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HomeMy WebLinkAbout2018-11-07 - Agenda PacketAGENDA FIRE PROTECTION DISTRICT BOARD -HOUSING SUCCESSOR AGENCY - SUCCESSOR AGENCY -PUBLIC FINANCING AUTHORITY -CITY COUNCIL Wednesday, November 7, 2018 10500 Civic Center Drive Rancho Cucamonga, CA 91730 REGULAR MEETINGS: 1st and 3rd Wednesdays - 7:00 P.M. ORDER OF BUSINESS: CLOSED SESSION TAPIA CONFERENCE ROOM 5:00 P.M. REGULAR MEETINGS COUNCILCHAMBERS 7:00 P.M. MEMBERS: MAYOR L. Dennis Michael CITYMANAGER John R. Gillison MAYOR PRO TEM Lynne B. Kennedy CITYATTORNEY James L. Markman COUNCIL MEMBERS William Alexander CITYCLERK Janice C. Reynolds Sam Spagnolo CITYTREASURER James C. Frost Diane Williams Rancho Cucamonga City Council Mission Statement . Make decisions, and be perceived as making decisions, for the general welfare of the community. . Always work to improve existing services and develop policies to meet the expected as well as anticipated needs of the community. • Work together cooperatively to respect all persons and their ideas in order to develop and maintain the trust of the community. • Reflect the community's desires and priorities by assuring that decisions accurately reflect the community's interests by fairly translating public feedback into public policy. . Enhance the quality of life of all Rancho Cucamonga residents through the continued pursuit of excellence and commitment to the City's core values and goals. • Set the vision for the community for the future. . Have a professional, objective and respectful relationship with each other in order to more effectively address the challenges of the future. Page 1 Aft INFORMATION FOR THE PUBLIC 401V-1 s C UCAMONGrA TO ADDRESS THE FIRE BOARD, HOUSING SUCCESSOR AGENCY. SUCCESSOR AGENCY. PUBLIC FINANCING AUTHORITYAND CITYCOUNCIL The Fire Board, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council encourage free expression of all points of view. To allow all persons to speak, given the length of the Agenda, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Fire Board, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council by filling out a speaker card and submitting it to the City Clerk. The speaker cards are located on the wall at the back of the Chambers, at the front desk behind the staff table and at the City Clerk's desk. Any handouts for the Fire Board, Successor Agency, Public Financing Authority or City Council should be given to the City Clerk for distribution. During "Public Communications," your name will be called to speak on any item listed or not listed on the agenda in the order in which it was received. The "Public Communications" period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other "Public Communications" which have not concluded during this one-hour period may resume after the regular business portion of the agenda has been completed. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. If you are present to speak on an "Advertised Public Hearing" or on an "Administrative Hearing" Item(s), your name will be alled when that item is being discussed, in the order in which it was received. Comments are to be limited to five minutes per individual or less, as deemed necessary bythe Chair, depending upon the number of individuals desiring to speak. AGENDA BACK-UP MATERIALS Staff reports and back-up materials for agenda items are available for review at the City Clerk's counter, the City's Public Libraries and on the Citys website. A complete copy of the agenda is also available at the desk located behind the staff table during the Council meeting. LIVE BROADCAST Fire Board, Housing Successor Agency, Successor Agency, Public Financing Authority and CityCouncil meetings are broadcast live on Channel 3 for those with cable television access. Meetings are rebroadcast on the second and fourth Wednesdays of each month at 7:00 p.m. Streaming Video on Demand is available on the City's website at www.cityofrc.us/cityhall/council/videos.asp. The Fire Board, Successor Agency, Public Financing Authority and City Council meet regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive. Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Financing Authority. Copies of the agendas and minutes can be found @ www.cityofrc.us If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477-2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. Please silence all cell phones and devices while the meeting is in session. Page 2 NOVEMBER 7, 2018 FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY, HOUSING SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITYAND CITY COUNCIL AGENDA CLOSED SESSION - 5:00 P.M. Roll Call: Mayor Michael Mayor Pro Tem Kennedy Council Members Alexander, Spagnolo and Williams A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) C. CITY MANAGER ANNOUNCEMENTS D. CONDUCT OF CLOSED SESSION - Tapia Conference Room D.1. CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH TEAMSTERS LOCAL 1932. — CITY D.2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTH WEST CORNER OF ARROW ROUTE AND ROCHESTER AVENUE AS PARCEL NUMBERS 0229-012-08-0000 AND 0229-012-10-0000; NEGOTIATING PARTIES MATT BURRIS, DEPUTY CITY MANAGER/ECONOMIC & COMMUNITY DEVELOPMENT, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND STEPHEN AGGAZOTI, REPRESENTING AGGAZOTI TRUST AND SAMUEL AND BARBARA DICARLO TRUST; REGARDING PRICE AND TERMS.—CITY D.3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE RANCHO CUCAMONGA METROLINK STATION IDENTIFIED AS PARCEL NUMBERS 0209-272-11, 0209-143-21, AND 0209-272-22; NEGOTIATING PARTIES CITY MANAGER JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, CARRIE SCHINDLER REPRESENTING SBCTA, AND MICHAEL DIEDEN REPRESENTING EMPIRE YARDS AT RANCHO, LLC; REGARDING PRICE AND TERMS. — CITY DA. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PER GOVERNMENT CODE SECTION 54957 (TITLE: CITY MANAGER) Page 3 E. RECESS CLOSED SESSION TO RECESS TO THE REGULAR FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY, AND CITY COUNCIL MEETINGS AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA. REGULAR MEETING - 7:00 P.M. COUNCIL CHAMBERS THE REGULAR MEETINGS OF THE FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY, AND CITY COUNCIL WILL BE CALLED TO ORDER. IT IS THE INTENT TO CONCLUDE THE MEETINGS BY 10:00 P.M., UNLESS EXTENDED BY CONCURRENCE OF THE FIRE BOARD, AGENCIES, AUTHORITY BOARD AND COUNCIL. Pledge of Allegiance Roll Call: Mayor Michael Mayor Pro Tem Kennedy Council Members Alexander, Spagnolo and Williams A. ANNOUNCEMENT/ PRESENTATIONS A.1. Recognition of Helen Putnam Award for Excellence for Healthy RC's "Your Mind Matters" Mental Health Initiative. A.2. Recognition of Dr. Shannon, Superintendent/President, Chaffey College, Named "2018 National Superintendent/ President of the Year' by the Association of Community College Trustees. A.3. Recognition of the Gritchin Award Presented to Larry Henderson of the Rancho --- Cucamonga Equestrian Patrol Unit. A.4. Recognition of the 2018 Digital Cities Survey Award to the City of Rancho Cucamonga. --- A.5. NBC4 I -Team News Clip Highlighting City of Rancho Cucamonga's Active Shooter Training. ___ B. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council from addressing any issue not previously included on the Agenda. The Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the 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 Page 4 which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and non -controversial. They will be acted upon by the Fire Board/Housing Successor Agency/Successor Agency/Authority Board/Council at one time without discussion. Any item may be removed by a Fire Board/Housing Successor Agency/Successor Agency/Authority Board/Council Member for discussion. C. CONSENT CALENDAR- FIRE PROTECTION DISTRICT C.1. Consideration to Approve Bi -Weekly Payroll in the Amount of $635,257.37 and Weekly 8 Check Registers in the Amount of $82,768.66. Dated October 09, 2018 Through October 22, 2018. C.2. Consideration to Approve the Use of a Cooperative Contract to Award to Converge One, 18 Inc. for Backup Data Center Networking Equipment in the amount of $1,060,878. C.3. Consideration to Approve the Use of The National IPA Cooperative Agreement With Grainger for the Procurement of Miscellaneous Tools & Maintenance Supplies and 20 Authorize the Use of Future Renewals as Awarded by National IPA, to be Funded by Various Account Numbers, in Accordance with the Adopted Budget. CA. Consideration to Approve the Use of the US Communities Contract Awarded to Graybar to Furnish Electrical, Lighting, Data Communications, Security Products and Other Related 22 Services and Solutions for the Remainder of Fiscal Year 2018/2019 and Authorize the Use of Future Renewals as Awarded by US Communities, to be Funded By Various Citywide Account Numbers in Accordance with the Adopted Fiscal Year Budgets. C.5. Consideration to Use of the California Department of General Services 2018 Drive Green 24 California Contract and Award the Purchase of Three (3) Electric Chevrolet Bolt Staff Vehicles from Winner Chevrolet in the amount of $100,977. D. CONSENT CALENDAR -HOUSING SUCCESSOR AGENCY E. CONSENT CALENDAR -SUCCESSOR AGENCY F. CONSENT CALENDAR- PUBLIC FINANCING AUTHORITY G. CONSENT CALENDAR -CITY COUNCIL G.1. Consideration to Approve Bi -Weekly Payroll in the Amount of $1,152,597.63 and Weekly 26 Check Registers in the Amount of $1,690,033.19. Dated October 09, 2018 Through October 22, 2018. G.2. Consideration of an Appropriation in the Amount of $125,000 from the Utility Underground 36 Fund (Fund 129) for the Arrow Route Rule 20 Utility Underground Project. G.3. Consideration of a Professional Services Agreement with Layer 1 Communications, Inc. in 39 the Amount of $67,726 for Fiber Optic Inside Plant Design and DC Power Equipment. GA. Consideration to Approve the Use of The National IPA Cooperative Agreement With Grainger for the Procurement of Miscellaneous Tools & Maintenance Supplies and 41 Authorize the Use of Future Renewals as Awarded by National IPA, to be Funded by Various Account Numbers, in Accordance with the Adopted Budget. G.5. Consideration to Approve the Use of the US Communities Contract Awarded to Graybar to 43 Furnish Electrical, Lighting, Data Communications, Security Products and Other Related Services and Solutions for the Remainder of Fiscal Year 2018/2019. Page 5 G.6. Consideration of the Eighth Amendment to the Lease Agreement with Rancho Baseball, 45 LLC. G.7. Consideration of termination of Lease Agreement CO# 02-005 Between the City of Rancho 89 Cucamonga and the California Speedway Corporation. G.8. Consideration of a Request from the Friends of The Pacific Electric Trail for City 112 Partnership with their Annual Pacific Electric Challenge, Formally Named the Cucamonga Challenge, to be Held on May 18, 2019. G.9. Consideration to Accept and to Allocate $18,000 Awarded by the California State Library to 116 Directly Support the Adult Literacy Tutoring Program. G. 10. Consideration of Intention to Establish the Resort at Empire Lakes Community Facilities 118 District No. 2018-01 of the City of Rancho Cucamonga and to Authorize the Levy of Special Tax Through the Adoption of Resolutions. RESOLUTION NO. 18-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A BOUNDARY MAP SHOWING THE BOUNDARIES OF THE TERRITORY PROPOSED FOR THE INCLUSION IN PROPOSED THE RESORT AT EMPIRE LAKES COMMUNITY FACILITIES DISTRICT NO. 2018-01 OF THE CITYOF RANCHO CUCAMONGA RESOLUTION NO. 18-105 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH THE RESORT AT EMPIRE LAKES COMMUNITY FACILITIES DISTRICT NO. 2018-01 OF THE CITY OF RANCHO CUCAMONGA AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE THE PROVISIONS OF CERTAIN PUBLIC SERVICES RESOLUTION NO. 18-106 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING AND DIRECTING THE PREPARATION OF A REPORT FOR PROPOSED RESORT AT EMPIRE LAKES COMMUNITY FACILITIES DISTRICT NO. 2018-01 OF THE CITYOF RANCHO CUCAMONGA G.11. Consideration of a Contract with San Bernardino County to formalize a Community 138 Engagement Policy with a Health Equity Framework. G.12. Consideration to Adopt a Reimbursement Resolution for the Fiber Optic Network Project 163 and to Authorize Additional Appropriations for the Temporary Transfer of Funds to the Fiber Optic Network Fund from the Capital Reserve Fund RESOLUTION NO. 18-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DECLARING ITS INTENT TO ISSUE TAX-EXEMPT BONDS TO BE USED TO REIMBURSE THE CITY FOR EXPENDITURES PRIOR TO THE ISSUANCE OF TAX-EXEMPT BONDS H. CONSENT ORDINANCES The following Ordinances have been introduced for first reading. Second readings are expected to be routine and non -controversial. The City Council will act upon them at one time without discussion. The City Clerk will read the title. Any item can be removed for discussion by a Council Member. I. ADMINISTRATIVE HEARING ITEM J. ADVERTISED PUBLIC HEARINGS -CITY COUNCIL Page 6 The following items have been advertised and/or posted as public hearings as required by law. The Mayor will open the meeting to receive public testimony. J.1. APPEAL OF PLANNING COMMISSION DECISION DRC2018-00865 — 168 CONSIDERATION OF AN APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF HILLSIDE DESIGN REVIEW DRC2016-00672 — ANDRESEN ARCHITECTURE — This Appeal Involves a Request for Site Plan and Architectural Review of a Proposed 6,175 Square Foot Single -Family Dwelling Unit and a 674 Square Foot Detached Second Dwelling Unit on a Vacant Lot Totaling 12,044 Square Feet, Located In the Low (L) Residential District in the Hillside Overlay District on the North Side Of Camino Predera; APN: 0207-641-12. This Item is Exempt from the Requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines Under CEQA Section 15303 — New Construction or Conversion of Small Structures. K. CITY MANAGER'S STAFF REPORTS The following items have no legal publication or posting requirements. K.1. Consideration to Approve a Contract Extension with Leverage Information Systems for One 298 Additional Year Through June 30, 2019, to Complete Four Public Service Video Network (PSVN) Projects for an Amount Not to Exceed $133,000. K.2. Consideration of the Purchase of Fixed Position Automatic License Plate Reader Cameras 300 to be Installed at Carnelian Street And 19th Street from Vigilant Solutions in the Amount of $133,400. L. COUNCIL BUSINESS L.1. COUNCIL ANNOUCEMENTS (Comments to be limited to three minutes per Council Member.) L.2. INTER -AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) M. IDENTIFICATION OF ITEMS FOR NEXT MEETING N. ADJOURNMENT CERTIFICATION I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least Seventy -Two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the City's website. Page 7 DATE: November 7, 2018 TO: President and Members of the Board of Directors FROM: John R. Gillison, City Manager INITIATED BY: Tamara Layne, Finance Director SUBJECT: CONSIDERATION TO APPROVE BI -WEEKLY PAYROLL IN THE AMOUNT OF $635,257.37 AND WEEKLY CHECK REGISTERS IN THE AMOUNT OF $82,768.66. DATED OCTOBER 09, 2018 THROUGH OCTOBER 22, 2018. RECOMMENDATION: Staff recommends Fire Board approve payment of demands as presented. BACKGROUND: N/A ANALYSIS: N/A FISCAL IMPACT: Adequate budgeted funds are available for the payment of demands per the attached listing. COUNCIL GOAL(S) ADDRESSED: N/A ATTACHMENTS: Description Attachment 1 Check Register Page 8 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 10/9/2018 through 10/22/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00008375 10/10/2018 ALL CITY MANAGEMENT SERVICES INC. 38,963.49 0.00 38,963.49 AP 00008376 10/10/2018 CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA 13,205.00 0.00 13,205.00 AP 00008377 10/10/2018 METROPOLITAN WATER DISTRICT, THE 1,200.00 0.00 1,200.00 AP 00008378 10/10/2018 RCCEA 1,837.00 0.00 1,837.00 AP 00008379 10/10/2018 RCPFA 12,343.02 0.00 12,343.02 AP 00008380 10/10/2018 RIVERSIDE, CITY OF 6,909.00 0.00 6,909.00 AP 00008381 10/10/2018 US DEPARTMENT OF ENERGY 9,720.47 0.00 9,720.47 AP 00008382 10/17/2018 ALL CITY MANAGEMENT SERVICES INC. 28,718.09 0.00 28,718.09 AP 00008383 10/17/2018 EDF TRADING NORTH AMERICA LLC 27,600.00 0.00 27,600.00 AP 00008384 10/17/2018 RE ASTORIA 2 LLC 111,200.93 0.00 111,200.93 AP 00008385 10/17/2018 SAN BERNARDINO COUNTY 32.00 0.00 32.00 AP 00394662 10/10/2018 A AND R TIRE SERVICE 152.59 0.00 152.59 AP 00394663 10/10/2018 ABLE BUILDING MAINTENANCE 5,383.15 0.00 5,383.15 AP 00394664 10/10/2018 ABM BUSINESS MACHINES INC 299.50 0.00 299.50 AP 00394665 10/10/2018 ADAPT CONSULTING INC 0.00 1,249.93 1,249.93 AP 00394666 10/10/2018 AFLAC GROUP INSURANCE 40.97 0.00 40.97 AP 00394667 10/10/2018 ALPHAGRAPHICS 48.48 0.00 48.48 AP 00394668 10/10/2018 AMTECH ELEVATOR SERVICES 2,157.30 0.00 2,157.30 AP 00394669 10/10/2018 ARCHIBALD PET HOSPITAL 50.00 0.00 50.00 AP 00394670 10/10/2018 ARCHITERRA DESIGN GROUP 0.00 580.00 580.00 AP 00394671 10/10/2018 BARNES AND NOBLE 127.44 0.00 127.44 AP 00394672 10/10/2018 BAYVIEW ENGINEERING & CONSTRUCTION 100.00 0.00 100.00 AP 00394673 10/10/2018 BERTINO AUTOMOTIVE SERVICE 626.84 0.00 626.84 AP 00394674 10/10/2018 BEST BEST AND KRIEGER 1,015.00 0.00 1,015.00 AP 00394675 10/10/2018 BLUM ELECTRIC 6,775.89 0.00 6,775.89 AP 00394676 10/10/2018 BOB'S MUFFLER SHOP 250.00 0.00 250.00 AP 00394677 10/10/2018 BRIGHTVIEW LANDSCAPE SERVICES INC. 41,557.17 0.00 41,557.17 AP 00394678 10/10/2018 BUREAU VERITAS NORTH AMERICA INC 743.11 0.00 743.11 AP 00394680 10/10/2018 C V W D 54,103.17 0.00 54,103.17 AP 00394681 10/10/2018 CAL PERS LONG TERM CARE 254.14 0.00 254.14 AP 00394682 10/10/2018 CAL -COUNTIES FIRE PROTECTION CO. 3,594.81 0.00 3,594.81 AP 00394683 10/10/2018 CALIFORNIA NARCOTIC OFFICERS' ASSOCIATION 35.00 0.00 35.00 AP 00394684 10/10/2018 CALIFORNIA, STATE OF 100.00 0.00 100.00 AP 00394685 10/10/2018 CALIFORNIA, STATE OF 8.44 0.00 8.44 AP 00394686 10/10/2018 CALIFORNIA, STATE OF 250.00 0.00 250.00 AP 00394687 10/10/2018 CALIFORNIA, STATE OF 1,307.00 0.00 1,307.00 AP 00394688 10/10/2018 CALPROMAX ENGINEERING INC. 49,020.00 0.00 49,020.00 AP 00394689 10/10/2018 CAMERON WELDING SUPPLY 94.71 0.00 94.71 AP 00394690 10/10/2018 CARROT TOP INDUSTRIES 309.59 0.00 309.59 AP 00394691 10/10/2018 CARTY, DIANE 324.00 0.00 324.00 AP 00394692 10/10/2018 CCS ORANGE COUNTY JANITORIAL INC. 1,757.54 3,335.00 5,092.54 *** AP 00394693 10/10/2018 CHAFFEY COLLEGE FOUNDATION 180.00 0.00 180.00 AP 00394694 10/10/2018 CHAMBERLIN, ZABRINA 11.42 0.00 11.42 AP 00394695 10/10/2018 CHARTER COMMUNICATIONS 10,266.81 4,367.12 14,633.93 *** AP 00394696 10/10/2018 CINTAS CORPORATION #150 4,173.89 307.24 4,481.13 *** AP 00394697 10/10/2018 CLARKE PLUMBING SPECIALTIES INC. 325.02 0.00 325.02 AP 00394698 10/10/2018 CLARY CORPORATION 5,820.85 0.00 5,820.85 User: VLOPEZ - VERONICA LOPEZ Page: 1 Current Date: 10/23/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 14:44:21 Page 9 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 10/9/2018 through 10/22/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00394699 10/10/2018 CLEAR STREAM RECYCLING 552.00 0.00 552.00 AP 00394700 10/10/2018 COMMERCIAL TRANSPORTATION SERVICES INC. 195.00 0.00 195.00 AP 00394701 10/10/2018 COMPRESSED AIR SPECIALTIES 0.00 974.96 974.96 AP 00394702 10/10/2018 CORODATA MEDIA STORAGE INC 1,048.39 0.00 1,048.39 AP 00394703 10/10/2018 CORTESE, DEANNE 100.00 0.00 100.00 AP 00394704 10/10/2018 COVERMASTER INC 16,854.00 0.00 16,854.00 AP 00394705 10/10/2018 CREATIVE BRAIN LEARNING 1,861.20 0.00 1,861.20 AP 00394706 10/10/2018 CYCLIST, THE 21,118.46 0.00 21,118.46 AP 00394707 10/10/2018 DAISY 721.73 0.00 721.73 AP 00394708 10/10/2018 DELTA DENTAL 1,388.22 0.00 1,388.22 AP 00394709 10/10/2018 DELTA DENTAL 41,808.90 0.00 41,808.90 AP 00394710 10/10/2018 DP SOLUTIONS INC 1,350.00 0.00 1,350.00 AP 00394711 10/10/2018 DR. DARRYL MORRIS D.D.S. 1,000.00 0.00 1,000.00 AP 00394712 10/10/2018 EDUCATIONAL CREDIT MANAGEMENT CORP. 5.00 0.00 5.00 AP 00394713 10/10/2018 EIGHTH AVENUE ENTERPRISE LLC 88.36 0.00 88.36 AP 00394714 10/10/2018 EMPLOYMENT DEVELOPMENT DEPT. 60.00 0.00 60.00 AP 00394715 10/10/2018 EXECUTIVE AUTO DETAIL 2,400.00 415.00 2,815.00 *** AP 00394716 10/10/2018 EXPRESS BRAKE SUPPLY 133.60 0.00 133.60 AP 00394717 10/10/2018 FAVELA, RICHARD 20.00 0.00 20.00 AP 00394718 10/10/2018 FEDERAL EXPRESS CORP 39.78 0.00 39.78 AP 00394719 10/10/2018 FEHR AND PEERS 3,500.00 0.00 3,500.00 AP 00394720 10/10/2018 FOLKENS, KIM 50.46 0.00 50.46 AP 00394721 10/10/2018 FRAKES, AMANDA 53.96 0.00 53.96 AP 00394722 10/10/2018 FRANKLIN TRUCK PARTS 0.00 928.09 928.09 AP 00394723 10/10/2018 FRONTIER COMM 1,603.24 386.55 1,989.79 *** AP 00394724 10/10/2018 FUEL SERV 0.00 4,861.21 4,861.21 AP 00394725 10/10/2018 G AND M BUSINESS INTERIORS 0.00 63.15 63.15 AP 00394726 10/10/2018 GLOBALSTAR USA 170.64 0.00 170.64 AP 00394727 10/10/2018 GRAINGER 2,773.90 1,646.99 4,420.89 *** AP 00394728 10/10/2018 GRAPHICS FACTORY INC. 276.38 0.00 276.38 AP 00394729 10/10/2018 GROVE LUMBER 0.00 79.69 79.69 AP 00394730 10/10/2018 GUYAN, CAITLIN 750.00 0.00 750.00 AP 00394731 10/10/2018 HAAKER EQUIPMENT CO 121.20 0.00 121.20 AP 00394732 10/10/2018 HEARTSAVERS LLC 179.00 0.00 179.00 AP 00394733 10/10/2018 HERITAGE EDUCATION GROUP 370.00 0.00 370.00 AP 00394734 10/10/2018 HILLS PET NUTRITION SALES INC 710.90 0.00 710.90 AP 00394735 10/10/2018 HYDRO TEK SYSTEMS INC 481.02 0.00 481.02 AP 00394736 10/10/2018 IMPRESSIONS GOURMET CATERING 1,646.42 0.00 1,646.42 AP 00394737 10/10/2018 INK SLINGER SCREEN PRINTING & EMBROIDERY 30.17 0.00 30.17 AP 00394738 10/10/2018 INLAND EMPIRE MEDIA GROUP INC 1,095.00 0.00 1,095.00 AP 00394739 10/10/2018 INPRO CORPORATION 69.50 0.00 69.50 AP 00394740 10/10/2018 INTERNATIONAL COATINGS COMPANY INC 1,159.95 0.00 1,159.95 AP 00394741 10/10/2018 INTERWEST CONSULTING GROUP INC 654.71 0.00 654.71 AP 00394742 10/10/2018 JIMENEZ, VINCENT 1,000.00 0.00 1,000.00 AP 00394743 10/10/2018 JOHNNY ALLEN TENNIS ACADEMY 3,060.00 0.00 3,060.00 AP 00394744 10/10/2018 KETIV TECHNOLOGIES INC 6,285.00 0.00 6,285.00 AP 00394745 10/10/2018 KINDRED CORPORATION 2,281.07 0.00 2,281.07 User: VLOPEZ - VERONICA LOPEZ Page: 2 Current Date: 10/23/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 14:44:21 Page 10 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 10/9/2018 through 10/22/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00394746 10/10/2018 KINETIC LIGHTING INC 1,748.00 0.00 1,748.00 AP 00394747 10/10/2018 LANDORF, RICHARD 0.00 270.00 270.00 AP 00394748 10/10/2018 LEIVA, TATIANA 723.87 0.00 723.87 AP 00394749 10/10/2018 LIEBERT CASSIDY WHITMORE 35.00 0.00 35.00 AP 00394750 10/10/2018 LIFE ASSIST INC 0.00 1,572.85 1,572.85 AP 00394751 10/10/2018 LIGHTHOUSE, THE 1,774.65 0.00 1,774.65 AP 00394752 10/10/2018 LITTLE BEAR PRODUCTIONS 2,165.00 0.00 2,165.00 AP 00394753 10/10/2018 LONG, TORI 10.31 0.00 10.31 AP 00394756 10/10/2018 LOWES COMPANIES INC. 6,172.35 2,438.34 8,610.69 *** AP 00394757 10/10/2018 LYNN, MATTHEW 56.51 0.00 56.51 AP 00394758 10/10/2018 MAGELLAN ADVISORS LLC 16,500.00 0.00 16,500.00 AP 00394759 10/10/2018 MALAGISI, MARGARET 9.44 0.00 9.44 AP 00394760 10/10/2018 MALNAR, DAVID 18.48 0.00 18.48 AP 00394761 10/10/2018 MARIPOSA LANDSCAPES INC 56,031.25 0.00 56,031.25 AP 00394762 10/10/2018 MARLINK SA INC 0.00 325.48 325.48 AP 00394763 10/10/2018 MATLOCK DESIGN BUILD INC 9,850.00 0.00 9,850.00 AP 00394764 10/10/2018 MC TRUCKING 1,816.30 0.00 1,816.30 AP 00394765 10/10/2018 MCCAININC 693.91 0.00 693.91 AP 00394766 10/10/2018 MCMASTER CARR SUPPLY COMPANY 320.20 0.00 320.20 AP 00394767 10/10/2018 MEZA, PATRICIA 500.00 0.00 500.00 AP 00394768 10/10/2018 MIJAC ALARM COMPANY 3,288.00 0.00 3,288.00 AP 00394769 10/10/2018 MYERS TIRE SUPPLY COMPANY 120.90 0.00 120.90 AP 00394770 10/10/2018 NATIONAL CNG & FLEET SERVICE 3,492.75 0.00 3,492.75 AP 00394771 10/10/2018 NATIONAL DATA & SURVEYING SERVICES 165.00 0.00 165.00 AP 00394772 10/10/2018 NEWCOMB ANDERSON MCCORMICK INC 5,600.00 0.00 5,600.00 AP 00394773 10/10/2018 NUNEZ, LUCY ALVAREZ- 16.82 0.00 16.82 AP 00394774 10/10/2018 ONTARIO WINNELSON CO 35.27 0.00 35.27 AP 00394775 10/10/2018 PARMA 150.00 0.00 150.00 AP 00394776 10/10/2018 PETES ROAD SERVICE INC 1,031.99 0.00 1,031.99 AP 00394777 10/10/2018 PH&S PRODUCTS LLC 0.00 2,180.00 2,180.00 AP 00394778 10/10/2018 PIONEER MANUFACTURING 78.52 0.00 78.52 AP 00394779 10/10/2018 PIP PRINTING 165.94 0.00 165.94 AP 00394780 10/10/2018 PRE -PAID LEGAL SERVICES INC 66.98 0.00 66.98 AP 00394781 10/10/2018 LOONEY, QIANTEH 225.00 0.00 225.00 AP 00394782 10/10/2018 QUICK LANE TIRE & AUTO CENTER 149.61 0.00 149.61 AP 00394783 10/10/2018 RANCHO CUCAMONGA QUAKES 225.00 0.00 225.00 AP 00394784 10/10/2018 RANCHO SMOG CENTER 399.50 0.00 399.50 AP 00394785 10/10/2018 RAYMOND HANDLING SOLUTIONS INC 0.00 1,568.16 1,568.16 AP 00394786 10/10/2018 RBM LOCK AND KEY SERVICE 106.35 0.00 106.35 AP 00394787 10/10/2018 REGENCY ENTERPRISES INC 26.94 0.00 26.94 AP 00394788 10/10/2018 RETAIL MARKETING SERVICES INC. 120.00 0.00 120.00 AP 00394789 10/10/2018 RODAS' AUTO REPAIR 1,610.52 0.00 1,610.52 AP 00394790 10/10/2018 RODRIGUEZ, EUGENIO 210.00 0.00 210.00 AP 00394791 10/10/2018 ROYAL INDUSTRIAL SOLUTIONS CITY OF INDUSTRY 602.82 0.00 602.82 AP 00394792 10/10/2018 S.B. COUNTY SERVICE 515.61 0.00 515.61 AP 00394793 10/10/2018 SAFE SOFTWARE INC 6,700.00 0.00 6,700.00 AP 00394794 10/10/2018 SAFE -ENTRY TECHNICAL INC 0.00 375.00 375.00 User: VLOPEZ - VERONICA LOPEZ Page: 3 Current Date: 10/23/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 14:44:21 Page 11 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 10/9/2018 through 10/22/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00394795 10/10/2018 SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT 3,000.00 0.00 3,000.00 AP 00394796 10/10/2018 SAN BERNARDINO CTY FIRE PROTECTION DISTRICT 58,502.01 0.00 58,502.01 AP 00394797 10/10/2018 SBPEA 1,587.48 0.00 1,587.48 AP 00394798 10/10/2018 SC FUELS 25,652.16 0.00 25,652.16 AP 00394799 10/10/2018 SC FUELS 3,259.87 8,790.24 12,050.11 *** AP 00394800 10/10/2018 SHERIFFS COURT SERVICES 568.23 0.00 568.23 AP 00394801 10/10/2018 SHERIFFS COURT SERVICES 142.38 0.00 142.38 AP 00394802 10/10/2018 SHRED PROS 124.00 0.00 124.00 AP 00394803 10/10/2018 SIGN SHOP, THE 66.81 0.00 66.81 AP 00394804 10/10/2018 SILVER & WRIGHT LLP 20,948.63 0.00 20,948.63 AP 00394805 10/10/2018 SO CALIF GAS COMPANY 1,696.38 0.00 1,696.38 AP 00394806 10/10/2018 SOCIAL VOCATIONAL SERVICES 7,468.00 0.00 7,468.00 AP 00394807 10/10/2018 SOUTH COAST AQMD 252.05 2,131.26 2,383.31 *** AP 00394812 10/10/2018 SOUTHERN CALIFORNIA EDISON 39,532.09 2,003.05 41,535.14 *** AP 00394813 10/10/2018 SOUTHERN CALIFORNIA EDISON 48.11 0.00 48.11 AP 00394814 10/10/2018 SPRINT 0.00 121.95 121.95 AP 00394815 10/10/2018 STERLING COFFEE SERVICE 0.00 185.95 185.95 AP 00394816 10/10/2018 STORAGE CONTAINER.COM 425.90 0.00 425.90 AP 00394817 10/10/2018 STOTZ EQUIPMENT 505.05 0.00 505.05 AP 00394818 10/10/2018 SWIFTY SIGN 0.00 320.00 320.00 AP 00394819 10/10/2018 SYSTEMS SOURCE INC 4,941.84 0.00 4,941.84 AP 00394820 10/10/2018 TEXAS STATE UNIVERSITY-ALERRT 1,000.00 0.00 1,000.00 AP 00394821 10/10/2018 THE COUNSELING TEAM INTERNATIONAL 437.50 0.00 437.50 AP 00394822 10/10/2018 THOMPSON PLUMBING SUPPLY INC 10.43 0.00 10.43 AP 00394823 10/10/2018 TIREHUB LLC 1,408.44 0.00 1,408.44 AP 00394824 10/10/2018 TORO TOWING 300.00 0.00 300.00 AP 00394825 10/10/2018 UNITED PACIFIC SERVICES INC 44,935.00 0.00 44,935.00 AP 00394826 10/10/2018 UNITED RENTALS NORTH AMERICA INC 269.27 0.00 269.27 AP 00394827 10/10/2018 UNITED WAY 93.00 0.00 93.00 AP 00394828 10/10/2018 UPLAND AUTO TRIM 235.00 0.00 235.00 AP 00394829 10/10/2018 UPS 95.43 0.00 95.43 AP 00394830 10/10/2018 UTILIQUEST 8,704.52 0.00 8,704.52 AP 00394831 10/10/2018 VAN SCOYOC ASSOCIATES INC 4,000.00 0.00 4,000.00 AP 00394832 10/10/2018 VCLOUD TECH INC 16,111.56 0.00 16,111.56 AP 00394833 10/10/2018 VELARDE, HOPE 25.90 0.00 25.90 AP 00394834 10/10/2018 VICTOR MEDICAL COMPANY 11,767.07 0.00 11,767.07 AP 00394835 10/10/2018 VIVERAE INC 1,150.00 0.00 1,150.00 AP 00394836 10/10/2018 VORTEX INDUSTRIES INC 0.00 695.00 695.00 AP 00394837 10/10/2018 WAXIE SANITARY SUPPLY 1,935.27 0.00 1,935.27 AP 00394838 10/10/2018 WESTERN UNIVERSITY OF HEALTH SCIENCE 500.00 0.00 500.00 AP 00394839 10/10/2018 WESTERN UNIVERSITY OF HEALTH SCIENCE 400.00 0.00 400.00 AP 00394840 10/10/2018 WHITE HOUSE PHOTO INC 875.00 0.00 875.00 AP 00394841 10/10/2018 WILBUR-ELLIS COMPANY 1,822.05 0.00 1,822.05 AP 00394842 10/10/2018 WORD MILL PUBLISHING 1,200.00 0.00 1,200.00 AP 00394843 10/10/2018 ZOETIS US LLC 116.65 0.00 116.65 AP 00394844 10/11/2018 ABC LOCKSMITHS 255.58 0.00 255.58 AP 00394847 10/11/2018 BRODART BOOKS 6,172.00 0.00 6,172.00 User: VLOPEZ - VERONICA LOPEZ Page: 4 Current Date: 10/23/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 14:44:21 Page 12 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 10/9/2018 through 10/22/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00394848 10/11/2018 CARQUEST AUTO PARTS 823.34 0.00 823.34 AP 00394849 10/11/2018 CITRUS MOTORS ONTARIO INC 1,742.23 0.00 1,742.23 AP 00394850 10/11/2018 DEMCOINC 52.69 0.00 52.69 AP 00394851 10/11/2018 DUMBELL MAN FITNESS EQUIPMENT, THE 0.00 962.59 962.59 AP 00394852 10/11/2018 DUNN EDWARDS CORPORATION 274.84 0.00 274.84 AP 00394853 10/11/2018 EMCOR SERVICE 9,235.00 0.00 9,235.00 AP 00394854 10/11/2018 EWING IRRIGATION PRODUCTS 1,184.38 0.00 1,184.38 AP 00394855 10/11/2018 HENRY SCHEIN ANIMAL HEALTH SUPPLY 352.53 0.00 352.53 AP 00394856 10/11/2018 HOLLIDAY ROCK CO INC 12,497.77 0.00 12,497.77 AP 00394857 10/11/2018 HOSE MAN INC 240.95 0.00 240.95 AP 00394858 10/11/2018 INLAND VALLEY DAILY BULLETIN 4,121.00 0.00 4,121.00 AP 00394859 10/11/2018 INLAND VALLEY DAILY BULLETIN 1,835.00 0.00 1,835.00 AP 00394860 10/11/2018 INTERSTATE BATTERIES 616.86 0.00 616.86 AP 00394861 10/11/2018 MINUTEMAN PRESS 343.72 0.00 343.72 AP 00394863 10/11/2018 OFFICE DEPOT 5,598.27 0.00 5,598.27 AP 00394864 10/11/2018 OVERDRIVE INC 1,154.34 0.00 1,154.34 AP 00394865 10/11/2018 PSA PRINT GROUP 88.36 0.00 88.36 AP 00394866 10/11/2018 SAFETY CENTER INC 2,900.00 0.00 2,900.00 AP 00394867 10/11/2018 SIEMENS INDUSTRY INC 57,418.73 0.00 57,418.73 AP 00394868 10/11/2018 SITEONE LANDSCAPE SUPPLY LLC 1,537.64 0.00 1,537.64 AP 00394869 10/11/2018 SUNRISE FORD 415.26 0.00 415.26 AP 00394870 10/15/2018 CALIFORNIA DIVISION OF THE STATE ARCHITECT 1,182.20 0.00 1,182.20 AP 00394871 10/17/2018 ACEY DECY EQUIPMENT INC. 226.69 0.00 226.69 AP 00394872 10/17/2018 ADVANCED CHEMICAL TRANSPORT 1,376.50 0.00 1,376.50 AP 00394873 10/17/2018 ADVANCED OFFICE 122.46 0.00 122.46 AP 00394874 10/17/2018 AGUILAR, ARIANA 50.00 0.00 50.00 AP 00394875 10/17/2018 ALBA, CANDACE 72.00 0.00 72.00 AP 00394876 10/17/2018 ALBERT A. WEBB 2,847.40 0.00 2,847.40 AP 00394877 10/17/2018 ALL AMERICAN ASPHALT 65,888.01 0.00 65,888.01 AP 00394878 10/17/2018 ALLIANT INSURANCE SERVICES INC. 11,209.00 0.00 11,209.00 AP 00394879 10/17/2018 ALLSTAR FIRE EQUIPMENT INC 0.00 1,280.07 1,280.07 AP 00394880 10/17/2018 ALTA VISTA MOBILE HOME PARK 800.00 0.00 800.00 AP 00394881 10/17/2018 AMERICAN SCALE CO INC 0.00 522.93 522.93 AP 00394882 10/17/2018 ARROW INTERNATIONAL 0.00 1,503.65 1,503.65 AP 00394883 10/17/2018 ASSI SECURITY 0.00 4,550.00 4,550.00 AP 00394884 10/17/2018 AVENDANO, KATRENA 43.58 0.00 43.58 AP 00394885 10/17/2018 BC TRAFFIC SPECIALISTS 0.00 12,549.64 12,549.64 AP 00394886 10/17/2018 BEDAZZLE MY EVENTS 2,176.00 0.00 2,176.00 AP 00394887 10/17/2018 BELTRAN, OSBALDO ALVARADO 459.00 0.00 459.00 AP 00394888 10/17/2018 BIG AL'S 2,942.00 0.00 2,942.00 AP 00394889 10/17/2018 BIG MIKE'S BARBERSHOP #2 54.25 0.00 54.25 AP 00394890 10/17/2018 BOLTON, HEATHER 50.00 0.00 50.00 AP 00394891 10/17/2018 BRYAN CAVE LEIGHTON PAISNER LLP 180.00 0.00 180.00 AP 00394892 10/17/2018 BSN SPORTS LLC 749.91 0.00 749.91 AP 00394894 10/17/2018 C V W D 59,712.63 55.20 59,767.83 *** AP 00394895 10/17/2018 CAL POLY POMONA FOUNDATION 850.00 0.00 850.00 AP 00394896 10/17/2018 CASTILLO, MARIA 100.00 0.00 100.00 User: VLOPEZ - VERONICA LOPEZ Page: 5 Current Date: 10/23/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 14:44:21 Page 13 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 10/9/2018 through 10/22/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00394897 10/17/2018 CDW GOVERNMENT INC. 4,999.60 0.00 4,999.60 AP 00394898 10/17/2018 CHAMBERLIN, ZABRINA 59.14 0.00 59.14 AP 00394899 10/17/2018 CINTAS CORPORATION #150 0.00 163.14 163.14 AP 00394900 10/17/2018 CITY CLERKS ASSOCIATION OF CALIFORNIA 400.00 0.00 400.00 AP 00394901 10/17/2018 CIVIC SOLUTIONS INC 7,125.00 0.00 7,125.00 AP 00394902 10/17/2018 COMMUNITY BANK 3,467.79 0.00 3,467.79 AP 00394903 10/17/2018 COOK, JANA 79.59 0.00 79.59 AP 00394904 10/17/2018 CORELOGIC SOLUTIONS LLC 257.50 0.00 257.50 AP 00394905 10/17/2018 COX, ELISA 28.62 0.00 28.62 AP 00394906 10/17/2018 DAISY 1,326.23 0.00 1,326.23 AP 00394907 10/17/2018 DANCE TERRIFIC 2,104.20 0.00 2,104.20 AP 00394908 10/17/2018 DEPARTMENT OF JUSTICE 2,112.00 0.00 2,112.00 AP 00394909 10/17/2018 DEPENDABLE COMPANY INC. 23.75 0.00 23.75 AP 00394910 10/17/2018 DIRECTV 244.23 0.00 244.23 AP 00394911 10/17/2018 EDWARD PROFESSIONAL ADVISORS 900.00 0.00 900.00 AP 00394912 10/17/2018 EMBROIDME 705.59 0.00 705.59 AP 00394913 10/17/2018 ENLIGHTENED LEARNING CLUB 250.00 0.00 250.00 AP 00394914 10/17/2018 ERICKSON HALL CONSTRUCTION 0.00 7,770.00 7,770.00 AP 00394915 10/17/2018 FIRST CLASS HEATING & AIR 600.00 0.00 600.00 AP 00394916 10/17/2018 FIRST CLASS HEATING & AIR 3,200.00 0.00 3,200.00 AP 00394917 10/17/2018 FLOATASIA PARADE FLOAT COMPANY 11,400.00 0.00 11,400.00 AP 00394918 10/17/2018 FRONTIER COMM 645.51 217.49 863.00 *** AP 00394919 10/17/2018 GABEL & SHUBERT INC. 290.47 0.00 290.47 AP 00394920 10/17/2018 GEOGRAPHICS 1,508.36 0.00 1,508.36 AP 00394921 10/17/2018 GOVERNMENT TAX SEMINARS LLC 1,185.00 0.00 1,185.00 AP 00394922 10/17/2018 GRAINGER 86.39 0.00 86.39 AP 00394923 10/17/2018 GRAPHICS FACTORY INC. 426.69 0.00 426.69 AP 00394924 10/17/2018 GUYAN, CAITLIN 750.00 0.00 750.00 AP 00394925 10/17/2018 HERITAGE EDUCATION GROUP 973.00 0.00 973.00 AP 00394926 10/17/2018 HOLLOWAY, JACK 0.00 271.50 271.50 AP 00394927 10/17/2018 HUGHES, CHRIS 192.73 0.00 192.73 AP 00394928 10/17/2018 HUMANITY CENTER4CHANGE 600.00 0.00 600.00 AP 00394929 10/17/2018 IDEXX DISTRIBUTION INC 10,938.28 0.00 10,938.28 AP 00394930 10/17/2018 INDERWIESCHE, MATT 834.00 0.00 834.00 AP 00394931 10/17/2018 INLAND VALLEY EMERGENCY PET CLINIC 871.00 0.00 871.00 AP 00394932 10/17/2018 INTELESYS ONE INC 1,991.23 0.00 1,991.23 AP 00394933 10/17/2018 KENDRENA, DONNA 138.51 0.00 138.51 AP 00394934 10/17/2018 KHULLAR, REENA 26.67 0.00 26.67 AP 00394935 10/17/2018 KINDRED CORPORATION 4,936.63 0.00 4,936.63 AP 00394936 10/17/2018 KINETIC LIGHTING INC 225.00 0.00 225.00 AP 00394937 10/17/2018 LANCE SOLL AND LUNGHARD 18,200.00 450.00 18,650.00 *** AP 00394938 10/17/2018 LEIGHTON CONSULTING INC 7,501.40 0.00 7,501.40 AP 00394939 10/17/2018 LENOVO (UNITED STATES) INC. 3,575.75 0.00 3,575.75 AP 00394940 10/17/2018 LIFE ASSIST INC 0.00 981.94 981.94 AP 00394941 10/17/2018 LIVE OAK DOG OBEDIENCE 468.00 0.00 468.00 AP 00394942 10/17/2018 LOONEY, QIANTEH 225.00 0.00 225.00 AP 00394943 10/17/2018 LOPEZ, ANGEL 200.00 0.00 200.00 User: VLOPEZ - VERONICA LOPEZ Page: 6 Current Date: 10/23/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 14:44:21 Page 14 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 10/9/2018 through 10/22/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00394944 10/17/2018 MAIN STREET EXPERIENCES 200.00 0.00 200.00 AP 00394945 10/17/2018 MARRUFO, JOANNA 60.42 0.00 60.42 AP 00394946 10/17/2018 MARSHALL, FELICIA 84.63 0.00 84.63 AP 00394947 10/17/2018 MARTIN AND CHAPMAN CO 25.99 0.00 25.99 AP 00394948 10/17/2018 MARTINEZ, ALEC 3,813.77 0.00 3,813.77 AP 00394949 10/17/2018 MATLOCK DESIGN BUILD INC 920.00 0.00 920.00 AP 00394950 10/17/2018 MAXWELL, ANTHONY 27.00 0.00 27.00 AP 00394951 10/17/2018 MAXWELL, MICHELLE 9.00 0.00 9.00 AP 00394952 10/17/2018 MEDLEY FIRE PROTECTION INC 0.00 340.00 340.00 AP 00394953 10/17/2018 MIDWEST TAPE 609.36 0.00 609.36 AP 00394954 10/17/2018 MORAN, CASSANDRA 25.89 0.00 25.89 AP 00394955 10/17/2018 MOTOPORT 6,608.26 0.00 6,608.26 AP 00394956 10/17/2018 MOUNTAIN VIEW EM PHYS MEDICAL GROUP INC 0.00 315.00 315.00 AP 00394957 10/17/2018 MUNSON, MICHELLE 85.78 0.00 85.78 AP 00394958 10/17/2018 MURADIAN, LESLIE 400.00 0.00 400.00 AP 00394959 10/17/2018 MUSICLAND 924.00 0.00 924.00 AP 00394960 10/17/2018 MUTUAL PROPANE 0.00 20.00 20.00 AP 00394961 10/17/2018 NEW COLOR SCREEN PRINTING & EMBROIDERY 21.55 0.00 21.55 AP 00394962 10/17/2018 NEWSBANK INC 7,808.00 0.00 7,808.00 AP 00394963 10/17/2018 NGUYEN, THANH 98.00 0.00 98.00 AP 00394964 10/17/2018 NICHOLAS E ROSE MEDICAL CONSULTING INC 981.25 0.00 981.25 AP 00394965 10/17/2018 NINYO & MOORE 9,669.50 0.00 9,669.50 AP 00394966 10/17/2018 OCCUPATIONAL HEALTH CTRS OF CA 0.00 52.50 52.50 AP 00394967 10/17/2018 OCLC INC 57.47 0.00 57.47 AP 00394968 10/17/2018 ONWARD ENGINEERING 15,455.00 0.00 15,455.00 AP 00394969 10/17/2018 PACIFIC YOUTH SPORTS 2,040.00 0.00 2,040.00 AP 00394970 10/17/2018 PALACIOS, JENNIFER 74.94 0.00 74.94 AP 00394971 10/17/2018 PH&S PRODUCTS LLC 0.00 1,744.00 1,744.00 AP 00394972 10/17/2018 R AND R AUTOMOTIVE 1,725.50 0.00 1,725.50 AP 00394973 10/17/2018 RAYMOND HANDLING SOLUTIONS INC 0.00 4,000.00 4,000.00 AP 00394974 10/17/2018 RBM LOCK AND KEY SERVICE 48.49 0.00 48.49 AP 00394975 10/17/2018 RICHARD WIGHTMAN CONSTRUCTION INC 700.00 0.00 700.00 AP 00394976 10/17/2018 RICHARDS WATSON AND GERSHON 44,271.30 274.84 44,546.14 *** AP 00394977 10/17/2018 SALAZAR, SANDRA 108.21 0.00 108.21 AP 00394978 10/17/2018 SAN BERNARDINO COUNTY TRANSPORTATION 0.00 454.73 454.73 AP 00394979 10/17/2018 SAN BERNARDINO COUNTY SHERIFFS DEPT 3,330.86 0.00 3,330.86 AP 00394980 10/17/2018 SAN BERNARDINO COUNTY 107.00 0.00 107.00 AP 00394981 10/17/2018 SANDONA, BRIAN 33.00 0.00 33.00 AP 00394982 10/17/2018 SIGN SHOP, THE 0.00 39.20 39.20 AP 00394983 10/17/2018 SO CALIF GAS COMPANY 0.00 71.99 71.99 AP 00394984 10/17/2018 SOCAL OFFICE TECHNOLOGIES 935.82 0.00 935.82 AP 00394985 10/17/2018 SOCIAL IMPACT ARTISTS - TSIA, THE 2,000.00 0.00 2,000.00 AP 00394990 10/17/2018 SOUTHERN CALIFORNIA EDISON 18,625.67 0.00 18,625.67 AP 00394991 10/17/2018 SOUTHERN CALIFORNIA EDISON 380.45 0.00 380.45 AP 00394992 10/17/2018 STERLING COFFEE SERVICE 533.98 0.00 533.98 AP 00394993 10/17/2018 SUNRIDGE ALTA LOMA 883.03 0.00 883.03 AP 00394994 10/17/2018 SWIFTY SIGN 0.00 100.00 100.00 User: VLOPEZ - VERONICA LOPEZ Page: 7 Current Date: 10/23/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 14:44:21 Page 15 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 10/9/2018 through 10/22/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00394995 10/17/2018 T S R CONSTRUCTION & INSPECTION 41,486.50 0.00 41,486.50 AP 00394996 10/17/2018 TERRAZAS, TERESA 59.14 0.00 59.14 AP 00394997 10/17/2018 THEATRICAL LIGHTING & SCENIC SERVICES LLC 300.00 0.00 300.00 AP 00394998 10/17/2018 TORGA ELECTRIC 61,104.00 0.00 61,104.00 AP 00394999 10/17/2018 U S LEGAL SUPPORT INC 555.00 0.00 555.00 AP 00395000 10/17/2018 U.S. BANK PARS ACCT #6746022500 1,425.68 0.00 1,425.68 AP 00395001 10/17/2018 U.S. BANK PARS ACCT #6746022500 1,425.68 0.00 1,425.68 AP 00395002 10/17/2018 U.S. BANK PARS ACCT #6746022500 16,597.85 0.00 16,597.85 AP 00395003 10/17/2018 U.S. BANK PARS ACCT #6746022500 23,161.03 0.00 23,161.03 AP 00395004 10/17/2018 U.S. BANK PARS ACCT #6745033700 6,605.00 0.00 6,605.00 AP 00395005 10/17/2018 UNIVERSAL MARTIAL ARTS CENTERS 640.50 0.00 640.50 AP 00395006 10/17/2018 UPS 45.69 0.00 45.69 AP 00395007 10/17/2018 UTILITY FINANCIAL SOLUTIONS 10,765.00 0.00 10,765.00 AP 00395008 10/17/2018 VARGAS AND RAMIREZ SPORTS 2,107.37 0.00 2,107.37 AP 00395009 10/17/2018 VERIZON 20.36 0.00 20.36 AP 00395010 10/17/2018 VERIZON WIRELESS - LA 202.46 0.00 202.46 AP 00395011 10/17/2018 VERIZON WIRELESS - LA 5,223.33 0.00 5,223.33 AP 00395012 10/17/2018 VIGILANT SOLUTIONS 20,520.00 0.00 20,520.00 AP 00395013 10/17/2018 VIRTUAL PROJECT MANAGER INC 500.00 0.00 500.00 AP 00395014 10/17/2018 VITAGREEN INTERNATIONAL 585.88 0.00 585.88 AP 00395015 10/17/2018 WAXIE SANITARY SUPPLY 830.11 851.27 1,681.38 *** AP 00395016 10/17/2018 WELLS, JUDITH 76.30 0.00 76.30 AP 00395017 10/17/2018 WENGER, JEFF 0.00 135.57 135.57 AP 00395018 10/17/2018 WESTERN UNIVERSITY OF HEALTH SCIENCE 1,020.00 0.00 1,020.00 AP 00395019 10/17/2018 XEROX FINANCIAL SERVICES 298.38 0.00 298.38 AP 00395020 10/17/2018 YAMADA ENTERPRISES 38,286.97 0.00 38,286.97 AP 00395021 10/18/2018 ABC LOCKSMITHS 1,385.53 0.00 1,385.53 AP 00395022 10/18/2018 AIRGAS USA LLC 0.00 301.75 301.75 AP 00395023 10/18/2018 B AND K ELECTRIC WHOLESALE 304.76 0.00 304.76 AP 00395024 10/18/2018 CARQUEST AUTO PARTS 0.00 63.00 63.00 AP 00395025 10/18/2018 CITRUS MOTORS ONTARIO INC 0.00 72.08 72.08 AP 00395026 10/18/2018 DUMBELL MAN FITNESS EQUIPMENT, THE 915.95 0.00 915.95 AP 00395027 10/18/2018 DUNN EDWARDS CORPORATION 81.80 0.00 81.80 AP 00395028 10/18/2018 FORD OF UPLAND INC 2,827.69 0.00 2,827.69 AP 00395029 10/18/2018 HOLLIDAY ROCK CO INC 11,560.82 0.00 11,560.82 AP 00395030 10/18/2018 HOSE MAN INC 966.31 0.00 966.31 AP 00395031 10/18/2018 KME FIRE APPARATUS 0.00 404.79 404.79 AP 00395032 10/18/2018 MCFADDEN DALE HARDWARE 154.58 0.00 154.58 AP 00395033 10/18/2018 OFFICE DEPOT 5,496.25 0.00 5,496.25 AP 00395034 10/18/2018 PSA PRINT GROUP 38.79 77.58 116.37 *** AP 00395035 10/18/2018 SITEONE LANDSCAPE SUPPLY LLC 1,048.52 0.00 1,048.52 User: VLOPEZ - VERONICA LOPEZ Page: 8 Current Date: 10/23/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 14:44:21 Page 16 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 10/9/2018 through 10/22/2018 Check No. Check Date Vendor Name Citv Fire Amount Total City: $1,690,033.19 Total Fire: $82,768.66 Grand Total: . Note: *** Check Number includes both City and Fire District expenditures User: VLOPEZ - VERONICA LOPEZ Page: 9 Current Date: 10/23/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 14:44:21 Page 17 DATE: November 7, 2018 TO: President and Members of the Board of Directors FROM: John Gillison, City Manager INITIATED BY: Ivan Rojer, Fire Chief Darryl Polk, Innovation and Technology Director/CIO Ruth Cain, CPPB, Procurement Manager SUBJECT: CONSIDERATION TO APPROVE THE USE OF A COOPERATIVE CONTRACT TO AWARD TO CONVERGE ONE, INC. FOR BACKUP DATA CENTER NETWORKING EQUIPMENT IN THE AMOUNT OF $1,060,878. RECOMMENDATION: Staff recommends that the Fire Board approve an award to ConvergeOne, Inc. of Ontario, California utilizing the National Association of State Procurement Officials (NASPO) Valuepoint Cooperative Agreement, Cisco Master Agreement Contract Number #AR233, to enter into an agreement in conjunction with the City to provide services for the procurement, design and implementation of backup data center networking equipment with a total appropriation of $1,060,878 into the Fiscal Year 2018/19 budget. BACKGROUND: The Fire Board approved the construction of a backup data center as part of the Fire District's All -Hazard Training Center. The backup data center will function as an alternate live site for the City's/District's data center environment, providing resiliency in the event of a disaster and expedited recovery time of critical District services. The new backup data center facility is designed specifically to withstand seismic events and provide a secure, accessible location for the District's and the City's critical information technology infrastructure. This project will provide data networking equipment to connect the backup data center located at the Training Center with the primary data center located at City Hall utilizing fiber optic cabling between sites. This network equipment is part of an investment to ready the facility to serve as fully -redundant replicate data center site to City Hall, capable of real-time failover and disaster recovery in the event of an unexpected outage. ANALYSIS: Staff recommends an award to ConvergeOne of Ontario, California due to their extensive knowledge of the current data network architecture for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. ConvergeOne is a Platinum level Cisco partner and has extensive experience in the installation and configuration of Cisco networking equipment. ConvergeOne is one of the approved Page 18 contractors named in the Utah WCSA-NASPO Master Price Agreement No. AR233 under the State of California Participating Addendum No. 7-14-70-04 and the proposed quote reflects pricing for equipment and services under this cooperative agreement. The Fire District backup data center project was initiated with the planned build of the Fire District's All - Hazard Training Center as part of the Fire District's mission to provide disaster resiliency and recovery for the City. The backup data center building was completed in 2017, providing the physical structure, cooling systems, power and rack space to accommodate a mirror data center environment to the City Hall data center. This project provides the network equipment to connect the backup data center to the City's network, including internet service provision, to enable it to take the place of the primary data center in real- time should a disaster or other event disable the City Hall data center. Construction of the backup data center will be in tandem with the refresh of the City Data center environment, with project completion estimated by July 2019. All documents are on file with the Procurement Division and City Clerk's office. FISCAL IMPACT: It is recommended the Fire Board approve an appropriation of $1,060,878 from the Fire District Capital Reserves to the Fire Protection Capital Fund/Capital Outlay -Computer Equipment, Account No. 3288501- 5605 in the amount of $964,878; and authorize an additional $96,000 for additional equipment, materials, and contingency funding. COUNCIL GOAL(S) ADDRESSED: Completion of the Fire Backup Data center supports the City Council's overarching goal to proactively develop public safety programs and facilities to meet community needs by enhancing the City's resiliency and recovery from a local disaster. Page 19 DATE: November 7, 2018 TO: President and Members of the Board of Directors FROM: John Gillison, City Manager INITIATED BY: Ruth Cain, CPPB, Procurement Manager Cheryl Combs, Procurement Technician SUBJECT: CONSIDERATION TO APPROVE THE USE OF THE NATIONAL IPA COOPERATIVE AGREEMENT WITH GRAINGER FOR THE PROCUREMENT OF MISCELLANEOUS TOOLS & MAINTENANCE SUPPLIES AND AUTHORIZE THE USE OF FUTURE RENEWALS AS AWARDED BY NATIONAL IPA, TO BE FUNDED BY VARIOUS ACCOUNT NUMBERS, IN ACCORDANCE WITH THE ADOPTED BUDGET. RECOMMENDATION: Staff recommends the City Council approve the use of the National IPA Cooperative Agreement with Grainger, Contract #141003, awarded by the City of Tucson, Arizona, for the procurement of miscellaneous tools and maintenance supplies and authorize the use of future renewals as awarded by National I PA, to be funded by various account numbers, in accordance with the adopted budget. BACKGROUND: Per the City of Rancho Cucamonga's Municipal Code Section 3.08.070, the City may award contracts when the purchase is beneficial to the interest of the City and is from a supplier who has been awarded a specific item or items in a contract resulting from a formal competitive process by another governmental agency. ANALYSIS: Staff recommends that City Council authorize the purchase of miscellaneous tools and maintenance supplies utilizing the National I PA Contract Number #141003 awarded by the City of Tucson, Arizona, for the respective supplies available on the contract. The contract term has an expiration date of December 31, 2019, with options to renew as awarded by National IPA. Staff also recommends authorizing expenditures in accordance with the adopted fiscal year budgets from various citywide accounts. Procurement will continue to review the contracts annually. FISCAL IMPACT: During FY 2017/18 the total spend for purchases through Grainger were $63,679.00. There would be no Page 20 fiscal impact beyond that which has already been budgeted in the FY 2018/19 adopted budget. COUNCIL GOAL(S) ADDRESSED: Continuing to utilize the National I PA Cooperative Agreement to procure items such as miscellaneous tools and maintenance supplies is tied to the Mid and Long Range Planning Council goal. Use of the Agreement effectively manages cost by providing steeper discounts to the City due to the high product volume procured by Citywide Departments as well as other entities that also utilize the Agreement This allows for more accurate budget planning for departments for the term of the Agreement. Page 21 DATE: November 7, 2018 TO: Mayor and Members of the City Council FROM: John Gillison, City Manager INITIATED BY: Ruth Cain, CPPB, Procurement Manager Cheryl Combs, Procurement Technician SUBJECT: CONSIDERATION TO APPROVE THE USE OF THE US COMMUNITIES CONTRACT AWARDED TO GRAYBAR TO FURNISH ELECTRICAL, LIGHTING, DATA COMMUNICATIONS, SECURITY PRODUCTS AND OTHER RELATED SERVICES AND SOLUTIONS FOR THE REMAINDER OF FISCAL YEAR 2018/2019 AND AUTHORIZE THE USE OF FUTURE RENEWALS AS AWARDED BY US COMMUNITIES, TO BE FUNDED BY VARIOUS CITYWIDE ACCOUNT NUMBERS IN ACCORDANCE WITH THE ADOPTED FISCAL YEAR BUDGETS. RECOMMENDATION: Staff recommends the City Council approve the use of US Communities Contract Number EV2370, awarded to Graybar, to furnish electrical, lighting, data communications, security products, and other related services and solutions for the remainder of Fiscal Year 2018/2019, and authorize staff to utilize future renewals as awarded by US Communities, to be funded by various citywide account numbers in accordance with the adopted fiscal year budgets. BACKGROUND: As part of an ongoing review of City operations, the Procurement Division has identified a viable cooperative purchasing option from a US Communities Agreement awarded to Graybar for products and services. Per the City of Rancho Cucamonga's Municipal Code Section 3.08.070, the City may award contracts when the purchase is beneficial to the interest of the City and is from a supplier who has been awarded a specific item or items in a contract resulting from a formal competitive bid process by another governmental agency within the State of California or by the federal government within the last year. Graybar was awarded the contract from US Communities, which allows other agencies to utilize the contract at the same prices, and terms and conditions. Staff has reviewed the contract and is satisfied that it meets the City's specification requirements. Page 22 ANALYSIS: Staff recommends that City Council authorize the purchase of electrical, lighting, data communications, security products and other related services and solutions for the remainder of fiscal year from Graybar utilizing the US Communities contract number EV2370, and authorize the use of future renewals as awarded by US Communities, to be funded by various citywide account numbers in accordance with the adopted fiscal year budgets. FISCAL IMPACT: No fiscal impact is anticipated. Expenditures pursuant to this agreement will be in accordance with the FY 2018-19 budget. COUNCIL GOAL(S) ADDRESSED: Use of the US Communities Contract with Graybar is tied to the to the Mid and Long Range Planning Council goal by effectively managing cost by providing steeper discounts to the City due to the high product volume procured by Citywide Departments as well as other entities that also utilize the Contract. This allows for more accurate budget planning for departments for the term of the Agreement. Page 23 DATE: November 7, 2018 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 Ruth Cain, Procurement Manager Michelle Cowles, Management Aide SUBJECT: CONSIDERATION TO USE OF THE CALIFORNIA DEPARTMENT OF GENERAL SERVICES 2018 DRIVE GREEN CALIFORNIA CONTRACT AND AWARD THE PURCHASE OF THREE (3) ELECTRIC CHEVROLET BOLT STAFF VEHICLES FROM WINNER CHEVROLET IN THE AMOUNT OF $100,977. RECOMMENDATION: Staff recommends the Fire Board approve the use of the California Department of General Services (DGS) 2018 Drive Green California Contract and award the purchase of three (3) electric Chevrolet Bolt staff vehicles from Winner Chervrolet of Elk Grove, California, for $100,977. BACKGROUND: The new vehicles will replace three (3) units that are out of service, Units #109-08, 117-09 and 95-07. The Ford Escape Hybrid (Unit #109-08) was placed into service in 2008. On May 5, 2018, the vehicle was involved in an automobile accident and totaled, and subsequently salvaged on June 28, 2018. The District filed an insurance claim through Risk Management and a Subrogation Demand was submitted against the other driver. A partial reimbursement payment (approximately $8,000) is pending from the other driver's insurance agency. The 2009 Saturn Vue (Unit 117-09) is 10 years old with 58,540 miles. This vehicle is out of service and permanently inoperable due to a steering column issue. Parts needed are obsolete, not in stock and the vehicle cannot be repaired. The 2007 Ford Escape Hybrid (Unit #95-07) is 12 years old with over 80,500 miles. There are major issues and malfunctions with the hybrid battery system. It costs approximately $10,000 to replace this battery system, which exceeds the value of the vehicle. It is not cost effective to keep and maintain this vehicle. The proposed new electric vehicles will support the District's goal to provide a "Green Fleet" whenever operationally possible. The new vehicles will be assigned to front line service, with our Fire Prevention Bureau and EMS Staff, allowing those positions' current vehicles to be down -streamed to our Page 24 Administrative Pool. As a result, two (2) pool vehicles (the 2007 Ford Escape Hybrid and the Saturn Vue), will then be surplused and auctioned. This purchase will not increase the existing District fleet. ANALYSIS: Fire District staff provided specifications for three (3) electric staff vehicles to the Procurement Division. A formal bid process was conducted with no viable responses being received. A vendor outreach was conducted to research why there were no responses. The determination was made that if the bid was posted again the bid results would be similar. The Procurement Department became aware of the 2018 Drive Green California Contract and opted to piggyback off the contract which features the latest alternative fuel vehicles, light duty cars and trucks, zero emission vehicles, plug-in hybrids, electric vehicles and more at a pre -negotiated price. All applicable bid documentation is on file in the Procurement Division. FISCAL IMPACT: $50,000 is allocated for two (2) of the new electric vehicles in the FY18/19 Budget in Fire Protection Capital Fund/Capital Outlay — Vehicles, Account Number 3288501-5604. The third vehicle is pending an insurance claim reimbursement. However, there are sufficient funds in Fire Protection Capital Fund/Capital Outlay - Vehicles because the District will not be able to complete the entire solicitation process for a new replacement fire engine in the current fiscal year. COUNCIL GOAL(S) ADDRESSED: This item addresses the Fire District and City Council goal of Mid- and Long -Range Planning and as such are committed to reducing effects on the environment. The District is continuing to act on expanding the use of zero -emission vehicles that reduce harmful toxins and pollutants into the environment. The front-line electric vehicles are more technically advanced, have improved safety systems, reduce carbon emissions and are more fuel efficient. Page 25 •�1 DATE: November 7, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Tamara Layne, Finance Director SUBJECT: CONSIDERATION TO APPROVE BI -WEEKLY PAYROLL IN THE AMOUNT OF $1,152,597.63 AND WEEKLY CHECK REGISTERS IN THE AMOUNT OF $1,690,033.19. DATED OCTOBER 09, 2018 THROUGH OCTOBER 22, 2018. RECOMMENDATION: Staff recommends City Council approve payment of demands as presented. BACKGROUND: N/A ANALYSIS: N/A FISCAL IMPACT: Adequate budgeted funds are available for the payment of demands per the attached listing. COUNCIL GOAL(S) ADDRESSED: N/A ATTACHMENTS: Description Attachment 1 Check Register Page 26 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 10/9/2018 through 10/22/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00008375 10/10/2018 ALL CITY MANAGEMENT SERVICES INC. 38,963.49 0.00 38,963.49 AP 00008376 10/10/2018 CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA 13,205.00 0.00 13,205.00 AP 00008377 10/10/2018 METROPOLITAN WATER DISTRICT, THE 1,200.00 0.00 1,200.00 AP 00008378 10/10/2018 RCCEA 1,837.00 0.00 1,837.00 AP 00008379 10/10/2018 RCPFA 12,343.02 0.00 12,343.02 AP 00008380 10/10/2018 RIVERSIDE, CITY OF 6,909.00 0.00 6,909.00 AP 00008381 10/10/2018 US DEPARTMENT OF ENERGY 9,720.47 0.00 9,720.47 AP 00008382 10/17/2018 ALL CITY MANAGEMENT SERVICES INC. 28,718.09 0.00 28,718.09 AP 00008383 10/17/2018 EDF TRADING NORTH AMERICA LLC 27,600.00 0.00 27,600.00 AP 00008384 10/17/2018 RE ASTORIA 2 LLC 111,200.93 0.00 111,200.93 AP 00008385 10/17/2018 SAN BERNARDINO COUNTY 32.00 0.00 32.00 AP 00394662 10/10/2018 A AND R TIRE SERVICE 152.59 0.00 152.59 AP 00394663 10/10/2018 ABLE BUILDING MAINTENANCE 5,383.15 0.00 5,383.15 AP 00394664 10/10/2018 ABM BUSINESS MACHINES INC 299.50 0.00 299.50 AP 00394665 10/10/2018 ADAPT CONSULTING INC 0.00 1,249.93 1,249.93 AP 00394666 10/10/2018 AFLAC GROUP INSURANCE 40.97 0.00 40.97 AP 00394667 10/10/2018 ALPHAGRAPHICS 48.48 0.00 48.48 AP 00394668 10/10/2018 AMTECH ELEVATOR SERVICES 2,157.30 0.00 2,157.30 AP 00394669 10/10/2018 ARCHIBALD PET HOSPITAL 50.00 0.00 50.00 AP 00394670 10/10/2018 ARCHITERRA DESIGN GROUP 0.00 580.00 580.00 AP 00394671 10/10/2018 BARNES AND NOBLE 127.44 0.00 127.44 AP 00394672 10/10/2018 BAYVIEW ENGINEERING & CONSTRUCTION 100.00 0.00 100.00 AP 00394673 10/10/2018 BERTINO AUTOMOTIVE SERVICE 626.84 0.00 626.84 AP 00394674 10/10/2018 BEST BEST AND KRIEGER 1,015.00 0.00 1,015.00 AP 00394675 10/10/2018 BLUM ELECTRIC 6,775.89 0.00 6,775.89 AP 00394676 10/10/2018 BOB'S MUFFLER SHOP 250.00 0.00 250.00 AP 00394677 10/10/2018 BRIGHTVIEW LANDSCAPE SERVICES INC. 41,557.17 0.00 41,557.17 AP 00394678 10/10/2018 BUREAU VERITAS NORTH AMERICA INC 743.11 0.00 743.11 AP 00394680 10/10/2018 C V W D 54,103.17 0.00 54,103.17 AP 00394681 10/10/2018 CAL PERS LONG TERM CARE 254.14 0.00 254.14 AP 00394682 10/10/2018 CAL -COUNTIES FIRE PROTECTION CO. 3,594.81 0.00 3,594.81 AP 00394683 10/10/2018 CALIFORNIA NARCOTIC OFFICERS' ASSOCIATION 35.00 0.00 35.00 AP 00394684 10/10/2018 CALIFORNIA, STATE OF 100.00 0.00 100.00 AP 00394685 10/10/2018 CALIFORNIA, STATE OF 8.44 0.00 8.44 AP 00394686 10/10/2018 CALIFORNIA, STATE OF 250.00 0.00 250.00 AP 00394687 10/10/2018 CALIFORNIA, STATE OF 1,307.00 0.00 1,307.00 AP 00394688 10/10/2018 CALPROMAX ENGINEERING INC. 49,020.00 0.00 49,020.00 AP 00394689 10/10/2018 CAMERON WELDING SUPPLY 94.71 0.00 94.71 AP 00394690 10/10/2018 CARROT TOP INDUSTRIES 309.59 0.00 309.59 AP 00394691 10/10/2018 CARTY, DIANE 324.00 0.00 324.00 AP 00394692 10/10/2018 CCS ORANGE COUNTY JANITORIAL INC. 1,757.54 3,335.00 5,092.54 *** AP 00394693 10/10/2018 CHAFFEY COLLEGE FOUNDATION 180.00 0.00 180.00 AP 00394694 10/10/2018 CHAMBERLIN, ZABRINA 11.42 0.00 11.42 AP 00394695 10/10/2018 CHARTER COMMUNICATIONS 10,266.81 4,367.12 14,633.93 *** AP 00394696 10/10/2018 CINTAS CORPORATION #150 4,173.89 307.24 4,481.13 *** AP 00394697 10/10/2018 CLARKE PLUMBING SPECIALTIES INC. 325.02 0.00 325.02 AP 00394698 10/10/2018 CLARY CORPORATION 5,820.85 0.00 5,820.85 User: VLOPEZ - VERONICA LOPEZ Page: 1 Current Date: 10/23/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 14:44:21 Page 27 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 10/9/2018 through 10/22/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00394699 10/10/2018 CLEAR STREAM RECYCLING 552.00 0.00 552.00 AP 00394700 10/10/2018 COMMERCIAL TRANSPORTATION SERVICES INC. 195.00 0.00 195.00 AP 00394701 10/10/2018 COMPRESSED AIR SPECIALTIES 0.00 974.96 974.96 AP 00394702 10/10/2018 CORODATA MEDIA STORAGE INC 1,048.39 0.00 1,048.39 AP 00394703 10/10/2018 CORTESE, DEANNE 100.00 0.00 100.00 AP 00394704 10/10/2018 COVERMASTER INC 16,854.00 0.00 16,854.00 AP 00394705 10/10/2018 CREATIVE BRAIN LEARNING 1,861.20 0.00 1,861.20 AP 00394706 10/10/2018 CYCLIST, THE 21,118.46 0.00 21,118.46 AP 00394707 10/10/2018 DAISY 721.73 0.00 721.73 AP 00394708 10/10/2018 DELTA DENTAL 1,388.22 0.00 1,388.22 AP 00394709 10/10/2018 DELTA DENTAL 41,808.90 0.00 41,808.90 AP 00394710 10/10/2018 DP SOLUTIONS INC 1,350.00 0.00 1,350.00 AP 00394711 10/10/2018 DR. DARRYL MORRIS D.D.S. 1,000.00 0.00 1,000.00 AP 00394712 10/10/2018 EDUCATIONAL CREDIT MANAGEMENT CORP. 5.00 0.00 5.00 AP 00394713 10/10/2018 EIGHTH AVENUE ENTERPRISE LLC 88.36 0.00 88.36 AP 00394714 10/10/2018 EMPLOYMENT DEVELOPMENT DEPT. 60.00 0.00 60.00 AP 00394715 10/10/2018 EXECUTIVE AUTO DETAIL 2,400.00 415.00 2,815.00 *** AP 00394716 10/10/2018 EXPRESS BRAKE SUPPLY 133.60 0.00 133.60 AP 00394717 10/10/2018 FAVELA, RICHARD 20.00 0.00 20.00 AP 00394718 10/10/2018 FEDERAL EXPRESS CORP 39.78 0.00 39.78 AP 00394719 10/10/2018 FEHR AND PEERS 3,500.00 0.00 3,500.00 AP 00394720 10/10/2018 FOLKENS, KIM 50.46 0.00 50.46 AP 00394721 10/10/2018 FRAKES, AMANDA 53.96 0.00 53.96 AP 00394722 10/10/2018 FRANKLIN TRUCK PARTS 0.00 928.09 928.09 AP 00394723 10/10/2018 FRONTIER COMM 1,603.24 386.55 1,989.79 *** AP 00394724 10/10/2018 FUEL SERV 0.00 4,861.21 4,861.21 AP 00394725 10/10/2018 G AND M BUSINESS INTERIORS 0.00 63.15 63.15 AP 00394726 10/10/2018 GLOBALSTAR USA 170.64 0.00 170.64 AP 00394727 10/10/2018 GRAINGER 2,773.90 1,646.99 4,420.89 *** AP 00394728 10/10/2018 GRAPHICS FACTORY INC. 276.38 0.00 276.38 AP 00394729 10/10/2018 GROVE LUMBER 0.00 79.69 79.69 AP 00394730 10/10/2018 GUYAN, CAITLIN 750.00 0.00 750.00 AP 00394731 10/10/2018 HAAKER EQUIPMENT CO 121.20 0.00 121.20 AP 00394732 10/10/2018 HEARTSAVERS LLC 179.00 0.00 179.00 AP 00394733 10/10/2018 HERITAGE EDUCATION GROUP 370.00 0.00 370.00 AP 00394734 10/10/2018 HILLS PET NUTRITION SALES INC 710.90 0.00 710.90 AP 00394735 10/10/2018 HYDRO TEK SYSTEMS INC 481.02 0.00 481.02 AP 00394736 10/10/2018 IMPRESSIONS GOURMET CATERING 1,646.42 0.00 1,646.42 AP 00394737 10/10/2018 INK SLINGER SCREEN PRINTING & EMBROIDERY 30.17 0.00 30.17 AP 00394738 10/10/2018 INLAND EMPIRE MEDIA GROUP INC 1,095.00 0.00 1,095.00 AP 00394739 10/10/2018 INPRO CORPORATION 69.50 0.00 69.50 AP 00394740 10/10/2018 INTERNATIONAL COATINGS COMPANY INC 1,159.95 0.00 1,159.95 AP 00394741 10/10/2018 INTERWEST CONSULTING GROUP INC 654.71 0.00 654.71 AP 00394742 10/10/2018 JIMENEZ, VINCENT 1,000.00 0.00 1,000.00 AP 00394743 10/10/2018 JOHNNY ALLEN TENNIS ACADEMY 3,060.00 0.00 3,060.00 AP 00394744 10/10/2018 KETIV TECHNOLOGIES INC 6,285.00 0.00 6,285.00 AP 00394745 10/10/2018 KINDRED CORPORATION 2,281.07 0.00 2,281.07 User: VLOPEZ - VERONICA LOPEZ Page: 2 Current Date: 10/23/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 14:44:21 Page 28 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 10/9/2018 through 10/22/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00394746 10/10/2018 KINETIC LIGHTING INC 1,748.00 0.00 1,748.00 AP 00394747 10/10/2018 LANDORF, RICHARD 0.00 270.00 270.00 AP 00394748 10/10/2018 LEIVA, TATIANA 723.87 0.00 723.87 AP 00394749 10/10/2018 LIEBERT CASSIDY WHITMORE 35.00 0.00 35.00 AP 00394750 10/10/2018 LIFE ASSIST INC 0.00 1,572.85 1,572.85 AP 00394751 10/10/2018 LIGHTHOUSE, THE 1,774.65 0.00 1,774.65 AP 00394752 10/10/2018 LITTLE BEAR PRODUCTIONS 2,165.00 0.00 2,165.00 AP 00394753 10/10/2018 LONG, TORI 10.31 0.00 10.31 AP 00394756 10/10/2018 LOWES COMPANIES INC. 6,172.35 2,438.34 8,610.69 *** AP 00394757 10/10/2018 LYNN, MATTHEW 56.51 0.00 56.51 AP 00394758 10/10/2018 MAGELLAN ADVISORS LLC 16,500.00 0.00 16,500.00 AP 00394759 10/10/2018 MALAGISI, MARGARET 9.44 0.00 9.44 AP 00394760 10/10/2018 MALNAR, DAVID 18.48 0.00 18.48 AP 00394761 10/10/2018 MARIPOSA LANDSCAPES INC 56,031.25 0.00 56,031.25 AP 00394762 10/10/2018 MARLINK SA INC 0.00 325.48 325.48 AP 00394763 10/10/2018 MATLOCK DESIGN BUILD INC 9,850.00 0.00 9,850.00 AP 00394764 10/10/2018 MC TRUCKING 1,816.30 0.00 1,816.30 AP 00394765 10/10/2018 MCCAININC 693.91 0.00 693.91 AP 00394766 10/10/2018 MCMASTER CARR SUPPLY COMPANY 320.20 0.00 320.20 AP 00394767 10/10/2018 MEZA, PATRICIA 500.00 0.00 500.00 AP 00394768 10/10/2018 MIJAC ALARM COMPANY 3,288.00 0.00 3,288.00 AP 00394769 10/10/2018 MYERS TIRE SUPPLY COMPANY 120.90 0.00 120.90 AP 00394770 10/10/2018 NATIONAL CNG & FLEET SERVICE 3,492.75 0.00 3,492.75 AP 00394771 10/10/2018 NATIONAL DATA & SURVEYING SERVICES 165.00 0.00 165.00 AP 00394772 10/10/2018 NEWCOMB ANDERSON MCCORMICK INC 5,600.00 0.00 5,600.00 AP 00394773 10/10/2018 NUNEZ, LUCY ALVAREZ- 16.82 0.00 16.82 AP 00394774 10/10/2018 ONTARIO WINNELSON CO 35.27 0.00 35.27 AP 00394775 10/10/2018 PARMA 150.00 0.00 150.00 AP 00394776 10/10/2018 PETES ROAD SERVICE INC 1,031.99 0.00 1,031.99 AP 00394777 10/10/2018 PH&S PRODUCTS LLC 0.00 2,180.00 2,180.00 AP 00394778 10/10/2018 PIONEER MANUFACTURING 78.52 0.00 78.52 AP 00394779 10/10/2018 PIP PRINTING 165.94 0.00 165.94 AP 00394780 10/10/2018 PRE -PAID LEGAL SERVICES INC 66.98 0.00 66.98 AP 00394781 10/10/2018 LOONEY, QIANTEH 225.00 0.00 225.00 AP 00394782 10/10/2018 QUICK LANE TIRE & AUTO CENTER 149.61 0.00 149.61 AP 00394783 10/10/2018 RANCHO CUCAMONGA QUAKES 225.00 0.00 225.00 AP 00394784 10/10/2018 RANCHO SMOG CENTER 399.50 0.00 399.50 AP 00394785 10/10/2018 RAYMOND HANDLING SOLUTIONS INC 0.00 1,568.16 1,568.16 AP 00394786 10/10/2018 RBM LOCK AND KEY SERVICE 106.35 0.00 106.35 AP 00394787 10/10/2018 REGENCY ENTERPRISES INC 26.94 0.00 26.94 AP 00394788 10/10/2018 RETAIL MARKETING SERVICES INC. 120.00 0.00 120.00 AP 00394789 10/10/2018 RODAS' AUTO REPAIR 1,610.52 0.00 1,610.52 AP 00394790 10/10/2018 RODRIGUEZ, EUGENIO 210.00 0.00 210.00 AP 00394791 10/10/2018 ROYAL INDUSTRIAL SOLUTIONS CITY OF INDUSTRY 602.82 0.00 602.82 AP 00394792 10/10/2018 S.B. COUNTY SERVICE 515.61 0.00 515.61 AP 00394793 10/10/2018 SAFE SOFTWARE INC 6,700.00 0.00 6,700.00 AP 00394794 10/10/2018 SAFE -ENTRY TECHNICAL INC 0.00 375.00 375.00 User: VLOPEZ - VERONICA LOPEZ Page: 3 Current Date: 10/23/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 14:44:21 Page 29 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 10/9/2018 through 10/22/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00394795 10/10/2018 SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT 3,000.00 0.00 3,000.00 AP 00394796 10/10/2018 SAN BERNARDINO CTY FIRE PROTECTION DISTRICT 58,502.01 0.00 58,502.01 AP 00394797 10/10/2018 SBPEA 1,587.48 0.00 1,587.48 AP 00394798 10/10/2018 SC FUELS 25,652.16 0.00 25,652.16 AP 00394799 10/10/2018 SC FUELS 3,259.87 8,790.24 12,050.11 *** AP 00394800 10/10/2018 SHERIFFS COURT SERVICES 568.23 0.00 568.23 AP 00394801 10/10/2018 SHERIFFS COURT SERVICES 142.38 0.00 142.38 AP 00394802 10/10/2018 SHRED PROS 124.00 0.00 124.00 AP 00394803 10/10/2018 SIGN SHOP, THE 66.81 0.00 66.81 AP 00394804 10/10/2018 SILVER & WRIGHT LLP 20,948.63 0.00 20,948.63 AP 00394805 10/10/2018 SO CALIF GAS COMPANY 1,696.38 0.00 1,696.38 AP 00394806 10/10/2018 SOCIAL VOCATIONAL SERVICES 7,468.00 0.00 7,468.00 AP 00394807 10/10/2018 SOUTH COAST AQMD 252.05 2,131.26 2,383.31 *** AP 00394812 10/10/2018 SOUTHERN CALIFORNIA EDISON 39,532.09 2,003.05 41,535.14 *** AP 00394813 10/10/2018 SOUTHERN CALIFORNIA EDISON 48.11 0.00 48.11 AP 00394814 10/10/2018 SPRINT 0.00 121.95 121.95 AP 00394815 10/10/2018 STERLING COFFEE SERVICE 0.00 185.95 185.95 AP 00394816 10/10/2018 STORAGE CONTAINER.COM 425.90 0.00 425.90 AP 00394817 10/10/2018 STOTZ EQUIPMENT 505.05 0.00 505.05 AP 00394818 10/10/2018 SWIFTY SIGN 0.00 320.00 320.00 AP 00394819 10/10/2018 SYSTEMS SOURCE INC 4,941.84 0.00 4,941.84 AP 00394820 10/10/2018 TEXAS STATE UNIVERSITY-ALERRT 1,000.00 0.00 1,000.00 AP 00394821 10/10/2018 THE COUNSELING TEAM INTERNATIONAL 437.50 0.00 437.50 AP 00394822 10/10/2018 THOMPSON PLUMBING SUPPLY INC 10.43 0.00 10.43 AP 00394823 10/10/2018 TIREHUB LLC 1,408.44 0.00 1,408.44 AP 00394824 10/10/2018 TORO TOWING 300.00 0.00 300.00 AP 00394825 10/10/2018 UNITED PACIFIC SERVICES INC 44,935.00 0.00 44,935.00 AP 00394826 10/10/2018 UNITED RENTALS NORTH AMERICA INC 269.27 0.00 269.27 AP 00394827 10/10/2018 UNITED WAY 93.00 0.00 93.00 AP 00394828 10/10/2018 UPLAND AUTO TRIM 235.00 0.00 235.00 AP 00394829 10/10/2018 UPS 95.43 0.00 95.43 AP 00394830 10/10/2018 UTILIQUEST 8,704.52 0.00 8,704.52 AP 00394831 10/10/2018 VAN SCOYOC ASSOCIATES INC 4,000.00 0.00 4,000.00 AP 00394832 10/10/2018 VCLOUD TECH INC 16,111.56 0.00 16,111.56 AP 00394833 10/10/2018 VELARDE, HOPE 25.90 0.00 25.90 AP 00394834 10/10/2018 VICTOR MEDICAL COMPANY 11,767.07 0.00 11,767.07 AP 00394835 10/10/2018 VIVERAE INC 1,150.00 0.00 1,150.00 AP 00394836 10/10/2018 VORTEX INDUSTRIES INC 0.00 695.00 695.00 AP 00394837 10/10/2018 WAXIE SANITARY SUPPLY 1,935.27 0.00 1,935.27 AP 00394838 10/10/2018 WESTERN UNIVERSITY OF HEALTH SCIENCE 500.00 0.00 500.00 AP 00394839 10/10/2018 WESTERN UNIVERSITY OF HEALTH SCIENCE 400.00 0.00 400.00 AP 00394840 10/10/2018 WHITE HOUSE PHOTO INC 875.00 0.00 875.00 AP 00394841 10/10/2018 WILBUR-ELLIS COMPANY 1,822.05 0.00 1,822.05 AP 00394842 10/10/2018 WORD MILL PUBLISHING 1,200.00 0.00 1,200.00 AP 00394843 10/10/2018 ZOETIS US LLC 116.65 0.00 116.65 AP 00394844 10/11/2018 ABC LOCKSMITHS 255.58 0.00 255.58 AP 00394847 10/11/2018 BRODART BOOKS 6,172.00 0.00 6,172.00 User: VLOPEZ - VERONICA LOPEZ Page: 4 Current Date: 10/23/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 14:44:21 Page 30 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 10/9/2018 through 10/22/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00394848 10/11/2018 CARQUEST AUTO PARTS 823.34 0.00 823.34 AP 00394849 10/11/2018 CITRUS MOTORS ONTARIO INC 1,742.23 0.00 1,742.23 AP 00394850 10/11/2018 DEMCOINC 52.69 0.00 52.69 AP 00394851 10/11/2018 DUMBELL MAN FITNESS EQUIPMENT, THE 0.00 962.59 962.59 AP 00394852 10/11/2018 DUNN EDWARDS CORPORATION 274.84 0.00 274.84 AP 00394853 10/11/2018 EMCOR SERVICE 9,235.00 0.00 9,235.00 AP 00394854 10/11/2018 EWING IRRIGATION PRODUCTS 1,184.38 0.00 1,184.38 AP 00394855 10/11/2018 HENRY SCHEIN ANIMAL HEALTH SUPPLY 352.53 0.00 352.53 AP 00394856 10/11/2018 HOLLIDAY ROCK CO INC 12,497.77 0.00 12,497.77 AP 00394857 10/11/2018 HOSE MAN INC 240.95 0.00 240.95 AP 00394858 10/11/2018 INLAND VALLEY DAILY BULLETIN 4,121.00 0.00 4,121.00 AP 00394859 10/11/2018 INLAND VALLEY DAILY BULLETIN 1,835.00 0.00 1,835.00 AP 00394860 10/11/2018 INTERSTATE BATTERIES 616.86 0.00 616.86 AP 00394861 10/11/2018 MINUTEMAN PRESS 343.72 0.00 343.72 AP 00394863 10/11/2018 OFFICE DEPOT 5,598.27 0.00 5,598.27 AP 00394864 10/11/2018 OVERDRIVE INC 1,154.34 0.00 1,154.34 AP 00394865 10/11/2018 PSA PRINT GROUP 88.36 0.00 88.36 AP 00394866 10/11/2018 SAFETY CENTER INC 2,900.00 0.00 2,900.00 AP 00394867 10/11/2018 SIEMENS INDUSTRY INC 57,418.73 0.00 57,418.73 AP 00394868 10/11/2018 SITEONE LANDSCAPE SUPPLY LLC 1,537.64 0.00 1,537.64 AP 00394869 10/11/2018 SUNRISE FORD 415.26 0.00 415.26 AP 00394870 10/15/2018 CALIFORNIA DIVISION OF THE STATE ARCHITECT 1,182.20 0.00 1,182.20 AP 00394871 10/17/2018 ACEY DECY EQUIPMENT INC. 226.69 0.00 226.69 AP 00394872 10/17/2018 ADVANCED CHEMICAL TRANSPORT 1,376.50 0.00 1,376.50 AP 00394873 10/17/2018 ADVANCED OFFICE 122.46 0.00 122.46 AP 00394874 10/17/2018 AGUILAR, ARIANA 50.00 0.00 50.00 AP 00394875 10/17/2018 ALBA, CANDACE 72.00 0.00 72.00 AP 00394876 10/17/2018 ALBERT A. WEBB 2,847.40 0.00 2,847.40 AP 00394877 10/17/2018 ALL AMERICAN ASPHALT 65,888.01 0.00 65,888.01 AP 00394878 10/17/2018 ALLIANT INSURANCE SERVICES INC. 11,209.00 0.00 11,209.00 AP 00394879 10/17/2018 ALLSTAR FIRE EQUIPMENT INC 0.00 1,280.07 1,280.07 AP 00394880 10/17/2018 ALTA VISTA MOBILE HOME PARK 800.00 0.00 800.00 AP 00394881 10/17/2018 AMERICAN SCALE CO INC 0.00 522.93 522.93 AP 00394882 10/17/2018 ARROW INTERNATIONAL 0.00 1,503.65 1,503.65 AP 00394883 10/17/2018 ASSI SECURITY 0.00 4,550.00 4,550.00 AP 00394884 10/17/2018 AVENDANO, KATRENA 43.58 0.00 43.58 AP 00394885 10/17/2018 BC TRAFFIC SPECIALISTS 0.00 12,549.64 12,549.64 AP 00394886 10/17/2018 BEDAZZLE MY EVENTS 2,176.00 0.00 2,176.00 AP 00394887 10/17/2018 BELTRAN, OSBALDO ALVARADO 459.00 0.00 459.00 AP 00394888 10/17/2018 BIG AL'S 2,942.00 0.00 2,942.00 AP 00394889 10/17/2018 BIG MIKE'S BARBERSHOP #2 54.25 0.00 54.25 AP 00394890 10/17/2018 BOLTON, HEATHER 50.00 0.00 50.00 AP 00394891 10/17/2018 BRYAN CAVE LEIGHTON PAISNER LLP 180.00 0.00 180.00 AP 00394892 10/17/2018 BSN SPORTS LLC 749.91 0.00 749.91 AP 00394894 10/17/2018 C V W D 59,712.63 55.20 59,767.83 *** AP 00394895 10/17/2018 CAL POLY POMONA FOUNDATION 850.00 0.00 850.00 AP 00394896 10/17/2018 CASTILLO, MARIA 100.00 0.00 100.00 User: VLOPEZ - VERONICA LOPEZ Page: 5 Current Date: 10/23/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 14:44:21 Page 31 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 10/9/2018 through 10/22/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00394897 10/17/2018 CDW GOVERNMENT INC. 4,999.60 0.00 4,999.60 AP 00394898 10/17/2018 CHAMBERLIN, ZABRINA 59.14 0.00 59.14 AP 00394899 10/17/2018 CINTAS CORPORATION #150 0.00 163.14 163.14 AP 00394900 10/17/2018 CITY CLERKS ASSOCIATION OF CALIFORNIA 400.00 0.00 400.00 AP 00394901 10/17/2018 CIVIC SOLUTIONS INC 7,125.00 0.00 7,125.00 AP 00394902 10/17/2018 COMMUNITY BANK 3,467.79 0.00 3,467.79 AP 00394903 10/17/2018 COOK, JANA 79.59 0.00 79.59 AP 00394904 10/17/2018 CORELOGIC SOLUTIONS LLC 257.50 0.00 257.50 AP 00394905 10/17/2018 COX, ELISA 28.62 0.00 28.62 AP 00394906 10/17/2018 DAISY 1,326.23 0.00 1,326.23 AP 00394907 10/17/2018 DANCE TERRIFIC 2,104.20 0.00 2,104.20 AP 00394908 10/17/2018 DEPARTMENT OF JUSTICE 2,112.00 0.00 2,112.00 AP 00394909 10/17/2018 DEPENDABLE COMPANY INC. 23.75 0.00 23.75 AP 00394910 10/17/2018 DIRECTV 244.23 0.00 244.23 AP 00394911 10/17/2018 EDWARD PROFESSIONAL ADVISORS 900.00 0.00 900.00 AP 00394912 10/17/2018 EMBROIDME 705.59 0.00 705.59 AP 00394913 10/17/2018 ENLIGHTENED LEARNING CLUB 250.00 0.00 250.00 AP 00394914 10/17/2018 ERICKSON HALL CONSTRUCTION 0.00 7,770.00 7,770.00 AP 00394915 10/17/2018 FIRST CLASS HEATING & AIR 600.00 0.00 600.00 AP 00394916 10/17/2018 FIRST CLASS HEATING & AIR 3,200.00 0.00 3,200.00 AP 00394917 10/17/2018 FLOATASIA PARADE FLOAT COMPANY 11,400.00 0.00 11,400.00 AP 00394918 10/17/2018 FRONTIER COMM 645.51 217.49 863.00 *** AP 00394919 10/17/2018 GABEL & SHUBERT INC. 290.47 0.00 290.47 AP 00394920 10/17/2018 GEOGRAPHICS 1,508.36 0.00 1,508.36 AP 00394921 10/17/2018 GOVERNMENT TAX SEMINARS LLC 1,185.00 0.00 1,185.00 AP 00394922 10/17/2018 GRAINGER 86.39 0.00 86.39 AP 00394923 10/17/2018 GRAPHICS FACTORY INC. 426.69 0.00 426.69 AP 00394924 10/17/2018 GUYAN, CAITLIN 750.00 0.00 750.00 AP 00394925 10/17/2018 HERITAGE EDUCATION GROUP 973.00 0.00 973.00 AP 00394926 10/17/2018 HOLLOWAY, JACK 0.00 271.50 271.50 AP 00394927 10/17/2018 HUGHES, CHRIS 192.73 0.00 192.73 AP 00394928 10/17/2018 HUMANITY CENTER4CHANGE 600.00 0.00 600.00 AP 00394929 10/17/2018 IDEXX DISTRIBUTION INC 10,938.28 0.00 10,938.28 AP 00394930 10/17/2018 INDERWIESCHE, MATT 834.00 0.00 834.00 AP 00394931 10/17/2018 INLAND VALLEY EMERGENCY PET CLINIC 871.00 0.00 871.00 AP 00394932 10/17/2018 INTELESYS ONE INC 1,991.23 0.00 1,991.23 AP 00394933 10/17/2018 KENDRENA, DONNA 138.51 0.00 138.51 AP 00394934 10/17/2018 KHULLAR, REENA 26.67 0.00 26.67 AP 00394935 10/17/2018 KINDRED CORPORATION 4,936.63 0.00 4,936.63 AP 00394936 10/17/2018 KINETIC LIGHTING INC 225.00 0.00 225.00 AP 00394937 10/17/2018 LANCE SOLL AND LUNGHARD 18,200.00 450.00 18,650.00 *** AP 00394938 10/17/2018 LEIGHTON CONSULTING INC 7,501.40 0.00 7,501.40 AP 00394939 10/17/2018 LENOVO (UNITED STATES) INC. 3,575.75 0.00 3,575.75 AP 00394940 10/17/2018 LIFE ASSIST INC 0.00 981.94 981.94 AP 00394941 10/17/2018 LIVE OAK DOG OBEDIENCE 468.00 0.00 468.00 AP 00394942 10/17/2018 LOONEY, QIANTEH 225.00 0.00 225.00 AP 00394943 10/17/2018 LOPEZ, ANGEL 200.00 0.00 200.00 User: VLOPEZ - VERONICA LOPEZ Page: 6 Current Date: 10/23/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 14:44:21 Page 32 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 10/9/2018 through 10/22/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00394944 10/17/2018 MAIN STREET EXPERIENCES 200.00 0.00 200.00 AP 00394945 10/17/2018 MARRUFO, JOANNA 60.42 0.00 60.42 AP 00394946 10/17/2018 MARSHALL, FELICIA 84.63 0.00 84.63 AP 00394947 10/17/2018 MARTIN AND CHAPMAN CO 25.99 0.00 25.99 AP 00394948 10/17/2018 MARTINEZ, ALEC 3,813.77 0.00 3,813.77 AP 00394949 10/17/2018 MATLOCK DESIGN BUILD INC 920.00 0.00 920.00 AP 00394950 10/17/2018 MAXWELL, ANTHONY 27.00 0.00 27.00 AP 00394951 10/17/2018 MAXWELL, MICHELLE 9.00 0.00 9.00 AP 00394952 10/17/2018 MEDLEY FIRE PROTECTION INC 0.00 340.00 340.00 AP 00394953 10/17/2018 MIDWEST TAPE 609.36 0.00 609.36 AP 00394954 10/17/2018 MORAN, CASSANDRA 25.89 0.00 25.89 AP 00394955 10/17/2018 MOTOPORT 6,608.26 0.00 6,608.26 AP 00394956 10/17/2018 MOUNTAIN VIEW EM PHYS MEDICAL GROUP INC 0.00 315.00 315.00 AP 00394957 10/17/2018 MUNSON, MICHELLE 85.78 0.00 85.78 AP 00394958 10/17/2018 MURADIAN, LESLIE 400.00 0.00 400.00 AP 00394959 10/17/2018 MUSICLAND 924.00 0.00 924.00 AP 00394960 10/17/2018 MUTUAL PROPANE 0.00 20.00 20.00 AP 00394961 10/17/2018 NEW COLOR SCREEN PRINTING & EMBROIDERY 21.55 0.00 21.55 AP 00394962 10/17/2018 NEWSBANK INC 7,808.00 0.00 7,808.00 AP 00394963 10/17/2018 NGUYEN, THANH 98.00 0.00 98.00 AP 00394964 10/17/2018 NICHOLAS E ROSE MEDICAL CONSULTING INC 981.25 0.00 981.25 AP 00394965 10/17/2018 NINYO & MOORE 9,669.50 0.00 9,669.50 AP 00394966 10/17/2018 OCCUPATIONAL HEALTH CTRS OF CA 0.00 52.50 52.50 AP 00394967 10/17/2018 OCLC INC 57.47 0.00 57.47 AP 00394968 10/17/2018 ONWARD ENGINEERING 15,455.00 0.00 15,455.00 AP 00394969 10/17/2018 PACIFIC YOUTH SPORTS 2,040.00 0.00 2,040.00 AP 00394970 10/17/2018 PALACIOS, JENNIFER 74.94 0.00 74.94 AP 00394971 10/17/2018 PH&S PRODUCTS LLC 0.00 1,744.00 1,744.00 AP 00394972 10/17/2018 R AND R AUTOMOTIVE 1,725.50 0.00 1,725.50 AP 00394973 10/17/2018 RAYMOND HANDLING SOLUTIONS INC 0.00 4,000.00 4,000.00 AP 00394974 10/17/2018 RBM LOCK AND KEY SERVICE 48.49 0.00 48.49 AP 00394975 10/17/2018 RICHARD WIGHTMAN CONSTRUCTION INC 700.00 0.00 700.00 AP 00394976 10/17/2018 RICHARDS WATSON AND GERSHON 44,271.30 274.84 44,546.14 *** AP 00394977 10/17/2018 SALAZAR, SANDRA 108.21 0.00 108.21 AP 00394978 10/17/2018 SAN BERNARDINO COUNTY TRANSPORTATION 0.00 454.73 454.73 AP 00394979 10/17/2018 SAN BERNARDINO COUNTY SHERIFFS DEPT 3,330.86 0.00 3,330.86 AP 00394980 10/17/2018 SAN BERNARDINO COUNTY 107.00 0.00 107.00 AP 00394981 10/17/2018 SANDONA, BRIAN 33.00 0.00 33.00 AP 00394982 10/17/2018 SIGN SHOP, THE 0.00 39.20 39.20 AP 00394983 10/17/2018 SO CALIF GAS COMPANY 0.00 71.99 71.99 AP 00394984 10/17/2018 SOCAL OFFICE TECHNOLOGIES 935.82 0.00 935.82 AP 00394985 10/17/2018 SOCIAL IMPACT ARTISTS - TSIA, THE 2,000.00 0.00 2,000.00 AP 00394990 10/17/2018 SOUTHERN CALIFORNIA EDISON 18,625.67 0.00 18,625.67 AP 00394991 10/17/2018 SOUTHERN CALIFORNIA EDISON 380.45 0.00 380.45 AP 00394992 10/17/2018 STERLING COFFEE SERVICE 533.98 0.00 533.98 AP 00394993 10/17/2018 SUNRIDGE ALTA LOMA 883.03 0.00 883.03 AP 00394994 10/17/2018 SWIFTY SIGN 0.00 100.00 100.00 User: VLOPEZ - VERONICA LOPEZ Page: 7 Current Date: 10/23/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 14:44:21 Page 33 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 10/9/2018 through 10/22/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00394995 10/17/2018 T S R CONSTRUCTION & INSPECTION 41,486.50 0.00 41,486.50 AP 00394996 10/17/2018 TERRAZAS, TERESA 59.14 0.00 59.14 AP 00394997 10/17/2018 THEATRICAL LIGHTING & SCENIC SERVICES LLC 300.00 0.00 300.00 AP 00394998 10/17/2018 TORGA ELECTRIC 61,104.00 0.00 61,104.00 AP 00394999 10/17/2018 U S LEGAL SUPPORT INC 555.00 0.00 555.00 AP 00395000 10/17/2018 U.S. BANK PARS ACCT #6746022500 1,425.68 0.00 1,425.68 AP 00395001 10/17/2018 U.S. BANK PARS ACCT #6746022500 1,425.68 0.00 1,425.68 AP 00395002 10/17/2018 U.S. BANK PARS ACCT #6746022500 16,597.85 0.00 16,597.85 AP 00395003 10/17/2018 U.S. BANK PARS ACCT #6746022500 23,161.03 0.00 23,161.03 AP 00395004 10/17/2018 U.S. BANK PARS ACCT #6745033700 6,605.00 0.00 6,605.00 AP 00395005 10/17/2018 UNIVERSAL MARTIAL ARTS CENTERS 640.50 0.00 640.50 AP 00395006 10/17/2018 UPS 45.69 0.00 45.69 AP 00395007 10/17/2018 UTILITY FINANCIAL SOLUTIONS 10,765.00 0.00 10,765.00 AP 00395008 10/17/2018 VARGAS AND RAMIREZ SPORTS 2,107.37 0.00 2,107.37 AP 00395009 10/17/2018 VERIZON 20.36 0.00 20.36 AP 00395010 10/17/2018 VERIZON WIRELESS - LA 202.46 0.00 202.46 AP 00395011 10/17/2018 VERIZON WIRELESS - LA 5,223.33 0.00 5,223.33 AP 00395012 10/17/2018 VIGILANT SOLUTIONS 20,520.00 0.00 20,520.00 AP 00395013 10/17/2018 VIRTUAL PROJECT MANAGER INC 500.00 0.00 500.00 AP 00395014 10/17/2018 VITAGREEN INTERNATIONAL 585.88 0.00 585.88 AP 00395015 10/17/2018 WAXIE SANITARY SUPPLY 830.11 851.27 1,681.38 *** AP 00395016 10/17/2018 WELLS, JUDITH 76.30 0.00 76.30 AP 00395017 10/17/2018 WENGER, JEFF 0.00 135.57 135.57 AP 00395018 10/17/2018 WESTERN UNIVERSITY OF HEALTH SCIENCE 1,020.00 0.00 1,020.00 AP 00395019 10/17/2018 XEROX FINANCIAL SERVICES 298.38 0.00 298.38 AP 00395020 10/17/2018 YAMADA ENTERPRISES 38,286.97 0.00 38,286.97 AP 00395021 10/18/2018 ABC LOCKSMITHS 1,385.53 0.00 1,385.53 AP 00395022 10/18/2018 AIRGAS USA LLC 0.00 301.75 301.75 AP 00395023 10/18/2018 B AND K ELECTRIC WHOLESALE 304.76 0.00 304.76 AP 00395024 10/18/2018 CARQUEST AUTO PARTS 0.00 63.00 63.00 AP 00395025 10/18/2018 CITRUS MOTORS ONTARIO INC 0.00 72.08 72.08 AP 00395026 10/18/2018 DUMBELL MAN FITNESS EQUIPMENT, THE 915.95 0.00 915.95 AP 00395027 10/18/2018 DUNN EDWARDS CORPORATION 81.80 0.00 81.80 AP 00395028 10/18/2018 FORD OF UPLAND INC 2,827.69 0.00 2,827.69 AP 00395029 10/18/2018 HOLLIDAY ROCK CO INC 11,560.82 0.00 11,560.82 AP 00395030 10/18/2018 HOSE MAN INC 966.31 0.00 966.31 AP 00395031 10/18/2018 KME FIRE APPARATUS 0.00 404.79 404.79 AP 00395032 10/18/2018 MCFADDEN DALE HARDWARE 154.58 0.00 154.58 AP 00395033 10/18/2018 OFFICE DEPOT 5,496.25 0.00 5,496.25 AP 00395034 10/18/2018 PSA PRINT GROUP 38.79 77.58 116.37 *** AP 00395035 10/18/2018 SITEONE LANDSCAPE SUPPLY LLC 1,048.52 0.00 1,048.52 User: VLOPEZ - VERONICA LOPEZ Page: 8 Current Date: 10/23/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 14:44:21 Page 34 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 10/9/2018 through 10/22/2018 Check No. Check Date Vendor Name Citv Fire Amount Total City: $1,690,033.19 Total Fire: $82,768.66 Grand Total: . Note: *** Check Number includes both City and Fire District expenditures User: VLOPEZ - VERONICA LOPEZ Page: 9 Current Date: 10/23/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 14:44:21 Page 35 •�1 DATE: November 7, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Natalie Avila, Associate Engineer SUBJECT: CONSIDERATION OF AN APPROPRIATION IN THE AMOUNT OF $125,000 FROM THE UTILITY UNDERGROUND FUND (FUND 129) FOR THE ARROW ROUTE RULE 20 UTILITY UNDERGROUND PROJECT. RECOMMENDATION: Staff recommends that the City Council authorize an appropriation in the amount of $125,000 from the Utility Underground Fund (Fund 129) Fund Balance for the Arrow Route Rule 20 Utility Underground Project to cover costs related to undergrounding of facilities owned by Charter Communications and inspection services associated with the project. BACKGROUND: On October 19, 2011, the City Council approved Resolution No. 11-170, forming Underground Utility District No. 2011-02 along Arrow Route from Bear Gulch Place to Archibald Avenue. Since that time, the City has been working with Southern California Edison (SCE), Charter Communications, and Frontier to underground the overhead utilities along the north side of Arrow Route from Bear Gulch Park to west of Archibald Avenue. Construction of undergrounding projects typically involves coordination of planning and construction activities between the City and the utility companies. For this project, the City was responsible for constructing underground conduit, related structures, and the installation of streetlights. On February 21, 2018, the City Council accepted the completion of the City's portion of the work. ANALYSIS: Funding for undergrounding projects falls into two categories, Rule 20A and Rule 20B. Rule 20A is funded from utility rate revenue and allocated to the City on an annual basis by SCE, whereas Rule 20B is funded by the local agency. This project consists of two parts, each funded through one of these two programs. For the Rule 20B segment of the project, the City is using utility undergrounding funds. The project was budgeted in the Fiscal Years 2016/17 and 2017/18 Capital Improvement Program. Fees were paid to Southern California Edison (SCE) in Fiscal Year 2017/18 for their portion of work in the Rule 20B segment. We have determined that Frontier has no facilities that are being affected in the Rule 20B segment of the project, therefore, no fiscal impact is anticipated. Fees for Charter Communications' work have not been paid since their invoice was not received in time for processing by the end of the fiscal Page 36 year. As a result, the balance that remained in the project account for Charter Communication was returned to the Utility Underground Fund (Fund 129) fund balance. The invoice in the amount of $88,500 is ready to process for payment pending appropriation of funding to the project account for this fiscal year. Further, it is anticipated that additional construction inspection services, estimated at $36,500 will be required during this next phase to complete the project. FISCAL IMPACT: Expenditures for this project are estimated to be as follows: Expenditures: Design Services (Butsko Utility) $5,600 Utility Expenses (SCE) $605,650 I nspection Services (Aufbau) $81,500 Construction Contract (KDC) $292,376 Utility Expenses (Charter) $88,500 Final Estimated Project Cost $1,073,626 Sufficient funds are available in the Utility Underground Fund (Fund 129) fund balance for this work. An appropriation in the amount of $125,000 from the Utility Underground Fund (Fund 129) fund balance into the following project account number is required to cover the anticipated construction costs and inspection services. -------------------------------------T----------------------------------------------------------------------------------------------------, Account No. : Funding Source : Description : Amount 11293035650/1777129-0 Utility Underground Fund Arrow / Bear Gulch to W/O $125,000 -------------------------------------- :_(129) ------------------------------- Archibald COUNCIL GOAL(S) ADDRESSED: The underground utility project will result in the complete removal of the overhead power poles thus improving the appearance along this stretch of Arrow Route, whic Council Goal of enhancing the City's position as the premier community in our region. ATTACHMENTS: Description Vicinity Map utility lines and wood h addresses the City Page 37 Attachment 1 N.T.S. CITY OF RANCHO CUCAMONGA ARROW ROUTE UTILITY UNDERGROUND PROJECT •�1 DATE: November 7, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Trina Valdez, Management Analyst I SUBJECT: CONSIDERATION OF A PROFESSIONAL SERVICES AGREEMENT WITH LAYER 1 COMMUNICATIONS, INC. IN THE AMOUNT OF $67,726 FOR FIBER OPTIC INSIDE PLANT DESIGN AND DC POWER EQUIPMENT. RECOMMENDATION: Staff recommends that the City Council approve and authorize the execution of a Professional Services Agreement with Layer 1 Communications, Inc. in the amount of $67,726 for Fiber Optic Inside Plant Design and DC Power Equipment. BACKGROUND: In 2017, the City Council adopted the City's Fiber Optic Broadband Master Plan. As part of the plan, staff determined the need to install and power a new Data Center with Inside Plant and DC Power Equipment to deliver next -generation fiber -based broadband services. Specifications were provided to the Procurement Division for proposals of the Inside Plant and DC Power Equipment. Procurement prepared and posted a formal Request for Proposal (RFP) #18/19-006 for the Inside Plant and DC Power Equipment to the City's automated procurement system. As a result of this solicitation, all responses were rejected as non-responsive to the RFP. Procurement re -advertised the RFP and no responses were received based on the second request. After analysis of the RFP results, staff contacted multiple vendors and negotiated for the most reasonable cost in accordance with Section 3.08.080 "Formal Bid Procedure" of the Rancho Cucamonga Municipal Code. ANALYSIS: It has been determined that Layer 1 Communications, Inc. is the most qualified vendor with fair and reasonable pricing to complete this project and within the proposed schedule. The vendor works primarily in telecommunications projects and specializes in Inside Plant and DC Power installations. FISCAL IMPACT: Funding is included in the Adopted Fiscal Year 2018/19 Budget from the Fiber Optic Network Fund (Fund 711). Page 39 COUNCIL GOAL(S) ADDRESSED: The implementation of the Fiber Optics Master Plan will enhance the City's position as the premier community in our region. Page 40 •�1 DATE: November 7, 2018 TO: Mayor and Members of the City Council FROM: John Gillison, City Manager INITIATED BY: Ruth Cain, CPPB, Procurement Manager Cheryl Combs, Procurement Technician SUBJECT: CONSIDERATION TO APPROVE THE USE OF THE NATIONAL IPA COOPERATIVE AGREEMENT WITH GRAINGER FOR THE PROCUREMENT OF MISCELLANEOUS TOOLS & MAINTENANCE SUPPLIES AND AUTHORIZE THE USE OF FUTURE RENEWALS AS AWARDED BY NATIONAL IPA, TO BE FUNDED BY VARIOUS ACCOUNT NUMBERS, IN ACCORDANCE WITH THE ADOPTED BUDGET. RECOMMENDATION: Staff recommends the City Council approve the use of the National IPA Cooperative Agreement with Grainger, Contract #141003, awarded by the City of Tucson, Arizona, for the procurement of miscellaneous tools and maintenance supplies and authorize the use of future renewals as awarded by National I PA, to be funded by various account numbers in accordance with the adopted budget. BACKGROUND: Per the City of Rancho Cucamonga's Municipal Code Section 3.08.070, the City may award contracts when the purchase is beneficial to the interest of the City and is from a supplier who has been awarded a specific item or items in a contract resulting from a formal competitive process by another governmental agency. ANALYSIS: The Procurement Division has identified a viable cooperative procurement option with National IPA for miscellaneous tools and maintenance supplies. Staff recommends that City Council authorize the purchase utilizing the National I PA Contract Number #141003 awarded by the City of Tucson, Arizona, for the respective supplies available on the contract. The contract term has an expiration date of December 31, 2019, with options to renew as awarded by National I PA. Staff also recommends authorizing expenditures in accordance with the adopted fiscal year budgets from various citywide accounts. Procurement will continue to review the contracts annually. FISCAL IMPACT: During FY 2017/18 the approximate amount of spend for purchases through Grainger was $63,600. Page 41 There would be no fiscal impact beyond that which has already been budgeted in the FY 2018/19 adopted budget. COUNCIL GOAL(S) ADDRESSED: Continuing to utilize the National I PA Cooperative Agreement to procure items such as miscellaneous tools and maintenance supplies is tied to the Mid and Long Range Planning Council goal. Use of the Agreement effectively manages cost by providing steeper discounts to the City due to the high product volume procured by Citywide Departments as well as other entities that also utilize the Agreement This allows for more accurate budget planning for departments for the term of the Agreement. Page 42 •�1 DATE: November 7, 2018 TO: Mayor and Members of the City Council FROM: John Gillison, City Manager INITIATED BY: Ruth Cain, CPPB, Procurement Manager Cheryl Combs, Procurement Technician SUBJECT: CONSIDERATION TO APPROVE THE USE OF THE US COMMUNITIES CONTRACT AWARDED TO GRAYBAR TO FURNISH ELECTRICAL, LIGHTING, DATA COMMUNICATIONS, SECURITY PRODUCTS AND OTHER RELATED SERVICES AND SOLUTIONS FOR THE REMAINDER OF FISCAL YEAR 2018/2019. RECOMMENDATION: Staff recommends the City Council approve the use of US Communities Contract Number EV2370, awarded to Graybar, to furnish electrical, lighting, data communications, security products, and other related services and solutions for the remainder of Fiscal Year 2018/2019, and authorize staff to utilize future renewals as awarded by US Communities, to be funded by various citywide account numbers in accordance with the adopted Fiscal Year budgets. BACKGROUND: As part of an ongoing review of City operations, the Procurement Division has identified a viable cooperative purchasing option from a US Communities Agreement awarded to Graybar for products and services. Per the City of Rancho Cucamonga's Municipal Code Section 3.08.070, the City may award contracts when the purchase is beneficial to the interest of the City and is from a supplier who has been awarded a specific item or items in a contract resulting from a formal competitive bid process by another governmental agency within the State of California or by the federal government within the last year. Graybar was awarded the contract from US Communities, which allows other agencies to utilize the contract at the same prices and terms and conditions. Staff has reviewed the contract and is satisfied that it meets the City's specification requirements. ANALYSIS: Staff recommends that City Council authorize the purchase of electrical, lighting, data communications, security products, and other related services and solutions for the remainder of the fiscal year from Graybar utilizing the US Communities contract number EV2370, and authorize the use of future renewals as awarded by US Communities, to be funded by various citywide account numbers in accordance with the Page 43 adopted fiscal year budgets. FISCAL IMPACT: No financial impact is anticipated. The costs associated with this contract are contained in the FY 2018-19 budget. COUNCIL GOAL(S) ADDRESSED: Use of the US Communities Contract with Graybar is tied to the Mid and Long Range Planning Council goal by effectively managing cost by providing steeper discounts to the City due to the high product volume procured by Citywide Departments as well as other entities that also utilize the Contract. This allows for more accurate budget planning for departments for the term of the Agreement. Page 44 •�1 DATE: November 7, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillion, City Manager INITIATED BY: Jennifer Hunt Gracia, Community Services Director Ashley Wysocki, Community Services Superintendent SUBJECT: CONSIDERATION OF THE EIGHTH AMENDMENT TO THE LEASE AGREEMENT WITH RANCHO BASEBALL, LLC. RECOMMENDATION: Staff recommends the City Council approve the eighth amendment to the Lease Agreement with Rancho Baseball, LLC. BACKGROUND: I n 1992, Valley Baseball Club, I nc entered into a Lease Agreement with the City of Rancho Cucamonga to lease City -owned property at the Adult Sports Center for the development and operations of the Quakes minor league baseball team. The original agreement was modified on thirteen (13) separate occasions over the first seven (7) years and was scheduled to terminate on September 20, 2002. On August 18, 1999, the City and Valley Baseball Club, Inc. approved an Amended and Restated Lease, extending the period of the lease through September 30, 2012. That lease agreement was modified six (6) times. On July 15, 2009 the City Council approved an Assignment and Assumption of Lease and Consent to Lease Agreement between Valley Baseball Club, Inc., Rancho Baseball LLC and the City, which transferred the current lease agreement to the team's new owners, Rancho Baseball, LLC (Quakes). This lease transfer, scheduled to expire on September 30, 2012, was necessary following the sale of the Quakes business from Valley Baseball Club, Inc. to Rancho Baseball, LLC. In 2011, the Lease Agreement was amended a seventh time to cover a period of ten (10) years, with an option to renew the lease for five (5) more years, commencing on October 1, 2021. ANALYSIS: I n 2018, Rancho Baseball, LLC. submitted a request to the City to display a banner viewable from the public right away. Current lease language does not allow for banners to be viewable from the public right away and identifies specific locations where banners and advertising can be displayed inside the facility. Section 10 of the current amendment has been revised to allow for the consideration of non -advertising Page 45 signs in the areas and locations displayed by Exhibit A, subject to prior written consent of the City Manager or his/her designee. The Quakes will be responsible for all installation costs. Upon the expiration or early termination of the Lease, at the City's direction, the Quakes will be financially responsible for removing all signs and banners and restoring and repairing any areas affected by the removal. FISCAL IMPACT: Additional revenue may be collected due to advertising the success of the Quakes' organization. The City will not incur any costs for the installation and/or removal of the banners. COUNCIL GOAL(S) ADDRESSED: Approving Amendment Number 8 to the Amended and Restated Lease between the City and Quakes will address the City Council Goal of Enhancing Premier Community Status. The Quakes are one of four minor league baseball teams in the Inland Empire and are 2018 Cal League Champions. ATTACHMENTS: Description Rancho Baseball Amendment No 8 to Amended and Restaded Lease 2011 Rancho Baseball Signed Lease Agreement Exhibit A - Quakes 8th Amendment Page 46 AMENDMENT NO. 8 TO AMENDED AND RESTATED LEASE BETWEEN THE CITY OF RANCHO CUCAMONGA ("CITY") AND RANCHO BASEBALL, LLC ("TENANT") A. Recitals. (i) During August, 1999, City and Tenant's predecessor in interest entered into the above -referenced Amended and Restated Lease which has been amended seven times and assigned to Tenant. Said Lease as so amended seven times hereinafter is referred to as "the Lease". (ii) The parties wish to amend Section 10 of the Lease, dealing with signs. B. Amendment No. 7. NOW, THEREFORE, the parties hereto agree as follows: 1. Section 10 of the Lease hereby is amended to read as follows: "10. Advertising; Other Sins. 10.1 Tenant shall have the right to sell, display and maintain advertising on the inside of the Stadium, including, but not limited to, the inside of the outfield fence of the Stadium, scoreboard and concession areas. The advertising of alcoholic beverages shall be permitted under this Amended Lease. In the event that Tenant secures a naming rights sponsor in accordance with the terms of this agreement, City will permit Tenant to install appropriate signage on the outside of the right field scoreboard and at the main stadium entry gates, subject to City design approval. 10.2 Tenant may install non -advertising signs in the area/locations described on Exhibit "A" to Amendment No. 8 to Amended and Restated Lease (which Exhibit is incorporated herein by reference) subject to the prior written consent of the City Manager or his or her designee of the City in his or her sole and absolute discretion. 10.3 Upon the expiration or earlier termination of this Lease, Tenant shall, at City's request and Tenant's cost, remove any signs that City requests be removed and shall promptly and diligently restore/repair the sign areas affected by such removal. This Section shall survive the expiration or earlier termination of this Amended Lease and Tenant shall maintain the insurance required by this Amended Lease during such removal/repair." 2. Other than as expressly amended hereby, the Lease and each and every term and provision thereof shall remain in full force and effect. 11231-0001\2204031v1.doc Page 47 IN WITNESS WHEREOF, the parties hereto have entered into this Amendment No. 8 as of the date stated below as to each such party. CITY OF RANCHO CUCAMONGA By: Dated: , 2018 Mayor Attest: City Clerk Dated: , 2018 RANCHO BASEBALL, LLC -2 11231-0001\2204031v1.doc By: Print Name: Title: Page 48 AMENDED AND RESTATED LEASE BETWEEN CITY OF RANCHO CUCAMONGA AND RANCHO BASEBALL, LLC 11231 -0001'.13 708ox2 a„c Page 49 E TABLE OF CONTENTS Page 1. Stadium.............................................................................................................................1 2. Lease Granted...................................................................................................................1 3. Term of Lease...................................................................................................................2 4. Rent Requirements............................................................................................................2 5. Quality of Operations of Tenant.......................................................................................3 6. Nondiscrimination by Tenant...........................................................................................4 7. Tenant's Rights and Status................................................................................................4 8. Assignment Prohibited......................................................................................................4 9. Subleases. Concessions, Licenses. Contracts...................................................................4 10. Advertising........................................................................................................................5 11. Access to the Stadium.......................................................................................................5 12. Tenant's Capital Improvement Plan .................................................................................7 13. Tenant's Use of the Stadium ........................... :................................................................. 8 14. Parking Lot Rates and Revenues......................................................................................8 15. Indemnification and Hold Harmless.................................................................................8 16. Liability Insurance Coverage............................................................................................9 17. Workers' Compensation Insurance Coverage................................................................10 18. Evidence of Coverage.....................................................................................................10 19. City Not A Bailee............................................................................................................ 11 20. Possessory Interest Tax................................................................................................... 11 21. Compliance with Orders, Ordinances and Laws............................................................. 11 22. Discharge of Claims, Liens, Taxes.................................................................................11 23. Stadium Name and Naming Rights ................................................. ..12 .............................. 24. Staffing and Concessions................................................................................................12 -1- 11231-000Y 1377086vldoc Page 50 -u- 11231-0001`1377086,.2.doc Page 51 TABLE OF CONTENTS (cont) Page 25. Safety and Security.........................................................................................................13 26. Maintenance and Repair.................................................................................................14 27. Alterations.......................................................................................................................15 28. Construction Bond Requirements...................................................................................15 29. Destruction......................................................................................................................16 30. Alcoholic Beverages, Smoking and Fireworks...............................................................16 31. Utilities............................................................................................................................17 32. Scoreboard......................................................................................................................17 33. Name of Team.................................................................................................................17 34. City Luxury Box, Preferred Parking Passes, Seats and Community Events .................. 17 35. Events of Default by Tenant and City's Remedies.........................................................18 36. Events of Default by City and Tenant's Remedies.........................................................20 37. [Intentionally Omitted.]..................................................................................................21 38. Personal Guarantee.........................................................................................................21 39. Arbitration of Disputes.........................................................................................:.........21 40. [Intentionally Omitted.]..................................................................................................22 41. Attorneys' Fees/Legal Costs...........................................................................................22 42. Severability.....................................................................................................................22 43. Captions..........................................................................................................................22 44. Covenant and Conditions................................................................................................22 45. Notice..............................................................................................................................22 46. No Third Party Beneficiaries of Lease............................................................................23 47. Surrender Of Possession.................................................................................................23 -u- 11231-0001`1377086,.2.doc Page 51 AMENDED ANIS RESTATED LEASE THIS AMENDED AND RESTATED LEASE is executed at Rancho Cucamonga, California, this day of 2011 by and between the CITY OF RANCHO CUCAMONGA (hereinafter "City") and RANCHO BASEBALL, LLC, a Washington limited liability company (hereinafter "Tenant"). A. Recitals. (i) City constructed a baseball field, stadium and ancillary parking facilities for use by a Class A baseball team ("the Stadium" hereinafter). (ii) Tenant has purchased from a previous lessee of the Stadium and now owns a franchise to operate a Class A professional baseball team as a member of the California League. (iii) City and a previous lessee entered into a Amended and Restated Lease dated August 18, 1999 (as heretofore amended, hereinafter "Lease") regarding the use of the Stadium, being a portion of a public recreation area (sports complex) owned by the City of Rancho Cucamonga for the purpose of conducting and carrying on a Class A professional baseball franchise thereon and the operation of concession stand activities and other related baseball activities. (iv) The lessee's interest under the lease was assigned to Tenant pursuant to an Assignment and Assumption of Lease and Consent to Lease Agreement dated August 6, 2009. (v) City and Tenant desire to amend, restate and supersede the Lease and do so by approval of this Amended and Restated Lease as of the date when this Amended and Restated Lease (the "Amended Lease") is executed on behalf of City. B. Agreement. NOW, THEREFORE, IT IS MUTUALLY AGREED as follows: Z. Stadium 1.1 City, for and in consideration of the covenants, conditions, agreements and stipulations herein set forth, does hereby lease the Stadium to Tenant. The Stadium includes the playing field, seating areas, press box, luxury suites, team offices, concession facilities, ticket box office, restrooms, souvenir store, locker rooms, parking lots A, B, C, G and F, picnic pavilions and other areas necessary to play a professional baseball game. The location and extent of the Stadium is described and depicted on Exhibit "A" hereto. 2. Lease Granted. 2.1 This Amended Lease is made for the purpose of granting Tenant the nonexclusive use of the Stadium and the exclusive use of the Team Office Space (as defined in Section 11.3). 1331-0001\1377086v2.doc Page 52 However, no other professional or semiprofessional sports team shall be permitted to conduct games at the Stadium during the term of the Amended Lease except with the express written consent of Tenant. This Amended Lease shall supersede the Lease. 2.2 Tenant's use of the Stadium shall be for a Class A baseball team. In the event that Tenant desires to change the team classification to a higher level, Tenant and City will work together in good faith to develop an amendment to this Amended Lease detailing the appropriate revisions to the lease terms and conditions. 3. 'Terni of Lease. 3.1 The term hereof commences on October 1, 2011 and shall terminate on September 30, 2021, unless earlier terminated as hereinafter provided, or extended by exercise of one or both of the options provided herein. Tenant shall be afforded an option to extend the term hereof for five (5) years, commencing on October 1, 2021 and concluding on September 30, 2026. This option must be exercised on or before October 1, 2020 by provision of that exercise in writing to City at the address indicated in this Amended Lease. If Tenant has exercised the option and desires to extend the Amended Lease beyond the completion of the term, including the five (5) year extension, Tenant shall be afforded a second option to extend the term hereof for five (5) years, commencing on October 1, 2026 and concluding on September 30, 2031. This second option must be exercised on or before October 1, 2025 by provision of that exercise in writing to City at the address indicated in this Amended Lease. During the term of any option period, the rent for any calendar year, including any partial calendar year, commencing with calendar year 2022 shall be the amount of the rent paid for the previous calendar year, plus an increase based on the Consumer Price Index, all Urban Consumers, Los Angeles -Riverside -Orange County, all items not to exceed five (5) percent of the rent paid for the previous calendar year. 4. Rent Requirements. Tenant shall pay and provide to City as and for rent for Tenant's use of the Stadium, including the Team Office Space, the following: 4.1 Annual Rent as follows: (i) The amount of $75,000 for calendar year 2012 l t23Q/mb (ii) The amount of $80,000 for calendar year 2013 �1 b 0 q VM (iii) The amount of $85,000 for calendar year 2014 ' ID�VM() (iv) The amount of $90,000 for calendar year 2015 (v) The amount of $95,000 for calendar year 2016 (vi) The amount of $100,000 for calendar year 2017 11331-0001 37-086%2.doe Page 53 (vii) The amount of $105,000 for calendar year 2018 (viii) The amount of $110,000 for calendar year 2019 (ix) The amount of $115,000 for calendar year 2020 (x) The amount of $125,000 for calendar year 2021 4.2 The annual rent shall be paid in five equal installments. An installment shall be due on the first day of April, May, June, July and August of each calendar year during the term hereof. Each payment shall be made at the offices of City's City Manager at 10500 Civic Center Drive, Rancho Cucamonga, California. Each payment shall be made without withhold, abatement, setoff or deduction, except as specifically provided in this Amended Lease. 4.3 Payment of Admission Tax. The parties hereto acknowledge that City has enacted and may amend, modify or repeal an admission tax which is applicable to events which occur at the Stadium, including Tenant's Class A baseball operations. Tenant shall pay to City a 10% admissions tax on all ticket sales, without offset. Should City increase the percentage of said admissions tax, the amount thereof paid by Tenant due to that increased percentage shall be deducted from the rent payable pursuant to Paragraph 4 hereof. Should Tenant pay less than $90,000 in admissions taxes in any calendar year, Tenant shall pay additional rent in an amount equal to the difference between the amount of taxes paid in that calendar year and $90,000. This payment shall be due by the first day of June, July, August, September, October and November of each calendar year, based on actual ticket sales from the two (2) months prior. Any balance due from Tenant to City required to meet the $90,000 annual minimum shall be paid to City by the first day in December of each calendar year for the season just concluded. 4.4 Charges on Past Due payments. A late fee shall be imposed on any rent or other payment not made by Tenant to City within ten (10) days after said payment is due. Said late fee shall be equal to an interest rate of ten percent (10%) per annum of the unpaid rent. 4.5 Remittance Report. All rent and other remittances paid hereunder by Tenant shall be tendered together with a form substantially similar to that attached to this Amended Lease as Exhibit "B", thereby identifying the amounts of rent and other remittances paid by Tenant's checks. 5. Quality of Operations of Tenant. 5.1 In its Class A baseball operations at the Stadium hereunder Tenant shall use its best efforts to maintain the highest degree and standards of quality of products and courteous, polite and inoffensive conduct and demeanor on the part of its representatives, agents, servants and employees. 11231-0c,0•.1377086v2.doc Page 54 5.2 Manager and Responsible Representative. Tenant shall select and appoint its manager and inform City thereof. The manager shall be vested with full power and authority with respect to the conduct of the operations of Tenant at the Stadium. Such manager shall be generally available at his office in the Stadium or by telephone during regular business hours. 5.3 Office Hours. Tenant shall keep its offices at the Stadium open during normal business hours throughout the year. 5.4 Conduct and demeanor of employees, guests, patrons, etc. Tenant shall use reasonable efforts to control the conduct, demeanor and appearance of its officers, agents, employees, representatives, customers, guests, invitees, contractors and others doing business with it upon the Stadium. Tenant shall have employees at the Stadium capable of communicating instructions to persons occupying the Stadium during events provided for in this Amended Lease to reasonably provide safety to those occupants, including, but not limited to, the direction of an evacuation in the event of an emergency. 6. Nondiscrimination by Tenant. 6.1 Tenant shall not discriminate against any person or groups of persons, on account of any basis listed in subdivision (a) or (d) of California Government Code Section 12955 as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955 and Section 12955.2 of said Government Code. 7. Tenant's Itiehts and Status. 7.1 Tenant, its agents, contractors, and employees shall be at all times independent contractors and shall not be considered agents or employees of City. 8. Assic-mment Prohibited. 8.1 The rights and privileges given to Tenant are not assignable in whole or in part or by operation of law and any such attempted assignment shall be invalid and of no legal force or effect. This provision may be waived only with the express written consent of the Council of the City of Rancho Cucamonga, which consent shall not be withheld unreasonably. 9. Subleases. Concessions, Licenses. Contracts. 9.1 The provisions of Paragraph 8 above shall not prohibit Tenant from entering into concessions, licenses or contracts for any portion of its Class A baseball operations conducted on the Stadium. Each concession, license or contract that is entered into by Tenant shall be subject to the provisions of this Amended Lease. A copy of any concession license or contract shall be placed on file with City's City Manager or his designee. -4- 11231-0001 1377086v2.doc Page 55 10. Advertising. 10.1 Tenant shall have the right to sell, display and maintain advertising on the inside of the Stadium, including, but not limited to, the inside of the outfield fence of the Stadium, scoreboard and concession areas. The advertising of alcoholic beverages shall be permitted under this Amended Lease. in the event that Tenant secures a naming rights sponsor in accordance with the terms of this agreement, City will permit Tenant to install appropriate signage on the outside of the right field scoreboard and at the main stadium entry gates, subject to City design approval. 11. Access to the Stadium. 11.1 Tenant shall have full and unimpaired access to the Stadium, other than third floor City office areas and other space used solely by City (e.g., janitorial storage areas, electrical rooms, etc.) at all times between April 1 and September 30 of each calendar year during the term hereof. 11.2 Tenant shall use the Stadium for all of its home games [approximately seventy (70)] plus any home play-off and championship games to be scheduled during the California League Season, commencing in April of each year and ending approximately in mid- September of the same year, plus the necessary days for practice ("the Season"). Tenant shall have the right to play one (1) home game each year at an off-site location. Tenant shall furnish City its schedule of play, practice games and practice for each Season as soon as the playing schedule is established by the California League. City shall forthwith schedule the home games and the times and dates set for practice games and practice in the annual schedule for the Stadium with reserved time for any play-off and championship games. There shall be no practice or baseball game conducted by Tenant at the Stadium on any July 4 during the term hereof. On each such July 4, City and Tenant shall jointly sponsor a fireworks show at the Stadium. Prior to the July 4 event each year, Tenant and City shall work together to plan and promote the upcoming July 4 activity. Tenant shall promote the event through in -game public address announcements, use of Tenant's website, email newsletters, etc. For the actual event on July 4 each year, Tenant shall provide all required seating ushers and all staff necessary to effectively and safely manage the parking operations. Parking shall be provided to event attendees at no charge. Tenant shall work closely with City to jointly plan and conduct a series of on -field recreational activities for event attendees prior to the fireworks. Tenant will provide staff to assist City with the event set-up and clean-up and to operate the video board and camera systems. Tenant shall provide City with access to the box office on July 4 for ticket sales. Tenant shall operate the concession stands during each July 4 event and shall retain all revenues. City shall pay Tenant $.50 for each ticket sold to the July 4 event each year. City shall provide Tenant up to 200 tickets to each such July 4 event for Tenant's employees and management. Both parties agree to work together in the scheduling of stadium field use for specific pre -game and/or post -game activities such as batting practice, youth baseball clinics and other promotional activities. In addition, Tenant shall have the right to schedule team related non-public promotional and/or administrative activities in the Stadium throughout the year 1131-000I`1377086v2.doc Page 56 including, but not limited to, team job fairs, staff training and national anthem singer tryouts provided that the facilities were not previously scheduled for another use by City. City will permit these additional events providing that such additional activities. do not result in an increased cost to City. Tenant shall have the right to use the Stadium for up to three (3) extra events each year, in addition to the game schedule described above. Tenant shall reimburse City for all direct costs incurred by City for these additional events. In addition, Tenant shall have the right to schedule one (1) day of baseball games each year involving baseball teams from high schools within the Chaffey Joint Union High School District. City may schedule other uses or events at the Stadium during the Season, provided that such uses and events shall be scheduled so as to not adversely affect the condition of the Stadium nor conflict or interfere with the practices, home games, playoff or championship games of Tenant. It is the intent of the parties that, to accommodate the Season, Tenant shall have priority for practice, regular season games, play-off and championship games. 11.3 During the term hereof, Tenant shall have the right to the exclusive use, on a year- round basis, of the office space and additional space in the Stadium as described in Exhibit "C" hereto (the "Team Office Space"). Unless the context otherwise requires, various provisions herein which apply to the Stadium shall also apply to the Team Office Space. 11.4 It is understood by both parties that the Stadium, including, but not limited to, the Team Office Space, and press boxes, are tenantable and in good condition. Tenant may, however, remodel and improve the Team Office Space and press boxes. Said remodeling and improvements shall not be deemed to include interior decor and may take place during Tenant's occupancy under this Amended Lease subject to the following conditions: 11.4.1 Prior to any remodeling provided for herein, Tenant shall, at its sole cost and expense, prepare detailed plans and specifications therefore. Such plans and specifications shall be submitted to City for its approval before Tenant undertakes any such construction or remodeling or enters into or awards a contract or contracts therefore. Upon obtaining such approval, Tenant shall forthwith cause the work called for as approved to be commenced and completed with reasonable dispatch. No substantial change, addition or alteration shall be made in the scope of the work as so approved by City without first obtaining its approval in writing. Upon completion of the remodeling, Tenant shall furnish City, without charge, two complete sets of "as built" drawings covering all work done and showing the location and detail of installation of all equipment, utility lines, heating, ventilating, air conditioning ducts and related matters. 11.4.2 All improvements, equipment and interior design and d6cor, constructed or installed by Tenant in the Stadium, as aforesaid. including the plans and specifications therefore, shall conform in all respects to the applicable statutes, ordinances, building codes, rules and regulations of City and any other public authority which has Jurisdiction over the same. The approval above referred to shall not constitute representations or warranties as to such conformity, but responsibility therefore shall at all times remain in Tenant. Tenant, at its sole cost and expense, shall procure, in connection with any contract that it awards or lets, all building, fire, safety and other permits necessary for the construction of the improvements, -6- 11'_31-0001\1377086v?.doe Page 57 installation of the equipment and the interior design and decor. Tenant shall require, by any contract that it awards, or lets, in connection with the improvement, the installation of any and all equipment and the interior designing and decor, that the contractor doing, performing or furnishing the same shall comply with all applicable statutes, ordinances, codes, rules and regulations. 11.4.3 All work done and equipment supplied and installed by Tenant pursuant to this section shall be at its sole cost and expense, including, without limitation, fees and charges for the services of architects, designers, engineers and decorators and including, without limitation, the repair of any damages to the Stadium or any part thereof resulting from such work and installation, and shall be free and clear of liens for labor and material and Tenant shall indemnify, defend and hold City harmless from any liability in respect thereof. Tenant shall discharge any and all of such liens as provided- in paragraph 22 of this Amended Lease. 11.4.4 Upon the completion of remodeling by Tenant provided for herein, including, but not limited to, interior walls, ceilings, floor covering, finished flooring, electrical wiring, water pipes, plumbing, air conditioning ducts and equipment of such nature as cannot be removed without structural damage to the office space, and all interior decoration and finishing erected or installed by Tenant upon said space, title thereto shall vest in City. 11.4.5 City and its authorized representatives shall have the right to enter the Stadium and Team Office Space at all reasonable times for any of the following purposes: 11.4.5.1 To determine whether the Stadium, including Team Office Space, is in good condition and whether Tenant is complying with its obligations under this Amended Lease, Tenant shall be given twenty-four (24) hours' written notice of the intent of City to enter the Stadium for the purposes specified in this paragraph. City further agrees not to enter the Stadium for the purposes specified in this paragraph at such times and in such manner as to unreasonably interfere with Tenant's use of the Stadium, and to otherwise refrain from making an unreasonable number of such entrances. 11.4.5.2 To do any necessary acts, not inconsistent with the provisions of this Amended Lease, including maintenance, and any restoration to the facilities that City has the right or obligation to perform. 12. Tenant's Capital Improvement Plan. Tenant has developed a list of desired Stadium capital improvement projects to the home and visiting team locker rooms, umpires' locker room and batting cages, and has completed some preliminary design work and cost estimates for these future projects. City shall review the list of Stadium improvements proposed by Tenant, and notify Tenant which proposed improvements are approved, or not approved, for further consideration. Tenant desires to proceed with design and construction of these designated facility improvements to be completely funded by Tenant and completed under the terms of this Amended Lease. Tenant agrees to pay City an amount of at least $66,000 for each year of the initial ten (10) year lease period which will be used exclusively for Stadium facility improvements requested by the Tenant, which have been approved in writing in advance by City. Tenant maintains the right to prepay all or a 11231-0001 .377086v2.doe Page 58 portion of this ten (10) year obligation in advance to rapidly facilitate the completion of the home locker room, visitors' locker room, umpires' room and batting cages. City shall not be obligated to provide any funding for these capital improvement projects. City staff will work cooperatively with Tenant to coordinate and supervise the work in a timely manner. 13. Tenant's Use of the Stadium. Tenant shall not use the Stadium, or any part thereof, or permit them to be used for any purpose or purposes other than as specified herein. Tenant shall not do or permit any act or thing to be done upon the Stadium which constitutes a nuisance or which may unreasonably disturb the quiet enjoyment of City or any substantial number of residents of City on adjacent or neighboring property. Tenant further agrees, within seventy-two (72) hours from receiving written notice by the City that a nuisance exists, to abate or otherwise cause said nuisance to be cured. 14. Parkine Lot Rates and Revenues. If so desired by Tenant, Tenant may charge patrons of baseball games conducted by Tenant at the Stadium a sum not to exceed Six Dollars ($6.00) per vehicle. Revenues derived from preferred parking area charges shall be retained by Tenant. Parking fees shall not be charged to participants on the soccer, softball or little league fields or to guests visiting the Animal Center parking in the assigned lots. The Tenant is responsible for all personnel necessary to administer and supervise the collection of all parking charges. Regardless whether or not Tenant charges parking fees for its games, Tenant is responsible for providing the necessary staff and parking passes required to insure that all users of the sports complex park within the designated parking areas during all Tenant game days. The cost of printing the parking passes for City league players and league officials shall be paid for by the Tenant. 15. indemnification and Hold Harmless. Except for City's sole negligence or willful misconduct, Tenant shall defend, indemnify and hold harmless City from and against any and all claims which actually or allegedly arise out of or are related to Tenant's use or occupancy of the Stadium, or which actually or allegedly arise out of or are related to the conduct of Tenant's business or which actually or allegedly arise out of or are related to any activity, work or things done or permitted by Tenant, or its employees, contractors or agents, in or about the Stadium and shall fiirther indemnify and hold harmless City from all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon. City shall not be liable to Tenant for any damage to Tenant's property from any cause, and Tenant waives all claims against City for damage to person or property arising for any reason, except that City shall be liable to Tenant for damage to Tenant's property resulting from the acts or omissions of City or its authorized representatives. 1'_'31-000' 1377086v3.doe Page 59 16. Liability Insurance Coverage. 16.1 Tenant, at Tenant's sole cost and expense, shall maintain through the term of this Amended Lease: 16. 1.1 A policy or policies of Comprehensive Liability insurance with a minimum limit of liability of One Million Dollars ($1,000.000) Combined Single Limit for bodily injury and property damage with a per event aggregate of Three Million Dollars ($3,000,000) and including the following coverages: (a) Stadium Operations Including Alterations (for sports events and stadiums). The only exclusion which City shall accept to this coverage is that which excludes bodily injury to athletic participants only and which in no way excludes spectators. This coverage shall also provide coverage for the continual use of the Team Office Space. (b) Broad Form Contractual Liability. (c) Broad Form Property Damage. (d) Products Liability (for the sale of souvenirs, athletic equipment and for the sale of food and drink). (e) Personal Injury and Coverages a, b and c listed above. (f) In the event Tenant engages or subcontracts any advertising or broadcasting, then a policy of advertising and broadcasters liability insurance shall he provided either by Tenant or by said subcontractor with minimum limits of One Million Dollars ($1,000,000). (g) Open Air Parking (for which a charge is made). (h) Liquor Legal Liability with a minimum limit of One Million Dollars ($1,000,000). (i) Fire Legal Liability with a minimum limit of One Million Dollars ($1,000,000). 0) Vendors' Coverage (provided as an "if any" basis as commonly used in the insurance industry: that is, if there is any exposure to the risk during the policy period). 16.1.2 A policy or policies of Automobile Liability insurance with a minimum limit of liability of One Million Dollars ($1,000,000) Combined Single Limit for bodily injury and property damage with an aggregate minimum limit of liability of Five Million Dollars ($5,000,000) and which includes coverage for non -owned and hired vehicles and which provides Uninsured Motorist coverage according to minimum state requirements . In the event Tenant acquires owned or leased vehicles, then Tenant shall immediately obtain equivalent coverage for such vehicles. -4- 1 1231-0001\1377086v1doe Page 60 16.2 Each policy providing coverage as required by subparagraph 16.1 above must have endorsements providing: 16.2.1 That City, its officers, agents, employees, contractors and invitees are additional insured as respects the use of the facilities. 16.2.2 That the insurance provided by the policy shall be primary insurance as respects any other valid and collectible insurance which City may possess and that any other insurance which City does possess will be considered excess only. 16.2.3 That the policy will act to cover each insured and each additional insured as though a separate policy were written for each. 16.2.4 Tenant shall provide immediate written notice if (1) any of the required insurance policies are terminated, (2) the limits of any of the required policies reduced, or (3) the deductible or self insured retention is increased. 16.3 If Tenant engages another party to provide the operation of refreshment, souvenir and/or other concessions, as permitted hereinabove, such other party shall also cause that party or parties so engaged, at said party's or parties' own cost and expense, to obtain and to keep in force throughout the term of this Amended Lease, a policy or policies of public liability insurance (including products liability coverage) separately providing limits and coverage as aforesaid arising out of each such concessionaire's operations. Before any person other than Tenant operates any refreshment, souvenir or other concession, Tenant shall notify City of the name and business addresses of such concessionaire's policy and or certificates as are herein specified. 17. Workers' Compensation Insurance Coverage. 17.1 Tenant, at Tenant's sole cost and expense, shall provide, pay for and maintain through the term hereof, a policy providing workers' compensation insurance coverage with the statutory limits of liability as set forth by the laws of the State of California. and including not less than One Million Dollars ($1,000,000) Employer's Liability, applicable to employees, agents, and volunteers of Tenant or assignees. 17.2 The policy shall be endorsed to waive the right of subrogation against City. Tenant shall provide immediate written notice if (1) any of the required insurance policies are terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self insurance retention is increased. 18. Evidence of Coverage. 18.1 Except as otherwise provided herein, each policy obtained by Tenant to comply with the provisions of this Amended Lease must have an effective date no later than the commencing date of this Amended Lease and the named insured on each policy must be identical to Tenant herein. Tenant agrees to furnish evidence, acceptable to City, that the insurance requirements of this Amended Lease have been fulfilled. Such evidence is to be placed on file by the Tenant with City's Director of Administrative Services. -1 a- 11231-0001,1377086v?.doe Page 61 18.2 No occupancy or use of the Stadium shall be made by Tenant or its agents, contractors, employees or invitees, under the provisions of this Amended Lease until evidence acceptable to City's Director of Administrative Services that the aforesaid insurance requirements have been fulfilled has been received by the said Director. Each policy, binder or certificate of insurance is subject to the approval of City's Director of Administrative Service as to form and issuing company. Should any of the insurance requirements set forth in this Amended Lease not be fulfilled by Tenant in a manner acceptable to said Director as provided in this Amended Lease, said Director may purchase any or all of the insurance required to correct such deficiencies and the Tenant agrees that the premium incurred therefor shall constitute an additional fee to be paid by Tenant to City upon demand. 18.3 During the first thirty (30) days of coverage of any policy obtained by Tenant to fulfill requirements of this Amended Lease, evidence may be in the form of an insurance binder; provided that any such binder must include language to fulfill the requirements, including endorsement requirements, in addition to the normally accepted items in a binder, such as, but not limited to, coverage, limits of liability, date coverage was effective, expiration date of binder, name of insuring company and signature of authorized company representative. 18.4 As long as their respective insurers so permit, City and Tenant hereby mutually waive their respective rights to recovery against each other for any loss insured by fire, extended coverage, other property insurance policies required under this Amended Lease existing for the benefit of the respective parties. Each party shall obtain any special endorsements, if required by their insurer to evidence compliance with the aforementioned waiver. 19. City Not A Bailee. It is further hereby understood and agreed that City in no way purports to be a bailee hereunder and is in no way responsible for Tenant's lost, stolen or damaged property unless City or any of City's agents take possession of Tenant's. 20. Possessory Interest Tag. Tenant hereby acknowledges that this Amended Lease may create a possessory interest subject to property taxation pursuant to California Revenue and Taxation Code Section 107 and that Tenant may be subject to payment of property taxes levied on such interest, and that such tax payment shall not reduce any monies due to City hereunder and any such tax shall be the liability of and be paid by Tenant. 21. Compliance with Orders, Ordinances and Laws. Tenant shall fully comply with all Federal, State and local laws, statutes and ordinances. 22. Discharge of Claims, Liens, Taxes. Tenant shall discharge or provide for the discharge of all claims which it has authorized or incurred for labor, materials and supplies furnished for or in connection with the Stadium and games and other events produced or presented by Tenant therein and pay all taxes, assessments or other governmental charges lawfully levied or assessed by reason of its use upon or in respect -ll- 11231-0001,1377086d'.doc Page 62 of the Stadium or any part thereof or upon any of the revenues received by Tenant therefrom. Tenant agrees to keep and shall keep the Stadium and Team Office Space free and clear of any mechanic's or materialmen's liens or other liens of any kind or nature for any work done, labor performed, or material famished thereon at the instance or occasion of Tenant; and Tenant further agrees to indemnify and save harmless City and its assignees from and against any and all claims, liens, demands, costs and expenses of whatsoever nature for any such work done, labor performed, or materials furnished. Tenant shall pay all taxes (real, personal or whatever other character) that may be levied or charged upon the rights of Tenant to occupy the Stadium, the luxury boxes and/or the Team Office Space, or upon Tenant's improvements, fixtures, equipment, or the property thereon, or upon Tenant's operations hereunder. Tenant shall also obtain and pay for all other licenses or permits necessary or required by law for the conduct of its operations hereunder. 23. Stadium Name and Naming Rights. The parties acknowledge that the Stadium is referred to by the parties and the general public as the Epicenter and that the previous lessee purported to register the phrase "the Epicenter" under federal statutes. In that regard, City shall have the right, title and license to use the phrase "the Epicenter" in reference to the Stadium in any and all ways and contexts whatsoever without charge or interference by Tenant. Tenant has the right to secure a naming rights sponsorship for the Stadium itself, which will include a re -naming of the stadium. City shall have the right to approve any proposed naming rights agreement, and will not unreasonably withhold such approval. No naming rights agreement will be approved with any alcohol or tobacco business. A naming rights agreement with a casino would be a permitted use by City. Any naming rights conveyed must be in good taste. In the event that a naming rights agreement is approved for the Stadium, Tenant and City agree to utilize the approved new Stadium name. If City approves a naming rights agreement for the stadium, Tenant shall pay the City 50% of any gross revenue from the naming rights agreement exceeding $132,000 (prior to deduction of any expenses) received by Tenant during any year of the naming rights agreement. This amount shall be paid to the City in September of each year for the season just concluding. Tenant shall provide City with full and complete copies of any and all naming rights agreements to insure compliance with this section. Tenant shall be responsible for all costs and completion of all work associated with fulfilling the requirements necessary for the naming rights sponsorship, including but not limited to signage, graphics, marketing and communications relating to the team and within the Stadium. Any tickets distributed as part of a naming rights package shall be recorded as fully paid tickets for which City shall receive the 10% admissions tax. 24. Staffing and Concessions. Tenant shall provide all event personnel, including, without limitation, ticket sellers, ticket takers, ushers, clubhouse matrons, clubhouse janitors, medical persons, switchboard, sound and scoreboard persons, and other supervisory personnel, and all other personnel reasonably -12- 11231-0001 d 377086v2 doc Page 63 necessary for the operation of the Stadium for its Class A baseball games. Tenant shall also provide at each Class A baseball game medical support staff consisting of a minimum of one person who may be a Medical Doctor, a Registered Nurse or a Certified Emergency Medical Technician (EMT). Further, Tenant shall have the right to staff and operate all concessions during all of its Class A baseball games at the Stadium and when the three softball fields adjacent to the Stadium are simultaneously operating, provided that no alcoholic beverages shall be sold to any person located on the exterior of the Stadium. Tenant agrees that organized sports leagues may operate or allow the operation of other concessions on or in proximity to said adjacent fields. For those occasions when City schedules the Stadium for uses other than Tenant's Class A baseball games. Tenant shall have the right of first refusal to operate its concessions for the event prior to City's authorization of concession sales by other organizations. 25. Safety and Security 25.1 Security Guard Service City shall provide security for the Stadium during the following time periods: A. On every weekday from 8:00 p.m. to 3:00 a.m. of the following day: B. On every Saturday and Sunday night from 7:00 p.m. to 3:00 a.m. of the following day; and C. On every Saturday afternoon from noon until 6:00 p.m. In the event of any damage to the facility during times when there is no security guard presence, in which such damage might have reasonably been prevented by the presence of an effective security guard, City and Tenant will meet in good faith to discuss sharing the cost for repair of the damages which are not covered by the City or Tenant's respective insurance coverage. In the case of repeated instances of damage to the facility during these hours, City shall have the right to re -institute all or a portion of the security guard scheduling requirements stated in the original lease, and Tenant shall reassume the responsibility for payment of these services. The parties understand that City may contract with an independent security service to discharge its above -stated obligations. City and Tenant shall confer annually in establishing a security management plan to implement the City's obligation to provide security stated herein. In addition, City shall provide a vehicle and radio transmission capacity on an as -needed basis in providing for the above-described security. In aid of providing security for the Stadium, Tenant shall pay to City $34,150 each year in ten (10) equal installments, payable on or before the first day of each successive month commencing in July in each year. In the event that the City incurs any cost modifications for security guard services during the term of this Amended Lease, Tenant will modify the required payment in an amount proportional to the modified cost. Parties agree that the security guard hours detailed above will not change, unless agreed to in writing by both parties. In the event City decides to eliminate or reduce security guard services, Tenant will increase the rent payment in an amount equal to fifty (50) percent of the cost savings realized by Tenant from the reduced security guard services. -13- 33; -0001.1377086v? doc Page 64 25.2 Game Day Sheriff Department Security Tenant shall be responsible for providing all necessary game day Sheriff Department security for the Stadium and each and every Class A baseball game held at the Stadium. It is anticipated that two (2) Sheriff deputies (one regular deputy and one reserve deputy) shall be required for every game. These deputies will work inside the Stadium, and will not be assigned to the parking areas or traffic control. During each year of the term hereof, Tenant shall pay for actual game day Sheriff costs incurred by the City, in accordance with the terms of this section. Tenant shall make payment within thirty (30) days of receiving an invoice from the City for Sheriff security services. Notwi standing any other term or provision contained in this Section 25, Sheriff security shalle provided in accordance with the above - referenced criteria, and should attendance compel the employment of deputies or supervisor in addition to those referred to above. Tenant shall reimburse City for the cost of providing such additional deputies or supervisors within thirty (30) days of City providing to Tenant a statement reflecting such additional costs. City and Tenant shall confer on an annual basis in establishing a security management plan. 26. Maintenance and Repair. 26.1 Except as specified provided in subparagraph 26.2 below, City shall, at City's sole cost and expense, and at all times keep the Stadium and every part thereof in good order, condition and repair, structural and nonstructural, whether or not such portion of the Stadium requiring repair, or -the means of repairing the same, are reasonably or readily accessible to City and whether or not the need for such repairs occurs as a result of Tenant's use, any prior use, the elements or the age of such portion of the Stadium. Without limiting the generality of the foregoing, maintenance and repair shall include all equipment or facilities serving the Stadium, such as plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, fire sprinkler and/or standpipe and hose or other automatic fire extinguishing system, including fire alarm and/or smoke detection systems and equipment, fire hydrants, fixtures, walls (interior and exterior), foundations, ceilings, roofs, floors, windows, doors, plate glass, skylights, landscaping, driveways, parking lots, fences, retaining walls, signs, sidewalks and parkways located in, on, about, or adjacent to the Stadium. 26.2 Except as specifically provided in subparagraph 26.4 below, City's routine maintenance shall include maintenance of lighting, cleaning of the parking lot, grandstand and bleachers, cleaning public restrooms, landscape maintenance, including playing field maintenance and repairs required for operation of the Stadium such as repair of asphalt surface, irrigation system repairs, plumbing repairs, electrical repairs and painting for cosmetic purposes. In addition, immediately following each game, City shall remove debris from seats, walkways, the playing field and the parking lots. 26.3 Notwithstanding anything to the contrary stated herein, Tenant shall be responsible to repair, at Tenant's sole cost and expense, any damage to the Stadium and/or equipment contained therein caused by Tenant or its officers, agents, licensees, employees or visiting teams. 26.4 Tenant shall perform the following maintenance activities: -14- 11231 -0001\1377086v2.doc 14- 11231-0001\1377086v2.doc Page 65 26.4.1 Immediately following each game, Tenant shall cause to be stored and secured all equipment, laundry items and any and all other materials to be placed in lockers and other service areas. 26.4.2 Tenant shall maintain in operable condition and clean all equipment related to the operation of concessions in the Stadium. This includes the regular cleaning of equipment such as grease filters, exhaust hoods, etc. which require special maintenance due to use of the concession areas by Tenant. 26.4.3 Tenant shall maintain, clean and repair the Team Office Space and the ticket booth. 26.4.4 Tenant shall maintain in operable condition and clean any and all equipment and items of personal property which Tenant owns and uses pursuant to this Amended Lease. 26.4.5 Tenant shall replace the field tarp at its expense with a tarp equal in quality to that in use when this Amended Lease is executed, such replacement to occur when City and Tenant reasonably agree that the same is necessary. 26.4.6 Tenant shall maintain and clean the home team, visiting team and umpire locker rooms during the Tenant's baseball season. Cleaning and maintenance provided by Tenant shall conform to the specific standards described in Exhibit "D" attached hereto. 26.4.7 Tenant shall be responsible for specific Stadium cleanup responsibilities during and following all games conducted by Tenant, including exhibition and special games. These responsibilities include, but are not limited to cleaning food and beverage spills, emptying trash receptacles and depositing waste bags in designated trash bins, picking up and removing all refuse from concessions, cleaning of all public restrooms, stocking of restroom supplies, etc. Cleaning and maintenance provided by Tenant shall conform to the specific standards described in Exhibit "E" attached hereto. 26.4.8 With regards to Tenant's maintenance responsibilities described in sections 26.4.6 and 26.4.7 above, in the event that Tenant does not perform the work in accordance with the required City standards, City reserves the right at its sole discretion to assume responsibility for the work, in which case the annual Base Rent paid to City by Tenant will increase by $18,000 each year. 27. Alterations. 27.1 Except as otherwise specifically provided herein, Tenant shall not make any structural or nonstructural alterations to the Stadium without first obtaining the City's written consent. 28. Construction Bond Requirements. 28.1 In the event that alterations to the Stadium are made by Tenant in excess of One Hundred Thousand Dollars ($100,000) gross cost per alteration, in accordance with the -15- 11231-0001 1377086d_'.doc Page 66 provisions of this Amended Lease, Tenant shall provide such faithful performance bonds, payment bonds and labor and material bonds as City may reasonably demand and the terms and provisions of the construction or maintenance contract to accomplish any such alterations, maintenance or repairs to the facility shall be subject to the reasonable approval of the City Manager or his designee and the City Attorney. 29. Destruction. 29.1 If, during the term of this Amended Lease, the Stadium is totally or partially destroyed from any cause, rendering the facility totally or partially inaccessible orunusable and, if under the existing laws, the restoration can be completed within one hundred eighty180 working days after the date of destruction, City shall restore the facility to substantially the same condition as it was in immediately before destruction, and such destruction shall not terminate this Amended Lease. 29.2 If the restoration cannot be made in the time stated above in subparagraph 29.0 1, then within fifteen (15) days after the parties determine that the restoration cannot be made in said time, Tenant may terminate this Amended Lease immediately by giving notice to City. If Tenant fails to terminate this Amended Lease, City, at its election, may either terminate this Lease, or restore the facility within a reasonable time, in which event this Amended Lease shall continue in full force and effect. 29.3 When such destruction occurs within ninety (90) days of the last day of the then current baseball season, Tenant may conduct the remainder of its home games during that season within some other facility without impairment of any of its rights hereunder and the rent for that season due hereunder shall be equitably adjusted. 29.4 Notwithstanding anything to the contrary above, to the extent that the Stadium (or any portion thereof) is rendered untenantable by such destruction or by City's restoration work under this Section, the Annual Rent and the capital improvement payment provided for under Section 12 of this Amended Lease shall proportionately abate. 30. Alcoholic Beverages, Smoking and Fireworks. 30.1 Attached hereto as Exhibit "F" is a policy controlling the sale and consumption of alcoholic beverages in the Stadium adopted by City's City Council. Said policy shall apply to events in the Stadium operated hereunder by Tenant. Tenant will comply in all respects with that policy in operating hereunder. 30.2 Under the provisions of City's Municipal Code, smoking is prohibited and unlawful in stadiums except in currently designated smoking areas. Tenant shall maintain and enforce current smoking regulations at the Stadium which prohibit smoking anywhere in the Stadium except for the two designated smoking areas at the bottom of the two (2) wheelchair ramps. 30.3 Tenant may conduct fireworks displays in conjunction with its events provided for herein so long as Tenant obtains the permits and pays the required costs of doing so as -16- 11231-0001 .377086,.2.doc Page 67 prescribed by the Rancho Cucamonga Fire Protection District and City. City and Tenant shall confer on an annual basis to review costs and services to be provided. 31. Utilities. 31.1 City shall provide, or cause to be provided, all utilities, including water, gas, refuse and electricity, necessary for all games at the Stadium, except for telephone and cable service to the Team Office Space. Tenant shall provide telephone and cable service to the Team Office Space at its sole cost and expense. 32. Scoreboard. 32.1 The previous lessee previously purchased, at its own cost the right field scoreboard, equipped with video display capability, which is installed at the Stadium. Subject to the provisions of paragraph 32.2 below, Tenant shall control, operate and maintain (other than paying electrical costs) the scoreboard during the term of this Amended Lease. At the conclusion of the term hereof, title to the scoreboard shall vest in City. 32.2 Tenant shall cause the message center on the right field scoreboard to include up to five (5) public service messages per game, each ten (10) seconds in duration during each Class A baseball game which occurs at the Stadium to be available to the City, when requested at least three (3) days in advance of each game, in writing, by City's City Manager or his designee. 32.3 Tenant, at its sole cost and expense, shall maintain, operate and repair the Left Field Scoreboard during the term of this Amended Lease. Such maintenance, operation and repair responsibility shall include, but not be limited to, repair of damage caused by wind, cleaning, painting, and bulb replacement. At the conclusion of the term of this Amended Lease, title to the Left Field Scoreboard shall vest in City. 33. Name of Team. 33.1 The name of the Class A baseball team which plays at the Stadium pursuant to this Amended Lease shall be called the "Rancho Cucamonga Quakes." 34. City Luxury ]Box, Preferred Parking Passes, Seats and Community Events. In order to involve the community of Rancho Cucamonga in its operation of a Class A baseball franchise at the Stadium, Tenant shall provide the following: 34.1 Tenant shall provide to City the exclusive use of the luxury box now being utilized by City (two combined boxes) and two preferred parking passes for each Class A baseball game and other event operated by Tenant hereunder; 34.2 Annually, the City will receive 7,000 tickets for the season, to be used at the City's discretion to recognize achievements by community organizations, businesses, and/or citizens, to promote interest in the City of Rancho Cucamonga. The tickets shall be evenly distributed amongst the games played in each season, but they are not required to include game dates such as opening day, closing day, July 0 weekend or other dates that are traditionally sold -17- tl_'31-000t.:377n86v2.doc Page 68 out. The tickets shall be provided to the City at least thirty (30) days prior to the first game of each season. Tenant agrees that ticket holders/groups will have the opportunity to upgrade tickets at the holders/groups expense. Handicap seating shall be included in these tickets. The City will provide Tenant with criteria for distribution of the tickets. 34.3 Tenant's Class A baseball team will host at the Stadium, at Tenant's cost, up to a total of five (5) events for City, school districts located within City, and youth sports groups operating within City during each calendar year during the term hereof. Such events shall involve themes such as "say no to drugs" and "stay in school" as well as others mutually agreed to by City through the City Manager, or his designee, and Tenant. 34.4 Annually, Tenant shall provide to City the use of one or both mascots (Tremor and Aftershock) for a maximum of six (6) community events at no cost to City. 34.5 For all games conducted by Tenant at the Stadium, if a handicap seat is requested in a certain section, but none is available, and a seat is available in an adjacent section, the handicap seat shall be obtained at the lower of the two prices charged for the two sections. Tenant shall follow all applicable regulations detailed in the Americans with Disabilities Act with regards to sale of tickets and seating of patrons. 35. Events of Default by Tenant and City's Remedies. 35.1 The following events are hereinafter referred to as "events of default by Tenant": 35.1.1 Tenant shall fail to duly and punctually make any payments to City as required hereunder, including, but not limited to, any rent payment when due to City within thirty (30) days after written notice from City for nonpayment thereof. 35.1.2 The happening of any act which results in the suspension or revocation of the rights, powers, licenses, permits and authorization, including, without limitation, Tenant's franchise from the California League, necessary for the conduct of Tenant operations authorized herein which causes an interruption in the playing of games for a period of thirty (30) days or more. 35.1.3 The interest or estate of Tenant under this Amended Lease shall, by operation of law, be assigned or transferred to, passed to or devolve upon, any other person, firm or corporation, except as specifically permitted hereunder. 35.1.4 Tenant shall, without the prior written approval of City, become a participant corporation in a merger (whether or not surviving), a constituent corporation in a consolidation, or a corporation in dissolution, except as specifically permitted hereunder. 35.1.5 The levy of any attachment or execution, or the appointment of any receiver, or the execution of any other process of any court of competent jurisdiction which does or as a consequence of such process will prevent Tenant's use and occupancy hereunder or otherwise interfere with its operations hereunder, and which attachment, execution, receivership, or other process of such court is not vacated, dismissed, or set aside within a period of sixty (60) days. -18- 11231-0001 1377086v2.doc Page 69 35.1.6 Tenant shall become insolvent, or shall take the benefit of any present or future insolvency statute, or shall make a general assignment for the benefit of creditors, or file a voluntary petition in bankruptcy, or a petition or answer seeking an arrangement for its reorganization, or the readjustment of its indebtedness under the federal bankruptcy laws or under an) other law or statute of the United States, or of any state law, or consent to the appointment of a receiver, trustee, or liquidator, and such act presents Tenant from conducting games at the Stadium for a period of thirty (30) days or more. 35.1.7 By order or decree of a court, Tenant shall be adjudged bankrupt, or an order shall be made approving a petition filed by any of the creditors seeking its reorganization or the readjustment of its indebtedness under the federal bankruptcy laws, or under any law or statute of the United States, or any state thereof and such act prevents Tenant from conducting games at the Stadium for a period of thirty (30) days or more. 35.1.8 A petition under any part of the federal bankruptcy laws, or an action under any present or future solvency law or statute shall be filed against Tenant and shall not be dismissed within ninety (90) days after the filing thereof and such act prevents Tenant from conducting games at the Stadium for a period of thirty (30) days or more. 35.1.9 By or pursuant to, or under authority of any legislative act, resolution or rule or any order or decree of any court, governmental board, agency, or officer having jurisdiction, a receiver, trustee, or liquidator shall take possession or control of all or substantially all of the property of Tenant, and such possession or control shall continue in effect for a period of ninety (90) days and prevents Tenant from conducting games at the Stadium for a period of thirty (30) days or more. 35. 1.10 Any lien (including, without limitation, mechanic's and materialmen's liens) is filed against the Stadium because of any act or omission of Tenant and is not removed within ninety (90) days. 35. 1.11 Tenant shall voluntarily abandon, desert, vacate or discontinue its operation herein authorized. 35.1.12 Nothing in this section shall require Tenant to monitor, observe or pay any tax, lien, claim, charge or demand so long as the validity or enforceability thereof shall be contested in good faith. 35.2 No acceptance by City of rent or other payments, for any period or periods after a default of any of the terms, covenants and conditions to be performed, kept or observed by Tenant shall be deemed a waiver of any right on the part of City to terminate this Amended Lease on account of sucb default. 35.3 No waiver by City of any default on the part of Tenant in the performance of any of the terms, covenants, or conditions hereof to be performed, kept or observed by Tenant shall he or be construed to be a waiver by City of any other or subsequent default in performance of any of said terms, covenants and conditions. -19- 11231-000' 19- 11331-000' 1377096v2 doe Page 70 35.4 If any of the events of default enumerated in subsection 35.1 of this section occur subsequent to Tenant's entering into use and occupancy of the Stadium or team Office Space or any part thereof, and after due notice as provided herein, Tenant has failed to cure or correct such default, then, in addition to any and all rights and remedies of City hereunder and/or by law provided. City shall have the right: 35.4.1 To declare the term hereof ended as to the Stadium and Team office Space leased hereunder and to re-enter such Stadium and Team office Space and take possession thereof and remove all persons connected with Tenant therefrom and Tenant shall have no further claim thereon or hereunder: and 35.4.2 To request in writing a written report from Tenant concerning all of its debts and obligations, financial status and prospective income. If such report is not delivered to City within one month thereafter, prepared by Tenant's accountants, it shall be the right of City's representatives and accountants to inspect all books of accounts and records of Tenant for the purpose of obtaining such information. From the date of such request, Tenant shall not make any further arrangements for the presentation of any event in the Stadium unless authorized in writing by City to do so. Tenant shall be permitted to continue to present any event that is at such time taking place in the Stadium if, in the opinion of City, it will be of advantage to City for Tenant to so continue. Tenant shall also be permitted to finish out all or part of the remainder of its Season ify in the opinion of City, it will be of advantage to City for Tenant to do so. Upon receiving the financial information above specified and examining the same, it shall be the right, but not the obligation, of City to declare the term hereof ended, to specify the termination date, and on said termination date to re-enter the Stadium and remove all persons connected with Tenant therefrom and Tenant shall have no further claim thereon or hereunder. 35.4.3 The remedies given to City in this section shall be in addition and supplement to all other rights or remedies which City may have under the laws then in force. 35.4.4 Tenant hereby waives any and all rights of redemption granted by or under any present or future law, or statute, arising in the event it is evicted or dispossessed for any cause or in the event City obtains or retains possession of the Stadium or any part thereof in any lawful manner. 35.4.5 If City claims that a default by Tenant has occurred hereunder which is not an "event of default" enumerated in Section 35.1 hereof, the provisions of paragraph 39 hereof shall apply. 36. Events of Default by City and 't'enant's Remedies 36.1 The following events are hereinafter referred to as "events of default" by City: 36.1.1 City shall fail to keep, perform and observe each and every promise, covenant, condition and agreement set forth in this Amended Lease on its part to be kept. performed or observed within thirty (30) days after written notice of default thereunder from Tenant except where fulfillment of City's obligation requires activity over a period of time and City shall have commenced to perform whatever may be required to cure the particular default -20- 11231-0001 .377086v2 aoc Page 71 within ten (l 0) days after such notice and continues such performance diligently and without interruption except for causes beyond its control. 36.1.2 No waiver by Tenant of any default on the part of City in the performance of any of the terms, covenants, or conditions hereof to be performed, kept or observed by City shall be or be construed to be a waiver by Tenant of any other or subsequent default in performance of any of said terms, covenants and conditions. 36.1.3 If any of the events of default enumerated in subsection 36.1 of this Amended Lease occur subsequent to Tenant's entering into the use and occupancy of the Stadium or Team Office Space, or any part thereof, and after notice as provided herein, City has failed to cure or correct, then in addition to any and all rights and remedies of Tenant hereunder and/or by law provided, it shall be the right of Tenant to declare the term hereof terminated by written notice to City and to surrender the Stadium and the Team Office Space and City shall have no further claim upon Tenant thereon or hereunder, provided, however, Tenant shall remove all of its equipment, supplies, furnishings, inventories, removable fixtures and other personal property at its own expense and without damage to the Stadium or the Team Office Space. 36.1.4 The remedies given to Tenant in this section shall be in addition to and supplemental to all other rights or remedies which Tenant may have under the laws then in force. 37. [intentionally Qmitted.l 38. Personal Guarantee. 38.1 This Amended Lease is contingent upon and shall not be deemed effective until Tenant has supplied the personal guarantee of Mr. Robert A. Brett securing the discharge of Tenant's annual rent payment obligations under Section 4.1 of this Amended Lease, for the entire term hereof in form and content substantially identical to Exhibit "G" hereto. 39. Arbitration of Disputes. Disputes between the parties of this Amended Lease as to matters not defined as an "event of default" shall be arbitrated as follows: 39.1 If at any time during the continuance of this Amended Lease any dispute, which is subject to arbitration under the terms of this Amended Lease, arise and the differences cannot be satisfactorily resolved, it shall be referred to arbitration in the City of Rancho Cucamonga, County of San Bernardino, State of California, to a Panel determined as follows: 39.1.1 Each party shall, within ten (10) business days after either party's election to arbitrate, appoint one disinterested individual and the persons so appointed shall, if they are unable to arrive at a decision within ten (10) business days, appoint a third arbitrator. If either party neglects or refuses to appoint an arbitrator, then the single arbitrator shall resolve the dispute. -21- 11231 0001 .377(186v2.doc Page 72 39.1.2 The Panel shall then determine the matter in dispute by a determination arrived at by a majority of the arbitrators or by both arbitrators, as the case may be, and such determination shall be final and binding upon the parties hereto, their respective successors and assigns. 39.1.3 The Panel shall fix their own compensation and shall assess the costs and charges upon either or both parties. 39.1.4 The Panel, in hearing evidence and arriving at their decision, may, if they so elect, use the rules of evidence in effect at the time of the arbitration in the State of California. 39.1.5 Judgment on any arbitration award may be entered into a court of competent jurisdiction. 39.1.6 The issues that are subject to arbitration should, if at all possible, be decided by the arbitration determining a remedy, other than termination of this Amended Lease. 40. Rntentionally Omitted.] 41. Attorneys' Fees/Legal Costs. As between Tenant and City, if any action at law or in equity or any arbitration shall be brought to enforce or interpret the terms of this Amended Lease, the prevailing party shall be entitled to recover from the other party as part of the prevailing party's costs reasonable attorneys' fees, the amount of which shall be fixed by the court or arbitrator and shall be made a part of any decision, judgment or decree rendered. 42. Severabiiity The invalidity of any provision of this Amended Lease, as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision hereof. 43. Captions. Paragraph headings in this Amended Lease are used solely for convenience and shall be wholly disregarded in the construction of this Amended Lease. 44. Covenant and Conditions. Each provision of this Amended Lease performable by Tenant shall he deemed both a covenant and a condition. 45. Notice. Except as otherwise provided herein, any notice, statement, demand, request, consent, approval, authorization, offer, agreement or communication, that either party hereto desires, or is required to give to the other party, shall be in writing and shall be sufficiently given and served upon the other party if delivered personally, or if sent by United States postal service, first-class 1123' -0001 1377086v2.doc Page 73 postage prepaid, and addressed as specified below. Either party hereto may change its address for purposes of this Amended Lease by giving the other party appropriate written notice of the change of address. Notice shall be deemed to be communicated forty-eight (48) hours of the time of mailing, if mailed to the following, so long as at the time of deposit in the U.S. Mail a true and correct copy of the notice is sent to the other party by facsimile machine, the facsimile number to be designated in writing by each party: City Manager City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Rancho Baseball, LLC c/o Robert A. Brett 8408 Rochester Avenue P.O. Box 4139 Rancho Cucamonga, CA 91730 46. No Third Party Beneficiaries of Lease. Any insurance coverage required herein is for the protection of City, its officers, agents, employees, contractors, and invitees. No third party beneficiaries other than as specifically named herein are contemplated under any provision of this Lease, nor is it the intent of this Amended Lease to create any right in same. 47. This amended Lease contains all covenants and agreements between City and Tenant relating in any manner to the leasing, use and occupancy of the Stadium, including Tenant's use and occupancy of the Team Office Space and other matters set forth in this Amended Lease. No prior agreements or understanding pertaining to the same shall be valid or of any force or effect and the covenants and agreements of this amended Lease shall not be altered, modified or added to except in writing signed by City and Tenant. 48. Surrender Of Possession. 48.1 Tenant shall yield and deliver peaceably to City the possession of all portions of the Stadium occupied by it, including the Team Office Space promptly and in good condition (ordinary wear and tear and loss or damage by fire, other casualty or acts of God excepted) on the date of the expiration or sooner termination or cancellation of this Amended Lease, whether such termination is by cancellation, expiration or otherwise. 48.2 Subject to the provisions of the foregoing sections hereof, Tenant shall have the right during the term hereof to remove its equipment, supplies, furnishings, inventories, removable fixtures and other personal property from the Stadium and Team Office Space at its own expense and without damage to the Stadium and Team Office Space. if Tenant fails to remove such property on or before the termination or expiration of this Amended Lease, City may remove such property to a public warehouse for deposit or retain the same in its own possession and sell the same at public auction, the proceeds of which shall be applied first to the expenses of removal, storage and sale, and second, to any sums owed by Tenant to City, with -,)3- 1123 ?3- c1rya -000' 1377086%2.doc Page 74 any balance remaining to be paid to Tenant. If the expenses of such removal, storage and sale shall exceed the proceeds of sale, then Tenant shall pay such excess to City upon demand. 48.3 No agreement of surrender or to accept a surrender of possession of the Team Office Space and/or Stadium shall he valid unless and until the same shall have been reduced to writing and signed by the duly authorized representatives of City and of Tenant. Except as expressly provided in this section, neither the doing of, nor omission of, any act or thing, by any of the officers, agents, or employees of City shall be deemed an acceptance of a surrender of possession of the Stadium under this Amended Lease. Dated: 2011 NW-IPI ATTEST: Dated: 1 0 �� 2011 Dated: 2011 CITY OF RANCHO CUCAMONGA BASEBALL,LM RANCHO By:- a��-ZQ�VJ -24- '. 331-0101 1377086v2.doc Page 75 STADIUM SITE PLAN cf+ NMI Lot ET 3 4---- ROCHESTER AVENUE -® LOT G x 2 1 STADIUM Lot A au.ut� utti," , Exhibit A 0 0 m O Fn D Page 76 A B C 3 D E F ILW11111111llflllll!Illlllllllll:llllill Exhibit A 0 0 m O Fn D Page 76 Exhibit B CITY OF RANCHO CUCAMONGA PAYMENT REMITTANCE FORM 2011 ENTITY: RANCHO CUCAMONGA QUAKES PAYMENT MONTH 9 20_ DESCRIPTION ACCOUNT AMOUNT 2012 BASE RENT (Lease Section 4.1) (4426) $15,000/month (Due by 1 st of each month — April -August) ADMISSIONS TAX (Lease Section 4.3) (4126) $ (Due by I" of each month — June -November based on 10% of actual ticket sales from 2 months prior. Minimum of $90,000 per year with balance paid in December) STADIUM SECURITY REIMBURSEMENT (4580) $3,415/month (Due by 1 st of each month — June -November) BASEBALL SECURITY (4583) $ (Due 30 days after city billing date) CAPITAL IMPROVEMENT PLAN (TBD) $ (Payments due per CIP Plan) NAMING RIGHTS REVENUE SHARING (TBD) $ (If a naming rights partnership is obtained. 50% of gross naming rights revenue above $132,000 per year. Due by 1"` of September for previous season) OTHER (Please specify) TOTAL PAYMENT $ Signature Rate MONTHfYR Page 77 EXHIBIT r, I OF 3 oluo TEAM OFFICE SPACE - 2ND FLOOR Page 78 f. EXHIBIT r, I OF 3 oluo TEAM OFFICE SPACE - 2ND FLOOR Page 78 EXHIBIT C wit 2OF3 CONCESSIONOFFICE �' ,• �--� CONCOURSE LEVE I ; •� � �r Hy w W. 4 �C ' , ,• � t 1 J ♦` LOw � ` '� � f. jL y C + 1 t I&........... r C tl 1 ,I t } I ]I I 1 " � I EXHIBIT C wit 2OF3 CONCESSIONOFFICE �' ,• �--� CONCOURSE LEVE I ; •� � �r Hy w W. 4 �C ' , ,• � t 1 J ♦` LOw � ` '� � f. jL y C + 1 t I&........... r C tl 1 ,I t } I ]I I 1 • •, x 1` o0 REa' Page 79 EXHIBIT C 3 OF 3 Aa LL Kit CO 0. oo, tiI EXHIBIT C 3 OF 3 Aa LL Kit CO 0. m CONCESSION STAGING — 3RD FLOOR Page 80 Team Locker Room Maintenance Responsibilities Exhibit D Page 81 Dally Weekl BI -weekly Month{ Bathroom X Clean and sanitize all fixtures Partitions X Wipe down Sinks X Clean and sanitize Showers Walls and Floors X I Clean and sanitize Floors Trash X X IClean and sanitize lRemove trash re -line clean can if needed Carpets Vacuum X Ivacuum carpets daily, deodorize weeks Doors (Wipe down X Clean or as needed Supplies (Paper and soap) X Restock daily as needed Windows X Clean Window sills X Clean Lockers X Woe Inside and outside Furniture X IWIpe down Drains Carpets (Extract) X lEn as month!y or when team is away X Extract monthly (minimum) or as needed and spot clean as needed Page 81 Team Stadium Clean -Up Responsibilities Exhibit E GAME TIME GLEANING Keep walkways, concourse, restrooms, caf6s, bleachers, ledges, countertops free of dust and debris Trash cans to be emptied and relined as needed on cross aisle, walkways, restrooms, concourse and outside main entrance Wipe down all trash receptacles during and after game Throughout the game check the usage of all trash receptacles and place all full trash bags in city electric cart for disposal Patrol and clean up any spills or debris throughout stadium Report any damage, incidents orraffiiti to the city staff Wipe down and check all drinking fountains for proper operation during the game. Report any needed repairs to city staff Keep aisles and stairs clear Monitor Men's and Women's restrooms every 30 minutes (clean and stock as needed). Re ort any needed repairs to city staff Monitor and remove empty boxes from concession stands and cafes END OF GAME CLEANING Empty all trash cans, sweep up any debris on concourse, cafes, bleachers and main entrance including Plaza and Pavilion Sweep any trash inside of Women's and Men's restrooms, empty all feminine disposal containers, clear and flush all toilets and urinals Page 82 Exhibit F ALCOHOL BEVERAGE POLICY The following policy relates to alcohol beverage (beer and wine only) sales at the stadium concession and cafe facilities located in the sports complex. The policy is to be adhered to by the stadium tenant and concessionaire for all stadium related events. Beer is sold in up to 24 oz. cups. The cup is to be of a different color and/or material so as to be readily distinguishable from all other beverage containers and cups. Pitchers may be used in the cafe area only and may not be removed from the cafe area. 2. No patron shall be sold more than two cups of an alcoholic beverage at any one time. 3. Age verification will be required for all patrons at the time of sale. 4. No alcoholic beverage will be served from the concession/cafe areas during the two final innings of any game - after the seventh inning of a regular game or the fifth inning of the second game of a double header. In the case of a non - baseball event no alcoholic beverage will be sold 30 minutes or less prior to the scheduled ending of the event. 5. If City identifies specific concerns resulting from alcohol related promotions, Tenant agrees to work with City towards effective solutions. . 6. No promotional items carrying marks of alcoholic beverage suppliers will be given to fans under 21 years of age. 7. All staff, particularly ushers, concession/cafe sales personnel and security, will be knowledgeable of this alcohol beverage policy. 8. If a patron is recognized by security staff as being intoxicated, security staff will deny further service to the patron. 9. No alcoholic beverages will be sold from the concession facilities to any person located on the exterior of the stadium building. Consumption of an alcoholic beverage outside of the stadium building is not permitted under section 12.04.010 B of the Rancho Cucamonga Municipal Code. Page 83 EXHIBIT "G" FORM OF PERSONAL GUARANTY THIS PERSONAL GUARANTY (this "Guaranty") is Purposes only, as of October 1 2011, and is made by the CUCAMONGA (the "City") and ROBERT A. BRETT ("Guarantor"), following facts: WITNESSETH dated, for reference CITY OF RANCHO with reference to the WHEREAS, the City and Rancho Baseball, LLC, A California Corporation ("Tenant") are parties to that certain Amended and Restated Lease dated October 1 2011 ("the Amended Lease" hereafter) providing for the operation of Tenant's Class A baseball team at City's facility referred to therein as "the Stadium"; and WHEREAS, as an inducement to the City's approval of the above referenced agreement, the undersigned Guarantor has agreed to guarantee during the term of the Amended Lease full performance of the minimum annual base rent payment obligations therein of Tenant to City under the Amended Lease. NOW, THEREFORE, in consideration of the execution of the Amended Lease by City, the undersigned hereby agree with City as follows: 1. Guarantor hereby unconditionally covenants and guarantees to City that Tenant shall make all minimum annual base rent payment obligations ascribed to it in the Amended Lease and that if the Amended Lease is terminated due to an event of default of Tenant, Guarantor will pay to City the total of minimum annual base rent which would have been due from Tenant to City for the entire remainder of the term of the Amended Lease. 2. If Tenant's minimum annual base rent payment obligations guaranteed hereunder are not paid in full by Tenant by the times and as provided in the Amended Lease, Guarantor covenants and agrees that it shall, within sixty (60) days of receipt of a written demand from City and in accordance with the terms and conditions of the Amended Lease fully pay and discharge such obligations. Further, if the Amended Lease is terminated due to an event of default of Tenant, Guarantor agrees that he shall pay to City the total of minimum annual base rent which would have been due from Tenant to City for the entire remainder of the term of the Amended Lease, within sixty (60) days of a written demand therefore from City. 3. If Guarantor fails to promptly perform its obligations under this Guaranty, City may bring any action at law or in equity or both to compel Guarantor to perform its obligations hereunder, and to collect in any such action compensation for all loss, cost, damage, injury attorney's fees and other expenses sustained or incurred by City as a direct or indirect consequence of the failure of Guarantor to perform any of its obligations hereunder. Page 84 4. Unless or until expressly released by the City in writing, the covenants and agreements on the part of Guarantor shall continue in favor of the City notwithstanding any extension, modification, or alteration of the Amended Lease entered into by and between City and Tenant, or their successors or assigns, or any assignment of the Amended Lease provided Guarantor has received prior written notice of and has approved any such extension modification or alteration of assignment of the Amended Lease. 5. The terms and provisions of this Guaranty shall be binding upon Guarantor's estate and Guarantor's successors and assigns. 6. This Guaranty will continue unchanged by any bankruptcy, reorganization or insolvency of Tenant or any successor or assignee thereof or by any disaffirmance or abandonment by a trustee or Tenant. 7. Guarantor warrants and acknowledges that: (a) City would not approve the above referenced Amended Lease but for this Guaranty; (b) Guarantor has reviewed all of the terms and provisions of the Amended Lease; and (c) Guarantor has established adequate means of obtaining from sources other than City, on a continuing basis, financial and other information pertaining to Tenant's financial condition, and the status of Tenant's performance of its obligations under the Amended Lease, and City has not made any representations to Guarantor as to any such matters. 8. City may, without notice, assign this Guaranty in whole or in part, and no assignment or transfer of the Amended Lease by City shall operate to extinguish or diminish the liability of Guarantor hereunder. 9. The obligations of Guarantor hereunder shall be in addition to and shall not limit or in any way affect the obligations of Guarantor under any other existing or future guaranties unless said other guaranties are expressly modified or revoked in writing. This Guaranty is not intended, nor shall it be deemed to amend, modify, limit, supersede or affect any other guaranty previously, now or hereafter made by Guarantor in favor of City whether or not such guaranty relates to the transaction or transactions from which this Guaranty arises. This Guaranty is independent of the other obligations of Tenant under the Amended Lease. City may bring a separate action to enforce the provisions hereof against Guarantor without taking action against Tenant or any other party or joining Tenant or any other party as a party to such action. 10. The word "Tenant" as used herein shall include both the named Tenant and any other person at any time assuming or otherwise becoming primarily liable for all or any part of the obligations of the named Tenant under the Amended Lease. The term "person" as used herein shall include any individual, company, trust or other legal entity of any kind whatsoever. When the context and construction so require, all words used in the singular herein shall be deemed to have been used in the plural and vice versa. 11. This Guaranty shall be governed by, and construed in accordance with, the laws of the State of California, except to the extent preempted by Federal law. Guarantor and all persons and entities in any manner obligated to City under this Guaranty consent to the _2_ Page 85 jurisdiction of any Federal or State Court within the State of California having proper venue and also consent to service of process by any means authorized by California or Federal law. 12. This Guaranty may not be revoked by Guarantor or any successor or successors of Guarantor, and any attempted revocation by Guarantor or any such successor shall be null and void and shall not in any manner release or discharge Guarantor or such successor from liability under this Guaranty. 13. No assignment of the Amended Lease shall in any manner release or discharge Guarantor or any successor of Guarantor from liability under this Guaranty whether or not such successor has notice of or consents to such assignment, and such successor does hereby consent thereto. 14. The terms and provisions of this Guaranty shall be binding upon the successors and assignees of Guarantor and the successors and assignees of City shall inure to the benefit of the respective successors and assignees of Guarantor and City. This Guaranty may not be modified or canceled except by a writing signed by City. 15. If any provisions of this Guaranty shall be determined to be void by any Court of competent jurisdiction, then such determination shall not affect any other provision of this Guaranty and all such other provisions shall remain in full force and effect. It is the intention of the parties hereto that if any provision of this Guaranty is capable of two constructions, only one of which would render the provision valid, then the provision shall have the meaning which renders it valid. 16. The obligations of Guarantor hereunder shall remain in full force and effect notwithstanding any assignment, sale, encumbrance, conveyance or transfer of the Amended Lease and/or the property subject to the Amended Lease. 17. Written notices, demands and communications between or among Guarantor and City shall be writing and shall be deemed to be sufficiently given if delivered by hand (and a receipt thereof is obtained or is refused to be given) or if dispatched by registered or certified U.S. mail, postage prepaid, return receipt requested. Notices shall be addressed to: Mr. Robert A. Brett 700 W. Mallon Spokane, WA 99201 City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Attention: City Manager or to such other addresses as the above parties may designate by written notice. -3- Page 86 Any written notice, demand or communication shall be deemed received immediately if delivered by hand and shall be deemed received on the tenth day from the date it is postmarked in California if delivered by registered or certified U.S. mail. 18. Should legal action be brought by either party for breach of this Guaranty to enforce any provision, the prevailing party in such action shall be entitled to reasonable attorneys' fees, court costs, and other litigation expenses including, without limitation, expenses incurred for preparation and discovery. The entitlement to recover such fees, costs and expenses shall accrue upon the commencement of the action regardless of whether the action is prosecuted to final judgment. IN WITNESS THEREOF, the Guarantor and City have executed this Guaranty as of the date first written above. ATTEST: t '1 „ City Clerk)' 101'7111 10180;7:�►II • � CT11TY OF RANCHO CUCAMONGA By: a r lgt78 t:ICOMMSERVEEPtCENTER-SP COMPLEXILeas&%ExhibitGFormofGuamnty.doc -4- Page 87 t VI i CTORY WAY Lot E GOALS U111111111111111110 SOCCER CENTER ANIMAL CENTER °\\ Lot C 4 Q z z W m Y U ROCHESTER AVENUE —Io� v Exhibit A. Lot DI M c�LotF e ted 2 3 •------------ L n O 4 I O STADIUM 0° � o m O I Special Lot B Event Lot A Grass Area IN *Dow iffliffliffliffRI viii m iffliffliffliffli111 Special Event Area/ Parking Lot RC SPORTS CENTER Page 88 A = = B = C = D = RC SPORTS CENTER Page 88 •�1 DATE: TO: FROM: INITIATED BY November 7, 2018 Mayor and Members of the City Council John R. Gillison, City Manager Jennifer Hunt Gracia, Community Services Director Lonnie Shipman, Community Services Superintendent SUBJECT: CONSIDERATION OF TERMINATION OF LEASE AGREEMENT CO# 02-005 BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE CALIFORNIA SPEEDWAY CORPORATION. RECOMMENDATION: Staff recommends the City Council approve the termination of lease agreement CO 02-005, releasing the exclusive right of use and development of the 34 -acre parcel of land location north of Napa Street and east of Etiwanda Avenue. BACKGROUND: In 2002, the City and the California Speedway Corporation entered into a lease agreement authorizing the City to develop approximately 26 acres of unimproved land into multi -use sports fields. The lease agreement has a term of 99 years for an annual lease amount of $1. The City is required to design the space in such a manner for maximum open space to allow vehicle parking on Speedway event days. The lease agreement allowed for exclusive use of the site and facilities, except for specific dates when the Speedway needed use of the facility for parking. Concurrently since 2002, the City has continued updating the General Plan to address various park master plans in an effort to prioritize the continued development of properties and existing park acreage for multi -sport use fields. ANALYSIS: Over the past year City staff have determined that the industrial facilities and high traffic patterns have created conditions which negatively impact the parcel of land and make it unfavorable for development of, and use for, athletic fields. Furthermore, City staff are currently in the process of identifying other parcels of land which may be accessible for development and /or reciprocal use on existing developed land. FISCAL IMPACT: Minimal fiscal impacts related to the termination of the lease agreement; a total savings of $83 dollars over the course of the remainder of the agreement. COUNCIL GOAL(S) ADDRESSED: Page 89 The City Council annually adds, amends and updates Parks and Recreation Development goals with the purpose of planning and developing major parks and recreational projects; the Capital Improvement Program policies are also addressed annually. General Plan policy CS -1.6 is addressed in this termination of the lease to focus efforts and resources on properties which are suitable for recreational usage. ATTACHMENTS: Description Lease Agreement CO 02-055 Page 90 C o DZ -60 5 LEASE This LEASE (the "Lease") is made as of the last date of execution by a party hereto (the "Effective Date") by and between THE CALIFORNIA SPEEDWAY CORPORATION d/b/a CALIFORNIA SPEEDWAY, a Delaware corporation (the "Landlord"), and the CITY OF RANCHO CUCAMONGA, a municipal corporation (the "Tenant"). All attachments and exhibits hereto are incorporated herein by this reference. 1. SUBJECT OF LEASE. I.I. Landlord owns or leases certain real property consisting of approximately 34 acres of land located north of Napa Street and east of Etiwanda Avenue in the City of Rancho Cucamonga (the "City"), San Bernardino County, California, such real property being more particularly described on Exhibit A attached hereto and made a part hereof (the "Property"). The parties acknowledge that certain portions of the Property are owned by the County of San Bernardino (the "County") and are included with the County's prior consent and as part of the City's Minor Development Review process related to development of the Property. 1.2. Landlord currently uses the Property for the purpose of parking vehicles during Major Event Days (defined below)at the nearby California Speedway auto -racing track (the "Speedway") that is also owned and operated by Landlord. 1.3 Tenant, as City, desires to lease the Property and construct park facilities and outdoor athletic playing fields and courts, and related restroom and snack bar facilities, to meet the recreational needs of its residents, all of which are described more particularly on Exhibit B attached hereto and made a part hereof (the "Park and Recreational Facilities"), without restricting the use of the Property for vehicle parking by patrons of the Speedway during designated time periods (the "Speedway Parking Use"). Landlord desires to cooperate with the City in meeting the parks and recreational needs of the City's residents. 1.4 Landlord desires to lease the Property to Tenant, and Tenant desires to lease the Property from Landlord upon the terms and conditions specified herein to facilitate use of the Property for athletic and recreational programs. 2. LEASE OF THE PROPERTY. Landlord, for and in consideration of the terms, covenants, and agreements hereinafter reserved and contained on the part of Tenant to be paid, kept, performed and observed by Tenant, hereby leases to Tenant, and Tenant hereby leases from Landlord, the Property. 3. ADDITIONAL DEFINITIONS. Page 91 In addition to other defined terms set forth in this Lease, the following definitions shall also apply to this Lease: 3.1 Improvements means any and all buildings, facilities, landscaping, infrastructure, utilities, and other facilities and improvements built on the Property or any part thereon by Tenant, including without limitation, the Park and Recreational Facilities. 3.2 Equipment means any and all furniture, fixtures and equipment located on or used in connection with the Property, and all other personal property associated with the Property, owned or controlled by Tenant. 3.3 Provegy Provemeans those certain parcels of real property owned or leased by Landlord, which are more particularly described on Exhibit A attached hereto and made a part hereof, and shown on the map attached hereto as Exhibit B and made a part hereof. 3.4 Major Event Day(s) means the days on which a NASCAR, CART, or IRL sanctioned event or other major motorsports events are held at the Speedway. If an event scheduled during a Major Event Day is postponed or delayed, this definition shall extend to the day after the day on which the event is actually held. 4. TERM. The term ("Term") of this Lease shall commence on the date hereof (the "Commencement Date") and shall terminate on the date that is ninety-nine (99) years thereafter, unless sooner terminated pursuant to the terms hereof (the "Termination Date"). Tenant and Landlord shall each have the right, but not the obligation, to terminate this Lease at any time upon ninety (90) days notice to the other party (the "Early Termination Right"). Throughout the Term, and at the Termination Date, the Park and Recreational Facilities, all Equipment, personal property and Improvements that are part of the Property, shall be the property of Tenant and Tenant shall have the right, but not the obligation, to remove the same at any time on or before the Termination Date. If Landlord exercises its Early Termination Right and Tenant elects not to remove any or all of the Improvements and Equipment, then Landlord shall pay to Tenant an amount equal to Tenant's depreciated cost of the Improvements and Equipment remaining on the Property, such cost to be based on the estimated useful life of the Improvements as determined by Tenant's books and calculated on a straight line basis as of the Termination Date. 5. RENT. 5.1 Rent. In consideration of the terms and conditions hereof, Tenant shall pay to Landlord rent in the sum of One Dollar ($1) per year on each anniversary of the Effective Date. Revised Speedway Lease -final 2 Page 92 6. USE OF THE PROPERTY. 6.1 Use of the Property. Landlord covenants and agrees for itself, its successors and assigns, that during the Term and thereafter, the Property and the Improvements may be used by Tenant for any and all purposes it deems appropriate, including but not limited to, developing and operating outdoor athletic fields and courts, and related snack bars, parking lots, maintenance buildings/yards, lighting and fencing. 6.2 Only Lawful Uses Permitted. Tenant shall not use the Property or the Improvements for any purpose that is in violation of any law, ordinance or regulation of any federal, state, county or local governmental agency, body or entity. Furthermore, Tenant shall not maintain or commit any nuisance, as now or hereafter defined by any applicable statutory or decisional law, on the Property or the Improvements, or any part thereof. 6.3 Speedway Parking Use. Landlord shall be authorized to use the Property, but not including the Improvements, for parking vehicles during Major Event Day(s) at the Speedway (the "Speedway Parking Use"). Periods of use by the Speedway shall be limited to a maximum of six (6) Major Event Days, and any days not so used shall expire and shall not be carried over to any other calendar year. Landlord shall make every reasonable effort to provide Tenant with three (3) months advance written notice prior to each Major Event Day. During periods of the Speedway Parking Use, Landlord shall be responsible for providing trained and qualified personnel who shall direct the safe and effective entry, parking and exit of the vehicles, and shall be responsible for providing the necessary supervision and security for the Property, including security and protection of all Improvements constructed thereon. Landlord specifically acknowledges that it shall have no access to the Improvements during the Speedway Parking Use or otherwise during the Term, including without limitation, buildings, maintenance and storage yards. During periods of the Speedway Parking Use, Tenant shall also have access and use of all areas of the Property provided that Tenant's use during the Speedway Parking Use shall not restrict or impede the ability of Landlord to use the Property for parking purposes. In the event of inclement weather or related wet conditions during the period of the Speedway Parking Use, which could result in substantial damage to the Improvements, Landlord and Tenant shall use their best efforts to meet and discuss how to minimize damage to the Property from the Speedway Parking Use during such inclement weather. If Tenant proposes a reasonable inclement weather contingency plan, Landlord agrees to implement it during the Speedway Parking Use if feasible. 6.4 Advertising and Naming Rights. Tenant acknowledges and understands that Landlord and/or California Speedway may have entered or will enter into sponsorship or advertising agreements, which could affect Tenant's ability to contract for Property naming rights or advertising with a competitor of a California Speedway sponsor or advertiser. To the extent not in conflict with the foregoing, Tenant shall have the right to name the Property facilities and to permit advertising on the Property for the purpose of attracting sponsors and/or donors for the athletic/recreational activities or facilities on the Property and shall be entitled to retain all revenues and income related thereto. Tenant shall provide Landlord with written notice 3 Revised Speedway Lease -final Page 93 of any potential sponsor and shall not enter into any binding agreement for naming the Property facilities or advertising without the prior written consent of Landlord, which shall not unreasonably be withheld. If Tenant enters into a sponsorship or advertising agreement with a competitor of a California Speedway sponsor or advertiser, Landlord shall advise Tenant of the conflicting advertiser and Tenant shall provide in such sponsorship or advertising agreements that during the times of Speedway Parking Use, Landlord may, at its cost and expense, cover up or remove those sponsorships or advertising signs, collateral or the like, in conflict with a California Speedway sponsor or advertiser. If Landlord covers up or removes the aforementioned signs or collateral, Landlord shall within seven (7) days after the Speedway Parking Use uncover or restore those items to their original location and visibility. 6.5 Other Property Revenues. Tenant shall have the right to charge and retain reasonable program, service, concession, admission and/or parking fees for all activities at the Property, excluding only the Speedway Parking Use. 7. UTILITIES 7.1 Landlord's Responsibilities. Landlord shall be responsible for obtaining the necessary and required licenses and/or permits from utility companies with existing facilities on the Property in order to allow Tenant to construct and operate the Park and Recreational Facilities on the Property without unreasonable restrictions. Such necessary licenses and/or permits shall have been obtained prior to the commencement of the Term, and shall remain in full force and effect for the duration of the Term, unless terminated by the utility due to extreme emergency affecting the health, safety, and/or welfare of the community. Landlord shall be responsible for assuming any and all costs associated with obtaining and maintaining all permits and/or licenses from utility companies for use of the Property by Tenant during the Term. 7.2 Tenant's Responsibilities. During the Term, Tenant shall obtain and pay, or cause to be paid, for all licenses, permits, and charges for gas, electricity, water, sewer, telephone, and other utilities necessary to be furnished to the Property for the construction, maintenance, and operation of the Park and Recreational Facilities and other Tenant Improvements and all sewer use charges, tap in fees, permit fees, hookup or similar charges or assessments for any and all utilities levied against the Park and Recreational Facilities or Tenant's operations on the Property. 8. TAXES 8.1 Real Estate Taxes. As used herein, the term "Real Estate Taxes" shall mean all real estate taxes, possessory interest taxes, assessments for improvements to the Property, municipal or county water and sewer rates and charges, or any other assessments or taxes, all other governmental charges, general and special, ordinary and extraordinary, if any, whether or not the same shall have been within the express contemplation of the parties hereto, together with any interest and penalties thereon, which are, at any time, imposed or levied upon or assessed against the Property, or any interest therein, and which become a lien thereon and accrue during the Term. Revised Speedway Lease -final 4 Page 94 8.2 Contest. Tenant shall have the right to contest the amount or validity of any Real Estate Taxes, in whole or in part, by appropriate administrative and legal proceedings, without any costs or expense to Landlord, and Tenant may postpone payment of any such contested Real Estate Taxes pending the prosecution of such proceedings and any appeals so long as such proceedings shall operate to prevent the collection of such Real Estate Taxes and the sale of the Property and any Improvements to satisfy any lien arising out of the nonpayment of the same, and Tenant famishes a bond to Landlord securing the payment of the same in the event a decision in such contest shall be adverse to Tenant. 8.3 Personal Property. Tenant covenants and agrees to pay before delinquency all personal property taxes, assessments and liens of every kind and nature upon all Equipment and personalty as may be from time to time situated within the Property. 8.4 Possessory Interest. Pursuant to the California Revenue and Taxation Code, the Property may be required to be assessed and taxed in the same manner as privately owned property. Tenant shall pay or cause to be paid before any fine, penalty, interest or cost may be added thereto for the nonpayment thereof, all real estate taxes which may be levied against any and all interests in the Property and any Improvements during the Term, and not merely the assessed value of the leasehold interest in the Property; provided, however, that Tenant may apply for and receive any applicable exemption from the payment of property taxes and assessments. Pursuant to the provisions of the California Revenue and Taxation Code, Landlord hereby provides notice to Tenant that Tenant's leasehold interest created by this Lease may result in a possessory interest tax being levied against Tenant, and that in such event Tenant shall be obligated to pay such tax. 9. CONSTRUCTION AND OWNERSHIP OF IMPROVEMENTS, EQUIPMENT, FIXTURES AND FURNISHINGS. 9.1 All Improvements now existing or constructed on the Property by Tenant as permitted by this Lease shall, during the Term, be and remain the property of Tenant. Tenant shall have the sole right to construct, renovate, demolish or remove the Improvements except as otherwise permitted pursuant to this Lease. Tenant shall keep the Improvements free and clear of all liens, encumbrances, and claims to or against them by any third person, firm, or entity, including but not limited to any mortgagee or lender. 9.2 Tenant shall construct, maintain, repair, or remove the Park and Recreational Facilities and such Improvements as Tenant deems necessary or desirable for operating athletic fields and courts and related amenities on the Property, provided that Tenant shall design and construct Improvements to maximize the number of vehicles that may be parked on the Property during the Speedway Parking Use. 9.3 Tenant agrees to construct at least fifty percent (50%) of the Park and Recreational Facilities within the first three (3) years of the Term (the "Initial Construction Work"), but reserves the right to construct such other Improvements as Tenant deems necessary 5 Revised Speedway Lease -final Page 95 or desirable in its sole discretion, provided that Tenant shall provide copies of construction plans for any capital facility or building structure Improvements to Landlord for review and approval relative to Landlord's Speedway Parking Use, which approval shall not be unreasonably or untimely withheld. Tenant shall coordinate the Initial Construction Work to allow the Speedway Parking Use during April of each year as otherwise provided herein. Landlord agrees to arrange for alternative parking areas for the Speedway Parking Use for other times of the year during any periods of the Initial Construction Work. The parties agree to coordinate schedules after the Initial Construction Work for the Speedway Parking Use and subsequent construction activities. Notwithstanding any other provision of this Lease, Tenant's obligations to construct any Improvements shall be limited to work on the Property only and Tenant shall not be responsible for constructing any Improvements that are not necessary for the actual operation of the athletic and recreational fields and courts. 9.4 Notwithstanding any other provision of this Lease, Landlord shall be solely responsible for constructing security/safety fencing along a railroad spur that bisects the Property (the "Railroad Spur") and erecting such other barriers as may be required by Tenant to protect the safety of the users, invitees, licensees, and others on the Property using the athletic and recreational facilities, In addition, Landlord shall use its best efforts to limit Railroad Spur train traffic to weekday mornings or weekday nights after 11:00 p.m., PST. Tenant shall not be responsible for any costs or work associated with the Railroad Spur, including any associated relocation of utilities or required security/safety fencing. During the Term, Landlord agrees to obtain Tenant's prior written approval prior to granting any easement, license, or other access right or interest related to the Property or Railroad Spur, including without limitation, construction contracts or utility right of ways. 10. FAITHFUL PERFORMANCE. Tenant shall not suffer or permit any liens to be enforced against the fee simple estate in reversion of Landlord as to the Property and the Improvements thereon, nor against Tenant's leasehold interest, for any reason, including but not limited to by reason of work, labor, services, or materials supplied or claimed to have been supplied to Tenant or anyone holding the Property, or any part thereof, through or under Tenant. 11. MAINTENANCE AND OPERATIONS 11.1 Except as otherwise provided in this Lease, Tenant agrees to assume full responsibility for the construction, operation and maintenance of the Improvements on the Property throughout the Term without expense to Landlord, and to perform all repairs and replacements necessary to maintain and preserve the Improvements on the Property in a clean and safe condition and in compliance with all applicable laws_ Tenant agrees to construct, manage, operate and maintain all interior and exterior improvements, including landscaping, on the Property in good condition and repair (and, as to landscaping, in a healthy condition) and in accordance with all applicable laws, rules, ordinances, orders, and regulations of all federal, Revised Speedway Lease -final 6 Page 96 state, county, municipal, and other governmental agencies and bodies having or claiming jurisdiction and all their respective departments, bureaus, and officials. 11.2 During and following periods of the Speedway Parking Use, Landlord shall be solely responsible for all costs and expenses related to repairing damage to the Property or Improvements that were caused by, arose out of or are in any way related to such use, excepting only normal wear and tear expected from the parking of vehicles. Landlord may elect to make such repairs, or to reimburse Tenant for the cost of making the repairs, provided that the repairs are completed in a timely manner that does not unduly delay or interfere with Tenant providing athletic and/or recreational programs and services on the Property. If Landlord covered up or removed Tenant's sponsor or advertising signs, as described in Section 6.4, Landlord shall within seven (7) after the Speedway Parking Use uncover or restore those item to their original location and visibility. Landlord shall also be responsible for the collection and off-site disposal of all trash found on the Property within forty-eight (48) hours following the completion of the Speedway Parking Use event. 12. ENVIRONMENTAL MATTERS. 12.1 Definitions. For the purposes of this Lease, unless the context otherwise specifies or requires, the following terms shall have the meanings herein specified: (a) The term "Hazardous Materials" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the County of San Bernardino, the State of California, regional governmental authority or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste," "extremely hazardous waste," or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law)), (ii) defined as a "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter -Presley -Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material," "hazardous substance," or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) friable asbestos, (vii) polychlorinated byphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as "hazardous substances" pursuant to Section 311 of the Clean Water Act (33 U.S.C. §13-17), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq. (42 U.S.C. §6903) or (xi) defined as "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §9601 et seq. (b) The term "Hazardous Materials Contamination" shall mean the contamination (whether presently existing or hereafter occurring) of the improvements, facilities, 7 Revised Speedway Lease -final Page 97 soil, groundwater, air or other elements on, in or of the Property by Hazardous Materials, or the contamination of the buildings, facilities, soil, groundwater, air or other elements on, in or of any other property as a result of Hazardous Materials at any time (whether before or after the Date of Lease) emanating from the Property. (c) The term "Governmental Requirements" shall mean all past, present and future laws, ordinances, statutes, codes, rules, regulations, orders and decrees of the United States, the state, the county, the city, or any other political subdivision in which the Property is located, and any other state, county city, political subdivision, agency, instrumentality or other entity exercising jurisdiction over Landlord, Tenant or the Property. 12.2 Landlord's Environmental Indemnity. Landlord shall save, protect, defend, indemnify and hold harmless Tenant and its respective officers, officials, employees, and agents from and against any and all liabilities, suits, actions, claims, demands, penalties, damages (including, without limitation, penalties, fines and monetary sanctions), losses, costs or expenses (including, without limitation, consultants' fees, investigation and laboratory fees, reasonable attorneys' fees and remedial and response costs) (the foregoing are hereinafter collectively referred to as "Liabilities") which may now or in the future be incurred or suffered by Tenant and its officers, officials, employees, or agents by reason of, resulting from, in connection with, or existing in any manner whatsoever as a direct or indirect result of the use, generation, discharge, emission or release from the Property of any Hazardous Materials or Hazardous Materials Contamination prior to the commencement of this Lease, including any Liabilities incurred under any Governmental Requirements relating to such Hazardous Materials or Hazardous Materials Contamination. 12.3 Storage or Handling of Hazardous Materials. Subject to the provisions of this Lease, Tenant shall comply with all Governmental Requirements for the storage, use, transportation, handling and disposal of Hazardous Materials on or about the Property. In the event Tenant does store, use, transport, handle or dispose of any Hazardous Materials, Tenant shall notify Landlord in writing at least ten days prior to their first appearance on the Property. Tenant shall conduct all monitoring activities required or prescribed by applicable Governmental Requirements, and shall, at its sole cost and expense, comply with all posting requirements of Proposition 65 or any other similarly enacted Governmental Requirements. 13. SALE, ASSIGNMENT, SUBLEASE OR OTHER TRANSFER. Tenant may sell, assign, sublease, or otherwise transfer this Lease or any right therein; or make any total or partial sale, assignment, sublease, or transfer in any other mode or form of the whole or any part of the Property or the improvements on the Property (each of which events is referred to in this Lease as an "Assignment"), only upon prior written approval from Landlord. Any attempt to sell, assign, sublease, or otherwise transfer this Lease without the prior written approval of Landlord shall be null and void and shall allow Landlord, in it's sole discretion, to terminate the Lease immediately with no penalty whatsoever. Upon such valid Assignment, Tenant shall be released from any further right or obligation hereunder. 8 Revised Speedway Lease -final Page 98 14. INSURANCE. 14.1 Insurance to be Provided by Tenant. During the Term, except for periods of the Speedway Parking Use, Tenant, at its sole cost and expense, shall: (a) Maintain or cause to be maintained a policy or policies of insurance against loss or damage to the Improvements on the Property, resulting from fire, lightning, vandalism, malicious mischief, and such other perils ordinarily included in extended coverage fire insurance and casualty loss policies. (b) Maintain or cause to be maintained public liability insurance with minimum single limits of Five Million ($5,000,000.00) Dollars per occurrence, to protect against loss from liability for damages on account of personal injury, including death therefrom, suffered or alleged to be suffered by any person or persons whomsoever on or about the Property and the Improvements on the Property, or in connection with the operation thereof, resulting directly or indirectly from any acts or activities of Tenant or its subtenants, or any person acting for Tenant, or under their respective control or direction, and also to protect against loss from liability imposed by law for damages to any property of any person occurring on or about the Property, or in connection with the operation thereof, caused directly or indirectly by or from acts or activities of Tenant of its subtenants, or any person acting for Tenant, or under their respective control or direction. Tenant shall obtain coverage or endorsements for personal injury liability, property and operation, blanket contractual, cross liability, severability of interests, and broad form property damage. (c) Maintain or cause to be maintained Auto Liability Insurance coverage and/or excess umbrella liability for all owned, hired or non -owned vehicles utilized by Tenant with minimum limits of liability of a combined limits of not less than $1,000,000.00 per each occurrence. (d) Maintain or cause to be maintained at least the minimum statutory requirement of Workers' Compensation Insurance including employer's liability insurance. 14.2 Insurance to be Provided by Landlord. During the periods of the Speedway Parking Use, Landlord, at its sole cost and expense, shall: (a) Maintain or cause to be maintained a policy or policies of special event insurance against loss or damage to the Improvements on the Property, resulting from fire, lightning, vandalism, malicious mischief, and such other perils ordinarily included in extended coverage fire insurance and casualty loss policies. (b) Maintain or cause to be maintained public liability insurance with minimum single limits of Five Million ($5,000,000 00) Dollars per occurrence, to protect against loss from liability for damages on account of personal injury, including death, suffered or alleged Revised Speedway Lease -final 9 Page 99 to be suffered by any person or persons whomsoever on or about the Property and the Improvements on the Property, or in connection with the operation thereof, resulting directly or indirectly from any acts or activities of Landlord, or any person acting for Landlord, or under its respective control or direction, and also to protect against loss from liability imposed by law for damages to any property of any person occurring on or about the Property, or in connection with the Speedway Parking Use, caused directly or indirectly by or from acts or activities of Landlord, or any person acting for Landlord, or under its respective control or direction. Landlord shall obtain coverage or endorsements for personal injury liability, property and operation, blanket contractual, cross liability, severability of interests, and broad form property damage. (e) Maintain or cause to be maintained Auto Liability Insurance coverage and/or excess umbrella liability for all owned, hired or non -owned vehicles utilized by Landlord during the Speedway Parking Use with minimum limits of liability of a combined limits of not less than $1,000,000.00 per each occurrence. (f) Maintain or cause to be maintained at least the minimum statutory requirement of Workers' Compensation Insurance including employer's liability insurance. 14.3 General Insurance Provisions. All policies of insurance required to be carried by either Tenant or Landlord under this Lease shall be written by responsible and solvent insurance companies and authorized to do business in the State of California, and shall name, as appropriate, the City of Rancho Cucamonga, International Speedway Corporation, California Speedway Corporation, and their respective shareholders, officers, directors, agents, employees, parent companies, related or affiliated companies, subsidiaries, trustees, receivers, representatives, successors and assigns, as additional insureds. With the other party's prior written approval of the insurance coverage, any insurance required hereunder may be furnished under any blanket policy. A copy of each paid-up policy evidencing such insurance (appropriately authenticated by the insurer) or a certificate of the insurer, certifying that such policy has been issued, providing the coverage required by this Section and containing provisions specified herein, shall be delivered to Landlord prior to the date Tenant is given possession of the Property or as Landlord may otherwise require, and to Tenant prior to the first Speedway Parking Use, and upon renewals, not less than 30 days prior to the expiration of such coverage. Each party may, at any time, and from time to time, inspect and/or copy any and all insurance policies required to be procured hereunder. In no event shall the limits of any policy be considered as limiting the liability of either party under this Lease. Notwithstanding the foregoing, such insurance may be provided from equivalent coverage from a joint powers insurance authority. 14.4 Failure to Maintain Insurance. If either party fails or refuses to procure or maintain insurance as required by this Lease, then the other party shall have the right, but not the obligation, and upon ten days prior notice, to procure and maintain such insurance and charge the other party for the same. The procuring party shall give prompt notice of the payment of such premiums, stating the amounts paid and the name of the insured(s). Revised Speedway Lease -final 10 Page 100 14.5 _Waiver of Subrogation. Each party hereto does hereby waive, remise, release and discharge the other party hereto and any officer, director, shareholder, beneficiary, partner, agent, employee or representative of such other party, of and from any liability whatsoever hereafter arising from loss or damage for which a party has purchased a policy of insurance required hereunder. Each party shall, upon obtaining the policy of insurance required hereunder, give notice to the insurance carrier or carriers that the foregoing mutual waiver of subrogation is contained in this Lease. 15. DAMAGE OR DESTRUCTION. 15.1 Termination. As provided herein, destruction or damage to the Property by fire, windstorm or other casualty, whether insured or uninsured, shall entitle Tenant to terminate this Lease. Landlord and Tenant agree that the terms of this Lease shall govern the effect of any damage to or destruction of the Property with respect to the termination of this Lease and hereby waive the provisions of any present or future statute to the extent it is inconsistent herewith. 15.2 Repair of Damage. (a) Repair of Damage Due to Casualty Covered by Insurance for Partial Destruction. If the Improvements on the Property are partially destroyed by fire or other casualty required to be insured against by Tenant, Tenant shall promptly proceed to obtain the insurance proceeds. The Property shall be deemed partially destroyed if the cost of reconstruction does not exceed 50% of the replacement cost of the Property. Upon adjustment of the loss and delivery of funds, unless Tenant elects to terminate, Tenant shall commence taking the steps necessary to begin reconstruction and shall complete the same as soon as possible. (b) Repair of Damage Due to Casualty Not Covered by Insurance or Following a Total Destruction. If the Improvements on the Property are partially or totally destroyed by a casualty not required to be insured against by Tenant, or if the Improvements on the Property are totally destroyed, then Tenant shall have the right to terminate this Lease. Such election to terminate this Lease shall be made by Tenant within 180 days after the date of the casualty. 15.3 Continued Operations. During any period of repair, Tenant may continue, or cause the continuation of, the operation of the Property, to the extent reasonably practicable. 15.4 Assignment of Insurance Proceeds. If for any reason this Lease is terminated by reason of a casualty, all insurance proceeds covering the Improvements on the Property, or the personal property used in the operation of the Property, shall be the property of Tenant, and Landlord hereby assigns such insurance proceeds to Tenant. 15.5 Insurance Proceeds Resulting, from Loss or Damage to Improvements. All proceeds of insurance with respect to loss or damage to the improvements on the Property during the term of this Lease shall be payable, under the provisions of the policy of insurance, to Tenant, and if Tenant elects not to terminate the Lease, then said proceeds shall constitute a trust fund to be used for the restoration, repair and rebuilding of the improvements on the Property. Revised Speedway Lease -final 1 I Page 101 To the extent that such proceeds exceed the cost of such restoration, repair or rebuilding, then such proceeds shall be retained by Tenant. In the event this Lease is terminated by Tenant and the improvements on the Property are not restored, repaired or rebuilt, the insurance proceeds shall be solely retained by Tenant. 16. EMINENT DOMAIN. In the event that the Property or any part thereof shall be taken for public purposes by condemnation as a result of any action or proceeding in eminent domain, other than by Tenant, then, as between Landlord and Tenant, the interests of Landlord and Tenant in the award and the effect of the taking upon this Lease shall be as follows: 16.1 In the event of such taking of only a part of the Property, leaving the remainder of the Property in such location and in such form, shape and size as to be used effectively and practicably for the conduct thereon of the uses permitted hereunder, this Lease shall terminate and end as to the portion of the Property so taken as of the date title to such portion vests in the condemning authority, but shall continue in full force and effect as to the portion of the Property not so taken. 16.2 In the event of taking of only a part of the Property, leaving the remainder of the Property in such location, or in such form, shape or reduced size as to render the same not effectively and practicably usable, for the conduct thereon of the uses permitted hereunder, this Lease and all right, title and interest thereunder shall cease on the date title to the Property or the portion thereof so taken vests in the condemning authority. 16.3 In the event the entire the Property is taken, this Lease and all of the right, title and interest thereunder, shall cease on the date title to the Property so taken vests in the condemning authority. 16.4 Promptly after a partial taking, at Tenant's expense and in the manner specified in provisions of this Lease related to maintenance, repairs, and alterations, Tenant shall restore the improvements on the Property, to the extent of condemnation proceeds received attributable to the same, so as to place them in a condition suitable for the uses and purposes for which the Property was leased. 16.5 In the event of any taking under subparagraphs 16.1 — 16.4 hereinabove, those portions of any award of compensation attributable to the fair market value of the real estate of the Property or portion thereof taken shall belong to Landlord. That portion of any award attributable to the fair market value of improvements constructed by Tenant, or portion thereof, shall belong to Tenant. In the event of a partial taking, where the Lease remains in effect and Tenant undertakes to restore or repair the improvements on the Property or any portion thereof, then Tenant shall be entitled to any portion of the award attributable to severance damages to the remaining improvements on the Property to the extent necessary to restore or repair the improvements on the Property and any remaining severance damages shall be payable to Landlord. Said award shall be used for the restoration, repair or rebuilding of the improvements 12 Revised Speedway Lease- final Page 102 on the Property to the extent necessary to restore or repair the improvements and any remaining severance damages shall be payable to Tenant. The value of each interest for the purpose of apportionment under this Section shall be the fair market value of such interests at the time of the taking. 16.6 Notwithstanding the foregoing provisions of this Section, Landlord may, in its discretion and without affecting the validity and existence of this Lease, transfer Landlord's interests in the Property in lieu of condemnation to any authority entitled to exercise the power of eminent domain. In the event of such transfer by Landlord, Tenant and Landlord shall retain whatever rights they may have to recover from said authority the fair market value of their respective interests in the improvements on the Property taken by the authority. 16.7 All valuations to be made pursuant to this Article 16 shall be made in accordance with applicable law. 17. OBLIGATION TO REFRAIN FROM DISCRIMINATION. 17.1 There shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the Property and the improvements on the Property, and Landlord and Tenant themselves or any person claiming under or through them shall not establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, subtenants, or vendees thereof or any portion thereof, or in the providing of goods, services, facilities, privileges, advantages and accommodation 17.2 Tenant shall refrain from restricting the rental, sale, or lease of the Property and the improvements on the Property, or any portion thereof, on the basis of race, color, creed, religion, sex, marital status, ancestry, or national origin of any person. All such leases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: In Leases: "The Tenant herein covenants by and for itself, its heirs, executors, administrators and assigns, and all persons claiming under or through it, and this lease is made and accepted upon and subject to the following conditions: "That there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, marital status, national origin, or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the Property herein leased nor shall the Tenant itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or 13 Revised Speedway Lease -final Page 103 occupancy, of tenants, lessees, sublessees, subtenants, or vendees in the Property herein leased." In Contracts: "There shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall the transferee itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use of occupancy of tenants, lessees, sublessees, subtenants or vendees of the Property." 18. NONDISCRIMINATION IN EMPLOYMENT. Landlord and Tenant, for themselves and their successors and assigns, agree that during the operation of the improvements provided for in this Lease, during the Speedway Parking Use, and during any work of repair or replacement, Landlord and Tenant shall not discriminate against any employee or applicant for employment on the basis of any category or status not permitted by law. 19. LABOR STANDARDS. Landlord and Tenant shall comply, and require all contractors and subcontractors employed pursuant to this Lease, to comply with all applicable labor standards provisions of the California Labor Code and federal law, including, without limitation, payment of public bidding requirements and prevailing wages, if applicable. 20. COMPLIANCE WITH LAW. 20.1 Except for periods of the Speedway Parking Use as provided in section 21.2, Tenant agrees, at its sole cost and expense, to comply and secure compliance with all the requirements now in force, or which may hereafter be in force, of all municipal, county, state and federal authorities, pertaining to the Property and the Improvements thereon, as well as operations conducted thereon, and to faithfully observe and secure compliance with, in the use of the Property and the Improvements thereon all applicable county and municipal ordinances and state and federal statutes now in force or which may hereafter be in force, and to pay before delinquency all taxes, assessments, and fees, if any, assessed or levied upon Tenant or the improvements on the Property, including the land and any buildings, structures, machines, appliances or other improvements of any nature whatsoever, erected, installed or maintained on the Property or by reason of the business or other activities of Tenant upon or in connection with the Improvements on the Property. Revised Speedway Lease -final 14 Page 104 20.2 During periods of the Speedway Parking Use, Landlord agrees, at its sole cost and expense, to comply and secure compliance with all the requirements now in force, or which may hereafter be in force, of all municipal, county, state and federal authorities, pertaining to the Property and the Speedway Parking Use operations conducted thereon, and to faithfully observe and secure compliance with, in the use of the Property for the Speedway Parking Use, all applicable county and municipal ordinances and state and federal statutes now in force or which may hereafter be in force, and to pay before delinquency all taxes, assessments, and fees, if any, assessed or levied upon Landlord for the Speedway Parking Use of the Property, or by reason of the business or other activities of Landlord upon or in connection with the Speedway Parking Use on the Property. 21. EVENTS 4F DEFAULT AND REMEDIES. 21.1 Events of Default.. A failure to perform any provision, covenant or warranty of this Lease on the part of Tenant or Landlord to be performed, shall be a default hereunder. If any default occurs, then the non -defaulting party shall serve written notice of such default upon the defaulting party. The defaulting party shall commence and diligently thereafter pursue the curing of said default within 30 days after receipt of a notice of such default from the non - defaulting party specifying the default; provided, however, if such cure cannot reasonably be effected with such 30 day period, such failure shall not be an Event of Default so long as the defaulting party promptly (in any event, within 30 days after such notice is given) commences a cure, and thereafter diligently prosecutes such cure to completion, and such cure is completed in any event within 180 days after the notice of default. If the defaulting party does not so cure any default in accordance with, and within the cure periods specified in, this Section after receipt of a notice of default by the non -defaulting party, then an Event of Default shall be deemed to have occurred. Upon the occurrence of an Event of Default, the non -defaulting party may pursue its remedies in accordance with this Lease for such Event of Default. 21.2 Event of Default by Tenant. Upon the occurrence of an Event of Default by Tenant, Landlord's sole right and remedy in the event of default shall be to terminate this Lease by written notice to Tenant. Except for a claim based on the willful misconduct or intentional action of Tenant, termination of this Lease shall relieve and release Tenant from any obligation incurred pursuant to this Lease prior to the date of such termination and shall relieve and release Tenant from any obligation to pay any sum due to Landlord or from any claim for damages against Tenant. 21.3 Event of Default by Landlord. Upon the occurrence of an Event of Default by Landlord, Tenant may either: (i) institute an action at law to seek damages and/or in equity to seek mandamus or specific performance of the terms of this Lease, or (ii) terminate this Lease by delivering written notice thereof to Landlord. 21.4 Cumulative Remedies. Except as otherwise expressly stated in this Lease, the rights and remedies of Tenant are cumulative, and the exercise by Tenant of one or more of such rights or remedies shall not preclude the exercise by it, at the same time or different times, of any other rights or remedies for the same default or any other default by Landlord. Any failures or 15 Revised Speedway Lease -final Page 105 delays by Tenant in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies, or deprive Tenant of its rights to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. 21.5 Nonwaiver. Failure of either party to declare any default or delay in taking any action in connection therewith shall not waive such default. 22. MISCELLANEOUS. 22.1 Governing_ Law. The laws of the State of California shall govern the interpretation and enforcement of this Lease. 22.2 Legal Actions. In addition to any other rights or remedies, either party may institute legal action to cure, correct or remedy any default, to recover damages for any default, or to obtain any other remedy consistent with the purpose of this Lease. Such legal actions must be instituted in the Superior Court of San Bernardino County, State of California, in any other appropriate court in that County, or in the Federal District Court in the District of California in which the Property is located. 22.3 Acceptance of Service of Process. In the event that any legal action is commenced by Landlord against Tenant, service of process on Tenant shall be made by personal service upon the City Clerk or City Attorney of Tenant, or in such other manner as may be provided by law. In the event that any legal action is commenced by Tenant against Landlord, service of process on Landlord shall be made by in any manner as may be provided by law, and shall be effective whether made within or without the State of California. 22.4 Attorneys' Fees And Court Costs. In the event that either Landlord or Tenant shall bring or commence an action to enforce the terms and conditions of this Lease or to obtain damages against the other party arising from any default under or violation of this Lease, the prevailing party shall be entitled to and shall be paid reasonable attorneys' fees, expert witness fees, and court costs, in addition to whatever other relief such prevailing party may be entitled. 22.5 Notices. All notices, statements, demands, requests, consents, approvals, authorizations, offers, agreements, appointments or designations hereunder by either party to the other shall be in writing and shall be given either by (i) personal service, (ii) delivery by reputable document delivery service that provides a receipt showing date and time of delivery, or (iii) mailing in the United States mail, certified or registered mail, return receipt requested, postage prepaid, and addressed as follows: Landlord: California Speedway Corporation C/o Bill Miller, President 4300 Cherry Ave. 16 Revised Speedway Lease -final Page 106 Fontana, CA 92335 Telephone: 909-429-5000 Facsimile: 909-429-5500 With a copy to: International Speedway Corporation C/o W. Garrett Crotty, Esq. 1801 W. International Speedway Blvd. Daytona Beach, FL 32114 Telephone: 386-254-2700 Facsimile: 386-947-6884 Tenant: City of Rancho Cucamonga 10500 Civic Center Drive Post Office Box 807 Rancho Cucamonga, CA 91729-0807 Telephone: (909) 477-2700 Facsimile: (909) 477-2846 Attention: City Manager With a copy to: Richards, Watson & Gershon A Professional Corporation Number One Civic Center Circle P.O. Box 1059 Brea, California 92822-1059 Attention: James L. Markman Telephone: (714) 990-0901 Facsimile: (714) 990-6230 or to such other address as either party shall later designate for such purposes by written notice to the other party. Notices personally delivered or delivered by document delivery service shall be effective upon receipt; provided, however that refusal to accept delivery shall constitute receipt. Mailed notices shall be effective as of Noon on the third business day following deposit with the United States Postal Service. Any notices attempted to be delivered to an address from which the receiving party has moved without notice to the delivering party shall be effective as of Noon on the third day after the attempted delivery or deposit in the United States mail. 22.6 Time is of the Essence. Time is of the essence in the performance of the terms and conditions of this Lease. 22.7 Nan -Merger of Fee And Leasehold Estates. If both Landlord's and Tenant's estates in the Property, the improvements on the Property, or both, become vested in the same owner, this Lease shall nevertheless not be destroyed by application of the doctrine of merger 17 Revised Speedway Lease -final Page 107 except at the express election of Landlord. The expiration or termination of this Lease, or voluntary or involuntary surrender by Tenant, or the mutual cancellation of this Lease, shall not work as a merger and shall, at the option of Landlord, terminate all or any existing tenancies, subleases, or subtenancies or may, at the option of Landlord, operate as an assignment to Landlord of any or all such existing subleases or subtenancies. 22.8 Holding Over. The occupancy of the Property after the expiration of the Term of this Lease shall be construed to be a tenancy from month to month, and all other terms and conditions of this Lease shall continue in full force and effect. 22.9 Conflict of Interest. No member, official or employee of Tenant shall have any personal interest, direct or indirect, in this Lease nor shall any such member, official or employee participate in any decision relating to the Lease which affects his personal interests or the interests of any corporation, partnership or association in which he is directly or indirectly interested. Landlord warrants that it has not paid or given, and will not pay or give, any third party any money or other consideration for obtaining this Lease. 22.10 Non -Liability of Landlord and Tenant Officials And Employ. No member, official, officer, employee, agent, or representative of Landlord shall be personally liable to Tenant, or any successor in interest, in the event of any default or breach by Landlord for any amount which may become due to Tenant or successor or on any obligations under the terms of this Lease. No member, official, officer, employee, agent, or representative of Tenant shall be personally liable to Landlord, or any successor in interest, in the event of any default or breach by Tenant or for any amount which may become due to Landlord or successor or on any obligations under the terms of this Lease. 22.11 Relationship. The relationship between the parties hereto shall at all times be deemed to be that of landlord and tenant. The parties do not intend nor shall this Lease be deemed to create a partnership or joint venture. 22.12 Waivers And Amendments. All waivers of the provisions of this Lease and amendments hereto must be in writing and signed by the appropriate authorities of Landlord or Tenant. The waiver by either party of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition, or any subsequent breach of the same or any other term, covenant or condition herein contained. Failure on the part of either party to require or exact full and complete compliance with any of the covenants or conditions of this Lease shall not be construed as in any manner changing the terms hereof and shall not prevent a party from enforcing any provision hereof. 22.13 Entire Agreement. This Lease sets forth the entire understanding of the parties with respect to Tenant's lease of the Property. 22.14 Counterparts. This Lease may be executed in counterparts, each of which, when this Lease has been signed by all the parties hereto, shall be deemed an original. 18 Revised Speedway Lease -final Page 108 22.15 Severability. If any provision of this Lease or the application thereof to any person or circumstances shall be invalid or unenforceable to any extent, the remainder of this Lease and the application of such provisions to other persons or circumstances shall not be affected thereby and shall be enforceable to the greatest extent permitted by law. 22.17 Terminology. All personal pronouns used in this Lease, whether used in the masculine, feminine, or neuter gender, shall include all other genders; the singular shall include the plural, and vice versa. Titles of sections are for convenience only, and neither limit nor amplify the provisions of the Lease itself. 22.18 Recordation. A short form memorandum of this Lease, in the form attached hereto as Exhibit C and made a part hereof, shall be recorded within 30 days after the time the Lease has been signed by all the parties hereto. 22.19 Binding Effect. This Lease, and the terms, provisions, promises, covenants and conditions hereof, shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. 22.20 Force Majeure. The time within which Landlord or Tenant is obligated herein to perform any obligation hereunder, other than an obligation that may be performed by the payment of money, shall be extended and the performance excused when the delay is caused by fire, earthquake or other acts of God, strike, lockout, acts of public enemy, riot, insurrection or other cause beyond the reasonable control of the applicable party. 22.21 Quiet Enjoyment. Landlord does hereby covenant, promise and agree to and with Tenant that Tenant, for so long as Tenant is not in default hereof, shall and may at all times peaceably and quietly have, hold, use, occupy and possess the Property throughout the Term. 22.22 No Agency Created. In performing this Agreement, Tenant is an independent contractor and not the agent of Landlord. Landlord is not the agent of Tenant. Landlord shall not have any responsibility whatsoever for payment to any contractor or supplier of Tenant. Tenant shall not have any responsibility whatsoever for payment to any contractor or supplier of Landlord. [end - signature page follows] 19 Revised Speedway Lease -final Page 109 IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed by their lawfully authorized officers. Date: ATTEST: 4ity8le�rrk L APPROVED AS TO FORM: Richards, Watson & Gershon, a professional corporation, Landlord: CALIFORNIA SPEEDWAY CORP., a Delaware Corporation By: Title: Date: By: --3 Title: Date: /-,5/- TENANT: -3l- TENANT: CITY OF RANCHO CUCAMONGA, a By. ---- -- -_— - — - - Page 110 IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed by their lawfully authorized officers. Landlord: CALIFORNIA SPEEDWAY CORP., a Delaware Corporation By: Title:--- Date:— By: itle:_Date: By: Title: Date: TENANT: CITY OF RANCHO CUCAMONGA, a municipal corporation Date: ATTEST: City Clerk APPROVED AS TO FORM: Richards, Watson & Gershon, a professional corporation, Page 111 •�1 DATE: November 7, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillion, City Manager INITIATED BY: Jennifer Hunt Gracia, Community Services Director Ashley Wysocki, Community Services Superintendent SUBJECT: CONSIDERATION OF A REQUEST FROM THE FRIENDS OF THE PACIFIC ELECTRIC TRAIL FOR CITY PARTNERSHIP WITH THEIR ANNUAL PACIFIC ELECTRIC CHALLENGE, FORMALLY NAMED THE CUCAMONGA CHALLENGE, TO BE HELD ON MAY 18, 2019. RECOMMENDATION: Staff recommends the City Council approve a request from the Friends of the Pacific Electric Trail, a non- profit group, to partner with the Community Services Department to produce the Pacific Electric Challenge event. The partnership includes use of City facilities for monthly planning meetings and the event, use of event equipment, staff and marketing support for the 14th Annual Pacific Electric Challenge to be held on May 18, 2019. BACKGROUND: I n October 2012, the City Council first approved a request submitted by the Friends of the Pacific Electric Trail for equipment and marketing support for the Annual Cucamonga Challenge (formerly the Bike-A- Thon). Subsequent partnerships were granted annually since 2013. The Challenge starts at the Central Park Pacific Electric Trail trailhead. Walkers, runners and cyclists turned out for a very successful day, which include a family ride on the trail and 35 mile fun ride, along with various sponsor booths. In 2015 the Friends of the Pacific Electric Trail added a timed 5K and 10K to the already existing 35 mile bike ride, 8 mile bike ride and 1 mile fun run. In 2017 the event evolved once again. Runners still had the option of a timed 5K and 1 OK while bikers had the choice of a 25 or 50 mile bike ride. Since 2008, the Friends of the Pacific Electric Trail have actively raised and secured funds to provide to the City for trail rest stop improvements, trail head enhancements and rehabilitation efforts for the Etiwanda Depot. The City has recently received a written request from the Friends of the Pacific Electric Trail to once again partner with them, assisting with equipment and staffing needs and marketing for the Pacific Electric Challenge event in May 2019. The event is held as a fundraiser for the Pacific Electric Trail with the intent, once again, for funds to be utilized for maintenance and improvements of the Trail. ANALYSIS: The specific requests from the Friends of the Pacific Electric Trail that staff would like City Council to approve are as follows: The City will provide the following services and waive the listed City fees: Page 112 • Exposure on the City/Community Services Website, RCpark.com • Distribution of event flyers at City facilities • The City will add the Cucamonga Challenge to the Winter and Spring 2018 Grapevine • Mention on the City's RCTV Channel 3 • Street Banner allocation on Base Line Road • Electronic Billboard advertising on the 115 and Archibald locations • City consideration of the addition of a beer garden in a secured area at Central Park • Friends of PE Trail will secure and pay for appropriate licensing and insurance • City to provide and pay for law enforcement security for monitoring of beer garden • City to assist the Friends of the Pacific Electric Trail with obtaining someone to film the event • City to waive all fees associated with obtaining a Temporary Use Permit • Coverage for the Cucamonga Challenge event under the Cities event insurance • City to open all City and County gates along the trail for the duration of the event. • City to provide a room at Central Park for the planning of the event • Second Wednesday of every month, 7:00 p.m. — 8:45 p.m. • Two (2) additional days per month in April and May 2019 • Secured room Thursday May 16, 2019 at opening — Saturday, May 18th until 3:30pm. • Use of electronic road signs at Central Park prior to the event • Use of Pavilion and special event grass area on event day • City to sweep the route prior to the event • Use of City event equipment such as EZ -Ups, tables, and chairs • Two to three staff to support the event • Traffic Cones and sandbags to use on event day • City to assist with recruitment of volunteers for the event The Friends of the Pacific Electric Trail are responsible to secure and fund: • Delivery and pick up of portable restrooms • Securing the trash containers • Bike valet • Administration and registration of all race participants • Participant food and beverage • Raffle prizes for participants • Volunteer staff to compliment City volunteers • Remote water stops for participants • Booth space to City groups such as Community Services and Healthy RC programs FISCAL IMPACT: The fiscal impact to the City for staff support, event equipment and marketing support will not exceed $4,570. The Friends have contributed financial support to complete trail improvements of $80,000 since 2008. COUNCIL GOAL(S) ADDRESSED: This event will further the City Council goal of enhancing premier community status by offering a unique event to the region. There are very few races that include both biking and running as individual events, providing more opportunities for our community to live healthy lives. ATTACHMENTS: Description 2019 Cucamonga Challenge Request Letter Page 113 Friends of the Pacific Electric Trail, a 501(c)(3) Non Profit Community Organization July 31, 2018 City of Rancho Cucamonga Ms. Jennifer Hunt Garcia, CSD Director RE: Friends of the Pacific Electric Trail 14th Annual Pacific Electric Challenge — Saturday, May 18, 2019 Dear Jennifer, On behalf of the Friends of the Pacific Electric Trail, we wish to convey our appreciation for your continued support and participation with next year's 14`x' Annual Pacific Electric Challenge on Saturday, May 18, 2019. Our event occurs at the end of "National Bike to Work Week", which also compliments the Healthy RC initiative. 2019 marks an important milestone where we are re -branding "The Challenge" as the "Pacific Electric Challenge" to match our name and mission to promote healthy, active lifestyles in the I.E. using the Regional Pacific Electric Trail. Our long-term vision is to have The Pacific Electric Challenge (aka PE Challenge) to be a premier destination event that promotes travel and tourism here in Rancho Cucamonga. We are looking forward to collaborating with your department to achieve another successful event. We anticipate over 500 participants in 2019 and we need the most assistance with equipment and marketing exposure from the City. Marketing Exposure: 1. We would like a mention in the City/Community Services Website, (RCPARK.COM). 2. Mention in the RCpark Newsletter. 3. The ability to print & distribute flyers at City community centers and city facilities. 4. A mention in the Grapevine (Winter & Spring 2018). 5. Mention on the City's RCTV Channel 3 (Max). 6. Assistance with contacting Charter TV to inquire about possibly filming this event. 7. City of Rancho Cucamonga to approve a secured area at Central Park for a Beer Garden to increase Sponsorship and Community participation for our fundraising efforts that support the Trail and Etiwanda Depot Restoration efforts a. Friends of the PE Trail will secure appropriate licensing and insurance b. City of Rancho Cucamonga to provide law enforcement security and monitoring of the beer garden 8. City of Rancho Cucamonga to waive the fees associated with the Temporary Use Permits. 9. Coverage for The Challenge under the cities event insurance. 10. Opening of all city and county gates along the trail for the duration of the event. This will facilitate cyclists and runners heading west and looping back to Central Park from the East. 11. Meeting room at Central Park for planning this event — a. The second Wednesday of every month —7:00 — 8:45 p.m. b. (2) additional days per month in April/May 2019 at Central Park: c. A secured room at Central Park preferably on the Senior Center Side closest to the trail on the following days: i. Thursday, May 16, 2019 opening — until closing: staging & goody bag stuffing PO Box 9461 1 Rancho Cucamonga, CA 91701 1 Tax ID# 83-0415924 1 www.PEtrail.org Page 1 of 2 Page 114 Friends of the Pacific Electric Trail, a 501(c)(3) Non Profit Community Organization ii. Friday, May 17, 2019 opening — until closing: Race Packet Pick -Up. iii. Saturday, May 18, 2019 4:30AM — unti13:30PM: Race Day 12. Street Banner - Cucamonga Challenge at reduced rate across Archibald and Base Line. 13. Electronic billboard advertising on the I-15 Frwy and Archibald/Foothill Blvd intermittently beginning in January 2019 and rotate in short 2 -week promotions in January, March, April & May to generate early interest. 14. Coordinate logistics for event day volunteers. 15. 1-2 Electronic road sign entering Central Park, five (5) days prior to event on Baseline @ Central Park. 16. Collaboration on local newspaper coverage prior to the event. 17. Full use of the Pavilion at Central Park to provide refreshments to our participants. 18. Street sweeping and trail sweeping to be completed before Friday, May 17, 2019. Equipment Requests: 1. E -Z Up canopies: (15-20) 10x10 and (1) 10x20. 2. Tables (20). 3. Chairs (40). 4. PA system. 5. Staffing support (2-3), as well as volunteers (25-30) to assist in set-up. 6. Raffle Wheel (Red). 7. Traffic Cones for finish line and 2nd lap directional chute. The Friends will secure and provide: 1. Delivery and pick up of Port -o -Pots for the event. 2. Trash containers and plastic bags. 3. Bike Valet. 4. Breakfast for paid participants. 5. Grand prizes and raffle prizes for PE Challenge participants. 6. Volunteer staff to compliment volunteers from City. Remote water stops for 25 mile & 50 mile bike rides and for runners at Central Park. Friends of the PE Trail will provide a booth for the City to hand out Healthy RC programs. Thank you for your continued support of this most important community event. We are delighted to continue collaborating with the city on the annual Pacific Electric Challenge. Please contact me with your ideas of how we can work together to make this the most successful event ever! I can be reached at gregory.wright@petrail.org. See you on the Trail! 1 11 ZtI I � J. Gregory Wtight — 2019 Pacific Electric Challenge Chairman E. gregory.wright@petrail.org PO Box 9461 1 Rancho Cucamonga, CA 91701 1 Tax ID# 83-0415924 1 www.PEtrail.org Page 2 of 2 Page 115 •�1 DATE: November 7, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Julie A. Sowles, Library Director SUBJECT: CONSIDERATION TO ACCEPT AND TO ALLOCATE $18,000 AWARDED BY THE CALIFORNIA STATE LIBRARY TO DIRECTLY SUPPORT THE ADULT LITERACY TUTORING PROGRAM. RECOMMENDATION: Staff recommends the City Council approve and allocate $18,000 received from the California State Library for the "California Library Literacy Services" grant. BACKGROUND: As part of carrying out its mission to support life-long learning, the Rancho Cucamonga Public Library offers adults literacy tutoring. This literacy tutoring is done on a one-to-one basis, utilizing trained volunteers. ANALYSIS: Approval of these grant funds will help pay for a part-time employee to help administer the adult literacy tutoring program, train and schedule volunteers, and screen applicants for the program. FISCAL IMPACT: This grant provides additional funds from the California State Library, and will be added as new revenue to the FY 2018-2019 budget. Although these funds do not fully cover the costs to administer the adult literacy tutoring program, the Library has historically received them, and therefore projects service assumptions based upon their forthcoming receipt. This grant does not require any additional City matching funding. Funds from this grant will be placed into Library revenue account 1290000-4740/0-3730 and appropriated into Library expenditure accounts in the following manner: 1290603-5010/0-3730 Part-time Salaries $ 8,700 1290603-5010/0-3730 Fringe Benefits $ 1,300 1290603-5200/0-3730 Operations & Maintenance $ 8,000 COUNCIL GOAL(S) ADDRESSED: Providing superior Library Services to the citizens of Rancho Cucamonga enhances the overall quality of Page 116 life in Rancho Cucamonga. It also directly enhances the City's position as the premier community in our region and fully supports other city-wide initiatives such as Healthy RC. Page 117 •�1 DATE: TO: FROM: INITIATED BY SUBJECT: November 7, 2018 Mayor and Members of the City Council John R. Gillison, City Manager Lori Sassoon, Deputy City Manager/Administrative Services Tamara L. Layne, Finance Director Noah Daniels, Finance Manager CONSIDERATION OF INTENTION TO ESTABLISH THE RESORT AT EMPIRE LAKES COMMUNITY FACILITIES DISTRICT NO. 2018-01 OF THE CITY OF RANCHO CUCAMONGA AND TO AUTHORIZE THE LEVY OF SPECIAL TAX THROUGH THE ADOPTION OF RESOLUTIONS. RECOMMENDATION: It is recommended that the City Council adopt the resolution declaring the City of Rancho Cucamonga's intention to establish The Resort at Empire Lakes Community Facilities District No. 2018-01 of the City of Rancho Cucamonga (the "District") and to authorize the levy of a special tax through the adoption of Resolutions to finance the public services and the administration of the District. BACKGROUND: Empire Lakes Holding Company, LLC, and SC Development Corporation, collectively, own ten parcels (Assessor Parcel Numbers 0210-102-01-0-000 thru 0210-102-10-0-000) (collectively the "Landowners") west of Milliken Avenue, between 6th and 4th Streets, and east of Cleveland Avenue, at the site of the former Empire Lakes golf course. In May 2016, the City Council approved the project, marketed as "The Resort," which proposes up to 3,450 residential for -sale and rental units, as well as non-residential uses, such as light retail, commercial services, recreation amenities and a community center upon completion. The Resort at Empire Lakes Community Facilities District No. 2018-01 of the City of Rancho Cucamonga will encompass the first phase of this development project. ANALYSIS: The City was approached by the Landowners regarding the formation of the District for financing certain types of services including, but not limited to, street maintenance, public safety improvements, storm drains, traffic signals and public right-of-way maintenance within and in the area of the proposed District, as well as the increased level of service and maintenance for public trails, landscaped areas, parkways, medians and parks and recreation improvements as a result of the development. Establishing the District ensures that the development will be self-sufficient financially by providing funding for the maintenance and improvements specific to the development, so that it does not create a new fiscal burden or adversely impact existing city services. Page 118 The first step in the process to establish the District is to approve, in a specific order, the resolution approving the boundary map, the resolution of intention to establish the District and the resolution ordering and directing the preparation of a report for the District. The next step is to conduct a public hearing and an election of the qualified electors, which in this case is the Landowners. Per the resolution of intention, this public hearing and election would be set for December 19, 2018. Following is a brief description of each of the resolutions to be approved by the City Council: • The resolution approving the boundary map describes the territory of the boundaries of the proposed District, which are ten parcels (Assessor Parcel Numbers 0210-102-01-0-000 thru 0210-102-10-0-000) located west of Milliken Avenue, between 6th and 4th Streets and east of Cleveland Avenue. • The resolution of intention to establish the District accomplishes the following: 1) describes the types of services that will be financed with the special taxes; 2) describes the rate and method of apportionment of the special taxes to be levied on the properties within the District, which will increase the allowable maximum special tax annually by a minimum of two percent (2%) to a maximum of six percent (6%), determined on an annual basis, as needed to satisfy the Special Tax Requirement; and 3) calls for a public hearing to be held on December 19, 2018, at 7 p.m. in the City Council Chambers. • The resolution ordering and directing the preparation of a report for the District will result in a report containing a complete description of public services, estimated costs and particulars on the rate and method of apportionment of special taxes. Prior to the public hearing, a public notice must be published in a local paper and will be mailed to the landowners. FISCAL IMPACT: The District is being established to be self-sufficient financially. The special tax revenues proposed to be levied on the properties within the boundary of the District will offset the cost of providing services to the District. These costs include maintenance and improvements within the boundary of the District, as well as the increased level of services and maintenance to existing public facilities and improvements due to the new development. COUNCIL GOAL(S) ADDRESSED: This item addresses the City Council's goal to undertake projects to enhance the City's position as the premiere community in our region. ATTACHMENTS: Description Resolution - Approving Boundary Map Resolution - Intention to Form CFD Resolution - Ordering CFD Report Page 119 RESOLUTION NO. 18-104 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A BOUNDARY MAP SHOWING THE BOUNDARIES OF THE TERRITORY PROPOSED FOR THE INCLUSION IN PROPOSED THE RESORT AT EMPIRE LAKES COMMUNITY FACILITIES DISTRICT NO. 2018-01 OF THE CITY OF RANCHO CUCAMONGA WHEREAS, the City Council of the City of Rancho Cucamonga, California ("City Council'), in response to a petition received from the owner of certain property located within the City of Rancho Cucamonga identified as Assessor Parcel Numbers 0210-102-01-0-000, 0210-102-02-0-000, 0210-102-03-0-000, 0210-102-04-0-000, 0210-102-05-0-000, 0210-102-06-0-000, 0210-102-07-0-000, 0210-102-08-0-000, 0210-102-09-0-000, and 0210-102-10-0-000, included within The Resort at Empire Lakes Community Facilities District No. 2018-01 of the City of Rancho Cucamonga, desires to initiate proceedings to create a Community Facilities District pursuant to the terms and provisions of the "Mello - Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"). This Community Facilities District shall hereinafter be designated as THE RESORT AT EMPIRE LAKES COMMUNITY FACILITIES DISTRICT NO. 2018-01 OF THE CITY OF RANCHO CUCAMONGA (the "District"); and, WHEREAS, there has been submitted a map showing the boundaries of the territory proposed for inclusion in the District including properties and parcels of land proposed to be subject to the levy of a special tax by the District. NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED by the City Council of the City of Rancho Cucamonga as follows: Recitals. The above recitals are all true and correct. 2. Boundary Map. The map designated as "BOUNDARIES OF THE RESORT AT EMPIRE LAKES COMMUNITY FACILITIES DISTRICT NO. 2018-01 OF THE CITY OF RANCHO CUCAMONGA" submitted to the City Council showing the boundaries of the territory proposed for inclusion in the District including properties and parcels of land proposed to be subject to the levy of a special tax by the District is hereby approved. 3. Filing of Boundary Map. A certificate shall be endorsed on the original and on at least one (1) copy of the map of the District, evidencing the date and adoption of this Resolution, and within fifteen (15) days after the adoption of the Resolution fixing the time and place of the hearing on the formation or extent of such District, a copy of such map shall be filed with the correct and proper endorsements thereon with the County Recorder, all in the manner and form provided for in Sections 3110 and 3111 of the Streets and Highways Code of the State of California. Resolution No. 18-104 - Page 1 of 3 ATTACHMENT 4%ge 120 PASSED, APPROVED, and ADOPTED this 7th day of November, 2018. 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 held on the 7th day of November, 2018. Executed this day of , 2018, at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk Resolution No. 18-104 - Page 2 of 3 ATTACHMENT #%ge 121 MAP OF PROPOSED BOUNDARIES OF CITY OF RANCHO CUCAMONGA THE RESORTAT EMPIRE LAKES COMMUNITY FACILITIES DISTRICT NO. 2018-01 OF THE CITY OF RANCHO CUCAMONGA CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA N A Miles 0 0.05 0.1 D.2 .. _ 0 a 0.5 SHEET 1 OF 1 FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF RANCHO CUCAMONGA THIS DAY OF , 2018 CRY CLERK CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO. CALIFORNIA I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING THE PROPOSED BOUNDARIES OF THE CITY OF RANCHO CUCAMONGA THE RESORTAT EMPIRE LAKES COMMUNITY FACILITIES DISTRICT NO.201M1 OF THE CITY OF RANCHO CUCAMONGA, CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, AT A MEETING THEREOF, HELD ON THE DAY OF 2018, BY ITS RESOLUTION NO. CRY CLERK CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO, CALIFORNIA THIS MAP HAS BEEN FILED UNDER DOCUMENT NUMBER THIS DAY OF 2D_ AT M, IN BOOK OF ATPAGE ,AT THE REQUEST OF BOB DUTTON, ASSESSOR-RECORDER-COl1NTY CLERK COUNTY OF SAN BERNARDINO. CALIFORNIA IN THE AMOUNT OFS FOR PARTICULARS OF THE LINES AND DIMENSIONS OF ASSESSOR PARCELS, REFERENCE IS MADE TO THE MAPS OF THE ASSESSOR, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA. Source: City ofRwict. Cuc -W GIS Geographic Coordmte Reference: GCS Nath Ane ri 1961 Pn*K0m NAD 198.1 StafePlane Caiffli a V FIPS 0405 Feet LEGEND Parcel Boundary District Parcels Parcels Resolution No. 18-104 - Page 3 of 3 Page 122 ATTACHMENT #01 6711 ST 4TH Sr mm® N A Miles 0 0.05 0.1 D.2 .. _ 0 a 0.5 SHEET 1 OF 1 FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF RANCHO CUCAMONGA THIS DAY OF , 2018 CRY CLERK CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO. CALIFORNIA I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING THE PROPOSED BOUNDARIES OF THE CITY OF RANCHO CUCAMONGA THE RESORTAT EMPIRE LAKES COMMUNITY FACILITIES DISTRICT NO.201M1 OF THE CITY OF RANCHO CUCAMONGA, CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, AT A MEETING THEREOF, HELD ON THE DAY OF 2018, BY ITS RESOLUTION NO. CRY CLERK CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO, CALIFORNIA THIS MAP HAS BEEN FILED UNDER DOCUMENT NUMBER THIS DAY OF 2D_ AT M, IN BOOK OF ATPAGE ,AT THE REQUEST OF BOB DUTTON, ASSESSOR-RECORDER-COl1NTY CLERK COUNTY OF SAN BERNARDINO. CALIFORNIA IN THE AMOUNT OFS FOR PARTICULARS OF THE LINES AND DIMENSIONS OF ASSESSOR PARCELS, REFERENCE IS MADE TO THE MAPS OF THE ASSESSOR, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA. Source: City ofRwict. Cuc -W GIS Geographic Coordmte Reference: GCS Nath Ane ri 1961 Pn*K0m NAD 198.1 StafePlane Caiffli a V FIPS 0405 Feet LEGEND Parcel Boundary District Parcels Parcels Resolution No. 18-104 - Page 3 of 3 Page 122 ATTACHMENT #01 RESOLUTION NO. 18-105 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH THE RESORT AT EMPIRE LAKES COMMUNITY FACILITIES DISTRICT NO. 2018-01 OF THE CITY OF RANCHO CUCAMONGA AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE THE PROVISIONS OF CERTAIN PUBLIC SERVICES WHEREAS, the City Council of the City of Rancho Cucamonga (the "City Council'), in response to a petition received from the owners of certain property located within the City of Rancho Cucamonga identified as Assessor Parcel Numbers 0210-102-01-0-000, 0210-102-02-0-000, 0210-102-03-0-000, 0210-102-04-0-000, 0210-102-05-0-000, 0210-102-06-0-000, 0210-102-07-0-000, 0210-102-08-0-000, 0210-102-09-0-000, and 0210-102-10-0-000 requesting that the City Council initiate proceedings to consider the formation of a Community Facilities District, desires to initiate such proceedings pursuant to the terms and provisions of the "Mello -Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act") to finance the provision of certain public services; and WHEREAS, pursuant to such petition the City Council desires to initiate proceedings to consider the formation of such Community Facilities District which shall hereinafter be referred to as THE RESORT AT EMPIRE LAKES COMMUNITY FACILITIES DISTRICT NO. 2018-01 OF THE CITY OF RANCHO CUCAMONGA (the "District"); and, WHEREAS, this City Council is now required to proceed to adopt its Resolution of Intention to initiate the proceedings for the establishment of such District, to set forth the boundaries for such District, to indicate the type of public services proposed to be financed by such District, to indicate the rate and apportionment of a special tax sufficient to finance the public services and the administration of the District, to set a time and place for a public hearing relating to the establishment of such District; and WHEREAS, a map of such District (the "Boundary Map") has been submitted to the City Council showing the boundaries of the territory proposed for inclusion in the District including properties and parcels of land proposed to be subject to the levy of a special tax by the District, and such map has been previously approved by this City Council. NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED by the City Council of the City of Rancho Cucamonga as follows: Recitals. The above recitals are all true and correct. 2. Initiation of Proceedings. These proceedings are initiated by this City Council pursuant to the authorization of Section 53318 of the Government Code of the State of California. 3. Boundaries of District. It is the intention of this City Council to establish a Community Facilities District pursuant to the provisions of the Act, and to determine the boundaries and parcels on which special taxes may be levied to finance the provision of certain public services. A description of the boundaries of the territory proposed for inclusion in the District including properties and parcels of land proposed to be subject to the levy of a special tax by the District is as follows: All that property as shown on a map attached hereto as Exhibit C. Resolution No. 18-105 - Page 1 of 13 ATTACHMENT# 02 Page 123 4. Name of District. The name of the proposed Community Facilities District to be established shall be known and designated as "THE RESORT AT EMPIRE LAKES COMMUNITY FACILITIES DISTRICT NO. 2018-01 OF THE CITY OF RANCHO CUCAMONGA". 5. Description of Public Services. It is the further intention of this City Council to finance the public services generally described in Exhibit A (the "Services") attached hereto and incorporated herein by this reference and all costs associated with the establishment of the District, administration of the District, the determination of the amount of any special taxes to be levied, the costs of collecting any special taxes, and costs otherwise incurred in order to carry out the authorized purposes of the District. It is hereby further determined that the Services are necessary to meet increased demands and needs placed upon the City as a result of development within the District. 6. Special Tax. It is hereby further proposed that, except where funds are otherwise available, a special tax sufficient to pay for the Services and related incidental expenses authorized by the Act, secured by recordation of a continuing lien against all non-exempt real property in the District, will be levied annually within the boundaries of the District. For further particulars as to the rate and method of apportionment of the proposed special tax (the "Rate and Method of Apportionment") reference is made to the attached and incorporated Exhibit B, which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the proposed District to clearly estimate the maximum amount that such person will have to pay. The Rate and Method of Apportionment also sets forth the duration of the Special Tax. A parcel shall be considered "used for private residential purposes" not later than the date on which an occupancy permit or the equivalent for private residential use is issued for such parcel. The special taxes herein proposed, to the extent possible, shall be collected in the same manner as ad valorem property taxes or in such other manner at this City Council shall determine, including without limitation, direct billing of the affected property owners, and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer of the City, acting for and on behalf of the District. The special tax obligation for any parcel may not be prepaid. 7. Public Hearing. NOTICE IS GIVEN THAT ON DECEMBER 19, 2018, AT THE HOUR OF 7:00 O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE CITY COUNCIL BEING THE COUNCIL CHAMBERS, CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA, A PUBLIC HEARING WILL BE HELD WHERE THIS CITY COUNCIL WILL CONSIDER THE ESTABLISHMENT OF THE PROPOSED COMMUNITY FACILITIES DISTRICT, THE PROPOSED METHOD AND APPORTIONMENT OF THE SPECIAL TAX, AND ALL OTHER MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION. THAT AT THE ABOVE-MENTIONED TIME AND PLACE FOR PUBLIC HEARING ANY PERSONS INTERESTED, INCLUDING TAXPAYERS AND PROPERTY OWNERS, MAY APPEAR AND BE HEARD, AND THAT THE TESTIMONY OF ALL INTERESTED PERSONS FOR OR AGAINST THE ESTABLISHMENT OF THE DISTRICT, THE EXTENT OF THE DISTRICT, OR THE FINANCING OF THE PUBLIC SERVICES, WILL BE HEARD AND CONSIDERED. ANY PROTESTS MAY BE MADE ORALLY OR IN WRITING. HOWEVER, ANY PROTESTS PERTAINING TO THE REGULARITY OR SUFFICIENCY OF THE PROCEEDINGS SHALL BE IN WRITING AND CLEARLY SET FORTH THE IRREGULARITIES AND DEFECTS TO WHICH THE OBJECTION IS MADE. ALL WRITTEN PROTESTS SHALL BE FILED WITH THE CITY CLERK OF THE CITY COUNCIL ON OR BEFORE THE TIME FIXED FOR THE PUBLIC HEARING. WRITTEN PROTESTS MAY BE WITHDRAWN IN WRITING AT ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING. Resolution No. 18-105 - Page 2 of 13 ATTACHMENT# 02 Page 124 IF A WRITTEN MAJORITY PROTEST AGAINST THE ESTABLISHMENT OF THE DISTRICT IS FILED, THE PROCEEDINGS SHALL BE ABANDONED. IF SUCH MAJORITY PROTEST IS LIMITED TO CERTAIN PUBLIC SERVICES OR PORTIONS OF THE SPECIAL TAX, THOSE SERVICES OR THAT TAX SHALL BE ELIMINATED BY THE CITY COUNCIL. 8. Election. If, following the public hearing described in the Section above, the City Council determines to establish the District and proposes to levy a special tax within the District, the City Council shall then submit the levy of the special taxes to the qualified electors of the District. If at least twelve (12) persons, who need not necessarily be the same twelve (12) persons, have been registered to vote within the District for each of the ninety (90) days preceding the close of the public hearing, the vote shall be by registered voters of the District, with each voter having one (1) vote. Otherwise, the vote shall be by the landowners of the District who were the owners of record at the close of the subject hearing, with each landowner or the authorized representative thereof, having one (1) vote for each acre or portion of an acre of land owned within the District. 9. Notice. Notice of the time and place of the public hearing shall be given by the City Clerk by causing the publication of a Notice of Public Hearing in the legally designated newspaper of general circulation, such publication pursuant to Section 6061 of the Government Code, with such publication to be completed at least seven (7) days prior to the date set for the public hearing. 10. Advances of Funds or Work -In -Kind. At any time either before or after the formation of the District, the City Council may accept advances of funds or work -in-kind from any source, including, but not limited to, private persons or private entities and may provide, by resolution, for the use of those funds or that work -in-kind for any authorized purpose, including, but not limited to, paying any cost incurred by the City in creating the District. The City may enter into an agreement, by resolution, with the person or entity advancing the funds or work -in-kind, to repay all or a portion of the funds so advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work -in-kind, as determined by the City Council. The City has entered into a Community Facilities District Advance and Reimbursement Agreement with the SC Rancho Development Corporation to provide for such advances for the payment of all initial consulting and administration costs and expenses related to the proceedings to consider the formation of the District. No such agreement shall constitute a debt or liability of the City. Resolution No. 18-105 - Page 3 of 13 ATTACHMENT# 02 Page 125 PASSED, APPROVED, and ADOPTED this 7th day of November, 2018. 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 held on the 7th day of November, 2018. Executed this day of , 2018, at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk Resolution No. 18-105 - Page 4 of 13 ATTACHMENT# 02 Page 126 EXHIBIT "A" DESCRIPTION OF PUBLIC SERVICES The types of services proposed to be provided for and financed by the proposed Community Facilities District are: (a) (i) the maintenance of streets, public trails and trailhead improvements, landscaped areas, parkways, medians, and parks and recreation improvements and public right-of-ways, including, but not limited to, street trees, fencing, irrigation systems, sidewalks, drainage systems, signs, monuments, graffiti removal, replacement, repair or rehabilitation of playground equipment, sports fields, parking lots, restrooms, sport field lighting, street lighting, traffic signals and apartment facilities and other improvements placed in parks, trails medians, landscaped areas, or public right-of-ways, furnishing of water, electric current or energy, gas, or other illuminating agent for the operation of any improvement within the City, (ii) the equipping, furnishing and maintenance of public safety improvements; (iii) the furnishing of any service authorized under the Act, as may be amended from time to time, (iv) the furnishing of electric current, materials, contracted services, and the necessary maintenance, replacement, and repair required to keep such improvements in operational and satisfactory condition; and (v) the establishment of a reserve fund for the replacement of any such improvements; and (b) the incidental expenses which will be incurred, including but not limited to: (i) all costs associated with the formation of the proposed Community Facilities District, the determination of the amount of and collection of special taxes, the payment of special taxes, and costs otherwise incurred in order to carry out the authorized purposes of the Community Facilities District, and (ii) any other expenses incidental to the provision of the Services. Resolution No. 18-105 - Page 5 of 13 ATTACHMENT# 02 Page 127 EXHIBIT "B" RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX RATE AND METHOD OF APPORTIONMENT FOR THE RESORT AT EMPIRE LAKES COMMUNITY FACILITIES DISTRICT NO. 2018-01 OF THE CITY OF RANCHO CUCAMONGA A Special Tax shall be levied and collected within The Resort at Empire Lakes Community Facilities District No. 2018-01 ("CFD 2018-01 ") of the City of Rancho Cucamonga each Fiscal Year commencing with Fiscal Year 2019/20 in an amount determined by the application of the procedures described below. All of the real property (as defined below) in CFD 2018-01, unless exempted by law or by the provisions hereof, shall be taxed for the purposes of, to the extent, and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meaning: "Accessory Unit" means a secondary residential unit of limited size (e.g., granny cottage, second unit) that shares an Assessor's Parcel with a Residential Dwelling Unit of Residential Property. "Acreage" or "Acre" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map or in the Assessor's Data for each Assessor's Parcel. In the event the Assessor's Parcel Map or Assessor's Data shows no acreage, the Acreage for any Assessor's parcel shall be determined by the CFD Administrator based upon the applicable final map, parcel map, condominium plan, or other recorded County parcel map or calculated using available spatial data and geographic information systems (GIS). The square footage of an Assessor's Parcel is equal to the Acreage of such parcel multiplied by 43,560. "Act" means the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the actual or reasonably estimated costs directly related to the administration of CFD 2018-01 including, but not limited to, the following: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City, the CFD Administrator, or both); the costs of collecting the Special Taxes (whether by the County, the City, or otherwise); the costs to the City, CFD 2018-01, or any designee thereof in complying with disclosure requirements; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; and the costs of the City, CFD 2018-01, or any designee thereof related to any appeal of the levy or application of the Special Tax. Administrative Expenses shall also include amounts estimated or advanced by the City or Empire Lakes CFD 2018-01 for any other administrative purposes, including, but not limited to, attorney's fees, proposed formation of CFD 2018-01, or any other expenses incidental to the provision of the Services. "Assessor's Data" means Acreage or other Assessor's Parcel information contained in the records of the Assessor of the County. Resolution No. 18-105 - Page 6 of 13 ATTACHMENT# Rge 128 "Assessor's Parcel" means a lot or parcel shown on an Assessor's Parcel Map with an assigned Assessor's Parcel number. "Assessor's Parcel Map" means an official map of the assessor of the County designating parcels by an Assessor's Parcel number. "Authorized Services" means the public services authorized to be financed, in whole or in part, by CFD 2018-01 which are generally described as follows: (a) (i) the maintenance of streets, public trails and trailhead improvements, landscaped areas, parkways, medians, and parks and recreation improvements and public right-of-ways, including, but not limited to, street trees, fencing, irrigation systems, sidewalks, drainage systems, signs, monuments, graffiti removal, replacement, repair or rehabilitation of playground equipment, sports fields, parking lots, restrooms, sport field lighting, street lighting, traffic signals and appurtenant facilities and other improvements placed in parks, trails medians, landscaped areas, or public right- of-ways, furnishing of water, electric current or energy, gas, or other illuminating agent for the operation of any improvement within the City; (ii) the equipping, furnishing, and maintenance of public safety improvements; (iii) the furnishing of any service authorized under the Act, as may be amended from time to time; (iv) the furnishing of electric current, materials, contracted services, and the necessary maintenance, replacement, and repair required to keep such improvements in operational and satisfactory condition; and (v) the establishment of a reserve fund for the replacement of any such improvements; and (b) the incidental expenses which will be incurred, including but not limited to: (i) all costs associated with the formation of the proposed Community Facilities District, the determination of the amount of and collection of special taxes, the payment of special taxes, and costs otherwise incurred in order to carry out the authorized purposes of the Community Facilities District; and (ii) any other expenses incidental to the provision of the services. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "City" means the City of Rancho Cucamonga. "City Council" means the City Council of the City of Rancho Cucamonga, acting as the legislative body of CFD 2018-01. "County" means the County of San Bernardino. "Developed Property" means for each Fiscal Year, all Taxable Property, for which a building permit was issued prior to the March 1 st preceding the Fiscal Year for which the Special Tax is being levied. "CFD 2018-01" means The Resort at Empire Lakes Community Facilities District No. 2018-01 of the City of Rancho Cucamonga. "Equivalent Benefit Unit" or "EBU" means the units assigned to all Assessor's Parcels of Developed Property based on the classification for their parcel and Acreage pursuant to Section B Resolution No. 18-105 - Page 7 of 13 ATTACHMENT# Rge 129 of this Rate and Method of Apportionment. "Exempt Property" means all Assessor's Parcels that are exempt from the Special Tax pursuant to Section E. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Homeowner Association Property" means any property within the boundaries of CFD 2018-01 which is owned by a homeowners' or property owners' association, including any master or sub - association as of January 1 of the prior Fiscal Year. "Maximum Annual Special Tax" means the maximum Special Tax, determined in accordance with the provisions of Section C below, which may be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property. "Mixed Use Property" means all Assessor's Parcels that have been classified by the City to allow both Residential Property and Non -Residential Property uses on each such Assessor's Parcel. For an Assessor's Parcel of Mixed Use Property, each Land Use Class thereon is subject to taxation pursuant to the provisions of Sections B and C regardless of the geographic orientation of such Land Use Classes on such Assessor's Parcel. "Non -Residential Property" means all Assessor's Parcels of Developed Property within the boundaries of CFD 2018-01 for which a building permit(s) has been issued for a non-residential structure(s). "Proportionately" means for Taxable Property that the ratio of the Special Tax levy to the Maximum Annual Special Tax is equal for all Assessor's Parcels within each classification (Residential Property, Non -Residential Property, and Undeveloped Property) within CFD 2018-01. "Public Property" means any property which (a) is owned by a public agency, (b) has been irrevocably offered for dedication to a public agency, or (c) is designated with specific boundaries and acreage on a final subdivision map as property which will be owned by a public agency. For purposes of this definition, a public agency includes the Federal government, the State of California, the County, the City, or any other public agency. "Residential Dwelling Unit" means any residential dwelling unit constructed or to be constructed for habitable living purposes located on an Assessor's Parcel as indicated in the records of the County Assessor, or, if not indicated, as otherwise determined by the CFD Administrator based on available official information, including building permit(s) issued. An Accessory Unit that shares an Assessor's Parcel with a Residential Dwelling Unit of Residential Property shall not be considered a separate Residential Dwelling Unit for purposes of calculating the Special Tax. "Residential Property" means all Assessor's Parcels of Developed Property within the boundaries of CFD 2018-01 for which a building permit(s) has been issued for purposes of constructing one or more Residential Dwelling Units. "Special Tax" means the special tax to be levied in each Fiscal Year on each Assessor's Parcel of Resolution No. 18-105 - Page 8 of 13 ATTACHMENT# Rge 130 Taxable Property to fund the Special Tax Requirement. "Special Tax Requirement" means that amount of Special Tax revenue required in any Fiscal Year for CFD 2018-01 to: (i) pay for the Authorized Services; (ii) pay Administrative Expenses; (iii) pay any amounts required to establish or replenish any repair and contingency funds, capital improvement funds, or reserve funds for CFD 2018-01; and (iv) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year; less (v) a credit for funds available to reduce the annual Special Tax levy, as determined by the CFD Administrator. "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD 2018-01 that are not exempt from the Special Tax pursuant to law or Section E below. "Undeveloped Property" means each Assessor's Parcel of Taxable Property within the boundaries of CFD 2018-01 that is not classified as Developed Property. B. ASSIGNMENT TO LAND USE CATEGORIES AND EBUS On, or around, July 1 of each Fiscal Year, the CFD Administrator shall determine the valid Assessor's Parcel numbers for the current Fiscal Year for all property within CFD 2018-01. Each Assessor's Parcel of Taxable Property within CFD 2018-01 shall be classified as Residential Property, Non - Residential Property, Mixed Use Property, or Undeveloped Property, and shall be subject to the levy of annual Special Taxes determined pursuant to Section C below. For each Assessor's Parcel of Developed Property EBUs shall be assigned according to the table below: Property Land Use Equivalent Benefit Unit Assignment Residential Property 1 EBU per Residential Dwelling Unit Non -Residential Property 1 Acre 2 EBUs per Parcel or less Non -Residential Property 2 EBUs per Acre or portion thereof greater than 1 Acre The EBU assignment for each Assessor's Parcel of Mixed Use Property is equal the total of (i) the Mixed Use Property Assigned Special Tax that would be applicable to such Assessor's Parcel if it was classified only as Residential Property and (ii) the Assigned Special Tax that would be applicable to such Assessor's Parcel if it was classified as Non -Residential Property. C. MAXIMUM ANNUAL SPECIAL TAX Resolution No. 18-105 - Page 9 of 13 ATTACHMENT# Rge 131 The Maximum Annual Special Tax for each Assessor's Parcel that may be levied in any Fiscal Year is shown below: Development Status 2019/20 Special Tax Developed Property $318.84 per EBU Undeveloped Property $5,234.20 per Acre On July 1 of each Fiscal Year, commencing on July 1, 2020, the dollar amount per EBU for Developed Property and the dollar amount per acre of Undeveloped Property shall be increased by a minimum of two percent (2%) to a maximum of six percent (6%), determined on an annual basis as needed to satisfy the Special Tax Requirement. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2019/20, and for each subsequent Fiscal Year, the CFD Administrator shall determine the Special Tax Requirement and shall levy the Special Tax on each Assessor's Parcel of Taxable Property until the amount of Special Taxes equals the Special Tax Requirement. The Special Taxes shall be levied each Fiscal Year as follows: First: Determine the Special Tax Requirement. Second: The Special Tax shall be levied Proportionately on each Assessor's Parcel of Developed Property at a rate of up to 100% of the applicable Maximum Annual Special Tax as needed to satisfy the Special Tax Requirement. Third: If additional moneys are needed to satisfy the Special Tax Requirement after the second step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property at a rate of up to 100% of the applicable Maximum Annual Special Tax to satisfy the Special Tax Requirement. E. EXEMPTIONS The CFD Administrator shall classify the following Assessor's Parcels as Exempt Property: (i) Public Property, (ii) Homeowner Association Property, and (iii) and Assessor's Parcels with public or utility easements making impractical their utilization for any use other than the purposes set forth in the easement. If the use of an Assessor's Parcel of Exempt Property changes so that such Assessor's Parcel is no longer classified as one of the uses set forth above that would make such Assessor's Parcel eligible to be classified as Exempt Property, such Assessor's Parcel shall cease to be classified as Exempt Property and shall be deemed to be Taxable Property. Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Taxes shall be levied on Public Property, except as otherwise provided in Sections 53317.3 and 53317.5 of the Act. F. REVIEW/APPEAL Resolution No. 18-105 - Page 10 of 13 ATTACHMENT# Rge 132 Any property owner may file a written appeal of the Special Tax with the CFD Administrator claiming that the amount or application of the Special Tax is not correct. The appeal must be filed not later than three (3) calendar years after having paid the Special Taxes that are disputed, and the appellant must be current in all payments of Special Taxes. In addition, during the term of the appeal process, all Special Taxes levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Taxes are in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the property owner disagrees with the CFD Administrator's decision relative to the appeal, the owner may then file a written appeal with the City Council whose subsequent decision shall be final and binding on all interested parties. If the decision of the CFD Administrator or subsequent decision by the City Council requires the Special Taxes to be modified or changed in favor of the property owner, the CFD Administrator shall take any of the following actions, in order of priority, in order to correct the error: (i) amend the levy of Special Taxes for the current fiscal year prior to the payment date; (ii) require CFD 2018-01 to reimburse the current property owner the amount of the overpayment to the extent of available funds of CFD No. 2018-01; or (iii) grant a credit against, eliminate or reduce the future Special Taxes levied on the property owner's property within CFD No. 2018 1 in the amount of the overpayment. This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner. G. INTERPRETATION OF RATE AND METHOD OF APPORTIONMENT The City reserves the right to make minor administrative and technical changes to this document that do not materially affect the rate and method of apportioning the Special Tax. In addition, the interpretation and application of any section of this document shall be at the City's discretion. Interpretations may be made by the City by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment of Special Tax. H. MANNER OF COLLECTION The annual Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the City may directly bill the Special Tax and may collect Special Taxes at a different time or in a different manner as necessary to meet its financial obligations. I. PREPAYMENT OF SPECIAL TAX Resolution No. 18-105 - Page 11 of 13 ATTACHMENT# Rge 133 The Special Tax may not be prepaid. TERM OF SPECIAL TAX The Special Tax shall be levied, commencing in Fiscal Year 2019/20, as needed to fund the Special Tax Requirement, in perpetuity. Resolution No. 18-105 - Page 12 of 13 ATTACHMENT# gage 134 EXHIBIT "C" BOUNDARY MAP MAP OF PROPOSED BOUNDARIES OF SHEET 1 OF 1 CITY OF RANCHO CUCAMONGA THE RESORT AT EMPIRE LAKES COMMUNITY FACILITIES DISTRICT NO. 2018-01 OF THE CITY OF RANCHO CUCAMONGA CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA N A Mlles 0 0.05 0.1 02 0.3 a 0.5 Resolution No. 18-105 - Page 13 of 13 FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF RANCHO CUCAMONGA THIS DAY OF ,2018 CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO. CALIFORNIA I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING THE PROPOSED BOUNDARIES OF THE CRY OF RANCHO CUCAMONGA THE RESORTAT EMPIRE LAKES COMMUNITY FACILITIES DISTRICT NO.201MI OF THE CITY OF RANCHO CUCAMONGA. CRY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, AT A MEETING THEREOF, HELD ON THE DAY OF .2018, BY ITS RESOLUTION NO. CRY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO. CALIFORNIA THIS MAP HAS BEEN FILED UNDER DOCUMENT NUMBER THIS DAY OF 20— AT M, IN BOOK OF AT PAGE ,AT THE REQUEST OF BOB DUTTON. ASSESSOR -RECORDER -COUNTY CLERK COUNTY OF SAN BERNARDINO, CALIFORNIA IN THE AMOUNT OF FOR PARTICULARS OF THE LINES AND DIMENSIONS OF ASSESSOR PARCELS REFERENCE IS MADE TO THE MAPS OF THE ASSESSOR, COUNTY OF SAN BERNARDINO. STATE OF CALIFORNIA. SKo CIyofRancho CUCa wW GIS GeograpPw Comdmle Refer—GCS AMM AMr— 1963 RajeG6e: RAD 1983 St"PI&V Caul— V FIPS 0405 Feel LEGEND Parcel Bou1tl■y Distract Parcels Parcels ATTACHMENT# 02 Page 135 6TH ST i 4TH ST N A Mlles 0 0.05 0.1 02 0.3 a 0.5 Resolution No. 18-105 - Page 13 of 13 FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF RANCHO CUCAMONGA THIS DAY OF ,2018 CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO. CALIFORNIA I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING THE PROPOSED BOUNDARIES OF THE CRY OF RANCHO CUCAMONGA THE RESORTAT EMPIRE LAKES COMMUNITY FACILITIES DISTRICT NO.201MI OF THE CITY OF RANCHO CUCAMONGA. CRY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, AT A MEETING THEREOF, HELD ON THE DAY OF .2018, BY ITS RESOLUTION NO. CRY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO. CALIFORNIA THIS MAP HAS BEEN FILED UNDER DOCUMENT NUMBER THIS DAY OF 20— AT M, IN BOOK OF AT PAGE ,AT THE REQUEST OF BOB DUTTON. ASSESSOR -RECORDER -COUNTY CLERK COUNTY OF SAN BERNARDINO, CALIFORNIA IN THE AMOUNT OF FOR PARTICULARS OF THE LINES AND DIMENSIONS OF ASSESSOR PARCELS REFERENCE IS MADE TO THE MAPS OF THE ASSESSOR, COUNTY OF SAN BERNARDINO. STATE OF CALIFORNIA. SKo CIyofRancho CUCa wW GIS GeograpPw Comdmle Refer—GCS AMM AMr— 1963 RajeG6e: RAD 1983 St"PI&V Caul— V FIPS 0405 Feel LEGEND Parcel Bou1tl■y Distract Parcels Parcels ATTACHMENT# 02 Page 135 RESOLUTION NO. 18-106 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING AND DIRECTING THE PREPARATION OF A REPORT FOR PROPOSED RESORT AT EMPIRE LAKES COMMUNITY FACILITIES DISTRICT NO. 2018-01 OF THE CITY OF RANCHO CUCAMONGA WHEREAS, the City Council of the City of Rancho Cucamonga, California (the "City Council"), has declared its intention to initiate proceedings to consider the creation of a Community Facilities District pursuant to the terms and provisions of the "Mello -Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"). This Community Facilities District shall hereinafter be designated as THE RESORT AT EMPIRE LAKES COMMUNITY FACILITIES DISTRICT NO. 2018-01 OF THE CITY OF RANCHO CUCAMONGA (the "District"); and, WHEREAS, this City Council directs, pursuant to the provisions of Section 53321.5 of the Government Code of the State of California, the preparation of a report to provide more detailed information relating to the proposed District, the proposed public services to be financed through the District, and estimate of the cost of providing such services (the "Special Tax Report"). follows: NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the City Council as Recitals. The above recitals are all true and correct. 2. Preparation of Report. The City Manager is hereby directed and ordered to prepare or cause to be prepared the Special Tax Report to be presented to this City Council, generally setting forth and containing the following: SERVICES: A full and complete description of the public services of which are proposed to be financed through the District. COST ESTIMATE: A general cost estimate setting forth costs of such public services. SPECIAL TAX: Further particulars regarding the rate and method of apportionment for the proposed special tax. 3. Submission of Report. The Special Tax Report, upon its preparation, shall be submitted to this City Council for review, and such report shall be made a part of the record of the public hearing on the Resolution of Intention to establish such District. Resolution No. 18-106 - Page 1 of 2 ATTACHMENT #q;ge 136 PASSED, APPROVED, and ADOPTED this 7th day of November, 2018. 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 held on the 7th day of November, 2018. Executed this day of , 2018, at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk Resolution No. 18-106 - Page 2 of 2 ATTACHMENT #q4ge 137 •�1 DATE: TO: FROM: INITIATED BY SUBJECT: November 7, 2018 Mayor and Members of the City Council John R. Gillison, City Manager Elisa Cox, Deputy City Manager Hope Velarde, Management Analyst I CONSIDERATION OF A CONTRACT WITH SAN BERNARDINO COUNTY TO FORMALIZE A COMMUNITY ENGAGEMENT POLICY WITH A HEALTH EQUITY FRAMEWORK. RECOMMENDATION: Staff recommends the City Council approve San Bernardino County Contract to formalize a Community Engagement Policy with a Health Equity Framework; and to allocate $25,000 in grant funds into the Healthy RC Revenue Account 1218000-4740 as well as to appropriate $25,000 into Account No. 1218107-5300 for costs associated with the development of the policy. BACKGROUND: Historically, local governments that have utilized traditional community engagement strategies have been limited in their effectiveness at reaching a broad and diverse group of community members, especially engaging disadvantaged and nontraditional communities. Without equitable and inclusive engagement, there is risk of making decisions that could have negative unintended consequences on residents and communities, particularly vulnerable populations and under -resourced communities. Effective community engagement is critical because the way the work is done with communities can advance or hinder health. San Bernardino County released a Request for Proposals earlier this year for cities and non-profit organizations to develop policies to improve healthy equity within the County and implement policies that align with the San Bernardino County Healthy Communities Strategic Plan and Policy Process Playbook. The City was selected and awarded $25,000 to implement a citywide Community Engagement Policy with a health equity framework. ANALYSIS: The City's objective is to develop a meaningful community engagement policy with a health equity lens that will be implemented by all City departments. The policy will formalize and embed equitable and inclusive community engagement practices within our culture and ensure that critical considerations about health equity and the social determinants of health are consistently and meaningfully utilized. The policy will provide guidance to staff and hold the City accountable for designing and delivering services that meet the needs of the communities it serves. At the core of this community engagement policy is a framework that provides the City with systematic approaches to developing partnerships with Rancho Cucamonga's diverse communities which will ensure community ideas and perspectives are included in shaping public Page 138 policies, practices, projects, and services. The policy will lay the foundation for how we engage the community holistically to ensure health equity is woven into the fabric of all City plans. For example, the policy will inform the City's upcoming General Plan update which looks at all aspects of our built environment, with the overarching goal of maintaining and enhancing the health of Rancho Cucamonga and its residents. To ensure streamlined implementation of the policy, the City will also create a toolkit that provides the framework and tangible tools to assist departments with implementing equitable community engagement practices. The toolkit will provide a comprehensive approach, creating practices and institutionalized mechanisms that prioritize the interests of marginalized communities and facilitate interactions between City staff and diverse stakeholders. The grant is effective from December 2018 to March 2020. FISCAL IMPACT: The City will receive $25,000 in grant funds for the development of the policy. Staff time was identified as in-kind match. COUNCIL GOAL(S) ADDRESSED: This item addresses City Council Goal Enhancing Premier Community Status by engaging community residents and other community stakeholders in a collaborative process to address health disparities at multiple levels to ensure health equity. ATTACHMENTS: Description San Bernardino County Contract Page 139 SAN BERNARDINO COUNTY Department of Public Health Department Contract Representative Telephone Number Contractor Contractor Representative Telephone Number Contract Term Original Contract Amount Amendment Amount Total Contract Amount Cost Center IT IS HEREBY AGREED AS FOLLOWS: Contract Number SAP Number John Greswit (909) 388-0255 City of Rancho Cucamonga Erika Lewis -Huntley (909) 774-2008 12/05/2018 through 03/31/2020 $25,000 N/A $25,000 WHEREAS, The County of San Bernardino, hereafter referred to as "County," desires the implementation of policies or programs to improve Healthy Equity within the County and implement policies or programs that align with the San Bernardino County Healthy Communities Strategic Plan and Policy Process Playbook — 2017; and WHEREAS, County has been allocated funds by the California Endowment to provide such services; and WHEREAS, County finds the City of Rancho Cucamonga, hereafter referred to as "Contractor," qualified to provide the implementation of a policy or program to improve Healthy Equity that aligns with the San Bernardino County Healthy Communities Strategic Plan and Policy Process Playbook — 2017; and WHEREAS, County desires that such services be provided by Contractor and Contractor agrees to perform these services as set forth below; NOW THEREFORE, County and Contractor mutually agree to the following terms and conditions: Auditor-Controller/Treasurer/Tax Collector Use Only ❑ Contract Database ❑ FAS Input Date Keyed By Page 1 of 15Page140 TABLE OF CONTENTS I. DEFINITIONS.................................................................................................................................................................3 II. CONTRACTOR SERVICE RESPONSIBILITIES........................................................................................................... 3 III. CONTRACTOR GENERAL RESPONSIBILITIES......................................................................................................... 4 IV. COUNTY RESPONSIBILITIES...................................................................................................................................... 9 V. FISCAL PROVISIONS................................................................................................................................................... 9 VI. RIGHT TO MONITOR AND AUDIT.............................................................................................................................. 10 VII. CORRECTION OF PERFORMANCE DEFICIENCIES................................................................................................ 11 VIII. TERM............................................................................................................................................................................11 IX. EARLY TERMINATION............................................................................................................................................... 12 X. GENERAL PROVISIONS............................................................................................................................................. 12 XI. CONCLUSION..............................................................................................................................................................15 ATTACHMENTS ATTACHMENT A— PROGRAM SCOPE OF WORK ATTACHMENT B — SAN BERNARDINO COUNTY HEALTHY COMMUNITIES STRATEGIC PLAN AND POLICY PROCESS PLAYBOOK-2017 ATTACHMENT C — QUARTERLY PROGRESS REPORT ATTACHMENT D — PROGRAM BUDGET Revised 01/10/2017 Page 2 of 15 Page 141 I. DEFINITIONS A. California Endowment – A not -for profit, statewide foundation that works to make California a healthier place. The California Endowment was created in 1996 when Blue Cross of California acquired the for- profit subsidiary WellPoint Health Networks. Today, with more than $3 billion in assets, the California Endowment is the largest private health foundation in the state. B. Department of Public Health (DPH) – The department created in 1931 to prevent epidemics and the spread of disease, protect against environmental hazards, prevent injuries, promote and encourage healthy behaviors, respond to disasters and assist communities in recovery, and assure the quality and accessibility of health services throughout the county. C. Health Equity – Health equity refers to efforts to ensure that all people have full and equal access to opportunities that enable them to lead healthy lives. (CA Health and Safety Code Section 131019.5) D. Healthy Communities Programs – Programs designed to help to prevent chronic diseases by working to reduce health risk factors. The programs also support efforts to attain health equity—striving to ensure all people can reach their full health potential. E. Human Services (HS) – A system of integrated services, where the programs and resources of nine (9) County departments come together to provide a rich, more complete array of services to the citizens of San Bernardino County under one coordinated effort. F. Policy – A system level intervention, enacted through written organizational position, decision, action, rule, ordinance, or local legislation, with lasting impact. G. Program – An organized effort to address a problem or short-term intervention that creates temporary improvement. H. Strategic Plan – A process of decisions made by an organization to set goals and to outline a course of action to achieve those goals. II. CONTRACTOR SERVICE RESPONSIBILITIES A. Fulfill all activities and deliverables as stipulated in the Scope of Work (Attachment A) B. Implement a policy or program that improves Healthy Equity and that aligns with the San Bernardino County Healthy Communities Strategic Plan and Policy Process Playbook-2017 (Attachment B). C. Engage in a documented community engagement process to guide the creation of the policy or program. D. Improve Health Equity and track results via reportable metric. E. Allow the County to evaluate the progress and/or success of the policy or program's outcomes. F. Submit Quarterly Progress Report(s) (Attachment C), as requested, to the County detailing progress on the policy or program, it's implementation, and impact it has made on the overall goal of Health Equity improvement. It is anticipated that up to four (4) requests will be made throughout the contract term. G. Attend quarterly Healthy Communities meetings and provide updates to the group. Page 3 of 15 Page 142 H. Agree to share best practices with other Healthy Communities members. III. CONTRACTOR GENERAL RESPONSIBILITIES A. In the performance of this Contract, Contractor, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of the County of San Bernardino. Contractor agrees to comply with the applicable federal suspension and debarment regulations, including, but not limited to 7 Code of Federal Regulations (CFR) Part 3017, 45 CFR 76, 40 CFR 32, or 34 CFR 85. By signing this Contract, Contractor certifies that: Neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency; 2. Have not within a three-year period preceding this Contract been convicted of or had a judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction or contract under a public transaction; or a violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in Paragraph (A)(2) herein; and 4. Have not within a three-year period preceding this Contract had one or more public transactions (Federal, State or local) terminated for cause or default. B. Without the prior written consent of the Assistant Executive Officer for Human Services, this Contract is not assignable by Contractor either in whole or in part. C. Contractor agrees to provide or has already provided information on former County of San Bernardino administrative officials (as defined below) who are employed by or represent Contractor. The information provided includes a list of former County administrative officials who terminated County employment within the last five (5) years and who are now officers, principals, partners, associates or members of the business. The information also includes the employment with or representation of Contractor. For purposes of this provision, "County administrative official" is defined as a member of the Board of Supervisors or such officer's staff, Chief Executive Officer of the County or member of such officer's staff, County department or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit. D. If during the course of the administration of this Contract, the County determines that the Contractor has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the County, this Contract may be immediately terminated. If this Contract is terminated according to this provision, the County is entitled to pursue any available legal remedies. E. Failure by a party to insist upon the strict performance of any of the provisions of this Contract by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Contract thereafter. Page 4 of 15 Page 143 F. Contractor agrees not to enter into any subcontracts for work contemplated under this Contract without first obtaining written approval from the Director of DPH through the HS Contracts Unit. The County may withhold such consent in its sole discretion. At County's request, Contractor shall provide information regarding the subcontractor's qualifications and a listing of a subcontractor's key personnel including, if requested by the County, resumes of proposed subcontractor personnel. Contractor shall remain directly responsible to County for its subcontractors and shall indemnify County for the actions or omissions of its subcontractors under the terms and conditions specified in Paragraph N of this Section III. All approved subcontractors shall be subject to the provision of this Contract. For any subcontractor, Contractor shall: Be responsible for subcontractor compliance with the Contract and the subcontract terms and conditions; 2. Ensure that the subcontractor follows County's reporting formats and procedures as specified by County; and 3. Include in the subcontractor's subcontract substantially similar terms as are provided in this Contract. G. Contractor shall maintain all records and books pertaining to the delivery of services under this Contract and demonstrate accountability for contract performance. Said records shall be kept and maintained within the County of San Bernardino. County shall have the right upon reasonable notice and at reasonable hours of business to examine and inspect such records and books. All records relating to the Contractor's personnel, contractors, subcontractors, service/scope of work and expenses pertaining to this Contract shall be kept in generally acceptable accounting format. Records should include, but are not limited to, monthly summary sheets, sign -in sheets, and other primary source documents. Fiscal records shall be kept in accordance with Generally Accepted Accounting Principles and must account for all funds, tangible assets, revenue and expenditures. Fiscal records must also comply with the appropriate Code of Federal Regulations (CFR) that state the administrative requirements, cost principles and other standards for accountancy. Please refer to http://www.ecfr.gov/cgi-bin/text- idx?tpl=/ecfrbrowse/Title02/2cfr200 main 02.tpl for further information. All records shall be complete and current and comply with all Contract requirements. Failure to maintain acceptable records per the preceding requirements shall be considered grounds for withholding of payments for billings submitted and for termination of the Contract. H. Contractor shall notify County in writing of any change in mailing address and/or physical location within ten (10) days of the change, and shall immediately notify County of changes in telephone or fax numbers. Contractor shall notify County of any continuing vacancies and any positions that become vacant during the term of this Contract that will result in reduction of services to be provided under this Contract. Upon notice of vacancies, the Contractor shall apprise County of the steps being taken to provide the services and to fill the position as expeditiously as possible. Vacancies and associated problems shall be reported to County on each periodically required report for the duration of said vacancies and/or problems. Page 5 of 15 Page 144 Contractor shall designate an individual to serve as the primary point of contact for the Contract. Contractor shall notify the County when the primary contact will be unavailable/out of the office for one (1) or more workdays. Contractor or designee must respond to County inquiries within two (2) County business days. Contractor shall not change the primary contact without written notice to the County. Contractor will also designate a back-up point of contact in the event the primary contact is not available. K. Contractor shall repair, or cause to be repaired, at its own cost, all damage to County vehicles, facilities, buildings or grounds caused by the willful or negligent acts of Contractor or employees or agents of the Contractor. Such repairs shall be made immediately after Contractor becomes aware of such damage, but in no event later than thirty (30) days after the occurrence. If the Contractor fails to make timely repairs, the County may make any necessary repairs. For such repairs, the Contractor shall repay all costs incurred by the County, but cash payment upon demand or County may deduct such costs from any amounts due to the Contractor from the County, as determined at County's sole discretion. In recognition of individual rights to work in a safe, healthful and productive workplace, as a material condition of this Contract, Contractor agrees that the Contractor and the Contractor's employees, while performing service for the County, on County property, or while using County equipment: Shall not be in any way impaired because of being under the influence of alcohol or an illegal or controlled substance. 2. Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal or controlled substance. 3. Shall not sell, offer, or provide alcohol or an illegal or controlled substance to another person, except where Contractor or Contractor's employee who, as part of the performance of normal job duties and responsibilities, prescribes or administers medically prescribed drugs. Contractor shall inform all employees that are performing service for the County on County property, or using County equipment, of the County's objective of a safe, healthful and productive work place and the prohibition of drug or alcohol use or impairment from same while performing such service for the County. The County may terminate for default or breach of this Contract and any other Contract the Contractor has with the County, if the Contractor or Contractor's employees are determined by the County not to be in compliance with above. M. Contractor shall make every reasonable effort to prevent employees, consultants or members of its governing bodies from using their positions for purposes that are or give the appearance of being motivated by a desire for private gain for themselves or others, such as those with whom they have family, business, or other ties. In the event County determines a conflict of interest exists, any increase in costs associated with the conflict of interest may be disallowed by County and such conflict may constitute grounds for termination of the Contract. This provision shall not be construed to prohibit employment of persons with whom Contractor's officers, agents, or employees have family, business or other ties so long as the employment of such persons does not result in increased costs over those associated with the employment of any other equally qualified applicants and such persons have successfully competed for employment with other applicants on a merit basis. Page 6 of 15 Page 145 N. Contractor agrees to and shall comply with the following indemnification and insurance requirements: Indemnification — The Contractor agrees to defend, indemnify and hold harmless the County of San Bernardino, its officers, employees, agents and volunteers from any and all claims, losses, actions, damages and/or liability arising out of this contract from any cause whatsoever, including any costs or expenses incurred by Contractor, except as prohibited by law. The County of San Bernardino agrees to defend, indemnify and hold harmless the Contractor, its officers, employees, agents and volunteers from any and all claims, losses, actions, damages and/or liability arising out of this contract from any cause whatsoever, including any costs or expenses incurred by Contractor, except as prohibited by law. In the event that the County and/or Contractor are determined to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under this agreement, the County and/or Contractor shall indemnify th other to the extent of its comparative fault. 2. Insurance — County and Contractor are authorized self-insured public entities for purposes of Professional Liability, General Liability, Automobile Liability and Workers' Compensation and warrant that through their respective programs of self-insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this agreement. 3. Waiver of Subrogation Rights — The Contractor shall require the carriers of required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors and subcontractors. All general or auto liability insurance coverage provided shall not prohibit the Contractor and Contractor's employees or agents from waiving the right of subrogation prior to a loss or claim. The Contractor hereby waives all rights of subrogation against the County. The County shall require the carriers of required coverages to waive all rights of subrogation against the Contractor, its officers, employees, agents, volunteers, contractors and subcontractors. All general or auto liability insurance coverage provided shall not prohibit the Contractor and Contractor's employees or agents from waiving the right of subrogation prior to loss or claim. The County hereby waives all rights of subrogation against the Contractor. O. Contractor shall comply with all applicable laws, statutes, ordinances, administrative orders, rules or regulations relating to its duties, obligations and performance under the terms of the Contract and shall procure all licenses and pay all fees and other charges required thereby. Contractor shall maintain all required licenses during the term of this Contract. Failure to comply with the provisions of this section may result in immediate termination of this Contract. P. Contractor shall comply with all applicable local health and safety clearances, including fire clearances, for each site where services are provided under the terms of this Contract. Q. Contractor agrees to and shall comply with the County's Equal Employment Opportunity Program, Employment Discrimination, and Civil Rights Compliance requirements: Equal Employment Opportunity Program — The Contractor agrees to comply with the provisions of the Equal Employment Opportunity Program of the County of San Bernardino and all rules and regulations adopted pursuant thereto: Executive Orders 11246, as Page 7 of 15 Page 146 amended by Executive Order 11375, 11625, 12138, 12432, 12250; Title VII of the Civil Rights Act of 1964; Division 21 of the California Department of Social Services Manual of Policies and Procedures; California Welfare and Institutions Code section 10000), the California Fair Employment and Housing Act; and other applicable federal, state, and county laws, regulations and policies relating to equal employment or social services to welfare recipients, including laws and regulations hereafter enacted. 2. Employment Discrimination — During the term of the Contract, Contractor shall not discriminate against any employee or applicant for employment or service recipient because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, sexual orientation, age, or military and veteran status. Contractor shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, 13672, Title VII of the Civil Rights Act of 1964, the California Fair Housing and Employment Act and other applicable Federal, State and County laws and regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted. 3. Civil Rights Compliance — The Contractor shall develop and maintain internal policies and procedures to assure compliance with each factor outlined by state regulation. These policies must be developed into a Civil Rights Plan, which is to be on file with the County Human Services Contracts Unit within thirty (30) days of awarding of the Contract. The Plan must address prohibition of discriminatory practices, accessibility, language services, staff development and training, dissemination of information, complaints of discrimination, compliance review, and duties of the Civil Rights Liaison. Upon request, the County shall supply a sample of the Plan format. The Contractor shall be monitored by the County for compliance with provisions of its Civil Rights Plan. Contractor is required to maintain and provide a current Civil Rights Plan for the duration of the Contract and submit the Assurance of Compliance form annually. Additionally, the Contractor shall submit to County an Assurance of Compliance with the California Department of Social Services Nondiscrimination in State and Federally Assisted Programs Statement annually. R. Contractor agrees to comply with all applicable provisions of the Americans with Disabilities Act (ADA). S. Contractor shall observe the mandatory standards and policies relating to energy efficiency in the State Energy Conservation Plan (California Code of Regulations title 20, section 1401 et seq.). T. If the amount available to Contractor under this Contract, as specified in Section V, Paragraph A, exceeds $100,000, Contractor agrees to comply with the Clean Air Act (42 U.S.C. Section 7606), section 508 of the Clean Water Act (33 U.S.C. section 1368), Executive Order 11738 and Environmental Protection Agency regulations (40 C.F.R. section 1.1 et seq.). U. In accordance with County Policy 11-08, the County prefers to acquire and use products with higher levels of post -consumer recycled content. Environmentally preferable goods and materials must perform satisfactorily and be available at a reasonable price. The County requires Contractor to use recycled paper for any printed or photocopied material created as a result of this Contract. Contractor is also required to use both sides of paper sheets for reports submitted to the County whenever practicable. V. Contractor understands and agrees that any and all legal fees or costs associated with lawsuits concerning this Contract against the County shall be the Contractor's sole expense and shall not be charged as a cost under this Contract. In the event of any Contract dispute hereunder, each Party to Page 8 of 15 Page 147 this Contract shall bear its own attorney's fees and costs regardless of who prevails in the outcome of the dispute. W. Contractor agrees that any news releases, advertisements, public announcements or photographs arising out of the Agreement or Vendor's relationship with County shall not be made or used without prior written approval of the Department of Public Health Director or their designee. X. IRAN CONTRACTING ACT OF 2010, Public Contract Code sections 2200 et seq. (Applicable for all Contracts of one million dollars ($1,000,000) or more). In accordance with Public Contract Code section 2204(a), the Contractor certifies that at the time the Contract is signed, the Contractor signing the Contract is not identified on a list created pursuant to subdivision (b) of Public Contract Code section 2203 (http://www.dgs.ca.gov/pd/Resources/PDLegislation.aspx) as a person (as defined in Public Contract Code section 2202(e)) engaging in investment activities in Iran described in subdivision (a) of Public Contract Code section 2202.5, or as a person described in subdivision (b) of Public Contract Code section 2202.5, as applicable. Contractors are cautioned that making a false certification may subject the Contractor to civil penalties, termination of existing contract, and ineligibility to bid on a contract for a period of three (3) years in accordance with Public Contract Code section 2205. Contractor agrees that signing the Contract shall constitute signature of this Certification. IV. COUNTY RESPONSIBILITIES A. The County agrees to compensate the Contractor in accordance with the provisions of Section V of the Contract. B. The County shall monitor and evaluate the performance of the Contractor in meeting the terms of the Contract. C. County staff shall monitor the performance of the contractor at least annually, or as deemed necessary by the County. D. The County shall provide consultation and technical assistance to the Contractor in carrying out the terms of this Contract. V. FISCAL PROVISIONS A. The maximum amount payment under this Contract shall not exceed $25,000 and shall be subject to availability of funds to the County. The consideration to be paid to Contractor, as provided herein, shall be in full payment for all Contractor's services and expenses incurred in the performance hereof, including travel and per diem. B. Payment to the Contractor shall be contingent upon County approval of one (1) invoice submitted within 120 days of the contract start date to the County for the full amount of the Contract not to exceed $25,000. Expenditures must be consistent with the approved Program Budget (Attachment D). C. The format in which invoices must be submitted will be provided to Contractor subsequent to contract award. Invoices are to be mailed to: Department of Public Health Attn: Bernadette Beltran 172 W. 3rd Street, 6th Floor San Bernardino, CA 92415-0010 Page 9 of 15 Page 148 D. Contractor shall accept all payments from County via electronic funds transfer (EFT) directly deposited into the Contractor's designated checking or other bank account. Contractor shall promptly comply with directions and accurately complete forms provided by County required to process EFT payments. E. Costs for services under the terms of this Contract shall be incurred during the contract period except as approved by County. Contractor shall not use current year funds to pay prior or future year obligations. F. Funds made available under this Contract shall not supplant any federal, state or any governmental funds intended for services of the same nature as this Contract. Contractor shall not claim reimbursement or payment from County for, or apply sums received from County with respect to that portion of its obligations that have been paid by another source of revenue. Contractor agrees that it will not use funds received pursuant to this Contract, either directly or indirectly, as a contribution or compensation for purposes of obtaining funds from another revenue source without prior written approval of the County. G. County is not liable for the payment of any taxes, other than applicable sales or use tax, resulting from this Contract however designated, levied or imposed, unless County would otherwise be liable for the payment of such taxes in the course of its normal business operations. VI. RIGHT TO MONITOR AND AUDIT A. County shall have the absolute right to monitor the performance of Contractor in the delivery of services provided under this Contract. B. County or any subdivision or appointee thereof, and the State of California or any subdivision or appointee thereof, including the Auditor General, shall have absolute right to review and audit all records, books, papers, documents, corporate minutes, and other pertinent items as requested, and shall have absolute right to monitor the performance of Contractor in the delivery of services provided under this Contract. Full cooperation shall be given by Contractor in any auditing or monitoring conducted. Contractor shall repay to the County within thirty (30) days of receipt of audit findings any reimbursements made by County to Contractor that are determined by subsequent audit to be unallowable pursuant to the terms of this Contract or by law. C. Contractor shall cooperate with County in the implementation, monitoring and evaluation of this Contract and comply with any and all reporting requirements established by this Contract. D. All records pertaining to service delivery and all fiscal, statistical and management books and records shall be available for examination and audit by county, federal and state representatives for a period of three (3) years after final payment under the Contract or until all pending county, state, and federal audits are completed, whichever is later. Records of the Contractor which do not pertain to the services under this Contract may be subject to review or audit unless provided in this or another Contract. Technical program data shall be retained locally and made available upon the County's reasonable advance written notice or turned over to County. If said records are not made available at the scheduled monitoring visit, Contractor may, at County's option, be required to reimburse County for expenses incurred due to required rescheduling of monitoring visit(s). Such reimbursement will not exceed $50 per hour (including travel time) and may be deducted from the following month's claim for reimbursement. E. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of County's representatives in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work of the Contractor. Page 10 of 15 Page 149 F. Upon County request, Contractor shall hire a licensed Certified Public Accountant, approved by the County, who shall prepare and file with County, within sixty (60) days after the termination of the Contract, a certified fiscal audit of related expenditures during the term of the Contract and a program compliance audit. G. Pursuant to Code of Federal Regulations (CFR) — Title 2 CFR 200.501, Contractors expending $750,000 or more in federal funds within the Contractor's fiscal year must have a single audit or program -specific audit performed. A copy of the audit performed in accordance with Code of Federal Regulations (CFR) — Title 2 CFR 200.501 shall be submitted to the County within thirty (30) days of completion, but no later than nine (9) months following the end of the Contractor's fiscal year. Please refer to http://www.ecfr.gov/cqi-bin/text-idx?node=se2.1.200 1501 &rqn=dv8 for further information. VII. CORRECTION OF PERFORMANCE DEFICIENCIES A. In the event of a problem or potential problem that could impact the quality or quantity of work, Services, or the level of performance under this Contract, Contractor shall notify the County within one (1) working day, in writing and by telephone. B. Failure by Contractor to comply with any of the provisions, covenants, requirements or conditions of this Contract shall be a material breach of this Contract. C. In the event of a non -cured breach, County may, at its sole discretion and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract: Afford Contractor thereafter a time period within which to cure the breach, which period shall be established at sole discretion of County; and/or 2. Discontinue reimbursement to Contractor for and during the period in which Contractor is in breach, which reimbursement shall not be entitled to later recovery; and/or 3. Withhold funds pending duration of the breach; and/or 4. Offset against any monies billed by Contractor but yet unpaid by County those monies disallowed pursuant to Item "2" of this paragraph; and/or 5. Terminate this Contract immediately and be relieved of the payment of any consideration to Contractor. In event of such termination, the County may proceed with the work in any manner deemed proper by the County. The cost to the County shall be deducted from any sum due to the Contractor under this Contract and the balance, if any, shall be paid by the Contractor upon demand. D. Unless a remedy is specifically designated as exclusive, no remedy conferred by any of the specific provision of the Contract is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder, now or hereafter existing at law or in equity or by statue or otherwise. The election of any one (1) or more remedies by either Party shall not constitute a waiver of the right to pursue other available remedies. This Contract is effective as of December 5, 2018 and expires March 31, 2020 but may be terminated earlier in accordance with provisions of Section IX of the Contract. Page 11 of 15 Page 150 IX. EARLY TERMINATION A. The County may terminate the Contract immediately under the provisions of Section VII, Paragraph C, Item 5 of the Contract. In addition, the Contract may be terminated without cause by the County by serving a written notice to the Contractor thirty (30) days in advance of termination. The Assistant Executive Officer for Human Services is authorized to exercise the County's rights with respect to any termination of this Contract. B. Contractor shall only be reimbursed for costs and uncancelable obligations incurred prior to the date of termination. Contractor shall not be reimbursed for costs incurred after the date of termination. C. Upon receipt of termination notice Contractor shall promptly discontinue services unless the notice directs otherwise. Contractor shall deliver promptly to County and transfer title (if necessary) all completed work, and work in progress, including drafts, documents, plans, forms, data, products, graphics, computer programs and reports. X. GENERAL PROVISIONS A. When notices are required to be given pursuant to this Contract, the notices shall be in writing and mailed to the following respective addresses listed below. Contractor: City of Rancho Cucamonga Attn: Erika Lewis -Huntley 10500 Civic Center Drive Rancho Cucamonga, CA 91729-0807 County: (Program and Fiscal Information) County of San Bernardino Department of Public Health Attn: Bernadette Beltran 172 W. 3rd Street, 6t" Floor San Bernardino, CA 92415-0010 County: (Contract Information) County of San Bernardino Human Services Attn: Contracts Unit 150 S. Lena Road San Bernardino, CA 92415-0515 B. Nothing contained in this Contract shall be construed as creating a joint venture, partnership or employment arrangement between the Parties hereto, nor shall either Party have the right, power or authority to create an obligation or duty, expressed or implied, on behalf of the other Party hereto. C. Contractor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, service, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the County in an attempt to secure favorable treatment regarding this Contract. The County, by written notice, may immediately terminate any Contract if it determines that any improper consideration as described in the preceding paragraph was offered to any officer, employee or agent of the County with respect to the proposal and award process. This prohibition shall apply to any amendment, extension or evaluation process once a Contract has been awarded. Page 12 of 15 Page 151 Contractor shall immediately report any attempt by a County officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Contractor. The report shall be made to the supervisor or manager charged with supervision of the employee or to the County Administrative Office. In the event of a termination under this provision, the County is entitled to pursue any available legal remedies. D. Time is of the essence in performance of this Contract and each of its provisions. Except as otherwise provided herein, when either party has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this Contract, that party shall, within twenty-four (24) hours, give notice thereof, including all relevant information with respect thereto, to the other party. E. County discourages the purchase of equipment with funds received under this Contract. All equipment, materials, supplies or property of any kind (including publications and copyrights, etc.) which have a single unit cost of five hundred dollars ($500) or more, including tax, purchased with funds received under the terms of this contract and not fully consumed in one (1) year shall be the property of County and shall be subject to the provisions of this paragraph. The disposition of equipment or property of any kind shall be determined by County upon contract termination. F. County shall have a royalty -free, non-exclusive and irrevocable license to publish, disclose, copy, translate, and otherwise use, copyright or patent, now and hereafter, all reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials or properties developed under the Contract including those covered by copyright, and reserves the right to authorize others to use or reproduce such material. All such materials developed under the terms of the Contract shall acknowledge San Bernardino County as the funding agency and Contractor as the creator of the publication. No such materials or properties produced in whole or in part under the Contract shall be subject to private use, copyright or patent right by Contractor in the United States or in any other country without the express written consent of County. Copies of all educational and training materials, curricula, audio/visual aids, printed material, and periodicals, assembled pursuant to the Contract must be filed with County prior to publication. Contractor shall receive written permission from County prior to publication of said training materials. G. All documents, data, products, graphics, computer programs and reports prepared by Contractor pursuant to the Contract shall be considered property of the County upon payment for services (and product, if applicable). All such items shall be delivered to County at the completion of work under the Contract, subject to the requirements of Section VIII, Term. Unless otherwise directed by County, Contractor may retain copies of such items. H. County shall have Power of Attorney to pay delinquent debts and unpaid wages for work provided under this Contract from accounts payable to Contractor in the event debts and wages have not been paid on a current basis. No waiver of any of the provisions of the Contract shall be effective unless it is made in a writing which refers to provisions so waived and which is executed by the Parties. No course of dealing and no delay or failure of a Party in exercising any right under the Contract shall affect any other or future exercise of that right or any exercise of any other right. A Party shall not be precluded from exercising a right by its having partially exercised that right or its having previously abandoned or discontinued steps to enforce that right. Any alterations, variations, modifications, or waivers of provisions of the Contract, unless specifically allowed in the Contract, shall be valid only when they have been reduced to writing, duly signed and approved by the Authorized Representatives of both parties as an amendment to this Contract. No oral understanding or agreement not incorporated herein shall be binding on any of the Parties hereto. Page 13 of 15 Page 152 K. If any provision of the Contract is held by a court of competent jurisdiction to be unenforceable or contrary to law, it shall be modified where practicable to the extent necessary so as to be enforceable (giving effect to the intention of the Parties) and the remaining provisions of the Contract shall not be affected. This Contract shall be governed by and construed in all aspects in accordance with the laws of the State of California without regard to principles of conflicts of laws. The Parties agree to the exclusive jurisdiction of the federal court located in the County of Riverside and the state court located in the County of San Bernardino, for any and all disputes arising under this Contract, to the exclusion of all other federal and state courts. M. In the event the County determines that service is unsatisfactory, or in the event of any other dispute, claim, question or disagreement arising from or relating to this Contract or breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. N. The parties actions under the Contract shall comply with all applicable laws, rules, regulations, court orders and governmental agency orders. The provisions of this Contract are specifically made severable. If a provision of the Contract is terminated or held to be invalid, illegal or unenforceable, the validity and enforceability of the remaining provisions shall remain in full effect. O. In the event that a subpoena or other legal process commenced by a third party in any way concerning the services provided under this Contract is served upon Contractor or County, such party agrees to notify the other party in the most expeditious fashion possible following receipt of such subpoena or other legal process. Contractor and County further agree to cooperate with the other party in any lawful effort by such other party to contest the legal validity of such subpoena or other legal process commenced by a third party as may be reasonably required and at the expense of the party to whom the legal process is directed, except as otherwise proceed herein in connection with defense obligations by Contractor for County. Page 14 of 15 Page 153 XI. CONCLUSION A. This Contract, consisting of fifteen (15) pages and Attachments A through D, is the full and complete document describing services to be rendered by Contractor to County, including all covenants, conditions, and benefits. B. The signatures of the Parties affixed to this Contract affirm that they are duly authorized to commit and bind their respective institutions to the terms and conditions set forth in this document. C. IN WITNESS WHEREOF, the Board of Supervisors of the County of San Bernardino has caused this Contract to be subscribed to by the Clerk thereof, and Contractor has caused this Contract to be subscribed in its behalf by its duly authorized officers, the day, month, and year written. COUNTY OF SAN BERNARDINO City of Rancho Cucamonga (Print or type name of corporation, company, contractor, etc.) ► By IN - Robert A. Lovingood, Chairman, Board of Supervisors Robert (Authorized signature - sign in blue ink) Dated: Name (Print or type name of person signing contract) SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Title Laura H. Welch (Print or Type) Clerk of the Board of Supervisors of the County of San Bernardino Dated: By Address 10500 Civic Center Drive Deputy Rancho Cucamonga, CA 91729-0807 Approved as to Legal Form Do - Adam Adam Ebright, Deputy County Counsel Date Reviewed for Contract Compliance I Reviewed/Approved by Department ► Do - Jennifer Jennifer Mulhall-Daudel, HS Contracts Trudy Raymundo, Director Date Date Page 15 of 15 Page 154 ATTACHMENT A SCOPE OF WORK Activities/Objective and Indicators Outcomes and Indicators Timeline 1: Proposed Policy/Program that will improve Healthy Equity and that aligns with SBC Healthy Communities Strategic Plan and Policy Process Playbook -2017 ACTIVITY 1.1: Seek, interview and hire consultant Draft scope of work, list of candidates and January — March contract executed 2019 ACTIVITY 1.2: Implement and disseminate City survey Draft survey, disseminate survey, analyze March — June survey results and summarize 2019 Draft policy July 2019 ACTIVITY 1.3: Draft Health Equity framework policy policy take policy to council January 2020 ACTIVITY 1.4: Formalize Community Engagement with Health Equity framework policy Page 1 Page 155 Page 2 Page 156 2. Community Engagement Plan ACTIVITY 2.1 Develop City toolkit to ensure streamlined Participate in community -driven July -- implementation of policy engagement process November 2019 ACTIVITY 2.2: Schedule outreach meetings/conduct assessment Minimum of 5 internal meetings July - October 2019 Minimum of 3 community meetings ACTIVITY 2.3: Identify appropriate engagement strategies Minimum of 2 focus groups considering history, current climate and community Minimum of 5 key partner interviews ACTIVITY 2.4: Draft Community Engagement with Health Equity Draft of toolkit November 2019 Framework toolkit Page 2 Page 156 present staff report and toolkit to Council I January 2020 ACTIVITY 2.5: Attend San Bernardino County Healthy Communities Quarterly Meetings 3. Reportable metric to track improvement to Health Equity Gender ACTIVITY 3.1: mapping demographics of survey participants and outreach efforts by census tract Age ** mapping populations reached will help us visually see which Race/ethnicity neighborhoods and people are typically reached — with the community engagement health equity policy, hopefully we will see an increase in underserved neighborhoods and populations at the table ACTIVITY 3.2: ACTIVITY 3.3: ACTIVITY 3.4: Page 3 Page 157 ATTACHMENT B SAN BERNARDINO COUNTY HEALTHY COMMUNITIES STRATEGIC PLAN AND POLICY PROCESS PLAYBOOK - 2017 Page 1 of 1 Page 158 CS AN I k F. It NA R 1) 3 N 0 NT Date: Contract Site: Public Health Healthy Comm111mitbes HEALTHY COMMUNITIES Quarterly Progress Report ATTACHMENT C Please Circle whether your agency is working on Policy/Strategy/Program: Please describe the Policy/Strategy/Program you will be working towards: (Only needs to be described in the first report unless it has changed) If Program, please describe how program will support or lead to Policy Development: How does this Policy/Strategy/Program improve Health Equity? Page 1 Page 159 SAN Ik F.RNAR€)3 NO Public Health ATTACHMENT C CO UNTY Healthy communities Has the Policy/Strategy/Program focused changed? If so, please describe the new or updated Policy/Strategy/Program: (Does not pertain to 1st quarterly report) Please provide steps/work that has been done towards the implementation of the Policy/Strategy/Program since the last reporting period: Has the Policy/Strategy/Program been passed or implemented, if so when: Page 2 Page 160 SAN Ik F.RNAR€)3 NO Public Health ATTACHMENT C CO UNTY Healthy communities Describe any challenges/barriers thus far in the passing or implementation of the Policy/Strategy/Program: Please list any TA Needs: Page 3 Page 161 PROGRAM BUDGET City Name: City of Rancho Cucamonga ATTACHMENT D Budget Category Amount Personnel in-kind Erika Lewis -Huntley, Management Analyst III Job Description: oversees, coordinates and leads citywide Healthy RC program and various initiatives in-kind Hope Velarde, Management Analyst I Job Description: manages Healthy RC program and other related initiatives to ensure they operate effectively, leads community engagement initiatives and serves as community liaison in-kind Kyla Mcllwee, RLHP Fellow Job Description: conducts research, aides in office operations, program data collection and analysis, assists with program maintenance TOTAL PERSONNEL Fringe Benefits 0% of total personnel costs Other Consultant $15,000 Printing $5,000 Materials and Supplies (stakeholder meetings, focus groups etc.) $5,000 TOTAL OTHER $25,000 SUBTOTAL (Total Personnel and Total Other) $25,000 Administration (include a detailed description of items within such as rent, utilities, etc.) TOTAL BUDGET (Subtotal + Administration) $25,000 Page 1 of 1 Page 162 •�1 DATE: November 7, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Tamara L. Layne, Finance Director SUBJECT: CONSIDERATION TO ADOPT A REIMBURSEMENT RESOLUTION FOR THE FIBER OPTIC NETWORK PROJECT AND TO AUTHORIZE ADDITIONAL APPROPRIATIONS FOR THE TEMPORARY TRANSFER OF FUNDS TO THE FIBER OPTIC NETWORK FUND FROM THE CAPITAL RESERVE FUND RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 18-110 entitled "A Resolution of the City Council of the City of Rancho Cucamonga Declaring its Intent to Issue Tax -Exempt Bonds to Be Used to Reimburse the City for Expenditures Prior to the Issuance of Tax -Exempt Bonds" and Authorize Additional Appropriations for the Temporary Transfer of Funds to the Fiber Optic Network Fund from the Capital Reserve Fund. BACKGROUND: At its September 20, 2017 meeting, the City Council adopted the City's Fiber Optic Master Plan that was prepared by Magellan Advisors. The Master Plan showed that the opportunity to provide gigabit broadband service is important not only in positioning the City for future economic development, but to attract businesses and commerce into the City. As noted in the staff report, Phase 1 of the Master Plan incorporates several important objectives including: • Establish a formal memorandum of understanding with a private broadband provider to partner with the City in establishing and marketing the proposed broadband utility (approved by City Council at its March 21, 2018 meeting); • Begin the first phase of the network design in repurposing existing assets and filling in gaps in our network infrastructure (in process); and • Implement a six-year capital investment plan in which the conduit gaps between the City and traffic conduits will be connected, interconnect to the City's new data center and expand the conduit infrastructure to key strategic areas throughout the City (in process). ANALYSIS: In furtherance of the Fiber Optic Master Plan, the City plans to finance the acquisition, design, construction, and equipping of a fiber optic network (the "Project") throughout the City. It is proposed that approximately $13.5 million (representing Phase 1 of the Project) of the estimated $21.6 million aggregate price to acquire, design, construct and equip the Project be funded from the proceeds of the proposed 2019 Lease Revenue Bonds (Fiber Optic Network Project) (the "Bonds"). A portion of the Bonds will be issued as tax-exempt obligations. The City desires to preserve the right to reimburse itself from the Page 163 proceeds of the Bonds for payments made by the City to acquire, design, construct and equip the Project prior to the issuance of the Bonds. Future phases of the project will be funded by accumulated revenues from future Fiber Optic Network operations. Bond Counsel, Best Best & Krieger LLP, has advised us that in order to satisfy federal tax requirements and maintain the tax exempt status of a portion of the Bonds sold, certain actions are necessary where the City desires to reimburse its Capital Reserve Fund for capital expenditures made prior to the time that the actual funds from the Bonds become available. Design work expenditures ("soft" costs) which may be funded initially from such City's Capital Reserve Fund funds may be reimbursed with proceeds of the Bonds under the authority of this Resolution. Capital facilities expenditures ("hard" costs), i.e., construction costs, incurred not more than 60 days prior to the adoption of the Resolution may also be reimbursed with proceeds of the Bonds. Since the City anticipates using some proceeds of the Bonds to reimburse the City's Capital Reserve Fund for capital expenditures for the Project, staff recommends that the City Council adopt Resolution No. iiE:RK11 FISCAL IMPACT: The issuance of the 2019 Lease Revenue Bonds is anticipated to be completed by the end of February 2019. Any Project -related contracts entered into prior to that time will be approved by the City Council; however, the cash to support the related contracts would need to be temporarily transferred from the Capital Reserve Fund to the Fiber Optic Network Fund on an as needed basis until the financing is completed. The amount needed will not exceed $2,000,000. 1 n order to accomplish this, the following additional appropriation is being submitted for approval: 1025001-9711 Transfer Out -Fiber Optic Network Fund $2,000,000 1711000-8025 Transfer In -Capital Reserve Fund $2,000,000 Once the Bonds are issued, the Fiber Optic Network Fund will reimburse the Capital Reserve Fund for the amount of cash actually transferred between the two funds in accordance with the Reimbursement Resolution approved by the City Council. COUNCIL GOAL(S) ADDRESSED: The implementation of the Fiber Optic Master Plan will enhance the City's position as the premier community in our region by expanding the availability of high speed broadband services to businesses within the program's service area. ATTACHMENTS: Description Resolution Page 164 RESOLUTION NO. 18-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DECLARING ITS INTENT TO ISSUE TAX-EXEMPT BONDS TO BE USED TO REIMBURSE THE CITY FOR EXPENDITURES PRIOR TO THE ISSUANCE OF TAX-EXEMPT BONDS WHEREAS, the City of Rancho Cucamonga (the "City") desires and intends to finance the design, construction and acquisition of various capital improvements to establish and expand a fiber optic network for the City in furtherance of its municipal purposes (the "Project"); and WHEREAS, the City expects to cause the execution, delivery and sale of tax- exempt obligations such as bonds, in one or more series, for the purpose of providing financing for all or a portion of the Project in a principal amount of approximately $13,675,000 (the "Obligations"); and WHEREAS, the City expects to incur certain expenditures relating to the Project and to pay for such expenditures from the City's moneys on hand prior to the execution of the Obligations (the "Reimbursement Expenditures"); and WHEREAS, the City reasonably expects to use a portion of the proceeds of the Obligations to reimburse the City for expenditures made prior to the date the Obligations are entered into: NOW, THEREFORE, BE IT RESOLVED and declared by the City of Rancho Cucamonga City Council as follows: Section 1. Declaration of Official Intent. The City hereby declares its official intent, subject to the further approval of this Council, to use up to $2,000,000 of the proceeds of the Obligations to reimburse itself for the Reimbursement Expenditures. It is intended 60285.00031 \31442752.1 Page 165 that this Resolution shall constitute a declaration of "official intent" within the meaning of Section 1.150-2 of the Treasury Regulations promulgated under Section 150 of the Internal Revenue Code of 1986, as amended. Section 2. Other Approvals. The adoption of this Resolution shall not bind the City to proceed with execution and delivery of the Obligations until and unless all other necessary actions and approvals are taken or received in accordance with all applicable laws. [Remainder of this page intentionally left blank.] 60285.00031 \31442752.1 -2- Page 166 Section 3. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED, AND ADOPTED this day of , 20_. AYES: NOES: ABSENT: ATTEST: Janice C. Reynolds, City Clerk 60285.00031 \31442752.1 -3 - L. Dennis Michael, Mayor Page 167 •�1 DATE: November 7, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Candyce Burnett, City Planner Mike Smith, Senior Planner, and Dat Tran, Assistant Planner SUBJECT: APPEAL OF PLANNING COMMISSION DECISION DRC2018-00865 — CONSIDERATION OF AN APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF HILLSIDE DESIGN REVIEW DRC2016-00672 — ANDRESEN ARCHITECTURE — THIS APPEAL INVOLVES A REQUEST FOR SITE PLAN AND ARCHITECTURAL REVIEW OF A PROPOSED 6,175 SQUARE FOOT SINGLE-FAMILY DWELLING UNIT AND A 674 SQUARE FOOT DETACHED SECOND DWELLING UNIT ON A VACANT LOT TOTALING 12,044 SQUARE FEET, LOCATED IN THE LOW (L) RESIDENTIAL DISTRICT IN THE HILLSIDE OVERLAY DISTRICT ON THE NORTH SIDE OF CAMINO PREDERA; APN: 0207-641-12. THIS ITEM IS EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND THE CITY'S CEQA GUIDELINES UNDER CEQA SECTION 15303 — NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES. RECOMMENDATION: Staff recommends the City Council hear the appeal, receive public testimony and review the decision of the Planning Commission to approve Hillside Design Review DRC2016-00672, and direct staff to prepare a resolution for one of the following: • Uphold the decision of the Planning Commission to approve Hillside Design Review DRC2016- 00672, and deny the appeal that was filed. • Approve the Appeal of the Planning Commission Decision DRC2018-00865, and deny the approval of Hillside Design Review DRC2016-00672. • Continue the public hearing to allow the applicant time to work with Staff on revisions and return it to the City Council for further review at an unspecified date in the future. Based on the City Council's direction, Staff will prepare a draft resolution and present it to the City Council for action at the next available meeting. Page 168 BACKGROUND: A. Project Description: The applicant, Andresen Architecture, on behalf of Hector and Angela Galvan, proposed a 6,175 square foot, three-story, single-family residence on Camino Predera. The project site is Lot 35 of Tract 10035 and is roughly 500 feet southeast of the intersection of Camino Predera and Red Hill Country Club Drive in the Low (L) Residential District, Hillside Overlay District. The project also includes a 674 square foot accessory dwelling unit (ADU at the rear of the lot. B. Review Process Timeline: The Hillside Design Review application for the proposal was submitted to the City in August 2016. City Staff processed the application and during several cycles of review requested that the applicant provide additional information about the project and revise the design of the house to ensure compliance with the General Plan and Development Code. The City deemed the application "Complete" for processing purposes in April 2018. The next step in the process was for the applicant to conduct a Neighborhood Meeting. This meeting is required by the City for all projects that will be reviewed by the Planning Commission and that are adjacent to residential development. The City requires that all owners of property within 660 feet of the project site be notified by mail by the applicant at least two (2) weeks prior to the meeting. C. Neighborhood Meeting_ The applicant held the Neighborhood Meeting at Valley Vista Elementary School on May 22, 2018. Approximately 16 residents, the applicant and his clients, and the planner from the City assigned to the project were in attendance. The applicant provided an overview of the proposed project to the residents and fielded questions from them. The residents had questions about the technical details of the project including the height, size, and building setbacks of the house and the amount of grading that would be required to construct the house. Their primary concerns were a) the size and scale of the proposed house and the ADU would be larger than the existing houses in the neighborhood and b) their view to the south, overlooking the hillside and the valley below, would be blocked. The applicant stated that he would review the plans and make modifications where possible to address these two issues. The residents also had questions regarding the City's policies and standards regarding the construction of new houses in hillside neighborhoods. They stated that the project was not in keeping with the City's Hillside Ordinance. Staff explained to the residents that the project was designed in compliance with Section 17.122.020 — Hillside Development — of the Development Code (the Hillside Ordinance). The residents also stated that the meeting was noticed incorrectly. They stated that the distance within which property owners received the mailed notices was only 300 feet. The applicant mailed out the notifications on May 4, 2018 (18 days before the date of the neighborhood meeting). Staff agreed that the letters were sent to only those within 300 feet of the project site. Staff became aware of this error on May 10, 2018, based on a phone call from a resident, and directed the applicant to notify the property owners who were not included in the original notification. Additional letters were mailed on May 11, 2018 (12 calendar days before the neighborhood meeting date). After the neighborhood meeting, the applicant made additional changes to the project to address the neighbors' concerns. The height of the accessory unit was reduced by 1 foot to a height of 15 feet. Changes were also made to the design of the covered patio and bedroom/bathroom area at the rear of the residence. These changes reduced the height of the overall house by 6 inches. D. Design and Technical Review Committees: As required by Section 17.16.140.E.4 of the Development Code, the project was presented to the Design Review Committee (Attachment 3) on June 19, 2018 to review the project's architecture and site planning. Approximately 15 residents from the community attended the meeting. During the "Public Communications" period of the meeting (which occurs at the beginning of the agendized items and before those items, such as the subject project, are reviewed) some of them stated the same concerns with the project that they had stated at the Neighborhood Meeting. Their primary concerns were the size and scale of the proposed house and the AD U. The residents stated Page 169 that previous City Council actions had overturned Planning Commission decisions approving residences in the neighborhood on the basis that they did not meet the Hillside Development Standards. The residents restated their concern about the public notification distance for the Neighborhood Meeting. A resident also commented to the Design Review Committee regarding issues relating to the project's compliance with the covenants, conditions and restrictions (CC&Rs) that govern the 38 lots, including the project site, within Tract 10035 (Attachment 9). That resident stated that the CC&Rs do not allow for approval of structures that block the views of adjacent property owners. The Committee received the public comments but did not provide any direct Analysiss as they could not do during the Public Communications period. Following public testimony, staff presented the proposal to the Design Review Committee. The Design Review Committee also heard from the applicant. During deliberation the Committee requested additional information from the applicant based on the concerns of the Committee and the public comment received from the neighbors in attendance. Specifically, the Design Review Committee member Rich Macias, who is also one of the Planning Commissioners, requested the applicant provide additional cross sections through the project site and requested that the applicant install story poles on the site so that the neighbors and staff could verify the height of the dwelling. The Design Review Committee completed their review of the project and accepted it as proposed. They recommended that the project be forwarded to the Planning Commission for review and approval. The Design Review Committee requested that these issues be addressed in the Planning Commission staff report so that the Planning Commission would have the full record of the project and requirements of the Design Review Committee. Additionally, the Design Review Committee requested that the details and background of the noticing for the neighborhood meeting and the CC&Rs, introduced during the Public Communications period of the meeting, be included in the Staff Report for the Planning Commission public hearing. The applicant installed the requested story poles at the project site on July 7, 2018. The poles were installed at various locations on-site. The poles included tape strung along the top of the poles to indicate the location of the proposed house's rooflines. The heights of the story poles were verified as accurate by the civil engineer for the project, Bonadiman & Associates, Inc. The City's Engineering Department reviewed the methodology and equipment used for verifying the pole heights and deemed the process acceptable. As required by Section 17.16.140.E.5 of the Development Code, the project was also presented to the Technical Review Committee on June 19, 2018 to review the project's compliance with technical code requirements. The Technical Review Committee accepted the design of the project as proposed without revisions and recommended that the project be forwarded to the Planning Commission for review and approval. E. Correspondence Received Prior to Planning Commission: Staff received three letters from concerned residents prior to the Planning Commission. The three letters were received on June 20, 2018 (letter dated June 19, 2018), October 3, 2018 and October 7, 2018. All three letters reiterated similar concerns that had been put forth during the Neighborhood Meeting and the Design Review Committee meeting. F. Planning Commission Public Hearing On October 10, 2018, the Planning Commission conducted a public hearing for the project (Attachment 1). Staff included the three letters of correspondence from the residents in the Staff Report for review and consideration by the Planning Commission (Attachments 7 and 8). 1 n addition to the Staff Report and the letters of correspondence, the Planning Commission also received comments from two members of the public indicating opposition to the project on the day of the public hearing. Following their deliberations, the Commission approved the project in a 4-1 vote (4 in favor, 1 against) and adopted Resolution No. 18-69 that included special and standard conditions of approval (Attachment 2). G. Appeal Letter: On October 18, 2018, a letter was submitted to the City within the required 10 -day Page 170 period appealing the Planning Commission's approval of the project (Attachment 6). The letter was signed by 11 residents ("the appellants") from the neighborhood. ANALYSIS: A. General — Analysis to Appeal Issues: Several concerns were raised by residents in opposition to the project. The following topics of concern were identified in the letter of appeal are summarized as follows with Staff's Analysis in italics: 1. Loss of Views: The appellants state that the project will negatively impact views as seen from neighboring, existing residences, and is inconsistent with the design standards and guidelines described in Section 17.122.020 — Hillside Development — of the Development Code. Staff Analysis: The project is subject to the development standards of the Hillside Overlay District (hereafter referred to as `the Overlay'). The standards that apply in the Overlay are established and described in Section 17.122.020 — Hillside Design Standards and Guidelines - of the Development Code. The Hillside Design Standards (Ordinance) is not a view preservation ordinance. It does not prohibit residents from impairing the views of others by restricting development or limiting development to a certain height. While it seeks to orient homes to allow view opportunities, it acknowledges that "such views maybe limited" (Section 17.22,020. B. 2). Instead, The Hillside Design Standards and Guidelines are divided into two types of requirements, "standards" and "guidelines" The Standards are requirements that projects must comply with. There is limited flexibility to modify them. In contrast, guidelines are requirements that a project should follow, but permit a greater flexibility in the method to reach them. Section 17.122.020.6 also contains multiple guidelines that are related to view preservation. These view preservation guidelines recommend that houses have, for example, variable setbacks and orientations, and be oriented in a way that preserves the natural contours of the land and preserves viewing opportunities. Some of the guidelines such as variable setbacks, variable building orientation, and clustering can only be applied to projects that are residential subdivisions as those projects have multiple structures that, collectively, could have different, i.e. variable setbacks; different (variable) building plot plans; and plotting buildings in a specific area on a project site while leaving the remainder undeveloped. It is not possible to do this with one house such as the proposed project. Also, the project site is within a previously approved subdivision where the existing property line dictate how much variability in setbacks, orientation, or location on the property is possible. However, the project complies with other guidelines of this Section due to, for example the architecture of the house and site grading. The Hillside Design Standards and Guidelines includes several architectural design standards (Section 17.122.020.D) that limit the loss of views. One of the architectural standards (Section 17.122.020.D.1.e) applies a maximum height limit forstructures in the Overlay that is lower than the height limit that applies to single-family residential development outside of the Overlay (30 feet vs. 35 feet as measured from finished grade). A reduced height of 5 feet minimizes potential visual impacts to surrounding properties. Due to the contemporary architecture of the proposed house and the ADU, the roofs of both are flat (horizontal) which minimizes the overall height of the structures. The flat roof minimizes the massing and profile of the house above the second floor. Conventionally designed houses, including those on the adjacent properties, have pitched roofs. A pitched roof typically adds about 5 feet to a structure's height. The roof is also terraced, with the front of the house having a lower roof line. This terracing allows for the second floor of the building to match the natural topography of the project site and adjacent properties. These design solutions implemented by the applicant help minimize the potential impact to the view to the south from the adjacent lots. Page 171 The stricter height limit and terracing also ensures that the proposed house is lower in height relative to existing houses on the adjacent lots to the east and north. The highest point of the roof of the proposed house is roughly 11 feet lower than the highest point of the roof of the house on the lot to the east. The house to the north of the site is situated on a higher grade. The highest point of its roof is roughly 18 feet above the highest point of the roof of the proposed house. The deck of the second -floor balcony of that house to the north is roughly 5 feet above the highest point of the roof of the proposed house. The attached Elevations and Sections shows the heights of the house compared to existing residences (Attachment 9). Because the proposed house is at a lower grade and cannot exceed a height of 30 feet, it will not exceed the heights of the existing houses in the neighborhood. This was verified by the view poles that Design Review Committee member Rich Macias requested be installed on the project site. Therefore, the houses to the north and east of the property will be taller than the proposed house, and residents'views in the direction generally to the south will not be substantially affected. Another architectural standard (Section 17.122.020. D. 1. c) requires that parts of a dwelling unit such as a garage be detached. Residents in opposition to the project contend that if the garage was separate, the height of the house would be lower and minimize the view loss. The standard, however, only uses the garage as an example of what can be detached. Any section of the house can be separate in lieu of the suggested garage. In this particular case, the AD is detached from the rest of the house, reducing the overall mass and scale of the primary residence. The design of the garage, despite being attached, meets the intent of the Hillside Design Standards and Guidelines. The garage is partially subterranean, and above the ground only at the front of the house to allow for vehicle access. The partially subterranean garage allows the overall height of the house to be significantly reduced when compared to the alternative of a detached above -ground structure. Construction of a subterranean garage allows the finished grade level to be lowered from the current grade of the site. The current grade of the site is roughly 10 feet higher than the lowered grade with the subterranean garage. Without the garage, the 30 feet maximum height limit would be measured starting from the current grade. With the subterranean design of the garage, the measurement of the 30 feet maximum height limit begins at the lowered grade level. The height of the house above existing grade levels is thereby reduced by 10 feet in turn. Without the attached subterranean garage, the height difference of 11 feet and 18 feet for the houses to the east and north, respectively, would be reduced to 1 foot and 8 feet, respectively. This reduction in the height difference would potentially create view loss for those adjacent houses. The Hillside Design Standards and Guidelines architectural standards (Section 17.122.020. D. 1) also requires buildings to be terraced to follow slope, have grade separation that step up to the natural slope, and to orient the roof slope in the same direction as the natural slope. The house is situated on two finished surface levels, with a separation of roughly 11 feet between them. The house is terraced from north to south, with a design concept that follows the natural contour of the land. The flat roof design is also terraced and from north to south. These standards were designed to minimize the overbuilding of hillside lots or crowding and to preserve the natural features of the land and minimize the blocking of views. The house's mass conforms to the natural slope, reducing in height as the grade decreases. As the proposed house will be at a lower height, that allows for the existing neighboring houses that are at a higher grade levels to maintain the view space proposed house's roofline. While the architectural standards in Section 17.122.020.D indirectly help to protect the views of the existing houses, through the reduction of height, detachment of structures and terracing requirements as explained above, the Hillside Design Standards and Guidelines do not prohibit all view obstructions for individual houses in hillside neighborhoods in the way an easement might. The Hillside Design Standards and Guidelines establishes some view preservation requirements in Section 17.122.020.8. One such standard requires the views of "any significant public vista or view corridor as seen from a secondary collector or major arterial to be maintained." The proposed house does not block any significant public vista or view corridors as defined on page L U-90 of the General Plan and identified in Page 172 Figure LU -6 (Community Design Framework) on LU -75 of the General Plan. Public vista and view corridors include prominent major streets (e.g. Haven Avenue, Archibald Avenue, etc.) and scenic resources (e.g. stands of eucalyptus windrows, vineyard) that enhances views. Camino Predera and the nearby Red Hill Country Club Drive are local streets and are not classified as "Secondary", "Collector", or "Major Arterial" streets. These street types are identified in Figure CM -2 (Circulation Plan) on page CM -9 of the General Plan. Therefore, this standard is inapplicable to the Project. The plotting of the house follows the topography to the maximum extent possible. It is similar to the other houses in the neighborhood and oriented in the same manner, terraced from north to south, to preserve the natural characteristics of the hillside areas. The project also incorporates larger setbacks than required by the development standards applicable to the Low (L) Residential District that helps to protect the views of adjacent residents. For example, the primary residence has a rear yard building setback of 41 feet, 11 inches from the property line. This setback exceeds the required minimum rear yard building setback of 20 feet. The increased setback shifts the plotting of the house towards the front of the lot, which is at a lower part of the property. Because of the lower grade profile, the house is lower in height relative to the highest points of the existing houses to the north and east of the project site. If the house was plotted at the minimum rear yard building setback back, it would be located closer to the rear of the lot and at a higher elevation. A higher elevation would have resulted in a house with a greater maximum height relative to the surrounding properties and create a greater impact on views. Therefore, the proposed house meets the Hillside Design Standards and Guidelines by minimizing view loss impact using the required design standards. 2. Site Development: The appellants state that the project does not conform to the requirements of the Development Code and the Hillside Design Standards and Guidelines. Staff Analysis: The applicant proposes to construct a 6,175 square foot, three-story, single-family residence on the project site. The project complies with all the requirements of the Low (L) Residential District. The table below shows the lot coverage, setback and height of the project site compared to the requirements described in table 17.36.010-1 in the Development Code. Low (L) Residential Requirement District Lot Coverage (maximum) 40% Project 34% Height (maximum) 35 feet 30 feet Setbacks (minimum) Front 37 feet 53 feet Rear 20 feet 41 feet West 10 feet 10 feet East 5 feet 6.8 feet All setbacks are measured to the wall face of the house. Development Code Section 17.34.040 - Setback Requirements and Exceptions, states that eaves may project into required yards a maximum distance of 3 feet, provided such appendages are supported only at, or behind, the building setback line. The proposed residence has eaves that project 1'-6"into both side setback areas and a chimney that extends 2 feet into the west side setback area. Chimneys may project into required yards a maximum distance of 2 feet, provided such features shall be at least 3 feet from a property line. The chimney is set back 8 feet from the property line. As proposed, the project conforms to all development standards in the Development Code as required for new houses. As stated in the "Section A.1 - Loss of View" above, the project also complies with the provisions of the Hillside Design Standard and Guidelines, which seeks to facilitate appropriate development of hillside areas. The project site is an upslope lot with an elevation change from approximately 1365 feet (above Page 173 sea level; ASL) at the rear/north property line to approximately 1330 feet (ASL) at the front/south property line, approximately 35 feet change from the north to the south property lines. Due to the change in grade, Staff required the house to be terraced to follow the natural contours of the project site. The house has split floors/finished pads and grade separations to permit the structure to "step up" with the natural slope. Design elements such as front -facing roof gables were not permitted at the front of the residence to ensure that the roof would be oriented in the same direction as the natural slope. The Hillside Design Standards and Guidelines section does not contain a specific requirement for either lot coverage or setback requirements. Therefore, the project is subject to and meets the lot coverage and setback requirements of the Low (L) Residential District. The design of the proposed house met all of these standards and guidelines as its visual massing is reduced and the floor plan of the house is terraced as intended by the Hillside Design Standard and Guidelines. 3. Compatibility: The appellants state that the project will not be compatible with the existing residences, and the hillside residential character of the neighborhood, near the project site, due to the mass and scale of the proposed house and the ADU onsite. Staff Analysis: The contemporary architecture of the proposed house allows for its floor area to be larger without a corresponding increase in the visible mass of the structures. The size of the proposed house (6,175 square feet) is larger than previously proposed houses built since 2000 along Camino Predera. Including the ADU, the combined floor area of the project is 6,849 square feet. Because the garage is located underground, 1, 231 square feet of the structure would be obscured from view on three sides by the surrounding grade. As a result, the visible mass of the house above ground is 4,944 square feet. For comparison, that is less than the floor area of the house at 8054 Camino Predera (5,369 square feet) and 703 square feet more than the average floor area (4,241 square feet) of all the houses along Camino Predera that have been built since 2003. The scale and massing of the proposed house is similar to surrounding houses. The attached Elevations and Sections shows the heights of the proposed house compared to the existing houses (Attachment 8). The finished pad elevation of the first floor is 1,352 feet (ASL), and the garage pad elevation is 1,341 feet (ASL). The ADU has a finished floor elevation of 1,352 feet (ASL). The finished floor elevations of the houses to the west and east are 1,343 feet (ASL) and 1,359 feet (ASL), respectively. The average between the two floor elevations of those houses is 1,351 feet (ASL). The finished floor of the proposed house is approximately 1 foot higher than the average. The highest point of the proposed house, measured at the top of the roof, is 1,373 feet (ASL). The heights of the houses to the west and east are 1,363 feet (ASL) and 1,385 feet (ASL), respectively. The height of the proposed house is approximately 10 feet higher than the highest point of the house to the west and approximately 12 feet lower than the highest point of house to the east. Relative to the project site, the house to the north has a finished floor of approximately 1,372 feet (ASL). The height of the highest point of the house, as measured from the top of the roof, is 1,392 feet (ASL). The finished floor and finished height of the proposed house is 20 feet and 19 feet, respectively, below the corresponding features of the house to the north. The form and massing of the proposed house follows the topography of the surrounding area from north to south and from west and east. Therefore, the height of the house is generally compatible in Staff's professional opinion with other houses and is in conformance with Section 17.122.020 — Hillside Development — of the Development Code. The partially subterranean garage also minimizes the footprint of the house, while allowing for additional living space for residents. The subterranean garage allows for the site to have 4,944 square feet of living space, while limiting the total lot coverage of the site to roughly 34% (3,437 square feet footprint). With an above ground garage, the main residence's footprint would increase as the lot coverage is calculated using the square footage of all above ground covered structures. The site could potentially have up to 40% lot coverage as permitted in the Low (L) Residential District. This second scenario of an above ground garage would entail a reduction in living square footage, as the above Page 174 ground garage would increase the total site footprint from 3,437 square feet to 4,668 square feet (4% above the allowed lot coverage). The reduction to living space square footage would be accompanied by an expansion of the building's above ground mass and footprint. In Staff's professional opinion, the expansion of the building's mass and footprint would make it less compatible with the existing residences in the neighborhood. Therefore, the size and arrangement of the components of the proposed house would keep it comparable in size with existing houses in the neighborhood while allowing for additional living space for the residents, resulting in a structure whose mass and scale is generally compatible with the neighborhood. The applicant has developed a proposal that complies with the Development Code. The proposal meets the technical and design standards and guidelines described in the Development Code. The house complies with all objective standards, such as size, height, and setbacks. In addition, Staff determined, and the Planning Commission found, that the overall design is generally compatible with the residential character of the neighborhood. However, the project's architectural style and aesthetic features and compatibility with the neighborhood is a subjective measure that the City Council must consider as part of the appeal. The Planning Commission recently approved Hillside Design Review DRC2015-00604 for a house on the south side of Camino Predera (Lot 4 of Tract 10035) on February 14, 2018. The approved proposal was for a 3 -story, 3,778 square foot house with a contemporary architectural theme. The proposed house on Lot 12 was subject to the same design review process as the proposed house on Lot 35 that is the subject of this appeal. This process included a Neighborhood Meeting (held on August 17, 2017) with approximately 20 residents in attendance, and a review by Design and Technical Review Committees (held on November 14, 2017) that both recommended approval to the Planning Commission. The approval of that project by the Planning Commission was not appealed to the City Council. 4. Covenants, Conditions, and Restrictions (CC&Rs): The appellants state that the project also violates the CC&Rs established over the neighborhood (Attachment 10). The CC&Rs were recorded for Tract Map 10035 in August 1988, which consists of the 38 lots along Camino Predera. As noted previously, the subject property is Lot 35. The CC&Rs established restrictions for development of the tract, which includes a provision prohibiting the owners of a property within the tract from constructing any improvements that would unreasonably obstruct the view from any other lot in the project. The CC&Rs also prohibit the construction of an accessory dwelling unit. Staff Analysis: CC&Rs are private restrictions and requirements placed on each lot of a subdivision to protect and govern the rights of private property owners. Projects must comply with the City's regulations but may also be subject to additional restrictions in the CC&Rs. While the City often reviews CC&Rs before they are recorded to ensure they comply with the conditions imposed on a subdivision map per Development Code Section 16.18.060, the City does not enforce CC&Rs. In this case, the City has no legal standing to enforce the CC&Rs. The CC&Rs do not name the City as a party to the agreement, nor does it authorize the City to enforce requirements and restrictions placed upon property owners. Instead, the City exercises its land use controls to govern the development and use of land. Section 2.04 and 5.02 in the CC&Rs specifically outline procedures for resolving view obstruction disputes between property owners. In the event of a dispute between owners, the dispute shall be submitted to an Architectural and Landscape Committee consisting of members elected by the property owners. The Architectural and Landscape Committee would render a binding decision on the dispute. Property owners in dispute with the proposed improvements must resolve their dispute via the procedures established in the CC&Rs. The City cannot legally enforce these particular CC&Rs. Additionally, the CC&Rs expressly recognize the potential for future improvements on individual lots and the potential for these improvements to obstruct existing views in the neighborhood. The CC&Rs state `that the line of sight from Lots in the Project at the time such Lots were originally offered forsale Page 175 to the public by Declarant may be subject to subsequent obstruction as a result of future construction or plantings by Declarant or other Owners. " 5. Accessory Dwelling Unit (ADU): The appellants state that the project proposes an accessory dwelling unit that is out of compliance with Development Code Section 17.100.020 — Accessory Dwelling Units. The appellants also states that the accessory dwelling unit is not allowed per the CC&Rs (August 1988). At the October 10th public hearing, one speaker stated that the City is not required to permit ADUs because Government Code Section 65858.2(a)(1) includes the word "may" in describing the City's authority over ADUs: "A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily use." Staff Analysis: As previously stated in the Planning Commission Staff Report, ADUs are legally permitted in the State of California. The State passed Assembly Bill (AB) 2299 on September 27, 2016. The Bill went into effect on January 1, 2017. The Planning Commission reviewed and approved the proposed project on October 10, 2018. Therefore, the project falls under the requirements of the Bill. Senate Bill 1069 prohibits local governments from adopting an ordinance that precludes ADUs and AB2299 requires local governments to ministerially approve ADUs if the unit complies with certain parking requirements and is less than 1200 square feet in size. Under SB 1069 and AB2299, the City cannot restrict the applicant from proposing and constructing an ADU that falls within these requirements as long as it complies with the other City requirements. The proposed ADU is 674 square feet and meets all other requirements. Although AB2299 regulates the square footage of the ADU, the Bill does not limit the City's ability to regulate the scale of the building. Accessory structures such as ADUs are limited to a height of 16 feet in the rear yard (within 30 feet of the property line) per Development Code Section 17.42.040-1. The proposed ADU is partially embedded into the slope at rear of the property. The height of ADU is 15 feet as measured from finished grade (1,366 feetASL). The ADUs finish floorlevel is at 1,351 feetASL, which is about 10 feet below the existing grade on the project site. Due to the ADU being embedded into the slope, the height of the roof is at about the same elevation as the rear property line. And, it is about 5 feet lower than the deck surface on the property to the north. Assembly Bill 2299 also takes precedence over the CC&Rs' prohibition of accessory dwelling unit. Furthermore, as discussed in "Section A.4 - Covenants, Conditions, and Restrictions (CC&Rs) " above, the City has no legal standing to enforce the restrictions. Property owners in dispute with the proposed improvements must resolve their dispute via the procedures established in the CC&Rs. Regarding the comment from the public received at the Planning Commission public hearing on October 10, 2018, the language in Government Code Section 65858.2(a)(1) does not grant cities discretion to determine whether ornot to allowADUs within theirjurisdiction. Instead, it allows cities to adoptADU regulations that differfrom the minimum requirements of state law. If the City does not adopt an ADU ordinance, then the statute's minimal ADU regulations apply by default and the City would lose some control over newADUs. The California Department of Housing and Urban Development has clearly stated that local governments cannot preclude ADUs. Additionally, on September 5, 2018 staff prepared and presented to City Council for consideration an ordinance to further regulate ADU's in conformance with SB 1069 and AB2299. The ordinance confirmed that ADU's would be subject to the City's current design standards, setbacks, height requirements and lot coverage requirements in lieu of allowing the unrestricted guidelines ofAB 2299. The City Council unanimously voted to approve the ordinance. The ordinance became effective on October 19, 2018. B. Analysis to Comment Letter Submitted by Rakan and Maria Alamat: Several concerns were raised by appellants Mr. and Ms. Alamat in opposition to the project in a separate letter submitted to the City on Page 176 October 3, 2018 (first letter of Attachment 8). The following topics of concern are summarized as follows with Staff's Analysis in italics: 1. Previous Actions by Planning Commission and City Council: Mr. Alamat's letter generally states that in 2004 the City Council reversed the Planning Commission's approval of another, unrelated single-family residence that was proposed on Lot 12 of Tract 10035. The Commission approved that project and the approval was appealed to the City Council who "upheld the appeal and denied the project proposal" because of the distinctive residential character of the community, that it did not enhance nor continue the existing residential character, that the proposed design did not address the hillside setting and the applicable development standards, and it did not present design features and scale that are in keeping with the character of the area. Staff Analysis: The subject project, Hillside Design Review DRC2003-00961, was approved by the Planning Commission on May 26, 2004. The City Council reviewed an appeal of the approval on July 7, 2004 and directed staff to draft a resolution of approval to approve the appeal, thereby denying the project. At the following meeting on July 21, 2004, the City Council re -reviewed the appeal request. The City Council voted 4-1 to continue the appeal under consideration for one month to allow for the applicant, planning staff and residents to work out the issues. Following the meeting, the applicant worked with staff and the neighbors to revise the project design. The modified plans were resubmitted to the City Council for review on August 18, 2004. The City Council voted 5-0 to uphold the decision of the Planning Commission. The house, at 8045 Camino Predera, was constructed and finaled for occupancy in 2007. 2. Hillside Ordinance: Mr. Alamat's letter states that the project does not conform to Hillside "Ordinance" Section 17.122.020 — Hillside Development. Specifically: a. "The project does not comply with Development Code Section 17.122.020.B.1.a, 'Any significant public vista or view corridor as seen from a secondary collector or major arterial shall be maintained.' The view will be blocked." Staff Analysis: Development Code Section 17.122.020.B.1.a — This Development Code standard applies to public vistas or view corridors as seen from secondary collectors or major arterials. As stated above, neither Camino Predera nor Red Hill Country Club Drive are secondary collectors or major arterials. Therefore, this provision of the Hillside Ordinance is inapplicable to the Project. b. "The project does not comply with Development Code Section 17.122.020.B.2.b, 'Projects should incorporate clustering, variable setbacks, multiple orientations, and other site planning techniques to preserve open spaces, protect natural features, and offer views to residents.' This project offers unobstructed views to the developer, but obstructs views of adjacent neighbors behind the proposed project." Staff Analysis: Development Code Section 17.122.020.B.2.b — The purpose of this guideline is to incorporate certain design techniques that help preserve open spaces, protect natural features, and offer views to residents. It is not a requirement to provide views to all residents in the neighborhood. Techniques like clustering applies to the development of a residential subdivision, or similar, and is not an option for this project as it is one single-family residence. Furthermore, the plotting of the proposed house is consistent with that of the houses within the surrounding neighborhood. c. "The project does not comply with Development Code Section 17.122.020. D. 1.c, 'Detach parts of a dwelling such as a garage.' The project includes two-story dwelling unit to be built on top of the garage." Staff Analysis: Development Code Section 17.122.020.D.1.c — This architectural standard requires that parts of a dwelling unit such as a garage be detached. As previously discussed, the design of the garage, despite being attached, meets the intent of the Hillside Design Standards and Guidelines. The garage is partially subterranean, and above the ground only at the front of the house to allow for vehicle Page 177 access. The partially subterranean garage allows the overall height of the house to be significantly reduced when compared to the alternative of a detached above -ground structure. The proposed ADU meets the intent of Section 17.122.020. D. 1.c in lieu of the garage, as it is a detached structure. d. "The project does not comply with Development Code Section 17.122.020.D.2.a, 'The design of the structure shall give consideration to the lot's size and configuration in order to avoid the appearance of overbuilding or crowding and to minimize the blocking of views. For example, within a development, the majority of the units should not be designed with minimum setback to minimum setback.' Staff acknowledges this fact in their June 19, 2018 Report. This proposed project is going to be the largest dwelling on Camino Predera and it will block views." Staff Analysis: Development Code Section 17.122.020.D.2.a — The project's design conforms to the Development Code and the Hillside Design Standards and Guidelines, the latter of which is established through the Hillside Ordinance. The house's height is limited to 30 feet and terraced to follow the natural topography in the neighborhood. The home's mass conforms to the natural slope, reducing in height as the grade decreases from north to south and east to west. The home has a flat roof and a subterranean garage. Both features reduce the mass and scale of the building. Lastly, the project meets all setback requirements and, in some cases, provides for increased setbacks. These design features were incorporated to minimize the overbuilding of hillside lots or crowding and to preserve the natural features of the land. In summary, the proposed house complies with the design and technical requirements described in the Section 17.122.020 — Hillside Development of the Development Code that were identified by Mr. Alamat. 3. Development Code: Mr. Alamat's letter states that the project does not conform to the City's Development Code. Specifically: a. "The design and layout of the proposed development doesn't comply with applicable elements of the City's General Plan." Staff Analysis: The General Plan's Goal LU -8 and Policies LU -8.1 through LU -8.10 contain hillside development guidelines and are relevant to this project. The intent of these Goals and Policies is to protect visually attractive hillsides through the regulation of new developments. The Goals and Policies establish that development should be sensitive to the natural form of the hillside. Development should limit the extent of onsite grading and provide for innovative design and arrangement of building site to retain significant habitat and features. Building designs, such as massing, height and architecture, should be designed in a way to blend into the surrounding hillside conditions. Lastly, the Policies recognize that the Development Code and Hillside Ordinance contain a comprehensive set of hillside development regulations. These regulations provide specific requirements that projects must adhere to and facilitate these goals and policies. As discussed in Section A — General above, the project's design conforms to the Development Code and the Hillside Design Standards and Guidelines, the latter of which is established through the Hillside Ordinance. The house's height is limited to 30 feet and terraced to follow the natural topography in the neighborhood. The home's mass conforms to the natural slope, reducing in height as the grade decreases from north to south and east to west. The home has a flat roof and a subterranean garage. Both features reduce the mass and scale of the building. These design features were intended to minimize the overbuilding of hillside lots or crowding and to preserve the natural features of the land, as intended by the General Plan. b. "The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of neighboring, existing, or future developments. The views and enjoyment of the neighboring Page 178 dwellings will be affected." Staff Analysis: The project's design conforms to the Development Code and the Hillside Design Standards and Guidelines, the latter of which is established through the Hillside Ordinance. The house's height is limited to 30 feet and terraced to follow the natural topography in the neighborhood. The home's mass conforms to the natural slope, reducing in height as the grade decreases from north to south and east to west. The home has a flat roof and a subterranean garage. Both features reduce the mass and scale of the building. Lastly, the project meets all setback requirements. These design features were incorporated to minimize the overbuilding of hillside lots or crowding and to preserve the natural features of the land. Furthermore, the plotting of the proposed house is consistent with that of the houses within the surrounding neighborhood. Therefore, the design and layout will not adversely impact use and enjoyment of neighboring, existing or future developments. c. "The architectural design of the proposed development is incompatible with the character of the surrounding neighborhood and will not maintain the harmonious, orderly and attractive development contemplated by this Section and General Plan of the City. The proposed project does not protect or maintain the already established residential neighborhood." Staff Analysis: The General Plan includes a section dedicated to overall Community Design goals. The Community Design (LU -69 through LU -73) section establish General Design Principles the encourage high quality design of new homes in the City. The Principles encourage innovative design that strive to serve a community's residents. The proposed residence has a contemporary design theme, which includes a variety of secondary materials and finishes. The architectural design of the residence also incorporates variations in the roof height to interrupt the wall plane at the side and rear elevations, creating visual interest. As previously mentioned, the building has a flat roof and a subterranean garage. Both unique design features help minimize view impacts. Thus, in Staffs professional opinion the overall design of the building is high-quality and generally compatible with the surrounding houses in the neighborhood and along Camino Predera because of the use of features such as high quality materials, variations in roof height, and wall plane interruptions. While architectural style compatibility is often subjective, there is a lack of a uniform architectural style in the neighborhood and, in Staffs professional opinion, concludes this style would be compatible because there is no uniform style in the neighborhood. d. "The design of the proposed development will not provide a desirable environment for its occupant and the visiting public as well as its neighbors." Staff Analysis: The proposed project, a single-family residence, is on a vacant residential lot that is surrounded by residential development where there is existing infrastructure, e.g streets and utilities. It is subject to land use controls to ensure that infill development is compatible with neighboring uses. The proposed project is not a non-residential structure or use that would negatively impact the surrounding neighborhood. The project site is designated for residential development in the General Plan and Zoning Map. The project is subject to, and complies with, Section 17.122.020 — Hillside Development — of the Development Code as discussed in "Section A — General" above. Therefore, the project is unlikely to provide an undesirable environment for its neighbors. 4. General Plan — Guiding Principles: Mr. Alamat's letter states that the project is not consistent with several Guiding Principles in the General Plan. Staff Analysis: Although the Guiding Principles (pages 1-6 through 140) of the General Plan establish overarching themes for development of the City. A "guiding principal is a dream about the future that is shared by the community." The principles are vision statements that are general in nature that were set by the community for the development of the City. The General Plan is the foundation for many of the City's regulatory documents, including the Development Code and design guidelines. All proposed Page 179 development is evaluated and guided by the General Plan. This is accomplished through standards and guidelines in the Development Code that were derived from the Goals and Policies in the General Plan. These standards and guidelines are the specific requirements that projects must adhere to. Projects that conform to the Development Code standards are therefore consistent with the Guiding Principles in the General Plan. Staff has discussed in "Section A — General" above how this project complies with the Development Code and, therefore, the General Plan. 5. General Plan — Goals and Policies: Mr. Alamat's letter states that the project is not consistent with several Goals and Policies in the General Plan. a. Mr. Alamat stated the project was not consistent with Goal LU -1 — "Ensure established residential neighborhoods are preserved and protected, and local and community -serving commercial and community facilities meet the needs of residents." Staff Analysis: The proposed project, a single-family residence on a vacant residential lot by residential development. No demolition or removal of existing structures is proposed nor required. The proposed project is not a non-residential structure or use that is incompatible with the surrounding neighborhood. The project is subject to, and complies with, Section 17.122.020 — Hillside Development— of the Development Code as discussed in "Section A — General" above. Therefore, the project is consistent with Goal LU -1. b. Mr. Alamat stated the project was not consistent with Goal LU -2 — "Facilitate sustainable and attractive infill development that complements surrounding neighborhoods and is accessible to pedestrians, bicycles, transit, and automobiles." Staff's Analysis: This goal is more applicable to high density development such as mixed use project where the intention is for enhanced accessibility for pedestrians, bicycles, and transit. The proposed project, a single-family residence on a vacant residential lot within a low density single-family residential development. c. Mr. Alamat stated the project was not consistent with Policy LU -2.4 — "Promote complementary infill development, rehabilitation, and re -use that contribute positively to the surrounding residential neighborhood areas." Staff Analysis: The proposed project, a single-family residence, is on a vacant residential lot that is surrounded by residential development where there is existing infrastructure, e.g streets and utilities. It is subject to land use controls to ensure that infill development is compatible with neighboring uses. The proposed project is not a non-residential structure or use that would negatively impact the surrounding neighborhood. The project site is designated for residential development in the General Plan and Zoning Map. The project is subject to, and complies with, Section 17.122.020 — Hillside Development — of the Development Code as discussed in "Section A — General" above. Therefore, the project is consistent with Policy L U-2.4. d. Mr. Alamat stated the project was not consistent with Policy LU -8.6 — "Require that hillside development minimize alteration of natural landforms, and encourage clustering where feasible to retain maximum open space." Staff Analysis: The project was designed according to the standards and guidelines of Section 17.122.020 — Hillside Development— of the Development Code. The project maintains existing slopes to the extent that is feasible; does not obstruct or unnecessarily interfere with, for example, existing wildlife corridors, drainage patterns, and ridgelines. Clustering applies to the development of a residential subdivision, or similar, and is not an option for this project as it is one single-family residence. Furthermore, the plotting of the proposed house is consistent with that of the houses within the surrounding neighborhood. Therefore, the project is consistent with Policy L U-8.6. Page 180 e. Mr. Alamat stated the project was not consistent with Policy LU -8.7 — "Blend hillside development with natural surroundings through architecture and the use of appropriate construction materials, colors, and natural vegetation." Staff Analysis: The project is subject to, and complies with, Section 17.122.020 — Hillside Development — of the Development Code. The proposed project incorporates architecture and plotting that accommodates the natural terrain. The ADU is a detached structure contributes to achieving this outcome. The proposed house has massing, height, and a roof design that preserves the character of the hillside as discussed in "Section A — General" above. Therefore, the project is consistent with Policy L U-8.7. f. Mr. Alamat stated the project was not consistent with Policy LU -8.10 — "Hillside development shall be controlled by customized regulations." Staff Analysis: The customized regulations that apply to the project are described in Section 17.122.020 — Hillside Development— of the Development Code. As discussed in "Section A — General" above, this project complies with that section of the Development Code. Therefore, the project is consistent with Policy L U-8.10. g. Mr. Alamat stated the project was not consistent with Policy LU -9.1 — "Preserve and enhance the special qualities of existing districts and neighborhoods through focused attention on land use, community design, and economic development." Staff Analysis: The project is subject to design and technical standards/guidelines that are described in Section 17.122.020 — Hillside Development— of the Development Code. The purpose of these standards and guidelines is to ensure that the project does not negatively impact the surrounding neighborhood. As discussed in "Section A — General" above, this project complies with that section of the Development Code. Therefore, the project is consistent with Policy L U-9.1. h. Mr. Alamat stated the project was not consistent with Policy L U-13.1 — "On north -south roadways, open space corridors, and other locations where there are views of scenic resources, trees, and structures, encourage framing and orientation of such views at key locations, and endeavor to keep obstruction of views to a minimum." Staff Analysis: The proposed house does not block any significant public vista or view corridors as defined in the General Plan. Public vista and view corridors include prominent major streets and scenic resources that enhances views. Camino Predera is a local street and is not classified as "Secondary", "Collector" or "MajorArterial" street. The project is subject to design and technical standards/guidelines that are described in Section 17.122.020 — Hillside Development — of the Development Code. The purpose of these standards and guidelines is to ensure that the project does not negatively impact scenic resources. As discussed in "Section A — General" above, this project complies with that section of the Development Code. Therefore, the project is consistent with Policy LU -13.1. 6. Miscellaneous Documents — Compass Strategies and Covenants, Conditions, and Restrictions (CC&Rs): Mr. Alamat's letter states that the project is not consistent with these documents. Staff Analysis: The "Compass Blueprint" is a document that was cited in the Draft Program Environmental Impact Report that was prepared for the 2010 General Plan Update. The Compass Blueprint was prepared by the Southem Califomia Association of Govemments (SCA G), a regional planning organization consisting of six (6) counties including San Bernardino County. This document applies to the area subject to SCA G and is for the purpose of transportation planning and future bus rapid transit (BRT) on a regional level. The document was not designed to regulate specific, local -level projects such as the proposed project. It was cited in the 2010 General Plan Update DEIR in order to Page 181 demonstrate its consistency with the Compass Blueprint. Additionally, the City obtained a grant from SCA G to prepare a focused -level study for the portion of Foothill Boulevard within the City. This study is consistent with the focus of SCA G's regional -level study. Therefore, this document does not directly apply to the project. Regarding the Covenants, Conditions, and Restrictions (CC&Rs), CC&Rs are private restrictions and requirements placed on each lot of a subdivision to protect and govern the rights of private property owners. Projects must comply with the City's regulations but may also be subject to additional restrictions in the CC&Rs. While the City often reviews CC&Rs before they are recorded to ensure they comply with the conditions imposed on a subdivision map per Development Code Section 16.18.060, the City does not enforce CC&Rs. In this case, the City has no legal standing to enforce the CC&Rs. The CC&Rs do not name the City as a party to the agreement, nor does it authorize the City to enforce requirements and restrictions placed upon property owners. Instead, the City exercises its land use controls to govern the development and use of land. Section 2.04 and 5.02 in the CC&Rs specifically outline procedures for resolving view obstruction disputes between property owners. In the event of a dispute between owners, the dispute shall be submitted to an Architectural and Landscape Committee consisting of members elected by the property owners. The Architectural and Landscape Committee would render a binding decision on the dispute. Property owners in dispute with the proposed improvements must resolve their dispute via the procedures established in the CC&Rs. The City cannot legally enforce these particular CC&Rs. Additionally, the CC&Rs expressly recognize the potential for future improvements on individual lots and the potential for these improvements to obstruct existing views in the neighborhood. The CC&Rs state `That the line of sight from Lots in the Project at the time such Lots were originally offered for sale to the public by Declarant may be subject to subsequent obstruction as a result of future construction or plantings by Declarant or other Owners. " 7. Design Review Committee (Report): Mr. Alamat's letter states that staff there are numerous incorrect facts stated in the Design Review Reports. Mr. Alamat's states that staff failed to reference view loss as a major/minor concern. Staff Analysis: The proposed project complies with all the requirements of the Low (L) Residential District. The table below shows the lot coverage, setback and height of the project site compared to the requirements described in table 17.36.010-1 in the Development Code. Low (L) Residential District Requirement Project Lot Coverage (maximum) 40% 34% Height (maximum) 35 feet 30 feet Setbacks (minimum) Front 37 feet 53 feet Rear 20 feet 41 feet West East 10 feet 10 feet 5 feet j 6.8 feet The project also complies with the provisions of the Hillside Design Standard and Guidelines, which seeks to facilitate appropriate development of hillside areas. The project site is an upslope lot with an elevation change from approximately 1365 feet (above sea level; ASL) at the rear/north property line to approximately 1330 feet (ASL) at the front/south property line, approximately 35 feet change from the north to the south property lines. Due to the change in grade, staff required the house to be terraced to follow the natural contours of the project site. The house has split finished pads and grade separations to permit the structure to "step up" with the natural slope. Design elements such as front -facing roof gables were not permitted at the front of the residence to ensure that the roof would be oriented in the Page 182 same direction as the natural slope. The Hillside Design Standard and Guidelines section does not contain a specific requirement for either lot coverage or setback requirements. Therefore, the project is subject to and meets the lot coverage and setback requirements of the Low (L) Residential District. The design of the proposed home met all of these standards and guidelines as its visual massing is reduced and the floor plan of the house is terraced as intended by the Hillside Design Standard and Guidelines. 8. Design Review Committee (Findings): The letter notes that the Design Review Committee's findings were not satisfied for this Project and he provides the following re -phrased statements from the Development Code: a. "The design and layout of the proposed development doesn't comply with applicable elements of the City's General Plan." b. "The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of neighboring, existing, or future developments. The views and enjoyment of the neighboring dwellings will be affected." c. "The architectural design of the proposed development is incompatible with the character of the surrounding neighborhood and will not maintain the harmonious, orderly and attractive development contemplated by this Section and General Plan of the City. The proposed project does not protect or maintain the already established residential neighborhood." d. "The design of the proposed development will not provide a desirable environment for its occupant and the visiting public as well as its neighbors." Staff Analysis: Per Section 17.20.040. C. of the Development Code, the "Design Review Committee will consider design elements, such as, but not limited to, compatibility of the project to surrounding properties, relationship of the design and layout of the project to the site, architectural design, and use of materials, grading, landscaping, screening and buffering techniques of adjacent properties, signs, and open space. This committee will determine if the project adequately meets city design guidelines and standards, and will transmit an appropriate recommendation to the Planning Commission. The recommendation of the design review committee will be based on the project conforming to the following criteria: a. The design and layout of the proposed development is consistent with the applicable elements of the city's general plan, design guidelines of the appropriate district, and any adopted architectural criteria for specialized area, such as designated historic districts, theme areas, specific plans, community plans, boulevards, or planned developments. Finding_: The General Plan land use designation and Zoning Map designation forthe project site is Low Residential and Low (L) Residential District, respectively. The proposed project is consistent with the goals of the Low Residential land use designation. The proposed single-family dwelling residence complies with the Development Code such as setbacks, lot coverage, and architecture. It also complies with the standards/guidelines that apply to hillside development as specified in Hillside Design Standards and Guidelines of the Development Code b. The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of neighboring, existing, or future developments and will not create traffic orpedestrian hazards. Finding: The proposed single-family residence is of similar scale and size to that of the houses in the Page 183 surrounding neighborhood and complies with the Hillside Design Standards and Guidelines of the Development Code. Construction of the proposed residence will comply with all related California Building Code standards to reduce impacts. c. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly, and attractive development contemplated by this section and the City's General Plan. Finding. The architecture is compatible with the eclectic architectural themes of the existing houses throughout the Red Hill neighborhood. The contemporary architecture minimizes the building's massing, scale, and height thereby allowing it to conform with the Hillside Design Standards and Guidelines of the Development Code. This will minimize any impacts to views as seen from adjacent properties. d. The design of the proposed development would provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. Finding. The architecture was selected by the applicant's clients. Its contemporary architecture reflects one of the currently popular design aesthetics and incorporates high quality and aesthetically pleasing materials. C. Consistency with General Goals and Policies: The project is consistent with the Goals and Policies of the General Plan. The proposed home was subject to the same development procedures as other recently proposed homes along Camino Predera. Staff reviewed the project as proposed by the applicant and provided multiple rounds of feedback prior to deeming them complete. Staff required the applicant to modify the plans to conform to the requirements in the Development Code and the Hillside Design Standards and Guidelines. After the project was deemed complete, the applicant held a Neighborhood Meeting (May 22, 2018), and submitted the project to Design and Technical Review Committees (June 19, 2018) and to the Planning Commission (October 10, 2018) for review. The process for the proposed project is consistent with the intent of General Plan Goal LU -1 and LU -2, and General Plan Policies LU -1.1 and LU -2.4. The intent of these goals and policies is to provide a pathway for reviewing new development. The review process ensures that new developments do not diminish the quality of life in existing neighborhood, while encouraging development of residential lots that maximize efficient use of land where infrastructure is provided. The development procedure for the project incorporated multiple rounds of both internal and public review. The result of the process is an architecturally high-quality residential development, on existing vacant land serviced by existing infrastructure. The General Plan's Goal LU -8 and Policies LU -8.1 through LU -8.10 contain hillside development guidelines and are relevant to this project. The intent of these Goals and Policies is to protect visually attractive hillsides through the regulation of new developments. The Goals and Policies establish that development should be sensitive to the natural form of the hillside. Development should limit the extent of onsite grading and provide for innovative design and arrangement of building site to retain significant habitat and features. Building designs, such as massing, height and architecture, should be designed in a way to blend into the surrounding hillside conditions. The Policies recognize that the Development Code and Hillside Ordinance contain a comprehensive set of hillside development regulations. These regulations provide specific requirements that projects must adhere to and facilitate these goals and policies. As discussed in Section A — General above, the project's design conforms to the Development Code and the Hillside Design Standards and Guidelines, the latter of which is established through the Hillside Ordinance. The house's height is limited to 30 feet and Page 184 terraced to follow the natural topography in the neighborhood. The home's mass conforms to the natural slope, reducing in height as the grade decreases from north to south and east to west. The home has a flat roof and a subterranean garage. Both features reduce the mass and scale of the building. These design features were intended to minimize the overbuilding of hillside lots or crowding and to preserve the natural features of the land, as intended by the Goals and Policies of the General Plan. The General Plan includes a section dedicated to overall Community Design goals. The Community Design (LU -69 through LU -73) section establish General Design Principles the encourage high quality design of new developments in the City. The Principles encourage innovative design that strive to serve a community's residents. The Principles also encourage high-quality, architectural styles that promote "novel variations" from standardized model buildings. The proposed residence has a contemporary design theme, which includes a variety of secondary materials and finishes. The architectural design of the residence also incorporates variations in the roof height to interrupt the wall plane at the side and rear elevations, creating visual interest. As previously mentioned, the building has a flat roof and a subterranean garage. Both unique design features help minimize view impacts. The overall design of the building is high-quality and visually distinctive from existing homes in the neighborhood. However, the design of the residence is also generally compatible with the surrounding houses in the neighborhood and along Camino Predera because of, in Staff's professional opinion, the lack of a uniform architectural style in the neighborhood. The architecture is consistent with the following four General Design Principles on page LU -69 and -70 of the General Plan: • Innovative design, regardless of its style, is more important to the achievement of "quality" than the use of any predetermined theme. Innovative design promotes the use of novel variations to solve common and unique problems in urban development. (An exception is where both theme and innovation are essential in districts with a strong historical character). • Rancho Cucamonga does not depend on standardized design solutions; "off the shelf" model buildings which may be accepted elsewhere are not necessarily the acceptable measure of quality design in the community. • Architectural styles should complement and augment surrounding development. They should convey a sense of thoughtfulness and not expediency. • Be wary of the same architectural style repeated too often or over too large an area. It can become boring and, as a result, no longer communicate quality. D. Alternative Recommendation: The proposal meets the technical and design standards and guidelines described in the Development Code, and it complies with all objective standards, such as size, height, and setbacks. However, the project's architectural style and aesthetic features and compatibility with the neighborhood is a subjective measure that the City Council must consider as part of the appeal. The City Council may conclude that the proposed single-family residence is not compatible with the other houses along Camino Predera and the Red Hill neighborhood, in general, for the following reasons: a. The contemporary architecture of the house is too unique and different from the architecture of the neighboring houses and houses throughout Red Hill. The area includes Craftsman bungalows constructed in the early 20th century, houses built following World War 2 that follow the Ranch style theme, and recently built houses with Spanish/Tuscan inspired themes; b. The floor area of the project is too large at 6,849 square feet overall relative to the floor area of the house at 8054 Camino Predera (5,369 square feet) and the average floor area (4,241 square feet) of all the houses along Camino Predera that have been built since 2003; c. The proposed house has three stories, as seen from the street, while the other houses are either one- story or two-story structures; Page 185 d. The garage of the proposed house is large enough for 3 cars when the Development Code only requires a 2 -car garage and many of the other houses in Red Hill have 2 -car garages. If the City Council concludes that the project is not compatible, then the City Council may want to require the applicant to work with Staff on revising the proposal to achieve greater compatibility. The house could be subject to another review by the Design Review and Planning Commission for their recommendation. E. Environmental Assessment: The Planning Department staff has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies as a Class 3 exemption under State CEQA Guidelines Section 15303 — New Construction or Conversion of Small Structures. Section 15303 allows for the construction of a single-family residence in a residential zone. The proposed project is a single-family residence on a single lot within the Low (L) Residential District. The residence meets all applicable development standards and zoning regulations of the Development Code. Therefore, staff finds that there is no substantial evidence that the project will have a significant effect on the environment. F. Correspondence: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660 -foot radius of the project site. Staff received a letter from Rakan and Maria Alamat on October 31, 2018. The letter is attached for review and consideration by the City Council. FISCAL IMPACT: The project proponent will be responsible for paying one-time impact fees. These fees are intended to address the increased demand for City services due to the proposed project. The types of services that these impact fees would support include library services, transportation, infrastructure, animal services, police, parks, and community and recreation services. The proposed development will increase the value of the project site and the parcels will be assessed an annual property tax. A percentage of this annual tax is shared with the City. COUNCIL GOAL(S) ADDRESSED: The project does not address any specific City Council goals. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660 -foot radius of the project site. Staff received a letter from Rakan and Maria Alamat on October 31, 2018. The letter is attached (second letter in Attachment 8) for review and consideration by the City Council. ATTACHMENTS: Description Attachment 1 - Planning Commission Staff Report dated October 10, 2018 Attachment 2 - Planning Commission Resolution No. 18-69 for Hillside Design Review DRC2016-00672 Attachment 3 - Design Review Committee dated June 19, 2018 Attachment 4 - Planning Commission Adopted Minutes dated October 10, 2018 Attachment 5 - Planning Commission Full (Transcribed) Minutes dated October 10, 2018 Attachment 6 -Appeal Letter dated October 18, 2018 Page 186 Attachment 7 - Correspondence in Opposition to the Project from Residents Attachment 8 - Correspondence in Opposition to the Project from Rakan and Maria Alamat dated October 3 and October 31, 2018 Attachment 9 - Elevations and Sections Attachment 10 - Covenants, Conditions, and Restrictions (CC&Rs) Page 187 CM Attachment 1 STAFF REPORT DATE: October 10, 2018 TO: Chairman and Members of the Planning Commission FROM: Candyce Burnett, City Pianne INITIATED BY: Dat Tran, Assistant Planner SUBJECT: HILLSIDE DESIGN REVIEW DRC2016-00672 -- ANDRESEN ARCHITECTURE — A request for site plan and architectural review of a proposed 6,175 square foot residential home and 674 square fool detached accessory dwelling unit on a vacant site totaling 12,044 square feet, located in the Low (L) Residential District in the Hillside Overlay District on the north side of Camino Predera; APN; 0207-641-12_ This item is exempt from the requireme-its of the California Environmental Quality Act (CEQA) and the City's CEQA guidelines under CEQA Section 15303 — New Construction or Conversion of Small Structures. RECOMMENDATION: l,C Staff recommends the Planning Commission take the following action: �. Cl Approve Hillside Design Review DRC2016-00672 through adoption of the attached Resolution of Approval with Conditions. SITE DESCRIPTION: The project site is a 12,044 square foot vacant parcel located on the north side of Camino Predera about 500 feet southeast of the intersection of Camino Predera and Red Hill Country Club Drive in the Low (L) Residential District, Hillside Overlay District. The property is approximately 82-92 feet in width and 138-139 feet in depth_ The lot slopes upward from the street and has an elevation of approximately 1,332 feet at the south property line and an elevation of approximately 1,364 feet at the north property line. This results in a grade change of 32 feet from the north to the south property line. Street improvements such as a sidewalk, curb, and gutter are present along Camino Predera, but street trees and parkway landscaping need to be installed. The existing Land Use, General Plan and Zoning Designations for the project site and the surrounding properties are as follows: E4—Pg1 Page 188 Land Use General Plan Zoning Site j Vacant Low Residential Low L Residential District North Single -Family Residence Low Residential Low L Residential District South Vacant j Low Residential Low L Residential District West _ Single -Family Residence Low Residential (L) Residential District East _ Single -Family Residence I Low Residential _Low I Low (L Residential District I E4—Pg1 Page 188 1;IDi' HDR DRC20 16-09672 — ANDRESEwN ARCHiTE=C T UR October 10, 2018 Page 2 ANALYSIS: 0) A. General: The applicant, on behalf of his client, proposes to construct a 6,175 square foot, three-story, single -family residence on the project site. The project complies with all the requirements of the Low (L) Residential District. The maximum lot coverage permitted is 40 percent. The proposed lot coverage is approximately 34 percent. The required and proposed (in parenthesis) setbacks are as follows: front and rear. 37 (53) feet and 20 (41) feet, respectively; interior sides: 5 (6.83) and 10 (10) feet, All setbacks are measured to the wall face of the house_ The proposed residence has eaves that project V-6° into both side setback areas and a chimney that extends 2 feet into the west side setback area. Per the Development Code, eaves may project into required yards a maximum distance of 3 feet, pfovided such appendages are supported only at, or behind, the building setback line. Chimneys may project into required yards a maximum distance of 2 feet, provided such features shall be at least 3 feet from a property line. The chimney is set back 8 feet from the property line. The overall height of the house is 30 feet which matches the maximum height permitted within the Hillside Overlay District (the height limit in the Low (L) Residential District is 35 feet). The proposed residence consists of three levels. The first level is 1,231 square feet and consists of a partially subterranean 3 -car garage and various storage closets. Single-family residential units are only required to have a 2 -car garage. The project, therefore, has an adequate number of parking spaces. The ground floor is 3,055 square feet and consists of first floor living space, a rear yard covered patio and a covered main entry. The upper floor is 1,889 square feet and consists of the remaining living spaces and includes two covered decks at the front of the residence, The size of the residence is generally consistent with the , newer homes located along Camino Predera. The homes on the north side of Camino 0 Predera, constructed prior to 2000, average approximately 2,400 square feet In size. Since 2000, the houses that were constructed on Camino Predera are larger, ranging in sizes between 3,628 square feet to 4,896 square feet. The overall size of the proposed residence is larger than previously approved houses. However, because the garage is located underground, the floor area of the residence that is above ground is 4,944 square feet. The proposed residence has a contemporary design theme, which includes a flat roof, smooth stucco finish, metal railings with glass panels, and copper roofing. The proposed residence also incorporates stone veneer, decorative wood trims and fascia, and decorative garage doors. The architectural design of the residence incorporates variations in the roof height to interrupt the wall plane at the side and rear elevations. The building mass is visually reduced though multiple wall plane changes and the incorporation of exterior decks and patio areas along the front and rear elevations. The residence will be painted earth tone colors in compliance with Section 17.122.020.0.2. The design of the residence is compatible with the surrounding houses in the neighborhood and along Camino Predera which consist of a variety of architectural styles. The project also includes an accessory dwelling unit (ADU) al the rear of the lot. It has a floor area of 674 square feet. Per Development Code Section 17.42.040-1, solid roof structures located within the rear yard are permitted to be up to 5 feet from the side and rear property lines. The ADU is setback 5 feet from the rear property line, and 18 and 20 feet from the east and west property fines, respectively. The structure also has eaves extending V-6" along the side, but these eaves do not extend into the side setback. The overall height } of the ADU is 15 feel and is below the maximum height of 16 feet permitted for solid roof structures in the rear yard, E4—Pg2 Page 189 :di, i?RC20 i 6-00t'72 — ANDRE ECJ F',ZCr IITEC YIJRc October 10, 2018 Page 3 Hillside Design Requirements and Code Compliance: The project complies with the intent of the Hillside Overlay District. which seeks to facilitate appropriate development of hillside areas. The project site is an upslope lot with an elevation change of approximately 32 feet from the north to south property line. Due to the change in grade, Staff required the house to be terraced to follow the natural contours of the project site. The house has split finished pads and grade separations to permit the structure to "step up" with the natural slope. This also results in, for example, the roof line at the front of the house to be at a lower level than the roof line at the rear. Design elements such as front -facing roof gables were not permitted at the front of the residence to ensure that the roof would be oriented in the same direction as the natural slope. The maximum height of the house is 15 feet at setbacks and 30 feel overall as measured from finished grade. Hillside Design Section 17.122.020.D.1.0 requires that houses in the Hillside Overlay District be designed to fit within a 30 foot high building envelope. The partially subterranean garage allows the overall height of the house to be significantly reduced when compared to the alternative of an above -ground structure. The current grade of the site is higher than the proposed grade and finished floor level of the proposed garage. Without the garage, the height of the house would be measured from the current grade and would extend 30 feet upward. The partially subterranean design of the garage requires adjacent grade to be lowered. This, in turn, causes the 30 feel maximum height measurement to be taken from the lowered grade as opposed to current grade. Because the new grade levels are lower than the current grade levels by roughly 10 feet, the height of the house above current grade levels is thereby reduced by the equivalent amount. General On-site Improvements: The front yard consists of roughly 48% of hardscape area, which includes a winding driveway up to the garage. The driveway consists of grades up to a 6 percent slope. The driveway largely follows the contours of the land as the grade ascends and minimizes cut -and -fill. The wall is flanked by a series of retaining walls generally between 3-4 feet. Per Hillside Development Standard 17.122.020.C.1.d, driveways with grades up to 20 percent are permitted when they are aligned with the natural contours of the lot and are necessary to achieve site design goals. The contour design of the driveway allows for the slope level to remain beneath the maximum permitted and to maintain minimal wall heights at the front of the residence. The applicant is also proposing retaining walls in the side and rear yard of the property. The proposed walls are between 3-4 feet in height. The walls are 3 feet apart and meet the minimum separation requirement per Development Code Section 17.48.030. In addition to the rear and side retaining wall, the applicant is proposing a new wrought iron fence along the rear property line. The wrought iron fence will replace an existing chain-link fence and improve the visual quality of the site. Furthermore, the wrought iron fencing is in keeping with Hillside Design Guideline Sections 17.122.020.E, which encourages the use of open - view fencing to reduce view obstruction. Gradino: The proposed grading plan indicates there will be 2,400 cubic yards of export (removal) from the project site. Most of the export is necessary to allow the construction of the underground the garage and to provide for a flat, usable rear yard between the house and the ADU. The proposed grading work around the perimeter of the site is less intensive and will involve minimal export of soil. The result is a higher finished grade around the perimeter of the project site that requires retaining walls in the vicinity of the usable areas of the rear yard. E4—Pq3 Page 190 ? DR02016-00672 — ANDRESEN ARCHITECTURE October 10, 2018 Page 4 The foundation of the residence consists of an upper finished pad with an elevation of 1.352 feet and a lower finished pad for the garage at 1,341 feet. The split pad is in conformance with Hillside Design Section 17,122.020.D.1.a, which requires terracing of the house's pad to follow the slope. Partially undergrounding the garage necessitated a retaining wall of up to 6 feet in height to retain dirt for the driveway. The height of the wall is in conformance with Hillside Design Section 17.122.020.1G-',1.j.iv, yrhich permits retaining walls over 8 feet that are an integral part of the structure. The proposed grading includes up to 18 feet of cut and 7 feet of fill. Projects in the Hillside Overlay District requiring 5 feet of cut or fill are required to be reviewed by the Planning Commission by Development Code Section 17122.020-B- The additiona". cut/fill is necessary due to the topography of the project site. Landscape: The proposed landscaping is designed to comply with Hillside Development Section 17.122.020.F. and will include the use of drought tolerant landscaping to protect slopes from erosion and planting shrubs to soften the views of the upslope elevations. The project site is not within the High Fire Hazard Zone or within a wildland-urban interrace area. The proposed landscaping also complies with the front yard landscape requirements, including reducing hardscape to less than 50 percent of the front yard area. The total amount of hardscaping in the front yard is 48 percent. Landscaping the rear half of the lot is designed to minimize grading and includes the planting of various plants and a decorative fountain. B Neighborhood Meeting and Residents' Comments: The applicant held a Neighborhood Meeting at Valley Vista Elementary on May 22, 2018. Approximately 16 people were in attendance, not including the applicant and owner. The applicant provided an overview of the project and fielded questions. The questions were primarily directed towards the technical details of the project including the height of the structure, the size of the residence, the setbacks of the residence, and the earthwork quantities involved. Residents also had questions regarding the City's policies and standards regarding the construction of new homes in the neighborhood. The fo;lowing are the issues raised by the residents during this meeting, in correspondence to the City, and at the Design Review Committee meeting. Staff's responses to those concerns are in italics: Loss of View: The residents were concerned that the size and scale of the proposed house and ADU would be larger than the existing homes in the neighborhood and would block the neighbors' view overlooking the hillside. The residents stated that their concerns were driven by the newer houses along Camino Predera that were approved over the last 20 years. They felt these houses were not consistent with the intent of the Hillside Overlay District and compatible with the older houses in the area. The residents requested the applicant reduce the scale of the proposed house to be more in character with the other houses in the neighborhood. The residents also requested the ADU at the rear of the lot be removed. As previously discussed in the Hillside Design and Code Compliance section above, the project was designed to comply with the maximum building height allowed in the Hillside Overlay District- The height limit in the Hillside Overlay District is stricter than the height limit that applies to single-family residential development outside of the Overlay (30 feet vs. 35 feet maximum). The height limit and design features of the project, such as the partially subterranean garage, reduce any potential visual impact to surrounding properties. P4—Pg4 Page 191 L .',. i;ti;';_ CC'.=i.:I55'-X,. STAFF RE;'O=;T HDr; -1 f :-Z l7nt,2J i 6 ;%JD — AND l=�i t ! ARCH! T EC T UDE October 10, 201E Page 6 established restrictions for development of the tract, which includes a provision 0". prohibiting the owners of a property within the tract from constructing any improvements that would unreasonably obstruct the view from any other lot in the project (Exhibit J). The City Attorney reviewed the subject CC&Rs and determined the City has no obligation to enforce them. The City is not a property owner or a beneficiary in the agreement and, therefore, the City has no standing to enforce the CC&Rs. Property owners in dispute with the proposed improvements must resolve their dispute via the procedures established in the CC&Rs. Neighborhood Meeting Notification: The residents staled during the Neighborhood Meeting that the public noticing was not done correctly. They raised issues with the notification radius (distance) within which properly owners received the mailed notices, and the content of the public notice itself. Applicants are required to conduct neighborhood meetings for certain projects. The City's policy is the notifications for these meetings be mailed to all owners of property within 660 feet of the project site. The applicant mailed out the notifications on May 4, 2018 (18 days before the date of the neighborhood meeting). However, the letters were sent to only those within 300 feet of the project site. Staff became aware of this error on May 10, 2018 and directed the applicant to notify the property owners who were not included in the original notification. Additional letters were mailed on May 11, 2018 (12 calendar days before the neighborhood meeting date). } 2. In the neighborhood meeting notification, the proposed floor areas of the proposed house and ADU were stated as 3,496 and 496 square feet, respectively. Plans for the house and the ADU were reviewed by the residents at the City on May 14, 2018 and at the neighborhood meeting held on May 22, 2018. The plans indicated a different floor area for the house and the ADU. Staff determined that the applicant calculated the floor area based on the livable square footage of the home and not the total square footage, which includes non -livable areas such as the subterranean garage and outdoor patio areas. The floor area of the home and ADU are 6,175 square feet and 674 square feet, respectively, C. Design _Committee Review; The project was presented to the Design Review Committee (Wimberly, Macias, and Granger) on June 19, 2018. Residents from the community attended the meeting and reiterated their concerns with the project during the Public Communications period (discussed above). In response to the residents' comments, the Design Review Committee requested that the applicant provide additional sections and elevations showing adjacent lot conditions. The intent of the section was to further show the scale and massing of the residence compared to existing residences in the neighborhood. The Design Review Committee also required the applicant to place story poles on-site to better show the height of the home at buildout. The applicant agreed to both conditions. The Design Review Committee accepted the design of the project as proposed without revisions and recommended that the project be move forward to the Planning Commission for review (Exhibit M). l:4—Pg6 Q� Page 193 ORT l iD,--D17'NL.206-003 2' .ArP' C.HI f CC T URE October 10, 2018 Page 7 The applicant provided enhanced sections of the residence to Staff as requested by the Committee. The new sections show the measured heights of the residence as well as the measured heights of adjacent residential homes for comparison. The new sections show that the proposed home is compatible in height with the existing homes in the neighborhood. Staff has included these sections for review by the Planning Commission (Exhibit F). D. Technical Review Committee: The project was presented to the Technical Review Committee on Mune 19, 2018. The Technical Review Committee accepted the design of the project as proposed without revisions and recommended that the project be forwarded to the Planning Commission for review and approval. E. Environmental Assessment: The Planning Department staff has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies as a Class 3 exemption under Stale CEQA Guidelines Section 15303 — New Construction or Conversion of Small Structures. Section 15303 allows for the construction of a single-family residence in a residential zone. The proposed project is a single-family residence on a single lot within the Low (L) Residential District. The residence meets all applicable development standards and zoning regulations of the Development Code. Therefore, staff finds that there is no substantial evidence that the project will have a significant effect on the environment. F. Public Art: This project is exempt from providing public art as outlined in Chapter 17.124 of the Development Code. The proposed project is a single-family residence. Residential projects with a density equal to or less than four dwelling units per acre are exempt from the public art requirement. FISCAL IMPACT: The project proponent will be responsible for paying one-time impact fees. These fees are intended to address the increased demand for City services due to the proposed project. The types of services that these impact fees would support include library services, transportation, infrastructure, animal services, police, parks, and community and recreation services. The proposed development will increase the value of the project site and the parcels will be assessed an annual property tax. A percentage of this annual tax is shared with the City. COUNCIL GOAL(S) ADDRESSED: Although a specific current City Council goal does not apply to the project, the project is consistent with the goals and policies of the General Plan and the objectives of the Development Code. The Land Use element within the General Plan (Chapter 2) encourages infill development that facilitates sustainable and attractive development that complements the surrounding neighborhood. The proposed single-family residence is of similar scale and size to that of the surrounding neighborhood, and the land use and lot dimensions are in compliance with the Development Code. The contemporary design of the residence complements eclectic architectural styles in the neighborhood. CORRESPONDENCE: As discussed in Section 13 – Neighborhood Meeting and Residents' Comments above, public notices were mailed out for the neighborhood meeting. Following the determination to forward the (� project to the Planning Commission, another set of notifications were mailed by the City on �J September 24, 2018 to notify the same list of property owners of the public hearing- In addition to F4—Pg7 Page 194 -F- I l -0;30-i7'D.DN E S E N RCH. i i EC;TURF October 10, 2018 Page 8 the mailers, the item was advertised as a public hearing with a regular page legal advertisement in the Inland Valley Dai;y Bulletin newspaper, and the property was posted. 0, Throughout the public notification process, staff received written correspondence from three residents in the Camino Predera neighborhood and a phone call from a fourth resident. The residents provided correspondence in opposition to the protect (Exhibit L). All four residents previously attended the neighborhood meeting and the Design Review Committee. They stated their concerns regarding the project during those meetings. Staff met with a number of residents outside the neighborhood meeting and Design Review Committee to discuss their concerns. Residents met with staff at the front planning counter on May 14, 2018, prior to the neighborhood meeting, to review the plans. The residents expressed their opposition to the project during the meeting. The residents suggested that the project's scale be reduced to be more compatible with the existing neighborhood. Staff also conducted two site visits to the subject property per another resident's request. During one visit, the resident permitted staff to enter his home and observe the project site from his backyard. The resident's home is located to the rear of the subject property. The resident expressed opposition to the project and suggested a reduction to the height of the residence to be more compatible with the existing neighborhood, Staff listened to the resident's concerns, took photographs and made notes of the visit. Staff relayed all residents' stated opposition and suggestions to the applicant to consider. EXHIBITS: Exhibit A - Vicinity Map Exhibit B - Site Aerial Exhibit C - Site Plan Exhibit D - Conceptual Grading Plan Exhibit E - Floor & Roof Pians Exhibit F - Wall & Fence Plan Exhibit G - Building Sections Exhibit H - Building Elevations Exhibit I - Landscape Plan Exhibit J - Story Poles Exhibit K - Covenants, Conditions & Restrictions (CC&Rs) Exhibit L - Design Review (DR00-47) City Council Staff Report & Resolution (March 7, 2001) Exhibit M - Correspondence in Opposition of Project from Residents Exhibit N - Design Review Committee Action Comments (June 19, 2018) Draft Resolution of Approval for Design Review DRC2016-00672 t=4—Pg8 Page 195 Attachment 2 S4 �1611If.id71,I61L•Qi1.1-'7 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING HILLSIDE DESIGN REVIEW DRC2016-00672, A REQUEST FOR SITE PLAN AND ARCHITECTURAL_ REVIEW OF A PROPOSED 6,175 SQUARE FOOT SINGLE FAMILY DWELLING UNIT AND A 674 SQUARE FOOT DETACHED ACCESSORY DWELLING UNIT ON A VACANT SITE TOTALING 12,044 SQUARE FEET, LOCATED IN THE LOW (L) RESIDENTIAL DISTRICT IN THE HILLSIDE OVERLAY DISTRICT ON THE NORTH SIDE OF CAMINO PREDERA, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0207-641-12. A. Recitals. 1. Andresen Architecture filed an application for the approval of Hillside Design Review DRC2016-00672 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Hillside Design Review is referred to as "the application." 2. On the 10th day of October 2018, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above - referenced public hearing on October 10, 2018 including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a project site located on the north side of Camino Predera, about 500 feet southeast of the intersection of Camino Predera and Red Hill Country Club Drive in the Low (L) Residential District, Hillside Overlay District; and b. The project site is a vacant, rectangular lot facing Camino Predera. The property ranges from 82 to 92 feet in width and 138 to 139 feet in depth. The lot slopes upward from the street and has an elevation of approximately 1,332 feet at the south property line and an elevation of approximately 1,364 feet at the north property line. This results in a grade change of 32 feet from the north to the south property line; and c. Street improvements such as a sidewalk, curb, and gutter are present along Camino Predera; however, street trees and parkway landscaping improvements have not been installed and will be required to be constructed as a condition of approval; and d. The application is for the site plan and architectural review of a 6,175 square foot, three-story, single -fancily dwelling unit on the project site. The project complies with all the Page 196 PLANNING COMMISSION RESOLUTION NO. 18-69 DESIGN REVIEW DRC2016-00672 — ANDRESEN ARCHITECTURE October 10, 2018 Page 2 requirements of the Low (L) Residential District. The maximum lot coverage permitted is 40 percent. The proposed lot coverage is approximately 34 percent. The required and proposed (in parenthesis) setbacks are as follows: front and rear: 37 (53) feet and 20 (41) feet, respectively; interior sides: 5 (6.83) and 10 (10) feet. All setbacks are measured to the wall face of the house; and e. The proposed residence has eaves that project V-6" into both side setback areas and a chimney that extends 2 feet into the west side setback area. Per the Development Code, eaves may project into required yards a maximum distance of 3 feet, provided such appendages are supported only at, or behind, the building setback line. Chimneys may project into required yards a maximum distance of 2 feet, provided such features shall be at least 3 feet from a property line. The chimney is set back 8 feet from the property line. f. The overall building height is 30 feet, which is the maximum permitted within the Hillside Overlay District; and g. The proposed residence has a contemporary design theme, which includes a flat roof, smooth stucco finish, metal railings with glass panels, and copper roofing. The proposed residence also incorporates stone veneer, decorative wood trims and fascia, and decorative garage doors. The architectural design of the residence incorporates variations in the roof height to interrupt the wall plane at the side and rear elevations. The building mass is broken up though multiple wall plane changes and the incorporation of exterior decks and patio areas along the front and rear elevations. The residence will be painted earth tone colors in compliance with Section 17.122.020.D.2. The existing dwelling units along Camino Predera consist of a variety of architectural styles. Through the use of the above -noted design elements, the dwelling unit meets the City's 360 degree architecture requirements, and the design of the residence is compatible with the surrounding houses in the neighborhood; and h. The project also includes an accessory dwelling unit (ADU) at the rear of the lot. The ADU has a floor area of 674 square feet. Per Development Code Section 17.42.040-1, solid roof structures located within the rear yard are permitted to be up to 5 feet from the side and rear property lines. The ADU is setback 5 feet from the rear property line, and 18 and 20 feet from the east and west property lines, respectively. The structure also has eaves extending V-6" along the side, but these eaves do not extend into the side setback. The overall height of the ADU is 15 feet and is below the maximum height of 16 feet permitted for solid roof, accessory structures in the rear yard; and i. The project complies with the intent of the Hillside Overlay District, which seeks to facilitate appropriate development of hillside areas. The project site is an upslope lot with an elevation decline of approximately 32 feet from the north to south property line. Due to the change in grade, the dwelling unit incorporates a flat -roofed, terraced design concept that follows the natural contours of the project site. Roof levels at the front of the residence are located at a lower level than roof levels at the rear of the residence. Additionally, the dwelling unit features split pads and grade separations to permit the structure to follow the natural slope. Design elements such as front -facing roof gables were not utilized at the front of the residence, so that the roof would be oriented in the same direction as the natural slope. The maximum height of the house is 15 feet at setbacks and 30 feet overall as measured from finished grade, thereby complying with the building envelope requirements. 3. Based upon the substantial evidence presented to this Commission during the above - referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hcreby finds and concludes as follows: Page 197 PLANNING COMMISSION RESOLUTION NO. 18-69 DESIGN REVIEW DRC2016-00672 — ANDRESEN ARCHITECTURE October 10, 2018 Page 3 a. The General Plan designation for the project site is Low Residential. The project proposes a 6,175 square foot single-family dwelling unit with a 674 square foot, detached accessory dwelling unit on a 12,044 square foot lot. The size and design of the residence is consistent with the goals of the Low Residential Land Use Designation to provide a single-family dwelling unit within the allowable density range of up to 4 dwelling units per acre. The proposed single-family dwelling unit is of similar scale and size to that of the surrounding neighborhood. b. The proposed project is in accordance with the objectives of the Development Code and the purpose in which the site is located. The project site is located in the Low Residential (L) District, which encourages the development of low-density, single-family dwelling units on individual lots. In order to achieve the intended neighborhood density, the Development Code specifies a maximum limit of 4 dwelling units per acre (0,25 acres per lot). The proposed project is a single-family residence with an accessory dwelling unit on a 12,044 square foot (0.27 acres) lot. Therefore, the proposed project is consistent with the Low Residential (L) District designation. The project also complies with the intent of the Hillside Overlay District, which seeks to facilitate appropriate development of hillside areas. The project site is an upslope lot with an elevation decline of approximately 32 feet from the north to south property line. Due to the change in grade, the single-family dwelling unit incorporates a terraced design concept which permits the residence to follow the natural contours of the project site. Roof levels at the front of the dwelling unit are located at a lower level than roof levels at the rear of the residence. The dwelling unit incorporates the use of split pads and grade separations to permit the structure to step up with the natural slope. Design elements such as front -facing roof gables were not permitted at the front of the dwelling unit so that the roof would be oriented in the same direction as the natural slope. The maximum height of the dwelling unit is 15 feet at setbacks and 30 feet overall as measured from finished grade. Hillside Design Section 17.122.020.D.1.0 requires that dwelling units in the Hillside Overlay District be designed to fit within a 30 foot high building envelope, which the dwelling unit is in compliance with. C, The proposed use is in compliance with each of the applicable provisions of the Development Code. The project complies with all the requirements of the Low (L) Residential District. The maximum lot coverage permitted is 40 percent. The proposed lot coverage is approximately 34 percent. The required and proposed (in parenthesis) setbacks are as follows: front and rear: 37 (53) feet and 20 (41) feet, respectively; interior sides: 5 (6.83) and 10 (10) feet. All setbacks are measured to the wall face of the house. The proposed dwelling unit has eaves that project 1'-6" into both side setback areas, and a chimney that extends 2 feet into the west side setback area. Per the Development Code, eaves may project into required yards a maximum distance of 3 feet, provided such appendages are supported only at, or behind, the building setback line, Chimneys may project into required yards a maximum distance of 2 feet, provided such features shall be at least 3 feet from a property line. The chimney is set back 8 feet from the property line. The overall height of the dwelling unit is 30 feet which is the maximum permitted height in the Hillside Overlay District. d. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. The proposed single-family dwelling unit is of similar scale and size to that of the surrounding neighborhood and complies with the Development Code. Construction of the proposed residence will comply with all related California Building Code standards to reduce impacts. 4. The project is exempf ;rom the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies as a Class 3 exemption under State CEQA Guidelines Section 15;,03 - NleA, Construction or Conversion of Small Structures, which Page 198 PLANNING COMMISSION RESOLUTION NO. 18-69 DESIGN REVIEW DRC2016-00672 —ANDRESEN ARCHITECTURE October 10, 2018 Page 4 permits the construction of a single-family residence in a residential zone. The proposed Hillside Design Review is for a 6,175 square foot residential home and 674 square foot accessory dwelling unit on a 12,044 square foot lot, located in the Low (L) Residential District. According to Figure RC -4 in the General Plan, the project site is not located within a known, sensitive biological habitat area, and there is no substantial evidence that the project may have a significant effect on the environment. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition in the attached Standard Conditions incorporated herein by this reference. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 10TH DAY OF OCTOBER 2018. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA 12., . ' Z' L �' � BY: Rich Macias, Chairman ATTEST: CandycediAmett, Secretary I, Candyce Burnett, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 10th day of October 2018, by the following vote -to -wit: AYES: COMMISSIONERS: GUGLIELMO, MACIAS, MUNOZ, WIMBERLY NOES: COMMISSIONERS:OAXACA ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Page 199 Conditions of Approval 3 RANCHO G'UCAhIONGA Community Development Department Project #: DRC2016-00672 Project Name: 6,175 square foot custom home on north side of Camino Predera Location: -- - 020764112-0000 Project Type: Hillside Development Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 1. The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. Copies of the signed Planning Commission Resolution of Approval or Approval Letter, Conditions of Approval, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 3. The applicant shall be required to pay California Department of Fish and Wildlife Notice of Exemption fee in the amount of $50.00. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to public hearing or within 5 days of the date of project approval. 4. Any approval shall expire if Building Permits are not issued or approved use has not commenced within 5 years from the date of approval or a time extension has been granted. 5. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community, Specific Plans and/or Master Plans in effect at the time of Building Permit issuance. 6. All parkways, open areas, and landscaping shall be permanently maintained by the property owner, homeowners' association, or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for Planning Director and Engineering Services Department review and approved prior to the issuance of Building Permits, 7. The site shall be developed and maintained in accordance with the approved plans which include Site Plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Department, the conditions contained herein, and the Development Code regulations. Future improvements including new construction and/or other modifications/intensification beyond what is specifically approved by this Hillside Design Review shall require the review and approval by the Planning Director prior to submittal of documents for plan check. The Planning Director may determine that the modifications require the submittal of an application to modify this Hillside Design Review. Engineering Services Departmcnt Printed: 10/4/2018 www CityofRC w Page 200 Project M DRC2016-00672 Project Name: 6,175 square foot custom home on north side of Camino Predera Location: -- 020764112-0000 Project Type: Hillside Development Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Please be advised of the following Special Conditions 1. Provide drive approach and street trees per City standards on Camino Predera. a. Protect or replace curb and gutter, sidewalk and street light, as required. b. Install street trees per City Standards. 2. Revise existing City Drawing Number 922, to show public improvements which include the drive approach and street trees. The revision must be done by a registered engineer and completed to the satisfaction of the City Engineer. Plan check fees are applicable. 3. Security shall be posted and an agreement executed to the satisfaction of the City Engineer guaranteeing completion of the public improvements, prior to the issuance of a City building permit. 4. The following impact fees shall be paid upon issuance of building permit (fees subject to change annually): a. Transportation Fee b. General City Drainage Fee c. Library Impact Fee d. Animal Center Impact Fee e. Police Impact Fee f. Park In-Lieu/Park Impact Fee g. Park Improvement Impact Fee h. Community and Recreation Center Impact Fee 5. Prior to the issuance of a grading permit, plans processed through Engineering shall be 90% complete. Standard Conditions of Approval 6. Provide separate utility services to each parcel including sanitary sewerage system, water, gas. electric power, telephone, and cable TV (all underground) in accordance with the Utility Standards. Easements shall be provided as required. 7. Water and sewer plans shall be designed and constructed to meet the requirements of the Cucamonga Valley Water District (CVWD), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CVWD is required prior to final map approval or issuance of permits, whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. «v:tiv.Ci1y0fRC.US Printed 5olgI2011S hags 2 of 6 Page 201 Project #: DRC2016-00672 Project Name: 6,175 square foot custom home on north side of Camino Predera Location: -- - 020764112-0000 Project Type: Hillside Development Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval 8. Pursuant to Municipal Code Section 16,37.010, no person shall make connections from a source of energy, fuel or power to any building or structure which is regulated by technical codes and for which a permit is required unless, in addition to any and all other codes, regulations and ordinances, all improvements required by these conditions of development approval have been completed and accepted by the City Council, except: that in developments containing more than one building, structure or unit, the development may have energy connections made in equal proportion to the percentage of completion of all improvements required by these conditions of development approval, as determined by the City Engineer, provided that reasonable, safe and maintainable access to the property exists. In no case shall more than 95 percent of the buildings, structures or units be connected to energy sources prior to completion and acceptance of all improvements required by these conditions of development approval. 9. Install street trees per City street tree design guidelines and standards as follows. The completed legend (box below) and construction notes shall appear on the title page of the street improvement plans. Street improvement plans shall include a line item within the construction legend stating: "Street trees shall be installed per the notes and legend on Sheet _ (typically Sheet 1)." Where public landscape plans are required, tree installation in those areas shall be per the public landscape improvement plans. Street Name Camino Predera Botanical Name Quercus Arrifoia Common Name Coastal Live Oak Spacing 30' O.C. Size 24" Box Construction Notes for Street Trees: 1) All street trees are to be planted in accordance with City standard plans, 2) Prior to the commencement of any planting, an agronomic soils City inspector. Any unusual toxicities or nutrient deficiencies may as determined by the City inspector. 3) All street trees are subject to inspection and acceptance Department. Street trees are to be planted per public improvement plans only. Buildinct and Safety Services, Department Please be advised of the following Special Conditions report shall be furnished to the require backfill soil amendments, by the Engineering Services 1. Special Condition: Foundation elevation (before concrete is poured) and maximum roof height (before approved) elevation surrey are required. The owner must provide the Survey Inspector certifying that the building meets or is below the m<,,ximum permitted inspection is conducted. Printed 9 01412 01 8 eAwf CityofRC us roof sheathing is certificate to the height before the Page 3 of 8 Page 202 Project #: DRC2016-00672 Project Name: 6,175 square foot custom home on north side of Camino Predera Location: -- - 020764112-0000 Project Type: Hillside Development Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Building and Safety Services Department Standard Conditions of Approval 2. The house, garage and any other structures as required must be equipped with automatic fire sprinklers. 3. Provide compliance with the California Building Code (CBC) for property line clearances considering use, area, and fire -resistive requirements. 4. Provide compliance with the California Building Code for required occupancy separations. 5. Roofing material shall be installed per the manufacturer's "high wind" instructions. 6. Construction activity shall occur in accordance with the standards as stated in Chapter 17.66.050 D-4 of the Development Code. 7. Prior to the issuance of Building Permits, the applicant shall pay development fees at the established rate. Such fees may include but are not limited to: Park In-Lieu/Park Impact, Park Improvement Impact, Community and Recreation Center, Library, Police, Animal Center, Drainage, Transportation Development, Permit and Plan Check Fees, Construction and Demolition Diversion Program deposit and fees and School Fees. The applicant shall provide a copy of the school fees receipt to the Building and Safety Services Department prior to permit issuance. 8. The Building and Safety Official shall provide street addresses after tract/parcel map recordation and prior to issuance of Building Permits. 9. Plans shall be submitted for plan check and approved prior to construction. All plans shall be marked with the project file number (i.e., SUBTT, SUBTPM, MDR, CUP, DRC, etc.). The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in effect at the time of permit application. Contact the Building and Safety Services Department for availability of the Code Adoption Ordinance and applicable handouts. 10. Submit two sets of structural calculations, two sets of energy conservation calculations, and a soils report. Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal. vnvvr.Cilyotf2C.us Printed- 101412018 Pape 4 of 8 Page 203 Project #: DRC2016-00672 Project Name: 6,175 square foot custom home on north side of Camino Predera Location: -- - 020764112-0000 Project Type: Hillside Development Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Building and Safety Services Department Standard Conditions of Approval 11. When the Hillside Development Review is approved submit complete construction drawings including structural calculations to Building and Safety for plan review in accordance with the current edition of the CA Building and Fire Codes. The new structure is required to be equipped with automatic fire sprinklers. A soils report is required for new structures. An elevation survey is required to be performed by a third party before roof sheathing inspection, the structure must comply with the approved building envelope height. Submit five complete sets of plans including the following: a. Site/Plot Plan; b. Foundation Plan and reverse foundation plan (when applicable); c. Floor Plan; d. Roof and Floor Framing Plan and reverse Roof and Floor Framing Plan (when applicable); e. Electrical Plans (2 sets, detached) including the size of main switch, number and size of service entrance conductors, panel schedules, and single line diagrams; f. Plumbing and Sewer Plans, including isometrics, underground diagrams, water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning; and g. Planning Department Project Number (i.e., SUBTT, SUBTPM, MDR, CUP, DRC, etc.) clearly identified on the outside of all plans. 12. Contractors must show proof of State and City licenses and Workers' Compensation coverage to the City prior to permit issuance. 13. Separate permits are required for fencing and/or walls. Grading Section Standard Conditions of Approval 1. Grading of the subject property shall be in accordance with current adopted California Building Code and/or the California Residential Code, City Grading Standards, and accepted grading practices. The Grading and Drainage Plan(s) shall be in substantial conformance with the approved conceptual Grading and Drainage Plan. 2. A soils report shall be prepared by a qualified Engineer licensed by the State of California to perform such work. Two copies will be provided at grading and drainage plan submittal for review. Plans shall implement design recommendations per said report. 3. The final Grading and Drainage Plan, appropriate certifications and compaction reports shall be completed, submitted, and approved by the Engineering Department prior to the issuance of building permits. 4. A separate Grading and Drainage Plan check submittal is required for all new construction projects and for existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The Grading and Drainage Plan shall be prepared, stamped, and wet signed by a California licensed Civil Engineer prior to the issuance of a grading or building permit. ��rmv.cilyoiRC us Printed: 101412016 Pace 5 of B Page 204 Project #: Project Name: Location: Project Type: DRC2016-00672 6,175 square foot custom home on north side of Camino Predera -- - 020764112-0000 Hillside Development Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 5. If a Rough Grading and review, the rough grading and Drainage Plan/Permit. Drainage Plan/Permit are submitted to the Engineering Department for pian shall be a separate plan submittal and permit from Precise Grading 6. Prior to the issuance of a grading permit the applicant adjacent property owner(s) to construct wall(s) on property perimeter wall(s) to be constructed offset from the property line. 7. Prior to issuance of a grading permit the grading plan shall be a minimum 2 -foot offset from the public right of way property. All slope offsets shall meet the requirements of Code. shall obtain written permission from the line(s) or provide a detail(s) showing the show that all manufactured slopes shall permitted line, or the adjacent private the current adopted California Building 8. The final grading and drainage plan shall show existing topography a minimum of 100 -feet beyond project boundary. 9. Grading Inspections: a) Prior to the start of grading operations the owner and grading contractor shall request a pre -grading meeting. The meeting shall be attended by the project owner/representative, the grading contractor and the Building Inspector to discuss about grading requirements and preventive measures, etc. If a pre -grading meeting is not held within 24 hours from the start of grading operations, the grading permit may be subject to suspension by the Building Inspector; b) The grading contractor shall call into the City of Rancho Cucamonga Building and Safety Department at least 1 working day in advance to request the following grading inspections prior to continuing grading operations: i) The bottom of the over -excavation; ii) Completion of Rough Grading, prior to issuance of the building permit; iii) At the completion of Rough Grading, the grading contractor or owner shall submit to the Permit Technicians (Building and Safety Front Counter) an original and a copy of the Pad Certifications to be prepared by and properly wet signed and sealed by the Civil Engineer and Soils Engineer of Record; iv) The rough grading certificates and the compaction reports will be reviewed by the Associate Engineer or a designated person and approved prior to the issuance of a building permit. 10. Prior to issuance of a grading or building permit, the permitted grading plan (or architectural site plan) set shall show in each of the typical sections and the plan view show how the separations between the building exterior and exterior ground surface meet the requirements of Sections CBC1804.31CRC R401.3, CBC2304.11.2,21CRC 8317.1(2) and CBC2512.1.21CRC R703.6.2.1 of the current adopted California Building Code/Residential Code. 11. The conceptual grading and drainage plan is showing driveway slopes exceeding 10%. Therefore, prior to issuance of a grading permit, the permitted grading plan set shall show driveway profiles for the driveway from the street curb line to the garage door(s). 12. Flow lines steeper than 6 percent could be erosive. The applicant shall provide hard lined gutters and swales where concentrated flows exceed 3fps, and anywhere that flow lines exceed 10 percent. This shall be ehown on the grading and drainage plan prior to issuance of a grading permit. t.N"v.cityo[Rc.us Primed 1014/2018 Pad ` r Page 205 Project #: DRC2016-00672 Project Name: 6,175 square foot custom home on north side of Camino Predera Location: -- - 020764112-0000 Project Type: Hillside Development Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Gradina Section Standard Conditions of Approval 13. Private sewer, water, and storm drain improvements will be designed per the latest adopted California Plumbing Code. Private storm drain improvements shall be shown on the grading and drainage plan. 14. This application for storm water quality management plan purposes may be considered a non-priority project. Therefore, prior to issuance of any building permit or Engineering Services Department issued right of way permit the land owner with the applicant shall file a Non -Priority Water Quality Management Plan (WQMP) with the Engineering Department. The applicant may contact Matthew Addington, Associate Engineer, at (909) 477-2710, extension 4202. This project is required to prepare a non-priority WQMP project as the following requirement has been met: i) For areas less than 2,000 square feet of impervious area, the development will be considered a non-priority project and a WQMP document is not required, unless the project is for the outdoor storage of hazardous materials or other materials which may require a pre-treatment of the storm water runoff which will require that a non-priority WQMP document is prepared, including but not limited to, vehicle fueling operations; ii) For significant re -development projects proposing impervious areas of 2,000 square feet to 4,999 square feet and new development projects proposing impervious areas of 2,000 square feet to 9,999 square feet the following criteria will require a non-priority WQMP document to be prepared: a. For all new and significant redevelopment projects; b. If the project is part of a common area of development, a non-priority WQMP document shall be prepared; c. If the proposed development is a commercial project the City will determine if activities may impact the water quality, and if impacts are determined to affect the water quality a non-priority WQMP document will be prepared; d. All industrial projects will require a non-priority WQMP document to be prepared. 15. Prior to the start of landscaping operations, the landscape architect and the landscape contractor shall provide a sample of the weed fabric barrier to the Project Planner, City of Rancho Cucamonga Planning Department. The weed barrier shall be permeable. 5,Nw.CilpofRC.us Printed 1014I2018 raaL%rrTe Page 206 Project #: DRC2016-00672 Project Name: 6,175 square foot custom home on north side of Camino Predera Location: — - 020764112-0000 Project Type: Hillside Development Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 16. RESIDENTIAL MANDATORY MEASURES — CALIFORNIA GREEN BUILDING STANDARDS CODE — Prior to the issuance of any building permit the applicant shall comply with Section 4.106.2 (Storm water drainage and retention during construction) of the current adopted California Green Building Standards Code: Projects which disturb less than one (1) acre of soil and are not part of a larger common plan of development which in total disturbs one acre or more, shall manage storm water drainage during construction. In order to manage storm water drainage during construction, one or more of the following measures shall be implemented to prevent flooding of adjacent property, prevent erosion and retain soil runoff on the site. 1. Retention basins of sufficient size shall be utilized to retain storm water on the site. 2. Where storm water is conveyed to a public drainage . system, collection point, gutter or similar disposal method, water shall be filtered by use of a barrier system, wattle or other method approved by the enforcing agency (City of Rancho Cucamonga). 3. Compliance with a lawfully enacted storm water management ordinance. 17. RESIDENTIAL MANDATORY MEASURES — CALIFORNIA GREEN BUILDING STANDARDS CODE — Prior to the issuance of any building permit the applicant shall comply with Section 4.106.3 (Grading and Paving) of the current adopted California Green Building Standards Code: Construction plans shall indicate how the site grading or drainage system will manage all surface water flows to keep water from entering building. Examples of methods to manage surface water include, but are not limited to, the following: 1. Swales. 2, Water collection and disposal systems. 3. French drains. 4. Water retention gardens. 5. Other water measures which keep surface water away from buildings and aid in groundwater recharge. Exception: Additions and alterations not altering the drainage path. 18. Prior to issuance of a grading permit the precise grading and drainage plan shall follow the format provided in the City of Rancho Cucamonga handout "Information for Grading Plans and Permit". 19. A geologic report shall be prepared by a qualified Engineer or Engineering Geologist and submitted at the time of application for Grading and Drainage Plan review. NOTE: This project falls within the Proposed Special Studies zone of the City of Rancho Cucamonga General Plan. Prior to the issuance of a grading permit the applicant shall submit to the City Engineer, or his designee, the required special study relating to the Red Hill Fault: Printed 10/4/2018vAM Ci YORC.us018 Page 8 of 8 Page 207 Attachment 3 DESIGN REVIEW COMMENTS 7:00 p.m. Dat Tran June 19, 2018 HILLSIDE DESIGN REVIEW DRC2016-00672 -- ANDRESEN ARCHITECTURE — A request for site plan and architectural review of a proposed 6,175 square foot residential home and 674 square foot detached second dwelling unit on a vacant site totaling 12,044 square feet, located in the Low (L) Residential District in the Hillside Overlay District on the north side of Camino Predera; APN: 0207-641-12. This item is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA guidelines under CEQA Section 15303 — New Construction or Conversion of Small Structures. Site and Surrounding Land Uses: The 12,044 -square foot vacant project site is located on the north side of Camino Predera and south of Red Hill Country Club Drive, in the Low (L) Residential District and within the Hillside Overlay District. The property dimensions are approximately 82 feet along the north property line, 138 feet along the east property line, 139 feet along the west property line and 92 feet along the south property line. The upward slope lot has an elevation height of approximately 1,332 feet as measured at the curb face along the south property line and an elevation height of approximately 1,364 feet at the north property line, for a total grade change of 32 feet from the north to south property lines. The site shares a common property line with developed, single-family lots to the north, west and east. The lot to the south, on the other side of Camino Predera, is currently vacant. The street improvements have been installed along Camino Predera, except street trees and parkway landscaping. Proiect Overview: The applicant is requesting to construct a 6,175 -square foot, three-story, single-family residence on the project site. The project complies with the requirements of the Low (L) Residential District. The required front yard setback is 37 feet, the required side yard setbacks are 5 and 10 feet and the required rear yard setback is 20 feet. The proposed front yard setback is 53 feet, the side yard setbacks are 5 and 10 feet, and the rear yard setback is 41 feet. Lot coverage is approximately 34 percent, below the maximum permitted lot coverage of 40 percent. The overall building height is 30 feet, which is at the maximum permitted 30 -foot height limit within the Hillside Overlay District. The project also includes a second dwelling unit at the rear of the lot. The second dwelling unit is 674 square feet. Solid roof structures located in the rear yard are allowed to be up to 5 feet from the side and rear property line. The second dwelling unit is setback 5 feet from the rear property line, 18 feet from the east side property line and 20 feet from the west side property line. The overall height of the second dwelling unit is 16 feet and meets the maximum height allowed for solid roof structures in the rear yard. The project also includes front yard and rear yard areas typical on residential lots. The front yard maintains 52% landscaping, exceeding the 50% minimum required per Development Code Section 17.56.070. The proposed 6,175 square foot residence consists of three levels. The first level is 1,231 square feet and consists of a subterranean 3 -car garage and various storage areas. The ground floor is 3,055 square feet and consists of first floor living space, a rear yard covered patio and a covered main entry. The upper floor is 1,889 square feet and consists of the remaining living spaces and includes two covered decks at the front of the residence. The size of the residence is in keeping with homes constructed along Camino Predera. The homes on the north side of Page 208 DRC COMMENTS HILLSIDE DESIGN REVIEW DRC2016-00672 ANDRESEN ARCHITECTURE June 19, 2018 Page 2 Camino Predera constructed prior to the year 2000 average approximately 2,400 square feet in size. Since the year 2000, the houses on Camino Predera have been larger, ranging in sizes between 3,628 square feet to 4,896 square feet. The overall size of the proposed residence is larger than previously approved sizes. However, because the garage is located underground, the size of the residence above ground is 4,944 square feet. Hillside Design & Code Compliance: The project complies with the intent of the Hillside Overlay District, which seeks to facilitate appropriate development of hillside areas. The project site is an upsiope lot with an elevation change of approximately 32 feet from the north to south property lines. Due to the change in grade, staff required the residence to be aligned with the natural contours of the land. The primary residence has been terraced to follow the slope. Roof levels at the front of the residence are located at a lower level than roof levels at the rear of the residence. The building makes use of split pads and grade separations to permit the structure to step up with the natural slope. Design elements such as front -facing roof gables were not allowed at the front of the residence. The maximum height of the building is 15 feet at setbacks and 30 feet overall as measured from finished grade. Hillside Design Section 17.122.020.D.1.0 requires that residences in the Hillside Overlay District be designed to fit within a 30 -foot high building envelope. Furthermore, the building's garage is subterranean and designed to reduce the overall scale and massing of the building. During the review process, the applicant proposed a number of different building layout and grading designs designed in order to reduce view obstruction as seen from the residences to the north. The previous designs included a larger residence and a grading design with larger retaining walls that exceeded height limits. The current design implements the best practices of hillside design that serves to mitigate view impacts. The Development Code does not include a view preservation ordinance, though the applicant has designed the residence to limit view obstructions as much as feasible. The residence has a maximum height of 41 feet above the adjacent street curb and is lower in height to the existing residence along the north and east property line. Architecture: The proposed residence has a contemporary design theme, which includes a flat roof, smooth stucco finish, metal railings with glass panels, and copper roofing. The proposed residence also incorporates stone veneer, decorative wood trims and fascia, and decorative garage doors. In addition to materials, the residence incorporates multiple wall planes, windows and variations in roof height to break up blank expanse of stucco along the side and rear elevations. The variations in roof height helps the residence remain in compliance with Hillside Design Guidelines Section 17.122.020.D.2, minimizing the appearance of overbuilding and the blocking of views. The building mass is broken up though multiple wall plane changes and the incorporation of exterior decks and patio areas along the front and rear elevations. The residence will be painted earth tone colors, meeting Hillside Design Guideline Section 17.122.020.D.2. The design of the residence is compatible with the other residences along Camino Predera, which includes a variety of architectural styles. Second Dwelling Unit: The second dwelling unit at the rear of the lot incorporates similar styles to the main residence. The unit includes a flat roof, stucco finish, and a variety of decorative wood and metal trims. The unit is also improved with glass windows and doors on three sides to break up blank wall expanses and to provide natural lighting for the unit. Similar to the main Page 209 DRC COMMENTS HILLSIDE DESIGN REVIEW DRC2016-00672 ANDRESEN ARCHITECTURE June 19, 2018 Page 3 residence, the unit is dug into the hillside which reduces the scale and massing of the building and helps to protect the view of the residence to the north. General Onsite Improvements: The front yard consists roughly 48% of hardscape area, which includes a winding driveway up to the garage. The driveway consists of grades up to 6 percent slope. The driveway largely follows the contours of the land as the grade ascends and minimizes cut -and -fill to the dirt levels. The wall is flanked by a series of retaining walls generally between 3-4 feet, and not exceeding 6 feet in height, to retain dirt on the other side of the wall. Per Hillside Development Standard 17.122.020.C.1.d, driveways with grades up to 20 percent are permitted when they are aligned with the natural contours of the lot and are necessary to achieve site design goals. The contour design of the driveway allows for the slope level to remain beneath the maximum permitted and to maintain minimal wall heights at the front of the residence. The applicant is also proposing retaining walls in the side and rear yard of the property. The proposed walls are between 3-4 feet in height. The walls are 3 feet apart and meet the minimum separation requirement per Development Code Section 17.48.030. In addition to rear and side retaining wall, the applicant is proposing a new wrought iron fence along the rear property line. The wrought iron fence will replace an existing chain-link fence and improve the visual quality of the site. Furthermore, the wrought iron fencing is in keeping with Hillside Design Guideline Sections 17.122.020.E, which encourages the use of open -view fencing to reduce view obstruction. Grading: The proposed grading design limits earth work to 2,400 cubic yards of export from the project site, with most of the export necessary to underground the garage and to provide for a flat, usable rear yard between the house and the second dwelling unit. The proposed grading work around the perimeter of the site is less intensive and will involve minimal export of soil. The result is a higher grade level around the perimeter, requiring the use of retaining walls to hold back the dirt from the usable areas of the rear yard. The foundation of the residence consists of an upper pad with an elevation of 1,352 feet and a lower pad for the garage at 1,341 feet. The split pad is in conformance with Hillside Design Section 17.122.020.D.1.a, which requires terracing of the building to follow the slope. Undergrounding the garage necessitated the use of an up to 6 -foot high retaining wall to retain dirt for the driveway. The height of the wall is in conformance with Hillside Design Section 17.122.020.G.1.j.iv, which permits retaining walls over 8 feet that are an integral part of the structure. The proposed grading includes up to 18 feet of cut and 7 feet of fill. Projects in the Hillside Overlay District requiring 5 feet of cut or fill is required to be reviewed by the Planning Commission. The additional cut/fill is necessary due to the steepness of the lot. Landscape: The proposed landscaping is designed to comply with Hillside Development Section 17.122.020.F. including the use of drought tolerant landscaping to protect slopes from erosion and planting shrubs to soften the views of the upslope elevations. The project is not within the High Fire Hazard Zone or within a wildland-urban interrace area. The proposed landscaping also complies with the front yard landscape requirements, including reducing hardscape to less Page 210 DRC COMMENTS HILLSIDE DESIGN REVIEW DRC2016-00672 ANDRESEN ARCHITECTURE June 19, 2018 Page 4 than 50 percent of the front yard area. Landscaping the rear half of the lot is designed to minimize grading and includes the planting of various plants and a decorative fountain. Neighborhood Meeting: The applicant held a neighborhood meeting at Valley Vista Elementary on May 22, 2018, with approximately 16 people in attendance, not including the applicant and owner. The applicant provided an overview of the project and fielded questions. The questions were primarily directed towards the technical details of the project including the height of the structure, the size of the residence, the setbacks of the residence, and the earthwork quantities involved. Residents also had questions regarding the City's policies and standards regarding the establishments of new homes in the neighborhood. The overarching concern raised was the potential view loss created by the height and size of the proposed residence and by the proposed landscaping. The existing residents stated that their concerns were driven by the newer residences along Camino Predera that were approved over the last 20 years, which they felt were not in keeping with the intent of the Hillside Overlay District and with the older residences in the area. DESIGN COMMENTS Staff Comments: Staff is in support of the architectural, site and grading design for the proposed 6,175 square foot residence and 674 square foot second dwelling unit. The project conforms with the Development Code and the Hillside Design Standards and Guidelines, including providing a grading design that balances the requirement to reduce cut and fill to the greatest extent possible and reduces the height of the structure to limit view obstructions as seen from the adjacent residences. The proposed design reduces the height of the main residence to just over 30 feet above the height of the adjacent grades. The residence is stepped with the existing grade and includes a subterranean garage, further reducing the overall bulk as seen from Camino Predera. Both the primary residence and secondary dwelling unit meet the side and rear yard setbacks per the Development Code. The residence is well-designed and carries the design theme to all elevations, which includes variations in the height of the roofline and wall planes and the extensive use of decorative secondary materials. The proposed design does not require Variances or Minor Exceptions and is in keeping with the more recent residences constructed along Camino Predera. Major Issues: None Secondary Issues: None Staff Recommendation: Staff recommends that the Committee review the project and provide comments as warranted. If the Committee finds the project acceptable, staff recommends that it be forwarded to the Planning Commission for review and action. C1 — Pg4 Page 211 vv1\` 1 VI LV i v - l ■vV r■1WIm DESIGN REVIEW COMMITTEE AGENDA ACTIONS CITY HALL 10500 CIVIC CENTER DRIVE A. CALL TO ORDER 7:00 PM Roll Call: Ray Wimberly X Rich Macias X Candyce Burnett Donald Granger X Alternates: Lou Munoz Tony Guglielmo Francisco Oaxaca B. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Committee on any item listed on the agenda. State law prohibits the Committee from addressing any issue not previously included on the Agenda. The Committee 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 Staff Coordinator, depending upon the number of individuals members of the audience. This is a professional businessmeeting 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. C. PROJECT REVIEW ITEMS The following items will be presented by the applicant and/or their representatives. Each presentation and resulting period of Committee comment is limited to 20 minutes. Following each presentation, the Committee will address major issues and make recommendations with respect to the project proposal. The Design Review Committee acts as an advisory Committee to the Planning Commission. Their recommendations will be forwarded to the Planning Commission as applicable. The following items do not legally require any public testimony, although the Committee may open the meeting for public input. C1. DESIGN REVIEW DRC2017-00889 — KIDDIE ACADEMY — A request for site plan and architectural review of a proposed 10,763 square foot child care facility with outdoor play areas on a vacant site totaling 1.21 acres of land, located in the Village Commercial (VC) District, Page 1 of 3 Page 212 vvB1116W I vJ `6%F I v — t .vv I -Elvin DESIGN REVIEW COMMITTEE AGENDA ACTIONS CITY HALL 10500 CIVIC CENTER DRIVE Victoria Planned Community, at the southwest comer of Atwood Street and Victoria Park Lane; APN: 1089-581-09. Related files: Conditional Use Permit DRC2017-00890 and Tree Removal Permit DRC2018-00460. This item is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA guidelines under CEQA Section 15332 - In -Fill Development Projects. The project was approved as presented and the Committee recommends forwarding to Planning Commission for approval. C2. HILLSIDE DESIGN REVIEW DRC2016-00672 - ANDRESEN ARCHITECTURE - A request for site plan and architectural review of a proposed 6,175 square foot residential home and 674 square foot detached second dwelling unit on a vacant site totaling 12,044 square feet, located in the Low (L) Residential District in the Hillside Overlay District on the north side of Camino Predera; APN: 0207-641-12. This item is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA guidelines under CEQA Section 15303 - New Construction or Conversion of Small Structures. The project was then approved as presented and forwarded to the Planning Commission for consideration, subject to the following: • Commissioner Macias requested staff provide a final Staff Report for the Planning Commission detailing a number of issues raised during the meeting, including, but not limited to the following: the public noticing for the neighborhood meeting, the additional cross-sections required by staff, view poles to be constructed, etc. Commissioner Wimberly requested that a full materials board be provided at the Planning Commission meeting. D. ADJOURNMENT The Design Review Committee has adopted Administrative Regulations that set an 11:00 p.m_ adjournment time. if items go beyond that time, they shall be heard only with the consent of the Committee. ADJOURNED AT 8: t 0PM I, Lois J. Schrader, Planning Commission Secretary of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on day, Wednesday, June 13, 2018, at least seventy two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, CA. Page 2 of 3 Page 213 JUNE 19, 201 S - 7:00 P.M. DESIGN REVIEW COMMITTEE AGENDA ACTIONS CITY HALL 10500 CIVIC CENTER DRIVE dfs Lois J. Schrader Planning Commission Secretary City of Rancho Cucamonga If you need special assistance or accommodations to participate in this meeting, please contact the Planning Department at (909) 477-2750. Notification of 48 hours prior to the meetingwili enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. Page 3 of 3 Page 214 Attachment 4 OCTOBER 10, 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA A. 7:00 P.M. -- CALL TO ORDER 7:02 PM Pledge of Allegiance Roll Call: Chairman Macias X Vice Chairman Guglielmo X� Commissioner Munoz )C— Commissioner Commissioner Oaxaca X� Commissioner Wimberly _X_ Additional Staff Present. Candyce Burnett, City Planner; Nick Ghirelli, Assistant City Attorney; Tom Grahn, Associate Planner, Donald Granger, Senior Planner, Albert Espinoza, Assistant. City Engineer; Susan Shaker, Acting Executive Assistant Il; Mike Smith, Senior Planner, Dat Tran, Assistant Planner, Vincent Acuna, Assistant Planner; Griffin Sproul, Planning Technician B. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Historic Preservation Commission or Planning Commission on any item listed or not listed on the agenda. State law prohibits the Commission from addressing any issue not previously included on the Agenda. The Commission 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 Chair, depending upon the number of individual 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. Rakan Alamat asked for clarification on the five-minute speaking period and if there is open dialogue between the speakers and Commissioners at that time and Chairman Macias confirmed the five minutes speaking time is for the Commission to receive public testimony. Page 1 of 10 Page 215 OCTOBER 10, 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA C. CONSENT CALENDAR/HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION The following Consent Calendar items are expected to be routine and non -controversial. They will be acted upon by the Commission at one time without discussion. Any item may be removed for discussion. C1. Consideration to adopt Regular Meeting Minutes of September 26, 2018 C2. Consideration to adopt Adjourned Meeting (Workshop) Minutes of September 26, 2018 Moved by Munoz, seconded by Oaxaca, carried 4-0-1 (Wimberly abstaining) to adopt the Consent Calendar D. DIRECTOR'S STAFF REPORTS The following items do not legally require any public testimony, although the Chairman may open the meeting for public input. NONE E. PUBLIC HEARINGS/PLANNING COMMISSION The following items have been advertised and/or posted as public hearings as required by law. The Chairman will open the public hearing to receive testimony. All such opinions shall be limited to 5 minutes per individual or less as determined by the Chairman. Please sign in after speaking. E1, CONDITIONAL USE PERMIT MODIFICATION DRC2018-00471- GOLDEN PROPERTY LLC FOR LAZY DOG RESTAURANTS, LLC - A request to modify Conditional Use Permit DRC2011-00457 to lengthen weekend operational hours and expand the sale of sealed beer and wine to take-out orders at an existing restaurant located within the Industrial Park (IP) District and Industrial Commercial Overlay District at 11560 4th Street; APN: 0229-411-04. Related Files: Tentative Parcel Map SUBTPM16926, Development Review DRC2004-01013 Page 2 of 10 Page 216 _a r1 * t HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA C. CONSENT CALENDAR/HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION The following Consent Calendar items are expected to be routine and non -controversial. They will be acted upon by the Commission at one time without discussion. Any item may be removed for discussion. C1. Consideration to adopt Regular Meeting Minutes of September 26, 2018 C2. Consideration to adopt Adjourned Meeting (Workshop) Minutes of September 26, 2018 Moved by Munoz, seconded by Oaxaca, carried 4-0-1 (Wimberly abstaining) to adopt the Consent Calendar D. DIRECTOR'S STAFF REPORTS The following items do not legally require any public testimony, although the Chairman may open the meeting for public input. NONE E. PUBLIC HEARINGS/PLANNING COMMISSION The following items have been advertised and/or posted as public hearings as required by law. The Chairman will open the public hearing to receive testimony. All such opinions shall be limited to 5 minutes per individual or less as determined by the Chairman. Please sign in after speaking. E1, CONDITIONAL USE PERMIT MODIFICATION DRC2018-00471- GOLDEN PROPERTY LLC FOR LAZY DOG RESTAURANTS, LLC - A request to modify Conditional Use Permit DRC2011-00457 to lengthen weekend operational hours and expand the sale of sealed beer and wine to take-out orders at an existing restaurant located within the Industrial Park (IP) District and Industrial Commercial Overlay District at 11560 4th Street; APN: 0229-411-04. Related Files: Tentative Parcel Map SUBTPM16926, Development Review DRC2004-01013 Page 2 of 10 Page 216 4 OCTOBER 10, 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA and Conditional Use Permit DRC2011-0045. This item is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA guidelines under CEQA Section 15301 - Existing Facilities. Griffin Sproul, Planning Technician, gave the staff report and PowerPoint presentation (copy on file). She noted a change in standard condition #1, removing the required minimum number of cameras to be installed and changing the determination of how many and where these cameras would be located from, prior to "issuance of certificate of occupancy" to "commencement of proposed activity. "She stated that the placement and number of cameras would be up to the Police Department's discretion. in response to Commissioner Wimberly and Chairman Macias, Ms. Sproul and Vincent Acuna, Assistant Planner, stated there are no other establishments in the City that provide the same type of take-out service of sealed beer and wine, but Lazy Dog will operate similar to existing breweries. Additionally, Lazy Dog will continue with the same security measures they have in place currently, and the police department will review the camera footage if called for service. Mark Fernandez, representing Lazy Dog Restaurants, LLC., said they have reviewed all of the conditions and have accepted them as written. He responded to Commissioner Oaxaca and Vice - Chairman Guglielmo and said Lazy Dog would like to make operating hours consistent across all locations and they see the expansion of the sale of their branded and co -branded beer and wine as a way to grow their brand. Additionally, anyone can order the sealed beer and wine and take-out the products. He further stated that security is notified if the restaurant staff observes any issues on-site or in the parking lot_ Mr. Acuna responded to Commissioner Wimberly and said a specified time period for reviewing or re- visiting the application is not a current condition of approval for the project, but the Commission can add the condition at their discretion, Chairman Macias opened the public hearing, and seeing and hearing no comment closed the public hearing. Commissioner Munoz stated that he has confidence in the Police Department's assessment of the project, but that the applicant should read the conditions of approval thoroughly. Nick Ghirelli, Assistant City Attorney, clarified that the approval with include the standard condition that within 6 months a review of the progress of the application will be brought back before the Commission. Page 3 of 10 Page 217 W W 0 7; ` 1 CK R d CK Q it 0 ` OCTOBER 10, 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Moved by Munoz, seconded by Wimberly, carried 5-0 to adopt the resolution approving the Conditional Use Permit Modification with an added condition to require the applicant to come back to the Commission in 6 months. E2. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRC2018-00459 — JARY COCKROFT FOR BIANE FAMILY PROPERTIES ^ A request to establish and operate a personal and recreational vehicle storage facility on 3.81 acres of land in the General Industrial (GI) District, on the south side of 8th Street, west of Hermosa Avenue, located at 10013 8th Street — APN: 0209-201-20. Related file: Design Review DRC2017-00448. Staff has prepared an Addendum to a previously adopted Mitigated Negative Declaration for consideration. E3. ENVIRONMENTAL ASSESSMENT AND DESIGN REVIEW DRC2017-00448 — JARY COCKROFT FOR BIANE FAMILY PROPERTIES — A request to construct a personal and recreational vehicle storage facility on 3.81 acres of land in the General Industrial (GI) District, on the south side of 8th Street, west of Hermosa Avenue, located at 10013 8th Street — APN: 0209-201-20. Related file: Conditional Use Permit DRC2018-00459. Staff has prepared an Addendum to a previously adopted Mitigated Negative Declaration for consideration. Mike Smith, Senior Planner, stated the applicant has asked for a continuance to the meeting scheduled October 24, 2098 to further work with staff on the conditions of approval for the project. Chairman Macias opened the public hearing and seeing and hearing no comments, left the public hearing open. Moved by Oaxaca, seconded by Wimberly, carried 5-0 to continue the item to the meeting of October 24, 2018. E4. HILLSIDE DESIGN REVIEW DRC2016-00672 — ANDRESEN ARCHITECTURE — A request for site plan and architectural review of a proposed 6,175 square foot single-family dwelling unit and a 674 square foot detached second dwelling unit on a vacant lot totaling 12,044 square feet, located in the Low (L) Residential District in the Hillside Overlay District on the north side of Camino Predera; APN: 0207-641-12. This item is exempt from the requirements Page 4 of 10 Page 218 , t Ll R a OCTOBER 10, 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA of the California Environmental Quality Act (CEQA) and the City's CEQA guidelines under CEQA Section 15303 — New Construction or Conversion of Small Structures. Dat Tran, Assistant Planner, gave the staff report and PowerPoint presentation (copy on file)_ He noted the correspondence placed on the dais for the Commission review. Doug Andresen, architect, stated they have done the best to design to stay below required limits and to lessen the impacts as much as possible. Chairman Macias opened the public hearing Rakan Alamet who lives on Red Country Club Drive, spoke in opposition to the project citing concerns with loss of views, compatibility to the surrounding neighborhood. and conformance to land use policies. He said he doesn't believe the design meets the requirements of the Hillside Ordinance, Development Code, and the General Plan. He noted that he has submitted a letter in opposition of the project. Mr. Alamet continued speaking on behalf of Mr. Rodriguez, another resident. He stated concerns with loss of property value due to view obstruction and the conformance with the intent of the General Plan although the project meets the technical requirements. Renee and Lynn Massey, residents on Camino Predera, submitted a letter in opposition to the project to be included in the public record. Renee Masse read the letter into the record. Chairman Macias closed the public hearing Vice -Chairman Guglielmo stated that the project is a difficult situation, but it seems like the applicant has worked to address most of the concerns_ Commissioner Wimberly said there have been significant modification and changes to the project to accommodate the concerns. Commissioner Oaxaca stated he is concerned with the references to the language in the Development Code and the Hillside Ordinance, and the previous projects that have been commented on during the public hearing and would like opportunity for staff, legal counsel, and the applicant to respond. He stated that CC&Rs are contracts between private parties but would like to know if they have been considered in past projects as a precedence. Page 5 of 10 Page 219 OCTOBER 10, 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Commissioner Munoz stated the area is a tough place to build, and they've seen projects in Red Hill in the past and will again, but the City does not protect views and the code can be interpreted in different ways. He said it is the Commission's job to ensure the project meets the code and the applicant has modified the design to mitigate the protests and people have the right to develop on private property and the approval of neighbors and CC&Rs is not required. He further stated that although he's not a fan of the design, it meets the code, including the City standard for Accessory Dwelling Units, therefore, he sees no reason to deny the project. Chairman Macias said the applicant has worked with staff and City to try and get the best design while meeting requirements. He said the hillside area is a repeated issue which will come up again but believes in an individual's private property rights and their ability to maximize the economic benefit of their property. Moved by Wimberly, seconded by Munoz, carried 4-1 (Oaxaca against) to adopt the resolution approving the Hillside Design Review as presented by staff. E5. CONDITIONAL USE PERMIT DRC2017-01024 - JEFFREY DEMURE + ASSOCIATES - A proposal to operate a residential care facility totaling 88,896 square feet with 79 assisted living units and 26 memory care units with a total of 115 beds, on a 3.11 acre site located within the Low (L) Residential District, south of and abutting 19th Street approximately 400 feet west of Amethyst Avenue at 9417 19th Street — APNs: 0202-061-05 and 0202-061-49. Related files: Design Review DRC2017-01023 and Tree Removal Permit DRC2017-01022. This project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA guidelines under CEQA section 15332 — In -Fill Development Projects. E6. DESIGN REVIEW DRC2017-01023 - JEFFREY DEMURE + ASSOCIATES - A proposal to demolish three existing single-family residences and accessory structures and develop a two- story residential care facility totaling 88,896 square feet with 79 assisted living units and 26 memory care units with a total of 115 beds, on a 3.11 acre site located within the Low (L) Residential District, south of and abutting 19th Street approximately 400 feet west of Amethyst Avenue at 9417 19th Street — APNs: 0202-061-05 and 0202-061-49. Related files: Conditional Use Permit DRC2017-01024 and Tree Removal Permit DRC2017-01022. This project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA guidelines under CEQA section 15332 — In -Fill Development Projects. Page 6 of 10 Page 220 Wk, I VOCK 1 Vs LV 10 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA E7. TREE REMOVAL PERMIT DRC2017-01022 - JEFFREY DEMURE + ASSOCIATES - A proposal to remove a total of seven heritage trees in conjunction with the development of a two-story residential care facility totaling 88,896 square feet with 79 assisted living units and 26 memory care units with a total of 115 beds, on a 3.11 acre site located within the Low (L) Residential District, south of and abutting 19th Street approximately 400 feet west of Amethyst Avenue at 9417 19th Street —APNs: 0202-061-05 and 0202-061-49. Related files: Conditional Use Permit DRC2017-01024 and Design Review DRC2017-01023. This project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA guidelines under CEQA section 15332 — In -Fill Development Projects. Donald Granger, Senior Planner, gave the staff report and PowerPoint presentation (copy on file). Jeremy Sutter representing the applicant, Jeffrey Demure + Associates, stated staff has given them great input to the design and have some additional design materials available for review if needed. Chairman Macias opened the public hearing. Ron L. spoke in opposition to the project citing nearness of the facility to his property line, concern with potential noise impacts with visitors, ambulances, light impacts from cars turning into the facility because his house faces the proposed entrance, and the increased traffic. He also stated there are already four similar facilities, with one across the street, in the area and questioned the location and need for another assisted living facility. David V. spoke in opposition of the project because he is currently on septic and is concerned with potential sewer issues such as water flow, smell, fumes, water drainage as a result of being located between two newer properties on the sewer system and would like to be given an access point to the sewer line. He also cited concerns with traffic control and congestion, decrease in property values, safety issues, high-density population in a small area, and issues with the Sunlit Gardens facility across the street. Len Cummins, spoke in opposition of the project citing concerns with noise and traffic from ambulances, safety issues, the proposed use in a low residential district and the need for more senior housing, and the removal of the Heritage trees_ Joel E_ also spoke in opposition to the project citing concerns with flooding and stated he has spoken to the architect about potential flooding issues. He also cited security concern. Page 7 of 10 Page 221 OCTOBER 10, 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Mario E. spoke in opposition to the project due to concern with declining property values and the increase of traffic accidents that are already increased with the facility across the street. Chairman Macias closed the public hearing. Mr. Sutter addressed the concerns of the speaker as follows: 1. Ambulance noise: there will be a need for ambulances, but they have mitigations in place to address this issue. For example, the facility will be using a telecare system where nurses have access to doctors right away to avoid extra calls that are not necessary, and they are amendable to continue to meet with City, Fire, and AMR to reduce noise impacts. 2. Sewer connection: They wouldn't be able to provide that access due to easement issues, but there is sewer access on 99th Street. Albert Espinoza, Assistant City Engineer, confirmed and added the interested party would have to work with CVWD. 3. Drive aisles and entrances: Designed for fire access and emergency access for the entire building and re -designing the drive aisles and driveway would result in the building to be set closer to the street. 4. Traffic and light impacts: Potential headlights on neighboring properties would only occur is someone missed the entrance to the facility and the anticipated increase in traffic is less than 50 trips and before 8:00 PM. 5. Drainage issues: The civil engineer, Tony McCreery said a 6 -foot tall site wall will wrap the perimeter and will have intermittent blocks taken out to continue to allow for water flow which will help not to increase flooding in the area_ In response to Chairman Macias, Mr. McCreery stated that there is an existing drainage channel on the south of the property. Commissioner Munoz said there is a more of a need for assisted living facilities due to the increase in seniors and doesn't see heightened traffic as an issue for these types of facilities. He stated that a facility that is not built cannot be compared with another facility, but this project has to meet the conditions of the permit and can be re -addressed if problems arise. Commissioners Wimberly and Oaxaca concurred with Commissioner Munoz and further stated the facility will be an enhancement to the community and not create any negative impacts, and the project is a permitted use in the Low -Residential District, Vice -Chairman Guglielmo stated the design is well- thought out and mitigates view obstruction and functional design. Chairman Macias said he is familiar with Sunlit Gardens across the street, it is a quiet facility and the traffic is caused by the visitors with peak hours during mid-day or late afternoon and sees a high demand for these facilities. Page 8 of 10 Page 222 WL' 1 vor-M 1 V, LV 10 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Moved by Guglielmo, seconded by Oaxaca, carried 5-0 to adopt the resolutions approving the Conditional Use Permit, Design Review, and Tree Removal Permit as presented by staff, F. COMMISSION BUSINESSIHISTORIC PRESERVATION AND PLANNING COMMISSION INTER -AGENCY UPDATES: COMMISSION ANNOUNCEMENTS: G. ADJOURNMENT 9:UUPM I, Susan Shaker, Administrative Assistant of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on, Thursday, October 04, 2018, seventy two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. susara. shRktr Susan Shaker Administrative Assistant City of Rancho Cucamonga If you need special assistance or accommodations to participate in this meeting, please contact the Planning Department at (909) 477-2750. 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. Page 9 of 10 Page 223 V[..1 Uor—M 1 Vy LV 10 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA INFORMATION FOR THE PUBLIC TO ADDRESS THE PLANNING COMMISSION The Planning Commission encourages free expression of all points of view. To allow all persons to speak, given the length of the agenda, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Planning Commission on any agenda item. To address the Planning Commission, please come forward to the podium located at the center of the staff table. State your name for the record and speak into the microphone. After speaking, please sign in on the clipboard located next to the speaker's podium. It is important to list your name, address and the agenda item letter your comments refer to. Comments are generally limited to 5 minutes per individual. If you wish to speak concerning an item not on the agenda, you may do so under "Public Comments." There is opportunity to speak under this section prior to the end of the agenda. Any handouts for the Planning Commission should be given to the Planning Commission Secretary for distribution to the Commissioners. A copy of any such materials should also be provided to the Secretary to be used for the official public record. All requests for items to be placed on a Planning Commission agenda must be in writing. Requests for scheduling agenda items will be at the discretion of the Commission and the Planning Director. AVAILABILITY OF STAFF REPORTS Copies of the staff reports or other documentation to each agenda item are on file in the offices of the Planning Department, City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730. These documents are available for public inspections during regular business hours, Monday through Thursday, 7:00 a.m. to 6:00 p.m., except for legal City holidays. APPEALS Any interested party who disagrees with the City Planning Commission decision may appeal the Commission's decision to the City Council within 10 calendar days. Any appeal filed must be directed to the City Clerk's Office and must be accompanied by a fee of $2,793 for all decisions of the Commission. {Fees are established and governed by the City Council}. Please turn off all cellular phones and pagers while the meeting is in session. Copies of the Planning Commission agendas, staff reports and minutes can be found at www.CityofRC.us. Page 10 of 10 Page 224 Attachment 5 Transcription from PC Meenng October 10, 2018 for Hillside Design Review DRC2016-00672 Chairman Macias: Thank you. Moving on. Item E-4: Hillside Design Review DRC 2016-00672, Andresen Architecture. The staff report please. Dat Tran: Good evening, Mr. Chairman, members of the Planning Commission. The item before you tonight is a site plan architectural review of a custom single family home, located in the Camino Predera neighborhood under Hillside Design Review DRC2016-00672. The proposed application is to construct a 6,175 square foot custom residential home and a 674 square foot accessory dwelling unit on an existing residential lot. The project site is 12,000 and 44 square feet or roughly .28 acres. The General Plan Designation for the property is Low Residential. The Zoning is Low Residential District, and it is located in the Hillside Overlay District. Here is an aerial showing the entire site. As you can see it's a roughly rectangular shaped parcel. The house will be located in the middle of the lot, and the accessory unit is located at the rear of the lot, away from Camino Predera. As for the main house of the overall site, the lot coverage is 34 percent versus the proposed 40 percent that's permitted in Low Residential. The main house is set back, or as you can see on the table, which has proposed front setback of 53 feet, rear setback of 41 feet, and west property line setback of 10 feet, and east property line setback of 6.8 feet. They all exceed the minimum required setbacks for the zoning district. The height of the home is 30 feet, and there is a maximum of 30 feet permitted in the Hillside Overlay District. The front yard is 52 percent landscaped, versus the 50 percent landscaping that's generally required for residential single-family lots. _ As for the accessory dwelling unit, the nearest accessory dwelling units are allowed to be up to five feet from the rear inside property lines on any single family residential lots in the city. The accessory dwelling unit has a five-foot rear setback and 18 feet setbacks along the west and east property lines, respectively. The height of the proposed second dwelling unit is 15 feet proposed, which is underneath the 16 feet maximum that's permitted. And the size of the accessory dwelling unit overall is 674 square feet, which is less than the 1,200 square feet maximum that's allowed per state law, according to the recently passed Assembly Bill 2299. Here is the site plan showing the location of the proposed home and accessory structure compared to all the existing residents nearby. As you can see it's along the east, west, and north property boundary where there are existing residences. In terms of property design of the new building, it has a contemporary design theme, which includes smooth stucco finish, metal railings with glass panels, and copper roofing over the entryway. The design also incorporates decorative wood trims and has fascia and decorative garage doors. The overall property has the flat roof design with variations in wall plane and parapet height, which allows for a breakup of the expanse of the wall. The house, overall, is compatible with the surrounding houses in the neighborhood, which consists of a variety of architectural style. 10-10 HPC -PC Meeting-Edited4 (Completed 10124118) Page 1 of 12 Transcript by Rev.com Page 225 Transcription from PC Meeting October 10, 2018 for Hillside Design Review DRC2016-00672 Mr. Tran (cont.): The house also has a partially subterranean garage, which requires the adjacent grade to be lowered. This significantly reduces the overall height of the house as the garage has to be dug into the ground, and the height is measured from the base of the garage. The site also has construction of terrace and retaining walls that minimize the alterations of Hillside creating conditions around the perimeter of the site, so that it can maintain a usable rear yard. In terms of wall heights on site, wall development and height, and the separation distances between terrace walls meet all code development standards. Here are the colored elevations of the house and the existing homes to the east and west. As you can see here, the height of the home is lower than the height of the house to the east of it. Although, it's taller than the existing house to the west side of it. Here are the other elevations basically showing the height of the house from the west and east elevations. Again, you can see this house along the east side being a little bit taller than the existing house. Here are the elevations for the accessory dwelling unit. As you can see, the structure extending to the rear yard, and is only partially visible from the rear property. The south elevation shows the existing deck area of the neighboring property, and the deck area is located above the dwelling unit. So that you can ... it definitely ... it's behind and above. Public noticing was conducted upon deeming the project as completed and prior to the schedule of the date of public meetings, in full accordance with the development code, and policy with the cities. Two public meetings were held. First was the neighborhood meeting on May 22nd, 2018. The second was the design review meeting on June 19th, 2018. A number of residents attended both meetings, and provided comments between and after the meetings. Staff received a number of written correspondence and phone calls from residents. Residents who had provided correspondence and made a phone call expressed opposition to the project as proposed. Staff will now attempt to explain some of the concerns that residents had. First overarching concern that residents had was their concern that the size of the proposed home and accessory dwelling unit would block the neighbor's view overlooking the hillside. In terms of the project itself, or the City's Development Code itself, it doesn't include a requirement to preserve views. The applicant has, however, designed the residence to limit the obstruction as much as possible. The project complies with the 30 foot height limit in the Hillside Overlay District. As mentioned, the house is lower in height relative to the houses to the east, and also to the north. Residents concerned with the proposed loss of view also proposed that the pad of the elevation, in order to remedy the potential loss of the view, that the home should be moved closer to the front setback in order to reduce the height of the home, as the front side of the lot is much lower than the back side. So, in terms of that, the home was designed with a substantial setback that was twice the minimum setback requirement, 41 feet versus the minimum 20 feet that's required for the residential zoning area. So, it's already set considerably forward. Also, the design of the house includes architectural elements that reduces the overall height of the home. 10-10 HPC -PC Meeting-Edited4 (Completed 10124118) Page 2 of 12 Transcript by Rev.com Page 226 Transcription from PC Meeting October 10, 2018 for Hillside Desigii Review DRC2016-00672 Mr. Tran (cont.): The house incorporates lowered pads, allowing for portions of the garage to be partially subterranean. The design of the garage, in turn, requires the adjacent grades to be lowered. Which, in turn, causes the 30 feet height maximum height to be lowered because the new height measurements have to be taken from adjacent grade next to the garage grade levels. So, therefore, the house is lowered roughly an equivalent of ten feet as opposed to if the garage was above ground. This grade separation helps the structure, blends it with the contour of the hillside slope, and helps minimize potential visual impacts that the neighbors (speak of? Inaudible) The applicants also installed story poles on site to visually demonstrate the height of the proposed home. The height of the story poles were verified accurate by the civil engineers for the project, Bonham and Associates, and, the City's Engineering Department did review the methodology and the equipment used for verifying the poles, the pole heights, and they deemed that the process was acceptable. Here are pictures of the various view poles as taken from the site, from the various elevation as you're facing it. For example, with the first picture if you face, that's would be facing north, whereas, to see the houses on the north side of the property line. As well as south, east, and west elevation. The poles demonstrate show the tallest point in which the various roof lines are. The residents also provided statements indicating that the design of the home was in violation of the covenants, conditions, and restrictions for the neighborhood. So, a little bit of background, the covenants, conditions and restrictions, or CC&Rs, recorded for the 38 lots around Camino Predera. The CC&Rs prohibited the owners of the property within the tract from constructing any improvements that would unreasonably obstruct the view from any other lots in the neighborhood. However, the City attorney reviewed the CC&Rs, and determined that the city has no obligations or standing to enforce the CC&Rs themselves. That would be a private matter. In terms of the neighborhood meeting that was conducted, the residents raised issues with the public notifications for parts of the neighborhood meeting process, especially in regards to the notification radius and square footage of the home listed in the public notice. So, with a notification, the applicant mailed out the notifications of the neighborhood meeting in accordance with City policies. Notices were mailed out 12 days before the meeting dates. And, in terms of the square footage of the home, the floor areas of the proposed housing and accessory dwelling units were stated as 3,496 and 496 square feet, respectively, in the letter. These floor area square footages will be some non -moveable areas and are not the total square footage. In addition to the neighborhood meeting, residents also provided comments at the design review meeting itself. in response to the residents comments, design review committee requested the applicants provide additional sections. The intent of the new sections was to further show the scale and massing when compared to the existing residence of the neighborhood, expanding it further outward so you can see the entire ... all the houses on the site. The new sections 10.10 HPC -PC Meeting-Edited4 (Completed 10124118) Page 3 of 12 Transcript by Rev.com Page 227 Transcription from PC Meeting October 10, 2018 for Hillside Design Review DRC2016-00672 show the heights of the house, as well as the heights of the adjacent home. So, here are the expanded ... again north, south, and east, west elevations provided by the applicant, showing the heights of the home. In terms of, as you can see with the existing house in the east, it is taller than the existing home. Whereas the existing home is taller than the existing home to the west. And along the north side, the existing house to the north does have a ... it's located at a higher height than the existing home and does have a line of sight from that can exceed the existing home. Mr. Tran (cont.): The proposed project is exempt from the requirements of the California Environmental Quality Act. Under section 15303: New Construction and Conversion of Small Structures which includes up to four residential single-family units. This is one residential single-family unit, so it fits under that determination. The proposed project is also exempt from the requirements of the Public Art Requirement. The project is single family residence, and residential projects with a density of equal or less than four dwelling units per acres are exempt from the City's public arts requirements. In conclusion, staff recommends the Planning Commission approve Hillside Design Review DRC2016-00672 through the adoption of the attached resolution of approval with condition. Staff is here today and is available to answer any questions that you may have. And the applicant, as well as the homeowner, are here to answer any questions that you also have for them. Thank you. Chairman Macias: Thank you. Any questions of staff? Commissioner Munoz: Thorough report, no questions at this time. Vice -Chairman Guglielmo: No questions. Chairman Macias: Thank you. Is the applicant present? Mr. Andresen: Good morning, Mr.... or Good afternoon, Mr. Chairman. My name is Doug Andresen, I'm the architect and I just wanted to let you know that we've done our very best to be a good neighbor and who ... try to be as ... as you planning type people know, it's difficult to design an uphill slope house. And, so we worked with Dat. I want to thank Dat for being very thorough and helping us to not only stay within the limits, but below the limits. And, so, we've done everything we could to be as ... to lessen the impact as much as we could. So, we're here to answer any questions and ... if we could help with anything. Chairman Macias: Thank you. Any questions of the applicant? Commissioner Munoz: No sir. Commissioner Wimberly: No questions. 10-10 HPC -PC Meeting-Edited4 (Completed 10124118) Transcript by Rev.com Page 4 of 12 Page 228 Transcription from PC Meeting October 10, 2018 for Hillside Design Review DRC2016-00672 Commissioner Oaxaca: No questions. Chairman Macias: Thank you sir. Okay, I want to open the public hearing for this project. 1s there anyone in the audience who will want to come and speak to the commission regarding this project? All you need to do is step forward. Please state your name and commence your testimony. Mr. Alamat: My name is Rakan Alamat. I live on Red Hill Country Club Drive, directly behind the proposed project. As I mentioned, this is my first time with a forum like this, so I'm kind of not quite sure how this thing works, but I'll do my best. The reason why I live in Red Hill is because the view, and I feel sorry for the applicants, because the City has let them down. They have let the whole residents of Red Hill down. This incident has been going on, or this case I should say, it's like re -run of a movie. This has already been played back in 2000 and 2004. The City planners, the City Commissioners, and the City Council have made the decision. So, but nothing has been done. The Development Code has not been modified accordingly. In my opinion, I have addressed the City Manager as well the attorney, I don't believe that this project, the way it's designed, meets the requirements of the Hillside Ordinance, it does not meet the Development Code and it does not meet the General Plan in addition to all other references mentioned in my letter. I have submitted a 12 page letter, hopefully you guys have read this. The Hillside Ordinance there is a, there is an Ordinance that says you shall, the view shall be reserved, or preserved. Shall in the definition of the Development Code is not a suggestion. Shall is a mandatory, so when the ordinance says the view shall be preserved, what does that mean? Shall it be preserved 100%, 80%, 10%? So if you interpret the Hillside Ordinance, there's about three or four times where the views are mentioned. They shall be preserved. So I'll leave it up to you to decide that. The Development Code, the staff, City staff and the Planning Commission have all stated that the Development Code does not have a view requirements, I beg to differ. There is about six or seven mentions in the Development Code itself where it says that the view aren't really mentioned. For instance, Section 17.122.010 for residential development, under section E2G, Orient building to focus on good views. In the fencing, they've also said that the fencing ought to be open to enhance the views. These are the easy ones. The Development Code goes on to say that even the location of the standing garage or car port, they have to be in a place that will not disturb the primary view. But here is the facts written pertaining to the views. Section 17.120.030 Building Design, under the guidelines, section R, the height and bulk of the building shall not unduly block views and solar access of adjacent and other nearby buildings, again it says the height and the bulk of the building shall not, shall not is not a recommendation, it means its mandatory, block views. Guess what my house as well as Mr. Rodriguez, right behind the building, they will be blocked. 10-10 HPC -PC Meeting-Edited4 (Completed 10124118) Page 5 of 12 Transcript by Rev.com Page 229 Transcription from PC Meeting October 10, 2018 for Hillside Design Review DRC2016-00672 Mr. Alamat (cont.): Now, we are not against building the house, we're here for view sharing, not view blocking. If any of you is aware or familiar with Red Hill, it's a cascading design. It's very distinct area neighborhood that's been in here for a long time. The City Council has found many cases in which they've stated that this is a very distinct area and it has a unique character that any new development, again that's a City code. Chairman Macias: You have one minute, sir. Mr. Alamat: Any City development that has to meet the land use, the land use, as you know there is policies. This project does not conform to the policies. Okay? 1 have stated that in my letter as well. There has been a decision made by the City Council back in 2004.1 thought one of our guiding principles as the City of Rancho Cucamonga, we have seven of them. This project does not comply with five of them. That we respect the decisions of the past, so we can move forward. Well, the decision in the past has already been made. The similar project was denied because of the blocking of the views. So, one last comment about the compatibility of the house, Dat and the architect mentioned it was compatible. When you say compatible, this house is almost 7000 sq ft. in area. The largest on the block. This house is a three story, the only one on the block. This house is two stories on top of a three car garage, the only one in there. It has an elevator. Chairman Macias: Thank you sir, thank you sir. Mr. Alamat: Can Mr. Rodriguez yield his time for me? Chairman Macias: Yes. Mr. Alamat: Okay. I'm talking on behalf of Mr. Rodriquez who is my neighbor, is 80 years old. He is still working and caring for his ailing wife. He would like to sell this house soon, as you know, in the report it was mentioned about the fiscal impact. How the City kind of concern about the City, fiscal impact as far as the residents increase in value, but guess what's going to happen to the values of the homes behind them. So if a house behind has a good view it's going to be worth a lot of money, but if there's a view obstruction it's not going to be worth as much. So that's part of the equation that you guys would have to look into it, and not just the house itself and what kind of revenue it might bring to the city. thought this would be a lot easier, this is a little more stiffer actually. Let's see, so, Mr. Commissioner there's a process called a design review process, that should not have passed through that. There are four requirements, again, this project might meet all the dimensions and their criteria, the setback, flight envelope, or height envelope, but the actual intent of the General Plan, which has a lot of legal implication to it. There are four criteria and if I'm not mistaken, three out of those four, three out of the four criteria did not even meet. So, if they did not meet the standard, why will they pass? I0-10 HPC -PC Meeting-Edited4 (Completed 10/24/18) Transcript by Rev.com Page 6 of 12 Page 230 Transcription from PC Meeting October 10, 2018 for Hillside Design Review DRC2016-00672 Mr. Alamat (cont.): Alright, in full development it says any new full in development shall gain acceptance of the surrounding neighbors. Gains acceptance of surrounding neighbors, does that mean approval of the neighbors? They don't have the approval of the neighbors. Second, it says new development will be required to compliment and reinforce the unique character of each neighborhood. This is unique by itself. It does not compliment. It does not enhance the character of Red Bill. This is unique by itself, as Ms. Williams back in 2004 and she said it eloquently, when she says, those are big boxes. That's Red Hill, that's going to stick out. Dat mentioned the house to the east, that's the biggest mistake the City of Rancho has made, by approving that design. That design, that house is not up to spec. The City knows it and they approved it even though it did not conform to their drawings. So, as a resident not only we don't approve of their project as designed, but we still lack the confidence in the City to follow through to make sure that the heights and the setbacks, and everything the architect had mentioned will be followed through. I yield my time, thank you so much. Chairman Macias: Thank you sir. Is there anyone else in the audience who would like to speak to this Commission, please step forward. (Submission of letter to Susan Shaker from Renee Massey for the Commissioners) Ms. Massey: Good evening Chairman Macias and members of the Planning Commission, my husband Lynn and I have lived in, on Camino Predera now for 22 years and have been deeply involved in the process of development in this area. On June 19 a DRC meeting was held regarding this project. At that meeting we learned that the actual size of the project had been misrepresented to us at the neighborhood meeting the previous May. That was very disappointing and even though we and other neighbors continually repeat the same areas of concern, projects continue to be approved and our concerns ignored. In 2000 the Concordia project and the development of 21 homes was approved by the Planning Commission against strong objections by the Red Hill neighbors, Lynn and I appealed based on the Hillside Ordinance and the CC&R's and the City Council granted our appeal. In 2004 the Stachoviak project was also approved by the Planning Commission. We appealed, and the City Council granted our appeal again, based again on City Ordinance and the CC&R's. The City Council based its decision on substantial evidence and specific four points of conclusion, which is documented on the staff reported dated July 21st and referenced in the letter received from Chuck and Suzanne so I will not repeat those four points. Now it might be argued tonight that this project fulfills many of the requirements, we argue that it does not. It is part of the record that during the discussion at the meeting in 2004 the Council Members were in agreement that the Hillside Ordinance guidelines which they said were not met, also argued that the line of sight be clarified. Actually, as Councilmen Gutierrez stated, he thinks we need to set a line of sight ordinance. According to page 288 of the staff report, Development Code does not include a requirement to preserve views. 10-10 HPC -PC Meeting-Edited4 (Completed 10124118) Page 7 of 12 Transcript by Rev.com Page 231 Transcription from PC Meeting October 10, 2018 for Hillside Design Review DRC2016-00672 Ms. Massey (cont.): So, 14 years later we still have no Ordinance and no clarification. We bring up this argument, we bring this up also, because the argument that staff, including staff attorney, is making is that the City has no obligation to enforce the CC&R's. We don't disagree, but the City does recognize the CC&R's as a recorded document that establishes restrictions and the City should also recognize the obligation to include such restrictions in the planning process. We should also note that the CC&R's is a contract. With any contract, violations to the covenants are enforceable in court. We have consistently over the years brought these concerns to the planning process, experiencing a fight all the way. The CUR'S clearly state in Section 2.04 under view obstructions, no vegetation, no improvement or other obstructions shall be planted, constructed or maintained in any lots in such location or of such height as to unreasonably obstruct the view from any other lot in the project. Based on those two points of such height and unreasonable obstruct we again implore the members of the Commission to recognize that even though the City has maximum height limits and no Ordinance to preserve views, it does not mean that this project or future projects should ignore the CC&R's. We could work together to achieve the character of the Red Hill area. Another area of concern is the second dwelling as was advertised on the neighborhood meeting notice. The CC&R's Section 2.02 specifically states that no dwelling shall be erected, altered, placed or permitted to remain any other lot than the one attached dwelling design to accommodate no more than a single family. Therefore the second dwelling proposed for the project should not be approved. We are aware of the state of California bill 2299, however, the language states, the local agency may, by ordinance, provide for the creation of an accessory dwelling unit, in single family, multi -family residential zones. May is not must. The State has legally permitted but not required them. Also, the City's development standards regarding the second dwelling units specifically states the unit shall provide one enclosed parking space per unit. The enclosed parking space shall not be located in the required front or side yard setback for the primary unit. According to page 295 of the staff report tonight, I do not see a drive way directly to the secondary unit, so the plan has not been amended to comply with that standard. In closing the CC&R's is a recorded document, or recorded code, in San Bernardino County. The City of Rancho Cucamonga acknowledges its existence by referencing the CC&R's of past projects and since this project violates some of the provisions of said document, as well as some of the Development Code provisions, and the Commissioners have the authority to enforce. We respectfully request the Commissioners to not approve this project. Thank you for your time. Chairman Macias: Thank you very much. Anyone else in the audience would like to address this issue? Please step forward. Chairman Macias: Last call. Last call before I close the public hearing. Chairman Macias: Public hearing is closed. 10-10 HPC -PC Meeting-Edited4 (Completed 10124118) Transcript by Rev.com Page 8 of 12 Page 232 Transcription from PC Meeting October 10, 2018 for Hillside Design Review DRC2016-00672 Chairman Macias: Okay, Commission comments and discussion. Commissioner Munoz? Commissioner Munoz: I would like to reverse the role here. I'm stili writing my thoughts. Vice -Chairman Guglielmo: This is a tough situation in the sense that you know these people want to build their dream home and at the same time be sensitive to the neighbors that live around them. It looks to me like they've worked very hard to address a lot of the concerns, I don't know if it's possible to address all of them. But it's a tough situation. That is all 1 have to say right now. Chairman Macias: Thank you Vice Chair. Commissioner Wimberly? Commissioner Wimberly: I would like to thank Dat for a comprehensive report that he put out there. Also, I would thank the applicant for working so diligently with staff in making the necessary changes that were proposed to them to be accommodating to the neighborhood. I know it doesn't, a lot of you were stating they are not, but from what we've seen, what they brought forward and what they're actually finishing including attempting to put into the lot itself, there was significant modifications and changes that were accommodations to the information that you brought forward to them. I would like to commend them for doing that, like to commend staff for working very hard with them to get them to this compliance. That's all I have to say. Chairman Macias: Commissioner Oaxaca? Commissioner Oaxaca: Thank you Mr. Chair. Redhill, you've been here before, you'll probably be back again. It's a great neighborhood and I can understand how over the years there have been many conversations, probably conversations like this, where every proposal, every plan, every individual project that's been proposed. We've heard a lot of interesting commentaries and I have received a couple of documents from members from the public, concerned residents, referring to the applicant's presentation. One of the individuals whose comments mentioned a 12 page letter which we don't have, and I don't know if it's actually been provided to staff or not. Ms. Shaker: It is one of the exhibits under staff report. Commissioner Oaxaca: Okay, thank you. Then that's the same one. My concern, and I do want to second Commissioner's Wimberly's comments, there's been a lot of work that's gone into this project, from the applicant as well as the comments and research that the residents have done. My concern is that I hear a lot of very specific references to language in the Development Code and in other City Ordinances - Hillside Ordinances that frankly, I don't have in front of me, and my feeling right now is I would like there to be an opportunity for staff, legal counsel and the applicant to respond 10 -IO HPC -PC Meeting-Edited4 (Completed 10124118) Page 9 of 12 Transcript by Rev.com Page 233 C Transcription from PC Meeting October 10, 2018 for Hillside Design Review DRC2016-00672 specifically. I don't take things at face value, not meaning to be disrespectful, but I hear a lot of things presented as fact that end up not being quite fact. I think it would be helpful to have the facts in front of me, sitting here, before making a decision. Because of the details in many of the comments specifically referring to, in addition the history of how previous projects have been dealt with by the City. I'm personally not moved, to be honest, by the role that some feel the CC&R's play. I see those as documents that though are recorded as official documents, but really are between private parties and should be left that way. Commissioner Oaxaca (cont.): But, I would also like to probe whether there have been conversations in the past. Looking at other projects where that may have been considered as a precedent. I think that would be important for me to know since it goes back to 2000, 2004. But that would be my position at this point of it. I would like for there to be an opportunity for there to be a more detailed response from staff and the applicant so we can put these concerns to rest one way or another. Chairman Macias: Thank you Commissioner. Commissioner Munoz, are you ready? Commissioner Munoz: Thank you Mr. Chair. Yes, appreciate the delay. Again, to reiterate, I understand everyone's problem with this. This is a very tough place to build without running afoul of somebody's view. We're on a hill, it's a small hill. It's not even a big one and sooner or later these things are going to happen, so I get that part of it. I know that we have said before, at least as long as I've been here, over a dozen years, in this Commission, the City doesn't protect views. We don't pick winners or losers. Now you can interpret the Code in ways that, there are two ways to look at things so you can interpret code in different ways. The applicant has, though, responded to the various requests, bent over backwards, from what I might say, to try and meet the Code. This is not an easy place to build and personally, I thank them for the way ... what was being requested of the applicant probably is the reason it looks the way that it does. I, frankly, don't think it's the best looking, but we're talking about private property. Somebody has the right to develop on their private property. The approval of neighbors, I'm not sure, I heard this before, and I'll say it again, this is Red Hill. You've all been here before about one project or another and I get that, and I appreciate that. We like to hear from neighbors, good or bad, but approval of neighbors relative to the CC&R's or otherwise is not required. Unique doesn't necessarily rule out a project. Because it's unique, because it doesn't meet, it doesn't look like. Now when we read that Development Code, we're talking about a three story building next to a row of single story houses. That would be unique. That would be something that would grab somebody's attention. But another big home on a slope on Red Hill? That is not unique. And that does not rule it out. Design is very subjective. That's just unfortunate. We talk about the design review process. I served on for seven years. 10-10 HPC -PC Meeting-Edited4 (Completed 10124118) Page 10 of 12 Transcript by Rev.com Page 234 Transcription from PC Meeting October 10, 2018 for Hillside Design Review DRC2016-00672 Somebody's great design is not necessarily somebody else's wish to sit on the lot next door to them. It just works out that way. That's not even recognizing that most people don't want anybody building next to them. That's just the way it is. I got my house, I got my view and that's the way I want it to stay. Unfortunately, that doesn't always work out. Commissioner Munoz (cont.): Codes another thing. This project does meet Code. While it may not be what neighbors want there, there are no reasons to deny it. That's what we do. We look at Code, we try and see, we ensure, we look at our reports, we look at the Development Code. If there's somewhere it doesn't meet, then we want, we ask questions. We don't see that here. You may not think that and I see a lot of heads shaking out there, but we're the ones that look at code every day. Accessory dwelling units, ADUs, they're getting tougher and tougher for us to deal with. Statewide, they're asking us to do things with ADUs that we may never even thought were appropriate for a community. Some of it scares me. Because some of the challenges, Sacramento is starting to challenge us on ADUs and make changes that, frankly, challenge us relative to whether a community can be called single family anymore. You'll see some of these changes coming around. Our community is actually taking some steps to make these things a little bit easier to swallow, but they're tough regulations. If you stop building here, the State will ensure, by taking City rights away, that you build in the future. So, we have to be pragmatic. Again, I'll just reiterate, that the applicant has worked mightily to try and mitigate this. What I saw is what they came up with, not the best product in the world, but this is what we have to work with. They're trying to work with folks and neighbors around them. To sum it all up, I understand everybody's position. I'm not prepared to deny this applicant their right to build what they need to build. Their dream house, relative to code that we have in place. I have no reason to deny this project. I'd say let's move forward. Chairman Macias: Thank you Commissioner. I want to thank the staff for the staff report and for a job well done on this project. The applicant did a good job,1 think, of working with staff and the City in trying to eek out the best design that they could while at the same time meeting their desired requirements. Unfortunately, again, I agree with Commissioner Munoz's eloquent comments. Hillside, you've been here before and will be here again on this kind of an issue. It's just going to happen. It's the nature of the hill. It's going to happen again. There's a lot of give and take and I think that has been maximized in this project. I think the developer is doing their best to try and comply with all the pressures that they've had to deal with for this site. This Commissioner has always been protective of an individual's private property rights and their ability to maximize 10-10 HPC -PC Meeting-Edited4 (Completed 10/24/18) Page 11 of 12 Transcript by Rev.com Page 235 Transcription from PC Meeting October 10, 2018 for Hillside Design Review DRC2016-00672 their economic benefit of their property. That being said, I don't see anything here that causes me to want to deny this project. I am ready to entertain a motion. Do I have a motion from the Commission? Commissioner Wimberly: So moved. Chairman Macias: I have a motion from Commissioner Wimberly. Do I have a second? Commissioner Munoz: I'll second. Chairman Macias: I have a second from Commissioner Munoz. Please indicate your votes electronically. Ms. Shaker: Motion passes 4 in favor, l against. Chairman Macias: Thank you. 10-10 HPC -PC Meeting-Edited4 (Completed 10124118) Transcript by Rev.com Page 12 of 12 Page 236 N 0 Attachment 6 Subject: Appeal of Hillside Design Review DRC2016-00672 — Andresen Architecture To: Rancho Cucamonga City Council From: Red Hill residents and neighbors: Massey, Alamat, Rodriguez, Ford, Reyes and Snedeker Date: October 18, 2018 Please consider this to be an official appeal regarding the HILLSIDE DESIGN REVIEW DRC2016-00672 — ANDRESEN ARCHITECTURE project. The following points should be considered: 1. Compatibility: The project, as currently approved, is not compatible with existing homes in the Red Hill area. It does not follow the original spirit and intent of the Hillside Overlay and Hillside Grading Ordinance. The lot coverage is massive and there appears to be no requirement to provide for greater side yard setbacks as stated in the original Hillside Overlay criteria for this area. The proposed design does not enhance, nor continue the existing residential character of the Red Hill area. 2. View: The project, as currently approved, will create an unreasonable loss of view that will directly affect some neighbors. The city Development Code references numerous times, the Importance of view preservation. The City Council, In past appeals, has also recognized such. 3. 5gcondary Unit . Accessory Unit or Granny Flat: The project, as currently approved, does not comply with the city's own development standards (17.100.020). Furthermore, the Accessory Dwelling Unit (ADU) is not allowed per the CC&R's that are recognized by the city as a condition of a project submittal for city approval (16.18.060), and have also been acknowledged and recognized by DRC, Planning Commission and particularly by the City Council Members in past appeals. Please review this information and know that we are not opposed to development of the hillside lots. We are opposed to Incompatible development having the mass and scale as currently proposed that fails to incorporate neighborhood compatibility and reasonable view sharing as key design considerations for this very unique hillside community. We will look forward to hearing from you. Sincerely, Lynn and Renee Massey Rakan and Maria Alamat Frank and Ellissa Rodriguez Jim and Judy Ford Tom and Alona Reyes Tom Snedeker Please make the point of contact: Renee Massey 8088 Camino Predera Rancho Cucamonga, Ca 91730 (909) 560-2345 Email: reneemass1952@yahoo.com RECEIVED OCT 18 2018 CITY CLERK C"T OF RANCHO CUCAMOHOA Page 237 Attachment 7 October 7, 2018 Chairman and Members of the Planning Commission Re: Hillside Design Review DRC2016-00672 — Andresen Architecture — Proposed 6,175 square foot residential home and 674 square foot detached accessory dwelling unit on a 12,044 square foot lot in the Hillside Overlay District Dear Chairman Macias: This correspondence is to share our continuing disappointment with what seems a most unfortunate loss of the original spirit and intent of the Hillside Overlay and Hillside Grading Ordinance. In our case, what was originally designed and contemplated to be a custom lot subdivision of split level homes designed to fit the natural contours of this unique hillside area has devolved into an array of oversize, large mass and profile structures that are representative of the "Not This" exhibits contained in the early Hillside Grading Ordinance. If the lot coverage is not enough of an issue, there apparently is no requirement to provide for greater side yard setbacks as stated and contained in the original Hillside Overlay criteria. This has resulted in new homes being approved on view lots having only 5' and 10' side yard setbacks that are then filled with landscape that blocks out any opportunity for view through these areas. In each case, these large structures were presented as being their dream home, yet not a single one of them lives in any of these residences. The last resident to do so rented out rooms to a wide array of interesting individuals over the course of a few years. Some of them remained vacant and were subject to being broken into and converted into grow houses until discovered by law enforcement. This is what we have been dealing with for the better part of the past 20 years, and for the most part likely due to people not being able to sustain the expense necessary to maintain these large edifices. The process involved with this particular house has been complicated by virtue of an architect that didn't properly notice existing property owners, misrepresented the actual size of the structure to the neighborhood and has been somewhat disingenuous in his dealings with the neighborhood concerning the design, size and grading involved with this contemplated residence. The granny flat is of additional concern to the neighbors as it is prohibited by the CC&Rs and has the potential to become a nuisance if rented out by the property owner as was the case with the other residence that became a neighborhood boarding house. Page 238 The City Council sustained an appeal of a residential design many years ago that was for a residence that was not as impacting as the contemplated design, mass, and profile of this structure. Their basis and findings at that time were the following: 1. That the Red Hill area exhibits the distinctive residential character of the early development of the community, and 2. That the proposed design does not enhance, nor continue the existing residential character of the Red Hill area, and 3. That the proposed design does not fully address the hillside setting of the neighborhood, not the standards and guidelines nor the hillside development or ordinance, 4. That the future development of Red Hill should present design features and scale that are keeping with the historic character of the surrounding area. One of the key quality of life attributes with living in the Red Hill area is the opportunity for view enjoyment along the slope areas that afford for hillside design that respects this unique character element with contemplated residential design for this hillside community. Regrettably, the staff report seems to dismiss Loss of View associated with development of the newer houses along Camino Predera and as contemplated with this structure design and lot placement. Staff attempts to counter the view loss with comments about the structure being in compliance with the Maximum building height limit allowed in the Hillside Overlay District. They further state that that the height limit and design features of the project reduce any potential visual impact to surrounding properties. The report goes on to state that changes made to the structure "reduced the height of the overall structure by 6 inches", which I would submit was insufficient for this unique hillside area. The staff report states elsewhere that the proposed height of the structure is lower in height than the existing houses north and east of the residence, yet fails to disclose that the house to the north was built substantially higher than approved plans provided for and substantially impairing the view of the house behind it. The builder was not required to correct the additional roof height, and the resident behind has had to live with the result, and will be impacted by the contemplated structure as well. The report makes reference to requirements that are intended to be supportive of view preservation, such as with encouraging the use of open view fencing to reduce view obstruction, yet the experience has been that landscape planted in the side yard setback areas curtails the view. With all due respect, very substantial view obstruction could have been avoided if the pad elevation had been shifted a few feet further down the slope as was suggested at the Neighborhood Meeting back on May 22, 2018. The architect's response was to show where he could shave off a few inches here and there on the rolled up set of plans that weren't shared for review until after the meeting. Page 239 This shift would allow for the desired view share sought by the neighbor behind this lot and would reduce the size of the driveway planned for this structure. It is most unfortunate that these hillside design projects place the existing residents in the unenviable position of having to present issues associated with view impact, and as has been the case in order to seek view share in this very unique hillside area. It is not the neighborhood's fault that an application for a single family residence apparently filed in 2016 wasn't revealed to the neighboring property owners until a May 2018 neighborhood meeting. As there are approximately 15 undeveloped lots that have the potential to impact the views of the uphill properties across the street, the City really needs to rethink its process and develop a review strategy that allows for a win-win view share result with any contemplated residential design in this unique hillside area. We are not opposed to development of the vacant lots. We are opposed to the potential loss of view sharing opportunity that was premium purchase price consideration for those who live on this hillside area. Thank you for your consideration and for your help with this. Chuck & Suzanne Buquet Lot 30 Page 240 October 10, 2018 Chairman and Members of the Planning Commission Re: Hillside Design Review DRC2016-00672-Andresen Architecture - Proposed 6,175 square foot residential home and 674 square foot detached accessory dwelling unit on a 12,044 square foot lot in the Hillside Overlay District. fY1ac"V Chairman Wmar, and Members of the Planning Commission, My husband Lynn and 1 have lived on Camino Predera now for 22 years and have been deeply involved in the process of the development of this area. On June 19th, a DRC meeting was held regarding this project. At that meeting we learned that the actual size of the project had been misrepresented to us at the neighborhood meeting the previous May. That was very disappointing. And even though we, and other neighbors continually repeat the same areas of concern, projects continue to be approved and our concerns ignored. In 2000, the Concordia project of the development of 21 homes was approved by the Planning Commission, against strong objections by the Red Hili neighbors. Lynn and I appealed based on the Hillside Ordinance and the CC&R's... and the City Council granted our appeal. In 2004, the Stachoviak project was also approved by the Planning Commission, we appealed... and the City Council granted our appeal again based again on the city ordinance and CC&R's. The City Council based its decision on substantial evidence and specific four points of conclusion which is documented in the Staff Report dated July 21, 2004, referenced and read in the letter from Chuck and Suzanne 8uquet, which I will include in this letter but not repeat. a) That the Red Hill area exhibits the distinctive residential character of the early development of the community b) That the proposed design does not enhance, nor continue, the existing residential character of the Red Hill area c)That the proposed design does not fully address the hillside setting of the neighborhood, nor the standards and guidelines nor the hillside development ordinance, and d) That the future development of Red Hill should present design features and scale that are in keeping with the historic character of the surrounding area. Now it might be argued tonight, that this project fulfills many of the requirements. We argue .... it does not. It is part of the record that during the discussion that evening in 2004, the council members were in agreement that the Hillside Ordinance guidelines, which they said were not met, also argued that the "line of sight" be clarified—actually, as Councilman Gutierrez stated, he thinks we need to set a "line of sight" ordinance. According to page 288 of the Staff Report..."The Development Code does not include a requirement to preserve views." So, fourteen years later, we still have no ordinance and no clarification. We bring this up also because the argument that staff, including staff attorney, is making ... is that the city has no obligation to enforce the CC&R's. We don't disagree—but, the city does recognize the CC&R's as a recorded document (page 288 of Staff Report) that establishes restrictions... and the city should also recognize the obligation to include such restrictions in the planning process. We should also note that CC&Rs is a contract. With any contract, violations to the covenants are enforceable in court. We have consistently, over the years brought these concerns to the planning process, experiencing a fight all the way. The CC&R's clearly state in Section 2.04 Under View Obstructions. "no vegetation, improvement, or other obstructions shall be planted, CONSTRUCTED, or maintained on any Lot in such location or of such height as to unreasonably obstruct the view from any other Lot in the Project. Page 241 Based on those two points, "of such height" and "unreasonably obstruct", we again implore the members of the Commission to recognize that even though the city has maximum height limits and no ordinance to preserve views, it does not mean that this project (or future projects) should ignore the CC&R's, but could work together to achieve the character of the Red Hill area. Another area of concern is the "Second Dwelling" as was advertised on the Neighborhood Meeting notice. The CC&R's Section 2.02 (Buildings) specifically state, " No Dwelling Unit shall be erected, altered, placed, or permitted to remain in any lot other than one detached Dwelling Unit designed to accommodate no more than a single family ...". Therefore, the "Second Dwelling" proposed for the project should not be approved. We are aware of the State of California Assembly Bill 2299, however, the language for 65852.2. (a) (1) states, "A local agency may, by ordinance, provide for the creation of accessory dwelling units in single-family and multifamily residential zones." May is not Must. The State has legally permitted them, but not required them. Also, the city's development standards (17.100.020) regarding second dwelling units specifically states that "the unit shall provide one enclosed parking space per unit. The enclosed parking space shall not be located in the required front or side yard setback for the primary unit". (see Figure 17.100.029-1) According to page 295 of the Staff Report tonight, I do not see a driveway directly to the secondary unit, so the plan has not been amended to comply with that standard. We are somewhat perplexed, to find out that what was presented to us on May 14`4 at the Neighborhood Meeting....a 3,498 SF residence and 496 SF Second Dwelling was really a 6,175 SF house with a 674 SF dwelling—which, by the way exceeds the city's maximum of 640 SF (just saying). This fact is noted in Staff's report, page 289 ... the fact that staff determined a different floor area than presented by Andresen Architecture. Why the huge discrepancy? In closing, the CC&R's is a recorded document, a recorded code in San Bernardino County. The City of RC has acknowledged its existence by referencing the CC&R's in past projects. And since this project violates some of the provisions of said document, as well as some of the development code provisions, and the Commissioners have the Authority to Enforce ( Code 17.08.020), we respectfully request the Commissioners to not approve this project. Thank you for your time and consideration. Renee and Lynn Massey Page 242 June 14, 2018 Chairman, Commissioners and City Planning Staff, My name is Renee Massey. My husband Lynn and I live at 8088 Camino Predera. We are here AGAIN to regurgitate concerns we consistently present. We feel like a broken record. Project by project, we and our neighbors have implored the city planners, commissioners and the City Council to recognize the integrity and character of the Red Hill neighborhood, sensitivity to view sharing and the impact on the environment. With that said, here we are again. This project on Lot 35 of tract map 10035, if approved, will be another structure that will change the character of this area. It will 0BLITERATE the view of our neighbor Frank Rodriguez and his wife, the home directly north, behind this project. It will also affect the views from the homes of the Alamat family and the Landkammer family. Section 2.04 of the CC&R's reads: "no vegetation, improvement, or other obstructions shall be Planted, constructed or maintained on any Lot in such location or of such height as to unreasonably obstruct the view from any other Lot in the Proiec . This project does just that. Collectively, we have met, in good faith, with the architect to mitigate the issues and concerns of integrity, view and impact. We hope a good Strong compromise can be reached. Historically, the Concordia project of the development of 21 homes in the year 2000 was approved by the Planning Commission, against strong objections by the Red Hill neighbors. Lynn and I appealed ... and the City Council overturned the Planning Commission's decision, granting our appeal. Concordia was also the entity that was responsible during that time, for changing the original height restrictions in the CC& R's. (Copy provided) Because Concordia had the majority, they could do it. Did they contact existing land and/or homeowners in that tract....NO. This is one of the reasons we have our current predicament. And by the way, after many emails and meetings with Concordia, they dropped the project and decided to sell the lots individually. And so, in 2004, a young couple wanted to build their "dream home" on Lot #12. The Stachoviak project was also approved by the Planning Commission. And again, Lynn and I appealed. The City Council again overturned the Commission's recommendation, approved our appeal and denied the project. I will provide a copy of the July 241' 2004 Staff Report documenting that the City Council determined that the approval "did not satisfy all requirements of the Hillside Development Standards". (Provide Copy) Like the project we are discussing tonight, this project was also a 3600 PLUS sq. ft, structure. The project was eventually built after an agreement was reached to reduce the profile. The couple sold their "dream home" about a year after it was completed ... a pattern that unfortunately has been repeated the last few years. The City Council that day based it's decision on substantial evidence and specific findings of facts that was presented during the public hearing, including public testimony. Allow me to read the four points of conclusion by the City Council: a) That the Red Hill area exhibits the distinctive residential character of the early development of the community, and b) That the proposed design does not enhance, nor continue, the existing residential character of the Red Hill area, and c) That the proposed design does not fully address the hillside setting of the neighborhood, nor the standards and guidelines nor the hillside development ordinance, and d) That the future development of Red Hill should present design features and scale that are in keeping with the historic character of the surrounding area. Those four points support what the Red Hill neighbors have been trying to express... aka... the broken record. The residential character that is referenced consists of the views that are not to be unreasonably obstructed. The project tonight, may have checked off all the boxes, but it does not meet the standard that Red Hill deserves, that the neighbors can welcome, and the standard tht4Ci g J�uncil MAY not recognize if an appeal is warranted. Page 243 Q Alamat City Council Letter October 31, 2018 Parc Jlof7 Subject: Planning Commission Approval - Hillside Design Review DRC2016-00672 — Andersen Architecture Dear Council City Members: Please read/review: 1. The October 10, 2018 Planning Commission (PC) audio tape/transcript, discussion section pertaining to referenced subject. It should have a major impact on your determination. 2. Please refer to Alamat Notes dated 10/3/2018 (attached) which was also included in the planning commission packet for a detailed analysis of the noncompliance issues. That letter clearly detailed why the project does not fully comply with; • General Plan • Hillside Development Ordinance • Development Code • CC&R • Past City Council Decisions/Resolutions • Goals and policies of the General Plan NOTE: To this date, the City has not responded to my letter. I am now writing to you to detail the following items: 1. Failure of PC Members the PC members, in my opinion, have failed to recognize important factors/rules/interpretations of the above referenced documents in their approval of the subject project. 2. PC Biased Decision it's my belief that, at least two members of the planning commission, including, the chairman, have already made up their decision even prior to the PC public hearing. Perception is reality to me, when you hear the following statements being said during the public hearing; "Red Hill, you've been here before you probably be back again" "I heard this before and I say it aizain, this is Red Hillyou've all been here before about one proiect or another. I get that, and I appreciate that... " "Hillside you have been here before and you will be here a ain on that kind of an issue it's going to happen, it is the nature of the hill, it's going to happen again, it's going to happen again. " Page 244 P-.411. 12of7 Alamat City Council Letter These statements are referring to the chronic issue that plagued the City of RC for the loss of views during many infill developments at the Hill, since 2000. Unfortunately, I look at these members as part of the problem and not the solution in Red Hill; we look for leaders to implement the city of RC vision of Healthy RC. The actions of these members also showed lack of respect for the sufferings that the Residents in Red Hill have been enduring since 2000. This is not a laughing matter, people's dreams and way of life will be forever impacted based on decisions made by the planning commission members. These are prominent city officials that the City Council has appointed. We look to them for leadership roles to help guide the city to be in compliance with a State Mandate to follow the General Plan. They are aware of this issue, which affects many lives of the Red Hill area neighbors, for many years, what's their response? "Unfortunately, It's the nature of the hill", "you've been here before and will be back again and again," the chairman of the PC said that. One of the PC roles is to make recommendations to the City Council regarding amendments to the General plan, and the Development Code. Why didn't they recommend any amendments? Why make us suffer? Why make future infill development applicants suffer? It's obvious from their statements and actions, which all future Hillside projects will be, handled the same sorry way. We had to pay $2,793 fee to file an appeal for this project. We most likely would not have had to pay that fee, or better yet, not be in this situation, if the PC members were doing their role; this issue of view loss has been going on for a long time. Isn't time, to once and for all, deal with this issue? If not, then the city of RC is not in compliance with the State of CA Mandate with regards to the General Plan as addressed by my 10/03/2018 letter. I may go a step further and suggest changing the language in all documents that references, Guiding Spirits, unique characters, preserving views, heritage, Chapter 2 Land Use Objectives, the list goes on and on. This is truly very disappointing. Please read/review this information and know that we are not opposed to compatible infill development in Red Hill, we are opposed to incompatible development having the bulk and massive scale (biggest building on Camino Predera) that fails to incorporate neighborhood compatibility and reasonable view SHARING as key design considerations for this very unique hillside community. We will look forward to meeting with all of you Wednesday November 7`h, 2018. PS Please read the following pages (total 7 pages) that duaii the above two sections together, mainly, the audio transcript of the October 10, 2018 PC discussion section. Thank You, Rakan Alamat 8551 Red Hill Country Club Drive Rancho Cucamonga, CA 91730 Page 245 Page 13of7 Alamat City Council Letter Failure of PC Members/ PC Biased Decision ;omrsi!oi on .1[S -o's tate Please refer to audio tape Time, 53:43 I.ThFs+is-&„it .sityarffo&f -the semeths , ,you kasw-these pea�le 6ulfd ng7theerr. fomean&tdt e.saMetifngA.sans iv e_c�ei ## orts gmund.them ...� RESPONSE/FACTS: You might hear or have heard that the new clients are building their dream home. This could be the case, however, the track record of the last four mammoth new homes that were built on Camino Predera were all sold shortly after they were built. Address YR Built YRSold, YRSold anain 8062 2006 2012 2013 8054 2009 2015 2016 8044 2007 2017 8034 2008 2013 We, also the homeowners of 10, 20, 30, and 40 years of Red Hill have been living in our dream -homes, and we continue to live the dream! The neighborhood was built with care and concern and one look at the old neighborhood clearly concern for all was of utmost concern and the houses were built with view sharing ... most around 2600-2800 sq. Ft .... not —&7,000 plus. . CoMMJNsionVX LOU Xafiioz's sfatezfi PIease refer to audio tape Time, 59:00, 59:20, 59:52, 1:00:09, 1:00:26, and 1:04:09. ".. I knom, rhat we've said it be}are, at lea' T as 1nxr,- a f -have been here a do'zan. - yeam pn.t�rlJ ggmmissior qhs ai aes�not otect ui s, eve dare.' icic x�ir rens ar RESPONSENACTS: Commissioner Munoz, in my opinion, with all due respect, is incorrect; there are numerous requirements by the Development Code to preserve views, few examples; 17.120.030 Building Design 2. Guidelines r. "The height and bulk of the building shall not unduly „block views and solar access of adjacent and other nearby buildings." 17.120.010 Purpose "The structure and its relationship to other structures, uses, views, existing site condition, and pedestrian orientation should be the dominant factors in the design and orientation of buildings. Page 246 Pa . t 14of7 Alamat City Council Letter 17.122.040 Foothill Blvd. C.5. Views...."the critical requirement is that view opportunities be recognized and enhanced and that all proposed developments be designed to preserve and protect the desired view." 17.120.020 Site Plan Design F.2. Guidelines "...Minimize disruptions of existing ....and views" 17.122.010 Residential Development D.2. g "orient the building to focus on good views" 17.48.010 Purpose The purpose of this chapter to regulate the height and location of fences to provide Iight, air, and privacy without obstructing views, Fencing ..."to enhance views". Free standing garage shall be located so they do not disturb the primary view. .2. ":7n#' pret the code ln-rnanyway that, 'there .itrertwo;tiiraysfito look *rws xou�ao 1 "nte t tete _cade:in digrent;wa s..'{ - - — RESPONSE/FACTS: Commissioner Munoz, in my opinion again, with all due respect, is incorrect. The Development Code is very clear on the definition of "SHALL", Rules of Intemretation of the Development Code, 17.06.072 B. Terminology. The following rules apply to all provisions in this code: 1. Language. The words "shall," "will," "is to," and "are to" and similar words and phrases are always mandatory. "Should" is not mandatory but is strongly recommended, and "may" is permissive. "Views shall be maintained", "views shall be preserved", both arc thus mandatory per the Development Code. In a court of law, the legal definition of "shall", in the Development Code, is very clear. This is the intent of the development code; you can't interpret that in two ways. 3- I frari7cly, d6n-!-tM1n 4t -'s the. ---& w -looking, we are: 6lga g- boyrvrivate 'o -Nr someone Baas the . ht to de to nn 1f e r ate:r _ erV, " RESPONSE/FACTS: Commissioner Munoz, in my opinion again, with all due respect, is incorrect. There are limitations, restrictions, General Plan goals and policies that the private land owner has to comply with, especially of a Hillside. Commissioner Munoz failed to fully recognize the importance of Compatibility requirements of the General Plan, Development Code. and Hillside Ordinance. Few examples. Page 247 V 5 of 7 AIamat City Council Letter General Design Principles: New developments should acknowledge the positive aspects of nearby existing buildings by incorporating compatible features. GOAL LU -9: Foster a cohesive, healthy community through appropriate patterns and scales of development, including complementary transitions between districts, neighborhoods, and land uses. Discussion: Therefore, the City seeks compatible infill development .... Policy LU -9.4: Ensure that infill development is sensitive and compatible with the design and scale of all adjacent historic properties. Discussion: The best way is to create infill development that is sensitive to and inspired by the existing conditions. This includes materials, scale, and massing. 17.16.040 Home occupation permit. A. Purpose. The requirement of a home occupation permit ensures that home occupations in residential neighborhoods are compatible with the surrounding neighborhood character I7.20.040 Design review. 3. Design review committee. iii. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly, and attractive development contemplated by this section and the city's general plan. 17.16.140 Hillside development review. E. Review process. iii. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious... The Spirit of Innovation and Enterprise As we mature as a City, infill development will maintain our high standards and will complement existing development. Compatibility analysis Feature Fact • Size biggest one on Camino Predero Staff acknowledged this fact 6/1912018 Report • Mass of Building (1-7,000 ft2) • 3 -stories • 2 stories on top of a 3 -car garage • Granny flat • Elevator • Copper roof Only Dwelling with this feature Only Dwelling with this feature Only Dwelling with this feature Only Dwelling with this feature Only Dwelling with this feature Only Dwelling with this feature Page 248 6of7 Alamat City Council Letter 4 "I. -heard -this -be, fbre andiTsay it again; -this .as Red ill;1+au:' alr begirt hire before about one ro eco or, at -that, .and -Irr� reoiate that.. RESPONSEIFACTS: Commissioner Munoz's statement above is very disappointing. It's totally unprofessional and makes me wonder, if you were in my shoes, and you heard this statement coming from a prominent city official, what would your reaction be? "AgprauQl ;o -neighbors an.d....._. t.s.natrequired, " RESPONSE/FACTS: Commissioner Munoz's statement above is inaccurate, General Plan, hand Use, 2. Infrll Development Attention to the design of infill development is essential to ensure that the new development fits in with the established physical context and gains acceptance from surrounding residential. This statement clearly says "gains approval", therefore approval is required. " eir,right to .608--who3hey heedito bur7 +_+theirA_, ea _±Tioriie I RESPONSE/FACTS: Commissioner Munoz's statement above is relates to right to build and dream home. 130111 points address above. Also, Chapter 2 of the General Plan, see below: Land Use Growth Strategy Objective 1. Protection of Established Residential Neighborhoods The City's neighborhoods reflect the history, strength, and character of Rancho Cucamonga and the General Plan continues the City's practice of protecting, maintaining, and enhancing established residential neighborhoods. New development will be required to complement and reinforce the unique character of each neighborhood through sensitive infill projects and transitions in scale of development. Protection of Hillsides. Hillside development is a sensitive issue since it involves the loss of open space, fire protection issues, and can disrupt views of mountainsides. Issues that need to be addressed when considering hillside development include, but are not limited to, views and vistas,.... . Iisiirman LRI'ch: cia.'s S.ta eu entg Please refer to audio tape Time, 1:04:58 and 1:05:38. U{nfor.h mately, .. _, T agree wifh ?t r. _R; &6 elboue ht ciOmments, Hillstdo yuu have -been heri rh ore :and"you will be here again. on that -kind of an -issue it's going to-ho2per� -it is the - atui•e :o hrk it `s doing to happen again Ft's- .ln oto a RESPONSE/FACTS: Chairman Macia's statement above is very disappointing. It's totally unprofessional and makes me wonder, if you were in my shoes, and you heard this statement coming from a Page 249 N Alamat City Council Letter x Page 17of7 prominent city official, the chairman of the PC, saying unfortunately, you'll be back again and again! How is that fair for the residents of Red Hill?? What would your reaction be? "This. cmmmissf®nar.Fw adkvays eah-iproteerive of`an-individual 'spr-"rlty rights andrhe0► LIi Dim= Lze;lheirqvg?jiwie bmfil ofrhetrpro e tom'` RESPONSE/FACTS- Chairman Macia's statement is in conflict with: Land Use Growth Strategy Objective; Appearance and Viability. Infill development can be designed to complement surrounding development, create connected and sociable places, and ultimately increase property values. Keep in mind that this project will have a 180 degrees unobstructed views (even if the building were lowered 10-20 FI) while the neighbors directly behind it will have an obstructed view, thus decreasing the property value of our homes. You can't just be an advocate for one owners property value rights while the other neighbors suffer as a consequence. Page 250 0 City of Rancho Cucamonga Planning Commissioners; October 3, 2018 Attachment 8 Reference: Hillside Design Review DRC2016-00672- Anderson Architecture Based on my research of the relevant and referenced documents herein, I believe that the City of Rancho Cucamonga is not in compliance with a State mandate regarding the implementation of the General Plan. California law requires every city to adopt a comprehensive, long-range plan for its physical development "The General Plan is the foundation for many of the City's regulatory documents, including the Development Code, redevelopment plans, specific plans, community plans, master plans, and design guidelines. The way we evaluate proposed developments and plan for future public services and community projects is guided by the General Plan." As you might come to realize, there is overwhelming evidence that supports the fact that this project (three stories, granny flat, close to 7,000 ft2 dwelling), while it might meet the dimensional requirements of various requirements, it does not fully comply with the requirements of the General Plan, Hillside Ordinance, Development Code, and Camino Predera CC&R. Implementation of the General Plan requires that the Development Code is consistent with the General Plan, this letter will show that it does not. This proposed project is an exact replica of a proposed project on Camino Predera back in 2004. You might recall Mayor then, Mr. Alexander, and Mayor Pro Temp Ms. Dianne Williams, along with other city officials' decisions back in 2004. The city staff has initially approved the project, a resident of Red Hill appealed the decision, and then the case went to the Mayor and City Council for resolution. The City upheld the appeal and denied the project proposal, even with the planning commission approval, mainly because; 1. That the Red Hill area exhibits the distinctive residential character of the early development of the community, and 2. That the proposed design does not enhance, nor continue, the existing residential character of the Red Hill area, and 3. That the proposed design does not fully address the hillside setting of the neighborhood, not the standards and guidelines nor the hillside development ordinance. 4. That the future development of Red Hill should present design features and scale that are in keeping with the historic character of the surrounding area. These same four reasons, in my opinion, still apply today to the proposed project. These past decisions were made in compliance with the General Plan and in concurrence with the Spirit of Tomorrow, one of the seven Guiding Principles. Mr. Alexander and Ms. Williams are both on the city council. I urge you to confer with them regarding this. They both dealt with this issue head on back in 2000 with the Concordia track homes. As clearly stated in the General Plan (Spirit of Tomorrow) we continue to provide a stable City government which respects the decisions of the past .... Guess what, you now have this proposed project, along with other proposals being currently reviewed by the city, along with 10-I2 vacant lots left on Camino Predera. These are the very last lots in Red Hill. Once they are built on, Page 1 of 12 Page 251 it's forever how it's going to be. I know life is not fair, but it's simply not right for people who have way too much money, to forever impact other people's homes and totally wipe out their view of everything but the sky. I absolutely hate that fact that the people who own this lot and all of the neighbors are put right in the middle of this. They have no idea that this has been going on for almost 20 years. We should not collectively have to give up every inch of view and space to benefit someone who in most cases is not even going to live in these homes (the last four big boxes that were built on Camino Predera were sold once and some were sold twice) and are only doing it for the profit. It needs to be VIEW SHARING and not view blocking. If the house is too big for the lot, then they need to either reduce it or not build on it, or build homes that are compatible with the majority of homes on Red Hill, roughly 2,800 ft2. The project architect states it doesn't make sense to build a "tiny" house of 2,800 ft2 and spend what they are spending but it equally makes no sense to have a big block house on a lot designed for 1 house similar in size to all the others on the hill since 1965 forward. It is clear, and undisputed, that minimizing the view obstruction is a hotly contested topic that has not subsided over the years. In addition to view obstruction, protecting the integrity of the historical neighborhoods of long term residents from "Mcklansion" Constructions should be a priority for the city officials. We ask that you address the following issues: 1. Place a stop to this madness and deny approval of this proposed --7,000 ft2 McMansion project as designed 2. Impose a 90 days moratorium on any future development in Red Hill 3. Modify the Development Code accordingly Please call me to discuss further or if you would like to come out to our home and see the view and the potential loss of it, we would love to have you over. Rakan & Maria Alamat 8551 Red Hill Country Club Drive 909.709.9828 Page 2 of 12 Page 252 In addition to the submission of previous letters and supporting documents regarding this proposed project on Camino Predera, I am now submitting factsrevidence that the Staff and City of RC, in my opinion, should not be issuing residential building permits in the Red Hill area. The referenced documents are: 1. The Hillside Ordinance 2. Development Code 3. Camino Predera CC&Rs 4. The 2010 General Plan 5. Compass Strategies 6. Design Review Staff Report Dated 19 June 2018 Please Note: Goals and policies (as defined by the General Plan) set the framework for decisions. They are defined as follows: A goal is an overall assertion of community desires consisting of a broad statement of purpose or direction. For each goal in this General Plan, associated and more definitive policy statements follow. A policy provides guidance to the City Council, Planning Commission, other City commissions and boards, and City staff in their review of development proposals and other actions taken. 1. The Hillside Ordinance, 17.122.020 Hillside Development, section B. Views. Preserve views of significant visual features as seen from both within and outside a hillside development. When designing lots and plotting homes, the following standards and guidelines apply: 1. Standards a. Any significant public vista or view corridor as seen from a secondary collector or major arterial shall be maintained. Finding/Fact; this project clearly doesn't comply with this requirement; the views will not be preserved, and they will be blocked. b. Guidelines Projects should incorporate clustering, variable setbacks, multiple orientations, and other site planning techniques to preserve open spaces, protect natural features, and offer views to residents. Finding/Fact; this project doesn't comply with this requirement; this project offers unobstructed views to the developer but obstructs views to the adjacent neighbors behind the proposed project. D. Architecture 1. Standards c. Detach parts of a dwelling such as a garage Finding/Fact; this project doesn't comply with this requirement; the project calls for a two story dwelling to be built on top of the garage. 2. Guidelines a. The design of the structure shall give consideration to the lot's size and configuration in order to avoid the appearance of overbuilding or crowding and to minimize the blocking of views. Finding/Fact; this project clearly doesn't comply with this requirement; the Staff acknowledges this fact in their June 19, 2018 Report. In fact, this proposed project is going to be the largest dwelling on Camino Predera and it will block views. Page 3 of 12 Page 253 2. The Development Code Title 17 of the Rancho Cucamonga Municipal Code is the City's Development Code. The Code contains regulations that identify the permitted land uses on all parcels in the City through assigned districts, along with applicable use regulations, site development criteria (e.g., lot size, density intensity, yard setbacks, open space, heights, parking, landscaped areas), performance standards, and general design regulations (e.g., site design, building orientation, access, parking areas, landscaping, fencing/screening, Iighting, building design). The Code does not allow development that is not consistent with the Land Use Chapter of the General Plan in terms of allowable Iand use, as shown in the Land Use Map and conformity with the programs and standards of the Land Use Chapter. The review process calls for The Design Review Committee (DRC) to review the project design submittals and make recommendations to the Planning Director based on: i. Design and layout of the proposed development is consistent with the applicable elements of the City's General Plan Finding/Fact; this project clearly doesn't comply with elements of the City's General Plan requirements. ii. The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of neighboring, existing, or future developments Finding/Fact; this project clearly doesn't comply with this requirement; the views and enjoyment of the neighboring dwellings will be affected. iii. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly, and attractive development contemplated by this Section and the General Plan of the City. Finding/Fact; this project clearly doesn't comply with this requirement; the proposed project does not protect nor maintain the already established residential neighborhood. The proposed design does not enhance, nor continue, the existing residential character of the Red Hill area. Ms. Mayor Pro Tem Williams stated back in 2004 "there is a big square box, with no character, no individuality, no creativity, and for some reason, since it's a single family home, and one at a time, we supposedly let the owner build whatever they want. " iv. The design of the proposed development would provide a desirable environment for its occupants and the visiting public as well as its neighbors Finding/Fact; this project clearly doesn't comply with this requirement; the proposed project will not provide a desirable environment for its neighbors. 3. The 1988 recorded CC&R in county of San Bernardino for this area (Track 10035 Lots 1-38) clearly has single home restrictions and view obstruction clauses. Please refer to Sections 2.0 1, 2.04, 2.05, 2.06 and 3.04 of the CC&R (previously submitted). Granted the City of RC does not enforce the CC&R, however, the city has frequently referenced compliance to these CC&R and acknowledged its existence. CC&R's are deed restrictions one agrees to when they purchase the lot. It is my understanding the city building department is supposed to make sure plans in this area comply with the city's rules and any recorded restrictions, like the CC&R. The city planners are more knowledgeable, and should have a duty to advise applicants and their architects to check for CC&Rs. Finding/Fact; this project doesn't comply with some CC&R requirements. Page 4 of 12 Page 254 4. The 2010 General Plait The Rancho Cucamonga General Plan is based on seven Guiding Principles. Each Guiding Principle provides clear direction to policymakers, residents, property owners, business owners, developers, and others interested in improving the quality of life in Rancho Cucamonga. No principle is more important than another; they are all relevant and work together. Every Project it -ill bc° encouraged to enihody and embrace these principlesfor the purpose of developing high- quality, responsible, and _sustainable inrprovements throughout our conintunity. Finding/Fact; this project doesn't comply with five out of seven guiding principles. The SBit-it o the Famil • We encourage the retention, rehabilitation, and development of a diverse housing stock that caters to residents in all stages of their lives. Finding/Fact; this project clearly doesn't comply with this guiding principle; views will be affected and no retention of established neighborhood. The Spirit o Innovation and Enter rise • As we mature as a City, infill development will maintain our high standards and will complement existing development. Finding/Fact; this project clearly doesn't comply with this guiding principle; this project does not complement existing development. The proposed design does not enhance, nor continue, the existing residential character of the Red Hill area. This is probably the only three stories McMansion with a granny flat and close to 7,000 ft2 on Camino Predera. The S iris o Herita e • We have an abiding respect for the heritage we share. Our historic communities- Alta Loma, Cucamonga, and Etiwanda- are at the heart of our City and must be preserved, honored, and enhanced. Finding/Fact; this project clearly doesn't comply with this guiding principle; this colossal project does not belong in Red Hill. • Our outstanding views of the mountains, the varied natural topography of the area, and the trails that allow us to access these open spaces are assets and must be preserved. Finding/Fact; this project clearly doesn't comply with this guiding principle; open spaces/views will be affected. The Spirit ofLeadershin • We promote sustainable neighborhood and building design. Finding/Fact; this project clearly doesn't comply with this guiding principle; the proposed design of this project will result in the largest dwelling in size and scope in the neighborhood. The Kirit of Tomorrow • We are proactive in the design and use of lands within our Sphere of Influence, being vigilant in maintaining open space wherever possible. Finding/Fact; this project clearly doesn't comply with this guiding principle; open spaces/views will be affected. Page 5 of 12 Page 255 • We continue to provide a stable City government which respects the decisions of the past while being committed to long-range planning initiatives and the positive impacts of future development. Finding/Fact; this project clearly doesn't comply with this guiding principle; please refer to the 2004 City decision. There are also numerous standards, references, policies that specifically call for the retention and preservation of views, and in one section calls for the acceptance of the existing neighbors. A few examples; • Design of infill development is essential to ensure that the new development fits in with the established physical context and gains acceptance from surrounding residential neighborhoods. Finding/Fact; this project clearly doesn't comply with this requirement; the surrounding neighbors are not happy about this view obstructions. + New infill development should be planned to be complementary with surrounding development and to minimize impacts. Finding/Fact; this project clearly doesn't comply with this requirement; it does not complement the neighborhood and it has serious impact on the views as seen from the neighbors behind this proposed project. • Issues that need to be addressed when considering hillside development include, but are not limited to, views and vistas, Finding/Fact; this project clearly doesn't comply with this requirement; views will be affected. General Design Principles The principles for achieving this overall objective include the following: • Designers should not view their project singularly, but as part of a larger master plan area in which they are responsible for design continuity and compatibility. Finding/Fact; this project and the architect clearly don't comply with this requirement; the proposed project design is unique and not compatible with the neighborhood. + New developments should acknowledge the positive aspects of nearby existing buildings by incorporating compatible features. Finding/Fact; this project clearly doesn't comply with this requirement; there are no compatible features especially in size and scope. • Architectural styles should complement and augment surrounding development. They should convey a sense of thoughtfulness and not expediency. Finding/Fact; this project clearly doesn't comply with this requirement; the architect of this project wasn't receptive to our concerns and didn't convey any sense of thoughtfulness. • Building elevations should give equal attention to architectural detail and interest on all faces, including the rear. Finding/Fact; this project clearly doesn't comply with this requirement; the rear views of this proposed project will be affected. Page 6 of 12 Page 256 Chapter 2 Managing Land Use "Preservation of historic resources has allowed Rancho Cucamonga to retain its rich culture and heritage while facing growing and expanding development. The City is committed to preserving and developing aspects of the community that provide a sense of its origin and history." Laird Use Rancho Cucamonga, vacant land has become a scarce resource. Land use decisions must be carefully crafted to protect established residential neighborhoods and plan for appropriate infill development while connecting land uses and transportation modes. These key objectives provide the framework for the City's Iand use strategies. Laird Use Growth Strategy The land use growth strategy will focus on the following three objectives; 1. Protection of Established Residential Nei Irborhoods The City's neighborhoods reflect the history, strength, and character of Rancho Cucamonga and the General PIan continues the City's practice of protecting, maintaining, and enhancing established residential neighborhoods. New development brill be required to complement and reinforce the unique character of each neighbor -hood through sensitive infill projects and transitions in scale of development. Finding/Fact; this project clearly doesn't comply with this strategy; the proposed project does not protect nor maintain the already established residential neighborhood. Ms. Mayor Pro Tem Williams stated back in 2004 "there is a big square box, with no character, no individuality, no creativity, and for some reason, since it's a single family home, and one at a time, we supposedly let the owner build whatever they want. 2. Infill Development Attention to the design of infill development is essential to ensure that the new development fits in with the established physical context and gains acceptance nom snn-rormdirn residential neighborhoods. A cooperative partnership between government, the development community, neighborhood organizations, and other resources is essential to achieve infill success. Finding/Fact; this project clearly doesn't comply with this requirement; most of the neighbors are not on board with the proposed project, mainly the view obstructions and the size of the dwelling. • Responds to the Needs of the Communitv. Infill can contribute to unmet economic, social, or civic needs in the community. Through sensitive design, infill can introduce netts. development into the community and achieve a balanced prix of ivell-designed housing types, sizes, acrd prices for all income levels, in combination with a variety of commercial andror civic and cultural uses. Finding/Fact; this project clearly doesn't comply with the needs of the community; this proposed dwelling is going to be the largest dwelling on Camino Predera. Appearance and Viability. Infill development can be designed to complement sin -rounding development, create connected and sociable places, and ultimately increase property vahres. Infill development can address gaps in the existing community structure, provide for continuity and enclosure of the streetscape, and add elements that give a place definition and security. Page 7 of 12 Page 257 Finding/Fact; this project clearly doesn't comply with this requirement; it will not compliment the surrounding development, it's going to stand out as the largest dwelling on Camino Predera. It will dwarf the dwelling to its west and it will have direct (negative impact) on the surrounding dwellings property values. A house with obstructive views is not worth as much as a house without obstructions. Kev Land Use Issries, Protecting Established, Stable Residential Neighborhoods. Rancho Cucamonga's stable residential neighborhoods are an asset to the community. While proposed development in and around predominantly single -unit residential neighborhoods needs to be carefully evaluated, it is also important to recognize that some land use compatibility issues can be addressed through proper design. Transitions between single -unit residential and more intensive uses are inevitable, and new development will incorporate strategies and measures that will continue to protect single- unit residential neighborhoods. Finding/Fact; this project clearly doesn't comply with this requirement; the project is not compatible in size nor will it protect the character of the residential units around it. Infill Development. Rancho Cucamonga will be encouraging development of vacant or underutilized land located in the built-up areas of the City. Any new infill development should be planned to be comrplernentary with surrounding development and to mininrice impacts. Finding/Fact; this project clearly doesn't comply with this requirement; this project is not complementary to the existing neighbors and does not minimize the impact of view loss to the surrounding neighbors. Pr-otection ol'Hillsides. Hillside development is a sensitive issue since it involves the loss of open space, fire protection issues, and can disrupt viers of mountainsides. Issues that need to be addressed when considering hillside development inchide, but are not limited to, views and vistas, fire safety, excessive grading and scarring of land, and habitat protection. Finding/Fact; this project clearly doesn't comply with this requirement; there will be loss and disruption of views. Laird Use Goals and Policies Policy LU -2.4: Promote complenientaU in ill develo nrerrt rehabilitation and ie -use that contribute Positivelv to the surroundine residential neitzhborhood areas. Discussion: The General Plan encourages the development of vacant residential lots where they are largely surrounded by other residential development to maximize efficient use of existing infrastructure and to meet housing demand. Land use controls that inchlde development standards it -ill ensure that infill development is compatible with neighboring arses. Finding/Fact; this project clearly doesn't comply with this policy requirement; the proposed design, size and scope is not compatible with existing neighbors. Page 8 of 12 Page 258 L01 Policy LU -8.6: Require that hillside developinent minimize alterations of natural landforins, and encourage chistering where feasible to retain marinnun open space. Discussion: The City seeks hillside development that limits the extent of grading alterations to natural landforms, and provides for innovative design and arrangement of building sites that retain significant natural habitats and features. Clustering is a way of laying out a project whereby the structures are "clustered" together and open space is shared by the residents. Finding/Fact; this project clearly doesn't comply with this policy requirement; the proposed project will have unobstructed 180 degrees view, while the neighbors behind will be adversely impacted. The key work is VIEW SHARING not view obstruction. Policy LU -8.7: Blend hillside development with natural surroundings through architecture and the use of appropriate construction materials, colons, and natural vegetation. Discussion: Building designs can accommodate the natural terrain by incorporating split pads or stepped footings, or by detaching part of the dwelling such as the garage. Building massing, height, and roof design are also important elements in preserving the character of the hillside. Finding/Fact; this project doesn't comply with this policy requirement; the project calls for a two story dwelling to be built on top of the garage instead of detaching the garage, thus not preserving the character of Red Hill. Policy LU -8.10: Hillside development shall be controlled by customized regulations. Discussion: Public safety and aesthetic implications for the limited hillside terrain in our City require special design attention. Moreover, particularly in the Sphere of Influence area, the visual impact of development on the rest of our community is substantial. Consequently, we will maintain and apply stringent hillside development standards. Finding/Fact; this project doesn't comply with this policy requirement; the proposed project will have a visual impact on its neighbors. Policy LU -9.1: Preserve and enhance the special qualities of existing districts and neighborhoods through focused attention on land use, community design, and economic development. Discussion: Rancho Cucamonga has distinguishable districts and neighborhoods that either evolved historically around agriculture, have been more recently master planned, or have been encouraged to develop as a concentration of uses such as the industrial area of the City. The City's intent is to maintain the integrity of these districts or neighborhoods Lis they continue to age over tinte. Therefore, the City seeks compatible infill development or redevelopment where necessary, preservation of historic resources, implementation of 'a streetscape design that reinforces the established image or theme, and focused attentions on the economic viability and sustainability of these districts and neighborhoods. Finding/Fact; this project doesn't comply with this policy requirement; the proposed project is not compatible with the existing character of dwellings. Page 9 of 12 Page 259 Ee Policy LU -13.1: On north -south roadways, open space corridors, and other locations where there are views of scenic resources, trees, and structures, encourage fi-aming and orientation of such views at key locations, and endeavor to keep obstruction of views to a mininrunr. Discussion: Scenic resources include the San Gabriel Mountains and foothills, long vistas of the Cityfi-onr hillside areas, and other views of special vegetation or permanent open space lands. Project-Ievel site planning, landscape design, placement of signs and other human -made features must consider the inrpact.s upon vietts front roadways and through a project .site to the foothills, valley vistas, or other scenic resources. The City's desire is to see the `framing"of views through new development, not obstruction. This may be accomplished through the clustering of trees or Structures, selection of landscape materials, or the building orientation and footprint. Finding/Fact; this project doesn't comply with this policy requirement; the proposed project will result in view obstructions to the neighbors behind, in addition the footprint can also be modified accordingly. 5. Compass Strate_eies General Plan Update Goals and Policies A number of goals and policies in the proposed 2010 General Plan Update address protection of the City's residential neighborhoods and other desirable land uses. Implementation of these goals and policies and their corresponding implementation actions would reduce impacts on land use and planning. GOAL LU -1: Ensure established residential neighborhoods are preserved and protected, and local and community -serving commercial and community facilities meet the needs of residents. Finding/Fact; this project clearly doesn't comply with this goal; the proposed project does not compliment the already established surrounding residential neighborhood. Ms. Mayor Pro Tem Williams stated back in 2004 "there is a big square box, with no character, no individuality, no creativity, and for some reason, since it's a single family home, and one at a time, we supposedly let the owner build whatever they want. " GOAL LU -2: Facilitate sustainable and attractive infill development that complements surrounding neighborhoods and is accessible to pedestrians, bicycles, transit, and automobiles. Finding/Fact; this project clearly doesn't comply with this goal; 1. The Red Hill area exhibits the distinctive residential character of the early development of the community, and 2. The proposed design does not enhance, nor continue, the existing residential character of the Red Hill area, and 3. The proposed design does not fully address the hillside setting of the neighborhood, not the standards and guidelines nor the hillside development ordinance. 4. The future development of Red Hill should present design features and scale that are in keeping with the historic character of the surrounding area. Page 10 of 12 Page 260 c� o The 12iMosed 2010 General Plait Update reflects each principle of the Compass Blueprint program as follows: • Preserving existing open space and stable residential areas. The proposed Land Use Plan preserves the City's residential areas, where no land use changes are proposed or expected. Also, open space areas (Hillside Residential, Conservation, Open Space and Flood Control., -'Utility Corridor) are designated to have limited or no development to protect them from urban development. Finding/Fact; this project clearly doesn't comply with this Compass Strategy; the proposed project will have an impact on open spaces development in the Hillside area. In addition to the Compass strategies, the following "Regional Growth Principles" from the 2004 Compass Blueprint Growth Vision Report provide a framework for local and regional decision making that improves the quality of life for all SCAG residents. Table 4.10-4 identifies applicable principles and states how the proposed 2010 General Plan Update will support these principles. TABLE 4.10-4 2004 COMPASS BLUEPRINT GROWTH VISION REPORT CONSISTENCY TABLE 2: Foster livability in all communities GV P2.4. Support the preservation of stable, single family neighborhoods. Proposed 2010 General Plan Update Consistency Consistent: Goal LU -1 of the Land Use, Community Design, and Historic Resources Chapter calls for the preservation and protection of established residential neighborhoods. Finding/Fact; this project clearly doesn't comply with this goal; the project is not compatible in size nor will it protect the character of the residential units around it. 6. Sta/fDesizn Review Comments, dated June 19, 2018 regarding this project. I believe that there are numerous incorrect facts stated in this report, not sure if the Staff made the mistakes or if the Staff based their info on the architect's notes. Page I last paragraph- which continues to page 2- "The size of the residence is in keeping with homes constructed along Camino Predera. The homes on the north side prior to the year 2000 avg approximately 2,400 ft2 in size. Since the year 2000, the homes on Camino Predera have been larger, ranging in size between 3,628 ft2 to 4,896 ft2. The overall size of the proposed residence is larger than previously approved sizes." Mistakes/Corrections; a. The staff acknowledges that overall size of the proposed residence is larger than previously approved sizes. Correction/ should be - the residence is NOT [seeping with the homes constructed along Camino Predera. b. The proposed design is therefore not compatible with existing buildings. c. Sizes prior to year 2000 Staff numbers avg 2,400 ft2 Page 11 of 12 Page 261 X Correction -should be avg 1,604 ft2 d. Sizes after year 2000 Staff numbers 3,628 to 4,896 ft2 Correction- should be 2,791 to 4,027 ft2 Here is a close look at the adjacent dwelling sizes when compared with the proposed dwelling; North dwelling West dwelling Proposed dwelling East dwelling 2,123 ft2 2,608 ft2 (6,175 + 673) ft2 3,212 ft2 Page 4- Neighborhood Meeting The overarching concern raised was the potential view loss created by the height and size of the proposed residence. The existing residents stated their concerns were driven by the newer residences along Camino Predera that were not in keeping with the intent of the Hillside Overly District and with the older residences in the area. Observation- the Staff failed to even reference that the view loss is a major/minor concern Staff Comments - Staff is in support of this project_ It meets the Development Code and the Hillside Design Standard and Guidelines. Limit view obstructions as seen from the adjacent residences. Question: HOW? Staff comment - The proposed design reduces the height of the main residences to just over 30 feet above the height of the adjacent grades. Correction should be LESS not over. If it's over then it's not in compliance. Staff comment -The residence also reduces bulk. Correction, should be, to reduce bulk Development Code suggests a detached garage. Staff comment- the proposed design is in keeping with the most recent residences constructed. Correction, the staff already acknowledged that the proposed project size is larger than previously approved sizes. Major issues: None Correction - should be View Loss Secondary Issues: None Correction - should be View Loss Page 12 of 12 Page 262 Q Alamat City Council Letter October 31, 2018 Parc Jlof7 Subject: Planning Commission Approval - Hillside Design Review DRC2016-00672 — Andersen Architecture Dear Council City Members: Please read/review: 1. The October 10, 2018 Planning Commission (PC) audio tape/transcript, discussion section pertaining to referenced subject. It should have a major impact on your determination. 2. Please refer to Alamat Notes dated 10/3/2018 (attached) which was also included in the planning commission packet for a detailed analysis of the noncompliance issues. That letter clearly detailed why the project does not fully comply with; • General Plan • Hillside Development Ordinance • Development Code • CC&R • Past City Council Decisions/Resolutions • Goals and policies of the General Plan NOTE: To this date, the City has not responded to my letter. I am now writing to you to detail the following items: 1. Failure of PC Members the PC members, in my opinion, have failed to recognize important factors/rules/interpretations of the above referenced documents in their approval of the subject project. 2. PC Biased Decision it's my belief that, at least two members of the planning commission, including, the chairman, have already made up their decision even prior to the PC public hearing. Perception is reality to me, when you hear the following statements being said during the public hearing; "Red Hill, you've been here before you probably be back again" "I heard this before and I say it aizain, this is Red Hillyou've all been here before about one proiect or another. I get that, and I appreciate that... " "Hillside you have been here before and you will be here a ain on that kind of an issue it's going to happen, it is the nature of the hill, it's going to happen again, it's going to happen again. " Page 263 P-.411. 12of7 Alamat City Council Letter These statements are referring to the chronic issue that plagued the City of RC for the loss of views during many infill developments at the Hill, since 2000. Unfortunately, I look at these members as part of the problem and not the solution in Red Hill; we look for leaders to implement the city of RC vision of Healthy RC. The actions of these members also showed lack of respect for the sufferings that the Residents in Red Hill have been enduring since 2000. This is not a laughing matter, people's dreams and way of life will be forever impacted based on decisions made by the planning commission members. These are prominent city officials that the City Council has appointed. We look to them for leadership roles to help guide the city to be in compliance with a State Mandate to follow the General Plan. They are aware of this issue, which affects many lives of the Red Hill area neighbors, for many years, what's their response? "Unfortunately, It's the nature of the hill", "you've been here before and will be back again and again," the chairman of the PC said that. One of the PC roles is to make recommendations to the City Council regarding amendments to the General plan, and the Development Code. Why didn't they recommend any amendments? Why make us suffer? Why make future infill development applicants suffer? It's obvious from their statements and actions, which all future Hillside projects will be, handled the same sorry way. We had to pay $2,793 fee to file an appeal for this project. We most likely would not have had to pay that fee, or better yet, not be in this situation, if the PC members were doing their role; this issue of view loss has been going on for a long time. Isn't time, to once and for all, deal with this issue? If not, then the city of RC is not in compliance with the State of CA Mandate with regards to the General Plan as addressed by my 10/03/2018 letter. I may go a step further and suggest changing the language in all documents that references, Guiding Spirits, unique characters, preserving views, heritage, Chapter 2 Land Use Objectives, the list goes on and on. This is truly very disappointing. Please read/review this information and know that we are not opposed to compatible infill development in Red Hill, we are opposed to incompatible development having the bulk and massive scale (biggest building on Camino Predera) that fails to incorporate neighborhood compatibility and reasonable view SHARING as key design considerations for this very unique hillside community. We will look forward to meeting with all of you Wednesday November 7`h, 2018. PS Please read the following pages (total 7 pages) that duaii the above two sections together, mainly, the audio transcript of the October 10, 2018 PC discussion section. Thank You, Rakan Alamat 8551 Red Hill Country Club Drive Rancho Cucamonga, CA 91730 Page 264 Page 13of7 Alamat City Council Letter Failure of PC Members/ PC Biased Decision ;omrsi!oi on .1[S -o's tate Please refer to audio tape Time, 53:43 I.ThFs+is-&„it .sityarffo&f -the semeths , ,you kasw-these pea�le 6ulfd ng7theerr. fomean&tdt e.saMetifngA.sans iv e_c�ei ## orts gmund.them ...� RESPONSE/FACTS: You might hear or have heard that the new clients are building their dream home. This could be the case, however, the track record of the last four mammoth new homes that were built on Camino Predera were all sold shortly after they were built. Address YR Built YRSold, YRSold anain 8062 2006 2012 2013 8054 2009 2015 2016 8044 2007 2017 8034 2008 2013 We, also the homeowners of 10, 20, 30, and 40 years of Red Hill have been living in our dream -homes, and we continue to live the dream! The neighborhood was built with care and concern and one look at the old neighborhood clearly concern for all was of utmost concern and the houses were built with view sharing ... most around 2600-2800 sq. Ft .... not —&7,000 plus. . CoMMJNsionVX LOU Xafiioz's sfatezfi PIease refer to audio tape Time, 59:00, 59:20, 59:52, 1:00:09, 1:00:26, and 1:04:09. ".. I knom, rhat we've said it be}are, at lea' T as 1nxr,- a f -have been here a do'zan. - yeam pn.t�rlJ ggmmissior qhs ai aes�not otect ui s, eve dare.' icic x�ir rens ar RESPONSENACTS: Commissioner Munoz, in my opinion, with all due respect, is incorrect; there are numerous requirements by the Development Code to preserve views, few examples; 17.120.030 Building Design 2. Guidelines r. "The height and bulk of the building shall not unduly „block views and solar access of adjacent and other nearby buildings." 17.120.010 Purpose "The structure and its relationship to other structures, uses, views, existing site condition, and pedestrian orientation should be the dominant factors in the design and orientation of buildings. Page 265 Pa . t 14of7 Alamat City Council Letter 17.122.040 Foothill Blvd. C.5. Views...."the critical requirement is that view opportunities be recognized and enhanced and that all proposed developments be designed to preserve and protect the desired view." 17.120.020 Site Plan Design F.2. Guidelines "...Minimize disruptions of existing ....and views" 17.122.010 Residential Development D.2. g "orient the building to focus on good views" 17.48.010 Purpose The purpose of this chapter to regulate the height and location of fences to provide Iight, air, and privacy without obstructing views, Fencing ..."to enhance views". Free standing garage shall be located so they do not disturb the primary view. .2. ":7n#' pret the code ln-rnanyway that, 'there .itrertwo;tiiraysfito look *rws xou�ao 1 "nte t tete _cade:in digrent;wa s..'{ - - — RESPONSE/FACTS: Commissioner Munoz, in my opinion again, with all due respect, is incorrect. The Development Code is very clear on the definition of "SHALL", Rules of Intemretation of the Development Code, 17.06.072 B. Terminology. The following rules apply to all provisions in this code: 1. Language. The words "shall," "will," "is to," and "are to" and similar words and phrases are always mandatory. "Should" is not mandatory but is strongly recommended, and "may" is permissive. "Views shall be maintained", "views shall be preserved", both arc thus mandatory per the Development Code. In a court of law, the legal definition of "shall", in the Development Code, is very clear. This is the intent of the development code; you can't interpret that in two ways. 3- I frari7cly, d6n-!-tM1n 4t -'s the. ---& w -looking, we are: 6lga g- boyrvrivate 'o -Nr someone Baas the . ht to de to nn 1f e r ate:r _ erV, " RESPONSE/FACTS: Commissioner Munoz, in my opinion again, with all due respect, is incorrect. There are limitations, restrictions, General Plan goals and policies that the private land owner has to comply with, especially of a Hillside. Commissioner Munoz failed to fully recognize the importance of Compatibility requirements of the General Plan, Development Code. and Hillside Ordinance. Few examples. Page 266 V 5 of 7 AIamat City Council Letter General Design Principles: New developments should acknowledge the positive aspects of nearby existing buildings by incorporating compatible features. GOAL LU -9: Foster a cohesive, healthy community through appropriate patterns and scales of development, including complementary transitions between districts, neighborhoods, and land uses. Discussion: Therefore, the City seeks compatible infill development .... Policy LU -9.4: Ensure that infill development is sensitive and compatible with the design and scale of all adjacent historic properties. Discussion: The best way is to create infill development that is sensitive to and inspired by the existing conditions. This includes materials, scale, and massing. 17.16.040 Home occupation permit. A. Purpose. The requirement of a home occupation permit ensures that home occupations in residential neighborhoods are compatible with the surrounding neighborhood character I7.20.040 Design review. 3. Design review committee. iii. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly, and attractive development contemplated by this section and the city's general plan. 17.16.140 Hillside development review. E. Review process. iii. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious... The Spirit of Innovation and Enterprise As we mature as a City, infill development will maintain our high standards and will complement existing development. Compatibility analysis Feature Fact • Size biggest one on Camino Predero Staff acknowledged this fact 6/1912018 Report • Mass of Building (1-7,000 ft2) • 3 -stories • 2 stories on top of a 3 -car garage • Granny flat • Elevator • Copper roof Only Dwelling with this feature Only Dwelling with this feature Only Dwelling with this feature Only Dwelling with this feature Only Dwelling with this feature Only Dwelling with this feature Page 267 6of7 Alamat City Council Letter 4 "I. -heard -this -be, fbre andiTsay it again; -this .as Red ill;1+au:' alr begirt hire before about one ro eco or, at -that, .and -Irr� reoiate that.. RESPONSEIFACTS: Commissioner Munoz's statement above is very disappointing. It's totally unprofessional and makes me wonder, if you were in my shoes, and you heard this statement coming from a prominent city official, what would your reaction be? "AgprauQl ;o -neighbors an.d....._. t.s.natrequired, " RESPONSE/FACTS: Commissioner Munoz's statement above is inaccurate, General Plan, hand Use, 2. Infrll Development Attention to the design of infill development is essential to ensure that the new development fits in with the established physical context and gains acceptance from surrounding residential. This statement clearly says "gains approval", therefore approval is required. " eir,right to .608--who3hey heedito bur7 +_+theirA_, ea _±Tioriie I RESPONSE/FACTS: Commissioner Munoz's statement above is relates to right to build and dream home. 130111 points address above. Also, Chapter 2 of the General Plan, see below: Land Use Growth Strategy Objective 1. Protection of Established Residential Neighborhoods The City's neighborhoods reflect the history, strength, and character of Rancho Cucamonga and the General Plan continues the City's practice of protecting, maintaining, and enhancing established residential neighborhoods. New development will be required to complement and reinforce the unique character of each neighborhood through sensitive infill projects and transitions in scale of development. Protection of Hillsides. Hillside development is a sensitive issue since it involves the loss of open space, fire protection issues, and can disrupt views of mountainsides. Issues that need to be addressed when considering hillside development include, but are not limited to, views and vistas,.... . Iisiirman LRI'ch: cia.'s S.ta eu entg Please refer to audio tape Time, 1:04:58 and 1:05:38. U{nfor.h mately, .. _, T agree wifh ?t r. _R; &6 elboue ht ciOmments, Hillstdo yuu have -been heri rh ore :and"you will be here again. on that -kind of an -issue it's going to-ho2per� -it is the - atui•e :o hrk it `s doing to happen again Ft's- .ln oto a RESPONSE/FACTS: Chairman Macia's statement above is very disappointing. It's totally unprofessional and makes me wonder, if you were in my shoes, and you heard this statement coming from a Page 268 N Alamat City Council Letter x Page 17of7 prominent city official, the chairman of the PC, saying unfortunately, you'll be back again and again! How is that fair for the residents of Red Hill?? What would your reaction be? "This. cmmmissf®nar.Fw adkvays eah-iproteerive of`an-individual 'spr-"rlty rights andrhe0► LIi Dim= Lze;lheirqvg?jiwie bmfil ofrhetrpro e tom'` RESPONSE/FACTS- Chairman Macia's statement is in conflict with: Land Use Growth Strategy Objective; Appearance and Viability. Infill development can be designed to complement surrounding development, create connected and sociable places, and ultimately increase property values. Keep in mind that this project will have a 180 degrees unobstructed views (even if the building were lowered 10-20 FI) while the neighbors directly behind it will have an obstructed view, thus decreasing the property value of our homes. You can't just be an advocate for one owners property value rights while the other neighbors suffer as a consequence. Page 269 —t i—I iCFl rQ u Attachment 9 t i i Mo i UJI:NCS MIM Page 270 e a r• - �T,7-.. -- �� —t i—I iCFl rQ u Attachment 9 t i i Mo i UJI:NCS MIM Page 270 1111111 1�1I1 JI1� �i - IM RM, nur ■�1 �cr�v I I �' ► i I�I tl�I it ■ ;I. 11=II=�l=1 �r l U-11: I d=,l ii=i�5i[i 1=11"11 �[I r 11=�I=11= 1 IM -11=11 - r1=g III { l'[I�1G-�II [ = R TM, 10 1' ■ �. �- 0�= IC room 1-:lF you t+l n H L d Wvl�»F'+�+Hvb++nls l wir;ir Page 271 ar iF+C +471 �'+nc 11 X272 I I' TF 0 a I 'I""""' Page 273 ti y w W a a � C. .ra C3 t TF 0 a I 'I""""' Page 273 two SAW 01 CY IV AV -j 11-1 q: } " r "'na 3274 s�,1 :fZC►+.� sir ,,7,,,,tim:n. Attachment 10 CITY OF RANCHO CUCAMONGA (0 JUS 11 2018 RECEIVER - PLANNING RECORDING REQUESTED BY: First Acrarican Title Ccopanr WHEN F ECORDED MAIL TO: Firsr &IRerlefinTitle-Go- 323 Court Street _ San Bernardino CA 92401 Atm. Sheila Glass. 94540 5 Rscsrded in official Rocarda. County or San Barnardlno, tarry Valker, RecarCM:' Doc No. 20000084209 08;00am 03/14/00 First brim Bile 8 101 �©Old -rim` LZl® +' IVIMIMPOTHR THIS CERTIFICATE OF UNANIMOUS CONSENT OF ARCHITECTURAL AND LANDSCAPE COMMITTEE ('Certlfics!ta') is hereby made as of Ihls _fith_ day of March, 2000, with reference to the fallowing, A_ The undersigned constitute all of Ih© members of the Archilectursl and Landscape Commlttee (the 'Commlttee") established pursuant to Sect:on 5.01 of that certain Declaration of Covenants. Conditions and Restrictions and Reservation of Easements for Tract No. 10035, City of Rancho Cucamonga, County of San Bernardino, State of California, recorded (0 on August 31, 1988, as instrument No. 88-291661, in the Official Records of San Bernardino County. California {the "Declaration"), as appointed by the owner of the majority of lots within the property cornered by the Declaration. B. Pursuant to Sect --on 5.07 of the Deciaraton, the Comm'rttea has approvtd, by unan,mous consent. a variance from those certain bu,ldxrg height restrictions established in Section 2.04 of the of the Dedaratlon_ NOW, THEREFORE, the Committee, by Its execution below, hereby certifies as fclfows 1. The reference in Section 2,04 of the Declaration with respect to the maximum roof height of structures on Lots 1 to 21, inclusive, is hereby deleted. The owner of such Lots 1 to 21, Inclusive, shall not be subject to any roof, structure, or bui ding height limitation, provided that any structure to be constricted on any such Lots) complies with the requirements of the City of Rancho Cucamonga. 2. The foregoing variance to lF.e restrictions set forth in the Declaration has been unan,mously approved by the members of the Committee. IN WITNESS WHEREOF, the members of the Committee have executed this Cer,ifcale as of the date first above written. Ira �, 1L'71T rN r'r rr1°nr�hn�111Y r P ;i 1l�rH'.: Rte 5 111151r1,n: PL; In at L,• ru:ar1Ea " ,11{Tlr� ftil.6t t r a . 0. B gNARDIN0,C:1 i'rinte,l an 10 18 22nd 6 12.00:115 f NI Doculncnl DR 2000.84209 EXHIBIT K E4—Pg29 Page 275 MuMaln Assacf_tes, L.P., a W-thington limited partnership B) : Polygon Lands. Inc., a Washington corporatran, its general partner By: - G.F. Ledwith, Vice President MacMuln Associates, L.P,, a Washington Ilmked partnership B; ; Polygon Lands, Inc, a Washington corporation, its generqAP it:e*in 41acMaln Associates, L.P., a Washington limited ptirtnershlp By, Polygon Lands. Inc., a Washington corporaticn, its general pertncr B_v: L.W. Born, Sccrclnry Trrasttrer 3163"17978r1 S ; 131:f'.;:,1i;flff`:fJ.0 1 IF{7r: 2 at PrI ° 2016 12 (0, l . P., I E4—Pg34 Q.� Page 276 (Cj Id :OU111} WAlSI'M471W STATE OF GAMF61RHiA ) }55 COUNTY OF On tsaarh fi 2000, before me, the undersigned, a Notary Public In and for said Counly and State, personally appeared George F. I:AOWith personalty known to me (or proved to ma on the basis of satisfactory evidence) to be the person(sLwhose names} istarp subscribed to the within instrument and acknow:edged to me - that hehheR"- executed the some In hislhed0teir authorized capacity(ie . and that by h s&,w4tl;elr signature*an the Instrument the personj&}ror the entity upon behalf of which the personfaj-acted, executed the within instrument. WITNESS my hand and official seal, Notary - Rathr+m L. S ton r ;U a at Votary Public in and for the State of Washington �. 1- gn: z I Residirg in Skaoit CoLmty[tC t'i' Co*Lraissic�.,L�rE�x��p�i+r�e�s�: 5-9•-2002 rr'•r• � tv'�SFMCIT7tt STATE OF GAMPgRNIA ) .......... )5s. COUNTY OFI'' ) On marrh a , 2000, before me, the undersigned, a Notary Public In and fcr said County and Stale, personalty appeared uir-r�.� n___p; rt personally known to me (or proved Io me on the bests of satisfactory evidence) to he the per;on*whose names} islsse subscribed to the within instrument and acknowledged to me that InBk AM5l executed the same in h'Ls rill i► authorized capacily,(0-*, and that by his.4e444& s'gnature(s) on the instrument the person(a), or the entity upon behalf of which the person(r+acted, examded Ute within lnwrument. WITNESS my hand and official seal. Notary b`ic -Kathryn L. Sutton " rd`)P.;R Rotary Public in and for the State of Waddrgton P.esiding in Skagit Cmmty i v• a11C Pv Cc missi= bcpir s: 5-9-2002 4. 31"".L -Mo SAN iIN"t-%PDINO,CA Pa—. i of Print:d on 10 19 1016 1?:09,Ij P1f DR 2000.84120 E4-Pg31 Page 277 STATE OF SAS ^"r-,�.,O� } } ss. COUNTY OF On Earth 6 , 2000• before me, the undersigned, a Notary Public in and for said County and State, personally appeared Lloyd W. Born personally krw•Nn to me (or proved to me on the basis of satisfactory evidence) to be the personfo whose name(a) is'am subscribed to the within instrument and acknonrtedgod to me that hekAa4h%L executed the same In his help authorized capacity "r , and that by h;sEherr'!kei+%signature(s} on the instrument the person(i), or the entity upon behalf of whi--h the person(s.}.acted, executed the within instrument. WITNESS my hand and official seal. t �&i , N tary Pu lic - Notary Public in aM for Static of Washirgton Pesidirg in Skagit County My Wlnission t�csirca: 5-5-2002 f,i; , I,; :S�I;luJ SAN RERNARDl? OS:A pw'-.- .1 or -1 1'ri!k14:J cn lti 18 20M 12.015 PM D�-11r11::-1;: DIti E4—Pg32 LM o; Page 278 �O ACU SAN BERNARDI\O,CA Documem: ISR 19SS.291661 RFC'CPD6D X.AIL TO: Rancho A5SOCIaCe5, Ltd. P.O. E3nr. 7M;-311 Rancho Cucar.onga, CA S1701 , �r•I vC�s �• - a ��� �1 T Declarant 2 1.07 Declaration 2 1.05 Duelling Unit 2 1.06 E J.1166 i RECO MDEO ;+r C'rF'. - ru o T1.FeLL OF CO!,TE ITS OF DECL%RATIo:i OF COVENANTS, CONDITIONS AM RF.STRIC'rmis AND RF:SERVATIWI OF F.ASFME''ITS FOR TRACT 2I0. 10035 CITY OF RANCHO C[iCAMO!IGA, ARTICLE I DFFINIT iO!I5 1.01 Conmittee i 1.02 Close of Escrow 1 1.03 Declarant 2 1.07 Declaration 2 1.05 Duelling Unit 2 1.06 Family 2 1.07 Ir.prevenent 2 1.08 !or- 2 1.09 Mortgage 2 1.10 Mat tgagee 2 1.11 owner 2 1.12 Person '- 1.13 Projects 3 1.14 Record or Filed 3 1.15 Street 3 ARTICLE 11 U5: R =19=0 S 2.02 Buildings ?.Cl Sicrns 2.05 Nuisance 5 2.07 Antennae 2.08 Anir..ai and Insect Restriction 5 2.09 vehicles 6 2.10 Business or Co-:rercial Activity 6 im I'nue 1 of Is 1'rinted on 10,18-2016 11:34:24 Ali E4--Pg33 Page 279 ::k ' 88-291661 Om I� SAN BE:RNARDI\0,C':1 11.we 2 of` i S Primed on 10'1 S-2016 l 1.31_'4 ANI DOCUtllcnt: DR 19SS 291GG1 o;� 010 E4--Pg34 Page 280 2..11 Trash 6 2. 12 1.c lfazardous Activities 7 2,13 No Mining and Grillingy 7 2.14 Furt!rer Subdivision 7 2.15 ;;iter and Se.vr 'iyr.L,-s 7 2.16 Drainage 7 2.17 Solar Energy Ijk!1Lallaticnr g ni�:ICLx' III F,�:iL`:i_7}�.�.+•CitO%t��.:.F•F?j_� 3.01 Utility EaSOronts � 3.02 Access to 51opes and Drainage 3.03 Slope Maintenance 3.04 Sight Lines y AFTIC.F I'. _L_'.! _:tiC::_E'-j.'tj__.'�.IG:.T[C!r :-j.0 .,[i•.72:i=nf�CF.' 4.01 Install-Itton of I.anOseaping 4 4.02 Exterior Maintenance and Repair; owner's Obligationo Ea ARTICE,E '; hRC11 ETF,CTL'R: 1, At:b IAhDSCl�III CowiI_TyrF. 5.01 Mertlers of committee to 5.02 Meetings of the Committee 11 5.03 No kaiver of FLt4re Approval:; 11 5.04 Compensation of I;enbers 11 5,C5 Correction of Defects 11 5.05 Nnn-Liabtlity of Cortt7lttce Mer..bers 12 5.07 Variance 12 ARTICLE VI 'CF.pmpti,iTIOt1, AME;tk!iFNT l.lrp. S1 VFA Fii1 I 'i 6.01 TOrr..ination And hmendment 11 6.02 SeverabiIity 11 ARTICLE VII IC11Tc� of DECIARAtr l3 ARTICLE: VII �. SCF.;_lA1lFO11 ; 8.01 EnEorcercnt 1- ".� �v�.t_ ..:..:.,��„a�.�y•, ,..may }.. 13.07 Vo Representations or Warranties ]S R!}: n•-�r_.Lf--:t it - n .•,r irr� a Arevnr:lnrr a.e;� Insurance oaligationR of owners 11 8106 Erotices is Om I� SAN BE:RNARDI\0,C':1 11.we 2 of` i S Primed on 10'1 S-2016 l 1.31_'4 ANI DOCUtllcnt: DR 19SS 291GG1 o;� 010 E4--Pg34 Page 280 88-291561 Gin IrNA'=I OF C07F1:,V.T5, CC5I3lTIO: RLSTRiCi i+..;.5 AND RF5;f P'JATIO11 OF EA5ENw:.`3S FOR TFACT 1.0, 10035 CI`:'i OF RA:.CHD THIS PE£inRA-r:01; is r.,'ldc by Rancho Associrites, Ltd. , a California general partnership, hereinafter referred to as "reciarant." 2 RE 6_u 1 iLE: A Declarant is the Owner of certain real property ("Project") located in the City of Rancho CaCaronga, Count} of San Bernardino, State of California, r..ore particuiarly dencrited as Collcw;: Lots 1 thru 35, inclusive, of Tract !;a. 187:5, located in the City of Rancho Cucamonga, Ceyn:y of ,ian Bernardino, State of California, a:. per r..!p recorded in Hook 179 of raps, pages 37, 3; rc:-ord�; cf Said Cointy, H. DOClarant will convey the Project, subject to certain protectiVe covenants, conditions, restrictions and easar.entn as hereinafter set forth, C. Declarant hereby declares that all of the Project shall he held, sold and conveyeJ subject to the following co•:erants, conditions, restrictions and ea:;ements, all and each 0, •:hich are for the purpose of enhancing and perfecting the value, f desirability, and attractiveness of the Project, in furtherance ` of a general plan for the protection cf the Project, or an -,- 110 portion thereof. All, and each of, these covenants, condition,,, restrictions and easerents of this Declaration are hcrebj ir.posed as equitable servitudes upon the Project, shall run with the Project, and shall be binding an all parties having cr acquiring any right-, title or interest in the PCO)eCt or an/ part there45f, and their successors and assigns. ARTICLE I D.LE111.If, Ioll: Article v hcreor. 5"c ion I.o. . "Gose of $scrou" shall nean the date on which a deed conveying any Lot is recorded in the Uffice of the San Bernardino County Recorder. -I- SAN BE_RNARUE`O,CA 11��!,e.+01 19 Priutvdon 10 1S 2016 11:,4:--[: AM Docun nt: DR 1988.291661 J' E4—Pg35 Page 281 i 88-291561 Gin IrNA'=I OF C07F1:,V.T5, CC5I3lTIO: RLSTRiCi i+..;.5 AND RF5;f P'JATIO11 OF EA5ENw:.`3S FOR TFACT 1.0, 10035 CI`:'i OF RA:.CHD THIS PE£inRA-r:01; is r.,'ldc by Rancho Associrites, Ltd. , a California general partnership, hereinafter referred to as "reciarant." 2 RE 6_u 1 iLE: A Declarant is the Owner of certain real property ("Project") located in the City of Rancho CaCaronga, Count} of San Bernardino, State of California, r..ore particuiarly dencrited as Collcw;: Lots 1 thru 35, inclusive, of Tract !;a. 187:5, located in the City of Rancho Cucamonga, Ceyn:y of ,ian Bernardino, State of California, a:. per r..!p recorded in Hook 179 of raps, pages 37, 3; rc:-ord�; cf Said Cointy, H. DOClarant will convey the Project, subject to certain protectiVe covenants, conditions, restrictions and easar.entn as hereinafter set forth, C. Declarant hereby declares that all of the Project shall he held, sold and conveyeJ subject to the following co•:erants, conditions, restrictions and ea:;ements, all and each 0, •:hich are for the purpose of enhancing and perfecting the value, f desirability, and attractiveness of the Project, in furtherance ` of a general plan for the protection cf the Project, or an -,- 110 portion thereof. All, and each of, these covenants, condition,,, restrictions and easerents of this Declaration are hcrebj ir.posed as equitable servitudes upon the Project, shall run with the Project, and shall be binding an all parties having cr acquiring any right-, title or interest in the PCO)eCt or an/ part there45f, and their successors and assigns. ARTICLE I D.LE111.If, Ioll: Article v hcreor. 5"c ion I.o. . "Gose of $scrou" shall nean the date on which a deed conveying any Lot is recorded in the Uffice of the San Bernardino County Recorder. -I- SAN BE_RNARUE`O,CA 11��!,e.+01 19 Priutvdon 10 1S 2016 11:,4:--[: AM Docun nt: DR 1988.291661 J' E4—Pg35 Page 281 88-291661 s'.hal: reran Rancho rssvc:n�r. r: Ltd., a California general Partrerxhlp, its successors, and .% Person to whicA :t shall hivo assigned any rights hercun.1r-r br an expressed written assignment. Section 1:,¢j, "pe llrht(¢n" Nhall r-an thrY inytrurcrt .�: it May be arer:ltd fru tirc to tire. Sect 'o 1-0 'TxU' ircd..fin t" shall '-Pan a dctaawed buildtrq 1CCltod on a Lot and derigntd and lntcn:cJ Ic.- jrQ ,tr.i occupancy as a residenco by a single f.lnily. 5CCtiRU .0G, "Fa2LHy" shall roan (1) a group of natur.11 Persons related to each other by blood or legally related to each other by rarrtage or adoption, or (2) a group of not n_re than six (6) Persons not all so related, inclusive of their dorest-a ;er:an,ts, ..ho naintair. a cc-^on hcus R.`.old 1:1 1 C..c ._.^j Unit. gectien 1 07. "lrpro';finr.r�t" .hall mean all structures ar!l appurtenances thereto of every tyke and hind, including but not limited to buildings, outhuiIdtrigs, walkways, bicycle trails, sprinkler pipes, garages, carports, roads, drivevays, par;:inq area -S, landscaping itens, fences, screening walls, rotdirrrnq .alls, stairs, decks, landscaping, hedges, windbreaks, plantings, planted trees and shrubs, poles, sign,, exterior air conditioning and :rater -softener fixtures or equipment. Section j 08. "Lot" ;:hall mean any residential plot of lard shown upon any recorded subdivision rap or recorded parcel rap at the Project which is --ubject to thin Declaration. r'sltian 1•v "Ciar.e3.1-ag" shall mean any mortgage or dr -ed of ` .:st or other conveyance of a Lot to secure the performance of 01! an obligation, which will be reeonvsyed upon the compliticn of such performance. The teen "Deed of 'Frusta or "Trust Decd-' when used herein shall be synonymous with the tern "Mortgage." Sect_inn 1,10- "L S :tee' shall mean a Person to ::hag a Mortgage is made and shall include the beneficiary of a Deed of Trust; "llortgagor" shall roan a Person who nortgages his nr rtu property to another (i.e., the maker of a Mortgage), and shall include the Trustor cf a Ueed of Trust. The tern "Trustor'- shall "Beneficiary, shall be: synonyr.aus with the tern r'Mortgagcvr', �=�6• C' wn.,ii mean the Person or fie*rscrw :"'s " " - _" •,- -:.d s,rNr r_ lntere9t ct recurs to any Lot which is a part of the Project, including sellers rindcr executory contracts of :ale, but excluding those having s, -ch interest merely as security for the performance of an obligation. For purposes of Article II only, unless the content otherwise requires, "O ner1, shall also include the family, guests, invitees# licensees and lessees of any owner. -2- U� SA ISI`.R\' kRD1\'U,CA Page '1 of 18 Prii,',Ld on 10 18:2016 11::,-1:23 ANI D000IIP.'llt- DR 1988-291661 E4—Pg36 Page 282 88-'1291661 r-c:t"prrri- shall roan a natural �n.i•:id:..zl, �� corporation or any other entity ':ith the legal right tc i:cr_J title to real frcperty. LIU tib, -1. ro'ect" shall roan tnat certain real property des_ribed in Paragraph A of the Prearble to this Dec I rat ion. "gecord" or "F:1rd" shall ream, - ith resr.e, to any docurent, the rccordat:oa or filing of 5. -ch the office of the County Recorder of yah Bernardi= County, state of California. gectiara 1.1�. "$_trr- t" shall mean any street or other thoroughfare, shown on any recorded subdivision rap or parcci nap a. the Project. The foregoing definitions shall be applicanle tc this Caclaration and also to any Declaration of Anen'd`er,t, unless otherwise expressly provided, recorded pursuant to the provisions of this Declaration. ARTICLE II LSc: _F—E,S SIU -C-1 t:5 All real property within the Project shalt 'ce held, used and enjoyed subject to the following limitations ani restrictions, sub;ect to tt.e exerptions of Declarant set :crth herein: Srct op 7_ 01. Single Fans Rc is-acncg• Eavh fat shall have a Dwelling Unit constructed thereon which shall be used da a 111-0 residence for a single Farily and for no other purpose. Section 2.02. $uidin s. Na trrelling Unit shall be erected, altered, placed, or permitted tc re -air. in any Lot other than one detached D -welling Unit designed to aeco-nodate no more than a single fa,ily and its servants and occasional guests, plus a garage and fencing and such other IrprovenentS as are necessary or customarily incident to a Mingle Family Dwelling Unit. notwithstanding the foregoing, an accessory structure (i.e., gazebo, cabana, etc.) raay be erected with the Article V of this Declaration. Anything contained in this rr-,,r the rrntriry notuith?tanciino, no aerossnry Structure -•,v l+c, rldred on the Lot WILil u -icer ccturn:i a.. }�c'r•. .-• .. corplies With all go.ern-er,t�r la a, :rc.Las:,y. to, the setback requirements required by zoning ordinanceisl• In addition to the foregoing, the precise design and placerert of all structures on all Lots with the Project shall to subject to approval by the Design service .y- 5,1\ 131.1:\_ RD1\O,C_1 'age 5 OF l8 E1r't111Wan IU IS 2016 Il:.,4:2--;:1N[ Un:Un IUM: DR 1988,291661 E4—Pg37 Page 283 T i L Co`�2ttce orthe 88-291 , Of bulldln Ctty Cue 4f poncho ; 9 Fcts. aron qa prt ar t) the aQvettisir. S-�n'. 't:�+si]a a displayed todc+ric4 ar othr, lq Pester, tillfrard, the pub1ie v' P Y f any ►:tnd shall a^Y Lot, '.:i thout 1e�' an any tion b= except one sign for` -nor written consent o'Ltthe f'roj,Gy Square feet, each U�el]ing L'nit, he `e-nittce, exec �dvertisir, the at nct rgrL than, Pt signs, 9 Property for sY i successors nr resi ns. as:, o[ size, used rlc nr rent, or or. to , t 9ns, C,r direct+°nal cr 00claran_ a 3'fcrtlsc the P _ information,tc n Period, All sign; !it O'1udin9 the con!;truction and ~r"se for tpplicabletlon thereof canfoha P o-allated all a shall and condttljns r governrentaI ard' nr to tic recu' g lnences srerr±ntftcC Section _ of DcC Z V'�� larant as set "I-trLckions, Inpravenemt, forth it this Subject to the ,.x, constructed, or other Obstructions declaration, ,:n, or 'r.dintainedr n any shall h Ino vGgntatiCn, such Freight a$ a Planted, Lot Pro)ect�nreasonablYaobstrU.in such 1°Cat+on or of in the the periodic Each Ovnar of a the view from located trr-°jn3 and LOC shoe! be res and ❑thrr on his Lot, Ptuhing of all hedges ,hru5sr.1-1,le for frog adjacentso as to not unreasonabl an.9 tr Co the Obstruct -15. LoIn the event y cbrtruc ees on of v- °f a dispute he v t the %,law submitted to the Cta. vie— from a Lot C cert Owscrs , be bending. An • 'tlttee, whos such dispute shjl] t" ja } uch obstruction Secisiens an such natter of th tee, be reno;red of aChcrwlse hall, steal! of the Ccn-tittce, Upon request of the obstruction by the of tatthe ered to the satisfacheon is loco Zrith to remove h, ted. In the event upon vl:lch said J with °r °t^.rvlse alter ent that any 0..•ner ! the rrquests of the any =:uch ohst shall tii] authorized committee, ruction in decordanr.e writtrn the or agents, the Co7�i[tee or its dily notice to the paner of Ch up fectedelnpC Prior right to correct ;ac1i c {1Si day, for the purpose of ondition, and enter shall have the reirbhe t dolny so, and '+Pon such 0", s recov era blehe Cor'_h+ttce of the ccstch Owner fha11 L=t b' the Cornittce thereof. Promptly Article IV of this in the same Sums cost shall 2,Oq Declaration, For purposes -•et forth fine an 0 -act's sight from Snrh vteu' shall be deer,.,t F^ °F thas Sertti, Pyncorirg ].at whish 'ir+cn 1ntcYsetts ` arF} fiend ct rni the grading and Is i1 egaal or 9reatnr cl.-travarsu an} aced t - e-� uu AY pe-tl'r' a: iraFotn- . «� 1. atfc 1n the Project�dtU�novied3fi that theJlinn 4faccepting a' red for sale to at the time SUc h Lots acre fight fro, subsequent obs pub-ic by Declarant ra originally planting traction as a res of future ey be sub' s alt 7ect SAcciflca Y Declarant or b o+;struction or section 2tU4nanaPProved h}' thetConmottees pursuant to p];,hs and d Article V of this +n aCea^dance w' Do!laratiol• ltu' thlS The naxiru;- CU? 5.1 i31:ItNARD1\'0,C A hifr Q b of IS Printed on 1018 2016 1 1.'4 25 1t1 Ducwowill= UR 1+285 291601 E4-.Pg3$ Page 284 ._ -1x4 r ,a M "Of height of Lots 1 t_ ti inclusive shall not erccc] twenty-four (24) feet above top Cf' turn at the. wfin;cr ^I tli lot. S�rct}.n z.g�. T_r.-notary F3ui_1d_irras. subject to the provisions of ]article VII of this Declaration, no outbuildir,q, base. -,ant, tent, privy, snack, shed or other temporary buildirr] cr Inprover•ents of any kind shall be placed upon any portion df the Preject either terl•ora: ily or perrtancr.t;y. No garage, trailer, carper, rotor hero, boat or re:reation vehicle shall Le used as a residence in the Project, either te,-porarily or perranently. Uctwithstandlnq the foregoing, an accessory structure (i.e., gazebo, cabana, etc.) ray be erected with the express written consent of the cc-nittee forned pursuant to Article V of the Declaration. Anything contained in this Section to the c:�ntraij notwithstanding, no ac:;_ssory LruCtVic. may be placed on the hot until Owner obtains all poiniLr, and cOmPlies with all governrental laws. including, but not iinitoi to, the setback requirerents required by zoning ardiria nce(s). Section 11u.%sancr.. Vo Let shall be used in such runner as to obstruct or interfere unreasonably with the residential uses of other Lots, nor in such rsanner as to unreasonably ann;jy the occi:pants of Dwelling Units, located ch other Lats by unreasonable noises, offensive odors, nur.suus or offensive trade or activity, or otherwise. Section 7.07, Lntennae. No exterior radio antenna. C.U_ antenna, television antenna, satellite dish, pole or other antenna of any type shall be erected or maintained or, any Lot. A master antenna or cablovision antenna nay be provided for the use of all owners, and Declarant nay grant easenents for su_h {f 1 purposes. `l`Jl ;cation 2. 0a. Lnina and_Ins;ect R=ripftfon. tie livestnc):, reptiles, insects, poultry or other animals of any kind shall Le raised, bred or kept on any Lot, except do-estic dcgs, cats, fish, birds and other household pets nay be kept on Lots, provided that they are not Y.apt, bred or r.aintaincd for zcmrcrcial purposes or in unreasonable quantities. As used in this Declaration, "unreasonabla quantities" shall ordinarily roan rare than three (3) pets per Dwelling Unit, provided number in any instance nay be pore or Icss.' The Coar.ittea shall have the right to rrohibit nnintrrnnnce of any anir.zl :'hirh in c }il ll+�rl CUn'utlCmaCca u naisanee to .any aLnCr uwnirr. An 1n•t is 4uJI.W. L_i Li Lr,_l t' lILCM! Ccl to riontS Or invitees within the Project must be either kept within an enclosure, or enclosed patio or cm a leach being held by a Person capable of controlling the animal. Furtherrore, any Owner shall be absolutely liable to each and all renaining Owners, their far.ilies, guests, tenants and invitees, far any animals brought or kept upon the Frojeet by an Owner or by nerbers of his fanily, his tenants or his guestc. SAN 131,Et\-1RDI-NU,C:1 E'a_e 7 r.t IS E'rinwd on 10 13 2016 11:3-4:'5 :1%E DOCLlnient DR 19S Q91 GG 1 E4--Pg39 Page 285 88-2911661 Section 2.ny. Veh icl g.s, ito trailer, trailur :asci;, Cat';- tratlnr, -ntor t-ne, recreational Yoh ictlel, truck., carper, ;e' boat shall be kept or raintained an,,where on the Project, including witt.ou- linitatlor., any sccect (public or rriv.iLc). :n such ranner as to be visible fro- a ne.gtibaring I,ot, unless screened in a denignatcd sidcyard tchind fkncina appro•.ed e*: Architectural Cor.^..ittee. Ito vehicle_ or beat shall to constructed or repaired upon any Lot or Street (public or private) in seen a manner as: to be visible Cron any Lot. '-o inoperable veticle shall be stared or alloyed to rerain or,kr.y Lot or Street (pablic or pri•:ate) in such a nanner as is t --:visible iron any other Lot. Vehicles owned, operated a: .}then the control of any Owner shall tau parked in thps garage of such Owner, to the extent of the space available therein, and each Owner shall ensure that hi: garage is r.aicstained ::o as Lo be capable of Accor-lodating at least two (z) full -s a ed actonobiles. tictwithrtanding the foregoing, these restrictions shall not be interprctc:i :n sech ranner so as to Eurrit ar.,- activity which '.ould be c-}ntrary to any ordinance of the City at Rancho Cucaaanga. 5rction 7010. Bu^_.ir}c�.�^-cr Correrci it Activity, l+o }sort of the Project shall ever be used or caused to be used or ally=eel or authorized in any way, directly or indirectly, for any business, corrercial, r,anufacturing, nurcantile, storing, vending or other such non-rc:idcntial pkPrpOSa!P; crcept Declarant, its succe8 .ore. or assigns, ray use any portion of the Project owned by Cr.c'_arant for rotiel hone sites, display and sales office during thu con",truction and sales period in accordance with this: Declaration, ane except professional and adninlstrative occupations withDut external evidence thereof, for so long as such occupations are in conformance with loyal gcvernma ntal ordinances and are racrely incidental to the une of the Dwellin. Unit an a single Family residential hove. Each 11 Owner may rent or lease the nwellinq Unit on his Lot by n-can!s of Q a written leave or rental agreent!ht subject to the rCrLtiuticnL of this Declaration. The terns of any such lease or rental agreement shall be subject in all resperrs to the provisions of this Declaration, and any failure by the lessee of such :g elliny Unit to corply with the tcrrs mf this Declaration shall constitute a default under the lease or rental agreement. Section 2.11. Trst. I;o rutbish, trash or garbage or other waste material shall be Rept or pernitted upon any Lot, crcept concealed from view, and no odor shall be perhttted to arise tH, n•rni so n,s to rrrdr_r tee Praiort, or any portion thereo;, ,.m tinstarv, unslanciv, orrcns:i+e vz cetrinentai t. property in the tneauc.t.+ti ata containers shall be exposed to the vie., of nei.ghthoring Lots onll' .hen act Cut for a reasonable periost of tine (rot to exceed twelve (12) lW)UrS before and after scheduled trash collecticn hours). There shall be no exterior fires whatsoever except barbecue fire-, contained within receptacles therefor and [ire -6- ') 6- 1\ BF_ ZNARDNO.CA of IS Vrii:ted on 10AS'2016 11.3-1;?G AM 1)0:tmlent= DR 1985.291661 gr._po40 Page 286 ((i b8-291661 -7- U 5.1\ fiE:fa-11x)1\O,C 1 I'.t�t r� ; f l i? I'rinwd un 10 IS 2016 11:34:26 AM Docmwmt. DR 1988.291661 E4-Pg4l Page 287 r tl.zt :ne,' pits in trio enel::scd '[ard- designed ir, ,,g o a far.r.,.,_ h0w4i do not create adCien hazard, red in such ! inathelPr-iect as t7 shall be hi;ng, 'risible to other rrcperty in the Project, and n lurter, 'paste, -ctal., b-li at the tine t,-,C-:._taI l =rddi o•ng of an7 tot i . corFletCd ;:, Declarant, orthat :With Is sho-n on any pl :ns afpro:•ed c, t!... co:-nittee• Eae!, G.rer shall natntain, repair and replace an;i ]eep free fro -,i debt'is ar ctstructionr• the drainage sy:.t c- an -f devices, if any, located cn his l.or:. S�nrtLon�a_1?• fiaiar E+fr_rny ?nrata laterane,. 1'he Cc-rit'ec shall approve the plans art specifications fat the lnntallatlur, of residential fircluding s~inning pati:;) solar + v-,. Provided that the ConnitteudeterTslnes that su^_hpFans and Specifications dcronstrate the exercise of reasonable r-ea;t:res to ninirim the pwtontial advicese aesthetic impact of the installation on other portions of the Project. 1'he Conrettee: sl+all prorulgate reasonable standards and guidelines against which to CKanlnc any such plans and specification:, in aeccrdarce tiith Article " cf the ^cctat'atioa. l.rrtx;t h =tar. ::.q the foregoing, any such Carnitteo approval shall ha,re no efte:;t t«pon the enforceability of any other use restrlctt;lpn in the Gcclaration. T,Fi1'I X III fB'SE1:7S x+rn rrcl�oncr;u};r_r Stiction 7,07. U_ttlity—Eaberents. Each Owner agrees, t:}' the acceptant of his deed, that his Lot is granted subject t- easenents for utility installations and maintenance. Eases.,, for installation ,ind maintenance of utilities and drainage nts facilities are re:;et`c•ed as shown on any recorded Sutdivi..;ion 'far of the Protect. Within these easerants, no structure, planting or other raterial shall be placed or pe m.itted to remain 'which � ray damage or interfere with the installation and maintenance of Utilities and drainage facilities. The utility casement area; loll of each Lot and all lrprevcrcnts In it shall be rraintainui continuously by the Owner of such lot, except for tho--c Ixproverents for which a Public authority or utility company is responsible. pct ion 7 , 07. Ac to Owner agrees for hinsclf and his suceessorstin lute pst,Eb}'h ccep[ancc of hthe Lacs is deed, to pernit free access by Owners of other Lto slope;; or drainage ways, if any, located o7 his Lvt, Which slopes or d ,+:ritin ,rr,.... :: „" 4A..LQ" Is eS CnL]al for the maintenance of Permanent stabilization on sueh stupes or for Thp rainten;inve of r ,i 3u1.1 -toot Settlor, 7.03. Flo MQintgnznce, The slope areas, kf ,7,ny, of each Lot and all Ir..provenents 1n then shall be naintarnc;i continuously by the Owner of the Lot, except for those responsove IrrPrnent, for which a public authority or utility conp.any if.ible. -a- Q) SAN MANARUI\O.0:1 higi; 1001-19 Printed on 1019'2016 11,3-1-36 A\t Dixq matt_ L71t 1988,291661 Ply -Pgg2 Page 288 �O (_0 rC . SAN B1 I'.`.U.D1'N0,CA D:!CW11z11t• DIZ 19H.291661 8 8 - 16 1; J SecYl?n .0.: #�,'(; L.1LF_'r• i;o fence, .:all hc4gc, _. -. planting'wh:ch obstructs sight lines at ele:vaticns iet•_ocn c and six feet above the Street nhall be placed or per''ltted to remain or, any corner Lot within the triangular area far -ed t; the Street property linen and a line connecting thor at p=in—r t-.enty-five (25) foot frac: the en_ersection at the 5trcct or in the rasc of a rounded property Corner frc- t..^,e intersection o. the: Street p::perty Bros er.tcndeJ or, it Streets intersecteA. She same sight -line linitatiors shall apply to any Lot within ter• (101, feet frca the intersect.or. cf Street property line with the edge of driveway or alley p-kvonent. No trees shall be permitted to ver..ain within such distnnce of such intersections unless the foliage line is raintained at sufficient height to prevent ebztruetion of the :fight liens. ARTICLE Iv IP.PIGATFO.'r AtrD Hl1tt_T}ar;.':L11 ""tion a _01. nstailptian of 1.:rndsranina. Within ninety (90) days after the close of eucrow for the sale of a Lo: with a Qvallir.g Unit thereon in the Project fron Declarant to a purchaser, the Owner shall plant lawns or otherwise landscafc the front yard and side yard to a neat and attractive c;;nditicr, in accordance with a landscape plan approved in writing t;y tt:c Cor..nittee pur-nuant to Article t' of this Declaration. Within t:elve (12) r.cnths after clono of escrow for the sale of a Ivt with a Dwolling unit thereon in the project from Declarant to a Purchaser, the Owner shall plant lawns er otherwise landscape his rear yard, and thereafter raintain the landscaping of hi:: rear yard in a neat and attractive condition, in accordance with a landscs$e plan approved in writing by the Cor•nittee pursuant to Article v of this Declaration. In the event sac h landscapir; is not co -plated within the tire-frar.e above mentioned, Declarant or the Corr..ittee may enter on to such Lot and carr; out landscaping plans approved by the Committee at the expense of the Owner of such Lot. Said plan shall provide for lardscaping sufficient to prevent drainage or flow+ of aatr.r trey said Owner's Lot onto any adjacent Lat. All vegetation on tl'e Lats shall be irrigated and fertilized regularly. Each 0wner cf a Lot shall cut, prune, irrigate and maintain regularly the In the event of a failure of an Owner to corply with any of the fn±rnnin: r-n.rirr-47ntr (chirh f-i?ure shall hr. i!t .n rul5artce). trle Cornittce or its uuiv autnorizeu apF..J:ntriG Lr agents snaii ..•7 n. ,rl:y rr,C .:ncr anu 31CL,t �uLfr y..,, e3[ J_ hatever wori; is necessary to secure c,)rp11ance with thin Section. If within thirty (30) days after such O:r`gr's receipt of said written notice, the O::rer's Lot still does net ccnfcrr, to the requirements of this, Section, the Co.trrittee or its duly authorized appointees or agents shall have the right either to seek any rcr..edies at law or in equity which it may have or to enter upon the offending Lot and renove weeds, rubbish or otter -aterials and do all things necessary to place such Lot in CM Page I 1 01, Is Printed on 10 IS 2016 1 1:.34:36 %%I E4—Pg43 Page 289 IJ a M-291661 au--Pllanvc with thl; Section, inelt.J+nq thG 1n�tylla=lens irrigatecn anJ fcrtilixation Gf vegetation and et:'cr landscspirg. !hc Cc-^Lttep shall ha:c the right to c." er ;,�:•. wort: to be ac-onrlished by any third party at any tiro after acn.iirg notice to such 0 -.nor. The Co`nittee ehall "'Ir t r.• right to ConrenCC an action at la,-* ogain5t any y+,r "j7 O�nnr tC recover the cast of :.ach «Dell Interest shall arc.-ue on s_^.n delinquent a-ountr. at the rate of ten percent {14';) For frc- ani after rypira�i_u :,f s..:ch t`t:1t; {lnl da}' Nrr:cJ. =r'a any 7udgnent in favor of th¢ Cer.nittee shall lnelu.le all care e` suit and remsonatic dttorne", fees. SoctLr,n_3.0�. L'ytejor"dinten�nce. ancf itenair; C:ner'., Oh! +[Ign�. f:o Irprnvene,wts +nywhere within the I+rcje_t sislt be Fernitted to fall into (lir-repair, anJ each Irpro•:enent shal at all tires tr. :'cot ;n gc-d crt,�iti.n ani repair. t!V r: that any Ocher shall perr,it any Inpro'+cnert, whioh in the responsibility of such Owner to nalnlalll, t,-- fall into disre(sa_:- so as to create a JanSerous, unsafe, unsigntly or un.:ttrdc`,i•:c• eonJition, the Corinittee upon fifteen (15) days, prior written notice to the O.:ncr of such property, shall have the right to correct su=h condition, and to enter upon such O'.:rer's Lot for the purpose of doing so, and such 0 -nor shall prorptly re+rh•_rr,,+ the Cosrittee for the cost tkereof. Such cost shall tc recoverable by the Ccrnittee in the sane manner as set forth kr Section a.�l of this Article. The gwner of the offending lot :,hall be perucnally liable, anJ his Lot ray be suLject to a r..erhanic'n lien, !or all cost and expenses incurred by tl.c Ca-rittee it taVing such correv.LIve acts, plus all cont: incurred 1n colicatirg the araurlt dsc. Each Owner :hall pa�. all amounts.. due for such work vitt: ten (10) days. after receipt of written denand therefor. � ARCN•1TECtL'r-1.1. AfiIAlEI1SELL_, , CO,qjITT`_'}_ Se`tirn 8.03• Ff--bps: of CorrZttee_ The Architcutural oral Landscape Connittr.c, soretines referred to in this L'eclaraticr. OS the °C077ittee", shall consist of representatives of Declarant whs4e Easiness address is P.O. Box 7000-311, Pancho Cuca'Tonga, California 31701. Declarant shall have, the unrestricted richt to appoint and rerove a r,ajority o: the ^nl'}'�r^, of •hr _ ..•a .., r:•r .. _.. .. ralority or the ronbers of the Cerr..^..ittee and to fill any vacant; of sach najorit'. until th+- 'turnover ditto'- which •Fn11 I— the :, J-�[Wt nL VL L=1 L:.. recorded ('tClese of E�crcw,.), or (2) five ),carsyfollosring the date of issuarce of the Final Subdivision Public Report fir the Project, whichever orcurs earlier. Declarant nay at any tire: assign in writing such Fo'ers of rencval and appointnunt to any developer of Lots in the project, subject to such terr.t rend conditions as Declarant may inpose. Connencing one (1) year freer the date of Close of Escrow for the =ale of the fir!;t Lct in the ..10- o� S It 13LRNAI-,D[\D,CA 11ne 12o1 -IN Prinwdon IU 15'2016 11:34.26A\1 17arur wnt: DlZ 1989.291661 E4--°944 Page 290 Pro' -cc to a psrcr.�r . r {_t"cr than a the 7-;ner5 c! a -a; arlt, of t!ie La..^:r.g [leclarant; :..:.ail tavc the ro-.er tc appoint :n _rIt:r'.g .re re -ter to the Cc--ittce, until the turnover date. Tnerea`t,:r. the .noru of ao: the La's (incl --ding tt.5 _.r.e. t. 00-1ara :t; sru:1 have the po.:er to appoint and rc-o:r• .111 -e. -herr of the Carrrttee. ?Berbers of the Cc^rittce frpras^Sr - t" ^c--itte' L}' Cecls:ant s:pedct he re�.rler.t: cr ter. tu, all other r.erbers cf Lte Cor-ittre rust to full tier residents of the Project. Sa t;I; 5•G-.ept:ngs._of the Ca -mitten. The Cc:-,nittvc vhall r.eet fro:-, tine to tire as necessary -to pert, -r:- it:: k.ereumler. The Ccrnittee ray from tree to time. by resr.ltticr sr.anrrc_s1{ 'dc,^.'c+ rrt.ra. psi:,rate a _r. _--L Representative fvhc r.ay, but need not, be oneofits take any action er l:orforn any duties for an'j cn tehalf cf t'Q Co-^tttee, c>:Cept the grantlrg of variance!; mirstiant tc 1cc:sc7: 5.07 hereof. In the ztzence of SL: --h designation, the ':ctr: or the wrrtt.n caesr.nt of a ra jcrity of the cerci tte,= ta.:en '.'1 ti- c rcetir.,j ahail cc.r•:;t.tuto ar, act of the Cc-aittee. Sr. -tion 5 _0I,_4t "=t•luc trn hrprr'»1+;_ Tne, ai-prcva. CC the Cr -r -U ttGe to�any prepasals or plans and wpCcc.1tior,s cr drawings for any wort: done or proposed or in connection with any ether ratter requiring the approval and consent of the eorr':ttr•c shall not be dee-r_:l to constitute a wai•:er of ani right t,; withhold approval or 4onsent as to any sinilar prcpoc;alr.., pians and specifications, drawings or ratter .whatever subreqGently or additionally sub:•ittcd for approval ur consent. Sectioti 5.04. Cin-�erysTtion of 1 e The rerbms cf the Cc-r:fttoe shall recclvc no co-pensatian for serv:ces rendored, other than reir..bursccent for cr.penses actually incurred Ly ther in the performance of their duties hereunder. Se:t_ioa 5.05. _0�-Lvgtion of gftje�t:,. Inspection cf Wcrr: and correction o! dufects therein shall proceed as fol'_c-.:s: faJ The Carnittee {!r its duly authcrlecd representative may at any tire inspect any Inprove^went for rl❑^rCL'd! ^f ria r, tnat the {.4yr.r,rttee's rignt Cr inspection oI Irproverents fur :which plans have been soh -fitted and ar+nrnvr:i gi:en written notice to the Coraittee ofTsuch yco-pleticn. The Ccr-nittee's rights of inspccticn shawl not terminate pursuant to this paras}rapt: ir: the event that plans for the '.:ori: of Irprover.ent have not pruvsously been submitted to and approved by the Cornittee. If, as a result of such inspection, the Ccrnittee finds that such Improver.ent vas done without ebtairir,q ar,prcval of the pler•s therefor or vas hot done in substantial carpliance :with the plans approved by the Cornittee, it ehall -11- (C 5.1\ 13E EZ\_lfa)[1p,C_1 11.1 e 13 of E8 1'rinted on 10 18.2016 11:334:27 Do,minenl: UE: 1988.2916(11 E4--Pg45 Page 291 0 68--291661 notlEy the C.,ne: iii-r.t�rg of i:lure to co-pll tt'1': hrticle s+ith>n sixty (40) days fro- the in�perrinn. ,r.cc: the particulars of nor.:o�l}lidr.cc. The Cornittec shall ra'•c t^� authority to reg,11ra the C'.r.er Co Ca}.e such action as r.i, Xu necessary to rer(,dy tte ncP!corplianer. (1)) 11 r.p.wr, Lhe ex.piration of sixty 160f days fri:�n th^- date of ruch notification, tiie o,:r,er St, -11 .:.c failed to reredy such ncncorpliarce, the cermitteo shall deternine the eetL-ated cost of Correcting or rerovinrl to^. '•I'c. and the Conrittee, at its option, ray retard a notice of noncompliance in ttie office of the County Recorder of Sar Bernardino and nay peaee(ully rerady the ro"co-..pliance, ••tai t114 pwner shall .-c'"rurr,c the. Co--ittee, uFon demand, for all cxpenses incurred is connection therewith. If sue. es:l-cn':ry net promptly repail by the owner to the Coa-,ittr.e, than the Con.-tittee Ghall have all rights at law of In equityto odic:;% :;uch expenses, Ir: acc�rdarcC wits: t! -.e provisions of Sentian of this LLerlaration. (c) If for any reason the COnmittee fail,, LJ notify the +7 nfir o[ any nar=sr-p1ion s with previou'jly suk�-ltted and approved flan, within sixty 1Go) days after re cipt or r:.3 written notice of corpletian fron the O.:ner, ti:c I-prova^ent shall be deer•ed to be in accordance with said apprcVed plan„ Sect ---. 'i - U - tton�[.i�t?i1 ic�L�f Co-s^.ittrc R^crer tttetiCAdu1} Declarant, the Co'mittev nor any comber thereof, r far an authorized representative shall be liable to anywo'wnConneCted� loss, daragc or in}ury arising cut of or in any Y with the pr,rformance of the CammLttce's dukias hereunder, unless due to the willful nis�onduct or bad faith of ttse Corrnittoe The Co�enittee shall review and approve or dis,Ypprovc all plans submitted to it far any proposr_d Ir.provenent, alteration or addition, on the bai:is or satisfaction of the Comnittce lith the grading plan, lcration of the Inprovements on the Lot, :he finished ground ele'.'ation the calor scheme, finish, d e ign, proportions, arcl;itecture, shapf, height, styl,± and apprcpriatonoss of proposed Inprovenenti: to views; from ad}aira',p Lots, the r.aterialn ur,ed therein, th* kinds, pitch or t;'pc o'- �,w,•i the planting landscaping, size, height o: location at vegetaCian -, aeith.rric coneiderati,rns and the overall benefit or detrr-crC wnlcn vo+iu �• r^�iH,,rricn tn� aesthetic aspects of the architectural designs, p:a=u;ci,: buildings, landscaping, color schencs, exterior #inishcs and materials and similar features, but shall not be respen5ible ter rcviaaing, not shall its approval of any plans or dc5ign k -e deemed approval of, any plan or design tram the standpoint of structural saf4ty or eonforrance with building or other cede, - Section 5.07. Var'%rnc-g. The Cor.mitteo r -ay authOrize variances from compliance with any of the architectu[dl -t#^ Q> S \\ 131:R\ARDI\0,(':1 Printed on 10 IS 016 11:3: 27 \\f 00% L1Ji1-,'rlt: DR 1953,291661 U. --P06 Page 292 M-291661 provisirnsof this Declaration, :ncluding without l:nits'_:cn restrictions upon height, size, flrur area or pla_crent r.f structures, or similar restrictions when cireu-stancen sect- as topography, natural ohstructions, hardship, aesttet:c or environ -:ental consideration ray require. Such variance, -US* LIP evidenced in riting, rust be signed by at least a-ajority e! the Con -litter and shail becone etfective upon reccrdatier, in tic Offire of the Cc:snty Peccrderof San 8ornardino. If such variances are granted, no violation of the covenants, cordit.cr.: andrestrictions contained in this Declaration 51 -all bn deer^d to have occurred with respect to the matter for -rich the variance was granted. The granting of such a variance shall nct operate to waive any of the terms and provisions of this Declaration for any purpose except as to the particular prof:er.y and particular prevision hereof covered by the variance, r.tt sha!lit affect in any way the 0-ner's obligation to cc. -ply win govern^ental laws and regulations affecting the use of t:is Lot, in-luding but not lirited to zoning ordinances ttnd l.ct setback lines or requirerents irroned by any governmental authority. AP.TICLE VI TF.F!11t:,l.T.I011, !!F.f.Y AI,U. SrVEFZAHII.i_fe Section 6.01. T—( -ination_anQ Arendr.r.nt. All the covenants, conditions, and restrictionc. contained in this Declaration shall run with the Project and shall be binling on. andenforceable by, all Owners for a period of tire extending until December 31, 2023, and thereafter said covenants, conditions and restrictions shall automatically be extended for successive periods of ten (10) years, unless, by a written O instrument signed by the Owners of seventy-fi•:e rercent (753) cf the Lots at any tine and recorded in the Office of the San Bernardino County Recorder, the Owners deterrine to revolve or change in whole or in part this Declar..tion, sub]eet to the provisions of Article VII of this Declaration. �c_ Segion 6.02. Severability- Irvalidation of any one of the easerents, covenants, conditions or restrictions of this Declaration by judgment or court order shall not affect any other nrovisions shall remain in full force and effect. ARTICLE '.II rvr. , -r..,, v, -Ver , r.. nr-• • . Nothing in this Declaration shall linit the right Of Declarant to complete construction cf Irproverents an the project or to alter the foregoing, or to construct such additional Inprovenents as Declarant deers advisable prior to the completion and the sale by Declarant, of all of the l.nts jr. the project. Such rights shall include, but shall not be limited to, erecting, constructing, and raintain.ng on any portion of the Project aired by Declarant such structures and -1]- S V BI-'R\AR[)I\U.CA fast I; of 18 Printed oil 10 15 3016 11,34.27 A\1 [),ma,,vont, DR 1935.391661 E4—Pg47 Page 293 88-2916G1 displlys as ray be reasorndbly necessary for Eric conduct of ;ts business of completing t!-.0 'work and dispo:.irg of tt:o sa-e ty .ale, lease, or Otherwise. Declarant specifically reserve'- the right to use any unsold Lots an the Project for rodols and offices, and further rcNerves the right to rent and unsold Lots, This Declaration shall not linit thO right of Deelar-int at any tire prior to acquisition of title to a Lot 1-y a purchaser fron Derlarent to estalllish on the 1_ot s'dit_oaiS easoments, reservations anis rights-of-way for itself, utility companies, or other as ray from time to tire be reasor.ably necessary for the property drvelopaent and disposal of the Project. Dezzlararst reserves the right to alter it: constru4ti-n plans and designG as it deeps appropriate. Declarant further reserves the right to alter floor plans, styles, quility, size and cost of twilling Units caned by Declarant in t1-- Projcut arthout first seei'ing the approval of the cc-nittpr. Declar,1nt nay further subdivide anf Lot owned by Declarant. The rights ! Declarant hereunder nay be assignea by Declarant to ary successor to all or part of Declarant's interest i:. the Project. :he previsions of this Article shall nzt be altcra,J ur terminated without the prior Written consent of Dr,-Jarant fn ;e long as any Lot, in tha Project renain unsold. ARTICLE, Vi I I il—I IULIAY5 Sectis,rL-1J.ol. FnL2zge1mt-. Breach of any of the easnnvnr coveannts, conditions, or restrir.tions cpntained in t131s Declaration and the cdsntinuation of any such breacl'. nay be enjoined, abated, or renedied by appropriate legal or equitable 1 proceedings by an ovrer, by the Committer (or r^ember thereof), by the City of Har.+_ho Cuwar-,enga, or by Declarant' provided, however, that any natter duly approved by the Connittee as provided herein shall be deemed not to be in violation of any provision of this Deelardtion- It is hereby agreed that recovery of darages at law for any breach of the provisions of this Declaration would not be an adequate remedy. Breach of an', easenents, covenants, conditions, or restrictions CCntained in this Declaration shall not defeat or render invalid tire lien of any recorded Mortgage, or any part thereof, '^ade in good faith and for value as tfs anti' Lot of thn Proinct- h%it vu-*, r-olencint.s, cGnutticlL, and restrictians mall oc tirdln4 ana effective against ani• Owner of a Lot or Lots whor,(- title therl-tu Sectiyn__g,0i.ePs. If an action is institutrd to a court of Conpetent Jur Jurisdiction to entorcr- any of the Covenants. Conditions, restrictions, or easements contained in this Declaration, the party against wham the judgnent decree, order, or declaration in entered shall, and agrees to, pay all costs of suit and a reasonakle attorney's fee, such as nay be established by said court. -14- d� S.1\' 13F1:\_ KD1N'0.CA llae • 16 of 18 Printed olk 10'15'2016 1)_,4'27 .1M Dactlllwnc- DI: 19SS.291661 F4_Pg 8 Page 294 89-2191661 displlys as ra; be rcas;_ndbly ne=essazy for the L:_rduct cf business of cc-nFlet:ng the wort: and disposing of ttc sa-e sale, lease, or 0'her•-:ise. Declarant npecifically reservo!i .-,u right to use any unsold 1-ct-. on the PrO;ett for rede,s and saSe-_ offfcc-s, and further rc.P rves the right to rent 'tr•y unsold Lots. chis Declaration shall not li-it the right of CecSarar�t at any tire prior to acquisition of title to a Lot by a purchaser fro'! Ceclarant tn estatlish on the Sot i'd::icrzS easements, reservations ar,l rights -or -way for itself, utility eorpanies, or other as ray from tire to tine± be reasonably necessary for the property develop.-er,t and dispo.:•zl cf the Project. Declarant reserves the right to alter its construct:=.^, plans and designs as it deers appropriate. Declardnt further reserves the right to alter floor plans, styles, quality, size and cost of Cwelling Units owned by Declarant in the, Sr='cct without first seeking the approval at the Connittcrt. Declarant ray further subdivide an/ Lot owned by Declarant. The rights .f Declarant hereunder ray be assigned by Declarant to any su.ccensor to all or part of Declarant's interest in the Project. The provisions or this Article shall not be altered Cr •_er,in.ited without ttic prior Written consent of Declarant fo no lcrg as zny Lets in the Project res in unsold. ARTICLE :'ISI tY1SCE:Lf1,r:E0L5 Section 1.01. Enfnr=e^ent, greactt of any of the easorer.ts, coveannts, coniitions, or restrictions contained in this Declaration and the continuation of any such breach nay be enjoined, abated, or rer.edied by appropriate legal or equitable procee;lings by an o.r.er, by the Co:r.nittce (or ner.ber thcrcof), ( fj by the City of P.archo Cu.a-cnga, or by Declarant' pr^.sided, however, that any ratter duly approved by the Cornittee as provided herein shall be deemed not to be in violation of any provision oC this Dezclaiation. It is hereby agreed that recovery of da:ragcs at law for any breach of the previsions of this Declaration s.ould not be an adequate remedy. Breach of .any easecents, covenants, co."ditions, or restrictions contained in this Declaration :•hall not defeat r;r render invalid the lien 0 any recorded Mortgage, or any part thereof, rade in g�tpd faitts and for v;ilue as to an,.. I4t of the Prr,ir�t• tut s• + n�cn^n�� co:e;.anu, conuiti i,s, 1114 restrictions sn311 cc Linding ane effective against any K -caner of a Lct or Lots whose title therctp S�GIQD 8.02. Cots ani] Attarnnvs F ey. If an action in instituted in a court of car -potent jurisdiction to entorcc any of the ccvenants, conditions, restrictions, or ease-erts contained in this Declaration, the party against whom the judgment decree, order, or declaration is entered shall, and agrees to, pay all costs of suit and a reasonatle attflrney's fee, such as nay be established by said court. -14- S.11 B1-.ftNAND1N0.Cl I'at-i: 16 of is 1'rirlted oil 10 1S 2016 11:+4:27 AM Ibcuuent- DR 19SS.291661 E4_Pg49 Page 295 68-291661 ;pr.tionE -Q 3. iIn F±3Luesentati0r S:arrantins- !:o representations ::r ;.arrantics of any kind. express cr i-03-J- faavebeen given or made by Declarant, or its agents or eeplo; r� in connection with the project or any portion of the Project dealing with its physical condition, Zoninq, conplianec ::itfi applicable la -5, purpose for intended use, nor in connection with the subdivision, safes operation, or use of tt%c Projvc: except as specifically and expressly set forth in this Declaration and excepta_: nay be filed by Declanont iron ti -le co time with the California Department of Real Estate or :.ith an# other governncntal :authority. rec_l orl„_,R.Od. Const ar active I:otice ar person who c -.-ns, occupies or acquires any right, title, es4ato or interest In c[ to any Lot or other portion of tltt' I Imic" does and shall to conclusively doe, -,cd to have consented and agreed to the reasonableness and bindin3 effect of every linitatioa, restriction, easement, resorvation, coriition iMd covenant contained herein, whether or not any reference to Declaration is contained in the inctru-ent by which such persot+ acquired an irtcrest in the Projcrt, or iiny portion thereof. Section 8.05, ]�;i�r,x�4e Oh_1-igation^ of "'I'S . Each C'.:rei shall be :solely reuponnible for in;;uring all of his D -welling Units, including without limitation the structural portion, of such Ll_•ellirg Units, against loss or darage by fire or other casualty. Each Ovner slsall also be solely responsible for obtaining adequate corprehensive public liability insurance, including pedical payments and nalicious mischief, insuring against liability for bodily injury, death and property damage arising fron his activities on his Lot. � e d o Q6,110t ices- Any notice per nitted or required tc be delivered as pravided herein shall be in writing and ray lee delivered either personally orby nail. If delivery in rade by nail, it shall be deened to have been delivered forty-eight (.R) hours after a copy of the same has been depooited in the United States rail, postage prepaid, addressed to any person at the address givcrL hi such person to the Comr..ittee for tlae purpose 01 service of such notice, or to the residence of such poison if nc address has peen given to the Connittee, such address nay bei . - f' Ti! r l chic r, e, itirn as 01 this _ddg RAIJCIIO ASSOCIATES, l.td. , a C fo rnix Generalpartner::h:p f Ir 'c , . y?i/ itIj 1•-lrt� i -]5- o; SAN M.RNA1X'D1\0,(':1 I'.1=c 17 of IS Printed on 10'IS'2416 11:14 27 A\. 1 L)(),:Wll 'Mt: DR 1955?91661 P—PC15O Page 296 :L T r. c tc) Lf t!lr. k!j s— r :i to :u- Lthtr I•U 7 r - -i o -k r U.; c? 7:3.—V -.a r OFICU UAI DELI A4 W.CN - IANA ..ram/ bo. �C c S \\: Bl'R'<.%RDINO,CA 18 of Is 11rintod on 10 13 2'016 11:34.29 AM Docunwnt- DR 1989.291661 E4—Pg51 Page 297 Correspondence received at November 7th, 2018 City Council Meeting November 7, 2018 Good Evening Mr. Mayor and Council Members, My name is Renee Massey. My husband Lynn and I have lived on Camino Predera now for 22 years and have been deeply involved in the process of the development of this area. We, along with the Alamat, Rodriquez, Ford, Reyes and Snedeker families have appealed the Planning Commission decision for this project for three key reasons as documented in our official appeal: Compatibility, View and Accessory Unit or Granny Flat. Before I proceed, I would like to offer a short history of this area, that I'm sure some of you will recall. In 2000 - 2001, the Concordia Project of 21 homes was approved by the Planning Commission, against strong objections by the Red Hill neighbors. Lynn and I appealed, based on the Hillside Ordinance and the CC&R's. The City Council granted our appeal. In 2004, the Stachoviak's dream home project was also approved by the Planning Commission, we appealed... which the City Council granted again. The Council Members based its decision on substantial evidence and responded with specific four points of conclusion which is documented in the Staff report dated July 21, 2004. Here are their conclusions: a) That the Red Hill area exhibits the distinctive residential character of the early development of the community b) That the proposed design does not enhance, nor continue, the existing residential character of the Red Hill Area c) That the proposed design does not fully address the hillside setting of the neighborhood, nor the standards and guidelines nor the hillside development ordinance, and d) That the future development of Red Hill should present design features and scale that are in keeping with the historic character of the surrounding area. Since then, there have been five subsequent projects built on the south side of Camino Predera and four mammoth projects on the north side. During that time, we were never notified—no neighborhood meeting, no DRC notice, no Planning Commission Notice. I learned to check in with Planning once every three months to see if anyone had pulled a permit ... so I could stay on top of it, which is how I found out about the Stackoviak project in 2004. Now there is a Design Review Checklist requirement, which requires the applicant to provide a labeled list of property owners within 660 ft....but that is all that is required. Some neighbors get the notices, some don't. We are not sure why. Unfortunately, the notification of a Neighborhood Meeting is usually two years into the process, which is why we find ourselves in this situation again. In each case, these large structures were presented as being their "dream home", yet not a single one of them lives in any of these residences. The Semler project, on the south side of Camino Predera which was just approved in February of this year and the project tonight, were both presented as being their "dream home too"...yet they are both currently listed for sale. SHOW LISTINGS It is unfortunate that the neighborhood then is left with these mammoth structures. The families that so dearly wanted them ... they are gone, but we are not. So, let us begin. Please consider the following three points. Point 1) Compatibility: It is important to know that in the City's General Design Principles, are policy's which reference the words Compatibility or Complement at least 10 times This project, as currently approved, is not compatible with existing homes in the Red Hill area. It does not follow the original spirit and intent of the Hillside Overlay and Hillside Grading Ordinance. The lot coverage is massive and there appears to be no requirement to provide for greater side yard setbacks as stated in the original Hillside Overlay criteria for this area. This has resulted in new homes being approved on view lots having only 5' and 10' side yard setbacks, which are then filled with landscape that blocks out any opportunity for view through these areas. What was originally designed and contemplated to be a custom lot subdivision of split level homes designed for this unique hillside area, has devolved into an array of oversize, large mass and profile, mammoth structures that represent the "Not This" exhibits contained in the early Hillside Grading Ordinance. ***SHOW PHOTOS OF SPLIT LEVEL - These homes follow the spirit of the hillside area. AND MAMMOTH HOMES*** - These homes are massive in size and height. This project presented tonight would be another mammoth structure. Allow me to introduce, Frank .... Frank Rodriguez lives directly north or behind this project and is one of the appellants this evening. ***SHOW PHOTO'S FROM FRANKS HOME***This is the view from Franks balcony. As you can see, he has NO view to his left (or east) due to the mammoth structure that was allowed to be built. To his right (or west) a view share opportunity exists because the homes below followed the spirit, scale and character of the area and were guided by the CC&R's that specifically addressed height and view. If this project is built as approved, Frank, his wife and family and his neighbors will experience an "unreasonable loss of view". Frank will see mostly sky and just a little of the valley he use to enjoy. From his pool deck, Frank will be looking at the back of a 15 ft. Accessory Dwelling.... COMPLETELY blocking any view at all ... and the dwelling will be only 5ft from his property line. Unfortunately, what was presented to us on May 22nd at the Neighborhood Meeting by the architect ... a 3,498 SF residence with a 496 SF Second Dwelling, was corrected and presented to us at the DRC meeting in June as 6,175 SF with a 674 SF dwelling. It is worthy to note that the size of the structure would also be the largest in the neighborhood. We respectively submit that this projects design, height and mass is not harmonious or compatible. My name is Rakan Alamat; my family and I have lived in Rancho Cucamonga since 1992. Point 2) The View If you live on the hill, or if you want to live on the hill, it's all about the view. The view is what attracts people to Red Hill. It's the reason; 1. why I bought my house 2. It's also the reason why the applicant wants to build The view is so important in the city of Rancho Cucamonga, that the general plan's 1st sentence of the 1st paragraph, chapter 1, our City, our Future, has a mention of the view, it states, "Located at the base of San Gabriel foothills, with majestic views of Cucamonga, is like no other community in the Inland Empire". Sadly, the view is also, a hotly contested issue since 2000. The city council members of 2004, two of the distinguished members are present today; they had to deal with an exactly similar issue. The city council, overruled the Planning Commissions approval, denied the project, and a resolution was adopted. The general plan is based on the seven guiding principles. The spirit of tomorrow, States" we continue to provide a stable city government which respects the decisions of the past. The City Council of 2004 passed a resolution, and it was adopted regarding this same issue, yet........ here we are again ... almost 18 years later and .....we are still dealing with the same issue. Why is that? Here are my two assessments. We have seen comments from City Officials who state that "The development code DOES NOT include a requirement to preserve views. One planning commission member said and I quote, from the minutes of Oct 10, "The city does not protect views; we don't pick winners or losers". End quote. This is simply inaccurate. The city development code DOES HAVE view preservation and view protection requirements. The 2nd assessment is the Repeated Failure of City officials to interpret the development code correctly. That, in my opinion is the major contributing factor to why City officials keep stating .... The Development Code does not include a requirement to preserve views. As one Planning Commission member, said, from the Oct 10 minutes, and I quote, "There are two ways to look at things; you could interpret code in different ways". End quote. In general that's true; however, the Rules of Interpretation of the development code takes the guessing out and specifically states the legal intent and meaning of the words. Terminology: The following rules apply to ALL provisions of this code. Language, words like "shall", "will", "is to", and "are to", and similar words or phrases, always mean mandatory. So the word: Shall means always mandatory Should is not mandatory but is strongly recommended May is permissive Again, these are the legal definition of these words. This is NOT my interpretation. So when the Development Code has a dimensional requirement, say a maximum height of the building shall not exceed, 30 feet. If the height of the building is 31 feet, then everyone would agree that the 31 ft dimension is not compliant. Similarly, when the development code has a non -dimensional requirement, Due to time constraints, I will mention few examples. These are from the Code. So: • views shall be preserved • views shall be maintained • shall not block views • all proposed development be designed to preserve and protect the desired view As you can see, All of these, are code requirements, per the interpretation of the code, they are mandatory VIEW requirements and mandatory VIEW protections. Unfortunately, city officials dismiss these view requirements; perhaps because it's not a dimensional feature. Council members, as we have stated before, we are not against new neighbors trying to build and live in Red Hill and SHARE the beautiful views and heritage. We are, however, against incompatible designs that do not comply with Code, and they should present compatible design features and scale that are in keeping with the historic and unique character of Redhill." I kindly ask that you follow the Guiding Principle... The Spirit of Tomorrow, and deny the building of this monstrosity. Thank you for listening! I I �Ay ne-me- 'IS Ly V)n 1�1�SseV. Point 3) Secondary Unit, Accessory Unit or Granny Flat: The project, as currently approved by the Planning Commission does not meet the standard set by the City Council in 2004. *** Show the Resolution *** An Accessory Dwelling Unit is not allowed per the CC&R's Section 2.02 (Buildings). The CC&R's have been acknowledged and recognized by DRC, Planning Commission and the City Council Members in the past two appeals. CC&R's is a document that is currently required by our city's Municipal Code 16.18.060, as a condition for Submittal for City Approval of other parcels. Therefore the CC&R's should be incorporated in this project. We are aware of the State of California Assembly Bill 2299 for 65852.2 (a) (1) it states, "A local agency may, by ordinance, provide for the creation of accessory dwelling units in a single-family and multifamily residential zones." A local agency may ... may is not must. The State has legally permitted them, but not required them. It is not mandatory. And because the City Council has previously recognized this hillside area as exhibiting the distinctive residential character of the early development of the community, the "Second Dwelling" proposed for this project should not be approved. On October 10th, in preparation for the planning commission meeting, I printed a copy of the city's Title 17 Development Code regarding Second Dwelling Units (17.100.020), ***Show Development standards page*** ... and discovered the project did not meet the city's own development standards in 4 of the 11 listed. • The size of the second dwelling is larger than permitted • It does not have its own enclosed parking space, and ***show illustration page*** • It does not have a separate entrance from the main residence as required This information clearly makes the second dwelling non-compliant. But, sometime within the last 16 business days, that code was completely changed. Apparently, the applicant, architect, staff and Planning Commission must have been aware of the major adjustment, unfortunately, we were not. But I'm curious... how did the staff recommend approval and the Planning Commission grant approval on October 10, 2018 meeting when the Title 17 Development Code regarding Second Dwelling Units... had not been changed yet? We still maintain the CC&R's restriction of a Secondary Dwelling for these hillside lots is undisputable. This unit does not represent design features and scale that are in keeping with the distinctive character of this community. To further this point this proposed home size is Z 148 sgft larger than the next largest home on Camino Predera... and doesn't fit the character of the neighborhood We believe this project as presented, doesn't comply with the city's own General Design Principles and Policies, Development Standards and Codes as outlined here tonight. It is important to know that we are not opposed to the development of this lot or the remaining lots. We only desire the same consideration as our homes and projects have displayed in the past. In closing, we wish to share views. We expressed our objection to the unreasonable height and mass of the project during the DRC meeting. The architect then made changes to the structure. He reduced the height of the structure by a whole 6 inches. We are fighting the same fight, over and over. The original spirit and intent of Hillside Overlay and Grading Ordinance allows the neighbor's to experience the space that we enjoy. The massive structures that have been built recently, and the one proposed tonight, do not allow for that. In the past, and again with this project we have expressed the same concerns... at Neighborhood meetings, at the DRC and again at the Planning Commission. We feel and know our concerns are valid ... our concerns are politely listened to ... but are dismissed. We do all that is possible, given the late notification we receive, yet this is what we heard from Planning Commissioners..."This is Red Hill." "You have been here before and you will be here again on that kind of an issue, it's -going to happen, it is the nature of the hill, it's going to happen aaain and aaain." Thank you for listening, and we ask the Council's consideration and ask that you grant our appeal Good Evening, Mr. Mayor and City Council Members. My name is Maria Alamat. I live on Red Hill Country Club behind the proposed property that we are appealing. Some here this evening may be thinking oh wow here we go it's those whiners from Red Hill back at it again. Some believe the residents are against any form of building on Red Hill and as you have already heard this evening that simply is not the case. I am compelled to be here tonight to add a little color to what is happening and perhaps offer some much needed insight into what it is to be a resident of our beloved Red Hill neighborhood. 26 years ago my husband and I moved to California from Minnesota to start our careers and do our own a "California Dreamin. and lay down roots. We searched endlessly for a place to make our home; we were drawn to Rancho Cucamonga. We found our home in this amazing city.. our dreams were coming true and not just any dream, the American Dream! We loved Red Hill because it was not a cookie cutter like so many track homes. It was unique and had a historic character and charm plus friends had said the community was amazing. They were right. The cascade building approach was perfect. Everyone had a view! The developers must have recognized this back in 1978 almost 40 years ago as it creates and breeds good will between the neighbors. The houses are about 2800 -3,000 square foot split level homes. The properties cascade allowing for the natural beauty of the hill to flow and be one with nature. The tradeoff ... We have very steep driveways and no need for a stair master! Our home on Red Hill is our Dream come true Home. Not because of the size of the home it's because of the memories we have created and the lifelong friendships we have made in our neighborhood. The views are an added bonus. Our Red Hill Community is a tight knit community that embodies family values and fellowship with neighbors. We share meals, we celebrate birthdays, anniversaries, holidays and we travel together. We have been there in the middle of the night to help a sick elderly neighbor, we watch each other's houses, kids, pets and are each other's emergency contacts. The neighbors know where we hide the extra key! I am sharing all of this with you to give you a true glimpse into the nature of living on Red Hill. It's the embodiment of small town Americana, in a not so small city! We are so fortunate to live in an area where neighbors are truly caring and considerate neighbors reminiscent of a bygone era. The Red Hill neighborhood is quickly becoming a historical enclave in the city of Rancho. We should be working to preserve this while we still can. So, Mr. Mayor and City Council members the notion of a building a McMansion and pushing the city limits and doing what is perceived as selfish "view grab" versus a 'view share' in the name of a dream... is truly an affront to the neighbors. IThe neighborhood was not originally built this way. As mentioned earlier the neighborhood was built with homes cascading down the hill. The selfish "view grab" doesn't resonate with the residents and creates tension, discord and heartaches and does not align with the values of our community.. caring and consideration. It's not just about the view grab it's also about the view of an eyesore which we will be forced to live with next door and in our backyards. The view of a "granny flat" and a copper roof glaring into my windows with the morning, afternoon and evening sun. I don't want to think of the accidents on Red Hill as a result of the glare from this roof. All of our beautiful pools will now be shrouded with perpetual shade and darkness because of this proposed and approved monstrosity. This structure does not match with the homes in our community it will be an eyesore screaming from high up on the hill! It does not fit in! Compatable... not even close... a copper roof like really who does that??? Not a single one on Red Hill and I bet I would be hard pressed to find one anywhere in Rancho Cucamonga. A granny flat compatable... No... a 5,000 square foot home not close to our 2800. Only to haveit later sneekily disclosed oh by the way it's actually more like 7,000 sqaure feet on the same size lot as the neighboring homes ... compatible NOT!!!! This home should be built on a much larger piece of land perhaps up Beryl, or Haven. What makes this matter worse is that we have been told repeatedly over the years that a family is building their dream home only to see it be approved, erected and put up for sale. This is disparaging, how quickly do you sell off a dream??? The "dream home bill' the city has been sold and frankly duped with has happened again. The property on Camino Predera is up for sale! Dream I think not..profit yes! We have voiced our concerns repeatedly and have been forced to file costly appeals. We have been told by a member of the commission: oh you're from Red Hill you'll be back. Like we are a laughing stock or a joke! We ask that you take our concerns seriously, the residents and long term tax paying citizens. I beg you to take action and protect the charm and character of Red Hill; protect the dreams and homes of the current residents, not the pockets of those wishing to make only a profit versus being a part of the community. Please listen and vote yes and grant our appeal. koua -7/ 2019 0 f S u b,,-7, tfeY 0 17.06.020 Rules of interpretation. The planning director shall have the authority and responsibility to interpret terms, provisions, and requirements of this code and according to the following: A. Abbreviations. The following phrases, personnel, and document titles are shortened in this code: 1. City of Rancho Cucamonga = City. 2. Planning director = Director. 3. City council = Council. 4. Planning department = Department. B. Terminology. The following rules apply to all provisions in this code: 1. Language. The words "shall," "will," "is to," and "are to" and similar words and phrases are always mandatory. "Should" is not mandatory but is strongly recommended, and "may" is permissive. • 17.120.030 Building Design 2. r. "The height and bulk of the building shall not unduly block views and solar access of adjacent and other nearby buildings." -'' 17.122.020 Hillside development Section B. views- Preserve views.... • 17.120.010 Purpose "The structure and its relationship to other structures, uses, views, existing site condition, and pedestrian orientation should be the dominant factors in the design and orientation of buildings. • 17.122.040 Foothill Blvd. C.5. Views...."the critical requirement is that view opportunities be recognized and enhanced and that all proposed developments be designed to preserve and protect the desired view." • 17.120.020 Site Plan Design F.2. "...Minimize disruptions of existing ....and views" • 17.122.010 Residential Development D.2. g "orient the building to focus on good views" • 17.48.010 Purpose The purpose of this chapter to regulate the height and location of fences to provide light, air, and privacy without obstructing views, • Fencing ..."to enhance views". • Free standing garage shall be located so they do not disturb the primary view. AI \ Y. �w �", a - _ •cit r; r t CryG•Z'�.Ef[a� Ml.• t •� i.._ •. 'pie;t�z rr- ,rrt;�is•�a :^•' es --nim• f ja y a, mwm i v—c ' _ ��, �� •vim: . � ztt !EAW — �. momwo h c r x AWS. W ,; t MOM r '1 R+Sr,+'. 14 06— ka �,`` ja y a, mwm i v—c ' _ ��, �� •vim: . � ztt !EAW — �. c r x AWS. '1 R+Sr,+'. 14 06— ka �,`` ja y a, ' _ ��, �� •vim: . � ztt XAM - F k XAM i, V rY� . w i� i 4 r. Fm Public View Owner View 8068 Camino Predera LOT/LAND Rancho Cucamonga, cA $270f 000 Listed by. 91730 ®.28 acres AWESOME VIEW ....., SELLERS HAVE SUBMITTED PRELIMINARY PLANS TO BUILD A HOME ON A HILLSIDE,,,,,,, Facts and Features BUILDING Size ElevationUnits: Feet CONSTRUCTION Type and Style ��E)Lyr=1q-!.. '--s fizzy Martinez Recent sales (909)815-4999 Other Construction Features r 10 Public View Owner View i s1* f ry 1L .}.:' +4 . 4 8089 Camino Predera COMING SOON Rancho Cucamonga,, CA ■ ,000 Expected on market Nov 7. 91730 EST. MORTGAGE 0.54 acres $1, 597/mo This is a vacant land home. It is located at 8089 Get pre -qualified Camino Predera Rancho Cucamonga, California. Facts and Features CONSTRUCTION Type and Style Vacant Land EXTERIOR FEATURES CITY COUNCIL RESOLUTION NO. 04- ** DRC2003-00961 - STACHOW IAK July 7, 2004 Page 2 d. The properties to the northeast have been developed with single-family homes. The properties to the north, east, and west are presently vacant; and e. The site is vacant and contains no vegetation other than native shrubs and grasses with a row of mature Silk Oak trees along the south property line; and f. The applicants are proposing to develop a 3,628 square foot split level house on a lot that is subject to the City's hillside development regulations. 3. Based upon the substantial evidence presented to this Council during the above - referenced meeting and upon the specific findings of facts set forth in paragraphs 1 and 2 above. this Commission hereby finds and concludes as follows: a. That the Red Hill area exhibits the distinctive residential character of the early development of the community, and b. That the proposed design does not enhance, nor continue, the existing residential character of the Red Hill area, and C. That the proposed design does not fully address the hillside setting of the neighborhood, nor the standards and guidelines nor the hillside development ordinance. d. That the future development of Red Hili should present design features and scale that are in keeping with the historic character of the surrounding area. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3, above, this Council hereby reverses the action of the Planning Commission, and denies the application. 5. This Council hereby provides notice to Lynn and Renee Massey, the appellants, and Mike and Wendy Stachowiak, the applicants, that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of California Code of Civil Procedure Section 1094.6. 6. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mail, return -receipt requested, to Mike and Wendy Stachowiak and to Lynn and Renee Massey at the addresses identified in City records. 17.100.020 Development standards. Rancho Cucamonga_ Municipal Code Up Previous Next Main Title 17 DEVELOPMENT CODE ARTICLE V. SPECIFIC USE REQUIREMENTS Chanter 17.100 SECOND DWELLING UNITS 17.100.020 Development standards.* A)DUe7ba- 7 < )l rage l of 2 % ► g C 04 n C -f / •L If ase-� rchP n No Frames * CodeAlert: This topic has been affected by Ordinance No. 938. To view amendments and newly added provisions, please refer to the CodeAlert Amendment List. All second dwelling units shall comply with the following development standards: A. The unit may be constructed as an accessory building or attached to the primary residence on a parcel in single-family and multi -family residential districts. B. The unit is not for sale, but for rental purposes only or use by a member of the immediate family. C. The lot contains an existing single-family detached residence and does not contain a guesthouse. D. The permissibility and dimensions of a second dwelling unit varies indicated in Table 17.100.020-1 (Development Standards for Second Dwelling Units) below: TABLE 17.100.020-1 DEVELOPMENT STANDARDS FOR SECOND DWELLING UNITS Lot Size Permitted If Attached Maximum Size Height (Max) Less than 10,000 sf No - - 10,000 sf to 19,999 sf Yes 30% 640 sf 16 feet 20,000 sf and over Yes 30%(1) 950 sf 16 feet (2) Table notes: (1) Maximum square footage is limited to 30% of the square footage of the primary dwelling unit. (2) Height of an attached second dwelling unit may be equivalent to the height of the primary dwelling unit. E. The unit shall have a separate entrance from the main residence (see Figure 17.100.020-1). F. The unit shall not exceed a maximum of two bedrooms. G. The unit shall provide parking and access pursuant to chapter 17.64 (Parking and Loading Standards) and provide one enclosed parking space per unit. The enclosed parking space shall not be located in the required front or side yard setback for the primary unit (see Figure 17.100.020-1). H. The unit construction shall conform to the site development criteria applicable to accessory buildings or additions to the main residence in the base district in which the unit is located. I. The unit shall match the architectural style of the primary residence in design features, such as, but not limited to, material, colors, roofing, scale, surface treatments, and details. J. The unit shall conform to the Hillside and/or Equestrian Overlay District in which it is located, if applicable. K. The applicant shall submit to the building and safety department written certification from the affected water and sewer district(s) that adequate water and sewer facilities are or will be available to serve the proposed unit. For units using septic facilities allowable by the Santa Ana Regional Water Quality Control Board and the city, written certification of acceptability including all supportive information shall be submitted. l—._.ii___a_..-I__a_-.+—..,_I_.__.. .__iI :_....-1. fl+ -.-:--1"7 1 1nn 1"7 inn nnnD.P.._ 1n11n+'ln10 Code 1980, §I7.1.00.02U Ord. No. 855 § 4 2012 Attached Second Detached Second Dwelling Unit Dwelling Unit i. The unit shall prowde onr r enclosed parku,g space per unit The enclosed parking space(s) shall not be located in the required front or side yard setback for the primary unit. Pnmary Structure i primary Structure i 2 The unit shall have a i 0 separate entrance from 1 2 the main residence Garage 1 An attached unit shall not tA"detached unit shall not exceed thirty percent (3011•5) exceed 640 sf for 10.000 to of the square footage of the 19.999 sl lots and 950 sf for primary unit and shall not lots over 20,000 st in size exceed the height of the primary unit. Code 1980, §I7.1.00.02U Ord. No. 855 § 4 2012 APPEAL OF PLANNING COMMISSION DECISION DRC2018-00865 City Council November 7, 2018 sal - IF I� ed 71 _ 9 r 0 CITY OF RANCHO CUCAMONGA Project Background • The project was submitted in August 2016. • The project proposed a 6,175 square foot custom residential home and 674 square foot accessory dwelling unit (ADU) on an existing 12,044 square feet (0.28 acres) residential lot. • 3,637 sq.ft. enclosed living space, 1,317 sq.ft. patios, decks, and entryway, and 1,231 sq.ft. of garage and storage. • The application was deemed complete for processing in April 2018. • The applicant held the Neighborhood Meeting at Valley Vista Elementary School on May 22, 2018. • Residents attended the meeting and raised concerns with the project. Project Background On June 19, 2018 the Design Review Committee reviewed the project. The Planning Commission reviewed the project on October 10, 2018. After receiving public comments, the Planning Commission approved the project on a 4-1 vote (4 in favor, 1 against). Eleven residents jointly filed the Appeal on October 18, 2018 to review the Planning Commission decision to approve DRC2016- 00672. Project Site Overview • General Plan Designation: Low Residential • Zoning: Low (L) Residential District Hillside Overlay District (HOD) • Adjacent Land Uses: • Main House: 6,175 square feet • Accessory Dwelling Unit: 674 square feet Land Use Zoning North Single-family residence Low (L) Residential District South Vacant Low (L) Residential District West (Left) Single-family residence Low (L) Residential District East (Right) Single-family residence Low (L) Residential District • Main House: 6,175 square feet • Accessory Dwelling Unit: 674 square feet -- �TJ Existing Residence ? q' , EA4„NG rING1E 1_ �-- ,1,lll.. FAN LV RP5ICQJCE A�o�To�N�N LJ� iA P.VM � .�- —, - ti _ 4- �_� •___ � � �•��Lxce oA.. w"„:"��� arcaaa:eo o@Taa�m _ � �.� _ -RCC65M 5TRL-JrT.— Jy�- _ "r SECCNOOIVEL'JNC JF'T . Al F 2 Accessory :.•.... ,:;,....I Dwelling Unit. " ! — Proposed Existing — — - -§ - Home Residence —--------- Existing � I I - $T Residence N Project Overview (Main House) Lot coverage: 34% proposed (40% permitted) Setbacks: • Height: 30 feet proposed (30 feet permitted from adjacent finished grade) Front yard landscaping: 52% proposed (50% required) Proposed (ft) Min. Required (ft) Front 53 37 Rear 41 20 West (Left) 10 10 East (Right) 6.8 5 • Height: 30 feet proposed (30 feet permitted from adjacent finished grade) Front yard landscaping: 52% proposed (50% required) Project Overview (Accessory Dwelling Unit) • Setbacks: • Height: 15 feet proposed (16 feet permitted) • Size: 674 square feet proposed (1,200 square feet maximum per AB2299) Proposed (ft) Min. Required (ft) Front N/A N/A Rear 5 5 West (Left) 20 5 East (Right) 18 5 • Height: 15 feet proposed (16 feet permitted) • Size: 674 square feet proposed (1,200 square feet maximum per AB2299) Appeal Issues Residents proposed the following points be considered with the submitted Appeal: • Compatibility • Loss of Views • Accessory Dwelling Unit (ADU) Appeal Issue - Compatibility • Compatibility: "The project, as currently approved, is not compatible with existing homes in the Red Hill area. It does not follow the original spirit and intent of the Hillside Overlay and Hillside Grading Ordinance. The lot coverage is massive and there appears to be no requirement to provide for greater side yard setbacks as stated in the original Hillside Overlay criteria for this area. The proposed design does not enhance, nor continue the existing residential character of the Red Hill area." Staff Analysis - Compatibility • The proposed house meets all Hillside Design Standard and Guidelines Section 17.122.020 and of the Low (L) Residential District. • Although the home is 3 stories in height the 1St floor is partially subterranean. This element of the design retains the slope and lowers the finished pad, decreasing the overall finished height protecting views. • The enclosed livable square footage is 3,627 sq.ft. with patios, decks, and entryway an additional 1,317 sq.ft. with 1,231 square feet of garage and storage area on the subterranean 1St floor. • Homes along Camino Predera range from 2126 to 4,241 sq.ft. (largest home approved in 2003). Staff Analysis - Compatibility (cont.) • The finish floor elevation and height of the house is similar to surrounding houses. Property Finish Floor Elevation (Above Sea Level) Height (Above Sea Level) Subject Property 11352 ft 1,373 ft North 11372 ft 11392 ft West 11343 ft 11363 ft East 11359 ft 11385 ft 909, vn Pv d— p Rancho Qcemonge, Calrfomie (�. stre M--Aag S x CITY OF RANCHO CUCAMONGA F�t1F" _k ri t WN w7oil%k �� ��Fm� y��-- f. �• ��. Fo�ier'3'i. � �arrr. , �$>�-P�; CITY OF RANCHO CUCAMONGA Staff Analysis - Compatibility (cont.) • The architecture of the proposed house allows for its floor area to be larger without a corresponding increase in the visible mass of the structures; • The subterranean garage allows for the site to have 4,944 square feet of living space, while limiting the total lot coverage of the site to 34% (maximum 40% permitted); Staff Analysis - Compatibility (cont.) • The house complies with all objective standards, such as size, height, and setbacks. Average side yard setbacks along Camino Predera are 6 ft and 10 ft. (based on aerial map measurement); • The overall design is generally compatible with the residential character of the neighborhood. "nn"n:":i. Ross CITY OF RANCHO CUCAMONGA Appeal Issue- Loss of View • View: "The project, as currently approved, will create an unreasonable loss of view that will directly affect some neighbors. The city Development Code references numerous times, the importance of view preservation. The City Council, in past appeals, has also recognized such." Staff Analysis- Loss of View • Conforms to the Hillside Design Standards and Guidelines (Section 17.122.020) of the Development Code. • Hillside Design Standards and Guidelines Section 17.122.020 is not a view preservation ordinance. • The intent of Section 17.122.020 is to orient entire hillside neighborhoods to preserve the natural contours of hillsides and viewing opportunities. Line of sight from neighboring property 30' high maximum building "envelope" W W Rur npYUWM pCr Q553 REG HILL MINMY CL UB GR wWux�=�ttxc[� •�, �� M� Existing house (north) 'II_IIm''i I.I'p�.QI'{ellw�'u�I�I'�Y=� N hen II—II—Q�11 'I I F 4 Co erctlPrc yre II—II—II—II—IILMI - =u =I�=11 =II =II==II=II=ll1=U1—L1=11=L1=11-11—II—II—II—II—II—L– Q— I 11—J1—I�-11—J1—I�f—II—II—II—II—II—II—II—II—II—II—II—II—II—SII- i – � -u—1II-I�-III—III—II—II—II—III—II—II—II—II—II—II—II—II—II—II—II—I — � : 5 I�o I�-]1—J1-1�-11—J1-I�f-II—II—II—II—II—II—II—II—II—II—II—L.Q- -1U-II—II—II—II-1 m -II—II—II—II—II— II—II—II—II—II-II— Il - 1—J1—lIl—ID—II—ID—II—II—LIQ—II—II— I—II nII—II—II—IIII— —L u .n.ur -ul—m—m—m—m——m— rr�m—rrr— m—m—rrr— rl�—� I �Ioel�. I{]W F Existing grade/ground level Garage Sidewalk at Street North-South Section WN Staff Analysis - Loss of View (cont.) • The home was designed, consistent with the Hillside Design Standards and Guidelines, to limit view obstructions as much as possible: • Stricter height limit of 30 feet vs. 35 feet permitted in the Low (L) Residential District; • Flat -roof design, reducing the overall height of the home; • Split -floors and terracing of the home to follow the natural contours of the hillside; • Detached ADU, reducing the overall mass and scale of the home; • Partially subterranean garage, requiring adjacent grade to be lowered and reducing the overall height of the house; • Setbacks that exceed existing minimum setbacks permitted in the Low (L) Residential District. 30' high maximum Accessory building "envelope" dwelling unit Neighbor property deck area Appeal Issue- ADU • Accessory Dwelling Unit (ADU): "The project, as currently approved, does not comply with the city's own development standards (17.100.020). Furthermore, the Accessory Dwelling Unit (ADU) is not allowed per the CC&R's that are recognized by the city as a condition of a project submittal for city approval (16.8.060), and have also been acknowledged and recognized by DRC, Planning Commission and particularly by the City Council Members in past appeals." Staff Analysis -(ADU) • Senate Bill 1069 prohibits local governments from adopting an ordinance precluding ADUs. • Assembly Bill 2299 requires local governments to ministerialy approve ADUs if the unit complies with certain parking requirements and is less than 1200 square feet in size. • Assembly Bill 2299 takes precedence over the CC&Rs' prohibition of ADUs. • Assembly Bill 2299, however, does allow cities to adopt ADU regulations to limit height, setbacks and design. Staff Analysis - (ADU) (cont.) • On September 5, 2018 staff presented to City Council an ordinance to regulate ADUs in conformance with SB1069 and AB2299. The ordinance confirmed that ADUs would be subject to the City's current design standards, setbacks, height requirements and lot coverage requirements in lieu of the unrestricted guidelines of AB 2299. • The proposed ADU meets all affirmed Development Code standards, including: • Maximum height of 16 feet • Minimum side and rear setbacks of 5 feet • Lot coverage of less than 30% of rear yard area Other Items of Concern In addition to the appeal letter, staff received 5 letters of correspondence from residents in opposition to the project during the Planning Commission Hearing process. Addition items of concern raised included: • Covenants, Conditions, and Restrictions (CC&R's) • Consistency with the General Plan and Development Code Staff Analysis - Covenants, Conditions & Restrictions (CC&Rs) • CC&Rs were recorded for the 38 lots along Camino Predera in August 1988. • The CC&Rs limited construction of any improvements that would unreasonably obstruct the view from any other lot. However, the CC&Rs also recognize the potential for future improvements to obstruct existing views. • CC&Rs are private restrictions and requirements placed on lots of a subdivision. City may review CC&R's, the City has no standing to enforce the CC&Rs. • Section 2.04 and 5.02 in the CC&R's specifically outline procedures for resolving view obstruction disputes with between owners. City cannot legally enforce these CC&R's. Staff Analysis - General Plan Consistency • The project is consistent with the Guiding Principles, Goals and Policies of the General Plan. • The Guiding Principles are vision statements that are general in nature that were set by the community for the development of the City. The Guiding Principles guide the development of standards and guidelines in documents like the Development Code. • Projects that conform to the Development Code standards are therefore consistent with the Guiding Principles in the General Plan. General Plan Consistency (cont.) • The Goals and Policies within the General Plan guide general development patterns in the City. • The General Plan's Goal and Policies contain hillside development guidelines to protect visually attractive hillsides through the regulation of new developments. • The Goal and Policies recognize that the Development Code and the Hillside Design Standards and Guidelines contain a comprehensive set of hillside development regulations. These regulations provide specific requirements that projects must adhere to. • The Project conforms to all Development Code and Hillside Design Standards and Guidelines. Alternative Recommendations • The proposal meets objective technical and design standards and guidelines described in the Development Code, such as size, height, and setbacks; • However, the project's architectural style, aesthetic features & compatibility with the neighborhood is a subjective measure; • The City Council may conclude that the proposed project is not compatible with nearby homes in the Red Hill neighborhood; Alternative Recommendations (cont.) • The following are potential reasons for concluding that the project is not compatible: • The contemporary architecture of the house is too different from the architecture of the neighboring houses throughout Red Hill; • The floor area of the entire project (6,849 square feet) is too large relative to the average floor area (4,241 square feet) of all the houses along Camino Predera that have been built since 2003; Alternative Recommendations (cont.) • The proposed house has three stories, as seen from the street, while the other houses are either one-story or two-story structures; • The 3 -car garage exceeds the Development Code requirement for a 2 -car garage. Many of the other houses in Red Hill only have a 2 -car garage. Public Noticing & Correspondence • Staff notified all property owners in accordance with the Development Code requirements. • Staff received written correspondence from 1 resident on October 31, 2018. The correspondence re -iterated opposition to Planning Commission approval of Hillside Design Review DRC2016-00672. Environmental Determination This item is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA guidelines under CEQA Section: 15303 — New Construction or Conversion of Small Structures. Conclusion Staff recommends the City Council hear the appeal, receive public testimony, review the decision of the Planning Commission to approve Hillside Design Review DRC2016-00672, and direct staff to prepare a resolution for one of the following: Uphold the decision of the Planning Commission to approve Hillside Design Review DRC2016-00672, and deny the appeal that was filed; Approve the Appeal of the Planning Commission Decision DRC2018-00865, and deny the approval of Hillside Design Review DRC2016-00672; Continue the public hearing to allow the applicant time to work with Staff on revisions and return it to the City Council for further review at an unspecified date in the future. se.,v rr. u.a iw s�. w 2D - 1st. R. Illll�li+INl�lkll�ll!1 I� II �I� II II CITY OF RANCHO CUCAMONGA 30' high maximum building "envelope," Existing house EMC (west) IMW L South Elevation Line of sight from neighboring property W p.y11i npYUWrc per —UPHILL SUHMV CLUB nr .nn .row....w.wx.m I— ,inr5 It:. ..�.. Existing house (north) _.. ru-m M ET-II-I�M IITIIT Existing grade/ground level 11 RGY—INDPRE— Existing house (west) North-South Section Qx ►A1 East-West Section 30' high maximum building "envelope" 1.11.11. • .-.Ii1.L1.L�� F; eesoc U1ros0io oRM1RV�Y � � naorcak,w. 1 .[I c�navir1r 4 •l .I Sidewalk at Street 4Jr .N = Existing house (east) Blue Compass Plan Consistency • The "Compass Blueprint" is a document that was cited in the Draft Program Environmental Impact Report that was prepared for the 2010 General Plan Update. • The Compass Blueprint was prepared by the Southern California Association of Governments (SCAG). The document is for the purpose of transportation planning on a regional level. • The document was not designed to regulate specific, local -level projects such as the proposed project. •�1 DATE: November 7, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Donny Mahoney, Chief of Police Noel Wilterding, Administrative Lieutenant Karen Hunt, Sheriff's Service Specialist Ruth Cain, CPPB, Procurement Manager SUBJECT: CONSIDERATION TO APPROVE A CONTRACT EXTENSION WITH LEVERAGE INFORMATION SYSTEMS FOR ONE ADDITIONAL YEAR THROUGH JUNE 30, 2019, TO COMPLETE FOUR PUBLIC SERVICE VIDEO NETWORK (PSVN) PROJECTS FOR AN AMOUNT NOT TO EXCEED $133,000. RECOMMENDATION: Staff recommends the City Council approve the extension of CO#13-023 for one additional year through June 30, 2019 for the purchase of Public Safety Video Network (PSVN) cameras and equipment and appropriate funding as follows to do so: • $15,500 from the 2016 and 2017 Homeland Security Grant for cameras and equipment to replace and/or supplement cameras at the Cultural Center • $55,000 from Law Enforcement Reserve Funds to bring the Public Works Yard online with the PSVN system • $58,000 from the Law Enforcement Reserve Fund to fund twelve replacement cameras at eleven intersections in the Victoria Gardens area. BACKGROUND: In 2013, the City Council authorized the initial phase of the PSVN which was installed around the Victoria Gardens Shopping mall. In the years that followed, the PSVN has expanded to other locations including the Metrolink Parking Facility, City Hall, the Rancho Cucamonga Public Libraries, and all four high schools located within the city. The Cultural Center and Public Works Yard are two City locations that need to be brought into the PSVN system. Recent activity like arson at Central Park bring to light how vulnerable any location can be to crime. The camera system will provide another layer of security both as a deterrent and to aid in capturing evidence should a crime occur. The 5 -year-old cameras at the Victoria Garden intersections are both at end of life, they are no longer being covered by warranty and they are now producing poor quality surveillance footage. These cameras can be replaced with newer, higher quality cameras that will have an increased likelihood of capturing a crime in an area that gets many visitors. Page 298 ANALYSIS: The proposed project specifics are described as follows: • Cultural Center — the City's vendor will install three channel encoders to connect with the 48 existing analog cameras and replace nine poor quality dome cameras. • Public Works Yard - the City's vendor will install a roof mounted Siklu Wireless radio, two channel encoders to connect the 16 existing analog cameras, and add three new cameras. • Victoria Gardens' intersections - replace 12 point -tilt -zoom cameras at 11 intersections with new high quality 180 degree cameras. SINGLE SOURCE VENDOR - LEVERAGE INFORMATION SYSTEMS Leverage Information Systems is named as a single source Public Service Video Network (PSVN) camera vendor for the City of Rancho Cucamonga. Numerous network components have been purchased through Leverage for the PSVN. Their Cisco Gold Partner status provides us discounted pricing and they currently support the network devices associated with the PSVN. For the sake of simplicity and streamlining of ongoing maintenance and support of these components, Leverage Information Systems is the single source vendor for these purchases. FISCAL IMPACT: Cultural Center Project has a one-time cost of $15,500 and includes all parts, installation materials, freight, labor and onsite support for three years. The 2016 and 2017 Homeland Security Grant (1381701-5603) is allocated for PSVN equipment and projects. The Public Works Yard Project has a one-time cost of $55,000 from the Law Enforcement Reserve Funds (1017701-5603) and includes all parts, installation materials, freight labor and onsite support for three years. The Victoria Gardens' Intersection Camera Replacement Project has a one-time cost of approximately $58,000 from the Law Enforcement Reserve Fund (1017701-5603) and includes all parts, installation materials, freight labor and onsite support for three years. COUNCIL GOAL(S) ADDRESSED: This item addresses City Council Goal of Public Safety as these projects will allow the City of Rancho Cucamonga to continue to develop its PSVN public safety program. Page 299 •�1 DATE: November 7, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Donny Mahoney, Chief of Police Noel Wilterding, Administrative Lieutenant Karen Hunt, Sheriff's Service Specialist SUBJECT: CONSIDERATION OF THE PURCHASE OF FIXED POSITION AUTOMATIC LICENSE PLATE READER CAMERAS TO BE INSTALLED AT CARNELIAN STREET AND 19TH STREET FROM VIGILANT SOLUTIONS IN THE AMOUNT OF $133,400. RECOMMENDATION: Staff recommends the City Council approve the purchase of fixed position automatic license plate reader (ALPR) cameras in the amount of $133,400 to be installed at Carnelian Street and 19th Street from Vigilant Solutions as a sole source vendor. BACKGROUND: In the fall of 2014, the Police Department, with the approval of the City Council, embarked on an initial deployment of both mobile and fixed ALPR cameras. The patrol fleet was equipped with ten 4 -camera mobile ALPR platforms and the intersections located just north of the Interstate 210 off ramps were equipped with fixed camera platforms. Data from these cameras is loaded into a shared database maintained by the San Bernardino County Sheriff's Department and is used routinely to search for a variety of felony subjects associated with criminal activity occurring within the region. These cameras have proven to be very effective in the solving of felony crimes since their deployment in the spring of 2015. ANALYSIS: The proposed installation is an expansion of the existing ALPR footprint envisioned for the City of Rancho Cucamonga. The equipment at Carnelian Street and 19th Street will monitor east and westbound traffic on 19th Street and north and southbound traffic on Carnelian Street. The data from these cameras will continue to be used to investigate and solve crimes occurring within the region. SOLE SOURCE VENDOR—VIGILANT SOLUTIONS The San Bernardino County Sheriff's Department named Vigilant Solutions as the sole source vendor for ALPR related technology in mid -2014. As a result, the Rancho Cucamonga Police Department was obligated to use Vigilant Solutions for the initial deployment of ALPR equipment. Since that initial deployment, Vigilant has proven itself to be a reliable vendor with a well-functioning solution that meets and exceeds our needs. As noted Page 300 above, this proposed deployment is an expansion of the initial deployment and as such relies on the existing components and technology which is unique to this vendor. FISCAL IMPACT: Funding for this project was included in the FY 2018/19 Adopted Budget in the Law Enforcement Reserve Fund 1017701-5603, but at an amount of $121,400. Since the initial quote, it was determined to be more beneficial to increase the warranty and camera license keys (CLK) from three years to five years. This change increased the project amount to $133,400. A separate ALPR project was budgeted for Foothill and San Bernardino Road for $130,000. This intersection proved too difficult to obtain good camera coverage and as a result too expensive to implement this fiscal year. A quote for an alternate location will be available and submitted for installation next fiscal year. Due to the Foothill and San Bernardino intersection project being put on hold, no additional appropriation is requested for this project. Recurring costs for the hosted data storage will apply as additional cameras are added to the system. These recurring costs will be included in the Police Department's operating budget. COUNCIL GOAL(S) ADDRESSED: This item addresses City Council Goal of Public Safety; this project will allow the Police Department to continue to develop its ALPR public safety program by bringing a busy intersection on board with the ALPR system. ATTACHMENTS: Description Vigilant Quote KRO-0196-05 Page 301 VILOILAN T 8 0 U T 1 O N 5 Quote For: City of Rancho Cucamonga Budgetary Fixed LPR 19th and Carnelian Quoted By: Vigilant Solutions, LLC Greg Mills Date: 03-07-18 Be Smart. Be Safe. Be Vigilant. Page 302 PROJECT QUOTATION We at Vigilant Solutions are pleased to quote the following systems for the above referenced project: Qty Vigilant LLC Bemart. Besafe. (1) 1 1152 Stealth Street Vigilant Fixed LPR Camera with Integrated Smart Processor Y1C31L� N7 u u T P a"' Livermore, California 94551V0 Vigilant. Y 1 . (P) 858-287-0067 • Integrated (Internal) solid state DSP Smart processor units - No moving parts Attention: City of Rancho Cucamonga Date 3/7/2018 Project Name: Budgetary Fixed LPR 19th and Carnelian Quote Number: KRO-0196-05 PROJECT QUOTATION We at Vigilant Solutions are pleased to quote the following systems for the above referenced project: Qty Item # Description (1) Fixed Camera LPR Vigilant Fixed LPR Camera with Integrated Smart Processor Subtotal Price (Excluding sales tax) SYS -1 Hardware: (8)VSF-075-H-RE • Integrated (Internal) solid state DSP Smart processor units - No moving parts o Plug-N-PlaylP based camera with Power Over Ethernet (POE) • Includes field installed J -Box • 75m LPR Camera(s)with IR and Color video o Includes RAM mounting bracket Software: • Direct connectto Vgilant's nationally hosted LEARN LPR data server o Includes CarDetector LPR software for local server hosting • LPR vehicle license plate scanning /real time alerting o Full suite of LPR tools including data analytics Subtotal Price (Excluding sales tax) $58,400.00 Qty Item # Description (4) BCAE1 F2 -V Four Camera Reaper Communications Box with cellular router and Verizon Modem - two Subtotal Price (Excluding sales tax) $840.00 cable glands • Complete communications and power management solution forup to four (4) Reaperfixed cameras • Includes power management and voltage protection for all com ponents, as well as a router for cellular communications between the cameras and the agencys LEARN account • Includes Verizon modem • Private Wi-fi access pointforadministrative access to cameras • Integrated GPS with integrated NTP server for accurate time stamps on all detections • Enclosed in a vented NEMA 3R enclosure with fan for cooling • Operational temperature spec -20C to 50C ambient • Two cable glands; one for power, one 3/4" for CAT5 Subtotal Price (Excluding sales tax) $14,400.00 Qty Item # Description (4) REAPER -CAM -CBL- REVB-30FT Reaper SD Camera Cable • 30FTcable for ReaperSD cameras Subtotal Price (Excluding sales tax) $840.00 Page 1 of 4 Page 303 Qty Item # Description (4) REAPER -CAM -CBL- REVB-60FT Reaper SD Camera Cable • 60FTcable for SD Reaper cameras Subtotal Price (Excluding sales tax) $1,200.00 Qty Item # Description (8) VS -FX -UNI -POLE- WALL-BRKT REV B Fixed LPR Camera Bracket • Pole or Wall Mount - UPR ARM ASSY POLE & WALL MOUNT BLK REV B Subtotal Price (Excluding sales tax) $2,792.00 Qty Item # Description (1) VS -SUBLET -INS Installation of 8 Reaper fixed cameras and 4 communication boxes Subtotal Price (Excluding sales tax) $15,225.00 Qty Item # Description (8) CDFS-4HWW Fixed Camera LPR System - Extended Hardware Warranty - Year 2 through 5 • Fixed LPR System LPR hardware component replacement warranty • Applies to 1 -Channel hardware system kit • Valid for 4 years from standard warranty expiration Subtotal Price (Excluding sales tax) $16,000.00 Qty Item # Description (1) VS -LEARN --H Vigilant Hosted/Managed Centralized LPR server via LEARN • Vigilant hosted/managed LEARN account o Central repositoryfor all LPR data acquired by each LPR system • Includes Vigilant's suite of LPR data analytics via online web access o Automated CarDetectorsoftware update management Subtotal Price (Excluding sales tax) $10,000.00 o Plate searching, mapping, data mining utilities o Stakeout, Associate Analysis and Locate Analysis o Full administrative securitywith managementauditing • Plug-N-Playan unlimited numberofCarDetectorLPR systems o Requires NO server hardware, NO server maintenance • Requires Vigilant Enterprise Service Agreement contract Subtotal Price (Excluding sales tax) $0.00 Qty Item # Description (5) VSBSCSVC-04 Vigilant LPR Basic Service Package for Hosted/Managed LPR Deployments • Managed/hosted server account services by Vigilant o Includes access to all LEARN and CarDetector software updates • Priced per camera peryear for over 60 total camera units • Requires new/existing Enterprise Service Agreement(ESA) Subtotal Price (Excluding sales tax) $10,000.00 Page 2 of 4 Page 304 Qty Item # Description (1) TAS -UL Target Alert Service - LPR Alert Delivery Software - Unlimited User Subtotal Price (Excluding sales tax) $6,016.48 • Real Time LPR notification and mapping software sends LPR alerts to any in -network PC • Send Alerts over any communication protocol including LAN, WAN, internet wireless, etc. Subtotal Price (Excluding sales tax) $1,200.00 • Server Client software compatible with all Vigilant CDFS applications Subtotal Price (Excluding sales tax) $0,00 Qty Item # Description (8) SSU -SYS -COM Vigilant System Start Up & Commissioning of 'In Feld' LPR system Subtotal Price (Excluding sales tax) $6,016.48 •Vigilant technician to visit customersite • Includes system startup, configuration and commissioning of LPR system Subtotal Price (Excluding sales tax) $1,200.00 • Applies to mobile(1 System)and fixed (1 Cam era) LPR systems Subtotal Price (Excluding sales tax) $6,800.00 Qty Item # Description (1) VS-TRVL-01 Vigilant Travel via Client Site Visit Subtotal Price (Excluding sales tax) $6,016.48 • Vigilant certified technician to visit clientsite • Includes all travel costs for onsite supportservices Subtotal Price (Excluding sales tax) $1,200.00 Qty Item # Description (8) VS-SHP-02 Vigilant Shipping & Handling Charges Subtotal Price (Excluding sales tax) $6,016.48 • Applies to each fixed camera LPR System • Shipping Method is FOB Shipping Subtotal Price (Excluding sales tax) $440.00 Qty Item # Description (1) Tax Tax at 7.75% on equipment Subtotal Price (Excluding sales tax) $6,016.48 Quote Notes: 1. All prices are quoted in USD and will remain firm and in effect for 60 days. 2. No permits, start-up, installation, and or service included in this proposal unless explicitly stated above. 3. Software is manufactured under strict Vigilant Solutions standard. 4. Compliance to local codes neither guaranteed nor implied. 5. All orders subject to credit acceptance by Vigilant Solutions management. 6. This Quote is provided per our conversation & details given by you - not in accordance to any written specification. 7. This Quote does not include anything outside the above stated bill of materials. 8. Price includes 5 years of Hosting Fees (CLK fees) 9. Price includes 5 years of extended hardware warranty 10. Work to be performed between Monday -Friday 8-5pm 11. Permit costs are the responsibility of the customer 12. City to provide available easy accessibe 120 constant power source at the intersection Page 3 of 4 Page 305 Quoted by: Greg Mills - 858-287-0067 - greg.mills@vigilantsolutions.com Total Price (Excluding sales tax) 1 $133,313.48 Page 4 of 4 Page 306