00 $ 1,700.00 $ 1,700.00 $ 1,500.00 $ 1,500.00 $ 2,100.00 $ 2,100.00 5 Remove and Salvage Existing Traffic Signal Cabinet and Relocate Existing Traffic 1 LS Signal Equipment into new cabinet $10,000.00 10 000.00 5,700.00 5,700.00 2,095.00 2,095.00 2,500.00 2,500.00 1,800.00 1,800.00 2,500.00 $ 2,500.00 4,600.00 4,600.00 6 Furnish and Install Type 1-A Pole 1 EA $4 000.00 $ 4,000.00 $ 3,100.00 $ 3,100.00 $ 4,200.00 $ 4,200.00 $ 4,000.00 $ 4,000.00 $ 4,300.00 $ 4,300.00 $ 8,500.00 $ 8,500.00 $ 2,100.00 $ 2,100.00 7 Furnish and Install 4"PVC Conduit 100 LF $150.00 $ 15,000.00 $ 102.00 $ 10 200.00 $ 95.00 $ 9,500.00 $ 170.00 $ 17 000.00 $ 70.00 $ 7,000.00 $ 140.00 $ 14 000.00 $ 96.00 $ 9,600.00 8 3 EA Furnish and Install#6 Pull Box $1 400.00 $ 4,200.00 $ 750.00 $ 2,250.00 $ 1,500.00 $ 4,500.00 $ 1,000.00 $ 3,000.00 $ 1,400.00 $ 4,200.00 $ 1,600.00 $ 4,800.00 $ 1,200.00 $ 3,600.00 9 Furnish and Install#6E Pull Box 1 EA $1,700.00 1,700.00 1,230.00 1,230.00 $ 1,800.00 1,800.00 1,200.00 1,200.00 2,300.00 2,300.00 1,800.00 1,800.00 1,900.00 1,900.00 10 1 EA Furnish and Install N40 Pull Box $2,200.00 $ 2,200.00 $ 2,239.00 $ 2,239.00 $ 3,000.00 $ 3,000.00 $ 3,500.00 $ 3,500.00 $ 3,500.00 $ 3,500.00 $ 1,900.00 $ 1,900.00 $ 2,450.00 $ 2,450.00 11 Furnish and Install New Econolite Cobalt ATC Controller 1 EA $15 000.00 $ 15 000.00 $ 9,873.00 $ 9,873.00 $ 9,550.00 $ 9,550.00 $ 10 500.00 $ 10 500.00 $ 9,800.00 $ 9,800.00 $ 14 500.00 $ 14 500.00 $ 10 500.00 $ 10 500.00 12 Furnish and Install Traffic Signal Controller Cabinet Type R with New Foundation and 1 LS Separate side mounted CBS-127 cabinet(shell only) $40,000.00 $ 40,000.00 $ 41,000.00 $ 41,000.00 $ 40,648.00 $ 40,648.00 $ 39,928.00 $ 39,928.00 $ 43,000.00 $ 43,000.00 $ 55,000.00 $ 55,000.00 $ 58,900.00 $ 58,900.00 13 Furnish and Install Tomar Emergency Vehicle Preemption Detector including cable 1 LS and mounting $4,000.00 $ 4,000.00 $ 3,700.00 $ 3,700.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 5,000.00 $ 5,000.00 $ 2,700.00 $ 2,700.00 $ 12,000.00 $ 12,000.00 14 19 EA Replace existing incandescent lights with new LED signal indicators per plan $160.00 $ 3,040.00 $ 300.00 $ 5,700.00 $ 85.00 $ 1,615.00 $ 132.00 $ 2,508.00 $ 150.00 $ 2,850.00 $ 280.00 $ 5,320.00 $ 350.00 $ 6,650.00 15 1 LS Pull new wires per plan $20,000.00 $ 20 000.00 $ 4,800.00 $ 4,800.00 $ 18 000.00 $ 18,000.00 $ 28 000.00 $ 28 000.00 $ 35 000.00 $ 35,000.00 $ 10 000.00 $ 10 000.00 $ 23 000.00 $ 23 000.00 16 6 EA Potholing $1 200.00 $ 7,200.00 $ 650.00 $ 3,900.00 $ 800.00 $ 4,800.00 $ 150.00 $ 900.00 $ 900.00 $ 5,400.00 $ 1,500.00 $ 9,000.00 $ 900.00 $ 5 400.00 17 1 LS Traffic Control $ 14,000.00 $ 14 000.00 $ 3,165.00 $ 3,165.00 $ 1,500.00 $ 1,500.00 $ 1,800.00 $ 1,800.00 $ 2,300.00 $ 2.300.00 $ 6 500.00 $ 6 500.00 $ 2 500.00 $ 2 500.00 TOTAL BID SCHEDULE $ 168,590.00 $ 101,307.00 $ 110,983.00 $ 120,586.00 $ 142,030.00 $ 152,920.00 $ 159,600.00 Page 132 Olt, i I DATE: September 16, 2020 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Jason Welday Director of Engineering Services/City Engineer Brian Sandona Senior Civil Engineer SUBJECT: Consideration of a Resolution Declaring that Real Property Owned by the City Located at the Southerly Terminus of Layton Street South of La Mesa Drive is Exempt Surplus Land and Not Necessary for the City's Use. RECOMMENDATION: Staff recommends that the City Council adopt the attached resolution declaring that real property owned by the City located at the southerly terminus of Layton Street (formerly Lemon Street) south of La Mesa Drive is exempt surplus land and not necessary for the City's use pursuant to Government Code Section 54221, finding that such declaration is exempt from environmental review under the California Environmental Quality Act, and taking related actions. BACKGROUND: The City is the owner in fee simple of certain real property ("Property") located at the southerly terminus of Layton Street south of La Mesa Drive. This land was granted in fee simple by the Cucamonga Water Company(now the Cucamonga Valley Water District)to the County of San Bernardino in 1926 for the then planned extension of Layton Street. Upon incorporation, the County relinquished the rights-of-way to the City within its boundary, including this property. While the property was acquired in 1926, the southerly extension of Layton Street is not improved or open to public access. Further, Cucamonga Valley Water District currently owns the property immediately to the east of the Property and has expressed interest in purchasing it for incorporation into their planned well site at that location. ANALYSIS: Under the Surplus Land Act, Government Code Sections 54220-54233 ("Act"), surplus land is land owned in fee simple by the City for which the City Council takes formal action in a regular public meeting declaring the land is surplus and not necessary for the City's use. The Act provides that land shall be declared either surplus land or exempt surplus land before the City may take action to dispose of it consistent with the City's policies or procedures. Under the Act, land is considered necessary for the City's use if the land is being used or is planned to be used pursuant to a written plan adopted by the City Council, for City work, or its operations. Further the Act specifies that the City's use does not include commercial or industrial uses, and states that land disposed of for the sole purpose of investment or generation of revenue is not considered necessary for the City's use. The Property is not currently being used by the City and after evaluation of the Property for potential use in City work or operations, staff has determined that it is not suitable for the City's use and qualifies as exempt surplus land consistent with the Act. Upon declaration by the City Council of its exempt surplus land status, the City may dispose of exempt surplus land without undertaking further proceedings under the Act. Page 133 Further, staff has determined that this action is exempt from the California Environmental Quality Act per CEQA Guidelines section 15061(b)(3) because it only declares the Property as exempt surplus land so that it can be conveyed to a contiguous property owner and does not include development or activity that could have a significant effect on the environment. FISCAL IMPACT: There is no fiscal impact to this action. COUNCIL GOAL(S) ADDRESSED: Not Applicable. ATTACHMENTS: Attachment— 1 Vicinity Map Attachment— 2 Resoltion Page 2 Page134 ATTACHMENT 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT REAL PROPERTY OWNED BY THE CITY LOCATED AT THE SOUTHERLY TERMINUS OF LAYTON STREET SOUTH OF LA MESA DRIVE IS EXEMPT SURPLUS LAND AND NOT NECESSARY FOR THE CITY'S USE, FINDING THAT SUCH DECLARATION IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT,AND TAKING RELATED ACTIONS WHEREAS, the City of Rancho Cucamonga ("City") is the owner in fee simple of that certain real property described in Exhibit"A"and Exhibit`B,"attached hereto and made a part of hereof("Property"); and WHEREAS, under the Surplus Property Land Act, Government Code Sections 54220- 54234 ("Act"), surplus land is land owned in fee simple by the City for which the City Council takes formal action in a regular public meeting declaring the land is surplus and not necessary for the City's use. The land must be declared either surplus land or exempt surplus land; and WHEREAS, under the Act, land is necessary for the City's use if the land is being used, or is planned to be used pursuant to a written plan adopted by the City Council, for City work or operations; and WHEREAS, the Property is the southerly terminus of Layton Street south of La Mesa Drive, as further described in the legal description in the resolution accepting deed in Exhibit A, and is not currently being used by the City; and WHEREAS,City staff has evaluated the Property for its potential to be used for City work or operations, including street purposes; and WHEREAS, City staff has determined that the Property is not suitable for the City's use; and WHEREAS, the City Council desires to declare that the Property is exempt surplus land and not necessary for the City's use; and WHEREAS, the accompanying staff report provides supporting information upon which the declaration and findings set forth in this Resolution are based; NOW, THEREFORE, THE CITY COUNCIL HEREBY RESOLVES AS FOLLOWS: Section 1. The above recitals are true and correct and are a substantive part of this Resolution. Section 2. The City Council hereby declares that the Property is exempt surplus land and not necessary for the City's use. The basis for this declaration is the southern terminus of Layton Street is no longer necessary for the circulation component of the City. The Property is defined as exempt surplus land per Government Code Section 54221 because the Property is not Page135 11231-0001\2438424v1.doc contiguous to land owned by a state or local agency that is used for open-space or low- and moderate-income housing purposes. The Parcel is expected to be sold to the Cucamonga Valley Water District, another local agency and contiguous owner of land, for its use. Section 3. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA") for conformance. It is determined that the deeming the subject land as surplus is categorically exempt from CEQA per CEQA Guidelines section 15061(b)(3) because this Resolution merely declares the Property as exempt surplus land so that it can be conveyed to a contiguous property owner. No development or activity that could have a significant effect on the environment is proposed. Section 4. The City Clerk is directed to file a Notice of Exemption pursuant to CEQA Guidelines Section 15062. Section 5. The officers and staff of the City of Rancho Cucamonga are hereby authorized, jointly and severally, to do all things which they may deem necessary or proper to effectuate the purposes of this Resolution,and any such actions previously taken are hereby ratified and confirmed. Such actions include negotiating in good faith in accordance with the requirements of the Act with any of the Designated Entities that submit a written notice of interest to purchase or lease the Property in compliance with the Act. PASSED, APPROVED, AND ADOPTED this day of , 2020. L. Dennis Michael, Mayor I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on , 2020. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: ATTEST: _2_ Page 136 11231-0001\2438424v1.doc EXHIBIT A In the City of Rancho Cucamonga, County of San Bernardino, State of California; being a portion of Lot 12,Block 12 of Cucamonga Homestead Association per Plat recorded in Book 6 Page 46 of Maps, more precisely described as follows: BEGINNING at a point on the north line of said Lot 12, distant 316 feet from the northeast corner of same; THENCE continuing along said north line a distance of 40.00 feet to the west line of Layton Street, 40 feet wide; THENCE along said west line S 0°26' E a distance of 148.40 feet; THENCE leaving said west line N 89°36'30" E a distance of 40.00 feet to the east line of Layton Street; THENCE along said east line N 0°26' W a distance of 148.21 feet, more or less, to the POINT OF BEGINNING. Contains 5,932 square feet, more or less. See Exhibit `B" attached hereto and made a part hereof. END OF DESCRIPTION Prepared by: Dan Guerra& Associates Q�oFEss,oN 10271-B Trademark Street Rancho Cucamonga, CA 91730 (909) 987-4306 w R.C.E. 29224 � 1i � 'STD C1VIL ��P August 24, 2020 TE of c F0 Daniel E. Guerra, P.E. Date Page 1 of 1 Page 137 PREPARED UNDER MY EXHIBIT 'I B II Page 1 of 1 SUPERVISION: ROFESSio POR. LOT 12, BLOCK 12, CUCAMONGA HOMESTEAD ASSOCIATION UFO P�� F. c � IN CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO F� STATE OF CALIFORNIA °P P9 z THIS EXHIBIT IS TO BE ATTACHED TO THE LEGAL DESCRIPTION w m / N'LY LINE LOT 12 33' sT clvl�- F K 12 PER �TF of ca�F°� 20 120' I P.O.B. M.H. 6 6 I w % �I � � 316 EX. R/W / o '- d- 00 00 i �r v P.1.Q. C) C I tx / cn LLJ N 89°36'30" E 0.00 OF I / I LEGEND71 33' AREA TO BE VACATED / ] OQ 30 60 JAREA = 5,932 S.F. —/ MAP SCALE: 1" = 60' Page 138 ATTACHMENT 1 Layton Street Vicinity Map NOT TO SCALE I r Si e N Page 139 Olt, i I DATE: September 16, 2020 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 Gianfranco Laurie, Senior Civil Engineer Curt Billings, Associate Engineer SUBJECT: Approval and Execution of a Purchase and Sale Agreement and Joint Escrow Instructions Between the City of Rancho Cucamonga and Jones Family Trust of 2010, Robert Bruce Stanford, Jr., William R. Rushing, and Bernell Hydraulics, Inc. for Purchase of the Fee Simple Interest, Business Goodwill and Relocation Assistance Benefits in the Real Property Located at 8810 Etiwanda Avenue and further identified as APN 0229-131-07 in Connection with the Construction of the Etiwanda Grade Separation Project. RECOMMENDATION: Staff recommends that the City Council Approve the attached Purchase and Sale Agreement, for the purchase of the real property, business goodwill, and relocation assistance benefits in the real property and business operating at 8810 Etiwanda Avenue, and further identified as APN 0229-131-07 ("Subject Property"), in connection with the construction of the Etiwanda Grade Separation Project ("Project"), and authorize the City Manager, or Designee, to approve and execute documents related to the purchase of the Subject Property. BACKGROUND: The purpose of the Project is to widen and construct Etiwanda Avenue as a four-lane grade separated roadway over the SCRRA/BNSF San Gabriel subdivision railroad located south of Arrow Route, which is currently a two-lane roadway at-grade crossing. The Project will reduce vehicle and truck delays, and traffic queuing. An elevated grade separated roadway, spanning over the commuter and freight rail corridor, will provide for the safe transit of pedestrians, bicyclists, vehicles, and an increasing number of freight trucks. Furthermore, the Project will improve response times in the area for first responders, such as police officers, firefighters, paramedics, and emergency medical technicians. The Project's construction will provide an elevated roadway, utilizing walls, embankments, and a 1000- foot-long reinforced concrete bridge supported by sixteen columns that will span across the 100-foot wide railroad corridor. It will also construct two ground level roadways under the bridge to maintain access to adjacent properties. The Project will begin construction in the summer 2022 and will be completed two years later in 2024. ANALYSIS: The Subject Property is approximately 32,769 square feet, improved with single-tenant industrial buildings. It is zoned Heavy Industrial within the City's industrial area. In 2018, the City began the process of designing the Etiwanda Grade Separation Project. The design of the Project reflected a significant impact to the existing structure and business operating at 8810 Etiwanda Avenue. It was determined that the Project would require the acquisition of the fee simple interest in the Subject Property, as well as the payment of business goodwill and relocation assistance benefits to the business operating on the Subject Property. The City had the Subject Property appraised, the City Page 140 Council set just compensation, and an offer to purchase the property was sent to the owners of the land in April 2019 and a separate offer was sent to the business in September 2019. The parties have been negotiating in good faith and have now reached an agreement for the sum of$3,077,580, a price previously approved by the City Council. This sum represents payment for the fee simple interest in the real property, payment for loss of business goodwill resulting from the displacement of the existing business, payment for furniture, fixtures and equipment, and payment for relocation assistance benefits. FISCAL IMPACT: Sufficient funds are budgeted for the Etiwanda Grade Separation Project and its property acquisitions from the Trade Corridor Enhancement Program (TCEP) Fund, Account No. 11813035650/1922181-0. COUNCIL MISSION /VISION / GOAL(S) ADDRESSED: This item addresses the City Council's vision for the City by ensuring the construction of high quality public improvements that promote a world class community. ATTACHMENTS: Attachment 1 - Vicinity Map Attachment 2 - Purchase and Sale Agreement and Joint Escrow Instructions Page 2 Page 141 ATTACHMENT 1 VICINITY MAP ETIWANDA GRADE SEPARATION Bernell Hydraulics 8810 Etiwanda Ave. SITE LOCATION � u L L I I I �_-w�� v� I I I I I I I I I 2 I I v I I � I I I I I I I I i Page 142 PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS This Purchase and Sale Agreement and Escrow Instructions (this "Agreement") is made and entered into as of August _, 2020 (the "Effective Date"), by and between the CITY OF RANCHO CUCAMONGA, A MUNICIPAL CORPORATION ("CITY") (the "Buyer"), and JONES FAMILY TRUST OF 2010, AS TO AN UNDIVIDED 2/3 INTEREST, AND ROBERT BRUCE STANFORD, JR., AND WILLIAM R. RUSHING AS SUCCESSOR TRUSTEE OF THE STRACK FAMILY TRUST, DATED MARCH 13, 2014, AS TO AN UNDIVIDED 113 INTEREST, (collectively referred to herein as "JONES")("Seller"), and BERNELL HYDRAULICS, INC. ("Bernell'), with respect to the following facts: RECITALS A. Seller and Bernell are the owners of and desire to sell to Buyer: (a) The fee simple interest in the real property located at 8810 Etiwanda Avenue in the City of Rancho Cucamonga, County of San Bernardino, State of California, and further identified as portions of San Bernardino County Tax Assessor's Parcel Number 0229- 131-07,and more particularly described on Exhibit A,and depicted on Exhibit B,attached hereto and made a part hereof together with all of the interest of Seller in any and all rights and appurtenances pertaining to such property, including any right,title and interest of Seller in and to adjacent streets, alleys or rights-of-way(collectively, the "Land"); and (b) the structures, fixtures and other improvements on the Land(collectively, the "Improvements", and together with the Land, the "Property"), owned by either Seller or Bernell, and more particularly described in Exhibit C, attached hereto and made a part hereof. B. The parties acknowledge that the Property is being acquired by the Buyer by grant deed in lieu of condemnation. In such regard,the parties further acknowledge that Buyer shall pay consideration for the potential loss of business goodwill to the business operating on the Property resulting from the acquisition of the Property("Goodwill") and the relocation of the business known as Bernell Hydraulics, Inc. herein; all relocation costs arising from the relocation of Bernell("Relocation"). C. Buyer desires to purchase the Property from Seller, and pay such consideration for the Goodwill and Relocation to Bernell. D. By this Agreement, Seller and Bernell agree to sell the Property to Buyer upon and subject to the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the terms and conditions of this Agreement and for other valuable consideration, the receipt of which is hereby acknowledged, the Buyer, Seller and Bernell agree as follows: 1. Purchase and Sale. Subject to and in accordance with the terms and conditions hereinafter set forth, on the Close of Escrow (as defined in Section 2), Seller and Bernell agree to sell to Buyer, and Buyer agrees to purchase from Seller and Bernell, the subject property 1 11231-0247\2428923v6.doc Page143 interests described in the foregoing recitals. 2. Opening and Closing of Escrow. Within five (5) days after the Effective Date, an escrow (the "Escrow") shall be opened with Commonwealth Land Title Company (the "Escrow Holder"), 888 South Figueroa Street, Suite 2100, Los Angeles, CA 90017, Attention: Crystal Leyvas, VP National Accounts Escrow Officer, Telephone: (213) 330-3059; Email: cleyvas@cltic.com ("Opening of Escrow"). Upon the Opening of Escrow, the parties hereto shall deposit a fully executed original of this Agreement with Escrow Holder and this Agreement shall serve as the instructions to Escrow Holder for consummation of the transactions contemplated hereby. Seller, Bernell and Buyer agree to execute such additional and supplementary escrow instructions as may be appropriate to enable Escrow Holder to comply with the terms of this Agreement; provided, however, that in the event of any conflict between the terms and provisions of this Agreement and the terms and provisions of any supplementary escrow instructions, the terms and provisions of this Agreement shall control. The "Close of Escrow" or "Closing" shall be the date that a Grant Deed for the Property in favor of Buyer is recorded in the Official Records of the San Bernardino County Recorder's Office. The Close of Escrow shall occur within fifteen (15) days after the expiration of the Due Diligence Period (as defined in Section 9, below), but not later than October 30, 2020 (the "Closing Date"). Notwithstanding the foregoing, Seller or Buyer, at their option may extend the Close of Escrow for two (2) periods of thirty (30) days each; provided that the party requesting the extension shall provide the remaining parties hereto with written notice of such an extension of the Close of Escrow at least thirty(30) days prior to the then currently scheduled Close of Escrow. 3. Purchase Price;Deposit;Escrow Account. (a) The total consideration for the Property, Goodwill, and Relocation shall be the sum of Three Million Seventy-Seven Thousand Five Hundred Eighty Dollars ($3,077,580.00) (the "Purchase Price"). Seller and Bernell have requested and the Purchase Price shall be distributed as follows: (i) $1,273,348 to Seller for the Land, and certain portions of the Improvements; (ii) $1,432,767 to Bernell for the Goodwill and Relocation; (iii) $371,465 to Bernell for certain portions of the Improvements. (b) Within five (5) business days after the Effective Date, Buyer shall deliver to Escrow Holder an earnest money deposit in the amount of One Thousand Dollars ($1,000.00) (the "Deposit") in the form of a cashier's check, or other form acceptable to the Escrow Holder. The Deposit shall be placed in an interest-bearing bank account (the "Escrow Account") and all interest accruing thereon shall increase and become a part of the Deposit. On the Close of Escrow, the Deposit shall be applied toward the cash payment of the Purchase Price. The remaining balance of the cash payment of the Purchase Price shall be payable by Buyer in the form of a cashier's check,or other form acceptable to Seller and the Escrow Holder and placed in the Escrow Account no later than one (1) business day prior to the Close of Escrow. In the event that Buyer terminates this Agreement by written notice to Seller on or prior to the expiration of the Due Diligence Period (as defined in Section 9) in accordance with the terms and provisions 2 11231-0247\2428923v6.doc Page 144 3 Page 145 Disapproved Exceptions. In any event, Seller covenants to pay in full all loans secured by mortgages and deeds o ftrust encumbering the Property and to remove any mechanics liens and any other monetary liens encumbering the Property(other than current real property taxes and assessments which are not due and payable) prior to or concurrently with the Close ofEscrow;provided,however, Seller shall have the right to bond over mechanic's liens so long as such bond is reasonably acceptable in form and substance to the Buyer and is sufficient to allow the Title Company to insure over such liens in the Title Policy(defined below). The Title Policy shall include such endorsements as Buyer shall reasonably request and which Title Company agrees to issue on or before the expiration of the Due Diligence Period. Any title policy endorsements shall be paid by Buyer. Whether or not Buyer shall have furnished to Seller any notice of Disapproved Exceptions pursuant to the foregoing provisions of this Agreement, Buyer may, at or prior to the Close of Escrow,notify Seller in writing of any objections to title first raised by the Title Company between(a) the last date on which Buyer is entitled to make such an objection as set forth above and (b) the date on which the transaction contemplated herein is scheduled to close. With respect to any Disapproved Exceptions set forth in such notice, Seller shall have the same option to cure (or in the case of a monetary lien, the obligation to obtain the removal or bonding thereof as provided above) and Buyer shall have the same option to accept title subject to such matters or to terminate this Agreement as those which apply to any notice of Disapproved Exceptions made by Buyer before the expiration of the Due Diligence Period. If Seller elects to attempt to cure any such matters, the scheduled date for the Close of Escrow shall be automatically extended by a reasonable additional time to effect such a cure, but in no event shall the extension exceed thirty(30) days after the scheduled date for the Close of Escrow set forth in Section 2. (c) Buyer's obligation to consummate the purchase contemplated by this Agreement is conditioned upon the irrevocable commitment by the Title Company, issued on or before the expiration of the Due Diligence Period, and reconfirmed not later than one (1) business day prior to the Closing Date, to issue a CLTA Standard Coverage Owner's Policy of Title Insurance in the amount of the Purchase Price, or such other amount as Buyer may select, in its sole and absolute discretion, issued by Title Company (the "Title Policy"). The Title Policy shall insure Buyer's fee interest in the Property subject only to the following permitted conditions of title (the "Permitted Title Exceptions"): (i) General and special real property taxes and assessments for the then current tax fiscal year which are a lien not then due and payable; (ii) The applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the Property; (iii) Such other exceptions listed in the Preliminary Title Report that have been approved, or been deemed approved, by Buyer as provided in Section 5(b); and (iv) Any exceptions directly or indirectly caused by Buyer or Buyer's agents, employees or contractors. At Buyer's election and cost, Buyer may cause the Title Company to provide Buyer with an ALTA Extended Coverage Owner's Policy. Notwithstanding the foregoing, Buyer's receipt 4 11231-0247\2428923v6.doc Page 146 of an ALTA policy shall only be a condition to closing provided that Buyer pays the cost of the ALTA policy in excess of the cost of a CLTA policy and Buyer obtains an ALTA survey acceptable to the Title Company prior to the expiration of the Due Diligence Period. Seller shall not encumber the Property during the period from the Effective Date to the Close of Escrow or the date of the termination of this Agreement. From and after the Effective Date and prior to the end of the Due Diligence Period (as hereinafter defined), Seller shall not amend or terminate any Lease or enter into any new lease with respect to the Property without having given Buyer prior written notice of such action. After the end of the Due Diligence Period and prior to the Close of Escrow, Seller shall not amend or terminate any Lease or enter into any new lease with respect to the Property without Buyer's consent, which consent may be granted or withheld in the sole and absolute discretion of Buyer. 6. Deposit of Documents and Funds in Escrow. (a) Seller and Buyer, as applicable, hereby covenant and agree to deliver to Escrow Holder at least one (1) business day prior to the Close of Escrow the below listed instruments,documents,and funds,the delivery of each of which shall be a condition of the Close of Escrow. (b) Seller shall deliver: (i) The Grant Deed duly executed and acknowledged by Seller; (ii) A Withholding Exemption Certificate Form 593-C as contemplated by California Revenue and Taxation Code §18662 (the"Withholding Affidavit") duly executed by Seller; (iii) A Certification of Non-Foreign Status in accordance with Internal Revenue Code Section 1445 duly executed by Seller; (iv) Such proof of Seller's authority and authorization to enter into this transaction as the Title Company may reasonably require in order to issue the Title Policy; and (c) Buyer shall deliver: (i) The balance of Purchase Price together with such funds as are required to pay for costs and expenses payable by Buyer hereunder; (ii) One original Proposed Acquisition Letter in the form attached hereto as Exhibit H, executed by Buyer, dated no later than the date of this Agreement (the "Letter"). The Letter shall not be released to Seller unless and until the successful Close of Escrow under this Agreement; (iii) One original of the Lease Agreement in the form attached hereto as Exhibit I, executed by Buyer, dated no later than the Closing Date("Lease Agreement");and 5 11231-0247\2428923v6.doc Page 147 (iv) Such proof of Buyer's authority and authorization to enter into this transaction as the Title Company may reasonably require in order to issue the Title Policy. Each of the Buyer and Seller may waive any condition of the Close of Escrow to be performed by the other and set forth in this Section 6. 7. Authorization to Record Documents and Disburse Funds. Escrow Holder is hereby authorized to record the documents and disburse the funds, in accordance with Section 3, and distribute the documents called for hereunder upon the Close of Escrow, provided each of the following conditions has then been fulfilled: (a) The Title Company is irrevocably committed to issue in favor of Buyer the Title Policy, with a liability in the amount of the Purchase Price, as set forth in Section 5(c). (b) Escrow Holder shall have received Buyer's authorization to close and Buyer's notice of approval or satisfaction or waiver of all of the contingencies/conditions to Buyer's obligations hereunder, as provided for in Section 12; (c) Escrow Holder shall have received Seller's authorization to close and Seller's notice of approval or satisfaction or waiver of all of the contingencies/conditions to Seller's obligations hereunder, as provided for in Section 13; and (d) Seller and Buyer shall have deposited in Escrow the documents and funds required pursuant to Section 6. Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of Escrow any instrument delivered through this Escrow if necessary or proper for the issuance of the Title Policy. 8. Escrow Charges and Proration. (a) Seller and Bernell shall not pay any of the fees and charges of Escrow Holder, except that, if the Escrow shall fail to close due to Seller's default, Seller shall pay all Escrow cancellation charges. (b) Buyer shall pay(i)all ofthe fees and charges ofEscrow Holder,(ii)the cost of the premium for the CLTA Standard Coverage portion of the Title Policy, (iii) the cost of all endorsements to the Title Policy, (iv) all costs and charges for the recordation of the Grant Deed and any other documents recorded as part of this transaction; (v) the cost of any documentary transfer tax, and(vi) Buyer's share of the charges prorated under this Agreement. 9. Due Diligence Period; Access. During the period commencing on the Effective Date and ending at 5:00 p.m. on the date which is forty-five (45) days thereafter (the "Due Diligence Period"), Buyer may inspect the Property as necessary to approve all zoning and land use matters relating to the Property and to approve the physical condition of the Property subject to the limitations set forth below. (a) Within five (5) days after the Effective Date, Seller and Bernell shall 6 11231-0247\2428923v6.doc Page 148 provide to Buyer, any and all of the following documents to the extent in Seller's or Bernell's possession or under Seller's or Bernell's control(at no out of pocket cost to Seller or Bernell): environmental materials (as described in Section 10(al(il and iv ), soils and geological reports, structural engineering reports, plans and specifications, utility contracts, service contracts, brokerage agreements, and property tax bills for each of the two (2) prior fiscal years. It is understood by the parties hereto that Seller and Bernell do not make any representation or warranty, express or implied, as to the accuracy or completeness of any information contained in Seller's or Bernell's files or in the documents produced by Seller or Bernell, including without limitation, any environmental audit or report prepared by unaffiliated third party consultant. To the extent permitted by law, Buyer shall keep all information provided by the Seller or Bernell confidential and shall not disclose it to any third parties except its accountants, legal counsel, and other consultants employed in connection with its acquisition of the Property. In the event this Agreement is terminated,Buyer shall pro mptlyreturnto Seller and Bernell all such documentation and other information obtained from or otherwise provided by Seller or Bernell. Buyer shall provide Seller and Bernell with copies of all reports, test results, surveys and other written materials obtained by Buyer in connection with its investigation of the Property promptly following Buyer's receipt thereof. Buyer may terminate this Agreement in Buyer's sole and absolute discretion for any reason, or for no reason whatsoever, by giving written notice to the Seller and Bernell on any day prior to and including the final day of the Due Diligence Period, in which event, this Agreement shall become null and void and, except as expressly set forth in this Agreement,neither party shall have any further rights, duties and obligations hereunder, and Buyer shall be entitled to the immediate refund of the Deposit. (b) Subject to Buyer's compliance with the terms of this Section 9, Buyer and its agents, attorneys, accountants, and other representatives shall have the right, at Buyer's sole cost and expense,to enter upon the Property during the Due Diligence Period to make inspections and other examinations of the Property and the improvements thereon. Buyer's physical inspection of the Property shall be conducted during normal business hours at times mutually acceptable to Buyer, Seller and Bernell. Buyer shall give Seller and Bernell at least 48 hours prior notice of any entry onto the Property and Seller and Bernell shall have the right to be present during any such entry or inspections. No invasive testing or boring shall be done without the prior notification of Seller and Bernell and Seller and Bernell's written permission of the same, which permission may be withheld in Seller and Bernell's sole and absolute discretion. Buyer shall promptly repair any damage to the Property caused by its inspections and investigations. To evidence Buyer's right of entry to the Property, the parties shall execute and deliver that certain Right of Entry Agreement attached hereto as Exhibit G within three (3) days following the Effective Date. 10. Warranties and Representations of Seller. Seller hereby represents and warrants to Buyer the following, it being expressly understood and agreed that all such representations and warranties are true and correct in all material respects as of the Effective Date. If the Seller acquires additional knowledge regarding the matters which are the subject of the warranties or representations contained in this Section 10 which would cause any of such warranties or representations to be incorrect in any material respect prior to the Close of Escrow, Seller shall give prompt written notice thereof to Buyer. Within seven (7) business days following receipt of such notice, Buyer may elect to cancel this Agreement and receive a refund of the Deposit. As of the Close of Escrow, the warranties and representations contained in this 7 11231-0247\2428923v6.doc Page 149 Section 10 shall be true and correct in all material respects, subject to any matters disclosed in writing by Seller to Buyer as provided herein. (a) Hazardous Substances. (i) To Seller's actual knowledge, except as otherwise described in Exhibit F, Seller has received no written notice of violation, administrative complaint,judicial complaint alleging that conditions on the Property are or have been in violation of any Environmental Law(as defined in Exhibit E), or informing Seller that the Property is subject to investigation or inquiry regarding Hazardous Substances (as defined in Exhibit E) on the Property or the potential violation of any Environmental Law. (ii) To Seller's actual knowledge, except as otherwise described in Exhibit F, there is no monitoring program required by the Environmental Protection Agency or any similar state agency concerning the Property. (iii) To Seller's actual knowledge, Seller has produced a list of all information, records, reports and studies maintained by Seller or under Seller's control in connection with the Property concerning Hazardous Substances and all existing orders and directives from or agreements with any governmental agency pertaining to the environmental condition of the Property and any requests for information, documents, access or investigation pertaining thereto and such list is contained in Exhibit F attached hereto. To the extent that certain documents contain confidential information, Buyer shall sign a confidentiality agreement as a condition to Buyer's review of such confidential documents. (iv) To Seller's actual knowledge, Seller has received no written request,directive, administrative order or judicial order to impose any type of land use restriction or institutional control relating to Hazardous Substances on the Property. (b) Seller has the full right and power to execute, deliver and perform its obligations under this Agreement, and when executed and delivered, Seller and all parties having an interest in the Property shall be lawfully bound by the terms of this Agreement. Seller is the sole owner of the Property, to Seller's actual knowledge, the Property is free and clear of all liens, claims, encumbrances, easements,or rights of way of any nature,other than those that may appear on the Preliminary Title report, and free and clear of encroachments on the Property from adjacent properties, encroachments by improvements or vegetation on the Property onto adjacent property, other than those that may appear on any Survey which Buyer obtains as described in Section 5(a). Seller shall not further transfer or encumber the Property or allow the Property to be further encumbered prior to the Close of Escrow. (c) Bernell has the full right and power to execute, deliver and perform its obligations under this Agreement, and when executed and delivered, Bernell and all parties having an interest in the Goodwill and portions of the Improvements controlled by Bernell shall be lawfully bound by the terms of this Agreement. (d) To Seller's actual knowledge there is no pending or threatened litigation, which does or may adversely affect the Property. 8 11231-0247\2428923v6.doc Page 150 (e) To Seller's actual knowledge, there are no written or oral commitments to or agreements with any governmental authority or agency materially and adversely affecting the Property, or any part thereof or any interest therein, which will survive the Close of Escrow other than those that may appear on the Preliminary Title Report, and other than that certain lease described in Section 37 hereof. To Seller's actual knowledge, Seller has entered into no understanding or agreement with any taxing or assessing authority respecting the imposition or deferment of any taxes or assessments respecting the Property. (0 To Seller's actual knowledge, neither this Agreement nor anything provided to be done hereunder including the transfer of title to the Property to Buyer, violates or shall violate, any contract, instrument, partnership agreement, trust agreement, or any other agreement to which Seller is a party, and which affects the Property or any part thereof and the sale of the Property herein contemplated does not require the consent of any party not a signatory hereto. (g) Seller is not a"foreign person" within the meaning of Section 1445(0(3) of the Internal Revenue Code. (h) There are no (i) assignable contracts and agreements (collectively, the "Operating Agreements") relating to or affecting the Property to which the Seller is a party or is obligated and pertaining to the upkeep, repair, maintenance, operation, or remediation of the Propertywhich will survive the Close ofEscrow,(ii)assignable existing warranties and guaranties (expressed or implied) issued to Seller in connection with the Improvements (collectively, the "Intangibles"); (iii) personal property items owned by Seller (collectively, the "Personal Property") on the Property; or(iv) other contracts or agreements, such as maintenance, service, or utility contracts relating to or affecting the Property to which Seller is a party or is obligated which will survive the Close of Escrow. As used anywhere in this Agreement, the terms "actual knowledge" and "to Seller's actual knowledge" refers to the actual knowledge of William A. Jones and Bernell, with no imputation of knowledge and without the independent duty or obligation to undertake any investigation or inquiry. The individual described above shall have no personal liability under this Agreement by virtue of acting as a representative of the Seller for the purpose of this definition. 11. Warranties, Representations and Covenants of Buyer. Buyer hereby represents, warrants and covenants to Seller the following, it being expressly understood and agreed that all such representations and warranties are true and correct in all material respects as of the Effective Date. If Buyer acquires additional knowledge regarding the matters which are the subject of the representations or warranties contained in this Section 11 which would cause any of such representations or warranties to be incorrect in any material respect prior to the Close of Escrow,Buyer shall give prompt written notice thereof to Seller. Within seven(7)business days of receipt of such notice, Seller may elect to cancel this Agreement and Buyer shall be entitled to receive a refund of the Deposit. As of the Close of Escrow,the representations and warranties contained in this Section 11 shall be true and correct in all material respects, subject to any matters disclosed in writing by Buyer to Seller as herein provided. (a) Buyer has the full right, power and authority to enter into this Agreement and has taken all action necessary to consummate the transactions contemplated hereby. The 9 11231-0247\2428923v6.doc Page 151 execution, delivery and performance of this Agreement has been duly and validly authorized by Buyer, and no other action by Buyer is requisite to the valid and binding execution, delivery, and performance of this Agreement by Buyer. (b) There is no pending litigation or, to the best of Buyer's knowledge, threatened litigation,which does or will materially adversely affect Buyer's abilityto consummate this transaction. (c) This Agreement and all documents executed by Buyer which are to be delivered to Seller at or prior to the Closing are,or at the time of Closing will be, duly authorized, executed, and delivered by Buyer, are or at the time of Closing, will be legal, valid and binding obligations of Buyer, enforceable in accordance with their terms, and do not and at the time of Closing will not violate anyprovisions ofany agreement or judicial order to which Buyer is a party or to which Buyer is subject. 12. Buyer's Conditions. For the benefit of the Buyer,the Close of Escrow and Buyer's obligation to consummate the purchase of Property shall be contingent upon and subject to written notice to Escrow Holder by Buyer of the occurrence of all of the following conditions precedent (or Buyer's written waiver thereof it being agreed that Buyer can waive any or all such contingencies) on or before the Close of Escrow: (a) Buyer's obtaining a satisfactory commitment issued by Title Company to issue the Title Policy in favor of Buyer with a liability amount equal to the Purchase Price, or such other amount as Buyer may select in its sole and absolute discretion, showing Buyer's fee simple interest in the Property subject only to the Permitted Title Exceptions, and being otherwise in accordance with the provisions of Section 5 of this Agreement, and expressly insuring against the claims of any persons in possession, other than Seller and Bernell, of all or any part of the Property and the claims of any mechanics or materialmen. (b) Buyer's verifying that there are no mechanics'and/or materialmen's liens, or lis pendens actions affecting the Property, and that all taxes, sewer, water,and utility bills have been paid. (c) That as of the Close of Escrow the representations and warranties of Seller contained in this Agreement are either all true and correct in all material respects or,to the extent that is not the case, have been waived by Buyer. (d) Seller's delivery of all documents required to be delivered by Seller pursuant to Section 6 hereof. (e) Buyer's approval, prior to the expiration of the Due Diligence Period, of the physical condition of the Property, including without limitation, any and all inspections, tests, survey(s), if any, and other studies to be conducted by Buyer, in Buyer's sole discretion. (f) If Buyer has elected to obtain the same, Buyer's obtaining and approving the Survey provided for herein prior to the expiration of the Due Diligence Period. If all the foregoing conditions precedent have not been either met to Buyer's sole 10 11231-0247\2428923v6.doc Page 152 satisfaction or expressly waived in writing by Buyer on or before the respective dates set forth therein, or if no date is set forth therein on or prior to the Close of Escrow, then this Agreement shall, at the option of Buyer, become null and void, in which event, except as expressly set forth in this Agreement, neither party shall have any further rights, duties and obligations hereunder, and Buyer shall be entitled to the immediate refund of the Deposit. 13. Seller's Conditions. For the benefit of Seller and Bernell, the Close of Escrow and Seller's and Bernell's obligation to consummate the sale of the fee simple interest in the Property, shall be contingent upon and subject to written notice to the Escrow Holder by Seller and Bernell of the occurrence of all of the following conditions precedent (or Seller's and Bernell's written waiver thereof it being agreed that Seller and Bernell can together waive any or all such contingencies) on or before the Close of Escrow: (a) Deposit by Buyer of the Purchase Price and all other sums to be deposited by Buyer in Escrow in accordance with the requirements hereof. (b) Buyer's delivery of all documents required to be delivered by Buyer pursuant to Section 6 hereof and performance of all other material covenants and agreements to be performed by Buyer under this Agreement, including without limitation, Buyer's delivery of the Lease Agreement, with such terms as are outlined in Section 37 hereof. (c) That as of the Close of Escrow the representations and warranties of Buyer contained in this Agreement are all either true and correct in all material respects or,to the extent that is not the case, have been waived by Seller. (d) Confirmation from Buyer that it will cooperate with Bernell in expediting the permitting, entitlement and construction of the replacement building to be constructed at 8821 Etiwanda Avenue,and permit the existing structures on the site to remain in place during and after the new building is constructed. 14. Survey. Buyer, at Buyer's sole cost and expense, may obtain an ALTA survey acceptable to the Title Company prior to the expiration of the Due Diligence Period. 15. Destruction/Condemnation. In the event that prior to the Close of Escrow, the Property, or any portion thereof is damaged by fire, earthquake, or other casualty, or is subject to a taking by a public authority other than Buyer, then Buyer shall have the right, exercisable by giving notice to Seller within fifteen (15) days after receiving written notice of such damage or taking, either (a) to terminate this Agreement, in which case neither party shall have any further rights or obligations hereunder, except that (i) Buyer and Seller shall each be responsible for one half(%2) of any cancellation fees charged by the Escrow Holder and/or the Title Company and (ii) the Deposit and any other funds deposited into Escrow by Buyer, including interest thereon, shall be refunded to Buyer, or (b) to accept the Property in its then condition and proceed with the Closing, and to receive an assignment of all of Seller's rights to any proceeds of insurance or condemnation awards payable by reason of such damage or taking. If Buyer elects to proceed under the preceding clause (b), there shall be no adjustment to the Purchase Price and Seller shall not compromise,settle or adjust any claims to suchproceeds of insurance or condemnation awards. Seller agrees to give Buyer prompt notice of any damage to or taking of the Property promptly after Seller receives notice of the same. 11 11231-0247\2428923v6.doc Page153 Buyer's Initials: Seller's Initials: 16. Disposition of Deposit. IF THE TRANSACTION H IN PROVIDED SHALL NOT BE CLOSED BY REASON OF SELLER'S DEFAU T UNDER THIS AGREEMENT OR THE FAILURE OF SATISFACTION OF TH CONDITIONS DESCRIBED IN SECTION 12 HEREOF, AND BUYER SHALL NOT HAVE DEFAULTED UNDER THIS AGREEMENT, THEN THE DEPOSIT SHALL BE RETURNED TO BUYER, AND NEITHER PARTY SHALL HAVE ANY FURTHER OBLIGATION OR LIABILITY TO THE OTHER; PROVIDED, HOWEVER, IF THE TRANSACTIONS HEREUNDER SHALL FAIL TO CLOSE BY REASON OF SELLER'S DEFAULT, AND BUYER SHALL HAVE FULLY PERFORMED ITS OBLIGATIONS HEREUNDER AND SHALL BE READY, WILLING AND ABLE TO CLOSE, THEN BUYER SHALL BE ENTITLED TO SPECIFICALLY ENFORCE THIS AGREEMENT (BUT NO OTHER ACTION, FOR DAMAGES OR OTHERWISE, SHALL BE PERMITTED). IF BUYER FAILS TO COMPLETE THE PURCHASE OF THE FEE SIMPLE INTEREST IN THE PROPERTY AS HEREIN PROVIDED BY REASON OF ANY DEFAULT OF BUYER, IT IS AGREED THAT THE DEPOSIT SHALL BE NON-REFUNDABLE AND SELLER SHALL BE ENTITLED TO SUCH DEPOSIT, WHICH AMOUNT SHALL BE ACCEPTED BY SELLER AS LIQUIDATED DAMAGES AND NOT AS A PENALTY AND AS SELLER'S SOLE AND EXCLUSIVE REMEDY. IT IS AGREED THAT SAID AMOUNT CONSTITUTES A REASONABLE ESTIMATE OF THE DAMAGES TO SELLER PURSUANT TO CALIFORNIA CIVIL CODE SECTION 1671 ETSEQ. BUYER AND SELLER AGREE THAT IT WOULD BE IMPRACTICAL OR IMPOSSIBLE TO PRESENTLY PREDICT WHAT MONETARY DAMAGES SELLER WOULD SUFFER UPON BUYER'S FAILURE TO COMPLETE ITS PURCHASE OF THE FEE SIMPLE INTEREST IN THE PROPERTY. BUYER DESIRES TO LIMIT THE MONETARY DAMAGES FOR WHICH IT MIGHT BE LIABLE HEREUNDER AND BUYER AND SELLER DESIRE TO AVOID THE COSTS AND DELAYS THEY WOULD INCUR IF A LAWSUIT WERE COMMENCED TO RECOVER DAMAGES OR OTHERWISE ENFORCE LER'S RIGHTS. IF FURTHER INSTRUCTIONS ARE REQUIRED BY ESCROW q.OLD TO EFFECTUATE THE TERMS OF THIS PARAGRAPH, BUYER AND SE ER AG E TO EXECUTE THE SAME. THE PARTIES ACKNOWLEDGE THIS P VISI BY PLACING THEIR INITIALS BELOW: BUYER SELLER 17. Relocation Assistance. In consideration of its receip fthe Purchase Price, Seller and Bernell agree that Buyer shall have no obligation to provide assistance to Seller or Bernell in connection therewith under any federal or state relocation laws or regulations, including, without limitation, the California Relocation Assistance and Real Property Acquisition statutes and guidelines ("Relocation Obligation"). In connection therewith, and to the fullest extent permitted by law, Seller and Bernell further agree that, effective on the Closing, Buyer shall be, and hereby is, fully and forever released from any and all claims and liabilities, whether direct or indirect, known or unknown, foreseen or unforeseen, that have arisen, or that may arise, in connection with the Relocation Obligation. By such release, Seller and Bernell expressly waive the provisions of California Civil Code Section 1542 that provide: 12 1 1231-0247\2428923v6.doc Page 154 Buyer's Initials: Seller.'s Initials: 16. Disposition of Deposit. IF THE TRANSACTIO HEREIN PROVIDED SHALL NOT BE CLOSED BY REASON OF SELLER'S DEFAULT UNDER THIS AGREEMENT OR THE FAILURE OF SATISFACTION OF THE CONDITIONS DESCRIBED IN SECTION 12 HEREOF, AND BUYER SHALL NOT HAVE DEFAULTED UNDER THIS AGREEMENT, THEN THE DEPOSIT SHALL BE RETURNED TO BUYER, AND NEITHER PARTY SHALL HAVE ANY FURTHER OBLIGATION OR LIABILITY TO THE OTHER; PROVIDED, HOWEVER, IF THE TRANSACTIONS HEREUNDER SHALL FAIL TO CLOSE BY REASON OF SELLER'S DEFAULT, AND BUYER SHALL HAVE FULLY PERFORMED ITS OBLIGATIONS HEREUNDER AND SHALL BE READY, WILLING AND ABLE TO CLOSE, THEN BUYER SHALL BE ENTITLED TO SPECIFICALLY ENFORCE THIS AGREEMENT (BUT NO OTHER ACTION, FOR DAMAGES OR OTHERWISE, SHALL BE PERMITTED). IF BUYER FAILS TO COMPLETE THE PURCHASE OF THE FEE SIMPLE INTEREST IN THE PROPERTY AS HEREIN PROVIDED BY REASON OF ANY DEFAULT OF BUYER, IT IS AGREED THAT THE DEPOSIT SHALL BE NON-REFUNDABLE AND SELLER SHALL BE ENTITLED TO SUCH DEPOSIT, WHICH AMOUNT SHALL BE ACCEPTED BY SELLER AS LIQUIDATED DAMAGES AND NOT AS A PENALTY AND AS SELLER'S SOLE AND EXCLUSIVE REMEDY. IT 1S AGREED THAT SAID AMOUNT CONSTITUTES A REASONABLE ESTIMATE OF THE DAMAGES TO SELLER PURSUANT TO CALIFORNIA CIVIL CODE SECTION 1671 ETSEQ. BUYER AND SELLER AGREE THAT IT WOULD BE IMPRACTICAL OR IMPOSSIBLE TO PRESENTLY PREDICT WHAT MONETARY DAMAGES SELLER WOULD SUFFER UPON BUYER'S FAILURE TO COMPLETE ITS PURCHASE OF THE FEE SIMPLE INTEREST IN THE PROPERTY. BUYER DESIRES TO LIMIT THE MONETARY DAMAGES FOR WHICH IT MIGHT BE LIABLE HEREUNDER AND BUYER AND SELLER DESIRE TO AVOID THE COSTS AND DELAYS THEY WOULD INCUR IF A LAWSUIT WERE COMMENCED TO RECOVER DAMAGES OR OTHERWISE ENFORCE SELLER'S RIGHTS. IF FURTHER INSTRUCTIONS ARE REQUIRED BY ESCROW HOLDER TO EFFECTUATE THE TERMS OF THIS PARAGRAPH, BUYER AND SELLER AGREE Tq EXECUTE THE SAME. THE PARTIES ACKNOWLEDGE THIS P VIS B ' G T EIR INITIALS BELOW: BUYER LLER 17. Relocation Assistance. In consideration of its receipt of the Purchase Price, Seller and Bernell agree that Buyer shall have no obligation to provide assistance to Seller or Bernell in connection therewith under any federal or state relocation laws or regulations, including, without limitation, the California Relocation Assistance and Real Property Acquisition statutes and guidelines ("Relocation Obligation"). In connection therewith, and to the fullest extent permitted by law, Seller and Bernell further agree that, effective on the Closing, Buyer shall be, and hereby is, fully and forever released from any and all claims and liabilities, whether direct or indirect, known or unknown, foreseen or unforeseen, that have arisen, or that may arise, in connection with the Relocation Obligation. By such release, Seller and Bernell expressly waive the provisions of California Civil Code Section 1542 that provide: 12 11231-024712428923v6.doc Page155 Buyer's Initials: Seller's Initials: 16, DisaoAiion of Deposit. IF THE TRANSACTION HEREIN PROVIDED SHALL NOT HE CLOSED BY REASON OF SELLER'S DEFAULT UNDER THIS AGREEMENT OR THE FAILURE OF SATISFACTION OF THE CONDITIONS DESCRIBED IN SECTION 12 HEREOF, .AND BUYER SHALL NOT HAVE DEFAULTED UNDER THIS AGREEMENT, THEN 'THE DEPOSIT" SHAI.I_ BE RETURNED TO BUYER, AND NEITHER PARTY SHAIJ_ HAVE ANY FURTHER 013IJGATION OR LIABILITY TO THE OTHER; PROVIDED, HOW E F,R. IF THE TRANSACTIONS 1.1EREUNDER SHALL FAIL TO CLOSE BY REASON OF SELLE.R'S DEFAULT, AND BUYER SHALL HAVE FULLY PERFORMED ITS OBLIGATIONS HEREUNDER ANO SMALL BE READY, WILLING AND ABI.T TO CLOSE, THEN BUYER SHALL BE EvrITLED TO SPECIFICALLY ENFORCE THIS AGREEMENT (BUT NO OTHER ACTION. FOR DAMAGES OR OTHERWISE, SHALL BE PERMITTED), 1F BUYER FAILS TO COM PLETF THE PURC'IIASE OF THE FEE SIMPLE INTEREST IN THE PROPERTY A HEREIN PROVIDED BY REASON OF ANY DEFAU LT OF BUYER, IT IS AGREED THAT THE DEPOSIT SHALL BE NON-RE UNDABL.E AND SELLER SHALL BE ENTITLED TO SUCH DEPOSIT, WHICH AMOUNT SHALL BE ACCEPTED BY SELLER AS LIQUIDATED DAMAGES AND NOT AS A PENALTY AND AS SELLER'S SOLE. AND EXCLUSIVE REMEDY. IT IS AGREED THAT SAID AMOUNT CONSTITUTES A REASONABLE ESTIMATE OF THE DAMAGES TO SELLER PURSUANT TO CAI,I PORN IACI IL CODESECTION 1671 ETSE Q. BUY ER AND SELLER AGREE THAT IT WOULD ICE IMPRACTICAL OR IMPOSSIBLE TO PRESENTLY PREDICT WHAT MONETARY DAMAGES SELLER WOULD SUFFER UPON BUYER'S FAILURE TO COMPLETE ITS PURCHASE OF THE FEE -SIMPLE INTERES'r IN THE PROPERTY. BUYER DESIRES TO LIMIT THE MONETARY DAMAGES FOR WHICH IT MIGHT BE LIABLE liERELFNDER AND BUYER AND SELLER DESIRE TO A OID THE COSTS AND DELAYS THEY WOULD INCUR IF A LAWSUIT WERE COMMENCED TO RECOVER DAMAGES OR OTHERWISE ENFORCE FL.LCR'S RIGHTS. IF FURTHER INSTRUCTIONS ARE REQUIRED BY ESCROW HOLDER TO EFFECTUATE THE TERMS OF THIS PARAGRAPH. BUYER AND SELLER AGREE TO EXLCIITE THE SAME. THE PARTIES ACKNOWLEDGE THIS PROVISION BY PLACING THEIR INITIALS BELOW BUYER SELLER 17. R.ebeat' n Assistance. In wr iderat ion of its receipt of the Purchase Price. Seller and Bernell agree that Buyer shell have no oNigation to provide assistance to Seller or Bernell in connection therewith under any federal or Mate relocation laws or regulations, including, w ithaut limitation, the California Rekication Assistance and Real Property Acquisition statutes and guidelines ("Relocation Obligation"), In connection therewith. and to the fullest extent permitted by law, Seller and Berne II further agree that, etfective on the Closing, Buyer shaII be. and hereby is. fully and forever released from any and all claims and IiabiIities, w hot her direct or indirect, known or unknown, foreseen or untbmseen, that have arisem or that may arise, in connection with the ReJoc:ation Obligation. By such release, Seller and Be>;'tleII expressly waive €he provisions 0fCaIilbrnia C 1viI Code Section 1542 that provide: 12 1 L231-U24%429923v6 doc Page 156 Buyer's Initials: Seller's Initials: 2&4�� 16. Disposition of Deposit. 1F THE TRANSACTION HEREIN PROVIDED SHALL NOT BE CLOSED BY REASON OF SELLER'S DEFAULT UNDER THIS AGREEMENT OR THE FAILURE OF SATISFACTION OF THE CONDITIONS DESCRIBED IN SECTION 12 HEREOF, AND BUYER SHALL NOT HAVE DEFAULTED UNDER THIS AGREEMENT, THEN THE DEPOSIT SHALL BE RETURNED TO BUYER, AND NEITHERPARTY SHALL HAVE ANY FURTHER OBLIGATION OR LIABILITY TO THE OTHER; PROVIDED, HOWEVER, IF THE TRANSACTIONS HEREUNDER SHALL FAIL TO CLOSE BY REASON OF SELLER'S DEFAULT, AND BUYER SHALL HAVE FULLY PERFORMED ITS OBLIGATIONS HEREUNDER AND SHALL BE READY, WILLING AND ABLE TO CLOSE, THEN BUYER SHALL BE ENTITLED TO SPECIFICALLY ENFORCE THIS AGREEMENT (BUT NO OTHER ACTION, FOR DAMAGES OR OTHERWISE, SHALL BE PERMITTED). IF BUYER FAILS TO COMPLETE THE PURCHASE OF THE FEE SIMPLE INTEREST IN THE PROPERTY AS HEREIN PROVIDED BY REASON OF ANY DEFAULT OF BUYER, IT IS AGREED THAT THE DEPOSIT SHALL BE NON-REFUNDABLE AND SELLER SHALL BE ENTITLED TO SUCH DEPOSIT, WHICH AMOUNT SHALL BE ACCEPTED BY SELLER AS LIQUIDATED DAMAGES AND NOT AS A PENALTY AND AS SELLER'S SOLE AND EXCLUSIVE REMEDY. IT IS AGREED THAT SAID AMOUNT CONSTITUTES A REASONABLE ESTIMATE OF THE DAMAGES TO SELLER PURSUANT TO CALIFORNIA CIVIL CODE SECTION 1671 ETS`EQ. BUYER AND SELLER AGREE THAT IT WOULD BE IMPRACTICAL OR IMPOSSIBLE TO PRESENTLY PREDICT WHAT MONETARY DAMAGES SELLER WOULD SUFFER UPON BUYER'S FAILURE TO COMPLETE ITS PURCHASE OF THE FEE SIMPLE INTEREST IN THE PROPERTY. BUYER DESIRES TO LIMIT THE MONETARY DAMAGES FOR WHICH IT MIGHT BE LIABLE HEREUNDER AND BUYER AND SELLER DESIRE TO AVOID THE COSTS AND DELAYS THEY WOULD INCUR IF A LAWSUIT WERE COMMENCED TO RECOVER DAMAGES OR OTHERWISE ENFORCE SELLER'S RIGHTS. IF FURTHER INSTRUCTIONS ARE REQUIRED BY ESCROW HOLDER TO EFFECTUATE THE TERMS OF THIS PARAGRAPH, BUYER AND SELLER AGREE TO EXECUTE THE SAME. THE PARTIES ACKNOWLEDGE THIS PROVISION BY PLACING THEIR INITIALS BELOW: (�<&- V BUYER SELUER 17. Relocation Assistance. In consideration of its receipt of the Purchase Price, Seller and Bernell agree that Buyer shall have no obligation to provide assistance to Seller or Bernell in connection therewith under any federal or state relocation laws or regulations, including, without limitation, the California Relocation Assistance and Real Property Acquisition statutes and guidelines ("Relocation Obligation"). In connection therewith, and to the fullest extent permitted by law, Seller and Bernell further agree that, effective on the Closing, Buyer shall be, and hereby is, fully and forever released from any and all claims and liabilities, whether direct or indirect, known or unknown, foreseen or unforeseen, that have arisen, or that may arise, in connection with the Relocation Obligation. By such release, Seller and Bernell expressly waive the provisions of California Civil Code Section 1542 that provide: 12 11231-024712428923v6 Am Page 157 "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." and all similar provisions or rules of law. Seller and Bernell understand that, by waiving these provisions, Seller and Bernell waive the right to make claims against Buyer for matters pertaining to the Relocation Obligation that are presently unknown or unanticipated. Buyer has given Seller and Bernell material consideration(i.e., the Purchase Price) in exchange for Seller and Bernell's agreement in this on 17. Seller and Bernell and Buyer have each initialed this Section 17 to indicate their accepta ce of each and every provision hereof. The provisions ofthis Section 17 shall survive t e Closi and shall not be merged into the Grant Deed or the other documents delivered at the Clo ing. BUYER R BERNELL The provisions of this Section 17 shal survive the Close of Escrow and the recording of the Grant Deed. 18. Notices. All notices and demands shall be given by email, with a written copy sent by First Class mail. Notices shall be considered given upon the earlier of(a) delivery by email, or(b) two (2) business days following deposit in the United States mail, postage prepaid, First Class mail. A copy of all notices shall be sent to Escrow Holder. Notices shall be addressed as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party shall thereafter be given as demanded in that notice: Buyer: City of Rancho Cucamonga Engineering Department 10500 Civic Center Drive Rancho Cucamonga, California 91730 Attn: Jason Welday Phone: (909) 477-2700 Email: Jason.Welday@ckyofrc.us Copy to: Richards, Watson&Gershon 350 South Grand Avenue, 37th Floor Los Angeles, California 90071 Attn.: Regina N. Danner, Esq. Phone: (213) 626-8484 Fax: (213) 626-0078 Email: rdanner@rwglaw.com 13 11231-024712428923v6.dm Page 158 "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." and all similar provisions or rules of law. Seller and Bernell understand that, by waiving these provisions, Seller and Bernell waive the right to make claims against Buyer for matters pertaining to the Relocation Obligation that are presently unknown or unanticipated. Buyer has given Seller and Bernell material consideration(i.e., the Purchase Price) in exchange for Seller and Bernell's agreement in this Section 17. Seller and Bernell and Buyer have each initialed this Section 17 to indicate their acceptance of each and every provision hereof. The provisions ofthis Section 17 shall survive the Closin0andshal not be merged into the Grant Deed or the other documents delivered at the CIO , g. BUYER SELLEP, BERNELL The provisions of this Section 17 shall survive the Close of Escrow and the recording of the Grant Deed. 18. Notices. All notices and demands shall be given by email, with a written copy sent by First Class mail. Notices shall be considered given upon the earlier of(a) delivery by email, or(b) two (2) business days following deposit in the United States mail, postage prepaid, First Class mail. A copy of all notices shall be sent to Escrow Holder. Notices shall be addressed as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party shall thereafter be given as demanded in that notice: Buyer: City of Rancho Cucamonga Engineering Department 10500 Civic Center Drive Rancho Cucamonga, California 91730 Attn: Jason Welday Phone: (909) 477-2700 Email: Jason.Welday@cityofre.us Copy to: Richards, Watson& Gershon 350 South Grand Avenue, 37th Floor Los Angeles, California 90071 Attn.: Regina N. Danner, Esq. Phone: (213) 626-8484 Fax: (213) 626-0078 Email: rdanner@rwglaw.com 13 1 1231-0247\2428923v6.doe Page 159 -A GENERAL RELEA F. DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN I-IIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT. IF KNOWN BY HIM DR HER. WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DF,R,f OR OR RELEASED PARTY," and all similar provisions or rules of law. Seller and Bernell understand that. by waiving these pro vi5 io ns, Seller and Berrie I wa iv the right to rnake claims against Buyer for matters pertaining to the Relocation Obligation that are presently�,nknown or unanticipated. Buyer has given Seller and Bernell material consideiration (i.e., the Purchase Price) in exchange for Seller and Berne II's agreement in this Section I7. Seller and Bernell and Buyer have each irlAialed this ction l 7 to indicate their acceptance of each and every provision hereof. The prov isions of this Sect ion 17 steal I survive the Closing and sha ll not be merged into the Grant reed or the 01her documents delivered at the C:lpstn . fi—tj'ER v .LE BERNELL The provisions 0f this Sect i-p—n-11 shall survive the Close of Escrow and the recording ofthe Grant Deed. 18. N91 ices. All notices and demands shall be given by email. with a written copy sent by First Mass mail. Notices shaII be considered given upon the earlier oF(a) delivery by email, or (b) two ( ) bus ines.,,days following deposit in the Untied States mail, postage prepaid, First Mass mail, A copy of all notices shall be seat to Escrow Hokier. Notices shall he addressed as provided below for the respective party: provided that if any party dives entice in wrking of a change of name or address. notices to such party shall thereaier be given as demanded in that notice: Buyer: City of Ranc ho C Ltcanxonga Engineering Department 10500 Civic Center Drive Rancho Cucurrianga, California 91730 Ann, Jason Welday Phone: (909) 477-2700 Ernaii: Jason.WeldayC;c:ityofrc_us Copy10. Richards, Watson&Cimhon 350 South Grand Avenue, 37th Floor Los Angeles, California 90071 Alin.. Regina . Danner, Esq. Phone: ( 13) 626-8484 Fax: (213) 626-0078 Email: rdanner(amrglaw.com 13 ]1�31-6247124299�u6.doC Page 160 "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." and all similar provisions or rules of law. Seller and Bernell understand that, by waiving these provisions, Seller and Bernell waive the right to make claims against Buyer for matters pertaining to the Relocation Obligation that are presently unknown or unanticipated. Buyer has given Seller and Bernell material consideration(i.e., the Purchase Price) in exchange for Seller and Bernell's agreement in this Section 17. Seller and Bernell and Buyer have each initialed this Section 17 to indicate their acceptance of each and every provision hereof. The provisions ofthis Section 17 shall survive the Closing and shall not be merged into t rant Deed or the other documents delivered at the Closing. BUYER SELLER BE ELL CC-O The provisions of this Section 17 shall survive the Close of Escrow and the recording of the Grant Deed. 18, Notices. All notices and demands shall be given by email, with a written copy sent by First Class mail. Notices shall be considered given upon the earlier of(a) delivery by email, or(b) two (2) business days following deposit in the United States mail, postage prepaid, First Class mail. A copy of all notices shall be sent to Escrow Holder. Notices shall be addressed as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party shall thereafter be given as demanded in that notice: Buyer: City of Rancho Cucamonga Engineering Department 10500 Civic Center Drive Rancho Cucamonga, California 91730 Attn: Jason Welday Phone: (909) 477-2700 Email: Jason.Welday@chyofrc.us Copy to: Richards, Watson& Gershon 350 South Grand Avenue, 37th Floor Los Angeles, California 90071 Attn.: Regina N. Danner, Esq. Phone: (213) 626-8484 Fax: (213) 626-0078 Email: rdanner@rwglaw.com 13 1 1 2 3 1-02 4 71242 892 3v6 doc Page 161 Seller: Jones Family Trust of 2010 Robert Bruce Stanford, Jr. William R. Rushing, Successor Trustee Bernell Hydraulics, Inc. Email: wilson59al@gmail.com ironbillr@gmail.com stanford744@earthlink.net With a Copy To: Paige Gosney Gresham, Savage, Nolan&Tilden, PC 550 E. Hospitality Lane, Suite 300 San Bernardino, California 92408-4205 Phone: (909) 723-1788 Email: paige.gosney@greshamsavage.com Kevin Abbott Lobb &Plewe 4160 Temescal Canyon Road, Suite 202 Corona, California 92883 Phone: (951) 788-9410 Email: kabbott@lobbplewe.com Escrow Holder: Commonwealth Land Title Company 888 South Figueroa Street, Suite 2100 Los Angeles, California 90017 Attention: Crystal Leyvas, VP National Accounts Escrow Officer Telephone: (213) 330-3059 Email: cleyvas@cltic.com 19. Broker's Commissions. Neither Party is represented by a real estate agent or broker in this transaction. The Parties represent that they have not incurred liability for brokerage commission or finder's fee arising from or relating to the transactions contemplated by this Agreement other than as disclosed in this Section 19. Buyer is not responsible for payment of any brokerage commission in this action. This Section 19 is intended to be solely for the benefit of the parties hereto and is not intended to benefit, nor may it be relied upon by, any person or entity not a party to this Agreement. This Section 19 shall survive the Close of Escrow and the delivery of the Grant Deed. 20. Time is of the Essence. The parties hereto agree that time is of the essence with respect to each term, condition and covenant hereof. 21. Successors and Assigns. The provisions of this Agreement are expressly binding upon,and shall inure to the benefit of the parties hereto and their successors in interest and assigns. 22. Entire Agreement. This Agreement,together with all exhibits hereto, integrates 14 11231-0247\2428923v6.doc Page 162 all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter hereof. 23. Severability. Invalidation of any of the terms, conditions, covenants, or other provisions contained herein by judgment or court order shall in no way affect any of the other terms, conditions, covenants, or provisions hereof and the same shall remain in full force and effect. 24. Amendments. Any amendments to this Agreement shall be effective only when duly executed by Seller and Buyer and deposited with Escrow Holder. 25. Attorneys' Fees. In the event that suit is brought for the enforcement of this Agreement or as the result of any alleged breach thereof the prevailing party or parties in such suit shallbe entitledto recovertheir reasonable attorneys' fees,costs,and expenses fromthe losing party or parties, and any judgment or decree rendered in such proceedings shall include an award thereof. 26. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of Seller and Buyer and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 27. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 28. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. For purposes of this Agreement, facsimile signatures shall be deemed to be original signatures, and shall be followed by the immediate overnight delivery of original signature pages. 29. Assignment of Agreement. Neither Buyer nor Seller may assign or transfer their respective rights or obligations under this Agreement without first obtaining the prior written consent of the other,which consent may be granted or withheld in the sole and absolute discretion of the applicable party. 30. 1031 Exchange. Seller may elect to seek to structure its sale of the fee simple interest inthe Property as a tax-deferred exchange pursuant to Sections 1031 or 1033 ofthe Internal Revenue Code of 1986, as amended, and the Treasury Regulations promulgated thereunder ("Exchange"), subject to the limitations set forth herein. Each party shall reasonably cooperate with the other, at no material cost to such cooperating party, in connection with the same, including, but not limited to, executing and delivering a consent of an assignment to a qualified exchange intermediary ofrights(but not obligations)under this Agreement;provided that(i)Buyer shall not be required to incur any additional liabilities or financial obligations as a consequence of such cooperation, (ii) Seller shall not be relieved of its obligations, representations or warranties under this Agreement,(iii)any attempt to structure the sale of the fee simple interest in the Property as an Exchange shall not be a condition to, and shall not delay or extend, the Closing, and (iv) Buyer shall not be required to acquire title to any other property. Buyer agrees 15 11231-0247\2428923v6.doc Page163 that performance by the intermediary designated by Seller will be treated as performance by Seller. Subject to the delivery to Seller of the Letter at the Close of Escrow, any risk that such an Exchange might not qualify as a tax-deferred transaction shall be borne solely by the Seller, and Seller acknowledges that Buyer has not provided, and will not provide, any tax, accounting, legal or other advice regarding the efficacy of any attempt to structure the transaction as an Exchange. Seller agrees to save, protect, defend, indemnify and hold Buyer harmless from any and all losses, costs, claims, liabilities, penalties, and expenses, including, without limitation, reasonable attorneys' fees, fees of accountants and other experts, and costs of any judicial or administrative proceeding or alternative dispute resolution to which Buyer may be exposed, due to any attempt to structure the transaction as an Exchange. 31. Interpretation. Whenever used herein, the term "including" shall be deemed to be followed by the words"without limitation." Words used in the singular number shall include the plural, and vice-versa, and any gender shall be deemed to include each other gender. 32. Captions. The captions and headings of the Articles and Sections of this Agreement are for convenience of reference only, and shall not be deemed to define or limit the provisions hereof. 33. Exhibits. The exhibits and schedules attached hereto are hereby incorporated by reference herein. 34. Effect of Waiver. A waiver by either party hereto shall not affect either party's right to enforce the provisions contained herein, nor shall any extension or waiver be held to be an extension of time or waiver of any prior or subsequent breach of the same or any other obligation under this Agreement. 35. Confidentiality. Buyer acknowledges that, during the course of its due diligence, the information it will receive with respect to the Property and Seller is confidential in nature. Buyer agrees(unless otherwise required by law)not to disclose such informationto anythird party and to keep such information confidential, except for disclosures which may be made to Buyer's attorneys, accountants, and other consultants employed for the purpose of facilitating the transactions contemplated hereby, provided that Buyer makes all such parties aware of the confidentiality requirements set forth herein, and causes such parties to abide by this Section. 36. No Memorandum. The parties agree that neither this Agreement nor a memorandum hereof shall be recorded, as the parties intend to maintain the confidentiality of the transactions contemplated hereby. 37. Leaseback. Buyer and Bernell shall enter into the Lease Agreement, which will commence on the Close of Escrow and end on June 30, 2022. The Lease Agreement shall grant Bernell Hydraulics, Inc. the right to remain in operation on the Property through the term of the Lease, unless terminated sooner, by Bernell. A true and correct copy of the proposed Lease is attached hereto as Exhibit "I". 38. Waiver of Code of Civil Procedure Section 1245.245. In the event the Buyer does not use the Subject Property for the Etiwanda Grade Separation Project and fails to adopt a Resolution of Necessity stating a different public use, Seller hereby expressly waives the 16 11231-0247\2428923v6.doc Page 164 requirement of California Code of Civil Procedure Section 1245.245(o.Buyer shall not be required to offer Seller the right of first refusal to purchase the Subject Property. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first above written. "Seller" JONES FAMILY TRUST OF 2010 By: William A. Jones, Trustee ROBERT BRUCE STANFORD, JR. Robert Bruce Stanford, Jr. WILLIAM R. RUSHING, TRUSTEE THE STRACK FAMILY TRUST, DATED MARCH 13, 2014 William R. Rushing, Trustee BERNELL HYDRAULICS, INC. By: Name: Title: 17 1 1231-024712428923v6.doc Page165 requirement of California Code of Civil Procedure Section 1245.245(o.Buyer shall not be required to offer Seller the right of first refusal to }purchase the Subject Property. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first above written. "Seller" JONES FAMILY TRUST OF 2010 B y: William A. Jones, Trustee ROBERT BRUCE STANFORD, JR. Robert Bruce St nford, r. WILLIAM R. RUSHING, TRUSTEE THE STRACK FAMILY TRUST, DATED MARCH 13, 2014 William R. Rushing, Trustee BERNELL HYDRAULICS, INC. By: Name: Title: 17 11231-024712428423v&doc Page 166 rNu ire ment of California Code of CiviI Procedure Section 1245,245(9,Buver sha[I not be requ fired to offer Se Il r the right of first refusal to purCIMSe [i1e SLibject PrOperty. IN Wl TN ESS WHEREOF, tk part ics have caused this Agreeinerit to be executed as of the date first above written. "Seller" JOKES FAMILY TRUST OF 2010 By: Wiliam A. Jones, Trustee ROBE RT B R U C E STANFORD, .IR. Rabat Bruce Stanford_ .fir_ WILLIAM R. RUSHING, TRU TEE THE STRACK FAMILY TRU T, DATED MARCH 13, 2014 William R. Rushy g, Trustee BERIYELL HYDRAULICS, I1NC. By, Name; Title: 17 Page 167 requirement of California Code of Civil Procedure Section 1245.245(0.Buyer shall not be required to offer Seller the right of first refusal to purchase the Subject Property. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first above written. "Seller" JONES FAMILY TRUST OF 2010 By: William A. Jones, Trustee ROBERT BRUCE STANFORD, JR, Robert Bruce Stanford, Jr, WILLIAM R. RUSHING, TRUSTEE THE STRACK FAMILY TRUST, DATED MARCH 13, 2014 William R. Rushing, Trustee BERNELL HYDRAULICS, INC. By: Name: KL Title: l� 17 11231-0247124284230.doc Page 168 "Buyer" CITY OF RANCHO CUCAMONGA, A MUNICIPAL CORPORATION By: Name: John Gillison Title: City Manager ATTEST: Janice C. Reynolds, City Clerk APPROVED AS TO FORM: Richards, Watson&Gershon, A Professional Corporation By: Regina N. Danner, Deputy City Attorney 18 11231-0247\2428923v6.doc Page 169 EXHIBIT A LEGAL DESCRIPTION OF FEE SIMPLE INTEREST ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THAT PORTION OF BLOCK 7, ACCORDING TO MAP SHOWING SUBDIVISION OF WEST ETIWANDA LAND AND TOWN COMPANY, BEING A PART OF SECTION 8, TOWNSHIP I SOUTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, AS PER PLAT RECORDED JUNE 19, 1901 IN BOOK 15, PAGE 12 OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID BLOCK 7; THENCE NORTH ALONG THE WESTERLY LINE THEREOF, 135 FEET; THENCE EASTERLY TO A POINT IN THE EASTERLY LINE OF SAID BLOCK 7, 122 FEET NORTH OF THE SOUTHEAST CORNER THEREOF; THENCE SOUTH, ALONG SAID EASTERLY LINE, 122 FEET, TO SAID SOUTHEAST CORNER; THENCE WESTERLY ALONG THE SOUTHERLY LINE THEREOF TO THE POINT OF BEGINNING. THE EASTERLY '/2 OF BRUCE AVENUE, LYING WEST OF AND ADJOINING THE PREMISES ABOVE DESCRIBED, VACATED AND ABANDONED BY ORDER OF THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, A COPY OF WHICH ORDER WAS RECORDED SEPTEMBER 27, 1934, IN BOOK 1001, PAGE 30 OF OFFICIAL RECORDS. TOGETHER WITH THAT PORTION OF THE WEST ONE-HALF OF ETIWANDA AVENUE WHICH WOULD PASS BY OPERATION OF LAW UPON CONVEYANCE OF SAID LAND. APN: 0229-131-07 Exhibit A 1 Page 170 EXHIBIT B - ViG � 1 q n O O _ v C 4� I � V 1 CCJ aF 'O L 11f GS 6i T11,73 11d.15 = I � � � 956.41 •� 7 � err M ; sd m.s•Z� ==----_--- Q I `IGg1 d7Kr 6C N O H O m y a o e'O L � c 7 tl o a m 3 n o a W a C � o i O da N n N O I y .� f - w Page 171 BERNELL HYDRAULICS, INC. IMPROVEMENTS PERTAINING TO THE REALTY EFFECTIVE DATE OF VALUE-DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 1 2 Signs, 105" wide x 12' high, 4"tubular metal posts and $6,150 $4,925 $300 frame,2 sheet metal inserts, I- 8'x 3', 1- 8'x 4% dual-sided, vinyl lettering, "Bernell Hydraulics/Packer Hydraulics, pneumatics and hose fittings" 2 1 Sign, 4' x T, sheet metal,vinyl letter d6cor, "Bernell 450 315 25 Hydraulics, Inc.",wall-bolted 3 450 Square feet of security window bars,tubular steel and 8,600 6,025 0 decorative wrought iron 4 108 Square feet of retail slat wall, laminate,wall-bolted, 430 350 25 consisting of: 1 2'x 6' 1 4'x 4' 2 8'x 5' 5 12 Linear feet of service counter,27" deep, 36" and 42" high, 4,200 3,150 0 wood base, plated steel top and fascia, dual-sided open under shelving 6 1 Built-in wall shelf,48" x 60" x 10",2" x 2" steel uprights, 325 245 20 8- 10" deep metal shelves, wall-bolted 7 1 Hose display rack, 8' high, 1.5" x 1.5" tubular steel, 430 325 25 7- 12" hanger rods,welded steel 8 2 Floor sinks, enamel on metal top, floor recessed, plumbing 3,450 2,415 0 9 1 Scullery/hand wash sink, 57" wide, stainless steel, 1,600 1,125 125 2-compartment, dual drain boards,dual single mixing faucets, plumbing, 1 rinse wand 10 1 Over/under locker unit,Tennsco, 6'x 6'x 18",metal, 950 665 95 12 locker units 11 I Garment dowel rack, 54" long, 1.25",metal wall-bolted 55 40 0 12 1 Hose storage rack, 17' x 8.5'x 24", 7-4" x 2" uprights, 2,725 2,175 250 4-24" long x 1.75" diameter metal hanger rods 1 Page172 BERNELL HYDRAULICS, INC. IMPROVEMENTS PERTAINING TO THE REALTY EFFECTIVE DATE OF VALUE- DECEMBER 10,2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 13 1 Hose storage racks,Y x 11', 2-4"x 2" uprights, 5-dual 1,050 840 100 24" long x 1.75" diameter metal hanger rods 14 10 Surveillance cameras, manufacturer and model no. not 6,000 3,900 300 available, including wall mounts,electrical and video cabling to office 15 1,000 Square feet of mezzanine storage, 9.5'high, steel supports 31,000 24,750 3,000 and uprights, plywood deck,consisting of: 1 Staircase, 30" wide, 14-step 2 Wings, 25.5'x 17' 1 Connecting walkway, 40' long x 40" wide 16 1 Jib crane,42" high x 9' tong, 8" high I-beam, I chain hoist, 5,200 4,150 525 Yale, Model: W, 1 ton, support beam mounted 17 1 Jib crane, 55" high x 10' long, 8" I-beam, I chain hoist, 5,000 4,000 200 -- Dayton, 1/2 ton, mounted on I I' high x 14" wide I-beam 18 1 Stationary jib crane, 8' long, 2" x 2" steel with additional 3,650 2,925 375 support, electric chain hoise, 1/2 ton 19 1 Jib crane, 4.5' high x G long, 8" high I-beam, 1 chain hoist, 2,700 2,150 270 CM, 1/2 ton capacity 20 1 Jib crane, 5.5'high x 6' long, 8" high I-beam, 1 chain hoist, 2,400 1,925 240 1/4 ton 21 1 Lot of supplemental electrical power distribution in 8,500 590 0 workshop, consisting of: 1 120V outlet, quad 2 240V outlets 1 Safety switch, 400 amp, heavy duty 1 120/240V bump-up transformer, manufacturer and model no. not available 1 Subpanel, 120V, 3-phase, with breakers 22 320 Squae feet of wall-mounted pegboard in shop area 800 520 0 2 Page173 BERNELL HYDRAULICS,INC. IMPROVEMENTS PERTAINING TO THE REALTY EFFECTIVE DATE OF VALUE- DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. - Description Cost New Place Value 23 1 Alarm system, including control panels, code pads, motion 3,200 2,250 0 sensors, door contacts, sirens, etc. for all 3 buildings on property 24 1 Lot of data cabling,computer networking and VoIP phone 6,800 4,750 0 cabling for 17 workstations, including wall jacks 25 1 Lot of compressed air piping,consisting of: 25,500 17,850 700 38 Snap disconnect fittings 1 Drain valve,3/4" 1 Isolation valve, 3/4" 5 Air hose reels 120 Linear feet of steel piping, 1" 110 Linear feet of steel piping, 3/4" 380 Linear feet of copper piping, I" 438 Linear feet of copper piping,3/4" 1 Air receiver tank,200 gallon, w/hose connections 1 Water separator 26 1 Jib crane in shop building, swiveling, 1,000 lb. capacity, 9,225 6,450 1,400 with I-beam arm, 14" deep x 16' long,with: 1 Steel column, heavy duty, floor bolted I Trolly I Pneumatic chain hoist I Vise attached, 5"jaws, Olympia 1 Crane foundation, reinforced concrete,4'x 5' 27 1 Beam crane in shop building,with main I-beam, steel, 8,500 5,950 1,000 8" deep x 24' long, with: 3 I-beam support arms, steel, 8" deep x 10' long I Trolly 1 Chain hoist, C&M, est. 1,000 lb., capacity 3 Oversized steel columns, of building 3 Crane column foundations, reinforced concrete 3 I-beam support arms, steel, 16" deep x 12' long 3 Trollys for crane beam 3 Page174 BERNELL HYDRAULICS, INC. IMPROVEMENTS PERTAINING TO THE REALTY EFFECTIVE DATE OF VALUE- DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 28 1 Heavy duty stock rack, steel, consisting of: 5,800 4,060 100 16 Cantilevered arms, 4' long,tapered, attached to building columns 3 Feet,I-beam, 12" deep x 4',attached to building columns 29 3 Bull horn speakers, exterior wall mounted,with wiring 350 245 15 30 3 Yard lighting standards, HID, on concrete poles, 20'high, 11,150 7,800 300 with: 350 Linear feet of conduit and wiring, underground 31 1 Hose shed building, consisting of: 28,500 19,950 3,000 3 Storage containers, 8'x 20'x 8' 1 Wood framed shed, 24' 8" x 22'x 9'7", front wall only,concrete floor,with 4-skylights, 2'x 4' 1,512 Square feet of steel roof, with 2-ventilators 14 Fluorescent light fixtures, switches,conduit and wiring 3 Fourplex electrical outlets 2 Disconnect switches, 30 amp. 2 Large electrical junction boxes 32 8,177 Square feet of steel canopy building, 85'x 93' and 34'x 8% 189,000 132,300 1,000 16' high, suppotrted by columns,with: 8,280 Square feet of concrete slab, 90'x 92' 1 Sump pit I Lot of panel, circuit breakers, conduit and wiring 33 8,618 Square feet of concrete yard paving, 6" thick, 96'x 78'and 48,000 33,600 0 25'x 98' and 20' x 32', over aggregate base 34 1 Plumbing improvements at truck wash area, consisting of: 2,000 1,400 40 1 Hose bib 40 Linear feet of copper piping,3/4" 1 Sprinkler timer 1 Duplex outlet and related conduit and wiring 100 Linear feet of sprinkler piping, 3/4" 1 Ball valve, 3/4" 1 Sprinkler actuator valve 4 Page175 BERNELL HYDRAULICS, INC. IMPROVEMENTS PERTAINING TO THE REALTY EFFECTIVE DATE OF VALUE-DECEMBER 10,2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 35 1 Sink,with faucet, laundry tray, with: rough in, soap 1,000 700 10 dispenser, small mirror, in machine shop 36 1 Electrical distribution panel,200 amp., in machine shop, 7,700 5,390 60 with: 9 Circuit breakers,20 amp./1 pole I Circuit breaker, 20 amp./3 pole l Circuit breaker, 30 amp./3 pole l Circuit breaker, 40 amp./3 pole 2 Circuit breakers, 60 amp./3 pole 90 Linear feet of conduit and wiring to main panel 37 52 Square feet of overhead storage rack, steel,4'x 13', heavy 500 350 25 duty,wall mounted,with wood top 38 1 Jib crane in shop building, 1/2 ton,wall mounted on post, 4,075 2,850 700 swiveling I-beam arm, 6" deep x 8' 6" long, with: 1 Trolly 1 Chain hoist 39 1 Jib crane in shop building, 1/4 ton, wall mounted on post, 3,275 2,300 500 swiveling tubular arm, 2" x 2" x 8' 6" long, with: I Pneumatic jack on boom angle adjustment 1 Chain 40 22 Linear feet of welder's flash curtain rail, steel, ceiling 23910 2,030 100 mounted, with: I Flash curtain,plastic, 22' x 10' 41 64 Square feet of overhead storage rack, steel,4'x l 6% heavy 600 420 30 duty, wall mounted,with wood top, in machine shop 42 144 Square feet of partition wall in machine shop,wood framed, 925 650 10 insulated,with plywood sides, Tech Shield 43 2 Bollards, steel, 3" diameter x 32", floor bolted, in machine 470 330 30 shop 44 120 Square feet of storage mezzanine in machine shop, steel 1,335 935 100 with wood deck, 10'x 12', with: l Steel door, Tx 6' 5 Page176 BERNELL HYDRAULICS, INC. IMPROVEMENTS PERTAINING TO T14E REALTY EFFECTIVE DATE OF VALUE-DECEMBER 10,2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty, Description Cost New Place Value 45 1 Four post truck lift, Mohawk, 2,500 lb. capacity per post, 29,000 12,000 2,500 with: 2 End ramps 16 Floor bolts to canopy slab 4 Corner bollard and pipe rail guards, steel 70 Linear feet of conduit and wiring to panel 46 2 Jib cranes,Abel-Howe, in canopy building, mounted on 29,000 20,300 4,500 column, 30" x 15" x 16', consisting of: 1 Swiveling I-beam arm, 18" deep x 20' long 1 Trolly I Chain hoist, Coffing, 3 ton,electric I Swiveling I-beam arm, 12" deep x 19' long I Trolly I Chain hoist, C&M, 1/2 ton I Fourplex outlet - I Disconnect switch, 30 amp. I Disconnect switch, 100 amp. 130 Linear feet of conduit and wiring to panel I Crane foundation, reinforced concrete, 6'x 6' 47 1 Jib crane, in canopy building, mounted on column, 8,000 5,600 1,200 consisting of- 1 Swiveling I-beam arm, 12" deep x 15' 6" long 1 Trolly I Chain hoist, electric,est. 1,000 lb. 55 Linear feet of conduit and wiring to panel I Crane foundation, reinforced concrete, 5'x 5' 48 1 Jib crane, in canopy building, mounted on column, 6,350 4,445 950 consisting of: I Swiveling I-beam arm, 8" deep x 15' 6" long I Trolly I Chain hoist, Coffing, electric, 1/4 ton capacity 45 Linear feet of conduit and wiring to panel I Crane foundation, reinforced concrete,4'x 4' 49 19 Square feet of pegboard, wall mounted 90 60 0 6 Page177 BERNELL HYDRAULICS, INC. IMPROVEMENTS PERTAINING TO THE REALTY EFFECTIVE DATE OF VALUE-DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 50 1 Stock rack, 18'x 13" x 8',4 post x 9 arm,wall mounted, 2,450 1,715 120 outside 51 1 Jib crane, in test room, mounted on building column, 6,800 4,760 1,000 consisting of: 1 Swiveling I-beam arm, 6" deep x 12' long I Trolly 1 Chain hoist, Lode Star CM,electric, 1/2 ton capacity 35 Linear feet of conduit and wiring to panel 52 4 Test panel disconnect switches,with motor test leads, 3,600 2,520 250 consisting of: 2 220 volt 2 480 volt 20 Linear feet of conduit and wiring to panel TOTAL IMPROVEMENTS PERTAINING TO THE REALTY $541,770 $371,465 $25,515 7 Page178 BERNELL.HYDRAULICS,INC. IMPROVEMENTS PERTAINING TO THE REALTY EFFECTIVE DATE OF VALUE-DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 1 2 Signs, 105" wide x 12'high,4"tubular metal posts and $6,150 $4,925 $300 frame, 2 sheet metal inserts, 1- 8'x 3', 1- 8'x 4',dual-sided, vinyl lettering, "Bernell Hydraulics/ Packer Hydraulics, pneumatics and hose fittings" 2 1 Sign,4' x 3', sheet metal,vinyl letter d6cor, "Bernell 450 315 25 Hydraulics, Inc.",wall-bolted 3 450 Square feet of security window bars,tubular steel and 8,600 6,025 0 decorative wrought iron 4 108 Square feet of retail slat wall, laminate,wall-bolted, 430 350 25 consisting of: 1 2'x 6' 1 4'x 4' 2 8'x5' 5 12 Linear feet of service counter, 27" deep, 36" and 42" high, 4,200 3,150 0 wood base, plated steel top and fascia, dual-sided open under shelving 6 l Built-in wall shelf,48" x 60" x 10",2" x 2" steel uprights, 325 245 20 8- 10" deep metal shelves, wall-bolted 7 1 Hose display rack, Thigh, 1.5" x 1.5" tubular steel, 430 325 25 7- 12" hanger rods, welded steel 8 2 Floor sinks, enamel on metal top, floor recessed, plumbing 3,450 2,415 0 9 1 Scullery/hand wash sink, 57" wide, stainless steel, 1,600 1,125 125 2-compartment, dual drain boards, dual single mixing faucets, plumbing, 1 rinse wand 10 1 Over/under locker unit, Tennsco, 6'x 6'x l 8", metal, 950 665 95 12 locker units 1 1 I Garment dowel rack, 54" long, 1.25",metal wall-bolted 55 40 0 12 1 Hose storage rack, 17' x 8.5'x 24", 7-4" x 2" uprights, 2,725 2,175 250 4-24" long x 1.75" diameter metal hanger rods I Page179 BERNELL HYDRAULICS, INC. IMPROVEMENTS PERTAINING TO THE REALTY EFFECTIVE DATE OF VALUE-DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 13 1 Hose storage racks, 3'x 11',2-4" x 2" uprights, 5-dual 1,050 840 100 24" long x 1.75" diameter metal hanger rods 14 10 Surveillance cameras, manufacturer and model no. not 6,000 3,900 300 available, including wall mounts, electrical and video cabling to office 15 1,000 Square feet of mezzanine storage, 9.5' high, steel supports 31,000 24,750 3,000 and uprights, plywood deck, consisting of: 1 Staircase, 30" wide, 14-step 2 Wings, 25.5'x 17' 1 Connecting walkway,40' long x 40" wide 16 1 Jib crane,42" high x 9' long, 8" high I-beam, 1 chain hoist, 5,200 4,150 525 Yale, Model: W, 1 ton, support beam mounted 17 1 Jib crane, 55" high x 10' long, 8" I-beam, I chain hoist, 5,000 4,000 200 Dayton, 1/2 ton,mounted on I P high x 14" wide I-beam 18 1 Stationary jib crane, 8' long, 2" x 2" steel with additional 3,650 2,925 375 support,electric chain hoise, 1/2 ton 19 1 Jib crane,4.5'high x 6' long, 8" high I-beam, 1 chain hoist, 2,700 2,150 270 CM, 1/2 ton capacity 20 1 .lib crane, 5.5'high x G long, 8" high I-beam, 1 chain hoist, 2,400 1,925 240 1/4 ton 21 1 Lot of supplemental electrical power distribution in 8,500 590 0 workshop, consisting of- 1 120V outlet, quad 2 240V outlets 1 Safety switch,400 amp, heavy duty 1 120/240V burnp-up transformer, manufacturer and model no. not available 1 Subpanel, 120V, 3-phase, with breakers 22 320 Squat feet of wall-mounted pegboard in shop area. 800 520 0 2 Page180 BERNELL HYDRAULICS, INC. IMPROVEMENTS PERTAINING TO THE REALTY EFFECTIVE DATE OF VALUE- DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 23 1 Alarm system, including control panels, code pads, motion 3,200 2,250 0 sensors, door contacts, sirens, etc. for all 3 buildings on property 24 1 Lot of data cabling, computer networking and VoIP phone 6,800 4,750 0 cabling for 17 workstations, including wall jacks 25 1 Lot of compressed air piping, consisting of: 25,500 17,850 700 38 Snap disconnect fittings I Drain valve, 3/4" I Isolation valve, 3/4" 5 Air hose reels 120 Linear feet of steel piping, I" 110 Linear feet of steel piping, 3/4" 380 Linear feet of copper piping, I" 438 Linear feet of copper piping, 3/4" I Air receiver tank, 200 gallon,w/hose connections - I Water separator 26 1 Jib crane in shop building, swiveling, 1,000 lb. capacity, 9,225 6,450 1,400 with I-beam arm, 14" deep x 16' long, with: 1 Steel column, heavy duty, floor bolted 1 Trolly I Pneumatic chain hoist 1 Vise attached, 5"jaws,Olympia 1 Crane foundation, reinforced concrete,4'x 5' 27 1 Beam crane in shop building,with main I-beam, steel, 8,500 5,950 1,000 8" deep x 24' long, with: 3 I-beam support arms, steel, 8" deep x 10' long 1 Trolly 1 Chain hoist, C&M, est. 1,000 lb., capacity 3 Oversized steel columns, of building 3 Crane column foundations, reinforced concrete 3 I-beam support arms, steel, 1.6" deep x 12' long 3 Trollys for crane beam 3 Page 181 BERNELL HYDRAULICS, INC. IMPROVEMENTS PERTAINING TO THE REALTY EFFECTIVE DATE OF VALUE- DECEMBER 10,2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 28 1 Heavy duty stock rack, steel, consisting of: 5,800 4,060 100 16 Cantilevered arms, 4' long,tapered, attached to building columns 3 Feet, I-beam, 12" deep x 4', attached to building columns 29 3 Bull horn speakers, exterior wall mounted,with wiring 350 245 15 30 3 Yard lighting standards, HID,on concrete poles,20' high, 11,150 7,800 300 with: 350 Linear feet of conduit and wiring, under ground 31 1 Hose shed building, consisting of: 28,500 19,950 3,000 3 Storage containers, 8'x 20'x 8' 1 Wood framed shed, 24' 8" x 22'x 9' 7", front wall only,concrete floor, with 4-skylights,2'x 4' 1,512 Square feet of steel roof,with 2-ventilators 14 Fluorescent light fixtures, switches, conduit and wiring 3 Fourplex electrical outlets 2 Disconnect switches, 30 amp. 2 Large electrical junction boxes 32 8,177 Square feet of steel canopy building, 85' x 93' and 34' x 8', 189,000 132,300 1,000 16' high, suppotrted by columns, with: 8,280 Square feet of concrete slab, 90'x 92' l Sump pit 1 Lot of panel, circuit breakers, conduit and wiring 33 8,618 Square feet of concrete yard paving, 6" thick, 96' x 78'and 48,000 33,600 0 25'x 98' and 20'x 32', over aggregate base 34 1 Plumbing improvements at truck wash area,consisting of: 2,000 1,400 40 1 Hose bib 40 Linear feet of copper piping, 3/4" 1 Sprinkler timer 1 Duplex outlet and related conduit and wiring 100 Linear feet of sprinkler piping, 3/4" Ball valve, 3/4" 1 Sprinkler actuator valve 4 Page182 BERNELL HYDRAULICS,INC. IMPROVEMENTS PERTAINING TO THE REALTY EFFECTIVE DATE OF VALUE-DECEMBER 10,2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 35 1 Sink, with faucet, laundry tray,with: rough in, soap 1,000 700 10 dispenser, small mirror, in machine shop 36 1 Electrical distribution panel,200 amp., in machine shop, 7,700 5,390 60 with: 9 Circuit breakers, 20 amp./I pole 1 Circuit breaker, 20 amp./3 pole 1 Circuit breaker, 30 amp./3 pole 1 Circuit breaker, 40 amp./3 pole 2 Circuit breakers, 60 amp./3 pole 90 Linear feet of conduit and wiring to main panel 37 52 Square feet of overhead storage rack, steel, 4'x IT, heavy 500 350 25 duty, wall mounted,with wood top 38 1 Jib crane in shop building, 1/2 ton, wall mounted on post, 4,075 2,850 700 swiveling 1-beam arm, 6" deep x 8' 6" long, with: 1 Trolly 1 Chain hoist 39 1 Jib crane in shop building, 1/4 ton,wall mounted on post, 3,275 2,300 500 swiveling tubular arm, 2" x 2" x 8' 6" long, with: I Pneumatic jack on boom angle adjustment 1 Chain 40 22 Linear feet of welder's flash curtain rail, steel; ceiling 2,910 2,030 100 mounted,with: I Flash curtain, plastic, 22' x 10' 41 64 Square feet of overhead storage rack, steel, 4'x 16', heavy 600 420 30 duty, wall mounted,with wood top, in machine shop 42 144 Square feet of partition wall in machine shop, wood framed, 925 650 10 insulated, with plywood sides,Tech Shield 43 2 Bollards, steel, 3" diameter x 32", floor bolted, in machine 470 330 30 shop 44 120 Square feet of storage mezzanine in machine shop, steel 1,335 935 100 with wood deck, 10'x 12% with: 1 Steel door, 3'x 6' 5 Page183 BERNELL HYDRAULICS,INC. IMPROVEMENTS PERTAINING TO THE REALTY EFFECTIVE DATE OF VALUE-DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 45 1 Four post truck lift,Mohawk,2,500 lb. capacity per post, 29,000 12,000 2,500 with: 2 End ramps 16 FIoor bolts to canopy slab 4 Corner bollard and pipe rail guards, steel 70 Linear feet of conduit and wiring to panel 46 2 Jib cranes,Abel-Howe, in canopy building, mounted on 29,000 20,300 4,500 column, 30" x 15" x 16', consisting of: 1 Swiveling I-beam arm, 18" deep x 20' long I Trolly 1 Chain hoist, Coffing, 3 ton, electric I Swiveling I-beam arm, 12" deep x 19' long 1 Trolly I Chain hoist, C&M, 1/2 ton 1 Fourplex outlet 1 Disconnect switch, 30 amp. l Disconnect switch, 100 amp. 130 Linear feet of conduit and wiring to panel 1 Crane foundation, reinforced concrete, 6'x 6' 47 1 Jib crane, in canopy building, mounted on column, 8,000 5,600 1,200 consisting of: I Swiveling I-beam arm, 12" deep x 15' 6" long I Trolly I Chain hoist, electric, est. 1,000 lb. 55 Linear feet of conduit and wiring to panel 1 Crane foundation, reinforced concrete, 5'x 5' 48 I Jib crane, in canopy building, mounted on column, 6,350 4,445 950 consisting Of: I Swiveling I-beam arm, 8" deep x 15' 6" long I Trolly 1 Chain hoist,Coffing, electric, 1/4 ton capacity 45 Linear feet of conduit and wiring to panel l Crane foundation, reinforced concrete,4'x 4' 49 19 Square feet of pegboard, wall mounted 90 60 0 6 Page184 BERNELL HYDRAULICS, INC. IMPROVEMENTS PERTAINING TO THE REALTY EFFECTIVE DATE OF VALUE- DECEMBER 10, 2018 Fain Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 50 1 Stock rack, 18' x 13" x 8',4 post x 9 arm, wall mounted, 2,450 1,715 120 outside 51 1 Jib crane, in test room, mounted on building column, 6,800 4,760 1,000 consisting of: 1 Swiveling I-beam arm, 6" deep x 12' long I Trolly 1 Chain hoist, Lode Star CM, electric, 1/2 ton capacity 35 Linear feet of conduit and wiring to panel 52 4 Test panel disconnect switches,with motor test leads, 3,600 2,520 250 consisting of: 2 220 volt 2 480 volt 20 Linear feet of conduit and wiring to panel TOTAL IMPROVEMENTS PERTAINING TO THE REALTY $541,770 $371,465 $25,515 7 Page185 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE-DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 53 4 Stools,tubular chrome base,padded vinyl seats $480 $170 $45 54 1 "Wet floor/Caution" sign, Rubbermaid 20 5 5 55 1 Water cooler, hot/cold, bottled 180 55 15 56 1 Soda/snack vending machine, FSI, model no. not available, ---- ---- ---- 42" x 69" x 34", 6-soda, 12-snack, coin and bill acceptor, vendor owned, not appraised 57 12 Linear feet of wall gondola shelving, Thigh,metal frame, 1,350 540 150 pegboard backing, 6 metal tiers,metal wire guard rails 58 12 Linear feet of dual-sided gondola shelving, Lozier, 5'high 2,125 850 200 x 39" deep, metal, pegboard backing, 5 metal tiers per side, metal wire guard railing, I end cap,40" wide,2 gondola shelves, including product signage - 59 2 Equipment carts,4'x 30" x 18",tubular metal,4 metal wire 435 175 40 shelves 60 1 Label printer, Brother, Model: P-Touch 80 30 10 61 1 Equipment cart, 4'x 6'x 18",tubular metal, 6 metal wire 270 110 25 tiers 62 8 Linear feet of wall gondola shelving, 5' high x 20" deep, 1,200 480 120 metal,pegboard backing, 5 metal tiers, metal wire guard railing 63 1 Stepstool, chrome, 13" high 50 15 5 64 1 Lot of retail plastic small parts bins 300 90 25 65 1 Folding stepstool, Cosco, 3-step 70 25 10 66 1 Wall display cabinet, 36" x 24" x 9", laminate, 2 sliding 120 35 10 glass doors 8 Page186 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE- DECEMBER 10,2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty, Description Cost New Place Value 67 1 Spinner display merchandiser, 7'high,metal base, 4-sided 200 70 25 pegboard panels 68 1 Wall gondola rack, 8'wide x 7' high x 23" deep,metal 880 310 80 frame, pegboard backing,4 metal gondola shelves with metal wire guard rails 69 1 Spinner rack, Lift Safety Center, 18" x 6'x 18",tubular 175 50 15 metal displays 70 1 Wall clock, 18" plastic 25 10 5 71 2 Desks, 66" x 30", with 36" return, double pedestal, laminate 1,300 450 130 top on metal 72 3 Chair mats, plastic 215 65 20 73 4 Task armchairs, plastic, fabric seats, mesh backs 800 280 80 74 1 File cabinet, Hon, letter size, metal, 2-drawer 160 50 15 75 3 All-in-one machines, HP, Model no.: LaserJet 1536dnf MFP 250 90 45 76 2 Wall cabinets, Gladiator, 28" x 28" x 12", metal 245 85 25 77 5 Computers, HP, model no. not available, including 4,500 1,250 600 keyboards,mice,speakers and monitors 78 7 IP telephones, Mitel,Model no.: 5330e 3,875 1,350 400 79 1 Popcorn maker, Lincoln Popper, 18" x 25" x 18", glass 200 70 20 enclosure 80 1 Coffee maker, Mr. Coffee, stainless steel, 12-cup 85 25 10 81 1 Fire extinguisher, Amerex, 10 lb. 110 35 10 82 1 Air filter, Blue Air, model no. not available, 17" x 21" x 9" 380 130 40 83 1 Receipt printer, Epson, Model no.: M244A 325 95 30 9 Page187 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE- DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 84 1 Wall gondola shelf, 4'x 6' x 18",tubular metal, pegboard 400 120 40 back, 3 metal shelves 85 1 Television, Proscan, 32", including wall mount 220 55 15 86 1 Blue Ray disc player, Sony, model no. not available, 60 15 5 including wall mount stand, 2-tier, metal 87 2 Desks, 66" x 30",with 42" x 26" return,double pedestal, 1,400 420 120 metal base 88 1 Credit card terminal, Ingenico, model no. not available 350 100 30 89 1 Cash drawer, metal, lock hardware 120 35 10 90 2 Corkboards, Y x 2',wood frame 90 30 10 91 1 Dry erase board,Y x 2', metal frame 110 35 10 92 1 All-in-one machine, HP, Model no.: LaserJet Pro MFP 230 70 30 M225dn 93 1 Desk filer, 15" wide, metal, 3-drawer 150 45 15 94 1 Task armchair, padded vinyl seat 175 40 15 95 1 Bookcase, 60" x 90" x 12", wood, 24 cubbyhole sections 240 75 25 96 1 Night stand, 28" x 29" x 16",wood, 1 drawer, 2-door 150 45 15 97 1 Storage cabinet, 4' x 78" x 24", Uline,2-door 575 170 110 98 1 Bookcase,48" x 84" x 13", wood, 12 cubbyhole sections 190 60 20 99 2 Wall speaker, Valcom, 12" x 12" 120 35 10 10 Page188 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE-DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value Hose Room 100 1 Flaring and Flanging system, Parker,Model no: Parflange 86,500 43,250 10,000 50, including feeder 101 36 Linear feet of shelving units, 86" high x 13" deep, bolted 3,850 1,150 375 metal, 11-tier, metal 102 1 Fire extinguisher, Amerex, 10 lb. 110 35 10 103 1 Hand truck, metal 110 30 10 104 1 Dry erase board, 3'x 2', metal 65 20 5 105 1 Shelf, 6'x Tx 12", metal, 12-tier 340 100 30 106 1 Mop bucket, Rubbermaid 80 20 5 107 1 Dirty garment locker, 17" x 77" x 16", metal 225 65 20 108 1 Chair,tubular metal, metal mesh seat and back 150 35 10 109 1 Bench, 55" x 25" x 22", wood base, metal legs,plated steel 350 105 35 top 110 1 Paper towel dispenser, GP, stainless steel, manual 50 15 5 III I Soap dispenser, Zep 70 20 5 112 1 Clean towel dispenser, plastic,manual 35 10 5 113 2 Crimping machines, Parker, Model no.: Parkrimp 2, Catalog 15,500 5,500 2,000 4400 US,with base and hydraulic package,240V 114 15 Linear foot of gondola wall shelving,49" high x 22" deep, 1,500 600 150 metal frame, 6 gondola shelves, including 1 lot of plastic bins 115 1 Storage cabinet,4'x 78" x 24", metal, 2-door 575 200 50 11 Page189 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE- DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 116 3 Workbenches, 78" x 33", welded steel,2 upper storage 2,400 850 300 shelves, 8" deep, 1 under tier, 6" wide U-shaped work extension,welded steel 117 1 Dual bench grinder, manufacturer not available, Model no.: 200 70 20 1-546, 6" 118 1 Hose machine, Curtis Toledo, 10" blade,manual As is 550 200 119 1 Hose reel, PP, 18", plastic enclosure 240 155 25 120 1 Vise, Wilton, 4" wide, with metal platform,wall-bolted 500 200 50 121 1 Stepladder, Werner, Thigh, metal 170 60 15 122 1 Garbage receptacle, Rubbermaid,40 gallon 45 10 5 123 1 Portable hoist, Dutton-Lanson Co., Model no.: B 1200B, 600 180 60 1,200 lb. capacity 124 1 Work stand,20" x 14" welded steel, 4.5" wide Wilton vise 625 190 60 Warehouse 125 84 Storage racks, 3'x 75" -78" high x 12", metal, 10 metal tiers 33,600 10,075 3,300 on average 126 18 Storage racks,3'x 80" x 18", metal, 7-tier on average 6,125 1,850 600 127 1 Storage rack, 18" x 80" x 8", metal, 10 metal tiers 320 90 30 128 1 Fire extinguisher, 10 lb. 110 30 10 129 4 Dry erase boards, 3' x 2' 240 75 20 130 2 Storage racks, 4'x Y x 18",tubular metal, 3 metal wire tiers, 300 90 30 laminate top 131 1 Storage rack, 4'x 6'x 18",tubular metal, 6 metal wire tiers 240 75 25 12 Page190 BERNELL HYDRAULICS,INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE- DECEMBER 10,2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 132 1 Order/paper spinner rack, 14" x 48" x 14",metal 150 50 15 133 3 Bookcases, Y x Tx 12",metal, 3-to 4-tier 190 60 20 134 1 Bookcase,Y x 56" x 12", metal,4 metal tiers 80 25 10 135 l Wall clock, 18" diameter, plastic 45 15 5 136 2 Equipment carts, 29" x 16", metal, 2-tier 400 120 40 137 3 Stools, metal base, padded vinyl seats and backs 600 180 60 138 2 Shop desks, 60" x 30", metal 540 160 50 139 5 Desk filers, 16" wide, 3 metal drawers 775 500 75 140 9 All-in-one machines, HP, Model no.: LaserJet 1536dnf MFP 2,700 810 360 141 4 Computers, HP, model no. not available, including 3,600 1,075 450 keyboards, mice, monitor and speakers 142 1 Equipment cart, 30" x l 8",tubular metal, 3 metal wire tiers 250 75 25 143 1 Shop desk, 66" x 30", metal, 1 drawer, I under tier,2 upper 325 95 30 shelves 144 1 Tape dispenser, Marsh, Model no.: TD2100 360 125 35 145 1 Laser label printer, Zebra, Model no.: ZT230 910 365 90 146 1 Platform scale, Model, Model no.: 4040,400 lb. capacity, 160 45 15 digital display 147 1 Postage scale, Ohaus, model no. not available 150 50 15 148 1 Label printer,Zebra, Model no.: ZP450 285 100 25 149 1 'Task stool, plastic, fabric seat and back, chrome foot ring 225 70 20 150 2 Air filters, Blue Air, Model no.: 203 720 250 70 13 Page191 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE-DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 151 1 Storage rack,4'x 6'x 18",tubular metal, 6 metal wire tiers 380 115 35 152 1 Trash receptacle,40 gallon, plastic 45 10 5 153 2 Fire extinguishers,Amerex, 10 lb. 220 75 20 154 1 UPS/battery back-up, Tripp-Lice, model no. not available 175 60 15 155 3 Corkboards, 3'x 2', plastic frames 120 45 15 156 1 Equipment cart,42" x 24", metal,2-tier 225 80 20 157 1 Time clock,Amano, Model no.: TCX-85 275 95 25 158 1 Time clock,uAttend, model no. not available,thumbprint 200 70 20 type 159 2 Small parts cabinets, 20" x 10" x 6",plastic, 26-drawer 40 10 5 160 1 Storage cabinet, 36" x 78" x 18", metal,2-drawer 220 80 20 161 1 UPS/battery back-up, Tripp-Lite, model no. not available 175 60 15 162 20 Linear feet of shop desk, 30" deep,metal top and legs 1,080 380 110 163 2 Chair mats, plastic 140 45 15 164 1 Paper/spinner rack, 3'x 24" x 24", metal, 4-sides 120 35 15 165 1 File cabinet, Hon, metal, 4-drawer 230 80 25 166 4 Storage rack,4'x 75" x 18",tubular metal, 5 metal wire 1,000 300 100 tiers, casters 167 1 Water cooler, hot/cold 180 65 20 168 1 Coffee maker, Bunn, VPR Series, single burner, 1 top 350 100 35 warmer 14 Page192 BERNELL HYDRAULICS,INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE-DECEMBER 10,2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 169 1 Coat rack, C high, metal 140 35 15 170 2 Folding tables, 6' x 30", plastic top, metal legs 200 60 20 171 8 Folding chairs, plastic 120 40 15 172 1 Side-by-side refrigerator, Frigidaire, 37" x 69" x 31", with 1,200 350 120 ice and water dispenser 173 1 Conference table, 8'x 4', laminate top,metal base 600 180 60 174 7 Task armchairs, metal,vinyl seats, mesh backs 1,900 575 180 175 4 Task armchairs, metal,vinyl seats and backs 800 240 80 176 1 Television, LG, 47",with wall mount 400 120 40 177 1 Credenza, 60" wide, laminate, 2 sliding doors 600 180 60 178 1 Guest chair, wood base,fabric seat and back 180 55 20 179 1 Storage/stand table,20" x 36" x 15",wood, 3-basket 120 35 10 180 1 Table,44" diameter,wood 275 70 25 181 1 All-in-one machine, Epson, Model no.: WF-7620 230 85 40 182 1 Bookcase, 6' x 42" x 13",wood,3-tier 240 75 25 183 1 Printer, HP, Model no.: DesignJet 7520 200 40 15 184 1 Lateral file cabinet, 36" wide, laminate,2-drawer 400 120 40 185 1 Computer/printer stand, 25" x 25" x 16", laminate 160 40 15 186 5 Task armchairs, plastic,fabric seats, mesh backs 1,125 400 115 187 1 Printer, HP, Model no.: LaserJet P2015dn 500 25 10 188 1 All-in-one machine, HP, Model no.: OfficeJet 7610 250 70 30 15 Page 193 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE-DECEMBER 10,2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 189 2 Desk filers, 16" wide, metal, 1-2-drawer, 1-3-drawer 280 100 30 190 2 Corkboards,3' x 2' 80 25 10 191 1 Desk,9 linear feet x 24", laminate top, metal legs 550 190 50 192 1 Table, 3'x 24", metal legs, laminate top 150 50 15 193 2 Bookcases, 4'x 6'x 13", wood, 10 cubbyhole sections 450 160 45 194 17 File cabinets, letter size, metal,4-drawer 3,400 1,200 340 195 1 Desk, 5'x 30", double pedestal, laminate top 525 160 50 196 1 Shredder, Fellowes, Model no.: 99Ci 220 75 20 197 1 Water cooler, hot/cold 180 55 20 198 4 Corkboards, 3'x 2% metal frame 200 60 20 199 1 Fire extinguisher,Amerex, 10 lb. 110 30 10 200 3 File cabinets, letter size, metal, 2-drawer 480 150 45 201 4 Desks, 66" x 30", 3-with 42" x 24" return, double pedestal, 3,800 1,325 375 laminate top, metal base 202 1 Computer, Dell, Model: XPS,with monitor,keyboard and As is 110 55 mouse 203 1 Computer, Dell, Model no.: OptiPlex 390 with keyboard, 850 175 75 mouse and monitor 204 4 Chair mats, plastic 260 65 25 205 1 File cart, 30" x 18",tubular metal, 2 metal wire tiers 170 50 15 206 1 Surveillance television/monitor, Vizio, 32" 175 60 15 16 Page194 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE- DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 207 1 Surveillance television/monitor,Vizio,47" 475 165 45 208 1 Printer, Epson, Model no.: ET-3750 350 120 35 209 1 Printer,HP, Model no.: Color LaserJet CP1515n 300 75 35 210 1 Bookcase, 30"x 32" x 12", laminate,2-tier 60 15 5 211 1 Safe, Home Safe by Liberty, 24" x 30" x 20", code pad entry 750 300 100 212 1 Desk filer, 30" x 16", metal, 1 under tier 120 40 10 213 1 File rack,32" x 30" x 18", metal, 2 over/under tiers 200 70 20 214 1 Shredder, Fellowes, model no. not available 300 75 30 - 215 1 Conference table, 90"x 50",wood top and legs 800 250 80 216 6 Chairs, wood legs, leather seats and backs 1,635 490 160 217 1 Dry erase board,4'x 34", plastic frame 50 15 5 218 2 Wall units, 33" x 78" x 12", wood,2 lower doors, 3 upper 800 280 80 tiers 219 1 Lateral file cabinet,34" wide, wood, 2-drawer 360 110 35 220 1 File cabinet,24"wide, wood, 2-drawer 175 50 15 221 1 Sofa, 78" wide, metal Iegs,vinyl seat and back 900 315 90 222 1 Desk, 66" x 28",with 48" x 26" return, wood, double 1,200 420 120 pedestal, upper hutch, 46" high 223 2 Bookcases, 48" x 84" x 13",wood, 6 cubbyhole sections 700 250 70 224 1 Desk, 6'x 40",wood,double pedestal 750 225 75 17 Page195 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFEC`I,IVE DATE OF VALUE- DECEMBER 10, 2018. Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 225 l Computer, manufacturer and model no. not available,with 1,050 250 100 keyboard, mouse and monitor, Samsung, Model no.: S27F352FH 226 1 Wall cabinet, 32" x 74" x 13", wood, single glass door, 450 135 45 1-door, 3-drawer 227 1 1T cart/rack,4'x 40" x 17",tubular metal, 3 metal wire tiers 200 60 20 228 1 Communications server, Cisco, Model no.: UC540,with 1,400 420 140 FXO 229 1 Firewall, WatchGuard, Model no.: Firebox M200 2,500 875 250 230 1 Switch, HP, Model no.: JE007A/V 1910-24G-POE 925 325 90 231 1 CPU, Dell, Model no.: OptiPlex 7010 875 115 45 - 232 1 Router, Ubee, Model no.: DDW365 50 10 5 233 1 Server, Dell, Model no.: PowerEdge T620, with keyboard, 1,700 525 245 mouse and monitor 234 1 Server, Dell, Model no.: PowerEdge R420 2,150 425 190 235 1 Ethernet switch, Cisco, Model no.: ESW 520, 24-port 860 40 15 236 1 UPS/battery back-up, APC, model no. not available 300 90 30 237 1 Portable cooler, Haier, model no. not available 265 90 25 238 1 Storage rack,4'x 36" x 18",tubular metal, 3 metal wire tiers 220 65 20 239 1 Surveillance monitor, Acer. Model no.: X223 with 450 135 45 multiplexor,with HDMI splitter, 1x4 240 1 Bookcase, 30" x 32" x 12", laminate,2-tier 65 20 5 241 1 Router, Xirrus, Model no.: XR600-1,vendor owned, not ---- ---- ---- appraised 18 Page196 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE- DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value Mezzanine 242 5 Storage racks,4' x 3'x 18",tubular metal, 3 metal wire tiers, 650 200 65 1-with casters 243 3 Storage racks, 58" x 6'x 18",tubular metal,4-to 5-metal 550 165 55 wire tiers 244 2 Boltless metal storage racks, 4'x 6' x 24",tubular metal, 480 120 45 4 plywood decks 245 1 Fire extinguisher, Amerex, 10 lb. 110 35 10 246 1 Bookcase,4'x 73" x 13",wood, 10 cubbyhole sections 240 75 20 247 l Storage cabinet, Y x 66" x 19", metal,2-door 220 65 20 248 4 File storage racks, 70" x 84" x 30", boltless metal, 4 1,325 400 130 plywood decks 249 1 Shelf, 4'x 6'x 24", metal, 5 metal tiers 260 75 25 250 8 File cabinets, letter size, metal,4-drawer 1,600 480 160 251 2 File cabinets, letter size, metal, 2-drawer 300 90 30 252 1 Shop desk, 5'x 30", metal base and top 260 75 25 253 1 Rack, 42" x 50" x 16", metal, 5 metal tiers 280 85 25 254 1 Stepladder, metal, 2-step 70 20 10 255 1 Desk, 4' x 20", laminate, casters 250 75 25 256 1 Overhead electric heater, Dayton, model no. not available, 1,200 480 120 24"x 18", electric 257 1 Electric hoist, Dayton,2,000 lb. capacity 2,300 925 450 19 Page197 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE-DECEMBER 10, 2018 Fair Market Forced. Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 258 1 Storage rack,4'x 78" x 18",tubular metal, 6 metal wire tiers 280 85 30 259 1 Storage rack,30" x 6' x 27",tubular metal, 6 metal wire tiers 240 75 25 260 1 Portable cooler, Bonaire, 20" x 30" x 10" 650 200 60 261 1 File cabinet, letter size, metal,2-drawer 140 45 15 262 1 Hand truck,metal, pneumatic tires 180 55 20 263 1 Toolbox, Knaack, Model no.: 4824-Jobmaster Chest, 525 180 50 48" x 35" x 24" 264 1 Wall cabinet, 4'x 16" x 13", metal 200 60 20 265 1 Wall clock, 18" diameter, plastic 35 10 5 266 1 Hydraulic fuel filter, Parker, Model no.: 2,300 800 250 1 OMFP240SA I OQBVP 14, metal cart, dual pumps 267 2 Storage racks, 6'x Tx 24", metal, 7-tier 640 190 65 268 1 Shop desk, Tx 36", fabricated steel,with 5" Wilton vise 900 270 90 269 1 Vertical dual vise station, Greenerd Arbor Press,Y x 5'x 2', As is 1,500 650 steel, 1-Model no.: 3, 1-Model no.: 3 1/2 270 1 Lapping machine, Crane Packing Co., Model no.: As is 14,500 600 Lapmaster 24 271 1 Shop desk, 8' x 56", fabricated steel, I under tier, 1 vise, 1,300 450 130 Wilton, 6" 272 1 Aqueous parts washer, System One, 39" x 42" x 29" 3,500 875 350 273 1 Work stand, 26" x 38" x 22",welded steel,24" x 20"x 3", 200 60 20 steel top plate 274 2 Oily waste cans, Justrite, 10 gallon 90 30 10 20 Page198 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE- DECEMBER 10,2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 275 2 Oil drain pans, Flo Tool, 18" x 6" x 20", plastic 250 75 25 276 2 Fire extinguishers,Amerex, 10 lb. 230 80 220 277 1 Portable cooler, Dyna Cool, model no. not available 2,200 700 200 278 1 Strapping cart, Signode,25" diameter 550 220 55 279 1 Hand truck, metal 120 25 10 280 1 Drill press, manufacturer and model no. not available, 1,100 400 100 8" gap 281 4 Equipment carts, 30" x 18", metal,2-tier 800 280 80 282 2 Equipment carts, 3'x 2', metal 450 160 45 283 7 Small parts open bin cabinets, 35" x 44" x 12", 72-section 1,275 450 125 284 4 Small parts open bin cabinets, 3 5" x 21" x 12",40-section 510 180 50 285 1 Portable work table, 4' x T, tubular metal frame, casters 225 70 20 286 1 Portable work table, 4' x 24",welded steel, casters 400 140 40 287 1 Platform ladder, Werner, 4'x 17", aluminum 85 25 10 288 1 Vise station/pedestal, Wilton, 6", steel base, floor bolted 725 215 70 289 1 Stool,metal,wood base and back 60 15 5 290 1 Workshop desk, 6' x 36", metal, 1 under tier with locking 1,300 450 130 door, with 4.5" Snap-On vise 291 1 Shop table, 78" x 46", welded steel,with 4.5" vise 1,100 385 100 292 1 Shop table, Tx 4', welded steel,4.5" vise 800 280 80 293 1 File cabinet, letter size, metal, 2-drawer 140 45 15 21 Page199 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE- DECEMBER 10,2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 294 2 Mechanic's stools, Snap-On, metal,vinyl padded seats 320 110 30 295 1 Work stand support,9" long"V", metal platform base 120 35 10 296 1 Small parts cabinet, 30" x 46"x 15", metal, 50 plastic 150 45 15 drawer/bins 297 1 Hydraulic pump, Enerpac,Model no.: PUD1200B 3,125 1,250 300 298 1 Portable air pressure tester, 4'x 30" x 20", metal frame, As is 400 150 Haskel pressure gauge, 5,000 PSI 299 1 Cage bin, 32" x 28" x 40", metal wire 200 60 20 300 1 Storage rack, 48"x 6'x 18",tubular metal, 6 metal wire tiers 300 90 30 301 1 Variable speed drive, Magne-TEK, GPD503,230 1,500 600 200 302 6 Gas/chemical tanks,vendor owned, not appraised ---- ---- ---- 303 1 Lot of miscellaneous hand tools, including, but not limited 15,000 6,000 2,000 to wrenches, screwdrivers, pliers,mallets, hammers, socket sets and miscellaneous power tools 304 1 Lot of employee owned tool cabinets and hand tools, not ---- ---- ---- appraised 305 1 Service truck, Ford, model: F350, 2005, license no. 37,250 18,625 6,520 7W92664,with: I Utility truck bed with 2-sets of 4-tool boxes I Steel carrying rack on bed 1 Heavy duty burnper with trailer hitch,vise 2 Pipe carrying tubes attached 306 1 Service truck, Ford, model: F350 Super Duty, 2001, license 33,620 15,130 5,295 no. 6535120,with: I Utility truck bed with 2-sets of 3-tool boxes 1 Steel carrying rack on bed 1 Heavy duty bumper with trailer-hitch, vise 1 Pipe carrying tube attached ` 22 Page 200 BERNELL HYDRAULICS,INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE- DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 307 1 Service truck, Ford, model: F450 Super Duty, 2004, license 51,010 25,505 8,925 no. 7G38545,with: I Flat stake bed, 8' x 8' 1 Lot of stake bed side boards,wood 1 Heavy duty rear-bumper with vise 1 Trailer hitch 4 Built in tool boxes 2 Hydraulic outrigger stabilizer arms I Boom crane, swiveling, Speed Loader 4 Work lights 308 1 Service truck, Ford, model: F550 Super Duty crew cab, 49,120 19,645 6,875 2001, license no. 6F39586,with: 1 Dual rear tires 1 Heavy duty rear bumper/tool box with 2-vises 1 Trailer hitch 1 Utility truck bed with 2-sets of 3-tool boxes, Snap-On I Boom crane, swiveling,Venturo 309 1 Run truck, Ford, model: F150 extended cab, 2013, license 36,670 29,335 10,265 no. 51531 K 1, with: I Trailer hitch 1 Plastic bed liner 310 1 Run truck, Ford, model: F150 XL extended cab,2018, 40,730 36,660 12,830 license no. 36901 L2,with: 1 Steel ladder rack 2 Grab rails on top of bed sides,stainless steel 1 Plastic bed liner I Steel backstop between bed and cab I Trailer hitch 311 1 Trailer, 22' flatbed, dual axle, Kwik Load Inc.,model: 22FT As Is 6,600 2,310 W/B, 2004, license no. 31190A, with 1,200 lb. electric winch, spare tire 23 Page 201 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE- DECEMBER 10,2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 312 l Welding trailer, 8', dual axle, license no. 4AF7919,with: As Is 7,320 2,560 1 Gas powered welder,Thermal Arc, powered by Honda motor,25 HP 1 Vise attached 1 Tool box attached,with welder's and hand tools 313 1 Forklift,Clark, propane, hard tire, 5,000 lb. capacity, As Is 1,500 525 disassembled 314 1 Forklift, Hyster, propane, hard tire, 6,000 lb. capacity, with As Is 6,000 2,100 2 stage mast 315 1 Forklift, Clark, propane, hard tire, 10,000 lb. capacity As Is 7,500 2,625 316 1 Forklift,Hyster, model: H300XL, diesel,pneumatic tire, 15 As Is 20,000 7,000 ton capacity Portable Equipment 317 1 Hydraulic pressure testing/flushing unit, 120 gpm capacity, 75,000 37,500 13,125 with: 1.50 gallon reservoir, 50 HP electric motor and pump, cooler, skid mounted, mfg. by Bernell Hydraulics 318 1 Hydraulic power pack unit, with: reservoir, 10 HP Honda 7,000 3,500 1,225 gas motor and pump, skid mounted, mfg. by Bernell Hydraulics 319 1 Vacuum dehydrator packaged unit, Enervac, 125 psi, skid 80,000 40,000 14,000 mounted, mfg. by Bernell Hydraulics 320 1 Portable welder, Miller, model: Big Blue,diesel engine 14,290 5,720 2,000 powered, skid mounted 321 1 Hydraulic power pack unit, with: reservoir,20 or 25 electric 60,000 24,000 8,400 motor and pump, 480/220 volt, skid mounted, mfg. by Bernell Hydraulics 322 1 Hydraulic fluid conditioning unit, skid mounted, w/cabinet 25,000 10,000 3,500 24 Page 202 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE-DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 323 1 Hydraulic fluid filtering unit, 23 gpm capacity, with: 20 HP 25,000 10,000 3,500 electric motor,480 volt, and pump, skid mounted, mfg. by Bernell Hydraulics 324 1 Electro/vacuum pump unit,Travaini Pumps USA, 30 HP, 17,500 7,000 2,450 skid mounted 325 1 Portable engine hoist, long reach, Bernell Hydraulics, 7,000 2,800 980 model: 1 Equipment at Hose Shed 326 1 Drill press, Jet, 3/4 HP, not in use 990 345 120 327 1 Lot of minor equipment, consisting of: 1,760 615 215 2 55 gallon plastic drums 2 Rubber floor mats,4'x 8' 1 Fire extinguisher, 20 lb. 1 Large dust pan, with long handle I Rubber hose,25',with valve and wand l Water hose, rubber, 50' 1 Plastic tote, 16" x 26" x 14" 6 Conduit pipe benders,various diameters 1 Steel bar•bell weight, 40 lbs. 1 Extension cord, 50' 1 Car seat, not installed 1 Extension ladder,aluminum and Fiberglass,20' 1 Water hose,rubber, 100' 328 1 Hose rack,steel, heavy duty, rolling 680 235 80 329 1 Cart, steel, heavy duty, Y x 2' x 34", 3 tiered 360 125 45 330 1 Wood storage rack, Y x 16" x 6' 6", 9 tiered 180 60 20 331 1 Large tool box, Snap-on, 20" x 41" x 45", rolling, with: 2,500 875 305 1 Lot of hand tools 332 1 Lot of warehouse storage racks, consisting of: 1,980 695 245 2 Uprights, 41" x 7' 25 Page 203 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE-DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 3 Uprights,42" x 9', heavy duty 6 Beams, 8' long x 2 3/4" deep 8 Beams, 7' long x 5 1/2" deep 3 Wood shelves, 8'x 38" 4 Wood shelves, Tx 38" 333 1 Work bench, wood framed with steel top, Tx 24' 8" x 34", 7,220 2,525 885 with: I Front tray, steel channel,2" x 5" x 24' 8" long I Undershelf, wood,24' 8" long 334 1 Steel cutting chop saw, Milwaukee, 14" diameter 390 135 45 335 1 Hose crimping/swaging machines, Parker Hannifin, model: 15,000 5,250 1,835 Karry Krimp 2, w/fittings 336 1 Hose crimping/swaging machines, Parker Hannifin,model: 15,000 5,250 1,835 Super Krimp,w/fittings 337 1 Steel cut-off saw, Dewalt, 14" diameter,model: D28715 230 70 25 338 1 Lot of steel hooks,wall mounted,consisting of: 2,380 830 290 1 Hose rack,steel, 9' 6" long x 8 arms x 12" wide 4 Sets of hose hooks, steel, 4' long x 3 position, shop made I Set of wall hooks, steel, 10" long x 2 peg I Set of wall hooks, steel, 18" long x 5 peg I Set of ladder arms, steel, 22" long x 2 each 1 Set of stock arms, steel, 16" long x 8 each 12 Hose hooks, steel,20" long, shop made, wail mtd. 1 Steel rack for conduit benders, 3 peg 339 3 Storage racks, steel,Tx 12" x T, 8 shelf 1,040 365 130 Machine/Welding Shop 340 1 Van body storage box, 8'x 21'x 9' 6", attached to welding As Is 1,800 630 shop, no wheels, with light fixtures, conduit and wiring 26 Page 204 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE- DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 341 1 Motorcycle storage shelter, PVC pipe with vinyl cover, ---- ---- ---- 4'9" x 10'x 6'(owned by shop foreman),not appraised 342 2 Disassembled motorcycles, (owned by shop foreman), not ---- ---- ---- appraised 343 1 Lot of minor equipment, consisting of: 18,680 6,535 2,285 1 File cabinet, 5 drawer, Steel Age I Lot of drill bits and tooling, stored in above 2 Fire extinguishers, 10 lb. 2 Rubber safety cones, 30" high 1 Storage shelf, steel, Tx 4' 1 Tank dolly, 2 position, steel, shop made 4 Rubber floor mats, 2'x 3' 1 Anvil 1 Rotary indexing table, 12" diameter I Vise, 4 1/2"jaws I Pneumatic disc sander, Dewalt 2 Vee blocks, steel 1 Various squares, rulers 1 Punch set l Adjustable jaw pliers, large 2 Air hose wands 1 Toolbox with hand tools I Folding table,4'x 16" 2 Face guards 1 Lot of layout blocks 2 Stools,tractor seat type 2 Fire extinguishers, 20 lb.,wet type l Heavy duty extension cord, 50' 1 Nuts and bolts rack, steel, 36" x 12"x 21" 1 Heavy duty extension cord, 3 prong 1 Stereo, Panasonic, with 3-speakers I Car seat, not installed 2 Plastic totes 1 Cabinet, steel, 17" x 24" x 26" 1 Cart I Hose reel l Propane space heater, portable l Basket of machine parts 27 Page 205 BERNELL,HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE- DECEMBER 10,2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value I Lot of paint in buckets 6 Lifting slings I Small cooler 1 Small tool box with various hand tools I Pipe threading stand with pipe vise 1 Large dust pan,with long handle I Hand truck for welding gas tanks 2 Hard hats I Squeegee 2 Welder's chairs, customized 4 Large pipe wrenches I Steel rack for above 1 Toshiba stereo 1 Large hammer I Steel anvil, 3' long I Vise, 6"jaws I Cart, steel,24" x 36"x 40" 1 Garbage can, 50 gallon 2 Drill bit cabinets, with drill bits I Indexing head, rotary 1 Lot of squares I Parts cabinet, steel, multi-compartment,36" x 12" x 64" 1 Flash screen, plywood, on frame, steel,Tx 4' 1 Lot of come-alongs and chain I Push broom 2 Brooms I Fire extinguisher, 5 lb. I Sledge hammer 2 Carbide saw blades, 14" diameter 1 Lot of miscellaneous jigs 4 Levels, T to 6' long 1 Pneumatic air wand 1 Multi-use ladder I Ladder,fiberglass, 6', Husky 1 Box of collets, button and dies,21" x 16" I Mechanics crawler 1 Tool stand, steel, 18" x 18" x 44",with collets and taps 28 Page 206 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE- DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 344 1 Lot of minor power tools, consisting of: 6,410 2,245 785 2 Electric drills, Dewalt, 3/8" 1 Chop saw, Dewalt, model: DW872, 14" diameter 1 Angle grinder, Dewalt I Angle grinder, Makita, model: GA7911 1 Metal cutting saw, SIugger, 7 1/4" diameter 1 Drill, 3/8", Makita 1 Shopvac, Ridgid, 6.5 HP, 16 gallon 2 Pneumatic drills 1 Vacuum, Utilitech Pro, small wand type 1 Miller welder and spare cables I Magnetic drill press, Porter Cable, model: 77753 1 Magnetic drill press, Milwaukee,model: 4292-1 1 Delta chop saw, 12" diameter 1 Tile saw with stand 345 2 Steel storage racks, 34" x 7'9" x 6', heavy duty, shop made, 700 245 85 4 tiered,wood and steel shelves 346 6 Welding gas tanks(rented, not valued),vendor owned, not ---- ---- ---- appraised 347 1 Layout drill machine, Cleereman, model: ED423, with: As Is 10,740 3,760 1 CNC controls, Sony, model: LH31 A-2 1 Automatic XY table feed I Work holder table, 22" x 44" 1 Milling vise,with 9"jaws 1 Pneumatic chuck milling vise 2 Work lights 1 Lot of tooling and drills 1 Tool storage rack, steel, 41" x 10" x 91" 20 Linear feet of conduit and wiring to panel 348 1 Vertical milling machine, Cincinnati, model: 220-16, with: As is 5,930 2,075 1 Manual XY table feed 1 Indexing head table I Slant vise,with 5"jaws I Milling vise,with 6"jaws I Lot of related tooling 29 Page 207 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE- DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value l Simplex outlet 15 Linear feet of conduit and wiring to panel 349 1 Drill press,Chicago, model: P-17, 12 speed, heavy duty, on 1,650 580 205 stand,with: 1 5/8" capacity chuck I Work vise, with 5"jaws I Duplex outlet 15 Linear feet of conduit and wiring to panel 350 1 Threading lathe, Le Blonde, 20" swing x 8' 6" bed, with: 21,050 7,365 2,580 1 Three jaw chuck 1 Four jaw chuck I Tailstock 1 Lathe tooling and toolbox l Drill chuck and drill bits 6 Work stands and storage rack, steel I Work light 1 Chip guard I Simplex outlet 15 Linear feet of conduit and wiring to panel 351 1 Tool rack, steel, 3 tiered, 10" x 18" x 38", with: tools,jigs, 1,800 630 220 fixtures, blocks 352 1 Vertical milling machine, Bridgeport, s/n: J32409,with: 11,310 3,395 1,190 1 Manual XYZ table feed 1 Milling vise, with 6"jaws 1 Work light 1 Chip guard 1 Lot of related tooling and collets l Simplex outlet 25 Linear feet of conduit and wiring to panel 353 1 Pedestal grinder, dual arbor, Dayton,model: 4Z909C, heavy 2,300 690 240 duty, with 8" diameter grinding wheels, with: I Duplex outlet 30 Linear feet of conduit and wiring to panel 30 Page 208 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE- DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 354 1 Heavy duty drill press,AB Arboga Maskiner,type: 12,050 4,220 1,475 RM3580, no. 183290, with 18"throat,with: I Milling vise,with 6"jaws l Large drill chuck and drill bits 16 Linear feet of shelf, with collets 1 Simplex outlet 40 Linear feet of conduit and wiring to panel 355 1 Heavy duty belt grinder, with 5 1/4" x 22" belt, with: 3,860 1,350 470 1 Simplex outlet 40 Linear feet of conduit and wiring to panel 356 1 Heavy duty belt grinder, EHG,with 3" x 36" belt, with: 730 255 90 1 Simplex outlet 40 Linear feet of conduit and wiring to panel 357 1 Tube bending machine, hydraulic,with: 7,250 2,540 890 4 Tube bending arm and die sets, 1/2" to 3/4" diameter 358 1 Wire feed welder, Lincoln, model: Wirematic 255, with: 4,310 1,510 530 1 Cart, steel,with table top I Cables 1 Tank, regulator, hose 1 Simplex outlet 45 Linear feet of conduit and wiring to panel 359 1 Plasma cutter, Hypertherm, model: Powermax 45, with 2,820 990 345 stand and cables,with: 1 Fourpiex outlet 45 Linear feet of conduit and wiring to panel 360 1 Welding work table, stainless steel,24" x 38" x 36", rolling, 900 315 110 with: undershelf, back wall, 38" x 31", and top shelf 361 1 Welding work table, 2" thick steel,48" x 98"x 34",with: 3,150 1,100 385 1 Pipe clamp vise, Ridgid, model: C-810 1 Pipe clamp vise, small I Bench top grinder,dual arbor, 6" diameter, 1/2 HP 362 1 Rotary table, with small hydraulic packaged power unit 1,800 630 220 31 Page 209 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE-DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 363 1 Fume extractor, Miller, model: MWX-S, 1 HP, wall 9,750 3,410 1,195 mounted bracket, HD, with articulated arm and pick-up hose 364 1 MIG welder, Miller, model: Millermatic 135, 115 volt, with: 1,870 655 230 1 Cart I Cables I Welding hood 1 Simplex outlet 45 Linear feet of conduit and wiring to panel I Rack for welding rods, 8 bin 365 1 TIG Welder, Miller, with: 4,630 1,620 565 1 Cooler unit, Miller,model: Coolmate 1.3 1 Cart I Cables 1 Tank, regulator, hose I Arm, 8' 1 Box full of tips and orifices 1 Simplex outlet 45 Linear feet of conduit and wiring to panel 366 1 Tool cart,Blue Point, 30" x 19" x 41", full of pneumatic 3,500 1,225 430 hand tools, wrenches, screw drivers, hammers,etc. 367 1 Chain hoist, electric, Dayton, 500 lb. capacity, chained to 1,240 435 150 roof beam 368 1 Steel table, heavy duty,48" x 30" x 34",with drawer and 850 300 105 under shelf 369 I Pipe threading stand,wlpower chuck,V inceone Tool Co. 1,650 580 205 370 1 Tool box, Husky, 27" x 18" x 46", full of hand tools, (owned ---- ---- ---- by shop foremen), not appraised 371 1 Tool box, steel, heavy duty, 50" x 24" x 77", 6 door, full of ---- ---- ---- spare parts, hand tools, (owned by shop foremen), not appraised 32 Page 210 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE-DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty, Description Cost New Place Value 372 1 Swamp cooler, Dayton, portable, 27"x 27" x 38" 860 300 105 373 1 Bending brake, Chicago, model: 5-616, 6'capacity 6,600 2,310 810 374 1 Pipe threading and cutting machine, Ridgid, model: 535, on 6,990 2,445 855 cart,with foot pedal control 375 2 Adjustable height work stands, with: 12" roller x 20" to 33" 250 90 30 high 376 1 Welding work table, 1"thick steel,48" x 120" x 32", heavy 2,750 960 335 duty 377 4 Adjustable height work stands, heavy duty, screw type, 24" 700 245 85 to 36" high 378 1 Plasma cutter, Hypertherm, model: Powermax 1250, G3 3,750 1,315 460 series, with stand and cables 379 1 MIG welder, Miller, model: Millerniatic 252,with: 4,180 1,465 515 1 Cart, heavy duty 1 Cables I Welding hood I Simplex outlet 45 Linear feet of conduit and wiring to panel 380 1 Cart, steel, 24" x 48" x 36", with under shelf, with: 1,320 460 160 1 Lot of abrasive cutting wheels and wire wheels 381 1 Welding work table, 1" thick steel, 48" x 96" x 24", heavy 2,570 900 315 duty,with: 1 Vise, 6"jaws, heavy duty 382 l Hand truck/dolly, folding, Milwaukee 300 105 35 383 1 H-frame hydraulic press, heavy duty, est. 200 ton,with: 63,700 22,295 7,805 1 Hydraulic power package, Rockwell Automation, est. 20 HP I Pressure gage, wall mounted 2 Steel set up blocks, heavy duty 33 Page 211 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE-DECEMBER 10,2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 1 Jib crane attached,w/8" deep 1-beam x 4' long I Traveler and chain hoist I Junction box 45 Linear feet of conduit and wiring, l",to panel 2 Floor bolts 384 1 Ironworker, Mubea, model: HPSN350,with foot pedal, As Is 5,500 1,925 Muhr and Bender 385 1 Large floor fan, Utilitech Pro, 32" diameter 260 90 30 386 1 Cut-off band saw, Rong Fu Industries, model: 1018SRV, 4,260 1,490 530 stand mounted 387 3 Adjustable height work stands,with: 15" roller x 16" to 30" 450 160 55 Nab 388 1 Cutting torch, oxy-acetylene, with: cart, 2-tanks, hoses, 1,190 420 145 pressure regulators, torch 389 1 Small stock rack, steel, 3' x 4'x 14" 280 95 35 390 1 Hydraulic tubing bender, Baileigh, RMB, model: RDB-175 8,130 2,845 995 391 1 Cut-off saw, Pedrazzoli, Super Brown,model: 300 DV, on 4,180 1,465 515 heavy duty rolling stand, with vise 392 1 Heavy duty jack, Simplex, 20 ton capacity x 18" 1,770 620 215 393 1 Lifting beam, steel, 2" x 6" x 4' long 740 260 90 394 1 Lot of heavy duty welder's clamps, consisting of: 1,930 675 235 6 10" adjustable C-clamp 4 16" adjustable Gelamp 2 24" adjustable C-clamp 14 Lockjaw plier type 395 1 Storage shelf unit, steel, 68" x 24" x 82", 6 shelf, with 500 175 60 plywood doors 34 Page 212 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE- DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 396 1 Storage shelf unit, steel, 48" x 24" x 72", 5 shelf 390 135 45 397 1 Storage shelf unit, steel, 72" x 24" x 80", 6 shelf,with: 2,310 810 285 1 Lot of miscellaneous hand and power tools I Lot of spare parts 398 1 Furniture,tools and contents of"The Boss" office/tool crib, ---- ---- ---- (owned by the shop foreman),not appraised Storage Trailer 399 1 Lot of minor equipment in storage trailer, consisting of: 4,570 1,600 560 7 Shovels I Rake 4 Large pry bars 1 Portable air tank, 7 gallon I Chain come-along,heavy duty I Set of welder's cables 1 Post hole digger 1 Long chain 2 Air hoses, heavy duty 4 Sets of welder's gas hoses 1 Square I Face shield I Adze I Cable hoist 3 Extension poles, 6' 1 Floor fan, 16" I Magnetic floor sweeper, 38", Central Machinery 3 Welder's hoods 1 Set of welder's leathers 1 Refrigerated water cooler, Primo 2 Plastic saw horses 1 Work light I Bucket head vacuum 7 Heavy duty extension cords I Lot of spare sanding belts,various sizes 1 Safety harness 400 25 Linear feet of steel pegs,wall mounted in storage trailer 630 220 75 35 Page 213 BERNEL,L HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE- DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 401 1 Portable pipe threading machine, Ridgid,with tooling 4,480 1,570 550 402 1 Storage rack, steel, 16" x 24" x 60", 6 tiered, w/wood 220 75 25 403 1 Portable expanding canopy, 10'x 10'x 7' 280 100 35 404 1 Air compressor, Dewalt, contractor type 330 115 40 405 12 Boxes of various power tools, with drills, bits and blades 6,000 2,100 735 406 1 Cut-off saw, 12" diameter, on stand 350 120 40 407 1 Steel locker, 24" x 15" x 78", 4 door 330 115 40 408 1 Disc/belt sander combo unit, Baldor, 1/2 HP 1,700 595 210 409 1 Work bench, 42" x 24" x 36", with: 3 rows of drawers, 470 165 60 under shelf Outside in Yard 410 1 Lot of minor equipment in yard, consisting of: 7,100 2,130 745 4 Plastic safety cones, 48" 5 Plastic safety cones,28" high 2 Plastic safety cone, 18" to 20" 1 Plastic drum, 55 gallon, on dolly 1 Steel drum, 30 gallon,on dolly 1 Step ladder, 3 step 2 Jack stands, screw type, model: VJ-99 1 Lifting sling, 2" x 10' 2 Steel saw horses 6 55 gallon drums, plastic 2 Dunnage racks, plastic I Aluminum ladder, 4', Werner I Air tank, 7 gallon 1 Step ladder, fiberglass, 6' 1 Ladder, aluminum, 4' 3 Bollards, not in use 1 Hose, 50' 36 Page 214 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE- DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 5 Spill containment pallets 2 Wire cardboard baskets,42" x 84" x 42" 2 Cigarette butt disposal safety cans 2 Hand truck/dolly combo units 1 Hand truck I Pallet jack 1 Steel work frame, 23" x 48" x 40" 1 Steel work frame, 20" x 16" x 30" 1 Steel cart frame, 17" x 39" x 19" 1 Dumbbell weight, 50 lb. 1 Vise,with 5"jaws, on pedestal,w/small work surface 1 High back stool 411 1 Lot of minor equipment in service vehicles, consisting of: 14,570 4,370 1,530 4 Lots of hand tools in truck tool boxes I Dolly, folding type, heavy duty 4 Hard fiats 4 Safety vests 2 Small plastic tool boxes with hand tools I Tool box, Irwin, with hand tools 412 1 Welding work table, 1" thick steel, 49" x 70" x 28", heavy 1,980 595 210 duty,with: I Vise, 5"jaws 413 1 Bead blasting cabinet, Poly Rock, 36" x 24" x 64",w/hand 1,650 330 115 holes 414 2 Stock storage racks, steel, 72" x 30" x 72", 2 sided,with 10 1,300 390 135 arm sets 415 1 Steel welder's table, 20" x 30" x 36", with rotating top 500 150 55 416 1 Compressed air tank, steel,est. 300 gallon, not in use 1,360 340 120 417 1 I-Beam, 2 ton capacity, 18" deep x 14' 8", with trolly, 1,860 280 100 disassembled, not in use 37 Page 215 BERNELL I-]YDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE- DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 418 13 IBC fluid containers, poly tank in steel cage, 3'x 4'x 4% 4,380 1,315 460 Schutz 419 2 Pallets, steel, welded together,with jib arm, 68" x 60" x 80" 2,000 600 210 420 1 Lot of scrap roofing material, steel As Is 10 10 421 1 H-frame lifting bar, steel, 24" x 36" x 10", with 4-hooks 590 175 60 422 1 Lot of carts, consisting of: 2,440 735 255 1 Steel cart, heavy duty, 48" x 54" x 25" 1 Steel cart, heavy duty, 60" x 36"x 41" 1 Cart, steel, 16" x 36" x 37" 1 Cart, steel, 36" x 24" x 35", with under shelf 1 Cart, steel,24" x 36" x 36" 423 2 Pallets of scrap steel angle, 2" x 2" x 57" 200 60 20 - 424 2 Packaged hydraulic power pack units, disassembled As Is 1,000 350 425 1 Forklift man basket, steel, 4'x 4'x 8', with upper deck 2,120 635 220 426 1 Forklift man basket, steel,4'x 64" x 5' 1,310 395 140 427 1 Electric motor on pallet, est. 30 HP, not in use 2,500 375 130 428 2 Ware house storage racks, consisting of: 470 140 50 1 Uprights, 44" x 8' 1 Uprights,44" x 14' 429 1 Stock rack, disassembled, consisting of: 3-columns, 8' 6" 650 100 35 long x 4 arms, 2' long, not in use 430 1 Scrap steel bin,48" x 44" x 53" 550 140 50 431 1 Scrap steel bin,roll-off, 8'x 16'x 55" 3,600 900 315 432 1 Scrap cart, 37" x 75" x 32", repurposed oil cabinet 400 100 35 38 Page 216 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE-DECEMBER 10,2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 433 1 Heavy duty steel column, I I' long, scrap 940 140 50 434 1 Lot of cast iron fencing panels,4'x 8',not in use 2,500 250 90 435 1 Steel bookcase, 36" x 12" x 48", not in use 300 30 10 436 1 Air compressor, Ingersoll Rand,model: 30T, piston type, 4,600 1,610 565 with air tank, skid mounted, with: I Control box, 2-button I Disconnect switch, 30 amp. 75 Linear feet of conduit and wiring to panel 437 1 Air compressor, Ingersoll Rand, model: 30T, piston type, 2,530 125 45 with air tank, skid mounted, (disconnected, not operational) 438 12 Pallets of scrap material and parts(not usable) As Is 50 20 439 1 Lot of forklift attachments, consisting of: 1,850 555 195 1 Boom lift arm, 4' long 1 Boom lift arm, 8' long 1 Trailer hitch 440 1 Platform ladder, steel, 5 step 470 140 50 441 1 Stock storage rack, steel, 14'x 5'x 8',3 tier 750 225 80 442 1 Cabinet for propane tanks, 30" x 30" x 30", not appraised ---- ---- ---- (leased, not owned), with: 4 Propane tanks for forklift 443 1 Dumping hopper, steel, 57" x 66"x 56" 1,310 390 135 On Slab at Canopy Building 444 1 Lot of minor equipment at canopy building,consisting of: 18,870 5,660 1,980 1 Oil drain pan, plastic, on 10 gallon reservoir tank 1 Large vise,Athol, on pedestal 1 Pedestal grinder, heavy duty,2 HP,dual arbor 2 Steel wheel ramps, 4' long x 1.6" high 1 Site tool box, Better Built, with various hand tools 39 Page 217 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE-DECEMBER 10,2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 2 Chain come-alongs l Air hose, 50' 3 Lifting slings 12 Chain with hook combos,various sizes 6 Steel saw horses, 5' long 1 Floor jack, Snap-On 1 55 gallon drum, plastic, oily waste 1 Drum hand truck, heavy duty 1 Floor jack, I ton 1 Adjustable screw stand,40"to 50" high 3 20 gallon drum, plastic and steel 1 Steel work stand, 3' high 4 Extension cords, 50' 1 Hose clamp rack, 4 sided 1 Arbor press, DKAL 2 Heavy duty vises,with 5"jaws, pedestal mounted 1 Oil containment pallet,steel, 7' x 10',with grate - 1 55 gallon steel drum, on dolly I Plastic containment pallet,40" x 40" 1 Pneumatic oil drum pump 3 Sledge hammers I Large pipe wrench 5 Large pry bars 1 Small battery charger, Lestronic, 36 volt 3 Drum spill containment pallets, 4'x 4' 445 1 Lot of general plant equipment at canopy building, 6,060 1,815 635 consisting of: 2 Fire extinguishers, 7 lb. 1 Ladder,aluminum and Fiberglass, 4' 1 Broom 2 Push brooms 2 Dust pans, long handled 6 Miscellaneous chairs I Microwave oven, Sharp l Radio, Milwaukee 1 Steel table, 43" x 40" x 35", w/wood top l Drum storage rack 3 Hand trucks 40 Page 218 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE-DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 1 30 gallon drum, steel I Gas can, 5 gallon I Step ladder, Husky, 8' 1 Extension ladder, Louisville, fiberglass, 16' 1 Fire extinguisher, 5 lb. I Refrigerator,2 door I Plastic garbage can, 30 gallon 2 Shovels 1 55 gallon drum, steel 3 55 gallon drums, plastic 4 Truck tires, used 1 Cigarette butt disposal safety can 1 File cabinet, 2 drawer, legal 1 Steel table, Y x 6'x 24" 1 Face safety shield 446 1 Lot of warehouse storage racks, consisting of: 16,960 5,090 1,780 18 Uprights,44" x 14' 84 Beams, 10' long x 2 3/4" to 5 1/2" deep 42 Wood shelves, 10'x 42" 447 11 Bays of pallet storage racks of old hydraulic pumps, motors, As Is 2,000 700 reservoir, parts, (no longer useful, scrap only) 448 1 Lot of used equipment, disassembled, (no longer useful, As Is 1,500 525 scrap only), consisting of- 1 Degreaser cabinet, Graymills 1 Large H-frame press 1 Parts washer cabinet 1 Pedestal grinder, Baldor, model: 1414, dual arbor 1 Portable A/C unit, Port-a-cool, stand mounted 44-9 1 Lot of storage cabinets, consisting of: 1,980 595 210 2 Shelf units, steel, 36" x 12" x T,9 tier 1 Parts cabinet, steel, 36" x 24" x T, 5 shelf I Parts cabinet, steel,36" x 20" x 60", 5 shelf 1 Parts rack, steel, 4'x 2'x 5', rolling I Shelf unit, steel, 4'x 2'x 6',4 tier 450 1 Platform ladder, Cotterman, 8 step 1,090 325 115 41 Page 219 BERNELL HYDRAULICS, INC. MOVABLE.EQUIPMENT EFFECTIVE DATE OF VALUE- DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 451 1 Chain hoist, 1 ton, with: 2,230 670 235 2 Chains and come-alongs 452 2 Roller stands, 32" x 36" x 22", custom 2,000 600 210 453 1 Stock rack, steel, 10' 6" x 39" x 78", 5 tier, 3 post 700 210 75 454 1 Stock rack, steel, 72" x 48" x 72",2 sided 750 225 80 455 1 Stock rack, steel, 60" x 24" x 36",2 sided 550 165 60 456 1 Paint can shaker, electric, 1 gallon, stand mounted 810 245 85 457 1 Truck/component jack, Gray, model: Hi-Rise, 2,200 lb. 6,940 2,080 730 458 1 Cylinder rack#1, steel, custom made, consisting of: 17,560 5,270 1,845 1 I-beam, steel, 14" deep x 17 4" long 1 Control valve for power pack for cylinder,test hoses, hydraulic lines 1 Push/pull hydraulic cylinder, on slide carriage, adjustable I Push/pull plate, steel 2 Parts troughs, steel 6 Work platforms, flat 2 Chain style platforms l Chain vise platform 1 Assorted hardware, pins and dowels 1 Stand mounted 1 Oil catch basin, steel 459 1 Cylinder rack#2, steel, custom made, consisting of: 24,850 7,455 2,610 1 I-beam, steel, 21" deep x 27' long l Control valve for power pack for cylinder,test hoses, pressure gage, hydraulic lines I Push/pull hydraulic cylinder, on slide carriage, adjustable I Push/pull plate, steel I Parts trough, steel 1 Chain style platform - 42 Page 220 BERNEL,L HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE-DECEMBER 10,2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 1 Chain vise platform 1 Vertical cylinder strap/chain 2 Other head attachment racks I Assorted hardware, pins and dowels I Stand mounted and 12-floor bolts 1 Vise, frame mounted, heavy duty I Oil catch basin, steel 460 1 Cylinder rack#3, steel, custom made, consisting of. 13,050 3,915 1,370 1 I-beam, steel, 16" deep x 26' long I Push/pull hydraulic cylinder, fixed I Control valve and hydraulic lines 2 Chain vise platforms 1 Assorted hardware 1 Stand mounted 461 1 Jib crane,Abel-Howe, swiveling I-beam arm, 6" deep x 10' 4,330 1,515 530 long, with column: I Mounted on steel waste oil tank/table, 5'6" x 14'x 3', 1,700 gal. 6 Leveling legs 1 Trolly 1 Air pressure vessel and tool connects I Chain hoist, pneumatic, 1,100 lb. capacity 40 Linear feet of catch channel, on table edge 2 Air hose reels 2 Air hoses 1 Vise 462 3 Toolboxes, each with assorted hand tools, (property of ---- ---- ---- mechanics, not valued)consisting of: I Craftsman I Kennedy I Enerrac 1 Steel cabinet, 3'x 22" x 6' 1 Steel cabinet with various tool boxes I Rolling tool cabinet, 36" x 26"x 80" 463 1 Parts washer cabinet, System One 1,780 535 185 43 Page 221 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE-DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 464 1 Steel table,4' x 4'x 3', with vise with 4 1/2"jaws 1,300 390 135 465 3 Parts racks, steel, heavy duty,4 tier, consisting of: 15370 410 145 2 44" x9'x7' 1 Yx8'x67" 466 1 Parts cart,steel,48" x 24"x 42", 4 tier 480 145 50 467 1 Spare air compressor, 25 HP,piston type,w/130 gallon air 15,620 5,465 1,915 tank,(not connected, not in Use) 468 1 Heavy duty engine lift,Parker,model: Hyd-lift 1,050 370 130 469 1 H-frame hydraulic press, 44" x 50" x 12' 21,440 7,505 2,625 470 1 Nut breaker stand,2'x 11' 6",with chain platform, and: 25,080 8,780 3,075 I Chain driven carriage - I H-frame hydraulic clamp/press I Hydraulic controls and hoses I Stand mounted 1 Wrench rack 10 Large wrenches, 4" to 7" 471 1 Parts rack, steel,rolling, 60" x 24" x 65", 5 tier 650 195 70 472 1 Cart with 2-hydraulic fluid filters, Parker, model: 48502, 7,000 2,100 735 with hoses 473 1 Hand truck with lift, Wesco, model: PL-S4-2222 1,190 355 125 474 1 Pressure washer, Karcher, model: HDS755 5,720 1,715 600 475 1 H-frame hydraulic press, Carolina, model: CBP-1200, 50 5,500 1,650 580 ton capacity, with load gage 476 1 Stock rack, steel, 48" x 40" x 72", 8 tier, 2 sided 550 165 60 44 Page 222 BERNEL,L HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE- DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 477 1 Packaged hydraulic power pack unit, Racine, with: 7.5 HP 7,590 2,655 930 Leeson motor, 2-filters, hoses 45 Linear feet of conduit and wiring to panel 478 1 Work table, steel, 34" x 9'x 36", with: 2,930 1,025 360 2 Undershelves 9 Linear feet of front rail, channel 1 Vise, with 5",jaws 479 1 Electric chain hoist,2 ton, on pallet 2,640 925 325 480 1 Honing table, automatic, 20'x 3'x 3', (disassembled, not in As Is 1,000 350 use,with: 1 Drum of honing/polishing wands, 6' long Test Room Equipment 481 1 Hydraulic pump and pressure test stand, Sunstrand Sauer, 91,520 41,185 14,415 diesel powered, (see below for power unit),with: l Lot of adapter plates and pump stand 482 1 Hydrostatic pump, Sunstrand Sauer, model: 23 Series, with 79,250 31,700 11,095 diesel motor, International, 175 HP, 7.3 liter, with: 1 Skid mounted I Fuel tank 1 Custom exhaust system I Hydraulic reservoir, stainless steel,200 gallon I Sets of hydraulic hoses to test stand I Electrical conduit and wiring to control panel 2 Starting batteries 483 1 Battery charger, 200/40/6/2 Amp.,NAPA 270 80 30 484 1 Hydraulic pump and pressure test stand, portable, Kahn & 59,860 23,945 8,380 Company, model: KC1033, s/n 7, 5,000 PSI, 10 HP, mfg. 1957 for Navy,with: 1 Disconnect switch, 60 amp. 40 Linear feet of conduit and wiring to panel 45 Page 223 BERNELL HYDRAULICS,INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE- DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 485 1 Hydraulic pump and pressure test stand,white one, 25 HP, 45,000 18,000 6,300 with: 1 Lot of adapter plates and pump stand 1 Four prong simplex outlet 40 Linear feet of conduit and wiring to panel 486 40 Extra hydraulic test hoses, and: 9,300 3,255 1,140 1 Slanted steel rack/trough, 18" x 8' x 33", with drain 487 1 Wire rack of used hydraulic pump parts,Tx 18" x 6', 36,200 10,860 3,800 6 shelf, est. 120 pieces 488 2 Wire racks, Y x 14" x 56", 7 shelf, with: 21,680 6,505 2,275 2 Lots of used hydraulic fittings and couplers,on 14 tiers, est. 740 pieces 30 Plastic boxes, medium 25 Plastic boxes, small 489 2 Carts, steel,4'x 24" x 43", 3 tier,with: 6,730 2,020 705 2 Lots of used hydraulic fittings, on 6 tiers 490 1 Telescoping gantry crane, portable, A-frame, Pittsburg, 2,050 715 250 1 ton, 7' 8" span x 99" - 148", with: 1 Traveler I Chain hoist CM, 1/2 ton capacity 491 95 Pump to motor couplings, various sizes and configurations 23,750 8,315 2,910 492 2 Storage shelf units, steel, 4'x 2'x 8',heavy duty, 7 tier 2,000 600 210 493 1 Lot of test manifolds, on 7 tiers of shelves, est. 200 pieces 35,000 10,500 3,675 494 4 Flow meter assemblies, with: hose, pressure gauge and 4,000 1,600 560 control valve, Hedland 495 1 Hydraulic fluid filter cart, Parker, model: CF2-I 7,000 2,450 860 496 1 Hydraulic fluid filter cart, Parker, model: RFP2 5,000 1,750 615 46 Page 224 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE- DECEMBER 10,2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 497 1 Lot of minor equipment at test room, consisting of: 3,010 1,055 370 3 Hard hats 2 Small trickle chargers, Centech, 12 volt 1 Mop, bucket, and wringer 1 Rolling garbage can, 55 gallon 2 Oily waste storage cans, Just Rite, 12 gallon 1 Cart,2'x 3' x 34", 2 tier 1 Drum hand truck I Air hose, 50' 3 Drills, 18 volt, Makita 2 Pneumatic air wrenches 1 Table vise, with 4 1/2"jaws, Starrette 4 C-clamps,20" 3 Pipe wrenches, large 498 1 Workbench, steel, 69" x 33" x 34", heavy duty, with: 720 215 75 499 1 Toolbox, Workforce,with various hand tools and wrenches 500 150 55 500 1 Toolbox, Snap-On,with hand tools, (belongs to mechanic), ---- ---- not appraised Store Room in Main BuildinjZ 501 1 Lot of minor equipment at main building, consisting of: 1,640 490 170 1 Pallet jack, Bushamon 1 Step ladder, Fiberglass, 7' 1 Truck tool box, Channel Lock,4'x 2'x 28" 1 Face safety shield I Fire extinguisher. 7 lb. 1 Patio umbrella 1 Plastic tote 1 Shop vacuum, 10 gallons 502 1 Lot of ware house storage racks, consisting of: 4,030 1,210 425 2 Uprights, 42"x 10' 3 Uprights,42" x 12', heavy duty, galvanized 2 Uprights,48" x 14', heavy duty 10 Beams, 8' long x 3 3/4" deep 47 Page 225 BERNELL HYDRAULICS, INC. MOVABLE EQUIPMENT EFFECTIVE DATE OF VALUE- DECEMBER 10, 2018 Fair Market Forced Item Replacement Value in Liquidation No. Qty. Description Cost New Place Value 24 Beams, 8' long x 5" deep 12 Wood shelves, 8'x 39" 5 Wood shelves, 8'x 45" 503 1 Merchandising rack, steel, 16" x 24" x 51", 3 tier,not in use 100 65 25 504 1 Krimping machine, Parker, model: JJ341TS23, on pallet, not 15,000 5,250 1,835 in use I Power package, Parker, model: Parflange base unit 505 1 Parflange too] coding machine, Parker, model: 1025-110,on 3,150 1,100 385 pallet, not in use 506 1 Pedestal grinder, 3/4 HP, dual arbor, Bail Bearing Grinder, 1,540 465 165 part no. 2540 507 1 Parflange tool coding machine, Parker, model: 1025-110, As Is 3,600 1,260 with: 1 Parts cabinet, rolling, Parker,3'x 2'x 37" 508 1 Steel cabinet, 3'x 18" x 6', for paint cans 330 100 35 509 1 Pressure washer, Troy Built, Read Start, gas, 175 cc, 2700 350 105 35 psi, 2.3 max gpm, 7.75 ft.-lbs. torque TOTAL MOVABLE EQUIPMENT $1,916,325 ' 867,335 $292,640 does not include assets valued "As Is") 48 Page 226 EXHIBIT D FORM OF GRANT DEED GRANT DEED RECORDING REQUESTED BY Commonwealth Land Title Insurance Company AND WHEN RECORDED RETURN TO: City of Rancho Cucamonga Attn: City Clerk 10500 Civic Center Drive Rancho Cucamonga, California 91730 APN: 0229-131-07 [SPACE ABOVE FOR RECORDER'S USE ONLY] GRANT DEED THE UNDERSIGNED GRANTOR DECLARES AS FOLLOWS: The undersigned declares that this Grant Deed is exempt from Recording Fees pursuant to California Government Code Section 27383 and exempt from Documentary Transfer Tax pursuant to California Revenue and Taxation Code Section 11922. FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged JONES FAMILY TRUST OF 2010, AS TO AN UNDIVIDED 2/3 INTEREST AND ROBERT BRUCE STANFORD,JR.,AND WILLIAM R.RUSHING,AS SUCCESSOR TRUSTEE OF THE STRACK FAMILY TRUST, DATED MARCH 13, 2014, AS TO THE REMAINDER (collectively referred to herein as "Grantor") hereby grants to THE CITY OF RANCHO CUCAMONGA, ("Grantee"), the fee simple interest in certain real property located in the City of Rancho Cucamonga, County of San Bernardino, State of California, more particularly described on Exhibit A and depicted on Exhibit B attached hereto and incorporated herein by reference. SUBJECT TO: 1. General and special real property taxes and assessments and supplemental assessments for the current fiscal year; Page 227 2. All liens, encumbrances, easements, covenants, conditions and restrictions of record; and 3. All matters which would be revealed or disclosed in an accurate survey of the property. IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of the date set forth below. Dated: , 2020 "Seller" THE JONES FAMILY TRUST OF 204 0 By: William A. Jones, Trustee ROBERT BRUCE STANFORD, JR., Robert Bruce Stanford, Jr. WILLIAM R. RUSHING, TRUSTEE THE STRACK FAMILY TRUST, DATED MARCH 13, 2014 William R. Rushing, Trustee Page 228 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 ) On 2020, before me, , 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 (Seal) Page 229 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN BERNARDINO ) On , before me, , a 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. Notary Public SEAL: Page 230 CERTIFICATE OF ACCEPTANCE This is to certify that the Grant Deed dated 2020, from JONES FAMILY TRUST OF 2010, AS TO AN UNDIVIDED 2/3 INTEREST AND ROBERT BRUCE STANFORD, JR., AND WILLIAM R. RUSHING,AS SUCCESSOR TRUSTEE OF THE STRACK FAMILY TRUST, DATED MARCH 13, 2014, AS TO THE REMAINDER to the CITY OF RANCHO CUCAMONGA, a municipal corporation, is hereby accepted by the undersigned agent on behalf of the CITY OF RANCHO CUCAMONGA, a municipal corporation, pursuant to authority conferred by Resolution of the City Council and Grantee hereby consents to recordation thereof by its duly authorized agent. Dated this day of , 2020. GRANTEE: CITY OF RANCHO CUCAMONGA, A MUNICIPAL CORPORATION By: John Gillison, City Manager Page 231 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN BERNARDINO ) On , before me, , a 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. Notary Public SEAL: Page 232 Exhibit A to Grant Deed LEGAL DESCRIPTION OF FEE SIMPLE INTEREST ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THAT PORTION OF BLOCK 7, ACCORDING TO MAP SHOWING SUBDIVISION OF WEST ETIWANDA LAND AND TOWN COMPANY, BEING A PART OF SECTION 8, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, AS PER PLAT RECORDED JUNE 19, 1901 IN BOOK 15, PAGE 12 OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID BLOCK 7; THENCE NORTH ALONG THE WESTERLY LINE THEREOF, 135 FEET; THENCE EASTERLY TO A POINT IN THE EASTERLY LINE OF SAID BLOCK 7, 122 FEET NORTH OF THE SOUTHEAST CORNER THEREOF; THENCE SOUTH, ALONG SAID EASTERLY LINE, 122 FEET, TO SAID SOUTHEAST CORNER; THENCE WESTERLY ALONG THE SOUTHERLY LINE THEREOF TO THE POINT OF BEGINNING. THE EASTERLY '/2 OF BRUCE AVENUE, LYING WEST OF AND ADJOINING THE PREMISES ABOVE DESCRIBED, VACATED AND ABANDONED BY ORDER OF THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, A COPY OF WHICH ORDER WAS RECORDED SEPTEMBER 27, 1934, IN BOOK 1001, PAGE 30 OF OFFICIAL RECORDS. TOGETHER WITH THAT PORTION OF THE WEST ONE-HALF OF ETIWANDA AVENUE WHICH WOULD PASS BY OPERATION OF LAW UPON CONVEYANCE OF SAID LAND. APN: 0229-131-07 Page 233 EXHIBIT E DESCRIPTION OF ENVIRONMENTAL MATTERS (To be provided by Seller) 1 11 23 1-0247\2428923v2.doc Page 234 EXHIBIT F CERTAIN DEFINITIONS Environmental Laws means all federal, state, local, or municipal laws, rules, orders, regulations, statutes, ordinances, codes, decrees, or requirements of any government authority regulating, relating to, or imposing liability or standards of conduct concerning any Hazardous Substance (as later defined), or pertaining to occupational health or industrial hygiene (and only to the extent that the occupational health or industrial hygiene laws, ordinances, or regulations relate to Hazardous Substances on, under, or about the Property), occupational or environmental conditions on, under, or about the Property, as now or may at any later time be in effect, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) [42 USCS §§ 9601 et seq.]; the Resource Conservation and Recovery Act of 1976 (RCRA) [42 USCS §§ 6901 et seq.]; the Clean Water Act, also known as the Federal Water Pollution Control Act (FWPCA) [33 USCS §§ 1251 et seq.]; the Toxic Substances Control Act (TSCA) [15 USCS §§ 2601 et seq.]; the Hazardous Materials Transportation Act (HMTA) [49 USCS §§ 1801 et seq.]; the Insecticide, Fungicide, Rodenticide Act [7 USCS §§ 136 et seq.]; the Superfund Amendments and Reauthorization Act [42 USCS §§ 6901 et seq.]; the Clean Air Act [42 USCS §§ 7401 et seq.]; the Safe Drinking Water Act [42 USCS §§ 300f et seq.]; the Solid Waste Disposal Act [42 USCS §§ 6901 et seq.]; the Surface Mining Control and Reclamation Act [30 USCS §§ 1201 et seq.]; the Emergency Planning and Community Right to Know Act [42 USCS §§ 11001 et seq.];the Occupational Safety and Health Act [29 USCS §§ 655 and 657]; the California Underground Storage of Hazardous Substances Act [H & S C §§ 25280 et seq.]; the California Hazardous Substances Account Act [H & S C §§ 25300 et seq.]; the California Hazardous Waste Control Act [H & S C §§ 25100 et seq.]; the California Safe Drinking Water and Toxic Enforcement Act [H & S C §§ 24249.5 et seq.]; the Porter-Cologne Water Quality Act [Wat C §§ 13000 et seq.] together with any amendments of or regulations promulgated under the statutes cited above and any other federal, state, or local law, statute, ordinance, or regulation now in effect or later enacted that pertains to occupational health or industrial hygiene, and only to the extent that the occupational health or industrial hygiene laws, ordinances, or regulations relate to Hazardous Substances on, under, or about the Property, or the regulation or protection of the environment, including ambient air, soil, soil vapor, groundwater, surface water, or land use. Hazardous Substances includes without limitation: (a) Those substances included within the definitions of hazardous substance, hazardous waste, hazardous material, toxic substance, solid waste, or pollutant or contaminant in CERCLA, RCRA, TSCA, HMTA, or under any other Environmental Law; (b) Those substances listed in the United States Department of Transportation (DOT) Table [49 CFR 172.101], or by the Environmental Protection Agency (EPA), or any successor agency, as hazardous substances [40 CFR Part 302]; (c) Other substances, materials, and wastes that are or become regulated or classified as hazardous or toxic under federal, state, or local laws or regulations; and 1 11 23 1-0247\2428923v2.doc Page 235 (d) Any material, waste, or substance that is (i) a petroleum or refined petroleum product, (ii) asbestos, (iii) polychlorinated biphenyl, (iv) designated as a hazardous substance pursuant to 33 USCS § 1321 or listed pursuant to 33 USCS § 1317, (v) a flammable explosive, or (vi) a radioactive material. 2 11 23 1-0247\2428923v2.doc Page 236 EXHIBIT G FORM OF RIGHT OF ENTRY AND ACCESS AGREEMENT RIGHT OF ENTRY AND ACCESS AGREEMENT THIS RIGHT OF ENTRY AND ACCESS AGREEMENT (herein called this "Agreement") is made and entered into as of , 2020 (the "Effective Date"), by JONES FAMILY TRUST OF 2010, AS TO AN UNDIVIDED 2/3 INTEREST AND ROBERT BRUCE STANFORD, JR., AND WILLIAM R. RUSHING, AS SUCCESSOR TRUSTEE OF THE STRACK FAMILY TRUST, DATED MARCH 13, 2014, AS TO THE REMAINDER(herein called "Grantor"), BERNELL HYDRAULICS,INC. ("Bernell") and the CITY OF RANCHO CUCAMONGA, a municipal corporation(herein called "Grantee"). WITNESSETH: WHEREAS, Grantor is the owner of the fee simple interest in the real property located at 8810 Etiwanda Avenue, in the City of Rancho Cucamonga, and Bernell is the business operating on said real property, over which Grantee seeks to acquire the fee simple interest in the real property, more particularly described onExhibit A, attached hereto and incorporated herein by reference(herein called the "Property"); WHEREAS, Grantor, Bernell and Grantee contemplate entering into a Purchase and Sale Agreement and Escrow Instructions related to the Property(the "Purchase Agreement"); WHEREAS, Grantee has requested the right of entry upon and access to the Property for the purpose of undertaking tests, inspections and other due diligence activities (herein called the "Due Diligence Activities") in connection with the proposed acquisition by Grantee of the Property under the Purchase Agreement; WHEREAS, Grantor and Bernell have agreed to grant to Grantee, and Grantee has agreed to accept from Grantor and Bernell, a non-exclusive, revocable license to enter upon the Property to perform the Due Diligence Activities in accordance with the terms and provisions of this Agreement; WHEREAS, Grantor, Bernell and Grantee desire to execute and enter into this Agreement for the purpose of setting forth their agreement with respect to the Due Diligence Activities and Grantee's entry upon the Property. NOW, THEREFORE, for and in consideration of the foregoing premises, the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor,Bernell and Grantee do hereby covenant and agree as follows: 1. Access by Grantee. 1 Page 237 (a) Subject to Grantee's compliance with the terms and provisions of this Agreement, until the earlier to occur of(i) the Close of Escrow, (may be inconsistent with the 45 days in the agreement) or (ii) the earlier termination of this Agreement, Grantee and Grantee's agents, employees, contractors, representatives and other designees (herein collectively called "Grantee's Designees") shall have the right to enter upon the Property for the purpose of conducting the Due Diligence Activities. (b) Grantee expressly agrees as follows: (i) any activities by or on behalf of Grantee, including, without limitation, the entry by Grantee or Grantee's Designees onto the Property in connection with the Due Diligence Activities shall not damage the Property in any manner whatsoever or disturb or interfere with the rights or possession of any tenant on the Property, (ii) in the event the Property is altered or disturbed in any manner in connection with the Due Diligence Activities, Grantee shall immediately return the Property to the condition existing prior to the Due Diligence Activities, and (iii) Grantee, to the maximum extent allowed by law, shall indemnify, defend and hold Grantor and Bernell harmless from and against any and all claims, liabilities, damages, losses, costs and expenses of any kind or nature whatsoever(including, without limitation, attorneys' fees and expenses and court costs) suffered, incurred or sustained by Grantor or Bernell as a result o� by reason o f or in connection with the Due Diligence Activities or the entry by Grantee or Grantee's Designees onto the Property. Notwithstanding any provision of this Agreement to the contrary, Grantee shall not have the right to undertake any invasive activities or tests upon the Property, or any environmental testing on the Property beyond the scope of a standard "Phase I" investigation, without the prior written approval of Grantor and Bernell of a workplan for such "Phase II" or invasive testing, which may be granted, denied or conditioned in Grantor's and/or Bernell's sole and absolute discretion. If Grantor and Bernell do not respond or reject any workplan within five (5) business days of Grantee's delivery of the written workplan proposal to Grantor and Bernell pursuant to the notice provisions of this Agreement, then Grantor and Bernell shall be deemed to have approved the submitted workplan and Grantee may proceed with such testing. If Grantor and Bernell reject such proposed workplan in whole or in part, then this Agreement shall become null and void at the sole option of Grantee. If Grantee terminates this Agreement under the foregoing provision, then neither party shall have any further rights, duties and obligations. 2. Lien Waivers. Upon receipt of a written request from Grantor and Bernell, Grantee will provide Grantor and Bernell with lien waivers following completion of the Due Diligence Activities from each and every contractor, materialman, engineer, architect and surveyor who might have lien rights, in form and substance reasonably satisfactory to Grantor, Bernell and its counsel. To the extent permitted by applicable law, Grantee hereby indemnifies Grantor and Bernell from and against any claims or demands for payment, or any liens or lien claims made against Grantor, Bernell or the Property as a result of the Due Diligence Activities. 3. Insurance. Prior to entry onto the Property, Grantee shall, and shall cause all of Grantee's Designees performing the Due Diligence Activities to, procure or maintain a policy of commercial general liability insurance issued by an insurer reasonably satisfactory to Grantor and Bernell covering each of the Due Diligence Activities with a single limit of liability (per occurrence and aggregate) of not less than $1,000,000.00, and to deliver to Grantor and Bernell a certificate of insurance and copy of additional insured endorsement naming Grantor and Bernell as named additional insureds, evidencing that such insurance is in force and effect, and evidencing 2 Page 238 that Grantor and Bernell have been named as additional insureds thereunder with respect to the Due Diligence Activities. Such insurance shall be maintained in force throughout the term of this Agreement. 4. Successors. To the extent any rights or obligations under this Agreement remain in effect,this Agreement shall be binding upon and enforceable against, and shall inure to the benefit of� the parties hereto and their respective heirs, legal representatives, successors and permitted assigns. 5. Limitations. Grantor and Bernell do not hereby convey to Grantee any right, title or interest in or to the Property, but merely grants the specific rights and privileges hereinabove set forth. 6. Notices. All notices and demands shall be given by email, with a written copy sent by First Class mail. Notices shall be considered given upon the earlier of(a) delivery by email, or (b) two (2) business days following deposit in the United States mail, postage prepaid, First Class mail. A copy of all notices shall be sent to Escrow Holder. Notices shall be addressed as provided below for the respective party, provided that if any party gives notice in writing of a change of name or address, notices to such party shall thereafter be given as demanded in that notice: Buyer: City of Rancho Cucamonga Engineering Department 10500 Civic Center Drive Rancho Cucamonga, California 91730 Attn: Jason Welday Phone: (909) 477-2700 Email: Jason.Welday@cityofrc.us Copy to: Richards, Watson&Gershon 350 South Grand Avenue, 37th Floor Los Angeles, California 90071 Attn.: Regina N. Danner, Esq. Phone: (213) 626-8484 Fax: (213) 626-0078 Email: rdanner@rwglaw.com Seller: Jones Family Trust of 2010 Robert Bruce Stanford, Jr. William R. Rushing, Successor Trustee Bernell Hydraulics, Inc. Email: wilson59al@gmail.com ironbillr@gmail.com stanford744@earthlink.net 3 Page 239 With a Copy To: Paige Gosney Gresham, Savage, Nolan&Tilden, PC 550 E. Hospitality Lane, Suite 300 San Bernardino, California 92408-4205 Phone: (909) 723-1788 Email: paige.gosney@greshamsavage.com Kevin Abbott Lobb &Plewe 4160 Temescal Canyon Road, Suite 202 Corona, California 92883 Phone: (951) 788-9410 Email: kabbott@lobbplewe.com Escrow Holder: Commonwealth Land Title Company 888 South Figueroa Street, Suite 2100 Los Angeles, California 90017 Attention: Crystal Leyvas, VP National Accounts Escrow Officer Telephone: (213) 330-3059 Email: cleyvas@cltic.com 7. Assignment. This Agreement may not be assigned by Grantee. 8. Governing Law. This Agreement shall be construed, enforced and interpreted in accordance with the laws of the State of California. 9. Termination. This Agreement can be terminated by Grantor or Bernell at any time and for any reason, or no reason, upon written notice from Grantor or Bernell to Grantee. 10. Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original, and all of such counterparts together shall constitute one and the same instrument. 11. No Recording of Agreement or Memorandum of Agreement. In no event shall this Agreement or any memorandum hereof be recorded in the Official Records of San Bernardino County, California, and any such recordation or attempted recordation shall constitute a breach of this Agreement by the party responsible for such recordation or attempted recordation. IN WITNESS WHEREOF, Grantor, Bernell and Grantee have caused this Agreement to be executed and sealed, on the day and year first written above. 4 Page 240 GRANTOR: THE JONES FAMILY TRUST OF 2010 By: William A. Jones, Trustee ROBERT BRUCE STANFORD, JR. Robert Bruce Stanford, Jr. WILLIAM R. RUSHING, TRUSTEE THE STRACK FAMILY TRUST, DATED MARCH 13, 2014 William R. Rushing, Trustee BERNELL HYDRAULICS,INC. By: Name; Title: 5 Page 241 GRANTEE: CITY OF RANCHO CUCAMONGA, a municipal corporation By: Name: John Gillison Title: City Manager Attest: Janice C. Reynolds, City Clerk 6 Page 242 EXHIBIT A LEGAL DESCRIPTIONO FEE SIMPLE INTEREST ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THAT PORTION OF BLOCK 7, ACCORDING TO MAP SHOWING SUBDIVISION OF WEST ETIWANDA LAND AND TOWN COMPANY, BEING A PART OF SECTION 8, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, AS PER PLAT RECORDED JUNE 19, 1901 IN BOOK 15, PAGE 12 OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID BLOCK 7; THENCE NORTH ALONG THE WESTERLY LINE THEREOF, 135 FEET; THENCE EASTERLY TO A POINT IN THE EASTERLY LINE OF SAID BLOCK 7, 122 FEET NORTH OF THE SOUTHEAST CORNER THEREOF; THENCE SOUTH, ALONG SAID EASTERLY LINE, 122 FEET, TO SAID SOUTHEAST CORNER; THENCE WESTERLY ALONG THE SOUTHERLY LINE THEREOF TO THE POINT OF BEGINNING. THE EASTERLY '/2 OF BRUCE AVENUE, LYING WEST OF AND ADJOINING THE PREMISES ABOVE DESCRIBED, VACATED AND ABANDONED BY ORDER OF THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, A COPY OF WHICH ORDER WAS RECORDED SEPTEMBER 27, 1934, IN BOOK 1001, PAGE 30 OF OFFICIAL RECORDS. TOGETHER WITH THAT PORTION OF THE WEST ONE-HALF OF ETIWANDA AVENUE WHICH WOULD PASS BY OPERATION OF LAW UPON CONVEYANCE OF SAID LAND. APN: 0229-131-07 7 Page 243 Mayor L.Dennis Michael I Mayor Pro Tern Lynne B.Kennedy Council Members Ryan A.Hutchison,Kristine D.Scott,Sam Spagnolo i City Manager John R.Gillison CITY OF RANCHO CUCAMONGA j JO0. 10500 Civic Center Drive Rancho Cucamonga,CA 91730 909.477.2700 www.CityofRC.us-i EXHIBIT H PROPOSED ACQUISITION LETTER 2020 Jones Family Trust of 2010 Robert Bruce Stanford, Jr. William R. Rushing, Trustee 10259 Wilson Avenue Alta Loma, CA 91737 SUBJECT: Purchase of the Fee Simple Interest in the Real Property Located at 8810 Etiwanda Avenue in Rancho Cucamonga,California Dear Property Owners: As you know, the City of Rancho Cucamonga, a municipal corporation ("City") intends to acquire the fee simple interest in the property referenced above from you through a negotiated purchase and PURSUANT to that certain Purchase and Sale Agreement dated as of , 2020 by and between the City and Jones Family Trust of 2010, Robert Bruce Stanford, Jr., and William R. Rushing, Trustee (the "Agreement"). The City intends to acquire the property for the purpose of grade separation purposes and all uses necessary and convenient thereto pursuant to California Constitution, Article 1, Section 19, California Government Code Sections 37350,37350.5,37351, 37361, 40401 and 40404, California Code of Civil Procedure Section 1230.010, et seq. (Eminent Domain Law), including, but not limited to Sections 1240.010, 1240.020, 1240.110, 1240.120,1240.510, 1240.610, 1240.650, 1245.650, Public Utilities Code Section 132410, and other provisions of law. California law requires a public entity to make all reasonable efforts to acquire expeditiously, by negotiated purchase,real property that is needed for a public project. If the public entity is unable to acquire the property through negotiated purchase, it can acquire the property by such public entity's right of eminent domain. The purpose of this letter is to confirm that the City had made you aware that had the City been unable to acquire the property through negotiated purchase, staff would have recommended to the City Council that the City adopt a resolution of necessity and commence proceedings to acquire the property by the City's right of eminent domain, and that the Agreement contains the terms and conditions for the purchase and sale of the property in lieu of the City's efforts at acquisition through eminent domain. Sincerely, CITY OF RANCHO CUCAMONGA, A MUNICIPAL CORPORATION By: Page 244 John R. Gillison, City Manager Exhibit I LEASE THIS LEASE (this "Lease") is dated as of , 2020, and is entered into by and between the CITY OF RANCHO CUCAMONGA, a California municipal corporation(the "Landlord"), and BERNELL HYDRAULICS, INC. (the "Tenant"). RECITALS A. Landlord is the owner of that certain real property improved with a building located at 8810 Etiwanda Avenue in the City of Rancho Cucamonga, California("Building"). B. Landlord desires to lease to Tenant, and Tenant desires to lease from Landlord, the land and the Building described on Exhibit "A" (the "Leased Premises"). C. Tenant has operated its business from the Leased Premises for approximately years. Landlord recently purchased the Leased Premises in connection with the construction and maintenance of the Etiwanda Grade Separation Project ("Project'). Landlord and Tenant have agreed that Tenant can continue to operate its business on the Leased Premises for the approximate twenty(20) month period until construction on the Project will commence. NOW, THEREFORE, in consideration of the foregoing recitals, and for other consideration, the sufficiency of which is hereby acknowledged, Landlord and Tenant hereby agree as follows: AGREEMENT SECTION 1. Lease of Premises. Landlord leases to Tenant and Tenant leases from Landlord the Leased Premises for the Term and upon the covenants, agreements, and conditions hereinafter set forth. Tenant shall also have reasonable rights to access the Leased Premises at all times. SECTION 2. Term. The term of this Lease shall commence on October 2020 and shall continue until the earlier of June 30, 2022 or the date on which the construction of Tenants relocation site located at 8821 Etiwanda Avenue is completed. SECTION 3. Rent. Part of the consideration by Landlord to Tenant for this Lease is described in Recital C. Tenant shall also pay to Landlord, in advance, on the first business day of each calendar month, the sum of$100.00. Rent will be payable without notice or demand and without any deduction, offset, or abatement in lawful money of the United States to the Landlord at the address stated herein for notices or to such other persons or such other places as the Landlord may designate to Tenant in writing. SECTION 4. Permitted Uses. The Leased Premises may continue to be used for the business operated by Tenant, which deals with hydraulic equipment and parts. SECTION 5. Maintenance, Utilities. Tenant shall maintain the exterior, structural portions, roof, plate glass and windows of the Building, and the electrical, alarm, utility and plumbing systems of the Building. Page 245 11 23 1-0247\2442009v3.doc Maintenance and repair of the Leased Premises shall solely be the responsibility of the Tenant. In the event the Leased Premises are deemed unsafe, Tenant shall be responsible for any and all repairs required, should Tenant decided to remain operating on the Leased Premises. Tenant will obtain, maintain and pay for all utilities (including electricity and trash) serving the Building or Leased Premises. SECTION 6. Taxes. Personal Property Taxes - Tenant will pay prior to the delinquency all taxes assessed against and levied upon the trade fixtures, furnishings, equipment and other personal property of Tenant contained in or on the Leased Premises. SECTION 7. Alterations and Additions. Tenant will not, without the Landlords prior written consent, make any alterations, improvements, or additions in or about the Leased Premises. SECTION 8. Condition of Premises. During the term of the Lease, Tenant will maintain the premises free of trash and litter at all times. Upon termination of this Lease, Tenant will be responsible for vacating the Leased Premises on or before the last day and to return the Leased Premises to an"as leased" condition. Cleanup and maintenance of yards and buildings, and repair of any damages caused by Tenant to buildings, fences, gates, utilities, or any other personal or real property will be at the expense of Tenant, Such activity will be completed within ten(10) days after lease termination. Failure to complete cleanup or repairs within ten (10) days will allow Landlord to complete work with all expenses borne by the Tenant. SECTION 9. Gate. Tenant will provide their own gate lock and maintain in such a fashion as to secure the Leased Premises, while allowing Landlord access. SECTION 10. Indemnity and Insurance. (a) Tenant shall defend, indemnify and hold Landlord harmless from and against any and all claims, liabilities, losses, damages, costs and expenses arising from or relating to the use of the Leased Premises by Tenant. (b) Tenant shall carry workers compensation insurance required by law, and reasonable liability insurance against claims and liability for personal injury, death or property damage in the amount of at least One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate for bodily injury or death, and at least Five Hundred Thousand Dollars ($500,000) for property damage. All insurance required hereby shall only be carried by responsible insurance companies licensed to do business in the State of California with a current A.M. Best rating of no less than A:VII. All such policies shall contain language to the effect that: (a) they are primary and noncontributing with any insurance that may be carried by Landlord; and(b) the Landlord is an additional insured. SECTION 11. Notices. All notices by either party to the other shall be in writing and shall be given by reputable overnight messenger(such as federal express) or certified mail, return receipt requested, postage prepaid, addressed as follows: -2- Page 246 11 23 1-0247\2442009v3.doc If to Landlord: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Attn: City Manager If to Tenant: Bernell Hydraulics, Inc. 8810 Etiwanda Avenue Rancho Cucamonga, CA 91730 Attn: Or to such other addresses as each respective party may from time to time designate by written notice delivered in accordance with this Section. SECTION 12. Counterparts. This Lease may be executed in any number of counterparts, each of which shall be deemed to be an original, but all together shall constitute but one and the same lease. SECTION 13. BindingEffect.ffect. This Agreement shall be binding upon and inure to the benefit of Landlord and Tenant and their respective successors, assigns and successors in interest. SECTION 14. City Manager Authority. The City Manager shall have the authority to give all consents and approvals on behalf of the Tenant hereunder, and to enter into extensions and non-substantial amendments of the Lease on behalf of the Tenant,provided they are in writing. SECTION 15. Default. In the event Tenant fails to observe or perform any of the covenants, conditions or provisions of this Lease where such failure continues for a period of thirty(30) days after written notice thereof from Landlord to Tenant (or if cure requires more than such period, then if Tenant fails to commence the cure within such period or fails to reasonably prosecute the cure to completion), then, in addition to any other rights and remedies available at law, in equity or otherwise, Landlord may terminate this Lease by written notice to Tenant. IN WITNESS WHEREOF, the parties have caused this Lease to be executed as of the date first written above. LANDLORD: TENANT: CITY OF RANCHO CUCAMONGA BERNELL HYDRAULICS, INC. By: By: Print Name: Name: John Gillison, City Manager Title: Attest: -3- Page 247 11 23 1-0247\2442009v3.doc Exhibit A Improvement Description The subject property is improved with a single-tenant industrial complex consisting of a main building, a machine shop building, and two other structures of mixed construction. 1,776 square feet of office space,or 13.9 percent of the gross building area. The site contains an area of 32,769 square feet, or 0.75 acres of land,which equates to a building coverage ratio of 38.88 percent. Main Building The total gross building area of the main building and machine shop building contains 12,740 square feet with The main industrial building consists of a 9,880 square foot, fair-to-average quality, mixed construction of Class "C" concrete block and Class "S" metal. Approximately 2,000 square feet,in the eastern portion of the building,is concrete block construction with the remainder of metal construction. This building is irregular in shape,and has a partial second floor in the metal portion of the building that is improved with 1,776 square feet of office and an open mezzanine storage loft and metal stairwell. The structure has a concrete slab foundation and a slant roof with concrete tile cover over the concrete block portion of the building and gable-style metal roof over the metal portion of the building. Access to the building consists of a front wood covered concrete patio with wood posts and concrete steps leading to a pedestrian door along the front/eastern building elevation, and additional access on the western and northern building elevations, along with 4 ground level loading doors for loading access. The loading doors comprise of one along southern, one along the western, and two along the northern building elevation. The interior of the concrete block portion of the building has a parts sales room and restroom,work area, and a locker room with adjacent restroom and shower. The parts sales area is accessed from the main front entrance adjacent to Etiwanda Avenue. It has a painted concrete floor, painted concrete block walls, painted wood ceiling with exposed HVAC system, hanging fluorescent light panels, aluminum slider windows with horizontal miniblinds and exterior security bars, metal front door, and metal and wood counter areas. The adjacent restroom has tile floor,painted walls and ceiling,a toilet,one wall sink,a fan,light,and mirror. There is a small office area behind the counter with the same flooring, walls, and ceiling along with recessed spotlights,aluminum slider window and exterior security bars. To the adjacent west of the parts sales room is a step down area used as a work and storage room. It has concrete flooring,painted block walls on the north, south,and east,and metal wall on the western. The electrical power panel is in this area supplying 200 ampere, 120-480 volt, and 4-wire capacity. Adjacent to the south of this room, is a locker room with double stainless- steel sink,bathroom with two toilet stalls,tile floor with drains, and a shower with tile walls. The metal portion of the building has an office/parts room/kitchen and warehouse on the ground floor and an office plus open mezzanine storage loft on the second floor. The parts portion of the area has concrete flooring, metal walls, metal and wood support beam ceiling, fluorescents light strips and 9-foot ceiling height. The office area has vinyl square flooring, painted walls, acoustic ceiling tiles and recessed fluorescent light. The adjacent kitchen has a painted concrete flooring, walls, and ceiling, wood cabinets, drop in stove/oven combination,refrigerator,micro-vent oven,metal sink with garbage disposal,Formica counter top, and eating area. Power in the metal portion of the building is provided by a 100-amp, 120-480 volt, 4 wire main panel system. 1 Page 248 Adjacent to the kitchen is an interior stairway to the second floor of metal and concrete construction and metal handrails. The second floor has wood laminate flooring, painted drywall walls,painted textured ceiling with recessed fluorescent light panels, HVAC,windows with exterior security bars. The ceiling is flat,but slanted on the eastern side of the floor and in the stairway. There is a conference room with aluminum slider windows and horizontal blinds, restroom with similar floor, walls, ceiling improved with a toilet, wood pullman with quartz counter and sink,mirror, and light. There are two office work areas and one area has some built in Oak cabinets. There is also a storage room,computer room, and a large private office at the north end of the floor. There is a door that provides access to the open mezzanine loft as well that houses the furnace and air conditioning systems as well as storage. The warehouse is divided into 5 rooms an apparently constructed in different time periods. The ceiling heights range from 15 to 22 feet and the clear height ranges from 13.5 to 20.5 feet. There is an evaporative cooler in the northwest corner of the warehouse and an AC unit mounted on the roof. Three of the four loading doors are located in the warehouse area, and one loading door is located on the north side of the concrete block portion of the building by the work area. The ground level roll up loading door on the south wall is 9 foot high by 10 foot wide. The sliding loading door on the western wall is 12 foot by 12 foot. The sliding loading door is near the northwest corner of the warehouse,houses diesel equipment. It measured approximately 8 foot wide by 8 to 10 feet high and has an adjacent pedestrian door. Machine Shop Building The machine shop building consists of a 2,860 square foot, 1-story Class"S",metal,of fair-to-average quality, believed to be constructed around 1977,according to public records. This building is rectangular in shape,and has a movable metal storage bin attached to it on the west end of the building. There were several cranes located within the building. The building has a concrete slab foundation and a gable corrugated metal roof with some skylights and fluorescent strip lighting and some hanging spotlights. There is a 4-foot-wide roof overhang over the south side of the building. There is no office or restroom in the building. There is a 21' wide by 11'l0' high metal sliding door on the south side of the building along with a pedestrian door on the eastern elevation. There were some holes in the eastern elevation of the corrugated metal wall. The building has a 12'8" ceiling height and a 10'11" clear height. Power is provided by a 200-amp, 120 to 240-volt, and 3-wire panel system. Site Improvements Site improvements include a concrete paving on all but a 97.5 foot by 41.5 foot area at the northwestern corner of the site, which has gravel cover. There are concrete block walls on the north, south, and west property boundaries. There is a sliding gate along the southern property boundary used for truck access; Landscaping is limited to a few trees and shrubs on the site. There is a large metal canopy in the southwest corner of the site and a mix construction storage shed structure and metal storage bin area at the northeast corner of the site. 2 Page 249 Olt, i I DATE: September 16, 2020 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Lori Sassoon, Deputy City Manager/Administrative Services SUBJECT: Consideration to approve a Voluntary Collection Agreement with HomeAway.Com, Inc., for the collection of Transient Occupancy Taxes (TOT). RECOMMENDATION: Staff recommends that the City Council approve the Voluntary Collection Agreement with HomeAway.Com, Inc. BACKGROUND: Chapter 3.40 of the Municipal Code requires the payment of Transient Occupancy Tax (TOT) of 10% by guests who stay in the City's hotels. TOT is a major source of revenue for the General Fund, although more recently it has been adversely impacted by the COVID-19 pandemic and the resulting decline in travel. In FY 2019/20, the City collected $3.5 million in TOT revenues; in FY 2020/21, $1.8 million is anticipated from this important revenue source. Over the last 12 years, the short-term rental (STR) model has arisen as a major new option for the traveling public. Originally pioneered by Airbnb, but with other platforms soon following, travelers can book a reservation for a bedroom or an entire private home through websites or smartphone apps in virtually any location around the world. The STIR business model has challenged the traditional hotel and vacation rental businesses. Along the way, it has also faced regulatory challenges in cities regarding zoning laws and the collection of TOT. SRT's have generally not been permitted under local zoning laws, including in Rancho Cucamonga, and cities have had concerns regarding the loss of TOT revenues. In recent years, the City has received complaints regarding "party houses" rented through these platforms, as well as single- family homes being converted into essentially multi-family home sharing uses. The City has pursued enforcement actions through the Community Improvement Division. On November 15, 2017, the City Council approved a Voluntary Collection Agreement (VCA) with Airbnb for the voluntary collection of TOT. Airbnb had developed and offered these agreements to various cities as an answer to the policy concerns regarding loss of TOT revenues for cities and the need to level the playing field for hotel operators, who traditionally are collecting and remitting TOT to their home cities. Under the VCA, Airbnb assumes the duties of the host under the City's Municipal Code, and collects and remits TOT on behalf of the properties on its platform. On August 5, 2020, the City Council adopted Ordinance No. 969, establishing regulations for SRT's. The new ordinance created a framework for the legal operation of SRT's in the City, subject to certain restrictions, including the issuance of a Short-Term Rental Permit by the City and the collection and remittance of TOT revenues. Page 250 ANALYSIS: During the development and consideration of the recent SRT Ordinance, representatives from HomeAway were in contact with staff and presented testimony to the City Council regarding concerns about the ordinance. HomeAway is another major SRT platform that includes websites such as Vrbo and Vacation Rentals.com in addition to its namesake website. In follow-up conversations with staff, HomeAway expressed an interest in entering into a Voluntary Collection Agreement (VCA) with the City. The proposed VCA (Attachment 1) is very similar to the VCA previously approved with Airbnb. Key points of the VCA are as follows: • Effective November 1, 2020, HomeAway will collect and remit TOT on behalf of its host properties in Rancho Cucamonga. • HomeAway assumes liability for any failure to report, collect, and/or remit the correct amount of TOT to the City. • HomeAway is not responsible for any TOT collection prior to the effective date of the agreement. • As is the case with the Airbnb VCA, HomeAway will not provide any personal identifying information regarding its hosts or the specific locations of host properties. The City is not precluded from independently seeking that information through other means, but HomeAway will not provide it. • The VCA remains in effect until terminated upon 30 days' written notice by either party. Approval of the VCA does not eliminate the need for individual SRT operators to obtain a Short-Term Rental Permit pursuant to the SRT Ordinance. It does, however, simplify the collection and remittance of TOT for permitted SRT's, as HomeAway assumes this responsibility on behalf of the SRT operator. It is recommended that the City Council approve the Voluntary Collection Agreement with HomeAway. FISCAL IMPACT: Approval of the VCA will result in additional Transient Occupancy Tax revenue. The amount of revenue will vary based upon the number of HomeAway hosts, occupancy rates, and market impacts on pricing. COUNCIL MISSION /VISION / GOAL(S) ADDRESSED: Approval of this agreement supports the City Council's core value of intentionally embracing and anticipating the future. The sharing economy is continuing to grow, and approval of this VCA recognizes the effective regulation of SRT's and the value in streamlining the collection of TOT generated by these properties. ATTACHMENTS: Attachment 1 - Voluntary Collection Agreement Page 251 VOLUNTARY COLLECTION AGREEMENT THIS VOLUNTARY COLLECTION AGREEMENT ("Agreement") is dated 2020 and is between HOMEAWAY.COM, INC., a Delaware corporation ("HomeAway"), and the City of Rancho Cucamonga, California (the "City"). Each party may be referred to individually as a "Party" and collectively as the "Parties." HomeAway and its subsidiaries operate an internet based platform that allows homeowners ("Homeowners") to advertise the availability of their properties to travelers ("Guests") seeking accommodations through various brands and websites, including, but not limited to, HomeAway, Vrbo, and VacationRentals.com ("HomeAway Platform"). HomeAway and the City enter into this Agreement voluntarily in order to facilitate the reporting, collection, and remittance of the City's Transient Occupancy Tax imposed under Chapter 3.40 of the City Code (the "Tax") by Homeowners and Guests on the HomeAway Platform for occupancy of accommodations located in the City in accordance with this Agreement as follows: 1. With respect to any transaction between a Homeowner and a Guest booked on and for which payment is completed on the HomeAway Platform for accommodations for which Tax is due, and during the period in which this Agreement is in effect (as defined below), and solely pursuant to the terms and conditions of this Agreement,HomeAway agrees to collect and remit Tax. 2. Tax shall be collected and remitted at the applicable rate by HomeAway based upon the entire amount charged by the Homeowner in connection with the transaction, including but not limited to the following fees charged by a Homeowner: rental fee, service fee, booking fee, cleaning fee, property damage fee, and any other use-related fee; but excluding refundable damage deposits. HomeAway shall file returns on the form and in the time and manner described in the City Code or as agreed between the parties in writing. 3. HomeAway agrees to commence collecting and remitting Tax starting on November 1, 2020(the "Effective Date"). For the avoidance of doubt, this Agreement to collect shall not extend to any period or transaction prior to the Effective Date or after the termination of this Agreement, or to any user's transaction completed through any means, method or platform other than the HomeAway Platform. 4. On a prospective basis upon the Effective Date of this Agreement, and during any period in which this Agreement is in effect, in accordance with the terms of this Agreement, HomeAway agrees contractually to assume liability for any failure to report, collect, and/or remit the correct amount of Tax, including, but not limited to, penalties and interest, lawfully and properly imposed in compliance with law. Nothing contained herein nor any action taken pursuant to this Agreement, including but not limited to the collection or remittance of Tax, shall impair, restrict, or prevent HomeAway from asserting that any Tax and/or penalties, interest, fines, or other amounts assessed against it were not due or are the subject Page 252 of a claim for refund under applicable law, or from enforcing any and all rights accorded to it pursuant to law. 5. During any period in which this Agreement is in effect, and without waiving any audit rights provided to the City, with respect to any transaction for which Tax is due and paid pursuant to this Agreement, the City agrees to audit HomeAway in the manner provided in the Tax, except that: (a) HomeAway will not be required on the basis of this Agreement to disclose the Homeowner or Guest name or property address at issue; and (b) the City shall not, directly or indirectly, audit any individual Guest or Homeowner relating to such. Nothing in this paragraph prevents the City from auditing an individual who (or entity that) happens to be a Homeowner based upon transactions that the City learns of independently. 6. Upon the City's request in connection with an audit, HomeAway shall submit all applicable transaction data based on reservation ID, or other type of transaction ID, as maintained by HomeAway in its ordinary course of business. The Parties agree that HomeAway is not required, on the basis of this Agreement, to produce any Homeowner or Guest name or address relating to any transaction in connection with an audit or otherwise, except pursuant to a lawfully issued subpoena. 7. The City agrees, for the purpose of facilitating this Agreement, that it shall not make any assessment, supplemental assessment, or claim for Tax as to HomeAway for any period preceding the Effective Date of this Agreement; and it releases and discharges any claims against HomeAway (and its present or former: successors, direct or indirect members, parents, subsidiaries, affiliates, agents, legal representatives, insurers, employees, officers, directors and shareholders) from any and all past, present, or future assessments, causes of action, claims, demands, expenses, damages, or losses, of whatever kind or nature, known or unknown, asserted or unasserted, in law or equity, whether statutory or common law, which existed, accrued, or arose related to the Tax for the period preceding the Effective Date of this Agreement. 8. Any and all tax returns, information, data, records or documents provided to the City in connection with this Agreement, including but not limited to any audit, shall be deemed confidential and shall not be shared with any third party, including but not limited to any other governmental agency or any other jurisdiction, unless as required by a court of competent jurisdiction. 9. This Agreement is solely for the purpose of facilitating the administration and collection of Tax due for transactions booked on and for which payment is completed on the HomeAway Platform. It is expressly understood and agreed by the Parties that neither Party has made any concessions regarding the merits of its respective positions nor the merits of the other Party's positions with respect to the collection of Tax addressed in this Agreement. 10. The City agrees to work with HomeAway to answer any questions received from Homeowners and the public about HomeAway's tax collection and remittance process under this Agreement. If requested by the City, HomeAway will provide information to the City to be used by the City to answer questions from Homeowners,travelers and others. 2 Page 253 11. No modification of this Agreement shall be effective unless in writing and signed by both parties. 12. This Agreement may be terminated by HomeAway or the City upon 30 days' written notification to the other Party. Any termination under this Paragraph shall not affect the duty of HomeAway to remit to the City any Tax collected from Guests up through and including the effective date of termination of this Agreement, even if not remitted by HomeAway to the City as of the date of termination. 13. This Agreement, its construction and any and all disputes arising out of or relating to it, shall be interpreted in accordance with the substantive laws of the State of California without regard to its conflict of law principles. 14. This Agreement contains the entire agreement of the Parties with respect to the subject matter of this Agreement, and supersedes all prior negotiations, agreements, and understandings with respect thereto. 15. The Parties represent and warrant that they each have the legal authority to enter this Agreement, that the person executing the Agreement on behalf of either Party is authorized to do so, and that the Agreement shall be binding and enforceable when duly executed and delivered by each Party. 16. This Agreement is executed in two (2) counterparts, each of which shall be deemed an original. 17. This Agreement has been jointly prepared by the Parties hereto, and shall not be construed more strictly against either Party. 18. Neither Party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other Party which consent shall not be unreasonably withheld. Notwithstanding the foregoing, HomeAway may assign this Agreement in its entirety without the City's consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets provided the assignee has agreed to be bound by all of the terms of this Agreement and all Tax and all other sums due at the time of the attempted assignment have been paid in full. Any attempt by a Party to assign its rights or obligations under this Agreement in breach of this section shall be void and of no effect. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the Parties,their respective successors, and permitted assigns. 19. All notices under this Agreement shall be in writing and shall be deemed to have been given upon: (i) personal delivery; (ii) the third business day after first class mailing, postage prepaid; or (iii)the second business day after sending by overnight mail, by facsimile with telephonic confirmation of receipt, or by email. Notices shall be addressed to the attention of the following persons, provided each Party may modify the authorized recipients by providing written notice to the other Party: To HomeAway: HomeAway.com, Inc. Attn: Tom Pucci 3 Page 254 HOMEAWAY.COM, elaware By. Page 255 Olt, i I DATE: September 16, 2020 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Ivan Rojer, Fire Chief Joseph Ramos, Emergency Management Coordinator SUBJECT: Consideration to Continue the Existing Local Emergency Due to the Novel Coronavirus (COVID19) Pandemic. RECOMMENDATION: Staff recommends the City Council review the need for continuing the existing local emergency due to the Novel Coronavirus (COVID19) pandemic and confirm the need for the local emergency to exist. BACKGROUND: On January 31, 2020, the Department of Health and Human Services declared the COVID19 outbreak a public health emergency for the United States. The state of California followed this public emergency, and the Governor declared a state of emergency on March 4, 2020, and the President declared a national emergency on March 13, 2020. Subsequently, the San Bernardino County Department of Public Health declared a public health emergency on March 10, 2020. On March 18, 2020, pursuant to the California Emergency Services Act (Government Code Section 8550 et seq.), the City Council of the City of Rancho Cucamonga proclaimed a local emergency by way of Resolution 2020-014. On May 6, 2020, and July 15, 2020, the City Council of the City of Rancho Cucamonga reviewed the need to continue the existence of the local emergency and agreed to extend for an additional 60 days. ANALYSIS: Government Code Section 8630 requires the City Council to review the need for continuing the local emergency once every 60 days until the governing body terminates the emergency. At this time, the Federal, State, and County emergency declarations, which includes the State's Stay At Home orders, remain in place due to the continuing COVID-19 pandemic. In addition, on August 28, 2020, the California Governor released the blueprint for a Safer Economy, which are risk-based criteria on tightening and loosening COVID-19 allowable activities and expands the length of time between changes to assess how any movement affects the trajectory of the disease. Currently, San Bernardino County is placed in the most restrictive tier. Given the City's need to continue assisting residents and businesses affected by these various State and County orders and to effectively respond to emergencies during the COVID-19 pandemic, staff recommends keeping the local emergency in place throughout this pandemic. FISCAL IMPACT: The budgetary impact is unknown. Emergency operations, response, and recovery efforts continue to consume a significant amount of staff time. Various revenues, including sales tax and transient occupancy tax(TOT) along with multiple City fees, have been significantly reduced. The City will have to expend funds in the General Fund and potentially reserves to combat COVID19 and continue operations during this crisis. However, maintaining the local emergency does not, in and of itself, result in a fiscal impact of the City. The emergency declaration may allow the City to seek reimbursements for specific emergency protective measures incurred in responding to the pandemic. Page 256 COUNCIL MISSION /VISION / GOAL(S) ADDRESSED: By keeping the need for the local emergency and actively recovering state and federal emergency expenses, we are ensuring our community continues its efforts to be sustainable and maintain a safe, healthy, and high quality of life for all residents. ATTACHMENT: N/A Page 2 Page 257 CITY OF RANCHO CUCAMONGA DATE: September 16, 2020 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Anne McIntosh, Planning Director Mike Smith, Principal Planner SUBJECT: DEVELOPMENT AGREEMENT AMENDMENT DRC2020-00124 AND SPECIFIC PLAN AMENDMENT DRC2020-00254 - CITY OF RANCHO CUCAMONGA - Located north of 4th Street, south of the Burlington Northern Santa Fe (BNSF) Railway, west of Milliken Avenue, and east of Utica/Cleveland Avenues, within the Empire Lakes Specific Plan. (ORDINANCE NO. 974 AND ORDINANCE NO. 975). RECOMMENDATION: Staff recommends that the City Council adopt the attached Ordinances approving Development Agreement Amendment DRC2020-00124 and Specific Plan Amendment DRC2020-00254. BACKGROUND: The City Council approved amendments to the General Plan (related file: General Plan Amendment DRC2015-00114)on May 18, 2016, and amendments to the Specific Plan and Development Code (related files: Specific Plan Amendment DRC2015-00040, and Development Code Amendment DRC2015-00115) on June 1, 2016. These amendments enabled the property owner (master developer), Empire Lakes Holding Company, LLC, and subsequent merchant builders to develop a new mixed use and transit- oriented project ("Empire Lakes/The Resort"; hereafter referred to as "the Project") on a property of about 160 acres located north of 4th Street, south of the Burlington Northern Santa Fe (BNSF) railway, west of Milliken Avenue, and east of Utica/Cleveland Avenues, within the Empire Lakes Specific Plan. The Project is proposed to be completed .in three general phases. Phase 1 encompasses the construction of the areas of the Project located south of 6th Street. Phases 2 and 3 apply to the areas of the Project located north of 61h Street. In addition to the above entitlements, the City Council adopted Development Agreement DRC2015-00118 on September 5, 2018 (hereafter referred to as "the Agreement"). The Agreement became effective on October 8, 2018 and it was recorded with the County of San Bernardino on November 26, 2018. On August 12, 2020, the Planning Commission conducted a public hearing for the proposed Development Agreement and Specific Plan. The Commission subsequently adopted Resolutions No. 20-41 and 20-40 recommending to the City Council the approval of these amendments. ANALYSIS: The current Agreement for the Project includes several major terms including those related to the duration of the Agreement, a requirement to dedicate land and contribute funding for a proposed Joint Use Public Facility (JUPF) for use by several City Departments, and a requirement to construct during Phase 2 in Planning Area N-15 an approximately 1.3-acre private park (the "Camp") for use by future residents. In late 2019 and early 2020, the City began developing a comprehensive conceptual street framework for Page 258 Phases 2 and 3 of the Specific Plan. In response to the updated street framework, both the City and the master developer recognized that the implementation of this street network affects the fulfillment of some of the terms in the Agreement. In addition, there is text within the Specific Plan that currently requires the master developer to complete certain improvements at a specific threshold. The updated street network similarly affects the ability of the master developer to accomplish this. Therefore, amendments to the Agreement and the Specific Plan have been proposed for review and action by the City Council. The proposed amendments to the Agreement are summarized below and are followed by staff comments in italics (the full text of the amendments are in Attachment 1 of the draft Ordinance approving this Development Agreement amendment). Amendment #1 — Joint Use Public Facility (JUPF) Construction Schedule: This amendment replaces the schedule described in the original Agreement with a new one. The new schedule generally states that the City shall commence development of the JUPF within eighteen (18) months of the property owner dedicating the applicable parcel for the JUPF and completing the payment of required funds. This would be contingent on the City having issued Certificates of Occupancy for at least 22,500 square feet of non-residential building space and 2,000 dwelling units within the Project. The original Agreement stated that that the City shall commence development of the JUPF within eighteen (18) months of the dedication of land for the JUPF and submittal of funds provided the City has issued Certificates of Occupancy, and commercial uses occupy, at least 22,500 square feet of non-residential building construction located south of 61" Street. The primary difference between the terms is the addition of the 2,000th dwelling unit "trigger"for the commencement of the development of the JUPF. Also, there is a change to the area of the Project that is subject to the construction of the required non-residential building space and dwelling units. It now applies to the overall Project site and not just the area south of 61n Street as stated in the original Agreement. Amendment #2 — Interim Access Condition: This amendment is an addition. It generally states that the City agrees to process an amendment to the Specific Plan to delete the"Interim Access Condition" requirement for the construction of an access road between 611 Street and 7t" Street prior to the issuance of the 400th Certificate of Occupancy in Phase 1 of the Project. The Specific Plan Amendment (DRC2020-00254) associated with the subject amendment to the Development Agreement addresses this by deleting the specified text (further discussion below). Amendment#3—Street Framework: This amendment is an addition. It generally states that if the City approves a separate amendment to the Specific Plan relating to the street network, alignments, etc. within the Project that is consistent with the framework plan that the City has prepared, then projects that are subsequently approved shall be deemed to incorporate that amendment to the Specific Plan. The amendment also specifies additional environmental analysis that will be conducted as required under the California Environmental Quality Act (CEQA). The separate Specific Plan Amendment (DRC2020-00164) that is currently being processed by the City will address this by incorporating the conceptual street framework and delete references to the "Camp". Page 2 Page 259 Amendment#4— Termination of Restrictive Covenant: This amendment is a revision. It generally states that if the City approves a Specific Plan Amendment to delete the "Interim Access Condition", then the property owner shall execute and record a notice terminating the "Restrictive Covenant". Specific Plan Amendment DRC2020-00254 is associated with the subject amendment to the Agreement and will address this by deleting the specified text (per Amendment#3). The proposed amendment to the Specific Plan is in response to the proposed amendment to the Agreement (specifically, Amendment#2). The amendment to the Specific Plan deletes text describing the details of a required temporary connection between 6th and 7th Streets. This, in turn, provides the City the flexibility to implement the conceptual street framework. It also removes any impediment to the completion of Phase 1 of the Project, located south of 6th Street, by the master developer and their merchant builders while the City incorporates the street framework via a separate amendment to the Specific Plan currently being prepared. 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. FISCAL IMPACT: The original Development Agreement (as approved in June 2018) and the original Specific Plan (as approved in May 2016) have facilitated the development of the Project and assisted in achieving the fiscal benefits that were discussed in the Staff Report for the associated amendments to the General Plan, Specific Plan, and Development Code that were approved by the City Council in May/June 2016. The annual revenue generated from, for example, property tax, sales tax, fees, and assessments, and the costs for government services including, for example, police, animal care, community development, public works, and other general government functions were analyzed in a fiscal impact analysis prepared in March 2016. The annual revenues/ costs in the calculations in the analysis were based on the Project when it was fully constructed and completed. The benefits include the project' s contribution to Park District 85 (PD85), Landscape Maintenance District 1 (LMD1), and Street Lighting District 1 (SLD1). These benefits would not occur without implementation of the project. This substantial, additional revenue from the proposed project would reduce the need for General Fund contributions to these assessment districts. Other economic benefits were expected to accrue as a result of the Project. The EIR certified for the Project identifies the underserved and unmet housing needs in the region. The availability of new housing opportunity allows businesses to grow by providing additional housing for new and existing workers. Providing these housing opportunities in close proximity to the City' s business and industrial core will facilitate an environment where individuals who work in the community will also reside in it, and support existing businesses. Due to the transit- and pedestrian -oriented approach of the project, environmental costs are lowered and a healthier environment is created. Page 3 Page 260 Furthermore, higher value industrial businesses are increasingly relying on being near a supply of housing for potential employees when determining new locations for their operations. The Project represents an opportunity to provide the needed housing in rental and price ranges that are affordable to early career workers. Also, an option is created for older residents looking to " downsize" and select a location which requires less driving to reach services. The proposed amendments to the Development Agreement and the amendment to the Specific Plan do not affect the analysis of the fiscal impact for the Project. COUNCIL MISSION /VISION / GOAL(S) ADDRESSED: The original Development Agreement ensured that the Project, when completed, will contribute to the realization of several City Council goals. The General Plan discusses several land use policies including 1) planning for vibrant, pedestrian -friendly mixed use and high density residential areas at strategic infill locations along transit routes; 2) implementing land use patterns and policies that incorporate smart growth practices, including placement of higher densities near transit centers and along transit corridors; and 3) supporting housing opportunities for workers of all income ranges. The City Council has two goals, Goals A24 and A25 that are relevant to the Project. The objective of Goal A24 is " to address 1) mixed use, high density, transit-oriented development (TOD), and 2) underperforming or underutilized areas." The objective of Goal A25 is " review the City's zoning districts and evaluate/ investigate creating overlay districts. The proposed amendments to the Development Agreement and the amendment to the Specific Plan do not affect the fulfillment of the City Council's goals. ATTACHMENTS: Attachment 1 - Planning Commission Resolution No. 20-41 for Development Agreement Amendment DRC2020-00124 Attachment 2 - Planning Commission Resolution No. 20-40 for Specific Plan Amendment DRC2020- 00254 Attachment 3 - Draft Ordinance No. 974 for Development Agreement Amendment DRC2020-00124 Attachment 4 - Draft Ordinance No. 975 for Specific Plan Amendment DRC2020-00254 Page 4 Page 261 RESOLUTION NO; 20-41 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, , RECOMMENDING APPROVAL OF DEVELOPMENT AGREEMENT AMENDMENT DRC2020.00124, A REQUEST TO AMEND DEVELOPMENT AGREEMENT DRC201`5-00116. BETWEEN THE CITY OF RANCHO CUCAMONGA AND SC RANCHO DEVELOPMENT CORP. AND EMPIRE LAKES .HOLDING COMPANY, LLC, FOR PROPERTIES NORTH OF 4TH STREET,SOUTH OF THE BURLINGTON NORTHERN SANTA FE RAILWAY, WEST OF MILLIKEN AVENUE; .AND EAST OF UTICAICLEVELAND AVENUES, WITHIN THE EMPIRE LAKES SPECIFIC PLAN; APNS: 0209-272-20, 0210-102-07 THROUGH - 10, 0210-102-01 THROUGH -03, 0210-102-19 THROUGH-6- 1, :0210-102-15°AND-17, 0210-671-01 AND-03,AND-04, 021,0-671- 06 THROUGH 24, 0210-681-03 AND -04.AND-08 THROUGH - 13, 0210-681-14`THROUGH -33, AND 0210-102-1.1. .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 Amendment DRC2020-00124 as described in.the title of this Resolution, Hereinafter in this Resolution, the subject Development Agreement Amendment is referredto as "the application." 2. On August 12, 2020, the Planning Commission conducted a duly 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. The 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 this Commission during the .above-referenced public hearing on August 12', 2020 including written and oral staff reports, together.:with-publid'testimony, this Commission hereby specifically finds as.follows: a. The application applies to a property that is currently in various,,phases of development and construction'by the.master developer (SC'Rancho Development Corp, and Empire Lakes Holding Company, LLC)-and their merchant builders; b. Development of the subject property ,is governed by the Empire Lakes Specific Plan, the City's Development Code, and the City's General Plan; c. The Specific Plan, as itwas amended in 2016, consists of several"Planning Areas". The subject properties are within "Planning Area 1"of the Specific Plan. Page 262 PLANNING COMMISSION RESOLUTION NO. 20-41 DEVELOPMENT AGREEMENT AMENDMENT DRC2020-00124 -- CITY OF RANCHO CUCAMONGA August 12, 2020 Page 2 d. The subject properties are within a project site of 1.60-acres located in the Specific Plan. The Specific Plan has an overall area of 347-acres and is generally bound by 4th Street to the south, Milliken Avenue to the east, Cleveland Avenue and Utica;Avenue to the west, and Sth Street and the BNSI=1MetrolinK fail line to the north. The subject property is generally located at the center of the Specific Plan., Both the,Specific Plan and the project site are bisected into south and north halves by 6th Street; e. The City Council approved General Plan Amendment DRC201,5-00114 on May 18, 2016, and Specific Plan Amendment DRC2015-00040 and Development Code Amendment DRC2015-00115 on June 1, 2016. These amendments enabled:the-property owner (master developer), SC Rancho Development Corp. and Empire Lakes Holding. Company, LLC, and subsequent-merchant builders to develop a new mixed use and transit- oriented project ("Empire Lakes/The Resort'; hereafter referred to as "the Project"); f. The purpose of the subject application is to amend several terms that are in the original 'Development Agreement (DRC2015-00118).that the City Council adopted on September 5, 201 B. The Development Agreement became effective on October 8, 201'8 and it was recorded with the County of San Bernardino on November 26, 2018; g. Concurrent with this application is an application for Specific Plan Amendment DRC2020-0254. The purpose of that application is to delete text,describing the detail's of-the'required temporary connection between 6th and 7'h Streets; h. 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, 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 reguiafions, and subject to conditions of approval, thereby strengthening the public planning process, ,encouraging private participationAn 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 original Development Agreement was made and entered into for the Project to ensure'that the above three goals are fulfilled.. The proposed 'amendment to the Development Agreement will continue to ensure these goals are fulfilled; Page 263 PLANNING COMMISSION RESOLUTION NO, 20-41 DEVELOPMENT AGREEMENT AMENDMENT DRC2020-00124 — CITY OF RANCHO CUCAMONGA August 1'2, 2020 Page 3 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings-of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The Development.Agreement amendment is consistent with'the objectives, policies, and,general land uses specified in the General Plan and the applicable Specific Plan. The proposed Development Agreement amendment 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 DRC201.5-00040, and Development Code Amendment DRC2015-00115, respectively) and approved by the City Council in 2016; b. The Development Agreement amendment-is compatible and'in conformity with public convenience, general welfare,-and good land use and zoning practice. The proposed Development Agreement amendment 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 Development Agreement amendment will -not be detrimental to the health, safety, and general welfare of the City. The proposed Development Agreement amendment 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 DRC201'5-00114, Specific Plan Amendment DRC2015-00040, and Development Code Amendment DRC2015-00115; d. The Development, Agreement amendment will not adversely affect the orderly development of property or the preservation., of property values. The proposed Development Agreement amendment will prevent the inefficient use of resources, reduce the public cost of development,:and encourage comprehensive planning. 4. Based upon the facts and information containe6 in the application, together with all written and oral reports included:for the environmental assessment for the application, the Planning Commission 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. 201150410083) 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. Page 264 PLANNING COMMISSION RESOLUTION NO. 20-41 DEVELOPMENT AGREEMENT AMENDMENT DRC2020-00124 -- CITY OF RANCHO CUCAMONGA August 12, 2020 Page 4 b. The Planning Commission finds, in connection with the proposed Development Agreement amendment, 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 original Development Agreement and this amendment 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. Staff 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,th.e impacts of the project to a level of less than significant. The purpose of the original Development Agreement and this amendment 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. Based on these 'findings and all ,evidence in the record, the Planning Commission concurs with the staff determination that no additional environmental 'review is required pursuant to CEQA in connection with the City's consideration of the proposed Development Agreement amendment. 5. On the basis of the foregoing and the totality of the administrative record before it, the Planning Commission hereby recommends that the City Council approve Development Agreement Amendment DRC2020-00124 as shown in Attachment A. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 12TH DAY OF AUGUST 2020. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Ton Guglielm , Chairman ATTEST: Ot�—AdL�— Anne McIntosh, AICP, Secrets Page 265 PLANNING COMMISSION RESOLUTION NO. 20-41 DEVELOPMENT AGREEMENT AMENDMENT DRC2020-00124 — CITY OF RANCHO CUCAMONGA August 12, 2020 Page 5 I, Anne McIntosh, AICP, Secretary of the Planning Commission of 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 12th day of August 2020, by the following vote- to-wit: AYES: COMMISSIONERS: GUGLIELMO, OAXACA, DOPP, MORALES,.WILLIAMS NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Page 266 RESOLUTION NO. 2040 A RESOLUTION ORTHE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF SPECIFIC PLAN AMENDMENT D13=20-00254, A REOUEST TO AMEND THE EMPIRE;LAKES SPECIFIC PLAN,A SPECIFIC PLAN THAT APPLIES TO PROPERTIES LOCATED NORTH -OF 4TH STREET, SOUTH OF THE BNSFIMETROLINK RAIL LINE, WEST OF MILLIKEN AVENUE, AND EAST OF UTICAICLEVELAND.AVENUES, TO DELETE TEXT WITHIN`THE SPECIFIC: PLAN DOCUMENT RELATING TO STREET INFRASTRUCTURE AND PRIVATE OPEN SPACE-AREAS; AND MAKINGFINDINGS IN SUPPORT THEREOF'-APNS:0209-272-20, 0210-102-07 THROUGH -1 Q., 0210-102-01 THROUGH -03, 0210- 102-19 THROUGH-61, 0210-102-15-AND -17, 0210-671-Oj AND- 03 AND-04, 0210-671=06 THROUGH -24, 0210-681-03 AND -04 AND -06 THROUGH -13, 0210-681-14 THROUGH -33;AND 0210- 102-11. A. Recitals. 1.. The City�of Rancho Cucamonga initiated an application for Specific Plan Amendment DRC2020-00254"as described in the title of this Resolution. Hereinafter in this Resolution, the subject Specific Plan Amendment is referred to as "the application. 2. On August 12., 2020, the Planning Commission conducted a.duly 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. Recitals. The Commission-hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true.and correct. 2. Findings. Based upon theaubstantial evidence presented to this Commission during the above-references! public hearing�on August 12`, 2020 including written and oral.staff reports, together with public testimony, this Commission hereby specifically finds-as'follows: a. The application applies to a property that is currently in various phases-of development and construction by the master developer (SC Rancho Development Corp. and Emp(re,Lakes Holding Company, LLC) and their merchant builders; b. Development of,the subject property is- governed by the Empire Lakes Specific Plan, the City's Development Code, and the City's General Plan- C. The Specific Plan,as itwas amended in 2016,consists of several"Planning Areas". The subject properties are within"Planning Area 1" of the Specific Plan. d. The subject properties are,within a project site of 160-acres located'in the Specific Plan. The Specific Plan has an overall area of,347macres and is generally bound by-4th Page 267 PLANNING COMMISSION RESOLUTION,NO. 20-40 SPECIFIC'PLAN AMENDMENT DRC2020-00254—CITY OF RANCHO CUCAMONGA August 12, 2020 Page 2 Street to the south, Milliken Avenue to the east, Cleveland Avenue and Utica Avenue to the west, and Sth Street and the BNSF1Metrolink rail line'to the north. The subject property is generally located at the center of the Specific Plan. Both the Specific Plan and the project site are bisected into south and north halves by 6th Street; e. The City Council approved General'Plan Amendment DRC2015-00114 on May 18, 2016, and iSpecific. Plan Amendment DRC2015-00040 and Development Code Amendment DRC2015-001,15 on June 1, 2016. These amendments enabled the property owner (master developer) SC Rancho Development Corp. and Empire Lakes Holding Company, LLC, and subsequent merchant builders to develop a new mixed use and transit- oriented project("Empire Lakes/The Resort"; hereafter�referred to as "the Project");.. f. Concurrent with this application is an application for bevelopment Agreement Amendment DRC2020-00124. The purpose of that application is to amend several terms that are in the original Development Agreement(DRC201&60118)that the City Council'adopted on September 5, 2018 (hereafter referred to as "the Agreement"). The Agreement became effective on October 8, 201'8 and- it was recorded with the County of San Bernardino on November 26, 2018;, g. The proposed amendment to the Specific Plan,is in response to the above- noted proposed amendment to the:Agreement(specifically,Amendment#2). The amendment to the Specific Plan deletes text describing the details of the required temporary connection between•61h and 7mh Streets. h. This will provide the.City the flexibility to implement the conceptual street framework that has been developed by the City. It also removes any impediment to the completion of the area of,the Project located south of•6'h Street, by the master developer and their merchant builders,while the City incorporates-the street framework via the City's separate amendment to the Specific Plan(DRC2020-00164). The location,of the text that will be deleted is.Appendix A, Section 7.0, on pages A-32 and -36. 3. Based upon the substantial evidence presented to this Commission:during the above-referenced public hearing and upon,the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows:, a. The proposed amendment to the Specific Plan is for the deletion of text relating to a .temporary to connect ,61h and 71h Streets within the Project. The proposed amendment is consistent with the General Plan goals, policies,.and implementation programs; b. The proposed amendment to.the Specific Plan is for the deletion of text relating to a temporary to connect 611 and 71h Streets within the Project. The propose amendment does not affect the land use and development regulations within the Specific.Plan in any manner that cause them to be not-comparable in breadth and depth to similar-zoning regulations contained in the Development Code; C. The proposed amendment to the Specific,Plan is for the deletion,of text relating to a temporary to connect 6th and 7th Streets within' the Project. The proposed amendment does not create any inconsistencies 'between the administration and' permit processes described within the Specific Plan and"those same processes described in the zoning code. Page 268 PLANNING COMMISSION RESOLUTION NO. 20-40 SPECIFIC PLAN AMENDMENT DRC2020-00254,CITY OF RANCHO CUCAMONGA August 12, 2020 Page 3 4. Based upon the facts.and information contained in the application, together with all written and oral reports included forthe-environmental assessment forthe application,the-Planning Commission 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 finding's and determinations; a. Pursuant to the California Environmental Quality Act (CEQA), the City certified an Environmental Impact Report (EIR) (SCH No. 20180410083) on May 18, 2016 in connection with the City's approval of General Plan Amendment DRC20.1-5-00114, Specific Plan Amendment DRC2015-00040, and Development Code Amendment DRC2015-00115. Pursuant to CEQA Guldelines`Section 15162,.no subsequent or supplemental EIR or Negative Declaration is required n.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 snows the project will have new,or more severe impacts than previously considered; and (0) nc additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts; b. The Planning Commission finds, in.connection with the proposed Specific Plan amendment, '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 Specific Plan amendment is to-delete text describing the details of the required temporary connection between 6th and 7th Streets,that is. no longer required;. C. Staff 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 Specific Plan amendment is to delete text describing the details of the required temporary connection between 6th and 7th Streets that is no longer required; d. Based on these findings and all evidence in 'the- record, the Planning Commission concurs with the staff determination that no additional environmental review is required pursuant to CEQA in connection with the City"s consideration of the proposed Specific Plan amendment. 5. On the basis of the foregoing and the totality of the administrative record before it, the Planning Commission hereby recommends that the City Council approve Specific Plan Amendment DRC2020-00254 as shown in-Attachment A. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 12TH DAY OF AUGUST 2020. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA Page 269 PLANNING COMMISSION RESOLUTION NO. 20-40 SPECIFIC PLAN AMENDMENT DRC2020-00254—CITY OF RANCHO CUCAMONGA August 12, 2020 Page 4 BY: Tony uglielrno, Chairman ATTEST: Anne McIntosh, Secretary I, Anne McIntosh, Secretary of the Planning Commission of 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 12th day of August 2020, by the following vote4o-wit: AYES: COMMISSIONERS: GUGLIELMO, OAXACA, DOPP, MORALES, WILLIAMS NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Page 270 ORDINANCE NO. XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT AMENDMENT DRC2020-00124 AMENDING DEVELOPMENT AGREEMENT DRC2015-00118 BETWEEN THE CITY OF RANCHO CUCAMONGA AND SC RANCHO DEVELOPMENT CORP. AND EMPIRE LAKES HOLDING COMPANY, LLC, FOR PROPERTIES NORTH OF 4TH STREET, SOUTH OF THE BURLINGTON NORTHERN SANTA FE RAILWAY, WEST OF MILLIKEN AVENUE, AND EAST OF UTICAICLEVELAND 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 Amendment DRC2020-00124 as described in the title of this ORDINANCE. Hereinafter in this Ordinance, the subject Development Agreement Amendment is referred to as "the Application.11 SC Rancho Development Corp. and Empire Lakes Holding Company, LLC, are the "Applicant." 2. On August 12, 2020, the Planning Commission conducted a duly noticed public hearing on the Application and adopted Resolution No. 20-41 recommending approval of the Application. 3. On September 16, 2020, 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 August 12, 2020. The Planning Commission made a recommendation of approval to the City Council by adopting Resolution No. 20-41. Page 271 CITY COUNCIL ORDINANCE NO. XXX DEVELOPMENT AGREEMENT AMENDMENT DRC2020-00124 - CITY OF RANCHO CUCAMONGA September 16, 2020 Page b. The application applies to a property that is currently in various phases of development and construction by the master developer (SC Rancho Development Corp. and Empire Lakes Holding Company, LLC) and their merchant builders; C. Development of the subject property is governed by the Empire Lakes Specific Plan, the City's Development Code, and the City's General Plan; d. The Specific Plan, as it was amended in 2016, consists of several "Planning Areas". The subject properties are within "Planning Area 1" of the Specific Plan; e. The subject properties are within a project site of 160-acres located in the Specific Plan. The Specific Plan has an overall area of 347-acres and is generally 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 BNSF/Metrolink rail line to the north. The subject property is generally located at the center of the Specific Plan. Both the Specific Plan and the project site are bisected into south and north halves by 6th Street; f. The City Council approved General Plan Amendment DRC2015-00114 on May 18, 2016, and Specific Plan Amendment DRC2015-00040 and Development Code Amendment DRC2015-00115 on June 1, 2016. These amendments enabled the property owner (master developer), SC Rancho Development Corp. and Empire Lakes Holding Company, LLC, and subsequent merchant builders to develop a new mixed use and transit-oriented project ("Empire Lakes/The Resort"; hereafter referred to as "the Project"); g. The purpose of the subject application is to amend several terms that are in the original Development Agreement (DRC201 5-001 1 8) that the City Council adopted on September 5, 2018. The Development Agreement became effective on October 8, 2018 and it was recorded with the County of San Bernardino on November 26, 2018; h. Concurrent with this application is an application for Specific Plan Amendment DRC2020-0254. The purpose of that application is to delete text describing the details of the required temporary connection between 6th and 71h Streets; i. 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, 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 Page 272 CITY COUNCIL ORDINANCE NO. XXX DEVELOPMENT AGREEMENT AMENDMENT DR_C2020-00124 - CITY OF RANCHO CUCAMONGA September 16, 2020 Page 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." j. The original Development Agreement was made and entered into for the Project to ensure that the above three goals are fulfilled. The proposed amendment to the Development Agreement will continue to ensure these 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 amendment 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 amendment 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 amendment 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 amendment will prevent the inefficient use of resources, reduce the public cost of development, and encourage comprehensive planning. Page 273 CITY COUNCIL ORDINANCE NO. XXX DEVELOPMENT AGREEMENT AMENDMENT DRC2020-00124 - CITY OF RANCHO CUCAMONGA September 16, 2020 Page 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. 201504100831 on May 18, 2016 in connection with the City's approval of General Plan Amendment DRC2015-00114, Specific Plan Amendment ❑RC2015-00040, and Development Code Amendment DRC2015-00115. Pursuant to CECA 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 original 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 publicfacilities. C. The City Council further finds that the overall project will not have one or more significant effects not discussed inthe 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 original 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 amendment. SECTION 5. On the basis of the foregoing, and the totality of the administrative record before it, the City Council hereby approves Development Agreement Amendment DRC2020-00124 as shown in Attachment A. Page 274 CITY COUNCIL ORDINANCE NO. XXX DEVELOPMENT AGREEMENT AMENDMENT DRC2020-00124 CITY OF RANCHO CUCAMONGA September 16, 2020 Page 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. 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 16' day of September,2020. 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 September 2020, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 16th day of September 2020, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Page 275 RECORDED AT THE REQUEST OF AND WHEN RECORDED, PLEASE RETURN TO: City of Rancho Cucamonga P. 0. Box 807 Rancho Cucamonga, CA 91729 Attn: City Clerk (Exempt from Recording Fee Per Government Code 6103) FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO. DRC 2015-00118 REGARDING THE EMPIRE LAKES SPECIFIC PLAN, RANCHO CUCAMONGA, CALIFORNIA This First Amendment to Development Agreement No. DRC 2015-00118 ("First Amendment") is entered into as of , 2020 by and between the City of Rancho Cucamonga, a California municipal corporation ("City"), and 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"). RECITALS A. The Parties entered into that certain Development Agreement No. DRC 2015-00118 effective as of October 8, 2018 and recorded on November 26,2018 in the Official Records, County of San Bernardino as Document No.2018-0438838 (the "Original Agreement") with respect to the Subject Property described in Exhibit A to the Original Agreement, and restated for convenience in Exhibit A to this First Amendment(the"Subject Property"). B. The City would like to be assured there are adequate residential occupancies within the Project to utilize the Joint Use Public Facility ("JUPF") so the City does not incur unnecessary operating and maintenance costs. Therefore, the City has asked that the Property Owners permit the Original Agreement to be amended to extend the time period in Section 11.1) of the Original Agreement for the City's commencement of construction of the JUPF to a point when certificates of occupancy have been issued for not less than 2,000 residential units within the Subject Property. C. Section 7.0 of Appendix A to the Specific Plan requires Property Owners to construct an interim access connection across Phases 2 and 3 of the Project to Anaheim Place and 71h Street near the Metrolink station prior to the 4001' certificate of occupancy in Phase 1 of the Project (the "Interim Access Condition"). Given the development constraints of construction of Phases 2 and 3 of the Project, construction of an interim access connection is impractical and creates an undue financial burden on the Project as a throw away cost. To date, Property Owners have completed construction of The Resort Parkway from 4th Street to 01, Street as well as improvements to 6t' Street. These improvements provide access for residents of Phase 1 of the Attachment A 1 11231-000112419679v4.doc Page 276 Project to the Metrolink station via 6" street and Milliken Ave. Given the development constraints of Phases 2 and 3 of the Project, the undue financial burden of the interim access connection , and adequate access being provided by the existing Resort Parkway and 6th Street to the Metrolink station, the City is satisfied this interim access connection is no longer necessary. Therefore, Property Owners request City remove the Interim Access Condition in Section 7.0 of Appendix A to the Specific Plan requiring construction of an interim access connection prior to the 400'h certificate of occupancy in Phase I of the Project. D. The Parties have initiated discussions regarding an amendment. to the Specific Plan's street network, alignments, and connections within Planning Area 1 (the "Framework Plan") to improve the Specific Plan's development potential and circulation. Exhibit B, attached hereto and incorporated herein by reference, is a conceptual representation of the Framework Plan. The Parties jointly desire to implement the Framework Plan by incorporating it into the Specific Plan, and the City is preparing a Specific Plan amendment in order to do so. The Parties wish to set forth the process for implementing the Framework Plan should the City Council adopt the proposed Specific Plan amendment. Further, the City acknowledges that the implementation of the Framework Plan would eliminate the available location and need for the Camp under Section 13.A of the Original Agreement; therefore, City acknowledges that Sections 13.A, 13.0 and clause (iii) of Section 13.13 in the Original Agreement related to the Camp should terminate if the Framework Plan is approved by the City. E. City has purchased certain real property located adjacent to the Subject Property and described in Exhibit C of this First Amendment (the "City Property"). The City Property is burdened by a restrictive covenant agreement dated December 17, 2002, and identified as document number 2002-0701459 in the Official Records of San Bernardino County (the "Restrictive Covenant") in favor of certain real property currently owned by Property Owner Empire Lakes Holding Company, LLC and described in Exhibit D (the `Benefitted Property"). Among other things, the Restrictive Covenant prohibits the owner of the City Property (also referred to in the Restrictive Covenant as the "Fairway Land") from constructing any improvements on the City Property except in accordance with a conceptual land use plan approved by the owner of the Benefitted Property (also referred to in the Restrictive Covenant as the "GDP Land"). City desires that future development of the City Property is not impeded by the Restrictive Covenant and Property Owner is willing to terminate the Restrictive Covenant as provided herein . F. The Parties now intend to amend the Original Agreement as set forth herein. AGREEMENT NOW, THEREFORE, the Parties agree as follows: ARTICLE I DEFINITIONS 1.1. Definitions. Capitalized terms not otherwise defined in, or amended by, this First Amendment shall have the meaning ascribed to them in the Original Agreement. 2 11231-000112419679v4.doc Page 277 ARTICLE II AMENDMENTS 2.1. JUPF Construction Schedule. Section I LD of the Original Agreement is deleted in its entirety and replaced with the following : "D. Construction Schedule. City shall commence development 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 the City has issued certificates of occupancy for at least 22,500 square feet of non-residential building space and 2,000 residential dwelling units within the Subject Property. City's delay or failure to commence construction as of that date shall neither delay nor hinder development of the Project." 2.2. Specific Plan Amendments. A. Interim Access Condition. City agrees to process an amendment to the Specific Plan in order to modify Section 7.0 of Appendix A to the Specific Plan to delete the Interim Access Condition requirement for construction of an interim access connection between 4th Street and the existing intersection of Anaheim Place and 7th Street prior to the issuance of the 400th certificate of occupancy in Phase 1 of the Project. If the City Council approves that Specific PIan amendment, then the Project Approvals, as defined in the Original Agreement, shall be deemed to incorporate that Specific Plan amendment as of said amendment's effective date and the term Project, as defined in the Original Agreement, shall then mean the development of the Subject Property in accordance with the Project Approvals as amended by that Specific Plan amendment. B. Street Framework. If the City Council approves a Specific Plan amendment, which will be processed separately from the Specific Plan amendment in Section 2.2 above, relating to the street network, alignments, and connections within Planning Area 1 that substantially complies with the Framework Plan attached as Exhibit B, then (i) the Project Approvals, as defined in the Original Agreement, shall be deemed to incorporate that Specific Plan amendment as of said amendment's effective date, (ii) the term Project, as defined in the Original Agreement, shall then mean the development of the Subject Property in accordance with the Project Approvals as amended by that Specific Plan amendment, and (iii) Sections 13.A, 13.0 and clause (iii) of Section 133 in the Original Agreement related to the Camp shall terminate and the Camp shall cease to be a part of the Project. The City Council may only approve that Specific Plan amendment and implement the Framework Plan after completing further environmental review under the California Environmental Quality Act (CEQA) and retains the discretion to decline to proceed with the Framework Plan entirely. 3 11231-000112419679v4.doc Page 278 2.3. Termination of Restrictive Covenant. If the.City Council approves the Specific Plan Amendment to delete the Interim Access Condition in accordance with Section 2.2 A (the "SPA Approval"), and concurrent with the recordation of this First Amendment, but no later than thirty (30 days after the SPA Approval, Property Owner shall execute and record, in the Official Records of San Bernardino County, a notice in the form of Exhibit E attached terminating the Restrictive Covenant. 2.4. Effect of Amendment. Except for the changes specifically set forth in this First Amendment, all other terms and conditions of the Original Agreement shall remain in full force and effect. (Signature Page Follows] 4 11231-000112419679v4.doe Page 279 The Parties hereto have executed this First Amendment on , 2020 in Rancho Cucamonga, California. CITY OF RANCHO CUCAMONGA, a SC RANCHO DEVELOPMENT CORP., a Municipal Corporation California corporation Dated: By: Name: Its: Authorized Agent Dennis L. Michael Mayor EMPIRE LAKES HOLDING COMPANY, ATTEST: LLC, a Delaware limited liability company By: North Mountain Corporation, a California corporation, its Manager Janice C. Reynolds City Clerk By: Name: Approved as to form: Its: Authorized Agent Dated: James L. Markman City Attorney 5 11231-000 1124 19679va,aoc Page 280 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 laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 6 11231-000112419679v4.doc Page 281 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 laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 7 11231-000112419679v4.doc Page 282 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 laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Page 283 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 .TUNE 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 THROUGH 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 89031'48" EAST 607.85 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 1; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY SOUTH 0005'22" EAST 384.51 FEET AND ALONG THE EASTERLY LINE OF SAID PARCEL 1 THE FOLLOWING EIGHT(8)COURSES: SOUTH 5020'33" 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 34057'19" 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 74028'00" 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 32-44-26", AN ARC LENGTH OF 142.86 FEET; SOUTH 41°43'34"WEST 449.75 FEET; SOUTH 0037'21" 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; A-2 Page 284 THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 4-0I'lI", AN ARC LENGTH OF 23.78 FEET; THENCE,LEAVING SAID NORTHERLY RIGHT-OF-WAY NORTH 0°37'21"EAST 360.30 FEET; THENCE SOUTH 89053'31" 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, I995 AS INSTRUMENT NO. 1995-0060621 OFFICIAL RECORDS; THENCE ALONG SAID EASTERLY LINE NORTH 0006'32"WEST 738.67 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 89045'13"EAST 342.95 FEET; THENCE SOUTH 49010'44"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 0028'12"EAST 695.14 FEET TO THE TRUE POINT OF BEGINNING. A-3 Page 285 B. PROPERTY OF EMPIRE LAKES HOLDING COMPANY PARCEL A: 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. PARCEL B: PARCEL A OF LOT LINE ADJUSTMENT NO. LLA2017-00002 RECORDED ON JUNE 22, 2017 AS DOCUMENT NO. 20I7-0256645 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 89°53'28"WEST; THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 90°34'44", 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 89-31-48" 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 6-49,47" EAST; THENCE EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 6-21'35", AN ARC LENGTH OF 4.5.09 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 00°28'12" WEST 695.14 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 600.00 FEET; A-4 Page 286 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 694.5I FEET; 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 INRESOLUTION 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 RUNE 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 0006'32"WEST 328.42 FEET; THENCE,LEAVING SAID WEST LINE,NORTH 89°53'31"EAST 372.27 FEET; THENCE SOUTH 0037'21" 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 4038'32" 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 8'15'02"EAST; THENCE WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 7°37'4I", AN ARC LENGTH OF 45.13 FEET; THENCE NORTH 89022'39"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. A-5 Page 287 M x 00 Framework Plan Metralink Station .9 .A ' 2.9 Af - 3.1 A{ Street Types Overlaid on TGP+STP Plan I-Al Vine A rsAC A;. e Vine B and 7th Street Neighborhood Street Cycle Track Street N11 N-f0 I1 „0.9 dC E9At� Sloping Cycle Track Street 7 h Street _— • Pedestrian lane �u Street with MWD Easement Greenway NE9 Frontage Road 6tF St re e Page 288 EXHIBIT C LEGAL DESCRIPTION OF CITY PROPERTY All that certain real property located in the City of Rancho Cucamonga,County of San Bernardino,State of California more fully described.as follows: PARCEL 14 OF PARCEL MAP NO.14647 IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDI[NO,STATE OF CALIFORNIA,AS PER PLAT RECORDED IN BOOK 177 OF THE PARCEL MAPS,PAGES 90&96,INCLUSIVE,OF THE RECORDS OF SAID COUNTY;AND AS AMENDED BY CERTIFICATE OF CORRECTION RECORDED OCTOBER 25,1995,INSTRUMENT NO.95-369354, OFFICIAL RECORDS. Page 289 EXHIBIT D LEGAL DESCRIPTION OF BENEFITTED PROPERTY All that certain real property located in the City of Rancho Cucamonga,County of San Bernardino, State of California as more fully described as follows: 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 1 Page 290 EXHIBIT E NOTICE OF TERMINATION OF RESTRICTIVE COVENANT 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 TERMINATION OF RESTRICTIVE COVENANT AGREEMENT This TERMINATION OF RESTRICTIVE COVENANT AGREEMENT ("Termination') is dated as of , 2020 for reference purposes only, and is entered into by and between EMPIRE LAKES HOLDING COMPANY, LLC, a Delaware limited liability company ("ELH") and the CITY OF RANCHO CUCAMONGA, a California municipal corporation ("City")with reference to the following facts: RECITALS A. ELH is the owner of that certain real property located in the City of Rancho Cucamonga, California described on ExhibitA attached hereto (the "ELH Property"). B. City is the owner of that certain real property located in the City of Rancho Cucamonga, California described on Exhibit B attached hereto (the"City Property"). C. The City Property is burdened by that certain Restrictive Covenant Agreement dated December 17, 2002, and identified as document number 2002-0701459 in the Official Records of San Bernardino County (the"Restrictive Covenant") in favor of the ELH Property. B. ELH and City have agreed, in accordance with the terms of that certain First Amendment to Development Agreement No. DRC 2015-00.118 between ELH and the City dated 2020 ("First Amendment"), to terminate the Restrictive Covenant. NOW THEREFORE, ELH and City agree as follows: 1. Termination/Release.ELH and City hereby terminate, release, and eliminate in whole the Restrictive Covenant from the City Property. From and after the date hereof, ELH and the ELH Property shall cease to have any right, title or interest in the City Property under the Restrictive Covenant and neither ELH nor City shall have any rights, obligations or Liability under the Restrictive Covenant. 2 Page 291 2. Successors/Assigns. This Termination shall be binding on the successors, assigns and successors-in-interest of ELH and the City to the ELH Property and the City Property, respectively. 3. Counterparts. This Termination may be executed by each party on a separate signature page, and when the executed signature pages are combined, shall constitute one single document. (All signatures are on the next page) 3 Page 292 IN WITNESS WHEREOF, ELH and the City have executed this Termination as of the date first written above. ELH 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: CITY CITY OF RANCHO CUCAMONGA, a Municipal Corporation Dennis L.Michael Mayor Dated: ATTEST: Janice C. Reynolds City Clerk Approved as to form: James L. Markman City Attorney 4 Page 293 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 ) ) SS. COUNTY OF ) On 20 before me, , 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 (Seal) Page 294 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 ) ) SS. COUNTY OF ) On 20 before me, , 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 (Seal) Page 295 EXHIBIT A LEGAL DESCRIPTION OF ELH PROPERTY THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: 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. Page 296 EXHIBIT B LEGAL DESCRIPTION OF CITY PROPERTY THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 14 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. Page 297 ORDINANCE NO. XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVING SPECIFIC PLAN AMENDMENT DRC2020-00254, TO AMEND THE EMPIRE LAKES SPECIFIC PLAN, A SPECIFIC PLAN THAT APPLIES TO PROPERTIES LOCATED NORTH OF 4TH STREET, SOUTH OF THE BNSF/METROLINK RAIL LINE, WEST OF MILLIKEN AVENUE, AND EAST OF UTICAICLEVELAND AVENUES, TO DELETE TEXT WITHIN THE SPECIFIC PLAN DOCUMENT RELATING TO STREET INFRASTRUCTURE.AND PRIVATE OPEN SPACE AREAS. A. Recitals. 1. The City of Rancho Cucamonga initiated an application for Specific Plan Amendment DRC2020-00254 as described in the title of this ORDINANCE. Hereinafter in this Ordinance, the subject Specific Plan Amendment is referred to as"the Application." 2. On August 12, 2020, the Planning Commission conducted a duly noticed public hearing .on the Application and adopted Resolution No. 20-40 recommending approval of the Application. 3. On September 16, 2020, 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 August 12, 2020. The Planning Commission made a recommendation of approval to the City Council by adopting Resolution No. 20-40. b. The application applies to a property that is currently in various phases of development and construction by the master developer (SC Rancho Development Corp. and Empire Lakes Holding Company, LLC) and their merchant builders; Page 298 CITY COUNCIL ORDINANCE NO. XXX SPECIFIC PLAN AMENDMENT DRC2020-00254- CITY OF RANCHO CUCAMONGA September 16, 2020 Page c. Development of the subject property is governed by the Empire Lakes Specific Plan, the City's Development Code, and the City's General Plan; d. The Specific Plan, as°it was amended in 2016, consists of several "Planning Areas". The subject properties are within "Planning Area 1" of the Specific Plan; e. The subject properties are within a project site of 160-acres located in the Specific Plan. The Specific Plan has an overall area of 347-acres and is generally 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 subject property is generally located at the center of the Specific Plan. Both the Specific Plan and the project site are bisected into south and north halves by 6th Street; f. The City Council approved General Plan Amendment DRC2015- 00114 on May 18, 2016, and Specific Plan Amendment DRC2015-00040 and Development Code Amendment DRC2015-00115 on June 1, 2016. These amendments enabled the property owner (master developer) SC Rancho Development Corp. and Empire Lakes Holding Company, LLC, and subsequent merchant builders to develop a new mixed use and transit-oriented project ("Empire Lakes/The Resort"; hereafter referred to as "the Project"); g. Concurrent with this application is an application for Development Agreement Amendment DRC2020-00124. The purpose of that application is to amend several terms that are in the original Development Agreement (DRC201.5-00118) that the City Council adopted on September 5, 2018 (hereafter referred to as "the Agreement"). The Agreement became effective on October 8, 2018 and it was recorded with the County of San Bernardino on November 26, 2018; h. The proposed amendment to the Specific Plan is in response to the Above-noted proposed amendment to the Agreement (specifically, Amendment#2). The amendment to the Specific Plan deletes text describing the details of the required temporary connection between 6th and 7th Streets as shown in Attachment A. i. This will provide the City the flexibility to implement the conceptual street framework that has been developed by the City. It also removes any impediment to the completion of the area of the Project located south of 6th Street, by the master developer and their merchant builders, while the City incorporates the street framework via the City's separate amendment to the Specific Plan (DRC2020-00164). The location of the text that will be deleted is Appendix A, Section 7.0, on pages A-32 and -36. 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 Specific Plan Amendment enables the construction of the overall project within Page 299 CITY COUNCIL ORDINANCE NO. XXX SPECIFIC PLAN AMENDMENT DRC2020-00254 - CITY OF RANCHO CUCAMONGA September 16, 2020 Page 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 :DRC201 5-001 1 5, 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 Specific Plan Amendment 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 Specific Plan Amendment 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 Specific Plan Amendment will prevent the inefficient use of resources, reduce the public cost of development, and encourage comprehensive planning. 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 DRC201 5-001 1 5. Pursuant to CECA 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 Specific Plan Amendment, that substantial changes to the project or the circumstances surrounding the Page 300 CITY COUNCIL ORDINANCE NO. XXX SPECIFIC PLAN AMENDMENT DRC2020-00254- CITY OF RANCHO CUCAMONGA September 16, 2020 Page 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 Specific Plan amendment is to delete text describing the details of the required temporary connection between 6` and 71 Streets that is no longer required. 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 Specific Plan amendment is to delete text describing the details of the required temporary connection between 61h and 71h Streets that is no longer required; 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 Specific Plan Amendment DRC2020- 00254 as shown in Attachment A.. 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. 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 16th day of September,2020. L. 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 September 2020,:and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 16th day of September 2020, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: Page 301 CITY COUNCIL ORDINANCE NO. XXX SPECIFIC PLAN AMENDMENT DRC2020-00254 - CITY OF RANCHO CUCAMONGA September 16, 2020 Page ABSTAIN: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Page 302 70 St�reeC Improvement Development of PAI will include street improvements to 4th Street and 6th Street, as well as the construction of the Vine and other Secondary roads. The street improvements will be constructed in three j3) phases. Phase 1 will include the following: • Reconstruction of 4th Street median to provide for left turn movements into the Vine and the construction of the new intersection at the Vine; • Construction of the Vine, full width, between 4th Street and 6th Street;and • Reconstruction of 6th Street median to allow for left turn movements into the Vine and the construction of the new intersection at the Vine Phase 2 will include the following- • Full width construction of the Vine between 6th Street and 7th Street East, and • Construction of 7th Street East and West, including the reconstruction of existing knuckle designs at 7th Street and Cleveland Avenue and 7th Street and Anaheim Place. It should be noted that additional right-of-way will be required from APN 0209-272-17 to extend 7th Street from Anaheim Place to the project boundary. Phase 3 will include the following: • Extension of the Vine northerly from 7th Street East to Planning Area N-3; and • The Secondary road along the frontage of Planning Area N-3 All Phases of the project should have connectivity to the Metrolink station in S-PECIFIC PLAN AMENDMENT order to fulfill the intent of the project. To ensure access to the station from i)RC2020-00254 Phase 1 (while either Phases 2 and 3 are being graded and/or under construction, or are dormant due to market conditions] the construction,of on access connection between 4th Street and the existing intersection of Anaheim TEXT TO BE DELETED----O-- Place and 7th Street near the Metrolink station, shall be completed prior to the 400th certificate of occupancy in Phase 1 to the satisfaction of the City This requirement may be satisfied north of 6th street with a temporary rood condition with the following minimum features 26-foot wide roadway with 3-inch AC over compacted native soil, asphalt curb and gutter, a 6.5-foot wide asphalt sidewalk on one side, temporary street lights (i e. non City or -32 Em ire Lakes p ATTACHMENa eA3 stondardj, and no landscaping in the alignment, all generally depicted on the Figure A-22: Conceptual Phase 2 Street Improvement Facilities Plan "Interim Access Connection." The access connection shall have chain link fencing on both sides to protect against trespassing and vandalism on the adjacent property. The City shall accept a temporary easement and be responsible for liability The Applicant shall SPECIFIC PLAN AMENDMENT be responsible for the ongoing operation and maintenance of the pavement and DRC2020-00254 street lights. The City, to the extent allowed by law, shall restrict vehicles over 3-tons along the temporary access. TEXT TO BE DELETED----* It is acknowledged by the City that the access connection may not be available during periods of construction of the permanent segments of the Vine and 7th Street, grading operations, and maintenance and repoir of the access connector. Applicant and City will coordinate traffic control functions to insure delays are minimized No additional alternative access facility will be required of Applicant during these down times. Traffic Control signs will direct traffic via detours to the next shortest available route off-site between Phase I (South of 6thj and the Rancho Cucamonga Metrolink Station 8.0 Dry UbItles PAI is within the service areas of the following utility purveyors: Electricity: Rancho Cucamonga Municipal Utility(RCMU)will be the primary electric service provider. Natural Gas: Southern California Gas Company Telephone Verizon Cable Television: Charter Communications Southern California Edison, Southern California Gas, Verizon, and Charter Communications have indicated that they have sufficient backbone facilities in place to provide for the phosed and ultimate utility service demands of the project Minor to moderate main line facility extensions will be required by the utility purveyors to ensure adequate service. Charter Communications has a duct bank system along the south side of East 6th Street that has capacity to serve the development. In addition, high-speed internet services may be available from RCMU. Empire Lakes Page 304 CITY COUNCIL September 16, 2020 DEVELOPMENT AGREEMENT AMENDMENT DRC202O-00124 and SPECIFIC PLAN AMENDMENT DRC202O-00254 CITY OF RANCHO CUCAMONGA -=1 .,._ --• ^ — - _ — - —BNSF#Metrolink-Rail Line _ C. a. Empire Lakes acia Street Specific Plan . 7#h S#ree# CU , .. #h S#r.ee# - ,- .,6th Stre41 et Oyu fi _ �• - _ Lakes b Empire p - _ Specific Plan ° MEAx �7rL 41 S#reef= ', --d .;_ 1. E pill BNSF#Metroiink.-Rail Line-_ ' - J4.• _=_- Merrolink Son Bernardino-willinisliniininiiiiinsioll"llp..,;�. IIIId Packet Park e Metrolink ' 'r Rancho i = Cucamonga E. _ — - N-2 C MI 'UN `r Srarion � r. ..1i � 147 ` I— H6ELLw4 M z �+- O -11 k - = w N11 � MU io CL _-,o _ O 4eurwcNic }a Y ' s.awwc ~ Ent— , ■� �icacia Street h�S - treat } REC r r 7th Street r* %ppu+c J r k N•9 YN — 1 North ' Urban Plaza th Str.eet athstreet 6th Street 3 7 s as REC. _ r.Ytil s.,a 111'r South a # — = HJill � . LI VN e � YN r, �'' yi■p I. na : � "' % ■{'1 YN - PimerUpe Legend �• MTmnEJt M . _ '•.' , x 'F — �\ L _Urban Nelg b6 hood RUN) ,.r — S4 �' axe Lning[eL5 vlllogeNeghbor,aod(VN)�Reamatlon(REC4 =MU crerloy 4t eel- 4th-Stre �, M. •`" Aeh Street � et= UZ Project Description Development Agreement Amendment An amendment to an existing Development Agreement between the City and SC Rancho Development Corp. / Empire Lakes Holding Company, LLC, that applies to The Resort (formerly referred to as the Empire Lakes Project) Planning Area 1 , to revise some of the existing terms of the Agreement Development Agreement - Amended Terms Amendment #1 — Joint Use Public Facility (revision): Replaces the construction schedule described in the original Agreement for the construction of the facility; Amendment #2 — Interim Access Condition (addition): Generally states that the City agrees to process an amendment to the Specific Plan to delete the "Interim Access Condition" requiring the construction of an access road between 6th Street and 7th Street; --d .;_ E pill BNSF#Metrolink.-Rail Line-_ ' - J4.• _=_- McGrolink Son Bernardino-willinisliniininiiiiinsioll"llp..,;�. IIIId Packet Park e Metrolink ' 'r Rancho i = Cucamonga E. _ — - N-2 C Mi 'UN `r Srarion r. ..1i � 147 O y,� -11 k - = w N-11 � Mu i ,:o _ O -}a Y ' s.awwc ~ h , ■� ldiCaCia Street � &t�, 7th�Street •■ } REED 71h Street •' I_ _ N- — r j N T N C5I _ North th Str.eet athUrban rretPlaza 6th Street e 3 7 s as Rec. 3 1.: _ _r.vwl 5-,a hiEC. ,6n.,c � Uth -a - .. # — '-f = Ham. 1 . Pocke 15 _!° '�"*;"u • Park YN �VN �� _ }I�■��ryi�' }v,u air � � - k �� — 'r,a■■rr ■■L,I �h inCFL .. ... . r VNI _ �'' yi■p I. J�,i'',� %�■�a vw RloceGype Legend �• MTrandt M _Urban Nelg�6orhoad RUNT W- II ..� Y v ..• CYi+a Ay; :axe LNing[eL5 *i l i S 14 VI Iloge Neghborl aad N N) x }ET r}I ` — Mu FFM!F7eereaGlon{REC4 a w�oowt =Mu crerloy 4t et--- 4th-Street= �, M. •~ Aeh Bftrret � 1;M- w 1` WE ■ i L - IS ,-{i Development Agreement - Amended Terms Amendment #3 — Street Framework (addition): States that if the City approves a separate amendment to the Specific Plan relating to a conceptual street prepared by the City, then subsequent project approvals will be deemed to incorporate that amendment to the Specific Plan ; and Amendment #4 — Termination of Restrictive Covenant (termination): States that if the City approves a Specific Plan Amendment to delete the "Interim Access Condition", then the property owner will terminate the "Restrictive Covenant". r m Framework Plan Metrolink Station Street Types Overlaid on TGP+STP Plan 29AC 31AC N-3 2.2 AC N-0 � Vine A :6AC 5 AC Vine B and 7th Street - 3.2 A Neighborhood Street Cycle Track Street - " ' " ' OMEN N33 N-30 , III, 7 Street0.9 AC I.B AC. ' � Sloping Cycle Track Street cn _ Pedestrian lane 90 Lrvewoks Uni[s+ 4l,v k, 13 Street with WD Easement Greenway N15 Frontage Road M 30 AC 8 N-17 2 L C 1.8 AC • Project Description Empire Lakes Specific Plan Amendment A proposed amendment to the Specific Plan , that applies to The Resort (formerly referred to as the Empire Lakes Project) in Planning Area 1 , to delete text from the Specific Plan relating to a street connection between 6t" and 7t" Streets. Environmental Assessment Pursuant to the California Environmental Quality Act ("CEQA"), the City certified an Environmental Impact Report (EIR) 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. 00, I JM16 Environmental Assessment No subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project: 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 Environmental Assessment 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. Public Notification • Newspaper advertising ; • Mailed notices to owners of property located within 660 feet of the project site • No comments/correspondence was received by the City Conclusion The Planning Commission reviewed the proposed amendments at a public hearing on August 12, 2020; The Commission adopted a Resolution recommending approval of these amendments to the City Council ; Staff and the Planning Commission recommend that the City Council adopt the attached Ordinances approving: - Development Agreement Amendment DRC2020-00124 - Specific Plan Amendment DRC2020-00254 Olt, i I DATE: September 16, 2020 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Linda A. Troyan, MMC, City Clerk Services Director Patricia Bravo-Valdez, CMC, Deputy City Clerk Services Director SUBJECT: Consideration of Biennal Review of Conflict of Interest Code and a Resolution Adopting By Reference the Standard Conflict of Interest Provisions of California Code of Regulations Title 2, Section 18730 and Approving an Amended Conflict of Interest Code, Appendix I and 11, to Account for the Addition, Deletion and Modification of Positions Listed as "Designated Positions" and Including Disclosure Categories for Designated Consultants. — CITY (RESOLUTION NO. 2020-099) RECOMMENDATION: Staff recommends that the City Council adopt a Resolution approving an amended Conflict of Interest Code, Appendix I and 11, to account for the addition, deletion, and modification of positions listed as "designated positions" and including disclosure categories for designated consultants. BACKGROUND: Under the Political Reform Act, all public agencies are required to adopt a Conflict of Interest Code that identifies all officials and employees within the agency who make governmental decisions or participate in making decisions based on the positions they hold. The individuals in the designed positions must disclose their financial interests in investments, interests in real property, sources of income and business positions that may affect in their decision-making on a form called Statement of Economic Interests (Form 700). The Three Components of a Conflict of Interest Code are: EXHIBIT "A" — INCORPORATION SECTION (TERMS OF THE CODE) This section designates where the Form 700s are filed and retained (i.e., the agency or the FPPC). This section also must reference Regulation 18730, which provides the rules for disqualification procedures, reporting financial interests, and references the current gift limit. The FPPC periodically amends the regulation to include legislative and regulatory changes that affect the code's main body; by referencing the regulation, the body of an agency's code stays automatically in compliance with the Political Reform Act. APPENDIX "I" — LIST OF DESIGNATED POSITIONS The code must list all agency positions that involve the making or participation in making of decisions that ,'may foreseeably have a material effect on any financial interest." This covers agency members, officers and employees, and it may include volunteers on a committee if the members make or participate in making government decisions. Page 305 APPENDIX "II" — DETAILED DISCLOSURE CATEGORIES A disclosure category is a description of the types of financial interests officials in one or more job classifications must disclose on their Form 700s. The categories must be tailored to the financial interests affected, and must not require public officials to disclose private financial information that does not relate to their public employment. ANALYSIS: To ensure the code remains current and accurate, cities are required to review their Conflict of Interest Code in even-numbered years. The City of Rancho Cucamonga previously adopted Regulation 18730 (referred to as the model or standard code by the Fair Political Practices Commission) by reference and, as such, the terms of the code (Exhibit A to the Resolution) is up to date. It is essential and legally required that an agency's Conflict of Interest Code reflect the current structure of the agency and properly identifies all officials and employees who should be filing a Statement of Economic Interests, Form 700. Due to various changes in job classifications titles, job responsibilities and the deletion and addition of positions in several departments, it is necessary to amend the code to reflect these revisions in the list of designated positions, (Appendix /). It has also been recommended by the City Attorney to include Public Art Committee and Community Parks and Landscape Citizens' Oversight Committee members in the list of designated positions. Appendix II has been updated to include disclosure requirements for designated consultants. Public notification was achieved by posting of the agenda and public hearing notice, publication of the hearing notice in the newspaper and notification to the proposed designated positions. Staff has reviewed the current list of filers with the City Attorney and proposes the additions to the list of filers who must disclose under specific types of categories described in the Form 700. FISCAL IMPACT: None. COUNCIL MISSION /VISION / GOAL(S) ADDRESSED: The Conflict of Interest Code update helps advance and ensure adherence to State reporting requirements by City employees therefore promoting public trust and ethical behavior. ATTACHMENTS: Attachment- 1. City Council Resolution No. 2020-099 Exhibit "A"—Terms of the Code Appendix "I" — List of Designated Positions Appendix "ll" — Detailed Disclosure Categories Page 2 Page 306 RESOLUTION NO. 2020-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING, AFFIRMING, AND INCORPORATING BY REFERENCE THE STANDARD CONFLICT OF INTEREST PROVISIONS OF CALIFORNIA CODE OF REGULATIONS TITLE 2, SECTION 18730 AND AMENDING APPENDIX I AND II, TO ACCOUNT FOR THE ADDITION, DELETION AND MODIFICATION OF POSITIONS LISTED AS "DESIGNATED POSITIONS" AND INCLUDING DISCLOSURE CATEGORIES FOR DESIGNATED CONSULTANTS, TO THE CONFLICT OF INTEREST CODE OF THE CITY OF RANCHO CUCAMONGA WHEREAS, pursuant to the requirements of the California Political Reform Act (the "Act"), Section 81000 of the California Government Code, all local governmental agencies must adopt Conflict of Interest Codes applicable to every officer, employee, member or consultant of the agency whose position entails the making or participating in the making of decisions that may foreseeably have a material financial effect on any financial interest, and which code requires such designated employees to disclose and disqualify themselves from making, participating in, or attempting to influence such decisions; and WHEREAS, the City has previously adopted the terms of California Code of Regulations Title 2, Section 18730, the Conflict of Interest Code terms promulgated by the Fair Political Practices Commission ("FPPC") by City of Rancho Cucamonga Resolution No. 18-113; and WHEREAS,the City Council of the City of Rancho Cucamonga, as the Code Reviewing body under the Act, adopts, affirms and incorporates by reference the standard Conflict of Interest Code set forth in California Code of Regulations Title 2, Section 18730 and any amendments to it duly adopted by the FPPC; and WHEREAS, the standard Conflict of Interest Code set forth in California Code of Regulations Title 2, Section 18730 and any amendments to it duly adopted by the FPPC, along with Appendix "I", amending the list of designated officials and including establishment of certain positions, and Appendix "II" setting forth amended disclosure categories, does constitute the Conflict of Interest Code of the City of Rancho Cucamonga; and WHEREAS, subsequent changed circumstances within the City have made it advisable and necessary pursuant to Section 87306 and 87307 of the Act to amend and update the City's Conflict of Interest Code; and WHEREAS, notice of the time and place of a public meeting on, and consideration by the City Council of, the proposed amended Conflict of Interest Code was provided to each designated position; and WHEREAS, a public meeting was held upon the proposed amended Conflict of Interest Code at a regular meeting of the City Council on September 16, 2020, at which all present were given an opportunity to be heard on the proposed amended Conflict of Interest Code; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: 1. The standard Conflict of Interest Code set forth in California Code of Regulations Title 2, Section 18730 and any amendments to it duly adopted by the FPPC is hereby incorporated by reference. Resolution No. 2020-XXX Page 307 2. The amended list of designated positions subject to the requirements of the Conflict of Interest Code are set forth in Appendix I and the disclosure categories are set forth in Appendix 11. 3. The standard Conflict of Interest Code set forth in California Code of Regulations Title 2, Section 18730 and any amendments to it duly adopted by the FPPC and the Appendices I and 11 constitute the Conflict of Interest Code for the City of Rancho Cucamonga. 4. The City Council of the City of Rancho Cucamonga does hereby adopt the attached Conflict of Interest Code (Exhibit A) and it's amended Appendix I and 11. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Rancho Cucamonga at its regular meeting held on the 1611 day of September 2020. L. Dennis Michael, Mayor ATTEST: Janice C. Reynolds, City Clerk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 161h day of September 2020. Executed this 16th day of September 2020, at Rancho Cucamonga, California. ATTEST: Janice C. Reynolds, City Clerk Resolution No. 2020-XXX Page 308 EXHIBIT "A" CITY OF RANCHO CUCAMONGA CONFLICT OF INTEREST CODE The Political Reform Act (Government Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a Regulation (California Code of Regulations, Title 2, Section 18730) that contains the terms of a standard conflict of interest code, which can be incorporated by reference in an agency's code. After public notice and hearing, the standard code may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of California Code of Regulations, Title 2, Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendices, designating positions and establishing disclosure categories, shall constitute the Conflict of Interest Code of the City of Rancho Cucamonga. Individuals holding designated positions shall file their statements of economic interests with the City Clerk of the City of Rancho Cucamonga, which will make the statements available for public inspection and reproduction (Gov. Code Sec. 81008). All statements will be retained by the City Clerk. Resolution No. 2020-XXX Page 309 APPENDIX "I" DESIGNATED POSITIONS Disclosure Designated Position Categories AGGGURtiRg ManageF 2, 5, 1� 12 e Animal Care and Services Director 2, 3, 4, 5 Animal Center Manager 2, 3, 4, 5 Assistant GityE�+Reer 2, 5, 6, 7 Assistant City Manager 2, 3, 4, 5 nssistaRt Library DiFeGt9r 2> ,1 5> 5, 16 Assistant Planner 2, 5, 6, 7 Assistant to the City Manager 2, 3, 4, 5 Associate Planner 2, 5, 6, 7 Building and Safety Services Director 2, 5, 6, 7 Building and Safety Manager 2, 5, 6, 7 Building Inspection Supervisor 2, 5, 6, 7 City Attorney* 1 City Clerk Services Director 2, 3, 4, 5 City Council Member* 1 City Manager* 1 City Planner 2, 5, 6, 7 City Treasurer* 1 CIO/Director of Department of Innovation and Technology 2, 5, 13, 14 Community Affairs Manager 2, 5, 8, 9 Community Affairs Officer 2, 5, 8, 9 Corn my niCa Tag tions Man5, 8, 9 rrageF 7, � CvOMMUnications & nA rketiRg-Qff;cer 2 5v9 Community Affairs Senior Coordinator 2, 5, 8, 9 Community Improvement Manager 2, 5, 6, 7 Community Improvement Supervisor 2, 5, 6, 7 Community Parks and Landscape Citizens' Oversight Committee Member 2, 3, 4, 5 Cultural Center Manager 2, 5, 8, 9 Fund Development Coordinator 2, 5, 8, 9, 15, 16 Community Services Director 2, 5, 8, 9 Community Services Manager 2, 5, 8, 9 Community Services Superintendent 2, 5, 8, 9 Consultant 10 Consultant: Special Counsel 10 Cultural , �� Deputy City Manager/Administrative Services 2, 3, 4, 5 Deputy City Manager/Civic & Cultural Services 2, 3, 4, 5 Deputy City Manager/Economic & Community Development Services 2, 3, 4, 5 Deputy Director of Department of Innovation and Technology 2, 3, 4, 5 Deputy Director of City Clerk Services 2, 3, 4, 5 Deputy Director of Community Services 2, 5, 8, 9 Deputy Director of Engineering Services/Assistant City Engineer 2, 5, 6, 7 Deputy Director of Engineering Services/Utilities and Environmental 2, 5, 6, 7 Deputy Director of Human Resources 2, 5, 13, 14 Deputy Director of Innovation and Technology 2, 5, 13, 14 Deputy Director of Library Services 2, 5, 15, 16 Deputy Director of Public Works Services 2, 5, 17, 18 Resolution No. 2020-XXX Page 310 APPENDIX "I" CONTINUED DESIGNATED POSITIONS Disclosure Designated Position Categories Engineering Services Director/City Engineer 2, 5, 6, 7 Environmental Program Manager 2, 5, 6, 7 Facilities Superintendent 2, 5, 17, 18 Finance Director 2, 5, 11, 12 Finance Manager 2, 5, 11, 12 GIS Supervisor 2, 5, 13, 14 Historic Preservation Commissioner 2, 5, 6, 7 Human Resources Director 2, 5, 13, 14 H ummaR e.SGUFGes Manager 2> 5,13-> e1-4 Library Board of Trustees Member 2, 5, 15, 16 Library Director 2, 5, 15, 16 Library Services Manager 2, 5, 15, 16 Management Analyst III 2, 3, 4, 5, Park and Recreation Commissioner 2, 5, 8, 9 Parks/Landscape Maintenance Superintendent 2, 5, 17, 18 Planning Commissioner 1 Planning Director 2, 5, 6, 7 Planning Manager 2, 5, 6, 7 Principal Accountant 2, 5, 11, 12 Principal Engineer 2, 5, 6, 7 Principal Librarian 2, 5, 15, 16 Principal Management Analyst 2, 3, 4, 5 Principal Planner 2, 5, 6, 7 Procurement and Contracts Analyst 2, 5, 13, 14 Procurement Manager 2, 5, 13, 14 Public Art Committee Member 2, 3, 4, 5 Public Works Services Director 2, 5, 17, 18 Revenue Manager 2, 5, 11, 12 Risk Management Coordinator 2, 5, 13, 14 Senior Information Services Analyst 2, 5, 13, 14 Senior Civil Engineer 2, 5, 6, 7 Senior Park Planner- Community Services Department 2, 5, 8, 9 Senior Planner 2, 5, 6, 7 Senior Risk Management Analyst 2, 5, 13, 14 Street/Storm Drain Maintenance Superintendent 2, 5, 17, 18 Traffic Engineer 2, 5, 6, 7 Utility Division Manager 7 5�r e e e Utility Operations Manager 2, 5, 6, 7 *California Government Code 87200 Code Filers Resolution No. 2020-XXX Page 311 APPENDIX "II" DISCLOSURE CATEGORIES 1. Disclosure is required on FPPC Form 700 pursuant to Government Code Section 87200. No additional disclosure is required by this Conflict of Interest Code. 2. Reportable interest in Real Property in the jurisdiction. (FPPC Form 700, Schedule B). 3. Reportable Income, Loans and Business Positions (income other than gifts and travel payments). (FPPC Form 700, Schedule C). 4. Reportable Investments. (FPPC Form 700, Schedule A-1 and A2). 5. Reportable Income — Gifts — Travel Payments. (FPPC Form 700, Schedule D and E). 6. Reportable income, loans and business positions from persons and business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, services within the jurisdiction subject to the inspection, review or approval of the Planning, Building & Safety, and Engineering Departments. (FPPC Form 700, Schedule C). 7. Reportable investments in any business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, services within the jurisdiction subject to the inspection, approval or review of the Planning, Building & Safety, and Engineering Departments. (FPPC From 700, Schedules A-1 and A-2). 8. Reportable income, loans and business positions from persons and business entities from which the City purchases, plans to purchase, or has purchased within two years prior to the time a statement is required under this conflict of interest code, supplies, materials, or services subject to the direction, supervision or control of the Community Services Department. (FPPC Form 700, Schedule C). 9. Reportable investments in business entities from which the City purchases, plans to purchase, or has purchased within two years prior to the time a statement is required under this conflict of interest code, supplies, materials, or services subject to the direction, supervision or control of the Community Services Department (FPPC Form 700, Schedules A-1 and A-2). Resolution No. 2020-XXX Page 312 10. Designated Consultants' Disclosure Requirements Consultants who make (not just All reportable interests in real recommend) governmental property in the jurisdiction; decisions, such as whether to reportable income and business approve a rate, rule, or regulation, positions; reportable investments; whether to issue, deny, suspend, or and reportable gifts, unless the revoke any permit, license, City Manager determines in application, certificate or similar writing that a particular consultant authorization, adopt or grant City is hired to perform a range of approval to a plan, design, report, duties that is limited in scope and study, or adopt or grant City thus is not required to fully comply approval of policies, standards, or with the disclosure requirements guidelines for the City or any described in the section.2 subdivision thereof. Consultants who serve in a Disclosure required at the same staff capacity with the City, and level as a comparable designated in that capacity participate in position in the same or similar making a governmental decision City Department identified by providing information, an elsewhere in this Code. opinion, or a recommendation for the purpose of affecting the decision without significant intervening substantive review. Consultants who perform the Disclosure required at the same same or substantially all the level as the comparable same duties for the City that designated position identified would otherwise be performed by elsewhere in this Code. an individual holding a designated position in the City's Conflict of Interest Code. Not all outside contractors meet the consultant definition in FPPC Regulation 18700.3, as described above. Form 805, Agency Report of Consultants, will be used by the Department Director to determine disclosure requirements. When the consultant is a corporation or partnership, only individuals who fit into one of the three categories of"Designated Consultants" must file disclosure statements. 2 If the City Manager determines in writing that a particular consultant is not required to fully comply with the requisite disclosure requirements, then such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. Resolution No. 18-XXX Page 313 11. Reportable income, loans and business positions from any financial institution in which the City deposits funds, plans to deposit funds, or has deposited funds within two years prior to the time any statement is required under this conflict of interest code. (FPPC Form 700, Schedule C) 12. Reportable investments in any financial institution in which the City deposits funds, plans to deposit funds, or has deposited funds within two years prior to the time any statement is required under this conflict of interest code (FPPC Form 700, Schedules A-1 and A-2) 13. Reportable income, loans and business positions from persons and business entities from which the City purchases, plans to purchase, or has purchased within two years prior to the time a statement is required under this conflict of interest code, supplies, materials, or services subject to the direction, supervision or control of the Administrative Services Group of departments. (FPPC Form 700, Schedule C) 14. Reportable investments in business entities from which the City purchases, plans to purchase, or has purchased within two years prior to the time a statement is required under this conflict of interest code, supplies, materials, or services subject to the direction, supervision or control of the Administrative Services Group of departments. (FPPC Form 700, Schedules A-1 and A-2) 15. Reportable income, loans and business positions from persons and business entities from which the Library purchases, plans to purchase, or has purchased within two years prior to the time a statement is required under this conflict of interest code, supplies, materials, or services subject to the direction, supervision or control of the Library. (FPPC Form 700, Schedule C) 16. Reportable investments in business entities from which the Library purchases, plans to purchase, or has purchases within two years prior to the time a statement is required under this conflict of interest code, supplies, materials, or services subject to the direction, supervision or control of the Library. (FPPC Form 700, Schedules A-1 and A-2) 17. Reportable income, loans and business positions from persons and business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, services within the jurisdiction subject to the inspection, review or approval of the Public Works Services Department. (FPPC Form 700, Schedule C) 18. Reportable investments in any business entities having an interest in real property in the jurisdiction or that provide, plan to provide, or have provided within two years prior to the time a statement is required under this conflict of interest code, services within the jurisdiction subject to the inspection, approval or review of the Public Works Services Department. (FPPC Form 700, Schedules A-1 and A-2) Resolution No. 2020-XXX Page 314 DATE: September 16, 2020 TO: President and Members of the Board of Directors FROM: John R. Gillison, City Manager INITIATED BY: Linda A. Troyan, MMC, City Clerk Services Director Patricia Bravo-Valdez, CMC, Deputy City Clerk Services Director SUBJECT: Consideration of Biennial Review of Conflict of Interest Code and a Resolution Adopting By Reference the Standard Conflict of Interest Provisions of California Code of Regulations Title 2, Section 18730 and Approving an Amended Conflict of Interest Code, Appendix I and 11, to Account for the Addition of a Position listed under"Designated Positions"and Including Disclosure Categories for Designated Consultants. — FIRE (RESOLUTION NO. FD 2020-018) RECOMMENDATION: Staff recommends that the Rancho Cucamonga Fire Protection District adopt a Resolution approving an amended Conflict of Interest Code, Appendix I and 11, to account for the addition of a position, "Revenue Manager" listed as "designated positions" and including disclosure categories for designated consultants. BACKGROUND: Under the Political Reform Act, all public agencies are required to adopt a Conflict of Interest Code that identifies all officials and employees within the agency who make governmental decisions or participate in making decisions based on the positions they hold. The individuals in the designed positions must disclose their financial interests in investments, interests in real property, sources of income and business positions that may affect in their decision-making on a form called Statement of Economic Interests (Form 700). The Three Components of a Conflict of Interest Code are: EXHIBIT "A" — INCORPORATION SECTION (TERMS OF THE CODE) This section designates where the Form 700s are filed and retained (i.e., the agency or the FPPC). This section also must reference Regulation 18730, which provides the rules for disqualification procedures, reporting financial interests, and references the current gift limit. The FPPC periodically amends the regulation to include legislative and regulatory changes that affect the code's main body; by referencing the regulation, the body of an agency's code stays automatically in compliance with the Political Reform Act. APPENDIX "I" — LIST OF DESIGNATED POSITIONS The code must list all agency positions that involve the making or participation in making of decisions that ,'may foreseeably have a material effect on any financial interest." This covers agency members, officers and employees, and it may include volunteers on a committee if the members make or participate in making government decisions. Page 315 APPENDIX "II" — DETAILED DISCLOSURE CATEGORIES A disclosure category is a description of the types of financial interests officials in one or more job classifications must disclose on their Form 700s. The categories must be tailored to the financial interests affected, and must not require public officials to disclose private financial information that does not relate to their public employment. ANALYSIS: To ensure the code remains current and accurate, agencies are required to review their Conflict of Interest Code in even-numbered years. The Fire Protection District Board previously adopted Regulation 18730 (referred to as the model or standard code by the Fair Political Practices Commission) by reference and, as such, the terms of the code (Exhibit A to the Resolution) is up to date. It is essential and legally required that an agency's Conflict of Interest Code reflect the current structure of the agency and properly identifies all officials and employees who should be filing a Statement of Economic Interests, Form 700. The District has reviewed its Conflict of Interest Code and it has determined that it is necessary to amend the Code, to include the position of Business Manager, (Appendix 1) "Designated Positions". Appendix II has been updated to include disclosure requirements for designated consultants. Public notification was achieved by posting of the agenda and public hearing notice, publication of the hearing notice in the newspaper and notification to the proposed designated position. Staff has reviewed the current list of filers with the City Attorney and proposes the additions to the list of filers who must disclose under specific types of categories described in the Form 700. FISCAL IMPACT: None. COUNCIL GOAL(S) ADDRESSED: The Conflict of Interest Code update helps advance and ensure adherence to State reporting requirements by Fire District employees therefore promoting public trust and ethical behavior. ATTACHMENTS: Attachment- 1. Fire District Resolution No. FD 2020-018 Exhibit "A"—Terms of the Code Appendix "I" — List of Designated Positions Appendix "ll" — Detailed Disclosure Categories Page 2 Page 316 RESOLUTION NO. FD2020-XXX A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ADOPTING, AFFIRMING, AND INCORPORATING BY REFERENCE THE STANDARD CONFLICT OF INTEREST PROVISIONS OF CALIFORNIA CODE OF REGULATIONS TITLE 2, SECTION 18730 AND AMENDING APPENDIX I AND II, TO ACCOUNT FOR THE ADDITION OF A POSITION LISTED UNDER "DESIGNATED POSITIONS" AND INCLUDING DISCLOSURE CATEGORIES FOR DESIGNATED CONSULTANTS, TO THE CONFLICT OF INTEREST CODE OF THE FIRE PROTECTION DISTRICT WHEREAS, pursuant to the requirements of the California Political Reform Act (the "Act"), Section 81000 of the California Government Code, governmental agencies must adopt Conflict of Interest Codes applicable to every officer, employee, member or consultant of the agency whose position entails the making or participating in the making of decisions that may foreseeably have a material financial effect on any financial interest, and which code requires such designated employees to disclose and disqualify themselves from making, participating in, or attempting to influence such decisions; and WHEREAS, the Fire Protection District has previously adopted the terms of California Code of Regulations Title 2, Section 18730, the Conflict of Interest Code terms promulgated by the Fair Political Practices Commission ("FPPC") by Fire District Resolution No. FD 16-032; and WHEREAS, the Fire Protection District of the City of Rancho Cucamonga, as the Code Reviewing body under the Act, adopts, affirms and incorporates by reference the standard Conflict of Interest Code set forth in California Code of Regulations Title 2, Section 18730 and any amendments to it duly adopted by the FPPC; and WHEREAS, the standard Conflict of Interest Code set forth in California Code of Regulations Title 2, Section 18730 and any amendments to it duly adopted by the FPPC, along with Appendix "I", and Appendix "II" setting forth amended disclosure categories, does constitute the Conflict of Interest Code for the Fire Protection District; and WHEREAS, subsequent changed circumstances have made it advisable and necessary pursuant to Section 87306 and 87307 of the Act to amend and update the Fire Protection District's Conflict of Interest Code; and WHEREAS, notice of the time and place of a public meeting on, and consideration by the City Council of, the proposed amended Conflict of Interest Code was provided to each designated position; WHEREAS, a public meeting was held upon the proposed amended Conflict of Interest Code at a regular meeting of the Fire Protection District on September 16, 2020, at which all present were given an opportunity to be heard on the proposed amended Conflict of Interest Code; NOW, THEREFORE, BE IT RESOLVED by the Fire Protection District of the City of Rancho Cucamonga, California, as follows: Resolution No. FD2020-XXX Page 1 of 6 Page 317 1. The standard Conflict of Interest Code set forth in California Code of Regulations Title 2, Section 18730 and any amendments to it duly adopted by the FPPC is hereby incorporated by reference. 2. The list of designated positions subject to the requirements of the Conflict of Interest Code are set forth in Appendix I and the disclosure categories are set forth in Appendix II. 3. The standard Conflict of Interest Code set forth in California Code of Regulations Title 2, Section 18730 and any amendments to it duly adopted by the FPPC and the Appendices I and II constitute the Conflict of Interest Code for the Fire Protection District. 4. The Fire Protection District does hereby adopt the attached Conflict of Interest Code (Exhibit A) and it's amended Appendix I and II. PASSED, APPROVED, AND ADOPTED by the Fire Protection District of the City of Rancho Cucamonga at its regular meeting held on the 16th day of September 2020. L. Dennis Michael, President ATTEST: Janice C. Reynolds, Secretary I, JANICE C. REYNOLDS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a Regular Meeting of said Board held on the 16th day of September 2020. Executed this 16th day of September 2020, at Rancho Cucamonga, California. Janice C. Reynolds, Secretary Resolution No. FD2020-XXX Page 2 of 6 Page 318 EXHIBIT "A" RANCHO CUCAMONGA FIRE PROTECTION DISTRICT CONFLICT OF INTEREST CODE The Political Reform Act (Government Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a Regulation (California Code of Regulations, Title 2, Section 18730) that contains the terms of a standard conflict of interest code, which can be incorporated by reference in an agency's code. After public notice and hearing, the standard code may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of California Code of Regulations, Title 2, Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendices, designating positions and establishing disclosure categories, shall constitute the Conflict of Interest Code of the Rancho Cucamonga Fire Protection District. Individuals holding designated positions shall file their statements of economic interests with the Secretary of the Rancho Cucamonga Fire Protection District, which will make the statements available for public inspection and reproduction (Gov. Code Sec. 81008). All statements will be retained by the Secretary. Resolution No. FD2020-XXX Page 3of6 Page 319 APPENDIX "I" DESIGNATED POSITIONS Disclosure Designated Position Categories Board of Directors ......................................................................... 1, 2, 3, 4 Battalion Chief ................................................................................ 1, 2, 3, 4 Business Manager...............................................................1, 2, 3, 4 DeputyChief ................................................................................... 1, 2, 3, 4 FireChief ........................................................................................ 1, 2, 3, 4 FireMarshal .................................................................................... 1, 2, 3, 4 Consultants ..................................................................................... 5 *Note - The Board of Directors may file a copy of the Disclosure Statement required of them as Members of the City Council, signed and verified as if it were an original, in lieu of filing a statement hereunder. (2 California Code of Regulations, Section 18730). Resolution No. FD2020-XXX Page 4 of 6 Page 320 APPENDIX "II" DISCLOSURE CATEGORIES 1. Reportable interests in real property in the jurisdiction. (Form 700, Schedule B) 2. Reportable investments in business and entities that provide, plan to provide or have provided within two years from the time a statement is required under this conflict of interest code, services, supplies, materials or equipment of the type utilized by the Rancho Cucamonga Fire Protection District. (Form 700, Schedules A-1 and A-2) 3. Reportable income from persons or business entities, and reportable business positions in business entities, that provide, plan to provide or have provided within two years from the time a statement is required under this conflict of interest code, services, supplies, materials or equipment of the type utilized by the Rancho Cucamonga Fire Protection District. (Form 700, Schedules C) 4. Reportable gifts and travel gifts. (Form 700, Schedules D and E) Resolution No. FD2020-XXX Page 5 of 6 Page 321 5. Designated Consultants' Disclosure Requirements Consultants who make (not just All reportable interests in real recommend) governmental property in the jurisdiction; decisions, such as whether to reportable income and business approve a rate, rule, or regulation, positions; reportable investments; whether to issue, deny, suspend, or and reportable gifts, unless the revoke any permit, license, City Manager determines in application, certificate or similar writing that a particular consultant authorization, adopt or grant City is hired to perform a range of approval to a plan, design, report, duties that is limited in scope and study, or adopt or grant City thus is not required to fully comply approval of policies, standards, or with the disclosure requirements guidelines for the City or any described in the section.2 subdivision thereof. Consultants who serve in a Disclosure required at the same staff capacity with the City, and level as a comparable designated in that capacity participate in position in the same or similar making a governmental decision City Department identified by providing information, an elsewhere in this Code. opinion, or a recommendation for the purpose of affecting the decision without significant intervening substantive review. Consultants who perform the Disclosure required at the same same or substantially all the level as the comparable same duties for the City that designated position identified would otherwise be performed by elsewhere in this Code. an individual holding a designated position in the City's Conflict of Interest Code. Not all outside contractors meet the consultant definition in FPPC Regulation 18700.3, as described above. Form 805, Agency Report of Consultants, will be used by the Department Director to determine disclosure requirements. When the consultant is a corporation or partnership, only individuals who fit into one of the three categories of"Designated Consultants" must file disclosure statements. 2 If the City Manager determines in writing that a particular consultant is not required to fully comply with the requisite disclosure requirements, then such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. Resolution No. FD2020-XXX Page 6 of 6 Page 322