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Home My WebLink About2021/11/03 - Regular Meeting Agenda PacketMayor L. Dennis Michael Mayor Pro Tem Lynne B. Kennedy Members of the City Council: Ryan A. Hutchison Kristine D. Scott Sam Spagnolo CITY OF RANCHO CUCAMONGA REGULAR MEETING AGENDA November 3, 2021 10500 Civic Center Drive Rancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCIL HOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLIC FINANCE AUTHORITY CLOSED SESSION TRICOMMUNITIES 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 9097742023. Live Broadcast available on Channel 3 (RCTV 3). CLOSED SESSION – 4:30 P.M. TRICOMMUNITIES ROOM ROLL CALL: Mayor Michael Mayor Pro Tem 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 LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) SOUTHWEST VOTER REGISTRATION EDUCATION PROJECT AND LOUISA OLLAGUE V. CITY OF RANCHO CUCAMONGA; SAN BERNARDINO SUPERIOR COURT CASE NO. CIVRS 1603632. (CITY) D2.CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION (RCCEA), TEAMSTERS LOCAL 1932, RANCHO CUCAMONGA MANAGEMENT ASSOCIATION, EXECUTIVE MANAGEMENT GROUP, RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274, FIRE SUPPORT SERVICES AND FIRE MANAGEMENT EMPLOYEES GROUP – (CITY/FIRE) D3.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8783 ETIWANDA AVENUE/12949 WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916214; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KULAR TRUCK LINE, INC., OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – CITY D4.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8996 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022928379; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BTC III RANCHO CUCAMONGA LOGISTICS CENTER LP, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. CITY D5.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8939 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022929155; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BCORE IE WEST OWNER LLC, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – CITY D6.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8949 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916222; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – CITY D7.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD IDENTIFIED AS PARCEL NUMBERS 1090331030000, 1090331040000, 1089581040000; 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) D8.CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9: 1 CASE – CITY E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the Council Chambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California. REGULAR MEETING – 7:00 P.M. COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE ROLL CALL:Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison, Scott, and Spagnolo A. AMENDMENTS TO THE AGENDA B. ANNOUNCEMENT / PRESENTATIONS B1.Presentation of a Certificate of Sympathy in Memory of Lauren Wasserman, Former City Manager. B2.Rancho Cucamonga's Ranking for Best Cities Where Hispanic/Latinos Fare Best Economically. C. PUBLIC COMMUNICATIONS Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority. This is the time and place for the general public to address the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council from addressing any issue not previously included on the Agenda. The Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon without discussion unless an item is removed by Council Member for discussion. Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar. D. CONSENT CALENDAR D1.Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of $1,794,410.59 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $2,772,751.27 Dated October 11, 2021 Through October 24, 2021. (CITY/FIRE) D2.Consideration to Approve City Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $2009.03 Dated October 11, 2021 Through October 24, 2021. (CITY) D3.Consideration to Adopt a Resolution Approving Side Letter Agreements Between the Rancho Cucamonga Fire Protection District and Fire District Bargaining Units. (RESOLUTION NO. FD 2021032) (FIRE) D4.Consideration to Accept Public Improvements Located South of Wilson Avenue on the East Side of Winchester Court, Related to Case No. SUBTT18391, as Complete, File the Notice of Completion, and Authorize Release of Bonds. (CITY) D5.Consideration to Accept Public Improvements on the North Side of Church Street East of Archibald Avenue per the Improvement Agreement, Related to Case No. SUBTT17433, as Complete, File the Notice of Completion, and Authorize Release of Bonds. (CITY) D6.Consideration of an Appropriation in the Amount of $20,010 from the Municipal Utility Fund for the Haven Avenue Cable Bring Up Project. (CITY) D7.Consideration of Amendment No. 3 to the Professional Services Agreement with Absolute Security International (CO 18102) for Security Guard Services in an Amount Not to Exceed $232,220 and an Appropriation of $4,000 to Account 11333205304. (CITY) D8.Consideration to Continue the Existing Local Emergency Due to the Novel Coronavirus (COVID19) Pandemic. (CITY) D9.Consideration of Amendment No. 1 to the Professional Services Agreement with Aufbau Corporation (CO#19107) for the Addition of City Surveyor Services to the Agreement Scope of Work with No Change to the Rates in Said Agreement. (CITY) D10.Consideration of the Improvement Agreement and Improvement Securities for Street Improvements, Order Annexation to Landscape Maintenance District No. 3B, Street Light Maintenance Districts Nos. 1 and 6 for Case No. DRC201500681, Located at the Northeast Corner of Archibald Avenue and Arrow Route. (RESOLUTION NOS. 2021116, 2021117 AND 2021118) (CITY) D11.Consideration of a Resolution to Amend the Estacia Street, et al. Residential Permit Parking District to Add Dorset Court East of Elmhurst Avenue Pursuant to Municipal Code Section 10.50. (RESOLUTION NO. 2021119) (CITY) D12.Consideration of the Improvement Agreement and Improvement Securities for Street Improvements, Order Annexation to Landscape Maintenance District No. 3B, Street Light Maintenance Districts Nos. 1 and 6 for Case No. DRC201900381, Located at the Northeast Corner of Foothill Boulevard and Red Hill Country Club Drive. (RESOLUTION NOS. 2021120, 2021121 AND 2021122) (CITY) D13.Consideration to Order the Annexation to Landscape Maintenance District No. 1 and Street Light Maintenance Districts Nos. 1 and 2 Related to Case No. PMT202101562, Located at 10163 26th Street. (RESOLUTION NO. 2021123, 2021124 AND 2021125) (CITY) D14.Consideration of an Appropriation in the Amount of $15,000 for the Central Park Dog Park project. (CITY) E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION E1.Consideration of Second Reading and Adoption of the Following: Ordinance No. 986 An Ordinance of the City Council of the City of Rancho Cucamonga, California, Adopting Zoning Map Amendment No. DRC202000267, a Request to Amend the Zoning Map Land Use District for Two Parcels of Land from a Split Designation of the NeoIndustrial (NI) and Industrial Employment (IE) Districts to NeoIndustrial (NI) District for 91.39 Acres of Land Located Approximately 1,000 Feet East of Santa Anita Avenue and 2,300 Feet West of Etiwanda Avenue, North of Fourth Street and South of Sixth Street, and Making Findings in Support Thereof Ordinance No. 987 An Ordinance of the City Council of the City of Rancho Cucamonga, California, Approving Development Agreement DRC202100180, Between the City of Rancho Cucamonga and Bridge Point Rancho Cucamonga, LLC, to Facilitate the Development of Two New Industrial Warehouse Buildings Totaling Approximately 2,175,000 Square Feet on Property Located Approximately 1,000 Feet East of Santa Anita Avenue and 2,300 Feet West of Etiwanda Avenue, North of Fourth Street and South of Sixth Street, Adopting an Environmental Impact Report Pursuant to the California Environmental Quality Act, and Making Findings in Support Thereof F. ADMINISTRATIVE HEARING ITEM(S) G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT G1.8:00 PM TIME CERTAIN: PUBLIC HEARING #2 Consideration of City Council District Boundaries, to Include Review of the Demographer’s Preliminary Analysis; Review of the Public Mapping Tool and Inviting the Community to Submit Maps; Review of Staff’s Presentation of Maps Prepared Using the Discussed Criteria; and Receipt of Public Input on Communities of Interest and Potential District Boundaries. (CITY) G2.Consideration of First Reading of Ordinance No. 988, to be Read by Title Only and Waive Further Reading, Amending, Title 17 of the Rancho Cucamonga Municipal Code to Permit Utility Companies to Store Materials and Equipment Associated with Utility Facilities and Infrastructure, to Correct an Omission for Food Manufacturing Uses in the Allowed Land Use Table, Delete an Errant Line Related to Building Height in the Industrial Development Standards Table and Adopt an Uncodified Amendment to Ordinance No. 982 to Exempt Certain Buildings Currently Under Construction from the Amended Use Table. (ORDINANCE NO. 988) (CITY) H. CITY MANAGER'S STAFF REPORT(S) I. COUNCIL BUSINESS I1.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I2.INTERAGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) J. CITY ATTORNEY ITEMS K. IDENTIFICATION OF ITEMS FOR NEXT MEETING L. ADJOURNMENT Adjournment in Memory of Lauren Wasserman, Former City Manager. 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 twentyfour (24) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California; 12505 Cultural Center Drive, Rancho Cucamonga, CA, 91739; and on the City's website. LINDA A. TROYAN, MMC CITY CLERK SERVICES DIRECTOR If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 4772700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. CITY COUNCIL VISION STATEMENT “Our Vision is to build on our success as a world class community,to create an equitable,sustainable,and vibrant city,rich in opportunity for all to thrive.” Page 1 MayorL. Dennis MichaelMayor Pro TemLynne B. KennedyMembers of the CityCouncil:Ryan A. HutchisonKristine D. ScottSam Spagnolo CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDANovember 3, 202110500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TRICOMMUNITIES 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 theCouncil Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00p.m. unless extended by the concurrence of the City Council. Agendas, minutes, and recordings ofmeetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 9097742023. LiveBroadcast available on Channel 3 (RCTV 3).CLOSED SESSION – 4:30 P.M. TRICOMMUNITIES ROOM ROLL CALL: Mayor Michael Mayor Pro Tem 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 ANNOUNCEMENTSD. CONDUCT OF CLOSED SESSIOND1.CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO GOVERNMENTCODE SECTION 54956.9(A) SOUTHWEST VOTER REGISTRATION EDUCATION PROJECT ANDLOUISA OLLAGUE V. CITY OF RANCHO CUCAMONGA; SAN BERNARDINO SUPERIOR COURT CASE NO. CIVRS 1603632. (CITY) D2.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), TEAMSTERS LOCAL 1932, RANCHO CUCAMONGA MANAGEMENT ASSOCIATION, EXECUTIVE MANAGEMENT GROUP, RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274, FIRE SUPPORT SERVICES AND FIRE MANAGEMENT EMPLOYEES GROUP – (CITY/FIRE) D3.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8783 ETIWANDA AVENUE/12949 WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916214; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KULAR TRUCK LINE, INC., OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – CITY D4.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8996 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022928379; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BTC III RANCHO CUCAMONGA LOGISTICS CENTER LP, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. CITY D5.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8939 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022929155; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BCORE IE WEST OWNER LLC, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – CITY D6.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8949 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916222; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – CITY D7.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD IDENTIFIED AS PARCEL NUMBERS 1090331030000, 1090331040000, 1089581040000; 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) D8.CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9: 1 CASE – CITY E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the Council Chambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California. REGULAR MEETING – 7:00 P.M. COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE ROLL CALL:Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison, Scott, and Spagnolo A. AMENDMENTS TO THE AGENDA B. ANNOUNCEMENT / PRESENTATIONS B1.Presentation of a Certificate of Sympathy in Memory of Lauren Wasserman, Former City Manager. B2.Rancho Cucamonga's Ranking for Best Cities Where Hispanic/Latinos Fare Best Economically. C. PUBLIC COMMUNICATIONS Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority. This is the time and place for the general public to address the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council from addressing any issue not previously included on the Agenda. The Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon without discussion unless an item is removed by Council Member for discussion. Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar. D. CONSENT CALENDAR D1.Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of $1,794,410.59 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $2,772,751.27 Dated October 11, 2021 Through October 24, 2021. (CITY/FIRE) D2.Consideration to Approve City Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $2009.03 Dated October 11, 2021 Through October 24, 2021. (CITY) D3.Consideration to Adopt a Resolution Approving Side Letter Agreements Between the Rancho Cucamonga Fire Protection District and Fire District Bargaining Units. (RESOLUTION NO. FD 2021032) (FIRE) D4.Consideration to Accept Public Improvements Located South of Wilson Avenue on the East Side of Winchester Court, Related to Case No. SUBTT18391, as Complete, File the Notice of Completion, and Authorize Release of Bonds. (CITY) D5.Consideration to Accept Public Improvements on the North Side of Church Street East of Archibald Avenue per the Improvement Agreement, Related to Case No. SUBTT17433, as Complete, File the Notice of Completion, and Authorize Release of Bonds. (CITY) D6.Consideration of an Appropriation in the Amount of $20,010 from the Municipal Utility Fund for the Haven Avenue Cable Bring Up Project. (CITY) D7.Consideration of Amendment No. 3 to the Professional Services Agreement with Absolute Security International (CO 18102) for Security Guard Services in an Amount Not to Exceed $232,220 and an Appropriation of $4,000 to Account 11333205304. (CITY) D8.Consideration to Continue the Existing Local Emergency Due to the Novel Coronavirus (COVID19) Pandemic. (CITY) D9.Consideration of Amendment No. 1 to the Professional Services Agreement with Aufbau Corporation (CO#19107) for the Addition of City Surveyor Services to the Agreement Scope of Work with No Change to the Rates in Said Agreement. (CITY) D10.Consideration of the Improvement Agreement and Improvement Securities for Street Improvements, Order Annexation to Landscape Maintenance District No. 3B, Street Light Maintenance Districts Nos. 1 and 6 for Case No. DRC201500681, Located at the Northeast Corner of Archibald Avenue and Arrow Route. (RESOLUTION NOS. 2021116, 2021117 AND 2021118) (CITY) D11.Consideration of a Resolution to Amend the Estacia Street, et al. Residential Permit Parking District to Add Dorset Court East of Elmhurst Avenue Pursuant to Municipal Code Section 10.50. (RESOLUTION NO. 2021119) (CITY) D12.Consideration of the Improvement Agreement and Improvement Securities for Street Improvements, Order Annexation to Landscape Maintenance District No. 3B, Street Light Maintenance Districts Nos. 1 and 6 for Case No. DRC201900381, Located at the Northeast Corner of Foothill Boulevard and Red Hill Country Club Drive. (RESOLUTION NOS. 2021120, 2021121 AND 2021122) (CITY) D13.Consideration to Order the Annexation to Landscape Maintenance District No. 1 and Street Light Maintenance Districts Nos. 1 and 2 Related to Case No. PMT202101562, Located at 10163 26th Street. (RESOLUTION NO. 2021123, 2021124 AND 2021125) (CITY) D14.Consideration of an Appropriation in the Amount of $15,000 for the Central Park Dog Park project. (CITY) E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION E1.Consideration of Second Reading and Adoption of the Following: Ordinance No. 986 An Ordinance of the City Council of the City of Rancho Cucamonga, California, Adopting Zoning Map Amendment No. DRC202000267, a Request to Amend the Zoning Map Land Use District for Two Parcels of Land from a Split Designation of the NeoIndustrial (NI) and Industrial Employment (IE) Districts to NeoIndustrial (NI) District for 91.39 Acres of Land Located Approximately 1,000 Feet East of Santa Anita Avenue and 2,300 Feet West of Etiwanda Avenue, North of Fourth Street and South of Sixth Street, and Making Findings in Support Thereof Ordinance No. 987 An Ordinance of the City Council of the City of Rancho Cucamonga, California, Approving Development Agreement DRC202100180, Between the City of Rancho Cucamonga and Bridge Point Rancho Cucamonga, LLC, to Facilitate the Development of Two New Industrial Warehouse Buildings Totaling Approximately 2,175,000 Square Feet on Property Located Approximately 1,000 Feet East of Santa Anita Avenue and 2,300 Feet West of Etiwanda Avenue, North of Fourth Street and South of Sixth Street, Adopting an Environmental Impact Report Pursuant to the California Environmental Quality Act, and Making Findings in Support Thereof F. ADMINISTRATIVE HEARING ITEM(S) G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT G1.8:00 PM TIME CERTAIN: PUBLIC HEARING #2 Consideration of City Council District Boundaries, to Include Review of the Demographer’s Preliminary Analysis; Review of the Public Mapping Tool and Inviting the Community to Submit Maps; Review of Staff’s Presentation of Maps Prepared Using the Discussed Criteria; and Receipt of Public Input on Communities of Interest and Potential District Boundaries. (CITY) G2.Consideration of First Reading of Ordinance No. 988, to be Read by Title Only and Waive Further Reading, Amending, Title 17 of the Rancho Cucamonga Municipal Code to Permit Utility Companies to Store Materials and Equipment Associated with Utility Facilities and Infrastructure, to Correct an Omission for Food Manufacturing Uses in the Allowed Land Use Table, Delete an Errant Line Related to Building Height in the Industrial Development Standards Table and Adopt an Uncodified Amendment to Ordinance No. 982 to Exempt Certain Buildings Currently Under Construction from the Amended Use Table. (ORDINANCE NO. 988) (CITY) H. CITY MANAGER'S STAFF REPORT(S) I. COUNCIL BUSINESS I1.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I2.INTERAGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) J. CITY ATTORNEY ITEMS K. IDENTIFICATION OF ITEMS FOR NEXT MEETING L. ADJOURNMENT Adjournment in Memory of Lauren Wasserman, Former City Manager. 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 twentyfour (24) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California; 12505 Cultural Center Drive, Rancho Cucamonga, CA, 91739; and on the City's website. LINDA A. TROYAN, MMC CITY CLERK SERVICES DIRECTOR If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 4772700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. CITY COUNCIL VISION STATEMENT “Our Vision is to build on our success as a world class community,to create an equitable,sustainable,and vibrant city,rich in opportunity for all to thrive.” Page 2 MayorL. Dennis MichaelMayor Pro TemLynne B. KennedyMembers of the CityCouncil:Ryan A. HutchisonKristine D. ScottSam Spagnolo CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDANovember 3, 202110500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TRICOMMUNITIES 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 theCouncil Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00p.m. unless extended by the concurrence of the City Council. Agendas, minutes, and recordings ofmeetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 9097742023. LiveBroadcast available on Channel 3 (RCTV 3).CLOSED SESSION – 4:30 P.M. TRICOMMUNITIES ROOM ROLL CALL: Mayor Michael Mayor Pro Tem 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 ANNOUNCEMENTSD. CONDUCT OF CLOSED SESSIOND1.CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO GOVERNMENTCODE SECTION 54956.9(A) SOUTHWEST VOTER REGISTRATION EDUCATION PROJECT ANDLOUISA OLLAGUE V. CITY OF RANCHO CUCAMONGA; SAN BERNARDINO SUPERIOR COURTCASE NO. CIVRS 1603632. (CITY)D2.CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCESDIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONSWITH THE RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION (RCCEA), TEAMSTERSLOCAL 1932, RANCHO CUCAMONGA MANAGEMENT ASSOCIATION, EXECUTIVE MANAGEMENTGROUP, RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274, FIRE SUPPORT SERVICES ANDFIRE MANAGEMENT EMPLOYEES GROUP – (CITY/FIRE)D3.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8783 ETIWANDA AVENUE/12949 WHITTRAM AVENUE,FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER022916214; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND,PACIFIC AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KULARTRUCK LINE, INC., OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNINGPRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTHABOVE. – CITYD4.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8996 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022928379; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BTC III RANCHOCUCAMONGA LOGISTICS CENTER LP, A DELAWARE LIMITED LIABILITY COMPANY, OWNER;REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIESMAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. CITYD5.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8939 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022929155; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BCORE IE WESTOWNER LLC, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE.NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTHABOVE. – CITYD6.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8949 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916222; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTHABOVE. – CITYD7.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD IDENTIFIED AS PARCELNUMBERS 1090331030000, 1090331040000, 1089581040000; NEGOTIATING PARTIES JOHNGILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND JOSEPH FILIPPI, JOSEPH FILIPPI WINERY AND VINEYARDS; REGARDING PRICE AND TERMS. – (CITY) D8.CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9: 1 CASE – CITY E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the Council Chambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California. REGULAR MEETING – 7:00 P.M. COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE ROLL CALL:Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison, Scott, and Spagnolo A. AMENDMENTS TO THE AGENDA B. ANNOUNCEMENT / PRESENTATIONS B1.Presentation of a Certificate of Sympathy in Memory of Lauren Wasserman, Former City Manager. B2.Rancho Cucamonga's Ranking for Best Cities Where Hispanic/Latinos Fare Best Economically. C. PUBLIC COMMUNICATIONS Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority. This is the time and place for the general public to address the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council from addressing any issue not previously included on the Agenda. The Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon without discussion unless an item is removed by Council Member for discussion. Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar. D. CONSENT CALENDAR D1.Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of $1,794,410.59 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $2,772,751.27 Dated October 11, 2021 Through October 24, 2021. (CITY/FIRE) D2.Consideration to Approve City Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $2009.03 Dated October 11, 2021 Through October 24, 2021. (CITY) D3.Consideration to Adopt a Resolution Approving Side Letter Agreements Between the Rancho Cucamonga Fire Protection District and Fire District Bargaining Units. (RESOLUTION NO. FD 2021032) (FIRE) D4.Consideration to Accept Public Improvements Located South of Wilson Avenue on the East Side of Winchester Court, Related to Case No. SUBTT18391, as Complete, File the Notice of Completion, and Authorize Release of Bonds. (CITY) D5.Consideration to Accept Public Improvements on the North Side of Church Street East of Archibald Avenue per the Improvement Agreement, Related to Case No. SUBTT17433, as Complete, File the Notice of Completion, and Authorize Release of Bonds. (CITY) D6.Consideration of an Appropriation in the Amount of $20,010 from the Municipal Utility Fund for the Haven Avenue Cable Bring Up Project. (CITY) D7.Consideration of Amendment No. 3 to the Professional Services Agreement with Absolute Security International (CO 18102) for Security Guard Services in an Amount Not to Exceed $232,220 and an Appropriation of $4,000 to Account 11333205304. (CITY) D8.Consideration to Continue the Existing Local Emergency Due to the Novel Coronavirus (COVID19) Pandemic. (CITY) D9.Consideration of Amendment No. 1 to the Professional Services Agreement with Aufbau Corporation (CO#19107) for the Addition of City Surveyor Services to the Agreement Scope of Work with No Change to the Rates in Said Agreement. (CITY) D10.Consideration of the Improvement Agreement and Improvement Securities for Street Improvements, Order Annexation to Landscape Maintenance District No. 3B, Street Light Maintenance Districts Nos. 1 and 6 for Case No. DRC201500681, Located at the Northeast Corner of Archibald Avenue and Arrow Route. (RESOLUTION NOS. 2021116, 2021117 AND 2021118) (CITY) D11.Consideration of a Resolution to Amend the Estacia Street, et al. Residential Permit Parking District to Add Dorset Court East of Elmhurst Avenue Pursuant to Municipal Code Section 10.50. (RESOLUTION NO. 2021119) (CITY) D12.Consideration of the Improvement Agreement and Improvement Securities for Street Improvements, Order Annexation to Landscape Maintenance District No. 3B, Street Light Maintenance Districts Nos. 1 and 6 for Case No. DRC201900381, Located at the Northeast Corner of Foothill Boulevard and Red Hill Country Club Drive. (RESOLUTION NOS. 2021120, 2021121 AND 2021122) (CITY) D13.Consideration to Order the Annexation to Landscape Maintenance District No. 1 and Street Light Maintenance Districts Nos. 1 and 2 Related to Case No. PMT202101562, Located at 10163 26th Street. (RESOLUTION NO. 2021123, 2021124 AND 2021125) (CITY) D14.Consideration of an Appropriation in the Amount of $15,000 for the Central Park Dog Park project. (CITY) E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION E1.Consideration of Second Reading and Adoption of the Following: Ordinance No. 986 An Ordinance of the City Council of the City of Rancho Cucamonga, California, Adopting Zoning Map Amendment No. DRC202000267, a Request to Amend the Zoning Map Land Use District for Two Parcels of Land from a Split Designation of the NeoIndustrial (NI) and Industrial Employment (IE) Districts to NeoIndustrial (NI) District for 91.39 Acres of Land Located Approximately 1,000 Feet East of Santa Anita Avenue and 2,300 Feet West of Etiwanda Avenue, North of Fourth Street and South of Sixth Street, and Making Findings in Support Thereof Ordinance No. 987 An Ordinance of the City Council of the City of Rancho Cucamonga, California, Approving Development Agreement DRC202100180, Between the City of Rancho Cucamonga and Bridge Point Rancho Cucamonga, LLC, to Facilitate the Development of Two New Industrial Warehouse Buildings Totaling Approximately 2,175,000 Square Feet on Property Located Approximately 1,000 Feet East of Santa Anita Avenue and 2,300 Feet West of Etiwanda Avenue, North of Fourth Street and South of Sixth Street, Adopting an Environmental Impact Report Pursuant to the California Environmental Quality Act, and Making Findings in Support Thereof F. ADMINISTRATIVE HEARING ITEM(S) G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT G1.8:00 PM TIME CERTAIN: PUBLIC HEARING #2 Consideration of City Council District Boundaries, to Include Review of the Demographer’s Preliminary Analysis; Review of the Public Mapping Tool and Inviting the Community to Submit Maps; Review of Staff’s Presentation of Maps Prepared Using the Discussed Criteria; and Receipt of Public Input on Communities of Interest and Potential District Boundaries. (CITY) G2.Consideration of First Reading of Ordinance No. 988, to be Read by Title Only and Waive Further Reading, Amending, Title 17 of the Rancho Cucamonga Municipal Code to Permit Utility Companies to Store Materials and Equipment Associated with Utility Facilities and Infrastructure, to Correct an Omission for Food Manufacturing Uses in the Allowed Land Use Table, Delete an Errant Line Related to Building Height in the Industrial Development Standards Table and Adopt an Uncodified Amendment to Ordinance No. 982 to Exempt Certain Buildings Currently Under Construction from the Amended Use Table. (ORDINANCE NO. 988) (CITY) H. CITY MANAGER'S STAFF REPORT(S) I. COUNCIL BUSINESS I1.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I2.INTERAGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) J. CITY ATTORNEY ITEMS K. IDENTIFICATION OF ITEMS FOR NEXT MEETING L. ADJOURNMENT Adjournment in Memory of Lauren Wasserman, Former City Manager. 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 twentyfour (24) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California; 12505 Cultural Center Drive, Rancho Cucamonga, CA, 91739; and on the City's website. LINDA A. TROYAN, MMC CITY CLERK SERVICES DIRECTOR If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 4772700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. CITY COUNCIL VISION STATEMENT “Our Vision is to build on our success as a world class community,to create an equitable,sustainable,and vibrant city,rich in opportunity for all to thrive.” Page 3 MayorL. Dennis MichaelMayor Pro TemLynne B. KennedyMembers of the CityCouncil:Ryan A. HutchisonKristine D. ScottSam Spagnolo CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDANovember 3, 202110500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TRICOMMUNITIES 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 theCouncil Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00p.m. unless extended by the concurrence of the City Council. Agendas, minutes, and recordings ofmeetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 9097742023. LiveBroadcast available on Channel 3 (RCTV 3).CLOSED SESSION – 4:30 P.M. TRICOMMUNITIES ROOM ROLL CALL: Mayor Michael Mayor Pro Tem 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 ANNOUNCEMENTSD. CONDUCT OF CLOSED SESSIOND1.CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO GOVERNMENTCODE SECTION 54956.9(A) SOUTHWEST VOTER REGISTRATION EDUCATION PROJECT ANDLOUISA OLLAGUE V. CITY OF RANCHO CUCAMONGA; SAN BERNARDINO SUPERIOR COURTCASE NO. CIVRS 1603632. (CITY)D2.CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCESDIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONSWITH THE RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION (RCCEA), TEAMSTERSLOCAL 1932, RANCHO CUCAMONGA MANAGEMENT ASSOCIATION, EXECUTIVE MANAGEMENTGROUP, RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274, FIRE SUPPORT SERVICES ANDFIRE MANAGEMENT EMPLOYEES GROUP – (CITY/FIRE)D3.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8783 ETIWANDA AVENUE/12949 WHITTRAM AVENUE,FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER022916214; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND,PACIFIC AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KULARTRUCK LINE, INC., OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNINGPRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTHABOVE. – CITYD4.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8996 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022928379; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BTC III RANCHOCUCAMONGA LOGISTICS CENTER LP, A DELAWARE LIMITED LIABILITY COMPANY, OWNER;REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIESMAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. CITYD5.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8939 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022929155; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BCORE IE WESTOWNER LLC, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE.NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTHABOVE. – CITYD6.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8949 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916222; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTHABOVE. – CITYD7.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD IDENTIFIED AS PARCELNUMBERS 1090331030000, 1090331040000, 1089581040000; NEGOTIATING PARTIES JOHNGILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, ANDJOSEPH FILIPPI, JOSEPH FILIPPI WINERY AND VINEYARDS; REGARDING PRICE AND TERMS.– (CITY)D8.CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATIONPURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION54956.9: 1 CASE – CITYE. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the Council Chambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California. REGULAR MEETING – 7:00 P.M. COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE ROLL CALL:Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison, Scott, and Spagnolo A. AMENDMENTS TO THE AGENDA B. ANNOUNCEMENT / PRESENTATIONS B1.Presentation of a Certificate of Sympathy in Memory of Lauren Wasserman, Former City Manager. B2.Rancho Cucamonga's Ranking for Best Cities Where Hispanic/Latinos Fare Best Economically. C. PUBLIC COMMUNICATIONS Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority. This is the time and place for the general public to address the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council from addressing any issue not previously included on the Agenda. The Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon without discussion unless an item is removed by Council Member for discussion. Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar. D. CONSENT CALENDAR D1.Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of $1,794,410.59 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $2,772,751.27 Dated October 11, 2021 Through October 24, 2021. (CITY/FIRE) D2.Consideration to Approve City Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $2009.03 Dated October 11, 2021 Through October 24, 2021. (CITY) D3.Consideration to Adopt a Resolution Approving Side Letter Agreements Between the Rancho Cucamonga Fire Protection District and Fire District Bargaining Units. (RESOLUTION NO. FD 2021032) (FIRE) D4.Consideration to Accept Public Improvements Located South of Wilson Avenue on the East Side of Winchester Court, Related to Case No. SUBTT18391, as Complete, File the Notice of Completion, and Authorize Release of Bonds. (CITY) D5.Consideration to Accept Public Improvements on the North Side of Church Street East of Archibald Avenue per the Improvement Agreement, Related to Case No. SUBTT17433, as Complete, File the Notice of Completion, and Authorize Release of Bonds. (CITY) D6.Consideration of an Appropriation in the Amount of $20,010 from the Municipal Utility Fund for the Haven Avenue Cable Bring Up Project. (CITY) D7.Consideration of Amendment No. 3 to the Professional Services Agreement with Absolute Security International (CO 18102) for Security Guard Services in an Amount Not to Exceed $232,220 and an Appropriation of $4,000 to Account 11333205304. (CITY) D8.Consideration to Continue the Existing Local Emergency Due to the Novel Coronavirus (COVID19) Pandemic. (CITY) D9.Consideration of Amendment No. 1 to the Professional Services Agreement with Aufbau Corporation (CO#19107) for the Addition of City Surveyor Services to the Agreement Scope of Work with No Change to the Rates in Said Agreement. (CITY) D10.Consideration of the Improvement Agreement and Improvement Securities for Street Improvements, Order Annexation to Landscape Maintenance District No. 3B, Street Light Maintenance Districts Nos. 1 and 6 for Case No. DRC201500681, Located at the Northeast Corner of Archibald Avenue and Arrow Route. (RESOLUTION NOS. 2021116, 2021117 AND 2021118) (CITY) D11.Consideration of a Resolution to Amend the Estacia Street, et al. Residential Permit Parking District to Add Dorset Court East of Elmhurst Avenue Pursuant to Municipal Code Section 10.50. (RESOLUTION NO. 2021119) (CITY) D12.Consideration of the Improvement Agreement and Improvement Securities for Street Improvements, Order Annexation to Landscape Maintenance District No. 3B, Street Light Maintenance Districts Nos. 1 and 6 for Case No. DRC201900381, Located at the Northeast Corner of Foothill Boulevard and Red Hill Country Club Drive. (RESOLUTION NOS. 2021120, 2021121 AND 2021122) (CITY) D13.Consideration to Order the Annexation to Landscape Maintenance District No. 1 and Street Light Maintenance Districts Nos. 1 and 2 Related to Case No. PMT202101562, Located at 10163 26th Street. (RESOLUTION NO. 2021123, 2021124 AND 2021125) (CITY) D14.Consideration of an Appropriation in the Amount of $15,000 for the Central Park Dog Park project. (CITY) E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION E1.Consideration of Second Reading and Adoption of the Following: Ordinance No. 986 An Ordinance of the City Council of the City of Rancho Cucamonga, California, Adopting Zoning Map Amendment No. DRC202000267, a Request to Amend the Zoning Map Land Use District for Two Parcels of Land from a Split Designation of the NeoIndustrial (NI) and Industrial Employment (IE) Districts to NeoIndustrial (NI) District for 91.39 Acres of Land Located Approximately 1,000 Feet East of Santa Anita Avenue and 2,300 Feet West of Etiwanda Avenue, North of Fourth Street and South of Sixth Street, and Making Findings in Support Thereof Ordinance No. 987 An Ordinance of the City Council of the City of Rancho Cucamonga, California, Approving Development Agreement DRC202100180, Between the City of Rancho Cucamonga and Bridge Point Rancho Cucamonga, LLC, to Facilitate the Development of Two New Industrial Warehouse Buildings Totaling Approximately 2,175,000 Square Feet on Property Located Approximately 1,000 Feet East of Santa Anita Avenue and 2,300 Feet West of Etiwanda Avenue, North of Fourth Street and South of Sixth Street, Adopting an Environmental Impact Report Pursuant to the California Environmental Quality Act, and Making Findings in Support Thereof F. ADMINISTRATIVE HEARING ITEM(S) G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT G1.8:00 PM TIME CERTAIN: PUBLIC HEARING #2 Consideration of City Council District Boundaries, to Include Review of the Demographer’s Preliminary Analysis; Review of the Public Mapping Tool and Inviting the Community to Submit Maps; Review of Staff’s Presentation of Maps Prepared Using the Discussed Criteria; and Receipt of Public Input on Communities of Interest and Potential District Boundaries. (CITY) G2.Consideration of First Reading of Ordinance No. 988, to be Read by Title Only and Waive Further Reading, Amending, Title 17 of the Rancho Cucamonga Municipal Code to Permit Utility Companies to Store Materials and Equipment Associated with Utility Facilities and Infrastructure, to Correct an Omission for Food Manufacturing Uses in the Allowed Land Use Table, Delete an Errant Line Related to Building Height in the Industrial Development Standards Table and Adopt an Uncodified Amendment to Ordinance No. 982 to Exempt Certain Buildings Currently Under Construction from the Amended Use Table. (ORDINANCE NO. 988) (CITY) H. CITY MANAGER'S STAFF REPORT(S) I. COUNCIL BUSINESS I1.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I2.INTERAGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) J. CITY ATTORNEY ITEMS K. IDENTIFICATION OF ITEMS FOR NEXT MEETING L. ADJOURNMENT Adjournment in Memory of Lauren Wasserman, Former City Manager. 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 twentyfour (24) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California; 12505 Cultural Center Drive, Rancho Cucamonga, CA, 91739; and on the City's website. LINDA A. TROYAN, MMC CITY CLERK SERVICES DIRECTOR If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 4772700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. CITY COUNCIL VISION STATEMENT “Our Vision is to build on our success as a world class community,to create an equitable,sustainable,and vibrant city,rich in opportunity for all to thrive.” Page 4 --- --- MayorL. Dennis MichaelMayor Pro TemLynne B. KennedyMembers of the CityCouncil:Ryan A. HutchisonKristine D. ScottSam Spagnolo CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDANovember 3, 202110500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TRICOMMUNITIES 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 theCouncil Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00p.m. unless extended by the concurrence of the City Council. Agendas, minutes, and recordings ofmeetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 9097742023. LiveBroadcast available on Channel 3 (RCTV 3).CLOSED SESSION – 4:30 P.M. TRICOMMUNITIES ROOM ROLL CALL: Mayor Michael Mayor Pro Tem 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 ANNOUNCEMENTSD. CONDUCT OF CLOSED SESSIOND1.CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO GOVERNMENTCODE SECTION 54956.9(A) SOUTHWEST VOTER REGISTRATION EDUCATION PROJECT ANDLOUISA OLLAGUE V. CITY OF RANCHO CUCAMONGA; SAN BERNARDINO SUPERIOR COURTCASE NO. CIVRS 1603632. (CITY)D2.CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCESDIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONSWITH THE RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION (RCCEA), TEAMSTERSLOCAL 1932, RANCHO CUCAMONGA MANAGEMENT ASSOCIATION, EXECUTIVE MANAGEMENTGROUP, RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274, FIRE SUPPORT SERVICES ANDFIRE MANAGEMENT EMPLOYEES GROUP – (CITY/FIRE)D3.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8783 ETIWANDA AVENUE/12949 WHITTRAM AVENUE,FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER022916214; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND,PACIFIC AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KULARTRUCK LINE, INC., OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNINGPRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTHABOVE. – CITYD4.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8996 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022928379; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BTC III RANCHOCUCAMONGA LOGISTICS CENTER LP, A DELAWARE LIMITED LIABILITY COMPANY, OWNER;REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIESMAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. CITYD5.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8939 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022929155; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BCORE IE WESTOWNER LLC, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE.NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTHABOVE. – CITYD6.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8949 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916222; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTHABOVE. – CITYD7.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD IDENTIFIED AS PARCELNUMBERS 1090331030000, 1090331040000, 1089581040000; NEGOTIATING PARTIES JOHNGILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, ANDJOSEPH FILIPPI, JOSEPH FILIPPI WINERY AND VINEYARDS; REGARDING PRICE AND TERMS.– (CITY)D8.CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATIONPURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION54956.9: 1 CASE – CITYE. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the CouncilChambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.REGULAR MEETING – 7:00 P.M.COUNCIL CHAMBERSPLEDGE OF ALLEGIANCEROLL CALL:Mayor MichaelMayor Pro Tem KennedyCouncil Members Hutchison, Scott, and SpagnoloA. AMENDMENTS TO THE AGENDAB. ANNOUNCEMENT / PRESENTATIONSB1.Presentation of a Certificate of Sympathy in Memory of Lauren Wasserman, Former City Manager.B2.Rancho Cucamonga's Ranking for Best Cities Where Hispanic/Latinos Fare Best Economically.C. PUBLIC COMMUNICATIONSMembers of the City Council also sit as the Fire Board, Housing Successor Agency, SuccessorAgency, and Public Finance Authority. This is the time and place for the general public to addressthe Fire Protection District, Housing Successor Agency, Successor Agency, Public FinancingAuthority Board, and City Council on any item listed or not listed on the agenda. State law prohibits theFire 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 ProtectionDistrict, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Councilmay 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 theMayor, depending upon the number of individuals desiring to speak. All communications are to beaddressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to themembers 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 anyactivity which might be disruptive to the decorum of the meeting.The public communications period will not exceed one hour prior to the commencement of thebusiness portion of the agenda. During this one hour period, all those who wish to speak on a topiccontained in the business portion of the agenda will be given priority, and no further speaker cards for thesebusiness items (with the exception of public hearing items) will be accepted once the business portion of theagenda commences. Any other public communications which have not concluded during this one hour periodmay resume after the regular business portion of the agenda has been completed.CONSENT CALENDARS:The following Consent Calendar items are expected to be routine and noncontroversial. They will be actedupon without discussion unless an item is removed by Council Member for discussion. Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar. D. CONSENT CALENDAR D1.Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of $1,794,410.59 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $2,772,751.27 Dated October 11, 2021 Through October 24, 2021. (CITY/FIRE) D2.Consideration to Approve City Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $2009.03 Dated October 11, 2021 Through October 24, 2021. (CITY) D3.Consideration to Adopt a Resolution Approving Side Letter Agreements Between the Rancho Cucamonga Fire Protection District and Fire District Bargaining Units. (RESOLUTION NO. FD 2021032) (FIRE) D4.Consideration to Accept Public Improvements Located South of Wilson Avenue on the East Side of Winchester Court, Related to Case No. SUBTT18391, as Complete, File the Notice of Completion, and Authorize Release of Bonds. (CITY) D5.Consideration to Accept Public Improvements on the North Side of Church Street East of Archibald Avenue per the Improvement Agreement, Related to Case No. SUBTT17433, as Complete, File the Notice of Completion, and Authorize Release of Bonds. (CITY) D6.Consideration of an Appropriation in the Amount of $20,010 from the Municipal Utility Fund for the Haven Avenue Cable Bring Up Project. (CITY) D7.Consideration of Amendment No. 3 to the Professional Services Agreement with Absolute Security International (CO 18102) for Security Guard Services in an Amount Not to Exceed $232,220 and an Appropriation of $4,000 to Account 11333205304. (CITY) D8.Consideration to Continue the Existing Local Emergency Due to the Novel Coronavirus (COVID19) Pandemic. (CITY) D9.Consideration of Amendment No. 1 to the Professional Services Agreement with Aufbau Corporation (CO#19107) for the Addition of City Surveyor Services to the Agreement Scope of Work with No Change to the Rates in Said Agreement. (CITY) D10.Consideration of the Improvement Agreement and Improvement Securities for Street Improvements, Order Annexation to Landscape Maintenance District No. 3B, Street Light Maintenance Districts Nos. 1 and 6 for Case No. DRC201500681, Located at the Northeast Corner of Archibald Avenue and Arrow Route. (RESOLUTION NOS. 2021116, 2021117 AND 2021118) (CITY) D11.Consideration of a Resolution to Amend the Estacia Street, et al. Residential Permit Parking District to Add Dorset Court East of Elmhurst Avenue Pursuant to Municipal Code Section 10.50. (RESOLUTION NO. 2021119) (CITY) D12.Consideration of the Improvement Agreement and Improvement Securities for Street Improvements, Order Annexation to Landscape Maintenance District No. 3B, Street Light Maintenance Districts Nos. 1 and 6 for Case No. DRC201900381, Located at the Northeast Corner of Foothill Boulevard and Red Hill Country Club Drive. (RESOLUTION NOS. 2021120, 2021121 AND 2021122) (CITY) D13.Consideration to Order the Annexation to Landscape Maintenance District No. 1 and Street Light Maintenance Districts Nos. 1 and 2 Related to Case No. PMT202101562, Located at 10163 26th Street. (RESOLUTION NO. 2021123, 2021124 AND 2021125) (CITY) D14.Consideration of an Appropriation in the Amount of $15,000 for the Central Park Dog Park project. (CITY) E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION E1.Consideration of Second Reading and Adoption of the Following: Ordinance No. 986 An Ordinance of the City Council of the City of Rancho Cucamonga, California, Adopting Zoning Map Amendment No. DRC202000267, a Request to Amend the Zoning Map Land Use District for Two Parcels of Land from a Split Designation of the NeoIndustrial (NI) and Industrial Employment (IE) Districts to NeoIndustrial (NI) District for 91.39 Acres of Land Located Approximately 1,000 Feet East of Santa Anita Avenue and 2,300 Feet West of Etiwanda Avenue, North of Fourth Street and South of Sixth Street, and Making Findings in Support Thereof Ordinance No. 987 An Ordinance of the City Council of the City of Rancho Cucamonga, California, Approving Development Agreement DRC202100180, Between the City of Rancho Cucamonga and Bridge Point Rancho Cucamonga, LLC, to Facilitate the Development of Two New Industrial Warehouse Buildings Totaling Approximately 2,175,000 Square Feet on Property Located Approximately 1,000 Feet East of Santa Anita Avenue and 2,300 Feet West of Etiwanda Avenue, North of Fourth Street and South of Sixth Street, Adopting an Environmental Impact Report Pursuant to the California Environmental Quality Act, and Making Findings in Support Thereof F. ADMINISTRATIVE HEARING ITEM(S) G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT G1.8:00 PM TIME CERTAIN: PUBLIC HEARING #2 Consideration of City Council District Boundaries, to Include Review of the Demographer’s Preliminary Analysis; Review of the Public Mapping Tool and Inviting the Community to Submit Maps; Review of Staff’s Presentation of Maps Prepared Using the Discussed Criteria; and Receipt of Public Input on Communities of Interest and Potential District Boundaries. (CITY) G2.Consideration of First Reading of Ordinance No. 988, to be Read by Title Only and Waive Further Reading, Amending, Title 17 of the Rancho Cucamonga Municipal Code to Permit Utility Companies to Store Materials and Equipment Associated with Utility Facilities and Infrastructure, to Correct an Omission for Food Manufacturing Uses in the Allowed Land Use Table, Delete an Errant Line Related to Building Height in the Industrial Development Standards Table and Adopt an Uncodified Amendment to Ordinance No. 982 to Exempt Certain Buildings Currently Under Construction from the Amended Use Table. (ORDINANCE NO. 988) (CITY) H. CITY MANAGER'S STAFF REPORT(S) I. COUNCIL BUSINESS I1.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I2.INTERAGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) J. CITY ATTORNEY ITEMS K. IDENTIFICATION OF ITEMS FOR NEXT MEETING L. ADJOURNMENT Adjournment in Memory of Lauren Wasserman, Former City Manager. 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 twentyfour (24) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California; 12505 Cultural Center Drive, Rancho Cucamonga, CA, 91739; and on the City's website. LINDA A. TROYAN, MMC CITY CLERK SERVICES DIRECTOR If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 4772700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. CITY COUNCIL VISION STATEMENT “Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive.” Page 5 9 16 18 27 30 33 35 37 39 41 MayorL. Dennis MichaelMayor Pro TemLynne B. KennedyMembers of the CityCouncil:Ryan A. HutchisonKristine D. ScottSam Spagnolo CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDANovember 3, 202110500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TRICOMMUNITIES 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 theCouncil Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00p.m. unless extended by the concurrence of the City Council. Agendas, minutes, and recordings ofmeetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 9097742023. LiveBroadcast available on Channel 3 (RCTV 3).CLOSED SESSION – 4:30 P.M. TRICOMMUNITIES ROOM ROLL CALL: Mayor Michael Mayor Pro Tem 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 ANNOUNCEMENTSD. CONDUCT OF CLOSED SESSIOND1.CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO GOVERNMENTCODE SECTION 54956.9(A) SOUTHWEST VOTER REGISTRATION EDUCATION PROJECT ANDLOUISA OLLAGUE V. CITY OF RANCHO CUCAMONGA; SAN BERNARDINO SUPERIOR COURTCASE NO. CIVRS 1603632. (CITY)D2.CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCESDIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONSWITH THE RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION (RCCEA), TEAMSTERSLOCAL 1932, RANCHO CUCAMONGA MANAGEMENT ASSOCIATION, EXECUTIVE MANAGEMENTGROUP, RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274, FIRE SUPPORT SERVICES ANDFIRE MANAGEMENT EMPLOYEES GROUP – (CITY/FIRE)D3.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8783 ETIWANDA AVENUE/12949 WHITTRAM AVENUE,FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER022916214; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND,PACIFIC AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KULARTRUCK LINE, INC., OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNINGPRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTHABOVE. – CITYD4.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8996 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022928379; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BTC III RANCHOCUCAMONGA LOGISTICS CENTER LP, A DELAWARE LIMITED LIABILITY COMPANY, OWNER;REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIESMAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. CITYD5.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8939 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022929155; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BCORE IE WESTOWNER LLC, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE.NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTHABOVE. – CITYD6.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8949 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916222; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTHABOVE. – CITYD7.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD IDENTIFIED AS PARCELNUMBERS 1090331030000, 1090331040000, 1089581040000; NEGOTIATING PARTIES JOHNGILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, ANDJOSEPH FILIPPI, JOSEPH FILIPPI WINERY AND VINEYARDS; REGARDING PRICE AND TERMS.– (CITY)D8.CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATIONPURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION54956.9: 1 CASE – CITYE. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the CouncilChambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.REGULAR MEETING – 7:00 P.M.COUNCIL CHAMBERSPLEDGE OF ALLEGIANCEROLL CALL:Mayor MichaelMayor Pro Tem KennedyCouncil Members Hutchison, Scott, and SpagnoloA. AMENDMENTS TO THE AGENDAB. ANNOUNCEMENT / PRESENTATIONSB1.Presentation of a Certificate of Sympathy in Memory of Lauren Wasserman, Former City Manager.B2.Rancho Cucamonga's Ranking for Best Cities Where Hispanic/Latinos Fare Best Economically.C. PUBLIC COMMUNICATIONSMembers of the City Council also sit as the Fire Board, Housing Successor Agency, SuccessorAgency, and Public Finance Authority. This is the time and place for the general public to addressthe Fire Protection District, Housing Successor Agency, Successor Agency, Public FinancingAuthority Board, and City Council on any item listed or not listed on the agenda. State law prohibits theFire 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 ProtectionDistrict, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Councilmay 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 theMayor, depending upon the number of individuals desiring to speak. All communications are to beaddressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to themembers 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 anyactivity which might be disruptive to the decorum of the meeting.The public communications period will not exceed one hour prior to the commencement of thebusiness portion of the agenda. During this one hour period, all those who wish to speak on a topiccontained in the business portion of the agenda will be given priority, and no further speaker cards for thesebusiness items (with the exception of public hearing items) will be accepted once the business portion of theagenda commences. Any other public communications which have not concluded during this one hour periodmay resume after the regular business portion of the agenda has been completed.CONSENT CALENDARS:The following Consent Calendar items are expected to be routine and noncontroversial. They will be actedupon 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, andPublic Finance Authority and may act on the consent calendar for those bodies as part of a single motion withthe City Council consent calendar.D. CONSENT CALENDARD1.Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of$1,794,410.59 and City and Fire District Weekly Check Registers (Excluding Checks Issued toSouthern California Gas Company) in the Total Amount of $2,772,751.27 Dated October 11,2021 Through October 24, 2021. (CITY/FIRE)D2.Consideration to Approve City Weekly Check Registers for Checks Issued to SouthernCalifornia Gas Company in the Total Amount of $2009.03 Dated October 11, 2021 ThroughOctober 24, 2021. (CITY)D3.Consideration to Adopt a Resolution Approving Side Letter Agreements Between the RanchoCucamonga Fire Protection District and Fire District Bargaining Units. (RESOLUTION NO.FD 2021032) (FIRE)D4.Consideration to Accept Public Improvements Located South of Wilson Avenue on the EastSide of Winchester Court, Related to Case No. SUBTT18391, as Complete, File the Notice ofCompletion, and Authorize Release of Bonds. (CITY)D5.Consideration to Accept Public Improvements on the North Side of Church Street East ofArchibald Avenue per the Improvement Agreement, Related to Case No. SUBTT17433, asComplete, File the Notice of Completion, and Authorize Release of Bonds. (CITY)D6.Consideration of an Appropriation in the Amount of $20,010 from the Municipal Utility Fund forthe Haven Avenue Cable Bring Up Project. (CITY)D7.Consideration of Amendment No. 3 to the Professional Services Agreement with AbsoluteSecurity International (CO 18102) for Security Guard Services in an Amount Not to Exceed$232,220 and an Appropriation of $4,000 to Account 11333205304. (CITY)D8.Consideration to Continue the Existing Local Emergency Due to the Novel Coronavirus(COVID19) Pandemic. (CITY)D9.Consideration of Amendment No. 1 to the Professional Services Agreement with AufbauCorporation (CO#19107) for the Addition of City Surveyor Services to the Agreement Scopeof Work with No Change to the Rates in Said Agreement. (CITY)D10.Consideration of the Improvement Agreement and Improvement Securities for StreetImprovements, Order Annexation to Landscape Maintenance District No. 3B, Street LightMaintenance Districts Nos. 1 and 6 for Case No. DRC201500681, Located at the Northeast Corner of Archibald Avenue and Arrow Route. (RESOLUTION NOS. 2021116, 2021117 AND 2021118) (CITY) D11.Consideration of a Resolution to Amend the Estacia Street, et al. Residential Permit Parking District to Add Dorset Court East of Elmhurst Avenue Pursuant to Municipal Code Section 10.50. (RESOLUTION NO. 2021119) (CITY) D12.Consideration of the Improvement Agreement and Improvement Securities for Street Improvements, Order Annexation to Landscape Maintenance District No. 3B, Street Light Maintenance Districts Nos. 1 and 6 for Case No. DRC201900381, Located at the Northeast Corner of Foothill Boulevard and Red Hill Country Club Drive. (RESOLUTION NOS. 2021120, 2021121 AND 2021122) (CITY) D13.Consideration to Order the Annexation to Landscape Maintenance District No. 1 and Street Light Maintenance Districts Nos. 1 and 2 Related to Case No. PMT202101562, Located at 10163 26th Street. (RESOLUTION NO. 2021123, 2021124 AND 2021125) (CITY) D14.Consideration of an Appropriation in the Amount of $15,000 for the Central Park Dog Park project. (CITY) E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION E1.Consideration of Second Reading and Adoption of the Following: Ordinance No. 986 An Ordinance of the City Council of the City of Rancho Cucamonga, California, Adopting Zoning Map Amendment No. DRC202000267, a Request to Amend the Zoning Map Land Use District for Two Parcels of Land from a Split Designation of the NeoIndustrial (NI) and Industrial Employment (IE) Districts to NeoIndustrial (NI) District for 91.39 Acres of Land Located Approximately 1,000 Feet East of Santa Anita Avenue and 2,300 Feet West of Etiwanda Avenue, North of Fourth Street and South of Sixth Street, and Making Findings in Support Thereof Ordinance No. 987 An Ordinance of the City Council of the City of Rancho Cucamonga, California, Approving Development Agreement DRC202100180, Between the City of Rancho Cucamonga and Bridge Point Rancho Cucamonga, LLC, to Facilitate the Development of Two New Industrial Warehouse Buildings Totaling Approximately 2,175,000 Square Feet on Property Located Approximately 1,000 Feet East of Santa Anita Avenue and 2,300 Feet West of Etiwanda Avenue, North of Fourth Street and South of Sixth Street, Adopting an Environmental Impact Report Pursuant to the California Environmental Quality Act, and Making Findings in Support Thereof F. ADMINISTRATIVE HEARING ITEM(S) G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT G1.8:00 PM TIME CERTAIN: PUBLIC HEARING #2 Consideration of City Council District Boundaries, to Include Review of the Demographer’s Preliminary Analysis; Review of the Public Mapping Tool and Inviting the Community to Submit Maps; Review of Staff’s Presentation of Maps Prepared Using the Discussed Criteria; and Receipt of Public Input on Communities of Interest and Potential District Boundaries. (CITY) G2.Consideration of First Reading of Ordinance No. 988, to be Read by Title Only and Waive Further Reading, Amending, Title 17 of the Rancho Cucamonga Municipal Code to Permit Utility Companies to Store Materials and Equipment Associated with Utility Facilities and Infrastructure, to Correct an Omission for Food Manufacturing Uses in the Allowed Land Use Table, Delete an Errant Line Related to Building Height in the Industrial Development Standards Table and Adopt an Uncodified Amendment to Ordinance No. 982 to Exempt Certain Buildings Currently Under Construction from the Amended Use Table. (ORDINANCE NO. 988) (CITY) H. CITY MANAGER'S STAFF REPORT(S) I. COUNCIL BUSINESS I1.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I2.INTERAGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) J. CITY ATTORNEY ITEMS K. IDENTIFICATION OF ITEMS FOR NEXT MEETING L. ADJOURNMENT Adjournment in Memory of Lauren Wasserman, Former City Manager. 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 twentyfour (24) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California; 12505 Cultural Center Drive, Rancho Cucamonga, CA, 91739; and on the City's website. LINDA A. TROYAN, MMC CITY CLERK SERVICES DIRECTOR If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 4772700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. CITY COUNCIL VISION STATEMENT “Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive.” Page 6 59 71 89 107 109 111 139 250 MayorL. Dennis MichaelMayor Pro TemLynne B. KennedyMembers of the CityCouncil:Ryan A. HutchisonKristine D. ScottSam Spagnolo CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDANovember 3, 202110500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TRICOMMUNITIES 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 theCouncil Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00p.m. unless extended by the concurrence of the City Council. Agendas, minutes, and recordings ofmeetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 9097742023. LiveBroadcast available on Channel 3 (RCTV 3).CLOSED SESSION – 4:30 P.M. TRICOMMUNITIES ROOM ROLL CALL: Mayor Michael Mayor Pro Tem 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 ANNOUNCEMENTSD. CONDUCT OF CLOSED SESSIOND1.CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO GOVERNMENTCODE SECTION 54956.9(A) SOUTHWEST VOTER REGISTRATION EDUCATION PROJECT ANDLOUISA OLLAGUE V. CITY OF RANCHO CUCAMONGA; SAN BERNARDINO SUPERIOR COURTCASE NO. CIVRS 1603632. (CITY)D2.CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCESDIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONSWITH THE RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION (RCCEA), TEAMSTERSLOCAL 1932, RANCHO CUCAMONGA MANAGEMENT ASSOCIATION, EXECUTIVE MANAGEMENTGROUP, RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274, FIRE SUPPORT SERVICES ANDFIRE MANAGEMENT EMPLOYEES GROUP – (CITY/FIRE)D3.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8783 ETIWANDA AVENUE/12949 WHITTRAM AVENUE,FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER022916214; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND,PACIFIC AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KULARTRUCK LINE, INC., OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNINGPRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTHABOVE. – CITYD4.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8996 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022928379; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BTC III RANCHOCUCAMONGA LOGISTICS CENTER LP, A DELAWARE LIMITED LIABILITY COMPANY, OWNER;REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIESMAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. CITYD5.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8939 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022929155; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BCORE IE WESTOWNER LLC, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE.NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTHABOVE. – CITYD6.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8949 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916222; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTHABOVE. – CITYD7.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD IDENTIFIED AS PARCELNUMBERS 1090331030000, 1090331040000, 1089581040000; NEGOTIATING PARTIES JOHNGILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, ANDJOSEPH FILIPPI, JOSEPH FILIPPI WINERY AND VINEYARDS; REGARDING PRICE AND TERMS.– (CITY)D8.CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATIONPURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION54956.9: 1 CASE – CITYE. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the CouncilChambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.REGULAR MEETING – 7:00 P.M.COUNCIL CHAMBERSPLEDGE OF ALLEGIANCEROLL CALL:Mayor MichaelMayor Pro Tem KennedyCouncil Members Hutchison, Scott, and SpagnoloA. AMENDMENTS TO THE AGENDAB. ANNOUNCEMENT / PRESENTATIONSB1.Presentation of a Certificate of Sympathy in Memory of Lauren Wasserman, Former City Manager.B2.Rancho Cucamonga's Ranking for Best Cities Where Hispanic/Latinos Fare Best Economically.C. PUBLIC COMMUNICATIONSMembers of the City Council also sit as the Fire Board, Housing Successor Agency, SuccessorAgency, and Public Finance Authority. This is the time and place for the general public to addressthe Fire Protection District, Housing Successor Agency, Successor Agency, Public FinancingAuthority Board, and City Council on any item listed or not listed on the agenda. State law prohibits theFire 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 ProtectionDistrict, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Councilmay 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 theMayor, depending upon the number of individuals desiring to speak. All communications are to beaddressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to themembers 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 anyactivity which might be disruptive to the decorum of the meeting.The public communications period will not exceed one hour prior to the commencement of thebusiness portion of the agenda. During this one hour period, all those who wish to speak on a topiccontained in the business portion of the agenda will be given priority, and no further speaker cards for thesebusiness items (with the exception of public hearing items) will be accepted once the business portion of theagenda commences. Any other public communications which have not concluded during this one hour periodmay resume after the regular business portion of the agenda has been completed.CONSENT CALENDARS:The following Consent Calendar items are expected to be routine and noncontroversial. They will be actedupon 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, andPublic Finance Authority and may act on the consent calendar for those bodies as part of a single motion withthe City Council consent calendar.D. CONSENT CALENDARD1.Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of$1,794,410.59 and City and Fire District Weekly Check Registers (Excluding Checks Issued toSouthern California Gas Company) in the Total Amount of $2,772,751.27 Dated October 11,2021 Through October 24, 2021. (CITY/FIRE)D2.Consideration to Approve City Weekly Check Registers for Checks Issued to SouthernCalifornia Gas Company in the Total Amount of $2009.03 Dated October 11, 2021 ThroughOctober 24, 2021. (CITY)D3.Consideration to Adopt a Resolution Approving Side Letter Agreements Between the RanchoCucamonga Fire Protection District and Fire District Bargaining Units. (RESOLUTION NO.FD 2021032) (FIRE)D4.Consideration to Accept Public Improvements Located South of Wilson Avenue on the EastSide of Winchester Court, Related to Case No. SUBTT18391, as Complete, File the Notice ofCompletion, and Authorize Release of Bonds. (CITY)D5.Consideration to Accept Public Improvements on the North Side of Church Street East ofArchibald Avenue per the Improvement Agreement, Related to Case No. SUBTT17433, asComplete, File the Notice of Completion, and Authorize Release of Bonds. (CITY)D6.Consideration of an Appropriation in the Amount of $20,010 from the Municipal Utility Fund forthe Haven Avenue Cable Bring Up Project. (CITY)D7.Consideration of Amendment No. 3 to the Professional Services Agreement with AbsoluteSecurity International (CO 18102) for Security Guard Services in an Amount Not to Exceed$232,220 and an Appropriation of $4,000 to Account 11333205304. (CITY)D8.Consideration to Continue the Existing Local Emergency Due to the Novel Coronavirus(COVID19) Pandemic. (CITY)D9.Consideration of Amendment No. 1 to the Professional Services Agreement with AufbauCorporation (CO#19107) for the Addition of City Surveyor Services to the Agreement Scopeof Work with No Change to the Rates in Said Agreement. (CITY)D10.Consideration of the Improvement Agreement and Improvement Securities for StreetImprovements, Order Annexation to Landscape Maintenance District No. 3B, Street LightMaintenance Districts Nos. 1 and 6 for Case No. DRC201500681, Located at the NortheastCorner of Archibald Avenue and Arrow Route. (RESOLUTION NOS. 2021116, 2021117AND 2021118) (CITY)D11.Consideration of a Resolution to Amend the Estacia Street, et al. Residential Permit ParkingDistrict to Add Dorset Court East of Elmhurst Avenue Pursuant to Municipal Code Section10.50. (RESOLUTION NO. 2021119) (CITY)D12.Consideration of the Improvement Agreement and Improvement Securities for StreetImprovements, Order Annexation to Landscape Maintenance District No. 3B, Street LightMaintenance Districts Nos. 1 and 6 for Case No. DRC201900381, Located at the NortheastCorner of Foothill Boulevard and Red Hill Country Club Drive. (RESOLUTION NOS. 2021120,2021121 AND 2021122) (CITY)D13.Consideration to Order the Annexation to Landscape Maintenance District No. 1 and StreetLight Maintenance Districts Nos. 1 and 2 Related to Case No. PMT202101562, Located at10163 26th Street. (RESOLUTION NO. 2021123, 2021124 AND 2021125) (CITY)D14.Consideration of an Appropriation in the Amount of $15,000 for the Central Park Dog Parkproject. (CITY)E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTIONE1.Consideration of Second Reading and Adoption of the Following: Ordinance No. 986An Ordinance of the City Council of the City of Rancho Cucamonga, California, Adopting Zoning Map Amendment No.DRC202000267, a Request to Amend the Zoning Map Land Use District for Two Parcels of Land from a SplitDesignation of the NeoIndustrial (NI) and Industrial Employment (IE) Districts to NeoIndustrial (NI) District for 91.39Acres of Land Located Approximately 1,000 Feet East of Santa Anita Avenue and 2,300 Feet West of Etiwanda Avenue,North of Fourth Street and South of Sixth Street, and Making Findings in Support ThereofOrdinance No. 987An Ordinance of the City Council of the City of Rancho Cucamonga, California, Approving Development AgreementDRC202100180, Between the City of Rancho Cucamonga and Bridge Point Rancho Cucamonga, LLC, to Facilitate theDevelopment of Two New Industrial Warehouse Buildings Totaling Approximately 2,175,000 Square Feet on PropertyLocated Approximately 1,000 Feet East of Santa Anita Avenue and 2,300 Feet West of Etiwanda Avenue, North of FourthStreet and South of Sixth Street, Adopting an Environmental Impact Report Pursuant to the California EnvironmentalQuality Act, and Making Findings in Support Thereof F. ADMINISTRATIVE HEARING ITEM(S)G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICTG1.8:00 PM TIME CERTAIN: PUBLIC HEARING #2 Consideration of City Council District Boundaries,to Include Review of the Demographer’s Preliminary Analysis; Review of the Public Mapping Tool andInviting the Community to Submit Maps; Review of Staff’s Presentation of Maps Prepared Using the Discussed Criteria; and Receipt of Public Input on Communities of Interest and Potential District Boundaries. (CITY) G2.Consideration of First Reading of Ordinance No. 988, to be Read by Title Only and Waive Further Reading, Amending, Title 17 of the Rancho Cucamonga Municipal Code to Permit Utility Companies to Store Materials and Equipment Associated with Utility Facilities and Infrastructure, to Correct an Omission for Food Manufacturing Uses in the Allowed Land Use Table, Delete an Errant Line Related to Building Height in the Industrial Development Standards Table and Adopt an Uncodified Amendment to Ordinance No. 982 to Exempt Certain Buildings Currently Under Construction from the Amended Use Table. (ORDINANCE NO. 988) (CITY) H. CITY MANAGER'S STAFF REPORT(S) I. COUNCIL BUSINESS I1.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I2.INTERAGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) J. CITY ATTORNEY ITEMS K. IDENTIFICATION OF ITEMS FOR NEXT MEETING L. ADJOURNMENT Adjournment in Memory of Lauren Wasserman, Former City Manager. 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 twentyfour (24) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California; 12505 Cultural Center Drive, Rancho Cucamonga, CA, 91739; and on the City's website. LINDA A. TROYAN, MMC CITY CLERK SERVICES DIRECTOR If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 4772700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. CITY COUNCIL VISION STATEMENT “Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive.” Page 7 254 --- --- MayorL. Dennis MichaelMayor Pro TemLynne B. KennedyMembers of the CityCouncil:Ryan A. HutchisonKristine D. ScottSam Spagnolo CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDANovember 3, 202110500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TRICOMMUNITIES 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 theCouncil Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00p.m. unless extended by the concurrence of the City Council. Agendas, minutes, and recordings ofmeetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 9097742023. LiveBroadcast available on Channel 3 (RCTV 3).CLOSED SESSION – 4:30 P.M. TRICOMMUNITIES ROOM ROLL CALL: Mayor Michael Mayor Pro Tem 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 ANNOUNCEMENTSD. CONDUCT OF CLOSED SESSIOND1.CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO GOVERNMENTCODE SECTION 54956.9(A) SOUTHWEST VOTER REGISTRATION EDUCATION PROJECT ANDLOUISA OLLAGUE V. CITY OF RANCHO CUCAMONGA; SAN BERNARDINO SUPERIOR COURTCASE NO. CIVRS 1603632. (CITY)D2.CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCESDIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONSWITH THE RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION (RCCEA), TEAMSTERSLOCAL 1932, RANCHO CUCAMONGA MANAGEMENT ASSOCIATION, EXECUTIVE MANAGEMENTGROUP, RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274, FIRE SUPPORT SERVICES ANDFIRE MANAGEMENT EMPLOYEES GROUP – (CITY/FIRE)D3.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8783 ETIWANDA AVENUE/12949 WHITTRAM AVENUE,FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER022916214; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND,PACIFIC AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KULARTRUCK LINE, INC., OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNINGPRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTHABOVE. – CITYD4.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8996 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022928379; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BTC III RANCHOCUCAMONGA LOGISTICS CENTER LP, A DELAWARE LIMITED LIABILITY COMPANY, OWNER;REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIESMAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. CITYD5.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8939 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022929155; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BCORE IE WESTOWNER LLC, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE.NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTHABOVE. – CITYD6.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8949 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916222; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTHABOVE. – CITYD7.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD IDENTIFIED AS PARCELNUMBERS 1090331030000, 1090331040000, 1089581040000; NEGOTIATING PARTIES JOHNGILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, ANDJOSEPH FILIPPI, JOSEPH FILIPPI WINERY AND VINEYARDS; REGARDING PRICE AND TERMS.– (CITY)D8.CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATIONPURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION54956.9: 1 CASE – CITYE. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the CouncilChambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.REGULAR MEETING – 7:00 P.M.COUNCIL CHAMBERSPLEDGE OF ALLEGIANCEROLL CALL:Mayor MichaelMayor Pro Tem KennedyCouncil Members Hutchison, Scott, and SpagnoloA. AMENDMENTS TO THE AGENDAB. ANNOUNCEMENT / PRESENTATIONSB1.Presentation of a Certificate of Sympathy in Memory of Lauren Wasserman, Former City Manager.B2.Rancho Cucamonga's Ranking for Best Cities Where Hispanic/Latinos Fare Best Economically.C. PUBLIC COMMUNICATIONSMembers of the City Council also sit as the Fire Board, Housing Successor Agency, SuccessorAgency, and Public Finance Authority. This is the time and place for the general public to addressthe Fire Protection District, Housing Successor Agency, Successor Agency, Public FinancingAuthority Board, and City Council on any item listed or not listed on the agenda. State law prohibits theFire 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 ProtectionDistrict, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Councilmay 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 theMayor, depending upon the number of individuals desiring to speak. All communications are to beaddressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to themembers 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 anyactivity which might be disruptive to the decorum of the meeting.The public communications period will not exceed one hour prior to the commencement of thebusiness portion of the agenda. During this one hour period, all those who wish to speak on a topiccontained in the business portion of the agenda will be given priority, and no further speaker cards for thesebusiness items (with the exception of public hearing items) will be accepted once the business portion of theagenda commences. Any other public communications which have not concluded during this one hour periodmay resume after the regular business portion of the agenda has been completed.CONSENT CALENDARS:The following Consent Calendar items are expected to be routine and noncontroversial. They will be actedupon 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, andPublic Finance Authority and may act on the consent calendar for those bodies as part of a single motion withthe City Council consent calendar.D. CONSENT CALENDARD1.Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of$1,794,410.59 and City and Fire District Weekly Check Registers (Excluding Checks Issued toSouthern California Gas Company) in the Total Amount of $2,772,751.27 Dated October 11,2021 Through October 24, 2021. (CITY/FIRE)D2.Consideration to Approve City Weekly Check Registers for Checks Issued to SouthernCalifornia Gas Company in the Total Amount of $2009.03 Dated October 11, 2021 ThroughOctober 24, 2021. (CITY)D3.Consideration to Adopt a Resolution Approving Side Letter Agreements Between the RanchoCucamonga Fire Protection District and Fire District Bargaining Units. (RESOLUTION NO.FD 2021032) (FIRE)D4.Consideration to Accept Public Improvements Located South of Wilson Avenue on the EastSide of Winchester Court, Related to Case No. SUBTT18391, as Complete, File the Notice ofCompletion, and Authorize Release of Bonds. (CITY)D5.Consideration to Accept Public Improvements on the North Side of Church Street East ofArchibald Avenue per the Improvement Agreement, Related to Case No. SUBTT17433, asComplete, File the Notice of Completion, and Authorize Release of Bonds. (CITY)D6.Consideration of an Appropriation in the Amount of $20,010 from the Municipal Utility Fund forthe Haven Avenue Cable Bring Up Project. (CITY)D7.Consideration of Amendment No. 3 to the Professional Services Agreement with AbsoluteSecurity International (CO 18102) for Security Guard Services in an Amount Not to Exceed$232,220 and an Appropriation of $4,000 to Account 11333205304. (CITY)D8.Consideration to Continue the Existing Local Emergency Due to the Novel Coronavirus(COVID19) Pandemic. (CITY)D9.Consideration of Amendment No. 1 to the Professional Services Agreement with AufbauCorporation (CO#19107) for the Addition of City Surveyor Services to the Agreement Scopeof Work with No Change to the Rates in Said Agreement. (CITY)D10.Consideration of the Improvement Agreement and Improvement Securities for StreetImprovements, Order Annexation to Landscape Maintenance District No. 3B, Street LightMaintenance Districts Nos. 1 and 6 for Case No. DRC201500681, Located at the NortheastCorner of Archibald Avenue and Arrow Route. (RESOLUTION NOS. 2021116, 2021117AND 2021118) (CITY)D11.Consideration of a Resolution to Amend the Estacia Street, et al. Residential Permit ParkingDistrict to Add Dorset Court East of Elmhurst Avenue Pursuant to Municipal Code Section10.50. (RESOLUTION NO. 2021119) (CITY)D12.Consideration of the Improvement Agreement and Improvement Securities for StreetImprovements, Order Annexation to Landscape Maintenance District No. 3B, Street LightMaintenance Districts Nos. 1 and 6 for Case No. DRC201900381, Located at the NortheastCorner of Foothill Boulevard and Red Hill Country Club Drive. (RESOLUTION NOS. 2021120,2021121 AND 2021122) (CITY)D13.Consideration to Order the Annexation to Landscape Maintenance District No. 1 and StreetLight Maintenance Districts Nos. 1 and 2 Related to Case No. PMT202101562, Located at10163 26th Street. (RESOLUTION NO. 2021123, 2021124 AND 2021125) (CITY)D14.Consideration of an Appropriation in the Amount of $15,000 for the Central Park Dog Parkproject. (CITY)E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTIONE1.Consideration of Second Reading and Adoption of the Following: Ordinance No. 986An Ordinance of the City Council of the City of Rancho Cucamonga, California, Adopting Zoning Map Amendment No.DRC202000267, a Request to Amend the Zoning Map Land Use District for Two Parcels of Land from a SplitDesignation of the NeoIndustrial (NI) and Industrial Employment (IE) Districts to NeoIndustrial (NI) District for 91.39Acres of Land Located Approximately 1,000 Feet East of Santa Anita Avenue and 2,300 Feet West of Etiwanda Avenue,North of Fourth Street and South of Sixth Street, and Making Findings in Support ThereofOrdinance No. 987An Ordinance of the City Council of the City of Rancho Cucamonga, California, Approving Development AgreementDRC202100180, Between the City of Rancho Cucamonga and Bridge Point Rancho Cucamonga, LLC, to Facilitate theDevelopment of Two New Industrial Warehouse Buildings Totaling Approximately 2,175,000 Square Feet on PropertyLocated Approximately 1,000 Feet East of Santa Anita Avenue and 2,300 Feet West of Etiwanda Avenue, North of FourthStreet and South of Sixth Street, Adopting an Environmental Impact Report Pursuant to the California EnvironmentalQuality Act, and Making Findings in Support Thereof F. ADMINISTRATIVE HEARING ITEM(S)G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICTG1.8:00 PM TIME CERTAIN: PUBLIC HEARING #2 Consideration of City Council District Boundaries,to Include Review of the Demographer’s Preliminary Analysis; Review of the Public Mapping Tool andInviting the Community to Submit Maps; Review of Staff’s Presentation of Maps Prepared Using theDiscussed Criteria; and Receipt of Public Input on Communities of Interest and Potential DistrictBoundaries. (CITY)G2.Consideration of First Reading of Ordinance No. 988, to be Read by Title Only and Waive FurtherReading, Amending, Title 17 of the Rancho Cucamonga Municipal Code to Permit Utility Companiesto Store Materials and Equipment Associated with Utility Facilities and Infrastructure, to Correct anOmission for Food Manufacturing Uses in the Allowed Land Use Table, Delete an Errant Line Relatedto Building Height in the Industrial Development Standards Table and Adopt an UncodifiedAmendment to Ordinance No. 982 to Exempt Certain Buildings Currently Under Construction fromthe Amended Use Table. (ORDINANCE NO. 988) (CITY)H. CITY MANAGER'S STAFF REPORT(S)I. COUNCIL BUSINESSI1.COUNCIL ANNOUNCEMENTS(Comments to be limited to three minutes per Council Member.)I2.INTERAGENCY UPDATES(Update by the City Council to the community on the meetings that were attended.)J. CITY ATTORNEY ITEMSK. IDENTIFICATION OF ITEMS FOR NEXT MEETINGL. ADJOURNMENT Adjournment in Memory of Lauren Wasserman, Former City Manager. 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 twentyfour (24) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California; 12505 Cultural Center Drive, Rancho Cucamonga, CA, 91739; and on the City's website. LINDA A. TROYAN, MMC CITY CLERK SERVICES DIRECTOR If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 4772700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. CITY COUNCIL VISION STATEMENT “Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive.” Page 8 SmartAsset’s 2021 Cities Where Hispanic Americans Fare Best Economically SmartAsset’s 2021 survey ranks Rancho Cucamonga among the top cities in the country for Hispanic Americans to fare best economically. SmartAsset’s 2021 Cities Where Hispanic Americans Fare Best Economically SmartAsset ranked 120 cities across five metrics to identify Cities Where Hispanic Americans Fare Best Economically City of Rancho Cucamonga Ranked #3 in the Nation Analysis based on 5 factors: •Median Hispanic Household Income •Hispanic Homeownership Rate •Poverty Rates for Hispanic Adults •Percentage of Hispanic Adults with a Bachelor’s Degree •Percentage of Hispanic Business Owners SmartAsset’s 2021 Cities Where Hispanic Americans Fare Best Economically SmartAsset’s 2021 Cities Where Hispanic Americans Fare Best Economically SmartAsset’s 2021 Cities Where Hispanic Americans Fare Best Economically 10% increase SmartAsset’s 2021 Cities Where Hispanic Americans Fare Best Economically SmartAsset’s 2021 Cities Where Hispanic Americans Fare Best Economically Rancho Cucamonga, California U.S. Census Bureau Label Hispanic-Occupied Home 2019 Hispanic Homeownership 2019 % 2019 Hispanic or Latino Origin 19,536 10,580 54.16% SmartAsset’s 2021 Cities Where Hispanic Americans Fare Best Economically 6.2% SmartAsset’s 2021 Cities Where Hispanic Americans Fare Best Economically SmartAsset’s 2021 Cities Where Hispanic Americans Fare Best Economically Thank you Questions or Comments? SmartAsset’s 2021 Cities Where Hispanic Americans Fare Best Economically DATE:November 3, 2021 TO:Mayor and Members of the City Council President and Members of the Boards of Directors FROM:John R. Gillison, City Manager INITIATED BY:Tamara L. Oatman, Finance Director Veronica Lopez, Accounts Payable Supervisor SUBJECT:Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of $1,794,410.59 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $2,772,751.27 Dated October 11, 2021 Through October 24, 2021. (CITY/FIRE) RECOMMENDATION: Staff recommends City Council/Board of Directors of the Fire Protection District approve payment of demands as presented. Bi-weekly payroll is $1,031,128.82 and $763,281.77 for the City and the Fire District, respectively. Weekly check register amounts are $2,490,595.93 and $282,155.34 for the City and the Fire District, respectively. BACKGROUND: N/A ANALYSIS: N/A FISCAL IMPACT: Adequate budgeted funds are available for the payment of demands per the attached listing. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: N/A ATTACHMENTS: Attachment 1 - Weekly Check Register Page 9 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 10/11/2021 through 10/24/2021 Check No.Check Date Vendor Name City Fire Amount AP 00013209 10/13/2021 AIR EXCHANGE INC 0.00 493.37 493.37 AP 00013210 10/13/2021 ALL CITY MANAGEMENT SERVICES INC 10,906.66 0.00 10,906.66 AP 00013211 10/13/2021 CALPINE ENERGY SERVICES LP 114,750.00 0.00 114,750.00 AP 00013212 10/13/2021 CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT 403.08 0.00 403.08 AP 00013213 10/13/2021 CONFIRE JPA 0.00 192,333.50 192,333.50 AP 00013214 10/13/2021 ELECNOR BELCO ELECTRIC INC 116,246.99 0.00 116,246.99 AP 00013215 10/13/2021 GEOGRAPHICS 52.50 0.00 52.50 AP 00013216 10/13/2021 HAMPTON YOGA 35.00 0.00 35.00 AP 00013217 10/13/2021 RE ASTORIA 2 LLC 103,102.97 0.00 103,102.97 AP 00013218 10/13/2021 SAN BERNARDINO COUNTY 412.00 0.00 412.00 AP 00013219 10/14/2021 BIBLIOTHECA LLC 5,002.79 0.00 5,002.79 AP 00013221 10/14/2021 BRODART BOOKS CO 7,544.58 0.00 7,544.58 AP 00013222 10/14/2021 CARQUEST AUTO PARTS 163.86 0.00 163.86 ***AP 00013223 10/14/2021 EMCOR SERVICES 19,196.00 425.00 19,621.00 AP 00013224 10/14/2021 OFFICE DEPOT 700.07 0.00 700.07 AP 00013225 10/14/2021 SUNRISE FORD 479.72 0.00 479.72 AP 00013228 10/20/2021 360 DEEP CLEANING LLC 0.00 4,907.50 4,907.50 AP 00013229 10/20/2021 CALIF GOVERNMENT VEBA / RANCHO CUCAMONGA 29,305.69 0.00 29,305.69 AP 00013230 10/20/2021 FEHR & PEERS 893.50 0.00 893.50 AP 00013231 10/20/2021 RCCEA 1,557.50 0.00 1,557.50 AP 00013232 10/20/2021 RCPFA 12,450.81 0.00 12,450.81 ***AP 00013233 10/20/2021 RICHARDS WATSON AND GERSHON 83,919.88 1,431.30 85,351.18 AP 00013234 10/20/2021 RIVERSIDE, CITY OF 6,909.00 0.00 6,909.00 AP 00013235 10/21/2021 AIRGAS USA LLC 0.00 537.24 537.24 AP 00013236 10/21/2021 CARQUEST AUTO PARTS 830.54 0.00 830.54 AP 00013237 10/21/2021 DUNN EDWARDS CORPORATION 99.55 0.00 99.55 AP 00013238 10/21/2021 EWING IRRIGATION PRODUCTS 343.97 0.00 343.97 AP 00013239 10/21/2021 HOSE MAN INC 289.39 0.00 289.39 AP 00013240 10/21/2021 KME FIRE APPARATUS 0.00 398.68 398.68 ***AP 00013241 10/21/2021 OFFICE DEPOT 1,340.80 708.31 2,049.11 AP 00013242 10/21/2021 PSA PRINT GROUP 2,955.27 0.00 2,955.27 AP 00013243 10/21/2021 SUNRISE FORD 238.37 0.00 238.37 AP 00420640 10/13/2021 ADAMS, TERESA 20.00 0.00 20.00 AP 00420641 10/13/2021 ADOBE ANIMAL HOSPITAL 200.00 0.00 200.00 AP 00420642 10/13/2021 ANIMAL HEALTH DIAGNOSTIC CENTER 15.00 0.00 15.00 AP 00420643 10/13/2021 AQUABIO ENVIRONMENTAL TECHNOLOGIES INC 1,450.00 0.00 1,450.00 AP 00420644 10/13/2021 ARCHIBALD PET HOSPITAL 250.00 0.00 250.00 AP 00420645 10/13/2021 AUTOLIFT SERVICES INC 0.00 4,736.73 4,736.73 AP 00420646 10/13/2021 BAKER & TAYLOR LLC 67.41 0.00 67.41 AP 00420647 10/13/2021 BANK OF NEW YORK MELLON, THE 0.00 944.16 944.16 AP 00420648 10/13/2021 C V W D 661.35 0.00 661.35 AP 00420649 10/13/2021 C V W D 0.00 546.07 546.07 AP 00420650 10/13/2021 C V W D 0.00 46.00 46.00 AP 00420651 10/13/2021 C V W D 0.00 334.35 334.35 AP 00420655 10/13/2021 C V W D 75,007.08 0.00 75,007.08 AP 00420656 10/13/2021 CACEO 38.00 0.00 38.00 AP 00420657 10/13/2021 CALIFORNIA BUILDING STANDARDS COMMISSION 1,852.20 0.00 1,852.20 08:37:57 10/25/2021Current Date:VLOPEZ - Veronica Lopez Page:1 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 10 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 10/11/2021 through 10/24/2021 Check No.Check Date Vendor Name City Fire Amount AP 00420658 10/13/2021 CART RETRIEVAL INC 450.00 0.00 450.00 AP 00420659 10/13/2021 CCS ORANGE COUNTY JANITORIAL INC 63,773.50 0.00 63,773.50 AP 00420660 10/13/2021 CERTIFIED TOWING INC 325.00 0.00 325.00 ***AP 00420661 10/13/2021 CINTAS CORPORATION #150 2,205.31 683.33 2,888.64 AP 00420662 10/13/2021 CIVIC SOLUTIONS INC 11,770.00 0.00 11,770.00 AP 00420663 10/13/2021 COMEAU, CHAD 0.00 320.00 320.00 AP 00420664 10/13/2021 CONOR CONSULTING LLC 187.50 0.00 187.50 AP 00420665 10/13/2021 COVETRUS NORTH AMERICA 1,477.48 0.00 1,477.48 AP 00420666 10/13/2021 CRIME SCENE STERI-CLEAN LLC 540.00 0.00 540.00 AP 00420667 10/13/2021 D & K CONCRETE COMPANY 3,917.81 0.00 3,917.81 AP 00420668 10/13/2021 DEPARTMENT OF CONSERVATION 6,688.23 0.00 6,688.23 AP 00420669 10/13/2021 DIRECTV 186.24 0.00 186.24 AP 00420670 10/13/2021 EAN SERVICES LLC 0.00 6,978.24 6,978.24 AP 00420671 10/13/2021 FILSAIME, NICKY 283.57 0.00 283.57 AP 00420672 10/13/2021 FIRST AMERICAN DATA TREE LLC 1,800.00 0.00 1,800.00 AP 00420673 10/13/2021 FITNESS REPAIR SHOP 1,994.74 0.00 1,994.74 AP 00420674 10/13/2021 FORTIN LAW GROUP 4,327.00 0.00 4,327.00 AP 00420675 10/13/2021 GARCIA, MELINDA 34.89 0.00 34.89 AP 00420676 10/13/2021 GATEWAY PET CEMETERY & CREMATORY 510.00 0.00 510.00 AP 00420677 10/13/2021 GILLISON, JOHN 72.23 0.00 72.23 AP 00420678 10/13/2021 GOLDEN OAKS VET HOSPITAL 200.00 0.00 200.00 ***AP 00420679 10/13/2021 GRAINGER 2,135.49 961.08 3,096.57 AP 00420680 10/13/2021 GRAYBAR ELECTRIC COMPANY INC 670.07 0.00 670.07 AP 00420681 10/13/2021 HICKS, DANIELLE 60.00 0.00 60.00 AP 00420682 10/13/2021 HILLS PET NUTRITION SALES INC 3,102.88 0.00 3,102.88 AP 00420683 10/13/2021 HORTON, D R 810.72 0.00 810.72 AP 00420684 10/13/2021 HOYT LUMBER CO, S M 0.00 14.51 14.51 AP 00420685 10/13/2021 HUMANE SOCIETY OF SAN BERNARDINO VALLEY 400.00 0.00 400.00 AP 00420686 10/13/2021 IDEXX DISTRIBUTION INC 3,901.56 0.00 3,901.56 AP 00420687 10/13/2021 INTERVET INC 2,890.50 0.00 2,890.50 AP 00420688 10/13/2021 ITERIS INC 6,798.00 0.00 6,798.00 AP 00420689 10/13/2021 ITRON INC 7,905.68 0.00 7,905.68 AP 00420690 10/13/2021 KA ART PRODUCTIONS 1,400.00 0.00 1,400.00 AP 00420691 10/13/2021 KASO SHIYOMURA-BALBUENA 500.00 0.00 500.00 AP 00420692 10/13/2021 LAW OFFICES OF AZIZ 41.68 0.00 41.68 AP 00420693 10/13/2021 LEVEL 3 COMMUNICATIONS LLC 5,482.10 0.00 5,482.10 AP 00420694 10/13/2021 LIFE-ASSIST INC 0.00 4,590.63 4,590.63 ***AP 00420696 10/13/2021 LOWES COMPANIES INC 6,329.58 980.73 7,310.31 ***AP 00420697 10/13/2021 MARIPOSA LANDSCAPES INC 29,335.54 2,501.57 31,837.11 AP 00420698 10/13/2021 MARLINK INC 0.00 162.00 162.00 AP 00420699 10/13/2021 MARTINEZ, ALFREDO 20.00 0.00 20.00 AP 00420700 10/13/2021 MARY MCGRATH ARCHITECTS 0.00 5,042.20 5,042.20 AP 00420701 10/13/2021 MCMASTER-CARR SUPPLY COMPANY 0.00 34.92 34.92 AP 00420702 10/13/2021 MEDIWASTE DISPOSAL 40.00 0.00 40.00 AP 00420703 10/13/2021 MIDWEST TAPE 3,295.18 0.00 3,295.18 ***AP 00420704 10/13/2021 NAPA AUTO PARTS 142.62 621.91 764.53 AP 00420705 10/13/2021 NECESITO, EDELVIRA 408.00 0.00 408.00 08:37:57 10/25/2021Current Date:VLOPEZ - Veronica Lopez Page:2 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 11 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 10/11/2021 through 10/24/2021 Check No.Check Date Vendor Name City Fire Amount AP 00420706 10/13/2021 NEW COLOR SILK SCREEN & GRAPHICS 1,192.19 0.00 1,192.19 AP 00420707 10/13/2021 NEWCO DISTRIBUTORS INC 861.46 0.00 861.46 AP 00420708 10/13/2021 NINYO & MOORE 0.00 3,175.00 3,175.00 AP 00420709 10/13/2021 NV5 INC 9,744.53 0.00 9,744.53 AP 00420710 10/13/2021 ONTRAC 43.06 0.00 43.06 AP 00420711 10/13/2021 OPEN APPS INC 16,931.03 0.00 16,931.03 AP 00420712 10/13/2021 PACIFIC UTILITY INSTALLATION INC 960.00 0.00 960.00 AP 00420713 10/13/2021 PRISTINE UNIFORMS LLC 0.00 237.05 237.05 AP 00420714 10/13/2021 PRO SPRAY EQUIPMENT 43.29 0.00 43.29 AP 00420715 10/13/2021 PROHEALTH PARTNERS A MEDICAL GROUP INC 0.00 600.00 600.00 AP 00420716 10/13/2021 RANCHO PLAZA HOLDINGS 10,000.00 0.00 10,000.00 AP 00420717 10/13/2021 RANCHO WEST ANIMAL HOSPITAL 300.00 0.00 300.00 AP 00420718 10/13/2021 RINCON CONSULTANTS INC 22,756.95 0.00 22,756.95 AP 00420719 10/13/2021 RIVERSIDE COUNTY SHERIFFS DEPT 226.00 0.00 226.00 AP 00420720 10/13/2021 ROELLING, RON 57.00 0.00 57.00 AP 00420721 10/13/2021 S K L CONSTRUCTION 3,120.00 0.00 3,120.00 AP 00420722 10/13/2021 SAFE-ENTRY TECHNICAL INC 0.00 775.00 775.00 AP 00420723 10/13/2021 SAN BERNARDINO COUNTY 0.00 12,181.12 12,181.12 AP 00420724 10/13/2021 SAUSEDA, APRIL 150.00 0.00 150.00 AP 00420725 10/13/2021 SCL 0.00 7,628.23 7,628.23 AP 00420726 10/13/2021 SHOR-LINE 279.02 0.00 279.02 AP 00420727 10/13/2021 SHRED PROS 0.00 63.00 63.00 AP 00420728 10/13/2021 SKIN PERFECT 1,066.53 0.00 1,066.53 AP 00420729 10/13/2021 SONATO, RAMIRO 88.00 0.00 88.00 AP 00420730 10/13/2021 SOUTHERN CALIF FLEET SERVICES INC 0.00 6,116.03 6,116.03 ***AP 00420735 10/13/2021 SOUTHERN CALIFORNIA EDISON 116,165.94 4,088.13 120,254.07 AP 00420736 10/13/2021 STATE FIRE TRAINING 0.00 200.00 200.00 AP 00420737 10/13/2021 STOTZ EQUIPMENT 1,113.78 0.00 1,113.78 AP 00420738 10/13/2021 SUN BADGE CO 0.00 1,241.62 1,241.62 AP 00420739 10/13/2021 TIREHUB LLC 5,499.51 0.00 5,499.51 AP 00420740 10/13/2021 TOPOLESKI, PAUL 0.00 1,011.00 1,011.00 AP 00420741 10/13/2021 TOWILL INC 17,449.25 0.00 17,449.25 AP 00420742 10/13/2021 U.S. BANK PARS ACCT #6746022500 13,746.18 0.00 13,746.18 AP 00420743 10/13/2021 U.S. BANK PARS ACCT #6746022500 1,124.60 0.00 1,124.60 AP 00420744 10/13/2021 U.S. BANK PARS ACCT #6745033700 6,605.00 0.00 6,605.00 AP 00420745 10/13/2021 ULINE 99.23 0.00 99.23 AP 00420746 10/13/2021 UNITED SITE SERVICES OF CA INC 301.45 0.00 301.45 AP 00420747 10/13/2021 UNITY COURIER SERVICE INC 1,143.00 0.00 1,143.00 AP 00420748 10/13/2021 VCA CALIFORNIA VETERINARY SPECIALISTS 140.00 0.00 140.00 AP 00420749 10/13/2021 VELOCITY TRUCK CENTERS 0.00 171.09 171.09 AP 00420750 10/13/2021 VERIZON WIRELESS - LA 5,616.85 0.00 5,616.85 AP 00420751 10/13/2021 VERIZON WIRELESS - LA 92.64 0.00 92.64 AP 00420752 10/13/2021 VETERINARY ANESTHESIA SUPPORT 1,063.92 0.00 1,063.92 AP 00420753 10/13/2021 VETS CHOICE RADIOLOGY 65.00 0.00 65.00 AP 00420754 10/13/2021 VICTOR MEDICAL COMPANY 9,663.36 0.00 9,663.36 AP 00420755 10/13/2021 VIGILANT SOLUTIONS LLC 97,230.99 0.00 97,230.99 AP 00420756 10/13/2021 VIGILANT SOLUTIONS LLC 91,296.54 0.00 91,296.54 08:37:57 10/25/2021Current Date:VLOPEZ - Veronica Lopez Page:3 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 12 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 10/11/2021 through 10/24/2021 Check No.Check Date Vendor Name City Fire Amount AP 00420757 10/13/2021 VIRTUAL PROJECT MANAGER LLC 500.00 0.00 500.00 AP 00420758 10/13/2021 WAXIE SANITARY SUPPLY 6.44 0.00 6.44 AP 00420759 10/13/2021 WEST COAST ARBORISTS INC 24,559.05 0.00 24,559.05 AP 00420760 10/13/2021 WILLDAN GROUP 2,030.00 0.00 2,030.00 AP 00420761 10/13/2021 WILLDAN GROUP 543.00 0.00 543.00 AP 00420762 10/13/2021 WILLDAN GROUP 2,613.50 0.00 2,613.50 AP 00420763 10/13/2021 WINDHAM, SUNDRA 40.55 0.00 40.55 AP 00420764 10/13/2021 XIAO, DONGQING 48.94 0.00 48.94 AP 00420765 10/13/2021 ZOETIS US LLC 260.09 0.00 260.09 AP 00420766 10/13/2021 ZOHO CORPORATION 2,999.00 0.00 2,999.00 AP 00420767 10/18/2021 BUCHANAN, GARY 8,840.00 0.00 8,840.00 AP 00420768 10/20/2021 49ER COMMUNICATIONS INC 0.00 164.32 164.32 ***AP 00420769 10/20/2021 ADVANCED CHEMICAL TRANSPORT INC 1,067.12 544.60 1,611.72 AP 00420770 10/20/2021 AFLAC GROUP INSURANCE 24.58 0.00 24.58 AP 00420771 10/20/2021 ALLSTAR FIRE EQUIPMENT INC 0.00 470.49 470.49 AP 00420772 10/20/2021 AMERICAN PLANNING ASSOCIATION 788.00 0.00 788.00 AP 00420773 10/20/2021 AMS PLANNING & RESEARCH CORP 11,774.90 0.00 11,774.90 AP 00420774 10/20/2021 ASCAP 1,938.81 0.00 1,938.81 AP 00420775 10/20/2021 ASCENT ENVIRONMENTAL INC 1,953.75 0.00 1,953.75 AP 00420776 10/20/2021 ASSI SECURITY 1,955.00 0.00 1,955.00 AP 00420777 10/20/2021 BAKER & TAYLOR LLC 25.54 0.00 25.54 AP 00420778 10/20/2021 BEE REMOVERS 295.00 0.00 295.00 ***AP 00420781 10/20/2021 C V W D 40,231.70 793.60 41,025.30 ***AP 00420782 10/20/2021 CALIFORNIA DEPT OF TAX & FEE ADMINISTRATION 179.56 242.76 422.32 AP 00420783 10/20/2021 CALIFORNIA DEPT OF TAX & FEE ADMINISTRATION 7,558.00 0.00 7,558.00 AP 00420784 10/20/2021 CALIFORNIA, STATE OF 314.11 0.00 314.11 AP 00420785 10/20/2021 CALIFORNIA, STATE OF 127.52 0.00 127.52 AP 00420786 10/20/2021 CALIFORNIA, STATE OF 32.26 0.00 32.26 AP 00420787 10/20/2021 CALIFORNIA, STATE OF 342.73 0.00 342.73 AP 00420788 10/20/2021 CalPERS LONG-TERM CARE PROGRAM 116.50 0.00 116.50 AP 00420789 10/20/2021 CAPPO 0.00 495.00 495.00 AP 00420790 10/20/2021 CCS ORANGE COUNTY JANITORIAL INC 142.00 0.00 142.00 AP 00420791 10/20/2021 CENGAGE LEARNING INC / GALE 3,179.02 0.00 3,179.02 AP 00420792 10/20/2021 CERTIFIED TOWING INC 125.00 0.00 125.00 AP 00420793 10/20/2021 CHAMPION AWARDS & SPECIALTIES 77.58 0.00 77.58 AP 00420794 10/20/2021 CINTAS CORPORATION #150 0.00 159.67 159.67 AP 00420795 10/20/2021 CIRCLEPOINT 5,130.00 0.00 5,130.00 AP 00420796 10/20/2021 COASTLINE EQUIPMENT 9,062.44 0.00 9,062.44 AP 00420797 10/20/2021 COMPRESSED AIR SPECIALTIES 0.00 666.20 666.20 AP 00420798 10/20/2021 CONSOLIDATED ELECTRICAL DISTR INC 183.71 0.00 183.71 AP 00420799 10/20/2021 CORODATA MEDIA STORAGE INC 63.75 0.00 63.75 AP 00420800 10/20/2021 DATA ARC LLC 7,064.15 0.00 7,064.15 AP 00420801 10/20/2021 DATA TICKET INC 10,233.41 0.00 10,233.41 AP 00420802 10/20/2021 DEPARTMENT OF JUSTICE 448.00 0.00 448.00 AP 00420803 10/20/2021 DEPENDABLE COMPANY INC 32.50 0.00 32.50 AP 00420804 10/20/2021 DIRECTV 88.99 0.00 88.99 AP 00420805 10/20/2021 DIVISION OF THE STATE ARCHITECT 1,284.50 0.00 1,284.50 08:37:57 10/25/2021Current Date:VLOPEZ - Veronica Lopez Page:4 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 13 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 10/11/2021 through 10/24/2021 Check No.Check Date Vendor Name City Fire Amount AP 00420806 10/20/2021 EBSCO INFORMATION SERVICES 24,055.00 0.00 24,055.00 AP 00420807 10/20/2021 EXECUTIVE DETAIL SERVICES 0.00 300.00 300.00 AP 00420808 10/20/2021 EXPERIAN 52.00 0.00 52.00 AP 00420809 10/20/2021 EXPRESS BRAKE SUPPLY INC 214.47 0.00 214.47 AP 00420810 10/20/2021 FIELDMAN ROLAPP & ASSOCIATES 253.50 0.00 253.50 ***AP 00420811 10/20/2021 FRONTIER COMM 5,798.07 1,202.30 7,000.37 ***AP 00420812 10/20/2021 GOLDEN STATE RISK MANAGEMENT AUTHORITY 99,578.00 1,232.00 100,810.00 AP 00420813 10/20/2021 GONSALVES & SON, JOE A 3,000.00 0.00 3,000.00 AP 00420814 10/20/2021 GRAINGER 454.71 0.00 454.71 AP 00420815 10/20/2021 GRAPHICS FACTORY PRINTING INC 366.35 0.00 366.35 AP 00420816 10/20/2021 HAMILTON, MONIQUE 196.00 0.00 196.00 AP 00420817 10/20/2021 HERITAGE WELLNESS COLLECTIVE 865.00 0.00 865.00 AP 00420818 10/20/2021 HLP INC 151.20 0.00 151.20 AP 00420819 10/20/2021 HOME DEPOT CREDIT SERVICES 2,782.41 0.00 2,782.41 AP 00420820 10/20/2021 HR GREEN PACIFIC INC 1,935.00 0.00 1,935.00 AP 00420821 10/20/2021 ICMA 2,800.00 0.00 2,800.00 AP 00420822 10/20/2021 INLAND OVERHEAD DOOR COMPANY 0.00 504.00 504.00 AP 00420823 10/20/2021 INTERSTATE ALL BATTERY CENTER 166.32 0.00 166.32 AP 00420824 10/20/2021 KA ART PRODUCTIONS 1,400.00 0.00 1,400.00 AP 00420825 10/20/2021 LANDSCAPE WEST MANAGEMENT SERVICES INC 264,234.61 0.00 264,234.61 AP 00420826 10/20/2021 LAWDIS, STEVE 88.03 0.00 88.03 AP 00420827 10/20/2021 LIEBERT CASSIDY WHITMORE 400.20 0.00 400.20 AP 00420828 10/20/2021 MARCHESE, VINCENT 12.33 0.00 12.33 AP 00420830 10/20/2021 MARIPOSA LANDSCAPES INC 414,599.59 0.00 414,599.59 AP 00420831 10/20/2021 MATLOCK DESIGN BUILD INC 5,885.00 0.00 5,885.00 AP 00420832 10/20/2021 MIDWEST TAPE 487.65 0.00 487.65 AP 00420833 10/20/2021 NAPA AUTO PARTS 120.43 0.00 120.43 AP 00420834 10/20/2021 NAUMANN HOBBS MATERIAL HANDLING 859.32 0.00 859.32 AP 00420835 10/20/2021 NBS 13,200.00 0.00 13,200.00 AP 00420836 10/20/2021 NEW HOME COMPANY, THE 405.36 0.00 405.36 AP 00420837 10/20/2021 NEW URBAN REALTY ADVISORS INC 2,644.33 0.00 2,644.33 AP 00420838 10/20/2021 OAK HILLS ROOFING INC 327.39 0.00 327.39 ***AP 00420839 10/20/2021 OCCUPATIONAL HEALTH CTRS OF CA 2,046.00 32.00 2,078.00 AP 00420840 10/20/2021 ONTARIO WINNELSON CO 0.00 158.51 158.51 AP 00420841 10/20/2021 ORTIZ, ROGELIO 240.00 0.00 240.00 AP 00420842 10/20/2021 PARKHOUSE TIRE INC 886.39 0.00 886.39 ***AP 00420843 10/20/2021 PFM ASSET MANAGEMENT LLC 13,065.99 1,209.17 14,275.16 AP 00420844 10/20/2021 PINNACLE PETROLEUM INC 28,876.21 0.00 28,876.21 AP 00420845 10/20/2021 POLK, DARRYL 2,000.00 0.00 2,000.00 AP 00420846 10/20/2021 POSTAL PERFECT 165.00 0.00 165.00 AP 00420847 10/20/2021 PRE-PAID LEGAL SERVICES INC 60.17 0.00 60.17 AP 00420848 10/20/2021 PROHEALTH PARTNERS A MEDICAL GROUP INC 0.00 150.00 150.00 AP 00420849 10/20/2021 PROS CONSULTING INC 5,087.00 0.00 5,087.00 AP 00420850 10/20/2021 PUBLIC GROUP OF CA LLC, THE 147.07 0.00 147.07 AP 00420851 10/20/2021 QUINN, RHONDA 264.00 0.00 264.00 AP 00420852 10/20/2021 RANCHO SMOG CENTER 44.95 0.00 44.95 AP 00420853 10/20/2021 REACH MEDIA NETWORK 2,000.00 0.00 2,000.00 08:37:57 10/25/2021Current Date:VLOPEZ - Veronica Lopez Page:5 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 14 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 10/11/2021 through 10/24/2021 Check No.Check Date Vendor Name City Fire Amount AP 00420854 10/20/2021 REHABWEST INC 465.50 0.00 465.50 AP 00420855 10/20/2021 SAN BERNARDINO CO FIRE DEPT 63,926.72 0.00 63,926.72 AP 00420856 10/20/2021 SBPEA 2,384.13 0.00 2,384.13 AP 00420857 10/20/2021 SHERIFFS COURT SERVICES 100.00 0.00 100.00 AP 00420858 10/20/2021 SHRED PROS 271.00 0.00 271.00 AP 00420859 10/20/2021 SIEMENS MOBILITY INC 45,559.41 0.00 45,559.41 AP 00420860 10/20/2021 SIGN SHOP, THE 137.92 0.00 137.92 AP 00420861 10/20/2021 SIRSI CORPORATION 1,146.86 0.00 1,146.86 ***AP 00420863 10/20/2021 SOCAL OFFICE TECHNOLOGIES 48,299.87 301.68 48,601.55 ***AP 00420867 10/20/2021 SOUTHERN CALIFORNIA EDISON 11,001.54 1,552.63 12,554.17 AP 00420868 10/20/2021 SOUTHERN CALIFORNIA EDISON 470.20 0.00 470.20 AP 00420869 10/20/2021 STABILIZER SOLUTIONS INC 1,249.67 0.00 1,249.67 ***AP 00420870 10/20/2021 STANLEY PEST CONTROL 2,110.00 960.00 3,070.00 AP 00420871 10/20/2021 STERLING COFFEE SERVICE 1,051.38 0.00 1,051.38 AP 00420872 10/20/2021 STOTZ EQUIPMENT 44.31 0.00 44.31 AP 00420873 10/20/2021 STRATEGIC ECONOMICS INC 9,611.25 0.00 9,611.25 AP 00420874 10/20/2021 SUNSET CREATIVE PRODUCTIONS LLC 5,000.00 0.00 5,000.00 AP 00420875 10/20/2021 THE COUNSELING TEAM INTERNATIONAL 0.00 825.00 825.00 AP 00420876 10/20/2021 TRIDEN GROUP CORP 2,400.00 0.00 2,400.00 AP 00420877 10/20/2021 UNITED WAY 45.00 0.00 45.00 AP 00420878 10/20/2021 UNIVERSAL FLEET SUPPLY 0.00 10.65 10.65 AP 00420879 10/20/2021 VAN DAELE HOMES CORPORATION 143.82 0.00 143.82 AP 00420880 10/20/2021 VERIZON 25.72 0.00 25.72 AP 00420881 10/20/2021 VERIZON WIRELESS - LA 270.47 0.00 270.47 AP 00420882 10/20/2021 VERIZON WIRELESS - LA 6,297.84 0.00 6,297.84 AP 00420883 10/20/2021 VISION SERVICE PLAN CA 10,501.68 0.00 10,501.68 AP 00420884 10/20/2021 VULCAN MATERIALS COMPANY 695.79 0.00 695.79 ***AP 00420885 10/20/2021 WAXIE SANITARY SUPPLY 2,409.52 60.87 2,470.39 AP 00420886 10/20/2021 WEST COAST ARBORISTS INC 8,818.20 0.00 8,818.20 AP 00420887 10/20/2021 WILSON & BELL AUTO SERVICE 1,904.82 0.00 1,904.82 AP 00420888 10/20/2021 WINZER CORPORATION 0.00 1,899.29 1,899.29 AP 00420889 10/20/2021 ZEP SALES AND SERVICE 1,416.63 0.00 1,416.63 $2,490,595.93 $2,772,751.27 $282,155.34 Note: Grand Total: Total Fire: Total City: *** Check Number includes both City and Fire District expenditures 08:37:57 10/25/2021Current Date:VLOPEZ - Veronica Lopez Page:6 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 15 DATE:November 3, 2021 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Tamara L. Oatman, Finance Director Veronica Lopez, Accounts Payable Supervisor SUBJECT:Consideration to Approve City Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $2009.03 Dated October 11, 2021 Through October 24, 2021. (CITY) RECOMMENDATION: Staff recommends City Council approve payment of demands as presented. Weekly check register amounts are $2,009.03 for the City, respectively. BACKGROUND: N/A ANALYSIS: N/A FISCAL IMPACT: Adequate budgeted funds are available for the payment of demands per the attached listing. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: N/A ATTACHMENTS: Attachment 1 - Weekly Check Register Page 16 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT So Calif Gas Company Only. AND CITY OF RANCHO CUCAMONGA 10/11/2021 through 10/24/2021 Check No.Check Date Vendor Name City Fire Amount AP 00420862 10/20/2021 SO CALIF GAS COMPANY 2,009.03 0.00 2,009.03 $2,009.03 $2,009.03 $0.00 Note: Grand Total: Total Fire: Total City: *** Check Number includes both City and Fire District expenditures 08:46:41 10/25/2021Current Date:VLOPEZ - Veronica Lopez Page:1 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 17 ` DATE:November 3, 2021 TO:President and Members of the Board of Directors FROM:John R. Gillison, City Manager INITIATED BY:Robert Neiuber, Human Resources Director Lucy Alvarez-Nunez, Management Analyst I SUBJECT:Consideration to Adopt a Resolution Approving Side Letter Agreements Between the Rancho Cucamonga Fire Protection District and Fire District Bargaining Units. (RESOLUTION NO. FD 2021-032) (FIRE) RECOMMENDATION: Staff recommends the Fire Board adopt a resolution approving side letter agreements between the Rancho Cucamonga Fire Protection District and the Fire District Bargaining Units updating their respective Memorandum of Understanding. BACKGROUND: The Rancho Cucamonga Fire Protection District entered into a Memorandum of Understanding (MOU) with the Fire District Bargaining Units. The MOU for the Fire Management Employees Group (Fire MEG) and Fire Union Local 2274 (Fire Union) commenced on July 1, 2019, and expires on June 30, 2023. The MOU for the Fire Support Services Association (FSSA) commenced on July 1, 2021, and expires June 30, 2025. ANALYSIS: The Rancho Cucamonga Fire Protection District and Fire District bargaining units met and conferred in good faith in August, September, and October of 2021. The Side Letter Agreements include updates to the current MOU process related to the cash-out of leave time. These updates provide for employees, who have leave time that can be cashed out, to make an irrevocable election to do so on or before December 15 of each year in order to avoid a tax liability. In addition, the Fire Union Side Letter Agreement includes an amendment increasing the minimum staffing level of companies and units from 28 personnel to 31 personnel. This amendment reflects the current staffing levels and allows continuation of high service delivery. The Side Letter Agreements will be incorporated into the MOUs. The MOUs will remain in full force and effect except to the extent modified by the Side Letter of Agreements. Staff recommends the Fire Board approve the attached Resolution approving the Side Letter Agreements to include the updates mentioned above. The Side Letter Agreements would be effective upon approval by the Fire Board. Page 18 Page 2 1 0 1 5 FISCAL IMPACT: None COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item supports the City Council’s Core Values of intentionally embracing and anticipating the future and working cooperatively and respectfully with each other, staff, and all stakeholders. ATTACHMENTS: Attachment 1 – Resolution No. FD2021-032 Attachment 2 - Fire Management Employee Group Side Letter Agreement Attachment 3 - Fire Union Side Letter Agreement Attachment 4 - Fire Support Services Association Side Letter Agreement Page 19 1 8 3 7 RESOLUTION NO. 2021-XXX RESOLUTION OF THE FIRE BOARD OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT APPROVING SIDE LETTER AGREEMENTS BETWEEN THE RANCHO CUCAMONGA PROTECTION DISTRICT AND FIRE DISTRICT BARGAINING UNITS. WHEREAS, representatives of the Rancho Cucamonga Fire Protection District (District) and Fire District’s Bargaining Unit representatives have met and conferred pursuant to the provisions of the Meyers-Milias-Brown Act (California Government Code §3500, et seq.) with regard to terms and conditions of employment; and WHEREAS, representatives of the District and Fire District’s Bargaining Unit representatives have agreed upon and presented to this Fire Board Side Letter Agreements (see attached Side Letter Agreements 2 - 4), effective November 3, 2021; and NOW, THEREFORE, THE FIRE BOARD OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT HEREBY RESOLVES that said Side Letter Agreements with all Fire District’s Bargaining Units are hereby approved and the City Manager is hereby authorized to sign said Side Letter Agreements on behalf of the Rancho Cucamonga Fire Protection District, and the City Clerk to attest thereto. PASSED, APROVED AND ADOPTED this 3rd day of November 2021. ATTACHMENT 1 Page 20 1 1 8 3 8 SIDE LETTER OF AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE FIRE MANAGEMENT EMPLOYEES GROUP The Rancho Cucamonga Fire Protection District ("District") and the Fire Management Employees Group (collectively, the "Parties") entered into a Memorandum of Understanding ("MOU") that commenced on July 1, 2019, and expires on June 30, 2023. The Parties met and conferred in good faith in August, September and October of 2021. The Parties agreed to an updated MOU process related to the cash-out of leave time. Fire MEG: Article III Section 1 Holidays E &F E. Holiday time shall be accrued annually beginning with the first pay period of the fiscal year within the pay period which it occurs. Beginning in calendar year 2022, the two December holidays will accrue on November 30 of each year. F. 1.District will buy back all or part of accrued holiday time at the then current hourly rate to be paid out in the pay period prior to Thanksgiving, if a request is made in writing and received by payroll three weeks prior to the payout pay period specifying holiday balance and exercising the option to sell back. Beginning December 1, 2021 and annually thereafter, any employee that wants to have the District buy back holiday hours shall make an irrevocable election to do so. The irrevocable election shall be submitted in writing to the City's Human Resources Department on or before December 15, and shall indicate the number of hours of holiday that the employee expects to earn in the following calendar year that the employee wants the District to buy back in December (between first and second pay period). Regardless of the number of hours requested to be cashed out, the most the District can cash out is the number of hours accrued and available in that calendar year to date. 2. Holiday hours accrued on December 24 and 25 of 2021, will be paid out in June of 2022 if the hours are not used. Article III Section 3 Vacation F Each fiscal year, at the employee's written request, the District will "buy back" the total cash value of up to 100 hours of previous earned vacation leave. This buy back shall occur twice annually in a fiscal year, in November and April. Employees must maintain a minimum of 40 hours of accrued vacation subsequent to any payment of vacation buy back time. Annually, any employee that wants to have the District buy back vacation hours shall make an irrevocable election to do so. The irrevocable election shall be submitted in writing to the City's Human Resources Department on or before December 15 and shall indicate the number of hours of vacation that the employee expects to earn in the following calendar year that the employee wants the City to buy back up to a maximum of 100 hours. This buy back shall occur twice annually, in June/July (between the last payday in June and the first payday in July) and November (between the first and second payday ATTACHMENT 2 Page 21 2 1 8 3 8 of the month), and the employee must indicate the total amount of hours they want paid out in June/July and in November. Regardless of the number of hours requested to be cashed out at either time, the most the City can cash out is the number of hours accrued and available in that calendar year to date. Employees must maintain a minimum of 40 hours of accrued vacation subsequent to any payment of vacation buyback time. Article III Section 8 Compensatory Time B In addition, all hours remaining in a represented employee's CTO accrual "bank" will be paid to the employee at the employee's regular rate of pay at the end of the fiscal year in July and at the "Holiday Vacation/Compensation Time" buy back period in November and the balance in the CTO accounts will be reduced to zero hours. However, upon the request of the employee, the employee may carry over some CTO balance as long as it is used by the last pay period in July. Article III Section 9 Administrative Leave (starting at second paragraph) Any Uunused administrative leave, up to a maximum of forty (40) hours in June of each fiscal year may must be sold back to District at the employee's then current hourly rate. Administrative leave shall not be carried beyond the year in which it was earned. This Side Letter of Agreement shall be incorporated into the MOU. The MOU shall remain in full force and effect except to the extent modified by this Side Letter of Agreement. This Side Letter of Agreement shall not be effective until ratified by the District Board and approved by the Fire Management Employees Group. For the Fire Protection District For the Fire Management Employees Group ___________________________________ ___________________________________ John Gillison Mike McCliman, President City Manager Fire Management Employees Group ATTACHMENT 3 Page 22 1 1 8 3 9 SIDE LETTER OF AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE FIRE UNION LOCAL 2274 The Rancho Cucamonga Fire Protection District ("District") and the Fire Union Local 2274 (collectively, the "Parties") entered into a Memorandum of Understanding ("MOU") that commenced on July 1, 2019, and expires on June 30, 2023. The Parties met and conferred in good faith in August, September and October of 2021. The Parties agreed to an updated MOU process related to the cash-out of leave time and updated language related to minimum staffing. Fire Union Local 2274: Article III Section 1 Holidays D Article III Section 1 Holidays D Holiday time shall be accrued annually beginning with the first pay period of the fiscal year within the pay period which it occurs. Beginning in calendar year 2022, the two December holidays will accrue on November 30 of each year. 1. District will buy back all or part of accrued holiday time at the then current hourly rate, if a request is made (in writing) by November 30th specifying holiday balance and exercising the option to sell back. Beginning December 1, 2021 and annually thereafter, any employee that wants to have the District buy back holiday hours shall make an irrevocable election to do so. The irrevocable election shall be submitted in writing to the City's Human Resources Department on or before December 15, and shall indicate the number of hours of holiday that the employee expects to earn in the following calendar year that the employee wants the District to buy back in December (between first and second pay period). Regardless of the number of hours requested to be cashed out, the most the District can cash out is the number of hours accrued and available in that calendar year to date. 2.Holiday hours accrued on December 24 and 25 of 2021, will be paid out in June of 2022 if the hours are not used. 3. Holidays may be used as scheduled time off with the approval of the Supervisor. Article III Section 7 Compensatory Time A (starting at second sentence) An employee may accumulate a maximum of 144 hours of CTO. Once an employee accumulates 144 hours of CTO, any additional overtime hours will be paid to the employee at the employee’s regular rate of pay as of the end of the fiscal year in June and then balance in the CTO accounts will be reduced to zero hours, unless the CTO balance has been used up by the last pay period in July. CTO balance must be cashed out on last pay period in June of a given fiscal year. Employees can also cash out up to 144 of CTO at the “Holiday Vacation/Compensation Time” buy back period in November. Annually, any employee that wants to have the District buy back CTO hours at the “Holiday/Vacation/Compensation Time” shall make an irrevocable election to do so. The irrevocable election shall be submitted in writing to the City's Human Resources Department on or before December 15 and shall indicate the number of hours of CTO that the employee expects ATTACHMENT 3 Page 23 2 1 8 3 9 to earn in the following calendar year between July and the first payday in November that the employee wants the District to buy back in November up to 144 hours (between the first and second payday of the month), Regardless of the number of hours requested to be cashed out, the most the District can cash out is the number of hours accrued and available in that calendar year to date. Article VI Section 5 Minimum Staffing The District shall maintain a minimum staffing level. Staffing of companies and units with 28 30 personnel shall consist of the following: A.Seven-three (3) person paramedic engine companies consisting of 1 Captain, 1 Engineer and 1 Firefighter with any one rank being a certified paramedic B.Two-three (3) four (4) person paramedic truck companies, consisting of 1 Captain, 1 Engineer and 1 2 Firefighters with any one rank being a certified paramedic. C.One (1) Captain Specialist The District shall maintain a minimum staffing of 1 training division position consist of the following: A.One (1) Training Captain Any reduction in these levels must be agreed upon through the meet and confer process. This Side Letter of Agreement shall be incorporated into the MOU. The MOU shall remain in full force and effect except to the extent modified by this Side Letter of Agreement. This Side Letter of Agreement shall not be effective until ratified by the District Board and approved by the Fire Union Local 2274. For the Fire Protection District For the Fire Union Local 2274 ___________________________________ ___________________________________ John Gillison Chad Comeau, President City Manager Fire Union Local 2274 ATTACHMENT 2 Page 24 1 1 8 4 0 SIDE LETTER OF AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE FIRE SUPPORT SERVICES ASSOCIATION The Rancho Cucamonga Fire Protection District ("District") and the Fire Support Services Association (collectively, the "Parties") entered into a Memorandum of Understanding ("MOU") that commenced on July 1, 2021, and expires on June 30, 2025. The Parties met and conferred in good faith in August, September and October of 2021. The Parties agreed to an updated MOU process related to the cash-out of leave time. Fire Support Services Association: Article III Section 1 Holidays D (1)(2) D. Effective pay period No.1 of each fiscal year, holiday time shall be accrued by the employees within the pay period in which it occurs. Beginning in calendar year 2022, the two December holidays will accrue on November 30 of each year. 1.District will buy back all or part of accrued holiday time at the then current hourly rate, if a request is made (in writing) by November 3oth specifying holiday balance and exercising the option to sell back. Beginning December 1, 2021, and annually thereafter, any employee that wants to have the District buy back holiday hours shall make an irrevocable election to do so. The irrevocable election shall be submitted in writing to the City's Human Resources Department on or before December 15 and shall indicate the number of hours of holiday that the employee expects to earn in the following calendar year that the employee wants the District to buy back in December (between the first and second payday of the month), Regardless of the number of hours requested to be cashed out, the most the District can cash out is the number of hours accrued and available in that calendar year to date. 2.Holiday hours accrued on December 24 and 25 of 2021, will be paid out in June of 2022 if the hours are not used. Article III Section 4 Hours of Vacation Buy Back Each fiscal year, at the employee's written request, the District will "buy back" the total cash value of up to 100 hours of previous earned vacation leave. This buy back shall occur twice annually in a fiscal year, in November and April. Employees must maintain a minimum of 40 hours of accrued vacation subsequent to any payment of vacation buy back time. Annually, any employee that wants to have the District buy back vacation hours shall make an irrevocable election to do so. The irrevocable election shall be submitted in writing to the City's Human Resources Department on or before December 15 and shall indicate the number of hours of vacation that the employee expects to earn in the following calendar year that the employee wants the City to buy back up to a maximum of 100 hours. This buy back shall occur twice annually, in June/July (between the last payday in June and the first payday in July) and November (between the first and second payday of the month), and the employee must indicate the total amount of hours they want paid out in June/July and in November. Regardless of the number of hours requested to be cashed out at either ATTACHMENT 4 Page 25 2 1 8 4 0 time, the most the City can cash out is the number of hours accrued and available in that calendar year to date. Employees must maintain a minimum of 40 hours of accrued vacation subsequent to any payment of vacation buyback time. Article III Section 13 Management Leave Exempt classifications shall be provided management leave in the amount of sixty (60) hours per fiscal year, which shall be credited to the employee at the start of pay period No. 1 of each fiscal year. Unused management leave in an amount not to exceed forty (40) hours, may must be converted to cash at the employees then existing hourly rate, during the last payroll period commencing in June of each fiscal year. Management leave over not utilized nor cashed out, shall not be carried over to any subsequent fiscal years. This Side Letter of Agreement shall be incorporated into the MOU. The MOU shall remain in full force and effect except to the extent modified by this Side Letter of Agreement. This Side Letter of Agreement shall not be effective until ratified by the District Board and approved by the Fire Support Services Association. For the Fire Protection District For the Fire Services Support Association ___________________________________ ___________________________________ John Gillison Shane Adams, President City Manager Fire Services Support Association ATTACHMENT 4 Page 26 DATE:November 3, 2021 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 Annette Cano-Soza, Assistant Engineer SUBJECT:Consideration to Accept Public Improvements Located South of Wilson Avenue on the East Side of Winchester Court, Related to Case No. SUBTT18391, as Complete, File the Notice of Completion, and Authorize Release of Bonds. (CITY) RECOMMENDATION: Staff recommends that the City Council: 1. Approve and accept the public improvements and their design, required for the development to Case No. SUBTT18391 and authorize the City Engineer to file the appropriate Notice of Completion; 2. Release Faithful Performance Bond No. 60067444 for the associated public improvements; 3. Release the Labor and Material Bond No. 60067444; and 4. Waive the maintenance bond requirement. BACKGROUND: Case No. SUBTT18391 was approved by the Planning Commission on November 10, 2010 to subdivide a property comprised of 3 parcels into 6 parcels in the low residential district, located approximately 200 feet south of Wilson Avenue on the east side of Winchester Court. An improvement agreement and securities were approved by the City Council on August 2, 2017, to ensure construction of the required public improvements. ANALYSIS: All public improvements required of this development have been completed to the satisfaction of the City Engineer. Prior to construction of the public improvements the developer, Jie Li, submitted the following securities to ensure satisfactory completion of the improvements: Faithful Performance Cash Bond $52,900 Bond #60067444 Labor and Materials Cash Bond $52,900 Bond #60067444 City staff conducted a final inspection of the public improvements in April of 2020 and confirmed all work was completed to City standards. The developer did not provide a maintenance bond to Page 27 Page 2 9 9 3 the City; therefore, the Faithful Performance Bond was retained. In April of 2021, prior to the end of the maintenance period City staff conducted an inspection to confirm the improvements had remained in good workmanship and free of defects. Items were found that needed to be addressed and the developer was provided with a list. In September of 2021, the developer contacted City staff to inform the items had been addressed. City staff conducted an inspection and confirmed all improvements are to City Standards. With completion of the improvements, the Faithful Performance and Labor and Materials bonds are no longer required. FISCAL IMPACT: None. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item addresses the City Council’s vision for the City by ensuring the maintenance of high- quality public improvements that promote a world class community ATTACHMENTS: Attachment 1 - Vicinity Map Page 28 ATTACHMENT 1 1 6 0 7 SUBTT18391 Vicinity Map NOT TO SCALE Project Site Page 29 DATE:November 3, 2021 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 Annette Cano-Soza, Assistant Engineer SUBJECT:Consideration to Accept Public Improvements on the North Side of Church Street East of Archibald Avenue per the Improvement Agreement, Related to Case No. SUBTT17433, as Complete, File the Notice of Completion, and Authorize Release of Bonds. (CITY) RECOMMENDATION: Staff recommends that the City Council: 1. Approve and accept the public improvements and their design, required for the development of Tract 17433 and authorize the City Engineer to file the appropriate Notice of Completion; 2. Release Faithful Performance Bond No. 4395034 and accept Maintenance Cash Bond No. (Receipt #314765) for the associated public improvements; 3. Release the Labor and Material Bond No. 4395034 six months after Council approval; and 4. Authorize the City Engineer to approve the release of the Maintenance Cash Bond one year following the filing of the Notice of Completion if the improvements remain free from defects in material and workmanship. BACKGROUND: Case No. SUBTT17433 was approved by the Planning Commission on May 28, 2008 for a residential subdivision of 2.39 acres into 9 parcels located in the Low Residential Development District on the north side of Church Street east of Archibald Avenue. An improvement agreement and securities were approved by the City Council on January 21, 2015, to ensure construction of the required public improvements. ANALYSIS: All public improvements required of this development have been completed to the satisfaction of the City Engineer. The public improvements will be re-inspected in approximately nine months to ensure they remain in good order prior to release of the maintenance cash bond. Prior to construction of the public improvements the developer, Living Water Investment Group, LLC, submitted the following securities to ensure satisfactory completion of the improvements: Faithful Performance Bond $150,800 Bond #4395034 Labor and Materials Bond $150,800 Bond #4395034 With completion of the improvements these bonds are no longer required, and the developer has submitted Maintenance Cash Bond No. (Receipt #314765) in the amount of $15,080 to secure maintenance of the improvements through the one-year warranty period. Page 30 Page 2 9 9 9 FISCAL IMPACT: None. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item addresses the City Council’s vision for the City by ensuring the maintenance of high- quality public improvements that promote a world class community. ATTACHMENTS: Attachment 1 - Vicinity Map Page 31 ATTACHMENT 1 1 6 0 7 SUBTT17433 Vicinity Map NOT TO SCALE Project Site Page 32 DATE:November 3, 2021 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 Trina Valdez, Utilities Operations Supervisor SUBJECT:Consideration of an Appropriation in the Amount of $20,010 from the Municipal Utility Fund for the Haven Avenue Cable Bring Up Project. (CITY) RECOMMENDATION: Staff recommends the City Council authorize an appropriation in the amount of $20,010 for additional electrical and fiber infrastructure needed to service a new interconnection for the Haven Avenue Cable Bring Up Project. BACKGROUND: On February 12, 2020, the City Council approved an amendment to Pacific Utility Installation, Inc. as the lowest responsive bidder for construction of the Haven Avenue Cable Bring Up Project, located at Sixth Street and Center Avenue, Seventh Street and Center Avenue and Eighth Street and Haven Avenue in the amount of $800,940 plus a 5% contingency. The scope of work for this Project consisted of three new warehouse developments requiring new substructure and cabling infrastructure, including cables, connections, and transformers to interconnect to RCMU’s existing infrastructure. ANALYSIS: During construction of the line extension, an additional fiber vault was needed at Sixth Street to prepare for a future fiber interconnection on Sixth Street west of Haven Avenue. Additionally, it was discovered during construction that in order to avoid an MWD water easement, an additional Pad Mounted Switch structure and fiber pull box was needed on Eighth Street to avoid any conflicts. Because the cost of the additional work exceeded the original 5% contingency, staff is requesting an appropriation to fully fund and close out the Project. FISCAL IMPACT: An appropriation in the amount of $20,010 from the Municipal Utility Fund (Fund 705) to Account 1705303-5650/2028705-0 (Capital Project/Haven Bring Up Project) is needed to fully fund the project. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item addresses the City Council’s vision for the City by ensuring the construction and maintenance of high-quality public improvements that promote a world class community. Page 33 Page 2 1 0 0 0 ATTACHMENTS: None. Page 34 DATE:November 3, 2021 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:William Wittkopf, Public Works Services Director Neil Plummer, Facilities Superintendent SUBJECT:Consideration of Amendment No. 3 to the Professional Services Agreement with Absolute Security International (CO 18-102) for Security Guard Services in an Amount Not to Exceed $232,220 and an Appropriation of $4,000 to Account 1133320-5304. (CITY) RECOMMENDATION: Staff recommends the City Council: 1. Approve Amendment No. 3 to contract CO 18-102 with Absolute Security International, extending the term of the contract to June 30, 2022 2. Authorize an expenditure in an amount not to exceed $232,220 ($216,048 for routine scheduled service plus $16,172 contingency) for FY 2021/2022. 3. Appropriate $4,000 to Account 1133320-5304 (Metrolink) from fund balance. BACKGROUND: On August 15, 2018, City Council accepted the bids received for security guard services at various City facilities and awarded contract CO 18-102 to Absolute Security International, Inc. The initial term of the contract was one year, with the option to renew in one-year increments for a maximum of seven years through June 30, 2024. The scope of the work for this contract includes, but is not limited to, standing guard services, patrol route, special event security, parking lot monitoring, and loss control. Regular guard services are only provided at the Metrolink Station with costs partially offset because of parking fees. In addition, Absolute Security International provides nightly restroom lockup and gate closure at City parks. If approved, Amendment 3 to contract CO 18-102 will extend the term of the contract to June 30, 2022 with an average increase of 10.5% to current rates and no changes to the scope of work or other terms and conditions. ANALYSIS: Absolute Security International, Inc. has submitted a Letter of Intent expressing their desire to continue providing service to the City of Rancho Cucamonga during FY 2021/2022 with a 10.5% rate increase. This increase is primarily a result of the scheduled increases to the California minimum wage along with the nationwide labor shortage making it difficult to recruit and retain guards. Security guards consist predominately of low wage earners so minimum wage increases directly impact labor costs for providing guard services. The California minimum wage increased to $14.00 per hour on January 1, 2021 and will increase to $15.00 per hour on January 1, 2022. A copy of the professional services agreement and amendment is available in the City Clerk’s office. Page 35 Page 2 1 0 0 5 Absolute Security International, Inc. continues to provide great service to the City. Staff recommends the City Council approve the renewal of contract CO 18-102 effective July 1, 2021 and approve the spending limit of $232,220 for FY 2021/2022. FISCAL IMPACT: The Fiscal Year 2021/2022 Adopted Budget includes $211,080 for security guard services, including park restroom lockup, in various general and special funds. The funding breakdown is shown in the following table: Account Funding Source Amount 1001319-5300 Parks Maintenance $2,960 1130303-5300 LMD 1 - General City $10,340 1131303-5300 LMD 2 - Victoria $8,860 1133320-5304 LMD 3B (Metrolink)$168,200 1134303-5300 LMD 4R - Terra Vista $8,860 1137303-5300 LMD 7 - North Etiwanda $1,490 1139303-5300 LMD 9 - Lower Etiwanda $1,490 1140303-5300 LMD 10 - Rancho Etiwanda $1,490 1848303-5300 PD 85 Redemption Fund $2,960 1868303-5300 CFD 2000-03 Parks Maintenance $4,430 Total $211,080 An additional appropriation of $4,000 from Fund 133 is required to cover the increased cost for guard services at the Metrolink station. The cost increases for park restroom lockup will be absorbed by other contract services line items in the various parks general and special funds and will be reflected in the midyear budget. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item addresses the City Council’s core value of promoting and enhancing a safe and healthy community for all by ensuring City facilities are properly maintained. ATTACHMENTS: None Page 36 DATE:November 3, 2021 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 (COVID-19) Pandemic. (CITY) RECOMMENDATION: Staff recommends that the City Council review and continue the need for the existing local emergency due to the novel coronavirus (COVID-19) pandemic. BACKGROUND: On January 31, 2020, the Department of Health and Human Services declared the COVID-19 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. All three levels of government continue to keep their emergency status open due to the pandemic. 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, July 15, September 16, November 18 of 2020, and March 17, May 5, July 7 and September 1 of 2021, the City Council of the City of Rancho Cucamonga reviewed the need to continue 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 every 60 days until the governing body terminates the emergency. Since the last review, City staff has regularly updated City Council on public health, economic and social issues arising out of the COVID-19 pandemic. On June 15, 2021, the state of California moved to Beyond the Blueprint for a Safer Economy which allows for the removal of personal safety requirements, including social distancing and wearing a facial covering for most scenarios involving vaccinated individuals. However, the County, State, and Federal government have kept their emergency declarations open in order to continue to respond to and recover from the pandemic. Page 37 Page 2 1 0 0 6 Given that the COVID-19 pandemic continues to affect the region and the City, there remains a need to keep the emergency declaration in place. This will allow the City to, among other things, 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 as long as the County, State, and Federal government continue to keep their emergency status current. FISCAL IMPACT: The budgetary impact is unknown. Emergency operations, response and recovery efforts continue to consume a significant amount of staff time. Various revenue sources, 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 COVID-19 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 certain emergency protective measures incurred in responding to the pandemic. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: By keeping the need for the local emergency and actively recovering eligible 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. ATTACHMENTS: None Page 38 DATE:November 3, 2021 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 Brian Sandona, Senior Civil Engineer SUBJECT:Consideration of Amendment No. 1 to the Professional Services Agreement with Aufbau Corporation (CO#19-107) for the Addition of City Surveyor Services to the Agreement Scope of Work with No Change to the Rates in Said Agreement. (CITY) RECOMMENDATION: Staff recommends that the City Council: 1)Approve Amendment No. 1 to the Professional Services Agreement with Aufbau Corporation (CO#19-107) for the addition of City Surveyor Services to the agreement’s scope of work for a period of 18 months with no change in rates listed in said agreement and 2)Authorize the City Manager or his delegate to extend the term of Amendment No. 1 up to the termination date of Agreement No. CO#19-107 if the extension is deemed in the best interest of the City. BACKGROUND: The City has utilized in-house staff to perform the duties of the City Surveyor for many years. As allowed in Article 2, Division 2, of the California Government Code the City Engineer may delegate the land surveying functions of the City Engineer to a person authorized to practice land surveying. Where there is no person authorized to practice land surveying within the City, the City Engineer may contract with a person who is authorized to practice land surveying to perform the land surveying functions. (66416.5). The City Surveyor’s duties include review of tentative tract maps and tentative parcel maps; review of final tract maps and parcel maps; review of legal descriptions and plats for lot line adjustments, lot mergers, right-of-way dedications and easements; writing of easement legal descriptions; and signing final tract maps and parcel maps. The duties also include title report and record of survey reviews, and requires a knowledge and understanding of the Professional Land Surveyors Act, Public Land Survey System, and sequential and simultaneous land conveyances. Further, the position of City Surveyor requires licensure as Public Land Surveyor issued by the State of California Board of Professional Engineers, Land Surveyors, and Geologists. As of August 26, 2021, the City’s in-house City Surveyor retired. With no other licensed land surveyors on staff, the Engineering Services Department engaged Aufbau Corporation, one of Page 39 Page 2 1 0 0 8 the City’s on-call engineering firms to provide acting City Surveyor services on an interim basis. Aufbau Corporation was able to mobilize rapidly and successfully provide services for the time being. Consequently, staff prepared an informal Request for Proposals for City Surveyor Services and designation as City Surveyor and provided them to the three companies with on- call plan check agreements with the City. Staff has received proposals from two of the companies and determined that Aufbau Corporation best meets the needs of the City at this time. Professional Services Agreement On July 17, 2019, the City entered into a Professional Services Agreement with Aufbau Corporation (CO#19-107) for on-call plan checking services on an as-needed basis with an initial term of 5 years. Aufbau Corporation desires to continue to provide plan check services with the additional scope required as the City Surveyor. ANALYSIS: Approval of Amendment No. 1 would amend the scope of the existing agreement for the 18 month period after approval of this amendment by City Council. After the 18-month term expires, staff will re-evaluate the position for either a time extension to the amendment, transition to a licensed employee in-house, or issuance of a formal Request for Proposals to the consulting community. The amendment also includes a proposed hourly rate for City Surveyor Services in the amount of $160.00 per hour. The cost for City Surveyor Services is based on the Senior Land Surveyor, P.L.S., hourly billing rate of $160.00 as found in CO#19-107. This cost is fixed and is not subject to change until the end of the term of this agreement. Amendment #1 to CO#19-107 is on file with and available from the City Clerk’s office. Further, Amendment No. 1 would authorize the City Manager to execute extensions to the amendment up to the termination date of the Agreement should it be deemed in the best interest of the City. FISCAL IMPACT: The services provided under this amendment will be billed on a time and materials basis per the rate structure provided in the on-call agreement. Costs associated with plan and map checking services are generally recaptured through development fees. Those costs incurred for other survey services are accounted for in the appropriate project or operating line items in the annual budget. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item addresses the City Council's vision to build on our success as a world class community by continuing to provide land surveying services needed to develop and maintain our community. ATTACHMENTS: None Page 40 DATE:November 3, 2021 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 Brian Sandona, Sr. Civil Engineer SUBJECT:Consideration of the Improvement Agreement and Improvement Securities for Street Improvements, Order Annexation to Landscape Maintenance District No. 3B, Street Light Maintenance Districts Nos. 1 and 6 for Case No. DRC2015-00681, Located at the Northeast Corner of Archibald Avenue and Arrow Route. (RESOLUTION NOS. 2021-116, 2021-117 AND 2021-118) (CITY) RECOMMENDATION: Staff recommends that the City Council: 1. Approve the plans and specifications along with an Improvement Agreement for related public improvements and authorize the Mayor and the City Clerk to sign said agreement; 2. Accept security in the form of bonds for completion of the related public improvements; and 3. Adopt the attached resolutions ordering the annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance Districts Nos. 1 and 6. BACKGROUND: On July 11, 2018, Planning Commission approved Case No. DRC2015-00681 for the establishment of 968 square foot automated car wash associated with a request to establish retail services in an existing 1,728 square foot vacant service station building and re-establish an existing 1,481 square foot canopy with 4 fuel pumps on a 29,456 square foot parcel at the northeast corner of Archibald Avenue and Arrow Route, located at 8477 Archibald Avenue. Case No. DRC2015-00681 was approved subject to a condition that certain public improvements be constructed including curb and gutter, sidewalk, a driveway approach, traffic signal modification and street improvements. ANALYSIS: The developer, Bahman Natanzi has submitted an Improvement Agreement and securities to guarantee construction of the off-site public improvements in the following amounts: Faithful Performance (Letter of Credit #SBLC359445-21001) $114,900 Labor and Material (Letter of Credit #SBLC359445-21002) $114,900 Approval of this item by Council would approve the Improvement Agreement, accept the securities Page 41 Page 2 1 0 1 0 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 are on file in the City Clerk’s Office. FISCAL IMPACT: The proposed annexations would satisfy the conditions of approval for the development and supply additional annual revenue into the landscape and lighting maintenance districts in the following amounts: Landscape Maintenance District No. 3B $197.57 Street Light Maintenance District No. 1 $24.88 Street Light Maintenance District No. 6 $35.98 The developer will be installing 2 new street lights that will be maintained by the City. No new street trees are being installed. COUNCIL MISSION / VISION / 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 42 ATTACHMENT 1 1 8 2 1 DRC2015-00681 Vicinity Map NOT TO SCALE Project Site Page 43 ATTACHMENT #2 Resolution No. 20XX-XXX – Page 1 of 5 RESOLUTION NO. 20XX - 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. DRC2015-00681 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 Page 44 Resolution No. 20XX-XXX – Page 2 of 5 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 2021. Page 45 Resolution No. 20XX-XXX – Page 3 of 5 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: BAHMAN NATANZI The legal description of the Property is: THE WEST 220 FEET OF THE SOUTH 220 FEET OF THE WEST ½ OF THE SOUTH ½ OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 11, TOWNSHIP 1 SOUTH, RANGE 7 WEST, IN RANCHO CUCAMONGA, AS SHOWN ON THE MAP OF CUCAMONGA LANDS, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 4, PAGE 9 OF MAPS, RECORDS OF SAID COUNTY. EXCEPT THE SOUTH 40 FEET, AS GRANTED FOR HIGHWAY PURPOSES TO THE COUNTY OF SAN BERNARDINO BY DEED RECORDED NOVEMBER 6, 1924 IN BOOK 876 PAGE 22 OF DEEDS. ALSO EXCEPT THAT PORTION GRANTED TO THE COUNTY OF SAN BERNARDINO BY DEED RECORDED JULY 1, 1964 IN BOOK 6181 PAGES 169 AND 172 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST ¼ CORNER OF SAID SECTION 11, SAID ¼ CORNER ALSO BEING THE SOUTHWEST CORNER OF SAID 220 FEET OF THE SOUTH 220 FEET OF THE WEST ½ OF THE SOUTH ½ OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SAID SECTION; THENCE NORTH 0° 09’ 45” WEST ALONG THE WEST LINE OF SAID SECTION, A DISTANCE OF 220 FEET; THENCE SOUTH 89° 45’ 27” EAST ALONG A LINE PARALLEL WITH THE SOUTH LINE OF THE NORTHWEST ¼ OF SAID SECTION 11 A DISTANCE OF 40.00 FEET, MORE OR LESS, TO A POINT ON A LINE DRAWN PARALLEL WITH, A DISTANCE OF 40.00 FEET EAST FROM THE SAID WEST LINE OF SECTION 11; THENCE SOUTH 0° 09’ 45” EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 150.00 FEET; THENCE SOUTH 44° 57’ 36” EAST, 28.39 FEET, MORE OR LESS, TO A POINT ON A LINE DRAWN PARALLEL WITH AND DISTANT 50.00 FEET NORTH FROM THE SOUTH LINE OF SAID NORTHWEST ¼; THENCE SOUTH 89° 45’ 27” EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 160 FEET, MORE OR LESS, TO A POINT ON THE EAST LINE OF THE WEST 220 FEET; THENCE SOUTH 0° 09’ 45” EAST ALONG SAID EAST LINE, 50 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST ¼ OF SECTION 11; THENCE NORTH 89° 45’ 27” WEST ALONG SAID SOUTH LINE A DISTANCE OF 220 FEET TO THE POINT OF BEGINNING. Assessor’s Parcels Numbers of the Property: 0208-291-05 Page 46 Resolution No. 20XX-XXX – Page 4 of 5 Exhibit B Description of the District Improvements Fiscal Year 2021/22 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. DRC2015-00681: 0 street trees Page 47 Resolution No. 20XX-XXX – Page 5 of 5 Exhibit C Proposed Annual Assessment Fiscal Year 2021/22 Landscape Maintenance District No. 3B (Commercial Industrial): The rate per Equivalent Benefit Unit (EBU) is $282.24 for the fiscal year 2021/22. The following table summarizes the assessment rate for Landscape Maintenance District No. 3B (Commercial Industrial) for Case No. DRC2015-00681: Land Use Basis EBU Factor* Rate per EBU* Non-Residential Acre 1.00 $282.24 The proposed annual assessment for the property described in Exhibit A is as follows: 0.70 Acres x 1.00 EBU Factor x $282.24 Rate per EBU = $197.57 Annual Assessment Page 48 ATTACHMENT #3 Resolution No. 20XX-XXX – Page 1 of 5 1 8 1 9 RESOLUTION NO. 20XX - 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. DRC2015-00681 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 Page 49 Resolution No. 20XX-XXX – Page 2 of 5 1 8 1 9 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 2021. Page 50 Resolution No. 20XX-XXX – Page 3 of 5 1 8 1 9 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: BAHMAN NATANZI The legal description of the Property is: THE WEST 220 FEET OF THE SOUTH 220 FEET OF THE WEST ½ OF THE SOUTH ½ OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 11, TOWNSHIP 1 SOUTH, RANGE 7 WEST, IN RANCHO CUCAMONGA, AS SHOWN ON THE MAP OF CUCAMONGA LANDS, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 4, PAGE 9 OF MAPS, RECORDS OF SAID COUNTY. EXCEPT THE SOUTH 40 FEET, AS GRANTED FOR HIGHWAY PURPOSES TO THE COUNTY OF SAN BERNARDINO BY DEED RECORDED NOVEMBER 6, 1924 IN BOOK 876 PAGE 22 OF DEEDS. ALSO EXCEPT THAT PORTION GRANTED TO THE COUNTY OF SAN BERNARDINO BY DEED RECORDED JULY 1, 1964 IN BOOK 6181 PAGES 169 AND 172 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST ¼ CORNER OF SAID SECTION 11, SAID ¼ CORNER ALSO BEING THE SOUTHWEST CORNER OF SAID 220 FEET OF THE SOUTH 220 FEET OF THE WEST ½ OF THE SOUTH ½ OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SAID SECTION; THENCE NORTH 0° 09’ 45” WEST ALONG THE WEST LINE OF SAID SECTION, A DISTANCE OF 220 FEET; THENCE SOUTH 89° 45’ 27” EAST ALONG A LINE PARALLEL WITH THE SOUTH LINE OF THE NORTHWEST ¼ OF SAID SECTION 11 A DISTANCE OF 40.00 FEET, MORE OR LESS, TO A POINT ON A LINE DRAWN PARALLEL WITH, A DISTANCE OF 40.00 FEET EAST FROM THE SAID WEST LINE OF SECTION 11; THENCE SOUTH 0° 09’ 45” EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 150.00 FEET; THENCE SOUTH 44° 57’ 36” EAST, 28.39 FEET, MORE OR LESS, TO A POINT ON A LINE DRAWN PARALLEL WITH AND DISTANT 50.00 FEET NORTH FROM THE SOUTH LINE OF SAID NORTHWEST ¼; THENCE SOUTH 89° 45’ 27” EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 160 FEET, MORE OR LESS, TO A POINT ON THE EAST LINE OF THE WEST 220 FEET; THENCE SOUTH 0° 09’ 45” EAST ALONG SAID EAST LINE, 50 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST ¼ OF SECTION 11; THENCE NORTH 89° 45’ 27” WEST ALONG SAID SOUTH LINE A DISTANCE OF 220 FEET TO THE POINT OF BEGINNING. Assessor’s Parcels Numbers of the Property: 0208-291-05 Page 51 Resolution No. 20XX-XXX – Page 4 of 5 1 8 1 9 Exhibit B Description of the District Improvements Fiscal Year 2021/22 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. DRC2015-00681: 2 Street lights Page 52 Resolution No. 20XX-XXX – Page 5 of 5 1 8 1 9 Exhibit C Proposed Annual Assessment Fiscal Year 2021/22 Street Light Maintenance District No.1 (Arterial Streets): The rate per Equivalent Benefit Unit (EBU) is $17.77 for the fiscal year 2021/22. The following table summarizes the assessment rate for Street Light Maintenance District No.1 (Arterial Streets) for Case No. DRC2015-00681: Land Use Basis EBU Factor* Rate per EBU* Single Family Residential Parcel 1.00 $17.77 Multi-Family Residential Parcel 1.00 17.77 Non-Residential Acre 2.00 17.77 The proposed annual assessment for the property described in Exhibit A is as follows: 0.70 Acres x 2.0 EBU Factor x $17.77 Rate per EBU = $24.88 Annual Assessment Page 53 ATTACHMENT #4 Resolution No. 20XX-XXX – Page 1 of 5 1 8 2 2 RESOLUTION NO. 20XX - 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. DRC2015-00681 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 Page 54 Resolution No. 20XX-XXX – Page 2 of 5 1 8 2 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 2021. Page 55 Resolution No. 20XX-XXX – Page 3 of 5 1 8 2 2 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: BAHMAN NATANZI The legal description of the Property is: THE WEST 220 FEET OF THE SOUTH 220 FEET OF THE WEST ½ OF THE SOUTH ½ OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 11, TOWNSHIP 1 SOUTH, RANGE 7 WEST, IN RANCHO CUCAMONGA, AS SHOWN ON THE MAP OF CUCAMONGA LANDS, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 4, PAGE 9 OF MAPS, RECORDS OF SAID COUNTY. EXCEPT THE SOUTH 40 FEET, AS GRANTED FOR HIGHWAY PURPOSES TO THE COUNTY OF SAN BERNARDINO BY DEED RECORDED NOVEMBER 6, 1924 IN BOOK 876 PAGE 22 OF DEEDS. ALSO EXCEPT THAT PORTION GRANTED TO THE COUNTY OF SAN BERNARDINO BY DEED RECORDED JULY 1, 1964 IN BOOK 6181 PAGES 169 AND 172 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST ¼ CORNER OF SAID SECTION 11, SAID ¼ CORNER ALSO BEING THE SOUTHWEST CORNER OF SAID 220 FEET OF THE SOUTH 220 FEET OF THE WEST ½ OF THE SOUTH ½ OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SAID SECTION; THENCE NORTH 0° 09’ 45” WEST ALONG THE WEST LINE OF SAID SECTION, A DISTANCE OF 220 FEET; THENCE SOUTH 89° 45’ 27” EAST ALONG A LINE PARALLEL WITH THE SOUTH LINE OF THE NORTHWEST ¼ OF SAID SECTION 11 A DISTANCE OF 40.00 FEET, MORE OR LESS, TO A POINT ON A LINE DRAWN PARALLEL WITH, A DISTANCE OF 40.00 FEET EAST FROM THE SAID WEST LINE OF SECTION 11; THENCE SOUTH 0° 09’ 45” EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 150.00 FEET; THENCE SOUTH 44° 57’ 36” EAST, 28.39 FEET, MORE OR LESS, TO A POINT ON A LINE DRAWN PARALLEL WITH AND DISTANT 50.00 FEET NORTH FROM THE SOUTH LINE OF SAID NORTHWEST ¼; THENCE SOUTH 89° 45’ 27” EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 160 FEET, MORE OR LESS, TO A POINT ON THE EAST LINE OF THE WEST 220 FEET; THENCE SOUTH 0° 09’ 45” EAST ALONG SAID EAST LINE, 50 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST ¼ OF SECTION 11; THENCE NORTH 89° 45’ 27” WEST ALONG SAID SOUTH LINE A DISTANCE OF 220 FEET TO THE POINT OF BEGINNING. Assessor’s Parcels Numbers of the Property: 0208-291-05 Page 56 Resolution No. 20XX-XXX – Page 4 of 5 1 8 2 2 Exhibit B Description of the District Improvements Fiscal Year 2021/22 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. DRC2015-00681: 0 street lights Page 57 Resolution No. 20XX-XXX – Page 5 of 5 1 8 2 2 Exhibit C Proposed Annual Assessment Fiscal Year 2021/22 Street Light Maintenance District No. 6 (Commercial Industrial): The rate per Equivalent Benefit Unit (EBU) is $51.40 for the fiscal year 2021/22. The following table summarizes the assessment rate for Street Light Maintenance District No. 6 (Commercial Industrial) for Case No. DRC2015-00681: Land Use Basis EBU Factor* Rate per EBU* Commercial/ Industrial Acre 1.00 $51.40 The proposed annual assessment for the property described in Exhibit A is as follows: 0.70 Acres x 1.00 EBU Factor x $51.40 Rate per EBU = $35.98 Annual Assessment Page 58 DATE:November 3, 2021 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Jason Welday, Director of Engineering Services/City Engineer SUBJECT:Consideration of a Resolution to Amend the Estacia Street, et al. Residential Permit Parking District to Add Dorset Court East of Elmhurst Avenue Pursuant to Municipal Code Section 10.50. (RESOLUTION NO. 2021-119) (CITY) RECOMMENDATION: Staff recommends that the City Council: 1) Adopt the attached resolution to amend the Estacia Street, et al. Residential Permit Parking District to add Dorset Court east of Elmhurst Avenue into the existing district and 2) Waive fees for the first issuance of permits for the proposed residential permit parking district. BACKGROUND: Beginning in May of this year, staff was contacted by multiple residents of the neighborhood generally located north of Foothill Boulevard and west of Hermosa Avenue (Tract 9153) and comprised of Estacia Street, Elmhurst Avenue, Stafford Street, Effen Street, Dorset Court, and Cambridge Avenue (see Attachment 1). Residents expressed concerns with overflow on-street parking in their neighborhood from the nearby Arte apartment complex and the neighborhood impacts that had accompanied this overflow parking, including occupation of limited on-street parking, littering and animal waste, and illegal activity including altercations involving those parking in the neighborhood. Following a neighborhood meeting in June, and additional conversations with staff, the City received a petition seeking the creation of a Residential Permit Parking District pursuant to Rancho Cucamonga Municipal Code Section 10.50 that would restrict legal access to on-street parking in the neighborhood to residents and their guests displaying City-issued permits. The City Council held a public hearing on September 15, 2021 to consider the petition. A second public hearing was held on October 20, 2021. During these hearings, The City Council received testimony from residents of both the affected neighborhood and Arte along with members of the property management team for Arte on the impacts of the overflow parking issue. Further, staff provided recommendations for a multifaceted approach to the problem, including updates to Arte’s parking management plan, encouraging Arte to acquire additional off-site parking supply, and the creation of the requested district. Page 59 Page 2 1 0 1 3 At the conclusion of the hearing on October 20, 2021, the City Council adopted Resolution No. 2021-100 creating the Estacia Street, et al. Residential Permit Parking District. The adopted resolution included Estacia Street, Elmhurst Avenue, Stafford Street, Effen Street, and Cambridge Avenue but did not include Dorset Court as evaluation of petition data showed that most of the residents on that street were not in support of a permit parking district. In addition to creating the district, the resolution also directed staff to work with the property manager for Arte on their proposal to widen Hermosa Avenue as part of an updated parking management plan along with re-evaluation of the district by the City Council after 6 months of operation. ANALYSIS: On October 22, 2021, staff received a petition signed by all five residents on Dorset Court seeking to have their street added to the recently created Estacia Street, et al. Residential Permit Parking District. Staff has verified the signatures on the petition and considered the testimony received during the public hearings on September 15, 2021 and October 20, 2021. Both the petition and testimony are supportive of the required findings for the creation of a residential permit parking district. Chapter 10.50.020 of the municipal code requires that the City Council make the following findings prior to adoption of a resolution creating a residential permit parking district: A. Vehicles, operated by persons whose destinations are outside the proposed parking district, do or may substantially and regularly interfere with the use of the majority of available parking spaces for use of residents within the proposed permit parking district; Vehicles parked within the proposed residential permit parking district are observed to originate from outside of the neighborhood and have regularly interfered with the use of on-street parking by residents and their guests. Many of the vehicles are observed to be owned by residents outside of the immediate neighborhood. B. The interference by such vehicles occurs at regular and significant daily or weekly intervals; The interference of on street parking is occurring significantly and daily. C. That such vehicles being driven or parked in the area of the proposed permit parking district cause or are the source of unreasonable noise, traffic hazards, environmental pollution, parking availability for residents, or devaluation of real property in such proposed district; Vehicles from outside the community have created impacts including a reduction of parking available for residents, litter, and concerns for public safety leading to potential devaluation of real property. D. That 75% of the residents within the proposed district desire, agree or request permit parking privileges (unless established by city council action in absence of a petition); The petition requesting the creation of the residential permit parking district is supported by five out of five addresses on the cul-de-sac of Dorset Court sought to be added into the existing Estacia Street, et al. Residential Permit Parking District (see Attachment 2), which is 100% of the residents within the proposed district addition. Page 60 Page 3 1 0 1 3 E. That no unreasonable displacement of vehicles will result into surrounding residential areas; With the inclusion of Dorset Court, the proposed residential permit parking district consists of all contiguous streets of the neighborhood west of and connecting to Hermosa Avenue. There are commercial uses and apartments south and southeast of the proposed parking district along Foothill Boulevard whose customers and residents would not be eligible to obtain permits since they would not be part of the district. There is also a single-family neighborhood to the east of the proposed district and north of the apartments. Some residents from this neighborhood attended the community meeting in June and expressed concerns with overflow parking, however staff has not received a petition requesting a permit parking district from this neighborhood. Should the implementation of the proposed district result in displaced parking that is of concern to residents east of Hermosa Avenue, staff will assist them with processing a request for a similar parking district. F. That no alternative solution, other than the establishment of the permit parking district, is practical. Staff worked with members of the community to explore other options for parking restrictions, such as time specific restriction of parking, complete restriction of parking, and different boundaries for the proposed permit parking district among others but these options did not satisfy the needs of the neighborhood. Continued enforcement of the violations occurring on the streets within the proposed permit parking district have also proved to be costly and ineffective in discouraging further violations. It was determined that the requested residential permit parking district is the most appropriate and practical solution to address these impacts. The installation of “permit parking only” signs would allow patrolling officers to cite or tow violators at their discretion depending on circumstances including extent of violations, persistence of violations, and availability of resources. Residential permit parking districts have been created and proven to be effective in several areas of the City. The permit parking district is anticipated to alleviate these impacts to the neighborhood and protect the community’s quality of life. In discussions with the residents, concerns were raised about the nominal fees charged for issuance of permits as part of the residential permit parking program. These fees were initially implemented many years ago to defray some of the cost for implementation of such districts. The amount collected has not been increased since the inception of the program and covers only a small portion of the actual cost of implementation of the district and issuance of the permits. In an effort to partner with the neighborhood in seeking a solution to the problems described above related to overflow parking in the neighborhood, staff agreed to recommend a one-time fee waiver for the initial issuance of permits in this district as part of its creation. Staff will also be evaluating the program to determine how best to fund the creation and operation of future districts. If the recommended addition of Dorset Court is approved by the City Council, staff will work to coordinate the placement of signs and issuance of permits with those needed to implement the district in the remainder of the neighborhood to avoid a gap in implementation to the greatest extent possible. Finally, the same conditions set forth in Resolution No. 2021-100 related to continued efforts to mitigate the overflow parking issue and re-evaluation of the district would apply to Dorset Court. Page 61 Page 4 1 0 1 3 FISCAL IMPACT: The fiscal impact of this action would be minor, consisting of the cost of parking passes, installation of signs, and the associated administration of the permit parking program for an additional 5 residences. The City already has several permit parking districts, and this district would adopt the same policies and procedures. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: Creation of the proposed permit parking district addresses the City Council’s vision for the City by establishing programs that maintain the high quality of life in local neighborhoods that promote a world class community. ATTACHMENTS: Attachment 1 - Vicinity Map Attachment 2 – Petition Map Attachment 3 - Resolution No. 2021-119 Page 62 ATTACHMENT 1 VICINITY MAP HAVEN AVENUEFOOTHILL BOULEVARD CHURCH STREETHERMOSA AVENUEPage 63 DORSET CTMAP –DORSET CTUPDATED: 10/25/2021KEY: ‐SIGN (5/5)‐NOT SIGN (0/5)‐YES (5/5) 100%‐NO (0/5) 0%  Page 64 Resolution No. 2021-XXXX – Page 1 of 6 RESOLUTION NO. 2021-XXXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING DORSET COURT EAST OF ELMHURST AVENUE TO THE EXISTING THE “ESTACIA STREET, ET AL.” PERMIT PARKING DISTRICT IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 10.50 OF THE RANCHO CUCAMONGA MUNICIPAL CODE A. Recitals 1. California Vehicle Code Section 22507 allows a general law city to establish by resolution a preferential parking program by which there is a designation of certain streets upon which preferential parking privileges are given to residents adjacent to the streets for their use and the use of their guests. 2. Chapter 10.50 of the Rancho Cucamonga Municipal Code permits the establishment of a Permit Parking District in an area in which vehicles operated by persons whose destinations are outside of the proposed Permit Parking District substantially and regularly interfere with the use of the majority of available parking spaces for use by residents. 3. Attached hereto as Exhibit A is an amended map of an area herein referred to as “Estacia Street, et al.” including Estacia Street, Elmhurst Avenue, Stafford Street, Effen Street, Dorset Court, and Cambridge Avenue and also hereinafter referred to as the “Parking District” in which vehicles operated by persons whose destination is outside of the boundaries of the proposed district, substantially and regularly interfering with the use and availability of parking spaces in the Parking District. 4. Substantial evidence has been presented to this Council at public hearings held on September 15, 2021 and October 20, 2021 demonstrating that the persons referred to in Recital 3 above, not only occupy a majority of the parking spaces in the Parking District, but also block access to the Parking District’s residences, disrupt delivery of mail and packages, and deposit trash and litter within the Parking District, and that these activities occur at regular and significant intervals. 5. It is the purpose of this Resolution to amend the Parking District to add Dorset Court to the existing Estacia Street, et al. Residential Permit Parking District. 6. The Parking District is an area within which parking shall be limited at all times to parking by residents of that Parking District, their guests, and those persons exempt from that limitation pursuant to Rancho Cucamonga Municipal Code Section 10.50.100. 7. Pursuant to Rancho Cucamonga Municipal Code Section 10.50.040, the residents of the proposed Permit Parking District’s petition shall be submitted before the City Council with the City Engineer’s Recommendation and Report which is attached hereto as Exhibit B and made a part hereof. 8. All legal prerequisites to the adoption of this Resolution have been satisfied. Page 65 Resolution No. 2021-XXXX – Page 2 of 6 B. Resolution NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby finds that all the facts stated in Part A of this Resolution are true and correct. 2. Based on substantial evidence presented to this City Council including the evidence contained in the staff report, the City Council further finds and determines as follows: A. Vehicles operated by persons whose destinations are outside of the Parking District as defined in Subsection 10.50.020(A) of the Rancho Cucamonga Municipal Code substantially and regularly interfere with the use of the majority of parking spaces for use of residents within the Parking District; B. The interference by the vehicles referred to in Paragraph 2(A) above occurs at regular and significant intervals; C. The vehicles referred to in Paragraph 2(A) above cause and are the source of unreasonable noise, traffic hazards, and environmental pollution within the Parking District; D. A petition of the Residents of the proposed addition to the Permit Parking District has been received by the City Engineer and said petition was confirmed to have more than 75% of the Residents agree to the establishment of the Permit Parking District. E. No unreasonable displacement of vehicles operated by persons whose destination is outside of the Parking District will result into surrounding residential areas; and F. No alternative solution, other than the establishment of the Permit Parking District is feasible or practical. 3. Based on the findings set forth in Paragraph 2 above, the Parking District is hereby amended and established as a Permit Parking District pursuant to the provisions of Chapter 10.50 of the Rancho Cucamonga Municipal Code and parking therein is restricted to those residents and their guests possessing permits issued by the City Engineer or his designee and those exempt pursuant to Rancho Cucamonga Municipal Code Section 10.50.100. 4. The City Engineer’s Recommendation and Report has been submitted and the City Council accepts and approves said Recommendation and Report inclusive of Cost of Parking Permits. 5. The City Engineer is hereby instructed to immediately cause appropriate signs to be placed and posted within the Parking District indicating the parking limitations established by this Resolution and to implement and administer the permit process specified in Rancho Cucamonga Municipal Code Sections 10.50.070 and 10.50.080. 6. All other terms of the creation and operation of the Estacia Street, et al. Residential Permit Parking District pursuant to Resolution No. 2021-100 shall remain in effect. Page 66 Resolution No. 2021-XXXX – Page 3 of 6 7. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, and ADOPTED this ___ day of _________ 2021. ______________________________________ L. Dennis Michael, Mayor ATTEST: _________________________________ Janice C. Reynolds, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the ___ day of __________ 2021. AYES: NOES: ABSENT: ABSTAINED: Executed this ___ day of __________ 2021, at Rancho Cucamonga, California. ______________________________________ Janice C. Reynolds, City Clerk Page 67 Resolution No. 2021-XXXX – Page 4 of 6 EXHIBIT A “Estacia Street et al.” Permit Parking District The proposed district includes the houses fronting Estacia Street, Elmhurst Avenue, Stafford Street, Effen Street, Dorset Court, and Cambridge Avenue between Hermosa Avenue and Ramona Avenue and shall restrict parking on both sides of these streets to vehicles with valid permits or exemptions as defined by the Rancho Cucamonga Municipal Code. Page 68 Resolution No. 2021-XXXX – Page 5 of 6 PERMIT PARKING DISTRICTS PERMIT PARKING DISTRICT PROGRAM The Parking Permit District Program is governed by Section 10.50, “Permit Parking Districts” of the City of Rancho Cucamonga Municipal Code and allows residents of a Permit Parking District special permits that exempt them and their guests from certain on-street parking restrictions. REQUESTING A PERMIT PARKING DISTRICT Requests for creation of a Permit Parking District may be made by submitting a petition signed by at least seventy-five percent (75%) of the residents (one vote per address) within the boundaries of the proposed district (as designated in the petition) to the Engineering Services Department. All requests will be reviewed for conformance with program requirements defined in Section 10.50, “Permit Parking Districts” of the City of Rancho Cucamonga Municipal Code including the following required findings: Vehicles, operated by persons whose destinations are outside the proposed parking district, do or may substantially and regularly interfere with the use of the majority of available parking spaces for use of residents within the proposed permit parking district; The interference by commuter vehicles occurs at regular and significant daily or weekly intervals; That such vehicles being driven or parked in the area of the proposed permit parking district cause or are the source of unreasonable noise, traffic hazards, environmental pollution, parking availability for residents, or devaluation of real property in such proposed district; That 75 percent of the residents within the proposed district desire, agree or request permit parking privileges (unless established by city council action in absence of a petition); That no unreasonable displacement of commuter vehicles will result into surrounding residential areas; That no alternative solution, other than the establishment of the permit parking district, is feasible or practical. Upon completion of this review, City staff will inform applicants of their findings. Requests that meet program requirements will be forwarded to the City Council for consideration. The City Council may establish the requested Permit Parking District by adoption of a resolution. LIMITATIONS A parking permit does not exempt a vehicle from Section 10.44.130, "Storage of Vehicles upon Streets", of the City of Rancho Cucamonga Municipal Code. According to Section 10.44.130, a vehicle may not park in the same parking space on a public street for more than seventy-two (72) consecutive hours. As well, parking permits do not exempt a vehicle from Section 10.64.030 "Parking Restriction", of the City of Rancho Cucamonga Municipal Code. According to Section 10.64.030, it is unlawful for any person to park or store any house car, trailer, camp trailer, trailer coach, camper, or boat upon any public street or highway or alley within the City for longer than one hour between the hours of 2:00 AM and 6:00 AM on any day. Residential Parking Permit Program Page 1 Updated: 7/26/2021 EXHIBIT B Engineer’s Recommendations Page 69 Resolution No. 2021-XXXX – Page 6 of 6 TYPES OF PERMITS AND PROPER DISPLAY The City currently issues a mirror-hanger style permit which shall be hung from the inside rear view mirror, visible from the front of the vehicle. Temporary guest parking permits are to be placed on the dashboard with the printed side visible from the front of the vehicle. OBTAINING PARKING PERMITS Residents living within the boundaries of an established Permit Parking District may apply for parking permits. Proof of residency less than 30 days old is required upon application for permits. A maximum of five (5) parking permits may be issued to residents of a single dwelling unit. Requests for more than five (5) parking permits per address are subject to review by the City Engineer. Parking permits may be obtained in person Monday through Thursday, 7:00 AM to 6:00 PM at City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, CA 91730 or by mailing a copy of your information to the Engineering Services Department at the address listed below. Residents must provide proof of residency less than 30 days old in one of the following forms (originals will be reviewed for proof of residency and returned to the requestor): Current utility bill, bank statement, credit card bill, or other bill statement that was sent through the mail on a monthly billing cycle Rental/lease agreement signed within the last 30 days Proof of property ownership, tax bill or new escrow papers EXPIRATION Parking permits are valid for a period of up to five (5) years. Parking permits currently being issued will expire on July 31, 2025. COSTS Parking Permit $10 for the first vehicle plus $2 for each additional vehicle (maximum of 5) when registered all at the same time. Replacement of lost, stolen, or damaged permits $10 each Temporary Guest Parking Permit Free The cost listed for parking permits is based on the cost of materials and staff time to manage the program and for keeping records. Costs are subject to change. TEMPORARY GUEST PARKING PERMITS Residents living within the boundaries of an established Permit Parking District may apply for Temporary Guest Parking Permits which are valid for one day. If a resident desire more than fifty (50) Temporary Guest Parking Permits for a special event, the resident may apply for a special event permit that will temporarily suspend the need for visitors to display a parking permit. Staff may require that the resident fulfill special conditions, such as notifying neighbors of the special event, and covering the permit parking district regulation signs. FINE FOR PARKING VIOLATIONS Fine per violation $50 (Fines are subject to change) PROGRAM CONTACT INFORMATION City of Rancho Cucamonga / Engineering Services Department P. O. Box 807 Rancho Cucamonga, CA 91730 (909) 477-2700 Residential Parking Permit Program Page 2 Updated: 7/26/2021 Page 70 DATE:November 3, 2021 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 Brian Sandona, Sr. Civil Engineer SUBJECT:Consideration of the Improvement Agreement and Improvement Securities for Street Improvements, Order Annexation to Landscape Maintenance District No. 3B, Street Light Maintenance Districts Nos. 1 and 6 for Case No. DRC2019-00381, Located at the Northeast Corner of Foothill Boulevard and Red Hill Country Club Drive. (RESOLUTION NOS. 2021-120, 2021-121 AND 2021-122) (CITY) RECOMMENDATION: Staff recommends that the City Council: 1. Approve the plans and specifications along with an Improvement Agreement for related public improvements and authorize the Mayor and the City Clerk to sign said agreement; 2. Accept security in the form of cash bonds for completion of the related public improvements; and 3. Adopt the attached resolutions ordering the annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance Districts Nos. 1 and 6. BACKGROUND: On February 12, 2020, Planning Commission approved Case No. DRC2019-00381 for the reconstruction and expansion of a service station and convenience store located in the Mixed- Use (MU) District and Foothill Boulevard Overlay District Subarea 1 at the northeast corner of Foothill Boulevard and Red Hill Country Club Drive, located at 8166 Foothill Boulevard. Case No. DRC2019-00381 was approved subject to a condition that certain public improvements be constructed including curb and gutter, street trees, sidewalk, utility undergrounding, a driveway approach and street improvements. ANALYSIS: The developer, 8166 Foothill Boulevard, LLC has submitted an Improvement Agreement and securities to guarantee construction of the off-site public improvements in the following amounts: Faithful Performance Cash Bond (Receipt No. 314865) $144,700 Labor and Material Cash Bond (Receipt No. 314864) $144,700 Page 71 Page 2 1 0 0 9 Approval of this item by Council would approve the Improvement Agreement, accept the securities for the construction of certain public improvements including the undergrounding of overhead utilities on Red Hill Country Club Drive, 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 are on file in the City Clerk’s Office. FISCAL IMPACT: The proposed annexations would satisfy the conditions of approval for the development and supply additional annual revenue into the landscape and lighting maintenance districts in the following amounts: Landscape Maintenance District No. 3B $158.05 Street Light Maintenance District No. 1 $19.90 Street Light Maintenance District No. 6 $28.78 The developer will be installing 17 street trees that will be maintained by the City. No new street lights are being installed. COUNCIL MISSION / VISION / 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 72 ATTACHMENT 1 1 8 1 6 DRC2019-00381 Vicinity Map NOT TO SCALE Project Site Page 73 ATTACHMENT #2 Resolution No. 20XX-XXX – Page 1 of 5 RESOLUTION NO. 20XX - 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. DRC2019-00381 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 Page 74 Resolution No. 20XX-XXX – Page 2 of 5 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 2021. Page 75 Resolution No. 20XX-XXX – Page 3 of 5 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: 8166 FOOTHILL BOULEVARD, LLC The legal description of the Property is: TRACT NO 2521 LOT 9 EX PTN TO STS AND EX MNL RTS AND TRACT 2521 LOT 8 TRACT NO 2521 LOT 8 AND 1/2 ALLEY ADJ ON NE (PER RESOLUTION 9-27-83 NO 225182) EX MINERAL RTS OF RECORD Assessor’s Parcels Numbers of the Property: 0207-112-03 0207-112-20 Page 76 Resolution No. 20XX-XXX – Page 4 of 5 Exhibit B Description of the District Improvements Fiscal Year 2021/22 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. DRC2019-00381: 17 street trees Page 77 Resolution No. 20XX-XXX – Page 5 of 5 Exhibit C Proposed Annual Assessment Fiscal Year 2021/22 Landscape Maintenance District No. 3B (Commercial Industrial): The rate per Equivalent Benefit Unit (EBU) is $282.24 for the fiscal year 2021/22. The following table summarizes the assessment rate for Landscape Maintenance District No. 3B (Commercial Industrial) for Case No. DRC2019-00381: Land Use Basis EBU Factor* Rate per EBU* Non-Residential Acre 1.00 $282.24 The proposed annual assessment for the property described in Exhibit A is as follows: 0.56 Acres x 1.00 EBU Factor x $282.24 Rate per EBU = $158.05 Annual Assessment Page 78 ATTACHMENT #3 Resolution No. 20XX-XXX – Page 1 of 5 RESOLUTION NO. 20XX - 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. DRC2019-00381 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 Page 79 Resolution No. 20XX-XXX – Page 2 of 5 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 2021. Page 80 Resolution No. 20XX-XXX – Page 3 of 5 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: 8166 FOOTHILL BOULEVARD, LLC The legal description of the Property is: TRACT NO 2521 LOT 9 EX PTN TO STS AND EX MNL RTS AND TRACT 2521 LOT 8 TRACT NO 2521 LOT 8 AND 1/2 ALLEY ADJ ON NE (PER RESOLUTION 9-27-83 NO 225182) EX MINERAL RTS OF RECORD Assessor’s Parcels Numbers of the Property: 0207-112-03 0207-112-20 Page 81 Resolution No. 20XX-XXX – Page 4 of 5 Exhibit B Description of the District Improvements Fiscal Year 2019/20 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. DRC2019-00381: 0 street lights Page 82 Resolution No. 20XX-XXX – Page 5 of 5 Exhibit C Proposed Annual Assessment Fiscal Year 2021/22 Street Light Maintenance District No.1 (Arterial Streets): The rate per Equivalent Benefit Unit (EBU) is $17.77 for the fiscal year 2021/22. The following table summarizes the assessment rate for Street Light Maintenance District No.1 (Arterial Streets) for Case No. DRC2019-00381: Land Use Basis EBU Factor* Rate per EBU* Single Family Residential Parcel 1.00 $17.77 Multi-Family Residential Parcel 1.00 17.77 Non-Residential Acre 2.00 17.77 The proposed annual assessment for the property described in Exhibit A is as follows: 0.56 Acres x 2.00 EBU Factor x $17.77 Rate per EBU = $19.90 Annual Assessment Page 83 ATTACHMENT #4 Resolution No. 20XX-XXX – Page 1 of 5 RESOLUTION NO. 20XX - 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. DRC2019-00381 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 Page 84 Resolution No. 20XX-XXX – Page 2 of 5 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 2021. Page 85 Resolution No. 20XX-XXX – Page 3 of 5 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: 8166 FOOTHILL BOULEVARD, LLC The legal description of the Property is: TRACT NO 2521 LOT 9 EX PTN TO STS AND EX MNL RTS AND TRACT 2521 LOT 8 TRACT NO 2521 LOT 8 AND 1/2 ALLEY ADJ ON NE (PER RESOLUTION 9-27-83 NO 225182) EX MINERAL RTS OF RECORD Assessor’s Parcels Numbers of the Property: 0207-112-03 0207-112-20 Page 86 Resolution No. 20XX-XXX – Page 4 of 5 Exhibit B Description of the District Improvements Fiscal Year 2021/22 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. DRC2019-00381: 0 street lights Page 87 Resolution No. 20XX-XXX – Page 5 of 5 Exhibit C Proposed Annual Assessment Fiscal Year 2021/22 Street Light Maintenance District No. 6 (Commercial Industrial): The rate per Equivalent Benefit Unit (EBU) is $51.40 for the fiscal year 2021/22. The following table summarizes the assessment rate for Street Light Maintenance District No. 6 (Commercial Industrial) for Case No. DRC2019-00381: Land Use Basis EBU Factor* Rate per EBU* Commercial/ Industrial Acre 1.00 $51.40 The proposed annual assessment for the property described in Exhibit A is as follows: 0.56 Acres x 1.00 EBU Factor x $51.40 Rate per EBU = $28.78 Annual Assessment Page 88 DATE:November 3, 2021 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 Annette Cano-Soza, Assistant Engineer SUBJECT:Consideration to Order the Annexation to Landscape Maintenance District No. 1 and Street Light Maintenance Districts Nos. 1 and 2 Related to Case No. PMT2021-01562, Located at 10163 26th Street. (RESOLUTION NO. 2021-123, 2021-124 AND 2021-125) (CITY) RECOMMENDATION: Staff recommends that the City Council approve the attached resolutions ordering the annexation into Landscape Maintenance District No. 1 and Street Light Maintenance Districts Nos. 1 and 2 related to Case No. PMT2021-01562. BACKGROUND: Case No. PMT2021-01562 was submitted to the Building and Safety Services Department on April 15, 2021 for the construction of a 652 square foot addition and 120 square foot interior remodel located at 10163 26th Street. The City’s municipal code requires the applicant sign Consent and Waiver Forms to annex the subject property to the appropriate Landscape and Street Light Maintenance Districts. ANALYSIS: The owner, Alexandria Marissa Rincon has submitted the Consent and Waiver to Annexation Forms for Landscape Maintenance District No. 1 and Street Light Maintenance District Nos. 1 and 2. Copies of these forms are on file with the City Clerk’s Office. FISCAL IMPACT: The proposed annexations would supply additional annual revenue into the landscape and street light maintenance districts in the following amounts: Landscape Maintenance District No. 1: $92.21 Street Light Maintenance District No. 1: $17.77 Street Light Maintenance District No. 2: $39.97 Further, the development will construct no streetlights and no street trees that will need to be maintained by the City. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item addresses the City Council’s vision for the City by ensuring the maintenance of high- quality public improvements that promote a world class community. Page 89 Page 2 9 9 8 ATTACHMENTS: Attachment 1 - Vicinity Map Attachment 2 - Resolution Ordering Annexation - LMD1 Attachment 3 - Resolution Ordering Annexation - SLD1 Attachment 4 - Resolution Ordering Annexation - SLD2 Page 90 ATTACHMENT 1 1 6 0 7 PMT2021-01562 Vicinity Map NOT TO SCALE Project Site Page 91 Resolution No. 20XX-XXX – Page 1 of 5 ATTACHMENT 2 RESOLUTION NO. 20XX - XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY) FOR PROJECT CASE NO. PMT2021-01562 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the “Landscape and Lighting Act of 1972”, being Division 15, Part 2 of the Streets and Highways Code of the State of California (the “Act”, said special maintenance district known and designated as Landscape Maintenance District No. 1 (General City) (the “District”); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer’s report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California (“Article XIII D”) establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the “Territory”) be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the “Improvements”); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled “Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property” (the “Consent and Waiver”); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and Page 92 Resolution No. 20XX-XXX – Page 2 of 5 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 2021. Page 93 Resolution No. 20XX-XXX – Page 3 of 5 ATTACHMENT 2 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: ALEXANDRIA MARISSA RINCON The legal description of the Property is: NORTH CUCAMONGA LOT 9 BLK 53 AND PTN ALLEY VAC ADJ ON S Assessor’s Parcels Numbers of the Property: 0209-101-08 Page 94 Resolution No. 20XX-XXX – Page 4 of 5 ATTACHMENT 2 Exhibit B Description of the District Improvements Fiscal Year 2021/22 Landscape Maintenance District No. 1 (General City): Landscape Maintenance District No. 1(General City) (the “Maintenance District”) represents various landscaped areas, parks and community trails located at various sites throughout the City. These sites consist of several non-contiguous areas throughout the City. As such, the parcels within this District do not represent a distinct district area as do the other LMD’s within the City. Typically, new parcels within this District have been annexed upon development. The various sites maintained by the District consist of parkways, median islands, paseos, street trees, entry monuments, community trails and parks. The parks consist of Bear Gulch Park, East and West Beryl Park, Old Town Park, Church Street Park, Golden Oaks Park, Hermosa Park, and the undeveloped Don Tiburcio Tapia Park. Proposed additions to the Improvements for Project Case No. PMT2021-01562: 0 street trees Page 95 Resolution No. 20XX-XXX – Page 5 of 5 ATTACHMENT 2 Exhibit C Proposed Annual Assessment Fiscal Year 2021/22 Landscape Maintenance District No.1 (General City): The rate per Equivalent Benefit Unit (EBU) is $92.21 for the fiscal year 2021/22. The following table summarizes the assessment rate for Landscape Maintenance District No. 1 (General City) for Case No. PMT2021-01562: Land Use Basis EBU* Factor Rate per EBU* Single Family Residential Parcel 1.00 $92.21 Multi-Family Residential Unit 0.50 92.21 Non-Residential Acre 2.00 92.21 The proposed annual assessment for the property described in Exhibit A is as follows: 1 Parcel x 1 EBU Factor x $92.21 Rate per EBU = $92.21 Annual Assessment Page 96 Resolution No. 20XX-XXX – Page 1 of 5 ATTACHMENT 3 RESOLUTION NO. 20XX - 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. PMT2021-01562 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 Page 97 Resolution No. 20XX-XXX – Page 2 of 5 ATTACHMENT 3 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 2021. Page 98 Resolution No. 20XX-XXX – Page 3 of 5 ATTACHMENT 3 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: ALEXANDRIA MARISSA RINCON The legal description of the Property is: NORTH CUCAMONGA LOT 9 BLK 53 AND PTN ALLEY VAC ADJ ON S Assessor’s Parcels Numbers of the Property: 0209-101-08 Page 99 Resolution No. 20XX-XXX – Page 4 of 5 ATTACHMENT 3 Exhibit B Description of the District Improvements Fiscal Year 2019/20 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. PMT2021-01562: 0 street lights Page 100 Resolution No. 20XX-XXX – Page 5 of 5 ATTACHMENT 3 Exhibit C Proposed Annual Assessment Fiscal Year 2021/22 Street Light Maintenance District No.1 (Arterial Streets): The rate per Equivalent Benefit Unit (EBU) is $17.77 for the fiscal year 2021/22. The following table summarizes the assessment rate for Street Light Maintenance District No.1 (Arterial Streets) for Case No. PMT2021-01562: Land Use Basis EBU Factor* Rate per EBU* Single Family Residential Parcel 1.00 $17.77 Multi-Family Residential Parcel 1.00 17.77 Non-Residential Acre 2.00 17.77 The proposed annual assessment for the property described in Exhibit A is as follows: 1 Parcel x 1 EBU Factor x $17.77 Rate per EBU = $17.77 Annual Assessment Page 101 Resolution No. 20XX-XXX – Page 1 of 5 ATTACHMENT 4 RESOLUTION NO. 20XX - XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 2 (LOCAL STREETS) FOR CASE NO. PMT2021-01562 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the “Landscape and Lighting Act of 1972”, being Division 15, Part 2 of the Streets and Highways Code of the State of California (the “Act”, said special maintenance district known and designated as Street Light Maintenance District No. 2 (Local Streets) (the “District”); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer’s report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California (“Article XIII D”) establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the “Territory”) be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the “Improvements”); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled “Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property” (the “Consent and Waiver”); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article 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 Page 102 Resolution No. 20XX-XXX – Page 2 of 5 ATTACHMENT 4 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 2021. Page 103 Resolution No. 20XX-XXX – Page 3 of 5 ATTACHMENT 4 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: ALEXANDRIA MARISSA RINCON The legal description of the Property is: NORTH CUCAMONGA LOT 9 BLK 53 AND PTN ALLEY VAC ADJ ON S Assessor’s Parcels Numbers of the Property: 0209-101-08 Page 104 Resolution No. 20XX-XXX – Page 4 of 5 ATTACHMENT 4 Exhibit B Description of the District Improvements Fiscal Year 2021/22 Street Light Maintenance District No. 2 (Local Streets): Street Light Maintenance District No. 2 (Local Streets) (the “Maintenance District”) is used to fund the maintenance and/or installation of street lights and traffic signals located on local streets throughout the City but excluding those areas already in another local maintenance district. Generally, this area encompasses the residential area of the City west of Haven Avenue. The sites maintained by the District consist of street lights on local streets and traffic signals (or a portion thereof) on local streets generally west of Haven Avenue. Proposed additions to the Improvements for Project Case No. PMT2021-01562: 0 street lights Page 105 Resolution No. 20XX-XXX – Page 5 of 5 ATTACHMENT 4 Exhibit C Proposed Annual Assessment Fiscal Year 2021/22 Street Light Maintenance District No. 2 (Local Streets): The rate per Equivalent Benefit Unit (EBU) is $39.97 for the fiscal year 2021/22. The following table summarizes the assessment rate for Street Light Maintenance District No. 2 (Local Streets) for Case No. PMT2021-01562: Land Use Basis EBU Factor* Rate per EBU* Single Family Residential Parcel 1.00 $39.97 Multi-Family Residential Unit 1.00 39.97 Non-Residential Acre 2.00 39.97 The proposed annual assessment for the property described in Exhibit A is as follows: 1 Parcel x 1 EBU Factor x $39.97 Rate per EBU = $39.97 Annual Assessment Page 106 DATE:November 3, 2021 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Jennifer Hunt-Gracia, Community Services Director David F. Eoff IV, Senior Planner SUBJECT:Consideration of an Appropriation in the Amount of $15,000 for the Central Park Dog Park project. (CITY) RECOMMENDATION: Staff recommends the City Council approve the appropriation of additional funds in the amount of $15,000 for contract design services for the Central Park Dog Park project. BACKGROUND: In 2017, the City Council began the process of updating the Central Park Master Plan to create a vision for the remaining park space. The master plan, which was adopted in 2020, identified smaller, buildable sections ranging in size from 3 to 10 acres that are comprised of financially responsible amenities within each segment. During this process, the community identified a dog park as one of the top “passive facilities” for Central Park. Using this feedback, the City designated a 4.4-acre site at Central Park for a future dog park. In 2019, the City was awarded a grant from the State of California in the amount of $3 million. The funding was specifically requested for the construction of the dog park because it is one of the smaller segments of the overall master plan, and many of the components will be useful for future improvements to Central Park. The dog park will include three ½ acre enclosures for small and large dogs, a new restroom, paved parking lot area, new landscape consisting of turf and decomposed granite, and various site amenities. The construction of the new dog park will require a new drive approach entrance located at Base Line Road and Spruce Avenue to allow access to the dog park. The existing signalized intersection will also need to be modified with the installation of a new traffic signal to create a 4-way intersection that can accommodate the new drive approach entrance. Through a competitive bid process, the City awarded a contract to Community Works Design Group to prepare the conceptual design drawings and the construction drawings that will be used for an ensuing bid process. The City worked with the consultant to prepare a final design and cost estimates for the construction bid process and held a bid opening in June of this year. The results of the bid opening produced cost estimates that exceeded available funding, so in the best interest of the City and the project, the bids were rejected. Despite the results of the bids and the infeasibility to cover the expense gap, the City has an obligation to complete the Project and is committed to doing so. The City will continue to work with the consultant to refine the project design and seek ways to reduce the overall cost estimate without fully comprising the vision and Page 107 Page 2 1 0 1 2 expectations of the dog park. This will require additional funding and an amendment to the contract for Community Works Design Group. ANALYSIS: On March 3, 2021, the City Council approved Contract Amendment No. 1 to Contract No. 2020- 023 with Community Works Design Group in the amount of $15,000 to cover the additional contract expenses. During the design process, the City requested adjustments to the plans for final revisions to the design of the park, resulting in changes to many of the construction details, resulting in an adjustment to the costs for services in addition to the previously appropriated amount. Staff is requesting the appropriation to cover the additional contract expense and allow a small contingency for future adjustments if needed. FISCAL IMPACT: Funding for this contract, including the amendment amount, will be paid from account 1274401- 5650 (Grant Funds). The City has been responsible for upfront expenses as invoices for services are received. However, as the project progresses along, reimbursement is requested from the State to compensate the City expenses for this contract. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: The approval of the appropriation will support the City Council Core Values of providing and nurturing a high quality of life for all, promoting and enhancing a safe and healthy community for all, building and preserving a family-oriented atmosphere, and the overall continuous improvement of the community. The dog park will provide a centrally located amenity for the community and result in the completion of another phase of Central Park. ATTACHMENTS: None. Page 108 DATE:November 3, 2021 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Sean McPherson, AICP, Senior Planner SUBJECT:Consideration of Second Reading and Adoption of the Following: Ordinance No. 986 An Ordinance of the City Council of the City of Rancho Cucamonga, California, Adopting Zoning Map Amendment No. DRC2020-00267, a Request to Amend the Zoning Map Land Use District for Two Parcels of Land from a Split Designation of the Neo-Industrial (NI) and Industrial Employment (IE) Districts to Neo-Industrial (NI) District for 91.39 Acres of Land Located Approximately 1,000 Feet East of Santa Anita Avenue and 2,300 Feet West of Etiwanda Avenue, North of Fourth Street and South of Sixth Street, and Making Findings in Support Thereof Ordinance No. 987 An Ordinance of the City Council of the City of Rancho Cucamonga, California, Approving Development Agreement DRC2021-00180, Between the City of Rancho Cucamonga and Bridge Point Rancho Cucamonga, LLC, to Facilitate the Development of Two New Industrial Warehouse Buildings Totaling Approximately 2,175,000 Square Feet on Property Located Approximately 1,000 Feet East of Santa Anita Avenue and 2,300 Feet West of Etiwanda Avenue, North of Fourth Street and South of Sixth Street, Adopting an Environmental Impact Report Pursuant to the California Environmental Quality Act, and Making Findings in Support Thereof RECOMMENDATION: Staff recommends the City Council waive full reading and adopt Ordinance Nos. 986 and 987. BACKGROUND: The introduction and first reading of the above-entitled Ordinances was conducted at the Regular Council meeting of October 20, 2021. Votes at first reading: AYES: Scott, Hutchison, Michael, Spagnolo. ABSENT: Kennedy. ANALYSIS: Please refer to the September 22, 2021 Planning Commission staff report and October 20, 2021 City Council staff report. FISCAL IMPACT: Please refer to the September 22, 2021 Planning Commission staff report and October 20, 2021 City Council staff report. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: Please refer to the September 22, 2021 Planning Commission staff report and October 20, 2021 City Council staff report. Page 109 Page 2 1 0 1 1 ATTACHMENTS: Attachment 1 – Ordinance No. 986 Attachment 2 – Ordinance No. 987 Page 110 Ordinance No. 986 - Page 1 of 4 ORDINANCE NO. 986 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING ZONING MAP AMENDMENT NO. DRC2020-00267, A REQUEST TO AMEND THE ZONING MAP LAND USE DISTRICT FOR TWO PARCELS OF LAND FROM A SPLIT DESIGNATION OF THE NEO-INDUSTRIAL (NI) AND INDUSTRIAL EMPLOYMENT (IE) DISTRICTS TO NEO-INDUSTRIAL (NI) DISTRICT FOR 91.39 ACRES OF LAND LOCATED APPROXIMATELY 1,000 FEET EAST OF SANTA ANITA AVENUE AND 2,300 FEET WEST OF ETIWANDA AVENUE, NORTH OF FOURTH STREET AND SOUTH OF 6TH STREET, AND MAKING FINDINGS IN SUPPORT THEREOF – APNS: 0229-283-50 AND 51 A.Recitals. 1.WHEREAS, Bridge Point Rancho Cucamonga, LLC filed an application for Zoning Map Amendment No. DRC2020-00267, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Zoning Map Amendment is referred to as "the Application." 2.WHEREAS, on September 22, 2021, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the Application DRC2020-00267 and unanimously adopted Resolution No. 21-58 recommending that the City Council approve Zoning Map Amendment DRC2020-002267. 3.WHEREAS, on October 20, 2021, the City Council of the City of Rancho Cucamonga conducted a noticed public hearing and introduced for First Reading of Ordinance No. 986 adopting Zoning Map Amendment DRC2020-00267 and concluded said hearing on that date. 4.WHEREAS, All legal prerequisites prior to the adoption of this Resolution have occurred. B.Ordinance. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: SECTION 1: This 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 October 20, 2021, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The application applies to property located within the City; and b.The application applies to two parcels consisting of approximately 91.39-acres of land, located approximately 1,000 feet east of Santa Anita Avenue, 2,300 feet west of Etiwanda Avenue, north of 4th Street and south of 6th Street. Said parcels of land are currently designated as both Neo-Industrial (NI) and Industrial Employment (IE); and c.The existing Land Use, General Plan and Zoning Designations for the project site and adjacent properties are as follows: Attachment 1Page111 Ordinance No. 986 - Page 2 of 4 Land Use General Plan Zoning Site Industrial Warehouse, Commercial Retail, and former vineyard Heavy Industrial (HI) and General Industrial (GI) Industrial Employment (IE) and Neo-Industrial (NI) District North Industrial Heavy Industrial (HI) Industrial Employment (IE) District South Industrial (City of Ontario) Industrial Industrial (Crossroads Business Park Specific Plan) West Industrial General Industrial (GI) Industrial Employment (IE) and Neo-Industrial (NI) District East Industrial and Public Facility Heavy Industrial (HI) and Civic/Regional Industrial Employment (IE) and Neo-Industrial (NI) District d. This amendment changes the zoning designation for two project related parcels of land (APN: 0229-283-50 and 0229-283-51) from Neo-Industrial (NI) District and Industrial Employment (IE) District to Neo-Industrial (NI) District; and e. This amendment necessitates amending the General Plan Land Use Map (DRC2020- 00213) to change land use designation for the two project related parcels of land (APN: 0229-283-50 and 0229-283-51) from the current split designation of General Industrial and Heavy Industrial to General Industrial; and f. In addition to the subject Zoning Map Amendment, the project scope includes General Plan Amendment DRC2020-00213, Tentative Parcel Map (SUBTPM20271), Design Review DRC2020- 00202, Tree Removal Permit (DRC2020-0266), Minor Use Permit (DRC2021-00315) and Development Agreement (DRC2021-00180). SECTION 3: Based upon the substantial evidence presented to this Council during the above- referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a. That the subject property is suitable for the uses permitted in the proposed district in terms of access, size, and compatibility with existing land use in the surrounding area. With approval of Zoning Map Amendment DRC2020-00267, the project will be compatible with the existing and future land uses surrounding the project site. The proposed Neo-Industrial (NI) designation is compatible with the surrounding designations; and Page 112 Ordinance No. 986 - Page 3 of 4 b. That the proposed amendment is in conformance with the General Plan as the proposed Zoning Map Amendment is consistent with General Plan. Approving the Zoning Map Amendment corrects a discrepancy whereas the current project site, which comprises two parcels which are currently split zoned between Neo-Industrial (NI) and Industrial Employment (IE) would be redesignated under one zoning district, Neo-Industrial (NI). Correcting this split-zoning discrepancy complies with General Plan Land Use Goal LU-9 which requires that the City “Foster a cohesive, healthy community through appropriate patterns and scales of development, including complementary transitions between districts, neighborhoods and land uses.”; and c. That the proposed amendment would not have significant impacts on the environment nor the surrounding properties. The amendment will change the zoning designation for two project related parcels of land (APN: 0229-283-50 and 0229-283-51) from the current designation which is split between the Neo-Industrial (NI) District and Industrial Employment (IE) District to Neo-Industrial (NI) District, for which a portion of the site is already currently zoned SECTION 4: The Zoning Map Amendment, in addition to the General Plan Amendment, Tentative Parcel Map, Design Review, Tree Removal Permit, Minor Use Permit, and Development Agreement (collectively, the “Project”) were environmentally reviewed pursuant to the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the City’s Local CEQA Guidelines. Pursuant to CEQA Guidelines Section 15060(d), the City determined that an EIR would clearly be required for the Project, and therefore prepared an environmental impact report (EIR) that focused on the potentially significant effects of the Project. By separate Resolution No. 2021-111, the City Council has: (i) made the required CEQA findings and determinations, (ii) certified the Final EIR; and (iii) adopted a Mitigation Monitoring and Reporting Program for the Project. Resolution No. 2021-111 is incorporated herein by reference, and made a part hereof as if fully set forth herein. The documents and other materials that constitute the record on which this determination was made are located in the Planning Department and are in the custody of the Planning Director. Further, the mitigation measures set forth therein are made applicable to the Project. SECTION 5: The Zoning Map is hereby amended to change the zoning designation for the subject 91.39 acres of land from Neo-Industrial (NI) and Industrial Employment (IE) District to Neo-Industrial (NI) District, as shown in Attachment A. SECTION 6: If any section, subsection, sentence, clause, phrase, or word of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or preempted by legislative enactment, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or words thereof, regardless of the fact that anyone or more sections, subsections, clauses, phrases, or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. 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. Page 113 Ordinance No. 986 - Page 4 of 4 PASSED, APPROVED, AND ADOPTED this 3rd day of November, 2021. Page 114 Page 115 Conditions of Approval Community Development Department Project #: DRC2020-00202 DRC2020-00213, DRC2020-00265, DRC2020-00266, DRC2020-00267, DRC2020-00312, DRC2021-00180, SUBTPM20271 Project Name: EDR - Bridge Point Rancho Cucamonga Location: 12434 4TH ST - 022928350-0000 Project Type: Design Review Development Agreement, General Plan Amendment, Sign Permit Notice of Filing, Tentative Parcel Map, Tree Removal Permit, Zoning Map AmendmentALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions The project shall comply with all mitigation measures identified in the Environmental Impact Report SCH No. (2020100056) and the corresponding Mitigation Monitoring and Report Program. 1. No more than 10% of the building space shall be used for high-cube cold storage warehouse space, consistent with analyses conducted in the Environmental Impact Report. 2. Use of natural gas and installation of required infrastructure is prohibited and any modification to this prohibition may be subject to additional review under CEQA. 3. No sort use shall be operated on the Site during the operation of the project. A sort use means a fulfillment center that ships out smaller items, requiring extensive sorting, typically by manual means, as defined in the ITE Manual, and as further described in the project’s Draft EIR. 4. The final hydrology shall be submitted to City of Ontario for review and approval.5. The project will need to obtain an encroachment permit from the City of Ontario for any proposed work impacting City of Ontario right-of-way including, but not limited to, traffic control. 6. Standard Conditions of Approval For commercial and industrial projects, paint roll-up doors and service doors to match main building colors. 7. The applicant shall sign the Statement of Agreement and Acceptance of Conditions of Approval provided by the Planning Department. The signed Statement of Agreement and Acceptance of Conditions of Approval shall be returned to the Planning Department prior to the submittal of grading/construction plans for plan check, request for a business license, and/or commencement of the approved activity. 8. The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. In the event such a legal action is filed, the City shall estimate its expenses for litigation. The applicant shall deposit such amount with the City or enter into an agreement with the City to pay such expenses as they become due. 9. www.CityofRC.us Printed: 10/21/2021 Page 116 Project #: DRC2020-00202 DRC2020-00213, DRC2020-00265, DRC2020-00266, DRC2020-00267, DRC2020-00312, DRC2021-00180, SUBTPM20271 Project Name: EDR - Bridge Point Rancho Cucamonga Location: 12434 4TH ST - 022928350-0000 Project Type: Design Review Development Agreement, General Plan Amendment, Sign Permit Notice of Filing, Tentative Parcel Map, Tree Removal Permit, Zoning Map AmendmentALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval Copies of the signed Planning Commission Resolution of Approval or Approval Letter, Conditions of Approval, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 10. The applicant shall be required to pay California Department of Fish and Wildlife Notice of Determination & Environmental Impact Report fee pursuant to CDFW's current fee schedule, including all County processing fees. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Department within 5 days of the approval of the project by Planning Commission/City Council. 11. Any approval shall expire if Building Permits are not issued or approved use has not commenced within 2 years from the date of approval or a time extension has been granted. 12. Any modification or intensification of the approved use, including revisions in the operations of the business that is approved by this Minor Use Use Permit; improvements including new building construction; and/or other modifications/intensification beyond what is specifically approved by this Minor Use Permit, shall require the review and approval by the necessary discretionary body prior to submittal of documents for plan check/occupancy, construction, commencement of the activity, and/or issuance of a business license. The Planning Director may determine that modifications or intensifications of use require the submittal of an application to modify this Minor Use Permit for review by the City. 13. This project is subject to public art requirement outlined in Chapter 17.124 of the Development Code, in accordance with Development Agreement DRC2021-00180. The applicant shall be required to install art onsite pursuant to Development Code Section 17.124 with a minimum value of $200,000, pursuant to Development Agreement DRC2021-00180. No final approval, such as a final inspection or the a issuance of a Certificate of Occupancy, for any development project (or if a multi-phased project, the final phase of a development project) that is subject to this requirement shall occur unless the public art requirement has been fulfilled to the satisfaction of the Planning Department. 14. This tentative tract map or tentative parcel map shall expire, unless extended by the Planning Commission, unless a complete final map is filed with the Engineering Services Department within 3 years from the date of the approval. 15. Existing trees required to be preserved in place shall be protected with a construction barrier in accordance with the Development Code Section 17.80.050, and so noted on the grading plans. The location of those trees to be preserved in place and new locations for transplanted trees shall be shown on the detailed landscape plans. The applicant shall follow all of the arborist's recommendations regarding preservation, transplanting, and trimming methods. 16. Front yard and corner side yard landscaping and irrigation shall be required per the Development Code and/or . This requirement shall be in addition to the required street trees and slope planting. 17. www.CityofRC.us Page 2 of 23Printed: 10/21/2021 Page 117 Project #: DRC2020-00202 DRC2020-00213, DRC2020-00265, DRC2020-00266, DRC2020-00267, DRC2020-00312, DRC2021-00180, SUBTPM20271 Project Name: EDR - Bridge Point Rancho Cucamonga Location: 12434 4TH ST - 022928350-0000 Project Type: Design Review Development Agreement, General Plan Amendment, Sign Permit Notice of Filing, Tentative Parcel Map, Tree Removal Permit, Zoning Map AmendmentALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval A detailed landscape and irrigation plan, including slope planting and model home landscaping in the case of residential development, shall be prepared by a licensed landscape architect and submitted for Planning Director review and approval prior to the issuance of Building Permits for the development or prior final map approval in the case of a custom lot subdivision. For development occurring in the Very High Fire Hazard Severity Zone, the landscape plans will also be reviewed by Fire Construction Services. 18. Landscaping and irrigation systems required to be installed within the public right-of-way on the perimeter of this project area shall be continuously maintained by the developer. 19. The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included in the required landscape plans and shall be subject to Planning Director review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Services Department. 20. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community, Specific Plans and/or Master Plans in effect at the time of Building Permit issuance. 21. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination and in conformance with Building and Safety Services Department standards, the Municipal Code and the Rancho Cucamonga Fire Department (RCFD) Standards. 22. The site shall be developed and maintained in accordance with the approved plans which include all applicable Site Plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Department, the conditions contained herein and the Development Code regulations. 23. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the Planning Director. 24. Trash receptacle(s) are required and shall meet City standards. The final design, locations, and the number of trash receptacles shall be subject to Planning Director review and approval prior to the issuance of Building Permits. 25. The proposed public street shall be named Catherine Bridge Place. This street name shall be submitted for Planning Director review and approval in accordance with the adopted Street Naming Policy prior to approval of the final map 26. www.CityofRC.us Page 3 of 23Printed: 10/21/2021 Page 118 Project #: DRC2020-00202 DRC2020-00213, DRC2020-00265, DRC2020-00266, DRC2020-00267, DRC2020-00312, DRC2021-00180, SUBTPM20271 Project Name: EDR - Bridge Point Rancho Cucamonga Location: 12434 4TH ST - 022928350-0000 Project Type: Design Review Development Agreement, General Plan Amendment, Sign Permit Notice of Filing, Tentative Parcel Map, Tree Removal Permit, Zoning Map AmendmentALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval All Double Detector Checks (DDC) and Fire Department Connections (FDC) required and/or proposed shall be installed at locations that are not within direct view or line-of-sight of the office corner of the building. The specific locations of each DDC and FDC shall require the review and approval of the Planning Department and Fire Construction Services/Fire Department. All Double Detector Checks (DDC) and Fire Department Connections (FDC) screened behind a 4-foot high wall. For this project, these walls shall be constructed of poured in-place concrete with design elements incorporated to match the building Decorative paving shall be provided at each vehicle entrance to the site, behind the public right-of-way. These decoratively paved areas shall extend from the front property line to the building setback line and have a width equal to that of the driveway. 27. Downspouts shall not be visible from the exterior of any elevations of the buildings. All downspouts shall be routed through the interior of the building walls. 28. Engineering Services Department Please be advised of the following Special Conditions The applicant shall construct a public street along with east side of the project between 4th Street and 6th Street. The public street shall be a full width Industrial Street meeting the City Standard Plan 100-A. 1. (At-Grade Crossing) This project shall construct at-grade crossing improvements through the rail road along 6th Street. The developer shall be eligible for reimbursement of one-half the cost of the 6th Street at-grade crossing from future developments as they occur on APN: 0229-283-79. 2. The street lights shall be owned by the City. Developer shall be responsible to coordinate and pay all costs of street lights and to provide power to City owned street lights. 3. Development Impact Fees Due Prior to Building Permit Issuance: (Subject to Change / Periodic Increases - Refer to current fee schedule to determine current amounts) Drainage Impact Fee Transportation Impact Fee Police Impact Fee 4. www.CityofRC.us Page 4 of 23Printed: 10/21/2021 Page 119 Project #: DRC2020-00202 DRC2020-00213, DRC2020-00265, DRC2020-00266, DRC2020-00267, DRC2020-00312, DRC2021-00180, SUBTPM20271 Project Name: EDR - Bridge Point Rancho Cucamonga Location: 12434 4TH ST - 022928350-0000 Project Type: Design Review Development Agreement, General Plan Amendment, Sign Permit Notice of Filing, Tentative Parcel Map, Tree Removal Permit, Zoning Map AmendmentALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Please be advised of the following Special Conditions 1) Electric: The Rancho Cucamonga Municipal Utility (RCMU) shall be the electrical service provider for all project related development. The Developer shall execute a Line Extension Agreement for electric service and shall construct electrical distribution facilities in accordance with such agreement and RCMU requirements and dedicate such facilities to the Rancho Cucamonga Municipal Utility. RCMU’s proposed underground electric system will be located off of Etiwanda Ave and Sixth Street East of the proposed development. 2) Fiber: The proposed development is slated to be included in the City’s Fiber Optic Master Plan that would provide a City owned Fiber-to-the-Premise (FTTP) infrastructure. The City will require the developer to install a 1-4” UG Fiber Optic dark conduit on the frontage of the development (along the South side of Sixth Street) along the project boundary along with a 3’x4’x3’ pullbox on each end of the route and into the project boundary. The size, placement and location of the conduit and vaults shall be shown on the Street Improvement and/or Public Improvement Plans and subject to the Engineering Services Department's review and approval prior to the issuance of building permits or final map approval, whichever comes first. On site, the City will require 1-2” UG HDPE or equal fiber optic conduit to be placed underground within a duct and structure system to be installed joint trench by the Developer per Standard Drawing 135-137 and interconnected into the City's 4" fiber optic conduit. The size, placement and location of the conduit and/or vaults shall run into each of the development’s individual telecommunication room and be shown on the final dry utility onsite substructure plans and subject to the Engineering Services Department's review and approval prior to the issuance of building permits or final map approval, whichever comes first. 5. The applicant shall modify the existing traffic signal at the intersection of 4th Street and the Barrington Avenue to incorporate the new public street into an offset intersection with Barrington Avenue controlled by a single traffic signal. Furnish and install new traffic signal equipment as necessary per Caltrans standard plans and specifications plus 2019 revision, and City standard drawings. Furnish and install the necessary infrastructure to connect the signal to the adjacent signals at 4th Street and Etiwanda, and 4th Street and Santa Anita Avenues. 6. www.CityofRC.us Page 5 of 23Printed: 10/21/2021 Page 120 Project #: DRC2020-00202 DRC2020-00213, DRC2020-00265, DRC2020-00266, DRC2020-00267, DRC2020-00312, DRC2021-00180, SUBTPM20271 Project Name: EDR - Bridge Point Rancho Cucamonga Location: 12434 4TH ST - 022928350-0000 Project Type: Design Review Development Agreement, General Plan Amendment, Sign Permit Notice of Filing, Tentative Parcel Map, Tree Removal Permit, Zoning Map AmendmentALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Please be advised of the following Special Conditions Prior to the issuance of grading permits, the applicant shall submit for review plans for improvements identified below, these improvements shall be completed no later than issuance of the certificate of occupancy of the project's first building. 1. At the intersection of Etiwanda Ave. and Foothill Blvd. A. Modify the traffic signal to optimize coordination timing along Foothill Blvd between the I-15 and East Ave and implement a 140-second cycle length during the PM peak hour. B. Submit to the City fair share contributions to construct the addition of a second northbound left turn lane, a third eastbound through lane, and a third westbound through lane in the amount of $37,089. 2. At the intersection of the I-15 southbound ramps and Ontario Mills Dr./4th St. A. Restripe the southbound approach to provide one left turn lane, one through lane, and dual right turn lanes. B. Modify the existing traffic signal to implement a 130-second cycle length and overlap phasing for the northbound, southbound, and westbound right turn lanes. 3. At the intersection of the I-15 northbound ramps and 4th St. A. Modify the existing traffic signal to implement a 130-second cycle length. 7. Bus Stop: The developer shall construct a new bus shelter at the existing bus stop along the project frontage on 4th Street to the satisfaction of the Planning Director. The design of the bus shelter shall be consistent with the design of the project. The developer shall also evaluate the existing bus stop along 4th street, located at the easterly frontage of the project, for conformance to current ADA regulations. If the bus stop does not meet current ADA regulations, then the developer shall be responsible for providing design and reconstruction of the bus stop pad for compliance. Design shall be completed, and improvements secured for prior to issuance of a Building permit. The reconstruction along with all public improvements shall be completed prior to occupancy. 8. Standard Conditions of Approval Dedication shall be made of the following rights-of-way on the perimeter streets (measured from street centerline): 60 total feet on 4th Street 44 total feet on 6th Street 66 total feet on the proposed Industrial Street (full right of way width) 9. Easements for public sidewalks placed outside the public right-of-way shall be dedicated to the City.10. www.CityofRC.us Page 6 of 23Printed: 10/21/2021 Page 121 Project #: DRC2020-00202 DRC2020-00213, DRC2020-00265, DRC2020-00266, DRC2020-00267, DRC2020-00312, DRC2021-00180, SUBTPM20271 Project Name: EDR - Bridge Point Rancho Cucamonga Location: 12434 4TH ST - 022928350-0000 Project Type: Design Review Development Agreement, General Plan Amendment, Sign Permit Notice of Filing, Tentative Parcel Map, Tree Removal Permit, Zoning Map AmendmentALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval Reciprocal access easements shall be provided where necessary ensuring access to all parcels by CC&Rs or by deeds and shall be recorded prior to the issuance of Building Permits, where no map is involved, for the utilities which serve both parcels, including but not limited to, water, sewer, storm drainage. 11. A final drainage study shall be submitted to and approved by the City Engineer prior to the issuance of Grading Permits. All drainage facilities shall be installed as required by the City Engineer. 12. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. 13. A lot line adjustment or a map shall be approved among the existing parcels meeting City Development Code requirements, prior to issuance of Building Permits. 14. ** CD Information Required Prior to Sign-Off for Building Permit Prior to the issuance of building permits, if valuation is greater or equal to $100,000, a Diversion Deposit and a related administrative fee shall be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 65% of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the City. Applicant must identify if they are self-hauling or utilizing Burrtec prior to issuance of a building permit. Proof of diversion must be submitted to the Environmental Engineering Division within 60 days following the completion of the construction and / or demolition project. Contact Marissa Ostos, Environmental Engineering, at (909) 774-4062 for more information. Instructions and forms are available at the City's website, www.cityofrc.us, under City Hall / Engineering / Environmental Programs / Construction & Demolition Diversion Program. 15. Prior to approval of a lot merger, lot line adjustment, or a final map, a deposit shall be posted with the City covering the estimated cost of apportioning the assessments under Assessment Districts LMD 3B, SLD 1 & SLD 6 among the newly created parcel(s). 16. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting Districts and or Community Facility District shall be filed with the Engineering Services Department prior to issuance of Building Permits. Formation costs shall be borne by the developer. NOTE: The parcels are currently annexed into LMD 3B, SLD 1 & SLD 6. 17. Add the following note to any private landscape plans that show street trees: “All improvements within the public right-of-way, including street trees, shall be installed per the public improvement plans.” If there is a discrepancy between the public and private plans, the street improvement plans will govern. 18. www.CityofRC.us Page 7 of 23Printed: 10/21/2021 Page 122 Project #: DRC2020-00202 DRC2020-00213, DRC2020-00265, DRC2020-00266, DRC2020-00267, DRC2020-00312, DRC2021-00180, SUBTPM20271 Project Name: EDR - Bridge Point Rancho Cucamonga Location: 12434 4TH ST - 022928350-0000 Project Type: Design Review Development Agreement, General Plan Amendment, Sign Permit Notice of Filing, Tentative Parcel Map, Tree Removal Permit, Zoning Map AmendmentALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval Construct the following perimeter street improvements including, but not limited to: Street Name: 4th Street Curb & Gutter: Remove and replace as determined during design A.C. Pvmt: Grind and overlay as determined during design Side-walk : Remove and replace as determined during design Drive Appr.: Per City Standards and City Driveway Policy Street Lights: Per City Standards Street Trees: Per City Standards Bike Trail: Class II Bike Lane or as required by the City Engineer Street Name: 6th Street Curb & Gutter: Remove and replace as determined during design A.C. Pvmt: Grind and overlay as determined during design Side-walk : Remove and replace as determined during design Drive Appr.: Per City Standards and City Driveway Policy Street Lights: Per City Standards Street Trees: Per City Standards Bike Trail: Class II Bike Lane or as required by the City Engineer Street Name: Proposed Industrial Street Curb & Gutter: Per City Standards A.C. Pvmt: Per City Standards Side-walk : Per City Standards Drive Appr.: Per City Standards and City Driveway Policy Street Lights: Per City Standards Street Trees: Per City Standards Other: Modification to exist signalized intersection of Barrington and 4th to provide signalized access to new Industrial Street. Signal modification plans subject to review and approval of City Engineer. Notes: (a) Where applicable, median island includes landscaping and irrigation on meter. (b) Pavement reconstruction and overlays will be determined during plan check. 19. www.CityofRC.us Page 8 of 23Printed: 10/21/2021 Page 123 Project #: DRC2020-00202 DRC2020-00213, DRC2020-00265, DRC2020-00266, DRC2020-00267, DRC2020-00312, DRC2021-00180, SUBTPM20271 Project Name: EDR - Bridge Point Rancho Cucamonga Location: 12434 4TH ST - 022928350-0000 Project Type: Design Review Development Agreement, General Plan Amendment, Sign Permit Notice of Filing, Tentative Parcel Map, Tree Removal Permit, Zoning Map AmendmentALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval Pursuant to Municipal Code Section 16.37.010, no person shall make connections from a source of energy, fuel or power to any building or structure which is regulated by technical codes and for which a permit is required unless, in addition to any and all other codes, regulations and ordinances, all improvements required by these conditions of development approval have been completed and accepted by the City Council, except: that in developments containing more than one building, structure or unit, the development may have energy connections made in equal proportion to the percentage of completion of all improvements required by these conditions of development approval, as determined by the City Engineer, provided that reasonable, safe and maintainable access to the property exists. In no case shall more than 95 percent of the buildings, structures or units be connected to energy sources prior to completion and acceptance of all improvements required by these conditions of development approval. 20. Improvement Plans and Construction: a.Street improvement plans, including street trees, street lights, and intersection safety lights on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or the issuance of Building Permits, whichever occurs first. b. Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the Engineering Services Department in addition to any other permits required. c. Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and interconnect conduit shall be installed to the satisfaction of the City Engineer. d. Signal conduit with pull boxes shall be installed with any new construction or reconstruction project along major or secondary streets and at intersections for future traffic signals and interconnect wiring. Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other locations approved by the City Engineer. Notes: 1) Pull boxes shall be No. 6 at intersections and No. 5 along streets, a maximum of 200 feet apart, unless otherwise specified by the City Engineer. 2) Conduit shall be 3-inch pvc with pull rope or as specified. e. Access ramps for the disabled shall be installed on all corners of intersections per latest ADA standards or as directed by the City Engineer. f. Existing City roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Street or lane closure permits are required. A security shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be installed to City Standards, except for single-family residential lots. h. Street names shall be approved by the Planning Department prior to submittal for first plan check. 21. www.CityofRC.us Page 9 of 23Printed: 10/21/2021 Page 124 Project #: DRC2020-00202 DRC2020-00213, DRC2020-00265, DRC2020-00266, DRC2020-00267, DRC2020-00312, DRC2021-00180, SUBTPM20271 Project Name: EDR - Bridge Point Rancho Cucamonga Location: 12434 4TH ST - 022928350-0000 Project Type: Design Review Development Agreement, General Plan Amendment, Sign Permit Notice of Filing, Tentative Parcel Map, Tree Removal Permit, Zoning Map AmendmentALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval Install street trees per City street tree design guidelines and standards as follows. The completed legend (box below) and construction notes shall appear on the title page of the street improvement plans. Street improvement plans shall include a line item within the construction legend stating: “Street trees shall be installed per the notes and legend on Sheet ___ (typically Sheet 1).” Where public landscape plans are required, tree installation in those areas shall be per the public landscape improvement plans. Street Name: 4th Street Botanical Name: Platanus acerifolia Common Name: Min. Grow Space: 30 Spacing: 30 Size: 15 gallon minimum Qty.: to be determined during design Street Name: 6th Street Botanical Name: Magnolia grandiflora Common Name: St Mary Min. Grow Space: 20 Spacing: 20 Size: 15 gallon minimum Qty.: to be determined during design Street Name: Proposed Industrial Street (both sides of street) Botanical Name: Magnolia grandiflora Common Name: St Mary Min. Grow Space: 20 Spacing: 20 Size: 15 gallon minimum Qty.: to be determined during design Construction Notes for Street Trees: 1) All street trees are to be planted in accordance with City standard plans. 2) Prior to the commencement of any planting, an agronomic soils report shall be furnished to the City inspector. Any unusual toxicities or nutrient deficiencies may require backfill soil amendments, as determined by the City inspector. 3) All street trees are subject to inspection and acceptance by the Engineering Services Department. Street trees are to be planted per public improvement plans only. 22. www.CityofRC.us Page 10 of 23Printed: 10/21/2021 Page 125 Project #: DRC2020-00202 DRC2020-00213, DRC2020-00265, DRC2020-00266, DRC2020-00267, DRC2020-00312, DRC2021-00180, SUBTPM20271 Project Name: EDR - Bridge Point Rancho Cucamonga Location: 12434 4TH ST - 022928350-0000 Project Type: Design Review Development Agreement, General Plan Amendment, Sign Permit Notice of Filing, Tentative Parcel Map, Tree Removal Permit, Zoning Map AmendmentALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval Intersection line of sight designs shall be reviewed by the City Engineer for conformance with adopted policy. On collector or larger streets, lines of sight shall be plotted for all project intersections, including driveways. Local residential street intersections and commercial or industrial driveways may have lines of sight plotted as required. 23. All public improvements (interior streets, drainage facilities, community trails, paseos, landscaped areas, etc.) shown on the plans and/or tentative map shall be constructed to City Standards. Interior street improvements shall include, but are not limited to, curb and gutter, AC pavement, drive approaches, sidewalks, street lights, and street trees. 24. Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in accordance with the City's street tree program. 25. The developer shall be responsible for the relocation of existing utilities as necessary.26. Provide separate utility services to each parcel including sanitary sewerage system, water, gas, electric power, telephone, and cable TV (all underground) in accordance with the Utility Standards. Easements shall be provided as required. 27. Approvals have not been secured from all utilities and other interested agencies involved. Approval of the final parcel map will be subject to any requirements that may be received from them. 28. Water and sewer plans shall be designed and constructed to meet the requirements of the Cucamonga Valley Water District (CVWD), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CVWD is required prior to final map approval or issuance of permits, whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. 29. Fire Prevention / New Construction Unit Standard Conditions of Approval Fire apparatus access roads (fire lanes) can be included in an engineered onsite storm water retention plan. The ponding of storm water shall not exceed a designed depth of four (4) inches in the designated fire apparatus access road(s) and the area between the fire apparatus access road(s) and the exterior walls of all normally occupied buildings. Ponding design specifications for Building 2 appear to exceed the maximum allowable depth for onsite storm water retention. This Condition was acknowledged in the Responses letter posted Aug 27, 2020. 1. www.CityofRC.us Page 11 of 23Printed: 10/21/2021 Page 126 Project #: DRC2020-00202 DRC2020-00213, DRC2020-00265, DRC2020-00266, DRC2020-00267, DRC2020-00312, DRC2021-00180, SUBTPM20271 Project Name: EDR - Bridge Point Rancho Cucamonga Location: 12434 4TH ST - 022928350-0000 Project Type: Design Review Development Agreement, General Plan Amendment, Sign Permit Notice of Filing, Tentative Parcel Map, Tree Removal Permit, Zoning Map AmendmentALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Fire Prevention / New Construction Unit Standard Conditions of Approval Existing parcel 22928351 is required to be annexed into Community Facilities District 85-1 (CFD 85-1). Please contact Kelly Guerra with the City of Rancho Cucamonga’s Special Districts Division at (909) 774-2582 or Kelly.Guerra@CityofRC.US to complete the annexation. The annexation requirement will not be considered complete until the applicant begins the annexation process and Special Districts notifies the Fire Marshal that the process has been started. 2. Access doors are required to be identified in accordance with Fire District Standard 5-5. The Standard has been uploaded to the Documents section. 3. Access doors are required to be distributed along the exterior of the building such that the lineal distance between adjacent access doors does not exceed 125 feet measured center to center. 4. Required alarm systems and supervision systems are required to be in accordance with Fire District Standard 9-3. The Standard has been uploaded to the Documents section. 5. Plans for the alarm and/or supervision (monitoring) system are required to be submitted separately and issued a separate permit. Submit all plans to the Building & Safety Department for routing to the Fire District. 6. Plans for the egress lighting are required to be submitted separately and issued a separate permit. Submit all plans to the Building & Safety Department for routing to the Fire District. 7. Plans for high piled combustible storage are required to be submitted separately and issued a separate permit. Submit all plans to the Building & Safety Department for routing to the Fire District. 8. Plans for the private, onsite fire underground water infrastructure are required to be submitted separately and issued a separate permit. Submit all plans to the Building & Safety Department for routing to the Fire District. 9. Plans for the public, offsite fire underground water infrastructure are required to be submitted separately and issued a separate permit. Plans are required to be submitted prior to or concurrently with the submittal of the Water District mylars. Submit all plans to the Building & Safety Department for routing to the Fire District. 10. Plans for the racks used for high piled combustible storage are required to be submitted separately and issued a separate permit. Submit all plans to the Building & Safety Department for routing to the Fire District. 11. Plans for the automatic fire sprinkler system are required to be submitted separately and issued a separate permit. Submit all plans to the Building & Safety Department for routing to the Fire District. 12. Plans for suppression systems are required to be submitted separately and issued a separate permit. Submit all plans to the Building & Safety Department for routing to the Fire District. 13. Plans for the temporary access and/or hydrants are required to be submitted separately and issued a separate permit. Submit all plans to the Building & Safety Department for routing to the Fire District. 14. Exterior doors and doors providing access to fire protection and life safety systems and equipment are required to have identification signage in accordance with Fire District Standard 5-5. The Standard has been uploaded to the Documents section. 15. www.CityofRC.us Page 12 of 23Printed: 10/21/2021 Page 127 Project #: DRC2020-00202 DRC2020-00213, DRC2020-00265, DRC2020-00266, DRC2020-00267, DRC2020-00312, DRC2021-00180, SUBTPM20271 Project Name: EDR - Bridge Point Rancho Cucamonga Location: 12434 4TH ST - 022928350-0000 Project Type: Design Review Development Agreement, General Plan Amendment, Sign Permit Notice of Filing, Tentative Parcel Map, Tree Removal Permit, Zoning Map AmendmentALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Fire Prevention / New Construction Unit Standard Conditions of Approval Emergency responder radio coverage is required for the building(s) included in this project. San Bernardino County Information Services Department (ISD) conducts radio signal strength assessments for the entire county. It is highly recommended that a radio signal strength assessment is completed for this project. Where emergency responder radio coverage is determined to meet the requirements of the California Fire Code, an emergency responder radio system and/or associated equipment will not be required. Please contact Tim Trager with County ISD at 909-388-5563 or ttrager@isd.sbcounty.gov to schedule an assessment and/or obtain any available information about the project site. Where the existing emergency responder radio coverage is found to be below acceptable standards, an emergency responder radio system and associated equipment will be required to be provided in compliance and accordance with the California Fire Code. 16. Designated and conforming aerial apparatus access is required in accordance with Fire District Standard 5-1. Show aerial apparatus access on the fire access plan. The Standard has been uploaded to the Documents section. 17. Fire apparatus access (fire lane) design, construction, and identification are required to be in accordance with Fire District Standard 5-1. The Standard has been uploaded to the Documents section. 18. Fire flow information for this project is obtained from the Cucamonga Valley Water District (CVWD). CVWD can be reached at 909-944-6000 or custserv@cvwdwater.com. 19. Fire flow is required to be in accordance with Appendix B of the California Fire Code. The Fire District has adopted the appendix without local amendments except that the minimum fire flow for commercial buildings shall not be less than 1500 gpm. Proof of the availability of the required fire flow must be provided to the Fire District in the form of a letter or written report dated within the past 12 months. 20. Fire sprinkler are required to be installed in accordance with Fire District Standard 9-5. The Standard has been uploaded to the Documents section. 21. Gates installed across a commercial/industrial emergency vehicle access road (fire lane) are required to be in accordance with Standard 5-4. The Standard has been uploaded to the Documents section. 22. Identification of exterior perimeter fire access doors is required to be in accordance with Fire District Standard 5-5. The Standard has been uploaded to the Documents section. 23. High-piled combustible storage is required to be in accordance with Chapter 32 of the Fire Code and Fire District Standard 32-1. Please read and understand this Standard in its entirety to avoid delays in scheduling inspections and obtaining approvals. The Standard has been uploaded to the Documents section. 24. A Knox Box key box is required in accordance with Fire District Standard 5-9. Additional boxes may be required depending on the size of the building, the location of fire protection and life safety system controls, and the operational needs of the Fire District. The Standard has been uploaded to the Documents section. If an installed Knox Box is available to this project or business, keys for the building/suite/unit are required to be provided to the Fire Inspector at the final inspection. 25. www.CityofRC.us Page 13 of 23Printed: 10/21/2021 Page 128 Project #: DRC2020-00202 DRC2020-00213, DRC2020-00265, DRC2020-00266, DRC2020-00267, DRC2020-00312, DRC2021-00180, SUBTPM20271 Project Name: EDR - Bridge Point Rancho Cucamonga Location: 12434 4TH ST - 022928350-0000 Project Type: Design Review Development Agreement, General Plan Amendment, Sign Permit Notice of Filing, Tentative Parcel Map, Tree Removal Permit, Zoning Map AmendmentALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Fire Prevention / New Construction Unit Standard Conditions of Approval A Knox key switch is required to be installed on motorized gates that are installed across or provide access to a fire access road (fire Lane). See Fire District Standard 5-3 for Residential Gates and Fire District Standard 5-4 for Commercial and Industrial Gates. 26. A Knox or Fire District padlock is required to be incorporated into the security system for a manually operated gate that are installed across or provides access to a fire access road (fire lane). 27. Coordinate landscaping with the roof access ladder points and address signage. Landscaping cannot obstruct roof access or clear visibility of address signage from time of installation to maturity of the shrubs and trees. 28. A fire service site plan is required in accordance with Fire District Standard 5-11. The Standard has been uploaded to the Documents section. 29. All of the Fire District Standards applicable are required to be reproduced on the plans. The project is required to meet all of the applicable codes, regulations, and standards in effect and adopted at the time of plan check submittal. Fire District Standards associated with construction and plan submittals can be found on the City of Rancho Cucamonga's website and accessed via https://www.dropbox.com/sh/4k4qdxhs4tp13c7/AAAdscMKMdW9WIQe725xWyU-a?dl=0 30. Roof access is required to be in accordance with Fire District Standard 5-6. The Standard has been uploaded to the Documents section. 31. Street address and unit/suite signage for commercial and industrial buildings are required to be in accordance with Fire District Standard 5-8. The Standard has been uploaded to the Documents section. 32. Fire apparatus access roads and emergency vehicle access is required to be identified with signs and/or other approved makings in accordance with Fire District Standard 5-1. A copy of the Standard has been uploaded to the Documents section. 33. Identification of fire protection systems and components, fire alarm systems and components, and equipment and devices associated with fire and life safety systems is required to be in accordance with Fire District Standards 5-5 and 5-10. The Standards have been uploaded to the Documents section. 34. Public and private fire service water mains, public and private hydrants, water control valves, fire sprinkler risers, fire department connections (FDCs), and other fire protection water related devices and equipment are required to be provided, designed, and installed in accordance with Fire District Standard 5-10. The Standard has been uploaded to the Documents section. 35. Building and Safety Services Department Please be advised of the following Special Conditions www.CityofRC.us Page 14 of 23Printed: 10/21/2021 Page 129 Project #: DRC2020-00202 DRC2020-00213, DRC2020-00265, DRC2020-00266, DRC2020-00267, DRC2020-00312, DRC2021-00180, SUBTPM20271 Project Name: EDR - Bridge Point Rancho Cucamonga Location: 12434 4TH ST - 022928350-0000 Project Type: Design Review Development Agreement, General Plan Amendment, Sign Permit Notice of Filing, Tentative Parcel Map, Tree Removal Permit, Zoning Map AmendmentALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Building and Safety Services Department Please be advised of the following Special Conditions When the Entitlement Review is approved submit complete construction drawings including structural calculations to Building and Safety for plan review in accordance with the current edition of the CA Building and Fire Codes including all local ordinances and standards. The structure is required to be equipped with automatic fire sprinklers. A soils report is required. Disabled access to the site and building must be provided in accordance to the State of California published thresholds at the time of plan check submittal. The maximum exit access travel distance shall be 400'. Connection to the public sewer will be required. Utility easements may be required if water and sewer are from 4th street to serve building 2. 1. Grading Section Standard Conditions of Approval Prior to issuance of a grading permit the precise grading and drainage plan shall follow the format provided in the City of Rancho Cucamonga handout “Information for Grading Plans and Permit”. 1. Grading of the subject property shall be in accordance with current adopted California Building Code and/or the California Residential Code, City Grading Standards, and accepted grading practices. The Grading and Drainage Plan(s) shall be in substantial conformance with the approved conceptual Grading and Drainage Plan. 2. A soils report shall be prepared by a qualified Engineer licensed by the State of California to perform such work. Two copies will be provided at grading and drainage plan submittal for review. Plans shall implement design recommendations per said report. 3. The final Grading and Drainage Plan, appropriate certifications and compaction reports shall be completed, submitted, and approved by the Engineering Services Department prior to the issuance of building permits. 4. A separate Grading and Drainage Plan check submittal is required for all new construction projects and for existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The Grading and Drainage Plan shall be prepared, stamped, and wet signed by a California licensed Civil Engineer prior to the issuance of a grading or building permit. 5. The applicant shall comply with the City of Rancho Cucamonga Dust Control Measures and place a dust control sign on the project site prior to the issuance of a grading permit. All dust control sign(s) shall be located outside of the public right of way. 6. If a Rough Grading and Drainage Plan/Permit are submitted to the Engineering Services Department for review, the rough grading plan shall be a separate plan submittal and permit from Precise Grading and Drainage Plan/Permit. 7. www.CityofRC.us Page 15 of 23Printed: 10/21/2021 Page 130 Project #: DRC2020-00202 DRC2020-00213, DRC2020-00265, DRC2020-00266, DRC2020-00267, DRC2020-00312, DRC2021-00180, SUBTPM20271 Project Name: EDR - Bridge Point Rancho Cucamonga Location: 12434 4TH ST - 022928350-0000 Project Type: Design Review Development Agreement, General Plan Amendment, Sign Permit Notice of Filing, Tentative Parcel Map, Tree Removal Permit, Zoning Map AmendmentALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval Prior to the issuance of a grading permit the applicant shall obtain written permission from the adjacent property owner(s) to construct wall(s) on property line(s) or provide a detail(s) showing the perimeter wall(s) to be constructed offset from the property line. 8. Prior to issuance of a grading permit the Final Grading and Drainage Plan shall show the accessibility path from the public right of way and the accessibility parking stalls to the building doors in conformance with the current adopted California Building Code. All accessibility ramps shall show sufficient detail including gradients, elevations, and dimensions and comply with the current adopted California Building Code. 9. The Grading and Drainage Plan shall implement City Standards for on-site construction where possible, and shall provide details for all work not covered by City Standard Drawings. 10. Prior to issuance of a grading permit the grading plan shall show that all manufactured slopes shall be a minimum 2-foot offset from the public right of way, permitted line, or the adjacent private property. All slope offsets shall meet the requirements of the current adopted California Building Code. 11. Prior to issuance of a grading permit, the grading and drainage plan shall show the maximum parking stall gradient at 7 percent. Accessibility parking stall grades shall be constructed per the, current adopted California Building Code. 12. The applicant shall provide a grading agreement and grading bond for all cut and fill combined exceeding 5,000 cubic yards prior to issuance of a grading permit. The grading agreement and bond shall be approved by the Engineering Services Department. 13. The final grading and drainage plan shall show existing topography a minimum of 100-feet beyond project boundary. 14. This project shall comply with the accessibility requirements of the current adopted California Building Code. 15. www.CityofRC.us Page 16 of 23Printed: 10/21/2021 Page 131 Project #: DRC2020-00202 DRC2020-00213, DRC2020-00265, DRC2020-00266, DRC2020-00267, DRC2020-00312, DRC2021-00180, SUBTPM20271 Project Name: EDR - Bridge Point Rancho Cucamonga Location: 12434 4TH ST - 022928350-0000 Project Type: Design Review Development Agreement, General Plan Amendment, Sign Permit Notice of Filing, Tentative Parcel Map, Tree Removal Permit, Zoning Map AmendmentALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval Grading Inspections: a)Prior to the start of grading operations the owner and grading contractor shall request a pre-grading meeting. The meeting shall be attended by the project owner/representative, the grading contractor and the Building Inspector to discuss about grading requirements and preventive measures, etc. If a pre-grading meeting is not held within 24 hours from the start of grading operations, the grading permit may be subject to suspension by the Building Inspector; b) The grading contractor shall call into the City of Rancho Cucamonga Building and Safety Department at least 1 working day in advance to request the following grading inspections prior to continuing grading operations: i) The bottom of the over-excavation; ii) Completion of Rough Grading, prior to issuance of the building permit; iii) At the completion of Rough Grading, the grading contractor or owner shall submit to the Permit Technicians (Building and Safety Front Counter) an original and a copy of the Pad Certifications to be prepared by and properly wet signed and sealed by the Civil Engineer and Soils Engineer of Record; iv) The rough grading certificates and the compaction reports will be reviewed by the Associate Engineer or a designated person and approved prior to the issuance of a building permit. 16. Prior to approval of the final project-specific water quality management plan the applicant shall have a soils engineer prepare a project-specific infiltration study for the project for the purposes of storm water quality treatment. The infiltration study and recommendations shall follow the guidelines in the current adopted “San Bernardino County Technical Guidance Document for Water Quality Management Plans”. Note: As this project has been previously graded and the site soils have been compacted for building pads and parking lot purposes, the use of the Custom Soil Resource Report for San Bernardino County Southwestern Part by the United States Department of Agriculture, Natural Resource Conservation Service for natural soils is not acceptable for soil groundwater infiltration rates. 17. Grading Inspections: a)Prior to the start of grading operations the owner and grading contractor shall request a pre-grading meeting. The meeting shall be attended by the project owner/representative, the grading contractor and the Building Inspector to discuss about grading requirements and preventive measures, etc. If a pre-grading meeting is not held within 24 hours from the start of grading operations, the grading permit may be subject to suspension by the Building Inspector; b) The grading contractor shall call into the City of Rancho Cucamonga Building and Safety Department at least 1 working day in advance to request the following grading inspections prior to continuing grading operations: i) The bottom of the over-excavation; ii) Completion of Rough Grading, prior to issuance of the building permit; iii) At the completion of Rough Grading, the grading contractor or owner shall submit to the Permit Technicians (Building and Safety Front Counter) an original and a copy of the Pad Certifications to be prepared by and properly wet signed and sealed by the Civil Engineer and Soils Engineer of Record; iv) The rough grading certificates and the compaction reports will be reviewed by the Associate Engineer or a designated person and approved prior to the issuance of a building permit. 18. www.CityofRC.us Page 17 of 23Printed: 10/21/2021 Page 132 Project #: DRC2020-00202 DRC2020-00213, DRC2020-00265, DRC2020-00266, DRC2020-00267, DRC2020-00312, DRC2021-00180, SUBTPM20271 Project Name: EDR - Bridge Point Rancho Cucamonga Location: 12434 4TH ST - 022928350-0000 Project Type: Design Review Development Agreement, General Plan Amendment, Sign Permit Notice of Filing, Tentative Parcel Map, Tree Removal Permit, Zoning Map AmendmentALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval Prior to issuance of a grading or building permit, the permitted grading plan (or architectural site plan) set shall show in each of the typical sections and the plan view show how the separations between the building exterior and exterior ground surface meet the requirements of Sections CBC1804.3/CRC R401.3, CBC2304.11.2.2/CRC R317.1(2) and CBC2512.1.2/CRC R703.6.2.1 of the current adopted California Building Code/Residential Code. 19. Prior to issuance of a grading permit, the applicant shall obtain a signed and notarized letter from the adjacent property owner(s) for ALL work proposed on the adjacent property. The letter shall be scanned and pasted onto the permitted grading plan set. The letter shall show on either the title sheet or a detail sheet of the grading and drainage plan set. 20. Prior to approval of the project-specific storm water quality management plan, the applicant shall submit to the City Engineer, or his designee, a precise grading plan showing the location and elevations of existing topographical features, and showing the location and proposed elevations of proposed structures and drainage of the site. 21. A drainage study showing a 100-year, AMC 3 design storm event for on-site drainage shall be prepared and submitted to the Engineering Services Department for review and approval for on-site storm water drainage prior to issuance of a grading permit. The report shall contain water surface profile gradient calculations for all storm drain pipes 12-inches and larger in diameter. All reports shall be wet signed and sealed by the Engineer of Record. In addition, the project specific drainage study shall provide inlet calculations showing the proper sizing of the water quality management plan storm water flows into the proposed structural storm water treatment devices. 22. Prior to issuance of a grading permit the applicant shall show on the site plan and the permitted grading plan set for non-residential projects the designated parking for clean air vehicles per the current adopted California Green Building Standards Code, section 5.106.5.2. 23. DESIGN ISSUE: The conceptual grading and drainage plan shows an area within the parking lot and fire lane where storm water will be ponding. Prior to the issuance of a grading permit the civil engineer of record shall submit a set of grading plans to the City of Rancho Cucamonga Building and Safety Department Fire Construction Services to review the plans and provide a maximum ponding depth of the storm water retention. 24. Private sewer, water, and storm drain improvements will be designed per the latest adopted California Plumbing Code. Private storm drain improvements shall be shown on the grading and drainage plan. 25. Prior to the issuance of the Certificate of Occupancy or final sign off by the Building Inspector the engineer of record shall certify the functionality of the storm water quality management plan (WQMP) storm water treatment devices and best management practices (BMP). 26. Prior to approval of the Water Quality Management Plan (WQMP), the WQMP shall include a copy of the project Conditions of Approval. 27. www.CityofRC.us Page 18 of 23Printed: 10/21/2021 Page 133 Project #: DRC2020-00202 DRC2020-00213, DRC2020-00265, DRC2020-00266, DRC2020-00267, DRC2020-00312, DRC2021-00180, SUBTPM20271 Project Name: EDR - Bridge Point Rancho Cucamonga Location: 12434 4TH ST - 022928350-0000 Project Type: Design Review Development Agreement, General Plan Amendment, Sign Permit Notice of Filing, Tentative Parcel Map, Tree Removal Permit, Zoning Map AmendmentALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval Reciprocal access easements for all parcels and maintenance agreements ensuring joint maintenance of all storm water quality structural/treatment devices and best management practices (BMP) as provided for in the project’s Storm Water Quality Management Plan, shall be provided for by CC&R’s or deeds and shall be recorded prior to the approval of the Water Quality Management Plan. Said CC&R’s and/or deeds shall be included in the project site specific Storm Water Quality Management Plan (WQMP) document prior to approval of the WQMP document and recording of the Memorandum of Agreement of Storm Water Quality Management Plan. 28. The Preliminary Water Quality Management Plan (PWQMP) has been deemed “Acceptable”. Prior to the issuance of a grading permit a final project-specific Water Quality Management Plan shall be submitted for review and approval by the Building Official. 29. Prior to the issuance of a Grading Permit the City of Rancho Cucamonga’s “Memorandum of Agreement of Storm Water Quality Management Plan” shall be submitted for review and approval by the Building Official and recorded with the County Recorder’s Office. 30. Prior to issuance of a Grading Permit the applicant shall obtain a Waste Discharge Identification Number (WDID). The WDID number shall also be shown on the WQMP Site and Drainage Plan document. 31. The applicant shall provide a copy of a completed EPA Form 7520-16 (Inventory of Injection Wells) for each underground infiltration device, with the Facility ID Number assigned, to the Engineering Services Department prior to issuance of the Grading Permit and/or approval of the project-specific Water Quality Management Plan. A copy of EPA Form 7520-16 shall be scanned and pasted onto the permitted grading plan set, and a copy of said form shall be included in the project-specific Water Quality Management Plan. 32. The land owner shall provide an inspection report by a qualified person/company on a biennial basis for the Class V Injection Wells/underground infiltration chambers to the City of Rancho Cucamonga Environmental Program Manager. The land owner shall maintain on a regular basis all best management practices (BMP”s) as described in the Storm Water Quality Management Plan (WQMP) prepared for the subject project. All costs associated with the underground infiltration chamber are the responsibility of the land owner. 33. The land owner shall provide an inspection report on a biennial basis for the structural storm water treatment devices, commonly referred to as BMPs, to the City of Rancho Cucamonga Environmental Program Manager. The land owner shall maintain on a regular basis as described in the Storm Water Quality Management Plan prepared for the subject project. All costs associated with the underground infiltration chamber are the responsibility of the land owner. 34. The land/property owner shall follow the inspection and maintenance requirements of the approved project specific Water Quality Management Plan and shall provide a copy of the inspection reports on a biennial basis to the City of Rancho Cucamonga Environmental Program Manager. 35. www.CityofRC.us Page 19 of 23Printed: 10/21/2021 Page 134 Project #: DRC2020-00202 DRC2020-00213, DRC2020-00265, DRC2020-00266, DRC2020-00267, DRC2020-00312, DRC2021-00180, SUBTPM20271 Project Name: EDR - Bridge Point Rancho Cucamonga Location: 12434 4TH ST - 022928350-0000 Project Type: Design Review Development Agreement, General Plan Amendment, Sign Permit Notice of Filing, Tentative Parcel Map, Tree Removal Permit, Zoning Map AmendmentALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval The Site and Drainage Plan in the final project-specific Water Quality Management Plan shall show the locations of all roof downspout drains. if required for storm water quality purposes, the downspouts shall include filters. 36. The final project-specific water quality management plan (WQMP) shall include executed maintenance agreements along with the maintenance guidelines for all proprietary structural storm water treatment devices (BMP’s). In the event the applicant cannot get the proprietary device maintenance agreements executed prior to issuance of a grading permit, the applicant is required to submit a letter to be included within the WQMP document, and scanned and pasted onto the Site and Drainage Plan which states that prior to issuance of a certificate of occupancy with applicant shall enter into a contract for the maintenance of the proprietary storm water treatment device. If the proprietary storm water treatment device is part of a residential subdivision, prior to the sale of the residential lot, the developer shall include maintenance agreement(s) as part of the sale of the residential lot to the buyer. A copy of the maintenance agreements to be included in the sale of the property shall be included within the WQMP document. 37. Prior to issuance of a grading permit and approval of the project specific water quality management plan all private storm water catch basin inlets shall include insert filters to capture those pollutants of concern as addressed in the in the final project-specific water quality management plan (WQMP). At a minimum catch basin insert filters to capture trash and other floating debris. All catch basin insert filters shall be maintained on a regular basis as described in the “Inspection and Maintenance Responsibility for Post Construction BMP” section of the final project-specific water quality management plan. 38. Prior to issuance of a grading permit the Final Project-Specific Water Quality Management Plan shall include a completed copy of “Worksheet H: Factor of Safety and Design Infiltration Worksheet” located in Appendix D “Section VII – Infiltration Rate Evaluation Protocol and Factor of Safety Recommendations, …” of the San Bernardino County Technical Guidance Document for Water Quality Management Plans. The infiltration study shall include the Soil Engineer’s recommendations for Appendix D, Table VII.3: Suitability Assessment Related Considerations for Infiltration Facility Safety Factors”. 39. Prior to approval of the final project-specific water quality management plan the applicant shall have a soils engineer prepare a project-specific infiltration study for the project for the purposes of storm water quality treatment. The infiltration study and recommendations shall follow the guidelines in the current adopted “San Bernardino County Technical Guidance Document for Water Quality Management Plans”. 40. The final project-specific Water Quality Management Plan (WQMP) may be prepared as a Phased WQMP and shall include all phases of the project. Construction of the storm water treatment structural devices may be constructed as construction progresses. 41. The subject project, shall accept all existing off-site storm water drainage flows and safely convey those flows through or around the project site. If existing off-site storm water drainage flows mix with any on-site storm water drainage flows, then the off-site storm water drainage flows shall be treated with the on-site storm water drainage flows for storm water quality purposes, prior to discharging the storm water drainage flows from the project site. 42. www.CityofRC.us Page 20 of 23Printed: 10/21/2021 Page 135 Project #: DRC2020-00202 DRC2020-00213, DRC2020-00265, DRC2020-00266, DRC2020-00267, DRC2020-00312, DRC2021-00180, SUBTPM20271 Project Name: EDR - Bridge Point Rancho Cucamonga Location: 12434 4TH ST - 022928350-0000 Project Type: Design Review Development Agreement, General Plan Amendment, Sign Permit Notice of Filing, Tentative Parcel Map, Tree Removal Permit, Zoning Map AmendmentALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval Prior to the issuance of a certificate of occupancy by the Building Official, or his designee, the civil engineer of record shall file a Water Quality Management Plan (WQMP) Post Construction Storm Water Treatment Devices As-Built Certificate with the Environmental Programs Coordinator, City of Rancho Cucamonga Engineering Services Department. 43. As the use of drywells are proposed for the structural storm water treatment device, to meet the infiltration requirements of the current Municipal Separate Storm Sewers Systems (MS4) Permit, adequate source control and pollution prevention control BMPs shall be implemented to protect groundwater quality. The need for pre-treatment BMPs such as sedimentation or filtration shall be evaluated prior to infiltration and discussed in the final project-specific Water Quality Management Plan document. 44. www.CityofRC.us Page 21 of 23Printed: 10/21/2021 Page 136 Project #: DRC2020-00202 DRC2020-00213, DRC2020-00265, DRC2020-00266, DRC2020-00267, DRC2020-00312, DRC2021-00180, SUBTPM20271 Project Name: EDR - Bridge Point Rancho Cucamonga Location: 12434 4TH ST - 022928350-0000 Project Type: Design Review Development Agreement, General Plan Amendment, Sign Permit Notice of Filing, Tentative Parcel Map, Tree Removal Permit, Zoning Map AmendmentALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval GROUND WATER PROTECTION: Prior to approval of the final project specific water quality management plan (WQMP), the WQMP document shall meet the requirements of the State Water Resources Control Board Order No. R8-2010-0036 (NPDES No. CAS 618036), the San Bernardino County Municipal Separate Storm Sewers Separation (MS4) Permit reads: Section XI.D(Water Quality Management Plan Requirements).8(Groundwater Protection): Treatment Control BMPs utilizing infiltration [exclusive of incidental infiltration and BMPs not designed to primarily function as infiltration devices (such as grassy swales, detention basins, vegetated buffer strips, constructed wetlands, etc.)] must comply with the following minimum requirements to protect groundwater: a. Use of structural infiltration treatment BMPs shall not cause or contribute to an exceedance of ground water quality objectives. b. Source control and pollution prevention control BMPs shall be implemented to protect groundwater quality. The need for pre-treatment BMPs such as sedimentation or filtration should be evaluated prior to infiltration. c. Adequate pretreatment of runoff prior to infiltration shall be required in gas stations and large commercial parking lots. (NOTE: The State Water Quality Control Board defines a large commercial parking lot as ‘100,000 sq. ft. or more of commercial development to include parking lot (with 100 or more vehicle traffics), OR, by means of 5,000sqft or more of allowable space designated for parking purposes’). d. Unless adequate pre-treatment of runoff is provided prior to infiltration structural infiltration treatment BMPs must not be used for areas of industrial or light industrial activity{77}, areas subject to high vehicular traffic (25,000 or more daily traffic); car washes; fleet storage areas; nurseries; or any other high threat to water quality land uses or activities. e. Class V injection wells or dry wells must not be placed in areas subject to vehicular repair or maintenance activities, such as an auto body repair shop, automotive repair shop, new and used car dealership, specialty repair shop (e.g., transmission and muffler repair shop) or any facility that does any vehicular repair work. f. Structural infiltration BMP treatment shall not be used at sites that are known to have soil and groundwater contamination. g. Structural infiltration treatment BMPs shall be located at least 100 feet horizontally from any water supply wells. h. The vertical distance from the bottom of any infiltration structural treatment BMP to the historic high groundwater mark shall be at least 10-feet. Where the groundwater basins do not support beneficial uses, this vertical distance criteria may be reduced, provided groundwater quality is maintained. i. Structural infiltration treatment BMPs shall not cause a nuisance or pollution as defined in Water Code Section 13050. 45. www.CityofRC.us Page 22 of 23Printed: 10/21/2021 Page 137 Project #: DRC2020-00202 DRC2020-00213, DRC2020-00265, DRC2020-00266, DRC2020-00267, DRC2020-00312, DRC2021-00180, SUBTPM20271 Project Name: EDR - Bridge Point Rancho Cucamonga Location: 12434 4TH ST - 022928350-0000 Project Type: Design Review Development Agreement, General Plan Amendment, Sign Permit Notice of Filing, Tentative Parcel Map, Tree Removal Permit, Zoning Map AmendmentALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval Prior to issuance of a grading permit for non-residential projects the applicant shall show on the electrical plans and the permitted grading plan set the location for a future installation of an Electric Vehicle (EV) charging station/parking area per the current adopted California Green Building Standards Code, section 5.106.5.3. 46. www.CityofRC.us Page 23 of 23Printed: 10/21/2021 Page 138 Ordinance No. 987 - Page 1 of 4 ORDINANCE NO. 987 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT DRC2021-00180, BETWEEN THE CITY OF RANCHO CUCAMONGA AND BRIDGE POINT RANCHO CUCAMONGA, LLC, TO FACILITATE THE DEVELOPMENT OF TWO NEW INDUSTRIAL WAREHOUSE BUILDINGS TOTALING APPROXIMATELY 2,175,000 SQUARE FEET ON PROPERTY LOCATED APPROXIAMTELY 1,000 FEET EAST OF SANTA ANITA, AVENUE AND 2,300 FEET WEST OF ETIWANDA AVENUE, NORTH OF 4TH STREET AND SOUTH OF 6TH STREET – APNS: 0229-283-50 AND 51 A.Recitals. 1. Bridge Point Rancho Cucamonga, LLC filed an application for Development Agreement Amendment DRC2021-00180 as described in the title of this Ordinance. Hereinafter the subject Development Agreement is referred to as the “Application." Bridge Point Rancho Cucamonga, LLC owns the property subject to the Development Agreement and is hereinafter referred to as “Owner.” 2.On September 22, 2021, the Planning Commission conducted a duly noticed public hearing on the Application and adopted Resolution No. 21-63 recommending approval of the Development Agreement. 3.On October 20, 2021, the City Council conducted a duly noticed public hearing introducing for First Reading Ordinance 987 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 October 20, 2021, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a.The Application applies to the approximately 91.39-acre project site which comprises two parcels APN: 0229-283-50 and 0229-283-51. The project site is improved with an existing 1,431,000 square foot industrial warehouse building and an existing 23,240 square foot retail building and associated improvements such as parking areas, drive aisles, loading areas, landscaped areas and a rail spur which serves properties to the east of the project site. The site also includes an area comprising approximately 11-acres of vacant land which was previously used as a vineyard. All existing improvements, with the exception of the rail spur, will be demolished as part of this project. b. Concurrent with this Application, the Applicant has also applied for General Plan Amendment DRC2020-00213, Zoning Map Amendment DRC2020-00267, Tentative Attachment 2Page139 Parcel Map SUBTPM20271, Design Review DRC2020-00202, Tree Removal Permit DRC2020-00266, and Minor Use Permit DRC2021-00315 to construct two new industrial warehouse buildings on two new parcels of land: Parcel 1, totaling about 55 acres, will be improved with Building 1 totaling approximately 1,422,500 square feet, including a mezzanine not to exceed 25,000 square feet; Parcel 2, totaling about 30 acres, will be improved with Building 2 totaling approximately 752,500 square feet, including a mezzanine not to exceed 16,000 square feet. Associated improvements include new parking, drive aisles, truck parking and loading areas, and a new north-south public street located along the easterly boundary of the project site which will connect 4th Street and 6th Street. Collectively, these approvals are referred to herein as the “Project.” c. The existing Land Use, General Plan ad Zoning Designations for the project site and adjacent properties are as follows: Land Use General Plan Zoning Site Industrial Warehouse, Commercial Retail and former vineyard Heavy Industrial (HI) and General Industrial (GI) Industrial Employment (IE) and Neo-Industrial (NI) District North Industrial Heavy Industrial (HI) Industrial Employment (IE) District South Industrial (City of Ontario) Industrial Industrial (Crossroads Business Park Specific Plan) West Industrial General Industrial (GI) Industrial Employment (IE) and Neo-Industrial (NI) District East Industrial and Public Facility Heavy Industrial (HI) and Civic/Regional Industrial Employment (IE) and Neo-Industrial (NI) District d. As part of the Project, and in accordance with the California Environmental Quality Act (“CEQA”), the City has prepared Environmental Impact Report SCH No. 2020100056 (EIR), which analyzed the potential environmental impacts of the project and related approvals. Page 140 e. Pursuant to Section 17.22.060 of the Development Code, Development Agreements have been determined 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 regulations, and subject to conditions of approval, thereby strengthening the public planning process, encouraging private participation in comprehensive planning, and reducing the economic costs of development.  Development Agreements enable the City to plan for and finance public facilities, including, but not limited to, streets, sewerage, transportation, drinking water, school, and utility facilities, thereby removing a serious impediment to the development of new housing.” The proposed Development Agreement Amendment is being made and entered into for the Project to ensure that the above three goals are fulfilled. SECTION 3. Based upon the substantial evidence presented to the City Council during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, the 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 authorizes the construction and operation of the Project, subject to the approval of the General Plan Amendment DRC2020-00213, Zoning Map Amendment DRC2020- 00267, Tentative Parcel Map SUBTPM20271, Design Review DRC2020-00202, Tree Removal Permit DRC2020-00266 and Minor Use Permit DRC2021-00315, respectively. b. The Application is compatible and in conformity with public convenience, general welfare, and good land use and zoning practice. The proposed Development Agreement will increase certainty and provide assurances that any impacts from the Project will be offset, including potential impacts to affordable housing stock through the payment of fees by the developer. c. The Application will not be detrimental to the health, safety, and general welfare of the City. The EIR prepared for the Project analyzed the Project’s potential environmental effects and concluded that no significant environmental effects would be caused by the Project after the incorporation of the required mitigation measures. Page 141 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. SECTION 4. The Development Agreement, in addition to the General Plan Amendment, Zoning Map Amendment, Tentative Parcel Map, Design Review, Tree Removal Permit and Minor Use Permit (collectively, the “Project”) were environmentally reviewed pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines. Pursuant to CEQA Guidelines Section 15060(d), the City determined that an EIR would clearly be required for the Project, and therefore prepared an environmental impact report (EIR) that focused on the potentially significant effects of the Project. By separate Resolution No. 2021-111, the City Council has: (i) made the required CEQA findings and determinations, (ii) certified the Final EIR; and (iii) adopted a Mitigation Monitoring and Reporting Program for the Project. Resolution No. 2021-111 is incorporated herein by reference, and made a part hereof as if fully set forth herein. The documents and other materials that constitute the record on which this determination was made are located in the Planning Department and are in the custody of the Planning Director. Further, the mitigation measures set forth therein are made applicable to the Project. SECTION 5. On the basis of the foregoing and the totality of the administrative record before it, the City Council hereby approves Development Agreement DRC2020-00180 as shown in Exhibit 1. SECTION 6. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid, or ineffective. 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. APPROVED AND ADOPTED THIS 3rd DAY OF NOVEMBER 2021. Page 142 11231-0001\2567614v10.doc RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Janice C. Reynolds City Clerk 10500 Civic Center Drive Rancho Cucamonga, California 91730 SPACE ABOVE THIS LINE FOR RECORDER’S USE DEVELOPMENT AGREEMENT NO. _______ REGARDING THE BRIDGE POINT RANCHO CUCAMONGA PROJECT, RANCHO CUCAMONGA, CALIFORNIA THIS DEVELOPMENT AGREEMENT (this “Agreement” or this “Development Agreement”) is made and entered into as of the “Effective Date” set forth herein, by and between BRIDGE POINT RANCHO CUCAMONGA, LLC, a Delaware limited liability company (“Developer”), and the CITY OF RANCHO CUCAMONGA, a California municipal corporation (“City”). RECITALS Section 1. On October 20, 2021, the City Council of the City of Rancho Cucamonga (“Council”) adopted the following resolutions: A. Resolution No. 2021-106, approving General Plan Amendment DRC2020-00213; B. Resolution No. 2021-108, approving Design Review DRC2020-00202; C. Resolution No. 2021-107, approving Tentative Parcel Map 20271; D. Resolution No. 2021-109, approving Tree Removal Permit DRC2020-00266; E. Resolution No. 2021-110, approving Minor Use Permit DRC2021-00315; and F. Resolution No. 2021-111, certifying, after making appropriate findings, an Environmental Impact Report (“EIR”) identified as SCH No. 2020100056. Section 2. On October 20, 2021, the City Council introduced Ordinance No. 986 and following second reading adopted Ordinance No. ____, approving Zoning Map Amendment DRC2020-00267. Section 3. Collectively, the resolutions identified in Section 1 of the recitals and ordinance identified in Section 2 of the recitals (collectively, “Project Entitlements”) amended the City’s land use regulations to allow the demolition of the existing buildings on-site (a 23,240 square-foot (“sf”) retail building and a 1,431,000-sf warehouse building) and associated improvements, and permit the redevelopment and operation of the site with two high-cube warehouse buildings for a distribution/fulfillment center with ancillary office space, including the 1,422,500 square foot (“sf”) Building 1 and 752,500 sf Building 2 along Page 143 -2- 11231-0001\2567614v10.doc with the construction of a new public roadway, internal drive aisles, parking, on -site landscaping, lighting, and utility connections. Section 4. California Government Code Section 65864, et seq. authorizes cities to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property. Developer is owner of the Site, as defined below and generally described as a 91.4-acre site located at 12434 4th Street in the City of Rancho Cucamonga, San Bernardino County, California comprising tax Assessor Parcel Numbers (APNs) 0229-283-50 and -51, and has a legal interest in the real property subject to this Agreement. Section 5. City and Developer mutually desire to enter into this Development Agreement to develop the Project in accordance with the terms set forth herein. Section 6. On October 20, 2021, the City Council introduced Ordinance No. 987 (the “Approving Ordinance”), and following second reading adopted Ordinance No. ______, thereby approving this Development Agreement between the City and Developer. The Approving Ordinance is effective as of ________________. All requirements of the California Environment Quality Act have been met with respect to the Project, Project Entitlements, and this Agreement, and this Agreement is consistent with the City’s General Plan. AGREEMENT NOW, THEREFORE, the parties hereto agree as follows: Section 1. Definitions. In this Agreement, unless the context otherwise requires, the following terms shall have the following meaning: “Approving Ordinance” means Ordinance No. _______, which approved this Agreement. “Building 1” means the 1,422,500 sf building identified as “Building 1” in the Development Plan. “Building 2” means the 752,500 sf building identified as “Building 2” in the Development Plan. “City” means the City of Rancho Cucamonga. “Community Benefit Fee” means any fee required under Section 11(B) of this Agreement. “Developer” means Bridge Point Rancho Cucamonga, LLC, a Delaware limited liability company. “Development Plan” means those plans, specifications, and images attached hereto, collectively marked as Exhibit “B” and incorporated herein by this reference. “Effective Date” shall mean the date that the Approving Ordinance becomes effective. “ITE Manual” means the Institute of Traffic Engineers’ Trip Generation Manual, 10th Edition. Page 144 -2- 11231-0001\2567614v10.doc “Material Handling Equipment” shall mean all equipment intended for use in connection with the Project’s operation for the purpose of loading or unloading goods and materials, including all forklifts. “MMRP” shall refer to the Mitigation Monitoring and Reporting Program included in the Project’s Final EIR and on file in City’s Planning Department. “Non-Sort” means a fulfillment center that ships large box items that are processed primarily with automation rather than through manual means, as defined in the ITE Manual, and as further described in the Project’s Draft EIR. “Project” means the proposed development of the Site, consistent with the terms and conditions of the Project Entitlements. “Project Entitlements” mean the Resolutions and Ordinance described in recitals Sections 1 through 3. “Site” means the real property that is the subject of the Project Entitlements and as legally described, depicted and identified in Exhibit “A”. “Sort” means a fulfillment center that ships out smaller items, requiring extensive sorting, typically by manual means, as defined in the ITE Manual, and as further described in the Project’s Draft EIR. “Term” means the initial six (6) year term of this Agreement, beginning from the Effective Date, and any extension pursuant to Section 6. “TIA” means the Project’s final traffic impact analyses for Non-Sort Uses included in the application for the Project Entitlements and on file in the City’s Engineering Services Department, which is incorporated herein by this reference. Section 2. Recitals. The recitals are part of this Agreement and shall be enforceable as any other provision of this Agreement. Section 3. Interest of Developer. Developer warrants and represents that, as of the Effective Date, it will have legal title to or an equitable interest in the Site; that it has full legal right to enter into this Agreement; and that the persons executing this Agreement on behalf of Developer have been duly authorized to do so. Section 4. Binding Effect of Agreement. Developer hereby subjects the Project and the Site to the covenants, reservations, and restrictions as set forth in this Agreement. The City and the Developer hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Developer’s successors and assigns in title or interest to the Project and/or Site. Each and every contract, deed or other instrument hereinafter executed, covering or conveying the Project and/or Site or any portion thereof shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations and restrictions expressed in this Agreement, regardless of whether Page 145 -3- 11231-0001\2567614v10.doc such covenants, reservations and restrictions are set forth in such contract, deed or other instrument. The City and Developer hereby further declare their understanding and intent that the benefit of such covenants, reservations, and restrictions touch and concern the land by enhancing and increasing the enjoyment and use of the Site by Developer and the future occupants of the Project, the intended beneficiaries of such covenants, reservations and restrictions, and by furthering the public purposes for which this Agreement is adopted. Section 5. Relationship of Parties. It is understood that the contractual relationship between City and Developer is such that City and Developer are each an independent party and neither is the agent or partner of the other for any purpose whatsoever and neither shall be considered to be the agent or partner of the other for any purpose whatsoever. Section 6. Term of Agreement. The Term of this Agreement shall commence on the Effective Date and shall continue for six (6) consecutive calendar years thereafter, unless the Term is otherwise terminated, modified, or extended in accordance with the provisions of this Agreement. So long as there are no material changes to the Project, the Developer is not then in breach beyond the notice and cure periods set forth in this Agreement, and the Developer has made all payments to the City as required pursuant to this Agreement, Developer has an option to extend the Term one time for an additional nine (9) years for a total Term of fifteen (15) years. To exercise this option, Developer must, no less than ninety (90) days’ prior to the expiration of the Term, both: (i) provide City with written notice of the intent to exercise the option and (ii) pay to City two million dollars ($2,000,000.00). Upon receipt of such notice and payment, City shall provide written confirmation that the Developer’s option to extend the Term has been exercised and accepted. The Term shall not be extended until City provides written confirmation to Developer, which notice shall not be unreasonably withheld and shall be provided prior to the expiration of the Agreement provided that Developer has provided required notice and full payment. Section 7. Timing of Development. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), that failure of the parties to provide for the timing of development resulting in a later adopted initiative restricting the timing of development to prevail over such parties’ agreement, it is the parties’ intent to cure that deficiency by acknowledging and providing that Developer shall have the right (without obligation), subject to the provisions of this Development Agreement, to complete the Project in such order and at such rate and at such times as Developer deems appropriate within the exercise of its subjective business judgment. Section 8. Assignment. In the event of a proposed transfer of interest in the Site or any portion thereof or in this Agreement by Developer to a transferee, Developer agrees to comply with the following conditions: (i) At least thirty (30) days prior to any such assignment, Developer shall provide the City with written notice thereof along with written evidence and documentation, of a form and substance satisfactory to the City, demonstrating the experience, capability, competence and financial ability Page 146 -4- 11231-0001\2567614v10.doc of the proposed assignee to carry out and complete Development Plan and comply with the terms of this Agreement. (ii) At least thirty (30) days prior to any such assignment, Developer shall also provide satisfactory evidence that the transferee will assume in writing through an assignment and assumption agreement all remaining obligations of Developer under this Agreement. The assignment and assumption agreement shall be in a form satisfactory to the City Attorney. (iii) The City Manager shall have consented to the assignment of this Agreement, which consent will not be unreasonably withheld. Any assignment of this Agreement not made in strict compliance with the foregoing conditions shall constitute an event of default by the Developer pursuant to Section 18. Notwithstanding the foregoing, the terms, covenants and conditions of this Agreement shall be binding upon any transferee whether or not such an assignment and assumption agreement is signed by the assignee upon acquiring the Property. Section 9. General Standards and Restrictions Pertaining to Development of the Site. The following specific restrictions shall apply to the use of the Site pursuant to this Development Agreement: A. Developer shall have the right to develop and operate the Project on the Site in accordance with the terms and conditions of this Agreement and the Project Entitlements and City shall have the right to control development of the Site in accordance with the provisions of this Agreement and the Project Entitlements. B. Notwithstanding any other provision of this Agreement, no Sort use shall be operated on the Site during the useful life of the Project’s two buildings. Due to City’s reliance on the traffic mitigation identified in this Agreement and the Draft EIR pertaining solely to Non- Sort uses, this provision shall survive expiration of this Agreement. C. The type, density, intensity, configuration of uses, size, and location of buildings and other improvements and provisions for the reservation or dedication of land for public purposes, location of public improvements, together with other terms and conditions of development applicable to the Site, shall be as set forth in this Development Agreement, including the Development Plan, and the Project Entitlements, except as modifications may be made pursuant to Section 16. D. All public improvements, including landscaping, irrigation, sidewalk, traffic improvements and public streets, as set forth in the Development Plan, Project Entitlements, and this Development Agreement, shall be installed by the Developer in the time and manner described in the Development Plan, Project Entitlements, and this Development Agreement. Section 10. Effect of City Regulations on Development of Project. Developer is entitled to protections afforded by the development agreement statute, Government Code Section 65864 et seq., including a vested right to develop the Project site in accordance with the rules, regulations and official policies in effect as of the Effective Date. The City Page 147 -5- 11231-0001\2567614v10.doc acknowledges that, pursuant to Rancho Cucamonga Municipal Code Section 17.02.020, Ordinance No. 982 does not apply to the Project’s Entitlements which are governed by the regulations in effect when the applications were deemed complete (March 11, 2021) except as expressly addressed herein. No future modification of City’s code or ordinances, or adoption of any code, ordinance, regulation, whether adopted by the City Council or through the initiative or referendum process, which conflicts with this Agreement shall apply to the Property or modify this Agreement without amendment hereto to so provide by the parties. A. The provisions of this Section 10 shall not preclude the application to the development of the Site those changes in City ordinances, regulations, plans, or specifications which are specifically mandated and required by changes in state or federal laws or regulations as provided in California Government Code Section 65869.5 or any successor provision or provisions. In the event such changes in the law prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended or performance thereof delayed, as may be necessary to comply with such changes in the law. B. The category of Development Impact Fees (“DIF”) applicable to the Project shall be those in effect as of the Agreement’s Effective Date (i.e. new DIF categories which may be adopted by the City after the Agreement’s Effective Date shall not apply to the Project), however the existing DIF and other development fees associated with the construction and development of the Project, including but not limited to land use approvals, development fees, building permits, etc., shall be pursuant to the rates as annually adjusted and in effect at the time application is made for such approvals or permits. C. Nothing herein shall prevent the application of health, safety, and accessibility regulations (e.g., fire, building, seismic, plumbing, and electric codes and requirements under the Americans with Disabilities Act or similar accessibility statute) that become applicable to the City as a whole. D. The parties acknowledge and agree that the City is restricted in its authority to limit its police power by contract and that the limitations, reservations and exceptions set forth in this Section 10 are intended to reserve to the City all of its police power which cannot be so limited. Section 11. Developer’s Obligations. In consideration of the rights and benefits Developer is guaranteed under this Agreement, the Developer agrees to provide each and every one of the community benefits and other measures set forth in this Section 11. A. Material Handling Equipment. Designation of City of Rancho Cucamonga as Point of Sale for Material Handling Equipment. The City of Rancho Cucamonga shall be designated as the point of sale for the Material Handling Equipment used in the Project’s operations. Developer shall include a requirement in all tenant leases that tenants shall designate the City of Rancho Cucamonga as the point of sale for the Material Handling Equipment used in the Project’s operations. City shall be a third party beneficiary to all such terms included in tenant leases. B. Community Benefit Fee. Developer shall pay to City the Community Benefit Fees in the amount and schedule as set forth below. The Community Benefit Fees are intended to Page 148 -6- 11231-0001\2567614v10.doc address affordable housing demand, fire protection services, environmental justice, and related increases to City services associated with warehouse development. i. Community Benefit Fee amount and schedule: Payment Amount Due Payment 1 $3,000,000.00 Upon issuance of a grading permit, provided that no grading permit shall be issued until the fee is paid. Payment 2a $650,000.00 Upon issuance of a certificate of occupancy for Building 1, provided that no certificate of occupancy shall be issued until the fee is paid. Payment 2b $350,000.00 Upon issuance of a certificate of occupancy for Building 2, provided that no certificate of occupancy shall be issued under the fee is paid. Payment 3a $1,000,000.00 Upon the third anniversary of issuance of a final certificate of occupancy for Building 1 Payment 3b $500,000.00 Upon the third anniversary of issuance of a final certificate of occupancy Building 2 Payment 4a $2,250,000.00 Upon the fifth anniversary of issuance of a final certificate of occupancy Building 1 Payment 4b $1,250,000.00 Upon the fifth anniversary of issuance of a final certificate of occupancy Building 2 ii. If a Community Benefit Fee payment is scheduled to be due, pursuant to the schedule above, after the Term of this Agreement, then such community benefit fee payment shall automatically become due and owing on the final day of the Term. Developer may pay any of the Community Benefit Fee payments in advance of the scheduled due date, which early payment shall reduce the Consumer Price Index (CPI)-based inflationary increase applied to such payments pursuant to paragraph (v) below. iii. If Developer has not received a building permit for construction of the second building’s structure (whether Building 1 or Building 2) within twenty-four (24) months of issuance of a certificate of occupancy for the first building, then Developer shall pay an additional one million dollars ($1,000,000.00) Community Benefit Fee to City, due no later than twenty -six (26) months from the issuance of a certificate of occupancy for the first building, in order to compensate for the deferred payment of the second building’s Community Benefit Fees. Whether Building 1 or Building 2 is the first building constructed depends on Developer’s Project phasing. iv. Except for Payment 1 described above, up to fifty percent (50%) of the Community Benefit Fees received by City for Buildings 1 and/or 2, as identified in paragraph (i) of paragraph B of this Section 11, shall be refunded to Developer if, within the Term of this Agreement, a Project tenant generates five hundred thousand dollars ($500,000.00) in sales tax to the City annually for any three (3) consecutive years, provided that Developer can demonstrate that the tenant responsible for generating five hundred thousand dollars ($500,000.00) in sales tax received by the City for any three (3) consecutive year period has a lease covering the entire Term of this Agreement. The refund shall correspond to the Project building in which the tenant has met the requirements of this paragraph and shall be paid to Developer thirty (30) days following the Page 149 -7- 11231-0001\2567614v10.doc expiration of the Term. By way of example only, if the tenant of Building 1 generates five hundred thousand dollars ($500,000.00) during each of years three, four, and five of the Term, then City shall refund to Developer an amount equal to fifty (50) percent of payments 2a, 3a, and/or 4a received by City within thirty days following the conclusion of the Term. The City shall have no further reimbursement obligation after this Agreement has expired. v. Any Community Benefit Fee payment made after the first anniversary of the Effective Date of this Agreement is considered a deferred Community Benefit Fee payment and is subject to a CPI-based inflationary increase, if any, based on the CPI – All Urban Consumers for Riverside-San Bernardino-Ontario California as published by the U.S. Department of Labor, Bureau of Labor Statistics (or any successor thereto). Under no circumstance will the amount of each deferred Community Benefit Fee payment be lower than the amount identified in the table above. vi. Payment of the Community Benefit Fees above shall satisfy all but two hundred thousand dollars ($200,000.00) of Developer’s public art requirements under Ordinance 912 (codified at Chapter 17.124 of the Rancho Cucamonga Municipal Code), which may be satisfied either through the procurement of art or payment of an in-lieu fee. vii. Payment of the Community Benefit Fees above shall fully satisfy any future commercial linkage fee adopted by the City, even if said fees are higher than the amounts specified above. viii. Late Charges, Interest. If Developer fails to pay a Community Benefit Fee payment by the due date, City shall give written notice to Developer (or its successor) of such delinquency in accordance with Section 24. If Developer fails to pay the Community Benefit Fee within thirty (30) days after such notice is served on Developer (the “Period to Cure”) then Developer shall pay a late charge in the amount equal to one quarter of one percent (0.25%) of the Community Benefit Fee due but not paid. The Parties acknowledge and agree that the amount of the costs and expenses that City will incur in the event the Community Benefit Fee is not paid when due is extremely difficult to calculate, and that the late charge set forth in the immediately preceding sentence is a reasonable, good faith estimate of such costs and expenses, but payment of such late charge shall not limit the City’s remedies following any default by Developer under this Agreement. If any Community Benefit Fee, is not paid within the Period to Cure, then such Community Benefit Fee (including any late charge) shall also bear interest, from the due date until paid, at the rate that is the lesser of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable law. C. Traffic Improvements. Developer shall submit off-site plans that meet or exceed the ninety percent (90%) design stage for Catherine Bridge Place, 4th Street, and 6th Street, as determined by the City Engineer, for issuance of a grading permit. i. Timing of Traffic Improvements. The traffic improvements identified in paragraph (ii) below shall be completed, to the satisfaction of the City Engineer, no later than by issuance of the certificate of occupancy of the Project’s first building (whether Building 1 or Building 2). However, in the event that Developer is unable to complete the improvements by issuance of certificate of occupancy of the Project’s first building, despite Developer’s Page 150 -8- 11231-0001\2567614v10.doc commercially reasonable efforts, due to processing, required coordination with other projects, or other issues outside of Developer’s control, then Developer shall issue a bond, satisfactory in form and value to the City Engineer, for the remaining work and shall be obligated to complete the required improvements within one year of issuance of the certificate of occupancy for the Project’s first building. For those improvements identified below requiring coordination and approval by Caltrans, City shall cooperate with Developer on Developer’s efforts to obtain Caltrans approval; however, if Developer is unable to achieve 90% plan check review, as determined by the City Engineer, despite best efforts due to processing delays by Caltrans, then issuance of grading and building permits for the Project shall not be delayed provided that all other requirements for issuance of grading and building permits have been met. Notwithstanding the foregoing, the City will only issue a temporary certificate of occupancy for the Project until the improvements that require Caltrans approval are completed. Unless the improvements are completed within one year, the temporary certificate of occupancy shall expire, unless an extension is mutually agreed to by both Parties. ii. Traffic Improvements. Developer shall construct the following traffic improvements consistent with the demands outlined in the Project’s TIA for a Non-Sort use and determined necessary by the City Engineer: a. I-15 NB Ramps & 4th St: Modify the traffic signal to implement a 130-second cycle length; b. Etiwanda Ave. & Foothill Blvd: Modify the timing of existing traffic signals between the I-15 and East Avenue to optimize traffic signal coordination along Foothill Boulevard by implementing a 140-second cycle length during the PM peak hour; and c. I-15 SB Ramps & Ontario Mills Dr./4th St: Modify the traffic signal to implement a 130-second cycle length and overlap phasing for the WB right turn lane, restripe the SB approach to provide one left turn lane, one through lane, and dual right turn lanes, and modify the traffic signal to implement overlap phasing for NB and SB right turn lanes. Developer may receive reimbursement of fifty percent (50%) of the actual cost of the improvements in this paragraph c. if the improvements are first constructed by Developer and the same improvements are also required to be constructed by the Speedway Commerce Center project located on APNs 0229-291-54 and 0229-291-46. Alternatively, if the improvement is first constructed by the Speedway Commerce Center project, then Developer shall pay a reimbursement to the City, which will be passed through to the Speedway Commerce Center project’s developer, equal to fifty percent (50%) of the actual cost of the improvements and is not required to construct the improvements. iii. Developer’s provision of traffic improvements pursuant to this Section 11(C) will satisfy any Condition of Approval pertaining to the impacts mitigated by the required traffic improvements described above. D. Fair Share Payment to Remaining Traffic Improvements. Developer shall pay a fair share fee into the City’s Industrial Area Traffic Improvement Fund, equivalent to the amounts calculated in the TIA for a non-Sort use: $37,089 (the “Fair Share Fee”). The Fair Share Fee shall be due prior to issuance of the first certificate of occupancy for the Project. Developer’s payment Page 151 -9- 11231-0001\2567614v10.doc of the Fair Share Fee for remaining traffic improvements pursuant to this Section 11(D) will satisfy any Condition of Approval pertaining to required contributions to the City’s Industrial Area Traffic Improvement Fund for impacts mitigated by the improvements listed in the TIA for the Non-Sort use but not required to be constructed in Section 11(C)(ii). E. New Public Street. Developer shall construct, consistent with the City’s standards and to the satisfaction of the City Engineer, a new public street (known as Catherine Bridge Place) on the east side of the Project site between 4th and 6th Streets, to be classified as an Industrial Collector (66-foot full-width right-of-way), as shown in Exhibit C of this Agreement depicting the proposed cross section for Catherine Bridge Place with one travel lane, landscaped parkway in each direction, and a sidewalk on the west side of the street. Developer shall be responsible for all costs associated with the design and construction of the new public street. City shall accept dedication of the public street and the related improvements in the same manner as it accepts other similar public improvements constructed as part of private development pr ojects in the City upon completion of the public street and related improvements. Developer shall provide a standard one- year warranty for the improvements, excluding normal roadway wear and tear. No certificate of occupancy for any Project component will be issued for the Project until the improvements are completed and accepted by City which the City shall not unreasonably delay. Developer’s provision of a new public street pursuant to this Section 11(E) will satisfy any Condition of Approval pertaining to required provision of a new public street on the east side of the Project site between 4th and 6th Streets. F. 6th Street At-Grade Crossing Contribution. Developer shall work in good faith with the City in its effort to acquire and obtain approval from the California Public Utility Commission and BNSF Railway to permit an at-grade, railroad spur crossing at 6th Street connecting the existing roadway on either side of the railroad (6th Street Crossing”); provided, however, that such efforts by Developer do not include changes to the Project or monetary expenditures by Developer outside of the in-lieu fee described below. Developer shall pay one million dollars ($1,000,000.00) as an in-lieu fee to City and contribution toward the 6th Street Crossing. The fee required pursuant to this Section 11(F) shall be due upon the issuance of the first building permit for the Project. Developer’s contribution to the City to achieve the 6th Street Crossing will satisfy any Condition of Approval pertaining to the 6th Street Crossing. G. Financing Districts. The City may initiate (i) proceedings to form one or more special assessment districts (each, an “Assessment District”) to levy special benefit assessments (the “Special Benefit Assessments”) or (ii) proceedings to form one or more Mello-Roos Community Facilities Act of 1982 (Government Code Sections 53311 et seq.) Community Facilities Districts (each, a “CFD,” and collectively, with the Assessment Districts, the “Districts,” or individually, a “District”) to levy special taxes (the “CFD Taxes”), to finance the construction or acquisition of public facilities, including but not limited to the construction of eligible street improvements, right-of-ways, appurtenant facilities, and other authorized improvements benefiting properties within the City’s industrial zoning districts, and the maintenance and operation of public streets, parkways, medians, public right-of-ways, public safety, and any other improvements or services benefiting properties within all industrial zones throughout the City (the “Facilities and Services”). Developer shall not oppose the formation of any District or the annexation of lands to any District, and shall vote in favor of any such Special Benefit Assessments or CFD Taxes for a District; provided, however, that in no event shall the annual total, combined Page 152 -10- 11231-0001\2567614v10.doc amount of the Special Benefit Assessments and CFD Taxes for the Districts exceed forty-nine thousand, one-hundred and seventy dollars ($49,170.00) per acre for the Site (the “Max Levy”). The Max Levy shall increase annually by an amount determined necessary to fund the Facilities and Services, but such annual increase shall be no less than two percent (2%) and no more than six percent (6%). Developer shall satisfy its obligations under this paragraph G. prior to the issuance of the first certificate of occupancy for the Project. The provisions of this paragraph G. shall not apply to or affect the validity of any existing Assessment District or CFD applicable to the Site as of the Effective Date. H. Solar Panels and Purchase Agreement. Developer shall install a solar collector system that covers a percentage of the Project’s total roof area, with such percentage based on the formula outlined in Rancho Cucamonga Municipal Code Section 17.76.020(B), as amended by Ordinance No. 982, which requires in part that the renewable energy system shall be built to generate an amount of electricity sufficient to meet the following criteria: (a) annualized building demand based on the approved use; and (b) annualized demand required to charge fully electric vehicles and trucks, assuming that all vehicles and trucks to the site are fully electric; and (c) a reasonable rate of efficiency loss over 10 years. Such percentage shall be established pursuant to a study to be prepared by Developer and approved by the City, with City review time fully reimbursed by the Developer and paid prior to any issuance of the first building permit. The final percentage of required roof area coverage shall be confirmed by the Cit y Engineer. The Rancho Cucamonga Municipal Utility (“RCMU”) and Developer agree to execute a power purchase agreement, a draft of which is attached as Exhibit “D” to this Agreement (“Power Purchase Agreement”), within six (6) months of the Effective Date, provided that no certificate of occupancy shall be issued for the Project until the Power Purchase Agreement is executed. The solar collector system shall be metered separately from the metered power usage demand of the Project’s two buildings. The Power Purchase Agreement will commit the City to purchase all electricity produced by the Project at market rate for at least 25 years, which market rate shall be specified in the executed Power Purchase Agreement. I. RCMU Connection. The Project shall utilize RCMU for electricity and high-speed broadband provided that within ten (10) months of City Council approval of the Project, RCMU has brought all required infrastructure for electricity and high-speed broadband (“Required Infrastructure”) to the Project site at the locations identified in Exhibit “E” at RCMU’s sole cost and expense. “Required Infrastructure” shall include all underground ducts and structures and surface mounted equipment (except for transformers) and cabling to serve both buildings on the property. This requirement shall satisfy any Condition of Approval pertaining to the Project’s electric and fiber optic connection to RCMU. J. Other City Fees. Developer is responsible for other applicable existing development fees, with the exception of any public arts fees required by Ordinance 912, except that Developer shall be liable for two hundred thousand dollars ($200,000.00) public arts requirement, which may be satisfied by Developer as either through the procurement of art or payment of an in-lieu fee. K. MMRP Compliance Costs. The MMRP includes mitigation measures applicable to the Project that may require City to verify compliance outside of City’s plan check process for the Project. Accordingly, Developer shall reimburse City for all compliance costs, including City Page 153 -11- 11231-0001\2567614v10.doc staff and consultant time and expenses, incurred in verifying Developer’s compliance with the MMRP, except for such costs associated with mitigation measures that are verified during plan check and recovered by City through development fees. City shall submit an invoice for such costs on an as-needed basis and Developer shall pay the invoice to City within thirty (30) days of receipt. L. Developer’s obligations under this Section 11 may extend past the Term of this Agreement. Therefore, this Section 11 shall survive the expiration or termination of the Term; provided, however, that upon termination of this Agreement pursuant to Section 27 below, all of Developer’s obligations hereunder shall be terminated and of no further force and effect. Section 12. City’s Obligations. The City shall reasonably expedite review and processing of all plans and issuance of all permits associated with the Project. The City shall refund not more than fifty percent (50%) of the community Benefit Fee payments identified in Section 11(B)(i), exclusive of Payment 1, consistent with and provided the provisions and conditions of Section 11(B)(iv) are satisfied. Section 13. Annual Review. During the Term of this Development Agreement, City shall annually review the extent of good faith compliance by Developer with the terms of this Development Agreement. Developer shall file an annual report with the City providing information regarding compliance with the terms of this Development Agreement no later than sixty (60) days prior to the anniversary of the Effective Date. Annual reports shall include all information necessary for the City to assess Developer’s compliance with the terms and provisions of this Agreement. Developer shall have the right to cause the annual report to be filed by any lessee then occupying the Site provided, however, that Developer shall remain primarily responsible for such filing. The City shall deliver a copy of the findings of each annual review to each Lender (if such Lender’s address is provided to the City) concurrently with delivering such findings to Developer. Section 14. Indemnification and Legal Challenge. To the maximum extent permitted by law, Developer agrees to, and shall, defend, indemnify and hold City and its elected officials, officers, contractors serving as City officials, agents, and employees (“Indemnitees”) harmless from liability for damage and/or claims for damage for personal injuries, including death, and claims for property damage, and with respect to all other actions and liabilities for damages caused or alleged to have been caused by reason of Developer’s activities in connection with the construction of the Project or Developer’s operation of the permitted use, and which may arise from the direct or indirect operations of Developer or those of Developer’s contractors, agents, tenants, employees or any other persons acting on Developer’s behalf, which relate to the Developer’s construction of the Project or operation of the permitted use. This indemnity provision applies to all damages and claims for damage, as described above, regardless of whether or not the City prepared, supplied, or approved the plans, specifications, or other documents for the Project. Notwithstanding, the foregoing indemnity shall not include indemnification against (i) suits and actions brought by Developer by reason of City's default or alleged default hereunder, or (ii) suits and actions caused solely by or resulting solely from City's acts or omissions, or (iii) suits and actions arising from the sole negligence or willful misconduct of City; Page 154 -12- 11231-0001\2567614v10.doc provided further, however, that the foregoing indemnity shall not apply to claims pertaining to City’s operation of those portions of the Site dedicated to City after the dedication thereof. In the event of any legal action challenging the validity, applicability, or interpretation of any provision of this Agreement, any of the Project Entitlements including, without limitation, the City’s General Plan, Zoning Ordinance, Design Review, EIR, or any other supporting document relating to the Project, the Developer shall indemnify, defend and hold harmless the Indemnitees, and each of them, with respect to all liability, costs and expenses incurred by, and/or awarded against, the City or any of the Indemnitees in relation to s uch action. The City shall have the right to select counsel of its choice. The parties hereby agree to cooperate in defending such action. In the event of any litigation challenging the effectiveness of this Agreement, or any portion hereof, this Agreement shall remain in full force and effect while such litigation, including any appellate review, is pending, unless otherwise ordered by the court. Absent issuance of an injunction, the Developer may elect to continue development under this Agreement pending completion of the litigation but it shall do so at its sole risk, and the City shall not be liable for any loss suffered as a result thereof. Section 15. Amendments. This Agreement may be amended or canceled, in whole or in part, only by mutual written consent of the parties and then in the manner provided for in California Government Code Section 65868, et seq., or successor provisions thereto. Section 16. Minor Amendments to Development Plan. Upon the written application of Developer, minor modifications and changes to the Development Plan, including modifications to the building design or footprint affecting setbacks, parking layout and design, and landscape design may be approved by the Planning Director. Substantial changes in the Development Plan, as determined by the Planning Director, shall be processed through the process required by law to amend or modify the Development Plan. Upon the approval of substantial changes to the Development Plan, Developer and City shall amend this Agreement to memorialize and acknowledge the revised Development Plan. Section 17. Enforcement. In the event of a default under the provisions of this Agreement by Developer, City shall give written notice to Developer (or its successor) by registered or certified mail addressed at the address stated in this Agreement, and if such violation is not corrected to the reasonable satisfaction of City within thirty (30) days after such notice is served on Developer, or if not corrected within such reasonable time as may be required to cure the breach or default if said breach or default cannot be cured within said thirty (30) days (provided that acts to cure the breach or default must be commenced within said thirty (30) days and must thereafter be diligently pursued by Developer), then City may, without further notice, declare a default under this Agreement and, upon any such declaration of default, City may bring any action necessary to specifically enforce the obligations of Developer growing out of the operation of this Development Agreement, apply to any court, state or federal, for injunctive relief against any violation by Developer of any provision of this Agreement, or apply for such other relief as may be appropriate. Page 155 -13- 11231-0001\2567614v10.doc Section 18. Event of Default. Developer is in default under this Agreement upon the happening of one or more of the following events or conditions: A. If a material warranty, representation or statement made or furnished by Developer to City set forth herein or in any document incorporated by reference herein is false or proved to have been false in any material respect when it was made; B. If a finding and determination is made by City following an annual review pursuant to Section 13 hereinabove, upon the basis of substantial evidence, that Developer has not complied in good faith with any material terms and conditions of this Agreement, after notice and opportunity to cure as described in Section 17 hereinabove; or C. A breach by Developer of any of the provisions or terms of this Agreement, after notice and opportunity to cure as provided in Section 17 hereinabove. Section 19. No Waiver of Remedies. City does not waive any claim of defect in performance by Developer if on periodic review City does not enforce this Agreement. Nonperformance by Developer shall not be excused because performance by Developer of the obligations herein contained would be unprofitable, difficult or expensive or because of a failure of any third party or entity, other than City. Subject to the provisions of Section 20, all other remedies at law or in equity which are not otherwise provided for in this Agreement are available to each party to pursue in the event that there is a breach of this Development Agreement by the other party (subject to applicable notice and cure periods). No waiver by City or Developer of any breach or default under this Development Agreement by the other party shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. Section 20. City Not Liable For Damages. It is acknowledged by the parties that the City would not have entered into this Agreement if it could be held liable in damages under or with respect to this Agreement or the application thereof. Consequently, and except for the payment of attorney’s fees in accordance with this Agreement, the City shall not be liable in damages to the Developer, or to any assignee, transferee or any other person, and the Developer covenants on behalf of itself and its successors in interest not to sue for or claim any damages: A. For any breach of this Agreement; B. For the taking, impairment or restriction of any right or interest conveyed or provided hereunder or pursuant hereto; C. Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement; or D. For any injury to or interference with the rights of the property owner, allegedly or actually arising out of, or incurred in connection with, the parties entering this Agreement, or their exercise of any rights under this Agreement. Page 156 -14- 11231-0001\2567614v10.doc The parties hereby warrant that each enters into this Agreement with the understanding that if the City defaults on its obligations under this Agreement due to an action taken by the electorate of the City in the exercise of the reserved powers of initiative and referendum, this Agreement shall be modified or suspended to the extent required by Government Code Section 65869.5 and the Developer’s right to seek specific performance, a writ of mandate, or other mandatory relief shall be limited by such force as the action taken by the electorate may have in light of state law as determined by any court of competent jurisdiction, in which case the Developer’s principal remedy shall lie in reformation of this Agreement Section 21. Rights of Lenders Under this Agreement. Should Developer place or cause to be placed any encumbrance or lien on (i) the Project, or any part thereof, the beneficiary of said encumbrance or lien (“Mortgage Lender”) and (ii) any direct ownership interest in Developer, the beneficiary of said encumbrance or lien (“Mezzanine Lender”; together with Mortgage Lender, “Lenders” and each or any of the foregoing a “Lender”) shall have the right at any time during the term of this Agreement and the existence of said encumbrance or lien to: A. Do any act or thing required of Developer under this Agreement, or cure any default of Developer under this Agreement within the time limits set forth in Section 17, and any such act or thing done or performed by Lender or cure shall be as effective as if done by Developer; B. Realize on the security afforded by the encumbrance or lien by exercising foreclosure proceedings or power of sale, assignment in lieu of foreclosure, or other remedy afforded in law or in equity or by the pledge or security document evidencing the encumbrance or lien (hereinafter referred to as “a trust deed”); C. Transfer, convey or assign the title of Developer to the Project to any purchaser at any foreclosure sale, whether the foreclosure sale be conducted pursuant to court order or pursuant to a power of sale contained in a trust deed or otherwise, or to Lender or its nominee or designee by an assignment in lieu of foreclosure, and to the first transferee thereafter (each of the foregoing a, “Successor Developer”); D. Lender or its nominee or designee acquires and succeeds to the interest of Developer by virtue of any foreclosure sale, whether the foreclosure sale is conducted pursuant to a court order or pursuant to a power of sale contained in a pledge or trust deed or otherwise, or by an assignment in lieu of foreclosure; and E. Upon request from any Lender, the City or Developer shall deliver to the Lender so requesting within 30 days of such request an estoppel certifying, among other thing, compliance with this Agreement by City and Developer, if true, Lender’s rights under this Agreement and such other matters as such Lender may request. Should any Lender require or request an amendment of this Agreement in respect of the rights and remedies granted to a Lender, City hereby agrees to execute and deliver such an amendment so long as the proposed amendment does not materially and adversely affect the rights, powers, and remedies of the City in respect of a default by Developer hereunder. No Successor Developer shall be liable for any act or omission of the prior Developer (provided that this sentence shall not relieve Page 157 -15- 11231-0001\2567614v10.doc any Successor Developer from curing an on-going breach or default, other than any Incurable Default, that is continuing as of the date such Successor Developer acquires its direct or indirect interest in the Project). No Successor Developer shall have any additional liability hereunder accruing after the date on which such Successor Developer transfers, conveys or otherwise assigns this Agreement as permitted hereunder and such transferee or assignee thereof has assumed th is Agreement. No modification or amendment of, or that otherwise impairs any right under, Section 21, 22 or 23 of this Agreement, entered into prior to any Successor Developer acquiring its direct or indirect interest in the Project, shall be binding upon such Successor Developer unless such Successor Developer has consented to same in writing. Section 22. Notice to Lender. City shall give written notice of any default or breach under this Agreement by Developer to Lender (if known by City) simultaneously with such notice of default City gives to Developer and afford Lender the opportunity after receipt of service of the notice to: A. Cure the breach or default within thirty (30) days after service of said notice, where the default can be cured by the payment of money; B. Cure the breach or default within thirty (30) days after service of said notice where the breach or default can be cured by something other than the payment of money and can be cured within that time; or C. Cure the breach or default in such reasonable time as may be required where something other than payment of money is required to cure the breach or default and ca nnot be performed within thirty (30) days after said notice, provided that acts to cure the breach or default are commenced within a thirty (30) day period after service of said notice of default on Lender by City and are thereafter diligently continued by Lender. D. The foregoing cure period shall run successively and not concurrently with the cure period of Borrower and each other Lender such that the time limits set forth in Section 17 shall not commence with respect to Mezzanine Lender until they have expired as to Mortgage Lender and shall not commence as to Mortgage Lender until they have expired as to Mezzanine Lender, in each such case, with the applicable default not having been cured. E. All cure periods contained herein shall be extended day for day during any period in which any Lender is prohibited, delayed, prevented or enjoined from commencing or pursing any rights or remedies it may have under the pledge, trust deed or other related loan documents by any legal process or proceedings, including, without limitation, any bankruptcy or other insolvency proceedings affecting Developer. F. If the breach or default is of a type that cannot reasonably be cured by any Lender (each an “Incurable Default”) (for example, and without limiting the generality of the foregoing, a bankruptcy of Borrower), the City will not exercise any remedies on account of such Incurable Default if any Lender proceeds promptly and diligently to obtain possession of the Project through appropriate foreclosure proceedings and diligently prosecutes same to completion in accordance with Section 23 below. Page 158 -16- 11231-0001\2567614v10.doc G. Nothing contained in this Agreement will be construed as obligating any Lender to cure any breach or default or perform any obligation of Borrower under any Development Agreement; provided that if any Lender elects to perform any obligation of Developer under any Development Agreement the parties thereto agree to accept such performance as if undertaken by Developer. Section 23. Action by Lender. Notwithstanding any other provision of this Agreement, a Lender may forestall any action by City for a breach or default under the terms of this Agreement by Developer by commencing proceedings to foreclose its encumbrance or lien on the Project. The proceedings so commenced may be for foreclosure of the encumbrance by order of court or for foreclosure of the encumbrance under a power of sale contained in the instrument creating the encumbrance or lien, or by an assignment in lieu of foreclosure. The proceedings shall not, however, forestall any such action by the City for the default or breach by Developer unless: A. Subject to Section 22(E) above, they are commenced within thirty (30) days after the later of (i) service on Developer (and on Lender if such Lender’s address is provided to the City) of the notice described hereinabove and (ii) the expiration of the cure periods afforded to Developer in Section 17 and, in the case of Mortgage Lender, the expiration of the cure periods afforded to Mezzanine Lender in Section 23; B. They are, after having been commenced, diligently pursued in the manner required by law to completion; and C. Lender keeps and performs all of the terms, covenants, and conditions of this Agreement requiring the payment or expenditure of money by Developer until the foreclosure proceedings or assignment in lieu of foreclosure are complete or are discharged by redemption, satisfaction, or payment. Section 24. Notice. Any notice required to be given by the terms of this Agreement shall be provided by email and certified mail, return receipt requested, at the address of the respective parties as specified below or at any other such address as may be later specified by the parties hereto. To Developer: Heather Crossner Senior Vice President, Development Bridge Point Rancho Cucamonga, LLC 11100 Santa Monica Blvd., Suite 700 Los Angeles, CA 90025 Email: hcrossner@bridgeindustrial.com and Legal Department Page 159 -17- 11231-0001\2567614v10.doc Bridge Industrial 9525 West Bryn Mawr, Suite 700 Rosemont, IL 60018 Email: dhemmer@bridgeindustrial.com To City: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, California, 91730 Attention: City Manager Email: JGillison@Cityofrc.us With a Copy to: Richards, Watson & Gershon 350 S. Grand Avenue, 37th Floor Los Angeles, California 90071 Attention: Nicholas R. Ghirelli Email: nghirelli@rwglaw.com To Mortgage Lender: Wells Fargo Bank, National Association [______] [______] Attention: [______] Email: [______] With a Copy to: Wells Fargo Bank, National Association [______] [______] Attention: [______] Email: [______] Section 25. Attorneys’ Fees. In any proceedings arising from the enforcement of this Agreement or because of an alleged breach or default hereunder, the prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees and experts’ fees incurred during the proceeding (including appeals) as may be fixed within the discretion of the court. Section 26. Binding Effect. This Agreement shall bind, and the benefits and burdens hereof shall inure to, the respective parties hereto and their legal representatives, executors, administrators, successors and assigns, wherever the context requires or admits. Section 27. Termination. Notwithstanding any other provision contained herein, this Agreement may be terminated at any time upon the written mutual agreement of both parties. Section 28. Applicable Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Venue for any action or litigation brought for breach or to enforce any provision of this Agreement shall be the Superior Court of the County of San Bernardino, California. Page 160 -18- 11231-0001\2567614v10.doc Section 29. Partial Invalidity. If any provisions of this Agreement shall be deemed to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby. Section 30. Recordation. The City Clerk shall record this Agreement in the Official Records of the County Recorder of the County of San Bernardino within ten (10) business days following the Effective Date. Upon the expiration of the terms of this Agreement and the request of the Property Owner, the City will execute and deliver, in recordable form, an instrument confirming that this Agreement is terminated and of no further force or effect. Section 31. Force Majeure. In the event that either party hereto shall be delayed or hindered or prevented from performance of any act required hereunder by reason of acts of God, strikes, lockouts, labor troubles, inability to procure materials, riots, insurrection, terrorism, war or other reason of similar nature not the fault of the party delayed in performing the work or doing the acts required under the terms of this Agreement, then the performance of such act shall be excused for the period of the delay caused by the foregoing. Financial inability shall not be deemed an excuse for delay under this Section 31. Section 32. Integrated Agreement. This Development Agreement consists of this Agreement together with all Exhibits attached hereto, and all of the same are hereby incorporated by reference. The provisions of this Agreement shall govern over any inconsistent or conflicting provisions set forth in the Exhibits. No representation or promise, verbal or written, not expressly set forth herein shall be binding or have any force or effect. Section 33. Time of Essence. Time is of the essence in every provision hereof in which time is a factor. Section 34. Operating Memoranda. The provisions of this Agreement require a close degree of cooperation between the City and Developer. The anticipated refinements to the Project may demonstrate that clarifications to this Agreement and the Project Entitlements are appropriate with respect to the implementation of this Agreement and the Project Entitlements. If, when, and as it becomes necessary or appropriate to take implementing actions or make such changes, adjustments or clarifications, the Parties may effectuate such actions, changes, adjustments or clarifications through an operating memorandum (“Operating Memorandum”) approved by the parties in writing which references this Section. Such Operating Memorandum shall not require public notices and hearings or an amendment to this Agreement unless it is required by Sections 15 or 16 above. The City Manager shall be authorized, after consultation with and approval of Developer, to determine whether a requested adjustment, clarification or implementing action (i) may be effectuated pursuant to this Section 34 and is consistent with the intent and purpose of this Agreement and the Project Entitlements or (ii) is of the type that would constitute an amendment to this Agreement and thus would require compliance with the provisions of Section 15 or Section 16 above. The authority to enter into such Operating Memorandum is hereby delegated to the City Manager, and the City Manager is hereby authorized to execute any Operating Memorandum hereunder without further City Council action. Page 161 -19- 11231-0001\2567614v10.doc [SIGNATURES ON NEXT PAGE] Page 162 -20- 11231-0001\2567614v10.doc IN WITNESS WHEREOF, this Agreement has been executed by the parties and shall be effective on the Effective Date set forth hereinabove. CITY: CITY OF RANCHO CUCAMONGA, a Municipal Corporation Dated: By: L. Dennis Michael Mayor DEVELOPER: (Signatures of two principals required) Dated: By: Print Name: Title: ATTEST: Janice C. Reynolds City Clerk Dated: By: Print Name: Title: Approved as to form: James L. Markman City Attorney Page 163 -21- 11231-0001\2567614v10.doc 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 164 -22- 11231-0001\2567614v10.doc 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 165 A-1 11231-0001\2567614v10.doc EXHIBIT “A-1” LEGAL DESCRIPTION Page 166 A-2- 11231-0001\2567614v10.doc Page 167 A-2-1 11231-0001\2567614v10.doc EXHIBIT “A-2” SITE MAP Page 168 B-1 11231-0001\2567614v10.doc EXHIBIT “B” DEVELOPMENT PLAN ON FILE IN THE PLANNING DEPARTMENT; TO BE ADDED PRIOR TO RECORDING Page 169 EX. 33" STORM DRAINXXXXXXXXXXXXXXZONING: HIHEAVY INDUSTRIAL35' BUILDINGSETBACK LINEZONING: GIGENERAL INDUSTRIAL45' BUILDINGSETBACK LINE5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE BOUNDARY LINECITY OF RANCHO CUCAMONGABOUNDARY LINECITY OF ONTARION 89Ā49'26" E 1201.09'1797.03' 5' BUILDING SETBACK LINE 849.87'2408.72' N 0Ā14'33" E 3258.59'CONSTRUCTION ℄3' SOUTH OF PLN 0Ā14'37" E 1857.03' 60.00' STREET DEDICATION (ULTIMATE R/W: 44')N 89Ā56'54" E 970.98'N 89Ā56'54" E 970.98'N 0Ā14'37" E 1464.19'N 89Ā56'36" E 275.03'45' BUILDINGSETBACK LINE45' BUILDINGSETBACK LINE45' BUILDINGSETBACK LINE45' BUILDINGSETBACK LINE5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 35' BUILDINGSETBACK LINE35' BUILDINGSETBACK LINE35' BUILDINGSETBACK LINE35' BUILDINGSETBACK LINE35' BUILDINGSETBACK LINECONSTRUCTION ℄3' SOUTH OF PLCONSTRUCTION ℄3' SOUTH OF PLCONSTRUCTION ℄3' SOUTH OF PLCONSTRUCTION ℄3' SOUTH OF PLN 0Ā14'37" E 1464.19'N 89Ā54'00" E 44.99'1797.03' N 0Ā14'37" E 1857.03'BOUNDARY LINECITY OF RANCHO CUCAMONGABOUNDARY LINECITY OF ONTARIOBOUNDARY LINECITY OF RANCHO CUCAMONGABOUNDARY LINECITY OF ONTARIOBOUNDARY LINECITY OF RANCHO CUCAMONGABOUNDARY LINECITY OF ONTARIOBOUNDARY LINECITY OF RANCHO CUCAMONGABOUNDARY LINECITY OF ONTARIOSTREET DEDICATION (ULTIMATE R/W: 44') STREET DEDICATION (ULTIMATE R/W: 44') STREET DEDICATION (ULTIMATE R/W: 44') STREET DEDICATION (ULTIMATE R/W: 44') 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE TREESDENSEHC TRAILER CLCL(PUBLIC STREET)CLCLONE STORY CONCRETE BUILDING WITH TWO STORY OFFICE AREA FOOTPRINT AREA =1,377,219 S.F. BUILDING HEIGHT =52.8' ONE STORY CONCRETE BUILDING FOOTPRINT AREA =23,146 S.F. BUILDING HEIGHT =22.0' EV EV EVEV57 STALLS 226 STALLS35 STALLS35 STALLS123 STALLS 19 STALLS56 STALLS33 STALLS33 STALLS 70 STALLS59 STALLS SHEET: SHEET TITLE RGA, OFFICE OF ARCHITECTURAL DESIGN COPYRIGHT CHK'D BY: DRAWN BY: CAD FILE NAME: OWNER PROJECT NO: RGA PROJECT NO: MARK DESCRIPTIONDATE SD CONSULTANT PROFESSIONAL SEALS RGA Office of Architectural Design 15231 Alton Parkway, Suite 100 Irvine, CA 92618 T 949-341-0920 FX 949-341-0922 SITE PLAN CS DR 00000.00 A1-0P BRIDGE POINT RANCHO CUCAMONGA 12434 4TH STREET CITY OF RANCHO CUCAMONGA, CALIFORNIA 19134-01-A1-0P 19134.01 11/1/19 SCHEMATIC DESIGN BRIDGE POINT RANCHO CUCAMONGA, LLC 11100 SANTA MONICA BLVD., SUITE 700 LOS ANGELES, CA 90025 TEL: 213-805-6667 CONTACT: BRENDAN KOLTER bkotler@bridgedev.com OWNER: APPLICANT: BRIDGE POINT RANCHO CUCAMONGA, LLC 11100 SANTA MONICA BLVD., SUITE 700 LOS ANGELES, CA 90025 TEL: 213-805-6667 CONTACT: BRENDAN KOLTER bkotler@bridgedev.com SD 1/8/20 PLANNING RESUBMITTAL DRC 2020-00202 SD 4/10/20 PLANNING RESUBMITTAL SD 8/25/20 PLANNING RESUBMITTAL SD 10/22/20 PLANNING RESUBMITTAL SD 12/10/20 PLANNING RESUBMITTAL SD 12/18/20 PLANNING RESUBMITTAL SD 1/15/21 PLANNING RESUBMITTAL 106'GATEGATE40'4 TH S T R E E T6 TH S T R E E T35'BUILDING 1 SINGLE TENANT WAREHOUSE BUILDING FOOTPRINT: 1,403,500 SF MEZZANINE: 19,000 SF G.F.A.: 1,422,500 SF OCCUPANCY: B/S-1 CONSTRUCTION TYPE: III-B NUMBER OF STORIES: 1 MAX. HEIGHT: 50 FT. PROPERTY LINE 3214.24' PROPERTY LINE 1797.03' PROPERTY LINE 1419.72'PL 45.0'PROPERTY LINE 1246.89'PROPERTY LINE 1201.91'8'-0"H WALL 303'1,430' 8'-0"H TUBE STEEL FENCE 8'-0"H TUBE STEEL FENCE45'8'-0"H TUBE STEEL FENCE LEGAL DESCRIPTION: 1,057' EXISTING INDUSTRIAL BUILDING EXISTING INDUSTRIAL BUILDING EXISTING PRISION FACILITY EXISTING INDUSTRIAL BUILDINGEXISTING INDUSTRIAL BUILDING WITH OPEN TRAILER DROP LOTEXISTING ELECTRICAL SUB-STATION1 4 6 6 8 8 8 8 8 11 11 15CITY OF RANCHO CUCAMONGACITY OF ONTARIOSITE PLAN SCALE: 1" = 100'-0" 0'20'100'50'200'EXISTING RAIL SPURASSESSOR'S NUMBERS: APN: 0229-283-50, 0229-283-51 KEYNOTES:00VICINITY MAP SITE PLAN GENERAL NOTES: 1. TYPICAL 90 DEG. PARKING STALLS SIZES ARE 9'W X 18' LONG INCLUDING A 1' LANDSCAPE OVERHANG TYPICAL EXCEPT AT ACCESSIBLE STALLS. 2. PARALLEL STALLS ARE 9' X 24'. 3. SETBACK REQUIREMENTS: BUILDING SETBACK:45 FEET FROM CURBFACE PARKING SETBACK:45 FEET FROM CURBFACE AVE. LANDSCAPE SETBACK:45 FEET FROM CURBFACE FIRE DEPT. GENERAL NOTES: 1. FIRE ACCESS LANES SHALL COMPLY WITH THE FOLLOWING: MIN. WIDTH:26 FEET MIN. CLEARANCE:14'-6" INSIDE RADIUS:20 FT. OUTSIDE RADIUS:46 FT. WEIGHT CAPACITY:80,000 LBS. 2. ALL GATES SHALL BE INSTALLED PER THE FIRE DISTRICT REQUIREMENTS. 3. SIGNAGE STANDARDS PER RANCHO CUCAMONGA FIRE PROTECTION DISTRICT DECEMBER 2016. SHEET INDEX A1-0P SITE PLAN & PROJECT DATA A1-1P EXISTING REFERENCE SITE PLAN A1-2P WALL AND FENCE PLAN A1-3P BUILDING 1 ENLARGED SITE PLAN A1-4P BUILDING 2 ENLARGED SITE PLAN A1-5 ALTERNATE RAIL-SERVE SITE PLAN 1A2-1P BUILDING 1 FLOOR PLAN 1A2-2P BUILDING 1 FLOOR PLAN ENLARGEMENTS 1A2-3P BUILDING 1 ROOF PLAN 1A3-1P BUILDING 1 EXTERIOR ELEVATIONS 1A3-2P BUILDING 1 EXTERIOR ELEVATIONS 1A3-3P BUILDING 1 EXTERIOR RENDERINGS 2A2-1P BUILDING 2 FLOOR PLAN 2A2-2P BUILDING 2 FLOOR PLAN ENLARGEMENTS 2A2-3P BUILDING 2 ROOF PLAN 2A3-1P BUILDING 2 EXTERIOR ELEVATIONS 2A3-2P BUILDING 2 EXTERIOR ELEVATIONS 2A3-3P BUILDING 2 EXTERIOR RENDERINGS 1 CONCEPT GRADING TITLE SHEET 2 - 7 CONCEPT GRADING PLAN 8 - 13 CONCEPT SITE UTILITY PLAN 14 - 17 CONCEPT STORM DRAIN PLAN 18 - 19 PRELIMINARY SITE AND DRAINAGE MAP 20-21 RETAINING WALL PROFILES 1-2 CONCEPTUAL RAIL PLANS 1-3 CONCEPTUAL STREET IMPROVEMENT PLANS 1-6 DEMOLITION PLAN SHEETS 7 EROSION CONTROL PLAN 8 EROSION CONTROL DETAILS L-0 LANDSCAPE PLANTING OVERALL L-1 LANDSCAPE PLANTING PLAN L-2 LANDSCAPE PLANTING PLAN L-3 LANDSCAPE PLANTING PLAN L-4 LANDSCAPE PLANTING PLAN L-5 LANDSCAPE PLANTING PLAN L-6 LANDSCAPE PLANTING PLAN SL1 SITE LIGHTING OVERALL PLAN SL2 BLDG 1 NORTHEAST PHOTOMETRIC SL3 BLDG 1 SOUTHEAST PHOTOMETRIC SL4 BLDG 1 NORTHWEST PHOTOMETRIC SL5 BLDG 1 SOUTHWEST PHOTOMETRIC SL6 BLDG 2 EAST PHOTOMETRIC SL7 BLDG 2 WEST PHOTOMETRIC SL8 LUMINAIRE SPECIFICATION SHEETS SUBJECT SITE AREA 1. PROPOSED PAINTED CONCRETE TILT-UP 40' CLEAR INDUSTRIAL BUILDING. 2. TYPICAL PARKING STALL - 9' X 18'. MAY BE REDUCED TO 9' X 17' W/ 1'-0" OVERHANG. STRIPING PER CITY STANDARDS. 3. TYPICAL LOW EMITTING / FUEL EFFICIENT / CARPOOL / VANPOOL PARKING STALL - 9' X 18'. MAY BE REDUCED TO 9' X 17' W/ 1'-0" OVERHANG. STRIPING PER CITY STANDARDS. MINIMUM 8% OF ALL PARKING SPACES PROVIDED PER BUILDING. A MINIMUM OF 6% OF ALL PARKING SPACES PROVIDED PER BUILDING SHALL BE EQUIPPED FOR FUTURE EV CHARGING CAPACITY. 4. 7" THICK CONCRETE YARD W/ GRADE LEVEL TRUCK DOORS AND AUTO PARKING AREAS. 5. FULLY IRRIGATED LANDSCAPE AREA BOUNDED BY 6" CONCRETE CURB - SEE CONCEPT LANDSCAPE PLAN. 6. PRIMARY BUILDING ENTRANCE W/ DECORATIVE CONCRETE ENTRY WALK. 7. LOCATION OF 8'-0" HIGH TRASH AND RECYCLABLE BINS. SEE SHEET A2-1 FOR ELEVATION AND SECTIONS. 8. NEW 8'-0" HIGH BLACK TUBE STEEL FENCE. 9. PROPERTY LINES. 10. PROPOSED TRANSFORMER LOCATION. 11. 14' X 50' TRUCK TRAILER PARKING AREA. 12. ACCESSIBLE PARKING STALLS 9' X 18'-0" MIN. 13. DASHED LINE INDICATES : NEW 5'-0" WIDE SURFACE WALK ACCESSIBLE PATH OF TRAVEL FROM PUBLIC SIDEWALK & PARKING STALLS TO PRIMARY BUILDING ENTRANCE - CONSTRUCT NEW CONCRETE SIDEWALK. MAX SLOPE OF SURFACE WALK IN THE DIRECTION OF TRAVEL 4.9%. MAX CROSS SLOPE 2%. 14. PROVIDE BREAK AREA / LUNCH PATIO WITH SEATING. SEE PROJECT DATA ON A1-0 FOR MIN SF AREA AND NUMBER OF SEATS. 15. PROPOSED LOCATION FOR FIRE WATER METER AND 2" SUPPLY LINE INTO BUILDING. ABOVE GROUND BACKFLOWS AND DETECTOR CHECK ASSEMBLIES SHALL BE SCREENED BY A 3' MIN. / 4' MAX. CMU WALL ON 3 SIDES, 3' CLEAR TO THE ASSEMBLY. SEE PLAN VIEW. 16. PROPOSED SEWER LATERAL FROM PUBLIC RIGHT OF WAY SERVING BOTH BUILDINGS 1 & 2. 17. EXISTING DRIVE WAY APRON TO BE REMOVED. 18. NEW CURB AND GUTTER PER CITY STANDARD. 19. PROPOSED ONSITE FIRE HYDRANT LOCATIONS. 20. ALL UTILITY STRUCTURES SUCH AS TRANSFORMERS AND BACK FLOW DEVICES SHALL BE SCREENED BY LANDSCAPE, SEE LANDSCAPE PLAN. 21. CONCRETE LANDING AND BICYCLE RACK FOR BIKES. SEE PROJECT DATA FOR SPACES REQUIRED. 22. LONG TERM MOUNTED BICYCLE RACK. (NOTE LONG TERM RACK TO BE INSTALL ADJACENT TO ELECTRICAL ROOM TO COMPLY WITH CALGREEN). SEE PROJECT DATA FOR SPACES REQUIRED. 23. TYP. 8' HIGH PAINTED CONCRETE SCREEN WALL ELEVATION W/ ACCENT REVEALS AND PAINTED ACCENTS TO MATCH BUILDING ARCHITECTURE. 24. CONCRETE TILT-UP FIRE PUMP STRUCTURE - 15' HEIGHT, PAINTED TO COORDINATE W/ BUILDING ARCHITECTURE. 6 TH S T R E E T 4TH S T R E E T EXISTING INDUSTRIAL BUILDING PROJECT DATA GENERAL PLAN: EXISTING ZONE: PROPOSED ZONE: SITE AREA: LEGAL DESCRIPTION FEE: EXISTING 6TH STREET AREA: PROPOSED STREET "A": LOT A REMNANT LOT (SEE PARCEL MAP) NET SITE AREA FOR PROPOSED DEVELOPMENT: GENERAL INDUSTRIAL & HEAVY INDUSTRIAL GENERAL INDUSTRIAL (GI) AND HEAVY INDUSTRIAL (HI) GENERAL INDUSTRIAL (GI) 3,981,084 SF / 91.39 AC 58,562 SF / 1.34 AC 212,968 SF / 4.89 AC 5,031 SF / 0.11 AC 3,704,522 SF / 85.04 AC GROSS SITE AREA NET SITE AREA BUILDING AREA FOOTPRINT AREA: MEZZANINE (WHSE OR OFFICE): GROSS FLOOR AREA: BUILDING AREA BY USE: OFFICE AREA WAREHOUSE AREA GROSS COVERAGE: GROSS F.A.R.: LANDSCAPE: PROVIDED: COVERAGE: AREA: AUTO PARKING: REQUIRED PARKING: OFFICE @ 1/250 WAREHOUSE 1-20K SF @ 1/1000 20K - 40K SF @ 1/2000 > 40K SF @ 1/4000 TOTAL PROVIDED PARKING: DOCK LOADING POSITIONS: TRAILER PARKING PROVIDED: BICYCLE PARKING: SHORT TERM LONG TERM EMPLOYEE OUTDOOR AREAS SF REQUIRED SF PROVIDED SEATING REQUIRED SEATING PROVIDED TOTAL 3,981,084 SF 3,704,522 SF 2,141,770 SF 33,230 SF 2,175,000 SF 41,000 SF 2,134,000 SF 53.80% 0.546 10.00% 370,600 SF (INCLUDES PARKWAYS) 737 STALLS 746 STALLS 275 DOCKS 312 TRAILERS 38 REQ. / 38 PROV. 38 REQ. / 38 PROV. 1,500 SF 1,540 SF 71 SEATS 80 SEATS BLDG 2 1,484,596 SF 1,302,112 SF 738,270 SF 14,230 SF 752,500 SF 16,000 SF 736,500 SF 49.73% .496 10.3% 134,400 SF 64 STALLS 20 STALLS 10 STALLS 174 STALLS 268 STALLS 268 STALLS 91 DOCKS 91 TRAILERS 14 REQ. / 14 PROV. 14 REQ. / 14 PROV. 500 SF 540 SF 28 SEATS 32 SEATS BLDG 1 2,484,027 SF 2,402,411 SF 1,403,500 SF 19,000 SF 1,422,500 SF 25,000 SF 1,397,500 SF 56.50% .573 9.8% 236,200 SF 100 STALLS 20 STALLS 10 STALLS 339 STALLS 469 STALLS 478 STALLS 184 DOCKS 221 TRAILERS 24 REQ. / 24 PROV. 24 REQ. / 24 PROV. 1,000 SF 1,000 SF 43 SEATS 48 SEATS BUILDING 2 SINGLE TENANT WAREHOUSE BUILDING FOOTPRINT: 738,270 SF MEZZANINE: 14,230 SF G.F.A.: 752,500 SF OCCUPANCY: B/S-1 CONSTRUCTION TYPE: III-B NUMBER OF STORIES: 1 MAX. HEIGHT: 50 FT. 136'8'-0"H TUBE STEEL FENCE GATE59.8' +/- POTENTIAL OFFICE AREA W/ MEZZANINE POTENTIAL OFFICE AREA 1 4 5 6 7 7 T 1111 23 23 N E W S T R E E T " A " 1,912'-0"185'-0"220'-0"710'-0"25' 185'-0"680'-0"185'-0"1,046'-0"66'82'52'40'66'25'77' 19'20'44'44'40' 92 DOCK DOORS (34) 50' TRAILER POSITIONS (97) TRAILER POSITIONS 92 DOCK DOORS 51 DOCK DOORS40 DOCK DOORS49 TRAILER POSITIONS42 TRAILER POSITIONSGATEGATEGATE GATE POTENTIAL OFFICE AREA POTENTIAL OFFICE AREA 4 4 11 (90) 50' TRAILER POSITIONS POTENTIAL OFFICE AREA LOT "A" (SEE PARCEL MAP) POTENTIAL OFFICE AREA W/ MEZZANINE 8'-0"H WALL 14 14 14 GATE GATE 3-HR WALL Exhibit B EX. 33" STORM DRAINXXXXXXXXXXXXXXZONING: HIHEAVY INDUSTRIAL35' BUILDINGSETBACK LINEZONING: GIGENERAL INDUSTRIAL45' BUILDINGSETBACK LINE5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE BOUNDARY LINECITY OF RANCHO CUCAMONGABOUNDARY LINECITY OF ONTARION 89Ā49'26" E 1201.09'1797.03' 5' BUILDING SETBACK LINE 849.87'2408.72' N 0Ā14'33" E 3258.59'CONSTRUCTION ℄3' SOUTH OF PLN 0Ā14'37" E 1857.03' 60.00' STREET DEDICATION (ULTIMATE R/W: 44')N 89Ā56'54" E 970.98'N 89Ā56'54" E 970.98'N 0Ā14'37" E 1464.19'N 89Ā56'36" E 275.03'45' BUILDINGSETBACK LINE45' BUILDINGSETBACK LINE45' BUILDINGSETBACK LINE45' BUILDINGSETBACK LINE5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 35' BUILDINGSETBACK LINE35' BUILDINGSETBACK LINE35' BUILDINGSETBACK LINE35' BUILDINGSETBACK LINE35' BUILDINGSETBACK LINECONSTRUCTION ℄3' SOUTH OF PLCONSTRUCTION ℄3' SOUTH OF PLCONSTRUCTION ℄3' SOUTH OF PLCONSTRUCTION ℄3' SOUTH OF PLN 0Ā14'37" E 1464.19'N 89Ā54'00" E 44.99'1797.03' N 0Ā14'37" E 1857.03'BOUNDARY LINECITY OF RANCHO CUCAMONGABOUNDARY LINECITY OF ONTARIOBOUNDARY LINECITY OF RANCHO CUCAMONGABOUNDARY LINECITY OF ONTARIOBOUNDARY LINECITY OF RANCHO CUCAMONGABOUNDARY LINECITY OF ONTARIOBOUNDARY LINECITY OF RANCHO CUCAMONGABOUNDARY LINECITY OF ONTARIOSTREET DEDICATION (ULTIMATE R/W: 44') STREET DEDICATION (ULTIMATE R/W: 44') STREET DEDICATION (ULTIMATE R/W: 44') STREET DEDICATION (ULTIMATE R/W: 44') 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE TREESDENSEHC TRAILER CLCL(PUBLIC STREET)CLCLONE STORY CONCRETE BUILDING WITH TWO STORY OFFICE AREA FOOTPRINT AREA =1,377,219 S.F. BUILDING HEIGHT =52.8' ONE STORY CONCRETE BUILDING FOOTPRINT AREA =23,146 S.F. BUILDING HEIGHT =22.0' SHEET: SHEET TITLE RGA, OFFICE OF ARCHITECTURAL DESIGN COPYRIGHT CHK'D BY: DRAWN BY: CAD FILE NAME: OWNER PROJECT NO: RGA PROJECT NO: MARK DESCRIPTIONDATE SD CONSULTANT PROFESSIONAL SEALS RGA Office of Architectural Design 15231 Alton Parkway, Suite 100 Irvine, CA 92618 T 949-341-0920 FX 949-341-0922 EXISTING SITE PLAN CS DR 00000.00 A1-1P BRIDGE POINT RANCHO CUCAMONGA 12434 4TH STREET CITY OF RANCHO CUCAMONGA, CALIFORNIA 19134-01-A1-1P 19134.01 11/1/19 SCHEMATIC DESIGN BRIDGE POINT RANCHO CUCAMONGA, LLC 11100 SANTA MONICA BLVD., SUITE 700 LOS ANGELES, CA 90025 TEL: 213-805-6667 CONTACT: BRENDAN KOLTER bkotler@bridgedev.com OWNER: APPLICANT: BRIDGE POINT RANCHO CUCAMONGA, LLC 11100 SANTA MONICA BLVD., SUITE 700 LOS ANGELES, CA 90025 TEL: 213-805-6667 CONTACT: BRENDAN KOLTER bkotler@bridgedev.com SD 1/8/20 PLANNING RESUBMITTAL DRC 2020-00202 SD 4/10/20 PLANNING RESUBMITTAL EXISTING SITE PLAN SCALE: 1" = 100'-0" 0'20'100'50'200'4 TH S T R E E T6 TH S T R E E TEXISTING INDUSTRIAL BUILDING EXISTING INDUSTRIAL BUILDING EXISTING PRISON FACILITY EXISTING INDUSTRIAL BUILDING WITH OPEN TRAILER DROP LOT EXISTING INDUSTRIAL BUILDING 40' WIDE EXISTING ACCESS ROAD EXISTING TRAILER PARKING TO BE DEMOLISHED EXISTING VACANT LAND EXISTING RAIL SPUREXISTING ONE STORY CONCRETE TILT-UP BUILDING WITH TWO-STORY OFFICE TO BE DEMOLISHED FOOTPRINT AREA: 1,373,000 SF MEZZANINE AREA: 58,000 SF TOTAL EXISTING FLOOR AREA: 1,431,000 SFZONE: GI - GENERAL INDUSTRIALZONE: HI - HEAVY INDUSTRIALEXISTING ONE STORY CONCRETE TILT-UP BUILDING TO BE DEMOLISHED FOOTPRINT AREA: 23,240 SF 215 AUTO STALLS 202 AUTO STALLS 116 AUTO STALLS EXISTING RAIL SPUR EXISTING PROJECT DATA GENERAL PLAN: ZONE: SITE AREA: LEGAL DESCRIPTION FEE: EXISTING STREET AREA: EASEMENT AREA STREET AREA: NET SITE AREA: EXISTING BUILDING AREA: MAIN BUILDING FOOTPRINT: MAIN BUILDING MEZZANINE: ACCESSORY BUILDING: GROSS FLOOR AREA: LOT COVERAGE (NET): F.A.R. (NET): EXISTING AUTO PARKING PROVIDED: EXISTING LOADING DOCK DOORS: EXISTING TRAILER PARKING EXISTING LANDSCAPE PROVIDED: GENERAL INDUSTRIAL & HEAVY INDUSTRIAL GENERAL INDUSTRIAL (GI) AND HEAVY INDUSTRIAL (HI) 3,981,084 SF / 91.39 AC 54,824 SF / 1.259 AC 52,339 SF / 1.202 AC 3,738 SF / 0.086 AC 3,870,183 SF / 88.846 AC 1,373,000 SF 58,000 SF 23,240 SF 1,454,240 SF 36.08 % 37.58 % 558 STALLS 76 DOCK HIGH DOORS 4 RAIL SERVE DOORS 373 STALLS 434,631 SF (PER ALTA SURVEY) EX. 33" STORM DRAINXXXXXXXXXXXXZONING: HIHEAVY INDUSTRIAL35' BUILDINGSETBACK LINEZONING: GIGENERAL INDUSTRIAL45' BUILDINGSETBACK LINE5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE BOUNDARY LINECITY OF RANCHO CUCAMONGABOUNDARY LINECITY OF ONTARION 89Ā49'26" E 1201.09'1797.03' 5' BUILDING SETBACK LINE 849.87'2408.72' N 0Ā14'33" E 3258.59'CONSTRUCTION ℄3' SOUTH OF PLN 0Ā14'37" E 1857.03' 60.00' STREET DEDICATION (ULTIMATE R/W: 44')N 89Ā56'54" E 970.98'N 89Ā56'54" E 970.98'N 0Ā14'37" E 1464.19'N 89Ā56'36" E 275.03'45' BUILDINGSETBACK LINE45' BUILDINGSETBACK LINE45' BUILDINGSETBACK LINE45' BUILDINGSETBACK LINE5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 35' BUILDINGSETBACK LINE35' BUILDINGSETBACK LINE35' BUILDINGSETBACK LINE35' BUILDINGSETBACK LINE35' BUILDINGSETBACK LINECONSTRUCTION ℄3' SOUTH OF PLCONSTRUCTION ℄3' SOUTH OF PLCONSTRUCTION ℄3' SOUTH OF PLCONSTRUCTION ℄3' SOUTH OF PLN 0Ā14'37" E 1464.19'N 89Ā54'00" E 44.99'1797.03' N 0Ā14'37" E 1857.03'BOUNDARY LINECITY OF RANCHO CUCAMONGABOUNDARY LINECITY OF ONTARIOBOUNDARY LINECITY OF RANCHO CUCAMONGABOUNDARY LINECITY OF ONTARIOBOUNDARY LINECITY OF RANCHO CUCAMONGABOUNDARY LINECITY OF ONTARIOBOUNDARY LINECITY OF RANCHO CUCAMONGABOUNDARY LINECITY OF ONTARIOSTREET DEDICATION (ULTIMATE R/W: 44') STREET DEDICATION (ULTIMATE R/W: 44') STREET DEDICATION (ULTIMATE R/W: 44') STREET DEDICATION (ULTIMATE R/W: 44') 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE TREESDENSEHC TRAILER CLCL(PUBLIC STREET)CLCLONE STORY CONCRETE BUILDING WITH TWO STORY OFFICE AREA FOOTPRINT AREA =1,377,219 S.F. BUILDING HEIGHT =52.8' ONE STORY CONCRETE BUILDING FOOTPRINT AREA =23,146 S.F. BUILDING HEIGHT =22.0' EV EV EVEVSHEET: SHEET TITLE RGA, OFFICE OF ARCHITECTURAL DESIGN COPYRIGHT CHK'D BY: DRAWN BY: CAD FILE NAME: OWNER PROJECT NO: RGA PROJECT NO: MARK DESCRIPTIONDATE SD CONSULTANT PROFESSIONAL SEALS RGA Office of Architectural Design 15231 Alton Parkway, Suite 100 Irvine, CA 92618 T 949-341-0920 FX 949-341-0922 SITE FENCE PLAN CS DR 00000.00 A1-2P BRIDGE POINT RANCHO CUCAMONGA 12434 4TH STREET CITY OF RANCHO CUCAMONGA, CALIFORNIA 19134-01-A1-2P 19134.01 11/1/19 SCHEMATIC DESIGN BRIDGE POINT RANCHO CUCAMONGA, LLC 11100 SANTA MONICA BLVD., SUITE 700 LOS ANGELES, CA 90025 TEL: 213-805-6667 CONTACT: BRENDAN KOLTER bkotler@bridgedev.com OWNER: APPLICANT: BRIDGE POINT RANCHO CUCAMONGA, LLC 11100 SANTA MONICA BLVD., SUITE 700 LOS ANGELES, CA 90025 TEL: 213-805-6667 CONTACT: BRENDAN KOLTER bkotler@bridgedev.com SD 1/8/20 PLANNING RESUBMITTAL DRC 2020-00202 SD 4/10/20 PLANNING RESUBMITTAL SD 8/25/20 PLANNING RESUBMITTAL SD 12/18/20 PLANNING RESUBMITTAL SD 1/15/21 PLANNING RESUBMITTAL SD 10/22/20 PLANNING RESUBMITTAL SD 12/10/20 PLANNING RESUBMITTAL SITE FENCE PLAN SCALE: 1" = 100'-0" 0'20'100'50'200'4 TH S T R E E T6 TH S T R E E T641' 8'-0"H CONC. TILT UP SCREENWALL 303'1,430' 8'-0"H TUBE STEEL FENCE 8'-0"H TUBE STEEL FENCE45'8'-0"H TUBE STEEL FENCE 1,055' 8'-0"H TUBE STEEL SWING GATE 8'-0"H SLIDING STEEL GATE W/ PERF. MESH TO OBSCURE VIEW OF TRUCK COURT 8'-0"H CONC. TILT-UP SCREENWALL 8'-0"H SLIDING STEEL GATE W/ PERF. MESH TO OBSCURE VIEW OF TRUCK COURT 19'40'77'24'56'61'BUILDING 1BUILDING 2 8'-0"H CONC. TILT-UP SCREENWALL 8'-0"H CONC. TILT-UP SCREENWALL 8'-0"H SLIDING STEEL GATE N E W S T R E E T " A " 8'-0"H CONC. TILT-UP SCREENWALL 43'30' 8'-0"H TUBE STEEL FENCE 694' VARIABLE HT. RETAINING WALL - SEE CIVIL592'48'102'37'43'32'45'108'VARIABLE HT. RETAINING WALL - SEE CIVIL153'VARIABLE HT. RETAINING WALL - SEE CIVIL 8'-0"H SLIDING STEEL GATE 346' VARIABLE HT. RETAINING WALL - SEE CIVILCONCRETE TILT-UP WALL - 8'H ABOVE GRADE FACING 6TH / VARIABLE RETAINING HEIGHT70'40'35' 80'40'48'18' 30'40'67'953' VARIABLE HT. RETAINING WALL - SEE CIVIL + 8'-0"H TUBE STEEL FENCE AT TOP OF WALL62'40'8'H CONC. WALL8'-0"H SLIDING STEEL GATE 8'-0"H CONC. TILT-UP SCREENWALL 8'-0"H SLIDING STEEL GATE 8'-0"H SLIDING STEEL GATE TRASH ENC. 8'H CONC. WALL 8'H GATE TRASH ENC.3'-4'H CMU @ DDCA 3'-4'H CMU @ DDCA 3'-4'H CMU @ DDCA 3'-4'H CMU @ DDCA 8'-0"H CONC. TILT UP SCREENWALL 25'712'45'30'8'H STEEL FENCE 8'H STEEL FENCE930' - 8'-0"H TUBE STEEL FENCE860' (E) RET. WALL TO REMAIN EX. 33" STORM DRAINXXXXXXZONING: HIHEAVY INDUSTRIALZONING: GIGENERAL INDUSTRIAL45' BUILDINGSETBACK LINE5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE BOUNDARY LINECITY OF RANCHO CUCAMONGABOUNDARY LINECITY OF ONTARION 89Ā49'26" E 1201.09'1797.03' 5' BUILDING SETBACK LINE 2408.72' N 0Ā14'33" E 3258.59' N 0Ā14'37" E 1857.03' 60.00'45' BUILDINGSETBACK LINE45' BUILDINGSETBACK LINE45' BUILDINGSETBACK LINE45' BUILDINGSETBACK LINE5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE N 0Ā14'37" E 1464.19'N 89Ā54'00" E 44.99'1797.03' N 0Ā14'37" E 1857.03'BOUNDARY LINECITY OF RANCHO CUCAMONGABOUNDARY LINECITY OF ONTARIOBOUNDARY LINECITY OF RANCHO CUCAMONGABOUNDARY LINECITY OF ONTARIOBOUNDARY LINECITY OF RANCHO CUCAMONGABOUNDARY LINECITY OF ONTARIOBOUNDARY LINECITY OF RANCHO CUCAMONGABOUNDARY LINECITY OF ONTARIO5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE TREESDENSEHC TRAILER CLCLONE STORY CONCRETE BUILDING WITH TWO STORY OFFICE AREA FOOTPRINT AREA =1,377,219 S.F. BUILDING HEIGHT =52.8' ONE STORY CONCRETE BUILDING FOOTPRINT AREA =23,146 S.F. BUILDING HEIGHT =22.0'R=46'R= 2 0 ' R = 4 6 'EVEV57 STALLS 226 STALLS35 STALLS56 STALLS33 STALLS33 STALLS 70 STALLS59 STALLS SHEET: SHEET TITLE RGA, OFFICE OF ARCHITECTURAL DESIGN COPYRIGHT CHK'D BY: DRAWN BY: CAD FILE NAME: OWNER PROJECT NO: RGA PROJECT NO: MARK DESCRIPTIONDATE SD CONSULTANT PROFESSIONAL SEALS RGA Office of Architectural Design 15231 Alton Parkway, Suite 100 Irvine, CA 92618 T 949-341-0920 FX 949-341-0922 ENLARGED BUILDING 1 SITE PLAN CS DR 00000.00 A1-3P BRIDGE POINT RANCHO CUCAMONGA 12434 4TH STREET CITY OF RANCHO CUCAMONGA, CALIFORNIA 19134-01-A1-3P 19134.01 11/1/19 SCHEMATIC DESIGN BRIDGE POINT RANCHO CUCAMONGA, LLC 11100 SANTA MONICA BLVD., SUITE 700 LOS ANGELES, CA 90025 TEL: 213-805-6667 CONTACT: BRENDAN KOLTER bkotler@bridgedev.com OWNER: APPLICANT: BRIDGE POINT RANCHO CUCAMONGA, LLC 11100 SANTA MONICA BLVD., SUITE 700 LOS ANGELES, CA 90025 TEL: 213-805-6667 CONTACT: BRENDAN KOLTER bkotler@bridgedev.com SD 1/8/20 PLANNING RESUBMITTAL DRC 2020-00202 SD 4/10/20 PLANNING RESUBMITTAL SD 8/25/20 PLANNING RESUBMITTAL SD 12/18/20 PLANNING RESUBMITTAL SD 1/15/21 PLANNING RESUBMITTAL 106'GATEGATE136'4 TH S T R E E T46' BUILDING 1 SINGLE TENANT FOOTPRINT: 1,403,500 SF MEZZANINE: 19,000 SF G.F.A.: 1,422,500 SF OCCUPANCY: B/S-1 CONSTRUCTION TYPE: III-B NUMBER OF STORIES: 1 MAX. HEIGHT: 50 FT. PROPERTY LINE 3214.24' PROPERTY LINE 1797.03'PL 45.0'PROPERTY LINE 1201.91'308'1,430' 8'-0"H TUBE STEEL FENCE 8'-0"H TUBE STEEL FENCE45'8'-0"H TUBE STEEL FENCE EXISTING INDUSTRIAL BUILDING EXISTING PRISION FACILITY 1 4 6 6 8 8 8 8 ENLARGED BUILDING 1 SITE PLAN SCALE: 1" = 60'-0" EXISTING INDUSTRIAL BUILDING 7 7 23 23 N E W S T R E E T " A " 1,912'-0"185'-0"220'-0"710'-0"66'25'44'92 DOCK DOORS 92 DOCK DOORS GATEGATEPOTENTIAL OFFICE AREA POTENTIAL OFFICE AREA 4 0'20'100'50'200' 11 (34) 50' TRAILER POSITIONS11(90) 50' TRAILER POSITIONS 7'7' 11 (97) 55' TRAILER POSITIONS14'4 24 21 21 14 1426'-0"W FIRELANE26'-0"W FIRELANE 26'-0"W FIRELANE26'-0"W FIRELANE 26'-0"W FIRELA N E T 1022 8 18'26'18'10'18'26'18'51'32'45'15'18'26'18'32'120'50'50'130'55'19'40'18'26'18'6'34'5'18'26'17'17'26'18'18.1'26'27'35'35'27' 26'26'9'EXISTING CURB CUT 40'43'40'15 15 17 17 20 5 5 12 12 1818 POTENTIAL OFFICE AREA W/ MEZZANINE 232323 26'-0"W FIRELANE26'-0"W FIRELANE26'-0"W FIRELANE77' 12'40'18'195'-0"66'140'55'39'18' 34'12' XXXXXXXXZONING: HIHEAVY INDUSTRIAL35' BUILDINGSETBACK LINEZONING: GIGENERAL INDUSTRIAL5' BUILDING SETBACK LINE 849.87' N 0Ā14'33" E 3258.59'CONSTRUCTION ℄3' SOUTH OF PLSTREET DEDICATION (ULTIMATE R/W: 44')N 89Ā56'54" E 970.98'N 89Ā56'54" E 970.98'N 0Ā14'37" E 1464.19'N 89Ā56'36" E 275.03'5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 35' BUILDINGSETBACK LINE35' BUILDINGSETBACK LINE35' BUILDINGSETBACK LINE35' BUILDINGSETBACK LINE35' BUILDINGSETBACK LINECONSTRUCTION ℄3' SOUTH OF PLCONSTRUCTION ℄3' SOUTH OF PLCONSTRUCTION ℄3' SOUTH OF PLCONSTRUCTION ℄3' SOUTH OF PLN 0Ā14'37" E 1464.19'N 89Ā54'00" E 44.99'1797.03' N 0Ā14'37" E 1857.03' STREET DEDICATION (ULTIMATE R/W: 44') STREET DEDICATION (ULTIMATE R/W: 44') STREET DEDICATION (ULTIMATE R/W: 44') STREET DEDICATION (ULTIMATE R/W: 44') 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINECL(PUBLIC STREET)CLR=20'R=46'R=20'R = 2 0 ' R= 2 0 ' R = 4 6 ' EV EV 35 STALLS35 STALLS123 STALLS 19 STALLS56 STALLS33 STALLS 70 STALLS59 STALLS SHEET: SHEET TITLE RGA, OFFICE OF ARCHITECTURAL DESIGN COPYRIGHT CHK'D BY: DRAWN BY: CAD FILE NAME: OWNER PROJECT NO: RGA PROJECT NO: MARK DESCRIPTIONDATE SD CONSULTANT PROFESSIONAL SEALS RGA Office of Architectural Design 15231 Alton Parkway, Suite 100 Irvine, CA 92618 T 949-341-0920 FX 949-341-0922 ENLARGED BUILDING 2 SITE PLAN CS DR 00000.00 A1-4P BRIDGE POINT RANCHO CUCAMONGA 12434 4TH STREET CITY OF RANCHO CUCAMONGA, CALIFORNIA 19134-01-A1-4P 19134.01 11/1/19 SCHEMATIC DESIGN BRIDGE POINT RANCHO CUCAMONGA, LLC 11100 SANTA MONICA BLVD., SUITE 700 LOS ANGELES, CA 90025 TEL: 213-805-6667 CONTACT: BRENDAN KOLTER bkotler@bridgedev.com OWNER: APPLICANT: BRIDGE POINT RANCHO CUCAMONGA, LLC 11100 SANTA MONICA BLVD., SUITE 700 LOS ANGELES, CA 90025 TEL: 213-805-6667 CONTACT: BRENDAN KOLTER bkotler@bridgedev.com SD 1/8/20 PLANNING RESUBMITTAL DRC 2020-00202 SD 4/10/20 PLANNING RESUBMITTAL SD 8/25/20 PLANNING RESUBMITTAL SD 12/18/20 PLANNING RESUBMITTAL SD 1/15/21 PLANNING RESUBMITTAL ENLARGED BUILDING 2 SITE PLAN SCALE: 1" = 60'-0" 0'20'100'50'200'6 TH S T R E E TPROPERTY LINE 1419.72'PROPERTY LINE 1246.89'1,052' EXISTING INDUSTRIAL BUILDING EXISTING INDUSTRIAL BUILDING WITH OPEN TRAILER DROP LOTEXISTING ELECTRICAL SUB-STATIONEXISTING RAIL SPURBUILDING 2 SINGLE TENANT FOOTPRINT: 738,270 SF MEZZANINE: 14,230 SF G.F.A.: 752,500 SF OCCUPANCY: B/S-1 CONSTRUCTION TYPE: III-B NUMBER OF STORIES: 1 MAX. HEIGHT: 50 FT. 8'-0"H TUBE STEEL FENCE GATE72.7' +/- POTENTIAL OFFICE AREA W/ MEZZANINE POTENTIAL OFFICE AREA 1 4 T 185'-0"680'-0"185'-0"1,046'-0"66'82'53'40'11'44'51 DOCK DOORS40 DOCK DOORSGATE 11 42 TRAILER POSITIONS11 49 TRAILER POSITIONS4 GATE GATE N E W S T R E E T " A "26'-0"W FIRELANE26'-0"W FIRELANE26'-0"W FIRELANE26'-0"W FIRELANE 26'-0"W FIRELANE 26'-0"W FIRELANE6 14 21 14'18'26'18'6'11'24 7 10 22 40'30'40'35'40'7'18'25'18'6'6'10'18'40'18' 12'7' 12'-10"18'40'18'49'26'EXISTING CURB CUT EXISTING CURB CUT EXISTING CURB CUT EXISTING CURB CUT 15 15 20 125 5 8 23.6' 23 23 65' 22.1'26'-0"W FIRELANE18'23 23 18 22.5'30'20' EX. 33" STORM DRAINXXXXXXXXXXXXXXZONING: HIHEAVY INDUSTRIAL35' BUILDINGSETBACK LINEZONING: GIGENERAL INDUSTRIAL45' BUILDINGSETBACK LINE5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE BOUNDARY LINECITY OF RANCHO CUCAMONGABOUNDARY LINECITY OF ONTARION 89Ā49'26" E 1201.09'1797.03' 5' BUILDING SETBACK LINE 849.87'2408.72' N 0Ā14'33" E 3258.59'CONSTRUCTION ℄3' SOUTH OF PLN 0Ā14'37" E 1857.03' 60.00' STREET DEDICATION (ULTIMATE R/W: 44')N 89Ā56'54" E 970.98'N 89Ā56'54" E 970.98'N 0Ā14'37" E 1464.19'N 89Ā56'36" E 275.03'45' BUILDINGSETBACK LINE45' BUILDINGSETBACK LINE45' BUILDINGSETBACK LINE45' BUILDINGSETBACK LINE5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 35' BUILDINGSETBACK LINE35' BUILDINGSETBACK LINE35' BUILDINGSETBACK LINE35' BUILDINGSETBACK LINE35' BUILDINGSETBACK LINECONSTRUCTION ℄3' SOUTH OF PLCONSTRUCTION ℄3' SOUTH OF PLCONSTRUCTION ℄3' SOUTH OF PLCONSTRUCTION ℄3' SOUTH OF PLN 0Ā14'37" E 1464.19'N 89Ā54'00" E 44.99'1797.03' N 0Ā14'37" E 1857.03'BOUNDARY LINECITY OF RANCHO CUCAMONGABOUNDARY LINECITY OF ONTARIOBOUNDARY LINECITY OF RANCHO CUCAMONGABOUNDARY LINECITY OF ONTARIOBOUNDARY LINECITY OF RANCHO CUCAMONGABOUNDARY LINECITY OF ONTARIOBOUNDARY LINECITY OF RANCHO CUCAMONGABOUNDARY LINECITY OF ONTARIOSTREET DEDICATION (ULTIMATE R/W: 44') STREET DEDICATION (ULTIMATE R/W: 44') STREET DEDICATION (ULTIMATE R/W: 44') STREET DEDICATION (ULTIMATE R/W: 44') 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE 5' BUILDING SETBACK LINE TREESDENSEHC TRAILER CLCL(PUBLIC STREET)CLCLONE STORY CONCRETE BUILDING WITH TWO STORY OFFICE AREA FOOTPRINT AREA =1,377,219 S.F. BUILDING HEIGHT =52.8' ONE STORY CONCRETE BUILDING FOOTPRINT AREA =23,146 S.F. BUILDING HEIGHT =22.0' EV EV EVEV57 STALLS 226 STALLS35 STALLS35 STALLS123 STALLS 75 STALLS33 STALLS 70 STALLS92 STALLS SHEET: SHEET TITLE RGA, OFFICE OF ARCHITECTURAL DESIGN COPYRIGHT CHK'D BY: DRAWN BY: CAD FILE NAME: OWNER PROJECT NO: RGA PROJECT NO: MARK DESCRIPTIONDATE SD CONSULTANT PROFESSIONAL SEALS RGA Office of Architectural Design 15231 Alton Parkway, Suite 100 Irvine, CA 92618 T 949-341-0920 FX 949-341-0922 ALTERNATE RAIL-SERVE SITE PLAN CS DR 00000.00 A1-5P BRIDGE POINT RANCHO CUCAMONGA 12434 4TH STREET CITY OF RANCHO CUCAMONGA, CALIFORNIA 19134-01-A1-0P 19134.01 11/1/19 SCHEMATIC DESIGN BRIDGE POINT RANCHO CUCAMONGA, LLC 11100 SANTA MONICA BLVD., SUITE 700 LOS ANGELES, CA 90025 TEL: 213-805-6667 CONTACT: BRENDAN KOLTER bkotler@bridgedev.com OWNER: APPLICANT: BRIDGE POINT RANCHO CUCAMONGA, LLC 11100 SANTA MONICA BLVD., SUITE 700 LOS ANGELES, CA 90025 TEL: 213-805-6667 CONTACT: BRENDAN KOLTER bkotler@bridgedev.com SD 1/8/20 PLANNING RESUBMITTAL DRC 2020-00202 SD 4/10/20 PLANNING RESUBMITTAL SD 8/25/20 PLANNING RESUBMITTAL SD 10/22/20 PLANNING RESUBMITTAL SD 12/10/20 PLANNING RESUBMITTAL SD 12/18/20 PLANNING RESUBMITTAL SD 1/15/21 PLANNING RESUBMITTAL ALTERNATE RAIL-SERVE SITE PLAN 106'GATEGATE40'4 TH S T R E E T6 TH S T R E E T35'BUILDING 1 SINGLE TENANT WAREHOUSE BUILDING FOOTPRINT: 1,403,500 SF MEZZANINE: 19,000 SF G.F.A.: 1,422,500 SF OCCUPANCY: B/S-1 CONSTRUCTION TYPE: III-B NUMBER OF STORIES: 1 MAX. HEIGHT: 50 FT. PROPERTY LINE 3214.24' PROPERTY LINE 1797.03' PROPERTY LINE 1419.72'PL 45.0'PROPERTY LINE 1246.89'PROPERTY LINE 1201.91'303'1,430' 8'-0"H TUBE STEEL FENCE 8'-0"H TUBE STEEL FENCE45'8'-0"H TUBE STEEL FENCE 1,057' EXISTING INDUSTRIAL BUILDING EXISTING INDUSTRIAL BUILDING EXISTING PRISION FACILITY EXISTING INDUSTRIAL BUILDINGEXISTING INDUSTRIAL BUILDING WITH OPEN TRAILER DROP LOTEXISTING ELECTRICAL SUB-STATION1 4 6 6 8 8 8 8 8 11 15CITY OF RANCHO CUCAMONGACITY OF ONTARIOSCALE: 1" = 100'-0" 0'20'100'50'200'EXISTING RAIL SPUREXISTING INDUSTRIAL BUILDING PROJECT DATA GENERAL PLAN: EXISTING ZONE: PROPOSED ZONE: SITE AREA: LEGAL DESCRIPTION FEE: EXISTING 6TH STREET AREA: PROPOSED STREET "A": LOT A REMNANT LOT (SEE PARCEL MAP) NET SITE AREA FOR PROPOSED DEVELOPMENT: GENERAL INDUSTRIAL & HEAVY INDUSTRIAL GENERAL INDUSTRIAL (GI) AND HEAVY INDUSTRIAL (HI) GENERAL INDUSTRIAL (GI) 3,981,084 SF / 91.39 AC 58,562 SF / 1.34 AC 212,968 SF / 4.89 AC 5,031 SF / 0.11 AC 3,704,522 SF / 85.04 AC GROSS SITE AREA NET SITE AREA BUILDING AREA FOOTPRINT AREA: MEZZANINE (WHSE OR OFFICE): GROSS FLOOR AREA: BUILDING AREA BY USE: OFFICE AREA WAREHOUSE AREA GROSS COVERAGE: GROSS F.A.R.: AUTO PARKING: REQUIRED PARKING: OFFICE @ 1/250 WAREHOUSE 1-20K SF @ 1/1000 20K - 40K SF @ 1/2000 > 40K SF @ 1/4000 TOTAL PROVIDED PARKING: DOCK LOADING POSITIONS: TRAILER PARKING PROVIDED: TOTAL 3,981,084 SF 3,704,522 SF 2,141,770 SF 33,230 SF 2,175,000 SF 41,000 SF 2,134,000 SF 53.80% 0.546 746 STALLS 746 STALLS 252 DOCKS 252 TRAILERS BLDG 2 1,484,596 SF 1,302,112 SF 738,270 SF 14,230 SF 752,500 SF 16,000 SF 736,500 SF 49.73% .496 64 STALLS 20 STALLS 10 STALLS 174 STALLS 268 STALLS 268 STALLS 88 DOCKS 88 TRAILERS BLDG 1 2,484,027 SF 2,402,411 SF 1,403,500 SF 19,000 SF 1,422,500 SF 25,000 SF 1,397,500 SF 56.50% .573 100 STALLS 20 STALLS 10 STALLS 348 STALLS 478 STALLS 478 STALLS 164 DOCKS 164 TRAILERS BUILDING 2 SINGLE TENANT WAREHOUSE BUILDING FOOTPRINT: 738,270 SF MEZZANINE: 14,230 SF G.F.A.: 752,500 SF OCCUPANCY: B/S-1 CONSTRUCTION TYPE: III-B NUMBER OF STORIES: 1 MAX. HEIGHT: 50 FT. 136'8'-0"H TUBE STEEL FENCE GATEPOTENTIAL OFFICE AREA W/ MEZZANINE 1 4 5 6 7 7 T 11 23 23 N E W S T R E E T " A " 1,912'-0"185'-0"195'-0"710'-0"25' 185'-0"680'-0"163'-0"1,046'-0"66'82'52'40'66'25'77' 19'20'44'44'40' 92 DOCK DOORS (97) TRAILER POSITIONS 72 DOCK DOORS 48 DOCK DOORS40 DOCK DOORS43 TRAILER POSITIONS42 TRAILER POSITIONSGATEGATE GATE POTENTIAL OFFICE AREA POTENTIAL OFFICE AREA 4 4 11 (51) 50' TRAILER POSITIONS POTENTIAL OFFICE AREA LOT "A" (SEE PARCEL MAP) POTENTIAL OFFICE AREA W/ MEZZANINE 14 14 14 GATE 3-HR WALL 3 TRAILERS 11 RAIL DOCK 625'RAIL DOCK SHEET: SHEET TITLE RGA, OFFICE OF ARCHITECTURAL DESIGN COPYRIGHT CHK'D BY: DRAWN BY: CAD FILE NAME: OWNER PROJECT NO: RGA PROJECT NO: MARK DESCRIPTIONDATE SD CONSULTANT PROFESSIONAL SEALS RGA Office of Architectural Design 15231 Alton Parkway, Suite 100 Irvine, CA 92618 T 949-341-0920 FX 949-341-0922 FLOOR PLAN BUILDING 1 CS DR 00000.00 1A2-1P 19134-01-1A2-1P 19134.01 11/1/19 SCHEMATIC DESIGN BRIDGE POINT RANCHO CUCAMONGA 12434 4TH STREET CITY OF RANCHO CUCAMONGA, CALIFORNIA DRC 2020-00202 BRIDGE POINT RANCHO CUCAMONGA, LLC 11100 SANTA MONICA BLVD., SUITE 700 LOS ANGELES, CA 90025 TEL: 213-805-6667 CONTACT: BRENDAN KOLTER bkotler@bridgedev.com OWNER: APPLICANT: BRIDGE POINT RANCHO CUCAMONGA, LLC 11100 SANTA MONICA BLVD., SUITE 700 LOS ANGELES, CA 90025 TEL: 213-805-6667 CONTACT: BRENDAN KOLTER bkotler@bridgedev.com SD 1/8/20 PLANNING RESUBMITTAL SD 4/10/20 PLANNING RESUBMITTAL SD 8/25/20 PLANNING RESUBMITTAL SD 12/18/20 PLANNING RESUBMITTAL SD 1/15/21 PLANNING RESUBMITTAL FLOOR PLAN - BUILDING 1 SCALE: 1" = 60'-0" A B C D E F G H J K L M N O P B C D E F G H J K L M N O 1,912'-0" 64'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0" 1,912'-0" 64'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"806'-0"60'-0"60'-0"60'-0"60'-0"60'-0"60'-0"50'-0"60'-0"60'-0"60'-0"60'-0"60'-0"820'-0"55'-0"60'-0"60'-0"60'-0"60'-0"60'-0"60'-0"50'-0"60'-0"60'-0"60'-0"60'-0"60'-0"55'-0"1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 1. PAINTED CONCRETE TILT-UP WAREHOUSE / OFFICE / MANUFACTURING FACILITY. 2. PRIMARY ENTRANCE. 3. PAINTED 9' X 10' DOCK HIGH METAL TRUCK DOORS. 4. PAINTED 12' X 14' GRADE LEVEL METAL TRUCK DOORS. 5. PAINTED 3' X 7' METAL ACCESS MAN DOORS. 6. STRUCTURAL BUILDING COLUMN. 7. STOREFRONT: GLAZING SET IN CLEAR ANODIZED ALUMINUM 2" X 4 1/4" MIN. OFF-SET GLAZING SYSTEM. KEYNOTES 000 CONSTRUCTION NOTES: 1. BUILDING WALLS ARE PAINTED TILT-UP CONCRETE. TYPICAL PARAPET HEIGHT IS 42'-0" TO 50'-0". 2. BUILDING IS PROPOSED AS WAREHOUSE AND OFFICE ELECTRICAL ROOM POTENTIAL OFFICE AREA PROPOSED BUILDING TYPE III-B FULLY SPRINKLERED B / S1 / F1 OCCUPANCY 1 92 DOCK POSITIONS 92 DOCK POSITIONS 2 2 3 43 3 43 5 5 5 5 6 7 7 7 7RP UPRP UPA 1A2-2 B 1A2-2 0'20'100'50'200' A.1 O.9 48'-0"48'-0"4 4RP UPRP UP7 C 1A2-2 POTENTIAL OFFICE AREA POTENTIAL OFFICE AREA SHEET: SHEET TITLE RGA, OFFICE OF ARCHITECTURAL DESIGN COPYRIGHT CHK'D BY: DRAWN BY: CAD FILE NAME: OWNER PROJECT NO: RGA PROJECT NO: MARK DESCRIPTIONDATE SD CONSULTANT PROFESSIONAL SEALS RGA Office of Architectural Design 15231 Alton Parkway, Suite 100 Irvine, CA 92618 T 949-341-0920 FX 949-341-0922 SD SD CS DR 00000.00 19134-01-1A2-2P 19134.01 11/1/19 SCHEMATIC DESIGN BRIDGE POINT RANCHO CUCAMONGA 12434 4TH STREET CITY OF RANCHO CUCAMONGA, CALIFORNIA BRIDGE POINT RANCHO CUCAMONGA, LLC 11100 SANTA MONICA BLVD., SUITE 700 LOS ANGELES, CA 90025 TEL: 213-805-6667 CONTACT: BRENDAN KOLTER bkotler@bridgedev.com OWNER: APPLICANT: BRIDGE POINT RANCHO CUCAMONGA, LLC 11100 SANTA MONICA BLVD., SUITE 700 LOS ANGELES, CA 90025 TEL: 213-805-6667 CONTACT: BRENDAN KOLTER bkotler@bridgedev.com 1/8/20 PLANNING RESUBMITTAL 4/10/20 PLANNING RESUBMITTAL PARTIAL ENLARGED FLOOR PLANS BUILDING 1 1A2-2P DRC 2020-00202 SD 8/25/20 PLANNING RESUBMITTAL SD 1/15/21 PLANNING RESUBMITTAL ENLARGED SOUTHWEST FLOOR PLAN - BUILDING 1 SCALE: 1" = 20'-0" ELECTRICAL ROOM RAMP UPWAREHOUSE AREA ENLARGED SOUTHEAST FLOOR PLAN - BUILDING 1 SCALE: 1" = 20'-0" WAREHOUSE AREA A B 3 4 6"X6" CURB6"X6" CURB6"X6" CURB7'-4" CLR.7'-4" CLR.5'-0" CLR. 28'-6" 3'-0"2'-8"7'-8"7'-8"8'-0" TRASH ENCLOSURE WALLSTRASH ENCLOSURE PLAN VIEW SCALE: 1/4" = 1'-0" 18"6"X6" CURB5'-0" CLR.8'-0" TRASH ENCLOSURE WALLS3'-0"2'-8"14'-0"TRASH ENCLOSURE FRONT ELEVATION SCALE: 1/4" = 1'-0" PAINTED METAL GATE - 3" X 3" X 3/8" ANGLE FRAME WITH 16 GA. CORRUGATED PANEL - PROVIDE CROSS BRACE AS SHOWN CONCRETE TILT-UP WALL - SEE STRUCTURAL DRAWINGS 8'-0"4"2"6"3'-0"3'-0"6"5"1"40" A.F.F.2 7 7 RAMP UP3 4 ENLARGED NORTHEAST FLOOR PLAN - BUILDING 1 SCALE: 1" = 20'-0"C WAREHOUSE AREA NOTE: TOTAL OFFICE AREA NOT TO EXCEED 25,000 SF C POTENTIAL OFFICE AREA POTENTIAL OFFICE AREA POTENTIAL OFFICE AREA W/ MEZZANINE SHEET: SHEET TITLE RGA, OFFICE OF ARCHITECTURAL DESIGN COPYRIGHT CHK'D BY: DRAWN BY: CAD FILE NAME: OWNER PROJECT NO: RGA PROJECT NO: MARK DESCRIPTIONDATE SD CONSULTANT PROFESSIONAL SEALS RGA Office of Architectural Design 15231 Alton Parkway, Suite 100 Irvine, CA 92618 T 949-341-0920 FX 949-341-0922 ROOF PLANS BUILDING 1 CS DR 00000.00 1A2-3P 19134-01-1A2-3P 19134.01 11/1/19 SCHEMATIC DESIGN BRIDGE POINT RANCHO CUCAMONGA 12434 4TH STREET CITY OF RANCHO CUCAMONGA, CALIFORNIA BRIDGE POINT RANCHO CUCAMONGA, LLC 11100 SANTA MONICA BLVD., SUITE 700 LOS ANGELES, CA 90025 TEL: 213-805-6667 CONTACT: BRENDAN KOLTER bkotler@bridgedev.com OWNER: APPLICANT: BRIDGE POINT RANCHO CUCAMONGA, LLC 11100 SANTA MONICA BLVD., SUITE 700 LOS ANGELES, CA 90025 TEL: 213-805-6667 CONTACT: BRENDAN KOLTER bkotler@bridgedev.com SD 1/8/20 PLANNING RESUBMITTAL SD 4/10/20 PLANNING RESUBMITTAL DRC 2020-00202 SD 8/25/20 PLANNING RESUBMITTAL SD 1/15/21 PLANNING RESUBMITTAL RIDGELINE RIDGELINE RIDGELINE APPROX. LAYOUT FOR REQUIRED LOW-PROFILE WAREHOUSE EXHAUST FANS APPROX. 4 FT. HEIGHT - ALL UNITS SHALL BE SCREENED BY LINE OF SIGHT FROM BUILDING PARAPETS APPROX. LAYOUT FOR REQUIRED LOW-PROFILE WAREHOUSE EXHAUST FANS APPROX. 4 FT. HEIGHT - ALL UNITS SHALL BE SCREENED BY LINE OF SIGHT FROM BUILDING PARAPETS MECHANICAL ZONE (UNITS SHALL BE SCREENED FROM VIEW BY HEIGHTENED PARAPET WALLS) MECHANICAL ZONE (UNITS SHALL BE SCREENED FROM VIEW BY HEIGHTENED PARAPET WALLS) ROOF PLAN - BUILDING 1 SCALE: 1" = 60'-0" 0'20'100'50'200' PARTIAL ENLARGED ROOF PLAN SCALE: 1" = 30'-0" 0'10'20'100'50' MECHANICAL ZONE (UNITS SHALL BE SCREENED FROM VIEW BY HEIGHTENED PARAPET WALLS) SEE ENLARGED PLAN ABOVE A B C D E F G H J K L M N O P B C D E F G H J K L M N O 1,912'-0" 64'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0" 1,912'-0" 64'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"806'-0"60'-0"60'-0"60'-0"60'-0"60'-0"60'-0"50'-0"60'-0"60'-0"60'-0"60'-0"60'-0"820'-0"55'-0"60'-0"60'-0"60'-0"60'-0"60'-0"60'-0"50'-0"60'-0"60'-0"60'-0"60'-0"60'-0"55'-0"1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 A.1 O.9 48'-0"48'-0"MECHANICAL ZONE (UNITS SHALL BE SCREENED FROM VIEW BY HEIGHTENED PARAPET WALLS) 8'-0"13"6'-3"8"TYPICAL TUBE STEEL FENCE ELEVATION SCALE: 1/4" = 1'-0" TUBE STEL FENCE PER DETAIL, BLACK IN COLOR SIMILAR SITE LIGHTING STYLE SCALE: N.T.S.1MAX TOP OF LIGHT AT 25'-0" TYPICAL EQUIPMENT SCREEN LINE OF SIGHTPROPERTY LINE LINE OF SI G H T SCALE 1" = 30'-0" NOTE: LINE OF SIGHT TAKEN FROM 6'-0" ABOVE FINISH GRADE 2 FINISH FLOOR PROPOSED PACKAGE UNIT BUILDING PARAPET HEIGHT TILT-UP BUILDING CL. OF 4TH STREET42'T.O.P. 60'34'17'26'17'11' P-1. FIELD COLOR SW 7005 - PURE WHITE P-2. LIGHT ACCENT COLOR SW 7073 - NETWORK GRAY P-3. DARK ACCENT COLOR SW 7076 - CYBERSPACE P-4. ACCENT COLOR SW 6804 - DIGNITY BLUE GL-5. GLASS - PRIMARY WINDOW PPG SOLARCOOL PACIFICA FINISH SCHEDULE:RGA Office of Architectural Design 15231 Alton Parkway, Suite 100 Irvine, CA 92618 T 949-341-0920 FX 949-341-0922 SHEET: SHEET TITLE RGA, OFFICE OF ARCHITECTURAL DESIGN COPYRIGHT CHK'D BY: DRAWN BY: CAD FILE NAME: OWNER PROJECT NO: RGA PROJECT NO: MARK DESCRIPTIONDATE SD CONSULTANT PROFESSIONAL SEALS EXTERIOR ELEVATIONS BUILDING 1 CS DR 00000.00 1A3-1P 19134-01-1A3-1P 19134.01 11/1/19 SCHEMATIC DESIGN BRIDGE POINT RANCHO CUCAMONGA, LLC 11100 SANTA MONICA BLVD., SUITE 700 LOS ANGELES, CA 90025 TEL: 213-805-6667 CONTACT: BRENDAN KOLTER bkotler@bridgedev.com OWNER: APPLICANT: BRIDGE POINT RANCHO CUCAMONGA, LLC 11100 SANTA MONICA BLVD., SUITE 700 LOS ANGELES, CA 90025 TEL: 213-805-6667 CONTACT: BRENDAN KOLTER bkotler@bridgedev.com BRIDGE POINT RANCHO CUCAMONGA 12434 4TH STREET CITY OF RANCHO CUCAMONGA, CALIFORNIA SD 1/8/20 PLANNING RESUBMITTAL DRC 2020-00202 4/10/20 PLANNING RESUBMITTALSD SD 8/25/20 PLANNING RESUBMITTAL SD 1/15/21 PLANNING RESUBMITTAL OVERALL SOUTH ELEVATION SCALE: 1" = 30'-0" KEYNOTES 1. PRIMARY STOREFRONT ENTRANCE. 2. PAINTED 12' WIDE X 15' HIGH LEVEL VERTICAL LIFT TRUCK DOOR. 3. PAINTED 9' WIDE X 10' HIGH VERTICAL LIFT TRUCK DOOR. 4. 3' X 7' PAINTED METAL MAN DOOR. 5. 2" WIDE X 3/4" DEEP HORIZONTAL / VERTICAL REVEAL. 6. BLUE GLASS IN CLEAR ALUMINUM STOREFRONT FRAME SYSTEM. 7. PAINTED CONCRETE TILT-UP EXTERIOR WALL CONSTRUCTION. 8. PROPOSED FUTURE TENANT SIGNAGE LOCATION UNDER SEPARATE SIGN PACKAGE. NOT INCLUDED IN THIS SUBMITTAL PACKAGE. 9. 8' HIGH BLACK TUBULAR STEEL ROLLING GATE W/ VIEW OBSCURING PERFORATED MESH - TYP. AT YARD ENTRANCES. 10. TYP. 8' HIGH PAINTED CONCRETE SCREEN WALL ELEVATION W/ ACCENT REVEALS AND PAINTED ACCENTS TO MATCH BUILDING ARCHITECTURE. 11. ALUMINUM METAL PANEL ENTRY CANOPY. 12. ACCENT PAINTED CONCRETE PANEL. 13. INTERIOR ROOF DRAIN. 14. ALUMINUM PANEL CORNICE ASSEMBLY. 15. NOT USED. 16. PAINTED CONCRETE AND STEEL TRELLIS LUNCH CANOPY STRUCTURE. 17. CLEAR ANODIZED ALUMINUM SUNSHADE DEVICE OVER WINDOWS FOR SOLAR CONTROL. OFFICE CORNER - PARTIAL SOUTH ELEVATION - WEST END SCALE: 1/16" = 1'-0" PARTIAL SOUTH ELEVATION - CENTER SCALE: 1/16" = 1'-0" SEE BLOWUP BELOW RIGHTSEE BLOWUP AT BOTTOM OF SHEET 46'-0"50'-0"41'-0"46'-0"41'-0"46'-0"50'-0"00 S I G N A G E S I G N A G E S I G N A G E SEE BLOWUP BELOW LEFT S I G N A G E OFFICE CORNER - PARTIAL SOUTH ELEVATION - EAST END SCALE: 1/16" = 1'-0" 11 9 109 88 11111111 1111 44 666 6 55 4 6 54 66 2'-0"41'-0"46'-0"2'-0"8'-0"8'-0"12141214 16 12 1717 41'-0"46'-0"10 16 RGA Office of Architectural Design 15231 Alton Parkway, Suite 100 Irvine, CA 92618 T 949-341-0920 FX 949-341-0922 SHEET: SHEET TITLE RGA, OFFICE OF ARCHITECTURAL DESIGN COPYRIGHT CHK'D BY: DRAWN BY: CAD FILE NAME: OWNER PROJECT NO: RGA PROJECT NO: MARK DESCRIPTIONDATE SD CONSULTANT PROFESSIONAL SEALS EXTERIOR ELEVATIONS BUILDING 1 CS DR 00000.00 1A3-2P 19134-01-1A3-2P 19134.01 11/1/19 SCHEMATIC DESIGN DRC 2020-00202 BRIDGE POINT RANCHO CUCAMONGA, LLC 11100 SANTA MONICA BLVD., SUITE 700 LOS ANGELES, CA 90025 TEL: 213-805-6667 CONTACT: BRENDAN KOLTER bkotler@bridgedev.com OWNER: APPLICANT: BRIDGE POINT RANCHO CUCAMONGA, LLC 11100 SANTA MONICA BLVD., SUITE 700 LOS ANGELES, CA 90025 TEL: 213-805-6667 CONTACT: BRENDAN KOLTER bkotler@bridgedev.com BRIDGE POINT RANCHO CUCAMONGA 12434 4TH STREET CITY OF RANCHO CUCAMONGA, CALIFORNIA SD 1/8/20 PLANNING RESUBMITTAL 4/10/20 PLANNING RESUBMITTALSD SD 8/25/20 PLANNING RESUBMITTAL SD 1/15/21 PLANNING RESUBMITTAL OVERALL WEST ELEVATION (EAST ELEVATION IS SIMILAR / REVERSED) SCALE: 1" = 60'-0" PARTIAL ENLARGED WEST ELEVATION - NORTH END SCALE: 1/16" = 1'-0" PARTIAL ENLARGED WEST ELEVATION - SOUTH END SCALE: 1/16" = 1'-0" OVERALL NORTH ELEVATION SCALE: 1" = 30'-0" SEE BLOWUP BOTTOM SHEETSEE BLOWUP BELOW 42'-0"2'-0"40'-0"40'-0"41'-0"46'-0"42'46'42'-0"50'-0"4 13 1366 6 3 3 3 2 13 5 5 64 44 66 6 11 11 SEE BLOWUP BELOW PARTIAL ENLARGED NORTH ELEVATION 6 4 4'-0"4'4'50'-0"SCALE: 1/16" = 1'-0" 121417 2 5 6 6 14 46'-0"6 RGA Office of Architectural Design 15231 Alton Parkway, Suite 100 Irvine, CA 92618 T 949-341-0920 FX 949-341-0922 SHEET: SHEET TITLE RGA, OFFICE OF ARCHITECTURAL DESIGN COPYRIGHT CHK'D BY: DRAWN BY: CAD FILE NAME: OWNER PROJECT NO: RGA PROJECT NO: MARK DESCRIPTIONDATE SD CONSULTANT PROFESSIONAL SEALS EXTERIOR MODEL IMAGES BUILDING 1 CS DR 00000.00 1A3-3P 19134-01-1A3-3P 19134.01 11/1/19 SCHEMATIC DESIGN BRIDGE POINT RANCHO CUCAMONGA 12434 4TH STREET CITY OF RANCHO CUCAMONGA, CALIFORNIA DRC 2019-00880 SD 1/8/20 PLANNING RESUBMITTAL BRIDGE POINT RANCHO CUCAMONGA, LLC 1600 E. FRANKLIN AVENUE, SUITE D EL SEGUNDO, CA 90024 TEL: 818-674-6770 CONTACT: BRENDAN KOLTER bkotler@bridgedev.com OWNER: APPLICANT: BRIDGE DEVELOPMENT PARTNERS, LLC 1600 E. FRANKLIN AVENUE, SUITE D EL SEGUNDO, CA 90024 TEL: 818-674-6770 CONTACT: BRENDAN KOLTER bkotler@bridgedev.com 4/10/20 PLANNING RESUBMITTALSD SD 8/25/20 PLANNING RESUBMITTAL BUILDING 1 - STREET VIEW FROM SOUTHWEST CORNER AT 4TH STREET BUILDING 1 - BUILDING CORNER VIEW FROM SOUTHEAST CORNER AT MAIN ENTRANCE SHEET: SHEET TITLE RGA, OFFICE OF ARCHITECTURAL DESIGN COPYRIGHT CHK'D BY: DRAWN BY: CAD FILE NAME: OWNER PROJECT NO: RGA PROJECT NO: MARK DESCRIPTIONDATE SD CONSULTANT PROFESSIONAL SEALS RGA Office of Architectural Design 15231 Alton Parkway, Suite 100 Irvine, CA 92618 T 949-341-0920 FX 949-341-0922 FLOOR PLAN BUILDING 2 CS DR 00000.00 2A2-1P 19134-01-2A2-1P 19134.01 11/1/19 SCHEMATIC DESIGN BRIDGE POINT RANCHO CUCAMONGA XXXX 6TH STREET CITY OF RANCHO CUCAMONGA, CALIFORNIA BRIDGE POINT RANCHO CUCAMONGA, LLC 11100 SANTA MONICA BLVD., SUITE 700 LOS ANGELES, CA 90025 TEL: 213-805-6667 CONTACT: BRENDAN KOLTER bkotler@bridgedev.com OWNER: APPLICANT: BRIDGE POINT RANCHO CUCAMONGA, LLC 11100 SANTA MONICA BLVD., SUITE 700 LOS ANGELES, CA 90025 TEL: 213-805-6667 CONTACT: BRENDAN KOLTER bkotler@bridgedev.com SD 1/8/20 PLANNING RESUBMITTAL SD 4/10/20 PLANNING RESUBMITTAL DRC 2020-00202 SD 8/25/20 PLANNING RESUBMITTAL SD 1/15/21 PLANNING RESUBMITTAL FLOOR PLAN - BUILDING 2 SCALE: 1" = 40'-0" 1. PAINTED CONCRETE TILT-UP WAREHOUSE / OFFICE / MANUFACTURING FACILITY. 2. PRIMARY ENTRANCE. 3. PAINTED 9' X 10' DOCK HIGH METAL TRUCK DOORS. 4. PAINTED 12' X 14' GRADE LEVEL METAL TRUCK DOORS. 5. PAINTED 3' X 7' METAL ACCESS MAN DOORS. 6. STRUCTURAL BUILDING COLUMN. 7. STOREFRONT: GLAZING SET IN CLEAR ANODIZED ALUMINUM 2" X 4 1/4" MIN. OFF-SET GLAZING SYSTEM. KEYNOTES 000 CONSTRUCTION NOTES: 1. BUILDING WALLS ARE PAINTED TILT-UP CONCRETE. TYPICAL PARAPET HEIGHT IS 42'-0" TO 50'-0". 2. BUILDING IS PROPOSED AS WAREHOUSE AND OFFICE 1,046'-0" 56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"38'-0" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 P784'-0"52'-0"1,046'-0" 56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"38'-0" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 A.1 772'-0"60'-0"50'-0"50'-0"50'-0"60'-0"40'-0"O B N C M D L E K F J G H 50'-0"60'-0"60'-0"60'-0"60'-0"60'-0"60'-0"A 60'-0"50'-0"50'-0"50'-0"60'-0"52'-0"O B N C M D L E K F J G H 50'-0"60'-0"60'-0"60'-0"60'-0"60'-0"60'-0"0'10'20'100'50' 2 7 7 51 DOCK DOORS 40 DOCK DOORS 4RP UPRP UP4 53 4 RP UP53 5 5 7 A 2A2-2 B 2A2-2 C 2A2-2 POTENTIAL OFFICE AREA POTENTIAL OFFICE AREA POTENTIAL OFFICE AREA W/ MEZZANINE P 52'-0"ELECTRICAL ROOM SHEET: SHEET TITLE RGA, OFFICE OF ARCHITECTURAL DESIGN COPYRIGHT CHK'D BY: DRAWN BY: CAD FILE NAME: OWNER PROJECT NO: RGA PROJECT NO: MARK DESCRIPTIONDATE SD CONSULTANT PROFESSIONAL SEALS RGA Office of Architectural Design 15231 Alton Parkway, Suite 100 Irvine, CA 92618 T 949-341-0920 FX 949-341-0922 SD SD CS DR 00000.00 19134-01-2A2-2P 19134.01 11/1/19 SCHEMATIC DESIGN BRIDGE POINT RANCHO CUCAMONGA XXXXX 6TH STREET CITY OF RANCHO CUCAMONGA, CALIFORNIA BRIDGE POINT RANCHO CUCAMONGA, LLC 11100 SANTA MONICA BLVD., SUITE 700 LOS ANGELES, CA 90025 TEL: 213-805-6667 CONTACT: BRENDAN KOLTER bkotler@bridgedev.com OWNER: APPLICANT: BRIDGE POINT RANCHO CUCAMONGA, LLC 11100 SANTA MONICA BLVD., SUITE 700 LOS ANGELES, CA 90025 TEL: 213-805-6667 CONTACT: BRENDAN KOLTER bkotler@bridgedev.com 1/8/20 PLANNING RESUBMITTAL 4/10/20 PLANNING RESUBMITTAL PARTIAL ENLARGED FLOOR PLANS BUILDING 2 2A2-2P DRC 2019-00880 SD 8/25/20 PLANNING RESUBMITTAL SD 1/15/21 PLANNING RESUBMITTALELECTRICAL ROOMRAMP UPWAREHOUSE AREA 2 3 4 7 ENLARGED SOUTHEAST FLOOR PLAN - BUILDING 2 SCALE: 1" = 20'-0" ENLARGED NORTHEAST FLOOR PLAN - BUILDING 2 SCALE: 1" = 20'-0"A B6"X6" CURB6"X6" CURB6"X6" CURB7'-4" CLR.7'-4" CLR.5'-0" CLR. 28'-6" 3'-0"2'-8"7'-8"7'-8"8'-0" TRASH ENCLOSURE WALLSTRASH ENCLOSURE PLAN VIEW SCALE: 1/4" = 1'-0" 18"6"X6" CURB5'-0" CLR.8'-0" TRASH ENCLOSURE WALLS3'-0"2'-8"14'-0"TRASH ENCLOSURE FRONT ELEVATION SCALE: 1/4" = 1'-0" PAINTED METAL GATE - 3" X 3" X 3/8" ANGLE FRAME WITH 16 GA. CORRUGATED PANEL - PROVIDE CROSS BRACE AS SHOWN CONCRETE TILT-UP WALL - SEE STRUCTURAL DRAWINGS 8'-0"4"2"6"3'-0"3'-0"6"5"1"40" A.F.F.RAMP UP3 4 7 7 7 WAREHOUSE AREA NOTE: TOTAL OFFICE AREA NOT TO EXCEED 16,000 SF ENLARGED NORTHWEST FLOOR PLAN - BUILDING 2 SCALE: 1" = 20'-0"C WAREHOUSE AREA RAMP UP34 7 7 5 5 POTENTIAL OFFICE AREA POTENTIAL OFFICE AREA POTENTIAL OFFICE AREA W/ MEZZANINE SHEET: SHEET TITLE RGA, OFFICE OF ARCHITECTURAL DESIGN COPYRIGHT CHK'D BY: DRAWN BY: CAD FILE NAME: OWNER PROJECT NO: RGA PROJECT NO: MARK DESCRIPTIONDATE SD CONSULTANT PROFESSIONAL SEALS RGA Office of Architectural Design 15231 Alton Parkway, Suite 100 Irvine, CA 92618 T 949-341-0920 FX 949-341-0922 ROOF PLAN BUILDING 2 CS DR 00000.00 2A2-3P 19134-01-2A2-3P 19134.01 11/1/19 SCHEMATIC DESIGN BRIDGE POINT RANCHO CUCAMONGA XXXX 6TH STREET CITY OF RANCHO CUCAMONGA, CALIFORNIA BRIDGE POINT RANCHO CUCAMONGA, LLC 11100 SANTA MONICA BLVD., SUITE 700 LOS ANGELES, CA 90025 TEL: 213-805-6667 CONTACT: BRENDAN KOLTER bkotler@bridgedev.com OWNER: APPLICANT: BRIDGE POINT RANCHO CUCAMONGA, LLC 11100 SANTA MONICA BLVD., SUITE 700 LOS ANGELES, CA 90025 TEL: 213-805-6667 CONTACT: BRENDAN KOLTER bkotler@bridgedev.com SD 1/8/20 PLANNING RESUBMITTAL SD 4/10/20 PLANNING RESUBMITTAL DRC 2020-00202 SD 8/25/20 PLANNING RESUBMITTAL SD 1/15/21 PLANNING RESUBMITTAL RIDGELINE APPROX. LAYOUT FOR REQUIRED LOW-PROFILE WAREHOUSE EXHAUST FANS APPROX. 4 FT. HEIGHT - ALL UNITS SHALL BE SCREENED BY LINE OF SIGHT FROM BUILDING PARAPETS MECHANICAL ZONE (UNITS SHALL BE SCREENED FROM VIEW BY HEIGHTENED PARAPET WALLS) RIDGELINE 1,046'-0" 56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"38'-0" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 P784'-0"52'-0"1,046'-0" 56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"56'-0"38'-0" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 A.1 772'-0"60'-0"50'-0"50'-0"50'-0"60'-0"40'-0"O B N C M D L E K F J G H 50'-0"60'-0"60'-0"60'-0"60'-0"60'-0"60'-0"A 60'-0"50'-0"50'-0"50'-0"60'-0"52'-0"O B N C M D L E K F J G H 50'-0"60'-0"60'-0"60'-0"60'-0"60'-0"60'-0"ROOF PLAN - BUILDING 2 SCALE: 1" = 40'-0" 0'10'20'100'50' MECHANICAL ZONE (UNITS SHALL BE SCREENED FROM VIEW BY HEIGHTENED PARAPET WALLS) RIDGELINE MECHANICAL ZONE (UNITS SHALL BE SCREENED FROM VIEW BY HEIGHTENED PARAPET WALLS) P 52'-0" 8'-0"13"6'-3"8"TYPICAL TUBE STEEL FENCE ELEVATION SCALE: 1/4" = 1'-0" TUBE STEL FENCE PER DETAIL, BLACK IN COLOR SIMILAR SITE LIGHTING STYLE SCALE: N.T.S.1MAX TOP OF LIGHT AT 25'-0" TYPICAL EQUIPMENT SCREEN LINE OF SIGHTPROPERTY LINE LINE OF SI G H T SCALE 1" = 30'-0" NOTE: LINE OF SIGHT TAKEN FROM 6'-0" ABOVE FINISH GRADE 2 FINISH FLOOR PROPOSED PACKAGE UNIT BUILDING PARAPET HEIGHT TILT-UP BUILDING CL. OF 4TH STREET42'T.O.P. 60'34'17'26'17'11' P-1. FIELD COLOR SW 7005 - PURE WHITE P-2. LIGHT ACCENT COLOR SW 7073 - NETWORK GRAY P-3. DARK ACCENT COLOR SW 7076 - CYBERSPACE P-4. ACCENT COLOR SW 6804 - DIGNITY BLUE GL-5. GLASS - PRIMARY WINDOW PPG SOLARCOOL PACIFICA FINISH SCHEDULE:RGA Office of Architectural Design 15231 Alton Parkway, Suite 100 Irvine, CA 92618 T 949-341-0920 FX 949-341-0922 SHEET: SHEET TITLE RGA, OFFICE OF ARCHITECTURAL DESIGN COPYRIGHT CHK'D BY: DRAWN BY: CAD FILE NAME: OWNER PROJECT NO: RGA PROJECT NO: MARK DESCRIPTIONDATE SD CONSULTANT PROFESSIONAL SEALS EXTERIOR ELEVATIONS BUILDING 2 CS DR 00000.00 2A3-1P 19134-01-2A3-1P 19134.01 11/1/19 SCHEMATIC DESIGN BRIDGE POINT RANCHO CUCAMONGA, LLC 11100 SANTA MONICA BLVD., SUITE 700 LOS ANGELES, CA 90025 TEL: 213-805-6667 CONTACT: BRENDAN KOLTER bkotler@bridgedev.com OWNER: APPLICANT: BRIDGE POINT RANCHO CUCAMONGA, LLC 11100 SANTA MONICA BLVD., SUITE 700 LOS ANGELES, CA 90025 TEL: 213-805-6667 CONTACT: BRENDAN KOLTER bkotler@bridgedev.com BRIDGE POINT RANCHO CUCAMONGA XXXXX 6TH STREET CITY OF RANCHO CUCAMONGA, CALIFORNIA SD 1/8/20 PLANNING RESUBMITTAL DRC 2020-00202 4/10/20 PLANNING RESUBMITTALSD SD 8/25/20 PLANNING RESUBMITTAL SD 1/15/21 PLANNING RESUBMITTAL OVERALL SOUTH ELEVATION SCALE: 1" = 40'-0" KEYNOTES PARTIAL SOUTH ELEVATION - WEST END SCALE: 1/16" = 1'-0" SEE BLOWUP BELOW RIGHT 41'-0"46'-0"40'-0"00 S I G N A G E S I G N A G E SEE BLOWUP BELOW LEFT OFFICE CORNER - PARTIAL SOUTH ELEVATION - EAST END SCALE: 1/16" = 1'-0" 8 11435542'-0"OVERALL EAST ELEVATION SCALE: 1" = 30'-0"46'-0"44'-0"SEE BLOWUP ON SHEET 2A3-2SEE BLOWUP ON SHEET 2A3-2 13 1. PRIMARY STOREFRONT ENTRANCE. 2. PAINTED 12' WIDE X 15' HIGH LEVEL VERTICAL LIFT TRUCK DOOR. 3. PAINTED 9' WIDE X 10' HIGH VERTICAL LIFT TRUCK DOOR. 4. 3' X 7' PAINTED METAL MAN DOOR. 5. 2" WIDE X 3/4" DEEP HORIZONTAL / VERTICAL REVEAL. 6. BLUE GLASS IN CLEAR ALUMINUM STOREFRONT FRAME SYSTEM. 7. PAINTED CONCRETE TILT-UP EXTERIOR WALL CONSTRUCTION. 8. PROPOSED FUTURE TENANT SIGNAGE LOCATION UNDER SEPARATE SIGN PACKAGE. NOT INCLUDED IN THIS SUBMITTAL PACKAGE. 9. 8' HIGH BLACK TUBULAR STEEL ROLLING GATE W/ VIEW OBSCURING PERFORATED MESH - TYP. AT YARD ENTRANCES. 10. TYP. 8' HIGH PAINTED CONCRETE SCREEN WALL ELEVATION W/ ACCENT REVEALS AND PAINTED ACCENTS TO MATCH BUILDING ARCHITECTURE. 11. ALUMINUM METAL PANEL ENTRY CANOPY. 12. ACCENT PAINTED CONCRETE PANEL. 13. INTERIOR ROOF DRAIN. 14. ALUMINUM PANEL CORNICE ASSEMBLY. 15. CLEAR ANODIZED ALUMINUM SUNSHADE DEVICE OVER WINDOWS FOR SOLAR CONTROL. 141215 4 13 2'-0" RGA Office of Architectural Design 15231 Alton Parkway, Suite 100 Irvine, CA 92618 T 949-341-0920 FX 949-341-0922 SHEET: SHEET TITLE RGA, OFFICE OF ARCHITECTURAL DESIGN COPYRIGHT CHK'D BY: DRAWN BY: CAD FILE NAME: OWNER PROJECT NO: RGA PROJECT NO: MARK DESCRIPTIONDATE SD CONSULTANT PROFESSIONAL SEALS EXTERIOR ELEVATIONS BUILDING 2 CS DR 00000.00 2A3-2P 19134-01-2A3-2P 19134.01 11/1/19 SCHEMATIC DESIGN BRIDGE POINT RANCHO CUCAMONGA, LLC 11100 SANTA MONICA BLVD., SUITE 700 LOS ANGELES, CA 90025 TEL: 213-805-6667 CONTACT: BRENDAN KOLTER bkotler@bridgedev.com OWNER: APPLICANT: BRIDGE POINT RANCHO CUCAMONGA, LLC 11100 SANTA MONICA BLVD., SUITE 700 LOS ANGELES, CA 90025 TEL: 213-805-6667 CONTACT: BRENDAN KOLTER bkotler@bridgedev.com BRIDGE POINT RANCHO CUCAMONGA XXXXX 6TH STREET CITY OF RANCHO CUCAMONGA, CALIFORNIA SD 1/8/20 PLANNING RESUBMITTAL DRC 2020-00202 4/10/20 PLANNING RESUBMITTALSD SD 8/25/20 PLANNING RESUBMITTAL SD 1/15/21 PLANNING RESUBMITTAL OVERALL NORTH ELEVATION SCALE: 1" = 40'-0" OFFICE CORNER - PARTIAL EAST ELEVATION - SOUTH END SCALE: 1/16" = 1'-0"44'-0"46'-0"S I G N A G E SEE BLOWUP BELOW S I G N A G E OFFICE CORNER - PARTIAL EAST ELEVATION - NORTH END SCALE: 1/16" = 1'-0" 11 910910 88 1171174 666 6 55 2'-0"44'-0"2'-0"OVERALL WEST ELEVATION SCALE: 1" = 30'-0"8'-0"41'-0"OFFICE CORNER - PARTIAL NORTH ELEVATION - WEST END SCALE: 1/16" = 1'-0" 11 4 66 541'-0"46'-0"4'-0"40'-0"2'-0"4 2 37 13 14 14 14 15 15 1541'-0"12 2'-0"41'-0"44'-0"42'-0"44'-0"41'-0"S I G N A G E 8 13 50'-0"44'-0" RGA Office of Architectural Design 15231 Alton Parkway, Suite 100 Irvine, CA 92618 T 949-341-0920 FX 949-341-0922 SHEET: SHEET TITLE RGA, OFFICE OF ARCHITECTURAL DESIGN COPYRIGHT CHK'D BY: DRAWN BY: CAD FILE NAME: OWNER PROJECT NO: RGA PROJECT NO: MARK DESCRIPTIONDATE SD CONSULTANT PROFESSIONAL SEALS EXTERIOR MODEL IMAGES BUILDING 2 CS DR 00000.00 2A3-3P 19134-01-2A3-3P 19134.01 11/1/19 SCHEMATIC DESIGN BRIDGE POINT RANCHO CUCAMONGA 12434 4TH STREET CITY OF RANCHO CUCAMONGA, CALIFORNIA DRC 2020-00202 SD 1/8/20 PLANNING RESUBMITTAL BRIDGE POINT RANCHO CUCAMONGA, LLC 11100 SANTA MONICA BLVD., SUITE 700 LOS ANGELES, CA 90025 TEL: 213-805-6667 CONTACT: BRENDAN KOLTER bkotler@bridgedev.com OWNER: APPLICANT: BRIDGE POINT RANCHO CUCAMONGA, LLC 11100 SANTA MONICA BLVD., SUITE 700 LOS ANGELES, CA 90025 TEL: 213-805-6667 CONTACT: BRENDAN KOLTER bkotler@bridgedev.com 4/10/20 PLANNING RESUBMITTALSD SD 8/25/20 PLANNING RESUBMITTAL BUILDING 2 - STREET VIEW FROM NORTHEAST CORNER AT 6TH STREET BUILDING 2 - BUILDING CORNER VIEW FROM NORTHEAST CORNER AT MAIN ENTRANCE 12434 4TH STREETCITY OF RANCHO CUCAMONGA,CALIFORNIASHEET:SHEET TITLERGA, OFFICE OF ARCHITECTURAL DESIGNCOPYRIGHTCHK'D BY:DRAWN BY:CAD FILE NAME:K2M PROJECT NO:OWNER PROJECT NO:MARKDESCRIPTIONDATECONSULTANTPROFESSIONAL SEALS20001RGA PROJECT NO:19134.01BRIDGE POINTRANCHO CUCAMONGA00000.00KMKM10 HUGHES, SUITE A203, IRVINE, CA 92618O: 949-419-9908 F: 949-419-9870PROJECT NAMEBRIDGE POINT RANCHO CUCAMONGA, LLC11100 SANTA MONICA BLVD., SUITE 700LOS ANGELES, CA 90025TEL: 213-805-6667CONTACT: BRENDAN KOLTERbkotler@bridgedev.comOWNER:APPLICANT:BRIDGE POINT RANCHO CUCAMONGA, LLC11100 SANTA MONICA BLVD., SUITE 700LOS ANGELES, CA 90025TEL: 213-805-6667CONTACT: BRENDAN KOLTERbkotler@bridgedev.comNOT FOR CONSTRUCTION1/8/20REVISED PLANNING SET4/12/20REVISED PLANNING SET8/7/20REVISED PLANNING SET12/11/20REVISED PLANNING SET01/05/21REVISED PLANNING SETSL120001SL1SITE LIGHTING OVERALL PLANASL2ASL3ASL4ASL5SITE LIGHTING OVERALL PLANSCALE: 1"=100'A30"24" MIN.A.C. SURFACEBASESLOPE TO DRAIN 22.5 FT SQUARESTRAIGHT STEEL25 FTPOLE BASE24"GENERAL NOTES:1.PROVIDE 30" CLEAR POLE BASE ABOVEFINISHED GRADE OR AS DIRECTED BYARCHITECT.2.PROVIDE 24" DIAMETER SANDBLASTEDSMOOTH CONCRETE POLE BASE WITH 1"CHAMFER FULL CIRCUMFERENCE.3.POLE BASE SHALL BE DESIGNED BY ASTRUCTURAL PROFESSIONAL LICENSEDENGINEER IN THE STATE OF THE PROJECT.4.POLE ANCHORED TO BASE WITH FACTORYANCHOR BOLTS.5.ALL POLES SHALL BE LOCATED INSIDE THEPROPERTY LINE AND AT LEAST 3' FROMCURBS. AVOID ALL OBSTRUCTIONS,EXCEPT AT PROPERTY LINES WITH OTHERBUILDINGS.CAR LOT POLE BASE DETAILPB30N.T.S.SCALEPROVIDE HAND HOLEWITH GROUND LUGANCHOR BOLTS NUMBERAND PATTERN PERMANUFACTURE DATA1"x45 DEGREECHAMFER ATTOP EDGEREBAR PER STRUCTURALENGINEER DRAWINGSBRANCHCIRCUITCONDUITS54"24" MIN.A.C. SURFACEBASESLOPE TO DRAIN 25 FTPOLE BASE24"GENERAL NOTES:1.PROVIDE 54" CLEAR POLE BASE ABOVEFINISHED GRADE OR AS DIRECTED BYARCHITECT2.PROVIDE 24" DIAMETER SANDBLASTEDSMOOTH CONCRETE POLE BASE WITH 1"CHAMFER FULL CIRCUMFERENCE.3.POLE BASE SHALL BE DESIGNED BY ASTRUCTURAL PROFESSIONAL LICENSEDENGINEER IN THE STATE OF THE PROJECT.4.POLE ANCHORED TO BASE WITH FACTORYANCHOR BOLTS.5.ALL POLES SHALL BE LOCATED INSIDE THEPROPERTY LINE AND AT LEAST 3' FROMCURBS. AVOID ALL OBSTRUCTIONS,EXCEPT AT PROPERTY LINES WITH OTHERBUILDINGS.TRUCK LOT POLE BASE DETAILPB54N.T.S.SCALEPROVIDE HAND HOLEWITH GROUND LUGANCHOR BOLTS NUMBERAND PATTERN PERMANUFACTURE DATA1"x45 DEGREECHAMFER ATTOP EDGEREBAR PER STRUCTURALENGINEER DRAWINGSBRANCHCIRCUITCONDUITS20.5 FT SQUARESTRAIGHT STEELASL6ASL7StatisticsDescriptionSymbolAvgMaxMinMax/MinAvg/MinBldg 1 East Truck Area1.6 fc3.7 fc0.1 fc37.0:116.0:1Bldg 1 North Auto Parking2.1 fc3.2 fc0.5 fc6.4:14.2:1Bldg 1 North East Auto Parking2.2 fc3.6 fc1.2 fc3.0:11.8:1Bldg 1 North East Drive2.3 fc3.3 fc0.9 fc3.7:12.6:1Bldg 1 North West Auto Parking2.3 fc3.4 fc1.3 fc2.6:11.8:1Bldg 1 SE WALK2.1 fc3.1 fc1.1 fc2.8:11.9:1Bldg 1 South East Entrance2.0 fc3.8 fc0.8 fc4.8:12.5:1Bldg 1 South East Parking2.0 fc3.8 fc0.4 fc9.5:15.0:1Bldg 1 South Parking2.3 fc3.8 fc0.3 fc12.7:17.7:1Bldg 1 South West Auto Parking2.0 fc3.6 fc0.6 fc6.0:13.3:1Bldg 1 SW WALK1.9 fc2.9 fc1.0 fc2.9:11.9:1Bldg 1 West Truck Area1.8 fc3.5 fc0.6 fc5.8:13.0:1Bldg 2 East Auto Parking2.2 fc3.1 fc1.1 fc2.8:12.0:1Bldg 2 North East Auto Parking2.2 fc3.5 fc1.0 fc3.5:12.2:1Bldg 2 North East Drive2.4 fc3.0 fc1.6 fc1.9:11.5:1Bldg 2 North East Entrance2.2 fc3.4 fc1.5 fc2.3:11.5:1Bldg 2 North West Auto Parking2.1 fc3.7 fc1.1 fc3.4:11.9:1Bldg 2 South East Auto Parking2.0 fc3.2 fc0.7 fc4.6:12.9:1Bldg 2 South East Drive1.7 fc2.7 fc0.7 fc3.9:12.4:1Bldg 2 South West Auto Parking2.4 fc3.7 fc1.0 fc3.7:12.4:1Bldg 2 Truck Area1.9 fc3.9 fc0.1 fc39.0:119.0:1ScheduleSymbolLabelQTYManufacturerCatalog NumberDescriptionFilenameLLFWattageIII-W3U.S. ARCHITECTURAL LIGHTINGVLL-PLED-III-W-80LED-1050mA-NW MM511 WALL MT AT 25 FT AFGCAST BLACK PAINTED FINNED METAL HOUSING, CAST BLACK PAINTED METAL DRIVER COVER, 4 CIRCUIT BOARDS EACH WITH 20 LEDS, 1 CLEAR PLASTIC OPTIC BELOW EACH LED, 1 FORMED SEMI-SPECULAR METAL OPTIC MOUNTING PLATE BELOW EACH CIRCUIT BOARD.VLL-PLED-III-W-80LED-1050mA-NW.ies0.9256.4IVFT-HS64U.S. ARCHITECTURAL LIGHTINGVLL-PLED-IV-FT-80LED-1050mA-NW-HS -MM511 POLE MT AT 25 FT AFG B1-U0-G4CAST BLACK PAINTED FINNED METAL HOUSING, CAST BLACK PAINTED METAL DRIVER COVER, 4 CIRCUIT BOARDS EACH WITH 20 LEDS, 1 CLEAR PLASTIC OPTIC BELOW EACH LED, 1 MOLDED BLACK PLASTIC HOUSE SIDE SHIELD BELOW EACH OPTIC, 1 FORMED SEMI-SPECULAR METAL OPTIC MOUNTING PLATE BELOW EACH CIRCUIT BOARD.VLL-PLED-IV-FT-80LED-1050mA-NW-HS.ies0.9256.4IVFT-HS-Wall55U.S. ARCHITECTURAL LIGHTINGVLL-PLED-IV-FT-80LED-1050mA-NW-HS -MM511 WALL MT AT 25 FT AFG B1-U0-G4CAST BLACK PAINTED FINNED METAL HOUSING, CAST BLACK PAINTED METAL DRIVER COVER, 4 CIRCUIT BOARDS EACH WITH 20 LEDS, 1 CLEAR PLASTIC OPTIC BELOW EACH LED, 1 MOLDED BLACK PLASTIC HOUSE SIDE SHIELD BELOW EACH OPTIC, 1 FORMED SEMI-SPECULAR METAL OPTIC MOUNTING PLATE BELOW EACH CIRCUIT BOARD.VLL-PLED-IV-FT-80LED-1050mA-NW-HS.ies0.9256.4IVFT-HS-25U.S. ARCHITECTURAL LIGHTINGVLL-PLED-IV-FT-80LED-1050mA-NW-HS -MM511 POLE MT AT 25 FT AFG 22.5 FT POLE 30 IN BASECAST BLACK PAINTED FINNED METAL HOUSING, CAST BLACK PAINTED METAL DRIVER COVER, 4 CIRCUIT BOARDS EACH WITH 20 LEDS, 1 CLEAR PLASTIC OPTIC BELOW EACH LED, 1 MOLDED BLACK PLASTIC HOUSE SIDE SHIELD BELOW EACH OPTIC, 1 FORMED SEMI-SPECULAR METAL OPTIC MOUNTING PLATE BELOW EACH CIRCUIT BOARD.VLL-PLED-IV-FT-80LED-1050mA-NW-HS.ies0.9512.8VSQW8U.S. ARCHITECTURAL LIGHTINGVLL-PLED-VSQ-W-80LED-1050mA-NW-MM511 POLE MT AT 25 FT AFG 22.5 FT POLE 30 IN BASE B5-U0-G4CAST BLACK PAINTED FINNED METAL HOUSING, CAST BLACK PAINTED METAL DRIVER COVER, 4 CIRCUIT BOARDS EACH WITH 20 LEDS, 1 CLEAR PLASTIC OPTIC BELOW EACH LED, 1 FORMED SEMI-SPECULAR METAL OPTIC MOUNTING PLATE BELOW EACH CIRCUIT BOARD.VLL-PLED-VSQ-W-80LED-1050mA-NW.ies0.9256.4III-HS-700mA1U.S. ARCHITECTURAL LIGHTINGVLL-PLED-III-W-80LED-700mA-NW-HS -MM511 POLE MT AT 25FT AFT B1--U0-G4CAST BLACK PAINTED FINNED METAL HOUSING, CAST BLACK PAINTED METAL DRIVER COVER, 4 CIRCUIT BOARDS EACH WITH 20 LEDS, 1 CLEAR PLASTIC OPTIC BELOW EACH LED, 1 MOLDED BLACK PLASTIC HOUSE SIDE SHIELD BELOW EACH OPTIC, 1 FORMED SEMI-SPECULAR METAL OPTIC MOUNTING PLATE BELOW EACH CIRCUIT BOARD.VLL-PLED-III-W-80LED-700mA-NW-HS.ies0.9173.6WST71Lithonia LightingWST LED P1 40K VF MVOLTWST LED, Performance package 1, 4000 K, visual comfort forward throw, MVOLTWST_LED_P1_40K_VF_MVOLT.ies012WST-PC1Lithonia LightingWST LED P1 40K VF MVOLTWST LED, Performance package 1, 4000 K, visual comfort forward throw, MVOLT, Photocell controlWST_LED_P1_40K_VF_MVOLT.ies0.912WST-W14Lithonia LightingWST LED P1 40K VW MVOLTWST LED, Performance package 1, 4000 K, visual comfort wide, MVOLTWST_LED_P1_40K_VW_MVOLT.ies012UOL34LIGMANUOL-80541-W-W40 30 WattsOle recessed downlight round dia 9.65" HP LEDUOL-80541-W-W40.IES0.6830III-W-HS-700mA-W6U.S. ARCHITECTURAL LIGHTINGVLL-PLED-III-W-80LED-700mA-NW-HS -MM511 Wall MT AT 25FT AFT B1-U0-G4CAST BLACK PAINTED FINNED METAL HOUSING, CAST BLACK PAINTED METAL DRIVER COVER, 4 CIRCUIT BOARDS EACH WITH 20 LEDS, 1 CLEAR PLASTIC OPTIC BELOW EACH LED, 1 MOLDED BLACK PLASTIC HOUSE SIDE SHIELD BELOW EACH OPTIC, 1 FORMED SEMI-SPECULAR METAL OPTIC MOUNTING PLATE BELOW EACH CIRCUIT BOARD.VLL-PLED-III-W-80LED-700mA-NW-HS.ies0.9173.6 12434 4TH STREETCITY OF RANCHO CUCAMONGA,CALIFORNIASHEET:SHEET TITLERGA, OFFICE OF ARCHITECTURAL DESIGNCOPYRIGHTCHK'D BY:DRAWN BY:CAD FILE NAME:K2M PROJECT NO:OWNER PROJECT NO:MARKDESCRIPTIONDATECONSULTANTPROFESSIONAL SEALS20001RGA PROJECT NO:19134.01BRIDGE POINTRANCHO CUCAMONGA00000.00KMKM10 HUGHES, SUITE A203, IRVINE, CA 92618O: 949-419-9908 F: 949-419-9870PROJECT NAMEBRIDGE POINT RANCHO CUCAMONGA, LLC11100 SANTA MONICA BLVD., SUITE 700LOS ANGELES, CA 90025TEL: 213-805-6667CONTACT: BRENDAN KOLTERbkotler@bridgedev.comOWNER:APPLICANT:BRIDGE POINT RANCHO CUCAMONGA, LLC11100 SANTA MONICA BLVD., SUITE 700LOS ANGELES, CA 90025TEL: 213-805-6667CONTACT: BRENDAN KOLTERbkotler@bridgedev.comNOT FOR CONSTRUCTION1/8/20REVISED PLANNING SET4/12/20REVISED PLANNING SET8/7/20REVISED PLANNING SET12/11/20REVISED PLANNING SET01/05/21REVISED PLANNING SETSL220001SL2BUILDING 1NORTH EAST PHOTOMETRICPHOTOMETRIC DISCLAIMER:THIS PHOTOMETRIC STUDY HAS BEEN PERFORMED IN ACCORDANCE WITH IESNASTANDARDS AND INDUSTRY LIGHTING PRACTICES. INPUT DATA FILES ARE PROVIDEDBY THE MANUFACTURER OF SPECIFIED LIGHT FIXTURES. DIFFERENCES MAY OCCURBETWEEN CALCULATIONS AND ACTUAL INSTALLED CONDITIONS DUE TO TESTPROCEDURES, EQUIPMENT PERFORMANCE, MEASUREMENT TECHNIQUES AND FIELDCONDITIONS SUCH AS TEMPERATURE, VOLTAGE AND REFLECTANCE FROM CEILINGS,WALLS AND FLOORS. ARCHITECTURAL ELEMENTS, ROOM SIZES AND MOUNTINGHEIGHTS SIGNIFICANTLY AFFECT THE LIGHTING CALCULATIONS. IF REAL CONDITIONSDIFFER FROM CALCULATED CONDITIONS, LIGHT LEVELS MAY VARY. K2M ENGINEERINGIS NOT RESPONSIBLE FOR THE ACCURACY OF THE MANUFACTURER'S INFORMATION.PB54SL1TYPBUILDING 1 NORTH EAST PHOTOMETRICSCALE: 1"=40'-0"APB30SL1PB30SL1 12434 4TH STREETCITY OF RANCHO CUCAMONGA,CALIFORNIASHEET:SHEET TITLERGA, OFFICE OF ARCHITECTURAL DESIGNCOPYRIGHTCHK'D BY:DRAWN BY:CAD FILE NAME:K2M PROJECT NO:OWNER PROJECT NO:MARKDESCRIPTIONDATECONSULTANTPROFESSIONAL SEALS20001RGA PROJECT NO:19134.01BRIDGE POINTRANCHO CUCAMONGA00000.00KMKM10 HUGHES, SUITE A203, IRVINE, CA 92618O: 949-419-9908 F: 949-419-9870PROJECT NAMEBRIDGE POINT RANCHO CUCAMONGA, LLC11100 SANTA MONICA BLVD., SUITE 700LOS ANGELES, CA 90025TEL: 213-805-6667CONTACT: BRENDAN KOLTERbkotler@bridgedev.comOWNER:APPLICANT:BRIDGE POINT RANCHO CUCAMONGA, LLC11100 SANTA MONICA BLVD., SUITE 700LOS ANGELES, CA 90025TEL: 213-805-6667CONTACT: BRENDAN KOLTERbkotler@bridgedev.comNOT FOR CONSTRUCTION1/8/20REVISED PLANNING SET4/12/20REVISED PLANNING SET8/7/20REVISED PLANNING SET12/11/20REVISED PLANNING SET01/05/21REVISED PLANNING SETSL320001SL3BUILDING 1SOUTH EAST PHOTOMETRICPHOTOMETRIC DISCLAIMER:THIS PHOTOMETRIC STUDY HAS BEEN PERFORMED IN ACCORDANCE WITH IESNASTANDARDS AND INDUSTRY LIGHTING PRACTICES. INPUT DATA FILES ARE PROVIDEDBY THE MANUFACTURER OF SPECIFIED LIGHT FIXTURES. DIFFERENCES MAY OCCURBETWEEN CALCULATIONS AND ACTUAL INSTALLED CONDITIONS DUE TO TESTPROCEDURES, EQUIPMENT PERFORMANCE, MEASUREMENT TECHNIQUES AND FIELDCONDITIONS SUCH AS TEMPERATURE, VOLTAGE AND REFLECTANCE FROM CEILINGS,WALLS AND FLOORS. ARCHITECTURAL ELEMENTS, ROOM SIZES AND MOUNTINGHEIGHTS SIGNIFICANTLY AFFECT THE LIGHTING CALCULATIONS. IF REAL CONDITIONSDIFFER FROM CALCULATED CONDITIONS, LIGHT LEVELS MAY VARY. K2M ENGINEERINGIS NOT RESPONSIBLE FOR THE ACCURACY OF THE MANUFACTURER'S INFORMATION.PB54SL1TYPPB30SL1PB30SL1BUILDING 1 SOUTH EAST PHOTOMETRICSCALE: 1"=40'-0"APB30SL1PB30SL1PB30SL1PB54SL1 12434 4TH STREETCITY OF RANCHO CUCAMONGA,CALIFORNIASHEET:SHEET TITLERGA, OFFICE OF ARCHITECTURAL DESIGNCOPYRIGHTCHK'D BY:DRAWN BY:CAD FILE NAME:K2M PROJECT NO:OWNER PROJECT NO:MARKDESCRIPTIONDATECONSULTANTPROFESSIONAL SEALS20001RGA PROJECT NO:19134.01BRIDGE POINTRANCHO CUCAMONGA00000.00KMKM10 HUGHES, SUITE A203, IRVINE, CA 92618O: 949-419-9908 F: 949-419-9870PROJECT NAMEBRIDGE POINT RANCHO CUCAMONGA, LLC11100 SANTA MONICA BLVD., SUITE 700LOS ANGELES, CA 90025TEL: 213-805-6667CONTACT: BRENDAN KOLTERbkotler@bridgedev.comOWNER:APPLICANT:BRIDGE POINT RANCHO CUCAMONGA, LLC11100 SANTA MONICA BLVD., SUITE 700LOS ANGELES, CA 90025TEL: 213-805-6667CONTACT: BRENDAN KOLTERbkotler@bridgedev.comNOT FOR CONSTRUCTION1/8/20REVISED PLANNING SET4/12/20REVISED PLANNING SET8/7/20REVISED PLANNING SET12/11/20REVISED PLANNING SET01/05/21REVISED PLANNING SETSL420001SL4BUILDING 1NORTH WEST PHOTOMETRICPHOTOMETRIC DISCLAIMER:THIS PHOTOMETRIC STUDY HAS BEEN PERFORMED IN ACCORDANCE WITH IESNASTANDARDS AND INDUSTRY LIGHTING PRACTICES. INPUT DATA FILES ARE PROVIDEDBY THE MANUFACTURER OF SPECIFIED LIGHT FIXTURES. DIFFERENCES MAY OCCURBETWEEN CALCULATIONS AND ACTUAL INSTALLED CONDITIONS DUE TO TESTPROCEDURES, EQUIPMENT PERFORMANCE, MEASUREMENT TECHNIQUES AND FIELDCONDITIONS SUCH AS TEMPERATURE, VOLTAGE AND REFLECTANCE FROM CEILINGS,WALLS AND FLOORS. ARCHITECTURAL ELEMENTS, ROOM SIZES AND MOUNTINGHEIGHTS SIGNIFICANTLY AFFECT THE LIGHTING CALCULATIONS. IF REAL CONDITIONSDIFFER FROM CALCULATED CONDITIONS, LIGHT LEVELS MAY VARY. K2M ENGINEERINGIS NOT RESPONSIBLE FOR THE ACCURACY OF THE MANUFACTURER'S INFORMATION.PB54SL1TYPBUILDING 1 NORTH WEST PHOTOMETRICSCALE: 1"=40'-0"APB30SL1TYP 12434 4TH STREETCITY OF RANCHO CUCAMONGA,CALIFORNIASHEET:SHEET TITLERGA, OFFICE OF ARCHITECTURAL DESIGNCOPYRIGHTCHK'D BY:DRAWN BY:CAD FILE NAME:K2M PROJECT NO:OWNER PROJECT NO:MARKDESCRIPTIONDATECONSULTANTPROFESSIONAL SEALS20001RGA PROJECT NO:19134.01BRIDGE POINTRANCHO CUCAMONGA00000.00KMKM10 HUGHES, SUITE A203, IRVINE, CA 92618O: 949-419-9908 F: 949-419-9870PROJECT NAMEBRIDGE POINT RANCHO CUCAMONGA, LLC11100 SANTA MONICA BLVD., SUITE 700LOS ANGELES, CA 90025TEL: 213-805-6667CONTACT: BRENDAN KOLTERbkotler@bridgedev.comOWNER:APPLICANT:BRIDGE POINT RANCHO CUCAMONGA, LLC11100 SANTA MONICA BLVD., SUITE 700LOS ANGELES, CA 90025TEL: 213-805-6667CONTACT: BRENDAN KOLTERbkotler@bridgedev.comNOT FOR CONSTRUCTION1/8/20REVISED PLANNING SET4/12/20REVISED PLANNING SET8/7/20REVISED PLANNING SET12/11/20REVISED PLANNING SET01/05/21REVISED PLANNING SETSL520001SL5BUILDING 1SOUTH WEST PHOTOMETRICPHOTOMETRIC DISCLAIMER:THIS PHOTOMETRIC STUDY HAS BEEN PERFORMED IN ACCORDANCE WITH IESNASTANDARDS AND INDUSTRY LIGHTING PRACTICES. INPUT DATA FILES ARE PROVIDEDBY THE MANUFACTURER OF SPECIFIED LIGHT FIXTURES. DIFFERENCES MAY OCCURBETWEEN CALCULATIONS AND ACTUAL INSTALLED CONDITIONS DUE TO TESTPROCEDURES, EQUIPMENT PERFORMANCE, MEASUREMENT TECHNIQUES AND FIELDCONDITIONS SUCH AS TEMPERATURE, VOLTAGE AND REFLECTANCE FROM CEILINGS,WALLS AND FLOORS. ARCHITECTURAL ELEMENTS, ROOM SIZES AND MOUNTINGHEIGHTS SIGNIFICANTLY AFFECT THE LIGHTING CALCULATIONS. IF REAL CONDITIONSDIFFER FROM CALCULATED CONDITIONS, LIGHT LEVELS MAY VARY. K2M ENGINEERINGIS NOT RESPONSIBLE FOR THE ACCURACY OF THE MANUFACTURER'S INFORMATION.BUILDING 1 SOUTH WEST PHOTOMETRICSCALE: 1"=40'-0"APB54SL1TYPPB30SL1PB30SL1PB30SL1PB30SL1PB54SL1 12434 4TH STREETCITY OF RANCHO CUCAMONGA,CALIFORNIASHEET:SHEET TITLERGA, OFFICE OF ARCHITECTURAL DESIGNCOPYRIGHTCHK'D BY:DRAWN BY:CAD FILE NAME:K2M PROJECT NO:OWNER PROJECT NO:MARKDESCRIPTIONDATECONSULTANTPROFESSIONAL SEALS20001RGA PROJECT NO:19134.01BRIDGE POINTRANCHO CUCAMONGA00000.00KMKM10 HUGHES, SUITE A203, IRVINE, CA 92618O: 949-419-9908 F: 949-419-9870PROJECT NAMEBRIDGE POINT RANCHO CUCAMONGA, LLC11100 SANTA MONICA BLVD., SUITE 700LOS ANGELES, CA 90025TEL: 213-805-6667CONTACT: BRENDAN KOLTERbkotler@bridgedev.comOWNER:APPLICANT:BRIDGE POINT RANCHO CUCAMONGA, LLC11100 SANTA MONICA BLVD., SUITE 700LOS ANGELES, CA 90025TEL: 213-805-6667CONTACT: BRENDAN KOLTERbkotler@bridgedev.comNOT FOR CONSTRUCTION1/8/20REVISED PLANNING SET4/12/20REVISED PLANNING SET8/7/20REVISED PLANNING SET12/11/20REVISED PLANNING SET01/05/21REVISED PLANNING SETSL620001SL6BUILDING 2EAST PHOTOMETRICPHOTOMETRIC DISCLAIMER:THIS PHOTOMETRIC STUDY HAS BEEN PERFORMED IN ACCORDANCE WITH IESNASTANDARDS AND INDUSTRY LIGHTING PRACTICES. INPUT DATA FILES ARE PROVIDEDBY THE MANUFACTURER OF SPECIFIED LIGHT FIXTURES. DIFFERENCES MAY OCCURBETWEEN CALCULATIONS AND ACTUAL INSTALLED CONDITIONS DUE TO TESTPROCEDURES, EQUIPMENT PERFORMANCE, MEASUREMENT TECHNIQUES AND FIELDCONDITIONS SUCH AS TEMPERATURE, VOLTAGE AND REFLECTANCE FROM CEILINGS,WALLS AND FLOORS. ARCHITECTURAL ELEMENTS, ROOM SIZES AND MOUNTINGHEIGHTS SIGNIFICANTLY AFFECT THE LIGHTING CALCULATIONS. IF REAL CONDITIONSDIFFER FROM CALCULATED CONDITIONS, LIGHT LEVELS MAY VARY. K2M ENGINEERINGIS NOT RESPONSIBLE FOR THE ACCURACY OF THE MANUFACTURER'S INFORMATION.PB54SL1TYPBUILDING 2 EAST PHOTOMETRICSCALE: 1"=40'-0"APB54SL1TYPPB30SL1 TYPPB30SL1PB30SL1TYP 12434 4TH STREETCITY OF RANCHO CUCAMONGA,CALIFORNIASHEET:SHEET TITLERGA, OFFICE OF ARCHITECTURAL DESIGNCOPYRIGHTCHK'D BY:DRAWN BY:CAD FILE NAME:K2M PROJECT NO:OWNER PROJECT NO:MARKDESCRIPTIONDATECONSULTANTPROFESSIONAL SEALS20001RGA PROJECT NO:19134.01BRIDGE POINTRANCHO CUCAMONGA00000.00KMKM10 HUGHES, SUITE A203, IRVINE, CA 92618O: 949-419-9908 F: 949-419-9870PROJECT NAMEBRIDGE POINT RANCHO CUCAMONGA, LLC11100 SANTA MONICA BLVD., SUITE 700LOS ANGELES, CA 90025TEL: 213-805-6667CONTACT: BRENDAN KOLTERbkotler@bridgedev.comOWNER:APPLICANT:BRIDGE POINT RANCHO CUCAMONGA, LLC11100 SANTA MONICA BLVD., SUITE 700LOS ANGELES, CA 90025TEL: 213-805-6667CONTACT: BRENDAN KOLTERbkotler@bridgedev.comNOT FOR CONSTRUCTION1/8/20REVISED PLANNING SET4/12/20REVISED PLANNING SET8/7/20REVISED PLANNING SET12/11/20REVISED PLANNING SET01/05/21REVISED PLANNING SETSL720001SL7BUILDING 2WEST PHOTOMETRICPHOTOMETRIC DISCLAIMER:THIS PHOTOMETRIC STUDY HAS BEEN PERFORMED IN ACCORDANCE WITH IESNASTANDARDS AND INDUSTRY LIGHTING PRACTICES. INPUT DATA FILES ARE PROVIDEDBY THE MANUFACTURER OF SPECIFIED LIGHT FIXTURES. DIFFERENCES MAY OCCURBETWEEN CALCULATIONS AND ACTUAL INSTALLED CONDITIONS DUE TO TESTPROCEDURES, EQUIPMENT PERFORMANCE, MEASUREMENT TECHNIQUES AND FIELDCONDITIONS SUCH AS TEMPERATURE, VOLTAGE AND REFLECTANCE FROM CEILINGS,WALLS AND FLOORS. ARCHITECTURAL ELEMENTS, ROOM SIZES AND MOUNTINGHEIGHTS SIGNIFICANTLY AFFECT THE LIGHTING CALCULATIONS. IF REAL CONDITIONSDIFFER FROM CALCULATED CONDITIONS, LIGHT LEVELS MAY VARY. K2M ENGINEERINGIS NOT RESPONSIBLE FOR THE ACCURACY OF THE MANUFACTURER'S INFORMATION.PB30SL1BUILDING 2 WEST PHOTOMETRICSCALE: 1"=40'-0"APB54SL1TYPPB54SL1TYPPB30SL1 12434 4TH STREETCITY OF RANCHO CUCAMONGA,CALIFORNIASHEET:SHEET TITLERGA, OFFICE OF ARCHITECTURAL DESIGNCOPYRIGHTCHK'D BY:DRAWN BY:CAD FILE NAME:K2M PROJECT NO:OWNER PROJECT NO:MARKDESCRIPTIONDATECONSULTANTPROFESSIONAL SEALS20001RGA PROJECT NO:19134.01BRIDGE POINTRANCHO CUCAMONGA00000.00KMKM10 HUGHES, SUITE A203, IRVINE, CA 92618O: 949-419-9908 F: 949-419-9870PROJECT NAMEBRIDGE POINT RANCHO CUCAMONGA, LLC11100 SANTA MONICA BLVD., SUITE 700LOS ANGELES, CA 90025TEL: 213-805-6667CONTACT: BRENDAN KOLTERbkotler@bridgedev.comOWNER:APPLICANT:BRIDGE POINT RANCHO CUCAMONGA, LLC11100 SANTA MONICA BLVD., SUITE 700LOS ANGELES, CA 90025TEL: 213-805-6667CONTACT: BRENDAN KOLTERbkotler@bridgedev.comNOT FOR CONSTRUCTION1/8/20REVISED PLANNING SET4/12/20REVISED PLANNING SET8/7/20REVISED PLANNING SET12/11/20REVISED PLANNING SET01/05/21REVISED PLANNING SETSL820001SL6LUMINAIRE SPECIFICATION SHEETS Know what'sR Form 5-1 BMP Inspection and MaintenanceBMPResponsibleParty(ies)Inspection/Maintenance ActivitiesRequiredMinimum Frequency ofActivitiesCONTECH CMPUndergroundInfiltration SystemOwnerContech recommends ongoingquarterly inspections of theaccumulated sediment. Allsystems shall be designed with anaccess/inspection manholesituated at or near the inlet andthe outlet orifice. Maintaining thesystem should be scheduledduring dry weather.Inspections shall be donequarterly.Maintenance shall bescheduled whenaccumulated sediment ortrash is clogging thedischarge orifice.Drain InsertsOwnerVisually inspect for defects and illegaldumping. Notify proper authorities if illegaldumping has occurred. Using an industrialvacuum, the collected materials shall beremoved from the filter basket anddisposed of properly. Inspect biosorbhydrocarbon boom and replace asnecessary.Four times per year or followingany rain event that wouldpotentially accumulate a largeamount of debris in the system.Replace boom twice per year, ata minimum.Storm Drain StenciledMessageOwnerVisually inspect for legibility and replace orrepaint as necessary.AnnuallyN1: Education ofProperty Owners,Tenants andOccupants onStormwater BMPsOwnerProperty owner will familiarizehim/herself with the educationalŵĂƚĞƌŝĂůƐŝŶƚƚĂĐŚŵĞŶƚ͟͞ĂŶĚthe contents of the WQMP.Annually (January) for allemployees and within 2months for new hires.N2: ActivityRestrictionsOwnerThe owner shall develop ongoingactivity restrictions that includethose that have the potential tocreate adverse impacts on waterquality. Activities include, but arenot limited to: handling anddisposal of contaminants,fertilizer and pesticide applicationrestrictions, litter control andpick-up, and vehicle or equipmentrepair as well as any otheractivities that may potentiallycontribute to water pollution.OngoingN3: LandscapeManagement BMPsOwnerIrrigation must be consistent withŝƚǇ͛ƐtĂƚĞƌŽŶƐĞƌǀĂƚŝŽŶOrdinance. Fertilizer and pesticideusage will be consistent withCounty Management Guidelinesfor Use of Fertilizers andPesticides.OngoingN4: BMPMaintenanceOwnerBMP maintenance,implementation schedules, andresponsible parties are includedwith each specific BMP narrative.As described in each BMPlisted within this form.N7: SpillContingency PlanOwnerOwner/tenant will have a spillcontingency plan, a separatedocument, based on specific siteneeds.OngoingForm 5-1 BMP Inspection and MaintenanceBMPResponsibleParty(ies)Inspection/Maintenance ActivitiesRequiredMinimum Frequency ofActivitiesN10: Uniform FireCodeImplementationOwnerIf applicable, owner will complywith Article 80 of the Uniform FireCode enforced by the fireprotection agency. The facilityoperators will be educatedannually regarding requirementsfor handling, storage and properdisposal of hazardous substances.OngoingN11: Litter/DebrisControl ProgramOwnerContract with their landscapemaintenance firm to provide thisservice during regularly schedulemaintenance. They are requiredto implement trash managementand litter control procedures inthe common areas aimed atreducing pollution of drainagewater.WeeklyN12: EmployeeTrainingOwnerThe owner will ensure thattenants are also familiar withonsite BMPs and necessarymaintenance required of thetenants. Owner will check withCity and County at least once ayear to obtain new or updatededucational materials and providethese materials to tenants.Employees shall be trained toclean up spills and participate inongoing maintenance. The WQMPrequires annual employeetraining and new hires within 2months.Annually (January) for allemployees and within 2months for new hires.N13: Housekeepingof Loading DocksOwnerKeep all fluids indoors. Clean upspills immediately and keep spillsfrom entering storm drain system.No direct discharges into thestorm drain system. Area shall beinspected weekly for propercontainment and practices withspills cleaned up immediately anddisposed of properly.OngoingN14: Catch BasinInspection ProgramOwnerMonthly inspection by propertyŽǁŶĞƌ͛ƐĚĞƐŝŐŶĞĞ͘/ŶƐƉĞĐƚŝŽŶconsists of immediate repair ofany deterioration of thestructures and maintenance ofdrain inserts before and aftermajor rain events. Drain insertmaintenance shall be perŵĂŶƵĨĂĐƚƵƌĞƌ͛ƐŐƵŝĚĞůŝŶĞƐ͘Monthly inspection andmaintain as necessary.Form 5-1 BMP Inspection and MaintenanceBMPResponsibleParty(ies)Inspection/Maintenance ActivitiesRequiredMinimum Frequency ofActivitiesN15: VacuumSweeping of PrivateStreets and ParkingLotsOwnerAll landscape maintenancecontractors will be required tosweep up all landscape cuttings,mowings and fertilizer materialsoff paved areas weekly anddispose of properly. Parking areasand drive ways will be sweptmonthly by sweeping contractor.MonthlyN17: Comply withall other applicableNPDES permitsOwnerWill comply with ConstructionGeneral Permit and IndustrialGeneral Permit (may apply for NoExposure Certification/NEC).OngoingS1: Provide stormdrain systemstenciling andsignage (CASQANew DevelopmentBMP HandbookSD-13)Owner͞EŽƵŵƉŝŶŐʹƌĂŝŶƐƚŽZŝǀĞƌ͟ƐƚĞŶĐŝůƐǁŝůůďĞĂƉƉůŝĞĚ͘Legibility of stencil will bemaintained on a yearly basis.Annually (January)S3: Design andconstruct trash andwaste storage areasto reduce pollutionintroduction(CASQA NewDevelopment BMPHandbook SD-32)OwnerPaved with an impervious surface,designed not to allow run-on fromadjoining areas, designed todivert drainage from adjoiningroofs and pavements divertedaround the area, screened orwalled to prevent off-sitetransport of trash. Detail to beprovided once available.OngoingS4: Use efficientirrigation systems &landscape design,water conservation,smart controllers,and source control(Statewide ModelLandscapeOrdinance; CASQANew DevelopmentBMP HandbookSD-12)OwnerIrrigation systems shall includereducers or shutoff valvestriggered by a pressure drop tocontrol water loss in the event ofbroken sprinkler heads or lines.Timers will be used to avoid overwatering and watering cycles andduration shall be adjustedseasonally by the landscapemaintenance contractor. Thelandscaping areas will be groupedwith plants that have similarwater requirements. Native ordrought tolerant species shall alsobe used where appropriate toreduce excess irrigation runoffand promote surface filtration.Adjust watering cycles andduration seasonally /quarterly (Oct, Jan, Apr,and Jul). C-1 11231-0001\2567614v10.doc EXHIBIT “C” Cross Section - Catherine Bridge Place Page 170 D-1 11231-0001\2567614v10.doc EXHIBIT “D” Draft Power Purchase Agreement INDUSTRIAL ZONING DISTRICT RENEWABLE POWER PURCHASE AGREEMENT between CITY OF RANCHO CUCAMONGA and ________ Page 171 INDUSTRIAL ZONING DISTRICT RENEWABLE POWER PURCHASE AGREEMENT D-2 TABLE OF CONTENT 1. DOCUMENTS INCLUDED ......................................................................................... 3 2. SELLER’S FACILITY AND COMMERCIAL OPERATION DATE .................... 3 3. CONTRACT CAPACITY AND QUANTITY; TERM; CONTRACT PRICE; BILLING; COLLATERAL REQUIREMENT .......................................................... 6 4. GREEN ATTRIBUTES; RESOURCE ADEQUACY BENEFITS; ERR REQUIREMENTS ...................................................................................................... 10 5. REPRESENTATION AND WARRANTIES; COVENANTS ................................. 11 6. GENERAL CONDITIONS ......................................................................................... 13 7. INDEMNITY ............................................................................................................... 17 8. LIMITATION OF DAMAGES .................................................................................. 17 9. INSURANCE ............................................................................................................... 18 10. NOTICES ..................................................................................................................... 21 11. FORCE MAJEURE .................................................................................................... 21 12. EVENTS OF DEFAULT AND TERMINATION .................................................... 22 13. GOVERNMENTAL CHARGES ............................................................................... 25 14. RELEASE OF INFORMATION AND RECORDING CONVERSATION .......... 25 15. ASSIGNMENT ............................................................................................................ 26 16. GOVERNING LAW .................................................................................................... 26 17. DISPUTE RESOLUTION .......................................................................................... 26 18. MISCELLANEOUS .................................................................................................... 27 APPENDIX A – DEFINITIONS .............................................................................................................. 30 APPENDIX B – COMMERCIAL OPERATION DATE CONFIRMATION LETTER ................... 40 APPENDIX C – FORECASTING REQUIREMENTS ......................................................................... 41 APPENDIX D – DESCRIPTION OF THE FACILITY ........................................................................ 42 APPENDIX E – INDUSTRIAL ZONING DISTRICT RENEWABLE PPA MILESTONES AND EXAMPLE ACTION STEPS ..................................................................................... 43 APPENDIX F – NOTICES LIST ............................................................................................................ 45 APPENDIX G – FORM OF LETTER OF CREDIT ............................................................................. 47 APPENDIX H – FORM OF CONSENT TO ASSIGNMENT .............................................................. 50 Page 172 D-3 11231-0001\2567614v10.doc The City of Rancho Cucamonga, a municipal corporation organized and existing under the laws of the State of California (“Buyer” or “RCMU”), and _________(“Seller”), a ________________, hereby enter into this Power Purchase Agreement (“Agreement”) made and effective as of the Execution Date. Seller and Buyer are sometimes referred to in this Agreement jointly as “Parties” or individually as “Party.” In consideration of the mutual promises and obligations stated in this Agreement and its appendices, the Parties agree as follows: ARTICLE ONE. DOCUMENTS INCLUDED This Agreement includes the following appendices, which are specifically incorporated herein and made a part of this Agreement: Appendix A Definitions Appendix B Commercial Operation Date Confirmation Letter Appendix C Forecasting Requirements Appendix D Description of the Facility Appendix E Seller’s Milestone Schedule Appendix F Notices List Appendix G Form of Letter of Credit Appendix H Form of Consent to Assignment This Agreement specifically incorporates herein by reference as if appended hereto the following documents (collectively referred to herein as the “Referenced Documents”): Industrial Zoning District Renewable PPA Application, submitted by Seller, dated __________ Industrial Zoning District Renewable PPA Generation Forecast, dated _____________ Project Phasing Plan, approved by the City of Rancho Cucamonga on _____________ To the extent any provisions of the Referenced Documents conflict with any other provisions of the Agreement, the other provisions of the Agreement shall control. ARTICLE TWO. SELLER’S FACILITY AND COMMERCIAL OPERATION DATE This Agreement governs Buyer’s purchase of the Product from the electrical generating facility (hereinafter referred to as the “Facility” or “Project”) as described in this Section. 1.1. Facility Location. The Facility is physically located at: Page 173 D-4- 11231-0001\2567614v10.doc _____________________________. 1.2. Facility Name. The Facility is named _____________. 1.2.1. The Facility’s renewable resource is _______. 1.3. Interconnection Point. The Facility is connected to the Rancho Cucamonga Municipal Utility (RCMU’s) electric system at __________ distribution circuit at a service voltage of __12____ kV. 1.4. Delivery Point. The Delivery Point for Energy is the Interconnection Point. 1.5. Facility Description. A description of the Facility, including a summary of its significant components, a drawing showing the general arrangements of the Facility, and a single line diagram illustrating the interconnection of the Facility and loads with the Transmission/Distribution Owner’s electric distribution system, is attached and incorporated herein as Appendix D. 1.6. Commercial Operation. 1.6.1. The Facility’s expected Commercial Operation Date is _______. 1.6.2. Seller shall achieve Commercial Operation no later than the expected Commercial Operation Date specified in Section 2.6.1, which date shall be no later than _______ (__) months from the Execution Date of this Agreement. The expected Commercial Operation Date specified in Section 2.6.1 may be extended for only the following reasons: 1.6.2.1. If Seller has taken all commercially reasonable actions (including but not limited to Seller’s timely filing of all required applications and documents, payment of all applicable fees, and completion of all electric system upgrades needed, if any) to have the Project physically interconnected to the Transmission/Distribution Owner’s distribution system, but fails to secure any necessary commitments from the Transmission/Distribution Owner for such interconnection and upgrades due to delays beyond Seller’s reasonable control, then the expected Commercial Operation Date specified in Section 2.6.1 shall be extended for the number of days necessary to physically interconnect the Facility; provided, however, that such delay may not extend the expected Commercial Operation Date specified in Section 2.6.1 for a period of more than six (6) months; or 1.6.2.2. If Seller has taken all commercially reasonable actions (including but not limited to Seller’s timely filing of all required applications and documents and payment of all applicable fees, if any) to obtain permits necessary to construct and operate the facility but fails to secure any such permits due to delays beyond Seller’s reasonable control, then the expected Commercial Operation Date specified in Page 174 D-5- 11231-0001\2567614v10.doc Section 2.6.1 shall be extended for the number of days necessary to secure such permits; provided, however, that such delay may not extend the expected Commercial Operation Date specified in Section 2.6.1 for a period of more than six (6) months; or 1.6.2.3. In the event of Force Majeure, the expected Commercial Operation Date specified in Section 2.6.1 shall be extended on a day-to-day basis for a cumulative period of not more than six (6) months; provided that Seller complies with Section 10. 1.6.2.4. Extensions under Section 2.6.2.1, 2.6.2.2, and 2.6.2.3, to the extent they may occur concurrently, shall run concurrently. 1.6.3. Seller shall provide Notice to Buyer of the Commercial Operation Date of the Facility at least thirty (30) days prior to such date. 1.6.4. Notwithstanding anything in this Agreement, if Seller is unable to achieve Commercial Operation by the expected Commercial Operation Date specified in Section 2.6.1, which may be extended pursuant to Section 2.6.2, then Seller shall either (i) terminate the Agreement, in which case Buyer may retain the full Reservation Deposit, or (ii) pay to Buyer daily delay damages in the amount of twenty cents ($0.20) for each kilowatt of Contract Capacity for each day beyond the expected Commercial Operation Date specified in Section 2.6.1, as may be extended pursuant to Section 2.6.2, that Seller requires to achieve Commercial Operation. 1.6.5. Commercial Operation shall occur only when all of the following conditions have been satisfied: 1.6.5.1. the Facility’s status as an Eligible Renewable Energy Resource is demonstrated by Seller’s receipt of pre-certification from the CEC; 1.6.5.2. the Parties have executed and exchanged the “Commercial Operation Date Confirmation Letter” attached as Appendix B; 1.6.5.3. Seller is in compliance with all applicable requirements of the RCMU Electric Service Rule 22 – Generating Facility Interconnections; 1.6.5.4. Seller has furnished to Buyer all insurance documents required under Section 9; 1.6.5.5. Seller has provided thirty (30) days’ Notice prior to the Commercial Operation Date as required under Section 2.6.3; 1.6.5.6. Seller has obtained all permits necessary to operate the Facility and is in compliance with all Laws applicable to the operation of the Facility; Page 175 D-6- 11231-0001\2567614v10.doc 1.6.5.7. Seller has successfully installed and tested the Facility at its full Contract Capacity, and the Facility is capable of reliably generating at its full Contract Capacity; and 1.6.5.8. Seller has satisfied the Collateral Requirement set forth in Section 3.9. 1.6.5.9. The City of Rancho Cucamonga has approved the Phasing Plan submitted by Seller for the Facility. ARTICLE THREE. CONTRACT CAPACITY AND QUANTITY; TERM; CONTRACT PRICE; BILLING; COLLATERAL REQUIREMENT 1.7. Contract Capacity. Pursuant to the Phasing Plan approved by the City of Rancho Cucamonga, the Contract Capacity is as follows: Phase 1: _____ kW, alternating current (AC). Phase 2: _____ kW, alternating current (AC). Phase 3: _____ kW, alternating current (AC). 1.8. Contract Quantity. 1.8.1. The “Contract Quantity” during each Contract Year is the amount set forth in the applicable Contract Year in the “Delivery Term Contract Quantity Schedule,” set forth in Appendix F , which amount is net of Station Use. Seller shall have the option to update the Delivery Term Contract Quantity Schedule one (1) time prior to Commercial Operation Date by an amount not to exceed a five percent (5%) increase or decrease from the Contract Quantity specified as of the Execution Date. 1.8.2. At least ninety (90) days prior to the occurrence of a Phasing Plan Transition Event, Seller shall provide Notice to Buyer that includes the following information (i) the new Contract Capacity consistent with Section 3.1; (ii) the date upon which the changed Contract Capacity will be available to Buyer; and (iii) documentation reasonably satisfactory to Buyer demonstrating that the requirements of the Phasing Plan have been met. 1.8.3. Within thirty (30) days of receiving Notice from Seller pursuant to Section 3.2.2., the City Manager shall cause the Contract Quantity values specified in Appendix F to be modified for the applicable Contract Years consistent with the Phasing Plan, and such modification shall be considered an element of the administration of this Agreement and shall not require the consent of the Parties hereto. Upon such modification, the City Manager shall promptly provide a copy of such revised Appendix F to Seller. Page 176 D-7- 11231-0001\2567614v10.doc 1.9. Transaction. During the Delivery Term, Seller shall sell and deliver, or cause to be delivered, and Buyer shall purchase and receive, all Product produced by or associated with the Facility that is delivered to the Delivery Point. In no event shall Seller have the right to procure the Product from sources other than the Facility for sale or delivery to Buyer under this Agreement. Buyer shall have no obligation to receive or purchase the Product from Seller prior to the Commercial Operation Date or after the end of the Delivery Term. 1.10. Term of Agreement; Survival of Rights and Obligations. 1.10.1. The term shall commence upon the Execution Date of this Agreement and shall remain in effect until the conclusion of the Delivery Term unless terminated sooner pursuant to Sections 10.4 or 11 of this Agreement (the “Term”). 1.10.2. Notwithstanding anything to the contrary in this Agreement, all of the rights and obligations that this Agreement expressly provides survive termination as well as the rights and obligations that arise from Seller’s or Buyer’s covenants, agreements, representations, and warranties applicable to, or to be performed, at or during any time before or as a result of the termination of this Agreement. 1.11. Delivery Term. Seller shall deliver the Product from the Facility to Buyer for a period of twenty-five (25) Contract Years for all generation technologies. The Delivery Term shall commence on the Commercial Operation Date and continue until the end of the last Contract Year unless the Agreement is terminated sooner pursuant to the terms of the Agreement. 1.12. Contract Price. 1.12.1. Throughout the Delivery Term, and subject to and in accordance with the terms of this Agreement, Buyer shall pay the Contract Price to Seller for the Product based on the amount of Delivered Energy. The Contract Price shall be $__ per MWh of Delivered Energy. 1.12.2. In any Contract Year, if the amount of Delivered Energy exceeds one hundred fifteen percent (115%) of the annual Contract Quantity amount, the Contract Price for such Delivered Energy in excess of one hundred fifteen percent (115%) shall be adjusted to be seventy-five percent (75%) of the applicable Contract Price. 1.12.3. Seller shall curtail production of the Facility in accordance with the applicable Notice after receipt of: (a) Notice from Buyer that Buyer has been instructed by the CAISO or the Transmission/Distribution Owner or any other jurisdictional entity to curtail Energy deliveries; or (b) Notice that Seller has been given a curtailment order or similar instruction in order to respond to an Emergency; or (c) Notice of a Curtailment Order issued by Buyer. Buyer shall have no obligation to pay Seller for any Product Page 177 D-8- 11231-0001\2567614v10.doc delivered in violation of this Section 3.6.3. Seller shall assume all liability and reimburse Buyer for any and all costs and charges incurred by Buyer, including but not limited to CAISO penalties, as a result of Seller delivering Energy in violation of the Section 3.6.3. Buyer shall have no obligation to pay Seller for any Product that Seller would have been able to deliver but for the fact of a curtailment pursuant to subsection (a) or (b) of the first sentence of this Section 3.6.3. 1.12.4. Buyer shall have the right, but not the obligation, to issue to Seller a Curtailment Order. Buyer shall pay Seller the Contract Price for the Product Seller would have been able to deliver but for the fact that Buyer issued a Curtailment Order (“Paid Curtailed Product”) as calculated pursuant to Section 3.6.5. 1.12.5. No later than fifteen (15) days after the end of a calendar month in which Buyer issued a Curtailment Order, Seller shall prepare and provide to Buyer a calculation of the amount of Product the Facility would have been able to deliver under Sections 3.6.4 for the applicable month. Seller shall apply accepted industry standards in making such calculation and take into consideration past performance of the Facility, and other relevant information, including but not limited to, Facility availability, weather, water flow, and solar irradiance data for the period of time during the Buyer issued Curtailment Order. Upon Buyer’s request, Seller shall promptly provide to Buyer any additional and supporting documentation necessary for Buyer to audit and verify Seller’s calculation. 1.13. Billing. 1.13.1. The amount of Delivered Energy shall be determined by the meter specified in Section 6.2.1 or Check Meter, as applicable. Buyer has no obligation to purchase from Seller any Energy that is not or cannot be delivered to the Delivery Point, regardless of circumstance. Buyer will not be obligated to pay Seller for any Product that Seller delivers in violation of Section 3.6.3, including any Product Seller delivers in excess of the amount specified in any Curtailment Order. 1.13.2. For the purpose of calculating monthly payments under this Agreement, the amount recorded by the meter specified in Section 6.2.1 or Check Meter, as applicable, will be multiplied by the Contract Price noted in Section 3.6.1, as possibly adjusted under Section 3.6.2, less any Energy produced by the Facility for which Buyer is not obligated to pay Seller as set forth in Section 3.7.1. 1.13.3. On or before the last Business Day of the month immediately following each calendar month, Seller shall determine the amount of Delivered Energy received by Buyer pursuant to this Agreement for each monthly period and issue an invoice showing the calculation of the payment. Seller shall also Page 178 D-9- 11231-0001\2567614v10.doc provide to Buyer: (a) records of metered data sufficient to document and verify the generation of Delivered Energy by the Facility during the preceding month; (b) access to any records; and (c) an invoice, in the format specified by Buyer. 1.13.4. In the event an invoice or portion thereof or any other claim or adjustment arising hereunder, is disputed, payment of the undisputed portion of the invoice shall be required to be made when due, with Notice of the objection given to the other Party. Any invoice dispute or invoice adjustment shall be in writing and shall state the basis for the dispute or adjustment. Payment of the disputed amount shall not be required until the dispute is resolved. In the event adjustments to payments are required as a result of inaccurate meter(s), Buyer in its reasonable discretion shall determine the correct amount of Delivered Energy received under this Agreement during any period of inaccuracy and recompute the amount due from Buyer to Seller for the Delivered Energy delivered during the period of inaccuracy. The Parties agree to use good faith efforts to resolve the dispute or identify the adjustment as soon as possible. Upon resolution of the dispute or calculation of the adjustment, any required payment shall be made within thirty (30) days of such resolution. 1.13.5. All interest paid or payable under this Agreement shall be computed as simple interest using the Interest Rate and, unless specified otherwise in this Agreement, shall be paid concurrently with the payment or refund of the underlying amount on which such interest is payable. 1.14. Title and Risk of Loss. Title to and risk of loss related to the Energy from the Facility shall transfer from Seller to Buyer at the Delivery Point. Seller warrants that it will deliver to Buyer the Product from the Facility free and clear of all liens, security interests, claims, and encumbrances or any interest therein or thereto by any person. 1.15. Collateral Requirement. On or before the Commercial Operation Date, Seller shall post and thereafter maintain a collateral requirement equal to sixty dollars ($60.00) for each kilowatt of Contract Capacity (the “Collateral Requirement”). The Collateral Requirement will be held by Buyer and must be in the form of either cash deposit or Letter of Credit. The Collateral Requirement shall be posted to Buyer and maintained at all times during the Delivery Term. Buyer shall be entitled to draw upon the Collateral Requirement for any damages arising upon Buyer’s declaration of an Early Termination Date as set forth in Section 12.3. In the event that Buyer draws on the Collateral Requirement, Seller shall promptly replenish such Collateral Requirement to the amount specified in this Section 3.9. Buyer shall return the unused portion of the Collateral Requirement to Seller promptly at the end of the Delivery Term, once all payment obligations of the Seller under this Agreement have been satisfied. Buyer shall pay simple interest on cash held to Page 179 D-10- 11231-0001\2567614v10.doc satisfy the Collateral Requirements at the rate and in the manner set forth in Section 3.7.5. ARTICLE FOUR. GREEN ATTRIBUTES; RESOURCE ADEQUACY BENEFITS; ERR REQUIREMENTS 1.16. Green Attributes. Seller hereby provides and conveys all green attributes associated with all electricity generation from the project to buyer as part of the product being delivered. seller represents and warrants that seller holds the rights to all green attributes from the project, and seller agrees to convey and hereby conveys all such green attributes to buyer as included in the delivery of the product from the project. 1.17. Conveyance of Product. Throughout the Delivery Term, Seller shall provide and convey the Product to Buyer in accordance with the terms of this Agreement, and Buyer shall have the exclusive right to the Product. Seller shall, at its own cost, take all actions and execute all documents or instruments that are reasonable and necessary to effectuate the use of the Green Attributes, Resource Adequacy Benefits, if any, and Capacity Attributes, if any, for Buyer’s benefit throughout the Delivery Term. 1.18. WREGIS. Seller shall cause and allow Buyer, or Buyer’s agent, to be the “Qualified Reporting Entity” and “Account Holder” (as such terms are defined by WREGIS) for the Facility within thirty (30) days after the Commercial Operation Date. In the event that Buyer is not the Qualified Reporting Entity, Seller shall, at its sole expense, take all actions necessary and provide any documentation requested by Buyer in support of WREGIS account administration and compliance with the California Renewables Portfolio Standard. Seller, at its sole expense, shall take all necessary steps and submit/file all necessary documentation to ensure that the Facility remains an Eligible Renewable Energy Resource throughout the Delivery Term as outlined in Section 4.5 and that all WREGIS Certificates associated with the Product accrue to Buyer and will satisfy the requirements of the California Renewables Portfolio Standard. 1.19. Resource Adequacy Benefits. 1.19.1. During the Delivery Term, Seller grants, pledges, assigns and otherwise commits to Buyer all of the Contract Capacity, including Capacity Attributes, if any, from the Project to enable Buyer to meet its Resource Adequacy or successor program requirements, as the CAISO or other regional entity may prescribe (“Resource Adequacy Requirements”). 1.19.2. Seller shall cooperate in good faith with and comply with reasonable requests of Buyer to enable Buyer to maximize anyResource Adequacy Benefits attributable to the Facility or any credits that reduce the Resource Adequacy Requirements of the Buyer. Page 180 D-11- 11231-0001\2567614v10.doc 1.20. Eligible Renewable Energy Resource. Seller shall take all actions necessary to achieve and maintain status as an Eligible Renewable Energy Resource (“ERR”) throughout the Delivery Term. Within thirty (30) days after the Commercial Operation Date, Seller shall file an application or other appropriate request with the CEC for CEC Certification for the Facility. Seller shall expeditiously seek CEC Certification, including promptly responding to any requests for information from the requesting authority. ARTICLE FIVE. REPRESENTATION AND WARRANTIES; COVENANTS 1.21. Representations and Warranties. On the Execution Date, each Party represents and warrants to the other Party that: 1.21.1. it is duly organized, validly existing and in good standing under the Laws of the jurisdiction of its formation; 1.21.2. the execution, delivery and performance of this Agreement are within its powers, have been duly authorized by all necessary action and do not violate any of the terms and conditions in its governing documents, any contracts to which it is a party or any Laws; 1.21.3. this Agreement and each other document executed and delivered in accordance with this Agreement constitutes a legally valid and binding obligation enforceable against it in accordance with its terms; 1.21.4. it is not Bankrupt and there are no proceedings pending or being contemplated by it or, to its knowledge, threatened against it which would result in it being or becoming Bankrupt; and 1.21.5. there is not pending or, to its knowledge, threatened against it or any of its Affiliates any legal proceedings that could materially adversely affect its ability to perform its obligations under this Agreement. 1.22. General Covenants. Each Party covenants that throughout the Term of this Agreement: 1.22.1. it shall continue to be duly organized, validly existing and in good standing under the Laws of the jurisdiction of its formation; 1.22.2. it shall maintain (or obtain from time to time as required, including through renewal, as applicable) all regulatory authorizations necessary for it to legally perform its obligations under this Agreement; and 1.22.3. it shall perform its obligations under this Agreement in a manner that does not violate any of the terms and conditions in its governing documents, any contracts to which it is a party, or any Law. Page 181 D-12- 11231-0001\2567614v10.doc 1.23. Seller’s Representations, Warranties and Covenants. In addition to the representations, warranties and covenants specified in Sections 5.1 and 5.2, Seller makes the following additional representations, warranties and covenants to Buyer, as of the Execution Date: 1.23.1. Seller has met all applicable legal and regulatory requirements to sell wholesale electricity in California; 1.23.2. Seller, and, if applicable, its successors, represents and warrants that throughout the Delivery Term of this Agreement that: (i) the Project qualifies and is certified by the CEC as an ERR as such term is defined in Public Utilities Code Section 399.12 or Section 399.16; and (ii) the Project’s output delivered to Buyer qualifies under the requirements of the California Renewables Portfolio Standard. To the extent a change in law occurs after execution of this Agreement that causes this representation and warranty to be materially false or misleading, it shall not be an Event of Default if Seller has used commercially reasonable efforts to comply with such change in law; 1.23.3. Seller and, if applicable, its successors, represents and warrants that throughout the Delivery Term of this Agreement the Renewable Energy Credits transferred to Buyer conform to the definition and attributes required for compliance with the California Renewables Portfolio Standard, as set forth in the California Energy Commission’s Enforcement Procedures for the Renewables Portfolio Standard for Local Publicly Owned Electric Utilities adopted on December 22, 2020, and as may be modified by subsequent decision of the California Energy Commission or by subsequent legislation. To the extent a change in law occurs after execution of this Agreement that causes this representation and warranty to be materially false or misleading, it shall not be an Event of Default if Seller has used commercially reasonable efforts to comply with such change in law; 1.23.4. Throughout the Delivery Term, Seller shall: (a) own and operate the Facility; (b) deliver the Product to Buyer free and clear of all liens, security interests, claims, and encumbrances or any interest therein or thereto by any individual or entity; and (c) hold the rights to all of the Product; 1.23.5. Seller is acting for its own account, has made its own independent decision to enter into this Agreement and as to whether this Agreement is appropriate or proper for it based upon its own judgment, is not relying upon the advice or recommendations of the Buyer in so doing, and is capable of assessing the merits of, and understands and accepts, the terms, conditions and risks of this Agreement; 1.23.6. Throughout the Delivery Term: (a) Seller shall not convey, transfer, allocate, designate, award, report or otherwise provide any or all of the Product, or any portion thereof, or any benefits derived therefrom, to any Page 182 D-13- 11231-0001\2567614v10.doc party other than Buyer; and (b) Seller shall not start-up or operate the Facility per instruction of or for the benefit of any third party, except as required by other Laws; 1.23.7. The construction of the Facility shall comply with all Laws, including applicable state and local laws, building standards, and interconnection requirements; 1.23.8. No other person or entity, including any other generating facility, has any rights in connection with Seller’s Interconnection Agreement or Seller’s Interconnection Facilities and no other persons or entities shall have any such rights during the Term; 1.23.9. During the Delivery Term, Seller shall not allow any other person or entity, including any other generating facility, to use Seller’s Interconnection Facilities; and 1.23.10. All representations made by Seller in its Industrial Zoning District Renewable PPA Application are true and correct. 1.23.11. Pursuant to the requirements of Section 17.76.020 of Chapter 17.76 of (Alternative Energy Systems and Facilities) of Article IV (Site Development Provisions) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code, the Contract Capacity, during the applicable phase, is sufficient to meet the annualized customer load. ARTICLE SIX. GENERAL CONDITIONS 1.24. Interconnection Requirements. During the Delivery Term, Seller shall comply with all contractual, metering, and applicable interconnection requirements, including those set forth in the RCMU Electric Service Rule 22,, Transmission/Distribution Owner’s applicable tariffs, the CAISO Tariff and implementing CAISO standards and requirements, and all Laws so as to be able to deliver Energy to the Delivery Point. Seller shall provide and maintain during the Delivery Term, at its cost, all data processing gateways or remote intelligence gateways, telemetering equipment and data acquisition services, and associated measuring and recording equipment necessary to meet all applicable WREGIS and RCMU requirements applicable to the Facility during the Delivery Term. 1.25. Metering Requirements. 1.25.1. All Energy from the Project must be delivered through a single revenue quality meter and that meter must be dedicated exclusively to the Project. All Delivered Energy purchased under this Agreement must be measured by the Project’s revenue quality meter(s) to be eligible for payment under this Agreement. Seller shall bear all costs relating to all metering equipment installed to accommodate the Project. Page 183 D-14- 11231-0001\2567614v10.doc 1.25.2. Buyer may, at its sole cost, furnish and install one Check Meter at the interconnection associated with the Facility at a location provided by Seller that is compliant with Buyer’s electric service requirements. The Check Meter may be interconnected with Buyer’s communication network, or the communication network of Buyer’s Agent, to permit periodic, remote collection of revenue quality meter data. In the event that Buyer elects to install a Check Meter, Buyer may compare the Check Meter data to the Facility’s revenue meter data. If the deviation between the Facility’s revenue meter data and the Check Meter data for any comparison is greater than 0.3%, Buyer may provide Notice to Seller of such deviation and the Parties shall mutually arrange for a meter check or recertification of the Check Meter or the Facility’s revenue meter, as applicable. Each Party shall bear its own costs for any meter check or recertification. Testing procedures and standards for the Check Meter shall be the same as for a comparable Buyer-owned meter. Parties shall have the right to have representatives present during all such tests. The Check Meter, if Buyer elects to install a Check Meter, is intended to be used for back-up purposes in the event of a failure or other malfunction of the Facility’s revenue meter, and Check Meter data shall only be used to validate the Facility’s revenue meter data and, in the event of a failure or other malfunction of the Facility’s revenue meter, in place of the Facility’s revenue meter until such time that the Facility’s revenue meter is recertified. 1.26. Meter Data. Seller hereby agrees to provide all meter data to Buyer in a form acceptable to Buyer, including any inspection, testing and calibration data and reports. Seller shall grant Buyer and Buyer’s agent the right to retrieve the meter readings from Seller or Seller’s meter reading agent. 1.27. Standard of Care. Seller shall: (a) maintain and operate the Facility and Interconnection Facilities in conformance with RCMU Rule 22, all Laws, and Prudent Electrical Practices; (b) obtain any governmental authorizations and permits required for the construction and operation of the Facility and Interconnection Facilities; and (c) generate, schedule and perform transmission services in compliance with all applicable RCMU rulesand Prudent Electrical Practices. Seller shall reimburse Buyer for any and all losses, damages, claims, penalties, or liability Buyer incurs as a result of Seller’s failure to obtain or maintain any governmental authorizations and permits required for construction and operation of the Facility throughout the Term of this Agreement. 1.28. Access Rights. 1.28.1. Operations Logs. Seller shall maintain a complete and accurate log of all material operations and maintenance information on a daily basis. Such log shall include, but not be limited to, information on power production, fuel consumption (if applicable), efficiency, availability, maintenance performed, outages, results of inspections, manufacturer recommended services, Page 184 D-15- 11231-0001\2567614v10.doc replacements, electrical characteristics of the generators, control settings or adjustments of equipment and protective devices. Seller shall provide this information electronically to Buyer within twenty (20) days of Buyer’s request. 1.28.2. Access Rights. Buyer, its authorized agents, employees and inspectors may, on reasonable advance notice under the circumstances, visit the Project during normal business hours for purposes reasonably connected with this Agreement. Buyer, its authorized agents, employees and inspectors must (a) at all times adhere to all safety and security procedures as may be required by Seller; and (b) not interfere with the operation of the Project. Buyer shall make reasonable efforts to coordinate its emergency activities with the safety and security departments, if any, of the Project operator. Seller shall keep Buyer advised of current procedures for contacting the Project operator’s safety and security departments, if any exist. 1.29. Protection of Property. Seller shall be solely responsible for protecting its own facilities from possible damage resulting from electrical disturbances or faults caused by the operation, faulty operation, or non-operation of the Transmission/Distribution Owner's facilities. Buyer shall not be liable for any such damages so caused. 1.30. Forecasting. Seller shall comply with the forecasting in Appendix C. 1.31. Greenhouse Gas Emissions. Seller acknowledges that a Governmental Authority may require Buyer to take certain actions with respect to greenhouse gas emissions attributable to the generation of Energy, including, but not limited to, reporting, registering, tracking, allocating for or accounting for such emissions. Promptly following Buyer’s written request, Seller agrees to take all commercially reasonable actions and execute or provide any and all documents, information, or instruments with respect to generation by the Facility reasonably necessary to permit Buyer to comply with such requirements, if any. 1.32. Reporting and Record Retention. 1.32.1. Seller shall use commercially reasonable efforts to meet the Milestone Schedule set forth in Appendix E and avoid or minimize any delays in meeting such schedule. Seller shall provide Project development status reports in a format and a frequency, which shall not exceed one (1) report per month, specified by the Buyer. The report shall describe Seller’s progress relative to the development, construction, and startup of the Facility, as well as a Notice of any anticipated change to the Commercial Operation Date and whether Seller is on schedule to meet the Commercial Operation Date. Page 185 D-16- 11231-0001\2567614v10.doc 1.32.2. Seller shall within ten (10) Business Days of receipt thereof provide to Buyer copies of any Interconnection Agreement and all other material reports, studies and analyses furnished by any Transmission/Distribution Owner, and any correspondence with the Transmission/Distribution Owner related thereto, concerning the interconnection of the Facility to the Transmission/Distribution Owner’s electric system or the transmission of Energy on the Transmission/Distribution Owners’ electric system. 1.32.3. Seller shall provide to Buyer on the Commercial Operation Date, and within thirty (30) days after the completion of each Contract Year thereafter during the Delivery Term, a copy of any inspection and maintenance report regarding the Facility that was also provided to the Transmission/Distribution Owner during the previous Contract Year. 1.33. Tax Withholding Documentation. Upon Buyer’s request, Seller shall promptly provide to Buyer Internal Revenue Service tax Form W-9 and California tax Form 590 (or their equivalent), completed with Seller’s information, and any other documentation necessary for Buyer to comply with its tax reporting or withholding obligations with respect to Seller. 1.34. Modifications to Facility. During the Delivery Term, Seller shall not repower or materially modify or alter the Facility without the written consent of Buyer. Material modifications or alterations include, but are not limited to, (a) movement of the Site, (b) changes that may increase or decrease the expected output of the Facility other than as allowed under Section 3.2, (c) changes that may affect the generation profile of the Facility, (d) changes that may affect the ability to accurately measure the output of Product from the Facility and (e) changes that conflict with elections, information, or requirements specified elsewhere in this Agreement. Material modifications or alterations do not include maintenance and repairs performed in accordance with Prudent Electrical Practices. Seller shall provide to Buyer Notice not less than ninety (90) days before any proposed repowering, modification, or alteration occurs describing the repowering, modification, or alteration to Buyer’s reasonable satisfaction. 1.35. No Additional Incentives. Seller agrees that during the Term of this Agreement it shall not seek additional compensation or other benefits pursuant to the Self-Generation Incentive Program, as defined in CPUC Decision 01-03- 073, the California Solar Initiative, as defined in CPUC Decision 06-01-024, Buyer’s net energy metering tariff, or other similar California ratepayer subsidized program relating to energy production with respect to the Facility. 1.36. Site Control. Seller shall have Site Control as of the earlier of: (a) the Commercial Operation Date; or (b) any date before the Commercial Operation Date to the extent necessary for the Seller to perform its obligations under this Agreement and, in each case, Seller shall maintain Site Control throughout the Page 186 D-17- 11231-0001\2567614v10.doc Delivery Term. Seller shall promptly provide Buyer with Notice if there is any change in the status of Seller’s Site Control. ARTICLE SEVEN. INDEMNITY 1.37. Seller shall indemnify, defend, and hold harmless Buyer and its directors, officers, officials, and employees against and from any and all loss, liability, damage, expense, and costs (including without limitation costs and fees of litigation and reasonable attorneys’ fees) of every nature resulting from or arising out of Seller’s performance of its obligations under this Agreement, or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of Buyer. 1.38. Buyer shall not be responsible for any cost of decommissioning or demolition of the Facility or any environmental or other liability associated with the decommissioning or demolition of the Facility without regard to the timing or cause of the decommissioning or demolition. Seller agrees to indemnify, defend, and hold harmless, Buyer for any costs incurred by Buyer if and to the extent that Seller’s actions or inactions causes any or all of them to become required, whether statutorily or otherwise, to bear the cost of any decommissioning or demolition of the Facility or any environmental or other liability associated therewith, including, but not limited to, any investigations, actions, suits, claims, demands, losses, liabilities, penalties, and expenses (including reasonable attorneys’ fees) associated with clean-up costs and defense costs. The indemnity requirements set forth in this Section shall survive the termination of this Agreement. ARTICLE EIGHT. LIMITATION OF DAMAGES EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT THERE IS NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL IMPLIED WARRANTIES ARE DISCLAIMED. LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED UNLESS EXPRESSLY HEREIN PROVIDED. NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE. UNLESS EXPRESSLY HEREIN PROVIDED, AND SUBJECT TO THE PROVISIONS OF SECTION 7 (INDEMNITY), IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, Page 187 D-18- 11231-0001\2567614v10.doc WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVE. ARTICLE NINE. INSURANCE 1.39. Insurance Coverage. Seller shall, at its own expense, starting on the Execution Date and until the end of the Term, and for such additional periods as may be specified below, provide and maintain in effect the following insurance policies and minimum limits of coverage as specified below, and such additional coverage as may be required by Law, with insurance companies authorized to do business in the state in which the services are to be performed, with an A.M. Best’s Insurance Rating of not less than A-:VII. 1.39.1. Commercial General Liability Insurance. Commercial general liability insurance, written on an occurrence, not claims-made basis, covering all operations by or on behalf of Seller arising out of or connected with this Agreement, including coverage for bodily injury, broad form property damage, personal and advertising injury, products/completed operations, contractual liability, premises-operations, owners and contractors protective, hazard, explosion, collapse and underground. Such insurance must bear a combined single limit per occurrence and annual aggregate of not less than five million dollars ($5,000,000.00), exclusive of defense costs, for all coverages. Such insurance must contain standard cross-liability and severability of interest provisions. The Seller shall name the Buyer, its officers, officials, employees, and volunteers as additional insureds on the completed operations policy. The completed operations policy shall be as broad as one of the following ISO forms CG 20 37, 2039, or CG 20 40. Completed operations coverage must be maintained for a period of not less than four (4) years after this Agreement terminates. If Seller elects, with Buyer’s written concurrence, to use a “claims made” form of commercial general liability insurance, then the following additional requirements apply: (a) the retroactive date of the policy must be prior to the Execution Date; and (b) either the coverage must be maintained for a period of not less than four (4) years after this Agreement terminates, or the policy must provide for a supplemental extended reporting period of not less than four (4) years after this Agreement terminates. Governmental agencies which have an established record of self-insurance may provide the required coverage through self-insurance. 1.39.2. Workers’ Compensation Insurance. Workers’ compensation insurance with statutory limits, as required by the state having jurisdiction over Seller’s employees, and employer’s liability insurance with limits of not less than: (a) bodily injury by accident - one million dollars ($1,000,000.00) each accident; (b) bodily injury by disease - one million dollars ($1,000,000.00) policy limit; and (c) bodily injury by disease - one million dollars ($1,000,000.00) each employee. Page 188 D-19- 11231-0001\2567614v10.doc 1.39.3. Commercial Automobile Liability Insurance. Commercial automobile liability insurance covering bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000.00) per occurrence. Such insurance must cover liability arising out of Seller’s use of all owned, non-owned and hired automobiles in the performance of the Agreement. 1.39.4. Umbrella/excess liability Insurance. Umbrella/excess liability insurance, written on an occurrence, not claims-made basis, providing coverage excess of the underlying employer’s liability, commercial general liability, and commercial automobile liability insurance, on terms at least as broad as the underlying coverage, with limits of not less than four million dollars ($4,000,000.00) per occurrence and in the annual aggregate. 1.39.5. Pollution Liability Insurance. If the scope of work involves areas of known pollutants or contaminants, pollution liability coverage will be required to cover bodily injury, property damage, including clean-up costs and defense costs resulting from sudden, and accidental conditions, including the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, hydrocarbons, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any water course or body of water shall be maintained. The limit will not be less than one million dollars ($1,000,000.00) per occurrence or claim, and $2,000,000 policy aggregate for bodily injury and property damage. The policy will endorse RCMU as additional insured. If the contractor maintains broader coverage and/or higher limits than the minimums shown above for all policies, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 1.40. Additional Insurance Provisions. 1.40.1. On or before the later of (a) sixty (60) days after the Execution Date and (b) the date immediately preceding commencement of construction of the Facility, and again within a reasonable time after coverage is renewed or replaced, Seller shall furnish to Buyer certificates of insurance evidencing the coverage required above, written on forms and with deductibles reasonably acceptable to Buyer. Notwithstanding the foregoing sentence, Seller shall in no event furnish Buyer certificates of insurance evidencing required coverage later than the Commercial Operation Date. All deductibles, co-insurance and self-insured retentions applicable to the insurance above must be paid by Seller. All certificates of insurance must note that the insurers issuing coverage must endeavor to provide Buyer with at least thirty (30) days’ prior written notice in the event of cancellation of coverage. Buyer’s receipt of certificates that do not comply with the requirements stated in this Section 9.2.1, or Seller’s failure to provide such Page 189 D-20- 11231-0001\2567614v10.doc certificates, do not limit or relieve Seller of the duties and responsibility of maintaining insurance in compliance with the requirements in this Section 9 and do not constitute a waiver of any of the requirements of Section 9. 1.40.2. Insurance coverage described above in Section 9.1 shall provide for thirty (30) days written Notice to Buyer prior to cancellation, termination, alteration, or material change of such insurance. 1.40.3. Evidence of coverage described above in Section 9.1 shall state that coverage provided is primary and is not excess to or contributing with any insurance or self-insurance maintained by Buyer. 1.40.4. Buyer shall have the right to inspect or obtain a copy of the original policy(ies) of insurance. 1.40.5. All insurance certificates, endorsements, cancellations, terminations, alterations, and material changes of such insurance must be issued, clearly labeled with this Agreement’s identification number and submitted in accordance with Section 10 and Appendix F. 1.40.6. The insurance requirements set forth in Section 9.1 shall apply as primary insurance to, without a right of contribution from, any other insurance maintained by or afforded to Buyer, its subsidiaries and Affiliates, and their respective officers, directors, shareholders, agents, and employees, regardless of any conflicting provision in Seller's policies to the contrary. To the extent permitted by Law, Seller and its insurers shall be required to waive all rights of recovery from or subrogation against Buyer, its subsidiaries and Affiliates, and their respective officers, directors, shareholders, agents, employees and insurers. The commercial general liability insurance required in Section 9.1.1 and the umbrella/excess liability insurance required in Section 9.1.4 must name Buyer, its subsidiaries and Affiliates, and their respective officers, directors, shareholders, agents and employees, as additional insureds for liability arising out of Seller’s construction, use or ownership of the Facility. The Worker’s Compensation policy shall be endorsed with a waiver of subrogation in favor of the Buyer for all work performed by the Seller, its employees, agents and subcontractors. 1.40.7. Seller shall remain liable for all acts, omissions or default of any subcontractor or subsupplier and shall indemnify, defend and hold harmless Buyer for any and all loss or damages, as well as all costs, charges and expenses which Buyer may suffer, incur, or bear as a result of any acts, omissions or default by or on behalf of any subcontractor or subsupplier. 1.40.8. If Seller fails to comply with any of the provisions of this Section 9, Seller, among other things and without restricting Buyer’s remedies under Law or otherwise, shall, at its own cost, act as an insurer and provide Page 190 D-21- 11231-0001\2567614v10.doc insurance in accordance with the terms and conditions of this Section 9. With respect to the required commercial general liability insurance set forth in Section 9.1.1, umbrella/excess liability insurance set forth in Section 9.1.4, commercial automobile liability insurance set forth in Section 9.1.3, and pollution liability insurance set forth in Section 9.1.5 Seller shall provide a current, full and complete defense to Buyer, its subsidiaries and Affiliates, and their respective officers, directors, shareholders, agents, employees, assigns, and successors in interest, in response to a third party claim in the same manner that an insurer with an A.M. Best’s Insurance Rating of A-:VII would have, had the insurance been maintained in accordance with the terms and conditions set forth in this Section 9 and given the required additional insured wording in the commercial general liability insurance and umbrella/excess liability insurance, and standard “Who is an Insured” provision in commercial automobile liability form. ARTICLE TEN. NOTICES Notices (other than forecasts and scheduling requests) shall, unless otherwise specified herein, be in writing and may be delivered by hand delivery, United States mail, overnight courier service, facsimile, or electronic messaging (e-mail). A notice sent by facsimile transmission or e-mail will be recognized and shall be deemed received on the Business Day on which such notice was transmitted if received before 5 p.m. Pacific prevailing time (and if received after 5 p.m., on the next Business Day) and a notice by overnight mail or courier shall be deemed to have been received on the next Business Day after such Notice is sent or such earlier time as is confirmed by the receiving Party unless it confirms a prior oral communication, in which case any such notice shall be deemed received on the day sent. A Party may change its addresses by providing notice of same in accordance with this provision. All Notices, requests, invoices, statements or payments for this Facility must reference this Agreements identification number. Notices shall be provided as indicated in Appendix F. ARTICLE ELEVEN. FORCE MAJEURE 1.41. No Default for Force Majeure. Neither Party shall be in default in the performance of any of its obligations set forth in this Agreement when and to the extent failure of performance is caused by Force Majeure. 1.42. Requirements Applicable to Claiming Party. If a Party, because of Force Majeure, is rendered wholly or partly unable to perform its obligations when due under this Agreement, such Party (the “Claiming Party”) shall be excused from whatever performance is affected by the Force Majeure to the extent so affected. In order to be excused from its performance obligations under this Agreement by reason of Force Majeure: 1.42.1. The Claiming Party, on or before the fourteenth (14th) day after the initial occurrence of the claimed Force Majeure, must give the other Party Notice describing the particulars of the occurrence; and Page 191 D-22- 11231-0001\2567614v10.doc 1.42.2. The Claiming Party must provide timely evidence reasonably sufficient to establish that the occurrence constitutes Force Majeure as defined in this Agreement. 1.43. Limitations. The suspension of the Claiming Party’s performance due to Force Majeure may not be greater in scope or longer in duration than is required by such Force Majeure. In addition, the Claiming Party shall use diligent efforts to remedy its inability to perform. When the Claiming Party is able to resume performance of its obligations under this Agreement, the Claiming Party shall give the other Party prompt Notice to that effect. 1.44. Termination. Either Party may terminate this Agreement on at least five (5) Business Days’ prior Notice, in the event of Force Majeure which materially interferes with such Party’s ability to perform its obligations under this Agreement and which (a) extends for more than 365 consecutive days, (b) extends for more than a total of 365 days in any consecutive 540-day period, or (c) is consistent with Section 2.6.2.3. ARTICLE TWELVE. EVENTS OF DEFAULT AND TERMINATION 1.45. Termination. Unless terminated earlier pursuant to Section 11.4 or this Section 12, this Agreement automatically terminates immediately following the last day of the Delivery Term. 1.46. Events of Default. An “Event of Default” means, with respect to a Party, the occurrence of any of the following: 1.46.1. With respect to either Party: 1.46.1.1. A Party becomes Bankrupt; 1.46.1.2. Except for an obligation to make payment when due, if there is a failure of a Party to perform any material covenant or obligation set forth in this Agreement (except to the extent such failure provides a separate termination right for the non-breaching Party or to the extent excused by Force Majeure), if such failure is not remedied within thirty (30) days after Notice thereof from the non-breaching Party to the breaching Party; 1.46.1.3. A Party fails to make any payment due and owing under this Agreement, if such failure is not cured within ten (10) Business Days after Notice from the non-breaching Party to the breaching Party; or 1.46.1.4. Any representation or warranty made by a Party (a) is false or misleading in any material respect when made or (b) becomes false or misleading in any material respect during the Term. 1.46.2. With respect to Seller: Page 192 D-23- 11231-0001\2567614v10.doc 1.46.2.1. Seller fails to take all corrective actions specified in any Buyer Notice, within the time frame set forth in such Notice, that the Facility is out of compliance with any term of this Agreement; provided that if such corrective action falls under a specific termination right under Section 12.2.2, then the time frame, if any, set forth for such right shall apply; 1.46.2.2. The Facility has not achieved Commercial Operation by the expected Commercial Operation Date specified in Section 2.6.1 and Seller has not elected to pay daily delay damages pursuant to Section 2.6.4; 1.46.2.3. Subject to Section 11, Seller delivers less than eighty percent (80%) of the applicable Contract Quantity from the Facility to Buyer for a period of two (2) consecutive Contract Years; 1.46.2.4. Seller fails to maintain its status as an ERR as set forth in Section 4.5 of the Agreement; 1.46.2.5. Seller abandons the Facility; 1.46.2.6. Seller installs generating equipment at the Facility that exceeds the Contract Capacity and such excess generating capacity is not removed within five (5) Business Days after Notice from Buyer; 1.46.2.7. Seller delivers or attempts to deliver to the Delivery Point for sale under this Agreement product that was not generated by the Facility; 1.46.2.8. Seller fails to install any of the equipment or devices necessary for the Facility to satisfy the Contract Capacity set forth in Section 3.1; 1.46.2.9. An unauthorized assignment of the Agreement, as set forth in Section 15; 1.46.2.10. Seller fails to reimburse Buyer any amounts due under this Agreement; 1.46.2.11. Seller breaches the requirements in Section 6.12 regarding incentives; or 1.46.2.12. Seller fails to maintain the Collateral Requirement set forth in Section 3.9. 1.46.2.13. The annualized customer load associated with the Facility pursuant to Section 17.76.020 of Chapter 17.76 of (Alternative Energy Systems and Facilities) of Article IV (Site Development Provisions) of Title 17 (Development Code) of the Rancho Page 193 D-24- 11231-0001\2567614v10.doc Cucamonga Municipal Code is less than fifty percent (50%) of the Contract Quantity, as measured over a Contract Year. 1.47. Declaration of an Event of Default. If an Event of Default has occurred, the non-defaulting Party shall have the right to: (a) send Notice, designating a day, no earlier than five (5) days after such Notice and no later than twenty (20) days after such Notice, as an early termination date of this Agreement (“Early Termination Date”); (b) accelerate all amounts owing between the Parties; (c) terminate this Agreement and end the Delivery Term effective as of the Early Termination Date; (d) collect any Settlement Amount under Section 12.5; and (e) if the defaulting party is the Seller and Buyer terminates the Agreement prior to the start of the Commercial Operation Date, Buyer shall have the right to retain the entire Reservation Deposit. 1.48. Suspension of Performance. If an Event of Default shall have occurred, the non-defaulting Party has the right to immediately suspend performance under this Agreement and pursue all remedies available at Law or in equity against the defaulting Party (including monetary damages), except to the extent that such remedies are limited by the terms of this Agreement. 1.49. Calculation of Settlement Amount. 1.49.1. If either Party exercises a termination right under Section 12.3 after the Commercial Operation Date, the non-defaulting Party shall calculate a settlement amount (“Settlement Amount”) equal to the amount of the non- defaulting Party’s aggregate Losses and Costs less any Gains, determined as of the Early Termination Date. Prior to the Commercial Operation Date, the Settlement Amount shall be Zero dollars ($0). 1.49.2. If the non-defaulting Party’s aggregate Gains exceed its aggregate Losses and Costs, if any, determined as of the Early Termination Date, the Settlement Amount shall be Zero dollars ($0). 1.49.3. The Buyer shall not have to enter into replacement transactions to establish a Settlement Amount. 1.49.4. Buyer shall have the right to draw upon the Collateral Requirement to collect any Settlement Amount owed to Buyer. 1.50. Rights and Remedies Are Cumulative. The rights and remedies of the Parties pursuant to this Section 12 shall be cumulative and in addition to the rights of the Parties otherwise provided in this Agreement. 1.51. Duty to Mitigate. Buyer and Seller shall each have a duty to mitigate damages pursuant to this Agreement, and each shall use reasonable efforts to minimize Page 194 D-25- 11231-0001\2567614v10.doc any damages it may incur as a result of the other Party’s non-performance of this Agreement, including with respect to termination of this Agreement. ARTICLE THIRTEEN. GOVERNMENTAL CHARGES 1.52. Governmental Charges. Seller shall pay or cause to be paid all taxes imposed by any Governmental Authority (“Governmental Charges”) on or with respect to the Product or the Transaction arising at the Delivery Point, including, but not limited to, ad valorem taxes and other taxes attributable to the Project, land, land rights or interests in land for the Project. Buyer shall pay or cause to be paid all Governmental Charges on or with respect to the Product or the Transaction from the Delivery Point. In the event Seller is required by Law or regulation to remit or pay Governmental Charges which are Buyer’s responsibility hereunder, Buyer shall reimburse Seller for such Governmental Charges within thirty (30) days of Notice by Seller. If Buyer is required by Law or regulation to remit or pay Governmental Charges which are Seller’s responsibility hereunder, Buyer may deduct such amounts from payments to Seller with respect to payments under the Agreement; if Buyer elects not to deduct such amounts from Seller’s payments, Seller shall reimburse Buyer for such amounts within thirty (30) days of Notice from Buyer. Nothing shall obligate or cause a Party to pay or be liable to pay any Governmental Charges for which it is exempt under the Law. A Party that is exempt at any time and for any reason from one or more Governmental Charges bears the risk that such exemption shall be lost or the benefit of such exemption reduced; and thus, in the event a Party’s exemption is lost or reduced, each Party’s responsibility with respect to such Governmental Charge shall be in accordance with the first four sentences of this Section. ARTICLE FOURTEEN. RELEASE OF INFORMATION AND RECORDING CONVERSATION 1.53. Release of Information. Seller authorizes Buyer to release to the FERC, CEC, CAISO, CPUC, other Governmental Authority, and/or media outlet information regarding the Facility, including the Seller’s name and location, and the size, location and operational characteristics of the Facility, the Term, the ERR type, photographs of the project, the Commercial Operation Date, greenhouse gas emissions data, and the net power rating of the Facility, as requested from time to time pursuant to the CEC’s, CPUC’s or applicable Governmental Authority’s rules and regulations. 1.54. Public Announcements. Seller shall make no public announcement regarding any aspect of this Agreement or the role of Seller in regards to the development or operation of the Project without the prior written consent of Buyer, which consent shall not be unreasonably withheld. Any public announcement by Seller must comply with California Business and Professions Code § 17580.5 and with the Guides for the Use of Environmental Page 195 D-26- 11231-0001\2567614v10.doc Marketing Claims, published by the Federal Trade Commission, as it may be updated from time to time. ARTICLE FIFTEEN. ASSIGNMENT 1.55. General Assignment. Except as provided in Sections 15.2 and 15.3, Seller may not assign this Agreement or its rights hereunder without the prior written consent of the Buyer, which consent shall not be unreasonably withheld or delayed so long as among other things (a) the assignee assumes the Seller’s payment and performance obligations under this Agreement, (b) the assignee agrees in writing to be bound by the terms and conditions hereof, (c) Seller delivers evidence satisfactory to Buyer of the proposed assignee’s technical and financial capability to meet or exceed Seller’s obligations hereunder and (d) the Seller delivers such tax and enforceability assurance as Buyer may reasonably request. 1.56. Assignment to Financing Providers. Seller may assign this Agreement as collateral for any financing or refinancing of the Project (including any tax equity or lease financing) with the prior written consent of the Buyer, which consent shall not be unreasonably withheld or delayed. The Parties agree that, the consent provided to Buyer in accordance with this Section 15.2 shall be in a form substantially similar to the Form of Financing Consent attached hereto as Appendix H; provided that (a) Buyer shall not be required to consent to any additional terms or conditions beyond those contained in Appendix H, including extension of any cure periods or additional remedies for financing providers, and (b) Seller shall be responsible at Buyer’s request for Buyer’s reasonable costs and attorneys’ fees associated with the review, negotiation, execution and delivery of documents in connection with such assignment. 1.57. Notice of Change in Control. Except in connection with public market transactions of the equity interests or capital stock of Seller or Seller’s Affiliates, Seller shall provide Buyer notice of any direct change of control of Seller (whether voluntary or by operation of Law). ARTICLE SIXTEEN. GOVERNING LAW This agreement and the rights and duties of the parties hereunder shall be governed by and construed, enforced, and performed in accordance with the laws of the State of California, without regard to principles of conflicts of law. To the extent enforceable at such time, each party waives its respective right to any jury trial with respect to any litigation arising under or in connection with this agreement. ARTICLE SEVENTEEN. DISPUTE RESOLUTION 1.58. Intent of the Parties. The sole procedure to resolve any claim arising out of or relating to this Agreement is the dispute resolution procedure set forth in this Section 17, except that either Party may seek an injunction in Superior Court in San Bernardino County, California if such action is necessary to prevent Page 196 D-27- 11231-0001\2567614v10.doc irreparable harm, in which case both Parties nonetheless will continue to pursue resolution of all other aspects of the dispute by means of this procedure. 1.59. Management Negotiations. 1.59.1. The Parties will attempt in good faith to resolve any controversy or claim arising out of or relating to this Agreement by prompt negotiations between each Party’s authorized representative, or such other person designated in writing as a representative of the Party (each a “Manager”). Either Manager may request a meeting, to be held in person or telephonically, to initiate negotiations to be held within ten (10) Business Days of the other Party’s receipt of such request, at a mutually agreed time and place. 1.59.2. All communication and writing exchanged between the Parties in connection with these negotiations shall be deemed inadmissible as evidence such that it cannot be used or referred to in any subsequent judicial or arbitration process between the Parties, whether with respect to this dispute or any other. 1.59.3. If the matter is not resolved within forty-five (45) days of commencement of negotiations under Section 17.2.1, or if the Party receiving the written request to meet refuses or does not meet within the ten (10) Business Day period specified in Section 17.2.1, either Party may initiate arbitration of the controversy or claim according to the terms of Section 17.3. 1.60. Arbitration Initiation. If the dispute cannot be resolved by negotiation as set forth in Section 17.2 above, then the Parties shall resolve such controversy through arbitration (“Arbitration”). The Arbitration shall be adjudicated by one retired judge or justice from the JAMS panel. The Arbitration shall take place in San Bernardino County, California, and shall be administered by and in accordance with JAMS’ Commercial Arbitration Rules. If the Parties cannot mutually agree on the arbitrator who will adjudicate the dispute, then JAMS shall provide the Parties with an arbitrator pursuant to its then- applicable Commercial Arbitration Rules. The arbitrator shall have no affiliation with, financial or other interest in, or prior employment with either Party and shall be knowledgeable in the field of the dispute. Either Party may initiate Arbitration by filing with the JAMS a notice of intent to arbitrate at any time following the unsuccessful conclusion of the management negotiations provided for in Section 17.2. ARTICLE EIGHTEEN. MISCELLANEOUS 1.61. Severability. If any provision in this Agreement is determined to be invalid, void or unenforceable by any court having jurisdiction, such determination shall not invalidate, void, or make unenforceable any other provision, agreement or covenant of this Agreement. Any provision of this Agreement Page 197 D-28- 11231-0001\2567614v10.doc held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. 1.62. Counterparts. This Agreement may be executed in one or more counterparts each of which shall be deemed an original and all of which shall be deemed one and the same Agreement. Delivery of an executed counterpart of this Agreement by facsimile or PDF transmission will be deemed as effective as delivery of an originally executed counterpart. Each Party delivering an executed counterpart of this Agreement by facsimile or PDF transmission shall also deliver an originally executed counterpart, but the failure of any Party to deliver an originally executed counterpart of this Agreement shall not affect the validity or effectiveness of this Agreement. 1.63. General. No amendment to or modification of this Agreement shall be enforceable unless reduced to writing and executed by both Parties. This Agreement shall not impart any rights enforceable by any third party other than a permitted successor or assignee bound to this Agreement. Waiver by a Party of any default by the other Party shall not be construed as a waiver of any other default. The term “including” when used in this Agreement shall be by way of example only and shall not be considered in any way to be in limitation. The headings used herein are for convenience and reference purposes only. 1.64. Interpretation. Whenever this Agreement specifically refers to any Law, tariff, Governmental Authority, regional reliability council, Transmission/Distribution Owner, or credit rating agency, the Parties hereby agree that the references also refers to any successor to such Law, tariff or organization. 1.65. Construction. The Agreement will not be construed against any Party as a result of the preparation, substitution, or other event of negotiation, drafting or execution thereof. 1.66. Forward Contract. The Parties acknowledge and agree that this Agreement constitutes a “forward contract” within the meaning of the U.S. Bankruptcy Code, and Buyer and Seller are “forward contract merchants” within the meaning of the U.S. Bankruptcy Code. Each Party further agrees that, for all purposes of this Agreement, each Party waives and agrees not to assert the applicability of the provisions of 11 U.S.C. § 366 in any Bankruptcy proceeding wherein such Party is a debtor. In any such proceeding, each Party further waives the right to assert that the other Party is a provider of last resort to the extent such term relates to 11 U.S.C. §366 or another provision of 11 U.S.C. § 101-1532. 1.67. Change in Electric Market Design. If a change in the CAISO Tariff renders this Agreement or any provisions hereof incapable of being performed or administered, then any Party may request that Buyer and Seller enter into negotiations to make the minimum changes to this Agreement necessary to Page 198 D-29- 11231-0001\2567614v10.doc make this Agreement capable of being performed and administered, while attempting to preserve to the maximum extent possible the benefits, burdens, and obligations set forth in this Agreement as of the Execution Date. Upon delivery of such a request, Buyer and Seller shall engage in such negotiations in good faith. If Buyer and Seller are unable, within sixty (60) days after delivery of such request, to agree upon changes to this Agreement or to resolve issues relating to changes to this Agreement, then any Party may submit issues pertaining to changes to this Agreement to the dispute resolution process set forth in Article 17. Notwithstanding the foregoing, (i) a change in cost shall not in and of itself be deemed to render this Agreement or any of the provisions hereof incapable of being performed or administered, and (ii) all of the unaffected provisions of this Agreement shall remain in full force and effect during any period of such negotiation or dispute resolution. 1.68. Further Assurances. Each of the Parties hereto agrees to provide such information, execute and deliver any instruments and documents and to take such other actions as may be necessary or reasonably requested by the other Party which are not inconsistent with the provisions of this Agreement and which do not involve the assumptions of obligations other than those provided for in this Agreement, to give full effect to this Agreement and to carry out the intent of this Agreement. IN WITNESS WHEREOF, each Party has caused this Agreement to be duly executed by its authorized representative as of the date of last signature provided below. CITY OF RANCHO CUCAMONGA (Seller) (Buyer) (Signature) (Signature) (Type/Print Name) (Type/Print Name) (Title) (Title) (Date) (Date) Page 199 D-30- 11231-0001\2567614v10.doc Appendix A – Definitions “Affiliate” means, with respect to a Party, any entity that, directly or indirectly, through one or more intermediaries, controls, or is controlled by, or is under common control with that Party. “Arbitration" has the meaning set forth in Section 17. “As-Available Facility” means a generating facility that is powered by one of the following sources, except for a de minimis amount of Energy from other sources: (a) wind, (b) solar energy, (c) hydroelectric potential derived from small conduit water distribution facilities that do not have storage capability, or (d) other variable sources of energy that are contingent upon natural forces other than geothermal. “Available Capacity” means the rated alternating current (AC) generating capacity of the Facility, expressed in whole kilowatts, that is available to generate Product. “Bankrupt” means with respect to any entity, such entity: (a) Files a petition or otherwise commences, authorizes or acquiesces in the commencement of a proceeding or cause of action under any bankruptcy, insolvency, reorganization or similar law, or has any such petition filed or commenced against it; (b) Makes an assignment or any general arrangement for the benefit of creditors; (c) Otherwise becomes bankrupt or insolvent (however evidenced); (d) Has a liquidator, administrator, receiver, trustee, conservator or similar official appointed with respect to such entity or any substantial portion of its property or assets; or (e) Is generally unable to pay its debts as they fall due. “Baseload Facility” means a generating facility that does not qualify as an As-Available Facility. “Business Day” means any day except a Saturday, Sunday, a Federal Reserve Bank holiday, or the Friday following Thanksgiving during the hours of 8:00 a.m. and 5:00 p.m. local time for the relevant Party’s principal place of business where the relevant Party in each instance shall be the Party from whom the notice, payment or delivery is being sent. “CAISO” means the California Independent System Operator Corporation or any successor entity performing similar functions. “CAISO Grid” means the system of transmission lines and associated facilities that have been placed under the CAISO’s operational control. “CAISO Tariff” means the CAISO FERC Electric Tariff, Fifth Replacement Volume No. 1, as amended from time to time. Page 200 D-31- 11231-0001\2567614v10.doc “California Renewables Portfolio Standard” means the renewable energy program and policies codified in California Public Utilities Code Sections 399.11 through 399.33 and California Public Resources Code Sections 25740 through 25751, as such provisions may be amended or supplemented from time to time. “Capacity Attributes” means any current or future defined characteristic, certificate, tag, credit, or ancillary service attribute, whether general in nature or specific as to the location or any other attribute of the Project, intended to value any aspect of the capacity of the Project to produce Energy or ancillary services, including, but not limited to, any accounting construct so that the full Contract Capacity of the Project may be counted toward a Resource Adequacy Requirement or any other measure by the CPUC, the CAISO, the FERC, or any other entity invested with the authority under federal or state Law, to require Buyer to procure, or to procure at Buyer’s expense, Resource Adequacy Benefits or other such products. “CEC” means the California Energy Commission or its successor agency. “CEC Certification” means certification by the CEC that the Facility is an ERR and that all Energy produced by the Facility qualifies as generation from an ERR. “CEC Pre-Certification” means provisional certification of the proposed Facility as an ERR by the CEC upon submission by a facility of a complete application and required supplemental information. “Check Meter” means the Buyer revenue-quality meter section(s) or meter(s), which Buyer may require at its discretion, and which will include those devices normally supplied by Buyer or Seller under the applicable utility electric service requirements. “City Manager” means the City Manager of the City of Rancho Cucamonga. “Claiming Party” has the meaning set forth in Section 10.2. “Commercial Operation” means the Contract Capacity has been installed and the Facility is operating and able to produce and deliver the Product to Buyer pursuant to the terms of this Agreement. “Commercial Operation Date” means the date on which the Facility achieves Commercial Operation. “Contract Capacity” means the amount of electric energy generating capacity, set forth in Section 3.1, that Seller commits to install at the Site. “Contract Price” has the meaning set forth in Section 3.6. “Contract Quantity” has the meaning set forth in Section 3.2. “Contract Year” means a period of twelve (12) consecutive months with the first Contract Year commencing on the Commercial Operation Date and each subsequent Contract Year commencing on the anniversary of the Commercial Operation Date. Page 201 D-32- 11231-0001\2567614v10.doc “Costs” means (a) brokerage fees, commissions and other similar third-party transaction costs and expenses reasonably incurred either in terminating any arrangement pursuant to which it has hedged its obligations or in entering into new arrangements which replace the Transaction; and (b) all reasonable attorneys’ fees and expenses incurred in connection with the termination of the Transaction. “CPUC” means the California Public Utilities Commission, or successor entity. “Credit Rating” means, with respect to any entity, (a) the rating then assigned to such entity’s unsecured senior long-term debt obligations (not supported by third party credit enhancements), or (b) if such entity does not have a rating for its unsecured senior long-term debt obligations, then the rating assigned to such entity as an issuer rating by S&P and/or Moody’s. If the entity is rated by both S&P and Moody’s and such ratings are not equivalent, the lower of the two ratings shall determine the Credit Rating. If the entity is rated by either S&P or Moody’s, but not both, then the available rating shall determine the Credit Rating. “Current Inverters” means devices used to convert DC electric energy to alternating current electric energy. “Curtailment Order” means any instruction from Buyer to Seller to reduce the delivery of Energy from the Facility for any reason other than as set forth in Sections 3.6.3 (a) or (b). “DC” means direct current. “DC Collection System” means the DC equipment, cables, components, devices and materials that interconnect the Photovoltaic Modules with the Current Inverters. “Delivered Energy” means all Energy produced from the Facility and delivered by Seller to the Delivery Point, expressed in kWh, as recorded by the meter specified in Section 6.2.1 or the Check Meter, as applicable. “Delivery Point” has the meaning set forth in Section 2.5. “Delivery Term” has the meaning set forth in Section 3.5. “Early Termination Date” has the meaning set forth in Section 12.3. “Eligible Renewable Energy Resource” or “ERR” has the meaning set forth in Public Utilities Code Sections 399.12 or Section 399.16 and California Public Resources Code Section 25741, as these code provision may be amended or supplemented from time to time. “Emergency” means (a) an actual or imminent condition or situation which jeopardizes the integrity of the electric system or the integrity of any other systems to which the electric system is connected or any condition so defined and declared by the CAISO; or (b) an emergency condition as defined under an Interconnection Agreement and any abnormal interconnection or system condition that requires automatic or immediate manual action to prevent or limit loss of load or generation supply, that could adversely affect the reliability of the Page 202 D-33- 11231-0001\2567614v10.doc electric system or generation supply, that could adversely affect the reliability of any interconnected system, or that could otherwise pose a threat to public safety. “Energy” means three-phase, 60-cycle alternating current electric energy measured in kWh, net of Station Use. For purposes of the definition of “Green Attributes,” the word “energy” shall have the meaning set forth in this definition. “Execution Date” means the latest signature date found at the end of the Agreement. “Facility” has the meaning set forth in Section 2. The terms “Facility” or “Project” as used in this Agreement are interchangeable. “FERC” means the Federal Energy Regulatory Commission or any successor government agency. “Force Majeure” means an event or circumstance which prevents one Party from performing its obligations under the Agreement, which event or circumstance was not anticipated as of the Execution Date, which is not within the reasonable control of, or the result of the negligence of, the Claiming Party, and which, by the exercise of due diligence, the Claiming Party is unable to overcome or avoid or cause to be avoided, including war, riot, civil disturbance or disobedience, terrorism, sabotage, strike or labor dispute. Force Majeure does not include: (a) the lack of wind, sun, or other fuel source of an inherently intermittent nature; (b) reductions in generation from the Facility resulting from ordinary wear and tear, deferred maintenance or operator error; or (c) any delay in providing, or cancellation of, interconnection service by a Transmission/Distribution Owner or the CAISO, except to the extent such delay or cancellation is the result of a Force Majeure claimed by the Transmission/Distribution Owner or the CAISO. Force Majeure may include delays in performance or inability to perform or comply with the terms and conditions of this Agreement due to delays in obtaining necessary equipment, labor, or materials or other issues caused by or attributable to pandemics or epidemics, including the disease designated COVID-19 or the related virus designated SARS-CoV-2 or any mutations thereof (collectively, “COVID-19”), if the elements of Force Majeure defined in the first sentence hereof (other than the requirement that the event or circumstance was not anticipated as of the date the Agreement was agreed to) have been satisfied; provided, however, that the general existence of COVID-19 shall not be sufficient to prove the existence of a Force Majeure absent a showing of other facts and circumstances which in the aggregate establish that a Force Majeure as defined in the first sentence hereof (other than the requirement that the event or circumstance was not anticipated as of the date the Agreement was agreed to) has occurred. “Gains” means with respect to any Party, an amount equal to the present value of the economic benefit to it, if any (exclusive of Costs), resulting from the termination of the Transaction, determined in a commercially reasonable manner, subject to Section 12.5. Factors used in determining economic benefit may include, without limitation, reference to information either available to it internally or supplied by one or more third parties, including, without limitation, quotations (either firm or indicative) of relevant rates, prices, yields, yield curves, volatilities, spreads or other relevant market data in the relevant markets, market price referent, market prices for a comparable transaction, forward price curves based on economic analysis of the relevant markets, settlement prices for a comparable transaction at liquid trading platforms Page 203 D-34- 11231-0001\2567614v10.doc (e.g., NYMEX), all of which should be calculated for the remaining Delivery Term to determine the value of the Product. “Governmental Authority” means any federal, state, local or municipal government, governmental department, commission, board, bureau, agency, or instrumentality, or any judicial, regulatory or administrative body, having jurisdiction as to the matter in question. “Governmental Charges” has the meaning set forth in Section 13.1. “Green Attributes” means any and all credits, benefits, emissions reductions, offsets, and allowances, howsoever entitled, attributable to the generation from the Project, and its avoided emission of pollutants. Green Attributes include but are not limited to Renewable Energy Credits, as well as: (1) any avoided emission of pollutants to the air, soil or water such as sulfur oxides (SOx), nitrogen oxides (NOx), carbon monoxide (CO) and other pollutants; (2) any avoided emissions of carbon dioxide (CO2), methane (CH4), nitrous oxide, hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride and other greenhouse gases (GHGs) that have been determined by the United Nations Intergovernmental Panel on Climate Change, or otherwise by law, to contribute to the actual or potential threat of altering the Earth’s climate by trapping heat in the atmosphere; (3) the reporting rights to these avoided emissions, such as Green Tag Reporting Rights. Green Tag Reporting Rights are the right of a Green Tag Purchaser to report the ownership of accumulated Green Tags in compliance with federal or state law, if applicable, and to a federal or state agency or any other party at the Green Tag Purchaser’s discretion, and include without limitation those Green Tag Reporting Rights accruing under Section 1605(b) of The Energy Policy Act of 1992 and any present or future federal, state, or local law, regulation or bill, and international or foreign emissions trading program. Green Tags are accumulated on a MWh basis and one Green Tag represents the Green Attributes associated with one (1) MWh of Energy. Green Attributes do not include (i) any energy, capacity, reliability or other power attributes from the Project, (ii) production tax credits associated with the construction or operation of the Project and other financial incentives in the form of credits, reductions, or allowances associated with the project that are applicable to a state or federal income taxation obligation, (iii) fuel-related subsidies or “tipping fees” that may be paid to Seller to accept certain fuels, or local subsidies received by the generator for the destruction of particular preexisting pollutants or the promotion of local environmental benefits, or (iv) emission reduction credits encumbered or used by the Project for compliance with local, state, or federal operating and/or air quality permits. If the Project is a biomass or biogas facility and Seller receives any tradable Green Attributes based on the greenhouse gas reduction benefits or other emission offsets attributed to its fuel usage, it shall provide Buyer with sufficient Green Attributes to ensure that there are zero net emissions associated with the production of electricity from the Project. “Interconnection Agreement” means the small generator interconnection agreement entered into separately between Seller, Transmission/Distribution Owner, and CAISO (as appropriate) obtained by Seller pursuant to Transmission/Distribution Owner’s Wholesale Distribution Tariff. “Interconnection Facilities” has the meaning set forth in the tariff applicable to the Seller’s Interconnection Agreement. Page 204 D-35- 11231-0001\2567614v10.doc “Interconnection Point” has the meaning set forth in Section 2.3. “Interest Rate” means the rate per annum equal to the “Monthly” Federal Funds Rate (as reset on a monthly basis based on the latest month for which such rate is available) as reported in Federal Reserve Bank Publication H.15-519, or its successor publication. “JAMS” means JAMS, Inc. or its successor entity, a judicial arbitration and mediation service. “kW” means kilowatt. “kWh” means kilowatt-hour. “kWPDC” means peak DC power. “Law” means any statute, law, treaty, rule, regulation, ordinance, code, permit, enactment, injunction, order, writ, decision, authorization, judgment, decree or other legal or regulatory determination or restriction by a court or Governmental Authority of competent jurisdiction, including any of the foregoing that are enacted, amended, or issued after the Execution Date, and which becomes effective during the Delivery Term; or any binding interpretation of the foregoing. “Letter of Credit” means an irrevocable, non-transferable standby letter of credit issued either by a U.S. commercial bank or a foreign bank with a U.S. branch office with a Credit Rating of at least “A-” by S&P and “A3” by Moody’s (without a “credit watch”, “negative outlook” or other rating decline alert if its Credit Rating is “A-” by S&P or “A3” by Moody’s). The Letter of Credit must be substantially in the form as contained in Appendix G to this Agreement; provided that if the Letter of Credit is issued by a branch of a foreign bank, Buyer may require changes to such form. “Losses” means, with respect to any Party, an amount equal to the present value of the economic loss to it, if any (exclusive of Costs), resulting from the termination of the Transaction, determined in a commercially reasonable manner, subject to Section 12.5. Factors used in determining the loss of economic benefit may include, without limitation, reference to information either available to it internally or supplied by one or more third parties including, without limitation, quotations (either firm or indicative) of relevant rates, prices, yields, yield curves, volatilities, spreads or other relevant market data in the relevant markets, market price referent, market prices for a comparable transaction, forward price curves based on economic analysis of the relevant markets, settlement prices for a comparable transaction at liquid trading platforms (e.g. NYMEX), all of which should be calculated for the remaining term of the Transaction to determine the value of the Product. “Manager” has the meaning set forth in Section 17.2. “Mechanical Completion” means that all equipment and systems that are necessary to generate the effective capacity of the Facility are installed. The Facility is mechanically, electrically, and structurally constructed with all control systems installed and connected. The Page 205 D-36- 11231-0001\2567614v10.doc Facility is functionally complete to the extent necessary to begin commissioning and testing of the Facility, though commissioning and testing need not have commenced.” “MW” means megawatt (AC). “MWh” means megawatt-hour. “Notice,” unless otherwise specified in the Agreement, means written communications by a Party to be delivered by hand delivery, United States mail, overnight courier service, facsimile or electronic messaging (e-mail). “Party” means the Buyer or Seller individually, and “Parties” means both collectively. For purposes of Section 16 (Governing Law) the word “party” or “parties” shall have the meaning set forth in this definition. “Phasing Plan” means the plan submitted by Seller to the City of Rancho Cucamonga specifying the phases of the Project and the Contract Capacity associated with each Phase, and further, consistent with the requirements of Section 17.76.020 of Chapter 17.76 of (Alternative Energy Systems and Facilities) of Article IV (Site Development Provisions) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code. “Phasing Plan Transition Event” means the occurrence of an event that transitions the Facility from one Phase to a different Phase as specified in the Phasing Plan. “Photovoltaic Module” means the individual module or component that produces DC electric energy from sun light. “Photovoltaic Module DC Rating” means, for each Photovoltaic Module installed or to be installed at the Site, the number (expressed in kWPDC) stated on the nameplate affixed thereto representing the manufacturer’s maximum (at “peak” sunlight) DC power rating at the standard test condition (“Pmp” or Power maximum at peak). “Product” means all Energy produced by the Facility throughout the Delivery Term, net of Station Use and electrical losses from the Facility to the Delivery Point; all Green Attributes; all Capacity Attributes, if any; and all Resource Adequacy Benefits, if any; generated by, associated with or attributable to the Facility throughout the Delivery Term. “Project” has the meaning set forth in Section 2. The terms “Facility” and “Project” as used in this Agreement are interchangeable. “Prudent Electrical Practices” means those practices, methods and acts that would be implemented and followed by prudent operators of electric energy generating facilities in the Western United States, similar to the Facility, during the relevant time period, which practices, methods and acts, in the exercise of prudent and responsible professional judgment in the light of the facts known at the time the decision was made, could reasonably have been expected to accomplish the desired result consistent with good business practices, reliability and safety. Prudent Electrical Practices shall include, at a minimum, those professionally responsible practices, methods and acts described in the preceding sentence that comply with manufacturers’ Page 206 D-37- 11231-0001\2567614v10.doc warranties, restrictions in this Agreement, and the requirements of Governmental Authorities, WECC standards, the CAISO and Laws. Prudent Electrical Practices also includes taking reasonable steps to ensure that: (a) Equipment, materials, resources, and supplies, including spare parts inventories, are available to meet the Facility’s needs; (b) Sufficient operating personnel are available at all times and are adequately experienced and trained and licensed as necessary to operate the Facility properly and efficiently, and are capable of responding to reasonably foreseeable emergency conditions at the Facility and Emergencies whether caused by events on or off the Site; (c) Preventive, routine, and non-routine maintenance and repairs are performed on a basis that ensures reliable, long term and safe operation of the Facility, and are performed by knowledgeable, trained, and experienced personnel utilizing proper equipment and tools; (d) Appropriate monitoring and testing are performed to ensure equipment is functioning as designed; (e) Equipment is not operated in a reckless manner, in violation of manufacturer’s guidelines or in a manner unsafe to workers, the general public, or the Transmission/Distribution Owner’s electric system or contrary to environmental laws, permits or regulations or without regard to defined limitations such as, flood conditions, safety inspection requirements, operating voltage, current, volt ampere reactive (VAR) loading, frequency, rotational speed, polarity, synchronization, and control system limits; and (f) Equipment and components are designed and manufactured to meet or exceed the standard of durability that is generally used for electric energy generating facilities operating in the Western United States and will function properly over the full range of ambient temperature and weather conditions reasonably expected to occur at the Site and under both normal and emergency conditions. “Renewable Energy Credit” has the meaning set forth in Public Utilities Code Section 399.12(h), as may be amended from time to time or as further defined or supplemented by Law. “Reservation Deposit” means the deposit submitted by Seller to Buyer at the time Seller submitted its application for an Industrial Zoning District Renewable PPA contract, which amount shall equal four dollars ($4.00) for each kilowatt of proposed alternating current (AC) generator capacity. Buyer shall return the Reservation Deposit to Seller once the Project achieves Commercial Operation by crediting Seller the full amount of the Reservation Deposit on Buyer’s first payment for delivered Product. Buyer shall retain the full amount of the Reservation Deposit in the event the Project does not achieve Commercial Operation by the Commercial Operation Date. “Resource Adequacy Benefits” means the rights and privileges attached to the Facility that satisfy any entity’s resource adequacy obligations, as those obligations are set forth in any Page 207 D-38- 11231-0001\2567614v10.doc Resource Adequacy Rulings and shall include any local, zonal, or otherwise locational attributes associated with the Facility. “Resource Adequacy Requirements” has the meaning set forth in Section 4.4.1. “Resource Adequacy Rulings” means any other resource adequacy laws, rules or regulations enacted, adopted or promulgated by any applicable Governmental Authority, as such decisions, rulings, Laws, rules or regulations may be amended or modified from time-to-time during the Delivery Term. “Restricted Period” has the meaning set forth in Section 12.8.1. “Settlement Amount” has the meaning set forth in Section 12.5. “Site” means the real property on which the Facility is, or will be, located, as further described in Appendix D. “Site Control” means the Seller: (a) owns the Site, (b) leases the Site, (c) is the holder of a right-of-way grant or similar instrument with respect to the Site, or (d) prior to the Commercial Operation Date, has the unilaterally exercisable contractual right to acquire or cause to be acquired on its behalf any of (a), (b), or (c). “Station Use” means energy consumed within the Facility’s electric energy distribution system as losses, as well as energy used to operate the Facility’s auxiliary equipment. The auxiliary equipment may include, but is not limited to, forced and induced draft fans, cooling towers, boiler feeds pumps, lubricating oil systems, plant lighting, fuel handling systems, control systems, and sump pumps. This use is not to exceed 1% of average annual output. “Term” has the meaning set forth in Section 3.4.1. “Transaction” means the particular transaction described in Section 3.3. “Transmission/Distribution Owner” means any entity or entities responsible for operating the electric distribution system or transmission system, as applicable, at and beyond the Interconnection Point. “WECC” means the Western Electricity Coordinating Council, the regional reliability council for the Western United States, Northwestern Mexico and Southwestern Canada. “WREGIS” means the Western Renewable Energy Generating Information System or any successor renewable energy tracking program. “WREGIS Certificates” has the same meaning as “Certificate” as defined by WREGIS in the WREGIS Operating Rules and are designated as eligible for complying with the California Renewables Portfolio Standard. Page 208 D-39- 11231-0001\2567614v10.doc “WREGIS Operating Rules” means those operating rules and requirements adopted by WREGIS as of December 2010, as subsequently amended, supplemented or replaced (in whole or in part) from time to time. *** End of Appendix A *** Page 209 D-40- 11231-0001\2567614v10.doc Appendix B – Commercial Operation Date Confirmation Letter In accordance with the terms of that certain Industrial Zoning District Renewable Power Purchase Agreement dated ________(“Agreement”) for the Facility named ________________________ by and between CITY OF RANCHO CUCAMONGA “Buyer”) and ____________________ (“Seller”), this letter serves to document the Parties further agreement that (i) the conditions precedent to the occurrence of the Commercial Operation Date have been satisfied as of this _____ day of _________, ______. This letter shall confirm the Commercial Operation Date, as defined in the Agreement, as the date referenced in the preceding sentence. IN WITNESS WHEREOF, each Party has caused this Agreement to be duly executed by its authorized representative as of the date of last signature provided below: By: By: CITY OF RANCHO CUCAMONGA (Seller) (Buyer) (Signature) (Signature) (Type/Print Name) (Type/Print Name) (Title) (Title) (Date) (Date) *** End of Appendix B *** Page 210 D-41- 11231-0001\2567614v10.doc Appendix C – Forecasting Requirements A. AVAILABLE CAPACITY FORECASTING. Seller shall provide the Available Capacity forecasts described below. [The following bracketed language applies to As-Available solar or wind Projects only] [Seller’s availability forecasts below shall include Project availability and updated status of [The following bracketed language applies to solar Projects only] [photovoltaic panels, inverters, transformers, and any other equipment that may impact availability] or [The following bracketed language applies to wind Projects only] [transformers, wind turbine unit status, and any other equipment that may impact availability].] [The following bracketed language applies to As-Available Product only] Seller shall use commercially reasonable efforts to forecast the Available Capacity of the Project accurately and to transmit such information in a format reasonably acceptable to Buyer. Buyer and Seller shall agree upon reasonable changes to the requirements and procedures set forth below from time-to-time, as necessary. 1. Annual Forecast of Available Capacity. No later than (I) the earlier of July 1 of the first calendar year following the Execution Date or one hundred and eighty (180) days before the first day of the first Contract Year of the Delivery Term (“First Annual Forecast Date”), and (II) on or before July 1 for each calendar year from the First Annual Forecast Date for every subsequent Contract Year during the Delivery Term, Seller shall provide to Buyer a non-binding forecast of the hourly Available Capacity for each day in each month of the following calendar year in a form reasonably acceptable to Buyer. 2. Monthly Forecast of Available Capacity. Ten (10) Business Days before the beginning of each month during the Delivery Term, Seller shall provide to Buyer a non- binding forecast of the hourly Available Capacity for each day of the following month in a form reasonably acceptable to Buyer. *** End of Appendix C *** Page 211 D-42- 11231-0001\2567614v10.doc Appendix D – Description of the Facility Seller should complete the information below and attach a description of the Facility, including a summary of its significant components, a drawing showing the general arrangements of the Facility, and a single line diagram illustrating the interconnection of the Facility and loads with Buyer’s electric distribution system. Name of the Facility: Address of the Facility: Description of the Facility, including a summary of its significant components, such as for solar photovoltaic [Photovoltaic Modules, DC Collection System, Current Inverters], meteorological station, instrumentation and any other related electrical equipment: Drawing showing the general arrangement of the Facility: A single-line diagram illustrating the interconnection of the Facility with Buyer: A legal description of the Site, including a Site map: Longitude and latitude of the centroid of the Site: *** End of Appendix D *** Page 212 D-43- 11231-0001\2567614v10.doc APPENDIX E – INDUSTRIAL ZONING DISTRICT RENEWABLE PPA MILESTONES AND EXAMPLE ACTION STEPS Action Deadline Date Completed Responsible Party Step 1: Submit Application Seller Step 2: Approve Application Buyer Step 3: Sign Conditional PPA Both Step 4: Acquire Interconnection Agreement Seller Step 4A: Submit copy of Interconnection Agreement to Buyer Seller Step 5: Submit confirmation of RPS precertification requirement and provide Copy of precertification application to Buyer Seller Step 6: File Project with WREGIS and submit proof to Buyer. Seller Step 7: Pay Interconnection Fee and submit proof to Buyer. Seller Step 8: Acquire Conditional Use Permit and Construction Permits Seller Step 8A: Submit proof of permits to Buyer. Seller Step 9: Notify Buyer 10 days prior to construction start. Seller Step 10: Submit proof of insurance to Buyer. Seller Step 11: Mechanical Completion. Seller Step 12: Notify Buyer 30 days in advance of the Commercial Operation Date. Seller Step 12: Commercial Operation Date Seller Step 13: Submit application for certification to CEC. Seller *** End of Appendix E *** Page 213 D-44- 11231-0001\2567614v10.doc Appendix F – Delivery Term Contract Quantity Schedule Dated: XXXXX XX, 20XX Delivery Term Contract Quantity Schedule Contract Year Contract Quantity (kWh/Yr) Phase Effective Date 1 Phase 1 XXXXX XX, 20XX 2 Phase 1 XXXXX XX, 20XX 3 Phase 1 XXXXX XX, 20XX 4 Phase 1 XXXXX XX, 20XX 5 Phase 1 XXXXX XX, 20XX 6 Phase 1 XXXXX XX, 20XX 7 Phase 1 XXXXX XX, 20XX 8 Phase 1 XXXXX XX, 20XX 9 Phase 1 XXXXX XX, 20XX 10 Phase 1 XXXXX XX, 20XX 11 Phase 1 XXXXX XX, 20XX 12 Phase 1 XXXXX XX, 20XX 13 Phase 1 XXXXX XX, 20XX 14 Phase 1 XXXXX XX, 20XX 15 Phase 1 XXXXX XX, 20XX 16 Phase 1 XXXXX XX, 20XX 17 Phase 1 XXXXX XX, 20XX 18 Phase 1 XXXXX XX, 20XX 19 Phase 1 XXXXX XX, 20XX 20 Phase 1 XXXXX XX, 20XX 21 Phase 1 XXXXX XX, 20XX 22 Phase 1 XXXXX XX, 20XX 23 Phase 1 XXXXX XX, 20XX 24 Phase 1 XXXXX XX, 20XX 25 Phase 1 XXXXX XX, 20XX *** End of Appendix F*** Page 214 D-45- 11231-0001\2567614v10.doc Appendix G – Notices List Name: ______(“Seller”) Name: CITY OF RANCHO CUCAMONGA, a (“Buyer” or “RCMU”) All Notices: [Seller to complete] All Notices: Delivery Address: Delivery Address: Street: City: State: Zip: Mail Address: (if different from above) Mail Address: Attn: Attn: Phone: Phone: Facsimile: Facsimile: DUNS: DUNS: Federal Tax ID Number: Federal Tax ID Number: Invoices: Invoices: Attn: Attn: Phone: Phone: Facsimile: Facsimile: Payments: Payments: Attn: Attn: Phone: Phone: Facsimile: Facsimile: Wire Transfer: Wire Transfer: BNK: ABA: ACCT: BNK: ABA: ACCT: Credit and Collections: Credit and Collections: Attn: Attn: Phone: Phone: Facsimile: Facsimile: With additional Notices of an Event of Default to Contract Manager: Contract Manager: Attn: Attn: Page 215 D-46- 11231-0001\2567614v10.doc Phone: Phone: Facsimile: *** End of Appendix G*** Page 216 D-47- 11231-0001\2567614v10.doc Appendix H – FORM OF LETTER OF CREDIT Issuing Bank Letterhead and Address STANDBY LETTER OF CREDIT NO. XXXXXXXX Date: [insert issue date] Beneficiary: City of Rancho Cucamonga Applicant: [Insert name and address of Applicant] Attention: Letter of Credit Amount: [insert amount] Expiry Date: [insert expiry date] Ladies and Gentlemen: By order of [insert name of Applicant] (“Applicant”), we hereby issue in favor of City of Rancho Cucamonga (the “Beneficiary”) our irrevocable standby letter of credit No. [insert number of letter of credit] (“Letter of Credit”), for the account of Applicant, for drawings up to but not to exceed the aggregate sum of U.S. $ [insert amount in figures followed by (amount in words)] (“Letter of Credit Amount”). This Letter of Credit is available with [insert name of issuing bank, and the city and state in which it is located] by sight payment, at our offices located at the address stated below, effective immediately, and it will expire at our close of business on [insert expiry date] (the “Expiry Date”). Funds under this Letter of Credit are available to the Beneficiary against presentation of the following documents: 1. Beneficiary’s signed and dated sight draft in the form of Exhibit A hereto, referencing this Letter of Credit No. [insert number] and stating the amount of the demand; and 2. One of the following statements signed by an authorized representative or officer of Beneficiary: A. “Pursuant to the terms of that certain [insert name of the agreement] (the “Agreement”), dated [insert date of the Agreement], between Beneficiary and [insert name of Seller under the Agreement], Beneficiary is entitled to draw under Letter of Page 217 D-48- 11231-0001\2567614v10.doc Credit No. [insert number] amounts owed by [insert name of Seller under the Agreement] under the Agreement; or B. “Letter of Credit No. [insert number] will expire in thirty (30) days or less and [insert name of Seller under the Agreement] has not provided replacement security acceptable to Beneficiary. Special Conditions: 1. Partial and multiple drawings under this Letter of Credit are allowed; 2. All banking charges associated with this Letter of Credit are for the account of the Applicant; 3. This Letter of Credit is not transferable; and 4. The Expiry Date of this Letter of Credit shall be automatically extended without a written amendment for a period of one year and on each successive Expiry Date, unless at least sixty (60) days before the then current Expiry Date, we notify you by registered mail or courier that we elect not to extend the Expiry Date of this Letter of Credit for such additional period. We engage with you that drafts drawn under and in compliance with the terms of this Letter of Credit will be duly honored upon presentation, on or before the Expiry Date (or after the Expiry Date as provided below), at our offices at [insert issuing bank’s address for drawings]. All demands for payment shall be made by presentation of originals or copies of documents; or by facsimile transmission of documents to [insert fax number], Attention: [insert name of issuing bank’s receiving department], with originals or copies of documents to follow by overnight mail. If presentation is made by facsimile transmission, you may contact us at [insert phone number] to confirm our receipt of the transmission. Your failure to seek such a telephone confirmation does not affect our obligation to honor such a presentation. Our payments against complying presentations under this Letter of Credit will be made no later than on the sixth (6th) banking day following a complying presentation. Except as stated herein, this Letter of Credit is not subject to any condition or qualification. It is our individual obligation, which is not contingent upon reimbursement and is not affected by any agreement, document, or instrument between us and the Applicant or between the Beneficiary and the Applicant or any other party. Except as otherwise specifically stated herein, this Letter of Credit is subject to and governed by the Uniform Customs and Practice for Documentary Credits, 2007 Revision, International Chamber of Commerce (ICC) Publication No. 600 (the “UCP 600”); provided that, if this Letter of Credit expires during an interruption of our business as described in Article 36 of the UCP 600, we will honor drafts presented in compliance with this Letter of Credit within thirty (30) days after the resumption of our business and effect payment accordingly. The law of the State of California shall apply to any matters not covered by the UCP 600. Page 218 D-49- 11231-0001\2567614v10.doc For telephone assistance regarding this Letter of Credit, please contact us at [insert number and any other necessary details]. Very truly yours, [insert name of issuing bank] By: Authorized Signature Name: [print or type name] Title: *** End of Appendix H*** Page 219 D-50- 11231-0001\2567614v10.doc Appendix I – FORM OF CONSENT TO ASSIGNMENT CONSENT AND AGREEMENT This CONSENT AND AGREEMENT (“Consent and Agreement”) is entered into as of [_______ __, 2___], between CITY OF RANCHO CUCAMONGA (“RCMU”), and [_________________] , as collateral agent (in such capacity, “Financing Provider”), for the benefit of various financial institutions (collectively, the “Secured Parties”) providing financing to [_______] (“Seller”). RCMU, Seller, and the Financing Provider shall each individually be referred to as a “Party” and collectively as the “Parties”. Recitals A. Pursuant to that certain Power Purchase Agreement dated as of _____________, 2___ (as amended, modified, supplemented or restated from time to time, as including all related agreements, instruments and documents, collectively, the “Assigned Agreement”) between RCMU and Seller, RCMU has agreed to purchase energy from Seller. B. The Secured Parties have provided, or have agreed to provide, to Seller financing (including a financing lease) pursuant to one or more agreements (the “Financing Documents”), and require that Financing Provider be provided certain rights with respect to the “Assigned Agreement” and the “Assigned Agreement Accounts,” each as defined below, in connection with such financing. C. In consideration for the execution and delivery of the Assigned Agreement, RCMU has agreed to enter into this Consent and Agreement for the benefit of Seller. Agreement 1. Definitions. Any capitalized term used but not defined herein shall have the meaning specified for such term in the Assigned Agreement. 2. Consent. Subject to the terms and conditions below, RCMU consents to and approves the pledge and assignment by Seller to Financing Provider pursuant to the Loan Agreement and/or Security Agreement of (a) the Assigned Agreement, and (b) the accounts, revenues and proceeds of the Assigned Agreement (collectively, the “Assigned Agreement Accounts”). 3. Limitations on Assignment. Financing Provider acknowledges and confirms that, notwithstanding any provision to the contrary under applicable law or in any Financing Document executed by Seller, Financing Provider shall not assume, sell or otherwise dispose of the Assigned Agreement (whether by foreclosure sale, conveyance in lieu of foreclosure or otherwise) unless, on or before the date of any such assumption, sale or disposition, Financing Provider or any third party, as the case may be, assuming, purchasing or otherwise acquiring the Page 220 D-51- 11231-0001\2567614v10.doc Assigned Agreement (a) cures any and all defaults of Seller under the Assigned Agreement which are capable of being cured and which are not personal to the Seller, (b) executes and delivers to RCMU a written assumption of all of Seller’s rights and obligations under the Assigned Agreement in form and substance reasonably satisfactory to RCMU, (c) otherwise satisfies and complies with all requirements of the Assigned Agreement, (d) provides such tax and enforceability assurance as RCMU may reasonably request, and (e) is a Permitted Transferee (as defined below). Financing Provider further acknowledges that the assignment of the Assigned Agreement and the Assigned Agreement Accounts is for security purposes only and that Financing Provider has no rights under the Assigned Agreement or the Assigned Agreement Accounts to enforce the provisions of the Assigned Agreement or the Assigned Agreement Accounts unless and until an event of default has occurred and is continuing under the Financing Documents between Seller and Financing Provider (a “Financing Default”), in which case Financing Provider shall be entitled to all of the rights and benefits and subject to all of the obligations which Seller then has or may have under the Assigned Agreement to the same extent and in the same manner as if Financing Provider were an original party to the Assigned Agreement. “Permitted Transferee” means any person or entity who is reasonably acceptable to RCMU. Financing Provider may from time to time, following the occurrence of a Financing Default, notify RCMU in writing of the identity of a proposed transferee of the Assigned Agreement, which proposed transferee may include Financing Provider, in connection with the enforcement of Financing Provider’s rights under the Financing Documents, and RCMU shall, within thirty (30) business days of its receipt of such written notice, confirm to Financing Provider whether or not such proposed transferee is a “Permitted Transferee” (together with a written statement of the reason(s) for any negative determination) it being understood that if RCMU shall fail to so respond within such thirty (30) business day period such proposed transferee shall be deemed to be a “Permitted Transferee”. 4. Cure Rights. (a) Notice to Financing Provider by RCMU. RCMU shall, concurrently with the delivery of any notice of an event of default under the Assigned Agreement (each, an “Event of Default”) to Seller (a “Default Notice”), provide a copy of such Default Notice to Financing Provider pursuant to Section 9(a) of this Consent and Agreement. In addition, Seller shall provide a copy of the Default Notice to Financing Provider the next business day after receipt from RCMU, independent of any agreement of RCMU to deliver such Default Notice. (b) Cure Period Available to Financing Provider Prior to Any Termination by RCMU. Upon the occurrence of an Event of Default, subject to (i) the expiration of the relevant cure periods provided to Seller under the Assigned Agreement, and (ii) Section 4(a) above, RCMU shall not terminate the Assigned Agreement unless it or Seller provides Financing Provider with notice of the Event of Default and affords Financing Provider an Additional Cure Period (as defined below) to cure such Event of Default. For purposes of this Agreement “Additional Cure Period” means (i) with respect to a monetary default, ten (10) days in addition to the cure period (if any) provided to Seller in the Assigned Agreement, and (ii) with respect to a non-monetary default, thirty (30) days in addition to the cure period (if any) provided to Seller in the Assigned Agreement. Page 221 D-52- 11231-0001\2567614v10.doc (c) Failure by RCMU to Deliver Default Notice. If neither RCMU nor Seller delivers a Default Notice to Financing Provider as provided in Section 4(a), the Financing Provider’s applicable cure period shall begin on the date on which notice of an Event of Default is delivered to Financing Provider by either RCMU or Seller. Except for a delay in the commencement of the cure period for Financing Provider and a delay in RCMU’s ability to terminate the Assigned Agreement (in each case only if both RCMU and Seller fail to deliver notice of an Event of Default to Financing Provider), failure of RCMU to deliver any Default Notice shall not waive RCMU’s right to take any action under the Assigned Agreement and will not subject RCMU to any damages or liability for failure to provide such notice. (d) Extension for Foreclosure Proceedings. If possession of the Project (as defined in the Assigned Agreement) is necessary for Financing Provider to cure an Event of Default and Financing Provider commences foreclosure proceedings against Seller within thirty (30) days of receiving notice of an Event of Default from RCMU or Seller, whichever is received first, Financing Provider shall be allowed a reasonable additional period to complete such foreclosure proceedings, such period not to exceed ninety (90) days; provided, however, that Financing Provider shall provide a written notice to RCMU that it intends to commence foreclosure proceedings with respect to Seller within ten (10) business days of receiving a notice of such Event of Default from RCMU or Seller, whichever is received first. In the event Financing Provider succeeds to Seller’s interest in the Project as a result of foreclosure proceedings, the Financing Provider or a purchaser or grantee pursuant to such foreclosure shall be subject to the requirements of Section 3 of this Consent and Agreement. 5. Setoffs and Deductions. Each of Seller and Financing Provider agrees that RCMU shall have the right to set off or deduct from payments due to Seller each and every amount due RCMU from Seller whether or not arising out of or in connection with the Assigned Agreement. Financing Provider further agrees that it takes the assignment for security purposes of the Assigned Agreement and the Assigned Agreement Accounts subject to any defenses or causes of action RCMU may have against Seller. 6. No Representation or Warranty. Seller and Financing Provider each recognizes and acknowledges that RCMU makes no representation or warranty, express or implied, that Seller has any right, title, or interest in the Assigned Agreement or as to the priority of the assignment for security purposes of the Assigned Agreement or the Assigned Agreement Accounts. Financing Provider is responsible for satisfying itself as to the existence and extent of Seller’s right, title, and interest in the Assigned Agreement, and Financing Provider releases RCMU from any liability resulting from the assignment for security purposes of the Assigned Agreement and the Assigned Agreement Accounts. 7. Amendment to Assigned Agreement. Financing Provider acknowledges and agrees that RCMU may agree with Seller to modify or amend the Assigned Agreement, and that RCMU is not obligated to notify Financing Provider of any such amendment or modification to the Assigned Agreement. Financing Provider hereby releases RCMURCMU from all liability arising out of or in connection with the making of any amendment or modification to the Assigned Agreement. Page 222 D-53- 11231-0001\2567614v10.doc 8. Payments under Assigned Agreement. RCMU shall make all payments due to Seller under the Assigned Agreement from and after the date hereof to [__________], as depositary agent, to ABA No. [__________], Account No. [__________], and Seller hereby irrevocably consents to any and all such payments being made in such manner. Each of Seller, RCMU and Financing Provider agrees that each such payment by RCMU to such depositary agent of amounts due to Seller from RCMU under the Assigned Agreement shall satisfy RCMU’s corresponding payment obligation under the Assigned Agreement. 9. Miscellaneous. (a) Notices. All notices hereunder shall be in writing and shall be deemed received (i) at the close of business of the date of receipt, if delivered by hand or by facsimile or other electronic means, or (ii) when signed for by recipient, if sent registered or certified mail, postage prepaid, provided such notice was properly addressed to the appropriate address indicated on the signature page hereof or to such other address as a party may designate by prior written notice to the other parties, at the address set forth below: If to Financing Provider: Name: Address: Attn: Telephone: Facsimile: Email: If to RCMU: Name: Address: Attn: Telephone: Facsimile: Email: (b) No Assignment. This Consent and Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of RCMU, and shall be binding on and inure to the benefit of the Financing Provider, the Secured Parties and their respective successors and permitted transferees and assigns under the loan agreement and/or security agreement. Page 223 D-54- 11231-0001\2567614v10.doc (c) No Modification. This Consent and Agreement is neither a modification of nor an amendment to the Assigned Agreement. (d) Choice of Law. The parties hereto agree that this Consent and Agreement shall be construed and interpreted in accordance with the laws of the State of California, excluding any choice of law rules which may direct the application of the laws of another jurisdiction. (e) No Waiver. No term, covenant or condition hereof shall be deemed waived and no breach excused unless such waiver or excuse shall be in writing and signed by the party claimed to have so waived or excused. (f) Counterparts. This Consent and Agreement may be executed in one or more duplicate counterparts, and when executed and delivered by all the parties listed below, shall constitute a single binding agreement. (g) No Third Party Beneficiaries. There are no third party beneficiaries to this Consent and Agreement. (h) Severability. The invalidity or unenforceability of any provision of this Consent and Agreement shall not affect the validity or enforceability of any other provision of this Consent and Agreement, which shall remain in full force and effect. (i) Amendments. This Consent and Agreement may be modified, amended, or rescinded only by writing expressly referring to this Consent and Agreement and signed by all parties hereto. IN WITNESS WHEREOF, each of RCMU and Financing Provider has duly executed this Consent and Agreement as of the date first written above. City of Rancho Cucamonga (RCMU) By: _________________________________ Name: _______________________________ Title: ________________________________ [____________________________________] (Financing Provider), as collateral agent By: _________________________________ Name: _______________________________ Title: ________________________________ Page 224 D-55- 11231-0001\2567614v10.doc ACKNOWLEDGEMENT The undersigned hereby acknowledges the Consent and Agreement set forth above, makes the agreements set forth therein as applicable to Seller, including the obligation of Seller to provide a copy of any Default Notice it receives from RCMU to Financing Provider the next business day after receipt by Seller, and confirms that the Financing Provider identified above and the Secured Parties have provided or are providing financing to the undersigned. [________________________][name of Seller] By: _________________________________ Name: _______________________________ Title: ________________________________ *** End of Appendix I*** Page 225 E-1 11231-0001\2567614v10.doc Exhibit “E” RCMU Connections Page 226 Conditions of Approval Community Development Department Project #: DRC2020-00202 DRC2020-00213, DRC2020-00265, DRC2020-00266, DRC2020-00267, DRC2020-00312, DRC2021-00180, SUBTPM20271 Project Name: EDR - Bridge Point Rancho Cucamonga Location: 12434 4TH ST - 022928350-0000 Project Type: Design Review Development Agreement, General Plan Amendment, Sign Permit Notice of Filing, Tentative Parcel Map, Tree Removal Permit, Zoning Map AmendmentALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions The project shall comply with all mitigation measures identified in the Environmental Impact Report SCH No. (2020100056) and the corresponding Mitigation Monitoring and Report Program. 1. No more than 10% of the building space shall be used for high-cube cold storage warehouse space, consistent with analyses conducted in the Environmental Impact Report. 2. Use of natural gas and installation of required infrastructure is prohibited and any modification to this prohibition may be subject to additional review under CEQA. 3. No sort use shall be operated on the Site during the operation of the project. A sort use means a fulfillment center that ships out smaller items, requiring extensive sorting, typically by manual means, as defined in the ITE Manual, and as further described in the project’s Draft EIR. 4. The final hydrology shall be submitted to City of Ontario for review and approval.5. The project will need to obtain an encroachment permit from the City of Ontario for any proposed work impacting City of Ontario right-of-way including, but not limited to, traffic control. 6. Standard Conditions of Approval For commercial and industrial projects, paint roll-up doors and service doors to match main building colors. 7. The applicant shall sign the Statement of Agreement and Acceptance of Conditions of Approval provided by the Planning Department. The signed Statement of Agreement and Acceptance of Conditions of Approval shall be returned to the Planning Department prior to the submittal of grading/construction plans for plan check, request for a business license, and/or commencement of the approved activity. 8. The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. In the event such a legal action is filed, the City shall estimate its expenses for litigation. The applicant shall deposit such amount with the City or enter into an agreement with the City to pay such expenses as they become due. 9. www.CityofRC.us Printed: 10/21/2021 Page 227 Project #: DRC2020-00202 DRC2020-00213, DRC2020-00265, DRC2020-00266, DRC2020-00267, DRC2020-00312, DRC2021-00180, SUBTPM20271 Project Name: EDR - Bridge Point Rancho Cucamonga Location: 12434 4TH ST - 022928350-0000 Project Type: Design Review Development Agreement, General Plan Amendment, Sign Permit Notice of Filing, Tentative Parcel Map, Tree Removal Permit, Zoning Map AmendmentALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval Copies of the signed Planning Commission Resolution of Approval or Approval Letter, Conditions of Approval, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 10. The applicant shall be required to pay California Department of Fish and Wildlife Notice of Determination & Environmental Impact Report fee pursuant to CDFW's current fee schedule, including all County processing fees. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Department within 5 days of the approval of the project by Planning Commission/City Council. 11. Any approval shall expire if Building Permits are not issued or approved use has not commenced within 2 years from the date of approval or a time extension has been granted. 12. Any modification or intensification of the approved use, including revisions in the operations of the business that is approved by this Minor Use Use Permit; improvements including new building construction; and/or other modifications/intensification beyond what is specifically approved by this Minor Use Permit, shall require the review and approval by the necessary discretionary body prior to submittal of documents for plan check/occupancy, construction, commencement of the activity, and/or issuance of a business license. The Planning Director may determine that modifications or intensifications of use require the submittal of an application to modify this Minor Use Permit for review by the City. 13. This project is subject to public art requirement outlined in Chapter 17.124 of the Development Code, in accordance with Development Agreement DRC2021-00180. The applicant shall be required to install art onsite pursuant to Development Code Section 17.124 with a minimum value of $200,000, pursuant to Development Agreement DRC2021-00180. No final approval, such as a final inspection or the a issuance of a Certificate of Occupancy, for any development project (or if a multi-phased project, the final phase of a development project) that is subject to this requirement shall occur unless the public art requirement has been fulfilled to the satisfaction of the Planning Department. 14. This tentative tract map or tentative parcel map shall expire, unless extended by the Planning Commission, unless a complete final map is filed with the Engineering Services Department within 3 years from the date of the approval. 15. Existing trees required to be preserved in place shall be protected with a construction barrier in accordance with the Development Code Section 17.80.050, and so noted on the grading plans. The location of those trees to be preserved in place and new locations for transplanted trees shall be shown on the detailed landscape plans. The applicant shall follow all of the arborist's recommendations regarding preservation, transplanting, and trimming methods. 16. Front yard and corner side yard landscaping and irrigation shall be required per the Development Code and/or . This requirement shall be in addition to the required street trees and slope planting. 17. www.CityofRC.us Page 2 of 23Printed: 10/21/2021 Page 228 Project #: DRC2020-00202 DRC2020-00213, DRC2020-00265, DRC2020-00266, DRC2020-00267, DRC2020-00312, DRC2021-00180, SUBTPM20271 Project Name: EDR - Bridge Point Rancho Cucamonga Location: 12434 4TH ST - 022928350-0000 Project Type: Design Review Development Agreement, General Plan Amendment, Sign Permit Notice of Filing, Tentative Parcel Map, Tree Removal Permit, Zoning Map AmendmentALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval A detailed landscape and irrigation plan, including slope planting and model home landscaping in the case of residential development, shall be prepared by a licensed landscape architect and submitted for Planning Director review and approval prior to the issuance of Building Permits for the development or prior final map approval in the case of a custom lot subdivision. For development occurring in the Very High Fire Hazard Severity Zone, the landscape plans will also be reviewed by Fire Construction Services. 18. Landscaping and irrigation systems required to be installed within the public right-of-way on the perimeter of this project area shall be continuously maintained by the developer. 19. The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included in the required landscape plans and shall be subject to Planning Director review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Services Department. 20. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community, Specific Plans and/or Master Plans in effect at the time of Building Permit issuance. 21. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination and in conformance with Building and Safety Services Department standards, the Municipal Code and the Rancho Cucamonga Fire Department (RCFD) Standards. 22. The site shall be developed and maintained in accordance with the approved plans which include all applicable Site Plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Department, the conditions contained herein and the Development Code regulations. 23. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the Planning Director. 24. Trash receptacle(s) are required and shall meet City standards. The final design, locations, and the number of trash receptacles shall be subject to Planning Director review and approval prior to the issuance of Building Permits. 25. The proposed public street shall be named Catherine Bridge Place. This street name shall be submitted for Planning Director review and approval in accordance with the adopted Street Naming Policy prior to approval of the final map 26. www.CityofRC.us Page 3 of 23Printed: 10/21/2021 Page 229 Project #: DRC2020-00202 DRC2020-00213, DRC2020-00265, DRC2020-00266, DRC2020-00267, DRC2020-00312, DRC2021-00180, SUBTPM20271 Project Name: EDR - Bridge Point Rancho Cucamonga Location: 12434 4TH ST - 022928350-0000 Project Type: Design Review Development Agreement, General Plan Amendment, Sign Permit Notice of Filing, Tentative Parcel Map, Tree Removal Permit, Zoning Map AmendmentALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval All Double Detector Checks (DDC) and Fire Department Connections (FDC) required and/or proposed shall be installed at locations that are not within direct view or line-of-sight of the office corner of the building. The specific locations of each DDC and FDC shall require the review and approval of the Planning Department and Fire Construction Services/Fire Department. All Double Detector Checks (DDC) and Fire Department Connections (FDC) screened behind a 4-foot high wall. For this project, these walls shall be constructed of poured in-place concrete with design elements incorporated to match the building Decorative paving shall be provided at each vehicle entrance to the site, behind the public right-of-way. These decoratively paved areas shall extend from the front property line to the building setback line and have a width equal to that of the driveway. 27. Downspouts shall not be visible from the exterior of any elevations of the buildings. All downspouts shall be routed through the interior of the building walls. 28. Engineering Services Department Please be advised of the following Special Conditions The applicant shall construct a public street along with east side of the project between 4th Street and 6th Street. The public street shall be a full width Industrial Street meeting the City Standard Plan 100-A. 1. (At-Grade Crossing) This project shall construct at-grade crossing improvements through the rail road along 6th Street. The developer shall be eligible for reimbursement of one-half the cost of the 6th Street at-grade crossing from future developments as they occur on APN: 0229-283-79. 2. The street lights shall be owned by the City. Developer shall be responsible to coordinate and pay all costs of street lights and to provide power to City owned street lights. 3. Development Impact Fees Due Prior to Building Permit Issuance: (Subject to Change / Periodic Increases - Refer to current fee schedule to determine current amounts) Drainage Impact Fee Transportation Impact Fee Police Impact Fee 4. www.CityofRC.us Page 4 of 23Printed: 10/21/2021 Page 230 Project #: DRC2020-00202 DRC2020-00213, DRC2020-00265, DRC2020-00266, DRC2020-00267, DRC2020-00312, DRC2021-00180, SUBTPM20271 Project Name: EDR - Bridge Point Rancho Cucamonga Location: 12434 4TH ST - 022928350-0000 Project Type: Design Review Development Agreement, General Plan Amendment, Sign Permit Notice of Filing, Tentative Parcel Map, Tree Removal Permit, Zoning Map AmendmentALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Please be advised of the following Special Conditions 1) Electric: The Rancho Cucamonga Municipal Utility (RCMU) shall be the electrical service provider for all project related development. The Developer shall execute a Line Extension Agreement for electric service and shall construct electrical distribution facilities in accordance with such agreement and RCMU requirements and dedicate such facilities to the Rancho Cucamonga Municipal Utility. RCMU’s proposed underground electric system will be located off of Etiwanda Ave and Sixth Street East of the proposed development. 2) Fiber: The proposed development is slated to be included in the City’s Fiber Optic Master Plan that would provide a City owned Fiber-to-the-Premise (FTTP) infrastructure. The City will require the developer to install a 1-4” UG Fiber Optic dark conduit on the frontage of the development (along the South side of Sixth Street) along the project boundary along with a 3’x4’x3’ pullbox on each end of the route and into the project boundary. The size, placement and location of the conduit and vaults shall be shown on the Street Improvement and/or Public Improvement Plans and subject to the Engineering Services Department's review and approval prior to the issuance of building permits or final map approval, whichever comes first. On site, the City will require 1-2” UG HDPE or equal fiber optic conduit to be placed underground within a duct and structure system to be installed joint trench by the Developer per Standard Drawing 135-137 and interconnected into the City's 4" fiber optic conduit. The size, placement and location of the conduit and/or vaults shall run into each of the development’s individual telecommunication room and be shown on the final dry utility onsite substructure plans and subject to the Engineering Services Department's review and approval prior to the issuance of building permits or final map approval, whichever comes first. 5. The applicant shall modify the existing traffic signal at the intersection of 4th Street and the Barrington Avenue to incorporate the new public street into an offset intersection with Barrington Avenue controlled by a single traffic signal. Furnish and install new traffic signal equipment as necessary per Caltrans standard plans and specifications plus 2019 revision, and City standard drawings. Furnish and install the necessary infrastructure to connect the signal to the adjacent signals at 4th Street and Etiwanda, and 4th Street and Santa Anita Avenues. 6. www.CityofRC.us Page 5 of 23Printed: 10/21/2021 Page 231 Project #: DRC2020-00202 DRC2020-00213, DRC2020-00265, DRC2020-00266, DRC2020-00267, DRC2020-00312, DRC2021-00180, SUBTPM20271 Project Name: EDR - Bridge Point Rancho Cucamonga Location: 12434 4TH ST - 022928350-0000 Project Type: Design Review Development Agreement, General Plan Amendment, Sign Permit Notice of Filing, Tentative Parcel Map, Tree Removal Permit, Zoning Map AmendmentALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Please be advised of the following Special Conditions Prior to the issuance of grading permits, the applicant shall submit for review plans for improvements identified below, these improvements shall be completed no later than issuance of the certificate of occupancy of the project's first building. 1. At the intersection of Etiwanda Ave. and Foothill Blvd. A. Modify the traffic signal to optimize coordination timing along Foothill Blvd between the I-15 and East Ave and implement a 140-second cycle length during the PM peak hour. B. Submit to the City fair share contributions to construct the addition of a second northbound left turn lane, a third eastbound through lane, and a third westbound through lane in the amount of $37,089. 2. At the intersection of the I-15 southbound ramps and Ontario Mills Dr./4th St. A. Restripe the southbound approach to provide one left turn lane, one through lane, and dual right turn lanes. B. Modify the existing traffic signal to implement a 130-second cycle length and overlap phasing for the northbound, southbound, and westbound right turn lanes. 3. At the intersection of the I-15 northbound ramps and 4th St. A. Modify the existing traffic signal to implement a 130-second cycle length. 7. Bus Stop: The developer shall construct a new bus shelter at the existing bus stop along the project frontage on 4th Street to the satisfaction of the Planning Director. The design of the bus shelter shall be consistent with the design of the project. The developer shall also evaluate the existing bus stop along 4th street, located at the easterly frontage of the project, for conformance to current ADA regulations. If the bus stop does not meet current ADA regulations, then the developer shall be responsible for providing design and reconstruction of the bus stop pad for compliance. Design shall be completed, and improvements secured for prior to issuance of a Building permit. The reconstruction along with all public improvements shall be completed prior to occupancy. 8. Standard Conditions of Approval Dedication shall be made of the following rights-of-way on the perimeter streets (measured from street centerline): 60 total feet on 4th Street 44 total feet on 6th Street 66 total feet on the proposed Industrial Street (full right of way width) 9. Easements for public sidewalks placed outside the public right-of-way shall be dedicated to the City.10. www.CityofRC.us Page 6 of 23Printed: 10/21/2021 Page 232 Project #: DRC2020-00202 DRC2020-00213, DRC2020-00265, DRC2020-00266, DRC2020-00267, DRC2020-00312, DRC2021-00180, SUBTPM20271 Project Name: EDR - Bridge Point Rancho Cucamonga Location: 12434 4TH ST - 022928350-0000 Project Type: Design Review Development Agreement, General Plan Amendment, Sign Permit Notice of Filing, Tentative Parcel Map, Tree Removal Permit, Zoning Map AmendmentALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval Reciprocal access easements shall be provided where necessary ensuring access to all parcels by CC&Rs or by deeds and shall be recorded prior to the issuance of Building Permits, where no map is involved, for the utilities which serve both parcels, including but not limited to, water, sewer, storm drainage. 11. A final drainage study shall be submitted to and approved by the City Engineer prior to the issuance of Grading Permits. All drainage facilities shall be installed as required by the City Engineer. 12. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. 13. A lot line adjustment or a map shall be approved among the existing parcels meeting City Development Code requirements, prior to issuance of Building Permits. 14. ** CD Information Required Prior to Sign-Off for Building Permit Prior to the issuance of building permits, if valuation is greater or equal to $100,000, a Diversion Deposit and a related administrative fee shall be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 65% of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the City. Applicant must identify if they are self-hauling or utilizing Burrtec prior to issuance of a building permit. Proof of diversion must be submitted to the Environmental Engineering Division within 60 days following the completion of the construction and / or demolition project. Contact Marissa Ostos, Environmental Engineering, at (909) 774-4062 for more information. Instructions and forms are available at the City's website, www.cityofrc.us, under City Hall / Engineering / Environmental Programs / Construction & Demolition Diversion Program. 15. Prior to approval of a lot merger, lot line adjustment, or a final map, a deposit shall be posted with the City covering the estimated cost of apportioning the assessments under Assessment Districts LMD 3B, SLD 1 & SLD 6 among the newly created parcel(s). 16. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting Districts and or Community Facility District shall be filed with the Engineering Services Department prior to issuance of Building Permits. Formation costs shall be borne by the developer. NOTE: The parcels are currently annexed into LMD 3B, SLD 1 & SLD 6. 17. Add the following note to any private landscape plans that show street trees: “All improvements within the public right-of-way, including street trees, shall be installed per the public improvement plans.” If there is a discrepancy between the public and private plans, the street improvement plans will govern. 18. www.CityofRC.us Page 7 of 23Printed: 10/21/2021 Page 233 Project #: DRC2020-00202 DRC2020-00213, DRC2020-00265, DRC2020-00266, DRC2020-00267, DRC2020-00312, DRC2021-00180, SUBTPM20271 Project Name: EDR - Bridge Point Rancho Cucamonga Location: 12434 4TH ST - 022928350-0000 Project Type: Design Review Development Agreement, General Plan Amendment, Sign Permit Notice of Filing, Tentative Parcel Map, Tree Removal Permit, Zoning Map AmendmentALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval Construct the following perimeter street improvements including, but not limited to: Street Name: 4th Street Curb & Gutter: Remove and replace as determined during design A.C. Pvmt: Grind and overlay as determined during design Side-walk : Remove and replace as determined during design Drive Appr.: Per City Standards and City Driveway Policy Street Lights: Per City Standards Street Trees: Per City Standards Bike Trail: Class II Bike Lane or as required by the City Engineer Street Name: 6th Street Curb & Gutter: Remove and replace as determined during design A.C. Pvmt: Grind and overlay as determined during design Side-walk : Remove and replace as determined during design Drive Appr.: Per City Standards and City Driveway Policy Street Lights: Per City Standards Street Trees: Per City Standards Bike Trail: Class II Bike Lane or as required by the City Engineer Street Name: Proposed Industrial Street Curb & Gutter: Per City Standards A.C. Pvmt: Per City Standards Side-walk : Per City Standards Drive Appr.: Per City Standards and City Driveway Policy Street Lights: Per City Standards Street Trees: Per City Standards Other: Modification to exist signalized intersection of Barrington and 4th to provide signalized access to new Industrial Street. Signal modification plans subject to review and approval of City Engineer. Notes: (a) Where applicable, median island includes landscaping and irrigation on meter. (b) Pavement reconstruction and overlays will be determined during plan check. 19. www.CityofRC.us Page 8 of 23Printed: 10/21/2021 Page 234 Project #: DRC2020-00202 DRC2020-00213, DRC2020-00265, DRC2020-00266, DRC2020-00267, DRC2020-00312, DRC2021-00180, SUBTPM20271 Project Name: EDR - Bridge Point Rancho Cucamonga Location: 12434 4TH ST - 022928350-0000 Project Type: Design Review Development Agreement, General Plan Amendment, Sign Permit Notice of Filing, Tentative Parcel Map, Tree Removal Permit, Zoning Map AmendmentALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval Pursuant to Municipal Code Section 16.37.010, no person shall make connections from a source of energy, fuel or power to any building or structure which is regulated by technical codes and for which a permit is required unless, in addition to any and all other codes, regulations and ordinances, all improvements required by these conditions of development approval have been completed and accepted by the City Council, except: that in developments containing more than one building, structure or unit, the development may have energy connections made in equal proportion to the percentage of completion of all improvements required by these conditions of development approval, as determined by the City Engineer, provided that reasonable, safe and maintainable access to the property exists. In no case shall more than 95 percent of the buildings, structures or units be connected to energy sources prior to completion and acceptance of all improvements required by these conditions of development approval. 20. Improvement Plans and Construction: a.Street improvement plans, including street trees, street lights, and intersection safety lights on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or the issuance of Building Permits, whichever occurs first. b. Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the Engineering Services Department in addition to any other permits required. c. Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and interconnect conduit shall be installed to the satisfaction of the City Engineer. d. Signal conduit with pull boxes shall be installed with any new construction or reconstruction project along major or secondary streets and at intersections for future traffic signals and interconnect wiring. Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other locations approved by the City Engineer. Notes: 1) Pull boxes shall be No. 6 at intersections and No. 5 along streets, a maximum of 200 feet apart, unless otherwise specified by the City Engineer. 2) Conduit shall be 3-inch pvc with pull rope or as specified. e. Access ramps for the disabled shall be installed on all corners of intersections per latest ADA standards or as directed by the City Engineer. f. Existing City roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Street or lane closure permits are required. A security shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be installed to City Standards, except for single-family residential lots. h. Street names shall be approved by the Planning Department prior to submittal for first plan check. 21. www.CityofRC.us Page 9 of 23Printed: 10/21/2021 Page 235 Project #: DRC2020-00202 DRC2020-00213, DRC2020-00265, DRC2020-00266, DRC2020-00267, DRC2020-00312, DRC2021-00180, SUBTPM20271 Project Name: EDR - Bridge Point Rancho Cucamonga Location: 12434 4TH ST - 022928350-0000 Project Type: Design Review Development Agreement, General Plan Amendment, Sign Permit Notice of Filing, Tentative Parcel Map, Tree Removal Permit, Zoning Map AmendmentALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval Install street trees per City street tree design guidelines and standards as follows. The completed legend (box below) and construction notes shall appear on the title page of the street improvement plans. Street improvement plans shall include a line item within the construction legend stating: “Street trees shall be installed per the notes and legend on Sheet ___ (typically Sheet 1).” Where public landscape plans are required, tree installation in those areas shall be per the public landscape improvement plans. Street Name: 4th Street Botanical Name: Platanus acerifolia Common Name: Min. Grow Space: 30 Spacing: 30 Size: 15 gallon minimum Qty.: to be determined during design Street Name: 6th Street Botanical Name: Magnolia grandiflora Common Name: St Mary Min. Grow Space: 20 Spacing: 20 Size: 15 gallon minimum Qty.: to be determined during design Street Name: Proposed Industrial Street (both sides of street) Botanical Name: Magnolia grandiflora Common Name: St Mary Min. Grow Space: 20 Spacing: 20 Size: 15 gallon minimum Qty.: to be determined during design Construction Notes for Street Trees: 1) All street trees are to be planted in accordance with City standard plans. 2) Prior to the commencement of any planting, an agronomic soils report shall be furnished to the City inspector. Any unusual toxicities or nutrient deficiencies may require backfill soil amendments, as determined by the City inspector. 3) All street trees are subject to inspection and acceptance by the Engineering Services Department. Street trees are to be planted per public improvement plans only. 22. www.CityofRC.us Page 10 of 23Printed: 10/21/2021 Page 236 Project #: DRC2020-00202 DRC2020-00213, DRC2020-00265, DRC2020-00266, DRC2020-00267, DRC2020-00312, DRC2021-00180, SUBTPM20271 Project Name: EDR - Bridge Point Rancho Cucamonga Location: 12434 4TH ST - 022928350-0000 Project Type: Design Review Development Agreement, General Plan Amendment, Sign Permit Notice of Filing, Tentative Parcel Map, Tree Removal Permit, Zoning Map AmendmentALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval Intersection line of sight designs shall be reviewed by the City Engineer for conformance with adopted policy. On collector or larger streets, lines of sight shall be plotted for all project intersections, including driveways. Local residential street intersections and commercial or industrial driveways may have lines of sight plotted as required. 23. All public improvements (interior streets, drainage facilities, community trails, paseos, landscaped areas, etc.) shown on the plans and/or tentative map shall be constructed to City Standards. Interior street improvements shall include, but are not limited to, curb and gutter, AC pavement, drive approaches, sidewalks, street lights, and street trees. 24. Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in accordance with the City's street tree program. 25. The developer shall be responsible for the relocation of existing utilities as necessary.26. Provide separate utility services to each parcel including sanitary sewerage system, water, gas, electric power, telephone, and cable TV (all underground) in accordance with the Utility Standards. Easements shall be provided as required. 27. Approvals have not been secured from all utilities and other interested agencies involved. Approval of the final parcel map will be subject to any requirements that may be received from them. 28. Water and sewer plans shall be designed and constructed to meet the requirements of the Cucamonga Valley Water District (CVWD), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CVWD is required prior to final map approval or issuance of permits, whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. 29. Fire Prevention / New Construction Unit Standard Conditions of Approval Fire apparatus access roads (fire lanes) can be included in an engineered onsite storm water retention plan. The ponding of storm water shall not exceed a designed depth of four (4) inches in the designated fire apparatus access road(s) and the area between the fire apparatus access road(s) and the exterior walls of all normally occupied buildings. Ponding design specifications for Building 2 appear to exceed the maximum allowable depth for onsite storm water retention. This Condition was acknowledged in the Responses letter posted Aug 27, 2020. 1. www.CityofRC.us Page 11 of 23Printed: 10/21/2021 Page 237 Project #: DRC2020-00202 DRC2020-00213, DRC2020-00265, DRC2020-00266, DRC2020-00267, DRC2020-00312, DRC2021-00180, SUBTPM20271 Project Name: EDR - Bridge Point Rancho Cucamonga Location: 12434 4TH ST - 022928350-0000 Project Type: Design Review Development Agreement, General Plan Amendment, Sign Permit Notice of Filing, Tentative Parcel Map, Tree Removal Permit, Zoning Map AmendmentALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Fire Prevention / New Construction Unit Standard Conditions of Approval Existing parcel 22928351 is required to be annexed into Community Facilities District 85-1 (CFD 85-1). Please contact Kelly Guerra with the City of Rancho Cucamonga’s Special Districts Division at (909) 774-2582 or Kelly.Guerra@CityofRC.US to complete the annexation. The annexation requirement will not be considered complete until the applicant begins the annexation process and Special Districts notifies the Fire Marshal that the process has been started. 2. Access doors are required to be identified in accordance with Fire District Standard 5-5. The Standard has been uploaded to the Documents section. 3. Access doors are required to be distributed along the exterior of the building such that the lineal distance between adjacent access doors does not exceed 125 feet measured center to center. 4. Required alarm systems and supervision systems are required to be in accordance with Fire District Standard 9-3. The Standard has been uploaded to the Documents section. 5. Plans for the alarm and/or supervision (monitoring) system are required to be submitted separately and issued a separate permit. Submit all plans to the Building & Safety Department for routing to the Fire District. 6. Plans for the egress lighting are required to be submitted separately and issued a separate permit. Submit all plans to the Building & Safety Department for routing to the Fire District. 7. Plans for high piled combustible storage are required to be submitted separately and issued a separate permit. Submit all plans to the Building & Safety Department for routing to the Fire District. 8. Plans for the private, onsite fire underground water infrastructure are required to be submitted separately and issued a separate permit. Submit all plans to the Building & Safety Department for routing to the Fire District. 9. Plans for the public, offsite fire underground water infrastructure are required to be submitted separately and issued a separate permit. Plans are required to be submitted prior to or concurrently with the submittal of the Water District mylars. Submit all plans to the Building & Safety Department for routing to the Fire District. 10. Plans for the racks used for high piled combustible storage are required to be submitted separately and issued a separate permit. Submit all plans to the Building & Safety Department for routing to the Fire District. 11. Plans for the automatic fire sprinkler system are required to be submitted separately and issued a separate permit. Submit all plans to the Building & Safety Department for routing to the Fire District. 12. Plans for suppression systems are required to be submitted separately and issued a separate permit. Submit all plans to the Building & Safety Department for routing to the Fire District. 13. Plans for the temporary access and/or hydrants are required to be submitted separately and issued a separate permit. Submit all plans to the Building & Safety Department for routing to the Fire District. 14. Exterior doors and doors providing access to fire protection and life safety systems and equipment are required to have identification signage in accordance with Fire District Standard 5-5. The Standard has been uploaded to the Documents section. 15. www.CityofRC.us Page 12 of 23Printed: 10/21/2021 Page 238 Project #: DRC2020-00202 DRC2020-00213, DRC2020-00265, DRC2020-00266, DRC2020-00267, DRC2020-00312, DRC2021-00180, SUBTPM20271 Project Name: EDR - Bridge Point Rancho Cucamonga Location: 12434 4TH ST - 022928350-0000 Project Type: Design Review Development Agreement, General Plan Amendment, Sign Permit Notice of Filing, Tentative Parcel Map, Tree Removal Permit, Zoning Map AmendmentALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Fire Prevention / New Construction Unit Standard Conditions of Approval Emergency responder radio coverage is required for the building(s) included in this project. San Bernardino County Information Services Department (ISD) conducts radio signal strength assessments for the entire county. It is highly recommended that a radio signal strength assessment is completed for this project. Where emergency responder radio coverage is determined to meet the requirements of the California Fire Code, an emergency responder radio system and/or associated equipment will not be required. Please contact Tim Trager with County ISD at 909-388-5563 or ttrager@isd.sbcounty.gov to schedule an assessment and/or obtain any available information about the project site. Where the existing emergency responder radio coverage is found to be below acceptable standards, an emergency responder radio system and associated equipment will be required to be provided in compliance and accordance with the California Fire Code. 16. Designated and conforming aerial apparatus access is required in accordance with Fire District Standard 5-1. Show aerial apparatus access on the fire access plan. The Standard has been uploaded to the Documents section. 17. Fire apparatus access (fire lane) design, construction, and identification are required to be in accordance with Fire District Standard 5-1. The Standard has been uploaded to the Documents section. 18. Fire flow information for this project is obtained from the Cucamonga Valley Water District (CVWD). CVWD can be reached at 909-944-6000 or custserv@cvwdwater.com. 19. Fire flow is required to be in accordance with Appendix B of the California Fire Code. The Fire District has adopted the appendix without local amendments except that the minimum fire flow for commercial buildings shall not be less than 1500 gpm. Proof of the availability of the required fire flow must be provided to the Fire District in the form of a letter or written report dated within the past 12 months. 20. Fire sprinkler are required to be installed in accordance with Fire District Standard 9-5. The Standard has been uploaded to the Documents section. 21. Gates installed across a commercial/industrial emergency vehicle access road (fire lane) are required to be in accordance with Standard 5-4. The Standard has been uploaded to the Documents section. 22. Identification of exterior perimeter fire access doors is required to be in accordance with Fire District Standard 5-5. The Standard has been uploaded to the Documents section. 23. High-piled combustible storage is required to be in accordance with Chapter 32 of the Fire Code and Fire District Standard 32-1. Please read and understand this Standard in its entirety to avoid delays in scheduling inspections and obtaining approvals. The Standard has been uploaded to the Documents section. 24. A Knox Box key box is required in accordance with Fire District Standard 5-9. Additional boxes may be required depending on the size of the building, the location of fire protection and life safety system controls, and the operational needs of the Fire District. The Standard has been uploaded to the Documents section. If an installed Knox Box is available to this project or business, keys for the building/suite/unit are required to be provided to the Fire Inspector at the final inspection. 25. www.CityofRC.us Page 13 of 23Printed: 10/21/2021 Page 239 Project #: DRC2020-00202 DRC2020-00213, DRC2020-00265, DRC2020-00266, DRC2020-00267, DRC2020-00312, DRC2021-00180, SUBTPM20271 Project Name: EDR - Bridge Point Rancho Cucamonga Location: 12434 4TH ST - 022928350-0000 Project Type: Design Review Development Agreement, General Plan Amendment, Sign Permit Notice of Filing, Tentative Parcel Map, Tree Removal Permit, Zoning Map AmendmentALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Fire Prevention / New Construction Unit Standard Conditions of Approval A Knox key switch is required to be installed on motorized gates that are installed across or provide access to a fire access road (fire Lane). See Fire District Standard 5-3 for Residential Gates and Fire District Standard 5-4 for Commercial and Industrial Gates. 26. A Knox or Fire District padlock is required to be incorporated into the security system for a manually operated gate that are installed across or provides access to a fire access road (fire lane). 27. Coordinate landscaping with the roof access ladder points and address signage. Landscaping cannot obstruct roof access or clear visibility of address signage from time of installation to maturity of the shrubs and trees. 28. A fire service site plan is required in accordance with Fire District Standard 5-11. The Standard has been uploaded to the Documents section. 29. All of the Fire District Standards applicable are required to be reproduced on the plans. The project is required to meet all of the applicable codes, regulations, and standards in effect and adopted at the time of plan check submittal. Fire District Standards associated with construction and plan submittals can be found on the City of Rancho Cucamonga's website and accessed via https://www.dropbox.com/sh/4k4qdxhs4tp13c7/AAAdscMKMdW9WIQe725xWyU-a?dl=0 30. Roof access is required to be in accordance with Fire District Standard 5-6. The Standard has been uploaded to the Documents section. 31. Street address and unit/suite signage for commercial and industrial buildings are required to be in accordance with Fire District Standard 5-8. The Standard has been uploaded to the Documents section. 32. Fire apparatus access roads and emergency vehicle access is required to be identified with signs and/or other approved makings in accordance with Fire District Standard 5-1. A copy of the Standard has been uploaded to the Documents section. 33. Identification of fire protection systems and components, fire alarm systems and components, and equipment and devices associated with fire and life safety systems is required to be in accordance with Fire District Standards 5-5 and 5-10. The Standards have been uploaded to the Documents section. 34. Public and private fire service water mains, public and private hydrants, water control valves, fire sprinkler risers, fire department connections (FDCs), and other fire protection water related devices and equipment are required to be provided, designed, and installed in accordance with Fire District Standard 5-10. The Standard has been uploaded to the Documents section. 35. Building and Safety Services Department Please be advised of the following Special Conditions www.CityofRC.us Page 14 of 23Printed: 10/21/2021 Page 240 Project #: DRC2020-00202 DRC2020-00213, DRC2020-00265, DRC2020-00266, DRC2020-00267, DRC2020-00312, DRC2021-00180, SUBTPM20271 Project Name: EDR - Bridge Point Rancho Cucamonga Location: 12434 4TH ST - 022928350-0000 Project Type: Design Review Development Agreement, General Plan Amendment, Sign Permit Notice of Filing, Tentative Parcel Map, Tree Removal Permit, Zoning Map AmendmentALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Building and Safety Services Department Please be advised of the following Special Conditions When the Entitlement Review is approved submit complete construction drawings including structural calculations to Building and Safety for plan review in accordance with the current edition of the CA Building and Fire Codes including all local ordinances and standards. The structure is required to be equipped with automatic fire sprinklers. A soils report is required. Disabled access to the site and building must be provided in accordance to the State of California published thresholds at the time of plan check submittal. The maximum exit access travel distance shall be 400'. Connection to the public sewer will be required. Utility easements may be required if water and sewer are from 4th street to serve building 2. 1. Grading Section Standard Conditions of Approval Prior to issuance of a grading permit the precise grading and drainage plan shall follow the format provided in the City of Rancho Cucamonga handout “Information for Grading Plans and Permit”. 1. Grading of the subject property shall be in accordance with current adopted California Building Code and/or the California Residential Code, City Grading Standards, and accepted grading practices. The Grading and Drainage Plan(s) shall be in substantial conformance with the approved conceptual Grading and Drainage Plan. 2. A soils report shall be prepared by a qualified Engineer licensed by the State of California to perform such work. Two copies will be provided at grading and drainage plan submittal for review. Plans shall implement design recommendations per said report. 3. The final Grading and Drainage Plan, appropriate certifications and compaction reports shall be completed, submitted, and approved by the Engineering Services Department prior to the issuance of building permits. 4. A separate Grading and Drainage Plan check submittal is required for all new construction projects and for existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The Grading and Drainage Plan shall be prepared, stamped, and wet signed by a California licensed Civil Engineer prior to the issuance of a grading or building permit. 5. The applicant shall comply with the City of Rancho Cucamonga Dust Control Measures and place a dust control sign on the project site prior to the issuance of a grading permit. All dust control sign(s) shall be located outside of the public right of way. 6. If a Rough Grading and Drainage Plan/Permit are submitted to the Engineering Services Department for review, the rough grading plan shall be a separate plan submittal and permit from Precise Grading and Drainage Plan/Permit. 7. www.CityofRC.us Page 15 of 23Printed: 10/21/2021 Page 241 Project #: DRC2020-00202 DRC2020-00213, DRC2020-00265, DRC2020-00266, DRC2020-00267, DRC2020-00312, DRC2021-00180, SUBTPM20271 Project Name: EDR - Bridge Point Rancho Cucamonga Location: 12434 4TH ST - 022928350-0000 Project Type: Design Review Development Agreement, General Plan Amendment, Sign Permit Notice of Filing, Tentative Parcel Map, Tree Removal Permit, Zoning Map AmendmentALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval Prior to the issuance of a grading permit the applicant shall obtain written permission from the adjacent property owner(s) to construct wall(s) on property line(s) or provide a detail(s) showing the perimeter wall(s) to be constructed offset from the property line. 8. Prior to issuance of a grading permit the Final Grading and Drainage Plan shall show the accessibility path from the public right of way and the accessibility parking stalls to the building doors in conformance with the current adopted California Building Code. All accessibility ramps shall show sufficient detail including gradients, elevations, and dimensions and comply with the current adopted California Building Code. 9. The Grading and Drainage Plan shall implement City Standards for on-site construction where possible, and shall provide details for all work not covered by City Standard Drawings. 10. Prior to issuance of a grading permit the grading plan shall show that all manufactured slopes shall be a minimum 2-foot offset from the public right of way, permitted line, or the adjacent private property. All slope offsets shall meet the requirements of the current adopted California Building Code. 11. Prior to issuance of a grading permit, the grading and drainage plan shall show the maximum parking stall gradient at 7 percent. Accessibility parking stall grades shall be constructed per the, current adopted California Building Code. 12. The applicant shall provide a grading agreement and grading bond for all cut and fill combined exceeding 5,000 cubic yards prior to issuance of a grading permit. The grading agreement and bond shall be approved by the Engineering Services Department. 13. The final grading and drainage plan shall show existing topography a minimum of 100-feet beyond project boundary. 14. This project shall comply with the accessibility requirements of the current adopted California Building Code. 15. www.CityofRC.us Page 16 of 23Printed: 10/21/2021 Page 242 Project #: DRC2020-00202 DRC2020-00213, DRC2020-00265, DRC2020-00266, DRC2020-00267, DRC2020-00312, DRC2021-00180, SUBTPM20271 Project Name: EDR - Bridge Point Rancho Cucamonga Location: 12434 4TH ST - 022928350-0000 Project Type: Design Review Development Agreement, General Plan Amendment, Sign Permit Notice of Filing, Tentative Parcel Map, Tree Removal Permit, Zoning Map AmendmentALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval Grading Inspections: a)Prior to the start of grading operations the owner and grading contractor shall request a pre-grading meeting. The meeting shall be attended by the project owner/representative, the grading contractor and the Building Inspector to discuss about grading requirements and preventive measures, etc. If a pre-grading meeting is not held within 24 hours from the start of grading operations, the grading permit may be subject to suspension by the Building Inspector; b) The grading contractor shall call into the City of Rancho Cucamonga Building and Safety Department at least 1 working day in advance to request the following grading inspections prior to continuing grading operations: i) The bottom of the over-excavation; ii) Completion of Rough Grading, prior to issuance of the building permit; iii) At the completion of Rough Grading, the grading contractor or owner shall submit to the Permit Technicians (Building and Safety Front Counter) an original and a copy of the Pad Certifications to be prepared by and properly wet signed and sealed by the Civil Engineer and Soils Engineer of Record; iv) The rough grading certificates and the compaction reports will be reviewed by the Associate Engineer or a designated person and approved prior to the issuance of a building permit. 16. Prior to approval of the final project-specific water quality management plan the applicant shall have a soils engineer prepare a project-specific infiltration study for the project for the purposes of storm water quality treatment. The infiltration study and recommendations shall follow the guidelines in the current adopted “San Bernardino County Technical Guidance Document for Water Quality Management Plans”. Note: As this project has been previously graded and the site soils have been compacted for building pads and parking lot purposes, the use of the Custom Soil Resource Report for San Bernardino County Southwestern Part by the United States Department of Agriculture, Natural Resource Conservation Service for natural soils is not acceptable for soil groundwater infiltration rates. 17. Grading Inspections: a)Prior to the start of grading operations the owner and grading contractor shall request a pre-grading meeting. The meeting shall be attended by the project owner/representative, the grading contractor and the Building Inspector to discuss about grading requirements and preventive measures, etc. If a pre-grading meeting is not held within 24 hours from the start of grading operations, the grading permit may be subject to suspension by the Building Inspector; b) The grading contractor shall call into the City of Rancho Cucamonga Building and Safety Department at least 1 working day in advance to request the following grading inspections prior to continuing grading operations: i) The bottom of the over-excavation; ii) Completion of Rough Grading, prior to issuance of the building permit; iii) At the completion of Rough Grading, the grading contractor or owner shall submit to the Permit Technicians (Building and Safety Front Counter) an original and a copy of the Pad Certifications to be prepared by and properly wet signed and sealed by the Civil Engineer and Soils Engineer of Record; iv) The rough grading certificates and the compaction reports will be reviewed by the Associate Engineer or a designated person and approved prior to the issuance of a building permit. 18. www.CityofRC.us Page 17 of 23Printed: 10/21/2021 Page 243 Project #: DRC2020-00202 DRC2020-00213, DRC2020-00265, DRC2020-00266, DRC2020-00267, DRC2020-00312, DRC2021-00180, SUBTPM20271 Project Name: EDR - Bridge Point Rancho Cucamonga Location: 12434 4TH ST - 022928350-0000 Project Type: Design Review Development Agreement, General Plan Amendment, Sign Permit Notice of Filing, Tentative Parcel Map, Tree Removal Permit, Zoning Map AmendmentALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval Prior to issuance of a grading or building permit, the permitted grading plan (or architectural site plan) set shall show in each of the typical sections and the plan view show how the separations between the building exterior and exterior ground surface meet the requirements of Sections CBC1804.3/CRC R401.3, CBC2304.11.2.2/CRC R317.1(2) and CBC2512.1.2/CRC R703.6.2.1 of the current adopted California Building Code/Residential Code. 19. Prior to issuance of a grading permit, the applicant shall obtain a signed and notarized letter from the adjacent property owner(s) for ALL work proposed on the adjacent property. The letter shall be scanned and pasted onto the permitted grading plan set. The letter shall show on either the title sheet or a detail sheet of the grading and drainage plan set. 20. Prior to approval of the project-specific storm water quality management plan, the applicant shall submit to the City Engineer, or his designee, a precise grading plan showing the location and elevations of existing topographical features, and showing the location and proposed elevations of proposed structures and drainage of the site. 21. A drainage study showing a 100-year, AMC 3 design storm event for on-site drainage shall be prepared and submitted to the Engineering Services Department for review and approval for on-site storm water drainage prior to issuance of a grading permit. The report shall contain water surface profile gradient calculations for all storm drain pipes 12-inches and larger in diameter. All reports shall be wet signed and sealed by the Engineer of Record. In addition, the project specific drainage study shall provide inlet calculations showing the proper sizing of the water quality management plan storm water flows into the proposed structural storm water treatment devices. 22. Prior to issuance of a grading permit the applicant shall show on the site plan and the permitted grading plan set for non-residential projects the designated parking for clean air vehicles per the current adopted California Green Building Standards Code, section 5.106.5.2. 23. DESIGN ISSUE: The conceptual grading and drainage plan shows an area within the parking lot and fire lane where storm water will be ponding. Prior to the issuance of a grading permit the civil engineer of record shall submit a set of grading plans to the City of Rancho Cucamonga Building and Safety Department Fire Construction Services to review the plans and provide a maximum ponding depth of the storm water retention. 24. Private sewer, water, and storm drain improvements will be designed per the latest adopted California Plumbing Code. Private storm drain improvements shall be shown on the grading and drainage plan. 25. Prior to the issuance of the Certificate of Occupancy or final sign off by the Building Inspector the engineer of record shall certify the functionality of the storm water quality management plan (WQMP) storm water treatment devices and best management practices (BMP). 26. Prior to approval of the Water Quality Management Plan (WQMP), the WQMP shall include a copy of the project Conditions of Approval. 27. www.CityofRC.us Page 18 of 23Printed: 10/21/2021 Page 244 Project #: DRC2020-00202 DRC2020-00213, DRC2020-00265, DRC2020-00266, DRC2020-00267, DRC2020-00312, DRC2021-00180, SUBTPM20271 Project Name: EDR - Bridge Point Rancho Cucamonga Location: 12434 4TH ST - 022928350-0000 Project Type: Design Review Development Agreement, General Plan Amendment, Sign Permit Notice of Filing, Tentative Parcel Map, Tree Removal Permit, Zoning Map AmendmentALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval Reciprocal access easements for all parcels and maintenance agreements ensuring joint maintenance of all storm water quality structural/treatment devices and best management practices (BMP) as provided for in the project’s Storm Water Quality Management Plan, shall be provided for by CC&R’s or deeds and shall be recorded prior to the approval of the Water Quality Management Plan. Said CC&R’s and/or deeds shall be included in the project site specific Storm Water Quality Management Plan (WQMP) document prior to approval of the WQMP document and recording of the Memorandum of Agreement of Storm Water Quality Management Plan. 28. The Preliminary Water Quality Management Plan (PWQMP) has been deemed “Acceptable”. Prior to the issuance of a grading permit a final project-specific Water Quality Management Plan shall be submitted for review and approval by the Building Official. 29. Prior to the issuance of a Grading Permit the City of Rancho Cucamonga’s “Memorandum of Agreement of Storm Water Quality Management Plan” shall be submitted for review and approval by the Building Official and recorded with the County Recorder’s Office. 30. Prior to issuance of a Grading Permit the applicant shall obtain a Waste Discharge Identification Number (WDID). The WDID number shall also be shown on the WQMP Site and Drainage Plan document. 31. The applicant shall provide a copy of a completed EPA Form 7520-16 (Inventory of Injection Wells) for each underground infiltration device, with the Facility ID Number assigned, to the Engineering Services Department prior to issuance of the Grading Permit and/or approval of the project-specific Water Quality Management Plan. A copy of EPA Form 7520-16 shall be scanned and pasted onto the permitted grading plan set, and a copy of said form shall be included in the project-specific Water Quality Management Plan. 32. The land owner shall provide an inspection report by a qualified person/company on a biennial basis for the Class V Injection Wells/underground infiltration chambers to the City of Rancho Cucamonga Environmental Program Manager. The land owner shall maintain on a regular basis all best management practices (BMP”s) as described in the Storm Water Quality Management Plan (WQMP) prepared for the subject project. All costs associated with the underground infiltration chamber are the responsibility of the land owner. 33. The land owner shall provide an inspection report on a biennial basis for the structural storm water treatment devices, commonly referred to as BMPs, to the City of Rancho Cucamonga Environmental Program Manager. The land owner shall maintain on a regular basis as described in the Storm Water Quality Management Plan prepared for the subject project. All costs associated with the underground infiltration chamber are the responsibility of the land owner. 34. The land/property owner shall follow the inspection and maintenance requirements of the approved project specific Water Quality Management Plan and shall provide a copy of the inspection reports on a biennial basis to the City of Rancho Cucamonga Environmental Program Manager. 35. www.CityofRC.us Page 19 of 23Printed: 10/21/2021 Page 245 Project #: DRC2020-00202 DRC2020-00213, DRC2020-00265, DRC2020-00266, DRC2020-00267, DRC2020-00312, DRC2021-00180, SUBTPM20271 Project Name: EDR - Bridge Point Rancho Cucamonga Location: 12434 4TH ST - 022928350-0000 Project Type: Design Review Development Agreement, General Plan Amendment, Sign Permit Notice of Filing, Tentative Parcel Map, Tree Removal Permit, Zoning Map AmendmentALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval The Site and Drainage Plan in the final project-specific Water Quality Management Plan shall show the locations of all roof downspout drains. if required for storm water quality purposes, the downspouts shall include filters. 36. The final project-specific water quality management plan (WQMP) shall include executed maintenance agreements along with the maintenance guidelines for all proprietary structural storm water treatment devices (BMP’s). In the event the applicant cannot get the proprietary device maintenance agreements executed prior to issuance of a grading permit, the applicant is required to submit a letter to be included within the WQMP document, and scanned and pasted onto the Site and Drainage Plan which states that prior to issuance of a certificate of occupancy with applicant shall enter into a contract for the maintenance of the proprietary storm water treatment device. If the proprietary storm water treatment device is part of a residential subdivision, prior to the sale of the residential lot, the developer shall include maintenance agreement(s) as part of the sale of the residential lot to the buyer. A copy of the maintenance agreements to be included in the sale of the property shall be included within the WQMP document. 37. Prior to issuance of a grading permit and approval of the project specific water quality management plan all private storm water catch basin inlets shall include insert filters to capture those pollutants of concern as addressed in the in the final project-specific water quality management plan (WQMP). At a minimum catch basin insert filters to capture trash and other floating debris. All catch basin insert filters shall be maintained on a regular basis as described in the “Inspection and Maintenance Responsibility for Post Construction BMP” section of the final project-specific water quality management plan. 38. Prior to issuance of a grading permit the Final Project-Specific Water Quality Management Plan shall include a completed copy of “Worksheet H: Factor of Safety and Design Infiltration Worksheet” located in Appendix D “Section VII – Infiltration Rate Evaluation Protocol and Factor of Safety Recommendations, …” of the San Bernardino County Technical Guidance Document for Water Quality Management Plans. The infiltration study shall include the Soil Engineer’s recommendations for Appendix D, Table VII.3: Suitability Assessment Related Considerations for Infiltration Facility Safety Factors”. 39. Prior to approval of the final project-specific water quality management plan the applicant shall have a soils engineer prepare a project-specific infiltration study for the project for the purposes of storm water quality treatment. The infiltration study and recommendations shall follow the guidelines in the current adopted “San Bernardino County Technical Guidance Document for Water Quality Management Plans”. 40. The final project-specific Water Quality Management Plan (WQMP) may be prepared as a Phased WQMP and shall include all phases of the project. Construction of the storm water treatment structural devices may be constructed as construction progresses. 41. The subject project, shall accept all existing off-site storm water drainage flows and safely convey those flows through or around the project site. If existing off-site storm water drainage flows mix with any on-site storm water drainage flows, then the off-site storm water drainage flows shall be treated with the on-site storm water drainage flows for storm water quality purposes, prior to discharging the storm water drainage flows from the project site. 42. www.CityofRC.us Page 20 of 23Printed: 10/21/2021 Page 246 Project #: DRC2020-00202 DRC2020-00213, DRC2020-00265, DRC2020-00266, DRC2020-00267, DRC2020-00312, DRC2021-00180, SUBTPM20271 Project Name: EDR - Bridge Point Rancho Cucamonga Location: 12434 4TH ST - 022928350-0000 Project Type: Design Review Development Agreement, General Plan Amendment, Sign Permit Notice of Filing, Tentative Parcel Map, Tree Removal Permit, Zoning Map AmendmentALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval Prior to the issuance of a certificate of occupancy by the Building Official, or his designee, the civil engineer of record shall file a Water Quality Management Plan (WQMP) Post Construction Storm Water Treatment Devices As-Built Certificate with the Environmental Programs Coordinator, City of Rancho Cucamonga Engineering Services Department. 43. As the use of drywells are proposed for the structural storm water treatment device, to meet the infiltration requirements of the current Municipal Separate Storm Sewers Systems (MS4) Permit, adequate source control and pollution prevention control BMPs shall be implemented to protect groundwater quality. The need for pre-treatment BMPs such as sedimentation or filtration shall be evaluated prior to infiltration and discussed in the final project-specific Water Quality Management Plan document. 44. www.CityofRC.us Page 21 of 23Printed: 10/21/2021 Page 247 Project #: DRC2020-00202 DRC2020-00213, DRC2020-00265, DRC2020-00266, DRC2020-00267, DRC2020-00312, DRC2021-00180, SUBTPM20271 Project Name: EDR - Bridge Point Rancho Cucamonga Location: 12434 4TH ST - 022928350-0000 Project Type: Design Review Development Agreement, General Plan Amendment, Sign Permit Notice of Filing, Tentative Parcel Map, Tree Removal Permit, Zoning Map AmendmentALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval GROUND WATER PROTECTION: Prior to approval of the final project specific water quality management plan (WQMP), the WQMP document shall meet the requirements of the State Water Resources Control Board Order No. R8-2010-0036 (NPDES No. CAS 618036), the San Bernardino County Municipal Separate Storm Sewers Separation (MS4) Permit reads: Section XI.D(Water Quality Management Plan Requirements).8(Groundwater Protection): Treatment Control BMPs utilizing infiltration [exclusive of incidental infiltration and BMPs not designed to primarily function as infiltration devices (such as grassy swales, detention basins, vegetated buffer strips, constructed wetlands, etc.)] must comply with the following minimum requirements to protect groundwater: a. Use of structural infiltration treatment BMPs shall not cause or contribute to an exceedance of ground water quality objectives. b. Source control and pollution prevention control BMPs shall be implemented to protect groundwater quality. The need for pre-treatment BMPs such as sedimentation or filtration should be evaluated prior to infiltration. c. Adequate pretreatment of runoff prior to infiltration shall be required in gas stations and large commercial parking lots. (NOTE: The State Water Quality Control Board defines a large commercial parking lot as ‘100,000 sq. ft. or more of commercial development to include parking lot (with 100 or more vehicle traffics), OR, by means of 5,000sqft or more of allowable space designated for parking purposes’). d. Unless adequate pre-treatment of runoff is provided prior to infiltration structural infiltration treatment BMPs must not be used for areas of industrial or light industrial activity{77}, areas subject to high vehicular traffic (25,000 or more daily traffic); car washes; fleet storage areas; nurseries; or any other high threat to water quality land uses or activities. e. Class V injection wells or dry wells must not be placed in areas subject to vehicular repair or maintenance activities, such as an auto body repair shop, automotive repair shop, new and used car dealership, specialty repair shop (e.g., transmission and muffler repair shop) or any facility that does any vehicular repair work. f. Structural infiltration BMP treatment shall not be used at sites that are known to have soil and groundwater contamination. g. Structural infiltration treatment BMPs shall be located at least 100 feet horizontally from any water supply wells. h. The vertical distance from the bottom of any infiltration structural treatment BMP to the historic high groundwater mark shall be at least 10-feet. Where the groundwater basins do not support beneficial uses, this vertical distance criteria may be reduced, provided groundwater quality is maintained. i. Structural infiltration treatment BMPs shall not cause a nuisance or pollution as defined in Water Code Section 13050. 45. www.CityofRC.us Page 22 of 23Printed: 10/21/2021 Page 248 Project #: DRC2020-00202 DRC2020-00213, DRC2020-00265, DRC2020-00266, DRC2020-00267, DRC2020-00312, DRC2021-00180, SUBTPM20271 Project Name: EDR - Bridge Point Rancho Cucamonga Location: 12434 4TH ST - 022928350-0000 Project Type: Design Review Development Agreement, General Plan Amendment, Sign Permit Notice of Filing, Tentative Parcel Map, Tree Removal Permit, Zoning Map AmendmentALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval Prior to issuance of a grading permit for non-residential projects the applicant shall show on the electrical plans and the permitted grading plan set the location for a future installation of an Electric Vehicle (EV) charging station/parking area per the current adopted California Green Building Standards Code, section 5.106.5.3. 46. www.CityofRC.us Page 23 of 23Printed: 10/21/2021 Page 249 DATE:November 3, 2021 TO:Mayor and City Council FROM:John R. Gillison, City Manager INITIATED BY:Lori Sassoon, Deputy City Manager/Administrative Services SUBJECT:8:00 PM TIME CERTAIN: PUBLIC HEARING #2 - Consideration of City Council District Boundaries, to Include Review of the Demographer’s Preliminary Analysis; Review of the Public Mapping Tool and Inviting the Community to Submit Maps; Review of Staff’s Presentation of Maps Prepared Using the Discussed Criteria; and Receipt of Public Input on Communities of Interest and Potential District Boundaries. (CITY) RECOMMENDATION: Staff recommends that the City Council receive a report from staff, and conduct a public hearing to receive public input. BACKGROUND: On November 8, 2016, the voters of Rancho Cucamonga approved Ordinance 887, providing for the election of four members of the City Council by four districts, with a Mayor elected at large, and establishing the boundaries and election order of each district. At that time, the Council districts were drawn using the 2010 Census data as was required by law. Following each U.S. Census, which occurs every ten years, cities with by-district election systems must use the new census data to review and, if needed, redraw district lines to reflect how local populations have changed. This process, called redistricting, ensures all districts have nearly equal population. By law, the City must hold at least four(4) public hearings that enable community members to provide input on the drawing of district maps. At least one hearing must occur before the city or county draws draft maps. The fourth hearing can happen either before or after the drawing of draft maps. The Government Code requires that a final map be adopted and submitted to the County no later than April 18, 2022. The City has scheduled five (5) hearing dates for the Council Redistricting process. All hearings are scheduled to take place at 8:00 pm in the City Council Chambers: Wednesday, September 15, 2021 Wednesday, November 3, 2021 Wednesday, January 19, 2022 Wednesday, February 2, 2022 Wednesday, March 2, 2022 Page 250 Page 2 1 0 1 4 The first hearing was held on September 15, 2021. A recording of that hearing is available at www.drawrc.org. The districts must now be redrawn using the 2020 census data and in compliance with the FAIR MAPS Act, which was adopted by the California legislature as AB 849 and took effect January 1, 2020. Under the Act, the council shall draw and adopt boundaries using the following criteria in the listed order of priority in accordance with Elections Code 21601(c): 1. Comply with the federal requirements of equal population and the Voting Rights Act 2. Geographically contiguous 3. Undivided neighborhoods and “communities of interest” (socio-economic geographic areas that should be kept together) 4. Easily identifiable boundaries 5. Compact (do not bypass one group of people to get to a more distant group of people) 6. Shall not favor or discriminate against a political party Once the prioritized criteria are met, other traditional districting principles can be considered, such as: 1. Minimize the number of voters delayed from voting in 2022 to 2024 2. Respect voters’ choices / continuity in office 3. Future population growth ANALYSIS: The purposes for Public Hearing #2 include: Reviewing our demographer’s preliminary analysis of the Census 2020 demographic data. The prisoner-adjusted data was released by the State of California on September 20, 2021, making the final numbers available for all stakeholders to being formal analysis. Introducing the public mapping tool that is available for members of the public to consider the data and submit their own City Council District maps for consideration Reviewing the draft map(s) that have been developed to date in conjunction with the demographer Receiving public input in communities of interest and potential district boundaries At the hearing, National Demographics Corporation, the City’s demographic consultant assisting with the redistricting effort, will provide a presentation regarding the updated demographic data. Importantly, the Council will recall that in November 2017, the City entered into a Mutual Release and Settlement Agreement with the Southwest Voter Registration Project (“SVREP”) and Louisa Ollague (collectively “Plaintiff”), settling a lawsuit alleging a violation of the California Voting Rights Page 251 Page 3 1 0 1 4 Act. Among other terms, that Agreement and its subsequent Amendment No. 1 provide for Plaintiffs’ participation in the redistricting process to occur following the 2020 Census, and specifying certain timelines for that participation. In accordance with that settlement agreement and amendment, the City is required to submit a draft map to the Plaintiffs for discussion and consideration by November 12, 2021. To that end, a draft map is under development and will be provided to the Plaintiffs that meets the required federal and state criteria. This map would make minimal changes to the existing City Council District boundaries. A copy of that map will be shared with the Council and the public at the hearing. While discussions with the Plaintiffs are ongoing, the City Council will continue to receive public input on this matter, including map submissions from the public, for further consideration at the subsequent public hearings. These two processes – the public input and hearing process, and the timelines and processes contained in the settlement agreement - will being conducted concurrently. With regard to public comment, since the last hearing the City received two comments in writing regarding this process. Those comments are attached (Attachment 1). No further comments have been received to date. The public is encouraged to participate in the hearing on November 3. Residents are encouraged to visit www.drawrc.org to follow updates on the redistricting process, review data and materials, and participate in the process by offering comments and submitting maps for consideration. The next scheduled public hearing will be held on Wednesday, January 19, 2022. FISCAL IMPACT: None COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: Conducting this public hearing is in keeping with the City Council’s mission to ensure and advance the quality of life for the community through inclusive decision making. ATTACHMENTS: Attachment 1 – Public Input Since September 15, 2021 Page 252 1 Sassoon, Lori From:DaShawn Parker <flamingo331@yahoo.com> Sent:Thursday, September 16, 2021 7:52 PM To:City Clerk Subject:Redistriciting Follow Up Flag:Follow up Flag Status:Flagged CAUTION: This email is from outside our Corporate network. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good evening, Couple of items I would like to address. During the hearing last night in the chambers it was simply RC staff and maybe 4 community members present. I was one of them. I truly think you need to do more advertising so that you can truly get input from the community members. Mail flyers, actual council walking their districts and speaking to the community. When Lynn Kennedy was elected she did come to my home and discussed traffic in my neighborhood and how she would help. That is the last time I saw her. The original districting has now placed with Sam. Whom appeared last night that he has not walked the city in many decades. I am sure she does not know his constituents that live in where he represents. I am not an artist and have lived in the community for over 30 years and have raised two kids here. But I live on the old side of town and would like to continue to have money for two parks that are in my area Beryl Park and Redhill. My neighborhood is very walkable and has several businesses to North and the South. It is a great area for families. The schools are walkable for families that have kids. That is why I love my part of my neighborhood. Thank you DaShawn Parker Page 253 City of Rancho Cucamonga Introduction to Redistricting 2021 11/3/2021 Todd Tatum National Demographics Corporation 2 Redistricting Process 2*SB 594 would explicitly confirm maps may be adopted by resolution. Step Description Two Initial Hearings September 16 & November 3 The first hearing held prior to release of draft maps. Education and to solicit input on the communities in the Districts. The second hearing comes after the release of the California Data. There will Draft maps to review on November 3, 2021 Census Data Release Mid/Late August Census Bureau releases official 2020 Census population data. California Data Release September 27, 2021 California Statewide Database releases California’s official ‘prisoner- adjusted’ 2020 redistricting data. Three Draft Map Hearings January 19 & February 2 & February 16 Three Public Hearings to discuss and revise the draft maps and to discuss the election sequence. Final map could be decided at Final Hearing. Map Adoption By April 17, 2022 Final map must be posted at least 7 days prior to adoption. Map adopted via ordinance.* 3 Equal Population Federal Voting Rights Act No Racial Gerrymandering Minimize voters shifted to different election years Respect voters’ choices / continuity in office Future population growth Preserving the core of existing districts 1. Federal Laws 2. California Criteria for Cities (rank ordered) 1.Geographically contiguous 2.Undivided neighborhoods and “communities of interest” (Socio-economic geographic areas that should be kept together) 3.Easily identifiable boundaries 4.Compact (Do not bypass one group of people to get to a more distant group of people) Prohibited: “Shall not favor or discriminate against a political party.” 3. Other Traditional Redistricting Principles 3 Redistricting Rules and Goals 4 Initial Draft Maps NDC has developed 3 draft maps for the City Council to review. The map Number 103 was presented to Plaintiffs per the City’s settlement and discussion is ongoing. November 1, 2021 5November 1, 2021 6 NDC Rancho Cucamonga Map 101 Rancho Cucamonga 101 District 1 2 3 4 Total Total Pop 42,949 41,993 44,478 45,389 174,809 Deviation from ideal -753 -1,709 776 1,687 3,396 % Deviation -1.72%-3.91%1.78%3.86%7.77% Total Pop % Hisp 35.0%48%34%33%37% % NH White 48%26%31%33%34% % NH Black 5%11%11%10%10% % Asian-American 9%11%20%21%16% Citizen Voting Age Pop Total 31,755 29,757 30,468 31,136 123,115 % Hisp 30%42%35%33%35% % NH White 58%34%34%39%41% % NH Black 4%13%16%11%11% % Asian/Pac.Isl.6%9%13%16%11% November 1, 2021 7November 1, 2021 8 NDC Rancho Cucamonga Map 102 November 1, 2021 Rancho Cucamonga 102 District 1 2 3 4 Total Total Pop 44,007 43,939 44,457 42,406 174,809 Deviation from ideal 305 237 755 -1,296 2,051 % Deviation 0.70%0.54%1.73%-2.97%4.69% Total Pop % Hisp 35.8%48%34%32%37% % NH White 47%23%31%36%34% % NH Black 5%13%11%8%10% % Asian-American 9%13%21%20%16% Citizen Voting Age Pop Total 32,610 30,975 30,395 29,136 123,115 % Hisp 31%43%35%31%35% % NH White 56%30%34%45%41% % NH Black 4%16%16%9%11% % Asian/Pac.Isl.6%10%13%15%11% 9November 1, 2021 10 NDC Rancho Cucamonga Map 103 Rancho Cucamonga 103 District 1 2 3 4 Total Total Pop 44,007 43,939 45,130 41,733 174,809 Deviation from ideal 305 237 1,428 -1,969 3,397 % Deviation 0.70%0.54%3.27%-4.51%7.77% Total Pop % Hisp 35.8%48%34%32%37% % NH White 47%23%31%36%34% % NH Black 5%13%11%8%10% % Asian-American 9%13%20%21%16% Citizen Voting Age Pop Total 32,610 30,975 30,923 28,607 123,115 % Hisp 31%43%35%30%35% % NH White 56%30%35%44%41% % NH Black 4%16%15%9%11% % Asian/Pac.Isl.6%10%13%15%11% November 1, 2021 11 Defining Neighborhoods 1st Question: What is your neighborhood? 2nd Question: What are its geographic boundaries? Examples of physical features defining a neighborhood boundary: Natural neighborhood dividing lines, such as highway or major roads, rivers, canals and/or hills Areas around parks or schools Other neighborhood landmarks In the absence of public testimony, planning records and other similar documents may provide definition. 11 12 Beyond Neighborhoods: Defining Communities of Interest 1st Question: What defines your community? Geographic Area, plus Shared issue or characteristic Shared social or economic interest Impacted by county policies Tell us “your community’s story” 2nd Question:Would this community benefit from being “included within a single district for purposes of its effective and fair representation”? Or would it benefit more from having multiple representatives? Definitions of Communities of Interest may not include relationships with political parties, incumbents, or political candidates. 12 13 Public Mapping and Map Review Tools Different tools for different purposes Different tools for different levels of technical skill and interest Simple “review draft maps” tool Easy-to-use “Draw your neighborhood” tool Paper-and Excel-based simple “Draw a draft map” tools that will have a link on the drawrc.org webpage Whether you use the powerful online mapping tool, excel, the paper kit, or just draw on a napkin…we welcome your maps! 14Date Simple Map Drawing Tool Paper “Public Participation Kit” For those without internet access or who prefer paper Total Population Counts only –no demographic numbers 15 “Public Participation Kit” For those who know Excel and do not wish to use online tools Adds CVAP data Excel does the math Date Simple Map Drawing Tool + Excel Supplement 16 Simple Map Review Tool Online Interactive Review Map ESRI’s “ArcGIS Online” –similar to Google Maps in ease of use Used to review, analyze and compare maps, not to create them Includes overlays of “community of interest” and other data 16 17 Redistricting Process Details Date(s)Description Comments September 16, 2021 1st Public Hearing November 3, 2021 2nd Public Hearing September -October 2021 Mapping software released to the public *Estimated time depending on Census data January 19, 2022 3rd Public Hearing January 24, 2022 Maps due from the Public January 26, 2022 Publish Draft map(s)7 Days prior to adoption February 2, 2022 4th Public Hearing to consider Draft maps February 16, 2022 5th Public Hearing and Council could adopt District map. Must be completed no later than April 17, 2022 The 5th hearing could also be the adoption hearing April 17, 2022 Deadline to adopt and submit map to Registrar 18 Public Hearing & Discussion 18 What is your neighborhood and what are its boundaries? What other notable areas are in the City, and what are their boundaries? Any questions about the mapping tools? Any Questions on the Draft Maps presented tonight? Any questions on the process as it relates to the Settlement Agreement? Discussion on: “neighborhoods” “communities of interest . . . that should be included within a single district for purposes of its effective and fair representation.” 19 Share Your Thoughts Website https://drawrc.org Phone (909) 774-2023 Email city.clerk@cityofrc.us 19 DATE:November 3, 2021 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Anne McIntosh, AICP, Planning Director Jennifer Nakamura, Management Analyst II SUBJECT:Consideration of First Reading of Ordinance No. 988, to be Read by Title Only and Waive Further Reading, Amending, Title 17 of the Rancho Cucamonga Municipal Code to Permit Utility Companies to Store Materials and Equipment Associated with Utility Facilities and Infrastructure, to Correct an Omission for Food Manufacturing Uses in the Allowed Land Use Table, Delete an Errant Line Related to Building Height in the Industrial Development Standards Table and Adopt an Uncodified Amendment to Ordinance No. 982 to Exempt Certain Buildings Currently Under Construction from the Amended Use Table. (ORDINANCE NO. 988) (CITY) RECOMMENDATION: Planning Commission recommends that the City Council conduct first reading of Ordinance No. 988, to be read by title only to make clarifying amendments to the industrial code development standards previously adopted. BACKGROUND: On July 21, 2021, the City Council adopted Ordinance No. 982, amending Title 17 of the Municipal Code to modify administrative procedures, rename zoning districts, amend land uses and definitions and create new development standards for industrial development. Ordinance No. 982 became effective on August 20, 2021. ANALYSIS: Given the extensive and innovative new land use regulations included in Ordinance No. 982, the City Council understood that certain refinements would be necessary as the regulations were applied to certain types of industrial uses and properties to avoid unintended consequences. Staff is proposing the following changes: Material and Equipment Storage for Public Utilities Staff is proposing amending Section 17.48.050.E (Screening for Industrial Zoning Districts) to add text clarifying that public utility companies (such as Southern California Edison) may store material or equipment associate with the construction or operation of utility facilities and infrastructure on real property owned or controlled by a public utility company. Page 254 Page 2 1 0 0 2 Addition to the Allowed Land Use Table During the development of the industrial code standards, a new land use type was created called “Food Processing/Manufacturing” to capture uses that manufacture or process food products within the city. Examples include Mission Foods, Coca-Cola, Frito-Lay, Nongshim and Evolution Fresh, all of which are in Rancho Cucamonga. While the new land use was created and a definition was provided, it was not added to the allowed land use table. Staff proposes adding this use to Table 17.30.030-1 (Allowed Land Use Table) as follows: TABLE 17.30.030-1: ALLOWED LAND USES AND PERMIT REQUIREMENTS BY BASE ZONING DISTRICT Land Use/Zoning District VL L LM M MH H MU MU- GU MU- UCR MU- UCT OP NC GC CC SC RRC CO IP NI IE OS HR FC UC Industrial, Manufacturing, and Processing Uses (17) Food Processing/ Manufacturing N N N N N N N N N N N N N N N N N M P P N N N N Effect of Ordinance No. 982 on Buildings Under Construction There has been concern expressed about industrial projects currently under construction in the City that making certain industrial uses conditionally permitted has created uncertainty in lease negotiations and may make new buildings more challenging to lease to new tenants, adding last minute time and cost delays that were unexpected. While most industrial uses in smaller spaces (50,000 sq. ft or less) are permitted by right there are a limited number of industrial buildings that are nearing completion in the midrange in size (50,000 – 125,000 sq. ft.) that may require a conditional use permit for new tenants, which may delay or prevent leasing of these buildings in the near term. To address these concerns, staff has added language in the ordinance (Section 2) that allows industrial buildings currently under construction to use the land use table, as it existed prior to Ordinance No. 982 determine if the use is permitted. Currently, there is one identified project that this section would apply to, located at 8738, 8768 and 8798 E. 9th Street. Any other developers who feel their project applies for this exemption may request a determination from the Planning Director. Deletion in the Industrial Development Standards Table An extraneous line was included in Table 17.36.040-1 under Maximum Building Height with no reference to any specific height development standard. Staff proposes Table 17.36.040-1 (Industrial Development Standards) be amended to delete the extraneous line as shown below: TABLE 17.36.040-1 DEVELOPMENT STANDARDS FOR INDUSTRIAL ZONING DISTRICTS Development Standard/Zoning District IP NI IE Lot area (minimum) (1)0.5 ac 0.5 ac 5 ac or 2 ac (2) Page 255 Page 3 1 0 0 2 Lot width (minimum) (3)100 ft 100 ft 100 ft Min. Setback (ft.) (4) Front yard (and Street Side Yard)See Table 17.36.040-2 Major Arterial and Special Boulevard 45 ft 45 ft 45 ft Secondary 35 ft 35 ft 35 ft Local/Collector 25 ft 25 ft 25 ft Interior Side yard 5 ft (5)5 ft (5)5 ft (5) Rear yard 0 ft (5)0 ft (5)0 ft (5) Distance Between Buildings Primary buildings Must meet current building code requirements Accessory buildings Must meet current building code requirements Max. Building Height (ft.) Primary buildings (7)35 feet at the front setback line (6) 45 ft 45 ft 65 ft Accessory buildings - Detached 25 ft 25 ft 25 ft Accessory buildings – Attached Maker Space --35 ft 35 ft Floor Area Ratio (Ratio of building floor area to lot square footage) Floor area ratio 0.4-0.6 (8)0.4-0.6 (9) 0.4-0.6 (9) Max. Building Footprint (sq. ft.) Primary Building (10)--200,000 450,000 Accessory Building - Detached --5,000 10,000 Accessory Building – Attached Maker Space --30,000 30,000 Min. Open Space (minimum percentage of open space per parcel or project) Open space/landscape area 15%10%10% (2) /5% Performance standards (see chapter 17.66)A A C/B (2) Environmental Assessment The Planning Department has determined that this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines. The Ordinance qualifies under the general rule that CEQA applies only to projects, which have the potential for causing significant effects on the environment. Pursuant to State CEQA Guidelines Section 15061(B)(3), where it can be seen with certainty that there is no possibility that the activity in question may have significant effect on the environment, the activity is not subject to CEQA. The Ordinance does not propose any physical change to the environment itself. Public utilities are generally exempt from the City’s zoning and building regulations, such that the proposed amendment to the storage regulations applicable to public utilities will not cause a change to the baseline environmental and regulatory setting. Furthermore, any industrial warehouse building currently under construction as of the effective date of Ordinance No. 982 underwent environmental review at the time the building’s discretionary entitlements were approved. Such Page 256 Page 4 1 0 0 2 environmental review would have considered the effects of warehouse uses within the industrial warehouse buildings. No changes to the baseline environmental setting is caused by confirming that warehouse uses are permitted in buildings that were currently under construction when Ordinance No. 982 took effect. In addition, updates to the land use table and development standards table to correct errors and omissions do not create any relaxation of the development standards that were implemented prior to when Ordinance No. 982 became effective or have been applied since the effective date of Ordinance No. 982. Planning Commission On October 13, 2021, the Planning Commission held a public hearing to consider these amendments. No public testimony was offered. The Planning Commission unanimously recommended approval the changes. FISCAL IMPACT: The proposed clarifying amendments have no expected fiscal impact to the City. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: Through the continued engagement of stakeholders and using that information to guide our decisions on the code updates, we are guided by the Council’s core values of intentionally embracing and anticipating the future, working together cooperatively and respectfully with each other, staff and all stakeholders, and intentionally embracing and anticipating the future. ATTACHMENTS: Attachment 1 – Planning Commission Resolution 2021-069 Attachment 2 – Ordinance No. 988 Page 257 Attachment 1 Page 258 Page 259 Page 260 Draft Ordinance – Page 1 of 6 1 8 0 8 ORDINANCE NO. 988 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, AMENDING TITLE 17 OF THE RANCHO CUCAMONGA MUNICIPAL CODE TO PERMIT UTILITY COMPANIES TO STORE MATERIALS AND EQUIPMENT ASSOCIATED WITH UTILITY FACILITIES AND INFRASTRUCTURE AND TO CORRECT ERRORS AND OMISSIONS IN THE ALLOWED LAND USE TABLE AND INDUSTRIAL DEVELOPMENT STANDARDS TABLE AND TO ADOPT AN UNCODIFIED AMENDMENT TO ORDINANCE NO. 982 TO EXEMPT CERTAIN BUILDINGS CURRENTLY UNDER CONSTRUCTION FROM THE AMENDED USE TABLE, MAKING FINDINGS IN SUPPORT THEREOF, AND MAKING A DETERMINATION THAT THE ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT I. Recitals. A. On July 21, 2021, the City Council adopted Ordinance No. 982 to amend the land use regulations applicable to industrial uses, including new regulations applicable to the storage of materials and equipment on industrial-zoned properties and amendments to the Development Code’s land use table to require discretionary use permits for certain types of industrial uses. The primary purpose of Ordinance No. 982 was to prohibit or further regulate industrial uses that often pose significant air quality, traffic, and aesthetic impacts. Ordinance No. 982 took effect on August 20, 2021. B. Given the extensive and innovative new land use regulations included in Ordinance No. 982, the City Council understood that certain refinements would be necessary as the regulations were applied to certain types of industrial uses and properties in order to avoid unintended consequences. The purpose of this Ordinance is to provide clarity to public utilities and industrial developers with buildings that were under construction when Ordinance No. 982 took effect. In addition, two errors were discovered after the implementation of Ordinance No. 982: 1) A land use definition was added for “Food Processing/Manufacturing”, however the use was not added to the land use table defining where this use is allowed and 2) an extraneous line was included in Table 17.36.040-1 with no reference to any specific development standard. C. On October 13, 2021, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing with respect to the Ordinance and, following the conclusion thereof, adopted Resolution No. 21-69, recommending that the City Council of the City of Rancho Cucamonga adopt this Ordinance. D. On November 3, 2021, the City Council of the City of Rancho Cucamonga conducted a noticed public hearing on this Ordinance and concluded said hearing on that date. E. All legal prerequisites prior to the adoption of this Ordinance have occurred. II.Findings. A.Based upon all available evidence presented to the City Council during the above- referenced public hearing, this City Council hereby finds and concludes that the changes Page 261 Draft Ordinance – Page 2 of 6 1 8 0 8 proposed to Title 17 (“Development Code”) of the Rancho Cucamonga Municipal Code by this Ordinance and the uncodified amendment to Ordinance No. 982 are consistent with the General Plan goals, policies, and implementation programs. General Plan Resource Conservation Policy Goals 4 through 6 encourage the City to work with public utility providers to promote adequate and efficient utility services within the City. Ensuring that public utilities, including Southern California Edison, have sufficient laydown areas to store equipment and materials, will ensure that the City does not unduly restrict such utility development within the City. In addition, providing a limited exemption from the use table amended by Ordinance No. 982 will be consistent with the General Plan’s characterization of the City as business-friendly and committed to fairness in the development process. (General Plan, pg. I-8). The proposed changes to the land use and development standards tables correct clerical errors further promote fairness in the development process by providing clarity in the development code for the standards and regulations for existing and new development. B. The Planning Department has determined that this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines. The Ordinance qualifies under the general rule that CEQA applies only to projects, which have the potential for causing significant effects on the environment. Pursuant to State CEQA Guidelines Section 15061(B)(3), where it can be seen with certainty that there is no possibility that the activity in question may have significant effect on the environment, the activity is not subject to CEQA. The Ordinance does not propose any physical change to the environment itself. Public utilities are generally exempt from the City’s zoning and building regulations, such that the proposed amendment to the storage regulations applicable to public utilities will not cause a change to the baseline environmental and regulatory setting. Furthermore, any industrial warehouse building currently under construction as of the effective date of Ordinance No. 982 underwent environmental review at the time the building’s discretionary entitlements were approved. Such environmental review would have considered the effects of warehouse uses within the industrial warehouse buildings. No changes to the baseline environmental setting is caused by confirming that warehouse uses are permitted in buildings that were currently under construction when Ordinance No. 982 took effect. In addition, updates to the land use table and development standards table to correct errors and omissions do not create any relaxation of the development standards that were implemented prior to when Ordinance No. 982 became effective or have been applied since the effective date of Ordinance No. 982. Based on this evidence and all of the evidence in the record, the City Council concurs with the Planning Department’s determination that this Ordinance will not have a significant effect on the environment and is therefore exempt from further environmental review under CEQA. III.Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1. Subsection E (“Industrial Zoning Districts”) of Section 17.48.050 (“Requirements by Land Use Type”) of Chapter 17.48 (Fences, Walls, and Screening) of Article IV (Site Development Provisions) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: E.Industrial zoning districts. 1.Storage area/screening. The purpose of storage area/screening regulations is to allow for on-site storage, which is screened from view from the public right-of-way or from adjacent properties accessible to the public and is architecturally compatible with the Page 262 Draft Ordinance – Page 3 of 6 1 8 0 8 surrounding environment. The following standards shall apply according to land use category: a.Standards for storage area/screen wall height in all industrial zoning districts. The height of all storage area/screening walls shall not exceed eight feet, measured from the finished grade immediately adjacent to the wall and the top of the wall. b.Industrial Park (IP) Zoning District. No outdoor storage shall be permitted except for fleet vehicles and light trucks (not exceeding 6,000 pounds). Outdoor storage tanks may be permitted at a height not to exceed eight feet from highest finished grade when screened from public view by walls constructed of concrete, masonry, or other similar materials. c.Neo-Industrial (NI) Zoning District. All materials, supplies, equipment, loading docks, and trucks and trailers shall be stored within an enclosed building or an area screened from public view. d.Industrial Employment (IE) Zoning District. All materials, supplies, equipment, and operating trucks shall be stored within an enclosed building or storage area. Such storage areas within 120 feet of a street frontage shall be screened. e. Within 600 feet of the I-15 right-of-way, all outdoor storage shall be screened from public view from the freeway. Screening may include the use or combination of block or masonry walls, 36-inch box trees planted a maximum of 30 feet apart, or the building mass. f. Within all industrial land use categories, all storage area screening shall be architecturally integrated with surrounding buildings utilizing concrete, masonry, or other similar materials. For walls comprised of the combination of a screen wall on top of a retaining wall, the overall height of the combined wall may exceed eight feet provided that the part of the wall that faces the public right-of-way (street, sidewalk, etc.), does not exceed the maximum height established in section 17.48.050.E.1.a. g. Within the Industrial Employment (IE) Zoning District, storage area screening may include masonry or concrete walls and, metal, or wood fences. The front and exterior side area shall be screened with non-opaque fencing, when loading areas or storage areas are not present. h. Storage of materials or equipment shall not exceed screen height within 100 feet of street-fronting screens. i. The planning director may waive screening requirements where future building expansion would screen an abutting storage area. j. The planning director may waive screening requirements along the front and exterior side of the building if there are no loading docks or storage areas present. h. Notwithstanding the foregoing, a public utility company may store materials or equipment associated with the construction or operation of utility facilities and infrastructure on real property owned or controlled by the public utility company. SECTION 2. Notwithstanding anything to the contrary in Ordinance No. 982, Section 17.30.030 (“Allowed Land Uses and Permit Requirements”), including Table 17.30-030-1 (“Allowed Land Uses and Permit Requirements by Base Zoning District”), Section 17.32.020 Page 263 Draft Ordinance – Page 4 of 6 1 8 0 8 (“Allowed Use Descriptions”), and Article II (“Land Use and Development Procedures”) of the Rancho Cucamonga Municipal Code (the “Use Provisions”), as amended by Ordinance No. 982, shall not apply to any industrial warehouse building that had received all required discretionary entitlements and building permits and was under construction as of Ordinance No. 982’s effective date (an “Exempt Building”). Instead, the Use Provisions in effect on August 19, 2021, shall continue to apply to an Exempt Building unless and until the building is significantly altered or reconstructed, in which case the Exempt Building and the uses contained therein shall be subject to the provisions of Chapter 17.62 of the Rancho Cucamonga Municipal Code (“Nonconforming Uses and Structures”). The City Council finds that the only industrial warehouse building qualifying as an Exempt Building is located at 8738, 8768, 8798 E. 9th Street, which is currently owned by 9th&Vineyard LLC. In the event that any other property owner claims to own an Exempt Building, then the Planning Director shall verify in writing that the building qualifies as such. SECTION 3. Table 17.30.030-1 (“Allowed Land Uses and Permit Requirements By Base Zoning District”) of Section 17.30.030 (“Allowed Land Uses and Permit Requirements”) of Chapter 17.30 (“Allowed Land Use By Base Zoning District”) of Article III (“Zoning Districts, Allowed Uses, and Development Standards”) of Title 17 (“Development Code”) of the Rancho Cucamonga Municipal Code is hereby amended to insert in the appropriate place a row for “Food Processing/Manufacturing,” as defined allowed land use descriptions (section 17.32.020), to read as follows: TABLE 17.30.030-1: ALLOWED LAND USES AND PERMIT REQUIREMENTS BY BASE ZONING DISTRICT Land Use/Zoning District VL L LM M MH H MU MU- GU MU- UCR MU- UCT OP NC GC CC SC RRC CO IP NI IE OS HR FC UC Industrial, Manufacturing, and Processing Uses (17) Food Processing/ Manufacturing N N N N N N N N N N N N N N N N N M P P N N N N SECTION 4. Table 17.36.040-1 (“Development Standards for Industrial Zoning Districts”) of Section 17.36.040 (“Development Standards for Industrial Zoning Districts”) of Chapter 17.36 (“Development Standards By Base Zoning District”) of Article III (“Zoning Districts, Allowed Uses, and Development Standards”) of Title 17 (“Development Code”) of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: TABLE 17.36.040-1 DEVELOPMENT STANDARDS FOR INDUSTRIAL ZONING DISTRICTS Development Standard/Zoning District IP NI IE Lot area (minimum) (1)0.5 ac 0.5 ac 5 ac or 2 ac (2) Lot width (minimum) (3)100 ft 100 ft 100 ft Min. Setback (ft.) (4) Front yard (and Street Side Yard)See Table 17.36.040-2 Major Arterial and Special Boulevard 45 ft 45 ft 45 ft Page 264 Draft Ordinance – Page 5 of 6 1 8 0 8 Secondary 35 ft 35 ft 35 ft Local/Collector 25 ft 25 ft 25 ft Interior Side yard 5 ft (5)5 ft (5)5 ft (5) Rear yard 0 ft (5)0 ft (5)0 ft (5) Distance Between Buildings Primary buildings Must meet current building code requirements Accessory buildings Must meet current building code requirements Max. Building Height (ft.) Primary buildings (7)35 feet at the front setback line (6) 45 ft 45 ft 65 ft Accessory buildings - Detached 25 ft 25 ft 25 ft Accessory buildings – Attached Maker Space --35 ft 35 ft Floor Area Ratio (Ratio of building floor area to lot square footage) Floor area ratio 0.4-0.6 (8)0.4-0.6 (9) 0.4-0.6 (9) Max. Building Footprint (sq. ft.) Primary Building (10)--200,000 450,000 Accessory Building - Detached --5,000 10,000 Accessory Building – Attached Maker Space --30,000 30,000 Min. Open Space (minimum percentage of open space per parcel or project) Open space/landscape area 15%10%10% (2) /5% Performance standards (see chapter 17.66)A A C/B (2) Table notes: (1)Condominium lots. Condominium lots and lots within an approved master planned development are exempt from required minimum parcel size and dimension requirements. (2)The following applies within 1,000 feet of Arrow Route: minimum 2-acre lot area; 10% minimum landscape area; and the “B” level performance standards (chapter 17.66). (3)Setbacks shall be the minimum required under the city’s currently adopted building code. (4)Setback shall be increased to 45 feet when abutting a residential property line or adjacent to Interstate 15. (5)See Table 17.36.040-2 for parcels abutting special boulevards as indicated in Figure 17.36.040-1 (Special Streetscape Requirements). (6)Buildings used for industrial uses that exceed 35 feet in height shall be set back an additional one foot from the front setback line for each one foot of building height up to a maximum setback of 70 feet. The portion of the building used for offices are not subject to this requirement. (7)Heights over 75 feet may be permitted with a conditional use permit. (8)For hotels and motels, the maximum floor area ratio is 1.0 (100 percent). (9)Parking structures in the Neo-Industrial (NI) and Industrial Employment (IE) Zoning Districts are exempt from floor area ratio requirements. (10)Conditional use permit approval by the city council is required for all industrial buildings larger than 75,000 square feet in gross floor area. See Section 17.20.060 (Conditional use permit). A master plan is required for all industrial buildings larger than 450,000 square feet in gross floor area. Page 265 Draft Ordinance – Page 6 of 6 1 8 0 8 SECTION 5. The City Council declares that, should any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason be held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 6. The City Clerk shall certify to the adoption of this Ordinance and shall cause it to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED this _____ day of ______________, 2021. _____________________________________ 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 _____ day of _______________, 2021, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the ______ day of ______________, 2021, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: ATTEST:______________________________ City Clerk Page 266 Industrial Code Amendment Revisions November 3,2021 Background •July 2021 –Ordinance 982 adopted •Significant revision to industrial development standards •Effective August 20, 2021 •Minor revisions needed #1 –Materials Storage •Clarification for public utilities •Add text to Section 17.48.050.E •Permit storage of materials for public utility use #2 –Land Use Table •Add a new use –Food Processing/Manufacturing •Defined under Ordinance 982 •Omitted from the table #3 –Buildings Under Construction •Concerns about how changes impact buildings under construction •Add language in the ordinance to allow these buildings to tenant under the old land use provisions •One identified project #4 –Development Standards •Delete extraneous line from the table •No reference to any development standard Recommendation •Considered by Planning Commission on October 13 •Unanimously recommend amendments •Concur amendment is exempt from CEQA •Conduct first reading of Ordinance 988