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HomeMy WebLinkAbout2018-06-20 - Agenda PacketAGENDA FIRE PROTECTION DISTRICT BOARD -HOUSING SUCCESSOR AGENCY - SUCCESSOR AGENCY -PUBLIC FINANCING AUTHORITY -CITY COUNCIL Wednesday, June 20, 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 CITY MANAGER John R. Gillison MAYOR PRO TEM Lynne B. Kennedy CITYATTORNEY James L. Markman COUNCIL MEMBERS William Alexander CITY CLERK 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 .A.% INFORMATION FOR THE PUBLIC [ UCAMONGA TO ADDRESS THE FIRE BOARD, HOUSING SUCCESSOR AGENCY. SUCCESSOR AGENCYY, 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 City's 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 JUNE 20, 2018 FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY, HOUSING SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITYAND CITY COUNCIL AGENDA D1. CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION (RCCEA) AND TEAMSTERS LOCAL 1932. — CITY D2. 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 DAN DE LA PAZ, REPRESENTING THE PROPERTY OWNER; REGARDING PRICE AND TERMS. — CITY D3. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) — SOUTHWEST VOTERS REGISTRATION EDUCATION PROJECT AND LOUISA OLLAGUE V. CITY OF RANCHO CUCAMONGA; CASE NO. CIVRS 1603632. — CITY D4. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1) — CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS, DIVISION OF OCCUPATIONAL SAFETY AND HEALTH; CITATION AND NOTIFICATION OF PENALTY, CSHO ID H2O40, INSPECTION #1281145. - CITY Page 3 D5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTH WEST CORNER OF BASE LINE ROAD AND DAY CREEK BOULEVARD AS PARCEL NUMBERS 1089-031-360000; NEGOTIATING PARTIES CITY MANAGER JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND STEVE PONTELL REPRESENTING DAY CREEK SENIOR HOUSING PARTNERS, LP; REGARDING PRICE AND TERMS.—CITY D6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTH WEST CORNER OF CIVIC CENTER DRIVE AND HAVEN AVENUE AS PARCEL NUMBERS 0208-331-47-0000 AND 0208-331-40-0000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KEN WARD REPRESENTING UNITED STATES MARSHALS SERVICE; REGARDING PRICE AND TERMS. — CITY 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. 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 Al. Presentation of Certificate of Recognition to Hamilton Family Brewery for Hosting the "Beer Kitty --- Kitty" Pet Adoption Event and Fundraiser. A2. Presentation of Certificates of Recognition to Sponsors of the Ron Ives Bicycle Rodeo. --- A3. Announcement of the 2018/19 Season at the Lewis Family Playhouse. 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 Page 4 Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council from addressing any issue not previously included on the Agenda. The Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. C1. Consideration of Meeting Minutes: Special Meeting of June 7, 2018. 10 C2. Consideration to Receive and File Current Investment Schedule As of May 31, 2018. 12 C3. Consideration to Approve Bi -Weekly Payroll in the Amount of $613,461.55 and Weekly Check 19 Registers in the Amount of $503,471.29 Dated May 29, 2018 Through June 11, 2018. C4. Consideration of Approval of a Resolution Adopting Fire District Salary Schedules for Fiscal Year 28 2018-19. RESOLUTION NO. FD18-004 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA 30 FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, APPROVING SALARYSCHEDULES FOR FISCAL YEAR 2018-19 D1. Consideration to approve Amendment No. 2 to a Disposition, Development and Loan Agreement between the City of Rancho Cucamonga in its capacity as the Housing Successor to the Rancho 37 Cucamonga Redevelopment Agency, and Day Creek Senior Housing Partners, LP for a 140 -unit affordable senior housing project to be developed west of Day Creek Boulevard and north of Base Line Road. (APN 1089-031-36) Page 5 G1. Consideration of Meeting Minutes: Regular Meeting of May 2, 2018 and Special Meeting of June 43 7, 2018. G2. Consideration to Approve Bi -Weekly Payroll in the Amount of $1,114,755.13 and Weekly Check 46 Registers in the Amount of $6,369,109.81 Dated May 29, 2018 Through June 11, 2018. G3. Consideration to Receive and File Current Investment Schedule As of May 31, 2018. 55 G4. Consideration of License Agreement Renewal with the County of San Bernardino for Roof Space 67 at the County Superior Court for Public Safety Video Network Communications Equipment. G5. Consideration to Approve a Resolution Confirming Unpaid Weed and Fire Hazard Abatement 77 Fees and Authorizing a Special Assessment on Affected Parcels on the Next Tax Roll. RESOLUTION NO. 18-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA 79 CONFIRMING AN ITEMIZED WRITTEN REPORT SHOWING THE ACTUAL COSTS OF WEED AND FIRE HAZARD ABATEMENT FOR EACH SEPARATE PARCEL OF LAND AS REQUIRED BY CALIFORNIA GOVERNMENT CODE SECTION 39574, PROVIDING THAT EACH SUCH COST OF ABATEMENT SHALL CONSTITUTE A SPECIAL ASSESSMENT AGAINST EACH LISTED PARCEL OF LAND PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 39577, AND PROVIDING FOR THE FILING OF SAID REPORT WITH THE COUNTYAUDITOR G6. Consideration of a Contract with All American Asphalt in an Amount of $347,500, Plus a 10% 84 Contingency, and an Appropriation in the Amount of $416,506 from the Measure I Fund for the Fiscal Year 2017/18 Non -Local Pavement Rehabilitation Project for Haven Avenue. G7. Consideration of an Increase in Construction Contingency and an Additional Appropriation of 89 $144,100 from the Transportation Fund (Fund 124) for Fiscal Year 2016/17 Installation of Four (4) Traffic Signals at Various Locations Project. G8. Consideration of an Agreement with San Bernardino County Transportation Authority (SBCTA) for AB 2766 Mobile Source Reduction Review Committee (MSRC) Signal Synchronization 91 Partnership Program for the Integration of Ramp Traffic Signals at Three Existing Freeway Interchanges into City's Existing Coordinated Arterials. G9. Consideration of a Schedule LS -1 Option E Agreement with Southern California Edison for LED 102 Conversion of Streetlights on SCE -Owned Poles and authorize the City Manager to execute the Agreement. G10. Consideration to Accept Public Improvements on the West Side of Pittsburgh Avenue, North of 110 5th Street Related to Case No. DRC2015-00402 as Complete, File the Notice of Completion and Authorize Release of Bonds. G11. Consideration of a Contract with R.J. Noble Company in an Amount of $1,664,854, Plus a 10% Contingency, and a Budget Transfer in the Amount of $1,000,000 in Road Maintenance and 113 Rehabilitation Account Funds From the Local Streets Pavement Rehabilitation at Various Locations Project to the Fiscal Year 2017/18 SB1 Non -Local Pavement Rehabilitation Projects for Jersey Boulevard and 6th Street. G12. Consideration of a Resolution to Ratify a Baseline Agreement with the California Transportation Commission; Approving a Master Agreement and Program Supplement Agreement with the 119 California Department of Transportation for the Etiwanda Avenue Grade Separation Project Located Between Whittram Avenue and Napa Street; and Authorizing the City Manager or His Designee to Approve and Execute Project Related Documents with the CTC and Caltrans. RESOLUTION NO. 18-042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, 152 Page 6 RATIFYING A BASELINE AGREEMENT WITH THE CALIFORNIA TRANSPORTATION COMMISSION; APPROVING A MASTER AGREEMENT AND PROGRAM SUPPLEMENT AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE ETIWANDA AVENUE GRADE SEPARATION PROJECT LOCATED BETWEEN WHITTRAM AVENUE AND NAPA STREET; AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE TO APPROVE AND EXECUTE PROJECT RELATED DOCUMENTS AND AGREEMENTS WITH THE CALIFORNIA TRANSPORTATION COMMISSION AND THE CALIFORNIA DEPARTMENT OF TRANSPORTATION G13. Consideration of an Increase in Construction Contingency and an Additional Appropriation in the Amount of $187,430 from the Transportation Fund (Fund 124) for the Construction of the Hellman 154 Avenue and 8th Street Widening, Traffic Signal, and at -Grade Improvements at the Metrolink Tracks Project. G14. Consideration of the Purchase of One Replacement CNG Ten Wheel Dump Truck in the Amount 156 of $219,290. G15. Consideration of Approval of a Resolution Adopting Salary Schedules for Fiscal Year 2018-19. 158 RESOLUTION NO. 18-043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, 160 CALIFORNIA, APPROVING THE SALARY SCHEDULES FOR FISCAL YEAR 2018-19 H1. Second Reading and Adoption of Ordinance No. 931, Amending the Rancho Cucamonga Municipal Code to Update the Appointment of an Administrative Hearing Officer, Permit, Fee and 172 Appeal Requirements for Taxicab Services, Sales of Goods or Merchandise from Vehicles and Charitable and Noncharitable Solicitation Permits. ORDINANCE NO. 931 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, SECOND READING AND ADOPTION OF ORDINANCE NO. 931, AMENDING THE RANCHO CUCAMONGA 173 MUNICIPAL CODE TO UPDATE THE APPOINTMENT OF AN ADMINISTRATIVE HEARING OFFICER, PERMIT, FEE AND APPEAL REQUIREMENTS FOR TAXICAB SERVICES, SALES OF GOODS OR MERCHANDISE FROM VEHICLES AND CHARITABLE AND NONCHARITABLE SOLICITATION PERMITS AND MAKING FINDINGS IN SUPPORT THEREOF 11. Consideration to Adopt an Urgency Interim Zoning Ordinance Establishing a Moratorium on the 176 Establishment or Expansion of Car Washes for a Period of 45 Days. URGENCY ORDINANCE NO. 932 AN INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ENACTED PURSUANT TO GOVERNMENT CODE 216 SECTION 65858 ESTABLISHING A MORATORIUM ON THE ESTABLISHMENT OR EXPANSION OF CAR WASHES, DECLARING THE URGENCY THEREOF, AND MAKING A DETERMINATION OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITYACT J1. Consideration to approve the federally required Fiscal Year 2018-2019 Annual Action Plan, which 219 includes the section of Community Development Block Grant (CDBG) funded activities, based on a grant allocation of $960,759.00. J2. Consideration to Conduct First Reading and Introduce Ordinance No. 930, Amending Title 17 of 276 the Municipal Code to Revise Sign Regulations for Public Property. Page 7 ORDINANCE NO. 930 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, 286 CALIFORNIA AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING SIGNS ON PUBLIC PROPERTYAND THE PUBLIC RIGHT OF WAY J3. Consideration of: (1) Addendum to the Victoria Gardens Final Environmental Impact Report (EI R) 292 and Supplemental Environmental Impact Report (SEIR) SCH No. 2001031028; (2) General Plan Amendment DRC2017-00969; (3) Victoria Gardens Master Plan Amendment DRC2017-00971; (4) Parcel Map 19963; (5) Ground Lease Agreement between the City of Rancho Cucamonga, and Rancho Mall NE, LLC; and (6) First Reading and Introduction of Ordinance No. 933 to Approve the Fourth Amendment to Development Agreement DA01-02 between the City of Rancho Cucamonga, Rancho Mall, LLC and Rancho Mall NE, LLC DRC2017-00970. The items will facilitate development of a future public parking lot and/or parking structure and a police substation on undeveloped land currently designated for residential land use at the northeast corner of Arbor Drive and Cultural Center Drive (APN 109053106). RESOLUTION NO. 18-044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, 352 CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT DRC2017-00969 TO AMEND TABLE LU -2 (VICTORIA GARDENS/VICTORIA ARBORS LAND USE MIX) TO RELOCATE THE DEVELOPMENT POTENTIAL OF 95 DWELLING UNITS FROM THE RESIDENTIAL AREA TO THE MAIN STREETAREA IN THE VICTORIA GARDENS MALL RESOLUTION NO. 18-045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA GARDENS MASTER PLAN AMENDMENT 357 DRC2017-00971 TO REZONE A VACANT 5.33 -ACRE PARCEL (APN: 109053106) FROM RESIDENTIAL TO CIVIC/PARKING AREA AND MODIFYING VARIOUS LANGUAGE IN THE MASTER PLAN TO ALLOW THE FUTURE DEVELOPMENT OF A PUBLIC PARKING LOT/STRUCTURE AND POLICE SUBSTATION ON THE PARCEL; AND TO REALLOCATE 95 DWELLING UNITS FROM THIS PARCEL TO THE MAIN STREET AREA FOR THE DEVELOPMENT OF VICTORIA GARDENS, GENERALLY BOUNDED BY CHURCH STREET TO THE NORTH, FOOTHILL BOULEVARD TO THE SOUTH, I-15 TO THE EAST, AND DAY CREEK BOULEVARD TO THE WEST. ORDINANCE NO. 933 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FOURTH AMENDMENT TO DEVELOPMENT 362 AGREEMENT 01-02, BETWEEN THE CITY OF RANCHO CUCAMONGA, RANCHO MALL, LLC, AND RANCHO MALL NE, LLC, TO FACILITATE THE TIMING AND DEVELOPMENT OF A PUBLIC SAFETY FACILITY ON A VACANT 5.33 ACRE PARCEL (APN: 109053106) AND TO INCORPORATE GENERAL PLAN AMENDMENT DRC2017-00969 AND VICTORIA GARDENS MASTER PLAN AMENDMENT DRC2017-00971 FOR THE DEVELOPMENT OF VICTORIA GARDENS, GENERALLY BOUNDED BY CHURCH STREET TO THE NORTH, FOOTHILL BOULEVARD TO THE SOUTH, 1-15 TO THE EAST, AND DAY CREEK BOULEVARD TO THE WEST RESOLUTION NO. 18-046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING FINAL PARCEL MAP PM19963 TO SUBDIVIDE A 5.33 -ACRE 392 LOT INTO 2 PARCELS LOCATED GENERALLY NORTH OF THE VICTORIA GARDENS CULTURAL CENTER ON THE NORTHEAST CORNER OF ARBOR DRIVE AND CULTURAL CENTER DRIVE IN THE VICTORIA GARDENS MALL Page 8 L1. Consideration of the City Council Library Subcommittee's Recommendation to Appoint a New 397 Member, Noelia Chapa, to the Library Foundation Board of Directors. L2. Designation of Voting Delegates and Alternates for the League of California Cities Annual 398 Business Meeting. L3. COUNCIL ANNOUCEMENTS (Comments to be limited to three minutes per Council Member.) L4. INTER -AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) Notice of Meeting Cancellation The July 4th Regular Meetings are Cancelled due to Holiday. 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 9 2018 Ron Ives Memorial Bicycle Safety Rodeo Deputy Chad Foytik Deputy Daniel Smith Deputy Melissa Harrison Local business partners • Mike Leyva - • Mike Wheeler - • Richard Barba - • Anne Quinn - • Laura Acosta - • Mike Hassan - • Chris Kirk - Steve's Towing Albertson's Foothill &Vineyard Certified Towing IHOP Rancho Cucamonga Pepe's Towing Armada Towing Statewide Towing • Kelley Donaldson - RCFD r, J 51 x. r.�. o A CITY OF RANCHO U AMONG 1 .oi • CITY OF RANCHO U AMONG 1 . Moler.1►Nas y --. r lip CITY OF RANCHO U AMONG 1 1 -for`d P - CITY OF RANCHO U AMONG 1 CITY OF RANCHO CUCAI N A DATE: June 20, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Linda A. Troyan, City Clerk Services Director SUBJECT: CONSIDERATION OF MEETING MINUTES: SPECIAL MEETING OF JUNE 7, 2018. RECOMMENDATION: Staff recommends approval of the June 7, 2018 Meeting Minutes for the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council. BACKGROUND: N/A ANALYSIS: N/A FISCAL IMPACT: N/A COUNCIL GOAL(S) ADDRESSED: N/A ATTACHMENTS: Description Attachment 1 - Special Meeting, June 07, 2018 Minutes Page 10 June 7, 2018 CITY OF RANCHO CUCAMONGA CITY COUNCIL AND FIRE PROTECTION DISTRICT SPECIAL MEETING MINUTES The City Council and Rancho Cucamonga Fire Protection District held a special meeting on Thursday, June 7, 2018 in the Tri -Communities Conference Room, 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor L. Dennis Michael called the meetings to order at 5:02 p.m. Present were Council Members: Bill Alexander, Sam Spagnolo, Diane Williams, Mayor Pro Tem Lynne Kennedy and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Lori Sassoon, Deputy City Manager/Administrative Services; Tamara Layne, Finance Director; and Linda A. Troyan, City Clerk Services Director. Council Member Alexander led the Pledge of Allegiance No public communications were made. DISCUSSION AND CONSIDERATION OF PROPOSED BUDGETS FOR FISCAL YEAR 2018/19 (The budget is available for review at the City Clerk's Office, Biane Library, Archibald Library.) John Gillison, City Manager, via a PowerPoint presentation, presented the budgets. Council reviewed and provided comments. Council was provided a Memorandum from the City Manager with updated budget pages about the Highway User Tax Account revenue estimates, also referred to as Gas Tax revenues. The detailed pages will be updated prior to the printing of the final adopted budget. The preliminary budget and PowerPoint presentation are available on the City's website. Adoption of the budgets is scheduled for June 21, 2018 at 5:00 p.m. The City Council and Fire Protection District Special meetings adjourned at 6:30 p.m. Respectfully submitted, Linda A. Troyan, MMC City Clerk Services Director Approved: Wednesday, June XX, XXXX — Regular City Council Meeting June 7, 2018 1 City Council and Fire Protection District Special Meeting Minutes City of Rancho Cucamonga I Page 1 of 1 Page 11 DATE: June 20, 2018 TO: Mayor and Members of the City Council FROM: Lori E. Sassoon, Treasurer INITIATED BY: Tamara L. Layne, Finance Director Sandra G. Ramirez, Manag e me nt A nalyst III SUBJECT: CONSIDERATION TO RECEIVE AND FILE CURRENT INVESTMENT SCHEDULE AS OF MAY 31, 2018. RECOMMENDATION: Staff recommends that the President and Members of the Board of Directors receive and file the attached current investment schedule for the Rancho Cucamonga Fire Protection District as of May 31, 2018. BACKGROUND: The attached investment schedule as of May 31, 2018 reflects cash and investments managed by the Finance/Treasury Management Division and is in conformity with the requirements of California Government Code Section 53601 and the Rancho Cucamonga Fire Protection District's adopted Investment Policy as approved by the President and Members of the Board of Directors on April 17, 2017. ANALYSIS: The District's Treasurer is required to submit a quarterly investment report to the President and Members of the Board of Directors in accordance with California Government Code Section 53646. The quarterly investment report is required to be submitted within 30 days following the end of the quarter covered by the report. However, the District Treasurer has elected to provide this report on a monthly basis. FISCAL IMPACT: None COUNCIL GOAL(S) ADDRESSED: N/A ATTACHMENTS: Description Attachment 1 - Portfolio Management - Portfolio Summary May 31, 2018 Page 12 v 0 O m E o V 7 N 0 N L o- 0- 0 75 a U. o � 0 d V 0. I•� 0 7 Q W n M Q W M F A W N V CR O11 WD I, - I Iff N G N N M CO N I Go f0 f0 W N r a0 N co I W W" CM v r r o � 0 S C O a0 N C n O n o n o N W O 0 N O U CO Ire °Of OOD O O n N F Iact �:o;:m0a0 ca�l'St C'C-2W9 I'll- I- O m O ao O W r W ao f0 m r W r v v m a_ O 0 U� N Ir.- O r O O O O COf O � O o 0 0 W o ft1 O o 0 0 r O O en O O O n v v i°n u°i o 0 F C v U -c c c aL m Q 2D QN � H o v c`o ° m 2 Q g m ? o a 0 o a P7 t0 C, N 11 O> Go w e LO o a D (o r r O � � 1- 0 r co co coco NILL p O) ch M co C,Ncn r C4 D C W to °> 1 r 9 D � a D C D O 2 to M W Ol rw c o m a � c0 -p c m t H C E 0 0 aL C E m o =' > C CC 4) CL L X w o 010 am 8E Qy n rn N O E x Q ani c ami o O — 10 0 v E c— c 0.5 E v > o c � oL w N •3 y O CO N O U C_ p y CL C c 0 16r•Z N N o C E � c Vl L .0 ! 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Gillison, City Manager INITIATED BY: Tamara Layne, Finance Director SUBJECT: CONSIDERATION TO APPROVE BI -WEEKLY PAYROLL IN THE AMOUNT OF $613,461.55 AND WEEKLY CHECK REGISTERS IN THE AMOUNT OF $503,471.29 DATED MAY 29, 2018 THROUGH JUNE 11, 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 19 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/29/2018 through 6/11/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00008041 05/30/2018 ALL CITY MANAGEMENT SERVICES INC. 19,231.14 0.00 19,231.14 AP 00008042 05/30/2018 NORMAN A TRAUB ASSOCIATES 1,361.93 0.00 1,361.93 AP 00008043 06/06/2018 CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA 13,405.00 0.00 13,405.00 AP 00008044 06/06/2018 CHAFFEY JOINT UNION HS DISTRICT 1,668.60 0.00 1,668.60 AP 00008045 06/06/2018 RCCEA 1,912.50 0.00 1,912.50 AP 00008046 06/06/2018 RCPFA 11,512.57 0.00 11,512.57 AP 00008047 06/06/2018 SAN BERNARDINO CTY SHERIFFS DEPT 2,927,876.00 0.00 2,927,876.00 AP 00008048 06/06/2018 TANKO LIGHTING 13,114.36 0.00 13,114.36 AP 00390905 05/30/2018 ACTION AWARDS INC. 1,036.80 0.00 1,036.80 AP 00390906 05/30/2018 ADAPT CONSULTING INC 2,806.18 0.00 2,806.18 AP 00390907 05/30/2018 ADVANCED UTILITY SYSTEMS CORP. 10,416.67 0.00 10,416.67 AP 00390908 05/30/2018 AFSS SOUTHERN DIVISION 0.00 25.00 25.00 AP 00390909 05/30/2018 ALL CITIES TOOLS 0.00 533.36 533.36 AP 00390910 05/30/2018 ALLIANT INSURANCE SERVICES INC. 656.00 0.00 656.00 AP 00390911 05/30/2018 ALTA VISTA MOBILE HOME PARK 500.00 0.00 500.00 AP 00390912 05/30/2018 AMERON POLE PRODUCTS LLC 37,341.62 0.00 37,341.62 AP 00390913 05/30/2018 AMLON INDUSTRIES INC. 1,481.38 0.00 1,481.38 AP 00390914 05/30/2018 AROCHO, ALMA 1,115.90 0.00 1,115.90 AP 00390915 05/30/2018 ATKINSON BAKER INC 332.22 0.00 332.22 AP 00390916 05/30/2018 AUFBAU CORPORATION 0.00 14,100.00 14,100.00 AP 00390917 05/30/2018 BAST, KAROLYN 15.60 0.00 15.60 AP 00390918 05/30/2018 BENNETT, JEFFREY 60.79 0.00 60.79 AP 00390919 05/30/2018 BEST BEST AND KRIEGER 533.21 0.00 533.21 AP 00390920 05/30/2018 BRAUN BLAISING SMITH WYNNE P.C. 688.50 0.00 688.50 AP 00390921 05/30/2018 C V W D 14,910.10 518.05 15,428.15 *** AP 00390922 05/30/2018 CA LLC - DBA ALTA LAGUNA MHP 600.00 0.00 600.00 AP 00390923 05/30/2018 CALIFORNIA BANK & TRUST 45,344.02 12,385.10 57,729.12 *** AP 00390924 05/30/2018 CALIFORNIA FIRE CHIEFS ASSOC. 0.00 800.00 800.00 AP 00390925 05/30/2018 CARQUEST AUTO PARTS 59.21 0.00 59.21 AP 00390926 05/30/2018 CASA VOLANTE MOBILE HOME PARK 900.00 0.00 900.00 AP 00390927 05/30/2018 CCS ORANGE COUNTY JANITORIAL INC. 597.50 0.00 597.50 AP 00390928 05/30/2018 CHAPARRAL HEIGHTS MOBILE HOME PARK 700.00 0.00 700.00 AP 00390929 05/30/2018 CINTAS CORPORATION #150 3,034.45 295.70 3,330.15 *** AP 00390930 05/30/2018 CLARK, KAREN 720.00 0.00 720.00 AP 00390931 05/30/2018 CLEANRIVER RECYCLING SOLUTIONS 9,549.00 0.00 9,549.00 AP 00390932 05/30/2018 CONFIRE JPA 0.00 54,187.68 54,187.68 AP 00390933 05/30/2018 CUCAMONGA VALLEY WATER DISTRICT 23,133.80 0.00 23,133.80 AP 00390934 05/30/2018 DAISY 1,848.99 0.00 1,848.99 AP 00390935 05/30/2018 DANIELS, NOAH 31.17 0.00 31.17 AP 00390936 05/30/2018 DEALER ALTERNATIVE SOLUTIONS 1,052.38 0.00 1,052.38 AP 00390937 05/30/2018 DEMCOINC 503.29 0.00 503.29 AP 00390938 05/30/2018 DEPARTMENT OF JUSTICE 1,963.00 0.00 1,963.00 AP 00390939 05/30/2018 DEPENDABLE COMPANY INC. 51.25 0.00 51.25 AP 00390940 05/30/2018 DOLLARHIDE, GINGER 160.00 0.00 160.00 AP 00390941 05/30/2018 DRAMATIC PUBLISHING 9,666.28 0.00 9,666.28 AP 00390942 05/30/2018 DUMBELL MAN FITNESS EQUIPMENT, THE 150.00 150.00 300.00 *** AP 00390943 05/30/2018 DUNK, ANN MARIE 528.00 0.00 528.00 User: VLOPEZ - VERONICA LOPEZ Page: 1 Current Date: 06/12/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 09:20:02 Page 20 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/29/2018 through 6/11/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00390944 05/30/2018 EASTERLING, RAY 259.20 0.00 259.20 AP 00390945 05/30/2018 ECS IMAGING INC 15,955.00 0.00 15,955.00 AP 00390946 05/30/2018 ENN GEE CORP. 533.99 0.00 533.99 AP 00390947 05/30/2018 EXPRESS BRAKE SUPPLY 1,127.06 0.00 1,127.06 AP 00390948 05/30/2018 FLEET SERVICES INC. 0.00 79.32 79.32 AP 00390949 05/30/2018 FORTIN LAW GROUP 17,683.73 0.00 17,683.73 AP 00390950 05/30/2018 GEOGRAPHICS 1,378.50 0.00 1,378.50 AP 00390951 05/30/2018 GIORDANO, MARIANNA 96.00 0.00 96.00 AP 00390952 05/30/2018 GONSALVES AND SON,JOE A 3,045.00 0.00 3,045.00 AP 00390953 05/30/2018 GOODYEAR TIRE AND RUBBER CO. 599.09 0.00 599.09 AP 00390954 05/30/2018 GRAINGER 727.87 1,461.67 2,189.54 *** AP 00390955 05/30/2018 GRIFFIN STRUCTURES INC 26,787.60 0.00 26,787.60 AP 00390956 05/30/2018 GROVES ON FOOTHILL, THE 300.00 0.00 300.00 AP 00390957 05/30/2018 HAMILTON, MONIQUE 960.00 0.00 960.00 AP 00390958 05/30/2018 HAMPTON YOGA 1,080.00 0.00 1,080.00 AP 00390959 05/30/2018 HEDIGER, PATRICK 114.00 0.00 114.00 AP 00390960 05/30/2018 HINDERLITER DE LLAMAS AND ASSOCIATES 15,540.47 0.00 15,540.47 AP 00390961 05/30/2018 HOFERT, JONATHAN ALVIN 250.00 0.00 250.00 AP 00390962 05/30/2018 HOMETOWN AMERICA RAMONA VILLA 800.00 0.00 800.00 AP 00390963 05/30/2018 IMPERO SOLUTIONS INC 1,540.00 0.00 1,540.00 AP 00390964 05/30/2018 INK SLINGER SCREEN PRINTING & EMBROIDERY 1,644.59 0.00 1,644.59 AP 00390965 05/30/2018 INLAND EMPIRE PROPERTY SERVICES INC 0.00 2,370.00 2,370.00 AP 00390966 05/30/2018 INTELESYS ONE INC 36,137.00 0.00 36,137.00 AP 00390967 05/30/2018 JACKSON LEWIS P C 1,960.00 0.00 1,960.00 AP 00390968 05/30/2018 JOHNSON, CAROLINE 250.00 0.00 250.00 AP 00390969 05/30/2018 JOHNSON, JOSEPH 61.00 0.00 61.00 AP 00390970 05/30/2018 KARPINSKI JR, LAWRENCE 58.00 0.00 58.00 AP 00390971 05/30/2018 KELLY, ANDREA 61.00 0.00 61.00 AP 00390972 05/30/2018 LAMIE, GEORGE 86.00 0.00 86.00 AP 00390973 05/30/2018 LATREACE, RAINEY 392.00 0.00 392.00 AP 00390974 05/30/2018 LEE, HAROLD G 110.00 0.00 110.00 AP 00390975 05/30/2018 LEE, VAUGHN 15.56 0.00 15.56 AP 00390976 05/30/2018 LEON, JOSIE V 93.00 0.00 93.00 AP 00390977 05/30/2018 LIFE ASSIST INC 0.00 135.92 135.92 AP 00390978 05/30/2018 LOZANO, DIANE M 61.00 0.00 61.00 AP 00390979 05/30/2018 MADARIS, CHERYL A 61.00 0.00 61.00 AP 00390980 05/30/2018 MARIPOSA LANDSCAPES INC 1,366.92 0.00 1,366.92 AP 00390981 05/30/2018 MATLOCK DESIGN BUILD INC 400.00 0.00 400.00 AP 00390982 05/30/2018 MCALISTER, ELBERT 61.00 0.00 61.00 AP 00390983 05/30/2018 MCKANEY, AARON RAY 93.00 0.00 93.00 AP 00390984 05/30/2018 MENDOZA, DARIO 165.00 0.00 165.00 AP 00390985 05/30/2018 MEZA, ROWENA 93.00 0.00 93.00 AP 00390986 05/30/2018 MIDWEST TAPE 90.97 0.00 90.97 AP 00390987 05/30/2018 MILE TRANSPORT INC 11.00 0.00 11.00 AP 00390988 05/30/2018 MITCHELL, CALVIN 154.00 0.00 154.00 AP 00390989 05/30/2018 MORRO, NICHOLE R 18.00 0.00 18.00 AP 00390990 05/30/2018 MSNOC INC 2,050.00 0.00 2,050.00 User: VLOPEZ - VERONICA LOPEZ Page: 2 Current Date: 06/12/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 09:20:02 Page 21 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/29/2018 through 6/11/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00390991 05/30/2018 MUNSON, BRIAN 150.00 0.00 150.00 AP 00390992 05/30/2018 MUSE, JAYNA 61.00 0.00 61.00 AP 00390993 05/30/2018 NAPA AUTO PARTS 0.00 135.72 135.72 AP 00390994 05/30/2018 NATHANIEL HOME INC 367.06 0.00 367.06 AP 00390995 05/30/2018 NEOPOST USA INC 452.69 0.00 452.69 AP 00390996 05/30/2018 NORTHTOWN HOUSING DEVELOPMENT CORP. 1,117.06 0.00 1,117.06 AP 00390997 05/30/2018 NOVELTY PRINTING 0.00 1,054.60 1,054.60 AP 00390998 05/30/2018 NUNEZ TRANSPORT INC 283.00 0.00 283.00 AP 00390999 05/30/2018 OBIDEYI, MARY 75.00 0.00 75.00 AP 00391000 05/30/2018 ONTARIO WINNELSON CO 81.87 0.00 81.87 AP 00391001 05/30/2018 ONTRAC 92.17 0.00 92.17 AP 00391002 05/30/2018 ORONA, PATRICIA 910.00 0.00 910.00 AP 00391003 05/30/2018 OTT, LAURA 729.00 0.00 729.00 AP 00391004 05/30/2018 OTT, SHARON 666.00 0.00 666.00 AP 00391005 05/30/2018 PAPAZOGLU, NORAY 1,058.40 0.00 1,058.40 AP 00391006 05/30/2018 PARS 3,500.00 0.00 3,500.00 AP 00391007 05/30/2018 PINES MOBILE HOME PARK, THE 400.00 0.00 400.00 AP 00391008 05/30/2018 PSA PRINT GROUP 88.36 38.79 127.15 *** AP 00391009 05/30/2018 QUINN COMPANY 0.00 45.05 45.05 AP 00391010 05/30/2018 R W ELECTRICAL 110.74 0.00 110.74 AP 00391011 05/30/2018 RAMIREZ, JUDY 113.00 0.00 113.00 AP 00391012 05/30/2018 RAMOS, JUAN 336.00 0.00 336.00 AP 00391013 05/30/2018 RANCHO CUCAMONGA CHAMBER OF COMMERCE 3,166.00 0.00 3,166.00 AP 00391014 05/30/2018 RANCHO CUCAMONGA COMMUNITY & ARTS 154.59 0.00 154.59 AP 00391015 05/30/2018 REDA, TRICIA 147.00 0.00 147.00 AP 00391016 05/30/2018 RICE, ANNETTE C 135.00 0.00 135.00 AP 00391017 05/30/2018 RIGLEMAN, ENCARNACION ONTIVEROS 160.00 0.00 160.00 AP 00391018 05/30/2018 ROBINSON, STEPHEN 62.48 0.00 62.48 AP 00391019 05/30/2018 ROMERO, GERARDO 61.00 0.00 61.00 AP 00391020 05/30/2018 SAFARILAND LLC 0.00 2,084.97 2,084.97 AP 00391021 05/30/2018 SAN ANTONIO RADIOLOGICAL MEDICAL GROUP 0.00 36.00 36.00 AP 00391022 05/30/2018 SC FUELS 0.00 9,847.90 9,847.90 AP 00391023 05/30/2018 SC FUELS 0.00 940.77 940.77 AP 00391024 05/30/2018 SCHELL, JAMIE 44.65 0.00 44.65 AP 00391025 05/30/2018 SCHLOEPP, MATTHEW 61.00 0.00 61.00 AP 00391026 05/30/2018 SCL 0.00 4,421.26 4,421.26 AP 00391027 05/30/2018 SEIDMAN, EVELYN 93.00 0.00 93.00 AP 00391028 05/30/2018 SENECHAL, CALVIN 616.20 0.00 616.20 AP 00391029 05/30/2018 SHRED PROS 0.00 40.00 40.00 AP 00391030 05/30/2018 SILVER & WRIGHT LLP 7,426.68 663.00 8,089.68 *** AP 00391031 05/30/2018 SKY MOUNTAIN CHARTER - RENTALS ONLY 250.00 0.00 250.00 AP 00391032 05/30/2018 SOFTWARE ONE 387,153.50 37,513.00 424,666.50 *** AP 00391033 05/30/2018 SOUTH COAST AQMD 0.00 128.61 128.61 AP 00391034 05/30/2018 SOUTHERN CONTRACTING 34,822.17 0.00 34,822.17 AP 00391035 05/30/2018 SPROUT SOCIAL INC 7,187.76 0.00 7,187.76 AP 00391036 05/30/2018 STERLING COFFEE SERVICE 1,621.65 0.00 1,621.65 AP 00391037 05/30/2018 STOUT, BRUCE KENDALL 165.00 0.00 165.00 User: VLOPEZ - VERONICA LOPEZ Page: 3 Current Date: 06/12/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 09:20:02 Page 22 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/29/2018 through 6/11/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00391038 05/30/2018 STOVER, JEFF 6,500.00 0.00 6,500.00 AP 00391039 05/30/2018 STREAMLINE PRESS INC 0.00 199.88 199.88 AP 00391040 05/30/2018 SUNERGY CONSTRUCTION INC 95.32 0.00 95.32 AP 00391041 05/30/2018 SUNIGA, ALYCIA 153.91 0.00 153.91 AP 00391042 05/30/2018 SYCAMORE VILLA MOBILE HOME PARK 300.00 0.00 300.00 AP 00391043 05/30/2018 TAPIA, ANTONIO 93.00 0.00 93.00 AP 00391044 05/30/2018 TERRY M HILL & ASSOCIATES INC 8,000.00 0.00 8,000.00 AP 00391045 05/30/2018 TEXAS MEDICAL SCREENING LLC 445.00 0.00 445.00 AP 00391046 05/30/2018 THE COUNSELING TEAM INTERNATIONAL 0.00 2,025.00 2,025.00 AP 00391047 05/30/2018 THREE LIONS ENTERTAINMENT 525.00 0.00 525.00 AP 00391048 05/30/2018 TOVEY/SHULTZ CONSTRUCTION INC 861,536.31 235,317.04 1,096,853.35 *** AP 00391049 05/30/2018 TYUS, IDA 297.00 0.00 297.00 AP 00391050 05/30/2018 U.S. BANK PARS ACCT #6746022500 1,497.13 0.00 1,497.13 AP 00391051 05/30/2018 U.S. BANK PARS ACCT #6746022500 24,715.34 0.00 24,715.34 AP 00391052 05/30/2018 UNITED PACIFIC SERVICES INC 93,374.00 0.00 93,374.00 AP 00391053 05/30/2018 UNITED RENTALS NORTH AMERICAN INC 1,046.74 0.00 1,046.74 AP 00391054 05/30/2018 UNITED RENTALS NORTH AMERICAN INC 741.35 0.00 741.35 AP 00391055 05/30/2018 UPS 56.26 0.00 56.26 AP 00391056 05/30/2018 UTILIQUEST 2,278.47 0.00 2,278.47 AP 00391057 05/30/2018 VERIZON WIRELESS - LA 421.11 0.00 421.11 AP 00391058 05/30/2018 VERIZON WIRELESS - LA 0.00 3,375.61 3,375.61 AP 00391059 05/30/2018 VISION COMMUNICATIONS CO 190.00 0.00 190.00 AP 00391060 05/30/2018 VORTEX INDUSTRIES INC 4,645.95 0.00 4,645.95 AP 00391061 05/30/2018 WALTERS WHOLESALE ELECTRIC CO 1,072.99 76.53 1,149.52 *** AP 00391062 05/30/2018 WAXIE SANITARY SUPPLY 3,366.17 0.00 3,366.17 AP 00391063 05/30/2018 WELLS, JUDITH 76.85 0.00 76.85 AP 00391064 05/30/2018 WHERRY, HAROLD 1,000.00 0.00 1,000.00 AP 00391065 05/30/2018 WILBUR-ELLIS COMPANY 621.72 0.00 621.72 AP 00391066 05/30/2018 WT.COX INFORMATION SERVICES 297.26 0.00 297.26 AP 00391067 05/31/2018 CASA VOLANTE MOBILE HOME PARK 800.00 0.00 800.00 AP 00391068 05/31/2018 GENTRY BROS INC 23,989.00 0.00 23,989.00 AP 00391069 05/31/2018 QUALITY TRUCK ELECTRIC INC 0.00 942.81 942.81 AP 00391070 05/31/2018 FORD OF UPLAND INC 1,461.67 0.00 1,461.67 AP 00391071 05/31/2018 INLAND VALLEY DAILY BULLETIN 6,377.30 0.00 6,377.30 AP 00391072 05/31/2018 LIMS AUTO INC 471.02 0.00 471.02 AP 00391073 05/31/2018 OFFICE DEPOT 1,057.93 0.00 1,057.93 AP 00391074 06/06/2018 49ER COMMUNICATIONS 0.00 162.92 162.92 AP 00391075 06/06/2018 A & M FIRST AID INC 2,625.05 0.00 2,625.05 AP 00391076 06/06/2018 A AND R TIRE SERVICE 816.59 0.00 816.59 AP 00391077 06/06/2018 ABLE BUILDING MAINTENANCE 4,919.70 0.00 4,919.70 AP 00391078 06/06/2018 ABM BUSINESS MACHINES INC 224.12 0.00 224.12 AP 00391079 06/06/2018 ADAPT CONSULTING INC 2,398.56 0.00 2,398.56 AP 00391080 06/06/2018 ADOBE ANIMAL HOSPITAL 150.00 0.00 150.00 AP 00391081 06/06/2018 AFLAC GROUP INSURANCE 40.97 0.00 40.97 AP 00391082 06/06/2018 ALFARO COMMUNICATIONS CONSTRUCTION INC 420,263.37 0.00 420,263.37 AP 00391083 06/06/2018 AMERICAN PUBLIC POWER ASSOCIATION 6,016.26 0.00 6,016.26 AP 00391084 06/06/2018 AMERICAN PUBLIC POWER ASSOCIATION 1,203.25 0.00 1,203.25 User: VLOPEZ - VERONICA LOPEZ Page: 4 Current Date: 06/12/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 09:20:02 Page 23 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/29/2018 through 6/11/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00391085 06/06/2018 AMTECH ELEVATOR SERVICES 350.00 0.00 350.00 AP 00391086 06/06/2018 ARROW, JASON 0.00 270.00 270.00 AP 00391087 06/06/2018 ARROYO, ERNEST 14.00 0.00 14.00 AP 00391088 06/06/2018 ASSI SECURITY 525.00 0.00 525.00 AP 00391089 06/06/2018 BARRETO, RAQUEL M. 1,145.66 0.00 1,145.66 AP 00391090 06/06/2018 BMX FREESTYLE TEAM LLC 1,275.00 0.00 1,275.00 AP 00391091 06/06/2018 BRIGHT BOX ENTERPRISES 597.01 0.00 597.01 AP 00391092 06/06/2018 BRIGHTVIEW LANDSCAPE SERVICES INC. 49,940.69 0.00 49,940.69 AP 00391093 06/06/2018 C V W D 935.68 0.00 935.68 AP 00391098 06/06/2018 C V W D 119,390.10 0.00 119,390.10 AP 00391099 06/06/2018 CAL PERS LONG TERM CARE 254.14 0.00 254.14 AP 00391100 06/06/2018 CAL PERS LONG TERM CARE 254.14 0.00 254.14 AP 00391101 06/06/2018 CALIFORNIA, STATE OF 8.44 0.00 8.44 AP 00391102 06/06/2018 CALIFORNIA, STATE OF 1,318.48 0.00 1,318.48 AP 00391103 06/06/2018 CASA VOLANTE MOBILE HOME PARK 800.00 0.00 800.00 AP 00391104 06/06/2018 CCS ORANGE COUNTY JANITORIAL INC. 472.00 0.00 472.00 AP 00391105 06/06/2018 CHARTER COMMUNICATIONS 10,822.57 4,370.12 15,192.69 *** AP 00391106 06/06/2018 CHINO, CITY OF 60.00 0.00 60.00 AP 00391107 06/06/2018 CINTAS CORPORATION #150 0.00 192.21 192.21 AP 00391108 06/06/2018 CLERK OF THE BOARD OF SUPERVISORS 50.00 0.00 50.00 AP 00391109 06/06/2018 CLOUGHERTY, JOHN FRANCIS 329.76 0.00 329.76 AP 00391110 06/06/2018 CODE RED HEADSETS 2,544.02 0.00 2,544.02 AP 00391111 06/06/2018 CORBIN & ASSOCIATES 710.00 0.00 710.00 AP 00391112 06/06/2018 CORNEJO, SABRINA 6.56 0.00 6.56 AP 00391113 06/06/2018 COSTAR REALTY INFORMATION INC 2,058.02 0.00 2,058.02 AP 00391114 06/06/2018 CRIME SCENE STERI-CLEAN LLC 540.00 0.00 540.00 AP 00391115 06/06/2018 CROSBY, SHAWN 425.00 0.00 425.00 AP 00391116 06/06/2018 D & D SERVICES INC. 430.00 0.00 430.00 AP 00391117 06/06/2018 D AND K CONCRETE COMPANY 1,537.60 0.00 1,537.60 AP 00391118 06/06/2018 D M CONTRACTING INC 99,761.92 0.00 99,761.92 AP 00391119 06/06/2018 DAISY 1,207.27 0.00 1,207.27 AP 00391120 06/06/2018 DATA TICKET INC 9,378.59 0.00 9,378.59 AP 00391121 06/06/2018 DEBEBE, SAMSON 250.00 0.00 250.00 AP 00391122 06/06/2018 DELANO, LAURA 513.00 0.00 513.00 AP 00391123 06/06/2018 DELTA DENTAL 1,469.88 0.00 1,469.88 AP 00391124 06/06/2018 DELTA DENTAL 42,354.16 0.00 42,354.16 AP 00391125 06/06/2018 DEPARTMENT OF FORESTRY AND FIRE PROTECTION 0.00 148.00 148.00 AP 00391126 06/06/2018 DIAMOND ENVIRONMENTAL SERVICES 305.99 0.00 305.99 AP 00391127 06/06/2018 DOMINGUEZ, DESTINIE 386.09 0.00 386.09 AP 00391128 06/06/2018 ECONOLITE CONTROL PRODUCTS INC 2,080.00 0.00 2,080.00 AP 00391129 06/06/2018 EMPLOYMENT DEVELOPMENT DEPT. 60.00 0.00 60.00 AP 00391130 06/06/2018 ENLIGHTENED LEARNING CLUB 548.12 0.00 548.12 AP 00391131 06/06/2018 ENN GEE CORP. 542.00 0.00 542.00 AP 00391132 06/06/2018 ERICKSON HALL CONSTRUCTION 0.00 77,500.00 77,500.00 AP 00391133 06/06/2018 EXECUTIVE AUTO DETAIL 1,515.00 0.00 1,515.00 AP 00391134 06/06/2018 EXPERIAN 52.00 0.00 52.00 AP 00391135 06/06/2018 FACER, LINDA 40.00 0.00 40.00 User: VLOPEZ - VERONICA LOPEZ Page: 5 Current Date: 06/12/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 09:20:02 Page 24 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/29/2018 through 6/11/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00391136 06/06/2018 FIRESTAR STUDIOS 0.00 14,836.53 14,836.53 AP 00391137 06/06/2018 FIRST CLASS HEATING & AIR 1,150.00 0.00 1,150.00 AP 00391138 06/06/2018 FOOTHILL 66 LLC 1,000.00 0.00 1,000.00 AP 00391139 06/06/2018 FRANKLIN, TANYA 139.04 0.00 139.04 AP 00391141 06/06/2018 FRONTIER COMM 6,267.31 494.72 6,762.03 *** AP 00391142 06/06/2018 GATEWAY PET CEMETERY AND CREMATORY 510.00 0.00 510.00 AP 00391143 06/06/2018 GEOGRAPHICS 4,415.25 0.00 4,415.25 AP 00391144 06/06/2018 GLOBALSTAR USA 172.39 0.00 172.39 AP 00391145 06/06/2018 GOODMAN RANCHO SPE LLC 2,548.35 0.00 2,548.35 AP 00391146 06/06/2018 GRANT, ANNEKE 180.64 0.00 180.64 AP 00391147 06/06/2018 HEDIGER, PATRICK 67.73 0.00 67.73 AP 00391148 06/06/2018 HENRY SCHEIN ANIMAL HEALTH SUPPLY 17.19 0.00 17.19 AP 00391149 06/06/2018 HERITAGE EDUCATION GROUP 152.00 0.00 152.00 AP 00391150 06/06/2018 HILLS PET NUTRITION SALES INC 1,672.49 0.00 1,672.49 AP 00391151 06/06/2018 IDEXX DISTRIBUTION INC 2,747.50 0.00 2,747.50 AP 00391152 06/06/2018 INLAND VALLEY EMERGENCY PET CLINIC 2,095.00 0.00 2,095.00 AP 00391153 06/06/2018 JOHN GROOMS 100.00 0.00 100.00 AP 00391154 06/06/2018 KAISER FOUNDATION HEALTH PLAN INC 242,621.20 0.00 242,621.20 AP 00391155 06/06/2018 LEWIS, WILLIAM 15.00 0.00 15.00 AP 00391156 06/06/2018 LIEBERT CASSIDY WHITMORE 16,879.00 0.00 16,879.00 AP 00391157 06/06/2018 LIFE ASSIST INC 0.00 82.67 82.67 AP 00391158 06/06/2018 LITTLE, MARC 637.50 0.00 637.50 AP 00391159 06/06/2018 LOPEZ, JOSE 600.00 0.00 600.00 AP 00391160 06/06/2018 MARIMUTHU, YOGESH 31.76 0.00 31.76 AP 00391161 06/06/2018 MARIPOSA LANDSCAPES INC 42,445.43 2,777.16 45,222.59 *** AP 00391162 06/06/2018 MARTINEZ, ALEC 20.01 0.00 20.01 AP 00391163 06/06/2018 MASON AND MASON REAL ESTATE APPRAISERS 3,750.00 0.00 3,750.00 AP 00391164 06/06/2018 MATANGA, JULIE EDWARD 255.00 0.00 255.00 AP 00391165 06/06/2018 MC AVOY & MARKHAM 954.08 0.00 954.08 AP 00391166 06/06/2018 MC AVOY & MARKHAM 60,771.00 0.00 60,771.00 AP 00391167 06/06/2018 MEDELLIN, RAMON 1,200.00 0.00 1,200.00 AP 00391168 06/06/2018 MEDIWASTE DISPOSAL 35.00 0.00 35.00 AP 00391169 06/06/2018 MGT OF AMERICA INC 3,330.00 0.00 3,330.00 AP 00391170 06/06/2018 MIDWEST TAPE 1,247.52 0.00 1,247.52 AP 00391171 06/06/2018 MINUTEMAN PRESS 2,347.57 0.00 2,347.57 AP 00391172 06/06/2018 MOUNTAIN VIEW SMALL ENG REPAIR 909.32 0.00 909.32 AP 00391173 06/06/2018 NATIONAL SENIOR LEAGUE LLC 150.00 0.00 150.00 AP 00391174 06/06/2018 NEWCO DISTRIBUTORS INC 798.85 0.00 798.85 AP 00391175 06/06/2018 NEWCOMB ANDERSON MCCORMICK INC 4,690.00 0.00 4,690.00 AP 00391176 06/06/2018 NINYO & MOORE 4,049.25 0.00 4,049.25 AP 00391177 06/06/2018 NINYO & MOORE 10,647.00 0.00 10,647.00 AP 00391178 06/06/2018 OLSON, BUZZ 0.00 43.09 43.09 AP 00391179 06/06/2018 ONTARIO SPAY AND NEUTER INC 400.00 0.00 400.00 AP 00391180 06/06/2018 ONTARIO WINNELSON CO 205.40 0.00 205.40 AP 00391181 06/06/2018 OPARC 1,100.00 0.00 1,100.00 AP 00391182 06/06/2018 PEP BOYS 17.24 0.00 17.24 AP 00391183 06/06/2018 PERSONAL TRANSPORTERS INC 2,380.49 0.00 2,380.49 User: VLOPEZ - VERONICA LOPEZ Page: 6 Current Date: 06/12/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 09:20:02 Page 25 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/29/2018 through 6/11/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00391184 06/06/2018 PRE -PAID LEGAL SERVICES INC 78.38 0.00 78.38 AP 00391185 06/06/2018 PRINTING & PROMOTION PLUS INC 152.50 0.00 152.50 AP 00391186 06/06/2018 PRORIDER INC 2,980.00 0.00 2,980.00 AP 00391187 06/06/2018 PSA PRINT GROUP 346.96 0.00 346.96 AP 00391188 06/06/2018 PYRO SPECTACULARS INC 27,250.00 0.00 27,250.00 AP 00391189 06/06/2018 RC COMMUNITY & ARTS FOUNDATION 300.00 0.00 300.00 AP 00391190 06/06/2018 RICHARD WIGHTMAN CONSTRUCTION INC 3,200.00 0.00 3,200.00 AP 00391191 06/06/2018 RJM DESIGN GROUP INC 21,749.05 0.00 21,749.05 AP 00391192 06/06/2018 ROTO ROOTER 350.00 0.00 350.00 AP 00391193 06/06/2018 SALAZAR, MIRANDA 250.00 0.00 250.00 AP 00391194 06/06/2018 SAN BERNARDINO CO AUDITOR CONT 11,196.50 0.00 11,196.50 AP 00391195 06/06/2018 SAN BERNARDINO COUNTY SHERIFFS DEPT 3,100.00 0.00 3,100.00 AP 00391196 06/06/2018 SAN BERNARDINO CTY 0.00 11,703.57 11,703.57 AP 00391197 06/06/2018 SAN BERNARDINO CTY FIRE PROTECTION DISTRICT 56,798.06 0.00 56,798.06 AP 00391198 06/06/2018 SAN BERNARDINO CTY OFFICE OF THE ASSESSOR 840.00 0.00 840.00 AP 00391199 06/06/2018 SAN BERNARDINO CTY REAL ESTATE SVCS DEPT 9,821.00 0.00 9,821.00 AP 00391200 06/06/2018 SBPEA 1,616.27 0.00 1,616.27 AP 00391201 06/06/2018 SHEAKLEY PENSION ADMINISTRATION 0.00 175.65 175.65 AP 00391202 06/06/2018 SHEAKLEY PENSION ADMINISTRATION 387.15 0.00 387.15 AP 00391203 06/06/2018 SO CALIF GAS COMPANY 7,795.62 502.98 8,298.60 *** AP 00391204 06/06/2018 SOURCE GRAPHICS 217.62 0.00 217.62 AP 00391211 06/06/2018 SOUTHERN CALIFORNIA EDISON 33,948.01 1,883.32 35,831.33 *** AP 00391212 06/06/2018 SOUTHERN CALIFORNIA EDISON 173.04 0.00 173.04 AP 00391213 06/06/2018 SOUTHERN CALIFORNIA EDISON 2,254.17 0.00 2,254.17 AP 00391214 06/06/2018 SOUTHERN CALIFORNIA EDISON 668.60 0.00 668.60 AP 00391215 06/06/2018 STANDARD INSURANCE COMPANY 4,023.46 0.00 4,023.46 AP 00391216 06/06/2018 STANDARD INSURANCE COMPANY 13,501.08 0.00 13,501.08 AP 00391217 06/06/2018 STATEWIDE TOWING & RECOVERY 1,883.00 0.00 1,883.00 AP 00391218 06/06/2018 STOR'EM SELF STORAGE 165.00 0.00 165.00 AP 00391219 06/06/2018 STORAGE CONTAINER.COM 71.50 0.00 71.50 AP 00391220 06/06/2018 STOTZ EQUIPMENT 71.57 0.00 71.57 AP 00391221 06/06/2018 SUBWAY #24905 1,247.05 0.00 1,247.05 AP 00391222 06/06/2018 SUN BADGE CO 0.00 90.74 90.74 AP 00391223 06/06/2018 TEAVANNA - CORPORATION 938.45 0.00 938.45 AP 00391224 06/06/2018 THE COUNSELING TEAM INTERNATIONAL 550.00 0.00 550.00 AP 00391225 06/06/2018 TINT CITY WINDOW TINTING 230.00 0.00 230.00 AP 00391226 06/06/2018 UNITED PACIFIC SERVICES INC 34,306.00 0.00 34,306.00 AP 00391227 06/06/2018 UNITED SITE SERVICES OF CA INC 212.88 0.00 212.88 AP 00391228 06/06/2018 UNITED WAY 111.00 0.00 111.00 AP 00391229 06/06/2018 UNIVAR ENVIRONMENTAL SERVICES 2,366.19 0.00 2,366.19 AP 00391230 06/06/2018 UPS 47.82 0.00 47.82 AP 00391231 06/06/2018 UTILIQUEST 4,356.32 0.00 4,356.32 AP 00391232 06/06/2018 VAN SCOYOC ASSOCIATES INC 4,000.00 0.00 4,000.00 AP 00391233 06/06/2018 VERIZON WIRELESS - LA 4,987.31 0.00 4,987.31 AP 00391234 06/06/2018 VICTOR MEDICAL COMPANY 10,465.93 0.00 10,465.93 AP 00391235 06/06/2018 VORTEX INDUSTRIES INC 12,599.26 0.00 12,599.26 AP 00391236 06/06/2018 WALTERS WHOLESALE ELECTRIC CO 37.62 0.00 37.62 User: VLOPEZ - VERONICA LOPEZ Page: 7 Current Date: 06/12/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 09:20:02 Page 26 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/29/2018 through 6/11/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00391237 06/06/2018 WANG, ZHENGPING 150.00 0.00 150.00 AP 00391238 06/06/2018 WAXIE SANITARY SUPPLY 18,853.87 0.00 18,853.87 AP 00391239 06/06/2018 WESTERN UNIVERSITY OF HEALTH SCIENCE 375.00 0.00 375.00 AP 00391240 06/06/2018 WHITESIDE, ROBERT 650.00 0.00 650.00 AP 00391241 06/06/2018 WHITTIER FERTILIZER 2,607.55 0.00 2,607.55 AP 00391242 06/06/2018 WILBUR-ELLIS COMPANY 1,848.74 0.00 1,848.74 AP 00391243 06/06/2018 YORK INDUSTRIES 1,571.60 0.00 1,571.60 AP 00391244 06/06/2018 ZOETIS US LLC 280.34 0.00 280.34 AP 00391245 06/07/2018 ABC LOCKSMITHS 987.23 0.00 987.23 AP 00391246 06/07/2018 AIRGAS USA LLC 518.07 0.00 518.07 AP 00391247 06/07/2018 BAUER COMPRESSORS 0.00 827.74 827.74 AP 00391248 06/07/2018 BSN SPORTS LLC 1,680.50 0.00 1,680.50 AP 00391249 06/07/2018 DUNN EDWARDS CORPORATION 605.34 0.00 605.34 AP 00391250 06/07/2018 EMCOR SERVICE 12,913.00 0.00 12,913.00 AP 00391251 06/07/2018 EWING IRRIGATION PRODUCTS 1,867.45 0.00 1,867.45 AP 00391252 06/07/2018 FORD OF UPLAND INC 1,271.49 0.00 1,271.49 AP 00391253 06/07/2018 HOLLIDAY ROCK CO INC 4,990.15 0.00 4,990.15 AP 00391254 06/07/2018 INTERSTATE BATTERIES 620.09 0.00 620.09 AP 00391255 06/07/2018 LIMS AUTO INC 82.63 0.00 82.63 AP 00391256 06/07/2018 MIRION TECHNOLOGIES GDS INC 61.24 0.00 61.24 AP 00391257 06/07/2018 OFFICE DEPOT 5,327.63 1,481.53 6,809.16 *** AP 00391258 06/07/2018 ORKIN PEST CONTROL 951.70 0.00 951.70 AP 00391259 06/07/2018 OVERDRIVE INC 94.95 0.00 94.95 AP 00391260 06/07/2018 SITEONE LANDSCAPE SUPPLY LLC 6,538.55 0.00 6,538.55 AP 00391261 06/07/2018 STABILIZER SOLUTIONS INC 731.00 0.00 731.00 AP 00391262 06/07/2018 SUNRISE FORD 627.62 0.00 627.62 AP 00391263 06/07/2018 VISTA PAINT 1,358.64 0.00 1,358.64 Total City: $6,369,109.81 Total Fire: $503,471.29 Grand Total: $6,872,5NT70 Note: *** Check Number includes both City and Fire District expenditures User: VLOPEZ - VERONICA LOPEZ Page: 8 Current Date: 06/12/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 09:20:02 Page 27 DATE: June 20, 2018 TO: Mayor and Members of the City Council FROM: John Gillison, City Manager INITIATED BY: Lori Sassoon, Deputy City Manager/Administrative Services Robert Neiuber, Human Resources Director SUBJECT: CONSIDERATION OF APPROVAL OF A RESOLUTION ADOPTING FIRE DISTRICT SALARY SCHEDULES FOR FISCAL YEAR 2018-19. RECOMMENDATION: Staff recommends that the Fire Board of the Rancho Cucamonga Fire Protection District adopt the Resolution approving the Fiscal Year 2018-19 salary schedules for job classifications employed by the Fire District. BACKGROUND: The Fire Board traditionally adopts salary resolutions biannually for those classifications employed by the Fire District. These resolutions are updated to reflect changes in salaries, additions, and deletions of classifications, changes in job titles and other terms of employment. The resolution adopts the changes previously approved of in the Memorandums of Understanding (MOU) for the Fire Union, Fire Support Services and Fire Management Employee Group. ANALYSIS: The Fire Protection District considers salary schedules twice a year. Updates to the salary schedule are based on negotiated and agreed upon changes previously approved by the Fire District. The updated Fire Management, Fire Union, and Fire Support salary schedules reflect a 2% cost of living adjustment based on the current MOU. The Fire Management Group, the Fire Union and Fire Support Group all agreed to an additional 1% pick-up of CalPERS employer retirement costs as part of their MOU's. In addition, the updated Fire Support Services Association salary schedule reflects a salary range increase for the Emergency Management Coordination classification. The salary range increase of this classification makes it more equitable and helps in attracting a more qualified pool of candidates for future recruitments. FISCAL IMPACT: None. Adjustments to the salary ranges and their fiscal impacts were considered previously by the Fire Page 28 District. COUNCIL GOAL(S) ADDRESSED: None. ATTACHMENTS: Description Attachment No. 1 - fire reso Attachment No. 2-5 - fire salary ranges Page 29 RESOLUTION NO. FD 18 -XXX A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, APPROVING SALARY SCHEDULES FOR FISCAL YEAR 2018-19. WHEREAS, the Board of Directors of the Rancho Cucamonga Fire Protection District has determined that it is necessary for the efficient operation and management of the District that policies be established prescribing salary ranges, benefits and holidays and other policies for employees of the Rancho Cucamonga Fire Protection District; and WHEREAS, the Board of Directors of the Rancho Cucamonga Fire Protection District has previously adopted salary resolutions that established salary ranges, benefits and other terms of employment for employees of the Rancho Cucamonga Fire Protection District; and WHEREAS, the Board of Directors of the Rancho Cucamonga Fire Protection District recognizes that it is necessary from time to time to amend the salary resolution to accommodate changes in position titles, classifications salary ranges, benefits and other terms of employment; and NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Rancho Cucamonga Fire Protection District, Rancho Cucamonga, California to approve the attached salary schedules for the Fire Union, Fire Management Employees Group, Fire Support Services Association, and Part -Time Fire District positions (Attachments 2 - 5) effective July 14, 2018. PASSED, APPROVED AND ADOPTED this 201h day of June, 2018. Page 30 AYES: NOES: ABSENT: ABSTAINED: L. Dennis Michael, President ATTEST: Janice C. Reynolds, Secretary I, JANICE C. REYNOLDS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a Regular Meeting of said Board held on the 201h day of June 2018. Executed this 20th day of June, 2018, at Rancho Cucamonga, California. Janice C. Reynolds, Secretary Page 31 Resolution No. FD 18 - FIRE UNION ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES July 14, 2018 Attachment 2 Page 32 A B C D E F G FIRE CAPTAIN 28.76 30.19 31.70 33.29 34.95 36.70 38.53 Hourly 3,220.57 3,381.60 3,550.67 3,728.21 3,914.62 4,110.35 4,315.87 Bi -Weekly 6,977.89 7,326.79 7,693.13 8,077.79 8,481.68 8,905.76 9,351.04 Monthly FIRE CAPTAIN 28.76 30.19 31.70 33.29 34.95 36.70 38.53 Hourly SPECIALIST 3,220.57 3,381.60 3,550.67 3,728.21 3,914.62 4,110.35 4,315.87 Bi -Weekly 6,977.89 7,326.79 7,693.13 8,077.79 8,481.68 8,905.76 9,351.04 Monthly FIRE ENGINEER 24.51 25.74 27.02 28.37 29.79 31.28 32.85 Hourly 2,745.12 2,882.37 3,026.49 3,177.81 3,336.71 3,503.54 3,678.72 Bi -Weekly 5,947.75 6,245.14 6,557.40 6,885.27 7,229.54 7,591.01 7,970.57 Monthly FIREFIGHTER 21.42 22.49 23.62 24.80 26.04 27.34 28.71 Hourly 2,399.16 2,519.12 2,645.08 2,777.33 2,916.20 3,062.01 3,215.11 Bi -Weekly 5,198.19 5,458.10 5,731.00 6,017.55 6,318.44 6,634.36 6,966.08 Monthly FIRE INSPECTOR 24.51 25.74 27.02 28.37 29.79 31.28 32.85 Hourly 2,745.12 2,882.37 3,026.49 3,177.81 3,336.71 3,503.54 3,678.72 Bi -Weekly 5,947.75 6,245.14 6,557.40 6,885.27 7,229.54 7,591.01 7,970.57 Monthly FIELD TRAINING OFFICER 28.76 30.19 31.70 33.29 34.95 36.70 38.53 Hourly 3,220.57 3,381.60 3,550.67 3,728.21 3,914.62 4,110.35 4,315.87 Bi -Weekly 6,977.89 7,326.79 7,693.13 8,077.79 8,481.68 8,905.76 9,351.04 Monthly HAZARDOUS MATERIAL STIPEND (5% of Fire Enqr. Step E) 1.49 1.46 1.46 1.46 1.46 1.46 1.46 Hourly 166.84 166.84 166.84 166.84 166.84 166.84 166.84 Bi -Weekly 361.48 361.48 361.48 361.48 361.48 361.48 361.48 Monthly PARAMEDIC STIPEND (13.92% of Fire Enqr. Step E) 4.15 4.07 4.07 4.07 4.07 4.07 4.07 Hourly 464.47 464.47 464.47 464.47 464.47 464.47 464.47 Bi -Weekly 1,006.35 1,006.35 1,006.35 1,006.35 1,006.35 1,006.35 1,006.35 Monthly FIELD TRAINING OFFICER STIPEND (9.3% of Fire Capt. Step E) 3.25 3.19 3.19 3.19 3.19 3.19 3.19 Hourly 364.06 364.06 364.06 364.06 364.06 364.06 364.06 Bi -Weekly 788.80 788.80 788.80 788.80 788.80 788.80 788.80 Monthly TECHNICAL RESCUE STIPEND (5% of Fire Enqr. Step E) 1.49 1.46 1.46 1.46 1.46 1.46 1.46 Hourly 166.84 166.84 166.84 166.84 166.84 166.84 166.84 Bi -Weekly 361.48 361.48 361.48 361.48 361.48 361.48 361.48 Monthly TERRORISM LIAISON OFFICER STIPEND (2.5% of Fire Enqr. Step E) 0.74 0.73 0.73 0.73 0.73 0.73 0.73 Hourly 83.42 83.42 83.42 83.42 83.42 83.42 83.42 Bi -Weekly 180.74 180.74 180.74 180.74 180.74 180.74 180.74 Monthly BA, BS, or Fire Officer Certification 1.31 1.31 1.31 1.31 1.31 1.31 1.31 Hourly 146.31 146.31 146.31 146.31 146.31 146.31 146.31 Bi -Weekly 317.00 317.00 317.00 317.00 317.00 317.00 317.00 Monthly MA, MS or Chief Officer Certification 1.96 1.96 1.96 1.96 1.96 1.96 1.96 Hourly 219.23 219.23 219.23 219.23 219.23 219.23 219.23 Bi -Weekly 475.00 475.00 475.00 475.00 475.00 475.00 475.00 Monthly Attachment 2 Page 32 FIRE MANAGEMENT EMPLOYEES GROUP SALARY SCHEDULE AS OF JULY 1412018 A B C D E F G FIRE CHIEF 79.08 83.04 87.19 91.55 96.12 100.93 105.98 Hourly 6,326.52 6,642.85 6,974.99 7,323.74 7,689.92 8,074.42 8,478.14 Bi -Weekly 13,707.46 14,392.83 15,112.48 15,868.10 16,661.50 17,494.58 18,369.31 Monthly FIRE DEPUTY CHIEF 64.88 68.13 71.54 75.11 78.87 82.81 86.95 Hourly 5,190.75 5,450.29 5,722.80 6,008.94 6,309.40 6,624.87 6,956.11 Bi -Weekly 11,246.63 11,808.97 12,399.41 13,019.37 13,670.36 14,353.88 15,071.58 Monthly FIRE BATTALION CHIEF 40.39 42.41 44.53 46.76 49.10 51.55 Hourly (56 Hour Workweek) 4,524.03 4,750.23 4,987.74 5,237.13 5,498.98 5,773.93 Bi -Weekly 9,802.06 10,292.17 10,806.77 11,347.11 11,914.47 12,510.19 - Monthly FIRE BATTALION CHIEF 56.55 59.38 62.35 65.46 68.74 72.17 - Hourly (40 Hour Workweek) 4,524.03 4,750.23 4,987.74 5,237.13 5,498.98 5,773.93 - Bi -Weekly 9,802.06 10,292.17 10,806.77 11,347.11 11,914.47 12,510.19 - Monthly FIRE MARSHAL 60.66 63.69 66.87 70.22 73.73 77.41 - Hourly 4,852.47 5,095.10 5,349.85 5,617.35 5,898.21 6,193.12 - Bi -Weekly 10,513.69 11,039.38 11,591.34 12,170.92 12,779.46 13,418.43 - Monthly BATTALION CHIEF TRAINING OFFICER STIPEND (7.26% of 40 hr BC Current Step 4.11 4.31 4.53 4.75 4.99 5.24 - Hourly 328.44 344.87 362.11 380.22 399.23 419.19 - Bi -Weekly 711.63 747.21 784.57 823.80 864.99 908.24 - Monthly Attachment 3 Page 33 Resolution No. FD 18 - Resolution No. FD 18 -XXX FIRE SUPPORT SERVICES ASSOCIATION SALARY SCHEDULE AS OF JULY 14, 2018 A B C D E F COMMUNICATIONS TECHNICIAN 25.37 26.64 27.97 29.37 30.83 32.38 Hourly 2,029.39 2,130.86 2,237.40 2,349.27 2,466.74 2,590.07 Bi -Weekly 4,397.01 4,616.86 4,847.70 5,090.09 5,344.59 5,611.82 Monthly EMERGENCY MANAGEMENT 38.00 39.90 41.89 43.99 46.19 48.50 Hourly COORDINATOR 3,039.81 3,191.80 3,351.39 3,518.96 3,694.91 3,879.65 Bi -Weekly 6,586.25 6,915.56 7,261.34 7,624.41 8,005.63 8,405.91 Monthly EMERGENCY MEDICAL SERVICES 49.38 51.85 54.44 57.16 60.02 63.02 Hourly ADMINISTRATOR 3,950.49 4,148.01 4,355.41 4,573.18 4,801.84 5,041.93 Bi -Weekly 8,559.39 8,987.36 9,436.73 9,908.56 10,403.99 10,924.19 Monthly FIRE EQUIPMENT APPRENTICE 19.33 20.29 21.31 22.37 23.49 24.67 Hourly MECHANIC 1,546.20 1,623.51 1,704.69 1,789.93 1,879.42 1,973.39 Bi -Weekly 3,350.11 3,517.62 3,693.50 3,878.17 4,072.08 4,275.68 Monthly FIRE EQUIPMENT LEAD MECHANIC 26.64 27.97 29.37 30.83 32.38 33.99 Hourly 2,130.86 2,237.41 2,349.28 2,466.74 2,590.08 2,719.58 Bi -Weekly 4616.87 4847.71 5090.10 5344.60 5611.83 5892.43 Monthly FIRE EQUIPMENT MECHANIC 24.16 25.37 26.64 27.97 29.37 30.83 Hourly 1,932.75 2,029.39 2,130.86 2,237.40 2,349.27 2,466.74 Bi -Weekly 4,187.63 4397.01 4616.86 4847.71 5090.09 5344.59 Monthly FIRE INFORMATION SYSTEMS 24.07 25.27 26.54 27.87 29.26 30.72 Hourly TECHNICIAN 1,925.70 2,021.99 2,123.08 2,229.24 2,340.70 2,457.74 Bi -Weekly 4,172.35 4380.97 4600.02 4830.02 5071.52 5325.09 Monthly FIRE PREVENTION SPECIALIST 25.48 26.76 28.09 29.50 30.97 32.52 Hourly INSPECTION 1 2,038.50 2,140.43 2,247.45 2,359.82 2,477.82 2,601.71 Bi -Weekly 4,416.76 4637.60 4869.48 5112.95 5368.60 5637.03 Monthly FIRE PREVENTION SPECIALIST 28.09 29.50 30.97 32.52 34.15 35.85 Hourly INSPECTION II 2,247.45 2,359.82 2,477.82 2,601.71 2,731.79 2,868.38 Bi -Weekly 4,869.48 5112.95 5368.60 5637.03 5918.88 6214.83 Monthly FIRE PREVENTION SUPERVISOR 31.96 33.56 35.24 37.00 38.85 40.79 Hourly 2,557.03 2,684.89 2,819.13 2,960.09 3,108.09 3,263.50 Bi -Weekly 5,540.24 5817.25 6108.11 6413.52 6734.20 7070.91 Monthly FIRE SHOP SUPERVISOR 31.96 33.56 35.24 37.00 38.85 40.79 Hourly 2,557.03 2,684.89 2,819.13 2,960.09 3,108.09 3,263.50 Bi -Weekly 5,540.24 5817.25 6108.11 6413.52 6734.20 7070.91 Monthly Attachment 4 Page 34 FIRE SUPPORT SERVICES ASSOCIATION SALARY SCHEDULE AS OF JULY 14, 2018 A B C D E F MAINTENANCE OFFICER 36.33 38.15 40.05 42.06 44.16 46.37 Hourly 2,906.43 3,051.75 3,204.34 3,364.56 3,532.79 3,709.43 Bi -Weekly 6,297.27 6612.13 6942.74 7289.88 7654.37 8037.09 Monthly MANAGEMENT AIDE 24.99 26.24 27.56 28.93 30.38 31.90 Hourly 1,999.49 2,099.47 2,204.44 2,314.66 2,430.39 2,551.91 Bi -Weekly 4,332.23 4548.84 4776.28 5015.10 5265.85 5529.15 Monthly MANAGEMENT ANALYST 1 29.01 30.46 31.98 33.58 35.26 37.02 Hourly 2,320.73 2,436.77 2,558.61 2,686.54 2,820.86 2,961.91 Bi -Weekly 5,028.25 5279.66 5543.65 5820.83 6111.87 6417.46 Monthly MANAGEMENT ANALYST II 33.34 35.00 36.75 38.59 40.52 42.55 Hourly 2,666.98 2,800.33 2,940.34 3,087.36 3,241.73 3,403.81 Bi -Weekly 5,778.45 6067.37 6370.74 6689.28 7023.74 7374.93 Monthly MANAGEMENT ANALYST III 36.31 38.12 40.03 42.03 44.13 46.34 Hourly 2,904.64 3,049.87 3,202.36 3,362.48 3,530.60 3,707.13 Bi -Weekly 6,293.38 6608.05 6938.45 7285.37 7649.64 8032.12 Monthly OFFICE SERVICES CLERK 17.54 18.42 19.34 20.30 21.32 22.38 Hourly 1,403.10 1,473.26 1,546.92 1,624.26 1,705.48 1,790.75 Bi -Weekly 3,040.05 3192.05 3351.66 3519.24 3695.20 3879.96 Monthly OFFICE SPECIALIST 1 15.88 16.67 17.50 18.38 19.30 20.26 Hourly 1,270.09 1,333.59 1,400.27 1,470.29 1,543.80 1,620.99 Bi -Weekly 2,751.86 2889.45 3033.93 3185.62 3344.90 3512.15 Monthly OFFICE SPECIALIST II 17.54 18.42 19.34 20.30 21.32 22.38 Hourly 1,403.10 1,473.26 1,546.92 1,624.26 1,705.48 1,790.75 Bi -Weekly 3,040.05 3192.05 3351.66 3519.24 3695.20 3879.96 Monthly PLANS EXAMINER - FIRE 33.37 35.04 36.79 38.63 40.57 42.59 Hourly 2,669.90 2,803.39 2,943.56 3,090.74 3,245.28 3,407.54 Bi -Weekly 5,784.78 6074.02 6377.72 6696.61 7031.44 7383.01 Monthly PUBLIC EDUCATION 28.09 29.50 30.97 32.52 34.15 35.85 Hourly SPECIALIST 2,247.45 2,359.82 2,477.82 2,601.71 2,731.79 2,868.38 Bi -Weekly 4,869.48 5112.95 5368.60 5637.03 5918.88 6214.83 Monthly SECRETARY 19.86 20.85 21.89 22.99 24.14 25.34 Hourly 1,588.50 1,667.92 1,751.32 1,838.88 1,930.83 2,027.37 Bi -Weekly 3,441.74 3613.83 3794.52 3984.24 4183.46 4392.63 Monthly SENIOR ADMINISTRATIVE 25.48 26.75 28.09 29.50 30.97 32.52 Hourly SECRETARY 2,038.45 2,140.38 2,247.40 2,359.77 2,477.75 2,601.64 Bi -Weekly 4,416.65 4637.48 4869.36 5112.82 5368.47 5636.89 Monthly Attachment 4 Page 35 Resolution No. FD 18 -XXX FIRE DISTRICT PART-TIME HOURLY SALARY SCHEDULE AS OF JULY 14, 2018 Attachment 5 Page 36 A B C D E F COMMUNICATIONS TECHNICIAN 24.38 25.60 26.88 28.23 29.64 31.12 Hourly EMERGENCY MEDICAL SERVICES 41.14 43.20 45.36 47.62 50.01 52.51 Hourly QUALITY IMPROVEMENT NURSE FIRE CLERK 11.00 11.55 12.13 12.73 13.37 14.04 Hourly FIRE EQUIPMENT MECHANIC 23.22 24.38 25.60 26.88 28.23 29.64 Hourly FIRE INFORMATION SYSTEMS 23.14 24.29 25.51 26.78 28.12 29.53 Hourly TECHNICIAN FIRE PREVENTION ASSISTANT 11.00 11.55 12.13 12.73 13.37 14.04 Hourly TEMPORARY/PART-TIME FIRE PREVENTION SPECIALIST 24.49 25.72 27.00 28.35 29.77 31.26 Hourly INSPECTION I MANAGEMENT AIDE 24.01 25.24 26.53 27.88 29.16 30.62 Hourly MANAGEMENT ANALYST 1 27.88 29.31 30.81 32.39 33.87 35.56 Hourly OFFICE SERVICES CLERK 16.85 17.71 18.62 19.57 20.47 21.49 Hourly OFFICE SPECIALIST 1 15.25 16.03 16.85 17.71 18.52 19.45 Hourly OFFICE SPECIALIST II 16.85 17.71 18.62 19.57 20.47 21.49 Hourly PLANS EXAMINER - FIRE 32.08 33.68 35.37 37.13 38.99 40.94 Hourly QUALITY IMPROVEMENT 27.79 29.18 30.64 32.17 33.78 35.47 Hourly SPECIALIST Attachment 5 Page 36 DATE: June 20, 2018 TO: Chair and Members of the Board FROM: John R. Gillison, City Manager INITIATED BY: Flavio H. Nunez, Management Analyst II SUBJECT: CONSIDERATION TO APPROVE AMENDMENT NO. 2 TO A DISPOSITION, DEVELOPMENT AND LOAN AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA IN ITS CAPACITY AS THE HOUSING SUCCESSOR TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, AND DAY CREEK SENIOR HOUSING PARTNERS, LP FOR A 140 - UNIT AFFORDABLE SENIOR HOUSING PROJECT TO BE DEVELOPED WEST OF DAY CREEK BOULEVARD AND NORTH OF BASE LINE ROAD. (AP N 1089-031-36) RECOMMENDATION: Staff recommends approval of Amendment No. 2 to Disposition, Development and Loan Agreement (DDLA) between the City of Rancho Cucamonga in its capacity as the Housing Successor to the Rancho Cucamonga Redevelopment Agency, and Day Creek Senior Housing Partners, LP for 140 -unit affordable senior housing to be development west of Day Creek Boulevard and north of Base Line Road. (APN 1089-031-36). BACKGROUND: In September 2014, the Successor Agency entered into a Purchase and Sale Agreement with a developer for the 14 acre site located at the northwest corner of Base Line Road and Day Creek Boulevard. The land transaction provided for the sale of the 14 acre site with the intent that 10 acres would be developed as a neighborhood commercial shopping center and 4 acres would be used to develop affordable senior housing. Construction on the 10 acre site has now been completed. The buyer and developer were allowed up to one year after the close of escrow to pursue an affordable housing development. The developer chose not to pursue the affordable housing development and conveyed the property, at no cost, to the Housing Successor Agency (the "HSA"). The HSA approved the Certificate of Acceptance of the property at its December 16, 2015 meeting. The property includes a recorded covenant that requires it to be built for affordable senior housing purposes. On May 4, 2016 the HSA approved a Disposition, Development and Loan Agreement between the City, in its capacity as the HSA and Day Creek Senior Housing Partners, LP also known as National CORE for development of a 140 -unit multi -family affordable senior housing. ANALYSIS: The City has been working closely with National Core in order to construct a 140 -unit affordable senior housing project adjacent to the 10 -acre commercial neighborhood retail center. The proposed project will consist of 139 affordable senior housing units plus one manager unit. In June 2017, National CORE Page 37 informed City staff that a recent decision by the County of San Bernardino to eliminate Project Based Vouchers for Day Creek Villas combined with a drop-in value of tax credit allocations due to tax reform has created a financing gap. National CORE requested an additional $1,000,000.00. As a result, the DDLA was amended to provide additional funds needed to meet the gap provided the project received 9% tax credits. I n May 2018, National CORE was informed that the project was not awarded tax credit funding. Under the DDLA, National CORE has one more opportunity to apply for tax credits. National CORE is requesting that the Housing Successor Agency (HAS) increase their loan commitment by an additional $500,000, which will help Day Creek to be more competitive in the 2018 Second Round of 9% LI HTC competition as well as help offset cost increases that the construction industry is experiencing due to a sharp rise in the cost of building materials as well as the construction labor shortage which increases the cost of building housing. The HSAs investment in the project will allow National CORE to complete the project and maintain an affordability covenant on the property for a 55 -year term for households earning 30%, 45%, 50%, and 60% (See Attachment 2). The Amendment to DDLA outlines the terms that were negotiated between City and National CORE that are necessary in order to see the project come to fruition. Key agreement points include: • The Housing Successor Agency will provide an additional construction loan for total amount of $1,500,000.00 from Housing funds provided the project receives 9% tax credits. • This amount along with the original $4,200,000, and the value of the land, will be combined into a loan to the project which will bear 3% simple interest and will be repaid annually from 50% of the residual receipts from the development. The term of the loan will be 55 years. • The developer will construct and operate the development pursuant to the regulatory agreement that will be recorded on the property to assure affordability of the 139 units for 55 years FISCAL IMPACT: The Housing Successor Agency will provide a $1,500,000.00 construction loan from Housing Funds to Day Creek Senior Housing provided the project receives 9% tax credits. COUNCIL GOAL(S) ADDRESSED: Although a specific current City Council goal does not apply to this project, the project is consistent with the use of funds and vision of the General Plan by providing affordable housing opportunities throughout the community. ATTACHMENTS: Description Attachment 1 - Second Amendment To Disposition, Development and Loan Agreement Page 38 SECOND AMENDMENT TO DISPOSITION, DEVELOPMENT AND LOAN AGREEMENT (Day Creek) This SECOND AMENDMENT TO DISPOSITION, DEVELOPMENT AND LOAN AGREEMENT (the "Second Amendment") is dated as of June 20, 2018, and is entered into by and between the CITY OF RANCHO CUCAMONGA, as successor to the housing assets of the former Rancho Cucamonga Redevelopment Agency ("City") and DAY CREEK SENIOR HOUSING PARTNERS, LP, a California limited partnership ("Developer"). RECITALS A. City and Developer entered into a Disposition, Development and Loan Agreement dated in 2016 ("DDLA"). B. City and Developer entered into an amendment to the DDLA dated in 2017 ("First Amendment"), where, among other things, City agreed to make an additional construction loan (the "Additional Loan") of One Million and No/100 Dollars ($1,000,000.00) provided certain conditions are satisfied. C. Developer has requested and City agrees to increase the amount of the Additional Loan by Five Hundred Thousand and No/ 100 Dollars ($500,000) for a total amount of One Million Five Hundred Thousand and No/100 Dollars ($1,500,000.000), on the same terms and conditions as described in the DDLA and the First Amendment, in order to increase affordable housing in the City and better comply with the City's goals and requirements imposed on the City by State law. D. Capitalized terms used but not defined herein shall have the meaning set forth in the DDLA and First Amendment. NOW, THEREFORE, in consideration of the foregoing recitals, the mutual terms hereof, and other consideration, the sufficiency of which is hereby acknowledged, Developer and City agree as follows: 1. Additional Loan. The Additional Loan described in the First Amendment is hereby increased to an amount equal to One Million Five Hundred Thousand and No/ 100 Dollars ($1,500,000.000). 2. DDLA and First Amendment Remain Effective. Except for the changes specifically set forth herein, all other terms and conditions of the DDLA and First Amendment shall remain in full force and effect. 3. Conflicts with the DDLA and First Amendment. In the event of any conflict between this Second Amendment and the DDLA and First Amendment, the provisions of this Second Amendment shall prevail. 4. Counterparts. This Second Amendment may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. 1123 1-0001\2191509v1.doc Page 39 IN WITNESS WHEREOF, the Developer and City (acting through its City Manager) have executed this Second Amendment as of the date first set forth above. CITY: CITY OF RANCHO CUCAMONGA John Gillison, City Manager Attest: Janice C. Reynolds, City Clerk Approved as to Form: James L. Markman City Attorney Signatures Continue on Following Page -2- 1123 2- 11231-0001\2191509v1.doc Page 40 DEVELOPER: DAY CREEK SENIOR HOUSING PARTNERS, LP, a California limited partnership By: Day Creek Senior Housing Partners MGP, LLC, a California limited liability company, Its Managing General Partner By: National Community Renaissance of California, a California nonprofit public benefit corporation, Its Manager and Sole Member By: Print Name: Title: -3- 1123 3- 11231-0001\2191509v1.doc Page 41 H-1 11231-0001\2191509v1.doc Page 42 DATE: June 20, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Linda A. Troyan, City Clerk Services Director SUBJECT: CONSIDERATION OF MEETING MINUTES: REGULAR MEETING OF MAY 2, 2018 AND SPECIAL MEETING OF JUNE 7, 2018. RECOMMENDATION: Staff recommends approval of the May 2, 2018 and June 7, 2018 Meeting Minutes for the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council. BACKGROUND: N/A ANALYSIS: N/A FISCAL IMPACT: N/A COUNCIL GOAL(S) ADDRESSED: N/A ATTACHMENTS: Description Attachment 1 - Special Meeting, May 2, 2018 - Minutes Attachment 2 - Special Meeting, June 7, 2018 Page 43 MAY 2, 2018 CITY OF RANCHO CUCAMONGA CITY COUNCIL SPECIAL MEETING WORKSHOP MINUTES The City Council held a Special Meeting on Wednesday, May 2, 2018 in the Tri -Communities Conference Room, 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Pro Tem Kennedy called the meetings to order at 3:33 p.m. Present were Council Members: Bill Alexander, Sam Spagnolo, Diane Williams, Mayor Pro Tem Lynne Kennedy. Mayor L. Dennis Michael was absent. Also present were: John Gillison, City Manager; Lori Sassoon, Deputy City Manager/Administrative Services; and Linda A. Troyan, City Clerk Services Director. Council Member Alexander led the Pledge of Allegiance. Victoria Jones, on behalf of Friends of P.E. Trail, spoke in support of the Depot and asked the City to reconsider using grant funds for a bathroom at trail head. ETIWANDA TRAIN DEPOT PRESERVATION & RESTORATION PROJECT UPDATE. Lori Sassoon, Deputy City Manager/Administrative Services, reviewed the draft outline of the Request for Proposals timeline & Public Improvements for the restoration and adaptive reuse of the Etiwanda Train Depot via a PowerPoint Presentation. Council commented on the timeline Council discussion focused on restoration costs, potential uses of solar, the buildings on the National Register of Historic Places, and use of a specialized historic preservation consultant. Councilmember Alexander wanted to delay moving forward with RFP to allow comment from public and volunteers. City Manager Gillison acknowledged that staff can move forward and still allow 30 days for public to provide comments to staff. City Council agreed and had a consensus to move forward with the RFP process and timeline. The City Council adjourned at 4:25 p.m. Approved: ****************** Respectfully submitted, Linda A. Troyan, MMC City Clerk Services Director **DRAFT** May 2, 2018 1 City Council Special Meeting Minutes City of Rancho Cucamonga I Page 1 of 1 Page 44 June 7, 2018 CITY OF RANCHO CUCAMONGA CITY COUNCIL AND FIRE PROTECTION DISTRICT SPECIAL MEETING MINUTES The City Council and Rancho Cucamonga Fire Protection District held a special meeting on Thursday, June 7, 2018 in the Tri -Communities Conference Room, 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor L. Dennis Michael called the meetings to order at 5:02 p.m. Present were Council Members: Bill Alexander, Sam Spagnolo, Diane Williams, Mayor Pro Tem Lynne Kennedy and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Lori Sassoon, Deputy City Manager/Administrative Services; Tamara Layne, Finance Director; and Linda A. Troyan, City Clerk Services Director. Council Member Alexander led the Pledge of Allegiance No public communications were made. DISCUSSION AND CONSIDERATION OF PROPOSED BUDGETS FOR FISCAL YEAR 2018/19 (The budget is available for review at the City Clerk's Office, Biane Library, Archibald Library.) John Gillison, City Manager, via a PowerPoint presentation, presented the budgets. Council reviewed and provided comments. Council was provided a Memorandum from the City Manager with updated budget pages about the Highway User Tax Account revenue estimates, also referred to as Gas Tax revenues. The detailed pages will be updated prior to the printing of the final adopted budget. The preliminary budget and PowerPoint presentation are available on the City's website. Adoption of the budgets is scheduled for June 21, 2018 at 5:00 p.m. The City Council and Fire Protection District Special meetings adjourned at 6:30 p.m. Respectfully submitted, Linda A. Troyan, MMC City Clerk Services Director Approved: Wednesday, June XX, XXXX — Regular City Council Meeting June 7, 2018 1 City Council and Fire Protection District Special Meeting Minutes City of Rancho Cucamonga I Page 1 of 1 Page 45 DATE: June 20, 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 $1,114,755.13 AND WEEKLY CHECK REGISTERS IN THE AMOUNT OF $6,369,109.81 DATED MAY 29, 2018 THROUGH JUNE 11, 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 46 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/29/2018 through 6/11/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00008041 05/30/2018 ALL CITY MANAGEMENT SERVICES INC. 19,231.14 0.00 19,231.14 AP 00008042 05/30/2018 NORMAN A TRAUB ASSOCIATES 1,361.93 0.00 1,361.93 AP 00008043 06/06/2018 CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA 13,405.00 0.00 13,405.00 AP 00008044 06/06/2018 CHAFFEY JOINT UNION HS DISTRICT 1,668.60 0.00 1,668.60 AP 00008045 06/06/2018 RCCEA 1,912.50 0.00 1,912.50 AP 00008046 06/06/2018 RCPFA 11,512.57 0.00 11,512.57 AP 00008047 06/06/2018 SAN BERNARDINO CTY SHERIFFS DEPT 2,927,876.00 0.00 2,927,876.00 AP 00008048 06/06/2018 TANKO LIGHTING 13,114.36 0.00 13,114.36 AP 00390905 05/30/2018 ACTION AWARDS INC. 1,036.80 0.00 1,036.80 AP 00390906 05/30/2018 ADAPT CONSULTING INC 2,806.18 0.00 2,806.18 AP 00390907 05/30/2018 ADVANCED UTILITY SYSTEMS CORP. 10,416.67 0.00 10,416.67 AP 00390908 05/30/2018 AFSS SOUTHERN DIVISION 0.00 25.00 25.00 AP 00390909 05/30/2018 ALL CITIES TOOLS 0.00 533.36 533.36 AP 00390910 05/30/2018 ALLIANT INSURANCE SERVICES INC. 656.00 0.00 656.00 AP 00390911 05/30/2018 ALTA VISTA MOBILE HOME PARK 500.00 0.00 500.00 AP 00390912 05/30/2018 AMERON POLE PRODUCTS LLC 37,341.62 0.00 37,341.62 AP 00390913 05/30/2018 AMLON INDUSTRIES INC. 1,481.38 0.00 1,481.38 AP 00390914 05/30/2018 AROCHO, ALMA 1,115.90 0.00 1,115.90 AP 00390915 05/30/2018 ATKINSON BAKER INC 332.22 0.00 332.22 AP 00390916 05/30/2018 AUFBAU CORPORATION 0.00 14,100.00 14,100.00 AP 00390917 05/30/2018 BAST, KAROLYN 15.60 0.00 15.60 AP 00390918 05/30/2018 BENNETT, JEFFREY 60.79 0.00 60.79 AP 00390919 05/30/2018 BEST BEST AND KRIEGER 533.21 0.00 533.21 AP 00390920 05/30/2018 BRAUN BLAISING SMITH WYNNE P.C. 688.50 0.00 688.50 AP 00390921 05/30/2018 C V W D 14,910.10 518.05 15,428.15 *** AP 00390922 05/30/2018 CA LLC - DBA ALTA LAGUNA MHP 600.00 0.00 600.00 AP 00390923 05/30/2018 CALIFORNIA BANK & TRUST 45,344.02 12,385.10 57,729.12 *** AP 00390924 05/30/2018 CALIFORNIA FIRE CHIEFS ASSOC. 0.00 800.00 800.00 AP 00390925 05/30/2018 CARQUEST AUTO PARTS 59.21 0.00 59.21 AP 00390926 05/30/2018 CASA VOLANTE MOBILE HOME PARK 900.00 0.00 900.00 AP 00390927 05/30/2018 CCS ORANGE COUNTY JANITORIAL INC. 597.50 0.00 597.50 AP 00390928 05/30/2018 CHAPARRAL HEIGHTS MOBILE HOME PARK 700.00 0.00 700.00 AP 00390929 05/30/2018 CINTAS CORPORATION #150 3,034.45 295.70 3,330.15 *** AP 00390930 05/30/2018 CLARK, KAREN 720.00 0.00 720.00 AP 00390931 05/30/2018 CLEANRIVER RECYCLING SOLUTIONS 9,549.00 0.00 9,549.00 AP 00390932 05/30/2018 CONFIRE JPA 0.00 54,187.68 54,187.68 AP 00390933 05/30/2018 CUCAMONGA VALLEY WATER DISTRICT 23,133.80 0.00 23,133.80 AP 00390934 05/30/2018 DAISY 1,848.99 0.00 1,848.99 AP 00390935 05/30/2018 DANIELS, NOAH 31.17 0.00 31.17 AP 00390936 05/30/2018 DEALER ALTERNATIVE SOLUTIONS 1,052.38 0.00 1,052.38 AP 00390937 05/30/2018 DEMCOINC 503.29 0.00 503.29 AP 00390938 05/30/2018 DEPARTMENT OF JUSTICE 1,963.00 0.00 1,963.00 AP 00390939 05/30/2018 DEPENDABLE COMPANY INC. 51.25 0.00 51.25 AP 00390940 05/30/2018 DOLLARHIDE, GINGER 160.00 0.00 160.00 AP 00390941 05/30/2018 DRAMATIC PUBLISHING 9,666.28 0.00 9,666.28 AP 00390942 05/30/2018 DUMBELL MAN FITNESS EQUIPMENT, THE 150.00 150.00 300.00 *** AP 00390943 05/30/2018 DUNK, ANN MARIE 528.00 0.00 528.00 User: VLOPEZ - VERONICA LOPEZ Page: 1 Current Date: 06/12/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 09:20:02 Page 47 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/29/2018 through 6/11/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00390944 05/30/2018 EASTERLING, RAY 259.20 0.00 259.20 AP 00390945 05/30/2018 ECS IMAGING INC 15,955.00 0.00 15,955.00 AP 00390946 05/30/2018 ENN GEE CORP. 533.99 0.00 533.99 AP 00390947 05/30/2018 EXPRESS BRAKE SUPPLY 1,127.06 0.00 1,127.06 AP 00390948 05/30/2018 FLEET SERVICES INC. 0.00 79.32 79.32 AP 00390949 05/30/2018 FORTIN LAW GROUP 17,683.73 0.00 17,683.73 AP 00390950 05/30/2018 GEOGRAPHICS 1,378.50 0.00 1,378.50 AP 00390951 05/30/2018 GIORDANO, MARIANNA 96.00 0.00 96.00 AP 00390952 05/30/2018 GONSALVES AND SON,JOE A 3,045.00 0.00 3,045.00 AP 00390953 05/30/2018 GOODYEAR TIRE AND RUBBER CO. 599.09 0.00 599.09 AP 00390954 05/30/2018 GRAINGER 727.87 1,461.67 2,189.54 *** AP 00390955 05/30/2018 GRIFFIN STRUCTURES INC 26,787.60 0.00 26,787.60 AP 00390956 05/30/2018 GROVES ON FOOTHILL, THE 300.00 0.00 300.00 AP 00390957 05/30/2018 HAMILTON, MONIQUE 960.00 0.00 960.00 AP 00390958 05/30/2018 HAMPTON YOGA 1,080.00 0.00 1,080.00 AP 00390959 05/30/2018 HEDIGER, PATRICK 114.00 0.00 114.00 AP 00390960 05/30/2018 HINDERLITER DE LLAMAS AND ASSOCIATES 15,540.47 0.00 15,540.47 AP 00390961 05/30/2018 HOFERT, JONATHAN ALVIN 250.00 0.00 250.00 AP 00390962 05/30/2018 HOMETOWN AMERICA RAMONA VILLA 800.00 0.00 800.00 AP 00390963 05/30/2018 IMPERO SOLUTIONS INC 1,540.00 0.00 1,540.00 AP 00390964 05/30/2018 INK SLINGER SCREEN PRINTING & EMBROIDERY 1,644.59 0.00 1,644.59 AP 00390965 05/30/2018 INLAND EMPIRE PROPERTY SERVICES INC 0.00 2,370.00 2,370.00 AP 00390966 05/30/2018 INTELESYS ONE INC 36,137.00 0.00 36,137.00 AP 00390967 05/30/2018 JACKSON LEWIS P C 1,960.00 0.00 1,960.00 AP 00390968 05/30/2018 JOHNSON, CAROLINE 250.00 0.00 250.00 AP 00390969 05/30/2018 JOHNSON, JOSEPH 61.00 0.00 61.00 AP 00390970 05/30/2018 KARPINSKI JR, LAWRENCE 58.00 0.00 58.00 AP 00390971 05/30/2018 KELLY, ANDREA 61.00 0.00 61.00 AP 00390972 05/30/2018 LAMIE, GEORGE 86.00 0.00 86.00 AP 00390973 05/30/2018 LATREACE, RAINEY 392.00 0.00 392.00 AP 00390974 05/30/2018 LEE, HAROLD G 110.00 0.00 110.00 AP 00390975 05/30/2018 LEE, VAUGHN 15.56 0.00 15.56 AP 00390976 05/30/2018 LEON, JOSIE V 93.00 0.00 93.00 AP 00390977 05/30/2018 LIFE ASSIST INC 0.00 135.92 135.92 AP 00390978 05/30/2018 LOZANO, DIANE M 61.00 0.00 61.00 AP 00390979 05/30/2018 MADARIS, CHERYL A 61.00 0.00 61.00 AP 00390980 05/30/2018 MARIPOSA LANDSCAPES INC 1,366.92 0.00 1,366.92 AP 00390981 05/30/2018 MATLOCK DESIGN BUILD INC 400.00 0.00 400.00 AP 00390982 05/30/2018 MCALISTER, ELBERT 61.00 0.00 61.00 AP 00390983 05/30/2018 MCKANEY, AARON RAY 93.00 0.00 93.00 AP 00390984 05/30/2018 MENDOZA, DARIO 165.00 0.00 165.00 AP 00390985 05/30/2018 MEZA, ROWENA 93.00 0.00 93.00 AP 00390986 05/30/2018 MIDWEST TAPE 90.97 0.00 90.97 AP 00390987 05/30/2018 MILE TRANSPORT INC 11.00 0.00 11.00 AP 00390988 05/30/2018 MITCHELL, CALVIN 154.00 0.00 154.00 AP 00390989 05/30/2018 MORRO, NICHOLE R 18.00 0.00 18.00 AP 00390990 05/30/2018 MSNOC INC 2,050.00 0.00 2,050.00 User: VLOPEZ - VERONICA LOPEZ Page: 2 Current Date: 06/12/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 09:20:02 Page 48 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/29/2018 through 6/11/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00390991 05/30/2018 MUNSON, BRIAN 150.00 0.00 150.00 AP 00390992 05/30/2018 MUSE, JAYNA 61.00 0.00 61.00 AP 00390993 05/30/2018 NAPA AUTO PARTS 0.00 135.72 135.72 AP 00390994 05/30/2018 NATHANIEL HOME INC 367.06 0.00 367.06 AP 00390995 05/30/2018 NEOPOST USA INC 452.69 0.00 452.69 AP 00390996 05/30/2018 NORTHTOWN HOUSING DEVELOPMENT CORP. 1,117.06 0.00 1,117.06 AP 00390997 05/30/2018 NOVELTY PRINTING 0.00 1,054.60 1,054.60 AP 00390998 05/30/2018 NUNEZ TRANSPORT INC 283.00 0.00 283.00 AP 00390999 05/30/2018 OBIDEYI, MARY 75.00 0.00 75.00 AP 00391000 05/30/2018 ONTARIO WINNELSON CO 81.87 0.00 81.87 AP 00391001 05/30/2018 ONTRAC 92.17 0.00 92.17 AP 00391002 05/30/2018 ORONA, PATRICIA 910.00 0.00 910.00 AP 00391003 05/30/2018 OTT, LAURA 729.00 0.00 729.00 AP 00391004 05/30/2018 OTT, SHARON 666.00 0.00 666.00 AP 00391005 05/30/2018 PAPAZOGLU, NORAY 1,058.40 0.00 1,058.40 AP 00391006 05/30/2018 PARS 3,500.00 0.00 3,500.00 AP 00391007 05/30/2018 PINES MOBILE HOME PARK, THE 400.00 0.00 400.00 AP 00391008 05/30/2018 PSA PRINT GROUP 88.36 38.79 127.15 *** AP 00391009 05/30/2018 QUINN COMPANY 0.00 45.05 45.05 AP 00391010 05/30/2018 R W ELECTRICAL 110.74 0.00 110.74 AP 00391011 05/30/2018 RAMIREZ, JUDY 113.00 0.00 113.00 AP 00391012 05/30/2018 RAMOS, JUAN 336.00 0.00 336.00 AP 00391013 05/30/2018 RANCHO CUCAMONGA CHAMBER OF COMMERCE 3,166.00 0.00 3,166.00 AP 00391014 05/30/2018 RANCHO CUCAMONGA COMMUNITY & ARTS 154.59 0.00 154.59 AP 00391015 05/30/2018 REDA, TRICIA 147.00 0.00 147.00 AP 00391016 05/30/2018 RICE, ANNETTE C 135.00 0.00 135.00 AP 00391017 05/30/2018 RIGLEMAN, ENCARNACION ONTIVEROS 160.00 0.00 160.00 AP 00391018 05/30/2018 ROBINSON, STEPHEN 62.48 0.00 62.48 AP 00391019 05/30/2018 ROMERO, GERARDO 61.00 0.00 61.00 AP 00391020 05/30/2018 SAFARILAND LLC 0.00 2,084.97 2,084.97 AP 00391021 05/30/2018 SAN ANTONIO RADIOLOGICAL MEDICAL GROUP 0.00 36.00 36.00 AP 00391022 05/30/2018 SC FUELS 0.00 9,847.90 9,847.90 AP 00391023 05/30/2018 SC FUELS 0.00 940.77 940.77 AP 00391024 05/30/2018 SCHELL, JAMIE 44.65 0.00 44.65 AP 00391025 05/30/2018 SCHLOEPP, MATTHEW 61.00 0.00 61.00 AP 00391026 05/30/2018 SCL 0.00 4,421.26 4,421.26 AP 00391027 05/30/2018 SEIDMAN, EVELYN 93.00 0.00 93.00 AP 00391028 05/30/2018 SENECHAL, CALVIN 616.20 0.00 616.20 AP 00391029 05/30/2018 SHRED PROS 0.00 40.00 40.00 AP 00391030 05/30/2018 SILVER & WRIGHT LLP 7,426.68 663.00 8,089.68 *** AP 00391031 05/30/2018 SKY MOUNTAIN CHARTER - RENTALS ONLY 250.00 0.00 250.00 AP 00391032 05/30/2018 SOFTWARE ONE 387,153.50 37,513.00 424,666.50 *** AP 00391033 05/30/2018 SOUTH COAST AQMD 0.00 128.61 128.61 AP 00391034 05/30/2018 SOUTHERN CONTRACTING 34,822.17 0.00 34,822.17 AP 00391035 05/30/2018 SPROUT SOCIAL INC 7,187.76 0.00 7,187.76 AP 00391036 05/30/2018 STERLING COFFEE SERVICE 1,621.65 0.00 1,621.65 AP 00391037 05/30/2018 STOUT, BRUCE KENDALL 165.00 0.00 165.00 User: VLOPEZ - VERONICA LOPEZ Page: 3 Current Date: 06/12/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 09:20:02 Page 49 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/29/2018 through 6/11/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00391038 05/30/2018 STOVER, JEFF 6,500.00 0.00 6,500.00 AP 00391039 05/30/2018 STREAMLINE PRESS INC 0.00 199.88 199.88 AP 00391040 05/30/2018 SUNERGY CONSTRUCTION INC 95.32 0.00 95.32 AP 00391041 05/30/2018 SUNIGA, ALYCIA 153.91 0.00 153.91 AP 00391042 05/30/2018 SYCAMORE VILLA MOBILE HOME PARK 300.00 0.00 300.00 AP 00391043 05/30/2018 TAPIA, ANTONIO 93.00 0.00 93.00 AP 00391044 05/30/2018 TERRY M HILL & ASSOCIATES INC 8,000.00 0.00 8,000.00 AP 00391045 05/30/2018 TEXAS MEDICAL SCREENING LLC 445.00 0.00 445.00 AP 00391046 05/30/2018 THE COUNSELING TEAM INTERNATIONAL 0.00 2,025.00 2,025.00 AP 00391047 05/30/2018 THREE LIONS ENTERTAINMENT 525.00 0.00 525.00 AP 00391048 05/30/2018 TOVEY/SHULTZ CONSTRUCTION INC 861,536.31 235,317.04 1,096,853.35 *** AP 00391049 05/30/2018 TYUS, IDA 297.00 0.00 297.00 AP 00391050 05/30/2018 U.S. BANK PARS ACCT #6746022500 1,497.13 0.00 1,497.13 AP 00391051 05/30/2018 U.S. BANK PARS ACCT #6746022500 24,715.34 0.00 24,715.34 AP 00391052 05/30/2018 UNITED PACIFIC SERVICES INC 93,374.00 0.00 93,374.00 AP 00391053 05/30/2018 UNITED RENTALS NORTH AMERICAN INC 1,046.74 0.00 1,046.74 AP 00391054 05/30/2018 UNITED RENTALS NORTH AMERICAN INC 741.35 0.00 741.35 AP 00391055 05/30/2018 UPS 56.26 0.00 56.26 AP 00391056 05/30/2018 UTILIQUEST 2,278.47 0.00 2,278.47 AP 00391057 05/30/2018 VERIZON WIRELESS - LA 421.11 0.00 421.11 AP 00391058 05/30/2018 VERIZON WIRELESS - LA 0.00 3,375.61 3,375.61 AP 00391059 05/30/2018 VISION COMMUNICATIONS CO 190.00 0.00 190.00 AP 00391060 05/30/2018 VORTEX INDUSTRIES INC 4,645.95 0.00 4,645.95 AP 00391061 05/30/2018 WALTERS WHOLESALE ELECTRIC CO 1,072.99 76.53 1,149.52 *** AP 00391062 05/30/2018 WAXIE SANITARY SUPPLY 3,366.17 0.00 3,366.17 AP 00391063 05/30/2018 WELLS, JUDITH 76.85 0.00 76.85 AP 00391064 05/30/2018 WHERRY, HAROLD 1,000.00 0.00 1,000.00 AP 00391065 05/30/2018 WILBUR-ELLIS COMPANY 621.72 0.00 621.72 AP 00391066 05/30/2018 WT.COX INFORMATION SERVICES 297.26 0.00 297.26 AP 00391067 05/31/2018 CASA VOLANTE MOBILE HOME PARK 800.00 0.00 800.00 AP 00391068 05/31/2018 GENTRY BROS INC 23,989.00 0.00 23,989.00 AP 00391069 05/31/2018 QUALITY TRUCK ELECTRIC INC 0.00 942.81 942.81 AP 00391070 05/31/2018 FORD OF UPLAND INC 1,461.67 0.00 1,461.67 AP 00391071 05/31/2018 INLAND VALLEY DAILY BULLETIN 6,377.30 0.00 6,377.30 AP 00391072 05/31/2018 LIMS AUTO INC 471.02 0.00 471.02 AP 00391073 05/31/2018 OFFICE DEPOT 1,057.93 0.00 1,057.93 AP 00391074 06/06/2018 49ER COMMUNICATIONS 0.00 162.92 162.92 AP 00391075 06/06/2018 A & M FIRST AID INC 2,625.05 0.00 2,625.05 AP 00391076 06/06/2018 A AND R TIRE SERVICE 816.59 0.00 816.59 AP 00391077 06/06/2018 ABLE BUILDING MAINTENANCE 4,919.70 0.00 4,919.70 AP 00391078 06/06/2018 ABM BUSINESS MACHINES INC 224.12 0.00 224.12 AP 00391079 06/06/2018 ADAPT CONSULTING INC 2,398.56 0.00 2,398.56 AP 00391080 06/06/2018 ADOBE ANIMAL HOSPITAL 150.00 0.00 150.00 AP 00391081 06/06/2018 AFLAC GROUP INSURANCE 40.97 0.00 40.97 AP 00391082 06/06/2018 ALFARO COMMUNICATIONS CONSTRUCTION INC 420,263.37 0.00 420,263.37 AP 00391083 06/06/2018 AMERICAN PUBLIC POWER ASSOCIATION 6,016.26 0.00 6,016.26 AP 00391084 06/06/2018 AMERICAN PUBLIC POWER ASSOCIATION 1,203.25 0.00 1,203.25 User: VLOPEZ - VERONICA LOPEZ Page: 4 Current Date: 06/12/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 09:20:02 Page 50 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/29/2018 through 6/11/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00391085 06/06/2018 AMTECH ELEVATOR SERVICES 350.00 0.00 350.00 AP 00391086 06/06/2018 ARROW, JASON 0.00 270.00 270.00 AP 00391087 06/06/2018 ARROYO, ERNEST 14.00 0.00 14.00 AP 00391088 06/06/2018 ASSI SECURITY 525.00 0.00 525.00 AP 00391089 06/06/2018 BARRETO, RAQUEL M. 1,145.66 0.00 1,145.66 AP 00391090 06/06/2018 BMX FREESTYLE TEAM LLC 1,275.00 0.00 1,275.00 AP 00391091 06/06/2018 BRIGHT BOX ENTERPRISES 597.01 0.00 597.01 AP 00391092 06/06/2018 BRIGHTVIEW LANDSCAPE SERVICES INC. 49,940.69 0.00 49,940.69 AP 00391093 06/06/2018 C V W D 935.68 0.00 935.68 AP 00391098 06/06/2018 C V W D 119,390.10 0.00 119,390.10 AP 00391099 06/06/2018 CAL PERS LONG TERM CARE 254.14 0.00 254.14 AP 00391100 06/06/2018 CAL PERS LONG TERM CARE 254.14 0.00 254.14 AP 00391101 06/06/2018 CALIFORNIA, STATE OF 8.44 0.00 8.44 AP 00391102 06/06/2018 CALIFORNIA, STATE OF 1,318.48 0.00 1,318.48 AP 00391103 06/06/2018 CASA VOLANTE MOBILE HOME PARK 800.00 0.00 800.00 AP 00391104 06/06/2018 CCS ORANGE COUNTY JANITORIAL INC. 472.00 0.00 472.00 AP 00391105 06/06/2018 CHARTER COMMUNICATIONS 10,822.57 4,370.12 15,192.69 *** AP 00391106 06/06/2018 CHINO, CITY OF 60.00 0.00 60.00 AP 00391107 06/06/2018 CINTAS CORPORATION #150 0.00 192.21 192.21 AP 00391108 06/06/2018 CLERK OF THE BOARD OF SUPERVISORS 50.00 0.00 50.00 AP 00391109 06/06/2018 CLOUGHERTY, JOHN FRANCIS 329.76 0.00 329.76 AP 00391110 06/06/2018 CODE RED HEADSETS 2,544.02 0.00 2,544.02 AP 00391111 06/06/2018 CORBIN & ASSOCIATES 710.00 0.00 710.00 AP 00391112 06/06/2018 CORNEJO, SABRINA 6.56 0.00 6.56 AP 00391113 06/06/2018 COSTAR REALTY INFORMATION INC 2,058.02 0.00 2,058.02 AP 00391114 06/06/2018 CRIME SCENE STERI-CLEAN LLC 540.00 0.00 540.00 AP 00391115 06/06/2018 CROSBY, SHAWN 425.00 0.00 425.00 AP 00391116 06/06/2018 D & D SERVICES INC. 430.00 0.00 430.00 AP 00391117 06/06/2018 D AND K CONCRETE COMPANY 1,537.60 0.00 1,537.60 AP 00391118 06/06/2018 D M CONTRACTING INC 99,761.92 0.00 99,761.92 AP 00391119 06/06/2018 DAISY 1,207.27 0.00 1,207.27 AP 00391120 06/06/2018 DATA TICKET INC 9,378.59 0.00 9,378.59 AP 00391121 06/06/2018 DEBEBE, SAMSON 250.00 0.00 250.00 AP 00391122 06/06/2018 DELANO, LAURA 513.00 0.00 513.00 AP 00391123 06/06/2018 DELTA DENTAL 1,469.88 0.00 1,469.88 AP 00391124 06/06/2018 DELTA DENTAL 42,354.16 0.00 42,354.16 AP 00391125 06/06/2018 DEPARTMENT OF FORESTRY AND FIRE PROTECTION 0.00 148.00 148.00 AP 00391126 06/06/2018 DIAMOND ENVIRONMENTAL SERVICES 305.99 0.00 305.99 AP 00391127 06/06/2018 DOMINGUEZ, DESTINIE 386.09 0.00 386.09 AP 00391128 06/06/2018 ECONOLITE CONTROL PRODUCTS INC 2,080.00 0.00 2,080.00 AP 00391129 06/06/2018 EMPLOYMENT DEVELOPMENT DEPT. 60.00 0.00 60.00 AP 00391130 06/06/2018 ENLIGHTENED LEARNING CLUB 548.12 0.00 548.12 AP 00391131 06/06/2018 ENN GEE CORP. 542.00 0.00 542.00 AP 00391132 06/06/2018 ERICKSON HALL CONSTRUCTION 0.00 77,500.00 77,500.00 AP 00391133 06/06/2018 EXECUTIVE AUTO DETAIL 1,515.00 0.00 1,515.00 AP 00391134 06/06/2018 EXPERIAN 52.00 0.00 52.00 AP 00391135 06/06/2018 FACER, LINDA 40.00 0.00 40.00 User: VLOPEZ - VERONICA LOPEZ Page: 5 Current Date: 06/12/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 09:20:02 Page 51 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/29/2018 through 6/11/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00391136 06/06/2018 FIRESTAR STUDIOS 0.00 14,836.53 14,836.53 AP 00391137 06/06/2018 FIRST CLASS HEATING & AIR 1,150.00 0.00 1,150.00 AP 00391138 06/06/2018 FOOTHILL 66 LLC 1,000.00 0.00 1,000.00 AP 00391139 06/06/2018 FRANKLIN, TANYA 139.04 0.00 139.04 AP 00391141 06/06/2018 FRONTIER COMM 6,267.31 494.72 6,762.03 *** AP 00391142 06/06/2018 GATEWAY PET CEMETERY AND CREMATORY 510.00 0.00 510.00 AP 00391143 06/06/2018 GEOGRAPHICS 4,415.25 0.00 4,415.25 AP 00391144 06/06/2018 GLOBALSTAR USA 172.39 0.00 172.39 AP 00391145 06/06/2018 GOODMAN RANCHO SPE LLC 2,548.35 0.00 2,548.35 AP 00391146 06/06/2018 GRANT, ANNEKE 180.64 0.00 180.64 AP 00391147 06/06/2018 HEDIGER, PATRICK 67.73 0.00 67.73 AP 00391148 06/06/2018 HENRY SCHEIN ANIMAL HEALTH SUPPLY 17.19 0.00 17.19 AP 00391149 06/06/2018 HERITAGE EDUCATION GROUP 152.00 0.00 152.00 AP 00391150 06/06/2018 HILLS PET NUTRITION SALES INC 1,672.49 0.00 1,672.49 AP 00391151 06/06/2018 IDEXX DISTRIBUTION INC 2,747.50 0.00 2,747.50 AP 00391152 06/06/2018 INLAND VALLEY EMERGENCY PET CLINIC 2,095.00 0.00 2,095.00 AP 00391153 06/06/2018 JOHN GROOMS 100.00 0.00 100.00 AP 00391154 06/06/2018 KAISER FOUNDATION HEALTH PLAN INC 242,621.20 0.00 242,621.20 AP 00391155 06/06/2018 LEWIS, WILLIAM 15.00 0.00 15.00 AP 00391156 06/06/2018 LIEBERT CASSIDY WHITMORE 16,879.00 0.00 16,879.00 AP 00391157 06/06/2018 LIFE ASSIST INC 0.00 82.67 82.67 AP 00391158 06/06/2018 LITTLE, MARC 637.50 0.00 637.50 AP 00391159 06/06/2018 LOPEZ, JOSE 600.00 0.00 600.00 AP 00391160 06/06/2018 MARIMUTHU, YOGESH 31.76 0.00 31.76 AP 00391161 06/06/2018 MARIPOSA LANDSCAPES INC 42,445.43 2,777.16 45,222.59 *** AP 00391162 06/06/2018 MARTINEZ, ALEC 20.01 0.00 20.01 AP 00391163 06/06/2018 MASON AND MASON REAL ESTATE APPRAISERS 3,750.00 0.00 3,750.00 AP 00391164 06/06/2018 MATANGA, JULIE EDWARD 255.00 0.00 255.00 AP 00391165 06/06/2018 MC AVOY & MARKHAM 954.08 0.00 954.08 AP 00391166 06/06/2018 MC AVOY & MARKHAM 60,771.00 0.00 60,771.00 AP 00391167 06/06/2018 MEDELLIN, RAMON 1,200.00 0.00 1,200.00 AP 00391168 06/06/2018 MEDIWASTE DISPOSAL 35.00 0.00 35.00 AP 00391169 06/06/2018 MGT OF AMERICA INC 3,330.00 0.00 3,330.00 AP 00391170 06/06/2018 MIDWEST TAPE 1,247.52 0.00 1,247.52 AP 00391171 06/06/2018 MINUTEMAN PRESS 2,347.57 0.00 2,347.57 AP 00391172 06/06/2018 MOUNTAIN VIEW SMALL ENG REPAIR 909.32 0.00 909.32 AP 00391173 06/06/2018 NATIONAL SENIOR LEAGUE LLC 150.00 0.00 150.00 AP 00391174 06/06/2018 NEWCO DISTRIBUTORS INC 798.85 0.00 798.85 AP 00391175 06/06/2018 NEWCOMB ANDERSON MCCORMICK INC 4,690.00 0.00 4,690.00 AP 00391176 06/06/2018 NINYO & MOORE 4,049.25 0.00 4,049.25 AP 00391177 06/06/2018 NINYO & MOORE 10,647.00 0.00 10,647.00 AP 00391178 06/06/2018 OLSON, BUZZ 0.00 43.09 43.09 AP 00391179 06/06/2018 ONTARIO SPAY AND NEUTER INC 400.00 0.00 400.00 AP 00391180 06/06/2018 ONTARIO WINNELSON CO 205.40 0.00 205.40 AP 00391181 06/06/2018 OPARC 1,100.00 0.00 1,100.00 AP 00391182 06/06/2018 PEP BOYS 17.24 0.00 17.24 AP 00391183 06/06/2018 PERSONAL TRANSPORTERS INC 2,380.49 0.00 2,380.49 User: VLOPEZ - VERONICA LOPEZ Page: 6 Current Date: 06/12/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 09:20:02 Page 52 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/29/2018 through 6/11/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00391184 06/06/2018 PRE -PAID LEGAL SERVICES INC 78.38 0.00 78.38 AP 00391185 06/06/2018 PRINTING & PROMOTION PLUS INC 152.50 0.00 152.50 AP 00391186 06/06/2018 PRORIDER INC 2,980.00 0.00 2,980.00 AP 00391187 06/06/2018 PSA PRINT GROUP 346.96 0.00 346.96 AP 00391188 06/06/2018 PYRO SPECTACULARS INC 27,250.00 0.00 27,250.00 AP 00391189 06/06/2018 RC COMMUNITY & ARTS FOUNDATION 300.00 0.00 300.00 AP 00391190 06/06/2018 RICHARD WIGHTMAN CONSTRUCTION INC 3,200.00 0.00 3,200.00 AP 00391191 06/06/2018 RJM DESIGN GROUP INC 21,749.05 0.00 21,749.05 AP 00391192 06/06/2018 ROTO ROOTER 350.00 0.00 350.00 AP 00391193 06/06/2018 SALAZAR, MIRANDA 250.00 0.00 250.00 AP 00391194 06/06/2018 SAN BERNARDINO CO AUDITOR CONT 11,196.50 0.00 11,196.50 AP 00391195 06/06/2018 SAN BERNARDINO COUNTY SHERIFFS DEPT 3,100.00 0.00 3,100.00 AP 00391196 06/06/2018 SAN BERNARDINO CTY 0.00 11,703.57 11,703.57 AP 00391197 06/06/2018 SAN BERNARDINO CTY FIRE PROTECTION DISTRICT 56,798.06 0.00 56,798.06 AP 00391198 06/06/2018 SAN BERNARDINO CTY OFFICE OF THE ASSESSOR 840.00 0.00 840.00 AP 00391199 06/06/2018 SAN BERNARDINO CTY REAL ESTATE SVCS DEPT 9,821.00 0.00 9,821.00 AP 00391200 06/06/2018 SBPEA 1,616.27 0.00 1,616.27 AP 00391201 06/06/2018 SHEAKLEY PENSION ADMINISTRATION 0.00 175.65 175.65 AP 00391202 06/06/2018 SHEAKLEY PENSION ADMINISTRATION 387.15 0.00 387.15 AP 00391203 06/06/2018 SO CALIF GAS COMPANY 7,795.62 502.98 8,298.60 *** AP 00391204 06/06/2018 SOURCE GRAPHICS 217.62 0.00 217.62 AP 00391211 06/06/2018 SOUTHERN CALIFORNIA EDISON 33,948.01 1,883.32 35,831.33 *** AP 00391212 06/06/2018 SOUTHERN CALIFORNIA EDISON 173.04 0.00 173.04 AP 00391213 06/06/2018 SOUTHERN CALIFORNIA EDISON 2,254.17 0.00 2,254.17 AP 00391214 06/06/2018 SOUTHERN CALIFORNIA EDISON 668.60 0.00 668.60 AP 00391215 06/06/2018 STANDARD INSURANCE COMPANY 4,023.46 0.00 4,023.46 AP 00391216 06/06/2018 STANDARD INSURANCE COMPANY 13,501.08 0.00 13,501.08 AP 00391217 06/06/2018 STATEWIDE TOWING & RECOVERY 1,883.00 0.00 1,883.00 AP 00391218 06/06/2018 STOR'EM SELF STORAGE 165.00 0.00 165.00 AP 00391219 06/06/2018 STORAGE CONTAINER.COM 71.50 0.00 71.50 AP 00391220 06/06/2018 STOTZ EQUIPMENT 71.57 0.00 71.57 AP 00391221 06/06/2018 SUBWAY #24905 1,247.05 0.00 1,247.05 AP 00391222 06/06/2018 SUN BADGE CO 0.00 90.74 90.74 AP 00391223 06/06/2018 TEAVANNA - CORPORATION 938.45 0.00 938.45 AP 00391224 06/06/2018 THE COUNSELING TEAM INTERNATIONAL 550.00 0.00 550.00 AP 00391225 06/06/2018 TINT CITY WINDOW TINTING 230.00 0.00 230.00 AP 00391226 06/06/2018 UNITED PACIFIC SERVICES INC 34,306.00 0.00 34,306.00 AP 00391227 06/06/2018 UNITED SITE SERVICES OF CA INC 212.88 0.00 212.88 AP 00391228 06/06/2018 UNITED WAY 111.00 0.00 111.00 AP 00391229 06/06/2018 UNIVAR ENVIRONMENTAL SERVICES 2,366.19 0.00 2,366.19 AP 00391230 06/06/2018 UPS 47.82 0.00 47.82 AP 00391231 06/06/2018 UTILIQUEST 4,356.32 0.00 4,356.32 AP 00391232 06/06/2018 VAN SCOYOC ASSOCIATES INC 4,000.00 0.00 4,000.00 AP 00391233 06/06/2018 VERIZON WIRELESS - LA 4,987.31 0.00 4,987.31 AP 00391234 06/06/2018 VICTOR MEDICAL COMPANY 10,465.93 0.00 10,465.93 AP 00391235 06/06/2018 VORTEX INDUSTRIES INC 12,599.26 0.00 12,599.26 AP 00391236 06/06/2018 WALTERS WHOLESALE ELECTRIC CO 37.62 0.00 37.62 User: VLOPEZ - VERONICA LOPEZ Page: 7 Current Date: 06/12/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 09:20:02 Page 53 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 5/29/2018 through 6/11/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00391237 06/06/2018 WANG, ZHENGPING 150.00 0.00 150.00 AP 00391238 06/06/2018 WAXIE SANITARY SUPPLY 18,853.87 0.00 18,853.87 AP 00391239 06/06/2018 WESTERN UNIVERSITY OF HEALTH SCIENCE 375.00 0.00 375.00 AP 00391240 06/06/2018 WHITESIDE, ROBERT 650.00 0.00 650.00 AP 00391241 06/06/2018 WHITTIER FERTILIZER 2,607.55 0.00 2,607.55 AP 00391242 06/06/2018 WILBUR-ELLIS COMPANY 1,848.74 0.00 1,848.74 AP 00391243 06/06/2018 YORK INDUSTRIES 1,571.60 0.00 1,571.60 AP 00391244 06/06/2018 ZOETIS US LLC 280.34 0.00 280.34 AP 00391245 06/07/2018 ABC LOCKSMITHS 987.23 0.00 987.23 AP 00391246 06/07/2018 AIRGAS USA LLC 518.07 0.00 518.07 AP 00391247 06/07/2018 BAUER COMPRESSORS 0.00 827.74 827.74 AP 00391248 06/07/2018 BSN SPORTS LLC 1,680.50 0.00 1,680.50 AP 00391249 06/07/2018 DUNN EDWARDS CORPORATION 605.34 0.00 605.34 AP 00391250 06/07/2018 EMCOR SERVICE 12,913.00 0.00 12,913.00 AP 00391251 06/07/2018 EWING IRRIGATION PRODUCTS 1,867.45 0.00 1,867.45 AP 00391252 06/07/2018 FORD OF UPLAND INC 1,271.49 0.00 1,271.49 AP 00391253 06/07/2018 HOLLIDAY ROCK CO INC 4,990.15 0.00 4,990.15 AP 00391254 06/07/2018 INTERSTATE BATTERIES 620.09 0.00 620.09 AP 00391255 06/07/2018 LIMS AUTO INC 82.63 0.00 82.63 AP 00391256 06/07/2018 MIRION TECHNOLOGIES GDS INC 61.24 0.00 61.24 AP 00391257 06/07/2018 OFFICE DEPOT 5,327.63 1,481.53 6,809.16 *** AP 00391258 06/07/2018 ORKIN PEST CONTROL 951.70 0.00 951.70 AP 00391259 06/07/2018 OVERDRIVE INC 94.95 0.00 94.95 AP 00391260 06/07/2018 SITEONE LANDSCAPE SUPPLY LLC 6,538.55 0.00 6,538.55 AP 00391261 06/07/2018 STABILIZER SOLUTIONS INC 731.00 0.00 731.00 AP 00391262 06/07/2018 SUNRISE FORD 627.62 0.00 627.62 AP 00391263 06/07/2018 VISTA PAINT 1,358.64 0.00 1,358.64 Total City: $6,369,109.81 Total Fire: $503,471.29 Grand Total: $6,872,5NT70 Note: *** Check Number includes both City and Fire District expenditures User: VLOPEZ - VERONICA LOPEZ Page: 8 Current Date: 06/12/2018 Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 09:20:02 Page 54 DATE: June 20, 2018 TO: Mayor and Members of the City Council FROM: James C. Frost, City Treasurer INITIATED BY: Lori E. Sassoon, Deputy City Manager/Administrative Services Tamara L. Layne, Finance Director Sandra G. Ramirez, Management Analyst III SUBJECT: CONSIDERATION TO RECEIVE AND FILE CURRENT INVESTMENT SCHEDULE AS OF MAY 31, 2018. RECOMMENDATION: Staff recommends that the City Council receive and file the attached current investment schedule for the City of Rancho Cucamonga as of May 31, 2018. BACKGROUND: The attached investment schedule as of May 31, 2018 reflects cash and investments managed by the Finance/Treasury Management Division and is in conformity with the requirements of California Government Code Section 53601 and the City of Rancho Cucamonga's adopted Investment Policy as approved by the City Council on April 17, 2017. ANALYSIS: The City Treasurer is required to submit a quarterly investment report to the City Council in accordance with California Government Code Section 53646. The quarterly investment report is required to be submitted within 30 days following the end of the quarter covered by the report. However, the City Treasurer has elected to provide this report on a monthly basis. FISCAL IMPACT: None COUNCIL GOAL(S) ADDRESSED: N/A ATTACHMENTS: Description Httacnment I - Nortfolio Management - Portfolio Summary May 31, 2018 Page 55 w O) C 0 �Ep U 0 U c O U co tmC O d E cc V OE f V 3 To- r- O Cc U v O M =O.O o O 0 I Ua 7 Q W b M Q W O M s� O to b CO O N L p O r O O N r O CO fV O N T N 1 n O I A In � In n r' mto (V O fV r N (A r O f0 10 1 M a m a It r c' M _ (O .- In r N f0 I 9 4 U) C7 U C (Rcl cc T N T e N N a 1 f07 O W wO 0 o N (OD Ivi o vi vi O O O T O O w N M 0 O O O N n O N r O O M C sf O C M N CO h O M N O COD Y N� M o CO r: m o o m e v a � ao N a N a C N COD O O O C7 h N CD to W � ao f1i r CO t0 � O N O O N O O O C a aOc C Q a M fNp M a M m a a CR o In N r O c N I 1 1 C C w li U CS U 0. d y d C c c ' -Irla�yi �afpei y Q to m Z o d U Q T 7 �• Q�Q ClyymC v iLLt~a20C=I) 5 N Cl) w N r N T n � 04 C4 tO to C14 C14 cl N c E i fn v I � c L la O f E i V L ( O ~ ( Q N C L) N 7 r Z C y 1 « C O W Z >. 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Gillison, City Manager INITIATED BY: Elisa Cox, Deputy City Manager Justine Garcia, Management Analyst I SUBJECT: CONSIDERATION OF LICENSE AGREEMENT RENEWAL WITH THE COUNTY OF SAN BERNARDINO FOR ROOF SPACE AT THE COUNTY SUPERIOR COURT FOR PUBLIC SAFETY VIDEO NETWORK COMMUNICATIONS EQUIPMENT. RECOMMENDATION: Staff recommends the City Council authorize the Mayor to execute the First Amendment of License Agreement No.13-629 ("Agreement") with the County of San Bernardino for roof space at the County Superior Court. BACKGROUND: In 2007 the City of Rancho Cucamonga entered into an Agreement with the County of San Bernardino to use approximately 300 square feet of roof space located at the 8308 Haven Avenue Courthouse. The roof space along with the associated network equipment rack contains key components of the Public Safety Video Network (PSVN) operated by the Police Department. The courthouse is one of the tallest buildings supporting the City's video network infrastructure. The initial Agreement ran for a total of six years from July 2007 through July 2013 at no cost to the City of Rancho Cucamonga. The current Agreement has been in place for the past five years at no cost to the City of Rancho Cucamonga and will end on July 31, 2018. ANALYSIS: The proposed First Amendment to the initial Agreement will exercise a five-year option to extend the agreement through July 2023 and also add language to include one additional five-year option to extend. Throughout the term of this agreement there is no cost to the City. The equipment located on the roof of the courthouse currently supports portions of the PSVN that utilize antennas to send information across the city. While the Public Safety Video Network continues to grow, most new projects will use the City's fiber network to send information. There are still a few remote locations, however, that would require the use of antenna to reach the PSVN network. The location of the equipment on the courthouse roof enables the City to continue to provide broad coverage by utilizing the existing antennae network to complement the expanding fiber network. FISCAL IMPACT: Page 67 This Agreement is at no cost to the City. COUNCIL GOAL(S) ADDRESSED: This item addresses City Council Goal Public Safety by continuing to provide the space to support the operation of the City's expanding Public Safety Video Network. ATTACHMENTS: Description Attachment 1 - License Agreement Renewal Page 68 SAN BERNARDINO C DUNTY Contract Number 13-629 Al SAP Number Real Estate Services Department Department Contract Representative Terry W. Thompson, Director Telephone Number (909) 387-5252 Contractor Contractor Representative Telephone Number Contract Term Original Contract Amount Amendment Amount Total Contract Amount Cost Center GRC/PROJ/JOB No. Internal Order No. City of Rancho Cucamonga L. Dennis Michael, Mayor (909) 477-2700 Ext. 2000 5 Years $0 $0 $0 33003214 IT IS HEREBY AGREED AS FOLLOWS: (Use space below and additional bond sheets. Set forth service to be rendered, amount to be paid, manner of payment, time for performance or completion, determination of satisfactory performance and cause for termination, other terms and conditions, and attach plans, specifications, and addenda, if any.) WHEREAS, the County of San Bernardino ("COUNTY") and the City of Rancho Cucamonga ("LICENSEE") previously entered into License Agreement, Contract No. 13-629, dated July 23, 2013 ("License"), wherein COUNTY agreed to license to LICENSEE approximately 300 square feet of roof top antenna and rack space located at 8303 Haven Avenue in Rancho Cucamonga for a term that is currently scheduled to expire on July 31, 2018; and WHEREAS, the COUNTY and LICENSEE now desire to amend the License to reflect LICENSEE's exercise of its five-year option to extend the term of the license through July 31, 2023, and to amend certain other provisions of the License as more specifically set forth in this amendment ("First Amendment"). NOW, THEREFORE, in consideration mutual covenants and conditions, the parties hereto agree that effective August 1, 2018, the License is amended as follows: 1. Pursuant to the LICENSEE'S exercise of its option in Paragraph 4, OPTION TO EXTEND TERM„ DELETE the existing Paragraph 3, TERM, and SUBSTITUTE therefore the following as a new Paragraph 3, TERM: Standard Contract Page 1 of 8 Page 69 3. TERM: The term of the License for the Premises is extended for five years, commencing on August 1, 2018 and expiring on July 31, 2023 (the "First Extended Term") 2. DELETE the existing Paragraph 4, OPTION TO EXTEND TERM, and SUBSTITUTE therefore the following as a new Paragraph 4, OPTION TO EXTEND TERM: 4. OPTION TO EXTEND TERM: COUNTY gives LICENSEE the option to extend the term of the license on the same provisions and conditions, except for the annual fee for one (1) five-year period ("second extended term") following expiration of the First Extended Term, provided that at the time of exercise of said option, LICENSEE is not in default with respect to any of the terms, covenants or conditions to be observed or performed by LICENSEE hereunder, by LICENSEE giving written notice of exercise of the option to COUNTY at least one (1) year, but not more than eighteen (18) months, prior to the expiration of the First Extended Term. 3. DELETE in its entirety the existing Paragraph 17, HOLD HARMLESS and SUBSTITUTE therefore the following as a new Paragraph 17, INDEMNIFICATION: 17. INDEMNIFICATION: The LICENSEE agrees to indemnify, defend (with counsel reasonably approved by COUNTY) and hold harmless the COUNTY and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability arising out of this License from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the COUNTY on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnitees. LICENSEE's indemnification obligation applies to the COUNTY's "active" as well as "passive" negligence but does not apply to the COUNTY's "sole negligence" or "willful misconduct" within the meaning of Civil Code Section 2782. 4. DELETE in its entirety the existing Paragraph 18, INSURANCE SPECIFICATIONS and SUBSTITUTE therefore the following as a new Paragraph 18: 18. RESERVED: 5. DELETE in its entirety the existing Paragraph 19, INSURANCE REQUIREMENTS and SUBSTITUTE therefore the following as a new Paragraph 19, INSURANCE REQUIREMENTS AND SPECIFICATIONS: 19. INSURANCE REQUIREMENTS AND SPECIFICATIONS: A. COUNTY is a self-insured public entity for purposes of general liability and workers' compensation. B. The LICENSEE agrees to provide insurance set forth in accordance with the requirements herein. If the LICENSEE uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, the LICENSEE agrees to amend, supplement or endorse the existing coverage to do so. The type(s) of insurance required is determined by the scope of the Use Agreement hereunder. Without in anyway affecting the indemnity herein provided and in addition thereto, the LICENSEE shall secure and maintain throughout the contract term the following types of insurance with limits as shown: (1) Workers' Compensation/Employers Liability — A program of Workers' Compensation insurance or a state -approved, self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $250,000 limits covering all persons including volunteers providing services on behalf of the LICENSEE and all risks to such persons under this Use Agreement. Revised 11/03/17 Page 2 of 8 Page 70 If LICENSEE has no employees, it may certify or warrant to the COUNTY that is does not currently have any employees or individuals who are defined as "employees" under the Labor Code and the requirement for Workers' Compensation coverage will be waived by the COUNTY's Director of Risk Management. If, LICENSEE is a non-profit corporation, organized under California or Federal law, volunteers for LICENSEE are required to be covered by Workers' Compensation insurance. (2) Commercial/General Liability Insurance — The LICENSEE shall carry General Liability Insurance covering all operations performed by or on behalf of the LICENSEE providing coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000), per occurrence. The policy coverage shall include: (a) Premises operations and mobile equipment. (b) Products and completed operations. (c) Broad form property damage (including completed operations). (d) Explosion, Collapse, and underground hazards (e) Personal injury (f) Contractual liability. (g) $2,000,000 general aggregate limit. (3) Commercial Property Insurance providing all risk coverage for the Use Area, building, fixtures, equipment and all property constituting a part of the premises. Coverage shall be sufficient to insure One Hundred percent (100°/x) of the replacement cost. (4) Automobile Liability Insurance — Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non -owned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage, per occurrence. (5) Umbrella Liability Insurance - An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a "dropdown" provision providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability. C. If LICENSEE performs any construction of the Premises or on behalf of the COUNTY, LICENSEE shall also procure and maintain coverages as follows: (1) Subcontractor Insurance Requirements. The LICENSEE agrees to require all parties or subcontractors, including architects or others it hires or contracts with related to the performance of this Use Agreement to provide insurance covering the contracted operation with the insurances required in this Paragraph 15.B. (including waiver of subrogation rights and naming the COUNTY as an additional insured. The LICENSEE agrees to monitor and review all such coverage and assumes all responsibility ensuring that such coverage is provided as required here. D. Additional Insured — All policies, except for the Workers' Compensation, shall contain endorsements naming the COUNTY and their officers, employees, agents and volunteers as additional insureds with respect to liabilities arising out of the use under this Use Agreement hereunder. The additional insured endorsements shall not limit the scope of coverage for the COUNTY to vicarious liability but shall allow coverage for the COUNTY to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85. E. Waiver of Subrogation Rights — The LICENSEE shall require the carriers of required coverages to waive all rights of subrogation against the COUNTY, their officers, employees, agents, volunteers, contractors and subcontractors. All general or auto liability insurance coverage provided shall not prohibit the LICENSEE and LICENSEE's employees or agents from waiving the right of subrogation prior to a loss or claim. COUNTY and LICENSEE hereby waive all rights of subrogation against each other. Revised 11/03/17 Page 3 of 8 Page 71 F. Policies Primary and Non -Contributory — All policies required herein are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by the COUNTY. G. Severability of Interests — The LICENSEE agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross liability exclusions that preclude coverage for suits between the LICENSEE and the COUNTY or between the COUNTY and any other insured or additional insured under the policy. H. Proof of Coverage — The LICENSEE shall furnish Certificates of Insurance to the San Bernardino Real Estate Services Department (RESD) administering the Use Agreement evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of use hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to RESD, and LICENSEE shall maintain such insurance from the time LICENSEE commences use under the Use Agreement hereunder until the end of the period of the Use Agreement. Within fifteen (15) days of the commencement of this Use Agreement, the LICENSEE shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request. I. Acceptability of Insurance Carrier — Unless otherwise approved by the COUNTY Department of Risk Management, insurance shall be written by insurers authorized to do business in the State of California and with a minimum "Best" Insurance Guide rating of "A- VII". J. Deductibles and Self -Insured Retention — Any and all deductibles or self-insured retentions in excess of $10,000 shall be declared to and approved by COUNTY's Director of Risk Management. K. Insurance Review — Insurance requirements are subject to periodic review by the COUNTY. The COUNTY's Director of Risk Management or designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever the COUNTY's Department of Risk Management determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of the COUNTY. In addition, the COUNTY's Director of Risk Management or designee is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the COUNTY, inflation, or any other item reasonably related to the COUNTY's risk. Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Use Agreement. LICENSEE agrees to execute any such amendment within thirty (30) days of receipt. Any failure, actual or alleged, on the part of RESD or COUNTY to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of RESD or the COUNTY. L. Failure to Procure Insurance. All insurance required must be maintained in force at all times by LICENSEE. Failure to maintain said insurance, due to expiration, cancellation, etc., shall be cause for the COUNTY to give notice to immediately suspend all LICENSEE's business activities on the Premises. Failure to reinstate said insurance within the (10) days of notice to do so shall be cause for termination and for forfeiture of this agreement, and/or COUNTY, at its discretion, may procure or renew such insurance and pay any and all premiums in connection therewith, and all monies so paid by COUNTY shall be repaid by LICENSEE to COUNTY upon demand but only for the pro rata period of non-compliance. M. COUNTY shall have no liability for any premiums charged for such coverage(s). The inclusion of COUNTY as additional named insured is not intended to and shall not make a partner or joint venturer with LICENSEE in LICENSEE's operations. Revised 11/03/17 Page 4 of 8 Page 72 N. The LICENSEE agrees to require all parties or subcontractors, or others it hires or contracts with related to the use of this Use Agreement to provide insurance covering such use with the basic requirements and naming the COUNTY as additional insured. LICENSEE agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided as required herein. 6. DELETE in its entirety the existing Paragraph 20, NOTICES and SUBSTITUTE therefore the following as a new Paragraph 20, NOTICES: 20. NOTICES: Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other party or any other person shall be in writing and either delivered personally, by reputable overnight courier, or by United States mail, postage prepaid, certified or registered, return receipt requested. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other party shall be addressed to the other party at the address set forth below. Either party may change its address by notifying the other party of the change of address. Notices shall be deemed delivered and effective if on a business day, otherwise on the immediately following business day upon (i) actual receipt or (ii) the date of delivery or refusal of the addressee to accept delivery if such notice is sent by or United States mail, postage prepaid, certified or registered, return receipt requested or reputable overnight courier. LICENSEE's address: City of Rancho Cucamonga City Manager's Office 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Attn: City Manager's Office COUNTY's address: County of San Bernardino Real Estate Services Department 385 North Arrowhead Avenue, Third Floor San Bernardino, CA 92415-0180 7. DELETE in its entirety the existing Paragraph 21, HAZARDOUS MATERIALS and SUBSTITUTE therefore the following as a new Paragraph 21, HAZARDOUS MATERIALS: 21. HAZARDOUS MATERIALS: A. Hazardous Materials shall mean any product, substance, chemical, material or waste whose presence, nature, quantity and/or intensity of existence, use, manufacture, disposal, transportation, spill, release or effect, either by itself or in combination with other materials expected to be on the Premises, is either: (i) potentially injurious to the public health, safety or welfare, or the environment, or the Premises; (ii) regulated or monitored by any governmental authority; or (iii) a basis for potential liability of COUNTY to any governmental agency or third party under any laws, rules, regulations, ordinances, directives, covenants, easements and restrictions of record, permits, requirements or common law theory (collectively, the "Applicable Hazardous Materials Laws"). B. LICENSEE shall comply with all Applicable Hazardous Material Laws. LICENSEE has not and will not use, transport, generate, store, treat, or dispose of any Hazardous Materials in, on, or about the Premises, in violation of any Applicable Hazardous Materials Laws. LICENSEE shall be solely responsible, at its cost, for any violation of Applicable Hazardous Materials Laws. LICENSEE shall further indemnify, protect, defend and hold COUNTY and their officers, agents, employees, and volunteers and the Premises and the real property on which the Premises is situated, harmless from and against any and all damages, liabilities, judgments, costs, claims, liens, expenses, penalties and loss of permits (including COUNTY's attorneys' and consultants' fees) arising out of or involving any Hazardous Material brought onto the Premises by or for LICENSEE or by anyone under LICENSEE's control. LICENSEE's obligations under this paragraph shall include, but not be limited to, the effects of any contamination or injury to person, property or the environment created or suffered by LICENSEE, and the cost of investigation (including consultants' and attorneys' fees and testing), removal, remediation, restoration and/or abatement thereof, or of any Revised 11/03/17 Page 5 of 8 Page 73 contamination therein involved, and shall survive the expiration or earlier termination of this License. No termination, cancellation or release agreement entered into by COUNTY and LICENSEE shall release LICENSEE from its obligations under this License with respect to Hazardous Materials, unless specifically so agreed by COUNTY in writing at the time of such agreement. 8. DELETE in its entirety the existing Paragraph 35, JURY TRIAL WAIVER and SUBSTITUTE therefore the following as a new Paragraph 35: 35. RESERVED. 9. DELETE in its entirety the existing Paragraph 42, USE OF AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 FUNDS AND REQUIREMENTS and SUBSTITUTE therefore the following as a new Paragraph 42: 42. RESERVED: 10. DELETE in its entirety the existing Paragraph 43, SCHEDULE OF EXPENDITURE OF FEDERAL AWARDS and SUBSTITUTE therefore the following as a new Paragraph 43: 43. RESERVED 11. ADD a new Paragraph 46, LICENSEE's DEFAULT as follows: 46. LICENSEE'S DEFAULT: The occurrence of any one or more of the following events shall constitute a default and breach of this License by LICENSEE: A. The vacating for more than thirty (30) consecutive days or abandonment of the Premises by LICENSEE. B. Except as provided in Paragraph 46.A, the failure by LICENSEE to observe or perform any of the covenants, conditions or provisions of this License to be observed or performed by LICENSEE where such failure shall continue for a period of ten (10) days after written notice hereby by COUNTY to LICENSEE, provided however, that if the nature of LICENSEE's default is such that more than ten (10) days are reasonably required for its cure, then LICENSEE shall not be deemed to be in default if LICENSEE commences such cure within said ten (10) day period and thereafter diligently prosecutes such cure to completion. 12. ADD a new Paragraph 47, COUNTY'S REMEDIES ON LICENSEE'S DEFAULT as follows: 47. COUNTY'S REMEDIES ON LICENSEE'S DEFAULT: In the event of any default by LICENSEE which is not cured by LICENSEE, COUNTY can terminate this License by giving LICENSEE ten (10) days' notice of termination. On termination of the License for default, pursuant to this paragraph, COUNTY shall have the right to recover from LICENSEE for any and all damages which may be the direct or indirect result of such default, including but not limited to the following: (a) the worth at the time of the award of the unpaid rent that had been earned at the time of termination of this License, (b) the worth at the time of the award of the amount by which the unpaid rent, if any, that would have been earned after the date of termination of this License until the time of award exceeds the amount of the loss of rent, if any, that LICENSEE proves could have been reasonably avoided; (c) the worth at the time of the award of the amount by which the unpaid rent, if any, for the balance of the term after the time of award exceeds the amount of the loss of rent, if any, that LICENSEE proves could have been reasonably avoided, and (d) any other amount and court costs necessary to compensate COUNTY for all detriment proximately caused by LICENSEE's default, except those amounts LICENSEE proves could have been reasonably avoided. "The worth at the time of the award", as used in "(a)" and "(b)" of this paragraph, is to be computed by allowing interest at the maximum rate an individual is permitted by law to charge. "The worth at the time of the award", as referred to in "(c)" of this paragraph, is to be computed by discounting the amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus one percent (1%). COUNTY shall further be entitled to any other remedies available by law or in equity in the event of a termination due to LICENSEE's default. Revised 11/03/17 Page 6 of 8 Page 74 13. ADD a new Paragraph 48, PUBLIC RECORDS DISCLOSURE as follows: 48. PUBLIC RECORDS DISCLOSURE: All information received by the COUNTY from the LICENSEE or any source concerning this License, including the License itself, may be treated by the COUNTY as public information subject to disclosure under the provisions of the California Public Records Act, Government Code Section 6250 et seg. (the "Public Records Act"). LICENSEE understands that although all materials received by the COUNTY in connection with this License are intended for the exclusive use of the COUNTY, they are potentially subject to disclosure under the provisions of the Public Records Act. In the event a request for disclosure of any part or all of any information which LICENSEE has reasonably requested COUNTY to hold in confidence is made to the COUNTY, the COUNTY shall notify the LICENSEE of the request and shall thereafter disclose the requested information unless the LICENSEE, within five (5) days of receiving notice of the disclosure request, requests nondisclosure, provides COUNTY a legally sound basis for the nondisclosure, and agrees to indemnify, defend, and hold the COUNTY harmless in any/all actions brought to require disclosure. LICENSEE waives any and all claims for damages, lost profits, or other injuries of any and all kinds in the event COUNTY fails to notify LICENSEE of any such disclosure request and/or releases any information concerning this License received from the LICENSEE or any other source. THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK Revised 11/03/17 Page 7 of 8 Page 75 14. All other provisions and terms of the License shall remain the same and are hereby incorporated by reference. In the event of any conflict between the License, and this First Amendment, the terms and conditions of this First Amendment shall control. END OF FIRST AMENDMENT. COUNTY OF SAN BERNARDINO Do - Robert A. Lovingood, Chairman, Board of Supervisors Dated: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Laura H. Welch Clerk of the Board of Supervisors of the County of San Bernardino By Deputy Approved as to Legal Form 0 - Agnes Agnes Cheng, Deputy County Counsel Date LICENSEE: CITY OF RANCHO CUCAMONGA M (Authorized signature - sign in blue ink) Name L. Dennis Michael Title Mayor Dated: Address 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Reviewed for Contract Compliance 10 - Date Date Reviewed/Approved by Department No - Jim Jim Miller, Real Property Manager, RESD Date Revised 11/03/17 Page 8 of 8 Page 76 DATE: TO: FROM: INITIATED BY: June 20, 2018 Mayor and Members of the City Council John R. Gillison, City Manager Ivan Rojer, Fire Chief Rob Ball, Fire Marshal SUBJECT: CONSIDERATION TO APPROVE A RESOLUTION CONFIRMING UNPAID WEED AND FIRE HAZARD ABATEMENT FEES AND AUTHORIZING A SPECIAL ASSESSMENT ON AFFECTED PARCELS ON THE NEXT TAX ROLL. RECOMMENDATION: Staff recommends the City Council adopt a resolution confirming unpaid weed and fire hazard abatement fees and authorizing a special assessment of those fees against the associated parcel on the next tax roll. BACKGROUND: Chapter 8.46 of the Municipal Code, which provides for the removal of seasonal grasses, weeds, and other fire hazards, authorizes the Rancho Cucamonga Fire Protection District, serving as the City's fire department, to perform weed and fire hazard abatement on behalf of the City. As required by the Municipal Code, the Fire District provided a notice to abate weeds and fire hazards to the owners of record of undeveloped parcels and provided a completion date for the required abatement. Owners receiving such notices were advised of their right to object and appeal the order to abate. Parcels that were not abated by the completion date were referred to approved contractors to perform the required abatement work by order of the Fire District. The contractors who completed the abatement work provided itemized invoices for the cost of the abatement work for each parcel. In accordance with the terms of the contract between the Fire District and the weed abatement contractors, the invoices from the contractors have been paid with Fire District funds. Using the contractors' invoices, the Fire District prepared an itemized Notice of Payment Due for each parcel where the hazards were abated by a contractor. The Notices of Payment Due detailed all abatement costs for each affected parcel. As allowed by Fire District Resolution FD 10-035 and where applicable, the Fire District included a re -inspection fee and an administrative fee in the Notice of Payment Due for each parcel. The Notices served as invoices from the Fire District to the parcel owner of record. Each invoice advised the owner of the terms of payment as well as the owner's right to appeal the amount of the invoice in whole or in part and provided instructions for how to file an appeal. The reports included with this resolution show, by parcel number, the itemized charges for the work completed by the contractor and the Fire District fees that have not been paid in accordance with the terms of the Notice of Payment Due. There are a total of 77 parcels affected by this resolution. Page 77 ANALYSIS: The Municipal Code requires the City Council to confirm by resolution the unpaid weed and fire hazard abatement fees. Such a resolution allows the Fire District to send a report to the County Auditor along with authorization to include the unpaid fees on the tax roll for a special assessment on the individual parcels. The resolution offered for your consideration serves that purpose. This legislative action is required each time tax assessments are sent to the County Auditor. Staff brings this matter to the Council once a year. FISCAL IMPACT: The weed and fire hazard abatement program anticipates recovering the budgeted funds that are expended to bring non-compliant parcels into compliance with the City's weed and fire hazard abatement standards. The resolution will facilitate the recovery of expended funds that have been billed to but not paid by property owners. The recovery of these funds will be accomplished by having the unpaid amounts owed to Fire District collected through a special assessment on the next property tax bill. COUNCIL GOAL(S) ADDRESSED: Not Applicable ATTACHMENTS: Description Attachment 1 - Resolution Attachment 2 - Exhibit A Attachment 3 - Exhibit B Page 78 ATTACHMENT #1 RESOLUTION NO. 18-xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA CONFIRMING AN ITEMIZED WRITTEN REPORT SHOWING THE ACTUAL COSTS OF WEED AND FIRE HAZARD ABATEMENT FOR EACH SEPARATE PARCEL OF LAND AS REQUIRED BY CALIFORNIA GOVERNMENT CODE SECTION 39574, PROVIDING THAT EACH SUCH COST OF ABATEMENT SHALL CONSTITUTE A SPECIAL ASSESSMENT AGAINST EACH LISTED PARCEL OF LAND PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 39577, AND PROVIDING FOR THE FILING OF SAID REPORT WITH THE COUNTY AUDITOR. WHEREAS, California Government Code Section 39502 authorizes the City of Rancho Cucamonga (City) to adopt an ordinance providing for the removal of grass, weeds, rubbish and other materials that can be dangerous or injurious to neighboring property or the health and welfare of residents in the vicinity and make the cost of removal a lien on the property. WHEREAS, The City adopted Ordinance 832, which is codified as Chapter 8.46 of the Municipal Code providing for the removal of grass, weeds, etc. as allowed by the Government Code. WHEREAS, Chapter 8.46 of the Municipal Code authorizes the Rancho Cucamonga Fire Protection District (District), serving as the City's fire department, to perform weed and fire hazard abatement on behalf of the City. WHEREAS, The District provided notice to abate weeds and fire hazards to the owners of record of non-compliant parcels and provided a completion date for the required abatement, all as required by law. Owners receiving such notice were advised of their right to object and appeal the order to abate. WHEREAS, Parcels not abated by the completion date were referred to approved contractors to perform the required abatement work, by order of the District. WHEREAS, The District was provided with itemized billings for the cost of abatement for each parcel by the abatement contractors. Using the itemized contractors' billings, the District prepared an itemized, written report setting forth all abatement costs for each affected parcel, as required by California Government Code Section 39574 (written report). Prior to the adoption of this Resolution, the District billed the owners of record of the affected parcels listed in the written report for the cost of abatement, plus approved administrative fees as authorized by Government Code Section 39573 and District's fee resolution (collectively, costs of abatement). Owners receiving such billings were advised of their right to object and appeal the amount of the bill. None of the costs or fees set forth in the written report have been paid, nor are any the subject of a pending appeal. WHEREAS, Attached hereto as Exhibit A and Exhibit B, and incorporated by reference herein, are the written reports required by California Government Code Section 39574, setting forth a true and correct list of parcels with unpaid weed abatement costs and fees, and the amount of all costs of abatement for each parcel. WHEREAS, All legal prerequisites to the adoption of this Resolution have occurred. Resolution No. 18-xxx Page 1 of 2 Page 79 ATTACHMENT #1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY FINDS AND RESOLVES: 1. All costs of abatement set forth in Exhibit A and Exhibit B are reasonable and do not exceed the actual costs to the City or District in providing abatement services. Based thereon, the City Council hereby confirms all costs set forth in the written report, Exhibit A and Exhibit B hereto. 2. All costs of abatement for each parcel of land listed in Exhibit A and Exhibit B shall constitute a special assessment and lien against that parcel of land, as authorized by California Government Code Section 39577 and Rancho Cucamonga Municipal Code Chapter 8.46. 3. The Fire Chief is hereby directed to deliver a certified copy of this Resolution, including Exhibit A and Exhibit B hereto, to the San Bernardino County Auditor whereupon all costs of abatement set forth in Exhibit A and Exhibit B shall constitute an assessment against each listed parcel as part of the County's tax assessments, and shall be made part of the tax rolls, all in accordance with California Government Code Sections 39578, 39579, 39580, and 39583 and any other provision of law applicable thereto. Thereafter, a lien shall attach against each such parcel upon recordation of the order confirming the assessment in the office of the County Recorder. PASSED, APPROVED, AND ADOPTED this day of Resolution No. 18-xxx Page 2 of 2 2018. Page 80 Exhibit A 2017 Spring Abatement Unpaid Invoices ATTACHMENT # 2 Exhibit A Page 1 of 2 Page 81 Date of Re -Inspection Administrative APN Mowing Hand Work Total Abatement Fee Fee 20208233 5/16/2017 $ 145.00 $ 55.00 $ 220.00 $ 420.00 20213141 5/16/2017 $ 145.00 $ 55.00 $ 220.00 $ 420.00 20224124 5/16/2017 $ 145.00 $ 55.00 $ 220.00 $ 420.00 20235136 5/16/2017 $ 145.00 $ 55.00 $ 220.00 $ 420.00 20246161 5/16/2017 $ 250.00 $ 55.00 $ 220.00 $ 525.00 20246162 5/16/2017 $ 145.00 $ 55.00 $ 220.00 $ 420.00 20711203 6/1/2017 $ 145.00 $ 80.00 $ 55.00 $ 220.00 $ 500.00 20764103 6/1/2017 $ 200.00 $ 80.00 $ 55.00 $ 220.00 $ 555.00 20833140 5/20/2017 $ 375.00 $ 125.00 $ 55.00 $ 220.00 $ 775.00 20833147 5/20/2017 $ 375.00 $ 45.00 $ 55.00 $ 220.00 $ 695.00 20881158 5/22/2017 $ 145.00 $ 80.00 $ 55.00 $ 220.00 $ 500.00 20881159 5/22/2017 $ 145.00 $ 80.00 $ 55.00 $ 220.00 $ 500.00 20881160 5/22/2017 $ 250.00 $ 80.00 $ 55.00 $ 220.00 $ 605.00 20896105 5/22/2017 $ 500.00 $ 80.00 $ 55.00 $ 220.00 $ 855.00 20896106 5/22/2017 $ 375.00 $ 80.00 $ 55.00 $ 220.00 $ 730.00 20896107 5/22/2017 $ 375.00 $ 45.00 $ 55.00 $ 220.00 $ 695.00 20907116 6/30/2017 $ 960.00 $ 55.00 $ 220.00 $ 1,235.00 20910203 5/22/2017 $ 145.00 $ 22.50 $ 55.00 $ 220.00 $ 442.50 20912226 5/22/2017 $ 145.00 $ 45.00 $ 55.00 $ 220.00 $ 465.00 20912227 5/22/2017 $ 145.00 $ 45.00 $ 55.00 $ 220.00 $ 465.00 20914303 5/22/2017 $ 375.00 $ 80.00 $ 55.00 $ 220.00 $ 730.00 22705103 5/11/2017 $ 1,250.00 $ 80.00 $ 55.00 $ 220.00 $ 1,605.00 22705131 5/10/2017 $ 625.00 $ 80.00 $ 55.00 $ 220.00 $ 980.00 22706157 5/10/2017 $ 625.00 $ 80.00 $ 55.00 $ 220.00 $ 980.00 22706173 5/10/2017 $ 625.00 $ 80.00 $ 55.00 $ 220.00 $ 980.00 22706174 5/10/2017 $ 625.00 $ 80.00 $ 55.00 $ 220.00 $ 980.00 22928401 5/12/2017 $ 250.00 $ 160.00 $ 55.00 $ 220.00 $ 685.00 22934116 5/12/2017 $ 145.00 $ 80.00 $ 55.00 $ 220.00 $ 500.00 22945128 5/19/2017 $ 2,000.00 $ 55.00 $ 220.00 $ 2,275.00 106169104 5/18/2017 $ 580.00 $ 80.00 $ 55.00 $ 220.00 $ 935.00 106181129 5/18/2017 $ 30.00 $ - $ - $ - $ 30.00 107423105 5/18/2017 $ 205.00 $ 55.00 $ 220.00 $ 480.00 107426133 5/18/2017 $ 145.00 $ 45.00 $ 55.00 $ 220.00 $ 465.00 107426134 5/18/2017 $ 145.00 $ 45.00 $ 55.00 $ 220.00 $ 465.00 107428110 5/25/2017 $ 250.00 $ 160.00 $ 55.00 $ 220.00 $ 685.00 107431112 5/17/2017 $ 145.00 $ 80.00 $ 55.00 $ 220.00 $ 500.00 107431119 5/17/2017 $ 145.00 $ 80.00 $ 55.00 $ 220.00 $ 500.00 107436110 5/18/2017 $ 145.00 $ 45.00 $ 55.00 $ 220.00 $ 465.00 107450102 5/18/2017 $ 145.00 $ 45.00 $ 55.00 $ 220.00 $ 465.00 107453114 5/17/2017 $ 145.00 $ 80.00 $ 55.00 $ 220.00 $ 500.00 107455122 5/17/2017 $ 145.00 $ 80.00 $ 55.00 $ 220.00 $ 500.00 Exhibit A Page 1 of 2 Page 81 Exhibit A 2017 Spring Abatement Unpaid Invoices ATTACHMENT # 2 Exhibit A Page 2 of 2 Page 82 Date of Re -Inspection Administrative APN Mowing Hand Work Total Abatement Fee Fee 107456124 5/17/2017 $ 145.00 $ 160.00 $ 55.00 $ 220.00 $ 580.00 107456125 5/17/2017 $ 145.00 $ 160.00 $ 55.00 $ 220.00 $ 580.00 107456126 5/17/2017 $ 145.00 $ 80.00 $ 55.00 $ 220.00 $ 500.00 107456128 5/17/2017 $ 145.00 $ 80.00 $ 55.00 $ 220.00 $ 500.00 107706109 5/19/2017 $ 145.00 $ 22.50 $ 55.00 $ 220.00 $ 442.50 108958107 5/20/2017 $ 145.00 $ 55.00 $ 220.00 $ 420.00 Exhibit A Page 2 of 2 Page 82 Exhibit B 2017 Fall Abatement Unpaid Invoices ATTACHMENT #3 Exhibit B Page 1 of 1 Page 83 Date of Re -Inspection Administrative APN Mowing Hand Work Total Abatement Fee Fee 20005157 12/14/2017 $ 800.00 $ 80.00 $ 55.00 $ 220.00 $ 1,155.00 20213141 12/5/2017 $ 200.00 $ 40.00 $ 55.00 $ 220.00 $ 515.00 20224124 12/4/2017 $ 145.00 $ 40.00 $ 55.00 $ 220.00 $ 460.00 20833140 11/29/2017 $ 500.00 $ 40.00 $ 55.00 $ 220.00 $ 815.00 20896105 11/28/2017 $ 500.00 $ 40.00 $ 55.00 $ 220.00 $ 815.00 20896106 11/28/2017 $ 375.00 $ 40.00 $ 55.00 $ 220.00 $ 690.00 20896107 11/28/2017 $ 375.00 $ 40.00 $ 55.00 $ 220.00 $ 690.00 20912110 12/3/2017 $ 145.00 $ 45.00 $ 55.00 $ 220.00 $ 465.00 20912226 11/30/2017 $ 125.00 $ 55.00 $ 220.00 $ 400.00 20912227 11/30/2017 $ 125.00 $ 55.00 $ 220.00 $ 400.00 20919221 12/1/2017 $ 145.00 $ 40.00 $ 55.00 $ 220.00 $ 460.00 20919222 12/1/2017 $ 145.00 $ 40.00 $ 55.00 $ 220.00 $ 460.00 20941135 12/1/2017 $ 1,000.00 $ 120.00 $ 220.00 $ 1,340.00 21037101 11/30/2017 $ 375.00 $ 120.00 $ 55.00 $ 220.00 $ 770.00 22516180 12/13/2017 $ 300.00 $ 80.00 $ 55.00 $ 220.00 $ 655.00 22519132 12/5/2017 $ 145.00 $ 40.00 $ 55.00 $ 220.00 $ 460.00 22705131 11/8/2017 $ 625.00 $ 125.00 $ 750.00 22706157 11/8/2017 $ 500.00 $ 125.00 $ 625.00 22706173 11/8/2017 $ 625.00 $ 80.00 $ 55.00 $ 220.00 $ 980.00 22706174 11/8/2017 $ 625.00 $ 160.00 $ 55.00 $ 220.00 $ 1,060.00 22713146 12/5/2017 $ 250.00 $ 40.00 $ 55.00 $ 220.00 $ 565.00 22713151 12/5/2017 $ 145.00 $ 40.00 $ 55.00 $ 220.00 $ 460.00 22913116 12/5/2017 $ 125.00 $ 80.00 $ 220.00 $ 425.00 22917108 11/24/2017 $ 145.00 $ 40.00 $ 55.00 $ 220.00 $ 460.00 22926370 12/5/2017 $ 312.50 $ 80.00 $ 55.00 $ 220.00 $ 667.50 22928401 12/5/2017 $ 250.00 $ 160.00 $ 55.00 $ 220.00 $ 685.00 22934116 12/5/2017 $ 145.00 $ 40.00 $ 55.00 $ 220.00 $ 460.00 22945128 12/6/2017 $ 2,125.00 $ 160.00 $ 55.00 $ 220.00 $ 2,560.00 108958107 12/5/2017 $ 200.00 $ 45.00 $ 55.00 $ 220.00 $ 520.00 109041101 11/16/2017 $ 250.00 $ 80.00 $ 55.00 $ 220.00 $ 605.00 Exhibit B Page 1 of 1 Page 83 DATE: June 20, 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 Romeo M. David, Associate Engineer SUBJECT: CONSIDERATION OF A CONTRACT WITH ALL AMERICAN ASPHALT IN AN AMOUNT OF $347,500, PLUS A 10% CONTINGENCY, AND AN APPROPRIATION IN THE AMOUNT OF $416,506 FROM THE MEASURE I FUND FOR THE FISCAL YEAR 2017/18 NON -LOCAL PAVEMENT REHABILITATION PROJECT FOR HAVEN AVENUE. RECOMMENDATION: Staff recommends the City Council: 1. Approve the plans and specifications for the Fiscal Year 2017/18 Non -Local Pavement Rehabilitation Project for Haven Avenue on file with the City Engineer (Project); 2. Accept the bids received for the Project; 3. Award and authorize the execution of the contract for the base bid plus additive bid in the amount of $347,500, to the lowest responsive bidder, All American Asphalt; 4. Authorize the expenditure of a 10% contingency in the amount of $34,750; 5. Authorize a Purchase Order in the amount of $19,456 to Aufbau Corporation for on-call construction inspection services; 6. Authorize a Purchase Order in the amount of $14,800 to Ninyo and Moore for Soils and Materials testing services; and 7. Authorize an appropriation in the amount of $416,506 from the Measure I fund balance BACKGROUND: Haven Avenue is classified as a major arterial roadway within the city limits which carries approximately 45,000 vehicles per day. The roadway segment on Haven Avenue between Foothill Boulevard and Church Street has deteriorated to the extent requiring asphalt overlay resurfacing. Further, the City recently completed construction of the Rancho Cucamonga Municipal Utility line extension on Haven Avenue from Foothill Boulevard to south of Church Street necessitating construction of a final pavement overlay to complete the trench reconstruction. An asphalt overlay will extend the life of the pavement and improve rideability. A Vicinity Map illustrating the project location is included as Attachment 1. ANALYSIS: Page 84 The scope of work consists of cold milling, routing and crack sealing, placing an asphalt rubber hot mix overlay, grinding and patching asphalt concrete, adjusting existing manholes and valves to the new grade, video detection zone adjustment, and pavement markers and striping. The contract documents call for twenty-five (25) working days to complete this construction. The Notice Inviting Bids was released to the general contracting community and was published in the Daily Bulletin on May 15 and May 22, 2018. The City Clerk's Office facilitated the formal solicitation for bidding the project. On May 29, 2018, the City Clerk's Office received four construction bids. The Engineer's estimate for this work totals $424,469. The apparent low bidder, All American Asphalt, submitted a bid in the amount of $347,500 for the base bid and additive bid item. A full bid summary is included as Attachment 2. The Engineering staff has reviewed all bids received and found all to be complete and in accordance with the bid requirements with any irregularities to be inconsequential. Staff has completed the required background investigation and finds that the lowest responsive bidder All American Asphalt meets the requirements of the bid documents. ENVIRONMENTAL: Staff has determined that the project is Categorically Exempt per the California Environmental Quality Act (CEQA) Article 19. Categorical Exemptions. In Accordance with Section 15301 "Existing Facilities" subsection (c), Class 1 projects consist of minor alteration of existing public facilities, therefore, the Fiscal Year 2017/18 Non -Local Pavement Rehabilitation Project for Haven Avenue is considered categorically exempt from CEQA. FISCAL IMPACT: Anticipated construction costs for this project are estimated to be as follows: Construction Contract $347,500 Construction Contract Contingency (10%) $34,750 Construction Inspection $19,456 Soils and Materials Testing $14,800 Estimated Construction Costs $416,506 Pavement resurfacing on Haven Avenue from Foothill Boulevard to Base Line Road had been planned for next fiscal year in the Fiscal Year 2017/18 Capital Improvements Program (CIP). Given the need to overlay a portion of the street following the RCMU line extension project, it is advantageous to move the resurfacing of the segment from Foothill Boulevard to Church Street to the current fiscal year. The remainder from Church Street to Base Line is included in the draft Cl P for Fiscal Year 2018/19. Sufficient funds are available in the Measure I (Fund 177) fund balance for this work. An appropriation in the amount of $416,506 from the Measure I (Fund 177) fund balance into the following project account number is required to cover the anticipated construction costs. Account No. Funding Source Description Amount 11773035650/1933177-0 Measure I Fund (177) Haven Rehabilitation $416,506 COUNCIL GOAL(S) ADDRESSED: The proposed asphalt rubber hot mix pavement overlay improvements will enhance the City position as the premier community in our region. ATTACHMENTS: Page 85 Description Attachment 1 - Vicinity Map Attachment 2 - Bid Summary Page 86 VICINITY MAP CITY OF RANCHO CUCAMONGA HAVEN AVENUE PAVEMENT REHABILITATION N.T.S. ATTACHMENT 1 Page 87 ADDITIVE BID UNIT COST AMOUNT BID SUMMARY FOR BID OPENING MAY 29, 2018 UNIT BID COST AMOUNT UNIT BID COST AMOUNT APPARENT LOW BIDDER NO 2 UNIT 3 1 4 SF FURNISH AND INSTALL GREEN PREFORMED THERMOPLASTIC PER ENNIS- FLINT, VIZIGRIP AND SLIP RESISTANT GREEN BIKE LANE HAVEN AVENUE PAVEMENT REHABILITATION PROJECT ENGINEER'S ESTIMATE ALL AMERICAN ASPHALT VANCE CORPORATION R.J. NOBLE COMPANY HARDY & HARPER INC. BASE BID UNIT UNIT BID UNIT BID UNIT BID UNIT BID NO QTY UNIT DESCRIPTION COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT 1 1 LS MOBILIZATION $15,000.00 $ 15,000.00 $21,368.00 $ 21,368.00 $25,000.00 $ 25,000.00 $16,000.00 $ 16,000.00 $16,470.04 $ 16,470.04 2 2,586 TON 0.12' ASPHALT RUBBER HOT MIX OVERLAY (ARHM) $ 80.00 $206,880.00 $ 82.00 $212,052.00 $ 75.00 $193,950.00 $ 86.00 $222,396.00 $ 85.86 $222,033.96 3 8,730 SY VARIABLE COLD PLANE (0--0. IT) PER PLAN $ 2.50 $ 21,825.00 $ 2.50 $ 21,825.00 $ 2.50 $ 21,825.00 $ 2.30 $ 20,079.00 $ 1.96 $ 17,110.80 GRIND AND PATCH - (0.12' COLD PLANE AND 0.12' A.C. OVERLAY) PER PLAN 4 14,220 SF AND DETAIL ON SHEET 1 $ 1.20 $ 17,064.00 $ 1.50 $ 21,330.00 $ 1.50 $ 21,330.00 $ 1.50 $ 21,330.00 $ 1.66 $ 23,605.20 5 59 EA ADJUST WATER VALVE, GAS VALVE COVER TO GRADE $ 250.00 $ 14,750.00 $ 100.001$ 5,900.00 $ 75.00 $ 4,425.00 $ 135.00 $ 7,965.00 $ 100.00 $ 5,900.00 6 24 EA ADJUST MANHOLE COVER TO GRADE $ 450.00 $ 10,800.00 $ 500.00 $ 12,000.00 $ 850.00 $ 20,400.00 $ 570.00 $ 13,680.00 $ 500.00 $ 12,000.00 7 1 EA ADJUST SEWER CLEAN-OUT TO GRADE $ 300.00 $ 300.00 $ 500.00 $ 500.00 $ 750.00 $ 750.00 $ 570.00 $ 570.00 $ 1,000.00 $ 1,000.00 TRAFFIC SIGNING (ALL SIGNS SHOWN ON STRIPING PLANS AND PER STD. 8 18 EA DWG. NO. 401B) $ 200.00 $ 3,600.00 $ 300.00 $ 5,400.00 $ 300.00 $ 5,400.00 $ 300.00 $ 5,400.00 $ 300.00 $ 5,400.00 TRAFFIC STRIPING, MARKINGS AND MARKERS PER CITY STD. DWG. NO. 133 9 (ALL LEGENDS, SYMBOLS, LIMIT LINES AND CROSSWALKS SHALL BE 1 LS THERMOPLASTIC) - EXCLUDES GREE PREFORMED THERMOPLASTIC $80,000.00 $ 80,000.00 $18,000.00 $ 18,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 30,000.00 $ 30,000.00 10 1 LS TRAFFIC CONTROL $20,000.00 $ 20,000.00 $10,000.00 $ 10,000.00 $ 25,000.00 $ 25,000.00 $ 28,000.00 $ 28,000.00 $ 45,000.00 $ 45,000.00 11 2 EA INSTALL CONSTRUCTION SIGNS (SEE SPEC APPENDIX) $ 1,000.00 $ 2,000.00 $ 1,500.00 $ 3,000.00 1 $ 750.00 $ 1,500.00 $ 550.00 $ 1,100.00 $ 1,000.00 $ 2,000.00 TOTAL BASE BID AMOUNT IS 392 219.00 33-1,375 AA I t 339 580.00 356 520.00 380 520.00 ADDITIVE BID UNIT COST AMOUNT UNIT BID COST AMOUNT UNIT BID COST AMOUNT UNIT BID COST AMOUNT UNIT BID COST AMOUNT NO OTY UNIT DESCRIPTION 1 1,290 SF FURNISH AND INSTALL GREEN PREFORMED THERMOPLASTIC PER ENNIS- FLINT, VIZIGRIP AND SLIP RESISTANT GREEN BIKE LANE $ 25.00 $ 32,250.00 $ 12.50 $ 16,125.00 $ 12.00 $ 15,480.00 $ 12.40 $ 15,996.00 $ 12.00 $ 15,480.00 TOTAL BASE BID+ADDITIVE BID AMOUNT $ 424,469.00 $ 347,500.00 $ 355,060.00 $ 372,516.00 $ 396,000.00 Page 88 ATTACHMENT 2 DATE: June 20, 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 INCREASE IN CONSTRUCTION CONTINGENCY AND AN ADDITIONAL APPROPRIATION OF $144,100 FROM THE TRANSPORTATION FUND (FUND 124) FOR FISCAL YEAR 2016/17 INSTALLATION OF FOUR (4) TRAFFIC SIGNALS AT VARIOUS LOCATIONS PROJECT. RECOMMENDATION: Staff recommends that the City Council: 1. Authorize additional construction contingency in the amount of $107,300 to Alfaro Communication Construction Inc., for the Fiscal Year 2016/17 Installation of Four (4) Traffic Signals at Various Locations Project; 2. Authorize an increase to the purchase order with Onward Engineering in the amount of $36,800 for additional on-call construction inspection services; and 3. Authorize an additional appropriation in the amount of $144,100 from the Transportation Fund (Fund 124) Fund Balance to cover additional project costs. BACKGROUND: On June 21, 2017, the City Council awarded a construction contract with Alfaro Communication Construction Inc., in the amount of $2,327,205 for the Fiscal Year 2016/17 Installation of Four (4) Traffic Signals at Various Locations Project. In addition, the City Council authorized a 10% contingency in the amount of $232,721 to address unforeseen construction related incidentals. A net appropriation of $290,526 from the Transportation Fund (Fund 124) into the project account was approved in order to proceed with construction. A copy of the June 21, 2017 City Council Staff Report is held on file with the City Clerk's office. ANALYSIS: During the course of construction various change order requests have been submitted by the Contractor. A total of 4 change orders totaling $51,921.82 have been reviewed and approved by staff. The amount of the remaining change order requests currently under review along with potential change orders not submitted would exceed the remaining balance of the approved project contingency. To provide authority to continue negotiating change orders and avoid delays in finalizing the project, an increase in the amount of $107,300 for a total project contingency of $340,021 or 15% of the contract award is necessary. At this Page 89 time, the project is substantially complete with all major work already constructed or installed. The anticipated final completion date is expected in July 2018. On-call inspection firm Onward Engineering is providing construction inspection services for this project. The budget and proposal for inspection anticipated a maximum daily inspection of four hours. However, due to the need for additional oversight and inspection during construction, staff requested that Onward increase inspection services from four to eight hours per day. As a result, the amount budgeted for inspection services has exceeded the budget. To that end, an increase in the amount of $36,800 for additional construction inspection services is required to cover the additional cost. FISCAL IMPACT: Additional funds from the Transportation Fund (Fund 124) Fund Balance will need to be appropriated into the following project accounts in order to cover the anticipated construction and inspection costs. Sufficient fund balance exists to cover the following additional costs: Account No. 11243035650/1888124- 0 11243035650/1939124- 0 11243035650/1940124- 0 11243035650/1941124- 0 Funding Source Transportation Fund (124) Transportation Fund (124) Transportation Fund (124) Description Amount Miller @ East $28,680 6th @ Rochester $37,520 Milliken @ 5th $23,980 Transportation Fund (124) Rochester @ Jersey $53,920 $144,100 COUNCIL GOAL(S) ADDRESSED: This item addresses City Council Goal of public safety by enhancing equipment to signalize intersections for locations that have experienced community growth. The item also addresses the City Council Goal of enhancing premier community status by increasing the active investment in improving traffic management operations throughout the City. Page 90 DATE: June 20, 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 Baldwin Ngai, Assistant Engineer SUBJECT: CONSIDERATION OF AN AGREEMENT WITH SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY (SBCTA) FOR AB 2766 MOBILE SOURCE REDUCTION REVIEW COMMITTEE (MSRC) SIGNAL SYNCHRONIZATION PARTNERSHIP PROGRAM FOR THE INTEGRATION OF RAMP TRAFFIC SIGNALS AT THREE EXISTING FREEWAY INTERCHANGES INTO CITY'S EXISTING COORDINATED ARTERIALS. RECOMMENDATION: Staff recommends that the City Council approve the attached agreement with the San Bernardino County Transportation Authority (SBCTA) and authorize the City Manager to sign the agreement. BACKGROUND: In February 2014, San Bernardino County Transportation Authority (SBCTA), formerly known as San Bernardino Associated Governments (SANBAG), released a call for projects to local jurisdictions to identify projects that would be funded through the Mobile Source Reduction Review Committee (MSRC) Clean Transportation Funding Traffic Signal Coordination CTC Partnership Program. In March 2014, the City of Rancho Cucamonga submitted a proposal to incorporate the existing traffic signals at freeway interchange ramps into the City's existing coordinated arterials. The final grant award in the amount of $124,810 included integration of the traffic signals at the interchange ramps located along State Route 210 at Haven Avenue and along Interstate 15 at both Base Line Road and Foothill Boulevard into the City's Traffic Management System. The City Council approved a grant agreement (CO15-046) on January 21, 2015 for this project. ANALYSIS: The term of CO 15-046 was for thirty six (36) months and expired on March 4, 2018. 1 n order to ensure the City's eligibility for reimbursement under the grant, the proposed agreement is needed to extend the term from March 4, 2018 to March 26, 2020. A construction contract for this project was awarded on October 18, 2017 and the project is currently in the preconstruction stage with an anticipated completion before the end of the year. FISCAL IMPACT: Under the proposed agreement, SBCTA would reimburse the City $124,810 in MSRC funding upon Page 91 completion of the project. COUNCIL GOAL(S) ADDRESSED: This project addresses the City Council Goal of providing for public safety by enhancing traffic management operations, which improves maintenance to ensure that traffic signals are functioning properly. The project also addresses the City Council Goal of enhancing premier community status by improving traffic flows and reducing fuel consumption and vehicle emissions. ATTACHMENTS: Description Attachment 1 - MSRC Contract Page 92 SBCTA CONTRACT NO: 18-1001943 by and between SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY and THE CITY OF RANCHO CUCAMONGA for AB 2766 Nlobile Source Reduction Review Committee (MSRC) Signal Synchronization Partnership Program AB 2766/MSRC SIGNAL SYNCHRONIZATION PARTNERSHIP PROGRAM CONTRACT PARTIES - The parties to this Contract are the San Bernardino County Transportation Authority (hereinafter referred to as "SBCTA") whose address is 1170 W. 3rd Street, 2nd Floor, San Bernardino California 92410-1715, and the City of Rancho Cucamonga (hereinafter referred to as "JURISDICTION") whose address is 10500 Civic Center Drive, Rancho Cucamonga California 91730. 2. RECITALS A. The South Coast Air Quality Management District (hereinafter referred to as "SCAQMD") is the local agency with primary responsibility for regulating stationary source air pollution within the geographical boundaries of San Bernardino County in the State of California (State). SCAQMD is authorized under State Health & Safety Code Section 44225 (AB 2766) to levy a fee on motor vehicles for the purpose of reducing air pollution from such vehicles and to implement the California Clean Air Act. B. Under AB 2766, SCAQMD's Governing Board has authorized the imposition of the statutorily set motor vehicle fee. By taking such action, the State's Department of Motor Vehicles (DMV) is required to collect such fee and remit it periodically to SCAQMD. C. AB 2766 further mandates that thirty (30) percent of such vehicle registration fees be placed by SCAQMD into a separate account for the sole purpose of implementing and monitoring programs to reduce air pollution from motor vehicles. D. AB 2766 creates a regional Mobile Source Air Pollution Reduction Review Committee (MSRC) to develop a work program to fund projects from the separate account. Pursuant to approval of the work program by SBCTA's Governing Board, SBCTA authorized this Contract with JURISDICTION for equipment or services described in Attachment 1 - Statement of Work, expressly incorporated herein by this reference and made a part hereof of this Contract. E. JURISDICTION has met the requirements for receipt of AB 2766 Discretionary Funds as set forth in JURISDICTION's Signal Synchronization Partnership Program Application/Proposal dated April, 2014. F. JURISDICTION is authorized to do business in the State of California and attests that it is in good tax standing with the California Franchise Tax Board. G. All parties to this Contract have had the opportunity to have this Contract reviewed by their attorney. 3. DMV FEES - JURISDICTION acknowledges that SCAQMD and SBCTA cannot guarantee that the amount of fees to be collected under AB 2766 will be sufficient to fund this Contract. JURISDICTION further acknowledges that payment under this Contract is contingent upon SCAQMD receiving sufficient funds from the DMV, and that SCAQMD and SBCTA assumes no responsibility for the collection and remittance of motor vehicle registration fees. ATTACHMENT 1 Page 93 4. AUDIT AND RECORDS RETENTION A. JURISDICTION shall, at least once every two years, or within two years of the termination of the Contract if the term is less than two years, be subject to an audit by SCAQMD or its authorized representative to determine if the revenues received by JURISDICTION were spent for the reduction of pollution from motor vehicles pursuant to the Clean Air Act of 1988. B. JURISDICTION agrees to maintain records related to this Contract during the Contract term and continue to retain these records for a period of two years beyond the Contract term, except that in no case shall JURISDICTION be required to retain more than the most recent five years' records. SCAQMD shall coordinate such audit through JURISDICTION'S audit staff. C. If an amount is found to be inappropriately expended, SCAQMD and/or SBCTA may withhold funding, or seek reimbursement, from JURISDICTION in the amount equal to the amount that was inappropriately expended. Such withholding shall not be construed as SCAQMD's or SBCTA's sole remedy and shall not relieve JURISDICTION of its obligation to perform under the terms of this Contract. TERM - The term of this Contract is from March 4, 2018 through March 26, 2020, unless terminated earlier as provided for in the TERMINATION clause of this Contract, or the term is extended by amendment of this Contract in writing. No work shall commence prior to the Contract start date, except at JURISDICTION's cost and risk, and no charges are authorized until this Contract is fully executed, subject to the provisions stated in the PRE -CONTRACT COSTS clause of this Contract. 6. SUCCESSORS -IN -INTEREST - This Contract, and the obligations arising under the Contract, shall be binding on and inure to the benefit of JURISDICTION and their executors, administrators, successors, and assigns. 7. STATEMENT OF WORK — JURISDICTION is responsible for completion of the Statement of Work as defined in Attachment 1 ` and assumes ownership of deliverables defined in Attachment 1. Future maintenance requirements are the responsibility of JURISDICTION. 8. REPORTING — JURISDICTION shall submit reports to SBCTA as outlined in Attachment 1 — Statement of Work. SBCTA reserves the right to review, comment, and request changes to any report produced as a result of this Contract. 9. TERMINATION A. In the event any party fails to comply with any term or condition of this Contract, or fails to provide services in the manner agreed upon by the parties, including, but not limited to, the requirements of Attachment 1 — Statement of Work, this failure shall constitute a breach of this Contract. The non - breaching party shall notify the breaching party that it must cure this breach or provide written notification of its intention to terminate this contract. Notification shall be provided in the manner set forth in the NOTICES clause of this Contract. The non -breaching party reserves all rights under law and equity to enforce this Contract and recover damages. B. SBCTA reserves the right to terminate this Contract, in whole or in part, without cause, upon thirty (30) days' written notice. Once such notice has been given, JURISDICTION shall, except as and to the extent or directed otherwise by SBCTA, discontinue any Work being performed under this Contract and cancel any of JURISDICTION's orders for materials, facilities, and supplies in connection with such Work, and shall use its best efforts to procure termination of existing subcontracts upon terms satisfactory to SBCTA. Thereafter, JURISDICTION shall perform only such services as may be necessary to preserve and protect any Work already in progress and to dispose of any property as requested by SBCTA. 2 Page 94 C. JURISDICTION shall be paid in accordance with this Contract for all Work performed before the effective date of termination under section B of the TERMINATION clause of this Contract. Before expiration of the thirty (30) days' written notice, JURISDICTION shall promptly deliver to SBCTA all copies of documents and other information and data prepared or developed by JURISDICTION under this Contract with the exception of a record copy of such materials, which may be retained by JURISDICTION. 10. STOP WORK - SBCTA may, at any time, by written notice to JURISDICTION, require JURISDICTION to stop all or any part of the Statement of Work tasks in this Contract. A stop work order may be issued for reasons including, but not limited to, the project exceeding the budget, out of scope work, delay in project schedule, or misrepresentations. Upon receipt of the stop work order, JURISDICTION shall immediately take all necessary steps to comply with the order. JURISDICTION shall resume the work only upon receipt of written instructions from SBCTA cancelling the stop work order. JURISDICTION agrees and understands that JURISDICTION will not be paid for performing work while the stop work order is in effect, unless SBCTA agrees to do so in its written cancellation of the stop work order. 11. INSURANCE — Prior to commencing Work under the Contract, and at all times during the term of the Contract, JURISDICTION shall procure and maintain the following insurance coverage either through policies provided by insurance carriers authorized and admitted to do business in California with current A.M. Best ratings of A -VII or better, or through self-insurance in accordance with applicable provisions of California law. JURISDICTION shall provide evidence of sufficient coverage during the term of this Contract and any extensions thereof that meet or exceed the minimum requirements set forth by SBCTA below. The evidence of such insurance coverage shall be sent to: SBCTA, 1170 W. 3rd Street, 2nd Floor, San Bernardino CA 92410-1715, Attention: Jeffery Hill, Procurement Manager. The SBCTA Contract Number must be included on the face of the certificate. If JURISDICTION fails to maintain the required insurance coverage, SBCTA reserves the right to terminate the Contract or purchase such additional insurance and bill JURISDICTION or deduct the cost thereof from any payments owed to JURISDICTION. Minimum insurance coverages are as follows: A. Worker's compensation insurance in accordance with California's applicable statutory requirements. B. General Liability insurance with a limit of at least $1,000,000 per occurrence, and $2,000,000 in general aggregate. C. Automobile Liability insurance with limits of at least $100,000 per person and $300,000 per accident for bodily injuries and $50,000 in property damage, or $1,000,000 combined single limit for bodily injury or property damage. D. All polices, except those for Workers' Compensation Insurance shall name SBCTA and its officers, directors, members, employees, agents and volunteers, as additional insureds ("Additional Insureds"). E. To the fullest extent permitted by law, JURISDICTION hereby waives all rights of recovery under subrogation against Additional Insureds, and any other contractor, subcontractor, performing work or rendering services on behalf of SBCTA in connection with the Work. JURISDICTION shall require similar written express waivers and insurance clauses from each of its contractors and subcontractors of every tier. JURISDICTION shall require all of the policies and coverages required above to waive all rights of subrogation against the Additional Insureds and Indemnitees. R1 Page 95 12. INDEMNIFICATION - JURISDICTION agrees to hold harmless, defend and indemnify SBCTA, its officers, employees, agents, representatives, and successors -in -interest ("Indemnitees") against any and all loss, damage, costs, lawsuits, claims, demands, causes of action, judgments, attorney's fees, and any other costs and expenses arising from or related to any third party claim against Indemnitees that arise from or relate to in whole or in part, any actual or alleged act or omission of JURISDICTION, its employees, subcontractors, agents or representatives in the performance of this Contract. 13. DISCLAIMER OF WARRANTY - The purchase or lease of funded vehicles/equipment is the JURISDICTION's decision. SBCTA does not make any express or implied warranty of merchantability, fitness for a particular purpose or otherwise, quality or usefulness of the technology or product. Without limiting the foregoing, SBCTA will not be financially responsible, or otherwise liable, for the installation or performance of equipment. 14. PAYMENT A. SBCTA shall reimburse JURISDICTION up to a total amount of One Hundred Twenty Four Thousand, Eight Hundred Ten Dollars ($124,810) in accordance with Attachment 2 — Payment Schedule. B. A withhold amount or percentage (if any) shall be identified in the Payment Schedule, and such amount shall be withheld from each invoice. Upon satisfactory completion of project and final acceptance of work and the final report, JURISDICTION's invoice for the withheld amount shall be released. Proof of project completion shall include a Final Report detailing the project goals and accomplishments, data collected during project performance, if any, documentation of significant results, and emissions reduction input data needed for calculation of emissions reductions. C. JURISDICTION shall adhere to total tasks and/or cost elements (cost category) expenditures as listed in Attachment 2. Reallocation of costs between tasks and/or cost category expenditures is permitted up to Five Thousand Dollars ($5,000) upon prior written approval from SBCTA's Program Manager. SBCTA's Program Manager is the Director of Planning, or his designee. Reallocation of costs in excess of Five Thousand Dollars ($5,000) between tasks and/or cost category expenditures requires an amendment to this Contract. D. Any funds not expended upon early Contract termination or Contract completion shall revert to the AB 2766 Discretionary Fund. Payment of charges shall be made by SBCTA to JURISDICTION after approval by SBCTA of an itemized invoice prepared and furnished by JURISDICTION, and approval of invoice and receipt of invoiced funds from SCAQMD. E. An invoice submitted to SBCTA for payment must be prepared in duplicate, on company letterhead, and list SBCTA's contract number, period covered by invoice, and JURISDICTION's social security number or Employer Identification Number and submitted to: San Bernardino County Transportation Authority 1170 W. 3rd Street, 2nd Floor San Bernardino, CA 92410-1715 Attn: Vanessa Schoenewald, Transportation Programming Analyst I. Charges for equipment, material, and supply costs, travel expenses, subcontractors, and other charges, as applicable, must be itemized by JURISDICTION. Reimbursement for equipment, material, supplies, subcontractors, and other charges, as applicable, shall be made at actual cost. Supporting documentation must be provided for all individual charges (with the exception of direct labor charges provided by JURISDICTION). 2. SBCTA shall pay JURISDICTION for travel -related expenses only if such travel is expressly set forth in Attachment 2 — Payment Schedule of this Contract or pre -authorized by SBCTA in writing. 4 Page 96 M 3. JURISDICTION's failure to provide receipts shall be grounds for SBCTA's non -reimbursement of such charges. JURISDICTION may reduce payments on invoices by those charges for which receipts were not provided. 4. JURISDICTION must submit final invoice no later than ninety (90) days after the termination date of this Contract or invoice may not be paid. 15. COMPLIANCE WITH APPLICABLE LAWS - JURISDICTION agrees to comply with all federal, state, and local laws, ordinances, codes and regulations and orders of public authorities in the performance of this Contract. JURISDICTION must also ensure that the vehicles and/or equipment to be purchased, leased or installed is in compliance with all applicable federal, state, and local air quality rules and regulations, and that it will maintain compliance for the full Contract term. JURISDICTION shall ensure that the provisions of this clause are included in all subcontracts. 16. MOBILE SOURCE EMISSION REDUCTION CREDITS (MSERCs) A. The MSRC has adopted a policy that no MSERCs resulting from AB 2766 Discretionary Funds may be generated and/or sold. B. JURISDICTION has the opportunity to generate MSERCs as a by-product of the project if a portion of the air quality benefits attributable to the project resulted from funding sources other than AB 2766. These MSERCs, which are issued by SCAQMD, are based upon the quantified vehicle miles traveled (VMT) by project vehicles or other activity data as appropriate. Therefore, a portion of prospective MSERCs, generated as a result of AB 2766 Funds, must be retired. The portion of prospective credits funded by the AB 2766 program, and which are subject to retirement, shall be referred to as "AB 2766- MSERCs." C. The determination of AB 2766-MSERC's is to be prorated based upon the AB 2766 program's contribution to the cost associated with the air quality benefits. In the case where AB 2766 Discretionary Funds are used to pay for the full differential cost of a new alternative fuel vehicle or for the retrofitting or repowering of an existing vehicle, all MSERCs attributable to AB 2766 Discretionary Funds must be retired. The determination of AB 2766-MSERCs for infrastructure and other ancillary items is to be prorated based upon the AB 2766 program's contribution to the associated air quality benefits. Determination of the project's overall cost will be on a case-by-case basis at the time an MSERC application is submitted. SCAQMD staff, at the time an MSERC application is submitted, will calculate total MSERCs and retire the AB 2766-MSERCs. JURISDICTION would then receive the balance of the MSERCs not associated with AB 2766 funding. 17. NOTICES - All notices that are required or that may be given under this Contract shall be provided in the manner set forth herein, unless specified otherwise. Notice to a party shall be delivered to the attention of the person listed below, or to such other person or persons as may hereafter be designated by that party in writing. Notice shall be in writing sent by email, U.S. Mail, express, certified, return receipt requested, or a nationally recognized overnight courier service. In the case of email communications, valid notice shall be deemed to have been delivered upon sending, provided the sender obtained an electronic confirmation of delivery. Email communications shall be deemed to have been received on the date of such transmission, provided such date was a business day (Tuesday -Friday) and delivered prior to 5:30pm Pacific Standard Time. Otherwise, receipt of email communications shall be deemed to have occurred on the following business day. In the case of U.S. Mail notice, notice shall be deemed to be received when delivered or five (5) business days after deposit in the U. S. Mail. In the case of a nationally recognized overnight courier service, notice shall be deemed received when delivered (written receipt of delivery). 61 Page 97 SBCTA: San Bernardino County Transportation Authority 1170 W. 3rd Street, 2nd Floor San Bernardino, CA 92410-1715 Attn: Cameron Brown, Senior Planner, email: cbrown@gosbcta.com JURISDICTION: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Attn: Jason Welday, Director of Engineering Services / City Engineer email: Jason.Welday@CityofRC.us 18. INDEPENDENT CONTRACTOR - JURISDICTION is an independent contractor. JURISDICTION, its officers, employees, agents, representatives, or subcontractors shall in no sense be considered employees or agents of SBCTA, nor shall JURISDICTION, its officers, employees, agents, representatives, or subcontractors be entitled to or eligible to participate in any benefits, privileges, or plans, given or extended by SBCTA to its employees. SBCTA will not supervise, direct, or have control over, or be responsible for, JURISDICTION's or subcontractor's means, methods, techniques, work sequences or procedures, or for the safety precautions and programs incident thereto, or for any failure by them to comply with any local, state, or federal laws, or rules or regulations, including state minimum wage laws and OSHA requirements. 19. OWNERSHIP - Title and full ownership rights to any equipment purchased under this Contract shall at all times remain with JURISDICTION. 20. NON-DISCRIMINATION - In the performance of this Contract, JURISDICTION shall not discriminate in recruiting, hiring, promotion, demotion, or termination practices on the basis of race, religious creed, color, national origin, ancestry, sex, age, or physical handicap and shall comply with the provisions of the California Fair Employment & Housing Act (Government Code Section 12900, et sea.), the Federal Civil Rights Act of 1964 (P.L. 88-352) and all amendments thereto, Executive Order No. 11246 (30 Federal Register 12319), and all administrative rules and regulations issued pursuant to said Acts and Order. JURISDICTION shall likewise require each subcontractor to comply with this clause and shall include in each such subcontract language similar to this clause. 21. CITIZENSHIP AND ALIEN STATUS A. JURISDICTION warrants that it fully complies with all laws regarding the employment of aliens and others, and that its employees performing services hereunder meet the citizenship or alien status requirements contained in federal and state statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986 (P.L. 99-603). JURISDICTION shall obtain from all covered employees performing services hereunder all verification and other documentation of employees' eligibility status required by federal statutes and regulations as they currently exist and as they may be hereafter amended. JURISDICTION shall have a continuing obligation to verify and document the continuing employment authorization and authorized alien status of employees performing services under this Contract to insure continued compliance with all federal statutes and regulations. Notwithstanding the above, JURISDICTION, in the performance of this Contract, shall not discriminate against any person in violation of 8 USC Section 1324b. B. JURISDICTION shall retain such documentation for all covered employees for the period described by law. JURISDICTION shall indemnify, defend, and hold harmless Indemnitees from employer sanctions Page 98 and other liability which may be assessed against JURISDICTION or SBCTA, or both in connection with any alleged violation of federal statutes or regulations pertaining to the eligibility for employment of persons performing services under this Contract. 22. ASSIGNMENT AND TRANSFER OF EQUIPMENT A. The rights and responsibilities granted hereby may not be assigned, sold, licensed, or otherwise transferred by JURISDICTION without the prior written consent of SBCTA, and any attempt by JURISDICTION to do so shall be void upon inception. B. JURISDICTION agrees to obtain SBCTA's written consent to any assignment, sale, license or transfer of Equipment, if any, rior to completing the transaction. JURISDICTION shall inform the proposed assignee, buyer, licensee or transferee (collectively referred to here as "Buyer") of the terms of this Contract. JURISDICTION is responsible for establishing contact between SBCTA and the Buyer and shall assist SBCTA in facilitating the transfer of this Contract's terms and conditions to the Buyer. JURISDICTION will not be relieved of the legal obligation to fulfill the terms and conditions of this Contract until and unless the Buyer has assumed responsibility of this Contract's terms and conditions through an executed contract with SBCTA. 23. NON -EFFECT OF WAIVER - The failure of JURISDICTION or SBCTA to insist upon the performance of any or all of the terms, covenants, or conditions of this Contract, or failure to exercise any rights or remedies hereunder, shall not be construed as a waiver or relinquishment of the future performance of any such terms, covenants, or conditions, or of the future exercise of such rights or remedies, unless otherwise provided for herein. 24. TAX IMPLICATIONS FROM RECEIPT OF MSRC FUNDS - JURISDICTION is advised to consult a tax attorney regarding potential tax implications from receipt of MSRC funds. 25. ATTORNEYS' FEES - In the event any action is filed in connection with the enforcement or interpretation of this Contract, each party in said action shall pay its own attorneys' fees and costs. 26. FORCE MAJEURE - Neither SBCTA nor JURISDICTION shall be liable or deemed to be in default for any delay or failure in performance under this Contract or interruption of services resulting, directly or indirectly, from acts of God, civil or military authority, acts of public enemy, war, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, or any similar cause beyond the reasonable control of SBCTA or JURISDICTION. 27. SEVERABILITY - In the event that any one or more of the provisions contained in this Contract shall for any reason be held to be unenforceable in any respect by a court of competent jurisdiction, such holding shall not affect any other provisions of this Contract, and the Contract shall then be construed as if such unenforceable provisions are not a part hereof. 28. HEADINGS - Headings on the clauses of this Contract are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction, or meaning of the provisions of this Contract. 29. DUPLICATE EXECUTION - This Contract is executed in duplicate. Each signed copy shall have the force and effect of an original. 7 Page 99 30. GOVERNING LAW -This Contract shall be construed and interpreted and the legal relations created thereby shall be determined in accordance with the laws of the State of California. Venue for resolution of any disputes under this Contract shall be San Bernardino County, California. 31. PRE -CONTRACT COSTS - Any costs incurred by JURISDICTION prior to JURISDICTION receipt of a fully executed Contract shall be incurred solely at the risk of the JURISDICTION. In the event that a formal Contract is not executed, neither the MSRC, SCAQMD nor SBCTA shall be liable for any amounts expended in anticipation of a formal Contract. If a formal Contract does result, pre -contract cost expenditures authorized by the Contract will be reimbursed in accordance with the Payment Schedule and payment provision of the Contract. 32. CHANGE TERMS - Changes to any part of this Contract must be requested in writing by JURISDICTION and approved by SBCTA in accordance with SBCTA policies and procedures. JURISDICTION must make requests a minimum of 90 days prior to desired effective date of change. All modifications to this Contract shall be in writing and signed by the authorized representatives of the parties. No changes to the terms of this Contract will be approved that are inconsistent with the terms of SBCTA's Contract No. MS14072 with SCAQMD. 33. PREVAILING WAGES - JURISDICTION is alerted to the prevailing wage requirements of California Labor Code section 1770 et seq. Notwithstanding the preceding sentence, JURISDICTION shall be responsible for determining the applicability of the provisions of California Labor Code and complying with the same, including, without limitation, obtaining from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work, making the same available to any interested party upon request, paying any applicable prevailing rates, posting copies thereof at the job site and flowing all applicable prevailing wage rate requirements to its subcontractors. JURISDICTION shall indemnify, defend and hold harmless the Indemnitees against any and all claims, demands, damages, defense costs or liabilities based on failure to adhere to the above referenced statutes. 34. RECITALS — The recitals are true and correct and are incorporated into the body of this Contract. 35. ATTACHMENTS — Attachment 1 — Statement of Work and Attachment 2 — Payment Schedule are attached to and incorporated into and made a part of this Contract. 36. ENTIRE CONTRACT - This Contract represents the entire agreement between JURISDICTION and SBCTA. There are no understandings, representations, or warranties of any kind except as expressly set forth herein. No waiver, alteration, or modification of any of the provisions herein shall be binding on any party unless in writing and signed by the authorized representative of the party against whom enforcement of such waiver, alteration, or modification is sought. 37. AUTHORITY - The signator hereto represents and warrants that he or she is authorized and empowered and has the legal capacity to execute this Contract and to legally bind JURISDICTION both in an operational and financial capacity and that the requirements and obligations under this Contract are legally enforceable and binding on JURISDICTION. SIGNATURES ON FOLLOWING PAGE Page 100 IN WITNESS WHEREOF, the Parties hereto have executed this Contract below. City of Rancho Cucamonga John Gillison City Manager Date: 0 ME Date: ME Date: Alan D. Wapner President, Board of Directors Date APPROVED AS TO FORM Eileen Monaghan Teichert General Counsel CONCURRENCE By: Jeffery Hill Procurement Manager Date: Page 101 DATE: June 20, 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 Fred Lyn, Utilities Division Manager SUBJECT: CONSIDERATION OF A SCHEDULE LS -1 OPTION E AGREEMENT WITH SOUTHERN CALIFORNIA EDISON FOR LED CONVERSION OF STREETLIGHTS ON SCE -OWNED POLES AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT. RECOMMENDATION: Staff recommends the City Council approve the attached Schedule LS -1 Option E Agreement between Southern California Edison and the City of Rancho Cucamonga and authorize the City Manager to execute the Agreement. BACKGROUND: On June 15, 2016, the City Council approved the Purchase and Sale Agreement between the City of Rancho Cucamonga and Southern California Edison (SCE) for the acquisition of 15,299 SCE owned streetlights. The purchase and ownership of the streetlights was divided into five phases and the City took ownership of Phase 1 on August 16, 2017 and the lights were immediately retrofitted with new Light - Emitting Diode (LED) fixtures so that the City could capture not only additional cost savings, but provide a better lighting product for residents and businesses. The acquisition and LED retrofit project is 99.9% complete with around 100 streetlight remaining that have not changed to City ownership or LEDs yet as the City is in final discussions with SCE regarding this last phase. ANALYSIS: Throughout the City there are approximately 300 streetlight arms that are affixed to SCE's overhead high- voltage distribution poles located on collector and arterial streets. These types of streetlights are referred to as LS -1 lights because they are still owned and maintained by SCE and were not part of the original June 15, 2016 sale with SCE. Additionally, these LS -1 lights also have a High Pressure Sodium (HPS) fixture on them and not LEDs, which is currently the City's standard. HPS and LED technologies emit lights of different colors, intensities, and lighting patterns, with differences quite apparent both at the lamp and at the ground. This can be aesthetically displeasing to City drivers and residents. It also takes away from the City's ability to manage its beautification efforts through uniform lighting, as well as its energy efficiency and greenhouse gas reduction efforts. SCE has an existing LS -1 Option E program where the ownership of the pole and fixture remains with SCE and SCE uses their funds to front the conversion costs of their LS -1 HPS fixtures to LED fixtures. Under this program, the City would pay an energy efficiency premium charge (EEPC) based on the fixture Page 102 wattage (between $1.48 for a 150W to $1.97 for a 250W per fixture per month) on the City's streetlight bill for 20 years, allowing SCE to recover the capital cost of the new LED fixture. As an option, the City could pay off the present value of the future payments and close out SCE's 20 year capital recovery on -bill financing mechanism. In order to be considered for the LS -1 Option E program, it requires the City to enter into the attached agreement with SCE. Once the agreement is executed, the City will be placed into the LS -1 Option E LED conversion queue. Representatives from SCE have indicated that there are 37 cities currently in the queue and that it would be approximately 24 months before the retrofit project would occur. Staff will work with SCE representatives on options to see how we can expedite this schedule due to the small number of conversions that are being requested. FISCAL IMPACT: There are no "up front" capital costs required of the City for this LS -1 Option E program. For 300 LS -1 lights to convert to LEDs through this program, it is estimated to cost the City an additional $6,696 annually (estimated average EEPC at $1.86/fixture/month) for the next 20 years. However, even with the added EEPC, there is still an overall savings of approximately $8,300 per year ($2.32/fixture/month) due to the anticipated reduction in kilowatt-hours due to the retrofit to new energy efficiency LEDs. COUNCIL GOAL(S) ADDRESSED: None ATTACHMENTS: Description Attachment 1 - LS -1 Option Agreement Page 103 S[�L�111111V C�LII SIIi M1I-5 ED1saly Southern California Edison Original Cal. PUC Sheet No. 57074-E Rosemead, California (U 338-E) Cancelling Cal. PUC Sheet No. Sheet 1 SCHEDULE LS -1 OPTION E, ENERGY EFFICIENCY -LIGHT EMITTING DIODE (LED) FIXTURE REPLACEMENT RATE AGREEMENT (To be inserted by utility) Advice 3241-E Decision 14-10-046 1P8 Form 14-965 Issued by R.O. Nichols Senior Vice President (To be inserted by Cal. PUC) Date Filed Jun 30, 2015 Effective Jun 1, 2016 Resolution ATTACHMENT Rage 104 SOUTHERN CALIFORNIA EDISON COMPANY SCHEDULE LS -1 OPTION E, ENERGY EFFICIENCY -LIGHT EMITTING DIODE (LED) FIXTURE REPLACEMENT RATE AGREEMENT This Schedule LS -1 Option E, Energy Efficiency -Light Emitting Diode (LED) Fixture Replacement Rate Agreement (Agreement), effective this day of (Effective Date), is entered into between Southern California Edison Company (SCE) and , an SCE customer taking service on Schedule LS -1 (Applicant), referred to collectively as "Parties," and individually as "Party." This Agreement provides for SCE, at Applicant's request, to replace the existing street lighting fixtures serving Applicant's premises with Light Emitting Diode (LED) street lighting fixtures to achieve energy efficiency benefits for Applicant, as set forth in Special Condition 14, Option E, Energy Efficiency -Light Emitting Diode (LED) Fixture Replacement, of Schedule LS -1. The Parties agree as follows: LED FIXTURES SCE shall install, own, operate, and maintain LED Fixtures for Applicant as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. The LED Fixtures provided hereunder shall at all times remain the property of SCE. 2. LED FIXTURE REPLACEMENT COSTS 2.1 The replacement costs of the LED Fixtures provided hereunder shall be borne by Applicant. 2.2 Applicant shall pay the charge for the LED Fixtures Replacement rate, which includes an Energy Efficiency Premium Charge (EEPC) and a Base LED Charge, under Option E of Schedule LS -1. Applicant elects Option E in lieu of an upfront, one-time payment of the replacement costs. 2.3 SCE does not guarantee that any energy or bill savings will accrue to Applicant as a result of the LED Fixture replacements. 3. COMMENCEMENT OF SERVICE The Parties agree that SCE has the right to charge Applicant, and Applicant has an obligation to pay SCE, for the charges set forth in Schedule LS -1, Option E, commencing on the date SCE begins serving the LED Fixtures installed pursuant to this Agreement. 4. TERM AND TERMINATION 4.1 This Agreement shall be effective as of the Effective Date and shall continue for a term of twenty (20) years from the commencement of service as specified in Section 3 above (Term). 4.2 Applicant may terminate this Agreement at any time during the Term upon a thirty (30) - day advance written notice, provided that Applicant, prior to or within the 30 -day advance notice period, assigns the Agreement to any New Party In (NPI) that owns, rents or leases the premises served by the street lighting fixtures replaced under this Agreement and will take service under Option E of Schedule LS -1 effective as of the date of termination; otherwise, Applicant shall pay a one-time termination charge equal to the present value of the balance of the EEPC of Option E over the remaining Term. The present value is determined based on SCE's authorized rate of return on rate base, or discounted rate of 7.90%. Form 14-965 06/2016 Page 105 SOUTHERN CALIFORNIA EDISON COMPANY SCHEDULE LS -1 OPTION E, ENERGY EFFICIENCY -LIGHT EMITTING DIODE (LED) FIXTURE REPLACEMENT RATE AGREEMENT 5. AMENDMENTS; ASSIGNMENTS 5.1 Any changes or amendments to this Agreement must be in writing and must be executed by the Applicant and SCE and, if required, be approved by the California Public Utilities Commission (Commission). 5.2 Applicant shall not assign this Agreement without the prior written consent of SCE; provided, however, that Applicant may assign the Agreement pursuant to the terms and conditions of Section 4.2 above, and the NPI must assume all rights and obligations under this Agreement for the remaining Term. Any assignment and assumption shall be in a form acceptable to SCE. 6. NOTICE Any notice either Applicant or SCE may wish to provide the other regarding this Agreement must be in writing. Such notice must be either hand -delivered or sent by U.S. certified or registered mail, postage prepaid, to the person designated to receive notice for the other Party below, or to such other address as either may designate by written notice. Notices delivered by hand shall be deemed effective when delivered. Notices delivered by mail shall be deemed effective when received, as acknowledged by the receipt of the certified or registered mailing. Applicant: (Name) (Title) (Address) (City, State, Zip) 7. NONWAIVER SCE: Business Customer Division Southern California Edison Company 2244 Walnut Grove Avenue Rosemead, CA 91770 The failure of either Party to enforce any of the terms and conditions or to exercise any right or privilege in this Agreement shall not be construed as a waiver of any such term and conditions or rights or privileges, and the same shall continue and remain enforce and effect as if no such failure to enforce or exercise had occurred. 8. SEVERABILITY In the event that any of the provisions, or portions thereof, of this Agreement are held to be unenforceable or invalid by the Commission, or any court of competent jurisdiction, the validity and enforceability of the remaining provisions or any portion thereof shall not be affected. 9. APPLICABLE LAWS, RULES, AND REGULATIONS This Agreement shall be subject to, and interpreted under the laws, rules, decisions and regulations of the State of California, without regard to its conflict of laws principles, the Commission, and SCE's Commission -approved tariffs. Form 14-965 06/2016 2 Page 106 SOUTHERN CALIFORNIA EDISON COMPANY SCHEDULE LS -1 OPTION E, ENERGY EFFICIENCY -LIGHT EMITTING DIODE (LED) FIXTURE REPLACEMENT RATE AGREEMENT 10. CALIFORNIA PUBLIC UTILITIES COMMISSION JURISDICTION 10.1 This is a filed form tariff agreement authorized by the Commission for use by SCE. No officer, inspector, solicitor, agent or employee of SCE has any authority to waive, alter, or amend any part of this Agreement except as provided herein or authorized by the Commission. This Agreement is to be used in conjunction with Schedule LS -1 and supplements the terms and conditions of the Applicant's electric service under Schedule LS -1. 10.2 This Agreement shall at all times be subject to such changes or modifications by the Commission as said Commission may, from time to time, direct in the exercise of its jurisdiction. 10.3 Notwithstanding any other provisions of this Agreement, SCE has the right to unilaterally file with the Commission, pursuant to the Commission's rules and regulations, an application for change in rates, charges, classification, service, or rule or any agreement relating thereto. 11. ENTIRE AGREEMENT This Agreement, including SCE's Commission -approved tariffs, constitutes the complete agreement and understanding between the Applicant and SCE regarding the LED Fixtures replacement costs. Prior agreements, representations, understandings, whether expressed or implied, and communications, oral or written, between the Applicant and SCE shall not be construed to be a part of this Agreement. 12. AUTHORIZATION SIGNATURE In witness whereof, the Parties hereto have caused this Agreement to be signed by their duly authorized representatives. APPLICANT BY: NAME: TITLE: DATE SIGNED: SOUTHERN CALIFORNIA EDISON COMPANY BY: NAME: TITLE: DATE SIGNED: Form 14-965 3 06/2016 Page 107 SOUTHERN CALIFORNIA EDISON COMPANY EXHIBIT "A" SCHEDULE LS -1 OPTION E, ENERGY EFFICIENCY -LIGHT EMITTING DIODE (LED) FIXTURE REPLACEMENT APPLICANT CUSTOMER ACCOUNT NO. SERVICE ACCOUNT NO. (Additional account numbers/addresses may be attached hereto.) SERVICE ADDRESS APPLICANT REQUESTED READY TO SERVE DATE SCE READY TO SERVE DATE DESCRIPTION OF LED FIXTURES/SCOPE OF WORK: SPECIFY HOW MANY STREET LIGHTING FIXTURE REPLACEMENTS ARE BEING REQUESTED AND AGREED TO UNDER THIS AGREEMENT AND OTHER RELEVANT DETAILS. W.O. No(s): Form 14-965 4 06/2016 Page 108 Southern California Edison LS -1 Option E Color Temperature Specification At present, Southern California Edison is using current generation General Electric (GE) Evolve LED street light fixtures for LED replacements under the LS -1 Option E program. GE LED fixtures allow for a choice between color temperatures of either 4000 Kelvin degrees (4000k) or 3000 Kelvin degrees (3000k) at the customer's discretion. Please check the box below and sign to signify your preference for either 3000k or 4000k color temperature lights. Thank you. 3000k color temperature lights are considered "warm white" and will have more yellow and amber tones that are consistent with today's existing High Pressure Sodium street lights. 4000k color temperature lights are between warm and cool on the spectrum and will provide a "whiter" appearing light without crossing into the bluer spectrum. Please check your choice of 3000k or 4000k 3000K 4000k Local Government or Customer: Printed Name of Authorized Signer: Signature: Date: Page 109 DATE: June 20, 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 Eduardo Diaz, Assistant Engineer SUBJECT: CONSIDERATION TO ACCEPT PUBLIC IMPROVEMENTS ON THE WEST SIDE OF PITTSBURGH AVENUE, NORTH OF 5TH STREET RELATED TO CASE NO. DRC2015-00402 AS COMPLETE, FILE THE NOTICE OF COMPLETION AND AUTHORIZE RELEASE OF BONDS. RECOMMENDATION: Staff recommends the City Council: 1. Approve and accept the public improvements required for the development of Case No. DRC2015- 00402 and authorize the City Engineer to file the appropriate Notice of Completion; 2. Release Faithful Performance Bond #4401699 and accept Maintenance Bond #4401699-M for the associated public improvements; and 3. Authorize the City Engineer to approve the release of the Maintenance Bond one year following the filing of the Notice of Completion if the improvements remain free from defects in material and workmanship. BACKGROUND: Case No. DRC2015-00402 was approved by the Planning Commission on March 9, 2016, for the construction of a 45,700 SF industrial building at 9408 Pittsburgh Avenue situated on the west side of Pittsburgh Avenue, north of 5th Street. This approval included conditions to construct certain public street improvements. ANALYSIS: All public improvements required of this development have been completed to the satisfaction of the City Engineer. The public improvements will be re -inspected in approximately nine months to ensure they remain in good order prior to release of the maintenance bond. Prior to construction of the public improvements the developer, Inland Empire Land Development, LLC, submitted Faithful Performance Bond No. 4401699 in the amount of $13,300 to ensure satisfactory completion of the improvements. With the completion of the improvements this bond is no longer required and the developer has submitted Maintenance Bond No. 4401699-M to secure maintenance of the improvements through the one-year warranty period. Page 110 FISCAL IMPACT: None. COUNCIL GOAL(S) ADDRESSED: Enhancing Premier Community Status through the construction of high quality public improvements associated with the development of Case No. DRC2015-00402. ATTACHMENTS: Description Attachment 1 - Vicinity Map Page 111 D RC2015-00402 Vicinity Map NORTH CUCAMONGA a HC: -TY �y n 4 S U ROCHESTER tu, st T 9 3 A SITE Costco wholesale Q a F -1h St CrossRoads Edwards Ontario Palace Q Hand Car Wash Target 0 22 IMAX & RPX v Citizens Business Q Ontario wis Q Dave Busters A $ Bank Arena ra a 'pa x dory �ncours st � � y y x wp Pkwy 0niarla ME o z 9W Inland Emplf2 FL"d uarsti Pd TA Ontario West Q Q Petro Stopping Center E Alrporl Dr E Airport ar x i a 3 3 a P Subaru of Scandia Ontario H n OREMOR N ATTACHMENT 1 Page 112 DATE: June 20, 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 Romeo M. David, Associate Engineer SUBJECT: CONSIDERATION OF A CONTRACT WITH R.J. NOBLE COMPANY IN AN AMOUNT OF $1,664,854, PLUS A 10% CONTINGENCY, AND A BUDGET TRANSFER IN THE AMOUNT OF $1,000,000 IN ROAD MAINTENANCE AND REHABILITATION ACCOUNT FUNDS FROM THE LOCAL STREETS PAVEMENT REHABILITATION AT VARIOUS LOCATIONS PROJECT TO THE FISCAL YEAR 2017/18 SB1 NON -LOCAL PAVEMENT REHABILITATION PROJECTS FOR JERSEY BOULEVARD AND 6TH STREET. RECOMMENDATION: Staff recommends the City Council: 1. Approve the plans and specifications for the Fiscal Year 2017/18 SB1 Non -Local Pavement Rehabilitation Projects for Jersey Boulevard and 6th Street on file with the City Engineer (Project); 2. Accept the bids received for the Project; 3. Award and authorize the execution of the contract in the amount of $1,664,854, to the lowest responsive bidder, R.J. Noble Company, for the base bid and 6th Street additive bid; 4. Authorize the expenditure of a 10% contingency in the amount of $166,485; 5. Authorize a Purchase Order in the amount of $38,400 to Onward Engineering for on-call construction inspection services; 6. Authorize a Purchase Order in the amount of $27,856 to Ninyo and Moore for soils and materials testing services; and 7. Authorize a Budget Transfer in the amount of $1,000,000 in Road Maintenance and Rehabilitation Account funds from the Local Street Pavement Rehabilitation at Various Locations project to the Project. BACKGROUND: Jersey Boulevard is classified as a local roadway which carries approximately 5,300 vehicles per day. Alternately, 6th Street is classified as a collector roadway that carries approximately 12,000 vehicles per day. Each of the roadway segments described below have deteriorated pavement to the extent requiring asphalt overlay resurfacing. Asphalt overlay will extend the life of the pavement and improve rideability. The Page 113 following limits have been identified to received asphalt overlay resurfacing: 1. Jersey Boulevard, between Haven Avenue and Rochester Avenue; and 2. 6th Street, between Milliken Avenue and Charles Smith Avenue A Vicinity Map illustrating the location of each project above is included as Attachment 1. ANALYSIS: The scope of work consists of cold milling, routing and crack sealing, asphalt rubber hot mix overlay, grinding and patching asphalt concrete, adjusting existing manholes and valves to new grade, video detection zone adjustment, handicap ramps, sidewalk repairs and pavement markers and striping. The additive bid, if awarded, would add skid resistant thermoplastic green bike lane markings at bicycle / vehicle conflict zones. The contract documents call for sixty (60) working days to complete this construction. The Notice Inviting Bids was released to the general contracting community and was published in the Daily Bulletin on May 15 and May 22, 2018. The City Clerk's Office facilitated the formal solicitation for bidding the project. On May 29, 2018, the City Clerk's Office received three construction bids. The Engineer's estimate totals in the amount of $1,658,469 for the base bid and 6th Street additive bid item. The apparent low bidder, R.J. Noble Company, submitted a bid in the amount of $1,664,854 for these items. A full bid summary is included as Attachment 2. Based on the most recent projections for Gas Tax Fund revenues, staff has recommended awarding the additive bid for the 6th Street green bike lanes only, providing a savings of $68,380 to the project and the Gas Tax Fund. The Engineering staff has reviewed all bids received and found all to be complete and in accordance with the bid requirements with any irregularities to be inconsequential. Staff has completed the required background investigation and finds the lowest responsive bidder R.J. Noble Company meet the requirements of the bid documents. ENVIRONMENTAL: Staff has determined that the project is Categorically Exempt per the California Environmental Quality Act (CEQA) Article 19. Categorical Exemptions. In Accordance with Section 15301 "Existing Facilities" subsection (c), Class 1 projects consist of minor alteration of existing public facilities, therefore, the Fiscal Year 2017/18 SB1 Non -Local Pavement Rehabilitation Projects for Jersey Boulevard and 6th Street are considered categorically exempt from CEQA. FISCAL IMPACT: Anticipated construction costs for this project are estimated to be as follows: Construction Contract $1,664,854 Construction Contract Contingency (10%) $166,485 Construction Inspection $38,400 Soils and Materials Testing $27,856 Estimated Construction Costs $1,897,595 An amount of $897,595 is available in Fiscal Year 2017/18 from the Gas Tax R&T7360 (Fund 174) Fund for this project. Atotal of $1,000,000 in Road Maintenance and Rehabilitation Account (RM RA) funds, better known as Page 114 SB1, was included in the Fiscal Year 2017/18 Budget for the Local Streets Pavement Rehabilitation at Various Locations Project. Following adoption of the Fiscal Year 2017/18 Budget, the California Transportation Commission (CTC) issued its guidelines for the SB1 program. In an effort to fully utilize these funds while maintaining compliance with the program requirements, staff submitted the 6th Street and Jersey Boulevard rehabilitation projects to the CTC in place of the local streets program. This changes requiresa transfer of the RMRA funds to accounts for this project. It should be noted that the City Council has awarded approximately $1.45 Million in construction contracts for the local streets program including street resurfacing and required ADA curb ramp construction through separate contracts in Fiscal Year 2017/18. Summaries of the recommended transfers and project funding are below: Transfer Summary: Account No. 11793035650/1022179-0 11793035650/1929179-0 11793035650/1930179-0 Project Funding Summary: Account No. 11743035650/1929174-0 11743035650/1930174-0 11793035650/1929179-0 11793035650/1930179-0 Funding RM RA Fund(179) RM RA Fund (179) RM RA Fund (179) Funding Gas Tax Fund (174) Gas Tax Fund (174) RM RA Fund (179) RM RA Fund (179) Description Amount Var. Local Street Rehab ($1,000,000) Jersey Boulevard Rehab $480,000 6th Street Rehab $520,000 Description Amount Jersey Boulevard Rehab $430,845 6th St Rehab $466,750 Jersey Boulevard Rehab $480,000 6th St Rehab $520,000 $1,897,595 COUNCIL GOAL(S) ADDRESSED: This project will restore the existing road surface to a substantially new condition, extending the pavement life, use and ridability, thus enhancing the City's position as the premier community in our region. ATTACHMENTS: Description Attachment 1 - Vicinity Map Attachment 2 - Bid Summary Page 115 PROJECT ATTACHMENT Page 116 VICINITY MAP - :. . -....CHO - �JPAVEMENT REHABILITATION PROJECTS ATTACHMENT Page 116 BID SUMMARY FOR BID OPENING MAY 29, 2018 FISCAL YEAR 2017/18 SBl NON -LOCAL PAVEMENT REHABILITATION PROJECTS FOR JERSEY BOULEVARD AND 6TH STREET UNIT COST AMOUNT ENGINEER'S ESTIMATE BID AMOUNT APPARENT LOW BIDDER R.J. NOBLE COMPANY JERSEY BOULEVARD BASE BID NO QTY UNIT DESCRIPTION 1 5,427 SF UNIT COST $ 25.00 $ 135,675.00 AMOUNT $ 68,380.20 UNIT COST $ BID AMOUNT 1 5,250 TONS 0.12' Asphalt Rubber Hot Mix Overlay (ARHM) $ 80.00 $ 420,000.00 $ 84.50 $ 443,625.00 2 13,750 SY Variable Cold Plane (0' - 0.12') per plan $ 2.50 $ 34,375.00 $ 1.78 $ 24,475.00 3 40,874 SF Grind and Patch (0.12' Cold Plane and 0.12' A.C. Overlay) per plan and detail on sheet 1 $ 2.00 $ 81,748.00 $ 1.15 $ 47,005.10 4 4,581 SF Construct PCC access ramps including sawcutting and removal of existing PCC $ 9.00 $ 41,229.00 $ 10.65 $ 48,787.65 5 1,972 LF I Construct 4" PCC sidewalk including sawcutting and removal of existing $ 9.00 $ 17,748.00 $ 8.60 $ 16,959.20 6 308 SF Construct PCC curb & gutter including removal of existing $ 45.00 $ 13,860.00 $ 91.30 $ 28,120.40 7 112 LF Constuct PCC spandrel including removal of exisitng $ 20.00 $ 2,240.00 $ 37.501$ 9 4,200.00 8 161 EA Construct retaining curb (varies 0" to 8") $ 30.00 $ 4,830.00 $ 71.751$ 20 11,551.75 9 1 TON PCC Patch with Expansion Joint $ 250.00 $ 250.00 $ 865.00 $ 865.00 10 15 TON A.C. pavement $ 200.00 $ 3,000.00 $ 103.00 $ 1,545.00 111 4 SF 6" Crushed Aggregate Base $ 85.00 $ 340.00 $ 110.00 $ 440.00 12 240 EA Construct Driveway Approach Per Plan and Per City Std. Dwg. 101 $ 12.00 $ 2,880.00 $ 16.65 $ 3,996.00 13 8 SF Adjust pull box cover to grade $ 500.00 $ 4,000.00 $ 1,315.00 $ 10,520.00 14 326 SF Install truncated dome $ 30.00 $ 9,780.00 $ 44.50 $ 14,507.00 15 21 LS Grind AC/PCC pavement $ 25.00 $ 525.00 $ 29.00 $ 609.00 16 1 EA Restore landscaping 8v irrigation including grading $ 2,000.00 $ 2,000.00 $ 9,125.00 $ 9,125.00 17 108 EA Adjust water valve, gas valve cover to grade $ 250.00 $ 27,000.00 $ 125.00 $ 13,500.00 18 46 EA Adjust manhole cover to grade $ 450.00 $ 20,700.00 $ 500.00 $ 23,000.00 19 18 LS Install traffic signs on existing post per plan and City Std. Dwg.401-13 Complete in Place $ 250.00 $ 4,500.00 $ 158.00 $ 2,844.00 20 1 LS Traffic Striping Per Plan Complete in Place (Excludes Green Preformed Thermoplastic) $109,325.00 $ 109,325.00 $ 22,000.00 $ 22,000.00 21 1 EA Traffic Control $ 30,000.00 $ 30,000.00 $ 62,000.00 $ 62,000.00 22 2 EA Install Advance Notification Sign $ 12000.00 $ 2,000.00 $ 795.00 $ 1,590.00 23 14 EA Install signs and post per plan and City Std. Dwg. 401-B $ 300.00 $ 4,200.00 $ 289.00 $ 4,046.00 24 2 EA Relocate existing sign post per plan and City Std. Dwg. 401-B $ 250.00 $ 500.001$ EA 155.001$ $100.00 310.00 25 11 EA Remove existing sign $ 250.001 $ 2,750.001$ Install Sign and Post Per Plan and City Std. Dwg. 401-B 15.751$ $ 173.25 JERSEY BLVD BASE BID SUB -TOTAL AMOUNT $ 839,780.00 $ 795,794.35 JERSEY BOULEVARD ADDITIVE BID UNIT COST AMOUNT UNIT COST BID AMOUNT NO OTY UNIT DESCRIPTION 1 5,427 SF FURNISH AND INSTALL GREEN PREFORMED THERMOPLASTIC PER ENNIS-FLINT, VIZIGRIP AND SLIP RESISTANT GREEN BIKE LANE $ 25.00 $ 135,675.00 $ 12.60 $ 68,380.20 JERSEY BLVD BASE BID+ADDITIVE BID TOTAL AMOUNT $ 975,455.00 $ 864,174.55 6TH STREET BASE BID NO QTY UNIT DESCRIPTION UNIT COST UNIT BID COST AMOUNT AMOUNT DESCRIPTION UNIT COST FURNISH AND INSTALL GREEN PREFORMED THERMOPLASTIC PER ENNIS-FLINT, VIZIGRIP AND SLIP RESISTANT GREEN BIKE LANE BID AMOUNT 1 40,926 SY 0.17" Cold Plane $2.00 $ 81,852.00 $ 2.05 $ 83,898.30 2 5,400 TON Overlay 0.17' ARHM-GG incl. crack seal and rock dust $80.00 $ 432,000.00 $ 84.50 $ 456,300.00 3 10 TON AC Pavement $200.00 $ 2,000.00 $ 128.00 $ 1,280.00 4 4,792 SF Transition Pavement AC Cold Mix including removal of transition $0.75 $ 3,594.00 $ 0.31 $ 1,485.52 5 21 EA JAdjust Manhole Cover $600.00 $ 12,600.00 $ 825.00 $ 17,325.00 6 3 EA Adjust traffic pull box $500.00 $ 1,500.00 $ 525.00 $ 1,575.00 7 46 EA Adjust Water Valve $250.00 $ 11,500.00 $ 125.00 $ 5,750.00 8 1 EA Adjust Sewer Cleanout $300.00 $ 300.00 $ 830.00 $ 830.00 9 1 EA Construct Catch Basin, W=7' $8,000.00 $ 8,000.00 $ 9,975.00 $ 9,975.00 10 20 LF Install 18" RCP , D2000 including Trench Repair and Concrete Backfill $300.00 $ 6,000.00 $ 525.00 $ 10,500.00 Ill 1 EA Construct Junction Structure No. 4 $4,500.00 $ 4,500.00 $ 5,250.00 $ 5,250.00 12 1 EA Construct Local Depression $1,800.00 $ 1,800.00 $ 2,625.00 $ 2,625.00 13 4,230 SF Construct PCC access ramps and Sidewalk including sawcutting and removal of existing PCC $9.00 $ 38,070.00 $ 11.35 $ 48,010.50 14 762 SF Construct 4" PCC sidewalk including sawcutting and removal of existing PCC $9.00 $ 6,858.00 $ 9.50 $ 7,239.00 15 227 SF Construct PCC curb and gutter including removal of existing $45.00 $ 10,215.00 $ 84.00 $ 19,068.00 161 32 LF 1 Cosntruct PCC spandrel including removal of exisitng $30.00 $ 960.00 $ 24.00 $ 768.00 17 38 SF Construct 8" PCC Curb including removal of existing $30.00 $ 1,140.00 $ 65.00 $ 2,470.00 18 38 LF Construct Paver to match existing including removal $25.00 $ 950.00 $ 13.40 $ 509.20 19 95 EA Construct retaining curb Varies 0" to 8" $30.00 $ 2,850.00 $ 36.60 $ 3,477.00 20 2 SF PCC Patch with Expansion Joint $200.00 $ 400.00 $ 975.00 $ 1,950.00 21 300 SF Install truncated dome $30.00 $ 9,000.00 $ 44.50 $ 13,350.00 22 338 EA Grind AC PCC pavement $20.00 $ 6,760.00 $ 29.00 $ 9,802.00 23 2 EA Install Concrete Traffic Signal Pull Box $500.00 $ 1,000.00 $ 685.00 $ 1,370.00 24 1 LS Install N40 Concrete Pull Box, Double Stack, inc. N40T Lid Marked RCMU $650.00 $ 650.00 $ 895.00 $ 895.00 25 1 LF Install landscaping including sod and restore irrigation system $3,000.00 $ 3,000.00 $ 9,125.00 $ 9,125.00 26 161 EA Install 4" Sch 80 PVC with mule tape, cap and sweeps affected by proposed improvements $40.00 $ 6,440.00 $ 110.00 $ 17,710.00 27 2 EA Install Type K Marker $100.00 $ 200.00 $ 53.00 $ 106.00 281 6 EA Install Sign and Post Per Plan and City Std. Dwg. 401-B $300.00 $ 1,800.00 $ 289.00 $ 1,734.00 29 4 LS Relocate Signs Per Plan $250.00 $ 1,000.00 $ 79.00 $ 316.00 30 1 LS Install Striping Per Plan Complete in Place Excludes Green Preformed Thermoplastic) $57,825.00 $ 57,825.00 $ 31,500.00 $ 31,500.00 31 1 EA Traffic Control $25,000.00 $ 25,000.00 $ 62,000.00 $ 62,000.00 32 2LS Advance Notification Si $1,000.00 $ 2,000.00 $ 795.00 $ 1,590.00 33 1 LS Remove and salvage existing sign and/or post 1 $250.001$ 250.00 1 $ 55.00 1 $ 55.00 41 181 EA I Install traffic signs on existing post per plan and City Std. Dwg. 401-B 1 $250.001$ 4,500.001$ 158.001$ 2,844.00 6TH STREET BASE BID SUB -TOTAL AMOUNT $ 746,51 $ 832 682.52 6TH STREET ADDITIVE BID UNIT COST AMOUNT UNIT BID COST AMOUNT NO OTY UNIT DESCRIPTION 1 2,887 SF FURNISH AND INSTALL GREEN PREFORMED THERMOPLASTIC PER ENNIS-FLINT, VIZIGRIP AND SLIP RESISTANT GREEN BIKE LANE $ 25.00 $ 72,175.00 $ 12.60 $ 36,376.20 6TH STREET BASE BID+ADDITIVE BID TOTAL AMOUNT JERSEY BLVD AND 6TH STREET TOTAL BASE BID AMOUNT JERSEY BLVD AND 6TH STREET TOTAL BASE BID + ADDITIVE BID AMOUNT $ 818,689.00 $ 1,586,294.00 $ 1,794,144.00 $ 869,058.72 $ 1,628,476.87 $ 1,733,233.27 Page 117 ATTACHMENT 2 BID SUMMARY FOR BID OPENING MAY 29, 2018 FISCAL YEAR 2017/18 SBI NON -LOCAL PAVEMENT REHABILITATION PROJECTS FOR JERSEY BOULEVARD AND 6TH STREET UNIT BID COST AMOUNT 2 ALL AMERICAN ASPHALT NO OTY 3 ACCESS PACIFIC, INC. JERSEY BOULEVARD BASE BID NO QTY UNIT DESCRIPTION 1 5,427 UNIT COST FURNISH AND INSTALL GREEN PREFORMED THERMOPLASTIC PER ENNIS-FLINT, VIZIGRIP AND SLIP RESISTANT GREEN BIKE LANE BID AMOUNT $ 17.00 $ 92,259.00 UNIT COST $ BID AMOUNT 1 5,250 TONS 0.12' Asphalt Rubber Hot Mix Overlay (ARHM) $ 83.50 $ 438,375.00 $ 98.00 $ 514,500.00 2 13,750 SY Variable Cold Plane (0' - 0.12') per plan $ 1.25 $ 17,187.50 $ 1.15 $ 15,812.50 3 40,874 SF Grind and Patch (0.12' Cold Plane and 0.12' A.C. Overlay) per plan and detail on sheet 1 $ 1.25 $ 51,092.50 $ 1.40 $ 57,223.60 4 4,581 SF Construct PCC access ramps including sawcutting and removal of existing PCC $ 13.50 $ 61,843.50 $ 15.00 $ 68,715.00 5 1,972 LF Construct 4" PCC sidewalk including sawcutting and removal of existing $ 8.50 $ 16,762.00 $ 15.00 $ 29,580.00 6 308 SF Construct PCC curb & gutter including removal of existing $ 45.00 $ 13,860.00 $ 58.00 $ 17,864.00 7 112 LF Constuct PCC spandrel including removal of exisitng $ 25.00 $ 2,800.00 $ 29.00 $ 3,248.00 8 161 EA Construct retaining curb (varies 0" to 8") $ 40.00 $ 6,440.00 $ 18.00 $ 2,898.00 9 1 TON I PCC Patch with Expansion Joint $ 1,000.00 $ 1,000.00 $ 2,200.00 $ 2,200.00 101 15 TON A.C. pavement $ 350.00 $ 5,250.00 $ 173.00 $ 2,595.00 11 4 SF 6" Crushed Aggregate Base $ 350.00 $ 1,400.00 $ 102.00 $ 408.00 12 240 EA Construct Driveway Approach Per Plan and Per City Std. Dwg. 101 $ 18.00 $ 4,320.00 $ 24.00 $ 5,760.00 13 8 SF Adjust pull box cover to grade $ 900.00 $ 7,200.00 $ 290.00 $ 2,320.00 14 326 SF Install truncated dome $ 45.00 $ 14,670.00 $ 44.00 $ 14,344.00 15 21 LS Grind AC/PCC pavement $ 18.00 $ 378.00 $ 22.00 $ 462.00 161 1 EA IRestore landscaping & irrigation including grading $ 10,000.00 $ 10,000.00 $ 43,500.00 $ 43,500.00 17 108 EA Adjust water valve, gas valve cover to grade $ 100.00 $ 10,800.00 $ 150.00 $ 16,200.00 18 46 EA Adjust manhole cover to grade $ 500.00 $ 23,000.00 $ 508.00 $ 23,368.00 19 18 LS Install traffic signs on existing post per plan and City Std. Dwg.401-B Complete in Place $ 175.00 $ 3,150.00 $ 190.00 $ 3,420.00 20 1 1 LS Traffic Striping Per Plan Complete in Place (Excludes Green Preformed Thermoplastic) ) $ 45,000.00 $ 45,000.00 $ 43,700.00 $ 43,700.00 21 1 EA Traffic Control $ 41,021.50 $ 41,021.50 $ 29,000.00 $ 29,000.00 22 2 EA Install Advance Notification Sign $ 1,500.00 $ 3,000.00 $ 508.00 $ 1,016.00 23 14 EA Install signs and post per plan and City Std. Dwg. 401-B $ 275.00 $ 3,850.00 $ 288.00 $ 4,032.00 24 2 EA Relocate existing sign post per plan and City Std. Dwg. 401-B $ 225.00 $ 450.00 $ 202.00 $ 404.00 25 l l EA I Remove existing sign $ 150.001$ $ 1,650.00 $ 144.001$ EA 1,584.00 CORRECTED JERSEY BLVD BASE BID SUB -TOTAL AMOUNT $ 784,500.00 $ 904,154.10 JERSEY BOULEVARD ADDITIVE BID UNIT BID COST AMOUNT UNIT BID COST AMOUNT NO OTY UNIT DESCRIPTION 1 5,427 SF FURNISH AND INSTALL GREEN PREFORMED THERMOPLASTIC PER ENNIS-FLINT, VIZIGRIP AND SLIP RESISTANT GREEN BIKE LANE $ 11.00 $ 59,697.00 $ 17.00 $ 92,259.00 CORRECTED JERSEY BLVD BASE BID+ADDITIVE BID TOTAL AMOUNT $ 844,197.00 $ 996,413.10 6TH STREET BASE BID NO QTY UNIT DESCRIPTION STREET ADDITIVE BID UNIT COST UNIT BID COST AMOUNT BID AMOUNT TY UNIT UNIT COST 1 BID AMOUNT 1 40,926 SY 0.17" Cold Plane $ 2.80 $ 114,592.80 $ 2.90 $ 118,685.40 2 5,400 TON Overlay 0.17' ARHM-GG incl. crack seal and rock dust $ 83.50 $ 450,900.00 $ 98.00 $ 529,200.00 3 10 TON AC Pavement $ 350.00 $ 3,500.00 $ 207.00 $ 2,070.00 4 4,792 SF Transition Pavement AC Cold Mix including removal of transition $ 5.00 $ 23,960.00 $ 6.001$ 28,752.00 5 21 EA Adjust Manhole Cover $ 500.00 $ 10,500.00 $ 508.00 $ 10,668.00 6 3 EA Adjust traffic pull box $ 900.00 $ 2,700.00 $ 508.00 $ 1,524.00 7 46 EA Adjust Water Valve $ 100.00 $ 4,600.00 $ 218.00 $ 10,028.00 8 1 EA Adjust Sewer Cleanout $ 500.00 $ 500.00 $ 363.00 $ 363.00 9 1 EA Construct Catch Basin, W=7' $ 9,000.00 $ 9,000.00 $ 5,100.00 $ 5,100.00 10 20 LF Install 18" RCP, D2000 including Trench Repair and Concrete Backfill $ 275.00 $ 5,500.00 $ 363.00 $ 7,260.00 111 1 EA Construct Junction Structure No. 4 $ 3,500.00 $ 3,500.00 $ 1,500.00 $ 1,500.00 12 1 EA Construct Local Depression $ 1,800.00 $ 1,800.00 $ 5,100.00 $ 5,100.00 13 4,230 SF Construct PCC access ramps and Sidewalk including sawcutting and removal of existing PCC $ 13.50 $ 57,105.00 $ 19.00 $ 80,370.00 14 762 SF Construct 4" PCC sidewalk including sawcutting and removal of existing PCC $ 8.50 $ 6,477.00 $ 14.00 $ 10,668.00 15 227 SF Construct PCC curb and gutter including removal of existing $ 45.00 $ 10,215.00 $ 58.00 $ 13,166.00 161 32 LF Cosntruct PCC spandrel including removal of exisitng $ 25.00 $ 800.00 $ 44.00 $ 1,408.00 17 38 SF Construct 8" PCC Curb including removal of existing $ 40.00 $ 1,520.00 $ 37.00 $ 1,406.00 18 38 LF Construct Paver to match existing including removal $ 45.00 $ 1,710.00 $ 59.00 $ 2,242.00 19 95 EA Construct retaining curb Varies 0" to 8" $ 40.00 $ 3,800.00 $ 21.00 $ 1,995.00 20 2 SF PCC Patch with Expansion Joint $ 1,000.00 $ 2,000.00 $ 725.00 $ 1,450.00 21 300 SF Install truncated dome $ 45.00 $ 13,500.00 $ 44.00 $ 13,200.00 221 338 EA Grind AC PCC pavement $ 18.00 $ 6,084.00 $ 15.00 $ 5,070.00 23 2 EA Install Concrete Traffic Signal Pull Box $ 900.00 $ 1,800.00 $ 943.00 $ 1,886.00 24 1 LS Install N40 Concrete Pull Box, Double Stack, inc. N40T Lid Marked RCMU $ 1,600.00 $ 1,600.00 $ 1,300.00 $ 1,300.00 25 1 LF Install landscaping including sod and restore irrigation system $ 10,000.00 $ 10,000.00 $ 11,000.00 $ 11,000.00 26 161 EA Install 4" Sch 80 PVC with mule tape, cap and sweeps affected by proposed improvements $ 115.00 $ 18,515.00 $ 59.00 $ 9,499.00 27 2 EA Install Type K Marker $ 100.00 $ 200.00 $ 75.00 $ 150.00 281 6 EA Install Sign and Post Per Plan and City Std. Dwg. 401-B $ 275.00 $ 1,650.00 $ 288.00 $ 1,728.00 29 4 LS Relocate Signs Per Plan $ 150.00 $ 600.00 $ 144.00 $ 576.00 30 1 LS Install Striping Per Plan Complete in Place Excludes Green Preformed Thermoplastic) $ 40,000.00 $ 40,000.00 $ 31,000.00 $ 31,000.00 31 1 EA Traffic Control $ 46,817.20 $ 46,817.20 $ 27,000.00 $ 27,000.00 32 21 LS Advance Notification Sin $ 1,500.00 $ 3,000.00 $ 675.001$ 1,350.00 33 11 LS Remove and salvage existing sign and/or post I $ 150.001 $ 150.001 $ 170.00 $ 170.00 34 18 EA Install traffic signs on existingpost per plan and Cit Std. Dwg. 401-B $ 175.00 $ 3,150.00 $ 225.00 $ 4,050.00 6TH STREET BASE BID SUB -TOTAL AMOUNT $ 861,7 $ 940 934.40 6TH STREET ADDITIVE BID UNIT BID COST AMOUNT UNIT BID COST AMOUNT NO TY UNIT DESCRIPTION 1 2,887 SF FURNISH AND INSTALL GREEN PREFORMED THERMOPLASTIC PER ENNIS-FLINT, VIZIGRIP AND SLIP RESISTANT GREEN BIKE LANE $ 11.00 $ 31,757.00 $ 17.001$ 49,079.00 6TH STREET BASE BID+ADDITIVE BID TOTAL AMOUNT JERSEY BLVD AND 6TH STREET TOTAL BASE BID AMOUNT JERSEY BLVD AND 6TH STREET TOTAL BASE BID + ADDITIVE BID AMOUNT $ 893,503.00 $ 1,646,246.00 $ 1,737,700.00 $ 990,013.40 $ 1,845,088.50 $ 1,986,426.50 2 Page 118 ATTACHMENT 2 DATE: June 20, 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 Curt Billings, Associate Engineer SUBJECT: CONSIDERATION OF A RESOLUTION TO RATIFY A BASELINE AGREEMENT WITH THE CALIFORNIA TRANSPORTATION COMMISSION; APPROVING A MASTER AGREEMENT AND PROGRAM SUPPLEMENT AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE ETIWANDA AVENUE GRADE SEPARATION PROJECT LOCATED BETWEEN WHITTRAM AVENUE AND NAPA STREET; AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPROVE AND EXECUTE PROJECT RELATED DOCUMENTS WITH THE CTC AND CALTRANS. RECOMMENDATION: Staff recommends the City Council adopt the attached resolution ratifying the Baseline Agreement with the California Transportation Commission (CTC); approving a Master Agreement and Program Supplement Agreement with the California Department of Transportation (Caltrans) in substantially the same form as attached for the Etiwanda Avenue Grade Separation Project located between Whittram Avenue and Napa Street; and authorizing the City Manager, or his designee, to approve and execute project related documents and agreements with the CTC and Caltrans. BACKGROUND: As identified in the City's General Plan, the Etiwanda Avenue Grade Separation Project will construct a bridge on Etiwanda Avenue over the Metrolink tracks south of Whittram Avenue separating the growing amount of train traffic from vehicle, bicycle, and pedestrian traffic. The project will improve safety, reduce delay, and provide improved air quality at this existing at -grade crossing. As a result of the adoption of the Road Repair and Accountability Act of 2017 (Senate Bill 1 or SB1), funding for the Trade Corridors Enhancement Program (TCEP) was greatly expanded allowing for construction of much needed projects like the Etiwanda Avenue Grade Separation Project. At its May 16, 2018 meeting, the California Transportation Commission awarded $60 Million in funding for all phases of the project through the TCEP program. ANALYSIS: One of the stated intents and requirements of SB1 is, "that the Department of Transportation and local governments are held accountable for the efficient investment of public funds to maintain the public highways, streets, and roads, and are accountable to the people through performance goals that are Page 119 tracked and reported." In order to fulfill this intent, the CTC approved Resolution G-18-09, the Accountability and Transparency Guidelines on March 21, 2018 with an amendment on May 16, 2018. Among the requirements in these guidelines is that the City execute a Baseline Agreement with the CTC that sets forth the proposed project scope, measurable expected performance benefits, delivery schedule, and project budget and funding plan. Caltrans will utilize the information included in this Baseline Agreement to monitor and ensure the City's satisfactory progress in meeting the project's goals and TCEP program requirements. Attached is a copy of the Baseline Agreement executed by the City Manager on June 7, 2018 (Attachment 2). While the City will act as the lead and implementing agency for all aspects of the Etiwanda Avenue Grade Separation Project, under the TCEP program Caltrans will serve as the Program Administrator Agency. Given these roles, Caltrans requires that the City execute a Master Agreement and Program Supplement Agreement for the project. The Master Agreement requires that the City comply with all Federal and State laws, regulations, policies and procedures relative to the design, right-of-way acquisition, environmental compliance, construction, and maintenance of the completed facility. The Program Supplement Agreement formalizes the financial responsibilities and any special provisions related to the project specific funding sources such as the TCEP program. The form of these agreements are attached for consideration (Attachments 3 and 4). As you are aware, the timelines required by the TCEP program require efficient progress during the design, right-of-way acquisition, and construction of project. To avoid delays and meet certain deadlines and project milestones, authorization for the City Manager or his designee to approve and execute project related documents and agreements with the CTC and Caltrans is necessary. The attached resolution would ratify the City Manager's execution of the Baseline Agreement with the CTC on June 7, 2018, approve the Master Agreement and Program Supplement Agreement with Caltrans in substantially the form attached to the satisfaction of the City Manager, and authorize the City Manager or his designee to approve and execute project related documents with the CTC and Caltrans. Environmental: The City Council determined that the Etiwanda Avenue Grade Separation Project was Statutorily Exempt from the California Environmental Quality Act per Section 21080.13 of the Public Resources Code on June 6, 2018. A Notice of Exemption was filed with the County Clerk of the County of San Bernardino. FISCAL IMPACT: The CTC's award for the project programmed funding for the various phases across Fiscal Years 2018/19 through 2022/23. Funding for the Environmental, Right of Way, and Design phases have been programmed in the amount of $7,850,000. Further, a total of $7,850,000 has been included in the draft Fiscal Year 2018/19 Budget in the SB -1 TCEP Fund (Fund 181), which is identified under the following Capital Improvement Project Account No: Account No. Funding Source Description Amount 11813035650/1922181-0 SB -1 TCEP Fund (181) Etiwanda Avenue Grade Separation Project $7,850,000 COUNCIL GOAL(S) ADDRESSED: The Etiwanda Grade Separation Improvement Project addresses the City Council's goal of improving public safety by replacing an at grade railroad crossing with a grade separated crossing, adding street lighting, reducing traffic congestion, improving air quality, and providing for improved mobility with the Page 120 addition of bike lanes and sidewalks. ATTACHMENTS: Description Attachment 1 - Vicinity Map Attachment 2 - Sample Baseline Agreement Attachment 3 - Sample Master Agreement Attachment 4 - Sample Program Supplement Agreement Attachment 5 - Resolution Page 121 VICINITY MAP ETIWANDA AVE. GRADE SEPARATION PROJECT Page 122 STATE OF CALIFORNIA - CALIFORNIA TRANSPORTATION COMMISSION CTC -0001 (NEW 05/2018) ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 PROJECT BASELINE AGREEMENT Resolution (will be completed by CTC) 1. FUNDING PROGRAM ❑ Active Transportation Program ❑ Local Partnership Program (Competitive) ❑ Solutions for Congested Corridors Program ❑ State Highway Operation and Protection Program ❑ Trade Corridor Enhancement Program 2. PARTIES AND DATE 2.1 This Project Baseline Agreement (Agreement) for the, Attachment A effective on, (will be completed by CTC), is made by and between the California Transportation Commission (Commission), the California Department of Transportation (Caltrans), the Project Applicant, Project Applicant Name and the Implementing Agency, Implementing Agency Name , sometimes collectively referred to as the "Parties". 3. RECITAL 3.2 Whereas at its Commission Programmed Project Date meeting the Commission approved the and included in this program of projects the , the parties are entering into this Project Baseline Agreement to document the project cost, schedule, scope and benefits, as detailed on the Project Programming Request Form attached hereto as Exhibit A and the Project Report attached hereto as Exhibit B. as the baseline for project monitoring by the Commission. 3.3 The undersigned Project Applicant certifies that the funding sources cited are committed and expected to be available; the estimated costs represent full project funding; and the scope and description of benefits is the best estimate possible. 4. GENERAL PROVISIONS The Project Applicant, Implementing Agency, and Caltrans agree to abide by the following provisions: 4.1 To meet the requirements of the Road Repair and Accountability Act of 2017 (Senate Bill [SB] 1, Chapter 5, Statutes of 2017) which provides the first significant, stable, and on-going increase in state transportation funding in more than two decades. 4.2 To adhere, as applicable, to the provisions of the Commission: ❑ Resolution Insert Number , "Adoption of Program of Projects for the Active Transportation Program", dated ❑ Resolution Insert Number , "Adoption of Program of Projects for the Local Partnership Program", dated ❑ Resolution Insert Number , "Adoption of Program of Projects for the Solutions for Congested Corridors Program", dated ❑ Resolution Insert Number , "Adoption of Program of Projects for the State Highway Operation and Protection Program", dated ❑ Resolution Insert Number , "Adoption of Program of Projects for the Trade Corridor Enhancement Program", dated Project Baseline Agreement Page 1 of 3 Page 123 4.3 All signatories agree to adhere to the Commission's Guidelines. Any conflict between the programs will be resolved at the discretion of the Commission. 4.4 All signatories agree to adhere to the Commission's SB 1 Accountability and Transparency Guidelines and policies, and program and project amendment processes. 4.5 The Agency(s) Name agrees to secure funds for any additional costs of the project. 4.6 The Agency(s) Name agrees to report to Caltrans on a quarterly basis; after July 2019, reports will be on a semi-annual basis on the progress made toward the implementation of the project, including scope, cost, schedule, outcomes, and anticipated benefits. 4.7 Caltrans agrees to prepare program progress reports on a quarterly basis; after July 2019, reports will be on a semi-annual basis and include information appropriate to assess the current state of the overall program and the current status of each project identified in the program report. 4.8 The Agency(s) Name agrees to submit a timely Completion Report and Final Delivery Report as specified in the Commission's SB I Accountability and Transparency Guidelines. 4.9 All signatories agree to maintain and make available to the Commission and/or its designated representative, all work related documents, including without limitation engineering, financial and other data, and methodologies and assumptions used in the determination of project benefits during the course of the project, and retain those records for four years from the date of the final closeout of the project. Financial records will be maintained in accordance with Generally Accepted Accounting Principles. 4.10 The Transportation Inspector General of the Independent Office of Audits and Investigations has the right to audit the project records, including technical and financial data, of the Department of Transportation, the Project Applicant, the Implementing Agency, and any consultant or sub -consultants at any time during the course of the project and for four years from the date of the final closeout of the project, therefore all project records shall be maintained and made available at the time of request. Audits will be conducted in accordance with Generally Accepted Government Auditing Standards. 5. SPECIFIC PROVISIONS AND CONDITIONS 5.1 Project Schedule and Cost See Project Programming Request Form, attached as Exhibit A. 5.2 Project Scope See Project Report or equivalent, attached as Exhibit B. At a minimum, the attachment shall include the cover page, evidence of approval, executive summary, and a link to or electronic copy of the full document. 5.3 Other Project Specific Provisions and Conditions Attachments: Exhibit A: Project Programming Request Form Exhibit B: Project Report Project Baseline Agreement Page 2 of 3 Page 124 SIGNATURE PAGE TO PROJECT BASELINE AGREEMENT Resolution Project Applicant Implementing Agency District Director California Department of Transportation Laurie Berman Director California Department of Transportation Susan Bransen Executive Director California Transportation Commission Date Date Date Date Date Project Baseline Agreement Page 3 of 3 Page 125 Local Assistance Procedures Manual Exhibit 4-C Master Agreement MASTER AGREEMENT ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS (District/Agency Name) District Administering Agency Agreement No. This AGREEMENT, is entered into effective this day of , 20 , by and between Humboldt County, hereinafter referred to as "ADMINISTERING AGENCY," and the State of California, acting by and through its Department of Transportation (Caltrans), hereinafter referred to as "STATE", and together referred to as "PARTIES" or individually as a "PARTY." 19:14111h11CIS 1. WHEREAS, the Congress of the United States has enacted the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991 and subsequent Transportation Authorization Bills to fund transportation programs; and 2. WHEREAS, the Legislature of the State of California has enacted legislation by which certain federal -aid funds may be made available for use on local transportation related projects of public entities qualified to act as recipients of these federal -aid funds in accordance with the intent of federal law; and 3. WHEREAS, before federal funds will be made available for a specific program project, ADMINISTERING AGENCY and STATE are required to enter into an agreement to establish terms and conditions applicable to the ADMINISTERING AGENCY when receiving federal funds for a designated PROJECT facility and to the subsequent operation and maintenance of that completed facility. NOW, THEREFORE, the PARTIES agree as follows: Page 1 of 23 March 7, 2016 Page 126 Local Assistance Procedures Manual Exhibit 4-C Master Agreement ARTICLE I - PROJECT ADMINISTRATION This AGREEMENT shall have no force or effect with respect to any program project unless and until a project specific "Authorization/Agreement Summary ", herein referred to as "E-76" document, is approved by STATE and the Federal Highway Administration (FHWA). 2. The term "PROJECT", as used herein, means that authorized transportation related project and related activities financed in part with federal -aid funds as more fully -described in an "Authorization/ Agreement Summary" or "Amendment/Modification Summary", herein referred to as "E-76" or "E-76 (AMOD)" document authorized by STATE and the Federal Highway Administration (FHWA). 3. The E -76/E-76 (AMOD) shall designate the party responsible for implementing PROJECT, type of work and location of PROJECT. 4. The PROGRAM SUPPLEMENT sets out special covenants as a condition for the ADMINISTERING AGENCY to receive federal -aid funds from/through STATE for designated PROJECT. The PROGRAM SUPPLEMENT shall also show these federal funds that have been initially encumbered for PROJECT along with the matching funds to be provided by ADMINISTERING AGENCY and/or others. Execution of PROGRAM SUPPLEMENT by the PARTIES shall cause ADMINISTERING AGENCY to adopt all of the terms of this AGREEMENT as though fully set forth therein in the PROGRAM SUPPLEMENT. Unless otherwise expressly delegated in a resolution by the governing body of ADMINISTERING AGENCY, and with written concurrence by STATE, the PROGRAM SUPPLEMENT shall be approved and managed by the governing body of ADMINISTERING AGENCY. 5. ADMINISTERING AGENCY agrees to execute and return each project -specific PROGRAM SUPPLEMENT within ninety (90) days of receipt. The PARTIES agree that STATE may suspend future authorizations/obligations and invoice payments for any on-going or future federal -aid project performed by ADMINISTERING AGENCY if any project -specific PROGRAM SUPPLEMENT is not returned within that ninety (90) day period unless otherwise agreed by STATE in writing. 6. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of federal funds encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, to comply with the terms and conditions of this AGREEMENT and all of the agreed-upon Special Covenants or Remarks incorporated within the PROGRAM SUPPLEMENT, and Cooperative/Contribution Agreement where appropriate, defining and identifying the nature of the specific PROJECT. 7. Federal, state and matching funds will not participate in PROJECT work performed in advance of the approval of the E-76 or E-76 (AMOD), unless otherwise stated in the executed project- specific PROGRAM SUPPLEMENT. ADMINISTERING AGENCY agrees that it will only proceed with the work authorized for that specific phase(s) on the project -specific E-76 or E-76 (AMOD). ADMINISTERING AGENCY further agrees to not proceed with future phases of PROJECT prior to receiving an E-76 (AMOD) from STATE for that phase(s) unless no further federal funds are needed or for those future phase(s). Page 2 of 23 March 7, 2016 Page 127 Local Assistance Procedures Manual Exhibit 4-C Master Agreement 8. That PROJECT or portions thereof, must be included in a federally approved Federal Statewide Transportation Improvement Program (FSTIP) prior to ADMINISTERING AGENCY submitting the "Request for Authorization". 9. ADMINISTERING AGENCY shall conform to all state statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES") relating to the federal -aid program, all Title 23 Code of Federal Regulation (CFR) and 2 CFR part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project - specific PROGRAM SUPPLEMENT. 10. If PROJECT is not on State-owned right of way, PROJECT shall be constructed in accordance with LOCAL ASSISTANCE PROCEDURES that describes minimum statewide design standards for local agency streets and roads. LOCAL ASSISTANCE PROCEDURES for projects off the National Highway System (NHS) allow STATE to accept either the STATE's minimum statewide design standards or the approved geometric design standards of ADMINISTERING AGENCY. Additionally, for projects off the NHS, STATE will accept ADMINISTERING AGENCY- approved standard specifications, standard plans, materials sampling and testing quality assurance programs that meet the conditions described in the then current LOCAL ASSISTANCE PROCEDURES 11. If PROJECT involves work within or partially within State-owned right-of-way, that PROJECT shall also be subject to compliance with the policies, procedures and standards of the STATE Project Development Procedures Manual and Highway Design Manual and, where appropriate, an executed Cooperative Agreement between STATE and ADMINISTERING AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES. ADMINISTERING AGENCY and its contractors shall each obtain an encroachment permit through STATE prior to commencing any work within STATE rights of way or work which affects STATE facilities. 12. When PROJECT is not on the State Highway System but includes work to be performed by a railroad, the contract for such work shall be prepared by ADMINISTERING AGENCY or by STATE, as the PARTIES may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an agreement with the railroad providing for future maintenance of protective devices or other facilities installed under the contract. 13. If PROJECT is using STATE funds, the Department of General Services, Division of the State Architect, or its designee, shall review the contract PS&E for the construction of buildings, structures, sidewalks, curbs and related facilities for accessibility and usability. ADMINISTERING AGENCY shall not award a PROJECT construction contract for these types of improvements until the State Architect has issued written approval stating that the PROJECT plans and specifications comply with the provisions of sections 4450 and 4454 of the California Government Code, if applicable. Further requirements and guidance are provided in Title 24 of the California Code of Regulations. 14. ADMINISTERING AGENCY will advertise, award and administer PROJECT in accordance with the current LOCAL ASSISTANCE PROCEDURES unless otherwise stated in the executed project -specific PROGRAM SUPPLEMENT. Page 3 of 23 March 7, 2016 Page 128 Local Assistance Procedures Manual Exhibit 4-C Master Agreement 15. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and inspection of each PROJECT. While consultants may perform supervision and inspection work for PROJECT with a fully qualified and licensed engineer, ADMINISTERING AGENCY shall provide a full-time employee to be in responsible charge of each PROJECT who is not a consultant. 16. ADMINISTERING AGENCY shall submit PROJECT -specific contract award documents to STATE's District Local Assistance Engineer within sixty (60) days after contract award. A copy of the award documents shall also be included with the submittal of the first invoice for a construction contract by ADMINISTERING AGENCY. 17. ADMINISTERING AGENCY shall submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure by ADMINISTERING AGENCY to submit a "Report of Expenditures" within one hundred eighty(180) days of project completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LOCAL ASSISTANCE PROCEDURES 18. ADMINISTERING AGENCY shall comply with: (i) section 504 of the Rehabilitation Act of 1973 which prohibits discrimination on the basis of disability in federally assisted programs; (ii) the Americans with Disabilities Act (ADA) of 1990 which prohibits discrimination on the basis of disability irrespective of funding; and (iii) all applicable regulations and guidelines issued pursuant to both the Rehabilitation Act and the ADA. 19. The Congress of the United States, the Legislature of the State of California and the Governor of the State of California, each within their respective jurisdictions, have prescribed certain nondiscrimination requirements with respect to contract and other work financed with public funds. ADMINISTERING AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM (Exhibit -A) attached hereto) and the NONDISCRIMINATION ASSURANCES (Exhibit B attached here to). ADMINISTERING AGENCY further agrees that any agreement entered into by ADMINISTERING AGENCY with a third party for performance of PROJECT -related work shall incorporate Exhibits A and B (with third party's name replacing ADMINISTERING AGENCY) as essential parts of such agreement to be enforced by that third party as verified by ADMINISTERING AGENCY ARTICLE II - RIGHTS OF WAY 1. No contract for the construction of a federal -aid PROJECT shall be awarded until all necessary rights of way have been secured. Prior to the advertising for construction of PROJECT, ADMINISTERING AGENCY shall certify and, upon request, shall furnish STATE with evidence that all necessary rights of way are available for construction purposes or will be available by the time of award of the construction contract. 2. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability that may result in the event the right of way for a PROJECT, including, but not limited to, being clear as certified or if said right of way is found to contain hazardous materials requiring treatment or removal to remediate in accordance with Federal and State laws. The furnishing of right of way as provided for herein includes, in addition to all real property required for the PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law, of relocation costs and damages to remainder real property not actually taken but injuriously affected by Page 4 of 23 March 7, 2016 Page 129 Local Assistance Procedures Manual Exhibit 4-C Master Agreement PROJECT. ADMINISTERING AGENCY shall pay, from its own non- matching funds, any costs which arise out of delays to the construction of PROJECT because utility facilities have not been timely removed or relocated, or because rights of way were not available to ADMINISTERING AGENCY for the orderly prosecution of PROJECT work. 3. Subject to STATE approval and such supervision as is required by LOCAL ASSISTANCE PROCEDURES over ADMINISTERING AGENCY's right of way acquisition procedures, ADMINISTERING AGENCY may claim reimbursement from federal funds for expenditures incurred in purchasing only the necessary rights of way needed for the PROJECT after crediting PROJECT with the fair market value of any excess property retained and not disposed of by ADMINISTERING AGENCY. 4. When real property rights are to be acquired by ADMINISTERING AGENCY for a PROJECT, said ADMINISTERING AGENCY must carry out that acquisition in compliance with all applicable State and Federal laws and regulations, in accordance with State procedures as published in State's current LOCAL ASSISTANCE PROCEDURES and STATE's Right -of -Way Manual, subject to STATE oversight to ensure that the completed work is acceptable under the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 5. Whether or not federal -aid is to be requested for right of way, should ADMINISTERING AGENCY, in acquiring right of way for PROJECT, displace an individual, family, business, farm operation, or non- profit organization, relocation payments and services will be provided as set forth in 49 CFR, Part 24. The public will be adequately informed of the relocation payments and services which will be available, and, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from his/her dwelling or to move his/her business or farm operation without at least ninety (90) days written notice from ADMINISTERING AGENCY. ADMINISTERING AGENCY will provide STATE with specific assurances, on each portion of the PROJECT, that no person will be displaced until comparable decent, safe and sanitary replacement housing is available within a reasonable period of time prior to displacement, and that ADMINISTERING AGENCY's relocation program is realistic and adequate to provide orderly, timely and efficient relocation of PROJECT -displaced persons as provided in 49 CFR, Part 24. 6. ADMINISTERING AGENCY shall, along with recording the deed or instrument evidencing title in the name of the ADMINISTERING AGENCY or their assignee, also record an Agreement Declaring Restrictive Covenants (ADRC) as a separate document incorporating the assurances included within Exhibits A and B and Appendices A, B, C and D of this AGREEMENT, as appropriate. ARTICLE III - MAINTENANCE AND MANAGEMENT 1. ADMINISTERING AGENCY will maintain and operate the property acquired, developed, constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the PROJECT property may transfer this obligation and responsibility to maintain and operate PROJECT property for that intended public purpose to another public entity. 2. Upon ADMINISTERING AGENCY's acceptance of the completed federal -aid construction contract or upon contractor being relieved of the responsibility for maintaining and protecting PROJECT, Page 5 of 23 March 7, 2016 Page 130 Local Assistance Procedures Manual Exhibit 4-C Master Agreement ADMINISTERING AGENCY will be responsible for the maintenance, ownership, liability, and the expense thereof, for PROJECT in a manner satisfactory to the authorized representatives of STATE and FHWA and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the duty of ADMINISTERING AGENCY to facilitate a separate maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies providing for the operation, maintenance, ownership and liability of PROJECT. Until those agreements are executed, ADMINISTERING AGENCY will be responsible for all PROJECT operations, maintenance, ownership and liability in a manner satisfactory to the authorized representatives of STATE and FHWA. If, within ninety (90) days after receipt of notice from STATE that a PROJECT, or any portion thereof, is not being properly operated and maintained and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the approval of future federal -aid projects of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition of operation and maintenance satisfactory to STATE and FHWA. The provisions of this section shall not apply to a PROJECT that has been vacated through due process of law with STATE's concurrence. PROJECT and its facilities shall be maintained by an adequate and well-trained staff of engineers and/or such other professionals and technicians as PROJECT reasonably requires. Said operations and maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under agreement with ADMINISTERING AGENCY. All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements. ARTICLE IV - FISCAL PROVISIONS All contractual obligations of STATE are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission (CTC). 2. STATE'S financial commitment of federal funds will occur only upon the execution of this AGREEMENT, the authorization of the project -specific E-76 or E-76 (AMOD), the execution of each project -specific PROGRAM SUPPLEMENT, and STATE's approved finance letter. ADMINISTERING AGENCY may submit signed invoices in arrears for reimbursement of participating PROJECT costs on a regular basis once the project -specific PROGRAM SUPPLEMENT has been executed by STATE. 4. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six (6) months commencing after the funds are encumbered on either the project -specific PROGRAM SUPPLEMENT or through a project -specific finance letter approved by STATE. STATE reserves the right to suspend future authorizations/obligations, and invoice payments for any on-going or future federal -aid project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six (6) month period. Invoices shall be submitted on ADMINISTERING AGENCY letterhead that includes the address of ADMINISTERING AGENCY and shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES. ADMINISTERING AGENCY must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Page 6 of 23 March 7, 2016 Page 131 Local Assistance Procedures Manual Exhibit 4-C Master Agreement Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs. Payments to ADMINISTERING AGENCY can only be released by STATE as reimbursement of actual allowable PROJECT costs already incurred and paid for by ADMINISTERING AGENCY. Indirect Cost Allocation Plans/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE (Caltrans Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement. ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures established by STATE. Once PROJECT has been awarded, STATE reserves the right to de -obligate any excess federal funds from the construction phase of PROJECT if the contract award amount is less than the obligated amount, as shown on the PROJECT E-76 or E-76 (AMOD). 10. STATE will withhold the greater of either two (2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT. 11. The estimated total cost of PROJECT, the amount of federal funds obligated, and the required matching funds may be adjusted by mutual consent of the PARTIES hereto with a finance letter, a detailed estimate, if required, and approved E-76 (AMOD). Federal -aid funding may be increased to cover PROJECT cost increases only if such funds are available and FHWA concurs with that increase. 12. When additional federal -aid funds are not available, ADMINISTERING AGENCY agrees that the payment of federal funds will be limited to the amounts authorized on the PROJECT specific E-76 / E- 76 (AMOD) and agrees that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY's own funds. 13. ADMINISTERING AGENCY shall use its own non-federal funds to finance the local share of eligible costs and all expenditures or contract items ruled ineligible for financing with federal funds. STATE shall make the determination of ADMINISTERING AGENCY's cost eligibility for federal fund financing of PROJECT costs. 14. ADMINISTERING AGENCY will reimburse STATE for STATE's share of costs for work performed by STATE at the request of ADMINISTERING AGENCY. STATE's costs shall include overhead assessments in accordance with section 8755.1 of the State Administrative Manual. 15. Federal and state funds allocated from the State Transportation Improvement Program (STIP) are subject to the timely use of funds provisions enacted by Senate Bill 45, approved in 1997, and subsequent STIP Guidelines and State procedures approved by the CTC and STATE. 16. Federal funds encumbered for PROJECT are available for liquidation for a period of six (6) years from the beginning of the State fiscal year the funds were appropriated in the State Budget. State funds encumbered for PROJECT are available for liquidation only for six (6) years from the beginning of the State fiscal year the funds were appropriated in the State Budget. Federal or state funds not liquidated Page 7 of 23 March 7, 2016 Page 132 Local Assistance Procedures Manual Exhibit 4-C Master Agreement within these periods will be reverted unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance (per Government Code section 16304). The exact date of fund reversion will be reflected in the STATE signed finance letter for PROJECT. 17. Payments to ADMINISTERING AGENCY for PROJECT -related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice. 18. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards. 19. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allow ability of individual PROJECT cost items. 20. Every sub -recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non -A&E services), and other applicable STATE and FEDERAL regulations. 21. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE. 22. Should ADMINISTERING AGENCY fail to refund any moneys due upon written demand by STATE as provided hereunder or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT without adequate justification and approval by STATE, then, within thirty 30 days of demand, or within such other period as may be agreed to in writing between the PARTIES, STATE, acting through the State Controller, the State Treasurer, or any other public entity or agency, may withhold or demand a transfer of an amount equal to the amount paid by or owed to STATE from future apportionments, Or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other sources of funds, and/or may withhold approval of future ADMINISTERING AGENCY federal -aid projects. 23. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is constituted as a joint powers authority, special district, or any other public entity not directly receiving funds through the State Controller, STATE is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, pursuant to Article IV - 22, from those constituent entities comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by STATE hereunder. Page 8 of 23 March 7, 2016 Page 133 Local Assistance Procedures Manual Exhibit 4-C Master Agreement 24. ADMINISTERING AGENCY acknowledges that the signatory party represents the ADMINISTERING AGENCY and further warrants that there is nothing within a Joint Powers Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict or otherwise limit STATE's ability to recover State funds improperly spent by ADMINISTERING AGENCY in contravention of the terms of this AGREEMENT ARTICLE V AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS 1. STATE reserves the right to conduct technical and financial audits of PROJECT work and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three (3) of ARTICLE V. 2. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices sent to or paid by STATE. 3. ADMINISTERING AGENCY, ADMINISTERING AGENCY's contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT and contract materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of submission of the final expenditure report by the STATE to the FHWA. 4. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal year. The Federal Funds received under a PROGRAM SUPPLEMENT are a part of the Catalogue of Federal Domestic Assistance (CFDA) 20.205. 5. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with 2 CFR, Part 200. 6. ADMINISTERING AGENCY shall not award a non -A&E contract over $5,000, construction contract over $10,000, or other contracts over $25,000 (excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f)) on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds. Page 9 of 23 March 7, 2016 Page 134 Local Assistance Procedures Manual Exhibit 4-C Master Agreement Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions 5, 6, 17, 19 and 20 of ARTICLE IV, FISCAL PROVISIONS, and provisions 1, 2, and 3 of this ARTICLE V, AUDITS, THIRD -PARTY CONTRACTING RECORDS RETENTION AND REPORTS, To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE IV in the same manner as required of all other PROJECT expenditures. In addition to the above, the pre -award requirements of third -party contractor/consultants with ADMINISTERING AGENCY should be consistent with the LOCAL ASSISTANCE PROCEDURES. ARTICLE VI - FEDERAL LOBBYING ACTIVITIES CERTIFICATION By execution of this AGREEMENT, ADMINISTERING AGENCY certifies, to the best of the signatory officer's knowledge and belief, that: a. No federal or state appropriated funds have been paid or will be paid, by or on behalf of ADMINISTERING AGENCY, to any person for influencing or attempting to influence an officer or employee of any STATE or federal agency, a member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding of any STATE or federal contract, including this AGREEMENT, the making of any STATE or federal loan, the entering into of any cooperative contract, and the extension, continuation, renewal, amendment, or modification of any STATE or federal contract, grant, loan, or cooperative contract. b. If any funds other than federal appropriated funds have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with this AGREEMENT, grant, local, or cooperative contract, ADMINISTERING AGENCY shall complete and submit Standard Form -LLL, "Disclosure Form to Rep Lobbying," in accordance with the form instructions. C. This certification is a material representation of fact upon which reliance was placed when this AGREEMENT and each PROGRAM SUPPLEMENT was or will be made or entered into. Submission of this certification is a prerequisite for making or entering into this AGREEMENT imposed by Section 1352, Title 31, United States Code. Any party who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 2. ADMINISTERING AGENCY also agrees by signing this AGREEMENT that the language of this certification will be included in all lower tier sub -agreements which exceed $100,000 and that all such sub -recipients shall certify and disclose accordingly. ARTICLE VII - MISCELLANEOUS PROVISIONS ADMINISTERING AGENCY agrees to use all state funds reimbursed hereunder only for transportation purposes that are in conformance with Article XIX of the California State Constitution and the relevant Federal Regulations. Page 10 of 23 March 7, 2016 Page 135 Local Assistance Procedures Manual Exhibit 4-C Master Agreement 2. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or funding of this AGREEMENT in any manner. 3. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY, when engaged in the performance of this AGREEMENT, shall act in an independent capacity and not as officers, employees or agents of STATE or the federal government. 4. Each project -specific E-76 or E-76 (AMOD), PROGRAM SUPPLEMENT and Finance Letter shall separately establish the terms and funding limits for each described PROJECT funded under the AGREEMENT. No federal or state funds are obligated against this AGREEMENT. 5. ADMINISTERING AGENCY certifies that neither ADMINISTERING AGENCY nor its principals are suspended or debarred at the time of the execution of this AGREEMENT. ADMINISTERING AGENCY agrees that it will notify STATE immediately in the event a suspension or a debarment occurs after the execution of this AGREEMENT. 6. ADMINISTERING AGENCY certifies, by execution of this AGREEMENT, that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay only for the value of the work actually performed, or in STATE's discretion, to deduct from the price of consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 7. In accordance with Public Contract Code section 10296, ADMINISTERING AGENCY hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against ADMINISTERING AGENCY within the immediate preceding two (2) year period because of ADMINISTERING AGENCY's failure to comply with an order of a federal court that orders ADMINISTERING AGENCY to comply with an order of the National Labor Relations Board. 8. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with STATE, FHWA or Federal Transit Administration (FTA) that may have an impact upon the outcome of this AGREEMENT. ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in the outcome of this AGREEMENT. 9. ADMINISTERING AGENCY hereby certifies that it does not have nor shall it acquire any financial or business interest that would conflict with the performance of PROJECT under this AGREEMENT.ADMINISTERING AGENCY certifies that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE employee. For breach or violation of this warranty, STATE shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the work actually performed, or to deduct from the PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration. 10. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by the STATE's Contract Officer who may consider any written or verbal Page 11 of 23 March 7, 2016 Page 136 Local Assistance Procedures Manual Exhibit 4-C Master Agreement evidence submitted by ADMINISTERING AGENCY. The decision of the Contract Officer, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact considered and determined by the Contract Officer. 11. Neither the pending of a dispute nor its consideration by the Contract Officer will excuse ADMINISTERING AGENCY from full and timely performance in accordance with the terms of this AGREEMENT. 12. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, under or in connection with any work, authority or jurisdiction arising under this AGREEMENT. It is understood and agreed that STATE shall fully defend, indemnify and save harmless the ADMINISTERING AGENCY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this AGREEMENT. 13. Neither STATE nor any officer or employee thereof shall be responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under, or in connection with, any work, authority or jurisdiction arising under this AGREEMENT. It is understood and agreed that ADMINISTERING AGENCY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under this AGREEMENT. 14. STATE reserves the right to terminate funding for any PROJECT upon written notice to ADMINISTERING AGENCY in the event that ADMINISTERING AGENCY fails to proceed with PROJECT work in accordance with the project -specific PROGRAM SUPPLEMENT, the bonding requirements if applicable, or otherwise violates the conditions of this AGREEMENT and/or PROGRAM SUPPLEMENT, or the funding allocation such that substantial performance is significantly endangered. 15. No termination shall become effective if, within thirty (30) days after receipt of a Notice of Termination, ADMINISTERING AGENCY either cures the default involved or, if not reasonably susceptible of cure within said thirty (30) day period, ADMINISTERING AGENCY proceeds thereafter to complete the cure in a manner and time line acceptable to STATE. Any such termination shall be accomplished by delivery to ADMINISTERING AGENCY of a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt, specifying the reason for the termination, the extent to which funding of work under this AGREEMENT is terminated and the date upon which such termination becomes effective, if beyond thirty (30) days after receipt. During the period before the effective termination date, ADMINISTERING AGENCY and STATE shall meet to attempt to resolve any dispute. In the event of such termination, STATE may proceed with the PROJECT work in a manner deemed proper by STATE. If STATE terminates funding for PROJECT with ADMINISTERING AGENCY, STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY under the PROGRAM SUPPLEMENT and/or STATE approved finance letter prior to termination, provided, however, ADMINISTERING AGENCY is not in default of the terms and conditions of this AGREEMENT or the project -specific PROGRAM SUPPLEMENT and that the cost of PROJECT Page 12 of 23 March 7, 2016 Page 137 Local Assistance Procedures Manual Exhibit 4-C Master Agreement completion to STATE shall first be deducted from any sum due ADMINISTERING AGENCY. 16. In case of inconsistency or conflicts with the terms of this AGREEMENT and that of a project- specific PROGRAM SUPPLEMENT, the terms stated in that PROGRAM SUPPLEMENT shall prevail over those in this AGREEMENT. 17. Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY either in whole or in part. 18. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES. IN WITNESS WHEREOF, the PARTIES have executed this AGREEMENT by their duly authorized officers. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION :A Chief, Office of Project Implementation Division of Local Assistance Date ADMINISTERING AGENCY NAME 0 Representative Name & Title (Authorized Governing Body Representative) Date Page 13 of 23 March 7, 2016 Page 138 Local Assistance Procedures Manual EXHIBIT A FAIR EMPLOYMENT PRACTICES ADDENDUM Exhibit 4-C Master Agreement In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against any employee for employment because of race, color, sex, sexual orientation, religion, ancestry or national origin, physical disability, medical condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or disability leave. ADMINISTERING AGENCY will take affirmative action to ensure that employees are treated during employment without regard to their race, sex, sexual orientation, color, religion, ancestry, or national origin, physical disability, medical condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or disability leave. Such action shall include, but not be limited to, the following: employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. ADMINISTERING AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment section. 2. ADMINISTERING AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 1290-0 et seq.), and the applicable regulations promulgated thereunder (California code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900(a -f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of the ADMINISTERING AGENCY'S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT. 4. ADMINISTERING AGENCY will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement. Remedies for Willful Violation: (a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that ADMINISTERING AGENCY has violated the Fair Employment Practices Act and had issued an order under Labor Code Section 1426 which has become final or has obtained an injunction under Labor Code Section 1429. Page 14 of 23 March 7, 2016 Page 139 Local Assistance Procedures Manual Exhibit 4-C Master Agreement (b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to ADMINISTERING AGENCY, the difference between the price named in the Agreement and the actual cost thereof to STATE to cure ADMINISTERING AGENCY's breach of this Agreement. Page 15 of 23 March 7, 2016 Page 140 Local Assistance Procedures Manual Exhibit 4-C Master Agreement EXHIBIT B NONDISCRIMINATION ASSURANCES ADMINISTERING AGENCY HEREBY AGREES THAT, as a condition to receiving any federal financial assistance from the STATE, acting for the U.S. Department of Transportation, it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4 (hereinafter referred to as the ACT), and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, "Nondiscrimination in Federally -Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964" (hereinafter referred to as the REGULATIONS), the Federal -aid Highway Act of 1973, and other pertinent directives, to the end that in accordance with the ACT, REGULATIONS, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which ADMINISTERING AGENCY receives federal financial assistance from the Federal Department of Transportation. ADMINISTERING AGENCY HEREBY GIVES ASSURANCE THAT ADMINISTERING AGENCY will promptly take any measures necessary to effectuate this agreement. This assurance is required by subsection 21.7(a) (1) of the REGULATIONS. More specifically, and without limiting the above general assurance, ADMINISTERING AGENCY hereby gives the following specific assurances with respect to its federal -aid Program: 1. That ADMINISTERING AGENCY agrees that each "program" and each "facility" as defined in subsections 21.23 (e) and 21.23 (b) of the REGULATIONS, will be (with regard to a "program") conducted, or will be (with regard to a "facility") operated in compliance with all requirements imposed by, or pursuant to, the REGULATIONS. 2. That ADMINISTERING AGENCY shall insert the following notification in all solicitations for bids for work or material subject to the REGULATIONS made in connection with the federal -aid Program and, in adapted form, in all proposals for negotiated agreements: ADMINISTERING AGENCY hereby notifies all bidders that it will affirmatively insure that in any agreement entered into pursuant to this advertisement, disadvantage business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, national origin, religion, age, or disability in consideration for an award. 3. That ADMINISTERING AGENCY shall insert the clauses of Appendix A of this assurance in every agreement subject to the ACT and the REGULATIONS. 4. That the clauses of Appendix B of this Assurance shall be included as a covenant running with the land, in any deed effecting a transfer of real property, structures, or improvements thereon, or interest therein. 5. That where ADMINISTERING AGENCY receives federal financial assistance to construct a facility, or part of a facility, the Assurance shall extend to the entire facility and facilities operated in connection therewith. 6. That where ADMINISTERING AGENCY receives federal financial assistance in the form, or for the Page 16 of 23 March 7, 2016 Page 141 Local Assistance Procedures Manual Exhibit 4-C Master Agreement acquisition, of real property or an interest in real property, the Assurance shall extend to rights to space on, over, or under such property. 7. That ADMINISTERING AGENCY shall include the appropriate clauses set forth in Appendix C and D of this Assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the ADMINISTERING AGENCY with other parties: Appendix C; (a) for the subsequent transfer of real property acquired or improved under the federal -aid Program; and Appendix D; (b) for the construction or use of or access to space on, over, or under real property acquired, or improved under the federal -aid Program. 8. That this assurance obligates ADMINISTERING AGENCY for the period during which federal financial assistance is extended to the program, except where the federal financial assistance is to provide, or is in the form of, personal property or real property or interest therein, or structures, or improvements thereon, in which case the assurance obligates ADMINISTERING AGENCY or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which the federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which ADMINISTERING AGENCY retains ownership or possession of the property. 9. That ADMINISTERING AGENCY shall provide for such methods of administration for the program as are found by the U.S. Secretary of Transportation, or the official to whom he delegates specific authority, to give reasonable guarantee that ADMINISTERING AGENCY, other recipients, sub - grantees, applicants, sub -applicants, transferees, successors in interest, and other participants of federal financial assistance under such program will comply with all requirements imposed by, or pursuant to, the ACT, the REGULATIONS, this Assurance and the Agreement. 10. That ADMINISTERING AGENCY agrees that the United States and the State of California have a right to seek judicial enforcement with regard to any matter arising under the ACT, the REGULATIONS, and this Assurance. 11. ADMINISTERING AGENCY shall not discriminate on the basis of race, religion, age, disability, color, national origin or sex in the award and performance of any STATE assisted contract or in the administration on its DBE Program or the requirements of 49 CFR Part 26. ADMINISTERING AGENCY shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non- discrimination in the award and administration of STATE assisted contracts. ADMINISTERING AGENCY'S DBE Implementation Agreement is incorporated by reference in this AGREEMENT. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved DBE Implementation Agreement, STATE may impose sanctions as provided for under 49 CFR Part 26 and Page 17 of 23 March 7, 2016 Page 142 Local Assistance Procedures Manual Exhibit 4-C Master Agreement may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and/or the Program Fraud Civil Remedies Act of 1985 (31USC 3801 et seq.) THESE ASSURANCES are given in consideration of and for the purpose of obtaining any and all federal grants, loans, agreements, property, discounts or other federal financial assistance extended after the date hereof to ADMINISTERING AGENCY by STATE, acting for the U.S. Department of Transportation, and is binding on ADMINISTERING AGENCY, other recipients, sub grantees, applicants, sub -applicants, transferees, successors in interest and other participants in the federal -aid Highway Program. Page 18 of 23 March 7, 2016 Page 143 Local Assistance Procedures Manual APPENDIX A TO EXHIBIT B Exhibit 4-C Master Agreement During the performance of this Agreement, ADMINISTERING AGENCY, for itself, its assignees and successors in interest (hereinafter collectively referred to as ADMINISTERING AGENCY) agrees as follows: (1) Compliance with Regulations: ADMINISTERING AGENCY shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. (2) Nondiscrimination: ADMINISTERING AGENCY, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub -applicants, including procurements of materials and leases of equipment. ADMINISTERING AGENCY shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the agreement covers a program set forth in Appendix B of the REGULATIONS. (3) Solicitations for Sub -agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by ADMINISTERING AGENCY for work to be performed under a Sub -agreement, including procurements of materials or leases of equipment, each potential sub -applicant or supplier shall be notified by ADMINISTERING AGENCY of the ADMINISTERING AGENCY's obligations under this Agreement and the REGULATIONS relative to nondiscrimination on the grounds of race, color, or national origin. (4) Information and Reports: ADMINISTERING AGENCY shall provide all information and reports required by the REGULATIONS, or directives issued pursuant thereto, and shall permit access to ADMINISTERING AGENCY's books, records, accounts, other sources of information, and its facilities as may be determined by STATE or FHWA to be pertinent to ascertain compliance with such REGULATIONS or directives. Where any information required of ADMINISTERING AGENCY is in the exclusive possession of another who fails or refuses to furnish this information, ADMINISTERING AGENCY shall so certify to STATE or the FHWA as appropriate, and shall set forth what efforts ADMINISTERING AGENCY has made to obtain the information. (5) Sanctions for Noncompliance: In the event of ADMINISTERING AGENCY's noncompliance with the nondiscrimination provisions of this agreement, STATE shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: (a) withholding of payments to ADMINISTERING AGENCY under the Agreement within a reasonable period of time, not to exceed 90 days; and/or (b) cancellation, termination or suspension of the Agreement, in whole or in part. (6) Incorporation of Provisions: ADMINISTERING AGENCY shall include the provisions of paragraphs (1) through (6) in every sub -agreement, including procurements of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. Page 19 of 23 March 7, 2016 Page 144 Local Assistance Procedures Manual Exhibit 4-C Master Agreement ADMINISTERING AGENCY shall take such action with respect to any sub -agreement or procurement as STATE or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event ADMINISTERING AGENCY becomes involved in, or is threatened with, litigation with a sub -applicant or supplier as a result of such direction, ADMINISTERING AGENCY may request STATE enter into such litigation to protect the interests of STATE, and, in addition, ADMINISTERING AGENCY may request the United States to enter into such litigation to protect the interests of the United States. Page 20 of 23 March 7, 2016 Page 145 Local Assistance Procedures Manual APPENDIX B TO EXHIBIT B Exhibit 4-C Master Agreement The following clauses shall be included in any and all deeds effecting or recording the transfer of PROJECT real property, structures or improvements thereon, or interest therein from the United States. (GRANTING CLAUSE) NOW, THEREFORE, the U.S. Department of Transportation, as authorized by law, and upon the condition that ADMINISTERING AGENCY will accept title to the lands and maintain the project constructed thereon, in accordance with Title 23, United States Code, the Regulations for the Administration of federal -aid for Highways and the policies and procedures prescribed by the Federal Highway Administration of the Department of Transportation and, also in accordance with and in compliance with the Regulations pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the ADMINISTERING AGENCY all the right, title, and interest of the U.S. Department of Transportation in, and to, said lands described in Exhibit "A" attached hereto and made a part hereof. (HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto ADMINISTERING AGENCY and its successors forever, subject, however, to the covenant, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and shall be binding on ADMINISTERING AGENCY, its successors and assigns. ADMINISTERING AGENCY, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, (1) that no person shall on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed (;) (and) * (2) that ADMINISTERING AGENCY shall use the lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in federally -assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended (;) and (3) that in the event of breach of any of the above-mentioned nondiscrimination conditions, the U.S. Department of Transportation shall have a right to re-enter said lands and facilities on said land, and the above-described land and facilities shall thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this deed.* * Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. Page 21 of 23 March 7, 2016 Page 146 Local Assistance Procedures Manual Exhibit 4-C Master Agreement APPENDIX C TO EXHIBIT B The following clauses shall be included in any and all deeds, licenses, leases, permits, or similar instruments entered into by ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7(a) of Exhibit B. The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as covenant running with the land") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.), shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of Secretary, Part 21, Nondiscrimination in federally -assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. (Include in licenses, leases, permits, etc.)* That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to terminate the (license, lease, permit etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (Include in deeds)* That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to re-enter said land and facilities thereon, and the above- described lands and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERING AGENCY and its assigns. * Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. Page 22 of 23 March 7, 2016 Page 147 Local Assistance Procedures Manual Exhibit 4-C Master Agreement APPENDIX D TO EXHIBIT B The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by the ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7 (b) of Exhibit B. The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds, and leases add "as a covenant running with the land") that: (1) no person on the ground of race, color, sex, national origin, religion, age or disability, shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in the use of said facilities; (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the ground of race, color, sex, national origin, religion, age or disability shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; and (3) that the (grantee, licensee, lessee, permittee, etc.,) shall use the premises in compliance with the Regulations. (Include in licenses, leases, permits, etc.)* That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (Include in deeds)* That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to re-enter said land and facilities thereon, and the above- described lands and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERING AGENCY, and its assigns. * Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. Page 23 of 23 March 7, 2016 Page 148 Local Assistance Procedures Manual Exhibit 4-D Sample -Program Supplement Agreement EXHIBIT 4-D SAMPLE- PROGRAM SUPPLEMENT AGREEMENT PROGRAM SUPPLEMENT NO. N202 To ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS No 04-5005R Date: March 11, 2011 Location: 04-SCL-0-SJS Project Number: STPL-5005(109) EA Number: 04-985832 Locode: 5005 This Program Supplement hereby adopts and incorporates the Administering Agency -State Agreement for Federal Aid which was entered into between the Administering Agency and the State on 07/08/08 and is subject to all the terms and conditions thereof- This Program Supplemert is executed in accordance with Article Iof the aforementioned Master Agreement under authority of Resolution No. 12345 approved by the Administering Agency on 12/12/2010 The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special covenants or remarks set forth on the following pages. PROJECT LOCATION: TYPE OF WORK: LENGTH: Estimated Cost Federal Funds Matching Funds LOCAL OTHER STATE OF CALIFORNIA Department of Transportation By: Title: By Date: Chief, Office of Project Implementation Attest: Division of Local Assistance Attest: Date: I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Officer Date Program Supplement 04-5005R-N202-ISTEA Page 1 of 3 Page 4-31 LPP 11-02 April 8_20e 149 Exhibit 4-D Local Assistance Procedures Manual Sample Program Supplement Agreement 04-SCL-0-SJS March 11, 2011 STPL-5005(109) SPECIAL COVENANTS OR REMARKS 1. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s). 2. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance. ADMINISTERING AGENCY should ensure that invoices are submitted to the District- Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date. 3. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. 4. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days of project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing invoices for the construction phase. Please refer to Section 15.7 "Award Package" of the Local Assistance Procedures Manual. 5. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid projects, or encumberances for State funded projects, as well as to suspend invoice payments for any on-going or future project by ADMINISTERING AGENCY if Program Supplemnent 04-5005R-N202-ISTEA Page 2 of 3 Page4-32 April 8, 2011 LPP 11-02 Page 150 Local Assistance Procedures Manual Exhibit 4-1) Sample Program Supplement Agreement 04-SCL-0-SJS March 11, 2011 STPL-5005(109) SPECIAL COVENANTS OR REMARKS PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period. If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual. 6. The Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal- assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal -assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). 7. As a condition for recelvmg federal -aid highway funds for the PROJECT, the Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Excluded Parties List System (EPLS). 8. In the event that right of way acquisition for or construction of this project of the initial federal authorization for preliminary engineering is not started by the close of the tenth fiscal year following the fiscal year in which the project is authorized, the ADMINISTERING AGENCY shall repay the Federal Highway Administration through Caltrans the sum of Federal funds paid under the terms of this agreement. Program Supplemnent 04-5005R-N202-ISTEA Page 3 of 3 Page 4-33 LPP 11-02 April 8-201e1151 RESOLUTION NO. 18-042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, RATIFYING A BASELINE AGREEMENT WITH THE CALIFORNIA TRANSPORTATION COMMISSION; APPROVING A MASTER AGREEMENT AND PROGRAM SUPPLEMENT AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE ETIWANDA AVENUE GRADE SEPARATION PROJECT LOCATED BETWEEN WHITTRAM AVENUE AND NAPA STREET; AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPROVE AND EXECUTE PROJECT RELATED DOCUMENTS AND AGREEMENTS WITH THE CALIFORNIA TRANSPORTATION COMMISSION AND THE CALIFORNIA DEPARTMENT OF TRANSPORTATION WHEREAS, on April 28, 2017, the Governor Signed Senate Bill (SB) 1 (Beall, Chapter 5, Statutes of 2017), known as the Road Repair and Accountability Act of 2017, and created new and augmented existing programs, including, the Trade Corridor Enhancement Program; and WHEREAS, SB 1 states that "it is the intent of the Legislature that the Department of Transportation and local governments are held accountable for the efficient investment of public funds to maintain the public highways, streets, and roads, and are accountable to the people through performance goals that are tracked and reported"; and WHEREAS, the California Transportation Commission (Commission) is responsible for the accountability and transparency of the SB 1 program funds under its purview; and WHEREAS, the Commission adopted the SB 1 Accountability and Transparency Guidelines on March 21, 2018; and WHEREAS, the Commission called for measures to be developed for purposes of addressing instances of non-compliance with the guidelines; and WHEREAS, the Commission adopted the amended SB 1 Accountability and Transparency Guidelines, on May 16, 2018; and WHEREAS, the Commission intends to exercise programmatic oversight for the delivery of SB 1 projects with regard to the benefits, scope, cost, and schedule consistent with the program objectives and executed agreements; and WHEREAS, the Commission, through its guidelines, has set forth its expectation that the California Department of Transportation will provide the administrative oversight for SB 1 Programs and ensure that the terms and conditions of the Commission's guidelines and subsequent programming, allocation, reporting, and other actions are followed; and WHEREAS, the Commission, at its May 16, 2018 meeting, approved the Etiwanda Avenue Grade Separation Project (PROJECT), to be included in the Road Repair and Accountability Act of 2017 (Senate Bill 1, Chapter 5, Statutes of 2017), Trade Corridor Enhancement Program (TCEP) Resolution No. 18-042 - Page 1 of 2 ATTACHMENT 5 Page 152 WHEREAS, the City of Rancho Cucamonga will act as Implementing Agency and Project Applicant for the PROJECT; and WHEREAS, the City of Rancho Cucamonga's Capital Improvement Program (CIP) serves as a plan for the provision of public improvements and the construction of a grade separation on Etiwanda Avenue between Whittram Avenue and Napa Avenue and is included in the CIP (PROJECT); and WHEREAS, the City of Rancho Cucamonga is the California Environmental Quality Act (CEQA) Lead Agency for the PROJECT and has determined that the PROJECT is statutorily exempt per Article 18, Section 15282(g) of the CEQA guidelines for the Project; and WHEREAS, the Commission agrees to reimburse the City of Rancho Cucamonga for the environmental, design, right of way, construction, administrative, and inspection costs ("Costs") associated with the PROJECT after full adoption of the Baseline Agreement, Master Agreement, and Program Supplement to the Master Agreement for the PROJECT; and WHEREAS, the City of Rancho Cucamonga, the Commission, and Caltrans mutually agree to the terms and conditions of the Baseline Agreement, Master Agreement, and Program Supplement to the Master Agreement: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA HEREBY RESOLVES: A. To ratify said Baseline Agreement executed by the City Manager on June 7, 2018; and B. To approve the Master Agreement with the Commission; and C. To approve the Program Supplement to the Master Agreement with the Commission; and D. Authorizes the City Manager of the City of Rancho Cucamonga, or his designee to approve and execute project related documents and agreements with the Commission and Caltrans. Resolution No. 18-042 - Page 2 of 2 Page 153 DATE: June 20, 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 Romeo M. David, Associate Engineer SUBJECT: CONSIDERATION OF AN INCREASE IN CONSTRUCTION CONTINGENCY AND AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $187,430 FROM THE TRANSPORTATION FUND (FUND 124) FOR THE CONSTRUCTION OF THE HELLMAN AVENUE AND 8TH STREET WIDENING, TRAFFIC SIGNAL, AND AT -GRADE IMPROVEMENTS AT THE METROLINK TRACKS PROJECT. RECOMMENDATION: Staff recommends that the City Council: 1. Authorize additional construction contingency in the amount of $150,000 to All American Asphalt for the Construction of the Hellman Avenue and 8th Street Widening, Traffic Signal, and At Grade Improvements at the Metrolink Tracks Project; 2. Approve an increase to the purchase order with Aufbau Corporation in the amount of $37,430 for additional on-call construction inspection services; and 3. Authorize an additional appropriation in the amount of $187,430 from the Transportation Fund (Fund 124) Fund Balance to cover additional project costs. BACKGROUND: On April 17, 2017, the City awarded a construction contract to All American Asphalt in the amount of $1,610,761 for the Construction of the Hellman Avenue and 8th Street Widening, Traffic Signal, and At Grade Improvements at the Metrolink Tracks Project. Additionally, the City Council authorized a 10% contingency in the amount of $161,076 to address unforeseen construction related incidentals. An appropriation of $886,200 from the General Drainage Fund (Fund 112) and the Transportation Fund (Fund 124) into the project accounts were approved in order to cover the construction costs. A copy of the April 17, 2017 City Council Staff Report is on file with the City Clerk office. ANALYSIS: A number of factors encountered during the course of construction have led to unanticipated change orders and delays in completing the project. Some of these factors include discrepancies between the construction drawings and existing field conditions, the original traffic signal pole manufacturer going out of business, delays in relocating utility poles and overhead utility lines, and obtaining (as well as maintaining) the required construction permits necessary to work within Metrolink's right-of-way. In response to these Page 154 unforeseen conditions, various change order requests have been submitted by the Contractor. A total of 9 change orders totaling $101,288 have been reviewed and approved by staff. The amount of the remaining change order requests currently under review along with potential change orders not submitted would exceed the remaining balance of the approved project contingency. To provide authority to continue negotiating change orders and avoid delays in finalizing the project, an increase in the amount of $150,000 for a total project contingency of $311,076 or 19% of the contract award is necessary. At this time, the intersection of Hellman Avenue and 8th Street is partially opened and operating as a T - intersection (closure on the north side of Hellman Avenue). Temporary lane striping and detour signs have been installed until the project is complete. The anticipated final completion date is expected in late August. On-call inspection firm Aufbau Corporation is providing construction inspection services for this project. Aufbau Corporation has been performing full eight hour day inspections to adequate provide the construction inspection required for this contract. However, due to the unforeseen conditions and construction delays noted above, the amount reserved in the project budget for inspection services has been exhausted. To that end, an increase in the amount of $37,430 for additional construction inspection services is required to cover the additional cost for construction inspection services through project completion. FISCAL IMPACT: Additional funds from the Transportation Fund (Fund 124) Fund Balance will need to be appropriated into the following project account in order to cover the anticipated construction and inspection costs. Sufficient fund balance exists in this account to cover the following costs: Account No. Funding Source Description Amount 11243035650/1847124- Transportation Fund (124) Hellman @ Metrolink $187,430 0 COUNCIL GOAL(S) ADDRESSED: This item addresses City Council Goal of enhancing premier community status and public safety by completing the public frontage improvements along Hellman Avenue and providing for improved safety with the installation of a traffic signal and upgrades to the Metrolink railroad crossing. Page 155 DATE: June 20, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: William Wittkopf, Public Works Services Director Ernest Ruiz, Streets, Storm Drains, and Fleet Superintendent Ruth Cain, CPPB, Procurement Manager SUBJECT: CONSIDERATION OF THE PURCHASE OF ONE REPLACEMENT CNG TEN WHEEL DUMP TRUCK IN THE AMOUNT OF $219,290. RECOMMENDATION: Staff recommends the City Council authorize the purchase of one (1) replacement CNG Ten Wheel Dump Truck from Los Angeles Truck Centers, LLC, of Whittier, California, in the amount of $219,290, in accordance with Request for Bid ("RFB") #17/18-115 to be funded from the AB2766 Air Quality Improvement Fund (105). BACKGROUND: City Council approved the purchase of one (1) new replacement Compressed Natural Gas (CNG) Ten Wheel Dump Truck in the adopted FY 2017/18 budget. The Public Works Services Department annually conducts a Fleet Maintenance Vehicle/Equipment Replacement Analysis. A replacement ranking methodology is used to justify and recommend vehicles and/or equipment to be replaced. Factors considered in the replacement ranking are: depreciation, mileage/use, age, condition, maintenance history, and application. The unit approved for replacement is a diesel -powered dump truck (unit #663) which is sixteen (16) years old and has reached the end of its service life. The vehicle will be replaced with an environmentally friendly Compressed Natural Gas (CNG) Dump Truck. The truck is used to transport bulk materials such as: 50/50 concrete mix, asphalt and concrete spoils, asphalt cold mix, crushed aggregate base, hot -mix asphalt, sand, sandbags, and topsoil. The new CNG Dump Truck will be used by the Public Works Services Department and assigned to the Asphalt and Concrete crews. The Public Works Services Department provided specifications to the Procurement Division for the purchase of One (1) CNG Ten Wheel Dump Truck. The Procurement Division prepared and posted a formal Request for Bid (RFB) #17/18-115 to the City's automated procurement system. There were one hundred and sixty-five (165) notified vendors; sixteen (16) prospective bidders viewed or downloaded the RFB documentation. There were three (3) vendor responses received with one (1) response being deemed as nonresponsive by not providing all of the required bid documentation, two (2) viable bids were received. ANALYSIS: Page 156 After analysis of the lowest and most responsive bid by the Public Works Services Director, Streets, Storm Drains, and Fleet Superintendent and Procurement staff, it has been determined to be in the City's best interest to recommend an award to Los Angeles Truck Centers, LLC, of Whittier, California, for one (1) CNG Ten Wheel Dump Truck. All applicable solicitation documentation is on file in Planet Bids and can be accessed through the City's website at www.cityofrc.us. FISCAL IMPACT: The funding for this purchase is part of the FY 17/18 adopted budget in the AB2766 Air Quality Improvement Fund (105) from account number 1105208-5604. COUNCIL GOAL(S) ADDRESSED: N/A Page 157 DATE: June 20, 2018 TO: Mayor and Members of the City Council FROM: John Gillison, City Manager INITIATED BY: Lori Sassoon, Deputy City Manager/Administrative Services Robert Neiuber, Human Resources Director SUBJECT: CONSIDERATION OF APPROVAL OF A RESOLUTION ADOPTING SALARY SCHEDULES FOR FISCAL YEAR 2018-19. RECOMMENDATION: Staff recommends that the City Council adopt Resolution approving the Fiscal Year 2018-19 salary schedules forjob classifications employed by the City. BACKGROUND: The City Council traditionally adopts salary resolutions biannually for those classifications employed by the City of Rancho Cucamonga. These resolutions are updated to reflect changes in salaries, additions and deletions of classifications, changes in job titles and other terms of employment. The resolution adopts the changes previously approved in the Side Letter to the Memorandum of Understanding (MOU) with the Executive Management Employee Group and the position changes outlined below. ANALYSIS: The City Council considers salary schedules twice a year. Updates are based on negotiated and agreed upon changes. All the City's bargaining units are subject to the Meyer-Milias-Brown Act and collective bargaining, except the City Manager. There is no change to the City Manager's salary range. The updated Rancho Cucamonga City Employees Association (RCCEA) salary schedule reflects the addition of two job classifications from this year's recommended budget: Deputy Director of Public Works and Cultural Center Manager. These positions will provide management oversight of departmental programs and facilities which will allow lower level positions to focus on supervising personnel. Staff also included two approved job classifications, Business License Supervisor and Principal Accountant, from the 2017-2018 budget. These positions were previously approved by council and will be retroactively paid beginning March 2018, when the employees assumed these new duties. Additionally, the seven positions in the clerical series were reviewed, and staff recommends that the City Council approve consolidating the job classifications into four executive assistant series positions on the salary schedule: Administrative Assistant, encompassing the duties of the Office Specialist I and Office Specialist 11; Executive Assistant, encompassing the duties of the Secretary and Administrative Secretary; Executive Assistant 11, encompassing the duties of the Senior Administrative Secretary and Planning Commission Page 158 Secretary; and Senior Executive Assistant, encompassing the duties of the Executive Assistant position. The result of consolidating the positions provides a cohesive structure that reflects the current nature and importance of these support positions. The ranges for these positions will now start at the lowest end of the lower position and end at the higher range of the higher position. This would be effective during 2017- 2018 fiscal year and those at top step in the lower positions would be eligible for an increase based on merit during their regular evaluation period. The updated Executive Management Group salary schedule reflects the salary adjustments of two classifications as previously approved by Council in side letter agreement. The adjustments include the reduction of 5% to the Director of Innovation and Technology salary range and an increase of 6.5% to the City Clerk Services Director salary range. This reduction and addition to the two salary ranges results in no additional costs to the City. The updated City Part Time salary schedule reflects title changes associated with the executive assistant series: Administrative Assistant, encompassing the duties of the Office Specialist I and Office Specialist 11; and Executive Assistant, encompassing the duties of the Secretary. The update aligns the part time classification titles with the full time classification titles. FISCAL IMPACT: The projected $20,000 incremental increase related to the cost of consolidating the RCCEA's executive assistant positions will addressed as part of the amended budget process. All other adjustments to the salary ranges and their fiscal impacts were considered previously by the City Council in a previous Agenda Item and are part of the proposed 2018-2019 Fiscal Year Budget. COUNCIL GOAL(S) ADDRESSED: None. ATTACHMENTS: Description Attachment 1 - Resolution Approving the City Salary Schedules for FY 20018-19 Attachment 2 - Salary Schedule for Executive Management Employee Job Classifications Attachment 3 - Salary Schedule for Rancho Cucamonga City Employees Association Job Classifications Attachment 4 - Salary Schedule for Teamsters Local 1932 Job Classifications Attachment 5 - Salary Schedule for Part -Time Job Classifications Page 159 RESOLUTION NO. 18 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE SALARY SCHEDULES FOR FISCAL YEAR 2018-19. WHEREAS, the City Council of the City of Rancho Cucamonga has determined that it is necessary for the efficient operation and management of the City that policies be established prescribing salary ranges, benefits and holidays and other policies for employees of the City of Rancho Cucamonga; and WHEREAS, the City Council of the City of Rancho Cucamonga has previously adopted salary resolutions establishing salary ranges, benefits and other terms of employment for employees of the City of Rancho Cucamonga; and WHEREAS, the City Council of the City of Rancho Cucamonga recognizes that it is necessary from time to time to amend the salary resolution to accommodate changes in position titles, classifications salary ranges, benefits and other terms of employment; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California to approve the attached salary schedules for the Executive Management Group, Rancho Cucamonga City Employees Association, Teamsters Local 1932, and Part -Time City positions (Attachments 2 - 5) effective July 9, 2018. PASSED, APPROVED, AND ADOPTED this 201h day of June 2018. Attachment 1 City Salary Resolution Page 160 AYES: NOES: ABSENT: ABSTAINED: ATTEST: Janice Reynolds, City Clerk L. Dennis Michael, Mayor I, Janice Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, at a Meeting of said Council on the 2011 day of June, 2018. Executed this 2011 day of June, 2018, at Rancho Cucamonga, California. Attachment 1 Janice Reynolds, City Clerk City Salary Resolution Page 161 Resolution No. 18 -XXX EXECUTIVE MANAGEMENT GROUP ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES Monthly Pay Ranges effective July 9, 2018 Minimum Control Point Maximum Class Title Step Amount Step Amount Step Amount Animal Services Director 1594 $8,666 1634 $10,579 1664 $12,287 Assistant City Manager 1672 $12,788 1712 $16,611 1742 $18,131 Building and Safety Services Director 1609 $9,339 1649 $11,402 1679 $13,242 City Clerk Services Director 1568 $7,612 1606 $9,200 1649 $11,402 City Manager 1756 $19,441 1796 $23,734 1826 $27,564 Community Services Director 1627 $10,216 1667 $12,473 1697 $14,485 Deputy City Manager/Administrative Services 1647 311,288 1687 $13,781 1717 $16,005 Deputy City Manager/Civic & Cultural Services 1647 311,288 1687 $13,781 1717 $16,005 Deputy City Manager/ Econ. & Comm. Dev. 1647 $11,288 1687 $13,781 1717 $16,005 Eng Svs Director/City Engineer 1628 $10,267 1668 $12,535 1698 $14,557 Finance Director 1629 $10,319 1669 $12,597 1699 $14,631 Human Resources Director 1621 $9,915 1661 $12,104 1691 1 $14,059 Innovation and Technology Director/CIO 1637 $10,740 1677 $13,110 1697 $14,485 Library Director 1611 $9,433 1651 $11,516 1681 $13,374 Planning Director 1621 $9,915 1661 $12,104 1691 $14,059 Public Works Services Director 1609 $9,339 1649 $11,402 1679 $13,242 Fire Chief* A $13,439 G $18,009 * Included for informational purposes only - This is a Fire District Management Employee Group position not a City position Attachment 2 Executive Management July 9, 2018 Page 162 Resolution No. 18 -XXX RCCEA COVERED EMPLOYEES IN THE MID MANAGER, SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES Monthly Pay Ranges Effective July 9, 2018 Minimum Control Point Maximum Class Title Step Amount Step Amount Step Amount Account Clerk 4375 $2,908 4415 $3,550 4435 $3,922 Account Technician 4423 $3,694 4463 $4,509 4483 $4,983 Accountant# 3465 $4,555 3505 $5,560 3525 $6,143 Accounting Manager* 2525 $6,143 2565 $7,499 2585 $8,285 Accounts Payable Supervisor# 3470 $4,670 3510 $5,701 3530 $6,229 Administrative Assistant 4349 $2,554 4409 $3,445 4429 $3,807 Administrative Technician 4437 $3,962 4477 $4,836 4497 $5,343 Animal Care Attendant 4349 $2,554 4389 $3,118 4409 $3,445 Animal Care Supervisor# 3416 $3,567 3456 $4,355 3476 $4,811 Animal Caretaker 4378 $2,952 4418 $3,603 4438 $3,981 Animal Center Manager* 2506 $5,589 2546 $6,822 2566 $7,537 Animal Handler 4388 $3,102 4428 $3,787 4448 $4,185 Animal License Canvasser 4349 $2,554 4389 $3,118 4409 $3,445 Animal Services Dispatcher 4369 $2,822 4409 $3,445 4429 $3,807 Animal Services Officer 1 4421 $3,658 4461 $4,465 4481 $4,933 Animal Services Officer II 4441 $4,041 4481 $4,933 4501 $5,451 Assistant City Clerk # 3535 $6,458 3575 $7,883 3595 $8,710 Assistant City Engineer* 2590 $8,495 2630 $10,370 2650 $11,459 Assistant Engineer# 3488 $5,108 3528 $6,236 3548 $6,890 Assistant Library Director* 2572 $7,765 2612 $9,480 2632 $10,474 Assistant Planner# 3468 $4,624 3508 $5,645 3528 $6,236 Assistant to the City Manager* 2548 $6,890 2588 $8,411 2608 $9,293 Associate Engineer# 3518 $5,933 3558 $7,242 3578 $8,002 Associate Planner# 3487 $5,083 3527 $6,206 3547 $6,856 Box Office Coordinator 4450 $4,227 4490 $5,160 4510 $5,701 Budget Analyst# 3498 $5,369 3538 $6,556 3558 $7,242 Building Inspection Supervisor#2 3504 $5,532 3544 $6,754 3564 $7,462 Building Inspector 12 4444 $4,101 4484 $5,007 4504 $5,532 Building Inspector 112 4464 $4,532 4504 $5,532 4524 $6,113 Building and Safety Manager* 2533 $6,394 2573 $7,804 2593 $8,623 Business License Clerk 4378 $2,952 4418 $3,603 4438 $3,981 Business License Inspector 4418 $3,603 4458 $4,398 4478 $4,860 Business License Program Coordinator# 3432 $3,864 3472 $4,716 3492 $5,211 Rancho Cucamonga City Employee Association Attachment 3 July 9, 2018 Page 163 Resolution No. 18 -XXX RCCEA COVERED EMPLOYEES IN THE MID MANAGER, SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES Monthly Pay Ranges Effective July 9, 2018 Minimum Control Point Maximum Business License Program Supervisor# 3442 $4,062 3482 $4,958 3502 $5,478 Business License Technician 4408 $3,428 4448 $4,185 4468 $4,624 City Clerk Records Management Analyst# 3470 $4,670 3510 $5,701 3530 $6,299 City Planner/Planning Manager* 2583 $8,204 2623 $10,014 2643 $11,065 Communications and Marketing Officer# 3515 $5,845 3555 $7,134 3575 $7,883 Communications Manager* 2565 $7,499 2605 $9,155 2625 $10,115 Community Improvement Manager* 2533 $6,394 2573 $7,804 2593 $8,623 Community Improvement Officer 1 4421 $3,658 4461 $4,465 4481 $4,933 Community Improvement Officer II 4441 $4,041 4481 $4,933 4501 $5,451 Community Programs Coordinator 4450 $4,227 4490 $5,160 4510 $5,701 Community Programs Specialist 4437 $3,962 4477 $4,836 4497 $5,343 Community Services Coordinator 4450 $4,227 4490 $5,160 4510 $5,701 Community Services Manager* 2506 $5,589 2546 $6,822 2566 $7,537 Community Services Marketing Coord 4450 $4,227 4490 $5,160 4510 $5,701 Community Services Project Coordinator# 3500 $5,423 3540 $6,621 3560 $7,314 Community Services Specialist 4350 $2,566 4390 $3,133 4410 $3,462 Community Services Superintendent* 2536 $6,490 2576 $7,922 2596 $8,753 Community Services Supervisor# 3480 $4,908 3520 $5,993 3540 $6,621 Community Services Technician 4437 $3,962 4477 $4,836 4497 $5,343 Community Svc Marketing Manager* 2536 $6,490 2576 $7,922 2596 $8,753 Cultural Arts Manager* 2506 $5,589 2546 $6,822 2566 $7,537 Cultural Center Manager* 2536 $6,490 2576 $7,922 2596 $8,753 Deputy City Clerk# 3430 $3,825 3470 $4,670 3490 $5,160 Deputy Dir. of Innovation and Technology* 2558 $7,242 2598 $8,840 2618 $9,769 Deputy Director of Public Works* 2566 $7,537 2606 $9,200 2626 $10,165 Engineering Aide 4421 $3,658 4461 $4,465 4481 $4,933 Engineering Technician 4441 $4,041 4481 $4,933 4501 $5,451 Environmental Programs Coordinator# 3503 $5,505 3543 $6,721 3563 $7,425 Environmental Programs Inspector 2 4464 $4,532 4504 $5,532 4524 $6,113 Environmental Programs Manager* 2539 $6,588 2579 $8,042 2599 $8,885 Executive Assistant II# 3444 $4,101 3484 $5,007 3504 $5,532 Executive Assistant' 4394 $3,197 4464 $4,532 4484 $5,007 Facilities Superintendent* 2536 $6,490 2576 $7,922 2596 $8,753 Finance Manager* 2559 $7,278 2599 $8,885 2619 $9,818 Rancho Cucamonga City Employee Association Attachment 3 July 9, 2018 Page 164 Resolution No. 18 -XXX RCCEA COVERED EMPLOYEES IN THE MID MANAGER, SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES Monthly Pay Ranges Effective July 9, 2018 Minimum Control Point Maximum Fleet Su ervisor#2 3488 $5,108 3528 $6,236 3548 $6,890 Fund Development Coordinator# 3470 $4,670 3510 $5,701 3530 $6,299 GIS Analyst# 3505 $5,560 3545 $6,788 3565 $7,499 GIS Specialist 4456 $4,355 4496 $5,316 4516 $5,874 GIS Supervisor# 3535 $6,458 3575 $7,883 3595 $8,710 GIS Technician 4436 $3,941 4476 $4,811 4496 $5,316 Human Resources Clerk 4389 $3,118 4429 $3,807 4449 $4,205 Human Resources Manager* 2583 $8,204 2623 $10,014 2643 $11,065 Human Resources Technician 4399 $3,277 4439 $4,000 4459 $4,421 Information Technology Analyst 1# 3505 $5,560 3545 $6,788 3565 $7,499 Information Technology Analyst II# 3520 $5,993 3560 $7,314 3580 $8,081 Information Technology Specialist 1 4456 $4,355 4496 $5,316 4516 $5,874 Information Technology Specialist II 4471 $4,693 4511 $5,729 4531 $6,330 Information Technology Technician 4411 $3,479 4451 $4,247 4471 $4,693 Librarian 1# 3435 $3,922 3475 $4,788 3495 $5,290 Librarian 11# 3457 $4,377 3497 $5,343 3517 $5,904 Library Assistant 1# 3373 $2,878 3413 $3,514 3433 $3,883 Library Assistant 11# 3414 $37532 3454 $4,312 3474 $4,764 Library Clerk 4356 $2,645 4396 $3,228 4416 $3,567 Library Page 4244 $17513 4284 $1,847 4304 $27040 Library Page II 4293 $1,932 4333 $2,358 4353 $2,605 Library Services Manager* 2506 $57589 2546 $6,822 2566 $77537 Library Technician 4393 $3,180 4433 $3,883 4453 $4,290 Maintenance Supervisor#2 3488 $57108 3528 $6,236 3548 $67890 Management Aide 4440 $4,021 4480 $4,908 4500 $5,423 Management Analyst 1# 3470 $47670 3510 $5,701 3530 $67299 Management Analyst II# 3498 $5,369 3538 $6,556 3558 $7,242 Management Analyst III# 3515 $57845 3555 $7,134 3575 $77883 Office Services Clerk 4369 $2,822 4409 $3,445 4429 $3,807 Park/Landscape Maintenance Supt*2 2536 $6,490 2576 $7,922 2596 $87753 Payroll Supervisor# 3470 $4,670 3510 $5,701 3530 $6,299 Plan Check & Inspection Manager* 2533 $6,394 2573 $7,804 2595 $87710 Planning Specialist 4443 $4,081 4483 $4,983 4503 $5,505 Planning Technician 4423 $37694 4463 $4,509 4483 $47983 Rancho Cucamonga City Employee Association Attachment 3 July 9, 2018 Page 165 Resolution No. 18 -XXX RCCEA COVERED EMPLOYEES IN THE MID MANAGER, SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES Monthly Pay Ranges Effective July 9, 2018 Minimum Control Point Maximum Plans Examiner 1 4474 $4,764 4514 $5,816 4534 $6,426 Plans Examiner ll# 3488 $5,108 3528 $6,236 3548 $6,890 Principal Accountant* 2532 $6,362 2572 $7,765 2592 $8,580 Principal Engineer* 2567 $7,575 2607 $9,246 2627 $10,216 Principal Librarian* 2495 $5,290 2535 $6,458 2555 $7,134 Principal Management Analyst* 2543 $6,721 2583 $8,204 2603 $9,064 Principal Planner* 2537 $6,523 2577 $7,962 2597 $8,796 Procurement & Contracts Analyst# 3433 $3,883 3473 $4,740 3493 $5,238 Procurement Clerk 4374 $2,893 4414 $3,532 4434 $3,903 Procurement Manager* 2530 $6,299 2570 $7,689 2590 $8,495 Procurement Technician 4411 $3,479 4451 $4,247 4471 $4,693 Public Services Technician 1 4413 $3,514 4453 $4,290 4473 $4,740 Public Services Technician 11 4423 $3,694 4463 $4,509 4483 $4,983 Public Services Technician III 4443 $4,081 4483 $4,983 4503 $5,505 Public Works Inspector 12 4444 $4,101 4484 $5,007 4504 $5,532 Public Works Inspector 112 4464 $4,532 4504 $5,532 4524 $6,113 Public Works Maintenance Manager* 2566 $7,537 2606 $9,200 2626 $10,165 Public Works Safety Coordinator #2 3468 $4,624 3508 $5,645 3528 $6,236 Records Clerk 4358 $2,671 4398 $3,261 4418 $3,603 Records Coordinator 4386 $3,071 4426 $3,750 4446 $4,143 Risk Analyst# 3433 $3,883 3473 $4,740 3493 $5,238 Risk Management Coordinator# 3470 $4,670 3510 $5,701 3530 $6,299 Senior Account Clerk 4395 $3,213 4435 $3,922 4455 $4,333 Senior Account Technician 4446 $4,143 4486 $5,058 4506 $5,589 Senior Accountant# 3498 $5,369 3538 $6,556 3558 $7,242 Senior Animal Services Officer# 3461 $4,465 3501 $5,451 3521 $6,022 Senior Building Ins ector#2 3484 $5,007 3524 $6,113 3544 $6,754 Senior Civil Engineer* 2547 $6,856 2587 $8,369 2607 $9,246 Senior Community Improvement Officer# 3461 $4,465 3501 $5,451 3521 $6,022 Senior Electrician # 3485 $5,033 3525 $6,143 3545 $6,788 Senior Executive Assistant* 2460 $4,443 2500 $5,423 2520 $5,993 Senior GIS Analyst # 3520 $5,993 3560 $7,314 3580 $8,081 Senior Information Technology Analyst# 3535 $6,458 3575 $7,883 3595 $8,710 Senior Information Technology Specialist 4493 $5,238 4533 $6,394 4553 $7,064 Rancho Cucamonga City Employee Association Attachment 3 July 9, 2018 Page 166 Resolution No. 18 -XXX RCCEA COVERED EMPLOYEES IN THE MID MANAGER, SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES Monthly Pay Ranges Effective July 9, 2018 Minimum Control Point Maximum Senior Librarian# 3468 $4,624 3508 $5,645 3528 $6,236 Senior Park Planner# 3500 $5,423 3540 $6,621 3560 $7,314 Senior Planner* 2517 $5,904 2557 $7,206 2577 $7,962 Senior Plans Examiner# 3503 $5,505 3543 $6,721 3563 $7,425 Senior Procurement Technician# 3463 $4,509 3503 $5,505 3523 $6,083 Senior Risk Management Analyst# 3515 $5,845 3555 $7,134 3575 $7,883 Senior Special Districts Technician 4443 $4,081 4483 $4,983 4503 $5,505 Senior Veterinary Technician# 3461 $4,465 3501 $5,451 3521 $6,022 Special Districts Analyst# 3498 $57369 3538 $6,556 3558 $7,242 Special Districts Technician 4437 $3,962 4477 $4,836 4497 $5,343 Street/Storm Drain Maintenance Su t*2 2536 $67490 2576 $7,922 2596 $87753 Supervising Public Works Inspector#2 3494 $5,263 3534 $6,426 3554 $7,099 Theater Production Coordinator 4460 $47443 4500 $5,423 4520 $57993 Theater Production Supervisor# 3480 $4,908 3520 $5,993 3540 $6,621 Theatre Technician III 4423 $37694 4463 $4,509 4483 $47983 Traffic Engineer* 2569 $7,650 2609 $9,339 2629 $10,319 Utilities Division Manager* 2584 $87254 2624 $10,065 2644 $11,121 Utility Operations Manager* 2524 $6,113 2564 $7,462 2584 $8,254 Veterinarian* 2579 $87042 2619 $9,818 2639 $10,847 Veterinary Assistant 4407 $3,411 4447 $4,164 4467 $4,600 Veterinary Technician 4437 $3,962 4477 $4,836 4497 $5,343 When acting as Clerk to Commissions $50 paid per night or weekend day meeting. Compensatory time off 2. Refer to MOU for provision of boot # Denotes Supervisory/Professional Class * Denotes Management Class Rancho Cucamonga City Employee Association Attachment 3 July 9, 2018 Page 167 Resolution No. 18 -XXX PUBLIC WORKS MAINTENANCE EMPLOYEES Represented By TEAMSTERS LOCAL 1932 ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES Monthly Pay Ranges Effective July 9, 2018 Minimum Control Point Maximum Class Title Step Amount Step Amouni Step Amount Electrician 5457 $4,377 5497 $5,343 5517 $5,904 Equipment Operator 5425 $3,731 5465 $4,555 5485 $5,003 Inventory Specialist Equipment/Mat 5389 $3,118 5429 $3,807 5449 $4,205 Lead Maintenance Worker 5429 $3,807 5469 $4,647 5489 $5,134 Lead Mechanic 5440 $4,021 5480 $4,908 5500 $5,423 Maintenance Coordinator 5452 $4,269 5492 $5,211 5512 $5,758 Maintenance Worker 5391 $3,149 5431 $3,844 5451 $4,247 Mechanic 5430 $3,825 5470 $4,670 5490 $5,160 Senior Maintenance Worker 5401 $3,310 5441 $4,041 5461 $4,465 Signal & Lighting Coordinator 5479 $4,884 5519 $5,963 5539 $6,588 Signal & Lighting Technician 5452 $4,269 5492 $5,211 5512 $5,758 Attachment 4 Teamsters Local 1932 July 9, 2018 Page 168 Resolution No. 18 -XXX PART-TIME CITY POSITIONS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES Hourly Pay Ranges Effective July 9, 2018 Minimum Control Point Maximum Part Tome Posatmons Step Amoun Ster) Amount Step. Amount Account Clerk 6368 $15.87 6408 $19.37 6418 $20.36 Account Technician 6423 $20.88 6463 $25.49 6473 $26.79 Accountant 6465 $25.75 6505 $31.43 6515 $33.04 Administrative Assistant 6332 $13.25 6372 $16.19 6402 $18.80 Administrative Intern 6320 $12.48 6360 $15.24 6370 $16.03 Animal Care Attendant 6349 $14.43 6389 $17.62 6399 $18.52 Animal Caretaker 6378 $16.69 6418 $20.38 6428 $21.42 Animal Handler 6388 $17.54 6428 $21.41 6438 $22.50 Animal License Canvasser 6295 11.03 6306 $11.65 6316 $12.26 Animal Services Dispatcher 6369 $15.95 6409 $19.47 6419 $20.46 Animal Services Officer 6441 $22.84 6481 $27.88 6491 $29.31 Assistant Engineer 6488 $28.88 6528 $35.25 6538 $37.05 Assistant Planner 6468 $26.13 6508 $31.90 6518 $33.54 Assistant Pool Manager 6305 $11.60 6345 $14.16 6355 $14.87 Associate Engineer 6518 $33.53 6558 $40.94 6568 $43.03 Associate Planner 6487 $28.73 6527 $35.07 6537 $36.86 Box Office Assistant 6315 $12.18 6330 $13.13 6340 $13.81 Box Office Specialist 6311 $11.95 6351 $14.58 6361 $15.33 Budget Anal st 6498 $30.35 6538 $37.05 6548 $38.95 Building Inspector 6464 $25.61 6504 $31.27 6514 $32.87 Business License Clerk 6378 16.69 6418 $20.38 6428 $21.42 Business License Technician 6408 $19.37 6448 $23.65 6463 $25.49 CommunitV Improvement Officer 1 6421 $20.67 6461 $25.34 6471 $26.53 CommunitV Improvement Officer 11 6441 $22.84 6481 $27.88 6491 $29.31 CommunitV Programs Coordinator 6450 $23.89 6490 $29.16 6500 $30.66 CommunitV Programs Specialist 6437 22.39 6477 27.33 6487 $28.73 Community Services Coordinator 6450 $23.89 6490 29.16 6500 $30.66 Community Services Specialist 6350 $14.51 6390 $17.71 6400 $18.62 Community Services Supervisor 6480 $27.75 6520 $33.87 6530 $35.60 Community Services Technician 6437 $22.39 6477 $27.33 6487 $28.73 Department Director 6562 42.17 6604 $51.50 6707 $86.92 Department Manager 6525 $34.73 6566 42.60 6634 $59.81 Deputy City Clerk 6430 $21.62 6470 $26.40 6480 $27.75 Division Supervisor 6416 $20.16 6457 $24.74 6554 $40.13 Electrician 6457 $24.74 6497 $30.20 6507 $31.75 EnerqV EfficiencV Coordinator 6372 $16.19 6412 $19.77 6422 $20.78 Engineering Aide 6421 $20.67 6461 $25.24 6471 $26.53 Engineering Technician 6441 $22.84 6481 $27.88 6491 $29.31 Environmental Resources Intern 6295 $11.03 6320 $12.48 6330 $13.13 Equipment O erator 6425 $21.09 6465 $25.75 6475 $27.06 Executive Assistant 6394 $18.44 6434 22.06 6444 $23.18 GIS Intern 6320 12.48 6360 15.24 6370 $16.03 GIS Pro rammer/Anal st 6456 24.61 6496 30.05 6506 $31.58 Attachment 5 City Part Time July 9, 2018 Page 169 Resolution No. 18 -XXX PART-TIME CITY POSITIONS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES Hourly Pay Ranges Effective July 9, 2018 Minimum Control Point Maximum Part Tome Posotmons Ster) Arnouni Steo Amount Step. Amount GIS Technician 6436 $22.28 6476 $27.20 6486 $28.59 Healthy Cities Coordinator 6372 $16.19 6412 $19.77 6422 $20.78 Human Resources Clerk 6389 $17.62 6429 $21.51 6439 $22.61 Human Resources Technician 6399 18.52 6439 $22.61 6449 $23.77 Instructor/Guard 1 6295 $11.03 6295 $11.03 6295 $11.03 Instructor/Guard 11 6295 $11.03 6320 $12.48 6330 $13.13 Lead Mechanic 6440 $22.73 6480 $27.75 6490 $29.16 Librarian 1 6433 $21.95 6473 $26.79 6483 $28.16 Library Aide 6295 11.03 6295 $11.03 6295 $11.03 Library Assistant 1 6362 $15.41 6402 $18.81 6412 $19.77 Library Assistant II 6404 $18.99 6444 $23.20 6454 $24.37 Library Clerk 6346 $14.22 6386 $17.37 6396 $18.25 Library Director/SIF Trainer 6600 $50.48 6640 $61.63 6650 $64.78 LibrarV Pae 6295 11.03 6295 $11.03 6295 $11.03 Library Pa e 11 6295 $11.03 6320 $12.48 6330 $13.13 Library Technician 6393 $17.98 6433 $21.95 6443 $23.07 Maintenance Technician 6295 $11.03 6320 $12.48 6330 $13.13 Management Aide 6440 $22.73 6480 $27.75 6490 $29.16 Management Analyst 1 6470 $26.40 6510 $32.22 6520 $33.87 Management Analyst II 6498 30.35 6538 $37.05 6548 $38.95 Mechanic 6430 $21.62 6470 26.40 6480 $27.75 Meter Technician 6487 $28.73 6527 $35.07 6537 36.86 Office Services Clerk 6369 $15.95 6409 $19.41 6419 $20.47 Outreach Technician 6311 $11.95 6351 $14.58 6361 $15.33 Park Ranger 6352 $14.65 6392 $17.89 6402 $18.80 Planninq Aide 6320 $12.48 6360 $15.24 6370 $16.03 Planninq Manager 6583 $46.37 6623 $56.62 6633 $59.51 Plans Examiner 1 6474 $26.92 6514 $32.87 6534 $36.32 Pla school Instructor 6325 $12.81 6351 $14.58 6361 $15.33 Pool Manager 6329 $13.07 6369 $15.95 6379 $16.76 Principal Engineer 6567 $42.82 6607 $52.77 6617 $54.95 Program Specialist 6311 $11.95 6351 $14.58 6361 $15.33 Public Services Technician 1 6413 19.86 6453 24.25 6463 $25.49 Public Services Technician 11 6423 $20.88 6463 $25.49 6473 $26.79 Public Services Technician 111 6443 $23.07 6483 $28.16 6493 $29.60 Public Works Inspector 1 6444 $23.19 6484 $28.31 6494 $29.75 Public Works Inspector II 6464 $25.62 6504 $31.27 6514 $32.87 Purchasing Clerk 6368 $15.87 6408 $19.37 6418 $20.37 Receptionist 6342 1 $13.94 6382 $17.02 6392 $17.89 Records Clerk 6344 $14.08 6384 $17.19 6394 $18.08 Records Coordinator 6372 $16.19 6412 19.77 6422 $20.78 Recreation Assistant 6295 $11.03 6306 11.65 6316 $12.26 Attachment 5 City Part Time July 9, 2018 Page 170 Resolution No. 18 -XXX PART-TIME CITY POSITIONS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES Hourly Pay Ranges Effective July 9, 2018 Minimum Control Point Maximum Part Tome Posatmons Step Amoun Ster) Amount Step. Amount Recreation Attendant 6295 $11.03 6295 $11.03 6295 $11.03 Recreation Leader 6315 $12.18 6330 $13.13 6340 $13.81 Senior Accountant 6498 $30.35 6538 $37.05 6548 $38.95 Senior Civil Engineer 6543 $37.99 6583 $46.37 6593 $48.75 Signal and Lighting Technician 6452 $24.12 6492 $29.46 6502 $30.96 Sports Official 6325 $12.81 6351 $14.58 6361 $15.33 Swim Aide 6295 $11.03 6306 $11.65 6316 $12.26 Theatre Technician 1 6325 12.81 6351 $14.58 6361 $15.33 Theatre Technician 11 6372 $16.19 6412 $19.77 6422 $20.78 Veterinarian 6579 $45.46 6619 55.50 6629 $58.33 Veterinary Assistant 6407 $19.27 6447 $23.52 6457 $24.74 Veterinary Technician 6437 $22.40 6477 $27.33 6487 $28.73 Attachment 5 City Part Time July 9, 2018 Page 171 DATE: June 20, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Tamara L. Layne, Finance Director Minerva Gamboa, Business License Program Supervisor SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 931, AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE TO UPDATE THE APPOINTMENT OF AN ADMINISTRATIVE HEARING OFFICER, PERMIT, FEE AND APPEAL REQUIREMENTS FOR TAXICAB SERVICES, SALES OF GOODS OR MERCHANDISE FROM VEHICLES AND CHARITABLE AND NONCHARITABLE SOLICITATION PERMITS. RECOMMENDATION: Staff recommends that the City Council conduct a second reading of Ordinance No. 931, by title only "An Ordinance of the City of Rancho Cucamonga, Amending the Rancho Cucamonga Municipal Code to Update the Appointment of an Administrative Hearing Officer, Permit, Fee and Appeal Requirements for Taxicab Services, Sales of Goods or Merchandise from Vehicles and Charitable and Noncharitable Solicitation Permits". BACKGROUND: The introduction and first reading of the above -entitled Ordinance was approved at a Regular City Council meeting on June 6, 2018. Vote at first reading: AYES: Michael, Alexander, Kennedy, Spagnolo, Williams. ANALYSIS: Please refer to the June 6, 2018 City Council meeting Staff Report. FISCAL IMPACT: Please refer to the June 6, 2018 City Council meeting Staff Report. COUNCIL GOAL(S) ADDRESSED: Please refer to the June 6, 2018 City Council meeting Staff Report. ATTACHMENTS: Description Attachment 1 - Ordinance Page 172 ORDINANCE NO. 931 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE TO UPDATE THE APPOINTMENT OF AN ADMINISTRATIVE HEARING OFFICER, PERMIT, FEE AND APPEAL REQUIREMENTS FOR TAXICAB SERVICES, SALES OF GOODS OR MERCHANDISE FROM VEHICLES AND CHARITABLE AND NONCHARITABLE SOLICITATION PERMITS AND MAKING FINDINGS IN SUPPORT THEREOF The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1. Section 1. 12.150 is hereby amended as follows: "The city manager shall establish procedures for the selection of administrative hearing officers. In no event, however, shall the same person who issued an administrative citation, nuisance abatement notice, weed abatement notice, or invoice for abatement services; participated in a decision to deny any permit; or any person who has been adverse to the recipient of the appealed notice in any other legal or administrative proceeding, be the administrative hearing officer." SECTION 2. Section 8.30.110 is hereby amended as follows: "Any person denied a permit pursuant to this chapter may appeal such denial to the city manager, or his or her designee pursuant to section 1.12.150, by filing a written request for an administrative hearing with the city clerk within ten days after service of notice of the finance director's decision. Upon receipt of a timely appeal, the aggrieved party shall be given notice of a hearing to be held before the city manager, or his or her designee, within 30 days of the date of said notice. The city manager, or his or her designee, shall bear the burden of proof and the appellant shall pay a non-refundable fee in an amount established by resolution of the city council for such appeal. The city manager, or his or her designee, shall render a decision within a reasonable amount of time not to exceed 60 days of the conclusion of the hearing. The decision of the city manager, or his or her designee, shall be final." SECTION 3. Section 8.40.030 is amended as follows: "B. The finance director shall be authorized to investigate the truth of the facts set forth in the application. Each application shall be approved or denied within a reasonable amount of time. C. Permit Denial. Any permit applied for under the provisions of this chapter may be denied for any of the following causes: a. Fraud, misrepresentation, or false statement contained in the application for a permit; Ordinance No. 931 — Page 1 of 3 Page 173 b. Conviction of a misdemeanor or felony involving fraud, theft, dishonesty, or injury to any person within the previous ten years, or revocation of any permit to sell goods or services to the public within the previous five years, or any misdemeanor or felony for which the applicant is required to register pursuant to Penal Code § 290; c. Failure to comply with the requirements of this chapter; or d. Conviction within the previous 12 months, resulting from any violation of this chapter. D. Appeal Procedure. Any person aggrieved by a denial of a solicitation permit may appeal such denial to the city manager, or his or her designee pursuant to section 1.12.150, by filing a written request for an administrative hearing with the city clerk within ten days after service of notice of the finance director's decision. Upon receipt of a timely appeal, the aggrieved party shall be given notice of a hearing to be held before the city manager, or his or her designee, within 30 days of the date of said notice. The city manager, or his or her designee, shall bear the burden of proof and the appellant shall pay a non-refundable fee in an amount established by resolution of the city council for such appeal. The city manager, or his or her designee, shall render a decision within a reasonable amount of time not to exceed 60 days of the conclusion of the hearing. The decision of the city manager, or his or her designee, shall be final. E. Each permitee shall notify the finance director, in writing, within ten business days of any change in the required application information." SECTION 4. Section 9.31.020(D) is amended as follows: "Permit filing fee. At the time of filing the application for a permit under this section, a non-refundable fee in an amount established by resolution of the city council shall be paid to the finance director to cover the cost of investigation of the facts stated therein, and the cost of the identification card required to be carried by each solicitor. Such fee shall be paid by each business entity applicant on behalf of each person who shall actually solicit." SECTION 5. Section 9.31.020(H) is amended as follows: "Appeal procedure. Any person aggrieved by a denial of a noncharitable solicitation permit may appeal such denial to the city manager, or his or her designee pursuant to section 1.12.150, by filing a written request for an administrative hearing with the city clerk within ten days after service of notice of the finance director's decision. Upon receipt of a timely appeal, the aggrieved party shall be given notice of a hearing to be held before the city manager, or his or her designee, within 30 days of the date of said notice. The city manager, or his or her designee, shall bear the burden of proof and the appellate shall pay a non-refundable fee in an amount established by resolution of the city council for such appeal. the city manager, or his or her designee, shall render a decision within a reasonable amount of time not to exceed 60 days of the conclusion of the hearing. The decision of the city manager, or his or her designee, shall be final." Ordinance No. 931 — Page 2 of 3 Page 174 SECTION 6. Section 9.31.030(8) 1 is amended as follows: "No person shall solicit, or permit or cause any other person to solicit on said person's behalf, where it is represented that any proceeds of such solicitation are to be used for charitable purposes, or otherwise engage in any "solicitation for charitable purposes" or "sales solicitation for charitable purposes," as those terms are defined in Business and Professions Code § 17510.2, or any successor provision thereto, without first obtaining and being the holder of a valid charitable solicitation permit issued by the finance director." SECTION 7. Section 9.31.030(8) 2 is added as follows and items 2 through 8 in subsection B shall be re -numbered as 3 through 8: "Permit Filing Fee: At the time of filing the application for a permit under this section, a non-refundable fee in an amount established by resolution of the city council shall be paid to the finance director to compensate the city for the actual costs of the permit and identification cards required to be in the possession of each solicitor at all times while soliciting, and the cost of administering this chapter." SECTION 8. Section 9.31.030(E) is amended as follows: "Appeal Procedure. Any person, business entity or organization aggrieved by a denial of a charitable solicitation permit may appeal such denial to the city manager, or his or her designee pursuant to section 1.12.150, by filing a written request for an administrative hearing with the city clerk within ten days after service of notice of the finance director's decision. Upon receipt of a timely appeal, the aggrieved party shall be given notice of a hearing to be held before the city manager, or his or her designee, within 30 days of the date of said notice. The city manager, or his or her designee, shall bear the burden of proof and no the appellate shall pay a non-refundable fee in an amount established by resolution of the city council for such appeal. The city manager, or his or her designee, shall render a decision within a reasonable amount of time not to exceed 60 days of the conclusion of the hearing. The decision of the city manager, or his or her designee, shall be final." SECTION 9. The City Council declares that, should any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 10. Neither the adoption of this Ordinance nor the repeal of any other Ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof. SECTION 11. The City Clerk shall certify to the adoption of this Ordinance and shall cause it to be published in the manner required by law. Ordinance No. 931 — Page 3 of 3 Page 175 DATE: June 20, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Candyce Burnett, City Planner Vincent Acuna, Assistant Planner SUBJECT: CONSIDERATION TO ADOPT AN URGENCY INTERIM ZONING ORDINANCE ESTABLISHING A MORATORIUM ON THE ESTABLISHMENT OR EXPANSION OF CAR WASHES FORA PERIOD OF 45 DAYS. RECOMMENDATION: Staff recommends that the City Council adopt Urgency Interim Zoning Ordinance entitled "An Interim Zoning Ordinance of the City Council of the City of Rancho Cucamonga Enacted Pursuant to Government Code Section 65858 Establishing a Moratorium on the Establishment or Expansion of Car Washes, Declaring the Urgency Thereof, and Making a Determination of Exemption Under the California Environmental Quality Act" by four-fifths vote by title only. BACKGROUND: Pursuant to State law, Government Code Section 65858, a city may enact an interim Zoning Ordinance on an urgency basis to protect the public safety, health, and welfare by prohibiting any use(s) that may be in conflict with a contemplated change to a city's General Plan, Specific Plan, zoning requirements, or any such change that a city is intending to study within a reasonable period of time. If approved, the interim ordinance will be effective for a period of 45 days from the date of adoption, unless extended prior to the end of the 45 -day period. An urgency ordinance may be extended at a public hearing by a four-fifths vote of the Council. Within the past year, the City has received an increasing amount of inquiries regarding the development of car washes. As developable land become scarcer in the City, there is concern that the proliferation of car washes without further regulation could have adverse impacts on neighborhoods and result in significant, irreversible change to neighborhood and community character. Additionally, staff noticed a trend where existing full-service car washes are gradually converting to self-service or express service facilities. These raised questions of staff about how the Development Code regulates car washes and if a revision in standards was needed. ANALYSIS: There are three prevalent types of car washes: full service, express, and flex serve. Full service car washes are usually stand-alone facilities that employ a relatively large number of employees either to wash, hand wash, or detail vehicles. Express car washes are usually fully -automated facilities associated with gas Page 176 stations, and more commonly called drive-thru car washes. Older, unattended self-service car washes where customers wash, dry, and vacuum their own vehicles also fall within the express car wash category, as these types of facilities are typically unattended. Flex serve car washes combine the full service and express car wash models. Customers select a base wash package, drive through an automated wash tunnel, and are then given the option to add optional aftercare services, such as interior vacuum, waxing, and/or a tire shine. All wash customers stay in the vehicle through the automated wash cycle and proceed to vended vacuum stations. Customers who purchased aftercare services follow directional signage to an aftercare center where they turn over their car to an attendant and wait in a lobby while their vehicle is prepared. Flex service car washes usually employ less staff than full service car washes. There are currently no City-wide regulations in effect regarding the operational and locational standards for car washes of any type. There are currently 3 full service, 10 express, and 1 flex service car washes operating in the City, as outlined in the following table (see Attachment 1 for a map of all car washes. Note that car washes within '/2 mile from the City boundaries are also shown for context). NUMBER TYPE NAME ADDRESS 1 Full Service Los Osos Car Wash 10431 Alta Loma Dr. 2 Full Service Deer Creek Car Wash 10340 Foothill Blvd. 3 Full Service Rancho Car Wash 10075 Arrow Rte. 4 Express Grove Self -Service Car Wash 8761 Grove Ave. 5 Express Red Hill Car Wash (Self Service) 8285 San Bernardino Rd. 6 Express Sunrize Car Wash (Self- Service) 8601 Baseline Rd. 7 Express 7-11 Shell (Drive-Thru) 8118 Masi Dr. 8 Express Chevron 12659 Foothill Blvd. 9 Express Chevron 8075 Monet Ave. 10 Express Chevron 8801 Foothill Blvd. 11 Express Circle K 10550 Town Center Dr. 12 Express Circle K 6539 Milliken Ave. 13 Express Tesoro Arco 9280 Haven Ave. 14 Flex Serve Haven Car Wash 8777 Haven Ave. There is continued popularity of car washes among the public, as the convenience and relative low cost of getting a car wash continues to attract customers. Additionally, there are environmental benefits to modern car washes, as they utilize water recycling systems that consume less water than washing a car at home on a driveway. Trends in car wash development suggest a movement from full service car washes to express and flex -service car wash models (see Attachments 2 and 3). Recently, flex -service car washes have started to offer "all you can wash" programs, where customers are allowed unlimited, washes for a flat monthly fee. The relative affordability of this monthly fee could have the potential to encourage more frequent visits to a car wash. As previously noted, there is concern that the proliferation of car washes without further regulation could have adverse impacts on neighborhoods and result in significant, irreversible changes to neighborhood and community character, especially as developable land becomes scarcer in the City. Car washes are often noisy because among other noisy equipment, they require the use of large-scale, industrial vacuuming systems. Car washes also cause an increase in vehicular traffic in surrounding areas. These impacts can be particularly acute when car washes are located near residential uses and when multiple car washes are concentrated in a small area. Car washes surrounded by residential uses may have the potential to expose surrounding residents to excessive noise, as exhibited in one instance at the City of Page 177 San Luis Obispo (see Attachment 4). As car washes move from full service to express and flex service models, there is also concern that fewer on-site employees may result in less on-site oversight, and therefore less control of impacts that these facilities may have on adjacent properties. The Haven Avenue Overlay District prohibits car washing and detailing establishments within a half mile from the intersection of Haven Avenue Foothill Boulevard, and the intersection of Haven Avenue and 4th Street. Additionally, car washing and detailing establishments are also prohibited within a half mile of another car wash and/or detailing establishment. Except for the Haven Overlay Zoning District, the Rancho Cucamonga Municipal Code currently does not have City-wide development standards to mitigate impacts caused by car washes. Additionally, the City has not fully evaluated appropriate locations within the City where car washes should be permitted. Staff intends to study the issues associated with car washes in order to determine which locations are most appropriate for the use, and the types of development standards that should be imposed on their operation to mitigate any potential impacts. This includes reviewing land use definitions for car washes to determine if revisions are needed, evaluating all land use districts in which car washes are permitted for suitability and study development standards and best practices from other jurisdictions to determine if they would be appropriate City-wide. Staff believes that continued approval of entitlements, building permits, or other approvals for new or expanded car washes poses a current and immediate threat to the public health, safety or general welfare. Without further regulation of their location and operation, there is the potential for significant negative impacts by the development of new car washes or the expansion of existing car washes that cannot be mitigated. Staff presented this topic at the May 23, 2018 Planning Commission hearing, and the Planning Commission considered two options: The first option was to recommend to the City Council to enact an interim zoning ordinance establishing a moratorium on the establishment or expansion of car washes to allow staff to draft a permanent ordinance. The second option was to direct staff to evaluate impacts related to car washes and draft an ordinance without a moratorium. The Planning Commission reviewed each option presented by staff and understood staff concerns about the potential impacts to adjacent uses, particularly residential uses. During the hearing, The Commission recognized that there is a demand for these uses and a desire for the development of new car washes, but being proactive to prevent incompatibility between car washes and adjacent land uses was important as well. The Planning Commission agreed that the current development standards are inadequate to sufficiently address potential impacts of new car washes or expansions to existing car washes to surrounding areas, especially in residential neighborhoods (see Attachment 5, May 23, 2018 Planning Commission Minutes). The Planning Commission unanimously voted to recommend the City Council enact an interim zoning ordinance to establish a moratorium on the establishment or expansion of car washes. The Commission felt that potential impacts such as noise and traffic to neighborhoods could be severe, and determined that a moratorium would be appropriate to allow staff to further study the issue. The Commission further directed staff to draft permanent standards to be presented to the Planning Commission for consideration as quickly as possible, to reduce the impact of a moratorium on new car wash development. FISCAL IMPACT: NONE Page 178 COUNCIL GOAL(S) ADDRESSED: Enacting an interim urgency ordinance on car washes furthers the City Council's goal of enhancing Rancho Cucamonga's premier community status by appropriately regulating and reviewing car washes to ensure neighborhood compatibility and a high quality of development. ATTACHMENTS: Description Attachment 1 - Map of Car Washes in Rancho Cucamonga Attachment 2 -Article: Express Exterior Tunnel Carwash makes a Big Splash in Southern California Attachment 3 - Article: The Evolution of Express Exterior Car Washing Attachment 4 -Article: SLO Neighbors say this Car Wash is too Loud Attachment 5 — May 23, 2018 Planning Commission Minutes Attachment 6 — Urgency Ordinance Page 179 E 23rd St z n v �+ v_ W U w � f} Hillside Rd HillsideRd Cha/fey College Banyan St Baryan S= m Le marc A e m c � � s v s 6 elSt 19th 5t — 19th Sr o d Crapeland z � C U _ C£J'i2f0l paFk E 15:h S line St Base Line Rd Base Line Rd M Terra Yrsra Town PoctFnothill6ly Ce aICHO �a } &L—Rat. nx-11FPicerierArrow Rte { 14 North Cucamonga Cucamonga vit koat#d l a n d F Afro, a� } L U i E •1tih-Sr x O u, z vra�rroauu _ � .. 0 o rrrARIO 'OcroR,A GA'RDEM5 Foothill Blvd 7P Banyan St Banyan St �v ti LU - . _. W --I Pt E•4thSt4th•St 4 J7�afM17 � � 'd1i�5 2 l Valley BlVj - or TAW LIZ --image 180 COMM CANYO) c� � fat€ori C� ti4rilsan Atae Ridge Town Baseline Ave v 4 '.'EST END U Foothill Blvd Kaiser 0 Full -Service MExpress 1 Flex Serge Zeros indicate car washes within a half mile outside City boundaries Cerner SUMM NffGh': CAL LA. Rld. For 6/7/2018 Home Page Our Camuitants Mission Statement Jack Muellerleile Jack's r; & A Rage Testimonials FAQ_ Nein Stuff Useful Links Site Map EXPRESS Exterior Carwash concept makes a BIG SPLASH in Southern California EXPRESS Carwash SPLASH in Southern California!! washed car volume EXPRESS Exterior Tunnel Carwash sites a BIG Car Wash / Gas Station Consultant & Broker Jack Muellerleile Comments: Is the EXPRESS Exterior Carwash concept the answer to everybody's search for a high tech, high cash flow, low investment, low employee headcount retail business that delivers a frequently needed service on almost a completely self serve basis? Maybe so. At least all of Jack Muellerleile's carwash and gas station clients think so. While more than 50% of the nation's 22,000+ tunnel carwashes now feature this design, the concept is just starting to be noticed in the Los Angeles Basin. It has created a lot of excitement in Southern California and not a little anxiety for some like the coin -op crew who stand to get clobbered if one of these appears nearby and drains their customer base, which may occur in the not too distant future. Even the high end, full service carwash is losing customers (or some of their wash purchases) to this newest concept because it just can't compete with the "$ 5.00 -- 5 Minute — Free Vacuum" price point that they worry may create a loud sucking sound as it pulls customers off the street... most of whom are coming from the industry's largest untapped market segment... persons who wash their cars on the driveway at home or have no driveway since they reside in apartment buildings or mobile home parks. With well over 60% of the patrons women (many of whom have children in the vehicle), all of the traditional retail factors apply... plus the "PLeasant and Enjoyable Experience" factor becomes just as important as 'visibility' and 'accessibility' especially during those super busy peak volume hours. See the pictures below for a look at one of these well located, well designed, well run, high cash flow operations... and check out the CASH FLOW it is producing. NEWS FLASH posted on 06.13.14 A high washed car volume EXPRESS Exterior Tunnel Car Wash has appeared in the under -served Los Angeles Metropolitan Area Marketplace which ignored several rigid Site Criteria components... and is believed to be washing 17,000 cars monthly anyway! To see the unit and get the whole story, click here on It ignored the rules and got high washed car volume anyway. CONCLUSION: This sure shakes up the traditional EXPRESS Exterior Tunnel Carwash model Site Criteria! PS - There are now quite a few Los Angeles Metropolitan Area EXPRESS Exterior model carwashes cranking out big washed car volumes... even in "B" locations. Some of those are washing 22,000 or more per month. That's BIG BOTTOM LINE CASH FLOW. 22,000 x 12 = 264,000 per year x $6.60 average ticket = $1,742,400 Gross Revenue x 60% = $1,045,000 EBITDA before property taxes, ground rent (if any) & debt service (if any). Now $1,045,000 is SERIOUS CASH FLOW. Also, this is still a VASTLY UNDERSERVED marketplace so there will be lots of good sites for years to come. If you are interested in building a new -to -industry EXPRESS Exterior Tunnel Carwash of your own, hire Jack Muellerleile as your consultant in order to avoid about a year of'research time' as he can quickly march you up the learning curve with his own expertise and key referrals to other industry experts. You can call Jack at 714.220.1806 or email him at jrm@4VQP.com . To view a sampling of the EXPRESS Exterior units already up and running in the Los Angeles Metro Area Marketplace as of 08.31.14, click on SAMPLING and browse through the list which appears. I http://www.4vqp.com/newstuff/expressexteriorcarwash.html Page /M 6/7/2018 EXPRESS Exterior Carwash concept makes a BIG SPLASH in Southern California Another News flash!! On 05.31.16, Jack's latest ECW Site Selection Checklist was published. You can read it over by clicking on the link below: Jack Muellerleile's latest "Site Selection Checklist" plus a chart showing what constitutes high washed car volume (525 thru 1500 cars per wash day.) and the corresponding EBITDA (Earnings Before Interest, Taxes, Depredciation & Amortization) expected which ranges from $716,625 to $2,047,500 annually http://www.4vgp.com/newstuff/expressexteriorcarwash.html PagdMK 6/7/2018 EXPRESS Exterior Carwash concept makes a BIG SPLASH in Southern California http://www.4vgp.com/newstuff/expressexteriorcarwash.html Page/M 6/7/2018 EXPRESS Exterior Carwash concept makes a BIG SPLASH in Southern California http://www.4vgp.com/newstuff/expressexteriorcarwash.htmi Pag(PC4 6/7/2018 EXPRESS Exterior Carwash concept makes a BIG SPLASH in Southern California fd Pd n� Not http://www.4vgp.com/newstuff/expressexteriorcarwash.html Pag6/465 6/7/2018 EXPRESS Exterior Carwash concept makes a BIG SPLASH in Southern California http://www.4vgp.com/newstuff/expressexteriorcarwash.htmi Pag6/066 6/7/2018 EXPRESS Exterior Carwash concept makes a BIG SPLASH in Southern California http://www.4vgp.com/newstuff/expressexteriorcarwash.html Page/W 6/7/2018 EXPRESS Exterior Carwash concept makes a BIG SPLASH in Southern California http://www.4vgp.com/newstuff/expressexteriorcarwash.htmi Pag4/M 6/7/2018 EXPRESS Exterior Carwash concept makes a BIG SPLASH in Southern California http://www.4vgp.com/newstuff/expressexteriorcarwash.html Pag(Y/M 6/7/2018 EXPRESS Exterior Carwash concept makes a BIG SPLASH in Southern California http://www.4vgp.com/newstuff/expressexteriorcarwash.htmi PagW/490 6/7/2018 EXPRESS Exterior Carwash concept makes a BIG SPLASH in Southern California http://www.4vqp.com/newstuff/expressexteriorcarwash.htmi Pagt X491 6/7/2018 EXPRESS Exterior Carwash concept makes a BIG SPLASH in Southern California http://www.4vgp.com/newstuff/expressexteriorcarwash.html Pag'4/492 6/7/2018 EXPRESS Exterior Carwash concept makes a BIG SPLASH in Southern California JRi i � Q http://www.4vgp.com/newstuff/expressexteriorcarwash.html Pagl@/M 6/7/2018 EXPRESS Exterior Carwash concept makes a BIG SPLASH in Southern California 4 4 http://www.4vgp.com/newstuff/expressexteriorcarwash.htmi PagW/494 6/7/2018 EXPRESS Exterior Carwash concept makes a BIG SPLASH in Southern California Want more information about lack Muellerleile? Jack's "Linkedln Profile" may accessed at Linkedln by going to its website and using this URL: https://www.Iinkedin.com/profile/preview?locale=en US&trk=prof-0-sb-preview-primary_ button to locate the page containing his profile. Research collected on the AMAZING Southern California rush to the EXPRESS Exterior Carwash concept includes the following: - 141% Cash on Cash Return on Investment (ROC) First 30 mos. Washed Car Volume & est. Cash Flow at above unit - rev.03.18.11 - Capital Requirements & How Funded Why do they appeal to customers? How are they financed? Coast Commercial Credit Program Overview - Sample Site Plans? For large and small properties click on the numbers below: #1 #2 #3 #4 #5 #6 #7 #8 #9 #10 #11 #12 #13 #14 #15 #16 #17 #18#19 #20 #21 #22 - Demographics & Site Selection Proforma Data Requirements How to develop one of these - See pictures of one of these "cash cows" http://www.4vgp.com/newstuff/expressexteriorcarwash.html Pag'16/495 6/7/2018 CELEBRATING OUR ANNIVERSARY Ic The evolution of express exterior carwashing I Professional Carwashing & Detailing f in W q PROFESSIONAL r fi+ r SEWW CAR CARE OVMRS& OBER MS IIHIVVCtitVC CARWASH CONVEYORS AND TUNNELS FEATURES STARTING A CARWASH THE EVOLUTION OF EXPRESS EXTERIOR CARWASHING Past revolutions have spurred the industry to its present success. ri MEAGAN KUSEK — SEPTEMBER 21, 2017 SHARE ON: f If S+ IP in OR http://www.carwash.com/evolution-express-exterior-carwashing/ Page/11436 6/7/2018 The evolution of express exterior carwashing I Professional Carwashing & Detailing johnbloor/SignaturehStock Did you know that the professional carwashing industry is over 100 years old? If you did not, you are not alone. Often, new investors do not realize that the industry is as old as it is, but it makes sense why they might think that way. The latest professional carwashing craze lies in the express exterior format (and, by close association, the flex -serve model). While exterior -only carwashes have been around since the 1960s, a series of technological evolutions caused a spur in growth for these types of washes during the 1990s. However, according to Kevin Detrick, who is the president of Innovative Control Systems (ICS), the first express model using automation didn't come online until as recently as 2001. http://www.carwash.com/evolution-express-exterior-carwashing/ Pag@/1197 6/7/2018 The evolution of express exterior carwashing I Professional Carwashing & Detailing 154:14:1 :1:Mi111► Ce'[W111 i1 ANNIVERSARY ICSH Innovative Control System After the introduction of that first express exterior model, the face of modern carwashing changed into what we see today, and all of the experts we interviewed for this article agree: This is the model with the greatest momentum. A peek into the past The International Carwash Association (ICA) celebrated the industry's 100th anniversary in 2014, memorializing the fact that in 1914, Frank McCormick and J.W. Hinkle opened the first production line carwash, named Automobile Laundry, in Detroit, Michigan. However, carwashes at this time were all full service and hand labor. It was not until the 1940s that carwashing became even semi -automated. The first automatic (i.e., non -manual) conveyor carwash opened in Hollywood, California, in 1940. Todd Davy, director of sales for DRB Systems, says at that time, attendants soaped, scrubbed, rinsed and then dried a car as it was pulled through a tunnel with a winch hooked onto the bumper. Automated washing continued to evolve in 1946 when Thomas Simpson opened a carwash with a conveyor belt, an overhead water sprinkler, manually operated brushes and a 50 -horsepower blow dryer, Davy adds. Related: Infographic: Carwash history timeline "Then, in the late 1940s and early 1950s, the height of classic American road culture came to be," notes Dan Pecora, owner of Erie Brush & Manufacturing. "You had flashy hotrods sporting white -wall tires, and a gallon of gasoline cost less than a quarter." It stands to reason that the introduction of more cars on the road led to more carwash business. But, since carwashes were all full service, washing was a time-consuming process; in addition, since customers exit their cars at full service locations and stay in waiting areas, "It sometimes put the customer's prized automobile in the hands of a young, inexperienced driver," Pecora adds. http://www.carwash.com/evolution-express-exterior-carwashing/ Pag@/1198 6/7/2018 The evolution of express exterior carwashing I Professional Carwashing & Detailing r r Need Market Intelligence? Click here to purchase the Professional Carwashing Industry Report. After visiting numerous carwashes selling hog's hair brushes, Pecora recounts, his father, Carlo Pecora, engendered the idea of a carwash that specialized in exterior washing only. In 1963, father and son opened Automat of Appleton in Appleton, Wisconsin, the first exterior -only carwash in North America, according to Pecora, and, "It changed the whole industry," he says. Becoming flexible Pecora acknowledges that there was an unexpected result from beginning the exterior carwashing phenomenon. "In the 1960s, the carwash industry thought people wouldn't wantjust the outside of their cars washed. But [exterior carwashing] became extremely popular because a lot of people just wanted the outside of their cars washed," he explains. "They didn't want the inside of their cars washed or touched. It was a demand that we didn't know about [until 1963] because there were no exterior carwashes at the time." As such, Pecora notes, there were no flex -serve carwashes until the late 1960s. A flex service model presented two options to a customer: a traditional full service route or the newer exterior -only route. "Flex -serve grew out of a consumer need for getting interior cleaning done only when they needed it," Davy states. At full service locations, he adds, lines would back up, since the cars waiting for just an exterior wash would have to wait for those getting their interiors cleaned. "Rather than wait, those exterior -only customers would go elsewhere — to a self-service location or wash at home in the driveway," Davy explains. "At flex service carwashes, all consumers go through the wash tunnel first, and then those that choose to have their interior cleaned can go to a separate aftercare area." According to Paul Fazio, CEO of SONNY'S The CarWash Factory, in the early days, some flex -serve style facilities developed because, while the carwash owner truly wanted a full service carwash, constraints on the property created the necessity of laying out the site so that the vacuuming, wiping and other hand -detailed areas would be completed at the exit of the facility, much like the flex -serves of today. Fazio personally remembers that there were flex -serve models built in the 1980s that garnered some industry attention. http://www.carwash.com/evolution-express-exterior-carwashing/ Pag6/11199 6/7/2018 The evolution of express exterior carwashing I Professional Carwashing & Detailing However, it would be many years yet before the express exterior model as we know it today arrived on the scene, and with it, the modern-day flex -serve model. Getting into the express lane According to Detrick, Benny's Car Wash, which opened in Baton Rouge, Louisiana, in 2001 was the first express model using automation that included having an automated pay terminal. This carwash was the express model we have come to know today. In addition to the automated kiosk — for cash or credit payments — it had a gate that would raise and allow cars to join the wash queue; a moving conveyor belt to provide hand -finished services and detailing in order to expand the service offering; as well as just one or two attendants at the wash's entrance who simply guided the car onto the conveyor. "Benny's and ICS co -developed the express phenomenon," Detrick adds. While Benny's provided the the concept's inspiration and carwash site for testing, ICS wrote the program and coordinated the gates to work in conjunction with the software and the payment terminals. It took two years to tweak the process and complete it, but in the meantime, they made sure to show it off. Fazio recollects, "I saw the introduction of express exterior here in the U.S. From what I remember, [Benny's] was successful from the beginning. As is typical with [the owner,] Ben Alford, he invited anyone who was interested in seeing and understanding the model. In fact, I remember Ben having several events at the site so that operators could come, visit the site and enjoy a catered lunch at the wash. I think that is a big reason that the model became so prevalent in the Southeast." In fact, according to IBISWorld Industry Report 81119a, the Southeast is the top destination for new investors, and approximately 22.2 percent of carwashes in the U.S. are located in this region. The Southeast also has the largest share of passenger vehicles in the country, the report adds, accounting for 23.9 percent of the nation's total. The Great Lakes and West (coastal) regions place second and third in the nation for total carwashes, coming to 17.9 and 16.9 percent respectively. The growth of express carwashing All of the experts we interviewed for this article agree: The express exterior market is thriving and growing. With its low labor costs and easy replication, most of the new washes built today are following this model. "It is not uncommon to see an operator with four, six or even 10 locations because labor is no longer a bottleneck to success," Detrick explains. Related: Carwash industry growth and emerging competition signals profits for existing owners Fazio notes that the last time the market hit a high for equipment sold was in 2007, just before the Great Recession; in 2017, he adds, SONNY'S believes the number of equipment sold will be 50 percent higher than in 2007, and the company sees the trend continuing with about 10 percent growth per year in the near future. http://www.carwash.com/evolution-express-exterior-carwashing/ Pag6/2D0 6/7/2018 The evolution of express exterior carwashing I Professional Carwashing & Detailing So, what is drawing customers to express sites so much that this revolutionizing of the industry is taking place? One of the primary reasons, Pecora notes, is that carwashing equipment is so much better than before and the operation is much smoother. Due to inferior technology, cars were more apt to be damaged in automatic carwashes in the past, and people were afraid of taking their sizeable investments there. Nowadays, Pecora states, "Your car is brought onto the conveyor gently. There's no jerking. When you go through the carwash, your car is washed gently. Then you go to the end of the carwash, the water is blown off well, so there are no water spots on the car. This just was not the case years ago." What has also helped the growth of express carwashing is the simultaneous technological revolution taking place. More and more people have access to technology that was only a dream just a couple decades ago. Smartphones, for instance, have allowed the average person to become familiar and comfortable with touchscreen technology. This has allowed carwash payment kiosks, for example, to utilize customers' feelings of ease about conducting automated, touchscreen purchase transactions to create a better and more efficient carwash experience. In addition, new upgrades to the retail experience, such as better site lighting, digital signage and menus, digital marketing, online account management for customers and more have impacted the success of express and flex carwash sites. Furthermore, the addition of free vacuums and monthly club programs are growing profit margins for operators, allowing them to reinvest in multiple locations. Davy claims, in fact, that the biggest game -changer for express exteriors has been the introduction of the unlimited wash program. "This developed a recurring revenue stream for the carwash, removing some of the dependencies on weather," he notes. "It also created a better loyalty structure for the carwash customer — once the customer joins an unlimited plan at a carwash, they are highly unlikely to wash their car anywhere else." The future for express exteriors looks bright indeed, and our experts are optimistic that it's only going to improve. "The growth the conveyorized niche of the industry has seen since 2010 is unlike anything I have seen in my 36 years in the industry," Fazio concludes. "If you just look at the attendance at the trade shows the last few years, it is easy to see the interest and excitement that our industry is generating at this time. It is a very different industry today than [the one] I grew up in." TAGS: EXPRESS CARWASHES 12it01111l,1111,11 Car care of the future Market Focus: NCS forges new partnership http://www.carwash.com/evolution-express-exterior-carwashing/ Pagg/2b1 6/7/2018 SLO Quiky Car Wash is too loud, neighbors complain to city I The Tribune LOCAL SLO neighbors say this car wash is too loud, and they want the city to do something BY NICK WILSON nwilson@thetribunenews.com March 26,2018 12:08 PM Updated March 26, 2018 01:43 PM The noise coming from a San Luis Obispo car wash has neighbors bothered and restless, and they want the city to help reduce the disturbance. Quiky Car Wash at 2959 Broad St. — owned and operated by the real estate company Westpac — is situated near Rockview Place residences where about 50 people say they are disturbed routinely by the noise of blowers and vacuums. Quiky's general manager, however, says it's in compliance with city -permitted levels, citing a noise test conducted by a hired consultant. http://www.sanluisobispo.com/news/local/article206564359.html Page12-02 SLO Quiky Car Wash is too loud, neighbors complain to city I The Tribune ADVERTISING inRead invented by Teads The car wash operators also say they're willing to work with neighbors to offer landscaping buffers to help cut down the noise. Breaking News Be the first to know when big news breaks Enter Email Address I'm not a robot reCAPTCHA Privacy - Terms SIGN UP The machines face the residences to the back and the side of the business. The car wash operates from 7 a.m. to 7 p.m. in the summer and 7 a.m. to 6 p.m. in the winter, according to general manager John Singh. Neighbors are asking for a 9 a.m. to 5 p.m. schedule, among other changes. http://www.sanluisobispo.com/news/local/article206564359.html Page22-03 6/7/2018 SLO Quiky Car Wash is too loud, neighbors complain to city I The Tribune "The machinery does not stop," said Jermaine Washington, president of the Broad Rockview Place Homeowners Association. "It's on a constant cycle, operating almost 12 hours a day, with cars coming in and out. The noise is excessive and in violation of city standards." �l Jermaine and Ellie Washington live behind Quiky Car Wash and are bothered by the noise. "The machinery does not stop," Jermaine Washington said. "It's on a constant cycle, operating almost 12 hours a day, with cars coming in and out. The noise is excessive and in violation of city standards." David Middlecamp - dmiddlecamp@thetribunenews.com Sara Mikkelson, a resident of the nearby Rockview Court Homeowners Association, said that she has opted against making any improvements to her home's outdoor patio space because it's too noisy to enjoy. She also keeps her windows shut. "My issues with the car wash are the noise and the drop in my property value since it opened (in 2010)," Mikkelson said. "It's considerable. Nobody wants to live behind that." http://www.sanluisobispo.com/news/local/article206564359.html Page�04 6/7/2018 SLO Quiky Car Wash is too loud, neighbors complain to city I The Tribune The car wash has a pending noise violation cited by the city, its third in the past six years. The business also was cited last year for use of non -permitted equipment, which was then removed and replaced with a new drying system, according to city records. Past violations were resolved after the business provided noise tests showing it was in compliance. However, city officials recently conducted noise testing that showed the business exceeded the permitted 60 decibels at the bordering residential properly line, said Community Development Director Michael Codron. "We did our own tests and found a violation with our own equipment that is relatively basic," Codron said. "The business went and had a professional study done, and the owner showed they're in compliance." _---__-__- Neighbors near a Broad Street car wash in San Luis Obispo have filed complaints with the city that the drying system is too loud. The exit funnels sound from the dryers into the residential neighborhood for much of the day. David Middlecamp - dmiddlecamp@thetribunenews.com http://www.sanluisobispo.com/news/local/article206564359.html Page,05 6/7/2018 SLO Quiky Car Wash is too loud, neighbors complain to city I The Tribune The car wash's tests showed decibel ranges between 55 and 57, Singh said. The business uses a 30 -horsepower motor that blows air to dry cars, and Quiky recently added a motor silencer package, Singh said. "We actually took care of that issue over the past few weeks," Singh said. "We replaced the unit that was making the noise." The city's next steps are to try to seek compromise between the business and neighbors about how to resolve the noise issues, possibly through mitigation improvements by the owner. And the city also will review the property's use permit conditions to see if adjustments are needed. That could include reducing the hours of operation or other measures. CAR WASH {� �.H+c waziM tNJRNNC� Neighbors who live behind the Quiky Car Wash on Broad Street say the noise from the drying fans is a regular disturbance. David Middlecamp - dmiddlecamp@thetribunenews.com http://www.sanluisobispo.com/news/local/article206564359.html PageW6 6/7/2018 SLO Quiky Car Wash is too loud, neighbors complain to city I The Tribune Singh said the business is willing to plant shrubs or other landscaping to help block sound "as quickly as we can get it done." But Singh added that reduced hours of operation aren't on the table, contending that people need later or earlier hours to wash their cars around their work schedule. Washington believes the best remedy will be converting the business to a manual drying operation; the city's process has been frustrating because past administrative citations haven't solved the problem. "Our bedroom is upstairs, and we hear the sounds every day," Washington said. "The business wasn't designed well. It should have been facing Broad Street, not the homes.. But here we are now, and the best solution is for it to be manual." The Planning Commission also is expected to address the issue, but a hearing date has yet to be set. Nick Wilson: 805-781-7922, Ca Nick Wilson Trib Q COMMENTS v SUBSCRIPTIONS Start a Subscription Customer Service eEdition Vacation Hold Pay Your Bill Rewards http://www.sanluisobispo.com/news/local/article206564359.html PageER7 6/7/2018 SITE INFORMATION About Us Contact Us Newsletters News in Education Archives SOCIAL, MOBILE & MORE Text News Alerts Mobile & Apps Facebook Twitter YouTube Instagram ADVERTISING Place a Classified Ad Advertise with Us Shopping Local Deals Public Notices MORE Copyright Privacy Policy Terms of Service SLO Quiky Car Wash is too loud, neighbors complain to city I The Tribune http://www.sanluisobispo.com/news/local/article206564359.html PageM8 ro*-,7�0 MAY 235 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 7:00 PM Pledge of Allegiance Roll Call: Chairman Oaxaca X Vice Chairman Macias X Commissioner Guglielmo X Commissioner Munoz _X Commissioner Wimberly _X Additional Staff Present: Candyce Burnett, City Planner, Nick Ghirelli, Assistant City Attorney, Brian Sandona, Associate Engineer, Jennifer Nakamura, Associate Planner, Dominick Perez, Associate Planner, Lois Schrader, Planning Commission Secretary; Vincent Acuna, Assistant Planner and Gianfranco Laurie, Sr. Civil Engineer 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. None C. CONSENT CALENDAR/HISTORIC PRESERVATION COMMISSION I Page 1 of 7 Page 209 �0 I rioto MAY 235 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA 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 Workshop Minutes of May 9, 2018 C2. Consideration to adopt Regular Meeting Minutes of May 9, 2018 C3. CONSIDERATION OF THE CITY OF RANCHO CUCAMONGA CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2018/19 Moved by Wimberly, seconded by Guglielmo, carried 5-0 to adopt the Consent Calendar as presented. 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. D1. CAR WASH LAND USE REGULATIONS Vincent Acuna, Assistant Planner gave the staff report and PowerPoint presentation (copy on file). Commissioner Wimberly said from the report it would seem there are many requests for car washes. He asked if this implies we have not handled the use properly in the past. Jennifer Nakamura, Associate Planner said there has been an increase of inquiries in the last 6-12 months. She said some are interested in zone changes to make the zone compatible for a car wash, and in some cases, they are requesting to use remnant commercial property that is adjacent to residential. She said it is a variety of situations and staff believes we need to dive deeper to determine the highest and best use of the land. She noted some benefits but also noted the use causes noise and traffic and does not generate many jobs. She pointed to Page 2 of 7 Page 210 MAY 235 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA one example in San Luis Obispo adjacent to homes. She said the noise studies says one thing, and appears to meet code, but people living close by see it differently. She said staff wants to address these kinds of things. She said the use has heavy short-term impacts often during certain times of day. Commissioner Guglielmo asked if there will be a needs analysis study. He asked if staff will consider the demand for flex style car washes. Ms. Nakamura said we could, and consider distance requirements, best practices from other jurisdictions as well as the solutions they may have discovered. She said we may not look deeply at different types of carwashes but more likely to look at overall impacts. She said the Development Code standards can also shift. Commissioner Guglielmo asked what is the likelihood of needing the extension to 1 -year. Ms. Nakamura said we typically request up to a year but staff would move to Council as soon as it is ready. Nicholas Ghirelli, Assistant City Attorney noted the Government Code only allows the initial 45 days and then Council can approve an extension if they determine it is needed. Commissioner Macias asked if there is enough information to preclude the 45 days. He wanted to know if the changes could be made within the 45 -day moratorium. He said the demand is there for the use; people will use it. He said it is important to create standards and thresholds that directly relate to washing cars and related mitigation measures. He said he is comfortable with what staff wants to do. He commented that he takes his cars all the time -they are noisy, busy, and they create traffic. He said staff is correct, this is a big deal. He said the entrepreneurship/demand is there but there is nothing wrong with being proactive. He said he supports Option 1. Ms. Nakamura said given the legal noticing and environmental review requirements, it is difficult, if not impossible to complete changes within 45 days, which is why we typically request an extension. Commissioner Wimberly asked if the operating hours are part of proposed conditions in a Conditional Use Permit. Page 3 of 7 Page 211 �0 I rioto MAY 235 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Ms. Nakamura confirmed that we currently do consider this but when a problem or complaint arises it is difficult for Community Improvement to know each set of conditions of approval set for each business. She said it would be far easier for them to enforce if they were all the same. Chairman Oaxaca noted staff is looking for guidance. He said he agrees with Commissioner Macias. He said it sounds like the current process does not give staff a comfort level to deal with some of these requests for car washes. Ms. Nakamura added that standards for a CUP are fairly general but more stringent regulations such as considering distance, zone, a change or reduction of zones gives more tools for us to work with. Chairman Oaxaca noted that right now they are allowed in about 6 zones. He agreed that at least a 45 -day moratorium would be needed to study this. Ms. Nakamura said we want to look at all the land uses, land available, and possible areas to shift zones. She said it may all be ok but we may add a distance requirement from other sensitive uses for example. She said these are the things staff will explore during the process. Commissioners Munoz indicated he supports Option 1, Commissioner Guglielmo agreed. He noted staff has a challenging task in a short timeframe. He said he does not want to discourage businesses. The consensus of the Commission is to support Option1 with a possible extension to 1 -year and staff will bring a final ordinance forward when it is ready. Chairman Oaxaca said he appreciates staff being proactive. The Secretary received and filed the report. E. COMMISSION BUSINESS/HISTORIC PRESERVATION AND PLANNING COMMISSION INTER -AGENCY UPDATES: Page 4 of 7 Page 212 MAY 235 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA COMMISSION ANNOUNCEMENTS: Commissioner Munoz said we should remember and respect our veterans who sacrificed for our great nation. Vice Chairman Macias mentioned he is President of the Public Art Committee and that his placement on the committee is meaningful to him as he is an artist and has had his works displayed at the Cultural Center. He noted the remaining membership of the committee is Linda Bryan, Leslie Matamoros, Lauren Verdugo, John Machado. He said they have to decide how to move forward. He noted they have about $20,000 consultant money and they are currently looking for a consultant that knows art well. He said they will meet again in July. He said he advised the committee that as development occurs, they are to work closely with the Planning Department. He also congratulated staff for winning a sixty -million -dollar grant for the Etiwanda overpass. G. ADJOURNMENT 7 --in PR 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 May 17, 2018, seventy two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. Lois J. Schrader Planning Commission Secretary City of Rancho Cucamonga Page 5 of 7 Page 213 MAY 237 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA 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. 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 Page 6 of 7 i Page 214 ro*-,7�0 MAY 235 2018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA 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 $2,725 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.CitvofRC.us. Page 7 of 7 Page 215 ORDINANCE NO. ### AN INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ENACTED PURSUANT TO GOVERNMENT CODE SECTION 65858 ESTABLISHING A MORATORIUM ON THE ESTABLISHMENT OR EXPANSION OF CAR WASHES, DECLARING THE URGENCY THEREOF, AND MAKING A DETERMINATION OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT A. Recitals. (i) The City is responsible for adopting and implementing land use regulations within its boundaries. The Rancho Cucamonga Municipal Code generally regulates the entitlement, establishment and operation of car washes within the City. (ii) The proliferation of car washes throughout the City without due consideration presents an immediate threat to public health, safety or welfare. Car washes are often noisy because, among other noisy equipment, they require the use of large-scale, industrial vacuuming systems. Car washes also cause an increase in vehicular traffic in surrounding areas. These impacts can be particularly acute when car washes are located near residential uses and when multiple car washes are concentrated in a small area. (iii) Except within the Haven Overlay Zoning District, the Rancho Cucamonga Municipal Code does not specify development standards to mitigate impacts caused by car washes. Although car washes are generally limited to commercial zones upon issuance of a conditional use permit, the City has not developed a comprehensive set of development standards for car washes and has not fully evaluated appropriate locations within the City where car washes should be permitted. (iv) The City intends to study the issues associated with car washes in order to determine which locations are most appropriate for the use, and the types of development standards that should be imposed on their operation to mitigate noise, traffic, and other impacts. Within the Haven Overlay Zoning District, for example, car washes are prohibited within one-half ('/2) mile of the Foothill Boulevard/Haven Avenue and the 4th Street/Haven Avenue intersections. Car washes are also prohibited within one-half ('/2) mile of another car wash. During this moratorium, the City intends to evaluate whether such restrictions, and other development standards, would be appropriate City-wide. (v) After undertaking this study the City intends to enact regulations specific to car washes. The City intends to undertake the required study within a reasonable time. In the interim, the City Council finds it necessary to establish a moratorium on the development of new car washes or the expansion of existing car washes in order to prevent a conflict with the contemplated new policies or regulations. (vi) Absent the passage of this Interim Ordinance, continued approval of entitlements, building permits, or other approvals for new or expanded car washes poses a Ordnance No. — Page 1 of 3 Page 216 current and immediate threat to the public health, safety or general welfare. If this Interim Ordinance does not become effective immediately, but instead becomes effective thirty (30) days after a second reading, there is a risk that further harm will be done to prevent the orderly development of car washes in the City. There is therefore an urgent necessity for the City to establish a moratorium on the establishment of new car washes and the expansion of existing car washes to take effect immediately. This requirement is intended to provide the City with an opportunity to evaluate and modify its zoning provisions in order to promote the appropriate development of car washes in the City. (vii) Due to the foregoing circumstances, the City Council finds and determines that the immediate preservation of the public health, safety, and welfare requires that this Interim Ordinance be enacted pursuant to Government Code sections 36934, 36937 and 65858, and that it take effect immediately upon adoption, and its urgency is hereby declared. B. Ordinance NOW, THEREFORE, the City Council hereby ordains as follows: Section 1. Legislative Findings. The City Council finds that the facts set forth in the Recitals, Part A, of this Ordinance are true and correct and, based on such facts and the entirety of the record before it, further finds that the establishment and operation of any new car wash or the expansion of any existing car wash within the City before the City has a chance to study current impacts and potential regulation would result in adverse impacts, constitute a nuisance, and present a risk to the public health, safety, and welfare. Section 2. Moratorium Established. Notwithstanding any other ordinance or provision of the Code, the City Council hereby establishes a moratorium on the development of new car washes and the expansion of existing car washes in all zoning districts within the City. During the period of this moratorium, no application for a car wash development or use or any other entitlement or building permit relating to a car wash development or use shall be accepted, issued or approved. For the purposes of this Interim Ordinance, a "car wash" shall have the same meaning as a "car washing and detailing" use under Rancho Cucamonga Municipal Code Section 17.32.020.F.7. "Car wash" shall also include an automatic car wash that provides drive-in or drive-through service pursuant to Rancho Cucamonga Municipal Code Section 17.32.020.E.22. It shall not include temporary car washes, such as fundraising activities generally conducted at a service station or other automotive -related business, where volunteers wash vehicles by hand and the duration of the event is limited to one day. Section 3. Ordinance is Supplemental. This Interim Ordinance is additional to and supplemental to, and shall not affect, except as specifically provided herein, any provision of the Rancho Cucamonga Municipal Code, which shall be operative and remain in full force and effect without limitation. Section 4. Term. This Interim Ordinance shall take effect on June 20, 2018, and shall remain in effect for a period of 45 days from the date of publication in accordance with California Government Code Section 65858, and shall expire, and the prohibition established hereby shall terminate, forty-five (45) days after the date of adoption unless extended by the City Council pursuant to California Government Code Section 65858. Ordnance No. — Page 2 of 3 Page 217 Section 5. Immediate Effect. This Interim Ordinance is an urgency ordinance for the immediate preservation of the public peace, health, and safety within the meaning of Government Code sections 36934, 36937 and 65858, and therefore shall become effective immediately upon its adoption if passed by a minimum four-fifths (4/5) vote of the City Council. Section 6. CEQA. The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption of this Interim Ordinance, and the zoning provisions established hereby, may have a significant effect on the environment, because the Interim Ordinance will impose greater limitations on development in the City, and will thereby serve to eliminate potentially significant adverse environmental impacts. It is therefore not subject to the California Environmental Quality Act review pursuant to Title 14, Chapter 3, Section 15061(b)(3) of the California Code of Regulations. Section 7. Penalty. Violation of any provision of this Interim Ordinance shall constitute a misdemeanor and shall be punishable by a fine not to exceed one thousand dollars ($1,000) or by imprisonment for a period not to exceed six (6) months, or by both such fine and imprisonment. Each and every day such a violation exists shall constitute a separate and distinct violation of this Interim Ordinance. Section 8. Civil Remedies. The violation of any of the provisions of this Interim Ordinance hereby adopted shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances. Section 9. Severability. The City Council declares that, should any provision, section, paragraph, sentence, or word of this Interim Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Interim Ordinance shall remain in full force and effect. Ordinance. Section 10. The City Clerk shall certify to the adoption of this Interim ATTEST: L. Dennis Michael, Mayor Janice C. Reynolds, City Clerk I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was passed by a 4/5 vote at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 20th day of June, 2018, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: Ordnance No. — Page 3 of 3 Page 218 Car Wash Land Use Regulations June 20, 2018 Car Washes in Rancho Cucamonga Hillside Rd Hillside Rd E 23rd St CCvfMge 2 rl Banyan St Banyan Sc a 3 - Lemon A e 4 Z l St 19th 5t = 19Fh Sr e slr Grapeland = C"t'l Park 157+3: inec-a._,ii-.e Rd Base Line Rd • M 7errra E FA�� V, ND Fnathill BIV Cerate u Hl] Fdcty;LL,g�'la � a f� C h p ho © ngc ¢ Epicertter }Ian FA:rovrHwt• v Armw Rte m Yaemonga ® a 14 ' — Cucamonga ab r North Cucamonga a 9 a r •13i St Q A n WCTO A. GAROEIIS Banyan St Bany—st ~tt� I P� 1 �� lcon Wil— Ave G Ridge r T­ �Ff Cermr /i Hunan! SUM Basel i ne Are L NIESr ENS Fnathill 131vd w Kaiser 0 Full -Service mExpress Y Flex Serve °wi lcy Btvd; Zeros indicate car washes w within a half mile outside City boundaries Full Service Car Wash • Usually stand-alone facilities • Employ a relatively large amount of employees for wash, hand wash, and/or detailing services ESTH ;O: M Express Car Wash •Usually associated with Gas Stations (drive-thru) • Fully Automated or self-service • Requires little or no staff M Flex Serve Car Wash • Combine full service and express car wash models • Fully -automated drive thru wash with staffed aftercare services, such as detailing and wax • Usually employ less employees than full service car washes • Car wash industry trending towards flex -service model Issues Benefits • Convenience • Relatively Low -Cost • Use less water than washing a car at home, due to use of recycled water Concerns • Noise, especially when located near residential or business uses • Vehicular traffic • Trend towards flex serve car washes may mean less employees and therefore less oversight Current Regulations • Currently conditionally permitted in: • Office Professional (OP) • Neighborhood Commercial (NC) • General Commercial (GC) • Commercial Community (CC) • Regional Related Commercial (RRC) • Haven Avenue Overlay District • Conditionally permitted with the Haven Overlay with additional restrictions: • Car washes prohibited within % mile from the intersections of Haven/Foothill and Haven/4th • % mile buffer required between car washes • Regulations are not consistent across the City Why update regulations? • RC does not have consistent, comprehensive development standards for car washes • Less developable land may mean car washes in infill areas can cause significant, irreversible impacts that cannot be mitigated • Balance the need for car washes across the City with the impacts to surrounding development through the establishment of specific development and operating requirements Planning Commission • Staff presented topic during the May 23, 2018 Planning Commission meeting • The Commission recognized the demand for car washes, but also cited the importance of being proactive in addressing issue • Concerns about impacts to traffic and noise were important and valid • Asked staff to work quickly to cause minimum disruption to development • The Commission voted unanimously to recommend an interim ordinance to City Council Goals for a Permanent Ordinance • Review land use districts most appropriate for car washes • Create consistent development standards for the operation of car washes to mitigate potential impacts • Review land use definitions for car washes • Staff intends to return to the Planning Commission later this year to present recommendations Pu W% C.O^rr + : SAAF6 sp4 ayee ■ San Bernardino county Superintendent of Schools Transforming lives through education June 12, 2018 Planning Department City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 RE: General Plan Amendment & Zone Change 9760 Arrow Route Rancho Cucamonga, California Dear Madam/Sir: Ted Alept • _t i- County $uf it tendent As the owner's representative of the property at 9782 Arrow Route, Rancho Cucamonga (APN: 0208-291-01) this letter gives authorization to Pete DeJager and Alan Smith to include the property owned by San Bernardino County of Education in the project to be rezoned with a CG designation through General Plan Amendment Zone Change with related analytical processes. Please call me at (909) 386-9669 regarding any questions, Sincerely, David 0. Reck OVERVIEW There is not one true water conservation -based Express Car Wash that exists in the City of Rancho Cucamonga. New Express Facilities Recycle up to 86% of water used, plus use LED lights throughout, and solar roof panels. If there was any concern for noise, traffic etc., the City staff would have sited issues or complaints for the 14 existing car washes listed. After our contact with Rancho Cucamonga Police and the City Hall, there are no documented complaints. This proves that the existing system in place works, is effective, and confirms there is no need for a moratorium. NOTE: Rancho Car Wash (10075 Arrow Route) has apartments on two sides and still has no documented complaints. Not approving a new car wash or any new business without providing proper professional studies (Sound, Traffic, etc.), is not common practice, however, the City has already incorporated that into its Code and processes. Car Wash Industry Definitions FULL SERVICE (LONG TUNNEL) Business is usually free standing. Customer exits car at Entrance. Car wash employee drives consumers car into tunnel and also drives it out after wash, car is unmanned as conveyer pulls car through tunnel, an employee is assigned to each car for vacuuming and car is hand -dried. Time-consuming, employee labor-intensive, and costly for consumer. AUTOMATED (ROLL OVER) Approximately 30' average short tunnel. Often incorporated as part of a gas station. Customer stays in car (car stays stationary) and has the option to pay for a self- service vacuum. Wash is fast, fair, minimally labor intensive for consumer (vacuum), and inexpensive. SELF-SERVICE Customer pays and customer washes own car with option to pay for self service vacuum (no employees), unmanned business to help ward off any issues, time consuming and labor intensive for consumer, inexpensive. EXPRESS (LONG TUNNEL) Customer pays at electronic pay station, stays in car for wash (car is automatically pulled through wash on conveyer), exits tunnel with option to self -vacuum (free), minimum consumer labor requirement (vacuum only), minimum wash time, superior wash to automated car washes, and most value for consumer. FLEX A Flex Wash is a conveyor wash that gives the customer the option to wash and self -vacuum or opt for Full Service Vacuum and Detail. Full Service option is similar in price to long tunnel, employee labor intensive, time consuming, and costly for consumer. The following page is the inaccurate analysis of local car wash business provided to us by the city, followed by a corrected analysis with accurate car wash info and descriptions. The third page is the agenda description provided by the City for a proposed automated car wash located at 8477 Archibald Avenue. The City's description of the proposed project as an automated car wash is accurate. The City's analysis describes identical car washes to the proposed project at 8477 Archibald Avenue as Express in the list provided. The inconsistency leads us to question if a bias exists for our proposed Express Car Wash project. ANALYSIS: (CITY) There are currently 3 full service, 10 express, and 1 flex service car washes operating in the City, as outlined in the following table (see Exhibit B for a map of all car washes): NUMBER TYPE NAME ADDRESS 1 Full Service :Los Osos Car Wash 10431 Alta Loma Drive 2. Full Service Deer Creek Car Wash 10340 Foothill Boulevard 3 Full Service Rancho Car Wash 10075 Arrow Route 4 Ex Express Grove Self -Service Ear Wash 8761 Grove Avenue 5 Express Red Hill Car Wash Self Service 8285 San Bernardino Road 6 Express Sunrize Car Wash Self -Service 8601 Baseline Road 7 Express 7-11 Shell Drive_-Thru 8118 Masi Drive 8 Express Chevron 12659 Foothill Boulevard 9 Express Chevron 8075 Monet Avenue 10 Express Chevron 8801 Foothill Boulevard 11 Express Circle. K 10550 Town Center Drive. 12 Express Circle K 6539 Milliken Avenue 13 Express Tesoro Arco 9260 Haven Avenue 14 Flex Serve Haven Car Wash 8777 Haven Avenue ANALYSIS: (INDUSTRY) THERE ARE CURRENTY 3 FULL-SERVICE, 3-SELF-SEWCE, 7 AUTOMATED, AND 1 FLEX NE3IABER ,�pE. , ..-.. I51AltlfE 1. Fe�l1 Seivlre ` i;os.Qsys [mar 11Vas11 :. '..FTf43'I;Alti;L4rita:tiiie . ......... 2:` :fell Sefvi;, ` ,iCreetc:GarWasil: :1:0(�:11 I.tl rvice ` ::::f artdFiaC'ar Walsh . :#0075°i r.i`�rsi:Ra>ite.° _ _ 4 SELF SI RIf Giave S�if-Artlice G'ai hl i ._ : . :: ; .- . � ° :.:• sELr= SERVE: -.� :Red. -Hiller 1�lfasfi= Self �rvic�a ''1�2r�1a•San'�3er�idIiio.Rtia�d:. . SELF SERVt •.;'- `Sunrfz6tar V1laslit Self er iif(e 6� fi. :7,,x.7. Stied. ii ' iv 8118:1111 Qr`tve : •€.: _AUTOMATED Chevron:'65 Foof'l: uliavic#: :.:_ ° : A�TaAfIA'CED. :Chevron:: =aQ.7.6.' f --Alien, : = 1¢:°-:. AUT0MA'TEUJiChbvi6it• :. ::AUTdlutAr sr;. =: 0550 :-rte Cen 12 AUTOMATED:- .'Cirde.K`: &'�H:�lfililteri=Aueniie' : 13- AUT'OP5_ -ff D ::T ara Arcv:' "821 - Hairen Avenue: : 14 :Flex -S6rve : ;:Haven Cat Wal §h := f-ltlen rues ; _ .. :........ ... . :.. . :: .° There is:cb tuttte papu[ac�ty of �ar:vhes amara thektlic; as the.:arrvenferle:d rela#rve ......... . :.:.....`.=::C: YYSI3'o1]lEil3@S` til: $tDr�} pldraf :t?`: are :'.. ..:.... :erntfrvanmeri! : be?�eflts': ta:: mbiem: car: washes;: as;e ::=ilia: be ;consume fess watertlln:wash�r��} .a-�..� r�{ . _ ..r�J .. ..�.'Y.. ;:z: :'1T!}SG }.� •�'JL'-''r�1C Sa + f'r.'i!"}tiW.S��.�+5.•iF:'A!G �'+q+:►.vl1.l !1 ::• . SUM" ji 011e jlE[11 [1 rfL l se,NiE c;a;-1�1�dSt]C:S`to; a T el l hex=S e'::r llt i5 ' C[IOdB}S: ..... HISTORM iiRESERVATI . COMMISSIONAND. PU. K7i�F_10RAGENDA RANCHO CONGA-ir, CENTER 106W emc CgNTER DRFVE RANCtJO CUCAlIIIi RGA, CALIFORNIA 04. ENVIRONMENTAL ASSESSMENT AND DESfGN REVIEW DRC21i%Q — Altt~i3i8Atl O[L=Ai' tolestabrjoretosawn, an-exi '1J-26 ; oC statim 1wildi at sn ex- iig 1 t4$'1 sq €a f01000009 m&4 f4ei. p p at din aii 968 sqi a #QQf car< ash oP a 29,45E quiare.fod# (9.67$-,acte�- I k i'tho Lair Medium .(LM) RepHecttial Vistrict r proposed Gene l Oomtrie tial Di m; at: e northeast comer -of Avenge and Arrow Route, *atird st84.77 ArchfgaidA kpN_ 0208-291-0 .- Related Files. General Ptah Amendment a�t�20 f5 -t �; Zbrtili#p Amettsfrriertt D C2Qt �#HI694, Condi ona1Use Penni# �DRD201 1; n D 1 1 OQI 3 tF 'EV#i or E3ccceptton. QRC2047 f 79. Stam fm prettargi A ced RNagal[ve peolaraWn -of eWrbfltrteritai impacts for cansr of REQUt9TED D5. EWRONMENTAL ASSES NT AND. CONDITIONAL US PEMT-DR=� 1: kRCH�BAL� 4iE. -��A r�gC to establish a �a�'�of ��ai �rii�asi �ti Wfth arequest tires isl. retail sales in art existing 1=7 S re f of coca fi's rsif4 = #anon b0j3 hrtg and. re-ea�j!s.h ate existing 1,481 square foot. canopy yvi h 4 #uef .PUtbps; :a, Y,#5-6 square foot (4,676. ecce) pamel in the Low ll oiurn (,LM) Resided#at l id : �d enerai CommerG GGj District) at the northoast comer .ofcl id Averti ei1 ouu Route, located at 847' rchiaard 4VObua, APW 020.8-291-Q ;R 4atetf I -let: l Part AMendment f3F'i+C '# -W$83; Zoning Map Arnertdnw. t ­ :DRC �sigia Revienr DRC2015-00682, V ante D 02018-0tt831, and Minor. EXcapt{ rt 'QF pr led a litigatexi ltilegsiive l ecCaratiort cif enVizoriiner�tal irnpa#s hoc c risideraiitirr: D6. ENVIRONMENTAL ASSESSA4ENT AND VARIANCE DRD2Q,16 j ARCMEAII:t?:OL — A ceguest W recce .the parking setback from 14 feet #a fadt,6 inches #sir # p sgc# reqwst to estamish r04il sales to an "ng- '1.728 square foot vast .somas s iern- bitifdrng, re-astab i..h ani ejcisting. 1.481 square foot eanop3 - it h 4 fuel fit tps,;-�i�-tel a 9% square foot car Barash on a 29,456 square ftrot il}S76-acre) parcOln a .sw-um (00) Residential D-Wrict (Proposes# iteral Commercial (GQ) QtstCxt rAtth��eastr t�€ Ar bald �tvenua and Arrow Route, located at 8477 Aro;hjbald Auer►; jt' � 4$- L- Qb, Related Files: General Plan Art ertdrnept DRC2016-#ID603, 2 t Map Al rt it rt e} t D 015-W684, Deaijn; Re�rieW DRG2g1�82, cora ibnal use' P+ f4 D=_ 01 tM-3, and Minor .Expepton DRP2. 017-44879. Staff Mas prepared: a AA'r4gafe€f f le aUN, e Declaration of environmer"t irttpacts- for cons'. £'CONT! NOAlCE R€OUI TS19 W. 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O Q Sl 4 d 2 RHOS AVE cru In : 9 n �D DZO HAVENJ AVE opZ a ap I iR' D S fl ¢ HILLWE11 AVE - e0. eeo » %/ . 2_- Rcho Cucamonga,as71 , l� 3 Conceptual aka@ Plan § � �! | |��!| •� | PHI / X \ |� Nli !, |; �| ee§ e0. eeo » %/ . ARBOR CAR WAH Arrow Route 2_- Rcho Cucamonga,as71 3 Conceptual aka@ Plan 1P� 2 ; PHI ARBOR CAR WAH Arrow Route 2_- Rcho Cucamonga,as71 3 Conceptual aka@ Plan 1P� 2 ; DATE: June 20, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Candyce Burnett, City Planner Tom Grahn, Associate Planner SUBJECT: CONSIDERATION TO APPROVE THE FEDERALLY REQUIRED FISCAL YEAR 2018-2019 ANNUAL ACTION PLAN, WHICH INCLUDES THE SECTION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDED ACTIVITIES, BASED ON A GRANT ALLOCATION OF $960,759.00. RECOMMENDATION: Staff recommends the City Council conduct a public hearing, and take public testimony regarding the application for funding, and adopt the Annual Action Plan (AAP), thereby authorizing the Mayor to submit the plan to the U.S. Department of Housing and Urban Development (HUD) for their consideration. BACKGROUND: Since the adoption of the Cranston -Gonzalez National Affordable Housing Act in 1990, the Federal Government has required jurisdictions to develop a comprehensive long-range planning format to address the use of entitlement funds, such as the Community Development Block Grant (CDBG) program. The primary focus of these planning efforts is to benefit low- and moderate -income individuals and families, homelessness, low-income target areas, and other special needs populations. HUD administers the CDBG program and requires the preparation of a 5 -year Consolidated Plan and a 1 - year AAP. The Consolidated Plan identifies housing and community development needs, outlines strategies and proposes actions to address identified needs and presents first-year activities in the form of the AAP. The 2015-2019 Consolidated Plan was adopted on May 6, 2015, and covers the program years from July 1, 2015 to June 30, 2020, and this 2018-2019 AAP will cover the program year from July 1, 2018 to June 30, 2019. ANALYSIS: CDBG funds are provided by HUD based on a formula that considers a City's low-income census data, the extent of poverty, and age of the housing stock. Based upon this formula, the City of Rancho Cucamonga will receive a grant allocation of $960,759.00 in FY 2018/2019, which represents an increase of $111,710.00 (12%) from FY 2017/2018 funding. To be eligible for CDBG funding, each proposed activity must meet the following requirements: • Each proposed activity must meet one of the following two primary goals of the CDBG program: 1) the development of viable urban communities, including decent housing, and a suitable living Page 219 environment; or 2) the expansion of economic opportunities, principally for persons of low- and moderate -income. Each proposed activity must meet a CDBG National Objective that either benefits low- and moderate- income residents, eliminates conditions of slum and blight, or meets a particular urgent need. • Each proposed activity must be eligible under CDBG guidelines. CDBG guidelines require that at least 70 percent of all funds be utilized on activities that benefit low- and moderate- income persons. Of the City's activities proposed for the 2018-2019 program year, 80 percent will benefit persons of low- and moderate- income. The AAP identifies how Federal funds will be used during a program year; it sets accomplishment goals for each activity and a time frame to complete them. The AAP proposes activities within the following areas: Administration, Capital Improvement, Home Improvement, Public Service, and Historic Preservation. All of the proposed activities meet a CDBG National Objective, comply with the CDBG guidelines, and are included in the City's Consolidated Plan. The draft 2018-2019 AAP (Attachment 1) contains funding recommendations for the allocation of entitlement funds for FY 2018/2019. These recommendations directly correspond to the community needs identified in the Consolidated Plan Priority Needs Assessment. The amounts shown below are the recommended funding amounts in the AAP, including the use of current allocation and reprogrammed funds: Administration: Under Federal regulations, cities may allocate up to 20 percent of their entitlement allocation to fund CDBG program administration. • CDBG Administration: Administration and program management to ensure the efficient and effective use of Federal funds. Staff recommends funding this activity $169,000. Capital Improvement: Includes funds to public facilities and for public improvements. • Wheelchair Ramps: Retrofitting of existing intersection curbs city-wide to comply with ADA standards. Staff recommends funding this activity $22,850. Sidewalk Grinding and Replacement The grinding, repair, or replacement of damaged and/or inaccessible sidewalks located in low-income targeted neighborhoods. Staff recommends funding this activity $22,850. Upper Cucamonga Storm Drain and Street Improvements: This multi-year activity will provide storm drain and right-of-way improvements east of Amethyst Avenue, south of 19th Street, and north of Base Line Road. Staff recommends funding this activity $501,959. Home Improvement: The City's Home Improvement Program offers zero interest, deferred payment loans up to $30,000, and grants up to $7,500 for eligible low-income, owner -occupied, single-family or mobile homes. This program has been extremely successful and we have received a significant number of requests for assistance from both the single-family and mobile -home community. Staff recommends funding this activity $478,281. Public Service: Under CDBG regulations, cities may allocate up to 15 percent of their entitlement to fund public service providers; fifteen percent of our entitlement is $144,100.00. Proposed funding will support those sub -recipients who currently receive funding through the City's CDBG program. This year we are recommending funding to support renewals for 2018-2019 programs including: Graffiti Removal, Fair Housing, Landlord Tenant Counseling, Homelessness and Food Assistance, Domestic Violence Shelter, Senior, Youth At -Risk, and Literacy programs. Staff recommends funding these activities $144,100.00. Historic Preservation: This activity supports the preservation and historic restoration of the Etiwanda Pacific Electric Depot. The goal of this activity is to preserve the station through renovation for adaptive Page 220 reuse as a trailhead for the Pacific Electric Inland Trail, a 21 -mile long regional trail. Staff recommends funding this activity $449,236.00. These funds have been rolled over from previously funded years to accommodate the cost of the renovation. Upon approval of the draft 2018-2019 AAP, staff will prepare the final 2018-2019 AAP (including the Application for Federal Assistance (SF -424) and CDBG Certifications) based on proposed funding allocations and submit the AAP to HUD. Staff requests the ability to give the City Planner authorization to make any necessary administrative corrections to the AAP, as needed, following this Public Hearing. HUD emphasizes public participation in the review and development AAP. The public notice for the 2018- 2019 AAP was published on May 22, 2018, identifying that the AAP was available for public review and that the review period would run from Tuesday, May 22, 2018, through Wednesday, June 20, 2018. As of the date of this staff report, no public comments were received. Notices for the public hearing and proposed funding allocations were published in the Inland Valley Daily Bulletin on May 22, 2018. FISCAL IMPACT: CDBG funding is an annual Federal Grant received by the City. The City's FY 2018/2019 Adopted Budget reflected an anticipated 5 percent reduction in funding; however, final Federal allocations were announced in May and provided a 12 percent funding increase for the City of Rancho Cucamonga. Staff is requesting an additional appropriation in the amount of $111,710.00 for both grant revenue and program expenditures for FY 2018/2019. This number reflects the difference between the funding included in the FY 2018/2019 Adopted Budget and the actual Federal funding announced in May. The additional appropriations are requested for the following accounts: • 1204000-4740 - Grant Income $111,710.00 • 1204314-5650/1228204-0 - CDBG Administration (20% cap restrictions) $21,800.00 • 1204314-5650/XXXX204-0 - Public Services -Various (15% cap restrictions) $19,700.00 • 1204314-5650/1965204-0 -Upper Cucamonga Storm Drain & Street Improvements $501,959.00 • 1204314-5650/1230204-0 - Home Improvement Program $69,281.00 COUNCIL GOAL(S) ADDRESSED: The programs and projects outlined in the Annual Action Plan are meant to eliminate blight and address urgent threats to health or safety issues, while supporting an underserved population in the community. Although this does not apply to a specific City Council Goal, that action is consistent with the Council's goal to further enhance Rancho Cucamonga's position as a premier community in the region. ATTACHMENTS: Description 201 8/1 201 9 Annual Action Plan Page 221 Executive Summary AP -05 Executive Summary - 24 CFR 91.200(c), 91.220(b) Introduction The City of Rancho Cucamonga is an entitlement community under the U.S. Department of Housing and Urban Development's (HUD) Community Development Block Grant (CDBG) Program. As an entitlement community, the City is required to prepare a five-year Consolidated Plan in order to implement any federal programs that fund housing, community development and economic development within the community. The City of Rancho Cucamonga's Consolidated Plan covers the period from 2015-2019 (July 1, 2015 through June 30, 2020). The Strategic Plan is a key component of the Consolidated Plan in that it combines an inventory of resources available to meet the City's housing and community development needs, with long-range measurable goals. The 1 -year Action Plan, an annual component of the Consolidated Plan, outlines specific targets and identifies available resources that will be committed to various programs for implementation during the upcoming program year. The following objectives identify a strategic listing of priorities for both housing and community development activities. Each set of priorities was developed in response to specific issues identified in the Consolidated Plans Needs Assessment. 2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan. The Consolidated Plan provides a framework to address the needs of the City over the next five-year period using Community Development Block Grant (CDBG) funds. The three overarching objectives guiding the proposed activities are: • Providing Decent Affordable Housing • Creating Suitable Living Environments • Creating Economic Opportunities Outcomes show how programs and activities benefit a community or the people served. The three outcomes that will illustrate the benefits of each activity funded by the CDBG program are: Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) Page 222 • Improve Availability/Accessibility • Improve Affordability • Improve Sustainability All future activities funded through the Consolidated Plan/Annual Action Plan will support at least one objective and one outcome. The City's framework for realizing the objectives and outcomes is identified in the City's Priority Needs Assessment. 3. Evaluation of past performance This is an evaluation of past performance that helped lead the grantee to choose its goals or projects. The City of Rancho Cucamonga completed the 2015-2019 Consolidated Plan and its available for review. The City has been successful in furthering the priorities, strategies, and objectives put forth within that Consolidated Plan for the City's CDBG Program. Specific information on the City's performance can be found within the Consolidated Annual Performance Evaluation Reports (CAPER'S), which are available on City's website at: http://www.cityofrc.us/cityhall/planning/cdbg.asp. 4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan. HUD emphasizes public participation and consultation in the development of the City's 2015-2019 Consolidated Plan through citizen participation at significant points in the process. Cities are required to make every effort to involve the community in the Consolidated Plan's development process, particularly those individuals that the Consolidated Plan strives to assist, including low and moderate income individuals and families, the homeless, and others with special needs. Federal laws relating to CDBG funds require cities to provide citizens with specific information about the amount of monies expected for the program and the range of activities that may be undertaken with those funds. Federal regulations also require a jurisdiction to hold at least two (2) public hearings throughout the program year and in order to obtain the views of citizens on housing and community development needs, including priority non -housing community development needs. One (1) of these hearings must be held before the proposed Consolidated Plan is published for comment. • To obtain input from the community, staff solicited input from various stakeholder organizations, public service providers, and City departments. A public meeting was held on Monday, February 23, 2015, and those in attendance provided information regarding their current program needs and projected needs over the next five years. The City also distributed a survey to various Stakeholder organizations, including public service providers and City Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) Page 223 departments, requesting information regarding projected changes in their service population and anticipated funding needs over the next five years, as well as providing a general discussion of program goals. • Meeting participants and survey respondents projected an increase in their service population and either maintained or projected increases in their need for additional funding. In general, comments can be summarized as projected increases in their service population, changing demographics impacting service programs, changes in funding sources, and increased competitiveness for funding. Specific needs that were identified include senior services and facilities; youth programs such as after-school programs; transitional, affordable, and supportive housing and housing services for senior veterans and very low income and homeless individuals and families; and preventing homelessness such as offering financial literacy programs, where possible. • On Wednesday, April 1, 2015, the City Council conducted a public hearing and provide input on the Preliminary Priority Needs Assessment to be used in the preparation of the 2015-2019 Consolidated Plan and the preliminary annual funding recommendations for the 2015-2016 Annual Action Plan. • Following the City Council public hearing on April 1, 2015, the draft 2015-2019 Consolidated Plan and 2015-2016 Annual Action Plan was published on the City website on Thursday, April 2, 2015. The draft Consolidated Plan and Annual Action Plan were available for a 30 -day public review and comment period beginning on Monday, April 6, 2015, and ending on Wednesday, May 6, 2015. • The City of Rancho Cucamonga's 2015-2019 Consolidated Plan and 2015-2016 Annual Action Plan were scheduled for City Council consideration at a public hearing on Wednesday, May 6, 2015. • The City of Rancho Cucamonga's 2018-2019 Annual Action Plan is scheduled for City Council consideration at a public hearing on Wednesday, June 20, 2018. S. Summary of public comments This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan. Comments will be inserted following the Public Comment Period and noted with the final 2018-2019 Annual Action Plan. 6. Summary of comments or views not accepted and the reasons for not accepting them Pursuant to 24 CFR Part 91.105 (b), the City will accept and record all public comments pertaining to the draft 2018-2019 Annual Action Plan that are received during the posted public comment period or submitted during the public hearing. Comments will be inserted following the Public Comment Period noted within the final 2018-2019 Annual Action Plan. Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) Page 224 7. Summary The City of Rancho Cucamonga Planning Department is lead agency and responsible for the developemt and implemenation of the 2015-2019 Consolidated Plan and the 2018-2019 Annual Action Plan. Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 4 Page 225 PR -05 Lead & Responsible Agencies — 91.200(b) 1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source. Agency Role Name Department/Agency CDBG Administrator Planning Department Table 1— Responsible Agencies Narrative (optional) The lead agency responsible for the development of the 2015-2019 Consolidated Plan and the 2018-2019 Annual Action Plan is the City of Rancho Cucamonga Planning Department. Consolidated Plan Public Contact Information Flavio Nunez City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 (909) 774-4313 flavio.nunez@cityofrc.us Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) Page 226 5 AP -10 Consultation — 91.100, 91.200(b), 91.215(1) Introduction The Consolidated Plan/Annual Action Plan represents both an application to HUD for entitlement funds under CDBG entitlement program as well as a housing and community development policy and planning document. As part of the 2015-2019 Consolidated Plan development process, the City undertook an extensive outreach program to consult and coordinate with various departments, housing and community service providers, other jurisdictions, and other entities with a potential interest in or knowledge of the City's housing and non -housing community development needs. The following sections discuss the methods by which the City consulted with service providers, in addition, to how staff that developed and followed this citizen participation process emphasized the participation of persons of low- and moderate -income. Provide a concise summary of the jurisdiction's activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(1)) To outreach to various agencies and organizations, the City compiled an outreach list consisting different agencies, including: • Nonprofit service providers that cater to the needs of low- and moderate -income households and persons with special needs, including persons with disabilities; • Affordable housing providers; • Housing advocates; • Housing professionals; • Public agencies (Engineering Services Department); • Economic development and employment organizations; and • Community and neighborhood groups. These agencies were mailed notices of the City's Consolidated Plan process and public meetings. Specific agencies were also contacted to obtain data in preparation of this Consolidated Plan. For example, the State Developmental Services Department and State Social Services Department were contacted to obtain data and housing resources for persons with disabilities. The Housing Authority of the County of San Bernardino was also contacted to obtain information on public housing and Housing Choice Vouchers available to City residents. Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 0 Page 227 Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. The Continuum of Care Strategy was consulted to provide information on homelessness and resources available in Rancho Cucamonga. Several agencies that provide housing and supportive services for the homeless and those at risk of becoming homeless attended a Stakeholders meeting, used to establish the City's Priority Needs prior to the development of the Consolidated Plan. Stakeholders included Foothill Family Shelter, Family Services Association, House of Ruth, Inland Fair Housing and Mediation Board, and Inland Valley Council of Churches. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City of Rancho Cucamonga does not receive ESG funds. 2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction's consultations with housing, social service agencies and other entities Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 7 Page 228 Table 2 — Agencies, groups, organizations who participated 1 Agency/Group/Organization CAMP FIRE USA Agency/Group/Organization Type Services -Children What section of the Plan was addressed by Non -Homeless Special Needs Consultation? Briefly describe how the Agency/Group/Organization Public outreach was conducted. A Stakeholders meeting was held on February 23, was consulted. What are the anticipated outcomes of 2015 and attended by the Organization, and a Priority Needs survey was the consultation or areas for improved coordination? completed. Organization submitted an application under the Annual Action Plan. Based on a Priority Needs Assessment, and the application submitted, the services provided by this organization are rated a High (H) need and will be a funding priority under this Consolidated Plan. 2 Agency/Group/Organization Family Services Association Agency/Group/Organization Type Services -Elderly Persons What section of the Plan was addressed by Non -Homeless Special Needs Consultation? Briefly describe how the Agency/Group/Organization Public outreach was conducted. A Stakeholders meeting was held on February 23, was consulted. What are the anticipated outcomes of 2015 and attended by the Organization, and a Priority Needs survey was the consultation or areas for improved coordination? completed. Organization submitted an application under the Annual Action Plan. Based on a Priority Needs Assessment, and the application submitted, the services provided by this organization are rated a High (H) need and will be a funding priority under this Consolidated Plan. Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) Page 229 3 Agency/Group/Organization Foothill Family Shelter Agency/Group/Organization Type Housing Services - Housing Services -Children Services -Elderly Persons Services -homeless What section of the Plan was addressed by Housing Need Assessment Consultation? Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Strategy Briefly describe how the Agency/Group/Organization Public outreach was conducted. A Stakeholders meeting was held on February 23, was consulted. What are the anticipated outcomes of 2015 and attended by the Organization, and a Priority Needs survey was the consultation or areas for improved coordination? completed. Organization submitted an application under the Annual Action Plan. Based on a Priority Needs Assessment, and the application submitted, the services provided by this organization are rated a High (H) need and will be a funding priority under this Consolidated Plan. 4 Agency/Group/Organization HOUSE OF RUTH Agency/Group/Organization Type Services - Housing Services -Victims of Domestic Violence Services -Health Services -Education Services - Victims What section of the Plan was addressed by Non -Homeless Special Needs Consultation? Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) Page 230 Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) Page 231 10 Briefly describe how the Agency/Group/Organization Public outreach was conducted. A Stakeholders meeting was held on February 23, was consulted. What are the anticipated outcomes of 2015 and attended by the Organization, and a Priority Needs survey was the consultation or areas for improved coordination? completed. Organization submitted an application under the Annual Action Plan. Based on a Priority Needs Assessment, and the application submitted, the services provided by this organization are rated a High (H) need and will be a funding priority under this Consolidated Plan. 5 Agency/Group/Organization Inland Fair Housing and Mediation Board Agency/Group/Organization Type Services -Education Service -Fair Housing Services - Landlord Tenant Counseling What section of the Plan was addressed by Non -Homeless Special Needs Consultation? Briefly describe how the Agency/Group/Organization Public outreach was conducted. A Stakeholders meeting was held on February 23, was consulted. What are the anticipated outcomes of 2015 and attended by the Organization, and a Priority Needs survey was the consultation or areas for improved coordination? completed. Organization submitted an application under the Annual Action Plan. Based on a Priority Needs Assessment, and the application submitted, the services provided by this organization are rated a High (H) need and will be a funding priority under this Consolidated Plan. 6 Agency/Group/Organization Inland Valley Council of Churches Agency/Group/Organization Type Services - Housing Services -homeless Food Bank What section of the Plan was addressed by Housing Need Assessment Consultation? Homeless Needs - Families with children Homelessness Needs - Veterans Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) Page 231 10 Briefly describe how the Agency/Group/Organization Public outreach was conducted. A Stakeholders meeting was held on February 23, was consulted. What are the anticipated outcomes of 2015 and attended by the Organization, and a Priority Needs survey was the consultation or areas for improved coordination? completed. Organization submitted an application under the Annual Action Plan. Based on a Priority Needs Assessment, and the application submitted, the services provided by this organization are rated a High (H) need and will be a funding priority under this Consolidated Plan. Identify any Agency Types not consulted and provide rationale for not consulting The City attempted to invite and consult with many agency types involved in housing, homelessness, and non -housing community development activities. There was no decision to exclude any specific group. All parties were also invited to submit information and data directly to the City for inclusion in the Consolidated Plan. No organizations or individuals were deliberately omitted from the process. Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Housing Authority of the Continuum of County of San HACSB administers housing opportunities and resources throughout San Bernardino County. Care Bernardino The County Economic Development Agency, Community Development/Housing, administers the County HOME San Bernardino County HOME Consortium with the purpose of undertaking HOME -eligible housing assistance activities Consortium including acquiring, rehabilitating, and constructing affordable housing. Table 3 — Other local / regional / federal planning efforts Narrative (optional) Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) Page 232 11 AP -12 Participation — 91.105, 91.200(c) Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal -setting HUD emphasizes public participation in the development of the Consolidated Plan through citizen participation at significant points in the process. Cities are required to make every effort to involve the community in the Consolidated Plan's development process, particularly those individuals that the Consolidated Plan strives to assist, including low- and moderate -income individuals and families, the homeless, and others with special needs. Federal laws relating to CDBG funds require cities to provide citizens with specific information about the amount of monies expected for the program and the range of activities that may be undertaken with those funds. Federal regulations also require a jurisdiction to hold at least two (2) public hearings throughout the program year and in order to obtain the views of citizens on housing and community development needs, including priority nonhousing community development needs, one (1) of these hearings must be held before the proposed Consolidated Plan is published for comment. The City conducted extensive outreach and multiple public meetings during the development of the Consolidated Plan. One (1) public meeting was conducted to gather input prior to the development of the Plan. One (1) additional public hearing was held to obtain feedback on the Preliminary Needs Assessment, including housing and community needs. The full draft Consolidated Plan is currently available for a 30 -day public comment period and public hearing will be held on May 6, 2015. Outreach is conducted via the internet, newspaper legal advertisements, and public meetings. The prime method for public comments was the public hearings, but organizations and the public were able to submit oral or written comments to the City outside of the public meetings. Outreach for public meetings was conducted via letters to interested parties, posting on the City website, newspaper legal advertisements, and posting in public locations. A special effort is made to reach out to minorities with individualized outreach to minority advocacy groups, and advertising the Inland Valley Daily Bulletin, a local newspaper of general circulation serving the community. In anticipation of preparation of the Consolidated Plan, staff solicited input from various organizations, public service providers, and City departments in order to determine their current needs and projected needs over the next five years. These groups completed surveys to demonstrate their yearly funding needs and provided a discussion of their program goals, and how their identified funding needs helped meet Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) Page 233 12 those goals. They also provided information on anticipated changes including, increases in their service population, changing demographics, as well as changes in funding sources. The information provided by each group was then incorporated into the Priority Needs Assessment. The February 23, 2015, public meeting was helpful with initial issue identification and provided important context for the data analysis in the Needs Assessment and Market Analysis. The second set of public meetings in April 1, and May 6, 2015 helped to support the initial findings and priorities, and helped focus the priorities even further. Citizen Participation Outreach Sort Order Mode of Outreach Target of Outreach Summary of response/attendance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) Public Notice regarding the draft 2018-2019 Annual Action Plan public Non - hearing and the 1 Newspaper Ad targeted/broad None. NA availability for a 30- community day review period beginning May 21, 2018, and ending June 20, 2018. Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) Page 234 13 Sort Order Mode of Outreach Target of Outreach Summary of response/attendance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) City Council meeting to solicit input from interested Public Service providers and Non - City staff to obtain targeted/broad information community regarding their anticipated needs Residents of Public during the next year.None. 2 Public Meeting and Assisted NA Identified needs were Housing addressed in the City's Priority Needs Public Service Assessment. The City Providers and City Council meeting Staff regarding the 2018- 2019 Annual Action Plan is scheduled for June 20, 2018. Table 4 — Citizen Participation Outreach Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) Page 235 14 Expected Resources AP -15 Expected Resources — 91.220(c)(1,2) Introduction <p align="LEFT">Entitlement grant resources totaling $1,788,276.11 are planned during the next fiscal year (July 1, 2018 — June 30, 2019) to address obstacles, to meet underserved needs, foster decent housing, develop institutional structures, and to enhance coordination between public and private housing, and social service agencies. The results of these activities will be reported in the Consolidated Annual Performance Evaluation Report (CAPER) to be published in September 2019.</p> Anticipated Resources Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Narrative Description Annual Program Prior Year Total: Allocation: Income: Resources: $ Available $ $ $ Remainder of ConPlan CDBG public - Acquisition The estimated amount of CDBG funds federal Admin and available over the planning period is Planning based on a 5% annual reduction, Economic excluding funds carried over from prior Development years. Housing Public Improvements Public Services 960,759 159,321 668,196 1,788,276 0 Table 5 - Expected Resources — Priority Table Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) Page 236 15 Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied <p align="LEFT">The City and HUD share an interest in leveraging HUD resources to the maximum extent feasible in order to deliver high-quality, creative, and efficient housing, neighborhood improvement programs, supportive services, and economic development. HUD regulations require cities to describe other federal, state, city or private sources, which are expected to be available during the program year. The City will continue to pursue opportunities to obtain additional funding which can help leverage internal resources with federal, state, and local funding sources.</p> Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) Page 237 16 If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan No publically owned land within the City will be used to address the needs of the Consolidated Plan. Discussion Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 17 Page 238 Annual Goals and Objectives AP -20 Annual Goals and Objectives Goals Summary Information Sort Order Goal Name Start End Category Geographic Needs Funding Goal Outcome Year Year Area Addressed Indicator 1 Rehabilitation of Existing 2015 2020 Affordable Housing Housing Non -Homeless Special Needs 2 Affirmatively Further Fair 2015 2020 Fair Housing Housing Choice 3 Homelessness and At -Risk of 2015 2020 Homeless Homelessness Non -Housing Community Development 4 Improve Public Facilities and 2015 2020 Non -Homeless Special Infrastructure Needs 5 Historic Preservation 2015 2020 Non -Housing Community Development 6 Public Services 2015 2020 Non -Housing Community Development 7 Administration 2015 2020 CDBG Administration Table 6 — Goals Summary Goal Descriptions Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) Page 239 1 Goal Name Rehabilitation of Existing Housing Goal Description 2 Goal Name Affirmatively Further Fair Housing Choice Goal Description 3 Goal Name Homelessness and At -Risk of Homelessness Goal Description 4 Goal Name Improve Public Facilities and Infrastructure Goal Description 5 Goal Name Historic Preservation Goal Description 6 Goal Name Public Services Goal Description 7 Goal Name Administration Goal Description Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) Page 240 19 Projects AP -35 Projects — 91.220(d) Introduction This plan outlines the actions steps that the City of Rancho Cucamonga will use to address the housing and non -housing community development needs of the City. The plan includes a listing of activities that the City will undertake during the 2018-2019 program year (July 1, 2018 to June 30, 2019) that utilize CDBG funds. For the 2018 program year, the City will utilized an allocation of $960,759, along with $668,196.26 in prior year funds, and $159,320.85 in program income, for a total of $1,788,276.11. Projects # Project Name 1 CDBG Administration 2 Rancho Cucamonga PWSD - Wheelchair Ramps 3 Rancho Cucamonga PWSD - Sidewalk Grinding 4 Rancho Cucamonga PD - Home Improvement Program 5 Rancho Cucamonga PWSD - Graffiti Removal 6 IFHMB - Landlord/Tenant Counseling 7 House of Ruth 8 Inland Valley Hope Partners - SOVA 9 Rancho Cucamonga CSD - Senior Services 10 Family Services Association - Senior Nutrition 11 Rancho Cucamonga Library - Back to Basics 12 IFHMB - Fair Housing 13 Camp Fire ISCC 14 Rancho Cucamonga CSD - Northtown Collaborative 15 Rancho Cucamonga CSD - Senior Transportation 16 Rancho Cucamonga CMO - CASA 17 Foothill Family Shelter - Housing Services 18 Foothill Family Shelter - Food Pantry 19 Bringing Health Home 20 Etiwanda Pacific Electric Depot 21 Upper Cucamonga Storm Drain and Street Improvements Table 7 - Project Information Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 20 Page 241 Describe the reasons for allocation priorities and any obstacles to addressing underserved needs Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 21 Page 242 AP -38 Project Summary Project Summary Information Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) Page 243 22 1 Project Name CDBG Administration Target Area Goals Supported Administration Needs Addressed Planning and Administration Funding CDBG: $169,000 Description Includes administration of the CDBG program, the completion of program applications and performance reports, research and analysis, target area studies, historic preservation evaluations, and housing documents. Target Date 6/30/2019 Estimate the number and type of families that will benefit from the proposed activities Location Description City-wide Planned Activities Administration of the City's CDBG program. 2 Project Name Rancho Cucamonga PWSD - Wheelchair Ramps Target Area Target Area 2 Target Area 1 Target Area 3 Goals Supported Needs Addressed Funding CDBG: $22,850 Description This program involves the retrofitting of existing curbs to accommodate disabled individuals. Target Date 6/30/2019 Estimate the number and type of families that will benefit from the proposed activities Location Description Target Areas Planned Activities This program incolves the retrofitting of 2,880 linear feet of existing curbs to accommodate disabled persons. Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 23 Page 244 3 Project Name Rancho Cucamonga PWSD - Sidewalk Grinding Target Area Goals Supported Improve Public Facilities and Infrastructure Needs Addressed Funding CDBG: $22,850 Description The project involves the grinding, repair, or replacement of sidewalks that are displaced and/or inaccessible in qualified target areas. Target Date 6/30/2019 Estimate the number and type of families that will benefit from the proposed activities Location Description This activitiy is provided City wide. Planned Activities Involves the grinding, repair, or replacement of 3,960 square feet of sidewalks that are displaced and/or inaccessible. 4 Project Name Rancho Cucamonga PD - Home Improvement Program Target Area Goals Supported Rehabilitation of Existing Housing Needs Addressed Support the Rehabilitation of Existing Housing Funding CDBG: $478,281 Description The City has an existing moderate rehabilitation Home Improvement Program available to eligible owner -occupied households, those earning less than 80 percent of the MFI. The program offers deferred payment loans of up to $30,000 and grants up to $7,500 including emergency repair grants. Target Date 6/30/2019 Estimate the number 44 low- and moderate -income households. and type of families that will benefit from the proposed activities Location Description Home Improvement services are provided City wide. Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 24 Page 245 Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 25 Page 246 Planned Activities The moderate rehabilitation income eligible owner -occupied households, those earning less than 80 percent of the HAMFI. The program offers deferred payment loans of up to $30,000 and grants of up to $7,500, including emergency repair grants. 5 Project Name Rancho Cucamonga PWSD - Graffiti Removal Target Area Target Area 2 Target Area 1 Target Area 3 Goals Supported Improve Public Facilities and Infrastructure Needs Addressed Improve and Expand Facilities and Infrastructure Funding CDBG: $15,000 Description The removal of incidents of graffiti from public properties in qualified target areas. Target Date 6/30/2019 Estimate the number and type of families that will benefit from the proposed activities Location Description The removal of graffiti from public properties in qualified target areas. Planned Activities The removal of 15,000 square feet of graffiti from public properties in qualified target areas. 6 Project Name IFHMB - Landlord/Tenant Counseling Target Area Goals Supported Public Services Needs Addressed Provide Support for Public Services Funding CDBG: $8,200 Description Landlord/Tenant dispute mediation services are provided by Inland Fair Housing and Mediation Board. Target Date 6/30/2019 Estimate the number 550 low- and moderate -income persons. and type of families that will benefit from the proposed activities Location Description Public Services are provided City wide. Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 25 Page 246 Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 26 Page 247 Planned Activities Landlord/Tenant dispute mediation services. 7 Project Name House of Ruth Target Area Goals Supported Public Services Needs Addressed Provide Support for Public Services Funding CDBG: $5,500 Description House of Ruth provides shelter, programs, education and opportunities for self, self-sufficient, healthy living for battered women and their children who are at -risk of homelessness. Services provided include 24- hour emergency safe shelter (up to 30 days), 24-hour crisis intervention hotline, 24-hour emergency transportation, outreach offices and children programs. Target Date 6/30/2019 Estimate the number 200 low- and moderate -income persons. and type of families that will benefit from the proposed activities Location Description Public Services are provided City wide. Planned Activities Shelter, programs, education, and opportunities for safe, self-sufficient, healthy living for battered women and their children who are at -risk of homelessness. Services provided include 24-hour emergency safe shelter (up to 30 days), 24-hour crisis intervention hotline, 24-hour emergency transportation, outreach offices, and children programs. 8 Project Name Inland Valley Hope Partners - SOVA Target Area Goals Supported Public Services Needs Addressed Provide Support for Public Services Funding CDBG: $12,500 Description SOVA offers a 5 -day food supply (15 meals) for all members of a household. SOVA helps families maintain their health and avoid homelessness by providing emergency food assistance and support services. Target Date 6/30/2019 Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 26 Page 247 Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 27 Page 248 Estimate the number 450 low- and moderate -income persons. and type of families that will benefit from the proposed activities Location Description Public Services are provided City wide. Planned Activities A 5 -day food supply (15 meals) for all members of a household. 9 Project Name Rancho Cucamonga CSD - Senior Services Target Area Goals Supported Public Services Needs Addressed Provide Support for Public Services Funding CDBG: $12,500 Description Develop and enhance senior citizen classes and activities in the focus areas of physical fitness, recreational and educational development, mental health, and emotional well-being. This service is provided through the City of Rancho Cucamonga Community Services Department. Target Date 6/30/2019 Estimate the number 4,000 low- and moderate -income seniors. and type of families that will benefit from the proposed activities Location Description Community wide program held at the James L. Brulte Senior Center, 11200 Base Line Road, Rancho Cucamonga, CA 91701. Planned Activities Develop and enhance senior citizen classes and activities in the focus areas of physical fitness, recreational and educational development, mental health, and emotional well-being. 10 project Name Family Services Association - Senior Nutrition Target Area Goals Supported Public Services Needs Addressed Provide Support for Public Services Funding CDBG: $10,000 Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 27 Page 248 Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) M Page 249 Description The nutrition program is run from the Senior Center and provides meals prepared at the RC Senior Center and also provides meals prepared for home delivery. This program is provided by Family Services Association, 21250 Box Spring Road, Moreno Valley, CA 92557. Target Date 6/30/2019 Estimate the number 720 low- and moderate income seniors. and type of families that will benefit from the proposed activities Location Description Community wide program held at the James L. Brulte Senior Center, 1200 Base Line Road, Rancho Cucamonga, CA 91701. Planned Activities The Senior Nutrition program is run from the Senior Center and provides meals prepared at the RC Senior Center and also provides meals prepared for home delivery. 11 project Name Rancho Cucamonga Library - Back to Basics Target Area Goals Supported Public Services Needs Addressed Provide Support for Public Services Funding CDBG: $8,000 Description The Back to Basics program trains volunteer tutors to work with 7 to 12 - year old children identified by school personnel as at -risk (challenged economically and educationally) and who are reading and writing below their grade level. Target Date 6/30/2019 Estimate the number 125 low- and moderate -income persons. and type of families that will benefit from the proposed activities Location Description Rancho Cucamonga Public Library, Archibald Branch, 7368 Archibald Avenue, Rancho Cucamonga, CA 91730, and Rancho Cucamonga Public Library, Biane Library, 11505 Cultural Center Drive, Rancho Cucamonga, CA 91739. Planned Activities The Back to Basic program trains volunteer tutors to work with 7 to 12 - year old children identified by school personnel as at -risk (challenged economically and educationally) and who are reading and writing below their grade levels. Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) M Page 249 12 Project Name IFHMB - Fair Housing Target Area Goals Supported Affirmatively Further Fair Housing Choice Needs Addressed Promote Fair Housing Funding CDBG: $9,700 Description Fair Housing services include education, counseling, mediation and legal referral. This program is ran by Inland Fair Housing Mediation Board. Target Date 6/30/2019 Estimate the number and type of families that will benefit from the proposed activities 55 low- and moderate -income persons Location Description Public Services are provided City wide. Planned Activities Fair Housing services including: education, counseling, mediation, and legal referral. 13 project Name Camp Fire ISCC Target Area Goals Supported Public Services Needs Addressed Provide Support for Public Services Funding CDBG: $5,000 Description The program provides immediate relief from hunger, promotes healthy eating and exposes children to nutritious foods. This program provides support to underserved children ages 5 through 17. Target Date 6/30/2019 Estimate the number and type of families that will benefit from the proposed activities 425 low- and moderate -income persons. Location Description Public Services are provided City wide. Planned Activities After school snack program for children ages 5 though 17. 14 project Name Rancho Cucamonga CSD - Northtown Collaborative Target Area Goals Supported Public Services Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 29 Page 250 Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 30 Page 251 Needs Addressed Provide Support for Public Services Funding CDBG: $9,300 Description The Northtown Collaborative is a community (youth and adult) prevention recreation/human services program which provides essential human services program as well as traditional recreational classes and activite4s. This program is ran by the City's Community Services Department. Target Date 6/30/2019 Estimate the number 3,745 low- and moderate -income persons. and type of families that will benefit from the proposed activities Location Description Northtown Area, south of Foothill Boulevard, east of Grove Avenue, and west of Haven Avenue. Planned Activities A community (youth and adult) prevention recreation/human services program provides essential human service programs as well as traditional recreational classes and activities. 15 project Name Rancho Cucamonga CSD - Senior Transportation Target Area Goals Supported Public Services Needs Addressed Provide Support for Public Services Funding CDBG: $16,400 Description The Silver Fox Express program offers door-to-door para -transit services for senior citizens living in Rancho Cucamonga. This program is ran from the City's Community Services Department. Target Date 6/30/2019 Estimate the number 160 low- and moderate -income seniors. and type of families that will benefit from the proposed activities Location Description Public Services are provided City wide. Planned Activities The Silver Fox Express Senior Transportation program offers door-to- door para -transit service for senior citizens living in Rancho Cucamonga. 16 project Name Rancho Cucamonga CMO - CASA Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 30 Page 251 Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 31 Page 252 Target Area Target Area 1 Goals Supported Public Services Needs Addressed Provide Support for Public Services Funding CDBG: $9,000 Description The Northtown CASA program provides a bi-lingual healthy eating/cooking program to educate and support Latino families in the Northtown neighborhood of the City. This program is ran by the Healthy RC staff in the City Managers office. Target Date 6/30/2019 Estimate the number 150 low- and moderate -income persons. and type of families that will benefit from the proposed activities Location Description Target Area 1, generally located south of Foothill Boulevard, east of Grove Avenue, and west of Haven Avenue. Planned Activities The Cocinando Amigos Saludables y Alegres (CASA) program provides a bi-lingual healthy eating/cooking program to educate and support Latino families in the Northtown neighborhood of the City, to prepare traditional food that is healthier and more nutritious, as a strategy to prevent diabetes and obesity. 17 Project Name Foothill Family Shelter - Housing Services Target Area Goals Supported Public Services Needs Addressed Provide Support for Public Services Support Local Homeless Facilities and Services Funding CDBG: $5,000 Description Foothill Family Shelter operates a 120 -day transitional housing shelter for homeless families with children. Support services are provided to enable families to obtain independence and permanent housing. Target Date 6/30/2019 Estimate the number 20 low- and moderate -income families. and type of families that will benefit from the proposed activities Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 31 Page 252 Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 32 Page 253 Location Description Public Services are provided City wide. Planned Activities A 120 -day transitional shelter for homeless families with children. Support services are provided to enable families to obtain independence and permanent housing. 18 Project Name Foothill Family Shelter - Food Pantry Target Area Goals Supported Public Services Needs Addressed Provide Support for Public Services Funding CDBG: $5,000 Description Community-based food pantry that offers non-perishable food to non - shelter residents within service area. Clients are either homeless or low- income and unable to make ends meet. Eligible clients can come in once every 30 days to receive non-perishable food, diapers, wipes, clothing and hygiene products. Target Date 6/30/2019 Estimate the number 800 low- and moderate -income persons. and type of families that will benefit from the proposed activities Location Description Public Services are provided City wide. Planned Activities This community-based food pantry offers non-perishable food to non - shelter residents within service area. Clients are either homeless or low- income and at -risk of homelessness. Eligible clients can obtain non- perishable food, diapers, wipes, clothing and hygiene products every 30 days. 19 Project Name Bringing Health Home Target Area Target Area 1 Goals Supported Public Services Needs Addressed Provide Support for Public Services Funding CDBG: $13,000 Description The project will provides access to fresh, affordable, locally grown produce to residents of Southwest Cucamonga and expands awareness and use of local farmers' markets. Target Date Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 32 Page 253 Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 33 Page 254 Estimate the number 185 low- and moderate -income persons. and type of families that will benefit from the proposed activities Location Description Target Area 1, generally located south of Foothill Boulevard, east of Grove Avenue, and west of Haven Avenue. Planned Activities Bringing Health Home incorporates a finanical-incentive-mechanism to stimulate healthy food purchases by providing Southwest Cucamonga residents with dollar -match subsides (up to $30 per month) on healthy food purchases at the Rancho Cucamonga farmers' markets. 20 Project Name Etiwanda Pacific Electric Depot Target Area Goals Supported Historic Preservation Needs Addressed Public Facility - Historic Preservation Prevent and Eliminate Blighting Influences Funding CDBG: $449,236 Description The preservation and historic restoration of the Etiwanda Pacific Electric Depot. The mission of this activity is to preserve the station through renovation for adaptive reuse as a museum and trailhead for the Pacific Electric Inland Trail, a 21 -mile long regional trail. Target Date 6/30/2019 Estimate the number and type of families that will benefit from the proposed activities Location Description The Etiwanda Pacific Electric Depot is located at 7089 Etiwanda Avenue. Planned Activities Install a small parking lot (including paved handicap and gravel non- hancicap), utilities (water, gas, and electric), and handicap accessibility to this historic structure. 21 Project Name Upper Cucamonga Storm Drain and Street Improvements Target Area Target Area 2 Goals Supported Improve Public Facilities and Infrastructure Needs Addressed Improve and Expand Facilities and Infrastructure Funding CDBG: $501,959 Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 33 Page 254 Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 34 Page 255 Description This multi-year project will be completed during the 2019 program year. The overall project will consist of storm drain catch basins and laterals, new curb and gutter, sidewalks, tree removals interfering with proposed sidewalks, relocate existing fence, new and relocation of existing mailboxes, utility adjustments, irrigation sprinkler heads relocation, minor road widening, access ramps and driveway approaches. These planned features will improve the drainage in the area, enhance the traffic circulation along with pedestrian access and safety. Target Date 6/30/2020 Estimate the number and type of families that will benefit from the proposed activities Location Description This project is generally located on the east side of Amethyst Avenue, south of 19th Street, and north of Base Line Road within Census Tract 20.23, Block Group 1. Planned Activities During the 2018 program year, project activities will consist of storm drain catch basins and laterals, new curb and gutter, sidewalks, tree removals interfering with proposed sidewalks, relocate existing fence, new and relocation of existing mailboxes, utility adjustments, irrigation sprinkler heads relocation, minor road widening, access ramps and driveway approaches. Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 34 Page 255 AP -50 Geographic Distribution — 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed <p align="LEFT">During the next year, the City of Rancho Cucamonga will allocate CDBG funds for use in the City's 3 Target Areas, as identified below. These funding percentages were determined by the City based on the Priority Needs Assessment and the availability of CDBG funding.</p> Geographic Distribution Target Area Percentage of Funds Target Area 2 52 Target Area 1 2 Target Area 3 2 Table 8 - Geographic Distribution Rationale for the priorities for allocating investments geographically <p align="LEFT">The City developed the geographic priorities outlined above with the goal of providing housing and community development improvements for as many low- and moderate -income residents as possible utilizing the City's CDBG allocation. CDBG funds will be focused on public facility or infrastructure projects that can serve a significant number of residents and a greater population density to allow for cost- effective delivery of services.</p> Discussion Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 35 Page 256 Affordable Housing AP -55 Affordable Housing — 91.220(g) Introduction <p align="LEFT">The City plans to utilize CDBG funds to support a number of authorized housing activities, including the City's Home Improvement Program. These activities are expected to provide rehabilitation assistance to 44 low- and moderate -income households.</p> One Year Goals for the Number of Households to be Supported Homeless 0 Non -Homeless 265 Special -Needs 0 Total 265 Table 9 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 0 The Production of New Units 0 Rehab of Existing Units 44 Acquisition of Existing Units 0 Total 44 Table 10 - One Year Goals for Affordable Housing by Support Type Discussion Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 36 Page 257 AP -60 Public Housing — 91.220(h) Introduction The Housing Authority of the County of San Bernardino (HACSB) provides eligible residents of San Bernardino County with quality affordable housing in decent and neighborhoods. By working in partnership with the public and private sectors, the HACSB provides families with housing choice and the opportunity to achieve self-sufficiency. HACSB administers the Project Based Senior Housing program, Public/Affordable Housing Program, Tenant Based Rental Assistance Voucher Program, and Project Based Voucher Program. Actions planned during the next year to address the needs to public housing The City will continue to support the Housing Authority of the County of San Bernardino (HACSB) Tenant Based Rental Assistance (TBRA) voucher program and public housing assistance. The HACSB manages a total of 1,321 Public Housing Assistance Units, occupied by 3,711 individuals, which are owned and managed by the HACSB. Within the City, there are 2 public housing units occupied by 14 individuals. County wide, the HACSB also has units that were either acquired or developed through a variety of partnerships with the State of California, San Bernardino County Department of Community Development and Housing, various cities throughout the county, and Housing Partners I, Inc., a non-profit public housing corporation. The HACSB also manages 9,526 Tenant Based Rental Assistance vouchers (previously Section 8) that are occupied by 24,822 individuals. Within the City there are 295 TBRA units occupied by 572 individuals. The voucher program units are privately owned, with rent subsidies paid directly to owners by the Housing Authority and these services are managed by HACSB. Actions to encourage public housing residents to become more involved in management and participate in homeownership HACSB undertakes a variety of initiatives to increase resident involvement, including a comprehensive, updated website that provides information on all facets of the housing authority operations, policies, and procedures. Establishing programs that represent all residents living in HACSB developments. The Resident Advisory Board was established to represent housing residents and voucher participants. Housing Authority staff work closely with RAB members to discuss potential policy changes, get feedback on messaging and communication to residents, and recruit participants for hearings and special events. The HACSB coordinates programs, activities, and services offered to residents, including: • The Family Self Sufficiency Program assists residents to achieve self-sufficiency. This is Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 37 Page 258 accomplished through goal setting, intervention, advocacy and community collaboration. Residents can get assistance with seeking employment, job training, and educational opportunities. • The Homeownership Program helps interested participants find an appropriate mortgage lender and work with the participant through the process of buying a home. • A variety of programs and services for children are made available to residents at various HACSB sites. These include but are not limited to: scholarships, after- school tutoring, health, safety, gang prevention programs, nature projects, etc. If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance <p align="LEFT">The Housing Authority of the County of San Bernardino is not designated as troubled and is considered a high performer with an assessment score of 90.</p> Discussion Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) W Page 259 AP -65 Homeless and Other Special Needs Activities — 91.220(i) Introduction The City's goal is to develop a comprehensive homeless assistance plan that provides a continuum of care with the purpose of ultimately assisting individuals in obtaining and retaining permanent housing. As the first priority in the plan, the City intends to continue funding those agencies that are able to provide the first line of defense in providing outreach and advocacy in assisting individuals and families who are homeless or at -risk of homelessness. These activities include the support of emergency shelter, shelter vouchers, food distribution, advocacy, and referral services. The City will continue to fund landlord/tenant activities as a means of assisting those who are at -risk of homelessness in keeping their homes. Additional assistance will be encouraged for those agencies that provide longer-term transitional shelter and assist in the transition to permanent housing opportunities. Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The City supports a variety of organizations that provide immediate assistance, advocacy, and short- term shelter to homeless individuals and families. The City will continue to address priority needs, and will continue to evaluate the provision of transitional shelter assistance. These agencies include: • Foothill Family Shelter: Foothill Family Shelter operates a 90 -day transitional shelter for homeless families with children. Support services are provided to enable families to obtain independence and permanent housing. They are located at 1501 West Ninth Street, Suite D, and at 230, 238, and 294 North San Antonio Avenue, Upland, CA 91786. • House of Ruth: House of Ruth provides shelter, programs, education, and opportunities for safe, self-sufficient, healthy living for battered women and their children who are at -risk of homelessness. Services provided include 24-hour emergency safe shelter for up to 30 days, 24- hour crisis intervention hotline, 24-hour emergency transportation, outreach offices, and children programs. House of Ruth is located in Claremont, at P.O. Box 457, Claremont, CA 91711. • Inland Valley Hope Partners — Food Security Program (SOVA): SOVA offers a 5 -day food supply (15 meals) for all members of a household. SOVA helps families maintain their health and avoid homelessness by providing emergency food assistance and support services. The IVHP offers the SOVA Program from offices located at 635 South Taylor Avenue, Ontario, CA 91761. • Foothill Family Services - Food Pantry - This community based food pantry offers non-perishable food to non -shelter residents within their service area. Clients are either homeless or low- income and unable to make ends meet. Eligible clients can obtain food once every 30 days and can receive non-perishable food, diapers, wipes, clothing, and hygiene products Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 39 Page 260 • Family Services Association - Senior Nutrition - This program is run from the Rancho Cucamonga Senior Center and provides meals prepared at the Senior Center and also provides meals prepared for home delivery. Family Services Association is located at 21250 Box Spring Road, Suite 212, Moreno Valley, CA 92557. Addressing the emergency shelter and transitional housing needs of homeless persons See discussion above regarding the support services provided by Foothill Family Shelter, House of Ruth, Inland Valley Hope Partners, and Family Services Association. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again See discussion above regarding the support services provided by Foothill Family Shelter, House of Ruth, Inland Valley Hope Partners, and Family Services Association. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs. See discussion above regarding the support services provided by Foothill Family Shelter, House of Ruth, Inland Valley Hope Partners, and Family Services Association. Discussion Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 40 Page 261 AP -75 Barriers to affordable housing — 91.220(j) Introduction: Davis -Bacon Prevailing Wages - A prevailing wage must be paid to laborers when federal funds are used to pay labor costs for any project over $2,000 or on any multi -family project over eight units. The prevailing wage is usually higher than competitive wages, raising the cost of housing production and rehabilitation activities. Davis -Bacon also adds to housing costs by requiring documentation of the prevailing wage compliance. State Prevailing Wage Requirements - The State Department of Industrial Relations (DIR) expanded the kinds of projects that require the payment of prevailing wages. Prevailing wage adds to the overall cost of development. Processing and Development Fees - The City charges a range of development fees and exactions to recover the costs of providing services to new development. Fees are designed to ensure that developers pay a fair pro -rata fair share of the cost of providing infrastructure and to compensate the City for the cost of processing the application. Application fees are established by a Fee Study, which analyzes a number of factors including processing time, number of people needed to review an application relative to the application received. This Fee Study is then used to determine the actual fees which are reviewed and adopted by City Council. Environmental Review - State law (California Environmental Quality Act, California Endangered Species Act) and federal law (National Environmental Protection Act, Federal Endangered Species Act, Migratory Bird Treaty Act) regulations require environmental review of proposed discretionary projects (e.g., subdivision maps, use permits, etc.). Costs resulting from the environmental review process are also added to the cost of housing. Residential Development Review — Project development review is required for the construction of all single-family units, condominium, and apartment projects. Development/Design Review applications are typically filed concurrently with tract or parcel map applications. Applications are reviewed for consistency with applicable development standards of the base district and the City's adopted design guidelines. Water and Sewer - Water and sewer services are provided by Cucamonga Valley Water District (CVWD). Based upon CVWD's Water Master Plan current water supplies and delivery systems are adequate and present no constraints to housing development. Rancho Cucamonga accounts for approximately 75 percent of CVWD's 47 square mile water service area, but about 90 percent of the customer service base. Sewer is provided by CVWD, while the Inland Empire Utilities Agency (IEUA) provides wastewater treatment facilities. School Facilities - Five school districts serve the City. As a result of the rapid growth prior to Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 41 Page 262 incorporation several of the local school districts have faced severe overcrowding. The present concern among the school districts continues to be the inability to finance construction of new school facilities in the post -Proposition 13 years. Financing Options for Required Infrastructure - Generally, the cost to extend urban infrastructure and services continues to serve as a constraint on development, including residential development. This is especially true in Rancho Cucamonga, which incorporated post -Proposition 13 where the City's share of the property tax is very low compared to surrounding cities. Other sources of funding for capital improvements and operating and maintenance costs are extremely limited. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment The City of Rancho Cucamonga will continue to work with government, public, private, and non-profit community agencies to remove or ameliorate the negative effects of public policies that serve as current barriers to affordable housing. Action steps as recommended and accepted by the City are summarized below: • The City will work to encourage a variety of housing types including single and multi -family homes, apartments, townhomes, duplexes, and live -work units in order to increase variability and affordability. • The City will evaluate the extent to which housing counseling is available to provide credit repair advice to members of the protected classes and to low- and moderate -income residents, in order to ensure that to the maximum extent possible, residents have access to means of improving their ability to obtain and maintain decent, affordable housing. • The City will support education and outreach efforts by community partners regarding needs assessments for affordable housing and subsidized housing. Discussion: Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 42 Page 263 AP -85 Other Actions — 91.220(k) Introduction: The Consolidated Plan provides a framework to address the needs of the City over the next five-year period using Community Development Block Grant (CDBG) funds. The three overarching objectives guiding the proposed activities are: • Providing Decent Affordable Housing • Creating Suitable Living Environments • Creating Economic Opportunities Outcomes show how programs and activities benefit a community or the people served. The three outcomes that will illustrate the benefits of each activity funded by the CDBG program are: • Improve Availability/Accessibility • Improve Affordability • Improve Sustainability All future activities funded through the Consolidated Plan/Annual Action Plan will support at least one objective and one outcome. The City's framework for realizing the objectives and outcomes is identified in the City's Priority Needs Assessment. Actions planned to address obstacles to meeting underserved needs The primary obstacle identified toward meeting under -served needs is a lack of available resources. This obstacle is and will continue to be an issue. The best way to address this matter is to combine efforts and resources and tap new funding sources. The City is striving to form public/private partnerships as well as seeking out new sources of funding, such as HOME funds to better leverage available funding. Actions planned to foster and maintain affordable housing A majority of the objectives and actions identified as part of this Annual Action Plan are specifically aimed at increasing and maintaining the City's existing affordable housing stock. Activities such as new construction, conservation of at -risk units, and preservation of existing units are all striving to increase the affordable housing stock. Actions planned to reduce lead-based paint hazards In conjunction with the Home Improvement Program, the City will continue to implement Federal requirements concerning lead-based paint reductions. HUD requires that for any program utilizing CDBG funds, all owners, and/or tenants be notified in writing about the dangers of lead-based paint. Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 43 Page 264 Units constructed prior to 1978, which are occupied by children under the age of seven, are inspected for defective paint surfaces. If a child residing in the home has an elevated blood lead level, then defective chewable surfaces will be treated and lead abated. Actions planned to reduce the number of poverty -level families The City has relatively little control over the many factors that may affect the determination of an individual's income level. The primary activity that may be utilized by the City is the support of public service agencies that incorporate job training and life development skills into their programs, which includes most of the agencies currently receiving CDBG funding. The activities funded by the City, particularly those related to non -housing community development, act indirectly to increase economic development in the City. The City, through its CDBG contract activities, complies with Section 3 requirements encouraging the employment of local low-income individuals. From a housing perspective, all of the priorities, objectives, and programs aimed at increasing affordable housing also increase the stock of housing available to those in the lowest income categories. Actions planned to develop institutional structure The Consolidated Plan evaluated gaps in the institutional structure and actions that might be taken to strengthen the system. It was determined that one main action that can be taken toward this is increasing expertise of staff and City Council, which in turn will increase the CDBG program efficiency and effectiveness. Increased contact and coordination among City departments will also contribute to the CDBG program's effectiveness. The City will continue to encourage direct contact between itself and the Public Housing Agency and other service providers operating in the region. Most of the coordination efforts in the west end are tied to funding resources and the type of service provided. Actions planned to enhance coordination between public and private housing and social service agencies The City annually reviews the Annual Comprehensive Grant application submitted by the Housing Authority, whereby the City must certify consistency of the activities with the goals and objectives of the Consolidated Plan. Discussion: Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 44 Page 265 Program Specific Requirements AP -90 Program Specific Requirements — 91.220(1)(1,2,4) Introduction: The following describes other program -specific requirements. Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(1)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5. The amount of income from float -funded activities 0 Total Program Income: 0 Other CDBG Requirements 1. The amount of urgent need activities 0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income.Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 80.00% Annual Action Plan 45 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) Page 266 <p align="LEFT">The City does not anticipate generating significant amounts of program income during the Consolidated Plan period. Only one activity, the City's Home Improvement Program, provides program income. Outstanding loans are not repaid on a specific schedule, but rather, upon sale or refinance of the home.</p><p align="LEFT">Of the City's FY 2018-2019 CDBG allocation, the City plans to allocate 20 percent for eligible planning and administrative activities. These activities are not subject to the low- and moderate -income benefit requirements. The remaining 80 percent of the CDBG allocation will be used to benefit low- and moderate -income persons.</p> Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 46 Page 267 Attachments Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 47 Page 268 Grantee SF -424's and Certification(s) 43MB maker 404G4Y i 6epkmikx Dat*: 170.IV2611F AppliciaUon for Fadscall sslstanoa SF424 ' r.Tyraeo'Submvaearn Freepp moon N"Icalian ❑ chorod-lCat+eaed App3eallen Ype ofARR6mlion ' Ir Rgai*n. eelxlapamlrahleuegel' _ Nan' �CmIlnuaLon ❑ Room- De10 Romlmm: A. Amiic nl Ida- nff-.. --19-P7C-46-p�5: 54. F"fil Efl1 V 1Jwr¢; 5b. Fodorel Aw= Ua7ifrer S{aLeUGe Oply; R Gala Rpek�-nd 5+ QJAI� 7.51439 ARRLtsiall Idanlfel: LAPPUCART INFORMCWH: 'a Legal Hamx -__y Do '-LfLCrA �uovn_nga ' h. Frntloy&fMm9:tar Wanhrrafen Nianher(M(WiIN.L Cogeuieelsnal DUMB: I I LIUYQS LOTC J1G 3 i5-3,- 3?Or I tl. Add Iran : 'Sirooli; 53537 r; -:;r. Dr," Sb,L f : F8 Bea 907 OF nehm Gucanarga 0: fo PafLh: -&a7e pmix4: 'Counlr4: 'dRl pmlal Daae ?Li --4-9 eR7 CA! C.r llfa_ry1a 715x: UVITEp GTAIEC �Orqzrd oEamat UFAL [tlpoltr*rt Name: P7+41Di uw-*- Rl Rrpartpea: f. Monro oad carrloct Infnnnrlen d puson m ba nortmeled m MOLI-m Invp[ Vlg Ihh apPllentMn, FreBrc Jnr - ' FI: W EBddk Nam-. '1aQi Nw— lNma 541111: Tide: Nnn vg ... r. rn.1y.t V+ ip4 }'rll Lln"011. Tebeplm"Nrrno^r. (9e31 Fan Numbu ' EmP1'=3aela.n'�.1=Rol o'�5C_y_ui Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) m Page 269 Appllefdon for Feferal Assla[anse $FAZ4 9. Type el Applloarrt 1= Boloor Appllro■rt Type: C: -�1Lf ce 2ox,I311_F GnvkC LLVIL4 1 Tkpe-D1 "FF'Ofil F,SelEoApplawTFpe Type of Ap Flcenl 3: Select Appimt Type ' VMHr [Mar<ry� ` la Name aF Fedrmi Awino+�. it: ,i, rkpe r=nen# of it ua inry and -Jrbar 0^_noloFAont ii_Cat&lpofFod—l6o-mg4l;A1rikrlr "Mumgpr. 1{_.12 CRDA Tal, HCDh - uoisravrl Lr DowDlcpren= 31,�ck ::CanL �L:Lef1=c14aClrej#r,1, ` i2 FundnipOpportunity W"ber: T -4i. 13. L7orrpell on Ida llfsallan ffumhen 10.Afsra A�flaC4ptl by Prcds"[QF* . Owr1U■6 91N.e..lcj; M.Alioannenl Ddclr.A=-tma-i1 'l�x,4larnm ` 16. 6esodpdvo THIO of AppikanPs P 4a =t: Moue ir7 ft atAi itot ion: Ruraric Freser'rs ti -.n. Eardlrap, 8treoc, and ?dblie F.S.�_1L.pr nUr.,-r4a: amd PLIlic ee=sl=es IFair Hausinq, :ar1U:El SonaryL, ilLSen iC-. Yor.th. e.rd ]Iarxles s. AXech rr■pering d9w+■nle ar epeafea In a�}Indh-u:Alonc AAtllUla[!■Y DaleleAftu&mne:Le View AltirF.rnonft Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 49 Page 270 ApplIvErtlon for Federal Ass latanee SF-M 7r. canpro401et d 1010 is Or. •R. Awoc&f t-5031 'h. PIOP3TJPYoIeG G-a3L Asch anaa311otiv Is131 Prog�m'Prnlmd Oo"merry DIrIHt massae ,41Jd AI41d•'mant ieleLr rill° -,!IL L'ieJa illL#r5,8rV li. Propoa.ed Pra)ect: 'a813rt0hrr: Is. PrdElms B5;'34f CJ4 ia. Ea lm414dFLlnwtgq$): r Appkr-vt n_ed `G Sar n_nn • d Lauf IU a B -e. (law n_nn •r FreGrif,Memo •g T.MgL -"Gn9-Ill} ' TD. to Appfeanao5u6Jretto- FUY10-l3Y 9gde UndwDsft6ve Dodef 12172Praceas7 ❑ a. TNN epp6w:vnwasrnede emlHhle Ip the SiaLe Under LFra ExrsulivrCW" 12372smc=93rrevkrwan ❑ h_Ro¢arn isalhlacl ID E.O. 12372bul.h2s nothoonsafoftd b Ma two lar rumi ' ® c. Pm am ie nal oot'erad by E.O. TMI ' 20. Is ltm Appiconi OMnquond ilin Any Fodrrr Dobl? IV'Yaa.' prouldr pppinMloM1 in 6S1br'hIY mt,1 ❑ Yea EDNtr Ir'Yrs, providen"LaraGm aMau u:h P do All ucl mer D--- e A:l:rhrlerI 31, 'ft el41dnip lhle applko kn6 I sardFjr C1 Lo the =IcmcrrLs ca ndnod hr Lho, lIG1 cd eorllhcodomR.Id ¢} Cvt 1Fa o{abMjLria Jlerelrl ere IruL-, tornplata and accurate to tho hest of my knrnAoto. I also prooldo t•to roqueoet oeouninarsr" mW ngrF4 to Cm7 IYIFI[IlRMYleBUlllrglarMSitlWyeptana',rardLlanawareMalorryfolsa,ncttdaus,arfraidulordatalonrwloeeUaLm■ may vibjwt rt19' kir crhirkJ, edvll, ew 4drr&kl4[el1re permlUm. JU.B. Cade, Mir 21k Socdvn Ml [g ••IA4REE The IM of cert neio ns arra aas, os. a• on L ra .. MA whom 3+ axy ahmim thip 111, b cult~nej k% 4* strip Eunnernert Gr mercy I" V-7, IfffiNdats. �SL+IIw[tzrd Fl�prvsanGMlaq= PIZS K: Lir. •F'ral FJeme: Prnnis Mddla Flame- `Lail Warne H1e]aoL slm,c ithtl�: H1.1ax reaFhoae 14arah9'. $,9091 47-27m F� Numhor. 'Emu[: -S goC..e vfftaonz-A R=cwrlatba: '11"kF-m hF ii7J7n1E Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 50 Page 271 sic W.3iIF: 0P In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively FWrther Fair Housing - The juris4liction will affirmalivW ftrrther fair hoUsing Uniform Relocation Act and Anti-displacoment and Relocation Plan -I[ YOII complywith the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisilion Policies Act of 1970, as amended, (42 U.S.C. 4601-4650 and implementing regulations at 49 CFR 24- It has in effect and is following a residential aft displacement and relocation assLstance plan required u owler 24 GFR Part 42 In oannectlon wllh arty activity assisted with funding under the Community Development Black Grant or HOIdIC programs. Anti-trabbyi ng - To the hest of the jurisdiction's knowledge and belief: 1. No Federal approprlated funds halve been pall or will be pald, by or -on behalf of �, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or air employee of a Member of congress in connection with the awardirtig of any Federal conlract, the making of any Federal grant, the making of any Federal loan, the entering into of any coaperamve agreement., and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; and 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or emp"e of C"res,, or an emp"e of a Member Of Congress in connection with this Federal aarrtraM grant, loan, or cooperative agreement, k will oarnplete and submit standard F04M-LLL, "Disclasure Form to Report Lobbying," in accordance with its instructiom', and 3. It will require that the language of paragraph 1 and 2 of this anti -lobbying certificadon be Included In the award documents for all subawards at all tiers (rnduding subcontracts, subgrants, and corrtracts under grants, loans, and cooperative agreements) and that all subrecipients shall oertify arrd disease accordingF}. Autharlfy of Jurlsdlciion - The consolldated plan is authorized under state and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it its seeking hinding, in accordance with applicable HUD regulations, c=onsistency vdih plan -The housing actnrities to be undertaken wlih CDI3G, HOME, E5G, and HOPWA funds are consistent with the jurisdictions consolidated plan_ Section 3 - It will comply with section 3 of the Housing and Urban Development Act of 1963 (12 U,$-C-1}Ofu} and Implementing regulatiansat 24 CFR Part 135 - June 20, 2018 L. Dpnnis Michael Mayor Ggty of Rancho Oucarrronga 10500 Civic Centef f)rive Rancho Cucamonga. CA 91730 Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 51 Page 272 Specific CDBG certflications The Errlitlement Community certifies that Citizen Participation — it is in full compliance and following a detailed citizen participation plan that satisfies the requirement!; of 24 CFR 91 -10$ - Community Dowliopment Plan — Its consolidated plan ideri0es community development and housing needs aA specihes both short-term and long-term community development objectives that have been developed in accordance with the primary objective of the CDSG program (i.e., the development of viable urban oammunities, by providing decent housing and expanded economic opponunitles, primarily for persons of low and moderate Income) and requirements of &t CFR parts 91 and 570. Following a Plan — It is following a current consolidated plan that has been approved by HUD use of f=unds — It has complied with the following criteria; 1. Maximum Feasible Priority- With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to girve maximum feasible priority to 2idivities which benefit lair- and moderate -Income families or aid In the prevanuan or elimination of slums or blight. The ,fiction Plan may also include activities which the grant-ee certifies are designed to meet other cammunity dMiopment needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available; and 2. Overall Benefit- The aggregate use of CORD funds, including SeCtipn 108 guaranteed loans, during program year 2019 (a period specified by the grantee consistrrg of one, two, or three specific consecutive program years), shall pnncipalty benefit persons of low- and moderate -income in a manner that ensures that al least 70 percent of the amount is expended for activities that benefit such persotrs during the designated period; and 3. special Assessments. It will not attempt to recover any capltall costs of public improvements assisted with ODBC, funds, including Section 10$ loan guaranteed funds, by a5ses5ing any amou nt agN nst properties owned and occupied by persons of low- and moderate -Income. Including any fee charged or assessment made as a aondllion of obtaining access to such public improuements- Hovrever, it CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital oasts of putttle improvements (assisted in part with CDEG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a Source other than CDBG funds. In Addition. in the case of properties owned and occupied by moderate -income (net low- income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it Wks C DSG fronds 14 oom the amnment. Excessive Faroe — It has adopted and is enforcing: 1. A policy prohibiting the use of excess" force by law enforcemnt agenrues within its jurisdiction against any individuals engaged in non-violent civil rights demonstralions; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to ar exit lrem a facility or loc:atloo which is the subject of such rion-violeot civil rights demonstrations within its jurisdiction - Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 52 Page 273 Compliance with Anfl-dis"iminatian laWS — The grant will W conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 20004) and the Fair Housing Act (42 USC 3601-3619) and implementing regulations, Lead -Based Palnf — Its activities Concerning ttsad-bayed paint will Comply with thereq,jirernenls of 24 CFR Part 35, subparts k B. J, K, and R-, Carnplianee with Lon — It will comply with applicable laws. June 20, 2018 L. L)ennis Michael Mayor City 4f Rancho Cucamonga 30500 Givio Cenler Drive Rancho Cucamorga. CA 91730 Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 53 Page 274 Appendix to Cedifleadlons INSTRUCTIONS CONCERNING LOBBYING CERTIFICATION= Lobbonc Certrfication This certification iS a rnaterial represeriWon of fact upon which reliance was placed when this trarrsaction was made or entered into_ Submission of this certification is a prerequisite for making or eolering into this transaction imposed by section 1352, We 31, U.S. code, Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,004 and not mare than $100,000 for each such failure. Annual Action Plan 2018 OMB Control No: 2506-0117 (exp. 06/30/2018) 54 Page 275 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM 2018-2019 Annual Action Plan City Council June 20, 2018 Annual Action Plan • Consolidated Plan - 5 -Year Implementation Plan. - Adopted May 6, 2015. - July 1, 2015 to June 30, 2020. • Annual Action Plan - 1 -Year Action Plan. - July 1, 2018 to June 30, 2019. Annual Action Plan • Provides a 1 -Year Action Plan. • Addresses objectives of Consolidated Plan. • Identifies how CDBG funds will be used, sets accomplishment goals for each activity, and a completion time frame. • Includes: Administration, Capital Improvement, Home Improvement, Historic Preservation, and Public Service activities. CDBG Eligibility • All activities must meet one of the two primary goals of the CDBG program: - The development of viable urban communities, including decent housing and a suitable living environment. - The expansion of economic opportunities, principally for persons of low and moderate -income. CDBG National Objective • All activities must meet either: - Benefit low- and moderate -income persons. Prevent or eliminate slums or blight. Meet other community development needs having a particular urgency because existing conditions pose a serious threat to the health or welfare of the community and other financial resources are not available to meet such needs. Low- and Moderate -Income National Objective i rl 1 ' 1 r Mode Rd R J m,m� s:'r--- CT 20.25 B _ LT 2'11.6 CT 20.27 re^.j BG BG 2. 3 it ' • ' ' Q Census Tract Boundary t _ j CT 21.13 BG t. z CT 21.07 - BG 1, 2�3 41Oe, H' CT21.O1 BC 1,2'I CT 21.05 CT2105 5� e j BG 1 BG I- � a - V ............. 3._.._...__.._._..._� _ _., LMC = Low/Mod i e i } Clientele - 51% 1 I i I tYlzu.,A, _., clients served. i 1 I Ix !'MLMA = Low/Mod Area - 51% area residents. CT 22.17 e2 1 City of Rancho Cucamonga LMA Block Groups CT 21.10 BG 1 ' • ' ' Q Census Tract Boundary bs's` Block Group Boundary CT = Census Tract BG = Block Group Low- and Moderate -Income • Individuals and families at or below 80% of the HAMFI. • Gross income for all household members. FY 2018 Income Limit Area Riverside -San Bernardino -Ontario, CA MSA FY 2018 Income Limits Summary Median Family Income FY 2618 Income Limit Category 1 2 3 Persons in Family 4 5 6 7 8 Very Law (50%) Income Limits ($} 23,600 27,000 36,350 33,700 36,400 39,160 41,800 44,500 Extremely Low $65,800 Income Limits ($)* 14,156 16,460 26,780 25,100 29,420 33,740 38,066 42,380 Low (80%) Income Limits ($) 37,750 43,150 48,550 53,900 58,250 62,550 66,850 71,150 Annual Funding • CDBG funds are provided by HUD. • Allocation formula is based on: — Poverty Rate. — Population. — Overcrowding. • FY 18-19 Allocation $960,759. — $111,731 (11.62%) more than FY 17-18. 2018-2019 Annual Action Plan Funding Recommendations • Administration - CDBG Administration.................................................................................................................................................$169,000.00 • Capital Improvement - Wheelchair Ramps............................................................................................................................................................$22,850.00 - Sidewalk Grinding...............................................................................................................................................................$22,850.00 - Upper Cucamonga Storm Drain/Street Improvements*..........................................$501,959.00 • Home Improvement - Home Improvement Program" $478,280.85 • Historic Preservation - Etiwanda Pacific Electric Depot***..........................................................................................................$449,236.26 * 2 -Year activity (will require $169,668 in FY 19-20 to complete) ** Includes ($218,960 in reprogrammed funds and $159,320.85 in program income) *** Prior year activity funding 2018-2019 Annual Action Plan Funding Recommendations • Public Service Activities - Camp Fire......................................................................................................$5,000.00 - Bringing Health Home$13,000.00 .................................................................... - Foothill Family Shelter —Food Pantry.......................$5,000.00 - Foothill Family Shelter —Housing Services ........ $5,000.00 - FSA— Senior Nutrition ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,$10,000.00 - House of Ruth..........................................................................................$5,500.00 - IFHMB —Fair Housing...................................................................$9,700.00 - IFHMB —Landlord/Tenant Counseling.....................$8,200.00 - Inland Valley Hope Partners (SOVA) ....................... $121500.00 2018-2019 Annual Action Plan Funding Recommendations • Public Service Activities - Back to Basics.........................................................................................$8,000.00 - Graffiti Removal.................................................................................$15,000.00 - Northtown/CASA..................................................................................$9,000.00 - Northtown Collaborative............................................................. $9,300.00 - Senior Services..................................................................................$12,500.00 - Senior Transportation.................................................................$16,400.00 Recommendation • Staff recommends that the City Council adopt the 2018 Annual Action Plan. DATE: June 20, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison INITIATED BY: Jim Markman, City Attorney Jana Cook, Community Improvement Manager SUBJECT: CONSIDERATION TO CONDUCT FIRST READING AND INTRODUCE ORDINANCE NO. 930, AMENDING TITLE 17 OF THE MUNICIPAL CODE TO REVISE SIGN REGULATIONS FOR PUBLIC PROPERTY. RECOMMENDATION: Staff recommends the City Council review and conduct first reading of Ordinance No. 930, regulating the placement of signs on public property. BACKGROUND: The current Sign Regulations for Public Property in the Municipal Code generally prohibit the display of signs on City property by any private party, with certain defined exceptions. Private signs that are allowed in the right-of-way include temporary signs with a noncommercial message when personally attended; the Street Banner Program signs; wayfinding signs when installed subject to program policies and administrative criteria; and up to four real estate signs to direct traffic to the subject location of the sale. In the last 3-5 years, there have been several judicial decisions that hold that government regulation that distinguishes between certain categories of signs likely violates the 1 It Amendment of the United States Constitution as a content -based regulation on speech. The case law does support limited distinctions between commercial signs and non-commercial signs, but only where the restrictions or requirements on non-commercial signs are less restrictive than what would be required for commercial signage. This is a recognition that non-commercial speech, such as religious or political speech, is provided greater protection under the 1 It Amendment. The City Attorney, working with city staff, has completed extensive research and prepared a draft of proposed revisions to Chapter 17.72 SIGN REGULATIONS FOR PUBLIC PROPERTY The draft revisions retain the right of the City to post signs in the right-of-way (as a form of government speech). Personally Attended Signs on public property remain limited to non-commercial use, similar to the current regulations. The proposed regulations for posted signs would be neutral with respect to the content of the sign, other than certain additional reasonable restrictions on commercial signage. Staff members in Planning, Engineering, Public Works and Community Improvement have collaborated to develop these restrictions and requirements which are clear, well defined and narrowly tailored to address the public interest of safety and aesthetics in the community. Page 276 Staff initially presented proposed revisions to City Council on January 17, 2018 with the request for additional direction and guidance from Council. The unanimous direction from Council was to obtain additional input from interested parties and to take the proposed revisions to the Planning Commission for required review. Outreach has been conducted with staff presenting the proposed revisions to the Rancho Cucamonga Chamber of Commerce Business Connections Network breakfast, the Inland Valley Association of Realtors lunch, the Building Industry Association and the West End Real Estate Professionals Caravan. The draft regulations were well received by business professionals understanding the need for fair and enforceable regulations. The comments received resulted in modification of the proposed revisions to include a limit on the total number of commercial signs and the restrictions on signs related to fictitious or past events. The proposed revisions were presented to the Planning Commission on February 28, 2018 in an advertised public hearing which was continued to March 28 to respond to concerns of the Commissioners. The concerns noted were the timing of the proposal relative to an election cycle, the manner in which the maximum number of commercial signs was derived, and the impact of enforcement on city staff. Staff responded to Planning Commission concerns on March 28 and April 11 th with the information that work had begun on the proposal in May 2017, well before the current election cycle commenced. The maximum number of signs was derived from informal polling of real estate professionals and staff concurs that twelve is a reasonable number of signs to give direction to an event location. Lastly, while Staff does not anticipate complete compliance with the new regulations at all times, it is reasonably anticipated that through clear, applicable codes, enforcement efforts would be aided. With the additional information, Planning Commission unanimously approved Resolution 18-16, recommending the attached ordinance for approval by City Council. If adopted as proposed, the new regulations will give clear information to those posting signs in the right- of-way and allow enforcement for those in violation. ANALYSIS: The use of public spaces for signage has become a significant issue in aesthetics, safety and liability; at the present time the out-of-date requirements in the current Municipal Code inhibit enforcement ability. For example, political signs are not permitted in the right-of-way as the code is written, only signs posted by the City, street banners, wayfinding and only up to four real estate signs are exempt from the general prohibition. This type of regulation based on content (real estate versus political) is arguably contradictory to current case law. Amending the Municipal Code as proposed will allow for the lawful placement of different types of signs because the new regulations would be based on the time, manner and placement of the sign to further the City's interests in aesthetics and public safety. The regulations address safety requirements and provide for timely removal. Signs in the right-of-way would be limited for size, height and a display period of 60 days in a content -neutral manner. As proposed, staff could take action to remove signs found in violation by notifying the responsible party or removing the sign for later retrieval by the responsible party. Commercial signs, including real estate, would no longer be restricted to four signs for display, but would instead be subject to regulations on the location and manner of placement. Only one sign would be permitted on any street frontage within a city block up to a maximum of twelve total signs, allowing for multiple directional signs to be posted, but maintaining the aesthetics of the City streetscape. Commercial signs would also not be permitted near the permanent location of a business to maintain the purpose and effectiveness of the sign program for private property. These regulations would also not affect temporary signs posted on private property in the City, which would be permitted according to the current Municipal Page 277 Code requirements. FISCAL IMPACT: None. COUNCIL GOAL(S) ADDRESSED: None noted. ATTACHMENTS: Description PC Reso 18-16 ORDINANCE NO. 930 Page 278 RESOLUTION NO. 18-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF MUNICIPAL CODE AMENDMENT DRC2018-00177 — AMENDING TITLE 17 (DEVELOPMENT CODE) OF THE MUNICIPAL CODE TO AMEND REGULATIONS REGARDING THE POSTING AND DISPLAY OF SIGNS IN THE PUBLIC RIGHT-OF-WAY, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga has prepared Municipal Code Amendment DRC2018- 00177 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Municipal Code Amendment is referred to as "the application." 2. On the 14th day of March 2018, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and continued said hearing to the meeting of March 28, 2018. A legal Notice of Continuance was posted. 3. On March 28, 2018, the Planning Commission of Rancho Cucamonga continued said hearing to the meeting of April 11, 2018. A legal Notice of Continuance was posted. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above - referenced public hearing on March 14, 2018, March 28, 2018 and April 11, 2018, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The City recognizes recent case law decisions which identify regulations based on the content of a sign when placed on public property as unconstitutional. Based on these decisions, the City can no longer prohibit the placement of some signs while allowing other entities to post signs in public places. b. The only permitted distinction is between non-commercial signs and those with a commercial purpose. This is a recognition that non-commercial speech, such as religious or political speech, is the most valued and protected form of expression under the First Amendment. This distinction allows regulations to be more restrictive on commercial signs than on non- commercial signs. c. The City desires to amend Title 17 of the Municipal Code in order to regulate the posting and display of signs in the public right-of-way throughout the City. Page 279 PLANNING COMMISSION RESOLUTION NO. 18-16 MCA DRC2018-00177 - CITY OF RANCHO CUCAMONGA APRIL_ 11, 2018 Page 2 d. The proposed regulations are neutral on the content of any sign, regulating only the time, manner and placement of signs in the interest of public safety, community aesthetics and equal access to public places. e. Per Section 17.22.040 of the Development Code, amendments to the code may be approved only when the City Council finds the Development Code amendment is consistent with the General Plan Goals, policies, and implementation programs. General Plan Goal CM -4 calls for the maximum operational efficiency of the street system. By regulating the time, manner and placement of temporary signs in the right-of-way, the safety for drivers, pedestrians and bicyclists is improved in accordance with General Plan Community Mobility Policy CM4.2. f. Additionally, General Plan Goal LU -11 is to ensure Community aesthetics are maintained through appropriate regulation. This proposal reduces possible traffic hazards and promotes a high-quality visual environment throughout the City by providing the authority to remove temporary signs in the right-of-way, meeting the objectives of General Plan Land Use Policy 11.1. g. The intent of this resolution is to continue the long-standing practice of regulating signage to advance the City's interest in traffic safety and community aesthetics. h. The resolution is intended to provide reasonable sign regulations that advance these interests without making reference to, or imposing any regulation based on, the content of temporary signs posted in the right-of-way or the messages that they convey. 3. The proposed amendment will not have a significant impact on the environment. The proposed amendment is Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15305 - Minor Alterations in Land Use, and Section 15061(b)(3) which is the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment, and CEQA does not apply where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. The proposed ordinance does not permit nor allow the construction of any new facilities. It permits the temporary installation of signs within the public right of way with appropriate restrictions on time, manner and place. The signs are regulated to be of size and scale to prevent impacts to traffic, bicycle and pedestrian safety while maintaining a high quality visual environment. Therefore, this project will not have a significant effect on the environment. 4. Based upon the conclusions set forth in paragraphs 1, 2 and 3 above, this Commission hereby recommends that the City Council approve Municipal Code Amendment DRC2018-00177 as indicated in Attachment A incorporated herein by this reference. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 11TH DAY OF APRIL 2018. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA Page 280 PLANNING COMMISSION RESOLUTION NO. 18-16 MCA DRC2018-00177 - CITY OF RANCHO CUCAMONGA APRIL 11, 2018 Page 3 BY: Francisco Oaxaca, Chairman ATTEST: v A" "'d Cand Burnett, 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 11th day of April 2018, by the following vote -to -wit: AYES: COMMISSIONERS: GUGLIELMO, MACIAS. MUNOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: NONE Page 281 CHAPTER 17.72. - SIGN REGULATIONS FOR PUBLIC PROPERTY Section 17.72.010. - Purpose and proprietary capacity. This chapter regulates signage in the public right-of-way and on other city -owned property. In adopting this section, the city council acts in its proprietary capacity as to city property, as defined in this title, within the city. This section is adopted pursuant to the city's general powers, property rights, Government Code §§ 65850(b), 38774, and 38775; Business and Professions Code § 5200 et seq.; Civil Code § 713; and Penal Code § 556 et seq. Section 17.72.030. - General prohibition. Unless specifically authorized by this chapter, no signs may be displayed'on-city property by private ' N�k parties. Section 17.72.040. - Signs allowed on city property;. The following signs may be erected and displayed on city property: A. Signs erected by the City or another rnm goveental unit. B. Signs allowable under sectiok,17:72:050 (Personally Attended Signs), 17.72.060 (Street Banner Program), 1777,2.070(Coom�m�unity Directional Wayfinding Signs), 17.72.080 (Pos�Sig-ns in the Public Right-of=Way) and17.72.090 (Commercial signs Posted in RAM Streets) of this chapter. Section 17.7r2r050. Persd-n­5lly1AtterfdedVSigns. In areas qualifying as public f ruo ms, private persons may display noncommercial message signs thereon, provided that such signs conform to all of the following: A. The signs must be personally held by a person or personally attended by one or more persons. "Personally attended" means that a person is physically present within five feet of the sign at all time . B. The signs may be displayed only during the time period of sunrise to sunset, except on occasions when the city council and/or the planning commission are holding public hearings or meetings; on such occasions, the display period is extended to 30 minutes after such meeting'is officially adjourned. C. The maximum aggregate size of all signs held or personally attended by a single person is 12 square feet. For purposes of this rule, apparel and other aspects of personal appearance do not count toward the maximum aggregate sign area. D. The maximum size of any one sign which is held or personally attended by two or more persons is 50 square feet, measured on one display face only. E. The sign must have no more than two display faces and may not be inflatable, air - activated or have mechanical movement. Sign Regulations for Public Property — Proposed Revision March 2018 Attachment A Page 282 F. In order to serve the city's interests in traffic flow and safety, persons displaying signs under this section may not stand in any vehicular traffic lane or in a traffic median when a roadway is open for use by vehicles, and persons displaying signs on public sidewalks must give at least five feet width clearance for pedestrians to pass by. Persons holding signs may not obstruct the extended line of the "clear visibility triangle", as defined in chapter 17.126 (Universal Definitions) and depicted in Figure 17.72.080.D. Section 17.72.060. - Street banner program. The purpose of this program is to establish guidelines and criteria for the selection of city events for marketing through street banners and procedures for the display of street banners. In furtherance of this program, the city council established program policies and administrative criteria for the operation of the program, selection of designated street banner locations, and applicant procedure and approval process, including terms and conditions. Section 17.72.070. - Community directional wayfinding signs, The intent of this program is to provide assistance to motorists and pedestrians in navigating the city and providing access to tourist -oriented destinations, regional attractions, parks, historic and cultural sites, and other public venues within city limits. In furtherance of this program, the city council shall establish program policies and administrative criteria for the operation of the program, selection of destinations to identify through the program, and sign location and design criteria. Section 17.72.080. - Posted signs in public streets. In public streets, including public street frontage, private persons may display noncommercial and commercial message signs thereon, provided that such signs conform to all of the following: A. Signs shall be freestanding and not affixed to any existing structure, including but not limited to poles, posts, permitted signs, or utility boxes_ 8. Signs shall not obstruct any existing, permitted, permanent sign. C. Signs shall not exceed nine (9) square feet in total area. The sign's height shall not exceed 36 inches above the ground. D. Signs shall not create a traffic or pedestrian hazard. In addition, any sign placed in a traffic median, roadway intersection, driveway, or in the extended line of the "clear visibility triangle", as defined in Chapter 17,125 and depicted in Figure 17.72.080.D., shall be considered hazardous and are prohibited. Sign Regulations for Public Property -- Proposed Revision March 2018 Page 283 FIGURE 17.72.080.D. EXTENDED AREA OF CLEAR VISIBILITY TRIANGLE Road Right -of -Way Line or Edge of Orivewoy. No signs allowed in hatched area Rood Right -of -Way Line E. Signs are prohibited on right-of-way immediately adjacent to city property, including but not limited to parks, community centers, city facilities or unimproved parcels. F. No more than one sign containing two display faces is permitted on each side of a public street on each city block_ For purposes of this section, a city block shall be the street frontage located between roadway intersections, dead ends, cul-de-sacs, or a turn in the roadway alignment of 45 degrees or more. G. Signs which have become wom, faded, weathered, torn or dilapidated in any way shall be repaired or removed immediately by the owner or responsible party. H. Signs posted in the same location continuously for longer than 24 hours shall be limited to two periods of display per calendar year, provided that they may be posted for a maximum of 60 days at any one time and at least 60 days shall separate the conclusion of the first 60 -day term and the beginning of the second 60 -day term. Each sign shall be marked with the date the sign was posted, I, Signs posted on a daily basis shall be displayed for no more than 12 hours in each 24 hour period_ Such signs shall be displayed for no more than 90 days per calendar year, whether consecutive or intermittent days. J_ Signs advertising or promoting a particular event, including commercial and non-profit events and elections, shall be promptly removed no later than forty-eight (48) hours after the event's conclusion or, in the event it is cancelled, its cancellation. Signs that have not been removed within the required period shall be subject to immediate abatement by the City_ Section 17.72.090 Commercial signs posted in the public right-of-way. A. Commercial signs shall conform to all provisions on Section 17.72.080 for size, manner and placement. B. A commercial entity with a permanent location and permitted, permanent sign shall not post any temporary commercial signs in the right-of-way within 200 feet of the perimeter of the parcel or structure, including a master -planned, contiguous shopping center, whichever is furthest, where the business is located. Sign Regulations for Public Property— Proposed Revision March 2018 Page 284 a No more than twelve (12) signs, each containing no more than two display faces, shall be posted at any one time for each business. In the case of multiple business entities occupying the same premises, each separate business entity shall be permitted up to twelve (12) such signs. In the case of a single business entity occupying multiple locations, the business entity shall be permitted up to twelve (12) signs for each business location. D. Commercial signs that either falsely advertise a commercial event that is not occurring or advertise any illegal activity are prohibited. Section 17.72.100 Removal of signs from the public right-of-way and city property. A. Any sign found in violation of this chapter may be summarily removed by the City as a trespass and a public nuisance. if the sign includes contact information for the sign's owner, then the city will make reasonable effort to contact the owner with information on how and where to retrieve collected signs. Signs shall be held by the City for collection by the owner for a period of thirty (30) days. Any signs not collected by the owner after thirty (30) days shall be disposed of by the City. B. The City shall not be responsible nor make restitution for any sign posted in violation of this chapter, whether or not the sign is removed by City staff. C. The person or organization responsible for placing a sign in the right-of-way or city property shall assume all liability for damages to the sign or caused by the installation or display of the sign. Sign Regulations for Public Property — Proposed Revision March 2018 Page 285 ORDINANCE NO. 930 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING SIGNS ON PUBLIC PROPERTY AND THE PUBLIC RIGHT OF WAY 1. Recitals. A. Without adequate regulation signage can endanger the public, distract drivers, create confusion and foster a negative image of the City on the part of the public. Moreover, excessive signage can damage view corridors, diminish property values and detrimentally affect the quality of life of City residents and visitors. B. This Ordinance consolidates, clarifies and updates the City's sign regulations as they relate to public property, including public rights-of-way. This Ordinance does not adopt or amend any ordinance or regulation that regulates or prohibits the use of any on -premises advertising display. C. In developing this Ordinance, the City Council has been mindful of developments in the law since the last amendment of the sign regulations. The City Council intends that this Ordinance continue the City's long-standing practice of regulating signage to advance the City's interests in traffic safety and community aesthetics. This Ordinance is intended to provide reasonable sign regulations that advance these interests without making reference to, or imposing any regulation based on the content of signs, or the messages that they convey. D. The sign regulations imposed under this Ordinance are a matter of citywide importance and are not directed towards any particular business or property owner. E. All legal prerequisites to the adoption of this Ordinance have occurred. 2. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1. This City Council hereby specifically finds that all of the facts set forth in the Recitals of this Ordinance are true and correct. SECTION 2. Chapter 17.72.020 PROPERTY") of the Rancho Cucamonga entirety to read as follows: ("SIGN REGULATIONS FOR PUBLIC Municipal Code is hereby amended in its CHAPTER 17.72 SIGN REGULATIONS FOR PUBLIC PROPERTY Page 286 Section 17.72.010 Purpose and proprietary capacity. This chapter regulates signage in the public right-of-way and on other city -owned property. In adopting this section, the city council acts in its proprietary capacity as to city property, as defined in this title, within the city. This section is adopted pursuant to the city's general powers, property rights, Government Code §§ 65850(b), 38774, and 38775; Business and Professions Code § 5200 et seq.; Civil Code § 713; and Penal Code § 556 et seq. Section 17.72.020 General prohibition. Unless specifically authorized by this chapter, no signs may be displayed on city property by private parties. Section 17.72.030 Signs allowed on city property. The following signs may be erected and displayed on city property: A. Signs erected by the City or another governmental unit. B. Signs allowable under section 17.72.040 (Personally Attended Signs), 17.72.050 (Street Banner Program), 17.72.060 (Community Directional Wayfinding Signs), 17.72.070 (Posted Signs in the Public Right -of -Way) and 17.72.080 (Commercial signs Posted in Public Streets) of this chapter. Section 17.72.040 Personally Attended Signs. In areas qualifying as public forums, private persons may display noncommercial message signs thereon, provided that such signs conform to all of the following: A. The signs must be personally held by a person or personally attended by one or more persons. "Personally attended" means that a person is physically present within five feet of the sign at all times. B. The signs may be displayed only during the time period of sunrise to sunset, except on occasions when the city council and/or the planning commission are holding public hearings or meetings; on such occasions, the display period is extended to 30 minutes after such meeting is officially adjourned. C. The maximum aggregate size of all signs held or personally attended by a single person is 12 square feet. For purposes of this rule, apparel and other aspects of personal appearance do not count toward the maximum aggregate sign area. D. The maximum size of any one sign which is held or personally attended by two or more persons is 50 square feet, measured on one display face only. E. The sign must have no more than two display faces and may not be inflatable, air -activated or have mechanical movement. Page 287 F. In order to serve the city's interests in traffic flow and safety, persons displaying signs under this section may not stand in any vehicular traffic lane or in a traffic median when a roadway is open for use by vehicles, and persons displaying signs on public sidewalks must give at least five feet width clearance for pedestrians to pass by. Persons holding signs may not obstruct the extended line of the "clear visibility triangle", as defined in chapter 17.126 (Universal Definitions) and depicted in Figure 17.72.070.D. Section 17.72.050 Street banner program. The purpose of this program is to establish guidelines and criteria for the selection of city events for marketing through street banners and procedures for the display of street banners. In furtherance of this program, the city council established program policies and administrative criteria for the operation of the program, selection of designated street banner locations, and applicant procedure and approval process, including terms and conditions. Section 17.72.060 Community directional wayfinding signs. The intent of this program is to provide assistance to motorists and pedestrians in navigating the city and providing access to tourist -oriented destinations, regional attractions, parks, historic and cultural sites, and other public venues within city limits. In furtherance of this program, the city council shall establish program policies and administrative criteria for the operation of the program, selection of destinations to identify through the program, and sign location and design criteria. Section 17.72.070 Posted signs in public streets. In public streets, including public street frontage, private persons may display noncommercial and commercial message signs thereon, provided that such signs conform to all of the following: A. Signs shall be freestanding and not affixed to any existing structure, including but not limited to poles, posts, permitted signs, or utility boxes. B. Signs shall not obstruct any existing, permitted, permanent sign. C. Signs shall not exceed nine (9) square feet in total area. The sign's height shall not exceed 36 inches above the ground. D. Signs shall not create a traffic or pedestrian hazard. In addition, any sign placed in a traffic median, roadway intersection, driveway, or in the extended line of the "clear visibility triangle", as defined in Chapter 17.126 and depicted in Figure 17.72.070.D., shall be considered hazardous and are prohibited. Page 288 FIGURE 17.72.070.D. EXTENDED AREA OF CLEAR VISIBILITY TRIANGLE Road Right—of—Way Line or Edge of Driveway. o signs allowed i hatched area. E. Signs are prohibited on right-of-way immediately adjacent to city property, including but not limited to parks, community centers, city facilities or unimproved parcels. F. No more than one sign containing two display faces is permitted on each side of a public street on each city block. For purposes of this section, a city block shall be the street frontage located between roadway intersections, dead ends, cul- de-sacs, or a turn in the roadway alignment of 45 degrees or more. G. Signs which have become worn, faded, weathered, torn or dilapidated in any way shall be repaired or removed immediately by the owner or responsible party. H. Signs posted in the same location continuously for longer than 24 hours shall be limited to two periods of display per calendar year, provided that they may be posted for a maximum of 60 days at any one time and at least 60 days shall separate the conclusion of the first 60 -day term and the beginning of the second 60 -day term. Each sign shall be marked with the date the sign was posted. Signs posted on a daily basis shall be displayed for no more than 12 hours in each 24 hour period. Such signs shall be displayed for no more than 90 days per calendar year, whether consecutive or intermittent days. Signs advertising or promoting a particular event, including commercial and non- profit events and elections, shall be promptly removed no later than forty-eight (48) hours after the event's conclusion or, in the event it is cancelled, its cancellation. Signs that have not been removed within the required period shall be subject to immediate abatement by the City. Section 17.72.080 Commercial signs posted in the public right-of-way. A. Commercial signs shall conform to all provisions on Section 17.72.070 for size, manner and placement. B. A commercial entity with a permanent location and permitted, permanent sign shall not post any temporary commercial signs in the right-of-way within 200 feet Page 289 of the perimeter of the parcel or structure, including a master -planned, contiguous shopping center, whichever is furthest, where the business is located. C. No more than twelve (12) signs, each containing no more than two display faces, shall be posted at any one time for each business. In the case of multiple business entities occupying the same premises, each separate business entity shall be permitted up to twelve (12) such signs. In the case of a single business entity occupying multiple locations, the business entity shall be permitted up to twelve (12) signs for each business location. D. Commercial signs that either falsely advertise a commercial event that is not occurring or advertise any illegal activity are prohibited. Section 17.72.90 Removal of signs from the public right-of-way and city property. A. Any sign found in violation of this chapter may be summarily removed by the City as a trespass and a public nuisance. If the sign includes contact information for the sign's owner, then the city will make reasonable effort to contact the owner with information on how and where to retrieve collected signs. Signs shall be held by the City for collection by the owner for a period of thirty (30) days. Any signs not collected by the owner after thirty (30) days shall be disposed of by the City. B. The City shall not be responsible nor make restitution for any sign posted in violation of this chapter, whether or not the sign is removed by City staff. C. The person or organization responsible for placing a sign in the right-of-way or city property shall assume all liability for damages to the sign or caused by the installation or display of the sign. SECTION 3. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid, or ineffective. SECTION 4. This Ordinance is exempt from CEQA pursuant to CEQA Guidelines section 15305, minor alterations in land use, and section 15061(b)(3) which is the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment, and CEQA does not apply where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. Page 290 SECTION 5. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. 2018. PASSED, APPROVED, AND ADOPTED this day of Dennis Michael Mayor I, JANICE REYNOLDS, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 16th day of May, 2018, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of , 2018, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: ATTEST: City Clerk Page 291 Posted Signs in Public Right -of -Way June 20, 2018 Jana Cook Community Improvement Manager Jason Welday City Engineer Current Status • Council Study Session on January 17, 2018 • Direction Received • Obtain comment from interested parties and stakeholders. • Proceed to Planning Commission • Approved by Planning Commission on March 28, 2018 ',-[' .0 %;IrSAY oma. JUSTIN JACKSON Army 74* Public Comments • Chamber of Commerce • Business Connections Network breakfast, March 22 • Inland Valley Association of Realtors • Lunch, March 7 • West End Real Estate Professionals • Caravan, February 23 • Citrus Valley Association of Realtors Public Comment Received • It should be more strict • Commercial signs limited to a maximum of 12 signs. • Fictitious Events • Commercial signs providing false information or advertising illegal activities are prohibited. • Outdated Signs • Removal required within 48 hours after an event. Proposed Update Current •General prohibition • Defined permissions for City • Noncommercial message signs permitted when attended • Street banners and wayfinding are permitted • Real estate signs are permitted and limited to four • Potentially incompatible with 711 - IW,k Proposed • General prohibition • General permission for City • Personally attended signs remain noncommercial • Street banners and wayfinding are permitted • All posted signs have the same limits for time, manner, and placement • Only commercial signs are further restricted Limitations for All Posted Signs • Must be freestanding • Shall not obstruct permitted signs • Maximum area of 9 square feet and 36 inches in height un* Db,__ Limitations for All Posted Signs •Prohibited in the extension of the "clear visibility triangle" for traffic safety • Prohibited immediately adjacent to City facilities • To prevent perception of sponsored programs or endorsement Road Right—of—Nay Line or Edge of Driveway. to signs allowed 7 hatched area. Limitations for All Posted Signs •Only one sign with two display faces may be displayed in any city block. • This will prevent the appearance of blight from several duplicate signs in close proximity • Damaged or dilapidated signs must be promptly removed. Limitations for All Posted Signs • Continuous Display • Two 60 -day periods separated by another 60 -day period • Probable use: • Seasonal events • Campaign periods • Real estate development • Daily Display • Limited to 12 -hours in each 24-hour period • Maximum of 90 -days per year • Probable use: • Seasonal events • Directional signs for temporary events • Real estate open houses Limitations for All Posted Signs • Signs related to events • Must be removed within 48 hours following the event or a cancellation. :'01drl■NIit] 1r.11mILMm&we _ t N, =' BARBER SHOP y �,.. BEER' '.WINE - :.SLY y%'1 • ;, i. ^Y:N Y CITY OF RANCHO CUCAMONGA Additional Limitations for Commercial Signs • The total number of signs for a business will be limited to 12 signs, each with two display faces • Sufficient for directional posting • Limits excessive posting • Signs for anon -existent event or illegal activity are prohibited • No First Amendment protection for false or misleading statements Provisions for Removal • Summary removal by the City for any sign in violation • Reasonable effort to contact a responsible party • Signs retained by staff for 30 days to allow retrieval • No City responsibility or restitution • Post at your own risk • Liability for posting to the responsible party Recommended Modification • In Section 17.72.060 Community directional wayfinding signs, staff recommends a modification of the wording to read: The intent of this program is to provide assistance to motorists and pedestrians in navigating the city and providing access to, for example, tourist -oriented destinations, regional attractions, parks, historic and cultural sites, and other public venues within city limits. Recommendation • Conduct the Public Hearing regarding amendment of the Development Code. • Conduct First Reading and introduce Ordinance No. 930 amending Title 17 of the Municipal Code to revise sign regulations for public property, including the recommendation for directional wayfinding signs, by title only. Posted Signs in the Public Right -Of -Way •Questions or comments DATE: June 20, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Candyce Burnett, City Planner SUBJECT: CONSIDERATION OF: (1) ADDENDUM TO THE VICTORIA GARDENS FINAL ENVIRONMENTAL IMPACT REPORT (EIR) AND SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (SEIR) SCH NO. 2001031028; (2) GENERAL PLAN AMENDMENT DRC2017-00969; (3) VICTORIA GARDENS MASTER PLAN AMENDMENT DRC2017-00971; (4) PARCEL MAP 19963; (5) GROUND LEASE AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA, AND RANCHO MALL NE, LLC; AND (6) FIRST READING AND INTRODUCTION OF ORDINANCE NO. 933 TO APPROVE THE FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT DA01-02 BETWEEN THE CITY OF RANCHO CUCAMONGA, RANCHO MALL, LLC AND RANCHO MALL NE, LLC DRC2017-00970. THE ITEMS WILL FACILITATE DEVELOPMENT OF A FUTURE PUBLIC PARKING LOT AND/OR PARKING STRUCTURE AND A POLICE SUBSTATION ON UNDEVELOPED LAND CURRENTLY DESIGNATED FOR RESIDENTIAL LAND USE AT THE NORTHEAST CORNER OF ARBOR DRIVE AND CULTURAL CENTER DRIVE (APN 109053106). RECOMMENDATION: Staff recommends the City Council adopt the addendum to the Environmental Impact Report SCH No. 2001031028 (EIR) and Final Supplemental Environmental Impact Report SCH No. 2001031028 (SEIR) and approve each of the following: a) General Plan Amendment DRC2017-00969; b) Victoria Gardens Master Plan Amendment DRC2017-00971; c) Development Agreement DRC2017-00970; d) Final map for Parcel Map No. 19963; and e) Lease Agreement between the City of Rancho Cucamonga and Rancho Mall NE, LLC BACKGROUND: The Victoria Gardens Master Plan area is a 174 -acre site that is currently developed with the Victoria Gardens Mall consisting of approximately 1,171,740 square feet of Commercial/Office uses, approximately 90,850 square feet of civic uses, and 215 dwelling units with an additional 95 dwelling units that have been approved but not yet constructed. Current uses include an open-air mixed-use complex, compatible blend of major retail tenants, specialty commercial uses, restaurant and entertainment venues, civic uses, office uses, residential dwellings, and community facilities. Page 292 The project site is generally vacant with the exception of graded residential pads, curb, gutter and underground utilities to accommodate the previously planned 95 residential units associated with the original project. The existing land uses, General Plan land use designations, and zoning designations for the project site and the surrounding properties are as follows: Project Background The City, Rancho Mall NE, LLC and Rancho Mall, LLC (owner of the Victoria Gardens shopping center), are joint applicants for the proposed project, which include a General Plan amendment, a Victoria Gardens Master Plan amendment, a Development Agreement Amendment, and a Parcel Map, and related approvals to provide for development of a public parking structure and police substation on a vacant 5.33 - acre parcel owned by the City in the northeasterly portion of the Master Plan area generally located north of the Victoria Gardens Cultural Center on the north-east corner or Arbor Drive and Cultural Center Drive. The proposed public parking facility and police substation would serve the City's adjacent Cultural Center, the Victoria Gardens shopping center, and surrounding areas. The public parking facility would initially consist of a surface parking lot consisting of 506 parking spaces and, eventually, a two-level parking structure (ground floor plus a single deck level above) providing a maximum of up to 869 total parking spaces, of which approximately 30 spaces would be dedicated for use by the police substation. The public parking facility would serve development already anticipated and planned under the Master Plan. The City previously approved a 95 -unit, three-story residential project on the subject parcel. The subject parcel is currently undeveloped with the exception of graded residential pads, curb, gutter and roadways, and underground utilities to accommodate the previously planned 95 three-story residential units associated with the original project. The proposed Master Plan amendment would change the designation of the subject parcel from Residential to Parking/Civic Area. Under the proposed Master Plan amendment, residential uses would no longer be allowed on the subject parcel. The 95 residential units would be added to the Main Street Area in order to preserve the overall existing dwelling unit cap under the Master Plan (600 units). The Parcel Map would subdivide the subject parcel into two parcels to create an approximately 1 -acre parcel for a single -story police substation building of up to 10,000 square feet of building area. The 4.3 - acre parcel would be for the surface parking lot and future two-level parking structure. The airspace of the subject parcel was previously subdivided by way of a 95 -unit condominium map, TR17840, which will be merged byway of the Parcel Map. Previous Approvals The Victoria Gardens Master Plan and associated Environmental Impact Report were approved on February 20, 2002 for the development of 600 residential units and approximately 2.45 million square feet of commercial/office space, civic uses, and associated infrastructure. The idea was to create a "new Page 293 Land Use General Plan Zoning Site Mostly Vacant (previously Mixed Use Mixed Use VGMP approved for 95 lots) North Winery and single-family Mixed Use Victoria Arbors and Victoria residential development Planned Community Main Street and Route 66 VGMP and Regional Related South Areas of the Victoria Gardens Mixed Use Office/Commercial. Mall The Bass Pro Shop and the I- Medium Residential -Etiwanda East 15 Freeway Mixed Use Specific Plan, and Regional Related Commercial West Multi -family residential units Mixed -Use Victoria Arbors and Victoria Planned Community Project Background The City, Rancho Mall NE, LLC and Rancho Mall, LLC (owner of the Victoria Gardens shopping center), are joint applicants for the proposed project, which include a General Plan amendment, a Victoria Gardens Master Plan amendment, a Development Agreement Amendment, and a Parcel Map, and related approvals to provide for development of a public parking structure and police substation on a vacant 5.33 - acre parcel owned by the City in the northeasterly portion of the Master Plan area generally located north of the Victoria Gardens Cultural Center on the north-east corner or Arbor Drive and Cultural Center Drive. The proposed public parking facility and police substation would serve the City's adjacent Cultural Center, the Victoria Gardens shopping center, and surrounding areas. The public parking facility would initially consist of a surface parking lot consisting of 506 parking spaces and, eventually, a two-level parking structure (ground floor plus a single deck level above) providing a maximum of up to 869 total parking spaces, of which approximately 30 spaces would be dedicated for use by the police substation. The public parking facility would serve development already anticipated and planned under the Master Plan. The City previously approved a 95 -unit, three-story residential project on the subject parcel. The subject parcel is currently undeveloped with the exception of graded residential pads, curb, gutter and roadways, and underground utilities to accommodate the previously planned 95 three-story residential units associated with the original project. The proposed Master Plan amendment would change the designation of the subject parcel from Residential to Parking/Civic Area. Under the proposed Master Plan amendment, residential uses would no longer be allowed on the subject parcel. The 95 residential units would be added to the Main Street Area in order to preserve the overall existing dwelling unit cap under the Master Plan (600 units). The Parcel Map would subdivide the subject parcel into two parcels to create an approximately 1 -acre parcel for a single -story police substation building of up to 10,000 square feet of building area. The 4.3 - acre parcel would be for the surface parking lot and future two-level parking structure. The airspace of the subject parcel was previously subdivided by way of a 95 -unit condominium map, TR17840, which will be merged byway of the Parcel Map. Previous Approvals The Victoria Gardens Master Plan and associated Environmental Impact Report were approved on February 20, 2002 for the development of 600 residential units and approximately 2.45 million square feet of commercial/office space, civic uses, and associated infrastructure. The idea was to create a "new Page 293 downtown" consisting of an open-air mixed-use complex, including a compatible blend of major retail tenants, specialty commercial uses, restaurant and entertainment venues, office uses, residential dwellings, and community facilities, mimicking the traditional "Main Street." The project was designed with interesting streetscapes, individually designed storefronts, wider sidewalks, street furniture, and landscaping including pocket parks. Second -story office space is built above portions of some retail uses to accommodate professional uses (medical/dental offices, accountants, lawyers, etc.). There are a variety of sit-down restaurants, cafes, and coffeehouses as well as civic and cultural uses that include a branch library, community playhouse, performing arts theater, and community center. Additionally, the area located between Foothill Boulevard and Victoria Gardens Lane has been developed with fast food uses, automobile service station(s), restaurants, and retail uses, and is oriented toward vehicle traffic. On May 6, 2009 the City certified a Final Supplemental Environmental Impact Report (SEIR), which analyzed the potential environmental impacts of proposed amendments to the Victoria Gardens Master Plan and related amendments to the General Plan, Victoria Community Plan, and Victoria Arbors Master Plan and the third amendment to the Development Agreement to allow the development of residential uses in the Main Street Area, increase the average height in the Main Street Area to 120 feet, with a maximum of 160 feet, amend the building setback requirements for the Main Street Area, and clarify permitted and conditionally permitted uses within Victoria Gardens. Planning Commission Summary On May 9, 2018 the Planning Commission conducted a public hearing to review the project. At the meeting staff presented a joint power point presentation with Rancho Mall, LLC, and Rancho Mall NE, LLC. to describe the proposed amendments and environmental impacts of the project. The team also gave a presentation to illustrate how the proposed amendments will accommodate the future build out of the parking lot/parking structure and public safety facility at the Victoria Gardens Mall. No additional public comments were received during the public hearing. The Planning Commission found the proposal appropriate, made the required findings, and adopted the resolutions forwarding a recommendation to the City Council for approval of the associated amendments to the General Plan and Master Plan and approved the Tentative Parcel Map. Minutes of the May 9, 2018 Planning Commission meeting are attached (Attachment 5). ANALYSIS: The primary objective of the proposed project is to provide additional public parking within the Master Plan area convenient to the adjacent Cultural Center and shopping center destinations, and to allow for future replacement of the existing police substation at Victoria Gardens with a larger public safety building of up to 10,000 square feet. The project includes a series of amendments and actions to facilitate the future parking lot/parking structure and public safety facility discussed in greater detail below. Additionally, Rancho Mall, LLC developed a conceptual parking lot/parking structure and substation layout, architectural design concepts, and conceptual screening material/design features that were added to the Victoria Gardens Master Plan and evaluated as part of the environmental analysis. General Plan Amendment The proposed General Plan Amendment is to address the location of residential development within the planning area of the Victoria Gardens Master Plan and to add the Civic/Parking Area as a Land Use by amending Table LU -2 Victoria Gardens/Arbors Land Use Mix. Specifically, this amendment adds the Civic/Parking Area Land Use category as a new land use to the Table and the associated parcel size for the public parking lot/structure and police substation of an approximate 5.33 -acre project site to the proposed acres. This will reduce the number of acres in the Residential Land Use by 5.33 acres. A proposed amendment to the Victoria Gardens Master Plan will rezone the 5.33 -acre parcel to Civic/Parking Area in the master plan from Residential Area. Additionally, the application proposes to Page 294 reduce the maximum number of dwelling units within the Residential area by 95 units and would increase the maximum number of dwelling units within the Main Street area by 95 units. If the application is approved, the new total number of dwelling units allowed within the Residential area would be 987 units and within the Residential/Mixed Use Main Street area would be 385 units. Victoria Gardens Master Plan Amendment The requested amendments to the Master Plan neither increase nor decrease the amount of residential and commercial development that would be allowed in the project area. Rather, the proposed amendments are intended to allow the owners greater flexibility to construct the remaining number of dwelling units and undeveloped commercial office/retail space and to allow for the most efficient use of available land area within the VGMP project area. Text amendments are proposed to rezone the existing 5.33 -acre parcel located generally north of the Victoria Gardens Cultural Center on the northeast corner of Arbor Drive and Cultural Center Drive from Residential to Civic/Parking Area and modifying various language in the VGMP to allow the future development of a public parking lot/structure and police substation on the parcel; and to reallocate 95 Dwelling Units from this parcel to the Main Street Area from the Residential Area. Summary of Proposed Amendments to the VGMP- The following is a summary of the proposed changes that are being recommended for the Master Plan. Additional typographic and grammatical errors, including spelling and formatting errors, are not included in the summary of proposed changes but were made to the document. A number of Figures were amended to address the zone change from Residential Area to Civic/Parking Area and to provide a conceptual parking lot/structure layout. A list of the Figures and a full summary of the amendments are attached to the staff report (Attachment 3). Master Plan 2 — 2. The Master Plan Page 295 Acreage Range Estimated "Most Case" Land Use Density (du/acre) Acres/Dwelling Units (du) Dwelling Unit Range Current Proposed Current Proposed Commercial — retail, service commercial, 99-209 acres 99-220 acres 222 acres 220 acres office, tourist commercial 77-153 acres 77-148 acres @ @ 98 acres @ 93 acres @ Residential 14 du/acre 14 du/acre 14 du/acre 14 du/acre2 788 to 1,852 788 to 1,757 1,082 du 987 du du du Civic/Parking Area N/A 5.33 Acres N/A 5.33 Acres (new land use 0 du/acre category) Residential/Mixed 3-21 acres @ 3-21 acres @ 3 acres 5 acres Use Main Street 14-100du/acre 14-100 100 du/acre 100 du/acre Area 290 du du/acre 290 du 385 du 385 du Victoria Gardens Master Plan Amendment The requested amendments to the Master Plan neither increase nor decrease the amount of residential and commercial development that would be allowed in the project area. Rather, the proposed amendments are intended to allow the owners greater flexibility to construct the remaining number of dwelling units and undeveloped commercial office/retail space and to allow for the most efficient use of available land area within the VGMP project area. Text amendments are proposed to rezone the existing 5.33 -acre parcel located generally north of the Victoria Gardens Cultural Center on the northeast corner of Arbor Drive and Cultural Center Drive from Residential to Civic/Parking Area and modifying various language in the VGMP to allow the future development of a public parking lot/structure and police substation on the parcel; and to reallocate 95 Dwelling Units from this parcel to the Main Street Area from the Residential Area. Summary of Proposed Amendments to the VGMP- The following is a summary of the proposed changes that are being recommended for the Master Plan. Additional typographic and grammatical errors, including spelling and formatting errors, are not included in the summary of proposed changes but were made to the document. A number of Figures were amended to address the zone change from Residential Area to Civic/Parking Area and to provide a conceptual parking lot/structure layout. A list of the Figures and a full summary of the amendments are attached to the staff report (Attachment 3). Master Plan 2 — 2. The Master Plan Page 295 2.2d Civic/Parking Area- This is new language that was added to the master plan to describe the new Civic/Parking Area zoning location and proposed use. Design Guidelines 3- 3. Design Guidelines 3.1 c Residential and Institutional Corners- New language was added to this existing section to address the addition of the police substation. 3.2d Community Building(s)- New language was added to this existing section to address the addition of the police substation. Development Standards 4- 4. Development Standards 4.1e Civic/Parking Area- Amendments were made to this existing section to address the 95 residential units that are reallocated from the Residential Area to the Main Street Area and to address the Civic/Parking Area with the police substation. 4.3 Land Uses- A new column was added to the Table of Uses to add the Civic/Parking Area and a new use created under number 45. Transportation facilities c. Parking lots/structures. 4.5e Civic/Parking Area- This is new language that was added to the master plan to describe the new Civic/Parking Area building heights and setbacks. 4.6d Parking/Civic Area -Vehicular Access- This is new language that was added to the master plan to describe the new Civic/Parking Area vehicular access to the site. 4.7c Parking- This is new language that was added to the master plan to describe the new Civic/Parking Area parking standards. 4.9b Residential Development Requirements- Amendments were made to this existing section to add clarity and address residential units in the Main Street Area. Development Agreement Amendment Development Agreement DA01-02 was originally entered into by the City and the original property owner at the time the City approved the original Victoria Gardens Master Plan. The purpose of the Development Agreement was to grant the applicant vested rights to develop the Victoria Gardens Master Plan area in accordance with the rules and regulations then in place for property. The Development Agreement has since been amended three times by mutual agreement of the parties. Rancho Mall, LLC and Rancho Mall NE, LLC are transferees of portions of Victoria Gardens -C, LLC's interest in Victoria Gardens. The most recent amendment (third Development Agreement Amendment) was part of the entitlements in 2009 to incorporate the amendments to the General Plan, Victoria Community Plan, Victoria Arbors Master Plan, and Victoria Gardens Master Plan to allow the development of residential uses in the Main Street Area, increase the average height in the Main Street Area to 120 feet, with a maximum of 160 feet, amend the building setback requirements for the Main Street Area, and clarify permitted and conditionally permitted uses within Victoria Gardens. The proposed fourth amendment to the Development Agreement would incorporate the proposed amendments to the General Plan and Victoria Gardens Master Plan so that these amendments will become part of the "Project Approvals" and "Applicable Regulations" as those terms are defined in the Amended Development Agreement and thereby convey to the Owner a vested right to develop Victoria Gardens in accordance with these amendments. It will also set forth the timing by which the public safety facility must be developed. Page 296 Per Section 17.22.060 of the Development Code, "Development Agreements have been determined by the City Council to be beneficial to the public in that: 1. Development Agreements increase the certainty in the approval of development projects, thereby preventing the waste of resources, reducing the cost of development to the consumer, and encouraging investment in and commitment to comprehensive planning, all leading to the maximum efficient utilization of resources at the least economic cost to the public. 2. Development Agreements provide assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, thereby strengthening the public planning process, encouraging private participation in comprehensive planning, and reducing the economic costs of development. 3. Development Agreements enable the City to plan for and finance public facilities, including, but not limited to, streets, sewerage, transportation, drinking water, school, and utility facilities, thereby removing a serious impediment to the development of new housing." The proposed Development Agreement (Exhibit A of the Resolution) for the Project will ensure that the above three goals are fulfilled. The Agreement includes the following major terms: • Vested rights to develop in accordance with existing planning regulations, including the Victoria Gardens Master Plan, during the agreement's term; • A requirement to set forth the timing and process for the construction of the proposed public safety facility shell on land currently owned by the City within the Victoria Gardens Master Plan area. In lieu of construction the public safety facility the applicant may provide funds to the City equal to 125% of the construction cost. The public safety facility shell is expected to be used as a police substation and for other public safety and civic activities; and • A requirement that if the public parking facility is not built the City can amend the General Plan and Master Plan to relocate the 95 residential dwelling units at the expense of Rancho Mall, LLC, and Rancho Mall NE, LLC. Many of the remaining terms are typically included in development agreements entered into by the City. Additionally, a requirement to enter into a lease agreement to construct and operate a public parking lot (surface parking lot and/or parking structure) on a parcel owned by the City has been negotiated and is discussed further in section E. of this report (Attachment 6) for review by the City Council. Parcel Map On May 9, 2018, the Planning Commission approved Tentative Parcel Map 19963 (Case SUBTPM19963) to subdivide the 5.33 -acre project site into two (2) parcels of land. One parcel will consist of approximately 1 acre for a future public safety facility and the other parcel of approximately 4.33 acres for a future parking lot and/or parking structure. The parcel was previously approved for a 95 -unit condominium development and is mostly vacant with minimal infrastructure improvements. The subject property is being subdivided for the development of 2 parcels for public use in association with the Cultural Center, Public Safety facility and parking lot for the Mall. (Attachment 4) This approval included conditions to construct certain public improvements, dedications and access easements. The Parcel Map has been reviewed and is in substantial conformance with the approved Tentative Parcel Map. No bonds are required as physical improvements will be reviewed at such time that an application for construction of the parking lot or public safety facility is submitted for construction. Page 297 Lease Agreement A ground lease agreement between the City and Rancho Mall NE, LLC has been negotiated for the newly created 4.33 acre City -owned parcel to construct and operate a future public parking lot and/or parking structure. The agreement establishes a base lease rate and terms of the lease agreement for the subject parcel. It will also set forth the timing by which the future public parking improvements, surface and/or parking deck, will be developed (permits issued by January 2, 2025, unless Rancho Mall completes the public safety facility beforehand, in which case the parking improvements may be constructed by January 2, 2027). If Rancho Mall NE, LLC determines not to construct the parking improvements by these dates, then the lease may be terminated. The initial term of the lease agreement is for 55 years and may be extended per the terms of the agreement. The agreement provides the sets forth Rancho Mall NE, LLC's obligations regarding responsibility for construction of the proposed parking facilities, alterations and improvements, payment of property taxes and maintenance. The lease agreement also establishes that the permitted uses on the subject parcel are for public parking with limited interruptions for maintenance, repairs, and City events. Neighborhood Meeting The City and Rancho Mall, LLC, and Rancho Mall NE, LLC. held a neighborhood meeting in the Celebration Hall at the Victoria Gardens Cultural Center on April 16, 2018, with approximately 20 persons in attendance (10 residents and 10 staff and consultants). City staff, Rancho Mall, and the architect provided an overview of the project and fielded questions. The questions were mostly directed towards the technical details of the future project for the parking lot/structure and not specific to the proposed project amendments but included general questions regarding traffic, location of driveway exits, design of parking lot and structure, shifting of 95 residential units, and timing of parking lot/structure. Staff and the team answered all questions from the public regarding these issues. Additionally, staff added clarification regarding the proposed project vs the future parking lot entitlements, the 2009 approvals to shift residential units and the location of those units, and impacts analyzed in the addendum based on questions we received during the meeting. AB52 Tribal Consultation California Assembly Bill 52 (AB52) requires that the City send project notification to interested California tribal communities for certain projects under CEQA. In accordance with AB52, on January 23, 2018 notifications were sent to Native American communities who requested to be notified (per AB52) to determine interest in engaging in consultation related to the potential impact to cultural resources as a result of the project. On January 24, 2018 the city was contacted by the San Manuel Band of Mission Indians (SMBMI) who expressed that "although the project is located within the Serrano ancestral territory," the Tribe had no conflicts with the project and therefore did not request formal consultation. On January 25, 2018 the City received an email and letter from the Gabrieleno Band of Mission Indians-Kizhnation requesting formal consultation as they felt the project may have adverse impacts to cultural resources. The City of Rancho Cucamonga staff held a formal consultation with the Tribe over the phone on March 14, 2018. During the consultation it was determined that because of the previous grading activities done on site by the previous developer Shea Homes, any cultural resources that would have been present prior to grading would have been removed or destroyed. It was agreed that if the development of the site for the surface parking lot/parking structure required additional grading beyond removal of the existing infrastructure deeper than was previously excavated, the City would reopen consultation with the Tribe. The consultation period closed April 28, 2018. No additional correspondence was received or requested for consultation with any other Tribe. Environmental Assessment Under CEQA Guidelines Section 15162, when an EI R has been previously certified for a project, a lead agency must prepare a subsequent E I R if (1) substantial changes are proposed to the project that will Page 298 require major revision of the previous EI R due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted. On February 20, 2002 and in accordance with the California Environmental Quality Act ("CEQA"), the City certified Environmental Impact Report SCH No. 2001031028 (EIR), which analyzed the potential environmental impacts of the Victoria Gardens Master Plan and related approvals. As the Lead Agency, the City considered the information in the EIR before approving the Victoria Gardens Master Plan. At that time, the City Council also adopted a Statement of Facts and Findings and Overriding Considerations for the Victoria Gardens Master Plan. The Statement of Overriding Considerations found that the economic, social, or other benefits of the Victoria Gardens Master Plan outweighed the significant and unavoidable impacts identified in the EI R. On May 6, 2009 and in accordance with the California Environmental Quality Act (CEQA), the City certified Final Supplemental Environmental Impact Report SCH No. 2001031028 (SEIR), which analyzed the potential environmental impacts of proposed amendments to the Victoria Gardens Master Plan and related amendments to the General Plan, Victoria Community Plan, and Victoria Arbors Master Plan and the third amendment to the Development Agreement to allow the development of residential uses in the Main Street Area, increase the average height in the Main Street Area to 120 feet, with a maximum of 160 feet, amend the building setback requirements for the Main Street Area, and clarify permitted and conditionally permitted uses within Victoria Gardens. At that time, the City Council also adopted a Statement of Facts and Findings and Overriding Considerations for the project as the economic, social, or other benefits outweighed the significant and unavoidable impacts identified in the SEI R. Under CEQA Guidelines Section 15164, the City may prepare an addendum to an EIR in lieu of a subsequent or supplemental EIR if the changes to the project or the circumstances under which the project would be undertaken but which don't meet the conditions described in Section 15162 that require preparation of a subsequent or supplemental EIR to make the EIR adequately apply to the proposed project. Based on the evaluation of potential environmental impacts of the project an addendum was prepared. The addendum analyzed the project against the original project, as approved in 2002 and 2009 and reviewed under the EIR and SEIR, and determined that because the project only shifted uses anticipated within the Mall and that were previously identified and approved as part of the Victoria Gardens Master Plan, the impacts generated by the project created no new impacts and were no more significant than the original project. Additionally, key topics such as Noise, Traffic and Circulation and Cultural Impacts had been completed to further analyze impacts related to recirculating traffic within Victoria Gardens due to the development of parking on the subject property. Additionally no substantial changes to the original project or the circumstances surrounding the original project have occurred which would create new or more severe impacts than those evaluated in the previously certified EIR and SEIR, no new information has come to light that was known or could have known at the time the EIR and SIER were adopted, and the addendum to the EIR and SEIR complies with the requirements of CEQA and that no additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. FISCAL IMPACT: The Victoria Gardens Mall continues to be a successful mixed-use shopping center and entertainment district. The applications will allow the continued development within the mall with the additional public Page 299 safety facility and future parking lot and/or parking structure. These facilities are expected to support not only the Mall but the Victoria Gardens Cultural Center. Additionally, by allowing flexibility for the residential units to be built within the Main Street Area it will continue to promote the unique mixed-use lifestyle opportunities that the General Plan supports. This will further the success of the mall thereby adding other economic benefits. The availability of new housing opportunity allows businesses to grow by providing additional housing for new and existing workers. Providing these housing opportunities in close proximity to the City's business will facilitate an environment where individuals who work in the community will also reside in it, and support existing businesses. Due to the transit- and pedestrian -oriented approach of the project, environmental costs are lowered and a healthier environment is created. The proposed Development Agreement will facilitate the development of the project and assist in achieving the fiscal benefits for the public safety facility with the associated amendments to the General Plan and Master Plan. Also, there will be annual revenue generated from, for example, property tax, sales tax, fees, and assessments, and the costs for government services including, for example, police, animal care, community development, public works, and other general government functions. Rancho Mall will be responsible for paying one-time impact fees in amounts determined by the Development Agreement. These fees are intended to address the increased demand for City services due to the proposed project. The following types of services that these impact fees would support include the following: library services, transportation infrastructure, drainage infrastructure, animal services, police, parks, and community and recreation services. COUNCIL GOAL(S) ADDRESSED: The project is consistent with the City Council Goals of Enhancing Premier Community Status and Public Safety. The project identifies a parcel that is underutilized in the master plan area that was previously approved for residential use to construct a public parking facility that will serve the City's Cultural Center and Victoria Gardens shopping center and future construction of the police substation that will better serve mall and the residents in the stations service area. In addition, this project is consistent with the goals and policies of the General Plan and the objectives of the Victoria Gardens Master Plan. The Land Use element within the General Plan (Chapter 2) encourages infill development that facilitates sustainable and attractive development that complements surrounding neighborhood. The proposed project facilitates the continued development within the Master Plan area and encourages more sustainable development that offers opportunities for people to live close to work, play and near transit stops. The project anticipates the future development of residential units within the mall and proposes to shift the location within the Main Street Land Use Area. Specifically, the project proposes to allow the future development of a public parking lot/structure and police substation within a new land use category of the Master Plan area (Civic/Parking Area). ATTACHMENTS: Description Attachment 1 - Location Map Attachment 2 -Aerial Photo Attachment 3 - Victoria Gardens Master Plan Summary of Amendments Attachment 4 - Parcel Map 19963 Attachment 5 - Planning Commission Minutes, May 9, 2018 Attachment 6 - Lease Agreement Attachment 7 - Victoria Gardens Master Plan with Proposed Revisions Attachment 8 - Resolution of Approval of General Plan Amendment DRC2017-00969 Attachment 9 - Resolution of Approval for Victoria Gardens Master Plan Amendment DRC2017-00971 Page 300 Attachment 10 - Ordinance for Development Agreement DRC2017-00970 Attachment 11 - Resolution of Approval for Parcel Map SUBTPM 19963 Page 301 AmL 7 M `amu' I• AmL 7 M Projec Vicinity Angeles rSan Bernardino ie .4 County Project Riverside LSA FIGURE I -:11 2000 NE RI Public ParkingFccility Regional• Project Location SOURCE:FEfT r2013. r(317/2018) Attachment Page II k y Yl ( —•�� 4 pl ' i ctumney F? m ,�,�r ;. a E T � J� •t f c d ChurcttSt IflurchJ r � n�'ra -kSt i +' x e, F ?� I f t,iirq f1I r \ anal Dr -- f1I �glkF(Y1�1r �1 Ck:k;k.r3f Pro Sh WinIViet��. Gardens v y - . I Forever. 2-i1;iilys>-Ov Lucille s 5rn0ke1755se Bal-B-Q"ue ;KAukl Japanese California Pizza Kitchen , pr L # ylpR ■' M .. . _ . 1 F gardens' fir- # at,Victarla Gans �+ F c� cotton On~ W Victoria Gardens Master Plan Summary of Amendments Figure 2-3 Figure 2-4 Figure 2-10 Figure 2-14 Figure 2-38 Figure 2-45 Figure 2-46 Figure 2-47 Figure 2-63 Figure 2-64 Figure 2-65 Figure 2-66 Figure 2-67 Figure 2-68 Figure 2-70 Figure 2-71 Figure 4.1 Figure 4-2 Figure 4.3 Figure 5.4 Master Plan 2 — 2. The Master Plan 2.2d Civic/Parking Area- This is new language that was added to the master plan to describe the new Civic/Parking Area location and proposed use. This area, which is on the north side and east of the Residential Area, contains public parking and a public safety facility. Design Guidelines 3- 3. Design Guidelines 3.1c Residential and Institutional Corners- New language was added to this existing section to address the addition of the police substation. Residential and possible institutional buildings, such as the police substation, at the corners on Arbor Lane should be built at the Permissible Building Area lines in order to help make the transition from the more residential areas to the civic and commercial areas of Victoria Gardens. 3.2d CommunityBuilding(s)- New language was added to this existing section to address the addition of the police substation. The planned community building and other community buildings such as the police substation have a relationship to both the commercial and residential uses on the site. Development Standards 4- 4. Development Standards 4.1e Civic/Parking Area- Amendments were made to this existing section to address the 95 residential units that are reallocated from the Residential Area to the Main Street Area and to address the Civic/Parking Area with the police substation. 4.1e Civic/Parking Area, bounded by Church Street, Merlot Street, Arbor Lane, and Beaujolais Street. Main Street Area: 2,128,800 sf Commercial/Office/Hotel 90,850 sf Civic 385 dwelling units Residential Area: 215 dwelling units Route 66 Area: 95,700 sf Commercial/Office Attachment 3 Page 304 Eastern Area: 185,500 sf Commercial/Office Civic/Parking Area 10,000 sf Civic Surface parking lot of 506 parking space or Surface parking and two- level parking structure with 869 parking spaces 4.3 Land Uses- A new column was added to the Table of Uses to add the Civic/Parking Area and a new use created under number 45. Transportation facilities c. Parking lots/structures. 4.5e Civic/Parking Area- This is new language that was added to the master plan to describe the new Civic/Parking Area building heights and setbacks. Building and parking structure heights within the Civic and Parking area shall be limited to 30 feet in height in order to provide for a two level parking deck. Minor encroachments of up to 15 feet above the 30 foot height limit may be permitted for architectural features such as towers and spires. For accessory structures such as mechanical rooms, elevator shafts, etc. the encroachment may be permitted but shall not exceed the height necessary for the structure to function as required by the Building Code. The maximum height of any light pole (measured from the bottom of the concrete base to the top of lamphead) when installed on the top deck of the parking structure shall be 15 feet. The maximum height of any screen wall on any part of the parking structure shall be 6 feet. Setbacks shall be 10 feet from curb face for all interior private streets and shall be 35 feet from curb face from Church Street. Minor encroachments into the setbacks of up to 10% may be permitted with a minor exception. 4.6d Parking/Civic Area -Vehicular Access- This is new language that was added to the master plan to describe the new Civic/Parking Area vehicular access to the site. Vehicular access to the Civic/Parking Area is provided via one (1) full movement signalized intersection at Church Street and Arbor Lane and one (1) full movement side - street STOP controlled intersection at Church Street and Pavillion Gardens Place (Private). The area has a total of three (3) driveway entrances located on Arbor Lane, Cultural Center Drive (private), and Pavillion Gardens Place (private). All three (3) driveways are anticipated to provide access to Parking uses and the driveway on Arbor Lane will provide access for the Civic uses. 4.7c Parking- This is new language that was added to the master plan to describe the new Civic/Parking Area parking standards. The maximum amount of parking permitted in the Civic/Parking area, depending on the type of parking facility in use, shall be as follows: Surface Parking Lot: 506 spaces Two -Level Parking Structure: 869 spaces Page 305 4.9b Residential Development Requirements- Amendments were made to this existing section to add clarity and address residential units in the Main Street Area. The intent of these residential standards is to provide an overlay mix of residential within the existing and future commercial uses at Victoria Gardens. To accomplish this while providing flexibility of design, two development options are offered: Mixed -Use Residential Development. The proposed development shall provide for both residential uses and commercial use (either retail, office or hotel) in a single building. • Full Residential Development. The proposed development site shall provide for residential use. Page 306 sam Ov t ` .,rrEER# ,AVO a Rg1DSe y°�aSr Ss,•y 5,"_g��lf2„atlS N RG®g K yjA J �l i s �sxLl iT15 R Him a VI cwtLi ”. mss b its r Is a te€ 9 m n all lits a g� Nal llR<3�t Ii co8�i M S / 2 CO (i) '� R I1f Na iy � 0 V, at, a � � �R �g q� CL RIK ��� K Ig !9 M 8 1 lit .j Jx 9 11 W n = 56 o R CD z o ■/��� K W 1119Ml Q y�1 � = al S E PD JE - a$IT 75r IC q � � �ESE �h 8 e g8 a M 4PIN i e 307 A ' - o s k R11V!� Ila, =©www' RNwwwmk (ows KW WSOSW it V i �®r GoL'KI 3J6tfl r L'E01 3 S,iOA / mroa H '4�4• �B � �$ ¢n d Y� � f l � J / ^b II i it V i �®r GoL'KI 3J6tfl r L'E01 3 S,iOA / mroa H '4�4• �B � �$ ¢n d Y� � f l � J II i op 81 i i it I z c fl I i it i i Q i I 1 r7�1 1� 1 j I f � f t i .es zs d it V i �®r GoL'KI 3J6tfl r L'E01 3 S,iOA / mroa H '4�4• �B � �$ ¢n d Y� � f l � J II i i i it I z c fl I i it i i Q i I = U fI � t i P S P +� 1 t W r jf� 1 K I � I - gi Xm 3 xtw N I N I f W v PI ILK �IIL ft= 3 X)W N � � r foie X"-���.��- f -O gill, l II tit s� t' I p @Ajib 9 lige pili hh b it Pl V91 PLIN't 01; V1 g H d 1. la H®R b N Iffil 30, M It h He 11 ® .. 4 © ®® 0 0 0 0 e 308 MAY 912018 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 Pledge of Allegiance 7:00 PM Roll Call: Chairman Oaxaca x Vice Chairman Macias _x Commissioner Guglielmo _x Commissioner Munoz _x Commissioner Wimberly _x Additional Staff Present: Candyce Burnett, City Planner; Nick Ghirelli, Assistant City Attorney; Albert Espinoza, Asst. City Engineer; Lois Schrader, Planning Commission Secretary 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. C. CONSENT CALENDAR/HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION Page 1 of 7 Page 309 MAY 912018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA 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 April 11, 2018 Moved by Munoz, seconded by Wimberly, carried 5-0 to adopt the Consent Calendar as presented. D. 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. Chairman Oaxaca noted that Items D1 -D4 would be heard together as they are related. D1. ADDENDUM TO THE VICTORIA GARDENS FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (SEIR) SCH No. 2001031028 AND GENERAL PLAN AMENDMENT DRC2017-00969 - CITY OF RANCHO CUCAMONGA, RANCHO MALL, LLC, AND RANCHO MALL NE, LLC.— A request to modify Table LU -2 of the General Plan (Victoria Gardens/Victoria Arbors Land Use Mix) to reduce the maximum number of residential units in the Residential Land Use Area by 95 units and to increase the maximum number of residential units in the Residential/Mixed Use Main Street Land Use Area by 95 units. The General Plan amendment affects property within the Victoria Gardens Mall located in the eastern portion of the City of Rancho Cucamonga bordered by Foothill Boulevard to the south, Church Street to the north, Day Creek Boulevard to the west and Interstate 1-15 to the east. Related Files: Victoria Gardens Master Plan Amendment DRC2017-00971, Development Agreement Amendment DRC2017-00970, and Tentative Parcel Map TPM19963. This item will be forwarded to the City Council for final action. D2. ADDENDUM TO THE VICTORIA GARDENS FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (SEIR) SCH No. 2001031028 AND VICTORIA GARDENS MASTER PLAN AMENDMENT DRC2017-00971 - CITY OF RANCHO CUCAMONGA, RANCHO Page 2of7 PIN Page 310 r9*9 !6-etrn MAY 912018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA MALL, LLC, AND RANCHO MALL NE, LLC.- A proposed amendment to the Victoria Gardens Master Plan (VGMP) to rezone a vacant 5.33 -acre parcel (APN: 109053106) located generally north of the Victoria Gardens Cultural Center on the northeast corner of Arbor Drive and Cultural Center Drive, from Residential to Civic/Parking Area and modifying various language in the VGMP to allow the future development of a public parking lot/structure and police substation on the parcel; and to reallocate 95 Dwelling Units from this parcel to the Main Street Area, within the Victoria Gardens Mall located in the eastern portion of the City of Rancho Cucamonga bordered by Foothill Boulevard to the south, Church Street to the north, Day Creek Boulevard to the west and Interstate 1-15 to the east. Related Files: General Plan Amendment DRC2017- 00969, Development Agreement Amendment DRC2017-00970, and Tentative Parcel Map TPM19963. This item will be forwarded to the City Council for final action. D3. ADDENDUM TO THE VICTORIA GARDENS FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (SEIR) SCH No. 2001031028 AND DEVELOPMENT AGREEMENT AMENDMENT DRC2017-00970 — CITY OF RANCHO CUCAMONGA, RANCHO MALL, LLC, AND RANCHO MALL NE, LLC. - A proposed fourth amendment to Development Agreement DA01-02 to incorporate General Plan Amendment DRC2017-00969 and Victoria Gardens Master Plan Amendment DRC2017--00971 into the vested rights applicable to the Victoria Gardens Mall, to facilitate the timing and development of a public safety facility on a vacant 5.33 -acre parcel (APN: 109053106) located generally north of the Victoria Gardens Cultural Center on the northeast corner of Arbor Drive and Cultural Center Drive. The Development Agreement Amendment affects property located within the Victoria Gardens Mall area located in the eastern portion of the City of Rancho Cucamonga bordered by Foothill Boulevard to the south, Church Street to the north, Day Creek Boulevard to the west and Interstate 1-15 to the east. Related Files: General Plan Amendment DRC2017-00969, Victoria Gardens Master Plan Amendment DRC2017-00971 and Tentative Parcel Map TPM19963. This item will be forwarded to the City Council for final action. D4. ADDENDUM TO THE VICTORIA GARDENS FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (SEIR) SCH No. 2001031028 AND TENTATIVE PARCEL MAP TPM19963 - CITY OF RANCHO CUCAMONGA AND RANCHO MALL NE, LLC.- A request to subdivide a 5.33 -acre lot into 2 parcels, with one parcel consisting of approximately 1 acre for a future public safety facility and the other parcel of approximately 4.33 -acres for a future parking lot and/or parking structure (APN: 109053106), located generally north of the Victoria Gardens Cultural Center on the northeast corner of Arbor Drive Page 3of7 Page 311 r9*9 !6-etrn MAY 912018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA and Cultural Center Drive in the Victoria Gardens Mall located in the eastern portion of the City of Rancho Cucamonga bordered by Foothill Boulevard to the south, Church Street to the north, Day Creek Boulevard to the west and Interstate 1-15 to the east. Related Files: General Plan Amendment DRC2017-00969, Development Agreement Amendment DRC2017-00970, and Victoria Gardens Master Plan Amendment DRC2017- 00971. This item will be forwarded to the City Council for final action. Candyce Burnett, City Planner gave the staff report and PowerPoint presentation (copy on file). Christine Pham, Vice President and General Manager of Victoria Gardens and Q/C/GRE (Jose Sanchez -Architect) continued with the PowerPoint highlighting the conceptual designs of the proposed future parking lot. The designs were presented because they had to be considered in the environmental documents and to give the Commission a preview of them. Mr. Ghrelli, Assistant City Attorney noted and summarized the errata sheets provided to the Commissioners (copy on file). Commissioner Munoz noted it was an excellent, comprehensive report. Commissioners Macias and Wimberly agreed. Chairman Oaxaca opened the public hearing and seeing and hearing no comment, closed the public hearing. Commissioner Munoz said it is a straightforward request. He thanked everyone and said it looks good as proposed and should address some parking issues at the mall. He offered his support. Chairman Oaxaca said this is part of the natural evolution of Victoria Gardens and said we need to be flexible and adjust and it makes sense to provide for additional parking. Moved by Munoz, seconded by Wimberly, carried 5-0 to adopt the resolutions as amended in the errata package provided recommending approval of General Plan Amendment DRC2017- 00969, Victoria Gardens Master Plan Amendment DRC2017-00971 with the related Addendum to the E/R and SE/R, and the Fourth Amendment to Development Agreement 01-02 to be forwarded to the City Council for final action and approval of SUBTPM19963. Page 4 of 7 Page 312 rop*11�00_0 MAY 912018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA E. COMMISSION BUSINESS/HISTORIC PRESERVATION AND PLANNING COMMISSION INTER -AGENCY UPDATES: Commissioner Munoz reported on various legislative items and along with our City leaders, met with our Assembly members Marc Steinorth and Chris Holden and Senator Morrel to discuss issues important to our City. Items discussed at their Board Meeting focused on the preservation of local transportation funding, efforts to repeal SB 1 and support Prop 69. Also discussed is the sustainability of pension benefits. Governor Brown also paid a visit to the Board and spoke about a `financial bomb' with respect to pension reform. Also addressed were public safety concerns about long sentences, costs of incarceration and lack of support to build and sustain prisons. He said the Board should protect SBI funding because he believes we will not get this king of money again in a post -Brown future. COMMISSION ANNOUNCEMENTS: None G. ADJOURNMENT 8: zutim 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 May 3, 2018, seventy two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. 4.5 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 meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. Page 5of7 Page 313 MAY 97 2018 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 $2,725 for all decisions of the Commission. (Fees are established and governed by the City Council). Page 6of7 i Page 314 r9*9 !6-etrn MAY 912018 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA 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.CitvofRC.us. Page 7of7 Page 315 GROUND LEASE by and between CITY OF RANCHO CUCAMONGA ("Landlord") and RANCHO MALL NE, LLC ("Tenant") 2018 11231-00011217821 Svldoc Page 316 TABLE OF CONTENTS P_ awe 1. Lease of Premises......................................................................................................... 1 2. Public Parking Improvement........................................................................................ 2 3. Term............................................................................................................................. 3 3.1 Initial Term....................................................................................................... 3 3.2 Extension of Initial Term.................................................................................. 3 4. Improvements GeneraIly............................................................................................... 6 5. Property Taxes and Assessments.................................................................................. 7 6. Maintenance................................................................................................................. 7 7. Surrender......................................................................................................................7 8. Use...............................................................................................................................7 8.1 City Events....................................................................................................... 7 8.2 Compliance with Laws...................................................................................... 8 9. Title to Improvements................................................................................................... 9 10. Mortgaging of Leasehold Estate................................................................................... 9 10.1 Mortgaging of Leasehold Estate........................................................................ 9 11. Other Liens................................................................................................................. 12 12. Utilities and Utility Easements.................................................................................... 12 13. Quitclaim Deed..........................................................................................................12 14. Damage......................................................................................................................13 14.1 Damage...........................................................................................................13 14.2 Waiver of Statutory Provisions........................................................................ 13 14.3 Condemnation.................................................................................................13 15. Tenant's Insurance...................................................................................................... 14 15.1 Minimum Requirements.................................................................................. 14 -i- 1123 1 -0001\2178218v3,doc i- 1l231-000112178218v3,doc Page 317 TABLE OF CONTENTS (cont.) Pau 15.2 Self -Insured Retentions................................................................................... 15 15.3 Miscellaneous Insurance Requirements........................................................... 15 15.4 Builder's Risk (Course of Construction) Insurance .......................................... 16 15.5 Professional Liability Insurance...................................................................... 16 15.6 Acceptability of Insurers.................................................................................16 15.7 Waiver of Subrogation.................................................................................... 16 15.8 Verification of Coverage................................................................................. 16 15.9 Subcontractors................................................................................................ 17 15.10 Casualty Insurance..........................................................................................17 16. Assignment or Subletting............................................................................................ 17 16.1 Landlord's Consent......................................................................................... 17 16.2 No Assignment............................................................................................... 18 I7. Quiet Possession......................................................................................................... 18 18. Default....................................................................................................................... 18 18.1 Default by Tenant...........................................................................................18 ................... 18.2 Default by Landlord......................................................... ............ 18 18.3 No Waiver.......................................................................................................19 19. Landlord's Right of Entry........................................................................................... 19 20. Estoppel Certificates................................................................................................ 19 21. No Partnership............................................................................................................ 19 22. [RESERVED]............................................................................................................ 19 23. Indemnification and Defense...................................................................................... 19 24. Miscellaneous.............................................................................................................20 24.1 Successors and Assigns................................................................................... 20 -u- 11231-0001\21782180.doc Page 318 TABLE OF CONTENTS (coat.) Page 24.2 Notices............................................................................................................20 24.3 Time............................................................................................................... 20 24.4 Attorneys' Fees............................................................................................... 20 24.5 Governing Law............................................................................................... 20 24.6 Consent to Jurisdiction and Service of Process ................................................ 20 24.7 Counterparts....................................................................................................21 24.8 Severability.....................................................................................................21 24.9 Further Assurances............................................................ :............................. 21 24.10 No Waiver...................................................................................................... 21. 24.11 Entire Agreement............................................................................................ 21 24.12 Termination.................................................................................................... 21 24.13 Memorandum of Lease.................................................................................... 21 24.14 Force Majeure.................................................................................................21 24.15 Waiver of Landlord's Lien.............................................................................. 22 24.16 No Waiver of Governmental Powers............................................................... 22 24.17 Authority of City Manager.............................................................................. 22 11231-00011217821 Sv3.doc Page 319 GROUND LEASE This GROUND LEASE (this "Lease"), is dated as of , 2018, and is entered into by and between CITY OF RANCHO CUCAMONGA, a California municipal corporation ("Landlord"), and RANCHO MALL NE, LLC, a Delaware limited liability company ("Tenant"), each of which is sometimes referred to herein individually as a "Party" and collectively as the "Parties". RECITALS A. Landlord is the owner of the land described on Exhibit "A" and the improvements (if any) thereon, located in the City of Rancho Cucamonga, County of San Bernardino, State of California ("Premises"); and B. Tenant desires to lease the Premises from Landlord for the purpose of constructing the public parking improvements described on Exhibit "B" on the Premises (the "Surface Public Improvements" and "Parking Deck Improvements", collectively referred to herein as the "Improvements"). C. Landlord and an affiliate of Tenant are parties to that certain Development Agreement dated February 20, 2002 recorded on August 1, 2002 as Document No. 2002-0404453 in the Official Records of San Bernardino County, California (as amended, the "Development Agreement"), which is sometimes referred to below in this Lease. AGREEMENT NOW, THEREFORE, in consideration of the sum of $55 (which has been paid by Tenant to Landlord), the use and operation of the Premises for public purposes, mutual covenants contained herein and other consideration, the sufficiency of which is hereby acknowledged, the. Parties hereto hereby agree as follows: 1. Lease of Premises. Subject to the provisions of this Lease, Landlord hereby leases the Premises to Tenant, and Tenant hereby leases the Premises from Landlord, for the Term and subject to all of the other terms and conditions hereinafter set forth, provided that Landlord shall have, and hereby reserves, the access easements over the Premises that are showing in Tentative Parcel Map No. 19963. The Premises are leased by Landlord to Tenant in their current "AS -IS" condition without representation or warranty, express or implied, and subject to all matters of record and all title matters that would be revealed by an ALTA survey, and Tenant acknowledges it has had adequate opportunity to investigate the condition of the Premises, obtain and approve (or disapprove) a title report for the Premises and such a survey, and obtain title insurance for Tenant's leasehold interest. Landlord will cooperate in good faith, but at no cost to Landlord, in connection with Tenant's removal or revision of any matters affecting title that must be removed or revised in order to construct or operate the Improvements. 11231-0001121782180.doc Page 320 2. Public Parking Improvement; Prevailing Wages. 2.1 Tenant shall have theright but not the obligation; to construct only the Surface Parking Improvements, or both the Surface Parking Improvements and the Parking Deck Improvements, on the Premisesrop vided that: 2.1.1 With respect to the Surface Parking Improvements, this Lease shall be subject to termination under Section.2.1.5 below unless all permits required for the commencement of construction of the Surface Parking Improvements shall have been issued and construction of the Surface Parking Improvements shall have been substantially commenced by January 2, 2025 (subject to Force Majeure Events and Section 2.1.1 below); 2.1.2 With respect to the Parking Deck Improvements, they may be constructed by Tenant at any time during the Term, or not at all, in the discretion of Tenant; and 2.1.3 After Tenant has commenced construction, the applicable Improvements shall be diligently prosecuted to completion. For purposes of this Section 2.1.3, construction of the Surface Parking Improvements shall not be deemed to be commencement of construction of the Parking Deck Improvements. 2.1.4 If Tenant shall have commenced construction of -the Public Safety Facility building shell described in Section IIIM. of the Development Agreement by January 2, 2025 (as extended by Force Majeure Events), then that date in Section 2,1.1 above :shall be extended to January 2, 2027. 2.1.5 If Tenant fails to commence construction of the Surface Parking Improvements within the time provided in Section 2.1.1, or fails to commence to cure a default under Section 2.1'.3. within twenty, (20) business days after written notice from Landlord or thereafter fails to diligently .prosecute the cure to completion, then subject to a Mortgagee's right to cure under Section 9.1.6 below, either Landlord or Tenant may terminate this Lease .by written notice to the other party. Notwithstanding the foregoing, in the event Tenant has substantially commenced construction of the Surface- Parking Improvements at a point in time before termination of this Lease but after the time provided in Section 2.1.1, Landlord shall no longer have the right to terminate this Lease for a failure to commence construction of the Surface Parking Improvements within the time provided in Section 2.1.1. Any termination under this Section 2.1.5 shall be without Iiability, i.e. neither party shall be liable to the other for lost profits, consequential damages, or other remedies arising out -of or in connection with the termination. 2.2 Until the Surface Parking Improvements have been commenced, Tenant shall meet with..Landlord annually, on or about July 1 of'each calendar year, on a specified business day reasonably requested in writing by Landlord, to discuss the status of the Surface Parking Improvements and Parking Deck Improvements. 2.3 All Improvements (and any other improvements or alterations on the Premises approved by Landlord) shall be constructed as a public work of improvements for which prevailing wages shall be paid and bonds provided under Labor Code Section 1781(a)(2)(C). Tenant and its contractors and subcontractors shall pay prevailing wages and employ apprentices in compliance with Labor Code Section 1770, et sea., and shall be responsible for the keeping of all, records ..2_ 11231-0001\2178218v3.d9c Page 321 required pursuant to Labor Code Section 1776, complying with the maximum hours requirements of Labor Code Sections 1810 through I8I5, and complying with all regulations and statutory requirements pertaining thereto. Upon the periodic request of Landlord, Tenant shall certify to Landlord that it is in compliance with the requirements of this Section. Tenant shall indemnify, protect, defend and hold harmless Landlord and its officers, employees, contractors and agents, with counsel reasonably acceptable to Landlord, from and against any and all loss, liability, damage, claim, cost, expense and/or "increased costs" (including reasonable attorneys' fees, court and litigation costs, and fees of expert witnesses) which, in connection with the development, construction, and/or operation of the Improvements, including, without limitation, any and all public works (as defined by applicable law), results or arises in any way from any of the following: (a) the noncompliance by Tenant of any applicable federal and/or state labor laws (including, without limitation, if applicable, the requirement to pay state prevailing wages); (b) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or (c) failure by Tenant to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. It is agreed by the parties that, in connection with the development of the Improvements, including, without limitation, any and all public works (as defined by applicable law), Tenant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar Iaw. "Increased costs," as used in this Section, shall have the meaning ascribed to it in Labor Code Section 1781, as the same may be amended from time to time. The foregoing indemnity shall survive termination of this Lease. 3. Term. 3.1 Initial Term. The initial term of this Lease ("Initial Term") shall commence on the date hereof (the "Commencement Date") and shall expire, unless earlier terminated in accordance with the terms of this Lease, on the date that is fifty -dive (55) years thereafter. This Lease shall, however, automatically terminate if Parcel Map No. 19963 is not approved by the City Council of Landlord on or before the date that is ninety (90) days after the date of this Lease, as such date may be extended by the City Manager in writing, and the City Manager shall reasonably extend such date in writing provided Tenant is diligently pursuing the processing and approval of such final parcel map. 3.2 Extension of Initial Term, Option to Purchase 3.2..1 Extension Notice; Option to Purchase. At least twelve (12) months prior to the expiration of the Initial Term, Tenant may give Landlord written notice (an "Extension Notice") that Tenant desires to extend the Lease Term for an additional six hundred fifty-nine (659) months (or such shorter period as may then be required by law). If Tenant fails to give the Extension Notice in a timely manner, Landlord shall have the right to give Tenant written notice of such failure ("Tenant Failure Notice"). If Tenant then fails to give the Extension Notice within thirty (30) days after Landlord gives a Tenant Failure Notice, then Landlord need not consider a lease extension or sale of the Premises to Tenant. -3- 11231-0001\2179218vldoc Page 322 If either: (a) Tenant timely gives an Extension Notice and Landlord fails to approve the extension within ninety (90) days thereafter; or (b) the rights of use and possession of Tenant under this Lease are invalidated (other than pursuant to any act of Tenant or any affiliate of Tenant) based on this Section 3.2 and an uncured default by Tenant for which Landlord has given Tenant written notice of default does not then exist (an "Invalidation Trigger"), then Tenant shall have the option to purchase fee title to the Premises subject to the terms and conditions set forth in this Section 3.2, for a purchase price (the "Purchase Price") in the amount of the then -fair market value of the Premises, excluding the Improvements and assuming this Lease has expired ("Fair Market Value"), which shall be determined in accordance with Section 3.2.11 below. 3.2.2 Extension Notice. If Landlord approves the extension in the Extension Notice, the Lease Term shall be extended for a period of six hundred fifty-nine (659) months on all of the terms and conditions set forth in this Lease except for this Section 3.2. 3.2.3 Option. If Tenant timely gives an Extension Notice, and Landlord fails to approve the extension within ninety (90) days thereafter, or within ninety (90) days after the Invalidation Trigger has occurred, as applicable, Tenant may exercise the option granted in Section 3.2.1 above by written notice (an "Option Exercise Notice") to Landlord at any time prior to the expiration of the Initial Term. Additionally, if (i) an Invalidation Trigger has occurred; (ii) an uncured default by Tenant for which Landlord has given Tenant written notice of default does not then exist; and (iii) Landlord has not tendered to Tenant a replacement lease with substantially the same terms as provided by this Lease (but without this Section 3.2), within ninety (90) days after the Invalidation Trigger has occurred, then Tenant may exercise the option granted in Section 3.2.1 above by Option Exercise Notice given to Landlord at any time within thirty (30) days after such ninety (90) day period. Tenant's purchase of the Premises pursuant to Tenant's exercise of such option (the "Option Purchase") shall be closed (the "Option Closing") on a date (the "Option Closing Date") that is within one -hundred and twenty (120) days after the date of Tenant's Option Exercise Notice. 3.2.4 Rights to be Convey. At the Option Closing, Landlord shall convey the Premises to Tenant, free and clear of any lien or encumbrance other than: (i) those matters that exist as of the Commencement Date; and (ii) any matter to which Tenant has created or caused to be created or consented to in writing. 3.2.5 Escrow. Promptly after Tenant gives the Option Exercise Notice, Landlord and Tenant shall deliver a copy of this executed Lease to such title company as may then be reasonably acceptable to Landlord and Tenant ("Option Escrow Agent"), and this Section 3.2 shall constitute escrow instructions to the Option Escrow Agent with respect to the Option Purchase. Landlord and Tenant agree to execute and deliver to the Option Escrow Agent any additional or supplemental instructions as may be necessary or convenient to implement the terms of this Section 3.2 and close the Option Purchase, provided such additional or supplemental instructions are consistent with, and do not in any way modify, amend or supersede this Section 3.2. Any such additional or supplemental escrow instructions, together with the escrow instructions set forth in this Section 3.2, as they may be amended by the parties hereto from time to time, are hereinafter collectively referred to as the "Option Escrow Instructions." The Option Escrow Instructions may be supplemented by such standard form terms and provisions as the Option Escrow Agent may provide to the parties hereto in writing; provided, however, that the parties -4- 11231-00011217821 M,doc Page 323 hereto and the Option Escrow Agent (by its opening of the escrow contemplated hereby) acknowledge and agree that in the event of any conflict between any provision of any such standard term or provision provided by the Option Escrow Agent and the Option Escrow Instructions, the Option Escrow Instructions shall govern and apply. 3.2.6 Conveyance. At the Option Closing and upon payment of the Option Purchase Price (through escrow), Landlord shall convey fee title to the Premises (including any improvements thereon and any appurtenant rights) to Tenant by grant deed (the "Deed"). 3.2.7 CIosing Costs. The escrow fees, all recording fees and transfer taxes and any title insurance costs shall be paid by Tenant. 3.2.8 Other Documents. Each party shall execute and deliver such other reasonable documents as may be reasonably required by the Option Escrow Agent to close the Option Purchase in a -manner consistent with the provisions of this Section 3.2. 3.2.9 Close of Option Escrow. Upon the Option Escrow Agent's verification that the Option Escrow Agent has received all of the documents, instruments and payments (including Purchase Price) required to be provided to the Option Escrow Agent pursuant. to this Section 3.2, the Option Escrow Agent shall close the escrow by doing the following: Recording of Deed. The Option Escrow Agent shall record the Grant Deed; ii. Purchase Price. The Option Escrow Agent shall` deliver the Option Purchase Price to Landlord. 3.2.10 Failur� to Exercise Option. If Landlord gives (or is deemed to have given) a Non -Exercise Notice and Tenant fails to exercise the option granted in this Section 3.2, then Tenant's rights with respect .to and interests in the Leased Premises and the Improvements shall expires and terminate. The provisions of this Section 3.2.10 shall survive such termination of this Lease. 3.2.11 Fair Market Value; Determination of Purchase Price. The following procedure shall be used to determine the Fair Market Value in the event the Parties are unable to agree on the Fair Market Value within thirty (30) days after Tenant -gives an Option Exercise Notice to Landlord. is Appraiser Qualifications. Any appraiser designated to serve as provided in this Section shall be disinterested, shall be a licensed Real Estate Appraiser and a member of the American Institute of Real Estate Appraisers- (or any successor association or body of comparable standing if such institute is not then in existence), and shall be familiar with commercial property values in San Bernardino County, California. ii. First and Second Appraiser. City shall designate the first appraiser (the "First Appraisers'), who shall prepare: an appraisal ("City's Appraisal") of the Fair Market Value within 30 days of such designation. City.shall give Tenant written notice and a copy of City's Appraisal. If Tenant does not -5- 11231-000112178218v3.doc Page 324 agree with City's Appraisal within 10 days after such notice, Tenant shall designate a second appraiser (the "Second Appraiser"), who shall prepare an appraisal ("Tenant's. Appraisal") of the Fair Market Value within 30 days after such designation. Tenant shall give City written notice and a copy of Tenant's Appraisal. If City does not agree with such Tenant's Appraisal within 20 days after such notice, the provisions of Subsection iii. below shall apply. iii. Calculation of Fair Market Value-, Third Appraiser. If the difference between City's Appraisal and Tenant's Appraisal is 10 percent,or less of the amount of the higher appraisal, the two appraisals shall be averaged and the figure calculated shall be deemed to be the Fair Market Value. If the difference between City's Appraisal and Tenant's Appraisal exceeds 10 percent, the Parties,shall appoint a third appraiser (the "Third Appraiser") within 15 days. If the.Parties does not so agree on the appraiser, then either Party, on behalf of both, may request that such appointment be made by the presiding judge of the California Superior Court for the County of San Bernardino or any successor court of original jurisdiction from a list of names then provided by the Parties. If the Parties shall fail to agree on a list of names, any person meeting. the qualifications required by Subsection (i) may be appointed by such presiding judge. The Third Appraiser shall then select the appraisal that. it believes is the closest to Fair Market Value. iv: Failure, Refusal, or InabiIity of Appraiser to Act. In the event of the failure, refusal, or inability of any appraiser to act, a new appraiser shall be appointed in his or her stead, which appointment shall be made in the same manner as hereinbefore provided for the appointment of such appraiser so failing, refusing, or being unable to act. V. Fees and Expenses. Each Party shall pay the fees and expenses of the appraiser they designate, or in whose stead, as above provided, such appraiser was appointed, and the fees and expenses of the Third Appraiser and all other expenses, if any, shall be borne equally by both Parties. 4. Improvements Generally. 4.1.1 Improvements. 4.1.1.1 Tenant shall construct any Improvements which it elects to construct at its expense and in compliance with all applicable laws and permits. The Improvements shall substantially conform to the applicable concept plan attached as part of Exhibit "B" to this Lease, which Landlord hereby approves in its proprietary capacity under this Lease. Any material changes to the Plans shall be subject to Landlord's consent under Section 4.1.1.2 below. 4.1.1.2 Tenant also may, at its option and at its own cost and expense; at any time and from time to time, make such alterations, changes, replacements, improvements and additions in and to .the- Premises, and the buildings and improvements thereon,. as it may deem in 11231-0001121782180.doc Page 325 desirable, including, without limitation, the demolition of any buildings(s) and improvement(s) and/or structure(s) that now or hereafter may be situated or erected on the Premises, subject to (i) the prior written consent of Landlord (in its proprietary capacity under this Lease), which shall not be unreasonably withheld, and (ii) compliance with applicable law. 4.1.1.3 Tenant shall be responsible, at its expense, for obtaining any building permits and other approvals necessary to construct any Improvements or alterations. 5. Property Taxes and Assessments. Tenant shall pay all property taxes assessed on Tenant's leasehold interest hereunder (i.e., so-called "possessory interest taxes") and any and all assessments with respect to the Premises allocable to the Term (i.e., prorated as of the Commencement Date and expiration/termination date of this Lease). City shall reasonably cooperate (at no cost to City) in supporting any good faith claim by Tenant that the leasehold is exempt from possessory interest taxes and assessments because of the public ownership and public parking use of the Premises. This section shall not prevent Tenant from contesting in good faith any tax or assessment, provided that the contest is pursued by Tenant in a manner that would not result in lien foreclosure or other sale of the Premises being forced by the agency imposing the tax or assessment. 6. Maintenance. Tenant shall, at all times during the Term, and at its own cost and expense, keep and maintain in good repair and in good condition (ordinary wear and tear and damage by fire or other casualty and taking by eminent domain excepted), the Premises and all Improvements (and any other improvements) on the Premises. Maintenance shall include without limitation, weed abatement and graffiti removal. 7. Surrender. Upon the expiration or earlier termination of the Term of this Lease, Tenant shall (i) surrender the Premises, and the Improvements thereon, ordinary wear and tear excepted to Landlord; and (ii) Tenant shall have removed all of its personal property from the Premises prior to the expiration or earlier termination of this Lease, and if Tenant fails to do so, Landlord may dispose of such personal property in any manner with no liability or obligation to Tenant, and Tenant hereby waives all laws that conflict with the foregoing. 8. Use. Tenant shall use the Premises solely for public parking. Following completion and commencement of public parking operations on any of the Improvements, except for temporary interruptions from time to time due to construction, maintenance, repairs or a Force Majeure Event, Tenant shall keep the Premises and Improvements open for such public parking during: (i) all hours during which any parking for patrons of that certain Victoria Gardens Lifestyle Center described in the Development Agreement, as amended (the "Center") is open; and (ii) during, and as reasonably required by Landlord before and after, any and all events in Landlord's Cultural Center near the Premises. 8.1 City Events. Excluding the periods from January I through January 31 and Thanksgiving through December 31 of each calendar year, Landlord may from time to time use the Premises and Improvements for temporary special events at Landlord's cost, up to four (4) times during each year of the Term (i.e., commencing on the Commencement Date, not based on calendar years), not to exceed three 3 consecutive days per event. Landlord will deliver to Tenant annual written proposals for the four events describing the dates hereof and other matters relating -7- 1 l 231-0001 \21782180.doc Page 326 thereto, and Tenant shall have the right to reasonably approve or reasonably disapprove such proposalsrop vided Tenant responds with its written approval or disapproval (including the specific reasons for any disapproval) within thirty (30)days after Landlord's delivery of its annual proposal. Failure of Tenant to timely respond in the manner required by the preceding sentence shall be deemed Tenant's approval. 8.2 Compliance with Laws; Hazardous Substances. The term "Governmental Regulations" means all federal, state, county, or municipal laws, ordinances, rules, regulations, directives, orders, or requirements now in force or which may hereafter be in force, including, without limitation, the Americans with Disabilities Act of 1990, 42 U.S.C. §12101, et. seq. together with the regulations promulgated pursuant thereto. 8.2.1 Compliance with Laws. Tenant shall not use or occupy the Premises in any manner that violates any Governmental Regulations and shall at all times comply with all applicable Governmental Regulations including, without Iimitation, any new Governmental Regulation or changes in Governmental Regulations that requires improvements to be made to the Premises, subject to the terms of the Development Agreement, and subject to any legal right Tenant may have to lawfully maintain a pre-existing legal conforming or legal non -conforming use. 8.2.2 Definition of Hazardous Substances. As used in this Lease, the term "Hazardous Substances" shall mean any (i) oil, petroleum, petroleum byproduct or products, flammable substances, explosives, radioactive materials, hazardous wastes or substances, toxic wastes or substances or any other wastes, materials or pollutants which (a) pose a hazard to the Premises or to persons on or about the Premises or (b) cause the Premises to be in violation of any Environmental Laws; (ii) asbestos in any form (including asbestos -containing materials), urea formaldehyde foam insulation, transformers or other equipment which contain dielectric fluid containing levels of polychlorinated biphenyls, radon or raw materials that contain hazardous constituents; (iii) chemical, material or substance defined as or included in the definition of "hazardous substances", "hazardous wastes", "hazardous materials", "extremely hazardous waste", "restricted hazardous waste", or "toxic substances" or words of similar import under any Hazardous Substances; and/or (iv) other chemical, material or substance, exposure to which is prohibited, limited or regulated by any governmental authority or may or could pose a hazard to the health and safety of the occupants of the Premises or the owners and/or occupants of Premises adjacent to or surrounding the Premises, or any other person coming upon the Premises or adjacent Premises, including without limitation, infectious substances. As used herein, "Environmental Laws" shall mean any federal, state or local laws, ordinances, regulations or policies relating to the environment, health and safety, and/or Hazardous Substances (including, without limitation, the use, handling, transportation, production, disposal, discharge or storage thereof) or to industrial hygiene or the environmental conditions on, under or about the Premises, including, without limitation, soil, groundwater and indoor and ambient air conditions, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. §9601 et seq.) ("CERCLA"), the Resource Conservation and Recovery Act of 1976 (42 U.S.C. §6901 et seq.), the Federal Water Pollution Control Act (33 U.S.C. §1251 et seq.), the Clean Air Act (42 U.S.C. § 7401 et seq.), the Emergency Planning and Community -Right -to -Know Act (42 U.S.C. § 11001 et seq.), the Endangered Species Act (16 U.S.C. § 1531 et seq.), the Toxic Substances Control Act (15 U.S.C. § 2601 et seq.), the Occupational Safety and Health Act (29 -8- 1123 1 -000 1 \21782180.doc Page 327 U.S.C. § 651 et seq.) and the Hazardous Materials Transportation Act (49 U.S.C. §1801 et seq.), and those relating to lead based paint. As used herein, the term "Release" shall mean and refer to any spilling, leaking, pumping, pouring, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment, including the abandonment or discarding of barrels, drums, containers, tanks, or other receptacles containing or previously containing any Hazardous Substances. 8.2.2.1 With regard to Releases of any Hazardous Substances on the Premises during the Term that are not caused by Landlord, Tenant shall remove or remediate, at Tenant's sole cost, the same to the extent required by all Environmental Laws and in compliance with all Governmental Regulations, and Tenant shall defend, indemnify and hold Landlord and its officers, trustees, directors, employees, shareholders, partners, members, agents, representatives, successors and assigns (collectively, "Landlord Parties") harmless from and against any and all claims, liabilities, losses, damages, costs and expenses asserted against, imposed on, or suffered or incurred by Landlord, a Landlord Party or the Premises, directly or indirectly arising out of or in connection with any such Hazardous Substances (whether alleged or real), and/or the removal and remediation of same. 9. Title to Improvements. Any Improvements constructed by Tenant on the Premises shall become Landlord's property upon the expiration or earlier termination of the Lease without compensation to Tenant. 10. Mortgaging of Leasehold Estate. 10.1 Mortgaging of Leasehold Estate. Tenant may, upon written notice to Landlord (and delivery to Landlord of the applicable proposed loan documents), encumber the Leasehold Estate by deed of trust (hereinafter referred to as the "Leasehold Mortgage")rop vided that Landlord's fee interest in the Premises shall not be subordinated to or encumbered by the Leasehold Mortgage, and provided, further, that Tenant and the beneficiary under the Leasehold Mortgage or the other holders of the indebtedness secured by the Leasehold Mortgage (the "Leasehold Mortgagee") notify Landlord in writing of the execution of such Leasehold Mortgage and the name and address for notices of such Leasehold Mortgagee. Upon delivery of the loan documents and such notification to Landlord. 10.1.1 Landlord consents to any such Leasehold Mortgage, and to any assignment of this Lease and conveyance of the Tenant's leasehold interest hereunder in connection with an assignment -in -lieu of foreclosure or actual foreclosure of our Leasehold Mortgage. 10.1.2 Until all obligations of Tenant to Leasehold Mortgagee (the "Loan Obligations") shall have been completely paid and performed, and the Leasehold Mortgage shall have been discharged; Landlord shall not take any action to terminate this Lease or to exercise any other remedy for default in the obligations of Tenant thereunder without first complying with the requirements of Section 10. 1.5 and 10. 1.6 below. 10.1.3 Until the Loan Obligations shall have been completely paid and performed, Landlord shall not enter into a voluntarily termination of this Lease with Tenant. Any amendment In 1 1231-000112178218vldoc Page 328 or modification to this Lease made without Leasehold Mortgagee's prior written consent shall not be binding upon Leasehold Mortgagee, its successors or assigns. 10.1.4 If ownership of the fee and leasehold interests of the Leasehold become vested in the same person or entity, then as long as the Leasehold Mortgage shall remain outstanding, such occurrence shall not result in a merger of title. Rather, the Lease and the Leasehold Mortgage lien thereon shall remain in full force and effect. 10.1.5 Provided a Leasehold Mortgagee has given its address for notices to Landlord in writing, Landlord shall send to Leasehold Mortgagee, in the manner provided in Section 24.2 below, a copy of any notice to Tenant of a default by Tenant under this Lease at the same time as and whenever any such notice of default shall be given by Landlord to Tenant, addressed to Leasehold Mortgagee. Tenant irrevocably directs that Landlord accept, and Landlord agrees to accept, performance and compliance by Leasehold Mortgagee of and with any term, covenant, agreement, provision, condition or limitation on Tenant's part to be kept, observed or performed under this Lease with the same force and effect as though kept, observed or performed by Tenant, provided that such Landlord's agreement is conditioned upon the Leasehold Mortgagees complying with the 10.1.6.1 and 10.1.6.3, as applicable. 10.1.6 Notwithstanding anything provided to the contrary in this Lease, this Lease shall not be terminated because of a default or breach hereunder on the part of Tenant until and unless: 10.1.6.1 Notice of any such default or breach shall have been delivered to Leasehold Mortgagee in accordance with the provisions of Section 10. 1.5 above; 10.1.6.2 With respect to a default or breach that is curable solely by the payment of money, Leasehold Mortgagee has not cured such default or breach within thirty (30) days following the expiration of any of Tenant's notice and cure period set forth in this Lease; and 10.1.6.3 With respect to a default or breach that is not curable solely by the payment of money, Leasehold Mortgagee has not cured such default or breach within thirty (30) days following the expiration of any of Tenant's notice and cure periods set forth in this Lease or, if such default or breach is curable but cannot be cured within such time period, (i) Leasehold Mortgagee has not notified Landlord within such time period that it intends to cure such default or breach, (ii) Leasehold Mortgagee has not diligently commenced to cure such default or breach, or (iii) Leasehold Mortgagee does not diligently prosecute such cure to completion. 10.1.6.4 Furthermore, notwithstanding anything to the contrary contained in this Lease, if Leasehold Mortgagee reasonably determines that it must foreclose or cause its designee to foreclose the Leasehold Mortgage or to acquire or cause its designee to acquire the Leasehold or to succeed or cause its designee to succeed to Tenant's possessory rights with respect to the Leasehold (including, without limitation, through an assignment in lieu of foreclosure) or to appoint a receiver (each such event, a "Foreclosure Event") in order to effectuate the cure of any non -monetary breach or default by Tenant hereunder that the Leasehold Mortgagee can cure only by obtaining physical possession ofthe Premises, the cure periods set forth above shall be extended by any reasonable period necessary to complete the foreclosure process or receiver proceedings to -10- 11231-0001121782180.doc Page 329 succeed to Tenant's possessory rights, provided they are promptly commenced and diligently prosecuted. Promptly after Leasehold Mortgagee or a designee of Leasehold Mortgagee acquires the Leaseho ld- pursuant to fofeclosure proceedings or otherwise or succeeds to Tenant's possessory rights (including, without Iimitation, through an assignment in Iieu of foreclosure) or promptly after a receiver is appointed, as the case may be, Leasehold Mortgagee or its designee shall diligently cure said breach or default. 10.1.6.5 Notwithstanding anything provided to the contrary in this Lease, this Lease shall not be terminated because of a voluntary or involuntary bankruptcy filing by or on behalf of the Tenant. 10.1.7 Without the written consent of Leasehold Mortgagee, Landlord agrees not to accept a. cancellation or voluntary surrender of this Lease at any time while the Leasehold Mortgage shall, remain a lien on the Leasehold; and any such attempted cancellation or surrender of this Lease without the written consent of Leasehold Mortgagee shall be null and void and of no force or effect. 10.1.8 It is acknowledged that the Leasehold Mortgage may be assigned by Leasehold Mortgagee in accordance with its terms. Notwithstanding anything stated to the contrary in this Lease, the following transfers shall be permitted and shall not require the approval or consent of Landlord: 10.1.8.1 A transfer of the Leasehold at.foreclosure sale Linder the Leasehold Mortgage, whether pursuant to the power of sale contained therein or a judicial foreclosure decree, or by an assignment in lieu of foreclosure, or 10.1.8.2 Any subsequent transfer by Leasehold Mortgagee or its nominee or designee if Leasehold Mortgagee, or such nominee or designee, is the purchaser at such foreclosure sale or under such assignment in lieu of foreclosure. 10.1.8.3 Any such transferee (a "Foreclosure Transferee") shall be liable to perform the obligations of Tenant under this Lease, but shall have a reasonable time to do so but shall only be liable to cure prior defaults of Tenant to the extent curable such that any prior defaults that are non -curable (such as misrepresentations by Tenant or defaults based solely on -the condition of Tenant) will not constitute a continuing default by such transferee. 10.1..9 Following any transfer described in Section 10.1.8.1, a default existing under this Lease by reason of a voluntary or involuntary bankruptcy fling prior to such transfer shall .be deemed waived without further notice or action of any party. Any and all buildings and improvements owned by Tenant prior to any termination of this Lease that has been granted by Tenant as security for such LeaschoId Mortgage shall automatically pass to, vest in and belong to the applicable Foreclosure Transferee on the date of any transfer described in Section 10.1.8.1. 10.1.10 The provisions of,this Section 10.1 shall be binding upon and inure to the benefit of Leasehold Mortgagee's successors and assigns.. To the extent of any inconsistency between the ,terms and provisions contained in other sections of this Lease and the terms and conditions set forth in this Section 10.1, the terms and conditions set forth below in this Section 10.1 shall govern and control. -11- 11231-0001 \21782180.doc Page 330 10.1.11 The terms of this Section 10. 1, and the rights ofLeasehoId Mortgagee, and the obligations of Landlord and Tenant arising hereunder shall not be affected, modified or impaired in any manner or to any extent by (a) any renewal, replacement, amendment, extension, substitution, revision, consolidation, modification ortermination of or any of the Loan Obligations; (b) the validity or enforceability of any document evidencing or securing the Loan Obligations; (c) the release, sale, exchange for surrender, in whole or in part, of any collateral security, now or hereafter existing, for any of the Loan Obligations; (d) any exercise or nonexercise of any right, power or remedy under or in respect of the Loan Obligations; or (e) any waiver, consent, release, indulgence, extension, renewal, modification, delay or other action, inaction or omission in respect of the Loan Obligations, all, whether or not Landlord shall have had notice or knowledge of any of the foregoing and whether or not it shall have consented thereto. 10.1.12 If this Lease terminates as a result of a rejection of this Lease in a bankruptcy, then upon Leasehold Mortgagee's written request, Landlord shall enter into a new lease of the Premises with Leasehold Mortgagee for,the remainder of the Lease Term, at the same rent and on the same terms and conditions as contained in this Lease and dated as of the date of termination of this Lease and convey to Leasehold Mortgagee by quitclaim deed all buildings and improvements owned by Tenant (such improvements to become the property of Landlord upon the expiration or earlier termination of said new lease) provided Leasehold Mortgagee cures any monetary defaults which Landlord discloses to Leasehold Mortgagee, and such new lease may require cure of any non -monetary defaults within a reasonable period of time to the extent curable (it being understood that examples of non -curable defaults would .include misrepresentations by Tenant and defaults based solely on the condition of Tenant). Leasehold Mortgagee shall promptly pay all expenses, including Landlord's reasonable attorneys' fees, incident to the execution and delivery of such new lease and quitclaim deed. 11. Other Liens. If, because of any act or omission of Tenant, any mechanic's lien or other lien, charge or order for the payment of money shall be filed against Tenant's interest in the Premises, Tenant shall, at its own cosvand expense, cause the same to be discharged of record or bonded within. ninety (90) days after notice .from Landlord to Tenant of the filing thereof. Tenant shall defend, indemnify and save harmless Landlord against and from all costs, liabilities,, suits, penalties, claims and demands, including reasonable counsel fees, in connection with any failure 'by Tenant to pay for its improvements. Tenant or its designees shall have the right to contest any such liens by legal proceedings, or in such other manner as it may deem suitable (which, if instituted. Tenant or its designees shall conduct promptly at its own cost and expense, and free of any expense to Landlord). 12. Utilities and Utility Easements. Tenant shall be responsible, at its expense, for obtaining utility service necessary for the Improvements and for installing any and all necessary utility conduits for connection to the main transmission lines off-site. Tenant agrees to pay, before delinquency, all charges for gas, electricity, heat, light, power, sewage, water, telephone, trash removal, and all other similar services or utilities furnished to the Premises during the Term, including all installation, connection and disconnection charges. 13. Quitclaim Deed. Upon the expiration or earlier termination of this Lease for any reason provided for under this Lease, including but not limited to termination because of default by Tenant, Tenant shall execute, acknowledge, and deliver to Landlord within five (5) business days -12- 11231-0001121782180.doc Page 331 after written demand therefor, a good and sufficient deed whereby all right, title and interest of Tenant in the Premises and any improvements which are not to be removed therefrom pursuant to this Lease is quitclaimed to Landlord. Should Tenant fail or refuse to deliver the required deed to Landlord, Landlord may prepare and record a notice reciting the failure of Tenant to execute, acknowledge, and delivery of such deed and said notice shall be conclusive evidence of the termination of this Lease and of all right of Tenant or of those claiming under Tenant in and to the in the Premises and said improvements. 14. Damage; Condemnation. 14.1 Damage. If the Improvements have been damaged or destroyed by fire or other casualty, Tenant, shall repair and restore the Improvements to their condition just prior to the casualty or to a substantially comparable condition. Notwithstanding anything in this Lease to the contrary, (a) in the event that there is $500,000 or more of uninsured damage or destruction to the Improvements not required to be insured against under Section 15 below, then Tenant may terminate this Lease by written notice to Landlord, in which event the Parties shall have no further rights or liabilities under this Lease (except for any that expressly survive termination of this Lease), provided, however, that Tenant at its sole cost shall be responsible for the clean-up and demolition of the damaged Improvements. 14.2 Waiver of Statutory Provisions. The provisions of this Lease, including this Section, constitute an express agreement.between Landlord and Tenant with respect to any and all damage to, or destruction of, improvements on the Premises, and any applicable statute or regulation including, without limitation, Sections 1932(2) and 1933(4) of the California Civil Code, with respect to any rights or obligations concerning damage or destruction in the absence of an express agreement between the Parties, and any other statute or regulation, now or hereafter in effect, shall have no application to this Lease or any damage or destruction to all or any part of the Premises. 14.3 Condemnation. 14.3.1 If the use, occupancy, or title of the Premises or any part thereof is taken, requisitioned or sold in, by or on, account of any actual or threatened eminent domain proceeding or other action by any person having the power of eminent domain (a "Condemnation'), Landlord and Tenant agree that any award or compensation on account thereof will be allocated as follows: 14.3.1.1 Tenant receives that portion of the award or compensation allocable to its leasehold estate under this Lease ("Leasehold Estate") and improvements it constructed on the Premises; and 14.3.1.2 Landlord shall be entitled to receive that portion of the award or compensation allocable to its fee interest in the Premises. 14.3.2 Each of Landlord and Tenant may appear in any such proceeding or action, to negotiate, prosecute and adjust any claim for any award or compensation on account of any Condemnation as it relates to their respective interest in the Premises. All amounts paid in connection with any Condemnation of the Premises shall be applied pursuant to this Section, and all such amounts (minus the expense of collecting such amounts as hereinafter provided) are herein -13- 1123 1-000 1 \2178218v3.doc Page 332 called the "Net Proceeds." Landlord and Tenant shall each pay all of its reasonable costs and expenses in connection with each such proceeding, action, negotiation, prosecution and adjustment for which costs and expenses Landlord and Tenant shall be reimbursed out of any award, compensation or insurance payment to which it is entitled. Landlord shall have no interest in any such award, compensation or payment, or any portion thereof, made in respect of the Leasehold Estate or the improvements, all of which shall belong to and be paid to Tenant. 14.3.3 If a Condemnation shall affect all or a material portion of the Premises which shall render the Premises unsuitable for restoration for continued use and occupancy in Tenant's business, then Tenant may, not later than one hundred fifty (150) days after such occurrence, deliver to Landlord (i) notice of Tenant's intention to terminate this Lease on a business day specified in such notice (the "Lease Termination Date"), which occurs not less than thirty (30) days after the delivery of such notice; provided, however, if the interest of Tenant under this Lease shall then be encumbered by a Leasehold Mortgage, the holder of such Leasehold Mortgage shall have consented in writing to the giving of such notice, and (ii) a certificate of Tenant describing the event giving rise to such termination. This Lease shall terminate on the Lease Termination Date, except with respect to obligations and liabilities of Tenant hereunder, actual or contingent, which have arisen on or prior to the Lease Termination Date, upon payment of all sums then due and payable hereunder to and including the Lease Termination Date. 14.3.4 If a Condemnation of the Premises or any part thereof shall occur but Tenant does not give notice of its intention to terminate this Lease as provided in this Section I4.3.43 then this Lease shall continue in full force and effect. Any Net Proceeds payable with respect to such Condemnation shall be allocated between Landlord and Tenant in accordance with Section 14.3.2 above and, to the extent that Tenant has, received Net Proceeds, Tenant shall promptly repair and restore the Premises to the same condition (as nearly as practicable) as existed immediately before the Condemnation (assuming for this purpose that the Premises were in compliance with the terms of this Lease). In the event of any temporary requisition, this Lease shall remain in full effect and Tenant shall be entitled to receive the Net Proceeds allocable to such temporary requisition; except that such portion of the Net Proceeds allocable to the period after the expiration or termination of the Term of this Lease shall be paid to Landlord. 14.3.5 Landlord and Tenant each hereby waive their right to petition the court in any condemnation action to terminate this Lease pursuant to Section I265.130 of the California Code of Civil Procedure unless such party is entitled to terminate this Lease pursuant to this Section 14.3. 15. Tenant's Insurance. 15.1 Minimum Requirements. Tenant shall obtain and maintain the following insurance: (i) Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate -14- 11231-00011217821 Svldoc Page 333 limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (ii) Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits. no less than $2,000,000 per accident for bodily injury and property damage. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employers' Liability insurance with a Iimit of no less than $1,000,000 per accident for bodily injury or disease. (iv) Builder's Risk (Course of Construction) insurance utilizing an "All Risk" (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions, which shall include coverage for claims for injuries to persons, and damage to property arising from or in connection with the performance of work by Tenant; its agents, representatives, employees,. contractors and subcontractors. (v) Professional Liability, with limits no less than $1,000,000 .per occurrence or claim; and $1,0.00,000 policy aggregate. (vi) Contractors' Pollution. Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. (vii) If Tenant maintains broader coverage and/or higher limits than the minimums shown above, the Landlord requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Landlord. 15.2 Self -Insured Retentions. Self-insured retentions must be declared to- and approved by the Landlord. 15.3 Miscellaneous Insurance Requirements. The insurance policies are to contain, or be endorsed to contain, the following provisions: (i) The Landlord, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Tenant including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Tenant. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form'CG 20 10, CG1185 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). (ii) For any claims related to this project, the Tenant's insurance coverage shall be primary insurance coverage_ at least as broad as ISO CG 20 0104 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees,.or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. =15 - 11231-000112178218v3.doc Page 334 (iii) Each insurance policy required by this clause shall provide that coverage. shall not be canceled, except with 30 days notice to the Landlord. 15.4 Builder's Risk (Course of Construction) Insurance. Tenant may submit evidence of Builder's Risk insurance in the form of Course of Construction coverage. Such coverage shall name the Landlord as a loss payee as its interest may appear. If the .project does not involve new or major reconstruction, at the option of Tenant, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings,. structures, processes, machinery and equipment. The. Property Installation FIoater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing. 15.5 Professional. Liability Insurance. Professional liability insurance (only) may be on a claims -made coverage form, in which case: (iv) The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work: (v) Jnsurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work. (vi) If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a retroactive date prior to the contract effective, or start of work date, the. Contractor must purchase extended reporting period' coverage for a minimum of five (5) years after completion of contract work. A copy of the claims reporting requirements must be submitted. to the Landlord's for review. 15.6 Acceptability of Insurers., Insurance is to be placed with insurers authorized' to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the LandIord'. 15.7 Waiver of Subrogation. Tenant hereby agrees to waive rights of subrogation which any insurer of Tenant may acquire from Tenant by virtue of the payment of any loss. Tenant agrees to obtain any endorsement that -may be necessary to affect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of Landlord for all work performed by the Tenant, its employees, agents and subcontractors. 15.8 Verification of Coverage. Tenant.shall fufnish Landlord with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement. Page of the CGL policy listing all policy endorsements to Landlord before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Tenant's obligation to provide them. The Landlord reserves the right to require -16 - I f V*J E1I101 k1oI IfIr-N E Mr. i Page 335 complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. 15.9 Subcontractors. Tenant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Tenant shall ensure that Landlord is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13. 15.10 Casualty Insurance. During construction and thereafter during the remainder of the Term, Tenant shall keep all buildings and improvements erected or caused to be erected, at any time, by Tenant on the Premises insured to one hundred percent (100%) of their full replacement value, for the benefit of Landlord and Tenant and the holder of any Leasehold Mortgage, as their respective interests may appear, against loss or damage covered by a standard all risk insurance policy, in a minimum amount necessary to avoid the effect of co-insurance provisions of the applicable policies. All proceeds payable at any time and from time to time by any insurance company under such policies shall be payable to such Leasehold Mortgagee, as the Leasehold Mortgage or other loan documents pertaining to the Leasehold Mortgage ("Loan Documents") may provide, or, if none, to Tenant. If any such proceeds are paid to such Leasehold Mortgagee, Tenant shall be entitled to receive the full amount thereof in accordance with the terms of such Leasehold Mortgage or Loan Documents, and Landlord shall not be entitled to, and shall have no interest in, such -proceeds or any part thereof. Any proceeds paid directly to Tenant shall be retained by Tenant and Landlord shall not be entitled to, and shall have no interest in, such proceeds or any part thereof. Landlord shall, at Tenant's cost and expense, cooperate fully with Tenant in order to obtain the largest possible recovery and execute any and all consents and other instruments and take all other actions necessary or desirable in order to effectuate the same and to cause such proceeds to be paid as hereinbefore provided, and Landlord shall not carry any insurance concurrent in coverage and contributing in the event of loss with any insurance required to be furnished by Tenant hereunder if the effect of such separate insurance would be to reduce the protection or the payment to be made under Tenant's insurance. After completing construction, Tenant shall continue to maintain the insurance required in Section 15.1 for General Liability, Automobile Liability, Workers' Compensation, and, if applicable, Profession Liability insurance in accordance with the requirements described above. As to any insurance policies to be maintained by Tenant, certificates thereof shall be delivered to Landlord prior to the date that the insurance coverage must commence, and each insurer shall be a good and solvent insurance company licensed to do business the State of California, selected by Tenant. Any insurance to be provided by Tenant may be in the form of a blanket insurance policy or policies so long as the coverage of the Premises thereunder is at all times in the amounts and of the types required by this Section 15. 16. Assignment or Subletting. 16.1 Landlord's Consent. Subject to Section 16.2 below, Tenant shall not assign this Lease or sublet the Premises (collectively, "Transfer") without the prior written consent of Landlord, in Landlord's sole and absolute discretion. Not less than thirty (30) days before the proposed effective date of any Transfer, Tenant shall provide Landlord with a written notice setting forth the reasonable details of such Transfer. Landlord shall notify Tenant whether the proposed -17- 11231-000112 l 782180.doc Page 336 Transfer is approved or rejected not later than thirty (30) days after receipt of written notice thereof from Tenant (but if Landlord fails to notify Tenant within such 30 -day period, then such failure shall be deemed Landlord's rejection). 16.2 No_Assi nom. The following events shall not be considered a Transfer under Section 16.I above and shall not require Landlord's consent provided that Landlord is given prior written notice and a written assumption agreement executed by the assignee, assuming the obligations of,the Tenant under this Lease: (a) assignment to the then -owner of the Center (but only if Tenant has provided reasonable evidence of such ownership to Landlord, such as a current title report for the Center); (b) an assignment to an entity that controls, is controlled by, or is under common control with Tenant and/or with the then -owner of the Center, but only if Tenant has provided to Landlord reasonable evidence of such control (such as relevant organizational documents); (c) a collateral assignment of Tenant's interest in this Lease to a Leasehold Mortgagee. However, none of the foregoing transactions or combinations thereof shall relieve Tenant of liability under this Lease, and Tenant shall remain liable to Landlord for the performance of all covenants and conditions of this Lease applicable to Tenant during that Tenant's period of tenancy prior to the assignment. Tenant may from time to time contract with a parking operations company to conduct the public parking operation on some or all of the Improvements in accordance with the terms of this Lease. 17. Quiet Possession. Provided Tenant is not in default hereunder after any applicable default notice and any cure period under this Lease applicable to such default has expired, then Tenant shall have quiet possession of the Premises during the Term. 18. Default. 18.1 Default by Tenant. 18.1.1 A "Tenant Default" shall exist if. (i) Tenant shall not have paid any amount payable by Tenant pursuant to this Lease within thirty (30) days following delivery to Tenant of a written notice from Landlord stating that such payment was not timely made (a "Monetary Default"); (ii) Tenant shall not have performed any of the other covenants, terms, conditions or provisions of this Lease within sixty (60) days after delivery to Tenant of written notice specifying such failure; provided, however, that with respect to those failures that cannot with due diligence be cured within such sixty (60) day period, Tenant shall not be deemed to be in default hereunder if Tenant commences to cure such default within such sixty (60) day period and thereafter diligently continues the curing of such default. 18.1.2 If a Tenant Default occurs, then Landlord shall have the right to: (i) to terminate this Lease by written notice (which may be given by the City Manager); and/or (ii) cure Tenant's default in which case Tenant shall reimburse Landlord for the costs of cure within ten (10) business days after written notice from Landlord with evidence of the costs. In no event shall anything in this Section 18 affect any right of Landlord to obtain injunctive relief for any Tenant default. 18.2 Default by Landlord. Landlord shall not be in default under this Lease unless Landlord fails to perform or observe any of its obligations under this Lease, within thirty (30) days -18- 1123 1 -000 1 \21782180.doc Page 337 (or such additional time, if any, reasonably necessary to cure the failure) after written notice from Tenant specifying the failure ("Landlord Default"). 18.3 No Waiver. It is understood and agreed that exercise of any right or remedy shall not be deemed a waiver of or to alter, affect, or prejudice any right or remedy under this Lease or at law or in equity. Nor acts or omissions at any time or times after the happening of any event authorizing the cancellation or termination of this Lease, or other remedy, shall operate as a waiver of any past or future violation, breach, or failure to keep or perform any covenant, agreement, term, or condition of this Lease or to deprive a party of its right to cancel or terminate this Lease, or pursue other available remedies at any time that cause for cancellation or termination may exist, or be construed so as at any time to stop a party from promptly exercising any other option, right, or remedy that it may have under any term or provision of this Lease, at law, or in equity. 19. Landlord's Right of Ent[y. Landlord and its agents may enter upon the Premises for purposes of inspection of the Premises, exhibit the Premises to prospective purchasers, and show the Premises to prospective tenants during the last six (6) years of the Term. 20. Estoppel Certificates. Landlord and Tenant at any time upon thirty (30) days' prior written notice from the other, will execute, acknowledge and deliver to the other for the benefit of the other and any mortgagee or purchaser, or proposed mortgagee or proposed purchaser, or any other person, firm or entity specified in such notice, a certificate, in recordable form, certifying (a) that this Lease is unmodified and in full force and effect (or, if there have been amendments, that this Lease is in full force, as amended); (b) as to whether this Lease is in full force and effect (and, if it is alleged that this Lease is not in full force and effect, specifying the reasons therefor); (c) that there are no existing defaults or condition that with the giving of notice or passage of time would constitute a default, no existing offsets and no existing defenses known to that Party, or if there are any, specifying the same in detail; (d) the dates, if any, to which the Base Rent or other monetary charges due under this Lease have been paid in advance; (e) as to the commencement and expiration dates of the Term and the number of outstanding options to extend the Term; (0 as to whether or not all work required to be performed by Tenant with respect to the construction and development of any improvement(s) on the Premises has been performed in accordance with the terms of this Lease; and (g) as to such other matters as reasonably may be requested. Any such certificate may be relied upon by the Party requesting it and such mortgagee, purchaser, proposed mortgagee, proposed purchaser, or any other person, firm or entity specified in such notice from the requesting Party, and the contents of such certificate shall be binding on the party executing same. 21. No Partnership. This Lease shall not be construed to create a partnership. Landlord has not in any way or for any purpose become a partner of, or joint venturer with, Tenant in the conduct of its business, or the operation by Tenant of the Premises. 22. [RESERVED] 23. Indemnification and Defense. Tenant shall indemnify, defend (with counsel selected by Landlord) and hold Landlord and the Landlord Parties from and against all claims, liabilities, losses, damages, costs and expenses resulting from any act or acts or omission or omissions of Tenant, or Tenant's officers, agents, employees and contractors occurring on, near or with respect -19- 11231-000112178218x3, doc Page 338 to the Premises, provided that the terms of the foregoing indemnity shall not apply to the extent of the negligence or willful misconduct of Landlord. 24. Miscellaneous. 24.1 Successors and Assigns. Subject to Section 16 above, this Lease shall inure to the benefit of and be binding upon the Parties hereto and their successors and assigns. 24.2 Notices. All written notices or demands required to be given pursuant to the terms hereof shall be given or served by mailing the same by certified mail, return receipt requested, or by overnight nationally -recognized courier service provided a receipt is required, at its address set forth below, or at such other address as either Party may from time to time designate by notice given to the other. Notices shall be deemed delivered or refused on the date of delivery or refusal of acceptance shown on the return receipt or the messenger's receipt, as applicable. To Landlord: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Attn: City Manager To Tenant: Rancho Mall NE, LLC C/o QIC 222 N. Sepulveda Blvd., Suite 2350, El Segundo, CA 90245, USA Attn: Brenton Watson 24.3 Time. Time is of the essence of every provision contained in this Lease in which time is a factor. 24.4 Attorneys' Fees. In the event any dispute between the Parties hereto should result in arbitration or litigation, or if any action at law or in equity is taken to enforce or interpret the terms and conditions of this Lease, the prevailing Party shall (in addition to any other relief to which that Party may be entitled) be reimbursed for all reasonable costs and expenses incurred in connection with such arbitration or litigation, including, without limitation, reasonable attorneys' fees, accountants' fees and experts' fees. The "prevailing Party" shall be determined by the arbitrator or the court, as applicable, and may include without limitation any Party against whom a cause of action, complaint, cross-complaint, counter -claim, cross-claim or third party complaint is voluntarily dismissed, with or without prejudice. 24.5 Governing Law. This Lease shall be construed and interpreted in accordance with and shall be governed and enforced in all respects according to the laws of the State of California, without regard to conflicts of laws principles. 24.6 Consent to Jurisdiction and Service of Process. All judicial proceedings brought against any Party hereto arising out of or relating to this Lease may be brought in any state or federal court of competent jurisdiction in the County of San Bernardino, State of California, and by execution and delivery of this Lease each Party accepts for itself and in connection with its properties, generally and unconditionally, the exclusive jurisdiction of the aforesaid courts, waives -20- 11231 -00W21782180.doc Page 339 any defense of forum non conveniens and irrevocably agrees to be bound by any judgment rendered thereby in connection with this Lease. Each Party hereby agrees that service of all process in any such proceeding in any such court maybe made -by registered or certified mail, return receipt requested, to any other Party at its address, for notices, such service being hereby acknowledged by each Party to be sufficient for personal jurisdiction in any action against said Party in any such court and to be otherwise effective and binding service in every respect. Nothing herein shall affect the right to serve process in any other manner permitted by law. 24.7 Counterparts. This Lease may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. 24.8 Severability. If any one or more of the provisions contained in this: Lease shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Lease shall be construed as if such invalid, illegal, or unenforceable term or provision had never been contained herein. 24.9 Further Assurances. Each Party shall cooperate with the other and shall. execute such other documents as may be reasonably necessary to carry out the provisions of this Lease. 24.10 No Waiver. Any waiver, consent or approval by either Party of any breach, default or event of default .of any provision, condition or covenant of this Lease must be in writing and shall be. effective only to the extent set forth in writing. No waiver of any breach, default or event of default shall be deemed a waiver of any later breach, default or event of default of the same or any other provision of this Lease. Any failure or delay on the part of either Party in exercising any power, right or privilege under this Lease shall not operate as a waiver thereof, nor shall any.single or partial exercise of any such power, right or privilege preclude any further exercise .thereof. 24.11 Entire Agreement. This Lease contains the entire agreement between Landlord and Tenant regarding the Premises and any agreement hereafter made shall be ineffective to modify this Lease in whole or in part unless such agreement is embodied in an amendment to this Lease which has been signed by both Parties. This Lease supersedes all prior negotiations, understandings, representations and agreements. .24.12 Termination; Holdover.. This Lease shall terminate without further notice at the expiration of the Term. Any holding over by Tenant after expiration shall not constitute a renewal or extension or give Tenant any rights in or to the Premises. 24.13 Memorandum of Lease. Landlord and Tenant shall promptly execute, cause to be duly acknowledged, and record, at Landlord's expense, a Memorandum of Lease in the form attached hereto as Exhibit "C". 24.14 Force `Maieure. In the event that Landlord or Tenant shall be delayed, hindered in or prevented from the. performance of any act required hereunder (except for the payment of amounts due by Tenant to Landlord hereunder, which shall be payable when due without delay in all cases) by reason of strike, lock -out, labor trouble, inability to procure labor or materials, failure of power, restrictive governmental laws or regulations, court order, -riot, insurrection, the act, failure to act or default -of the other Party (except that delays by Landlord in its governmental capacity as the issuer of permits shall not be a Force Majeure Event except to the extent they -21- 1 123 1-000 1 V21782180.doc Page 340 exceed reasonable delays under the circumstances for Landlord acting in such governmental capacity), so-called "act of God", act of a public enemy, injunction, arson, fire, lockout, war, terrorist attack, requisition or. other reason beyond a Party's control (each, a "Force Majeure Event"), then performance of such act shall be excused for the period of the delay and the period for the performance -of any such act shall be extended for a period equivalent to the period of such delay. 24.15 Waiver of Landlord's Lien. Landlord hereby waives any right it may have to distrain trade fixtures, buildings, tenant improvements or any property of Tenant and any landlord's lien or similar lien upon trade fixtures, buildings, tenant improvements or any other property of Tenant, regardless of whether such lien is created otherwise. 24.16 No Waiver of Governmental Powers. Landlord is entering into this Lease in its proprietary capacity and nothing in this Lease shall waive or diminish Landlord's rights, powers and obligations in its governmental capacity. 24.17 Authority of City Manager. The City Manager of Landlord shall have the authority to give consents, approvals and disapprovals on behalf of Landlord hereunder, and to enter into non -substantial amendments of this Lease on behalf of Landlord;rop vided that in each case they are express and in writing. IN WITNESS WHEREOF, the Parties have executed this Lease as the date first above written. LANDLORD: CITY OF RANCHO CUCAMONGA, a California municipal corporation By: Print Name: Attest: Janice Reynolds, City Clerk Approved as to Form: Bruce Galloway of :Richards, Watson & Gershon, Counsel toLandlord 1 1231-0001\217821 gvldoc TENANT: RANCHO MALL NE, LLC, a Delaware limited liability company By: Victoria Gardens Member, LLC, a Delaware limited liability company, sole member -22- By: Victoria Gardens REIT, Inc., a Delaware corporatio Managing By: Print Nam0&hn G Title: J ce. _ Qra%, A Page 341 EXHIBIT "A" DESCRIPTION OF PREMISES Parcel 1 in the City of Rancho Cucamonga, County of Los Angeles, State of California, as shown on Parcel Map No. 19963 filed under Document No. [INSERT DOCUMENT NUMBER] on [INSERT RECORDING DATE] in Book [INSERT], pages [INSERT] of Parcel Maps in the office of the County Recorder of San Bernardino County. A-1 11231-000112178218vldoc Page 342 EXHIBIT "B" DESCRIPTION OF IMPROVEMENTS SURFACE PARKING IMPROVEMENTS Surface parking area, with adequate lighting, landscaping and signage containing at least 450 marked parking spaces, including at least one double -head 240v charging station similar to those at the Center (or parking areas serving the Center). PARKING DECK IMPROVEMENTS A two-level parking facility with adequate lighting, landscaping and signage consisting of ground level parking (which may be the Surface Parking Improvements or a modified ground level plan) and a one -level deck accessed by one or more ramps. There is no minimum or maximum to the number of spaces in the Parking Deck Improvements, provided that the Surface Parking Improvements and the Parking Deck Improvements in combination must provide no fewer than 450 spaces. The Parking Deck Improvements shall include at least one double -head 240v charging station similar to those at the Center (or parking areas serving the Center). CONCEPTUAL PLANS The next page contains a concept plan for the Surface Parking Improvements, and the page after that contains a concept plan for the Parking Deck Improvements. PEDESTRIAN CROSSING IMPROVEMENTS Concurrent with construction of the surface parking lot or parking structure, whichever occurs first, Tenant shall construct improvements to the pedestrian crossings located at: Arbor Lane and Gatsby Drive; Arbor Lane and Civic Center Drive, and Civic Center Drive and Kew Avenue. Improvements shall include the following: • Remove existing in -roadway warning lights at Arbor Lane and Gatsby Drive (including pavement repair) and install pedestrian actuated -overhead flashing beacons. • Verify that illumination levels for all crosswalks meet or exceed the requirements of the California Department of Transportation Traffic Manual, Section 9-10.3 and upgrade lighting as necessary. • InstaIl ladder -style crosswalk markings with advanced limit lines (STOP controlled crossing) or yield lines (uncontrolled crossing) for all crosswalks at each of the pedestrian crossing locations. • Install new STOP and pedestrian warning signs with flashing LED borders as specified by the California MUTCD. Warning sign LED borders to be activated concurrent with the pedestrian actuated overhead flashing beacons. Modifications to specified traffic control devices as required by changes to State and Federal requirements and final design to be to the satisfaction of the City Engineer. M. 11231-0001121782180,doc Page 343 N 24 WALL 100 OF MS W Sl WF j36 IT IT IT 1T IT �w j12 'n j 2- j W '.•. j 32{il 31 3m 29 27 __29 24 _ 22_ 2Q Q 1E POLICE li F 4 ! SUBSTATION s 6,300 S.F. 7 y� 3S i `----- —..—.—.-------•-------------•-----------._---- CULTURAL CENTER DRIVE (PRIVATE) 0 SURFACE PARKING @ N.E. LOT VICTORIA GARDENS $ANCNUCUCAMONGA BLDG. 6000 Page 344 LEGEND - — - SITE PROPERTY LINE (2) 11O—Y OUTLETS (2) use OUTL.EES eurzo.zo,a `DLR Group S � , ex waioe; m Q� 1 IT IT I I I T 11 IT Il +Z o !IT -gg is i s re�eK � POLICE — 3 SUBSTATION 16,300 S.F. ,17,.—:1�6----------------------------- CULTURAL CENTER DRIVE (PRIVATE) PARKING STRUCTURE @ N.E. LOT VICTORIA GARDENS AANCROCUCAMONGA Page 345 LEGEND - — - SITE PROPERTY UNE (2) 110-V OUTLETS (2) use OUTLETS PARKING STRUCTURE/RAMP `DLR Group may za ro:e EXHIBIT "C" FORM OF MEMORANDUM OF LEASE (Attached.) C-1 1 l 231-000112178218v3.doc Page 346 RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Attn: City Clerk APN(s): SPACE ABOVE THIS LINE FOR RE The undersigned Landlord declares that this Memorandum of Lease is exempt from Recording Fees pursuant to California Government Code Section 27383. MEMORANDUM OF LEASE THIS MEMORANDUM OF LEASE (this "Memorandum") is dated as of , 2018 and is entered into by and between the CITY OF RANCHO CUCAMONGA, a municipal corporation ("Landlord') and RANCHO MALL NE, LLC, a Delaware limited liability company ("Tenant"). RECITALS A. Landlord and Tenant executed that certain Ground Lease Agreement dated _ 2018 (the "Lease") affecting the land described on Exhibit "A" in the City of Rancho Cucamonga, California (the "Property"). B. Landlord and Tenant now desire to record this Memorandum in order to, among other things, comply with law requiring that municipal leases be recorded, give constructive notice of the existence of the Lease, and permit the Tenant to obtain title insurance. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, and the covenants and conditions contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant hereby agree as follows: 1. Ground Lease. Landlord has leased the Property to Tenant, and Tenant has leased the Property from Landlord, upon and subject to the terms and conditions set forth in the Lease. The Lease is hereby incorporated herein by this reference. 2. Term. The term of the Lease commences on , 2018 and expires 55 years thereafter. IN WITNESS WHEREOF, Landlord and Tenant have executed this Memorandum as of the date and year first above written. C-2 11231-000112178218v3.doe Page 347 LANDLORD: CITY OF RANCHO CUCAMONGA, a municipal corporation By: Print Name: Title: TENANT: RANCHO MALL NE, LLC, a Delaware limited liability company By: Victoria Gardens Member, LLC, a Delaware limited liability company, sole member C-3 11231 -000 1\21782180,do c By: Victoria Gardens REIT, Inc., a Delaware corporation, Managing Member By: Print Name: Title: Page 348 EXHIBIT "A" TO MEMORANDUM OF LEASE DESCRIPTION OF LAND Parcel 1 in the City of Rancho Cucamonga, County of Los Angeles, State.of California, as shown on Parcel Map No. 19963 filed under Document No. [INSERT DOCUMENT NUMBER] on [INSERT RECORDING DATE] in Book [INSERT], pages [INSERT] of Parcel Maps in the office of the County Recorder of San Bernardino County. G-4 11231-000112178218vldoc Page 349 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On , before me, (insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. S ignature (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On , before me, (insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the salve in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) C-5 11231 -000 1 U 17821 80.doc Page 350 VGMP Is available for review in the City Clerk's Office Rancho Cucamonga City Hall 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Victoria Gardens Master Plan Amendment DRC2017-00971 June 20, 2018 City Council Staff Report Attachment 7 Page 351 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT DRC2017-00969 TO AMEND TABLE LU -2 (VICTORIA GARDENS/VICTORIA ARBORS LAND USE MIX) TO RELOCATE THE DEVELOPMENT POTENTIAL OF 95 DWELLING UNITS FROM THE RESIDENTIAL AREA TO THE MAIN STREET AREA IN THE VICTORIA GARDENS MALL A. Recitals. 1. The City of Rancho Cucamonga, Rancho Mall, LLC, and Rancho Mall NE, LLC (collectively, the "Applicants") jointly filed an application for General Plan Amendment DRC2017- 00969 as described in the title of this Resolution. Hereinafter in this Resolution, the subject General Plan Amendment is referred to as the "Application." 2. On May 9, 2018, the Planning Commission conducted a duly noticed public hearing on the Application and recommended approval of the Application by adoption of Resolution No. 18-22 and concluded said hearing on that date. 3. On June 20, 2018, the City Council conducted a duly noticed public hearing on the Application and concluded said hearing on that date. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to the City Council during the above -referenced public hearing on June 20, 2018, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The Application addresses the location of residential development within a planning area of the City known as Victoria Gardens, which is governed by the Victoria Gardens Master Plan, the Victoria Arbors Master Plan, the Victoria Community Plan, the City's General Plan, and a development agreement between the City and the Applicants. b. The property to the north of Victoria Gardens is designated Mixed Use, and is partially developed with a winery and single-family residential development. The property to the west is designated Mixed Use, and is developed with multi -family residential units. The 1-15 Freeway lies immediately to the east with the land further east designated Low -Medium Residential and Medium Residential within the Etiwanda Specific Plan, and Regional Related Commercial. The Main Street Area and Route 66 of the Victoria Gardens Mall is directly south Resolution No. 18-*** - Page 1 of 5 Page 352 CITY COUNCIL RESOLUTION NO. **** GENERAL PLAN AMENDMENT DRC2017-00969 — CITY OF RANCHO CUCAMONGA June 20, 2018 Page 2 of the parcel and Foothill Boulevard lies further to the south, beyond which the land is developed with commercial uses and designated Regional Related Office/Commercial. C. The General Plan Land Use designation of Victoria Gardens is Mixed Use and the properties surrounding Victoria Gardens are Mixed Use and south of Foothill Boulevard is General Commercial. d. Table LU -2 of the General Plan sets forth the land use mix and density within Victoria Gardens. The Application amends the maximum density within Victoria Gardens' Residential and Residential/Mixed Use Main Street areas. Specifically, the Application would reduce the maximum number of dwelling units within the Residential area by 95 units and would increase the maximum number of dwelling units within the Main Street area by 95 units. If the Application is approved, the new total number of dwelling units allowed within the Residential area would be 987 units and within the Residential/Mixed Use Main Street area would be 385 units. e. On February 20, 2002 and in accordance with the California Environmental Quality Act ("CEQA"), the City certified Environmental Impact Report SCH No. 2001031028 (EIR), which analyzed the potential environmental impacts of the Victoria Gardens Master Plan. As the Lead Agency, the City considered the information in the EIR before approving the Victoria Gardens Master Plan. At that time, the City Council also adopted a Statement of Facts and Findings and Overriding Considerations for the Victoria Gardens Master Plan. The Statement found that the economic, social, or other benefits of the Victoria Gardens Master Plan outweighed the significant and unavoidable impacts identified in the EIR. f. On May 6, 2009 and in accordance with CEQA, the City certified Final Supplemental Environmental Impact Report SCH No. 2001031028 (SEIR), which analyzed the potential environmental impacts of certain amendments to the Victoria Gardens Master Plan and related amendments to the General Plan, Victoria Community Plan, and Victoria Arbors Master Plan and the third amendment to the development agreement to allow the development of residential uses in the Main Street Area, increase the average height in the Main Street Area to 120 feet, with a maximum of 160 feet, amend the building setback requirements for the Main Street Area, and clarify permitted and conditionally permitted uses within the Victoria Gardens Master Plan area. At that time, the City Council also adopted a Statement of Facts and Findings and Overriding Considerations for the project as the economic, social, or other benefits of the project outweighed the significant and unavoidable impacts identified in the SEIR. g. Concurrent with this Application, the Applicants also applied for Victoria Gardens Master Plan Amendment DRC2017-00971, Development Agreement Amendment DRC2017-000970 (DA01-02) and Tentative Parcel Map SUBTPM19963. The purpose of these other applications is to rezone the vacant 5.33 -acre parcel (APN: 109053106) from Residential to Civic/Parking Area and modifying various language in the Victoria Gardens Master Plan to allow the future development of a public parking lot/structure and police substation on the parcel; and to facilitate this Application's consistency with the Victoria Gardens Master Plan by reallocating 95 dwelling units between the Residential and Main Street areas; incorporate the General Plan Amendment and Victoria Gardens Amendment into the vested rights applicable to the Victoria Gardens Mall and facilitate the timing and Resolution No. 18-*** - Page 2 of 5 Page 353 CITY COUNCIL RESOLUTION NO. **** GENERAL PLAN AMENDMENT DRC2017-00969 — CITY OF RANCHO CUCAMONGA June 20, 2018 Page 3 development of the public safety facility in the project, and to subdivide the 5.33 -acre lot into 2 parcels, with one parcel consisting of approximately 1 -acre for a future public safety facility and the other parcel of approximately 4.33 -acres for a future parking lot and/or parking structure. Collectively, these approvals are referred to herein as the "Project." 3. Based upon the substantial evidence presented to the City Council during the above -referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, the City Council hereby finds and concludes as follows: a. The Application is consistent with the objectives, policies, and general land uses specified in the General Plan and Development Code. The Application would reduce the maximum number of residential dwelling units in the Residential Land Use Area by 95 units and increase the number in the Main Street Land Use Area by 95 units. The overall number of units within Victoria Gardens will not change and residential units will remain permitted uses within the Main Street Land Use Area. Therefore, it is consistent with the objectives and policies and is intended to allow for more flexibility in the future buildout of the residential units. b. The Application will further the goals of the General Plan as the Mixed -Use designation recognizes the need for more sustainable development that offers opportunities for people to live close to work, play and be near transit stops. The Application anticipates the future development of residential units within the mall and proposes to shift the location within the Main Street Land Use Area. 4. Based upon the facts and information contained in the Application, together with all written and oral reports included for the environmental assessment for the Application, the City Council finds that an addendum is required pursuant to the CEQA in connection with the review and approval of this Application based upon the following findings and determinations: a. Under CEQA Guidelines Section 15162, when an EIR has been previously certified for a project, a lead agency must prepare a subsequent EIR if (1) substantial changes are proposed to the project that will require major revision of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted. b. Under CEQA Guidelines Section 15164, the City may prepare an addendum to an EIR in lieu of a subsequent EIR if the changes to the projector the circumstances under which the project would be undertaken don't meet the conditions described in Section 15162 that require preparation of a subsequent EIR to make the EIR adequately apply to the proposed project. C. Based on the evaluation of potential environmental impacts of the Project an addendum was prepared. The Addendum analyzed the Project against the original project, as Resolution No. 18-*** - Page 3 of 5 Page 354 CITY COUNCIL RESOLUTION NO. **** GENERAL PLAN AMENDMENT DRC2017-00969 — CITY OF RANCHO CUCAMONGA June 20, 2018 Page 4 approved in 2002 and 2009 and reviewed under the EIR and SEIR, and determined that because the Project shifted uses anticipated within the Mall and that were previously identified and approved as part of the Victoria Gardens Master Plan, the impacts generated by the Project created no new impacts and were no more significant than the original project. Additionally, key topics such as Noise, Traffic and Circulation and Cultural Impacts were further analyzed to ensure that no new impacts were generated as a result of recirculating traffic within Victoria Gardens due to the development of parking on the Subject Property. d. Based on the totality of the administrative record, the City Council finds in connection with the Application, that substantial changes to the original project or the circumstances surrounding the original project have not occurred which would create new or more severe impacts than those evaluated in the previously certified EIR and SEIR, that no new information has come to light that was known or could have been known at the time the EIR and SIER were adopted, and that the Addendum to the EIR and SEIR complies with the requirements of CEQA. The City Council hereby adopts the Addendum and finds that it was prepared in compliance with CEQA. The purpose of the Application is to among other things amend the General Plan to reduce the maximum number of dwelling units within the Residential area by 95 units and would increase the maximum number of dwelling units within the Main Street area by 95 units. e. The City Council further finds that the Addendum to the EIR and SEIR is in compliance with CEQA as the Project will not have more significant effects than discussed in the previously certified EIR and SEIR for the original project, not have more severe effects than previously analyzed for the original project, and that additional or different mitigation measures are not required to reduce the impacts of the proposed project to a level of less than significant. The custodian of records for the Addendum, Final EIR and Final SEIR and all other materials which constitute the record of proceedings upon which the City Council's decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. On the basis of the foregoing and the totality of the administrative record before it, the City Council hereby adopts the Addendum to the EIR and SEIR and approves the General Plan Amendment as shown in Exhibit 1. The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 20TH DAY OF JUNE 2018. CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA Resolution No. 18-*** - Page 4 of 5 Page 355 CITY COUNCIL RESOLUTION NO. **** GENERAL PLAN AMENDMENT DRC2017-00969 — CITY OF RANCHO CUCAMONGA June 20, 2018 Page 5 Exhibit 1 Amendment to the General Plan Table LU -2 of the General Plan is hereby amended to appear as follows: TABLE LU -2 VICTORIA GARDENS/VICTORIA ARBORS LAND USE MIX 1. The acreage in this category also includes land for local park and school purposes. 2. Indicates target density, not a range. Actual density may increase up to 20 du/ac as long as the total of 1,082 dwelling units is not exceeded. 3. Indicates target dwelling units based on historic city experience where development occurs midway between 50 and 75% of the range. Resolution No. 18-*** - Page 5 of 5 Page 356 Estimated • Acreage Range "Most Case" Percent • Density (du/acre) Acres/Dwelling Land Use Range • Dwelling Unit Range Units du Commercial — retail, service 20%-40% 99-209 acres 220 acres commercial, office, tourist commercial Public/Quasi Public — 5%-12% 26-61 acres 40 acres performing arts center, trails, landscape/hardscape, public -spaces Civic/Parking Area 5.33 Acres 5.33 acres (new) Residential 15%-29% 77-148 acres @ 93 acres @ 14 du/acre2 14 du/acrez 788 to 1,757 du 987 du Residential/Mixed Use 0%-5% 5-21 acres@ 5 acres Main Street Area 14-100du/acre 100 du/acre 385 du 385 du Residential — Low Medium 6% 32 acres 32 acres @ 4-8 du/acre 8 du/acre 128 to 256 du 208 dui Total Residential' 21%-36% 112-206 acres 130 acres 1,206 to 2,398 du 1580 du ROW — collector/local roads 20%-25% 102-128 acres 115 acres TOTALS 100% 510 acres 510 acres 1. The acreage in this category also includes land for local park and school purposes. 2. Indicates target density, not a range. Actual density may increase up to 20 du/ac as long as the total of 1,082 dwelling units is not exceeded. 3. Indicates target dwelling units based on historic city experience where development occurs midway between 50 and 75% of the range. Resolution No. 18-*** - Page 5 of 5 Page 356 RESOLUTION NO. **** A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA GARDENS MASTER PLAN AMENDMENT DRC2017-00971 TO REZONE A VACANT 5.33 -ACRE PARCEL (APN: 109053106) FROM RESIDENTIAL TO CIVIC/PARKING AREA AND MODIFYING VARIOUS LANGUAGE IN THE MASTER PLAN TO ALLOW THE FUTURE DEVELOPMENT OF A PUBLIC PARKING LOT/STRUCTURE AND POLICE SUBSTATION ON THE PARCEL; AND TO REALLOCATE 95 DWELLING UNITS FROM THIS PARCEL TO THE MAIN STREET AREA FOR THE DEVELOPMENT OF VICTORIA GARDENS, GENERALLY BOUNDED BY CHURCH STREET TO THE NORTH, FOOTHILL BOULEVARD TO THE SOUTH, I-15 TO THE EAST, AND DAY CREEK BOULEVARD TO THE WEST. A. Recitals. 1. The City of Rancho Cucamonga, Rancho Mall, LLC, and Rancho Mall NE, LLC (collectively, "Applicant") jointly filed an application for Master Plan Amendment DRC2017-00970 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Master Plan Amendment, is referred to as the "Application." 2. On May 9, 2018, the Planning Commission conducted a duly noticed public hearing on the Application and recommended approval of the Application by adoption of Resolution No. 18- 23 and concluded said hearing on that date. 3. On June 20, 2018, the City Council conducted a duly noticed public hearing on the Application and concluded said hearing on that date. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to the City Council during the above - referenced public hearing on June 20, 2018, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The Application applies to the approximately 174 -acre Victoria Gardens site ("Victoria Gardens"). The Application's primary provisions apply to a 5.33 -acre parcel within Victoria Gardens that was previously approved for a 95 -unit condominium development that is mostly vacant Resolution No. 18-*** - Page 1 of 5 Page 357 CITY COUNCIL RESOLUTION NO. **** VICTORIA GARDENS MASTER PLAN AMENDMENT DRC2017-00971 — CITY OF RANCHO CUCAMONGA June 20, 2018 Page 2 with minimal infrastructure improvements located generally north of the Victoria Gardens Cultural Center on the north-east corner or Arbor Drive and Cultural Center Drive within the Victoria Gardens Mall ("Subject Property"). b. Development of Victoria Gardens and the Subject Property is governed by the Victoria Gardens Master Plan, the Victoria Arbors Master Plan, the Victoria Community Plan, the City's General Plan, and the Development Agreement between the City and Owner's predecessor in interest. C. The property to the north of the Subject Property is designated Mixed Use, and is partially developed with a winery and single-family residential development. The property to the west of the Subject Property is designated Mixed Use, and is developed with multi -family residential units. The Bass Pro Shop and the 1-15 Freeway lie immediately to the east of the Subject Property with the land further east designated Low -Medium Residential and Medium Residential within the Etiwanda Specific Plan, and Regional Related Commercial. The Main Street and Route 66 Areas of the Victoria Gardens Mall are directly south of the Subject Property, and Foothill Boulevard lies further to the south, beyond which the land is developed with commercial uses and is designated Regional Related Office/Commercial. d. On February 20, 2002 and in accordance with the California Environmental Quality Act ("CEQA"), the City certified Environmental Impact Report SCH No. 2001031028 (EIR), which analyzed the potential environmental impacts of the Victoria Gardens Master Plan and related approvals. As the Lead Agency, the City considered the information in the EIR before approving the Victoria Gardens Master Plan. At that time, the City Council also adopted a Statement of Facts and Findings and Overriding Considerations for the Victoria Gardens Master Plan. The Statement of Overriding Considerations found that the economic, social, or other benefits of the Victoria Gardens Master Plan outweighed the significant and unavoidable impacts identified in the EIR. e. Also in 2002, the City entered into Development Agreement 01-02 with Victoria Gardens -C, LLC for the Victoria Gardens Regional Center. The Development Agreement has since been amended three times by mutual agreement of the parties. Rancho Mall, LLC and Rancho Mall NE, LLC are transferees of portions of Victoria Gardens -C, LLC's interest in Victoria Gardens. f. On May 6, 2009 and in accordance with the California Environmental Quality Act (CEQA), the City certified Final Supplemental Environmental Impact Report SCH No. 2001031028 (SEIR), which analyzed the potential environmental impacts of proposed amendments to the Victoria Gardens Master Plan and related amendments to the General Plan, Victoria Community Plan, and Victoria Arbors Master Plan and the third amendment to the Development Agreement to allow the development of residential uses in the Main Street Area, increase the average height in the Main Street Area to 120 feet, with a maximum of 160 feet, amend the building setback requirements for the Main Street Area, and clarify permitted and conditionally permitted uses within Victoria Gardens. At that time, the City Council also adopted a Statement of Facts and Findings and Overriding Considerations for the project as the economic, social, or other benefits outweighed the significant and unavoidable impacts identified in the SEIR. Resolution No. 18-*** - Page 2 of 5 Page 358 CITY COUNCIL RESOLUTION NO. **** VICTORIA GARDENS MASTER PLAN AMENDMENT DRC2017-00971 — CITY OF RANCHO CUCAMONGA June 20, 2018 Page 3 g. Concurrent with this Application, the Applicants also applied for General Plan Amendment DRC2017-00969, Development Agreement Amendment DRC2017-00970, and Tentative Parcel Map TPM 19963. The purpose of these other applications is to modify Table LU -2 of the General Plan (Victoria Gardens/Victoria Arbors Land Use Mix) to reduce the maximum number of residential units in the Victoria Gardens Master Plan's Residential Area by 95 units and to increase the maximum number of residential units in the Main Street Area by 95 units; incorporate the General Plan Amendment and VGMP Amendment into the Development Agreement and facilitate the timing and development of the public safety facility on the Subject Property; and to subdivide the Subject Property lot into 2 parcels, with one parcel consisting of approximately 1 acre for a future public safety facility and the other parcel of approximately 4.33 acres for a future parking lot and/or parking structure. Collectively, these approvals are referred to herein as the "Project." h. As shown in the Exhibit 1, the Application proposes to amend the Victoria Gardens Master Plan to rezone the Subject Property from Residential to Civic/Parking Area, modify various language in the VGMP to allow the future development of a public parking lot/structure and police substation on the Subject Property; and to reallocate 95 dwelling units from the Subject Propertyto the Main Street Area from the Residential Area. 3. Based upon the substantial evidence presented to the City Council during the above -referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, the City Council hereby finds and concludes as follows: a. The Application is consistent with the objectives, policies, and land uses specified in the General Plan and any applicable Specific Plans. The proposed Victoria Gardens Master Plan Amendment enables the continued construction of the Project within Victoria Gardens subject to the approval of the amendments to the General Plan, Development Agreement Amendment, and TPM (General Plan Amendment DRC2017-00969, Development Agreement Amendment DRC2017-00970, and Tentative Parcel Map TPM19963, respectively). b. The Application meets the requirements set forth in the Development Code. The proposed Victoria Gardens Master Plan Amendment enables the continued construction of the Project within Victoria Gardens through the comprehensive planning document that created a compatible blend of uses. 4. Based upon the facts and information contained in the Application, together with all written and oral reports included for the environmental assessment for the Application, the City Council finds that an addendum to the EIR and SEIR is required pursuant to the California Environmental Quality Act (CEQA) in connection with the review and approval of the Application based upon the following findings and determinations: a. Under CEQA Guidelines Section 15162, when an EIR has been previously certified for a project, a lead agency must prepare a subsequent EIR if (1) substantial changes are proposed to the project that will require major revision of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously Resolution No. 18-*** - Page 3 of 5 Page 359 CITY COUNCIL RESOLUTION NO. **** VICTORIA GARDENS MASTER PLAN AMENDMENT DRC2017-00971 — CITY OF RANCHO CUCAMONGA June 20, 2018 Page 4 identified significant effects; or (3) new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted. b. Under CEQA Guidelines Section 15164, the City may prepare an addendum to an EIR in lieu of a subsequent EIR if the changes to the project or the circumstances under which the project would be undertaken don't meet the conditions described in Section 15162 that require preparation of a subsequent EIR to make the EIR adequately apply to the proposed project. C. Based on the evaluation of potential environmental impacts of the Project an addendum was prepared. The Addendum analyzed the Project against the original project, as approved in 2002 and 2009 and reviewed under the EIR and SEIR, and determined that because the Project shifted uses anticipated within the Mall and that were previously identified and approved as part of the Victoria Gardens Master Plan, the impacts generated by the Project created no new impacts and were no more significant than the original project. Additionally, key topics such as Noise, Traffic and Circulation and Cultural Impacts were further analyzed to ensure that no new impacts were generated as a result of recirculating traffic within Victoria Gardens due to the development of parking on the Subject Property. d. Based on the totality of the administrative record, the City Council finds in connection with the Application, that substantial changes to the original project or the circumstances surrounding the original project have not occurred which would create new or more severe impacts than those evaluated in the previously certified EIR and SEIR, that no new information has come to light that was known or could have been known at the time the EIR and SIER were adopted, and that the addendum to the EIR and SEIR complies with the requirements of CEQA. The City Council hereby adopts the addendum and finds that it was prepared in compliance with CEQA. The purpose of the Application is to rezone the Subject Parcel to Civic/Parking Area and to modify various language in the VGMP to allow the future development of a public parking lot/structure and police substation on the parcel; and to reallocate 95 dwelling units from this parcel to the Main Street Area. e. The City Council further finds that the addendum to the EIR and SEIR is in compliance with CEQA as the Project will not have more significant effects than discussed in the previously certified EIR and SEIR for the original project, not have more severe effects than previously analyzed for the original project, and that additional or different mitigation measures are not required to reduce the impacts of the proposed project to a level of less than significant. 5. On the basis of the foregoing and the totality of the administrative record before it, the City Council adopts the Addendum to the EIR and SEIR and approves Victoria Gardens Master Plan Amendment DRC2017-00971 as shown in Exhibit 1. The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 20TH DAY OF JUNE 2018. CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA Resolution No. 18-*** - Page 4 of 5 Page 360 Exhibit 1 Victoria Gardens Master Plan Is available for review in the City Clerk's Office Rancho Cucamonga City Hall 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Victoria Gardens Master Plan Amendment DRC2017-00971 June 20, 2018 City Council Staff Report Page 361 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT 01- 02, BETWEEN THE CITY OF RANCHO CUCAMONGA, RANCHO MALL, LLC, AND RANCHO MALL NE, LLC, TO FACILITATE THE TIMING AND DEVELOPMENT OF A PUBLIC SAFETY FACILITY ON A VACANT 5.33 ACRE PARCEL (APN: 109053106) AND TO INCORPORATE GENERAL PLAN AMENDMENT DRC2017- 00969 AND VICTORIA GARDENS MASTER PLAN AMENDMENT DRC2017-00971 FOR THE DEVELOPMENT OF VICTORIA GARDENS, GENERALLY BOUNDED BY CHURCH STREET TO THE NORTH, FOOTHILL BOULEVARD TO THE SOUTH, 1-15 TO THE EAST, AND DAY CREEK BOULEVARD TO THE WEST. A. Recitals. 1. The City of Rancho Cucamonga, Rancho Mall, LLC, and Rancho Mall NE, LLC jointly filed an application for Development Agreement Amendment DRC2017-00970 as described in the title of this Ordinance. Hereinafter the subject Development Agreement Amendment is referred to as the "Application." Rancho Mall, LLC and Rancho Mall NE, LLC are successors in interest in all or portions of the property subject to the Development Agreement and are hereinafter referred to collectively as "Owner." The City and Owner are sometimes referred to herein collectively as "Applicant." 2. On May 9, 2018, the Planning Commission conducted a duly noticed public hearing on the Application and adopted Resolution No. 18-20 recommending approval of the Application. 3. On June 20, 2018, the City Council conducted a duly noticed public hearing on the Application and concluded said hearing on that date. 4. All legal prerequisites prior to the adoption of this Ordinance have occurred B. Ordinance. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2. Based upon the substantial evidence presented to the City Council during the above -referenced public hearing on June 20, 2018, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The Application applies to the approximately 174 -acre Victoria Gardens site ("Victoria Gardens"). The Application's primary provisions apply to a 5.33 -acre parcel within Victoria Gardens that was previously approved for a 95 -unit condominium development that is mostly vacant with minimal infrastructure improvements located generally north of the Victoria Gardens Cultural Center on the northeast corner or Arbor Drive and Cultural Center Drive within the Victoria Gardens Mall ("Subject Property"). Page 362 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2017-00970 — CITY OF RANCHO CUCAMONGA June 20, 2018 Page 2 b. Development of Victoria Gardens and the Subject Property is governed by the Victoria Gardens Master Plan, the Victoria Arbors Master Plan, the Victoria Community Plan, the City's General Plan, and the Development Agreement between the City and Owner's predecessor in interest. C. The property to the north of the Subject Property is designated Mixed Use, and is partially developed with a winery and single-family residential development. The property to the west of the Subject Property is designated Mixed Use, and is developed with multi -family residential units. The Bass Pro Shop and the 1-15 Freeway lie immediately to the east of the Subject Property with the land further east designated Low -Medium Residential and Medium Residential within the Etiwanda Specific Plan, and Regional Related Commercial. The Main Street and Route 66 Areas of the Victoria Gardens Mall are directly south of the Subject Property, and Foothill Boulevard lies further to the south, beyond which the land is developed with commercial uses and is designated Regional Related Office/Commercial. d. On February 20, 2002 and in accordance with the California Environmental Quality Act ("CEQA"), the City certified Environmental Impact Report SCH No. 2001031028 (EIR), which analyzed the potential environmental impacts of the Victoria Gardens Master Plan and related approvals. As the Lead Agency, the City considered the information in the EIR before approving the Victoria Gardens Master Plan. At that time, the City Council also adopted a Statement of Facts and Findings and Overriding Considerations for the Victoria Gardens Master Plan. The Statement of Overriding Considerations found that the economic, social, or other benefits of the Victoria Gardens Master Plan outweighed the significant and unavoidable impacts identified in the EIR. e. Also in 2002, the City entered into Development Agreement 01-02 with Victoria Gardens -C, LLC for the Victoria Gardens Regional Center. The Development Agreement has since been amended three times by mutual agreement of the parties. Rancho Mall, LLC and Rancho Mall NE, LLC are transferees of portions of Victoria Gardens -C, LLC's interest in Victoria Gardens. f. On May 6, 2009 and in accordance with the California Environmental Quality Act (CEQA), the City certified Final Supplemental Environmental Impact Report SCH No. 2001031028 (SEIR), which analyzed the potential environmental impacts of proposed amendments to the Victoria Gardens Master Plan and related amendments to the General Plan, Victoria Community Plan, and Victoria Arbors Master Plan and the third amendment to the Development Agreement to allow the development of residential uses in the Main Street Area, increase the average height in the Main Street Area to 120 feet, with a maximum of 160 feet, amend the building setback requirements for the Main Street Area, and clarify permitted and conditionally permitted uses within Victoria Gardens. At that time, the City Council also adopted a Statement of Facts and Findings and Overriding Considerations for the project as the economic, social, or other benefits outweighed the significant and unavoidable impacts identified in the SEIR. g. Concurrent with this Application, the Applicant has also applied for General Plan Amendment DRC2017-00969, Victoria Gardens Master Plan Amendment DRC2017- 00971, and Tentative Parcel Map TPM 19963. The purpose of these other applications is to Page 363 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2017-00970 — CITY OF RANCHO CUCAMONGA June 20, 2018 Page 3 modify Table LU -2 of the General Plan (Victoria Gardens/Victoria Arbors Land Use Mix) to reduce the maximum number of residential units in the Victoria Gardens Master Plan's Residential Area by 95 units and to increase the maximum number of residential units in the Main Street Area by 95 units; to rezone the Subject Property from Residential to Civic/Parking Area; to modify various language in the Victoria Gardens Master Plan to allow the future development of a public parking lot/structure and police substation on the Subject Property; and to subdivide the Subject Property lot into 2 parcels, with one parcel consisting of approximately 1 acre for a future public safety facility and the other parcel of approximately 4.33 acres for a future parking lot and/or parking structure. Collectively, these approvals are referred to herein as the "Project." h. As shown in the attached Exhibit 1, the Application proposes to amend Development Agreement DA01-02 to incorporate the related amendments to the General Plan and Victoria Gardens Master Plan, so that these amendments will become part of the "Project Approvals" and "Applicable Regulations" as those terms are defined in the Amended Development Agreement and thereby convey to the Owner a vested right to develop Victoria Gardens in accordance with these amendments. i. Per Section 17.22.060 of the Development Code, Development Agreements have been determined by the City Council to be beneficial to the public in that: Development Agreements increase the certainty in the approval of development projects, thereby preventing the waste of resources, reducing the cost of development to the consumer, and encouraging investment in and commitment to comprehensive planning, all leading to the maximum efficient utilization of resources at the least economic cost to the public. Development Agreements provide assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, thereby strengthening the public planning process, encouraging private participation in comprehensive planning, and reducing the economic costs of development. ■ Development Agreements enable the City to plan for and finance public facilities, including, but not limited to, streets, sewerage, transportation, drinking water, school, and utility facilities, thereby removing a serious impediment to the development of new housing." The proposed Development Agreement Amendment is being made and entered into for the Project to ensure that the above three goals are fulfilled. SECTION 3. Based upon the substantial evidence presented to the City Council during the above -referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, the City Council hereby finds and concludes as follows: Page 364 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2017-00970 – CITY OF RANCHO CUCAMONGA June 20, 2018 Page 4 a. The Application is consistent with the objectives, policies, and general land uses specified in the General Plan and any applicable Specific Plans. The proposed Development Agreement Amendment enables the continued construction of the overall project within the Victoria Gardens Mall subject to the approval of the amendments to the General Plan, VGMP, and TPM (General Plan Amendment DRC2017-00969, Victoria Gardens Master Plan Amendment DRC2017-00971, and Tentative Parcel Map TPM19963, respectively). b. The Application is compatible and in conformity with public convenience, general welfare, and good land use and zoning practice. The proposed Development Agreement Amendment will increase certainty and provide assurances for subsequent development projects within Victoria Gardens and enable the City to plan for and finance public facilities. C. The Application will not be detrimental to the health, safety, and general welfare of the City. The proposed Development Agreement Amendment is the fourth amendment to incorporate the General Plan Amendment (DRC2017-00969) and Victoria Gardens Master Plan Amendment (DRC2017-00971) into the vested rights applicable to the Victoria Gardens Mall, and to facilitate the timing and development of a public safety facility on the Subject Property. d. The Application will not adversely affect the orderly development of property or the preservation of property values. The proposed Development Agreement Amendment will prevent the inefficient use of resources, reduce the public cost of development, and encourage comprehensive planning. SECTION 4. Based upon the facts and information contained in the Application, together with all written and oral reports included for the environmental assessment for the application, the City Council finds that an addendum to the EIR and SEIR is required pursuant to the California Environmental Quality Act (CEQA) in connection with the review and approval of the Application based upon the following findings and determinations: a. Under CEQA Guidelines Section 15162, when an EIR has been previously certified for a project, a lead agency must prepare a subsequent EIR if (1) substantial changes are proposed to the project that will require major revision of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted. b. Under CEQA Guidelines Section 15164, the City may prepare an addendum to an EIR in lieu of a subsequent EIR if the changes to the projector the circumstances under which the project would be undertaken don't meet the conditions described in Section 15162 that require preparation of a subsequent EIR to make the EIR adequately apply to the proposed project. Page 365 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2017-00970 — CITY OF RANCHO CUCAMONGA June 20, 2018 Page 5 C. Based on the evaluation of potential environmental impacts of the Project an addendum was prepared. The addendum analyzed the Project against the original project, as approved in 2002 and 2009 and reviewed under the EIR and SEIR, and determined that because the Project shifted uses anticipated within the Mall and that were previously identified and approved as part of the Victoria Gardens Master Plan, the impacts generated by the Project created no new impacts and were no more significant than the original project. Additionally, key topics such as Noise, Traffic and Circulation and Cultural Impacts were further analyzed to ensure that no new impacts were generated as a result of recirculating traffic within Victoria Gardens due to the development of parking on the Subject Property. d. Based on the totality of the administrative record, the City Council finds in connection with the Application, that substantial changes to the original project or the circumstances surrounding the original project have not occurred which would create new or more severe impacts than those evaluated in the previously certified EIR and SEIR, that no new information has come to light that was known or could have been -known at the time the EIR and SIER were adopted, and that the addendum to the EIR and SEIR complies with the requirements of CEQA and recommends that the City Council adopt the addendum as being prepared in compliance with CEQA. The purpose of the Application is to incorporate the General Plan Amendment and Victoria Gardens Master Plan Amendment into the Development Agreement and facilitate the timing and development of the public safety facility on the Subject Property. e. The City Council further finds that the addendum to the EIR and SEIR is in compliance with CEQA as the Project will not have more significant effects than discussed in the previously certified EIR and SEIR for the original project, not have more severe effects than previously analyzed for the original project, and that additional or different mitigation measures are not required to reduce the impacts of the proposed project to a level of less than significant. SECTION 5. On the basis of the foregoing and the totality of the administrative record before it, the City Council hereby adopts the addendum to the EIR and SEIR and approves Development Agreement Amendment DRC2017-00970 as shown in Exhibit 1. SECTION 6. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid, or ineffective. SECTION 7. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. PASSED, APPROVED, AND ADOPTED this day of 12018. Dennis Michael Mayor Page 366 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2017-00970 — CITY OF RANCHO CUCAMONGA June 20, 2018 Page 6 I, JANICE REYNOLDS, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 16th day of May, 2018, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of , 2018, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: ATTEST: City Clerk Page 367 RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: City of Rancho Cucamonga 10500 Civic Center Drive Rancho. Cucamonga, CA 91730 Attn: City Clerk APNs: THIS LINE FOR RECORDER'S USE, Exempt from Recording Fees Pursuant to Government Code Section 27383 FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF RANCHO CUCAMONGA, RANCHO MALL, LLC, AND RANCHO'MALL NE, LLC THIS FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT ("Fourth Amendment") is made and entered into as of this day of , 2018, by and between the CITY OF RANCHO CUCAMONGA, a municipal corporation and general law city ("City"), RANCHO MALL, LLC, a Delaware Limited Liability Company ("Mall Owner"), and RANCHO MALL NE, LLC, a Delaware Limited Liability Company ("NE ParcetLessee") (collectively, Mall Owner and NE Parcel Lessee are sometimes referred to herein as "Owner"). :Recitals A. The purpose of this Fourth Amendment is to incorporate into the Amended Development Agreement,. as defined below, those amendments to the General Plan and the Victoria Gardens Master Plan that the City approved on [DATE] (collectively, the "2018 Amendments"), which are attached hereto as Exhibits 1 and 2 and incorporated into this Fourth Amendment as if set forth in full herein. It is the Parties' mutual intent that the 2018 Amendments become part of the "Project Approvals and "Applicable Regulations as those terms are defined in the Amended Development Agreement. B. The purpose of this Fourth Amendment is also to set forth the tinning and process by which Owner is expected to provide to City a public safety facility shell on land currently owned by City within the Victoria Gardens Master Plan area. City is expected to use the Public Safety Facility Shell as a police substation and for other public safety and civic activities. C. � Concurrently with the approval of this Fourth Amendment, City and NE Parcel Lessee entered into that certain ground lease dated [INSERT DATE] (the "Ground Lease"). Pursuant to the Ground Lease, NE Parcel Lessee has the right to construct and operate public parking on a surface parking lot and/or in a parking structure on a parcel of land owned by City and more particularly described in Exhibit "F" (the "Ground Lease Parcel"). 1 of 24 11231-000112172589v14.doc Page 368 D. On [DATE], after holding a duly noticed public hearing, the Planning Commission of the City of Rancho Cucamonga recommended the: approval of this Fourth Amendment. E. On [DATE], the City Council of the City of Rancho Cucamonga, adopted Ordinance No. , approving this Fourth Amendment. NOW THEREFORE,. for valuable consideration, .the receipt and sufficiency of which is hereby acknowledged, City and Owner hereby amend that certain Development Agreement between them, dated February 20, 2002, and as previously amended' by the First Amendment to Development Agreement, dated May 7, 2003, the Second Amendment to Development Agreement, dated June 18, 2003, and the Third Amendment to Development Agreement, dated May 20, 2009 (as amended, the "Amended Development Agreement"). Amendment Recital G of the Amended Development Agreement is hereby amended to read as follows: "G. A depiction of the Tentative Map is attached hereto and - incorporated herein as Exhibit "C". For purposes of this Agreement, the "Project Approvals" include: the General Plan, the Victoria. Community Plan, the Victoria Arbors Master Plan, the ETR and Mitigation Monitoring Program, the Victoria Gardens Master Plan (including,. but not limited to the Master Plan Signage program), Tentative Map, and any amendments to the foregoing approved by the City on or before the Effective Date; any amendments to the foregoing documents adopted by -the City on May 20, 2009 and [DATE _OF THE FOURTH AMENDMENT], and the 2009 Amendments and 2018 Amendments to the foregoing documents." 2. Section III.B.6. of the Amended Development Agreement is hereby added to read as follows: "Location of Residential Units. As part of the 2018 Amendments, the Master Plan and General Plan were amended to reduce the maximum number of residential dwelling units in the Master Plan's Residential Area by 95 units and to 'increase the maximum, number of residential dwelling units in the. Master PIan's Main Street Area by 95 units. City approved the 2018 Amendments; including the Master Plan and General Plan amendments, in good faith reliance on NE Parcel Lessee's plan to develop additional parking on the Ground Lease Parcel, in accordance with the terms of the Ground Lease, and to deliver to City the Public Safety Facility Shell on the Public Safety Parcel. The terms "Ground Lease," "Ground Lease Parcel," "Public Safety Facility Shell;" and "Public Safety Parcel" are defined in the Recitals to the Fourth Amendment and Section III.M. If NE Parcel Lessee fails to develop a surface parking lot and/or parking structure on the Ground Lease Parcel in. accordance with the Ground Lease or the Ground Lease expires or is terminated for any reason, then, notwithstanding anything to the 2 11231-000112172589v14.doc Page 369 contrary in this Agreement, City shall have the right to amend the Master Plan and the General Plan in order to relocate -the developable area for the 95 residential dwelling units within the Master Plan, and the Project Approvals and Applicable Rules shall be deemed to incorporate the relocation, provided that such amendments shall not be applied to any of the 95 residential dwelling units (i.e., the five hundred and sixth (506th) and all further residential dwelling units located on the Property) constructed by Owner prior to City's approval of the amendments. Owner agrees not to oppose City's efforts to amend the MasterPlan and the General Plan provided the amendments are limited'to relocation of the 95' residential units. Owner shall pay or reimburse the City's then -current application and processing fees for the MasterPlan andGeneral Plan amendments necessary to accomplish the relocation. City shall submit an invoice to Owner for such fees, and Owner shall pay the invoice within thirty (30) days of -receipt. Notwithstanding the foregoing, City may not without.the prior written consent of Owner hereafter amend the Master Plan and- General Plan in order to relocate the developable area for the 95 residential dwelling units within the Master Plan if,. prior to City initiating the Master Plan and General Plan. amendments pursuant to the preceding paragraph, Owner has completed and delivered the 'Public Safety Facility Shell, as defined in Section III.M.1. For the avoidance of any doubt, City may amend the Master Plan and General Plan in order to relocate the developable area for the 95 residential dwelling units if Owner satisfies its obligation to deliver the completed Public Safety Facility Shell by paying to the City the sum described in Section III.M.5(ii)." 3. Section III.D. of the Amended Development Agreement is hereby amended to read as follows: "Permitted Fees. Except as otherwise provided in this Agreement, and specifically excluding fees set by entities not controlled by City that are collected by City, City shall only charge and impose those fees and exactions, including, without limitation, dedications and any other fee or tax (including excise, construction or any other tax) relating to development or the privilege of developing, in the amount, if any, in effect on a City-wide basis as of the Effective Date. Owner shall only be responsible for payment of those development fees: listed in the attached Exhibit "D" to be calculated as indicated therein. Notwithstanding the foregoing, City may charge and impose those fees and exactions, including, without -limitation dedications and any other fee or tax(including excise construction or .any other tax, relating to development or the. privilege of developing, in the then current amounts when such fees and/or exactions .are due for i any surface parking lots and/or parking structures located on the Ground Lease Parcel,'• and(ii) the five hundred and sixth 506th and all further residential dwelliniz units located on the Property. City will not impose any_processing fees and/or exactions against Owner in connection with development of the Public Safety Facility Shell. 3 11231-000112172589vl4.doc Page 370 This Section shall not be construed to (i) limit fees charged by agencies or utility providers other than the City; or (ii) except as provided in the last two sentences of the preceding ,paragraph, limit the authority 'of City to charge customary application, processing, and permit approvals, building permits and other similar normal- and fees for land use permits, which fees are designed to reimburse City's expenses attributable to.such application, processing and permitting and are in force and effect on a City-wide basis at such time as said approvals and permits are granted by City." 4. Section III.M. of the Amended Development Agreement is hereby added to read as follows: "M. Public Safety, Facility Shell. 1. Development of Public Safety Facility Shell. Provided the obligation to do so has been triggered by the condition specified below in this paragraph, the NE Parcel Lessee shall be required to develop, construct, and deliver to City, within the time specified in Section III.M.3 below, the cold, dark shell of a building of approximately 6,300 square feet in accordance with performance standards, materials, and specifications set forth in Exhibit "H" and the final construction drawings, as described in Section IILM.3 ("Public Safety Facility Shell") on property owned by City and more particularly described in Exhibit "G" (the "Public Safety Parcel"). NE Parcel Lessee's obligation to construct and deliver the Public Safety Facility Shell shall be triggered only if and when NE Parcel Lessee obtains a building permit from City and commences construction of a surface parking lot and/or parking structure on, the Ground Lease Parcel. Once the obligation is triggered, NE Parcel Lessee shall develop and construct the Public Safety Facility Shell in accordance with the requirements of this Section. 2. Notice of Parking Development; Application of Spaces. At ,the earliest practicable time, NE Parcel Lessee shall provide written notice to City of its intent to begin construction drawings for a surface parking lot and/or parking structure on the Ground Lease Parcel, but in no case later than the date Owner enters into a contract for the construction of the surface parking lot and/or parking structure. Evidence of Owner's intent to begin construction drawings for a surface parking lot and/or parking structure may include soliciting proposals for or contracting with an architectural or engineering firm to prepare construction .drawings for a surface parking lot and/or parking structure on the Ground Lease Parcel. 3. Timing of Public Safety Facility Shell Development; Design Drawings. Prior to NE Parcel Lessee developing the Public Safety Facility Shell, City will prepare and provide NE Parcel ;Lessee with City -approved construction drawings and building permits for the Public Safety Facility Shell that substantially comply with the performance standards, materials, and specifications set forth in Exhibit "H." Withintwelve (12) months of receipt of the City -approved 4 11231-0001121725 89v 14.doc Page 371 construction drawings and building permits, NE Parcel- Lessee shall deliver the Public Safety Facility Shell to City. 4. Delivery of Public Safety Facility Shell. The Public: Safety Facility Shell shall be deemed delivered to City at such time that the City Engineer or his or her designee has performed,a final inspection of the Public Safety Facility Shell .and determined that the building is free from any deficiencies and conforms to the performance standards and specifications set forth in Exhibit "H." Such determination shall not be unreasonably delayed or withheld by the City, and once the Public Safety Facility Shell construction is substantially complete the City shall from time to time provide Owner with a written, punch list of remaining. incomplete or deficient items. The punch list shall be provided within ten (10) days of a written request therefor from NE Parcel Lessee. The City Engineer or his or her designee will perform a final inspection promptly after'Owner informs City that the Public Safety Facility Shell is complete. Within twelve (12) months following delivery of the completed Public Safety Facility Shell, City shall vacate the leased substation premises on Mall Owner's property and relinquish such premises to Mall Owner.. 5. _Remedies for Failure to Timely Deliver Public Safety Facility Shell. If NE Parcel Lessee fails to deliver the Public Safety Facility Shell within the time. period set forth in Section III.M.3, plus any period of force majeure extension applicable under this Agreement, then such failure shall not be deemed a default by Mall Owner under this Agreement giving rise to any right of the City to terminate this Agreement or to other remedies not specified in this SectionIII.M.5, but City shall have the following as its sole and'exclusive remedies for such failure by NE Parcel Lessee: (i) City shall, prior to exercising any of the other remedies below in this Section, give written notice to NE Parcel Lessee and Mall Owner and provide a period of sixty (60) days from the date of notice in which NE Parcel Lessee may cure the default. The notice shall include an invitation to meet and confer at a mutually convenient time during the ten (10) day period following the date ofthe notice, to discuss the reasons forthe default, the,status and circumstances of the Public Safety Facility -Shell construction, and the potential for a cure. Also during this 60 -day cure period, City shall obtain and provide to Owner an independent engineer's estimate of the reasonable remaining costs to complete the Public Safety Facility from the state of completion which existed at the time of the default notice. NE Parcel Lessee shall reimburse the City's cost, not to exceed fifteen thousand dollars ($15,000), for the independent engineer's completion cost estimate. .Commencing on the one year anniversary of the effective date of this Fourth Amendment and each, 12 months thereafter, the fifteen, thousand dollar ($15,000) amount shall be adjusted based upon the percentage change in the Engineering News Record Construction Cost Index for Los Angeles County for the twelve-month period ending in the month preceding the anniversary date. 5 11231-000112172589v14.doc Page 372 (ii) If the PublicSafety Facility Shell has not been completed in accordance with this. Agreement by the end of the sixty (60) day cure period, then Owner, at its option, may effectuate a cure and be deemed to Have satisfed its obligation to deliver the completed Public Safety Facility Shell, by paying to the City within ten (10), days following expiration of the sixty (60) day cure period, an amount equal to one hundred twenty-five percent (125%) of the completion cost estimate provided by the City's independent engineer. Owner shall thereafter cooperate in turning over the jobsite, plans, and construction records (and; to the extent desired and requested by City, assigning any permits and contracts for the work over to the City) in order to facilitate the City's. takeover of the construction and completion of the Public Safety Facility Shell.. A cure effectuated under this paragraph shall be effective for all purposes due to a default arising out of'this Section III.M, except that it shall not prevent City from relocating the 95 residential dwelling units under the last paragraph. of Section 11I.13.6 above. (iii) Only after Owner has failed to cure the default under either of the two preceding paragraphs,. City may impose by written notice to Owner the following additional remedy: Owner shall thereafter have no right to receive, and City shall have no obligation to approve, building permits for new buildings or structures or the expansion of existing buildings. or structures on the Property, until such time as the Public Safety Facility is delivered to the City, except (A) on the parcel described in Exhibit "I" (the "Northwest Parcel"); (B) any other work already under construction pursuant to a valid building permit prior to the start of the sixty (60) day cure period; and (C) tenant improvement, remodeling, repair and reconstruction work on existing buildings and structures that do not expand building floor area. 6. Prevailing Wages. The Public Safety Facility shall be constructed as a public work of improvement for which prevailing wages shall be paid and, if applicable, bonds provided under Labor Code Section 1781(a)(2)(C).. City and its contractors and subcontractors shall pay prevailing wages and employ apprentices in compliance with Labor Code Section 1770, P "se ., and shall be responsible for the keeping of all records required pursuant to Labor Code Section 1776, complying with the maximum hours requirements of Labor Code Sections 1810 through 1815, and complying with all regulations and statutory requirements pertaining thereto. Upon the periodic request of City, Owner shall certify to City that it is in compliance with the requirements of this Section. Owner shall indemnify, protect, defend and hold harmless City and its officers, employees, contractors and .agents, with counsel reasonably acceptable to City, from and against any and all loss, liability, damage, claim, cost, expense and/or "increased costs" (including reasonable attorneys' fees, court and litigation costs, and fees of expert witnesses) which, in connection with the development, construction, and/or operation of the Public Safety Facility:Shell, results or arises in any way from any of the following: (a) the noncompliance by Owner with any applicable federal and/or state labor laws (including, without limitation, if applicable, the requirement to pay state prevailing wages),- (b) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; on 1' 1231-000112172589v14.doc Page 373 and/or (c) failure by Owner to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. It is agreed by the. parties that, in connection with the development of the Public Safety Facility Shell, Owner shall bear all risks of payment or non-payment of prevailing wages under California law and/or the. implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar 'law. "Increased costs," as used in this Section, shall have the meaning ascribed to it in Labor Code Section 1781, as the same may be amended from time to time. The foregoing indemnity shall survive termination of this Agreement." 7. Meet and Confer. Beginning on July 1, 2019, and annually thereafter, City and Owner shall meet and confer to discuss the status of development on the Property and compliance with the requirements of this Section. '8. Credit Toward Satisfying Parking Requirements. City agrees that parking spaces constructed on the Ground Lease Parcel pursuant to the Ground Lease shall be credited toward parking requirements applicable to development. on portions of'the Property that are owned by Mall Owner on the date of the Fourth Amendment; provided, however, that Mall Owner shall submit a shared parking study for City's reasonable approval before such parking spaces may be credited toward parking requirements for a residential use. 5. Pursuant to Section V.B. of the Amended Development Agreement, Rancho Mall, LLC and Rancho Mall NE, LLC are transferees of interests in all or portions of the real property comprising the Property, as defined in the Amended Development Agreement, and previously owned' by Victoria Gardens -C, LLC. Rancho Mall, LLC and Rancho Mall NE, LLC hereby agree to be subject to all of the provisions of the Amended Development Agreement applicable to the portions of the Property under their respective ownership and control. Notices required by this Amended Development Agreement shall be delivered to Rancho Mall, LLC and Rancho Mall NE, LLC as .fo /lows: Rancho Mall, LLC c/o QIC 222 N. Sepulveda Blvd., Suite 2350 E1 Segundo, CA 902.45 Attn: Brenton Watson Rancho Mall NE, LLC c/o QIC 222 N. Sepulveda Blvd., Suite 2350 El Segundo, CA 90245 Attn: Brenton Watson 7 11231 -0001 \21.725 89 v 14. do c Page 374 6. Except for the amendments expressly made herein, the Amended Development Agreement remains unmodified:and in full force and effect. 7. Pursuant to Section 65868.8 of the Government Code, the Parties shall mutually assure that a copy of this Fourth Amendment is recorded against the Property with the County Recorder of San Bernardino County within ten (10) days after the effective date of this Fourth Amendment. IN WITNESS WHEREOF, Owner and City have executed this Fourth Amendment as of the date first hereinabove written. "City" CITY OF RANCHO CUCAMONGA a Municipal Corporation LON Mayor "Owner RANCHO MALL„LLC, a Delaware Limited any By: `_. 1!� Its: Attest: RANCHO MALL NE, L , City Clerk a Delaware Li t y Company Approved as to Form: By. r Its: Y ► t n Ca rf f1 �/►c� �te� ldvc df By: 5J -s— vn�w-�a ✓ o� sa[Gi- m� w/ City Attorney 8 11231-0001121725 89v 14.doc Page 375 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and notthe:truthfulness, accuracy, or validity of that document. State of California County of Lbc, An��1�-S On lm�.u. °yb , 26� $� , before me, Lt tkkR (1gT�tAU � PYA 0,-" IV—(insert name Ad d title of the offi� Notary Public, personally appeared 1t/l C1 l who proved to me on the basis of satisfactory evidence to be the person(o�whose named is//e subscribed to the within instrument and acknowledged to me that helsle/tvy executed -the same in his/wILIA authorized capacity(i , and .that by hisdjqf/thgl signatureA on the instrumentthe person(, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing 00�LWDACLAYPOOLBRYANS paragraph is true and correct. Notary _;Public Lj. LoLosAngelesCounty WITNESS rn hand and o lcial seal, [ommission # 2194909 }' MV Comm. Expires Apr 3o, 2021 Signature (Seal) C 1.1231-0001121725 89v1 4.doc Page 376 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of p x, Onno,before me, 1,~ ��� �� �� p 0-0t Gcu S, a(insert name an title of the officer) Notary Public, personally appeared �/ V1�V"l , who proved to me on the basis of satisfactory evidence to be the person(s) whose name is/ subscribed to he within instrument and acknowledged to me that he/�eltl " executed he same in his/hgr/tly authorized capacity( Os , and that by his/hef/tViir slgnature(4 on the instrument the person or the entity upon behalf of which the person( acted, executed the instrument. L�t4DAYPOOL BRYANS Vlt — Caliiornla L@---� Los Angeles County Comtn4ss'son 0 2194909 My Comm, Cxpires Apr 30, 2021 11231-000112172589vl4.doc I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct, Signature. 10 iAl seal. (Seal) Page 377 Exhibit "1" General Plan Amendment 1123 1-000 1\21725 89v 14. doc Page 378 Exhibit 112" Victoria Gardens Master Plan Amendment 12 11231-000112172589v14.doc Page 379 pN a •. r�wr �k`� ®.iau.r +ww wsuanrww ne.n.r�.aa Y�f►WIP ra trn,� rm .� arwrrarw!ra wr�ra. .�ii�www . �R.b:.gMAM.AIAAU.IiF� •-� b'�"��'�_. � `� :ate ,..,. ma c0T i w..n RrrE�q i vN✓wEl � .a �n .ew . 0A • ooh= 9 rf 1 1 YCORA GvvD wlftLL r!L.— TENTATIVE PARCEL MAP NO. 19953 IN THE CRY OF RANCHO CHCAMONOA COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA Elh591F31r_wr 3 N ===1 =in.:'r`r.s:-- RANCHO MALL, LLC +aa. rro• r ars.. �c.drm imam b R :vA aim q:m �an1°ox parte` rrm �a �,�.1�resr mawaa.aaw...q�wrr MEL o= r.m•ms aracma�amm+ase .� PH M495 -16W THE CRY OF RANCHO CUC MONGA I W W CIVIC M-NTUR DRIVE pN a •. r�wr �k`� ®.iau.r +ww wsuanrww ne.n.r�.aa Y�f►WIP ra trn,� rm .� arwrrarw!ra wr�ra. .�ii�www . �R.b:.gMAM.AIAAU.IiF� •-� b'�"��'�_. � `� :ate ,..,. ma c0T i w..n RrrE�q i vN✓wEl � .a �n .ew . 0A • ooh= 9 rf 1 1 YCORA GvvD wlftLL r!L.— PW M�)4774M rii +�iw+ a.K (ANb117AlaIRS. p1Y 1LLM0 lI rAR� E � 11 )),, TENTATIVE PARCEL MAP Na 19M I,. CRY. RANC+iO CDCA*0"GA COUIRY Or SAN BERNARDINO. STATE OF CALFORNIA AML". "ll SNEU 1 OF 1 xov Page 380 M .Ar RANCHO MALL, LLC L N SEPULVEDA BLVD. SiTTE_150 MEL SEGUNDO. CA 9Mt0 PH M495 -16W THE CRY OF RANCHO CUC MONGA I W W CIVIC M-NTUR DRIVE RANCMOCLCAMONGA, CA91774M 7 PW M�)4774M rii +�iw+ a.K (ANb117AlaIRS. p1Y 1LLM0 lI rAR� E � 11 )),, TENTATIVE PARCEL MAP Na 19M I,. CRY. RANC+iO CDCA*0"GA COUIRY Or SAN BERNARDINO. STATE OF CALFORNIA AML". "ll SNEU 1 OF 1 xov Page 380 M TENTATIVE PARCEL MAP N0. 19963 IN THE CITY OF RANCHO CUCAMONGA- COUNTY OF SAN SUMMIK6, STATE OF GLIF'OIEWA �A.RIQ'7� Al I-wws acr. ss iw ae ®..�..� _ 4 - - �eepfiQ7�_ .•� 1 � �. Tenn w.r e+..�ww rv��� �� •ae osY„ /Ip / � g � wl w[R.Or i M ! AiV .n lw. r•IM u~vnifua obi �Eltl..r«.Nr i PARL41 t f sfA.01[111UORT1.4rt RA'AY! PIt�Altm �: ��y r z•vI[W. IM ll .0 TMAC7 eW. vw I 1A 11114AMAII t 4OT 5 • i E R.tn'rarr ...c m - 1.1.1 OF SAN SEAIIAROM. STATE OF CALFOMIA APILL 17, Ml L ,1Qsa —�� arta s•t p �� -- - .VOL . G R[Y Aroe,E rAAca . — K MA GARUM AEDOt1L 0L> i f sfA.01[111UORT1.4rt RA'AY! PIt�Altm �: r ll .0 LEGAL DLBC*M-TK ft A/�MOR PAlTC�1!<,!� AO�AOE L��lAS�f mrmm � la K� APPllGAEQ: RANCHO MALL, LLC 222 % SEPULVEDA DWI`. SLRTE 23511 PLSf�V'TMCA%W PH_ 316'W�I6O7 - IMI. - QWNM THE Cm OF RANCHO CUCAMONGA IOvIO CIVN' CE.'%M ORSVE RA.CHO CUGIMONOA-CA 91729IW7 PH: 19091477 -:?W .�wom f sfA.01[111UORT1.4rt RA'AY! PIt�Altm �: ll TENTATIVE PARCEL MAP N0. 19963 • IN rNE cm aFRANcr+o cucAroNCA 1.1.1 OF SAN SEAIIAROM. STATE OF CALFOMIA APILL 17, Ml Page 381 9*ET I OF 1 SHEET U 0 CON 00 N n N d d 1? e rn N Exhibit "H" Public Safety Facility Performance Standards, Materials, and Specifications Pursuant to Section III.M. of that certain Amended Development Agreement by and between the City of Rancho Cucamonga, Rancho Mall, LLC ("Mall Owner"), and Rancho Mall NE, LLC ("NE Parcel Lessee") (collectively, Mall Owner and NE Parcel Lessee are sometimes referred to herein as "Owner"), shall be required to develop, construct, and deliver to City the cold, dark shell of a building of approximately 6,300 square feet in accordance with the performance standards, materials, and specifications set forth in this Exhibit "H" and the final construction drawings provided to Owner by City. Owner shall not be obligated to construct the building except as described in this Exhibit "H" and the final construction drawings. Where two (2) alternative types of materials or structures are indicated, Owner will have the option of using either, and where no type of material or structure is indicated, Owner shall select the type of material or structure.to be used with prior consent of the City. References to the California Building Code and City of Rancho Cucamonga Standards are to those regulations and standards then in effect when City provides Owner building permits for the building. Site: Owner shall provide site improvements including: Landscape and irrigation: landscape and irrigation per City of Rancho Cucamonga standards. Parkin : 24 parking stalls per site plan with asphalt parking base designed for a traffic index of 5.0 consisting of no less than 3" thick asphalt concrete pavement and 4" thick crushed miscellaneous base. Parking Iot striping shall be provided per City of Rancho Cucamonga standards. Sidewalks and Curbs: concrete sidewalk and curbs as per site plan and in accordance with California Building Code Title 24, Signage: Accessible site signage in accordance with California Building Code Title 24. Fence: an 8' high fence with main supports at 8' o.c. Fence shall be constructed of Wire Works Anti -Climb Mesh and Impasse II Rails and Posts as manufactured by Ameristar Fence Company installed per manufacturer's recommendations, or equal as approved by the City of Rancho Cucamonga if unavailable at the time of construction. Vehicle gate to be provided by City of Rancho Cucamonga. Parkin LLighting: parking lot lighting to provide a minimum of 2 FC as measured on the parking surface. Parking lot light fixture to be Lithonia Lighting D -Series, Size 0 LED Area Luminaire (Model DSXO LED 40C 1000 50K T4M MVOLT SPUMBA PIRH DXXXX) or equal as approved by the City of Rancho Cucamonga if unavailable at the time of construction. Color to be as specified in the final construction drawings. Floors: Owner shall provide an exposed smooth finished structural concrete, 2'-0" wide perimeter footing at all perimeter walls. City of Rancho Cucamonga shall be responsible for providing interior slab, waterproofing, penetrations, and connection to perimeter footing. 15 11231-000112172589v 14.doc Page 382 Perimeter Building Walls: Perimeter building walls shall be constructed of 8" concrete masonry units and storefront glazing and opening per plans. Concrete masonry unit shall be Angelus Block or equal. Clear Height: Owner shall provide a clear height of 12'-6" to the bottom of the roof structure. Roof. Owner shall provide fully adhered, flexible sheet roofing membrane or equal with 15 year NDL warranty. Storefront: Owner shall provide a storefront, per plans consisting of storefront. glazing and doors, to be Arcadia Series TC670 or equal with tinted, insulated glass per then existing California Building Code, Title 24. Necessary upgrades shall be by the City of Rancho Cucamonga. Rear Door: Owner shall provide a 3'-0" x 7'-0" hollow metal egress door with standard lockset hardware to the exterior of the building or service corridor. Door shall be painted on Common Area side only. Electrical: Owner shall provide for 4801277 volt, 3-phase, 4 -wire, electrical service section from a central distribution point. Owner shall provide (i) an empty meter base, (ii) a breaker frame at meter board (100 amp minimum), and (iii) an empty conduit (2" trade size minimum) stubbed to the Premises. Size of service shall be, at a minimum, 600 amps. Heating: Ventilating, & Air Conditioning ("HVAC"): All HVAC roof mounted package equipment, exhaust fans, roof vents, and roof curbs to be provided by City of Rancho Cucamonga. Owner shall provide appropriate roof structure to support proposed HVAC roof mounted equipment provided that information is provided prior to the commencement of construction, otherwise City of Rancho Cucamonga shall be responsible for the necessary support. Owner shall provide an electrical conduit stub and condensate line through the roof for City of Rancho Cucamonga's connection of the unit. All connections and start-up of the HVAC units shall be the responsibility of the City of Rancho Cucamonga, including electrical hook-up, thermostat, condensate lines and distribution within the Public Safety Building. City of Rancho Cucamonga shall be responsible for all roof penetrations, except that roof penetrations will not void roof warranty. Plumbing: Domestic Water Service: At a minimum, Owner shall provide a one inch (I") water line stubbed to rear of the Premises. City of Rancho Cucamonga shall be responsible for all meters and connection fees. Sanitary Sewer: Owner shall provide a four inch (4") sanitary sewer line stubbed to the Premises and located below finish floor. Gas: No gas to be provided. Telephone: At a minimum, Owner shall provide a single four inch (4") empty conduit from the main telephone backboard to the Public Safety Building for City of Rancho Cucamonga's installation of communication lines. 16 11231-0001121725 89v l4.doc Page 383 Fire Sprinklers: Owner shall provide a fire sprinkler system including upright heads for the protection of the open shell building space only, without ceilings. Fire sprinkler system shall be designed to a density and head spacing conforming with NFPA requirements and local fire jurisdiction for ordinary hazard occupancies, with up -turned heads only. Fire Alarm: To be provided by City of Rancho Cucamonga. NPDES Compliance: Owner shall prepare the Water Quality Management Plan in conjunction with the precise grading design and shall provide improvements necessary to comply with the WQMP and then current NPDES and storm water permit requirements. 17 11231-000112172589v14.doc Page 384 ViLLLLLLL PARKING @ N.E. LOT VIMU 6ARUEli5 a w mm SURFACE PARKING IFOR POLICEI - t 24 SPACES ,waiL:aaa,o G©LRGoW Page 385 00 Floor Plan - Public Safety Factity O t.lw.mo HMC Architects Page 386 w m ke" ELM If}YL Afilii V am nartl CAA CLma orwr F WL" I�I�wYi. alo w �K rlwa:• rN wl�rilO�Il}T{Y �a0 YY��7R�IO[OGd� Idles SILw PWWVI ti{ � v3A O�. a =*as�rr�s�7 na :ArrW[: t—W , i -r�ir�wr+r•��wsw����4�a� �rrrr W 1 " l Elevation - Nora' Puh6a Safety Fae ft .r,nL24:+w HMC Architects Page 387 9 Yl� [OeuY�7 n��cw lweowlr wr nn'r �cwj ear YY_IYCIY.:wa Y n Yfrx n+! -Ya [.M Yl9 r�li� ue.l:Orr [axe e1lelTeL /iYR was N6l Yl-k.'V D Ml' ��Y lT09MpI1T lY111Y Yl] �Y lrOYlV dITnb� P i] +4.LLR M•X. Y30� 1'lM1G t!t e�nwaa Cenws 0.O\ =u� eM scNARMC anow 10 - � ��rY�Ir• �w w�w� w nw� �� Elevatier - Eal t PuNic Safety Fanity 4*ftjK it8 HMC AI:11teCt5 Page 388 rte. f�ifNi�i��+ Y N/1r�a���• err filr�rar�iaf�li� i�ra., rar ura. rNr w.r� rw a.�r�Y�31�i �r(ir yw 1Wr�yYaF�,�N m Elevation - turf-- tjANC &*Wp=mv Jpm a AN* HMCAkfmltKts Page 389 U D CON 00 kn cV O O O N N � W tax" ?L shy=w• A PMr.ri.�rww.�■ w. ISC- . - UClJcA413 Page 390 Exhibit "I" Northwest Parcel NORTHWEST PARCEL - PARCEL MAP NO. 15796-1 MAP NO 15641 JPARCEL \ P.M.B. 192193-100 CHURCH STREET r _ 3 47 48 f N'R PARCEL B A • 01 6 A DESIGNATED 9 tE REMAINDER C 1 NA.P. 4 a/ PARCEL 9 N,AP. 6.384 AC 2 F 3 S 18 ~ 10 15 23 w G 132 16 17 20 v11 14 H K 16 I J24 22 OQ 25 29 N 34 26 ! 28 30 g1 33� 35 37 38 38 �y ,CI 14 40 141 R42 k43 144 FOOTHILL BOULEVARD (ROUTE 66) f- 11 D 4 * E:p, 6/30/2004 1 No. 3640 P EPAP..EC A6& THE SI a 11231-000112172589vl4.doc �P 457 7 46 i 4 500 300 0 800 GRAPHIC SCALE OF: LEGEND 5-2 -G3 INDICATES SUBJECi PARCEL AREA �— INDICATES SU3JECT PARCEL LINE DIRES 6 IND+CATES EX15714G PARCEL LINE 24 i \ 4ssr,A\ WIPPINr.\PRn -NWA d5- Page 391 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING FINAL PARCEL MAP PM19963 TO SUBDIVIDE A 5.33 -ACRE LOT INTO 2 PARCELS LOCATED GENERALLY NORTH OF THE VICTORIA GARDENS CULTURAL CENTER ON THE NORTHEAST CORNER OF ARBOR DRIVE AND CULTURAL CENTER DRIVE IN THE VICTORIA GARDENS MALL A. Recitals. 1. The City of Rancho Cucamonga, Rancho Mall, LLC, and Rancho Mall NE, LLC (collectively, the "Applicants") jointly filed an application for Tentative Parcel Map TPM 19963 as described in the title of this Resolution (the "Tentative Parcel Map"). 2. On May 9, 2018, the Planning Commission conducted a duly noticed public hearing on the Application and adopted Planning Commission Resolution No. 18-21 approving Tentative Parcel Map TPM 19963 and concluded said hearing on that date. 3. Since that time, the Applicants have submitted Final Map PM19963 (the "Final Parcel Map") for approval. 3. On June 20, 2018, the City Council considered the Final Parcel Map and adopted this City Council resolution approving the Final Parcel Map. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The City Council hereby specifically finds as follows: a. The Parcel Map applies to a 5.33 -acre parcel that was previously approved for a 95 -unit condominium development that is mostly vacant with minimal infrastructure improvements located generally north of the Victoria Gardens Cultural Center on the north- east corner or Arbor Drive and Cultural Center Drive within the Victoria Gardens Mall ("Subject Property"). Said property is currently designated as Mixed Use. b. Development of the Subject Property is governed by the Victoria Gardens Master Plan, the Victoria Arbors Master Plan, the Victoria Community Plan, the City's General Plan, and a development agreement between the City, Rancho Mall, LLC, and Rancho Mall NE, LLC. C. The property to the north of the Subject Property is designated Mixed Use, and is partially developed with a winery and single-family residential development. The property to the west is designated Mixed Use, and is developed with multi -family residential units. The Bass Pro Shop and the 1-15 Freeway lie immediately to the east with the land Page 392 CITY COUNCIL RESOLUTION NO. PARCEL MAP PM19963 — CITY OF RANCHO CUCAMONGA June 20, 2018 Page 2 further east designated Low -Medium Residential and Medium Residential within the Etiwanda Specific Plan, and Regional Related Commercial. The Mainstreet Area and Route 66 of the Victoria Gardens Mall is directly south of the parcel and Foothill Boulevard lies further to the south, beyond which the land is developed with commercial uses and designated Regional Related Office/Commercial. d. The Parcel Map is for the subdivision of 5.33 acres of land into two parcels, with one parcel consisting of approximately 1 acre and the other parcel of approximately 4.33 acres. e. The lots are proposed to be for a future public safety facility (the 1 -acre parcel) and for a future parking lot and/or parking structure (the 4.33 -acre parcel). f. The General Plan Land Use designation of the Subject Property is Mixed Use and the properties surrounding the Subject Property are Mixed Use. g. The Final Parcel Map filed herein is in substantial compliance with the Tentative Parcel Map and complies with all of the requirements of the California Subdivision Map Act and the City's subdivision ordinance. h. The Applicants have performed all conditions precedent to final map approval as required by the Tentative Parcel Map. 3. For the reasons set forth in the Planning Commission's Resolution No. 18-21, the City Council further finds and concludes as follows: a. The design and layout of the parcel map are consistent with the objectives, policies, and general land uses specified in the General Plan, the Victoria Gardens Master Plan, the Victoria Arbors Master Plan, the Victoria Community Plan. and the Development Code. The Subject Property is being subdivided for the development of 2 parcels for public use in association with the Cultural Center, Public Safety facility and parking lot for the Mall. b. The site is physically suitable for the parcel map and density of development which will create two (2) lots. The project will include a vehicle access point off Cultural Center Drive and Arbor Drive and will be designed to accommodate the level of traffic proposed by the development. C. The design of the parcel map is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat. Environmental studies were submitted and reviewed by staff as part of the EIR and SEIR and the Application was further reviewed as part of an addendum to the EIR and SEIR. Staff concluded that there would not be any significant effect on the environment. d. The parcel map is not likely to cause serious public health problems. The proposed project is for the development of 2 lots for the project for a public safety facility and parking lot/structure which generally do not include the use of hazardous materials. Resolution No. 18-*** - Page 2 of 5 Page 393 CITY COUNCIL RESOLUTION NO. PARCEL MAP PM19963 — CITY OF RANCHO CUCAMONGA June 20, 2018 Page 3 e. The design of the parcel map will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. Access to the Subject Property will be from existing public streets surrounding the project site and access from private streets. The site is associated with an established shopping center and is an expansion of the parking area and relocation of the public safety facility. 5. On the basis of the foregoing and the totality of the administrative record before it, the City Council hereby approves Final Parcel Map PM19963 as shown in Exhibit 1. 6. The City Clerk is hereby directed to execute the appropriate certificate on the certificate sheet and cause the Final Parcel Map to be forwarded to the county recorder. Resolution No. 18-*** - Page 3 of 5 Page 394 sam Ov t ` .,rrEER# ,AVO a Rg1DSe y°�aSr Ss,•y 5,"_g��lf2„atlS N RG®g K yjA J �l i s �sxLl iT15 R Him a VI cwtLi ”. mss b its r Is a te€ 9 m n all lits a g� Nal llR<3�t Ii co8�i M S / 2 CO (i) '� R I1f Na iy � 0 V, at, a � � �R �g q� CL RIK ��� K Ig !9 M 8 1 lit .j Jx 9 11 W n = 56 o R CD z o ■/��� K W 1119Ml Q y�1 � = al S E PD JE - a$IT 75r IC q � � �ESE �h 8 e g8 a M 4PIN i e 395 A ' - o s k R11V!� Ila, =©www' RNwwwmk (ows KW WSOSW it V i �®r GoL'KI 3J6tfl r L'E01 3 S,iOA / mroa H '4�4• �B � �$ ¢n d Y� � f l � J / ^b II i it V i �®r GoL'KI 3J6tfl r L'E01 3 S,iOA / mroa H '4�4• �B � �$ ¢n d Y� � f l � J II i op 81 i i it I z c fl I i it i i Q i I 1 r7�1 1� 1 j I f � f t i .es zs d it V i �®r GoL'KI 3J6tfl r L'E01 3 S,iOA / mroa H '4�4• �B � �$ ¢n d Y� � f l � J II i i i it I z c fl I i it i i Q i I = U fI � t i P S P +� 1 t W r jf� 1 K I � I - gi Xm 3 xtw N I N I f W v PI ILK �IIL ft= 3 X)W N � � r foie X"-���.��- f -O gill, l II tit s� t' I p @Ajib 9 lige pili hh b it Pl V91 PLIN't 01; V1 g H d 1. la H®R b N Iffil 30, M It h He 11 ® .. 4 © ®® 0 0 0 0 e 396 Item J3: Public Hearing Item: Attachment 7 VICTORIA GARDENS MASTERPLAN AMENDMENT DRC2017-00971 6/20/2018 City Council Meeting (o VICTORIA GARDENS R a n c ho C u a m o n g C a I i f o r n i a MASTER PLAN J a n u a r y 1 8 2 0 0 2 FORESTCITY D E V E L O P M E N T Le wis Operating x M a s t e r P l a n S Victoria Gardens Regional Center, Rancho Cucamonga 3 CONTENTS 1. SUMMARY 5 1.1 Victoria Gardens 1.2 Overview of The Master Plan 2. THE MASTER PLAN 9 2.1 The Regional Plan 2.2 The Mixed -Use Downtown 2.2a Main StreetArea 2.2b The ResidentialArea 2.2c Route GG and Eastern Areas 2.3 The Historic Western Town 2.4 The Landscape Architecture Plan 23 The Signage Plan 2.6 Urban Design Concepts 3. DESIGN GUIDELINES 73 3.1 Architectural Landmarks 3.2 Building Typologies 3.3 Building Mass & Volume 3.4 Diversity oFArchitecture 3.5 Exterior Materials & Colors 3.6 Climate Protection 3.7 Entrances & Fenestrations 3.8 Exterior Building Lighting 3.9 Building Services 3.10 Tenant Identity Signage 3.11 Prohibited Signage 4. DEVELOPMENT STANDARDS 87 4.1 Permissible BuildingAreas 4.2 Street LandscapeTreatment 4.3 Land Uses 4.4 Sidewalk and Outdoor Uses 4.5 Heights and Setbacks 4.6 Parking 4.7 Residential Standards 5. IMPLEMENTATION PROCESS 109 5.1 The Planning, Review and Approval Process 5.2 City Plans and the Master Plan ACKNOWLEDGMENTS 113 Victoria Gardens Regional Center, Rancho Cucamonga 0 M a s t e r P I a n a A Losmopohran mix of rerail, dining, entertainment, workspace and homes 1114.stanr,tnt" and catrti b). the Tottiri �ilu ire A Jazz concert on a plaza green 1' unwrs Inark'iS, craft incl ,irrti fair, Laster egg hunts and Halloween eosttilne contrsrs ('hriurttas carolers, ,i c.tncllc li�;htin� ccrettium ill tltc l�l,ir.i Parades and fun rutls C_h,ttllllllii .trill Il(ltircrlgi� RiLhly 1.inclse..iped streets, parks and paseos A place to stioll, icla\ and slurp A lively urban Village Serniiig-i Ltr:;c' it-ional popttlatiiui The region's premier retail destination RANCHO CUCAMONGA'S NEW DOWNTOWN VICTORIA GARDENS M a s t e r ? t a n C Victoria Gardens Regional Center, Rancho Cucamonga ch.I Summary 5 SUMMARII Victoria Gardens Regional Center, Rancho Cucamonga 0 M a s t e r If l a 0 Summary ch I Fig 1-2 : Example of the layout of a mixed use setting with a central square M a s t e r P i a n a 1. SUMMARY Fig. 1-1 : Victoria Gardens wig have an array of retail with streets set on a grid plan with calmed traffic and landscaped sidewalks. 1.1 VICTORIA GARDENS MASTER PLAN The new downtown for the City oC Rancho Cucamonga is called "Victoria Gardens." It k the mixed-use center of the Victoria Arbors community within the larger region of the Victoria Community of villages. Victoria Gardens combines the best of the Main Street tradition of the western American town with the commercial and planning demands of the early twenty-first century. This document is the Master Plan for this vibrant, new downtown community. The mixture of uses in Victoria Gardens will create a business and cultural heart for the area. Retail, office, hotel, residential, civic and cultural uses are placed within a landscaped urban experience of a traditional Main Street environment. The vitality of the new downtown is largely generated by a powerful array of retail stores, including nationally recognized department stores and anchor tenants together with numerous specialty stores. The setting for Victoria Gardens is a town's grid of local shopping streets, each of which has calmed traffic and lush, landscaped sidewalks. A town square, plazas, paseos, and small parks are sprinkled throughout the downtown. Forest City Development and Lewis Investment Company in joint venture are planning the development of Victoria Gardens and have prepared this plan in coordination with the City of Rancho Cucamonga. The Master Plan includes mixed-use development with a maximum of 2,453,000 square feet Victoria Gardens Rcgional Center, Rancho Cucamonga of commercial, office and civic uses, and as many as 600 residential dwelling units. The completion of this Master Plan and accompanying environmental documents sets in motion a process for review and approval, leading to the implementation of this exciting new downtown. Located at the crossroads of Interstate Highway 15 and Foothill Boulevard (US Route 66), it is conveniently located to other cities of the region. When added to the access afforded the site by the major boulevards of Rancho Cucamonga, such as Day Creek Boulevard running north -south and Church Street east -west, the site of Victoria Gardens has both excellent access and visibility. Highway 10 to the south and State Route 210, to the north, provide further automobile access. In 2002 the foothill transit route 210 x L.� completed. The aim of the Master Plan is to create a diverse, contextual, and authentic, mixed-use town center. References to the heritage of Rancho Cucamonga are combined with a rich and eclectic variety of design sources for the architecture, the landscape architecture and the graphics and signage of Victoria Gardens. The many elements of the plan will establish an environment which is a memorable place, which creates public value, and which is a civic contribution to the City. The mixture of uses and the many layers of design ideas create mutual benefits for Victoria Gardens and the City. The new downtown place is simultaneously: ■ A mixed-use neighborhood with public spaces, shopping, entertainment, and civic uses, all within walking distance. A successful, regional retail environment, set in shady, landscaped streets with a feel of walkable Main Streets, and with striking mountain views. ■ A place for people to spend time, for children and families; a place with colorful plants, shops and graphics; a place with a town square, pedestrian paseos, shaded courtyards, outdoor dining, and fountains. • A vibrant and active downtown, a downtown for businesses, residents, and visitors, a downtown for civic activities, commerce, and public events. ch.I Summary 7 Fig. 1-3: Mixed use, landscaping, publicspaces, variety and walkable streets come together to create a vibrant town center. Victoria Gardens Regional Center, Rancho Cucamonga m M a s t e r P l a n Summary ch.I Fig 1-4 : Walkable, vibrant urban streets. 1.2 OVERVIEW OF THE MASTER PLAN The Master Plan presents the project ideas and concepts, the various aspects of the development, and the standards and guidelines needed for successful implementation. The Master PIan is not a Specific Plan, as specified in California statutes. The Master Plan does have a companion document in the Environmental Impact Report for Victoria Gardens. The Master Plan addresses the planning, architecture, landscape architecture, signage and graphics for the new Victoria Gardens downtown area. The Master Plan presents and describes the plan, then sets forth development standards and design guidelines, and finally, outlines a process for implementation by the development team and the City of Rancho Cucamonga. Examples of mixed use projects, which have similar issues, have been used in the Master Plan. The role of these photographs, sketches and diagrams is to illustrate the qualities that Victoria Gardens aims to achieve. All figures in the Master Plan that provide building and parking footprints and locations are illustrative and are provided to gain an understanding of what could be developed under the Master Plan. It is important to note that the figures are purely conceptual and that a final plan may vary provided it complies with the regulations in the Master Plan. Chapter 1, Summary, gives an introduction and an overview of the Master Plan. Chapter 2, The Master Plan, presents the ideas, concepts, and images for the Victoria Gardens plan. The regional context of Victoria Gardens within the Victoria Arbors village, the Victoria Community and the City of Rancho Cucamonga is explained. The planning, urban design, architecture, landscape architecture and graphics aspects of the Master Plan are described. Chapter 3, Design Guidelines, lays down guidi ng pri nciples needed to play out the ideas and concepts in all their integrity. These guidelines are in 4 parts- Urban Design and Retail Architecture, Residential, Landscape Architecture and Signage/ Graphics. Chapter 4, Development Standards, is a supplement to the City's zoning and planning documents for the new downtown area. The standards include land uses, streets, building heights and setbacks, parking, signage, and other standards for development. Chapter 5, Implementation Process, explains the relationship of the Master Plan to the existing planning documents of the City of Rancho Cucamonga. In addition, this chapter presents the planning process of the City of Rancho Cucamonga and the development team, including design review and approvals. M a s t e r P I a n C Victoria Gardens Regional Center. Rancho Cucamonga ch. 2 Master Plan 9 MASTER PL ? Victoria Gardens Regional Center, Rancho Cucamonga a M a s t e r P f a" 10 Master Plan ch. 2 VICTORIA GROVES % _ A nsidcatial + sc ocls,P� village that is a eoeswun7 good neighbor / fieilitiu to the existing "-� Alto Loma Cucamonga�--------- north 2. THE MASTER PLAN ZI THE REGIONAL PLANS The development of this region of the City of Rancho Cucamonga is governed by two planning documents, which further define the land use policies of the City's General Plan. Highland Avenue 1 n � IA amty t facllhles VICTORIA VINEYARDS A residential vHlsge surrounding centralized community facilities L-! :An tnterreiatea i kip!Vz I'Aeflitks 1 Y� 1I •�' .� , I 95k I% ARBORS �4 A mixed use village thetnafically tied to its historic winery. The residential pardon oriented around a school. park Thc commercial portion focused on a Regiati al Gmer - "downtown" M a s t e r P I a n a Victoria Gardens R ter, Rancho Cucamonga VICTORIA . WINDROWS I achaois. ptulcs I ; > A residential village draws d<tcme unity I that an the hc;lit;es I a character of .__..._._I a neighboring Etiwanda i kip!Vz I'Aeflitks 1 Y� 1I •�' .� , I 95k I% ARBORS �4 A mixed use village thetnafically tied to its historic winery. The residential pardon oriented around a school. park Thc commercial portion focused on a Regiati al Gmer - "downtown" M a s t e r P I a n a Victoria Gardens R ter, Rancho Cucamonga 2.Ia The Victoria Community Plan The first plan is the Victoria Community flan, which encompasses several villages to the north and west of Victoria Gardens. The villages are linked together by a major and minor road system and by a community trail system. The second plan is the Victoria Arbors Master flan, which is the plan For the village in which Victoria Gardens is Iocated. The pedestrian and bike trails link up and into Victoria Gardens. Bike racks will be provided as part of streetscape on key streets. ch. 2 Master Plan I Fig. 2-2 : Community Trail System HIGHLAND AVE 11 n I II I I 1 .�� A-- ( I a f/ sip MRK LAE r,r loll r---f— f.Yr L r .. Y _ Y wry a Ic > BASELINE ROAD north , CHURCH S O ° L ` wwwo Victoria Park Lane Trair Vic raA1h+M Q D Local Trail t FOOT I L LVD v� City Trail - Roadside Lanee� Day Creek Blvd, Scenic 8t 44� Recreation Corridor Trail `may Victoria Gardens Site to epicenter Ray Creek Channel Trail ARRow HIGHWAY Victoria Gardens Regional Center, Rancho Cucamonga 0 M a s t e r P I a n 12 Master Plan ch, 2 Baso grisAcii IF—Mbcw Use M Acres Wmad Use WIP � i f Fway "jae 11.9 Acm i� SrnI* Forn til Siogk Fatm� WAre 4 6f Acre 19.7 Acnes Ij 29! Acres r ?109 Aces v or a WO Offris+hr seth� a coamserr ial 151 Anes Victoria Gardons Lana Foothill Boulavard ,.' 9h6Acres y� ft Of . o Awk 73 Anes .school IW Aaes' 4.101Are 16A Aom Sirgle�Fsrns�ly W Aur T WAnd UseW Sn*F &Bl 2U Acres Theta I site area is comprised of approximately: 174 acres -Gross area 16S acres - Net Area Ag 2-3: Viicfam Gw*nsin The VFnwb ArixnMaster Plan 2.1b The Victoria Arbors Master Plan Victoria Gardens is the heart of the Victoria Community of villages and the new downtown for Rancho Cucamonga. It is centrally located at the intersection of Interstate Highway 15 and Foothill Boulevard (US Route 66)_ It connects to the adjacent areas of the Victoria Arbors Village with clear trail and automobile access on Day Creek Boulevard and Victoria Gardens Lane, The central spine ofArbor Lane provides a landscaped recreational trail, which connects south into Victoria Gardens from the winery and villages further north. The Lane proceeds past residential development adjacent to a community park and school and into the Town Green and Town Square at the center of the mixed-use downtown, Victoria Gardens. H a s t e r F, t a n C Victoria Gardens Regional Center, Rancho Cucamonga ch 2 Master Plan 13 Ik Church Street - RESIDENTIAL AREAI I [ **'f4~� `` — ' -E� lei -I 11711 - C r �f' jj k2 ' i EAST 'RE N' E.A or at ar,ee# _ w FT IF T - - ,- 11-7 . s out stn tr °° ; �---- -, �► 1. f rA j Victoria Gardens Lane R EREA Foothill Boulevard / Route 66 Hg.2,4 . Wctorb Gams Mastadr•pbn d ot+ch gorathn ofhtdk*ji 3p et Route 66 andEastem Areas forMrutradvepwpades only) 2.2 THE MIXED-USE DOWNTOWN The mix of uses in Victoria Gardens are in an outdoor, landscaped, town center setting. The mixture of building designs and the rich landscape of the streets, courtyards and plazas make Victoria Gardens much more than a regional shopping destination; it is the heart of the community. Residential development to the north is linked to the main shopping district through a gridded street system, while community facilities are focused on the Town Square and Town Green. Office uses further enliven Victoria Gardens. Combined, these uses provide activity throughout the day and into the evening in the new downtown. Victoria Gardens Regional Canter, Rancho Cucamonga 0 M a s t e r P l a rt 14 Master Plan ch_ 2 Fig 2-6 : Main Street, an enjoyable pedestrian experience Fig. 2-5: View down South MainStreet 2.2a The Main Street Area The plan of Victoria Gardens is based on a traditional town grid system, with streets running north -south and east -west. The main shopping streets, North MainStreet and South MainStreet, run east -west and provide regional connections to Day Creek Boulevard and Victoria Gardens Lane. This system provides clear pedestrian and automobile orientation and it allows for future expansion of the downtown. The grid system is complemented by the Town Square, Town Green, and smaller plazas in the heart of the downtown. lnrimately-scaled, pedestrian -oriented streets, Town Walk East & West, connect South MainStreet to North MainStreet atTown Square. Arbor Lane links Town Square north to Town Green, the Community Center, and the residential areas of the Victoria Arbors Village. M a s t e r P I a a % Victoria Gardens Regional Center, Rancho Cucamonga Church Street -North Main treat �a s - ali�tTe! . . Town Square r A.:r QJ �Towndreen f d o y a Victoria -Gardens Lane U .- ri r1�Ir Foothill Boulevard 1 Route 66 Fig. 2-7: Evolving the Town Square and the Main Streets ch. 2 Master Plan I S Fig. 2-9: Retail Facades lining up to create a sense of enclosure in the street Victoria Gardens Regional Center, Rancho Cucamonga 0 M a s t e r P I a n 16 Master Plan ch. 2 1 - ' » l.. I - Alto. 6 ePlmfar2Blockc DayrCreekBlvd betwe n + t• North MainStreet and Cabemet 7. COMCH SfREirf z ftaiden#Oa:+l Ares �s. P~'; ,. e la set } Pw ig 14. n ' F. +. L 1� FOOTHILLBLVD. (ROUTE W) 1. Z 3, 4 6+ 7. L 4. 10. 11. 13, 13. 14. 15. 16, 17. 11. Victoda Gardens Lane Dq Creek Boukmid Cabemet South NbinStreet North MainStreet Merlot Church Street 0 Sweet A Strad Shy B Street C Stree Pinot Bmu joh is TownllMhlkV*st Tows WalkEnst E Street Arbor lane Fig. 2- 10: Victoria Gardens Master plan (location of buildings in Route 66 Area and Eastern Area for illustrative purposes only) M a s t e r P l a n C Victoria Gardens Regional Center, Rancho Cucamonga A wlo,- L!l U t COL Pu Ln - JTI Town Green Town Square YvY vw ViArt Fig. 2-14: Landscape Plan i1J H � Fit F1 ch. 2 Master Plan h I*M AM ftIm li►7st ln_gMnb rebustat L ,� eradlbidFaar ry�usalayro-Itadhzd7 Maddcm Fbn Palm fMaNagtnnh robust) A INAK SbulhornMagnola IN62nuhswdMera 3anuelfammed ranFon Palm PlAzlYnglnnta Fabusbi & Afft2n9mactRhmbn=O Is • .»_.._.._� _:.3= _..'�.—:.ski j LammSonhdtitinCEuayplus cMdo -. 1 � � Olft"aPapparTMOM nusmclso 5 Amrt�sa araaltan = r nbunr�eaenhl�iF y t� jsin M Wfibn F"arMInuctawWMhltblu<) chliomamRamoparvHblbl +° Data Pabrn;FhorrixclactyHorall tandanPbn,4,o�tapn�aarlblaOl a A�ormp ra�nnamoc°dsnp�o�rb Foothill B l v d . f R o u t e 66 wgcm Fan Palm fWahngtonb mbLatal DasMnbpupulkC mlabpll"Ilb,ChblpatxhtmnUM boranda wdnzftlalWalmuterbapi natgRmlrotmKapanicub Lagasaaemb std uuna namillr. Magnsta 9nrdflrc� dm,uropau.11"Hx orsadensK FrunusspR. t'lLsenaa SPFk, Bnbtrlaaink" -gallo aw The Landscape Plan supports and enhances the Main Street experience. Each street, the Town Walk, the Town Square and the smaller open spaces have distinctive planting and landscape treatments, making them unique and enjoyable pedestrian experiences, The landscape palette and the sense of the richness of plant life in Victoria Gardens will be perceived throughout the town center, even from the Freeway. Care is given to design streets and open spaces that provide shade for the hot summer weather, and protection from the occasional wind. 14 Fig. 2-15: Ceremonial planting as part of streetscape Victoria Gardens Regional Center, Rancho Cucamonga ® M a s t e r P l a n 20 Master Plan ch. 2 UNDERSTORY, PLAZAS AND COURTS PLANT PALETTE .. Fig. 2-16 : Streetscape. Victoria Gardens Lane (page 20 & 21) .- :i Accent Shrubs n�shi+i Agave NAME COMMON NAME , 6'+••, '�•••.,.,�:i�K�.�,�a�� ve Aloe sppp Aloe A r _ '+•.w'"".` i� Bougainvillea spp- Bougainvillea LR ........... ..... ............ ............" ..,................. Cistus spp. Rockrose T Echium fostuosun! Pride of Madera ; ."S >,-••--e ti { T • i T uncus s Rush x r. � 35' SS 1['BAce:��� Ribes viburnifoliurn Evergreen Current = � � .-. ...._.,..:...�..,. FlMX�r a•i1• •rara.�aso. d y Salvia spp. Sage ..: Noah hlatn5rmF. t:iiiciif Q t;� A Wim. •�'�+'•� �" Yucca spp- Yucca = �.. Lovandula spp. Lavender ; ' �p Rsr�t trrw+ nr.xr `� Ornamental Grasses fllllilEEEIEi� South Main StreEi-'.--`30',".T"AC' t' Botanical Home Common name : ; �� � � ........�' tea, ; �• Festuca longifolia Tall Fescue IFFestuca ovma Sheep Fescue Buchloe dactyloidesBuffalo Gross � ��:::::::,:. .... .... � ...":::: Q Bouteloua gracilis Blue Gramma = s��3 , V Mulenbergia rigens Deergrass t g •� Shrubs and Groandcovers Botanical name Common name Acacia spp. Acacia 35'sl:-rmcK Agapanthus spp. Lily -of the -Nile Agave spp. Agave - continued - WVW�— 5' 25' 25' Street Elevation- Victoria Gardens Lane M a s t e r P I a rt a Victoria Gardens Regional Center. Rancho Cucamonga M MCAN PAN PALM AFRICAN SUMAC ESCALLONIA " PERIWINKLE AL PLUM LONG BLADEUE Mti,. I -- Street Plan- Victoria Gardens Lane pe 12'-G" TO 15' 5' l2' -G" TO 15' 5' 1 1' 1 I' 12' PARKING LOTWAL}: BIKE ROADWAY PAINTED LANE MEDIAN 30 TO 35' SETBACK Victoria Gardens Regional Center, Rancho Cucamonga 11' 11' 5' 15- 5' ROADWAY BIKE PKWY WALE: LANE Street Section: Victoria Gardens Lane 0 M a s t e r P I a n 22 Master Plan ch. 2 Shrubs and Groundcover-continued- Aloe spp. Aloe Arbutus unedo StrawberryTree Arctostaphylos spp. Manzanita Artemesia 'Canyon Grey' California Sage Artemesio pycnocephola SandhillSage Artriplex spp, Saltbush Baccharis spp. Coyotebrush Bougainvillea spp. Bougainvillea Buxus spp. Boxwood Carissa macrocarpa Natal Plum Ceanothus spp. California Lilac Cistus spp_ Rockrose Clematis armandn Clematis Clytostoma callistegioides Violet Trumpet Vine Comarostaphylis diversifoha Summer Holly Cotoneaster spp. Cotoneaster Dasylirion spp. Sotol Dendromecon spp. Bush Poppy Distictis buccinatoria Blood -red Trumpet Vine Echium fastuosum Pride -of Medeira Elaeagnus pungens Silverberry Encelia spp. Encelia Eriogonum spp. Buckwheat Escallonia spp. Escallonia Feijoa sellowiana Pineapple Guava Fremontodendron spp. FlannelBush Hedera spp. English Ivy Hemmerocallis Daylilies Hibiscus spp. Chinese Hibiscus Iris douglasiona Douglas Iris Isomens arborea Bladderpod Iva haysiona Hayes iva Lantana spp. Lantana Lovandula spp, Lavender Leptospermum spp, Tea Tree Ligustrum texanum japanesePrivet Limonium perezii Sea Lavender Lonicerajaponica Japanese Honeysuckle (andcultivars) Meloleuca spp. Melaleuca Myoporum laeturn Myoporum Narcissus spp. Daffodil Nepeta faassenii Cotmont Oenothera spp. Evening Primrose Opunita spp. Cactus Osmanthus fragrens Sweet Olive Pelargonium peltatum Ivy Geranium Pittosporum spp. Pittosporum Plumbago ouriculato Cape Plumbago - continued - Fig. 2-17: Streetscape. Day Creek Boulevard ( Page 22 & 23 ) Site Location: Day Creek Boulevard iM a s t e r P I a n d Victoria Gardens Regional Center, Rancho Cucamonga 6 SETBACK MEXICAN FAN 0RNAlh1EN1'AI ESCAI PERIWINKLE WtNATA LONG BLADE ch. 2 Master Plan 23 MEXICAN FAN PALM- -11A ALM- ESCALLONIA LONG BLADE FESCUE ORNAMENTAL PEAR TURF -14A --- MEDIAN ROADWAY Victoria Gardens Regional Center, Rancho Cucamonga Street Plan. Day Creek Boulevard S' -1T 14' 1 r-17 SEANDERING WALE 41'AVERAGESETBACK Street Section: Day Creek Boulevard 0 M a s t e r P i a a 24 Master Plan ch 2 Fig. 2-18: Streetscape - Arbor Lane ( Page 24 & 25) Shrubs and Groundcover - continued Prunus caroliniano Carolina Cherry Punica granota Pomagranate Rhaphiolepsis indica India Hawthorn Rhus integrifolia Lemonadeberry Rhus lourino Laurel Sumac Rhus ovate Sugarbush Ribes spp. Gooseberry or Currant Romneya coulteri Matilija Poppy Rosa spp. Rose Rosmarinus spp. Rosemary Salvia spp. Sage Santolina spp. Santolina Sisyrinchium bellum Blue-eyed Grass Solanum jasminoides Potato Vine Strelitzia spp. Bird -of -Paradise Trachelospermum jasminoides Star Jasmine Trichostema lanatum Wooly Blue Curls Verbena spp. Verbena Viburnum tines Laurustinus Vinca spp. Periwinkle Wisteria spp. Wisteria Xylosma congestum Xylosma Yucca spp. Yucca Zauschneria spp. California Fuchsia Wildflowers Botanical Name Clarkia amoeno Collinsia heterophylla Eschscholzia californica Lasthenia chrysostoma Loyia platyglossa Linanthus grandiflorus Lupins bicolor Lupinus nanus Lupinus nanus Nemophila menziesi; Orthocarpus purpurascens Phocelia campanularia Sisyrinchium bellum V PUKE T(EE fUANDPKE Street Plan - Arbor Lane M a s t e r P i a n Q Victoria Gardens Regional Center, Rancho Cucamonga l HEDGE Y ARM i a' LANDONPLANETREE ym SRRLES LANDSCAPE VIALA PIIWY. RESIDEN UL ch_ 2 Master Plan 25 NUUMAP wft LONDONPLANE:TIEE / — GROUNDCOVER Amon VINE fli TUR k � Vp4l1f 56' Street Section A - Arbor Lone t6' 1' ib* 6* T VALIC Street Section 8 - Arbor Lane Victoria Gardens Regional Center, Rancho Cucamonga 0 M a s t e r P I a n 26 Master Plan ch. 2 Fig. 2-20: Sketch ora mixed use Town Square Fig. 2-21 : Pedestrian oriented streets Fig. 2-22 : Generous active sidewalks Fig. 2-19 : A study sketch of Victoria Gardens, a series orintercannected open spaces on a grid system The grid system of streets in Victoria gardens is punctuated by a series of linked public spaces. These open areas have a variety of characters, ranging from the more formal hardscape of the Town Square, to informal "pocket parks". As pedestrians explore the Main Street district, this series of parks and squares provide memorable spaces along the streets, giving definition and character, places to pause, rest and meet, within the environment of Victoria Gardens. Although the Main Street district of Victoria Gardens accommodates the automobile, the streets and sidewalks are primarily oriented toward the pedestrian. Traffic calming measures are utilized to ensure that vehicles do not drive too fast. The streets have parallel parking, buffering the pedestrians from the traffic. Pedestrian crosswalks provide many safe opportunities for people to explore both sides of the streets. The sidewalks are the key element of the pedestrian experience of Victoria Gardens, They are wide enough to allow benches, street trees and outdoor seating, yet narrow enough to provide an intimate pedestrian experience. Awnings, blade signs, lighting and planting enliven the sidewalks. The buildings, while holding the definition of the street, provide a variety of setbacks at entries, arcades and shade structures creating an inviting informal pedestrian experience. Buildings along the street define the grid system of Victoria Gardens. No single architectural style is mandated for the Main Street district. It is intended that there is diversity in the architectural character of the buildings of Victoria Gardens, as if the downtown had been built and evolved over time. The architectural character of the downtown also responds to climatic conditions. M a s t e r P I a, n Q Victoria Gardens Regional Center, Rancho Cucamonga Fig. 2-23 � A conceptual study model o f shaded South MainStreet vista ending in a department store Along many of the south facing streets shading devices, e.g. colonnades, provide relief from the sun as well as depth to the building facades. Awnings and trellises add to the play of light and shadow. The combination of lush planting, water features and shade structures will give Victoria Gardens the feeling of an oasis in a desert. In addition to the diversity of architectural styles encouraged in the downtown there is also a diversity of massing. Vertically, there are accent elements and prominent roof forms at key locations and a variety of one and two level buildings. The massing of the buildings of downtown provide accents along the grid, aiding in orientation and providing architectural character to the public spaces. The massing and roof forms also provide a recognizable image of the downtown from the distance. Motorists along Interstate 15 will instantly recognize both the grid system and the prominent massing accents of Victoria Gardens, and perceive that this is a singular place with a distinctive character. The scale of the downtown is also articulated along the horizontal plane. bike a downtown that grew over time, Victoria Gardens has both small and large building footprints. This variety of scales gives small shops an intimate scale and allows major tenants to project a more prominent presence. The combination of scales is brought together as a harmonious medley of large and small, intimate and prominent, to produce a pedestrian experience that combines the order and hierarchy of the grid with the surprise and excitement of variety. ch 2 Master Pian 27 Fig 2-24 : Shading devices to respond to the warm climate Fig. 2-25: Diversity in massing and architectural character Fig. 2-16: A variety in footprint and massing Victoria Gardens Regional Center, Rancho Cucamonga 0 M a s t e r P I a n 28 Master Plan ch. 2 2.2b Residential Area Comfortable, convenient living in a vibrant atmosphere awaits residents of the apartment village component of the Victoria Gardens project. This pedestrian -Friendly community is nestled next to the new and exciting Victoria Gardens Regional Center in Rancho Cucamonga, with a full array ofshopping, dining, community, entertainment and night -life attractions. The main entrance to the town center opens onto the tree -lined streets that form the central promenade, from which no garages or common parking areas will be visible. The living units are situated within easy walking distance of Main Street shopping, while Merlot Street will form a buffer between the dwellings and the retail parking areas. Many living areas are within a couple hundred feet of retail shops. Numerous courtyard entries and well -landscaped pathways leading to City Walk will invite residents to the energetic world of the town center. Renters can relax by the luxurious pool or one of several spas, enjoy the deluxe recreation and fitness center or simply take pleasure from the easy life-style of their modern, highly convenient and comfortable home. Intimate greenbelts and peaceful walking gardens will offer a refreshing alternative to the busy world just outside. A wide range of unique and well-designed floor plans, with generous parking, caters to today's active life-styles. From two and three bedroom townhouses to the one -bedroom apartments located north of the central promenade, renters will find their personal taste and style reflected in quality neighborhoods. 2.2c Route 66 Area and Eastern Areas These areas, which are on the south side and the east side of Victoria Gardens, are commercial and office areas that are linked to the Main Street Area and are more automobile -oriented than the Main StreetArea. 2.2d Civic/Parking Area This area, which is on the north side and east of rhe Residential Area, contains public parking and a public safety facility. M a s t e r P I a a 4 Victoria Gardens Regional Center, Rancho Cucamonga ch. 2 Master Plan 29 streetscape, parking and moving lanes of traffic Victoria Gardens Regional Center, Rancho Cucamonga 0 M a s t e r P I a n 30 Master Plan ch. 2 Fig. 2-28: Historic western towns laid out on a north -south street grid system 2.3. THE HISTORIC WESTERN TOWN The planning of Victoria Gardens is based upon historical precedents of town planning. The western town was based upon a street grid system, typically laid out by land surveyors, along the ordinal points of the compass. Thiswas simple for the surveyors, and it allowed easy orientation to residents and visitors alike. The city of Los Angeles originally was laid out in this manner. M a s t e r P I a p C Victoria Gardens Regional Center, Rancho Cucamonga ch, 2 piaster Plan 31 Frequently the counterpoints to the grid system were the result of an existing condition, such as an old game trail, the path of a river or creek, or unusual topographic conditions. These phenomena of nature gave the grid, and the cities that grew from them, theircharacter. Often in the historic drawings and photographs of the western town, the most prominent buildings were displayed around the town plan, as seen in fig. 2- 27. The character of the town was being described as a collection of interesting buildings that had been developed within the grid of streets. Drawings were representations of the town and were used to sell the town to people far away; the plans served as sales posters to those who might choose to migrate and settle in the town. Victoria Gardens, although a new development, seeks to follow the traditions of an historic western town. This is an area with a rich agricultural heritage, and a downtown might have grown here to serve the commercial needs of the farmers, vintners and ranchers of the area. To clarify the feeling of the Main Street district of Victoria Gardens, and to give meaning to the urban design 2-29 : Eastern Sierra: Trees follow creek and creates ribbon of green 'A. Victoria Gardens Regional Center, Rancho Cucamonga 0 M a s t e r P I a n 32 Master Plan ch. 2 5)""674913- Ov"OP'f; M S4 AS MNJ�sY 4aV1tE Fig. 2-30 : The shade tree canopy used as an entry device, concepts that define the master plan, the following narrative describes a scenario that might have occurred to create this commercial center. 2.3a The Growth of a Town Prior to settlement by immigrants, a creek made its way from the glacial morraine of the mountains down into the dry valley of Rancho Cucamonga. This creek created a "ribbon of green" and provided water for the early settlers to farm the and valley. A small town, laid out on a grid system by surveyors, began at the widest point of the creek, centered on a town square. The early settlers planted trees along the Creek Road as a windbreak and to provide shade as they drove their wagons from the fields into the town. The town's first buildings served the commercial needs of the area's farmers, and were constructed of thick walls with arcades and trellises that provided shade. Some of these original buildings that were built near the creek remain today on the Town Square. In the late 1800 to 1930s the dirt road that farmers had used to transport their goods east and west became US Route 66, connecting Chicago to Los Angeles. This road brought visitors and new vitality to the downtown, which grew, adding restaurants and shops to serve the travelers. A diner and service station at the intersection of Route 66 and Day Creek became a landmark and signaled the turn into Victoria Gardens. M a s t e r P l a n Q Victoria Gardens Regional Center, Rancho Cucamonga Fig. 2-31 : The 1900s Fig. 2-32 : The 1930s ch 2 Master Plan 33 ------- - - - - -- - - -z f �' sa►w'm 1430'3 Victoria Gardens Regional Center, Rancho Cucamonga a M a s t e r P( a n 34 Master Plan ch. 2 As the population of southern California grew, Victoria Gardens became the commercial hub of the region. The historical buildings were renovated and new commercial and mixed-use buildings began to fill in the street grid. The "ribbon of green" along the old creek bed became Victoria Park Lane, connecting the downtown with the residential developments to the north. Fig. 2-33: Victoria Gardens today M a s t e r P I a n Q Victoria Gardens Regional Center, Rancho Cucamonga The opening of Interstate 15 added new access to the downtown. Department Stores and other retailers recognized the easy access to the surrounding areas, The downtown has continued to grow and its density has increased, adding new buildings in every decade. The center of the town has remained focused on the historic Town Square. The character of the town, although embracing a variety of architectural styles, continues to be defined by the "ribbon of ch, 2 Master Plan 35 Fg. 2-34 : Victoria Gardens overview of development aF 51aL.aE �8 TovJ 14 40V (*IP 0 +T ,IF W64 -F0104104 As `i3RjUwIf- -1b 'jam roam 6G ® �Lbx►%'nE► RE89oraaF4RtreM wt7F1 ��•t�+atopenrt�M��y L4s8 "RI�BD H G 41 t , Sunk 45IwAO9TFftS -rn Cg"jk Ib 111# -Nv4N sm"W& Ta 00"Iss" PdP•TMIL PON"moroF TP4lLW,%j /To" -%UAE TQw►+. av rt ml—MW OiL raval'opM� 1I Victoria Gardens Regional Center, Rancho Cucamonga ® M a s t e r P I a n 36 Master Plan ch 2 Fig. 2-35 : The interlinked issues ofparcel size, footprints, scale, grain and character green," the lush landscaping in the dry valley, and the shaded streets and walkways. Victoria Gardens remains a colorful garden in the semiarid environment to this day. 2.3b Parcelization, Scale and Character Had Victoria Gardens been developed in the early part of the century and been developed over several decades, today it would most likely have a very fine grain of development. Individual parcels of twenty-five, fifty or one hundred foot widths would have been sold to individuals to develop as they wished. This would have resulted in clusters of individual buildings, each with its own identity. This development of small parcels contributes greatly to the character and individuality of historical downtowns. Conversely, many developments of the late twentieth century have resulted from one owner accumulating large land holdings and building sizable buildings complexes with similar architectural style and character. The parcels for each building have usually been large and the character of buildings has often lacked diversity of scale and individual design. We propose that Victoria Gardens, while not as finely grained as an historic downtown, maintains some of the richness and variety that resulted from separate ownership of small parcels. Buildings are broken down into smaller segments, each with their own character. The grain of development at Victoria Gardens emulates the variety of a turn -of -the -century downtown while addressing the economies of scale of modern-day development. M a s t e r P I a n 0 Victoria Gardens Regional Center, Rancho Cucamonga ch. 2 Master Plan 37 low NIB II NilMINK 11 Fig. 2-36 : Grain Study: Old town equivalent . I i L — -- I . 'iftll 110% VLMW [lull Fig. 2-37 Grain Study: proposed Victoria Gardens Regional Center, Rancho Cucamonga 0 M a s t e r P 1 1 n 38 Master Plan ch 2 2.4 LANDSCAPE ARCHITECTURE The Landscape Master Plan describes the major landscape components and significant planting designs for Victoria Gardens. The Landscape Master Plan design is inspired by the viticultural heritage of the City of Rancho Cucamonga and the region's impressive agricultural past, Tawn Green Tawn Square Malcan Fan PalnCWashingeoda robud4A am I -aft FWr FVu%c;dW anaTradl,rd• MwlonFan Pa1nCW2Mir!9tolla mbud44k Smborn 6t"la iAelnalIs SandlQm •S.mad Sor Twd to than Fan Pa#nWashingboata nsbudO& Aldan umac'Wus loco;* # Lan sonSa lAdGtmLB+oyptus ctddoral Calramb hppmrvm C5cl1h.n mdki GrtwmatblF'sar(Pytusolaryav•Ilmds¢Fr�a? AttarnXe 9raslbn Poppar¢chFza lzimbinM glILO nr22lbnliappor(5tfilrustw�mdrdhrdlusj CMnenElm (Ulma pzWola4 Oda Patm IPhosa be sbctylltltol London PnnoTmI tallareaaarrdlal Ater mbs 1. tsdlanLu[�al Ro fflcus nftsay Altamata2Camphor 03 mamph=) IYlationFanPatn(rwahln�lasfl6ustip * BaWlnbpurpunza Cmalaptnpl(f:kCMtalatashintm K • .Ci wUamh=rdb,Komharbodahpnnab,ImamuterhpanlOJ12b, Layutroamlaspp. Launts ne Wll�. WjndlaVadWera, oma auquiq n wonizcanrbnst, Runs spp4 QFarcus spp., Mirlaamb" Idahoara�• Fig. 2-38 : Landscape master plan M a s t e r P I a< 0 C Victoria Gardens Regional Center, Rancho Cucamonga IDYLLWILD AVENUE S OT 4 ON , 11 - 7! 4 Dl- ON , 11 Dl- 40 Master Plan ch. 2 Fig. 1-40: Cultural heritage: fruit trade The planting palette for Victoria Gardens was chosen to establish a strong, memorable landscape based on these iconographic, agrarian images and complements Victoria Community's existing plant inventories, streetscapes and planting themes. The Landscape Master Plan creates a refuge of nature for a unique Southern California colony. 2.4a Historic Precedents The evolution of the Southern California Landscape began austerely and auspiciously around the time of the Spanish occupation of California in the late eighteenth century. The Spanish explorers who arrived in California by way of Mexico brought with them a rich and diverse cultural heritage dating back over three hundred years. The role of the Spanish and their missionary systems blessed with Southern California's temperate climate led to the founding of the mission garden, the adobe ranch and the pueblo. These successions ultimately evolved into a remarkable pastoral Iife-style that has endured and endeared in the hearts and minds of Californians for generations. M a s t e r P t a n a Victoria Gardens Regional Center. Rancho Cucamonga ch. 2 Master Plan 41 Fig. 2-41 : Cultural heritage_ orchards The concept of the garden as an enclosed space was essential to the mission and the ranch house, a tradition based on Persian and Moorish influences and reinforced through Mexican experience. California's garden history was also affected by the subsequent arrival of American immigrants, particularly in the late nineteenth century, where the plowed field and bedding gardens initially replaced much of the older Spanish and Mexican garden architecture. Bythe early twentieth century, however, Californians sought out Southern European garden traditions in search of more appropriate models for California living. By the late nineteenth century rapid advances in train travel opened routes that connected urban centers as well as rural sires. Land division forproperty ownership grew logically from geometric plotting of agricultural crop fields into rectilinear house construction and town planning. Patio gardens containing apples, pears, olives, figs and oranges, herbs and flowers for the altars naturally inspired larger courtyard plazas and gardens. Victoria Gardens Regional Center. Rancho Cucamonga m M a s t e r P I a n 42 gaster Plan ch. 2 Fig. 2-42 : Cultural heritage: forming The use of water also governed the physical organization of the mission, house and rancho, an attitude present in the land allocation practices of the Law of the Indies in which resources were allocated for the benefit of the larger community as well as conservation. In this design, a gridiron plan containing pueblos were arranged around a plaza with orchards and communal pastures fed by irrigation channels. As a result of these developments, the Southern California region experienced phenomenal growth and prosperity from the 1850's through the 1930's, particularly in agriculture and wine making. The Cucamonga Valley was no exception, having had a long history of wine making in addition to its rich agricultural heritage. In the 1920's the region was home to one of the largest vineyards in the world, over 6,000 acres. The Cucamonga Valley agrarian industry had flourished at the turn of the century, prompting aggressive promotion campaigns. By 1902, publications of the Ontario -Cucamonga - Etiwanda Colonies described picturesque travel through the San Bernardino Mountains arriving at arcadian destinations surrounded by orange and lemon groves, vineyards and snow-capped vistas, settling in the gem of the foothills. M a s t e r P l a n Q Victoria Gardens Regional Center, Rancho Cucamonga 2.4b The Master Plan It is the unique aesthetic of the Southern California landscape that has inspired the design of the Landscape Master Plan for Victoria Gardens in the City of Rancho Cucamonga. Victoria Gardens is part of a larger 2,100 acre community master plan called Victoria, and represents the symbolic and actual heart of this planned community. The Victoria site sits in a valley at the base of the San Bernardino Mountains, The gentle slope of the land rises up to the foothills from Route 66 to Baseline Road. The rich, alluvial soils have supported vineyards and orchards, palm groves and windrows for over a century. The Victoria Gardens site is bounded by Day Creek Boulevard to the west, Church Street to the north, Victoria Gardens Lane to the east and south. Victoria Gardens also encompasses a site east of Victoria Gardens Lane (referred to as the Eastern Area) and the site south of Victoria Gardens Lane fronting Foothill Boulevard (referred to as the Route 66 Area). The rectilinear grid of the site plan provides the Master Plan with flexible building blocks averaging 300 feet square, reinforcing the alignment of the greater residential precincts of Victoria. The Main Street concept allows a mix of uses and a diversity of spaces within the urban plan. The landscape is intended to be a community amenity supporting the town center's architectural design. The Landscape Master Plan describes the overall landscape concepts and general planting designs for Victoria Gardens. Plant materials were selected based on historic precedents, borrowed from the landscape heritage of the region and existing inventories within the community and consistency with the existing street tree master plans forVictoria. The streetscape consists of a series of hierarchical layers designed to complement the unique character of each street based on the architectural Master Plan. Planting is used for shade, color, rhythm, skyline vistas to frame distant mountain views, understory pedestrian scaling and compatibility with the master plans for Victoria. As stated earlier, individual garden areas within the project will address specific themes based on the region's landscape heritage. ch, 2 Master plan 43 Fig. 2-43 : Landscape providing shade against the hot summers Victoria Gardens Regional Center, Rancho Cucamonga 0 M a s t e r P I a n 44 MasterPlan ch.2 3 f Fig. 2-44. Water Features 1. West Plaza 2. Town Green 3. Town Square 4. South Plaza S. East Plaza 6. Entry Court 7. Entry Court a. Entry Court 9. Entry Court 10. Entry Row; North MainStreet 11. Entry stow; South MainStreet 4{41Giplf*M ...,. 2. 12r 4. '.'.' k WON meri. 8. M'3irA�E �JIrMr ,v k 9L ; .n I I 3A Jr fiYlt'IIJl. �Lp 4�F� � Fig. 2-45: Parks & Plazas 2.4c Squares Plazas & Courts The plazas and courts for Victoria Gardens are unique in their design. The plazas and courts in Victoria Gardens are excellent places to introduce water as a central element of their composition. Coupled with the Landscape Master Plan plant palette, the plazas and courts are designed to emulate the agrarian planting of the region. The Town Square, Town Green and South Plaza are the largest and most important central spaces in theproject. They are the symbolic and actual heart of Victoria Gardens. The Community Square serves as the physical link and terminus to the Victoria Arbors Victoria Park Lane Trail. London PIane Trees will flank the space, visually connecting the Plane Trees north of Church Street. Arbors will frame both sides of Arbor Lane at the pedestrian sidewalks at Church and Merlot, marking the entries to the residential neighborhoods and urban core of Victoria Gardens and facilitating the natural movements of pedestrians from Victoria Arbors' central promenade. M a s t e r P l a n Q Victoria Gardens Regional Center, Rancho Cucamonga 46 Master Plan ch. 2 Fig. 2-46. Parking Courts The Town Green may also include a demonstration garden where various plants are designed and Iabeled to provide an educational as well as an emotional connection to the cultural and historic landscape of Rancho Cucamonga. Water features may playa role in reflecting the use of irrigation as contributing to the development of the City's prominence. The Town Square is situated between North Main and South Main on axis with Victoria Gardens' community building. Core retail buildings and a major department store terminating the paseo. TheTown Square will include a central water feature, with trees such as Chinese Elm Trees, planted in a grove. The trees will line the drive lanes flanking the Town Square, creating an alley of canopy trees. The entry courts to the major department stores and commercial buildings will continue the landscape themes for Victoria Gardens. M a s t e r P T a n Q Victoria Gardens Regional Center, Rancho Cucamonga RiPRM7�TAlf1 ilk Z 3. 4. �. 5, 1EAriw I 6, EL ' -1 r swr►f Wilt 6rlmC7 1� pall's RF-0;41va I9L 15 16 Tl, Fig. 2-46. Parking Courts The Town Green may also include a demonstration garden where various plants are designed and Iabeled to provide an educational as well as an emotional connection to the cultural and historic landscape of Rancho Cucamonga. Water features may playa role in reflecting the use of irrigation as contributing to the development of the City's prominence. The Town Square is situated between North Main and South Main on axis with Victoria Gardens' community building. Core retail buildings and a major department store terminating the paseo. TheTown Square will include a central water feature, with trees such as Chinese Elm Trees, planted in a grove. The trees will line the drive lanes flanking the Town Square, creating an alley of canopy trees. The entry courts to the major department stores and commercial buildings will continue the landscape themes for Victoria Gardens. M a s t e r P T a n Q Victoria Gardens Regional Center, Rancho Cucamonga ch. 2 Master Plan 47 2.5 THE SIGNAGEPLAN I. Introduction The purpose of the following Uniform Sign Program is to establish a coordinated exterior signage program that affords the project prominent identification while achieving a unified overall attractive appearance. Also, controlled way finding and identity signage is a major factor in creating and preserving the design character of the overall project. The way finding and identity graphics of the project play a major role in the unification of the project as a whole. With the numerous varied program elements the graphics work to link the elements together, not to create a feeling of one large development, bur rather to help the visitor navigate through an urban environment. The graphics, Iike in many similar urban environments, help to create a sense of orientation for the first time visitor, and a sense of familiarity and comfort for those that return often. While the architects and planners are concerned with the broader issues of space and circulation, the graphics are often times focused on the specific details of those spaces. These details come in many forms, shapes, and sizes such as special paving patterns, handrails, banners, sculpture, fountains, and public art - all adding a layer of detail and information that sets the mood of the project. Add to this shapes, color, images, objects, and typography, and this equals a place that brims with energy and interest. Victoria Gardens Regional Center, Rancho Cucamonga 0 M a s t e r P I a n 48 Master Plan ch 2 -�glllllll sit is i 11 01MM31#11tt 3'C1 !"""•� !" of --.3:„�lhlllll llllllll ���iuil +Ful�i'1 ` I Z � "� I - —Vi.cis 9-5ar tarn I � '� �• � �.+f/�'-.-.tet --AW th11 -81vc!ARO.0-ti-: Fig, 2-47: Exterior Graphics Programming M- A/Kl�' A[MII T[i[T3� sarivamt7 iilAilf iU�Wp L s+r ias�[rcn �aauw�[r�rsa� �� r,/ .r ./ • S � iJ Pa11�AT�TG1114M'�►YTiL3i11iII1• r- ,f.�� j �°j,/ [ � � s[ptlL3[,lY [gWttti4luUp r#'Lw�Ys�ri[1ri[rT r • fr �i + VtWum Smw Wgimown � rtu wx mA= t=r=au F 0 int;1Xw7 TIXww% $am" Art rWAM �� # strc N=AVM SWU= NIS-- .-- M a s t e r p 1 a A 0 Victoria Gardens Regional Center. Rancho Cucamonga II. Way finding and Identity Signage Design The overall character of the signage and graphics for Victoria Gardens is one of an urban nature that reflects the variety and uniqueness of the proposed architecture. In general the signage will be of a small scale that reflects more of the pedestrian scale of an urban environment rather then a larger vehicular - scaled approach that is more reminiscent of suburban shopping environments. The graphics will be very integrated with the architecture rather then applied on afterwards so as to convey an element of growth over time along with the evolution of the architecture. The variety and uniqueness of different signs will come into play with the tenant signs themselves, while the consistency of the graphics will come from the site pageantry, way finding sign system, and directories. Materials for the signage will relate to and reflect the quality materials used throughout the architectural development. Rather than large monolithic pieces, the pedestrian friendly signage will take on more detail and integration with public art -like pieces. Overlaid on the graphics will be the sense of history and heritage that will establish this development as a unique environment, rooting it in its place and in the community, providing for numerous opportunities for public art that reflect the surrounding areas. Sign Type A: Major Vertical Site Identity Located along the freeway and at major urban entries to the area, the major site identity monuments are at an urban scale relating to the speed of the vehicle. They are intended to be viewed from the car at relatively high speeds and will have no pedestrian interaction. These monuments take on a civic landmark approach, and as such will be more sculptural or artistic in nature and potentially be reflective of the heritage of the area. They will be between 35' and 70' tall depending on their location and contain the name of the project, Victoria Gardens, along with a logo or icon of the project and the names of the major tenants. ch. 2 Master Plan 51 and Identity Victoria Gardens Regional Center, Rancho Cucamonga 0 M a s t e r P l a n 52 Master Plan ch 2 The letter height with the name of the project and the tenants will be no greater than 48" tall. The individual letters of the logo may be internallyand or ground lit. Two locations from the three identified on Fig. 2-46 will be selected for this type of signage. However, the sign that is located on the northeast corner of the Eastern Area (adjacent to the intersection of the I-15 Freeway and Church Street) will be permitted if authorized in a Development Agreement with the City. Sign Type B: Primary Project Gateways and Identity The vehicular entrance gateways and identities will be wall -mounted plaques with raised letters identifying the project name. They will be located on either side of the major roadway entrances on masonry pylons or "neighborhood" markers and will be at a scale appropriate to be read from within a vehicle, but not a large or overstated scale. These gateways will be very "architectural" in nature to reflect the entrances to historical neighborhoods and shopping environments. Theywill directlyreflecr the nature and character of the buildings within the urban center. The gateways will also have many pedestrian scaled design elements such as decorative metal work, integrated decorative tile, and possibly seating areas. Illumination of the identity plaques will be from the ground or from a wall mounted external source and will not be internally illuminated. This will set the tone for the less suburban, and more urban pedestrian approach to the graphics and lighting. Fig. 2-50: Sign Type B: Primary Project Gateways and Identity M a s t e r P I a n Q Victoria Gardens Regional Center. Rancho Cucamonga Sign Type C. Secondary Neighborhood Gateways and Identity Similar to the primary vehicular entrance identities, the secondary pedestrian entrance identities will also be mounted plaques with raised letters identifying the project name or neighborhood area. They will be located on either side of the major sidewalk entrances or on one side only on a masonry pylon or "neighborhood" marker and will be at a scale appropriate to be read from a pedestrian's point of view or slower car speed. They will appear to be a part of the site work rather than an attached afterthought and will be externally illuminated as well from the ground or wall mounted fixtures. These identity markers are similar in appearance and possible material usage to the primary project gateways, but are at a smaller scale to relate to the residential area which they identify. Materials, like the primary gateways, will be built of mostly masonry with accents of decorative metal work and integrated tile or other colored elements. While the primary gates will be large in scale and more "architectural", these secondary neighborhood identities will be more like over -scaled gateposts. ch. 2 Master Plan 53 Fig. 2-5I : Sign Type 0 Secondary Neighborhood Gateways and Identity Victoria Gardens Regional Center, Rancho Cucamonga 0 M a s t e r P l a n 54 Master Plan ch 2 Fig. 2-52 : Sign Type D: Vehicular Scaled Directionals Sign Type D: Vehicular Scaled Directionals Located at major vehicular intersections, these directionals guide the visitor in the car to different areas of the site, such as to the theaters, offices, major anchors, plazas and other amenities. These directionals typically have no more then six listings with arrows. Any more has a tendency to overwhelm the driver with too many choices. The signs are often one sided, with text facing the flow of oncoming traffic. These are located on the site in strategic locations to also act as identity markers for pedestrians to enter the project once they have parked their car. They serve a dual function of keeping the cars moving and also identifying key locations and passages. These directionals will be between 10' to 18' tall and approximately 3' wide with 7': high type. They will not be too wide to block any sight lines into the retail development. The signs will be constructed of layered painted metal with decorative dimensional metal accents or cut outs that reflect the historical or heritage theme of the site. The project name will be located on the sign in a smaller, more understated way so as not to detract from the listed directionals_ The names themselves will be of a reflective vinyl on a painted metal backing and the external illumination will be from the ground or on the sign itself. M a s t e r P I a n 4 Victoria Gardens Regional Center, Rancho Cucamonga Sign Type E: Pedestrian Scaled Directionals This sign type is used to direct the pedestrian to different parts of the site as well as the slow moving vehicle once they are in the project. For the vehicle, this smaller scaled sign is located on secondary and tertiary streets to guide the car into specific hard to see parking areas or to valet and drop off areas. For the pedestrian the sign is located along major paths of travel on the sidewalks and in gathering areas or courts to guide them to additional areas. This adds to the comfort factor for the guest. These pedestrian blade signs also point the way to amenities such as public restrooms, security, information booths, elevators and ramps, and major urban landmarks. The signs will be pole mounted with various blades of text and arrows or mounted to the buildings with decorative metal brackets. The materials for these directionals will be painted metal supports and blades with vinyl type or individual dimensional letters. These directionals will also have incorporated in them decorative metal cutouts and elements that help link the signage together with the architecture and landscape of the project. They will have small scaled elements that reflect the history and heritage of the area along with possible educational information to add a level of discovery and uniqueness to the project as a whole_ Some of these signs may also be incorporated as overhead directionals of painted metal and dimensional letters and integrated into the architecture in key passage locations. ch. 2 Master Plan 55 a Fig. 2-53: Sign Type E Pedestrian Scaled Directionals Victoria Gardens Regional Center, Rancho Cucamonga 0 M a s t e r P I a n 56 Master Plan ch. 2 Fig 2-54 : Sign Type E- Pedestrian Scaled Directionals Sign Type F. Project Directory and Community Board The project directories will be located in four key areas throughout the site in areas where people are gathering. They are intended as more then just a map of the development, but rather are conceived of as community boards where upcoming events could be posted or space provided for tenant promotions. The pieces will be fabricated out of painted metal with decorative and layered accents that again are reflective of the overall theme or character of the urban area. The individual panels will be internally illuminated for visibility at night M a s t e r F l a n Victoria Gardens Regional Center, Rancho Cucamonga ch. 2 Master Plan 57 Fig. 2-55 : Sign Type F. Project Directory and Community Board and the artwork changeable. The size of the directories is approximately 4' square in plan and 10' tall, but is dependent upon how many promotional panels are incorporated. Victoria Gardens Regional Center, Rancho Cucamonga 0 M a s t e r P I a n 58 Master Plan ch. 2 Fig. 2-56 : Sign Type G Building Mounted Project and Tenant Identity Sign Type G: Building Mounted Project and Tenant Identity Signage What will be a very unique element to the graphics program of Victoria Gardens are the large scaled building mounted project and tenant identity signs. These will be selectively located on the parapets of key buildings at particular locations throughout the site, and will be reflective of an era and heritage of signage that is reminiscent of historic urban environments and, like Route 66, historic travel routes. The signs will be large scaled individual letters mounted to a light exposed painted metal framework attached to the parapet or roof. Illumination of the individual letters will either be by external fixtures mounted to the roof, or exposed neon that outlines the individual letters themselves. The lighting of M a s t e r P I a n C Victoria Gardens Regional Center, Rancho Cucamonga ch_ 2 Master Plan S9 Fig. 2-57: Sign Type sa Building Mounted Project and Tenant Identity the signs will not have any movement or blinking aspects, but be tastefully done to reflect historic precedents in other urban applications. The size of the letters will range in height from G' tall to 12' tall depending upon their location. It will be encouraged to locate this type of signage along designated areas of the retail streets to the life-style/entertainment area. This will enliven and be appropriate to this retail and entertainment street experience and notdetract from the residential and other components of the overall project. In addition this will include large scale tenant or project identity letters mounted to the building facades such as the office and retail buildings and a large marquis for a theater is applicable. Victoria Gardens Regional Center. Rancho Cucamonga 0 M a s t e r P I a n 60 Master Plan ch 2 Fig. 2-38 : Sign Type H: Sponsored Murals Sign Type H: Sponsored Murals Another unique element to the graphics program of Victoria Gardens are the building mounted murals and public art pieces. These sponsored murals will be painted directly on to the sides of some of the buildings with large blank areas in key visibility areas. This approach to graphics blurs the boundaries between advertising and public art. Some of the locations will be reserved for public murals and art, while others used for sponsorship opportunities. There is much historic urban precedent in this approach to signage and this will assist in the creation of an eclectic urban environment that also promotes change and evolution over time. The murals and art pieces will be of a significant size to assist in the breaking down of the scale of large blank walls, somewhat inevitable in urban projects and retail developments. Materials used will be either paint or large scale digital printing with external illumination. M a s t e r P l a n C, Victoria Gardens Regional Center, Rancho Cucamonga ch. 2 Master Plan 6 ( Fig. 2-59: Sign Type f: Site Pageantry Sign Type I: Site Pageantry Site pageantry consists of fabric or metal banners that are attached to either the light poles or building facades throughout the project. They are a part of the graphic theme of the project and may include the projects name and/or logo, holiday or special event greetings and are not intended for display of tenant graphics. The location of the site pageantry will be concentrated along the main north and south retail streets of the project and at major entrances to thesite. Victoria Gardens Regional Center, Rancho Cucamonga 0 M a s t e r P I a 11 62 Master Pian ch_ 2 Fig. 2-60: Sign 1 Sign Type J: Site Regulatory Signage The street and passage name identities will be in the form of traditional, but custom, street signs that will be freestanding or mounted to a pole light. Signs will be either metal or vinyl letters mounted on a metal framed plate. The design of the signs will be reflective of the heritage theme of the overall project. An alternative method of signage will be to mount the street/passage signs made of ceramic tile or stone directly on the corner of the adjacent building structures or along the curbs and sidewalks. This method of signage would be coordinated and integrated into the building's architectural design. The other site regulatory signage that consists of the stop signs, parking signs, handicap parking signs, service areas, etc. will also have some elements of custom design similar to the street identirysigns. M a s t e r P I a n a Victoria Gardens Regional Center, Rancho Cucamonga Sign Type K: Reader Board An electronic reader board may be located at some point along the edge of the project with freeway exposure. This should be incorporated in the design of a major vertical sign Identity (Type A). It would be placed to identify upcoming cultural events in the project. It will display anchor tenant names. The name of the project, Victoria Gardens, will be located on the top of the sign with individual internally illuminated letters of about 18" in height. The reader board will be two sided. Sign Type L: Specialty Project Identity Graphics On the site or on nearby parcels it may be necessary to create unique project identity graphics for the overall development that blur the boundaries between public art, sculpture, and graphics. Some examples of these might include large (up to 12' tall) individual letters that spell out "Victoria Gardens" across a wide landscaped area, sculptural pylons or other urban -scaled site markers that might be up to 40' tall located at identity points, or large sculptural logo elements that help to identify the project. In general, these graphics are less like identity signage with actual text, but more directly linked to large scaled public art pieces that help to create a unique environment, and at the same time assist in the identityof the project boundaries or entrances. ch. 2 Master Plan 63 Fig. 2-61: Sign Type K. Reader Board Fig 2-62: Sign Type L Speciality Project Identity Graphics Victoria Gardens Regional Center, Rancho Cucamonga 0 M a s t e r P l a n 64 Master Plan ch. 2 -',.,_ 'North WainStreet 5o%I ,MnStreet k. 2.6 URBAN DESIGNIDEAS The urban design diagram summarizes the design objectives and qualities of downtown. The subsequent diagrams attempt to objectively analyze the layout, evolution, grain, walkability, open spaces and other patterns of downtown. Together these qualities help define a sustainable, cohesive, walkable, connected, spatially pleasant and vibrant downtown. The diagrams will aid both parties involved; the architect to achieve contextual design and the city to ascertain if the desired objectives are being met. } Town Square Town G teen L� Awn _ r L7, ! = t•� A �• Vktoria G ens Lane t� t== Foot hl II Br+rd route 66 Fg.2-63 : Urban Design Diagram M a s t e r P I a n C Victoria Gardens Regional Center, Rancho Cucamonga ch. 2 Master ?Ian 65 Main Streets/ Shopping and Open Space: The retail streets run primarily easr-west between Day Creek boulevard and Victoria Gardens Lane. The shopping is concentrated on North MainStreet and South MainStreet and the interlinking north -south streets. Town Green and Town Square form the heart of the development and they are strategically located at the intersection of 660 Street J Town Square Town Green F ILL.. -An If _ - Victoria tardens Lane Foot hil 1 Blvd./Route 66 LL Arbor Lane and North MainStreet. Fig. 2-64. Main Street as Fubiic Open Space Victoria Gardens Regional Center, Rancho Cucamonga Q M a s t e r P l e 0 66 Master Plan ch. 2 W U M r Figure Ground: The "figure ground" diagram is a comparison of the built mass of buildings with open space. Toachieve an urban sense of development, the built program needs to line and define streets, squares and other open spaces. This spatial definition gives open space a sense of enclosure and in turn gives each building a space to activate. The grain of development is important. We seek a grain that emulates that of traditional town development patterns and which adds variety, rhythm and interest to the street. I a if o� a CtaineE ■ Orth i� ME .RuthMaInStreet # � NU a a i M W r l 41 Town Square Town Green Legend Black rebuilding Whft 172a9 otherspace Fig. 2-65: Figure Ground Diagram M a s t e r P I a n (E Victoria Gardens Regional Center, Rancho Cucamonga th 2 Master Plan 67 Reverse figure ground:This diagram highlights the open spaces in the town center, including the streets. The diagram demonstrates the sense of'openness', and whether spaces have enough of a sense of enclosure as defined by the surrounding buildings. The pattern here shows clearly the Town Green and theTown Square, the hierarchywithin the streets and spaces, and the buildings that define the spaces. It further shows the relationship of the Main Streets to smaller streets and their spatial definition bybuildings. Fig. 2-66 : Reverse Figure Ground Diagram Tamm Squam -- — Tawe Grein Lq2mid Whft:MbLd1dfng all pace Victoria Gardens Regional tenter, Rancho Cucamonga a M a s t e r P I a n Vistas: This diagram shows the visual corridors created in the layout and the resulting siting opportunities. The green Arbor Lane is extended south into the heart of the town center to North MainStreet. This vista is ended with the community building on Town Green and the retail building on North Main. Two department stores take advantage of two other vistas on South MainStreet and Town Walk East and West by being the termination of the view corridors. In addition, the community retailing area at Shiraz and North MainStreet is the terminus of a vista along Shiraz to the north from South MainStreet. Town Square Y Town Green Church Street up 7 1 � H i 1�11AnS ieet � a ,..r �.....LF 19 #= 4 a f �L' Victoria -Ga Mini Lane yr: Foot itloutie66 f' Fig. 2-67: Vistas M a s t e r P I a n a Victoria Gardens Regional Center, Rancho Cucamonga ch 2 Master Plan 69 Layout and Access: The Main Street Area has six main points of access: two from Day Creek, one from Victoria Gardens Lane onto North MainStreet, one along Arbor Lane (pedestrian) from the north, one from Route 66 onto Shiraz Street and one from Pinot off Victoria Gardens Lane. These access points provide an opportunity to create a sense of arrival by forming gateways -CtiuWStreet F - k 2Ir4r Town Square Town Green tis' JIM 4� r Victoria ens Lane f A i i Y tri t. . J Foothil BhrdAouie 66 with landscaping, signage and buildings. Fig. 2-68: Layout and Access Diagram Victoria Gardens Regional Center, Rancho Cucamonga 0 M a s t e r P I a n 70 Master Pian ch. 2 Key Landscape Features: Landscape elements on Arbor Lane in the Residential Area act as entrance designators and define open space. On North MainStreet, South MainStreet and Victoria Gardens Lane, they help define gateways into the town center. In the Main Street Area, landscaping helps define and embellish courtyards and squares. In the Eastern Area, landscaping links North Main and Merlot to the Area, highlighting major entry points. In the Route 66 Area, landscape features, with the help of the built program, helps establish a presence on the streets and sets up an entry sequence onShiraz. Fig. 2-69: Key Landscape and Water Features Ue Landscape Wafter features Foot Ml lvdIROLrte 66 M a s t e r P l a n 4 Vittoria Gardens Regional Center. Rancho Cucamonga ch. 2 Master Ptan 71 Civic and Open Space: This diagram illustrates the importance of the civic buildings and spaces to the plan of downtown. The Community Center, together with the Town Green, reinforce the center of the development. The Community Center and police substation are Iocated on Arbor Lane, a neighborhood street which directly connects the town center to the residential neighborhoods to the north. The Community Center will most likely include a library, a community center, and a children's theater. - - — Cultural Center Town Square Town Green Churc1� 5free[ Police Substation L ivortl,�nSaeet _- :..-.i',L Md S4MaInStreet __._, r` I Vicbrla Gardens Lane vy f Foot Bute 66 Fig. 2-70: Civic and Open Space Diagram At. A Victoria Gardens Regional Center. Rancho Cucamonga 0 M a s t e r P# a n m _ t -- A Vicbrla Gardens Lane vy f Foot Bute 66 Fig. 2-70: Civic and Open Space Diagram At. A Victoria Gardens Regional Center. Rancho Cucamonga 0 M a s t e r P# a n 72 Master Plan ch 2 Open Space Pattern: This drawing maps the courtyards, squares, and small open spaces in the town center and shows the relationships and hierarchies among them. The spaces have a variety of characters and sizes and arespread throughout the Main Street Area. The pattern of the public spaces, with the help of the rich streetscapes in the Area, reinforces the heart of Victoria Gardens - the Town Green and the Town Square. Town Square Town Green 1 Fig, 2-71: Open Space Pattern Diagram M a s e e r P I a n IC Victoria Gardens Regional Center, Rancho Cucamonga 74 Master Plan ch. 2 M a s t e r f l a" R Victoria Gardens Regional Center, Rancho Cucamonga ch, 3 Design Guidelines 7►3 DESIGN GUID Victoria Gardens Regional Center, Rancho Cucamonga 0 M a s t e r p I a n 74 Design Guidelines ch. 3 y RES PUBLI IAS`^ PIP CiViTA5 T R u £ �N I, Fig. 3-2 Rob Krier: Structuring the city with the streets, the blacks, and landmarks Fig 3.1 Key plan with Architectural Landmarks 3. DESIGN GUIDELINES The design guidelines are divided into three sections: commercial and mixed- use buildings, residential buildings, graphics and signage. Guidelines are intended to guide the designers of various elements of the Victoria Gardens environment. They are meant to help in the creation of particular buildings and signs, as well as to assist in the integration of each piece into the larger ideas for the overall town center. They are not prescriptive and they are nota substitute for architectural, landscape, or graphic design. Design guidelines also serve as criteria for evaluation and discussion by the City concerning design o[individual buildings and signs. 3.1 ARCHITECTURAL LANDMARKS An aerial view of the commercial and mixed-use buildings identifies several buildings, which assume the visually important role in the town center as an architectural landmark. Each of the landmarks has particular features which make them distinctive and the following descriptions are guidelines for their design: M a s t e r p l a n 4 Victoria Gardens Regional Center, Rancho Cucamonga 3.Ia Neighborhood Retail: For the area that is characterized by shops that primarily serves the surrounding neighborhoods, the landmark is the facade treatments of the buildings. A triangular plaza is shown in the plan with a similar pilaster rhythm on the facades of the buildings on each side. The rhythm gives a definitive structure to the relatively smaller stores, ties together the buildings and the open space, and is appropriate to the neighborhood scale. 3.1b Corner Treatment: Special corners are created to address an important intersection, which help to designate the place and to direct people onto each of the retail streets. Elements of the landmark include a combination of the following: corner entrances, windows with transparency, sculptural features in the facades, height and roof variation. Fig 3.1a Fig 3.1 b 3.1c Residential and Institutional Corners: Residential and possible institutional buildings, such as the police substation, at the corners on Arbor Lane should be built at the Permissible Building Area lines in order to help make the transition from the more residential areas to the civic and Fig 3.1c commercial areas of Victoria Gardens. 3.1d Community Building: The community building, which possibly could have a library and a community/ children's theater as part of its program, Fig 3.1d should respond to its two important edges - the Town Green on the east and the Town Square to the south. Entrances, entrance elements, activity areas and windows should be oriented towards the Town Green to offer maximum activity and interest to the space. The north -south vista should be culminated with a vertical design feature of appropriate scale. Entrances and windows should be located on this south facade, if possible. ch. 3 Design Guidelines 75 Victoria Gardens Regional Center, Rancho Cucamonga 0 M a s t e r p I a n 76 Design Guidelines ch.3 3.1g East Town Square: The building is the eastern frontage ofTown Square and is the building at the end of the view corridor of Arbor Lane. It fronts onto a grand public staircase to the north, which is the at the edge of Town Green. An imageable roof form could dramatize this vista down the grand stairs. The west facade could have a loggia, wide enough for chairs and tables, and wide enough to serve as a tempering device for the western sun. 3.1h West Town Square: On the west side of Town Square, this building should respond to two issues: a) The facade should align with the west wall of Town Walk West, and b) A majestic scale for the facade should be achieved in order to respond to the size of the square. M a s t e r p I a n 4 Victoria Gardens Regional Center, Rancho Cucamonga 3.1e Corner along steps: A landmark is created by the building corner/ edge on the Town Green and North MainStreet. It should be seen as a linking element connecting residential, office, civic and retail functions and it should ' •� accommodate level changes. The design of the corner/ edge should be treated sculpturally and should dramatize the changes in level. Fig 3.1 e 3.1f North MainStreet on the Square: The buildings on the north sideof North MainStreet are also on the north side ofTown Square. Three attributes of this building make it unique in Victoria Gardens: a) A level change to the north allows the possibility ofsecond level access from the community building, 1�� b) The level difference to the north and resulting views suggest an imageable 4 roof structure, and e} The Town Square on the south allows a majestic loggia ' F'g3.lf with a special facade below, where viewing and being viewed would create another level of vitality. 3.1g East Town Square: The building is the eastern frontage ofTown Square and is the building at the end of the view corridor of Arbor Lane. It fronts onto a grand public staircase to the north, which is the at the edge of Town Green. An imageable roof form could dramatize this vista down the grand stairs. The west facade could have a loggia, wide enough for chairs and tables, and wide enough to serve as a tempering device for the western sun. 3.1h West Town Square: On the west side of Town Square, this building should respond to two issues: a) The facade should align with the west wall of Town Walk West, and b) A majestic scale for the facade should be achieved in order to respond to the size of the square. M a s t e r p I a n 4 Victoria Gardens Regional Center, Rancho Cucamonga 3.1i Town Walks East & West: This area with these two small streets is similar to two paseos, acting as the connector between the Town Square on North MainStreet and South MainStreet. The buildings on both sides of the plaza add a sense of rhythm to the space, achieved with recurring elements on the facades and rooflines, e.g. trusses, columns, eaves, awnings and other shading devices, paving patterns, lighting structures, and colors. The two buildings in the center between the Town Walks should be special buildings, treated as pavilions with maximum transparency and openings on four sides. A sculpted roof form, possibly with skylights, would further enhance the character of these pavilions. 3.1j Corner Entry: A corner entrance at a major intersection on North MainStreet is a visual lure to the eastern part of the Main Street Area. The entry could be part of a cinema complex or another entertainment venue. 3.1 k At the End of South MainStreet: A large entry element ofa department store forms the end of the South MainStreet view corridor. The scale of the entrance element needs to reflect the importance of its site, and it should employ size, material, color, transparency, and lighting to make a great building. 3.11 South MainStreet Facades: Special facade treatments are proposed for both sides of South MainStreet in this one block, accentuating the buildings along the frontages and the vista towards the department store, with rhythm, shadow lines and carved volumes. 3.1m South MainStreetatTownWalksEast& West: These twosmall streets end on South MainStreet at a widened area of South MainStreet and at the entry court of a large multistory store. Fig 3.1 i ch. 3 Design Guidelines 77 Fig 3.1 k Fig 3.1 It Fig 3.1m Victoria Gardens Regional Center, Rancho Cucamonga 0 M a s t e r p l a n •= - Fi 3.l -n g y 3.1n Corner Treatment: At the western entrance to Victoria Gardens on South MainStreet, these special structures at the corners could serve as an icon for the town center. 3.2 BUILDING TYPOLOGIES Based on their sites that buildings occupy in the town center, the buildings have been divided into four typologies. The following guidelines elaborate on the qualities that make each typology an effective contributor to the experience of Victoria Gardens. 3.2a Main Street Buildings: These retail buildings constitute the frontages on the two major retail streets of the town center. With street widths of more Fig. 3.2a than 70 feet, these buildings should have heights that vary and are not lower than 20 feet, in order to provide an effective sense of enclosure. The scale of the building widths and the roof forms of the buildings should create variety of massing. Fig. 3,2b Fig 3-3: Intimate pedestrian scale M a s t e r p I a n Q 3.2b Town Walk Buildings: TheTownWalksatTown Square are small scale streets that are less than 50 feet wide. The buildings that line the Walks should reflect an intimate, pedestrian scale, using signs, entrances, awnings, and storefront windows. Surfaces that are perpendicular to the building facades are quite visible, so that design elements such as blade signs, facade relief, shadow lines, and surface textures should be employed. 3.2c Buildings on Town Square: Situated on the main square of a small downtown, these buildings automatically have prominence. The quality of building materials, the roof forms, and the dimensions of parapets, openings and awnings, should reflect the status of a Town Square building. With a dimension of approximately 180 feet for the Town Square along North MainStreet, the buildings have a unique and generous forecourt. 3.2d Community Building(s): The planned community building and other community buildings such as the police substation have a relationship to both the commercial and residential uses on the site. The entrances and open spaces of the community buildings should be prominent and should be accessible and visible. The buildings should be able to respond to the changing needs of the community with expansion and renovation. The Victoria Gardens Regional Center, Rancho Cucamonga materials chosen should have a sense of permanency and at the same time should age gracefully. 3.2e: Mid -rise Building(s): Mid -rise is defined as a building which is divided at regular intervals into occupiable levels not to exceed 160 feet in height. These buildings are typically taller than the maximum height which people are willing to walk up and therefore requires mechanical vertical transportation. These types of buildings include building uses such as residential, hotels and office buildings 3.3 BUILDING MASS AND VOLUME 3.3a The project is on a site that has a grade change of 65 feet from high in the north to low in the south. The site is seen from a freeway along the south and east that is raised about 25 feet above adjacent grade. Therefore, the buildings will be seen from different angles and heights. The building forms should be treated in a three dimensional, sculptural way, with the possibility of a variety of roof forms. In addition, roofs need to be designed with visibility of equipment in mind. Equipment should be screened from street level and highway level viewpoints, with raised parapets, louvers, or other equivalent solutions. 3.3b Buildings should have a minimum height of 20 feet to the top of the roof and 24 feet to the top of the parapet or ridgeline. 3.3c Buildings should address the street and have doors and windows that open onto the street. Buildings should be built on the street edges, or Permissible Building Area Boundaries, and the range that building frontages can set back from the boundaries should be no more than three feet. 3.3d New buildings should relate to existing buildings by making reference to elements of similar scale and to parapet, cornice, lintel and sill lines. 3.4 DIVERSITY OF ARCHITECTURE Victoria Gardens is a town center with a mixture of use and an eclectic diversity of architecture. No one style or theme is predominant; it is an amalgamation of many styles that give architectural vitality and interest to thetown. 3.4a Diversity can be achieved in part by each building being designed for its particular site conditions, whether it is on a paseo, the Town Square, or main street. ch. 3 Design Guidelines 79 Fig 3-4: Diversity of Architecture Fig 3-5: Minimum height 20 feet Victoria Gardens Regional Center, Rancho Cucamonga a M a s t e r p I a n 80 Design Guidelines ch 3 Fig 3-6: Diversity in building exterior Fig 3-7: Variety of materia! choices 3.4b Diversitycan also be accomplished with a good mix of tenant and product types. The size and quality of the tenants, the indoor and outdoor display ideas, and the quality of the building exterior are all factors of design diversity. 3.4c Tenants within Victoria Gardens should be varied in their typical space requirements, the floor areas of the stores. A variety in the perceived scale of the development is dependent on the mix of tenants and tenant sizes. 3.4d No two adjacent buildings should have identical facade designs or colors. 3.5 EXTERIOR MATERIALSAND COLORS 3.5a Noone exterior material or color scheme should dominate the architecture of a street or open space in Victoria Gardens. Diversity and richness of architectural expression will be achieved with a variety of material choices that are seen in proximity to one another. Materials such as stone, wood, tile, concrete, metal and glass can be introduced in different facade treatments to ensure that a single material such as cement plaster is not dominating the palette. 3.5b A mixture of high quality materials in very visible places and in varying quantities can have a large impact on the perceived quality of the town center. It is important to choose the materials, textures, and colors carefully to receive maximum benefit. 3.5c The light quality is often muted in the Rancho Cucamonga region. A judicious use of intense colors, that can be seen in hazy light conditions, should be used to maximize the visibility of the architecture. M a s t e r p I a n C. Victoria Gardens Regional Center, Rancho Cucamonga 3.6 CLIMATE PROTECTION 3.6a Given the hot summer weather, buildings should contribute towards the creation of shaded walkways, using awnings, canopies, loggias, colonnades and other similar devices. 3.6b Awnings should be at a minimum height of 8 feet in height above the pavement level. They should extend a minimum of 3 feet and a maximum of 10 feet from the building into the sidewalk space. 3.6c Colonnades and covered walkways should have soffits that are at a minimum height of 10 feet and the clear walking width should be at least 8 feet clear. 3.6d Shading devices should be designed as an integral part of building facades and should be integrated into the aesthetics of the architecture. - 3.6e A variety of materials, with a sense of permanence, should be used for shading devices, e.g. wood louvers, glass and steel canopies. At the same time, more temporary materials that exploit the qualities of light with their transparency, like matte Finished fabrics used in awnings, should be encouraged. 3.6f Shading devices and other parts of building design need to accommodate occasional strong winds. Protection for the user and for the durability of the building need to be considered. 3.7 ENTRANCESAND FENESTRATIONS Doors, windows, storefronts, and other light giving apertures are included in this set of design guidelines. Four basic purposes are served: entry, light to the inside and outside, display, and views. The intent of the guidelines is to enhance the qualities related to all four. 3.7a Each door leaf shall be a minimum of 7 feet high and 3 feet wide and doors in storefronts should be as transparent as possible. ch. 3 Design Guidelines 81 Fig 3-8: Covered walkways provide shade Fig 3-9: Transparent storefront Victoria Gardens Regional Center, Rancho Cucamonga 0 M a s t e r p I a n 82 Design Guidelines ch. 3 Fig 3-10: At feast 30% openings. 3.7b Openings at the ground level should add up to at least 30% of the total facade surface area. 3.7c Openings should be designed to maximize natural light into the building and to allow visibility of interior display from the outside. 3.7d Fenestration can give texture to a building with the aid of shade and shadow on facades. Older buildings often have a sense of permanence due to the thickness of walls, rich shadow lines, deep fenestration and cornice lines. To replicate this phenomenon in new buildings, openings should have a minimum depth of 3 inches. In other words, frames for openings should be set back 3 inches from the face of the building. 3.7e Glazing sizes should not be larger than 10 feet vertically and horizontally. Glazing should be interrupted by a joint or frame at least every 10 feet. Variety of aperture sizes and glass frame sizes gives variety to architectural expression. 3.8 EXTERIOR BUILDING LIGHTING Lighting that is visible on the inside and outside of a building contributes to the quality and mood of a building and can give it the sense of being inhabited and safe. 3.8a Exterior lighting should illuminate the overall building and focus on prominent features such as display and entry. 3.8b Building design should exploit the use of natural Iight with windows, skylights, light shelves and similardevices, minimizing dependence on artificial light. 3.8e The lighting strategy for Victoria Gardens should create an image of the town center as seen from the entry vantage points, such as from 1-15, Day Creek Boulevard and Church Street. 3.8d Materials and lighting that causes glare and unwanted reflections at eye level should be avoided. Indirect light can be used to illuminate buildings, walkways and public spaces without glare. M a s t e r p I a n 4 Victoria Gardens Regional Center, Rancho Cucamonga 3.9 BUILDING SERVICES 3.9a Service equipment located on roofs should be screened with louvers, parapets or similar devices. Screening should be integral to the architecture of the building and should not be perceived as an appendage. 3.9b Service areas and equipment at grade in Victoria Gardens, including mechanical, electrical, communications, emergency and transportation equipment, should be screened from ground level viewpoints. ch. 3 Design Guidelines 83 Fig 3-11: Colonnades create intimacy and serve climate protection Vittoria Gardens Regional Center, Rancho Cucamonga m M a s t e r p I a n 84 Design Guidelines ch.3 r qhs- ,t 4. {� 4 3.10 PRELIMINARY CONCEPT TENANT IDENTITY SIGNAGE Individual tenants will be encouraged to use a mixture of urban signage techniques. This includes signage on storefront awnings, signage on theglass storefronts and entrances, and dimensional blade signs. The tenant name above the entries in the sign band will be individual letters with no exposed neon and no internally illuminated box signs. Illumination will be from external decorative light sources. Dimensional signage will be encouraged to create a unique variety along the streetscape. A variety of blade sign designs will be allowed as well to create an eclectic mix, rather then a consistent theme to the blade signs which would detract from the urban variety. Fig 3-12: A variety of blade designs M a s t e r p l a n G Victoria Gardens Regional Censer, Rancho Cucamonga Viccoria Gardens Regional Center, Rancho Cucamonga 0 M a s t e r p( a n 86 Design Guidelines ch. 3 3.11 PROHIBITED SIGNAGE • Animated components, flashing lights, rotating of flashing signs, except for text and graphics on the field of a reader boardsign • Formed Plastic • Surface mounted, box cabinet signage • Freestanding Signs and Portable signs such as anysign designed to be moved form place to place • Balloon or inflatable signs • Signs which emit sound or odor or visible matter • Signs with exposed raceways, conduit, junction boxes, transformers • Fluorescent or reflective sign orcolor • Simulated materials, i.e. wood grained, plastic laminate, wall coverings, paper, card board or Styrofoam • Plexi -face Channel Letters M a s t e r p I a n Q Victoria Gardens Regional Center, Rancho Cucamonga ch. 4 Development Standards 87 DEVELOPMENT STANDA9'A Victoria Gardens Regional Center, Rancho Cucamonga 0 M a s t e r P II a n SIS Development Standards ch_ 4 rll.ruKGat. 1 Permissible Building Areas Fig 4-1 Permissible Building Areas M a s t e r P I a n Q Victoria Gardens Regional Center. Rancho Cucamonga ch 4 Development Standards $9 4. DEVELOPMENT STANDARDS 4.1 PERMISSIBLE BUILDING AREAS The Master Plan for Victoria Gardens has areas dedicated to streets and open spaces and areas that are defined as "Permissible Building Areas." Boundaries have been established for building and non -building areas in those parts of Victoria Gardens that do not include publicly owned streets and open space. Essentially, there are four districts or areas that comprise the total Victoria Gardens Regional Center: Victoria Gardens Regional Center, Rancho Cucamonga 0 M a s t e r P l a n 90 Development Standards ch. 4 4.1a The Main Street area (Main Street Area), bounded by Day Creek Boulevard, Merlot Street and Victoria Gardens Lane; 4.1b The predominantly residential area (ResidentialArea), bounded by Day Creek Boulevard, Church Street, Merlot and Arbor Lane; and 4.1c The Route66 predominantly commercial area (Route66Area), bounded by Day Creek Boulevard, Foothill Boulevard (US Route 66), Interstate Highway 15, and Victoria Gardens Lane; 4.1d The eastern mixed-use area (Eastern Area), bounded by Church Street, Victoria Gardens Lane, and Interstate Highway 15. 4.1e Civic/Parking Area, bounded by Church Strcer. Mcdor Street, Arbor Lane. and 11avillion Gardens PI The Permissible Building Areas Plan shows the areas in which buildings can be built. The boundaries of the Permissible Building Areas also define the areas for streets, which are shown in the next section with plan and section drawings. The Permissible Building Areas describe the pattern of town blocks, which creates the development framework for Victoria Gardens to be a pedestrian -friendly, walkable town center. The total site area of Victoria Gardens is comprised of a gross area of approximately 174 acres, and without the inclusion of the right-of-way of Victoria Gardens Lane, a net area of approximately 165 acres. The total Permissible Building Area in square feet of gross building floor area is 2,502,000, which is allocated within the four districts of Victoria Gardens with approximately the following total area: Main Street Area: 2,128,800 sf Commercial/Office/Hotel 90,850 sf civic 385 dwelling units Residential Area:? 1 ti dwelling units Route 66 Area: 95,700 sf Commercial/Off ce Eastern Area: 185,500 sf Commercial/Office Civic/Parking Area 10,000 sf Civic Surface parking lot of 506 parking space or Surface parking and two-level parking structure with 869 parking spaces M a s t e r h J a a C Victoria Gardens Regional Center, Rancho Cucamonga 92 Development Standards ch 4 Makan Fan Pain (1Ahshtn_gM2 mbusml 8 I>radlbdPaar rFVwaIWryanaI8rxrasrl Makan Fan Pain (IAhshh9tW12 mbbstal 6 muu►amllRagnnla(wyndlagrandllera'Ssnwdsenuncr} ----- LinkanFin Palm CM%ht 3twilambuoial6 Ar Af c n9Umac(Mustancsal E� G 0 r LnmenSmnt dGumOluaypna ctddcfay [ylnnlaPappvl►aacScrlrtusmdlop JYlnmatae�am�lan�ir Pp�rpannn�amarhliih J Bradltln Popper (5dinusfanldrtthlkdludr }r` ChhmEtn(Ufmm pafWfollal Oats Palnflwa7adadyltlral JI rf `� LandatPlannlb MUffmawrallal r 'f AtemAs 1: Milan cw fQU;* r'• - r`�`�r ,; AlUmam2:CamPIMPnmmatilanamphora) �--� r 0. nedon Fin Pilin IWmhingtunk mbUA* 3 �{ BahlntapeCasslaIopp�phylta,ChAalpatashLanEglsb, Jzz2n aml,.cd la,10milu dablplrrm4IQnInxAndapanla.dad, Lagarsboardaspp latrus romWil , Maynada Wa ftem Ma etaglas4Phorn6t taagdaratr, PNnus spµ,Quenus sp Roblelaamb" Idah Fig 42 : Streetscapes Keyplan M a s t e r P I a n Q Victoria Gardens Regional Center, Rancho Cucamonga ch. 4 Development Standards 93 4.2 STREET LANDSCAPE TREATMENT The street landscape treatment consists of a series of hierarchical layers designed to complement the unique character of each street. Trees are used both as landmarks at focal areas of the project, and as shade -creating elements of the streetscape. The Key Plan for street sections indicates the location of the street section drawings that follow. The section drawings show the width of roadways and sidewalks, parking, medians and building locations. Some of the more important features of the street drawings are that they show the different character of each street, the large areas dedicated to pedestrians, theon-street parking on almost every street, and the shading provided by tree canopies. The different tree species create hierarchy at the overall project scale, and variety at the human scale. The peripheral planting is designed for visibility and image and is therefore the highest. Moving towards the center, the trees are lower in height and chosen for shade and response to the pedestrian scale. Moving from the periphery to the center, the four categories of tree plantings are a. Mexican Fan Palms & Date Palms, b. London Plane Trees, c. Lemon Gums and d. California Peppers. The street landscaping concept may be implemented as follows: Victoria Gardens Regional Center, Rancho Cucamonga 0 M a s t e r P I a n 94 Development Standards ch, 4 i11I I l L� 14T9_r� ,Yr 4.2a Mexican Fanl'almsandDate Pahw - Day Creek Boulevard (section A) BRADFORD PEAR MEXICAN FAN PALM 'rr t ' MEANDERING CONCRErE WALK INDIAN .HAWrHORN � STAR JASMINE DAY CREEK BLVD, LOOKING NORTH — � 8'-17 10' 8'-17' 47 T 41' AVERAGE SETBACK t0 .i f K PARKING LOT W SETBACK 30'SMACK - Victoria Gardens Lane (section Q MEXICAN FAN PALM _— ■Y' i r ESCALLONIA ?s PERIWINKLEW/NATALPLUM AFRICAN SUMAC CONCRETE WALK LONG BLADE FRESCUE 1�1T 5 - PARKING LOT VICTORIA GARDENS LANE LOOKING FAST 17' �i2'6" TO 15� 5� IY6'rO15' 5' is, I 12'BIKE LANE 33' I R.O.W. 45' I 30' TO 35' SETBACK M a s t e r P I a n C Victoria Gardens Regional Center, Rancho Cucamonga - North MainStreet and South MainStreet @ Day Creek Boulevard (section B) The planting for these entries consists of Date Palms three rows deep on both sides of North and South Main from Day Creek to A Street. Groundcover will be planted at the base of the palms, which will be wrapped by a Privet Hedge along the perimeter of the planting area. 18 Y— ... — 45, MIN. cv- —'- ;16, - South MainStreet between B and C streets (section D) The planting consists of Date Palms on both sides of South MainStreet from B to C Street. Groundcover will be planted at the base of each palm, at least five feet square to the curb face. A sidewalk with a maximum width of 15 feet occurs on both sides of the street. SHRUB PLANTING AT BASE DATE PALM P.B.A. 9' 6' 13' 26' g 6' g' P.B.A. BUILDING I BUILDING 15' 34' 23' SIDEWALK SIDEWALK Victoria Gardens Regional Center, Rancho Cucamonga ch. 4 Development Standards 95 0 , SOUTH MAINSTREET ENTRY LOOKING EAST SOUTH II-WNSTREET LOOKING FAST ( @ crosswalk one side ) ® M a s t e r P I a n 94 Development Standards ch_ 4 1 V rT=- - Merlot (section M) The planting for this street consists of Mexican Fan Palms. Groundcover will be planted at the base of each palm, five feet square to the curb face on the north and south side of the street. A 14 foot wide sidewalk occurs on the north side of the street and a 12-15 foot wide sidewalk is on the south side of thestreet.The sidewalk will be natural gray concrete with a retardant or exposed aggregate finish, with sawcur joints at every five feet on center. ME)aCAN FAN PALM SHRUB PLANTING PARKING LOT ATEASE a MERLOT LOOKING EAST -� J S' 5' 40. - s 15 (2-g' I `t— 17. 10' 12'-15' 78' SIDEWALK SIDEWALK Cabernet (section G) The planting for this street consists of Mexican Fan Palms. Groundcover will be planted at the base of each palm, six feet square to the curb Face on the north side of the street. A 12-15 foot wide sidewalk occurs on the north side of the street. The sidewalk will be natural gray concrete with a retardant or exposed aggregate finish, with sawcur joints at every five feet on center. M a s t e r P l a n Q Victoria Gardens Regional Center. Rancho Cucamonga MEXICAN FAN PALM Y s SHRUB PLANTING AT BASE F.B.A BUILDING 6'- 9'1 _6' } : 34' 121-15, 42' SIDEWALK 9' FINGER END ISLAND HEAD IN PARKING PARKING LOT - Beaujolais (section K) The planting for this street consists of Mexican Fan Palms. Groundcover will be planted at the base of each palm, six feet square to the curb face on the west side of the street. A 12-15 foot wide sidewalk occurs on the west side of the street. The sidewalk will be natural gray concrete with a retardant or exposed aggregate Finish, with sawcut joints at every five feet on center. MEXICAN FAN PALM SHRUB PLANTING AlBASE /- FINGER END ISLAND HEAD IN PARKING P. B. A �-gimnimr—� b, 12'-I5' 42' ch 4 Development Standards 9S �f CABERNET LOOKING EAST BEAUJOLAIS LOOKING NORTH Victoria Gardens Regional Center, Rancho Cucamonga 0 M a s t e r P I a n 96 Development Standards ch. 4 film., il�-- �u�=i��a j ill _ If�ll�• 4.2b London Plane Tree - North MainStreet (Sections E and F) The planting for this street consists of London Plane Trees. Groundcover will be planted at the base of each tree, at least five feet square to the curb face on the north and south side of the street. A sidewalk with a maximum width of 15 feet occurs on both sides of the street and it can be wider if there is no parallel parking. The sidewalk will be natural gray concrete with a retardant or exposed aggregate finish, with sawcut joints at every five feet on center. 20°}0 of the total area for paving for this street will include unit paving material, such as stone, the or brick. NORTH MAINSTREET LOOKING EAST (@ Parking) LONDONPLANETAEE AT BASE P.B.A 9' 1 6' 1 a' 1 26' 8' 1 6' 1 9' P.B.A BLfIDIIdG is, PARALLEL PARKING I is, j MJX DING SIDEWALK I 42' ! SIDEWALK LONtDON PLANETREE SHRUB PLANTING AT BASE NORTH MAINSTREET LOOKING EAST ( @ Crossing) P.B.A. 1 9' 1 6' 8' 26' 8' 6' 91 1 P.B.A. BUILDING23'26. 1 BUILDING SIDEWALK SIDEWALK M a s t e r P I a n C. Victoria Gardens Regional Center, Rancho Cucamonga ch. 4 Development Standards 97 - South MainStreer (section Q The planting for this street consists of London Plane Trees. Groundcover will be planted at the base of each tree, at least five feet square to the curb face on the north and south side of the street. A sidewalk with a maximum width of 15 feet occurs on both sides of the street. The sidewalk will be natural gray concrete with a retardant or exposed aggregate finish, with sawcut joints at every five feet on center. 20% of the total area for paving for this street will include unit paving material, such as stone, tile or brick. See section D for street section between B and C streets. LONDON PLANE TREE SHRUB PLANTING AT BASE SOUTH MAINSTREET LOOKING EAST -all -L v e y P.B.A. 4' S' g� 26' s, 6,1 9-1 P.B.A. ( @ Parking) BUILDINGBUI DING 15' PARALl.ELPARKBVG 75' SIDEWALK j 42' I SIDEWALK Victoria Gardens Regional Center, Rancho Cucamonga m M a s t e r P I a n 48 Development Standards ch. 4 Ff 7Q 1�' T - ,nm_ -J11 i .. 1111 -E F. _ - Ell ARBOR LANE LOOKING NORTH . -1t PINOT LOOKING N KTH - Arbor Lane (section Q) The planting for this street consists of London Plane Trees with groundcover. A sidewalk occurs on both sides of the street. Material finishes for the sidewalk may include natural gray concrete with a retardant or exposed aggregate finish rte• �_� �--.� with sawcut joints. LONDONPLANETW S UNE AWaR A ENM - Pinot (section J) The planting for this street consists of London Plane Trees. Groundcover will be planted at the base of each tree. A 12-15 foot wide sidewalk occurs on both sides of the street. The sidewalk will be natural gray concrete with a retardant or exposed aggregate finish, with sawcut joints at every five feet on center. 100-o of the total area for paving for this street will include unit paving material, S HRU11 PLAN71 KOM a _� a'-yi a' 9' 2B�i�_ S. l i' -V Rew $�EFIG 17- 5 FAVAUELFAMNti . 11, -is, I WMW- SCEWuK 47 UDEMLLK M a s t e r P l a n Q Victoria Gardens Regional Center, Rancho Cucamonga ch. 4 Development Standards qq Iii rrri l li�I�FI 11i�Ff11f lflw. 4.2c Lemon GumsL - Shiraz (section 1) �i0. The planting for this street consists of Lemon -Scented Gums. Groundcoveri�;Ii will be planted at the base of each tree, five feet square to the curb face. A 12- 15 2-15 foot wide sidewalk occurs on both sides of the street. The sidewalk will be natural gray concrete with a retardant or exposed aggregate Finish, with sawcut joints at every Five feet on center. 10% of the total area for paving for this street will include unit paving material, such as stone, rile or brick. At the intersections of Shiraz at North Main and South Main, accent trees will be planted at the four corners of the street in the extended islands that create the pedestrian crosswalks. These planter islands will consist of perennials and shrubs whose selection and color arrangement reflects the natural colors and textures of the heritage winery plantings used in the region. LEMON SCENTED GUM SHRUB PLANTING - AT BASE ®111A ,IM SHIRAZ LOOKING NORTH �w B' -11' 4' 1 S' 1 26'8' 4' 8' -11'1 p,B,A 12'- Ili' _I PARALLEL PARKING 12'- W SID WAL1% SIDEWAL 42' 1: Victoria Gardens Regional Center, Rancho Cucamonga 0 M a s t e r P I a n 100 Development Standards ch. 4 1_ A STREET LOOKING NORTH' 8 STREET LOOKING NORTH M a s t e r P I a n Qi 4.2d California Peppers - A Street (section H) The planting for this street consists of California Peppers. Groundcover will be planted at the base of each tree, 5 feet square to the curb face except at parking areas where the planting area is 8 feet wide to the curb face. A 12-15 foot wide sidewalk occurs predominantly on the east side of the street. The sidewalk will be natural gray concrete with a retardant or exposed aggregate finish, with sawcut joints at every five feet on center. SHAUBPLANTIIVG AT BASE PARKING LOT g�� 45' 1 9' 10' - II' 12'- IS' SIDEWALK - 13 Street (section (section P) The planting for this street consists of California Peppers. Groundcover will be planted at the base of each tree, 5 feet square to the curb face, except at parking areas where the planting area is 8 feet wide to the curb face. A 12-15 foot wide sidewalk occurs predominantly on the east side of the street. The sidewalk will be natural gray concrete with a retardant or exposed aggregate finish, with sawcut joints at every five feet on center. LIFORNIA PEPPERTREE "Irk }rp4, ��S\ f art V{\��t t1.` .rffr `t •�' f SHRUB PLANTING AT BASE CAR 9' 26' I C.B.A. BUILDING SID WALK CALIFORNIA PEPPER TREE I SHAUBPLANTIIVG AT BASE PARKING LOT g�� 45' 1 9' 10' - II' 12'- IS' SIDEWALK - 13 Street (section (section P) The planting for this street consists of California Peppers. Groundcover will be planted at the base of each tree, 5 feet square to the curb face, except at parking areas where the planting area is 8 feet wide to the curb face. A 12-15 foot wide sidewalk occurs predominantly on the east side of the street. The sidewalk will be natural gray concrete with a retardant or exposed aggregate finish, with sawcut joints at every five feet on center. LIFORNIA PEPPERTREE "Irk }rp4, ��S\ f art V{\��t t1.` .rffr `t •�' f SHRUB PLANTING AT BASE CAR 9' 26' I C.B.A. BUILDING SID WALK - C Street (section O) The planting for this street consists of California Peppers. Groundcover will be planted at the base of each tree, 5 feet square to the curb face, except at parking areas where the planting area is 8 feet wide to the curb face. A 12-15 foot wide sidewalk occurs on both sides of the street. Angled parking will occur on the west side of the street. The sidewalk will be natural gray concrete with a retardant or exposed aggregate finish, with sawcut joints at every five feet on center. CALIFORNIA PEPPER TREE W/SHRUB PLANING AT BASE ORNAMENTAL PEARTREEIN PARKING LOT 1 P�'nP4A"°" ch_ 4 Development Standards 101 - D Street (similar to section P) The planting for this street consists of California Peppers. Groundcover will be planted at the base of the tree, in a planting area 8 feet wide to the curb Face. - E Street (similar to section P) The planting for this street consists of California Peppers. Groundcover will be planted at the base of the tree, in a planting area 8 feet wide to the curb face. - North MainStreet, between Pinot and Victoria Gardens Lane (section R) The planting for this street consists of California Peppers. Groundcover will be planted at the base of each tree, b feet square to the curb face, except at the median occurring between Pinot and Beaujolais, where the planting area is 20 feet wide to the curb face. A sidewalk with a maximum width of 15 feet occurs on both sides of the street. Angled parking will occur on the south side of the street. The sidewalk will be natural gray concrete with a retardant or exposed aggregate finish, with sawcut joints at every five feet on center. r CALIFORNIA PEPPERTREE C STREET LOOKING NORTH NORTH MAINSTREET LOOKING EAST P.B.A 9'-1-6 21' 2D'P.BA- BUI DING 15' 70'-8" " is, 1 _BUS ING SIDEWALK PARALLEL MEDIAN �I-- -� SIDEWALK PARKING 45 DEG. ANG PKG. Victoria Gardens Regional Center, Rancho Cucamonga m M a s t e r P i a n 102 Development Standards ch. 4 r'! RESIDENTIAL AREA _ -. CIVIC AREA AND PARKING r„ �a 90 Max. Wpht Limit O,r,ra� V .. t �• r�or�l.i:<eiwtFvvio�Rat�riEae_ Figure 4-3, Main Street Building Weights, as set forth below, is hereby added to Chapter 4 of the Victoria Gardens Master Plan 126' Average Height wJ160' Max Urnit FIOURE 4.3 Proposed Building Height Restrictions within the Victoria Gardens Mosier Ptan M a s t e r P t a n Q Victoria Gardens Regional Center, Rancho Cucamonga nvo too sr FIOURE 4.3 Proposed Building Height Restrictions within the Victoria Gardens Mosier Ptan M a s t e r P t a n Q Victoria Gardens Regional Center, Rancho Cucamonga ch 4 Development Standards 103 4.3 LAND USES Uses listed in the following table below shall be permitted or prohibited within each of the defined districts (ser forth in diagram 4-1 of the Victoria Gardens Master Plan) as indicated in the columns. Those uses not specifically listed in the table below shall be subject to a comparable use determination according to the provisions of 17.02.040 of the Development Code. If the use is not found comparable, the use shall be prohibited. Where indicated with the letter "P", the use shall be a permitted use. Where indicated with the letters "PD", the use shall be a permitted with the approval of the Planning Director pursuant to the procedures and requirements of Sections 17.02.050, 17.06.010(C)(2), and 17.06.020 of the Development Code. Any decision by the Planning Director to approve or deny such a use may be appealed in accordance with Section 17.02.0$0 of the Development Code. Where indicated with the letter "C", the use shall be a use permitted with approval of a conditional use permit in accordance with 17.04.030 of the Development Code. Where indicated with an "N", the use shall be prohibited. Use Main Route Eastern Residential Civic Parking Street 66 Area Area Area Area Area A. Offices and Related Uses 1. Administrative and executive offices P P P N N 2. Artist and photographic i studios, not including the sale of equipment and supplies P P P N N 3. Clerical and professional offices P P P N I1 4. Financial services and i institutions a. Financial services and institutions without drive—through P P P N N b. Financial services and institutions with drive— through N P P N N Victoria Gardens Regional Center, Rancho Cucamonga 0 M a s t e r P I a n 104 Develooment Standards ch 4 Use Main Route Eastern Residential Civic Parking Street 66 Area Area Area Area Area 5. Outpatient Medical, dental, and related health services (non -animal related), including laboratories and clinics; only the sale of articles clearly incidental to the services provided shall be permitted. P P P N N 6. Public services (City and County buildings, special districts, and post office) P P P N P 7. Public utility service offices P P P N 8. Related commercial uses (blueprinting, stationary, quick copy, etc.) when incidental to an office building or complex P P P N B. General Commercial Uses 1. Antique shops PD PD PD N 2. Animal grooming C C C N 3. Apparel stores P P P N 4. Art, music, and photographic studios and supply stores P P P N 5. Arcades (see special requirements per Section 17. 10.03OF - RC Development Code) C C C N 6. Athletic and Health Club, gyms, and weight reducing clinics P P P N 7. Automotive sales and services (including motorcycles, boats, trailers, and campers) a. Sales (New and classic cars) PD PD PD N b. Automatic washing in conjunction with an approved gasoline dispensing station or parking structure C C C N c. Service or gasoline dispensing stations C C C N 8. Bakeries (retail only) P P P N 9. Barber and beauty shops with the exception of Beauty schools P P P N 10. Bicycle shops with the exception of outdoor storage P P P N 11. Book, gift and stationary stores (other than adult related material) P P P N N M a s t e r P l a n a Victoria Gardens Regional Center, Rancho Cucamonga ch. 4 Development Standards 105 Use Main Route Eastern Residential Civic/Parking Street 66 Area Area Area Area Area 12. Candy stores and confectionaries P P P N N 13. Cleaners (drop-off and pick up only) P P P N N 14. Cocktail lounge (bar, lounge, tavern) including related entertainment PD PD PD N N 15. Commercial recreation facilities a. Indoor uses such as bowling, theaters, bi I l iards, etc. PD PD PD N N 16. Dairy product stores P P P N N 17. Delicatessens P P P N N 18. Drug stores and pharmacies P P P N N 19. Fast-food restaurants a. Fast-food restaurants with drive-through N P C N N b. Fast-food restaurants without drive-through P P P N N 20. Florist shops P P P N N 21. Food stores, specialty food and supermarkets PD PD PD N N 22. Furniture stores except repair and upholstery P P P N N 23. General retail stores a. General retail businesses - establishments engaged in the selling of first quality goods and merchandise (e. g. , apparel and/or accessories, shoes, books/magazines, electronics/ computers, department stores, cosmetics, food, home furnishings and accessories, etc.) to the general public for personal and household use and rendering services incidental to the sale of such goods. This definition shall not apply to outlets or businesses that focus mainly on selling closeout, liquidation, second quality, and/or overstock merchandise P P P N t, 24. Home Improvement Centers Victoria Gardens Regional Center, Rancho Cucamonga 0 M a s t e r P I a n 106 Development Standards ch 4 Use Main Route Eastern Residential Civic/Parking Street 66 Area Area Area Area Area a. Material stored and sold within enclosed buildings PD PD PD N N b. Outdoor storage of material such as lumber and building materials C C C N N 25. Hote I s a. Hotels with a cocktail lounge C C C N N b. Hotels with a day spa, salon, health & beauty PD PD PD N N c. Hotels without a cocktail lounge or day spa, salon, health & beauty P P P N N 26. Jewelry stores P P P N N 27. Laundry self-service as a service component of a residential development N N N C N 28. Liquor stores C C C N N 29. Day spa, salon, health & beauty PD PD PD N N 30. Music, dance, and martial arts studio P P P N N 31. Nurseries and Retail garden supply stores; provided all goods are kept within an enclosed area, and provided that seeds and fertilizer is stored in small packaged form only P P P N N 32. Office supply stores. P P P N N 33. Pet shop. P P P N N 34. Political or philanthropic head -quarters. P P P N N 35. Photocopy (retail) P P P N N 36. Restaurants (other than fast food), with indoor and/or outdoor seating. a. Without alcohol sales P P P N N b. With entertainment and/or cocktail lounge and bar. G G C N N c. Incidental serving of beer and wine but without a cocktail lounge, bar, entertainment, or dancing. P P P N N 37. Shoe stores, sales and repair P P P N N 38. Second-hand store C G C N N 39. Sporting goods stores P P P N N 40. Stamp and coin shops P P P N N 41. Tailor P P P N N 42. Thrift store C G C N N 43. Toy stores P P P N N 44. Travel agencies P P P N N M a s t e r P I a n G Victoria Gardens Regional Center, Rancho Cucamonga ch. 4 Development standards [ Q7 Use Main Route Eastern Residential Civic/Parking Street 66 Area Area Area Area Area 45. Transportation facilities a. Transit centers (structures or fixed locations where passengers transfer From one transit route to another) PD PD PD N b. Bus stops, bus stands, taxicab stands and stands for other passenger common -carrier motor vehicles designated by the City engineer (Section 10.48.040) P P P P P a Parking lots.:structures P N P C. Public and semi-public uses 1. Day Care Facilities PD PD PD N N 2. Hospitals C C C N N 3. Private and public clubs and lodges including YMCA and similar youth group uses C C C N 4. Educational institutions, parochial, private (including colleges and universities) C C C N N 5. Libraries & museums, public or private P P P N N 6. Churches, convents, monasteries, and other religious institutions C C C N N 7. Emergency Shelters C C C N N D. Temporary Uses I. Temporary uses as prescribed in Section 17.04.070 and subject to those provisions P P P N 2. Temporary office modules, subject to provisions in Section 17.10.030-F.3 C C C N 3. Farmer's Market P C C N N E. Residential Uses 1. Single -Family detached C N N P N 2. Single -Family attached (du-, tri -and four-plex) P N N P N 3. Multiple Family Dwellings P N N__r P N 4.4 SIDEWALK AND OUTDOOR USES The regulations applicable to sidewalk and outdoor uses, including the sale and display of merchandise, shall be as follows: • For the Main Street Area, sidewalk and outdoor uses, including the sale and display of merchandise, shall be permitted, provided that a Temporary Use Permit shall be required in accordance with Section Victoria Gardens Regional Center, Rancho Cucamonga 0 M a s t e r P I a n 108 Development Standards ch 4 17.04.070 of the Development Code if such sidewalk or outdoor use will continue for more than 60 day's • For the Route 66 and Eastern Areas, sidewalk and outdoor uses, including the sale and display of merchandise, shall be permitted in accordance with Section 17.10.030 `Use Regulations for General Commercial/Office Districts. M a s t e r P I a n R Victoria Gardens Regional Center, Rancho Cucamonga 4.5 HEIGHTS AND SETBACKS 4.5a Public Streets Except as stated in this section the setbacks from streets will follow the Rancho Cucamonga Development Code, Table 17.10.140-B — Setbacks, 1. Street yard setback, and the setbacks are to be measured from the face of ultimate curb locations. 4.5a-1 Day Creek Boulevard Between Foothill Boulevard (Route 66) & Merlot Street: Setbacks will be an average of forty-one (4 1) feet. 4.5a-2 Foothill Boulevard (Route 66) and Church Street: Except as stated in 4.B Residential Area Standards for Church Street, the setbacks will follow the Rancho Cucamonga Development Code, Table 17.10.140-B — Setbacks, I.a. Major/Special Boulevard, which has 45 feet of setback for buildings. 4.5a-3 Victoria Gardens Lane: Setbacks will be 30 to 35 feet between Day Creek Boulevard and Church Street, as shown in Section "L" on page 92. 4.5a4 Merlot Street and Arbor Lane: Merlot Street and Arbor Lane may be public streets; Merlot setbacks will follow Section "M" on page 94, and Arbor will follow Section `Q" on page 98. 4.5b Main Streets Area Building Heights within the Main Street Area shall be encouraged to vary in order to achieve diversity in architecture. Two building height zones of 90 feet and 120 feet shall be as indicated on Figure 4-3. In the 90 foot zone, the maximum building height shall be 90 feet. In the 120 foot zone, the average building height shall be no higher than 120 feet, and the maximum building height shall be 160 feet. Building height shall be to the roof level of the top occupied floor. Setbacks in the Main Street Area shall follow the plan for "Permissible Building areas," and have the following setbacks: • The Ground Floor of proposed buildings may be built to the Permissible Building boundaries along street and open space frontage. Additional setback from the boundary lines can be provided for entrances, parte cocheres, porticos, plazas, sitting areas, and similar architectural features. • Floors of proposed buildings above the ground level may be permitted to be built to the Permissible Building Area Boundary along street and open space frontages. 4.5c Residential Area (see Section 4.8) ch 4 Development Standards 104 Au��NuE Old advertisement depicting streets in Southern California Fig. 4.4a Fig. 4.4b Victoria Gardens Regional Center, Rancho Cucamonga a M a s t e r P I s n I I a Development Standards ch 4 ," 2y;..�� r ,ter t;�, •. a � t'trl110 M a s t e r P I a n a 4.5d Route 66 and Eastern Areas Building Heights shall be encouraged to vary in order to achieve diversity in the architecture. The height limit shall be 70 feet to the roof level of the top occupied floor, except for a project identification sign and communications equipment. Setbacks will follow the Rancho Cucamonga Development Code, Table 17.10.040-B - Setbacks, except char in no case shall the setback requirement for street yards or property lines be more than 20 feet for buildings, parking, and landscaping, unless otherwise noted in this document. 4.5e Civic/Parking Area Building and parking structure heights within the Civic and Parking area shall be limited to 30 feet in height in order to provide For a nvo level parking deck. Minor encroachments of up to 15 feet above the 30 foot height limit may be permitted For architectural features such as towers and spires. For accessory structures such as mechanical rooms, elevator shafts, etc. the encroachment may be permitted but shall not exceed the height necessary- for the structure to function as required by the Building Code. The maximum height of any light pole (measured from the bottom of the concrete base to the top of lamphead) when installed on the top deck of the parking structure shall be 15 feet. The maximum height of any screen wall on any part of the parking structure shall be 6 feet. Setbacks shall he 10 feet From curb face for all interior private streets and shall be 35 Feer from curb Face From Church Street. Minor encroachments into the setbacks of up to 10% may be permitted with a minor exception. 4.6 VEHICULAR ACCESS The vehicular access to Victoria Gardens from public streets, Foothill Boulevard (Route 66), Day Creek Boulevard, Church Street, and Victoria Gardens Lane are in the following places with the following characteristics (refer Fig. 6-2 on the inside back cover). 4.6a The Route 66 Area For the Route 66 Area, there is a right -in and right -out intersection on Foothill Boulevard at Shiraz Street between the 1-15 Freeway and Day Creek Boulevard. There is also a right -in and right -out intersection on Day Creek between Foothill and Victoria Gardens Lane. A full movement intersection (signalized) is at Shiraz and Victoria Gardens Lane, serving both the Main Street and Route 66 Areas, In addition, two (2) right -in and right -out intersections are on Victoria Gardens Lane, one between Day Creek and Shiraz and one to the east of Shiraz. Victoria Gardens Regional Center, Rancho Cucamonga ch. 4 Development Standards I I Lane, which serve both the Eastern and Main Street Areas, and each is aligned with a street into the Main StreetArea. One (1) intersection, North MainStreet, is a full movement intersection (signalized), and the other two (2), Merlot Street, and E Street, are right -in and right -out intersections. An additional intersection is potentially planned on Church Street east of Victoria Gardens Lane, to align with the residential street to the north of Church Street. This would allow right turns in and out and left turns in to the Eastern Area. 4,6c The Main Street Area For vehicular access to the Main Street Area, in addition to the intersections that also serve the Route 66 and Eastern Areas, there are three (3) full movement intersections from publicly -owned streets, one (I) partial movement intersection, and seven (7) right -in and right -out intersections. Along Day Creek there are full movement intersections at North MainStreet (signalized), a partial movement intersection at South MainStreet (half - signalized with full movement to/from the Main Street Area), and right -in and right -out intersections at Cabernet and Merlot. On Church Street there is a full movement intersection at Arbor Lane (signalized) and a right -in and right -out intersections at Shiraz Street and Beaujolais Street. Both Arbor Lane (signalized), and Shiraz serve the Residential Area as well as the Main Street Area, while Beaujolais serves only the Main Street Area. On Victoria Gardens Lane, in addition to the intersections that serves the Route 66 and Eastern Areas, there is a full movement intersection at Pinot Street (signalized) and three (3) right -in and right -out intersections at Beaujolais Street, D Street, and A Street.There are also three (3) curb cuts into parking areas along Victoria Gardens Lane on the blocks between Shiraz Street and D Street, D Street and Pinot Street, and Beaujolais Street and E Street. 4.6d Parking/Civic Area Vehicular access to the CiviclParking Area is provided via one (1) full movement signalized intersection at Church Street and Arbor Lane and one (1) full movement side-streer STOP controlled intersection at Church Street and Pavillion Gardens Place (Private). The area has a total of three (3) driveway entrances located on Arbor Lane, Cultural Center Drive (private), and Pavillion Gardens Place (private). All three (3) driveways are anticipated to provide access to Parking uses and the driveway on Arbor Lane will provide access for the Civic uses. Victoria Gardens Regional Center, Rancho Cucamonga 0 M a s t e r P 6* 0 112 Development Standards ch. 4 4.6 PARKING Parking will be in accordance with the Rancho Cucamonga Development Code, Chapter 17.12, Parking Regulations, modified as follows: 4.7a The amount of parking required by use in the Main Streets Area shall be as follows: Retail, Food Service and Cinema: 4.5 spaces per 1,000 square feet of gross leasable area for the first 1,250,000 gross square feet, and 4.25 spaces per 1,000 square feet of gross leasable area for any area over 1,250,000 gross square feet. Office: 3.0 spaces per 1,000 square feet of gross floor area. 4.71b The amount of parking required by use in the Route 66 and Eastern Areas shall be as follows: Retail, Food Service and Cinema: 5,0 spaces per 1,000 square feet ofgross leasable area, and Office: 4.0 spaces per 1,000 square feet of gross floor area_ 4.7c The maximum amount of parking permitted in the Civic/Parking area, depending on the type of parking facility in use, shall be as follows: Surface Parking Lot: 506 spaces Two -Level Parking Structure: 869 spaces 4.7d Landscaping for parking, including walls, fences and berms, will follow the Master Plan designs and standards as set forth in this document. 4.7e A shared parking analysis may be submitted to the city as per the Rancho Cucamonga Development Code. Street lined with Mexican Palms M a s t e r P r a q 4 Victoria Gardens Regional Center, Rancho Cucamonga 114 Development Standards ch. 4 4.7 RESIDENTIALAREA STANDARDS Proposed Standards For Multi -Family Development: 4.8a Minimum parcel size 3 acres4.8b Minimum lot frontage 100 feet 4.8c Maximum density for gross acres 30 units per acre 4.8d Setbacks: The setbacks are to be measured from the face of ultimate curb locations Church Street & 35' minimum to face of curb Day Creek Boulevard 20' minimum to property line (3 story buildings) Interior (private) Street 10 ` minimum to face of curb (3 story buildings) 4.8e Residential dwellings on Arbor Way, between Church Street and Merlor Street, shall front onto and have front doors facing Arbor Way. 4.8f Building Separations for 3 Story Buildings 1. Front to front 35' minimum Patio or decks may encroach 8'0" in the required distance 2. Side to side 15' minimum No projections are allowed in the minimum setback 3. Rear to rear 30' minimum 2nd & 3rd floor units, balconies or decks may project 2' 0" into the minimum setback M a s t e r P i a n 1r Victoria Gardens Regional Center, Rancho Cucamonga ch. 4 Development Standards I 15 4. Front to side Stair projections are allowed to project Y-0" into the setback minimum 5. Building or patio setback to pavement 6. Building to parking 7. Face of garage to access court (alley) 4.8g Private street widths 1. Main circulation streets 2. Access courts 25'- 0" minimum 10'-0" minimum to face of curb 5'-0" minimum to back ofsidewalk 10' minimum setback from edge or front of any parking space Y-0" minimum 26'-0" wide minimum Back of curb to back of curb 20'-0" minimum 4.8 RESIDENTIAL STANDARDS FOR MAIN STREET AREA 4.9a Purpose and Intent 1. The purpose of these standards is to encourage compatible residential infill development within the Main Street Area of Victoria Gardens and plan for medium and high density residential and mixed-use projects. These standards establish flexible guidelines to encourage such development, ensure that it is of minimum standard of appearance, and compatible with the surrounding lifestyle center. The specific objectives are: • Allow flexibility in lot size and configuration, and Facilitate residential development within acceptable densities; • Provide clear development standards that promote compatibility between new and existing development and exhibit the characteristics of vibrant, urban, pedestrian -oriented, storefront -style shopping streets with pedestrian amenities at Victoria Gardens; • Encourage development of housing in close proximity to the existing lifestyle center while providing flexibility in the siting and design of new developments to anticipate changes in the marketplace; and • Encourage efficient land use by facilitating compact, high-density, multi -story development. 4.9b Residential Development Requirements Victoria Gardens Regional Center. Rancho Cucamonga m M a s t e r P I a n 116 Development Standards ch. 4 1. The intent of these residential standards is to provide an overlay mix of residential within the existing and future commercial uses at Victoria Gardens. To accomplish this while providing flexibility of design, two development options are offered: • Mixed -Use Residential Development. The proposed development shall provide for both residential uses and commercial use (either retail, office or horel) in a single building. • Full Residential Development. The proposed development site shall provide for residential use. 2. All residential property shall be developed in a manner consistent with the provisions of the master plan. The Developer will work with the City planning Department to consider the residential uses' compatibility within Victoria Gardens, especially related to: • Site access, on-site circulation and off-street parking; • Architectural design of buildings and use of materials; • Landscaping and buffering of buildings, parking, loading and storage use; • Light and shadow impacts; • Generation of noise and irritants such as noise, smoke, dust, odor, glare, vibration or other undesirable impacts; • The arrangement of buildings and open spaces as they relate to each other within the development site or development area; • Visual impact of the proposal on the surrounding area; 4.9c. Density/Residential Use The Maximum density for each lot is specified as: Development Designation Units per Acre Description Mixed Use Residential 15 Allowed above the ground floor Full Residential 100 Allowed on all floors Density 4.9d. Shared Private and Common Open Space The Victoria Gardens Main Street Area is urban in nature. Common areas, parks and recreational areas are likewise expected to be urban in nature. This will include elements such as plazas or other hardscaping, landscaping with planters, plazas, pocket parks, fountains, furniture, and be more concentrated in size and development than anticipated in a less urban setting. New and existing public spaces shall jointly be considered common areas to the project and designed to encourage consistent human presence and activity. Public spaces shall be designed to: • Facilitate social interaction between and within groups; M a s t e r P I a n C. Victoria Gardens Regional Center, Rancho Cucamonga ch. 4 Development Standards 117 • Provide safe, pleasant, clean and convenient sitting spaces adaptable to changing weather conditions; • Be attractive to multiple age groups, • Provide for multiple types of activities without conflicting; • Support organized activities; • Be visually distinctive and interesting; • Interconnect with other public and private spaces; and • Prioritize use by persons. In addition to common landscaped areas, private open space shall be provided within developments for the amenity of the residents, which may include parks, courtyards or gardens, Alternative provisions should be incorporated in developments through a combination of terraced open space/roof gardens (provided to a satisfactory specification) and/or balconies with good landscaping where appropriate. When located on the ground level, private open space should be screened from public view by landscaping, courtyard walls or privacy fences. In addition, as already described earlier in the Master Plan under Section 2. 1, any future residential use will also shall be designed to take advantage of the community trail system, which consists of pedestrian and bicycle trails. A minimum of 40 Square feet of common open space shall be provided for each unit. 4.9e. Parking Requirements The parking requirement for residential units shall be 1 space per bedroom with a minimum dimension of 9 feet by 18 feet located within an approved parking structure for the residential development and shall not be tandem. As customary in Mixed Use projects, visitor parking will be shared with the retail parking Victoria Gardens Regional Center, Rancho Cucamonga 0 M a s t e r P t a n 118 Development Standards ch. 4 1 M a s t e r R I a n a Victoria Gardens Regional Center, Rancho Cucamonga ch. 5 Implementation & Process 109 IMPLEMENTATION a PRO Victoria Gardens Regional Center, Rancho Cucamonga 0 M a s t e r P I s n 110 Implementation & Process ch. 5 Fig 5. l; A study sketch of the intersection of Town Walk and South MainStreet S. IMPLEMENTATION PROCESS 5.1 THE PLANNING, REVIEW AND APPROVAL PROCESS The planning review and approval process for the implementation of the Rancho Cucamonga Regional Center, Victoria Gardens, is summarized as follows: 5.1a Master Plan and Planning Documents — Review & Approval The Master Plan for Victoria Gardens was submitted to the City of Rancho Cucamonga and the plan was reviewed and approved by City Committees, the Planning Commission, and the City Council. The Master Plan is accompanied by three documents: • An amendment to the General Plan (GPA), • An amendment to the Victoria Community Plan (VCPA), and • An Environmental Impact Report (EIR). The Master Plan includes Design Guidelines, concerning issues oC building design and signage, and Development Standards, concerning issues of land use and zoning. The approval of the Master Plan for Victoria Gardens by the City includes: 1. The amounts of development in gross floor area, by land use and by Area of M a s t e r P I a is 0 Victoria Gardens Regional Center, Rancho Cucamonga Victoria Gardens, a. The amounts of required parking, by land use and by Area, 3. The overall plan for streets and open spaces, 4. The Iand uses proposed, and 5. The standards and guidelines for development of buildings, signage concepts and types, and landscape architecture treatments. It is the intent of the City and the Applicant that approval of the Master Plan and accompanying documents will establish a comprehensive set of land use regulations and constitute final discretionary approval of project development conforming to the MasterPlan, subject only to further design review ("Design Review") of building and signage. Design Review shall include review of exterior elevations of the buildings, tenant signage, building architectural aesthetics, exterior materials and colors. Design Review shall not operate to restrict the uses, floor areas or internal vehicular and pedestrian circulation systems otherwise permitted under the Master Plan, or require landscaping beyond that identified in the Master Plan. 5.1b Phase One of the Regional Center— Review and Approval Following review and approval of the Master Plan and accompanying documents, the design for Phase I of the Victoria Gardens projects will be submitted to the City for Design Review. The design will be reviewed ministerially for conformance with the Development Standards and for adherence to the design directions established by the Design Guidelines. Initial Design Review for Phase I will be by the Planning Commission and the City Council. Should there be revisions to the design of Phase I, subsequent to the initial Design Review approvals, then subsequent Design Review of the revision would occur in two ways. If the changes were minor in the determination of the Director of Planning, design review and approval would be by the Director of Planning. If the changes were significant, then a Design Review Committee would perform Design Review. The Design Review Committee, appointed by the Mayor, will be comprised of one member of the City Council and two members of the Planning Commission. 5.1c Subsequent Projects and Phases — Review and Approval Following Phase I Design Review approval, Phase II, subsequent phases and projects must be submitted to the City for Design Review approval. Applications for such approval may be submitted from time to time based on the applicant's development schedule. Projects submitted in Phase II and subsequent phases will vary in size. The smallest project could be an individual building and the largest could be Mid -rise residential or office and/or development consisting of multiple buildings on more than one block of Victoria Gardens. Projects in Phase II and subsequent phases will be required to obtain the Design Review approval of the Planning Commission in accordance with Section i7.o6.oio of the Development Code if they include buildings either: W 70 feet or more in height; or {ii) 35 feet or more in height and located south of Church Street and north of the line depicted in Figure 5.4 that extends easterly from Cultural Victoria Gardens Regional Center, Rancho Cucamonga ch 5 Implementation & Process 1 1 I w 1atiirn Fig 5.2: A study sketch of Town Green and the grand Steps linking it to North MainStreet 0 M a s t e r P I a n 112 Implementation & Process ch. 5 Center Drive." All other projects in Phase II and subsequent phases will be reviewed by the Director of Planning ministerially for conformance with the Development Standards and for adherence to the design directions established by the Design Guidelines. M a s t e r P I a n (0 Victoria Gardens Regional Center, Rancho Cucamonga Fig 5.3: A study sketch or the Town Square ch. 5 Implementation & Process 113 5.1d VarianceProcedure The Director of Planning may approve through the Design Review process minor changes from the requirements of the Master Plan without a formal Master Plan amendment. 5.1e Tim ingand Appeals The City shall process and render its decision on each Design Review application within 120 calendar days of when the applicant's Design Review application is deemed complete. Any Design Review decision by the Director of Planning may be appealed to the Planning Commission in writing within 10 days following the applicant's receipt of written notice of the Design Review decision. The Planning Commission shall hear and affirm, modify, or overrule the decision under appeal within 30 calendar days of the appeal. Any Design Review decision by the Planning Commission may be appealed to the City Council in writing within 10 days following the applicant's receipt of written notice of the Commission's decision. The City Council shall hear and affirm, modify, or overrule the decision under appeal within 30 calendar days of the appeal. 5.2 CITY PLANS AND THE MASTER PLAN In addition to the Master Plan, the accompanying planning documents that affecr Victoria Gardens, the Regional Center of the City of Rancho Cucamonga, include: 5.2a The General Plan The General Plan will be amended to include the appropriate land use designations for Victoria Gardens_ The General Plan Amendment will be submitted to the City with the Master Plan. 5.2b The Victoria CommunityPlan The Victoria Community Plan is the plan for the region, which includes the plan For Victoria Arbors and other areas in what the Plan calls "An Interrelated Community of Villages." The Victoria Community Plan needs to be amended to be consistent with the Master Plan for Victoria Gardens. 5.2c The Victoria Arbors Master Plan The Victoria Arbors Master Plan is the plan for the community in which Victoria Gardens is located. The Plan has provisions which affect Victoria Gardens, particularly for landscape architecture and public facilities; however, the Plan does not need to be amended. 5.2d The Environmental Impact Report for Victoria Gardens An accompanying document of the Master Plan is the Environmental Impact Report (EIR) for the Victoria Gardens Regional Center. The EIR analyzes the potential impacts of the development and recommends mitigation measures, if necessary and applicable. Victoria Gardens Regional Center, Rancho Cucamonga 0 M a s t e r P I a n 114 Implementation& Process ch 5 s. FOOTHOU, BOULEVARD/ ROUTE 66 0 300 600 FEEL $ FIGURE 5.4 Easterly Line of Sight Extension of Cultural Center Drive M a s t e r P I a n a Victoria Gardens Regional Center, Rancho Cucamonga r A Key/Existing Uses: R: RE -.AIL L LIBRARY C x CINEMA DS DEPARTMENT STORE CC = CULTURAL CENTER PH = FOOD i tALL PS PARKING STRUCTURE SFR = SiNGLE FAMILY FLESIDEN71AL MFR = MuLTifAmiLy FEsoDmAL Permissible Building Areas Line of Sight Extension 0 300 600 FEEL $ FIGURE 5.4 Easterly Line of Sight Extension of Cultural Center Drive M a s t e r P I a n a Victoria Gardens Regional Center, Rancho Cucamonga acknowledgments 113 ACKNOWLEDGMENTS Victoria Gardens Regional Center, Rancho Cucamonga 0 M a s t e r P I i n 114 acknowledgments Acknowledgments THE CITY OF RANCHO CUCAMONGA City Council & Redevelopment Agency William J. Alexander, Mayor & Chairman Diane Williams, Mayor Pro Tem & Vice -Chairman Paul Biane, Member Grace Curatalo, Member Bob Dutton, Member Administration Jack Lam, AICP, Executive Director Linda D. Daniels, Redevelopment Director Janice Reynolds, Redevelopment Analyst Brad Buller, Planning Director Brent LeCount, Associate Planner Jon Gillespie, Traffic Engineer Laura Bonaccorsi, Associate Park Planner FOREST CITY DEVELOPMENT Brian M. Jones, President Colm Macken, Senior Vice President Victor Grgas, Director of Planning Steve Wesson, Consultant LEWIS OPERATING COMPANY Randall Lewis, Executive Vice President, Director of Marketing John Goodman, Chief Executive Officer David Lewis, Director of Multi -Family Development M a s t e r P l a n Q Victoria Gardens Regional Center. Rancho Cucamonga CONSULTANT TEAM acknowledgments 115 x'qS *L � Project Architecture & Master Plan : Field Paoli David Paoli, Principal in Charge Yann Taylor, Design Architect Frank L. Fuller, Master Plan Architect Sameer Chadha, Urban Designer Landscape Architecture: SWA Group David Berkson, Principal Richard Law, Principal Graphics & Signage: Redmond Schwartz Design Martin Schwartz, Principal Suzanne Schwartz, Principal Civil Engineering: MDS Consulting Stan Morse, Principal Ed Lenth, Associate Victoria Gardens Regional Center, Rancho Cucamonga 0 M a s t e r P I a n Victoria Gardens Master Plan Amendment, General Plan Amendment'. and related approvals for the future Public Safety and Public Parking Project June 20, 2018 VICTORIA GARDENS Background and Project History • The Victoria Gardens Mall site was approved on February 20, 2002 by the City Council. Approved for the development of 2.4 million sq.ft. of Commercial/Office space, Civic Use, and 600 residential units. • The Master Plan was amended on May 6, 2009 by the City Council The amendments were to allow the following: 1. More flexibility and efficient use of the available land within the project area 2. Shift the remaining 290 residential units from the Residential Area to the Main Street Area in the Master Plan 3. Create new Residential Standards for the Main Street Area 4. To establish building heights within the Main Street Area 5. Create a Permitted Land Use Section in the Master Plan GARI)FNS Applications • General Plan Amendment DRC2017-00969 • Victoria Gardens Master Plan Amendment DRC2017-00971 • Development Agreement Amendment DRC2017-00970 • Parcel Map 19963 • Addendum to the Final Environmental Impact Report SCH No. 2001031028 (FEIR) and Supplemental Environmental Impact Report SCH No. 2001031028 (SEIR) • Lease Agreement GARI)FNS PROJECT SITE DESCRIPTION RR7R-Y � GARI)F.VS 174 -acre Victoria Gardens Mall site Approved for the development of 2.4 million sq.ft. of Commercial/Office space, Civic Use, and 600 residential units Currently built with approximately: 1,171,740 sf of Commercial/Office 90,850 sf of Civic uses 215 dwelling units Uses include an open-air mixed-use complex, compatible blend of major retail tenants, specialty commercial uses, restaurant and entertainment venues, Civic uses, office uses, residential dwellings, and community facilities Penfa'00r N [1 . � OF tr Project %,Y •_ � s'iteM whits 1 3 � EW 00 7 qty California R7 VICTORIA GARDIE YS Projec t Location Site is approximately 5.33 acres in size Previously approved for 95 3 -story Condominium units Site is improved with infrastructure improvements for the previous project. Land Use General Plan Zoning Victoria Arbors Master Site Mostly Vacant Mixed Use Plan & Mixed Use VGMP General Plan Amendment • Add Civic/Parking Area as Land Use in Table LU -2 • Reduce the number of residential units in the Residential Land Use by 95 • Increase the number of residential units in the Main Street Area by 95 units GARI)F.VS • Acreage Range Estimated "Most Case" Acres/Dwelling Units Land Use • Density (du/acre) (du) • Dwelling Unit Range Current Proposed Current Proposed Commercial — retail, service 99-209 acres 99-220 acres 222 acres 220 acres commercial, office, tourist commercial 77-153 acres @ 77-148 acres @ 98 acres @ 93 acres @ Residential 14 du/acre 14 du/acre 14 du/acre 14 du/acrez 788 to 1,852 du 788 to 1,757 du 1,082 du 987 du Civic/Parking Area 5.33 Acres N/A 5.33 Acres N/A (new land use 0 du/acre category) Residential/Mixed Use Main Street 3-21 acres @ 3-21 acres @ 3 acres 5 acres Area 14-100du/acre 14-100 du/acre 100 du/acre 100 du/acre 290 du 385 du 290 du 385 du GARI)F.VS Master Plan Amendment Amendments to the Master Plan include: Amended Figures Amending the Zone from Residential Area to Civic/Parking Area Added language to include the Police Substation in the Civic/Parking Area up to 10,000 sq.ft. Adding Development Standards for the Civic/Parking Area including Land Uses, Building heights and Setbacks, Parking standards, and Vehicular Access Adding clarification standards for Residential Development in the Main Street Area. GARI)F.VS xdIC b3r" Ales RE51I)ENTIAL 4EA a MAEN STREET AREA x Soilili wa=II illsai .I F:f`1.TF (- AREA EASTERN AREA GwJF3Lz+ S I RLI- � It k 3. 4. r2fS Eastern Arca NcdLrIIdEmm STRILI F{.'J 711 f.I�.IFJ' rR'r _"I - x Mnlr) Sltcet A 10. 11: 12- 13. Ro--ia6GAr_a Fg. 2-46: FarWrig Cows The new police substation is identified on the amendment figures. r' A number of Figures were amended to address the zone change and add the conceptual parking lot/structure Cultural Center Town Square Town Green Police Substation Church Street TWO,$k t ■ " North tnStreet i..;- Sou MainStreet F tiJ _ TT r— ---e 4 _ QS � 4¢xri VkEd -G rdenstane oot I v O e GARI)VNS Development Agreement • Development Agreement DA01-02 was entered into by the City and the original property owner when Victoria Gardens Master Plan was approved. •The Development Agreement has since been amended three times by mutual agreement of the parties. • The proposed fourth amendment to the Development Agreement would incorporate the proposed amendments to the General Plan and Victoria Gardens Master Plan. GARI)FNS Development Agreement • The Amendment includes: • Vested right's to develop in accordance with the VGMP • A requirement to set forth the timing and process for the construction of the proposed public safety facility shell. • The public safety facility shell is expected to be used as a police substation and for other public safety and civic activities. • If the facility is not built the City can amend the General Plan and Master Plan to relocate the 95 residential dwelling u n its. GARI)FNS WMUM ---+mio- IN THE CITY OF RANM CUCiAMOKk COUNTY OF SAM 8 MMMO, STATE OF C&FOflMLL NxFOFx E BASE OF alA[ oe'A iK eEMa6 9tlM 1E�1 � .� WIN CFI�IAE OF 1N9aR L.[ � N F.r'C E rFA e� a ,Arrf xR iipxy i[l dE AC axtu w Id. 41fIF1, PSid i,. �� SIIRYESVR'a5 NOTES- u r e - iowu No.o g+F • .a4A romans Neu. BI6N PQ PIS WPW NSiiF1, PY6 Hyelil. PARCEL 2 0- I110+1E5 IOUW !IS t Wtll� TOY®'� tg2i, a aar na. f r. we • - Ip'l.Ps FRrO I4YM YO! NNlil WW 40. IAra•i, Ol/5E i1R iWe,�,. n eaac -rwc r u, mco u Nina nus u TA% Wr dreg» dt ®^ fOA�,B0. iK% YO Oi. a xers, ill A T<E W fO.ER OZ —7 —7E6f - -fWW ,Oq iN% 11� 9F. u' Nil CN ioP OF [UW ,kg�Ii o _ rcwc5 r rP. *wim u xw {1I , F ori. � LS aeNo f. �Wf M[9 , bt oc irw, na s ua, � xa t cacxca , m rm i 1- rncNNlrs Nmsm rio �Frtaam rm x s �o. ,',a»a O Iry Ke ]Yr(Si{y LIAR OaL9ME XPIFA TTN - r.rJ56 �ia]E0. NpiW NN�IC. I N.,1' ® = gp'or r N >?rr aaa+Ys woos awa eco cEc maxi rr rn in,F,. �J a nu rmM�, no nncr .a ,>biq ra v.p,aa '1 TRA)" HM ,near —,carr ------------- EI;JErE�Nr��MFjoi�Es: K& 32W§3-5- I 'I' ' ouRlael+lAi rni 1u91C MIS E�cPfai RIiiKEA 4 r00i +6 IXATapr x6 imNbpxpaa of OOP'l a�pmc 1 40 L141I1R abler e[ ROilm FRd +K RfC]'m. i WW CULTURAL MM MK C t A- As mnaErir W aroFxaim prrw NmrcG i 6a�011 [C NCq er F AR V 1G�di �AAt .� . txf-0Eri ,ao r,Kc �rkcw.-w xray .w xsca ro cars xn om Panrt& a ti� xw a cmiEn� m. �, o+nwa a mN� �ewas � n uvNon a uA'Nm „ W rie ®coo T,o'r , uc. vnar or aom m .er.LL oPIXVE wa kW1N, � m.icn, as rNxs ra � �x NrEr2uar num, smrs.,xrtrm acacdn .re & m,� u w�dseN xu mi'r � V mTu.s. v nrn'E �wws vw atlAFin s a.u.x...auc ® NgFCr{yT�E fA9.10R fE' 1•EEj N FrAR Q- il[ (1a' q WNGp ou'Mif Pox nPF uME[ 6 Aa Pi nr4il W'v iP iNibi ,ia. Min,fi Ne .e'n �n ,erq .a sans,-sx AW xw a n'�e�cr°rcinAiena ° `r irr TM/f+ax — — J p �drrorvr v N Iwx-amlEWir FATemr rr� acoaiaor .aErs, fl eaw.nu v . Nu.cuxdae veE+ai roc x� xo mays d q Y N xOpyyOy,E mew WN A.a.e Oi. A SHAW � Pwra., acw ,�Nr AS'Piss wurcs Parcel Map PARCEL MAP NO. 19963 ---+mio- IN THE CITY OF RANM CUCiAMOKk COUNTY OF SAM 8 MMMO, STATE OF C&FOflMLL NxFOFx E MW A RAMMJ7M « LOT i OF TWU N0. 17WA AS SWW 6e WP ON FA,E W alA[ oe'A BOON 324, PACO 51 ,1, O" S2. AiLi 09 OF MPS, Fr THE WU OF THE OkO FAXORO Tr OF TV COMM OF SW eFAIENLNO. STATE OF CUUrrMl r+ + MAT). LOS CORMTIMG FEI3aWW, 2016 SIAMLEY C. MORSE, U. 3640 u r 9N PARCEL 2 a aar na. f r. we - � Ol/5E i1R 0- 71w; 71w- ,kg�Ii yx '� PAR, 9 PARCEL 1 �iyy r R r V 9MF+ Fly dAe,� NNrIl i TRRV M Iwo Lis. a�81a9-eE LAY I lei U On May 9, 2018 the Planning Commission SKET 2 OF2%aJ3 approved the Tentative Parcel Map PM to subdivide the 5.33 -acre project site SorE r• Sr into 2 parcels WOO ft9 s ---+mio- NxFOFx E E PANlNk1 A N ppN�F Nr r N r GARDENS RACE prerE SsiEn 9N PARCEL 2 a E f r. we ,kg�Ii S PAR, rm O Iry N.,1' ® = gp'or r N Srr rr wx,esx. Nr =AW---.— �J a 1� - -- -- --- —,carr ------------- — — T — —'mm— — -------------- - -- -- A k E WW CULTURAL MM MK C t A- 1 A S ----------------L I Paas a KEW Panrt& a VICTORIA GA RD Li S% Parcel 1 Approximately 1 acre for a future public safety facility Parcel 2 Approximately 4.33 acres for a future parking lot and/or Lease Agreement A ground lease agreement is between the City and Rancho Mall NE, LLC for the newly created 4.33 acre City -owned parcel to construct and operate a future public parking lot and/or parking structure and establishes the following terms: • A base lease rate for the subject parcel. • The timing of future public improvements • The initial term of the lease agreement -55 years and may be extended per the terms of the agreement. • Rancho Mall NE, LLC's obligations regarding responsibility for construction of the proposed parking facilities, alterations and improvements, payment of property taxes and maintenance. Establishes the permitted uses on the subject parcel are for public parking with limited interruptions for maintenance, repairs, and City events. VICTORIA GA RDEiS% Outreach Neighborhood Meeting: On April 16 2018 the City and Rancho Mall, LLC, and Rancho Mall NE, LLC. AB52 Tribal Consultation: January 23, 2018 notifications were sent to Native American communities. January 24, 2018 the City was contacted by the San Manuel Band of Mission Indians (SMBMI) who did not request formal consultation. On January 25, 2018 the City received an email and letter from the Gabrieleno Band of Mission India ns-Kizhnation requesting formal consultation. The City of Rancho Cucamonga staff held a formal consultation with the Tribe over the phone on March 14, 2018 and concluded. The Consultation period closed April 28, 2018. No additional correspondence was received. GARI)FNS Planning Commission Summary On May 9, 2018 the Planning Commission conducted a public hearing to review the project. The Planning Commission found the proposal appropriate, made the required findings, and adopted the resolutions forwarding a recommendation to the City Council for approval of the associated amendments to the General Plan and Master Plan and approved the Tentative Parcel Map. VICTORIA GA RDEiS% Environmental Review On February 20, 2002 and in accordance with the California Environmental Quality Act ("CEQA"), the City certified Environmental Impact Report SCH No. 2001031028 (EIR), which analyzed the potential environmental impacts of the Victoria Gardens Master Plan and related approvals. And On May 6, 2009 and in accordance with the California Environmental Quality Act (CEQA), the City certified Final Supplemental Environmental Impact Report SCH No. 2001031028 (SEIR), which analyzed the potential environmental impacts of proposed amendments to the Victoria Gardens Master Plan and related amendments to the General Plan, Victoria Community Plan, and Victoria Arbors Master Plan and the third amendment to the Development Agreement. Under CEQA Guidelines Section 15164, the City may prepare an addendum to an EIR in lieu of a subsequent EIR if the changes to the project or the circumstances under which the project would be undertaken but which don't meet the conditions described in Section 15162 that require preparation of a subsequent EIR to make the EIR adequately apply to the proposed project. Based on the evaluation of potential environmental impacts of the Project an addendum was prepared. The addendum analyzed the Project against the original project, as approved in 2002 and 2009 and reviewed under the EIR and SEIR, and determined that because the Project shifted uses anticipated within the Mall and that were previously identified and approved as part of the Victoria Gardens Master Plan, the impacts generated by the Project created no new impacts and were no more significant than the original project. VICTORIA GA RDEiS% ❑ICIGRE Overview -Investment arm for pension fund of the state government employees of Queensland, Australia. -Nearly 30 years of investment experience. -Over $65 billion in assets under management. -Financially active in US for the past S years as partner with Forest City. -Recently bought out our partners and own 12 assets nationwide. —Responsible longterm approach; we are not sellers of real estate. —Offices in the South Bay, Cleveland, New York and Florida with over zoo employees. —Our specialty is repositioning real estate to align with the values of the community which withstands the test of time. As of September 30, 2017. All figures in VSD. CITY OF RANCHO CUCAMONGA D M GA R II F N S Site Plan PARKING PROVIDED: SURFACE PARKING = ± 504 SPACES SURFACE PARKING = ± 24 SPACES (FOR POLICE) TOTAL = ± 528 SPACES SURFACE PARKING @ NE. 10t (1„=50') VICTORIA GARDENS Rancho Cucamonga Group DLR W m NORTH ELEVATION vise=r-o" S�i1TH ELEVATION vise -T -o'• EAST ELEVATION 1/16"=I' -O" WEST ELEVATION vis •= T -o - SURFACE PARKING @ N.E. LOT GA R II F N S .17 CITY OF RANCHO CUCAMONGA 'mW IRNMWJ in CITY OF RANCHO CUCAMONGA SURFACE PARKING @ N.E. LOT PERSPECTIVE Z - NORTH GA R II F N S I PROPMEA SURFACE PARKING @ N.E. LOT GA R II F N S PERSPECTIVE 2 - NORTH iml w�jpfr Z 1 CITY OF RANCHO CUCAMONGA CITY OF RANCHO CUCAMONGA oil J;����• i -' j.�y 'awl, _ r r+ 2A OW - r+is`` w:�e>wlR� IA 111►1N M��i�... ..a,� An �"dmd 110101101 lei mw�.. - - CITY OF RANCHO CUCAMONGA f �� 'K9w..��.-,rte ,•�-{��. CITY OF RANCHO CUCAMONGA y f �� 'K9w..��.-,rte ,•�-{��. CITY OF RANCHO CUCAMONGA /" 5 --► -; It It--VruiT - - PC LIC _ auaaunv� - lSBPt 5.1 I' •.2 .L -.---.- -.- y 5 �FY.Oi hl �I G A R I) E N S Site Plan PARKING PROVIDED: GROUND PARKING = ±466 SPACES 2ND LEVEL PARKING= ±352 SPACES (FOR POLICE)= ±24 SPACES TOTAL = ± 842 SPACES PARKING STRUCTURE a@ NE. Ivt (1°=50°) VICTORIA GARDENS RanchoCucamonga DLR Group HAFRRAiER RUNU ENISTM6 WAIL ENOM TALL b I ..I L i J _�— �_�� 1 L A _I ..I. 1 1 I 11 1 1 1 1„_1 .1 _1 1 1 i L i -'fir` , 4— IL L (• NORTH 111VAT13N ills” _ 1'-0" KU,Y SSII(ni1M %%OR1iE0wAELT i mMLICji EAt4r HRiICAL WhERS rtRSW7E9PNl[S pDd1IW.S]gCipEE j SOUTH ELEVATION 1/16" - 1'-0" PUFCF.iIk NWiS RAAgRfmm AERTMAUY1RS :I EAST ELEVATION 1116" - 1'-0" WEST ELEVATION 1116' - 1,-0" PARKING STRUCTURE @ H.E. LOT GA R II F N S 'Mm", NORTH ELEVATION 1116"=1'-0" FFMIMN&S vuuacsmuc�ui '.i TT SOM ELEVATION 1116" = T -o" EAST ELEVATION 1/16"= Fo, WEST ELEVATION 1116"= F-0" PARKING STRUCTURE WITH LANDSCAPING @ N.E. LOT GA R II F N S SECTION a PARKING STRUCTURE SECTIONS @ N.E. LOT ir-su GA R D E N S SECTION C :n PARKING STRUCTURE @ N.E. LOT GA R II F N S PERSPECTIVE 1- NORTHEAST CORNER PARKING STRUCTURE @ N.E. LOT GA R II F N S PERSPECTIVE 1- NORTHEAST CORNER PARKING STRUCTURE @ N.E. LOT GA R II F N S PERSPECTIVE 2 - NORTH PARKING STRUCTURE @ N.E. LOT GA R II F N S PERSPECTIVE 2 - NORTH =7 EXISTING PARKING STRUCTURE @ N.E. LOT GA R II F N S PERSPECTIVE 3 - NORTHWEST CORNER PROPOSED PARKING STRUCTURE L N.E. LOT GA R II F N S r PERSPECTIVE 3 - NORTHWEST CORNER PARKING STRUCTURE @ N.E. LOT GA R II F N S PERSPECTIVE 4 - SOUTHWEST CORNER CITY OF RANCHO CUCAMONGA 0 0 a c o . • 1 r PRECEDENT IMAGES- PERFORATED METAL PANELS G A R I) E N S `fig:..... nl..lrir'! � •.I M ' 1111,I1r � .�� 1 r PRECEDENT IMAGES- PERFORATED METAL PANELS G A R I) E N S r PRECEDENT IMAGES- METAL FABRIC MESH GA R II F N S Recommendations Staff recommends the City Council adopt the addendum to the Environmental Impact Report SCH No. 2001031028 (EIR) and Final Supplemental Environmental Impact Report SCH No. 2001031028 (SEIR) and approve each of the following: • General Plan Amendment DRC2017-00969; • Victoria Gardens Master Plan Amendment DRC2017-00971; • Parcel Map 19963; and • Conduct first reading of ordinance 933- Development Agreement D RC2017-00970 Approve the Ground Lease Agreement between the City of Rancho Cucamonga and Rancho Mall NE, LLC GARI)FNS DATE: June 20, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Julie A. Sowles, Library Director SUBJECT: CONSIDERATION OF THE CITY COUNCIL LIBRARY SUBCOMMITTEE'S RECOMMENDATION TO APPOINT A NEW MEMBER, NOELIA CHAPA, TO THE LIBRARY FOUNDATION BOARD OF DIRECTORS. RECOMMENDATION: Staff recommends the City Council approve the City Council Library Subcommittee's recommendation to appoint Noelia Chapa to a four-year term to the Library Foundation Board of Directors. BACKGROUND: The Rancho Cucamonga Public Library Foundation is a 501(c)(3) organization dedicated to fundraising for the Library. Currently, there are 8 members appointed by the City Council with the maximum number of Foundation Directors stated by the By-laws to be 21 and the minimum 7. ANALYSIS: The City Council Library Subcommittee met on Monday, June 4, 2018, to discuss the appointment of Noelia Chapa to the Library Foundation Board of Directors. Ms. Chapa has contributed numerous hours to the Rancho Cucamonga Library Foundation over the past nine months, attending Board Meetings and participating on multiple subcommittees. Her dedication, expertise and passion for the Library will be invaluable as the Library moves forward with the fundraising campaign. FISCAL IMPACT: None. COUNCIL GOAL(S) ADDRESSED: None. Page 397 DATE: TO: FROM: INITIATED BY: SUBJECT: June 20, 2018 Mayor and Members of the City Council John R. Gillison, City Manager Elisa Cox, Deputy City Manager Hope Velarde, Management Analyst I DESIGNATION OF VOTING DELEGATES AND ALTERNATES FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL BUSINESS MEETING. RECOMMENDATION: Staff recommends the City Council designate one voting delegate and up to two alternates for the Annual Business Meeting of the 2018 League of California Cities Annual Conference. BACKGROUND: The League's 2018 Annual Conference is scheduled for September 12-14 in Long Beach. An important part of the Annual Conference is the Annual Business Meeting during the General Assembly, scheduled for 12:30 p.m. on Friday, September 14th, at the Long Beach Convention Center. At this meeting, the League membership considers and takes action on various resolutions that establish League policy on municipal issues of statewide importance. In order to vote at the Annual Business Meeting, the City Council must designate one (1) voting delegate and appoint up to two (2) alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity. According to the League bylaws, the voting delegate and the two alternate delegates must be designated by an official vote of the City Council. The designated voting delegate and alternates must be registered to attend the conference and sign in at the Voting Delegate Desk to pick up their voting delegate card. Only one (1) voting card will be provided at sign -in to be used by either the voting delegate or the alternates. The task of voting at the Annual Business Meeting cannot be transferred to any other city official beyond the designated voting delegate and alternates. The voting delegate and alternates can be Council Members or City Staff scheduled to attend the conference and must be present at the Annual Business Meeting with the voting card in order to vote. ANALYSIS: None. FISCAL IMPACT: None. COUNCIL GOAL(S) ADDRESSED: None Page 398 ATTACHMENTS: Description Attachment 1 - Voting Delegate Letter and Form Page 399 120 LEAGUE1400 K Street, Suite 400 • Sacramento, OF CALI FORN IA California 95814 YEARS CITIES Phone: 916.658.8200 Fax: 916.658.8240 INA71fto 111 www.cacities.org RECEIVED Council Action Advised by July 31, 2018 CI OF RANCHO CUCAMONGA MAY 3 Q 2118 May 17, 2018 TO: Mayors, City Managers t3' ers and Ci Clerks ADMINISTRATION RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES League of California Cities Annual Conference — September 12 - 14, Long Beach The League's 2018 Annual Conference is scheduled for September 12 — 14 in Long Beach. An important part of the Annual Conference is the Annual Business Meeting (during General Assembly), scheduled for 12:30 p.m. on Friday, September 14, at the Long Beach Convention Center. At this meeting, the League membership considers and takes action on resolutions that establish League policy. In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity. Please complete the attached Voting Delegate form and return it to the League's office no later than Friday, August 31, 2018. This will allow us time to establish voting delegate/alternate records prior to the conference. Please note the following procedures are intended to ensure the integrity of the voting process at the Annual Business Meeting. Action by Council Required. Consistent with League bylaws, a city's voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken or have your city clerk or mayor sigg the form affirming that the names provided are those selected by the city council. Please note that desiggating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone. Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. To register for the conference, please go to our website: www.cacities.or . In order to cast a vote, at least one voter must be present at the Page 400 Business Meeting and in possession of the voting delegate card. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the Voting Delegate Desk. This will enable them to receive the special sticker on their name badges that will admit them into the voting area during the Business Meeting. • Transferring Voting Card to Non -Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the Business Meeting, they may not transfer the voting card to another city official. Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. If the voting delegate and alternates wish to sit together, they must sign in at the Voting Delegate Desk and obtain the special sticker on their badges. The Voting Delegate Desk, located in the conference registration area of the Sacramento Convention Center, will be open at the following times: Wednesday, September 12, 8:00 a.m. — 6:00 p.m.; Thursday, September 13, 7:00 a.m. — 4:00 p.m.; and Friday, September 14, 7:30 a.m.- 11:30 a.m.. The Voting Delegate Desk will also be open at the Business Meeting on Friday, but will be closed during roll calls and voting. The voting procedures that will be used at the conference are attached to this memo. Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city's voting delegate and alternates. Once again, thank you for completing the voting delegate and alternate form and returning it to the League's office by Friday, August 31. If you have questions, please call Kayla Curry at (916) 658-8254. Attachments: • Annual Conference Voting Procedures • Voting Delegate/Alternate Form Page 401 Annual Conference Voting Procedures One City One Vote. Each member city has a right to cast one vote on matters pertaining to League policy. 2. Designating a City Voting Representative. Prior to the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the Voting Delegate Form provided to the League Credentials Committee. 3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the Voting Delegate Desk in the conference registration area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the Business Meeting. 4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city's voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk, may sign petitions to initiate a resolution. 5. Voting. To cast the city's vote, a city official must have in his or her possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is neither a voting delegate or alternate. 6. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card will sit in a designated area. Admission will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. 7. Resolving Disputes. In case of dispute, the Credentials Committee will detemiine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting. Page 402 FORN 1A L oLFEA�GUE@ CALCITIES CITY: 2018 ANNUAL CONFERENCE VOTING DELEGATE/ALTERNATE FORM Please complete this form and return it to the League office by Friday, August 31, 2018. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates. In order to vote at the Annual Business Meeting (General Assembly), voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council. Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the Voting Delegate Desk. 1. VOTING DELEGATE Name: Title: 2. VOTING DELEGATE - ALTERNATE Name: Title: 3. VOTING DELEGATE - ALTERNATE Name: Title: PLEASE ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES. OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s). Name: E-mail Mayor or City Clerk Phone: (circle one) (signature) Date: Please complete and return by Friday, August 31, 2018 League of California Cities ATTN: Kayla Curry 1400 K Street, 4a' Floor Sacramento, CA 95814 FAX: (916) 658-8240 E-mail: kcurry@cacities.org (916) 658-8254 Page 403