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HomeMy WebLinkAbout2021/12/15 -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 December 15, 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 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) D2.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) D3.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT THE TERMINUS OF SMOKESTONE STREET, EAST OF TORREY PINE COURT, RANCHO CUCAMONGA, CALIFORNIA 91739, IDENTIFIED AS COUNTY ASSESSOR’S PARCEL NUMBER 0228­044­24, NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND CHAO PING YANG; REGARDING PRICE AND TERMS. – (CITY) D4.PUBLIC EMPLOYEE PERFORMANCE EVALUATION PER GOVERNMENT CODE SECTION 54957 (TITLE: CITY MANAGER) D5.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE’S INC. V. CITY OF RANCHO CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA, CASE NO. 5:20CV02506JGBSP – (CITY) D6.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: HIMNEL USA, INC. d/b/a ST. MARY'S MONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OF RANCHO CUCAMONGA, SBSC CASE NO.: CIVDS 2014554. – (CITY) D7.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V. DR LANDMARK, INC.; POWER MEDIC TECHNOLOGIES, INC.; HOFER PROPERTIES, LLC; AND DOES 1 THROUGH 5 INCLUSIVE, SBSC CASE NO.: CIVDS 1904713 – (CITY) D8.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) D9.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­162­23; 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) 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.Administration of Oath of Office to Reappointed Planning/Historical Preservation Commissioner Tony Morales and Newly Appointed Planning/Historical Preservation Commissioners James Daniels and Al Boling. B2.Presentation of a Proclamation Recognizing Santa Claus for his Choice to be Vaccinated Against the COVID­19 Virus, and Providing Santa with Two Paid Floating Holidays Off in Accordance with the City's Vaccine Incentive Program. 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 $2,158,297.81 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $1,604,931.89 Dated November 19, 2021 Through December 05, 2021 and City and Fire District Electronic Debit Registers for the Month of November in the Total Amount of $1,198,638.17. (CITY/FIRE) D2.Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $5,122.49 Dated November 19, 2021 Through December 05, 2021. (CITY/FIRE) D3.Consideration to Receive and File Current Investment Schedules as of November 30, 2021 for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE) D4.Consideration of a Resolution Adopting the Rancho Cucamonga Fire Protection District Salary Schedules for Fiscal Year 2021­22. (RESOLUTION NO. FD 2021­033) (FIRE) D5.Consideration of a Resolution Repealing Resolution FD 2020­023 Concerning a Declaration of Surplus Land Pursuant to Government Code Section 54221 for Real Property Located at 8340 Utica Avenue. (RESOLUTION NO. FD2021­034) (FIRE) D6.Consideration of the Purchase of Body Armor from Safariland, LLC Utilizing a Piggyback Opportunity Through a Competitively Bid Contract from the State of California, Contract 1­18­ 84­07, in the Amount of $116,543. (FIRE) D7.Consideration of the Final Map for Tract 20118, Improvement Agreement and Improvement Securities for Street Improvements for Case No. SUBTT20118, Located South of 6th Street and West of the Resort Parkway. (CITY) D8.Consideration to Accept Public Improvements Located at the Northeast Corner of Center Avenue and 6th Street per the Improvement Agreement Related to Case No. DRC2018­00553, as Complete, File the Notice of Completion, and Authorize Release of Bonds. (CITY) D9.Consideration of License Agreements for Public Improvements Adjacent to the Railroad Spur Track on 8th Street West of Haven Avenue with BNSF Railway Company Related to Case No. DRC2018­00546, Located at 10415 8th Street. (CITY) D10.Consideration of a Professional Services Agreement with Superior Pavement Markings, Inc. for Annual Citywide Striping and Pavement Marking Services in an Amount not to exceed $150,000. (CITY) D11.Consideration of a Contract with Onyx Paving Company, Inc., in an Amount of $1,727,000, Plus 10% Contingency for the Rochester Avenue Pavement Rehabilitation Project. (CITY) D12.Consideration of a Resolution Authorizing the Acceptance of the Conveyance of Property from the California Department of Transportation (Caltrans) and Authorizing the Appropriation of Funds for the Purchase. (RESOLUTION NO. 2021­134) (CITY) D13.Consideration of Resolution No. 2021­135, Authorizing the City to Enter into the Settlement Agreements with McKesson Corporation, Cardinal Health, Inc., AmerisourceBergen Corporation, Johnson & Johnson, Janssen Pharmaceuticals, Inc., Ortho­McNeil­Janssen Pharmaceuticals, Inc., and Janssen Pharmaceutica, Inc., Agree to the Terms of the Memorandum of Understanding Allocating Settlement Proceeds, and Authorize Entry into the Memorandum of Understanding with the Attorney General; and authorize the City Attorney to take all actions necessary and convenient to implement the settlements. (RESOLUTION NO. 2021­135) (CITY) D14.Consideration to Re­appoint William Wittkopf, Public Works Services Director, as representative of the City of Rancho Cucamonga on the West Valley Mosquito and Vector Control (WVMVC) District Board of Trustees. (CITY) D15.Consideration to Approve the Housing Successor Fiscal Year 2020/2021 Annual Report. (HOUSING SUCCESSOR AGENCY) E. CONSENT CALENDAR ORDINANCE(S) ­ SECOND READING/ADOPTION F. ADMINISTRATIVE HEARING ITEM(S) G. ADVERTISED PUBLIC HEARINGS ITEM(S) ­ CITY/FIRE DISTRICT G1.Consideration of Resolutions to Certify the Environmental Impact Report (SCH 2021050261) and Adopt the PlanRC General Plan Update, 2021­2029 Housing Element, and Climate Action Plan. (RESOLUTION NOS. 2021­132 AND 2021­133) (CITY) G2.Continued Public Hearing to Consider First Reading of Ordinance 991, to be Read by Title Only and Waive Further Reading, Adding Chapter 3.76 to the Rancho Cucamonga Municipal Code to Establish a Non­Residential Affordable Housing Development Impact Fee, and Resolution 2021­131, Establishing Non­Residential Affordable Housing Development Impact Fees. (ORDINANCE NO. 991) (RESOLUTION NO. 2021­131) (Continued Public Hearing from December 1, 2021 City Council Meeting) (CITY) H. CITY MANAGER'S STAFF REPORT(S) I. COUNCIL BUSINESS I1.Consideration to Approve the Re­appointments of Three Public Members to the Public Art Committee. (CITY) I2.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I3.INTER​AGENCY 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 – JANUARY 5, 2022 L. ADJOURNMENT CERTIFICATION I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least twenty​four (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 AGENDADecember 15, 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 ANNOUNCEMENTS D. CONDUCT OF CLOSED SESSION D1.CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA CITY EMPLOYEES’ ASSOCIATION (RCCEA), 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) D2.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) D3.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT THE TERMINUS OF SMOKESTONE STREET, EAST OF TORREY PINE COURT, RANCHO CUCAMONGA, CALIFORNIA 91739, IDENTIFIED AS COUNTY ASSESSOR’S PARCEL NUMBER 0228­044­24, NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND CHAO PING YANG; REGARDING PRICE AND TERMS. – (CITY) D4.PUBLIC EMPLOYEE PERFORMANCE EVALUATION PER GOVERNMENT CODE SECTION 54957 (TITLE: CITY MANAGER) D5.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE’S INC. V. CITY OF RANCHO CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA, CASE NO. 5:20CV02506JGBSP – (CITY) D6.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: HIMNEL USA, INC. d/b/a ST. MARY'S MONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OF RANCHO CUCAMONGA, SBSC CASE NO.: CIVDS 2014554. – (CITY) D7.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V. DR LANDMARK, INC.; POWER MEDIC TECHNOLOGIES, INC.; HOFER PROPERTIES, LLC; AND DOES 1 THROUGH 5 INCLUSIVE, SBSC CASE NO.: CIVDS 1904713 – (CITY) D8.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) D9.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­162­23; 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) 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.Administration of Oath of Office to Reappointed Planning/Historical Preservation Commissioner Tony Morales and Newly Appointed Planning/Historical Preservation Commissioners James Daniels and Al Boling. B2.Presentation of a Proclamation Recognizing Santa Claus for his Choice to be Vaccinated Against the COVID­19 Virus, and Providing Santa with Two Paid Floating Holidays Off in Accordance with the City's Vaccine Incentive Program. 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 $2,158,297.81 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $1,604,931.89 Dated November 19, 2021 Through December 05, 2021 and City and Fire District Electronic Debit Registers for the Month of November in the Total Amount of $1,198,638.17. (CITY/FIRE) D2.Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $5,122.49 Dated November 19, 2021 Through December 05, 2021. (CITY/FIRE) D3.Consideration to Receive and File Current Investment Schedules as of November 30, 2021 for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE) D4.Consideration of a Resolution Adopting the Rancho Cucamonga Fire Protection District Salary Schedules for Fiscal Year 2021­22. (RESOLUTION NO. FD 2021­033) (FIRE) D5.Consideration of a Resolution Repealing Resolution FD 2020­023 Concerning a Declaration of Surplus Land Pursuant to Government Code Section 54221 for Real Property Located at 8340 Utica Avenue. (RESOLUTION NO. FD2021­034) (FIRE) D6.Consideration of the Purchase of Body Armor from Safariland, LLC Utilizing a Piggyback Opportunity Through a Competitively Bid Contract from the State of California, Contract 1­18­ 84­07, in the Amount of $116,543. (FIRE) D7.Consideration of the Final Map for Tract 20118, Improvement Agreement and Improvement Securities for Street Improvements for Case No. SUBTT20118, Located South of 6th Street and West of the Resort Parkway. (CITY) D8.Consideration to Accept Public Improvements Located at the Northeast Corner of Center Avenue and 6th Street per the Improvement Agreement Related to Case No. DRC2018­00553, as Complete, File the Notice of Completion, and Authorize Release of Bonds. (CITY) D9.Consideration of License Agreements for Public Improvements Adjacent to the Railroad Spur Track on 8th Street West of Haven Avenue with BNSF Railway Company Related to Case No. DRC2018­00546, Located at 10415 8th Street. (CITY) D10.Consideration of a Professional Services Agreement with Superior Pavement Markings, Inc. for Annual Citywide Striping and Pavement Marking Services in an Amount not to exceed $150,000. (CITY) D11.Consideration of a Contract with Onyx Paving Company, Inc., in an Amount of $1,727,000, Plus 10% Contingency for the Rochester Avenue Pavement Rehabilitation Project. (CITY) D12.Consideration of a Resolution Authorizing the Acceptance of the Conveyance of Property from the California Department of Transportation (Caltrans) and Authorizing the Appropriation of Funds for the Purchase. (RESOLUTION NO. 2021­134) (CITY) D13.Consideration of Resolution No. 2021­135, Authorizing the City to Enter into the Settlement Agreements with McKesson Corporation, Cardinal Health, Inc., AmerisourceBergen Corporation, Johnson & Johnson, Janssen Pharmaceuticals, Inc., Ortho­McNeil­Janssen Pharmaceuticals, Inc., and Janssen Pharmaceutica, Inc., Agree to the Terms of the Memorandum of Understanding Allocating Settlement Proceeds, and Authorize Entry into the Memorandum of Understanding with the Attorney General; and authorize the City Attorney to take all actions necessary and convenient to implement the settlements. (RESOLUTION NO. 2021­135) (CITY) D14.Consideration to Re­appoint William Wittkopf, Public Works Services Director, as representative of the City of Rancho Cucamonga on the West Valley Mosquito and Vector Control (WVMVC) District Board of Trustees. (CITY) D15.Consideration to Approve the Housing Successor Fiscal Year 2020/2021 Annual Report. (HOUSING SUCCESSOR AGENCY) E. CONSENT CALENDAR ORDINANCE(S) ­ SECOND READING/ADOPTION F. ADMINISTRATIVE HEARING ITEM(S) G. ADVERTISED PUBLIC HEARINGS ITEM(S) ­ CITY/FIRE DISTRICT G1.Consideration of Resolutions to Certify the Environmental Impact Report (SCH 2021050261) and Adopt the PlanRC General Plan Update, 2021­2029 Housing Element, and Climate Action Plan. (RESOLUTION NOS. 2021­132 AND 2021­133) (CITY) G2.Continued Public Hearing to Consider First Reading of Ordinance 991, to be Read by Title Only and Waive Further Reading, Adding Chapter 3.76 to the Rancho Cucamonga Municipal Code to Establish a Non­Residential Affordable Housing Development Impact Fee, and Resolution 2021­131, Establishing Non­Residential Affordable Housing Development Impact Fees. (ORDINANCE NO. 991) (RESOLUTION NO. 2021­131) (Continued Public Hearing from December 1, 2021 City Council Meeting) (CITY) H. CITY MANAGER'S STAFF REPORT(S) I. COUNCIL BUSINESS I1.Consideration to Approve the Re­appointments of Three Public Members to the Public Art Committee. (CITY) I2.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I3.INTER​AGENCY 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 – JANUARY 5, 2022 L. ADJOURNMENT CERTIFICATION I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least twenty​four (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 AGENDADecember 15, 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 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)D2.CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATIONPURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION54956.9: 1 CASE – (CITY)D3.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT THE TERMINUS OF SMOKESTONE STREET, EAST OFTORREY PINE COURT, RANCHO CUCAMONGA, CALIFORNIA 91739, IDENTIFIED AS COUNTYASSESSOR’S PARCEL NUMBER 0228­044­24, NEGOTIATING PARTIES JOHN GILLISON, CITYMANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND CHAO PING YANG;REGARDING PRICE AND TERMS. – (CITY)D4.PUBLIC EMPLOYEE PERFORMANCE EVALUATION PER GOVERNMENT CODE SECTION 54957(TITLE: CITY MANAGER)D5.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE’S INC. V. CITY OFRANCHO CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OFCALIFORNIA, CASE NO. 5:20CV02506JGBSP – (CITY)D6.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: HIMNEL USA, INC. d/b/a ST.MARY'S MONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OFRANCHO CUCAMONGA, SBSC CASE NO.: CIVDS 2014554. – (CITY)D7.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHOCUCAMONGA V. DR LANDMARK, INC.; POWER MEDIC TECHNOLOGIES, INC.; HOFERPROPERTIES, LLC; AND DOES 1 THROUGH 5 INCLUSIVE, SBSC CASE NO.: CIVDS 1904713 –(CITY)D8.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 FORTH ABOVE. – (CITY) D9.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­162­23; 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) 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.Administration of Oath of Office to Reappointed Planning/Historical Preservation Commissioner Tony Morales and Newly Appointed Planning/Historical Preservation Commissioners James Daniels and Al Boling. B2.Presentation of a Proclamation Recognizing Santa Claus for his Choice to be Vaccinated Against the COVID­19 Virus, and Providing Santa with Two Paid Floating Holidays Off in Accordance with the City's Vaccine Incentive Program. 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 $2,158,297.81 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $1,604,931.89 Dated November 19, 2021 Through December 05, 2021 and City and Fire District Electronic Debit Registers for the Month of November in the Total Amount of $1,198,638.17. (CITY/FIRE) D2.Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $5,122.49 Dated November 19, 2021 Through December 05, 2021. (CITY/FIRE) D3.Consideration to Receive and File Current Investment Schedules as of November 30, 2021 for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE) D4.Consideration of a Resolution Adopting the Rancho Cucamonga Fire Protection District Salary Schedules for Fiscal Year 2021­22. (RESOLUTION NO. FD 2021­033) (FIRE) D5.Consideration of a Resolution Repealing Resolution FD 2020­023 Concerning a Declaration of Surplus Land Pursuant to Government Code Section 54221 for Real Property Located at 8340 Utica Avenue. (RESOLUTION NO. FD2021­034) (FIRE) D6.Consideration of the Purchase of Body Armor from Safariland, LLC Utilizing a Piggyback Opportunity Through a Competitively Bid Contract from the State of California, Contract 1­18­ 84­07, in the Amount of $116,543. (FIRE) D7.Consideration of the Final Map for Tract 20118, Improvement Agreement and Improvement Securities for Street Improvements for Case No. SUBTT20118, Located South of 6th Street and West of the Resort Parkway. (CITY) D8.Consideration to Accept Public Improvements Located at the Northeast Corner of Center Avenue and 6th Street per the Improvement Agreement Related to Case No. DRC2018­00553, as Complete, File the Notice of Completion, and Authorize Release of Bonds. (CITY) D9.Consideration of License Agreements for Public Improvements Adjacent to the Railroad Spur Track on 8th Street West of Haven Avenue with BNSF Railway Company Related to Case No. DRC2018­00546, Located at 10415 8th Street. (CITY) D10.Consideration of a Professional Services Agreement with Superior Pavement Markings, Inc. for Annual Citywide Striping and Pavement Marking Services in an Amount not to exceed $150,000. (CITY) D11.Consideration of a Contract with Onyx Paving Company, Inc., in an Amount of $1,727,000, Plus 10% Contingency for the Rochester Avenue Pavement Rehabilitation Project. (CITY) D12.Consideration of a Resolution Authorizing the Acceptance of the Conveyance of Property from the California Department of Transportation (Caltrans) and Authorizing the Appropriation of Funds for the Purchase. (RESOLUTION NO. 2021­134) (CITY) D13.Consideration of Resolution No. 2021­135, Authorizing the City to Enter into the Settlement Agreements with McKesson Corporation, Cardinal Health, Inc., AmerisourceBergen Corporation, Johnson & Johnson, Janssen Pharmaceuticals, Inc., Ortho­McNeil­Janssen Pharmaceuticals, Inc., and Janssen Pharmaceutica, Inc., Agree to the Terms of the Memorandum of Understanding Allocating Settlement Proceeds, and Authorize Entry into the Memorandum of Understanding with the Attorney General; and authorize the City Attorney to take all actions necessary and convenient to implement the settlements. (RESOLUTION NO. 2021­135) (CITY) D14.Consideration to Re­appoint William Wittkopf, Public Works Services Director, as representative of the City of Rancho Cucamonga on the West Valley Mosquito and Vector Control (WVMVC) District Board of Trustees. (CITY) D15.Consideration to Approve the Housing Successor Fiscal Year 2020/2021 Annual Report. (HOUSING SUCCESSOR AGENCY) E. CONSENT CALENDAR ORDINANCE(S) ­ SECOND READING/ADOPTION F. ADMINISTRATIVE HEARING ITEM(S) G. ADVERTISED PUBLIC HEARINGS ITEM(S) ­ CITY/FIRE DISTRICT G1.Consideration of Resolutions to Certify the Environmental Impact Report (SCH 2021050261) and Adopt the PlanRC General Plan Update, 2021­2029 Housing Element, and Climate Action Plan. (RESOLUTION NOS. 2021­132 AND 2021­133) (CITY) G2.Continued Public Hearing to Consider First Reading of Ordinance 991, to be Read by Title Only and Waive Further Reading, Adding Chapter 3.76 to the Rancho Cucamonga Municipal Code to Establish a Non­Residential Affordable Housing Development Impact Fee, and Resolution 2021­131, Establishing Non­Residential Affordable Housing Development Impact Fees. (ORDINANCE NO. 991) (RESOLUTION NO. 2021­131) (Continued Public Hearing from December 1, 2021 City Council Meeting) (CITY) H. CITY MANAGER'S STAFF REPORT(S) I. COUNCIL BUSINESS I1.Consideration to Approve the Re­appointments of Three Public Members to the Public Art Committee. (CITY) I2.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I3.INTER​AGENCY 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 – JANUARY 5, 2022 L. ADJOURNMENT CERTIFICATION I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least twenty​four (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 AGENDADecember 15, 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 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)D2.CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATIONPURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION54956.9: 1 CASE – (CITY)D3.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT THE TERMINUS OF SMOKESTONE STREET, EAST OFTORREY PINE COURT, RANCHO CUCAMONGA, CALIFORNIA 91739, IDENTIFIED AS COUNTYASSESSOR’S PARCEL NUMBER 0228­044­24, NEGOTIATING PARTIES JOHN GILLISON, CITYMANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND CHAO PING YANG;REGARDING PRICE AND TERMS. – (CITY)D4.PUBLIC EMPLOYEE PERFORMANCE EVALUATION PER GOVERNMENT CODE SECTION 54957(TITLE: CITY MANAGER)D5.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE’S INC. V. CITY OFRANCHO CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OFCALIFORNIA, CASE NO. 5:20CV02506JGBSP – (CITY)D6.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: HIMNEL USA, INC. d/b/a ST.MARY'S MONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OFRANCHO CUCAMONGA, SBSC CASE NO.: CIVDS 2014554. – (CITY)D7.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHOCUCAMONGA V. DR LANDMARK, INC.; POWER MEDIC TECHNOLOGIES, INC.; HOFERPROPERTIES, LLC; AND DOES 1 THROUGH 5 INCLUSIVE, SBSC CASE NO.: CIVDS 1904713 –(CITY)D8.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. – (CITY)D9.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­162­23; 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. – (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.Administration of Oath of Office to Reappointed Planning/Historical Preservation Commissioner Tony Morales and Newly Appointed Planning/Historical Preservation Commissioners James Daniels and Al Boling. B2.Presentation of a Proclamation Recognizing Santa Claus for his Choice to be Vaccinated Against the COVID­19 Virus, and Providing Santa with Two Paid Floating Holidays Off in Accordance with the City's Vaccine Incentive Program. 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 $2,158,297.81 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $1,604,931.89 Dated November 19, 2021 Through December 05, 2021 and City and Fire District Electronic Debit Registers for the Month of November in the Total Amount of $1,198,638.17. (CITY/FIRE) D2.Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $5,122.49 Dated November 19, 2021 Through December 05, 2021. (CITY/FIRE) D3.Consideration to Receive and File Current Investment Schedules as of November 30, 2021 for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE) D4.Consideration of a Resolution Adopting the Rancho Cucamonga Fire Protection District Salary Schedules for Fiscal Year 2021­22. (RESOLUTION NO. FD 2021­033) (FIRE) D5.Consideration of a Resolution Repealing Resolution FD 2020­023 Concerning a Declaration of Surplus Land Pursuant to Government Code Section 54221 for Real Property Located at 8340 Utica Avenue. (RESOLUTION NO. FD2021­034) (FIRE) D6.Consideration of the Purchase of Body Armor from Safariland, LLC Utilizing a Piggyback Opportunity Through a Competitively Bid Contract from the State of California, Contract 1­18­ 84­07, in the Amount of $116,543. (FIRE) D7.Consideration of the Final Map for Tract 20118, Improvement Agreement and Improvement Securities for Street Improvements for Case No. SUBTT20118, Located South of 6th Street and West of the Resort Parkway. (CITY) D8.Consideration to Accept Public Improvements Located at the Northeast Corner of Center Avenue and 6th Street per the Improvement Agreement Related to Case No. DRC2018­00553, as Complete, File the Notice of Completion, and Authorize Release of Bonds. (CITY) D9.Consideration of License Agreements for Public Improvements Adjacent to the Railroad Spur Track on 8th Street West of Haven Avenue with BNSF Railway Company Related to Case No. DRC2018­00546, Located at 10415 8th Street. (CITY) D10.Consideration of a Professional Services Agreement with Superior Pavement Markings, Inc. for Annual Citywide Striping and Pavement Marking Services in an Amount not to exceed $150,000. (CITY) D11.Consideration of a Contract with Onyx Paving Company, Inc., in an Amount of $1,727,000, Plus 10% Contingency for the Rochester Avenue Pavement Rehabilitation Project. (CITY) D12.Consideration of a Resolution Authorizing the Acceptance of the Conveyance of Property from the California Department of Transportation (Caltrans) and Authorizing the Appropriation of Funds for the Purchase. (RESOLUTION NO. 2021­134) (CITY) D13.Consideration of Resolution No. 2021­135, Authorizing the City to Enter into the Settlement Agreements with McKesson Corporation, Cardinal Health, Inc., AmerisourceBergen Corporation, Johnson & Johnson, Janssen Pharmaceuticals, Inc., Ortho­McNeil­Janssen Pharmaceuticals, Inc., and Janssen Pharmaceutica, Inc., Agree to the Terms of the Memorandum of Understanding Allocating Settlement Proceeds, and Authorize Entry into the Memorandum of Understanding with the Attorney General; and authorize the City Attorney to take all actions necessary and convenient to implement the settlements. (RESOLUTION NO. 2021­135) (CITY) D14.Consideration to Re­appoint William Wittkopf, Public Works Services Director, as representative of the City of Rancho Cucamonga on the West Valley Mosquito and Vector Control (WVMVC) District Board of Trustees. (CITY) D15.Consideration to Approve the Housing Successor Fiscal Year 2020/2021 Annual Report. (HOUSING SUCCESSOR AGENCY) E. CONSENT CALENDAR ORDINANCE(S) ­ SECOND READING/ADOPTION F. ADMINISTRATIVE HEARING ITEM(S) G. ADVERTISED PUBLIC HEARINGS ITEM(S) ­ CITY/FIRE DISTRICT G1.Consideration of Resolutions to Certify the Environmental Impact Report (SCH 2021050261) and Adopt the PlanRC General Plan Update, 2021­2029 Housing Element, and Climate Action Plan. (RESOLUTION NOS. 2021­132 AND 2021­133) (CITY) G2.Continued Public Hearing to Consider First Reading of Ordinance 991, to be Read by Title Only and Waive Further Reading, Adding Chapter 3.76 to the Rancho Cucamonga Municipal Code to Establish a Non­Residential Affordable Housing Development Impact Fee, and Resolution 2021­131, Establishing Non­Residential Affordable Housing Development Impact Fees. (ORDINANCE NO. 991) (RESOLUTION NO. 2021­131) (Continued Public Hearing from December 1, 2021 City Council Meeting) (CITY) H. CITY MANAGER'S STAFF REPORT(S) I. COUNCIL BUSINESS I1.Consideration to Approve the Re­appointments of Three Public Members to the Public Art Committee. (CITY) I2.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I3.INTER​AGENCY 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 – JANUARY 5, 2022 L. ADJOURNMENT CERTIFICATION I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least twenty​four (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 AGENDADecember 15, 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 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)D2.CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATIONPURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION54956.9: 1 CASE – (CITY)D3.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT THE TERMINUS OF SMOKESTONE STREET, EAST OFTORREY PINE COURT, RANCHO CUCAMONGA, CALIFORNIA 91739, IDENTIFIED AS COUNTYASSESSOR’S PARCEL NUMBER 0228­044­24, NEGOTIATING PARTIES JOHN GILLISON, CITYMANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND CHAO PING YANG;REGARDING PRICE AND TERMS. – (CITY)D4.PUBLIC EMPLOYEE PERFORMANCE EVALUATION PER GOVERNMENT CODE SECTION 54957(TITLE: CITY MANAGER)D5.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE’S INC. V. CITY OFRANCHO CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OFCALIFORNIA, CASE NO. 5:20CV02506JGBSP – (CITY)D6.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: HIMNEL USA, INC. d/b/a ST.MARY'S MONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OFRANCHO CUCAMONGA, SBSC CASE NO.: CIVDS 2014554. – (CITY)D7.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHOCUCAMONGA V. DR LANDMARK, INC.; POWER MEDIC TECHNOLOGIES, INC.; HOFERPROPERTIES, LLC; AND DOES 1 THROUGH 5 INCLUSIVE, SBSC CASE NO.: CIVDS 1904713 –(CITY)D8.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. – (CITY)D9.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­162­23; 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. – (CITY)E. 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.Administration of Oath of Office to Reappointed Planning/Historical Preservation Commissioner TonyMorales and Newly Appointed Planning/Historical Preservation Commissioners James Daniels and AlBoling.B2.Presentation of a Proclamation Recognizing Santa Claus for his Choice to be Vaccinated Against theCOVID­19 Virus, and Providing Santa with Two Paid Floating Holidays Off in Accordance with theCity's Vaccine Incentive Program.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 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 $2,158,297.81 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $1,604,931.89 Dated November 19, 2021 Through December 05, 2021 and City and Fire District Electronic Debit Registers for the Month of November in the Total Amount of $1,198,638.17. (CITY/FIRE) D2.Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $5,122.49 Dated November 19, 2021 Through December 05, 2021. (CITY/FIRE) D3.Consideration to Receive and File Current Investment Schedules as of November 30, 2021 for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE) D4.Consideration of a Resolution Adopting the Rancho Cucamonga Fire Protection District Salary Schedules for Fiscal Year 2021­22. (RESOLUTION NO. FD 2021­033) (FIRE) D5.Consideration of a Resolution Repealing Resolution FD 2020­023 Concerning a Declaration of Surplus Land Pursuant to Government Code Section 54221 for Real Property Located at 8340 Utica Avenue. (RESOLUTION NO. FD2021­034) (FIRE) D6.Consideration of the Purchase of Body Armor from Safariland, LLC Utilizing a Piggyback Opportunity Through a Competitively Bid Contract from the State of California, Contract 1­18­ 84­07, in the Amount of $116,543. (FIRE) D7.Consideration of the Final Map for Tract 20118, Improvement Agreement and Improvement Securities for Street Improvements for Case No. SUBTT20118, Located South of 6th Street and West of the Resort Parkway. (CITY) D8.Consideration to Accept Public Improvements Located at the Northeast Corner of Center Avenue and 6th Street per the Improvement Agreement Related to Case No. DRC2018­00553, as Complete, File the Notice of Completion, and Authorize Release of Bonds. (CITY) D9.Consideration of License Agreements for Public Improvements Adjacent to the Railroad Spur Track on 8th Street West of Haven Avenue with BNSF Railway Company Related to Case No. DRC2018­00546, Located at 10415 8th Street. (CITY) D10.Consideration of a Professional Services Agreement with Superior Pavement Markings, Inc. for Annual Citywide Striping and Pavement Marking Services in an Amount not to exceed $150,000. (CITY) D11.Consideration of a Contract with Onyx Paving Company, Inc., in an Amount of $1,727,000, Plus 10% Contingency for the Rochester Avenue Pavement Rehabilitation Project. (CITY) D12.Consideration of a Resolution Authorizing the Acceptance of the Conveyance of Property from the California Department of Transportation (Caltrans) and Authorizing the Appropriation of Funds for the Purchase. (RESOLUTION NO. 2021­134) (CITY) D13.Consideration of Resolution No. 2021­135, Authorizing the City to Enter into the Settlement Agreements with McKesson Corporation, Cardinal Health, Inc., AmerisourceBergen Corporation, Johnson & Johnson, Janssen Pharmaceuticals, Inc., Ortho­McNeil­Janssen Pharmaceuticals, Inc., and Janssen Pharmaceutica, Inc., Agree to the Terms of the Memorandum of Understanding Allocating Settlement Proceeds, and Authorize Entry into the Memorandum of Understanding with the Attorney General; and authorize the City Attorney to take all actions necessary and convenient to implement the settlements. (RESOLUTION NO. 2021­135) (CITY) D14.Consideration to Re­appoint William Wittkopf, Public Works Services Director, as representative of the City of Rancho Cucamonga on the West Valley Mosquito and Vector Control (WVMVC) District Board of Trustees. (CITY) D15.Consideration to Approve the Housing Successor Fiscal Year 2020/2021 Annual Report. (HOUSING SUCCESSOR AGENCY) E. CONSENT CALENDAR ORDINANCE(S) ­ SECOND READING/ADOPTION F. ADMINISTRATIVE HEARING ITEM(S) G. ADVERTISED PUBLIC HEARINGS ITEM(S) ­ CITY/FIRE DISTRICT G1.Consideration of Resolutions to Certify the Environmental Impact Report (SCH 2021050261) and Adopt the PlanRC General Plan Update, 2021­2029 Housing Element, and Climate Action Plan. (RESOLUTION NOS. 2021­132 AND 2021­133) (CITY) G2.Continued Public Hearing to Consider First Reading of Ordinance 991, to be Read by Title Only and Waive Further Reading, Adding Chapter 3.76 to the Rancho Cucamonga Municipal Code to Establish a Non­Residential Affordable Housing Development Impact Fee, and Resolution 2021­131, Establishing Non­Residential Affordable Housing Development Impact Fees. (ORDINANCE NO. 991) (RESOLUTION NO. 2021­131) (Continued Public Hearing from December 1, 2021 City Council Meeting) (CITY) H. CITY MANAGER'S STAFF REPORT(S) I. COUNCIL BUSINESS I1.Consideration to Approve the Re­appointments of Three Public Members to the Public Art Committee. (CITY) I2.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I3.INTER​AGENCY 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 – JANUARY 5, 2022 L. ADJOURNMENT CERTIFICATION I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least twenty​four (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 8 18 20 64 73 77 79 82 85 MayorL. Dennis MichaelMayor Pro TemLynne B. KennedyMembers of the CityCouncil:Ryan A. HutchisonKristine D. ScottSam Spagnolo CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDADecember 15, 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 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)D2.CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATIONPURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION54956.9: 1 CASE – (CITY)D3.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT THE TERMINUS OF SMOKESTONE STREET, EAST OFTORREY PINE COURT, RANCHO CUCAMONGA, CALIFORNIA 91739, IDENTIFIED AS COUNTYASSESSOR’S PARCEL NUMBER 0228­044­24, NEGOTIATING PARTIES JOHN GILLISON, CITYMANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND CHAO PING YANG;REGARDING PRICE AND TERMS. – (CITY)D4.PUBLIC EMPLOYEE PERFORMANCE EVALUATION PER GOVERNMENT CODE SECTION 54957(TITLE: CITY MANAGER)D5.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE’S INC. V. CITY OFRANCHO CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OFCALIFORNIA, CASE NO. 5:20CV02506JGBSP – (CITY)D6.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: HIMNEL USA, INC. d/b/a ST.MARY'S MONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OFRANCHO CUCAMONGA, SBSC CASE NO.: CIVDS 2014554. – (CITY)D7.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHOCUCAMONGA V. DR LANDMARK, INC.; POWER MEDIC TECHNOLOGIES, INC.; HOFERPROPERTIES, LLC; AND DOES 1 THROUGH 5 INCLUSIVE, SBSC CASE NO.: CIVDS 1904713 –(CITY)D8.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. – (CITY)D9.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­162­23; 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. – (CITY)E. 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.Administration of Oath of Office to Reappointed Planning/Historical Preservation Commissioner TonyMorales and Newly Appointed Planning/Historical Preservation Commissioners James Daniels and AlBoling.B2.Presentation of a Proclamation Recognizing Santa Claus for his Choice to be Vaccinated Against theCOVID­19 Virus, and Providing Santa with Two Paid Floating Holidays Off in Accordance with theCity's Vaccine Incentive Program.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$2,158,297.81 and City and Fire District Weekly Check Registers (Excluding Checks Issued toSouthern California Gas Company) in the Total Amount of $1,604,931.89 Dated November 19,2021 Through December 05, 2021 and City and Fire District Electronic Debit Registers for theMonth of November in the Total Amount of $1,198,638.17. (CITY/FIRE)D2.Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued toSouthern California Gas Company in the Total Amount of $5,122.49 Dated November 19, 2021Through December 05, 2021. (CITY/FIRE)D3.Consideration to Receive and File Current Investment Schedules as of November 30, 2021 forthe City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District.(CITY/FIRE)D4.Consideration of a Resolution Adopting the Rancho Cucamonga Fire Protection District SalarySchedules for Fiscal Year 2021­22. (RESOLUTION NO. FD 2021­033) (FIRE)D5.Consideration of a Resolution Repealing Resolution FD 2020­023 Concerning a Declaration ofSurplus Land Pursuant to Government Code Section 54221 for Real Property Located at 8340Utica Avenue. (RESOLUTION NO. FD2021­034) (FIRE)D6.Consideration of the Purchase of Body Armor from Safariland, LLC Utilizing a PiggybackOpportunity Through a Competitively Bid Contract from the State of California, Contract 1­18­84­07, in the Amount of $116,543. (FIRE)D7.Consideration of the Final Map for Tract 20118, Improvement Agreement and ImprovementSecurities for Street Improvements for Case No. SUBTT20118, Located South of 6th Streetand West of the Resort Parkway. (CITY)D8.Consideration to Accept Public Improvements Located at the Northeast Corner of CenterAvenue and 6th Street per the Improvement Agreement Related to Case No. DRC2018­00553,as Complete, File the Notice of Completion, and Authorize Release of Bonds. (CITY)D9.Consideration of License Agreements for Public Improvements Adjacent to the Railroad Spur Track on 8th Street West of Haven Avenue with BNSF Railway Company Related to Case No. DRC2018­00546, Located at 10415 8th Street. (CITY) D10.Consideration of a Professional Services Agreement with Superior Pavement Markings, Inc. for Annual Citywide Striping and Pavement Marking Services in an Amount not to exceed $150,000. (CITY) D11.Consideration of a Contract with Onyx Paving Company, Inc., in an Amount of $1,727,000, Plus 10% Contingency for the Rochester Avenue Pavement Rehabilitation Project. (CITY) D12.Consideration of a Resolution Authorizing the Acceptance of the Conveyance of Property from the California Department of Transportation (Caltrans) and Authorizing the Appropriation of Funds for the Purchase. (RESOLUTION NO. 2021­134) (CITY) D13.Consideration of Resolution No. 2021­135, Authorizing the City to Enter into the Settlement Agreements with McKesson Corporation, Cardinal Health, Inc., AmerisourceBergen Corporation, Johnson & Johnson, Janssen Pharmaceuticals, Inc., Ortho­McNeil­Janssen Pharmaceuticals, Inc., and Janssen Pharmaceutica, Inc., Agree to the Terms of the Memorandum of Understanding Allocating Settlement Proceeds, and Authorize Entry into the Memorandum of Understanding with the Attorney General; and authorize the City Attorney to take all actions necessary and convenient to implement the settlements. (RESOLUTION NO. 2021­135) (CITY) D14.Consideration to Re­appoint William Wittkopf, Public Works Services Director, as representative of the City of Rancho Cucamonga on the West Valley Mosquito and Vector Control (WVMVC) District Board of Trustees. (CITY) D15.Consideration to Approve the Housing Successor Fiscal Year 2020/2021 Annual Report. (HOUSING SUCCESSOR AGENCY) E. CONSENT CALENDAR ORDINANCE(S) ­ SECOND READING/ADOPTION F. ADMINISTRATIVE HEARING ITEM(S) G. ADVERTISED PUBLIC HEARINGS ITEM(S) ­ CITY/FIRE DISTRICT G1.Consideration of Resolutions to Certify the Environmental Impact Report (SCH 2021050261) and Adopt the PlanRC General Plan Update, 2021­2029 Housing Element, and Climate Action Plan. (RESOLUTION NOS. 2021­132 AND 2021­133) (CITY) G2.Continued Public Hearing to Consider First Reading of Ordinance 991, to be Read by Title Only and Waive Further Reading, Adding Chapter 3.76 to the Rancho Cucamonga Municipal Code to Establish a Non­Residential Affordable Housing Development Impact Fee, and Resolution 2021­131, Establishing Non­Residential Affordable Housing Development Impact Fees. (ORDINANCE NO. 991) (RESOLUTION NO. 2021­131) (Continued Public Hearing from December 1, 2021 City Council Meeting) (CITY) H. CITY MANAGER'S STAFF REPORT(S) I. COUNCIL BUSINESS I1.Consideration to Approve the Re­appointments of Three Public Members to the Public Art Committee. (CITY) I2.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I3.INTER​AGENCY 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 – JANUARY 5, 2022 L. ADJOURNMENT CERTIFICATION I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least twenty​four (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 6 131 133 138 155 176 177 185 426 MayorL. Dennis MichaelMayor Pro TemLynne B. KennedyMembers of the CityCouncil:Ryan A. HutchisonKristine D. ScottSam Spagnolo CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDADecember 15, 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 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)D2.CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATIONPURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION54956.9: 1 CASE – (CITY)D3.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT THE TERMINUS OF SMOKESTONE STREET, EAST OFTORREY PINE COURT, RANCHO CUCAMONGA, CALIFORNIA 91739, IDENTIFIED AS COUNTYASSESSOR’S PARCEL NUMBER 0228­044­24, NEGOTIATING PARTIES JOHN GILLISON, CITYMANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND CHAO PING YANG;REGARDING PRICE AND TERMS. – (CITY)D4.PUBLIC EMPLOYEE PERFORMANCE EVALUATION PER GOVERNMENT CODE SECTION 54957(TITLE: CITY MANAGER)D5.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE’S INC. V. CITY OFRANCHO CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OFCALIFORNIA, CASE NO. 5:20CV02506JGBSP – (CITY)D6.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: HIMNEL USA, INC. d/b/a ST.MARY'S MONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OFRANCHO CUCAMONGA, SBSC CASE NO.: CIVDS 2014554. – (CITY)D7.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHOCUCAMONGA V. DR LANDMARK, INC.; POWER MEDIC TECHNOLOGIES, INC.; HOFERPROPERTIES, LLC; AND DOES 1 THROUGH 5 INCLUSIVE, SBSC CASE NO.: CIVDS 1904713 –(CITY)D8.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. – (CITY)D9.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­162­23; 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. – (CITY)E. 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.Administration of Oath of Office to Reappointed Planning/Historical Preservation Commissioner TonyMorales and Newly Appointed Planning/Historical Preservation Commissioners James Daniels and AlBoling.B2.Presentation of a Proclamation Recognizing Santa Claus for his Choice to be Vaccinated Against theCOVID­19 Virus, and Providing Santa with Two Paid Floating Holidays Off in Accordance with theCity's Vaccine Incentive Program.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$2,158,297.81 and City and Fire District Weekly Check Registers (Excluding Checks Issued toSouthern California Gas Company) in the Total Amount of $1,604,931.89 Dated November 19,2021 Through December 05, 2021 and City and Fire District Electronic Debit Registers for theMonth of November in the Total Amount of $1,198,638.17. (CITY/FIRE)D2.Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued toSouthern California Gas Company in the Total Amount of $5,122.49 Dated November 19, 2021Through December 05, 2021. (CITY/FIRE)D3.Consideration to Receive and File Current Investment Schedules as of November 30, 2021 forthe City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District.(CITY/FIRE)D4.Consideration of a Resolution Adopting the Rancho Cucamonga Fire Protection District SalarySchedules for Fiscal Year 2021­22. (RESOLUTION NO. FD 2021­033) (FIRE)D5.Consideration of a Resolution Repealing Resolution FD 2020­023 Concerning a Declaration ofSurplus Land Pursuant to Government Code Section 54221 for Real Property Located at 8340Utica Avenue. (RESOLUTION NO. FD2021­034) (FIRE)D6.Consideration of the Purchase of Body Armor from Safariland, LLC Utilizing a PiggybackOpportunity Through a Competitively Bid Contract from the State of California, Contract 1­18­84­07, in the Amount of $116,543. (FIRE)D7.Consideration of the Final Map for Tract 20118, Improvement Agreement and ImprovementSecurities for Street Improvements for Case No. SUBTT20118, Located South of 6th Streetand West of the Resort Parkway. (CITY)D8.Consideration to Accept Public Improvements Located at the Northeast Corner of CenterAvenue and 6th Street per the Improvement Agreement Related to Case No. DRC2018­00553,as Complete, File the Notice of Completion, and Authorize Release of Bonds. (CITY)D9.Consideration of License Agreements for Public Improvements Adjacent to the Railroad SpurTrack on 8th Street West of Haven Avenue with BNSF Railway Company Related to Case No.DRC2018­00546, Located at 10415 8th Street. (CITY)D10.Consideration of a Professional Services Agreement with Superior Pavement Markings, Inc. forAnnual Citywide Striping and Pavement Marking Services in an Amount not to exceed$150,000. (CITY)D11.Consideration of a Contract with Onyx Paving Company, Inc., in an Amount of $1,727,000, Plus10% Contingency for the Rochester Avenue Pavement Rehabilitation Project. (CITY)D12.Consideration of a Resolution Authorizing the Acceptance of the Conveyance of Property fromthe California Department of Transportation (Caltrans) and Authorizing the Appropriation ofFunds for the Purchase. (RESOLUTION NO. 2021­134) (CITY)D13.Consideration of Resolution No. 2021­135, Authorizing the City to Enter into the SettlementAgreements with McKesson Corporation, Cardinal Health, Inc., AmerisourceBergenCorporation, Johnson & Johnson, Janssen Pharmaceuticals, Inc., Ortho­McNeil­JanssenPharmaceuticals, Inc., and Janssen Pharmaceutica, Inc., Agree to the Terms of theMemorandum of Understanding Allocating Settlement Proceeds, and Authorize Entry into theMemorandum of Understanding with the Attorney General; and authorize the City Attorney totake all actions necessary and convenient to implement the settlements. (RESOLUTION NO.2021­135) (CITY)D14.Consideration to Re­appoint William Wittkopf, Public Works Services Director, asrepresentative of the City of Rancho Cucamonga on the West Valley Mosquito and VectorControl (WVMVC) District Board of Trustees. (CITY)D15.Consideration to Approve the Housing Successor Fiscal Year 2020/2021 Annual Report.(HOUSING SUCCESSOR AGENCY)E. CONSENT CALENDAR ORDINANCE(S) ­ SECOND READING/ADOPTIONF. ADMINISTRATIVE HEARING ITEM(S)G. ADVERTISED PUBLIC HEARINGS ITEM(S) ­ CITY/FIRE DISTRICTG1.Consideration of Resolutions to Certify the Environmental Impact Report (SCH 2021050261) andAdopt the PlanRC General Plan Update, 2021­2029 Housing Element, and Climate Action Plan.(RESOLUTION NOS. 2021­132 AND 2021­133) (CITY)G2.Continued Public Hearing to Consider First Reading of Ordinance 991, to be Read by Title Only andWaive Further Reading, Adding Chapter 3.76 to the Rancho Cucamonga Municipal Code to Establisha Non­Residential Affordable Housing Development Impact Fee, and Resolution 2021­131,Establishing Non­Residential Affordable Housing Development Impact Fees. (ORDINANCE NO. 991)(RESOLUTION NO. 2021­131) (Continued Public Hearing from December 1, 2021 City CouncilMeeting) (CITY) H. CITY MANAGER'S STAFF REPORT(S) I. COUNCIL BUSINESS I1.Consideration to Approve the Re­appointments of Three Public Members to the Public Art Committee. (CITY) I2.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I3.INTER​AGENCY 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 – JANUARY 5, 2022 L. ADJOURNMENT CERTIFICATION I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least twenty​four (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 7 634 --- --- DATE:December 15, 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 $2,158,297.81 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $1,604,931.89 Dated November 19, 2021 Through December 05, 2021 and City and Fire District Electronic Debit Registers for the Month of November in the Total Amount of $1,198,638.17. (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 $1,039,840.26 and $1,118,457.55 for the City and the Fire District, respectively. Weekly check register amounts are $1,360,037.50 and $244,894.39 for the City and the Fire District, respectively. Electronic Debit Register amounts are $590,786.38 and $607,851.79 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 Attachment 2 - Electronic Check Register Page 8 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 11/19/2021 through 12/5/2021 Check No.Check Date Vendor Name City Fire Amount AP 00013381 11/22/2021 AHUMADA, ALEXANDER R 0.00 619.50 619.50 AP 00013382 11/22/2021 ALMAND, LLOYD 0.00 619.50 619.50 AP 00013383 11/22/2021 BANTAU, VICTORIA 0.00 505.96 505.96 AP 00013384 11/22/2021 BAZAL, SUSAN 0.00 865.08 865.08 AP 00013385 11/22/2021 BELL, MICHAEL L 0.00 1,929.14 1,929.14 AP 00013386 11/22/2021 BERRY, DAVID 0.00 619.50 619.50 AP 00013387 11/22/2021 BROCK, ROBIN 0.00 1,274.32 1,274.32 AP 00013388 11/22/2021 CAMPBELL, GERALD 0.00 851.32 851.32 AP 00013389 11/22/2021 CAMPBELL, STEVEN 0.00 619.50 619.50 AP 00013390 11/22/2021 CARNES, KENNETH 0.00 505.96 505.96 AP 00013391 11/22/2021 CLABBY, RICHARD 0.00 1,196.68 1,196.68 AP 00013392 11/22/2021 CLOUGHESY, DONALD R 0.00 2,550.78 2,550.78 AP 00013393 11/22/2021 CORCORAN, ROBERT ANTHONY 0.00 893.07 893.07 AP 00013394 11/22/2021 COSTELLO, DENNIS M 0.00 2,550.78 2,550.78 AP 00013395 11/22/2021 COX, KARL 0.00 619.50 619.50 AP 00013396 11/22/2021 CRANE, RALPH 0.00 619.50 619.50 AP 00013397 11/22/2021 CROSSLAND, WILBUR 0.00 505.96 505.96 AP 00013398 11/22/2021 CURATALO, JAMES 0.00 1,274.32 1,274.32 AP 00013399 11/22/2021 DAGUE, JAMES 0.00 1,246.33 1,246.33 AP 00013400 11/22/2021 DE ANTONIO, SUSAN 0.00 893.07 893.07 AP 00013401 11/22/2021 DEANS, JACKIE 0.00 238.25 238.25 AP 00013402 11/22/2021 DOMINICK, SAMUEL A 0.00 1,274.32 1,274.32 AP 00013403 11/22/2021 EAGLESON, MICHAEL 0.00 1,929.14 1,929.14 AP 00013404 11/22/2021 EGGERS, BOB 0.00 1,246.33 1,246.33 AP 00013405 11/22/2021 FEJERAN, TIM 0.00 1,598.58 1,598.58 AP 00013406 11/22/2021 FRITCHEY, JOHN D 0.00 505.96 505.96 AP 00013407 11/22/2021 HEYDE, DONALD 0.00 619.50 619.50 AP 00013408 11/22/2021 INTERLICCHIA, ROSALYN 0.00 238.25 238.25 AP 00013409 11/22/2021 JERKINS, PATRICK 0.00 1,598.58 1,598.58 AP 00013410 11/22/2021 KILMER, STEPHEN 0.00 1,196.68 1,196.68 AP 00013411 11/22/2021 KIRKPATRICK, WILLIAM M 0.00 903.04 903.04 AP 00013412 11/22/2021 LANE, WILLIAM 0.00 619.50 619.50 AP 00013413 11/22/2021 LARKIN, DAVID W 0.00 1,598.58 1,598.58 AP 00013414 11/22/2021 LEE, ALLAN J 0.00 238.25 238.25 AP 00013415 11/22/2021 LENZE, PAUL E 0.00 619.50 619.50 AP 00013416 11/22/2021 LONCAR, PHILIP 0.00 1,873.16 1,873.16 AP 00013417 11/22/2021 LONGO, JOE 0.00 181.48 181.48 AP 00013418 11/22/2021 LUTTRULL, DARRELL 0.00 505.96 505.96 AP 00013419 11/22/2021 MACKALL, BEVERLY 0.00 181.48 181.48 AP 00013420 11/22/2021 MAYFIELD, RON 0.00 619.50 619.50 AP 00013421 11/22/2021 MCKEE, JOHN 0.00 619.50 619.50 AP 00013422 11/22/2021 MCNEIL, KENNETH 0.00 619.50 619.50 AP 00013423 11/22/2021 MICHAEL, L. DENNIS 0.00 619.50 619.50 AP 00013424 11/22/2021 MORGAN, BYRON 0.00 1,838.72 1,838.72 AP 00013425 11/22/2021 MYSKOW, DENNIS 0.00 1,196.68 1,196.68 AP 00013426 11/22/2021 NAUMAN, MICHAEL 0.00 505.96 505.96 AP 00013427 11/22/2021 NEE, RON 0.00 865.08 865.08 07:45:03 12/06/2021Current Date:VLOPEZ - Veronica Lopez Page:1 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 9 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 11/19/2021 through 12/5/2021 Check No.Check Date Vendor Name City Fire Amount AP 00013428 11/22/2021 NELSON, MARY JANE 0.00 181.48 181.48 AP 00013429 11/22/2021 NOREEN, ERIC 0.00 2,550.78 2,550.78 AP 00013430 11/22/2021 O'BRIEN, TOM 0.00 1,379.46 1,379.46 AP 00013431 11/22/2021 PLOUNG, MICHAEL J 0.00 556.94 556.94 AP 00013432 11/22/2021 POST, MICHAEL R 0.00 1,377.34 1,377.34 AP 00013433 11/22/2021 PROULX, PATRICK 0.00 1,274.32 1,274.32 AP 00013434 11/22/2021 REDMOND, MIKE 0.00 619.50 619.50 AP 00013435 11/22/2021 ROBERTS, BRENT 0.00 893.07 893.07 AP 00013436 11/22/2021 ROBERTS, CHERYL L 0.00 2,550.78 2,550.78 AP 00013437 11/22/2021 ROEDER, JEFF 0.00 1,929.14 1,929.14 AP 00013438 11/22/2021 SALISBURY, THOMAS 0.00 619.50 619.50 AP 00013439 11/22/2021 SMITH, RONALD 0.00 505.96 505.96 AP 00013440 11/22/2021 SORENSEN, SCOTT D 0.00 1,873.16 1,873.16 AP 00013441 11/22/2021 SPAGNOLO, SAM 0.00 505.96 505.96 AP 00013442 11/22/2021 SPAIN, WILLIAM 0.00 851.32 851.32 AP 00013443 11/22/2021 SULLIVAN, JAMES 0.00 505.96 505.96 AP 00013444 11/22/2021 TAYLOR, STEVEN 0.00 2,027.69 2,027.69 AP 00013445 11/22/2021 TULEY, TERRY 0.00 1,929.14 1,929.14 AP 00013446 11/22/2021 VANDERKALLEN, FRANCIS 0.00 619.50 619.50 AP 00013447 11/22/2021 VARNEY, ANTHONY 0.00 619.50 619.50 AP 00013448 11/22/2021 WALTON, KEVIN 0.00 1,598.58 1,598.58 AP 00013449 11/22/2021 YOWELL, TIMOTHY A 0.00 619.50 619.50 AP 00013450 11/23/2021 ALL CITY MANAGEMENT SERVICES INC 12,913.19 0.00 12,913.19 AP 00013451 11/23/2021 EWING IRRIGATION PRODUCTS 1,130.25 0.00 1,130.25 AP 00013452 11/23/2021 MINUTEMAN PRESS 1,028.12 0.00 1,028.12 AP 00013453 11/23/2021 OC TANNER RECOGNITION COMPANY 12,101.01 0.00 12,101.01 AP 00013454 11/23/2021 OFFICE DEPOT 1,973.73 0.00 1,973.73 AP 00013455 11/23/2021 SITEONE LANDSCAPE SUPPLY LLC 303.55 0.00 303.55 AP 00013456 12/01/2021 AIR EXCHANGE INC 0.00 6,800.68 6,800.68 AP 00013457 12/01/2021 CALIF GOVERNMENT VEBA / RANCHO CUCAMONGA 25,951.96 0.00 25,951.96 AP 00013458 12/01/2021 CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT 576.12 0.00 576.12 AP 00013459 12/01/2021 RCCEA 1,530.75 0.00 1,530.75 AP 00013460 12/01/2021 RCPFA 14,360.87 0.00 14,360.87 AP 00013461 12/01/2021 RICHARDS WATSON AND GERSHON 2,030.99 0.00 2,030.99 AP 00013462 12/01/2021 RIVERSIDE, CITY OF 6,909.00 0.00 6,909.00 ***AP 00013463 12/02/2021 AIRGAS USA LLC 247.33 2,753.59 3,000.92 AP 00013464 12/02/2021 BIBLIOTHECA LLC 8,209.76 0.00 8,209.76 AP 00013466 12/02/2021 BRODART BOOKS CO 9,115.79 0.00 9,115.79 AP 00013467 12/02/2021 DIAMOND ENVIRONMENTAL SERVICES 204.66 0.00 204.66 ***AP 00013468 12/02/2021 EMCOR SERVICES 1,454.00 973.75 2,427.75 AP 00013469 12/02/2021 HOSE MAN INC 0.00 474.19 474.19 AP 00013470 12/02/2021 KME FIRE APPARATUS 0.00 115.69 115.69 AP 00013471 12/02/2021 LN CURTIS AND SONS 0.00 4,253.76 4,253.76 ***AP 00013472 12/02/2021 MINUTEMAN PRESS 345.01 512.16 857.17 ***AP 00013474 12/02/2021 OFFICE DEPOT 2,439.16 767.29 3,206.45 AP 00013475 12/02/2021 PSA PRINT GROUP 38.79 0.00 38.79 AP 00013476 12/02/2021 SOUTHERN CALIFORNIA NEWS GROUP 4,628.72 0.00 4,628.72 07:45:03 12/06/2021Current Date:VLOPEZ - Veronica Lopez Page:2 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 11/19/2021 through 12/5/2021 Check No.Check Date Vendor Name City Fire Amount AP 00013477 12/02/2021 SOUTHERN CALIFORNIA NEWS GROUP 384.00 0.00 384.00 AP 00421420 11/22/2021 RODRIGUEZ, VICTOR 0.00 619.50 619.50 AP 00421421 11/22/2021 TOWNSEND, JAMES 0.00 2,550.78 2,550.78 AP 00421422 11/22/2021 WALKER, KENNETH 0.00 238.25 238.25 AP 00421423 11/23/2021 ADVANCED CHEMICAL TRANSPORT INC 1,439.50 0.00 1,439.50 AP 00421424 11/23/2021 AGWU, CHINNY 57.00 0.00 57.00 AP 00421425 11/23/2021 ASCENT ENVIRONMENTAL INC 626.25 0.00 626.25 AP 00421426 11/23/2021 ATLAS PLANNING SOLUTIONS 2,890.00 0.00 2,890.00 AP 00421427 11/23/2021 AUFBAU CORPORATION 30,000.00 0.00 30,000.00 AP 00421428 11/23/2021 AUTOLIFT SERVICES INC 971.47 0.00 971.47 AP 00421429 11/23/2021 BERNELL HYDRAULICS INC 0.00 1.68 1.68 AP 00421430 11/23/2021 BISHOP COMPANY 296.08 0.00 296.08 ***AP 00421436 11/23/2021 C V W D 67,071.28 1,084.05 68,155.33 AP 00421437 11/23/2021 CAL QUEST INVESTIGATIONS 2,849.05 0.00 2,849.05 ***AP 00421438 11/23/2021 CALIFORNIA DEPT OF TAX & FEE ADMINISTRATION 303.55 125.48 429.03 AP 00421439 11/23/2021 CALIX INC 2,495.00 0.00 2,495.00 AP 00421440 11/23/2021 CHAMPION AWARDS & SPECIALTIES 172.40 0.00 172.40 AP 00421441 11/23/2021 CINTAS CORPORATION #150 0.00 338.08 338.08 AP 00421442 11/23/2021 CONSERVE LANDCARE LLC 152,722.43 0.00 152,722.43 AP 00421443 11/23/2021 CORE STRENGTHS INC 5,000.00 0.00 5,000.00 AP 00421444 11/23/2021 CURTIS J DAHLE ARCHITECT 9,177.00 0.00 9,177.00 AP 00421445 11/23/2021 DAISYECO INC 77.00 0.00 77.00 AP 00421446 11/23/2021 DIAZ, RICK 250.00 0.00 250.00 AP 00421447 11/23/2021 DIGBY, SARA 14.60 0.00 14.60 AP 00421448 11/23/2021 EAN SERVICES LLC 0.00 7,170.87 7,170.87 AP 00421449 11/23/2021 ECORP CONSULTING INC 0.00 75.00 75.00 AP 00421450 11/23/2021 ELITE CUSTOMS CONSTRUCTION 625.00 0.00 625.00 AP 00421451 11/23/2021 ESTRADA, KEVIN 74.09 0.00 74.09 AP 00421452 11/23/2021 EVERDE GROWERS 842.77 0.00 842.77 AP 00421453 11/23/2021 EXECUTIVE DETAIL SERVICES 0.00 320.00 320.00 AP 00421454 11/23/2021 FACTORY MOTOR PARTS 0.00 1,674.22 1,674.22 AP 00421455 11/23/2021 FIREFIGHTERS' SAFETY CENTER INC 0.00 261.00 261.00 AP 00421456 11/23/2021 FITNESS REPAIR SHOP 0.00 700.00 700.00 AP 00421457 11/23/2021 FLEETPRIDE 0.00 1,539.01 1,539.01 AP 00421458 11/23/2021 FORTIN LAW GROUP 1,985.50 0.00 1,985.50 ***AP 00421459 11/23/2021 FRONTIER COMM 1,128.55 1,178.18 2,306.73 AP 00421460 11/23/2021 FRONTIER COMM 4,050.19 0.00 4,050.19 AP 00421461 11/23/2021 GLOBALSTAR USA 156.92 0.00 156.92 AP 00421462 11/23/2021 GONSALVES & SON, JOE A 3,045.00 0.00 3,045.00 AP 00421463 11/23/2021 GOTCHANOUGH LLC 3,165.68 0.00 3,165.68 AP 00421464 11/23/2021 GRAINGER 1,727.19 0.00 1,727.19 AP 00421465 11/23/2021 GRAPHICS FACTORY PRINTING INC 296.31 0.00 296.31 AP 00421466 11/23/2021 GRAYBAR ELECTRIC COMPANY INC 763.04 0.00 763.04 AP 00421467 11/23/2021 HONDA YAMAHA HUSQVARNA OF REDLANDS 14.12 0.00 14.12 AP 00421468 11/23/2021 HOYT LUMBER CO, S M 0.00 10.84 10.84 AP 00421469 11/23/2021 HR GREEN PACIFIC INC 11,483.39 0.00 11,483.39 AP 00421470 11/23/2021 INTERWEST CONSULTING GROUP INC 0.00 1,116.42 1,116.42 07:45:03 12/06/2021Current Date:VLOPEZ - Veronica Lopez Page:3 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 11/19/2021 through 12/5/2021 Check No.Check Date Vendor Name City Fire Amount AP 00421471 11/23/2021 JOHNNY ALLEN TENNIS ACADEMY 1,383.60 0.00 1,383.60 AP 00421472 11/23/2021 KEEL, KYLE 11,000.00 0.00 11,000.00 AP 00421473 11/23/2021 KEYSER MARSTON ASSOCIATES INC 13,569.38 0.00 13,569.38 AP 00421474 11/23/2021 LEVEL 3 COMMUNICATIONS LLC 5,482.10 0.00 5,482.10 AP 00421475 11/23/2021 LIFE-ASSIST INC 0.00 578.51 578.51 AP 00421476 11/23/2021 LILLARD, MICHAEL 56.89 0.00 56.89 ***AP 00421478 11/23/2021 LOWES COMPANIES INC 2,224.30 608.68 2,832.98 AP 00421479 11/23/2021 MARSH, KIMBERLY 387.50 0.00 387.50 ***AP 00421480 11/23/2021 MCMASTER-CARR SUPPLY COMPANY 99.06 130.84 229.90 AP 00421481 11/23/2021 MEDIWASTE DISPOSAL LLC 5,136.87 0.00 5,136.87 AP 00421482 11/23/2021 MIDWEST TAPE 2,679.36 0.00 2,679.36 AP 00421483 11/23/2021 NAPA AUTO PARTS 0.00 992.17 992.17 AP 00421484 11/23/2021 NEW COLOR SILK SCREEN & GRAPHICS 750.29 0.00 750.29 AP 00421485 11/23/2021 OCCUPATIONAL HEALTH CTRS OF CA 0.00 361.75 361.75 AP 00421486 11/23/2021 PACIFIC UTILITY INSTALLATION INC 10,132.00 0.00 10,132.00 AP 00421487 11/23/2021 PARKHOUSE TIRE INC 1,344.87 0.00 1,344.87 AP 00421488 11/23/2021 PARS 3,500.00 0.00 3,500.00 ***AP 00421489 11/23/2021 PFM ASSET MANAGEMENT LLC 12,648.88 1,170.79 13,819.67 AP 00421490 11/23/2021 PLACEWORKS 10,590.01 0.00 10,590.01 AP 00421491 11/23/2021 PRISTINE UNIFORMS LLC 0.00 394.38 394.38 AP 00421492 11/23/2021 RANCHO CUCAMONGA CHAMBER OF COMMERCE 3,166.00 0.00 3,166.00 AP 00421493 11/23/2021 RANCHO MALL LLC 44.80 0.00 44.80 AP 00421494 11/23/2021 REACH MEDIA NETWORK 2,000.00 0.00 2,000.00 AP 00421495 11/23/2021 RHA LANDSCAPE ARCHITECTS-PLANNERS INC 856.80 0.00 856.80 AP 00421496 11/23/2021 SAN BERNARDINO CTY SHERIFF'S DEPT 0.00 753.00 753.00 AP 00421497 11/23/2021 SHEN, HONGJUN 56.75 0.00 56.75 AP 00421498 11/23/2021 SHRED PROS 0.00 63.00 63.00 AP 00421500 11/23/2021 SOUND IMAGE INC 82,280.00 0.00 82,280.00 AP 00421502 11/23/2021 SOUTHERN CALIFORNIA EDISON 4,069.53 0.00 4,069.53 AP 00421503 11/23/2021 STERLING COFFEE SERVICE 789.70 0.00 789.70 ***AP 00421504 11/23/2021 SYSTEMS SOURCE INC 7,669.35 12,131.93 19,801.28 AP 00421505 11/23/2021 TIREHUB LLC 2,125.63 0.00 2,125.63 AP 00421506 11/23/2021 TOWN SQUARE CLEANERS 554.40 0.00 554.40 AP 00421507 11/23/2021 UNIVERSAL FLEET SUPPLY 0.00 588.15 588.15 AP 00421508 11/23/2021 UPS 66.00 0.00 66.00 AP 00421509 11/23/2021 VERIZON WIRELESS - LA 259.22 0.00 259.22 AP 00421510 11/23/2021 VULCAN MATERIALS COMPANY 268.62 0.00 268.62 AP 00421511 11/23/2021 WALTERS WHOLESALE ELECTRIC CO 64.65 0.00 64.65 AP 00421512 11/23/2021 WARREN, MICHELLE 302.00 0.00 302.00 ***AP 00421513 11/23/2021 WAXIE SANITARY SUPPLY -407.49 1,513.39 1,105.90 AP 00421514 11/23/2021 WEST COAST ARBORISTS INC 8,544.90 0.00 8,544.90 AP 00421515 11/23/2021 WESTLAND GROUP INC 23,006.25 0.00 23,006.25 AP 00421516 11/23/2021 WHITTIER FERTILIZER 2,670.05 0.00 2,670.05 AP 00421517 11/23/2021 WINDWARD SCHOOL 500.00 0.00 500.00 AP 00421518 12/01/2021 ADOBE ANIMAL HOSPITAL 50.00 0.00 50.00 AP 00421519 12/01/2021 AFLAC GROUP INSURANCE 24.58 0.00 24.58 AP 00421520 12/01/2021 ALTA VISTA MOBILE HOME PARK 297.59 0.00 297.59 07:45:03 12/06/2021Current Date:VLOPEZ - Veronica Lopez Page:4 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 11/19/2021 through 12/5/2021 Check No.Check Date Vendor Name City Fire Amount AP 00421521 12/01/2021 AMTECH ELEVATOR SERVICES 51.00 0.00 51.00 AP 00421522 12/01/2021 ANALYZE CORPORATION 4,665.00 0.00 4,665.00 AP 00421523 12/01/2021 AUFBAU CORPORATION 25,260.00 0.00 25,260.00 AP 00421524 12/01/2021 AVILA, DENISE 84.05 0.00 84.05 AP 00421525 12/01/2021 BARBARA'S ANSWERING SERVICE 552.00 0.00 552.00 AP 00421526 12/01/2021 BISHOP COMPANY 1,360.15 0.00 1,360.15 AP 00421527 12/01/2021 BMK VENTURES INC 0.00 16,650.00 16,650.00 AP 00421528 12/01/2021 BP ENTERPRISE 739.59 0.00 739.59 AP 00421529 12/01/2021 C V W D 167.71 0.00 167.71 ***AP 00421530 12/01/2021 C V W D 43.56 101.64 145.20 ***AP 00421531 12/01/2021 C V W D 8.28 19.32 27.60 ***AP 00421536 12/01/2021 C V W D 50,221.52 347.96 50,569.48 AP 00421537 12/01/2021 CA LLC - ALTA LAGUNA MHP 400.00 0.00 400.00 AP 00421538 12/01/2021 CALIFORNIA, STATE OF 314.11 0.00 314.11 AP 00421539 12/01/2021 CALIFORNIA, STATE OF 791.30 0.00 791.30 AP 00421540 12/01/2021 CALIFORNIA, STATE OF 32.26 0.00 32.26 AP 00421541 12/01/2021 CALIFORNIA, STATE OF 342.73 0.00 342.73 AP 00421542 12/01/2021 CalPERS LONG-TERM CARE PROGRAM 177.08 0.00 177.08 AP 00421543 12/01/2021 CASA VOLANTE MOBILE HOME PARK 600.00 0.00 600.00 AP 00421544 12/01/2021 CASTRO, AMANDA INEZ 2,000.00 0.00 2,000.00 AP 00421545 12/01/2021 CHAMPION FIRE SYSTEMS INC 748.88 0.00 748.88 AP 00421546 12/01/2021 CHAPARRAL HEIGHTS MOBILE HOME PARK 300.00 0.00 300.00 ***AP 00421547 12/01/2021 CINTAS CORPORATION #150 3,420.93 398.73 3,819.66 AP 00421548 12/01/2021 COMMUNITY WORKS DESIGN GROUP 4,360.50 0.00 4,360.50 AP 00421549 12/01/2021 COVETRUS NORTH AMERICA 1,377.50 0.00 1,377.50 AP 00421550 12/01/2021 CR&A CUSTOM INC 37,399.26 0.00 37,399.26 AP 00421551 12/01/2021 CRIME SCENE STERI-CLEAN LLC 540.00 0.00 540.00 AP 00421552 12/01/2021 CUCAMONGA VALLEY WATER DISTRICT 379.42 0.00 379.42 AP 00421553 12/01/2021 DAVID TAUSSIG & ASSOCIATES INC 1,500.00 0.00 1,500.00 AP 00421554 12/01/2021 DECKER, STEVEN 338.39 0.00 338.39 AP 00421555 12/01/2021 DGO AUTO DETAILING 560.00 0.00 560.00 AP 00421556 12/01/2021 ECORP CONSULTING INC 1,100.00 0.00 1,100.00 AP 00421557 12/01/2021 EMCOR SERVICES 19,195.80 0.00 19,195.80 AP 00421558 12/01/2021 FACTORY MOTOR PARTS 0.00 106.28 106.28 AP 00421559 12/01/2021 FEDERAL EXPRESS CORP 226.28 0.00 226.28 AP 00421560 12/01/2021 FEDERAL EXPRESS CORP 25.37 0.00 25.37 AP 00421561 12/01/2021 FRONTIER COMM 8,093.23 0.00 8,093.23 AP 00421562 12/01/2021 GATEWAY PET CEMETERY & CREMATORY 905.00 0.00 905.00 AP 00421563 12/01/2021 GLOBAL MUSIC RIGHTS LLC 2,000.00 0.00 2,000.00 AP 00421564 12/01/2021 GOLDEN OAKS VET HOSPITAL 150.00 0.00 150.00 AP 00421565 12/01/2021 GRAINGER 19.92 0.00 19.92 AP 00421566 12/01/2021 GRAPHICS FACTORY PRINTING INC 113.14 0.00 113.14 AP 00421567 12/01/2021 GROVES ON FOOTHILL, THE 200.00 0.00 200.00 AP 00421568 12/01/2021 HERITAGE WELLNESS COLLECTIVE 942.00 0.00 942.00 AP 00421569 12/01/2021 HI-LINE ELECTRIC COMPANY 34.06 0.00 34.06 AP 00421570 12/01/2021 HOMETOWN AMERICA RAMONA VILLA 500.00 0.00 500.00 AP 00421571 12/01/2021 HR GREEN PACIFIC INC 75,842.40 0.00 75,842.40 07:45:03 12/06/2021Current Date:VLOPEZ - Veronica Lopez Page:5 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 11/19/2021 through 12/5/2021 Check No.Check Date Vendor Name City Fire Amount AP 00421573 12/01/2021 INLAND EMPIRE PROPERTY SERVICES INC 0.00 14,527.50 14,527.50 AP 00421574 12/01/2021 INYO NETWORKS 11,119.50 0.00 11,119.50 AP 00421575 12/01/2021 JACOBY IE INC, ERIC 165.53 0.00 165.53 AP 00421576 12/01/2021 KIMLEY HORN & ASSOCIATES INC 11,291.00 0.00 11,291.00 AP 00421577 12/01/2021 LISA WISE CONSULTING 30,742.50 0.00 30,742.50 AP 00421578 12/01/2021 LOZANO SMITH LLP 2,729.25 0.00 2,729.25 AP 00421579 12/01/2021 MARIPOSA LANDSCAPES INC 659.91 0.00 659.91 AP 00421580 12/01/2021 MEDLINE INDUSTRIES INC 1,367.48 0.00 1,367.48 ***AP 00421581 12/01/2021 NAPA AUTO PARTS 5.78 220.93 226.71 AP 00421582 12/01/2021 NUTRIEN AG SOLUTIONS 420.23 0.00 420.23 AP 00421583 12/01/2021 ONTRAC 79.78 0.00 79.78 AP 00421584 12/01/2021 PACIFIC UTILITY INSTALLATION INC 26,960.00 0.00 26,960.00 AP 00421585 12/01/2021 PINES MOBILE HOME PARK, THE 100.00 0.00 100.00 AP 00421586 12/01/2021 PINNACLE PETROLEUM INC 0.00 28,622.26 28,622.26 AP 00421587 12/01/2021 PRE-PAID LEGAL SERVICES INC 60.17 0.00 60.17 AP 00421588 12/01/2021 RANCHO CUCAMONGA TOWN SQUARE 92,421.82 0.00 92,421.82 AP 00421589 12/01/2021 RED WING BUSINESS ADVANTAGE ACCOUNT 200.00 0.00 200.00 AP 00421590 12/01/2021 RINGO, PAUL 47.93 0.00 47.93 AP 00421591 12/01/2021 ROOMS N'COVERS ETC 595.54 0.00 595.54 AP 00421592 12/01/2021 SAN BERNARDINO COUNTY TRANSPORTATION 170,681.00 0.00 170,681.00 AP 00421593 12/01/2021 SAN BERNARDINO COUNTY TRANSPORTATION 17,713.00 0.00 17,713.00 AP 00421594 12/01/2021 SBPEA 2,286.21 0.00 2,286.21 AP 00421595 12/01/2021 SHARPLINE SOLUTIONS INC 1,937.59 0.00 1,937.59 AP 00421596 12/01/2021 SHERIFFS COURT SERVICES 100.00 0.00 100.00 AP 00421597 12/01/2021 SHRED PROS 68.00 0.00 68.00 AP 00421598 12/01/2021 SHUM, SARAH 82.96 0.00 82.96 ***AP 00421599 12/01/2021 SIDEPATH INC 52,032.44 50,000.00 102,032.44 AP 00421600 12/01/2021 SMUGGLER INC 3,112.50 0.00 3,112.50 ***AP 00421606 12/01/2021 SOUTHERN CALIFORNIA EDISON 18,979.22 1,370.38 20,349.60 AP 00421607 12/01/2021 SOUTHERN CALIFORNIA EDISON 15.66 0.00 15.66 AP 00421608 12/01/2021 SOUTHERN CALIFORNIA EDISON 2,744.73 0.00 2,744.73 AP 00421609 12/01/2021 SOUTHERN COMFORT POOLS & SPAS 415.11 0.00 415.11 AP 00421610 12/01/2021 STONE, LAURI 97.00 0.00 97.00 AP 00421611 12/01/2021 STOTZ EQUIPMENT 630.42 0.00 630.42 AP 00421612 12/01/2021 SYCAMORE VILLA MOBILE HOME PARK 400.00 0.00 400.00 AP 00421613 12/01/2021 TARIGOPULA, RAJIV 59.27 0.00 59.27 AP 00421614 12/01/2021 THE COUNSELING TEAM INTERNATIONAL 0.00 1,125.00 1,125.00 AP 00421615 12/01/2021 U.S. BANK PARS ACCT #6746022500 20,193.32 0.00 20,193.32 AP 00421616 12/01/2021 U.S. BANK PARS ACCT #6746022500 1,124.60 0.00 1,124.60 AP 00421617 12/01/2021 ULINE 647.73 0.00 647.73 AP 00421618 12/01/2021 UNITED WAY 45.00 0.00 45.00 AP 00421619 12/01/2021 UNIVERSAL FLEET SUPPLY 0.00 160.15 160.15 AP 00421620 12/01/2021 UPS 44.91 0.00 44.91 AP 00421621 12/01/2021 VCA CALIFORNIA VETERINARY SPECIALISTS 112.32 0.00 112.32 AP 00421622 12/01/2021 VELOCITY TRUCK CENTERS 967.05 0.00 967.05 AP 00421623 12/01/2021 VERIZON WIRELESS - LA 0.00 5,583.85 5,583.85 AP 00421624 12/01/2021 VICTOR MEDICAL COMPANY 768.61 0.00 768.61 07:45:03 12/06/2021Current Date:VLOPEZ - Veronica Lopez Page:6 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 11/19/2021 through 12/5/2021 Check No.Check Date Vendor Name City Fire Amount AP 00421625 12/01/2021 VIRGIN PULSE INC 1,087.20 0.00 1,087.20 AP 00421626 12/01/2021 WEST END MATERIAL SUPPLY 305.54 0.00 305.54 AP 00421627 12/01/2021 WT.COX INFORMATION SERVICES 1,225.65 0.00 1,225.65 AP 00421628 12/01/2021 XEROX FINANCIAL SERVICES 298.38 0.00 298.38 AP 00421629 12/01/2021 ZBINDEN, JONATHAN 0.00 320.00 320.00 AP 00421630 12/01/2021 ZEP SALES AND SERVICE 392.59 0.00 392.59 AP 00421631 12/01/2021 ZOETIS US LLC 529.09 0.00 529.09 $1,360,037.50 $1,604,931.89 $244,894.39 Note: Grand Total: Total Fire: Total City: *** Check Number includes both City and Fire District expenditures 07:45:03 12/06/2021Current Date:VLOPEZ - Veronica Lopez Page:7 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 15 DATE DESCRIPTION CITY FIRE AMOUNT 11/1 WIRE PAYMENT - RCMU CAISO 6,759.92 6,759.92 11/1 Workers Comp - Fire Account Transfer 3,496.79 3,496.79 11/2 Bank Fee 94.40 94.40 11/2 U.S. BANK - Purchasing Card, Corporate Card and Costco Card Payment 56,528.40 46,866.28 103,394.68 11/2 Workers Comp - City Account Transfer 116.66 116.66 11/2 Workers Comp - Fire Account Transfer 754.96 754.96 11/3 Workers Comp - City Account Transfer 137.59 137.59 11/3 Workers Comp - Fire Account Transfer 1,494.00 1,494.00 11/4 CALPERS - Fire - Retirement Account Deposit 3,293.04 3,293.04 11/4 CALPERS - Fire - Retirement Account Deposit 3,434.45 3,434.45 11/4 CALPERS - Fire - Retirement Account Deposit 4,902.91 4,902.91 11/4 CALPERS - Fire - Retirement Account Deposit 9,977.46 9,977.46 11/4 CALPERS - Fire - Retirement Account Deposit 32,315.70 32,315.70 11/4 CALPERS - Fire - Retirement Account Deposit 114,805.45 114,805.45 11/4 STATE DISBURSEMENT UNIT - Child Support Payments 3,700.60 3,700.60 11/4 STATE DISBURSEMENT UNIT - Child Support Payments 1,296.50 1,296.50 11/4 Workers Comp - Fire Account Transfer 439.74 439.74 11/5 CALPERS - City - Retirement Account Deposit 55,893.97 55,893.97 11/5 CALPERS - City - Retirement Account Deposit 105,621.01 105,621.01 11/5 Workers Comp - Fire Account Transfer 580.00 580.00 11/8 WIRE PAYMENT - RCMU CAISO 16,142.97 16,142.97 11/8 Workers Comp - Fire Account Transfer 463.88 463.88 11/9 Workers Comp - City Account Transfer 19.08 19.08 11/9 Workers Comp - Fire Account Transfer 250.78 250.78 11/10 Workers Comp - City Account Transfer 446.78 446.78 11/10 Workers Comp - Fire Account Transfer 436.32 436.32 11/12 Workers Comp - City Account Transfer 231.59 231.59 11/12 Workers Comp - Fire Account Transfer 3,627.82 3,627.82 11/15 WIRE PAYMENT - RCMU CAISO 19,794.69 19,794.69 11/15 Workers Comp - City Account Transfer 175.03 175.03 11/15 Workers Comp - Fire Account Transfer 2,626.00 2,626.00 11/16 Workers Comp - Fire Account Transfer 1,158.88 1,158.88 11/17 Workers Comp - City Account Transfer 817.10 817.10 11/17 Workers Comp - Fire Account Transfer 1,638.37 1,638.37 11/18 CALPERS - City - Retirement Account Deposit 55,643.68 55,643.68 11/18 CALPERS - City - Retirement Account Deposit 105,686.86 105,686.86 11/18 STATE DISBURSEMENT UNIT - Child Support Payments 3,700.60 3,700.60 11/18 STATE DISBURSEMENT UNIT - Child Support Payments 1,296.50 1,296.50 11/18 Workers Comp - City Account Transfer 819.37 819.37 11/18 Workers Comp - Fire Account Transfer 539.09 539.09 11/19 CALPERS - Fire - Retirement Account Deposit 3,293.04 3,293.04 11/19 CALPERS - Fire - Retirement Account Deposit 3,436.12 3,436.12 11/19 CALPERS - Fire - Retirement Account Deposit 4,905.12 4,905.12 11/19 CALPERS - Fire - Retirement Account Deposit 9,940.62 9,940.62 11/19 CALPERS - Fire - Retirement Account Deposit 35,857.86 35,857.86 11/19 CALPERS - Fire - Retirement Account Deposit 112,478.98 112,478.98 11/19 Workers Comp - City Account Transfer 250.00 250.00 11/19 Workers Comp - Fire Account Transfer 223.27 223.27 11/22 Workers Comp - City Account Transfer 507.21 507.21 11/22 Workers Comp - Fire Account Transfer 1,330.54 1,330.54 11/23 WIRE PAYMENT - RCMU CAISO 143,209.70 143,209.70 11/23 Workers Comp - City Account Transfer 711.91 711.91 11/23 Workers Comp - Fire Account Transfer 638.87 638.87 11/24 CALPERS - Fire - Retirement Account Deposit 193,944.35 193,944.35 11/24 Workers Comp - City Account Transfer 10,617.75 10,617.75 11/24 Workers Comp - Fire Account Transfer 460.04 460.04 11/26 Workers Comp - City Account Transfer 268.75 268.75 11/26 Workers Comp - Fire Account Transfer 49.50 49.50 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Electronic Debit Register NOVEMBER 1, 2021 to NOVEMBER 30, 2021 1 Page 16 DATE DESCRIPTION CITY FIRE AMOUNT CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Electronic Debit Register NOVEMBER 1, 2021 to NOVEMBER 30, 2021 11/29 Workers Comp - City Account Transfer 2,538.70 2,538.70 11/30 Workers Comp - City Account Transfer 5,160.26 5,160.26 11/30 Workers Comp - Fire Account Transfer 790.36 790.36 TOTAL CITY 590,786.38 TOTAL FIRE 607,851.79 GRAND TOTAL 1,198,638.17 2 Page 17 DATE:December 15, 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 Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $5,122.49 Dated November 19, 2021 Through December 05, 2021. (CITY/FIRE) RECOMMENDATION: Staff recommends City Council/Board of Directors of the Fire Protection District approve payment of demands as presented. Weekly check register amounts are $4,646.33 and $476.16 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 18 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT So Calif Gas Company Only. AND CITY OF RANCHO CUCAMONGA 11/19/2021 through 12/5/2021 Check No.Check Date Vendor Name City Fire Amount ***AP 00421499 11/23/2021 SO CALIF GAS COMPANY 15.78 476.16 491.94 AP 00421601 12/01/2021 SO CALIF GAS COMPANY 4,630.55 0.00 4,630.55 $4,646.33 $5,122.49 $476.16 Note: Grand Total: Total Fire: Total City: *** Check Number includes both City and Fire District expenditures 07:49:09 12/06/2021Current Date:VLOPEZ - Veronica Lopez Page:1 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 19 DATE:December 15, 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:Lori E. Sassoon, Deputy City Manager/Administrative Services Tamara L. Oatman, Finance Director SUBJECT:Consideration to Receive and File Current Investment Schedules as of November 30, 2021 for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE) RECOMMENDATION: Staff recommends that the City Council/Board of Directors of the Fire Protection District receive and file the attached current investment schedules for the City of Rancho Cucamonga (City) and the Rancho Cucamonga Fire Protection District (District) as of November 30, 2021. BACKGROUND: The attached investment schedules as of November 30, 2021 reflect cash and investments managed by the Finance Department/Revenue Management Division and are in conformity with the requirements of California Government Code Section 53601 and the City of Rancho Cucamonga’s and the Rancho Cucamonga Fire Protection District’s adopted Investment Policies as approved on June 28, 2021. ANALYSIS: The City’s and District’s Treasurers are each required to submit a quarterly investment report to the City Council and the Fire Board, respectively, in accordance with California Government Code Section 53646. The quarterly investment report is required to be submitted within 30 days following the end of the quarter covered by the report. However, the City and District Treasurers have each elected to provide this report on a monthly basis. FISCAL IMPACT: None. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: The monthly investment schedule supports the City Council’s core value of providing and nurturing a high quality of life for all by demonstrating the active, prudent fiscal management of the City’s investment portfolio to ensure that financial resources are available to support the various services the City provides to all Rancho Cucamonga stakeholders. ATTACHMENTS: Attachment 1 - Investment Schedule (City) Attachment 2 - Investment Schedule (Fire) Page 20 Page 21 For the Month Ending November 30, 2021 Account Statement Consolidated Summary Statement CITY OF RANCHO CUCAMONGA Investment Allocation Investment Type Closing Market Value Percent 8,376,294.07 2.49 Asset-Backed Security 38,204,265.59 11.34 Federal Agency Bond / Note 37,167,228.50 11.03 Corporate Note 1,225,107.08 0.36 Certificate of Deposit - FDIC Insured 1,008,255.00 0.30 Municipal Bond / Note 8,377,086.97 2.49 Supra-National Agency Bond / Note 176,121,256.81 52.29 U.S. Treasury Bond / Note 59,532,150.94 17.68 Local Agency Investment Fund 6,803,689.13 2.02 Passbook/Checking Accounts $336,815,334.09 Total 100.00% Portfolio Summary and Income Closing Market ValuePortfolio Holdings Cash Dividends PFM Managed Account 262,576.80 270,479,494.02 Local Agency Investment Fund 0.00 59,532,150.94 Passbook/Checking Accounts 0.00 6,803,689.13 $262,576.80 $336,815,334.09 Total Maturity Distribution (Fixed Income Holdings) Portfolio Holdings Closing Market Value Percent 66,335,840.07 0.00 0.00 0.00 19,116,031.67 87,816,284.13 53,152,817.76 64,731,546.99 45,662,813.47 0.00 19.69 0.00 0.00 0.00 5.68 26.07 15.78 19.22 13.56 0.00 Under 30 days 31 to 60 days 61 to 90 days 91 to 180 days 181 days to 1 year 1 to 2 years 2 to 3 years 3 to 4 years 4 to 5 years Over 5 years Total $336,815,334.09 778 100.00% Weighted Average Days to Maturity Sector Allocation 2.49% ABS 11.34% Fed Agy Bond / Note 11.03% Corporate Note 0.36% Cert of Deposit - FDIC 0.30% Muni Bond / Note 2.49% Supra-National Agency Bond / Note 52.29% US TSY Bond / Note 17.68% Local Agency Investment Fund 2.02% Passbook/Checking Accounts Summary Page 1 Page 22 For the Month Ending November 30, 2021Managed Account Summary Statement CITY OF RANCHO CUCAMONGA - 73340000 Total Cash Basis Earnings Plus Net Realized Gains/Losses Less Purchased Interest Related to Interest/Coupons Interest/Dividends/Coupons Received Earnings Reconciliation (Cash Basis) - Managed Account Less Beginning Accrued Interest Less Beginning Amortized Value of Securities Less Cost of New Purchases Plus Coupons/Dividends Received Plus Proceeds of Maturities/Calls/Principal Payments Plus Proceeds from Sales Ending Accrued Interest Ending Amortized Value of Securities Earnings Reconciliation (Accrual Basis) $267,923,902.96 0.00 (13,329,659.96) 16,277,370.96 0.00 (392,119.94) $270,479,494.02 395,803.75 (27,122.34) (106,104.61) $262,576.80 Total 272,864,223.22 599,477.62 13,361,491.88 0.00 363,971.83 (16,304,493.30) (270,037,301.88) (725,896.81) Total Accrual Basis Earnings $121,472.56 Closing Market Value Change in Current Value Unsettled Trades Principal Acquisitions Principal Dispositions Maturities/Calls Opening Market Value Transaction Summary - Managed Account _________________ _________________ ______________________________________________________________________________________________Reconciling Transactions Net Cash Contribution Security Purchases Principal Payments Coupon/Interest/Dividend Income Sale Proceeds Maturities/Calls Cash Transactions Summary - Managed Account 0.00 13,361,491.88 363,971.83 0.00 (16,304,493.30) 3,000,000.00 0.00 Cash Balance $617,050.54 Closing Cash Balance Account 73340000 Page 1 Page 23 For the Month Ending November 30, 2021Portfolio Summary and Statistics CITY OF RANCHO CUCAMONGA - 73340000 Account Summary Percent Par Value Market ValueDescription U.S. Treasury Bond / Note 175,335,000.00 176,121,256.81 65.12 Supra-National Agency Bond / Note 8,410,000.00 8,377,086.97 3.10 Municipal Bond / Note 1,000,000.00 1,008,255.00 0.37 Federal Agency Bond / Note 38,745,000.00 38,204,265.59 14.12 Corporate Note 36,475,000.00 37,167,228.50 13.74 Certificate of Deposit - FDIC Insured 1,225,000.00 1,225,107.08 0.45 Asset-Backed Security 8,415,000.00 8,376,294.07 3.10 Managed Account Sub-Total 269,605,000.00 270,479,494.02 100.00% Accrued Interest 599,477.62 Total Portfolio 269,605,000.00 271,078,971.64 Unsettled Trades 0.00 0.00 Sector Allocation 3.10% ABS 0.45% Cert of Deposit - FDIC 13.74% Corporate Note 14.12% Fed Agy Bond / Note 0.37% Muni Bond / Note 3.10% Supra-National Agency Bond / Note 65.12% US TSY Bond / Note 0 - 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years Over 5 Years 0.00% 7.07% 32.47% 19.65% 23.93% 16.88% 0.00% Maturity Distribution Characteristics Yield to Maturity at Cost Yield to Maturity at Market Weighted Average Days to Maturity 969 0.51% 0.76% Account 73340000 Page 2 Page 24 For the Month Ending November 30, 2021Managed Account Issuer Summary CITY OF RANCHO CUCAMONGA - 73340000 Credit Quality (S&P Ratings) 1.04% A 0.56% A+ 3.14% A- 1.66% AA 82.59% AA+ 2.07% AA- 5.20% AAA 2.29% BBB+ 1.45% NR Issuer Summary Percentof HoldingsIssuer Market Value 1,438,023.06 0.53 AMAZON.COM INC 1,781,500.65 0.66 AMERICAN EXPRESS CO 8,043,351.36 2.97 APPLE INC 1,652,216.65 0.61 ASTRAZENECA PLC 510,100.81 0.19 BMW FINANCIAL SERVICES NA LLC 1,865,368.38 0.69 CAPITAL ONE FINANCIAL CORP 2,443,110.66 0.90 CARMAX AUTO OWNER TRUST 656,575.26 0.24 CHARLES SCHWAB 241,399.24 0.09 CHIPPEWA VALLEY BANK 1,495,864.50 0.55 CITIGROUP INC 242,966.75 0.09 ENERBANK USA 26,544,931.19 9.82 FANNIE MAE 2,948,706.00 1.09 FEDERAL FARM CREDIT BANKS 8,710,628.40 3.22 FREDDIE MAC 1,714,604.80 0.63 GENERAL DYNAMICS CORP 373,476.75 0.14 GM FINANCIAL CONSUMER AUTOMOBILE TRUST 512,795.39 0.19 GM FINANCIAL LEASINGTRUST 1,858,994.20 0.69 GOLDMAN SACHS GROUP INC 1,273,129.52 0.47 HONDA AUTO RECEIVABLES 279,257.27 0.10 HYUNDAI AUTO LEASE SECURITIZATION TRUST 536,946.19 0.20 HYUNDAI AUTO RECEIVABLES 1,793,328.70 0.66 IBM CORP 5,243,253.24 1.94 INTER-AMERICAN DEVELOPMENT BANK 3,133,833.73 1.16 INTL BANK OF RECONSTRUCTION AND DEV 1,656,217.98 0.61 JP MORGAN CHASE & CO 912,487.25 0.34 KUBOTA CREDIT OWNER TRUST 1,681,569.60 0.62 LOCKHEED MARTIN CORP 241,835.58 0.09 MEDALLION BANK UTAH 179,722.66 0.07 MERCEDES-BENZ AUTO LEASE TRUST 1,309,050.37 0.48 MORGAN STANLEY 3,044,604.00 1.13 NOVARTIS AG 1,008,255.00 0.37 SAN MATEO-FOSTER CITY SCHOOL DISTRICT Account 73340000 Page 3 Page 25 For the Month Ending November 30, 2021Managed Account Issuer Summary CITY OF RANCHO CUCAMONGA - 73340000 Percentof HoldingsIssuer Market Value 1,639,980.17 0.61 THE BANK OF NEW YORK MELLON CORPORATION 1,088,044.88 0.40 TOYOTA MOTOR CORP 436,293.88 0.16 UNILEVER PLC 176,121,256.81 65.12 UNITED STATES TREASURY 2,561,765.00 0.95 US BANCORP 3,054,510.00 1.13 WAL-MART STORES INC 249,538.14 0.09 WELLS FARGO & COMPANY $270,479,494.02 Total 100.00% Account 73340000 Page 4 Page 26 For the Month Ending November 30, 2021Managed Account Detail of Securities Held CITY OF RANCHO CUCAMONGA - 73340000 Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTradeSettle Par U.S. Treasury Bond / Note US TREASURY NOTES DTD 10/15/2019 1.375% 10/15/2022 4,242,000.00 4,245,257.53 7,456.73 4,306,312.50 09/28/2009/24/20AaaAA+ 4,200,000.00 912828YK0 0.14 US TREASURY NOTES DTD 11/15/2012 1.625% 11/15/2022 5,825,468.75 5,830,719.14 4,129.83 5,921,152.34 11/05/2010/30/20AaaAA+ 5,750,000.00 912828TY6 0.15 US TREASURY NOTES DTD 11/30/2015 2.000% 11/30/2022 8,545,687.92 8,555,562.59 461.54 8,695,312.50 01/08/2101/06/21AaaAA+ 8,400,000.00 912828M80 0.14 US TREASURY NOTES DTD 12/31/2015 2.125% 12/31/2022 5,099,219.00 5,105,613.90 44,463.32 5,205,078.13 11/24/2011/23/20AaaAA+ 5,000,000.00 912828N30 0.17 US TREASURY NOTES DTD 01/31/2018 2.375% 01/31/2023 2,457,750.00 2,461,101.39 19,051.63 2,515,031.25 11/20/2011/17/20AaaAA+ 2,400,000.00 9128283U2 0.19 US TREASURY NOTES DTD 02/28/2018 2.625% 02/28/2023 1,861,188.97 1,864,707.56 12,075.00 1,910,257.03 11/18/2011/16/20AaaAA+ 1,810,000.00 9128284A5 0.19 US TREASURY NOTES DTD 02/29/2016 1.500% 02/28/2023 7,102,812.50 7,119,096.90 26,685.08 7,200,156.25 01/26/2101/25/21AaaAA+ 7,000,000.00 912828P79 0.13 US TREASURY NOTES DTD 03/15/2020 0.500% 03/15/2023 5,009,375.00 5,021,622.23 5,317.68 5,039,648.44 11/05/2010/30/20AaaAA+ 5,000,000.00 912828ZD5 0.16 US TREASURY NOTES DTD 04/30/2018 2.750% 04/30/2023 5,166,406.00 5,181,700.16 11,774.86 5,329,882.81 10/07/2010/06/20AaaAA+ 5,000,000.00 9128284L1 0.17 US TREASURY NOTES DTD 05/31/2016 1.625% 05/31/2023 3,563,437.50 3,576,002.79 156.25 3,630,429.69 11/05/2010/30/20AaaAA+ 3,500,000.00 912828R69 0.17 US TREASURY NOTES DTD 06/15/2020 0.250% 06/15/2023 6,482,734.70 6,510,359.38 7,503.42 6,518,281.25 09/28/2009/24/20AaaAA+ 6,500,000.00 912828ZU7 0.15 US TREASURY N/B NOTES DTD 07/31/2021 0.125% 07/31/2023 5,967,187.20 5,991,712.68 2,506.79 5,990,156.25 08/09/2108/06/21AaaAA+ 6,000,000.00 91282CCN9 0.21 US TREASURY NOTES DTD 08/15/2020 0.125% 08/15/2023 4,970,312.50 4,995,103.32 1,834.24 4,991,796.88 10/07/2010/06/20AaaAA+ 5,000,000.00 91282CAF8 0.18 US TREASURY NOTES DTD 09/15/2020 0.125% 09/15/2023 4,967,187.50 4,992,658.73 1,329.42 4,988,476.56 11/24/2011/23/20AaaAA+ 5,000,000.00 91282CAK7 0.21 Account 73340000 Page 5 Page 27 For the Month Ending November 30, 2021Managed Account Detail of Securities Held CITY OF RANCHO CUCAMONGA - 73340000 Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTradeSettle Par U.S. Treasury Bond / Note US TREASURY NOTES DTD 09/30/2021 0.250% 09/30/2023 1,990,937.60 1,999,207.10 851.65 1,999,140.63 10/06/2110/04/21AaaAA+ 2,000,000.00 91282CDA6 0.27 US TREASURY N/B NOTES DTD 10/31/2021 0.375% 10/31/2023 5,983,125.00 5,983,774.93 1,926.80 5,983,125.00 11/03/2111/01/21AaaAA+ 6,000,000.00 91282CDD0 0.52 US TREASURY NOTES DTD 02/28/2019 2.375% 02/29/2024 8,307,500.00 8,394,120.30 48,287.29 8,600,312.50 09/28/2009/24/20AaaAA+ 8,000,000.00 9128286G0 0.18 US TREASURY NOTES DTD 05/01/2017 2.000% 04/30/2024 3,727,968.75 3,768,748.07 6,191.44 3,836,983.59 11/05/2010/30/20AaaAA+ 3,615,000.00 912828X70 0.23 US TREASURY N/B NOTES DTD 05/15/2021 0.250% 05/15/2024 1,878,625.00 1,879,560.61 209.94 1,878,921.88 11/03/2111/01/21AaaAA+ 1,900,000.00 91282CCC3 0.69 US TREASURY N/B NOTES DTD 07/15/2021 0.375% 07/15/2024 4,951,562.50 5,005,900.73 7,082.20 5,006,640.63 08/03/2108/02/21AaaAA+ 5,000,000.00 91282CCL3 0.33 US TREASURY NOTES DTD 07/31/2019 1.750% 07/31/2024 5,820,609.38 5,897,107.18 33,164.88 5,995,139.06 10/07/2010/06/20AaaAA+ 5,670,000.00 912828Y87 0.24 US TREASURY N/B NOTES DTD 08/15/2021 0.375% 08/15/2024 3,958,124.80 3,996,559.89 4,402.17 3,996,250.00 09/03/2109/01/21AaaAA+ 4,000,000.00 91282CCT6 0.41 US TREASURY NOTES DTD 08/31/2019 1.250% 08/31/2024 2,273,062.50 2,306,893.79 7,131.91 2,325,942.78 01/26/2101/25/21AaaAA+ 2,245,000.00 912828YE4 0.24 US TREASURY N/B NOTES DTD 09/15/2021 0.375% 09/15/2024 1,384,031.32 1,395,179.00 1,116.71 1,394,914.06 10/06/2110/04/21AaaAA+ 1,400,000.00 91282CCX7 0.50 US TREASURY NOTES DTD 10/02/2017 2.125% 09/30/2024 6,222,187.20 6,323,677.16 21,717.03 6,457,968.75 09/28/2009/24/20AaaAA+ 6,000,000.00 9128282Y5 0.21 US TREASURY NOTES DTD 10/31/2019 1.500% 10/31/2024 2,548,437.50 2,586,201.44 3,211.33 2,616,796.88 11/18/2011/16/20AaaAA+ 2,500,000.00 912828YM6 0.31 US TREASURY NOTES DTD 11/30/2019 1.500% 11/30/2024 5,096,094.00 5,179,024.48 206.04 5,239,843.75 11/24/2011/23/20AaaAA+ 5,000,000.00 912828YV6 0.30 US TREASURY NOTES DTD 02/28/2018 2.750% 02/28/2025 6,354,375.00 6,487,325.74 41,933.70 6,663,750.00 09/28/2009/24/20AaaAA+ 6,000,000.00 9128283Z1 0.23 Account 73340000 Page 6 Page 28 For the Month Ending November 30, 2021Managed Account Detail of Securities Held CITY OF RANCHO CUCAMONGA - 73340000 Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTradeSettle Par U.S. Treasury Bond / Note US TREASURY NOTES DTD 03/31/2020 0.500% 03/31/2025 2,711,328.13 2,764,769.16 2,342.03 2,769,335.94 11/20/2011/17/20AaaAA+ 2,750,000.00 912828ZF0 0.34 US TREASURY NOTES DTD 07/31/2020 0.250% 07/31/2025 4,377,656.25 4,482,720.93 3,760.19 4,478,730.47 01/26/2101/25/21AaaAA+ 4,500,000.00 91282CAB7 0.36 US TREASURY NOTES DTD 07/31/2020 0.250% 07/31/2025 6,809,687.50 6,964,842.34 5,849.19 6,956,250.00 01/08/2101/06/21AaaAA+ 7,000,000.00 91282CAB7 0.39 US TREASURY NOTES DTD 12/31/2020 0.375% 12/31/2025 3,791,531.25 3,844,784.76 6,120.24 3,837,082.03 05/07/2105/06/21AaaAA+ 3,900,000.00 91282CBC4 0.73 US TREASURY NOTES DTD 01/31/2021 0.375% 01/31/2026 4,024,535.94 4,082,838.00 5,195.33 4,076,834.18 07/07/2107/06/21AaaAA+ 4,145,000.00 91282CBH3 0.74 US TREASURY NOTES DTD 01/31/2021 0.375% 01/31/2026 5,825,625.00 5,918,669.87 7,520.38 5,912,578.13 08/09/2108/06/21AaaAA+ 6,000,000.00 91282CBH3 0.71 US TREASURY NOTES DTD 02/28/2021 0.500% 02/28/2026 2,584,578.13 2,627,732.50 3,367.40 2,623,810.55 03/03/2103/02/21AaaAA+ 2,650,000.00 91282CBQ3 0.70 US TREASURY N/B NOTES DTD 03/31/2021 0.750% 03/31/2026 2,955,000.00 2,977,095.31 3,832.42 2,973,632.81 04/06/2104/02/21AaaAA+ 3,000,000.00 91282CBT7 0.93 US TREASURY N/B NOTES DTD 05/31/2021 0.750% 05/31/2026 6,000,875.00 6,087,974.51 125.69 6,086,656.25 06/04/2106/02/21AaaAA+ 6,100,000.00 91282CCF6 0.79 US TREASURY N/B NOTES DTD 07/31/2021 0.625% 07/31/2026 1,953,437.60 1,986,893.02 4,177.99 1,986,015.63 08/09/2108/06/21AaaAA+ 2,000,000.00 91282CCP4 0.77 US TREASURY N/B NOTES DTD 07/31/2021 0.625% 07/31/2026 2,930,156.40 2,992,555.80 6,266.98 2,992,031.25 08/03/2108/02/21AaaAA+ 3,000,000.00 91282CCP4 0.68 US TREASURY N/B NOTES DTD 10/31/2021 1.125% 10/31/2026 399,437.52 397,595.54 385.36 397,578.13 11/18/2111/17/21AaaAA+ 400,000.00 91282CDG3 1.25 371,122.08 176,121,256.81 177,782,970.46 0.33 179,328,236.76 175,335,000.00 Security Type Sub-Total Supra-National Agency Bond / Note INTL BK OF RECON AND DEV NOTE DTD 04/20/2021 0.126% 04/20/2023 1,735,866.67 1,742,501.18 250.41 1,741,387.85 04/20/2104/13/21AaaAAA 1,745,000.00 459058JV6 0.23 Account 73340000 Page 7 Page 29 For the Month Ending November 30, 2021Managed Account Detail of Securities Held CITY OF RANCHO CUCAMONGA - 73340000 Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTradeSettle Par Supra-National Agency Bond / Note INTL BK RECON & DEVELOP NOTES DTD 11/24/2020 0.250% 11/24/2023 1,397,967.06 1,407,998.38 68.54 1,406,968.50 11/24/2011/17/20AaaAAA 1,410,000.00 459058JM6 0.32 INTER-AMERICAN DEVEL BK NOTES DTD 09/23/2021 0.500% 09/23/2024 3,709,744.74 3,752,396.24 3,546.39 3,752,221.30 09/23/2109/15/21AaaAAA 3,755,000.00 4581X0DZ8 0.52 INTER-AMERICAN DEVELOPMENT BANK NOTES DTD 01/16/2020 1.750% 03/14/2025 1,533,508.50 1,562,339.90 5,614.58 1,576,950.00 02/23/2102/19/21AaaAAA 1,500,000.00 4581X0DK1 0.47 9,479.92 8,377,086.97 8,465,235.70 0.42 8,477,527.65 8,410,000.00 Security Type Sub-Total Municipal Bond / Note SAN MATEO-FOSTER SCH DIST, CA TXBL GO BO DTD 05/19/2020 1.162% 08/01/2022 502,875.00 500,695.15 1,936.67 502,300.00 05/19/2005/19/20AaaAA+ 500,000.00 799055QR2 0.95 SAN MATEO-FOSTER SCH DIST, CA TXBL GO BO DTD 05/19/2020 1.266% 08/01/2023 505,380.00 501,760.55 2,110.00 503,385.00 05/19/2005/19/20AaaAA+ 500,000.00 799055QS0 1.05 4,046.67 1,008,255.00 1,002,455.70 1.00 1,005,685.00 1,000,000.00 Security Type Sub-Total Federal Agency Bond / Note FANNIE MAE NOTES DTD 07/10/2020 0.250% 07/10/2023 4,245,328.56 4,260,688.65 4,171.25 4,261,192.80 09/28/2009/24/20AaaAA+ 4,260,000.00 3135G05G4 0.24 FREDDIE MAC NOTES DTD 09/04/2020 0.250% 09/08/2023 4,777,608.00 4,801,759.52 2,766.67 4,802,928.00 09/28/2009/24/20AaaAA+ 4,800,000.00 3137EAEW5 0.23 FREDDIE MAC NOTES DTD 11/05/2020 0.250% 11/06/2023 1,689,726.90 1,699,015.83 295.14 1,698,470.00 11/05/2011/03/20AaaAA+ 1,700,000.00 3137EAEZ8 0.28 FANNIE MAE NOTES DTD 11/25/2020 0.250% 11/27/2023 4,371,747.60 4,396,680.39 122.22 4,394,984.00 11/25/2011/23/20AaaAA+ 4,400,000.00 3135G06H1 0.29 FANNIE MAE NOTES DTD 06/19/2020 0.500% 06/17/2025 2,841,155.90 2,899,912.61 6,594.17 2,901,803.25 07/21/2007/21/20AaaAA+ 2,895,000.00 3135G04Z3 0.45 Account 73340000 Page 8 Page 30 For the Month Ending November 30, 2021Managed Account Detail of Securities Held CITY OF RANCHO CUCAMONGA - 73340000 Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTradeSettle Par Federal Agency Bond / Note FANNIE MAE NOTES DTD 06/19/2020 0.500% 06/17/2025 4,907,005.00 5,013,368.08 11,388.89 5,017,800.00 09/28/2009/24/20AaaAA+ 5,000,000.00 3135G04Z3 0.42 FEDERAL FARM CREDIT BANK NOTES DTD 07/02/2020 0.500% 07/02/2025 2,948,706.00 3,005,150.52 6,208.33 3,007,110.00 07/21/2007/21/20AaaAA+ 3,000,000.00 3133ELR71 0.45 FANNIE MAE NOTES (CALLABLE) DTD 07/21/2020 0.625% 07/21/2025 2,462,520.00 2,499,272.73 5,642.36 2,499,000.00 07/21/2007/21/20AaaAA+ 2,500,000.00 3136G4ZJ5 0.63 FANNIE MAE NOTES DTD 08/27/2020 0.375% 08/25/2025 1,953,120.00 1,991,063.57 2,000.00 1,988,500.00 11/05/2010/30/20AaaAA+ 2,000,000.00 3135G05X7 0.50 FREDDIE MAC NOTES DTD 09/25/2020 0.375% 09/23/2025 2,243,293.50 2,294,716.66 1,629.17 2,293,077.00 09/25/2009/23/20AaaAA+ 2,300,000.00 3137EAEX3 0.44 FANNIE MAE NOTES DTD 11/12/2020 0.500% 11/07/2025 1,360,277.63 1,388,200.12 463.33 1,387,720.40 11/13/2011/12/20AaaAA+ 1,390,000.00 3135G06G3 0.53 FANNIE MAE NOTES DTD 11/12/2020 0.500% 11/07/2025 4,403,776.50 4,495,578.77 1,500.00 4,494,465.00 12/04/2012/02/20AaaAA+ 4,500,000.00 3135G06G3 0.53 42,781.53 38,204,265.59 38,745,407.45 0.39 38,747,050.45 38,745,000.00 Security Type Sub-Total Corporate Note WAL-MART STORES INC CORP (CALLABLE) NOTE DTD 10/20/2017 2.350% 12/15/2022 3,054,510.00 2,980,064.32 32,508.33 2,913,840.00 06/21/1806/21/18Aa2AA 3,000,000.00 931142DU4 3.04 APPLE INC GLOBAL NOTES DTD 05/03/2013 2.400% 05/03/2023 3,473,597.40 3,375,282.19 6,328.00 3,348,574.20 05/06/1905/06/19Aa1AA+ 3,390,000.00 037833AK6 2.73 APPLE INC CORPORATE NOTES DTD 05/11/2020 0.750% 05/11/2023 1,443,972.96 1,442,275.78 600.00 1,444,737.60 05/11/2005/11/20Aa1AA+ 1,440,000.00 037833DV9 0.64 APPLE INC (CALLABLE) BONDS DTD 02/09/2017 3.000% 02/09/2024 3,125,781.00 3,008,016.64 28,000.00 3,019,140.00 02/11/1902/11/19Aa1AA+ 3,000,000.00 037833CG3 2.86 CHARLES SCHWAB CORP NOTES (CALLABLE) DTD 03/18/2021 0.750% 03/18/2024 656,575.26 659,747.68 1,003.75 659,670.00 03/18/2103/16/21A2A 660,000.00 808513BN4 0.77 Account 73340000 Page 9 Page 31 For the Month Ending November 30, 2021Managed Account Detail of Securities Held CITY OF RANCHO CUCAMONGA - 73340000 Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTradeSettle Par Corporate Note AMAZON.COM INC CORPORATE NOTES DTD 05/12/2021 0.450% 05/12/2024 1,438,023.06 1,453,269.16 345.56 1,452,875.70 05/12/2105/10/21A1AA 1,455,000.00 023135BW5 0.50 AMERICAN EXPRESS CO CORP NOTES (CALLABLE DTD 07/30/2019 2.500% 07/30/2024 1,781,500.65 1,786,234.96 14,494.79 1,786,755.00 11/23/2111/19/21A3BBB+ 1,725,000.00 025816CG2 1.14 UNILEVER CAPITAL CORP (CALLABLE) CORPORA DTD 08/12/2021 0.626% 08/12/2024 436,293.88 440,000.00 833.97 440,000.00 08/12/2108/09/21A1A+ 440,000.00 904764BN6 0.63 BMW US CAPITAL LLC CORPORATE NOTES DTD 08/12/2021 0.750% 08/12/2024 510,100.81 514,958.34 1,169.48 514,953.65 08/12/2108/09/21A2A 515,000.00 05565EBU8 0.75 US BANK NA CINCINNATI (CALLABLE) CORPORA DTD 01/21/2020 2.050% 01/21/2025 2,561,765.00 2,603,985.23 18,506.94 2,640,450.00 11/05/2010/30/20A1AA- 2,500,000.00 90331HPL1 0.69 NOVARTIS CAPITAL CORP DTD 02/14/2020 1.750% 02/14/2025 3,044,604.00 3,105,172.08 15,604.17 3,144,750.00 09/28/2009/24/20A1AA- 3,000,000.00 66989HAP3 0.63 JPMORGAN CHASE & CO CORP NOTES (CALLABLE DTD 02/16/2021 0.563% 02/16/2025 604,215.98 610,000.00 1,001.67 610,000.00 02/16/2102/09/21A2A- 610,000.00 46647PBY1 0.56 LOCKHEED MARTIN CORP NOTES (CALLABLE) DTD 02/20/2015 2.900% 03/01/2025 1,681,569.60 1,692,363.13 11,600.00 1,714,864.00 03/09/2103/05/21A3A- 1,600,000.00 539830BE8 1.05 GENERAL DYNAMICS CORP (CALLABLE) CORP NO DTD 05/11/2018 3.500% 05/15/2025 1,714,604.80 1,728,667.48 2,488.89 1,757,296.00 03/09/2103/05/21A3A- 1,600,000.00 369550BG2 1.09 CITIGROUP INC CORP NOTE (CALLABLE) DTD 11/03/2021 1.281% 11/03/2025 1,495,864.50 1,501,505.53 1,494.50 1,501,545.00 11/03/2111/01/21A3BBB+ 1,500,000.00 172967ND9 1.25 BANK OF NY MELLON CORP (CALLABLE) CORPOR DTD 01/28/2021 0.750% 01/28/2026 1,639,980.17 1,684,171.18 4,317.81 1,684,005.85 02/01/2101/28/21A1A 1,685,000.00 06406RAQ0 0.76 Account 73340000 Page 10 Page 32 For the Month Ending November 30, 2021Managed Account Detail of Securities Held CITY OF RANCHO CUCAMONGA - 73340000 Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTradeSettle Par Corporate Note GOLDMAN SACHS GROUP INC CORPORATE NOTES DTD 02/12/2021 0.855% 02/12/2026 1,858,994.20 1,903,265.12 4,918.63 1,903,876.00 02/17/2102/12/21A2BBB+ 1,900,000.00 38141GXS8 0.81 IBM CORP DTD 05/15/2019 3.300% 05/15/2026 1,793,328.70 1,836,046.77 2,456.67 1,844,861.75 09/03/2109/01/21A3A- 1,675,000.00 459200JZ5 1.08 ASTRAZENECA FINANCE LLC (CALLABLE) CORP DTD 05/28/2021 1.200% 05/28/2026 1,652,216.65 1,683,618.53 167.50 1,684,095.25 09/03/2109/01/21A3A- 1,675,000.00 04636NAA1 1.08 TOYOTA MOTOR CREDIT CORP CORPORATE NOTES DTD 06/18/2021 1.125% 06/18/2026 1,088,044.88 1,102,658.34 5,628.59 1,102,546.90 09/13/2109/08/21A1A+ 1,105,000.00 89236TJK2 1.17 MORGAN STANLEY CORP NOTES DTD 07/25/2016 3.125% 07/27/2026 1,059,683.00 1,061,309.60 10,763.89 1,062,320.00 11/03/2111/01/21A1BBB+ 1,000,000.00 61761J3R8 1.75 JPMORGAN CHASE & CO CORP NOTES DTD 07/21/2016 2.950% 10/01/2026 1,052,002.00 1,056,592.84 4,916.67 1,057,540.00 11/03/2111/01/21A2A- 1,000,000.00 46625HRV4 1.72 169,149.81 37,167,228.50 37,229,204.90 1.44 37,288,696.90 36,475,000.00 Security Type Sub-Total Certificate of Deposit - FDIC Insured WELLS FARGO BANK NA DTD 01/29/2020 1.900% 01/30/2023 249,538.14 245,000.00 25.51 245,000.00 01/29/2001/29/20NRNR 245,000.00 949763S64 1.90 MORGAN STANLEY PVT BANK DTD 01/30/2020 1.850% 01/30/2023 249,367.37 245,000.00 1,539.81 245,000.00 01/30/2001/30/20NRNR 245,000.00 61760A6Q7 1.85 ENERBANK USA DTD 07/24/2020 0.450% 07/24/2024 242,966.75 245,000.00 21.14 245,000.00 07/24/2007/24/20NRNR 245,000.00 29278TQD5 0.45 CHIPPEWA VALLEY BANK DTD 07/29/2020 0.500% 07/29/2025 241,399.24 245,000.00 6.71 245,000.00 07/29/2007/29/20NRNR 245,000.00 169894AT9 0.50 MEDALLION BANK UTAH DTD 07/30/2020 0.550% 07/30/2025 241,835.58 245,000.00 3.69 245,000.00 07/30/2007/30/20NRNR 245,000.00 58404DHQ7 0.55 1,596.86 1,225,107.08 1,225,000.00 1.06 1,225,000.00 1,225,000.00 Security Type Sub-Total Account 73340000 Page 11 Page 33 For the Month Ending November 30, 2021Managed Account Detail of Securities Held CITY OF RANCHO CUCAMONGA - 73340000 Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTradeSettle Par Asset-Backed Security MBALT 2021-A A3 DTD 01/27/2021 0.250% 01/16/2024 179,722.66 179,986.97 20.00 179,981.80 01/27/2101/20/21AaaAAA 180,000.00 58770GAC4 0.25 HALST 2021-A A4 DTD 01/20/2021 0.420% 12/16/2024 279,257.27 279,981.85 52.27 279,976.70 01/20/2101/12/21AaaAAA 280,000.00 44891TAD8 0.42 GMALT 2021-1 A4 DTD 02/24/2021 0.330% 02/20/2025 512,795.39 514,937.18 51.93 514,922.24 02/24/2102/17/21AaaNR 515,000.00 36261RAD0 0.33 HAROT 2021-1 A3 DTD 02/24/2021 0.270% 04/21/2025 528,221.53 529,992.09 39.75 529,990.30 02/24/2102/17/21AaaNR 530,000.00 43813GAC5 0.27 HART 2021-A A3 DTD 04/28/2021 0.380% 09/15/2025 536,946.19 539,950.89 91.20 539,943.19 04/28/2104/20/21NRAAA 540,000.00 44933LAC7 0.38 GMCAR 2021-1 A3 DTD 01/20/2021 0.350% 10/16/2025 373,476.75 374,951.17 54.69 374,940.30 01/20/2101/12/21AaaAAA 375,000.00 36261LAC5 0.35 KCOT 2021-2A A3 DTD 07/28/2021 0.560% 11/17/2025 912,487.25 924,967.92 230.22 924,965.13 07/28/2107/20/21AaaNR 925,000.00 50117XAE2 0.56 CARMX 2021-1 A3 DTD 01/27/2021 0.340% 12/15/2025 119,346.86 119,980.39 18.13 119,976.29 01/27/2101/20/21NRAAA 120,000.00 14316NAC3 0.34 HAROT 2021-4 A3 DTD 11/24/2021 0.880% 01/21/2026 744,907.99 744,843.67 127.48 744,842.95 11/24/2111/16/21AaaNR 745,000.00 43815GAC3 0.89 CARMX 2021-2 A3 DTD 04/21/2021 0.520% 02/17/2026 805,801.69 809,847.63 187.20 809,825.45 04/21/2104/13/21NRAAA 810,000.00 14314QAC8 0.52 CARMX 2021-3 A3 DTD 07/28/2021 0.550% 06/15/2026 1,517,962.11 1,529,766.11 374.00 1,529,748.32 07/28/2107/21/21AaaAAA 1,530,000.00 14317DAC4 0.55 COMET 2021-A3 A3 DTD 11/30/2021 1.040% 11/16/2026 1,865,368.38 1,864,743.14 53.88 1,864,743.00 11/30/2111/18/21NRAAA 1,865,000.00 14041NFY2 1.04 1,300.75 8,376,294.07 8,413,949.01 0.62 8,413,855.67 8,415,000.00 Security Type Sub-Total 269,605,000.00 274,486,052.43 0.51 599,477.62 272,864,223.22 270,479,494.02 Managed Account Sub-Total Account 73340000 Page 12 Page 34 For the Month Ending November 30, 2021Managed Account Detail of Securities Held CITY OF RANCHO CUCAMONGA - 73340000 $269,605,000.00 $274,486,052.43 $599,477.62 $272,864,223.22 $270,479,494.02 0.51% $271,078,971.64 $599,477.62 Total Investments Accrued Interest Securities Sub-Total Account 73340000 Page 13 Page 35 For the Month Ending November 30, 2021Managed Account Fair Market Value & Analytics CITY OF RANCHO CUCAMONGA - 73340000 Value On Cost Amort CostCUSIPBrokerDatePriceDated Date/Coupon/Maturity Par at Mkt Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective Duration U.S. Treasury Bond / Note (3,257.53)(64,312.50) 4,242,000.00 101.00 CITIGRP 4,200,000.00 912828YK0US TREASURY NOTES DTD 10/15/2019 1.375% 10/15/2022 0.23 0.87 (5,250.39)(95,683.59) 5,825,468.75 101.31 CITIGRP 5,750,000.00 912828TY6US TREASURY NOTES DTD 11/15/2012 1.625% 11/15/2022 0.25 0.95 (9,874.67)(149,624.58) 8,545,687.92 101.73 CITIGRP 8,400,000.00 912828M80US TREASURY NOTES DTD 11/30/2015 2.000% 11/30/2022 0.26 1.00 (6,394.90)(105,859.13) 5,099,219.00 101.98 NOMURA 5,000,000.00 912828N30US TREASURY NOTES DTD 12/31/2015 2.125% 12/31/2022 0.29 1.07 (3,351.39)(57,281.25) 2,457,750.00 102.41 CITIGRP 2,400,000.00 9128283U2US TREASURY NOTES DTD 01/31/2018 2.375% 01/31/2023 0.31 1.15 (3,518.59)(49,068.06) 1,861,188.97 102.83 CITIGRP 1,810,000.00 9128284A5US TREASURY NOTES DTD 02/28/2018 2.625% 02/28/2023 0.35 1.23 (16,284.40)(97,343.75) 7,102,812.50 101.47 BNP_PAR 7,000,000.00 912828P79US TREASURY NOTES DTD 02/29/2016 1.500% 02/28/2023 0.32 1.24 (12,247.23)(30,273.44) 5,009,375.00 100.19 WELLS_F 5,000,000.00 912828ZD5US TREASURY NOTES DTD 03/15/2020 0.500% 03/15/2023 0.35 1.29 (15,294.16)(163,476.81) 5,166,406.00 103.33 CITIGRP 5,000,000.00 9128284L1US TREASURY NOTES DTD 04/30/2018 2.750% 04/30/2023 0.39 1.40 (12,565.29)(66,992.19) 3,563,437.50 101.81 NOMURA 3,500,000.00 912828R69US TREASURY NOTES DTD 05/31/2016 1.625% 05/31/2023 0.41 1.49 (27,624.68)(35,546.55) 6,482,734.70 99.73 WELLS_F 6,500,000.00 912828ZU7US TREASURY NOTES DTD 06/15/2020 0.250% 06/15/2023 0.42 1.54 (24,525.48)(22,969.05) 5,967,187.20 99.45 MERRILL 6,000,000.00 91282CCN9US TREASURY N/B NOTES DTD 07/31/2021 0.125% 07/31/2023 0.45 1.67 (24,790.82)(21,484.38) 4,970,312.50 99.41 HSBC 5,000,000.00 91282CAF8US TREASURY NOTES DTD 08/15/2020 0.125% 08/15/2023 0.47 1.71 (25,471.23)(21,289.06) 4,967,187.50 99.34 NOMURA 5,000,000.00 91282CAK7US TREASURY NOTES DTD 09/15/2020 0.125% 09/15/2023 0.49 1.79 (8,269.50)(8,203.03) 1,990,937.60 99.55 NOMURA 2,000,000.00 91282CDA6US TREASURY NOTES DTD 09/30/2021 0.250% 09/30/2023 0.50 1.83 (649.93) 0.00 5,983,125.00 99.72 CITIGRP 6,000,000.00 91282CDD0US TREASURY N/B NOTES DTD 10/31/2021 0.375% 10/31/2023 0.52 1.91 (86,620.30)(292,812.50) 8,307,500.00 103.84 RBS 8,000,000.00 9128286G0US TREASURY NOTES DTD 02/28/2019 2.375% 02/29/2024 0.65 2.19 Account 73340000 Page 14 Page 36 For the Month Ending November 30, 2021Managed Account Fair Market Value & Analytics CITY OF RANCHO CUCAMONGA - 73340000 Value On Cost Amort CostCUSIPBrokerDatePriceDated Date/Coupon/Maturity Par at Mkt Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective Duration U.S. Treasury Bond / Note (40,779.32)(109,014.84) 3,727,968.75 103.13 MORGAN_ 3,615,000.00 912828X70US TREASURY NOTES DTD 05/01/2017 2.000% 04/30/2024 0.69 2.37 (935.61)(296.88) 1,878,625.00 98.88 CITIGRP 1,900,000.00 91282CCC3US TREASURY N/B NOTES DTD 05/15/2021 0.250% 05/15/2024 0.71 2.45 (54,338.23)(55,078.13) 4,951,562.50 99.03 NOMURA 5,000,000.00 91282CCL3US TREASURY N/B NOTES DTD 07/15/2021 0.375% 07/15/2024 0.75 2.61 (76,497.80)(174,529.68) 5,820,609.38 102.66 WELLS_F 5,670,000.00 912828Y87US TREASURY NOTES DTD 07/31/2019 1.750% 07/31/2024 0.74 2.61 (38,435.09)(38,125.20) 3,958,124.80 98.95 NOMURA 4,000,000.00 91282CCT6US TREASURY N/B NOTES DTD 08/15/2021 0.375% 08/15/2024 0.77 2.70 (33,831.29)(52,880.28) 2,273,062.50 101.25 BNP_PAR 2,245,000.00 912828YE4US TREASURY NOTES DTD 08/31/2019 1.250% 08/31/2024 0.79 2.70 (11,147.68)(10,882.74) 1,384,031.32 98.86 MERRILL 1,400,000.00 91282CCX7US TREASURY N/B NOTES DTD 09/15/2021 0.375% 09/15/2024 0.79 2.78 (101,489.96)(235,781.55) 6,222,187.20 103.70 CITIGRP 6,000,000.00 9128282Y5US TREASURY NOTES DTD 10/02/2017 2.125% 09/30/2024 0.80 2.76 (37,763.94)(68,359.38) 2,548,437.50 101.94 CITIGRP 2,500,000.00 912828YM6US TREASURY NOTES DTD 10/31/2019 1.500% 10/31/2024 0.83 2.86 (82,930.48)(143,749.75) 5,096,094.00 101.92 NOMURA 5,000,000.00 912828YV6US TREASURY NOTES DTD 11/30/2019 1.500% 11/30/2024 0.85 2.95 (132,950.74)(309,375.00) 6,354,375.00 105.91 MERRILL 6,000,000.00 9128283Z1US TREASURY NOTES DTD 02/28/2018 2.750% 02/28/2025 0.90 3.11 (53,441.03)(58,007.81) 2,711,328.13 98.59 MORGAN_ 2,750,000.00 912828ZF0US TREASURY NOTES DTD 03/31/2020 0.500% 03/31/2025 0.93 3.31 (105,064.68)(101,074.22) 4,377,656.25 97.28 BNP_PAR 4,500,000.00 91282CAB7US TREASURY NOTES DTD 07/31/2020 0.250% 07/31/2025 1.01 3.65 (155,154.84)(146,562.50) 6,809,687.50 97.28 JPM_CHA 7,000,000.00 91282CAB7US TREASURY NOTES DTD 07/31/2020 0.250% 07/31/2025 1.01 3.65 (53,253.51)(45,550.78) 3,791,531.25 97.22 HSBC 3,900,000.00 91282CBC4US TREASURY NOTES DTD 12/31/2020 0.375% 12/31/2025 1.07 4.05 (58,302.06)(52,298.24) 4,024,535.94 97.09 CITIGRP 4,145,000.00 91282CBH3US TREASURY NOTES DTD 01/31/2021 0.375% 01/31/2026 1.09 4.13 (93,044.87)(86,953.13) 5,825,625.00 97.09 RBS 6,000,000.00 91282CBH3US TREASURY NOTES DTD 01/31/2021 0.375% 01/31/2026 1.09 4.13 Account 73340000 Page 15 Page 37 For the Month Ending November 30, 2021Managed Account Fair Market Value & Analytics CITY OF RANCHO CUCAMONGA - 73340000 Value On Cost Amort CostCUSIPBrokerDatePriceDated Date/Coupon/Maturity Par at Mkt Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective Duration U.S. Treasury Bond / Note (43,154.37)(39,232.42) 2,584,578.13 97.53 CITIGRP 2,650,000.00 91282CBQ3US TREASURY NOTES DTD 02/28/2021 0.500% 02/28/2026 1.10 4.20 (22,095.31)(18,632.81) 2,955,000.00 98.50 NOMURA 3,000,000.00 91282CBT7US TREASURY N/B NOTES DTD 03/31/2021 0.750% 03/31/2026 1.11 4.27 (87,099.51)(85,781.25) 6,000,875.00 98.38 RBC 6,100,000.00 91282CCF6US TREASURY N/B NOTES DTD 05/31/2021 0.750% 05/31/2026 1.12 4.43 (33,455.42)(32,578.03) 1,953,437.60 97.67 CITIGRP 2,000,000.00 91282CCP4US TREASURY N/B NOTES DTD 07/31/2021 0.625% 07/31/2026 1.14 4.60 (62,399.40)(61,874.85) 2,930,156.40 97.67 CITIGRP 3,000,000.00 91282CCP4US TREASURY N/B NOTES DTD 07/31/2021 0.625% 07/31/2026 1.14 4.60 1,841.98 1,859.39 399,437.52 99.86 CITIGRP 400,000.00 91282CDG3US TREASURY N/B NOTES DTD 10/31/2021 1.125% 10/31/2026 1.15 4.79 (3,206,979.95) 0.67 (1,661,713.65) 176,121,256.81 175,335,000.00 Security Type Sub-Total 2.43 Supra-National Agency Bond / Note (6,634.51)(5,521.18) 1,735,866.67 99.48 TD 1,745,000.00 459058JV6INTL BK OF RECON AND DEV NOTE DTD 04/20/2021 0.126% 04/20/2023 0.50 1.39 (10,031.32)(9,001.44) 1,397,967.06 99.15 TD 1,410,000.00 459058JM6INTL BK RECON & DEVELOP NOTES DTD 11/24/2020 0.250% 11/24/2023 0.68 1.98 (42,651.50)(42,476.56) 3,709,744.74 98.79 JPM_CHA 3,755,000.00 4581X0DZ8INTER-AMERICAN DEVEL BK NOTES DTD 09/23/2021 0.500% 09/23/2024 0.93 2.80 (28,831.40)(43,441.50) 1,533,508.50 102.23 MORGAN_ 1,500,000.00 4581X0DK1INTER-AMERICAN DEVELOPMENT BANK NOTES DTD 01/16/2020 1.750% 03/14/2025 1.06 3.20 (100,440.68) 0.82 (88,148.73) 8,377,086.97 8,410,000.00 Security Type Sub-Total 2.44 Municipal Bond / Note 2,179.85 575.00 502,875.00 100.58 NEW ACC 500,000.00 799055QR2SAN MATEO-FOSTER SCH DIST, CA TXBL GO BO DTD 05/19/2020 1.162% 08/01/2022 0.30 0.67 Account 73340000 Page 16 Page 38 For the Month Ending November 30, 2021Managed Account Fair Market Value & Analytics CITY OF RANCHO CUCAMONGA - 73340000 Value On Cost Amort CostCUSIPBrokerDatePriceDated Date/Coupon/Maturity Par at Mkt Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective Duration Municipal Bond / Note 3,619.45 1,995.00 505,380.00 101.08 NEW ACC 500,000.00 799055QS0SAN MATEO-FOSTER SCH DIST, CA TXBL GO BO DTD 05/19/2020 1.266% 08/01/2023 0.62 1.65 2,570.00 0.46 5,799.30 1,008,255.00 1,000,000.00 Security Type Sub-Total 1.16 Federal Agency Bond / Note (15,360.09)(15,864.24) 4,245,328.56 99.66 MORGAN_ 4,260,000.00 3135G05G4FANNIE MAE NOTES DTD 07/10/2020 0.250% 07/10/2023 0.46 1.61 (24,151.52)(25,320.00) 4,777,608.00 99.53 KEYBANC 4,800,000.00 3137EAEW5FREDDIE MAC NOTES DTD 09/04/2020 0.250% 09/08/2023 0.51 1.77 (9,288.93)(8,743.10) 1,689,726.90 99.40 CITIGRP 1,700,000.00 3137EAEZ8FREDDIE MAC NOTES DTD 11/05/2020 0.250% 11/06/2023 0.56 1.93 (24,932.79)(23,236.40) 4,371,747.60 99.36 NOMURA 4,400,000.00 3135G06H1FANNIE MAE NOTES DTD 11/25/2020 0.250% 11/27/2023 0.57 1.99 (58,756.71)(60,647.35) 2,841,155.90 98.14 NEW ACC 2,895,000.00 3135G04Z3FANNIE MAE NOTES DTD 06/19/2020 0.500% 06/17/2025 1.04 3.51 (106,363.08)(110,795.00) 4,907,005.00 98.14 HSBC 5,000,000.00 3135G04Z3FANNIE MAE NOTES DTD 06/19/2020 0.500% 06/17/2025 1.04 3.51 (56,444.52)(58,404.00) 2,948,706.00 98.29 NEW ACC 3,000,000.00 3133ELR71FEDERAL FARM CREDIT BANK NOTES DTD 07/02/2020 0.500% 07/02/2025 0.99 3.55 (36,752.73)(36,480.00) 2,462,520.00 98.50 07/21/22NEW ACC 2,500,000.00 3136G4ZJ5FANNIE MAE NOTES (CALLABLE) DTD 07/21/2020 0.625% 07/21/2025 1.05 0.64 (37,943.57)(35,380.00) 1,953,120.00 97.66 NOMURA 2,000,000.00 3135G05X7FANNIE MAE NOTES DTD 08/27/2020 0.375% 08/25/2025 1.02 3.71 (51,423.16)(49,783.50) 2,243,293.50 97.53 CITIGRP 2,300,000.00 3137EAEX3FREDDIE MAC NOTES DTD 09/25/2020 0.375% 09/23/2025 1.04 3.79 (27,922.49)(27,442.77) 1,360,277.63 97.86 BMO 1,390,000.00 3135G06G3FANNIE MAE NOTES DTD 11/12/2020 0.500% 11/07/2025 1.06 3.90 (91,802.27)(90,688.50) 4,403,776.50 97.86 JEFFERI 4,500,000.00 3135G06G3FANNIE MAE NOTES DTD 11/12/2020 0.500% 11/07/2025 1.06 3.90 (542,784.86) 0.83 (541,141.86) 38,204,265.59 38,745,000.00 Security Type Sub-Total 2.74 Account 73340000 Page 17 Page 39 For the Month Ending November 30, 2021Managed Account Fair Market Value & Analytics CITY OF RANCHO CUCAMONGA - 73340000 Value On Cost Amort CostCUSIPBrokerDatePriceDated Date/Coupon/Maturity Par at Mkt Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective Duration Corporate Note 74,445.68 140,670.00 3,054,510.00 101.82 11/15/22NEW ACC 3,000,000.00 931142DU4WAL-MART STORES INC CORP (CALLABLE) NOTE DTD 10/20/2017 2.350% 12/15/2022 0.60 0.94 98,315.21 125,023.20 3,473,597.40 102.47 NEW ACC 3,390,000.00 037833AK6APPLE INC GLOBAL NOTES DTD 05/03/2013 2.400% 05/03/2023 0.66 1.41 1,697.18 (764.64) 1,443,972.96 100.28 NEW ACC 1,440,000.00 037833DV9APPLE INC CORPORATE NOTES DTD 05/11/2020 0.750% 05/11/2023 0.56 1.44 117,764.36 106,641.00 3,125,781.00 104.19 12/09/23NEW ACC 3,000,000.00 037833CG3APPLE INC (CALLABLE) BONDS DTD 02/09/2017 3.000% 02/09/2024 1.06 1.96 (3,172.42)(3,094.74) 656,575.26 99.48 02/18/24CSFB 660,000.00 808513BN4CHARLES SCHWAB CORP NOTES (CALLABLE) DTD 03/18/2021 0.750% 03/18/2024 0.98 2.20 (15,246.10)(14,852.64) 1,438,023.06 98.83 JPM_CHA 1,455,000.00 023135BW5AMAZON.COM INC CORPORATE NOTES DTD 05/12/2021 0.450% 05/12/2024 0.93 2.44 (4,734.31)(5,254.35) 1,781,500.65 103.28 06/30/24MORGAN_ 1,725,000.00 025816CG2AMERICAN EXPRESS CO CORP NOTES (CALLABLE DTD 07/30/2019 2.500% 07/30/2024 1.25 2.50 (3,706.12)(3,706.12) 436,293.88 99.16 08/12/22DEUTSCH 440,000.00 904764BN6UNILEVER CAPITAL CORP (CALLABLE) CORPORA DTD 08/12/2021 0.626% 08/12/2024 0.94 0.70 (4,857.53)(4,852.84) 510,100.81 99.05 GOLDMAN 515,000.00 05565EBU8BMW US CAPITAL LLC CORPORATE NOTES DTD 08/12/2021 0.750% 08/12/2024 1.11 2.67 (42,220.23)(78,685.00) 2,561,765.00 102.47 12/20/24US_BANC 2,500,000.00 90331HPL1US BANK NA CINCINNATI (CALLABLE) CORPORA DTD 01/21/2020 2.050% 01/21/2025 1.25 2.96 (60,568.08)(100,146.00) 3,044,604.00 101.49 01/14/25US_BANC 3,000,000.00 66989HAP3NOVARTIS CAPITAL CORP DTD 02/14/2020 1.750% 02/14/2025 1.27 3.04 (5,784.02)(5,784.02) 604,215.98 99.05 02/16/24JPM_CHA 610,000.00 46647PBY1JPMORGAN CHASE & CO CORP NOTES (CALLABLE DTD 02/16/2021 0.563% 02/16/2025 0.86 2.20 (10,793.53)(33,294.40) 1,681,569.60 105.10 12/01/24MERRILL 1,600,000.00 539830BE8LOCKHEED MARTIN CORP NOTES (CALLABLE) DTD 02/20/2015 2.900% 03/01/2025 1.29 2.88 Account 73340000 Page 18 Page 40 For the Month Ending November 30, 2021Managed Account Fair Market Value & Analytics CITY OF RANCHO CUCAMONGA - 73340000 Value On Cost Amort CostCUSIPBrokerDatePriceDated Date/Coupon/Maturity Par at Mkt Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective Duration Corporate Note (14,062.68)(42,691.20) 1,714,604.80 107.16 03/15/25SUSQ 1,600,000.00 369550BG2GENERAL DYNAMICS CORP (CALLABLE) CORP NO DTD 05/11/2018 3.500% 05/15/2025 1.37 3.14 (5,641.03)(5,680.50) 1,495,864.50 99.72 11/03/24MORGAN_ 1,500,000.00 172967ND9CITIGROUP INC CORP NOTE (CALLABLE) DTD 11/03/2021 1.281% 11/03/2025 1.35 2.88 (44,191.01)(44,025.68) 1,639,980.17 97.33 12/28/25MITSU 1,685,000.00 06406RAQ0BANK OF NY MELLON CORP (CALLABLE) CORPOR DTD 01/28/2021 0.750% 01/28/2026 1.41 4.01 (44,270.92)(44,881.80) 1,858,994.20 97.84 MERRILL 1,900,000.00 38141GXS8GOLDMAN SACHS GROUP INC CORPORATE NOTES DTD 02/12/2021 0.855% 02/12/2026 1.39 4.12 (42,718.07)(51,533.05) 1,793,328.70 107.06 MORGAN_ 1,675,000.00 459200JZ5IBM CORP DTD 05/15/2019 3.300% 05/15/2026 1.65 4.19 (31,401.88)(31,878.60) 1,652,216.65 98.64 04/28/26MORGAN_ 1,675,000.00 04636NAA1ASTRAZENECA FINANCE LLC (CALLABLE) CORP DTD 05/28/2021 1.200% 05/28/2026 1.51 4.31 (14,613.46)(14,502.02) 1,088,044.88 98.47 JPM_CHA 1,105,000.00 89236TJK2TOYOTA MOTOR CREDIT CORP CORPORATE NOTES DTD 06/18/2021 1.125% 06/18/2026 1.47 4.42 (1,626.60)(2,637.00) 1,059,683.00 105.97 SUSQ 1,000,000.00 61761J3R8MORGAN STANLEY CORP NOTES DTD 07/25/2016 3.125% 07/27/2026 1.78 4.34 (4,590.84)(5,538.00) 1,052,002.00 105.20 07/01/26SUSQ 1,000,000.00 46625HRV4JPMORGAN CHASE & CO CORP NOTES DTD 07/21/2016 2.950% 10/01/2026 1.82 4.31 (121,468.40) 1.17 (61,976.40) 37,167,228.50 36,475,000.00 Security Type Sub-Total 2.76 Certificate of Deposit - FDIC Insured 4,538.14 4,538.14 249,538.14 101.85 NEW ACC 245,000.00 949763S64WELLS FARGO BANK NA DTD 01/29/2020 1.900% 01/30/2023 0.31 1.15 4,367.37 4,367.37 249,367.37 101.78 NEW ACC 245,000.00 61760A6Q7MORGAN STANLEY PVT BANK DTD 01/30/2020 1.850% 01/30/2023 0.32 1.15 (2,033.25)(2,033.25) 242,966.75 99.17 NEW ACC 245,000.00 29278TQD5ENERBANK USA DTD 07/24/2020 0.450% 07/24/2024 0.77 2.63 Account 73340000 Page 19 Page 41 For the Month Ending November 30, 2021Managed Account Fair Market Value & Analytics CITY OF RANCHO CUCAMONGA - 73340000 Value On Cost Amort CostCUSIPBrokerDatePriceDated Date/Coupon/Maturity Par at Mkt Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective Duration Certificate of Deposit - FDIC Insured (3,600.76)(3,600.76) 241,399.24 98.53 NEW ACC 245,000.00 169894AT9CHIPPEWA VALLEY BANK DTD 07/29/2020 0.500% 07/29/2025 0.91 3.63 (3,164.42)(3,164.42) 241,835.58 98.71 NEW ACC 245,000.00 58404DHQ7MEDALLION BANK UTAH DTD 07/30/2020 0.550% 07/30/2025 0.91 3.63 107.08 0.64 107.08 1,225,107.08 1,225,000.00 Security Type Sub-Total 2.42 Asset-Backed Security (264.31)(259.14) 179,722.66 99.85 MITSU 180,000.00 58770GAC4MBALT 2021-A A3 DTD 01/27/2021 0.250% 01/16/2024 0.32 1.05 (724.58)(719.43) 279,257.27 99.73 SOCGEN 280,000.00 44891TAD8HALST 2021-A A4 DTD 01/20/2021 0.420% 12/16/2024 0.51 1.46 (2,141.79)(2,126.85) 512,795.39 99.57 RBC 515,000.00 36261RAD0GMALT 2021-1 A4 DTD 02/24/2021 0.330% 02/20/2025 0.46 1.58 (1,770.56)(1,768.77) 528,221.53 99.66 JPM_CHA 530,000.00 43813GAC5HAROT 2021-1 A3 DTD 02/24/2021 0.270% 04/21/2025 0.37 1.26 (3,004.70)(2,997.00) 536,946.19 99.43 BARCLAY 540,000.00 44933LAC7HART 2021-A A3 DTD 04/28/2021 0.380% 09/15/2025 0.53 1.62 (1,474.42)(1,463.55) 373,476.75 99.59 DEUTSCH 375,000.00 36261LAC5GMCAR 2021-1 A3 DTD 01/20/2021 0.350% 10/16/2025 0.46 1.26 (12,480.67)(12,477.88) 912,487.25 98.65 MITSU 925,000.00 50117XAE2KCOT 2021-2A A3 DTD 07/28/2021 0.560% 11/17/2025 0.91 2.46 (633.53)(629.43) 119,346.86 99.46 MITSU 120,000.00 14316NAC3CARMX 2021-1 A3 DTD 01/27/2021 0.340% 12/15/2025 0.48 1.28 64.32 65.04 744,907.99 99.99 MERRILL 745,000.00 43815GAC3HAROT 2021-4 A3 DTD 11/24/2021 0.880% 01/21/2026 0.88 2.25 (4,045.94)(4,023.76) 805,801.69 99.48 MERRILL 810,000.00 14314QAC8CARMX 2021-2 A3 DTD 04/21/2021 0.520% 02/17/2026 0.64 1.39 (11,804.00)(11,786.21) 1,517,962.11 99.21 RBC 1,530,000.00 14317DAC4CARMX 2021-3 A3 DTD 07/28/2021 0.550% 06/15/2026 0.73 2.25 625.24 625.38 1,865,368.38 100.02 BARCLAY 1,865,000.00 14041NFY2COMET 2021-A3 A3 DTD 11/30/2021 1.040% 11/16/2026 1.04 2.90 (37,561.60) 0.74 (37,654.94) 8,376,294.07 8,415,000.00 Security Type Sub-Total 2.08 Account 73340000 Page 20 Page 42 For the Month Ending November 30, 2021Managed Account Fair Market Value & Analytics CITY OF RANCHO CUCAMONGA - 73340000 Value On Cost Amort CostCUSIPBrokerDatePriceDated Date/Coupon/Maturity Par at Mkt Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective Duration 269,605,000.00 270,479,494.02 (4,006,558.41)(2,384,729.20) 0.76 Managed Account Sub-Total 2.51 Total Investments $271,078,971.64 $599,477.62 $270,479,494.02 Accrued Interest Securities Sub-Total $269,605,000.00 ($4,006,558.41)($2,384,729.20) 0.76% 2.51 Account 73340000 Page 21 Page 43 For the Month Ending November 30, 2021Managed Account Security Transactions & Interest CITY OF RANCHO CUCAMONGA - 73340000 Transaction Type Trade CUSIPSecurity DescriptionSettle Par Proceeds Principal Accrued Interest Total Cost Realized G/L Realized G/L Sale Amort Cost Method BUY 11/03/21 US TREASURY N/B NOTES DTD 05/15/2021 0.250% 05/15/2024 91282CCC3 (1,878,921.88)(2,220.11)(1,881,141.99) 1,900,000.00 11/01/21 11/03/21 US TREASURY N/B NOTES DTD 10/31/2021 0.375% 10/31/2023 91282CDD0 (5,983,125.00)(186.46)(5,983,311.46) 6,000,000.00 11/01/21 11/03/21 CITIGROUP INC CORP NOTE (CALLABLE) DTD 11/03/2021 1.281% 11/03/2025 172967ND9 (1,501,545.00) 0.00 (1,501,545.00) 1,500,000.00 11/01/21 11/03/21 JPMORGAN CHASE & CO CORP NOTES DTD 07/21/2016 2.950% 10/01/2026 46625HRV4 (1,057,540.00)(2,622.22)(1,060,162.22) 1,000,000.00 11/01/21 11/03/21 MORGAN STANLEY CORP NOTES DTD 07/25/2016 3.125% 07/27/2026 61761J3R8 (1,062,320.00)(8,333.33)(1,070,653.33) 1,000,000.00 11/01/21 11/24/21 HAROT 2021-4 A3 DTD 11/24/2021 0.880% 01/21/2026 43815GAC3 (744,842.95) 0.00 (744,842.95) 745,000.00 11/16/21 11/18/21 US TREASURY N/B NOTES DTD 10/31/2021 1.125% 10/31/2026 91282CDG3 (397,578.13)(223.76)(397,801.89) 400,000.00 11/17/21 11/30/21 COMET 2021-A3 A3 DTD 11/30/2021 1.040% 11/16/2026 14041NFY2 (1,864,743.00) 0.00 (1,864,743.00) 1,865,000.00 11/18/21 11/23/21 AMERICAN EXPRESS CO CORP NOTES (CALLABLE DTD 07/30/2019 2.500% 07/30/2024 025816CG2 (1,786,755.00)(13,536.46)(1,800,291.46) 1,725,000.00 11/19/21 (27,122.34)(16,304,493.30)(16,277,370.96) 16,135,000.00 Transaction Type Sub-Total INTEREST 11/01/21 MONEY MARKET FUND MONEY0002 0.00 0.94 0.94 0.00 11/01/21 11/03/21 APPLE INC GLOBAL NOTES DTD 05/03/2013 2.400% 05/03/2023 037833AK6 0.00 40,680.00 40,680.00 3,390,000.00 11/03/21 11/06/21 FREDDIE MAC NOTES DTD 11/05/2020 0.250% 11/06/2023 3137EAEZ8 0.00 2,125.00 2,125.00 1,700,000.00 11/06/21 11/07/21 FANNIE MAE NOTES DTD 11/12/2020 0.500% 11/07/2025 3135G06G3 0.00 14,725.00 14,725.00 5,890,000.00 11/07/21 11/11/21 APPLE INC CORPORATE NOTES DTD 05/11/2020 0.750% 05/11/2023 037833DV9 0.00 5,400.00 5,400.00 1,440,000.00 11/11/21 11/12/21 AMAZON.COM INC CORPORATE NOTES DTD 05/12/2021 0.450% 05/12/2024 023135BW5 0.00 3,273.75 3,273.75 1,455,000.00 11/12/21 Account 73340000 Page 22 Page 44 For the Month Ending November 30, 2021Managed Account Security Transactions & Interest CITY OF RANCHO CUCAMONGA - 73340000 Transaction Type Trade CUSIPSecurity DescriptionSettle Par Proceeds Principal Accrued Interest Total Cost Realized G/L Realized G/L Sale Amort Cost Method INTEREST 11/15/21 US TREASURY N/B NOTES DTD 05/15/2021 0.250% 05/15/2024 91282CCC3 0.00 2,375.00 2,375.00 1,900,000.00 11/15/21 11/15/21 HALST 2021-A A4 DTD 01/20/2021 0.420% 12/16/2024 44891TAD8 0.00 98.00 98.00 280,000.00 11/15/21 11/15/21 CARMX 2021-3 A3 DTD 07/28/2021 0.550% 06/15/2026 14317DAC4 0.00 701.25 701.25 1,530,000.00 11/15/21 11/15/21 HART 2021-A A3 DTD 04/28/2021 0.380% 09/15/2025 44933LAC7 0.00 171.00 171.00 540,000.00 11/15/21 11/15/21 CARMX 2021-1 A3 DTD 01/27/2021 0.340% 12/15/2025 14316NAC3 0.00 34.00 34.00 120,000.00 11/15/21 11/15/21 US TREASURY NOTES DTD 11/15/2012 1.625% 11/15/2022 912828TY6 0.00 46,718.75 46,718.75 5,750,000.00 11/15/21 11/15/21 IBM CORP DTD 05/15/2019 3.300% 05/15/2026 459200JZ5 0.00 27,637.50 27,637.50 1,675,000.00 11/15/21 11/15/21 KCOT 2021-2A A3 DTD 07/28/2021 0.560% 11/17/2025 50117XAE2 0.00 431.67 431.67 925,000.00 11/15/21 11/15/21 CARMX 2021-2 A3 DTD 04/21/2021 0.520% 02/17/2026 14314QAC8 0.00 351.00 351.00 810,000.00 11/15/21 11/15/21 GENERAL DYNAMICS CORP (CALLABLE) CORP NO DTD 05/11/2018 3.500% 05/15/2025 369550BG2 0.00 28,000.00 28,000.00 1,600,000.00 11/15/21 11/15/21 MBALT 2021-A A3 DTD 01/27/2021 0.250% 01/16/2024 58770GAC4 0.00 37.50 37.50 180,000.00 11/15/21 11/16/21 GMCAR 2021-1 A3 DTD 01/20/2021 0.350% 10/16/2025 36261LAC5 0.00 109.38 109.38 375,000.00 11/16/21 11/17/21 INTL BK OF RECON AND DEV NOTE DTD 04/20/2021 0.126% 04/20/2023 459058JV6 0.00 8.72 8.72 0.00 11/17/21 11/20/21 GMALT 2021-1 A4 DTD 02/24/2021 0.330% 02/20/2025 36261RAD0 0.00 141.63 141.63 515,000.00 11/20/21 11/21/21 HAROT 2021-1 A3 DTD 02/24/2021 0.270% 04/21/2025 43813GAC5 0.00 119.25 119.25 530,000.00 11/21/21 11/24/21 ENERBANK USA DTD 07/24/2020 0.450% 07/24/2024 29278TQD5 0.00 93.64 93.64 245,000.00 11/24/21 Account 73340000 Page 23 Page 45 For the Month Ending November 30, 2021Managed Account Security Transactions & Interest CITY OF RANCHO CUCAMONGA - 73340000 Transaction Type Trade CUSIPSecurity DescriptionSettle Par Proceeds Principal Accrued Interest Total Cost Realized G/L Realized G/L Sale Amort Cost Method INTEREST 11/24/21 INTL BK RECON & DEVELOP NOTES DTD 11/24/2020 0.250% 11/24/2023 459058JM6 0.00 1,762.50 1,762.50 1,410,000.00 11/24/21 11/27/21 FANNIE MAE NOTES DTD 11/25/2020 0.250% 11/27/2023 3135G06H1 0.00 5,500.00 5,500.00 4,400,000.00 11/27/21 11/28/21 ASTRAZENECA FINANCE LLC (CALLABLE) CORP DTD 05/28/2021 1.200% 05/28/2026 04636NAA1 0.00 10,050.00 10,050.00 1,675,000.00 11/28/21 11/29/21 CHIPPEWA VALLEY BANK DTD 07/29/2020 0.500% 07/29/2025 169894AT9 0.00 104.04 104.04 245,000.00 11/29/21 11/29/21 WELLS FARGO BANK NA DTD 01/29/2020 1.900% 01/30/2023 949763S64 0.00 395.36 395.36 245,000.00 11/29/21 11/30/21 US TREASURY NOTES DTD 11/30/2019 1.500% 11/30/2024 912828YV6 0.00 37,500.00 37,500.00 5,000,000.00 11/30/21 11/30/21 US TREASURY N/B NOTES DTD 05/31/2021 0.750% 05/31/2026 91282CCF6 0.00 22,875.00 22,875.00 6,100,000.00 11/30/21 11/30/21 MEDALLION BANK UTAH DTD 07/30/2020 0.550% 07/30/2025 58404DHQ7 0.00 114.45 114.45 245,000.00 11/30/21 11/30/21 US TREASURY NOTES DTD 05/31/2016 1.625% 05/31/2023 912828R69 0.00 28,437.50 28,437.50 3,500,000.00 11/30/21 11/30/21 US TREASURY NOTES DTD 11/30/2015 2.000% 11/30/2022 912828M80 0.00 84,000.00 84,000.00 8,400,000.00 11/30/21 363,971.83 363,971.83 0.00 62,070,000.00 Transaction Type Sub-Total SELL 11/03/21 INTL BANK OF RECONSTRUCTION AND DEV NOTE DTD 01/26/2017 2.000% 01/26/2022 459058FY4 2,008,600.00 10,777.78 2,019,377.78 3,920.00 8,361.02 FIFO 2,000,000.00 11/01/21 11/03/21 US TREASURY NOTES DTD 07/31/2015 2.000% 07/31/2022 912828XQ8 2,976,388.09 15,153.53 2,991,541.62 (59,387.89) 837.40 FIFO 2,935,000.00 11/01/21 11/03/21 US TREASURY NOTES DTD 10/15/2019 1.375% 10/15/2022 912828YK0 2,023,437.50 1,435.44 2,024,872.94 (27,187.50)(11.30)FIFO 2,000,000.00 11/01/21 11/03/21 US TREASURY NOTES DTD 06/30/2020 0.125% 06/30/2022 912828ZX1 4,501,406.25 1,925.95 4,503,332.20 2,285.16 1,734.47 FIFO 4,500,000.00 11/01/21 Account 73340000 Page 24 Page 46 For the Month Ending November 30, 2021Managed Account Security Transactions & Interest CITY OF RANCHO CUCAMONGA - 73340000 Transaction Type Trade CUSIPSecurity DescriptionSettle Par Proceeds Principal Accrued Interest Total Cost Realized G/L Realized G/L Sale Amort Cost Method SELL 11/19/21 US TREASURY NOTES DTD 10/15/2019 1.375% 10/15/2022 912828YK0 753,206.64 984.98 754,191.62 (10,651.17)(124.12)FIFO 745,000.00 11/16/21 11/23/21 US TREASURY NOTES DTD 10/15/2019 1.375% 10/15/2022 912828YK0 1,066,621.48 1,554.24 1,068,175.72 (15,083.21)(32.78)FIFO 1,055,000.00 11/19/21 31,831.92 10,764.69 (106,104.61) 13,361,491.88 13,329,659.96 13,235,000.00 Transaction Type Sub-Total (2,947,711.00) 368,681.41 (2,579,029.59)(106,104.61) 10,764.69 Managed Account Sub-Total Total Security Transactions ($106,104.61)($2,579,029.59)$368,681.41 ($2,947,711.00)$10,764.69 Account 73340000 Page 25 Page 47 Trustee and/orPurchase Maturity CostBond Issue/DescriptionPaying AgentAccount NameTrust Account #FundInvestmentDateDate*YieldValueCFD 2003-01 Improvement Area 1 (2013) Wells Fargo Reserve Fund 46571801 865 Money Market Fund 9/1/2013 N/A 0.01% 1,417,028.87$ Agency Project 46571807 614 Money Market Fund 9/1/2013 N/A 0.01% 77,813.36$ Cultural Center Fund 46571808 615 Money Market Fund 9/1/2013 N/A 0.01% 191,848.11$ Bond Fund 46571800 864 Money Market Fund 9/1/2013 N/A 0.01% 4.51$ Developer Project 46571806 614 Money Market Fund 9/1/2013 N/A 0.01% 98,094.59$ Special Tax 46571805 864 Money Market Fund 9/1/2013 N/A 0.01% 77.15$ 1,784,866.59$ CFD 2003-01 Improvement Area 2 (2013) Wells Fargo Bond Fund 46659800 866 Money Market Fund 12/1/2013 N/A 0.01% 0.85$ Reserve Fund 46659801 867 Money Market Fund 12/1/2013 N/A 0.01% 132,476.41$ Special Tax Fund 46659805 866 Money Market Fund 12/1/2013 N/A 0.01% 7.23$ 132,484.49$ CFD No 2004-01 Rancho Etiwanda Series Wells Fargo Admin Expense Fund 48436802 Money Market Fund N/A 0.01% -$ Bond Fund 48436800 820 Money Market Fund N/A 0.01% 9.88Reserve Fund 48436801 821 Money Market Fund N/A 0.01% 1,187,390.11Special Tax Fund 48436807 820 Money Market Fund N/A 64.73Project Fund 48436809 617 Money Market Fund N/A 44,981.861,232,446.58$ 2014 Rancho Summit Wells Fargo Cost of Issuance Fund 48709906 Money Market Fund N/A -$ Bond Fund 48709900 858 Money Market Fund N/A 3.25 Reserve Fund 48709901 859 Money Market Fund N/A 260,758.78 Sepcial Tax Fund 48709907 858 Money Market Fund N/A 14.19 Rebate Fund 48709908 Money Market Fund N/A - Redemption Fund 48709903 Money Market Fund N/A - Prepayment Fund 48709904 Money Market Fund N/A - 260,776.22$ 2019 Lease Revenue Bonds Wells Fargo Bond Fund 82631600 711 Money Market Fund 2/28/2019 N/A 1.16$ Interest 82631601 711 Money Market Fund 2/28/2019 N/A - Principal 82631602 711 Money Market Fund 2/28/2019 N/A 1.71 Acquisition and Construciton - Series A 82631605 711 Money Market Fund 2/28/2019 N/A 7,633,054.68 Acquisition and Construciton - Series B 82631606 711 Money Market Fund 2/28/2019 N/A 2,294,284.03 Cost of Issuance 82631607 711 Money Market Fund 2/28/2019 N/A - 9,927,341.58$ CFD No. 2000-01 South Etiwanda Union Bank Rancho Cucamonga 2015 CFD2000-1 AGY 6712140200 7/30/2015 N/A -$ Special Tax Fund 6712140201 Money Market Fund 7/30/2015 N/A 10,652.50 Bond Fund 6712140202 852 Money Market Fund 7/30/2015 N/A 0.10 Prepayment Fund 6712140203 Money Market Fund 7/30/2015 N/A - Reserve Fund 6712140204 853 Money Market Fund 7/30/2015 N/A 0.00% 12,100.19 22,752.79$ City of Rancho Cucamonga Summary of Cash and Investments with Fiscal AgentsFor the Month Ended11/30/2021\\RCV00117\Departments\FINANCE\KATHERINE\Fiscal Agent Stmts\FY 2021-22\11-2021\November 2021 Fiscal Agent Statements Workbook.xlsx Summary ReportPage 1&nbsp;&nbsp;Page 48 Trustee and/orPurchase Maturity CostBond Issue/DescriptionPaying AgentAccount NameTrust Account #FundInvestmentDateDate*YieldValueCity of Rancho Cucamonga Summary of Cash and Investments with Fiscal AgentsFor the Month Ended11/30/2021CFD No. 2000-02 Rancho Cucamonga Corporate Park Union Bank Rancho Cucamonga 2015 CFD2000-2 AGY 6712140300 Money Market Fund 7/30/2015 N/A -$ Special Tax Fund 6712140301 Money Market Fund 7/30/2015 N/A 91,570.73$ Bond Fund 6712140302 856 Money Market Fund 7/30/2015 N/A 0.96$ Prepayment Fund 6712140303 Money Market Fund 7/30/2015 N/A -$ Reserve Fund 6712140304 857 Money Market Fund 7/30/2015 N/A 0.00% 117,351.83 208,923.52$ CFD No. 2001-01 IA 1&2, Series A Union Bank Rancho Cucamonga 2015 CFD2001-1 AGY 6712140400 Money Market Fund 7/30/2015 N/A -$ Special Tax Fund 6712140401 Money Market Fund 7/30/2015 N/A 186,191.58 Bond Fund 6712140402 860 Money Market Fund 7/30/2015 N/A 1.06 Prepayment Fund 6712140403 Money Market Fund 7/30/2015 N/A - Reserve Fund 6712140404 861 Money Market Fund 7/30/2015 N/A 0.00% 117,352.16 303,544.80$ CFD No. 2001-01 IA3, Series B Union Bank Rancho Cucamonga 2015 CFD2001-1 AGY 6712140500 Money Market Fund 7/30/2015 N/A -$ Special Tax Fund 6712140501 Money Market Fund 7/30/2015 N/A 3,223.11 Bond Fund 6712140502 862 Money Market Fund 7/30/2015 N/A 0.10 Prepayment Fund 6712140503 Money Market Fund 7/30/2015 N/A - Reserve Fund 6712140504 863 Money Market Fund 7/30/2015 N/A 0.00% 26,250.34 29,473.55$ CFD No. 2006-01 Vintner's Grove Union Bank Rancho Cucamonga 2015 CFD2006-1 AGY 6712140600 Money Market Fund 7/30/2015 N/A -$ Special Tax Fund 6712140601 Money Market Fund 7/30/2015 N/A 304.45 Bond Fund 6712140602 869 Money Market Fund 7/30/2015 N/A 0.41 Prepayment Fund 6712140603 Money Market Fund 7/30/2015 N/A - Reserve Fund 6712140604 870 Money Market Fund 7/30/2015 N/A 0.00% 130,468.48 130,773.34$ CFD No. 2006-02 Amador on Rt. 66 Union Bank Rancho Cucamonga 2015 CFD2006-2 AGY 6712140700 Money Market Fund 7/30/2015 N/A -$ Special Tax Fund 6712140701 Money Market Fund 7/30/2015 N/A 1,190.57 Bond Fund 6712140702 871 Money Market Fund 7/30/2015 N/A 0.25 Prepayment Fund 6712140703 Money Market Fund 7/30/2015 N/A - Reserve Fund 6712140704 872 Money Market Fund 7/30/2015 N/A 0.00% 78,282.61 79,473.43$ 14,112,856.89 TOTAL CASH AND INVESTMENTS WITH FISCAL AGENTS14,112,856.89$ * Note: These investments are money market accounts which have no stated maturity date as they may be liquidated upon demand.\\RCV00117\Departments\FINANCE\KATHERINE\Fiscal Agent Stmts\FY 2021-22\11-2021\November 2021 Fiscal Agent Statements Workbook.xlsx Summary ReportPage 2&nbsp;&nbsp;Page 49 Page 50 For the Month Ending November 30, 2021 Account Statement Consolidated Summary Statement RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Investment Allocation Investment Type Closing Market Value Percent 250,026.91 0.38 Asset-Backed Security 2,149,908.31 3.28 Corporate Note 484,802.33 0.74 Certificate of Deposit - FDIC Insured 794,771.04 1.21 Commercial Paper 2,721,869.55 4.15 Supra-National Agency Bond / Note 21,502,843.20 32.79 U.S. Treasury Bond / Note 36,651,018.92 55.88 Local Agency Investment Fund 1,031,524.88 1.57 Passbook/Checking Accounts $65,586,765.14 Total 100.00% Portfolio Summary and Income Closing Market ValuePortfolio Holdings Cash Dividends PFM Managed Account 95,258.05 27,904,221.34 Local Agency Investment Fund 0.00 36,651,018.92 Passbook/Checking Accounts 0.00 1,031,524.88 $95,258.05 $65,586,765.14 Total Maturity Distribution (Fixed Income Holdings) Portfolio Holdings Closing Market Value Percent 37,682,543.80 794,771.04 0.00 0.00 2,362,043.75 7,316,235.96 5,156,212.62 4,205,898.18 8,069,059.79 0.00 57.46 1.21 0.00 0.00 3.60 11.16 7.86 6.41 12.30 0.00 Under 30 days 31 to 60 days 61 to 90 days 91 to 180 days 181 days to 1 year 1 to 2 years 2 to 3 years 3 to 4 years 4 to 5 years Over 5 years Total $65,586,765.14 433 100.00% Weighted Average Days to Maturity Sector Allocation 0.38% ABS 3.28% Corporate Note 0.74% Cert of Deposit - FDIC 1.21% Commercial Paper 4.15% Supra-National Agency Bond / Note 32.79% US TSY Bond / Note 55.88% Local Agency Investment Fund 1.57% Passbook/Checking Accounts Summary Page 1 Page 51 For the Month Ending November 30, 2021Managed Account Summary Statement CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - 73340100 Total Cash Basis Earnings Plus Net Realized Gains/Losses Less Purchased Interest Related to Interest/Coupons Interest/Dividends/Coupons Received Earnings Reconciliation (Cash Basis) - Managed Account Less Beginning Accrued Interest Less Beginning Amortized Value of Securities Less Cost of New Purchases Plus Coupons/Dividends Received Plus Proceeds of Maturities/Calls/Principal Payments Plus Proceeds from Sales Ending Accrued Interest Ending Amortized Value of Securities Earnings Reconciliation (Accrual Basis) $24,697,048.13 0.00 (1,429,072.35) 4,674,112.47 0.00 (37,866.91) $27,904,221.34 106,913.52 (4,489.01) (7,166.46) $95,258.05 Total 28,153,398.67 21,808.92 1,431,553.09 0.00 104,432.78 (4,678,601.48) (24,927,578.80) (100,661.29) Total Accrual Basis Earnings $4,351.89 Closing Market Value Change in Current Value Unsettled Trades Principal Acquisitions Principal Dispositions Maturities/Calls Opening Market Value Transaction Summary - Managed Account _________________ _________________ ______________________________________________________________________________________________Reconciling Transactions Net Cash Contribution Security Purchases Principal Payments Coupon/Interest/Dividend Income Sale Proceeds Maturities/Calls Cash Transactions Summary - Managed Account 0.00 1,431,553.09 104,432.78 0.00 (4,678,601.48) 3,250,000.00 0.00 Cash Balance $158,028.02 Closing Cash Balance Account 73340100 Page 1 Page 52 For the Month Ending November 30, 2021Portfolio Summary and Statistics CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - 73340100 Account Summary Percent Par Value Market ValueDescription U.S. Treasury Bond / Note 21,375,000.00 21,502,843.20 77.06 Supra-National Agency Bond / Note 2,810,000.00 2,721,869.55 9.75 Corporate Note 2,065,000.00 2,149,908.31 7.70 Commercial Paper 795,000.00 794,771.04 2.85 Certificate of Deposit - FDIC Insured 490,000.00 484,802.33 1.74 Asset-Backed Security 250,000.00 250,026.91 0.90 Managed Account Sub-Total 27,785,000.00 27,904,221.34 100.00% Accrued Interest 21,808.92 Total Portfolio 27,785,000.00 27,926,030.26 Unsettled Trades 0.00 0.00 Sector Allocation 0.90% ABS 1.74% Cert of Deposit - FDIC 2.85% Commercial Paper 7.70% Corporate Note 9.75% Supra-National Agency Bond / Note 77.06% US TSY Bond / Note 0 - 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years Over 5 Years 2.85% 8.46% 26.22% 18.48% 15.07% 28.92% 0.00% Maturity Distribution Characteristics Yield to Maturity at Cost Yield to Maturity at Market Weighted Average Days to Maturity 1016 0.52% 0.82% Account 73340100 Page 2 Page 53 For the Month Ending November 30, 2021Managed Account Issuer Summary CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - 73340100 Credit Quality (S&P Ratings) 0.39% A+ 3.04% A- 2.85% A-1 1.33% AA 77.05% AA+ 10.40% AAA 2.95% BBB+ 1.99% NR Issuer Summary Percentof HoldingsIssuer Market Value 370,227.00 1.33 AMAZON.COM INC 284,007.35 1.02 AMERICAN EXPRESS CO 147,959.70 0.53 ASTRAZENECA PLC 177,701.70 0.64 BANK OF AMERICA CO 180,035.55 0.65 CAPITAL ONE FINANCIAL CORP 181,767.57 0.65 CITIGROUP INC 242,966.75 0.87 ENERBANK USA 178,144.56 0.64 GOLDMAN SACHS GROUP INC 69,991.36 0.25 HONDA AUTO RECEIVABLES 160,596.60 0.58 IBM CORP 360,601.02 1.29 INTER-AMERICAN DEVELOPMENT BANK 2,361,268.53 8.45 INTL BANK OF RECONSTRUCTION AND DEV 362,442.38 1.30 JP MORGAN CHASE & CO 794,771.04 2.85 LMA AMERICAS LLC 241,835.58 0.87 MEDALLION BANK UTAH 178,749.29 0.64 MORGAN STANLEY 108,312.16 0.39 TOYOTA MOTOR CORP 21,502,843.20 77.05 UNITED STATES TREASURY $27,904,221.34 Total 100.00% Account 73340100 Page 3 Page 54 For the Month Ending November 30, 2021Managed Account Detail of Securities Held CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - 73340100 Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTradeSettle Par U.S. Treasury Bond / Note US TREASURY NOTES DTD 11/30/2020 0.125% 11/30/2022 2,362,043.75 2,365,304.04 8.12 2,365,461.91 05/26/2105/25/21AaaAA+ 2,365,000.00 91282CAX9 0.11 US TREASURY NOTES DTD 05/31/2018 2.750% 05/31/2023 2,374,966.52 2,383,839.04 173.39 2,414,591.02 05/26/2105/25/21AaaAA+ 2,295,000.00 9128284S6 0.16 US TREASURY N/B NOTES DTD 07/31/2021 0.125% 07/31/2023 994,531.20 998,618.78 417.80 998,359.38 08/09/2108/06/21AaaAA+ 1,000,000.00 91282CCN9 0.21 US TREASURY N/B NOTES DTD 08/31/2021 0.125% 08/31/2023 790,155.43 793,855.37 252.56 793,695.70 09/03/2109/02/21AaaAA+ 795,000.00 91282CCU3 0.21 US TREASURY N/B NOTES DTD 10/31/2021 0.375% 10/31/2023 792,764.06 792,850.18 255.30 792,764.06 11/03/2111/01/21AaaAA+ 795,000.00 91282CDD0 0.52 US TREASURY NOTES DTD 11/30/2018 2.875% 11/30/2023 2,363,818.75 2,379,390.01 178.50 2,410,342.97 05/26/2105/25/21AaaAA+ 2,260,000.00 9128285P1 0.22 US TREASURY NOTES DTD 01/15/2021 0.125% 01/15/2024 989,687.50 989,665.54 472.15 989,492.19 11/18/2111/17/21AaaAA+ 1,000,000.00 91282CBE0 0.62 US TREASURY N/B NOTES DTD 05/15/2021 0.250% 05/15/2024 1,952,781.25 1,971,878.23 218.23 1,971,219.73 05/26/2105/25/21AaaAA+ 1,975,000.00 91282CCC3 0.31 US TREASURY N/B NOTES DTD 06/15/2021 0.250% 06/15/2024 335,856.25 339,111.41 392.49 338,990.63 07/28/2107/26/21AaaAA+ 340,000.00 91282CCG4 0.35 US TREASURY N/B NOTES DTD 07/15/2021 0.375% 07/15/2024 990,312.50 989,941.33 1,416.44 989,804.69 11/18/2111/17/21AaaAA+ 1,000,000.00 91282CCL3 0.76 US TREASURY NOTES DTD 11/30/2019 1.500% 11/30/2024 2,038,437.60 2,062,960.91 82.42 2,073,828.13 05/26/2105/25/21AaaAA+ 2,000,000.00 912828YV6 0.44 US TREASURY NOTES DTD 05/31/2020 0.250% 05/31/2025 1,925,625.00 1,953,159.26 13.56 1,949,926.76 05/26/2105/25/21AaaAA+ 1,975,000.00 912828ZT0 0.57 US TREASURY NOTES DTD 01/31/2021 0.375% 01/31/2026 485,468.75 493,301.84 626.70 492,910.16 09/03/2109/01/21AaaAA+ 500,000.00 91282CBH3 0.70 US TREASURY N/B NOTES DTD 04/30/2021 0.750% 04/30/2026 688,953.16 698,800.18 449.59 698,660.16 05/27/2105/25/21AaaAA+ 700,000.00 91282CBW0 0.79 Account 73340100 Page 4 Page 55 For the Month Ending November 30, 2021Managed Account Detail of Securities Held CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - 73340100 Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTradeSettle Par U.S. Treasury Bond / Note US TREASURY NOTES DTD 05/31/2019 2.125% 05/31/2026 1,044,375.00 1,063,015.99 58.38 1,067,851.56 07/28/2107/26/21AaaAA+ 1,000,000.00 9128286X3 0.70 US TREASURY N/B NOTES DTD 10/31/2021 1.125% 10/31/2026 374,472.68 373,326.88 361.27 373,300.78 11/03/2111/01/21AaaAA+ 375,000.00 91282CDG3 1.22 US TREASURY N/B NOTES DTD 10/31/2021 1.125% 10/31/2026 998,593.80 993,988.84 963.40 993,945.31 11/18/2111/17/21AaaAA+ 1,000,000.00 91282CDG3 1.25 6,340.30 21,502,843.20 21,643,007.83 0.43 21,715,145.14 21,375,000.00 Security Type Sub-Total Supra-National Agency Bond / Note INTER-AMERICAN DEVEL BK NOTES DTD 09/23/2021 0.500% 09/23/2024 360,601.02 364,746.90 344.72 364,729.90 09/23/2109/15/21AaaAAA 365,000.00 4581X0DZ8 0.52 INTL BK RECON & DEVELOP NOTES (CALLABLE) DTD 02/10/2021 0.650% 02/10/2026 2,361,268.53 2,425,389.82 4,900.19 2,422,970.55 05/26/2105/25/21AaaAAA 2,445,000.00 459058JS3 0.85 5,244.91 2,721,869.55 2,790,136.72 0.80 2,787,700.45 2,810,000.00 Security Type Sub-Total Corporate Note AMERICAN EXPRESS CO CORP NOTES (CALLABLE DTD 07/30/2019 2.500% 07/30/2024 284,007.35 284,762.09 2,310.76 284,845.00 11/23/2111/19/21A3BBB+ 275,000.00 025816CG2 1.14 MORGAN STANLEY CORPORATE NOTES DTD 01/27/2016 3.875% 01/27/2026 178,749.29 182,826.53 2,202.29 185,034.30 05/27/2105/25/21A1BBB+ 165,000.00 61746BDZ6 1.19 GOLDMAN SACHS GROUP INC CORP NOTES (CALL DTD 02/25/2016 3.750% 02/25/2026 178,144.56 181,445.80 1,650.00 183,570.75 05/27/2105/25/21A2BBB+ 165,000.00 38143U8H7 1.30 JP MORGAN CORP (CALLABLE) NOTES DTD 03/23/2016 3.300% 04/01/2026 362,442.38 369,826.86 1,870.00 373,585.20 05/27/2105/25/21A2A- 340,000.00 46625HQW3 1.20 BANK OF AMERICA CORP NOTES DTD 04/19/2016 3.500% 04/19/2026 177,701.70 181,020.13 673.75 182,902.50 05/27/2105/25/21A2A- 165,000.00 06051GFX2 1.21 Account 73340100 Page 5 Page 56 For the Month Ending November 30, 2021Managed Account Detail of Securities Held CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - 73340100 Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTradeSettle Par Corporate Note CITIGROUP CORP NOTES DTD 05/02/2016 3.400% 05/01/2026 181,767.57 185,326.45 481.67 187,113.90 05/27/2105/25/21A3BBB+ 170,000.00 172967KN0 1.29 AMAZON.COM INC CORPORATE NOTES DTD 05/12/2021 1.000% 05/12/2026 370,227.00 375,319.27 197.92 375,356.25 05/27/2105/25/21A1AA 375,000.00 023135BX3 0.98 IBM CORP DTD 05/15/2019 3.300% 05/15/2026 160,596.60 164,422.10 220.00 165,211.50 09/03/2109/01/21A3A- 150,000.00 459200JZ5 1.08 ASTRAZENECA FINANCE LLC (CALLABLE) CORP DTD 05/28/2021 1.200% 05/28/2026 147,959.70 150,771.81 15.00 150,814.50 09/03/2109/01/21A3A- 150,000.00 04636NAA1 1.08 TOYOTA MOTOR CREDIT CORP CORPORATE NOTES DTD 06/18/2021 1.125% 06/18/2026 108,312.16 109,766.89 560.31 109,755.80 09/13/2109/08/21A1A+ 110,000.00 89236TJK2 1.17 10,181.70 2,149,908.31 2,185,487.93 1.15 2,198,189.70 2,065,000.00 Security Type Sub-Total Commercial Paper LMA AMERICAS LLC COMM PAPER DTD 05/25/2021 0.000% 01/25/2022 794,771.04 794,805.67 0.00 794,137.87 05/26/2105/25/21P-1A-1 795,000.00 53944RAR9 0.16 0.00 794,771.04 794,805.67 0.16 794,137.87 795,000.00 Security Type Sub-Total Certificate of Deposit - FDIC Insured ENERBANK USA DTD 07/24/2020 0.450% 07/24/2024 242,966.75 245,000.00 21.14 245,000.00 07/24/2007/24/20NRNR 245,000.00 29278TQD5 0.45 MEDALLION BANK UTAH DTD 07/30/2020 0.550% 07/30/2025 241,835.58 245,000.00 3.69 245,000.00 07/30/2007/30/20NRNR 245,000.00 58404DHQ7 0.55 24.83 484,802.33 490,000.00 0.50 490,000.00 490,000.00 Security Type Sub-Total Asset-Backed Security HAROT 2021-4 A3 DTD 11/24/2021 0.880% 01/21/2026 69,991.36 69,985.31 11.98 69,985.24 11/24/2111/16/21AaaNR 70,000.00 43815GAC3 0.89 Account 73340100 Page 6 Page 57 For the Month Ending November 30, 2021Managed Account Detail of Securities Held CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - 73340100 Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTradeSettle Par Asset-Backed Security COMET 2021-A3 A3 DTD 11/30/2021 1.040% 11/16/2026 180,035.55 179,975.21 5.20 179,975.20 11/30/2111/18/21NRAAA 180,000.00 14041NFY2 1.04 17.18 250,026.91 249,960.52 1.00 249,960.44 250,000.00 Security Type Sub-Total 27,785,000.00 28,235,133.60 0.52 21,808.92 28,153,398.67 27,904,221.34 Managed Account Sub-Total $27,785,000.00 $28,235,133.60 $21,808.92 $28,153,398.67 $27,904,221.34 0.52% $27,926,030.26 $21,808.92 Total Investments Accrued Interest Securities Sub-Total Account 73340100 Page 7 Page 58 For the Month Ending November 30, 2021Managed Account Fair Market Value & Analytics CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - 73340100 Value On Cost Amort CostCUSIPBrokerDatePriceDated Date/Coupon/Maturity Par at Mkt Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective Duration U.S. Treasury Bond / Note (3,260.29)(3,418.16) 2,362,043.75 99.88 HSBC 2,365,000.00 91282CAX9US TREASURY NOTES DTD 11/30/2020 0.125% 11/30/2022 0.25 1.00 (8,872.52)(39,624.50) 2,374,966.52 103.48 HSBC 2,295,000.00 9128284S6US TREASURY NOTES DTD 05/31/2018 2.750% 05/31/2023 0.42 1.48 (4,087.58)(3,828.18) 994,531.20 99.45 MERRILL 1,000,000.00 91282CCN9US TREASURY N/B NOTES DTD 07/31/2021 0.125% 07/31/2023 0.45 1.67 (3,699.94)(3,540.27) 790,155.43 99.39 CITIGRP 795,000.00 91282CCU3US TREASURY N/B NOTES DTD 08/31/2021 0.125% 08/31/2023 0.48 1.75 (86.12) 0.00 792,764.06 99.72 CITIGRP 795,000.00 91282CDD0US TREASURY N/B NOTES DTD 10/31/2021 0.375% 10/31/2023 0.52 1.91 (15,571.26)(46,524.22) 2,363,818.75 104.59 CITIGRP 2,260,000.00 9128285P1US TREASURY NOTES DTD 11/30/2018 2.875% 11/30/2023 0.56 1.96 21.96 195.31 989,687.50 98.97 JPM_CHA 1,000,000.00 91282CBE0US TREASURY NOTES DTD 01/15/2021 0.125% 01/15/2024 0.61 2.12 (19,096.98)(18,438.48) 1,952,781.25 98.88 BARCLAY 1,975,000.00 91282CCC3US TREASURY N/B NOTES DTD 05/15/2021 0.250% 05/15/2024 0.71 2.45 (3,255.16)(3,134.38) 335,856.25 98.78 MERRILL 340,000.00 91282CCG4US TREASURY N/B NOTES DTD 06/15/2021 0.250% 06/15/2024 0.73 2.53 371.17 507.81 990,312.50 99.03 JPM_CHA 1,000,000.00 91282CCL3US TREASURY N/B NOTES DTD 07/15/2021 0.375% 07/15/2024 0.75 2.61 (24,523.31)(35,390.53) 2,038,437.60 101.92 GOLDMAN 2,000,000.00 912828YV6US TREASURY NOTES DTD 11/30/2019 1.500% 11/30/2024 0.85 2.95 (27,534.26)(24,301.76) 1,925,625.00 97.50 WELLS_F 1,975,000.00 912828ZT0US TREASURY NOTES DTD 05/31/2020 0.250% 05/31/2025 0.98 3.49 (7,833.09)(7,441.41) 485,468.75 97.09 NOMURA 500,000.00 91282CBH3US TREASURY NOTES DTD 01/31/2021 0.375% 01/31/2026 1.09 4.13 (9,847.02)(9,707.00) 688,953.16 98.42 BNP_PAR 700,000.00 91282CBW0US TREASURY N/B NOTES DTD 04/30/2021 0.750% 04/30/2026 1.12 4.35 (18,640.99)(23,476.56) 1,044,375.00 104.44 CITIGRP 1,000,000.00 9128286X3US TREASURY NOTES DTD 05/31/2019 2.125% 05/31/2026 1.11 4.32 1,145.80 1,171.90 374,472.68 99.86 MORGAN_ 375,000.00 91282CDG3US TREASURY N/B NOTES DTD 10/31/2021 1.125% 10/31/2026 1.15 4.79 4,604.96 4,648.49 998,593.80 99.86 CITIGRP 1,000,000.00 91282CDG3US TREASURY N/B NOTES DTD 10/31/2021 1.125% 10/31/2026 1.15 4.79 Account 73340100 Page 8 Page 59 For the Month Ending November 30, 2021Managed Account Fair Market Value & Analytics CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - 73340100 Value On Cost Amort CostCUSIPBrokerDatePriceDated Date/Coupon/Maturity Par at Mkt Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective Duration (212,301.94) 0.69 (140,164.63) 21,502,843.20 21,375,000.00 Security Type Sub-Total 2.52 Supra-National Agency Bond / Note (4,145.88)(4,128.88) 360,601.02 98.79 JPM_CHA 365,000.00 4581X0DZ8INTER-AMERICAN DEVEL BK NOTES DTD 09/23/2021 0.500% 09/23/2024 0.93 2.80 (64,121.29)(61,702.02) 2,361,268.53 96.58 02/10/22KEYBANC 2,445,000.00 459058JS3INTL BK RECON & DEVELOP NOTES (CALLABLE) DTD 02/10/2021 0.650% 02/10/2026 1.50 0.21 (65,830.90) 1.42 (68,267.17) 2,721,869.55 2,810,000.00 Security Type Sub-Total 0.55 Corporate Note (754.74)(837.65) 284,007.35 103.28 06/30/24MORGAN_ 275,000.00 025816CG2AMERICAN EXPRESS CO CORP NOTES (CALLABLE DTD 07/30/2019 2.500% 07/30/2024 1.25 2.50 (4,077.24)(6,285.01) 178,749.29 108.33 BNP_PAR 165,000.00 61746BDZ6MORGAN STANLEY CORPORATE NOTES DTD 01/27/2016 3.875% 01/27/2026 1.79 3.85 (3,301.24)(5,426.19) 178,144.56 107.97 11/25/25JPM_CHA 165,000.00 38143U8H7GOLDMAN SACHS GROUP INC CORP NOTES (CALL DTD 02/25/2016 3.750% 02/25/2026 1.79 3.72 (7,384.48)(11,142.82) 362,442.38 106.60 01/01/26JSEB 340,000.00 46625HQW3JP MORGAN CORP (CALLABLE) NOTES DTD 03/23/2016 3.300% 04/01/2026 1.71 3.85 (3,318.43)(5,200.80) 177,701.70 107.70 FIFTH_3 165,000.00 06051GFX2BANK OF AMERICA CORP NOTES DTD 04/19/2016 3.500% 04/19/2026 1.67 4.10 (3,558.88)(5,346.33) 181,767.57 106.92 JPM_CHA 170,000.00 172967KN0CITIGROUP CORP NOTES DTD 05/02/2016 3.400% 05/01/2026 1.76 4.14 (5,092.27)(5,129.25) 370,227.00 98.73 UBS 375,000.00 023135BX3AMAZON.COM INC CORPORATE NOTES DTD 05/12/2021 1.000% 05/12/2026 1.30 4.36 (3,825.50)(4,614.90) 160,596.60 107.06 MORGAN_ 150,000.00 459200JZ5IBM CORP DTD 05/15/2019 3.300% 05/15/2026 1.65 4.19 (2,812.11)(2,854.80) 147,959.70 98.64 04/28/26MORGAN_ 150,000.00 04636NAA1ASTRAZENECA FINANCE LLC (CALLABLE) CORP DTD 05/28/2021 1.200% 05/28/2026 1.51 4.31 Account 73340100 Page 9 Page 60 For the Month Ending November 30, 2021Managed Account Fair Market Value & Analytics CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - 73340100 Value On Cost Amort CostCUSIPBrokerDatePriceDated Date/Coupon/Maturity Par at Mkt Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective Duration Corporate Note (1,454.73)(1,443.64) 108,312.16 98.47 JPM_CHA 110,000.00 89236TJK2TOYOTA MOTOR CREDIT CORP CORPORATE NOTES DTD 06/18/2021 1.125% 06/18/2026 1.47 4.42 (48,281.39) 1.56 (35,579.62) 2,149,908.31 2,065,000.00 Security Type Sub-Total 3.88 Commercial Paper (34.63) 633.17 794,771.04 99.97 JPM_CHA 795,000.00 53944RAR9LMA AMERICAS LLC COMM PAPER DTD 05/25/2021 0.000% 01/25/2022 0.19 0.16 633.17 0.19 (34.63) 794,771.04 795,000.00 Security Type Sub-Total 0.16 Certificate of Deposit - FDIC Insured (2,033.25)(2,033.25) 242,966.75 99.17 NEW ACC 245,000.00 29278TQD5ENERBANK USA DTD 07/24/2020 0.450% 07/24/2024 0.77 2.63 (3,164.42)(3,164.42) 241,835.58 98.71 NEW ACC 245,000.00 58404DHQ7MEDALLION BANK UTAH DTD 07/30/2020 0.550% 07/30/2025 0.91 3.63 (5,197.67) 0.84 (5,197.67) 484,802.33 490,000.00 Security Type Sub-Total 3.13 Asset-Backed Security 6.05 6.12 69,991.36 99.99 MERRILL 70,000.00 43815GAC3HAROT 2021-4 A3 DTD 11/24/2021 0.880% 01/21/2026 0.88 2.25 60.34 60.35 180,035.55 100.02 BARCLAY 180,000.00 14041NFY2COMET 2021-A3 A3 DTD 11/30/2021 1.040% 11/16/2026 1.04 2.90 66.47 1.00 66.39 250,026.91 250,000.00 Security Type Sub-Total 2.72 27,785,000.00 27,904,221.34 (330,912.26)(249,177.33) 0.82 Managed Account Sub-Total 2.38 Total Investments $27,926,030.26 $21,808.92 $27,904,221.34 Accrued Interest Securities Sub-Total $27,785,000.00 ($330,912.26)($249,177.33) 0.82% 2.38 Account 73340100 Page 10 Page 61 For the Month Ending November 30, 2021Managed Account Security Transactions & Interest CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - 73340100 Transaction Type Trade CUSIPSecurity DescriptionSettle Par Proceeds Principal Accrued Interest Total Cost Realized G/L Realized G/L Sale Amort Cost Method BUY 11/03/21 US TREASURY N/B NOTES DTD 10/31/2021 1.125% 10/31/2026 91282CDG3 (373,300.78)(34.96)(373,335.74) 375,000.00 11/01/21 11/03/21 US TREASURY N/B NOTES DTD 10/31/2021 0.375% 10/31/2023 91282CDD0 (792,764.06)(24.71)(792,788.77) 795,000.00 11/01/21 11/24/21 HAROT 2021-4 A3 DTD 11/24/2021 0.880% 01/21/2026 43815GAC3 (69,985.24) 0.00 (69,985.24) 70,000.00 11/16/21 11/18/21 US TREASURY N/B NOTES DTD 10/31/2021 1.125% 10/31/2026 91282CDG3 (993,945.31)(559.39)(994,504.70) 1,000,000.00 11/17/21 11/18/21 US TREASURY NOTES DTD 01/15/2021 0.125% 01/15/2024 91282CBE0 (989,492.19)(427.99)(989,920.18) 1,000,000.00 11/17/21 11/18/21 US TREASURY N/B NOTES DTD 07/15/2021 0.375% 07/15/2024 91282CCL3 (989,804.69)(1,283.97)(991,088.66) 1,000,000.00 11/17/21 11/30/21 COMET 2021-A3 A3 DTD 11/30/2021 1.040% 11/16/2026 14041NFY2 (179,975.20) 0.00 (179,975.20) 180,000.00 11/18/21 11/23/21 AMERICAN EXPRESS CO CORP NOTES (CALLABLE DTD 07/30/2019 2.500% 07/30/2024 025816CG2 (284,845.00)(2,157.99)(287,002.99) 275,000.00 11/19/21 (4,489.01)(4,678,601.48)(4,674,112.47) 4,695,000.00 Transaction Type Sub-Total INTEREST 11/01/21 CITIGROUP CORP NOTES DTD 05/02/2016 3.400% 05/01/2026 172967KN0 0.00 2,890.00 2,890.00 170,000.00 11/01/21 11/01/21 MONEY MARKET FUND MONEY0002 0.00 0.31 0.31 0.00 11/01/21 11/12/21 AMAZON.COM INC CORPORATE NOTES DTD 05/12/2021 1.000% 05/12/2026 023135BX3 0.00 1,875.00 1,875.00 375,000.00 11/12/21 11/15/21 IBM CORP DTD 05/15/2019 3.300% 05/15/2026 459200JZ5 0.00 2,475.00 2,475.00 150,000.00 11/15/21 11/15/21 US TREASURY N/B NOTES DTD 05/15/2021 0.250% 05/15/2024 91282CCC3 0.00 2,468.75 2,468.75 1,975,000.00 11/15/21 11/24/21 ENERBANK USA DTD 07/24/2020 0.450% 07/24/2024 29278TQD5 0.00 93.64 93.64 245,000.00 11/24/21 11/28/21 ASTRAZENECA FINANCE LLC (CALLABLE) CORP DTD 05/28/2021 1.200% 05/28/2026 04636NAA1 0.00 900.00 900.00 150,000.00 11/28/21 Account 73340100 Page 11 Page 62 For the Month Ending November 30, 2021Managed Account Security Transactions & Interest CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - 73340100 Transaction Type Trade CUSIPSecurity DescriptionSettle Par Proceeds Principal Accrued Interest Total Cost Realized G/L Realized G/L Sale Amort Cost Method INTEREST 11/30/21 US TREASURY NOTES DTD 05/31/2019 2.125% 05/31/2026 9128286X3 0.00 10,625.00 10,625.00 1,000,000.00 11/30/21 11/30/21 US TREASURY NOTES DTD 05/31/2018 2.750% 05/31/2023 9128284S6 0.00 31,556.25 31,556.25 2,295,000.00 11/30/21 11/30/21 US TREASURY NOTES DTD 05/31/2020 0.250% 05/31/2025 912828ZT0 0.00 2,468.75 2,468.75 1,975,000.00 11/30/21 11/30/21 US TREASURY NOTES DTD 11/30/2019 1.500% 11/30/2024 912828YV6 0.00 15,000.00 15,000.00 2,000,000.00 11/30/21 11/30/21 MEDALLION BANK UTAH DTD 07/30/2020 0.550% 07/30/2025 58404DHQ7 0.00 114.45 114.45 245,000.00 11/30/21 11/30/21 US TREASURY NOTES DTD 11/30/2018 2.875% 11/30/2023 9128285P1 0.00 32,487.50 32,487.50 2,260,000.00 11/30/21 11/30/21 US TREASURY NOTES DTD 11/30/2020 0.125% 11/30/2022 91282CAX9 0.00 1,478.13 1,478.13 2,365,000.00 11/30/21 104,432.78 104,432.78 0.00 15,205,000.00 Transaction Type Sub-Total SELL 11/03/21 US TREASURY NOTES DTD 11/30/2019 1.500% 11/30/2024 912828YV6 352,183.01 2,205.74 354,388.75 (5,552.34)(3,955.46)FIFO 345,000.00 11/01/21 11/03/21 MUFG BANK LTD/NY COMM PAPER DTD 05/25/2021 0.000% 02/18/2022 62479MBJ1 794,503.79 0.00 794,503.79 391.54 (141.77)FIFO 795,000.00 11/01/21 11/19/21 US TREASURY NOTES DTD 11/30/2020 0.125% 11/30/2022 91282CAX9 74,953.13 44.06 74,997.19 (61.52)(56.83)FIFO 75,000.00 11/16/21 11/23/21 US TREASURY N/B NOTES DTD 06/15/2021 0.250% 06/15/2024 91282CCG4 207,432.42 230.94 207,663.36 (1,944.14)(2,014.00)FIFO 210,000.00 11/19/21 2,480.74 (6,168.06)(7,166.46) 1,431,553.09 1,429,072.35 1,425,000.00 Transaction Type Sub-Total (3,245,040.12) 102,424.51 (3,142,615.61)(7,166.46)(6,168.06)Managed Account Sub-Total Total Security Transactions ($7,166.46)($3,142,615.61)$102,424.51 ($3,245,040.12)($6,168.06) Account 73340100 Page 12 Page 63 DATE:December 15, 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 of a Resolution Adopting the Rancho Cucamonga Fire Protection District Salary Schedules for Fiscal Year 2021-22. (RESOLUTION NO. FD 2021-033) (FIRE) RECOMMENDATION: Staff recommends the Fire Board adopt the attached resolution approving the salary schedules for job classifications employed by the Rancho Cucamonga Fire Protection District for fiscal year 2021-22. BACKGROUND: The Fire Board traditionally adopts salary resolutions for those classifications employed by the Rancho Cucamonga Fire District. These resolutions are updated twice a year to reflect changes in salaries, additions, and deletions of classifications, changes in job titles and other terms of employment. Effective January 1, 2022, the State of California minimum wage will increase from $14.00 to $15.00 per hour. ANALYSIS: In order to comply with the State of California minimum wage law, the attached resolution adopts changes to the part-time Fire Support salary schedule increasing the bottom steps of the Fire Prevention Assistant and Fire Clerk position to $15.00 per hour. All other Fire salary schedules, classifications, job titles, and other terms of employment remain the same. Staff recommends that the Fire Board approve the resolution updating the Fire District’s salary schedules for fiscal year 2021-22 to include the aforementioned changes. FISCAL IMPACT: Adjustments to the part-time salary ranges were accounted for in the current fiscal year budget. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item addresses the Council’s Vision to build on our success as a world class community, create an equitable, sustainable, and vibrant City, rich in opportunity for all to thrive. Page 64 Page 2 1 0 5 0 ATTACHMENTS: Attachment 1 – Resolution No. FD 2021-033 Attachment 2 – Fire Management Employee Group Salary Schedule Attachment 3 – Fire Union Salary Schedule Attachment 4 – Fire Support Services Association Salary Schedule Attachment 5 – Part Time Fire Salary Schedule Page 65 1 9 1 4 RESOLUTION NO. FD 2021-033 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT SALARY SCHEDULES FOR FISCAL YEAR 2021-2022. WHEREAS, the Board of Directors of the Rancho Cucamonga Fire Protection District has determined that it is necessary for the efficient operation and management of the District that policies be established prescribing salary ranges, benefits and holidays and other policies for employees of the Rancho Cucamonga Fire Protection District; and WHEREAS, the Board of Directors of the Rancho Cucamonga Fire Protection District has previously adopted salary resolutions that established salary ranges, benefits and other terms of employment for employees of the Rancho Cucamonga Fire Protection District; and WHEREAS, the Board of Directors of the Rancho Cucamonga Fire Protection District recognizes that it is necessary from time to time to amend the salary resolution to accommodate changes in position titles, classifications salary ranges, additions and deletions of classifications, benefits and other terms of employment; and NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Rancho Cucamonga Fire Protection District, Rancho Cucamonga, California to approve the attached Rancho Cucamonga Fire Protection District Salary Schedules (Attachment 2 - 5) effective January 1, 2022. PASSED, APROVED AND ADOPTED this 15th day of December 2021. ATTACHMENT 1 Page 66 Resolution No. FD 2021-XXX A B C D E F FIRE CHIEF 92.21 96.82 101.66 106.73 112.07 117.68 Hourly 7,376.45 7,745.60 8,132.88 8,538.29 8,965.94 9,414.20 Bi-Weekly 15,982.30 16,782.13 17,621.24 18,499.62 19,426.21 20,397.43 Monthly FIRE DEPUTY CHIEF 75.65 79.43 83.40 87.58 91.95 96.55 Hourly 6,052.28 6,354.69 6,671.93 7,006.47 7,355.85 7,724.18 Bi-Weekly 13,113.27 13,768.49 14,455.84 15,180.69 15,937.67 16,735.71 Monthly FIRE BATTALION CHIEF 47.10 49.45 51.92 54.52 57.24 Hourly (56 Hour Workweek)5,274.87 5,538.71 5,814.98 6,106.34 6,411.04 Bi-Weekly 11,428.89 12,000.53 12,599.12 13,230.41 13,890.58 Monthly FIRE BATTALION CHIEF 65.94 69.23 72.69 76.33 80.14 Hourly (40 Hour Workweek)5,274.87 5,538.71 5,814.98 6,106.34 6,411.04 Bi-Weekly 11,428.89 12,000.53 12,599.11 13,230.41 13,890.58 Monthly FIRE MARSHAL 70.72 74.25 77.97 81.87 85.95 Hourly 5,657.58 5,940.22 6,237.68 6,549.98 6,876.28 Bi-Weekly 12,258.10 12,870.47 13,514.97 14,191.61 14,898.61 Monthly BC TRAINING OFFICER STIPEND (7.26% of 40 hr BC Current Step) 40 Hour Workweek 4.79 5.03 5.28 5.54 5.82 Hourly 56 Hour Workweek 3.42 3.59 3.77 3.96 4.16 Hourly 382.96 402.11 422.17 443.32 465.44 Bi-Weekly 829.74 871.24 914.70 960.53 1,008.46 Monthly SALARY SCHEDULE AS OF JANUARY 1, 2022 FIRE MANAGEMENT EMPLOYEES GROUP ATTACHMENT 2 Fire Management Employees Group Salary Schedule January 1, 2022Page67 Resolution No. FD 2021-XXX A B C D E FIRE CAPTAIN 34.53 36.26 38.06 39.96 41.96 Hourly 3,866.87 4,060.67 4,262.55 4,475.97 4,699.77 Bi-Weekly 8,378.21 8,798.12 9,235.53 9,697.93 10,182.83 Monthly FIRE CAPTAIN 34.53 36.26 38.06 39.96 41.96 Hourly SPECIALIST 3,866.87 4,060.67 4,262.55 4,475.97 4,699.77 Bi-Weekly 8,378.21 8,798.12 9,235.53 9,697.93 10,182.83 Monthly FIRE ENGINEER 29.43 30.89 32.45 34.06 35.77 Hourly 3,295.84 3,459.65 3,633.84 3,814.96 4,006.45 Bi-Weekly 7,140.98 7,495.90 7,873.32 8,265.74 8,680.65 Monthly FIREFIGHTER 25.72 27.01 28.36 29.78 31.26 Hourly 2,880.54 3,024.74 3,175.86 3,335.06 3,501.18 Bi-Weekly 6,241.17 6,553.60 6,881.03 7,225.96 7,585.88 Monthly FIELD TRAINING OFFICER 48.33 50.75 53.28 55.95 58.74 Hourly (40 hour Workweek)3,866.21 4,059.85 4,262.55 4,475.97 4,699.27 Bi-Weekly 8,376.78 8,796.34 9,235.53 9,697.93 10,181.76 Monthly HAZARDOUS MATERIAL STIPEND (5% of Fire Engr. Step E) (40 Hour Workweek)2.50 2.50 2.50 2.50 2.50 Hourly (56 Hour Workweek)1.79 1.79 1.79 1.79 1.79 Hourly 200.32 200.32 200.32 200.32 200.32 Bi-Weekly 434.03 434.03 434.03 434.03 434.03 Monthly PARAMEDIC STIPEND (13.92% of Fire Engr. Step E) (40 Hour Workweek)6.97 6.97 6.97 6.97 6.97 Hourly (56 Hour Workweek)4.98 4.98 4.98 4.98 4.98 Hourly 557.70 557.70 557.70 557.70 557.70 Bi-Weekly 1,208.35 1,208.35 1,208.35 1,208.35 1,208.35 Monthly FIELD TRAINING OFFICER STIPEND (9.3% of Fire Capt. Step E) (40 Hour Workweek)5.46 5.46 5.46 5.46 5.46 Hourly (56 Hour Workweek)3.90 3.90 3.90 3.90 3.90 Hourly 437.08 437.08 437.08 437.08 437.08 Bi-Weekly 947.00 947.00 947.00 947.00 947.00 Monthly TECHNICAL RESCUE STIPEND (5% of Fire Engr. Step E) (40 Hour Workweek)2.50 2.50 2.50 2.50 2.50 Hourly (56 Hour Workweek)1.79 1.79 1.79 1.79 1.79 Hourly 200.32 200.32 200.32 200.32 200.32 Bi-Weekly 434.03 434.03 434.03 434.03 434.03 Monthly . TERRORISM LIAISON OFFICER STIPEND (2.5% of Fire Engr. Step E) (40 Hour Workweek)1.25 1.25 1.25 1.25 1.25 Hourly (56 Hour Workweek)0.89 0.89 0.89 0.89 0.89 Hourly 100.16 100.16 100.16 100.16 100.16 Bi-Weekly 217.02 217.02 217.02 217.02 217.02 Monthly BA, BS, or Fire Officer Certification (40 Hour Workweek)1.83 1.83 1.83 1.83 1.83 Hourly (56 Hour Workweek)1.31 1.31 1.31 1.31 1.31 Hourly 146.31 146.31 146.31 146.31 146.31 Bi-Weekly 317.00 317.00 317.00 317.00 317.00 Monthly MA, MS or Chief Officer Certification (40 Hour Workweek)2.74 2.74 2.74 2.74 2.74 Hourly (56 Hour Workweek)1.96 1.96 1.96 1.96 1.96 Hourly 219.23 219.23 219.23 219.23 219.23 Bi-Weekly 475.00 475.00 475.00 475.00 475.00 Monthly FIRE UNION JANUARY 1, 2022 ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES ATTACHMENT 3 Fire Union Salary Schedule January 1, 2022Page68 Resolution No. FD 2021-XXX A B C D E F COMMUNICATIONS TECHNICIAN 25.37 26.64 27.97 29.37 30.83 32.38 Hourly 2,029.39 2,130.86 2,237.40 2,349.27 2,466.74 2,590.07 Bi-Weekly 4,397.01 4,616.86 4,847.70 5,090.09 5,344.59 5,611.82 Monthly COMMUNITY AFFAIRS SENIOR 30.46 31.98 33.58 35.26 37.02 38.88 Hourly COORDINATOR 2,436.77 2,558.61 2,686.54 2,820.86 2,961.91 3,110.00 Bi-Weekly 5,279.66 5,543.65 5,820.83 6,111.87 6,417.46 6,738.34 Monthly EMERGENCY MANAGEMENT 38.00 39.90 41.89 43.99 46.19 48.50 Hourly COORDINATOR 3,039.81 3,191.80 3,351.39 3,518.96 3,694.91 3,879.65 Bi-Weekly 6,586.25 6,915.56 7,261.34 7,624.41 8,005.63 8,405.91 Monthly EMERGENCY MEDICAL SERVICES 49.38 51.85 54.44 57.16 60.02 63.02 Hourly ADMINISTRATOR 3,950.49 4,148.01 4,355.41 4,573.18 4,801.84 5,041.93 Bi-Weekly 8,559.39 8,987.36 9,436.73 9,908.56 10,403.99 10,924.19 Monthly EMERGENCY MEDICAL SERVICES 41.14 43.20 45.36 47.63 50.01 52.51 Hourly QUALITY IMPROVEMENT NURSE 3,291.69 3,456.28 3,629.10 3,810.56 4,001.09 4,201.15 Bi-Weekly 7,132.01 7,488.62 7,863.06 8,256.22 8,669.04 9,102.50 Monthly FIRE BUSINESS MANAGER 43.05 45.20 47.46 49.83 52.33 54.94 Hourly 3,443.90 3,616.09 3,796.90 3,986.74 4,186.08 4,395.38 Bi-Weekly 7,461.78 7,834.87 8,226.61 8,637.94 9,069.84 9,523.33 Monthly FIRE EQUIPMENT APPRENTICE 19.79 20.78 21.82 22.91 24.06 25.26 Hourly MECHANIC 1,583.51 1,662.69 1,745.82 1,833.11 1,924.77 2,021.01 Bi-Weekly 3,430.95 3,602.49 3,782.62 3,971.75 4,170.34 4,378.85 Monthly FIRE EQUIPMENT LEAD 27.28 28.64 30.08 31.58 33.16 34.82 Hourly MECHANIC 2,182.35 2,291.47 2,406.04 2,526.34 2,652.66 2,785.29 Bi-Weekly 4,728.42 4,964.84 5,213.09 5,473.74 5,747.43 6,034.80 Monthly FIRE EQUIPMENT MECHANIC 24.74 25.98 27.28 28.64 30.07 31.58 Hourly 1,979.19 2,078.15 2,182.05 2,291.16 2,405.71 2,526.00 Bi-Weekly 4,288.24 4,502.65 4,727.78 4,964.17 5,212.38 5,473.00 Monthly FIRE INFORMATION SYSTEMS 24.07 25.27 26.54 27.87 29.26 30.72 Hourly TECHNICIAN 1,925.70 2,021.99 2,123.08 2,229.24 2,340.70 2,457.74 Bi-Weekly 4,172.35 4,380.97 4,600.02 4,830.02 5,071.52 5,325.09 Monthly FIRE SUPPORT SERVICES ASSOCIATION SALARY SCHEDULE AS OF JANUARY 1, 2022 ATTACHMENT 4 Fire Support Services Association Salary Schedule January 1, 2022Page69 Resolution No. FD 2021-XXX A B C D E F FIRE PREVENTION SPECIALIST 27.16 28.52 29.95 31.44 33.02 34.67 Hourly INSPECTION I 2,172.93 2,281.58 2,395.66 2,515.44 2,641.22 2,773.28 Bi-Weekly 4,708.02 4,943.43 5,190.60 5,450.13 5,722.63 6,008.76 Monthly FIRE PREVENTION SPECIALIST 29.94 31.44 33.01 34.66 36.40 38.22 Hourly INSPECTION II 2,395.52 2,515.29 2,641.06 2,773.11 2,911.76 3,057.35 Bi-Weekly 5,190.28 5,449.80 5,722.29 6,008.40 6,308.82 6,624.26 Monthly FIRE PREVENTION SUPERVISOR 34.07 35.77 37.56 39.44 41.41 43.48 Hourly 2,725.55 2,861.83 3,004.92 3,155.16 3,312.92 3,478.57 Bi-Weekly 5,905.36 6,200.62 6,510.65 6,836.19 7,178.00 7,536.90 Monthly FIRE SHOP SUPERVISOR 32.73 34.36 36.08 37.89 39.78 41.77 Hourly 2,618.16 2,749.07 2,886.52 3,030.85 3,182.39 3,341.51 Bi-Weekly 5,672.69 5,956.32 6,254.14 6,566.84 6,895.19 7,239.95 Monthly MAINTENANCE OFFICER 36.33 38.15 40.05 42.06 44.16 46.37 Hourly 2,906.43 3,051.75 3,204.34 3,364.56 3,532.79 3,709.43 Bi-Weekly 6,297.27 6,612.13 6,942.74 7,289.88 7,654.37 8,037.09 Monthly MANAGEMENT AIDE 24.99 26.24 27.56 28.93 30.38 31.90 Hourly 1,999.49 2,099.47 2,204.44 2,314.66 2,430.39 2,551.91 Bi-Weekly 4,332.23 4,548.84 4,776.28 5,015.10 5,265.85 5,529.15 Monthly MANAGEMENT ANALYST I 29.01 30.46 31.98 33.58 35.26 37.02 Hourly 2,320.73 2,436.77 2,558.61 2,686.54 2,820.86 2,961.91 Bi-Weekly 5,028.25 5,279.66 5,543.65 5,820.83 6,111.87 6,417.46 Monthly MANAGEMENT ANALYST II 33.34 35.00 36.75 38.59 40.52 42.55 Hourly 2,666.98 2,800.33 2,940.34 3,087.36 3,241.73 3,403.81 Bi-Weekly 5,778.45 6,067.37 6,370.74 6,689.28 7,023.74 7,374.93 Monthly MANAGEMENT ANALYST III 36.31 38.12 40.03 42.03 44.13 46.34 Hourly 2,904.64 3,049.87 3,202.36 3,362.48 3,530.60 3,707.13 Bi-Weekly 6,293.38 6,608.05 6,938.45 7,285.37 7,649.64 8,032.12 Monthly PLANS EXAMINER - FIRE 33.37 35.04 36.79 38.63 40.57 42.59 Hourly 2,669.90 2,803.39 2,943.56 3,090.74 3,245.28 3,407.54 Bi-Weekly 5,784.78 6,074.02 6,377.72 6,696.61 7,031.44 7,383.01 Monthly AS OF JANUARY 1, 2022 FIRE SUPPORT SERVICES ASSOCIATION SALARY SCHEDULE ATTACHMENT 4 Fire Support Services Association Salary Schedule January 1, 2022Page70 Resolution No. FD 2021-XXX A B C D E F PUBLIC EDUCATION 28.09 29.50 30.97 32.52 34.15 35.85 Hourly SPECIALIST 2,247.45 2,359.82 2,477.82 2,601.71 2,731.79 2,868.38 Bi-Weekly 4,869.48 5,112.95 5,368.60 5,637.03 5,918.88 6,214.83 Monthly ADMINISTRATIVE ASSISTANT 17.85 18.79 19.78 20.82 21.92 23.07 Hourly 1,428.16 1,503.33 1,582.45 1,665.74 1,753.41 1,845.69 Bi-Weekly 3,094.35 3,257.21 3,428.64 3,609.10 3,799.05 3,999.00 Monthly EXECUTIVE ASSISTANT 22.31 23.48 24.72 26.02 28.83 30.35 Hourly 1,784.58 1,878.50 1,977.37 2,081.44 2,306.38 2,427.69 Bi-Weekly 3,866.58 4,070.08 4,284.30 4,509.79 4,997.15 5,260.00 Monthly EXECUTIVE ASSISTANT II 25.95 27.31 28.75 30.26 31.85 33.53 Hourly 2,075.64 2,184.88 2,299.87 2,420.92 2,548.34 2,682.46 Bi-Weekly 4,497.21 4,733.91 4,983.06 5,245.33 5,521.40 5,812.00 Monthly FIRE SUPPORT SERVICES ASSOCIATION SALARY SCHEDULE AS OF JANUARY 1, 2022 ATTACHMENT 4 Fire Support Services Association Salary Schedule January 1, 2022Page71 Resolution No. FD 2021-XXX A B C D E F COMMUNICATIONS TECHNICIAN 24.38 25.60 26.88 28.23 29.64 31.12 Hourly EMERGENCY MEDICAL SERVICES 41.14 43.20 45.36 47.62 50.01 52.51 Hourly QUALITY IMPROVEMENT NURSE FIRE CLERK (one step)15.00 Hourly FIRE EQUIPMENT MECHANIC 23.22 24.38 25.60 26.88 28.23 29.64 Hourly FIRE INFORMATION SYSTEMS 23.14 24.29 25.51 26.78 28.12 29.53 Hourly TECHNICIAN FIRE PREVENTION ASSISTANT (one step)15.00 Hourly TEMPORARY/PART-TIME FIRE PREVENTION SPECIALIST 24.49 25.72 27.00 28.35 29.77 31.26 Hourly INSPECTION I MANAGEMENT AIDE 24.01 25.24 26.53 27.88 29.16 30.62 Hourly MANAGEMENT ANALYST I 27.88 29.31 30.81 32.39 33.87 35.56 Hourly OFFICE SERVICES CLERK 16.85 17.71 18.62 19.57 20.47 21.49 Hourly OFFICE SPECIALIST I 15.25 16.03 16.85 17.71 18.52 19.45 Hourly OFFICE SPECIALIST II 16.85 17.71 18.62 19.57 20.47 21.49 Hourly PLANS EXAMINER - FIRE 32.08 33.68 35.37 37.13 38.99 40.94 Hourly QUALITY IMPROVEMENT 27.79 29.18 30.64 32.17 33.78 35.47 Hourly SPECIALIST FIRE DISTRICT PART-TIME HOURLY SALARY SCHEDULE AS OF JANUARY 1, 2022 ATTACHMENT 5 Fire District Part-Time Hourly Salary Schedule January 1, 2022Page72 DATE:December 15, 2021 TO:President and Members of the Board of Directors FROM:John R. Gillison, City Manager INITIATED BY:Lori Sassoon, Deputy City Manager/Administrative Services SUBJECT:Consideration of a Resolution Repealing Resolution FD 2020-023 Concerning a Declaration of Surplus Land Pursuant to Government Code Section 54221 for Real Property Located at 8340 Utica Avenue. (RESOLUTION NO. FD2021-034) (FIRE) RECOMMENDATION: Staff recommends that the Fire Board adopt the resolution repealing the declaration of surplus land for 8340 Utica Avenue. BACKGROUND: The Fire District is the owner in fee simple of a property located at 8340 Utica Avenue. Under the Surplus Land Act, Government Code Sections 54220-54233 (“Act”), surplus land is land owned in fee simple by the District for which the Fire Board takes formal action in a regular public meeting declaring the land is surplus and not necessary for the agency’s use. The Act provides that land shall be declared either surplus land or exempt surplus land before the agency may take action to dispose of it consistent with the agency’s policies or procedures. In December of 2020, the Board adopted Resolution FD 2020-023, declaring this property to be surplus land, along with several other parcels owned by the District. ANALYSIS: Subsequent to the adoption of the resolution to declare the Utica parcel as surplus land, a number of significant regional transportation projects have come into fruition, most notably the planned high speed rail from Las Vegas to Cucamonga Station, and the tunnel link from Cucamonga Station to Ontario International Airport that is currently being studied. These transportation initiatives, along with the other changes in land use in the Haven/Foothill focus area in the proposed General Plan and the HART District as a whole, make the Utica parcel a potentially important site for the District’s use in the future as this area of the city grows and creates demand for additional services. The proposed resolution would repeal Resolution FD 2020-023’s declaration of surplus for this parcel. FISCAL IMPACT: None Page 73 Page 2 1 0 5 9 COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This action is in keeping with the Council’s vision to creating an equitable, sustainable, and vibrant city, and its core value of intentionally embracing the future. ATTACHMENTS: Attachment 1 – Resolution No. FD 2021-034 Page 74 99999-9999\2398948v1.doc RESOLUTION NO. ______ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, REPEALING RESOLUTION FD 2020-023 CONCERNING A DECLARATION OF SURPLUS LAND PURSUANT TO GOVERNMENT CODE SECTION 54221 FOR REAL PROPERTY LOCATED AT 8340 UTICA AVENUE WHEREAS, the Rancho Cucamonga Fire Protection District (“District”) is the owner in fee simple of that certain real property located at 8340 Utica Avenue, further described in Exhibit “A,” attached hereto and made a part of hereof (“Property”); and WHEREAS, under the Surplus Property Land Act, Government Code Sections 54220-54233 (“Act”), surplus land is land owned in fee simple by the District for which the City Council takes formal action in a regular public meeting declaring the land is surplus and not necessary for the District’s use; and WHEREAS, the Property is the vacant property consisting of a parcel located at 8340 Utica; WHEREAS, District has previously adopted Resolution FD 2020-023, designating this parcel as surplus land pursuant to Government Code Section 54221; WHEREAS, since the time of the adoption of Resolution FD 2020-023, the City’s General Plan has been largely completed, and new developments involving Cucamonga Station and the HART District have been proposed, which will require District use of this parcel in the future; and WHEREAS, the Board of Directors no longer desires to declare that the Property is surplus land, and finds this property necessary for the District’s use; and WHEREAS, the accompanying staff report provides supporting information upon which the declaration and findings set forth in this Resolution are based; NOW, THEREFORE, THE DISTRICT COUNCIL HEREBY RESOLVES AS FOLLOWS: Section 1.The above recitals are true and correct and are a substantive part of this Resolution. Section 2.Resolution FD 2020-023 is hereby repealed. ATTACHMENT 1 Page 75 -2- 1 9 5 0 Exhibit A – Legal Description and Map: THAT CERTAIN REAL PROPERTY LOCATED IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS. PARCEL MAP 8568 PARCEL 1 PARCEL MAP 8568 PARCEL NO 1 Page 76 DATE:December 15, 2021 TO:President and Members of the Board of Directors FROM:John R. Gillison, City Manager INITIATED BY:Ivan Rojer, Fire Chief Mike McCliman, Deputy Fire Chief Darryl Polk, Director of Innovation and Technology Darci Vogel, Fire Business Manager SUBJECT:Consideration of the Purchase of Body Armor from Safariland, LLC Utilizing a Piggyback Opportunity Through a Competitively Bid Contract from the State of California, Contract 1-18-84-07, in the Amount of $116,543. (FIRE) RECOMMENDATION: Staff recommends that the Fire Board authorize the purchase of ninety-three (93) sets of body armor and associated equipment from Safariland, LLC utilizing a piggyback opportunity through a competitively bid contract from the State of California, Contract 1-18-84-07, in the amount of $116,543. BACKGROUND: The Fire District is an "All-Risk" agency and responds to a wide range of emergencies, including tactical incidents and other purposeful mass injury incidents. Tactical incidents pose an imminent threat to public safety and involve deadly weapons, which includes ballistics, explosives, and potential victims. As part of our joint rescue mission with our Sheriff partners, when lives are at stake in a tactical environment, barricaded suspect, hostage situation or terrorist attack, the need for fire personnel to enter a relatively safe scene under force protection (police escort) may occur. The goal of this response model is to provide point of wound care to victims that otherwise would have perished from preventable death injuries. In addition, the Fire District also has tactical mutual aid agreements with the cities of Ontario and Corona In order to provide Tactical Emergency Casualty Care (TECC) or the best-practice recommendations for casualty management during high-threat civilian tactical and rescue operations, our personnel must be equipped with the appropriate ballistic protection. The Fire District’s current ballistic panels and plates have a five (5) year life. The majority of this equipment will expire in February and March of 2022. To ensure the safety of fire personnel during tactical responses, it is imperative that this equipment be replaced. ANALYSIS: In an effort to expedite the purchasing process for the body armor, the Fire District identified a Page 77 Page 2 1 0 6 4 piggyback opportunity through a competitively bid contract from the State of California, Contract 1-18-84-07, awarded to Safariland, LLC. The Fire District’s Tactical Response Team thoroughly reviewed the RFP specifications and determined that they were consistent with the Fire District’s requirements. The Fire District provided the piggyback opportunity from the State of California to the City’s Procurement Division. Procurement reviewed the State bid documents and contract and is satisfied that the solicitation process and terms meet the Fire District and City's requirements. It has been determined that utilizing the contract as a piggyback is the most advantageous, expedient method of procurement at this time and is considered to be in the District's best interest to approve an award to Safariland, LLC for the purchase of body armor in the amount of $116,543. FISCAL IMPACT: The Safariland contract provides a 45% discount to the current Manufacturer’s Suggested Retail Price (MSRP) for body armor. Due to COVID related staffing issues and material shortages, the MSRP for body armor has increased significantly. As a result, the Safariland contract has experienced three separate price increases since the Fire District budgeted for replacement of body armor. The purchase of body armor was approved in the FY 2021-22 budget. A total of $72,200 was allocated in the Fire Protection Capital Fund under account 3288501-5290 (Specialized Tools & Equipment). Using the Safariland contract, the total purchase price will be $116,543. There are sufficient funds within the Fire Protection Capital Fund to cover the increased replacement cost. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item brings together portions of the Council’s vision and core value by providing a sustainable City and promoting a safe and healthy community for all. This is accomplished by ensuring our first responders have the resources and tools necessary to respond effectively during emergency situations. ATTACHMENTS: n/a Page 78 DATE:December 15, 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 of the Final Map for Tract 20118, Improvement Agreement and Improvement Securities for Street Improvements for Case No. SUBTT20118, Located South of 6th Street and West of the Resort Parkway. (CITY) RECOMMENDATION: Staff recommends that the City Council: 1. Approve the final map for Tract 20118; 2. Approve an Improvement Agreement and the design for related public improvements and authorize the Mayor and the City Clerk to sign said agreement; and 3. Accept security in the form of bonds for completion of the related public improvements. BACKGROUND: On January 22, 2020, Planning Commission approved Case No. SUBTT20118 for the subdivision of a vacant 39.68 acre parcel into eight (8) numbered lots for condominium purposes for the development of 867 for-rent apartments located within Planning Areas S-14 through S-18 and in S-24 in the Village Neighborhood (VN) District and Core Living (CL) District of the Empire Lakes Specific Plan, Planning Area 1 located north of 4th Street, south of 6th Street, west of Milliken Avenue, and east of Utica and Cleveland Avenues. The specific location of the project site is south of 6th Street and west of the Resort Parkway. Case No. SUBTT20118 was approved subject to a condition that certain public improvements be constructed including; curb and gutter, sidewalk, access ramps and street improvements. ANALYSIS: The developer, LCD Residential at Rancho Cucamonga, LLC has submitted a final map for consideration of approval. Staff has determined the final map (on file with the City Engineer) is in substantial conformity with the approved tentative map and conditions. Further, an Improvement Agreement and securities to guarantee construction of the off-site public improvements (plans on file with the City Engineer) in the following amounts have been submitted: Faithful Performance Bond No. 024255504 $188,600 Labor and Material Bond No. 024255504 $188,600 Monumentation Deposit $3,524 Page 79 Page 2 1 0 5 4 Approval of this item by Council would approve Tract Map 20118 and allow its recordation, approve the Improvement Agreement, and accept the securities for the construction of certain public improvements. Copies of the agreement are available in the City Clerk’s Office. FISCAL IMPACT: None. 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 Page 80 ATTACHMENT 1 1 6 0 7 SUBTT20118 Vicinity Map NOT TO SCALE Project Site Page 81 DATE:December 15, 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 at the Northeast Corner of Center Avenue and 6th Street per the Improvement Agreement Related to Case No. DRC2018-00553, 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 Case No. DRC2018-00553 and authorize the City Engineer to file the appropriate Notice of Completion; 2. Release Faithful Performance Bond No. 100464120 for the associated public improvements; 3. Release the Labor and Material Bond No. 100464120; and 4. Waive the maintenance bond requirement. BACKGROUND: On March 13, 2019, the Planning Commission approved Case No. DRC2018-00553 for the construction of a new warehouse facility on 5.09 acres of land in the General Industrial (GI) District located at the northeast corner of Center Avenue and 6th Street. An improvement agreement and securities were approved by the City Council on December 18, 2019, to ensure construction of the required public improvements, including curb and gutter, streetlights, sidewalk, an access ramp, a driveway approach, storm drain and street 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, Sixth & Center Realty Partners, LLC, submitted the following securities to ensure satisfactory completion of the improvements: Faithful Performance Bond $121,800 Bond # 100464120 Labor and Material Bond $121,800 Bond # 100464120 Page 82 Page 2 1 0 2 9 City staff conducted a final inspection of the public improvements in December of 2020 and confirmed all work was completed to City Standards. The developer did not provide a maintenance bond to the City; therefore, the Faithful Performance Bond was retained for the satisfactory period (one year from final inspection). City staff has confirmed the improvements have remained in good workmanship and free of defects. City staff recommends the maintenance bond requirement be waived. With completion of the improvements, the Faithful Performance and Labor and Material 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 improvements that promote a world class community. ATTACHMENTS: Attachment 1 - Vicinity Map Page 83 ATTACHMENT 1 1 6 0 7 DRC2018-00553 Vicinity Map NOT TO SCALE Project Site Page 84 DATE:December 15, 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 Annette Cano-Soza, Assistant Engineer SUBJECT:Consideration of License Agreements for Public Improvements Adjacent to the Railroad Spur Track on 8th Street West of Haven Avenue with BNSF Railway Company Related to Case No. DRC2018-00546, Located at 10415 8th Street. (CITY) RECOMMENDATION: Staff recommends that the City Council approve the following attached License Agreements (“agreements”) between the City and Burlington Northern Santa Fe (BNSF) Railway Company for the construction of public improvements adjacent to an existing BNSF railroad spur crossing on 8th Street west of Haven Avenue, related to Case No. DRC2018-00546 and authorize the Mayor and City Clerk to sign said agreements and repeal a previously approved version of agreement 20-67008. BACKGROUND: On June 26, 2019, the Planning Commission approved Case No. DRC2018-00546 for the development of a 120,628 square foot building on 6.00 acres in the General Industrial (GI) District, Industrial Park (IP) District and Haven Avenue Overlay District (HAOD), on the west side of Haven Avenue, South of 8th Street, located at 10415 8th Street. The project was conditioned to construct certain public improvements, including the installation of fiber optic infrastructure, electrical lines, and street improvements along the project’s frontages on 8th Street and Acacia Street. A portion of these improvements fall within the right-of-way owned and operated by BNSF for a spur track that connects to the Metrolink/BNSF mainline on the north side of 8th Street and serves properties to the south of 8th Street. ANALYSIS: For the developer, Duke Realty Limited Partnership, to gain permission to perform the necessary work within this right-of-way, BNSF is requiring the City to enter into the attached agreements. The cost of the agreements are as follows, and are to be paid by Duke Realty Limited Partnership: License Agreement No.One-Time Fee Public Improvement Type 21W-11124 $7,400 Fiber Installation 21W-11057 $3,700 Electrical Power Installation 20-67008 $0 Street Improvements Page 85 Page 2 9 9 7 On April 7, 2021, City Council approved the execution of License Agreement 20-67008 (agreement) for Street Improvements however, BNSF discovered the agreement template provided was incorrect and thus did not execute said agreement. At the request of BNSF the correct agreement template has been provided as Attachment 4. City staff is recommending approval of this new version of agreement no. 20-67008, therefore the agreement approved by the City Council in April would be repealed and is not effective. The agreements have been reviewed by the City Attorney’s office as to form. FISCAL IMPACT: All costs related to the public improvements within BNSF’s right-of-way along with the one-time agreement fees will be paid by the developer. Therefore, no funding is required in relation to the recommended action. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item addresses the City Council’s vision for the City by ensuring the construction of high- quality public improvements that promote a world class community. ATTACHMENTS: Attachment 1 - Vicinity Map Attachment 2 – License Agreement No. 21W-11124 Attachment 3 – License Agreement No. 21W-11057 Attachment 4 – License Agreement No. 20-67008 Page 86 ATTACHMENT 1 1 6 0 7 DRC2018-00546 Vicinity Map NOT TO SCALE Project Site Page 87 Jones Lang LaSalle Brokerage, Inc. 4200 Buckingham Rd., Suite 110 Fort Worth, Texas 76155 tel +1 817-230-2600, fax +1 817 306-8265 October 7, 2021 City of Rancho Cucamonga 21W-11124 Attention: Mr. Matthew Addington 10500 Civic Center Dr Rancho Cucamonga, California 91730 Dear Mr. Addington: Attached please find a copy of the requested contract for execution by an official authorized to execute contract agreements on behalf of your company. Please print one (1) copy, execute, and return with original signature for completion on part of BNSF Railway Company (“BNSF”) to this office, along with the following requirements: •A check in the amount of $7,400.00 payable to BNSF Railway Company which covers the contract fee. Please note the agreements cannot be executed by BNSF without an approved insurance certificate. If there are any issues with your insurance, you will be contacted by a member of the Risk Management team of BNSF Railway. 1.A Certificate of Insurance as required in the agreement. 2.A separate policy for Railroad Protective Liability Insurance as required in the agreement (ORIGINAL POLICY MUST BE PROVIDED). BNSF Railway Company will be the only insured party; OR; In lieu of providing a separate policy for Railroad Protective Liability Insurance, you may participate in the BNSF’s Railroad Protective Policy by checking the appropriate box in the contract and including an additional $506.00 with your check. PLEASE ADVISE IF THIS PROJECT IS ARRA FUNDED. Licensee must ensure that each of its employees, contractors, agents or invitees entering upon the premises completes the safety orientation program at the website www.BNSFcontractor.com prior to entering upon the premises. The certification is good for one year, and each person entering the premises must possess the card certifying completion. Acceptance and deposit of any check by BNSF does not constitute an agreement between BNSF and Licensee for the requested license. BNSF shall not be obligated to hold the check in a separate fund, but may commingle the funds with other funds of BNSF, and in no event shall BNSF be responsible for interest on said funds. The enclosed permit is not a binding agreement and shall become binding only when, and if, it is executed by you and fully approved and executed by BNSF Railway Company. Upon completion on behalf of BNSF, one fully executed counterpart will be returned for your records. The specifications/plans you provided may differ from BNSF’s minimum specification requirements. Therefore, prior to your installation, please review the Exhibit A to determine the specifications necessary for your installation. Please be informed that if contracts, fees, and insurance are not returned within sixty (60) days, the processing fee will increase to $1,600.00. Sincerely, Amanda Reyna Manager - Permits Attachment ATTACHMENT 2Page88 Tracking #21W-11124 - 1 - Form 420; Rev.20190916 LICENSE FOR COMMUNICATION LINE, TELEVISION CABLE, AND/OR FIBER OPTIC LINE ACROSS OR ALONG RAILWAY PROPERTY THIS LICENSE FOR COMMUNICATION LINE, TELEVISION CABLE AND/OR FIBER OPTIC LINE ("License") is made to be effective ____________, 2021 (the "Effective Date") by and between BNSF RAILWAY COMPANY, a Delaware corporation ("Licensor") and City of Rancho Cucamonga, a California municipality ("Licensee"). In consideration of the mutual covenants contained herein, the parties agree to the following: GENERAL 1. Grant of License. Licensor hereby grants Licensee a non-exclusive license, subject to all rights, interests, and estates of third parties, including, without limitation, any leases, use rights, easements, liens, or other encumbrances, and upon the terms and conditions set forth below, to construct and maintain in strict accordance with the drawings and specifications approved by Licensor as part of Licensee's application process (the "Drawings and Specifications") a communication line, television cable, and/or a fiber optic line containing a maximum of Two (2) conduits, together with all conductors and their supporting or containing structures (collectively, the "Communication Line"), across or along Licensor's rail corridor at or near the station of Rancho Cucamonga, County of San Bernardino, State of California, Line Segment 7608, Mile Post 41.41 as shown on the attached Drawing No. 82080, dated July 19, 2021, attached hereto as Exhibit "A" and incorporated herein by reference (the "Premises"). Licensee warrants that it has exercised due care in establishing the Drawings and Specifications and has conducted testing and carefully assessed the design process to conclude that the risks associated with using and operating the Communication Line as intended by Licensee will not pose any unreasonable risks to Licensor or to the Premises. 2. Term. This License shall commence on the Effective Date and shall continue for a period of twenty (20) years, subject to prior termination as hereinafter described. 3. Existing Improvements. Licensee shall not disturb any improvements of Licensor or Licensor's existing lessees, licensees, easement beneficiaries or lien holders, if any, or interfere with the use, repair, maintenance or replacement of such improvements. 4. Use of the Premises. Licensee shall use the Premises solely for construction, maintenance, and use of the Communication Line in accordance with the Drawings and Specifications. Licensee shall not use the Premises for any other purpose. 5. Alterations. Except as set forth in this License, Licensee may not make any alterations to the Premises or permanently affix anything to the Premises or any buildings or other structures adjacent to the Premises without Licensor's prior written consent. COMPENSATION 6. License Fee. Licensee shall pay Licensor, prior to the Effective Date, the sum of Seven Thousand Four Hundred and No/100 Dollars ($7,400.00) as compensation for the use of the Premises. 7. Costs and Expenses. 7.1 For the purpose of this License, "cost" or "costs" and "expense" or "expenses" includes, but is not limited to, actual labor and material costs including all assignable additives, and material and supply costs at current value where used. 7.2 Licensee agrees to reimburse Licensor (pursuant to the terms of Section 8 below) for all costs and expenses incurred by Licensor in connection with Licensee's use of the Premises or the presence, construction and maintenance of the Communication Line, including but not limited to the furnishing of Licensor's flaggers and any vehicle rental costs incurred, inspection coordination, safety, mobilization Page 89 Tracking #21W-11124 - 2 - Form 420; Rev.20190916 and/or other observation services described in this License (collectively, the "Services"). Licensee shall bear the cost of the Services, when deemed necessary by Licensor's representative. Flagging costs shall include, but not be limited to, the following: pay for at least an eight (8) hour basic day with time and one- half or double time for overtime, rest days and holidays (as applicable); vacation allowance; paid holidays (as applicable); railway and unemployment insurance; public liability and property damage insurance; health and welfare benefits; transportation; meals; lodging and supervision. Negotiations for railway labor or collective bargaining agreements and rate changes authorized by appropriate Federal authorities may increase flagging rates. Flagging rates in effect at the time of performance by the flaggers will be used to calculate the flagging costs pursuant to this Section 7. 7.3 Licensor, at is sole discretion, may elect to designate a third party (the "Scheduling Agent"), to perform and/or arrange for the performance of the Services. 8. Payment Terms. All invoices are due thirty (30) days after the date of invoice. If Licensee fails to pay any monies due to Licensor within thirty (30) days after the invoice date, then Licensee shall pay interest on such unpaid sum from the due date until paid at an annual rate equal to the lesser of (i) the prime rate last published in The Wall Street Journal in the preceding December plus two and one-half percent (2-1/2%), or (ii) the maximum rate permitted by law. LICENSOR’S RESERVED RIGHTS 9. Reserved Rights of Use. Licensor excepts and reserves the right, to be exercised by Licensor and any other parties who may obtain written permission or authority from Licensor: 9.1 to maintain, use, operate, repair, replace, modify and relocate any utility, power or communication pipe/lines/cables and appurtenances (other than the Communication Line) and other facilities or structures of like character upon, over, under or across the Premises existing as of the Effective Date; 9.2 to construct, maintain, renew, use, operate, change, modify and relocate any tracks or additional facilities, structures and related appurtenances upon, over, under or across the Premises; or 9.3 to use the Premises in any manner as Licensor in its sole discretion deems appropriate, provided Licensor uses all commercially reasonable efforts to avoid material interference with the use of the Premises by Licensee for the purpose specified in Section 4 above. 10. Right to Require Relocation. If at any time during the term of this License, Licensor desires the use of its rail corridor in such a manner as would, in Licensor's reasonable opinion, be interfered with by the Communication Line, Licensee shall, at its sole expense, within thirty (30) days after receiving written notice from Licensor to such effect, make such changes in the Communication Line as in the sole discretion of Licensor may be necessary to avoid interference with the proposed use of Licensor's rail corridor, including, without limitation, the relocation of the Communication Line, or the construction of a new line to replace the Communication Line. Notwithstanding the foregoing, Licensee agrees to make all emergency changes and minor adjustments, as determined by Licensor in its sole discretion, to the Communication Line promptly upon Licensor's request. LICENSEE'S OPERATIONS 11. Construction and Maintenance of the Communication Line. 11.1 Licensee shall not enter the Premises or commence construction unless accompanied by Licensor's representative, the Scheduling Agent or its designee. Licensee shall notify Licensor's Roadmaster, Andrew Trevizo, at andrew.trevizo@bnsf.com or 323-864-3852, at least ten (10) business days prior to installation of the Communication Line and prior to entering the Premises for any subsequent maintenance thereon. In the event of emergency, Licensee shall notify Licensor of Licensee's entry onto the Premises at the telephone number above as soon as practicable and shall promptly thereafter follow up with written notice of such entry. 11.2 Licensee's on-site supervisors shall retain/maintain a fully executed copy of this License at all times while on the Premises. Page 90 Tracking #21W-11124 - 3 - Form 420; Rev.20190916 11.3 While on the Premises, Licensee shall use only public roadways to cross from one side of Licensor's tracks to the other. 11.4 Any contractors or subcontractors performing work on the Communication Line or entering the Premises on behalf of Licensee shall be deemed servants and agents of Licensee for purposes of this License. 11.5 Under no conditions shall Licensee be permitted to conduct any tests, investigations or any other activity using mechanized equipment and/or machinery, or place or store any mechanized equipment, tools or other materials, within twenty-five (25) feet of the centerline of any railroad track on the Premises unless Licensee has obtained prior written approval from Licensor. Licensee shall, at its sole cost and expense, perform all activities on and about the Premises, including without limitation all construction and maintenance of the Electric Supply Line, in such a manner and of such materials as not at any time to endanger or interfere with (i) the existence or use of present or future tracks, roadbeds or property of Licensor, (ii) the safe operation and activities of Licensor or existing third parties, or (iii) the rights or interests of third parties. If ordered to cease using the Premises at any time by Licensor's personnel due to any hazardous condition, Licensee shall immediately do so. Notwithstanding the foregoing right of Licensor, the parties agree that Licensor has no duty or obligation to monitor Licensee's use of the Premises to determine the safe nature thereof, it being solely Licensee's responsibility to ensure that Licensee's use of the Premises is safe. Neither the exercise nor the failure by Licensor to exercise any rights granted in this Section will alter the liability allocation provided by this License. 11.6 Licensee shall, at its sole cost and expense, construct and maintain the Communication Line in such a manner and of such material that the Communication Line will not at any time endanger or interfere with (i) the existence or use of present or future tracks, roadbeds, or property of Licensor, (ii) the safe operation and activities of Licensor or existing third parties, or (iii) the rights or interests of third parties. The construction of the Communication Line shall be completed within one (1) year of the Effective Date, and any subsequent maintenance shall be completed within one (1) year of initiation. Within fifteen (15) days after completion of the construction of the Communication Line or the performance of any subsequent maintenance thereon, Licensee shall, at Licensee's own cost and expense, restore the Premises to substantially their state as of the Effective Date, unless otherwise approved in advance by Licensor in writing. On or before expiration or termination of this License for any reason, Licensee shall, at its sole cost and expense, surrender the Premises to Licensor pursuant to the terms and conditions set forth in Section 24 hereof. 11.7 Licensor may direct one or more of its field engineers or inspectors to observe or inspect the construction and/or maintenance of the Communication Line at any time for compliance with the Drawings and Specifications and Legal Requirements (defined below). Licensee shall reimburse Licensor for the cost of such observation or inspection related services pursuant to Section 8. If ordered at any time to halt construction or maintenance of the Communication Line by Licensor's personnel due to non-compliance with the Drawings and Specifications or any other hazardous condition, Licensee shall immediately do so. Notwithstanding the foregoing right of Licensor, the parties agree that Licensor has no duty or obligation to observe or inspect, or to halt work on, the Communication Line, it being solely Licensee's responsibility to ensure that the Communication Line is constructed and maintained in strict accordance with the Drawings and Specifications and in a safe and workmanlike manner in compliance with all terms hereof. Neither the exercise of, nor the failure by Licensor to exercise, any right granted by this Section will alter in any way the liability allocation provided by this License. If at any time Licensee shall, in the sole judgment of Licensor, fail to properly perform its obligations under this Section 11, Licensor may, at its option and at Licensee's sole expense, arrange for the performance of such work as it deems necessary for the safety of its operations and activities. Licensee shall promptly reimburse Licensor for all costs and expenses of such work, pursuant to the terms of Section 8. Licensor's failure to perform any obligations of Licensee shall not alter the liability allocation hereunder. 11.8 Licensee shall, at its sole cost and expense, remove all combustible material from around wooden poles on the Premises, if any, and will at all times keep the space around such poles free of such material, and if removal of such combustible material shall not be attended to with fifteen (15) days after having been requested by Licensor to do so, Licensor shall have the right itself to perform the work and Licensee hereby agrees to reimburse Licensor for the expense so incurred. Page 91 Tracking #21W-11124 - 4 - Form 420; Rev.20190916 11.9 Licensee shall, at its sole cost and expense, construct and at all times maintain the Communication Line in accordance with the National Electric Code. The use of a rail mounted cable plow to install the Communication Line is strictly prohibited unless advance written approval is granted by Licensor, which approval Licensor may grant or withhold in its sole and absolute discretion. Unless otherwise specified, all underground line shall be installed at least forty-eight (48) inches below grade level. 11.10 Cutting head must travel at 0.0% grade (or downward) beginning 25’ (minimum) from centerline of track until it reaches a point 25’ (minimum) from the centerline of track. Minimum pressure must be applied to pumping the slurry to the cutting head during drilling. This will deter the bentonite slurry used for lubrication from seeping up and fouling the track roadbed. A Flagman must be present during installation and will monitor the ballast and roadbed. 12. Boring and Excavation. 12.1 Prior to Licensee conducting any boring, excavation, or similar work on or about any portion of the Premises, Licensee shall contact the applicable State's call-before-you-dig utility location service to have 3rd parties mark the location of utilities. Licensee shall explore the proposed location for such work with hand tools to a depth of at least three (3) feet below the surface of the ground to determine whether pipelines or other structures exist below the surface, provided, however, that in lieu of the foregoing hand-tool exploration, Licensee shall have the right to use suitable detection equipment or other generally accepted industry practice (e.g., consulting with the United States Infrastructure Corporation) to determine the existence or location of pipelines and other subsurface structures prior to drilling or excavating with mechanized equipment. Licensee shall request information from Licensor concerning the existence and approximate location of Licensor's underground lines, utilities, and pipelines at or near the vicinity of the proposed Communication Line by contacting Licensor's Telecommunications, currently at 1-800-533-2891, option 1, then option7, Helpdesk at least thirty (30) business days prior to installation of the Communication Line. Upon receiving Licensee's timely request, Licensor will provide Licensee with the information Licensor has in its possession regarding any existing underground lines, utilities, and pipelines at or near the vicinity of the proposed Communication Line and, if applicable, identify the location of such lines on the Premises pursuant to Licensor's standard procedures. Licensor does not warrant the accuracy or completeness of information relating to subsurface conditions of the Premises and Licensee's operations will be subject at all times to the liability provisions herein. 12.2 For all bores greater than 26-inch diameter and at a depth less than 10.0 feet below bottom of rail, a soil investigation must be performed by Licensee and reviewed by Licensor prior to construction. This study is to determine if granular material is present, and to prevent subsidence during the installation process. If the investigation determines in Licensor's reasonable opinion that granular material is present, Licensor may select a new location for Licensee's use, or may require Licensee to furnish for Licensor's review and approval, in Licensor's sole discretion, a remedial plan to deal with the granular material. Once Licensor has approved any such remedial plan in writing, Licensee shall, at Licensee's sole cost and expense, carry out the approved plan in accordance with all terms thereof and hereof. 12.3 Any open hole, boring, or well constructed on the Premises by Licensee shall be safely covered and secured at all times when Licensee is not working in the actual vicinity thereof. Following completion of that portion of the work, all holes or borings constructed on the Premises by Licensee shall be: 12.3.1 filled in to surrounding ground level with compacted bentonite grout; or 12.3.2 otherwise secured or retired in accordance with any applicable Legal Requirement. No excavated materials may remain on Licensor's property for more than ten (10) days, but must be properly disposed of by Licensee in accordance with applicable Legal Requirements. Page 92 Tracking #21W-11124 - 5 - Form 420; Rev.20190916 LIABILITY AND INSURANCE 13. Liability and Indemnification. 13.1 For purposes of this License: (a) "Indemnitees" means Licensor and Licensor's affiliated companies, partners, successors, assigns, legal representatives, officers, directors, shareholders, employees, and agents; (b) "Liabilities" means all claims, liabilities, fines, penalties, costs, damages, losses, liens, causes of action, suits, demands, judgments, and expenses (including, without limitation, court costs, reasonable attorneys' fees, costs of investigation, removal and remediation, and governmental oversight costs) environmental or otherwise; and (c) "Licensee Parties" means Licensee and Licensee's officers, agents, invitees, licensees, employees, or contractors, or any party directly or indirectly employed by any of them, or any party they control or exercise control over. 13.2 TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE SHALL, AND SHALL CAUSE ITS CONTRACTOR TO, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS INDEMNITEES FOR, FROM, AND AGAINST ANY AND ALL LIABILITIES OF ANY NATURE, KIND, OR DESCRIPTION DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM, OR RELATED TO (IN WHOLE OR IN PART): 13.2.1 THIS LICENSE, INCLUDING, WITHOUT LIMITATION, ITS ENVIRONMENTAL PROVISIONS, 13.2.2 ANY RIGHTS OR INTERESTS GRANTED PURSUANT TO THIS LICENSE, 13.2.3 LICENSEE'S OCCUPATION AND USE OF THE PREMISES, 13.2.4 THE ENVIRONMENTAL CONDITION AND STATUS OF THE PREMISES CAUSED BY OR CONTRIBUTED TO BY LICENSEE, OR 13.2.5 ANY ACT OR OMISSION OF ANY LICENSEE PARTY. 13.3 TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE NOW AND FOREVER WAIVES AND WILL INDEMNIFY, DEFEND, AND HOLD THE INDEMNITEES HARMLESS FROM ANY AND ALL CLAIMS THAT BY VIRTUE OF ENTERING INTO THIS LICENSE, LICENSOR IS A GENERATOR, OWNER, OPERATOR, ARRANGER, OR TRANSPORTER FOR THE PURPOSES OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT, AS AMENDED ("CERCLA") OR OTHER ENVIRONMENTAL LAWS (DEFINED BELOW). NOTHING IN THIS LICENSE IS MEANT BY EITHER PARTY TO CONSTITUTE A WAIVER OF ANY INDEMNITEE'S COMMON CARRIER DEFENSES AND THIS LICENSE SHOULD NOT BE SO CONSTRUED. IF ANY AGENCY OR COURT CONSTRUES THIS LICENSE TO BE A WAIVER OF ANY INDEMNITEE'S COMMON CARRIER DEFENSES, LICENSEE AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND INDEMNITEES FOR ANY LIABILITIES RELATED TO THAT CONSTRUCTION OF THIS LICENSE. IN NO EVENT AS BETWEEN LICENSOR AND LICENSEE AS TO USE OF THE PREMISES AS CONTEMPLATED BY THIS LICENSE SHALL LICENSOR BE RESPONSIBLE TO LICENSEE FOR THE ENVIRONMENTAL CONDITION OF THE PREMISES. 13.4 IF ANY EMPLOYEE OF ANY LICENSEE PARTY ASSERTS THAT HE OR SHE IS AN EMPLOYEE OF ANY INDEMNITEE, TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE SHALL, AND SHALL CAUSE ITS CONTRACTOR TO, RELEASE, INDEMNIFY, DEFEND, AND HOLD THE INDEMNITEES HARMLESS FROM AND AGAINST ANY LIABILITIES ARISING OUT OF OR RELATED TO (IN WHOLE OR IN PART) ANY SUCH ASSERTION INCLUDING, BUT NOT LIMITED TO, ASSERTIONS OF EMPLOYMENT BY AN INDEMNITEE RELATED TO THE FOLLOWING OR ANY PROCEEDINGS THEREUNDER: THE FEDERAL EMPLOYERS' LIABILITY ACT, THE SAFETY APPLIANCE ACT, THE LOCOMOTIVE INSPECTION ACT, THE OCCUPATIONAL SAFETY AND HEALTH ACT, THE RESOURCE CONSERVATION AND RECOVERY ACT, AND ANY SIMILAR STATE OR FEDERAL STATUTE. 13.5 THE FOREGOING OBLIGATIONS OF LICENSEE SHALL NOT APPLY TO THE EXTENT LIABILITIES ARE PROXIMATELY CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY Page 93 Tracking #21W-11124 - 6 - Form 420; Rev.20190916 INDEMNITEE, BUT SHALL APPLY TO ALL OTHER LIABILITIES, INCLUDING THOSE ARISING FROM OR ATTRIBUTED TO ANY OTHER ALLEGED OR ACTUAL NEGLIGENCE, INTENTIONAL ACTS, OR STRICT LIABILITY OF ANY INDEMNITEE. 13.6 Upon written notice from Licensor, Licensee agrees to assume the defense of any lawsuit or other proceeding brought against any Indemnitee by any entity, relating to any matter covered by this License for which Licensee has an obligation to assume liability for and/or save and hold harmless any Indemnitee. Licensee shall pay all costs and expenses incident to such defense, including, but not limited to, reasonable attorneys' fees, investigators' fees, litigation and appeal expenses, settlement payments, and amounts paid in satisfaction of judgments. 14. Personal Property Risk of Loss. ALL PERSONAL PROPERTY, INCLUDING, BUT NOT LIMITED TO, FIXTURES, EQUIPMENT, OR RELATED MATERIALS UPON THE PREMISES WILL BE AT THE RISK OF LICENSEE ONLY, AND NO INDEMNITEE WILL BE LIABLE FOR ANY DAMAGE THERETO OR THEFT THEREOF, WHETHER OR NOT DUE IN WHOLE OR IN PART TO THE NEGLIGENCE OF ANY INDEMNITEE. 15. Insurance. Licensee shall, at its sole cost and expense, procure and maintain during the term of this License the following insurance coverage: 15.1 Commercial General Liability “CGL” Insurance. a. The policy will provide a minimum of $2,000,000 per occurrence and an aggregate limit of at least $4,000,000 but in no event will the coverage be in an amount less than the amount otherwise carried by Licensee. Coverage must be purchased on a post 2004 ISO occurrence form or equivalent and include coverage for, but not limited to, the following:  Bodily Injury and Property Damage  Personal Injury and Advertising Injury  Fire legal liability  Products and completed operations  Contractual Liability for an “Insured Contract” consistent with the definition under the standard ISO general liability policy form. b. This policy will include the following endorsements or language, which shall be indicated on or attached to the certificate of insurance:  The definition of “Insured Contract” will be amended to remove any exclusion or other limitation for any work being done within 50 feet of Licensor’s property;  Waiver of subrogation in favor of and acceptable to Licensor;  Additional insured endorsement in favor of and acceptable to Licensor and Jones Lang LaSalle Brokerage, Inc.to include coverage for ongoing operations and completed operations;  Separation of insureds;  The policy shall be primary and non-contributing with respect to any insurance carried by Licensor. c. The parties agree that the workers’ compensation and employers’ liability related exclusions in the CGL policy(s) are intended to apply to employees of the policyholder and will not apply to Licensor’s employees. d. No other endorsements that limit coverage with respect to Licensee’s obligations under this agreement may be included on the policy. 15.2 Business Automobile Insurance a. The insurance will provide minimum coverage with a combined single limit of at least $1,000,000 per accident, and include coverage for, but not limited to the following:  Bodily injury and property damage.  Any and all vehicles owned, used or hired. b. The policy will include the following endorsements or language, which will be indicated on or attached to the certificate of insurance: Page 94 Tracking #21W-11124 - 7 - Form 420; Rev.20190916  Waiver of subrogation in favor of and acceptable to Licensor;  Additional insured endorsement in favor of and acceptable to Licensor;  Separation of insureds;  The policy shall be primary and non-contributing with respect to any insurance carried by Licensor. 15.3 Workers' Compensation and Employers' Liability Insurance a. The policy will provide coverage of all employees performing any part of the work or services including coverage for, but not limited to:  Licensee's statutory liability under the workers' compensation laws of the state(s) in which the work or services are to be performed. The policy will cover all of Licensee’s employees, regardless of whether such coverage is optional under the law of that state(s).  Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. b. The policy will include contain the following endorsements or language, which shall be indicated on or attached to the certificate of insurance:  Waiver of subrogation in favor of and acceptable to Licensor. 15.4 Railroad Protective Liability Insurance. The policy will name only Licensor as the Insured and will provide coverage of at least $2,000,000 per occurrence and $6,000,000 in the aggregate. The coverage obtained under this policy shall only be effective during the initial installation and/or construction of the Electric Supply Line. THE CONSTRUCTION OF THE ELECTRIC SUPPLY LINE SHALL BE COMPLETED WITHIN ONE (1) YEAR OF THE EFFECTIVE DATE. If further maintenance of the Electric Supply Line is needed at a later date, an additional Railroad Protective Liability Insurance Policy shall be required. The policy will be issued on a standard ISO form CG 00 35 12 04 and include the following:  Endorsed to include the Pollution Exclusion Amendment.  Endorsed to include the Limited Seepage and Pollution Endorsement.  Endorsed to remove any exclusion for punitive damages.  Endorsed to include Evacuation Expense Coverage Endorsement.  No other endorsements restricting coverage may be added.  The original policy must be provided to Licensor and Licensee shall not perform any work or services of any kind under this agreement until Licensor has reviewed and approved the policy.  The definition of "Physical Damage to Property" will be endorsed to read: "means direct and accidental loss of or damage to all property owned by any named insured and all property in any named insured's care, custody and control (including, but not limited to rolling stock and their contents, mechanical construction equipment or motive power equipment, railroad tracks, roadbeds, catenaries, signals, tunnels, bridges and buildings) arising out of the acts or omissions of the contractor named on the Declarations." In lieu of providing a Railroad Protective Liability Policy, for a period of one (1) year from the Effective Date, Licensee may participate in Licensor's Blanket Railroad Protective Liability Insurance Policy available to Licensee or its contractor. The limits of coverage are the same as above. The cost is $506.00.  Licensee elects to participate in Licensor's Blanket Policy;  Licensee declines to participate in Licensor's Blanket Policy. 15.5 Other Requirements: 15.5.1 Where allowable by law, no exclusion for punitive damages may be included in any policy. 15.5.2 Licensee agrees to waive its right of recovery against Licensor for all claims and suits against Licensor. In addition, Licensee's insurers, through the terms of the policy or policy endorsement, waive their right of subrogation against Licensor for all claims and suits. Licensee further waives its right of recovery, and its insurers also waive their right of subrogation against Licensor for loss of Licensee's owned or leased property or property under Licensee's care, custody, or control. Page 95 Tracking #21W-11124 - 8 - Form 420; Rev.20190916 15.5.3 Allocated Loss Expense, including but not limited to defense costs and expenses, will be in addition to all policy limits for coverage under the insurance requirements. 15.5.4 Licensee is not allowed to self-insure without the prior written consent of Licensor. If Licensor allows Licensee to self-insure, Licensee shall directly cover any self-insured retention or other financial responsibility for claims in lieu of insurance. Any and all Licensor liabilities that would otherwise be covered by Licensee's insurance in accordance with the provisions of this agreement, will be covered as if Licensee elected not to include a self-insured retention or other financial responsibility for claims. 15.5.5 Prior to entering the Premises or commencing the services or work, Licensee shall furnish to Licensor an acceptable certificate(s) of insurance from an authorized representative evidencing the required coverage(s), endorsements, and amendments. 15.5.6 Licensee agrees to provide evidence to Licensor that it has the required coverage in place at least annually or in the event of a renewal or material change of coverage. 15.5.7 Any insurance policy shall be written by a reputable insurance company acceptable to Licensor or with a current Best's Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provided. 15.5.8 If the coverage provided by any of the insurance policies required by this agreement is purchased on a "claims made" basis, Licensee hereby agrees to maintain coverage in force for a minimum of three years after expiration, cancellation or termination of this agreement. 15.5.9 Licensee agrees to provide evidence to Licensor that it has the required coverage in place at least annually or in the event of a renewal or material change of coverage. 15.5.10 Licensee represents that this License has been thoroughly reviewed by Licensee's insurance agent(s)/broker(s), and that Licensee has instructed them to procure the insurance coverage required by this License. 15.5.11 Not more frequently than once every five years, Licensor may, at its discretion, reasonably modify the insurance requirements to reflect the then-current risk management practices in the railroad industry and underwriting practices in the insurance industry. 15.5.12 If Licensee will subcontract any portion of the operation, Licensee shall require that the subcontractor provide and maintain insurance coverage(s) as set forth herein, naming Licensor as an additional insured. In addition, Licensee shall require that the subcontractor shall release, defend and indemnify Licensee to the same extent and under the same terms and conditions as Licensee is required to release, defend and indemnify Licensor under this agreement. 15.5.13 Failure to provide evidence as required by this section shall entitle, but not require, Licensor to terminate this License immediately. Acceptance of a certificate that does not comply with this section shall not operate as a waiver of Licensee's obligations hereunder. 15.5.14 The fact that Licensee obtains insurance (including, without limitation, self-insurance) shall not release or diminish Licensee’s liabilities or obligations including, without limitation, the liabilities and obligations under the indemnity provisions of the License. Damages recoverable by Licensor shall not be limited by the amount of the required insurance coverage. 15.5.15 In the event of a claim or lawsuit involving Licensor arising out of this Agreement, Licensee will make the policy covering such claims or lawsuits available to Licensor. 15.5.16 If Licensee maintains broader coverage and/or higher limits than the minimum requirements in this Agreement, Licensor requires and shall be entitled to the broader coverage Page 96 Tracking #21W-11124 - 9 - Form 420; Rev.20190916 and/or the higher limits. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to Licensor. 15.5.17 These insurance provisions are intended to be a separate and distinct obligation on the part of the Licensee. Therefore, these provisions shall be enforceable and Licensee shall be bound thereby regardless of whether or not indemnity provisions are determined to be enforceable in the jurisdiction in which the work or services performed under this License is performed. 15.5.18 For purposes of this Section 15, Licensor shall mean "Burlington Northern Santa Fe, LLC", "BNSF Railway Company" and the subsidiaries, successors, assigns and affiliates of each. COMPLIANCE WITH LAWS, REGULATIONS AND ENVIRONMENTAL MATTERS 16. Compliance with Laws, Rules, and Regulations. 16.1 Licensee shall observe and comply with any and all applicable federal, state, local and tribal laws, statutes, regulations, ordinances, orders, covenants, restrictions, or decisions of any court of competent jurisdiction ("Legal Requirements") relating to the construction, maintenance and use of the Communication Line and the use of the Premises. 16.2 Prior to entering the Premises, Licensee shall and shall cause its contractor(s) to comply with all of Licensor's applicable safety rules and regulations. Licensee must ensure that each of its employees, contractors, agents or invitees entering upon the Premises completes the safety orientation program at the Website "www.BNSFcontractor.com" (the "Safety Orientation") within one year prior to entering upon the Premises. Additionally, Licensee must ensure that each and every employee of Licensee, its contractors, agents and invitees possess a card certifying completion of the Safety Orientation prior to entering upon the Premises. Licensee must renew (and ensure that its contractors, agents or invitees, as applicable renew) the Safety Orientation annually. 16.3 Licensee shall obtain on or before the date it or its contractor enters the Premises, any and all additional rights-of way, easements, licenses and other agreements relating to the grant of rights and interests in and/or access to the Premises (collectively, the "Rights") and such other rights, licenses, permits, authorizations, and approvals (including without limitation, any necessary local, state, federal or tribal authorizations and environmental permits) that are necessary in order to permit Licensee to construct, maintain, own and operate the Communication Line and otherwise to perform its obligations hereunder in accordance with the terms and conditions hereof. 16.4 Licensee shall either require that the initial stated term of each such Rights be for a period that does not expire, in accordance with its ordinary terms, prior to the last day of the term of this License or, if the initial stated term of any such Right expires in accordance with its ordinary terms on a date earlier than the last day of the term of this License, Licensee shall, at its cost, exercise any renewal rights thereunder, or otherwise acquire such extensions, additions and/or replacements as may be necessary, in order to cause the stated term thereof to be continued until a date that is not earlier than the last day of the term of this License. 16.5 Upon the expiration or termination of any Right that is necessary in order for Licensee to own, operate or use the Communication Line in accordance with the terms and conditions of this License, this License thereby shall automatically expire upon such expiration or termination of the Right. 17. Environmental. 17.1 Licensee shall strictly comply with all federal, state and local environmental Legal Requirements and regulations in its use of the Premises, including, but not limited to, the Resource Conservation and Recovery Act, as amended (RCRA), the Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, and CERCLA (collectively referred to as the "Environmental Laws"). Licensee shall not maintain a treatment, storage, transfer or disposal facility, or underground storage tank, as defined by Environmental Laws on the Premises. Licensee shall not release or suffer the release of oil or hazardous substances, as defined by Environmental Laws on or about the Premises. Page 97 Tracking #21W-11124 - 10 - Form 420; Rev.20190916 17.2 Licensee covenants that it will not handle or transport "hazardous waste" or "hazardous substances", as "hazardous waste" and "hazardous substances" may now or in the future be defined by any federal, state, or local governmental agency or body on the Premises. Licensee agrees periodically to furnish Licensor with proof, satisfactory to Licensor that Licensee is in compliance with the provisions of this Section 17.2. 17.3 Licensee shall give Licensor immediate notice to Licensor's Resource Operations Center at (800) 832-5452 of any known (i) release of hazardous substances on, from, or affecting the Premises, (ii) violation of Environmental Laws, or (iii) inspection or inquiry by governmental authorities charged with enforcing Environmental Laws with respect to Licensee's use of the Premises. Licensee shall use the best efforts to promptly respond to any release on, from, or affecting the Premises. Licensee also shall give Licensor immediate notice of all measures undertaken on behalf of Licensee to investigate, remediate, respond to or otherwise cure such release or violation. 17.4 If Licensor has notice from Licensee or otherwise of a release or violation of Environmental Laws arising in any way with respect to the Communication Line which occurred or may occur during the term of this License, Licensor may require Licensee, at Licensee's sole risk and expense, to take timely measures to investigate, remediate, respond to or otherwise cure such release or violation affecting the Premises or Licensor's right-of-way. 17.5 Licensee shall promptly report to Licensor in writing any conditions or activities upon the Premises known to Licensee which create a risk of harm to persons, property or the environment and shall take whatever action is necessary to prevent injury to persons, property, or the environment arising out of such conditions or activities; provided, however, that Licensee's reporting to Licensor shall not relieve Licensee of any obligation whatsoever imposed on it by this License. Licensee shall promptly respond to Licensor's request for information regarding said conditions or activities. DISCLAIMER OF WARRANTIES 18. No Warranties. 18.1 LICENSOR'S DUTIES AND WARRANTIES ARE LIMITED TO THOSE EXPRESSLY STATED IN THIS LICENSE AND SHALL NOT INCLUDE ANY IMPLIED DUTIES OR IMPLIED WARRANTIES, NOW OR IN THE FUTURE. NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE BY LICENSOR OTHER THAN THOSE CONTAINED IN THIS LICENSE. LICENSEE HEREBY WAIVES ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PREMISES OR WHICH MAY EXIST BY OPERATION OF LAW OR IN EQUITY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 18.2 LICENSOR MAKES NO WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING (A) THE SCOPE OF THE LICENSE OR OTHER RIGHTS GRANTED HEREUNDER TO LICENSEE OR (B) WHETHER OR NOT LICENSEE’S CONSTRUCTION, MAINTENANCE, OWNERSHIP, USE OR OPERATION OF THE COMMUNICATION LINE WILL VIOLATE OR INFRINGE UPON THE RIGHTS, INTERESTS AND ESTATES OF THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, ANY LEASES, USE RIGHTS, EASEMENTS AND LIENS OF ANY THIRD PARTY. 19. Disclaimer of Warranty for Quiet Enjoyment. LICENSOR DOES NOT WARRANT ITS TITLE TO THE PREMISES NOR UNDERTAKE TO DEFEND LICENSEE IN THE PEACEABLE POSSESSION OR USE THEREOF. NO COVENANT OF QUIET ENJOYMENT IS MADE. 20. Eviction at Risk of Licensee. In case of the eviction of Licensee by anyone owning, claiming title to, or claiming any interest in the Premises, or by the abandonment by Licensor of the affected rail corridor, Licensor shall not be liable (i) to refund Licensee any compensation paid hereunder, except for the pro-rata part of any recurring charge paid in advance, or (ii) for any damages or costs Licensee sustains in connection with the eviction. Page 98 Tracking #21W-11124 - 11 - Form 420; Rev.20190916 LIENS AND TAXES 21. Liens and Charges. Licensee shall promptly pay and discharge any and all liens arising out of any construction, alterations or repairs done, suffered or permitted to be done by Licensee on the Premises. Licensor is hereby authorized to post any notices or take any other action upon or with respect to the Premises that is or may be permitted by law to prevent the attachment of any such liens to the Premises; provided, however, that failure of Licensor to take any such action shall not relieve Licensee of any obligation or liability under this Section 21 or any other Section of this License. 22. Taxes. Licensee shall pay when due any taxes, assessments or other charges (collectively, "Taxes") levied or assessed by any governmental or quasi-governmental body upon the Communication Line or any other improvements constructed or installed on the Premises by or for Licensee (collectively, the "Improvements") or any Taxes levied or assessed against Licensor or the Premises that are attributable to the Improvements. DEFAULT, TERMINATION, AND SURRENDER 23. Default and Termination. In addition to and not in limitation of Licensor's right to terminate for failure to provide evidence of insurance as required pursuant to the terms of Section 15, the following events are also deemed to be events of default pursuant to which Licensor has the right to terminate as set forth below: 23.1 If default shall be made in any of Licensee's covenants, agreements, or obligations contained in this License and Licensee fails to cure said default within thirty (30) days after written notice is provided to Licensee by Licensor, or in case of any assignment or transfer of this License in violation of Section 26 below, Licensor may, at its option, terminate this License by serving five (5) days' notice in writing upon Licensee. Notwithstanding the foregoing, Licensor shall have the right to terminate this License immediately if Licensee fails to provide evidence of insurance as required in Section 15. 23.2 Should Licensee not comply fully with the obligations of Section 17 regarding the handling or transporting of hazardous waste or hazardous material, notwithstanding anything contained in any other provision of this License, Licensor may, at its option, terminate this License by serving five (5) days' notice of termination upon Licensee. 23.3 Any waiver by Licensor of any default or defaults shall not constitute a waiver of the right to terminate this License for any subsequent default or defaults, nor shall any such waiver in any way affect Licensor's ability to enforce any Section of this License. The remedies set forth in this Section 23 shall be in addition to, and not in limitation of, any other remedies that Licensor may have at law or in equity. 23.4 In addition to and not in limitation of Licensor's rights to terminate this License for failure to provide evidence of insurance or occurrence of defaults as described above, this License may be terminated by either party, at any time, by serving thirty (30) days' written notice of termination upon the other party. Such termination shall not release either party hereto from any liability or obligation under the License, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or thereafter in case by the terms of the License it is provided that anything shall or may be done after termination hereof. 23.5 Licensee agrees not to assert that termination of this License is a discontinuance in service that requires prior approval by the FCC and represents and warrants that it has redundant facilities that would allow it to continue the provision of service after termination of this License. 24. Surrender of the Premises. 24.1 On or before expiration or termination of this License for any reason, Licensee shall, at its sole cost and expense: 24.1.1 if so directed by Licensor in writing, remove the Improvements, the Communication Line and all appurtenances thereto, or, at the sole discretion of Licensor, appropriately decommission the Communication Line with a method satisfactory to Licensor; Page 99 Tracking #21W-11124 - 12 - Form 420; Rev.20190916 24.1.2 report and restore any damage to the Premises or Licensor's other property arising from, growing out of, or connected with Licensee's use of the Premises; 24.1.3 remedy any unsafe conditions on the Premises created or aggravated by Licensee; and 24.1.4 leave the Premises in substantially the condition which existed as of the Effective Date or as otherwise agreed to by Licensor. 24.2 Upon any expiration or termination of this License, if Licensee fails to surrender the Premises to Licensor or if Licensee fails to complete its obligations under Section 24.1 above (the "Restoration Obligations"), Licensee shall have a limited license to enter upon the Premises solely to the extent necessary for Licensee to complete the Restoration Obligations, and all liabilities and obligations of Licensee hereunder shall continue in effect until the Premises are surrendered and the Restoration Obligations are completed. Neither termination nor expiration shall release Licensee from any liability or obligation under this License, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination, or, if later, the date when Licensee surrenders the Premises and all of the Restoration Obligations are completed. 24.3 If Licensee fails to complete the Restoration Obligations within thirty (30) days after the date of such termination of its tenancy, then Licensor may, at its election, either: (i) remove the Communication Line and the other Improvements or otherwise restore the Premises, and in such event Licensee shall, within thirty (30) days after receipt of bill therefor, reimburse Licensor for cost incurred, (ii) upon written notice to Licensee, take and hold the Communication Line and the other Improvements and personal property as its sole property, without payment or obligation to Licensee therefor, or (iii) specifically enforce Licensee's obligation to restore and/or pursue any remedy at law or in equity against Licensee for failure to so restore. Further, if Licensor has consented to the Communication Line and the other Improvements remaining on the Premises following termination, Licensee shall, upon request by Licensor, provide a bill of sale in a form acceptable to Licensor conveying the Communication Line and the other Improvements to Licensor for no additional consideration at no additional cost. MISCELLANEOUS 25. Successors and Assigns. All provisions contained in this License shall be binding upon, inure to the benefit of, and be enforceable by the respective successors and assigns of Licensor and Licensee to the same extent as if each such successor and assign was named a party to this License. 26. Assignment. 26.1 Licensee may not sell, assign, transfer, or hypothecate this License or any right, obligation, or interest herein (either voluntarily or by operation of law, merger, or otherwise) without the prior written consent of Licensor, which consent may not be unreasonably withheld or delayed by Licensor. Any attempted assignment by Licensee in violation of this Section 26 shall be a breach of this License and, in addition, shall be voidable by Licensor in its sole and absolute discretion. 26.2 For purposes of this Section 26, the word "assign" shall include without limitation (a) any sale of the equity interests of Licensee following which the equity interest holders of Licensee immediately prior to such sale own, directly or indirectly, less than 50% of the combined voting power of the outstanding voting equity interests of Licensee, (b) any sale of all or substantially all of the assets of (i) Licensee and (ii) to the extent such entities exist, Licensee's parent and subsidiaries, taken as a whole, or (c) any reorganization, recapitalization, merger or consolidation involving Licensee. Notwithstanding the foregoing, any reorganization, recapitalization, merger or consolidation following which the equity interest holders of Licensee immediately prior to such reorganization, recapitalization, merger or consolidation own, directly or indirectly, at least 50% of the combined voting power of the outstanding voting equity interests of Licensee or any successor thereto or the entity resulting from such reorganization, recapitalization, merger or consolidation shall not be deemed an assignment. THIS LICENSE SHALL NOT RUN WITH THE LAND WITHOUT THE EXPRESS WRITTEN CONSENT OF LICENSOR, SUCH CONSENT TO BE IN LICENSOR'S SOLE DISCRETION. Page 100 Tracking #21W-11124 -13 - Form 420; Rev.20190916 26.3 Notwithstanding the provisions of Section 26.1 above or anything contained in this License to the contrary, if Licensee sells, assigns, transfers, or hypothecates this License or any interest herein in contravention of the provisions of this License (a "Purported Assignment") to another party (a "Purported Transferee"), the Purported Transferee's enjoyment of the rights and privileges granted under this License shall be deemed to be the Purported Transferee's agreement to be bound by all of the terms and provisions of this License, including but not limited to the obligation to comply with the provisions of Section 15 above concerning insurance requirements. In addition to and not in limitation of the foregoing, Licensee, for itself, its successors and assigns, shall indemnify, defend and hold harmless Licensor for all Liabilities of any nature, kind or description of any person or entity directly or indirectly arising out of, resulting from or related to (in whole or in part) a Purported Assignment. The provisions of this Section 26.3 shall survive the expiration or earlier termination of this License. 26.4 Licensor shall have the right to transfer or assign, in whole or part, all of its rights and obligations under this License, and upon any such transfer or assignment, Licensor shall be released from any further obligations hereunder, and Licensee agrees to look solely to the successor in interest of Licensor for the performance of such obligations. 27.Notices. Any notice, invoice, or other writing required or permitted to be given hereunder by one party to the other shall be in writing and the same shall be given and shall be deemed to have been served and given if (i) placed in the United States mail, certified, return receipt requested, or (ii) deposited into the custody of a nationally recognized overnight delivery service, addressed to the party to be notified at the address for such party specified below, or to such other address as the party to be notified may designate by giving the other party no less than thirty (30) days' advance written notice of such change in address. If to Licensor: Jones Lang LaSalle Brokerage, Inc. 4200 Buckingham Rd., Suite 110 Fort Worth, TX 76155 Attn: Permits/Licenses with a copy to: BNSF Railway Company 2650 Lou Menk Dr. Fort Worth, TX 76131-2830 Attn: Senior Manager Real Estate If to Licensee: City of Rancho Cucamonga 10500 Civic Center Dr Rancho Cucamonga, California 91730 28.Survival. Neither termination nor expiration will release either party from any liability or obligation under this License, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or expiration, or, if later, the date when the Communication Line and the other Improvements are removed and the Restoration Obligations are completed in accordance with the terms hereof. 29.Recordation. It is understood and agreed that this License shall not be placed or allowed to be placed on public record. 30.Applicable Law. All questions concerning the interpretation or application of provisions of this License shall be decided according to the substantive laws of the State of California without regard to conflicts of law provisions. 31.Severability. To the maximum extent possible, each provision of this License shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this License shall be prohibited by, or held to be invalid under, applicable law, such provision shall be ineffective solely to the extent of such prohibition or invalidity, and this shall not invalidate the remainder of such provision or any other provision of this License. 32.Integration. This License is the full and complete agreement between Licensor and Licensee with respect to all matters relating to Licensee's use of the Premises, and supersedes any and all other agreements between the parties hereto relating to Licensee's use of the Premises as described herein. However, nothing herein is intended Page 101 Tracking #21W-11124 - 14 - Form 420; Rev.20190916 to terminate any surviving obligation of Licensee or Licensee's obligation to defend and hold Licensor harmless in any prior written agreement between the parties. 33. Joint and Several Liability. If Licensee consists of two or more parties, all the covenants and agreements of Licensee herein contained shall be the joint and several covenants and agreements of such parties. 34. Waiver. The waiver by Licensor of the breach of any provision herein by Licensee shall in no way impair the right of Licensor to enforce that provision for any subsequent breach thereof. 35. Interpretation. 35.1 This License shall be interpreted in a neutral manner, and not more strongly for or against any party based upon the source of the draftsmanship; both parties hereby agree that this License shall not be subject to the principle that a contract would be construed against the party which drafted the same. Article titles, headings to sections and paragraphs and the table of contents (if any) are inserted for convenience of reference only and are not intended to be a part or to affect the meaning or interpretation hereof. The exhibit or exhibits referred to herein shall be construed with and as an integral part of this License to the same extent as if they were set forth verbatim herein. 35.2 As used herein, "include", "includes" and "including" are deemed to be followed by "without limitation" whether or not they are in fact followed by such words or words of like import; "writing", "written" and comparable terms refer to printing, typing, lithography and other means of reproducing words in a visible form; references to any person are also to that person's successors and permitted assigns; "hereof", "herein", "hereunder" and comparable terms refer to the entirety hereof and not to any particular article, section, or other subdivision hereof or attachment hereto; references to any gender include references to the masculine or feminine as the context requires; references to the plural include the singular and vice versa; and references to this License or other documents are as amended, modified or supplemented from time to time. 36. Counterparts. This License may be executed in multiple counterparts, each of which shall, for all purposes, be deemed an original but which together shall constitute one and the same instrument, and the signature pages from any counterpart may be appended to any other counterpart to assemble fully executed documents, and counterparts of this License may also be exchanged electronically and any electronic version of any party's signature shall be deemed to be an original signature for all purposes. 37. Licensor's Representative. Jones Lang LaSalle Brokerage, Inc. is acting as representative for BNSF Railway Company. END OF PAGE – SIGNATURE PAGE FOLLOWS Page 102 Tracking #21W-11124 - 15 - Form 420; Rev.20190916 This License has been duly executed by the parties hereto as of the Effective Date. LICENSOR: BNSF Railway Company, a Delaware corporation By: Jones Lang LaSalle Brokerage, Inc. 4200 Buckingham Road, Suite 110 Fort Worth, TX 76155 By: Title: Date: LICENSEE: City of Rancho Cucamonga, a California municipality By: Title: Date: Page 103 Jones Lang LaSalle Brokerage, Inc. 4200 Buckingham Rd., Suite 110 Fort Worth, Texas 76155 tel +1 817-230-2600, fax +1 817 306-8265 October 14, 2021 City of Rancho Cucamonga 21W-11057 Attention: Mr. Matthew Addington 10500 Civic Center Dr. Rancho Cucamonga, California 91730 Dear Mr. Addington: Attached please find a copy of the requested contract for execution by an official authorized to execute contract agreements on behalf of your company. Please print one (1) copy, execute, and return with original signature for completion on part of BNSF Railway Company (“BNSF”) to this office, along with the following requirements: •A check in the amount of $3,700.00 payable to BNSF Railway Company which covers the contract fee. Please note the agreements cannot be executed by BNSF without an approved insurance certificate. If there are any issues with your insurance, you will be contacted by a member of the Risk Management team of BNSF Railway. 1.A Certificate of Insurance as required in the agreement. 2.A separate policy for Railroad Protective Liability Insurance as required in the agreement (ORIGINAL POLICY MUST BE PROVIDED). BNSF Railway Company will be the only insured party; OR; In lieu of providing a separate policy for Railroad Protective Liability Insurance, you may participate in the BNSF’s Railroad Protective Policy by checking the appropriate box in the contract and including an additional $506.00 with your check. PLEASE ADVISE IF THIS PROJECT IS ARRA FUNDED. Licensee must ensure that each of its employees, contractors, agents or invitees entering upon the premises completes the safety orientation program at the website www.BNSFcontractor.com prior to entering upon the premises. The certification is good for one year, and each person entering the premises must possess the card certifying completion. Acceptance and deposit of any check by BNSF does not constitute an agreement between BNSF and Licensee for the requested license. BNSF shall not be obligated to hold the check in a separate fund, but may commingle the funds with other funds of BNSF, and in no event shall BNSF be responsible for interest on said funds. The enclosed permit is not a binding agreement and shall become binding only when, and if, it is executed by you and fully approved and executed by BNSF Railway Company. Upon completion on behalf of BNSF, one fully executed counterpart will be returned for your records. The specifications/plans you provided may differ from BNSF’s minimum specification requirements. Therefore, prior to your installation, please review the Exhibit A to determine the specifications necessary for your installation. Please be informed that if contracts, fees, and insurance are not returned within sixty (60) days, the processing fee will increase to $1,600.00. Sincerely, Amanda Reyna Manager - Permits Attachment ATTACHMENT 3Page104 Tracking #21W-11057 - 1 - Form 421; Rev. 20200605 LICENSE FOR ELECTRIC SUPPLY LINE ACROSS OR ALONG RAILWAY PROPERTY (Electric Light, Power Supply, Irrespective of Voltage, Overhead or Underground) THIS LICENSE FOR ELECTRIC SUPPLY LINE ("License") is made to be effective ____________, 2021 (the "Effective Date") by and between BNSF RAILWAY COMPANY, a Delaware corporation ("Licensor") and CITY OF RANCHO CUCAMONGA, a California municipality ("Licensee"). In consideration of the mutual covenants contained herein, the parties agree to the following: GENERAL 1. Grant of License. Licensor hereby grants Licensee a non-exclusive license, subject to all rights, interests, and estates of third parties, including, without limitation, any leases, use rights, easements, liens, or other encumbrances, and upon the terms and conditions set forth below, to construct and maintain, in strict accordance with the drawings and specifications approved by Licensor as part of Licensee's application process (the "Drawings and Specifications"), an electric supply line containing a maximum of Three (3) conductors, together with its supporting or containing structures (collectively, the "Electric Supply Line"), across or along Licensor's rail corridor at or near the station of Rancho Cucamonga, County of San Bernardino, State of California, Line Segment 7608, Mile Post 41.41 as shown on the attached Drawing No. 82085, dated September 24, 2021, attached hereto as Exhibit "A" and incorporated herein by reference (the "Premises"). 2. Term. This License shall commence on the Effective Date and shall continue for a period of twenty-five (25) years, subject to prior termination as hereinafter described. 3. Existing Improvements. Licensee shall not disturb any improvements of Licensor or Licensor's existing lessees, licensees, easement beneficiaries or lien holders, if any, or interfere with the use, repair, maintenance or replacement of such improvements. 4. Use of the Premises. Licensee shall use the Premises solely for construction, maintenance, and use of the Electric Supply Line in accordance with the Drawings and Specifications. Licensee shall not use the Premises for any other purpose and Licensee is expressly prohibited from using or allowing any telecommunication facilities or equipment within the Premises or using or allowing the use of the Premises for any other purpose. 5. Alterations. Except as set forth in this License, Licensee may not make any alterations to the Premises or permanently affix anything to the Premises or any buildings or other structures adjacent to the Premises without Licensor's prior written consent. COMPENSATION 6. License Fee. Licensee shall pay Licensor, prior to the Effective Date, the sum of Three Thousand Seven Hundred and No/100 Dollars ($3,700) as compensation for the use of the Premises. 7. Costs and Expenses. 7.1 For the purpose of this License, "cost" or "costs" and "expense" or "expenses" includes, but is not limited to, actual labor and material costs including all assignable additives, and material and supply costs at current value where used. 7.2 Licensee agrees to reimburse Licensor (pursuant to the terms of Section 8 below) for all costs and expenses incurred by Licensor in connection with Licensee's use of the Premises or the presence, construction and maintenance of the Electric Supply Line, including but not limited to the furnishing of Licensor's flaggers and any vehicle rental costs incurred, inspection coordination, safety, mobilization and/or other observation services described in this License (collectively, the "Services"). Licensee shall Page 105 Tracking #21W-11057 - 2 - Form 421; Rev. 20200605 bear the cost of the Services when deemed necessary by Licensor's representative. Flagging costs shall include, but not be limited to, the following: pay for at least an eight (8) hour basic day with time and one- half or double time for overtime, rest days and holidays (as applicable); vacation allowance; paid holidays (as applicable); railway and unemployment insurance; public liability and property damage insurance; health and welfare benefits; transportation; meals; lodging and supervision. Negotiations for railway labor or collective bargaining agreements and rate changes authorized by appropriate Federal authorities may increase flagging rates. Flagging rates in effect at the time of performance by the flaggers will be used to calculate the flagging costs pursuant to this Section 7. 7.3 Licensor, at its sole discretion, may elect to designate a third party (the "Scheduling Agent"), to perform and/or arrange for the performance of the Services. 8. Payment Terms. All invoices are due thirty (30) days after the date of invoice. If Licensee fails to pay any monies due to Licensor within thirty (30) days after the invoice date, then Licensee shall pay interest on such unpaid sum from the due date until paid at an annual rate equal to the lesser of (i) the prime rate last published in The Wall Street Journal in the preceding December plus two and one-half percent (2-1/2%), or (ii) the maximum rate permitted by law. LICENSOR'S RESERVED RIGHTS 9. Reserved Rights of Use. Licensor excepts and reserves the right, to be exercised by Licensor and any other parties who may obtain written permission or authority from Licensor: 9.1 to maintain, use, operate, repair, replace, modify and relocate any utility, power or communication pipe/lines/cables and appurtenances (other than the Electric Supply Line) and other facilities or structures of like character upon, over, under or across the Premises existing as of the Effective Date; 9.2 to construct, maintain, renew, use, operate, change, modify and relocate any tracks or additional facilities, structures and related appurtenances upon, over, under or across the Premises; or 9.3 to use the Premises in any manner as Licensor in its sole discretion deems appropriate, provided Licensor uses all commercially reasonable efforts to avoid material interference with the use of the Premises by Licensee for the purpose specified in Section 4 above. 10. Right to Require Relocation. If at any time during the term of this License, Licensor desires the use of its rail corridor in such a manner as would, in Licensor's reasonable opinion, be interfered with by the Electric Supply Line, Licensee shall, at its sole expense, within thirty (30) days after receiving written notice from Licensor to such effect, make such changes in the Electric Supply Line as in the sole discretion of Licensor may be necessary to avoid interference with the proposed use of Licensor's rail corridor, including, without limitation, the relocation of the Electric Supply Line, or the construction of a new electric line to replace the Electric Supply Line. Notwithstanding the foregoing, Licensee agrees to make all emergency changes and minor adjustments, as determined by Licensor in its sole discretion, to the Electric Supply Line promptly upon Licensor's request. LICENSEE'S OPERATIONS 11. Construction and Maintenance of the Electric Supply Line. 11.1 Licensee shall not enter the Premises or commence construction unless accompanied by Licensor's representative, the Scheduling Agent or its designee. Licensee shall notify Licensor's Roadmaster, at , telephone , at least ten (10) business days prior to installation of the Electric Supply Line and prior to entering the Premises for any subsequent maintenance thereon. In the event of emergency, Licensee shall notify Licensor of Licensee's entry onto the Premises at the telephone number above as soon as practicable and shall promptly thereafter follow up with written notice of such entry. Page 106 Tracking #21W-11057 - 3 - Form 421; Rev. 20200605 11.2 Licensee's on-site supervisors shall retain/maintain a fully executed copy of this License at all times while on the Premises. 11.3 While on the Premises, Licensee shall use only public roadways to cross from one side of Licensor's tracks to the other. 11.4 Any contractors or subcontractors performing work on the Electric Supply Line or entering the Premises on behalf of Licensee shall be deemed servants and agents of Licensee for purposes of this License. 11.5 Under no conditions shall Licensee be permitted to conduct any tests, investigations or any other activity using mechanized equipment and/or machinery, or place or store any mechanized equipment, tools or other materials, within twenty-five (25) feet of the centerline of any railroad track on the Premises unless Licensee has obtained prior written approval from Licensor. Licensee shall, at its sole cost and expense, perform all activities on and about the Premises, including without limitation all construction and maintenance of the Electric Supply Line, in such a manner and of such materials as not at any time to endanger or interfere with (i) the existence or use of present or future tracks, roadbeds, or property of Licensor, (ii) the safe operation and activities of Licensor or existing third parties, or (iii) the rights or interests of third parties. If ordered to cease using the Premises at any time by Licensor's personnel due to any hazardous condition, Licensee shall immediately do so. Notwithstanding the foregoing right of Licensor, the parties agree that Licensor has no duty or obligation to monitor Licensee's use of the Premises to determine the safe nature thereof, it being solely Licensee's responsibility to ensure that Licensee's use of the Premises is safe. Neither the exercise nor the failure by Licensor to exercise any rights granted in this Section will alter the liability allocation provided by this License. 11.6 Licensee shall, at its sole cost and expense, construct and maintain the Electric Supply Line in such a manner and of such material that the Electric Supply Line will not at any time endanger or interfere with (i) the existence or use of present or future tracks, roadbeds, or property of Licensor, (ii) the safe operation and activities of Licensor or existing third parties, or (iii) the rights or interests of third parties. The construction of the Electric Supply Line shall be completed within one (1) year of the Effective Date, and any subsequent maintenance shall be completed within one (1) year of initiation. Within fifteen (15) days after completion of the construction of the Electric Supply Line or the performance of any subsequent maintenance thereon, Licensee shall, at Licensee's own cost and expense, restore the Premises to substantially their state as of the Effective Date, unless otherwise approved in advance by Licensor in writing. On or before expiration or termination of this License for any reason, Licensee shall, at its sole cost and expense, surrender the Premises to Licensor pursuant to the terms and conditions set forth in Section 24 hereof. 11.7 Licensor may direct one or more of its field engineers or inspectors to observe or inspect the construction and/or maintenance of the Electric Supply Line at any time for compliance with the Drawings and Specifications and Legal Requirements (defined below). Licensee shall reimburse Licensor for the cost of such observation or inspection related services pursuant to Section 8. If ordered at any time to halt construction or maintenance of the Electric Supply Line by Licensor's personnel due to non-compliance with the Drawings and Specifications or any other hazardous condition, Licensee shall immediately do so. Notwithstanding the foregoing right of Licensor, the parties agree that Licensor has no duty or obligation to observe or inspect, or to halt work on, the Electric Supply Line, it being solely Licensee's responsibility to ensure that the Electric Supply Line is constructed and maintained in strict accordance with the Drawings and Specifications and in a safe and workmanlike manner in compliance with all terms hereof. Neither the exercise of, nor the failure by Licensor to exercise, any right granted by this Section will alter in any way the liability allocation provided by this License. If at any time Licensee shall, in the sole judgment of Licensor, fail to properly perform its obligations under this Section 11, Licensor may, at its option and at Licensee's sole expense, arrange for the performance of such work as it deems necessary for the safety of its operations and activities. Licensee shall promptly reimburse Licensor for all costs and expenses of such work, pursuant to the terms of Section 8. Licensor's failure to perform any obligations of Licensee shall not alter the liability allocation hereunder. Page 107 Tracking #21W-11057 - 4 - Form 421; Rev. 20200605 11.8 Licensee shall, at its sole cost and expense, construct and at all times maintain the Electric Supply Line in accordance with the National Electric Safety Code. 11.9 If the operation or maintenance of the Electric Supply Line at any time causes interference, including but not limited to physical interference from electromagnetic induction, electrostatic induction, or from stray or other currents, with the facilities of Licensor or of any lessee or licensee of Licensor, or in any manner interfere with the operation, maintenance, or use by Licensor of its right-of-way, tracks, structures, pole lines, signal and communication lines, radio, or other equipment, devices, other property or appurtenances thereto, Licensee agrees immediately to make such changes in the Electric Supply Line and furnish such protective devices and/or replacement equipment to Licensor and its lessees or licensees as shall be necessary, in the judgment of Licensor's representative, to eliminate such interference. The cost of such protective devices and their installations shall be borne solely by Licensee. If any of the interference covered by this Section 11.9 shall be, in the judgment of Licensor, of such importance to the safety of Licensor's operations as to require immediate corrective action, Licensee, upon notice from Licensor, shall either, at Licensor's election, cease using the Electric Supply Line for any purpose whatsoever and remove same, or reduce the voltage or load on the Electric Supply Line, or take such other interim protective measures as Licensor may deem advisable, until the protective devices and/or replacement equipment required by this Section 11.9 have been installed, put in operation, tested, and found to be satisfactory to correct the interference. 11.10 Licensee shall, at its sole cost and expense, remove all combustible material from around wooden poles on the Premises, if any, and will at all times keep the space around such poles free of such material, and if removal of such combustible material shall not be attended to with fifteen (15) days after having been requested by Licensor to do so, Licensor shall have the right itself to perform the work and Licensee hereby agrees to reimburse Licensor for the expense so incurred. 11.11 Cutting head must travel at 0.0% grade (or downward) beginning 25’ (minimum) from centerline of track until it reaches a point 25’ (minimum) from the centerline of track. Minimum pressure must be applied to pumping the slurry to the cutting head during drilling. This will deter the bentonite slurry used for lubrication from seeping up and fouling the track roadbed. A BNSF Flagman must be present during installation and will monitor the ballast and roadbed. 12. Boring and Excavation. 12.1 Prior to Licensee conducting any boring, excavation, or similar work on or about any portion of the Premises, Licensee shall contact the applicable State's call-before-you-dig utility location service to have 3rd parties mark the location of utilities. Licensee shall explore the proposed location for such work with hand tools to a depth of at least three (3) feet below the surface of the ground to determine whether pipelines or other structures exist below the surface, provided, however, that in lieu of the foregoing hand-tool exploration, Licensee shall have the right to use suitable detection equipment or other generally accepted industry practice (e.g., consulting with the State Infrastructure Corporation) to determine the existence or location of pipelines and other subsurface structures prior to drilling or excavating with mechanized equipment. Licensee shall request information from Licensor concerning the existence and approximate location of Licensor's underground lines, utilities, and pipelines at or near the vicinity of the proposed Electric Supply Line by contacting Licensor's Telecommunications Helpdesk, currently at 1-800-533-2891 (option 1, then option 7), at least ten (10) business days prior to installation of the Electric Supply Line. Upon receiving Licensee's timely request, Licensor will provide Licensee with the information Licensor has in its possession regarding any existing underground lines, utilities, and pipelines at or near the vicinity of the proposed Electric Supply Line and, if applicable, identify the location of such lines on the Premises pursuant to Licensor's standard procedures. Licensor does not warrant the accuracy or completeness of information relating to subsurface conditions of the Premises and Licensee's operations will be subject at all times to the liability provisions herein. 12.2 For all bores greater than 26-inch diameter and at a depth less than 10.0 feet below bottom of rail, a soil investigation must be performed by Licensee and reviewed by Licensor prior to construction. This study is to determine if granular material is present, and to prevent subsidence during the installation process. If Page 108 Tracking #21W-11057 - 5 - Form 421; Rev. 20200605 the investigation determines in Licensor's reasonable opinion that granular material is present, Licensor may select a new location for Licensee's use, or may require Licensee to furnish for Licensor's review and approval, in Licensor's sole discretion, a remedial plan to deal with the granular material. Once Licensor has approved any such remedial plan in writing, Licensee shall, at Licensee's sole cost and expense, carry out the approved plan in accordance with all terms thereof and hereof. 12.3 Any open hole, boring, or well constructed on the Premises by Licensee shall be safely covered and secured at all times when Licensee is not working in the actual vicinity thereof. Following completion of that portion of the work, all holes or borings constructed on the Premises by Licensee shall be: 12.3.1 filled in to surrounding ground level with compacted bentonite grout; or 12.3.2 otherwise secured or retired in accordance with any applicable Legal Requirement. No excavated materials may remain on Licensor's property for more than ten (10) days, but must be properly disposed of by Licensee in accordance with applicable Legal Requirements. LIABILITY AND INSURANCE 13. Liability and Indemnification. 13.1 For purposes of this License: (a) "Indemnitees" means Licensor and Licensor's affiliated companies, partners, successors, assigns, legal representatives, officers, directors, shareholders, employees, and agents; (b) "Liabilities" means all claims, liabilities, fines, penalties, costs, damages, losses, liens, causes of action, suits, demands, judgments, and expenses (including, without limitation, court costs, reasonable attorneys' fees, costs of investigation, removal and remediation, and governmental oversight costs) environmental or otherwise; and (c) "Licensee Parties" means Licensee and Licensee's officers, agents, invitees, licensees, employees, or contractors, or any party directly or indirectly employed by any of them, or any party they control or exercise control over. 13.2 TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE SHALL, AND SHALL CAUSE ITS CONTRACTOR TO, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS INDEMNITEES FOR, FROM, AND AGAINST ANY AND ALL LIABILITIES OF ANY NATURE, KIND, OR DESCRIPTION DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM, OR RELATED TO (IN WHOLE OR IN PART): 13.2.1 THIS LICENSE, INCLUDING, WITHOUT LIMITATION, ITS ENVIRONMENTAL PROVISIONS, 13.2.2 ANY RIGHTS OR INTERESTS GRANTED PURSUANT TO THIS LICENSE, 13.2.3 LICENSEE'S OCCUPATION AND USE OF THE PREMISES, 13.2.4 THE ENVIRONMENTAL CONDITION AND STATUS OF THE PREMISES CAUSED BY OR CONTRIBUTED TO BY LICENSEE, OR 13.2.5 ANY ACT OR OMISSION OF ANY LICENSEE PARTY. 13.3 TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE NOW AND FOREVER WAIVES, AND WILL INDEMNIFY, DEFEND, AND HOLD THE INDEMNITEES HARMLESS FROM ANY AND ALL CLAIMS THAT BY VIRTUE OF ENTERING INTO THIS LICENSE, LICENSOR IS A GENERATOR, OWNER, OPERATOR, ARRANGER, OR TRANSPORTER FOR THE PURPOSES OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT, AS AMENDED ("CERCLA") OR OTHER ENVIRONMENTAL LAWS (DEFINED BELOW). NOTHING IN THIS LICENSE IS MEANT BY EITHER PARTY TO CONSTITUTE A WAIVER OF ANY INDEMNITEE'S COMMON CARRIER DEFENSES AND THIS LICENSE SHOULD NOT BE SO CONSTRUED. IF ANY AGENCY OR COURT CONSTRUES THIS LICENSE TO BE A WAIVER OF ANY INDEMNITEE'S COMMON CARRIER DEFENSES, LICENSEE AGREES TO INDEMNIFY, HOLD HARMLESS, AND Page 109 Tracking #21W-11057 - 6 - Form 421; Rev. 20200605 DEFEND INDEMNITEES FOR ANY LIABILITIES RELATED TO THAT CONSTRUCTION OF THIS LICENSE. IN NO EVENT AS BETWEEN LICENSOR AND LICENSEE AS TO USE OF THE PREMISES AS CONTEMPLATED BY THIS LICENSE SHALL LICENSOR BE RESPONSIBLE TO LICENSEE FOR THE ENVIRONMENTAL CONDITION OF THE PREMISES. 13.4 IF ANY EMPLOYEE OF ANY LICENSEE PARTY ASSERTS THAT HE OR SHE IS AN EMPLOYEE OF ANY INDEMNITEE, TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE SHALL, AND SHALL CAUSE ITS CONTRACTOR TO, RELEASE, INDEMNIFY, DEFEND, AND HOLD THE INDEMNITEES HARMLESS FROM AND AGAINST ANY LIABILITIES ARISING OUT OF OR RELATED TO (IN WHOLE OR IN PART) ANY SUCH ASSERTION INCLUDING, BUT NOT LIMITED TO, ASSERTIONS OF EMPLOYMENT BY AN INDEMNITEE RELATED TO THE FOLLOWING OR ANY PROCEEDINGS THEREUNDER: THE FEDERAL EMPLOYERS' LIABILITY ACT, THE SAFETY APPLIANCE ACT, THE LOCOMOTIVE INSPECTION ACT, THE OCCUPATIONAL SAFETY AND HEALTH ACT, THE RESOURCE CONSERVATION AND RECOVERY ACT, AND ANY SIMILAR STATE OR FEDERAL STATUTE. 13.5 THE FOREGOING OBLIGATIONS OF LICENSEE SHALL NOT APPLY TO THE EXTENT LIABILITIES ARE PROXIMATELY CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY INDEMNITEE, BUT SHALL APPLY TO ALL OTHER LIABILITIES, INCLUDING THOSE ARISING FROM OR ATTRIBUTED TO ANY OTHER ALLEGED OR ACTUAL NEGLIGENCE, INTENTIONAL ACTS, OR STRICT LIABILITY OF ANY INDEMNITEE. 13.6 Upon written notice from Licensor, Licensee agrees to assume the defense of any lawsuit or other proceeding brought against any Indemnitee by any entity, relating to any matter covered by this License for which Licensee has an obligation to assume liability for and/or save and hold harmless any Indemnitee. Licensee shall pay all costs and expenses incident to such defense, including, but not limited to, reasonable attorneys' fees, investigators' fees, litigation and appeal expenses, settlement payments, and amounts paid in satisfaction of judgments. 14. Personal Property Risk of Loss. ALL PERSONAL PROPERTY, INCLUDING, BUT NOT LIMITED TO, FIXTURES, EQUIPMENT, OR RELATED MATERIALS UPON THE PREMISES WILL BE AT THE RISK OF LICENSEE ONLY, AND NO INDEMNITEE WILL BE LIABLE FOR ANY DAMAGE THERETO OR THEFT THEREOF, WHETHER OR NOT DUE IN WHOLE OR IN PART TO THE NEGLIGENCE OF ANY INDEMNITEE. 15. Insurance. Licensee shall, at its sole cost and expense, procure and maintain during the term of this License the following insurance coverage: 15.1 Commercial General Liability “CGL” Insurance. a. The policy will provide a minimum of $2,000,000 per occurrence and an aggregate limit of at least $4,000,000 but in no event will the coverage be in an amount less than the amount otherwise carried by Licensee. Coverage must be purchased on a post 2004 ISO occurrence form or equivalent and include coverage for, but not limited to, the following:  Bodily Injury and Property Damage  Personal Injury and Advertising Injury  Fire legal liability  Products and completed operations  Contractual Liability for an “Insured Contract” consistent with the definition under the standard ISO general liability policy form. b. This policy will include the following endorsements or language, which shall be indicated on or attached to the certificate of insurance:  The definition of “Insured Contract” will be amended to remove any exclusion or other limitation for any work being done within 50 feet of Licensor’s property;  Waiver of subrogation in favor of and acceptable to Licensor; Page 110 Tracking #21W-11057 - 7 - Form 421; Rev. 20200605  Additional insured endorsement in favor of and acceptable to Licensor and Jones Lang LaSalle Brokerage, Inc.to include coverage for ongoing operations and completed operations;  Separation of insureds;  The policy shall be primary and non-contributing with respect to any insurance carried by Licensor. c. The parties agree that the workers’ compensation and employers’ liability related exclusions in the CGL policy(s) are intended to apply to employees of the policyholder and will not apply to Licensor’s employees. d. No other endorsements that limit coverage with respect to Licensee’s obligations under this agreement may be included on the policy. 15.2 Business Automobile Insurance a. The insurance will provide minimum coverage with a combined single limit of at least $1,000,000 per accident, and include coverage for, but not limited to the following:  Bodily injury and property damage.  Any and all vehicles owned, used or hired. b. The policy will include the following endorsements or language, which will be indicated on or attached to the certificate of insurance:  Waiver of subrogation in favor of and acceptable to Licensor;  Additional insured endorsement in favor of and acceptable to Licensor;  Separation of insureds;  The policy shall be primary and non-contributing with respect to any insurance carried by Licensor. 15.3 Workers' Compensation and Employers' Liability Insurance a. The policy will provide coverage of all employees performing any part of the work or services including coverage for, but not limited to:  Licensee's statutory liability under the workers' compensation laws of the state(s) in which the work or services are to be performed. The policy will cover all of Licensee’s employees, regardless of whether such coverage is optional under the law of that state(s).  Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. b. The policy will include contain the following endorsements or language, which shall be indicated on or attached to the certificate of insurance:  Waiver of subrogation in favor of and acceptable to Licensor. 15.4 Railroad Protective Liability Insurance. The policy will name only Licensor as the Insured and will provide coverage of at least $2,000,000 per occurrence and $6,000,000 in the aggregate. The coverage obtained under this policy shall only be effective during the initial installation and/or construction of the Electric Supply Line. THE CONSTRUCTION OF THE ELECTRIC SUPPLY LINE SHALL BE COMPLETED WITHIN ONE (1) YEAR OF THE EFFECTIVE DATE. If further maintenance of the Electric Supply Line is needed at a later date, an additional Railroad Protective Liability Insurance Policy shall be required. The policy will be issued on a standard ISO form CG 00 35 12 04 and include the following:  Endorsed to include the Pollution Exclusion Amendment.  Endorsed to include the Limited Seepage and Pollution Endorsement.  Endorsed to remove any exclusion for punitive damages.  Endorsed to include Evacuation Expense Coverage Endorsement.  No other endorsements restricting coverage may be added.  The original policy must be provided to Licensor and Licensee shall not perform any work or services of any kind under this agreement until Licensor has reviewed and approved the policy.  The definition of "Physical Damage to Property" will be endorsed to read: "means direct and accidental loss of or damage to all property owned by any named insured and all property in any named insured's Page 111 Tracking #21W-11057 - 8 - Form 421; Rev. 20200605 care, custody and control (including, but not limited to rolling stock and their contents, mechanical construction equipment or motive power equipment, railroad tracks, roadbeds, catenaries, signals, tunnels, bridges and buildings) arising out of the acts or omissions of the contractor named on the Declarations." In lieu of providing a Railroad Protective Liability Policy, for a period of one (1) year from the Effective Date, Licensee may participate in Licensor's Blanket Railroad Protective Liability Insurance Policy available to Licensee or its contractor. The limits of coverage are the same as above. The cost is $506.00.  Licensee elects to participate in Licensor's Blanket Policy;  Licensee declines to participate in Licensor's Blanket Policy. 15.5 Other Requirements: 15.5.1 Where allowable by law, no exclusion for punitive damages may be included in any policy. 15.5.2 Licensee agrees to waive its right of recovery against Licensor for all claims and suits against Licensor. In addition, Licensee's insurers, through the terms of the policy or policy endorsement, waive their right of subrogation against Licensor for all claims and suits. Licensee further waives its right of recovery, and its insurers also waive their right of subrogation against Licensor for loss of Licensee's owned or leased property or property under Licensee's care, custody, or control. 15.5.3 Allocated Loss Expense, including but not limited to defense costs and expenses, will be in addition to all policy limits for coverage under the insurance requirements. 15.5.4 Licensee is not allowed to self-insure without the prior written consent of Licensor. If Licensor allows Licensee to self-insure, Licensee shall directly cover any self-insured retention or other financial responsibility for claims in lieu of insurance. Any and all Licensor liabilities that would otherwise be covered by Licensee's insurance in accordance with the provisions of this agreement, will be covered as if Licensee elected not to include a self-insured retention or other financial responsibility for claims. 15.5.5 Prior to entering the Premises or commencing the services or work, Licensee shall furnish to Licensor an acceptable certificate(s) of insurance from an authorized representative evidencing the required coverage(s), endorsements, and amendments. 15.5.6 Licensee shall notify BNSF in writing at least 30 days prior to any cancellation, non-renewal, substitution or material alteration of any insurance requirement. 15.5.7 Any insurance policy shall be written by a reputable insurance company acceptable to Licensor or with a current Best's Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provided. 15.5.8 If the coverage provided by any of the insurance policies required by this agreement is purchased on a "claims made" basis, Licensee hereby agrees to maintain coverage in force for a minimum of three years after expiration, cancellation or termination of this agreement. 15.5.9 Licensee agrees to provide evidence to Licensor that it has the required coverage in place at least annually or in the event of a renewal or material change of coverage. 15.5.10 Licensee represents that this License has been thoroughly reviewed by Licensee's insurance agent(s)/broker(s), and that Licensee has instructed them to procure the insurance coverage required by this License. Page 112 Tracking #21W-11057 - 9 - Form 421; Rev. 20200605 15.5.11 Not more frequently than once every five years, Licensor may, at its discretion, reasonably modify the insurance requirements to reflect the then-current risk management practices in the railroad industry and underwriting practices in the insurance industry. 15.5.12 If Licensee will subcontract any portion of the operation, Licensee shall require that the subcontractor provide and maintain insurance coverage(s) as set forth herein, naming Licensor as an additional insured. In addition, Licensee shall require that the subcontractor shall release, defend and indemnify Licensee to the same extent and under the same terms and conditions as Licensee is required to release, defend and indemnify Licensor under this agreement. 15.5.13 Failure to provide evidence as required by this section shall entitle, but not require, Licensor to terminate this License immediately. Acceptance of a certificate that does not comply with this section shall not operate as a waiver of Licensee's obligations hereunder. 15.5.14 The fact that Licensee obtains insurance (including, without limitation, self-insurance) shall not release or diminish Licensee’s liabilities or obligations including, without limitation, the liabilities and obligations under the indemnity provisions of the License. Damages recoverable by Licensor shall not be limited by the amount of the required insurance coverage. 15.5.15 In the event of a claim or lawsuit involving Licensor arising out of this Agreement, Licensee will make the policy covering such claims or lawsuits available to Licensor. 15.5.16 If Licensee maintains broader coverage and/or higher limits than the minimum requirements in this Agreement, Licensor requires and shall be entitled to the broader coverage and/or the higher limits. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to Licensor. 15.5.17 These insurance provisions are intended to be a separate and distinct obligation on the part of the Licensee. Therefore, these provisions shall be enforceable and Licensee shall be bound thereby regardless of whether or not indemnity provisions are determined to be enforceable in the jurisdiction in which the work or services performed under this License is performed. 15.5.18 For purposes of this Section 15, Licensor shall mean "Burlington Northern Santa Fe, LLC", "BNSF Railway Company" and the subsidiaries, successors, assigns and affiliates of each. COMPLIANCE WITH LAWS, REGULATIONS, AND ENVIRONMENTAL MATTERS 16. Compliance with Laws, Rules, and Regulations. 16.1 Licensee shall observe and comply with any and all applicable federal, state, local and tribal laws, statutes, regulations, ordinances, orders, covenants, restrictions, or decisions of any court of competent jurisdiction ("Legal Requirements") relating to the construction, maintenance, and use of the Electric Supply Line and the use of the Premises. 16.2 Prior to entering the Premises, Licensee shall and shall cause its contractor(s) to comply with all of Licensor's applicable safety rules and regulations. Licensee must ensure that each of its employees, contractors, agents or invitees entering upon the Premises completes the safety orientation program at the Website "www.BNSFcontractor.com" (the "Safety Orientation") within one year prior to entering upon the Premises. Additionally, Licensee must ensure that each and every employee of Licensee, its contractors, agents and invitees possess a card certifying completion of the Safety Orientation prior to entering upon the Premises. Licensee must renew (and ensure that its contractors, agents or invitees, as applicable, renew) the Safety Orientation annually. 16.3 Licensee shall obtain on or before the date it or its contractor enters the Premises, any and all additional rights-of way, easements, licenses and other agreements relating to the grant of rights and interests in Page 113 Tracking #21W-11057 - 10 - Form 421; Rev. 20200605 and/or access to the Premises (collectively, the "Rights") and such other rights, licenses, permits, authorizations, and approvals (including without limitation, any necessary local, state, federal or tribal authorizations and environmental permits) that are necessary in order to permit Licensee to construct, maintain, own and operate the Electric Supply Line and otherwise to perform its obligations hereunder in accordance with the terms and conditions hereof. 16.4 Licensee shall either require that the initial stated term of each such Rights be for a period that does not expire, in accordance with its ordinary terms, prior to the last day of the term of this License or, if the initial stated term of any such Right expires in accordance with its ordinary terms on a date earlier than the last day of the term of this License, Licensee shall, at its cost, exercise any renewal rights thereunder, or otherwise acquire such extensions, additions and/or replacements as may be necessary, in order to cause the stated term thereof to be continued until a date that is not earlier than the last day of the term of this License. 16.5 Upon the expiration or termination of any Right that is necessary in order for Licensee to own, operate or use the Electric Supply Line in accordance with the terms and conditions of this License, this License thereby shall automatically expire upon such expiration or termination of the Right. 17. Environmental. 17.1 Licensee shall strictly comply with all federal, state and local environmental Legal Requirements and regulations in its use of the Premises, including, but not limited to, the Resource Conservation and Recovery Act, as amended (RCRA), the Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, and CERCLA (collectively referred to as the "Environmental Laws"). Licensee shall not maintain a treatment, storage, transfer or disposal facility, or underground storage tank, as defined by Environmental Laws on the Premises. Licensee shall not release or suffer the release of oil or hazardous substances, as defined by Environmental Laws on or about the Premises. 17.2 Licensee covenants that it will not handle or transport "hazardous waste" or "hazardous substances", as "hazardous waste" and "hazardous substances" may now or in the future be defined by any federal, state, or local governmental agency or body on the Premises. Licensee agrees periodically to furnish Licensor with proof, satisfactory to Licensor that Licensee is in compliance with the provisions of this Section 17.2. 17.3 Licensee shall give Licensor immediate notice to Licensor's Resource Operations Center at (800) 832-5452 of any known (i) release of hazardous substances on, from, or affecting the Premises, (ii) violation of Environmental Laws, or (iii) inspection or inquiry by governmental authorities charged with enforcing Environmental Laws with respect to Licensee's use of the Premises. Licensee shall use the best efforts to promptly respond to any release on, from, or affecting the Premises. Licensee also shall give Licensor immediate notice of all measures undertaken on behalf of Licensee to investigate, remediate, respond to or otherwise cure such release or violation. 17.4 If Licensor has notice from Licensee or otherwise of a release or violation of Environmental Laws arising in any way with respect to the Electric Supply Line which occurred or may occur during the term of this License, Licensor may require Licensee, at Licensee's sole risk and expense, to take timely measures to investigate, remediate, respond to or otherwise cure such release or violation affecting the Premises or Licensor's right-of-way. 17.5 Licensee shall promptly report to Licensor in writing any conditions or activities upon the Premises known to Licensee which create a risk of harm to persons, property or the environment and shall take whatever action is necessary to prevent injury to persons, property, or the environment arising out of such conditions or activities; provided, however, that Licensee's reporting to Licensor shall not relieve Licensee of any obligation whatsoever imposed on it by this License. Licensee shall promptly respond to Licensor's request for information regarding said conditions or activities. Page 114 Tracking #21W-11057 - 11 - Form 421; Rev. 20200605 DISCLAIMER OF WARRANTIES 18. No Warranties. 18.1 LICENSOR'S DUTIES AND WARRANTIES ARE LIMITED TO THOSE EXPRESSLY STATED IN THIS LICENSE AND SHALL NOT INCLUDE ANY IMPLIED DUTIES OR IMPLIED WARRANTIES, NOW OR IN THE FUTURE. NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE BY LICENSOR OTHER THAN THOSE CONTAINED IN THIS LICENSE. LICENSEE HEREBY WAIVES ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PREMISES OR WHICH MAY EXIST BY OPERATION OF LAW OR IN EQUITY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 18.2 LICENSOR MAKES NO WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING (A) THE SCOPE OF THE LICENSE OR OTHER RIGHTS GRANTED HEREUNDER TO LICENSEE OR (B) WHETHER OR NOT LICENSEE'S CONSTRUCTION, MAINTENANCE, OWNERSHIP, USE OR OPERATION OF THE ELECTRIC SUPPLY LINE WILL VIOLATE OR INFRINGE UPON THE RIGHTS, INTERESTS AND ESTATES OF THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, ANY LEASES, USE RIGHTS, EASEMENTS AND LIENS OF ANY THIRD PARTY. 19. Disclaimer of Warranty for Quiet Enjoyment. LICENSOR DOES NOT WARRANT ITS TITLE TO THE PREMISES NOR UNDERTAKE TO DEFEND LICENSEE IN THE PEACEABLE POSSESSION OR USE THEREOF. NO COVENANT OF QUIET ENJOYMENT IS MADE. 20. Eviction at Risk of Licensee. In case of the eviction of Licensee by anyone owning, claiming title to, or claiming any interest in the Premises, or by the abandonment by Licensor of the affected rail corridor, Licensor shall not be liable (i) to refund Licensee any compensation paid hereunder, except for the pro-rata part of any recurring charge paid in advance, or (ii) for any damages or costs Licensee sustains in connection with the eviction. LIENS AND TAXES 21. Liens and Charges. Licensee shall promptly pay and discharge any and all liens arising out of any construction, alterations or repairs done, suffered or permitted to be done by Licensee on the Premises. Licensor is hereby authorized to post any notices or take any other action upon or with respect to the Premises that is or may be permitted by law to prevent the attachment of any such liens to the Premises; provided, however, that failure of Licensor to take any such action shall not relieve Licensee of any obligation or liability under this Section 21 or any other Section of this License. 22. Taxes. Licensee shall pay when due any taxes, assessments or other charges (collectively, "Taxes") levied or assessed by any governmental or quasi-governmental body upon the Electric Supply Line or any other improvements constructed or installed on the Premises by or for Licensee (collectively, the "Improvements") or any Taxes levied or assessed against Licensor or the Premises that are attributable to the Improvements. DEFAULT, TERMINATION, AND SURRENDER 23. Default and Termination. In addition to and not in limitation of Licensor's right to terminate for failure to provide evidence of insurance as required pursuant to the terms of Section 15, the following events are also deemed to be events of default pursuant to which Licensor has the right to terminate as set forth below: 23.1 If default shall be made in any of Licensee's covenants, agreements, or obligations contained in this License and Licensee fails to cure said default within thirty (30) days after written notice is provided to Licensee by Licensor, or in case of any assignment or transfer of this License in violation of Section 26 below, Licensor may, at its option, terminate this License by serving five (5) days' notice in writing upon Licensee. Notwithstanding the foregoing, Licensor shall have the right to terminate this License immediately if Licensee fails to provide evidence of insurance as required in Section 15. Page 115 Tracking #21W-11057 - 12 - Form 421; Rev. 20200605 23.2 Should Licensee not comply fully with the obligations of Section 17 regarding the handling or transporting of hazardous waste or hazardous material, notwithstanding anything contained in any other provision of this License, Licensor may, at its option, terminate this License by serving five (5) days' notice of termination upon Licensee. 23.3 Any waiver by Licensor of any default or defaults shall not constitute a waiver of the right to terminate this License for any subsequent default or defaults, nor shall any such waiver in any way affect Licensor's ability to enforce any Section of this License. The remedies set forth in this Section 23 shall be in addition to, and not in limitation of, any other remedies that Licensor may have at law or in equity. 23.4 In addition to and not in limitation of Licensor's rights to terminate this License for failure to provide evidence of insurance or occurrence of defaults as described above, this License may be terminated by either party, at any time, by serving thirty (30) days' written notice of termination upon the other party. Such termination shall not release either party hereto from any liability or obligation under the License, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or thereafter in case by the terms of the License it is provided that anything shall or may be done after termination hereof. 24. Surrender of the Premises. 24.1 On or before expiration or termination of this License for any reason, Licensee shall, at its sole cost and expense: 24.1.1 if so directed by Licensor in writing, remove the Improvements, the Electric Supply Line and all appurtenances thereto, or, at the sole discretion of Licensor, appropriately decommission the Electric Supply Line with a method satisfactory to Licensor; 24.1.2 report and restore any damage to the Premises or Licensor's other property arising from, growing out of, or connected with Licensee's use of the Premises; 24.1.3 remedy any unsafe conditions on the Premises created or aggravated by Licensee; and 24.1.4 leave the Premises in substantially the condition which existed as of the Effective Date or as otherwise agreed to by Licensor. 24.2 Upon any expiration or termination of this License, if Licensee fails to surrender the Premises to Licensor or if Licensee fails to complete its obligations under Section 24.1 above (the "Restoration Obligations"), Licensee shall have a limited license to enter upon the Premises solely to the extent necessary for Licensee to complete the Restoration Obligations, and all liabilities and obligations of Licensee hereunder shall continue in effect until the Premises are surrendered and the Restoration Obligations are completed. Neither termination nor expiration shall release Licensee from any liability or obligation under this License, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination, or, if later, the date when Licensee surrenders the Premises and all of the Restoration Obligations are completed. 24.3 If Licensee fails to complete the Restoration Obligations within thirty (30) days after the date of such termination of its tenancy, then Licensor may, at its election, either: (i) remove the Electric Supply Line and the other Improvements or otherwise restore the Premises, and in such event Licensee shall, within thirty (30) days after receipt of bill therefor, reimburse Licensor for cost incurred, (ii) upon written notice to Licensee, take and hold the Electric Supply Line and the other Improvements and personal property as its sole property, without payment or obligation to Licensee therefor, or (iii) specifically enforce Licensee's obligation to restore and/or pursue any remedy at law or in equity against Licensee for failure to so restore. Further, if Licensor has consented to the Electric Supply Line and the other Improvements remaining on the Premises following termination, Licensee shall, upon request by Licensor, provide a bill of sale in a form acceptable to Licensor conveying the Electric Supply Line and the other Improvements to Licensor for no additional consideration. Page 116 Tracking #21W-11057 - 13 - Form 421; Rev. 20200605 MISCELLANEOUS 25. Successors and Assigns. All provisions contained in this License shall be binding upon, inure to the benefit of, and be enforceable by the respective successors and assigns of Licensor and Licensee to the same extent as if each such successor and assign was named a party to this License. 26. Assignment. 26.1 Licensee may not sell, assign, transfer, or hypothecate this License or any right, obligation, or interest herein (either voluntarily or by operation of law, merger, or otherwise) without the prior written consent of Licensor, which consent may not be unreasonably withheld or delayed by Licensor. Any attempted assignment by Licensee in violation of this Section 26 shall be a breach of this License and, in addition, shall be voidable by Licensor in its sole and absolute discretion. 26.2 For purposes of this Section 26, the word "assign" shall include without limitation (a) any sale of the equity interests of Licensee following which the equity interest holders of Licensee immediately prior to such sale own, directly or indirectly, less than 50% of the combined voting power of the outstanding voting equity interests of Licensee, (b) any sale of all or substantially all of the assets of (i) Licensee and (ii) to the extent such entities exist, Licensee's parent and subsidiaries, taken as a whole, or (c) any reorganization, recapitalization, merger or consolidation involving Licensee. Notwithstanding the foregoing, any reorganization, recapitalization, merger or consolidation following which the equity interest holders of Licensee immediately prior to such reorganization, recapitalization, merger or consolidation own, directly or indirectly, at least 50% of the combined voting power of the outstanding voting equity interests of Licensee or any successor thereto or the entity resulting from such reorganization, recapitalization, merger or consolidation shall not be deemed an assignment. THIS LICENSE SHALL NOT RUN WITH THE LAND WITHOUT THE EXPRESS WRITTEN CONSENT OF LICENSOR, SUCH CONSENT TO BE IN LICENSOR'S SOLE DISCRETION. 26.3 Notwithstanding the provisions of Section 26.1 above or anything contained in this License to the contrary, if Licensee sells, assigns, transfers, or hypothecates this License or any interest herein in contravention of the provisions of this License (a "Purported Assignment") to another party (a "Purported Transferee"), the Purported Transferee's enjoyment of the rights and privileges granted under this License shall be deemed to be the Purported Transferee's agreement to be bound by all of the terms and provisions of this License, including but not limited to the obligation to comply with the provisions of Section 15 above concerning insurance requirements. In addition to and not in limitation of the foregoing, Licensee, for itself, its successors and assigns, shall indemnify, defend and hold harmless Licensor for all Liabilities of any nature, kind or description of any person or entity directly or indirectly arising out of, resulting from or related to (in whole or in part) a Purported Assignment. The provisions of this Section 26.3 shall survive the expiration or earlier termination of this License. 26.4 Licensor shall have the right to transfer and assign, in whole or part, all of its rights and obligations under this License, and upon any such transfer or assignment, Licensor shall be released from any further obligations hereunder and Licensee agrees to look solely to the successor in interest of Licensor for the performance of such obligations. 27. Notices. Any notice, invoice, or other writing required or permitted to be given hereunder by one party to the other shall be in writing and the same shall be given and shall be deemed to have been served and given if (i) placed in the United States mail, certified, return receipt requested, or (ii) deposited into the custody of a nationally recognized overnight delivery service, addressed to the party to be notified at the address for such party specified below, or to such other address as the party to be notified may designate by giving the other party no less than thirty (30) days' advance written notice of such change in address. Page 117 Tracking #21W-11057 -14 - Form 421; Rev. 20200605 If to Licensor: Jones Lang LaSalle Brokerage, Inc. 4200 Buckingham Rd., Suite 110 Fort Worth, TX 76155 Attn: Permits/Licenses with a copy to: BNSF Railway Company 2650 Lou Menk Dr. Fort Worth, TX 76131 Attn: Senior Manager Real Estate If to Licensee: City of Rancho Cucamonga 10500 Civic Center Dr. Rancho Cucamonga, California 91730 Attn: 28. Survival. Neither termination nor expiration will release either party from any liability or obligation under this License, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or expiration, or, if later, the date when the Electric Supply Line and the other Improvements are removed and the Restoration Obligations are completed in accordance with the terms hereof. 29. Recordation. It is understood and agreed that this License shall not be placed or allowed to be placed on public record. 30.Applicable Law. All questions concerning the interpretation or application of provisions of this License shall be decided according to the substantive laws of the State of California without regard to conflicts of law provisions. 31.Severability. To the maximum extent possible, each provision of this License shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this License shall be prohibited by, or held to be invalid under, applicable law, such provision shall be ineffective solely to the extent of such prohibition or invalidity, and this shall not invalidate the remainder of such provision or any other provision of this License. 32.Integration. This License is the full and complete agreement between Licensor and Licensee with respect to all matters relating to Licensee's use of the Premises, and supersedes any and all other agreements between the parties hereto relating to Licensee's use of the Premises as described herein. However, nothing herein is intended to terminate any surviving obligation of Licensee or Licensee's obligation to defend and hold Licensor harmless in any prior written agreement between the parties. 33.Joint and Several Liability. If Licensee consists of two or more parties, all the covenants and agreements of Licensee herein contained shall be the joint and several covenants and agreements of such parties. 34.Waiver. The waiver by Licensor of the breach of any provision herein by Licensee shall in no way impair the right of Licensor to enforce that provision for any subsequent breach thereof. 35.Interpretation. 35.1 This License shall be interpreted in a neutral manner, and not more strongly for or against any party based upon the source of the draftsmanship; both parties hereby agree that this License shall not be subject to the principle that a contract would be construed against the party which drafted the same. Article titles, headings to sections and paragraphs and the table of contents (if any) are inserted for convenience of reference only and are not intended to be a part or to affect the meaning or interpretation hereof. The exhibit or exhibits referred to herein shall be construed with and as an integral part of this License to the same extent as if they were set forth verbatim herein. 35.2 As used herein, "include", "includes" and "including" are deemed to be followed by "without limitation" whether or not they are in fact followed by such words or words of like import; "writing", "written" and comparable terms refer to printing, typing, lithography and other means of reproducing words in a visible Page 118 Tracking #21W-11057 - 15 - Form 421; Rev. 20200605 form; references to any person are also to that person's successors and permitted assigns; "hereof", "herein", "hereunder" and comparable terms refer to the entirety hereof and not to any particular article, section, or other subdivision hereof or attachment hereto; references to any gender include references to the masculine or feminine as the context requires; references to the plural include the singular and vice versa; and references to this License or other documents are as amended, modified or supplemented from time to time. 36. Counterparts. This License may be executed in multiple counterparts, each of which shall, for all purposes, be deemed an original but which together shall constitute one and the same instrument, and the signature pages from any counterpart may be appended to any other counterpart to assemble fully executed documents, and counterparts of this License may also be exchanged electronically and any electronic version of any party's signature shall be deemed to be an original signature for all purposes. 37. Licensor's Representative. Jones Lang LaSalle Brokerage, Inc. is acting as representative for BNSF Railway Company. END OF PAGE – SIGNATURE PAGE FOLLOWS Page 119 Tracking #21W-11057 - 16 - Form 421; Rev. 20200605 This License has been duly executed by the parties hereto as of the Effective Date. LICENSOR: BNSF Railway Company, a Delaware corporation By: Jones Lang LaSalle Brokerage, Inc. 4200 Buckingham Road, Suite 110 Fort Worth, TX 76155 By: Title: _______________________________________ LICENSEE: City of Rancho Cucamonga, a California municipality By: Title: _______________________________________ Page 120 8 t h S t Source: Esri, Maxar, GeoEye, Earthstar Geographics, CN ES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community DRAWING NO. 82085 JN CSTATE OF CA VOLTAGE NUMBER OF COND UITS 1 220V TYPE ELECTRIC BASE OF R AIL TO TOP OF CON DUIT LENGTH ON R/W WALL THIC KNESS CONDUIT MATERIAL STEEL SIZE OF CONDUIT 20" 0.25" 33' 8.25' DESCRIPTION OF WIRES UN DER TRAC K WIRES LOCATED AS SHOWN BOLD NOTE: CONDUIT TO BE JACKED OR DRY BORED ONLY COORDINATE SYSTEM: CA_5 TR ACKING NO. 21W-11057 MAP REF. 501419EXHIBIT "A" ATTACHED TO CONTRACT BETWEENBNSF R A I LWAY C O M PA N Y AN D CITY OF RANCH O CUCAMONGA RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO TOWNSHIP & RANGE: 1S 7W MERIDIAN : SBM SECTION: 14 CALIFORNIA DIV. SC AX: SAN GABRIEL SU BD IV. L.S. 76 08 MP: 41 .41 1 IN = 50 FTSCALE: DATE: 9/24/2021 ³ NOTE: 1-20" STEEL CONDUIT W/ 1-2" HDPE INNERDUCT OCCUPIED W/ 3 ELEC TRIC CABLES MP 41.4134.091529 -117.578082 T O : L .S . 7 6 0 8 M A IN TO: END OF TRACK12.5' 12.5' 33' 30' NOTE: SHARES 20" CONDUIT W/ TRK 21W-11124 (SEE DRAWING NO. 82080) Page 121 Jones Lang LaSalle Brokerage, Inc. 4200 Buckingham Rd., Suite 110 Fort Worth, Texas 76155 tel +1 817-230-2600, fax +1 817 306-8265 October 14, 2021 NOTE: This Agreement is contingent upon BNSF Roadmaster Approval City of Rancho Cucamonga 20-67008 Attention: Mr. Matthew Addington 10500 Civic Center Dr Rancho Cucamonga, California 91730 Dear Mr. Addington: Attached please find a copy of the requested contract for execution by an official authorized to execute contract agreements on behalf of your company. Please print one (1) copy, execute, and return with original signature for completion on part of BNSF Railway Company (“BNSF”) to this office. Please note the agreements cannot be executed by BNSF without an approved insurance certificate. If there are any issues with your insurance, you will be contacted by a member of the Risk Management team of BNSF Railway. Please submit the following documents to BNSF@certfocus.com: 1.A Certificate of Insurance as required in the agreement. 2.A separate policy for Railroad Protective Liability Insurance as required in the agreement (ORIGINAL POLICY MUST BE PROVIDED). BNSF Railway Company will be the only insured party; OR; In lieu of providing a separate policy for Railroad Protective Liability Insurance, you may participate in the BNSF’s Railroad Protective Policy by checking the appropriate box in the contract and including an additional $633.00 with your check and signed agreements. PLEASE ADVISE IF THIS PROJECT IS ARRA FUNDED. Acceptance and deposit of any check by BNSF does not constitute an agreement between BNSF and Licensee for the requested license. BNSF shall not be obligated to hold the check in a separate fund, but may commingle the funds with other funds of BNSF, and in no event shall BNSF be responsible for interest on said funds. The enclosed permit is not a binding agreement and shall become binding only when, and if, it is executed by you and fully approved and executed by BNSF Railway Company. Upon completion on behalf of BNSF, one fully executed counterpart will be returned for your records. The specifications/plans you provided may differ from BNSF’s minimum specification requirements. Therefore, prior to your installation, please review the Exhibit A to determine the specifications necessary for your installation. Please be informed that if contracts, fees, and insurance are not returned within sixty (60) days, the processing fee will increase to $1,600.00. Sincerely, Patricia Villegas Permit Manager Attachment ATTACHMENT 4Page122 Law Department Approved Tracking #20-67008 Form 433; Rev. 04/26/05 - 1 - ROADWAY SURFACING AGREEMENT This Roadway Surfacing Agreement (“Agreement”) is entered into effective as of this the ____ day of ________ 2021, by and between CITY OF RANCHO CUCAMONGA, (“Contractor”), a California corporation, and BNSF RAILWAY COMPANY (“Railway”), a Delaware corporation. WHEREAS, Railway operates a freight transportation system by rail with operations throughout the United States and Canada; and WHEREAS, City of Rancho Cucamonga desires Contractor to surface the roadway adjacent to and upon Railway’s right of way, and Contractor is willing to perform such services. NOW, THEREFORE, in consideration for Railway entering this Agreement with Contractor and granting Contractor permission to enter upon the Premises (defined herein), Contractor agrees with Railway as follows: SECTION 1. SCOPE OF SERVICES Contractor shall perform the following services, hereinafter described as Work”: roadway resurfacing, and curb, gutter, sidewalk, replacement Line Segment 7608 and Mile Post 41.42 Performance of the Work will necessarily require Contractor to enter Railway’s right of way and property (“Premises”). Contractor agrees that no work shall be commenced on the Premises until (i) this Agreement is executed by both Contractor and Railway; and (ii) Railway approves the insurance required to be maintained by Contractor hereunder. Contractor further agrees that if this Agreement is not executed by the owner, general partner, president, or vice-president of Contractor, Contractor shall furnish Railway with evidence certifying that the signatory is empowered to execute this Agreement. This License shall commence on the Effective Date and shall continue for a period one hundred eighty (180) days, subject to prior termination as hereinafter described. SECTION 2. PAYMENT OF FEES City of Rancho Cucamonga shall be responsible for payment to Contractor for the Work performed under this Agreement. SECTION 3. RELEASE OF LIABILITY AND INDEMNITY Contractor hereby waives, releases, indemnifies, defends and holds harmless Railway for all judgments, awards, claims, demands, and expenses (including attorney's fees), for injury or death to all persons, including Railway's and Contractor's officers and employees, and for loss and damage to property belonging to any person, arising in any manner from Contractor's or any of Contractor's subcontractors' acts or omissions or any work performed on or about Railway’s property or right-of- way. THE LIABILITY ASSUMED BY CONTRACTOR SHALL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DESTRUCTION, DAMAGE, DEATH, OR INJURY WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF RAILWAY, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF RAILWAY. Page 123 Law Department Approved Tracking #20-67008 Form 433; Rev. 04/26/05 - 2 - THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR SHALL INCLUDE ANY CLAIMS, SUITS OR JUDGMENTS BROUGHT AGAINST RAILWAY UNDER THE FEDERAL EMPLOYEE'S LIABILITY ACT INCLUDING CLAIMS FOR STRICT LIABILITY UNDER THE SAFETY APPLIANCE ACT OR THE BOILER INSPECTION ACT, WHENEVER SO CLAIMED. Contractor further agrees, at its expense, in the name and on behalf of Railway, that it shall adjust and settle all claims made against Railway, and shall, at Railway's discretion, appear and defend any suits or actions of law or in equity brought against Railway on any claim or cause of action arising or growing out of or in any manner connected with any liability assumed by Contractor under this Agreement for which Railway is liable or is alleged to be liable. Railway shall give notice to Contractor, in writing, of the receipt or pendency of such claims and thereupon Contractor shall proceed to adjust and handle to a conclusion such claims, and in the event of a suit brought against Railway, Railway may forward summons and complaint or other process in connection therewith to Contractor, and Contractor, at Railway's discretion, shall defend, adjust, or settle such suits and protect, indemnify, and save harmless Railway from and against all damages, judgments, decrees, attorney's fees, costs, and expenses growing out of or resulting from or incident to any such claims or suits. It is mutually understood and agreed that the assumption of liabilities and indemnification provided for in this Agreement shall survive any termination of this Agreement. SECTION 4. INSURANCE. Contractor shall, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: A. Commercial General Liability Insurance. This insurance shall contain broad form contractual liability with a combined single limit of a minimum of $2,000,000 each occurrence and an aggregate limit of at least $ 4,000,000. Coverage must be purchased on a post 1998 ISO occurrence form or equivalent and include coverage for, but not limited to, the following: ♦ Bodily Injury and Property Damage ♦ Personal Injury and Advertising Injury ♦ Fire legal liability ♦ Products and completed operations This policy shall also contain the following endorsements, which shall be indicated on the certificate of insurance: ♦ It is agreed that any workers’ compensation exclusion does not apply to Railroad payments related to the Federal Employers Liability Act or a Railroad Wage Continuation Program or similar programs and any payments made are deemed not to be either payments made or obligations assumed under any Workers Compensation, disability benefits, or unemployment compensation law or similar law. ♦ The definition of insured contract shall be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property. ♦ Any exclusions related to the explosion, collapse and underground hazards shall be removed. No other endorsements limiting coverage as respects obligations under this Agreement may Page 124 Law Department Approved Tracking #20-67008 Form 433; Rev. 04/26/05 - 3 - be included on the policy. B. Business Automobile Insurance. This insurance shall contain a combined single limit of at least $1,000,000 per occurrence, and include coverage for, but not limited to the following: ♦ Bodily injury and property damage ♦ Any and all vehicles owned, used or hired C. Workers Compensation and Employers Liability Insurance. This insurance shall include coverage for, but not limited to: ♦ Contractor’s statutory liability under the worker’s compensation laws of the state(s) in which the work is to be performed. If optional under State law, the insurance must cover all employees anyway. ♦ Employers’ Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. D. Railroad Protective Liability Insurance. This insurance shall name only the Railroad as the Insured with coverage of at least $2,000,000 per occurrence and $6,000,000 in the aggregate. The policy shall be issued on a standard ISO form CG 00 35 10 93 and include the following: ♦ Endorsed to include the Pollution Exclusion Amendment (ISO form CG 28 31 10 93) ♦ Endorsed to include the Limited Seepage and Pollution Endorsement ♦ Endorsed to include Evacuation Expense Coverage Endorsement ♦ No other endorsements restricting coverage may be added ♦ The original policy must be provided to the Railroad prior to performing any work or services under this Agreement In lieu of providing a Railroad Protective Liability Policy, Licensee may participate in Licensor’s Blanket Railroad Protective Liability Insurance Policy available to Licensee or its contractor. The limits of coverage are the same as above. The cost is $ 633.00.  I elect to participate in Licensor’s Blanket Policy;  I elect not to participate in Licensor’s Blanket Policy. E. Other Requirements: Where allowable by law, all policies (applying to coverage listed above) shall contain no exclusion for punitive damages and certificates of insurance shall reflect that no exclusion exists. Contractor agrees to waive its right of recovery against Railroad for all claims and suits against Railroad. In addition, its insurers, through the terms of the policy or policy endorsement, waive their right of subrogation against Railroad for all claims and suits. The certificate of insurance must reflect the waiver of subrogation endorsement. Contractor further waives its right of recovery, and its insurers also waive their right of subrogation against Railroad for loss of its owned or leased property or property under contractor’s care, custody or control. Page 125 Law Department Approved Tracking #20-67008 Form 433; Rev. 04/26/05 - 4 - Contractor’s insurance policies through policy endorsement, must include wording which states that the policy shall be primary and non-contributing with respect to any insurance carried by Railroad. The certificate of insurance must reflect that the above wording is included in evidenced policies. All policy(ies) required above (excluding Workers Compensation and if applicable, Railroad Protective) shall include a severability of interest endorsement and Railroad shall be named as an additional insured with respect to work performed under this agreement. Severability of interest and naming Railroad as additional insured shall be indicated on the certificate of insurance. Contractor is not allowed to self-insure without the prior written consent of Railroad. If granted by Railroad, any deductible, self-insured retention or other financial responsibility for claims shall be covered directly by contractor in lieu of insurance. Any and all Railroad liabilities that would otherwise, in accordance with the provisions of this Agreement, be covered by contractor’s insurance will be covered as if contractor elected not to include a deductible, self-insured retention or other financial responsibility for claims. Prior to commencing the Work, contractor shall furnish to Railroad an acceptable certificate(s) of insurance including an original signature of the authorized representative evidencing the required coverage, endorsements, and amendments and referencing the contract audit/folder number if available. The policy(ies) shall contain a provision that obligates the insurance company(ies) issuing such policy(ies) to notify Railroad in writing at least 30 days prior to any cancellation, non-renewal, substitution or material alteration. This cancellation provision shall be indicated on the certificate of insurance. Upon request from Railroad, a certified duplicate original of any required policy shall be furnished. Any insurance policy shall be written by a reputable insurance company acceptable to Railroad or with a current Best’s Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provide. Contractor represents that this Agreement has been thoroughly reviewed by contractor’s insurance agent(s)/broker(s), who have been instructed by contractor to procure the insurance coverage required by this Agreement. Allocated Loss Expense shall be in addition to all policy limits for coverages referenced above. Not more frequently than once every five years, Railroad may reasonably modify the required insurance coverage to reflect then-current risk management practices in the railroad industry and underwriting practices in the insurance industry. If any portion of the operation is to be subcontracted by contractor, contractor shall require that the subcontractor shall provide and maintain insurance coverages as set forth herein, naming Railroad as an additional insured, and shall require that the subcontractor shall release, defend and indemnify Railroad to the same extent and under the same terms and conditions as contractor is required to release, defend and indemnify Railroad herein. Failure to provide evidence as required by this section shall entitle, but not require, Railroad to terminate this Agreement immediately. Acceptance of a certificate that does not comply with this section shall not operate as a waiver of contractor's obligations hereunder. Page 126 Law Department Approved Tracking #20-67008 Form 433; Rev. 04/26/05 - 5 - The fact that insurance (including, without limitation, self-insurance) is obtained by contractor shall not be deemed to release or diminish the liability of contractor including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railroad shall not be limited by the amount of the required insurance coverage. Prior to entering the Premises, Licensee shall and shall cause its contractor to comply with all Licensor’s applicable safety rules and regulations. Prior to commencing any work on the Premises, Licensee shall complete and shall require its contractor to complete the safety- training program at the following Internet Website “http://www.contractororientation.com”. This training must be completed no more than one year in advance of Licensee’s entry on the Premises. For purposes of this section, Railroad shall mean “Burlington Northern Santa Fe Corporation”, “BNSF Railway Company” and the subsidiaries, successors, assigns and affiliates of each. SECTION 5. PROTECTION OF RAILWAY FACILITIES AND RAILWAY FLAGGER SERVICES A. The Contractor shall give a minimum of at least thirty (30) working days notice to the roadmaster at , telephone 323-864-3852, in advance of when flagging services will be required to bulletin the flaggers position and shall provide five (5) working days notice to the Roadmaster to abolish the position per union requirements. B. Railway flagger and protective services and devices will be required and furnished when Contractor's work activities are located over or under of and within twenty-five (25) feet measured horizontally from center line of the nearest track and when cranes or similar equipment positioned outside of 25-foot horizontally from track center line that could foul the track in the event of tip over or other catastrophic occurrence, but not limited thereto for the following conditions: (1). When in the opinion of the Railway's representative, it is necessary to safeguard the Premises , employees, trains, engines and facilities. (2). When any excavation is performed below the bottom of tie elevation, if, in the opinion of Railway's representative, track or other Railway facilities may be subject to movement or settlement. (3). When work in any way interferes with the safe operation of trains at timetable speeds. (4). When any hazard is presented to Railway track, communications, signal, electrical, or other facilities either due to persons, material, equipment or blasting in the vicinity. (5). Special permission must be obtained from the Railway before moving heavy or cumbersome objects or equipment which might result in making the track impassable. C. Flagging services will be performed by qualified Railway flaggers. Licensee agrees to reimburse Licensor (pursuant to the terms of Section 5 (d) below) for all costs and expenses incurred by Licensor in connection with Licensee's use of the Premises or the presence, construction and maintenance of the Roadway, including but not limited to the furnishing of Licensor's flaggers and any vehicle rental costs incurred. Licensee shall bear the cost of flagger services and other safety measures provided by Licensor, when deemed necessary by Licensor's representative. Flagging costs shall include, but not be limited to, the following: pay for at least an eight (8) hour Page 127 Law Department Approved Tracking #20-67008 Form 433; Rev. 04/26/05 - 6 - basic day with time and one-half or double time for overtime, rest days and holidays (as applicable); vacation allowance; paid holidays (as applicable); railway and unemployment insurance; public liability and property damage insurance; health and welfare benefits; transportation; meals; lodging and supervision. Negotiations for railway labor or collective bargaining agreements and rate changes authorized by appropriate Federal authorities may increase flagging rates. Flagging rates in effect at the time of performance by the flaggers will be used to calculate the flagging costs pursuant to this Section 5. D. All invoices are due thirty (30) days after the date of invoice. In the event that Licensee shall fail to pay any monies due to Licensor within thirty (30) days after the invoice date, then Licensee shall pay interest on such unpaid sum from the due date until paid at an annual rate equal to the lesser of (i) the prime rate last published in The Wall Street Journal in the preceding December plus two and one-half percent (2-1/2%), or (ii) the maximum rate permitted by law. (1) A flagging crew generally consists of one employee. However, additional personnel may be required to protect the Premises and operations, if deemed necessary by the Railway's representative. (2) Each time a flagger is called, the minimum period for billing shall be the eight (8) hour basic day. (3) The cost of flagger services provided by the Railway, when deemed necessary by the Railway's representative, will be borne by the City’s contractor. SECTION 6. INDEPENDENT CONTRACTOR In the performance of the Work under this Agreement, Contractor will be considered as an independent contractor, neither Contractor nor any of its employees, subcontractors, agents or servants will be considered as employees of Railway in any respect. Contractor shall have the exclusive right and duty to control the work of its employees. All persons employed by Contractor or any of its subcontractors in the performance of this Agreement shall be the sole employees of Contractor or its subcontractors. Contractor will be given general directions and instructions regarding the Work to be rendered under this Agreement; however, direct supervision of Contractor’s employees will be Contractor’s responsibility and obligation. Page 128 Law Department Approved Tracking #20-67008 Form 433; Rev. 04/26/05 - 7 - IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first written above. CITY OF RANCHO CUCAMONGA BNSF RAILWAY COMPANY 10500 Civic Center Dr Rancho Cucamonga, California 91730 Jones Lang LaSalle Brokerage, Inc., its Attorney in Fact 4200 Buckingham Rd., Suite 110 Fort Worth, TX 76155 By: By: Print Name: Title: Shane Krueger Vice President - Permits & Special Proj. Title: Page 129 8 t h S t Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community DRAWING NO. 80388 TRIM LINE COORDINATE SYSTEM: CA_5 TRACKING NO. 20-67008 MAP REF. 501419DRAWN BY:JRG ³ EXHIBIT "A" ATTACHED TO CONTRACT BETWEENBNSF R A I LWAY C O M PAN Y AND CITY OF RANCHO CUCAMONGA STATE OF CA A PARCEL(S) OF LAND CONTAINING A TOTAL OF 1,625 SQ FT. (0.04 A.C.) MORE OR LESS SHOWN HATCHED. TO BE USED CONSTRUCTION OF CURB TRANSITION, REMOVAL AND REPLACEMENT OF AC PAVEMENT, CURB & GUTTER, AND SIDEWALK. DESCRIPTION:LEGEND: PREMISES RIGHT OF WAY LINE TRACK RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO TOWNSHIP & RANGE: 1S 7W MERIDIAN: SBM SECTION: 14 CALIFORNIA DIV. SCAX: SAN GABRIEL SUBDIV. L.S. 7608 1 IN = 50 FTSCALE: DATE: 11/29/2020 MP 41.42 34.091665 -117.577901 TO: FONTANA TO: END OF TRACK66' 34'62'40' Page 130 DATE:December 15, 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 Baldwin Ngai, Associate Engineer SUBJECT:Consideration of a Professional Services Agreement with Superior Pavement Markings, Inc. for Annual Citywide Striping and Pavement Marking Services in an Amount not to exceed $150,000. (CITY) RECOMMENDATION: Staff recommends that the City Council authorize the execution of a Professional Services Agreement with Superior Pavement Markings, Inc. in an amount not to exceed $150,000, for the FY2021/2022 citywide striping and pavement marking services and authorize the City Manager to approve annual extensions of the agreement upon the recommendation of the City Engineer. BACKGROUND: There are approximately 1,150 lane miles of existing roadway within the City. Even though the City periodically resurfaces streets to maintain pavement condition, striping and pavement markings may become faded over time due to heavy traffic or natural wear. This contract allows City staff to install new pavement striping and pavement markings for segments of roadway with such traffic control devices that are worn or in need of updates. The City’s current contract was awarded in FY2014/2015 and included an annual option to extend for up to 7 years. With the upcoming contract expiration in mind, City staff solicited bids for a new striping and pavement marking contract to perform projects on an annual basis across the City to refresh existing lane line striping and pavement markings on public roadways. ANALYSIS: Engineering Staff has worked with the Procurement Division, providing a detailed scope of services to develop a Request for Bid (RFB) to find a qualified contractor to complete annual striping and pavement marking work. RFB, #21/22-102 was posted and advertised on the City’s electronic bidding system, Planet Bids, on August 19, 2021. There were Two Hundred Eighty- One (281) notified vendors, Twenty-Three (23) prospective vendors, and Five (5) responses were received. Staff has reviewed all bids received and found all to be complete and in accordance with the bid requirements. Staff finds that the lowest responsive bidder, Superior Pavement Markings, Inc., meets the requirement of the bid documents. All applicable solicitation documentation is on file in Planet Bids. The agreement term shall be for one (1) year with an option to extend annually for a period of up to seven (7) years. If approved, authorization for the City Manager to approve annual extensions to the agreement would be based on a recommendation by the City Engineer that services being Page 131 Page 2 1 0 5 6 provided continue to meet or exceed City expectations and continue to be of high value to the City. This authorization would streamline the annual renewal process and aid in ensuring the continuity of the contracted service. FISCAL IMPACT: Funding in the amount of $150,000 has been included in the FY2021/22 Annual Budget in the Measure I 2010-2040 Fund (Fund 177) therefore there is no need for an additional appropriation of funds at this time. Work under the proposed agreement will be completed on an as needed work order basis each year and is initiated by Engineering staff. The amount of work each year shall not exceed $150,000. Account No.Funding Source Description Amount 1177303-5300 Measure I 2010-2040 (177) Striping Contract $150,000 COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: The execution of this agreement aligns with the Council’s goal of promoting and enhancing a safe and healthy community for all by maintaining good visibility of traffic control devices on existing roadways with the city. ATTACHMENTS: None. Page 132 DATE:December 15, 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 Romeo M. David, Associate Engineer SUBJECT:Consideration of a Contract with Onyx Paving Company, Inc., in an Amount of $1,727,000, Plus 10% Contingency for the Rochester Avenue Pavement Rehabilitation Project. (CITY) RECOMMENDATION: Staff recommends that the City Council: 1. Approve the plans and specifications for the Rochester Avenue Pavement Rehabilitation (Project) on file with the City Engineer; 2. Accept the bids received for the Project; 3. Award and authorize the execution of a contract in the amount of $1,727,000 to the lowest responsive bidder, Onyx Paving Company, Inc., for the total Bid; 4. Authorize the expenditure of a 10% contingency in the amount of $172,700; 5. Authorize a Purchase Order in the amount of $50,638 to Aufbau, Inc. for on-call construction inspection services; 6. Authorize a Purchase Order in the amount of $46,900 to Leighton, Inc. for on-call material testing services; and 7. Authorize a Purchase Order in the amount of $39,776 to Huitt-Zollars, Inc. for on-call construction survey services. BACKGROUND: Existing asphalt pavement conditions for sections along Rochester Avenue have deteriorated to the point that resurfacing is required to extend the life of pavement and improve rideability. The Rochester Avenue Pavement Rehabilitation Project has been included in the Capital Improvement Program budget for this fiscal year 2021-22. A Vicinity Map illustrating the limits of two sections of Rochester Avenue resurfacing project is included as attachment 1. The City of Rancho Cucamonga uses asphalt rubber hot mix pavement overlay for major arterials as a paving method to apply a new layer of asphalt to deteriorating roadway surfaces. Instead of demolishing the old asphalt surface completely, asphalt rubber hot mix overlay will use the existing layers of asphalt as a base for the new asphalt pavement. An asphalt rubber hot mix overlay project extends the life of the pavement an additional 15 to 20 years. Page 133 Page 2 1 0 6 3 ANALYSIS: The scope of work consists of weed kill, routing and crack sealing, cold milling, asphalt rubber hot mix overlay, adjusting existing manholes and valves to new grade, restriping and installation of pavement markings, handicap ramps, video detection, and the installation of green bike lane thermoplastic striping. The contract documents call for forty-five (45) working days to complete this project. The Notice Inviting Bids was released to the general contracting community and was published in the Daily Bulletin on November 9, and 16, 2021. The City Clerk’s Office facilitated the formal solicitation for bidding the project. On November 30, 2021, the City Clerk’s office received six (6) construction bids. The Engineer’s estimate for the project was $1,864,446. The apparent low bidder Onyx Paving Company, Inc. submitted a bid in the amount of $1,727,000. A full bid summary is included as Attachment 2. Engineering staff has reviewed all bids received and found all to be complete and in accordance with the bid requirements with any irregularities to be inconsequential. Staff has completed the required background investigation and finds the lowest responsive bidder Onyx Paving Company, Inc. meets the requirements of the bid documents. Staff has determined that the project is Categorically Exempt per Section 15301 “Existing Facilities” subsection (c), Class 1 California Environmental Quality Act (CEQA). FISCAL IMPACT: Anticipated construction costs are estimated to be as follows: Expenditure Category Amount Construction Contract $1,727,000 Construction Contract Contingency (10%)$172,700 Construction Inspection Services $50,638 Construction Materials Services $46,900 Construction Survey Services $39,776 Bid Noticing Advertisement $1,975 Estimated Construction Costs $2,038,989 A total of $2,617,000 is budgeted, made available and shown in the approved Fiscal Year 2021/22 Budget from the Road Maintenance and Rehabilitation Account (RMRA) (Fund 179) and Measure I (Fund 177) Funds to cover the anticipated project construction costs. Funding for this project is identified under Capital Improvement Project Account No.'s and in the amounts listed below: Account No.Funding Source Description Amount 11793035650/1935179-0 RMRA SB1 Fund (179)Rochester Avenue $1,700,000 11773035650/2000177-0 Measure I Fund (177)Rochester Avenue $338,989 Total Project Funding $2,038,989 Page 134 Page 3 1 0 6 3 COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This project meets our City Council core values by promoting and enhancing a safe and healthy community for all, and by providing continuous improvement through the construction of high- quality public improvements. ATTACHMENTS: Attachment 1 - Vicinity Map Attachment 2 - Bid Summary Page 135 ATTACHMENT 1 PROJECT# 800-2021-06 " ROCHESTER AVENUE PAVEMENT REHABILITATION 6TH STREET TO ARROW ROUTE” AND BASE LINE ROAD TO HIGHLAND AVE NOT TO SCALE Project Site Project Site Project Site Page 136 UNIT BID UNIT BID UNIT BID UNIT BID UNIT BID UNIT BID UNIT BID NO QTY UNIT DESCRIPTION COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT 1 1 LS Mobilization $34,986.00 $34,986.00 $34,000.00 $34,000.00 $15,000.00 $15,000.00 $30,000.00 $30,000.00 $76,000.00 $76,000.00 $30,000.00 $30,000.00 $45,809.23 $45,809.23 2 1 LS Traffic Control $69,972.00 $69,972.00 $55,000.00 $55,000.00 $50,000.00 $50,000.00 $40,000.00 $40,000.00 $55,000.00 $55,000.00 $116,520.49 $116,520.49 $94,200.00 $94,200.00 3 1 LS Clearing and Grubbing - Including all Removal and Disposal $10,000.00 $10,000.00 $11,000.00 $11,000.00 $5,000.00 $5,000.00 $37,000.00 $37,000.00 $11,500.00 $11,500.00 $60,000.00 $60,000.00 $45,000.00 $45,000.00 4 7,372 SY Variable Pavement Edge Cold Plane (0” – 2”) Per Details $6.75 $49,761.00 $2.52 $18,577.44 $2.60 $19,167.20 $1.90 $14,006.80 $3.20 $23,590.40 $2.75 $20,273.00 $2.12 $15,628.64 5 30,501 SF Grind Heavy Alligator Surface for a Depth of 2” (Width Per Plan)$1.00 $30,501.00 $0.66 $20,130.66 $0.45 $13,725.45 $0.71 $21,655.71 $1.10 $33,551.10 $0.45 $13,725.45 $2.51 $76,557.51 6 2,259 SF Grind Heavy Alligator Surface with Header Cut From 2” – 4” (Width Per Plan)$1.56 $3,514.00 $2.00 $4,518.00 $0.52 $1,174.68 $1.00 $2,259.00 $1.10 $2,484.90 $0.60 $1,355.40 $3.18 $7,183.62 7 410 TN Install 2” D2 PG 64-10 Asphalt Concrete $240.00 $98,400.00 $111.00 $45,510.00 $120.00 $49,200.00 $182.00 $74,620.00 $130.00 $53,300.00 $75.00 $30,750.00 $203.00 $83,230.00 8 3,645 TN Install 2” Thick Asphalt Rubber Hot Mix Overlay (ARHM)$90.00 $328,050.00 $89.89 $327,649.05 $90.00 $328,050.00 $88.00 $320,760.00 $86.25 $314,381.25 $88.00 $320,760.00 $99.00 $360,855.00 9 23 EA Adjust Existing Manhole Frame and Cover to Finish Grade $450.00 $10,350.00 $600.00 $13,800.00 $1,100.00 $25,300.00 $562.00 $12,926.00 $1,100.00 $25,300.00 $600.00 $13,800.00 $1,107.00 $25,461.00 10 64 EA Adjust Existing Water and Gas Valve Frame and Cover to Finish Grade $150.00 $9,600.00 $100.00 $6,400.00 $700.00 $44,800.00 $423.00 $27,072.00 $85.00 $5,440.00 $110.00 $7,040.00 $160.00 $10,240.00 11 1 EA Adjust Sewer Cleanout Cover to Finish Grade $400.00 $400.00 $600.00 $600.00 $900.00 $900.00 $562.00 $562.00 $1,100.00 $1,100.00 $150.00 $150.00 $1,146.00 $1,146.00 12 1 EA Coordinate with Utility Company to Adjust Existing Electrical Vault to Grade by Others $1,200.00 $1,200.00 $1,000.00 $1,000.00 $50.00 $50.00 $1,320.00 $1,320.00 $500.00 $500.00 $200.00 $200.00 $636.00 $636.00 13 3,544 SF Construct PCC Access Ramp Including Truncated Dome Per Plan (Appendix)$12.00 $42,528.00 $9.30 $32,959.20 $11.85 $41,996.40 $11.00 $38,984.00 $9.75 $34,554.00 $10.00 $35,440.00 $21.00 $74,424.00 14 186 LF Construct PCC Curb and Gutter Per Exhibits Including Sawcut, Removal, and Disposal of Existing Curb and Gutter $30.00 $5,580.00 $50.00 $9,300.00 $70.00 $13,020.00 $46.00 $8,556.00 $105.00 $19,530.00 $55.00 $10,230.00 $83.00 $15,438.00 15 84 SF Install Truncated Detectable Warning Surfaces $20.00 $1,680.00 $37.00 $3,108.00 $60.00 $5,040.00 $40.00 $3,360.00 $39.00 $3,276.00 $25.00 $2,100.00 $26.00 $2,184.00 16 4 EA Furnish and Install Polara Bulldog Pedestrian Push Button Post Assembly and Associated Conduit and Cables for a Fully Operational Pedestrian Push Button Per Caltrans Standard Plan ES-7A Complete in Place $1,500.00 $6,000.00 $3,500.00 $14,000.00 $3,500.00 $14,000.00 $3,100.00 $12,400.00 $3,200.00 $12,800.00 $2,700.00 $10,800.00 $3,710.00 $14,840.00 17 1 LS Traffic Striping, Signage, Post, Markings, and Markers Per Signing and Striping Plan Complete in Place (Excluding Green Bike Lane Treatment) $24,000.00 $24,000.00 $20,015.65 $20,015.65 $18,000.00 $18,000.00 $18,000.00 $18,000.00 $18,300.00 $18,300.00 $35,000.00 $35,000.00 $20,500.00 $20,500.00 18 3,929 SF Green Bike Lane Thermoplastic Per Signing and Striping Plan Complete in Place $12.00 $47,148.00 $8.00 $31,432.00 $7.50 $29,467.50 $7.80 $30,646.20 $8.00 $31,432.00 $9.50 $37,325.50 $8.00 $31,432.00 19 1 LS Furnish and Install Video Detection System for Rochester Avenue at Arrow Route Per Plan Complete in Place $45,000.00 $45,000.00 $48,000.00 $48,000.00 $45,000.00 $45,000.00 $47,200.00 $47,200.00 $49,000.00 $49,000.00 $57,000.00 $57,000.00 $51,650.00 $51,650.00 20 1 LS Adjust Video Detection Zone for Rochester Avenue at Jersey Boulevard and 6th Street Per New Striping Plan Alignment $1,000.00 $1,000.00 $3,000.00 $3,000.00 $20,000.00 $20,000.00 $2,050.00 $2,050.00 $2,200.00 $2,200.00 $1,000.00 $1,000.00 $2,650.00 $2,650.00 TOTAL BID AMOUNT:$819,670.00 $700,000.00 $738,891.23 $743,377.71 $773,239.65 $803,469.84 $979,065.00 UNIT BID UNIT BID UNIT BID UNIT BID UNIT BID UNIT BID UNIT BID NO QTY UNIT DESCRIPTION COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT 1 1 LS Mobilization $46,717.00 $46,717.00 $48,000.00 $48,000.00 $15,000.00 $15,000.00 $40,000.00 $40,000.00 $40,000.00 $40,000.00 $50,000.00 $50,000.00 $60,725.00 $60,725.00 2 1 LS Traffic Control $93,433.00 $93,433.00 $66,000.00 $66,000.00 $50,000.00 $50,000.00 $52,000.00 $52,000.00 $38,000.00 $38,000.00 $149,052.30 $149,052.30 $117,841.14 $117,841.14 3 1 LS Clearing and Grubbing - Including all Removal and Disposal $10,000.00 $10,000.00 $13,000.00 $13,000.00 $5,000.00 $5,000.00 $46,000.00 $46,000.00 $14,000.00 $14,000.00 $50,000.00 $50,000.00 $61,500.00 $61,500.00 4 9,394 SY Variable Pavement Edge Cold Plane (0” – 2”) Per Details $6.75 $63,409.50 $2.52 $23,672.88 $2.60 $24,424.40 $1.90 $17,848.60 $2.70 $25,363.80 $2.75 $25,833.50 $2.12 $19,915.28 5 2,558 SF Grind Heavy Alligator Surface for a Depth of 2” (Width Per Plan)$1.00 $2,558.00 $0.66 $1,688.28 $0.45 $1,151.10 $0.71 $1,816.18 $1.60 $4,092.80 $2.00 $5,116.00 $2.51 $6,420.58 6 32 TN Install 2” D2 PG 64-10 Asphalt Concrete $240.00 $7,680.00 $111.00 $3,552.00 $120.00 $3,840.00 $182.00 $5,824.00 $300.00 $9,600.00 $75.00 $2,400.00 $203.00 $6,496.00 7 4,605 TN Install 2” Thick Asphalt Rubber Hot Mix Overlay (ARHM)$90.00 $414,450.00 $89.89 $413,943.45 $90.00 $414,450.00 $88.00 $405,240.00 $89.00 $409,845.00 $88.00 $405,240.00 $99.00 $455,895.00 8 27 EA Adjust Existing Manhole Frame and Cover to Finish Grade $450.00 $12,150.00 $600.00 $16,200.00 $1,100.00 $29,700.00 $563.00 $15,201.00 $1,100.00 $29,700.00 $600.00 $16,200.00 $1,107.00 $29,889.00 9 53 EA Adjust Existing Water and Gas Valve Frame and Cover to Finish Grade $150.00 $7,950.00 $100.00 $5,300.00 $700.00 $37,100.00 $423.00 $22,419.00 $85.00 $4,505.00 $110.00 $5,830.00 $160.00 $8,480.00 10 2 EA Coordinate with Utility Company to Adjust Existing Electrical Vault to Grade by Others $1,200.00 $2,400.00 $1,000.00 $2,000.00 $50.00 $100.00 $1,320.00 $2,640.00 $265.00 $530.00 $300.00 $600.00 $636.00 $1,272.00 11 11,726 SF Construct PCC Access Ramp Including Truncated Dome Per Plan (Appendix)$12.00 $140,712.00 $9.30 $109,051.80 $11.85 $138,953.10 $11.00 $128,986.00 $9.75 $114,328.50 $10.00 $117,260.00 $21.00 $246,246.00 12 806 LF Construct PCC Curb and Gutter Per Exhibits Including Sawcut, Removal, and Disposal of Existing Curb and Gutter $30.00 $24,180.00 $50.00 $40,300.00 $62.00 $49,972.00 $45.00 $36,270.00 $80.00 $64,480.00 $55.00 $44,330.00 $83.00 $66,898.00 13 349 LF Construct PCC Retaining Curb Per Exhibits $7.00 $2,443.00 $44.00 $15,356.00 $28.00 $9,772.00 $34.00 $11,866.00 $46.50 $16,228.50 $22.00 $7,678.00 $62.00 $21,638.00 14 701 SF Construct PCC Spandrels Including Sawcut, Removal, and Disposal of Existing PCC Per City STD. Plan No. 106-A $14.00 $9,814.00 $22.00 $15,422.00 $20.00 $14,020.00 $33.00 $23,133.00 $23.25 $16,298.25 $13.00 $9,113.00 $33.00 $23,133.00 15 276 SF Install Truncated Detectable Warning Surfaces $20.00 $5,520.00 $37.00 $10,212.00 $60.00 $16,560.00 $30.00 $8,280.00 $39.25 $10,833.00 $22.00 $6,072.00 $26.00 $7,176.00 16 13 EA Furnish and Install Polara Bulldog Pedestrian Push Button Post Assembly and Associated Conduit and Cables for a Fully Operational Pedestrian Push Button Per Caltrans Standard Plan ES-7A Complete in Place $1,500.00 $19,500.00 $3,500.00 $45,500.00 $3,000.00 $39,000.00 $3,100.00 $40,300.00 $3,200.00 $41,600.00 $2,500.00 $32,500.00 $3,710.00 $48,230.00 17 1 LS Traffic Striping, Signage, Post, Markings, and Markers Per Signing and Striping Plan Complete in Place (Excluding Green Bike Lane Treatment) $2,000.00 $2,000.00 $20,061.59 $20,061.59 $20,000.00 $20,000.00 $19,900.00 $19,900.00 $20,000.00 $20,000.00 $48,000.00 $48,000.00 $18,240.00 $18,240.00 18 3,655 SF Green Bike Lane Thermoplastic Per Signing and Striping Plan Complete in Place $12.00 $43,860.00 $8.00 $29,240.00 $7.50 $27,412.50 $7.73 $28,253.15 $8.00 $29,240.00 $9.00 $32,895.00 $8.00 $29,240.00 19 1 LS Furnish and Install Video Detection System for Rochester Avenue at Highland Avenue Per Plan Complete in Place $45,000.00 $45,000.00 $48,500.00 $48,500.00 $45,000.00 $45,000.00 $47,000.00 $47,000.00 $49,000.00 $49,000.00 $57,000.00 $57,000.00 $51,650.00 $51,650.00 20 1 LS Furnish and Install Video Detection System for Rochester Avenue at Lark Drive Per Plan Complete in Place $45,000.00 $45,000.00 $48,500.00 $48,500.00 $35,000.00 $35,000.00 $42,000.00 $42,000.00 $44,000.00 $44,000.00 $48,000.00 $48,000.00 $45,000.00 $45,000.00 21 1 LS Furnish and Install Video Detection System for Rochester Avenue at Victoria Park Lane Per Plan Complete in Place $45,000.00 $45,000.00 $48,500.00 $48,500.00 $45,000.00 $45,000.00 $47,400.00 $47,400.00 $49,000.00 $49,000.00 $57,000.00 $57,000.00 $51,650.00 $51,650.00 22 1 LS Adjust Video Detection Zone for Rochester Avenue at Base Line Road Per New Striping Alignment $1,000.00 $1,000.00 $3,000.00 $3,000.00 $2,000.00 $2,000.00 $2,050.00 $2,050.00 $2,200.00 $2,200.00 $1,100.00 $1,100.00 $2,650.00 $2,650.00 TOTAL BID AMOUNT:$1,044,776.50 $1,027,000.00 $1,023,455.10 $1,044,426.93 $1,032,844.85 $1,171,219.80 $1,380,185.00 TOTAL SCHEDULE A + SCHEDULE B BID AMOUNT:$1,864,446.50 $1,727,000.00 $1,762,346.33 $1,787,804.64 $1,806,084.50 $1,974,689.64 $2,359,250.00 2 SCHEDULE A (6TH STREET TO ARROW ROUTE): 3BID DATE: NOVEMBER 30, 2021 ENGINEER'S ESTIMATERochester Avenue Pavement Rehabilitation - 6th Street to Arrow Route and Base Line Road to Highland Avenue GENTRY BROTHERS INC. APPARENT LOW BIDDER ONYX PAVING COMPANY, INC.SEQUAL CONTRACTOR 4 R.J. NOBLE COMPANY 5 ALL AMERICAN ASPHALT SCHEDULE B (BASE LINE ROAD TO HIGHLAND AVENUE): 6 HARDY & HARPER, INC. Rochester Avenue Pavement Rehabilitation - 6th Street to Arrow Route and Base Line Road to Highland Avenue ENGINEER'S ESTIMATE ATTACHMENT 2 Page 137 DATE:December 15, 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 Justine Garcia, Deputy Director of Engineering Services SUBJECT:Consideration of a Resolution Authorizing the Acceptance of the Conveyance of Property from the California Department of Transportation (Caltrans) and Authorizing the Appropriation of Funds for the Purchase. (RESOLUTION NO. 2021-134) (CITY) RECOMMENDATION: Staff recommends that the City Council adopt the resolution authorizing the acceptance of the conveyance of property from Caltrans and authorize the appropriation of funds for this purchase. BACKGROUND: In April of 2021 the City was informed by Caltrans that an excess parcel located at Cherry Avenue north of I-15, had been made available for purchase and that they were looking to gauge interest from adjoining property owners, which included the City and a private property owner to the north of the parcel. Both parties expressed interest in purchasing the property for fair market value therefore Caltrans scheduled and hosted a virtual sealed bid auction on August 30, 2021. The City submitted a sealed bid of $230,000 and was ultimately deemed the winning bidder. As a condition of purchase, the City was required to pay a 10% deposit within five (5) business days of the sealed bid opening. A check in the amount of $23,000 was provided to Caltrans on September 2, 2021 and initiated the process to complete the purchase and sale of the excess parcel. On December 9, 2021, the Planning Commission made findings that the acquisition of this property is in conformance with the City’s General Plan. ANALYSIS: The parcel located east of Cherry Avenue north of the I-15 freeway is approximately 3.37 acres and is currently vacant and undeveloped. While a specific project has not been identified as of yet, the acquisition of this property will allow for the opportunity to develop potential recreation or green space that would serve both the immediate community and/or be a regional attraction. The proposed resolution formally accepts the conveyance of the property, establishes General Plan conformity, determines that the purchase is not subject to CEQA review, and authorizes various actions by staff to complete the purchase transaction. Page 138 Page 2 1 0 5 8 FISCAL IMPACT: The purchase price of this parcel is $230,000, based on the bid that was submitted by the City to Caltrans during the sealed bid auction. Funding for this purchase will be provided by the City’s Capital Reserve Fund. An appropriation in the amount of $230,000 is being requested from this reserve into account number 1025001-5600 (Capital Outlay-Land). COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: Acquisition of this property supports the Council’s vision to build on our success as a world-class community, by intentionally embracing and anticipating the future, and to create opportunities for all to thrive. ATTACHMENTS: Attachment 1 – Resolution No. 2021-134 Page 139 RESOLUTION NO. 2021-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF THE CONVEYANCE OF PROPERTY FROM THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) WHEREAS, the City of Rancho Cucamonga desires to purchase land described in the purchase agreement attached hereto (the "Property") for the following public purpose(s): recreation or other public use; WHEREAS, pursuant to direction from the City Council, City staff have negotiated a purchase and sale agreement for the acquisition of such Property from the California Department of Transportation (Caltrans) ("Seller") in the form attached hereto ("Purchase Agreement"). WHEREAS, the City Manager has executed the Purchase Agreement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS: Section 1. The above recitals are true and correct and are a substantive part of this Resolution. Section 2. Subject to the conformity finding described in Section 3 being made by the Planning Commission of the City, the City accepts the conveyance of the Property by Seller pursuant to the terms of the Purchase Agreement, the execution of the Purchase Agreement by the City Manager is hereby ratified, and the City Manager is hereby authorized and directed to execute and deliver an appropriate certificate of acceptance with respect to the deed for the Property (and any other documents contemplated or required by the Purchase Agreement) and cause the deed, and the certificate of acceptance, to be recorded. Section 3. Section 65402(a) of the California Government Code requires that no real property shall be acquired until the location, purpose and extent of such acquisition has been reviewed for conformity with the general plan. Consequently, the City Council's approvals and ratification in Section 2 are subject to the Planning Commission making such conformity finding. Section 4. This purchase was assessed in accordance with the criteria contained in the California Environmental Quality Act ("CEQA"), the State CEQA Guidelines, and the City's local CEQA Guidelines. Staff has determined that the Page 140 proposed purchase is exempt from the requirements of CEQA. It can be seen with certainty that there is no possibility that the transfer and purchase of this property without any project associated with it will have a significant effect on the environment, because there is no project contemplated that is associated with the transfer and purchase. The City Council has reviewed the staff's determination of exemption and, based on its own independent judgment, concurs in staff's determination that the proposed purchase is exempt from CEQA and therefore not subject to CEQA review pursuant to Title 14, Chapter 3, Section 15061(b)(3) of the California Code of Regulations. A Notice of Exemption will be prepared. Section 5. The officers and staff of the City are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable to effectuate this Resolution and any such actions previously taken by such officers and staff are hereby ratified and confirmed. Section 6. The City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED and ADOPTED this 15th day of December, 2021. Page 141 EXHIBIT "A" FORM OF PURCHASE AND SALE AGREEMENT (Attached.) Page 142 Page 143 Page 144 EXHIBIT "B" LEGAL DESCRIPTION Page 145 Exhibit “A” Legal Description Parcel No. DD004461-01-03 That portion of Grant Deed to the State of California recorded November 18, 1974 in Book 8559, Pages 60 through 65 of Official Records, in the Office of the San Bernardino County Recorder, in the City of Rancho Cucamonga, County of San Bernardino, State of California, lying northwesterly of the following described line: BEGINNING at the easterly terminus of Course “P” as described in said Grant Deed; thence (Course “Z”) South 44°39’44” West 1,776.81 feet to a point 60.00 feet easterly of and parallel with the West line of the Northwest Quarter of Section 26, Township 1 North, Range 6 West, San Bernardino Meridian, according to the Official Plat thereof; being the POINT OF TERMINUS of said reference line. EXCEPTING THEREFROM all that portion lying northerly of Courses “P” through “T” as described in said Grant Deed. There shall be no abutter’s rights, including rights of access, appurtenant to the above described real property in and to the adjacent State highway along hereinabove said Course “Z”. 08-SBd-015-PM 8.6 DD004461-01-03 Page 146 e Professional Land Surveyor Exhibit “A” Legal Description Parcel No. DD004461-01-03 The distances used in the above description are based on the California Coordinate System of 1983, Zone 5. Multiply all distances used in the above description by 1.00009175 to obtain ground level distances. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors’ Act. Signatur _________________________________ Date: March 21, 2020 08-SBd-015-PM 8.6 DD004461-01-03 Page 147 &nbsp;&nbsp;Page 148 &nbsp;&nbsp;Page 149 EXHIBIT "C" FORM OF GRANT DEED Page 150 RECORDING REQUESTED BY When Recorded Mail To STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION 464 W. 4th STREET, 6th FLOOR SAN BERNARDINO, CA 92401-1400 Attention: Excess Lands Manager– MS 980 Space above this line for Recorder’s Use MAIL TAX City of Rancho Cucamonga – John Gillison, City Manager 10500 Civic Center Dr., Rancho Cucamonga, CA 91730 STATEMENTS TO: Deed - DD004461-01-03 DJ 10/2015 DIRECTOR’S DEED GRANT District County Route Postmile Number 08 SBd 015 8.9-9.2 DD004461-01-03 The State of California, acting by and through its Director of Transportation, hereinafter called STATE, hereby grants to __________CITY OF RANCHO CUCAMONGA, a municipal corporation__________________________ hereinafter called GRANTEE, that real property in the City of Rancho Cucamonga, County of San Bernardino, State of California, described as follows: See the fee simple interest in Exhibit “A”, attached. Subject to special assessments if any, restrictions, reservations, and easements of record. 08-SBd-015-PM 8.9-9.2-DD004461-01-03 This conveyance is executed pursuant to the authority vested in the Director of Transportation by law and, in particular, by the Streets and Highways Code. Page 151 Number DD004461-01-03 Deed - DD004461-01-03 DJ 10/2015 Dated STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION APPROVED AS TO FORM AND PROCEDURE By ATTORNEY DEPARTMENT OF TRANSPORTATION Director of Transportation By Attorney in Fact 08-SBd-015-PM 8.9-9.2-DD004461-01-03 This Space Reserved for California Transportation Commission Certification Page 152 Exhibit “A” Legal Description Parcel No. DD004461-01-03 That portion of Grant Deed to the State of California recorded November 18, 1974 in Book 8559, Pages 60 through 65 of Official Records, in the Office of the San Bernardino County Recorder, in the City of Rancho Cucamonga, County of San Bernardino, State of California, lying northwesterly of the following described line: BEGINNING at the easterly terminus of Course “P” as described in said Grant Deed; thence (Course “Z”) South 44°39’44” West 1,776.81 feet to a point 60.00 feet easterly of and parallel with the West line of the Northwest Quarter of Section 26, Township 1 North, Range 6 West, San Bernardino Meridian, according to the Official Plat thereof; being the POINT OF TERMINUS of said reference line. EXCEPTING THEREFROM all that portion lying northerly of Courses “P” through “T” as described in said Grant Deed. There shall be no abutter’s rights, including rights of access, appurtenant to the above described real property in and to the adjacent State highway along hereinabove said Course “Z”. 08-SBd-015-PM 8.6 DD004461-01-03 Page 153 e Professional Land Surveyor Exhibit “A” Legal Description Parcel No. DD004461-01-03 The distances used in the above description are based on the California Coordinate System of 1983, Zone 5. Multiply all distances used in the above description by 1.00009175 to obtain ground level distances. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors’ Act. Signatur _________________________________ Date: March 21, 2020 08-SBd-015-PM 8.6 DD004461-01-03 Page 154 DATE:December 15, 2021 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Lori Sassoon, Deputy City Manager/Administrative Services SUBJECT:Consideration of Resolution No. 2021-135, Authorizing the City to Enter into the Settlement Agreements with McKesson Corporation, Cardinal Health, Inc., AmerisourceBergen Corporation, Johnson & Johnson, Janssen Pharmaceuticals, Inc., Ortho-McNeil-Janssen Pharmaceuticals, Inc., and Janssen Pharmaceutica, Inc., Agree to the Terms of the Memorandum of Understanding Allocating Settlement Proceeds, and Authorize Entry into the Memorandum of Understanding with the Attorney General; and authorize the City Attorney to take all actions necessary and convenient to implement the settlements. (RESOLUTION NO. 2021-135) (CITY) RECOMMENDATION: Staff recommends that the City Council adopt the resolution, and authorize the City Attorney to take all actions necessary and convenient to implement the settlements. BACKGROUND: Between 2017 and 2020, the State of California, 51 of 58 California counties and approximately 28 California cities filed lawsuits against opioid manufactures and distributors seeking to abate the opioid crisis. Similar lawsuits were filed by almost all states and many cities and local governments within those states. These lawsuits were consolidated into one lawsuit in the Federal Court for the Northern District of Ohio. The Court converted the consolidated lawsuits into a class action lawsuit with the Plaintiff’s Class consisting of all states and local governments in the United States. As a result, the City of Rancho Cucamonga is a Plaintiff in these lawsuits although the City is not required to pay any attorney fees or litigation costs. The Court appointed a group of 30 attorneys representing state, county and city governments to serve as the Plaintiffs’ Executive Committee to control the litigation on behalf of the Plaintiffs and, if possible, negotiate a settlement. ANALYSIS: Nationwide settlements have been proposed to resolve all opioid litigation brought by states and local political subdivisions against the three largest pharmaceutical distributors: McKesson, Cardinal Health and AmerisourceBergen (“Distributors”), and manufacturer Janssen Pharmaceuticals, Inc. and its parent company Johnson & Johnson (collectively, “J&J”). These settlements will provide substantial funds to states and local political subdivisions for abatement of the opioid epidemic across the country and will impose transformative changes in the way these companies conduct their business. Page 155 Page 2 1 0 6 0 Settlement Basic Terms: Distributors will pay a maximum of $21 billion over 18 years; J&J will pay a maximum of $5 billion over no more than nine years. Of this potential $26 billion, approximately $22.8 billion in settlement proceeds is payable to state and local subdivisions. Based on the allocation formula for the States, the maximum amount California will receive will be approximately $2.2 billion, with $339 million being retained by the State and $1.9 billion being allocated to counties and cities within the State. Based on the allocation formula for cities, it is anticipated that the City of Rancho Cucamonga will receive an estimated $1.3 million over the term of the settlement. Actual settlement proceeds to be paid to the states and local political subdivision will be in proportion to the number of states and local political subdivisions that approve the Settlements, so the final amount may vary from this estimate. The settlements allow for a broad range of approved uses by state and local governments to abate the opioid epidemic. A list of approved uses is found at Exhibit E of the Master Settlement Agreements (Attachment 2). Agreements also provide for injunctive relief that requires important changes to the Distributors’ and J&J’s conduct to better protect our nation’s health and welfare. o Creation of a groundbreaking clearinghouse through which the Distributors will be required to account not only for their own shipments, but also the shipments of the other distributors, in order to detect, stop, and report suspicious opioids orders. o J&J (which ceased marketing opioids in 2015 and ceased selling opioids in 2020) will not market or sell any opioid products in the next ten years and has agreed to cease lobbying concerning prescription opioids for ten years. o J&J also has agreed to make the clinical trial data for its discontinued opioids available for medical research. California Allocation Terms: The National Settlements allot a certain amount of money to California to be allocated between the State and local governments by agreement (the “Allocation Agreements”), with the State retaining 15%, and the remaining 85% allocated to participating counties and cities. No less than 50% of each local government’s allocation in each calendar year spent on one or more of the following High Impact Abatement Activities: o The provision of matching funds or operating costs for substance use disorder facilities within the Behavioral Health Continuum Infrastructure Program; o Creating new or expanded Substance Use Disorder (“SUD”) treatment infrastructure; o Addressing the needs of communities of color and vulnerable populations (including sheltered and unsheltered homeless populations) that are disproportionately impacted by SUD; o Diversion of people with SUD from the justice system into treatment, including by providing training and resources to first and early responders (sworn and non-sworn) and implementing best practices for outreach, diversion and deflection, employability, restorative justice, and harm reduction; and/or o Interventions to prevent drug addiction in vulnerable youth. Participating cities must sign the Participation Agreements to the Settlements in order to be allocated their local allocations. Cities can then request direct payment of their settlement funds, or let the local allocation be paid to the County in which the city is located. Cities that elect for direct payment must follow the use and reporting requirements of the Allocation Agreements and Settlement Agreements. January 2, 2022, is the deadline for each local government to approve the settlement agreements and participate. Page 156 Page 3 1 0 6 0 The City Attorney’s Office has participated in a number of countywide calls with the County Counsel’s Office to more fully understand the litigation and the potential benefits of the proposed settlements. The settlements are the product of years of litigation and settlement negotiations. All parties believe this is a fair settlement that brings significant funding to address the opioid epidemic. It is recommended that the City participate in the settlement, approve the agreements, and retain the settlement funds over the coming years for programs and services to be developed to serve Rancho Cucamonga residents in accordance with the program guidelines. FISCAL IMPACT: By this action, the City would receive an estimated $1.3 million in settlement funds over the next 18 years for the specified uses related to opioid response, treatment, and prevention. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This action promotes the Council’s core value of promoting and enhancing a safe and healthy community for all. ATTACHMENTS: Attachment 1 – Resolution No. 2021-135 Attachment 2 – Exhibit E to the National Settlement Agreements describing the allowable uses for the Settlement Funds Page 157 ATTACHMENT 1 RESOLUTION NO. _____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA AUTHORIZING THE CITY OF RANCHO CUCAMONGA TO ENTER INTO THE SETTLEMENT AGREEMENTS WITH MCKESSON CORPORATION, CARDINAL HEALTH, INC., AMERISOURCEBERGEN CORPORATION, JOHNSON & JOHNSON, JANSSEN PHARMACEUTICALS, INC., ORTHO-MCNEIL-JANSSEN PHARMACEUTICALS, INC., AND JANSSEN PHARMACEUTICA, INC., AGREE TO THE TERMS OF THE STATE-SUBDIVISION AGREEMENTS, AND AUTHORIZE ENTRY INTO THE STATE-SUBDIVISION AGREEMENTS WITH THE ATTORNEY GENERAL WHEREAS, the United States is facing an ongoing public health crisis of opioid abuse, addiction, overdose, and death, forcing the State of California and California counties and cities to spend billions of dollars each year to address the direct consequences of this crisis; and, WHEREAS, pending in the U.S. District Court for the Northern District of Ohio is a multidistrict litigation (“MDL”) being pursued by numerous public entity plaintiffs against the manufacturers and distributors of various opioids based on the allegation that the defendants’ unlawful conduct caused the opioid epidemic; and, WHEREAS, on or about July 1, 2021, a proposed nationwide tentative settlement was reached between the plaintiffs in the MDL and several of the defendants, specifically McKesson Corporation, Cardinal Health, Inc., AmerisourceBergen Corporation (collectively, “Distributors”), and Johnson & Johnson, Janssen Pharmaceuticals, Inc., Ortho-McNeil-Janssen Pharmaceuticals, Inc., and Janssen Pharmaceutica, Inc. (collectively, “J&J”) (all collectively, the “Settling Defendants”); and, WHEREAS, as part of the settlement with the Settling Defendants, local subdivisions, including certain cities, that are not plaintiffs in the MDL may participate in the settlement in exchange for a release of the Settling Defendants; and, WHEREAS, copies of the proposed terms of those proposed nationwide settlements have been set forth in the Distributors Master Settlement Agreement and the J&J Master Settlement Agreement (collectively “Settlement Agreements”); and, WHEREAS, copies of the Settlement Agreements have been provided to the City Council with this Resolution; and, WHEREAS, the Settlement Agreements provide, among other things, for the payment of a certain sum to settling government entities in California including to the State of California and Participating Subdivisions upon occurrence of certain events as defined in the Settlement Agreements (“California Opioid Funds”); and, Page 158 2 1 9 0 7 WHEREAS, California local governments in the MDL have engaged in extensive discussions with the State Attorney General’s Office (“AGO”) as to how the California Opioid Funds will be allocated, which has resulted in the Proposed California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds- Distributor Settlement and Proposed California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds- Janssen Settlement (collectively the “Allocation Agreements,”) which are agreements between all of the entities identified in the Allocation Agreements; and, WHEREAS, copies of the Allocation Agreements have been provided with this Resolution; and, WHEREAS, the Allocation Agreements allocate the California Opioid Funds as follows: 15% to the State Fund; 70% to the Abatement Accounts Fund; and 15% to the Subdivision Fund. For the avoidance of doubt, all funds allocated to California from the Settlements shall be combined pursuant to Allocation Agreements, and 15% of that total shall be allocated to the State of California (the “State of California Allocation”), 70% to the California Abatement Accounts Fund (“CA Abatement Accounts Fund”), and 15% to the California Subdivision Fund (“CA Subdivision Fund”); and, WHEREAS, under the Settlement Agreements, certain local subdivisions that did not file a lawsuit against the Settlement Defendants may qualify to participate in the Settlement and obtain funds from the Abatement Account Fund; and, WHEREAS, the City is eligible to participate in the Settlement and become a CA Participating Subdivision; and, WHEREAS, the funds in the CA Abatement Accounts Fund (the 70% allocation) will be allocated based on the allocation model developed in connection with the proposed negotiating class in the National Prescription Opiate Litigation (MDL No. 2804), as adjusted to reflect only those cities and counties that are eligible, based on population or litigation status, to become a CA Participating Subdivision (those above 10,000 in population). The percentage from the CA Abatement Accounts Fund allocated to each CA Participating Subdivision is set forth in Appendix 1 to the Allocation Agreements and provided to the City Council with this Resolution. The City’s share of the CA Abatement Accounts Fund will be a product of the total in the CA Abatement Accounts Fund multiplied by the City’s percentage set forth in Appendix 1 (the “Local Allocation”); and, WHEREAS, a CA Participating Subdivision that is a city will be allocated its Local Allocation share as of the date on which it becomes a Participating Subdivision. The Local Allocation share for a city that is a CA Participating Subdivision will be paid to the county in which the city is located, unless the city elects to take a direct election of the settlement funds, so long as: (a) the county is a CA Participating Subdivision, and (b) the city has not advised the Settlement Fund Administrator that it requests direct payment at least 60 days prior to a Payment Date; and, Page 159 3 1 9 0 7 WHEREAS, it the intent of this Resolution is to authorize the City to enter into the Settlement Agreements by executing the Participation Agreements and to enter into the Allocation Agreements by executing the signature page to those agreements. NOW, THEREFORE, BE IT RESOLVED: the City Council hereby approves and authorizes City Attorney Nicholas Ghirelli to settle and release the City’s claims against the Settling Defendants in exchange for the consideration set forth in the Settlement Agreements, Allocation Agreements and all exhibits thereto. BE IT FURTHER RESOLVED that all actions heretofore taken by the City Council and other appropriate public officers and agents of the City with respect to the matters contemplated under this Resolution are hereby ratified, confirmed and approved. Adopted by the Rancho Cucamonga City Council this ___ day of ____________, 2021. ___________________________________ ATTEST: ___________________________________ Page 160 DISTRIBUTORS’ 9.18.21 EXHIBIT UPDATES E-1 EXHIBIT E List of Opioid Remediation Uses Schedule A Core Strategies States and Qualifying Block Grantees shall choose from among the abatement strategies listed in Schedule B. However, priority shall be given to the following core abatement strategies (“Core Strategies”).14 A.NALOXONE OR OTHER FDA-APPROVED DRUG TO REVERSE OPIOID OVERDOSES 1.Expand training for first responders, schools, community support groups and families; and 2.Increase distribution to individuals who are uninsured or whose insurance does not cover the needed service. B.MEDICATION-ASSISTED TREATMENT (“MAT”) DISTRIBUTION AND OTHER OPIOID-RELATED TREATMENT 1.Increase distribution of MAT to individuals who are uninsured or whose insurance does not cover the needed service; 2.Provide education to school-based and youth-focused programs that discourage or prevent misuse; 3.Provide MAT education and awareness training to healthcare providers, EMTs, law enforcement, and other first responders; and 4.Provide treatment and recovery support services such as residential and inpatient treatment, intensive outpatient treatment, outpatient therapy or counseling, and recovery housing that allow or integrate medication and with other support services. 14 As used in this Schedule A, words like “expand,” “fund,” “provide” or the like shall not indicate a preference for new or existing programs. ATTACHMENT 2 Page 161 DISTRIBUTORS’ 9.18.21 EXHIBIT UPDATES E-2 C.PREGNANT & POSTPARTUM WOMEN 1.Expand Screening, Brief Intervention, and Referral to Treatment (“SBIRT”) services to non-Medicaid eligible or uninsured pregnant women; 2.Expand comprehensive evidence-based treatment and recovery services, including MAT, for women with co- occurring Opioid Use Disorder (“OUD”) and other Substance Use Disorder (“SUD”)/Mental Health disorders for uninsured individuals for up to 12 months postpartum; and 3.Provide comprehensive wrap-around services to individuals with OUD, including housing, transportation, job placement/training, and childcare. D.EXPANDING TREATMENT FOR NEONATAL ABSTINENCE SYNDROME (“NAS”) 1.Expand comprehensive evidence-based and recovery support for NAS babies; 2.Expand services for better continuum of care with infant- need dyad; and 3.Expand long-term treatment and services for medical monitoring of NAS babies and their families. E.EXPANSION OF WARM HAND-OFF PROGRAMS AND RECOVERY SERVICES 1.Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments; 2.Expand warm hand-off services to transition to recovery services; 3.Broaden scope of recovery services to include co-occurring SUD or mental health conditions; 4.Provide comprehensive wrap-around services to individuals in recovery, including housing, transportation, job placement/training, and childcare; and 5.Hire additional social workers or other behavioral health workers to facilitate expansions above. Page 162 DISTRIBUTORS’ 9.18.21 EXHIBIT UPDATES E-3 F.TREATMENT FOR INCARCERATED POPULATION 1.Provide evidence-based treatment and recovery support, including MAT for persons with OUD and co-occurring SUD/MH disorders within and transitioning out of the criminal justice system; and 2.Increase funding for jails to provide treatment to inmates with OUD. G.PREVENTION PROGRAMS 1.Funding for media campaigns to prevent opioid use (similar to the FDA’s “Real Cost” campaign to prevent youth from misusing tobacco); 2.Funding for evidence-based prevention programs in schools; 3.Funding for medical provider education and outreach regarding best prescribing practices for opioids consistent with the 2016 CDC guidelines, including providers at hospitals (academic detailing); 4.Funding for community drug disposal programs; and 5.Funding and training for first responders to participate in pre-arrest diversion programs, post-overdose response teams, or similar strategies that connect at-risk individuals to behavioral health services and supports. H.EXPANDING SYRINGE SERVICE PROGRAMS 1.Provide comprehensive syringe services programs with more wrap-around services, including linkage to OUD treatment, access to sterile syringes and linkage to care and treatment of infectious diseases. I.EVIDENCE-BASED DATA COLLECTION AND RESEARCH ANALYZING THE EFFECTIVENESS OF THE ABATEMENT STRATEGIES WITHIN THE STATE Page 163 DISTRIBUTORS’ 9.18.21 EXHIBIT UPDATES E-4 Schedule B Approved Uses Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder or Mental Health (SUD/MH) conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: PART ONE: TREATMENT A.TREAT OPIOID USE DISORDER (OUD) Support treatment of Opioid Use Disorder (“OUD”) and any co-occurring Substance Use Disorder or Mental Health (“SUD/MH”) conditions through evidence-based or evidence- informed programs or strategies that may include, but are not limited to, those that:15 1.Expand availability of treatment for OUD and any co-occurring SUD/MH conditions, including all forms of Medication-Assisted Treatment (“MAT”) approved by the U.S. Food and Drug Administration. 2.Support and reimburse evidence-based services that adhere to the American Society of Addiction Medicine (“ASAM”) continuum of care for OUD and any co- occurring SUD/MH conditions. 3.Expand telehealth to increase access to treatment for OUD and any co-occurring SUD/MH conditions, including MAT, as well as counseling, psychiatric support, and other treatment and recovery support services. 4.Improve oversight of Opioid Treatment Programs (“OTPs”) to assure evidence- based or evidence-informed practices such as adequate methadone dosing and low threshold approaches to treatment. 5.Support mobile intervention, treatment, and recovery services, offered by qualified professionals and service providers, such as peer recovery coaches, for persons with OUD and any co-occurring SUD/MH conditions and for persons who have experienced an opioid overdose. 6.Provide treatment of trauma for individuals with OUD (e.g., violence, sexual assault, human trafficking, or adverse childhood experiences) and family members (e.g., surviving family members after an overdose or overdose fatality), and training of health care personnel to identify and address such trauma. 7.Support evidence-based withdrawal management services for people with OUD and any co-occurring mental health conditions. 15 As used in this Schedule B, words like “expand,” “fund,” “provide” or the like shall not indicate a preference for new or existing programs. Page 164 DISTRIBUTORS’ 9.18.21 EXHIBIT UPDATES E-5 8.Provide training on MAT for health care providers, first responders, students, or other supporting professionals, such as peer recovery coaches or recovery outreach specialists, including telementoring to assist community-based providers in rural or underserved areas. 9.Support workforce development for addiction professionals who work with persons with OUD and any co-occurring SUD/MH conditions. 10.Offer fellowships for addiction medicine specialists for direct patient care, instructors, and clinical research for treatments. 11.Offer scholarships and supports for behavioral health practitioners or workers involved in addressing OUD and any co-occurring SUD/MH or mental health conditions, including, but not limited to, training, scholarships, fellowships, loan repayment programs, or other incentives for providers to work in rural or underserved areas. 12.Provide funding and training for clinicians to obtain a waiver under the federal Drug Addiction Treatment Act of 2000 (“DATA 2000”) to prescribe MAT for OUD, and provide technical assistance and professional support to clinicians who have obtained a DATA 2000 waiver. 13.Disseminate of web-based training curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service–Opioids web-based training curriculum and motivational interviewing. 14.Develop and disseminate new curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service for Medication– Assisted Treatment. B.SUPPORT PEOPLE IN TREATMENT AND RECOVERY Support people in recovery from OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the programs or strategies that: 1.Provide comprehensive wrap-around services to individuals with OUD and any co-occurring SUD/MH conditions, including housing, transportation, education, job placement, job training, or childcare. 2.Provide the full continuum of care of treatment and recovery services for OUD and any co-occurring SUD/MH conditions, including supportive housing, peer support services and counseling, community navigators, case management, and connections to community-based services. 3.Provide counseling, peer-support, recovery case management and residential treatment with access to medications for those who need it to persons with OUD and any co-occurring SUD/MH conditions. Page 165 DISTRIBUTORS’ 9.18.21 EXHIBIT UPDATES E-6 4.Provide access to housing for people with OUD and any co-occurring SUD/MH conditions, including supportive housing, recovery housing, housing assistance programs, training for housing providers, or recovery housing programs that allow or integrate FDA-approved mediation with other support services. 5.Provide community support services, including social and legal services, to assist in deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions. 6.Support or expand peer-recovery centers, which may include support groups, social events, computer access, or other services for persons with OUD and any co-occurring SUD/MH conditions. 7.Provide or support transportation to treatment or recovery programs or services for persons with OUD and any co-occurring SUD/MH conditions. 8.Provide employment training or educational services for persons in treatment for or recovery from OUD and any co-occurring SUD/MH conditions. 9.Identify successful recovery programs such as physician, pilot, and college recovery programs, and provide support and technical assistance to increase the number and capacity of high-quality programs to help those in recovery. 10.Engage non-profits, faith-based communities, and community coalitions to support people in treatment and recovery and to support family members in their efforts to support the person with OUD in the family. 11.Provide training and development of procedures for government staff to appropriately interact and provide social and other services to individuals with or in recovery from OUD, including reducing stigma. 12.Support stigma reduction efforts regarding treatment and support for persons with OUD, including reducing the stigma on effective treatment. 13.Create or support culturally appropriate services and programs for persons with OUD and any co-occurring SUD/MH conditions, including new Americans. 14.Create and/or support recovery high schools. 15.Hire or train behavioral health workers to provide or expand any of the services or supports listed above. C.CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED (CONNECTIONS TO CARE) Provide connections to care for people who have—or are at risk of developing—OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that: Page 166 DISTRIBUTORS’ 9.18.21 EXHIBIT UPDATES E-7 1.Ensure that health care providers are screening for OUD and other risk factors and know how to appropriately counsel and treat (or refer if necessary) a patient for OUD treatment. 2.Fund SBIRT programs to reduce the transition from use to disorders, including SBIRT services to pregnant women who are uninsured or not eligible for Medicaid. 3.Provide training and long-term implementation of SBIRT in key systems (health, schools, colleges, criminal justice, and probation), with a focus on youth and young adults when transition from misuse to opioid disorder is common. 4.Purchase automated versions of SBIRT and support ongoing costs of the technology. 5.Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments. 6.Provide training for emergency room personnel treating opioid overdose patients on post-discharge planning, including community referrals for MAT, recovery case management or support services. 7.Support hospital programs that transition persons with OUD and any co-occurring SUD/MH conditions, or persons who have experienced an opioid overdose, into clinically appropriate follow-up care through a bridge clinic or similar approach. 8.Support crisis stabilization centers that serve as an alternative to hospital emergency departments for persons with OUD and any co-occurring SUD/MH conditions or persons that have experienced an opioid overdose. 9.Support the work of Emergency Medical Systems, including peer support specialists, to connect individuals to treatment or other appropriate services following an opioid overdose or other opioid-related adverse event. 10.Provide funding for peer support specialists or recovery coaches in emergency departments, detox facilities, recovery centers, recovery housing, or similar settings; offer services, supports, or connections to care to persons with OUD and any co-occurring SUD/MH conditions or to persons who have experienced an opioid overdose. 11.Expand warm hand-off services to transition to recovery services. 12.Create or support school-based contacts that parents can engage with to seek immediate treatment services for their child; and support prevention, intervention, treatment, and recovery programs focused on young people. 13.Develop and support best practices on addressing OUD in the workplace. Page 167 DISTRIBUTORS’ 9.18.21 EXHIBIT UPDATES E-8 14.Support assistance programs for health care providers with OUD. 15.Engage non-profits and the faith community as a system to support outreach for treatment. 16.Support centralized call centers that provide information and connections to appropriate services and supports for persons with OUD and any co-occurring SUD/MH conditions. D.ADDRESS THE NEEDS OF CRIMINAL JUSTICE-INVOLVED PERSONS Address the needs of persons with OUD and any co-occurring SUD/MH conditions who are involved in, are at risk of becoming involved in, or are transitioning out of the criminal justice system through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that: 1.Support pre-arrest or pre-arraignment diversion and deflection strategies for persons with OUD and any co-occurring SUD/MH conditions, including established strategies such as: 1.Self-referral strategies such as the Angel Programs or the Police Assisted Addiction Recovery Initiative (“PAARI”); 2.Active outreach strategies such as the Drug Abuse Response Team (“DART”) model; 3.“Naloxone Plus” strategies, which work to ensure that individuals who have received naloxone to reverse the effects of an overdose are then linked to treatment programs or other appropriate services; 4.Officer prevention strategies, such as the Law Enforcement Assisted Diversion (“LEAD”) model; 5.Officer intervention strategies such as the Leon County, Florida Adult Civil Citation Network or the Chicago Westside Narcotics Diversion to Treatment Initiative; or 6.Co-responder and/or alternative responder models to address OUD-related 911 calls with greater SUD expertise. 2.Support pre-trial services that connect individuals with OUD and any co- occurring SUD/MH conditions to evidence-informed treatment, including MAT, and related services. 3.Support treatment and recovery courts that provide evidence-based options for persons with OUD and any co-occurring SUD/MH conditions. Page 168 DISTRIBUTORS’ 9.18.21 EXHIBIT UPDATES E-9 4.Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co- occurring SUD/MH conditions who are incarcerated in jail or prison. 5.Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co- occurring SUD/MH conditions who are leaving jail or prison or have recently left jail or prison, are on probation or parole, are under community corrections supervision, or are in re-entry programs or facilities. 6.Support critical time interventions (“CTI”), particularly for individuals living with dual-diagnosis OUD/serious mental illness, and services for individuals who face immediate risks and service needs and risks upon release from correctional settings. 7.Provide training on best practices for addressing the needs of criminal justice- involved persons with OUD and any co-occurring SUD/MH conditions to law enforcement, correctional, or judicial personnel or to providers of treatment, recovery, harm reduction, case management, or other services offered in connection with any of the strategies described in this section. E.ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND THEIR FAMILIES, INCLUDING BABIES WITH NEONATAL ABSTINENCE SYNDROME Address the needs of pregnant or parenting women with OUD and any co-occurring SUD/MH conditions, and the needs of their families, including babies with neonatal abstinence syndrome (“NAS”), through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that: 1.Support evidence-based or evidence-informed treatment, including MAT, recovery services and supports, and prevention services for pregnant women—or women who could become pregnant—who have OUD and any co-occurring SUD/MH conditions, and other measures to educate and provide support to families affected by Neonatal Abstinence Syndrome. 2.Expand comprehensive evidence-based treatment and recovery services, including MAT, for uninsured women with OUD and any co-occurring SUD/MH conditions for up to 12 months postpartum. 3.Provide training for obstetricians or other healthcare personnel who work with pregnant women and their families regarding treatment of OUD and any co- occurring SUD/MH conditions. 4.Expand comprehensive evidence-based treatment and recovery support for NAS babies; expand services for better continuum of care with infant-need dyad; and expand long-term treatment and services for medical monitoring of NAS babies and their families. Page 169 DISTRIBUTORS’ 9.18.21 EXHIBIT UPDATES E-10 5.Provide training to health care providers who work with pregnant or parenting women on best practices for compliance with federal requirements that children born with NAS get referred to appropriate services and receive a plan of safe care. 6.Provide child and family supports for parenting women with OUD and any co- occurring SUD/MH conditions. 7.Provide enhanced family support and child care services for parents with OUD and any co-occurring SUD/MH conditions. 8.Provide enhanced support for children and family members suffering trauma as a result of addiction in the family; and offer trauma-informed behavioral health treatment for adverse childhood events. 9.Offer home-based wrap-around services to persons with OUD and any co- occurring SUD/MH conditions, including, but not limited to, parent skills training. 10.Provide support for Children’s Services—Fund additional positions and services, including supportive housing and other residential services, relating to children being removed from the home and/or placed in foster care due to custodial opioid use. PART TWO: PREVENTION F.PREVENT OVER-PRESCRIBING AND ENSURE APPROPRIATE PRESCRIBING AND DISPENSING OF OPIOIDS Support efforts to prevent over-prescribing and ensure appropriate prescribing and dispensing of opioids through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1.Funding medical provider education and outreach regarding best prescribing practices for opioids consistent with the Guidelines for Prescribing Opioids for Chronic Pain from the U.S. Centers for Disease Control and Prevention, including providers at hospitals (academic detailing). 2.Training for health care providers regarding safe and responsible opioid prescribing, dosing, and tapering patients off opioids. 3.Continuing Medical Education (CME) on appropriate prescribing of opioids. 4.Providing Support for non-opioid pain treatment alternatives, including training providers to offer or refer to multi-modal, evidence-informed treatment of pain. 5.Supporting enhancements or improvements to Prescription Drug Monitoring Programs (“PDMPs”), including, but not limited to, improvements that: Page 170 DISTRIBUTORS’ 9.18.21 EXHIBIT UPDATES E-11 1.Increase the number of prescribers using PDMPs; 2.Improve point-of-care decision-making by increasing the quantity, quality, or format of data available to prescribers using PDMPs, by improving the interface that prescribers use to access PDMP data, or both; or 3.Enable states to use PDMP data in support of surveillance or intervention strategies, including MAT referrals and follow-up for individuals identified within PDMP data as likely to experience OUD in a manner that complies with all relevant privacy and security laws and rules. 6.Ensuring PDMPs incorporate available overdose/naloxone deployment data, including the United States Department of Transportation’s Emergency Medical Technician overdose database in a manner that complies with all relevant privacy and security laws and rules. 7.Increasing electronic prescribing to prevent diversion or forgery. 8.Educating dispensers on appropriate opioid dispensing. G.PREVENT MISUSE OF OPIOIDS Support efforts to discourage or prevent misuse of opioids through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1.Funding media campaigns to prevent opioid misuse. 2.Corrective advertising or affirmative public education campaigns based on evidence. 3.Public education relating to drug disposal. 4.Drug take-back disposal or destruction programs. 5.Funding community anti-drug coalitions that engage in drug prevention efforts. 6.Supporting community coalitions in implementing evidence-informed prevention, such as reduced social access and physical access, stigma reduction—including staffing, educational campaigns, support for people in treatment or recovery, or training of coalitions in evidence-informed implementation, including the Strategic Prevention Framework developed by the U.S. Substance Abuse and Mental Health Services Administration (“SAMHSA”). 7.Engaging non-profits and faith-based communities as systems to support prevention. Page 171 DISTRIBUTORS’ 9.18.21 EXHIBIT UPDATES E-12 8.Funding evidence-based prevention programs in schools or evidence-informed school and community education programs and campaigns for students, families, school employees, school athletic programs, parent-teacher and student associations, and others. 9.School-based or youth-focused programs or strategies that have demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids. 10.Create or support community-based education or intervention services for families, youth, and adolescents at risk for OUD and any co-occurring SUD/MH conditions. 11.Support evidence-informed programs or curricula to address mental health needs of young people who may be at risk of misusing opioids or other drugs, including emotional modulation and resilience skills. 12.Support greater access to mental health services and supports for young people, including services and supports provided by school nurses, behavioral health workers or other school staff, to address mental health needs in young people that (when not properly addressed) increase the risk of opioid or another drug misuse. H.PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION) Support efforts to prevent or reduce overdose deaths or other opioid-related harms through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1.Increased availability and distribution of naloxone and other drugs that treat overdoses for first responders, overdose patients, individuals with OUD and their friends and family members, schools, community navigators and outreach workers, persons being released from jail or prison, or other members of the general public. 2.Public health entities providing free naloxone to anyone in the community. 3.Training and education regarding naloxone and other drugs that treat overdoses for first responders, overdose patients, patients taking opioids, families, schools, community support groups, and other members of the general public. 4.Enabling school nurses and other school staff to respond to opioid overdoses, and provide them with naloxone, training, and support. 5.Expanding, improving, or developing data tracking software and applications for overdoses/naloxone revivals. 6.Public education relating to emergency responses to overdoses. Page 172 DISTRIBUTORS’ 9.18.21 EXHIBIT UPDATES E-13 7.Public education relating to immunity and Good Samaritan laws. 8.Educating first responders regarding the existence and operation of immunity and Good Samaritan laws. 9.Syringe service programs and other evidence-informed programs to reduce harms associated with intravenous drug use, including supplies, staffing, space, peer support services, referrals to treatment, fentanyl checking, connections to care, and the full range of harm reduction and treatment services provided by these programs. 10.Expanding access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use. 11.Supporting mobile units that offer or provide referrals to harm reduction services, treatment, recovery supports, health care, or other appropriate services to persons that use opioids or persons with OUD and any co-occurring SUD/MH conditions. 12.Providing training in harm reduction strategies to health care providers, students, peer recovery coaches, recovery outreach specialists, or other professionals that provide care to persons who use opioids or persons with OUD and any co- occurring SUD/MH conditions. 13.Supporting screening for fentanyl in routine clinical toxicology testing. PART THREE: OTHER STRATEGIES I.FIRST RESPONDERS In addition to items in section C, D and H relating to first responders, support the following: 1.Education of law enforcement or other first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs. 2.Provision of wellness and support services for first responders and others who experience secondary trauma associated with opioid-related emergency events. J.LEADERSHIP, PLANNING AND COORDINATION Support efforts to provide leadership, planning, coordination, facilitations, training and technical assistance to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following: 1.Statewide, regional, local or community regional planning to identify root causes of addiction and overdose, goals for reducing harms related to the opioid epidemic, and areas and populations with the greatest needs for treatment Page 173 DISTRIBUTORS’ 9.18.21 EXHIBIT UPDATES E-14 intervention services, and to support training and technical assistance and other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 2.A dashboard to (a) share reports, recommendations, or plans to spend opioid settlement funds; (b) to show how opioid settlement funds have been spent; (c) to report program or strategy outcomes; or (d) to track, share or visualize key opioid- or health-related indicators and supports as identified through collaborative statewide, regional, local or community processes. 3.Invest in infrastructure or staffing at government or not-for-profit agencies to support collaborative, cross-system coordination with the purpose of preventing overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any co-occurring SUD/MH conditions, supporting them in treatment or recovery, connecting them to care, or implementing other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 4.Provide resources to staff government oversight and management of opioid abatement programs. K.TRAINING In addition to the training referred to throughout this document, support training to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, those that: 1.Provide funding for staff training or networking programs and services to improve the capability of government, community, and not-for-profit entities to abate the opioid crisis. 2.Support infrastructure and staffing for collaborative cross-system coordination to prevent opioid misuse, prevent overdoses, and treat those with OUD and any co- occurring SUD/MH conditions, or implement other strategies to abate the opioid epidemic described in this opioid abatement strategy list (e.g., health care, primary care, pharmacies, PDMPs, etc.). L.RESEARCH Support opioid abatement research that may include, but is not limited to, the following: 1.Monitoring, surveillance, data collection and evaluation of programs and strategies described in this opioid abatement strategy list. 2.Research non-opioid treatment of chronic pain. 3.Research on improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders. Page 174 DISTRIBUTORS’ 9.18.21 EXHIBIT UPDATES E-15 4.Research on novel harm reduction and prevention efforts such as the provision of fentanyl test strips. 5.Research on innovative supply-side enforcement efforts such as improved detection of mail-based delivery of synthetic opioids. 6.Expanded research on swift/certain/fair models to reduce and deter opioid misuse within criminal justice populations that build upon promising approaches used to address other substances (e.g., Hawaii HOPE and Dakota 24/7). 7.Epidemiological surveillance of OUD-related behaviors in critical populations, including individuals entering the criminal justice system, including, but not limited to approaches modeled on the Arrestee Drug Abuse Monitoring (“ADAM”) system. 8.Qualitative and quantitative research regarding public health risks and harm reduction opportunities within illicit drug markets, including surveys of market participants who sell or distribute illicit opioids. 9.Geospatial analysis of access barriers to MAT and their association with treatment engagement and treatment outcomes. Page 175 DATE:December 15, 2021 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Elisa Cox, Deputy City Manager Fabian Villenas, Principal Management Analyst SUBJECT:Consideration to Re-appoint William Wittkopf, Public Works Services Director, as representative of the City of Rancho Cucamonga on the West Valley Mosquito and Vector Control (WVMVC) District Board of Trustees. (CITY) RECOMMENDATION: Staff recommends that the City Council reappoint William Wittkopf, Public Works Services Director, as the City of Rancho Cucamonga’s representative on the West Valley Mosquito and Vector Control (WVMVC) Board of Trustees for a four-year term through January 2026. BACKGROUND: The West Valley Mosquito and Vector Control District (WVMVCD) was established in 1983 to control mosquitos and other vector populations and protect public health from associated illnesses such as the West Nile Virus. Governed by a Board of Trustees with representatives from each community and an at-large County representative, the District serves the communities of Chino, Chino Hills, Ontario, Montclair, and Rancho Cucamonga. ANALYSIS: Public Works Services Director William Wittkopf currently represents the City of Rancho Cucamonga on the WVMVCD Board of Trustees (Board) for a term through January 2022. The Council initially appointed Mr. Wittkopf in December 2011; this appointment allows for closer collaboration between the Public Works Services Department and the District’s active programs in preventing the spread of the West Nile Virus. The Public Works Services Department is most familiar with the work and activities the District is involved in and is best positioned to coordinate vector control efforts. The Public Works Services Department is typically the first agency residents contact to report mosquitoes, bees, dead birds, and other vermin issues. For these reasons, William Wittkopf, Public Services Director, is recommended to be appointed as the City’s representative to the WVMVCD Board of Trustees for a four-year term. FISCAL IMPACT: None. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item addresses the City Councils Core Values of “promoting and enhancing a safe and healthy community for all.” ATTACHMENTS: None. Page 176 DATE:December 15, 2021 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Matt Burris, Deputy City Manager Flavio Nunez, Management Analyst II SUBJECT:Consideration to Approve the Housing Successor Fiscal Year 2020/2021 Annual Report. (HOUSING SUCCESSOR AGENCY) RECOMMENDATION: Staff recommends that the Housing Successor Agency approve the Annual Report for Fiscal Year 2020/2021, authorize staff to make administrative changes to the Annual Report upon completion of the CAFR, and authorize the City Manager or their designee to submit the Annual Report to the appropriate State agencies. BACKGROUND: After February 1, 2012 all assets, properties and contracts of the former Rancho Cucamonga Redevelopment Agency (former Agency) were transferred, by operation of law, to the Successor Agency to the Rancho Cucamonga Redevelopment Agency (Successor Agency). Pursuant to the Dissolution Law, the City Council elected to retain the housing assets and affordable housing functions upon dissolution and selected the Housing Successor Agency to former Rancho Cucamonga Redevelopment Agency to assume all housing assets and functions. On October 13, 2013, the Governor signed into law Senate Bill 341 (SB341), which amends provisions of the Dissolution Law, in particular relating to housing successors. SB341 amended the former housing annual report requirement due to both the State Controller and the Department of Housing and Community Development while Redevelopment Agencies were active and established affordable housing requirements to be performed by housing successors effective January 1, 2014. As of dissolution, housing successors now maintain and deposit funds into a Low-and-Moderate Income Housing Asset Fund (LMIHAF), subject to the requirements of the Dissolution Law, as amended by SB 341. Under SB 341, housing successors have an annual auditing and reporting obligation to be completed every fiscal year starting with FY 2013-2014. ANALYSIS: Pursuant to SB 341 a Housing Successor Agency is required to file an Annual Report of its activities within six months of the Agency’s fiscal year end. This report is required to contain the following information: 1. The amount deposited to the Low Moderate Income Housing Asset Fund (LMIHAF), distinguishing and amounts deposited for items listed on the ROPS. Page 177 Page 2 1 0 7 0 2. A statement of the balance in the LMIHAF as the close of the fiscal year, distinguishing any amounts held for items listed on the ROPS. 3. A description of expenditures from the LMIHAF by category, including, but not limited to expenditures for (a) monitoring and preserving the long-term affordability of units subject to affordability restrictions or covenants and administrative expenses; (b) homeless prevention and rapid re-housing services; and (c) development of affordable housing. 4. The statutory value of real property owned by the housing successor, the value of loans and grants receivable, and the sum of these two amounts. 5. A description of any transfers of LMIHAF funds made to another housing successor in the previous fiscal year. 6. A description of any project for which the Housing Successor receives or holds property tax revenue pursuant to the ROPS and the status of that project. 7. For interests in real property acquired by the former agency prior to February 1, 2012, a status update on compliance with Section 33334.16. For interest in real property acquired by the Housing Successor on or after February 1, 2012, a status update on the project. 8. A description of any outstanding obligation pursuant to Section 33413 that remained to transfer to the Housing Successor on February 1, 2012, the Housing Successor’s plans to meet unmet obligations. 9. Housing Successor mush determine the % of housing for seniors and person of all ages within the previous 10-years. Senior housing units may not exceed 50% of the total units restricted. 10. The amount of excess surplus, the amount of time the Housing Successor has had excess surplus, and the Housing Successor’s plan for eliminating the excess surplus. The Annual Report for Fiscal Year 2020/2021 is being transmitted to the Housing Successor Agency in accordance with the applicable legislation and contains all the required information as outlined above. Following the approval by the Housing Successor, the report will be sent to the appropriate State agencies for review. FISCAL IMPACT: There is no fiscal impact to the City’s General Fund associated with the submission of the Annual Report to Housing Successor Agency. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item summarizes portions of the Council’s vision and core values by providing a sustainable City and promoting a safe and healthy community for all. ATTACHMENTS: Attachment 1 – 2020/2021 Housing Successor Agency Annual Report Page 178 FISCAL YEAR 2020/2021 HOUSING SUCCESSOR AGENCY ANNUAL REPORT Day Creek Villas Senior Affordable Housing – Rancho Cucamonga Page 179 HOUSING SUCCESSOR ANNUAL REPORT – 2020/2021 1 | P a g e 1.) The amount deposited to the LMIHAF, distinguishing any amounts deposited for items listed on the ROPS. There was a total of $108,533 deposited into the LMIHAF during Fiscal Year 2020/2021. The deposits primarily consisted value transferred of land and residual receipts associated with the payments on loans related to the development of low and moderate income multi-family housing financed by the former Redevelopment Agency, as well as loan payoffs of first-time homebuyer loans, and loan payoff of equity distributions. 2.) A statement of the balance in the LMIHAF as the close of the fiscal year, distinguishing any amounts held for items listed on the ROPS. As of the close of Fiscal Year 2020/2021 the LMIHAF ended with a balance of $1,169,347.00. 3.) A description of expenditures from the LMIHAF by category, including, but not limited to, expenditures for (a) monitoring and preserving the long-term affordability of units subject to affordability restrictions or covenants and administrative expenses; (b) homeless prevention and rapid re-housing services; and (c) development of affordable housing. ACTIVITY EXPENDITURE Administrative Costs $250,000.00 Homeless Prevention $40,500.00 Affordable Housing Development $13,400,00.00 4.) The statutory value of real property owned by the Housing Successor, the value of loans and grants receivable, and the sum of these two amounts. LOAN NAME/DESCRIPTION/PROPERTY ENDING BALANCE FAIR VALUE OF LAND SECURED BY LOAN NHDC (San Sevaine Villas)$ 44,374,111.70 N/A Woodhaven Manor $ 12,333,007.84 N/A Villa Pacifica $ 229,880.74 N/A LINC-Pepperwood $ 27,012,364.12 N/A Page 180 HOUSING SUCCESSOR ANNUAL REPORT – 2020/2021 2 | P a g e Rancho Verde Village East $ 7,561,322.09 N/A Heritage Pointe $ 2,510,624.03 N/A Olen Jones $ 4,476,760.64 N/A Villa Del Norte $ 10,333,182.49 N/A Villaggio on Route 66 $ 31,884,564.50 N/A First-Time Homebuyer Program $ 3,226,808.00 N/A Villa Pacifica II $9,051,318.85 N/A Day Creek Villas $9,035,096.78 N/A Total $ 162,029,041.78 5.) A description of any transfers of LMIHAF funds made to another Housing Successor in the previous fiscal year. There have been no transfers of LMIHAF funds to any other Housing Successor in the previous fiscal year. 6.) A description of any project for which the housing successor receives or holds property tax revenue pursuant to the ROPS and the status of that project. There are no projects which the Housing Successor receives or holds property tax revenue pursuant to the ROPS. 7.) For interests in real property acquired by the former agency prior to February 1, 2012, a status update on compliance with Section 33334.16. For interest in real property acquired by the Housing Successor on or after February 1, 2012, a status update on the project. In July 2014 the Housing Successor Agency acquired a 2.5-acre property for the purpose of constructing a 60-unit senior affordable rental housing complex. The project affordability agreement provides for 59 of the 60 1-and 2-bedroom units to be restricted to income eligible seniors. Construction of the project has been completed and a grand opening was held in May 2018. Page 181 HOUSING SUCCESSOR ANNUAL REPORT – 2020/2021 3 | P a g e Additionally, in 2019 the Agency acquired a 4.01-acre property for the construction of a 140-unit senior affordable rental housing complex. As of the date of this report the project was completed in October of 2020. The project offers 1-and 2-bedroom units to qualified seniors. 8.) A description of any outstanding obligation pursuant to Section 33413 that remained to transfer to the housing successor on February 1, 2012, the Housing Successor’s progress in meeting these obligations, and the Housing Successor’s plans to meet unmet obligations. There is no outstanding obligation that had been transferred to the Housing Successor Agency on February 1, 2012. 9.)Housing Successor must determine the % of housing for seniors and persons of all ages within the previous 10-years. Senior housing units may not exceed 50% of the total units restricted. Housing Projects Completed Within the Last 10-years (2009-2019) PROJECT TYPE # OF UNITS Pepperwood Family 228 Villaggio on Rt. 66 Family 131 Villa Pacifica II Senior 60 Day Creek Villas Senior 139 Total 558 Page 182 HOUSING SUCCESSOR ANNUAL REPORT – 2020/2021 4 | P a g e Previous Affordable Housing Accomplishments Prior to 2009 PROJECT TYPE # OF UNITS Las Casitas Family 14 Rancho Verde Family 104 Rancho Verde East Family 40 Monterey Village Family 110 San Sevaine Villas Family 225 Sycamore Springs Family 96 Sunset Heights Family 116 Villa Pacifica Senior 158 Heritage Pointe Senior 48 Olen Jones Senior 96 Total 1,007 10.) The amount of excess surplus, the amount of time the Housing Successor has had excess surplus, and the Housing Successor’s plan for eliminating the excess surplus. The Housing Successor has ended this reporting Fiscal Year with no excess surplus. Page 183 HOUSING SUCCESSOR ANNUAL REPORT – 2020/2021 5 | P a g e COMPUTATION OF LOW- AND MODERATE-INCOME HOUSING FUND EXCESS/SURPLUS Page 184 1 1 0 5 7 DATE: December 15, 2021 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY:Matt R. Burris, AICP Deputy City Manager Jennifer Nakamura, Management Analyst II David F. Eoff, IV, Senior Planner SUBJECT:Consideration of Resolutions to Certify the Environmental Impact Report (SCH 2021050261) and Adopt the PlanRC General Plan Update, 2021- 2029 Housing Element, and Climate Action Plan. (RESOLUTION NOS. 2021-132 AND 2021-133) (CITY) RECOMMENDATION: Staff recommends that the City Council adopt resolutions to: 1. Certify the Environmental Impact Report for the General Plan Update and Climate Action Plan 2. Adopt the General Plan Update, 2021-2029 Housing Element, and Climate Action Plan BACKGROUND: A general plan is a city’s blueprint, or constitution, for future development. It documents the city’s long-range vision and established goals, objectives and actions to guide the community through the next 10 to 20 years of change. A city must update its General Plan periodically to keep up with changing needs and conditions of the city and region. The General Plan also should be updated to reflect new local, state and national laws. Except for periodic development driven amendments, and the required update to the Housing Element in 2017, the Rancho Cucamonga General Plan is substantially similar to the document updated in 2010. While General Plans are required to be updated “periodically”, there is no specific timetable. Some cities update their General Plan every 5 or 10 years, others wait for 20 years or more. The Housing Element for Rancho Cucamonga is required by law to be updated and submitted to the State in early 2022. Housing law has been updated significantly in the last few years, and these laws are designed to increase housing production and streamline the development review process. The significant increase in housing allocation from the Regional Housing Needs Assessment (RHNA) requires mandatory changes to the land use and transportation elements of the General Plan to physically accommodate the additional housing units required. Our current circulation element is also not in compliance with Assembly Bill 1358, which was effective in 2011. AB 1358 requires that General Plan circulation elements plan for a balanced, multimodal transportation network that meets the needs of all users of the streets, roads, and highways for safe and convenient travel in a manner that is suitable to the rural, suburban, or urban context of the General Plan. Further, Senate Bill 1000 (Leyva, 2016) require cities that have disadvantaged communities to incorporate Page 185 2 1 0 5 7 and environmental justice policies into their General Plans, either as a separate element or by integrating related goals, policies and objectives throughout the other elements. Climate change and resiliency is also a high priority subject which must be addressed in General Plans. The current revision includes a Climate Action Plan to address new State and regional goals. While the current General Plan establishes the vision for Rancho Cucamonga as a healthy, innovative community with high quality development, urban centers and corridors, there have been significant changes in state law that require more closely integrated elements of the General Plan than what is currently included in the 2010 iteration. Therefore, in 2019, the City initiated this update to the General Plan to help keep up with these changes in state law, and to build on our success as a world class community to create a balanced, vibrant and innovative city. This comprehensive General Plan Update addresses issues and challenges facing the City, including diversifying employment opportunities, expanding housing and mobility choice and preserving the character, history, and quality of life that make Rancho Cucamonga a special place to live. This updated General Plan will advance the City’s vision for a sustainable, resilient, equitable and healthy community. In January of 2020, the City embarked on PlanRC, the City’s General Plan Update process. The following outlines the major phases and schedule of this multi-year process: 1. Winter - Spring 2020 – Existing Conditions: Reviewed existing policies and reports and identified issues and opportunities. 2. Spring-Summer 2020 – Listening and Visioning: Developed long term vision and guiding principles for the General Plan. 3. Fall 2020 – Plan Scenarios: Created and refined land use and transportation scenarios. 4. Winter-Spring 2021 – Policy and Plan Development: Developed policy solutions to address a range of topics covered in the General Plan. 5. Spring-Summer 2021 – Public Review of Draft General Plan: Engaged with the public while the Draft General Plan was available for public review and then revised prior to public hearings. 6. Fall 2021 – Public Review of Draft Environmental Impact Report: Public review and comment period on the draft environmental document and then revised prior to public hearings. 7. Fall 2021-Winter 2022 – Review and Adopt: Public and decision makers review and consider adoption of the updated General Plan. Page 186 3 1 0 5 7 Phases 1 through 6 are complete and the City is now in the final phase of the process to consider adoption of the updated General Plan. On November 10, 2021, the Planning Commission unanimously approved a resolution recommending the City Council adopt the General Plan and Climate Action Plan and certify the Environmental Impact Report. The information that follows provides a walk-through of the updated General Plan, Climate Action Plan, and Environmental Impact Report for the City Council’s review and adoption, as well as a summary of the engagement process, supporting studies and related implementing plans that are also part of the PlanRC process. COMMUNITY ENGAGEMENT: PlanRC is a community-based process; the City has been conducting a robust engagement effort with the public since January 2020. Community input was solicited and reflected throughout each phase of the planning process. PlanRC involved longtime residents, new residents, seniors, youth, clubs, organizations, business owners, and many more. As a city with a rich mix of ethnicities, cultures and identities, the engagement for PlanRC worked to provide consistent equitable and inclusive community engagement practices throughout the process. Although in-person outreach was limited due to COVID-19 constraints, the community adapted and found meaningful ways to get involved in PlanRC through digital engagement platforms. During and after engagement events, the community had an opportunity to share their thoughts and engage in live polling to provide additional feedback. Efforts prioritized determining values and ideas for the future of the city and there have been many opportunities for participants to express their visions, collaborate with neighbors, and explore possible innovations in housing, transportation, recreation, and economic development throughout each planning phase. To date, PlanRC has received input from over 2,300 community members through online surveys and virtual meetings and generated over 1.1 million digital impressions through various social media platforms. Community Engagement Statistics Page 187 4 1 0 5 7 Some of the highlights of the PlanRC community engagement effort are described below: Two online surveys were initiated to guide engagement activities and future outreach. Conducted during the Listening & Visioning phase, the surveys asked community members about the vision and priorities for Rancho Cucamonga and garnered more than 800 responses. An online mapping tool was shared as part of the Character & Place online workshop, which allowed community members to drop pins on a virtual map in areas where they would like to see certain amenities and activity centers. Participants could further expand on their ideas through a comment system and by providing photos of what they envisioned. Two internet-based “Forum on Our Future” events were held during the Listening & Visioning phase. These interactive small group sessions built on results from the initial online visioning survey and engaged community members in informal dialogue on specific topics such as housing, resiliency, trails and mobility, equity and more. An informative “dollars and sense” webinar was provided as part of the “Forum on Our Future” week to provide more in-depth information about economic development and how it relates to the future of the built environment. The PlanRC Virtual Workshop, a robust and visually engaging online event focused on Character and Place. The workshop engaged community members in exploring visual images and ideas of what the City could be in the future. During the week-long online event, participants were able to drop in and view and rate character images for different community planning areas in the City – collections of photos represented different housing, activity centers, mobility options, business and job districts, and more. Nine virtual community discussions and an online survey to explore long term land use ideas by presenting three land use and transportation options designed to create a framework for discussion about how and where Rancho Cucamonga plans for change and growth over the next 20 years. This engagement event was called, “Community Discussions: Considering our Options”. The PlanRC General Plan Video Series provided explanations of the General Plan update process, State requirements and existing conditions. Topics included housing, resiliency, community mobility, community health and equity, land use and community design. In addition, an informative video on the environmental review process was released with the Draft Environmental Impact Report to educate the community about the purpose and content of the document and explain how to provide comments during the 45-day public review period. A series of online surveys were developed to obtain public feedback on the Draft General Plan document - with particular emphasis on the goals and policies. The draft document is large, so to avoid overwhelming the community, the survey was distributed in three parts to make it easier to respond: Survey #1: Land Use, Focus Areas, and Mobility; Survey #2: Housing, Open Space and Public Facilities; and Survey #3: Resource Conservation, Safety and Noise. Members of the PlanRC Team hosted three virtual webinars to orient and walk interested community members through the Draft General Plan document and answer questions. These presentations were also posted to the website. In addition, eight informal Zoom discussion sessions, including Spanish only, were offered throughout the review period to entertain specific questions and comments and to further help facilitate understanding of the General Plan Update. Finally, staff also participated in eight online meetings with existing groups, to share the document, including Healthy RC Steering Committee, Healthy RC Community Champions, Healthy RC Youth Leaders, Inclusionary Housing Committee, Chamber of Commerce, and National CORE. Throughout the public review period, staff also documented and responded to numerous email and Page 188 5 1 0 5 7 phone comments, questions, and suggestions regarding the Draft General Plan document. As Covid restrictions loosened and with the availability of vaccines, staff hosted some in-person pop-up events to increase awareness around the draft General Plan Update and receive additional comments. Nine pop-up / tabletop events were held at locations including the Archibald and Biane libraries, Haven City Market, Los Amigos Park, Day Creek Villas, Central Park and the 4th of July Celebration at the Epicenter. Initial Engagement, Visioning and Forum on Our Future Early in the process, initial communication was focused on the purpose of a General Plan, why there is a need to update the General Plan and encouraging public participation in this multi-year process. Once the purpose was established, the City returned to the community for feedback. The online surveys and multi- day virtual Forum on Our Future events were critical engagements that not only identified issues and opportunities, but also helped establish a vision and set of core community values – Health, Equity and Stewardship – which led the way in shaping the General Plan. The results of the surveys and virtual events, along with the established core community values, were presented to the Planning Commission and City Council in August 2020. Character and Place Virtual Workshop This led PlanRC to the next stage of engagement with a 10-day virtual workshop in September 2020 focused on character and place. This workshop garnered 4,194 views, 829 participants, 42,965 responses, and 714 total comments. The intent of this workshop was to translate some the emerging themes that were observed from the forums and other engagement into a visual preference survey. This allowed participants to rate different images based on how they felt those images represented the community, and in which neighborhood or part of town they should be located. While each area had distinct preferences for the types of residential, commercial, and recreational developments participants wanted to see, there were notable commonalities between all planning areas, which led to the development of three potential future land use scenarios. Land Use Scenarios Workshops In November 2020, Staff continued the discussion with the community by presenting three land use and transportation options in meetings that were held over the span of a week. This engagement event was called, “Community Discussions: Considering our Options”. Nine virtual community discussions and an online survey were hosted to explore long term land use ideas. Six sessions were promoted with the general public, one of which was specifically held for teens and youth, and another of which was specifically held for Spanish speakers. Three additional focused meetings were also held with the Healthy RC Steering Committee, NAIOP (Commercial Real Estate Development Association), and the Chamber of Commerce. Nearly 170 people engaged in the online and virtual conversations. The purpose of this effort was to define future land use and transportation scenarios to create a framework for discussion about how and where Rancho Cucamonga plans for change and growth over the next 20 years. The future scenarios presented to the community were intended to spur dialog about how much reinvestment the City should plan for; where growth and change should be located; how to meet the needs of future generations; how to satisfy various State mandates, and what factors are most important to the community when considering how the city should evolve. Preferred Scenario As a result of community input on the future land use scenarios, the City developed a preferred scenario for the General Plan update. The preferred scenario best balances the input received on the three land use scenarios by: 1) increasing goods, services, and amenities in all neighborhoods; 2) focusing investment along key corridors; and 3) focusing investment at key nodes or centers in the city. It represents a policy level approach for how and where we target investment and growth for future generations, and effectively meet many State laws and regulations. Page 189 6 1 0 5 7 Preferred Scenario Planning Commission Workshop On December 21, 2020, information on the three potential future land use scenarios and how the three scenarios developed into a preferred scenario was presented to the Planning Commission at a Special Meeting. Overall, the preferred scenario was well received by the Planning Commission. There was a strong appreciation for the outreach efforts with the community and how the result of the preferred scenario plan represented the input and feedback from the community. Additionally, the Commission acknowledged that the plan represented the overarching theme of the General Plan and put the city’s best foot forward to thrive by providing more jobs, more vibrancy, and a good balance of future opportunities while protecting the characteristics that are cherished by the community. City Council Workshop On January 6, 2021, the preferred scenario was presented to the City Council. To further advance the preferred scenario and build on the themes expressed by the community, the PlanRC Team developed the Recommended Land Use and Community Design Strategy, which conveyed the locations of concentrations of community activity centers and a framework for multi-modal access to those centers, which became the vision diagram for the General Plan. This strategy diagram was well received by the City Council, and they provided the direction to continue development of a detailed land use plan and the Draft General Plan that implements this strategy. This strategy, or vision diagram, served as the foundation for the Land Plan and policies for physical improvements in the rest of the Draft General Plan. Page 190 7 1 0 5 7 Vision Diagram Public Review Draft General Plan The PlanRC process helped form the content of the Draft General Plan, which was presented to the Planning Commission in a study session May 12, 2021. The importance of community, understanding of areas where improvement is needed, and validation of the City’s commitment to lead the region all stem from this foundational process. After the Draft General Plan was presented to the Planning Commission and made available for public review and input in May 2021, there continued to be active community engagement during this public review period, with virtual public meetings, focused meetings with various stakeholder groups, and, socially distanced in-person pop-events around the community. Input from the community specifically on the Draft General Plan during the public review period is summarized below: General support for the plan Excitement about the future Questions about a handful of individual properties Housing affordability is important to many people Widespread agreement on the community values of health, equity, and stewardship Page 191 8 1 0 5 7 Appreciation for thoughtful development – create spaces where people want to be Changes that were made to the Draft General Plan in response to the community input received during this period were: Clarifying language for improved comprehension and implementation Changing the land use map to match recently approved projects Incorporating updated data when available Correcting any text errors or related edits Adding details to help put the plan into action. Planning Commission Hearing On November 10, 2021, the Planning Commission unanimously approved Resolution #21-71 (Attachment 1) recommending the City Council adopt the General Plan and Climate Action Plan and certify the Environmental Impact Report. Two members of the public provided comments during public hearing. Their comments included: Concerns that the public engagement process occurred virtually during the pandemic Question about the equestrian overlay Question about engagement with the City’s Sports Advisory Committee Identification of an inconsistency in the Suburban Neighborhood-Moderate designation regarding allowable commercial uses and associated floor area ratio (FAR). An overview of Planning Commission and public comments as well as staff responses are included in the Planning Commission Meeting Minutes (Attachment 2). These concerns and questions were addressed by staff during the public hearing; revisions were made to the General Plan where applicable. In addition to revisions made in response to public comments received during the hearing, additional revisions were made that were presented to the Planning Commission for consideration. These revisions are documented in Attachment 3. UPDATED GENERAL PLAN: Since its beginning, Rancho Cucamonga has been committed to creating a world-class community. With each decade and each generation, our idea of what makes a world-class community has evolved, but it remains grounded in the concepts of excellence, opportunity, and high quality of life. The vision for this General Plan embodies these concepts in a single sentence: Build on our success as a world-class community to create a balanced, vibrant, and innovative city, rich in opportunity for all to thrive. Accordingly, this General Plan lays out a series of strategies to chart a path towards building a 21st century world-class community. The intent is to create a city with a wide variety of housing, recreation, entertainment, and employment opportunities that are well connected and accessible to everyone. Through the implementation of this General Plan, the city will develop in an even more welcoming and accessible manner for both its residents and its visitors. This plan reflects the shared values and common goals of a city abundant in opportunity for all; a city that has a history of deep appreciation for the differences that enrich daily life in Rancho Cucamonga. General Plan Organization The Draft General Plan is organized as four volumes that are divided into topical chapters. The content of the chapters contained in Volume 2, Built Environment, and Volume 3, Environmental Performance, corresponds to the state requirements for the contents of a general plan. It’s not uncommon to see some overlap between the subject areas and the state requirements, however, State law allows the City to organize the topics in any fashion that meets the needs of the City. The following is an outline of the General Plan document. Page 192 9 1 0 5 7 Each of the chapters begins with a brief overview of the contents followed by a summary of the State requirements. The legal requirements of a general plan are quite lengthy and change regularly and therefore are not included in the General Plan. General plan law can be found on the California Office of Planning and Research website (https://opr.ca.gov/planning/general-plan/guidelines.html). One key component found throughout the entire General Plan document is The Heart of the Matter section. The Heart of the Matter explains how the topic in each chapter affects people, raises equity issues the City aims to address and suggests methods to achieve such resolution. Since the General Plan places an emphasis on people, this text has distinctive formatting so that it can be easily identified in each chapter. The human focus of The Heart of the Matter helps set the foundation for the subsequent discussion leading to the Goals and Policies. Following The Heart of the Matter discussion are individual topical areas that are important to the chapter, and to the setting of Goals and Policies. Each chapter concludes with goals and policies that direct action by the City to implement the vision and follow the core values of the City. Goals are broad in both purpose and aim but are designed to establish directions and outcomes. Often goals are aspirational and express the desired result within the planning horizon. Policies are specific position statements that support the achievement of goals and serve as guides to the City when reviewing development proposals and making other decisions. Policies seek to achieve the goals by mandating, encouraging, or permitting certain actions. A summary of the main ideas of each Volume and Chapter is described below. Volume 1 – Vision The first Volume of this General Plan proclaims the vision statement for the City and sets the core values as expressed by everyone who participated during the PlanRC outreach. The vision of building on the world-class community that is Rancho Cucamonga is supported by the core values of health, equity, and stewardship of its residents. This Volume explains these important concepts, sets the context for decision making, and above all sets the tone that this is a city designed, built, and governed for the people. There are big goals in this General Plan that intend to give more people better options for living, access, jobs, and recreation, in a world class city designed to help make these ideas real. These are described in more detail below. The chapters in this Volume also describe the physical and historical context of the City and administration of the General Plan. Core Values While people make up a city, it is only when people come together and become a community that cities achieve their full potential. It is no surprise then, that a good plan is based on the foundational values of a community and takes input from the wide diversity of people, businesses, community groups, and other organizations that make up the totality of the community. From the robust and authentic community engagement that was the cornerstone of the General Plan, the core values of health, stewardship, and equity encompass what the community, as a whole, finds most important and aspirational. These values are the pillars upon which the vision rests. Without applying these values to future investments, we will not be able Page 193 10 1 0 5 7 to achieve our vision for a world class community. Health. Health is the foundation of human existence and is more than just longevity. Good health and a good quality of life are the results of a combination of many factors beyond an individual's genetic history and behaviors. The places we live shape us in ways beyond our values and personal relationships. Community design, such as street layout and design or location of parks, inevitably determines our ability to access healthy food choices and health care, a variety of housing types and affordability, clean air and natural open spaces, and safe neighborhoods and walkable streets. A healthy lifestyle is not simply a matter of choice but is fundamentally a matter of access and opportunity. Research shows that chronic health conditions such as asthma, diabetes, and heart disease, are concentrated in the same neighborhoods as poverty, environmental hazards, unemployment, and lower educational attainment. Fostering a healthy community requires a comprehensive approach to creating healthy minds, bodies, and a clean, sustainable earth, which has been a long-held value of the City and the focus of Healthy RC’s mission since 2008. Although we cannot change our genes, we can certainly make strategic decisions about our communities through the General Plan that shape the places where we live, work, and play; provide a more equitable distribution of resources and services; and ultimately improve our chances for living long, healthy and fruitful lives. Health is a value that Rancho Cucamonga is built on, and as such, it is important that the General Plan purposefully include design elements that allow our community to experience optimal health. Equity. Equity is essential for creating and sustaining a world class community. Everyone should have a fair and just opportunity to thrive and experience a high quality of life. Whereas equality is giving everyone the exact same resources, equity involves the distribution and investment of resources based on the unique needs of each neighborhood. This includes equitable access to goods and services throughout the city, the ability to live in clean and safe neighborhoods, real opportunities for meaningful work and housing, and the opportunity to actively and meaningfully participate in the community. When we maintain equity as a core value, we recognize that everyone has different needs and abilities, and we should strive, through the General Plan and related decision-making processes, to create a city that meets the unique needs, abilities, and characteristics of all those within our community. Past development practices have unintentionally resulted in health and economic impacts that disproportionately affected groups of people living in specific areas, thus creating and continually affecting disadvantaged neighborhoods across the nation as well as Rancho Cucamonga. To resolve existing health and income disparity, some neighborhoods will need more investment in design, public improvements, and services. The intent of this General Plan is for the city to remain a great place to live, work, shop, learn, and play for all residents and households, and actively address the issues that disproportionately affect certain neighborhoods and areas of the city. Addressing inequity requires communication, understanding, and collaboration with those most affected. This means providing opportunity for meaningful neighborhood input, prioritizing public investment, and collaborating with the neighborhoods. Equity is at the heart of a world-class city, a core value of this community, and therefore addressed in intent and policies in every chapter of this General Plan. Stewardship. Stewardship is balancing the need to use limited resources today with the knowledge that more will be needed tomorrow. Being good stewards means taking on the responsibility of ensuring the well-being of the city by understanding the resources we have and allocating them in ways that consider the future. It means efficiently utilizing our finite, non-renewable natural and historic resources, and considering how all decisions we make impact the development or diminishment of these resources. Not only does stewardship involve the protection of historic and natural resources, but it also ensures the City is fiscally sustainable to provide the necessary services and infrastructure to weather the impact of both economic and climate change. A world class city is resilient and adaptable and maintains its significant history, culture, and values. As a world class city, Rancho Cucamonga must adapt effectively to shifting economic, social, and demographic trends, and resiliently rebound from environmental, economic, and public health shocks. Stewardship captures the essence of this responsibility and is a core value of this General Plan. Page 194 11 1 0 5 7 Big Ideas To successfully achieve the City’s Vision and uphold the core values identified by the community, the General Plan is designed around strengthening Rancho Cucamonga’s sense of identity and character by creating places where people want to be and improving their ability to move around. The overarching strategy is one of human-scaled design, with buildings and outdoor spaces oriented towards people connected by safe and comfortable streets, pathways, and trails that provide equitable access for all. Each chapter of the plan is rooted in the vision and core values, with an expectation that the future can be harnessed to improve on the past. The following big ideas, as presented in Chapter 1 of the updated General Plan, are considered critical to meeting the vision and core values for the community: Design for People First. Regardless of the type of place designed, the focus must be on people, and development should be human scale and inviting. The public realm of streets, paths, trails, open space, and buildings represent the city’s “rooms” and are the first impression of anyone visiting the city. These spaces should be a sense of pride for residents and be welcoming to everyone. To achieve this, buildings must be designed to be visually appealing, interesting, and at an appropriate scale that attracts activity, but is not overwhelming. Open spaces, plazas, and streets must be designed to be safe, convenient, and comfortable for users of all modes of transportation. All aspects of the public realm should have robust amenities. By designing for people first, Rancho Cucamonga will continue to thrive as a community with a high quality of life for residents, employees, and visitors. Provide Connectivity and Accessibility. Creating a community with equitable accessibility and connectivity between places is an overall priority for the City. People of all abilities and means need to be able to move about freely in their city and have choices for how they get around. To achieve this, physical improvements in the city must provide a range of travel options including new opportunities and improved networks for walking, bicycling, and transit, suited to all residents, employees and visitors. In addition to connecting streets, developing sidewalks, and building trails, there must also be connections between similar land uses and essential destinations. Neighborhoods should not be gated or separated from each other, and should be well connected to commercial centers, entertainment venues, and employment districts. Walkable communities and communities with varied transportation options are not only easier to get around, but they also foster a greater sense of community. Further, these type of communities provide the opportunity to incorporate more activity into everyday life, encourage fewer car trips, provide numerous public safety benefits, support the local business environment, and boost appeal to visitors by increasing accessibility. The outcomes of improved accessibility and connectivity increase the social, health, environmental and economic benefits to the community. Create Destinations. An overarching theme expressed by the community throughout the public engagement process was the desire for “More fun places to go, more things to do, and more ways to get there.” Residents and visitors want places to congregate, gather, and socialize in lively centers, shopping areas, and entertainment venues. The General Plan should evolve the relatively uniform suburban environments of the city’s arterial corridors, shopping centers, and business parks into a diverse range of distinctive places that is welcoming to all people. These places may include small centers near established neighborhoods, more vibrant and dense centers similar to a downtown scale near Cucamonga Station and Victoria Gardens, and larger mixed-use centers along major corridors, such as Foothill Boulevard and Haven Avenue. Creating destinations also applies to the outdoors. Maintaining and increasing a variety of quality open spaces in the city was similarly an expressed desire by the community. The city’s open space destinations will include small neighborhood parks, plazas and paseos, and natural areas, such as the extensive trails system in the foothills and the North Etiwanda Preserve. The General Plan will further our commitment to providing world-class outdoor destinations and preserving our beautiful natural setting in the foothills of the San Gabriel Mountains. Page 195 12 1 0 5 7 Address Environmental Justice. In Rancho Cucamonga, environmental justice means that everyone in the city has a fair and just opportunity to thrive and no one, especially those with the least means. It also includes the City considering the additional health burdens of environmental degradation and pollution. With this General Plan, the City is striving to reduce and eliminate disproportionate burdens to living, participating, and thriving in this city. A key first step is continuing to improve access to City processes and decision making. While we have a long history of robust public engagement, we will continue to work hard to improve the ease of participation by the community. Through this General Plan, it will also be critical to improve everyone’s ability to get around the city and access the goods, services, jobs, housing, and amenities that contribute to a quality life. Every neighborhood is different, and the future of each neighborhood will be unique. Universally, however, the City is committed to engaging those directly impacted by future decisions and development to collaborate on strategies to reduce disproportionate environmental burdens and strive for equitable access to amenities and services as well as protection from environmental hazards and pollution. The California Government Code (Section 65040.12) defines Environmental Justice as: “the fair treatment and meaningful participation of people of all races, culture and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies. Environmental justice policies and laws have been established to ensure that all people, regardless of race, color, national origin, or income, have equal protection from environmental hazards where they live, work and play. Furthermore, all people should have the equal ability to participate in, and influence, the decision-making process regarding environmental regulations. In the context of this General Plan, equity is one of the three foundational pillars, or core values, upon which this Plan was developed, and addressing environment justice is one of the big ideas identified in this General Plan as critical to achieving the community’s vision. As such, goals and policies directly supporting and furthering environmental justice are included in the development of each chapter. The Environmental Justice Strategy, contained in Chapter 3 of Volume 4 of the General Plan, provides a list of the environmental justice goals and policies from each chapter of the General Plan in one location. Establish Rancho Cucamonga as the Cultural and Economic Hub of the Inland Empire. The Inland Empire is similar in size and population to many states, yet it does not have a clear economic or cultural center. This fact was identified and discussed multiple times during the public outreach process and the community repeatedly articulated a desire to set the example and lead the region. As the City transitions from a sprawling suburban growth model to a more sustainable urban growth model, it is important to remember that people are at the core of what makes a city. Through the community engagement process, the concept of creating vibrant activity nodes and a “real downtown” resonated deeply with people of all ages from all areas of the city. A downtown area, or several major activity centers, with varied cultural opportunities and public art, will provide areas for social, civic, and commercial activity. By creating vibrant, high value places, Rancho Cucamonga will not only ensure its fiscal sustainability and resiliency but will also distinguish itself as the cultural and economic hub of the Inland Empire. This General Plan envisions a future Rancho Cucamonga with a stronger sense of place, higher quality of life, and more competitive economy. To be successful, the General Plan must be implemented purposefully, enhancing areas that are already thriving, and focusing more investment in key opportunity areas where change is desired over time. During the PlanRC community engagement process, it was clear that residents strongly identify with their neighborhoods and, with some exceptions, are happy with where they live and how their neighborhoods function. Accordingly, the Draft General Plan is focused on understanding each area of the city on its own terms and calibrating the degree and nature of change to the neighborhoods and the people that make up the neighborhood. Most of the city has already been built. There is very little undeveloped land left and most of the developed areas will not change. This is both a constraint and an opportunity for the community. We cannot afford to waste land with changes that do not benefit the community. To achieve the vision, all future development and investment will need to be strategic. As such, this General Plan provides specific direction on where to focus future efforts. Some changes will be small and incremental, similar to that which is already occurring. Other changes will be transformative, through both land use design and Page 196 13 1 0 5 7 implementation strategies in focused areas of the city where improvements have been suggested by the community to meet the overall vision of a world class city. Degrees of Change As mentioned above, the key to the Plan’s success will be focusing investment strategically. As such, several focus areas are identified where the public support for, and potential value of, significant near-term change is particularly high. Chapter 2, Focus Areas, in Volume 2 of the Draft Plan, provides fundamental priorities for strategic implementation of key areas of moderate and significant change. These key areas are specific parts of the city where the potential value of coordinated private and public investment is especially high, and near-term improvement is supported by a broad cross section of the community. A higher level of detail, illustration, and strategic recommendations for the Focus Areas are provided to prioritize those areas to help “jump-start” implementation of this Plan. The eight Focus Areas include: •Focus Area 1: Downtown Rancho Cucamonga (Victoria Gardens & Epicenter) •Focus Area 2: Civic Center •Focus Area 3: HART District (Cucamonga Station) •Focus Area 4: Red Hill Gateway •Focus Area 5: Cucamonga Town Center •Focus Area 6: Alta Loma Old Town •Focus Area 7: Etiwanda Heights Town Center •Focus Area 8: Modernized Industrial District Page 197 14 1 0 5 7 Degrees of Change Map Volume 2 – Built Environment How we live, work, shop, learn, travel, exercise, and play in the City of Rancho Cucamonga is strongly affected by the way the city is built. This Volume of the General Plan contains the goals and policies that will most directly influence how the city, including its neighborhoods, districts, streets, and parks, is built. While each of the topics in this Volume are presented in individual chapters, they function together to support options for people. Because how we move about is intrinsic to the design of where we are going, increasing options for access improves equity by ensuring all people can enjoy the opportunities the city has to offer. Improving access, whether by completing trails, adding transport hubs, or ensuring connectivity between where people are and where they want to be, is the overarching design theme of this Volume. Page 198 15 1 0 5 7 Chapter 1: Land Use and Community Character The Land Use and Community Character Chapter describes and defines the distinct types of places—or “place types”—that the City aims to create to achieve the community’s vision for Rancho Cucamonga. This General Plan unifies the inseparable topics of land use and community character and design into a single chapter to ensure that the uses, experiences, and activities that current and future community members enjoy in our city cannot be divorced from our vision for the unique look, feel, character, ambiance and quality of life that we enjoy in Rancho Cucamonga. A consistent message heard throughout the PlanRC engagement process was the importance of displaying the rich history and culture of the city. This Chapter of the General Plan preserves the character and strengths of each neighborhood and recommends appropriate change—small in some cases, larger in others. California law requires a Land Use Element to “designate the proposed general distribution and general location and extent of the uses of the land for housing, business, industry, open space, including agriculture, natural resources, recreation, and enjoyment of scenic beauty, education, public buildings and grounds, solid and liquid waste disposal facilities, greenways, as defined in Section 816.52 of the Civil Code, and other categories of public and private uses of land. The location and designation of the extent of the uses of the land for public and private uses shall consider the identification of land and natural resources. Given the City’s broad place-making goals and the community’s interest in shaping the form and character of the city, this General Plan uses “place type” designations that go beyond conventional land use designations to better define the existing and intended character, form, and function of each part of the city. As shown in Figure LC-2, Place Types and General Plan Designations, and mapped in Figure LC-3, Land Plan, each place type is organized into designations that provide direction on the intended range of uses, appropriate levels of development density and intensity, and intended physical design character. The Land Plan is also available on the City’s website: https://bit.ly/gplandplan. Place Types and General Plan Designations Page 199 16 1 0 5 7 Land Plan Chapter 2: Focus Areas Focus Areas are specific parts of the city where the vision indicates focused change. The potential value of coordinated private and public investment in these areas is especially high, and near-term improvement is supported by a broad cross section of the community. A higher level of detail, illustration, and strategic recommendations for the eight Focus Areas identified previously in this report, and in Figure FA-1 below, are provided in this chapter to prioritize these areas to help “jump-start” implementation of this Plan. Page 200 17 1 0 5 7 Focus Areas Chapter 3: Open Space Open space is the place people go to recharge, play, exercise and learn. While open spaces can be large recreational parks, natural conservation areas, and schools, they can also be trails, or a green space between buildings. Open spaces are windows that let natural light and life into the urban fabric of the city. Community playfields, Central Park and the conserved natural and rural open spaces of the foothills are large specialized open space areas, whereas small- and medium-size parks, which provide places for informal play, family activities, and quiet recreation, are considered part of the neighborhood they serve. A wide range of open space types together meet the full range of residents’ needs for active and healthy lifestyles. While California law requires that a general plan include an element that addresses open space, the provisions of Government Code Section 65560 are mainly focused on preserving agricultural land. Agriculture was once the dominant land use in the city of Rancho Cucamonga, as discussed in the Conservation Chapter, however, the historic agriculture businesses in the city are largely gone. This chapter, therefore, focuses on open space as a general plan designation intended to preserve the natural environment, water courses, and rural areas of the city, as well as preserve and enhance park space for recreation. Page 201 18 1 0 5 7 Although the City has several parks and conservation areas, this General Plan intentionally weaves open space into every land use designation and focus area connecting people to the outside. The intent of this Plan is to make use of areas large and small giving people the ability to enjoy the beauty of the City. Open space is important to conservation and to recreation and is an important part of healthy living. Building on the Mobility and Access chapter emphasis on connectivity, the approach to Open Space is to provide a variety of trails and paths connecting open space with existing and new neighborhoods. Chapter 4: Mobility & Access Mobility needs to connect people to places. In Rancho Cucamonga, this includes connecting residents to their employers, connecting residents to destinations within the city, and connecting the rest of the Inland Empire to Rancho Cucamonga. Ultimately, the mobility system needs to provide for safe, enjoyable, and healthy accessibility within the City. This is accomplished through a focus on the available rights-of-way to create better connections within the City using utility corridors and flood control channels to create an active transportation system and repurposing or reconfiguring roadways to provide additional bicycle, pedestrian, and transit facilities. In this fashion, the City is implementing complete streets by designing for people of all ages and all abilities. This chapter also furthers the coordination with others to make Rancho Cucamonga the mobility center of the Inland Empire. Some of the big ideas include support for the following innovative mobility options: Brightline high speed rail connection from the High Desert and Las Vegas to the Cucamonga Station, the Boring Company’s effort to connect the Cucamonga Station to the Ontario International Airport, and a future regional north/south transit connection from the Cucamonga Station to Riverside County generally paralleling the I-15 corridor. The overarching approach to mobility and access is to provide options for people to move around the city and the region. California law requires that the General Plan include an element that identifies existing and proposed major thoroughfares, transportation routes, terminals, any military airports and ports, and other local public utilities and facilities, all correlated with the Land Use Element of the Plan. The law also stipulates that the City plan for a balanced, multimodal transportation network that meets the needs of all users of streets, roads, and highways for safe and convenient travel. A balanced network means a system that provides for all users of all ages and abilities, including bicyclists, children, persons with disabilities, motorists, movers of commercial goods, pedestrians, users of public transportation, and seniors. Chapter 5: Housing Housing is one of the most basic human needs and recognized as a fundamental right under California law. Planning for housing in a community usually addresses the following three aspects: Availability: Housing growth that is keeping in pace with population and job growth. Adequacy: A housing inventory that provides a variety of housing options to meet the diverse housing needs in the community and offers a safe and decent living environment for all residents. Affordability: A housing inventory that offers a range of price points that would be considered affordable to all socioeconomic segments of the population. The overarching focus for the City is to provide housing for people who live here now, and who may want to live here in the future. The 2021-2029 Housing Element represents the City of Rancho Cucamonga’s effort in fulfilling the requirements under State Housing Element law. California’s local governments meet this requirement by adopting housing plans as part of their General Plan. State housing-element law acknowledges that in order for the private market to adequately address the housing needs and demand of Californians, local governments must adopt plans and regulatory systems that provide opportunities for (and do not unduly constrain) housing development. As a result, housing policy in California rests largely on the effective implementation of local general plans and, in particular, local housing elements. Unlike all the other elements of the General Plan, the Housing Element must be approved by the State and includes a substantial amount of information that is both duplicative, and more detailed than the rest of the General Plan. As such, this chapter summarizes a much larger evaluation of housing need and potential included as an appendix to the General Plan and incorporated in the General Plan Housing Chapter by reference. Page 202 19 1 0 5 7 Housing elements are required to be updated every 8 years, and the Regional Housing Needs Assessment (RHNA) is mandated by State Housing Law as part of the periodic process of updating local housing elements. RHNA quantifies the need for housing within each jurisdiction during specified planning periods. The 6th cycle RHNA covers the planning period of October 2021 through October 2029. The main objective of the RHNA is to distribute the need for new housing construction in an equitable method throughout the state. The Department of Housing and Community Development (HCD) allocates the needed housing units among four household income categories. These four categories are: Income Category Percent of Areawide Median Income (AMI) Very-Low < 50% of AMI Low 51% - 80% of AMI Moderate 81% - 120% of AMI Above-Moderate >120% of AMI Communities use RHNA in land use planning, in prioritizing local resource allocation, and in deciding how to address identified existing and future housing needs resulting from population, employment, and household growth. RHNA does not necessarily encourage or promote growth, but rather allows communities to anticipate growth and plan for that growth across the various income categories. Collectively, this is intended to help the region and subregion grow in ways that enhance quality of life, improve access to jobs, promote transportation mobility, and address social equity and fair share housing needs. The City of Rancho Cucamonga’s RHNA allocation for the 2021-2029 planning period is identified below. Income Group Total Housing Units Allocated Percentage of Units Extremely/Very Low 3,245 31% Low 1,920 18% Moderate 2,038 19% Above Moderate 3,322 32% Total 10,525 100% Source: Southern California Association of Governments (SCAG). Note: The City has a RHNA allocation of 3,245 very low income units (inclusive of extremely low income units). Pursuant to State law (AB 2634), the City must project the number of extremely low income housing needs based on Census income distribution or assume 50 percent of the very low income units as extremely low income. For purposes of identifying adequate sites for the RHNA, however, State law does not mandate the separate accounting for the extremely low income category. The Southern California Association of Governments (SCAG) distributes jurisdictional housing needs throughout Southern California based on a methodology that includes data from the California Department of Finance and California Department of Housing and Community Development. The City is legally obligated and required to ensure that the zoning and general plan land use map designations have adequate capacity to allow for the development of the required units as well as ensure the appropriate zoning on sites offers true development potential and fair processes and fees. The General Plan Update is facilitating new housing development by introducing a new Land Plan that transforms select areas of the city into specialty districts, corridors, place types and neighborhoods with a diverse mix of uses. The updated General Plan incorporates a range of housing densities and significant mixed-use infill that will guide the development of more diverse housing opportunities. The Housing Element is being adopted concurrently with the General Plan update, and therefore utilizes this new Land Plan for the purpose of the residential sites’ analysis. Page 203 20 1 0 5 7 As part of this process, staff is preparing a framework for applying form-based code standards to new development projects as interim guidelines or regulations to ensure that new projects will generally conform to the new standards before the final Development Code is adopted in Spring 2022. This framework will include the form-based zone standards; use tables and use definitions; and, building and frontage types. Land Use Designation Minimum Density Maximum Density Residential Allowed* Feasible for Low Income City Center 40 100 50%Y 21st Century Employment District 24 42 30%Y City Corridor High 40 60 70%Y City Corridor Moderate 24 40 70%Y Traditional Town Center --30 50%N *This is policy for the land use designation, not for individual parcels. Based on the development potential on vacant sites and parcels of interest throughout the City, Rancho Cucamonga can fully accommodate its RHNA for the planning period 2021-2029 through a combination of: 1) entitled sites in Etiwanda Heights, Victoria Gardens, and The Resort, 2) potential accessory dwelling units based on past and projected trends, and 3) vacant and underutilized sites identified in the Sites Inventory (Appendix B of the Housing Element). Extremely Low/ Very Low (Below 50% AMI) Low (51-80% AMI) Moderate (81-120% AMI) Above Moderate (Over 120% AMI) Total RHNA 3,245 1,920 2,038 3,322 10,525 Potential ADUs 36 56 56 12 160 Entitlements 0 0 2,000 3,085 5,085 The Resort 0 0 2,000 0 2,000 Victoria Gardens 0 0 0 385 385 Etiwanda Heights 0 0 0 2,700 2,700 Remaining Need 3,209 1,864 0 225 5,280 In addition to providing a detailed sites analysis to accommodate the potential for new housing, the updated Housing Element also includes: Comprehensive update to housing and demographics data. Addressing changes to housing law since the last update, including new legislation regarding fair housing, measures to further promote Accessory Dwelling Units (ADUs) to the extent required by state law, and regulatory changes regarding emergency shelters and supportive and transitional housing. Updating/restructuring of housing policies and programs to reflect current direction of the community and City Council, and to: o Remove policies and programs no longer appropriate for the city o Consolidate programs/actions with similar objectives o Adjust level of commitments based on past accomplishments In addition to the above changes, in 2017 the State passed AB 686, Affirmatively Furthering Fair Housing (AFFH), requiring Housing Elements to address this topic. The law adopts a now repealed federal rule by reference and indicates that jurisdictions that have completed an Assessment of Fair Housing (AFH) or Analysis of Impediments (AI) to Fair Housing Choice would be able to incorporate information from these Page 204 21 1 0 5 7 studies. HCD was supposed to release guidance on compliance in July 2020. However, release of this guidance was significantly delayed due to the need to develop a data tool to assist local jurisdictions in conducting the analysis. HCD finally released the guidance memo and data tool on April 27, 2021, and staff completed the AFFH analysis, which is included in the Revised Housing Element as Appendix E. Based on the guidance memo, the analysis required is extensive and focuses on a jurisdictional-specific perspective. As such, jurisdictions are often not able to rely on analyses conducted as part of the AFH or AI, which were encouraged by HUD to take a regional approach. The City complies with the State’s AFFH requirements by taking meaningful actions to address impediments identified in the analysis. The Housing Element summarizes fair housing issues, contributing factors, and implementing actions. A key factor that sets the Housing Element apart from rest of the General Plan is the fact that it has to be updated according to a statutory deadline. This is the only element of the General Plan that has a statutory deadline and is required be updated every eight years. For the SCAG region, the deadline is October 15, 2021 with a 120-day grace period. What also sets the Housing Element apart from the rest of the General Plan is that the Housing Element has to be submitted to the Department of Housing and Community Development (HCD) for review to determine compliance with housing element law. The Draft Housing Element, which was presented to the Planning Commission on May 12, 2021, was advertised and posted on the City’s website for public review on May 7, 2021. The City submitted the Draft 2021-2029 Housing Element to HCD for their mandatory review on June 3, 2021 and received HCD’s review letter on August 2, 2021. The letter identified revisions necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code). The comments received in this letter were comparable in length and nature to revisions required of other Southern California jurisdictions that have submitted draft housing elements for review this cycle, including the need to complete the fair housing analysis, described previously. Staff met with HCD on the comments provided and made the necessary revisions. The Revised Draft Housing Element was advertised and posted on the City’s website for public review on August 25, 2021. The City submitted the revised draft to HCD for a second formal review on September 2, 2021 and received HCD’s second review letter on November 2, 2021. Staff continued to work with HCD to address the final requested revisions which were minor and technical in nature and the complete revised and final Housing Element for City Council consideration is available online at Draft Housing Element. This will allow this version of the Housing Element to be recommended for adoption by the City Council within 120 days from the statutory due date of October 15, 2021 and maintain an eight-year planning cycle. Chapter 6: Public Facilities & Services California Government Code Section 65302(a) states that the General Plan must identify the location and designation of land for public uses and utilities. This Chapter has been prepared to address these issues, in addition to other issues involving the City’s public facilities and services. Public facilities are vital to any city’s health, safety, livability, and economic well-being. Public facilities in the City of Rancho Cucamonga include the Civic Center, community sports complexes, family resource center, cultural and senior centers, fire stations, public works facilities, and libraries. An efficient and reliable system of public facilities and infrastructure is essential as the city grows. Every built facility has a useful service life, and therefore the City needs to plan for both expansion and maintenance. Likewise expanding services require an ongoing investment in term of training and support. While new facilities are often funded by new development, maintenance responsibility for existing facilities generally falls to the City’s existing residents. Many of the essential utilities in the City are not under City jurisdiction however the City works closely with the service providers to ensure a collaborative approach to meeting the needs of our residents. The facilities and services provided in Rancho Cucamonga are world class and it is a matter of community pride that the services are responsive to the needs of the people. This Chapter ensures that future growth does not negatively impact the facilities or reduce services. Volume 3 – Environmental Performance This Volume addresses the environmental performance by committing the City, through design and policy, to ensuring that new development equitably considers our natural resources and safety of our residents and visitors. This Volume combines conservation of land with consideration of the natural resources that Page 205 22 1 0 5 7 affect our health and well-being, including air and water quality. Safety is an essential human need, and changes to the climate, like severity of Santa Ana winds and the emergence of a near year-round fire season, make safety planning essential. This Volume also addresses the impacts of noise as the city grows, recognizing that different levels of noise are appropriate in different areas of the city. Chapter 1: Resource Conservation Resource Conservation is the act of ensuring that the development and operation of the City does not undermine the health of its residents, and that development is done with care for the local and global resources that make this city special. The stewardship of natural resources is an important responsibility, and this Chapter ensures their consideration with every action. The resource conservation goals serve to guide and direct long-term planning in the City of Rancho Cucamonga. The policies illustrate the commitment made by the City to resource conservation and the importance of the natural environment. In addition to natural resources, such as air and water, this Chapter also includes policies that respect the City’s history. California law requires that a General Plan include a conservation chapter that addresses the use of natural resources, including water and its hydraulic force, forests, soils, rivers and other waters, wildlife, minerals, and other natural resources. This Chapter considers the effect of development as described in the Land Use and Community Character Chapter and is the foundation for implementation methods designed to protect water quality and prevent flooding. The Resource Conservation Chapter was prepared to meet the requirements of Government Code Section 65302(d) and identifies water courses, flood corridors, riparian habitats, and land that may accommodate floodwater for purposes of groundwater recharge and stormwater management. This Chapter also addresses historic, cultural, and tribal resources. In this context, historic and cultural resources consider the built environment since settling of the area. Tribal cultural resources are those of first residents of the area. Chapter 2: Safety Safety is recognizing that natural and human-caused hazards have the potential to harm people and things, the economic impact to people is another form of harm. It is prudent to plan for emergencies and uncertainty that can threaten the safety and security of residents and businesses. Three earthquake faults either bisect the city or pass-through areas nearby, and the city is adjacent to the Angeles and San Bernardino National Forests which increases the potential for wildfire. Combined with these threats are the Santa Ana wind conditions that can cause damage even without wildfire. Making matters worse is climate change that could increase the intensity of these threats by resulting in drier and hotter weather. Wetter and more intense winter storms could inundate parts of the City that have never experienced flooding or result in slope instability causing landslides or mudslides. This Chapter identifies hazards that would affect the City and supports plans to deal with the hazard. While it is not possible to prevent these hazards, the fact that this City has plans, and will allocate the resources to deal with the hazard, will provide comfort to the people affected by them. State law requires that the General Plan include an element that identifies hazards such as flooding, wildfire, and ground disturbance (Government Code Section 65302 (g)). This Chapter meets the legal requirements for a Safety Element and includes policies intended to reduce injury to people and damage to the city. Relevant issues addressed in this Chapter include seismic and geologic hazards (seismically induced surface rupture, ground shaking, ground failure, slope instability leading to mudslides and landslides, and liquefaction), flooding (includes dam failure), wildland and urban fires, evacuation routes, climate adaptation, and human-caused hazards. Other issues required under this government code section do not apply to the city and are not addressed. The Chapter is also in alignment with other chapters, as required by State law, including: (1) Housing, (2) Land Use, (3) Mobility, and (4) Open Space and Conservation. Rancho Cucamonga has also developed and adopted a Local Hazard Mitigation Plan (LHMP), an Emergency Operations Plan (EOP), a Community Wildfire Protection Plan (CWPP), and an Evacuation Assessment, all of which allow the City to become eligible for federal grant funding to mitigate many of these natural hazards. These plans are discussed subsequently in this staff report. Page 206 23 1 0 5 7 In compliance with California Government Code Section 65302 (g) 3 [Senate Bill 1241] the Rancho Cucamonga General Plan Safety Element requires adoption by the California Board of Forestry and Fire Protection (BOF) due to the presence of Very High Fire Hazard Severity Zones located within the city. As part of this adoption process, the Safety Element underwent a review by Cal Fire staff within their Land Use Planning Program. This review process included an initial review of the existing Safety Element in 2020, which Cal Fire performs as a courtesy to jurisdictions. Once the updated Safety Element was ready for review, the City submitted the Public Review Draft Safety Element on July 21, 2021 to Cal Fire staff. Since this submittal, coordination with staff involved conference calls and revisions that coincided with the release of the 2nd Public Review Draft Safety Element. On October 15th, 2021, Cal Fire confirmed the Safety Element was eligible for transmittal to the BOF for adoption. The element was reviewed and approved by the BOF on November 2, 2021, indicating eligibility for final adoption by the City. Chapter 3: Noise California law requires that a General Plan include an element that addresses noise. This Chapter was prepared to meet the requirements of Government Code Section 65302(f)) and addresses both noise and vibration. As required, this Chapter identifies noise in the community from a variety of sources and supports a pattern of land uses designed to minimize exposure of residents to excessive noise. This Chapter includes possible solutions to address existing and foreseeable noise problems and establishes areas where more noise may be acceptable. As the city grows and more people live closer together, the excitement and energy that this brings needs to be balanced with the very real need for quiet space. The approach to noise in this Chapter is to differentiate between the good noise and the bothersome noise. Letting people know that an area will have good noise gives them a choice to live nearby and limiting the bothersome noise will help with their quality of life. While more noise may be inevitable in a growing city, there are things that can be done with design to provide quiet places for people to relax. Design is also important in providing places for people to make noise, and as noise friendly places are often near people, their need for peace and quiet need to be addressed. The goal of the Noise chapter is to develop a city with appropriate noise and vibration levels that support a range of places from quiet neighborhoods to active, exciting districts. Volume 4 – Implementation The implementation strategy is a series of actions large and small that are essential to realizing the goals and policies of this General Plan. This volume includes a Work Plan that covers operations of the City, provides staff with standard conditions of approval as a starting point for project evaluation, and a Placemaking Toolkit that helps the City and landowners meet the land use and community character expectations. Volume 4 also identifies all of the goals and policies contained in the General Plan that address environmental justice issues per Senate Bill (SB) 1000. Chapter 1: General Plan Work Plan Because City resources are finite it is essential that a Work Plan be adopted that prioritizes how the City implements the General Plan. Not everything can be done at once, and some actions are dependent upon others having been completed. The intent of this Work Plan is to provide a general idea of which things should be done first. The Work Plan is a guide for City staff, decision makers, developers and the public that lays out specific actions and steps required to achieve the goals set forth in the General Plan. It is also a flexible framework within which more precise measures are addressed. Many of the measures, such as an update to the Development Code, or revised engineering standards, affect codes that are already in use but need to be updated to realize the vision of this General Plan. In some cases, there are no existing implementing measures, thus requiring new ones to be developed and included in this work plan. For many of the implementation actions, community input is essential, and it is likely that several drafts will be required before the next actions are decided upon. A world class city is always evolving to respond to new challenges therefore this list is far from comprehensive. The list will be used regularly for budgeting and strategic planning purposes. It will be reviewed as part of the annual reporting on the progress of the General Plan. It is almost certain that Page 207 24 1 0 5 7 through conversations between the people most affected by the implementation strategy and those working to complete the task, new methods of achieving the vision of General Plan will be developed. As such, this list supports the General Plan, but is expected to be amended regularly. Chapter 2: Placemaking Toolkit In addition to the Work Plan, Volume 4 of the General Plan includes a Placemaking Toolkit to help implement the vision and goals of the General Plan. The Placemaking Toolkit is a set of implementation tools intended as a guide for the City, property owners, and developers, to help ensure that each new increment of private and public investment in Rancho Cucamonga contributes to the making of great places of strong and enduring value. The intention of this Toolkit is to clearly describe, diagram and illustrate the types of development patterns, forms and strategies that will result in human-scale, pedestrian-oriented places that achieve the community’s vision as presented in this General Plan. Through the extensive PlanRC community engagement process of 2020, thousands of residents shared their hopes and dreams for the future of our city. While there were many diverse points of view, it was very clear that the one thing most people want is “more nice places to go and more ways to get there.” This requires that public and private improvements work together to “make places, not just projects” and focuses attention on the streets and other public spaces of our city—the “public realm”—which is the network of spaces through which one gets around town, and in which one meets and interacts with others. The public realm is the glue that holds all the projects together and makes them into a great city. As such, the Toolkit focuses on three high-priority topics related to the built environment: 1) activating the public realm, 2) rebalancing streets and public spaces, and 3) completing the community fabric. The Placemaking Toolkit is not a regulatory document, but rather a guide to the City, and to property owners and developers, for implementing the placemaking policies set forth in the General Plan. Chapter 3: Environmental Justice Strategy The purpose of this chapter is to provide a list of the environmental justice goals and policies from each chapter of this General Plan in one location. By law the General Plan must address at least the following five health and environmental justice outcomes: Reduction of pollution exposure, including improvement of air quality; Promotion of public facilities; Promotion of food access; Promotion of safe and sanitary homes; and Promotion of physical activity. This chapter lists the policies and strategies from the General Plan Update that address the SB 1000 required topics and are designed to address existing environmental justice issues in the city and prevent future issues from occurring. RELATED AND IMPLEMENTING PLANS: The Work Plan and Placemaking Toolkit contained in Volume 4 of the General Plan are only one part of the implementation strategy for the General Plan. There are other essential plans and efforts, such as the Climate Action Plan, Local Hazard Mitigation Plan, and forthcoming updated Development Code that the PlanRC Team has been working on as part of the PlanRC process that help implement, but are not included in, the General Plan. These related plans and efforts are described below. Climate Action Plan The Climate Action Plan (CAP) is a companion to the General Plan, which envisions a world-class community, in part, as one that reduces its contributions to a changing climate, and commits the City to doing so through preparing, maintaining, and implementing the CAP. The CAP also helps implement the General Plan by including the elements of a “qualified” plan under State regulations (CCR Section 15183.5[b]), which unlocks project-level environmental review streamlining benefits for development consistent with the General Plan. As a companion document to the General Plan, the CAP’s measures to reduce the community’s contributions to climate change are grounded in the General Plan’s core community values of Health, Equity, and Stewardship. The CAP also builds on the broad climate change policies set forth in the General Page 208 25 1 0 5 7 Plan. Overall, the General Plan directs the City to reduce its climate change-causing greenhouse gas (GHG) emission in alignment with statewide reduction goals, and to prioritize CAP measures that also achieve economic, health, social, environmental, and other co-benefits for the city and its residents and businesses. Structural equity is a priority, and the CAP measures involving physical improvements will be used to improve areas of the city where existing improvements are lacking. The General Plan recognizes that nearly all of the community’s climate change contributions are from vehicle travel and building energy uses, and therefore the largest reductions will also need to come from these activities. The development envisioned by the General Plan is intended to reduce the need to drive by improving access by sidewalk, pathway, and trail, and by encouraging a more compact urban form that arranges land uses close to where people live to give them options for moving around with or without their vehicle. It promotes maintaining an urban forest of trees, parks, and landscaping, connecting pedestrian paths and bikeways throughout the city to encourage active transportation, giving priority to transit and providing incentives for telecommuting and carpooling. The General Plan also recognizes that changes in vehicle technology will reduce GHG emissions and includes policies to increase the use of electric or zero emissions vehicles in the City’s vehicle fleet and by residents and businesses. Transit services are also envisioned as being powered by electricity or zero emissions technologies. The General Plan also envisions a community of energy-efficient buildings that rely primarily on renewable and non-polluting sources of energy. This means more high-tech changes like promoting renewable energy installations, facilitating green technology and business, using sustainable design in new construction, and retrofitting existing homes and businesses to improve efficiency and use the latest technologies. Low-tech methods are also part of the vision, including passive building design suited to the local arid environment, building materials that avoid contributing to the urban heat island effect, and cooling strategies that provide shading in public spaces throughout the city. To supplement its focus on vehicle travel and building energy use, the General Plan also lays out policies to reduce GHG emissions that result from how the community sources and consumes water, uses off-road equipment, and creates and disposes of solid waste. This CAP channels the General Plan’s vision and policies into a detailed plan of action for Rancho Cucamonga. The CAP is available online at Climate Action Plan. Local Hazard Mitigation Plan The 2021 City of Rancho Cucamonga Local Hazard Mitigation Plan (LHMP) assesses the significant natural and human-created hazards that may affect the city and its inhabitants. The plan evaluates these hazards, assesses the population and potentially vulnerable structures, and recommends mitigation strategies and actions to be implemented in the future to reduce these vulnerabilities and aid in creating a more resilient community. The LHMP is a strategic plan that seeks to identify and mitigate natural hazards, and is distinct from the Safety Element, directly responding to the requirements of the federal Disaster Mitigation Act (DMA) of 2005. The DMA establishes requirements to identify hazards, evaluate mitigations, and prioritize strategies to mitigate hazard risks. These future mitigation actions include policies, programs, projects, and tools to implement over the long term to reduce future economic, infrastructure and personal property losses community wide. The Fire District’s Emergency Management Division presented the draft plan to the City Council and Fire Board on March 17, 2021, which also initiated the required public review process until April 15, 2021. The LHMP received a few comments from the public but no suggestions for changes to the plan. The plan was then sent to the California Office of Emergency Services (CalOES) for their review and approval. CalOES completed their review and approval on May 27, 2021 and they forwarded the plan to FEMA Region 9 for their formal review. On July 13, 2021, FEMA completed its review and determined that the plan is eligible for final approval pending the adoption by the City of Rancho Cucamonga. Adoption of the LHMP occurred on August 18, 2021, which ensures the City is eligible for FEMA hazard mitigation grant funding programs like Flood Mitigation Assistance (FMA), Building Resilient Infrastructure and Communities (BRIC), and Hazard Mitigation Grant Programs (HMGP). The LHMP is considered an implementation tool of the General Plan Safety Element and was incorporated by reference into the element, ensuring compliance with Assembly Bill 2140 (California Government Code Sections 8685.9 and 65302.6), which provides the City and State flexibility under the California Disaster Assistance Act. The LHMP is available online at LHMP 2021. Page 209 26 1 0 5 7 Community Wildfire Protection Plan Communities with a wildfire risk are encouraged to complete a Community Wildfire Protection Plan (CWPP). Wildfires have been a part of Rancho Cucamonga’s ecosystem for at least the thousands of years for which we have geological data. The low humidity, high wind, hot temperature climate combined with the native chaparral vegetation make this area prone to wildfires. A CWPP is a compilation of information and data centered around wildfire history, wildfire safety best practices, and community preparedness. The role of the CWPP is to identify wildland fire hazards, reduce the risks associated with wildland fires, and engage the community in planning and preparing for wildland fires in order to minimize the effects these fires have on residents, businesses, and the environment. This document serves as a guide intended to assist the community with preventing wildfires, protecting against the potential destruction of a wildfire event, and increasing resiliency to the wildfires that are a natural part of the ecosystem of the City of Rancho Cucamonga and the nearby unincorporated foothills that are within the Rancho Cucamonga Fire District. The CWPP is available online at CWPP May 2021. Evacuation Assessment There are a variety of events that could require an evacuation of parts of the City of Rancho Cucamonga. These events could be caused or fueled by nature, including wildfires, floods, geological or seismic events; while others can be caused by human initiated events such as utility failures, infrastructure failures or other factors (such as airplane crashes or vehicular crashes). With climate change increasing drought conditions and weather events throughout the state, it is prudent to review the capacity of the evacuation system (e.g. capacity of the evacuation roadways) to assist with planning for these events. Additionally, recent events like the Camp Fire in Paradise, California, reinforce the need to better prepare for rapid evacuations during these types of events. This study provides a detailed look at the evacuation system and focuses on estimating the time needed to evacuate. The results provide information that helped inform the General Plan Update (especially related to network redundancy and connectivity) in addition to meeting the legislative requirements associated with SB 99 (2019) and AB 747 (2017). The assessment analyzes five different emergency scenarios, all requiring different approaches to evacuation orders, and provides recommendations to facilitate emergency evacuation, especially in the hazard areas north of SR-210, as the City builds out the Mobility Element roadway network of the updated General Plan. The Evacuation Assessment is available online at Evacuation Assessment. Development Code Update The City is currently working with the consultant team on amendments to the Development Code to implement the updated General Plan, which will include the addition of form-based code components for the new mixed-use place types established in the General Plan. The goals of the Development Code update are to codify the community’s vision as established in the General Plan update process, increase certainty in the development review process, and facilitate implementation of key General Plan concepts related to land use and urban design. A primary objective of the code update is to integrate form-based regulations in appropriate areas, such as along Foothill Boulevard, to promote pedestrian activity and transition these areas from auto-oriented to more walkable and urban configurations. Fundamental elements of the Development Code Update are: An updated hybrid Development Code that integrates form-based and conventional zones. New form-based zoning regulations for walkable mixed-use areas along Foothill Boulevard and other key corridors. Evaluation of existing Specific Plans and Master Plans and the opportunities for incorporating existing standards into the new zoning regulations. New Objective Design and Development Standards (ODDS) for multi-family residential and mixed-use development projects with an evaluation of how the proposed ODDS align with the form-based standards, such as building and frontage types. Development of an interim process to establish the new form-based code standards prior to the adoption of the updated Development Code. New or revised conventional zones to implement the land use vision of the General Plan. Revised general development standards to address General Plan policy or existing deficiencies Page 210 27 1 0 5 7 with respect to landscaping, open space, and noise, among others as needed. Improved administration and permit procedures to streamline development review for projects consistent with the General Plan and ensure adequate tools for enforcement of the Code. Compliance with State and Federal law. Work on the Development Code update has begun, and a draft for public review will be available in early 2022. Economic Development Strategic Plan Update As part of the PlanRC process, the City is conducting a targeted update of the Economic Development Strategic Plan (EDSP). The EDSP is a policy document that will guide the City’s economic development priorities and activities over the next five years, and the most recent EDSP was adopted in 2015. This document has been extensively used to help guide the City’s economic development efforts but is now outdated and in need of revisiting to keep current with changing needs and conditions. Based on previously completed economic and market analyses for the General Plan update and targeted follow-up research and interviews, the revised EDSP will describe the City’s economic context, opportunities and constraints, and will provide strategies and implementation actions for recovering from the impacts of the COVID-19 pandemic and for improving the City’s long-term economic resilience. Work on the EDSP update commenced in August 2021, and a complete draft is anticipated to be ready for consideration by the City Council the first quarter of 2022. City staff and the consultant team are continuing to collaborate to develop strategies supporting the City’s vision and goals. Key issues being considered include: 1) opportunities to support the growth of office- based employers and to drive demand for additional office space in locations identified in the General Plan, 2) revitalization of and reinvestment in underperforming retail centers, 3) development and retention of industrial-manufacturing type businesses, particularly within green manufacturing and other targeted industry clusters, and 4) enhancing opportunities to match local job opportunities with the City’s residents, both in terms of jobs-housing balance and in terms of jobs-skills match. ENVIRONMENTAL IMPACT REPORT: Pursuant to the California Environmental Quality Act (“CEQA”) and the City’s local CEQA Guidelines, a Draft Environmental Impact Report (DEIR) was prepared by the City’s environmental consultant to analyze the potential environmental effects of the General Plan. (CEQA) requires that local government agencies consider the environmental consequences before acting on projects over which they have discretionary approval authority. An environmental impact report (EIR) analyzes potential environmental consequences to inform the public and support informed decisions by local and state governmental agency decision makers. The primary purpose of this EIR is to evaluate the broad-scale environmental effects of the theoretical potential development resulting from the General Plan at build out and identify possible ways to avoid or reduce those impacts to below thresholds acceptable to the community or to be in line with State requirements. In developing the General Plan we considered, discussed, and addressed possible environmental impacts as part of the process, and the EIR is analyzing and confirming the policies and programs of the General Plan to ensure it effectively deals with environmental implications and that mitigation can be achieved. The EIR covers all the topics included in the CEQA guidelines. This includes: Aesthetics (Visual) Agricultural & Forestry Resources Air Quality Biological Resources Cultural Resources Energy Geology & Soils Greenhouse Gas Emissions Page 211 28 1 0 5 7 Hazards & Hazardous Materials Hydrology & Water Quality Land Use & Planning Mineral Resources Noise Population & Housing Public Services Recreation Transportation Utilities & Service Systems Tribal Cultural Resources Wildfire The following summarizes key points in the environmental review process: Notice of Preparation A Notice of Preparation (NOP) for the Environmental Impact Report was prepared and circulated on May 10, 2021 to the State Clearinghouse, and to public agencies that have discretionary approval power over the project, i.e. “Responsible Agencies” and Tribal Governments. Also, the NOP was made available for review at City Hall, and on the City’s website. In compliance with State law, the comment period ended 32 days after the date of circulation on June 11, 2021. The NOP serves as public notification that an EIR is being prepared and requests comment and input from responsible agencies and other interested parties regarding environmental issues to be addressed in the document. The City received comments from 3 public agencies, 3 organizations, and no individual members of the community. The NOP and the comments that were received are contained in Appendix 2-2 of the Draft EIR. Agencies or interested persons, whether they responded during the public review period of the NOP or not, also have an opportunity to comment on the Draft EIR during the public review period or during public hearings to be conducted by the City on the Draft EIR and the General Plan Update. The City also consulted with 3 Native American tribes as part of the SB 18 process. Public Scoping Meeting In addition to the NOP, CEQA recommends conducting a scoping meeting for the purpose of identifying the range of potential significant impacts that should be analyzed within the scope of the Draft EIR. The City conducted a noticed Public Scoping meeting during a Planning Commission meeting on May 18, 2021. The notice for this scoping meeting appeared in the Inland Valley Daily Bulletin newspaper notification was provided in various social media platforms. The intent of the Public Scoping Meeting was to receive public testimony on those issues that the public would like to have addressed in the EIR as it relates to the project and environment. Following a brief explanation of the environmental review process, comments were received from the public. Public comments included general questions about topics covered in the EIR. Draft EIR Preparation and Circulation The Notice of Availability (NOA) and the Draft EIR (SCH No. 2021050261) were prepared and distributed to all responsible agencies, tribal governments, and individuals who had expressed interest in the project and/or had previously requested copies. The Draft EIR is also available on the City’s General Plan Update webpage, along with an informational video about the EIR and how to comment on the EIR. It was advertised in the City’s “eNewsletter” (which has 18,000 subscribers), and an email was sent to individuals who subscribe to the General Plan Update email. The Draft EIR was also advertised in various social media platforms including Facebook, Instagram, Twitter, and Nextdoor. The 45-day public review period for the Draft EIR began on September 10, 2021 and expired on October 25, 2021. During the public review period, the Draft EIR and technical appendices are available for review at: The Archibald Library - 7368 Archibald Avenue, Rancho Cucamonga, CA 91730 The Paul A. Biane Library - 12505 Cultural Center Drive, Rancho Cucamonga, CA 91739 The Planning Counter at City Hall - 10500 Civic Center Drive, Rancho Cucamonga, CA 91730 Page 212 29 1 0 5 7 Online at https://www.cityofrc.us/GeneralPlan Opportunities to comment on the Draft EIR were made available through: Emails to GP-EIR-Comments@cityofrc.us or jennifer.nakamura@cityofrc.us A dedicated Comment Portal at www.publicinput.com/GP-EIRcomments Final EIR The Final Environmental Impact Report (FEIR) has been prepared in accordance with the California Environmental Quality Act (CEQA) as amended (Public Resources Code §§ 21000 et seq.) and CEQA Guidelines (California Code of Regulations §§ 15000 et seq.). The Final EIR incorporates the Draft EIR and contains comments received on the DEIR, responses to the individual comments, revisions to the DEIR including any clarifications based on the comments and the responses to the comments, and the Mitigation Monitoring and Reporting Program (MMRP) for the proposed project, which is inclusive of standard conditions of approval applicable to future development within the City. Comment letters on the Draft EIR were received from 5 agencies and organizations and 3 individuals. The Final EIR provides a list of agencies and interested persons commenting on the DEIR; copies of comment letters received during the public review period, and individual responses to written comments. In accordance with CEQA, Public Resources Code Section 21092.5, copies of the written responses to public agencies were forwarded to those agencies 10 days prior to certifying the environmental impact report. The FEIR is posted on the project website at: Final EIR Facts, Findings, and Statement of Overriding Considerations If significant unavoidable environmental impacts result with a project, the City must balance the benefits of the project against its unavoidable environmental risks in determining whether to approve the project. If the benefits outweigh the unavoidable adverse impacts, the City may adopt a statement of Overriding Considerations in accordance with CEQA Section 21081. The DEIR found that, despite the implementation of General Plan policies and standard conditions of approval intended to minimize of avoid significant impacts to the environments, certain impacts to the following would remain significant and unavoidable; therefore, the City prepared a Statement of Overriding Considerations for the proposed project: Aesthetics (cumulative impacts only) Agriculture and Forestry Resources Air Quality Biological Resources Cultural Resources Greenhouse Gas Emissions Mineral Resources (cumulative impacts only) Noise Transportation Wildfire (cumulative impacts only) A full description of the significant impacts resulting from the proposed project and the benefits of the proposed project that outweigh the project’s unavoidable adverse effects are contained in the Facts, Findings, and Statement of Overriding Considerations. In summary, the Statement of Overriding Considerations balances the following project benefits against the significant environmental impacts identified: Project Benefit #1: Adoption of the General Plan would provide goals and policies that would facilitate implementation of the project objectives to: Provide a human-scaled design, with buildings and outdoor spaces oriented towards people connected by safe and comfortable streets, pathways, and trails that provide equitable access for all. Focus transformative growth along major corridors and allowing incremental change in the neighborhoods. Page 213 30 1 0 5 7 Increase jobs in the City to encourage more residents to work locally and reduce commuting out of the City to work. Maintain and enhance conservation areas. Create vibrant activity nodes and a “real downtown” area with one or several major activity centers, with varied cultural opportunities and public art providing areas for social, civic, and commercial activity. Project Benefit #2: Implementation of the General Plan would provide an increase in housing to meet the City’s regional housing needs and meet current State housing law. The Housing Element of the General Plan Update includes policies and programs to support a variety of housing types and densities to accommodate residents in the City. Project Benefit #3: Adoption of the General Plan would provide consistency with the regional goals in Connect SoCal, the 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS). The proposed General Plan would address economic growth in the City by supporting job creation and reducing jobs-housing imbalance; improve mobility by proposing vehicular, bicycle, and pedestrian circulation systems; and would reduce greenhouse gas emissions by reducing VMT due to the mix of uses permitted. Project Benefit #4: The General Plan promotes the City’s economic vision by including economic strategies that reflect changing conditions and promote fiscal sustainability by actively managing growth and investments in the community to maximize the value of new development. Project Benefit #5: Adoption of the General Plan and Climate Action Plan bring the City into compliance with current legislation. The proposed General Plan and Climate Action Plan contain goals, policies, and strategies that help the City implement: Assembly Bill 1358 (2008), Complete Streets Senate Bill 1000 (2016), Environmental Justice Senate Bill 1241 (2012), Safety Element Fire Hazard Impacts Senate Bill 379 (2015), Climate Resiliency and Vulnerability Senate Bill 32 (2016), Global Warming Solutions Act Other Considerations: If the City does not update the General Plan, there will still be significant impacts relating to air quality, GHG emissions, and noise. Even without any growth in the city, which is not a realistic scenario, the significant impacts relating to air quality and GHG emissions will occur simply due to regional growth. Impacts relating to construction noise are temporary in nature. FISCAL IMPACT: One of the “Big Ideas” of this General Plan is to establish Rancho Cucamonga as the cultural and economic hub of the Inland Empire. By creating vibrant, high value places, Rancho Cucamonga can ensure its fiscal sustainability and resiliency and distinguish itself as the economic hub of the Inland Empire. This General Plan envisions a future Rancho Cucamonga with a higher quality of life and more competitive economy. As such, the Land Plan and associated “place type” designations promote development patterns that secure the community’s fiscal condition while reinforcing a strong sense of place. Fiscal Impact Analysis The fiscal impact of projected future growth under the buildout program for the General Plan Update is analyzed in the Fiscal Impact Analysis Results and Technical Information Memorandum, dated October 14, 2021, and prepared by Strategic Economics. This analysis is attached to this staff report as Attachment 4. The fiscal impact analysis measured the net revenue impact of total projected growth on the City’s largest operating funds—including the General Fund, the Fire Fund, and two fire protection community facilities district funds—by calculating associated increases in revenues and expenditures. The assumptions Page 214 31 1 0 5 7 regarding the amounts and types of new growth were based on the buildout program. The analysis found that the PlanRC buildout program will result in a significantly positive net fiscal impact, generating about $25.2 million net annual revenue (i.e., revenues minus expenses) at full build-out. The General Fund accounts for $13.9 million of this projected revenue, while the Fire Protection District accounts for $11.3 million. Property tax and “Property Tax In-Lieu of Vehicle License Fee” (VLF) constitute the largest sources of revenues associated with the buildout program, together accounting for 65 percent of total revenue for the operating funds considered in this analysis. The largest projected expenditures attributable to serving growth in the buildout program are associated with the Sheriff’s Department contract ($13.5 million) and the Fire Protection District ($10.4 million). These two departments are projected to account for 75 percent of all new City expenditures associated with serving growth under the General Plan buildout program. The fiscal impact analysis also found that growth in the buildout program will generate high net positive revenues relative to total revenue; that is, the cost of providing services for new growth in the buildout program will be significantly lower than the additional revenue generated by growth. Net revenue as a percent of total new revenue was projected at 39 percent for the General Fund and 52 percent for the Fire Protection District. The analysis found that the buildout plan results in a high net positive fiscal impact because new residential and commercial property will generate a significant amount of property tax revenue and related tax revenue, while staff from City departments determined that few significant new recurring expenditures will be necessary to serve anticipated growth in the City’s residential and employee populations. In part this is attributable the Land Plan and the underlying concepts which concentrate and focus growth in areas that are already served well, rather than promoting unconstrainted horizontal growth which would require a commensurately greater investment in new facilities, personnel and programs. Value Per Acre Economic Analysis In addition to the fiscal impact analysis, we worked with Urban3 to conduct a spatial economic analysis of the proposed General Plan Land Plan using a value per acre model. This model analyzed the fiscal implications of different patterns of development and demonstrated how the way Rancho Cucamonga is built drives the way it is funded. The value per acre metric was used a starting point to create a visual representation of the fiscal productivity and health of the community and economic potential of the proposed General Plan Land Plan, including both property and sales tax revenue streams. Using the value per acre analysis throughout the PlanRC process, our planning team garnered information about the development patterns in the community, leading to stronger decision-making about the proposed land use plan based on the public’s return on investment. It is sometimes assumed that budget problems can be solved by creating more growth, yet more growth in unproductive patterns simply creates more cost than revenues and thereby increases economic problems. This analysis and approach helped to provide transparency regarding the cost of growth and long-term obligations to create a healthy, sustainable fiscal future for Rancho Cucamonga. The results of the visual analysis demonstrate the economic potency of having denser, mixed use urban centers, or a real “downtown,” within the city. A side-by-side comparison of the taxable value per acre of the current and planned buildout of the City shows a significant increase in the total, average, and peak value, including a nearly 20% increase in total value created. A wider model of the future Rancho Cucamonga in the current two county region reminds us that creating active centers or nodes of denser mixed-use development, as illustrated by the “purple spikes,” can help the City maintain a high level of fiscal performance and become a focal point of activity for the region. The City will require similar economic analyses for large projects to demonstrate the financial benefits and impacts of development at the project approval level based on anticipated full life-cycle costs and value per acre. Page 215 32 1 0 5 7 NEXT STEPS: Following adoption of the General Plan, staff will continue the existing work already well under way on the Development Code Update, a key implementing tool of the updated General Plan land use designations, or “place types”. Staff is currently working on the Administrative Review Draft and engaging with key stakeholders to get initial input. The schedule for the Development Code Update is to prepare a public review draft that will be available early in the new year, continue to engage with the public and key stakeholders, and present to the Planning Commission and City Council in Spring 2022 for adoption. COUNCIL GOAL(S) ADDRESSED: This comprehensive General Plan Update supports the Council’s Mid and Long-Range Planning goal of preparing a comprehensive update to the General Plan by the 4th quarter of 2022. Page 216 33 1 0 5 7 ATTACHMENTS: Attachment 1 – Planning Commission Resolution 21-71 Recommending Approval of the General Plan Update, 2021-2029 Housing Element, Climate Action Plan and Certifying the EIR Attachment 2 – November 10, 2021 Planning Commission Minutes Attachment 3 – Revisions to Planning Commission Public Hearing Draft General Plan (dated November 2021) for City Council Public Hearing Draft General Plan (dated December 2021) Attachment 4 – Fiscal Impact Analysis, October, 2021 Attachment 5 – Public Hearing Draft General Plan (December 2021), 2021-2029 Housing Element (December 2021) and Climate Action Plan (September 2021) Attachment 6 – Draft and Final Environmental Impact Report Attachment 7 – Resolution No. 2021-132 Attachment 8 – Resolution No. 2021-133 Page 217 Page 218 Page 219 Page 220 Page 221 Page 222 Historic Preservation Commission and Planning Commission Agenda November 10, 2021 MINUTES Rancho Cucamonga, CA 91729 7:00 p.m. The regular meeting of the Historic Presentation Commission and Planning Commission was held on November 10, 2021. The meeting was called to order by Chair Oaxaca at 7:00 p.m. A. Roll Call Planning Commission present: Chair Oaxaca, Vice Chair Dopp, Commissioner Guglielmo, Commissioner Morales and Commissioner Williams. Staff Present: Nicholas Ghirelli, City Attorney; Anne McIntosh, Planning Director; Mike Smith, Principal Planner; Jason Welday, Engineering Services Director; Matt Burris, Deputy City Manager; Elisa Cox, Deputy City Manager; Jennifer Nakamura, Management Analyst; Justine Garcia, Engineering Services Deputy Director; David F. Eoff IV, Senior Planner; Tabe van der Zwaag, Associate Planner; Jennifer Camacho-Curtis, Community Affairs Officer; Elizabeth Thornhill, Executive Assistant. B. Public Communications Chair Oaxaca opened the public communications. Kyler Gillam, resident, commented regarding drought conditions and suggested development of a desalination plant and explained it takes salt water to fresh water and to locate it possibly at Etiwanda Preserve. Hearing no other comments, Chair Oaxaca closed public communications. C. Consent Calendar C1.Consideration to adopt Regular Meeting Minutes of November 10, 2021. Motion by Commissioner Guglielmo, second by Commissioner Williams to approve Consent Calendar. Motion carried unanimously 5-0 vote. D. Public Hearings D1.LOCATED AT 9377 HAVEN AVENUE - TRINITY HOLDINGS HAVEN AVENUE, LLC - A request to convert an existing 8,993-square foot office building on a 0.103-acre parcel (4,495 square feet) of land into 4 office condominium units in the Industrial Park (IP) District and Haven Overlay District; APN: 0210-081-33. Tentative Parcel Map (SUBTT20317). Tabe van der Zwaag, Associate Planner, presented Commissioners with a Staff Report and presentation (copy on file). Chair Oaxaca opened public hearing. Page 223 HPC/PC MINUTES – November 10, 2021 Page 2 of 7 Draft Serge Bonaldo, Applicant, thanked Tabe for his work and was available for any questions. Hearing no further comments, Chair Oaxaca closed the public hearing. Commissioners concur and support this project. Motion by Commissioner Guglielmo, second by Commissioner Morales to adopt the proposed Resolutions 21-70 - Tentative Parcel Map SUBTPM20317. Motion carried unanimously, 5-0 vote. D2.Consideration of the following: PlanRC General Plan Update, 2021-2029 Housing Element, Climate Action Plan and Environmental Impact Report (SCH 2021050261). This item will be forwarded to City Council for Final Action. Jennifer Nakamura, Management Analyst II; David Eoff IV, Senior Planner; Jennifer Camacho-Curtis, Community Affairs Officer; and Mark Teague, EIR Consultant (PlaceWorks) presented the Commissioners with a presentation (copy on file). Vice Chair Dopp praised staff on their hard work and expressed it was tremendous with all the effort and detail that went into it. He asked about utilities corridor on permanent structures and wanted to know what kind of discussion took place at staff level and the public about ways of creativity in terms of utilizing space for interaction and connectivity with neighborhoods and allowing people to have recreation opportunities. Jennifer Nakamura answered utilities corridors are multifaceted areas, but we believe they have potential to create connections within the city. She said, however, we do need to be sensitive to the needs of public utility and not interfering with their uses. As we move forward, we want to support those efforts but also work with SCE and public utilities to ensure it could all be done safely and mutual agreement with both parties. Nicholas Ghirelli, City Attorney, mentioned there are instances where a utility easement will not allow the installation of structures on site. Also, Standard Conditions of Approval in the EIR are being recommended to make sure future recreational facilities do not interfere with utility infrastructure. Vice Chair Dopp stated there was clarification made on community benefit beyond what appeared to be industrial uses and asked for examples where that might pop up in future developments. Jennifer Nakamura replied when it comes to community benefit that is an area that has a wide range of possibilities. It could potentially impact any development that chooses to work with the City and would like any sort of change or negotiation in standards, as long as they can provide this additional community benefit. It’s not necessarily related to any one type of user, but it could happen with any future development. Vice Chair Dopp regarding traffic and transportation he asked what kind of comments did we get from the public about the desire to see different types of mode of transportation in the city. Jennifer Nakamura answered they received a wide variety of responses. Individuals who were very interested in continuing current auto centric model. Interest in having additional bike lanes and those wanting to find an easier way to walk from their neighborhood to their local shopping centers. This plan tries to accommodate all of those needs. Page 224 HPC/PC MINUTES – November 10, 2021 Page 3 of 7 Draft Anne McIntosh added they did focus on transportation and transit opportunities in one of the workshops and when we talked about Victoria Gardens area and Civic Center area and having those be the new downtowns, there was a lot of interest in transit that would provide circulation opportunities between those areas, they saw potential for that to connect in the future. In recognition similar to The Resort where we have higher density development and potentially a station in the future, we have more people that want to live in those types of communities who will be out to use those local circulators like trollies in the area. In creating a whole new transit in the city east of Haven south of Foothill area. Chair Oaxaca opened public hearing. Lawrence Henderson, resident, expressed his objection. He takes exception with the phrase “World Class Community”, it’s an undefined term. He said it is a marketing term and no place for planning. He has concern that a lot of the community did not know about this or have a way to involve themselves. A personal thing, he would send comments to the City and receive back a basic comment “thank you for your input”. Not, “this is what we did with your input”. It became clear when he realized all the overlays were eliminated in the General Plan. Primarily the equestrian overlay. He views this document as a marketing document meant to help developers. Not so much the community or people. He said looking at some of the language in the General Plan is slanted too far to development side of things. It jumps a lot of the responsibility to staff, and you will find out you will not get the quality if you do this. As a citizen of the community, he is giving his view on the inconsistencies of the plan. Rick Fontana, resident, stated he was not contacted about this engagement. He said nobody reached out to Sports Advisory Group, which he is part of. Making plans with parks and not reaching out to the proper groups is wrong. He would like to hear from somebody on this. For the record, it is noted the following correspondence was received after the preparation of the agenda packet and the following general concern is noted. The actual correspondence should be referred to for more detail: Paige H. Gosney, Gresham Savage Nolan & Tilden, representing “Tree Island Wire” located at 12459 Arrow Route expressed their concerns with the street network expansion within the Southeast Industrial Area. With no further comments, Chair Oaxaca closed the public hearing. Jennifer Nakamura responded to some of the comments received during public hearing: Equestrian Overlay – It was not included in the General Plan; however, it does still exist in the Development Code and that is not scheduled for change and does not see that change moving forward. Sports & Recreational Facility – Explained the General Plan is a community-based plan and when we do a community-based plan we want to engage and bring as many people to the table with a variety of different voices. She said we do not necessarily reach out to individuals or specific groups because inevitably one will get left out and it’s an area we want to avoid. We want to make sure everyone across the city knows it through a variety of different channels. Covid did put some additional constrains on it that we were not prepared for but were able to adapt and overcome. She mentioned they did talk to people about open space and with people who represented sports teams did participate in our online engagement. Jennifer Nakamura further stated: however, we want to make sure it’s understood the General Plan talks about overall recreation. The Community Department Services are about to start a Parks Master Plan where we will take a deeper dive into the recreation needs of the community and how those move Page 225 HPC/PC MINUTES – November 10, 2021 Page 4 of 7 Draft forward. As to the goal of converting baseball fields to soccer fields was a comment received through conversation with the community. As the Community Services Department moves forward with the Parks Master Plan there will be additional time for more in-depth conversation and the Sports Advisory Committee will be one of the groups who will be reached out to because they have a specific need and interest in Parks Development and Parks Master Plan. Anne McIntosh mentioned when it came to open space and recreation, a lot of input received was not necessarily targeted to organized sport. It was more passive opportunities for recreation at local neighborhood parks, along pedestrian ways and pathways and electric pacific trails. David Eoff stated the General Plan still identifies a need and priority for trails. It is listed as one of the goals of the open space element to maintain and complete connecting network of diverse trails in connected open space that improves access to all areas of the city. Encourages non-motorized activity and one of those being equestrian trails. It is still identified in the plan. It is an important mode of transportation in addition to walking and vehicles. Nicholas Ghirelli mentioned the overlay is still part of the Zoning Code. The overlay is not being eliminated. Commissioner Morales stated it was a great presentation and great work they did. The fact the city teams worked so diligently and be able to develop this work within 2 years is amazing. Included the community in the process, the engagement was a big plus, made it what it was, and it truly was designed for people first. A lot of us in the community talk about our values and some of those big ones being equity, community, culture, neighborhood amenities and this update implements all that. Especially housing that is affordable. Somebody mentioned our city had certain characteristics in the beginning when we were first incorporated. Now we are dealing with State Housing requirements and State Laws we have to comply with, so this General Plan Update keeps the character of our city in place. Transportation, mobility, parts of it are good to the equity. Environmental justice strategy is for all people to have the opportunity to thrive. This General Plan Update preserves the character and strength of the already established neighborhoods and it does it well and that is what makes a world class city. It also establishes our city as economic and cultural hub of the inland empire. He expressed his support. Commissioner Williams she also commends the staff. It is a little concerning on the comments made from the audience, but she is counting on incorporating all that into the development code. The General Plan is more of a “big picture”, the sense of the soul of the city and staff did a great job in capturing that. We do need to be cautious in the development code to be extremely specific, so it does not get lost. We need to make sure staff has the opportunity to use this as a “bible” to say no. It gives you the opportunity to create fun and great things. She expressed her support and is very proud of staff. Commissioner Guglielmo asked about the Healthy Development Checklist and wanted to know if it became incorporated into the final draft. Anne McIntosh explained the Healthy Checklist will be a tool when we review projects in the future. Commissioner Guglielmo thanked staff for their hard work and dedication over the past two years working on this integrated document and thanked the community who did engage. He knows it is not a perfect system on reaching out to everybody, but he does recall a number of efforts made by the City as mentioned over 1.1 million impressions via online, mail and various workshops outreach and they did a great job. Regarding members of the public who spoke today, he is concerned about comments made on the sports field. He does not know this particular document is the place and time to deal with Page 226 HPC/PC MINUTES – November 10, 2021 Page 5 of 7 Draft some of it. It’s more a micro-level. This document of the General Plan is more of a birds-eye global look overall vision and goals of the city. He believes it is a marketing piece. It is meant to attract investment into our community and world class developers to come and bring their brain power to our city. He said this document does the best to really showcase the strengths, opportunities and mobility of the city and take us into the next decade or two of what our community needs. Touching on some of the main core principals; Health, Equity and Stewardship are key focal points that guide this document, and guide future Planning Commissioners and City Council going forward. He does believe we can become, with proper planning and investment, the place to go in the Inland Empire. This document will help foster that investment we need in the coming decade or two. He believes the equestrian overlay is very important, and he is glad to hear it is not getting removed or diminished. Also, the sports field, he hopes Mr. Fontana will engage in the Parks Masterplan and dive into this some more to help elevate some of the congestion we have with our parks right now in sports. This General Plan will help us in the future, and he expressed his support. Jennifer Camacho-Curtis, Community Affairs Officer, mentioned she just checked her stakeholder list, and Mr. Fontana was included. She requested if he could meet after the meeting to make sure we have his most current contact information. They do want to speak with him due to his expertise and long-standing relationship and volunteering he has with these sports leagues; they definitely want to include him in these conversations. Vice Chair Dopp expressed his thanks to the outreach team on the efforts made during corona virus, he knows it was a challenge. It is on us as citizens to be engaged. If you are connected with social media and connected to City apps, you would have come across this at some point and it’s a good call for citizens to have as an avenue as we continue with technology for outreach and communication with each other. He said when looking at the plan, the overall question he has with regards to this document is, how do we move the City forward, as Commissioner Guglielmo ended on. There are so many people in the area that consider Rancho Cucamonga to be the gold standard for the region. He said a lot of us enjoy living in our city. We get various things out of it; recreation, quality of life, shopping, the options we have to raise our families. Holistically speaking, he is proud to put his name behind this document in terms of the goals it seeks to achieve to move our city into an even better direction and to advance our economic and environmental interests and some of the challenges we are facing as a city and to provide that quality of life for others. He remembers having this conversation about equity and stewardship when we first started off. He said just the importance of maintaining the quality of life and resources we have available at our disposal to create an economic financial situation so we can maintain that standard for the public. He said from an equity standpoint, something he has talked about in the past year, when looking at some of these focal areas and potential in some of the policies, whether it be from an environmental justice standpoint or housing opportunities, we really are putting focus on places that have not had attention as in the past. He said he was impressed with the focal areas in general. Obviously, these focal areas are only recommendations but if these areas look like what the diagrams have and what recommendations are from City Staff, each of these areas will be very unique and bring so much to our community. He said Victoria Garden and the HART plan shows how Rancho Cucamonga can be a Hub for our local area, whether it be from a transportation standpoint or attracting businesses, jobs and great housing opportunities. He expressed Kudos to staff and all the team who had a process in visualizing some of those communities, generically speaking, because the goal, not just from an economic development standpoint, but creating opportunities and placemaking for our city is what some of residents want at some level. Page 227 HPC/PC MINUTES – November 10, 2021 Page 6 of 7 Draft He said there is always going to be an aspect to the city that tradition is always going to play a part in who we are, and we can’t lose that, but we do also have to move forward and that was one of the other really big takeaways. There are pockets of the city that are not going to change, and staff did a good job listening to concerns from people in those areas. Some of the phrases he wrote down was “Keep Rancho, Rancho” for certain parts of it, “maintaining the historical character”, generically speaking. He said he is more than pleased to see some of the standards we put in place. When he looks at the Tool Kit as an avenue, whether it be from a transportation standpoint or giving ideas out there of what we want to see. He knows that housing is a big problem in our region and continues to be. People are not always happy with housing and some of the effects in regards to traffic. One of the things he appreciates is there was an effort and there is some concern that in a place like Rancho that traffic and ultimate modes of transportation is seen as a last-ditch effort, it’s nice to see some feedback from the community in that regard. Lastly, regarding Community Benefit Plan, he knows we had this experience with Bridge Point Project, but he really sees this as a great opportunity for us to continue to form relationships with developers and proposals and making sure we not only maintain standards of high quality for our community but also finding ways for our community to thrive. He expressed his appreciation to staff and team for a job well done. Chair Oaxaca stated one of the aspects of a document of this type what he looks for is it accessible especially to those who it will affect most directly. He said it is something that touches every resident, business owner and operator in the city one way or another at some point. He said this document really does that job of being something that is accessible and understandable, and it illustrates it very well of what we are talking about when we say change and what the future of the city should be. He said as a resident here for over 30 years, he can still say we are able to maintain it somehow and that somehow has a lot to do on how we approached these types of processes from the outreach to the visioning to the actual development of the document that results from it. He will acknowledge the timing for the type of outreach that staff conducted was not the best. Who could have predicted we would have gone through what we did in the past +20 months at the time this was being looked at. He completely acknowledges that significant challenge. Staff is to be commended for thinking out of the box and using technology that is available people use to keep in touch with others to get the word out. Some of the highlights for him that stood out; a place making tool kit for this document that provides something for the development community to use in working in conjunction with staff to make real what it is we are talking about in this General Plan and doing it in a consistent way, otherwise we lose all this work that has been done and lose touch what that future is we want to have for the city. The new way of looking at development from an equity perspective from a fiscal impact perspective. He said the variety of place types that where developed he thought was fantastic. It opens the door to much more opportunity, flexibility, and a move in the direction of form-based approach to development. It really shifts the emphasis on looking at what do we want things to look and feel like accessibility, walkability, transportation rather than getting locked into specific uses based on more traditional zoning. He said he was happy to see how the city is managing the regional housing needs requirements and to see we have an effective path forward for doing that. It’s not an easy requirement to meet and the State is not making it any easier in the future. It was an area of concern to him, but it was nice to see how it was delt with. Finally, for him, this continued confirmation of work that was done previously the focus on our main corridors in our areas of focus in the city; Haven corridor, Foothill corridor. The other focus areas we identified where really reaching in parts of the city that need reaching into. Putting that in the maps and diagrams and making it real was the first step for him of what those areas can become through the General Plan. We all know there are more steps to go. It’s the development code. That is Page 228 HPC/PC MINUTES – November 10, 2021 Page 7 of 7 Draft where it comes to life. He looks forward in seeing the final steps happen successfully. He expressed his thanks to staff for all their great work. Motion by Commissioner, second by Commissioner to adopt the proposed Resolutions 21-71, Recommending the City Council Certify an Environmental Impact Report and Adopt a Statement of overriding considerations and a Mitigation Monitor and Reporting Program for a Proposed General Plan Update Including the 2021-2029 Housing Element, and a Climate Action Plan. Motion carried unanimously, 5-0 vote. E. Director Announcements - None F. Commission Announcements - None G. Adjournment Motion by Commissioner Williams, second by Commissioner Guglielmo to adjourn the meeting, motion carried unanimously, 5-0 vote. Meeting was adjourned at 9:45 p.m. Respectfully submitted, ________________________ Elizabeth Thornhill Executive Assistant, Planning Department Approved: Page 229 Revisions to Planning Commission Public Hearing Draft General Plan (dated November 2021) for City Council Public Hearing Draft General Plan (dated December 2021). Volume Chapter Page Revision 1 Updated Cover 1 1 18-19 Added spread on Value per Acre analysis of General Plan buildout 1 2 30 Updated community engagement numbers 2 1 60 Changed Land Plan Designation for APN: 106117219 from Rural Open Space to General Open Space (change also applied to Figures LC-1, FA-1, OS-2, and V-2) 2 1 61, 64, 70 Updated Suburban Neighborhood – Moderate Non-Residential Intensity to Max 0.3 FAR 2 1 92 Added Policy LC-1.16 as follows: Healthy Development. Ensure that the design and development of our communities supports the health and well-being of our residents. Use the Healthy Development Checklist, or similar assessment tool, to assess the overall health performance and supportiveness of new development projects. 2 1 94 Revised Policy LC-3.2 as follows: Community Benefit. Require a community benefit and economic analysis for large projects that abut existing neighborhoods or for any project at the maximum density, with a focus on resolving physical, economic, long-term fiscal, and aesthetic impacts. 2 1 98 Added Policy LC-5.8 as follows: Equestrian Uses. Continue to protect equestrian uses and to implement the Equestrian Overlay Zone. 2 1 99 Revised Policy LC-7.1 as follows: Gateway & Employment Hub. Establish the Central South Community Planning Area is established as the City’s main “gateway from the I-10 Freeway” and an employment hub of regional significance. Haven Avenue and 4th Street, in particular, is a significant gateway location that is envisioned as a higher intensity urban environment with iconic architecture and a mix of uses that can include luxury or full-service hotel, high rise office building, fine dining restaurant, and/or a public recreation amenity in addition to higher density residential uses. 2 2 123 Added text under Figure FA-6 to prioritize bike and pedestrian activity along segments of Arrow Route through Cucamonga Town Center and residential neighborhoods to contribute to and maintain the character of these areas. 2 2 135 Figure FA-9: Changed legend for Day Creek Channel from Recommended Park to Open Space 2 4 161 Added sentence to paragraph under Arterial Roadway: Portions of Arrow Route through Cucamonga Town Center and residential neighborhoods prioritize pedestrian and bike modes to contribute to and maintain the character of these areas. 2 4 172 Added sentence to last bullet: Except for the one identified east-west road, this General Plan’s circulation network omits any public streets through property owned by Southern California Edison in the Southeast Area, as depicted in Figures M-8 and FA-9. Page 230 Volume Chapter Page Revision 2 4 173 Figure M-8: Changed legend for Day Creek Channel from Recommended Park to Open Space 3 1 230 Added new Resource Conservation Policy as follows: RC-7.15 Utility Preservation. Public and private development within the City, including multi-purpose trails, shall not interfere with safe and reliable transmission, storage, and generation of electricity. With the exception of utility infrastructure and other public improvements that do not interfere with such infrastructure, permanent structures are not allowed within utility corridors. 4 1 273 Added new action item in Table WP-3 as follows: Healthy Development Checklist. Continue to update with current best practices and use the Healthy Development checklist, or similar assessment tool, to assess the overall health performance and supportiveness of new development projects. 4 1 276 Added action item to Table WP-3: Fiscal Impact Analyses. Establish additional procedures and tools to consider the financial benefits and impacts of development at the project approval level based on anticipated full life-cycle costs and value per acre. 4 1 295- 296 Added additional Standards Conditions of Approval under Hazards and Hazardous Materials Section as follows: 5.9-2. With respect to all open space, recreational, or parkland uses, the City will ensure through project design features and conditions of approval that Southern California Edison (SCE)has 24/7 downline access by SCE facilities and operations. 5.9-3. With respect to parkland proposed within utility corridors, anti- climbing sharks teeth style barriers, or their equivalent, shall be installed on all transmission towers. Anti-climbing devices shall conform to the California Public Utilities Commission guidance that is in effect at the time of parkland project implementation. The cost of anti-climbing guards and installation shall be borne by the project proponent. 5.9-4. Any proposed trees within utility corridors should be maintained at a height not to exceed 15 feet. 5.9-5. With the exception of utility infrastructure and other public improvements that do not interfere with such infrastructure, permanent structures are not allowed within utility corridors. 5.9-6. Southern California Edison (SCE)shall be notified in writing of any proposal to locate parkland or recreational uses within a utility corridor. If the use is located on SCE property or if otherwise required by law or the terms of a utility easement, SCE’s written approval of such uses shall be obtained prior to the issuance of any CEQA approval or permit or other ministerial or discretionary City approval. Page 231 STRATEGIC ECONOMICS | 2991 SHATTUCK AVE. BERKELEY, CA 94705 | 510.647.5291 MEMORANDUM To: Jean Ward, General Plan Update Project Manager, City of Rancho Cucamonga From: Derek Braun and Heather Bromfield, Strategic Economics Date: October 29, 2021 Project: City of Rancho Cucamonga General Plan Update Subject: Fiscal Impact Analysis Results and Technical Information This memorandum describes the results of Strategic Economics’ fiscal impact analysis of potential future growth under the buildout program for the City of Rancho Cucamonga’s General Plan 2020, or “PlanRC.” The fiscal impact analysis measured the net revenue impact of projected growth on the City’s largest operating funds—including the General Fund, the Fire Fund, and two fire protection community facilities district funds—by calculating associated increases in revenues and expenditures. The assumptions regarding the amounts and types of new growth were based on the buildout program generated by consultant PlaceWorks in conjunction with other General Plan consultant team members. Strategic Economics worked closely with staff from several City departments throughout development of the fiscal impact analysis. This memo summarizes the fiscal impact analysis results and provides detailed information about the approach, assumptions, and methodology applied in the analysis. Page 232 PlanRC Fiscal Impact Analysis Results October 29, 2021 2 About Fiscal Impact Analysis A fiscal impact analysis measures the impact of new development and associated municipal services on a city’s budget. New residents and businesses create demand for city services (such as public safety) and facilities (such as parks and streets), but also provide increased sales tax, property taxes, other local taxes, and other revenues. The net fiscal impact reflects the revenues minus the costs that growth is expected to generate. This fiscal impact analysis is focused on the ongoing operations and maintenance impacts of new growth in Rancho Cucamonga on the following funds:  The General Fund, which is the primary operating fund for the City  The Fire Protection District operating fund (“Fire Fund”)  The two fire Community Facilities Districts, which are operating funds for fire protection special districts corresponding to geographically defined areas of the City. The analysis does not include projections of one-time capital expenses such as infrastructure or facilities that may be required to accommodate new development. The analysis also excludes impacts on other special districts, enterprise funds and other agencies that are funded independently of these operating funds, such as the library fund, school districts, and landscape maintenance districts. Note that references to the Fire Protection District account for all revenues and expenditures associated with the Fire Fund and the two fire Community Facilities Districts. The analysis presented here is “static,” in that it only projected fiscal impacts for one year upon build- out of the growth program, rather than providing annual projections of revenues and costs as the city grows over time. All revenue and cost projections are presented in 2021 dollars. Fiscal impact analysis requires long-range projections of the future and is therefore best used to understand which components of the buildout program generate revenues and costs, and to understand the relative magnitude of revenues and costs. Fiscal impact analysis uses the best available data to generate assumptions for projecting future revenues and expenses. These revenues and costs are derived from existing and historic conditions. However, build-out will occur over the long term, and conditions may change significantly—for example, the COVID-19 pandemic may have ongoing implications for Rancho Cucamonga’s fiscal outlook—but any long-term revenue, cost, and budget structure impacts are not yet known. Finally, this fiscal impact analysis is not based on a measurement of the market feasibility of the growth scenario, but instead relies on a hypothetical buildout program based on the land use plan. Page 233 PlanRC Fiscal Impact Analysis Results October 29, 2021 3 Land Use and Urban Design Buildout Program The fiscal impact analysis was conducted based on growth under PlanRC’s buildout program, matching the types and quantities of commercial and industrial uses and the total quantity of housing units— but with a variation in the mix of the types of housing units, as explained below. Projected growth of commercial and residential uses is summarized in Figure 1, below. Market and development conditions over time will ultimately determine whether actual growth in Rancho Cucamonga matches this buildout program by 2040. The fiscal impact analysis assumed that 85 percent of new housing units would consist of dwelling units (DUs) in multifamily buildings, with the remainder consisting of single-family homes. This housing mix differed from the program studied in the Draft Environmental Impact Report (DEIR) for the PlanRC general plan update, which assumed a future condition matching today’s housing unit mix in Rancho Cucamonga in which 29 percent of dwelling units consist of DUs in multifamily buildings or buildings other than single-family homes. The fiscal impact analysis’ housing mix incorporated consideration of the fiscal outcomes of a potential long-term shift toward increased production of multifamily housing, per the General Plan’s emphasis on growth within specific focus areas and the city’s limited remaining land to accommodate additional single-family homes. While both the fiscal impact analysis and DEIR analysis incorporated the same total number of housing units, the different assumptions in housing mix applied a relatively conservative approach for each analysis. The fiscal impact analysis’ higher share of multifamily housing avoids overstating property tax and related revenues since DUs in multifamily buildings are associated with lower assessed values than single family homes.1 Meanwhile, the DEIR’s higher share of single-family homes avoids understating environmental impacts of growth since single-family homes are often associated with higher land consumption and automobile trip generation compared to multifamily homes. 1 Inclusion of a higher share of DUs in multifamily buildings does result in a smaller increase in “service population” compared to a scenario with a higher share of single-family homes, since average household sizes are larger in single-family homes. However, the fiscal analysis found that growth in revenues would significantly exceed growth in costs if a higher share of future DUs were assumed to consist of single-family homes. Page 234 PlanRC Fiscal Impact Analysis Results October 29, 2021 4 Figure 1: PlanRC Buildout Program Land Use Number of Square Feet/ Number of Housing Units Residential* Single-Family Homes 3,944 Housing Units in Multifamily Buildings: Market-Rate 17,393 Units in 100% Affordable Projects 4,348 Total Units in Multifamily Buildings 21,741 Total, Residential Units 25,685 Commercial Office (square feet) 1,080,000 Industrial (square feet): Warehouse/Distribution 8,000,000 Manufacturing 3,000,000 Retail (square feet) 2,720,800 Hotel (rooms) 1,179 *The housing unit mix differs from the PlanRC DEIR mix; see explanation in preceding paragraph. Sources: PlaceWorks, 2021; Strategic Economics, 2021. Page 235 PlanRC Fiscal Impact Analysis Results October 29, 2021 5 Summary of Results  The PlanRC buildout program is projected to generate a significantly positive net fiscal impact, generating about $25.2 million net annual revenue at full build-out. This net revenue is the total for all operating funds considered in this analysis. The General Fund accounts for $13.9 million of this projected revenue, while the Fire Protection District accounts for $11.3 million. Note that the Fire Protection District revenues include those from both the Fire Fund and the two fire Community Facilities Districts.  Property tax and “Property Tax In-Lieu of Vehicle License Fee” (VLF) constitute the largest sources of revenue associated with the buildout program. Property tax accounts for $23.9 million of projected revenue, nearly 80 percent of which will accrue to the Fire Protection District. Property Tax In-Lieu of VLF accounts for $13.5 million in revenue, all of which accrues to the General Fund. Together, property tax and Property Tax In-Lieu of VLF account for 65 percent of total revenue for the operating funds considered in this analysis.  The largest projected expenditures attributable to serving growth in the buildout program are associated with the Sheriff’s Department contract ($13.5 million) and the Fire Protection District ($10.4 million). These two departments are projected to account for 75 percent of all new City expenditures associated with serving growth under the General Plan buildout program.  The fiscal impact analysis found that growth in the buildout program will generate high net positive revenues relative to total revenue associated with growth. The analysis found that the cost of providing services for new growth in the buildout program will be significantly lower than the additional revenue generated by growth. Net revenue as a percent of total new revenue was projected at 39 percent for the General Fund and 52 percent for the Fire Protection District. The analysis found that the buildout plan results in a high net positive fiscal impact because new residential and commercial property will generate a significant amount of property tax revenue and related tax revenue, while staff from City departments determined that few significant new recurring expenditures will be needed in order to serve anticipated growth in the City’s residential and employee populations. Page 236 PlanRC Fiscal Impact Analysis Results October 29, 2021 6 FIGURE 2: PROJECTED ANNUAL GENERAL FUND IMPACT OF THE PLANRC BUILDOUT PROGRAM, IN 2021 DOLLARS Revenue or Expense Item General Fund Fire Protection District Total Revenue Property Tax $4,989,000 $18,872,000 $23,861,000 Property Transfer Tax $691,000 -- $691,000 Sales Tax (including Prop 172 1/2 cent sales tax) $6,689,000 -- $6,689,000 Property Tax In Lieu of VLF $13,471,000 -- $13,471,000 Transient Occupancy Tax $4,422,000 -- $4,422,000 Other Recurring Revenues $5,220,000 $119,000 $5,338,000 CFD 85-1 -- $2,201,000 $2,201,000 CFD 88-1 -- $477,000 $477,000 Total Revenues $35,482,000 $21,669,000 $57,150,000 Expenditures Sheriff's Department $13,499,000 -- $13,499,000 Fire Department -- $10,373,000 $10,373,000 Public Works $3,670,000 -- $3,670,000 Other Recurring Expenditures $4,384,000 -- $4,384,000 Total Expenditures $21,554,000 $10,373,000 $31,927,000 Net Revenue $13,928,000 $11,296,000 $25,223,000 Net Revenue as % of Total Revenue 39% 52% 44% Note: Columns may not sum due to rounding. Source: Strategic Economics, 2021. Page 237 PlanRC Fiscal Impact Analysis Results October 29, 2021 7 Definitions, Assumptions, Data Sources, and Methodology This section describes the methodology used to conduct the fiscal impact analysis of the PlanRC buildout program. The fiscal impact model used for this analysis was “static” and measured fiscal impacts at build-out, rather than a dynamic model that shows revenues and costs for every year. The following definitions apply in this memo and are shared across the many technical documents developed to describe and analyze growth in PlanRC:  Planning Period: This is the 20-year period for the General Plan Update that spans from 2020 through 2040.  Buildout: The citywide projected land use development scenario for the planning period.  Estimate: When applied to descriptive data regarding an existing condition, “estimate” refers to a current figure, usually derived from a city, state, or regional source.  Projection: A calculation of a future condition, typically starting with an estimate and applying a growth factor or other customized analysis.  Population: The City will use the 2040 projection of 233,088 as the planning period population for this planning effort. The figure is based on the land use scenario that is comprised of focus areas and citywide incremental growth used in the traffic analysis and subsequent reports.  Density. While individual projects will have a range of densities, for calculations single family residential is assumed to average a density of 6 units per acre and other housing an average 12 units per acre. BASE ASSUMPTIONS BUDGET YEAR The analysis was based on Rancho Cucamonga’s audited budget actuals for the 2018-2019 Fiscal Year, shown in Figure 4 on the following page. At the time that this analysis was conducted, this budget year was the most recent fiscal year for which budget actuals were available. Budget data was supplemented by data collected from City departments regarding the service costs related to new development. EXISTING SERVICE POPULATION To calculate certain costs and revenues on a per capita basis, an existing service population – or “daytime population” of residents and workers – must be established. The service population refers to an equivalent population, incorporating residents and employees, for which a city provides services. Rancho Cucamonga had an estimated population of 175,201 residents and 80,637 workers according to the California Department of Finance (January 1, 2019) and an analysis conducted by Stanley Hoffman (2019), respectively. Each worker was counted as producing one-third of the impacts of a resident for analytical purposes, since workers are assumed to consume fewer services compared to residents (parks, recreation, etc.). Workers who also live in Rancho Cucamonga were excluded from the calculation of the existing worker population to avoid double counting these individuals’ impact on service needs and revenue generation. The current service population is shown in Figure 3. Page 238 PlanRC Fiscal Impact Analysis Results October 29, 2021 8 FIGURE 3: SERVICE POPULATION IN RANCHO CUCAMONGA, 2019 Population Type Number Residents 175,201 Employees 80,637 Share of Employees Who Also Live in Rancho Cucamonga 13.4% Total Employees, Excl. Rancho Cucamonga Residents 69,832 Employee Factor 0.33 Total Service Population 198,246 Sources: California Department of Finance, 2019; Strategic Economics, 2020. FIGURE 4: RANCHO CUCAMONGA OPERATING FUNDS BUDGETS, FY 2018-2019 AUDITED ACTUAL VALUES General Fund Fire Fund CFD 85-1 CFD 88-1 Total, All Operating Funds Revenues Property Tax $8,346,906 $25,667,880 -- -- $34,014,786 Parcel Tax -- -- $6,018,990 $1,250,595 $7,269,585 Property Transfer Tax $1,201,287 -- -- -- $1,201,287 Property Tax In-Lieu of VLF $19,347,973 -- -- -- $19,347,973 Sales Tax $32,803,372 -- -- -- $32,803,372 Transient Occupancy Tax $4,054,058 -- -- -- $4,054,058 Franchise Fees $6,657,152 -- -- -- $6,657,152 Licenses and Permits $4,663,050 -- -- -- $4,663,050 Fines and Forfeitures $1,472,772 -- -- -- $1,472,772 Use of Money and Property $1,154,293 -- -- -- $1,154,293 Charges for Services $4,725,687 -- -- -- $4,725,687 Intergovernmental $208,153 -- -- -- $208,153 Other $3,833,551 $3,266,193 $60,065 $1,188,383 $8,348,192 Transfers In $1,758,800 -- $1,758,800 Total, All Revenues $90,227,053 $28,934,073 $6,079,056 $2,438,978 $127,679,160 Expenditures (by Category for General Fund Only) Admin Services $7,616,436 -- -- -- -- Animal Care and Services $3,254,794 -- -- -- -- Building & Safety $1,750,622 -- -- -- -- Community Services Admin $4,743,342 -- -- -- -- Economic and Community Development $692,945 -- -- -- -- Engineering $2,328,722 -- -- -- -- Finance $1,713,622 -- -- -- -- Governance $2,422,447 -- -- -- -- Human Resources $992,126 -- -- -- -- Innovation & Tech $4,954,156 -- -- -- -- Planning $2,799,602 -- -- -- -- Police Department $39,324,233 -- -- -- -- Public Works $10,090,222 -- -- -- -- Records Management $432,923 -- -- -- -- Total, All Expenditures $83,116,192 $24,345,443 $6,052,766 $2,439,447 $115,953,848 Note: Library services were excluded from the analysis since the Library Fund receives separate and independent funding. Sources: Rancho Cucamonga Finance Department, 2021; Strategic Economics, 2021. Page 239 PlanRC Fiscal Impact Analysis Results October 29, 2021 9 RESIDENTIAL AND EMPLOYEE DENSITY BY BUILDING TYPE Figure 5 shows the assumptions for the number of residents per household and square feet per employee which were used to calculate the number of new residents and workers associated with growth in the buildout program. Resident and worker density figures were developed by consulting firm PlaceWorks and reflect typical densities for buildings in the area. FIGURE 5: SERVICE POPULATION ASSUMPTIONS Land Use Per Value Residential Household Size, Single-Family Homes Unit 3.026 Household Size, Multifamily Buildings Unit 2.47 Commercial Office Square Foot 255 Industrial Warehouse Square Foot 1,484 Manufacturing Square Foot 1,484 Retail/Restaurant Square foot 400 Hotel Room 1 Sources: PlaceWorks, 2021; US Green Building Council LEED BC+C: New Construction Appendix 2, Table 1; Vallen and Vallen, "Chapter 1: The Traditional Hotel Industry," Check-In, Check-Out, 2012"; Strategic Economics, 2021. SERVICE POPULATION FOR BUILDOUT PROGRAM Figure 6 shows the projected service populations associated with each land use, derived from the buildout program shown in Figure 1, the employee factor shown in Figure 3, and the employee/household density assumptions shown in Figure 5. Because the analysis only examined costs and revenues associated with growth, the change in employees was not studied for land uses for which the buildout program anticipates a net loss of square feet. FIGURE 6: PROJECTED INCREASE IN ADDITIONAL EMPLOYEES, RESIDENTS, AND SERVICE POPULATION BY LAND USE Land Use Number of Employees/Residents Residential Single-Family Homes 11,935 Multifamily Housing Units 53,700 New Residents 65,635 Commercial Office 4,235 Industrial Warehouse/Distribution 5,391 Manufacturing 2,022 Retail 6,802 Hotel 1,179 New Employees 19,629 Total Service Population 72,113 Source: Strategic Economics, 2021. Page 240 PlanRC Fiscal Impact Analysis Results October 29, 2021 10 LAND USE ASSUMPTIONS PROPERTY OCCUPANCY, TURNOVER, AND ASSESSED VALUE ASSUMPTIONS Figure 7 shows land use assumptions, including holding period (sales turnover), vacancy rates, and occupancy rates, each of which is explained below. These figures were multiplied by the estimated property value per housing unit or square foot of anticipated new development. Holding period: A holding period is the length of time between changes in ownership of property. The holding period is used to calculate property transfer taxes. Strategic Economics assumed a 15-year period for commercial and residential multifamily properties, and a 7-year period for single-family homes, based on experience and industry standards. Vacancy: Occupancy and vacancy rates were used to determine the actual revenues and costs generated by properties, given that buildings are not usually fully occupied. Unoccupied spaces would not generate workers or residents, nor, on the revenue side, retail sales or transient occupancy tax (where applicable). The analysis applied long-term vacancy rates typically assumed by developers. Single-family homes: The value of single-family homes was estimated based on a review of sales prices per square foot and typical sizes of new single family detached homes in Rancho Cucamonga using data from the real estate brokerage firm Redfin. To best approximate the sales price of new homes, sales prices were analyzed for homes built 2015 or later in Rancho Cucamonga, with transaction dates from 2018 through 2020. During this period, average sales prices per square foot were $277, and the average size of homes sold was 3,027 square feet. The fiscal impact analysis incorporated an assumed value of $825,000 for new single-family homes, based on an assumed size of 3,000 square feet and assumed sales price of $275 per square foot. Multifamily values per home: Values for market rate multifamily housing units were developed using a capitalized value approach based on likely achievable rents. Strategic Economics estimated the capitalized value using multifamily apartment rents per square foot and average unit sizes based on comparable properties in Rancho Cucamonga according to data from real estate data firm CoStar. Capitalization rates as of the second half of 2019 were reported by CBRE. Below market rate units were presumed to be included in 100 percent affordable housing developments, which are not subject to property taxes. For this reason, their valuations were not calculated. Office: The value of office space was calculated using a capitalized value approach, which involves gathering information on average annual warehouse and manufacturing rents for properties in the market area, subtracting out expected losses due to vacancies and other expenses, and multiplying by the capitalization rate for the given market and property type. Industrial rents per square foot as of 2021 were reported by CoStar, and capitalization rates as of 2019 were reported by commercial real estate brokerage firm CBRE. Industrial: The value of industrial space, including both warehouse and manufacturing, was also calculated using a capitalized value approach. Industrial rents per square foot as of 2021 were reported by CoStar, and capitalization rates as of 2019 and 2020 (for manufacturing and warehouse, respectively) were reported by commercial real estate brokerage firm CBRE. Retail/Service value: Similar to the office and industrial valuations, the value of retail space was calculated using a capitalized value approach. Retail rents per square foot as of 2020 within the submarket were estimated based on data from CoStar. Page 241 PlanRC Fiscal Impact Analysis Results October 29, 2021 11 Hotel value: The value of hotels was calculated using a capitalized value approach. Hotel revenue was calculated using reported gross daily room rates for the Rancho Cucamonga submarket. Additional hotel income, occupancy rate, and operating expense assumptions were derived from industry standard assumptions. Capitalization rates as of the second half of 2019 were based on CBRE data. FIGURE 7: KEY LAND USE ASSUMPTIONS Land Use Value Per: Holding Period (years) Vacancy Rate Occupancy Rate Turnover Rate Per Year Residential Single-Family Homes $825,000 Dwelling Unit 7 5% 95% 14% Multifamily Housing $465,537 Dwelling Unit 15 5% 95% 7% Commercial Office $260 Sq Ft 15 5% 95% 7% Industrial Warehouse/Distribution $203 Sq Ft 15 5% 95% 7% Manufacturing $182 Sq Ft 15 5% 95% 7% Retail $408 Sq Ft 15 5% 95% 7% Hotel $182,029 Room 15 5% 95% 7% Source: Strategic Economics, 2021. Estimating Revenues This section summarizes assumptions for property tax, property tax in-lieu of vehicle license fees, sales tax, and transient-occupancy tax. PROPERTY TAX, PROPERTY TRANSFER TAX, AND PROPERTY TAX IN-LIEU OF VEHICLE LICENSE FEES (VLF) Annual property tax revenue: Per California’s Proposition 13, the base property tax rate in Rancho Cucamonga is one percent of assessed property value. The apportionment of the one percent revenue varies by jurisdiction and by tax rate areas in each jurisdiction; for the purposes of this analysis, Strategic Economics examined the overall share of Rancho Cucamonga’s one percent that is received on average citywide. Rancho Cucamonga’s General Fund receives 3.30 percent of the one percent tax revenue after accounting for the contribution to the Library Fund, per data provided by the City’s Finance Department. The City’s Fire District receives an additional 12.48 percent of the one percent. The property tax rate was applied to estimated assessed values of new growth in the buildout program to determine property tax revenue. About three quarters of projected property tax revenue will come from residential development, as shown in Figure 8. Note that housing projects which are 100% affordable are not subject to property tax levies, and the projected revenues below therefore reflect only those of market-rate residential properties. Page 242 PlanRC Fiscal Impact Analysis Results October 29, 2021 12 FIGURE 8: PROPERTY TAX REVENUE, IN 2021 DOLLARS Land Use General Fund Fire Protection District Total Property Tax Revenue Residential Single-family homes $1,073,434 $4,060,742 $5,134,176 Multifamily housing $2,671,210 $10,105,043 $12,776,252 Subtotal, Residential $3,744,644 $14,165,785 $17,910,428 Commercial Office $92,636 $350,438 $443,075 Industrial Warehouse/Distribution $534,441 $2,021,760 $2,556,201 Manufacturing $180,022 $681,014 $861,036 Retail $366,219 $1,385,388 $1,751,607 Hotel $70,801 $267,836 $338,637 Subtotal, Commercial $1,244,119 $4,706,436 $5,950,555 Total $4,988,763 $18,872,221 $23,860,984 Source: Strategic Economics, 2021. Property Transfer Tax: As a General Law city, Rancho Cucamonga receives $.55 per $1,000 of the assessed value of properties sold in the city. Annual property transfer tax revenue was calculated by multiplying the assessed value by the average turnover rate (to project the value of property sold annually), and then by a generalized rate of 0.055 percent (Figure 9). Page 243 PlanRC Fiscal Impact Analysis Results October 29, 2021 13 FIGURE 9: PROPERTY TRANSFER TAX, IN 2021 DOLLARS Land Use Revenue Residential Single-family homes $255,656 Multifamily housing $296,890 Subtotal, Residential $552,545 Commercial Office $10,296 Industrial Warehouse/Distribution $59,400 Manufacturing $20,008 Retail $40,703 Hotel $7,869 Subtotal, Commercial $138,277 Total $690,822 Source: Strategic Economics, 2021. Property Tax In-Lieu of Vehicle License Fees (VLF): Since 2004, the State of California has swapped city and county vehicle license fee revenues for additional property tax revenues. The property tax payment provided in-lieu of the VLF grows proportionally to a city’s assessed value. Figure 10 shows the calculation of property tax in-lieu of VLF revenue per dollar of assessed value, based on Rancho Cucamonga’s total estimated assessed value in FY 2004-2005 and the final revised in-lieu payment from the State for the same fiscal year, and Figure 11 shows the projected property tax in-lieu of VLF that is anticipated for each land use in the buildout program. FIGURE 10: PROPERTY TAX IN-LIEU OF VLF ASSUMPTIONS Total Estimated Citywide Assessed Value (FY 2004-05) $12,541,601,225 Citywide VLF Property Tax In-lieu Revenue (FY 2004-05) $9,209,981 VLF Property Tax In-lieu Per $1,000 Assessed Value $0.734354 Source: Strategic Economics, 2021. Page 244 PlanRC Fiscal Impact Analysis Results October 29, 2021 14 FIGURE 11: PROPERTY TAX IN-LIEU OF VLF BY LAND USE, IN 2021 DOLLARS Land Use Value Residential Single-family homes $2,389,443 Multifamily housing $5,946,060 Subtotal, Residential $8,335,503 Commercial Office $382,377 Industrial Warehouse/Distribution $2,206,019 Manufacturing $743,080 Retail $1,511,649 Hotel $292,246 Subtotal, Commercial $5,135,371 Total $13,470,874 Source: Strategic Economics, 2021. SALES TAX Anticipated sales tax revenues reflect the revenues generated by taxable purchases that new residents and workers will make at brick-and-mortar retail stores in Rancho Cucamonga, as well as sales from by consumers from outside of the City who will make purchases within Rancho Cucamonga.2 To project these revenues, Strategic Economics calculated the taxable sales per square foot of retail building area in 2019 using data from the California Department of Tax and Fee Administration and from real estate analytics firm CoStar, shown in Figure 12. The taxable sales per square foot value was then multiplied by the number of new retail square feet in the buildout program. Strategic Economics examined potential resident and worker spending and determined that the chosen approach accounts for sales potentially generated and captured from resident spending, worker spending, and shoppers from outside Rancho Cucamonga. Revenue from Proposition 172, the San Bernardino County half cent sales tax, was projected using the ratio of Proposition 172 revenue to general citywide sales tax collected in FY2018-2019, which was $19.10 per $1,000 of general sales tax. This value was then multiplied by the new projected sales tax revenue (Figure 13). 2 In addition to the sales tax revenue from retail sales, there may be additional business-to-business sales tax revenues from companies that purchase office equipment, business services, and other taxable goods and services. These revenues were excluded from this analysis because of the variability in the types of businesses may eventually occupy new commercial space, which may or may not generate taxable sales. Page 245 PlanRC Fiscal Impact Analysis Results October 29, 2021 15 FIGURE 12: SALES TAX REVENUE INPUTS AND DERIVED ASSUMPTIONS Value Total Citywide Retail and Food Services, 2019 $2,035,711,144 Rentable Building Area (RBA) of Retail in Rancho Cucamonga, 2019 8,438,552 Taxable Sales per Square Foot of RBA $241 Prop 172 Revenue Factor (per $1,000 of sales tax generated) $19.10 Source: Strategic Economics, 2021. FIGURE 13: SALES TAX CALCULATIONS AND PROJECTED REVENUES, IN 2021 DOLLARS Value Taxable Sales per Square Foot of Retail RBA $241 New Retail Square Feet 2,720,800 Total new taxable sales: retail $656,364,135 Sales Tax Revenue $6,563,641 Prop 172 Sales Tax Revenue $125,361 Total Sales Tax Revenue $6,689,002 Source: Strategic Economics, 2021. TRANSIENT OCCUPANCY TAX The Rancho Cucamonga buildout program included hotels which will collectively add 1,179 new hotel rooms to the City. Strategic Economics applied an average hotel occupancy rate and average daily rate per room based on a review of data for hotels in the market area, and the City’s scheduled transient occupancy tax rate of 10 percent. The projected transient occupancy tax revenue was calculated to be $4.4 million, as shown in Figure 14. FIGURE 14: TRANSIENT OCCUPANCY TAX ASSUMPTIONS AND REVENUE Value or Factor Number of Rooms 1,179 Average Rate per Room $137 Average Occupancy Rate 75% TOT Rate 10% Daily Availability 365 Total TOT Revenue $4,421,692 Source: Strategic Economics, 2021. FIRE COMMUNITY FACILITIES DISTRICT REVENUES Rancho Cucamonga has two Community Facilities Districts (CFDs) for fire protection, CFD 85-1 and CFD 88-1, which correspond to defined geographic areas within the City. CFD revenues are generated by parcel taxes that are assessed by land use and contribute funding to the City’s Fire Protection District. To estimate future revenues, Strategic Economics tabulated the approximate number of units Page 246 PlanRC Fiscal Impact Analysis Results October 29, 2021 16 and building square feet that are anticipated in each of the CFDs’ geographic boundaries according to data provided by Rancho Cucamonga City staff. Most citywide residential and commercial growth was projected to occur in CFD 85-1, as shown in Figure 15. Based on fee schedules for FY 2018-2019 for each of the CFDs provided by the City’s Finance Department, the projected revenues for CFD 85-1 were approximately $2.2 million and for CFD 88-1 were approximately $477,000 shown in Figure 16 and Figure 17. FIGURE 15: BUILDOUT PROGRAM BY COMMUNITY FACILITY DISTRICT Land Use New Units (Residential) or Square Feet (Commercial) CFD 85-1 CFD 88-1 Other Areas Citywide Total Single-Family 99 3,366 479 3,944 Multifamily 18,805 763 2,173 21,741 Office 945,089 0 134,911 1,080,000 Industrial 10,051,173 0 948,827 11,000,000 Retail 1,778,046 526,289 416,465 2,720,800 Hotel 958 71 150 1,179 Sources: City of Rancho Cucamonga, 2021; Strategic Economics, 2021. Page 247 PlanRC Fiscal Impact Analysis Results October 29, 2021 17 FIGURE 16: PROJECTED REVENUES FOR COMMUNITY FACILITIES DISTRICT 85-1, IN 2021 DOLLARS Property Type Fee per unit or per sq ft [1] Fee per acre (commercial and industrial only) Presumed number of units per multifamily property category (residential only) [2] Share of total multifamily projects [3] Number of total units or square feet Number of Properties Total acres (commercial and industrial only) [4] Annual Fees [5] Residential Single Family & Condos $144.12 -- -- -- 99 $14,268 Multifamily 5-14 DU 7 15% 2,893 413 $220,388 15-30 DU 0 0% 0 0 $0 31-80 DU 70 23% 4,340 62 $230,067 81-UP DU 200 62% 11,572 58 $594,154 Commercial Properties Retail $0.08 $144.12 1,778,046 6 $139,553 Hotel [6] $0.08 $144.12 385,880 7 $31,094 Industrial $0.10 $144.12 10,051,173 115 $971,489 Total Fees $2,201,013 [1] Note that fees are levied on either a land area or on building square feet based on which is larger. A review of recently completed comparable projects determined that the square foot approach typically generates greater revenues. See CFD 85-1 fee schedule, FY 2018-2019. [2] Reflects the average number of units in recently completed projects (2010 onward) in Rancho Cucamonga and Ontario. [3] Assumptions developed based on a review of recently completed (2010 onward) multifamily projects in Rancho Cucamonga and Ontario. [4] Acreage assumptions developed by calculating FAR of recently built comparable projects for each land use. [5] For calculation methodology, See CFD 85-1 fee schedule, FY 2018-2019. [6] The 958 hotel rooms projected in the buildout program were assumed to correspond to approximately 8 hotel projects, based on a review of the size of recently built hotel properties in Rancho Cucamonga and Ontario. The calculated square footage of hotel development is calculated as eight times the size of the RBA of a representative hotel property in Rancho Cucamonga. Sources: City of Rancho Cucamonga, 2021; Strategic Economics, 2021. &nbsp;&nbsp;Page 248 PlanRC Fiscal Impact Analysis Results October 29, 2021 18 FIGURE 17: PROJECTED REVENUES FOR COMMUNITY FACILITIES DISTRICT 88-1, IN 2021 DOLLARS Land Use/Residential Size Category Residential Floor Area (in square feet) Special Tax per unit or per Sq Ft Projected Number of Units or Sq Ft [1] Total Annual Revenue Residential Residential Class 1 > 3,590 $144.12 2,020 $291,065 Residential Class 2 3,077-3,589 $110.86 337 $37,315 Residential Class 3 2,564-3,076 $88.69 0 $0 Residential Class 4 2,308-2,563 $77.60 337 $26,120 Residential Class 5 2,051-2,307 $66.52 673 $44,781 Residential Class 6 1,795-2,050 $60.97 0 $0 Residential Class 7 < 1,759 $55.43 763 $42,293 Commercial Retail -- $0.06 526,289 $32,104 Hotel -- $0.06 48,235 $2,942 Total Revenue $476,621 [1] Assumptions for residential class size were developed based on a review of recently constructed (2005 onward) homes in or near the CFD 88-1 boundaries. For the hotel land use, the 71 units in the buildout program were assumed to correspond to one hotel property based on a review of recently constructed hotel properties in Rancho Cucamonga and Ontario. The analysis assumes building square feet for a single property to be equivalent to that of a hotel built in Rancho Cucamonga in 2021. Sources: City of Rancho Cucamonga, 2021; Strategic Economics, 2021. OTHER RECURRING REVENUES Calculating other revenue per capita: Strategic Economics consulted with the Rancho Cucamonga Finance Department to determine which remaining General Fund and Fire Fund revenue categories vary with service population growth, which are shown in Figure 18. The “percent variable” values reflect the degree to which revenues are anticipated to vary in relationship to the new residents and employees being added to the area. Revenue sources which do not change as a function of the number of the service population in a jurisdiction, such as “Use of Money and Property,” were assigned percent variable values of zero. While revenue sources that vary partially as a function of the service population in a jurisdiction were assigned values between 0 and 100 percent, those which are completely dependent on population change were assigned values of 100 percent. For all the revenue sources that vary on a per capita basis, Strategic Economics applied a service population factor of either 1.00 or .33 to reflect the respective service demand for new residents and employees. The value of the variable revenues was multiplied by the respective service population factor, and then divided by the current total current service population in order to generate an estimate of the current total revenues per capita for each service population type by expense category. Finally, these per capita factors were multiplied by the new service populations to arrive at additional revenues associated with residential and worker growth. The results of these projections are shown in Figure 19. Page 249 PlanRC Fiscal Impact Analysis Results October 29, 2021 19 FIGURE 18: OTHER RECURRING REVENUE PER CAPITA ASSUMPTIONS, 2021 DOLLARS Revenue (2018-19 Audited) Variable Revenues Service Pop. Factors Revenue Per Capita % Variable Resident Employee Resident Employee General Fund Revenues Franchise Fees $6,657,152 100% $6,657,152 1.00 0.33 $33.58 $11.08 Licenses and Permits $4,663,050 25% $1,165,763 1.00 0.33 $5.88 $1.94 Fines and Forfeitures $1,472,772 100% $1,472,772 1.00 0.33 $7.43 $2.45 Use of Money and Property $1,154,293 0% $0 1.00 0.33 $0.00 $0.00 Charges for Services $4,725,687 65% $3,071,696 1.00 0.33 $15.49 $5.11 Intergovernmental $208,153 0% $0 1.00 0.33 $0.00 $0.00 Other $3,833,551 15% $575,033 1.00 0.33 $2.90 $0.96 Transfers In $1,758,800 80% $1,407,040 1.00 0.33 $7.10 $2.34 Total General Fund Revenues $72.38 $23.89 Fire Protection District Other Revenues $3,266,193 10% $326,619 1.00 0.33 $1.65 $0.54 Sources: City of Rancho Cucamonga FY18-19 Audited Budget Actuals; Strategic Economics, 2021. FIGURE 19: OTHER RECURRING REVENUES, IN 2021 DOLLARS New Residents/ Employees New Residents 65,635 New Employees 19,629 Increase in Net General Fund Revenues $5,219,688 Increase in Net Fire Protection District Revenues $118,809 Sources: Strategic Economics, 2021. &nbsp;&nbsp;Page 250 PlanRC Fiscal Impact Analysis Results October 29, 2021 20 Expenditure Projections A “case study” approach was used to calculate several of Rancho Cucamonga’s most significant departmental operating fund expenditure items that will be impacted by new growth, including the Fire Protection District, Sheriff’s Department contract, and Public Works.3 Strategic Economics consulted closely with staff in these departments to determine preferred approaches and assumptions for estimating the annual service impact of the growth in Rancho Cucamonga, including approval of the final approaches, methodologies, and assumptions. Growth of other expenses, which individually comprise relatively small shares of the General Fund and are more likely to increase incrementally with population growth, were projected on a per capita basis. Note that funding for recurring costs for many city departments in Rancho Cucamonga is commonly generated via special districts which assess taxes on new development, meaning that new residential and commercial development has a relatively limited impact on the City’s General Fund compared to many other jurisdictions in California. FIRE DISTRICT AND FIRE COMMUNITY FACILITIES DISTRICTS In consultation with the Rancho Cucamonga Fire Protection District staff, Strategic Economics developed cost projections of increased fire protection needs while maintaining current service levels. Based on historical data on calls for service by land use (Figure 20), projections were developed for the total number of new calls associated with new growth within each CFD and overall. The total cost of each call for service was calculated using the total departmental budget for FY 2018-2019 divided by the total number of calls. This cost per call figure was then multiplied by the projected new number of service calls associated with the buildout program. For the purposes of this analysis, all expenditures for the Fire District and Community Facilities District were calculated together. However, the share of service calls anticipated within the geographic boundaries of the CFDs are provided for reference in Figure 21. The total projected service expenditure is $10.7 million (Figure 22). FIGURE 20: FIRE PROTECTION DISTRICT CALLS FOR SERVICE ASSUMPTIONS BY LAND USE Land Use Per Calls per year per 1,000 building square feet or per unit/room Number of Building Square Feet or Units/Rooms CFD 85-1 CFD 88-1 Outside CFDs New Units/Square Feet, Total Single-Family Unit 0.175433 99 3,366 479 3,944 Multifamily Unit 0.15526 18,805 763 2,173 21,741 Office Square feet 0.145707 945,089 0 134,911 1,080,000 Industrial Square feet 0.037187 10,051,173 0 948,827 11,000,000 Retail Square feet 0.142894 1,778,046 526,289 416,465 2,720,800 Hotel Units 0.0732999 958 71 150 1,179 Note: Number of calls for service on roadways and in recreation/open space facilities excluded from analysis. Source: Stanley Hoffman Associates, 2019; City of Rancho Cucamonga, 2021; Strategic Economics, 2021. 3 All other departmental expenditures were assumed to increase in direct proportion to the service population and were calculated on a per capita basis rather than using a case study approach. The expense estimates for these departments are shown in the final section. Page 251 PlanRC Fiscal Impact Analysis Results October 29, 2021 21 FIGURE 21: PROJECTED FIRE PROTECTION CALLS FOR SERVICE BY LAND USE AND CFD Land Use CFD 85-1 CFD 88-1 Outside CFDs Total, Citywide Single-Family 17 591 84 692 Multifamily 2,920 118 337 3,376 Office 138 0 20 157 Industrial 374 0 35 409 Retail 254 75 60 389 Hotel 70 5 11 86 Total 3,773 789 547 5,109 Share 74% 15% 11% Source: Strategic Economics, 2021. FIGURE 22: ESTIMATED TOTAL FIRE PROTECTION DISTRICT EXPENDITURES, IN 2021 DOLLARS Expenditures Number Fire District Expenditures, 2018-2019 $32,837,656 Total Fire Calls for Service, 2018-2019 16,174 Cost per call for Service $2,030 New Calls for Service 5,109 Total Cost, New Calls for Service $10,372,757 Sources: Rancho Cucamonga Fire Protection District, 2021; Strategic Economics, 2021. SHERIFF’S DEPARTMENT Policing services in Rancho Cucamonga are provided on a contract basis via the San Bernardino County Sheriff’s Department. Based on input from the City of Rancho Cucamonga Finance Department, costs were projected under the assumption that that staffing levels relative to the service population in Rancho Cucamonga would be maintained at their present-day level. Based on input from the Sheriff’s Department, future expenditures were projected by calculating an average cost per call for service using data from FY 2018-2019. This cost per call for service was calculated by identifying budget line items in the Sheriff Department contract that are anticipated to increase as a function of calls for services and assigning them appropriate percent variable values, shown in Figure 23. The total value of variable expenses was then divided by the total number of calls for service in 2019. Projected expenditures were calculated by multiplying the anticipated number of new calls for service associated with the new residential and employee population by the cost per call for service value, shown in Figure 24. Page 252 PlanRC Fiscal Impact Analysis Results October 29, 2021 22 FIGURE 23: SHERIFF’S DEPARTMENT EXPENDITURES FY2018-19 AND VARIABLE COST ASSUMPTIONS Budget Category Expenditures Percent variable Variable cost Sheriff's Department Contract (Personnel) $36,450,968 100% $36,450,968 Vehicle Maintenance Costs $550,565 100% $550,565 Vehicle Operations and Maintenance $199,707 Vehicle Collision Repair $46,036 Gasoline $304,822 Equipment, Training, and Travel $108,518 100% $108,518 Travel and Meetings $21,617 Training $39,060 Office Supplies and Equipment $46,460 Membership Dues $1,380 Facilities Operations and Maintenance $154,542 0% $0 Other $2,056,602 0% $0 Total $39,321,195 $37,110,051 Source: City of Rancho Cucamonga, 2021; Strategic Economics, 2021. FIGURE 24: PROJECTED SHERIFF’S DEPARTMENT EXPENDITURES, IN 2021 DOLLARS Projected New Expenditures Calls for service, 2019 155,929 Service population, 2019 198,246 Residents 175,201 Employees 69,832 Employee service factor 0.33 Calls per resident 0.79 Call per employee 0.26 Estimated Variable Cost $37,110,051 Cost per Call for Service $237.99 New Resident Population 65,635 New Employee Population 19,629 New Projected Calls for Service, Residents 51,625 New Projected Calls for Service, Employees 5,095 Total New Calls for Service 56,720 New Projected Sheriff's Contract Expenses $13,498,972 Source: City of Rancho Cucamonga, 2021; Strategic Economics, 2021. Page 253 PlanRC Fiscal Impact Analysis Results October 29, 2021 23 PUBLIC WORKS The Public Works department maintains the City’s open space, street landscapes, traffic signals, street markings on City rights-of-way, and certain City public facilities. The budgetary impacts associated with new growth include removing additional debris on streets, more frequent maintenance of street markings due to additional traffic on City roadways, and may include the maintenance of new needed public facilities. New street landscaping and parks are generally paid for via existing or new community facilities districts and were therefore excluded from this analysis. The Public Works department reported that commercial buildings, industrial buildings, and denser, infill multifamily buildings—where most new units will be added according to the buildout program— tend to have a low budgetary impact because property owners assume the responsibility of maintaining landscaping. Department staff noted that the General Fund may need to bear greater costs for street maintenance over time if state gas tax revenues or replacement revenues continue to decline or fail to keep pace with service population growth, and if Measure I funding expires.4 While it was outside the scope of this analysis to study possible structural budget changes, General Fund expenditures for street maintenance costs per new employee or resident could potentially increase over time if state gas tax and other outside revenues do not keep pace with growth. At the recommendation of Public Works Department staff, future Public Works expenditures were projected using the existing department budget for FY 2018-2019 on a per service population basis, which calculates to $50 per service population. This figure was then multiplied by the new service population to be added according to the buildout program, Figure 25. This approach incorporates an implicit assumption that the City’s current level of service continues. While this is a standard approach for a fiscal impact analysis at the scale and timeframe of a General Plan analysis, Public Works Department staff noted that operations and maintenance needs are currently underfunded and that fiscal impact analyses for individual development projects should incorporate cost assumptions based on meeting higher service standards for addressing any impacts of those projects’ new residents and workers. FIGURE 25: PUBLIC WORKS EXPENDITURES, IN 2021 DOLLARS Value Budget in 2018-2019 $10,090,222 Service Population, 2018-2019 201,811 Cost per Service Population $50 New Service Population 72,113 Total New Expenditures $3,605,521 Sources: City of Rancho Cucamonga, 2021; Strategic Economics, 2021. OTHER RECURRING COSTS Strategic Economics used a per capita approach to calculate other departmental General Fund expenditures (Figure 26). As with the per capita revenues, Strategic Economics applied a service population factor to each expense category, representing the relative proportion of expenses 4 Measure I is a voter-approved half-cent sales tax measure used to fund transportation improvements in San Bernardino County. The current measure runs through 2040. Page 254 PlanRC Fiscal Impact Analysis Results October 29, 2021 24 attributable to new residents (1.0) and employees (0.33). The value of the variable costs was multiplied by the respective service population factor, and then divided by the current total current service population to generate an estimate of the current total costs per capita for each service population type by expense category. Finally, these per capita factors were multiplied by the respective new service population in the buildout program to arrive at additional costs associated with residential and worker growth, shown in Figure 27. Page 255 PlanRC Fiscal Impact Analysis Results October 29, 2021 25 FIGURE 26: OTHER RECURRING DEPARTMENTAL EXPENDITURES, IN 2021 DOLLARS Expenditures (FY 2018-2019 Audited) % Variable Variable Cost Service Pop. Factors Expenditures Per Capita Resident Employee Resident Employee General Fund Expenditures Assumptions Admin Services $7,616,436 5% $380,822 1.00 0.33 $1.92 $0.63 Animal Care and Services $3,254,794 75% $2,441,095 1.00 0.33 $12.31 $4.06 Building & Safety $1,750,622 50% $875,311 1.00 0.33 $4.42 $1.46 Community Services Admin $4,743,342 100% $4,743,342 1.00 0.33 $23.93 $7.90 Economic and Community Development $692,945 10% $69,295 1.00 0.33 $0.35 $0.12 Engineering $2,328,722 50% $1,164,361 1.00 0.33 $5.87 $1.94 Finance $1,713,622 15% $257,043 1.00 0.33 $1.30 $0.43 Governance $2,422,447 15% $363,367 1.00 0.33 $1.83 $0.60 Human Resources $992,126 10% $99,213 1.00 0.33 $0.50 $0.17 Innovation & Tech $4,954,156 15% $743,123 1.00 0.33 $3.75 $1.24 Planning $2,799,602 25% $699,901 1.00 0.33 $3.53 $1.17 Records Management $432,923 50% $216,461 1.00 0.33 $1.09 $0.36 Net Variable General Fund Expenditures $33,701,737 $60.80 $20.06 Note: Does not include costs analyzed in departmental case studies. Sources: City of Rancho Cucamonga FY2018-2019 Budget Actuals; Strategic Economics, 2021. FIGURE 27: OTHER RECURRING DEPARTMENTAL EXPENDITURES TOTAL, IN 2021 DOLLARS New Population New Residents 65,635 New Employees 19,629 Increase in Net General Fund Expenditures $4,384,462 Source: Strategic Economics, 2021. &nbsp;&nbsp;Page 256 ATTACHMENT 5 Public Hearing Draft General Plan (December 2021), 2021-2029 Housing Element (December 2021) and Climate Action Plan (September 2021) Due to file size, these documents can be accessed through the following link: https://www.cityofrc.us/GeneralPlan Page 257 ATTACHMENT 6 Draft EIR and Final EIR Due to file size, these documents can be accessed through the following link: https://www.cityofrc.us/GeneralPlan Page 258 Resolution No. 2021-132 - Page 1 of 6 RESOLUTION NO. 2021-132 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ADOPTING ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, CERTIFYING THE FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT FOR THE PLANRC 2020 GENERAL PLAN UPDATE (SCH 2021050261), ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM. A. RECITALS WHEREAS, the PlanRC General Plan Update (the “Project”) would consist of a comprehensive update to the City of Rancho Cucamonga (the “City”) General Plan in accordance with the City’s vision for the future. The Project would emphasize protection of existing residential neighborhoods and targeting new residential, office and commercial growth along major corridors (such as Foothill Boulevard) and other areas south of Foothill Boulevard (such as Haven Avenue) where development opportunities exist on vacant and underutilized properties; and WHEREAS, the Project includes a new Climate Action Plan (“CAP”) as a companion to the PlanRC General Plan Update to reduce the community’s contributions to climate change to build on the broad climate change policies set forth in the PlanRC 2040; and WHEREAS, the Project also includes a comprehensive update to the City’s Housing Element for years 2021-2019, which represents the City’s effort to fulfill its requirements under State housing element law to meet the mandate that all cities and counties prepare a housing element as part of a comprehensive general plan to meet the plan for new housing growth mandated through the Regional Housing Needs Assessment, of which the City has been allocated 10,525 units for the 6th cycle housing element update period; and WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”) (Public Res. Code, § 21000 et seq.) and the State CEQA Guidelines (14 CCR § 15000 et seq.), the City Council of the City of Rancho Cucamonga (“Council”) is the lead agency for the Project, as the public agency with authority to approve and implement the Project; and WHEREAS, pursuant to CEQA Guidelines Sections 15060 and 15168, the City of Rancho Cucamonga, as lead agency, determined that a Program Environmental Impact Report (“PEIR”) would clearly be required for the Project pursuant to CEQA in order to analyze all adverse environmental impacts of the Project; and WHEREAS, a Notice of Preparation (“NOP”) identifying the scope of environmental issues to be analyzed in the PEIR was distributed to numerous State, federal, and local agencies, organizations, and interested persons on May 10, 2021, with comments requested by June 9, 2021 pursuant to State CEQA Guidelines sections 15082(a), 15103 and 15375. A total of six comment letters were received and are included in Appendix 2-2 and summarized in Table 2-1 of the Draft PEIR (“Draft PEIR”). Relevant comments received in response to the NOP were incorporated into the Draft PEIR; and Page 259 Resolution No. 2021-132 - Page 2 of 6 WHEREAS, a public scoping meeting was held on May 18, 2021 and input from the public providing direction and scope of the EIR was received; and WHEREAS, a Draft PEIR was prepared for the Project in accordance with CEQA and the State CEQA Guidelines, where the City analyzed the Project’s environmental impacts; and WHEREAS, the Draft PEIR was distributed for a 45-day public review period on September 10, 2021, with the comment period expiring on October 25, 2021. Eight comment letters were received during the public comment period. The City prepared written responses to all comment received on the PEIR, and those responses to comments are incorporated into the Final PEIR. The responses to comments were distributed to all public agencies and all individuals that provided comments during the comment period at least 10 days prior to certification as required by CEQA; and WHEREAS, the PEIR concludes that, even with the inclusion of standard conditions of approval, which function as mitigation measures, the Project may have a significant and unavoidable impact on several environmental resources. Accordingly, the City Council must adopt a statement of overriding considerations in order to approve the Project; and WHEREAS, as a result of public comments received during the Draft PEIR’s public comment period, as well as during public meetings regarding the PlanRC General Plan Update, certain revisions were made to the Project and included in a revised City Council Public Hearing Draft of the PlanRC General Plan Update, including the following: (1) changed Land Plan Designation for APN: 106117219 from Rural Open Space to General Open Space; (2) updated the Suburban Neighborhood – Moderate Non-Residential Intensity to Max 0.3 Floor Area Ratio; (3) added Policy LC-1.16 requiring the use of a Healthy Development Checklist to assess the health performance of development projects; (4) added Policy LC-5.8 to continue to protect equestrian uses and to implement the Equestrian Overlay Zone; (5) revise Policy LC-7.1 to provide that Haven and 4th Street are envisioned for higher intensity urban environmental, consistent with the Central South Community Planning Area; (6) encourage bike and pedestrian activity along segments of Arrow Route through Cucamonga Town Center; (7) clarified that Day Creek Channel is recommended for Open Space, rather than Parkland; (8) clarified that except for one east-west road, no public streets are planned through property owned by Southern California Edison; and (7) added additional standard conditions of approval and policies to protect utility infrastructure; and WHEREAS, the City analyzed each of the changes to the Project identified in the December 2021 Public Hearing Draft, and concluded that some of the changes would likely reduce the significant and unavoidable impacts identified in the Draft PEIR, but would not change the Draft PEIR’s overall conclusions; and WHEREAS, the City prepared a Final PEIR in accordance with CEQA, which is comprised of the Draft PEIR, and all appendices thereto, the comments and responses to comments, and the mitigation monitoring and reporting program, including all appendices thereto; and WHEREAS, the Mitigation Monitoring and Reporting Program requires the City to implement applicable standard conditions of approval on future development within the City and to report on compliance with the implementation of those measures; and Page 260 Resolution No. 2021-132 - Page 3 of 6 WHEREAS, a Notice of Completion (“NOC”) was sent with the Draft PEIR to the State Clearinghouse on December 3, 2021; and WHEREAS, the Planning Commission of the City of Rancho Cucamonga held a public hearing to consider the PlanRC General Plan Update, the Draft PEIR, and staff recommendations, on November 10, 2021. Notice of this Planning Commission hearing was provided through publication on October 25, 2021; and WHEREAS, the Planning Commission of the City of Rancho Cucamonga after a duly noticed public hearing, recommended that the City Council certify the EIR, make findings pursuant to the California Environmental Quality Act and adopt a statement of overriding considerations, including with the revisions described above in the Public Hearing Draft; and WHEREAS, the City Council of the City of Rancho Cucamonga held a public hearing to consider the PlanRC General Plan Update, the Final PEIR, all comment letters received on the PEIR, any oral testimony provided, and staff recommendations, on December 15, 2021. Notice of this City Council hearing was provided through publication on December 3, 2021. B. RESOLUTION NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY RESOLVE AS FOLLOWS: 1. Recitals. The City Council hereby finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Findings. Based upon the information and evidence set forth in the Final PEIR, together with its appendices, and all other available evidence that has been presented at the hearings and in the record of the proceedings, including the staff reports, technical studies, appendices, plans, specifications, and other materials that constitute the record of the proceedings on which this Resolution is, the City Council hereby specifically finds as follows: a. The City has endeavored in good faith to set forth the basis for its decision on the Project. b. All of the requirements of CEQA, the State CEQA Guidelines and the City’s Local CEQA Guidelines have been satisfied in the EIR, which is sufficiently detailed so that all of the significant environmental effects of the Project have been adequately evaluated. c. Agencies and interested members of the public have been afforded ample notice and opportunity to comment on the EIR and the Project. d. The revisions to the Public Hearing Draft were identified to the Planning Commission and, in any event, the City Council finds that the revisions are minor in nature and do not affect the Planning Commission’s recommendation because they do not affect the improvements to be constructed, uses, or densities previously outlined in the Project as presented to the Planning Commission. e. Section 15091 of the State CEQA Guidelines requires that the City, before approving the Project, make one or more of the following written findings for each significant effect identified in the Final PEIR accompanied by a brief explanation of the rationale Page 261 Resolution No. 2021-132 - Page 4 of 6 for each finding: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the final EIR; or, (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency; or, (3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. These required findings are set forth in the attached Exhibit A and incorporated herein by this reference. i. Environmental impacts identified in the Final PEIR as less than significant and not requiring mitigation are described in Section III.B of Exhibit A, attached hereto and incorporated herein by this reference. ii. Environmental impacts identified in the Final PEIR as significant but which the City finds cannot be fully mitigated to a level of less than significant, despite the imposition of all feasible mitigation measures, including standard conditions of approval, identified in the Final PEIR and set forth herein, are described in Section III.C of Exhibit A, attached hereto and incorporated herein by this reference. iii. Alternatives to the PlanRC General Plan Update that might eliminate or reduce significant environmental impacts are described in Section IV of Exhibit A, attached hereto and incorporated herein by this reference; and f. Sections 15092 and 15093 of the State CEQA Guidelines require that if a project will cause significant unavoidable adverse impacts, the City must adopt a Statement of Overriding Considerations prior to approving the project. A Statement of Overriding Considerations states that any significant adverse project effects are acceptable if expected project benefits outweigh unavoidable adverse environmental impacts. g. A discussion of the project benefits and a Statement of Overriding Considerations for the environmental impacts that cannot be fully mitigated to a less than significant level are set forth in Section IV of Exhibit B, attached hereto and incorporated herein by this reference; and h. Public Resources Code Section 21081.6 and CEQA Guidelines Section 15091 require the City to prepare and adopt a mitigation monitoring and reporting program for any project for which mitigation measures have been imposed to assure compliance with the adopted mitigation measures. The Mitigation Monitoring and Reporting Program is attached hereto as Exhibit C, and is hereby incorporated herein by reference. Further, the mitigation measures in the form of standard conditions of approval set forth therein are made applicable to the Project and will be imposed where appropriate to future development within the City. i. Prior to taking action on the Final PEIR to approve the Project, the City Council reviewed, considered and has exercised its independent judgment on the Final PEIR and all of the information and data in the administrative record, and all oral and written testimony presented to it during meetings and hearings and finds that the Final PEIR is adequate and was prepared in full compliance with CEQA. No comments or any additional information submitted to the City have produced any substantial new information requiring recirculation or additional environmental review of the Project under CEQA; and Page 262 Resolution No. 2021-132 - Page 5 of 6 j. The Final PEIR reflects the City Council’s independent judgment and analysis. 3. Determination. On the basis of the foregoing and all of the evidence in the administrative record before it, the City Council of the City of Rancho Cucamonga hereby certifies the Final PEIR, adopts findings pursuant to the California Environmental Quality Act, as set forth in Exhibit A incorporated herein by reference; adopts the Statement of Overriding Considerations set forth in Exhibit A incorporated herein by reference; adopts the Mitigation Monitoring and Reporting Program as Exhibit B and incorporated herein by reference, and imposes each mitigation measure as a condition of Project approval. City staff shall implement and monitor the mitigation measures as described in Exhibit B. 4. Location of Record. The documents and other materials, including the staff reports, technical studies, appendices, plans, and specifications, that constitute the record on which this Resolution is based are on file for public examination during normal business hours at the Planning Department located at City of Rancho Cucamonga City Hall, 10500 Civic Center Drive, Rancho Cucamonga. All such documents are in the custody of the Planning Director and are incorporated herein by reference. 5. Certification. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 15th day of December 2021. AYES: NOES: ABSENT: ABSTAINED: ____________________________________ L. Dennis Michael, Mayor ATTEST: ______________________________________ Janice C. Reynolds, City Clerk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council on the 15th day of December 2021. Executed this 15th day of December 2021, at Rancho Cucamonga, California. ____________________________________ Page 263 Resolution No. 2021-132 - Page 6 of 6 Janice C. Reynolds, City Clerk Page 264 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 1 - Exhibit A CEQA FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS REGARDING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE STATE CLEARINGHOUSE NO. 2021050261 I. INTRODUCTION The California Environmental Quality Act (CEQA) requires that a number of written findings be made by the lead agency in connection with certification of an environmental impact report (EIR) prior to approval of the project pursuant to Sections 15091 and 15093 of the CEQA Guidelines and Section 21081 of the Public Resources Code. This document provides the findings required by CEQA. The potential environmental effects of the proposed City of Rancho Cucamonga General Plan Update project (proposed project) have been analyzed in a Draft Environmental Impact Report (DEIR) (State Clearinghouse [SCH] 2021050261) dated September 2021. A Final EIR has also been prepared that incorporates the Draft EIR and contains comments received on the DEIR, responses to the individual comments, revisions to the DEIR including any clarifications based on the comments and the responses to the comments, and the Mitigation Monitoring and Reporting Program for the proposed project (MMRP). This document provides the findings required by CEQA for approval of the proposed project. A. STATUTORY REQUIREMENTS FOR FINDINGS The CEQA (Pub. Res. Code §§ 21000, et seq.) and the State CEQA Guidelines (Guidelines) (14 Ca. Code Regs §§ 15000, et seq.) promulgated thereunder, require the environmental impacts of a project be examined before a project is approved. Specifically, regarding findings, Guidelines Section 15091 provides: (a) No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the FEIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such Page 265 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 2 - changes have been adopted by such other agency or can and should be adopted by such other agency. 3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the FEIR. (b) The findings required by subsection (a) shall be supported by substantial evidence in the record. (c) The finding in subdivision (a)(2) shall not be made if the agency making the finding has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives. The finding in subsection (a)(3) shall describe the specific reasons for rejecting identified mitigation measures and project alternatives. (d) When making the findings required in subdivision (a)(1), the agency shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to avoid or substantially lessen significant environmental effects. These measures must be fully enforceable through permit conditions, agreements, or other measures. (e) The public agency shall specify the location and custodian of the documents or other material which constitute the record of the proceedings upon which its decision is based. (f) A statement made pursuant to Section 15093 does not substitute for the findings required by this section. The “changes or alterations” referred to in Section 15091(a)(1) above, that are required in, or incorporated into, the project which mitigate or avoid the significant environmental effects of the project, may include a wide variety of measures or actions as set forth in Guidelines Section 15370, including: (a) Avoiding the impact altogether by not taking a certain action or parts of an action. (b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation. (c) Rectifying the impact by repairing, rehabilitating, or restoring the impacted environment. (d) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action. Page 266 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 3 - (e) Compensating for the impact by replacing or providing substitute resources or environments. Page 267 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 4 - Regarding a Statement of Overriding Considerations, Guidelines Section 15093 provides: (a) CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits, including region-wide or statewide environmental benefits, of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits, including region-wide or statewide environmental benefits, of a proposal [sic] project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." (b) When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not substantially lessened, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record. (c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091. B. CERTIFICATION Having received, reviewed, and considered the EIR for the City of Rancho Cucamonga General Plan Update Project State Clearinghouse No. 2021050261, as well as other information in the record of proceedings on this matter, the City of Rancho Cucamonga City Council adopts the following Findings (Findings) and Statement of Overriding Considerations, in its capacity as the legislative body for the City of Rancho Cucamonga (City), which is the CEQA Lead Agency. The Findings and Statements of Overriding Considerations set forth the environmental and other bases for current and subsequent discretionary actions to be undertaken by the City and responsible agencies for the implementation of the proposed project. In addition, the City of Rancho Cucamonga City Council (City Council) hereby make findings pursuant to and in accordance with Section 21081 of the California Public Resources Code and State CEQA Guidelines Sections 15090 and 15091 and hereby certifies that: (1) Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effect as identified in the Final EIR. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. Page 268 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 5 - (3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. C. PROJECT ENVIRONMENTAL REPORT AND DISCRETIONARY ACTIONS The FEIR addresses the direct, indirect, and cumulative environmental effects of future construction and operation activities associated with the proposed project. The FEIR provides the environmental information necessary for the City to make a final decision on the requested discretionary actions for all phases of this project. The FEIR was also intended to support discretionary reviews and decisions by other responsible agencies. Discretionary actions to be considered by the City may include, but are not limited to, the following:  Certify that the FEIR for the proposed project has been completed in compliance with CEQA, and reflects the independent judgement and analysis of the City; find that the City Council has reviewed and considered the information contained in the FEIR prior to approving the project; adopt the Mitigation Monitoring and Reporting Program, finding that the Mitigation Monitoring and Reporting Program, which is inclusive of standard conditions of approval applicable to future development within the City, is adequately designed to ensure compliance with the mitigation measures and standard conditions of approval during project implementation; and determine that the significant adverse effects of the project either have been reduced to an acceptable level, or are outweighed by the specific overriding considerations of the project as outlined in the CEQA Findings of Fact and Statement of Overriding Considerations, as set forth herein.  Approve the proposed project and related discretionary actions needed for future implementation of the proposed project. II. PROCEDURAL COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT The City published a DEIR on September 10, 2021. A FEIR was prepared in the December 2021 in compliance with CEQA requirements. The FEIR has been prepared in accordance with CEQA and the CEQA Guidelines, as amended. As authorized in State CEQA Guidelines Section 15084(d)(2), the City retained a consultant to assist with the preparation of the environmental documents. City staff from multiple departments, representing the Lead Agency, have directed, reviewed, and modified where appropriate all material prepared by the consultant. The FEIR reflects the City’s independent analysis and judgement. The key milestones associated with the preparation of the EIR are summarized below. As presented below, an extensive public involvement and agency notification effort was conducted to solicit input on the scope and content of the EIR and to solicit comments on the results of the environmental analysis presented in the DEIR. Page 269 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 6 - A. PUBLIC NOTIFICATION AND OUTREACH In conformance with CEQA, the State CEQA Guidelines, and the City of Rancho Cucamonga CEQA Guidelines, the City of Rancho Cucamonga conducted an extensive environmental review of the proposed project.  Completion of a Notice of Preparation (NOP) on May 13, 2021. The public review period extended from May 13, 2021, to June 11, 2021. The NOP was published in the Inland Valley Daily Bulletin on May 7, 2021. The NOP was posted at the San Bernardino County Clerk’s office on May 14, 2021. A copy of the NOP was made available for public review on the City’s website.  Completion of the scoping process where the public was invited by the City to participate in a scoping meeting held via Zoom on May 18, 2021 at 6:00 PM. The notice of a public scoping meeting was included in the NOP.  Preparation of a Draft EIR (DEIR), which was made available for a 45-day public review period beginning September 10, 2021, and ending October 25, 2021. The scope of the DEIR was determined based on the CEQA Guidelines Appendix G Checklist, comments received in response to the NOP, and comments received at the scoping meeting conducted by the City of Rancho Cucamonga. Section 2.3 of the DEIR describes the issues identified for analysis in the DEIR. The Notice of Availability (NOA) for the DEIR was sent to interested persons and organizations, sent to the State Clearinghouse in Sacramento for distribution to public agencies, posted at the City of Rancho Cucamonga, and published in the Inland Valley Daily Bulletin. The NOA was posted at the San Bernardino County Clerk’s office on September 10, 2021. The Notice of Availability of the DEIR was published in the Inland Valley Daily Bulletin on September 10, 2021.  Preparation of a Final EIR (FEIR), including the responses to comments to the DEIR. The FEIR was released for a 10-day agency review period prior to certification of the FEIR.  Public hearings on the proposed project, including a Planning Commission hearing and a City Council hearing. In summary, the City conducted all required noticing and scoping for the proposed project in accordance with Section 15083 of the CEQA Guidelines, and conducted the public review for the EIR, which exceeded the requirements of Section 15087 of the CEQA Guidelines. B. FINAL ENVIRONMENTAL IMPACT REPORT AND CITY COUNCIL PROCEEDINGS The City prepared a FEIR, including Responses to Comments to the DEIR. The FEIR/Response to Comments contains comments on the DEIR, responses to those comments, revisions to the DEIR, and appended documents. A total of eight comment letters were received. The DEIR found that, despite the implementation of General Plan policies and standard conditions of approval intended to minimize of avoid significant impacts to the environments, certain impacts to the following would remain significant and unavoidable. Therefore, the City prepared a Statement of Overriding Considerations for the following impacts found to be significant and unavoidable: Page 270 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 7 -  Aesthetics (cumulative impacts only)  Agriculture and Forestry Resources  Air Quality  Biological Resources  Cultural Resources  Greenhouse Gas Emissions  Mineral Resources (cumulative impacts only)  Noise  Transportation  Wildfire (cumulative impacts only) Members of the public can view searchable agendas for scheduled City Council meetings and access agenda-related City information and services directly on the following website: https://www.cityofrc.us/your-government/city-council-agendas. The FEIR document will be posted for viewing and download with the previously posted DEIR prior to the City’s consideration of the FEIR and project recommendations on the City’s website. A date for consideration of the FEIR and project recommendations at the City Council was set for the proposed project and notice of the meeting was provided consistent with the Brown Act (Government Code Sections 54950 et seq.). The City Council took testimony on the proposed project in conjunction with the public hearing for the proposed project. C. RECORD OF PROCEEDINGS For purposes of CEQA and these Findings, the Record of Proceedings for the proposed project consists of the following documents and other evidence, at a minimum:  The NOP, NOA, and all other public notices issued by the City in conjunction with the proposed project.  The DEIR and FEIR for the proposed project.  All written comments submitted by agencies or members of the public during the public review comment period on the DEIR.  All responses to written comments submitted by agencies or members of the public during the public review comment period on the DEIR.  All written and verbal public testimony presented during a noticed public hearing for the proposed project.  The Mitigation Monitoring and Reporting Program.  The reports and technical memoranda included or referenced in the FEIR. Page 271 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 8 -  All documents, studies, EIRs, or other materials incorporated by reference in the DEIR and FEIR.  The Resolutions adopted by the City in connection with the proposed project, and all documents incorporated by reference therein, including comments received after the close of the comment period and responses thereto.  Matters of common knowledge to the City, including but not limited to federal, state, and local laws and regulations.  Any documents expressly cited in these Findings.  Any other relevant materials required to be in the record of proceedings by Public Resources Code Section 21167.6(e). D. CUSTODIAN AND LOCATION OF RECORDS The documents and other materials that constitute the administrative record for the City's actions related to the project are at the City of Rancho Cucamonga – Planning Department, 10500 Civic Center Drive, City of Rancho Cucamonga. The City Planning Division is the custodian of the administrative record for the project. Copies of these documents, which constitute the record of proceedings, are and at all relevant times have been and will be available upon request at the offices of the Planning Division. This information is provided in compliance with Public Resources Code Section 21081.6(a)(2) and Guidelines Section 15091(e). E. PROJECT LOCATION The City of Rancho Cucamonga is in the Inland Empire in southwestern San Bernardino County, California. The City is surrounded by developed municipalities to the west, south, and east including the cities of Upland, Ontario, and Fontana and a large area of rural unincorporated San Bernardino County to the north and east. The northernmost portion of the City’s Sphere of Influence (SOI) is adjacent to the San Bernardino National Forest. Interstate and regional access to the City is provided by Interstate 15 (I-15), which runs in a general north-south direction and bisects the eastern portion of the City, and by State Route 210 (SR-210), an east-west freeway that runs through the center of the City. The I-10 freeway also provides regional access and is located approximately 0.75-mile south of the City boundary. F. PROJECT OBJECTIVES Objectives for the City of Rancho Cucamonga General Plan Update which will aid decision makers in their review of the proposed project and associated environmental impacts, are as follows: 1. Provide a human-scaled design, with buildings and outdoor spaces oriented towards people connected by safe and comfortable streets, pathways, and trails that provide equitable access for all. 2. Focus transformative growth along major corridors and allowing incremental change in the neighborhoods. Page 272 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 9 - 3. Increase jobs in the City to encourage more residents to work locally and reduce commuting out of the City to work. 4. Maintain and enhance conservation areas. 5. Create vibrant activity nodes and a “real downtown” with one or several major activity centers, with varied cultural opportunities and public art providing areas for social, civic, and commercial activity. G. PROJECT DESCRIPTION The project is an update of the City of Rancho Cucamonga’s General Plan. The General Plan is a state- required legal document that provides guidance to decision-makers regarding the allocation of resources and determining the future physical form and character of development in the City and its SOI. It is the official statement of the City regarding the extent and types of development needed to achieve the community’s physical, economic, social, and environmental goals. Although the General Plan is composed of individual chapters that individually address a specific area of concern, the General Plan embodies a comprehensive and integrated planning approach for the jurisdiction. III. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS A. FORMAT Section 15091 of the CEQA Guidelines requires that a Lead Agency make a finding for each significant effect for the project. This section summarizes the significant environmental impacts of the project, describes how these impacts are to be mitigated, and discusses various alternatives to the proposed project, which were developed in an effort to reduce the remaining significant environmental impacts. All impacts are considered potentially significant prior to mitigation or a project revision through the incorporation of a standard condition of approval unless otherwise stated in the findings. This remainder of this section is divided into the following subsections: Section B, Findings on “No Impact” and “Less Than Significant Impacts,” presents environmental issues, as identified in Chapter 5 of the DEIR, which would result in no impact or less than significant impacts. Section C, Significant and Unavoidable Impacts that Cannot be Mitigated to Below the Level of Significance, presents significant impacts of the proposed project that were identified in the DEIR, the findings for significant impacts, and the rationales for the findings. Section IV, Alternatives to the Proposed Project, presents alternatives to the project and evaluates them in relation to the findings set forth in Section 15091(a)(3) of the State CEQA Guidelines, which allows a public agency to approve a project that would result in one or more significant environmental effects if the project alternatives are found to be infeasible because of specific economic, social, or other considerations. Page 273 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 10 - Section V, Statement of Overriding Considerations, presents a description of the proposed project’s one significant and unavoidable adverse impact and the justification for adopting a statement of overriding considerations. Section VI, Findings on Responses to Comments on the DEIR and Revisions to the DEIR, presents the City’s findings on the response to comments and revisions to DEIR, and decision on whether a recirculated DEIR is necessary or not. B. FINDINGS ON “NO IMPACT” AND “LESS THAN SIGNIFICANT IMPACTS” Based on the environmental issue area assessment in the DEIR, the City determined that the proposed project would have no impact or less than significant impacts for the environmental issues summarized below. The rationale for the conclusion that no significant impact would occur in each of the issue areas is based on the environmental evaluation in the listed topical EIR sections in Section 5 of the DEIR. Relevant General Plan policies are listed and numbered in the DEIR; additionally, applicable local, state, and federal regulations, as well as standard conditions of approval also serve to prevent the occurrence of, or reduce the significance of, potential environmental effects are included in the DEIR. The EIR concluded that all or some of the impacts of the proposed project with respect to the following issues either will not be significant or will be reduced to below a level of significance by implementing standard conditions of approval or existing regulatory requirements as detailed in Chapter 5 of the DEIR. CEQA Guidelines Section 15901 requires that an EIR may not be certified for a project which has one or more significant environmental effects unless one of three possible findings is made for each significance effect. Since the following environmental issue areas were determined to have no impact or a less than significant impact, no findings for these issues are required. 1. Aesthetics Impact 5.1-1: Development in accordance with the General Plan Update would not substantially alter or damage scenic vistas or substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway. [Threshold AE-1 and AE-2] The proposed project would allow for development, redevelopment, and intensification of land uses in some areas of the City. Open space areas, parks, and agricultural lands that currently provide views of scenic vistas would continue to be preserved under the General Plan Update. The generally low- density residential uses, estate, and rural residential uses within or adjacent to these scenic vistas and resources would also remain unchanged, thereby preserving views of these scenic vistas and resources. The high elevation of the northern mountains ensures that they will remain a scenic backdrop to Rancho Cucamonga and its SOI without interference from future development accommodated by the General Plan Update. Design standards under the City’s municipal code guide future development characteristics, such as height and placement of buildings and structures, setback requirements, and architectural design parameters. Page 274 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 11 - There are no scenic highways in or near the City or SOI that would be adversely affected by future development under the General Plan Update. Although views from the I-15 and SR-210 freeways would change with future development, these freeway segments are not designated scenic highways. Foothill Boulevard/Route 66 is considered an unofficial route by the City. Although future development and redevelopment along the Foothill Boulevard/Route 66 corridor may alter views of scenic resources, the place types, and focus areas approach taken with the General Plan will enhance the streetscape and create a unified theme for this major corridor. Therefore, there would be no impact to scenic vistas or highways by the General Plan Update and the City’s beautification master plans for designated special boulevards, would ensure that special boulevards remain unaffected. Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse impacts to aesthetics to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. Impact 5.1-2: Buildout in accordance with the proposed land use plan would alter the existing visual appearance of the City and SOI, but would not substantially degrade its existing visual character or quality. [Threshold AE-3] Future development and redevelopment facilitated under the General Plan Update would allow for new development of currently undeveloped parcels and intensification of already developed areas in Rancho Cucamonga. Although new development would alter the visual appearance of the City, because the City is largely developed with urban and suburban uses, it would not substantially degrade Rancho Cucamonga’s visual character or quality. Buildout proposed under the General Plan Update would most often occur within areas that are already developed and urbanized, or areas that are planned for development. Development under the General Plan Update would be required to comply with existing City regulations that maintain the City’s character which would encourage high-quality design and provide for well-designed and attractive development that promotes a sense of community. Compliance with the City’s existing regulations, including standard conditions of approval, and the General Plan Update policies, future development would be built to reflect and maintain Rancho Cucamonga’s existing visual character and resources. Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse impacts to aesthetics to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. Impact 5.1-3: Development in accordance with the General Plan would not generate substantial additional light and glare. [Threshold AE-4] Sources of light in the City include building lighting (interior and exterior), security lighting, sign illumination, sports fields lighting, and parking-area lighting. These sources of light and glare are mostly associated with the residential, commercial, and industrial uses and the larger community parks in the more developed areas of the City. Other sources of nighttime light and glare include streetlights, vehicular traffic along surrounding roadways, and ambient lighting from surrounding communities. Page 275 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 12 - Development and redevelopment projects in the City would be required to comply with the design guidelines for residential and commercial-industrial land, sign ordinance, and landscape design guidelines. Future development and redevelopment would also be required to comply with the outdoor lighting standards in Chapter 17.58 of the municipal code. The outdoor lighting standards require lighting to be directed away and shielded from adjacent residential areas; prohibit the creation of areas with intense light or glare; and call for the use of fences, walls, berms, screens, and landscaping to reduce light and glare spillover. By ensuring that all future development projects comply with the municipal code and General Plan Update policies pertaining to light and glare, any potential spillover would be minimized. Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse impacts to aesthetics to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. 2. Agriculture and Forestry Resources Impact 5.2-1: see Section C. Significant and Unavoidable Significant Impacts That Cannot be Mitigated to Below the Level of Significance. Impact 5.2-2: The proposed project would not conflict with existing zoning for agricultural use, or a Williamson Act contract. [Threshold AG-2] According to the proposed Land Use Plan, the lots that are currently vineyards and orchards would be converted into urban uses as part of future, anticipated development. The City does not have an agricultural land use designation in its existing land use plan or the proposed Land Use Plan. The Development Code also does not have an agricultural zone, although agricultural uses are allowed as an interim use on lots 2.5 acres or more in the Residential Development Districts. Therefore, because the City has no zoning for agricultural use, no impact would occur. There are no lands in the city under a Williamson Act contract, and no impacts related to Williamson Act contracts would occur. Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse impacts to agriculture and forestry resources to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. Page 276 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 13 - Impact 5.2-3: The proposed project would not conflict with zoning for forest land or timberlands, and would not result in the loss of forest land. [Thresholds AG-3 and AG-4] There are no lands that qualify as forest land or timberland. Therefore, no impacts would occur related to the loss or conversion of forest land to a non-forest use. There are also no areas within the Plan Area that are zoned as forest land, timberland, or Timberland Production. Therefore, no impacts would occur. Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse impacts to agriculture and forestry resources to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. 3. Air Quality Impact 5.3-1: The proposed project would not conflict with or obstruct implementation of the 2016 Air Quality Management Plan. [Threshold AQ-1] The 2016 AQMP control strategy strongly relies on a transition to zero and near-zero emission technologies in the mobile source sector, including automobiles, transit buses, medium- and heavy- duty trucks, and off-road equipment. There are several General Plan Update policies that ensure consistency with the 2016 AQMP, and the City has prepared a Climate Action Plan (CAP) as a companion document to the General Plan Update that includes a set of goals, strategies, and measures with specific metrics and quantified GHG reduction estimates that will achieve greenhouse gas (GHG) reductions from existing and future development in the City. These strategies and measures would also have the effect of reducing air pollutant emissions under implementation of the General Plan Update. The CAP strategies and measures would reduce both localized air pollutant emissions within the City and regionwide emissions in the South Coast Air Basin. The 2040 population projection for the City of Rancho Cucamonga in the RTP/SCS is 204,300, which is less than the projected population for planning period buildout of the General Plan Update of 233,088. However, the General Plan Update, including the companion CAP document, are both consistent with the goals of the RTP/SCS and would further AQMP goals through policies, strategies, and measures that reduce air pollutant emissions from mobile, stationary, and areawide sources. Therefore, the General Plan Update would not conflict with or obstruct implementation of the 2017 AQMP. This impact is less than significant. Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse impacts to air quality to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. Page 277 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 14 - Impact 5.3-2: see Section C. Significant and Unavoidable Significant Impacts That Cannot be Mitigated to Below the Level of Significance. Impact 5.3-3: see Section C. Significant and Unavoidable Significant Impacts That Cannot be Mitigated to Below the Level of Significance. Impact 5.3-4: The proposed project would not result in short- or long-term increases in localized CO emissions that would exceed South Coast AQMD-recommended thresholds. [Thresholds AQ-2] As discussed in Section 5.3.4.1, Methodology, of Chapter 5.3, Air Quality, of the DEIR, all areas of the SoCAB have remained below the federal standard level since 2003. The EPA redesignated the SoCAB to attainment of the federal CO standards, effective June 11, 2007. There have been no exceedances of the Stage 1 episode (federal alert) level (8-hour average CO greater ≥ 15 ppm) since 1997. The CO concentrations are also well below the State standards. Buildout of the General Plan update would not result in the increase in traffic volume required to generate a CO hotspot. While daily mass emissions of CO are projected to exceed SCAQMD’s thresholds under Impact 5.3-3, in Chapter 5.3, Air Quality, of the DEIR, the highest emissions of CO are projected from use of dispersed landscaping equipment in the city. Therefore, CO emissions from idling vehicles are not anticipated to cause a localized impact. Given that the SoCAB is in attainment for CO and is not projected to exceed the AAQS, it is not anticipated that the General Plan Update would result in localized CO impacts, considering that individual discretionary projects implemented under the General Plan Update would be dispersed throughout the city. Additionally, federal and State vehicle emissions standards are anticipated to result in a decrease in CO concentrations over time. These include the Corporate Average Fuel Economy standards at the federal level and the Advanced Clean Cars Program in California, both of which set fuel efficiency standards for vehicles. For these reasons, local mobile-source CO emissions generated by future development that could be accommodated under the General Plan Update would not result in or substantially contribute to concentrations of CO that exceed the 1-hour or 8-hour California or National AAQS. Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse impacts to air quality to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. Impact 5.3-5: see Section C. Significant and Unavoidable Significant Impacts That Cannot be Mitigated to Below the Level of Significance. Page 278 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 15 - Impact 5.3-6: The proposed project would not result in other emissions (such as those leading to odors) adversely affecting a substantial number of people. [Threshold AQ- 4] Future development and other physical changes that could occur as a result of General Plan Update implementation could expose sensitive receptors to future development that could include odor sources and may cause a nuisance. Additionally, new sensitive receptors could be exposed to existing land uses that include odors and may result in a nuisance impact. South Coast AQMD Rule 402 states: “A person shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property.” Enforcement of Rule 402 would serve to mitigate new odor- generating land uses developed as a result of the General Plan Update that may cause a nuisance to nearby sensitive receptors. Minor odors from the use of heavy-duty diesel-powered equipment and the laying of asphalt during construction activities would be intermittent and temporary. Due to the characteristics of diesel exhaust emissions, odors generated from the use of heavy-duty diesel-powered equipment would dissipate rapidly within 150 meters (492 feet). While construction would occur intermittently through the General Plan planning horizon, these types of odor-generating activities would not occur at any single location or within proximity to the same off-site receptors for an extended period of time and would not result in permanent odor sources. Therefore, construction is not anticipated to result in substantial odors. Future nonresidential land uses or specific facilities in the city could generate odor emissions that could be a nuisance. Specifically, industrial land uses have the potential to generate objectionable odors. Areas where these types of uses could be developed under the General Plan Update would be generally limited to the Neo-Industrial or Industrial Employment Districts in the southeast portion of the city. Stand-alone residential uses would not be permitted in these districts. Industrial land uses associated with the General Plan Update would also be required to comply with South Coast AQMD Rule 402. In addition, the Land Use and Community Character Element of the General Plan includes land use compatibility policies that would serve to reduce potential impacts from receptors near existing odors sources. As a result, implementation of the General Plan Update would not result in odor impacts on existing sensitive receptors or future sensitive receptors. Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse impacts to air quality to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. Page 279 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 16 - 4. Biological Resources Impact 5.4-1: see Section C. Significant and Unavoidable Significant Impacts That Cannot be Mitigated to Below the Level of Significance. Impact 5.4-2: Implementation of the proposed General Plan Update could impact sensitive natural communities, including wetlands and riparian habitat. [Thresholds B- 2 and B-3] The western edge of the Plan Area runs along Cucamonga Creek. Other creeks that flow through the City include Deer Creek, Day Creek, and Etiwanda Creek. Riparian vegetation can be found along the canyon bottoms in the northern portion of the Plan Area, predominantly within the SOI. Channels occur within the Plan Area; some channels are dry while others have water. Open water occurs in various natural and constructed catch basins throughout the Plan Area. As shown in Table 5.4-1, Special Status Plant Species with Records in the Study Area, of the DEIR, at least 13 special status plant species are found in riparian and/or freshwater habitats. The goals and policies in the Resource Conservation Element would help conserve, protect, and manage Rancho Cucamonga’s biological resources. Standard conditions of approval 5.4-6 and 5.4-7 require developers to obtain permits from the USACE and RWQCB for waters of the U.S. and from CDFW for waters of the state. Compliance with these standard conditions of approval would ensure no net loss of waters of the U.S. or waters of the state. Impacts would be less than significant. Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse impacts to biological resources to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. Impact 5.4-3: Development pursuant to the proposed General Plan Update would not adversely impact wildlife movement in and surrounding the Plan Area. [Threshold B-4] The San Gabriel-San Bernardino Linkage is at the divide of the San Gabriel and San Bernardino Mountains and includes the mountains and foothills north of and in the Plan Area. The linkage design covers approximately 129,901 acres and has three roughly parallel routes to accommodate diverse species and ecosystem functions. Natural vegetation makes up most of the linkage design but urban and agricultural development covers approximately 1.8 percent of the area. The majority of the Plan Area is developed and has little natural open space, and therefore, provides few wildlife movement corridors. Existing corridors include creeks and open drainage canals, which connect wildlife to the mountains to the north. The northern part of the Plan Area has large, contiguous open space areas and areas designated for preservation in perpetuity. Page 280 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 17 - A number of migratory bird species are known to occur within the City where buildout of the proposed project could impact these migratory birds through future development and removal of vegetation that could be used for nesting. The Migratory Bird Treaty Act administered by the USFWS governs the taking, killing, possession, transportation, and importation of migratory birds, their eggs, parts, and nests. Additionally, California law, particularly relevant statues in the Fish and Game Code, provide protections for birds and their active nests. Development in existing open space and undeveloped areas of the Plan Area could result in habitat fragmentation and constrain wildlife movement that has regional significance. The Resource Conservation Element of the proposed project includes policies that would reduce impacts to wildlife corridors. Compliance with the MBTA, and adherence to the General Plan policies and implementation of the standard conditions of approval (specifically 5.4-7) would reduce impacts to less than significant. Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse impacts to biological resources to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. Impact 5.4-4: Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance, adopted habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. [Thresholds B-5 and B-6] The City adopted the EHNCP in October 2019 that includes the conservation of alluvial fan and foothills between the northernmost neighborhoods and the National Forest. Over 82 percent of the EHNCP is in the Rural/Conservation area, which contains several existing and planned preserves, numerous hiking trails, and natural features. These 3,603 acres of Rural/Conservation would provide for a mix of conserved habitat mitigation lands and open space, existing open space preserves, and very-low-density rural homes. The General Plan Update would designate this area Natural Open Space, Rural Open Space, and General Open Space and Facilities, with the latter two designations allowing residential development at very low densities. This would be consistent with the vision of the EHNCP. Therefore, the proposed project would not conflict with a conservation plan. Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse impacts to biological resources to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. 5. Cultural Resources Impact 5.5-1: see Section C. Significant and Unavoidable Significant Impacts that Cannot be Mitigated to Below the Level of Significance. Page 281 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 18 - Impact 5.5-2: Future development in the City that would be accommodated by the General Plan Update could impact known and unknown archaeological resources. [Thresholds C-2] Adoption of the General Plan Update in itself would not directly affect archaeological resources. Long- term implementation of the General Plan Update land use plan could include grading of known and unknown sensitive areas. Grading and construction activities of undeveloped areas or redevelopment that requires more intensive soil excavation than in the past could potentially cause disturbance of archaeological resources. Therefore, future development that would be accommodated by the General Plan Update could potentially unearth previously unrecorded resources. Archaeological sites are protected by a variety of state policies and regulations under the California Public Resources Code. Cultural resources are also recognized as nonrenewable and therefore receive protection under the California Public Resources Code and CEQA. If the lead agency determines that the project may have a significant effect on unique archaeological resources, the project-level CEQA document prepared for the development project is required to address the issue of those resources. Long-term implementation of the General Plan Update could include grading of unknown sensitive areas. Grading and construction activities of undeveloped areas or redevelopment that require more intensive soil excavation than in the past could potentially cause the disturbance of archaeological resources. Therefore, future development could potentially unearth previously unknown/unrecorded archaeological resources. The implementation of standard condition of approval 5.5-8 would reduce impacts to less than significant. Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse impacts to cultural resources to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. Impact 5.5-3: Grading activities could potentially disturb human remains. [Threshold C-3] The General Plan Update includes policies which require measures to prevent impacts to human remains and compliance with the California Native American Graves Protection and Repatriation Act if human remains are found on a project site. California Health and Safety Code, Section 7050.5; CEQA Section 15064.5; and Public Resources Code, Section 5097.98 mandate the process to be followed in the event of an accidental discovery of any human remains in a location other than a dedicated cemetery. Although soil-disturbing activities associated with development in accordance with the General Plan Update could result in the discovery of human remains, compliance with existing law and proposed General Plan policies would ensure that significant impacts to human remains would not occur. Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse impacts to biological resources to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. Page 282 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 19 - 6. Energy Impact 5.6-1: Implementation of the General Plan Update would not result in potentially significant environmental impacts due to wasteful, inefficient, or unnecessary consumption of energy resources. [Threshold E-1] Overall, regulatory compliance (e.g., Building Energy Efficiency Standards, CALGreen, RPS, and CAFE standards) would increase building energy efficiency and vehicle fuel efficiency and reduce building energy demand and transportation-related fuel usage. Additionally, the General Plan Update includes policies related to land use and transportation planning and design, energy efficiency, and renewable energy which would contribute to minimizing building- and transportation-related energy demands overall and demands on nonrenewable sources of energy. Implementation of proposed policies of the General Plan Update in conjunction with and complementary to regulatory requirements would ensure that energy demand associated with growth under the General Plan Update would not be inefficient, wasteful, or unnecessary. Therefore, energy impacts associated with implementation and operation of land uses accommodated under the General Plan Update would be less than significant. Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse impacts to energy to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. Impact 5.6-2: The proposed project would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency. [Threshold E-2] The state’s electricity grid is transitioning to renewable energy under California’s RPS Program. Renewable sources of electricity include wind, small hydropower, solar, geothermal, biomass, and biogas. The RPS goals have been updated since adoption of SB 1078 in 2002. The statewide RPS requirements do not directly apply to individual development projects, but to utilities and energy providers such as SCE. The land uses accommodated under the General Plan Update would comply with the current and future iterations of the Building Energy Efficiency Standards and CALGreen. As discussed in Impact 5.6-1, of the DEIR, the General Plan Update includes policies which would support the statewide goal of transitioning the electricity grid to renewable sources. Therefore, implementation of the General Plan Update would not conflict or obstruct implementation of California’s RPS Program, and impacts would be less than significant. The City of Rancho Cucamonga does not have its own renewable energy plan; however, the City has prepared a Climate Action Plan as a companion to the General Plan Update that includes goals, strategies, and measures to reduce communitywide and municipal GHG emission reductions in the categories of zero emission and clean fuels, efficient and carbon free buildings, renewable energy and zero carbon electricity, carbon sequestration, local food supply, efficient water use, waste reductions, and sustainable transportation. Impacts would be less than significant. Page 283 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 20 - Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse impacts to energy to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. 7. Geology and Soils Impact 5.7-1: Project occupants and visitors would be subject to potential seismic-related hazards. [Thresholds G-1 i-iv] Ground Rupture The location of the project site and its underlying geology make it likely to experience seismic hazards, including strong seismic shaking and secondary hazards, like liquefaction. Ground rupture refers to ground surface displacement that can result in structural, roadway, and pipeline damage. The Cucamonga Fault runs east-west along the northern city limits and has the potential for an M7.0 earthquake that can lead to ground rupture along its fault traces. The Red Hill Fault runs from the northeast around Etiwanda Avenue to the southwest around Red Hill. The area along the southwestern segment of the Red Hill Fault is considered an Alquist-Priolo Earthquake Fault Zone. The Etiwanda Fault Scarp has potential for an M6.5 earthquake and could pose ground rupture hazards to existing and planned developments. Future development and redevelopment pursuant to the General Plan Update that would be located on a fault trace would be exposed to ground rupture hazards. However, General Plan Policy SE-2.1 requires minimum setbacks for structures proposed for human occupancy within State and City Special Study Zones. The setbacks would be required to be based on minimum standards established under State law and recommendations of a Certified Engineering Geologist and/or Geotechnical Engineer. Incorporation of setbacks from the fault trace would avoid ground rupture hazards to future developments. In addition, compliance with standard conditions of approval and policies of the General Plan would reduce ground rupture hazards to future development and redevelopment. Ground Shaking Ground shaking in the City could occur during an earthquake on the Cucamonga or Red Hill Faults. The City is also located near two of California’s most active faults – San Andreas and San Jacinto. Policies in the General Plan Update would reduce hazards from ground shaking to less than significant. Ground Failure During an earthquake, liquefaction may occur in areas with loose soils and high-water tables. Though no liquefaction hazards are known in the City, three small areas in the southwestern portion of the City north of Red Hill have perched water conditions and could be subject to liquefaction. Future development and redevelopment under the proposed General Plan Update in these three areas could be exposed to liquefaction hazards. Compliance with the CBC would identify potential for Page 284 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 21 - liquefaction hazards on individual development sites and construction of buildings and infrastructure that ensures structural integrity to withstand liquefaction hazards. Landslides Earthquake shaking and heavy rain events have the potential to trigger landslides on unstable, sloping land. Rock falls and landslides from the San Gabriel Mountains could affect existing and planned developments at the northern end of the City and in the SOI. Compliance with project-specific geotechnical recommendations, the City’s Hillside Development Regulations (Section 17.24.070 of the Rancho Cucamonga Municipal Code), standard conditions of approval, General Plan Updated policies, and CBC would reduce impacts to less than significant. Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse impacts to geology and soils to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. Impact 5.7-2: Unstable geologic unit or soils conditions, including soil erosion, could result from development of the project. [Thresholds G-2 and G-3] The County of San Bernardino includes the City of Rancho Cucamonga in designated Soil Erosion Control Areas. The City is also underlain by soils that have moderate to high erosion hazard and soil blowing hazards. Erosion would likely occur in a southerly and southwesterly direction to match the general topography. Implementation of erosion-control measures as required by Chapter 8.16 of the Rancho Cucamonga Municipal Code; standard conditions of approval; project-specific BMPs, site design, source control, and treatment control measures would reduce erosion impacts. Additionally, any project that disturbs one or more acre of land would also be required by the State Water Resources Control Board to develop and implement a Stormwater Pollution Prevention Plan to control discharges from construction sites. Impacts would be less than significant. Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse impacts to geology and soils to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. Impact 5.7-3: Soil conditions would not result in risks to life or property and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse. [Thresholds G-3 and G-4] Areas subject to potential liquefaction or earthquake-induced landslides are in the northern portion of the City and SOI area. Compliance with the recommendations of project-specific geotechnical investigations, the CBC, and the City’s Hillside Development Regulations would prevent risks due to lateral spreading, subsidence, liquefaction, or collapse. Page 285 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 22 - Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse impacts to geology and soils to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. Impact 5.7-4: Soil conditions may not adequately support septic tanks. [Threshold G-5] Where existing sewer lines are available, future development and redevelopment would connect to the public sewer system. However, future development in the SOI in areas designated as Hillside Residential could utilize onsite septic tank systems. Upon annexation into the City, these areas would be required to connect to the public sewer system. Where limitations on septic tank systems could pose hazards to surface and groundwater, standard conditions of approval for future projects would reduce potential impacts. DEHS would regulate the installation, use, maintenance, and routine inspection of tanks. If a sewer line becomes available to a property served by a septic tank, the property owner must connect to the sewer line within 90 days and abandon the septic tank in accordance with County regulations. Implementation of these standard conditions of approval would provide oversight prior to septic system construction as well as maintenance and inspection over the life of the septic system to ensure proper operation, thus reducing the potential for impacts related to septic tanks. These conditions would reduce potential effects to less than significant. Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse impacts to geology and soils to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. Impact 5.7-5: The project would not directly or indirectly destroy a unique paleontological resource or unique geologic feature. [Threshold G-6] Research performed at the Natural History Museum of Los Angeles County indicates that the bulk of the study area consists of surficial sedimentary or metamorphic rocks that are unlikely to contain significant vertebrate fossils; however, there may be sedimentary deposits at a greater depth. Alluvial deposits extend throughout the Plan Area. Though shallow excavations in the younger Quaternary alluvium are unlikely to expose significant fossils, deeper excavations that extend into older Quaternary deposits could encounter significant fossils. The presence of sedimentary units known to contain fossil materials indicates that there is a potential for encountering unidentified paleontological resources during excavation and construction of future development projects. Therefore, this is considered a potentially significant impact on paleontological resources. Implementation of standard condition of approval 5.7-7 would reduce potential impacts to less than significant levels. Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse impacts to geology and soils to less than significant Page 286 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 23 - levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. 8. Greenhouse Gas Emissions Impact 5.8-1: The proposed project would not directly or indirectly result in an increase in GHG emissions compared to existing conditions. [Threshold GHG-1] Development under the proposed project would result in GHG emissions that would contribute to climate change on a cumulative basis. Future construction activities would result in GHG emissions that are limited in duration for any given project, but when taken together over buildout of the proposed project, could be considerable. Emissions Forecasts Communitywide GHG emissions were forecast for 2030 and 2040 based on the growth and development assumptions of the General Plan Update which are included in the CAP. Future GHG emissions for the years 2030 and 2040 would be reduced due to state and federal legislative actions that would result in overall GHG emission reductions as the City continues to grow. Activities in the City are anticipated to result in a reduction of 277,959 MTCO2e (19 percent) from the City’s 2018 baseline annual emissions. By 2040, annual emissions would result in a reduction of 364,295 MTCO2e (26 percent) from the City’s 2018 baseline communitywide emissions. In addition to the state and federal actions that would reduce emissions from future activities in the City, the General Plan Update includes goals and policies that would further support reductions in emissions from existing and future activities in the City. The CAP also includes a set of goals, strategies, and measures with specific metrics and quantified GHG reduction estimates that will further support GHG reductions from existing and future development in the City. Implementation of the General Plan Update would not directly or indirectly result in an increase in GHG emissions compared to existing conditions in 2018. Therefore, impacts would be less than significant. Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse greenhouse gas emissions impacts to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. Impact 5.8-2: The proposed project would not conflict with the SCAG region’s achievement of SB 375 emissions reduction targets. [Threshold GHG-2] SB 375 requires that metropolitan planning organizations, including SCAG, develop a Sustainable Communities Strategy that meets the per capita GHG emissions reduction targets set by CARD for the years 2020 (8 percent below 2005 levels) and 2035 (19 percent below 2005 levels). The General Plan Update has a comprehensive set of goals and policies that are consistent with the core visions in Connect SoCal. The General Plan Update and its companion CAP document recognize that the largest source of the community’s climate change contributions is vehicle travel and therefore the CAP has identified feasible measures to reduce emissions from the on-road transportation sector including from Page 287 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 24 - passenger vehicles. The development envisioned by the proposed project is intended to reduce the need to drive (i.e., lower VMT) by improving access by sidewalks, pathways, and trails, and by encouraging a more compact urban form that arranges land uses close to where people live to give them options for moving around with or without a vehicle. The General Plan Update has been developed to help support future development that reduces local and regional VMT while promoting land use patterns that promote alternative transportation modes. The General Plan Update goals and policies are consistent with Connect SoCal and would support the SCAG region in achieving its SB 375 emissions reduction targets. The General Plan Update would not conflict with the SCAG region’s achievement of SB 375 emissions reduction targets. This impact would be less than significant. Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse greenhouse gas emissions impacts to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. Impact 5.8-3: The proposed project would be consistent with the State’s ability to achieve the 2030 reduction target of SB 32. [Threshold GHG-2] The implementation of the General Plan Update would result in growth in population and the development of new residential and nonresidential projects. Development under the proposed General Plan Update would result in GHG emissions that would contribute to climate change. However, state and federal legislative actions are anticipated to result in reductions in emissions from specific activities in the future and would, therefore, reduce overall communitywide GHG emissions from these activities as the City continues to grow through implementation of the General Plan Update. The General Plan Update includes goals and policies, and the CAP includes GHG reduction strategies that would result in a reduction in emissions. Therefore, implementation of the proposed project would not be inconsistent with the state’s ability to achieve the 2030 reduction target of SB 32. Therefore, impacts would be less than significant. Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse greenhouse gas emissions impacts to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. Impact 5.8-4: see Section C. Significant and Unavoidable Significant Impacts that Cannot be Mitigated to Below the Level of Significance. 9. Hazards and Hazardous Materials Impact 5.9-1: Project construction and operations of the proposed project could involve the transport, use, and/or disposal of hazardous materials; however, compliance Page 288 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 25 - with existing local, state, and federal regulations would ensure impacts are minimized. [Thresholds H-1, H-2, and H-3] During construction of future projects throughout the City, new development would potentially involve the use of hazardous materials, such as fuels, lubricants, paints, solvents, and greases in construction equipment and coatings used in construction. The release of hazardous materials could impact residents and businesses. However, future construction activities would be short term in nature, and the materials used would not require use or storage of hazardous materials in quantities that would pose a substantial safety hazard. Additionally, the use, transport, and disposal of construction-related hazardous materials would be required to conform to existing laws and regulations. Compliance with applicable laws and regulations would ensure that all potentially hazardous materials are used and handled in an appropriate manner and would minimize the potential for safety impacts to occur; and all contaminated waste would be required to be collected and disposed of at an appropriately licensed disposal or treatment facility. Grading and excavation of infill areas may expose construction workers and the public to known or potentially unknown hazardous materials in the soil groundwater. Although there are several sites in the City that the SWRCB and DTSC have identified as containing hazardous materials, remediation prior to construction activities would be required. Remediation would be required to satisfy the appropriate responsible agency––DTSC, RWQCB, or the San Bernardino County Fire Department–– and would prevent exposure of people and the environment to these hazards. Demolition of older buildings would be required to comply with the California Health and Safety Code, Occupational Safety and Health Administration (OSHA), and South Coast Air Quality Management District Rule 1403 related to the removal of asbestos containing materials and lead-based paints. Impacts would be less than significant. Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse hazards and hazardous materials impacts to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. Impact 5.4-2: The project site is not on a list of hazardous materials sites. [Threshold H-4] According to the SWRCB’s GeoTracker database, there are 34 hazardous materials sites in the City; these include 29 Leaking Underground Storage Tank (LUST) Cleanup Sites and five Cleanup Program Sites; however, the cases for all 29 sites have been completed and closed. Additionally, according to the DTSC’s EnviroStor database, there are 24 toxic substance sites within the City, including seven voluntary cleanup sites, 9 school investigation sites, six-tiered permit sites, one school cleanup site, and one non-operating site. Since there are sites undergoing investigation and/or remediation within the City, hazardous substance contamination on or adjacent to specific project developments in the City could impact existing residents and/or employees in the City. Future development in accordance with implementation of the General Plan Update may be impacted by hazardous substance contamination remaining from historical operations on a particular site. However, properties contaminated by hazardous substances are regulated at the federal, state, and local levels and are subject to compliance with stringent laws and regulations for investigation and remediation. Therefore, impacts resulting Page 289 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 26 - from buildout of the General Plan Update would be less than significant with the compliance with existing laws and regulations. Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse hazards and hazardous materials impacts to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. Impact 5.9-3: The project site is located in the vicinity of an airport or within the jurisdiction of an airport land use plan. [Threshold H-5] Rancho Cucamonga is located along major ground and air transportation corridors. As a result, a variety of human-caused hazards associated with air and ground transportation could impact the community. Proximity to airports requires consideration for land uses and development patterns to ensure airport operations will not conflict with surrounding uses. The city is approximately 3.2 miles north of the Ontario International Airport and 4.5 miles east of Cable Municipal Airport in Upland. The southwestern portion of the city (south of Church Street east to approximately Etiwanda Avenue) is in the Ontario International Airport Influence Area; thus, compliance with applicable regulations of the Federal Aviation Administration (FAA) would be required, and the Airport Land Use Compatibility Plan would be considered for any proposed project in the area. Considerations for new development would be airport-related safety, noise, airspace protection, and overflight factors. The City of Rancho Cucamonga participates in the airport land use planning process for Ontario International Airport, and new development in the Ontario Airport Influence Area would be consistent with the approved Airspace Protection Zones identified in the latest version of the Airport Land Use Compatibility Plan. Therefore, impacts would be less than significant. Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse hazards and hazardous materials impacts to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. Impact 5.9-4: Project development would not affect the implementation of an emergency responder or evacuation plan. [Threshold H-6] Future development under the proposed General Plan would result in construction activities that could temporarily affect roadways as a result of lane closures or narrowing for roadway and/or utility improvements. This could affect emergency response times or evacuation routes. The proposed project would increase the number of people who may need to evacuate the Plan Area in the event of an emergency. All existing roadway modifications and new roadways that would occur with implementation of the proposed project must be constructed based on industry and City designs standards, and future roadways would be required to demonstrate compliance with the Fire Department requirements pertaining to access/egress to ensure adequate emergency access. Implementation of the General Plan Update policies would minimize the potential for a roadway design that could hinder its use for emergency response or evacuation. Page 290 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 27 - Additionally, the City has developed and adopted an LHMP as an integrated component of the General Plan which reduces injury, loss of life, property damage, and loss of services from natural disasters and provides a comprehensive analysis of the natural and human-caused hazards that threaten the City with a focus on mitigation. In addition to the LHMP, the City would implement an Emergency Operations Plan (EOP), a Community Wildfire Protection Plan (CWPP), and an Evacuation Assessment to provide the framework for responding to major emergencies or disasters. Therefore, impacts would be less than significant. Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse hazards and hazardous materials impacts to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. 10. Hydrology and Water Quality Impact 5.10-1: Development pursuant to the General Plan would not violate water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality. [Threshold HYD-1] Urban runoff from storms or nuisance flows (runoff during dry periods) from development projects can carry pollutants to receiving waters. Runoff can contain pollutants such as oil, fertilizers, pesticides, trash, soil, and animal waste. This runoff can flow directly into local streams or lakes or into storm drains and continue through pipes until it is released untreated into a local waterway and eventually the ocean. Construction Activities Clearing, grading, excavation, and construction activities associated with buildout of the General Plan Update may impact water quality due to sheet erosion of exposed soils and subsequent deposition of particulates in local drainages. State and local regulations effectively mitigate construction stormwater runoff impacts from buildout associated with the General Plan Update. Future development would be required to comply with Chapter 19.04 of the Rancho Cucamonga Municipal Code, standard conditions of approval 5.10-1 and 5.10-2, and development projects with one or more acre of soil disturbance are required to comply with the Construction General Permit and associated local NPDES regulations to ensure that the potential for soil erosion is minimized. Additionally, project-specific SWPPPs are required in accordance with the site-specific sediment risk analyses based on the grading plans and must described construction BMPs. Operational Phase Development resulting from the General Plan Update may result in long-term impacts to the quality of stormwater and urban runoff, subsequently impacting downstream water quality. To help prevent long-term impacts associated with land use changes, development and significant redevelopment would be required to comply with Chapter 19.20, Municipal Separate Storm Sewer System (MS4), of the Rancho Cucamonga Municipal Code. Chapter 19.20 indicates that nonpriority and noncategory projects may be required to implement applicable site design LID and local implementation plan Page 291 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 28 - requirements. The BMPs, LIDs, and water quality treatment solutions prescribed in project-specific WQMPs would be designed to support or enhance the regional BMPs and efforts implemented by the City as part of its effort to improve water quality. With the implementation of federal, state, local regulations, and the goals and policies of the General Plan Update, runoff from the construction and operational phases of development pursuant to the General Plan Update would not violate any water quality standards or waste discharge requirements, and impacts would be less than significant. Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse impacts to hydrology and water quality to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. Page 292 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 29 - Impact 5.10-2: Buildout of the General Plan would generate a substantial increase in water demand but would not decrease groundwater supplies or interfere substantially with groundwater recharge such that the project would impede sustainable groundwater management of the basin. [Threshold HYD-2] The Cucamonga Valley Water District (CVWD) main sources of water supply are from groundwater pumped from the Chino Basin and imported surface water. The CVWD also uses groundwater produced from the Cucamonga Basin. In 2020, the total water supply was 51,516 acre-feet, and 26,933 acre-feet accounted for groundwater supply; the total water demand was 46,021 acre-feet, according to CVWD’s 2020 Urban Water Management Plan (UWMP). The UWMP indicates that the water supply would exceed the water demand for normal, single dry, and multiple dry years from 2025 through 2045. The 2020 UWMP projects a population of 236,573 in 2045, which exceeds the population projected for the proposed General Plan Update (233,088). Consequently, the UWMP overestimates the demand that would be generated by buildout of the General Plan Update. With the implementation of the policies from the General Plan Update, buildout of the General Plan would not substantially decrease groundwater supplies or interfere with groundwater recharge, and impacts would be less than significant. Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse impacts to hydrology and water quality to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. Impact 5.10-3: Development pursuant to the General Plan would increase impervious surfaces and therefore could alter drainage patterns, but would not increase the potential for erosion and siltation on- or off-site, or create runoff water that would exceed the capacity of storm drain systems, or provide substantial additional sources of polluted runoff, or impede or redirect flood flows. [Thresholds HYD-3 (i), (ii), (iii), and (iv)] Development within the General Plan area would result in an increase in impervious surfaces which could result in an increase in stormwater runoff, higher peak discharges in channels which has the potential to cause erosion or sedimentation in drainage swales and streams. Drainage patterns of new development would be largely maintained and would use the existing drainage facilities within the public right-of-way. Current runoff is captured and conveyed by existing storm drain infrastructure in the City and SOI. Standard flood control requirements for new development would minimize impacts of increased flows and volumes on downstream receiving waters. Implementation of proposed land uses in future redevelopment areas would not result in substantial increases in surface water peak flows or volumes over the existing conditions and would likely result in reduced discharges due to onsite water quality and LID features and BMPs. The proposed project would likely increase runoff in undeveloped areas but discharges would be required to remain within the parameters defined by the most current Drainage Plan or site-specific watershed study. Page 293 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 30 - All new development or significant redevelopment would be required to prepare a project-specific WQMP that would describe BMPs and site-design measures that would minimize stormwater runoff from the site. Additionally, standard erosion control measures would be implemented as part of the SWPPP for any proposed project to minimize the risk of erosion or sedimentation during construction. Though flood hazards cover approximately 3,857 acres of the City, other areas in the City may experience flooding during a heavy precipitation event. Flooding hazards have the potential to impact a significant amount of the community, but less than 10 percent of this area is subject to a 100-year event. Development within flood hazard areas would comply with flood protection standards that reduce vulnerability to flood impacts and ensure safe use and occupation of structures. Additionally, the proposed policies of the General Plan Update would reduce impacts to less than significant. Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse impacts to hydrology and water quality to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. Impact 5.10-4: The proposed project would not result in flood hazards associated with flood zones, tsunami, or seiche zones, or due to dam inundation. [Threshold HYD- 4] Flood Hazards The General Plan Update includes several policies that ensure development minimizes potential flood impacts (Policies RC 2.1, RC-2.3, S-4.1 through S-4.5). As discussed in Impact 5.10-3, of the DEIR, with the implementation of General Plan Update policies and federal, state, and local regulations, future development pursuant to the General Plan Update would not increase flood hazards associated with flood zones, and impacts would be less than significant. Tsunami The General Plan area is more than 30 miles northeast of the Pacific Ocean and is well outside of the tsunami inundation zone. No impacts would arise from tsunamis. Seiches Released water from a seiche would result in much smaller footprints than the dam inundation zones, and the probability of this occurring is extremely low. In the rare chance that a seiche does occur, the seiche would flow into the dam inundation zones, as illustrated in Figure 5.10-3, Dam Inundation Zones, of the DEIR. Implementation of the General Plan Update policies and federal, state, and local regulations would ensure that future development pursuant to the General Plan Update would not result in flood hazards, and impacts would be less than significant. Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse impacts to hydrology and water quality to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. Page 294 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 31 - Impact 5.10-5: Buildout of the General Plan would not obstruct or conflict with the implementation of a water quality control plan or sustainable groundwater management plan. [Threshold HYD-5] The Chino Basin Water Bank Strategic Plan is designed to promote and implement water storage and recovery programs in the Chino Basin. Impact 5.10-1, of the DEIR, details measures in place to ensure future development has a less than significant impact on surface and groundwater quality. These measures would also ensure that future development does not obstruct or conflict with the implementation of the UWMP. As discussed in Impact 5.10-2, of the DEIR, the water supply would exceed the water demand, and buildout of the General Plan Update would not substantially decrease groundwater supplies or interfere substantially with groundwater recharge. The project area is in adjudicated Chino Basin. The Sustainable Groundwater Management Act contains reporting requirements for adjudicated basins. Because the proposed General Plan Update is within an adjudicated basin and is consistent with the Chino Basin Water Bank Strategic Plan, which manages the basin, there would be no conflict with a sustainable groundwater management plan, and impacts would be less than significant. Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse impacts to hydrology and water quality to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. 11. Land Use and Planning Impact 5.11-1: Project implementation would not divide an established community. [Threshold LU-1] The design direction for the General Plan is to improve access and mobility for existing and future residents by providing vehicular connections and non-motorized transportation options. The land use pattern proposed in the General Plan increases building intensity in areas of the City that are already planned for commercial and high intensity development. These areas are accessed with major roadways and, as the proposed project is implemented, with additional transit and pedestrian pathways. The narrative of the proposed project indicates that connectivity is both a planning and an equity issue. Several of the General Plan Update policies would improve not only connectivity but compatibility between existing and future development. A primary goal of the General Plan Update is to retain the city’s current character, and several policies address consistency of new development with existing developments using materials, siting, and other design techniques. No aspect of the proposed General Plan Update would divide the existing city. In addition, the updated General Plan includes provisions that directly address land use connectivity, compatibility, and encroachment of new development on existing neighborhoods and land uses. Thus, the General Plan update would result in no impact regarding division of an established community or land use compatibility issues. Page 295 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 32 - Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse impacts to land use and planning to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. Impact 5.11-2: Project implementation would not conflict with applicable plans adopted for the purpose of avoiding or mitigating an environmental effect. [Threshold LU-2] Consistency with Regional Transportation Plan/Sustainable Community Strategy The growth in population projected for the General Plan Update is not fully accounted for in the 2016- 2040 SCAG growth forecasts because those forecasts were made before the sixth cycle regional housing needs assessment (RHNA) estimates, which resulted from a statewide housing crisis. The 2040 population projection for Rancho Cucamonga in the RTP/SCS is 204,300 which is less than the projected population for planning period buildout of the General Plan Update of 233,088. Because the proposed project may result in the City’s population exceeding the 2040 population forecast for the City, this could be considered a conflict. However, the General Plan is both consistent with the goals of the RTP/SCS and would further state goals through emphasis on design and reduction in VMT. While the proposed project would eliminate the new interchange at the intersection of Arrow Route and I-15, as identified in the RTP/SCS, congestion is not considered an environmental effect. Further, adding roadway capacity could also encourage additional automobile use which could increase VMT and associated impacts. As shown in Table 5.11-1, SCAG 2016 RTP/SCS Goal Consistency Analysis, and Table 5.11-2, SCAG 2020 Connect SoCal Goal Consistency Analysis, of the DEIR, the proposed project would be consistent with SCAG’s goals. Consistency with City Land Use Plans and Regulations The proposed project would require an update to the City’s Municipal Code and Zoning Map, and will replace or amend specific plans and master plans previously adopted. When an existing plan is recommended to be repealed and replaced with existing districts or new districts, all citywide regulations that apply to that district, including citywide design regulations would apply. Following the amendments to the zoning code, if zoning and General Plan land use designations are not identical, General Plan policies would be consulted for guidance in amending the Zoning Ordinance for consistency with the updated General Plan during consideration of any development project. The update to the zoning code will follow this project and bring the code into consistency with the General Plan and will tier from this EIR. Once the code is amended, there will be no inconsistency between the General Plan and the zoning code. Municipal Code: Tree Preservation Regulations Section 17.80, Tree Preservation, of the Rancho Cucamonga Municipal Code protects trees that are community resources from indiscriminate cutting or removal. The ordinance establishes procedures for the removal and replacement of trees. The proposed General Plan continues to support this ordinance. Page 296 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 33 - None of the changes in the General Plan Update would affect plans, policies, or regulations of other agencies that have jurisdiction within the planning area. Most of the design of the General Plan Update is intended to address state and global issues related to climate change and reduce vehicle miles travelled. As individual projects are considered by the City, those proposed projects would be subject to a variety of federal, State, and locally adopted plans designed to mitigate environmental impacts or to preserve important resources. Plans and policies related to specific resource issues are addressed in those specific sections of this EIR. No conflicts between the specific resources and a policy or regulation of another agency would occur because of the proposed project. Therefore, impacts would be less than significant. Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse impacts to land use and planning to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. 12. Mineral Resources Impact 5.12-1: Project implementation would not result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state or result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan. [Threshold M-1 and M-2] Regionally Important Mineral Resources The designated aggregate resource sectors are at the northern end of the City, where limited urban development is present. The majority of these areas are planned for Open Space, Conservation, Flood Control/Utility Corridor, or Hillside Residential that allows low density development. The resource area along Deer Canyon and Deer Creek is designated Flood Control/Utility Corridor and will continue to provide future access to underlying aggregate resources. According to the proposed land use plan, the north sections of the Deer Creek and Day Creek Channel are planned for moderate change over the next 15 to 20 years, at Etiwanda Heights Town Center, to become a traditional neighborhood, and additional sectors would retain Open Space use and Flood Control/Utility Corridor designations to maintain access to underlying mineral resources. Future residential uses near this area would preclude mining operations on the residential site and adjacent areas. The Etiwanda Heights Town Center development area contains a closed sand and gravel mining operation that has no intent to resume. The State Geologist released an updated designation report for the termination of mineral resource designation for 18 areas in 11 sectors due to the presence of adjacent incompatible land use developments. Among these are C-2 on the Upper Cucamonga Fan and portions of D-3 on the Deer Creek Fan. Although two new sectors were proposed for designation in the San Bernardino Production-Consumption region, another 57 areas in eight sectors were processed for termination, which included portions along the San Sevaine Wash. Though there are aggregate mineral resources in the City, no mine is currently operating within the City or SOI boundaries, and no impact would occur. Page 297 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 34 - Locally Important Mineral Resources Construction of future development and redevelopment in the City would require sand and gravel resources for roadways, infrastructure, and building construction. These resources would be derived from local sources in the City or other nearby areas. The City contains approximately 1,119 acres classified as containing aggregate resources, and 1,411 acres containing aggregate resources are in the SOI. Since the City does not have any active mining operations, resource demand would have to be met from other available resources in the region. There are additional sand and gravel mining sites within 1.5 miles of Rancho Cucamonga, including the Holliday Rock Campus Plant and the Kaiser Fontana Mine. These mining operations would not be impacted by the proposed project and would also help to provide the required resources. Thus, there would be no impact due to the potential loss of availability of these local resources due to future development. Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse impacts to mineral resources to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. 13. Noise Impact 5.13-1: see Section C. Significant and Unavoidable Impacts that Cannot be Mitigated to Below the Level of Significance. Impact 5.13-2: see Section C. Significant and Unavoidable Impacts that Cannot be Mitigated to Below the Level of Significance. Impact 5.13-3: The project could generate a substantial permanent increase in stationary noise at noise-sensitive uses that exceed City Standards. [Threshold N-3] Development under the proposed project would include various stationary noise sources. To evaluate increases in operational stationary noise sources associated with new development, the adopted standards contained in Development Code Section 17.66.050(F) were applied. Specifically, daytime (7:00 a.m. to 10:00 p.m.) standards of 65 dBA Leq/50 dBA Leq (exterior/interior) and nighttime (10:00 p.m.-7:00 a.m.) standards of 60 dBA Leq/45 dBA Leq (exterior/interior) are used in this analysis to determine significance. It should be noted that exterior standards are established such that if complied with, interior noise standards would also be achieved. Thus, this analysis only addresses exterior noise levels. Loading docks associated with commercial and industrial uses can result in noise levels of 77 dBA Leq at 100 feet, exceeding daytime exterior noise standards within 300 feet of the source and nighttime exterior standards within 450 feet of the source. In addition, stationary equipment such as fans, Page 298 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 35 - compressors, or pumps can generate noise levels of 70 dBA Leq at 50 feet, exceeding daytime exterior noise standards within 80 feet of the source and nighttime exterior standards within 120 feet of the source. Because new commercial and industrial development under the proposed project would occur in proximity to existing development, and would include new mixed use development involving commercial and residential land uses in proximity to one another, consistent with the overarching goals of the General Plan Update’s land plan and vision, new stationary equipment and activities associated with development under the 2040 General Plan could result in substantial stationary noise level increases that exceed adopted exterior, and therefore interior, noise standards. This impact would be potentially significant. However, implementation of standard condition of approval 5.13-3 would require project applicants to analyze and mitigate potential noise impacts from new stationary noise sources to comply with the City’s daytime noise standard. Therefore, with the implementation of proper noise-attenuating measures, this impact would be reduced to less than significant. Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse noise impacts to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. Impact 5.13-4: see Section C. Significant and Unavoidable Impacts that Cannot be Mitigated to Below the Level of Significance. Impact 5.13-5: see Section C. Significant and Unavoidable Impacts that Cannot be Mitigated to Below the Level of Significance. 14. Population, Housing, and Employment Impact 5.14-1: Induce substantial unplanned population growth in an areas, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure). [Threshold PH- 1] Table 5.14-4, of the DEIR, projects the planning period buildout 2040 population to be 233,088 which is higher than the SCAG projection of 203,400. The proposed project focuses change along major transportation corridors and in areas of the City already planned for growth (see Figure 1-1, Degrees of Change Map in Volume 1 of the General Plan Update). The General Plan Update anticipates that growth over the planning period will be higher than the 2016 projection provided by SCAG. The SCAG estimate, as shown in Table 5.14-4 projects a 2040 population of 204,300 for an annual growth rate of approximately 0.81 percent. Development projection for the City, as shown in Table 3-2, of the DEIR, projects a 2040 population of 233,088 for Page 299 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 36 - an average annual growth rate of 1.43 percent, approximately 0.62 percent higher than the SCAG projection. Table 5.14-6, of the DEIR, shows the growth potential of the proposed General Plan which reflects a 50 percent reduction in the theoretical development potential for each land use due to several factors such as not all property owners will want to develop and there might be other existing development or physical constraints on individual sites that have not been considered. The RTP/SCS and associated growth projections were prepared to prior to the COVID pandemic, and the recent RHNA assigned as part of the sixth cycle housing element. As such, the projections do not reflect changes in market conditions. The current jobs to housing ratio for the City is 1.44 as shown in Table 5.14-5, of the DEIR, the rate of employed resident to job is 1.08, and nearly 85 percent of the residents commute outside of the city for employment. The low ratio results in lengthy commutes and adds to the high vehicle miles travelled estimate for the City. Based on Table 3-2, of the DEIR, approximately 21,647 jobs would be generated at buildout which is slightly higher than the 19,221 jobs projected by SCAG for 2040 in the RTP/SCS. The General Plan Update accommodates future growth in the City by providing for infrastructure and public services to accommodate the projected growth. Proposed policies under the General Plan Update also ensure that the City provides adequate housing choices for various income levels. By focusing development in areas of the existing General Plan that are designated for intense growth, the General Plan Update would not directly or indirectly result in substantial unplanned population growth in the Plan Area. Implementation of the proposed project would result in a less than significant impact relating to population growth. Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse impacts to population, housing, and employment to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. Impact 5.14-2: Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere. [Threshold PH-2] Government Code Section 66300(d)(2) requires that any project that would demolish residential units must create at least as many units as will be demolished. As shown in Table 3-2, of the DEIR, the planning period buildout projects approximately 25,685 new dwelling units. The combination of adding residential uses to existing non-residential land use designations and focusing growth in areas of the city that do not have high concentration of housing, and avoiding existing, established neighborhoods, reduces the potential to displace substantial numbers of people or housing. As a result, new development in the city would not displace substantial numbers of existing people or housing, and the impact would be less than significant. Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse impacts to population, housing, and employment to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. Page 300 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 37 - 15. Public Services Impact 5.15-1: The proposed project would introduce new structures, residents, and workers into the Rancho Cucamonga Fire Protection District’s service boundaries, thereby increasing the requirement for fire protection personnel. [Threshold FP-1] The General Plan Update anticipates that the City’s permanent population will increase by approximately 60,000 residents over the next 20 years. Additionally, the General Plan Update anticipates an increase in the number of businesses that will be operating in Rancho Cucamonga. Based on consultation with the Fire District, the anticipated increases in population and businesses can be adequately served by existing fire stations and the planned opening of Stations 178 and 179. The adoption of the General Plan Update would not in itself create a need for new or altered facilities. If the General Plan Update is implemented as proposed, the currently planned additional response capacity that will result from staffing Stations 178 and 179 would be needed to continue delivering the current level of service to existing and new residents and businesses. If service demands begin to exceed the service capacity of the existing and planned stations and their current and proposed staffing, the Fire District will consider adding additional companies to the response system. All existing stations, along with Stations 178 and 179, can accommodate additional companies without having to physically expand the stations. All development in the city that results from the implementation of the General Plan Update will be reviewed by the Fire District for compliance with applicable provisions of the California fire and residential codes and the Fire District’s Standards and Guidance documents. This will ensure that all future development will benefit from the most current fire prevention and safety standards, which is expected to help keep service demands within projected year-over-year increases. Because adoption of the General Plan Update would not create an immediate need for increased or enhanced response capacity, the impact of the adoption of the General Plan Update would be less than significant to fire protection. Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse impacts to public services to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. Impact 5.15-2: The proposed project would introduce new structures, residents, and workers into SBSD’s service boundaries in the City, thereby increasing the requirement for police protection personnel. [Threshold PP-1] Upon implementation of the General Plan Update, the San Bernardino County Sherriff’s Department (SBSD) would maintain appropriate staffing to ensure compliance with local and regional standards for response times and coverage. As the City’s population increases, additional staff will be required. Based on the department’s current staffing ration of 1 officer for every 1,614 residents, the incremental development resulting from implementation of the proposed project would result in the demand for Page 301 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 38 - approximately 37 additional law enforcement officers to maintain the current level of service. This increase in demand for police services would be met through the hiring of additional staff, as needed, which would be funded through existing funding mechanisms, such as the general fund revenue and grant funding. The demand can be served with additional patrols; however, no additional police stations would be required to support the additional officers. Therefore, impacts would be less than significant. Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse impacts to public services to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. Impact 5.15-3: The proposed project would generate new students who would impact the school enrollment capacities of area schools. [Threshold SS-1] Implementation of the proposed project could result in the development of up to approximately 17,300 dwelling units in the City. Assuming 0.5 student per residential unit, buildout of the General Plan could generate approximately 8,650 K-12 students, or approximately 665 per grade. The City is served by 29 elementary schools, 7 middle schools, and 4 high schools; these existing schools could likely serve these new students, but depending upon the location of new development, new school facilities could be required. As development projects are proposed, the appropriate school districts will be notified and would participate in the review process, which would allow for school planning purposes. In addition, pursuant to SB 50, each of the school districts can collect school impact fees as new development occurs, which would fund school resources. Though these impact fees may not provide full funding for all necessary resources, exceeding school capacity would not be considered a physical impact under CEQA, and payment of fees is considered full mitigation. Therefore, buildout of the proposed General Plan Update would result in a less than significant impact related to schools. Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse impacts to public services to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. Impact 5.15-4: The proposed General Plan Update would not result in a substantial adverse physical impact related to construction of facilities for the provision of library services. [Threshold LS-1] Implementation of the proposed General Plan Update would result in an increase in which would increase the demand for library services. While the City does not have any currently planned library facilities, the Development Impact Fee program was developed to provide library space and replacement cost of the Library’s collection. Library construction, if needed in the future, would be subject to all applicable regulations and standard conditions of approval identified throughout this EIR. There would be no additional impact with respect to the provision of libraries, and impacts would be less than significant. Page 302 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 39 - Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse impacts to public services to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. 16. Recreation Impact 5.16-1: The proposed project would generate additional residents that would increase the use of existing park and recreational facilities. [Threshold R-1] Buildout of the proposed project would result in an estimated population of 233,088 residents by 2040, increasing the existing population in the City and SOI from 175,522 in 2020, which would increase the use of existing park and recreational facilities. The City’s park standard is 5 acres of parkland per 1,000 residents and also includes a requirement for open space to be within a 10-minute walking distance from homes and jobs. With 644 acres of existing parks and recreational facilities, the City currently provides approximately 3.64 acres per 1,000 residents. Using the City’s established park standard of 3 to 5 acres for every 1,000 residents, between 532.9 and 888.01 acres of parkland would be required to meet the standard based on the current population. With the existing total area of 644 acres of parkland, trails and special use facilities, the city currently exceeds the minimum City standard. With the annexation of the North Etiwanda Preserve into the city, approximately 4,393 acres of land has been incorporated into the City’s jurisdiction. Approximately, 3,565 acres is expected to be maintained as a “Rural/Conservation Area”, with existing and planned preserves and hiking trails, and approximately 828 acres would be designated as a “Neighborhood Area”, in which the open space character of the foothills would extend into the neighborhoods. With the inclusion of the recently acquired North Etiwanda Preserve into the City’s jurisdiction, there is more than adequate publicly available recreational land within the city and its SOI to satisfy recreational opportunities for local residents. Therefore, impacts would be less than significant. Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse impacts to recreational facilities to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. Impact 5.16-2: Project implementation would result in environmental impacts to provide new and/or expanded recreational facilities. [Threshold R-2] Based on the City’s projected population growth, as well as the City’s availability of funds, portions of undeveloped land would be improved as parks and recreational facilities. The development and operation of future new or expanded parks and recreational facilities may have an adverse physical effect on the environment. These adverse physical effects include impacts to air quality, biological resources, lighting, noise, and traffic, among others. Environmental impacts associated with the construction of new and/or expanded recreational facilities in accordance with the proposed land use Page 303 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 40 - plan are addressed in the other technical sections of the DEIR. Subsequent environmental review for individual park developments would be required. Potentially adverse impacts to the environment that may result from the expansion of parks and recreational facilities would be reduced with the implementation of the General Plan Update’s goals and policies, as well as existing federal, state, and local regulations. Impacts would be less than significant. Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse impacts to recreational facilities to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. 17. Transportation Impact 5.17-1: The proposed project potentially creates an inconsistency with the adopted RTP/SCS which notes a future interchange at Arrow Route and I-15. [Threshold T-1] The RTP/SCS (RTP ID Number 200152) identifies a new interchange at the intersection of Arrow Route and I-15 which would be eliminated under the proposed project, and therefore, this would create a potential inconsistency with RTP/SCS. To determine the impact of this facility removal, VMT forecasting with and without this future interchange was completed, to determine if its elimination would increase or decrease VMT. The VMT forecasting results indicate that VMT in the City would decrease by 8,729 VMT per weekday within the City limits. This indicates that removing the Arrow Route interchange at I-15 would result in a benefit to VMT within the City, making the impact less-than-significant. Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse transportation impacts to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. Impact 5.17-2: see Section C. Significant and Unavoidable Impacts that Cannot be Mitigated to Below the Level of Significance. Impact 5.17-3: The project would not substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment). [Threshold T-3] The City of Rancho Cucamonga has adopted engineering standards to ensure consistency in the geometric design of their mobility facilities. Additionally, all plans undergo an extensive review process at the City to ensure consistency with these adopted standards. Given that all future projects will be subject to these reviews, this impact is considered less than significant. Page 304 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 41 - Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse transportation impacts to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. Impact 5.17-4: The project would not result in inadequate emergency access. [Threshold T- 4] The City of Rancho Cucamonga has adopted standards related to emergency accessibility. Additionally, the fire department reviews all development applications to ensure that adequate emergency accessibility is provided based on local and state guidance. Since all future projects will undergo such reviews and requirements, this impact is considered less than significant. Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse transportation impacts to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. 18. Tribal Cultural Resources Impact 5.18-1: The proposed project would not cause a substantial adverse change in the significance of a tribal cultural resource that is listed or eligible for listing in the California Register of Historical Resources or in a local register of historical resources as defined in Public Resources Codes section 5020.1(k). [Threshold TCR-1 (i, ii)] In accordance with AB 52, the City notified six local tribes about the proposed project on June 1, 2021, to determine the potential for tribal cultural resources onsite and to determine if local knowledge of tribal cultural resources is available in the Plan Area and surrounding areas. The San Manuel Band of Mission Indians responded on June 8, 2021, requesting information on the General Plan Update. Information on the General Plan Update was provided to San Manuel Band of Mission Indians on June 21, 2021. The Gabrieleño Band of Mission Indians – Kizh Nation responded on June 2, 2021, and declined consultation. At the time of future development, the City will consult with tribes and the City will discuss the City’s standard conditions of approval with the tribes. The City also requested a local government tribal consultation list from the California Native American Heritage Commission (NAHC) on June 1, 2021. The tribal consultation list was requested in accordance with SB 18 requirements for a general plan. The NAHC responded on June 15, 2021, and provided a list of tribes for the City to contact regarding potential consultation. The City sent initial notification letters to 16 California Native American tribes and tribal contacts on June 21, 2021 from the NAHC listing. No responses have been received by the City from the tribes on the tribal consultation list provided by the NAHC. In addition to the NAHC list, the City notified 6 local tribes (which included the Kizh nation) in accordance with AB 52 and the Gabrieleno Band of Mission Indians responded. Page 305 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 42 - Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse transportation impacts to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. 19. Utilities and Service Systems Impact 5.19-1: Sewer and wastewater treatment systems are adequate to meet project requirements. [Thresholds U-1 (part) and U-3] The IEUA operates the wastewater Regional Plant No. 4 within Rancho Cucamonga, which has a treatment capacity of 14 MGD; the current average treatment volume at the facility is 10 MGD. The Wastewater Treatment Plants are expected to have adequate capacity to service the Regional Collection System’s needs through 2030 and would result in a less than significant impact. Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse impacts to utilities and service systems to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. Impact 5.19-2: Water supply and delivery systems are adequate to meet project requirements. [Thresholds U-1 (part) and U-2] Rancho Cucamonga is served by CVWD for water and operates the water delivery systems to customers. The current and planned sources of water available through at least 2045, listed in Table 5.19-1, of the DEIR,show the volumes of water expected to be available for decades to come. The population within CVWD’s service area is expected to increase to 236,573 by 2045 from the current population of approximately 198,979. CVWD projects that it will have adequate water supplies through 2045. In addition, water conservation efforts by CVWD and the City will help to make the city more resilient during drought periods and future climate change impacts. Therefore, the impact would be less than significant. Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse impacts to utilities and service systems to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. Impact 5.19-3: Existing and/or proposed storm drainage systems are adequate to serve the drainage requirements of the proposed project. [Threshold U-1 (part)] The City’s drainage plans provide a drainage system consisting of regional mainline, secondary regional, and master plan facilities that will adequately convey a 100-year storm event based upon certain drainage criteria. Page 306 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 43 - Development in the undeveloped portions of the City that have no flood control improvements would have to provide the necessary infrastructure to accommodate storm drain needs. Also, development within the Southeast Industrial Area (Focus Area 8) may be required to provide on-site detention facilities to prevent flood hazards. Continued implementation of the Master Plan of Drainage-Westside Area and the Etiwanda/San Sevaine Area Drainage Policy, with its associated Etiwanda Area Master Plan of Drainage, would fund the improvement of the storm drainage systems in these areas. Storm drainage system improvements in other areas of the city are constructed in accordance with the storm drain plan in the applicable Specific Plan or Community Plan. Compliance with this standard condition would result in the development and/or improvement of the storm drainage systems and prevention of flood hazards. The potential environmental impacts of construction of the necessary storm drain facilities would be assessed on a project-by-project basis as proposed projects pursuant to the General Plan Update is implemented. Therefore, impacts related to flooding or drainage system capacity of water bodies downstream of the site would be reduced to less than significant levels. Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse impacts to utilities and service systems to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. Impact 5.19-4: Existing and/or proposed facilities would be able to accommodate project- generated solid waste. [Threshold U-4] Solid waste collection, transport, and disposal are handled by a contracted private firm that hauls collected materials to several regional landfills and materials recovery facilities. For household waste disposal, Rancho Cucamonga utilizes a three-container system for recycling, organics collection, and waste disposal. Solid waste generated in the city is transferred to Burrtec’s West Valley MRF. Solid waste that is not diverted is primarily disposed at Mid-Valley Landfill which has a remaining capacity of 61,219,377 cubic yards (cy), and an anticipated close date of 2045. Thus, existing facilities have ample capacity to accommodate increased volumes of waste from the city through 2040, and impacts would be less than significant. Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse impacts to utilities and service systems to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. Impact 5.19-5: The proposed project would comply with federal, state, and local statutes and regulations related to solid waste. [Threshold U-5] The proposed project would comply with the CALGreen Building Code Standards, which requires that at least 65 percent of nonhazardous construction and demolition waste from nonresidential construction operations be recycled and/or salvaged for reuse. Furthermore, the proposed project would also comply with the requirements of AB 341 that mandates recycling for commercial land uses. Additionally, any organic waste generated in amounts over a certain threshold would be recycled in Page 307 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 44 - accordance with AB 1826. Therefore, the proposed project would comply with all applicable federal, State, and local solid waste regulations and impacts would be less than significant. Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse impacts to utilities and service systems to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. 20. Wildfire Impact 5.20-1: Buildout of the proposed project would not substantially impair an adopted emergency response plan or emergency evacuation plan. [Threshold W-1] The City of Rancho Cucamonga has prepared an EOP and an Evacuation Assessment to ensure the most effective allocation of resources during times of emergency for the maximum benefit and protection of the civilian population. The City’s LHMP is designed to provide mitigation measures to address local hazards, and the City’s Community Wildfire Protection Plan (CWPP) assists the community to define level of risk, assess vulnerability, provide guidance for reducing risks, manage vegetation fuels, increase preparedness, formulate pre-fire response and evacuation plans, and increase community resiliency. Buildout under the proposed project would not result in substantial changes to the circulation patterns or emergency access routes in the City or SOI. The Emergency Management Division of the RCFPD coordinates emergency management functions within Rancho Cucamonga and the RCFPD adheres to the Standardized Emergency Management System (SEMS) and the National Incident Management System (NIMS). During an emergency, standard emergency response procedures of the Rancho Cucamonga Police Department and RCFPD are conducted in tandem. ReadyRC, the Academy that prepares individuals for various emergencies and disasters has published a guide that includes evacuation routes and centers that residents can use during emergencies. Future development would be required to comply with applicable fire and building codes. To ensure emergency services in the City and SOI are not impaired by future development, all development projects in the City and SOI are reviewed by the RCFPD prior to approval. RCFPD has amended the Fire Code to require two points of access for all new development and for areas proposing increased residential densities. Additionally, proposed General Plan policies would ensure effective emergency response. Therefore, impacts would be less than significant. Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse wildfire impacts to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. Page 308 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 45 - Impact 5.20-2: The proposed project would not exacerbate wildfire risks due to slope, prevailing winds, and other factors, thereby exposing project occupants to elevated particulate concentrations from a wildfire. [Threshold W-2] The City of Rancho Cucamonga and its SOI are vulnerable to and at significant risk of wildfires. During a wildfire event, people within the air basin are exposed to elevated levels of particulates. The type and extent of vegetation and fuel, wind and climatic patterns, general topography and canyons, and other local characteristics make the City more vulnerable to wildfires. Residential neighborhoods, commercial zones, and open space are all located in the Wildland Urban Interface Area (WUIFA), and buildout of the proposed project would result in new development in the WUIFA, thereby placing more assets in the VHFHSZ. To protect development in the WUIFA, the city requires adherence to a wide range of state and local codes (California Fire Code, CAL FIRE fire safe design requirements, City Fire and Public Works Standards, RCFPD wildfire requirements, and other standards). With adherence to these building practices and wildfire management requirements, as well as the policies in the General Plan Update, impacts would be less than significant. Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse wildfire impacts to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. Impact 5.20-3: The proposed project would require the installation and maintenance of associated infrastructure in areas that are undeveloped or vacant which could exacerbate fire risk or may result in temporary or ongoing impacts to the environment. [Threshold W-3] Buildout of the General Plan Update would result in additional infrastructure, such as roadways and transmission lines, in underdeveloped and undeveloped areas of the City and SOI in order to serve new development. Some of this new infrastructure would likely be constructed in the WUIFA or VHFHSZ. To protect development in these areas from the risk of wildfire, the City requires adherence the regulations under the California Fire Code that provide minimum standards to increase the ability of a building to resist the intrusion of flames or embers from a vegetation fire and building with materials that meet performance standards, CAL FIRE fire-safe design requirements that include standards for setbacks and maintenance of defensible space and for secondary egress, the City’s standard conditions of approval, RCFPD wildfire requirements that include steps for home maintenance and landscaping practices, as well as emergency and evacuation preparation, and other standards and recommendations outlined in the City’s EOP, Evacuation Assessment, LHMP, and CWPP. Additionally, the General Plan Update policies would minimize risk from wildfire hazards. Therefore, impacts would be less than significant. Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse wildfire impacts to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. Page 309 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 46 - Impact 5.20-4: The proposed project would not expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes. [Threshold W-4] Flooding Flood hazard zones cover approximately 3,857 acres of the City while other areas within the City may experience flooding during a heavy precipitation event. Less than 10 percent of the City and SOI are subject to a 100-year flood event, although flood hazards have the potential to impact a significant amount of the community. The counties of Orange, Riverside, and San Bernardino are working with the U.S. Army Corps of Engineers (USACE) to design and construct the Santa Ana River Mainstream Project which will provide increased flood protection to the communities in the three counties, and will include specific environmental restoration projects. It is anticipated that the project may be completed in 2021, pending Federal appropriations. Development in flood hazard areas would be required to comply with flood protection standards that reduce vulnerability to flood impacts and ensure safe use and occupation of structures, such as Municipal Code 19.12, Floodplain Management Regulations. Additionally, the proposed project includes policies which would reduce or minimize run-off to less than significant. Landslides and Debris Flow Areas with steep slopes, adverse joints or deep weathering have a potential for failure. Within the City and SOI, potential landslides or slope failure are expected in areas with steep slopes in the northwestern corner. Additionally, slopes steeper than 25 percent are found on Red Hill and at the foothills north of the City. Areas with rock fall hazards are confined to the hillsides at the northern edge of the City and SOI. Streams systems from the eastern San Gabriel Mountains created alluvial fans beneath the City; these fans and washes represent debris flow events in the recent geologic period. Development in the hillsides is regulated by Chapter 17.52, Hillside Development, of the Municipal Code, which includes design standards and guidelines intended to facilitate the appropriate development of hillside areas. Therefore, impacts would be less than significant. Finding. Compliance with existing regulatory requirements, standard conditions of approval, and General Plan Policies would minimize adverse wildfire impacts to less than significant levels. Accordingly, no changes or alterations to the proposed project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. C. SIGNIFICANT AND UNAVOIDABLE SIGNIFICANT IMPACTS THAT CANNOT BE MITIGATED TO BELOW THE LEVEL OF SIGNIFICANCE The following summary describes the unavoidable adverse impact of the proposed project where there were no feasible mitigation measures or no further standard conditions of approval that could reduce the impact to below the threshold of significance. The following impacts would remain significant and unavoidable: Page 310 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 47 - 1. Aesthetics Cumulative Impacts Cumulative aesthetic impacts are based on potential changes to the visual quality in the City, the SOI, and the surrounding area. More intense urban development in Rancho Cucamonga and in the adjacent cities and unincorporated County area is expected as vacant land is used for development of new residential, commercial, light industrial and other institutional or public land uses, or the redevelopment of older structures. This future development would alter the visual quality of the landscape through the introduction of structures in currently open areas and the redevelopment of older structures to other land uses or to higher density/intensity uses. Future development would contribute to the cumulative loss of undeveloped land in Rancho Cucamonga, adjacent cities, and San Bernardino County. The permanent change in visual character of the city and surrounding areas from past and future development would be considered a significant cumulative impact. Future development and redevelopment proposed under the General Plan Update would remain consistent with the design standards of the City’s current General Plan and standard conditions of approval, and would be subject to discretionary review by the Planning Commission and/or City Council as well as final design review by the Design Review Committee. All development that adheres to the General Plan Update goals and policies, municipal code, standard conditions of approval, and development standards would result in less than significant aesthetic impacts. However, although the visual character of Rancho Cucamonga and its SOI would only incrementally change as development intensity increases, when combined with past development in the city and SOI, the General Plan’s contribution to the visual impact would be cumulatively considerable. While compliance with the General Plan Update goals and policies, the City’s standard conditions of approval, and the municipal code would prevent light spillover and adverse impacts on adjacent light- sensitive uses, when combined with past and future development in the adjacent cities and unincorporated County area, the project’s contribution to the cumulative impact would be cumulatively considerable. Mitigation Measures There are no feasible mitigation measures. Finding Because the actions of the City cover both discretionary projects that are subject to CEQA and ministerial projects that are not, the City drafted standard conditions of approval that would apply to all land use decisions. In addition, the General Plan includes policies and standard conditions of approval that are specifically designed to avoid or substantially lessen the significant environmental effect as identified in the DEIR. The General Plan policies and standard conditions of approval, including a mitigation measure that requires application to them are included in MMRP. The City hereby finds that the implementation of the standard conditions of approval and General Plan policies are feasible, and are therefore adopted. Page 311 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 48 - Specific economic, legal, social, technological or other factors, that would mitigate this impact to a less- than-significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the standard conditions of approval and General Plan policies listed in the MMRP and the alternatives identified in the EIR, as discussed in Section IV of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the proposed project outweigh its significant effects on the environment. 2. Agriculture and Forestry Resources Impact 5.2-1: The proposed project would convert Farmland to nonagricultural uses, but would not result in the conversion of forest land to nonforest uses. [Thresholds AG-1 and AG-5] Though Rancho Cucamonga is largely developed, pockets of agricultural land remain, predominantly in the form of vineyards and orchards that are remnants from the city’s agricultural heritage. Of the total 7,352 acres of farmland in the Plan Area (City of Rancho Cucamonga and SOI), approximately 13.37 acres are designated Prime Farmland, 125.12 acres are Unique Farmland, and 0.06 acres are Farmland of Statewide Importance. The proposed Land Use Plan does not include an agricultural designation. The 3,796.14 acres with a Rural Open Space designation in the proposed Land Use Plan would allow for existing conventional agricultural uses to continue. However, the City expects that all conventional agriculture would eventually be developed according to the land use designation of each parcel. Although unconventional agriculture would continue to be operational (e.g. indoor growing, community plots, etc.), no agricultural lands designated by the FMMP as Prime Farmland, Unique Farmland, and Farmland of Statewide Importance would be preserved under the General Plan Update. Therefore, the proposed project would convert approximately 7,352 acres of agricultural land to nonagricultural uses, including 13.37 acres of Prime Farmland that would continue to be designated Low Density Residential and Very Low Density Residential. Future development associated with buildout of the proposed General Plan Update Land Use Plan could result in the conversion of these farmland areas to nonagricultural uses, a significant impact. Preservation of off-site agricultural land is not feasible due to the developed nature of the city and the region. Preserved land would likely be in a developed portion of a city surrounded by urban uses and could be subject to nuisance complaints and development pressure. Therefore, there are no feasible mitigation measures to address this impact under the proposed land use plan, and impacts would be significant and unavoidable. Grazing lands include scattered undeveloped lands in the city and the foothills of the San Gabriel Mountains. The loss of small, scattered undeveloped lands for grazing would not adversely affect Farmlands, nor would it result in a significant impact related to the conversion to nonagricultural uses. Page 312 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 49 - Additionally, the Plan Area does not include lands that qualify as forest land of timberland. Therefore, no impacts would occur related to the loss or conversion of forest land to a nonforest use. Mitigation Measures There are no feasible mitigation measures. Finding Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the DEIR The changes are identified in the form of the standard conditions of approval and General Plan policies listed in the MMRP. The City hereby finds that the implementation of the standard conditions of approval and General Plan policies are feasible, and are therefore adopted. Specific economic, legal, social, technological or other factors, that would mitigate this impact to a less- than-significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the standard conditions of approval and General Plan policies listed in the MMRP and the alternatives identified in the EIR, as discussed in Section IV of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the proposed project outweigh its significant effects on the environment. 3. Air Quality Impact 5.3-2: The proposed project would cause construction-generated criteria air pollutant or precursor emissions to exceed South Coast AQMD’s recommended thresholds. [Threshold AQ-2] The General Plan Update would accommodate future development of varying land uses which would generate construction-related emissions of criteria air pollutants and precursors, including VOC, NOx, PM10, and PM2.5 from site preparation, off-road equipment, material delivery, worker commute trips, and other activities. Fugitive dust emissions PM10 and PM2.5, emissions of ozone precursors, paving, and application of architectural coatings would result from construction activities. Specific construction phasing and intensity are unknown. The levels of emissions generated through these activities would depend on the characteristics of individual future development projects under the General Plan Update, including the size and type of land uses being developed, which would determine the length and intensity of construction activity. Construction activities were assumed to occur at a constant rate over the General Plan Update horizon period of 19 years to provide an illustrative analysis of construction emissions. Construction emission estimates were modeled and are shown in Table 5.3-9, Modeled Maximum Daily Emissions of Criteria Air Page 313 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 50 - Pollutants and Precursors Emissions (lb/day), of the DEIR. As shown in Table 5.3-9, construction activity associated with the General Plan Update would generate VOC, NOX, and PM10 emissions in excess of South Coast AQMD’s recommended thresholds. Construction activities resulting from implementation of the General Plan Update could contribute substantially to the SoCAB’s nonattainment status for ozone, PM10, and PM2.5 and could result in an increase in the potential for adverse health impacts from these pollutants. Implementation of policies and action items from the General Plan Update would reduce construction- generated emissions of criteria air pollutants and precursors, but it cannot be guaranteed that emissions from individual discretionary projects would be reduced to below the South Coast AQMD thresholds. The addition of NOX, which is a precursor to ozone, could result in an increase in ambient concentrations in the SoCAB and, moreover, increase the likelihood that ambient concentrations exceed the California and National AAQS. Also, the increase in construction-generated emissions of PM10 and PM2.5 could impede air quality planning efforts to bring the SoCAB into attainment of the AAQS. Due to the nonattainment status of the SoCAB for ozone, PM10, and PM2.5, construction activities associated with implementation of the General Plan Update may result in adverse air quality impacts to surrounding land uses and may contribute to the existing adverse air quality condition in the city. Based on conservative modeling, it is likely that emissions would exceed South Coast AQMD thresholds at some point during buildout of the General Plan Update. The Resource Conservation Element of the General Plan Update includes goals and policies focused on reducing criteria air pollutant and precursor emissions from construction activity. However, implementation of these policies cannot guarantee construction-generated emissions would be reduced to below the South Coast AQMD thresholds. Therefore, construction emissions could contribute to the existing nonattainment condition in the SoCAB and the city with respect to the California and National AAQS for ozone and PM2.5 and with respect to the California AAQS for PM10 and could result in an increase in the potential for adverse health impacts to occur from exposure to ozone and PM10. Mitigation Measures There are no feasible mitigation measures. Finding Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the DEIR. The changes are identified in the form of the standard conditions of approval and General Plan policies listed in the MMRP. The City hereby finds that the implementation of the standard conditions of approval and General Plan policies are feasible, and are therefore adopted. Specific economic, legal, social, technological or other factors, that would mitigate this impact to a less- than-significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the standard conditions of approval and General Plan policies listed in the MMRP and the alternatives identified in the EIR, as discussed in Section IV of these Findings Page 314 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 51 - (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the proposed project outweigh its significant effects on the environment. Impact 5.3-3: The proposed project would result in a net increase in long-term operational criteria air pollutant and precursor emissions that exceed South Coast AQMD-recommended thresholds. [Threshold AQ-2] Future development and other physical changes that could occur as a result of General Plan Update implementation would result in long-term operational emissions of VOC, NOx, PM10, and PM2.5. Operational emissions would be generated from area sources, energy use, and from vehicle trips associated with new land use development. Table 5.3-10, Summary of Maximum Daily Operational Emissions of Criteria Air Pollutants and Precursors in 2040 (lb/day), of the DEIR, summarizes the maximum daily operation-related emissions of criteria air pollutants and precursors and the daily significance thresholds established by South Coast AQMD. As shown in Table 5.3-10, operational activities would result in emissions of VOC, NOX, CO, PM10, and PM2.5 that exceed the South Coast AQMD thresholds of significance. The General Plan Update’s contribution to operational criteria air pollutants and precursors could result in greater acute or chronic health impacts compared to existing conditions. Stationary sources, such as boilers, heaters, flares, and other types of combustion equipment associated with industrial uses undergo a permitting process by South Coast AQMD. The permits approved by South Coast AQMD require emission caps for sources that are tied to attaining or maintaining the AAQS. Stationary sources are required to implement and comply with applicable South Coast AQMD rules for their specific operation. A stationary source may also be required to offset its emissions of criteria air pollutants and precursors in order to be permitted. While there are policies in the General Plan Update that would reduce criteria air pollutant and precursor emissions, it is unknown if emission levels from future development would be reduced below the South Coast AQMD thresholds. Because the SoCAB is in nonattainment for California and National AAQS for ozone and PM2.5 and for California AAQS for PM10, future development under the General Plan Update could contribute to the existing nonattainment status. Mitigation Measures There are no feasible mitigation measures. Finding Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the DEIR. The changes are identified in the form of the standard conditions of approval and General Plan policies listed in the Page 315 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 52 - MMRP. The City hereby finds that the implementation of the standard conditions of approval and General Plan policies are feasible, and are therefore adopted. Specific economic, legal, social, technological or other factors, that would mitigate this impact to a less- than-significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the standard conditions of approval and General Plan policies listed in the MMRP and the alternatives identified in the EIR, as discussed in Section IV of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the proposed project outweigh its significant effects on the environment. Impact 5.3-5: The proposed project would expose sensitive receptors to substantial increases in toxic air contaminant emissions. [Threshold AQ-3] Implementation of the General Plan Update could result in exposure of sensitive receptors to construction-related TACs. However, given that future development under the General Plan Update would occur by 2040 and would occur in various areas throughout the city, it is unlikely that any one sensitive receptor would be exposed to construction-related TACs for extended periods of time. Therefore, construction activity as a result of the General Plan Update would not result in the exposure of existing or new sensitive receptors to a substantial increase in TAC emissions. The General Plan Update would also result in an increase in total VMT along local roadways within the city as a result of future growth and development. Because there are roads in and around the city that exceed 100,000 vehicles per day, new sensitive receptors could be exposed to roadway traffic levels that could result in adverse health effects from TACs. However, the General Plan includes policies and action items that would minimize TAC impacts to the extent feasible. Regarding stationary sources of TACs, the General Plan Update includes policies that would limit exposure of new sensitive receptors to TACs from stationary sources such as industrial land uses. Additionally, all new development undergoing discretionary review would be required to evaluate existing TAC exposure and incorporate available reduction measures in accordance with SCAQMD requirements. However, it cannot be guaranteed that emissions of TACs and associated health risk would be reduced to an acceptable level for individual projects. In consideration of these factors, implementation of the General Plan Update could result in the exposure of new sensitive receptors to a substantial increase in TAC emissions. Mitigation Measures There are no feasible mitigation measures. Finding Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the DEIR. The changes are identified in the form of the standard conditions of approval and General Plan policies listed in the Page 316 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 53 - MMRP. The City hereby finds that the implementation of the standard conditions of approval and General Plan policies are feasible, and are therefore adopted. Specific economic, legal, social, technological or other factors, that would mitigate this impact to a less- than-significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the standard conditions of approval and General Plan policies listed in the MMRP and the alternatives identified in the EIR, as discussed in Section IV of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the proposed project outweigh its significant effects on the environment. 4. Biological Resources Impact 5.4-1: Buildout of the proposed Land Use Plan would impact sensitive plant and animal species known to occur in the City of Rancho Cucamonga. [Threshold B-1] The majority of conservation areas, both existing and proposed, are in the northeastern portion of the City and SOI. Much of the SOI is undeveloped and includes areas with natural vegetation, including the San Bernardino National Forest. Most of the City is highly urbanized and provides minimal habitat value for sensitive and special status species. Less developed areas in the City and SOI that are open space, water features, or agricultural land have the potential to support native species and natural communities. Figure 5.4-2, Designated Critical Habitat in the City and SOI, of the DEIR, identifies critical habitat for the San Bernardino kangaroo rat that has been designated within or adjacent to the study area. Potential land covers that could contain sensitive habitat for biological species are open space areas, vacant urban land, and agricultural land. The proposed project allows for development on vacant land and agricultural land in the City and SOI that could potentially include sensitive biological resources. There are 61 special status species that have CNDDB or CNPS Rare Plant Inventory records in the Plan Area. These special status plant species could be associated with valuable habitat for wildlife, and in some cases may contribute to wildlife movement. Therefore, the proposed project could impact areas of previously undisturbed habitat. Buildout of the City and SOI in accordance with the General Plan Update could impact special status vegetation or special status wildlife in the City. As the city’s environment is not statis and may change over time as a result of development, other vegetation communities may become sensitive and/or other species may be listed in the future. The proposed Resource Conservation Element identifies policies to reduce impacts on Rancho Cucamonga’s biological resources. However, even with adherence to the City’s policies protecting biological resources, standard conditions of approval, and compliance with state and federal law, future development projects could require more detailed evaluations of biological resources and formulation of mitigation measures by a qualified biologist. Even though most of the future growth is anticipated to occur in focus areas that are currently developed and are surrounded by existing development and Page 317 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 54 - unlikely to provide high quality habitat, the impact on sensitive plant and animal species is considered significant and unavoidable. Mitigation Measures There are no feasible mitigation measures. Finding Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the DEIR. The changes are identified in the form of the standard conditions of approval and General Plan policies listed in the MMRP. The City hereby finds that the implementation of the standard conditions of approval and General Plan policies are feasible, and are therefore adopted. Specific economic, legal, social, technological or other factors, that would mitigate this impact to a less- than-significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the standard conditions of approval and General Plan policies listed in the MMRP and the alternatives identified in the EIR, as discussed in Section IV of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the proposed project outweigh its significant effects on the environment. 5. Cultural Resources Impact 5.5-1: Buildout of the City of Rancho Cucamonga General Plan could impact historic resources. [Threshold C-1] There are at least 445 previously identified properties in the City’s “Historic Site List,” 3 properties listed in the NRHP, 9 properties listed in the CRHR, 3 California Historical Landmarks, 6 California Points of Historical Interest. The City has 77 designated local landmarks and 29 designated points of interest. The City identified 8 properties potentially eligible for listing in the NRHP that were identified as “Potential National Register” properties; 115 properties identified as “Potential Local Landmarks,” 3 of which have been demolished; 24 properties determined insignificant or “Survey Determined Insignificant;” and 154 properties that were listed as “Survey Undetermined Significant.” There are no historical resources in the SOI. Future development under the proposed General Plan could adversely impact some of these historic resources through changes to accommodate adaptive reuse, removal, or reconstruction. Compliance with the proposed General Plan Update policies, and state and federal regulations would ensure that development would not result in adverse impacts to identified historic and cultural resources. While the regulations provide a process for recognizing historic buildings and places, they do not prevent the reuse or modification of them. Page 318 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 55 - Identified historic structures and sites that are potentially eligible for future historic resources listing may be vulnerable to development activities accompanying infill, redevelopment, or revitalization that would be accommodated by the General Plan Update. In addition, other buildings or structures that could meet the NRHP criteria upon reaching 50 years of age might be impacted by development or redevelopment activity that would be accommodated by the General Plan Update, and construction could damage or destroy as-yet undiscovered resources. Regardless of the implementation of General Plan policies and adherence to state regulations, some historic properties may be significantly affected by implementation of this General Plan. Despite the implementation of standard conditions of approval 5.5-4 through 5.5-7, impacts would remain significant and unavoidable. Mitigation Measures There are no feasible mitigation measures. Finding Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the DEIR. The changes are identified in the form of the standard conditions of approval and General Plan policies listed in the MMRP. The City hereby finds that the implementation of the standard conditions of approval and General Plan policies are feasible, and are therefore adopted. Specific economic, legal, social, technological or other factors, that would mitigate this impact to a less- than-significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the standard conditions of approval and General Plan policies listed in the MMRP and the alternatives identified in the EIR, as discussed in Section IV of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the proposed project outweigh its significant effects on the environment. 6. Greenhouse Gas Emissions Impact 5.8-4: The proposed project would be inconsistent with the State’s ability to achieve the long-term reduction goals of Executive Orders S-3-05. [Threshold GHG-2] The General Plan Update horizon year is 2040 and does not extend to the year 2050. As a result, an interim CAP target for 2040 was established by the City in the CAP that is consistent with the pace of reductions needed by 2040 to reduce emissions to 80 percent below 1990 levels by 2050, as established in Executive Orders B-30-15 and S-3-05. Because Executive Order B-55-18 calls for net zero GHG emissions no later than 2045, it sets a more aggressive GHG reduction goal than Executive Orders B- 30-15 and S-3-05. If the City’s 2040 communitywide GHG emissions would not achieve the City’s Page 319 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 56 - 2040 reduction target, then such emissions would be considered inconsistent with the state’s ability to achieve the long-term reduction goals of Executive Orders S-3-05, B-30-15, and B-55-18. If the strategies in the CAP are fully implemented, a total reduction of 199,709 MTCO2e by 2040 would be achieved. These reductions place the City’s post-2030 communitywide emissions on a downgrade trajectory that makes substantial progress toward the City’s and state’s long-term GHG reduction goals, but they are not sufficient to achieve the 339,478 MTCO2e of reductions needed to achieve the City’s 2040 emissions reduction target. The measures in the CAP achieve 59 percent of the reductions needed to achieve the 2040 emissions target. Because the City, through the implementation of the General Plan Update and CAP, would not achieve its 2040 emissions target, it is not projected that the City would achieve the long-term statewide emissions targets in Executive Orders B-30-15 and S-3-05 to reduce emissions 80 percent below 1990 levels by 2050. For the same reasons, the City would not achieve the State’s carbon neutrality goal by 2045 as established in B-55-18 because the CAP does not include strategies that would achieve net- zero emissions by 2045. As a result, this impact would be potentially significant. Mitigation Measures There are no feasible mitigation measures. Finding Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the DEIR. The changes are identified in the form of the standard conditions of approval and General Plan policies listed in the MMRP. The City hereby finds that the implementation of the standard conditions of approval and General Plan policies are feasible, and are therefore adopted. Specific economic, legal, social, technological or other factors, that would mitigate this impact to a less- than-significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the standard conditions of approval and General Plan policies listed in the MMRP and the alternatives identified in the EIR, as discussed in Section IV of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the proposed project outweigh its significant effects on the environment. 7. Mineral Resources Cumulative Impacts The cumulative impacts on mineral resources are evaluated based on the potential impacts of past and future development in the City of Rancho Cucamonga, SOI, and Claremont-Upland and San Bernardino Production-Consumption Regions. Page 320 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 57 - The State Mining and Geology Board recognizes that urban development has precluded access to most known resources through development on or adjacent to the resource areas. Future development and redevelopment under the General Plan Update would contribute to cumulative demand for construction aggregates in the region. Most of the production-consumption regions in the state do not have sufficient supplies to meet their projected 50-year demand. The surrounding cities contain mining operations, two of which are located within 1.5 miles of the City boundary. The proposed project would increase the demand for aggregate resources, but the California Geological Survey already estimates that the demand for these resources is greater than the supply. Therefore, the loss of additional mineral resources due to buildout of the city, although not locally significant, would contribute to a cumulatively significant impact related to the loss of known mineral resources. This impact would be significant and unavoidable. Mitigation Measures There are no feasible mitigation measures. Finding Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the DEIR. The changes are identified in the form of the standard conditions of approval and General Plan policies listed in the MMRP. The City hereby finds that the implementation of the standard conditions of approval and General Plan policies are feasible, and are therefore adopted. Specific economic, legal, social, technological or other factors, that would mitigate this impact to a less- than-significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the standard conditions of approval and General Plan policies listed in the MMRP and the alternatives identified in the EIR, as discussed in Section IV of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the proposed project outweigh its significant effects on the environment. 8. Noise Impact 5.13-1: Construction activities would result in temporary noise increases in the vicinity of the future development under the General Plan. [Threshold N-1] The City has established standards for acceptable noise levels in Section 17.66.050 of the Development Code for construction activities affecting various land uses. Construction noise levels are considered substantial when they occur at a residential, school, church, or similar land use between 8:00 p.m. and 7:00 a.m. on weekdays, including Saturdays, or any time on Sunday or a national holiday and exceed 65 dBA. Additionally, construction noise levels are considered substantial when they occur at a Page 321 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 58 - commercial or industrial land use between 10:00 p.m. and 6:00 a.m., including Saturday and Sunday, and exceed 70 dBA at these uses. The highest noise levels from the types of construction activities that would take place under 2040 General Plan implementation usually occur during the grading and site excavation phases. Large earth- moving equipment like graders, scrapers, and dozers generate maximum noise levels between 80 to 85 dBA when measured at 50 feet from a construction site. Other construction equipment like pile drivers can generate noise levels up to 101 dB at 50 feet. Considering building construction noise of 86 dBA Leq without pile driving, residential, schools, churches, or similar uses within 580 feet of construction activity, and commercial/industrial uses within 330 feet construction activity may be exposed to substantial construction noise levels exceeding the City’s noise standards of 65 dBA Leq and 70 dBA Leq, respectively. Considering building construction noise with pile driving, of 91 dBA Leq, residential, schools, churches, or similar uses within 1,000 feet of construction activity, and commercial/industrial uses within 530 feet of construction activity may be exposed to substantial construction noise levels exceeding the City’s noise standards. In addition, certain types of construction work, such as utility installation and roadway improvements associated with implementation of the proposed project could periodically occur during nighttime hours (for example to avoid causing traffic congestion) and expose existing or future residential, schools, churches, or similar uses, and commercial/industrial uses to substantial noise levels during the sensitive times of the day. Therefore, the development associated with the 2040 General Plan would generate substantial temporary increases in construction noise levels. This impact would be potentially significant. Implementation of standard condition of approval 5.13-1, which requires project applicants to prepare a site-specific construction noise analysis and, if required, implement measures, would avoid or substantially lessen potential construction noise impacts. However, because site-specific construction details are not known at this time, it is not possible to conclude that implementation of standard condition of approval 5.13-1 would avoid generation of substantial temporary construction. Further, available construction noise attenuation measures (e.g., temporary walls, mufflers), can typically achieve a maximum of 10 dB noise reduction, which may not be adequate to achieve noise standards depending on the proximity of construction activities to nearby land uses. Therefore, this impact would be significant and unavoidable. Mitigation Measures Implementation of standard condition of approval 5.13-1. Finding Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the DEIR. These changes are identified in the form of standard condition of approval 5.13-1. The City hereby finds that implementation of standard condition of approval 5.13-1 is feasible, and the condition is therefore adopted. Page 322 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 59 - Specific economic, legal, social, technological or other factors, that would mitigate this impact to a less- than-significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the standard condition of approval 5.13-1 and the alternatives identified in the EIR, as discussed in Section IV of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the proposed project outweigh its significant effects on the environment. Impact 5.13-2: Project implementation could generate a substantial permanent increase in traffic noise levels at noise-sensitive land uses in excess local standards. [Threshold N-2] Land use development that results in traffic increases can also result in long-term traffic noise increases, or decreases, on roadways and freeways in the City. New development and associated traffic increases could result in exposure of existing receptors or future planned development to substantial permanent noise increases. As shown in Table 5.13-7, of the DEIR, there are two segments (segments 2 and 5) where traffic noise levels would increase from below 60 dBA CNEL to above 60 dBA CNEL, and eight segments (segments 24, 25, 33, 34, 41, 62, 63, and 69) where traffic noise would increase from below 70 dBA to above 70 dBA as a result of General Plan Update implementation. In addition, on numerous segments that exceed 70 dBA CNEL in the existing condition (2021), noise levels would increase by more than 1 dB and on all freeway segments; and on four segments (segments 77, 78, 79, 80) that exceed 75 dBA in the existing condition (2021), there would be noise increases as a result of implementation of the 2040 General Plan. General Plan Policy N-1.1 requires new development to meet the noise compatibility standards identified in Table N-1 and Policy N-1.2 requires the use of design-related noise reduction measures to achieve interior and exterior noise standards. However, project-specific impacts are unknown at this time. Although the proposed land use pattern would reduce traffic noise on some segments, the increases in traffic volumes result in substantial long-term increases in traffic noise along the segments described above, which would be a potentially significant impact. Implementation of standard condition of approval 5.13-2, which requires project applicants to prepare a traffic noise study to evaluate potential traffic noise impacts on existing noise sensitive receptors, would routinely avoid exposure of sensitive receptors to substantial permanent traffic noise levels. However, there may be cases where noise reduction measures are either infeasible or inadequate for reducing traffic noise to less than significant level. Therefore, because there may be cases where discretionary development could result in project-generated traffic noise above the City standards and such project-generated noise would not always be reduced to acceptable levels, this impact would be significant and unavoidable. Mitigation Measures Implementation of standard condition of approval 5.13-2. Page 323 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 60 - Finding Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the DEIR. These changes are identified in the form of standard condition of approval 5.13-2. The City hereby finds that implementation of standard condition of approval 5.13-2 is feasible, and the condition is therefore adopted. Specific economic, legal, social, technological or other factors, that would mitigate this impact to a less- than-significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the standard condition of approval 5.13-2 and the alternatives identified in the EIR, as discussed in Section IV of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the proposed project outweigh its significant effects on the environment. Impact 5.13-4: Expose new sensitive land uses to noise compatibility standards identified in 2040 General Plan Noise Element Table N-1. [Threshold N-4] Traffic Noise To evaluate noise exposure at new sensitive receptors, traffic noise contours for the with-project future (2040) conditions were modeled and are shown in Table 5.13-8, of the DEIR. As shown in Table 5.13- 8, future traffic noise levels could be as high as 80.3 dBA on freeways and 73.5 dBA on roadways. Depending on the specific land use type and proximity to roadway segments, applicable noise standards for respective land uses (Table N-1) could be exceeded at new receptors. However, the 2040 General Plan includes policies that address the placement of new noise-sensitive receptors near transportation noise sources. Nonetheless, provided that specific land use types and their proximity to existing and future traffic noise levels are unknown and the ability of applicable noise attenuation measures (e.g., setbacks, building insulation, sound barriers) to be fully implemented such that acceptable noise levels at future receptors is always achieved is not guaranteed, it is possible that new development located in proximity to existing roads could be exposed to levels that exceed levels in Table N-1. Railroad and Transit Noise Placement of new receptors near existing or future planned rail lines could expose people to substantial noise levels, depending on the proximity to rail alignments, the type of rail, and daily frequency of service. Several new and expansions to existing rail services are planned within and near the City that would generate noise and have the potential to affect new sensitive receptors. Although it is more likely that higher density uses, that have higher allowable noise standards (i.e., 70 dBA) would occur closer to new rail lines, low density residential and City Corridor uses would also be allowed to occur adjacent to the proposed Brightline alignment. Thus, given that specific receptor types and their proximity to existing and future planned rail alignments are unknown, it is possible that new receptors would be Page 324 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 61 - located within distances to rail that could expose them to noise levels that exceed the applicable noise standard for the respective land use type. New development associated with the 2040 General Plan could potentially be in close proximity to existing roadways and existing or future planned railroads. Thus, because specific land use development details are unknown, including land use type and exposure levels, it cannot be guaranteed that noise levels in Table N-1 would always be achievable. This impact would be potentially significant. Standard conditions of approval 5.13-4a through 5.13-4e would reduce exterior and interior noise to acceptable levels. However, there may be cases where noise reduction measures are either infeasible or inadequate for reducing traffic noise to less than significant level. Therefore, because there may be cases where new development could result in exposure to substantial permanent noise (traffic and rail) above standards in Table N-1, this impact would be significant and unavoidable. Mitigation Measures Implementation of standard conditions of approval 5.13-4a through 5.13-4e. Finding Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the DEIR. These changes are identified in the form of standard conditions of approval 5.13-4a through 5.13-4e. The City hereby finds that implementation of standard conditions of approval 5.13-4a through 5.13-4e is feasible, and the condition is therefore adopted. Specific economic, legal, social, technological or other factors, that would mitigate this impact to a less- than-significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the standard conditions of approval 5.13-4a through 5.13-4e and the alternatives identified in the EIR, as discussed in Section IV of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the proposed project outweigh its significant effects on the environment. Impact 5.13-5: Future development under the General Plan could generate short-term construction vibration or exposure to new sensitive land uses to long-term operational vibration sources that exceed City thresholds. [Threshold N-5] Typical construction activities, such as the use of jackhammers, blasting, other high-power or vibratory tools, compactors, and tracked equipment, may generate substantial vibration near the source. Activities involving pile driving and blasting tend to generate the highest levels of vibration, and thus, these activities tend to result in construction-related impacts more frequently than other construction activities. Table 5.13-10, of the DEIR, includes reference vibration levels for construction activities Page 325 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 62 - that generate the highest levels of vibration. In addition, like construction noise, vibration levels would be variable depending on the type of construction project and related equipment use. For construction activities involving pile driving, based on FTA’s recommended procedure for applying propagation adjustments to reference levels for a typical pile driver, vibration levels could exceed the threshold of significance for disturbance to a sensitive land use within 500 feet of construction activities and could exceed the threshold of significance for structural damage within 100 feet of construction activities. For construction activities that would not involve pile driving, a roller or a dozer is generally the equipment that causes the highest vibration levels. Using a reference vibration level for a roller and applying standard propagation adjustments, vibration levels from construction activity without pile driving could exceed the threshold of significance for disturbance to a sensitive land use within 80 feet of construction activities and could exceed the threshold of significance for structural damage within 25 feet of construction activities. The City’s nighttime construction limitations would avoid vibration-related disturbance during nighttime hours; however, due to the level of anticipated development throughout the City, the lack of specific construction activities and their proximity to sensitive receptors, the possibility remains for construction activities that generate vibration to occur within distances identified above, resulting in disturbance to sensitive land uses or structural damage. This impact would be potentially significant. Several new and expansions to existing transit services (bus and rail) are planned within and near the City that would generate vibration and have the potential to affect new sensitive receptors developed within the identified Focus Areas. Placement of new receptors near existing or future planned rail right- of-way could expose people to substantial vibration levels, depending on the proximity to rail alignments and depending on the type of rail and daily frequency of service. Due to the programmatic nature of this analysis, specific distances from transit types to specific uses cannot be determined at this time because project-specific details about development under the 2040 General Plan, such as building location, materials, and soil conditions are unknown at this time. Thus, this analysis assumes that new sensitive land uses (all uses contained in FTA’s Category 1 and 2) proposed within 600 feet of existing or new rail and 100 feet of existing or new bus service, could result in excessive vibration levels at new development. This impact would be potentially significant. Implementation of standard conditions of approval 5.13-5a through 5.13-5c would result in compliance with vibration threshold levels established to prevent structural damage. However, it is not possible to conclude that vibration levels in all locations associated with all future development under the proposed project would be reduced below human annoyance levels; there could be future development that results in vibration levels that cause human annoyance. Therefore, impacts would be significant and unavoidable. Mitigation Measures Implementation of standard conditions of approval 5.13-5a through 5.13-5c. Page 326 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 63 - Finding Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the DEIR. These changes are identified in the form of standard conditions of approval 5.13-5a through 5.13-5ce. The City hereby finds that implementation of standard conditions of approval 5.13-5a through 5.13-5c is feasible, and the condition is therefore adopted. Specific economic, legal, social, technological or other factors, that would mitigate this impact to a less- than-significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the standard conditions of approval 5.13-5a through 5.13-5c and the alternatives identified in the EIR, as discussed in Section IV of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the proposed project outweigh its significant effects on the environment. 9. Transportation Impact 5.17-2: The project may be inconsistent with CEQA Guidelines section 15064.3, subdivision (b) regarding policies to reduce VMT. [Threshold T-2] Table 5.17-5, of the DEIR, summarizes the results of the VMT assessment which does not include a reduction in anticipated VMT associated with the proposed connection of high-speed rail to the Rancho Cucamonga Transit Station. The results of the VMT assessment indicates that, with implementation of the land use and circulation element in the proposed General Plan, VMT/SP would be reduced by approximately 16 percent (i.e., improves) compared to the existing condition. Furthermore, the proposed General Plan shows benefits to the region by also reducing Countywide and Region Wide VMT accordingly. Although the findings from the modeling indicate that the project is beneficial from a VMT efficiency perspective using the best tool available in San Bernardino County (and the proposed General Plan is expected to produce VMT at a rate that would not result in a significant impact), the uncertainty related to future fuel prices, driving habits of residents, and future legislative policy could dramatically influence VMT production in the City during the horizon of this General Plan. In addition, the intent of the proposed project is to improve connectivity by expanding pathways, road extensions, and removing existing barriers to access. However, implementing polices like MA-2.1 that calls for complete streets and MA-2.3 that emphasizes connectivity, will take time to implement. It is probable that some development projects may be proposed and considered before the citywide improvements envisioned by the General Plan can be completed. As the modeling assumes a fully implemented General Plan that will reduce VMT as shown in Table 5.17-5, of the DEIR, projects that occur before buildout may increase VMT until the cumulative condition is reached. Although CEQA does not require the assessment to investigate speculative and unforeseeable circumstances, for the purposes of a Citywide planning effort, the City is choosing to disclose a significant VMT impact due to speculative influences to provide complete transparency. While policies in the General Plan Update and standard Page 327 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 64 - conditions of approval could help reduce VMT in the City, the applicability of them as project-level mitigation would be dependent on the significance and context of the project and the size of the impact. Given the uncertainty, impacts are deemed significant and unavoidable. Mitigation Measures There are no feasible mitigation measures. Finding Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the DEIR. The changes are identified in the form of the standard conditions of approval and General Plan policies listed in the MMRP. The City hereby finds that the implementation of the standard conditions of approval and General Plan policies are feasible, and are therefore adopted. Specific economic, legal, social, technological or other factors, that would mitigate this impact to a less- than-significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the standard conditions of approval and General Plan policies listed in the MMRP and the alternatives identified in the EIR, as discussed in Section IV of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the proposed project outweigh its significant effects on the environment. 10. Wildfire Cumulative Impacts Development associated with buildout of the General Plan Update would result in new development within the WUIFA and would place more assets in the VHFHSZ. To protect development within the WUIFA, the City requires that future development adhere to a wide range of state and local codes, (California Fire Code, CAL FIRE fire-safe design requirements, City Fire and Public Works Standards [City’s standard conditions of approval], RCFPD wildfire requirements, and other standards). These include restrictions on hillside development. Because development in the WUIFA presents challenges for fire protection and suppression, development in these areas would be required to abide by those requirements. With adherence to these building practices and wildfire management requirements, development associated with the General Plan buildout would reduce wildfire risk; however, when combined with past and future development in the adjacent cities and unincorporated County area, the project’s contribution to the cumulative impact would be cumulatively considerable. Mitigation Measures There are no feasible mitigation measures. Page 328 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 65 - Finding Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the DEIR. The changes are identified in the form of the standard conditions of approval and General Plan policies listed in the MMRP. The City hereby finds that the implementation of the standard conditions of approval and General Plan policies are feasible, and are therefore adopted. Specific economic, legal, social, technological or other factors, that would mitigate this impact to a less- than-significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the standard conditions of approval and General Plan policies listed in the MMRP and the alternatives identified in the EIR, as discussed in Section IV of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the proposed project outweigh its significant effects on the environment. IV. ALTERNATIVES TO THE PROPOSED PROJECT An EIR must briefly describe the rational for selection and rejection of alternatives. The lead agency may make an initial determination as to which alternatives are feasible, and therefore, merit in-depth consideration, and which ones are infeasible. A. ALTERNATIVES CONSIDERED AND REJECTED DURING THE SCOPING/PROJECT PLANNING PROCESS The following is a discussion of the alternatives considered during the scoping and planning process and the reasons why they were not selected for detailed analysis in the DEIR. 1. Alternative Development Areas The proposed General Plan covers the entire City and the Sphere of Influence. Alternative locations are typically included in an environmental document to avoid, lessen, or eliminate the significant impacts of a project by considering the proposed development in an entirely different location. To be feasible, development of off-site locations must be able to fulfill the project purpose and meet most of the project’s basic objectives. Given the nature of the proposed project (adoption of a General Plan for the entire city and sphere of influence), it is not possible to consider an off-site alternative because the city boundaries have been established through incorporation and later annexations. For this reason, an off-site alternative was considered infeasible pursuant to State CEQA Guidelines Section 15126.6(c) and was rejected as a feasible project alternative. Finding The City finds that there are no alternative development areas for the proposed project as the City does not have jurisdiction over land uses outside of the City’s boundaries. As described in these Page 329 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 66 - Findings of Fact, the proposed project would result in less than significant impacts. For significant and unavoidable impacts, the City has determined that these impacts are acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the proposed project outweigh its significant effects on the environment, as described in the Statement of Overriding Considerations. 2. Reduced Density Alternative A reduced density alternative that would result in fewer residences and less non-residential development, which would theoretically reduce traffic and thereby reducing community impacts such as air quality, greenhouse gas (GHG) emissions, traffic, noise, and demand for utilities and public services. However, such an alternative would not achieve or would only partially achieve General Plan objectives of providing for growth of the City. This alternative would not increase jobs in the City, or foster growth along major corridors rather than in the neighborhoods. Further, such an alternative would not be consistent with regional planning that requires accommodation of regional housing needs and could result in the City failing to plan for adequate capacity for those needs in accordance with State law. Finally, by significantly restricting growth, the environmental impact of the projected growth would increase development pressure elsewhere in the region. As a reduced development density conflicts with regional plans, would relocate impacts outside of the city, and would not meet the project objectives, this option was not evaluated in the EIR. Finding The City finds this alternative to be infeasible as this alternative would not meet all of the General Plan objectives and would not increase jobs or foster growth along major corridors or produce the amount of residential capacity needed to meet state law. As described in these Findings of Fact, the proposed project would result in less than significant impacts for most impact areas. For significant and unavoidable impacts, the City has determined that these impacts are acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the proposed project outweigh its significant effects on the environment, as described in the Statement of Overriding Considerations. B. ALTERNATIVES SELECTED FOR FURTHER ANALYSIS The following alternatives were determined to represent a reasonable range of alternatives with the potential to feasibly attain most of the basic objectives of the project but avoid or substantially lessen any of the significant effects of the project. Table 7-1, of the DEIR, shows the change in development between the current General Plan and General Plan Update. Table 7-2, of the DEIR, shows a comparison of the project alternatives to the proposed project, and Table 7-3, of the DEIR, shows a comparison of the project alternatives to the project objectives. 1. No Project/Existing General Plan Alternative The No Project Alternative is required to discuss the existing conditions at the time the notice of preparation is published and evaluate what would reasonably be expected to occur in the foreseeable future if the proposed project is not approved (CEQA Guidelines, Section 15126.6(e)). Pursuant to Page 330 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 67 - CEQA, this Alternative is also based on current plans and consistent with available infrastructure and community services. Therefore, the No Project/Existing General Plan Alternative assumes that the proposed General Plan would not be adopted, and the development intensity assumed in the existing General Plan would be followed. Table 7-1, of the DEIR, shows the projected holding capacity if all development occurred as originally projected. Because the Planning Area would be the same under the 2010 General Plan, the footprint-related impacts (e.g., biological resources, cultural resources) of the No Project Alternative would be the same as the proposed General Plan Update. The proposed General Plan Update has an estimated buildout population of 233,088, approximately 30,000 more residents than would occur under the No Project Alternative. The reduced population under this alternative would generally result in a reduction in intensity-related impacts. For example, this alternative would generate fewer auto trips, traffic noise would be less, and impacts on services and utilities would be less. An objective of the proposed General Plan Update is to guide development into areas of the city that have the resources to accommodate it, or where the supportive resources can be easily provided. These areas include existing and planned regional connections to transit, as well as local mobility hubs. Therefore, while the intensity-related impacts would be less for the city overall under the No Project alternative, the resulting impacts would be greater than those of the proposed project. The proposed General Plan Update would reduce the intensity of these types of impacts on a per capita basis by taking advantage of the efficiencies of providing resources in the focus areas allowing for more non- motorized transportation, and a more efficient movement of people and goods. Finding The No Project/Existing General Plan Alternative would not implement the proposed General Plan Update policies, which are designed to further enhance the project objectives, compared to the existing General Plan. While this alternative would generate fewer auto trips, and reduce traffic noise, and reduce impacts on services and utilities, regional connections to transit and local mobility hubs would be less under the No Project Alternative and the City could be in jeopardy of not planning sufficient residential capacity pursuant to State law. As a result, specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible this project alternative for the reasons identified in the FEIR. 2. Dispersed Development Alternative Integral to the design of the proposed General Plan Update is a focus on placing new development along major transportation corridors that either have transit or will have excellent transit as the plan develops. These areas were identified in the 2010 General Plan, and the proposed General Plan expands on the development concepts for these areas. This emphasis on areas planned for intense development was done specifically to make the best use of transit and to help protect the older outlying neighborhoods from substantial growth. This alternative would disperse the projected growth shown in Table 14-6, Buildout Projections from the Proposed Land Use Plan, over the entire City. Changes to the existing land use designations, like those of the proposed project, would be required to allow this growth to occur as the potential 2040 Page 331 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 68 - buildout population of 233,088 is greater than the 2030 buildout population potential of 203,800 as shown in Table 7-1. While this alternative was chosen to provide a counterpoint to the design approach taken in the proposed General Plan Update, the alternative also addresses the significant and unavoidable impacts associated with noise and air quality linked to building homes near busy transit corridors. Like the No Project Alternative, this alternative would occur within the existing City limits and Sphere of Influence area. Therefore, the footprint-related effects would also be the same as the proposed General Plan Update. This alternative would reduce the amount of development proposed in the General Plan Update along transit corridors, which would reduce the number of residents who would be exposed to noise and air pollutants generated in those areas. However, by diverting development outside these corridors, traffic generated in those areas would increase noise and air pollutants throughout the city, though at lower levels. Depending on the location of new development under this alternative, this alternative could expose parts of the city to noise and air pollutants that would not have been exposed under the proposed General Plan Update. By dispersing development into existing neighborhoods, this alternative will also change their character and visual appearance likely impacting aesthetics at a greater level than the proposed project. However, dispersing development across the city would result in development pressure in some areas where adequate facilities may not be available. This could result in the need to upsize existing facilities, such as sewer and water lines, or widen roads. Having to upgrade facilities citywide rather than in select focus areas will be more expensive and disruptive to the existing neighborhoods. This type of citywide utility expansion is not envisioned in the proposed General Plan Update that guides for more intense development into specific focus areas. In addition, the efficiencies gained by having development focused in areas with existing capacity for growth would not be realized under this alternative. A more dispersed development pattern would increase vehicle miles travelled, lead to substantive change in the neighborhoods, and not take advantage of existing and planned transit. The increase in personal vehicle trips would also use more energy and generate more emissions than under the proposed General Plan. For these reasons, this alternative would not reduce overall impacts compared to the proposed General Plan Update, and it would not reduce any of the identified significant impacts to a less than significant level. Finding This Alternative would reduce the amount of residents exposed to noise and air pollutants along transit corridors, but could divert noise and air pollutants to other parts of the City and may require upgrading and installing city facilities (water/sewer lines, roads) in other parts of the City. As a result, specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible this project alternative for the reasons identified in the FEIR. Environmentally Superior Alternative CEQA requires a lead agency to identify the “environmentally superior alternative” to the proposed project. Because the No Project Alternative (implementation of the 2010 General Plan) would result in an overall reduction in the level of impacts identified for the proposed General Plan Update, the No Page 332 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 69 - Project Alternative has been identified as “environmentally superior” to the proposed project. However, in cases where the “No Project Alternative” is environmentally superior to the proposed project, the environmentally superior development alternative must be identified. The Proposed Project has been identified as the environmentally superior alternative because this alternative would have fewer impacts related to air quality, energy, greenhouse gas emissions, public services, and vehicle miles travelled, while achieving the benefits of the project objectives. I. Statement of Overriding Considerations CEQA requires decision makers to balance the benefits of the proposed project against its unavoidable environmental risks when determining whether to approve the project. If the benefits of the project outweigh the unavoidable adverse effects, those effects may be considered “acceptable” (State CEQA Guidelines § 15093[a]). CEQA requires the agency to support, in writing, the specific reasons for considering a project acceptable when significant impacts are infeasible to mitigate. Such reasons must be based on substantial evidence in the FEIR or elsewhere in the administrative record (State CEQA Guidelines § 15093 [b]). The agency’s statement is referred to as a Statement of Overriding Considerations. The following provides a description of the project’s significant and unavoidable adverse impact and the justification for adopting a statement of overriding considerations. C. SIGNIFICANT AND UNAVOIDABLE IMPACTS Although most potential project impacts have been substantially avoided or reduced with standard conditions of approval, as described above, there remains 15 project impacts for which complete mitigation is not feasible. The DEIR identified the following significant unavoidable adverse impacts of the project, which would continue to be applicable upon implementation of the proposed project: Aesthetics  Cumulative impacts. As there are no feasible mitigation measures to reduce cumulative impacts to visual character and lighting in the City, SOI, and surrounding areas, impacts would be significant and unavoidable. Agriculture and Forestry Resources  Impact 5.2-1: As the proposed project would result in the eventual development of conventional agriculture, and no lands designated as Prime Farmland, Unique Farmland, and Farmland of Statewide Importance would be preserved, impacts would be significant and unavoidable. Air Quality  Impact 5.3-2: Due to the nonattainment status of the SoCAB for ozone, PM10, and PM2.5, construction activities associated with implementation of the General Plan Update may result in adverse air quality impacts. Because project-specific details are unknown at this time, impacts would be significant and unavoidable. Page 333 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 70 -  Impact 5.3-3: While there are policies in the General Plan Update that would reduce criteria air pollutant and precursor emissions, it is unknown if emission levels from future development would be reduced below the South Coast AQMD thresholds. Because the SoCAB is in nonattainment for California and National AAQS for ozone and PM2.5 and for California AAQS for PM10, future development under the General Plan Update could contribute to the existing nonattainment status, and impacts are significant and unavoidable  Impact 5.3-5: As it cannot be guaranteed that emissions of TACs and associated health risk would be reduced to an acceptable level for individual projects, impacts are significant and unavoidable. Biological Resources  Impact 5.4-1: Although most of the future growth is anticipated to occur in focus areas that are currently developed and are surrounded by existing development and unlikely to provide high quality habitat, the impact on sensitive plant and animal species is considered significant and unavoidable. Cultural Resources  Impact 5.5-1: Some historic properties may be significantly affected by implementation of the General Plan Update which would result in significant and unavoidable impacts. Greenhouse Gas Emissions  Impact 5.8-4: Because the City, through implementation of the General Plan Update and the CAP, would not achieve its 2040 emissions target (Executive Orders B-30-15 and S-3-05) and would not achieve the State’s carbon neutrality goal by 2045 (Executive Order B-55-18), as such impacts would be significant and unavoidable. Mineral Resources  Cumulative Impacts: The proposed project would increase the demand or aggregate resources, and therefore the loss of additional mineral resources due to buildout of the City, although not locally significant, would cumulatively impact related loss of known mineral resources; impacts would be significant and unavoidable. Noise  Impact 5.13-1: Because individual construction activities and noise exposure are unknown, it is possible that noise standards may not be met, and therefore, impacts would be significant and unavoidable.  Impact 5.13-2: As there may be cases where noise reduction measures are either infeasible or inadequate for reducing traffic noise, impacts would be significant and unavoidable. Page 334 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 71 -  Impact 5.13-4: Exposing new sensitive land uses to noise levels in excess of the noise compatibility standards could occur if noise reduction measures are either infeasible or inadequate, impacts would be significant and unavoidable.  Impact 5.13-5: Because exact rail locations and technologies, including specific receptor type and proximity to transit is unknown, it cannot be determined whether new development would achieve acceptable vibration levels in all locations, and impacts would be significant and unavoidable. Transportation  Impact 5.17-2: Due to the uncertainty related to future fuel prices, driving habits of residents, and future legislative policy, which could influence VMT production, impacts are considered significant and unavoidable. Wildfire  Cumulative Impacts: When combined with past and future development in the adjacent cities and unincorporated County area, the project’s contribution to the cumulative impact would be cumulatively considerable, and therefore, significant and unavoidable D. PROJECT BENEFITS IN SUPPORT OF THE STATEMENT OF OVERRIDING CONSIDERATIONS The following section describes the benefits of the proposed project that outweigh the project’s unavoidable adverse effects and provides specific reasons for considering the project acceptable even though the DEIR has indicated that there will be 15 significant project impacts. Accordingly, this Statement of Overriding Considerations regarding potentially significant adverse environmental impacts resulting from the proposed project, as set forth below, has been prepared. Pursuant to CEQA Guidelines §15093(c), the Statement of Overriding Considerations will be included in the record of the project approval and will also be noted in the Notice of Determination. Each of the benefits identified below provides a separate and independent basis for overriding the significant environmental effects of the proposed project. Having reduced the potential effects of the proposed project through all feasible standard conditions of approval, General Plan Update policies, and applicable regulations, as described previously herein, and balancing the benefits of the proposed project against its potential unavoidable adverse impacts on Aesthetics (cumulative impacts), agriculture and forestry resources, air quality, biological resources, cultural resources, greenhouse gas emissions, mineral resources (cumulative impacts), noise, transportation, and wildfire (cumulative impacts) if the standard conditions of approval for these impacts cannot be implemented, the City finds that the following legal requirements and benefits of the proposed project individually and collectively outweigh the potentially significant unavoidable adverse impacts for the following reasons: 1. Implements the Objectives Established for the Proposed Project The proposed project would provide goals and policies that would facilitate and achieve the project objectives: Page 335 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 72 - 1. Provide a human-scaled design, with buildings and outdoor spaces oriented towards people connected by safe and comfortable streets, pathways, and trails that provide equitable access for all. 2. Focus transformative growth along major corridors and allowing incremental change in the neighborhoods. 3. Increase jobs in the City to encourage more residents to work locally and reduce commuting out of the City to work. 4. Maintain and enhance conservation areas. 5. Create vibrant activity nodes and a “real downtown” with one or several major activity centers, with varied cultural opportunities and public art providing areas for social, civic, and commercial activity. 2. Provides an Increase in Housing to Meet the City’s Regional Housing Needs The proposed project would introduce 25,685 housing units in the City and SOI. To make meaningful reforms to the housing crisis in California, the State Department of Housing and Community Development (HCD) recently declared that cities and counties in Southern California will have to plan for the construction of 1.3 million new homes in the next decade. The Southern California Association of Governments (SCAG) will distribute the increased targets to jurisdictions based on factors such as jobs, households, and affordability. For cities and counties that do not perform, the state can withhold state transportation revenue generated from Senate Bill 1 (2017). The Housing Element of the General Plan Update includes several policies to support a variety of housing types and densities to accommodate residents in the City. 3. Consistency with the Regional Goals in the Connect SoCal On September 3, 2020, SCAG adopted the SoCal 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) that replaces the 2016-2040 RTP/SCS. The 2020-2045 RTP/SCS identifies goals to encourage regional economic prosperity, improve mobility for people and goods, enhance resiliency of transportation, increase travel choices, reduce greenhouse gas emissions, support healthy communities, adapt to climate change, leverage new transportation technology, encourage development of diverse housing types, and conserve natural and agricultural lands. The proposed project provides goals and policies that would be consistent with the goals of the RTP/SCS. For instance, the General Plan Update would address economic growth in the City and SOI by supporting job creation and reducing jobs-housing imbalance; improve mobility by proposing vehicular, bicycle, and pedestrian circulation systems; and would reduce greenhouse gas emissions by reducing VMT due to the mix of uses permitted in the General Plan Update. 4. Promotes the City’s Economic Vision The General Plan Update supports the City’s economic vision by including economic strategies that reflect the changing condition and promote fiscal sustainability. Policies from the Land Use and Page 336 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 73 - Community Character Element of the proposed General Plan that support the City’s fiscal sustainability and economic vision include:  LC-3.1 Community Value. Actively manage growth and investments in the community to maximize the value of new development, seeking value-per-acre outcomes of up to six times higher.  LC-3.2 Community Benefit. Require a community benefit and economic analysis for large projects that abut existing neighborhoods or for any project at the maximum density, with a focus on resolving physical, economic, and aesthetic impacts.  LC-3.3 Community Amenities. Balance the impacts of new development, density, and urbanization through the provision of a high-level of neighborhood and community amenities and design features.  LC-3.4 Institutional Land Uses. Site new institutional land uses based on all forms of access available to the service population. Satellite offices that are disbursed in the community may be necessary to ensure equitable access.  LC-3.5 Efficient Growth. Manage growth in a manner that is fiscally sustainable, paced with the availability of infrastructure, and protects and/or enhances community value. Discourage growth and development that will impact the City’s ability to sustainably maintain infrastructure and services.  LC-3.6 Diverse Economy. Guide development and public investments to maintain a fiscally sound city with a diverse and sustainable tax base.  LC-3.7 Developing Our Economy. Actively promote and encourage opportunities for local economic development, education, housing, locally hiring, internships and employment from cradle to career so as to increase resident retention, improve and grow a strong local economy, achieve a positive jobs-housing match; retain critical educational resources and human capital, reduce regional commuting, gas consumption and greenhouse gas emissions and ensure equitable opportunities for all residents of the City and region to thrive.  LC-3.8 Jobs-housing match. Encourage new employment generating uses and businesses that improve the jobs-housing match in the city.  LC-3.9 Infrastructure Funding. Actively investigate and support new funding mechanisms that enable the City to maintain services and infrastructure. Discourage the formation of bonded Community Facilities Districts unless there are compelling and substantial wide-spread community benefits.  LC-3.10 Economic Synergy. Encourage businesses and development that will support and/or enhance the operations of existing businesses when complimentary to the General Plan Vision while discouraging new development and businesses that will have detrimental impacts to existing businesses and development. Page 337 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 74 - 5. Complies with Current Legislations AB 1358 – California Complete Streets Acts (2008) The General Plan Update contains policies that help the City implement AB 1358, the California Complete Streets Act, including:  LC-5.1. Improved Street Network. Systematically extend and complete a network of complete streets to ensure a high-level of multi-modal connectivity within and between adjacent Neighborhoods, Centers, and Districts. Plan and implement targeted improvements to the quality and number of pedestrian and bicycle routes within the street and trail network, prioritizing connections to schools, parks, and neighborhood activity centers.  MA-2.1 Complete Streets. Require that new roadways include provisions for complete streets, balancing the needs of all users of all ages and capabilities.  MA-2.2 New Streets. To achieve the vision for transportation and mobility in the city, the final design, location, and alignment of streets shall provide levels of access, connectivity, and circulation consistent with the conceptual layouts shown in this Mobility and Access Chapter.  MA-2.3 Street Design. Implement innovative street and intersection designs to maximize efficiency and safety in the city. Use traffic calming tools to assist in implementing complete street principles. Possible tools include roundabouts, curb extensions, high visibility crosswalks, and separated bicycle infrastructure.  MA-2.4 Street Connectivity. Require connectivity and accessibility to a mix of land uses that meets residents’ daily needs within walking distance.  MA-2.5 Street Vacations. Prioritize pedestrian and utility connectivity over street vacations.  MA-2.6 Context. Ensure that complete streets applications integrate the neighborhood and community identity into the street design. This can include special provisions for pedestrians and bicycles.  MA-2.9 High-Quality Pedestrian Environment. Enhance sidewalks to create a high-quality pedestrian environment, including wider sidewalks, improved pedestrian crossings, buffers between sidewalks and moving traffic, pedestrian lighting, wayfinding signage, shade trees, increased availability of benches, end of cul-de-sac access, etc.  MA-2.10 Block Pattern. Require development projects to arrange streets in an interconnected block pattern, so that pedestrians, bicyclists, and drivers are not forced onto arterial streets for inter- or intra- neighborhood travel. SB 1000 – Environmental Justice (2016) Senate Bill 1000 (SB 1000), Planning for Healthy Communities Act, mandate that cities adopt an environmental justice (EJ) element or integrate EJ policies, objectives, and goals into other elements Page 338 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 75 - in their general plans. Table WP-3 in Volume 4 of the General Plan Update includes equity and environmental justice action items such as continue to update the “Improve the Healthy Communities” program and identifying resources for existing sensitive receptors experiencing adverse air quality issues. SB 1241 – Safety Element Fire Hazard Impacts (2012) California Government Code § 65302 requires that safety elements be revised periodically to address wildfire risks in accordance with regulations and guidance promulgated by the Board of Forestry and Fire Protection. The Safety Element of the General Plan Update includes goals and policies pertaining to emergency preparedness and programming, and fire personnel and facilities within the City, and reducing fire hazards:  S-1.1 City Staff Readiness. Ensure City staff and departments demonstrate a readiness to respond to emergency incidents and events.  S-1.2 Culture of Preparedness. Promote a culture of preparedness for businesses and residents that empowers them to increase their resilience to hazard related events and a changing climate.  S-1.3 Evacuation Capacity. Require new developments, redevelopments, and major remodels to enhance the City’s evacuation network and facilities and comply with the City’s Evacuation Assessment.  S-1.4 WUIFA Access Points. Require all new developments and redevelopments within the WUIFA to provide a minimum of two points of access by means of public roads that can be used for emergency vehicle response and evacuation purposes.  S-1.5 Enhanced Circulation. In areas of the city with limited access routes and circulation challenges, require additional roads and improvements to ensure adequate emergency vehicle response and evacuation.  S-1.6 Evacuation Road Widths. Require any roads used for evacuation purposes to provide at least 26 feet of unobstructed pavement width.  S-1.7 Maintenance of Plans. Maintain and regularly update the City’s Local Hazard Mitigation Plan (LHMP) as an integrated component of the General Plan, in coordination with the Community Wildfire Protection Plan (CWPP), the Emergency Operations Plan (EOP), the Evacuation Plan, and Standardized Emergency Management System (SEMS) compliant disaster plans to maintain eligibility for grant funding.  S-1.8 Regional Coordination. Ensure regional coordination continues with neighboring jurisdictions, County, State, and Federal agencies on emergency management and risk  reduction planning and activities.  S-1.9 Mutual Aid. Ensure mutual aid agreements with Federal, State, local agencies, and the private sector establish responsibility boundaries, joint response services, and multi-alarm and station coverage capabilities.  S-3.1 Fire Risk Reduction. Apply all state and local codes and regulations (fire safe design, adherence to Standard 49-1) to new development, redevelopment, and major remodels in the  WUIFA. Page 339 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 76 -  S-3.2 Fire Protection Plans. All new development, redevelopment, and major remodels in the WUIFA will require the preparation of Fire Protection Plans (FPPs) to reduce fire threat, in accordance with Fire District policies and procedures.  S-3.3 Vegetation Management. Owners of properties and public/private roads within and adjacent to the WUIFA are required to conduct brush clearance and fuel modification to reduce fire ignition potential and spread.  S-3.4 Buffer Zones. Require development projects to incorporate buffer zones as deemed necessary by the City’s Fire Marshal for fire safety and fuel modification.  S-3.5 Water Supply. All developments will meet fire flow requirements identified in the Fire Code.  S-3.6 Coordination with Agencies. Coordinate with State, regional, and local agencies and service providers on fire risk reduction planning and activities.  S-3.7 Wildfire Awareness. Assist residents and property owners with being better informed on fire hazards and risk reduction activities in the WUIFA.  S-3.8 New Essential Facilities (WUIFA). Prohibit the siting of new essential public facilities (including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities) within the WUIFA, unless appropriate construction methods or strategies are incorporated to minimize impacts. SB 379 – Climate Resiliency and Vulnerability (2015) In order to comply with Government Code Section 65302(g)(4), a climate change vulnerability assessment, adaptation plan to address these vulnerabilities, and a comprehensive hazard mitigation and emergency response strategy are needed. The Resource Conservation Element provides climate change policies:  RC-6.1 Climate Action Plan. Maintain and implement a Climate Action Plan (CAP) that provides best management practices for reducing greenhouse gas emissions.  RC-6.2 Renewable Energy. Encourage renewable energy installations and facilitate green technology and business.  RC-6.3 Reduce Energy Consumption. Encourage a reduction in community-wide energy consumption.  RC-6.4 Urban Forest. Protect the city’s healthy trees and plant new ones to provide shade, carbon sequestration, and purify the air.  RC-6.5 GHG Reduction Goal. Reduce emissions to 80 percent below 1990 levels by 2050 and achieve carbon neutrality by 2045.  RC-6.6 Co-Benefits. Prioritize the development and implementation of GHG reduction measures that also achieve economic, health, social, environmental, and other co-benefits for the City and its residents and businesses. Page 340 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 77 -  RC-6.7 Structural Equity. Encourage GHG reduction and climate adaptation measures such as trail completion, equipment upgrade, sidewalk connectivity, tree planting, and buffers be included in the City’s Capital Improvement Program (CIP) to improve areas of the city where these features are lacking.  RC-6.8 Reduce Vehicle Trips. Require Transportation Demand Management (TDM) strategies, such as employer provided transit pass/parking credit, bicycle parking, bike lockers, highspeed communications infrastructure for telecommuting, and carpooling incentives, for large office, commercial, and industrial uses.  RC-6.9 Access. Require pedestrian, vehicle, and transit connectivity of streets, trails, and sidewalks, as well as between complementary adjacent land uses.  RC-6.10 Green Building. Encourage the construction of buildings that are certified Leadership in Energy and Environmental Design (LEED) or equivalent, emphasizing technologies that reduce GHG emissions.  RC-6.11 Climate-Appropriate Building Types. Encourage alternative building types that are more sensitive to and designed for passive heating and cooling within the arid environment found in Rancho Cucamonga.  RC-6.12 Reduced Water Supplies. When reviewing development proposals, consider the possibility of constrained future water supplies and require enhanced water conservation measures.  RC-6.13 Designing for Warming Temperatures. When reviewing development proposals, encourage applicants and designers to consider warming temperatures in the design of cooling systems.  RC-6.14 Designing for Changing Precipitation Patterns. When reviewing development proposals, encourage applicants to consider stormwater control strategies and systems for sensitivity to changes in precipitation regimes and consider adjusting those strategies to accommodate future precipitation regimes.  RC-6.15 Heat Island Reductions. Require heat island reduction strategies in new developments such as light-colored paving, permeable paving, right-sized parking requirements, vegetative cover and planting, substantial tree canopy coverage, and south and west side tree planting.  RC-6.16 Public Realm Shading. Strive to improve shading in public spaces, such as bus stops, sidewalks and public parks and plazas, through the use of trees, shelters, awnings, gazebos, fabric shading and other creative cooling strategies.  RC-6.17 Offsite GHG Mitigation. Allow the use of creative mitigation efforts such as offsite mitigation and in lieu fee programs as mechanisms for reducing project-specific GHG emissions.  RC-6.18 Water Sources with Low GHG Emissions. Encourage local and regional water utilities to obtain water from sources with low or no GHG emissions. Page 341 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 78 - SB 32 – Global Warming Solutions Act (2016) As part of the General Plan Update, the City of Rancho Cucamonga proposes to update its Climate Action Plan (CAP) which covers greenhouse gas (GHG) emissions and emissions reductions in the City. The GHG reduction measures of the CAP allow the City to continue reductions consistent with the State’s interim emissions reduction goal of lowering. The CAP includes the following goals:  Goal 1: Zero Emissions and Clean Fuels. A community that uses zero emission vehicles and clean vehicles to move people and goods.  Goal 2: Efficient and Carbon Free Buildings. An existing building stock that is energy efficient and net zero carbon.  Goal 3: Green Building. Development practices that demonstrate high environmental performance through decarbonization, sustainable design, and zero net carbon buildings.  Goal 4: Sustainable City-Facilities. City-facilities that achieve high levels of sustainable design.  Goal 5: Zero Emission Electricity. A city powered by carbon free electricity.  Goal 6: Thriving Urban Forests. A community with significant urban forestry resources.  Goal 7: Local Food. A community with locally grown and affordable food.  Goal 8: Water Conservation. A community that conserves and recycles water.  Goal 9: Efficient Wastewater Management. A city that generates minimal wastewater through sustainable treatment and reuse.  Goal 10: Zero-Waste. A community that produces minimal solid waste.  Goal 11: Regional Mobility Hub. A multimodal transportation hub that connects regional and local destinations through a symbiotic relationship with regional partners.  Goal 12: Active Transportation. A first-class pedestrian and bicycle network that fosters safe and connected access to non-motorized travel and recreation.  Goal 13: Sustainable Transportation. A transportation network that adapts to changing mobility needs while preserving sustainable community values. 6. Other Considerations There are unavoidable, significant impacts in 10 categories: Aesthetics, Agriculture and Forestry Resources, Air Quality, Biological Resources, Cultural Resources, Greenhouse Gas Emissions, Mineral Resources, Noise, Transportation, and Wildfire.  If the City does not update the General Plan, there would still be significant impacts relating to air quality, GHG emissions, and noise. Even without any growth in the City, which is not a realistic Page 342 City of Rancho Cucamonga General Plan Update Project CEQA Findings of Fact and Statement of Overriding Considerations - 79 - scenario, the significant impacts relating to air quality and GHG emissions will occur simply due to regional growth.  Impacts relating to construction noise are temporary in nature. E. Conclusion The City Council of Rancho Cucamonga has balanced the project’s benefits against the significant unavoidable impact. The City Council finds that the proposed project’s benefits, which aim to enhance the City of Rancho Cucamonga and comply with current legislation, especially housing legislation, outweigh the project’s significant unavoidable impacts, and these impacts, therefore, are considered acceptable in the light of the project’s benefits. The City Council finds that each of the benefits described above is an overriding consideration, independent of the other benefits, that warrants approval of the project notwithstanding the project’s significant unavoidable impact. V. FINDINGS ON RESPONSES TO COMMENTS ON THE DEIR AND REVISIONS TO THE FEIR The Final EIR contains response to comments, revisions, clarifications, the mitigation monitoring and reporting program, and corrections to the DEIR. The focus of the response to comments is on the disposition of significant environmental issues as raised in the comments, as specified by State CEQA Guidelines Section 15088(b). The City provided written responses to each comment made by a public agency, as set forth in Section 2 of the FEIR, pursuant to State CEQA Guidelines Section 15088(b). City staff has reviewed this material and determined that none of this material constitutes the type of significant new information that requires recirculation of the DEIR for further public comment under CEQA Guidelines Section 15088.5. None of this new material indicates that the project will result in a significant new environmental impact not previously disclosed in the DEIR. Additionally, none of this material indicates that there would be a substantial increase in the severity of a previously identified environmental impact that will not be reduced to less than significant, or that there would be any of the other circumstances requiring recirculation described in Section 15088.5 of the CEQA Guidelines. Page 343 December 2021 | Mitigation Monitoring and Reporting Program State Clearinghouse No. 2021050261 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE for City of Rancho Cucamonga Prepared for: City of Rancho Cucamonga Contact: Jennifer Nakamura, Management Analyst II 10500 Civic Center Drive, Rancho Cucamonga, CA 91730 909.774.4324 Prepared by: PlaceWorks Contact: Mark Teague, AICP, Principal 3 MacArthur Place, Suite 1100 Santa Ana, California 92707 714.966.9220 info@placeworks.com www.placeworks.com Page 344 Page 345 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA Table of Contents December 2021 Page i Section Page 1. INTRODUCTION .............................................................................................................................. 1 1.1 PURPOSE OF MITIGATION MONITORING AND REPORTING PROGRAM ............................ 1 1.2 PROJECT LOCATION ....................................................................................................................................... 1 1.3 PROJECT DESCRIPTION ................................................................................................................................. 2 1.4 ENVIRONMENTAL IMPACTS ........................................................................................................................ 2 2. MITIGATION MONITORING REQUIREMENTS .............................................................................. 5 2.1 CATEGORIZED MITIGATION MEASURES/MATRIX ......................................................................... 5 3. REPORT PREPARATION .................................................. ERROR! BOOKMARK NOT DEFINED. 3.1 LIST OF PREPARERS ......................................................... ERROR! BOOKMARK NOT DEFINED. Page 346 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA Table of Contents Page ii PlaceWorks List of Tables Table Page Table 1 Mitigation Monitoring Requirements ................................................................................................ 7 Page 347 December 2021 Page 1 1. Introduction 1.1 PURPOSE OF MITIGATION MONITORING AND REPORTING PROGRAM This Mitigation Monitoring and Reporting Program (MMRP) has been developed to provide a vehicle by which to monitor mitigation measures and conditions of approval outlined in the Draft Environmental Impact Report (DEIR), State Clearinghouse No. 2021050261. The Mitigation Monitoring and Reporting Program has been prepared in conformance with Section 21081.6 of the Public Resources Code and Rancho Cucamonga Monitoring Requirements. Section 21081.6 states: (a) When making findings required by paragraph (1) of subdivision (a) of Section 21081 or when adopting a mitigated negative declaration pursuant to paragraph (2) of subdivision (c) of Section 21080, the following requirements shall apply: (1) The public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. For those changes which have been required or incorporated into the project at the request of a responsible agency or a public agency having jurisdiction by law over natural resources affected by the project, that agency shall, if so requested by the lead or responsible agency, prepare and submit a proposed reporting or monitoring program. (2) The lead agency shall specify the location and custodian of the documents or other material which constitute the record of proceedings upon which its decision is based. 1.2 PROJECT LOCATION The City of Rancho Cucamonga is in the Inland Empire in southwestern San Bernardino County, California. The City is surrounded by developed municipalities to the west, south, and east including the cities of Upland, Ontario, and Fontana and a large area of rural unincorporated San Bernardino County to the north and east. The northernmost portion of the City’s Sphere of Influence (SOI) is adjacent to the San Bernardino National Forest. Interstate and regional access to the City is provided by Interstate 15 (I-15), which runs in a general north-south direction and bisects the eastern portion of the City, and by State Route 210 (SR-210), an east- west freeway that runs through the center of the City. The I-10 freeway also provides regional access and is located approximately 0.75-mile south of the City boundary. Page 348 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 1. Introduction Page 2 PlaceWorks 1.3 PROJECT DESCRIPTION The project is an update of the City of Rancho Cucamonga’s General Plan. The General Plan is a state-required legal document that provides guidance to decision-makers regarding the allocation of resources and determining the future physical form and character of development in the City and its SOI. It is the official statement of the City regarding the extent and types of development needed to achieve the community’s physical, economic, social, and environmental goals. Although the General Plan is composed of individual chapters that individually address a specific area of concern, the General Plan embodies a comprehensive and integrated planning approach for the jurisdiction. The project includes the following elements that address all the required topics in state law:  Land Use and Community Character  Focus Areas  Open Space  Mobility and Access  Housing  Public Facilities and Services  Resource Conservation  Safety  Noise The General Plan Update would result in an increase of 25,685 dwelling units, 57,566 residents, 6,802 square feet of retail/commercial space, 3,533 square feet of office space, and a reduction of 2,055 square feet of industrial/flex space, compared to existing conditions. The City of Rancho Cucamonga is also proposing to update the City’s Climate Action Plan (CAP). The CAP identifies greenhouse gas (GHG) reduction measures that allow the City to continue reductions consistent with the State’s interim emissions reduction goal of lowering emissions. 1.4 ENVIRONMENTAL IMPACTS 1.4.1 Impacts Considered No Impact or Less Than Significant The EIR identified various thresholds from the CEQA Guidelines among a number of environmental categories that would not significantly impact the proposed project as identified in Chapter 5, Environmental Analysis, and therefore, did not require mitigation. Impacts to the following environmental resources were found to be less than significant or no impact:  Aesthetics  Energy  Geology and Soil  Hazards and Hazardous Materials  Population, Housing, and Employment  Public Services  Recreation  Tribal Cultural Resources Page 349 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 1. Introduction December 2021 Page 3  Hydrology and Water Quality  Land Use and Planning  Mineral Resources  Utilities and Service Systems  Wildlife 1.4.2 Unavoidable Significant Adverse Impacts The following impacts would remain significant and unavoidable after implementation of standard conditions of approval, as identified in the EIR:  Aesthetics (cumulative impacts only)  Agriculture and Forestry Resources  Air Quality  Biological Resources  Cultural Resources  Greenhouse Gas Emissions  Mineral Resources (cumulative impacts only)  Noise  Transportation  Wildfire (cumulative impacts only) Page 350 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 1. Introduction Page 4 PlaceWorks This page intentionally left blank. Page 351 December 2021 Page 5 2. Mitigation Monitoring Requirements 2.1 CATEGORIZED MITIGATION MEASURES/MATRIX Standard conditions of approval, and General Plan policies have been categorized in matrix format, as shown in Table 1, Mitigation Monitoring Requirements. The matrix identifies the environmental factor, specific standard conditions of approval and General Plan policies, schedule, and responsible monitor. The mitigation matrix will serve as the basis for scheduling the implementation of, and compliance with, all standard conditions of approval and General Plan policies. Page 352 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 6 PlaceWorks This page intentionally left blank. Page 353 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 7 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) As a result of public and staff review of the Draft EIR, a single mitigation measure has been added to the Draft EIR. The mitigation measure will be as follows: MM-1 The City shall apply all applicable standard conditions of approval to future development within the City. City of Rancho Cucamonga Community Development Department At the time future development is proposed City of Rancho Cucamonga Development Department AESTHETICS Standard Conditions of Approval 5.1-1: A detailed on-site lighting plan, including a photometric diagram, shall be submitted by project applicants and reviewed and approved by the Planning Director and Police Department prior to the issuance of building permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. Future Project Applicant Prior to issuance of building permits City of Rancho Cucamonga Community Development Department, Rancho Cucamonga Police Department 5.1-2: Solar access easements shall be dedicated for the purpose of assuming that each lot or dwelling unit shall have the right to receive sunlight across adjacent lots or units for use of a solar energy system. The easements may be contained in a Declaration of Restrictions for the subdivision which shall be recorded concurrently with the recordation of the final map or issuance of permits, whichever comes first. The easements shall prohibit the casting of shadows by vegetation, structures, fixtures, or any other object, except for utility wires and similar objects, pursuant to Development Code Section 17.08.060-G- 2. Future Project Applicant Concurrently with the recordation of the final map or issuance of permits, whichever comes first City of Rancho Cucamonga Community Development Department Applicable General Plan Policies LC-1.2: Quality of Place. Ensure that new infill development is compatible with the existing, historic, and envisioned future character and scale of each neighborhood. LC-1.3: Quality of Public Space. Require that new developments incorporate the adjacent street and open space network into their design to soften the transition between private and public realm and creating a greener more - human-scale experience. Page 354 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 8 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) LC-1.5: Master Planning. When planning a site, there must be meaningful efforts to master plan the site so as to ensure a well-structured network and block pattern with sufficient access and connectivity to achieve the placemaking goals of this General Plan. LC-1-8: Public Art. Require new construction to participate in the acquisition and installation of public art in accordance with the City Public Arts Program. LC-1.11:Compatible Development. Allow flexibility in density and intensity to address specific site conditions and ensure compatibility of new development with adjacent context. LC-1.12: Adaptive Reuse. Support the adaptive reuse of historic properties consistent with neighborhood character. C-1.14: Street Amenities and Lighting. Modify pedestrian and street amenities, lighting styles, and intensities to be compatible with the character of the surrounding neighborhoods. LC-2.1: Building Orientation. Require that buildings be sited near the street and organized with the more active functions—entries, lobbies, bike parking, offices, employee break rooms, and outdoor lunch areas—facing toward and prominently visible from the street and visitor parking areas. LC-2.2: Active Frontages. Require new development abutting streets and other public spaces to face the public realm with attractive building facades and entries to encourage walking, biking, and public transit as primary—not “alternative”— mobility modes. LC-2.4: Tree planting. Require the planting of trees that shade the sidewalks, buffer pedestrians from traffic, define the public spaces of streets, and moderate Page 355 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 9 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) high temperatures and wind speeds throughout the city. LC-2.5: Gradual Transitions. Where adjacent to existing and planned residential housing, require that new development of a larger form or intensity transition gradually to complement the adjacent residential uses. LC-2.6: Commercial Requirements. Require development projects in non- residential and mixed-use areas to provide for enhanced pedestrian activity through the following techniques:  Require that the ground floor of buildings where retail uses are allowed have a minimum 15 feet floor-to-floor height.  Require that the ground floor of the building occupy the majority of the lot’s frontage, with exceptions for vehicular access where necessary.  Require that most of the linear ground floor retail frontage (where such occurs) be visually and physically “open” to the street, incorporating windows and other design treatments to create an engaging street frontage.  Minimize vehicle movements across the sidewalk.  Allow for and encourage the development of outdoor plazas and dining areas. LC-2.7: Shared Parking. Encourage structured and shared parking solutions that ensure that parking lots do not dominate street frontages and are screened from public views whenever possible. LC-2.8: Landscaping. Require development projects to incorporate high quality landscaping to extend and enhance the green space network of the city. LC-4.1: Neighborhood Preservation. Preserve and enhance the character of existing residential neighborhoods. LC-4.3: Complete Neighborhoods. Strive to ensure that all new neighborhoods, Page 356 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 10 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) and infill development within or adjacent to existing neighborhoods, are complete and well structured such that the physical layout and land use mix promote walking to services, biking, and transit use and have the following characteristics.  Be organized into human-scale, walkable blocks, with a high level of connectivity for pedestrians, bicycles, and vehicles.  Be organized in relation to one or more focal activity centers, such as a park, school, civic building, or neighborhood retail, such that most homes are no further than one-quarter mile.  Require development patterns such that 60 percent of dwelling units are within one-half mile walking distance to neighborhood goods and services, such as markets, cafes, restaurants, churches, dry cleaners, laundromats, farmers markets, banks, hair care, pharmacies, and similar uses.  access to goods and services within a safe, comfortable walking distance.  Provide as wide a diversity of housing styles and types as possible, appropriate to the existing neighborhood context.  Provide homes with entries and windows facing the street, with driveways and garages generally deemphasized in the streetscape composition. LC-4.6: Block Length. Require new neighborhoods to be designed with blocks no longer than 600 feet nor a perimeter exceeding 1,800 feet. Exceptions can be made if mid-block pedestrian and bicycle connections are provided, or if the neighborhood is on the edge of town and is intended to have a rural or semi-rural design character. LC-4.10: Neighborhood Transitions. Require that new neighborhoods provide appropriate transitions in scale, building type, and density between different General Plan designations, place types, and community planning areas. LC-4.11: Conventional Suburban Neighborhood Design. Discourage the construction of new residential neighborhoods that are characterized by sound Page 357 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 11 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) wall frontages on any streets, discontinuous cul-de-sac street patterns, long block lengths, single building and housing types, and lack of walking or biking access to parks, schools, goods, and services. LC-4.12: Neighborhood Edges. Encourage neighborhood edges along street corridors to be characterized by active frontages, whether single-family or multifamily residential, or ground-floor, neighborhood-service non-residential uses. Where this is not possible due to existing development patterns or envisioned streetscape character, neighborhood edges shall be designed based on the following policies: • Strongly discourage the construction of new gated communities except in semi-rural neighborhoods. • Allow the use of sound walls to buffer new neighborhoods from existing sources of noise pollution such as railroads and limited access roadways. • Prohibit the use of sound walls to buffer residential areas from arterial or collector streets. Instead design approaches such as building setbacks, landscaping and other techniques shall be used. • In the case where sound walls might be acceptable, require pedestrian access points to improve access from the neighborhoods to nearby commercial, educational, and recreational amenities; activity centers; and transit stops. • Discourage the use of signs to distinguish one residential project from another. Strive for neighborhoods to blend seamlessly into one another. If provided, gateways should be landmarks and urban design focal points, not advertisements for home builders. LC-5.5: Foothill Boulevard as a Gateway. Transform the ends of Foothill Boulevard near the city boundary to a unique gateway environment through street improvements and coordinated infill development along both sides of Foothill Boulevard. Page 358 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 12 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) LC-7.3: Campus Design. Encourage employment areas to be developed like a college campus, with buildings oriented toward an internal roadway, buffer landscaping along the perimeter, and ample opportunities for paths and trails connecting to the City system as well as relaxation areas for employees. LC-7.6: Loading Docks. Require that parking lots, loading docks, outdoor storage, and processing be located behind or beside buildings, not in front, and be screened from public views. OS-1.4: Design Character and Public Art. Require neighborhood parks, greens, and playgrounds to be designed as an integral element of their planning community, reflecting the design character, art, and culture of that neighborhood, center, or district. OS-2.8: Art and Education. Require public art, education, and recreation features on trails, where appropriate. MA-2.5: Context. Ensure that complete streets applications integrate the neighborhood and community identity into the street design. This can include special provisions for pedestrians and bicycles. RC-1.1: View Corridors. Protect and preserve existing signature public views of the mountains and the valleys along roadways, open space corridors, and at other key locations. RC-1.2: Orient toward View Corridors. Encourage new development to orient views toward view corridors, valley, and mountains. C-1.3: Transfer of Development Rights. Allow the transfer of development rights from conservation areas to select development areas throughout the city and sphere of influence to protect hillsides, natural resources, and views and to avoid Page 359 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 13 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) hazards and further the City’s conservation goals. RC-1.4: Dark Sky. Limit light pollution from outdoor sources, especially in the rural, neighborhood, hillside, and open spaces to maintain darkness for night sky viewing. RC-1.5: Transit Corridor Views. Require that new development along major transit routes and travel corridors include 360° project design and landscape or design screening of outdoor activity and storage, including views from the transit routes and travel corridors. RC-1.6: Hillside Grading. Grading of hillsides shall be minimized, following natural landform to the maximum extent possible. Retaining walls shall be discouraged and, if necessary, screened from view. AIR QUALITY Standard Conditions of Approval 5.3-1: The City shall ensure that discretionary development will incorporate best management practices (BMPs) to reduce emissions to be less than applicable thresholds. These BMPs include but are not limited to the most recent South Coast AQMD recommendations for construction BMPs (per South Coast AQMD’s CEQA Air Quality Handbook, South Coast AQMD’s Mitigation Monitoring and Reporting Plan for the 2016 AQMP, and SCAG’s Mitigation Monitoring and Reporting Plan for the 2020-2045 RTP/SCS, or as otherwise identified by South Coast AQMD). Future Project Applicant Prior to project approval City of Rancho Cucamonga Community Development Department 5.3-2: Applicants for future discretionary development projects that would generate construction-related emissions that exceed applicable thresholds, will include, but are not limited to, the mitigation measures recommended by South Coast AQMD (in its CEQA Air Quality Handbook or otherwise), to the extent feasible and applicable to the project. The types of measures shall include but are not limited to: maintaining equipment per manufacturer specifications; lengthening Future Project Applicant Prior to construction activities City of Rancho Cucamonga Community Development Department Page 360 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 14 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) construction duration to minimize number of vehicle and equipment operating at the same time; requiring use of construction equipment rated by the EPA as having Tier 3 (model year 2006 or newer) or Tier 4 (model year 2008 or newer) emissions limits, applicable for engines between 50 and 750 horsepower; and using electric- powered or other alternative-fueled equipment in place of diesel-powered equipment (whenever feasible). Tier 3 equipment can achieve average emissions reductions of 57 percent for NOx, 84 percent for VOC, and 50 percent for particulate matter compared to Tier 1 equipment. Tier 4 equipment can achieve average emissions reductions of 71 percent for NOx, 86 percent for VOC, and 96 percent for particulate matter compared to Tier 1 equipment. 5.3-3: The City shall ensure that discretionary development that will generate fugitive dust emissions during construction activities will, to the extent feasible, incorporate BMPs that exceed South Coast AQMD’s Rule 403 requirements to reduce emissions to be less than applicable thresholds. Future Project Applicant Prior to construction activities City of Rancho Cucamonga Community Development Department 5.3-4: Applicants for future discretionary development projects which will generate construction-related fugitive dust emissions that exceed applicable thresholds will include, but are not limited to, the mitigation measures recommended by South Coast AQMD’s CEQA Air Quality Handbook, to the extent feasible and applicable: • The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excess amounts of dust. • Pre-grading/excavation activities shall include watering the area to be graded or excavated before commencement of grading or excavation operations. Application of watering (preferably reclaimed, if available) should penetrate sufficiently to minimize fugitive dust during grading activities. This measure can achieve PM10 reductions of 61 percent through application of water every three hours to disturbed areas. • Fugitive dust produced during grading, excavation, and construction activities shall be controlled by the following activities: • All trucks shall be required to cover their loads as required by California Vehicle Section 23114. Covering loads and maintaining a freeboard height of Future Project Applicant Prior to construction activities City of Rancho Cucamonga Community Development Department Page 361 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 15 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) 12 inches can reduce PM10 emissions by 91 percent. • All graded and excavated material, exposed soil areas, and active portions of the construction site, including unpaved on-site roadways, shall be treated to prevent fugitive dust. Treatment shall include, but not necessarily be limited to, periodic watering, application of environmentally-safe soil stabilization materials, and/or roll-compaction as appropriate. Watering shall be done as often as necessary and reclaimed water shall be used whenever possible. Application of water every three hours to disturbed areas can reduce PM10 emissions by 61 percent. • Graded and/or excavated inactive areas of the construction site shall be monitored at least weekly for dust stabilization. Soil stabilization methods, such as water and roll-compaction, and environmentally-safe dust control materials, shall be periodically applied to portions of the construction site that are inactive for over four days. If no further grading or excavation operations are planned for the area, the area should be seeded and watered until grass growth is evident, or periodically treated with environmentally-safe dust suppressants, to prevent excessive fugitive dust. Replacement of ground cover in disturbed areas can reduce PM10 emissions by 5 percent. • Signs shall be posted on-site limiting traffic to 15 miles per hour or less. This measure can reduce associated PM10 emissions by 57 percent. • During periods of high winds (i.e., wind speed sufficient to cause fugitive dust to impact adjacent properties), all clearing, grading, earth-moving, and excavation operations shall be curtailed to the degree necessary to prevent fugitive dust created by on-site activities and operations from being a nuisance or hazard off-site or on-site. The site superintendent/supervisor shall use his/her discretion in conjunction with South Coast AQMD when winds are excessive. • Adjacent streets and roads shall be swept at least once per day, preferably at the end of the day, if visible soil material is carried over to adjacent streets and roads. Page 362 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 16 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) • Personnel involved in grading operations, including contractors and subcontractors, should be advised to wear respiratory protection in accordance with California Division of Occupational Safety and Health regulations. Applicable General Plan Policies LC-1.1: Complete Places. Ensure that a broad range of recreational, commercial, education, and civic amenities are nearby and easily accessible to residents and workers in each neighborhood and each employment district. LC-1.3: Quality of Public Space. Require that new development incorporate the adjacent street and open space network into their design to soften the transition between private and public realm and create a greener, more human-scale experience. LC-1.4: Connectivity and Mobility. Work to complete a network of pedestrian- and bike-friendly streets and trails, designed in concert with adjacent land uses, using the public realm to provide more access options. LC-1.9: Infill Development. Enable and encourage infill development with vacant and underutilized properties through flexible design requirements and potential incentives. LC-1.12: Adaptive Reuse. Support the adaptive reuse of historic properties consistent with neighborhood character. LC-1.13: Improved Public Realm. Require that new development extend the “walkable public realm” into previously vacant and/or parking-lot-dominant large single-use parcels of land. LC-2.3: Streetscape. Enhance the pedestrian experience through streetscape improvements such as enhanced street lighting, street trees, and easement Page 363 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 17 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) dedications to increase the widths of the sidewalks, provide side access parking lanes, and other pedestrian and access amenities. LC-2.4: Tree Planting. Require the planting of trees that shade the sidewalks, buffer pedestrians from traffic, define the public spaces of streets, and moderate high temperatures and wind speeds throughout the city. LC-2.11: Park-Once. Allow and encourage strategies that enable adjacent uses and properties to flexibly share parking facilities, so that users can park once and pursue multiple activities on foot before returning to their car, such as:  Unbundling parking from development.  Considering parking “districts” demonstrating sufficient parking within a convenient walking distance. LC-4.2: Connected Neighborhoods. Require that each new increment of residential development make all possible street, trail, and open space connections to existing adjoining parcels. LC-4.3: Complete Neighborhoods. Strive to ensure that all new neighborhoods, and infill development within or adjacent to existing neighborhoods, are complete and well structured such that the physical layout and land use mix promote walking to services, biking and transit use, and have the following characteristics:  Be organized into human-scale, walkable blocks, with a high level of connectivity for pedestrians, bicycles, and vehicles.  Be organized in relation to one or more focal activity centers, such as a park, school, civic building, or neighborhood retail, such that most homes are no further than one-quarter mile.  Require development patterns such that 60 percent of dwelling units are within one-half mile walking distance to neighborhood goods and services, such as Page 364 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 18 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) markets, cafes, restaurants, churches, dry cleaners, laundromats, farmers markets, banks, hair care, pharmacies, and similar uses.  Access to goods and services within a safe, comfortable walking distance.  Provide as wide a diversity of housing styles and types as possible, and appropriate to the existing neighborhood context.  Provide homes with entries and windows facing the street, with driveways and garages generally deemphasized in the streetscape composition. LC-4.8: Solar Orientation. Street, block, and lot layouts should orient a majority of lots within 20 degrees of a north-south orientation for increased energy conservation. LC-4.11: Conventional Suburban Neighborhood Design. Discourage the construction of new residential neighborhoods that are characterized by sound wall frontages on any streets, discontinuous cul-de-sac street patterns, long block lengths, single building and housing types, and lack of walking or biking access to parks, schools, goods, and services. LC-5.1: Improved Street Network. Systematically extend and complete a network of complete streets to ensure a high-level of multi-modal connectivity within and between adjacent Neighborhoods, Centers and Districts. Plan and implement targeted improvements to the quality and number of pedestrian and bicycle routes within the street and trail network, prioritizing connections to schools, parks, and neighborhood activity centers. LC-5.2: Connections Between Development Projects. Require the continuation and connectivity of the street network between adjacent development projects and discourage the use of cul-de-sacs or other dead-end routes. LC-5.3: Green Public Realm. Ensure that a significant tree canopy and landscaping are provided along corridors and linkages between land uses, to Page 365 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 19 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) provide shade and wind protection for pedestrians and bicyclists, and to define these corridors as the “outdoor living rooms” of the city. LC-5.4: Multifamily Development. Focus new multifamily housing development along corridors between commercial nodes and centers and ensure that it is well connected to adjoining neighborhoods and centers by high-quality walking and biking routes. LC-5.6: Foothill Boulevard as a Connector. Transition Foothill Boulevard from a “divider” to a “connector” that brings the north and south sides together. Ensure that new development along the Foothill Corridor generates a high-quality pedestrian- and transit-oriented environment and a concentration of commercial and civic amenities and community gathering places for residents from all parts of the city. LC-6.1: Diverse Centers. Encourage the development of neighborhood-serving, community-serving, and city-serving centers that address the full range community needs and market sectors. LC-6.3: Evolving Centers. Encourage the improvement of existing commercial centers to provide more active, human-scale environments and community gathering places, including the potential for infill housing and office use. LC-6.4: Access to Transit. Encourage the development of commercial and mixed-use centers that are located and organized in relation to existing or planned transit stops, especially along Foothill Boulevard and Haven Avenue. LC-6.5: Walkable Environments. Centers should include very walkable and pedestrian-friendly streets with active building frontages along primary corridors and internal streets. In some cases, side access lanes may be inserted between existing major streets and building frontages, providing a low-speed environment Page 366 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 20 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) that is very safe and comfortable for pedestrians and bicyclists, with pedestrian- oriented building frontages. LC-7.2: Unify and Connect Development. Require that new development in the 21st Century Employment District land use designation unify and connect development along the Haven Avenue Corridor. LC-7.5: Adaptive Industrial Reuse. Encourage adaptive reuse with residential and live/work units, and local serving commercial, in existing industrial structures, particularly in the Central South Community Planning Area. OS-2.1: Trail Corridors. Extend, improve and complete the multi-purpose trail network, wherever possible, by utilizing existing flood control channel and utility corridor rights-of-way as public trail corridors. OS-2.2: Connectivity. Connect trails in Rancho Cucamonga to trails in the San Bernardino National Forest and other hillside open space areas. OS-2.3: Trailheads. Provide trailhead amenities such as parking, restrooms, information boards, and maps. OS-2.4: Equestrian Trails. Continue to maintain and pursue the development of planned trails and facilities for equestrian use. OS-2.6: Design for Heat. Consider extreme heat in the design of streets, parks, trails, and playgrounds to support activity throughout the year and in all weather conditions by including shade trees, shade structures, water fountains, splash pads, lighting for night play in most spaces. OS-2.7: Access. Require new development to provide access to existing or future trails and provide appropriate trail amenities (e.g., benches, drinking fountains, Page 367 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 21 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) hitching posts, bike stands, and other amenities). MA-1.2: Rancho Cucamonga Station Redevelopment. Support redevelopment in and around the Rancho Cucamonga Station to support transit-oriented development. MA-1.4: Local Mobility Hub. Require new development at mobility hubs and key stops along the future bus rapid transit and future circulatory system to facilitate first mile/last mile connectivity to neighborhoods. MA-1.5: Provide Mobility Options. Provide roadway connections and local mobility hubs designed to capture 80 percent of the population and employment south of Base Line Road. MA-1.6: Transit Boulevard Implementation. Require high-quality transit streets to not only account for how transit is impacted by the geometry of the corridor, but also by signal timing, signal phasing, turns, and other operations that may jeopardize the quality of service. MA-2.1: Complete Streets. Require that new roadways include provisions for complete streets, balancing the needs of all users of all ages and capabilities. MA-2.3: Street Connectivity. Require connectivity and accessibility to a mix of land uses that meets residents’ daily needs within walking distance. MA-2.4: Street Vacations. Prioritize pedestrian and utility connectivity over street vacations. MA-2.5: Context. Ensure that complete streets applications integrate the neighborhood and community identity into the street design. This can include special provisions for pedestrians and bicycles. Page 368 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 22 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) MA-2-6: Roadway Scale. Balance roadway size and design configuration to ensure that vehicular speeds, volumes and turning movements do not compromise the safety and comfort of pedestrians and bicyclists. MA-2.9: Block Pattern. Require development projects to arrange streets in an interconnected block pattern, so that pedestrians, bicyclists, and drivers are not forced onto arterial streets for inter- or intra- neighborhood travel (see Placemaking toolkit in Vol. 4 for more information). MA-2.10: Master Planning. Master plan sites so as to ensure a well-structured network and block pattern with sufficient access and connectivity, especially in all focus areas, including the Cucamonga Town Center, Etiwanda Heights Town Center, and the Southeast Industrial Area. MA-2.11: Transportation Demand Management. Require new projects to implement Transportation Demand Management strategies, such as employer- provided transit pass/parking credit, low-speed communications infrastructure for telecommuting, carpooling incentive, etc. MA-2.12: Healthy Mobility. Provide pedestrian facilities and class II buffered bike lanes (or separated bikeways) on auto-priority streets where feasible to promote active transportation. MA-3.1: Pedestrian and Bicycle Networks. Maintain the Active Transportation Plan supporting safe routes to school and a convenient network of identified pedestrian and bicycle routes with access to major employment centers, shopping districts, regional transit centers, and residential neighborhoods. MA-3.2: Traffic Safety. Prioritize transportation system improvements that help eliminate traffic-related fatalities and severe injury collisions. Page 369 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 23 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) MA-3.3: Vulnerable User Safety. Prioritize pedestrian improvements in the Pedestrian Priority Area shown on Figure 8 to promote safety in the southwest area of the city. MA-5.1: Land Use Supporting Reduced VMT. Work to reduce VMT through land use planning, enhanced transit access, localized attractions, and access to non- automotive modes. MA-5.3: Funding. Remain flexible in the pursuit and adoption of transportation funding mechanisms that fund innovative transportation solutions. MA-5.4: Intelligent Systems Preparation. Upgrade the City’s ATMS [Advanced Traffic Management System] and communications systems to ensure that the City meets the intelligent transportation system demands of today while planning for future demands associated with AVs and CVs. PF-6.1: Recycling. Encourage recycling and organics collection and processing in all sectors of the community to divert items from entering landfills. PF-6.2: Refuse Facilities. Consult with public agencies and private contractors to ensure adequate organics processing facilities are available. RC-5.1: Pollutant Sources. Minimize increases of new air pollutant emissions in the city and encourage the use of advance control technologies and clean manufacturing techniques. RC-5.2: Air Quality Land Use Compatibility. Avoid siting of homes, schools, hospitals, and childcare facilities and land uses within 500 feet of land uses that are considered large emitters. RC-5.3: Barriers and Buffers. Require design features such as site and building orientation, trees or other landscaped barriers, artificial barriers, ventilation and Page 370 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 24 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) filtration, construction, and operational practices to reduce air quality impacts during construction and operation of large stationary and mobile sources. RC-5.4: Health Risk Assessment. Consider the health impacts of development of sensitive receptors within 500 feet of a freeway, rail line, arterial, collector or transit corridor sources using health risk assessments to understand potential impacts. RC-5.5: Community Benefit Plan. Require that any land use generating or accommodating more than 100 trucks per day, more than 40 trucks with operating transport refrigeration units (TRUs) per day, or where TRU unit operations exceed 300 hours per week, provide a community benefit plan demonstrating an offset to community impacts of the truck traffic. RC-5.6: New Sensitive Receptors Near Existing Industrial Uses. Avoid placing homes, schools, hospitals, and childcare facilities within 1,000 feet of a land use that accommodates more than 100 trucks per day, more than 40 trucks with operating transport refrigeration units (TRUs) per day, or where TRU unit operations exceed 300 hours per week. RC-5.7: New Localized Air Pollution Sources Near Existing Sensitive Receptors. Avoid placing land uses that accommodate more than 100 trucks per day, more than 40 trucks with operating transport refrigeration units (TRUs) per day, or where TRU unit operations exceed 300 hours per week within 1,000 feet of homes, schools, hospitals, and childcare facilities. RC-5.8: Truck Hook-Ups at New Industrial or Commercial Developments. Require new industrial or commercial developments at which heavy-duty diesel trucks idle on-site to install electric truck hook-ups in docks, bays, and parking areas. RC-5.9: Clean and Green Industry. Prioritize non-polluting industries and Page 371 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 25 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) companies using zero or low air pollution technologies. RC-5.10: Dust and Odor. Require new construction to include measures to minimize dust and odor during construction and operation. RC-6.1: Climate Action Plan. Maintain and implement a Climate Action Plan (CAP) that provides best management practices for reducing greenhouse gas emissions. RC-6.2: Renewable Energy. Encourage renewable energy installations and facilitate green technology and business. RC-6.3: Reduce Energy Consumption. Encourage a reduction in community- wide energy consumption. RC-6.4: Urban Forest. Protect the city’s healthy trees and plant new ones to provide shade, carbon sequestration, and purify the air. RC-6.5: GHG Reduction Goal. Reduce emissions to 80 percent below 1990 levels by 2050 and achieve carbon neutrality by 2045. RC-6.6: Co-benefits. Prioritize the development and implementation of GHG reduction measures that also achieve economic, health, social, environmental, and other co-benefits for the City and its residents and businesses. RC-6.7: Structural Equity. Encourage GHG reduction and climate adaptation measures such as trail completion, equipment upgrade, sidewalk connectivity, tree planting, and buffers be included in the City’s Capital Improvement Program (CIP) to improve areas of the City where these features are lacking. RC-6.8: Reduce Vehicle Trips. Require Transportation Demand Management strategies such as employer provided transit pass/parking credit, bicycle parking, Page 372 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 26 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) bike lockers, high-speed communications infrastructure for telecommuting, carpooling incentive, etc. for large office, commercial, and industrial uses. RC-6.9: Access. Require pedestrian, vehicle, and transit connectivity of streets, trails, and sidewalks, as well as between complementary adjacent land uses. RC-6.10: Green Building. Encourage the construction of buildings that are certified LEED or equivalent, emphasizing technologies that reduce GHG emissions. RC-6.11: Climate-Appropriate Building Types. Encourage alternative building types that are more sensitive to and designed for passive heating and cooling within the arid environment found in Rancho Cucamonga. RC-6.12: Reduced Water Supplies. When reviewing development proposals, consider the possibility of constrained future water supplies and require enhanced water conservation measures. RC-6.13: Designing for Warming Temperatures. When reviewing development proposals, encourage applicants and designers to consider warming temperatures in the design of cooling systems. RC-6.14: Designing for Changing Precipitation Patterns. When reviewing development proposals, encourage applicants to consider stormwater control strategies and systems for sensitivity to changes in precipitation regimes and consider adjusting those strategies to accommodate future precipitation regimes. RC-6.15: Heat Island Reductions. Require heat island reduction strategies in new developments such as light-colored paving, permeable paving, right-sized parking requirements, vegetative cover and planting, substantial tree canopy coverage, and south and west side tree planting. Page 373 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 27 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) RC-6.16: Public Realm Shading. Strive to improve shading in public spaces, such as bus stops, sidewalks and public parks and plazas, through the use of trees, shelters, awnings, gazebos, fabric shading and other creative cooling strategies. RC-6.17: Off-site GHG Mitigation. Allow the use of creative mitigation efforts such as offsite mitigation and in lieu fee programs as mechanisms for reducing project-specific GHG emissions. RC-6.18: Water Sources with Low GHG Emissions. Encourage local and regional water utilities to obtain water from sources with low or no GHG emissions. RC-7.1: Electric Vehicle (EV) Charging on City Property. As funding is available, encourage the installation of publicly available electric vehicle charging stations at City-owned buildings, facilities, property, and in the public right-of-way. RC-7.2: New EV Charging. Require new multifamily residential, commercial, office, and industrial development to include charging stations, or include the wiring for them. RC-7.3: EV Charging Retrofits. Encourage existing development to retrofit to include charging stations. RC-7.4: New Off-Road Equipment. When feasible, require that off-road equipment such as forklifts and yard tugs necessary for the operations of all new commercial and industrial developments be electric or fueled using clean fuel sources. RC-7.5: Municipal Vehicle Fleet. Reduce fossil fuel consumption of the City’s vehicle fleet by increasing the number of electric or zero emissions vehicles. RC-7.6: Efficiency Retrofits. Encourage existing private property owners to Page 374 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 28 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) implement energy efficiency retrofits during substantial improvement as defined by the California Building Code. RC-7.7: Sustainable Design. Encourage sustainable building and site design that meets the standards of Leadership in Energy and Environmental Design (LEED), Sustainable Sites, Living Building Challenge, or similar certification. RC-7.8: Farmers Market, Fork to Table. Support microscale agriculture and farmers markets, and similar methods of encouraging locally grown and consumed produce. RC-7.9: Passive Solar Design. Require new buildings to incorporate energy efficient building and site design strategies for the arid environment that include appropriate solar orientation, thermal mass, use of natural daylight and ventilation, and shading. RC-7.10: Alternative Energy. Continue to promote the incorporation of alternative energy generation (e.g., solar, wind, biomass) in public and private development. RC-7.11 : Community Development Subdivisions. When reviewing applications for new subdivisions, require residences be oriented along an east-west access, minimizing western sun exposure, to maximize energy efficiency. RC-7.12: Solar Access. Prohibit new development and renovations that impair adjacent buildings’ solar access, unless it can be demonstrated that the shading benefits substantially offset the impacts of solar energy generation potential. RC-7.13: Energy-Efficient Infrastructure. Whenever possible, use energy- efficient models and technology when replacing or providing new city infrastructure such as streetlights, traffic signals, water conveyance pumps, or other public infrastructure. Page 375 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 29 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) BIOLOGICAL RESOURCES Standard Conditions of Approval 5.4-1: Special status plant and wildlife species have the potential to occur within the proposed General Plan Update Study Area. Any project that involves the removal of habitat must consider if any special status species (e.g., Threatened or Endangered species, CNPS List 1B and 2 plants, or species protected under Section 15380 of CEQA) are potentially present on the project site and if the project impacts could be considered significant by the City. If potential habitat is present in an area, focused surveys shall be conducted prior to construction activities in order to document the presence or absence of a species on the project site. Botanical surveys shall be conducted during the appropriate blooming period for a species. If no special status species are found on the project site, no additional action is warranted. If special status species are found, appropriate mitigation would be required in coordination with the City, consistent with its performance criteria of mitigating lost habitat at a ratio no less than one to one (one acre restored for every acre impacted). Qualified Biologist Prior to construction activities City of Rancho Cucamonga Community Development Department 5.4-2: Any project within the proposed General Plan Update Study Area that impacts a Federally listed species, based on a biological survey or other analysis of the project, shall be required to secure take authorization through Section 7 or Section 10 of the Federal Endangered Species Act (FESA) prior to project implementation. Compensation for impacts to the listed species and their habitat shall be mitigated at a ratio no less than one to one (one acre restored for every acre impacted). Project applicants shall be required to plan, implement, monitor, and maintain the mitigated habitat according to the requirements of the Biological Opinion (Section 7) or Habitat Conservation Plan (Section 10) for the project. Prior to issuance of the first action and/or permit which would allow for site disturbance (e.g., grading permit), a detailed mitigation plan shall be prepared by a qualified biologist for approval by the City of Rancho Cucamonga and the USFWS, and shall include: (1) the responsibilities and qualifications of the personnel to implement and supervise the plan; (2) site selection; (3) site preparation and Qualified Biologist Prior to issuance of the first action and/or permit which would allow for site disturbance City of Rancho Cucamonga Community Development Department Page 376 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 30 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) planting implementation; (4) a schedule; (5) maintenance plan/guidelines; (6) a monitoring plan; and (7) long-term preservation requirements. 5.4-3: Any project within the proposed General Plan Update Study Area that impacts a State-listed Threatened or Endangered species shall be required to obtain take authorization (through an Incidental Take Permit) pursuant to the California Endangered Species Act (CESA) and Section 2081 of the California Fish and Game Code. If the species is also listed under the FESA, a consistency finding per Section 2080.1 of CESA is issued when a project receives the USFWS Biological Opinion. Compensation for impacts to the listed species and their habitat shall be mitigated at a ratio no less than one to one (one acre restored for every acre impacted). Project applicants shall be required to plan, implement, monitor, and maintain the mitigated habitat according to the requirements of the 2080 CESA process. Prior to issuance of the first action and/or permit which would allow for site disturbance (e.g., grading permit), a detailed mitigation plan shall be prepared by a qualified biologist for approval by the City of Rancho Cucamonga and the California Department of Fish and Wildlife and shall include: (1) the responsibilities and qualifications of the personnel to implement and supervise the plan; (2) site selection; (3)site preparation and planting implementation; (4) a schedule; (5) a maintenance plan/guidelines; (6) a monitoring plan; and (7) long- term preservation requirements. Qualified Biologist Prior to issuance of the first action and/or permit which would allow for site disturbance City of Rancho Cucamonga Community Development Department 5.4-4: To avoid conflicts with the Migratory Bird Treaty Act and Bald/Golden Eagle Protection Act, construction activities involving vegetation removal shall be conducted between September 16 and March 14. If construction occurs inside the peak nesting season (between March 15 and September 15), a preconstruction survey (or possibly multiple surveys) by a qualified biologist is recommended prior to construction activities to identify any active nesting locations. If the biologist does not find any active nests within the project site, the construction work shall be allowed to proceed. If the biologist finds an active nest within the project site and determines that the nest may be impacted, the biologist shall delineate an appropriate buffer zone around the nest; the size of the buffer zone shall depend Qualified Biologist Vegetation removal shall be be conducted between September 16 and Match 14; or a preconstruction survey shall be conducted during peak nesting season (March 15 and September 15) City of Rancho Cucamonga Community Development Department Page 377 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 31 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) on the affected species and the type of construction activity. Any active nests observed during the survey shall be mapped on an aerial photograph. Only construction activities (if any) that have been approved by a biological monitor shall take place within the buffer zone until the nest is vacated. The biologist shall serve as a construction monitor when construction activities take place near active nest areas to ensure that no inadvertent impacts on these nests occur. Results of the pre-construction survey and any subsequent monitoring shall be provided to the California Department of Fish and Wildlife and the City. 5.4-5: A jurisdictional delineation shall be conducted if a project will impact jurisdictional resources. Permits from the U.S. Army Corps of Engineers (USACE) and Regional Water Quality Control Board (RWQCB) shall be required for impacts on areas within these agencies’ jurisdiction. Acquisition and implementation of the permits may require mitigation. Compensation for impacts to jurisdictional resources shall be mitigated at a ratio no less than one to one (one acre restored for every acre impacted). Project applicants shall be required to plan, implement, monitor, and maintain the mitigated jurisdictional resource according to the requirements of USACE and RWQCB. Prior to issuance of the first action and/or permit that would allow for site disturbance (e.g., grading permit), a detailed mitigation plan shall be prepared by a qualified biologist for approval by the City of Rancho Cucamonga and the appropriate resource agencies, and shall include: (1) the responsibilities and qualifications of the personnel to implement and supervise the plan; (2) site selection; (3) site preparation and planting implementation; (4) a schedule; (5) maintenance plan/guidelines; (6) a monitoring plan; and (7) long- term preservation requirements. Qualified Biologist Prior to issuance of the first action and/or permit which would allow for site disturbance City of Rancho Cucamonga Community Development Department 5.4-6: The Porter-Cologne Act and Sections 1600 to 1616 of the California Fish and Game Code protect “waters of the State.” Agreements (Streambed Alteration Agreements) from the California Department of Fish and Wildlife (CDFW) shall be required for impacts on areas in CDFW’s jurisdiction. Acquisition and implementation of the agreement may require mitigation. Compensation for impacts to CDFW resources shall be mitigated at a ratio no less than one to one Qualified Biologist Prior to issuance of the first action and/or permit which would allow for site disturbance City of Rancho Cucamonga Community Development Department Page 378 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 32 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) (one acre restored for every acre impacted). Project applicants shall be required to plan, implement, monitor, and maintain the mitigation areas according to CDFW requirements. Prior to issuance of the first action and/or permit which would allow for site disturbance (e.g., grading permit), a detailed mitigation plan shall be prepared by a qualified biologist for approval by the City of Rancho Cucamonga and CDFW, and shall include: (1) the responsibilities and qualifications of the personnel to implement and supervise the plan; (2) site selection; (3) site preparation and planting implementation; (4) a schedule; (5) maintenance plan/guidelines; (6) a monitoring plan; and (7) long-term preservation requirements. 5.4-7: The City of Rancho Cucamonga shall require a habitat connectivity/wildlife corridor evaluation for future development projects that may impact existing connectivity areas and wildlife linkages identified in Figure 5.4-6, Wildlife Movement Linkages Map. The results of the evaluation shall be incorporated into the project’s biological report required under standard condition of approval 5.4-1. The evaluation shall also identify project design features that would reduce potential impacts and maintain habitat and wildlife movement. To this end, the City shall incorporate the following measures, to the extent practicable, for projects impacting wildlife movement corridors:  Adhere to low density zoning standards  Encourage clustering of development  Avoid known sensitive biological resources  Provide shielded lighting adjacent to sensitive habitat areas  Encourage development plans that maximize wildlife movement  Provide buffers between development and wetland/riparian areas  Protect wetland/riparian areas through regulatory agency permitting process  Encourage wildlife-passable fence designs (e.g., 3-strand barbless wire fence) on property boundaries Qualified Biologist Prior to construction activities City of Rancho Cucamonga Community Development Department Page 379 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 33 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance)  Encourage preservation of native habitat on the undeveloped remainder of developed parcels  Minimize road/driveway development to help prevent loss of habitat due to roadkill and habitat loss  Use native, drought-resistant plant species in landscape design  Encourage participation in local/regional recreational trail design efforts. Applicable General Plan Policies RC-3.1: Sensitive Habitat. Encourage the preservation of the integrity of sensitive land resources that have significant native vegetation and/or habitat value such as riparian habitat areas, creek corridors, Riversidean Alluvial Fan Sage Scrub (RAFSS), wetlands, and sensitive wildlife habitat that supports biological resources. RC-3.2: Biological Preserves. Allow and encourage the expansion of sensitive biological preserve areas (e.g., North Etiwanda Preserve, Day Creek Preserve, and San Sevaine Preserve) and other important habitat areas with an emphasis on wildlife connectivity between habitats and connectivity to the national forest. RC-3.3: Wildlife Corridors. Encourage the creation, maintenance, and protection of open space areas that provide strategic wildlife corridors and vital connectivity between habitat areas. RC-3.4: Landscape Design. Encourage new development to incorporate native vegetation materials into landscape places and prohibit the use of species known to be invasive according to the California Invasive Plant Inventory. RC-3.5: Buffers from New Development. Require new developments adjacent to identified plant and wildlife habitat areas to establish and maintain a protective buffer. Page 380 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 34 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) RC-3.6: Grading and Vegetation Removal. Limit grading and vegetation removal of new development activities to the minimum extent necessary for construction and to reduce erosion and sedimentation. RC-3.7: Urban Forestry Plan. Minimize damage associated with wind- and fire- related hazards and risks and address climate change and urban heat island effects through the development of an urban forestry plan that addresses a proper and appropriate landscaping, plant and tree selection and replacement, and planting and vegetation management techniques. CULTURAL RESOURCES Standard Conditions of Approval 5.5-1: If a future project pursuant to the General Plan Update contains a designated Historical Landmark, the site shall be developed and maintained in accordance with the applicable Historic Landmark Alteration Permit. Any further modifications to the site including, but not limited to, exterior alterations and/or interior alterations which affect the exterior of the buildings or structures, removal of landmark trees, demolition, relocation, reconstruction of buildings or structures, or changes to the site, shall require a modification to the Certificate of Appropriateness subject to Historic Preservation Commission review and approval. Qualified Historian Prior to construction activities City of Rancho Cucamonga Community Development Department 5.5-2: If human remains or funerary objects are encountered during any activities associated with the project, work in the immediate vicinity (within a 100-foot buffer of the find) shall cease and the County Coroner shall be contacted pursuant to State Health and Safety Code §7050.5 and that code enforced for the duration of the project. County Coroner If human remains or funerary objects are encountered City of Rancho Cucamonga Community Development Department 5.5-3: If a building within the project area was constructed more than 50 years ago, the City will require a determination of whether the building, or site, could be considered historic. If the project is considered historic Chapter 17.18 Historic Preservation will apply. Qualified Historian Prior to construction activities City of Rancho Cucamonga Community Development Department Page 381 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 35 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) 5.5-4: Prior to any construction activities that may affect historical resources (i.e., structures 45 years or older), a historical resources assessment shall be performed by an architectural historian or historian who meets the Secretary of the Interior’s Professionally Qualified Standards in architectural history or history. This shall include a records search to determine if any resources that may be potentially affected by the project have been previously recorded, evaluated, and/or designated in the National Register of Historic Places, California Register of Historic Resources, or a local register. Following the records search, the qualified architectural historian shall conduct a reconnaissance-level and/or intensive-level survey in accordance with the California Office of Historic Preservation guidelines to identify any previously unrecorded potential historical resources that may be potentially affected by the proposed project. Pursuant to the definition of a historical resource under CEQA, potential historical resources shall be evaluated under a developed historic context. Qualified Historian Prior to construction activities City of Rancho Cucamonga Community Development Department 5.5-5: To ensure that projects requiring the relocation, rehabilitation, or alternation of a historical resource not impact its significant, the Secretary of Interior’s Standards for the Treatments of Historic Properties shall be used to the maximum extent possible. The application of the standards shall be overseen by a qualified architectural historian or historic architect meeting the Professionally Qualified Standards. Prior to any construction activities that may affect the historical resource, a report identifying and specifying the treatment of character-defining features and construction activities shall be provided to the City of Rancho Cucamonga. Qualified Historian Prior to construction activities City of Rancho Cucamonga Community Development Department 5.5-6: If a proposed project would result in the demolition or significant alteration of historical resource, it cannot be mitigated to a less than significant level. However, recordation of the resource prior to construction activities will assist in reducing adverse impacts to the resource to the greatest extent possible. Recordation shall take the form of Historic American Buildings Survey, Historic American Engineering Record, or Historic American Landscape Survey documentation, and shall be performed by an architectural historian or historian who meets the Professionally Qualified Standards. Documentation shall include Qualified Historian Prior to demolition City of Rancho Cucamonga Community Development Department Page 382 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 36 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) an architectural and historical narrative; medium- or large-format black and white photographs, negatives, and prints; and supplementary information such as building plans and elevations, and/or historical photographs. Documentation shall be reproduced on archival paper and placed in appropriate local, state, or federal institutions. The specific scope and details of documentation would be developed at the project level. 5.5-7: If cultural resources that are eligible for listing to the National Register of Historic Places, California Register of Historic Resources, or a local register are identified within or adjacent to the proposed development, the construction limits shall be clearly flagged to ensure impacts to eligible cultural resources are avoided or minimized to the extent feasible. Prior to implementing construction activities, a qualified archaeologist shall verify that the flagging clearly delineates the construction limits and eligible resources to be avoided. Since the location of some eligible cultural resources is confidential, these resources will be flagged as environmentally sensitive areas. Qualified Archaeologist Prior to construction activities City of Rancho Cucamonga Community Development Department 5.5-8: To determine the archaeological sensitivity for discretionary projects within the city, an archaeological resources assessment shall be performed under the supervision of an archaeologist that meets the Secretary of the Interior’s Professionally Qualified Standards (PQS) in either prehistoric or historic archaeology. The assessments shall include a California Historical Resources Information System (CHRIS) records search and a search of the Sacred Lands File (SLF) maintained by the Native American Heritage Commission (NAHC). The records searches shall determine if the proposed project has been previously surveyed for archaeological resources, identify and characterize the results of previous cultural resource surveys, and disclose any cultural resources that have been recorded and/or evaluated. A Phase I pedestrian survey shall be undertaken in areas that are undeveloped to locate any surface cultural materials.  If potentially significant archaeological resources are identified through an archaeological resources assessment, and impacts to these resource cannot be avoided, a Phase II Testing and Evaluation investigation shall be performed Qualified Archaeologist Prior to construction activities City of Rancho Cucamonga Community Development Department Page 383 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 37 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) by an archaeologist who meets the PQS prior to any construction-related ground-disturbing activities to determine significance. If resources determined significant or unique through Phase II testing, and site avoidance is not possible, appropriate site-specific mitigation measures shall be established and undertaken. These might include a Phase III data recovery program that would be implemented by a qualified archaeologist and shall be performed in accordance with the Office of Historic Preservation’s Archaeological Resource Management Reports (ARMR): Recommended Contents and Format (1990) and Guidelines for Archaeological Research Designs (1991).  If the archaeological assessment did not identify potentially significant archaeological resources within the proposed General Plan area but indicated the area to be highly sensitive for archaeological resources, a qualified archaeologist shall monitor all ground-disturbing construction and pre- construction activities in areas with previously undisturbed soil. The archaeologist shall inform all construction personnel prior to construction activities of the proper procedures in the event of an archaeological discovery. The training shall be held in conjunction with the project’s initial onsite safety meeting, and shall explain the importance and legal basis for the protection of significant archaeological resources. In the event that archaeological resources (artifacts or features) are exposed during ground-disturbing activities, construction activities in the immediate vicinity of the discovery shall be halted while the resources are evaluated for significance by an archaeologist who meets the PQS. If the discovery proves to be significant, it shall be curated with a recognized scientific or educational repository.  If the archaeological assessment did not identify potentially significant archaeological resources, but indicates the area to be of medium sensitivity for archaeological resources, an archaeologist who meets the PQS shall be retained on an on-call basis. The archaeologist shall inform all construction personnel prior to construction activities about the proper procedures in the event of an archaeological discovery. The training shall be held in conjunction Page 384 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 38 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) with the project’s initial on-site safety meeting, and shall explain the importance and legal basis for the protection of significant archaeological resources. In the event that archaeological resources (artifacts or features) are exposed during ground-disturbing activities, construction activities in the immediate vicinity of the discovery shall be halted while the on-call archaeologist is contacted. If the discovery proves to be significant, it shall be curated with a recognized scientific or education repository. Applicable General Plan Policies LC-1.2: Quality of Place. Ensure that new infill development is compatible with the existing, historic, and envisioned future character and scale of each neighborhood. LD-1.12: Adaptive Reuse. Support the adaptive reuse of historic properties consistent with neighborhood character. RC-4.1: Disturbance of Human Remains. In areas where there is a high chance that human remains may be present, the City will require proposed projects to conduct a survey to establish occurrence of human remains, and measures to prevent impacts to human remains if found. RC-4.2: Discovery of Human Remains. Require that any human remains discovered during implementation of public and private projects within the City be treated with respect and dignity and fully comply with the California Native American Graves Protection and Repatriation Act and other appropriate laws. RC-4.3: Protected Sites. Require sites with significant cultural resources to be protected. RC-4.4: Preservation of Historic Resources. Encourage the preservation of historic resources, buildings, and landscape. Page 385 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 39 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) RC-4.5: Historic Buildings. Encourage the rehabilitation and reuse of older buildings. Page 386 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 40 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) GEOLOGY AND SOILS Page 387 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 41 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) Standard Conditions of Approval 5.7-1: Development of projects pursuant to the General Plan Update shall comply with the City’s modifications to the Alquist-Priolo Earthquake Fault Zone Act that call for geotechnical investigations for all proposed structures designed for human occupancy within the expanded AP Zones, including a zone along a splay of the Cucamonga Fault and another zone along the scarp at Red Hill. Also, geotechnical investigations are required for essential and critical facilities along the buried/uncertain segment of the Red Hill Fault, with a setback requirement of at least 50 feet. Qualified Geologist/Engineer Prior to issuance of building permits City of Rancho Cucamonga Community Development Department 5.7-2: All future building pads shall be seeded and irrigated for erosion control. Detailed plans shall be included in the landscape and irrigation plans to be submitted for Planning Department approval prior to the issuance of building permits. Project Applicant Prior to issuance of building permits City of Rancho Cucamonga Community Development Department 5.7-3: A geological report shall be prepared for an individual project by a qualified engineer or geologist and submitted at the time of application for grading plan check. Qualified Geologist/Engineer During grading plan check City of Rancho Cucamonga Community Development Department 5.7-4: The final grading plan, appropriate certifications and compaction reports shall be completed, submitted, and approved by the Building and Safety Official prior to the issuance of building permits. Project Applicant Prior to issuance of building permits City of Rancho Cucamonga Community Development Department, City of Rancho Cucamonga Building Department 5.7-5: A separate grading 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 plan shall be prepared, stamped, and signed by a California registered Civil Engineer. Qualified Engineer Prior to construction activities City of Rancho Cucamonga Community Development Department 5.7-6: A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work. Qualified Engineer Prior to construction activities City of Rancho Cucamonga Community Development Department Page 388 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 42 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) 5.7-7: If any paleontological resource (i.e. plant or animal fossils) are encountered before or during grading, the developer shall retain a qualified paleontologist to monitor construction activities, and take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures:  Assign a paleontological monitor, trained, and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities.  Should fossils be found within an area being cleared or graded, divert earth- disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find.  Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum).  Submit summary report to City of Rancho Cucamonga. Transfer collected specimens with a copy to the report to San Bernardino County Museum. Qualified Paleontologist Before or during grading City of Rancho Cucamonga Community Development Department Applicable General Plan Policies SE-2.1: Fault Setbacks. Require minimum setbacks for structures proposed for human occupancy within State and City Special Study Zones. Setbacks will be based on minimum standards established under State law and recommendations of a Certified Engineering Geologist and/ or Geotechnical Engineer. SE-2.2: Building Functionality. Require enhanced siting, design, and construction standards that focus on building functionality for new critical public Page 389 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 43 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) facilities and key essential (private) facilities after a seismic event. SE-2.3: Seismically Vulnerable Buildings. Prioritize the retrofit of seismically vulnerable buildings (unreinforced masonry, soft-story construction, non-ductile concrete, etc.) as better information and understanding becomes available. SE-2.4: Transfer of Development Rights. Promote and allow for the use of transfer of development rights in areas of significant seismic and geologic hazards. SE-2.5: Hillside Hazards. Prioritize regulations and strategies that reduce geologic hazard risk to properties and loss of life. SE-5.3: Soil Transport. Require properties with high wind-blown soil erosion potential (agricultural operations, construction sites, etc.) prevent soil transport and dust generation. Page 390 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 44 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) HAZARDS AND HAZARDOUS MATERIALS Page 391 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 45 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) Standard Conditions of Approval 5.9-1: Future development shall prepare a Fire Protection Plan that includes measures consistent with the unique problems resulting from the location, topography, geology, flammable vegetation, and climate of the proposed development site. The Plan must also address water supply, access, building ignition fire resistance, fire protection systems and equipment, defensible space, and vegetation management. Maintenance requirements for incinerators, outdoor fireplaces, permanent barbeques and grills, and firebreak fuel modification areas are imposed on new developments. Project Applicant Prior to construction activities City of Rancho Cucamonga Community Development Department 5.9-2: With respect to all open space, recreational, or parkland uses, the City will ensure through project design features and conditions of approval that Southern California Edison (SCE) has 24/7 downline access by SCE facilities and operations. Project Applicant Prior to issuance of building permits City of Rancho Cucamonga Community Development Department 5.9-3: With respect to parkland proposed within utility corridors, anti-climbing sharks teeth style barriers, or their equivalent, shall be installed on all transmission towers. Anti-climbing devices shall conform to the California Public Utilities Commission guidance that is in effect at the time of parkland project implementation. The cost of anti-climbing guards and installation shall be borne by the project proponent. Project Applicant Prior to issuance of building permits City of Rancho Cucamonga Community Development Department 5.9-4: Any proposed trees within utility corridors should be maintained at a height not to exceed 15 feet. Project Applicant Ongoing City of Rancho Cucamonga Community Development Department 5.9-5: With the exception of utility infrastructure and other public improvements that do not interfere with such infrastructure, permanent structures are not allowed within utility corridors. Project Applicant During plan check City of Rancho Cucamonga Community Development Department 5.9-6: Southern California Edison (SCE) shall be notified in writing of any proposal to locate parkland or recreational uses within a utility corridor. If the use is located on SCE property or if otherwise required by law or the terms of a utility easement, SCE’s written approval of such uses shall be obtained prior to the issuance of any CEQA approval or permit or other ministerial or discretionary City approval. Project Applicant Prior to issuance of any CEQA approval or permit or other ministerial or discretionary City approval City of Rancho Cucamonga Community Development Department Page 392 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 46 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) Applicable General Plan Policies S-5.1: Future Conditions. Ensure future climatic conditions and public health emergencies are considered as part of community resilience and investment efforts. S-5.2: Urban Forestry Plan. Minimize damage associated with wind related hazards and address climate change and urban heat island effects through the development of an urban forestry plan and proper landscaping planting and management techniques. S-5.3: Soil Transport. Require that properties with high wind-blown soil erosion potential such as agricultural operations and construction sites prevent soil transport and dust generation wherever possible. S-5.4: Extreme Heat Vulnerabilities. Require that new developments, major remodels, and redevelopments address urban heat island issues and reduce urban heat island effects for the proposed project site and adjacent properties. S-5.5: Resilience Resources. Require new developments and redevelopments to incorporate resilience amenities such as, but not limited to community cooling centers, emergency supplies, and backup power that can be used by residents and businesses within a 1/4-mile radius of the location. S-5.6: Underground Utilities. Promote the undergrounding of utilities for new development, major remodels, and redevelopment. S-5.7: Future Adaptation. Future climate adaptation-oriented projects will incorporate natural infrastructure to the greatest extent practicable. S-5.8: Climate Resiliency. Address climate resiliency and inequities through the planning and development process. Page 393 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 47 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) S-5.9: Address High Winds. Require buildings and developments exposed to high wind conditions to incorporate design elements and features that minimize or reduce damage to people, structures, and the community. S-6.1: Planned Development. Promote development patterns that integrate Crime Prevention Through Environmental Design (CPTED) principles that reduce the potential for human-caused hazards. S-6.2: Neighboring Properties. Encourage properties that store, generate, or dispose of hazardous materials to locate such operations as far away as possible from areas of neighboring properties where people congregate. S-6.3: Site Remediation. Encourage and facilitate the adequate and timely cleanup of existing and future contaminated sites and the compatibility of future land uses. S-6.4: Airport Planning. Protect Rancho Cucamonga interests regarding land use and safety by participating in the airport land use planning process for Ontario International Airport. S-6.5: Height Restrictions. Require proposed developments within the Ontario Airport Influence Area meet the height requirements associated with FAR Part 77 standards. S-6.6: Development Near Airport. New development within the Ontario Airport Influence Area shall be consistent with the approved Airspace Protection Zones identified in the latest version of the Airport Land Use Compatibility Plan. S-6.7: Railroad Safety. Minimize potential safety issues and land use conflicts when considering development adjacent to the railroad right-of-way. Page 394 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 48 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) HYDROLOGY AND WATER QUALITY Standard Conditions of Approval 5.10-1: A final drainage study shall be submitted to and approved by the City Engineer prior to final map approval or the issuance of building permits, whichever occurs first. All drainage facilities shall be installed as required by the City Engineer. Qualified Hydrologist Prior to final map approval or issuance of building permits, whichever occurs first City of Rancho Cucamonga Community Development Department, City of Rancho Cucamonga Engineering Department 5.10-2: Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. Project Applicant Prior to construction activities City of Rancho Cucamonga Community Development Department, City of Rancho Cucamonga Engineering Department Applicable General Plan Policies OS-1.9: Joint Use. Pursue and expand joint use of public lands that are available and suitable for recreational purposes, including school district properties and flood control district, water district, and other utility properties. RC-2.1: Water Supplies. Protect lands critical to replenishment of groundwater supplies and local surface waters (Figure RC-3). RC-2.2: Groundwater Recharge. Preserve and enhance the existing system of stormwater capture for groundwater recharge. RC-2.3: Riparian Resources. Promote the retention and protection of natural stream courses from encroachment, erosion, and polluted urban runoff. RC-2.4: Waterways as Amenities. When considering new development applications and infrastructure improvements where waterways are onsite, adjacent, or nearby, incorporate the waterway into the design as a feature. Page 395 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 49 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) RC-2.5: Water Conservation. Require the use of cost-effective methods to conserve water in new developments and promote appropriate water conservation and efficiency measures for existing businesses and residences. RC-2.6: Irrigation. Encourage the conversion of water-intensive turf/landscape areas to landscaping that uses climate- and wildlife-appropriate native or non- invasive plants, efficient irrigation systems, greywater, and water efficient site maintenance. RC-2.7: Greywater. Allow and encourage the use of greywater to meet or offset onsite non-potable water demand. RC-6.12: Reduced Water Supplies. When reviewing development proposals, consider the possibility of constrained future water supplies and require enhanced water conservation measures. RC-6.14: Designing for Changing Precipitation Patterns. When reviewing development proposals, encourage applicants to consider stormwater control strategies and systems for sensitivity to changes in precipitation regimes and consider adjusting those strategies to accommodate future precipitation regimes. RC-6.18: Water Sources with Low GHG Emissions. Encourage local and regional water utilities to obtain water from sources with low or no GHG emissions. S-4.1: New Essential Facilities (Flood). Prohibit the siting and construction of new essential public facilities within flood hazard zones, when feasible. If an essential facility must be located within a flood hazard zone, incorporate flood mitigation to the greatest extent practicable. S-4.2: Flood Risk in New Development. Require all new development to minimize flood risk with siting and design measures, such as grading that prevents Page 396 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 50 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) adverse drainage impacts to adjacent properties, on-site retention of runoff, and minimization of structures located in floodplains. S-4.3: 500-Year Floodplain. Promote the compliance of 100-year floodplain requirements on properties located within the 500-year floodplain designation. S-4.4: Flood Infrastructure. Require new development to implement and enhance the Storm Drain Master Plan by constructing stormwater management infrastructure downstream of the proposed site. S-4.5: Property Enhancements. Require development within properties located adjacent, or near flood zones and areas of frequent flooding to reduce or minimize run-off and increase retention onsite. S-4.6: Regional Coordination. Promote regional flood management and mitigation projects with other agencies (San Bernardino County Flood Control, Army Corps of Engineers, and adjacent jurisdictions) to address flood hazards holistically. S-4.7: Dam Operators. Coordinate with agencies operating or managing dam facilities that can inundate the city, on operations, maintenance, and training activities and provide the latest Emergency Action Plans annually. NOISE Standard Conditions of Approval 5.13-1: For construction activities that do not involve pile driving occurring within 580 feet residential, schools, churches, or similar uses or within 330 feet of commercial/industrial uses or for construction activities involving pile driving occurring within 1,000 feet of residential, schools, churches, or similar uses, or within 330 feet of commercial/industrial uses, or nighttime construction activities, as defined in Development Code Section 17.66.050), the City shall require that Project Applicant, Construction Contractor Prior to project approval City of Rancho Cucamonga Community Development Department Page 397 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 51 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) project applicants prepare a site-specific construction noise analysis demonstrating compliance with the noise standards of Development Code Section 17.66.050, as determined by the City. The analysis shall be completed prior to project approval and can be completed as part of the environmental review process for projects subject to CEQA. Potential project-specific actions that can feasibly achieve compliance include, but are not limited to, restrictions on construction timing to avoid nighttime hours, restrictions on the location of equipment and vehicle use within the construction site, installing noise mufflers on construction equipment, use of electric-powered vehicles and equipment, use of sound blankets on construction equipment, and the use of temporary walls or noise barriers to block and deflect noise. 5.13-2: To avoid or substantially lessen exposure to substantial permanent increases in traffic noise, the City shall, at the time of development application submittal, require the preparation of a traffic noise study that includes (1) the evaluation of potential traffic noise impacts of new noise sources (e.g., project- generated traffic noise increases) on nearby existing noise sensitive receptors (such as residential neighborhoods) and (2) require noise reduction measures (e.g., sound walls, rubberized asphalt) to prevent exposure of noise sensitive receptors to substantial noise increases, consistent with Table N-1 and incremental increase standards of no greater than 3 dB where existing levels are below 65 dBA CNEL, 1 dB where existing levels are between 70 dBA CNEL and 75 dBA and any increase where existing levels are above 75 dBA CNEL, as determined by the City. Project Applicant, Traffic Engineer At the time of development application submittal City of Rancho Cucamonga Community Development Department 5.13-3: The City shall require that project applicants analyze and mitigate potential noise impacts from new stationary noise sources (e.g., loading docks at commercial and industrial uses, mechanical equipment associated with all building types), to, as determined by the City, comply with the City’s daytime (7:00 a.m. to 10:00 p.m.) standards of 65 dBA Leq/50 dBA Leq (exterior/interior) and nighttime (10:00 p.m.-7:00 a.m.) standards of 60 dBA Leq/45 dBA Leq (exterior/interior), described in Development Code Section 17.66.050(F). The analysis shall be Project Applicant, Qualified Acoustical Engineer Prior to project approval City of Rancho Cucamonga Community Development Department Page 398 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 52 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) prepared by a qualified acoustical engineer or noise specialist and completed prior to project approval and can be completed as part of the environmental review process for projects subject to CEQA. Potential project-specific actions that can feasibly achieve compliance include, but are not limited to, the use of enclosures or screening materials (e.g., landscape buffers, parapets, masonry walls) around stationary noise sources (e.g., heating, ventilation, and air conditioning systems, generators, heating boilers, loading docks) or of noise suppression devices (e.g., acoustic louvers, mufflers). 5.13-4a: The City shall, at the time of development project application submittal, evaluate the compatibility of proposed noise sensitive uses (e.g., residences, lodging, schools, parks) with the noise environment to ensure noise compatibility standards (Table N-1) are met. Project Applicant At the time of development project application City of Rancho Cucamonga Community Development Department 5.13-4b: Applicants for development projects shall, at the time of application submittal, evaluate noise impacts for compliance with noise compatibility standards (Table N-1), and when noise attenuation measures are required, prioritize site planning that reduces noise exposure over other attenuation measures, particularly the location of parking, ingress/egress/loading, and refuse collection areas relative to surrounding residential development and other noise- sensitive land uses. Project Applicant At the time of development project application City of Rancho Cucamonga Community Development Department 5.13-4c: Applicants for development projects shall, at the time of application submittal, evaluate noise impacts for compliance with noise compatibility standards (Table N-1), and when noise attenuation measures are required, incorporate building orientation, design, and interior layout into the project to achieve compatible noise levels. For example, noise insulation materials (e.g., double-glazed windows and well-sealed doors) substantially lessen interior noise levels. In addition, interior building layouts that place active rooms, such as kitchens, between noise-sensitive rooms, such as bedrooms, and exterior noise sources, such as roadways, substantially lessen interior noise levels within the noise-sensitive rooms. Project Applicant At the time of development project application City of Rancho Cucamonga Community Development Department Page 399 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 53 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) 5.13-4d: The City shall require that mixed-use development be designed to minimize exposure of noise-sensitive uses from adjacent noise sources and require full disclosure of the potential noise impacts of living in a mixed-use development by requiring residential disclosure notices within deeds and lease agreements as a condition of project approval. Project Applicant Prior to occupancy City of Rancho Cucamonga Community Development Department 5.13-4e: The City shall review and comment on transportation capital projects and operations sponsored by Caltrans and other agencies to minimize exposure of noise-sensitive uses within the city to adverse levels of transportation-related noise, including noise associated with freeways, major arterials, bus transit, and rail lines. City of Rancho Cucamonga Prior to construction activities City of Rancho Cucamonga Community Development Department 5.13-5a: For development involving construction activities within 500 feet of existing sensitive land uses (places where people sleep or buildings containing vibration-sensitive uses), the City shall require applicants, at the time of application submittal, to prepare a project-specific vibration analysis that identifies vibration- reducing measures to ensure the project construction does not exceed applicable vibration criteria (e.g., FTA, Caltrans) for the purpose of preventing disturbance to sensitive land uses and structural damage. The analysis shall include, but is not limited to, the following requirements:  Ground vibration-producing activities, such as pile driving, shall be limited to the daytime hours between 7:00 a.m. to 8:00 p.m. on weekdays and prohibited on Sundays and holidays.  If pile driving is used, pile holes shall be predrilled to the maximum feasible depth to reduce the number of blows required to seat a pile.  Maximize the distance between construction equipment and vibration- sensitive land uses.  Earthmoving, blasting and ground-impacting activities shall be prohibited from occurring at the same time if simultaneous activity would result in exceedance of vibration criteria.  Where pile driving is proposed, alternatives to traditional pile driving (e.g., Project Applicant At the time of development project application City of Rancho Cucamonga Community Development Department Page 400 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 54 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) sonic pile driving, jetting, cast-in-place or auger cast piles, nondisplacement piles, pile cushioning, torque or hydraulic piles) shall be implemented when the project cannot otherwise demonstrate vibration levels in compliance with the structural damage threshold.  Minimum setback requirements for different types of ground vibration- producing activities (e.g., pile driving) for the purpose of preventing damage to nearby structures shall be established. Factors to be considered include the specific nature of the vibration producing activity (e.g., type and duration of pile driving), soil conditions, and the fragility/resiliency of the nearby structures. Established setback requirements (100 feet for pile driving, 25 feet for other construction activity) can be revised only if a project-specific analysis is conducted by a qualified geotechnical engineer or ground vibration specialist that demonstrates, as determined by the City, that the structural damage vibration threshold would not be exceeded.  Minimum setback requirements for different types of ground vibration producing activities (e.g., pile driving) for the purpose of preventing negative human response shall be established based on the specific nature of the vibration producing activity (e.g., type and duration of pile driving), soil conditions, and the type of sensitive receptor. Established setback requirements (500 for pile driving, 80 for other construction) can be revised only if a project-specific ground vibration study demonstrates, as determined by the City, that receptors would not be exposed to ground vibration levels in excess of negative human response vibration threshold levels, depending on the frequency of the event and receiver type.  All vibration-inducing activity within the established setback distances for preventing structural damage and negative human response shall be monitored and documented to compare recorded ground vibration noise and vibration noise levels at affected sensitive land uses to the applicable vibration threshold values. The results included recorded vibration data shall be Page 401 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 55 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) submitted to the City. 5.13-5b: For projects proposed within 600 feet of commuter rail/high-speed rail/freight rail, or rail with combined services, the City shall require applicants, at the time of application submittal, to prepare a project-specific vibration analyses to evaluate vibration exposure from nearby transit sources. The vibration assessment shall be prepared by a qualified acoustical engineer or noise specialist in accordance with Federal Transit Administration (FTA) vibration impact criteria, or other applicable City policy in place at the time of project application submittal. The assessment shall determine vibration levels at specific building locations and identify structural mitigation measures (e.g., isolation strip foundations, insulated windows and walls, sound walls or barriers, distance setbacks, or other construction or design measures) that would reduce vibration to acceptable levels for the receptor and source type. Project Applicant, Qualified Acoustical Engineer At the time of development project application City of Rancho Cucamonga Community Development Department 5.13-5c: The City shall evaluate new transportation capital projects and operations sponsored by other agencies for structural vibration impacts and vibration annoyance impacts, consistent with City-approved methodologies (e.g., Caltrans, FTA guidance). City of Rancho Cucamonga Prior to construction activities City of Rancho Cucamonga Community Development Department Applicable General Plan Policies N-1.1: Noise Levels. Require new development to meet the noise compatibility standards identified in Table N-1. N-1.2: Noise Barriers, Buffers and Sound Walls. Require the use of integrated design-related noise reduction measures for both interior and exterior areas prior to the use of noise barriers, buffers, or walls to reduce noise levels generated by or affected by new development. N-1.3: Non-Architectural Noise Attenuation. Non-architectural noise attenuation measures such as sound walls, setbacks, barriers, and berms shall be discouraged in pedestrian priority areas (or other urban areas or areas where Page 402 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 56 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) pedestrian access is important). N-1.4: New Development Near Major Noise Sources. Require development proposing to add people in areas where they may be exposed to major noise sources (e.g., roadways, rail lines, aircraft, industrial or other non-transportation noise sources) to conduct a project level noise analysis and implement recommended noise reduction measures. N-1.5: Urban and Suburban Development Near Transit. Allow development located in infill areas, near transit hubs, or along major roadways an exemption from exterior noise standards for secondary open space areas (such as front yards, parking lots, stoops, porches, or balconies), if noise standards can be met for primary open space. N-1.6: Rail Crossing Quiet Zones. Allow the establishment of a full or partial at- grade rail crossing or quiet zone near transit hubs or residential development. N-1.7: Entertainment. Establish different standards for exterior noise consistent with the place type. N-1.8: Vibration Impact Assessment. Require new development to reduce vibration to 85 VdB or below within 200 feet of an existing structure. Page 403 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 57 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) TRANSPORTATION Page 404 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 58 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) Standard Conditions of Approval 5.17-1: Future development applications in the City shall be required to provide traffic impact analyses for review and approval by the City during the permit process to identify the traffic impacts of the project and the needed roadway and intersection improvements. Any identified on-site improvements and improvements to abutting roadways would need to be made part of the development. Coupled with the payment of DIF for the improvement of off-site roadways and intersections, traffic impacts would be mitigated on a project-by- project basis. Project Applicant, Traffic Engineer During permit process City of Rancho Cucamonga Community Development Department 5.17-2: Future developments with 250 employees or more shall comply with the South Coast Air Quality Management District’s (SCAQMD’s) Rule 2202, which requires the implementation of trip reduction measures as a means of reducing pollutant emission in the air basin. An employer subject to this Rule shall annually register with the SCAQMD to implement an emission reduction program, in accordance with this Rule. Project Applicant Prior to construction activities City of Rancho Cucamonga Community Development Department 5.17-3: Individual projects shall provide the following, as determined applicable by City staff:  Provide car-sharing, bike sharing, and ride-sharing programs;  Improve or increase access to transit;  Incorporate neighborhood electric vehicle networks into the project;  Include project measures to reduce transportation requirements such as work from home and flexible work schedules;  Link to existing pedestrian or bicycle networks, or transit service; and/or  Provide traffic calming. Project Applicant Prior to construction activities City of Rancho Cucamonga Community Development Department Applicable General Plan Policies OS-1.1: Equitable Access to Parks. Strive to ensure that at least one park or other public open space is within 1/2 mile or a 10-minute walk from homes and Page 405 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 59 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) jobs, without crossing major streets except at signalized crossings. OS-1.2: Underserved Communities. Prioritize the provision of new trails, parks, plazas, and other open space types in areas of the City that are underserved by parks, services, and amenities. OS-2.1: Trail Corridors. Extend, improve and complete the multi-purpose trail network, wherever possible, by utilizing existing flood control channel and utility corridor rights-of-way as public trail corridors. OS-2.2: Connectivity. Connect trails in Rancho Cucamonga to trails in the San Bernardino National Forest and other hillside open space areas. OS-2.3: Trailheads. Provide trailhead amenities such as parking, restrooms, information boards, and maps. OS-2.4: Equestrian Trails. Continue to maintain and pursue the development of planned trails and facilities for equestrian use. OS-2.5: Utility Corridors. Preserve the primary function of utility corridors while providing every reasonable opportunity for shared public use for active mobility and recreational purposes. OS-2.6: Design for Heat. Consider extreme heat in the design of streets, parks, trails, and playgrounds to support activity throughout the year and in all weather conditions by including shade trees, shade structures, water fountains, splash pads, lighting for night play in most spaces. OS-2.7: Access. Require new development to provide access to existing or future trails and provide appropriate trail amenities (e.g., benches, drinking fountains, hitching posts, bike stands, and other amenities). Page 406 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 60 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) OS-2.9: Trail and Park Sponsorship. Support the creation of partnerships with organizations to sponsor and maintain green spaces, parks, trails, and community gardens. MA-1.1: Transportation Leadership. Take a leadership role in local and regional transportation related planning and decision making. MA-1.2: Rancho Cucamonga Station Redevelopment. Support redevelopment in and around the Rancho Cucamonga Station to support transit-oriented development. MA-1.3: Funding. Support federal, statewide, and regional infrastructure funding for transit and transportation. MA-1.4: Local Mobility Hub. Require new development at mobility hubs and key stops along the future bus rapid transit and future transit circulator system to facilitate first mile/last mile connectivity to neighborhoods. MA-1.5: Provide Mobility Options. Provide roadway connections and local mobility hubs designed to capture 80% of the population and employment south of Base Line Road. MA-1.6: Boulevard Implementation. Require boulevards with high-quality transit to not only account for how transit service is impacted by the geometry of the corridor, but also by signal timing, signal phasing, turns, and other operations that may jeopardize the quality of service. MA-2.1: Complete Streets. Require that new roadways include provisions for complete streets, balancing the needs of all users of all ages and capabilities. MA-2.2: Street Design. Implement innovative street and intersection designs to Page 407 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 61 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) maximize efficiency and safety in the city. MA-2.3: Street Connectivity. Require connectivity and accessibility to a mix of land uses that meets residents’ daily needs within walking distance. MA-2.4: Street Vacations. Prioritize pedestrian and utility connectivity over street vacations. MA-2.5: Context. Ensure that complete streets applications integrate the neighborhood and community identity into the street design. This can include special provisions for pedestrians and bicycles. MA-2-6: Roadway Scale. Balance roadway size and design configuration to ensure that vehicular speeds, volumes and turning movements do not compromise the safety and comfort of pedestrians and bicyclists. MA-2.7: Facility Service Levels. Maintain level of service (LOS) D for priority modes on each street; LOS E or F may be acceptable at intersections or segments for modes that are not prioritized. The City will develop a list of intersections and roadways that are protected from this level of service policy. MA-2.8: New Streets. Require new roadway connections to improve emergency accessibility and roadway connectivity north of State Route 210 and within the Southeast Area. MA-2.9: Block Pattern. Require development projects to arrange streets in an interconnected block pattern, so that pedestrians, bicyclists, and drivers are not forced onto arterial streets for inter- or intra- neighborhood travel. MA-2.10: Master Planning. Master plan sites so as to ensure a well-structured network and block pattern with sufficient access and connectivity. Page 408 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 62 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) MA-2.11: Transportation Demand Management. Require new projects to implement Transportation Demand Management strategies, such as employer provided transit pass/parking credit, low-speed communications infrastructure for telecommuting, carpooling incentive, etc. MA-3.1: Pedestrian and Bicycle Networks. Maintain the Active Transportation Plan supporting safe routes to school, and a convenient network of identified pedestrian and bicycle routes with access to major employment centers, shopping districts, regional transit centers, and residential neighborhoods. MA-3.2: Traffic Safety. Prioritize transportation system improvements that help eliminate traffic-related fatalities and severe injury collisions. MA-3.3: Vulnerable User Safety. Prioritize pedestrian improvements in the Pedestrian Priority Area shown on Figure 8 to promote safety in the southwest area of the City. MA-3.4: Emergency Access. Prioritize development and infrastructure investments that work to implement, maintain, and enhance emergency access throughout the community. MA-4.1: Truck Network. Avoid designating truck routes that use collector or local streets that primarily serve residential uses and other sensitive receptors. MA-4.2: Southeast Area Connectivity. Require new development in the Southeast Area to provide the necessary infrastructure to maintain access and public safety as shown on Figure M-8. MA-4.3: Future Logistics Technology. Support and plan for electrification and autonomy of the truck fleet. MA-4.4: Rail Access. Avoid abandonment of rail access to industrial parcels or Page 409 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 63 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) utilize such right of way to balance and enhance other connectivity goals within the City (such as pedestrian/bicycle trails). MA-4.5: Grade Separation. Support the construction of grade separations of roadways and trails from rail lines. MA-5.1: Land Use Supporting Reduced VMT. Work to reduce VMT through land use planning, enhanced transit access, localized attractions, and access to non- automotive modes. MA-5.17: Emerging Technologies. Prioritize investments in critical infrastructure and pilot programs to leverage proven new transportation technology. MA-5.3: Funding. Remain flexible in the pursuit and adoption of transportation funding mechanisms that fund innovative transportation solutions. MA-5.4: Intelligent Systems Preparation. Upgrade the City’s ATMS and communications systems to ensure that the City meets the intelligent transportation system demands of today while planning for future demands associated with AVs and CVs. TRIBAL CULTURAL RESOURCES Standard Conditions of Approval 5.18-1: Inadvertent Archeological Find. If during ground disturbance activities, cultural resources are discovered that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed. Cultural resources are defined as being multiple artifacts in close association with each other, but also include fewer artifacts if the area of the find is determined to be of significance due to its sacred or cultural importance as determined in consultation with the Native American Tribe(s). Project Applicant, Registered Professional Archaeologist, Tribal Representative(s) During Ground Disturbing Activities City of Rancho Cucamonga Community Development Department Page 410 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 64 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) a. All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the tribal representative(s) and the Planning Director to discuss the significance of the find. b. At the meeting, the significance of the discoveries shall be discussed and after consultation with the tribal representative(s) and the archaeologist, a decision shall be made, with the concurrence of the Planning Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources. c. Grading or further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation. Work shall be allowed to continue outside of the buffer area and will be monitored by additional Tribal monitors if needed. d. Treatment and avoidance of the newly discovered resources shall be consistent with the Cultural Resources Management Plan and Monitoring Agreements entered into with the appropriate tribes. This may include avoidance of the cultural resources through project design, in-place preservation of cultural resources located in native soils and/or re-burial on the Project property so they are not subject to further disturbance in perpetuity as identified in Non-Disclosure of Reburial Locations Condition. e. If the find is determined to be significant and avoidance of the site has not been achieved, a Phase III data recovery plan shall be prepared by the project archaeologist, in consultation with the Tribe, and shall be submitted to the City for their review and approval prior to implementation of the said plan. f. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred method of preservation for archaeological resources and tribal cultural Page 411 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 65 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) resources. If the landowner and the Tribe(s) cannot agree on the significance or the mitigation for the archaeological or tribal cultural resources, these issues will be presented to the Planning Director for decision. The City’s Planning Director shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological and tribal cultural resources, recommendations of the project archaeologist, and shall take into account the cultural and religious principles and practices of the Tribe. Notwithstanding any other rights available under the law, the decision of the City Planning Director shall be appealable to the City Planning Commission and/or City Council. 5.18-2: Cultural Resources Disposition. In the event that Native American cultural resources are discovered during the course of grading (inadvertent discoveries), the following procedures shall be carried out for final disposition of the discoveries: g. One or more of the following treatments, in order of preference, shall be employed with the tribes. Evidence of such shall be provided to the City of Rancho Cucamonga Planning Department: i. Preservation-In-Place of the cultural resources, if feasible. Preservation in place means avoiding the resources, leaving them in the place where they were found with no development affecting the integrity of the resources. ii. Reburial of the resources on the Project property. The measures for reburial shall include, at least, the following: Measures and provisions to protect the future reburial area from any future impacts in perpetuity. Reburial shall not occur until all legally required cataloging and basic recording has been completed, with an exception that sacred items, burial goods, and Native American human remains are excluded. Any reburial process shall be culturally appropriate. Listing of contents and location of the reburial shall be included in the confidential Phase IV Project Applicant, Registered Professional Archaeologist, Tribal Representative(s) During Grading Activities City of Rancho Cucamonga Community Development Department Page 412 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 66 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) report. The Phase IV Report shall be filed with the City under a confidential cover and not subject to Public Records Request. iii. If preservation in place or reburial is not feasible then the resources shall be curated in a culturally appropriate manner at a San Bernardino County curation facility that meets State Resources Department Office of Historic Preservation Guidelines for the Curation of Archaeological Resources ensuring access and use pursuant to the Guidelines. The collection and associated records shall be transferred, including title, and are to be accompanied by payment of the fees by the Applicant necessary for permanent curation. Evidence of curation in the form of a letter from the curation facility stating that subject archaeological materials have been received and that all fees have been paid, shall be provided by the landowner to the City. There shall be no destructive or invasive testing on sacred items, burial goods, and Native American human remains, as defined by the cultural and religious practices of the Most Likely Descendant. Results concerning finds of any inadvertent discoveries shall be included in the Phase IV monitoring report. 5.18-3: Archaeologist Retained. Prior to issuance of a grading permit the project applicant shall retain a qualified Registered Professional Archaeologist (RPA), to monitor all ground disturbing activities in an effort to identify any unknown archaeological resources. The Registered Professional Archaeologist and the Tribal monitor(s) shall manage and oversee monitoring for all initial ground disturbing activities and excavation of each portion of the project site including clearing, grubbing, tree removals, mass or rough grading, trenching, stockpiling of materials, rock crushing, structure demolition and etc. The Registered Professional Archaeologist and the Tribal monitor(s), shall independently have the authority to temporarily divert, redirect, or halt the ground disturbance activities to allow identification, evaluation, and potential recovery of cultural resources in coordination with any required special interest or tribal monitors. The developer/permit holder shall submit a fully executed copy of the Project Applicant, Registered Professional Archaeologist, Tribal Representative(s) Prior to Issuance of Grading Permit City of Rancho Cucamonga Community Development Department Page 413 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 67 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) contract to the Planning Department to ensure compliance with this condition of approval. Upon verification, the Planning Department shall clear this condition. In addition, the Registered Professional Archaeologist, in consultation with the Consulting Tribe(s), the contractor, and the City, shall develop a Cultural Resources Management Plan (CRMP) in consultation pursuant to the definition in AB 52 to address the details, timing, and responsibility of all archaeological and cultural activities that will occur on the project site. A consulting tribe is defined as a tribe that initiated the AB 52 tribal consultation process for the Project, has not opted out of the AB 52 consultation process, and has completed AB 52 consultation with the City as provided for in Cal Pub Res Code Section 21080.3.2(b)(1) of AB52. Details in the Plan shall include: a. Project grading and development scheduling; b. The Project archaeologist and the Consulting Tribes(s) shall attend the pre- grading meeting with the City, the construction manager and any contractors, and will conduct a mandatory Cultural Resources Worker Sensitivity Training to those in attendance. The Training will include a brief review of the cultural sensitivity of the Project and the surrounding area; what resources could potentially be identified during earthmoving activities; the requirements of the monitoring program; the protocols that apply in the event inadvertent discoveries of cultural resources are identified, including who to contact and appropriate avoidance measures until the find(s) can be properly evaluated; and any other appropriate protocols. All new construction personnel that will conduct earthwork or grading activities that begin work on the Project following the initial Training must take the Cultural Sensitivity Training prior to beginning work and the Project archaeologist and Consulting Tribe(s) shall make themselves available to provide the training on an as-needed basis; c. The protocols and stipulations that the contractor, City, Consulting Tribe(s) and Project archaeologist will follow in the event of inadvertent cultural Page 414 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 68 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) resources discoveries, including any newly discovered cultural resource deposits that shall be subject to a cultural resources evaluation. 5.18-4: Native American Monitoring. Tribal monitor(s) shall be required on-site during all ground-disturbing activities, including grading, stockpiling of materials, engineered fill, rock crushing, etc. The land divider/permit holder shall retain a qualified tribal monitor(s) from the requesting Tribe. Prior to issuance of a grading permit, the developer shall submit a copy of a signed contract between the Tribe and the land divider/permit holder for the monitoring of the project to the Planning Department and to the Engineering Department. The Tribal Monitor(s) shall have the authority to temporarily divert, redirect or halt the ground-disturbance activities to allow recovery of cultural resources, in coordination with the Project Archaeologist. Project Applicant, Registered Professional Archaeologist, Tribal Representative(s) During Ground Disturbing Activities City of Rancho Cucamonga Community Development Department 5.18-5: Archeology Report - Phase III and IV. Prior to final inspection, the developer/permit holder shall prompt the Project Archeologist to submit two (2) copies of the Phase III Data Recovery report (if required for the Project) and the Phase IV Cultural Resources Monitoring Report that complies with the Community Development Department's requirements for such reports. The Phase IV report shall include evidence of the required cultural/historical sensitivity training for the construction staff held during the pre-grade meeting. The Planning Department shall review the reports to determine adequate mitigation compliance. Provided the reports are adequate, the Community Development Department shall clear this condition. Once the report(s) are determined to be adequate, two (2) copies shall be submitted to the South Central Coastal Information Center (SCCIC) at California State University, Fullerton and one (1) copy shall be submitted to the Consulting Tribe(s) Cultural Resources Department(s). Project Applicant, Registered Professional Archaeologist Prior to Final Inspection City of Rancho Cucamonga Community Development Department 5.18-6: Human Remains. If human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the San Bernardino County Coroner has made the necessary findings as to origin. Further, pursuant to Public Resource Code Section 5097.98(b) remains Project Applicant, County Coroner If Human Remains are Encountered City of Rancho Cucamonga Community Development Department Page 415 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 69 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the San Bernardino County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within the period specified by law (24 hours). Subsequently, the Native American Heritage Commission shall identify the "most likely descendant." The most likely descendant shall then make recommendations and engage in consultation concerning the treatment of the remains as provided in Public Resources Code Section 5097.98. 5.18-7: Non-Disclosure of Reburial Locations. It is understood by all parties that unless otherwise required by law, the site of any reburial of Native American human remains or associated grave goods shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act. The Coroner, pursuant to the specific exemption set forth in California Government Code 6254 (r)., parties, and Lead Agencies, will be asked to withhold public disclosure information related to such reburial, pursuant to the specific exemption set forth in California Government Code 6254 (r). Project Applicant, County Coroner If Human Remains are Encountered City of Rancho Cucamonga Community Development Department Applicable General Plan Policies RC-4.1: Disturbance of Human Remains. In areas where there is a high chance that human remains may be present, the City will require proposed projects to conduct a survey to establish occurrence of human remains, and measures to prevent impacts to human remains if found. RC-4.2: Discovery of Human Remains. Require that any human remains discovered during implementation of public and private projects within the city be treated with respect and dignity and fully comply with the California Native American Graves Protection and Repatriation Act and other appropriate laws. WILDFIRE Standard Conditions of Approval Page 416 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 70 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) 5.9-1: Future development shall prepare a Fire Protection Plan that includes measures consistent with the unique problems resulting from the location, topography, geology, flammable vegetation, and climate of the proposed development site. The Plan must also address water supply, access, building ignition fire resistance, fire protection systems and equipment, defensible space, and vegetation management. Maintenance requirements for incinerators, outdoor fireplaces, permanent barbeques and grills, and firebreak fuel modification areas are imposed on new developments. Project Applicant Prior to issuance of building permit City of Rancho Cucamonga Community Development Department Applicable General Plan Policies LC-2.9: Buffer Zones. Require development projects to incorporate buffer zones when determined to be necessary or desirable to serve as managed open space for wildfire safety and vegetation fuel modification. OS-1.10: Buffer Zones. Provide buffer zones, as appropriate and necessary, to serve as managed open space for wildfire safety and vegetation fuel modification. Buffer zones may include trails, small recreational amenities, information kiosks and signage, and even staging points for fire vehicles. MA-2.8: New Streets. Require new roadway connections to improve emergency accessibility and roadway connectivity north of State Route 210 and within the Southeast Area. MA-3.4: Emergency Access. Prioritize development and infrastructure investments that work to implement, maintain, and enhance emergency access throughout the community. H-3.1: Homeless Services. Provide assistance as it becomes available towards efforts of local organizations and community groups to provide emergency shelters, transitional housing opportunities, and services to the city’s homeless Page 417 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 71 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) population and those at-risk of homelessness. H-5.3: Development Review Process. Facilitate the development review process for new housing through multiple techniques, including staff assistance, public information, articles in the City’s newsletter, informal meetings with applicants, and Preliminary Review applications to address technical issues and facilitate the production of quality housing. RC-3.7: Urban Forestry Plan. Minimize damage associated with wind-and fire- related hazards and risks and address climate change and urban heat island effects through the development of an urban forestry plan that addresses and proper and appropriate landscaping, plant and tree selection and replacement, planting and vegetation management techniques. S-1.1: City Staff Readiness. Ensure City staff and departments demonstrate a readiness to respond to emergency incidents and events. S-1.2: Culture of Preparedness. Promote a culture of preparedness for businesses and residents that empowers them to increase their resilience to hazard related events and a changing climate. S-1.3: Evacuation Capacity. Require new developments, redevelopments, and major remodels to enhance the city’s evacuation network and facilities and comply with the City’s Evacuation Assessment. S-1.4: WUIFA Access Points. Require all new developments and redevelopments within the WUIFA to provide a minimum of two points of access by means of public roads that can be used for emergency vehicle response and evacuation purposes. S-1.5: Enhanced Circulation. In areas of the city with limited access routes and Page 418 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements Page 72 PlaceWorks Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) circulation challenges, require additional roads and improvements to ensure adequate emergency vehicle response and evacuation. S-1.6: Evacuation Road Widths. Require any roads used for evacuation purposes to provide at least 26 feet of unobstructed pavement width. S-1.7: Maintenance of Plans. Maintain and regularly update the City’s Local Hazard Mitigation Plan (LHMP) as an integrated component of the General Plan, in coordination with the Community Wildfire Protection Plan (CWPP), the Emergency Operations Plan (EOP), the Evacuation Plan, and Standardized Emergency Management System (SEMS) compliant disaster plans to maintain eligibility for grant funding. S-1.8: Regional Coordination. Ensure regional coordination continues with neighboring jurisdictions, County, State, and Federal agencies on emergency management and risk reduction planning and activities. S-1.9: Mutual Aid. Ensure mutual aid agreements with Federal, State, local agencies, and the private sector establish responsibility boundaries, joint response services, and multi-alarm and station coverage capabilities. S-3.1: Fire Risk Reduction. Apply all state and local codes and regulations (fire safe design, adherence to Standard 49-1) to new development, redevelopment, major, and existing non-conforming uses remodels in the WUIFA. S-3.2: Fire Protection Plans. All new development, redevelopment, and major remodels in the WUIFA will require the preparation of Fire Protection Plans (FPPs) to reduce fire threat, in accordance with Fire District policies and procedures. S-3.3: Vegetation Management. Owners of properties and public/ private roads within and adjacent to the WUIFA are required to conduct brush clearance and Page 419 CITY OF RANCHO CUCAMONGA GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF RANCHO CUCAMONGA 2. Mitigation Monitoring Requirements December 2021 Page 73 Table 1 Mitigation Monitoring Requirements Standard Conditions of Approval/General Plan Policies Responsibility for Implementation Timing Responsibility for Monitoring Monitor (Signature Required) (Date of Compliance) fuel modification to reduce fire ignition potential and spread. S-3.4: Buffer Zones. Require development projects to incorporate buffer zones as deemed necessary by the City’s Fire Marshal for fire safety and fuel modification. S-3.5: Water Supply. All developments will meet fire flow requirements identified in the Fire Code. S-3.6: Coordination with Agencies. Coordinate with State, regional, and local agencies and service providers on fire risk reduction planning and activities. S-3.7: Wildfire Awareness. Assist residents and property owners with being better informed on fire hazards and risk reduction activities in the WUIFA. S-3.8: New Essential Facilities (WUIFA). Prohibit the siting of new essential public facilities (including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities) within the WUIFA, unless appropriate construction methods or strategies are incorporated to minimize impacts. Page 420 December 2021 Page 74 Page 421 RESOLUTION NO. 2021-133 A RESOLUTION OF THE RANCHO CUCAMONGA CITY COUNCIL ADOPTING THE 2020 PLANRC GENERAL PLAN UPDATE, 2021-2029 HOUSING ELEMENT, AND CLIMATE ACTION PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. WHEREAS, the PlanRC General Plan Update is a comprehensive update to the City of Rancho Cucamonga (the “City”) General Plan which serves 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; and WHEREAS, The PlanRC General Plan Update would improve the City’s economic base by creating opportunities for development and redevelopment in a well-planned community; and WHEREAS, the General Plan applies to lands within City limits and also certain lands outside the City limits within the Sphere of Influence, which collectively comprise the City’s Planning Area, covering a total of 31,627 gross acres (46.5 square miles); and WHEREAS, although in person engagement was limited due to COVID-19, the City engaged the community regarding the PlanRC General Plan Update through a variety of digital platforms including 72 virtual workshops, meetings, webinars and pop-ups and 17 online surveys netting input from over 2,300 community members and over 1 million digital impressions through various social media platforms; and WHEREAS, in conformance with Government Code sections 65351 through 65352.5, the City has provided opportunities for public input and involvement in the PlanRC General Plan Update and provided opportunities for consultation to affected public agencies and California Native American Tribes; and WHEREAS, the 2021-2029 Housing Element represents the City of Rancho Cucamonga’s satisfaction of the requirements under state housing element law to meet the mandate that all cities and counties prepare a Housing Element as part of a comprehensive General Plan to meet the plan for new housing growth mandated through the Regional Housing Needs Assessment, of which Rancho Cucamonga is allocated 10,525 units; and WHEREAS, the City submitted the Housing Element to the California Department of Housing and Community Development (“HCD”) on June 3, 2021 and revised version on September 2, 2021. The City received its second review letter on November 2, 2021. Revisions requested by HCD have been incorporated into the final document; and WHEREAS, the City has prepared a Climate Action Plan (“CAP”) as a companion to the General Plan to reduce the community’s contributions to climate change grounded it the General Plan’s core community values of Health, Equity and Stewardship and to build on the broad climate change policies set forth in the General Plan; and WHEREAS, on November 10, 2021, the Planning Commission conducted a duly noticed public hearing and considered the PlanRC General Plan Update, 2021-2029 Housing Element, and Climate Action Plan and related Program Environmental Impact Report prepared pursuant to the California Environmental Quality Act (“CEQA”). The Planning Commission concluded the hearing Page 422 Resolution No. 2021-133 – Page 2 of 4 on the same date and thereafter adopted Resolution No. 21-71, recommending that the City Council certify the Environmental Impact Report, make findings pursuant to the California Environmental Quality Act, adopt a statement of overriding considerations, and recommending that the City Council adopt the PlanRC General Plan Update, 2021-2029 Housing Element and Climate Action Plan. WHEREAS on December 15, 2021 the City Council conducted a duly noticed public hearing on the PlanRC General Plan Update, 2021-2029 Housing Element, and Climate Action Plan, and concluded said hearing on that date. At the conclusion of this hearing, the City Council certified the Final Program Environmental Impact Report, and adopted the findings, statement of overriding considerations, and mitigation monitoring and reporting program for the PlanRC General Plan Update, 2021-2029 Housing Element, and Climate Action Plan. 8. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. Recitals. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. CEQA. The PlanRC General Plan Update, 2021-2029 Housing Element, and Climate Action Plan (collectively, the “Project”) have been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the City’s Local CEQA Guidelines. The City prepared an Program EIR for the Project in order to analyze the Project’s potential impacts on the environment. A Draft Program EIR was prepared and circulated for public review and comment, and a Final FEIR was reviewed by the City Council. By separate Resolution No. 2021-132, the City Council has: (i) made the required CEQA findings and determinations, (ii) certified the Final Program EIR; (iii) adopted a Statement of Overriding Considerations and (d) adopted a Mitigation Monitoring and Reporting Program for the Project. Resolution No. 2021-132 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 and related standard conditions of approval set forth therein are made applicable to the Project and will be incorporated into future development as appropriate. 3. Findings. Based upon all available evidence presented to the City Council during the above-referenced public hearing on December 15, 2021, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: A. General Plan. As a comprehensive update to the City’s General Plan, the PlanRC General Plan Update has been written a unified document to ensure that the General Plan as amended will remain internally consistent. Adoption of the PlanRC General Plan Update is in the public interest because it provides goals and policies that would facilitate the following: 1. Human-scaled design, with buildings and outdoor spaces oriented towards people connected by safe and comfortable streets, pathways, and trails that provide equitable access for all; 2. Focus transformative growth along major corridors and allow incremental change in neighborhoods; Page 423 Resolution No. 2021-133 – Page 3 of 4 3. Increase jobs in the City to encourage more residents to work locally and reduce commuting out of the City to work; 4. Maintain and enhance conservation areas; and 5. Create vibrant activity nodes and a “real downtown” with one or several major activity centers with varied cultural opportunities and public art providing areas for social, civic, and commercial activity. B. Housing Element. The 2021-2029 Housing Element has been written in conjunction with the PlanRC General Plan Update to ensure that it remains internally consistent with the General Plan, as amended. The 2021-2029 Housing Element works is a comprehensive housing element that meets the requirements of state law and, together with the PlanRC General Plan Update, demonstrates that the City has planned for the required number of housing units at all income levels to meet the City’s RHNA obligations. It will therefore help alleviate the state and regional housing crisis. For that reason, adoption of the 2021-2029 Housing Element is in the public interest. C. Climate Action Plan. The Climate Action Plan will help ensure that future development within the City does not unduly contribute to greenhouse gas emissions and is needed to help facilitate the policies and standard conditions of approval outlined in the PlanRC General Plan Update and Program EIR. 4. Adoption. Based upon the substantial evidence presented to the City Council during the above-referenced public hearing on December 15, 2021, including written and oral staff reports, together with public testimony, and the recommendation from the Planning Commission, the City Council hereby adopts the PlanRC General Plan Update as a comprehensive update to the City of Rancho Cucamonga’s General Plan, 2021-2029 Housing Element, and Climate Action Plan, as attached to the staff report accompanying this Resolution and incorporated herein by this reference. 5. HCD Submittal Authorization. The City Council authorizes the City Manager, or the City Manager’s designee, to submit the 2021-2029 Housing Element to HCD for final approval and make revisions or additions to the adopted Housing Element to facilitate final certification of the Housing Element by HCD. 6. Location of Records. The PlanRC General Plan, 2021-2029 Housing Element and Climate Action Plan shall be available for public inspection at the Rancho Cucamonga City Hall, at the Planning Department, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. 7. Certification. The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 15TH DAY OF DECEMBER 2021. CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA BY: L. Dennis Michael, Mayor I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of Page 424 Resolution No. 2021-133 – Page 4 of 4 the City of Rancho Cucamonga, at a regular meeting of the City Council held on the 15th day of December 2021, by the following vote-to-wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ATTEST: City Clerk of the City of Rancho Cucamonga Page 425 2021-12-15 - REGULAR CITY COUNCIL MEETING - ITEM G1 - ADDITIONAL MATERIAL Rancho Cucamonga General Plan Update Rancho Cucamonga General Plan Update City Council Hearing December 15, 2021 Rancho Cucamonga General Plan Update What is a General Plan? •State-required “constitution” of the City •Establishes the City’s vision and priorities for the next 10-20 years •Guides future actions (policy choices + development applications) •Preserves and enhances community strengths •Addresses several topics of concern •Enables the community to come together to develop a shared vision for the future •8 required Elements or Topics: 5. Conservation 6. Safety 7. Open Space 8. Environmental Justice 1. Land Use 2. Circulation 3. Housing 4. Noise Rancho Cucamonga General Plan Update Why Update the General Plan? •Update existing General Plan o Apply what learnings from the past o Address emerging trends & ideas •Hold a “community conversation” about the future •Address new State requirements •Integrate the General Plan with other documents and processes •Focus on implementation and clear decision- making •Address critical topics affecting Rancho o Economic development o Housing o Wildfire risk o Mobility o Health and equity o Community character and sense of place o Resilience from the Covid-19 Pandemic Rancho Cucamonga General Plan Update Process and Engagement Rancho Cucamonga General Plan Update Rancho Cucamonga General Plan Update Throughout the process, the community has been invited to engage via robust online surveys, virtual workshops, zoom meetings, pop-ups, social media, videos & more Rancho Cucamonga General Plan Update The General Plan expresses views and values from the Rancho Cucamonga community! Rancho Cucamonga General Plan Update Guiding Community Themes HOUSING NEIGHBORHOOD AMENITIES QUALITY OF LIFE ACTIVITY CENTERS COMMUNITY & CULTURE MOBILITY HEALTH EQUITY JOBS RESILIENCE & SUSTAINABILITY Rancho Cucamonga General Plan Update General Plan Organization Rancho Cucamonga General Plan Update Volume 1: Vision Rancho Cucamonga General Plan Update Vision and Community Values Build on our success as a world class community to create an equitable, sustainable and vibrant city, rich in opportunity for all to thrive. Volume 1: Vision Rancho Cucamonga General Plan Update DESIGN FOR PEOPLE FIRST Big Ideas PROVIDE CONNECTIVITY AND ACCESSIBILITYCREATE DESTINATIONS ESTABLISH RC AS THE CULTURAL AND ECONOMIC HUB OF THE INLAND EMPIRE ADDRESS ENVIRONMENTAL JUSTICE Volume 1: Vision Rancho Cucamonga General Plan Update Big Ideas DESIGN FOR PEOPLE FIRST Volume 1: Vision Rancho Cucamonga General Plan Update Big Ideas PROVIDE CONNECTIVITY AND ACCESSIBILITY Volume 1: Vision Rancho Cucamonga General Plan Update Big Ideas CREATE DESTINATIONS Volume 1: Vision Rancho Cucamonga General Plan Update Big Ideas ESTABLISH RC AS THE CULTURAL AND ECONOMIC HUB OF THE INLAND EMPIRE Volume 1: Vision Rancho Cucamonga General Plan Update Big Ideas ADDRESS ENVIRONMENTAL JUSTICE Volume 1: Vision Rancho Cucamonga General Plan Update Putting the Plan Into Action Volume 1: Vision Limited Change Significant Change Moderate Change Rancho Cucamonga General Plan Update Putting the Plan Into Action Volume 1: Vision Rancho Cucamonga General Plan Update Volume 2: Built Environment Rancho Cucamonga General Plan Update Land Use & Community Character Volume 2: Built Environment •Describes and defines the distinct types of places (“place types”) the City aims to create to achieve the community’s vision •Unifies land use, community character and design into a single chapter to ensure uses, experiences, and activities maintain desired look, feel, character, and ambiance •Preserves the character and strengths of each neighborhood and recommends appropriate change—small in some cases, larger in others Place type designations go beyond conventional land use designations to better define the existing and intended character, form, and function of each part of the city. Rancho Cucamonga General Plan Update General Plan Designations Volume 2: Built Environment *Open Space Designations in separate Open Space Chapter Rancho Cucamonga General Plan Update Land Plan Volume 2: Built Environment Also available online at the City’s GIS Open Portal: https://bit.ly/gplandplan Rancho Cucamonga General Plan Update Focus Areas Volume 2: Built Environment •Specific parts of the city where the vision indicates focused change •Near-term improvement is supported by a broad cross section of the community •Higher level of detail and strategic recommendations to prioritize these areas to help “jump-start” implementation This General Plan recognizes that the value of coordinated private and public investment is especially high in focused areas of the city Rancho Cucamonga General Plan Update Focus Area 1: Downtown Rancho Cucamonga Volume 2: Built Environment Rancho Cucamonga General Plan Update Focus Area 2: Civic Center Volume 2: Built Environment Rancho Cucamonga General Plan Update Focus Area 3: HART District (Cucamonga Station Area) Volume 2: Built Environment Rancho Cucamonga General Plan Update Focus Area 4: Red Hill Gateway Volume 2: Built Environment Rancho Cucamonga General Plan Update Focus Area 5: Cucamonga Town Center Volume 2: Built Environment Rancho Cucamonga General Plan Update Focus Area 6: Alta Loma Town Center Volume 2: Built Environment Rancho Cucamonga General Plan Update Focus Area 7: Etiwanda Heights Town Center Volume 2: Built Environment Rancho Cucamonga General Plan Update Focus Area 8: Southeast Industrial Area Volume 2: Built Environment Rancho Cucamonga General Plan Update Open Space Volume 2: Built Environment •Intent is to preserve the natural environment, water courses, and rural areas of the city, as well as preserve and enhance park space for recreation •Plan makes use of large and small areas giving people the ability to enjoy the beauty of the city and foster healthy living •Emphasis on connectivity to provide a variety of trails and paths connecting open space with existing and new neighborhoods The General Plan is intentional in weaving open space into every land use designation and Focus Area, connecting people to the outside Rancho Cucamonga General Plan Update Mobility and Access Volume 2: Built Environment •Intend to provide for a safe, enjoyable, and balanced multimodal transportation network •Focus on repurposing or reconfiguring roadways to provide additional bicycle, pedestrian, and transit facilities •Goal to make Rancho Cucamonga the mobility center of Inland Empire: Brightline high speed rail connection Boring Company’s tunnel to airport Regional north/south transit connection from the Cucamonga Station to Riverside County paralleling the I-15 corridor Mobility needs to connect people to places. This includes connecting residents to their employers, connecting residents to destinations within the city, and connecting the rest of the Inland Empire to Rancho Cucamonga Rancho Cucamonga General Plan Update Housing Volume 2: Built Environment •Housing chapter of General Plan provides overview, goals and policies. •State mandated analysis (Appendix to General Plan) provides an assessment of City’s housing needs and how best to accommodate the housing needs of existing and future residents Local governments must adopt plans that provide opportunities for housing development. A key component of housing planning for Rancho Cucamonga is identifying the amount and location of new housing in the community. Rancho Cucamonga General Plan Update Housing -Meeting the RHNA Extremely Low/ Very Low (Below 50% AMI) Low (51-80% AMI) Moderate (81-120% AMI) Above Moderate (Over 120% AMI) Total RHNA 3,245 1,920 2,038 3,322 10,525 Potential ADUs 36 56 56 12 160 Entitlements 0 0 2,000 3,085 5,085 The Resort 0 0 2,000 0 2,000 Victoria Gardens 0 0 0 385 385 Etiwanda Heights 0 0 0 2,700 2,700 Remaining Need 3,209 1,864 0 225 5,280 Rancho Cucamonga General Plan Update Public Facilities Volume 2: Built Environment •Public facilities include the Civic Center, community sports complexes, family resource center, cultural and senior centers,fire stations, public works facilities,and libraries •Efficient and reliable system of public facilities and infrastructure is essential as the city grows •Policies in this chapter ensure that future growth does not negatively affect the facilities or reduce services Goal is to continue to be a city where residents enjoy state- of-the-art facilities that support existing programs, accommodate future needs, and are accessible to all members of the community Rancho Cucamonga General Plan Update Volume 3: Environmental Performance Rancho Cucamonga General Plan Update Resource Conservation Volume 3: Environmental Performance •Addresses the use and stewardship of natural resources: Water Forests Soils Rivers and other waters Wildlife Minerals •Identifies water courses, flood corridors, riparian habitats, and land that may accommodate floodwater for purposes of groundwater recharge and stormwater management •Also addresses historic,cultural, and tribal resources “I would like Rancho [Cucamonga] to be known for having the ideal balance between nature and infrastructure.” -Community Member Rancho Cucamonga General Plan Update Safety Volume 3: Environmental Performance •Identifies relevant issues and hazards: Seismic and geologic hazards Flooding Wildland and urban fires Evacuation routes Climate adaptation Human-caused hazards •Includes policies intended to reduce injury to people and damage to the city •To implement policies, also developed and adopted: Local Hazard Mitigation Plan (LHMP) Emergency Operations Plan (EOP) Community Wildfire Protection Plan (CWPP) Evacuation Assessment “Public safety needs to keep up with population growth; people want to move to a safe community.” –Community Member Rancho Cucamonga General Plan Update Noise Volume 3: Environmental Performance •Identifies noise from variety of sources •Supports a pattern of land uses designed to minimize exposure of residents to excessive noise. •Includes policies to address existing and foreseeable noise problems •Establishes areas where more noise may be acceptable The approach is to differentiate between good noise and bothersome noise and to develop a city with appropriate noise and vibration levels that support a range of places from quiet neighborhoods to active, exciting districts Rancho Cucamonga General Plan Update Volume 4: Implementation Rancho Cucamonga General Plan Update General Plan Work Plan •Guide that lays out specific actions and steps required to achieve the goals set forth in the General Plan. •Organized into the follow topics: Funding Improvements Process & Information Rules & Coordination Focus Area Implementation Standard Conditions of Approval Volume 4: Implementation Rancho Cucamonga General Plan Update Placemaking Toolkit Volume 4: Implementation •Illustrates the types of development patterns, forms and strategies that will result in human- scale, pedestrian-oriented places •Focuses on three high-priority topics: 1)Activating the public realm 2)Rebalancing streets and public spaces 3)Completing the community fabric The Placemaking Toolkit is set of implementation tools to help ensure the making of great places of strong and enduring value Rancho Cucamonga General Plan Update Activating the Public Realm Volume 4: Implementation Rancho Cucamonga General Plan Update Rebalancing Streets and Public Spaces Volume 4: Implementation Rancho Cucamonga General Plan Update Completing the Community Fabric Volume 4: Implementation Rancho Cucamonga General Plan Update Environmental Justice Strategy Volume 4: Implementation •By law, the General Plan must address the following five health and environmental justice outcomes: 1)Reduction of pollution exposure 2)Improvement of public facilities 3)Promotion of food access 4)Promotion of safe and sanitary homes 5)Promotion of physical activity •Environmental justice goals and policies within each chapter of the General Plan, and organized in one location in Volume 4. With this General Plan, the City is striving to reduce and eliminate disproportionate burdens to living, participating and thriving in this city. Rancho Cucamonga General Plan Update Fiscal Performance Rancho Cucamonga General Plan Update Fiscal Impact Analysis •Analysis confirmed that the General Plan buildout program will result in a significantly positive net fiscal impact •Expected to generate about $25.2 million net annual revenue at full build-out •Cost of providing services for new growth in the buildout program will be significantly lower than the additional revenue generated by growth Revenue or Expense Item General Fund Fire Protection District Total Revenue Property Tax $4,989,000 $18,872,000 $23,861,000 Property Transfer Tax $691,000 --$691,000 Sales Tax (including Prop 172 1/2 cent sales tax)$6,689,000 --$6,689,000 Property Tax In Lieu of VLF $13,471,000 --$13,471,000 Transient Occupancy Tax $4,422,000 --$4,422,000 Other Recurring Revenues $5,220,000 $119,000 $5,338,000 CFD 85-1 --$2,201,000 $2,201,000 CFD 88-1 --$477,000 $477,000 Total Revenues $35,482,000 $21,669,000 $57,150,000 Expenditures Sheriff's Department $13,499,000 --$13,499,000 Fire Department --$10,373,000 $10,373,000 Public Works $3,670,000 --$3,670,000 Other Recurring Expenditures $4,384,000 --$4,384,000 Total Expenditures $21,554,000 $10,373,000 $31,927,000 Net Revenue $13,928,000 $11,296,000 $25,223,000 Net Revenue as % of Total Revenue 39%52%44% Rancho Cucamonga General Plan Update General Plan Buildout Total Value: $32.4 billion Avg. Value/Acre: $10.7 million Peak Value/Acre: $58.4 million New Value Created: $4.7 billion Rancho Cucamonga Current Total Value: $27.7 billion Avg. Value/Acre: $1.3 million Peak Value/Acre: $13.9 million Rancho Cucamonga General Plan Update Riverside County (inland empire portion) 1.5 million San Bernardino County (inland empire portion) 1.5 million Rancho Cucamonga Redlands Riverside Temecula Corona Rancho Cucamonga General Plan Update Related and Implementing Plans Rancho Cucamonga General Plan Update Implementing Plans Rancho Cucamonga General Plan Update Climate Action Plan •CAP’s measures to reduce community’s contributions to climate change are grounded in the General Plan’s core community values of Health, Equity, and Stewardship. •CAP builds on the broad climate change policies set forth in the General Plan. •Also implements the General Plan by including the elements of a “qualified” plan under State regulations •Unlocks project-level environmental review streamlining benefits for development consistent with General Plan. General Plan envisions a world-class community, in part, as one that reduces its contributions to a changing climate Rancho Cucamonga General Plan Update Development Code Update •Create consistency with new General Plan •Incorporate form-based zoning elements for mixed-use urban corridors •Improve administration and permit procedures to increase certainty in development review process for projects consistent with the General Plan •Ensure compliance with new State laws Rancho Cucamonga General Plan Update Environmental Impact Report Rancho Cucamonga General Plan Update Environmental Impact Report (EIR) Primary purpose of an EIR is to identify potential significant environmental effects of the General Plan and identify possible ways to reduce or avoid them. Prepare General Plan (GP) & Tools Environmental Analysis of GP & Tools (EIR) Revisions to EIR & GP & Tools Consider, discuss, and address possible environmental impacts along the way Analyze policies and programs to ensure GP effectively deals with environmental implications Revise GP and EIR (and other tools) to ensure mitigation can be achieved Rancho Cucamonga General Plan Update Topics Covered in the EIR •Aesthetics (Visual) •Agricultural & Forestry Resources •Air Quality •Biological Resources •Cultural Resources •Energy •Geology & Soils •Greenhouse Gas Emissions •Hazards & Hazardous Materials •Hydrology & Water Quality •Land Use & Planning •Mineral Resources •Noise •Population & Housing •Public Services •Recreation •Transportation •Utilities & Service Systems •Tribal Cultural Resources •Wildfire Underline Significant in Current and This General Plan EIRNewly Significant in this EIR Rancho Cucamonga General Plan Update EIR Public Review Period •EIR Public Review Period was September 10 - October 25, 2021 •6 comment letters received and 2 comments through EIR comment portal •All comments on the EIR logged and responses included in the Final EIR document Rancho Cucamonga General Plan Update Revisions Made After Planning Commission Hearing Volume Chapter Page Revision 1 Acknowledgements v Correct misspelling of two names 1 2 36 Central North Planning Area –Correct name of “Victoria Gardens Community Center” to “Victoria Gardens Cultural Center” 1 2 37 Central South Planning Area –Correct name of “Rancho Cucamonga Station” to “Cucamonga Station” 2 1 60 Change Land Plan Designation for APN: 0201-102-89 (9885 Vía Esperanza) from General Open Space and Facilities to Suburban Neighborhood -Very Low (change also applied to Figures LC-1, FA -1, OS-2, and V-2) 2 1 62 Clarify language in the Use-Mix Ratio section to provide a clear statement about the primary purpose of establishing overall use mix targets to maintain citywide fiscal sustainability, per Land Use Policy LU- 3.5. 2 1 82 Correct District designations to reflect target use mix ratio of 0/100 (res/non-res) 2 1 88 Rephrase discussion for Industrial Employment District regarding types of uses intended 2 1 90 Policy LC-2.5, “transition gradually to a complement the adjacent residential uses” 3 1 213 Add language describing the tribal resources of the area as explained in the EIR Rancho Cucamonga General Plan Update Next Steps •Continue to work on the Development Code Update, a key implementing tool of the updated General Plan Public review draft Development Code Winter 2022 Public hearings on Development Code Spring-Summer 2022 •Implement the Vision and Goals of the General Plan Rancho Cucamonga General Plan Update Recommendations •Planning Commission and Staff recommend that the City Council adopt resolutions to: Certify the Environmental Impact Report for the General Plan Update and Climate Action Plan Adopt the General Plan Update, 2021-2029 Housing Element and Climate Action Plan DATE:December 15, 2021 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Lori Sassoon, Deputy City Manager, Administrative Services Matthew R. Burris, Deputy City Manager, Economic and Community Development Jennifer Nakamura, Management Analyst II SUBJECT:Continued Public Hearing to Consider First Reading of Ordinance 991, to be Read by Title Only and Waive Further Reading, Adding Chapter 3.76 to the Rancho Cucamonga Municipal Code to Establish a Non-Residential Affordable Housing Development Impact Fee, and Resolution 2021-131, Establishing Non-Residential Affordable Housing Development Impact Fees. (ORDINANCE NO. 991) (RESOLUTION NO. 2021-131) (Continued Public Hearing from December 1, 2021 City Council Meeting) (CITY) RECOMMENDATION: Staff recommends that the City Council do the following: 1. Conduct first reading of Ordinance No. 991, to be read by title only, to establish a non- residential affordable housing development impact fee. 2. Adopt Resolution No. 2021-131 to set the non-residential affordable housing development impact fee rates. 3. Direct staff to research residential inclusionary housing ordinances that include an in-lieu fee option, determine fee viability and present findings and recommendations to City Council before September 2022. BACKGROUND: Development Impact Fees are one-time fees paid by new development to fund the cost of providing services to serve that development. This authorization exists through the enactment of the California Government Code sections 66001 through 66025, also known as the Mitigation Fee Act. The Mitigation Fee Act is based on the concept that new development has to mitigate its own impacts to the system. Rancho Cucamonga has been facing an escalating shortage of affordable housing with increasing demand to meet the lower income socioeconomic segments of the community. Housing is generally considered affordable if a household spends no more than 30% of its gross household income on housing costs (rent or mortgage, utilities, taxes, and insurance). Housing costs in the City have accelerated rapidly in recent years, much like the rest of California. Between 2019 and 2020, the median home price in Rancho Cucamonga increased by 15% from $500,000 to Page 426 Page 2 1 0 5 1 $575,000. In 2021 home costs have escalated as much or more. According to our draft 6th cycle Housing Element, 38% of all households in the city are expending more than 30% of their gross income on housing and 17% are spending more than 50% of their gross income to pay for housing. The need for more affordable housing has been growing in Rancho Cucamonga, but funding remains challenging as land values and construction costs have risen. With the loss of redevelopment in 2012, the City has been unable to meet the growing demands for affordable housing in the city. In the last housing cycle, less than 40% of the very- low, low and moderate units designated under the Regional Housing Needs Assessment (RHNA) were permitted for construction. 5th Cycle (2013-2021) RHNA for Below Market Rate Housing Income Level Units Allocated Units Permitted % of RHNA Very Low 209 18 9% Low 141 11 8% Moderate 158 171 108% Total 508 200 39% The state declared a housing crisis in 2017 and as a result, RHNA allocations for the 6th housing cycle beginning in October 2021 have drastically increased from the previous period as shown below. 6th Cycle (2021-2029) RHNA Allocations Income Group Total Housing Units Allocated Percentage of Units Extremely/Very Low 3,245 31% Low 1,920 18% Moderate 2,038 19% Above Moderate 3,322 32% Total 10,525 100% To help illustrate the magnitude of concern, the following table shows the calculated cost of meeting affordability gaps at each level, multiplied against the total number of RHNA units to show the total public subsidy necessary to meet the City’s RHNA obligation. Public Subsidy Estimated to Meet RHNA Housing Allocations Income Group Total Housing Units Allocated Affordability Gap Total Public Subsidy Extremely Low1 1623 $272,700 $442,592,100 Very Low1 1622 $219,300 $355,704,600 Low 1,920 $192,600 $369,792,000 Moderate 2,038 $205,600 $419,012,800 Total 7,203 $1,587,101,500 1The RHNA allocation combines these two categories for a total of 3,245 units. State law defines the units to be split with 50% allocated to Extremely Low incomes. Page 427 Page 3 1 0 5 1 The 5th cycle Housing Element included a program (HE-11) to establish a committee to evaluate the adoption of an Inclusionary Ordinance as a means to create opportunities for the development of affordable housing units. An inclusionary housing policy ad hoc committee was convened in 2020 and included residential developers, industrial developers and affordable housing advocates. Over a series of meetings, the committee reviewed inclusionary housing ordinances, debated the pros and cons of inclusionary housing and explored other options the city could pursue to increase the development of affordable housing. The development of an inclusionary housing ordinance to require some units of future housing projects to be set aside for affordable housing, such as Attachment 1, was considered. One pressing concern identified by the committee was how an inclusionary housing requirement might increase the cost of housing and further depress the production of housing. In response, the committee recommended that the City explore a non-residential affordable housing linkage fee as a means to support affordable housing development. A program was added to the 6th cycle housing element to initiate a linkage fee study for non-residential development. The inclusionary housing program that was in the 5th cycle Housing Element was carried over to the 6th cycle housing element to reconvene the inclusionary housing policy ad hoc committee as needed to continue to explore additional avenues to increase the development of affordable housing. This public hearing was originally opened on December 1, 2021. At the request of staff, the hearing was continued until December 15, 2021, to allow additional time for discussions with various stakeholders in the industrial development sector. ANALYSIS: Non-Residential Affordable Housing fees are a type of development impact fee assessed on new construction of commercial and residential buildings to mitigate the impact of the additional demand for affordable housing caused by such activity. New non-residential construction creates new jobs in the city, some of which will have wage levels that qualify households as low or moderate incomes. As a result, the demand for affordable housing in the city increases. Due to the gap between housing development costs and affordability levels,, new affordable housing must otherwise be subsidized by public funding. Through the development of the nexus study that examines the relationship between affordable housing and new non-residential development, a fee is established that requires developers of new non-residential buildings to contribute to a dedicated fund to offset a portion of the needed housing. To assist in the development of the draft ordinance, the City contracted with Keyser Marston to prepare a Non-Residential Affordable Housing Fee Nexus Study. The purpose of the nexus analysis is to quantify and document the linkages among the construction of new non-residential projects, the employees that work in them and the increased demand for affordable housing. The analysis evaluates a cross section of the various non-residential development types that have occurred in Rancho Cucamonga in recent years or are expected to be built in the near term, including: retail/commercial, office, industrial, warehouse, and research and development. The study identifies the maximum legally supportable non-residential linkage fee amounts and are shown in the table below. Page 428 Page 4 1 0 5 1 Maximum Non-Residential Affordable Housing Fee Amounts Development Type Maximum Fee per Sq. Ft. Retail/Commercial $157 Office $162 Industrial $127 Warehouse $37 Research and Development $33 Job creation within the city has been focused on wholesale trade, logistics, dining, accommodations and retail. Over 60% of all jobs in Rancho Cucamonga are within these categories. The City has encouraged development patterns to diversify employment opportunities across professional sectors. Haven Avenue (south of Foothill Boulevard) is currently designated to be a high-quality office corridor to attract white collar jobs providers, however, the Great Recession significantly slowed office development and now COVID-19 has injected additional uncertainty into the office market, further dragging down short, and possibly long term office development. COVID-19 has also slowed growth in the dining, accommodations and retail industries. However, industrial development has continued to grow due to the shift in online retail as well as the city’s proximity to major ports and transportation routes. In addition to the nexus study, Keyser Marston conducted analysis to determine the impact of a linkage fee on the financial feasibility of non-residential development types. The addition of a linkage fee would further inhibit development of those uses, which are already below the line of viability in the current market. The impact, however, of a modest fee would be nominal and instead would further equity goals among the sectors. In contrast, industrial, warehouse and research and development prototypes would continue to have strong feasibility with the implementation of a linkage fee. Staff has reviewed the nexus study and evaluated employment and development trends and recommends initial linkage fees to be set at the following levels for the following uses: Proposed Non-Residential Affordable Housing Fee Amounts Development Type Proposed Fee per Sq. Ft. Retail/Commercial $1.00 Office $1.00 Industrial $6.00 Warehouse $6.00 Research and Development $6.00 In discussions with non-residential development stakeholders, a consistent sentiment shared is that given the great need for affordable housing in the community, all developers – including residential developers – should be participating in the solutions. To that end, it is recommended that the Council direct staff to study the option of an inclusionary housing ordinance that would Page 429 Page 5 1 0 5 1 include the ability to pay a fee in lieu of providing affordable units pursuant to the ordinance. A fee study will need to be prepared before this matter can be brought back to the City Council. Pursuant to Government Code Section 65090, this public hearing was advertised twice in the Inland Valley Daily Bulletin newspaper. In addition, staff contacted both NAIOP and BIA on or about November 12, 2021, to provide those stakeholders an opportunity for discussion with staff. On November 18, 2021 the nexus study was provided to the public on the city’s website and placed on file with the City Clerk. FISCAL IMPACT: The new Affordable Housing Impact Fee revenues will vary with the level of non-residential construction activity from year to year. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: Establishing an affordable housing fund and implementing a non-residential linkage fee creates an opportunity for the City to move the needle on the development of affordable housing within the City, supporting the council’s core value of equitable prosperity for all. ATTACHMENTS: Attachment 1 – Nexus Study Attachment 2 – Feasibility Analysis Attachment 3 – Survey of Affordable Housing Impact Fees Attachment 4 – Ordinance No. 991 Attachment 5 – Resolution No. 2021-131 Page 430 NON-RESIDENTIAL LINKAGE FEE NEXUS STUDY Prepared for: City of Rancho Cucamonga Prepared by: Keyser Marston Associates, Inc. October 5, 2021 Page 431 TABLE OF CONTENTS I. EXECUTIVE SUMMARY ................................................................................................................1 A. Non-Residential Nexus Study ............................................................................................... 1 B. Building Types and Affordability Levels ............................................................................... 1 C. Maximum Nexus Costs ......................................................................................................... 2 D. Financially Feasible Non-Residential Linkage Fees .............................................................. 2 E. Recommended Non-Residential Linkage Fees..................................................................... 4 II. INTRODUCTION AND OVERVIEW .................................................................................................5 A. Benefits of Affordable Housing to Non-Residential Development ...................................... 5 B. Analysis Organization ........................................................................................................... 6 C. Data Sources and Qualifications .......................................................................................... 6 III. THE NON-RESIDENTIAL NEXUS STUDY .........................................................................................7 A. The Nexus Concept .............................................................................................................. 7 B. Non-Residential Nexus Analysis ......................................................................................... 12 C. Maximum Nexus Costs ....................................................................................................... 27 IV. RECOMMENDED NON-RESIDENTIAL LINKAGE FEE LEVELS .......................................................... 29 A. Fee-Setting Context ........................................................................................................... 29 B. Financial Feasibility Analysis .............................................................................................. 30 C. Fees in Other Jurisdictions ................................................................................................. 32 D. Recommended Fee Levels ................................................................................................. 34 E. Potential Indices for Annual Updates to Non-Residential Linkage Fees ........................... 34 V. ADDENDUM: FACTORS RELATING TO THE NEXUS CONCEPT ....................................................... 36 VI. MITIGATION FEE ACT FINDINGS ................................................................................................ 40 Page 432 APPENDICES Appendix A: Non-Residential Nexus Study Tables Appendix B: Retail/Commercial Land Use Tables Appendix C: Office Land Use Tables Appendix D: Industrial Land Use Tables Appendix E: Warehouse Land Use Tables Appendix F: Research and Development Land Use Tables Appendix G: Worker Household Distribution Appendix H: Affordability Gap Analysis Page 433 Keyser Marston Associates, Inc. Page 1 2108002v2.TRB October 5, 2021 I. EXECUTIVE SUMMARY The following report summarizes an analysis of the linkages between non-residential development in Rancho Cucamonga and the demand for additional affordable housing. The analysis, which demonstrates support for a “Non-Residential Linkage Fee,” has been prepared by Keyser Marston Associates, Inc. (KMA) for the City of Rancho Cucamonga (City) in accordance with a contractual agreement. A. Non-Residential Nexus Study The purpose of a nexus analysis is to quantify and document the linkages among the construction of new non-residential projects (e.g. retail/commercial, office, industrial, warehouse, and research and development), the employees that work in them, and the increased demand for affordable housing. Since the jobs in these types of projects cover a range in compensation levels, and the households of the workers range in size, housing needs are generated at all affordability levels. This analysis quantifies the need for affordable housing created by each type of workplace building. This analysis is conducted to meet the requirements imposed by several United States Supreme Court decisions, and by California Government Code Section 66000 et seq., which is sometimes referred to as “the Mitigation Fee Act.” These analyses are commonly referred to as linkage or nexus analyses. B. Building Types and Affordability Levels This analysis evaluates a cross section of non-residential development types that have occurred in Rancho Cucamonga in recent years, and/or that are expected to be built in the near-term future. For the purposes of the analysis, the following building types were identified: • Retail/Commercial • Office • Industrial • Warehouse • Research and Development (R&D) Page 434 Keyser Marston Associates, Inc. Page 2 2108002v2.TRB October 5, 2021 The household income categories addressed in the analysis include: Extremely Low Income, Very Low Income, Low Income, and Moderate Income. C. Maximum Nexus Costs The following table identifies the maximum legally supportable nexus costs derived from the Non-Residential Nexus Study. These nexus costs represent the maximum legally supportable Non-Residential Linkage Fee amounts: Table 1: Maximum Legally Supportable Non-Residential Linkage Fees Per Square Foot 1 Retail/Commercial $157 Office $162 Industrial $127 Warehouse $37 Research and Development $53 D. Financially Feasible Non-Residential Linkage Fees As indicated in the previous section, the nexus analysis establishes the maximum legally supportable Non-Residential Linkage Fee levels. These amounts reflect the full cost associated with fulfilling the need for affordable housing created by the new non-residential development. However, this does not take into account the impact the Non-Residential Linkage Fee will have on the financial feasibility of new development. It is important to establish a balance between the public policy objectives and the economic impact that will be experienced by property owners and developers. To that end, KMA prepared a financial feasibility analysis (See “Financial Feasibility Analysis of Non-Residential Linkage Fees”) to assess the impact of proposed Non-Residential Linkage Fee amounts on each non-residential land use. The most common approach to establishing fee levels is based on comparing the Non- Residential Linkage Fee against the development costs associated with each land use. This 1 Fee amounts are rounded down to whole numbers. Page 435 Keyser Marston Associates, Inc. Page 3 2108002v2.TRB October 5, 2021 approach facilitates an evaluation of whether the amount is likely to affect development decisions. As such, KMA first prepared a base pro forma analysis of each land use prototype that does not include a Non-Residential Linkage Fee. Next, KMA estimated a range of potential Non- Residential Linkage Fees based on a percentage of total development costs ranging from 0.5% to 3% of total development costs. Table 2: Non-Residential Linkage Fee Per SF as a Percentage of Development Costs (Base Scenario) % Of Development Costs Retail / Commercial Prototype Office Prototype Industrial Prototype Warehouse Prototype Research and Development Prototype 0.5% of Development Costs $2.21 $1.98 $0.70 $0.66 $0.69 1.0% of Development Costs $4.41 $3.96 $1.39 $1.33 $1.38 1.5% of Development Costs $6.62 $5.95 $2.09 $1.99 $2.07 2.0% of Development Costs $8.82 $7.93 $2.78 $2.66 $2.76 2.5% of Development Costs $11.03 $9.91 $3.48 $3.32 $3.45 3.0% of Development Costs $13.23 $11.89 $4.17 $3.99 $4.14 Based on these estimates and discussions with City staff, KMA analyzed the impact on each development prototype’s financial feasibility for the following Non-Residential Linkage Fee amounts: $1 per square foot, $2 per square foot, and $3 per square foot. For reference, to evaluate the financial feasibility of each fee amount, KMA set the threshold return requirements for each development prototype as follows: Table 3: Threshold Return Requirements Retail / Commercial Prototype Office Prototype Industrial Prototype Warehouse Prototype Research and Development Prototype Feasible Range (Green) ≥ 8.00% ≥ 9.00% ≥ 6.50% ≥ 6.50% ≥ 6.50% Marginally Feasible Range (Yellow) 7.00% - 7.99% 8.00% - 8.99% 6.00% - 6.49% 6.00% - 6.49% 6.00% - 6.49% Infeasible Range (Red) ≤ 6.99% ≤ 7.99% ≤ 5.99% ≤ 5.99% ≤ 5.99% Page 436 Keyser Marston Associates, Inc. Page 4 2108002v2.TRB October 5, 2021 The following table summarizes the results of the financial feasibility analysis: Table 4: Estimated Returns on Investment By Non-Residential Linkage Fee Amount Retail / Commercial Prototype Office Prototype Industrial Prototype Warehouse Prototype Research and Development Prototype Base: No Linkage Fee 5.67% 3.40% 7.28% 8.16% 6.81% Linkage Fee @ $1/SF 5.65% 3.39% 7.22% 8.10% 6.76% Linkage Fee @ $2/SF 5.64% 3.38% 7.17% 8.03% 6.71% Linkage Fee @ $3/SF 5.63% 3.37% 7.11% 7.97% 6.65% E. Recommended Non-Residential Linkage Fees In summary, the following factors were considered in establishing recommended Non- Residential Linkage Fee amounts: 1. The strength of the local real estate market for the building types that will pay the fee2; and 2. The local policy objectives Based on the preceding factors, KMA recommends that the City set the Non-Residential Linkage Fee amounts as follows: Table 5: Recommended Non-Residential Linkage Fees Per Square Foot Retail/Commercial No Fee Office No Fee Industrial $1 - $3 Warehouse $1 - $3 Research and Development $1 - $3 2 See Financial Feasibility Analysis of Non-Residential Linkage Fees . Page 437 Keyser Marston Associates, Inc. Page 5 2108002v2.TRB October 5, 2021 It is important to note that this recommendation does not take into account any other public fees that may be under review by the City. Any changes in other fee levels may impact this recommendation. II. INTRODUCTION AND OVERVIEW As the region recovers from the global coronavirus pandemic, it is expected that non-residential development will continue to escalate. This non-residential development supports additional jobs within Rancho Cucamonga, which generates a need for additional housing accessible to all income levels. Similarly, the recovery from the pandemic will likely result in a rapid escalation of residential rents and sales prices in Rancho Cucamonga. However, as rents and sales prices increase, it becomes exponentially more difficult to achieve the Regional Housing Needs Assessment (RHNA) goals for extremely low, very low, low and moderate income units. Typically, outside affordable housing resources are utilized to assist in the development of affordable units. Recently, the State of California (State) and the Federal government have increased the amount of financial resources available for affordable housing. However, the need for affordable housing continues to outpace the outside financial resources available to the City. As such, the City has begun exploring the options for generating additional revenue to be utilized for the creation of additional affordable housing. The purpose of this Non-Residential Nexus Study is to provide the City with a legal basis to levy Non-Residential Linkage Fees on non-residential development. It is assumed that a non- residential linkage fee program will be one piece of the City’s comprehensive affordable housing program. A. Benefits of Affordable Housing to Non-Residential Development The primary objective for implementing a Non-Residential Linkage Fee on non-residential development is to increase the amount of affordable housing within Rancho Cucamonga. This increase in affordable housing benefits non-residential development by strengthening the local jobs-housing balance, which benefits both employers and workers. With a larger and more diverse pool of Rancho Cucamonga residents to draw upon, employers will have increased ability to fill job openings. Page 438 Keyser Marston Associates, Inc. Page 6 2108002v2.TRB October 5, 2021 A lack of local affordable housing can result in overcrowded living conditions, or workers that must endure long commutes. Both of these conditions affect a worker’s quality of life, which may ultimately force a worker to quit their job. Giving workers access to affordable housing opportunities close to their place of employment can result in greater workplace stability, and less worker turnover for the employer. It has been estimated that it can cost between 15% and 30% of a worker’s annual salary to replace that worker. As such, limiting worker turnover with the development of affordable housing can produce meaningful cost savings for employers. B. Analysis Organization The non-residential uses that are the subject of this analysis represent a cross section of typical non-residential development that has occurred in Rancho Cucamonga in recent years and/or is expected to be built in the near-term future. For the purposes of the analysis, the following building types were identified: • Retail/Commercial • Office • Industrial • Warehouse • Research and Development The household income categories addressed in the analysis include: Extremely Low Income, Very Low Income, Low Income and Moderate Income. C. Data Sources and Qualifications The analyses in this report have been prepared using the best and most recent data available. Local and current data was used whenever possible. Sources such as the 2010 United States Census (Census), the 2015-2019 American Community Survey of the Census (ACS), California Employment Development Department (EDD) and the United States Bureau of Labor Statistics (BLS) data were used extensively. Other sources and analyses are noted when used in the text and footnotes. The data sources and uses are those that provide a reasonable basis to support the nexus between jobs and housing. Page 439 Keyser Marston Associates, Inc. Page 7 2108002v2.TRB October 5, 2021 While we believe all sources utilized are sufficiently accurate for the purposes of the analyses, we cannot guarantee their accuracy. KMA assumes no liability for information from these and other sources. III. THE NON-RESIDENTIAL NEXUS STUDY A. The Nexus Concept Introduction This section outlines the nexus concept and some of the key issues surrounding the linking of new non-residential development to the demand for affordable residential units in Rancho Cucamonga. The nexus analysis and discussion focus on the relationships among development growth, employment, income of workers and demand for affordable housing. The analysis connects the new construction of the types of buildings in which there are workers to the need for additional affordable housing. This connection is quantified both in terms of number of units, and the amount of subsidy assistance needed to make the units affordable. The Legal Basis and Context The first jobs-housing linkage programs were adopted in the cities of San Francisco and Boston in the mid-1980s. To support the linkage between non-residential development and the demand for affordable housing, the City of San Francisco commissioned an analysis to show the relationships, or what might now be characterized as an early version of a nexus analysis. Since that time there have been several court cases and California statutes that affect what local jurisdictions must demonstrate when imposing impact fees on development projects. The most important United States Supreme Court cases are Nollan v. California Coastal Commission and Dolan v. City of Tigard (Oregon). The rulings on these cases, and others, help clarify what governments must find in the way of the nature of the relationship between the problem to be mitigated and the action contributing to the problem. Here, the problem is the shortage of affordable housing, and the action contributing to the problem is building workspaces that create more jobs and worker households needing affordable housing. Following the Nollan decision in 1987, the California legislature enacted AB 1600, which requires local agencies proposing an impact fee on a development project to identify the purpose of the fee, the use of the fee, and to determine that there is a reasonable relationship between the fee’s use and the development project on which the fee is imposed. The local Page 440 Keyser Marston Associates, Inc. Page 8 2108002v2.TRB October 5, 2021 agency must also demonstrate that there is a reasonable relationship between the fee amount and the cost of mitigating the problem that the fee addresses. Studies by local governments designed to fulfill the requirements of AB 1600 are often referred to as “AB 1600” or “Nexus” studies. One court case that involved housing linkage fees was Commercial Builders of Northern California v. City of Sacramento. The commercial builders of Sacramento sued the City of Sacramento following the City’s adoption of a housing linkage fee. Both the United States District Court and the Ninth Circuit Court of Appeals upheld the City of Sacramento, and rejected the builders’ petition. The United States Supreme Court denied a petition to hear the case, letting stand the lower court’s opinion. Since the Sacramento case in 1991, there have been several additional court rulings reaffirming and clarifying the ability of California cities to adopt impact fees. Notable cases can be described as follows: 1. In 2004, in San Remo Hotel v. the City and County of San Francisco, the court upheld the impact fee levied by the City and County of San Francisco on the conversion of residence hotels to tourist hotels and other uses. The court found that a suitable nexus, or deleterious impact, had been demonstrated. 2. In 2009, in Building Industry Association of Central California v. the City of Patterson, the Court invalidated the City of Patterson’s fee because a valid nexus linking the impact of the proposed project to the fee had not been demonstrated. 3. In 2010, a court ruling upheld most of the impact fees levied by the City of Lemoore, in Southern California. Of particular note is the judges’ opinion that a “fee” may be “established for a broad class of projects by legislation of general applicability….the fact that specific construction plans are not in place does not render the fee unreasonable.” In other words, cities do not have to identify specific affordable housing projects to be constructed at the time of adoption of an impact fee. In summary, the case law at this time appears to be fully supportive of the imposition of non- residential linkage Fees. Page 441 Keyser Marston Associates, Inc. Page 9 2108002v2.TRB October 5, 2021 The Nexus Methodology An overview of the basic nexus concept and methodology is helpful to understand the discussion and concepts presented in this section. This overview consists of a quick “walk through” of the major steps of the analysis. The nexus analysis links new non-residential buildings with new workers in the City; these workers demand additional housing in proximity to the jobs, a portion of which needs to be affordable to the workers in lower income households. The methodology utilized in this analysis is a “micro” analysis that examines individual buildings. The micro nexus analysis readily lends itself to quantification that serves as a basis for the nexus cost, or the maximum fee amount for each building type. To illustrate the micro nexus analysis, very simply, we can walk through the major calculations of the analysis. We begin by assuming a prototypical building of a defined size, and then we make the following calculations: 1. We estimate the total number of employees working in the building based on average employment density data. 2. We use occupation and income information for typical job types in the building to calculate how many of those jobs pay compensation at the levels addressed in the nexus analysis. a. Compensation data is provided by EDD, and is specific to the Riverside-San Bernardino-Ontario Metropolitan Statistical Area (MSA) as of 2021. b. Worker occupations by building type are derived from the 2020 Occupational Employment Survey (OES) prepared by the BLS. 3. We know from the Census that many workers are members of households where more than one person is employed, and there is also a range of household sizes. We use factors derived from the Census to translate the number of workers into households of various sizes represented in each income category. 4. Then, we calculate how many of the Extremely Low, Very Low, Low, and Moderate Income households are associated with the building and divide by the building size to arrive at coefficients of housing units per square foot of building area. Page 442 Keyser Marston Associates, Inc. Page 10 2108002v2.TRB October 5, 2021 5. In the last step, we multiply the identified number of households times the cost of delivering housing units affordable to these income groups. The Relationship Between Construction and Job Growth Many factors underlie the reasons for employment growth in a given region; these factors are complex, interrelated, and often associated with forces at the national and international levels. The nexus argument does not make the case that the construction of new buildings is solely responsible for employment growth. However, new construction is uniquely important in the equation, first, as one of the factors contributing to growth, and second, as a unique and essential condition precedent to growth. As to the first, construction itself encourages growth. When the state economy is growing, the areas that experience the most rapid growth are those where new construction activity is vigorous and acts as a vital industry. In regions such as San Bernardino County, where multiple forces of growth exist, the development industry frequently serves as a proactive force inducing growth to occur, or to be attracted to specific areas, by providing new workspaces, particularly those of a speculative nature. Second, the development of workplace buildings bears a direct relationship to job growth, because job growth does not occur in modern service economies without buildings to house new workers. Unlike other growth factors, new buildings play a unique role in that employment growth cannot occur without them for a sustained period of time. Conversely, it is well established that the inability to construct new workplace buildings will constrain, or even halt, job growth. Discount for Changing Industries The local economy, like that of the United States as a whole, is constantly evolving. In San Bernardino County, over the past 20 years, employment in various sectors of the economy has declined. However, jobs lost over the last decade in these declining sectors were replaced by job growth in other industry sectors. Long-term declines in employment experienced in some sectors of the economy mean that some of the jobs created in burgeoning industries are being filled by workers that have been displaced from another industry and who are presumed to already be housed locally. Recognizing that jobs added in the community are not necessarily net new jobs, this step in the Page 443 Keyser Marston Associates, Inc. Page 11 2108002v2.TRB October 5, 2021 analysis makes an adjustment to take these declines, changes and shifts within all sectors of the economy into account. To assist in making the adjustment, KMA analyzed data published by the EDD annually for San Bernardino County for the 20 year period between 2000 and 2019. Over this period, approximately 17,600 jobs were lost in declining industry sectors while growing and stable industries added 274,700 jobs over the same period. The decline was largely focused in the manufacturing sector. The figures are used to establish the ratio between jobs lost in declining industries to jobs gained in growing and stable industries at 10%.3 In effect, this adjustment assumes that 10% of new jobs are filled by a worker downsized from a declining industry and who already lives locally. As the objective is to identify longer-term declines, the declines in employment that occurred after March 2020 due to the coronavirus pandemic were not used as the basis for this adjustment as many of the jobs lost have been or are expected to be restored as the economy recovers from damage caused by the pandemic. The discount for changing industries represents a conservative assumption because many displaced workers may exit the workforce entirely by retiring. Development of new workspace buildings will typically occur only to the extent that there is positive net demand after re- occupancy of buildings vacated by businesses in declining sectors of the economy. To the extent buildings are re-occupied, the discount for changing industries is unnecessary because new buildings would represent net new growth in employment. The 10% adjustment is conservative in that it is mainly necessary to cover a special case in which buildings vacated by declining industries cannot be readily occupied by other uses due to their special purpose nature, because of obsolescence, or because they are torn down or converted to a residential use. Other Factors and Assumptions The “Addendum” at the end of this report provides a discussion of other specific nexus concepts that must also be considered. These factors include: 1. Addressing the housing needs of a new population versus the existing population; 2. Substitution factor, indirect employment and multiplier effects; 3 The 10% ratio is calculated as 17,600 jobs lost in declining sectors divided by 274,700 jobs gained in growing and stable sectors = 6% (rounded up to 10%). Page 444 Keyser Marston Associates, Inc. Page 12 2108002v2.TRB October 5, 2021 3. Changes in labor force participation; 4. Commuting; and 5. Economic cycles. B. Non-Residential Nexus Analysis This section presents a summary of the analysis of the linkage between the five types of workplace buildings, and the estimated number of worker households in the income categories that will, on average, be employed within those buildings. This section should not be read or reproduced without the narrative presented in the previous sections of this study. Analysis Approach and Framework The analysis establishes the jobs-housing linkages for individual building types or land use activities. In turn, this is used to quantify the connection between employment growth in Rancho Cucamonga and the resulting demand for affordable housing. The analysis approach is to examine the employment associated with the development of workplace building prototypes. Then, through a series of linkage steps, the number of employees is converted to households and housing units by affordability level. The findings are expressed in terms of numbers of households related to building area. In the final step, we convert the number of households for an entire building to the number of households per square foot of building area. For ease of understanding, KMA conducts the analysis on 100,000 square foot building modules. The building size is used solely to facilitate understanding of the analysis by being able to avoid cumbersome fractions. The prototypes are meant to cover a wide variety of building types. Together, the five categories are designed to encompass most new non-residential buildings to be constructed by the private sector in Rancho Cucamonga. The categories under analysis are: 1. The Retail/Commercial category includes retail, restaurants, dry cleaners, health clubs and other personal care and service uses that commonly occupy retail/commercial space. 2. The Office category is designed to represent the range of office tenants locating in Rancho Cucamonga, from small professional offices to larger corporate and medical offices. Page 445 Keyser Marston Associates, Inc. Page 13 2108002v2.TRB October 5, 2021 3. The Industrial category encompasses a broad range of uses occupying industrial buildings as well as auto repair and service, and other uses of a semi-industrial character. 4. The Warehouse category represents large structures primarily devoted to storage or logistics activities, typically with a small amount of office space. 5. The Research and Development covers facilities for scientific or medical research, product design, prototype production, development and testing. Household Income Limits When workers form households, their income, either alone or in combination with other workers, produces the household income. In addition, of course, there may be children and/or other household members who are not employed. The nexus analysis estimates demand for affordable housing focusing on the following household income categories: • Extremely Low Income • Very Low Income • Low Income • Moderate Income Household income criteria for these affordability categories are based on the San Bernardino County area median income (Median) as published by the California Department of Housing and Community Development (HCD). The income categories presented in the following table are applied for most housing programs administered by HCD and by the United States Department of Housing and Urban Development (HUD). For a four-person household, the maximum qualifying income levels for 2021 are: Page 446 Keyser Marston Associates, Inc. Page 14 2108002v2.TRB October 5, 2021 Table 6: Summary of Affordability Categories Income Category Percent of Median Income Range (Four-Person Household) Extremely Low Income 0% to 30% of Median $0 to $26,500 Very Low Income Above 30% to 50% of Median $26,501 to $39,500 Low Income Above 50% to 80% of Median $39,501 to $63,200 Moderate Income Above 80% to 120% of Median $63,201 to $93,000 Analysis Steps The analysis is conducted using a model that KMA has developed for application in many jurisdictions for which the firm has conducted similar analyses. The model inputs are comprised of local data to the extent possible, and are fully documented. Table 1 in Appendix A summarizes the nexus analysis steps for the five building types. Following is a description of each step in the analysis: Step 1 – Estimate of Total New Employees Appendix A - Table 1 estimates the total number of employees who will work in the companies that occupy the building types being analyzed. This is done by dividing the building size by the average square feet of space provided to each employee. As the amount of space allocated to each employee is reduced, the supportable nexus cost is increased. The employment densities used in the analysis can be described as follows: 1. Retail/Commercial at 500 square feet per employee. This employment density estimate reflects consideration of a range of sources including the Institute of Transportation Engineers (ITE) Trip Generation Manual, restaurant employment densities derived from National Association of Restaurants data, and the City’s parking requirements for retail uses. The density range within this category is wide, with some types of retail such as restaurant space as much as five times as dense as other types such as furniture or building material supply stores. The estimate used is at the upper end of the range of Page 447 Keyser Marston Associates, Inc. Page 15 2108002v2.TRB October 5, 2021 sources considered and will tend to understate the number of employees relative to many types of retail. 2. Office at 300 square feet per employee. For the purposes of this figure, KMA reviewed employment density estimates from the ITE Trip Generation Manual as well as the City’s parking requirements for office uses. The employment densities cited in these studies ranged from approximately 200 square feet per employee to 330 square feet per employee. The 300 square foot figure utilized by KMA in the nexus analysis is at the upper end of this range. 3. Industrial at 500 square feet per employee. This density covers flex space, light industrial and manufacturing activities. KMA reviewed planning documents for recent projects proposed in Rancho Cucamonga, as well as the ITE Trip Generation Manual. 4. Warehouse at 2,000 square feet per employee. This reflects that the primary activity in the building is assumed to be storage or logistics. A small amount of office or administrative space is assumed within warehouse structures. Sources consulted include the ITE Trip Generation Manual, a Portland Metro Employment Density Study, the United States Department of Energy, the City’s parking requirements, and planning documents for recent projects proposed in Rancho Cucamonga. 5. Research and Development at 500 square feet per employee. KMA reviewed the City’s parking requirement for this use, as well as the ITE Trip Generation Manual. The density factors used in this analysis represent averages, and individual uses can be expected to be fairly divergent from the average from time to time. Specific projects may have more or fewer employees than the employment densities assumed in this analysis. In these instances, the City may wish to include a provision in the ordinance that provides a waiver or a custom impact fee to adjust for employment densities that vary greatly from the averages used in this analysis. That is, projects with much lower employment densities may be allowed to pay a lower impact fee, and projects with much greater employment densities may be required to pay a higher fee. As discussed above, KMA conducted the analysis on 100,000 square foot prototype buildings. The prototypes facilitate the presentation of the nexus findings, as it allows us to count jobs and housing units in whole numbers that can be readily communicated and understood. At the conclusion of the analysis, the findings are divided by the 100,000 square foot building size to express the linkages per square foot, which are very small fractions of housing units. Page 448 Keyser Marston Associates, Inc. Page 16 2108002v2.TRB October 5, 2021 The following table summarizes the employment estimates used in the nexus analysis: Table 7: Employment Estimate for Prototypical 100,000 Square Foot Buildings Building Type Employment Density Number of Employees Retail / Commercial 500 200 Office 300 333 Industrial 500 200 Warehouse 2,000 50 Research and Development 500 200 Potential Impacts of Coronavirus Pandemic This Non-Residential Nexus Study was prepared during the coronavirus pandemic, which could have implications regarding the density of employment in workplace buildings. Potential impacts can be separated into short-term (during the pandemic) and longer-term (post- pandemic). As the nexus analysis determines mitigation costs over the life of new buildings, long-term effects are pertinent while short-term or temporary changes in response to the pandemic would not warrant an adjustment. The experience adapting to remote work during the coronavirus pandemic has led some businesses to plan for remote work as a larger part of their operations post-pandemic. A trend toward remote work would be expected to reduce demand for new non-residential buildings overall, but does not necessarily reduce the impacts of non-residential buildings that are built. A second potential long-term adjustment resulting from the pandemic is reduced employment density, as employers make modifications to office layouts that increase the distance and physical separation between employees. This potential effect is likely most relevant for office building users that have transitioned to higher employment density office configurations. Office employment density estimates used in this analysis are more representative of traditional office layouts that have a mix of private offices and cubicles than higher employment density layouts like “benching” where employees work side-by-side with no partitions or cubicles separating them. Since high employment density office configurations are not assumed, a downward adjustment in consideration of a possible reversal of trends toward lower density of employment within offices is not warranted. Page 449 Keyser Marston Associates, Inc. Page 17 2108002v2.TRB October 5, 2021 Step 2 – Adjustment for Changing Industries This step is an adjustment to take into account any declines, changes and shifts within all sectors of the economy and to recognize that new space is not always 100% equivalent to net new employees. As discussed previously, a 10% adjustment is utilized to recognize the long- term shifts in employment occurring in the San Bernardino County region and the likelihood of continuing changes to the local economy. For demolition of existing structures, the City may wish to provide a credit or offset to the fee when demolition of existing structures occurs as part of a project. Typically, the fee would only be charged against net new space added by a project. The following table summarizes the net new jobs after adjusting for declining industries: Table 8: Net New Jobs Building Type Number of Employees Net New Employees after 10% Declining Industries Adjustment Retail / Commercial 200 180 Office 333 300 Industrial 200 180 Warehouse 50 45 Research and Development 200 180 Step 3 – Adjustment from Employees to Employee Households This step, as shown in Appendix A - Table 1, converts the number of employees to the number of employee households that will work at or in the building type being analyzed. This step recognizes that there is, on average, more than one worker per household, and thus the number of housing units in demand for new workers must be reduced to reflect this fact. The workers per household characteristic provides the link between the number of employees and the number of households associated with the net new employees. Worker households are defined as those households with one or more persons with work-related income, including the self-employed, as reported in the 2015-2019 ACS. In other words, worker households are distinguished from total households in that the universe of worker households does not include elderly or other households in which members are retired or do not work for other reasons. Student households and unemployed households on public assistance are also excluded from Page 450 Keyser Marston Associates, Inc. Page 18 2108002v2.TRB October 5, 2021 the definition of worker households. If the overall average number of workers per household were used, it would have produced a greater demand for housing units. The number of workers per household in a given geographic area is a function of household size, labor force participation rate and employment availability, as well as other factors. According to the 2015-2019 ACS, the average number of workers per worker household in San Bernardino County was 1.84. Since workers employed in Rancho Cucamonga live all over San Bernardino County and beyond, the County average is used in the analysis. The following table summarizes the number of housing units needed: Table 9: Number of Housing Units Needed Building Type Net New Jobs (Table 4) Housing Units Needed (1.84 workers per unit) Retail / Commercial 180 98.1 Office 300 163.5 Industrial 180 98.1 Warehouse 45 24.5 Research and Development 180 98.1 Step 4 – Occupational Distribution of Employees Estimating the occupational breakdown of employees is the first step to arriving at estimated income levels. The occupational make up of jobs by building type is estimated by combining two data sources: BLS data on the distribution of occupations by industry category and data on employment by industry for San Bernardino County from the Quarterly Census of Employment and Wages (QCEW).4 Industry categories are weighted to reflect the mix of employers in San Bernardino County. The occupations that reflect the expected mix of activities in the new buildings are presented in Appendices B - F. 1. For retail/commercial buildings, a wide range of retail categories are included, as well as restaurants and personal services. 2. For office buildings, the mix of industries reflects a wide range of financial, professional service, technology and medical offices. 4 QCEW data was not available for the City. Page 451 Keyser Marston Associates, Inc. Page 19 2108002v2.TRB October 5, 2021 3. The industrial category encompasses a range of light industrial, wholesale, manufacturing, automotive, and maintenance and repair services. 4. For warehouse, the applicable industry category is Warehouse & Storage. 5. Research and Development reflects the industry category for research and development in the physical, engineering and life sciences. Step 4 estimates are presented in Appendix A - Table 1 and Appendices B – F. The following table summarizes the percentage distribution of jobs by occupation: Table 10: Percent of Jobs by Occupation Retail / Commercial Office Industrial Warehouse R&D Management Occupations 2.8% 9.3% 6.3% 2.4% 17.4% Business and Financial 0.7% 13.4% 4.3% 2.1% 10.7% Computer and Mathematical 0.1% 7.6% 2.1% 0.6% 12.9% Architecture and Engineering 0.0% 3.5% 3.7% 0.2% 13.9% Sciences 0.0% 1.0% 0.6% 0.1% 25.5% Community & Social Services 0.0% 0.9% 0.0% 0.0% 0.2% Legal 0.0% 2.1% 0.1% 0.0% 0.6% Education, and Library 0.0% 0.3% 0.0% 0.0% 0.3% Arts, Design, Entertainment 0.4% 1.7% 0.7% 0.1% 1.2% Healthcare Practitioners 1.8% 11.3% 0.1% 0.0% 2.5% Healthcare Support 0.3% 6.5% 0.0% 0.0% 0.9% Protective Service 0.3% 0.8% 0.1% 0.7% 0.4% Food Prep and Serving 39.9% 0.5% 0.7% 0.0% 0.1% Building and Grounds. 0.4% 1.0% 0.4% 0.7% 0.3% Personal Care and Service 2.8% 0.8% 0.0% 0.0% 0.2% Sales and Related 30.9% 6.5% 10.5% 1.1% 1.7% Office and Admin Support 4.9% 27.0% 12.1% 12.4% 7.4% Farming, Fishing, Forestry 0.0% 0.0% 0.1% 0.0% 0.2% Construction and Extraction 0.1% 0.5% 1.4% 0.1% 0.3% Installation, Maint. and Repair 3.1% 3.3% 11.4% 2.6% 1.0% Production 2.0% 0.9% 30.4% 1.9% 1.8% Transportation 9.4% 1.3% 15.2% 74.9% 0.5% Totals 100% 100% 100% 100% 100% Page 452 Keyser Marston Associates, Inc. Page 20 2108002v2.TRB October 5, 2021 To determine the distribution of worker households by occupation category, the percentage distribution of workers’ occupations identified in Table 10 above is multiplied by the total number of worker households in Table 9. The result is the distribution in the number of worker households by worker occupation category as shown in the table below: Table 11: Number of Worker Households by Worker Occupation Category Retail / Commercial Office Industrial Warehouse R&D Management Occupations 2.7 15.1 6.2 0.6 17.1 Business and Financial 0.7 21.9 4.2 0.5 10.5 Computer and Mathematical 0.1 12.4 2.1 0.2 12.6 Architecture and Engineering 0.0 5.8 3.6 0.0 13.7 Sciences 0.0 1.6 0.6 0.0 25.0 Community & Social Services 0.0 1.4 0.0 0.0 0.2 Legal 0.0 3.5 0.0 0.0 0.6 Education, and Library 0.0 0.5 0.0 0.0 0.3 Arts, Design, Entertainment 0.4 2.7 0.7 0.0 1.1 Healthcare Practitioners 1.7 18.5 0.1 0.0 2.5 Healthcare Support 0.3 10.6 0.0 0.0 0.9 Protective Service 0.3 1.3 0.1 0.2 0.4 Food Prep and Serving 39.1 0.8 0.6 0.0 0.1 Building and Grounds. 0.4 1.6 0.4 0.2 0.3 Personal Care and Service 2.7 1.3 0.0 0.0 0.2 Sales and Related 30.3 10.7 10.3 0.3 1.7 Office and Admin Support 4.8 44.1 11.8 3.0 7.3 Farming, Fishing, Forestry 0.0 0.0 0.1 0.0 0.2 Construction and Extraction 0.1 0.8 1.4 0.0 0.2 Installation, Maint. and Repair 3.0 5.3 11.2 0.6 1.0 Production 2.0 1.4 29.8 0.5 1.8 Transportation 9.2 2.2 14.9 18.4 0.5 Totals 98.1 163.5 98.1 24.5 98.1 Page 453 Keyser Marston Associates, Inc. Page 21 2108002v2.TRB October 5, 2021 Step 5 – Estimate Of Employee Household Income In this step, occupations are translated to incomes based on recent San Bernardino County wage and salary information published by EDD for the first quarter of 2021 for the occupations associated with each building type. This step in the analysis calculates the number of employee households that fall into each income category. For each occupational category shown in Tables 10 and 11, the OES data provides a distribution of specific occupations within the category. For example, within the Food Preparation and Serving Category, there are Supervisors, Cooks, Servers, Dishwashers, etc. Each of these individual categories has a different distribution of wages which was obtained from EDD and is specific to workers in San Bernardino County as of 2021. Worker compensations used in the analysis assume full-time employment (40 hours per week) based on EDD’s convention for reporting annual compensation. Compensations are adjusted where applicable to reflect the current $14 per hour State minimum wage for businesses with 26 or more employees, which results in a minimum annual income of $29,120 assuming full-time employment. The following is a summary of the worker compensation levels for the top two occupation groups by building type. The percentages refer to the share of employment within the building in the occupation group. Appendices B – F show the more detailed wage and salary information that were used as the income inputs to the model. Page 454 Keyser Marston Associates, Inc. Page 22 2108002v2.TRB October 5, 2021 Table 12: San Bernardino County Worker Compensation by Building Type (2021) Building Type Major Occupation Group % of Employment in Building Average Annual Worker Compensation 5 Retail/Commercial Food Preparation and Serving 40% $32,200 Sales and Related Occupations 31% $37,100 Office Office and Administrative Support 27% $44,300 Business and Financial Operations 13% $75,000 Industrial Production Occupations 30% $41,900 Transportation and Material Moving Occupations 15% $41,100 Warehouse Transportation and Material Moving Occupations 75% $39,100 Office and Administrative Support 12% $43,700 Research and Development Life, Physical and Social Science Occupations 26% $92,600 Management Occupations 17% $136,900 Source: California Employment Development Department, 2020 Occupational Employment Statistics Survey, Wages First Quarter 2021 Employee income is then translated into an estimate of household income using ratios between individual employee income and household income derived from Census data. Ratios reflect an analysis of data for the workforce in San Bernardino County with annual household incomes under $250,000. Households with income of $250,000 or more are not included to avoid a disproportionate influence on averages by a small percentage of households with incomes well over levels addressed in this analysis. 5 Compensation is based on the full-time equivalent of 40 hours per week. Page 455 Keyser Marston Associates, Inc. Page 23 2108002v2.TRB October 5, 2021 Table 13: Ratio of Household Income to Individual Worker Income Individual Worker Income One Worker Households Two Worker Households Three or More Workers $25,000 to $30,000 1.30 2.56 3.56 $30,000 to $40,000 1.26 1.32 3.04 $40,000 to $50,000 1.17 2.04 2.51 $50,000 to $60,000 1.14 1.92 2.24 $60,000 to $80,000 1.12 1.74 1.97 $80,000 to $100,000 1.07 1.63 1.80 $100,000 to $125,000 1.06 1.53 1.61 $125,000 to $150,000 1.07 1.45 1.51 $150,000 to $250,000 1.06 1.34 1.38 $250,000 and above 1.05 1.20 1.24 Source: KMA analysis of 2015 – 2019 American Community Survey PUMS data for San Bernardino County A ratio of 1.0 in Table 13 indicates that the household has no additional income beyond that of the individual worker. A ratio of 2.0 means that total household income is twice what the individual worker earns. With a two-earner household, a ratio of 2.0 indicates each worker in the household earns about the same amount. A ratio above 2.0 would indicate the other worker in the household earns more, on average, while a ratio less than 2.0 indicates the other worker earned less. The ratio between worker income and overall household income decreases as worker pay increases. This is because workers with higher pay are more likely to represent the largest source of household income The ratios adjust employee incomes upward even for households with only one worker. This is in consideration of non-wage/salary income sources such as child support, disability, social security income, investment income and others. Ratios for one-worker households at the lower end of the compensation range tend to be larger, an indication that these workers are more likely to derive a share of household income from non-employment sources such as social security. Household income estimates for workers within each detailed occupation category are summarized in Appendix G. A separate estimate is provided for households with one, two, and three or more workers. Estimates are compared to HUD income criteria summarized in the following table to estimate the percent of worker households that would fall into each income Page 456 Keyser Marston Associates, Inc. Page 24 2108002v2.TRB October 5, 2021 category. This is done for each potential combination of household size and number of workers in the household. Table 14: 2021 Household Income Limits for San Bernardino County Household Size (Persons) Household Income Category 1 2 3 4 5 6 + Extremely Low (Under 30% AMI) $16,600 $19,000 $21,960 $26,500 $31,040 $35,580 Very Low (30%-50% AMI) $27,650 $31,600 $35,550 $39,500 $42,700 $45,850 Low (50%-80% AMI) $44,250 $50,600 $56,900 $63,200 $68,300 $73,350 Moderate (80%-120% AMI) $65,100 $74,400 $83,700 $93,000 $100,450 $107,900 Median (100% of Median) $54,250 $62,000 $69,750 $77,500 $83,700 $89,900 Source: California Department of Housing and Community Development. At the end of Step 5, the nexus analysis has established the matrix indicating the percentages of households that would qualify in each of the affordable income tiers for each occupation category and each potential combination of household size and number of workers in the household. Step 6 – Estimate of Household Size Distribution In this step, household size distribution is estimated using 2015 – 2019 ACS data for San Bernardino County. Data for the County is used since workers are more representative of the larger area in which workers live (the County) than the City of Rancho Cucamonga. In addition to the distribution of household sizes, the data also accounts for a range in the number of workers in households of various sizes. The following table indicates the percentage distribution utilized in the analysis. Application of these percentage factors accounts for the following: 1. Households have a range in size and a range in number of workers. 2. Larger households generally have more workers than smaller households. Page 457 Keyser Marston Associates, Inc. Page 25 2108002v2.TRB October 5, 2021 Table 15: Percent of Households by Size and No. of Workers No. of Persons in Household No. of Workers in Household Percent of Total Households 1 1 11.42% 2 1 13.15% 2 11.13% 3 1 8.75% 2 8.83% 3+ 2.46% 4 1 6.55% 2 7.44% 3+ 4.85% 5 1 4.31% 2 4.89% 3+ 3.19% 6 1 4.53% 2 5.15% 3+ 3.35% Total 100% Source: 2015-2019 American Community Survey for San Bernardino County The result of Step 6 is a distribution of working households by number of workers and household size. Step 7 – Estimate of Households that meet HCD Size and Income Criteria Step 7 calculates the number of employee households that fall into each income category for each size household. This calculation is based on combining the household income distribution (Step 5) with the worker household size distribution (Step 6) to arrive at a distribution of worker households by income category. These analyses are presented in Appendix A – Tables 2A – 2D, and summarized in Appendix A – Table 3. Housing Demand by Income Level Appendix A - Table 3 illustrates the results of the analysis for the four income categories and the five prototypical buildings being analyzed in this study. The table presents the estimated number of households in each affordability category, the total number up to 120% of the Median, and the remaining households earning over 120% of Median. Page 458 Keyser Marston Associates, Inc. Page 26 2108002v2.TRB October 5, 2021 Table 16: Number of Households by Income Category Per 100,000 Square Feet of Building Retail / Commercial Office Industrial Warehouse R&D Extremely Low 4.4 2.0 2.0 0.7 0.5 Very Low Income 20.5 10.4 10.3 3.6 1.7 Low Income 31.9 33.2 27.4 8.9 6.5 Moderate Income 19.0 34.4 22.7 5.0 17.2 Subtotal 75.8 80.0 62.5 18.2 25.9 Above 120% AMI 22.3 83.5 35.6 6.3 72.2 Total 98.1 163.5 98.1 24.5 98.1 Appendix A - Table 3 also presents the percentages of total new worker households that fall into each income category. As indicated, approximately 75% of Retail/Commercial and Warehouse worker households earn less than 120% of the Median. In addition, approximately 50% of Office and 65% Industrial worker households earn less than 120% of the Median. Table 17: Percentage of Households by Income Category Retail / Commercial Office Industrial Warehouse R&D Extremely Low 4.5% 1.2% 2.0% 2.7% 0.5% Very Low Income 20.9% 6.3% 10.5% 14.7% 1.8% Low Income 32.5% 20.3% 28.0% 36.2% 6.6% Moderate Income 19.4% 21.0% 23.2% 20.6% 17.5% Subtotal 77.2% 48.9% 63.7% 74.1% 26.4% Above 120% AMI 22.8% 51.1% 36.3% 25.9% 73.6% Total 100% 100% 100% 100% 100% Page 459 Keyser Marston Associates, Inc. Page 27 2108002v2.TRB October 5, 2021 Housing Demand by Square Foot Building Area The analysis thus far has worked with 100,000 square foot prototypical buildings. In this step, the conclusions are translated to a per-square-foot level and expressed as coefficients. These coefficients state the portion of a household, or housing unit, by affordability level for which each square foot of building area is associated (see Appendix A - Table 4). This is the summary of the affordable housing nexus analysis, or the linkage of buildings to employment growth to housing demand disaggregated by income level. We believe that our analysis provides a conservative approximation (understates at the low end) of the households by income and affordability levels associated with these building types. Table 18: New Worker Households Per Square Foot Retail / Commercial Office Industrial Warehouse R&D Extremely Low 0.0000437 0.0000204 0.0000201 0.0000065 0.0000051 Very Low Income 0.0002045 0.0001037 0.0001034 0.0000360 0.0000172 Low Income 0.0003192 0.0003318 0.0002743 0.0000888 0.0000648 Moderate Income 0.0001902 0.0003441 0.0002273 0.0000505 0.0001715 Total 0.0007576 0.0008000 0.0006250 0.0001818 0.0002587 C. Maximum Nexus Costs This section takes the conclusions from the previous section on the number of households in the Extremely Low, Very Low, Low, and Moderate Income categories associated with each building type, and estimates the total cost of assistance required to make housing affordable. This section puts a cost on the units at each income level to produce the “total affordable housing nexus cost.” Affordability Gaps A key component of the analysis is the size of the gap between what households can afford and the cost of producing additional housing in Rancho Cucamonga; this is known as the “affordability gap.” The assumption is that the City will assist in the development of affordable units at development cost levels based on similar development projects and the City’s recent experience. Page 460 Keyser Marston Associates, Inc. Page 28 2108002v2.TRB October 5, 2021 KMA conducted a series of affordability gap analyses, which are presented in Appendix H. For the Extremely Low Income and Very Low Income tiers it is assumed that Tax-Exempt Multifamily Bonds and 4% Tax Credits will be available (leveraged projects). For the Low Income tier, KMA analyzed both a leveraged project assuming rents set at 60% AMI and an unleveraged project with rents set at 80% AMI. The leveraged project (at 60% AMI) had a lower affordability gap than the unleveraged project, which is used in this analysis. Since 4% Tax Credits are not available to units above 80% AMI, the Moderate Income tier is structured as an unleveraged rental project. The resulting affordability gaps per unit are presented in the following table: Table 19: Affordability Gaps Extremely Low Income (0% to 30% Median) ($272,700) Very Low Income (Above 30% to 50% Median) ($219,300) Low Income (Above 50% to 80% Median) ($192,600) Moderate Income (Above 80% to 120% Median) ($205,600) Total Affordable Housing Nexus Costs Previous steps in the nexus analysis estimated the following: 1. The number of Extremely Low, Very Low, Low and Moderate Income households that will be employed in each of the four types of buildings; and 2. The affordability gaps associated with providing housing at the various income levels. The final step in the nexus analysis translates these factors into the estimated cost to fulfill the affordable housing demand created by the prototype developments (Appendix A – Table 5). These results are then converted into the affordability gaps per square foot of building area for the new development of retail/commercial, office, industrial, warehouse, and research and development uses. This is defined as the affordable housing nexus cost, which represents the maximum allowable Non-Residential Linkage Fee. Based on the results of the KMA analysis, the maximum fees for the five building types are as follows: Page 461 Keyser Marston Associates, Inc. Page 29 2108002v2.TRB October 5, 2021 Table 20: Maximum Fees Per Square Foot of Building Area 6 Retail/Commercial $157 Office $162 Industrial $127 Warehouse $37 R&D $53 Total nexus and mitigation costs are driven by employment densities, the compensation level of jobs, and the cost of developing residential units. Higher employment densities contribute to higher nexus costs. These fee amounts represent the maximum amounts that can be charged under the nexus requirements imposed by the United States Supreme Court and the California Government Code. IV. RECOMMENDED NON-RESIDENTIAL LINKAGE FEE LEVELS The following sections discuss methods in which the City could set the Non-Residential Linkage Fee amounts: A. Fee-Setting Context The preceding study establishes the maximum fee amounts the City could charge under the nexus requirements imposed by the United States Supreme Court and the California Government Code. Recognizing that the Non-Residential Linkage Fee is not the only tool the City will use to fulfill affordable housing needs, it is KMA’s assumption that the City will choose to set the fee at less than the ceiling applied by the nexus test. In KMA’s opinion, the fee amounts should be selected based on the following: 1. The strength of the local real estate market for the building types that will pay the fee; 2. The total fees imposed on new development as compared to jurisdictions that are competing for the uses; and 3. The local policy objectives. 6 Fee amounts are rounded down to whole numbers. Page 462 Keyser Marston Associates, Inc. Page 30 2108002v2.TRB October 5, 2021 The following information is provided to assist the City in selecting the fee amounts to be imposed. B. Financial Feasibility Analysis As indicated in the previous section, the nexus analysis establishes the maximum legally supportable Non-Residential Linkage Fee levels. These amounts reflect the full cost associated with fulfilling the need for affordable housing created by the new non-residential development. However, this does not take into account the impact the Non-Residential Linkage Fee will have on the financial feasibility of new development. It is important to establish a balance between the public policy objectives and the economic impact that will be experienced by property owners and developers. To that end, KMA prepared a financial feasibility analysis (See “Financial Feasibility Analysis of Non-Residential Linkage Fees”) to assess the impact of proposed Non-Residential Linkage Fee amounts on each non-residential land use. Development Cost Analysis A common approach to establishing fee levels is based on comparing the Non-Residential Linkage Fee against the development costs associated with each land use. This approach facilitates an evaluation of whether the amount is likely to affect development decisions. Based on a review of historical development project information provided by City staff, KMA prepared prototypical projects and development budgets for representative non-residential product types currently being developed in Rancho Cucamonga. These prototypes are utilized as the basis for which to test the impact of potential impact fees on development costs. The development prototypes utilized for this analysis are summarized as follows: 1. Retail/Commercial Prototype; 2. Office Prototype; 3. Industrial Prototype; 4. Warehouse Prototype; and 5. Research and Development Prototype. s such,first prepared a base pro forma analysis ofeachland use prototype that does not include a on-esidential inkage ee.ext,estimateda range ofpotential on-esidential inkage ees based ona percentage oftotal development cost s ranging from .%to %oftotal development cost s. Page 463 Keyser Marston Associates, Inc. Page 31 2108002v2.TRB October 5, 2021 Table 21: Non-Residential Linkage Fee Per SF as a Percentage of Development Costs (Base Scenario) % Of Development Costs Retail / Commercial Prototype Office Prototype Industrial Prototype Warehouse Prototype Research and Development Prototype 0.5% of Development Costs $2.21 $1.98 $0.70 $0.66 $0.69 1.0% of Development Costs $4.41 $3.96 $1.39 $1.33 $1.38 1.5% of Development Costs $6.62 $5.95 $2.09 $1.99 $2.07 2.0% of Development Costs $8.82 $7.93 $2.78 $2.66 $2.76 2.5% of Development Costs $11.03 $9.91 $3.48 $3.32 $3.45 3.0% of Development Costs $13.23 $11.89 $4.17 $3.99 $4.14 Based on these estimates and discussions with City staff, KMA analyzed the impact on each development prototype’s financial feasibility for the following Non-Residential Linkage Fee amounts: $1 per square foot, $2 per square foot, and $3 per square foot. For reference, to evaluate the financial feasibility of each fee amount, KMA set the threshold return requirements for each development prototype as follows: Table 22: Threshold Return Requirements Retail / Commercial Prototype Office Prototype Industrial Prototype Warehouse Prototype Research and Development Prototype Feasible Range (Green) ≥ 8.00% ≥ 9.00% ≥ 6.50% ≥ 6.50% ≥ 6.50% Marginally Feasible Range (Yellow) 7.00% - 7.99% 8.00% - 8.99% 6.00% - 6.49% 6.00% - 6.49% 6.00% - 6.49% Infeasible Range (Red) ≤ 6.99% ≤ 7.99% ≤ 5.99% ≤ 5.99% ≤ 5.99% The following table summarizes the results of the financial feasibility analysis: Table 23: Estimated Returns on Investment By Non-Residential Linkage Fee Amount Page 464 Keyser Marston Associates, Inc. Page 32 2108002v2.TRB October 5, 2021 Retail / Commercial Prototype Office Prototype Industrial Prototype Warehouse Prototype Research and Development Prototype Base: No Linkage Fee 5.67% 3.40% 7.28% 8.16% 6.81% Linkage Fee @ $1/SF 5.65% 3.39% 7.22% 8.10% 6.76% Linkage Fee @ $2/SF 5.64% 3.38% 7.17% 8.03% 6.71% Linkage Fee @ $3/SF 5.63% 3.37% 7.11% 7.97% 6.65% As such, KMA concludes that the retail/commercial and office land uses are likely to be financially infeasible even without the imposition of a Non-Residential Linkage Fee. In contrast, the imposition of a Non-Residential Linkage Fee in the range of $1 to $3 per square foot of building area has a very minimal impact on the financial feasibility of the industrial, warehouse, and research and development land uses. C. Fees in Other Jurisdictions It is important to note that historically Non-Residential Linkage Fee programs were primarily found in Northern California jurisdictions. However, more Southern California jurisdictions have enacted Non-Residential Linkage Fee programs in recent years. The following summarizes the requirements of these programs: Table 24: Comparison of Fees in Other Jurisdictions Page 465 Keyser Marston Associates, Inc. Page 33 2108002v2.TRB October 5, 2021 Jurisdiction Fee Amount Per Square Foot of GBA Exemptions Culver City $5 • Non-residential developments less than 10,000 square feet • Community land uses that serve the public • Reconstruction of building area destroyed by act of nature • Housing portions of a mixed-use project Los Angeles $3 - $5 • Non-residential developments less than 15,000 square feet • Hospitals • Grocery stores (if non within 1/3 mile) • Public institutional projects Glendale $4 • Non-residential developments less than 1,250 square feet • Hotels • Auto Dealerships • Institutional Uses • Reconstruction of building area destroyed by act of nature San Diego Office - $2.12 • Non-profit hospitals Hotel - $1.28 • Manufacturing/warehouse uses Research and Development - $0.80 • Government uses Retail - $1.28 Santa Monica Retail - $9.75 • Institutional Projects Office - $11.21 • Commercial portions of apartment projects developed by non-profit housing providers if public assistance is provided Hotel/Lodging - $3.07 Hospital - $6.15 Industrial - $7.53 Institutional - $10.23 Creative Office - $9.59 Medical Office - $6.89 West Hollywood $8.68 • Non-residential development less than 10,000 square feet Page 466 Keyser Marston Associates, Inc. Page 34 2108002v2.TRB October 5, 2021 The non-residential linkage fees in the six Southern California jurisdictions range from a low of $0.80 per square foot of GBA for research and development uses in San Diego to a high of $11.21 per square foot of GBA for office development uses in Santa Monica. It should be noted that some jurisdictions set a threshold project size below which Commercial Impact Fees are not imposed. A commonly used threshold is 10,000 square feet of GBA. D. Recommended Fee Levels Based on the context of the financial feasibility analysis, development cost analysis, the fees survey for nearby jurisdictions, the relative strength of the Rancho Cucamonga real estate market, and taking into account the City’s policy objectives, we recommend that the City consider a fee in the $1 to $3 per square foot range for industrial, warehouse, and research and development uses. Table 25: Recommended Non-Residential Linkage Fees Per Square Foot Retail/Commercial No Fee Office No Fee Industrial $1 - $3 Warehouse $1 - $3 Research and Development $1 - $3 However, it is important to note that this recommendation does not take into account any other fees currently under review by the City. Any changes on other fee levels would impact this recommendation. E. Potential Indices for Annual Updates to Non-Residential Linkage Fees Administrative objectives that should be taken into consideration in selecting an appropriate index for updating the Non-Residential Linkage Fees are as follows: 1. The update methodology should be simple and easily administered; Page 467 Keyser Marston Associates, Inc. Page 35 2108002v2.TRB October 5, 2021 2. The terms of the update should be clear and objective, not subject to interpretation; and 3. The update should be tied to a readily accessible and neutral third-party published source. The following table summarizes common indices that could be used to adjust the Non- Residential Linkage Fee amounts each year: Table 26: Potential Indices for Annual Escalation Index Concept/Description Advantages Disadvantages Building Cost Index (BCI) • Fees go up or down based on changes in building construction costs • Very well established • May not trend with changes in development cost components such as land and soft costs • Consistent fee burden is imposed relative to changes in construction costs • Published by Engineering News Record (ENR) • May not trend with the cost associated with producing affordable units • Available as a national average for 20 cities Construction Cost Index (CCI) • Also published by ENR and similar to the Building Cost Index, but with different weighting toward labor costs • Very well established • The BCI is likely the more appropriate of the two ENR indices since it is more closely linked to commercial construction costs • Consistent fee burden is imposed relative to changes in construction costs Consumer Price Index (CPI) • Published by the United States Bureau of Labor Statistics. • Very well established • May not trend with commercial construction costs, or the cost to produce affordable housing units • Tracks with inflation generally • Available for major metropolitan areas • Produced by a neutral government agency If the City uses one of the indices above to escalate other impact fees, KMA recommends using that same index to escalate the Non-Residential Linkage Fee. Page 468 Keyser Marston Associates, Inc. Page 36 2108002v2.TRB October 5, 2021 V. ADDENDUM: FACTORS RELATING TO THE NEXUS CONCEPT This Addendum provides a discussion of various specific factors and assumptions related to the nexus concept. This discussion supplements the overview provided in the previous sections of the report. A. Addressing the Housing Needs of a New Population versus the Existing Population The City, in its draft 2021-2029 Housing Element, has documented that the housing needs of existing lower income households are not currently being met. The Housing Element states that approximately 25% of all the households in Rancho Cucamonga are defined as extremely low, very low or low income households. The existing housing shortage, especially at the lowest income levels, is manifested in numerous ways such as residents paying far more than the affordable rent set forth in federal and state guidelines, overcrowding, and other factors that are extensively documented by the Census and other reports. It is important to understand that this nexus study does not address the housing needs of the existing population. Rather, the study focuses exclusively on documenting and quantifying the housing needs of new households where an employee works in a new workplace building. Local analyses of housing conditions indicate that new housing affordable to lower income households is not being added to the supply in sufficient quantity to meet the needs of new employee households. If significant numbers of units were being added to the supply to accommodate the Extremely Low to Moderate Income groups, or if residential units in Rancho Cucamonga were experiencing higher than typical long-term vacancy levels, particularly in affordable units, then the need for new units would be questionable. B. Substitution Factor Any given new workplace buildings in Rancho Cucamonga may be occupied partly, or even perhaps totally, by employees relocating from elsewhere in the city. Buildings are often leased entirely to firms relocating from other buildings in the same jurisdiction. However, when a firm relocates to a new building from elsewhere in the region, a vacant space is created that will ultimately be occupied by another firm. In turn, that building may be filled with some combination of newcomers to the area and existing workers. Somewhere in the chain there are jobs new to the region. The net effect is that new buildings accommodate new employees, although not necessarily inside of the new buildings themselves. Page 469 Keyser Marston Associates, Inc. Page 37 2108002v2.TRB October 5, 2021 C. Indirect Employment and Multiplier Effects The multiplier effect refers to the concept that the income generated by a new job recycles through the economy and results in additional jobs. The total number of jobs generated is broken down into three categories – direct, indirect and induced. In the case of the nexus analysis, the direct jobs are those located in the new workspace buildings that would be subject to the impact fee. Multiplier effects encompass indirect and induced employment. Indirect jobs are generated by suppliers to the businesses located in the new workspace buildings. Finally, induced jobs are generated by local spending on goods and services by the employees in the new businesses. Multiplier effects vary by industry. Industries that draw heavily on a network of local suppliers tend to generate larger multiplier effects. Industries that are labor intensive also tend to have larger multiplier effects as a result of the induced effects of employee spending. Theoretically, a non-residential nexus analysis could consider multiplier effects. However, the potential for double counting exists to the extent indirect and induced jobs are added in other new buildings in jurisdictions that have jobs-housing linkage fees. KMA chooses to omit the multiplier effects (the indirect and induced employment impacts) to avoid potential double counting. In addition, the nexus analysis addresses direct “inside” employment only. In the case of an office building, for example, direct employment covers the various managerial, professional and clerical people that work in the building; it does not include the security guards, the delivery services, the landscape maintenance workers, and many others that are associated with the normal functioning of an office building. By confining the analysis to the “inside” direct employees, the demand for affordable housing created by lower income workers associated with each type of building will be understated. This provides a more conservative perspective on the demand for affordable housing created by the development of new workplaces. If these factors were included, the maximum allowable Non-Residential Linkage Fee would be higher than the amount estimated in this report. D. Changes in Labor Force Participation In the 1960s through the 1980s, there were significant increases in labor force participation, primarily among women. As a result, some of the new workers were entering the labor force and already had local housing. This acts to reduce the demand for housing associated with job growth. In earlier nexus analyses prepared by KMA, we would adjust the analysis to account for Page 470 Keyser Marston Associates, Inc. Page 38 2108002v2.TRB October 5, 2021 this factor. However, increases in participation rates by women have stabilized, and even declined slightly, while labor force participation rates for men have been on a downward trajectory since 1970. As such, an adjustment for increase in labor force participation is no longer warranted in a nexus analysis. E. Commuting Workers in Rancho Cucamonga commute from locations throughout the San Bernardino County region. Nexus analyses sometimes make a downward adjustment to reflect the fact that an assumed portion of housing needs will be satisfied by other jurisdictions. Such an adjustment is not required for nexus purposes; all housing demand generated by a project may be included in the nexus. No adjustment for commuting has been reflected in the study. F. Economic Cycles A nexus analysis of this nature is intended to support the imposition of a one-time fee that addresses the impacts generated over the 40+ year life of a project. Short-term conditions, such as a recession or a vigorous boom period, are not appropriate bases for estimating impacts over the life of a building. These cycles can produce impacts that are higher or lower on a temporary basis. Development of new workspace buildings tends to be minimal during a recession, and generally remains minimal until conditions improve or there is confidence that improved conditions are imminent. To the limited extent that new workspace buildings are built during a recession, housing impacts from these new buildings may not be fully experienced immediately. New buildings delivered during a recession can sometimes sit vacant for a period after completion. Even if new buildings are immediately occupied, the net absorption of space can still be zero or negative if other buildings are vacated in the process. Jobs added may also be filled in part by unemployed or underemployed workers who are already housed locally. As the economy recovers, firms will begin to expand and hire again filling unoccupied space as unemployment is reduced. New space delivered during the recession still adds to the total supply of employment space in the region. Though the jobs are not realized immediately, as the economy recovers and vacant space is filled, this new employment space absorbs or accommodates job growth. Although there may be a delay in time, the fundamental relationship between new buildings, added jobs, and housing needs remains over the long term. Page 471 Keyser Marston Associates, Inc. Page 39 2108002v2.TRB October 5, 2021 In contrast, during a vigorous economic boom period, conditions exist in which elevated impacts are experienced on a temporary basis. As an example, compression of employment densities can occur as firms add employees while making do with existing space. Compressed employment densities mean more jobs are added for a given amount of building area. Boom periods also tend to go hand-in-hand with rising development costs and increasing home prices. These factors can bring market rate housing out of reach for a larger percentage of the workforce and increase the cost of delivering affordable units. G. Conservative Assumptions KMA employed many conservative assumptions in the estimation of the total affordable housing nexus costs. As a result, the total affordable housing nexus costs identified in this study are significantly lower than the amounts that would have been derived if less conservative assumptions had been applied. These conservative assumptions can be summarized as follows: 1. The study only counts employees that are employed in the companies that occupy the new development. The development of new commercial space will also generate indirect jobs from the suppliers to the businesses located in the new workspace buildings, and induced jobs related to the local spending on goods and services by the direct employees. 2. The annual incomes for workers used in this analysis reflect full-time employment based on the California Employment Development Department’s convention for reporting compensation information. Of course, many workers work less than full time; therefore, the annual compensation estimates used in the analysis are overstated, especially for retail/commercial uses, which tend to have a high number of part-time employees. 3. The conservative assumptions applied to the affordability gap analysis are: a. The affordability gaps were estimated based on rents that are affordable to households at the top of each income range. If the mid-point of the income ranges had been used, the affordability gaps would have been larger, which would increase the resulting nexus costs. b. The affordability gap analysis for Extremely Low, Very Low and Low Income households includes Tax-Exempt Multifamily Bonds and 4% Tax Credit financing. The inclusion of these outside leveraging sources reduces the affordability gap that would need to be filled by the city. Page 472 Keyser Marston Associates, Inc. Page 40 2108002v2.TRB October 5, 2021 VI. MITIGATION FEE ACT FINDINGS This section provides findings language consistent with the requirements of the Mitigation Fee Act as set forth in Government Code § 66000 et seq. A. Identify the purpose of the fee (66001(a)(1)). The purpose of the Non-Residential Linkage Fee is to fund construction of affordable housing to mitigate the increased demand for affordable housing from workers in newly developed workplace buildings. B. Identify the use to which the fee is to be put (66001(a)(2)). Non-Residential Linkage Fees are used to increase the supply of housing affordable to qualifying Extremely Low, Very Low, Low and Moderate-Income households earning from 0% through 120% of median income. C. Determine how there is a reasonable relationship between the fee's use and the type of development project on which the fee is imposed (66001(a)(3)). The foregoing Non-Residential Nexus Study has demonstrated that there is a reasonable relationship between the use of the fee, which is to increase the supply of affordable housing in Rancho Cucamonga, and the development of new non-residential buildings which increases the need for affordable housing. Development of new non-residential buildings increases the number of jobs in Rancho Cucamonga. A share of the new workers in these new jobs will have household incomes that qualify as Extremely Low, Very Low, Low and Moderate Income and result in an increased need for affordable housing. D. Determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed (66001(a)(4)). The analysis has demonstrated that there is a reasonable relationship between the development of non-residential workspace buildings in Rancho Cucamonga and the need for additional affordable units. Development of new workspace buildings accommodates additional jobs in Rancho Cucamonga. Five different non-residential development types were analyzed (Retail/Commercial, Office, Industrial, Warehouse and Research and Development). The number of jobs added in various types of new non-residential buildings is documented in Appendix A – Table 1. Based on household income levels for the new workers in these new Page 473 Keyser Marston Associates, Inc. Page 41 2108002v2.TRB October 5, 2021 jobs, a significant share of the need is for housing affordable to Extremely Low, Very Low, Low and Moderate Income levels. The Non-Residential Nexus Study concludes that for every 100,000 square feet of new retail/commercial space, 75.8 incremental affordable units are needed. Similarly, for office, 80.0 affordable units are needed per 100,000 square feet of space developed, 62.5 for Industrial, 18.2 for Warehouse, and 25.9 for Research and Development. E. Determine how there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed. (66001(b)). There is a reasonable relationship between the amount of the fee and the cost of the needed affordable housing attributable to the new non-residential development. The nexus analysis has quantified the increased need for affordable units in relation to each type of new non- residential use being developed and determined maximum fee levels based on the cost of providing the needed affordable housing. Costs reflect the net subsidy required to produce the affordable units based on recent cost information for development of affordable housing in Rancho Cucamonga. Non-Residential Linkage Fees do not exceed the cost of providing the affordable housing that is attributable to the new development. F. A fee shall not include the costs attributable to existing deficiencies in public facilities (66001(g)). The nexus analysis quantifies only the net new affordable housing needs generated by new non-residential development in Rancho Cucamonga. Existing deficiencies with respect to housing conditions in Rancho Cucamonga are not considered nor in any way included in the analysis. Page 474 APPENDIX A NON-RESIDENTIAL NEXUS STUDY RANCHO CUCAMONGA, CALIFORNIA Page 475 APPENDIX A - TABLE 1 NET NEW HOUSEHOLDS AND OCCUPATION DISTRIBUTION BY BUILDING TYPE NON-RESIDENTIAL NEXUS STUDY RANCHO CUCAMONGA, CALIFORNIA Per 100,000 SF of Building Retail / Commercial Office Industrial Warehouse Research and Development Step 1 - Estimate of Number of Employees Employment Density (SF/Employee)500 300 500 2,000 500 Number of Employees (100,000 SF Building)200 333 200 50 200 180 300 180 45 180 Step 3 - Adjustment for Number of Households (1.84)98.1 163.5 98.1 24.5 98.1 Step 4 - Percent of Jobs by Occupation (1) Management Occupations 2.8%9.3%6.3%2.4%17.4% Business and Financial Operations 0.7%13.4%4.3%2.1%10.7% Computer and Mathematical 0.1%7.6%2.1%0.6%12.9% Architecture and Engineering 0.0%3.5%3.7%0.2%13.9% Life, Physical, and Social Science 0.0%1.0%0.6%0.1%25.5% Community and Social Services 0.0%0.9%0.0%0.0%0.2% Legal 0.0%2.1%0.1%0.0%0.6% Education, Training, and Library 0.0%0.3%0.0%0.0%0.3% Arts, Design, Entertainment, Sports, and Media 0.4%1.7%0.7%0.1%1.2% Healthcare Practitioners and Technical 1.8%11.3%0.1%0.0%2.5% Healthcare Support 0.3%6.5%0.0%0.0%0.9% Protective Service 0.3%0.8%0.1%0.7%0.4% Food Preparation and Serving Related 39.9%0.5%0.7%0.0%0.1% Building and Grounds Cleaning and Maint.0.4%1.0%0.4%0.7%0.3% Personal Care and Service 2.8%0.8%0.0%0.0%0.2% Sales and Related 30.9%6.5%10.5%1.1%1.7% Office and Administrative Support 4.9%27.0%12.1%12.4%7.4% Farming, Fishing, and Forestry 0.0%0.0%0.1%0.0%0.2% Construction and Extraction 0.1%0.5%1.4%0.1%0.3% Installation, Maintenance, and Repair 3.1%3.3%11.4%2.6%1.0% Production 2.0%0.9%30.4%1.9%1.8% Transportation and Material Moving 9.4%1.3%15.2%74.9%0.5% Totals 100.0%100.0%100.0%100.0%100.0% Step 2 - Net New Employees after Declining Industries Adjustment (10%) Prepared by: Keyser Marston Associates, Inc. Filename: Rancho Cucamonga Non-Res Nexus_10 5 21.xlsm; 1 Households; trb Page 476 APPENDIX A - TABLE 1 NET NEW HOUSEHOLDS AND OCCUPATION DISTRIBUTION BY BUILDING TYPE NON-RESIDENTIAL NEXUS STUDY RANCHO CUCAMONGA, CALIFORNIA Per 100,000 SF of Building Retail / Commercial Office Industrial Warehouse Research and Development APPENDIX A - TABLE 1, PAGE 2 Step 4 - Number of Jobs by Occupation(1) Management Occupations 2.7 15.1 6.2 0.6 17.1 Business and Financial Operations 0.7 21.9 4.2 0.5 10.5 Computer and Mathematical 0.1 12.4 2.1 0.2 12.6 Architecture and Engineering 0.0 5.8 3.6 0.0 13.7 Life, Physical, and Social Science 0.0 1.6 0.6 0.0 25.0 Community and Social Services 0.0 1.4 0.0 0.0 0.2 Legal 0.0 3.5 0.0 0.0 0.6 Education, Training, and Library 0.0 0.5 0.0 0.0 0.3 Arts, Design, Entertainment, Sports, and Media 0.4 2.7 0.7 0.0 1.1 Healthcare Practitioners and Technical 1.7 18.5 0.1 0.0 2.5 Healthcare Support 0.3 10.6 0.0 0.0 0.9 Protective Service 0.3 1.3 0.1 0.2 0.4 Food Preparation and Serving Related 39.1 0.8 0.6 0.0 0.1 Building and Grounds Cleaning and Maint.0.4 1.6 0.4 0.2 0.3 Personal Care and Service 2.7 1.3 0.0 0.0 0.2 Sales and Related 30.3 10.7 10.3 0.3 1.7 Office and Administrative Support 4.8 44.1 11.8 3.0 7.3 Farming, Fishing, and Forestry 0.0 0.0 0.1 0.0 0.2 Construction and Extraction 0.1 0.8 1.4 0.0 0.2 Installation, Maintenance, and Repair 3.0 5.3 11.2 0.6 1.0 Production 2.0 1.4 29.8 0.5 1.8 Transportation and Material Moving 9.2 2.2 14.9 18.4 0.5 Totals 98.1 163.5 98.1 24.5 98.1 Notes: (1) Appendices B - F contain additional information regarding worker occupation categories. Prepared by: Keyser Marston Associates, Inc. Filename: Rancho Cucamonga Non-Res Nexus_10 5 21.xlsm; 1 Households; trb Page 477 APPENDIX A - TABLE 2A ESTIMATE OF QUALIFYING HOUSEHOLDS - EXTREMELY LOW INCOME NON-RESIDENTIAL NEXUS STUDY RANCHO CUCAMONGA, CALIFORNIA Analysis for Households Earning up to 30% of Median Retail / Commercial Office Industrial Warehouse Research and Development Per 100,000 SF Building Households Earning up to 30% of Median (Step 5, 6, & 7) (1) Management 0.02 0.02 - - - Business and Financial Operations - 0.33 0.07 0.01 0.16 Computer and Mathematical - 0.07 0.01 - 0.03 Architecture and Engineering - 0.06 0.00 - 0.00 Life, Physical and Social Science - - - - 0.13 Community and Social Services - - - - - Legal - 0.04 - - - Education Training and Library - - - - - Arts, Design, Entertainment, Sports, and Media - - - - - Healthcare Practitioners and Technical - 0.04 - - 0.02 Healthcare Support - 0.16 - - - Protective Service - - - - - Food Preparation and Serving Related 2.34 - - - - Building Grounds and Maintenance - - - - - Personal Care and Service 0.12 - - - - Sales and Related 1.17 0.30 0.20 - - Office and Admin 0.09 0.76 0.21 0.05 0.12 Farm, Fishing, and Forestry - - - - - Construction and Extraction - - - - - Installation Maintenance and Repair 0.03 0.07 0.15 0.00 - Production 0.08 - 0.79 - - Transportation and Material Moving 0.33 - 0.49 0.55 - HH earning up to 30% of Median - major occupations 4.18 1.84 1.93 0.62 0.46 HH earning up to 30% of Median - all other occupations 0.19 0.19 0.08 0.04 0.05 Total Households Earning up to 30% of Median 4.4 2.0 2.0 0.7 0.5 Notes: (1) Appendices B - F contain additional information on worker occupation categories, compensation levels and estimated household incomes. Prepared by: Keyser Marston Associates, Inc. Filename: Rancho Cucamonga Non-Res Nexus_10 5 21.xlsm; 2A ELI; trb Page 478 APPENDIX A - TABLE 2B ESTIMATE OF QUALIFYING HOUSEHOLDS - VERY LOW INCOME NON-RESIDENTIAL NEXUS STUDY RANCHO CUCAMONGA, CALIFORNIA Analysis for Households Earning 30% to 50% of Median Retail / Commercial Office Industrial Warehouse Research and Development Per 100,000 SF Building Households Earning 30% to 50% of Median (Step 5, 6, & 7) (1) Management 0.05 0.06 - - - Business and Financial Operations - 0.90 0.20 0.02 0.48 Computer and Mathematical - 0.19 0.04 - 0.07 Architecture and Engineering - 0.22 0.01 - 0.02 Life, Physical and Social Science - - - - 0.31 Community and Social Services - - - - - Legal - 0.10 - - - Education Training and Library - - - - - Arts, Design, Entertainment, Sports, and Media - - - - - Healthcare Practitioners and Technical - 0.22 - - 0.08 Healthcare Support - 1.25 - - - Protective Service - - - - - Food Preparation and Serving Related 9.88 - - - - Building Grounds and Maintenance - - - - - Personal Care and Service 0.59 - - - - Sales and Related 6.19 1.30 0.86 - - Office and Admin 0.58 4.78 1.33 0.35 0.59 Farm, Fishing, and Forestry - - - - - Construction and Extraction - - - - - Installation Maintenance and Repair 0.25 0.36 0.75 0.04 - Production 0.37 - 4.31 - - Transportation and Material Moving 1.68 - 2.41 2.99 - HH earning 30% to 50% of Median - major occupations 19.58 9.38 9.91 3.39 1.56 HH earning 30% to 50% of Median - all other occupations 0.87 0.99 0.42 0.20 0.17 Total Households Earning 30% to 50% of Median 20.5 10.4 10.3 3.6 1.7 Notes: (1) Appendices B - F contain additional information on worker occupation categories, compensation levels and estimated household incomes. Prepared by: Keyser Marston Associates, Inc. Filename: Rancho Cucamonga Non-Res Nexus_10 5 21.xlsm; 2B VL; trb Page 479 APPENDIX A - TABLE 2C ESTIMATE OF QUALIFYING HOUSEHOLDS - LOW INCOME NON-RESIDENTIAL NEXUS STUDY RANCHO CUCAMONGA, CALIFORNIA Analysis for Households Earning 50% to 80% of Median Retail / Commercial Office Industrial Warehouse Research and Development Per 100,000 SF Building Households Earning 50% to 80% of Median (Step 5, 6, & 7) (1) Management 0.28 0.50 0.16 0.02 0.17 Business and Financial Operations - 3.12 0.67 0.07 1.51 Computer and Mathematical - 0.76 0.15 - 0.37 Architecture and Engineering - 0.50 0.13 - 0.25 Life, Physical and Social Science - - - - 1.00 Community and Social Services - - - - - Legal - 0.36 - - - Education Training and Library - - - - - Arts, Design, Entertainment, Sports, and Media - - - - - Healthcare Practitioners and Technical - 0.85 - - 0.35 Healthcare Support - 4.18 - - - Protective Service - - - - - Food Preparation and Serving Related 12.09 - - - - Building Grounds and Maintenance - - - - - Personal Care and Service 0.94 - - - - Sales and Related 10.65 2.68 2.23 - - Office and Admin 1.75 15.73 4.30 1.16 2.21 Farm, Fishing, and Forestry - - - - - Construction and Extraction - - - - - Installation Maintenance and Repair 0.84 1.34 2.60 0.17 - Production 0.72 - 10.83 - - Transportation and Material Moving 3.29 - 5.24 6.97 - HH earning 50% to 80% of Median - major occupations 30.56 30.01 26.30 8.38 5.86 HH earning 50% to 80% of Median - all other occupations 1.36 3.17 1.12 0.50 0.62 Total Households Earning 50% to 80% of Median 31.9 33.2 27.4 8.9 6.5 Notes: (1) Appendices B - F contain additional information on worker occupation categories, compensation levels and estimated household incomes. Prepared by: Keyser Marston Associates, Inc. Filename: Rancho Cucamonga Non-Res Nexus_10 5 21.xlsm; 2C Low; trb Page 480 APPENDIX A - TABLE 2D ESTIMATE OF QUALIFYING HOUSEHOLDS - MODERATE INCOME NON-RESIDENTIAL NEXUS STUDY RANCHO CUCAMONGA, CALIFORNIA Analysis for Households Earning 80% to 120% of Median Retail / Commercial Office Industrial Warehouse Research and Development Per 100,000 SF Building Households Earning 80% to 120% of Median (Step 5, 6, & 7) (1) Management 0.62 2.21 0.95 0.10 1.40 Business and Financial Operations - 5.99 1.20 0.15 2.88 Computer and Mathematical - 2.43 0.43 - 2.18 Architecture and Engineering - 1.12 0.80 - 2.30 Life, Physical and Social Science - - - - 4.31 Community and Social Services - - - - - Legal - 0.53 - - - Education Training and Library - - - - - Arts, Design, Entertainment, Sports, and Media - - - - - Healthcare Practitioners and Technical - 1.55 - - 0.43 Healthcare Support - 2.30 - - - Protective Service - - - - - Food Preparation and Serving Related 7.13 - - - - Building Grounds and Maintenance - - - - - Personal Care and Service 0.50 - - - - Sales and Related 5.80 2.59 2.46 - - Office and Admin 1.15 10.84 2.83 0.68 2.00 Farm, Fishing, and Forestry - - - - - Construction and Extraction - - - - - Installation Maintenance and Repair 0.81 1.55 3.34 0.18 - Production 0.37 - 6.53 - - Transportation and Material Moving 1.83 - 3.25 3.66 - HH earning 80% to 120% of Median - major occupations 18.21 31.12 21.80 4.76 15.51 HH earning 80% to 120% of Median - all other occupations 0.81 3.29 0.93 0.29 1.64 Total Households Earning 80% to 120% of Median 19.0 34.4 22.7 5.0 17.2 Notes: (1) Appendices B - F contain additional information on worker occupation categories, compensation levels and estimated household incomes. Prepared by: Keyser Marston Associates, Inc. Filename: Rancho Cucamonga Non-Res Nexus_10 5 21.xlsm; 2d mod; trb Page 481 APPENDIX A - TABLE 3 WORKER HOUSEHOLDS BY AFFORDABILITY LEVEL NON-RESIDENTIAL NEXUS STUDY RANCHO CUCAMONGA, CALIFORNIA Per 100,000 S.F. Building Retail / Commercial Office Industrial Warehouse Research and Development NUMBER OF HOUSEHOLDS BY INCOME TIER (1) Up to 30% Median Income 4.4 2.0 2.0 0.7 0.5 30% to 50% Median Income 20.5 10.4 10.3 3.6 1.7 50% to 80% Median Income 31.9 33.2 27.4 8.9 6.5 80% to 120% Median Income 19.0 34.4 22.7 5.0 17.2 Subtotal to 120% of Median 75.8 80.0 62.5 18.2 25.9 Above 120% of Median 22.3 83.5 35.6 6.3 72.2 Total New Worker Households 98.1 163.5 98.1 24.5 98.1 PERCENTAGE OF HOUSEHOLDS BY INCOME TIER Up to 30% Median Income 4.5%1.2%2.0%2.7%0.5% 30% to 50% Median Income 20.9%6.3%10.5%14.7%1.8% 50% to 80% Median Income 32.5%20.3%28.0%36.2%6.6% 80% to 120% Median Income 19.4%21.0%23.2%20.6%17.5% Subtotal to 120% of Median 77.2%48.9%63.7%74.1%26.4% Above 120% of Median 22.8%51.1%36.3%25.9%73.6% Total 100%100%100%100%100% Notes: (1) See Appendices B - G for information regarding worker compensation levels and estimated household incomes. Prepared by: Keyser Marston Associates, Inc. Filename: Rancho Cucamonga Non-Res Nexus_10 5 21.xlsm; AFF SUM; trb Page 482 APPENDIX A - TABLE 4 HOUSING DEMAND NEXUS FACTORS PER SQ.FT. OF BUILDING AREA NON-RESIDENTIAL NEXUS STUDY RANCHO CUCAMONGA, CALIFORNIA Retail / Commercial Office Industrial Warehouse Research and Development Up to 30% Median Income 0.00004369 0.00002040 0.00002010 0.00000655 0.00000511 30% to 50% Median Income 0.00020451 0.00010370 0.00010336 0.00003598 0.00001724 50% to 80% Median Income 0.00031916 0.00033179 0.00027427 0.00008881 0.00006482 80% to 120% Median Income 0.00019019 0.00034409 0.00022727 0.00005048 0.00017151 Total 0.00075755 0.00079999 0.00062499 0.00018181 0.00025868 Notes: (1)Calculated by dividing number of household in Table 3 by 100,000 square feet to convert to households per square foot of building. Number of Housing Units per Square Foot of Building Area(1) Prepared by: Keyser Marston Associates, Inc. Filename: Rancho Cucamonga Non-Res Nexus_10 5 21.xlsm; Demand; trb Page 483 APPENDIX A - TABLE 5 TOTAL HOUSING NEXUS COST NON-RESIDENTIAL NEXUS STUDY RANCHO CUCAMONGA, CALIFORNIA INCOME CATEGORY Retail / Commercial Office Industrial Warehouse Research and Development Up to 30% Median Income $272,700 $11.90 $5.60 $5.50 $1.80 $1.40 30% to 50% Median Income $219,300 $44.80 $22.70 $22.70 $7.90 $3.80 50% to 80% Median Income $192,600 $61.50 $63.90 $52.80 $17.10 $12.50 80% to 120% Median Income $205,600 $39.10 $70.70 $46.70 $10.40 $35.30 $157.30 $162.90 $127.70 $37.20 $53.00 Notes: 2 Calculated by multiplying housing demand factors from Table 4 by the affordability gap per unit estimated in Appendix H. 1 See Appendix H for supporting analysis. Total Mitigation Cost / Maximum Supported Fee Affordability Gap Per Unit 1 Nexus Cost Per Sq.Ft. of Building Area2 Prepared by: Keyser Marston Associates, Inc. Filename: Rancho Cucamonga Non-Res Nexus_10 5 21.xlsm; MAX FEE; trb Page 484 APPENDICES B - F OCCUPATION AND COMPENSATION TABLES NON-RESIDENTIAL NEXUS STUDY RANCHO CUCAMONGA, CALIFORNIA Page 485 APPENDIX B - TABLE 1 ESTIMATED WORKER OCCUPATION DISTRIBUTION, 2020 RETAIL/COMMERCIAL WORKERS NON-RESIDENTIAL NEXUS STUDY CITY OF RANCHO CUCAMONGA Worker Occupation Distribution Retail Major Occupations (2% or more) Management Occupations 2.8% Food Preparation and Serving Related Occupations 39.9% Personal Care and Service Occupations 2.8% Sales and Related Occupations 30.9% Office and Administrative Support Occupations 4.9% Installation, Maintenance, and Repair Occupations 3.1% Production Occupations 2.0% Transportation and Material Moving Occupations 9.4% 4.3% TOTAL 100.0% All Other Worker Occupations - Retail Source: Bureau of Labor Statistics Keyser Marston Associates, Inc. Rancho Cucamonga Land Use Files_10 5 21.xlsm; trb Page 486 APPENDIX B - TABLE 2 AVERAGE ANNUAL WORKER COMPENSATION AND ESTIMATED HOUSEHOLD INCOME, 2021 RETAIL/COMMERCIAL WORKER OCCUPATIONS NON-RESIDENTIAL NEXUS STUDY CITY OF RANCHO CUCAMONGA 2021 Avg.% of Total % of Total Worker One Two Three+Occupation Retail Occupation 3 Compensation1 Worker Workers Workers Group 2 Workers Page 1 of 2 Management Occupations General and Operations Managers $120,600 $128,000 $184,000 $195,000 55.3%1.5% Sales Managers $121,300 $129,000 $185,000 $196,000 9.6%0.3% Food Service Managers $57,400 $65,000 $110,000 $128,000 24.5%0.7% Other Management Occupations $103,300 $110,000 $158,000 $167,000 10.5%0.3% Weighted Mean Annual Wage $103,300 $111,000 $163,000 $176,000 100.0%2.8% Food Preparation and Serving Related Occupations First-Line Supervisors of Food Preparation and Serving Workers $42,500 $50,000 $87,000 $107,000 8.2%3.3% Cooks, Fast Food $30,000 $38,000 $70,000 $91,000 6.1%2.4% Cooks, Restaurant $32,600 $41,000 $76,000 $99,000 11.0%4.4% Food Preparation Workers $31,400 $39,000 $73,000 $96,000 6.4%2.6% Bartenders $30,800 $39,000 $72,000 $94,000 3.2%1.3% Fast Food and Counter Workers $31,700 $40,000 $74,000 $96,000 34.1%13.6% Waiters and Waitresses $30,500 $38,000 $71,000 $93,000 18.6%7.4% Dining Room and Cafeteria Attendants and Bartender Helpers $30,000 $38,000 $70,000 $91,000 2.7%1.1% Dishwashers $29,800 $39,000 $76,000 $106,000 3.5%1.4% Hosts and Hostesses, Restaurant, Lounge, and Coffee Shop $30,000 $38,000 $70,000 $91,000 3.2%1.3% Other Food Preparation and Serving Related Occupations $32,200 $40,000 $75,000 $98,000 2.9%1.2% Weighted Mean Annual Wage $32,200 $40,000 $74,000 $96,000 100.0%39.9% Personal Care and Service Occupations Supervisors of Personal Service and Entertainment and Rec Workers $48,700 $57,000 $100,000 $122,000 6.0%0.2% Animal Caretakers $33,200 $42,000 $77,000 $101,000 8.3%0.2% Amusement and Recreation Attendants $31,200 $39,000 $72,000 $95,000 2.4%0.1% Funeral Attendants $38,800 $49,000 $90,000 $118,000 2.7%0.1% Morticians, Undertakers, and Funeral Arrangers $56,400 $64,000 $109,000 $126,000 2.1%0.1% Barbers $33,700 $42,000 $78,000 $103,000 2.0%0.1% Hairdressers, Hairstylists, and Cosmetologists $33,700 $42,000 $78,000 $103,000 38.5%1.1% Manicurists and Pedicurists $30,000 $38,000 $70,000 $91,000 9.8%0.3% Skincare Specialists $38,200 $48,000 $89,000 $116,000 4.8%0.1% Exercise Trainers and Group Fitness Instructors $44,500 $52,000 $91,000 $112,000 4.7%0.1% Other Personal Care and Service Occupations $35,900 $45,000 $83,000 $109,000 18.7%0.5% Weighted Mean Annual Wage $35,900 $44,000 $81,000 $106,000 100.0%2.8% Sales and Related Occupations First-Line Supervisors of Retail Sales Workers $53,900 $61,000 $104,000 $121,000 11.9%3.7% Cashiers $32,800 $41,000 $76,000 $100,000 34.9%10.8% Counter and Rental Clerks $41,600 $49,000 $85,000 $104,000 2.4%0.7% Parts Salespersons $41,700 $49,000 $85,000 $105,000 2.7%0.8% Retail Salespersons $35,500 $45,000 $82,000 $108,000 44.1%13.7% Other Sales and Related Occupations $37,100 $47,000 $86,000 $113,000 4.0%1.2% Weighted Mean Annual Wage $37,100 $46,000 $83,000 $107,000 100.0%30.9% Household Income Estimate 4 Sources: U.S. Bureau of Labor Statistics, California Employment Development Department Keyser Marston Associates, Inc. Rancho Cucamonga Land Use Files_10 5 21.xlsm; trb Page 487 APPENDIX B - TABLE 2 AVERAGE ANNUAL WORKER COMPENSATION AND ESTIMATED HOUSEHOLD INCOME, 2021 RETAIL/COMMERCIAL WORKER OCCUPATIONS NON-RESIDENTIAL NEXUS STUDY CITY OF RANCHO CUCAMONGA 2021 Avg.% of Total % of Total Worker One Two Three+Occupation Retail Occupation 3 Compensation1 Worker Workers Workers Group 2 Workers Household Income Estimate 4 Page 2 of 2 Office and Administrative Support Occupations First-Line Supervisors of Office and Admin Support Workers $63,300 $71,000 $110,000 $125,000 7.8%0.4% Bookkeeping, Accounting, and Auditing Clerks $47,800 $56,000 $98,000 $120,000 11.3%0.6% Customer Service Representatives $42,000 $49,000 $86,000 $105,000 27.9%1.4% Receptionists and Information Clerks $33,900 $43,000 $79,000 $103,000 7.9%0.4% Shipping, Receiving, and Inventory Clerks $37,900 $48,000 $88,000 $115,000 9.0%0.4% Secretaries and Admin Assistants, Except Legal, Medical $44,800 $53,000 $92,000 $112,000 5.9%0.3% Office Clerks, General $40,000 $47,000 $82,000 $100,000 16.5%0.8% Other Office and Administrative Support Occupations $43,300 $51,000 $89,000 $109,000 13.8%0.7% Weighted Mean Annual Wage $43,300 $51,000 $89,000 $109,000 100.0%4.9% Installation, Maintenance, and Repair Occupations First-Line Supervisors of Mechanics, Installers, and Repairers $84,900 $91,000 $138,000 $153,000 7.9%0.2% Computer, Automated Teller, and Office Machine Repairers $43,800 $51,000 $90,000 $110,000 2.8%0.1% Automotive Body and Related Repairers $46,500 $55,000 $95,000 $117,000 3.5%0.1% Automotive Service Technicians and Mechanics $51,200 $58,000 $99,000 $115,000 41.2%1.3% Tire Repairers and Changers $34,200 $43,000 $79,000 $104,000 11.7%0.4% Maintenance and Repair Workers, General $48,800 $57,000 $100,000 $123,000 7.8%0.2% Installation, Maintenance, and Repair Workers, All Other $44,200 $52,000 $90,000 $111,000 2.6%0.1% Other Installation, Maintenance, and Repair Occupations $51,100 $58,000 $98,000 $114,000 22.5%0.7% Weighted Mean Annual Wage $51,100 $58,000 $99,000 $117,000 100.0%3.1% Production Occupations First-Line Supervisors of Production and Operating Workers $69,300 $78,000 $121,000 $136,000 6.8%0.1% Miscellaneous Assemblers and Fabricators $33,800 $42,000 $78,000 $103,000 3.8%0.1% Bakers $34,400 $43,000 $80,000 $105,000 17.1%0.3% Butchers and Meat Cutters $38,400 $48,000 $89,000 $117,000 20.7%0.4% Meat, Poultry, and Fish Cutters and Trimmers $30,800 $39,000 $72,000 $94,000 2.8%0.1% Food Batchmakers $36,000 $45,000 $84,000 $110,000 2.2%0.0% Laundry and Dry-Cleaning Workers $31,400 $39,000 $73,000 $96,000 17.6%0.4% Pressers, Textile, Garment, and Related Materials $30,600 $38,000 $71,000 $93,000 5.5%0.1% Tailors, Dressmakers, and Custom Sewers $37,400 $47,000 $87,000 $114,000 3.5%0.1% Inspectors, Testers, Sorters, Samplers, and Weighers $43,100 $51,000 $88,000 $108,000 2.6%0.1% Other Production Occupations $37,700 $47,000 $88,000 $115,000 17.5%0.4% Weighted Mean Annual Wage $37,700 $46,000 $85,000 $109,000 100.0%2.0% Transportation and Material Moving Occupations First-Line Supervisors of Transportation & Material Moving Workers $61,800 $69,000 $108,000 $122,000 3.0%0.3% Driver/Sales Workers $38,000 $48,000 $88,000 $116,000 11.7%1.1% Light Truck Drivers $47,800 $56,000 $98,000 $120,000 10.6%1.0% Automotive and Watercraft Service Attendants $35,000 $44,000 $81,000 $106,000 2.0%0.2% Cleaners of Vehicles and Equipment $32,700 $41,000 $76,000 $99,000 4.8%0.5% Laborers and Freight, Stock, and Material Movers, Hand $36,500 $46,000 $85,000 $111,000 8.7%0.8% Packers and Packagers, Hand $30,500 $38,000 $71,000 $93,000 4.2%0.4% Stockers and Order Fillers $35,200 $44,000 $82,000 $107,000 46.6%4.4% Other Transportation and Material Moving Occupations $37,700 $47,000 $88,000 $115,000 8.3%0.8% Weighted Mean Annual Wage $37,700 $47,000 $85,000 $110,000 100.0%9.4% 95.7% Sources: U.S. Bureau of Labor Statistics, California Employment Development Department Keyser Marston Associates, Inc. Rancho Cucamonga Land Use Files_10 5 21.xlsm; trb Page 488 APPENDIX B - TABLE 2 AVERAGE ANNUAL WORKER COMPENSATION AND ESTIMATED HOUSEHOLD INCOME, 2021 RETAIL/COMMERCIAL WORKER OCCUPATIONS NON-RESIDENTIAL NEXUS STUDY CITY OF RANCHO CUCAMONGA 2021 Avg.% of Total % of Total Worker One Two Three+Occupation Retail Occupation 3 Compensation1 Worker Workers Workers Group 2 Workers Household Income Estimate 4 1 2 3 Including occupations representing 2% or more of the major occupation group. 4 The methodology utilized by the California Employment Development Department (EDD) assumes hourly paid employees are employed full-time. EDD data is adjusted by KMA to reflect the State minimum wage. Annual compensation is calculated by EDD by multiplying hourly wages by 40 hours per work week by 52 weeks. Occupation percentages are based on the 2020 National Industry - Specific Occupational Employment Survey compiled by the Bureau of Labor Statistics. Wages are based on Occupational Employment Survey data applicable to San Bernardino County as of 2020 and are adjusted by EDD to the first quarter of 2021. Household income estimated based average worker compensation and ratios between employee income and household income identified in Appendix G - Table 1. Sources: U.S. Bureau of Labor Statistics, California Employment Development Department Keyser Marston Associates, Inc. Rancho Cucamonga Land Use Files_10 5 21.xlsm; trb Page 489 APPENDIX C - TABLE 1 ESTIMATED WORKER OCCUPATION DISTRIBUTION, 2020 OFFICE WORKERS NON-RESIDENTIAL NEXUS STUDY CITY OF RANCHO CUCAMONGA Worker Occupation Distribution Office Major Occupations (2% or more) Management Occupations 9.3% Business and Financial Operations Occupations 13.4% Computer and Mathematical Occupations 7.6% Architecture and Engineering Occupations 3.5% Legal Occupations 2.1% Healthcare Practitioners and Technical Occupations 11.3% Healthcare Support Occupations 6.5% Sales and Related Occupations 6.5% Office and Administrative Support Occupations 27.0% Installation, Maintenance, and Repair Occupations 3.3% 9.6% TOTAL 100.0% All Other Worker Occupations - Office Source: Bureau of Labor Statistics Keyser Marston Associates, Inc. Rancho Cucamonga Land Use Files_10 5 21.xlsm; trb Page 490 APPENDIX C - TABLE 2 AVERAGE ANNUAL WORKER COMPENSATION AND ESTIMATED HOUSEHOLD INCOME, 2021 OFFICE WORKER OCCUPATIONS NON-RESIDENTIAL NEXUS STUDY CITY OF RANCHO CUCAMONGA 2021 Avg.% of Total % of Total Worker One Two Three+Occupation Office Occupation 3 Compensation1 Worker Workers Workers Group 2 Workers Page 1 of 4 Management Occupations Chief Executives $206,700 $219,000 $278,000 $285,000 2.9%0.3% General and Operations Managers $120,600 $128,000 $184,000 $195,000 26.6%2.5% Marketing Managers $132,100 $142,000 $191,000 $199,000 5.1%0.5% Sales Managers $121,300 $129,000 $185,000 $196,000 4.3%0.4% Administrative Services and Facilities Managers $105,100 $112,000 $161,000 $170,000 4.0%0.4% Computer and Information Systems Managers $141,200 $152,000 $204,000 $213,000 8.6%0.8% Financial Managers $131,300 $141,000 $190,000 $198,000 13.7%1.3% Human Resources Managers $121,800 $130,000 $186,000 $197,000 2.5%0.2% Architectural and Engineering Managers $163,300 $173,000 $219,000 $225,000 3.0%0.3% Medical and Health Services Managers $131,400 $141,000 $190,000 $198,000 5.4%0.5% Property, Real Estate, and Community Association Managers $77,800 $87,000 $136,000 $153,000 10.3%1.0% Personal Service Managers; Entertainment and Recr Managers $119,600 $127,000 $183,000 $193,000 5.5%0.5% Other Management Occupations $124,000 $132,000 $189,000 $200,000 8.2%0.8% Weighted Mean Annual Wage $124,000 $133,000 $186,000 $196,000 100.0%9.3% Business and Financial Operations Occupations Buyers and Purchasing Agents $63,500 $71,000 $111,000 $125,000 2.2%0.3% Claims Adjusters, Examiners, and Investigators $81,600 $87,000 $133,000 $147,000 4.4%0.6% Compliance Officers $76,700 $86,000 $134,000 $151,000 2.5%0.3% Human Resources Specialists $68,700 $77,000 $120,000 $135,000 6.0%0.8% Management Analysts $87,700 $94,000 $143,000 $158,000 10.7%1.4% Training and Development Specialists $70,400 $79,000 $123,000 $139,000 3.0%0.4% Market Research Analysts and Marketing Specialists $56,600 $65,000 $109,000 $127,000 9.4%1.3% Project Management and Business Operations Specialists $74,300 $83,000 $130,000 $146,000 14.1%1.9% Accountants and Auditors $76,200 $85,000 $133,000 $150,000 19.2%2.6% Loan Officers $81,600 $87,000 $133,000 $147,000 6.6%0.9% Financial and Investment Analysts $79,600 $89,000 $139,000 $157,000 5.7%0.8% Other Business and Financial Operations Occupations $75,000 $84,000 $131,000 $148,000 16.3%2.2% Weighted Mean Annual Wage $75,000 $83,000 $130,000 $146,000 100.0%13.4% Computer and Mathematical Occupations Computer Systems Analysts $92,000 $98,000 $150,000 $166,000 13.4%1.0% Information Security Analysts $125,000 $134,000 $181,000 $189,000 3.7%0.3% Computer Network Support Specialists $65,500 $73,000 $114,000 $129,000 4.2%0.3% Computer User Support Specialists $63,000 $71,000 $110,000 $124,000 12.3%0.9% Computer Network Architects $117,900 $126,000 $180,000 $190,000 4.1%0.3% Network and Computer Systems Administrators $91,800 $98,000 $149,000 $165,000 7.3%0.6% Database Administrators and Architects $103,500 $110,000 $158,000 $167,000 2.9%0.2% Computer Programmers $92,500 $99,000 $150,000 $167,000 3.9%0.3% Software Developers and Software Quality Assurance Analysts $104,600 $111,000 $160,000 $169,000 32.6%2.5% Web Developers and Digital Interface Designers $69,400 $78,000 $121,000 $137,000 3.3%0.2% Computer Occupations, All Other $83,000 $89,000 $135,000 $149,000 6.6%0.5% Operations Research Analysts $92,800 $99,000 $151,000 $167,000 2.0%0.2% Other Computer and Mathematical Occupations $92,800 $99,000 $151,000 $167,000 3.7%0.3% Weighted Mean Annual Wage $92,800 $100,000 $147,000 $160,000 100.0%7.6% Household Income Estimate 4 Sources: U.S. Bureau of Labor Statistics, California Employment Development Department Keyser Marston Associates, Inc. Rancho Cucamonga Land Use Files_10 5 21.xlsm; trb Page 491 APPENDIX C - TABLE 2 AVERAGE ANNUAL WORKER COMPENSATION AND ESTIMATED HOUSEHOLD INCOME, 2021 OFFICE WORKER OCCUPATIONS NON-RESIDENTIAL NEXUS STUDY CITY OF RANCHO CUCAMONGA 2021 Avg.% of Total % of Total Worker One Two Three+Occupation Office Occupation 3 Compensation1 Worker Workers Workers Group 2 Workers Household Income Estimate 4 Page 2 of 4 Architecture and Engineering Occupations Architects, Except Landscape and Naval $29,100 $38,000 $74,000 $104,000 10.2%0.4% Surveyors $96,300 $103,000 $156,000 $173,000 3.7%0.1% Civil Engineers $116,700 $124,000 $178,000 $188,000 18.9%0.7% Electrical Engineers $102,300 $109,000 $156,000 $165,000 6.3%0.2% Electronics Engineers, Except Computer $117,600 $125,000 $180,000 $190,000 4.5%0.2% Environmental Engineers $106,000 $113,000 $162,000 $171,000 2.7%0.1% Industrial Engineers $84,000 $90,000 $137,000 $151,000 4.0%0.1% Mechanical Engineers $92,600 $99,000 $150,000 $167,000 8.9%0.3% Engineers, All Other $99,600 $106,000 $162,000 $179,000 4.1%0.1% Architectural and Civil Drafters $57,400 $65,000 $110,000 $128,000 8.4%0.3% Civil Engineering Technologists and Technicians $63,900 $72,000 $111,000 $126,000 3.6%0.1% Electrical and Electronic Engineering Technologists $76,700 $86,000 $134,000 $151,000 2.6%0.1% Surveying and Mapping Technicians $57,600 $66,000 $111,000 $129,000 4.0%0.1% Calibration and Engineering Technologists, Technicians $81,600 $87,000 $133,000 $147,000 2.3%0.1% Other Architecture and Engineering Occupations $85,700 $91,000 $139,000 $154,000 15.9%0.6% Weighted Mean Annual Wage $85,700 $93,000 $141,000 $156,000 100.0%3.5% Legal Occupations Lawyers $168,500 $179,000 $226,000 $232,000 57.8%1.2% Paralegals and Legal Assistants $62,400 $70,000 $109,000 $123,000 33.6%0.7% Title Examiners, Abstractors, and Searchers $55,400 $63,000 $107,000 $124,000 6.0%0.1% Legal Support Workers, All Other $57,300 $65,000 $110,000 $128,000 2.0%0.0% Other Legal Occupations $123,500 $132,000 $189,000 $199,000 0.6%0.0% Weighted Mean Annual Wage $123,500 $133,000 $177,000 $187,000 100.0%2.1% Healthcare Practitioners and Technical Occupations Dentists, General $179,900 $191,000 $242,000 $248,000 6.6%0.7% Physician Assistants $142,100 $153,000 $206,000 $215,000 3.5%0.4% Physical Therapists $105,800 $113,000 $162,000 $171,000 3.7%0.4% Veterinarians $144,400 $155,000 $209,000 $218,000 2.1%0.2% Registered Nurses $112,100 $119,000 $171,000 $181,000 11.9%1.3% Nurse Practitioners $149,000 $160,000 $216,000 $225,000 5.4%0.6% Family Medicine Physicians $263,600 $277,000 $316,000 $328,000 3.4%0.4% Physicians, All Other; and Ophthalmologists, Except Pediatric $216,300 $230,000 $290,000 $298,000 9.2%1.0% Dental Hygienists $114,300 $122,000 $175,000 $184,000 13.9%1.6% Radiologic Technologists and Technicians $86,300 $92,000 $140,000 $155,000 2.1%0.2% Veterinary Technologists and Technicians $39,600 $50,000 $92,000 $120,000 3.2%0.4% Ophthalmic Medical Technicians $43,000 $50,000 $88,000 $108,000 2.5%0.3% Licensed Practical and Licensed Vocational Nurses $63,500 $71,000 $111,000 $125,000 4.7%0.5% Dosimetrists, Records Specialists, and Health Technologists $52,900 $60,000 $102,000 $118,000 4.6%0.5% Other Healthcare Practitioners and Technical Occupations $129,500 $139,000 $187,000 $196,000 23.4%2.6% Weighted Mean Annual Wage $129,500 $139,000 $189,000 $199,000 100.0%11.3% Sources: U.S. Bureau of Labor Statistics, California Employment Development Department Keyser Marston Associates, Inc. Rancho Cucamonga Land Use Files_10 5 21.xlsm; trb Page 492 APPENDIX C - TABLE 2 AVERAGE ANNUAL WORKER COMPENSATION AND ESTIMATED HOUSEHOLD INCOME, 2021 OFFICE WORKER OCCUPATIONS NON-RESIDENTIAL NEXUS STUDY CITY OF RANCHO CUCAMONGA 2021 Avg.% of Total % of Total Worker One Two Three+Occupation Office Occupation 3 Compensation1 Worker Workers Workers Group 2 Workers Household Income Estimate 4 Page 3 of 4 Healthcare Support Occupations Nursing Assistants $38,000 $48,000 $88,000 $116,000 2.1%0.1% Physical Therapist Assistants $67,500 $76,000 $118,000 $133,000 3.2%0.2% Physical Therapist Aides $35,600 $45,000 $83,000 $108,000 2.2%0.1% Massage Therapists $50,800 $58,000 $98,000 $114,000 2.1%0.1% Dental Assistants $41,500 $49,000 $85,000 $104,000 37.5%2.4% Medical Assistants $39,000 $49,000 $91,000 $119,000 40.9%2.6% Veterinary Assistants and Laboratory Animal Caretakers $36,000 $45,000 $84,000 $110,000 5.0%0.3% Other Healthcare Support Occupations $41,000 $48,000 $84,000 $103,000 7.1%0.5% Weighted Mean Annual Wage $41,000 $50,000 $89,000 $112,000 100.0%6.5% Sales and Related Occupations First-Line Supervisors of Non-Retail Sales Workers $72,200 $81,000 $126,000 $142,000 4.2%0.3% Counter and Rental Clerks $41,600 $49,000 $85,000 $104,000 8.9%0.6% Retail Salespersons $35,500 $45,000 $82,000 $108,000 2.8%0.2% Insurance Sales Agents $68,400 $77,000 $119,000 $135,000 19.6%1.3% Securities, Commodities, Financial Services Sales Agents $65,900 $74,000 $115,000 $130,000 12.6%0.8% Sales Representatives of Services $66,900 $75,000 $117,000 $132,000 20.3%1.3% Sales Reps, Wholesale & Manufacturing, Technical $104,400 $111,000 $159,000 $168,000 2.1%0.1% Sales Reps, Wholesale & Manufacturing, Non-Technical $74,800 $84,000 $130,000 $147,000 3.5%0.2% Real Estate Brokers $29,100 $38,000 $74,000 $104,000 3.1%0.2% Real Estate Sales Agents $29,100 $38,000 $74,000 $104,000 10.7%0.7% Telemarketers $33,600 $42,000 $78,000 $102,000 3.1%0.2% Other Sales and Related Occupations $58,200 $66,000 $112,000 $130,000 8.9%0.6% Weighted Mean Annual Wage $58,200 $66,000 $107,000 $126,000 100.0%6.5% Office and Administrative Support Occupations First-Line Supervisors of Office and Admin Support Workers $63,300 $71,000 $110,000 $125,000 8.5%2.3% Billing and Posting Clerks $40,200 $47,000 $82,000 $101,000 4.8%1.3% Bookkeeping, Accounting, and Auditing Clerks $47,800 $56,000 $98,000 $120,000 8.0%2.2% Tellers $37,600 $47,000 $87,000 $114,000 5.2%1.4% Customer Service Representatives $42,000 $49,000 $86,000 $105,000 16.2%4.4% Loan Interviewers and Clerks $48,000 $56,000 $98,000 $121,000 2.2%0.6% Receptionists and Information Clerks $33,900 $43,000 $79,000 $103,000 10.5%2.8% Executive Secretaries and Executive Administrative Assistants $67,800 $76,000 $118,000 $133,000 2.4%0.6% Medical Secretaries and Administrative Assistants $42,300 $50,000 $86,000 $106,000 7.5%2.0% Secretaries/Admin Assistants, Except Legal/Med./Exec $44,800 $53,000 $92,000 $112,000 7.3%2.0% Insurance Claims and Policy Processing Clerks $47,900 $56,000 $98,000 $120,000 2.5%0.7% Office Clerks, General $40,000 $47,000 $82,000 $100,000 11.8%3.2% Other Office and Administrative Support Occupations $44,300 $52,000 $91,000 $111,000 13.1%3.5% Weighted Mean Annual Wage $44,300 $52,000 $90,000 $110,000 100.0%27.0% Sources: U.S. Bureau of Labor Statistics, California Employment Development Department Keyser Marston Associates, Inc. Rancho Cucamonga Land Use Files_10 5 21.xlsm; trb Page 493 APPENDIX C - TABLE 2 AVERAGE ANNUAL WORKER COMPENSATION AND ESTIMATED HOUSEHOLD INCOME, 2021 OFFICE WORKER OCCUPATIONS NON-RESIDENTIAL NEXUS STUDY CITY OF RANCHO CUCAMONGA 2021 Avg.% of Total % of Total Worker One Two Three+Occupation Office Occupation 3 Compensation1 Worker Workers Workers Group 2 Workers Household Income Estimate 4 Page 4 of 4 Installation, Maintenance, and Repair Occupations First-Line Supervisors of Mechanics, Installers, and Repairers $84,900 $91,000 $138,000 $153,000 8.5%0.3% Telecom Equipment Installers/Repairers, Except Line Installers $58,300 $66,000 $112,000 $130,000 15.1%0.5% Telecommunications Line Installers and Repairers $64,700 $72,000 $113,000 $127,000 9.0%0.3% Maintenance and Repair Workers, General $48,800 $57,000 $100,000 $123,000 58.1%1.9% Other Installation, Maintenance, and Repair Occupations $55,400 $63,000 $107,000 $124,000 9.3%0.3% Weighted Mean Annual Wage $55,400 $63,000 $107,000 $127,000 100.0%3.3% 90.4% 1 2 3 Including occupations representing 2% or more of the major occupation group. 4 Household income estimated based average worker compensation and ratios between employee income and household income identified in Appendix G - Table 1. The methodology utilized by the California Employment Development Department (EDD) assumes hourly paid employees are employed full-time. EDD data is adjusted by KMA to reflect the State minimum wage. Annual compensation is calculated by EDD by multiplying hourly wages by 40 hours per work week by 52 weeks. Occupation percentages are based on the 2020 National Industry - Specific Occupational Employment Survey compiled by the Bureau of Labor Statistics. Wages are based on Occupational Employment Survey data applicable to San Bernardino County as of 2020 and are adjusted by EDD to the first quarter of 2021. Sources: U.S. Bureau of Labor Statistics, California Employment Development Department Keyser Marston Associates, Inc. Rancho Cucamonga Land Use Files_10 5 21.xlsm; trb Page 494 APPENDIX D - TABLE 1 ESTIMATED WORKER OCCUPATION DISTRIBUTION, 2020 INDUSTRIAL WORKERS NON-RESIDENTIAL NEXUS STUDY CITY OF RANCHO CUCAMONGA Worker Occupation Distribution Industrial Major Occupations (2% or more) Management Occupations 6.3% Business and Financial Operations Occupations 4.3% Computer and Mathematical Occupations 2.1% Architecture and Engineering Occupations 3.7% Sales and Related Occupations 10.5% Office and Administrative Support Occupations 12.1% Installation, Maintenance, and Repair Occupations 11.4% Production Occupations 30.4% Transportation and Material Moving Occupations 15.2% All Other Worker Occupations - Industrial 4.1% TOTAL 100.0% Source: Bureau of Labor Statistics Keyser Marston Associates, Inc. Rancho Cucamonga Land Use Files_10 5 21.xlsm; trb Page 495 APPENDIX D - TABLE 2 AVERAGE ANNUAL WORKER COMPENSATION AND ESTIMATED HOUSEHOLD INCOME, 2021 INDUSTRIAL WORKER OCCUPATIONS NON-RESIDENTIAL NEXUS STUDY CITY OF RANCHO CUCAMONGA 2021 Avg.% of Total % of Total Worker One Two Three+Occupation Industrial Occupation 3 Compensation1 Worker Workers Workers Group 2 Workers Page 1 of 3 Management Occupations Chief Executives $206,700 $219,000 $278,000 $285,000 2.2%0.1% General and Operations Managers $120,600 $128,000 $184,000 $195,000 44.6%2.8% Marketing Managers $132,100 $142,000 $191,000 $199,000 3.6%0.2% Sales Managers $121,300 $129,000 $185,000 $196,000 10.0%0.6% Administrative Services and Facilities Managers $105,100 $112,000 $161,000 $170,000 2.8%0.2% Computer and Information Systems Managers $141,200 $152,000 $204,000 $213,000 3.5%0.2% Financial Managers $131,300 $141,000 $190,000 $198,000 5.4%0.3% Industrial Production Managers $110,300 $117,000 $168,000 $178,000 10.6%0.7% Purchasing Managers $128,700 $138,000 $186,000 $194,000 2.0%0.1% Transportation, Storage, and Distribution Managers $99,400 $106,000 $162,000 $179,000 2.8%0.2% Architectural and Engineering Managers $163,300 $173,000 $219,000 $225,000 4.7%0.3% Personal Service & Entertainment Managers, Except Gambling $119,600 $127,000 $183,000 $193,000 3.7%0.2% Other Management Occupations $124,500 $133,000 $190,000 $201,000 4.2%0.3% Weighted Mean Annual Wage $124,500 $132,000 $186,000 $197,000 100.0%6.3% Business and Financial Operations Occupations Buyers and Purchasing Agents $63,500 $71,000 $111,000 $125,000 18.7%0.8% Compliance Officers $76,700 $86,000 $134,000 $151,000 2.5%0.1% Cost Estimators $71,200 $80,000 $124,000 $140,000 8.1%0.4% Human Resources Specialists $68,700 $77,000 $120,000 $135,000 8.0%0.3% Logisticians $80,800 $86,000 $131,000 $145,000 6.0%0.3% Management Analysts $87,700 $94,000 $143,000 $158,000 4.1%0.2% Training and Development Specialists $70,400 $79,000 $123,000 $139,000 3.4%0.1% Market Research Analysts and Marketing Specialists $56,600 $65,000 $109,000 $127,000 11.5%0.5% Project Management and Business Operations Specialists $74,300 $83,000 $130,000 $146,000 15.7%0.7% Accountants and Auditors $76,200 $85,000 $133,000 $150,000 16.7%0.7% Financial and Investment Analysts, and Financial Specialists $79,600 $89,000 $139,000 $157,000 2.8%0.1% Other Business and Financial Operations Occupations $70,800 $79,000 $124,000 $139,000 2.5%0.1% Weighted Mean Annual Wage $70,800 $79,000 $124,000 $140,000 100.0%4.3% Computer and Mathematical Occupations Computer Systems Analysts $92,000 $98,000 $150,000 $166,000 9.8%0.2% Computer Network Support Specialists $65,500 $73,000 $114,000 $129,000 4.1%0.1% Computer User Support Specialists $63,000 $71,000 $110,000 $124,000 17.9%0.4% Computer Network Architects $117,900 $126,000 $180,000 $190,000 2.7%0.1% Network and Computer Systems Administrators $91,800 $98,000 $149,000 $165,000 8.8%0.2% Database Administrators and Architects $103,500 $110,000 $158,000 $167,000 2.5%0.1% Computer Programmers $92,500 $99,000 $150,000 $167,000 4.3%0.1% Software Developers and Software Quality Assurance Analysts $104,600 $111,000 $160,000 $169,000 35.5%0.7% Web Developers and Digital Interface Designers $69,400 $78,000 $121,000 $137,000 2.9%0.1% Computer Occupations, All Other $83,000 $89,000 $135,000 $149,000 5.6%0.1% Other Computer and Mathematical Occupations $89,900 $96,000 $146,000 $162,000 5.9%0.1% Weighted Mean Annual Wage $89,900 $97,000 $144,000 $157,000 100.0%2.1% Household Income Estimate 4 Sources: U.S. Bureau of Labor Statistics, California Employment Development Department Keyser Marston Associates, Inc. Rancho Cucamonga Land Use Files_10 5 21.xlsm; trb Page 496 APPENDIX D - TABLE 2 AVERAGE ANNUAL WORKER COMPENSATION AND ESTIMATED HOUSEHOLD INCOME, 2021 INDUSTRIAL WORKER OCCUPATIONS NON-RESIDENTIAL NEXUS STUDY CITY OF RANCHO CUCAMONGA 2021 Avg.% of Total % of Total Worker One Two Three+Occupation Industrial Occupation 3 Compensation1 Worker Workers Workers Group 2 Workers Household Income Estimate 4 Page 2 of 3 Architecture and Engineering Occupations Aerospace Engineers $119,300 $127,000 $182,000 $192,000 3.2%0.1% Electrical Engineers $102,300 $109,000 $156,000 $165,000 8.7%0.3% Electronics Engineers, Except Computer $117,600 $125,000 $180,000 $190,000 4.9%0.2% Industrial Engineers $84,000 $90,000 $137,000 $151,000 24.4%0.9% Mechanical Engineers $92,600 $99,000 $150,000 $167,000 19.3%0.7% Engineers, All Other $99,600 $106,000 $162,000 $179,000 5.5%0.2% Mechanical Drafters $64,700 $72,000 $113,000 $127,000 3.6%0.1% Electrical Engineering Technologists and Technicians $76,700 $86,000 $134,000 $151,000 5.8%0.2% Industrial Engineering Technologists and Technicians $74,200 $83,000 $129,000 $146,000 5.1%0.2% Mechanical Engineering Technologists and Technicians $60,200 $67,000 $105,000 $119,000 2.5%0.1% Calibration and Engineering Technicians, Except Drafters $81,600 $87,000 $133,000 $147,000 3.2%0.1% Other Architecture and Engineering Occupations $89,400 $95,000 $145,000 $161,000 13.8%0.5% Weighted Mean Annual Wage $89,400 $96,000 $145,000 $159,000 100.0%3.7% Sales and Related Occupations First-Line Supervisors of Non-Retail Sales Workers $72,200 $81,000 $126,000 $142,000 4.6%0.5% Cashiers $32,800 $41,000 $76,000 $100,000 3.3%0.3% Counter and Rental Clerks $41,600 $49,000 $85,000 $104,000 4.0%0.4% Parts Salespersons $41,700 $49,000 $85,000 $105,000 7.1%0.7% Retail Salespersons $35,500 $45,000 $82,000 $108,000 6.5%0.7% Sales Reps of Services $66,900 $75,000 $117,000 $132,000 3.0%0.3% Sales Reps, Wholesale & Manufacturing, Technical $104,400 $111,000 $159,000 $168,000 8.1%0.8% Sales Reps, Wholesale and Manufacturing, Other $74,800 $84,000 $130,000 $147,000 57.3%6.0% Other Sales and Related Occupations $68,800 $77,000 $120,000 $135,000 6.0%0.6% Weighted Mean Annual Wage $68,800 $77,000 $121,000 $138,000 100.0%10.5% Office and Administrative Support Occupations Supervisors of Office and Administrative Support Workers $63,300 $71,000 $110,000 $125,000 6.9%0.8% Bookkeeping, Accounting, and Auditing Clerks $47,800 $56,000 $98,000 $120,000 12.2%1.5% Customer Service Representatives $42,000 $49,000 $86,000 $105,000 16.3%2.0% Order Clerks $40,900 $48,000 $84,000 $103,000 2.8%0.3% Receptionists and Information Clerks $33,900 $43,000 $79,000 $103,000 2.0%0.2% Production, Planning, and Expediting Clerks $52,100 $59,000 $100,000 $117,000 5.8%0.7% Shipping, Receiving, and Inventory Clerks $37,900 $48,000 $88,000 $115,000 16.5%2.0% Secretaries and Admin Assistants, Except Legal, Medical $44,800 $53,000 $92,000 $112,000 8.5%1.0% Office Clerks, General $40,000 $47,000 $82,000 $100,000 19.7%2.4% Other Office and Administrative Support Occupations $43,900 $52,000 $90,000 $110,000 9.3%1.1% Weighted Mean Annual Wage $43,900 $52,000 $90,000 $111,000 100.0%12.1% Installation, Maintenance, and Repair Occupations First-Line Supervisors of Mechanics, Installers, and Repairers $84,900 $91,000 $138,000 $153,000 8.2%0.9% Computer, Automated Teller, and Office Machine Repairers $43,800 $51,000 $90,000 $110,000 2.5%0.3% Automotive Body and Related Repairers $46,500 $55,000 $95,000 $117,000 9.3%1.1% Automotive Service Technicians and Mechanics $51,200 $58,000 $99,000 $115,000 22.5%2.6% Bus and Truck Mechanics and Diesel Engine Specialists $53,000 $60,000 $102,000 $119,000 7.6%0.9% Mobile Heavy Equipment Mechanics, Except Engines $66,800 $75,000 $117,000 $132,000 3.6%0.4% Heating, Air Conditioning, and Refrigeration Mechanics $53,400 $61,000 $103,000 $119,000 2.0%0.2% Industrial Machinery Mechanics $66,500 $74,000 $116,000 $131,000 13.5%1.5% Maintenance and Repair Workers, General $48,800 $57,000 $100,000 $123,000 9.2%1.1% Installation, Maintenance, and Repair Workers, All Other $44,200 $52,000 $90,000 $111,000 3.2%0.4% Other Installation, Maintenance, and Repair Occupations $56,700 $65,000 $109,000 $127,000 18.5%2.1% Weighted Mean Annual Wage $56,700 $64,000 $107,000 $124,000 100.0%11.4% Sources: U.S. Bureau of Labor Statistics, California Employment Development Department Keyser Marston Associates, Inc. Rancho Cucamonga Land Use Files_10 5 21.xlsm; trb Page 497 APPENDIX D - TABLE 2 AVERAGE ANNUAL WORKER COMPENSATION AND ESTIMATED HOUSEHOLD INCOME, 2021 INDUSTRIAL WORKER OCCUPATIONS NON-RESIDENTIAL NEXUS STUDY CITY OF RANCHO CUCAMONGA 2021 Avg.% of Total % of Total Worker One Two Three+Occupation Industrial Occupation 3 Compensation1 Worker Workers Workers Group 2 Workers Household Income Estimate 4 Page 3 of 3 Production Occupations First-Line Supervisors of Production and Operating Workers $69,300 $78,000 $121,000 $136,000 7.2%2.2% Electrical, Electronic, and Electromechanical Assemblers $37,600 $47,000 $87,000 $114,000 3.7%1.1% Miscellaneous Assemblers and Fabricators $33,800 $42,000 $78,000 $103,000 15.5%4.7% Bakers $34,400 $43,000 $80,000 $105,000 2.2%0.7% Food Batchmakers $36,000 $45,000 $84,000 $110,000 2.3%0.7% Cutting/Punching/Press Machine Setters, Operators/Tenders $39,000 $49,000 $91,000 $119,000 2.8%0.8% Machinists $47,100 $55,000 $96,000 $118,000 6.4%2.0% Welders, Cutters, Solderers, and Brazers $45,100 $53,000 $92,000 $113,000 4.5%1.4% Cabinetmakers and Bench Carpenters $35,300 $44,000 $82,000 $107,000 2.6%0.8% Inspectors, Testers, Sorters, Samplers, and Weighers $43,100 $51,000 $88,000 $108,000 5.7%1.7% Packaging and Filling Machine Operators and Tenders $36,400 $46,000 $85,000 $111,000 4.3%1.3% Coating/Painting/Spraying Machine Setters, Operators/Tenders $38,100 $48,000 $88,000 $116,000 2.5%0.7% Computer Numerically Controlled Tool Operators $41,500 $49,000 $85,000 $104,000 2.9%0.9% Helpers--Production Workers $33,900 $43,000 $79,000 $103,000 2.6%0.8% Other Production Occupations $41,900 $49,000 $86,000 $105,000 34.7%10.5% Weighted Mean Annual Wage $41,900 $50,000 $88,000 $110,000 100.0%30.4% Transportation and Material Moving Occupations Supervisors of Transportation & Material Moving Workers $61,800 $69,000 $108,000 $122,000 5.3%0.8% Heavy and Tractor-Trailer Truck Drivers $54,700 $62,000 $105,000 $122,000 13.9%2.1% Light Truck Drivers $47,800 $56,000 $98,000 $120,000 9.8%1.5% Automotive and Watercraft Service Attendants $35,000 $44,000 $81,000 $106,000 2.4%0.4% Industrial Truck and Tractor Operators $40,600 $48,000 $83,000 $102,000 7.9%1.2% Cleaners of Vehicles and Equipment $32,700 $41,000 $76,000 $99,000 10.4%1.6% Laborers and Freight, Stock, and Material Movers, Hand $36,500 $46,000 $85,000 $111,000 28.2%4.3% Packers and Packagers, Hand $30,500 $38,000 $71,000 $93,000 6.1%0.9% Stockers and Order Fillers $35,200 $44,000 $82,000 $107,000 10.5%1.6% Other Transportation and Material Moving Occupations $41,100 $48,000 $84,000 $103,000 5.7%0.9% Weighted Mean Annual Wage $41,100 $49,000 $88,000 $110,000 100.0%15.2% 95.9% 1 2 3 Including occupations representing 2% or more of the major occupation group. 4 The methodology utilized by the California Employment Development Department (EDD) assumes hourly paid employees are employed full-time. EDD data is adjusted by KMA to reflect the State minimum wage. Annual compensation is calculated by EDD by multiplying hourly wages by 40 hours per work week by 52 weeks. Occupation percentages are based on the 2020 National Industry - Specific Occupational Employment Survey compiled by the Bureau of Labor Statistics. Wages are based on Occupational Employment Survey data applicable to San Bernardino County as of 2020 and are adjusted by EDD to the first quarter of 2021. Household income estimated based average worker compensation and ratios between employee income and household income identified in Appendix G - Table 1. Sources: U.S. Bureau of Labor Statistics, California Employment Development Department Keyser Marston Associates, Inc. Rancho Cucamonga Land Use Files_10 5 21.xlsm; trb Page 498 APPENDIX E - TABLE 1 ESTIMATED WORKER OCCUPATION DISTRIBUTION, 2020 WAREHOUSE WORKERS NON-RESIDENTIAL NEXUS STUDY CITY OF RANCHO CUCAMONGA Worker Occupation Distribution Warehouse Major Occupations (2% or more) Management Occupations 2.4% Business and Financial Operations Occupations 2.1% Office and Administrative Support Occupations 12.4% Installation, Maintenance, and Repair Occupations 2.6% Transportation and Material Moving Occupations 74.9% All Other Worker Occupations - Warehouse 5.7% TOTAL 100.0% Source: Bureau of Labor Statistics Keyser Marston Associates, Inc. Rancho Cucamonga Land Use Files_10 5 21.xlsm; trb Page 499 APPENDIX E - TABLE 2 AVERAGE ANNUAL WORKER COMPENSATION AND ESTIMATED HOUSEHOLD INCOME, 2021 WAREHOUSE WORKER OCCUPATIONS NON-RESIDENTIAL NEXUS STUDY CITY OF RANCHO CUCAMONGA 2021 Avg.% of Total % of Total Worker One Two Three+Occupation Warehouse Occupation 3 Compensation1 Worker Workers Workers Group 2 Workers Page 1 of 2 Management Occupations General and Operations Managers $120,600 $128,000 $184,000 $195,000 33.3%0.8% Sales Managers $121,300 $129,000 $185,000 $196,000 3.6%0.1% Administrative Services and Facilities Managers $105,100 $112,000 $161,000 $170,000 4.4%0.1% Computer and Information Systems Managers $141,200 $152,000 $204,000 $213,000 2.2%0.1% Financial Managers $131,300 $141,000 $190,000 $198,000 2.5%0.1% Transportation, Storage, and Distribution Managers $99,400 $106,000 $162,000 $179,000 39.9%1.0% Human Resources Managers $121,800 $130,000 $186,000 $197,000 3.1%0.1% Personal Service, Entertainment and Recreation Managers $119,600 $127,000 $183,000 $193,000 3.5%0.1% Other Management Occupations $111,500 $119,000 $170,000 $180,000 7.6%0.2% Weighted Mean Annual Wage $111,500 $119,000 $174,000 $187,000 100.0%2.4% Business and Financial Operations Occupations Buyers and Purchasing Agents $63,500 $71,000 $111,000 $125,000 10.0%0.2% Compliance Officers $76,700 $86,000 $134,000 $151,000 2.3%0.0% Human Resources Specialists $68,700 $77,000 $120,000 $135,000 14.9%0.3% Logisticians $80,800 $86,000 $131,000 $145,000 13.6%0.3% Management Analysts $87,700 $94,000 $143,000 $158,000 2.5%0.1% Training and Development Specialists $70,400 $79,000 $123,000 $139,000 20.0%0.4% Market Research Analysts and Marketing Specialists $56,600 $65,000 $109,000 $127,000 3.7%0.1% Project Management and Business Ops Specialists $74,300 $83,000 $130,000 $146,000 20.6%0.4% Accountants and Auditors $76,200 $85,000 $133,000 $150,000 9.0%0.2% Other Business and Financial Operations Occupations $72,300 $81,000 $126,000 $142,000 3.5%0.1% Weighted Mean Annual Wage $72,300 $80,000 $125,000 $141,000 100.0%2.1% Office and Administrative Support Occupations First-Line Supervisors of Office and Admin Support Workers $63,300 $71,000 $110,000 $125,000 11.8%1.5% Bookkeeping, Accounting, and Auditing Clerks $47,800 $56,000 $98,000 $120,000 2.0%0.2% Customer Service Representatives $42,000 $49,000 $86,000 $105,000 13.0%1.6% Order Clerks $40,900 $48,000 $84,000 $103,000 5.7%0.7% Production, Planning, and Expediting Clerks $52,100 $59,000 $100,000 $117,000 7.1%0.9% Shipping, Receiving, and Inventory Clerks $37,900 $48,000 $88,000 $115,000 33.9%4.2% Weighers, Measurers, Checkers, Samplers, Recordkeeping $38,600 $49,000 $90,000 $117,000 7.3%0.9% Secretaries & Admin Assistants, Except Legal, Medical, Executive $44,800 $53,000 $92,000 $112,000 3.3%0.4% Office Clerks, General $40,000 $47,000 $82,000 $100,000 7.3%0.9% Other Office and Administrative Support Occupations $43,700 $51,000 $89,000 $110,000 8.6%1.1% Weighted Mean Annual Wage $43,700 $52,000 $91,000 $113,000 100.0%12.4% Household Income Estimate 4 Sources: U.S. Bureau of Labor Statistics, California Employment Development Department Keyser Marston Associates, Inc. Rancho Cucamonga Land Use Files_10 5 21.xlsm; trb Page 500 APPENDIX E - TABLE 2 AVERAGE ANNUAL WORKER COMPENSATION AND ESTIMATED HOUSEHOLD INCOME, 2021 WAREHOUSE WORKER OCCUPATIONS NON-RESIDENTIAL NEXUS STUDY CITY OF RANCHO CUCAMONGA 2021 Avg.% of Total % of Total Worker One Two Three+Occupation Warehouse Occupation 3 Compensation1 Worker Workers Workers Group 2 Workers Household Income Estimate 4 Page 2 of 2 Installation, Maintenance, and Repair Occupations First-Line Supervisors of Mechanics, Installers, and Repairers $84,900 $91,000 $138,000 $153,000 9.0%0.2% Bus and Truck Mechanics and Diesel Engine Specialists $53,000 $60,000 $102,000 $119,000 6.2%0.2% Industrial Machinery Mechanics $66,500 $74,000 $116,000 $131,000 3.0%0.1% Maintenance Workers, Machinery $56,900 $65,000 $109,000 $127,000 2.8%0.1% Maintenance and Repair Workers, General $48,800 $57,000 $100,000 $123,000 63.9%1.6% Installation, Maintenance, and Repair Workers, All Other $44,200 $52,000 $90,000 $111,000 2.7%0.1% Other Installation, Maintenance, and Repair Occupations $53,500 $61,000 $103,000 $120,000 12.5%0.3% Weighted Mean Annual Wage $53,500 $61,000 $104,000 $125,000 100.0%2.6% Transportation and Material Moving Occupations Supervisors of Transportation and Material Moving Workers $61,800 $69,000 $108,000 $122,000 4.6%3.5% Heavy and Tractor-Trailer Truck Drivers $54,700 $62,000 $105,000 $122,000 6.6%5.0% Industrial Truck and Tractor Operators $40,600 $48,000 $83,000 $102,000 20.5%15.3% Laborers and Freight, Stock, and Material Movers, Hand $36,500 $46,000 $85,000 $111,000 31.1%23.3% Packers and Packagers, Hand $30,500 $38,000 $71,000 $93,000 7.3%5.5% Stockers and Order Fillers $35,200 $44,000 $82,000 $107,000 25.5%19.1% Other Transportation and Material Moving Occupations $39,100 $49,000 $91,000 $119,000 4.4%3.3% Weighted Mean Annual Wage $39,100 $48,000 $85,000 $108,000 100.0%74.9% 94.3% 1 2 3 Including occupations representing 2% or more of the major occupation group. 4 The methodology utilized by the California Employment Development Department (EDD) assumes hourly paid employees are employed full-time. EDD data is adjusted by KMA to reflect the State minimum wage. Annual compensation is calculated by EDD by multiplying hourly wages by 40 hours per work week by 52 weeks. Occupation percentages are based on the 2020 National Industry - Specific Occupational Employment Survey compiled by the Bureau of Labor Statistics. Wages are based on Occupational Employment Survey data applicable to San Bernardino County as of 2020 and are adjusted by EDD to the first quarter of 2021. Household income estimated based average worker compensation and ratios between employee income and household income identified in Appendix G - Table 1. Sources: U.S. Bureau of Labor Statistics, California Employment Development Department Keyser Marston Associates, Inc. Rancho Cucamonga Land Use Files_10 5 21.xlsm; trb Page 501 APPENDIX F - TABLE 1 ESTIMATED WORKER OCCUPATION DISTRIBUTION, 2020 R&D WORKERS NON-RESIDENTIAL NEXUS STUDY CITY OF RANCHO CUCAMONGA Worker Occupation Distribution R&D Major Occupations (2% or more) Management Occupations 17.4% Business and Financial Operations Occupations 10.7% Computer and Mathematical Occupations 12.9% Architecture and Engineering Occupations 13.9% Life, Physical, and Social Science Occupations 25.5% Healthcare Practitioners and Technical Occupations 2.5% Office and Administrative Support Occupations 7.4% All Other Worker Occupations - R&D 9.6% TOTAL 100.0% Source: Bureau of Labor Statistics Keyser Marston Associates, Inc. Rancho Cucamonga Land Use Files_10 5 21.xlsm; trb Page 502 APPENDIX F - TABLE 2 AVERAGE ANNUAL WORKER COMPENSATION AND ESTIMATED HOUSEHOLD INCOME, 2021 R&D WORKER OCCUPATIONS NON-RESIDENTIAL NEXUS STUDY CITY OF RANCHO CUCAMONGA 2021 Avg.% of Total % of Total Worker One Two Three+Occupation R&D Occupation 3 Compensation1 Worker Workers Workers Group 2 Workers Page 1 of 3 Management Occupations Chief Executives $206,700 $219,000 $278,000 $285,000 2.1%0.4% General and Operations Managers $120,600 $128,000 $184,000 $195,000 15.5%2.7% Marketing Managers $132,100 $142,000 $191,000 $199,000 4.7%0.8% Sales Managers $121,300 $129,000 $185,000 $196,000 2.8%0.5% Administrative Services and Facilities Managers $105,100 $112,000 $161,000 $170,000 3.6%0.6% Computer and Information Systems Managers $141,200 $152,000 $204,000 $213,000 8.7%1.5% Financial Managers $131,300 $141,000 $190,000 $198,000 6.2%1.1% Industrial Production Managers $110,300 $117,000 $168,000 $178,000 3.4%0.6% Human Resources Managers $121,800 $130,000 $186,000 $197,000 2.3%0.4% Architectural and Engineering Managers $163,300 $173,000 $219,000 $225,000 9.0%1.6% Medical and Health Services Managers $131,400 $141,000 $190,000 $198,000 4.6%0.8% Natural Sciences Managers $153,800 $163,000 $207,000 $212,000 21.7%3.8% Personal Service Managers; Entertainment & Rec Managers $119,600 $127,000 $183,000 $193,000 10.0%1.7% Other Management Occupations $136,900 $147,000 $198,000 $207,000 5.4%0.9% Weighted Mean Annual Wage $136,900 $146,000 $196,000 $204,000 100.0%17.4% Business and Financial Operations Occupations Buyers and Purchasing Agents $63,500 $71,000 $111,000 $125,000 6.5%0.7% Compliance Officers $76,700 $86,000 $134,000 $151,000 9.8%1.1% Human Resources Specialists $68,700 $77,000 $120,000 $135,000 7.3%0.8% Logisticians $80,800 $86,000 $131,000 $145,000 4.2%0.5% Management Analysts $87,700 $94,000 $143,000 $158,000 7.1%0.8% Training and Development Specialists $70,400 $79,000 $123,000 $139,000 4.0%0.4% Market Research Analysts and Marketing Specialists $56,600 $65,000 $109,000 $127,000 7.6%0.8% Project Management and Business Ops Specialists $74,300 $83,000 $130,000 $146,000 33.7%3.6% Accountants and Auditors $76,200 $85,000 $133,000 $150,000 11.1%1.2% Financial, Investment, Risk Specialists $79,600 $89,000 $139,000 $157,000 3.8%0.4% Other Business and Financial Operations Occupations $73,500 $82,000 $128,000 $145,000 4.8%0.5% Weighted Mean Annual Wage $73,500 $82,000 $128,000 $144,000 100.0%10.7% Computer and Mathematical Occupations Computer Systems Analysts $92,000 $98,000 $150,000 $166,000 11.2%1.4% Information Security Analysts $125,000 $134,000 $181,000 $189,000 4.6%0.6% Computer and Information Research Scientists $114,700 $122,000 $175,000 $185,000 6.0%0.8% Computer User Support Specialists $63,000 $71,000 $110,000 $124,000 4.2%0.5% Computer Network Architects $117,900 $126,000 $180,000 $190,000 4.5%0.6% Network and Computer Systems Administrators $91,800 $98,000 $149,000 $165,000 5.9%0.8% Database Administrators and Architects $103,500 $110,000 $158,000 $167,000 2.8%0.4% Computer Programmers $92,500 $99,000 $150,000 $167,000 4.1%0.5% Software Developers & Software Quality Assurance Analysts $104,600 $111,000 $160,000 $169,000 35.5%4.6% Computer Occupations, All Other $83,000 $89,000 $135,000 $149,000 5.6%0.7% Operations Research Analysts $92,800 $99,000 $151,000 $167,000 3.2%0.4% Statisticians $86,600 $92,000 $141,000 $156,000 6.3%0.8% Data Scientists and Mathematical Science Occupations, All Other $118,500 $126,000 $181,000 $191,000 3.2%0.4% Other Computer and Mathematical Occupations $99,900 $107,000 $162,000 $180,000 3.0%0.4% Weighted Mean Annual Wage $99,900 $107,000 $156,000 $168,000 100.0%12.9% Household Income Estimate 4 Sources: U.S. Bureau of Labor Statistics, California Employment Development Department Keyser Marston Associates, Inc. Rancho Cucamonga Land Use Files_10 5 21.xlsm; trb Page 503 APPENDIX F - TABLE 2 AVERAGE ANNUAL WORKER COMPENSATION AND ESTIMATED HOUSEHOLD INCOME, 2021 R&D WORKER OCCUPATIONS NON-RESIDENTIAL NEXUS STUDY CITY OF RANCHO CUCAMONGA 2021 Avg.% of Total % of Total Worker One Two Three+Occupation R&D Occupation 3 Compensation1 Worker Workers Workers Group 2 Workers Household Income Estimate 4 Page 2 of 3 Architecture and Engineering Occupations Aerospace Engineers $119,300 $127,000 $182,000 $192,000 4.9%0.7% Bioengineers and Biomedical Engineers $99,500 $106,000 $162,000 $179,000 3.2%0.4% Chemical Engineers $87,600 $93,000 $142,000 $158,000 2.7%0.4% Computer Hardware Engineers $117,600 $125,000 $180,000 $190,000 6.2%0.9% Electrical Engineers $102,300 $109,000 $156,000 $165,000 8.7%1.2% Electronics Engineers, Except Computer $117,600 $125,000 $180,000 $190,000 6.4%0.9% Industrial Engineers $84,000 $90,000 $137,000 $151,000 8.5%1.2% Mechanical Engineers $92,600 $99,000 $150,000 $167,000 16.3%2.3% Nuclear Engineers $99,500 $106,000 $162,000 $179,000 2.7%0.4% Engineers, All Other $99,600 $106,000 $162,000 $179,000 12.4%1.7% Electrical and Electronic Engineering Technologists and Technicians $76,700 $86,000 $134,000 $151,000 4.3%0.6% Mechanical Engineering Technologists and Technicians $60,200 $67,000 $105,000 $119,000 2.7%0.4% Other Architecture and Engineering Occupations $97,900 $104,000 $159,000 $176,000 21.1%2.9% Weighted Mean Annual Wage $97,900 $105,000 $157,000 $171,000 100.0%13.9% Life, Physical, and Social Science Occupations Biochemists and Biophysicists $76,200 $85,000 $133,000 $150,000 10.8%2.8% Microbiologists $76,200 $85,000 $133,000 $150,000 3.7%0.9% Biological Scientists, All Other $76,200 $85,000 $133,000 $150,000 6.5%1.7% Medical Scientists, Except Epidemiologists $112,000 $119,000 $171,000 $181,000 28.4%7.2% Physicists $123,100 $131,000 $188,000 $199,000 3.0%0.8% Chemists $90,300 $96,000 $147,000 $163,000 6.7%1.7% Social Science Research Assistants $51,600 $59,000 $99,000 $115,000 3.0%0.8% Life, Physical, and Social Science Technicians, All Other $57,600 $66,000 $111,000 $129,000 4.6%1.2% Other Life, Physical, and Social Science Occupations $92,600 $99,000 $150,000 $167,000 33.3%8.5% Weighted Mean Annual Wage $92,600 $100,000 $150,000 $165,000 100.0%25.5% Healthcare Practitioners and Technical Occupations Physician Assistants $142,100 $153,000 $206,000 $215,000 2.4%0.1% Veterinarians $144,400 $155,000 $209,000 $218,000 2.2%0.1% Registered Nurses $112,100 $119,000 $171,000 $181,000 17.6%0.4% Nurse Practitioners $149,000 $160,000 $216,000 $225,000 3.4%0.1% Physicians, All Other; and Ophthalmologists, Except Pediatric $216,300 $230,000 $290,000 $298,000 6.9%0.2% Clinical Laboratory Technologists and Technicians $60,400 $68,000 $105,000 $119,000 39.2%1.0% Veterinary Technologists and Technicians $39,600 $50,000 $92,000 $120,000 5.4%0.1% Medical Dosimetrists, Records Specialists, Health Technologists $52,900 $60,000 $102,000 $118,000 4.6%0.1% Health Info Technologists, Medical Registrars, Surgical Assistants $59,800 $68,000 $115,000 $134,000 3.9%0.1% Other Healthcare Practitioners and Technical Occupations $89,900 $96,000 $146,000 $162,000 14.4%0.4% Weighted Mean Annual Wage $89,900 $98,000 $143,000 $157,000 100.0%2.5% Sources: U.S. Bureau of Labor Statistics, California Employment Development Department Keyser Marston Associates, Inc. Rancho Cucamonga Land Use Files_10 5 21.xlsm; trb Page 504 APPENDIX F - TABLE 2 AVERAGE ANNUAL WORKER COMPENSATION AND ESTIMATED HOUSEHOLD INCOME, 2021 R&D WORKER OCCUPATIONS NON-RESIDENTIAL NEXUS STUDY CITY OF RANCHO CUCAMONGA 2021 Avg.% of Total % of Total Worker One Two Three+Occupation R&D Occupation 3 Compensation1 Worker Workers Workers Group 2 Workers Household Income Estimate 4 Page 3 of 3 Office and Administrative Support Occupations Supervisors of Office and Admin Support Workers $63,300 $71,000 $110,000 $125,000 6.5%0.5% Bookkeeping, Accounting, and Auditing Clerks $47,800 $56,000 $98,000 $120,000 6.4%0.5% Customer Service Representatives $42,000 $49,000 $86,000 $105,000 5.8%0.4% Production, Planning, and Expediting Clerks $52,100 $59,000 $100,000 $117,000 5.2%0.4% Shipping, Receiving, and Inventory Clerks $37,900 $48,000 $88,000 $115,000 3.0%0.2% Executive Secretaries and Executive Administrative Assistants $67,800 $76,000 $118,000 $133,000 17.6%1.3% Secretaries & Admin Assistants, Except Legal, Medical, Executive $44,800 $53,000 $92,000 $112,000 20.5%1.5% Office Clerks, General $40,000 $47,000 $82,000 $100,000 19.7%1.5% Other Office and Administrative Support Occupations $50,100 $57,000 $96,000 $112,000 15.3%1.1% Weighted Mean Annual Wage $50,100 $58,000 $97,000 $115,000 100.0%7.4% 90.4% 1 2 3 Including occupations representing 2% or more of the major occupation group. 4 The methodology utilized by the California Employment Development Department (EDD) assumes hourly paid employees are employed full-time. EDD data is adjusted by KMA to reflect the State minimum wage. Annual compensation is calculated by EDD by multiplying hourly wages by 40 hours per work week by 52 weeks. Occupation percentages are based on the 2020 National Industry - Specific Occupational Employment Survey compiled by the Bureau of Labor Statistics. Wages are based on Occupational Employment Survey data applicable to San Bernardino County as of 2020 and are adjusted by EDD to the first quarter of 2021. Household income estimated based average worker compensation and ratios between employee income and household income identified in Appendix G - Table 1. Sources: U.S. Bureau of Labor Statistics, California Employment Development Department Keyser Marston Associates, Inc. Rancho Cucamonga Land Use Files_10 5 21.xlsm; trb Page 505 APPENDIX G HOUSEHOLD SIZE RATIOS NON-RESIDENTIAL NEXUS STUDY RANCHO CUCAMONGA, CALIFORNIA Page 506 APPENDIX G - TABLE 1 RATIO OF HOUSEHOLD INCOME TO INDIVIDUAL WORKER INCOME NON-RESIDENTIAL NEXUS STUDY CITY OF RANCHO CUCAMONGA Income Range ($thousands)One Two Three or More 25-30 1.30 2.56 3.56 30-40 1.26 2.32 3.04 40-50 1.17 2.04 2.51 50-60 1.14 1.92 2.24 60-80 1.12 1.74 1.97 80-100 1.07 1.63 1.80 100-125 1.06 1.53 1.61 125-150 1.07 1.45 1.51 150-250 1.06 1.34 1.38 250+1.05 1.20 1.24 Source: KMA analysis of 2015 to 2019 American Community Survey Public Use Microdata Sample (PUMS) data for San Bernardino County. Number of Workers in Household Keyser Marston Associates, Inc. \\la-fs2\Employee\tbretz\My Documents\Rancho Cucamonga\Commercial Nexus Study\Nexus Models\Land Use Files\Rancho Cucamonga Land Use Files_10 5 21.xlsm; 10/5/2021; dd Page 507 APPENDIX G - TABLE 2 PERCENT OF HOUSEHOLDS BY SIZE AND NO. OF WORKERS NON-RESIDENTIAL NEXUS STUDY CITY OF RANCHO CUCAMONGA No. of Persons No. of Workers Percent of Total in Household in Household Households 1 1 11.42% 2 1 13.15% 2 11.13% 3 1 8.75% 2 8.83% 3+2.46% 4 1 6.55% 2 7.44% 3+4.85% 5 1 4.31% 2 4.89% 3+3.19% 6 1 4.53% 2 5.15% 3+3.35% Total 100.00% Source: 2015-2019 American Community Survey. Percent of Households by Size and No. of Workers Source: Bureau of Labor Statistics, IMPLAN Keyser Marston Associates, Inc. \\la-fs2\Employee\tbretz\My Documents\Rancho Cucamonga\Commercial Nexus Study\Nexus Models\Land Use Files\Rancho Cucamonga Land Use Files_10 5 21.xlsm; 10/5/2021; dd Page 508 APPENDIX H NON-RESIDENTIAL NEXUS STUDY RANCHO CUCAMONGA, CALIFORNIA AFFORDABILITY GAP ANALYSIS Page 509 APPENDIX H - EXHIBIT 1 ESTIMATED DEVELOPMENT COSTS RENTAL AFFORDABILITY GAP SCENARIOS NON-RESIDENTIAL NEXUS STUDY - AFFORDABILITY GAP ANALYSIS RANCHO CUCAMONGA, CALIFORNIA Prepared by: Keyser Marston Associates, Inc. File name: RC_Affordability Gap Analyses_8 2 21.xlsx; RC_Nexus Rental_TDC; trb Page 510 APPENDIX H - EXHIBIT 1 - TABLE 1 ESTIMATED DEVELOPMENT COSTS RENTAL AFFORDABILITY GAP SCENARIOS NON-RESIDENTIAL NEXUS STUDY - AFFORDABILITY GAP ANALYSIS RANCHO CUCAMONGA, CALIFORNIA I .Land Acquisition Costs 1 130,680 Sf Land $30 /Sf Land $3,920,000 II.Direct Costs Site Improvement Costs 130,680 Sf Land $20 /Sf Land $2,614,000 Surface Parking 2 144 Spaces $5,000 /Space 720,000 Building Costs 99,080 Sf GBA $160 /Sf Res GBA 15,853,000 Contractor Costs 3 20%Other Direct Costs 3,837,000 Total Direct Costs 99,080 Sf GBA $232 /Sf GBA $23,024,000 III.Indirect Costs Arch, Eng, & Consulting 6.00%Direct Costs $1,381,000 Permits & Fees/Impact Fees 90 Units $20,000 /Unit 1,800,000 Taxes, Ins, Legal & Acctg 3.00%Direct Costs 691,000 Development Management 4.00%Direct Costs 921,000 Soft Cost Contingency Allowance 5.00%Other Indirect Costs 240,000 Total Indirect Costs $5,033,000 IV.Financing Costs Land Carrying Costs 4 $3,920,000 Financed 5.50%Interest $377,000 Interest During Construction 5 $31,349,000 Financed 4.50%Interest 1,622,000 Financing Fees Construction Loan $31,349,000 Financed 2.50 Points 784,000 Permanent Loan $20,377,000 Financed 2.50 Points 509,000 Total Financing Costs $3,292,000 V.Total Development Costs 90 Units $391,900 /Unit $35,269,000 1 Estimated based on a survey of recent residential land sales comparables. 2 3 Includes contractors' fees, general requirements, builder's risk insurance and a direct cost contingency allowance. 4 Based on an 18-month construction period and a 3-month absorption period with a 100% average outstanding balance. 5 The parking count is based on the assumption that the project applies for and receives a SB1818 density bonus. Based on an 18-month construction period with a 60% average outstanding balance and a 3-month absorption period with a 100% average outstanding balance. Prepared by: Keyser Marston Associates, Inc. File name: RC_Affordability Gap Analyses_8 2 21.xlsx; RC_Nexus Rental_TDC; trb Page 511 RANCHO CUCAMONGA, CALIFORNIA NON-RESIDENTIAL NEXUS STUDY - AFFORDABILITY GAP ANALYSIS APPENDIX H - EXHIBIT 2A RENTAL AFFORDABILITY GAP SCENARIOS RENTS @ 30% TCAC MEDIAN 4% TAX CREDIT SCENARIO Prepared by: Keyser Marston Associates, Inc. File name: RC_Affordability Gap Analyses_8 2 21.xlsx; RC_Nexus_30% AMI; trb Page 512 APPENDIX H - EXHIBIT 2A - TABLE 1 ESTIMATED NET OPERATING INCOME RENTS @ 30% TCAC MEDIAN 4% TAX CREDIT SCENARIO NON-RESIDENTIAL NEXUS STUDY - AFFORDABILITY GAP ANALYSIS RANCHO CUCAMONGA, CALIFORNIA I.Rent @ 30% TCAC MEDIAN 1 Manager's Unit (Two-Bedroom)1 Unit 0 /Unit/Month $0 One-Bedroom Units 36 Units $351 /Unit/Month 151,600 Two-Bedroom Units 30 Units $408 /Unit/Month 146,900 Three-Bedroom Units 23 Units $454 /Unit/Month 125,300 Gross Rent Income $423,800 Laundry and Miscellaneous Income 90 Units $10 /Unit/Month 10,800 Gross Residential Income $434,600 (Less) Vacancy and Collection 5%Gross Residential Income (21,700) Effective Gross Residential Income $412,900 II.Residential Operating Expenses 2 90 Units $5,400 /Unit/Year $486,000 III.Residential Net Operating Income ($73,100) 1 2 NET OPERATING INCOME: RESIDENTIAL COMPONENT The affordable rents are based on 2021 rents published by TCAC and assume the deduction of the Housing Authority of the County of San Bernardino utility allowance as of 10/1/2020. Assumes the project will apply for a property tax exemption accorded to non-profit housing organizations for units rented to households earning less than 80% of the Area Median Income. Prepared by: Keyser Marston Associates, Inc. File name: RC_Affordability Gap Analyses_8 2 21.xlsx; RC_Nexus_30% AMI; trb Page 513 APPENDIX H - EXHIBIT 2A - TABLE 2 ESTIMATED AFFORDABILITY GAP RENTS @ 30% TCAC MEDIAN 4% TAX CREDIT SCENARIO NON-RESIDENTIAL NEXUS STUDY - AFFORDABILITY GAP ANALYSIS RANCHO CUCAMONGA, CALIFORNIA I.Available Outside Funding Sources A. Permanent Loan 1 Net Operating Income ($73,100)NOI (See Table 2) Income Available for Mortgage 1.20 DCR ($60,917)Debt Service Interest Rate 4.5%Interest 6.08%Mortgage Constant Total Permanent Loan ($1,002,000) B. Tax Credit Equity 2 $13,304,000 Total Outside Funding Sources $12,302,000 II.Affordability Gap Calculation Total Outside Funding Sources $12,302,000 Less: Total Development Costs (35,269,000) Additional Developer Fee 3 (1,579,000) Total Affordability Gap ($24,546,000) 90 Units ($272,700)/Unit 99,080 Sf GBA ($248)/Sf 1 Assumes a 30-year amortization period. 2 3 Assumes a 4.00% tax credit rate, a 130% difficult to develop premium, and a $0.90 tax credit equity rate. Equal to the $2,500,000 maximum amount allowed by the tax credit qualified allocation plan minus the $921,000 Developer Fee included in the Total Development Costs. Prepared by: Keyser Marston Associates, Inc. File name: RC_Affordability Gap Analyses_8 2 21.xlsx; RC_Nexus_30% AMI; trb Page 514 RANCHO CUCAMONGA, CALIFORNIA NON-RESIDENTIAL NEXUS STUDY - AFFORDABILITY GAP ANALYSIS APPENDIX H - EXHIBIT 2B RENTAL AFFORDABILITY GAP SCENARIOS RENTS @ 50% TCAC MEDIAN 4% TAX CREDIT SCENARIO Prepared by: Keyser Marston Associates, Inc. File name: RC_Affordability Gap Analyses_8 2 21.xlsx; RC_Nexus_50% AMI; trb Page 515 APPENDIX H - EXHIBIT 2B - TABLE 1 ESTIMATED NET OPERATING INCOME RENTS @ 50% TCAC MEDIAN 4% TAX CREDIT SCENARIO NON-RESIDENTIAL NEXUS STUDY - AFFORDABILITY GAP ANALYSIS RANCHO CUCAMONGA, CALIFORNIA I.Rent @ 50% TCAC MEDIAN 1 Manager's Unit (Two-Bedroom)1 Unit $0 /Unit/Month $0 One-Bedroom Units 36 Units $647 /Unit/Month 279,500 Two-Bedroom Units 30 Units $763 /Unit/Month 274,700 Three-Bedroom Units 23 Units $865 /Unit/Month 238,700 Gross Rent Income $792,900 Laundry and Miscellaneous Income 90 Units $10 /Unit/Month 10,800 Gross Residential Income $803,700 (Less) Vacancy and Collection 5%Gross Residential Income (40,200) Effective Gross Residential Income $763,500 II.Residential Operating Expenses 2 90 Units $5,400 /Unit/Year $486,000 III.Residential Net Operating Income $277,500 1 2 NET OPERATING INCOME: RESIDENTIAL COMPONENT The affordable rents are based on 2021 rents published by TCAC and assume the deduction of the Housing Authority of the County of San Bernardino utility allowance as of 10/1/2020. Assumes the project will apply for a property tax exemption accorded to non-profit housing organizations for units rented to households earning less than 80% of the Area Median Income. Prepared by: Keyser Marston Associates, Inc. File name: RC_Affordability Gap Analyses_8 2 21.xlsx; RC_Nexus_50% AMI; trb Page 516 APPENDIX H - EXHIBIT 2B - TABLE 2 ESTIMATED AFFORDABILITY GAP RENTS @ 50% TCAC MEDIAN 4% TAX CREDIT SCENARIO NON-RESIDENTIAL NEXUS STUDY - AFFORDABILITY GAP ANALYSIS RANCHO CUCAMONGA, CALIFORNIA I.Available Outside Funding Sources A. Tax-Exempt Bond Financing 1 Net Operating Income $277,500 NOI (See Table 2) Income Available for Mortgage 1.20 DCR $231,250 Debt Service Interest Rate 4.5%Interest 6.08%Mortgage Constant Total Tax-Exempt Bond Financing $3,803,000 B. Tax Credit Equity 2 $13,304,000 Total Outside Funding Sources $17,107,000 II.Affordability Gap Calculation Total Outside Funding Sources $17,107,000 Less: Total Development Costs (35,269,000) Additional Developer Fee 3 (1,579,000) Total Affordability Gap ($19,741,000) 90 Units ($219,300)/Unit 99,080 Sf GBA ($199)/Sf 1 Assumes a 30-year amortization period. 2 3 Assumes a 4.00% tax credit rate, a 130% difficult-to-develop premium, and a $0.90 tax credit equity rate. Equal to the $2,500,000 maximum amount allowed by the tax credit qualified allocation plan minus the $921,000 Developer Fee included in the Total Development Costs. Prepared by: Keyser Marston Associates, Inc. File name: RC_Affordability Gap Analyses_8 2 21.xlsx; RC_Nexus_50% AMI; trb Page 517 RANCHO CUCAMONGA, CALIFORNIA NON-RESIDENTIAL NEXUS STUDY - AFFORDABILITY GAP ANALYSIS APPENDIX H - EXHIBIT 2C RENTAL AFFORDABILITY GAP SCENARIOS RENTS @ 60% TCAC MEDIAN 4% TAX CREDIT SCENARIO Prepared by: Keyser Marston Associates, Inc. File name: RC_Affordability Gap Analyses_8 2 21.xlsx; RC_Nexus_60% AMI; trb Page 518 APPENDIX H - EXHIBIT 2C - TABLE 1 ESTIMATED NET OPERATING INCOME RENTS @ 60% TCAC MEDIAN 4% TAX CREDIT SCENARIO NON-RESIDENTIAL NEXUS STUDY - AFFORDABILITY GAP ANALYSIS RANCHO CUCAMONGA, CALIFORNIA I.Rent @ 60% TCAC MEDIAN 1 Manager's Unit (Two-Bedroom)1 Unit $0 /Unit/Month $0 One-Bedroom Units 36 Units $795 /Unit/Month 343,400 Two-Bedroom Units 30 Units $941 /Unit/Month 338,800 Three-Bedroom Units 23 Units $1,071 /Unit/Month 295,600 Gross Rent Income $977,800 Laundry and Miscellaneous Income 90 Units $10 /Unit/Month 10,800 Gross Residential Income $988,600 (Less) Vacancy and Collection 5%Gross Residential Income (49,400) Effective Gross Residential Income $939,200 II.Residential Operating Expenses 2 90 Units $5,400 /Unit/Year $486,000 III.Residential Net Operating Income $453,200 1 2 NET OPERATING INCOME: RESIDENTIAL COMPONENT The affordable rents are based on 2021 rents published by TCAC and assume the deduction of the Housing Authority of the County of San Bernardino utility allowance as of 10/1/2020. Assumes the project will apply for a property tax exemption accorded to non-profit housing organizations for units rented to households earning less than 80% of the Area Median Income. Prepared by: Keyser Marston Associates, Inc. File name: RC_Affordability Gap Analyses_8 2 21.xlsx; RC_Nexus_60% AMI; trb Page 519 APPENDIX H - EXHIBIT 2C - TABLE 2 ESTIMATED AFFORDABILITY GAP RENTS @ 60% TCAC MEDIAN 4% TAX CREDIT SCENARIO NON-RESIDENTIAL NEXUS STUDY - AFFORDABILITY GAP ANALYSIS RANCHO CUCAMONGA, CALIFORNIA I.Available Outside Funding Sources A. Tax-Exempt Bond Financing 1 Net Operating Income $453,200 NOI (See Table 2) Income Available for Mortgage 1.20 DCR $377,667 Debt Service Interest Rate 4.5%Interest 6.08%Mortgage Constant Total Tax-Exempt Bond Financing $6,211,000 B. Tax Credit Equity 2 $13,304,000 Total Outside Funding Sources $19,515,000 II.Affordability Gap Calculation Total Outside Funding Sources $19,515,000 Less: Total Development Costs (35,269,000) Additional Developer Fee 3 (1,579,000) Total Affordability Gap ($17,333,000) 90 Units ($192,600)/Unit 99,080 Sf GBA ($175)/Sf 1 Assumes a 30-year amortization period. 2 3 Assumes a 4.00% tax credit rate, a 130% difficult-to-develop premium, and a $0.90 tax credit equity rate. Equal to the $2,500,000 maximum amount allowed by the tax credit qualified allocation plan minus the $921,000 Developer Fee included in the Total Development Costs. Prepared by: Keyser Marston Associates, Inc. File name: RC_Affordability Gap Analyses_8 2 21.xlsx; RC_Nexus_60% AMI; trb Page 520 APPENDIX H - EXHIBIT 2D RENTAL AFFORDABILITY GAP SCENARIOS RENTS @ 80% TCAC MEDIAN UNLEVERAGED SCENARIO NON-RESIDENTIAL NEXUS STUDY - AFFORDABILITY GAP ANALYSIS RANCHO CUCAMONGA, CALIFORNIA Prepared by: Keyser Marston Associates, Inc. File name: RC_Affordability Gap Analyses_8 2 21.xlsx; RC_Nexus_80% AMI; trb Page 521 APPENDIX H - EXHIBIT 2D - TABLE 1 ESTIMATED NET OPERATING INCOME RENTS @ 80% TCAC MEDIAN UNLEVERAGED SCENARIO NON-RESIDENTIAL NEXUS STUDY - AFFORDABILITY GAP ANALYSIS RANCHO CUCAMONGA, CALIFORNIA I.Rent @ 80% TCAC MEDIAN 1 Manager's Unit (Two-Bedroom)1 Unit $0 /Unit/Month $0 One-Bedroom Units 36 Units $1,092 /Unit/Month 471,700 Two-Bedroom Units 30 Units $1,297 /Unit/Month 466,900 Three-Bedroom Units 23 Units $1,482 /Unit/Month 409,000 Gross Rent Income $1,347,600 Laundry and Miscellaneous Income 90 Units $10 /Unit/Month 10,800 Gross Residential Income $1,358,400 (Less) Vacancy and Collection 5%Gross Residential Income (67,900) Effective Gross Residential Income $1,290,500 II.Residential Operating Expenses 2 90 Units $5,400 /Unit/Year $486,000 III.Residential Net Operating Income $804,500 1 2 NET OPERATING INCOME: RESIDENTIAL COMPONENT The affordable rents are based on 2021 rents published by TCAC and assume the deduction of the Housing Authority of the County of San Bernardino utility allowance as of 10/1/2020. Assumes the project will apply for a property tax exemption accorded to non-profit housing organizations for units rented to households earning less than 80% of the Area Median Income. Prepared by: Keyser Marston Associates, Inc. File name: RC_Affordability Gap Analyses_8 2 21.xlsx; RC_Nexus_80% AMI; trb Page 522 APPENDIX H - EXHIBIT 2D - TABLE 2 ESTIMATED AFFORDABILITY GAP RENTS @ 80% TCAC MEDIAN UNLEVERAGED SCENARIO NON-RESIDENTIAL NEXUS STUDY - AFFORDABILITY GAP ANALYSIS RANCHO CUCAMONGA, CALIFORNIA I.Supportable Private Investment Net Operating Income $804,500 Threshold Stabilized Return 1 6.50% Total Supportable Private Investment $12,377,000 II.Affordability Gap Calculation Total Supportable Private Investment $12,377,000 (Less) Total Development Costs (35,269,000) Total Affordability Gap ($22,892,000) 90 Units ($254,400)/Unit 99,080 Sf GBA ($231)/Sf 1 Based on a 6.5% threshold return. Prepared by: Keyser Marston Associates, Inc. File name: RC_Affordability Gap Analyses_8 2 21.xlsx; RC_Nexus_80% AMI; trb Page 523 RANCHO CUCAMONGA, CALIFORNIA NON-RESIDENTIAL NEXUS STUDY - AFFORDABILITY GAP ANALYSIS APPENDIX H - EXHIBIT 2E RENTAL AFFORDABILITY GAP SCENARIOS RENTS @ 110% TCAC MEDIAN UNLEVERAGED SCENARIO Prepared by: Keyser Marston Associates, Inc. File name: RC_Affordability Gap Analyses_8 2 21.xlsx; RC_Nexus_110% AMI; trb Page 524 APPENDIX H - EXHIBIT 2E - TABLE 1 ESTIMATED NET OPERATING INCOME RENTS @ 110% TCAC MEDIAN UNLEVERAGED SCENARIO NON-RESIDENTIAL NEXUS STUDY - AFFORDABILITY GAP ANALYSIS RANCHO CUCAMONGA, CALIFORNIA I.Rent @ 110% TCAC MEDIAN 1 Manager's Unit (Two-Bedroom)1 Unit $0 /Unit/Month $0 One-Bedroom Units 36 Units $1,535 /Unit/Month 663,100 Two-Bedroom Units 30 Units $1,829 /Unit/Month 658,400 Three-Bedroom Units 23 Units $2,097 /Unit/Month 578,800 Gross Rent Income $1,900,300 Laundry and Miscellaneous Income 90 Units $10 /Unit/Month 10,800 Gross Residential Income $1,911,100 (Less) Vacancy and Collection 5%Gross Residential Income (95,600) Effective Gross Residential Income $1,815,500 II.Residential Operating Expenses General Operating Expenses 90 Units $5,400 /Unit/Year $486,000 Property Taxes 90 Units $2,670 /Unit/Year 240,000 Total Residential Operating Expenses $726,000 III.Residential Net Operating Income $1,089,500 1 2 The residential property tax expense is estimated based on the residential NOI capitalized at a 5.0% rate, and a 1.10% property tax rate. NET OPERATING INCOME: RESIDENTIAL COMPONENT The affordable rents are based on 2021 rents published by TCAC and assume the deduction of the Housing Authority of the County of San Bernardino utility allowance as of 10/1/2020. Prepared by: Keyser Marston Associates, Inc. File name: RC_Affordability Gap Analyses_8 2 21.xlsx; RC_Nexus_110% AMI; trb Page 525 APPENDIX H - EXHIBIT 2E - TABLE 2 ESTIMATED AFFORDABILITY GAP RENTS @ 110% TCAC MEDIAN UNLEVERAGED SCENARIO NON-RESIDENTIAL NEXUS STUDY - AFFORDABILITY GAP ANALYSIS RANCHO CUCAMONGA, CALIFORNIA I.Supportable Private Investment Net Operating Income $1,089,500 Threshold Stabilized Return 1 6.50% Total Supportable Private Investment $16,762,000 II.Affordability Gap Calculation Total Supportable Private Investment $16,762,000 (Less) Total Development Costs (35,269,000) Total Affordability Gap ($18,507,000) 90 Units ($205,600)/Unit 99,080 Sf GBA ($187)/Sf 1 Based on a 6.5% threshold return. Prepared by: Keyser Marston Associates, Inc. File name: RC_Affordability Gap Analyses_8 2 21.xlsx; RC_Nexus_110% AMI; trb Page 526 FINANCIAL FEASIBLITY ANALYSIS OF NON-RESIDENTIAL LINKAGE FEES Prepared for: City of Rancho Cucamonga Prepared by: Keyser Marston Associates, Inc. October 5, 2021 Page 527 TABLE OF CONTENTS I. EXECUTIVE SUMMARY ................................................................................................................1 A. Background .......................................................................................................................... 1 B. Non-Residential Linkage Fee Nexus Analysis ....................................................................... 1 C. Maximum Legally Supportable Non-Residential Linkage Fees ............................................ 2 D. Financially Feasible Non-Residential Linkage Fees .............................................................. 2 II. DETERMINATION OF NON-RESIDENTIAL LAND USE PROTOTYPES .................................................4 III. FINANCIAL FEASIBILITY ANALYSES ...............................................................................................5 A. Common Assumptions ......................................................................................................... 6 B. Retail / Commercial Pro Forma Analyses (Attachment I) .................................................... 6 C. Office Pro Forma Analyses (Attachment II) ....................................................................... 10 D. Industrial Pro Forma Analyses (Attachment III) ................................................................. 13 E. Warehouse Pro Forma Analyses (Attachment IV) ............................................................. 17 F. Research and Development Pro Forma Analyses (Attachment V) .................................... 20 IV. CONCLUSIONS .......................................................................................................................... 24 ATTACHMENTS Summary Tables A & B: Summary of Financial Feasibility Analysis Attachment I: Retail/Commercial Pro Forma Analyses Attachment II: Office Pro Forma Analyses Attachment III: Industrial Pro Forma Analyses Attachment IV: Warehouse Pro Forma Analyses Attachment V: Research and Development Pro Forma Analyses Page 528 Keyser Marston Associates, Inc. Page 1 2109008.RC October 5, 2021 I. EXECUTIVE SUMMARY At your request, Keyser Marston Associates, Inc. (KMA) prepared a financial feasibility analysis of proposed Non-Residential Linkage Fee amounts. This analysis is intended to assist the City of Rancho Cucamonga (City) in evaluating the policy implications for establishing a Non- Residential Linkage Fee Program. This analysis is intended to accompany the Non-Residential Linkage Fee Nexus Study prepared by KMA. A. Background A Non-Residential Linkage Fee is an impact fee that is subject to the requirements imposed by the Mitigation Fee Act. This means that the Non-Residential Linkage Fee must be directly tied to the increased need for affordable housing that is created by the development of new non- residential uses in a community. The fundamental concept is that the development of new non-residential uses will generate new employment, and that a percentage of the new employees will create an increased demand for affordable housing units. The purpose of a Non-Residential Linkage Fee is to apportion the financial responsibility for a part of the increased need for affordable housing to the non-residential uses that create that additional demand. Non-Residential Linkage Fee revenue can only be used to meet the community’s future needs for affordable housing. It is therefore necessary to identify the nexus between new non-residential development and the increased need for affordable housing. It is important to note that Non-Residential Linkage Fee programs are more prevalent in Northern California jurisdictions. Currently, only six Southern California jurisdictions have enacted Non-Residential Linkage Fee programs. These jurisdictions are the Cities of Culver City, Glendale, Los Angeles, West Hollywood, Santa Monica, and San Diego. B. Non-Residential Linkage Fee Nexus Analysis To adopt and implement a Non-Residential Linkage Fee program, it is necessary to document the relationships among the following: 1. The construction of new non-residential uses; 2. The number and type of employees that work in the new non-residential uses; and 3. The increased demand for affordable housing. Page 529 Keyser Marston Associates, Inc. Page 2 2109008.RC October 5, 2021 Jobs in non-residential projects cover a range in compensation levels, and the workers’ households range in size. As a result, housing needs are generated at all affordability levels. To fulfill the Mitigation Fee Act requirements, a nexus analysis must be prepared that quantifies the need for affordable housing created by each type of non-residential use. C. Maximum Legally Supportable Non-Residential Linkage Fees Based on the nexus analysis prepared by KMA, the maximum legally supportable Non- Residential Linkage Fees for the five land uses are as follows: Land Use Fee Per Square Foot of Gross Building Area (GBA) Retail / Commercial $157 Office $162 Industrial $127 Warehouse $37 Research and Development $53 D. Financially Feasible Non-Residential Linkage Fees As indicated in the previous section, the nexus analysis establishes the maximum legally supportable Non-Residential Linkage Fee levels. These amounts reflect the full cost associated with fulfilling the need for affordable housing created by the new non-residential development. However, this does not take into account the impact the Fee will have on the financial feasibility of new development. It is important to establish a balance between the public policy objectives and the economic impact that will be experienced by property owners and developers. To that end, KMA prepared the following financial feasibility analysis to assess the impact of proposed Non-Residential Linkage Fee amounts on each non-residential land use. The most common approach to establishing fee levels is based on comparing the Non- Residential Linkage Fee against the development costs associated with each land use. This approach facilitates an evaluation of whether the amount is likely to affect development decisions. Page 530 Keyser Marston Associates, Inc. Page 3 2109008.RC October 5, 2021 As such, KMA first prepared a base pro forma analysis of each land use prototype that does not include a Non-Residential Linkage Fee. Next, KMA estimated a range of potential Non- Residential Linkage Fees based on a percentage of total development costs ranging from 0.5% to 3% of total development costs. Non-Residential Linkage Fee Per SF as a Percentage of Development Costs (Base Scenario) % Of Development Costs Retail / Commercial Prototype Office Prototype Industrial Prototype Warehouse Prototype Research and Development Prototype 0.5% of Development Costs $2.21 $1.98 $0.70 $0.66 $0.69 1.0% of Development Costs $4.41 $3.96 $1.39 $1.33 $1.38 1.5% of Development Costs $6.62 $5.95 $2.09 $1.99 $2.07 2.0% of Development Costs $8.82 $7.93 $2.78 $2.66 $2.76 2.5% of Development Costs $11.03 $9.91 $3.48 $3.32 $3.45 3.0% of Development Costs $13.23 $11.89 $4.17 $3.99 $4.14 Based on these estimates and discussions with City staff, KMA analyzed the impact on each development prototype’s financial feasibility for the following Non-Residential Linkage Fee amounts: $1 per square foot, $2 per square foot, and $3 per square foot. For reference, to evaluate the financial feasibility of each fee amount, KMA set the threshold return requirements for each development prototype as follows: Threshold Return Requirements Retail / Commercial Prototype Office Prototype Industrial Prototype Warehouse Prototype Research and Development Prototype Feasible Range (Green) ≥ 8.00% ≥ 9.00% ≥ 6.50% ≥ 6.50% ≥ 6.50% Marginally Feasible Range (Yellow) 7.00% - 7.99% 8.00% - 8.99% 6.00% - 6.49% 6.00% - 6.49% 6.00% - 6.49% Infeasible Range (Red) ≤ 6.99% ≤ 7.99% ≤ 5.99% ≤ 5.99% ≤ 5.99% Page 531 Keyser Marston Associates, Inc. Page 4 2109008.RC October 5, 2021 The following table summarizes the results of the financial feasibility analysis: Estimated Returns on Investment By Non-Residential Linkage Fee Amount Retail / Commercial Prototype Office Prototype Industrial Prototype Warehouse Prototype Research and Development Prototype Base: No Linkage Fee 5.67% 3.40% 7.28% 8.16% 6.81% Linkage Fee @ $1/SF 5.65% 3.39% 7.22% 8.10% 6.76% Linkage Fee @ $2/SF 5.64% 3.38% 7.17% 8.03% 6.71% Linkage Fee @ $3/SF 5.63% 3.37% 7.11% 7.97% 6.65% II. DETERMINATION OF NON-RESIDENTIAL LAND USE PROTOTYPES As indicated in the previous section, the nexus analysis establishes the maximum legally supportable Non-Residential Linkage Fee levels. These amounts reflect the full cost associated with fulfilling the need for affordable housing created by the new non-residential development. However, this does not take into account the impact the Non-Residential Linkage Fee will have on the financial feasibility of new development. It is important to establish a balance between the public policy objectives and the economic impact that will be experienced by property owners and developers. Based on a review of development project information provided by City staff, KMA prepared pro forma analyses for five non-residential prototypical projects representative of non- residential product types anticipated to be developed in Rancho Cucamonga in the near-term. These prototypes are utilized as the basis for which to test the impact of potential linkage fees on financial feasibility. KMA analyzed the following non-residential land uses: 1. Retail / Commercial Prototype 2. Office Prototype 3. Industrial Prototype 4. Warehouse Prototype Page 532 Keyser Marston Associates, Inc. Page 5 2109008.RC October 5, 2021 5. Research and Development (R&D) Prototype The scope of development for each prototype is as follows: Scopes of Development Retail / Commercial Prototype Office Prototype Industrial Prototype Warehouse Prototype Research and Development Prototype Site Area (SF) 45,000 60,000 250,000 250,000 200,000 Gross Building Area (SF) 12,000 28,750 100,000 100,000 100,000 FAR 0.27 0.48 0.40 0.40 0.50 Number of Parking Spaces 84 115 210 64 300 III. FINANCIAL FEASIBILITY ANALYSES KMA prepared pro forma analyses for each of the five development prototypes summarized above. The KMA pro forma analyses are described in the following sections of this memorandum. The analyses are presented in Attachments I – V – Appendices A – D. Each pro forma is organized as follows: Table 1: Estimated Development Costs Table 2: Estimated Stabilized Net Operating Income and Return on Investment For each of the five development prototypes, KMA first prepared a pro forma analysis of a Base Scenario, which does not include a Non-Residential Linkage Fee (Attachments I – V – Appendix A). This Base Scenario was utilized to estimate a range of potential Non-Residential Linkage Fee amounts that could be charged to each land use (based on a percentage of total development costs). Upon identification of a range of potential Non-Residential Linkage Fee amounts, KMA worked with City staff to define specific fee amounts for financial feasibility testing. In the subsequent pro forma analyses (Attachments I – V – Appendices B – D), KMA analyzed the impact of imposing these specific Non-Residential Linkage Fee amounts on the financial feasibility of each development prototype. Page 533 Keyser Marston Associates, Inc. Page 6 2109008.RC October 5, 2021 The following sections describe the assumptions utilized in the KMA pro forma analyses. A. Common Assumptions A number of assumptions are applied throughout the analyses of the five development prototypes. These common assumptions are: Direct Construction Costs 1. The site acquisition costs are estimated at $20 per square foot of land area based on a review of land sales comparables researched by KMA. 2. It is assumed that each development prototype will consist of surface parking. The parking costs are estimated at $2,500 per surface parking space. 3. The contractor costs, inclusive of overhead, profit, general conditions, builder’s risk insurance and direct cost contingency allowance, are estimated at 20% of the other indirect costs. Indirect Construction Costs 1. The taxes, insurance, legal and accounting costs are estimated at 3% of direct costs. 2. The development management fee is set at 4% of direct costs. 3. A soft cost contingency allowance equal to 5% of other indirect costs is provided. Financing Costs 1. The construction loan interest rate is set at 4.5%. 2. The permanent loan financing fees are set at 2.50 points. B. Retail / Commercial Pro Forma Analyses (Attachment I) The following summarizes the pro forma analyses prepared for the Retail/Commercial Prototype. Page 534 Keyser Marston Associates, Inc. Page 7 2109008.RC October 5, 2021 Estimated Development Costs The following summarizes the development cost assumptions utilized for the Retail/Commercial Prototype: 1. The site improvement costs are estimated at $7 per square foot of land area. 2. The building costs are estimated at $150 per square foot of retail/commercial GBA. 3. The tenant improvement costs are estimated at $30 per square foot of retail/commercial GBA. 4. The architecture, engineering and consulting costs are estimated at 6% of direct costs. 5. Per discussions with City staff, KMA estimated the public permits and fees at $25 per square foot of retail/commercial GBA. 6. The marketing and leasing costs are estimated at $6.00 per square foot of retail/commercial GBA. As such, KMA estimates the Retail/Commercial Prototype’s total development costs for the Base Scenario as follows: Retail / Commercial Prototype Total Development Costs Base Scenario Total Acquisition Costs $900,000 Total Direct Costs 3,150,000 Total Indirect Costs 821,000 Total Financing Costs 421,000 Total Development Costs $5,292,000 Per SF Retail/Commercial GBA $441 Potential Non-Residential Linkage Fees To estimate the potential Non-Residential Linkage Fees that could be applied to retail/commercial land uses, KMA calculated a range of fee amounts based on between 0.5% - Page 535 Keyser Marston Associates, Inc. Page 8 2109008.RC October 5, 2021 3.0% of the Base Scenario’s total development costs. The following table summarizes the range of potential Non-Residential Linkage Fees: Retail / Commercial Land Use % of Total Development Costs Non-Residential Linkage Fee Per SF GBA 0.5% of Total Development Costs $2.21 / SF 1.0% of Total Development Costs $4.41 / SF 1.5% of Total Development Costs $6.62 / SF 2.0% of Total Development Costs $8.82 / SF 2.5% of Total Development Costs $11.03 / SF 3.0% of Total Development Costs $13.23 / SF Estimated Net Operating Income The Retail/Commercial Prototype’s net operating income (NOI) is estimated based on the following: 1. The retail/commercial lease rate is set at $27 per square foot per year, which equates to $2.25 per square foot per month and assumes a NNN lease. 2. The common area maintenance (CAM) reimbursements are estimated at $10 per square foot per year. 3. A vacancy and collection allowance is set at 5% of the gross retail/commercial income. 4. The CAM expenses are estimated at $10 per square foot per year. 5. The capital reserves are estimated at $0.15 per square foot per year. The retail/commercial NOI is estimated at $300,000 as follows: Page 536 Keyser Marston Associates, Inc. Page 9 2109008.RC October 5, 2021 Retail / Commercial NOI Effective Gross Income $422,000 (Less) Operating Expenses (122,000) Estimated Retail/Commercial NOI $300,000 Estimated Return on Investment of Base Scenario The return on investment is estimated by dividing the NOI by the total development costs. As such, the return on investment for the Base Scenario of the Retail/Commercial Prototype is estimated as follows: Retail / Commercial Return on Investment (Base Scenario) Estimated Retail/Commercial NOI $300,000 Estimated Development Costs $5,292,000 Return on Investment – Retail/Commercial Prototype 5.7% However, KMA estimates that a retail/commercial project would likely require a return on investment of at least 8% to be financially feasible. The following table summarizes the likely return on investment ranges to evaluate financial feasibility: Feasibility Thresholds – Retail / Commercial Projects Feasible Range 8.0% and Above Marginally Feasible Range 7.00% - 7.99% Infeasible Range 6.99% and Below As such, KMA concludes that retail/commercial development projects are likely infeasible based on current development costs and lease rates. Page 537 Keyser Marston Associates, Inc. Page 10 2109008.RC October 5, 2021 Impacts on Financial Feasibility of Proposed Non-Residential Linkage Fee Based on a review of potential Non-Residential Linkage Fee amounts, City staff requested that KMA analyze the impacts on financial feasibility of Non-Residential Linkage Fees at: $1 per square foot of GBA; $2 per square foot of GBA; and $3 per square foot of GBA. The following table summarizes the results of these analyses: Retail / Commercial Prototype Non-Residential Linkage Fee Amount Estimated Return on Investment Base Scenario: No Non-Residential Linkage Fee 5.67% Non-Residential Linkage Fee at $1.00 per SF 5.65% Non-Residential Linkage Fee at $2.00 per SF 5.64% Non-Residential Linkage Fee at $3.00 per SF 5.63% As such, the imposition of Non-Residential Linkage Fees on the Retail/Commercial Prototype has a minimal impact on financial feasibility. However, it is important to note that retail/commercial land uses are currently likely to be financially infeasible even without the imposition of a Non-Residential Linkage Fee. C. Office Pro Forma Analyses (Attachment II) The following summarizes the pro forma analyses prepared for the Office Prototype. Estimated Development Costs The following summarizes the development cost assumptions utilized for the Office Prototype: 1. The site improvement costs are estimated at $7 per square foot of land area. 2. The building costs are estimated at $150 per square foot of office GBA. 3. The tenant improvement costs are estimated at $50 per square foot of office GBA. 4. The architecture, engineering and consulting costs are estimated at 6% of direct costs. Page 538 Keyser Marston Associates, Inc. Page 11 2109008.RC October 5, 2021 5. Per discussions with City staff, KMA estimated the public permits and fees at $21 per square foot of office GBA. 6. The marketing and leasing costs are estimated at $6.00 per square foot of office GBA. As such, KMA estimates the Office Prototype’s total development costs for the Base Scenario as follows: Office Prototype Total Development Costs Base Scenario Total Acquisition Costs $1,200,000 Total Direct Costs 7,751,000 Total Indirect Costs 1,861,000 Total Financing Costs 584,000 Total Development Costs $11,396,000 Per SF Office GBA $396 Potential Non-Residential Linkage Fees To estimate the potential Non-Residential Linkage Fees that could be applied to office land uses, KMA calculated a range of fee amounts based on between 0.5% - 3.0% of the Base Scenario’s total development costs. The following table summarizes the range of potential Non-Residential Linkage Fees: Office Land Use % of Total Development Costs Non-Residential Linkage Fee Per SF GBA 0.5% of Total Development Costs $1.98 / SF 1.0% of Total Development Costs $3.96 / SF 1.5% of Total Development Costs $5.95 / SF 2.0% of Total Development Costs $7.93 / SF 2.5% of Total Development Costs $9.91 / SF 3.0% of Total Development Costs $11.89 / SF Page 539 Keyser Marston Associates, Inc. Page 12 2109008.RC October 5, 2021 Estimated Net Operating Income The Office Prototype’s NOI is estimated based on the following: 1. The office lease rate is set at $27 per square foot per year, which equates to $2.25 per square foot per month and assumes a Full Service Gross lease. 2. A vacancy and collection allowance is set at 5% of the gross office income. 3. The operating expenses are estimated at $10 per square foot per year. 4. The capital reserves are estimated at $0.15 per square foot per year. The office NOI is estimated at $387,000 as follows: Office NOI Effective Gross Income $641,000 (Less) Operating Expenses (254,000) Estimated Office NOI $387,000 Estimated Return on Investment of Base Scenario The return on investment is estimated by dividing the NOI by the total development costs. As such, the return on investment for the Base Scenario of the Office Prototype is estimated as follows: Office Return on Investment (Base Scenario) Estimated Office NOI $387,000 Estimated Development Costs $11,396,000 Return on Investment – Office Prototype 3.4% However, KMA estimates that an office project would likely require a return on investment of at least 9% to be financially feasible. The following table summarizes the likely return on investment ranges to evaluate financial feasibility: Page 540 Keyser Marston Associates, Inc. Page 13 2109008.RC October 5, 2021 Feasibility Thresholds – Office Projects Feasible Range 9.0% and Above Marginally Feasible Range 8.00% - 8.99% Infeasible Range 7.99% and Below As such, KMA concludes that office development projects are likely infeasible based on current development costs and lease rates. Impacts on Financial Feasibility of Proposed Non-Residential Linkage Fee Based on a review of potential Non-Residential Linkage Fee amounts, City staff requested that KMA analyze the impacts on financial feasibility of Non-Residential Linkage Fees at: $1 per square foot of GBA; $2 per square foot of GBA; and $3 per square foot of GBA. The following table summarizes the results of these analyses: Office Prototype Non-Residential Linkage Fee Amount Estimated Return on Investment Base Scenario: No Non-Residential Linkage Fee 3.40% Non-Residential Linkage Fee at $1.00 per SF 3.39% Non-Residential Linkage Fee at $2.00 per SF 3.38% Non-Residential Linkage Fee at $3.00 per SF 3.37% As such, the imposition of Non-Residential Linkage Fees on the Office Prototype has a minimal impact on financial feasibility. However, it is important to note that office land uses are currently likely to be financially infeasible even without the imposition of a Non-Residential Linkage Fee. D. Industrial Pro Forma Analyses (Attachment III) The following summarizes the pro forma analyses prepared for the Industrial Prototype. Page 541 Keyser Marston Associates, Inc. Page 14 2109008.RC October 5, 2021 Estimated Development Costs The following summarizes the development cost assumptions utilized for the Industrial Prototype: 1. The site improvement costs are estimated at $3 per square foot of land area. 2. The building costs are estimated at $30 per square foot of industrial GBA. 3. The tenant improvement costs are estimated at $5 per square foot of industrial GBA. 4. The architecture, engineering and consulting costs are estimated at 3% of direct costs. 5. Per discussions with City staff, KMA estimated the public permits and fees at $13 per square foot of industrial GBA. 6. The marketing and leasing costs are estimated at $3.00 per square foot of industrial GBA. As such, KMA estimates the Industrial Prototype’s total development costs for the Base Scenario as follows: Industrial Prototype Total Development Costs Base Scenario Total Acquisition Costs $5,000,000 Total Direct Costs 5,730,000 Total Indirect Costs 2,247,000 Total Financing Costs 926,000 Total Development Costs $13,903,000 Per SF Industrial GBA $139 Potential Non-Residential Linkage Fees To estimate the potential Non-Residential Linkage Fees that could be applied to industrial land uses, KMA calculated a range of fee amounts based on between 0.5% - 3.0% of the Base Page 542 Keyser Marston Associates, Inc. Page 15 2109008.RC October 5, 2021 Scenario’s total development costs. The following table summarizes the range of potential Non-Residential Linkage Fees: Industrial Land Use % of Total Development Costs Non-Residential Linkage Fee Per SF GBA 0.5% of Total Development Costs $0.70 / SF 1.0% of Total Development Costs $1.39 / SF 1.5% of Total Development Costs $2.09 / SF 2.0% of Total Development Costs $2.78 / SF 2.5% of Total Development Costs $3.48 / SF 3.0% of Total Development Costs $4.17 / SF Estimated Net Operating Income The Industrial Prototype’s NOI is estimated based on the following: 1. The industrial lease rate is set at $12 per square foot per year, which equates to $1.00 per square foot per month and assumes a Modified Gross lease. 2. The CAM reimbursements are set at $2.50 per square foot per year. 3. A vacancy and collection allowance is set at 5% of the gross industrial income. 4. The operating expenses are estimated at $3.50 per square foot per year. 5. The capital reserves are estimated at $0.15 per square foot per year. The industrial NOI is estimated at $1.01 million as follows: Industrial NOI Effective Gross Income $1,377,000 (Less) Operating Expenses (365,000) Estimated Industrial NOI $1,012,000 Page 543 Keyser Marston Associates, Inc. Page 16 2109008.RC October 5, 2021 Estimated Return on Investment of Base Scenario The return on investment is estimated by dividing the NOI by the total development costs. As such, the return on investment for the Base Scenario of the Industrial Prototype is estimated as follows: Industrial Return on Investment (Base Scenario) Estimated Industrial NOI $1,012,000 Estimated Development Costs $13,903,000 Return on Investment – Industrial Prototype 7.3% KMA estimates that an industrial project would likely require a return on investment of at least 6.50% to be financially feasible. The following table summarizes the likely return on investment ranges to evaluate financial feasibility: Feasibility Thresholds – Industrial Projects Feasible Range 6.50% and Above Marginally Feasible Range 6.00% - 6.49% Infeasible Range 5.99% and Below As such, KMA concludes that industrial development projects are financially feasible based on current development costs and lease rates. Impacts on Financial Feasibility of Proposed Non-Residential Linkage Fee Based on a review of potential Non-Residential Linkage Fee amounts, City staff requested that KMA analyze the impacts on financial feasibility of Non-Residential Linkage Fees at: $1 per square foot of GBA; $2 per square foot of GBA; and $3 per square foot of GBA. The following table summarizes the results of these analyses: Page 544 Keyser Marston Associates, Inc. Page 17 2109008.RC October 5, 2021 Industrial Prototype Non-Residential Linkage Fee Amount Estimated Return on Investment Base Scenario: No Non-Residential Linkage Fee 7.28% Non-Residential Linkage Fee at $1.00 per SF 7.22% Non-Residential Linkage Fee at $2.00 per SF 7.17% Non-Residential Linkage Fee at $3.00 per SF 7.11% As such, the imposition of Non-Residential Linkage Fees on the Industrial Prototype has a minimal impact on financial feasibility. In addition, KMA concludes that an industrial project would likely be financially feasible at each of the proposed Non-Residential Linkage Fee amounts. E. Warehouse Pro Forma Analyses (Attachment IV) The following summarizes the pro forma analyses prepared for the Warehouse Prototype. Estimated Development Costs The following summarizes the development cost assumptions utilized for the Warehouse Prototype: 1. The site improvement costs are estimated at $3 per square foot of land area. 2. The building costs are estimated at $30 per square foot of warehouse GBA. 3. The tenant improvement costs are estimated at $5 per square foot of warehouse GBA. 4. The architecture, engineering and consulting costs are estimated at 3% of direct costs. 5. Per discussions with City staff, KMA estimated the public permits and fees at $11 per square foot of warehouse GBA. 6. The marketing and leasing costs are estimated at $3.00 per square foot of warehouse GBA. Page 545 Keyser Marston Associates, Inc. Page 18 2109008.RC October 5, 2021 As such, KMA estimates the Warehouse Prototype’s total development costs for the Base Scenario as follows: Warehouse Prototype Total Development Costs Base Scenario Total Acquisition Costs $5,000,000 Total Direct Costs 5,291,000 Total Indirect Costs 2,069,000 Total Financing Costs 930,000 Total Development Costs $13,290,000 Per SF Warehouse GBA $133 Potential Non-Residential Linkage Fees To estimate the potential Non-Residential Linkage Fees that could be applied to warehouse land uses, KMA calculated a range of fee amounts based on between 0.5% - 3.0% of the Base Scenario’s total development costs. The following table summarizes the range of potential Non-Residential Linkage Fees: Warehouse Land Use % of Total Development Costs Non-Residential Linkage Fee Per SF GBA 0.5% of Total Development Costs $0.66 / SF 1.0% of Total Development Costs $1.33 / SF 1.5% of Total Development Costs $1.99 / SF 2.0% of Total Development Costs $2.66 / SF 2.5% of Total Development Costs $3.32 / SF 3.0% of Total Development Costs $3.99 / SF Estimated Net Operating Income The Warehouse Prototype’s NOI is estimated based on the following: Page 546 Keyser Marston Associates, Inc. Page 19 2109008.RC October 5, 2021 1. The warehouse lease rate is set at $12 per square foot per year, which equates to $1.00 per square foot per month and assumes a Modified Gross lease. 2. The CAM reimbursements are set at $2.50 per square foot per year. 3. A vacancy and collection allowance is not included. 4. The operating expenses are estimated at $3.50 per square foot per year. 5. The capital reserves are estimated at $0.15 per square foot per year. The warehouse NOI is estimated at $1.01 million as follows: Warehouse NOI Effective Gross Income $1,450,000 (Less) Operating Expenses (365,000) Estimated Warehouse NOI $1,085,000 Estimated Return on Investment of Base Scenario The return on investment is estimated by dividing the NOI by the total development costs. As such, the return on investment for the Base Scenario of the Warehouse Prototype is estimated as follows: Warehouse Return on Investment (Base Scenario) Estimated Warehouse NOI $1,085,000 Estimated Development Costs $13,290,000 Return on Investment – Warehouse Prototype 8.2% KMA estimates that a warehouse project would likely require a return on investment of at least 6.50% to be financially feasible. The following table summarizes the likely return on investment ranges to evaluate financial feasibility: Page 547 Keyser Marston Associates, Inc. Page 20 2109008.RC October 5, 2021 Feasibility Thresholds – Warehouse Projects Feasible Range 6.50% and Above Marginally Feasible Range 6.00% - 6.49% Infeasible Range 5.99% and Below As such, KMA concludes that warehouse development projects are financially feasible based on current development costs and lease rates. Impacts on Financial Feasibility of Proposed Non-Residential Linkage Fee Based on a review of potential Non-Residential Linkage Fee amounts, City staff requested that KMA analyze the impacts on financial feasibility of Non-Residential Linkage Fees at: $1 per square foot of GBA; $2 per square foot of GBA; and $3 per square foot of GBA. The following table summarizes the results of these analyses: Warehouse Prototype Non-Residential Linkage Fee Amount Estimated Return on Investment Base Scenario: No Non-Residential Linkage Fee 8.16% Non-Residential Linkage Fee at $1.00 per SF 8.10% Non-Residential Linkage Fee at $2.00 per SF 8.03% Non-Residential Linkage Fee at $3.00 per SF 7.97% As such, the imposition of Non-Residential Linkage Fees on the Warehouse Prototype has a minimal impact on financial feasibility. In addition, KMA concludes that a warehouse project would likely be financially feasible at each of the proposed Non-Residential Linkage Fee amounts. F. Research and Development Pro Forma Analyses (Attachment V) The following summarizes the pro forma analyses prepared for the R&D Prototype. Page 548 Keyser Marston Associates, Inc. Page 21 2109008.RC October 5, 2021 Estimated Development Costs The following summarizes the development cost assumptions utilized for the R&D Prototype: 1. The site improvement costs are estimated at $3 per square foot of land area. 2. The building costs are estimated at $30 per square foot of R&D GBA. 3. The tenant improvement costs are estimated at $5 per square foot of R&D GBA. 4. The architecture, engineering and consulting costs are estimated at 3% of direct costs. 5. Per discussions with City staff, KMA estimated the public permits and fees at $21 per square foot of R&D GBA. 6. The marketing and leasing costs are estimated at $3.00 per square foot of R&D GBA. As such, KMA estimates the R&D Prototype’s total development costs for the Base Scenario as follows: R&D Prototype Total Development Costs Base Scenario Total Acquisition Costs $4,000,000 Total Direct Costs 5,820,000 Total Indirect Costs 3,085,000 Total Financing Costs 894,000 Total Development Costs $13,799,000 Per SF R&D GBA $138 Potential Non-Residential Linkage Fees To estimate the potential Non-Residential Linkage Fees that could be applied to R&D land uses, KMA calculated a range of fee amounts based on between 0.5% - 3.0% of the Base Scenario’s total development costs. The following table summarizes the range of potential Non- Residential Linkage Fees: Page 549 Keyser Marston Associates, Inc. Page 22 2109008.RC October 5, 2021 R&D Land Use % of Total Development Costs Non-Residential Linkage Fee Per SF GBA 0.5% of Total Development Costs $0.69 / SF 1.0% of Total Development Costs $1.38 / SF 1.5% of Total Development Costs $2.07 / SF 2.0% of Total Development Costs $2.76 / SF 2.5% of Total Development Costs $3.45 / SF 3.0% of Total Development Costs $4.14 / SF Estimated Net Operating Income The R&D Prototype’s NOI is estimated based on the following: 1. The R&D lease rate is set at $12 per square foot per year, which equates to $1.00 per square foot per month and assumes a Modified Gross lease. 2. The CAM reimbursements are set at $2.50 per square foot per year. 3. A vacancy and collection allowance is set at 10% of gross R&D revenue. 4. The operating expenses are estimated at $3.50 per square foot per year. 5. The capital reserves are estimated at $0.15 per square foot per year. The R&D NOI is estimated at $940,000 as follows: R&D NOI Effective Gross Income $1,305,000 (Less) Operating Expenses (365,000) Estimated R&D NOI $940,000 Page 550 Keyser Marston Associates, Inc. Page 23 2109008.RC October 5, 2021 Estimated Return on Investment of Base Scenario The return on investment is estimated by dividing the NOI by the total development costs. As such, the return on investment for the Base Scenario of the R&D Prototype is estimated as follows: R&D Return on Investment (Base Scenario) Estimated R&D NOI $940,000 Estimated Development Costs $13,799,000 Return on Investment – R&D Prototype 6.8% KMA estimates that a R&D project would likely require a return on investment of at least 6.50% to be financially feasible. The following table summarizes the likely return on investment ranges to evaluate financial feasibility: Feasibility Thresholds – R&D Projects Feasible Range 6.50% and Above Marginally Feasible Range 6.00% - 6.49% Infeasible Range 5.99% and Below As such, KMA concludes that R&D development projects are financially feasible based on current development costs and lease rates. However, R&D projects require a specific subset of tenants/users. Thus, speculative development projects for R&D uses are unlikely. Impacts on Financial Feasibility of Proposed Non-Residential Linkage Fee Based on a review of potential Non-Residential Linkage Fee amounts, City staff requested that KMA analyze the impacts on financial feasibility of Non-Residential Linkage Fees at: $1 per square foot of GBA; $2 per square foot of GBA; and $3 per square foot of GBA. The following table summarizes the results of these analyses: Page 551 Keyser Marston Associates, Inc. Page 24 2109008.RC October 5, 2021 R&D Prototype Non-Residential Linkage Fee Amount Estimated Return on Investment Base Scenario: No Non-Residential Linkage Fee 6.81% Non-Residential Linkage Fee at $1.00 per SF 6.76% Non-Residential Linkage Fee at $2.00 per SF 6.71% Non-Residential Linkage Fee at $3.00 per SF 6.65% As such, the imposition of Non-Residential Linkage Fees on the R&D Prototype has a minimal impact on financial feasibility. In addition, KMA concludes that a R&D project would likely be financially feasible at each of the proposed Non-Residential Linkage Fee amounts. However, it is important to note that R&D projects require a specific subset of tenants/users. Thus, speculative development projects for R&D uses are unlikely to occur. IV. CONCLUSIONS The following table summarizes the results of the financial feasibility analyses (green shading denotes scenarios that are financially feasible and red shading denotes scenarios that are not financially feasible): Estimated Returns on Investment By Non-Residential Linkage Fee Amount Retail / Commercial Prototype Office Prototype Industrial Prototype Warehouse Prototype Research and Development Prototype Base: No Linkage Fee 5.67% 3.40% 7.28% 8.16% 6.81% Linkage Fee @ $1/SF 5.65% 3.39% 7.22% 8.10% 6.76% Linkage Fee @ $2/SF 5.64% 3.38% 7.17% 8.03% 6.71% Linkage Fee @ $3/SF 5.63% 3.37% 7.11% 7.97% 6.65% Page 552 Keyser Marston Associates, Inc. Page 25 2109008.RC October 5, 2021 ATTACHMENTS Page 553 SUMMARY TABLE A FINANCIAL FEASIBILITY ANALYSIS NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS RANCHO CUCAMONGA, CALIFORNIA Retail / Commercial Prototype Office Prototype Industrial Prototype Warehouse Prototype Research and Development Prototype I.Scope of Development Site Area (SF)45,000 60,000 250,000 250,000 200,000 Gross Building Area (SF)12,000 28,750 100,000 1 100,000 1 100,000 FAR 0.27 0.48 0.40 0.40 0.50 Number of Parking Spaces 84 115 210 64 300 II.Total Development Costs - Base Scenario Site Acquisition Costs $900,000 $1,200,000 $5,000,000 $5,000,000 $4,000,000 Total Direct Costs 3,150,000 7,751,000 5,730,000 5,291,000 5,820,000 Total Indirect Costs 821,000 1,861,000 2,247,000 2,069,000 3,085,000 Total Financing Costs 421,000 584,000 926,000 930,000 894,000 Total Development Costs $5,292,000 $11,396,000 $13,903,000 $13,290,000 $13,799,000 Per SF of GBA $441 $396 $139 $133 $138 III.Estimate Lease Rates Estimated Annual Lease Rate $27 $27 $12 $12 $12 Type of Lease NNN Full Service Gross Modified Gross Modified Gross Modified Gross IV.Estimated Net Operating Income $300,000 $387,000 $1,012,000 $1,085,000 $940,000 V.Estimated Return on Cost (Base Scenario) Estimated Net Operating Income $300,000 $387,000 $1,012,000 $1,085,000 $940,000 Total Development Costs $5,292,000 $11,396,000 $13,903,000 $13,290,000 $13,799,000 Estimated Return on Cost 5.7%3.4%7.3%8.2%6.8% VI.Non-Residential Linkage Fee Per SF as a Percentage of Development Costs (Base Scenario) 0.5% of Development Costs $2.21 $1.98 $0.70 $0.66 $0.69 1.0% of Development Costs $4.41 $3.96 $1.39 $1.33 $1.38 1.5% of Development Costs $6.62 $5.95 $2.09 $1.99 $2.07 2.0% of Development Costs $8.82 $7.93 $2.78 $2.66 $2.76 2.5% of Development Costs $11.03 $9.91 $3.48 $3.32 $3.45 3.0% of Development Costs $13.23 $11.89 $4.17 $3.99 $4.14 1 Includes 5,000 square feet of office space and 95,000 square feet of industrial/warehouse space. Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; SUMMARY_For Printing; trb Page 554 SUMMARY TABLE B FINANCIAL FEASIBILITY ANALYSIS NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS RANCHO CUCAMONGA, CALIFORNIA Retail / Commercial Prototype Office Prototype Industrial Prototype Warehouse Prototype Research and Development Prototype I. Threshold Return Requirements Feasible Range (Green)8.00% and Above 9.00% and Above 6.50% and Above 6.50% and Above 6.50% and Above Marginally Feasible Range (Yellow)7.00% - 7.99%8.00% - 8.99%6.00% - 6.49%6.00% - 6.49%6.00% - 6.49% Infeasible Range (Red)6.99% and Below 7.99% and Below 5.99% and Below 5.99% and Below 5.99% and Below II.Non-Residential Linkage Fees - Financial Feasibility Results Base Scenario: No Non-Residential Linkage Fee 5.67%3.40%7.28%8.16%6.81% Non-Residential Linkage Fee @ $1/SF Scenario 5.65%3.39%7.22%8.10%6.76% Non-Residential Linkage Fee @ $2/SF Scenario 5.64%3.38%7.17%8.03%6.71% Non-Residential Linkage Fee @ $3/SF Scenario 5.63%3.37%7.11%7.97%6.65% Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; SUMMARY_For Printing; trb Page 555 RANCHO CUCAMONGA, CALIFORNIA ATTACHMENT I RETAIL / COMMERCIAL PROTOTYPE NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; ATT I_TITLE; trb Page 556 NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS ATTACHMENT I - APPENDIX A RETAIL / COMMERCIAL PROTOTYPE BASE SCENARIO: NO NON-RESIDENTIAL LINKAGE FEE Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; Retail_Comm_BASE; trb Page 557 ATTACHMENT I - APPENDIX A - TABLE 1 ESTIMATED DEVELOPMENT COSTS RETAIL / COMMERCIAL PROTOTYPE BASE SCENARIO: NO NON-RESIDENTIAL LINKAGE FEE 12,000 SF RETAIL/COMMERCIAL GBA NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS RANCHO CUCAMONGA, CALIFORNIA I.Site Acquisition Costs 45,000 Sf Land $20 /Sf Land $900,000 II.Direct Costs 1 Site Improvement Costs 45,000 Sf Land $7 /Sf Land $315,000 Surface Parking Costs 84 Spaces $2,500 /Space 210,000 Building Costs 12,000 Sf Retail/Comm GBA $150 /Sf Retail/Comm GBA 1,800,000 Tenant Improvement Costs 12,000 Sf Retail/Comm GBA $25 /Sf Retail/Comm GBA 300,000 Contractor Costs 20.0%Other Direct Costs 525,000 Total Direct Costs 12,000 Sf Retail/Comm GBA $263 /Sf Retail/Comm GBA $3,150,000 III.Indirect Costs Architecture, Engineering & Consulting 6.0%Direct Costs $189,000 Public Permits & Fees/Impact Fees 2 12,000 Sf Retail/Comm GBA $25 /Sf Retail/Comm GBA 300,000 Non-Residential Linkage Fee 12,000 Sf Retail/Comm GBA $0 /Sf Retail/Comm GBA 0 Taxes, Insurance, Legal & Accounting 3.0%Direct Costs 95,000 Marketing & Leasing Costs 12,000 Sf Retail/Comm GBA $6.00 /Sf Retail/Comm GBA 72,000 Development Management 4.0%Direct Costs 126,000 Contingency Allowance 5.0%Other Indirect Costs 39,000 Total Indirect Costs $821,000 IV.Financing Costs Construction Loan Interest 3 $5,292,000 Financed 4.50%Interest $333,000 Financing Fees Permanent Loan 70.00%Loan to Value 2.50 Points 88,000 Total Financing Costs $421,000 V.Total Construction Costs 12,000 Sf Retail/Comm GBA $366 /Sf Retail/Comm GBA $4,392,000 Total Development Costs 12,000 Sf Retail/Comm GBA $441 /Sf Retail/Comm GBA $5,292,000 VI.Non-Residential Linkage Fee Per SF as a Percentage of Development Costs 0.5% of Development Costs $2.21 1.0% of Development Costs $4.41 1.5% of Development Costs $6.62 2.0% of Development Costs $8.82 2.5% of Development Costs $11.03 3.0% of Development Costs $13.23 1 2 3 Based on impact fee estimates provided by City staff. KMA included $5/sf for other public permits and fees. City staff should verify the accuracy of this estimate. Direct costs assume prevailing wage requirements will not be imposed on the Project. Assumes an 18-month construction period with a 60% average outstanding balance, and a 6-month absorption period with a 100% average outstanding balance. Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; Retail_Comm_BASE; trb Page 558 ATTACHMENT I - APPENDIX A - TABLE 2 ESTIMATED STABILIZED NET OPERATING INCOME & RETURN ON INVESTMENT RETAIL / COMMERCIAL PROTOTYPE BASE SCENARIO: NO NON-RESIDENTIAL LINKAGE FEE 12,000 SF RETAIL/COMMERCIAL GBA NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS RANCHO CUCAMONGA, CALIFORNIA I.Retail / Commercial Revenue 1 Lease Revenue 12,000 Sf Retail/Comm GBA $27 /Sf Retail/Comm GBA $324,000 CAM Reimbursements 12,000 Sf Retail/Comm GBA $10 /Sf Retail/Comm GBA 120,000 Gross Retail / Commercial Revenue $444,000 (Less) Vacancy & Collection Allowance 5%Gross Retail / Commercial Revenue (22,000) Effective Gross Income $422,000 II.Retail / Commercial Operating Expenses CAM Expenses 12,000 Sf Retail/Comm GBA $10 /Sf Retail/Comm GBA $120,000 Reserves 12,000 Sf Retail/Comm GBA $0.15 /Sf Retail/Comm GBA 2,000 Retail / Commercial Operating Expenses $122,000 III.Residential Net Operating Income $300,000 IV.Estimated Return on Investment Net Operating Income $300,000 Total Development Costs See ATTACHMENT I - APPENDIX A - TABLE 1 $5,292,000 V.Return on Investment 5.7% 1 Assumes a NNN lease. Equates to $2.25/sf/month. Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; Retail_Comm_BASE; trb Page 559 ATTACHMENT I - APPENDIX B RETAIL / COMMERCIAL PROTOTYPE NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS NON-RESIDENTIAL LINKAGE FEE @ $1/SF SCENARIO Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; Retail_Comm_$1; trb Page 560 ATTACHMENT I - APPENDIX B - TABLE 1 ESTIMATED DEVELOPMENT COSTS RETAIL / COMMERCIAL PROTOTYPE NON-RESIDENTIAL LINKAGE FEE @ $1/SF SCENARIO 12,000 SF RETAIL/COMMERCIAL GBA NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS RANCHO CUCAMONGA, CALIFORNIA I.Site Acquisition Costs 45,000 Sf Land $20 /Sf Land $900,000 II.Direct Costs 1 Site Improvement Costs 45,000 Sf Land $7 /Sf Land $315,000 Surface Parking Costs 84 Spaces $2,500 /Space 210,000 Building Costs 12,000 Sf Retail/Comm GBA $150 /Sf Retail/Comm GBA 1,800,000 Tenant Improvement Costs 12,000 Sf Retail/Comm GBA $25 /Sf Retail/Comm GBA 300,000 Contractor Costs 20.0%Other Direct Costs 525,000 Total Direct Costs 12,000 Sf Retail/Comm GBA $263 /Sf Retail/Comm GBA $3,150,000 III.Indirect Costs Architecture, Engineering & Consulting 6.0%Direct Costs $189,000 Public Permits & Fees/Impact Fees 2 12,000 Sf Retail/Comm GBA $25 /Sf Retail/Comm GBA 300,000 Non-Residential Linkage Fee 12,000 Sf Retail/Comm GBA $1 /Sf Retail/Comm GBA 12,000 Taxes, Insurance, Legal & Accounting 3.0%Direct Costs 95,000 Marketing & Leasing Costs 12,000 Sf Retail/Comm GBA $6.00 /Sf Retail/Comm GBA 72,000 Development Management 4.0%Direct Costs 126,000 Contingency Allowance 5.0%Other Indirect Costs 40,000 Total Indirect Costs $834,000 IV.Financing Costs Construction Loan Interest 3 $5,306,000 Financed 4.50%Interest $334,000 Financing Fees Permanent Loan 70.00%Loan to Value 2.50 Points 88,000 Total Financing Costs $422,000 V.Total Construction Costs 12,000 Sf Retail/Comm GBA $367 /Sf Retail/Comm GBA $4,406,000 Total Development Costs 12,000 Sf Retail/Comm GBA $442 /Sf Retail/Comm GBA $5,306,000 1 2 3 Direct costs assume prevailing wage requirements will not be imposed on the Project. Assumes an 18-month construction period with a 60% average outstanding balance, and a 6-month absorption period with a 100% average outstanding balance. Based on impact fee estimates provided by City staff. KMA included $5/sf for other public permits and fees. City staff should verify the accuracy of this estimate. Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; Retail_Comm_$1; trb Page 561 ATTACHMENT I - APPENDIX B - TABLE 2 ESTIMATED STABILIZED NET OPERATING INCOME & RETURN ON INVESTMENT RETAIL / COMMERCIAL PROTOTYPE NON-RESIDENTIAL LINKAGE FEE @ $1/SF SCENARIO 12,000 SF RETAIL/COMMERCIAL GBA NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS RANCHO CUCAMONGA, CALIFORNIA I.Retail / Commercial Revenue 1 Lease Revenue 12,000 Sf Retail/Comm GBA $27 /Sf Retail/Comm GBA $324,000 CAM Reimbursements 12,000 Sf Retail/Comm GBA $10 /Sf Retail/Comm GBA 120,000 Gross Retail / Commercial Revenue $444,000 (Less) Vacancy & Collection Allowance 5%Gross Retail / Commercial Revenue (22,000) Effective Gross Income $422,000 II.Retail / Commercial Operating Expenses CAM Expenses 12,000 Sf Retail/Comm GBA $10 /Sf Retail/Comm GBA $120,000 Reserves 12,000 Sf Retail/Comm GBA $0.15 /Sf Retail/Comm GBA 2,000 Retail / Commercial Operating Expenses $122,000 III.Residential Net Operating Income $300,000 IV.Estimated Return on Investment Net Operating Income $300,000 Total Development Costs See ATTACHMENT I - APPENDIX B - TABLE 1 $5,306,000 V.Return on Investment 5.7% 1 Assumes a NNN lease. Equates to $2.25/sf/month. Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; Retail_Comm_$1; trb Page 562 ATTACHMENT I - APPENDIX C RETAIL / COMMERCIAL PROTOTYPE NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS NON-RESIDENTIAL LINKAGE FEE @ $2/SF SCENARIO Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; Retail_Comm_$2; trb Page 563 ATTACHMENT I - APPENDIX C - TABLE 1 ESTIMATED DEVELOPMENT COSTS RETAIL / COMMERCIAL PROTOTYPE NON-RESIDENTIAL LINKAGE FEE @ $2/SF SCENARIO 12,000 SF RETAIL/COMMERCIAL GBA NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS RANCHO CUCAMONGA, CALIFORNIA I.Site Acquisition Costs 45,000 Sf Land $20 /Sf Land $900,000 II.Direct Costs 1 Site Improvement Costs 45,000 Sf Land $7 /Sf Land $315,000 Surface Parking Costs 84 Spaces $2,500 /Space 210,000 Building Costs 12,000 Sf Retail/Comm GBA $150 /Sf Retail/Comm GBA 1,800,000 Tenant Improvement Costs 12,000 Sf Retail/Comm GBA $25 /Sf Retail/Comm GBA 300,000 Contractor Costs 20.0%Other Direct Costs 525,000 Total Direct Costs 12,000 Sf Retail/Comm GBA $263 /Sf Retail/Comm GBA $3,150,000 III.Indirect Costs Architecture, Engineering & Consulting 6.0%Direct Costs $189,000 Public Permits & Fees/Impact Fees 2 12,000 Sf Retail/Comm GBA $25 /Sf Retail/Comm GBA 300,000 Non-Residential Linkage Fee 12,000 Sf Retail/Comm GBA $2 /Sf Retail/Comm GBA 24,000 Taxes, Insurance, Legal & Accounting 3.0%Direct Costs 95,000 Marketing & Leasing Costs 12,000 Sf Retail/Comm GBA $6.00 /Sf Retail/Comm GBA 72,000 Development Management 4.0%Direct Costs 126,000 Contingency Allowance 5.0%Other Indirect Costs 40,000 Total Indirect Costs $846,000 IV.Financing Costs Construction Loan Interest 3 $5,319,000 Financed 4.50%Interest $335,000 Financing Fees Permanent Loan 70.00%Loan to Value 2.50 Points 88,000 Total Financing Costs $423,000 V.Total Construction Costs 12,000 Sf Retail/Comm GBA $368 /Sf Retail/Comm GBA $4,419,000 Total Development Costs 12,000 Sf Retail/Comm GBA $443 /Sf Retail/Comm GBA $5,319,000 1 2 3 Direct costs assume prevailing wage requirements will not be imposed on the Project. Assumes an 18-month construction period with a 60% average outstanding balance, and a 6-month absorption period with a 100% average outstanding balance. Based on impact fee estimates provided by City staff. KMA included $5/sf for other public permits and fees. City staff should verify the accuracy of this estimate. Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; Retail_Comm_$2; trb Page 564 ATTACHMENT I - APPENDIX C - TABLE 2 ESTIMATED STABILIZED NET OPERATING INCOME & RETURN ON INVESTMENT RETAIL / COMMERCIAL PROTOTYPE NON-RESIDENTIAL LINKAGE FEE @ $2/SF SCENARIO 12,000 SF RETAIL/COMMERCIAL GBA NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS RANCHO CUCAMONGA, CALIFORNIA I.Retail / Commercial Revenue 1 Lease Revenue 12,000 Sf Retail/Comm GBA $27 /Sf Retail/Comm GBA $324,000 CAM Reimbursements 12,000 Sf Retail/Comm GBA $10 /Sf Retail/Comm GBA 120,000 Gross Retail / Commercial Revenue $444,000 (Less) Vacancy & Collection Allowance 5%Gross Retail / Commercial Revenue (22,000) Effective Gross Income $422,000 II.Retail / Commercial Operating Expenses CAM Expenses 12,000 Sf Retail/Comm GBA $10 /Sf Retail/Comm GBA $120,000 Reserves 12,000 Sf Retail/Comm GBA $0.15 /Sf Retail/Comm GBA 2,000 Retail / Commercial Operating Expenses $122,000 III.Residential Net Operating Income $300,000 IV.Estimated Return on Investment Net Operating Income $300,000 Total Development Costs See ATTACHMENT I - APPENDIX C - TABLE 1 $5,319,000 V.Return on Investment 5.6% 1 Assumes a NNN lease. Equates to $2.25/sf/month. Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; Retail_Comm_$2; trb Page 565 ATTACHMENT I - APPENDIX D RETAIL / COMMERCIAL PROTOTYPE NON-RESIDENTIAL LINKAGE FEE @ $3/SF SCENARIO NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; Retail_Comm_$3; trb Page 566 ATTACHMENT I - APPENDIX D - TABLE 1 ESTIMATED DEVELOPMENT COSTS RETAIL / COMMERCIAL PROTOTYPE NON-RESIDENTIAL LINKAGE FEE @ $3/SF SCENARIO 12,000 SF RETAIL/COMMERCIAL GBA NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS RANCHO CUCAMONGA, CALIFORNIA I.Site Acquisition Costs 45,000 Sf Land $20 /Sf Land $900,000 II.Direct Costs 1 Site Improvement Costs 45,000 Sf Land $7 /Sf Land $315,000 Surface Parking Costs 84 Spaces $2,500 /Space 210,000 Building Costs 12,000 Sf Retail/Comm GBA $150 /Sf Retail/Comm GBA 1,800,000 Tenant Improvement Costs 12,000 Sf Retail/Comm GBA $25 /Sf Retail/Comm GBA 300,000 Contractor Costs 20.0%Other Direct Costs 525,000 Total Direct Costs 12,000 Sf Retail/Comm GBA $263 /Sf Retail/Comm GBA $3,150,000 III.Indirect Costs Architecture, Engineering & Consulting 6.0%Direct Costs $189,000 Public Permits & Fees/Impact Fees 2 12,000 Sf Retail/Comm GBA $25 /Sf Retail/Comm GBA 300,000 Non-Residential Linkage Fee 12,000 Sf Retail/Comm GBA $3 /Sf Retail/Comm GBA 36,000 Taxes, Insurance, Legal & Accounting 3.0%Direct Costs 95,000 Marketing & Leasing Costs 12,000 Sf Retail/Comm GBA $6.00 /Sf Retail/Comm GBA 72,000 Development Management 4.0%Direct Costs 126,000 Contingency Allowance 5.0%Other Indirect Costs 41,000 Total Indirect Costs $859,000 IV.Financing Costs Construction Loan Interest 3 $5,333,000 Financed 4.50%Interest $336,000 Financing Fees Permanent Loan 70.00%Loan to Value 2.50 Points 88,000 Total Financing Costs $424,000 V.Total Construction Costs 12,000 Sf Retail/Comm GBA $369 /Sf Retail/Comm GBA $4,433,000 Total Development Costs 12,000 Sf Retail/Comm GBA $444 /Sf Retail/Comm GBA $5,333,000 1 2 3 Direct costs assume prevailing wage requirements will not be imposed on the Project. Based on impact fee estimates provided by City staff. KMA included $5/sf for other public permits and fees. City staff should verify the accuracy of this estimate. Assumes an 18-month construction period with a 60% average outstanding balance, and a 6-month absorption period with a 100% average outstanding balance. Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; Retail_Comm_$3; trb Page 567 ATTACHMENT I - APPENDIX D - TABLE 2 ESTIMATED STABILIZED NET OPERATING INCOME & RETURN ON INVESTMENT RETAIL / COMMERCIAL PROTOTYPE NON-RESIDENTIAL LINKAGE FEE @ $3/SF SCENARIO 12,000 SF RETAIL/COMMERCIAL GBA NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS RANCHO CUCAMONGA, CALIFORNIA I.Retail / Commercial Revenue 1 Lease Revenue 12,000 Sf Retail/Comm GBA $27 /Sf Retail/Comm GBA $324,000 CAM Reimbursements 12,000 Sf Retail/Comm GBA $10 /Sf Retail/Comm GBA 120,000 Gross Retail / Commercial Revenue $444,000 (Less) Vacancy & Collection Allowance 5%Gross Retail / Commercial Revenue (22,000) Effective Gross Income $422,000 II.Retail / Commercial Operating Expenses CAM Expenses 12,000 Sf Retail/Comm GBA $10 /Sf Retail/Comm GBA $120,000 Reserves 12,000 Sf Retail/Comm GBA $0.15 /Sf Retail/Comm GBA 2,000 Retail / Commercial Operating Expenses $122,000 III.Residential Net Operating Income $300,000 IV.Estimated Return on Investment Net Operating Income $300,000 Total Development Costs See ATTACHMENT I - APPENDIX D - TABLE 1 $5,333,000 V.Return on Investment 5.6% 1 Assumes a NNN lease. Equates to $2.25/sf/month. Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; Retail_Comm_$3; trb Page 568 ATTACHMENT II OFFICE PROTOTYPE NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS RANCHO CUCAMONGA, CALIFORNIA Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; ATT II_TITLE; trb Page 569 ATTACHMENT II - APPENDIX A OFFICE PROTOTYPE NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS BASE SCENARIO: NO NON-RESIDENTIAL LINKAGE FEE Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; Office_BASE; trb Page 570 ATTACHMENT II - APPENDIX A - TABLE 1 ESTIMATED DEVELOPMENT COSTS OFFICE PROTOTYPE BASE SCENARIO: NO NON-RESIDENTIAL LINKAGE FEE 28,750 SF OFFICE GBA NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS RANCHO CUCAMONGA, CALIFORNIA I.Site Acquisition Costs 60,000 Sf Land $20 /Sf Land $1,200,000 II.Direct Costs 1 Site Improvement Costs 60,000 Sf Land $7 /Sf Land $420,000 Surface Parking Costs 115 Spaces $2,500 /Space 288,000 Building Costs 28,750 Sf Office GBA $150 /Sf Office GBA 4,313,000 Tenant Improvement Costs 28,750 Sf Office GBA $50 /Sf Office GBA 1,438,000 Contractor Costs 20.0%Other Direct Costs 1,292,000 Total Direct Costs 28,750 Sf GBA $270 /Sf GBA $7,751,000 III.Indirect Costs Architecture, Engineering & Consulting 6.0%Direct Costs $465,000 Public Permits & Fees/Impact Fees 2 28,750 Sf Office GBA $21 /Sf Office GBA 591,000 Non-Residential Linkage Fee 28,750 Sf Office GBA $0 /Sf Office GBA 0 Taxes, Insurance, Legal & Accounting 3.0%Direct Costs 233,000 Marketing & Leasing Costs 28,750 Sf Office GBA $6.00 /Sf Office GBA 173,000 Development Management 4.0%Direct Costs 310,000 Contingency Allowance 5.0%Other Indirect Costs 89,000 Total Indirect Costs $1,861,000 IV.Financing Costs Construction Loan Interest 3 $11,396,000 Financed 4.50%Interest $487,000 Financing Fees Permanent Loan 70.00%Loan to Value 2.50 Points 97,000 Total Financing Costs $584,000 V.Total Construction Costs 28,750 Sf Office GBA $355 /Sf Office GBA $10,196,000 Total Development Costs 28,750 Sf Office GBA $396 /Sf Office GBA $11,396,000 VI.Non-Residential Linkage Fee Per SF as a Percentage of Development Costs 0.5% of Development Costs $1.98 1.0% of Development Costs $3.96 1.5% of Development Costs $5.95 2.0% of Development Costs $7.93 2.5% of Development Costs $9.91 3.0% of Development Costs $11.89 1 2 3 Assumes a 14-month construction period with a 60% average outstanding balance, and a 3-month lease-up period with a 100% average outstanding balance. Direct costs assume prevailing wage requirements will not be imposed on the Project. Based on impact fee estimates provided by City staff. KMA included $5/sf for other public permits and fees. City staff should verify the accuracy of this estimate. Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; Office_BASE; trb Page 571 ATTACHMENT II - APPENDIX A - TABLE 2 ESTIMATED STABILIZED NET OPERATING INCOME & RETURN ON INVESTMENT OFFICE PROTOTYPE BASE SCENARIO: NO NON-RESIDENTIAL LINKAGE FEE 28,750 SF OFFICE GBA NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS RANCHO CUCAMONGA, CALIFORNIA I.Office Revenue Lease Revenue 1 25,000 Sf Office GBA $27 /Sf Office GBA $675,000 (Less) Vacancy & Collection Allowance 5%Lease Revenue (34,000) Effective Gross Income $641,000 II.Office Operating Expenses Operating Expenses 25,000 Sf Office GBA $10 /Sf Office GBA $250,000 Reserves 25,000 Sf Office GBA $0.15 /Sf Office GBA 4,000 Office Operating Expenses $254,000 III.Office Net Operating Income $387,000 IV.Estimated Return on Investment Net Operating Income $387,000 Total Development Costs See ATTACHMENT II - APPENDIX A - TABLE 1 11,396,000 V.Return on Investment 3.4% 1 Assumes a Full Service Gross lease. Equates to $2.25 per square foot per month on a full service gross basis. Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; Office_BASE; trb Page 572 NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS ATTACHMENT II - APPENDIX B OFFICE PROTOTYPE NON-RESIDENTIAL LINKAGE FEE @ $1/SF SCENARIO Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; Office_$1; trb Page 573 ATTACHMENT II - APPENDIX B - TABLE 1 ESTIMATED DEVELOPMENT COSTS OFFICE PROTOTYPE NON-RESIDENTIAL LINKAGE FEE @ $1/SF SCENARIO 28,750 SF OFFICE GBA NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS RANCHO CUCAMONGA, CALIFORNIA I.Site Acquisition Costs 60,000 Sf Land $20 /Sf Land $1,200,000 II.Direct Costs 1 Site Improvement Costs 60,000 Sf Land $7 /Sf Land $420,000 Surface Parking Costs 115 Spaces $2,500 /Space 288,000 Building Costs 28,750 Sf Office GBA $150 /Sf Office GBA 4,313,000 Tenant Improvement Costs 28,750 Sf Office GBA $50 /Sf Office GBA 1,438,000 Contractor Costs 20.0%Other Direct Costs 1,292,000 Total Direct Costs 28,750 Sf GBA $270 /Sf GBA $7,751,000 III.Indirect Costs Architecture, Engineering & Consulting 6.0%Direct Costs $465,000 Public Permits & Fees/Impact Fees 2 28,750 Sf Office GBA $21 /Sf Office GBA 591,000 Non-Residential Linkage Fee 28,750 Sf Office GBA $1 /Sf Office GBA 29,000 Taxes, Insurance, Legal & Accounting 3.0%Direct Costs 233,000 Marketing & Leasing Costs 28,750 Sf Office GBA $6.00 /Sf Office GBA 173,000 Development Management 4.0%Direct Costs 310,000 Contingency Allowance 5.0%Other Indirect Costs 90,000 Total Indirect Costs $1,891,000 IV.Financing Costs Construction Loan Interest 3 $11,428,000 Financed 4.50%Interest $489,000 Financing Fees Permanent Loan 70.00%Loan to Value 2.50 Points 97,000 Total Financing Costs $586,000 V.Total Construction Costs 28,750 Sf Office GBA $356 /Sf Office GBA ########## Total Development Costs 28,750 Sf Office GBA $397 /Sf Office GBA ########## 1 2 3 Direct costs assume prevailing wage requirements will not be imposed on the Project. Assumes a 14-month construction period with a 60% average outstanding balance, and a 3-month lease-up period with a 100% average outstanding balance. Based on impact fee estimates provided by City staff. KMA included $5/sf for other public permits and fees. City staff should verify the accuracy of this estimate. Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; Office_$1; trb Page 574 ATTACHMENT II - APPENDIX B - TABLE 2 ESTIMATED STABILIZED NET OPERATING INCOME & RETURN ON INVESTMENT OFFICE PROTOTYPE NON-RESIDENTIAL LINKAGE FEE @ $1/SF SCENARIO 28,750 SF OFFICE GBA NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS RANCHO CUCAMONGA, CALIFORNIA I.Office Revenue Lease Revenue 1 25,000 Sf Office GBA $27 /Sf Office GBA $675,000 (Less) Vacancy & Collection Allowance 5%Lease Revenue (34,000) Effective Gross Income $641,000 II.Office Operating Expenses Operating Expenses 25,000 Sf Office GBA $10 /Sf Office GBA $250,000 Reserves 25,000 Sf Office GBA $0.15 /Sf Office GBA 4,000 Office Operating Expenses $254,000 III.Office Net Operating Income $387,000 IV.Estimated Return on Investment Net Operating Income $387,000 Total Development Costs See ATTACHMENT II - APPENDIX B - TABLE 1 11,428,000 V.Return on Investment 3.4% 1 Assumes a Full Service Gross lease. Equates to $2.25 per square foot per month on a full service gross basis. Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; Office_$1; trb Page 575 NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS ATTACHMENT II - APPENDIX C OFFICE PROTOTYPE NON-RESIDENTIAL LINKAGE FEE @ $2/SF SCENARIO Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; Office_$2; trb Page 576 ATTACHMENT II - APPENDIX C - TABLE 1 ESTIMATED DEVELOPMENT COSTS OFFICE PROTOTYPE NON-RESIDENTIAL LINKAGE FEE @ $2/SF SCENARIO 28,750 SF OFFICE GBA NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS RANCHO CUCAMONGA, CALIFORNIA I.Site Acquisition Costs 60,000 Sf Land $20 /Sf Land $1,200,000 II.Direct Costs 1 Site Improvement Costs 60,000 Sf Land $7 /Sf Land $420,000 Surface Parking Costs 115 Spaces $2,500 /Space 288,000 Building Costs 28,750 Sf Office GBA $150 /Sf Office GBA 4,313,000 Tenant Improvement Costs 28,750 Sf Office GBA $50 /Sf Office GBA 1,438,000 Contractor Costs 20.0%Other Direct Costs 1,292,000 Total Direct Costs 28,750 Sf GBA $270 /Sf GBA $7,751,000 III.Indirect Costs Architecture, Engineering & Consulting 6.0%Direct Costs $465,000 Public Permits & Fees/Impact Fees 2 28,750 Sf Office GBA $21 /Sf Office GBA 591,000 Non-Residential Linkage Fee 28,750 Sf Office GBA $2 /Sf Office GBA 58,000 Taxes, Insurance, Legal & Accounting 3.0%Direct Costs 233,000 Marketing & Leasing Costs 28,750 Sf Office GBA $6.00 /Sf Office GBA 173,000 Development Management 4.0%Direct Costs 310,000 Contingency Allowance 5.0%Other Indirect Costs 92,000 Total Indirect Costs $1,922,000 IV.Financing Costs Construction Loan Interest 3 $11,460,000 Financed 4.50%Interest $490,000 Financing Fees Permanent Loan 70.00%Loan to Value 2.50 Points 97,000 Total Financing Costs $587,000 V.Total Construction Costs 28,750 Sf Office GBA $357 /Sf Office GBA $10,260,000 Total Development Costs 28,750 Sf Office GBA $399 /Sf Office GBA $11,460,000 1 2 3 Assumes a 14-month construction period with a 60% average outstanding balance, and a 3-month lease-up period with a 100% average outstanding balance. Based on impact fee estimates provided by City staff. KMA included $5/sf for other public permits and fees. City staff should verify the accuracy of this estimate. Direct costs assume prevailing wage requirements will not be imposed on the Project. Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; Office_$2; trb Page 577 ATTACHMENT II - APPENDIX C - TABLE 2 ESTIMATED STABILIZED NET OPERATING INCOME & RETURN ON INVESTMENT OFFICE PROTOTYPE NON-RESIDENTIAL LINKAGE FEE @ $2/SF SCENARIO 28,750 SF OFFICE GBA NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS RANCHO CUCAMONGA, CALIFORNIA I.Office Revenue Lease Revenue 1 25,000 Sf Office GBA $27 /Sf Office GBA $675,000 (Less) Vacancy & Collection Allowance 5%Lease Revenue (34,000) Effective Gross Income $641,000 II.Office Operating Expenses Operating Expenses 25,000 Sf Office GBA $10 /Sf Office GBA $250,000 Reserves 25,000 Sf Office GBA $0.15 /Sf Office GBA 4,000 Office Operating Expenses $254,000 III.Office Net Operating Income $387,000 IV.Estimated Return on Investment Net Operating Income $387,000 Total Development Costs See ATTACHMENT II - APPENDIX C - TABLE 1 11,460,000 V.Return on Investment 3.4% 1 Assumes a Full Service Gross lease. Equates to $2.25 per square foot per month on a full service gross basis. Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; Office_$2; trb Page 578 NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS NON-RESIDENTIAL LINKAGE FEE @ $3/SF SCENARIO ATTACHMENT II - APPENDIX D OFFICE PROTOTYPE Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; Office_$3; trb Page 579 ATTACHMENT II - APPENDIX D - TABLE 1 ESTIMATED DEVELOPMENT COSTS OFFICE PROTOTYPE NON-RESIDENTIAL LINKAGE FEE @ $3/SF SCENARIO 28,750 SF OFFICE GBA NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS RANCHO CUCAMONGA, CALIFORNIA I.Site Acquisition Costs 60,000 Sf Land $20 /Sf Land $1,200,000 II.Direct Costs 1 Site Improvement Costs 60,000 Sf Land $7 /Sf Land $420,000 Surface Parking Costs 115 Spaces $2,500 /Space 288,000 Building Costs 28,750 Sf Office GBA $150 /Sf Office GBA 4,313,000 Tenant Improvement Costs 28,750 Sf Office GBA $50 /Sf Office GBA 1,438,000 Contractor Costs 20.0%Other Direct Costs 1,292,000 Total Direct Costs 28,750 Sf GBA $270 /Sf GBA $7,751,000 III.Indirect Costs Architecture, Engineering & Consulting 6.0%Direct Costs $465,000 Public Permits & Fees/Impact Fees 2 28,750 Sf Office GBA $21 /Sf Office GBA 591,000 Non-Residential Linkage Fee 28,750 Sf Office GBA $3 /Sf Office GBA 86,000 Taxes, Insurance, Legal & Accounting 3.0%Direct Costs 233,000 Marketing & Leasing Costs 28,750 Sf Office GBA $6.00 /Sf Office GBA 173,000 Development Management 4.0%Direct Costs 310,000 Contingency Allowance 5.0%Other Indirect Costs 93,000 Total Indirect Costs $1,951,000 IV.Financing Costs Construction Loan Interest 3 $11,490,000 Financed 4.50%Interest $491,000 Financing Fees Permanent Loan 70.00%Loan to Value 2.50 Points 97,000 Total Financing Costs $588,000 V.Total Construction Costs 28,750 Sf Office GBA $358 /Sf Office GBA ########## Total Development Costs 28,750 Sf Office GBA $400 /Sf Office GBA ########## 1 2 3 Direct costs assume prevailing wage requirements will not be imposed on the Project. Based on impact fee estimates provided by City staff. KMA included $5/sf for other public permits and fees. City staff should verify the accuracy of this estimate. Assumes a 14-month construction period with a 60% average outstanding balance, and a 3-month lease-up period with a 100% average outstanding balance. Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; Office_$3; trb Page 580 ATTACHMENT II - APPENDIX D - TABLE 2 ESTIMATED STABILIZED NET OPERATING INCOME & RETURN ON INVESTMENT OFFICE PROTOTYPE NON-RESIDENTIAL LINKAGE FEE @ $3/SF SCENARIO 28,750 SF OFFICE GBA NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS RANCHO CUCAMONGA, CALIFORNIA I.Office Revenue Lease Revenue 1 25,000 Sf Office GBA $27 /Sf Office GBA $675,000 (Less) Vacancy & Collection Allowance 5%Lease Revenue (34,000) Effective Gross Income $641,000 II.Office Operating Expenses Operating Expenses 25,000 Sf Office GBA $10 /Sf Office GBA $250,000 Reserves 25,000 Sf Office GBA $0.15 /Sf Office GBA 4,000 Office Operating Expenses $254,000 III.Office Net Operating Income $387,000 IV.Estimated Return on Investment Net Operating Income $387,000 Total Development Costs See ATTACHMENT II - APPENDIX D - TABLE 1 11,490,000 V.Return on Investment 3.4% 1 Assumes a Full Service Gross lease. Equates to $2.25 per square foot per month on a full service gross basis. Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; Office_$3; trb Page 581 ATTACHMENT III INDUSTRIAL PROTOTYPE NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS RANCHO CUCAMONGA, CALIFORNIA Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; ATT III_TITLE; trb Page 582 NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS INDUSTRIAL PROTOTYPE ATTACHMENT III - APPENDIX A BASE SCENARIO: NO NON-RESIDENTIAL LINKAGE FEE Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; Industrial_BASE; trb Page 583 ATTACHMENT III - APPENDIX A - TABLE 1 ESTIMATED DEVELOPMENT COSTS INDUSTRIAL PROTOTYPE BASE SCENARIO: NO NON-RESIDENTIAL LINKAGE FEE 100,000 SF INDUSTRIAL GBA NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS RANCHO CUCAMONGA, CALIFORNIA I.Site Acquisition Costs 250,000 Sf Land $20 /Sf Land $5,000,000 II.Direct Costs 1 Site Improvement Costs 250,000 Sf Land $3 /Sf Land $750,000 Surface Parking 210 Spaces $2,500 /Space 525,000 Building Costs 100,000 Sf Industrial GBA $30 /Sf Industrial GBA 3,000,000 Tenant Improvement Costs 100,000 Sf Industrial GBA $5 /Sf Industrial GBA 500,000 Contractor Costs 20.0%Other Direct Costs 955,000 Total Direct Costs 100,000 Sf Industrial GBA $57 /Sf Industrial GBA $5,730,000 III.Indirect Costs Architecture, Engineering & Consulting 3.0%Direct Costs $172,000 Public Permits & Fees/Impact Fees 2 100,000 Sf Industrial GBA $13 /Sf Industrial GBA 1,267,000 Non-Residential Linkage Fee 100,000 Sf Industrial GBA $0 /Sf Industrial GBA 0 Taxes, Insurance, Legal & Accounting 3.0%Direct Costs 172,000 Marketing & Leasing Costs 100,000 Sf Industrial GBA $3.00 /Sf Industrial GBA 300,000 Development Management 4.0%Direct Costs 229,000 Contingency Allowance 5.0%Other Indirect Costs 107,000 Total Indirect Costs $2,247,000 IV.Financing Costs Construction Loan Interest 3 $13,903,000 Financed 4.50%Interest $532,000 Financing Fees Permanent Loan 70.00%Loan to Value 2.50 Points 394,000 Total Financing Costs $926,000 V.Total Construction Costs 100,000 Sf Industrial GBA $89 /Sf Industrial GBA $8,903,000 Total Development Costs 100,000 Sf Industrial GBA $139 /Sf Industrial GBA $13,903,000 VI.Non-Residential Linkage Fee Per SF as a Percentage of Development Costs 0.5% of Development Costs $0.70 1.0% of Development Costs $1.39 1.5% of Development Costs $2.09 2.0% of Development Costs $2.78 2.5% of Development Costs $3.48 3.0% of Development Costs $4.17 1 2 3 Direct costs assume prevailing wage requirements will not be imposed on the Project. Assumes a 12-month construction period with a 60% average outstanding balance, and a 3-month lease-up period with a 100% average outstanding balance. Based on impact fee estimates provided by City staff. KMA included $5/sf for other public permits and fees. City staff should verify the accuracy of this estimate. Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; Industrial_BASE; trb Page 584 ATTACHMENT III - APPENDIX A - TABLE 2 ESTIMATED STABILIZED NET OPERATING INCOME & RETURN ON INVESTMENT INDUSTRIAL PROTOTYPE BASE SCENARIO: NO NON-RESIDENTIAL LINKAGE FEE 100,000 SF INDUSTRIAL GBA NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS RANCHO CUCAMONGA, CALIFORNIA I.Industrial Revenue Lease Revenue 1 100,000 Sf Industrial GBA $12.00 /Sf Industrial GBA $1,200,000 CAM Reimbursements 100,000 Sf Industrial GBA $2.50 /Sf Industrial GBA 250,000 Gross Industrial Revenue $1,450,000 (Less) Vacancy & Collection Allowance 5.0%Gross Industrial Revenue (73,000) Effective Gross Income $1,377,000 II.Industrial Operating Expenses Operating Expenses 100,000 Sf Industrial GBA $3.50 /Sf Industrial GBA $350,000 Reserves 100,000 Sf Industrial GBA $0.15 /Sf Industrial GBA 15,000 Industrial Operating Expenses $365,000 III.Industrial Net Operating Income $1,012,000 IV.Estimated Return on Investment Net Operating Income $1,012,000 Total Development Costs See ATTACHMENT III - APPENDIX A - TABLE 1 $13,903,000 V.Return on Investment 7.3% 1 Assumes a Modified Gross lease. Equates to a lease rate of $1.00 per square foot per month. Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; Industrial_BASE; trb Page 585 NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS ATTACHMENT III - APPENDIX B INDUSTRIAL PROTOTYPE NON-RESIDENTIAL LINKAGE FEE @ $1/SF SCENARIO Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; Industrial_$1; trb Page 586 ATTACHMENT III - APPENDIX B - TABLE 1 ESTIMATED DEVELOPMENT COSTS INDUSTRIAL PROTOTYPE NON-RESIDENTIAL LINKAGE FEE @ $1/SF SCENARIO 100,000 SF INDUSTRIAL GBA NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS RANCHO CUCAMONGA, CALIFORNIA I.Site Acquisition Costs 250,000 Sf Land $20 /Sf Land $5,000,000 II.Direct Costs 1 Site Improvement Costs 250,000 Sf Land $3 /Sf Land $750,000 Surface Parking 210 Spaces $2,500 /Space 525,000 Building Costs 100,000 Sf Industrial GBA $30 /Sf Industrial GBA 3,000,000 Tenant Improvement Costs 100,000 Sf Industrial GBA $5 /Sf Industrial GBA 500,000 Contractor Costs 20.0%Other Direct Costs 955,000 Total Direct Costs 100,000 Sf Industrial GBA $57 /Sf Industrial GBA $5,730,000 III.Indirect Costs Architecture, Engineering & Consulting 3.0%Direct Costs $172,000 Public Permits & Fees/Impact Fees 2 100,000 Sf Industrial GBA $13 /Sf Industrial GBA 1,267,000 Non-Residential Linkage Fee 100,000 Sf Industrial GBA $1 /Sf Industrial GBA 100,000 Taxes, Insurance, Legal & Accounting 3.0%Direct Costs 172,000 Marketing & Leasing Costs 100,000 Sf Industrial GBA $3.00 /Sf Industrial GBA 300,000 Development Management 4.0%Direct Costs 229,000 Contingency Allowance 5.0%Other Indirect Costs 112,000 Total Indirect Costs $2,352,000 IV.Financing Costs Construction Loan Interest 3 $14,012,000 Financed 4.50%Interest $536,000 Financing Fees Permanent Loan 70.00%Loan to Value 2.50 Points 394,000 Total Financing Costs $930,000 V.Total Construction Costs 100,000 Sf Industrial GBA $90 /Sf Industrial GBA $9,012,000 Total Development Costs 100,000 Sf Industrial GBA $140 /Sf Industrial GBA $14,012,000 1 2 3 Direct costs assume prevailing wage requirements will not be imposed on the Project. Assumes a 12-month construction period with a 60% average outstanding balance, and a 3-month lease-up period with a 100% average outstanding balance. Based on impact fee estimates provided by City staff. KMA included $5/sf for other public permits and fees. City staff should verify the accuracy of this estimate. Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; Industrial_$1; trb Page 587 ATTACHMENT III - APPENDIX B - TABLE 2 ESTIMATED STABILIZED NET OPERATING INCOME & RETURN ON INVESTMENT INDUSTRIAL PROTOTYPE NON-RESIDENTIAL LINKAGE FEE @ $1/SF SCENARIO 100,000 SF INDUSTRIAL GBA NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS RANCHO CUCAMONGA, CALIFORNIA I.Industrial Revenue Lease Revenue 1 100,000 Sf Industrial GBA $12.00 /Sf Industrial GBA $1,200,000 CAM Reimbursements 100,000 Sf Industrial GBA $2.50 /Sf Industrial GBA 250,000 Gross Industrial Revenue $1,450,000 (Less) Vacancy & Collection Allowance 5.0%Gross Industrial Revenue (73,000) Effective Gross Income $1,377,000 II.Industrial Operating Expenses Operating Expenses 100,000 Sf Industrial GBA $3.50 /Sf Industrial GBA $350,000 Reserves 100,000 Sf Industrial GBA $0.15 /Sf Industrial GBA 15,000 Industrial Operating Expenses $365,000 III.Industrial Net Operating Income $1,012,000 IV.Estimated Return on Investment Net Operating Income $1,012,000 Total Development Costs See ATTACHMENT III - APPENDIX B - TABLE 1 $14,012,000 V.Return on Investment 7.2% 1 Assumes a Modified Gross lease. Equates to a lease rate of $1.00 per square foot per month. Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; Industrial_$1; trb Page 588 NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS ATTACHMENT III - APPENDIX C INDUSTRIAL PROTOTYPE NON-RESIDENTIAL LINKAGE FEE @ $2/SF SCENARIO Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; Industrial_$2; trb Page 589 ATTACHMENT III - APPENDIX C - TABLE 1 ESTIMATED DEVELOPMENT COSTS INDUSTRIAL PROTOTYPE NON-RESIDENTIAL LINKAGE FEE @ $2/SF SCENARIO 100,000 SF INDUSTRIAL GBA NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS RANCHO CUCAMONGA, CALIFORNIA I.Site Acquisition Costs 250,000 Sf Land $20 /Sf Land $5,000,000 II.Direct Costs 1 Site Improvement Costs 250,000 Sf Land $3 /Sf Land $750,000 Surface Parking 210 Spaces $2,500 /Space 525,000 Building Costs 100,000 Sf Industrial GBA $30 /Sf Industrial GBA 3,000,000 Tenant Improvement Costs 100,000 Sf Industrial GBA $5 /Sf Industrial GBA 500,000 Contractor Costs 20.0%Other Direct Costs 955,000 Total Direct Costs 100,000 Sf Industrial GBA $57 /Sf Industrial GBA $5,730,000 III.Indirect Costs Architecture, Engineering & Consulting 3.0%Direct Costs $172,000 Public Permits & Fees/Impact Fees 2 100,000 Sf Industrial GBA $13 /Sf Industrial GBA 1,267,000 Non-Residential Linkage Fee 100,000 Sf Industrial GBA $2 /Sf Industrial GBA 200,000 Taxes, Insurance, Legal & Accounting 3.0%Direct Costs 172,000 Marketing & Leasing Costs 100,000 Sf Industrial GBA $3.00 /Sf Industrial GBA 300,000 Development Management 4.0%Direct Costs 229,000 Contingency Allowance 5.0%Other Indirect Costs 117,000 Total Indirect Costs $2,457,000 IV.Financing Costs Construction Loan Interest 3 $14,121,000 Financed 4.50%Interest $540,000 Financing Fees Permanent Loan 70.00%Loan to Value 2.50 Points 394,000 Total Financing Costs $934,000 V.Total Construction Costs 100,000 Sf Industrial GBA $91 /Sf Industrial GBA $9,121,000 Total Development Costs 100,000 Sf Industrial GBA $141 /Sf Industrial GBA $14,121,000 1 2 3 Direct costs assume prevailing wage requirements will not be imposed on the Project. Assumes a 12-month construction period with a 60% average outstanding balance, and a 3-month lease-up period with a 100% average outstanding balance. Based on impact fee estimates provided by City staff. KMA included $5/sf for other public permits and fees. City staff should verify the accuracy of this estimate. Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; Industrial_$2; trb Page 590 ATTACHMENT III - APPENDIX C - TABLE 2 ESTIMATED STABILIZED NET OPERATING INCOME & RETURN ON INVESTMENT INDUSTRIAL PROTOTYPE NON-RESIDENTIAL LINKAGE FEE @ $2/SF SCENARIO 100,000 SF INDUSTRIAL GBA NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS RANCHO CUCAMONGA, CALIFORNIA I.Industrial Revenue Lease Revenue 1 100,000 Sf Industrial GBA $12.00 /Sf Industrial GBA $1,200,000 CAM Reimbursements 100,000 Sf Industrial GBA $2.50 /Sf Industrial GBA 250,000 Gross Industrial Revenue $1,450,000 (Less) Vacancy & Collection Allowance 5.0%Gross Industrial Revenue (73,000) Effective Gross Income $1,377,000 II.Industrial Operating Expenses Operating Expenses 100,000 Sf Industrial GBA $3.50 /Sf Industrial GBA $350,000 Reserves 100,000 Sf Industrial GBA $0.15 /Sf Industrial GBA 15,000 Industrial Operating Expenses $365,000 III.Industrial Net Operating Income $1,012,000 IV.Estimated Return on Investment Net Operating Income $1,012,000 Total Development Costs See ATTACHMENT III - APPENDIX C - TABLE 1 $14,121,000 V.Return on Investment 7.2% 1 Assumes a Modified Gross lease. Equates to a lease rate of $1.00 per square foot per month. Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; Industrial_$2; trb Page 591 NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS NON-RESIDENTIAL LINKAGE FEE @ $3/SF SCENARIO ATTACHMENT III - APPENDIX D INDUSTRIAL PROTOTYPE Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; Industrial_$3; trb Page 592 ATTACHMENT III - APPENDIX D - TABLE 1 ESTIMATED DEVELOPMENT COSTS INDUSTRIAL PROTOTYPE NON-RESIDENTIAL LINKAGE FEE @ $3/SF SCENARIO 100,000 SF INDUSTRIAL GBA NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS RANCHO CUCAMONGA, CALIFORNIA I.Site Acquisition Costs 250,000 Sf Land $20 /Sf Land $5,000,000 II.Direct Costs 1 Site Improvement Costs 250,000 Sf Land $3 /Sf Land $750,000 Surface Parking 210 Spaces $2,500 /Space 525,000 Building Costs 100,000 Sf Industrial GBA $30 /Sf Industrial GBA 3,000,000 Tenant Improvement Costs 100,000 Sf Industrial GBA $5 /Sf Industrial GBA 500,000 Contractor Costs 20.0%Other Direct Costs 955,000 Total Direct Costs 100,000 Sf Industrial GBA $57 /Sf Industrial GBA $5,730,000 III.Indirect Costs Architecture, Engineering & Consulting 3.0%Direct Costs $172,000 Public Permits & Fees/Impact Fees 2 100,000 Sf Industrial GBA $13 /Sf Industrial GBA 1,267,000 Non-Residential Linkage Fee 100,000 Sf Industrial GBA $3 /Sf Industrial GBA 300,000 Taxes, Insurance, Legal & Accounting 3.0%Direct Costs 172,000 Marketing & Leasing Costs 100,000 Sf Industrial GBA $3.00 /Sf Industrial GBA 300,000 Development Management 4.0%Direct Costs 229,000 Contingency Allowance 5.0%Other Indirect Costs 122,000 Total Indirect Costs $2,562,000 IV.Financing Costs Construction Loan Interest 3 $14,230,000 Financed 4.50%Interest $544,000 Financing Fees Permanent Loan 70.00%Loan to Value 2.50 Points 394,000 Total Financing Costs $938,000 V.Total Construction Costs 100,000 Sf Industrial GBA $92 /Sf Industrial GBA $9,230,000 Total Development Costs 100,000 Sf Industrial GBA $142 /Sf Industrial GBA $14,230,000 1 2 3 Direct costs assume prevailing wage requirements will not be imposed on the Project. Based on impact fee estimates provided by City staff. KMA included $5/sf for other public permits and fees. City staff should verify the accuracy of this estimate. Assumes a 12-month construction period with a 60% average outstanding balance, and a 3-month lease-up period with a 100% average outstanding balance. Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; Industrial_$3; trb Page 593 ATTACHMENT III - APPENDIX D - TABLE 2 ESTIMATED STABILIZED NET OPERATING INCOME & RETURN ON INVESTMENT INDUSTRIAL PROTOTYPE NON-RESIDENTIAL LINKAGE FEE @ $3/SF SCENARIO 100,000 SF INDUSTRIAL GBA NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS RANCHO CUCAMONGA, CALIFORNIA I.Industrial Revenue Lease Revenue 1 100,000 Sf Industrial GBA $12.00 /Sf Industrial GBA $1,200,000 CAM Reimbursements 100,000 Sf Industrial GBA $2.50 /Sf Industrial GBA 250,000 Gross Industrial Revenue $1,450,000 (Less) Vacancy & Collection Allowance 5.0%Gross Industrial Revenue (73,000) Effective Gross Income $1,377,000 II.Industrial Operating Expenses Operating Expenses 100,000 Sf Industrial GBA $3.50 /Sf Industrial GBA $350,000 Reserves 100,000 Sf Industrial GBA $0.15 /Sf Industrial GBA 15,000 Industrial Operating Expenses $365,000 III.Industrial Net Operating Income $1,012,000 IV.Estimated Return on Investment Net Operating Income $1,012,000 Total Development Costs See ATTACHMENT III - APPENDIX D - TABLE 1 $14,230,000 V.Return on Investment 7.1% 1 Assumes a Modified Gross lease. Equates to a lease rate of $1.00 per square foot per month. Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; Industrial_$3; trb Page 594 ATTACHMENT IV WAREHOUSE PROTOTYPE NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS RANCHO CUCAMONGA, CALIFORNIA Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; ATT IV_TITLE; trb Page 595 ATTACHMENT IV - APPENDIX A WAREHOUSE PROTOTYPE NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS BASE SCENARIO: NO NON-RESIDENTIAL LINKAGE FEE Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; Warehouse_BASE; trb Page 596 ATTACHMENT IV - APPENDIX A - TABLE 1 ESTIMATED DEVELOPMENT COSTS WAREHOUSE PROTOTYPE BASE SCENARIO: NO NON-RESIDENTIAL LINKAGE FEE 100,000 SF WAREHOUSE GBA NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS RANCHO CUCAMONGA, CALIFORNIA I.Site Acquisition Costs 250,000 Sf Land $20 /Sf Land $5,000,000 II.Direct Costs 1 Site Improvement Costs 250,000 Sf Land $3 /Sf Land $750,000 Surface Parking Costs 64 Spaces $2,500 /Space 159,000 Building Costs 100,000 Sf Warehouse GBA $30 /Sf Warehouse GBA 3,000,000 Tenant Improvement Costs 100,000 Sf Warehouse GBA $5 /Sf Warehouse GBA 500,000 Contractor Costs 20.0%Other Direct Costs 882,000 Total Direct Costs 100,000 Sf Warehouse GBA $100 /Sf Warehouse GBA $5,291,000 III.Indirect Costs Architecture, Engineering & Consulting 3.0%Direct Costs $159,000 Public Permits & Fees/Impact Fees 2 100,000 Sf Warehouse GBA $11 /Sf Warehouse GBA 1,140,000 Non-Residential Linkage Fee 100,000 Sf Warehouse GBA $0 /Sf Warehouse GBA 0 Taxes, Insurance, Legal & Accounting 3.0%Direct Costs 159,000 Marketing & Leasing Costs 100,000 Sf Warehouse GBA $3.00 /Sf Warehouse GBA 300,000 Development Management 4.0%Direct Costs 212,000 Contingency Allowance 5.0%Other Indirect Costs 99,000 Total Indirect Costs $2,069,000 IV.Financing Costs Construction Loan Interest 3 $13,290,000 Financed 4.50%Interest $508,000 Financing Fees Permanent Loan 70.00%Loan to Value 2.50 Points 422,000 Total Financing Costs $930,000 V.Total Construction Costs 100,000 Sf Warehouse GBA $83 /Sf Warehouse GBA $8,290,000 Total Development Costs 100,000 Sf Warehouse GBA $133 /Sf Warehouse GBA $13,290,000 VI.Non-Residential Linkage Fee Per SF as a Percentage of Development Costs 0.5% of Development Costs $0.66 1.0% of Development Costs $1.33 1.5% of Development Costs $1.99 2.0% of Development Costs $2.66 2.5% of Development Costs $3.32 3.0% of Development Costs $3.99 1 2 3 Assumes a 12-month construction period with a 60% average outstanding balance, and a 3-month lease-up period with a 100% average outstanding balance. Direct costs assume prevailing wage requirements will not be imposed on the Project. Based on impact fee estimates provided by City staff. KMA included $5/sf for other public permits and fees. City staff should verify the accuracy of this estimate. Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; Warehouse_BASE; trb Page 597 ATTACHMENT IV - APPENDIX A - TABLE 2 ESTIMATED STABILIZED NET OPERATING INCOME & RETURN ON INVESTMENT WAREHOUSE PROTOTYPE BASE SCENARIO: NO NON-RESIDENTIAL LINKAGE FEE 100,000 SF WAREHOUSE GBA NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS RANCHO CUCAMONGA, CALIFORNIA I.Warehouse Revenue Lease Revenue 1 100,000 Sf Warehouse GBA $12.00 /Sf Warehouse GBA $1,200,000 CAM Reimbursements 100,000 Sf Warehouse GBA $2.50 /Sf Warehouse GBA 250,000 Gross Warehouse Revenue $1,450,000 (Less) Vacancy & Collection Allowance 0.0%Gross Warehouse Revenue 0 Effective Gross Income $1,450,000 II.Warehouse Operating Expenses Operating Expenses 100,000 Sf Warehouse GBA $3.50 /Sf Warehouse GBA $350,000 Reserves 100,000 Sf Warehouse GBA $0.15 /Sf Warehouse GBA 15,000 Warehouse Operating Expenses $365,000 III.Warehouse Net Operating Income $1,085,000 IV.Estimated Return on Investment Net Operating Income $1,085,000 Total Development Costs See ATTACHMENT IV - APPENDIX A - TABLE 1 $13,290,000 V.Return on Investment 8.2% 1 Assumes a Modified Gross lease. Equates to $1.00 per square foot per month. Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; Warehouse_BASE; trb Page 598 ATTACHMENT IV - APPENDIX B WAREHOUSE PROTOTYPE NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS NON-RESIDENTIAL LINKAGE FEE @ $1/SF SCENARIO Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; Warehouse_$1; trb Page 599 ATTACHMENT IV - APPENDIX B - TABLE 1 ESTIMATED DEVELOPMENT COSTS WAREHOUSE PROTOTYPE NON-RESIDENTIAL LINKAGE FEE @ $1/SF SCENARIO 100,000 SF WAREHOUSE GBA NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS RANCHO CUCAMONGA, CALIFORNIA I.Site Acquisition Costs 250,000 Sf Land $20 /Sf Land $5,000,000 II.Direct Costs 1 Site Improvement Costs 250,000 Sf Land $3 /Sf Land $750,000 Surface Parking Costs 64 Spaces $2,500 /Space 159,000 Building Costs 100,000 Sf Warehouse GBA $30 /Sf Warehouse GBA 3,000,000 Tenant Improvement Costs 100,000 Sf Warehouse GBA $5 /Sf Warehouse GBA 500,000 Contractor Costs 20.0%Other Direct Costs 882,000 Total Direct Costs 100,000 Sf Warehouse GBA $100 /Sf Warehouse GBA $5,291,000 III.Indirect Costs Architecture, Engineering & Consulting 3.0%Direct Costs $159,000 Public Permits & Fees/Impact Fees 2 100,000 Sf Warehouse GBA $11 /Sf Warehouse GBA 1,140,000 Non-Residential Linkage Fee 100,000 Sf Warehouse GBA $1 /Sf Warehouse GBA 100,000 Taxes, Insurance, Legal & Accounting 3.0%Direct Costs 159,000 Marketing & Leasing Costs 100,000 Sf Warehouse GBA $3.00 /Sf Warehouse GBA 300,000 Development Management 4.0%Direct Costs 212,000 Contingency Allowance 5.0%Other Indirect Costs 104,000 Total Indirect Costs $2,174,000 IV.Financing Costs Construction Loan Interest 3 $13,400,000 Financed 4.50%Interest $513,000 Financing Fees Permanent Loan 70.00%Loan to Value 2.50 Points 422,000 Total Financing Costs $935,000 V.Total Construction Costs 100,000 Sf Warehouse GBA $84 /Sf Warehouse GBA $8,400,000 Total Development Costs 100,000 Sf Warehouse GBA $134 /Sf Warehouse GBA $13,400,000 1 2 3 Assumes a 12-month construction period with a 60% average outstanding balance, and a 3-month lease-up period with a 100% average outstanding balance. Direct costs assume prevailing wage requirements will not be imposed on the Project. Based on impact fee estimates provided by City staff. KMA included $5/sf for other public permits and fees. City staff should verify the accuracy of this estimate. Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; Warehouse_$1; trb Page 600 ATTACHMENT IV - APPENDIX B - TABLE 2 ESTIMATED STABILIZED NET OPERATING INCOME & RETURN ON INVESTMENT WAREHOUSE PROTOTYPE NON-RESIDENTIAL LINKAGE FEE @ $1/SF SCENARIO 100,000 SF WAREHOUSE GBA NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS RANCHO CUCAMONGA, CALIFORNIA I.Warehouse Revenue Lease Revenue 1 100,000 Sf Warehouse GBA $12.00 /Sf Warehouse GBA $1,200,000 CAM Reimbursements 100,000 Sf Warehouse GBA $2.50 /Sf Warehouse GBA 250,000 Gross Warehouse Revenue $1,450,000 (Less) Vacancy & Collection Allowance 0.0%Gross Warehouse Revenue 0 Effective Gross Income $1,450,000 II.Warehouse Operating Expenses Operating Expenses 100,000 Sf Warehouse GBA $3.50 /Sf Warehouse GBA $350,000 Reserves 100,000 Sf Warehouse GBA $0.15 /Sf Warehouse GBA 15,000 Warehouse Operating Expenses $365,000 III.Warehouse Net Operating Income $1,085,000 IV.Estimated Return on Investment Net Operating Income $1,085,000 Total Development Costs See ATTACHMENT IV - APPENDIX B - TABLE 1 $13,400,000 V.Return on Investment 8.1% 1 Assumes a Modified Gross lease. Equates to $1.00 per square foot per month. Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; Warehouse_$1; trb Page 601 ATTACHMENT IV - APPENDIX C WAREHOUSE PROTOTYPE NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS NON-RESIDENTIAL LINKAGE FEE @ $2/SF SCENARIO Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; Warehouse_$2; trb Page 602 ATTACHMENT IV - APPENDIX C - TABLE 1 ESTIMATED DEVELOPMENT COSTS WAREHOUSE PROTOTYPE NON-RESIDENTIAL LINKAGE FEE @ $2/SF SCENARIO 100,000 SF WAREHOUSE GBA NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS RANCHO CUCAMONGA, CALIFORNIA I.Site Acquisition Costs 250,000 Sf Land $20 /Sf Land $5,000,000 II.Direct Costs 1 Site Improvement Costs 250,000 Sf Land $3 /Sf Land $750,000 Surface Parking Costs 64 Spaces $2,500 /Space 159,000 Building Costs 100,000 Sf Warehouse GBA $30 /Sf Warehouse GBA 3,000,000 Tenant Improvement Costs 100,000 Sf Warehouse GBA $5 /Sf Warehouse GBA 500,000 Contractor Costs 20.0%Other Direct Costs 882,000 Total Direct Costs 100,000 Sf Warehouse GBA $100 /Sf Warehouse GBA $5,291,000 III.Indirect Costs Architecture, Engineering & Consulting 3.0%Direct Costs $159,000 Public Permits & Fees/Impact Fees 2 100,000 Sf Warehouse GBA $11 /Sf Warehouse GBA 1,140,000 Non-Residential Linkage Fee 100,000 Sf Warehouse GBA $2 /Sf Warehouse GBA 200,000 Taxes, Insurance, Legal & Accounting 3.0%Direct Costs 159,000 Marketing & Leasing Costs 100,000 Sf Warehouse GBA $3.00 /Sf Warehouse GBA 300,000 Development Management 4.0%Direct Costs 212,000 Contingency Allowance 5.0%Other Indirect Costs 109,000 Total Indirect Costs $2,279,000 IV.Financing Costs Construction Loan Interest 3 $13,509,000 Financed 4.50%Interest $517,000 Financing Fees Permanent Loan 70.00%Loan to Value 2.50 Points 422,000 Total Financing Costs $939,000 V.Total Construction Costs 100,000 Sf Warehouse GBA $85 /Sf Warehouse GBA $8,509,000 Total Development Costs 100,000 Sf Warehouse GBA $135 /Sf Warehouse GBA $13,509,000 1 2 Assumes a 12-month construction period with a 60% average outstanding balance, and a 3-month lease-up period with a 100% average outstanding balance. Direct costs assume prevailing wage requirements will not be imposed on the Project. Based on impact fee estimates provided by City staff. KMA included $5/sf for other public permits and fees. City staff should verify the accuracy of this estimate. Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; Warehouse_$2; trb Page 603 ATTACHMENT IV - APPENDIX C - TABLE 2 ESTIMATED STABILIZED NET OPERATING INCOME & RETURN ON INVESTMENT WAREHOUSE PROTOTYPE NON-RESIDENTIAL LINKAGE FEE @ $2/SF SCENARIO 100,000 SF WAREHOUSE GBA NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS RANCHO CUCAMONGA, CALIFORNIA I.Warehouse Revenue Lease Revenue 1 100,000 Sf Warehouse GBA $12.00 /Sf Warehouse GBA $1,200,000 CAM Reimbursements 100,000 Sf Warehouse GBA $2.50 /Sf Warehouse GBA 250,000 Gross Warehouse Revenue $1,450,000 (Less) Vacancy & Collection Allowance 0.0%Gross Warehouse Revenue 0 Effective Gross Income $1,450,000 II.Warehouse Operating Expenses Operating Expenses 100,000 Sf Warehouse GBA $3.50 /Sf Warehouse GBA $350,000 Reserves 100,000 Sf Warehouse GBA $0.15 /Sf Warehouse GBA 15,000 Warehouse Operating Expenses $365,000 III.Warehouse Net Operating Income $1,085,000 IV.Estimated Return on Investment Net Operating Income $1,085,000 Total Development Costs See ATTACHMENT IV - APPENDIX C - TABLE 1 $13,509,000 V.Return on Investment 8.0% 1 Assumes a Modified Gross lease. Equates to $1.00 per square foot per month. Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; Warehouse_$2; trb Page 604 ATTACHMENT IV - APPENDIX D WAREHOUSE PROTOTYPE NON-RESIDENTIAL LINKAGE FEE @ $3/SF SCENARIO NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; Warehouse_$3; trb Page 605 ATTACHMENT IV - APPENDIX D - TABLE 1 ESTIMATED DEVELOPMENT COSTS WAREHOUSE PROTOTYPE NON-RESIDENTIAL LINKAGE FEE @ $3/SF SCENARIO 100,000 SF WAREHOUSE GBA NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS RANCHO CUCAMONGA, CALIFORNIA I.Site Acquisition Costs 250,000 Sf Land $20 /Sf Land $5,000,000 II.Direct Costs 1 Site Improvement Costs 250,000 Sf Land $3 /Sf Land $750,000 Surface Parking Costs 64 Spaces $2,500 /Space 159,000 Building Costs 100,000 Sf Warehouse GBA $30 /Sf Warehouse GBA 3,000,000 Tenant Improvement Costs 100,000 Sf Warehouse GBA $5 /Sf Warehouse GBA 500,000 Contractor Costs 20.0%Other Direct Costs 882,000 Total Direct Costs 100,000 Sf Warehouse GBA $100 /Sf Warehouse GBA $5,291,000 III.Indirect Costs Architecture, Engineering & Consulting 3.0%Direct Costs $159,000 Public Permits & Fees/Impact Fees 2 100,000 Sf Warehouse GBA $11 /Sf Warehouse GBA 1,140,000 Non-Residential Linkage Fee 100,000 Sf Warehouse GBA $3 /Sf Warehouse GBA 300,000 Taxes, Insurance, Legal & Accounting 3.0%Direct Costs 159,000 Marketing & Leasing Costs 100,000 Sf Warehouse GBA $3.00 /Sf Warehouse GBA 300,000 Development Management 4.0%Direct Costs 212,000 Contingency Allowance 5.0%Other Indirect Costs 114,000 Total Indirect Costs $2,384,000 IV.Financing Costs Construction Loan Interest 3 $13,618,000 Financed 4.50%Interest $521,000 Financing Fees Permanent Loan 70.00%Loan to Value 2.50 Points 422,000 Total Financing Costs $943,000 V.Total Construction Costs 100,000 Sf Warehouse GBA $86 /Sf Warehouse GBA $8,618,000 Total Development Costs 100,000 Sf Warehouse GBA $136 /Sf Warehouse GBA $13,618,000 1 2 Direct costs assume prevailing wage requirements will not be imposed on the Project. Based on impact fee estimates provided by City staff. KMA included $5/sf for other public permits and fees. City staff should verify the accuracy of this estimate. Assumes a 12-month construction period with a 60% average outstanding balance, and a 3-month lease-up period with a 100% average outstanding balance. Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; Warehouse_$3; trb Page 606 ATTACHMENT IV - APPENDIX D - TABLE 2 ESTIMATED STABILIZED NET OPERATING INCOME & RETURN ON INVESTMENT WAREHOUSE PROTOTYPE NON-RESIDENTIAL LINKAGE FEE @ $3/SF SCENARIO 100,000 SF WAREHOUSE GBA NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS RANCHO CUCAMONGA, CALIFORNIA I.Warehouse Revenue Lease Revenue 1 100,000 Sf Warehouse GBA $12.00 /Sf Warehouse GBA $1,200,000 CAM Reimbursements 100,000 Sf Warehouse GBA $2.50 /Sf Warehouse GBA 250,000 Gross Warehouse Revenue $1,450,000 (Less) Vacancy & Collection Allowance 0.0%Gross Warehouse Revenue 0 Effective Gross Income $1,450,000 II.Warehouse Operating Expenses Operating Expenses 100,000 Sf Warehouse GBA $3.50 /Sf Warehouse GBA $350,000 Reserves 100,000 Sf Warehouse GBA $0.15 /Sf Warehouse GBA 15,000 Warehouse Operating Expenses $365,000 III.Warehouse Net Operating Income $1,085,000 IV.Estimated Return on Investment Net Operating Income $1,085,000 Total Development Costs See ATTACHMENT IV - APPENDIX D - TABLE 1 $13,618,000 V.Return on Investment 8.0% 1 Assumes a Modified Gross lease. Equates to $1.00 per square foot per month. Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; Warehouse_$3; trb Page 607 ATTACHMENT V RESEARCH AND DEVELOPMENT PROTOTYPE NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS RANCHO CUCAMONGA, CALIFORNIA Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; ATT V_TITLE; trb Page 608 ATTACHMENT V - APPENDIX A RESEARCH AND DEVELOPMENT PROTOTYPE NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS BASE SCENARIO: NO NON-RESIDENTIAL LINKAGE FEE Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; R & D_BASE; trb Page 609 ATTACHMENT V - APPENDIX A - TABLE 1 ESTIMATED DEVELOPMENT COSTS RESEARCH AND DEVELOPMENT PROTOTYPE BASE SCENARIO: NO NON-RESIDENTIAL LINKAGE FEE 100,000 SF R&D GBA NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS RANCHO CUCAMONGA, CALIFORNIA I.Site Acquisition Costs 200,000 Sf Land $20 /Sf Land $4,000,000 II.Direct Costs 1 Site Improvement Costs 200,000 Sf Land $3 /Sf Land $600,000 Surface Parking 300 Spaces $2,500 /Space 750,000 Building Costs 100,000 Sf R&D GBA $30 /Sf R&D GBA 3,000,000 Tenant Improvement Costs 100,000 Sf R&D GBA $5 /Sf R&D GBA 500,000 Contractor Costs 20.0%Other Direct Costs 970,000 Total Direct Costs 100,000 Sf R&D GBA $58 /Sf R&D GBA $5,820,000 III.Indirect Costs Architecture, Engineering & Consulting 3.0%Direct Costs $175,000 Public Permits & Fees/Impact Fees 2 100,000 Sf R&D GBA $21 /Sf R&D GBA 2,055,000 Non-Residential Linkage Fee 100,000 Sf R&D GBA $0 /Sf R&D GBA 0 Taxes, Insurance, Legal & Accounting 3.0%Direct Costs 175,000 Marketing & Leasing Costs 100,000 Sf R&D GBA $3.00 /Sf R&D GBA 300,000 Development Management 4.0%Direct Costs 233,000 Contingency Allowance 5.0%Other Indirect Costs 147,000 Total Indirect Costs $3,085,000 IV.Financing Costs Construction Loan Interest 3 $13,799,000 Financed 4.50%Interest $528,000 Financing Fees Permanent Loan 70.00%Loan to Value 2.50 Points 366,000 Total Financing Costs $894,000 V.Total Construction Costs 100,000 Sf R&D GBA $98 /Sf R&D GBA $9,799,000 Total Development Costs 100,000 Sf R&D GBA $138 /Sf R&D GBA $13,799,000 VI.Non-Residential Linkage Fee Per SF as a Percentage of Development Costs 0.5% of Development Costs $0.69 1.0% of Development Costs $1.38 1.5% of Development Costs $2.07 2.0% of Development Costs $2.76 2.5% of Development Costs $3.45 3.0% of Development Costs $4.14 1 2 3 Assumes a 12-month construction period with a 60% average outstanding balance, and a 3-month lease-up period with a 100% average outstanding balance. Direct costs assume prevailing wage requirements will not be imposed on the Project. Based on impact fee estimates provided by City staff. KMA included $5/sf for other public permits and fees. City staff should verify the accuracy of this estimate. Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; R & D_BASE; trb Page 610 ATTACHMENT V - APPENDIX A - TABLE 2 ESTIMATED STABILIZED NET OPERATING INCOME & RETURN ON INVESTMENT RESEARCH AND DEVELOPMENT PROTOTYPE BASE SCENARIO: NO NON-RESIDENTIAL LINKAGE FEE 100,000 SF R&D GBA NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS RANCHO CUCAMONGA, CALIFORNIA I.Research and Development Revenue Lease Revenue 1 100,000 Sf R&D GBA $12.00 /Sf R&D GBA $1,200,000 CAM Reimbursements 100,000 Sf R&D GBA $2.50 /Sf R&D GBA 250,000 Gross Research and Development Revenue $1,450,000 (Less) Vacancy & Collection Allowance 10.0%Gross Income (145,000) Effective Gross Income $1,305,000 II.Research and Development Operating Expenses Operating Expenses 100,000 Sf R&D GBA $3.50 /Sf R&D GBA $350,000 Reserves 100,000 Sf R&D GBA $0.15 /Sf R&D GBA 15,000 Research and Development Operating Expenses $365,000 III.Research and Development Net Operating Income $940,000 IV.Estimated Return on Investment Net Operating Income $940,000 Total Development Costs See ATTACHMENT V - APPENDIX A - TABLE 1 $13,799,000 V.Return on Investment 6.8% 1 Assumes a Modified Gross lease. Equates to a lease rate of $1.00 per square foot per month. Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; R & D_BASE; trb Page 611 ATTACHMENT V - APPENDIX B RESEARCH AND DEVELOPMENT PROTOTYPE NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS NON-RESIDENTIAL LINKAGE FEE @ $1/SF SCENARIO Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; R & D_$1; trb Page 612 ATTACHMENT V - APPENDIX B - TABLE 1 ESTIMATED DEVELOPMENT COSTS RESEARCH AND DEVELOPMENT PROTOTYPE NON-RESIDENTIAL LINKAGE FEE @ $1/SF SCENARIO 100,000 SF R&D GBA NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS RANCHO CUCAMONGA, CALIFORNIA I.Site Acquisition Costs 200,000 Sf Land $20 /Sf Land $4,000,000 II.Direct Costs 1 Site Improvement Costs 200,000 Sf Land $3 /Sf Land $600,000 Surface Parking 300 Spaces $2,500 /Space 750,000 Building Costs 100,000 Sf R&D GBA $30 /Sf R&D GBA 3,000,000 Tenant Improvement Costs 100,000 Sf R&D GBA $5 /Sf R&D GBA 500,000 Contractor Costs 20.0%Other Direct Costs 970,000 Total Direct Costs 100,000 Sf R&D GBA $58 /Sf R&D GBA $5,820,000 III.Indirect Costs Architecture, Engineering & Consulting 3.0%Direct Costs $175,000 Public Permits & Fees/Impact Fees 2 100,000 Sf R&D GBA $21 /Sf R&D GBA 2,055,000 Non-Residential Linkage Fee 100,000 Sf R&D GBA $1 /Sf R&D GBA 100,000 Taxes, Insurance, Legal & Accounting 3.0%Direct Costs 175,000 Marketing & Leasing Costs 100,000 Sf R&D GBA $3.00 /Sf R&D GBA 300,000 Development Management 4.0%Direct Costs 233,000 Contingency Allowance 5.0%Other Indirect Costs 152,000 Total Indirect Costs $3,190,000 IV.Financing Costs Construction Loan Interest 3 $13,908,000 Financed 4.50%Interest $532,000 Financing Fees Permanent Loan 70.00%Loan to Value 2.50 Points 366,000 Total Financing Costs $898,000 V.Total Construction Costs 100,000 Sf R&D GBA $99 /Sf R&D GBA $9,908,000 Total Development Costs 100,000 Sf R&D GBA $139 /Sf R&D GBA $13,908,000 1 2 3 Assumes a 12-month construction period with a 60% average outstanding balance, and a 3-month lease-up period with a 100% average outstanding balance. Direct costs assume prevailing wage requirements will not be imposed on the Project. Based on impact fee estimates provided by City staff. KMA included $5/sf for other public permits and fees. City staff should verify the accuracy of this estimate. Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; R & D_$1; trb Page 613 ATTACHMENT V - APPENDIX B - TABLE 2 ESTIMATED STABILIZED NET OPERATING INCOME & RETURN ON INVESTMENT RESEARCH AND DEVELOPMENT PROTOTYPE NON-RESIDENTIAL LINKAGE FEE @ $1/SF SCENARIO 100,000 SF R&D GBA NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS RANCHO CUCAMONGA, CALIFORNIA I.Research and Development Revenue Lease Revenue 1 100,000 Sf R&D GBA $12.00 /Sf R&D GBA $1,200,000 CAM Reimbursements 100,000 Sf R&D GBA $2.50 /Sf R&D GBA 250,000 Gross Research and Development Revenue $1,450,000 (Less) Vacancy & Collection Allowance 10.0%Gross Income (145,000) Effective Gross Income $1,305,000 II.Research and Development Operating Expenses Operating Expenses 100,000 Sf R&D GBA $3.50 /Sf R&D GBA $350,000 Reserves 100,000 Sf R&D GBA $0.15 /Sf R&D GBA 15,000 Research and Development Operating Expenses $365,000 III.Research and Development Net Operating Income $940,000 IV.Estimated Return on Investment Net Operating Income $940,000 Total Development Costs See ATTACHMENT V - APPENDIX B - TABLE 1 $13,908,000 V.Return on Investment 6.8% 1 Assumes a Modified Gross lease. Equates to a lease rate of $1.00 per square foot per month. Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; R & D_$1; trb Page 614 ATTACHMENT V - APPENDIX C RESEARCH AND DEVELOPMENT PROTOTYPE NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS NON-RESIDENTIAL LINKAGE FEE @ $2/SF SCENARIO Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; R & D_$2; trb Page 615 ATTACHMENT V - APPENDIX C - TABLE 1 ESTIMATED DEVELOPMENT COSTS RESEARCH AND DEVELOPMENT PROTOTYPE NON-RESIDENTIAL LINKAGE FEE @ $2/SF SCENARIO 100,000 SF R&D GBA NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS RANCHO CUCAMONGA, CALIFORNIA I.Site Acquisition Costs 200,000 Sf Land $20 /Sf Land $4,000,000 II.Direct Costs 1 Site Improvement Costs 200,000 Sf Land $3 /Sf Land $600,000 Surface Parking 300 Spaces $2,500 /Space 750,000 Building Costs 100,000 Sf R&D GBA $30 /Sf R&D GBA 3,000,000 Tenant Improvement Costs 100,000 Sf R&D GBA $5 /Sf R&D GBA 500,000 Contractor Costs 20.0%Other Direct Costs 970,000 Total Direct Costs 100,000 Sf R&D GBA $58 /Sf R&D GBA $5,820,000 III.Indirect Costs Architecture, Engineering & Consulting 3.0%Direct Costs $175,000 Public Permits & Fees/Impact Fees 2 100,000 Sf R&D GBA $21 /Sf R&D GBA 2,055,000 Non-Residential Linkage Fee 100,000 Sf R&D GBA $2 /Sf R&D GBA 200,000 Taxes, Insurance, Legal & Accounting 3.0%Direct Costs 175,000 Marketing & Leasing Costs 100,000 Sf R&D GBA $3.00 /Sf R&D GBA 300,000 Development Management 4.0%Direct Costs 233,000 Contingency Allowance 5.0%Other Indirect Costs 157,000 Total Indirect Costs $3,295,000 IV.Financing Costs Construction Loan Interest 3 $14,017,000 Financed 4.50%Interest $536,000 Financing Fees Permanent Loan 70.00%Loan to Value 2.50 Points 366,000 Total Financing Costs $902,000 V.Total Construction Costs 100,000 Sf R&D GBA $100 /Sf R&D GBA $10,017,000 Total Development Costs 100,000 Sf R&D GBA $140 /Sf R&D GBA $14,017,000 1 2 3 Assumes a 12-month construction period with a 60% average outstanding balance, and a 3-month lease-up period with a 100% average outstanding balance. Direct costs assume prevailing wage requirements will not be imposed on the Project. Based on impact fee estimates provided by City staff. KMA included $5/sf for other public permits and fees. City staff should verify the accuracy of this estimate. Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; R & D_$2; trb Page 616 ATTACHMENT V - APPENDIX C - TABLE 2 ESTIMATED STABILIZED NET OPERATING INCOME & RETURN ON INVESTMENT RESEARCH AND DEVELOPMENT PROTOTYPE NON-RESIDENTIAL LINKAGE FEE @ $2/SF SCENARIO 100,000 SF R&D GBA NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS RANCHO CUCAMONGA, CALIFORNIA I.Research and Development Revenue Lease Revenue 1 100,000 Sf R&D GBA $12.00 /Sf R&D GBA $1,200,000 CAM Reimbursements 100,000 Sf R&D GBA $2.50 /Sf R&D GBA 250,000 Gross Research and Development Revenue $1,450,000 (Less) Vacancy & Collection Allowance 10.0%Gross Income (145,000) Effective Gross Income $1,305,000 II.Research and Development Operating Expenses Operating Expenses 100,000 Sf R&D GBA $3.50 /Sf R&D GBA $350,000 Reserves 100,000 Sf R&D GBA $0.15 /Sf R&D GBA 15,000 Research and Development Operating Expenses $365,000 III.Research and Development Net Operating Income $940,000 IV.Estimated Return on Investment Net Operating Income $940,000 Total Development Costs See ATTACHMENT V - APPENDIX C - TABLE 1 $14,017,000 V.Return on Investment 6.7% 1 Assumes a Modified Gross lease. Equates to a lease rate of $1.00 per square foot per month. Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; R & D_$2; trb Page 617 ATTACHMENT V - APPENDIX D RESEARCH AND DEVELOPMENT PROTOTYPE NON-RESIDENTIAL LINKAGE FEE @ $3/SF SCENARIO NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; R & D_$3; trb Page 618 ATTACHMENT V - APPENDIX D - TABLE 1 ESTIMATED DEVELOPMENT COSTS RESEARCH AND DEVELOPMENT PROTOTYPE NON-RESIDENTIAL LINKAGE FEE @ $3/SF SCENARIO 100,000 SF R&D GBA NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS RANCHO CUCAMONGA, CALIFORNIA I.Site Acquisition Costs 200,000 Sf Land $20 /Sf Land $4,000,000 II.Direct Costs 1 Site Improvement Costs 200,000 Sf Land $3 /Sf Land $600,000 Surface Parking 300 Spaces $2,500 /Space 750,000 Building Costs 100,000 Sf R&D GBA $30 /Sf R&D GBA 3,000,000 Tenant Improvement Costs 100,000 Sf R&D GBA $5 /Sf R&D GBA 500,000 Contractor Costs 20.0%Other Direct Costs 970,000 Total Direct Costs 100,000 Sf R&D GBA $58 /Sf R&D GBA $5,820,000 III.Indirect Costs Architecture, Engineering & Consulting 3.0%Direct Costs $175,000 Public Permits & Fees/Impact Fees 2 100,000 Sf R&D GBA $21 /Sf R&D GBA 2,055,000 Non-Residential Linkage Fee 100,000 Sf R&D GBA $3 /Sf R&D GBA 300,000 Taxes, Insurance, Legal & Accounting 3.0%Direct Costs 175,000 Marketing & Leasing Costs 100,000 Sf R&D GBA $3.00 /Sf R&D GBA 300,000 Development Management 4.0%Direct Costs 233,000 Contingency Allowance 5.0%Other Indirect Costs 162,000 Total Indirect Costs $3,400,000 IV.Financing Costs Construction Loan Interest 3 $14,126,000 Financed 4.50%Interest $540,000 Financing Fees Permanent Loan 70.00%Loan to Value 2.50 Points 366,000 Total Financing Costs $906,000 V.Total Construction Costs 100,000 Sf R&D GBA $101 /Sf R&D GBA $10,126,000 Total Development Costs 100,000 Sf R&D GBA $141 /Sf R&D GBA $14,126,000 1 2 3 Direct costs assume prevailing wage requirements will not be imposed on the Project. Based on impact fee estimates provided by City staff. KMA included $5/sf for other public permits and fees. City staff should verify the accuracy of this estimate. Assumes a 12-month construction period with a 60% average outstanding balance, and a 3-month lease-up period with a 100% average outstanding balance. Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; R & D_$3; trb Page 619 ATTACHMENT V - APPENDIX D - TABLE 2 ESTIMATED STABILIZED NET OPERATING INCOME & RETURN ON INVESTMENT RESEARCH AND DEVELOPMENT PROTOTYPE NON-RESIDENTIAL LINKAGE FEE @ $3/SF SCENARIO 100,000 SF R&D GBA NON-RESIDENTIAL LINKAGE FEE FINANCIAL FEASIBILITY ANALYSIS RANCHO CUCAMONGA, CALIFORNIA I.Research and Development Revenue Lease Revenue 1 100,000 Sf R&D GBA $12.00 /Sf R&D GBA $1,200,000 CAM Reimbursements 100,000 Sf R&D GBA $2.50 /Sf R&D GBA 250,000 Gross Research and Development Revenue $1,450,000 (Less) Vacancy & Collection Allowance 10.0%Gross Income (145,000) Effective Gross Income $1,305,000 II.Research and Development Operating Expenses Operating Expenses 100,000 Sf R&D GBA $3.50 /Sf R&D GBA $350,000 Reserves 100,000 Sf R&D GBA $0.15 /Sf R&D GBA 15,000 Research and Development Operating Expenses $365,000 III.Research and Development Net Operating Income $940,000 IV.Estimated Return on Investment Net Operating Income $940,000 Total Development Costs See ATTACHMENT V - APPENDIX D - TABLE 1 $14,126,000 V.Return on Investment 6.7% 1 Assumes a Modified Gross lease. Equates to a lease rate of $1.00 per square foot per month. Prepared by: Keyser Marston Associates, Inc. Filename: RC_Feasibility Analysis_10 5 21.xlsx; R & D_$3; trb Page 620 Survey of Affordable Housing Impact Fees Jurisdiction Yr. Adopted/ Updated Thresholds & Exemptions Comments San Francisco Population: 864,000 1981 Updated 2002, 2007 2019 Retail / Entertainment Hotel Office (50,000 gsf and above) Office (<50,000 gsf) Laboratory Small Enterprise Workspace $28.13 $22.57 $69.60 $62.64 $38.37 $23.70 25,000 gsf threshold Exempt: freestanding pharmacy < 50,000 SF; grocery < 75,000 Office and Laboratory fees reflect fully phased in January 1, 2021 fee levels. Fee is adjusted annually based on the construction cost increases. County of Santa Clara 2018 Academic Space (Stanford University)$68.50 Fee in effect July 1, 2020. City of Palo Alto Population: 67,000 1984 Updated 2002 and 2017. Office & R&D Other Commercial $36.53 $21.26 Churches; universities; recreation; hospitals; private educational facilities; day care and nursery school; public facilities; retail, restaurants, services < 1,500 sf are exempt Fee is adjusted annually based on CPI. City of Menlo Park Population: 34,000 1998 Office & R&D Other com./industrial $18.69 $10.14 10,000 gross SF threshold Churches, private clubs, lodges, fraternal orgs, public facilities and projects with few or no employees are exempt. Fee is adjusted annually based on CPI. City of Sunnyvale Population: 152,000 1984 Updated 2003 and 2015. Industrial, Office, R&D Retail, Hotel $16.50 $8.25 Office fee is 50% on the first 25,000 SF of building area. Exemptions for Child care, education, hospital, non- profits, public uses. Fee is adjusted annually based on CPI. City of Santa Clara Population: 125,000 2017 Office 20,000 SF + Office, under 20,000 SF Industrial 20,000 SF + Industrial under 20,000 SF Retail, Hotel, Other 5,000 SF+ Low intensity uses $20.00 $10.00 $10.00 $5.00 $5.00 $2.00 Assembly, day care, nursery, schools and hospitals and commercial space in a mixed use project under 20,000 square feet are exempt. Fee is adjusted annually based on ENR. City of San Mateo Population: 104,000 2016 Office Hotel Retail $26.10 $10.44 $5.22 5,000 SF threshold 25% fee reduction for projections paying prevailing wage. Schools, religious, child care centers, public and non-profit uses exempt. Fee is adjusted annually based on ENR. City of Foster City Population: 34,000 2016 Office , Medical Office and R&D Hotel Retail, Restaurant and Services $27.50 $12.50 $6.25 5,000 SF threshold Schools, places of public assembly, recreational facilities, hospitals, cultural institutions, childcare facilities, nursing homes, rest homes, residential care facilities, and skilled South San Francisco Population: 67,000 2018 Office , Medical Office and R&D Hotel Retail, Restaurant and Services $15.00 $5.00 $2.50 25% fee reduction for projections paying prevailing wage. Schools, churches, child care centers, public uses exempt. East Palo Alto Population: 30,000 2016 non-residential $10.72 10,000 SF threshold Fee Level (per Sq.Ft. unless otherwise noted) Attachment 3Page621 Survey of Affordable Housing Impact Fees Jurisdiction Yr. Adopted/ Updated Thresholds & Exemptions CommentsFee Level (per Sq.Ft. unless otherwise noted) San Bruno Population: 43,000 2015 Office and R&D Hotel Retail, Restaurant, Services $13.10 $13.10 $6.55 No minimum threshold Fee is adjusted annually based on ENR. Redwood City Population: 84,000 2015 Office (Medical, R&D, Admin) Hotel Retail & Restaurant $20.00 $5.00 $5.00 5,000 SF threshold 25% fee reduction for projections paying prevailing wage. Schools, child care centers, public uses exempt. Fee is adjusted annually based on ENR. City of Mountain View Population: 80,000 Updated 2002 / 2012 /2014 /2016 Office/High Tech/Indust. Hotel/Retail/Entertainment. $28.25 $3.02 Fee is 50% on building area under thresholds: Office <10,000 SF Hotel <25,000 SF Retail <25,000 SF Fee is adjusted annually based on CPI. City of Cupertino Population: 61,000 1993, 2015 Office/Industrial/R&D Hotel/Commercial/Retail $24.60 $12.30 No minimum threshold.Fee is adjusted annually based on CPI. City of Los Altos Population: 31,000 2018 Office (recommended fee level) All Other Non-Residential (rec. fee) $25.00 $15.00 500 SF threshold Fee is adjusted annually based on CPI. City of Milpitas Population: 75,000 2019 Office/ Retail Industrial $8.00 $4.00 5,000 SF threshold Assembly, day care, schools, hospitals exempt. Fee is adjusted annually based on ENR. County of San Mateo Population: 763,000 2016 Office/Medical/R&D Hotel Retail / Restaurant /Services $25.00 $10.00 $5.00 3,500 SF threshold; 25% fee reduction for prevailing wage. public, institutional, childcare, recreational, assisted living exempt. Fee is adjusted annually based on ENR. City of Culver City Population: 39,800 2021 $5.00 10,000 SF threshold; exempts housing components of mixed-use projects; institutional, religious, educational, recreation facilities exempt. Yes City of Los Angeles Population: 3.9 million 2017 All non residential uses; fee varies depending on location in the city (designated as low, meidum, medium-high, and high market areas) $3.11 - $5.19 15,000 SF threshold; exempts hospitals, grocery stores if none within 1/3 mile, public institutional projects Fee adjusted annually using CPI. City of Glendale Population: 203,800 2019 All non residential uses $4.00 1,250 SF threshold; hotels, auto dealers, institutional uses, reconstructions due to acts of nature exempt No City of West Hollywood Population: 36,100 2018 All non residential uses $8.68 10,000 SF threshold Yes San Diego Population: 3.3 million 1990 All non residential uses; fees vary by type of construction $.08 - $2.12 Non profit hospitals, manufacturing/warehouse, government uses exempted Yes Attachment 3Page622 Survey of Affordable Housing Impact Fees Jurisdiction Yr. Adopted/ Updated Thresholds & Exemptions CommentsFee Level (per Sq.Ft. unless otherwise noted) Santa Monica Population: 92,900 2015 All non residential uses; fees vary by type of construction $3.07 - $11.21 Institutional projects, commercial portions of apartment projects developed by non-profit housing providers if public assistance is provided Automatically adjusted annually Attachment 3Page623 Ordinance No. 991 – Page 1 of 6 ORDINANCE NO. 991 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING CHAPTER 3.76 TO THE RANCHO CUCAMONGA MUNICIPAL CODE TO ESTABLISH AN AFFORDABLE HOUSING DEVELOPMENT IMPACT FEE A. RECITALS 1. There is a shortage of affordable housing in the City of Rancho Cucamonga, as evidenced in the City's Housing Element. 2. New non-residential (e.g. retail/commercial, office, industrial, warehouse, and research and development) development creates a variety of new jobs with varied degrees of compensation for workers in such developments. 3. The addition of new workers in these new non-residential developments generates housing demand for households at extremely low, very low, low, and moderate incomes. 4. Due to housing and market conditions, new market-rate development projects in the City have provided a disproportionate quantity of housing units that are not affordable to all income groups, creating an unbalanced housing stock. 5. There is a low vacancy rate for housing affordable to persons of extremely low, very low, low, and moderate income households. 6. Rancho Cucamonga has one of the least affordable real estate markets in San Bernardino County. 7. Due to these factors, workers of extremely low, very low, low, and moderate income are experiencing increasing difficulty in locating and maintaining adequate, safe, and sanitary affordable housing within or near the City. 8. The failure to provide adequate affordable housing for lower-wage workers can force these workers to live in less than adequate housing within the City, pay a significantly disproportionate share of their incomes to live in adequate housing within the City, or commute ever-increasing distances to their jobs from housing located outside the City. 9. The lack of affordable housing has detrimental impacts on traffic, transit, and related air quality impacts and the demands placed on the regional transportation infrastructure. 10. Non-residential uses in the City benefit from the availability of housing close to their employees. 11. The City has commissioned the preparation of a Non-Residential Linkage Fee Nexus Study, prepared by Keyser Marston Associates, Inc., dated October 5, 2021 ("Nexus Study"), to analyze the relationship between non-residential development, job creation, and the demand for affordable housing, in compliance with the Mitigation Fee Act (California Government Code Sections 66000 et seq.). 12. According to the Nexus Study (pgs. 10-25), a nexus exists between the addition of new non- residential development and the jobs/new workers that this development creates, and the workers' Page 624 Ordinance No. 991 – Page 2 of 6 need for additional housing in proximity to the jobs, a portion of which must be affordable to low- income workers. 13. More specifically, the Nexus Study documents the linkage between new and expanded non- residential development, the net number of new employees and employee households generated by businesses occupying these land use buildings, and the housing demands of these households. 14. As discussed in detail in the Nexus Study, new housing affordable to persons identified in the Nexus Study is not now being added to the supply in sufficient quantity to meet the needs of the new employee households associated with new or expanded non-residential development. 15. The Nexus Study quantifies the cost mitigation associated with developing affordable housing units based on the identified need resulting from employees generated by new non-residential development. 16. The City Council is imposing the fee established by this Ordinance in order to partially close this gap by using the fee to help finance additional affordable housing stock. 17. The Rancho Cucamonga Municipal Code does not currently establish an adequate mechanism to account for the impact that non-residential development has on increasing the need for affordable housing. 18. Requiring non-residential developers to assist in the production of affordable housing is also consistent with the City's long-standing commitment to achieve and maintain a suitable living environment, including housing for all economic levels. 20. This municipal commitment conforms with State and Federal policies and is an important goal of the City's draft Housing Element, which is expected to be adopted in the coming months. 21. Program HE-12 of the City's draft 2021-2029 Housing Element states: “The City has seen a significant increase in non-residential development in recent years, resulting in job increases in multiple business sectors and an increased associated need for affordable housing. To mitigate the impact of newly generated jobs on the local housing market, the City will explore a linkage fee for non-residential development.” 22. This fee program will benefit the City as a whole since each development which contributes to affordable housing through the payment of this fee assists in augmenting the City's housing mix, helps to increase the supply of housing for all economic segments of the community, and addresses the affordable housing need generated by the development, thereby supporting a balanced community which is beneficial to the public health, safety, and welfare of the City. 23. The City wishes to impose an affordable housing development impact fee on non- residential development, and to deposit such fees into a newly-established and stand-alone fund to partially fund development of affordable housing in the City. 24. All prerequisites necessary to the adoption of this ordinance have occurred, including the noticing procedures outlined in the Mitigation Fee Act. B. ORDINANCE The City Council of the City of Rancho Cucamonga does ordain as follows: Section 1. Findings Page 625 Ordinance No. 991 – Page 3 of 6 A. The provision of safe and stable housing for households at all income levels is essential for the public welfare of the City of Rancho Cucamonga. Housing in the City has become steadily more expensive and housing costs have gone up faster than incomes. Federal and state government programs do not provide enough affordable housing to satisfy the needs of very low, low, or moderate income households. As a result, there is a severe shortage of adequate, affordable- housing for very low, lower, and moderate income households, as evidenced by the following findings in the City's draft 2021-2029 Housing Element: 1. The City had a regional housing need between 2013 and 2021 to construct 209 very low income units, 141 low income units and 158 moderate income units. According to the 2020 Housing Element Annual Progress Report, between 2013 and 2020, 18 very low income units, 11 low income units and 171 moderate income units were permitted. Less than 40 percent of the very low, low and moderate allocated units were permitted during the current housing cycle period. 2. The City has a regional housing need between 2021 and 2029 to construct 3,245 extremely low/very low income units, 1,920 low income units, and 2,031 moderate income units (Draft Housing Element 2021-2029, Table HE-47, Page 72). According to the draft Housing Element, after accounting for potential future Accessory Dwelling Units, the City still needs to construct 3,209 extremely low/very low income units and 1,864 low income units. Therefore, the City's current policies have not been sufficient to generate enough new housing affordable to Extremely Low Income, Very Low Income, and Low Income households. B. The City Council finds that there is a dire need for housing to accommodate the significant workforce increase caused by non-residential development in recent years. Such job increases in multiple business sectors is correlated with an increased associated need for affordable housing. To mitigate the impact of newly generated jobs on the local housing market, the City Council finds that there is a need for non-residential development to support the resulting workforce’s affordable housing demand. Section 2. A new Chapter 3.76 entitled “Affordable Housing Linkage Fee” is hereby added to Title 3 (“Revenue and Finance”) of the Rancho Cucamonga Municipal Code to read as follows: Chapter 3.76 AFFORDABLE HOUSING DEVELOPMENT IMPACT FEE 3.76.010 Purpose and Intent. 3.76.020 Definitions. 3.76.030 Affordable Housing Development Impact Fee. 3.76.040 Adjustments or Waivers. 3.76.050 Conversion. 3.76.060 Use of Funds. 3.76.010 Purpose and Intent. A. The purpose of this chapter is to facilitate the development and availability of housing affordable to a range of households with varying income levels within the city through creation and imposition of a fee on new non-residential development, which will partially fund the need for affordable housing created by the workforce of new development. B. The requirements of this chapter are based on a number of factors including, but not limited to, the city's long-standing commitment to increasing opportunities for affordable housing; the immediate need for affordable housing, as reflected in local, state, and federal housing regulations and policies; the demand for affordable housing created by non-residential development; and the impact that the lack of affordable housing production has on the health, safety, and welfare of the city's residents including its impacts on traffic, transit and related air quality impacts, and the demands placed on the regional transportation infrastructure. Imposing a fee that is reasonably related to the burdens created Page 626 Ordinance No. 991 – Page 4 of 6 by new non-residential development on the city's need for affordable housing will enable the city to fund development of affordable housing units that will contribute to addressing these impacts and fulfilling these goals. C. It is the intent of the city council that the fee required by this chapter shall be supplementary to any conditions imposed upon a development project pursuant to other provisions of this code, the Subdivision Map Act, the California Environmental Quality Act, and other state and local laws, which may authorize the imposition of project-specific conditions on development. 3.76.020 Definitions. For the purpose of this chapter, the following words, terms, and phrases shall be defined as set forth below: "Affordable housing development impact fee" means the fee paid by a developer of a non-residential development project to mitigate the impacts that such a project has on the demand for affordable housing in the city. "Affordable housing development impact fund" means a fund or account designated by the city to maintain and account for all monies received pursuant to this chapter. "Non-residential development project" means the construction or the addition of new non-residential gross floor area, or the conversion from a use exempt from the affordable housing development impact fee to a use subject to the affordable housing development impact fee. Non-residential development includes retail/commercial, office, industrial, warehouse, and research and development uses. "Community land uses which serve the public" means uses that include, but are not limited to, hospitals, places of worship, museums, educational facilities (public K-12 schools, community colleges, and colleges and universities), youth and recreational facilities, retirement or rest homes, emergency shelters, and other such institutional uses which serve the public, as determined by the director. "Developer" means any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities, which seeks or applies for city approvals, permits or entitlements for all or part of a non-residential development project. "Director” shall mean the engineering services director. "Gross floor area" shall have the same meaning as set forth in section 17.126.020 ("Floor area, gross"). "Mixed-use development" shall have the same meaning as that set forth in section 17.126.020 (“Development, mixed use”). 3.76.030 Affordable Housing Development Impact Fee. A. Requirement. An affordable housing development impact fee is hereby imposed on all non-residential development projects, except those exempt projects identified below. No application for a building permit for a non-residential development project shall be approved, nor shall any such non- residential development project be constructed, without first complying with this chapter. The fee imposed by this chapter shall be paid by each developer no sooner than issuance of a building permit and no later than issuance of a certificate of occupancy for the structure. No certificate of occupancy shall be issued for a non-residential development project that has not paid the fee required under this chapter. The amount of the fee shall be calculated at the time the fee is paid, based upon the rate then in effect. B. Exemptions. Notwithstanding subsection A above, this chapter shall not apply to the following: Page 627 Ordinance No. 991 – Page 5 of 6 1. Any non-residential development project with a gross floor area of 10,000 square feet or less; 2. Community land uses which serve the public, as defined by this ordinance; 3. Reconstruction of any building that was destroyed by fire, flood, earthquake or other act of nature, so long as the square footage does not exceed the square footage before the loss; 4. The residential portion of a mixed-use development project; 5. Utility, transportation, public facility, and communication uses; 6. Any non-residential development project developed by a public agency; 7. The non-residential area of any mixed-use project that includes at least 5% of the total number of residential units reserved for extremely low/very low or low income households. The applicant shall enter into a regulatory agreement with the city to preserve the units at such income levels for at least 45 years. The agreement shall be recorded as a deed restriction against the property. C. Calculation of the fee. The affordable housing development impact fee shall be charged on new gross floor area, subject to section 3.76.050. The amount of the fee shall be established by resolution of the city council. 3.76.040 Adjustments or Waivers. A. The requirements of this chapter may be adjusted or waived by the City Council if the developer demonstrates that an insufficient nexus exists between the proposed use and the affordable housing development impact fee. The developer shall submit documentation demonstrating this with a request for an adjustment or waiver in writing to the director no later than ten days prior to the public hearing on the development permit application for the project or, if no development permit is required, at the time of the filing of the request for a building permit. The developer shall provide such additional information as may be required by the director to process the request for consideration by the City Council. B. The requirements of this chapter may be adjusted or waived by the City Council if the developer demonstrates that applying this chapter would constitute a taking of property without just compensation in violation of the United States and/or California Constitutions. The developer shall submit a request for an adjustment or waiver in writing to the director no later than ten days prior to the public hearing on the development permit application for the project or, if no development permit is required, at the time of the filing of the request for a building permit than the date it files its initial development application with the city. The developer shall provide such additional information as may be required by the director to process the request for consideration by the City Council. 3.76.050 Conversion. If a development is exempt from the fee at initial construction, but later converts to a non-residential development project subject to the fee, the converted square footage will be deemed new gross floor area and the affordable housing development impact fee shall be paid pursuant to section 3.76.030. The amount of the fee shall be calculated at the time the fee is paid, based upon the rate then in effect. 3.76.060 Use of Funds. All funds derived from this chapter shall be placed in a separate and distinct affordable housing development impact fund and used solely to increase the supply of housing affordable to extremely Page 628 Ordinance No. 991 – Page 6 of 6 low, very low, low and moderate income households, the demand for which is created by the development of new non-residential development in the city. Section 3. This ordinance and the affordable housing development impact fee shall apply to all non-residential development projects except those that have received all required discretionary entitlements prior to the effective date of this ordinance. Section 4. The City Council declares that, should any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. Section 5. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. PASSED, APPROVED, AND ADOPTED this _____ day of ______________ 2021. CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA BY: L. Dennis Michael, Mayor I, Janice C. 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 held on the __ day of ___________ 2021, by the following vote-to-wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ATTEST: City Clerk of the City of Rancho Cucamonga Page 629 RESOLUTION NO. 2021-131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO ESTABLISH THE AMOUNT OF THE AFFORDABLE HOUSING IMPACT FEE FOR NON-RESIDENTIAL DEVELOPMENTS WITHIN THE CITY OF RANCHO CUCAMONGA, AND MAKING FINDINGS IN SUPPORT THEREOF WHEREAS, the State of California has found that local governments have a responsibility to use the powers vested in them to facilitate the development of housing and to make adequate provision for the housing needs of all economic segments of the community (Government Code Section 65580(d)); and WHEREAS, There is a shortage of affordable housing in the City of Rancho Cucamonga, as evidenced in the City's Housing Element; and WHEREAS, New non-residential development creates a variety of new jobs with varied degrees of compensation for workers in such developments. WHEREAS, The addition of new workers in these new non-residential developments generates housing demand for households at extremely low, very low, low, and moderate incomes. WHEREAS, The failure to provide adequate affordable housing for lower-wage workers can force these workers to live in less than adequate housing within the City, pay a significantly disproportionate share of their incomes to live in adequate housing within the City, or commute ever-increasing distances to their jobs from housing located outside the City. WHEREAS, The City has commissioned the preparation of a Non-Residential Linkage Fee Nexus Study, prepared by Keyser Marston Associates, Inc., dated October 5, 2021 ("Nexus Study"), to analyze the relationship between non-residential development, job creation, and the demand for affordable housing, in compliance with the Mitigation Fee Act (California Government Code Sections 66000 et seq.). WHEREAS, According to the Nexus Study (pgs. 10-25), a nexus exists between the addition of new non-residential development and the jobs/new workers that this development creates, and the workers' need for additional housing in proximity to the jobs, a portion of which must be affordable to low-income workers. WHEREAS, More specifically, the Nexus Study documents the linkage between new and expanded non-residential development, the net number of new employees and employee households generated by businesses occupying these land use buildings, and the housing demands of these households. WHEREAS, As discussed in detail in the Nexus Study, new housing affordable to persons identified in the Nexus Study is not now being added to the supply in sufficient quantity to meet the needs of the new employee households associated with new or expanded non-residential development. Page 630 WHEREAS, The Nexus Study quantifies the cost mitigation associated with developing affordable housing units based on the identified need resulting from employees generated by new non-residential development. WHEREAS, To ensure that development projects remain economically feasible, the recommended affordable housing development impact fee is lower than the maximum amount needed to fully mitigate the burdens created by new development on the need for affordable housing, as determined in the Nexus Study. WHEREAS, At least ten days prior to the adoption date of this Resolution, data was made available to the public indicating the amount of cost, or estimated cost, required to provide the affordable housing for which the fee is being levied and the revenue sources anticipated to provide the affordable housing, in accordance with Government Code Section 66019. WHEREAS, At least fourteen days prior to the adoption date of this Resolution, notice was provided to any persons or organizations who had requested notice, in accordance with Government Code Section 66019. WHEREAS, Notice of the hearing on the proposed fees was published twice in a newspaper of general circulation in the manner set forth in Government Code Section 6062a, in accordance with Government Code Sections 66004 and 66018. WHEREAS, On December 15, 2021, the City Council of the City of Rancho Cucamonga held a public hearing and conducted first reading of Ordinance No. 991 establishing the authority for imposing and charging am affordable housing development impact fee. The ordinance states that the City Council shall set the amount of the affordable housing development impact fee by resolution. The City Council is expected to conduct second reading of the ordinance on January 5, 2022. WHEREAS, On December 15, 2021, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing concerning the amount of the affordable housing development impact fee adopted herein. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES AS FOLLOWS: 1. The facts set forth in the Recitals, above, are true and correct. 2. Findings: a. The findings of the Nexus Study have been considered and are hereby incorporated into this resolution by reference. b. The purpose of the affordable housing development impact fee is to finance the development of new affordable housing needed to mitigate the demand for such housing generated by new non-residential development. c. The fees collected pursuant to this Resolution shall be used to finance only affordable housing as described in Ordinance No. 991. d. The affordable housing development impact fee and the related facilities to be financed with the fee are consistent with the City’s Page 631 General Plan. e. There is a reasonable relationship between the need for affordable housing, and the mitigation of impacts associated with new non- residential development. f. There is a reasonable relationship between the amount of the fee established by Ordinance No. 991at the rates set forth below, and the type of non-residential development for which the affordable housing development impact fee will be charged. 3. The City Council of the City of Rancho Cucamonga hereby adopts the affordable housing development impact fees as described below: Non-Residential Affordable Housing Development Impact Fee Development Type Proposed Fee per Sq. Ft. Retail/Commercial $1.00 Office $1.00 Industrial $6.00 Warehouse $6.00 Research and Development $6.00 Each fee set forth above shall be adjusted annually, commencing on July 1, 2022, and each year thereafter, without further action of the City Council, according to the percentage change in the Engineering News Record Construction Cost Index for the Los Angeles Area, for the 12-month period ending on December 31st of the immediately preceding year. If the Engineering News Record Construction Cost Index for the Los Angeles Area is discontinued, the replacement index in use and accepted as the industry and business standard for Southern California, as determined by City Council, shall be utilized. 4. Effective Date: This Resolution shall take effect upon adoption, provided that the fees as herein established shall not be imposed by the City until 60 days from the date of the second reading of Ordinance No. 991, establishing the authority for imposing and charging the affordable housing development impact fee. 5. Judicial Challenge: Any judicial action proceeding to appeal, review, set aside, void, or annul this resolution shall be brought within 120 days of its adoption. 6. Certification: The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this day of 2021 AYES: NOES: ABSENT: ABSTAINED: Page 632 __________________________________ L. Dennis Michael, Mayor ATTEST: _____________________________________ Janice C. Reynolds, City Clerk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the __ day of _________ 2021. Executed this ___ day of_______, 2021 at Rancho Cucamonga, California _________________________________ Janice C. Reynolds, City Clerk Page 633 DATE:December 15, 2021 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Elisa C. Cox, Deputy City Manager Erika Lewis-Huntley, Management Analyst III SUBJECT:Consideration to Approve the Re-appointments of Three Public Members to the Public Art Committee. (CITY) RECOMMENDATION: Staff recommends that the City Council approve the re-appointments of Jaymie Leslie, John Machado, and Leslie Matamoros to the Public Art Committee. BACKGROUND: At its regular meeting on June 21, 2017, the City Council adopted Ordinance No. 912, amending the Rancho Cucamonga Municipal Code regarding creative placemaking through public art. Pertinent to implementation of the ordinance was the formation of the Public Art Committee, which is composed of five (5) members appointed by the City Council as follows: (i) one member of the Planning Commission; (ii) one member of the Rancho Cucamonga Community and Arts Foundation; and (iii) three members of the public appointed based on relevant work experience, trade, industry, or expertise. Committee members serve a term of two (2) years in a volunteer capacity. Duties include advising the City Council regarding the selection, purchase, placement, and maintenance of art installed by the City or on City property and expenditures from the City of Rancho Cucamonga Public Art Trust Fund. ANALYSIS: The terms of the three public members appointed to the Public Art Committee will be expiring at the end of the month. The recruitment period for the three vacancies ran from October 4 – October 28, 2021. The Committee received six applications from members of the public (one applicant withdrew their application due to scheduling conflicts). The Community Services Subcommittee interviewed five applicants (served by Council Member Scott and Council Member Spagnolo) on November 18, 2021. The Community Services Subcommittee recommends that Jaymie Leslie, John Machado, and Leslie Matamoros be re-appointed to the Public Art Committee based on their knowledge, work experience, and expertise in multiple arts disciplines. All candidates are either Rancho Cucamonga residents and/or represent local arts entities serving our community. In addition to the three public members recommended for re-appointment, Planning Commissioner Bryan Dopp and Community and Arts Foundation Member Paula Pachon also serve on the Committee. Page 634 Page 2 1 0 6 1 FISCAL IMPACT: None. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: Establishing and maintaining a skilled and effective Public Art Committee contributes to achieving the City Council’s core value of providing and nurturing a high quality of life for all. ATTACHMENTS: None. Page 635 Consideration of Affordable Housing Linkage Fee December 15, 2021 Affordable Housing Need is Growing •Housing costs rapidly accelerating in Southern California –up 18.33% this CY to date •38% of all RC households spending more than 30% –17% are spending more than 50% •Without redevelopment and its 20% set aside for affordable housing, there are no local revenues dedicated to help meet this need and continue to expand inventory RHNA Requirements Affordability Gap Proposed Linkage Fee for Affordable Housing •Ad-Hoc Committee discussed adoption of an Inclusionary Housing Ordinance and a non- residential affordable housing linkage fee •Fee is a type of Development Impact Fee, similar to those charged for parks, streets and other infrastructure •Need for housing is “linked” to non- residential development •Fee study was included as a program in the draft Housing Element Non-Residential Affordable Housing Linkage Fee •A Non-Residential Affordable Housing Linkage Fee (Non-Residential Linkage Fee) is an impact fee that is imposed on new non-residential development to mitigate the need for affordable housing created by the new development. •Per the Mitigation Fee Act, impact fees imposed on new development MUST be supported by a nexus study. December 15, 2021 KEYSER MARSTON ASSOCIATES, INC.6 Non-Residential Linkage Fee Basics Impact Fee -Charge imposed by a local government on a new development project that is used to reduce the impacts created by the new development. December 15, 2021 KEYSER MARSTON ASSOCIATES, INC.7 New Non-Residential Development Fees Paid Affordable Housing Trust Fund New Affordable Housing What is an Affordable Housing Nexus Study? •An affordable housing nexus study is used to quantify the need for affordable housing generated by new development (i.e. new office buildings or industrial projects). •The nexus study produces a maximum legally supportable impact fee that can be charged to new development. •Impact fees are usually assessed on a per square foot of building area basis. December 15, 2021 KEYSER MARSTON ASSOCIATES, INC.8 Non-Residential Affordable Housing Nexus December 15, 2021 KEYSER MARSTON ASSOCIATES, INC.9 New Non- Residential Development New jobs and new workers Some of these jobs are low paying Need for affordable housing Non-Residential Nexus Study Research •The Non-Residential Nexus Study is based on current real estate dynamics. KMA also refers to this as the KMA Jobs-Housing Nexus Model. •The non-residential land uses that were analyzed in Rancho Cucamonga are: •Retail/Commercial •Office •Industrial •Warehouse •Research and Development December 15, 2021 KEYSER MARSTON ASSOCIATES, INC.10 Non-Residential Nexus Study Steps •Step 1: Define the land uses to be evaluated. •Step 2: Determine employment density (typical number of employees per square foot of each land use). •Step 3: Determine average number of workers per household (US Census). •Step 4: Determine occupational breakdown of workers in each land use (BLS) •Step 5: Determine compensation levels for workers in each occupation (CA EDD). •Step 6: Create distribution to place each worker household into an income category (US Census). December 15, 2021 KEYSER MARSTON ASSOCIATES, INC.11 Non-Residential Nexus Study Steps •Step 7: Convert number of households per income level to households per square foot of building area. •Step 8: Calculate affordability gap (i.e. subsidy required to develop affordable housing at the defined income categories in Rancho Cucamonga). •Step 9: Multiply the number of households in each income category per square foot of the non-residential development times the affordability gap for that income category. Conclusion: The net cost/subsidy to produce affordable units for new worker households. December 15, 2021 KEYSER MARSTON ASSOCIATES, INC.12 Maximum Legally Supportable Non-Residential Linkage Fees The result of the nexus study are the maximum legally supportable linkage (impact) fees: December 15, 2021 KEYSER MARSTON ASSOCIATES, INC.13 Retail / Commercial Office Industrial Warehouse Research and Development Maximum Non-Residential Affordable Housing Linkage Fees Per Square Foot $157 $162 $127 $37 $53 Financial Feasibility Analysis •KMA prepared pro forma analyses for the following prototypical development projects: •A retail/commercial project •An office project •An industrial project •A warehouse project •A research and development project •KMA utilized two feasibility testing methodologies based on parameters that have been used in the creation of many Non-Residential Affordable Housing Linkage Fee Programs in California. •The goal is to avoid placing an onerous burden on non-residential developers. December 15, 2021 KEYSER MARSTON ASSOCIATES, INC.14 Non-Residential Linkage Fee as a % of Total Development Costs December 15, 2021 KEYSER MARSTON ASSOCIATES, INC.15 Retail / Commercial Office Industrial Warehouse Research and Development 1% of Development Costs $4.41 $3.96 $1.39 $1.33 $1.38 2% of Development Costs $8.82 $7.93 $2.78 $2.66 $2.76 3% of Development Costs $13.23 $11.89 $4.17 $3.99 $4.14 4% of Development Costs $17.64 $15.86 $5.56 $5.32 $5.52 5% of Development Costs $22.05 $19.82 $6.95 $6.65 $6.90 Financial Return Results December 15, 2021 KEYSER MARSTON ASSOCIATES, INC.16 Retail / Commercial Office Industrial Warehouse Research and Development Threshold Feasible Return 8.00%9.00%6.50%6.50%6.50% No Non-Residential Fee 5.67%3.40%7.28%8.16%6.81% Fee @ $1.00/SF 5.65%3.39%7.22%8.10%6.76% Fee @ $2.00/SF 5.64%3.38%7.17%8.03%6.71% Fee @ $3.00/SF 5.63%3.37%7.11%7.97%6.70% Fee @ $6.10/SF 5.58%3.34%6.95%7.77%6.50% Maximum Recommended Non-Residential Linkage Fees December 15, 2021 KEYSER MARSTON ASSOCIATES, INC.17 Retail / Commercial Office Industrial Warehouse Research and Development Maximum Non-Residential Affordable Housing Linkage Fees Per Square Foot $157 $162 $127 $37 $53 Recommended Non- Residential Linkage Fee Per Square Foot $1.00 $1.00 $6.00 $6.00 $6.00 Comparisons to Other Agencies •Affordable Housing linkage fees are not new –in place in dozens of California cities for many years •Fees vary widely across agencies (see Attachment 3 to staff report) •Proposed fees ($1 –6 per SF) are generally at the low end as compared to fees found in other cities Recommendations •Conduct the public hearing •Adopt the Ordinance and Resolution •Direct staff to research residential inclusionary housing ordinances that include an in-lieu fee option, determine fee viability and present findings and recommendations to City Council before September 2022. Recommended Next Steps •Given the need, all developers (including residential) should participate in the solutions •Consideration of an inclusionary housing ordinance would accomplish this goal •Ordinance would require set-aside of a certain number of units in every development as affordable, or pay a fee in lieu Questions?