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HomeMy WebLinkAbout2020/03/04 - Agenda Packet 00hi- -PE AGENDA FIRE PROTECTION DISTRICT BOARD-HOUSING SUCCESSOR AGENCY - SUCCESSOR AGENCY - PUBLIC FINANCE AUTHORITY - CITY COUNCIL Wednesday, March 4, 2020 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 4:30 P.M. REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M. MEMBERS: MAYOR L. Dennis Michael CITY MANAGER John R. Gillison MAYOR PRO TEM Lynne B. Kennedy CITY ATTORNEY James L. Markman COUNCIL MEMBERS Ryan A. Hutchison CITY CLERK Janice C. Reynolds Kristine D. Scott CITY TREASURER James C. Frost Sam Spagnolo Rancho Cucamonga City Council Mission Statement • Make decisions, and be perceived as making decisions, for the general welfare of the community. • Always work to improve existing services and develop policies to meet the expected as well as anticipated needs of the community. • Work together cooperatively to respect all persons and their ideas in order to develop and maintain the trust of the community. • Reflect the community's desires and priorities by assuring that decisions accurately reflect the community's interests by fairly translating public feedback into public policy. • Enhance the quality of life of all Rancho Cucamonga residents through the continued pursuit of excellence and commitment to the City's core values and goals. • Set the vision for the community for the future. • Have a professional, objective and respectful relationship with each other in order to more effectively address the challenges of the future. Page 1 Aft A_ . INFORMATION FOR THE PUBLIC Le q Fi4&CAMONGA TO ADDRESS THE FIRE BOARD,HOUSING SUCCESSOR AGENCY,SUCCESSOR AGENCY, PUBLIC FINANCE AUTHORITY AND CITY COUNCIL The Fire Board, Housing Successor Agency, Successor Agency, Public Finance 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 FinanceAuthority 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 Finance 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 by the 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 Finance Authority and City Council 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 Finance 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 Finance 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 CITY OF RANCHO CUCAMONGA MARCH 4, 2020 FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY, HOUSING SUCCESSOR AGENCY, PUBLIC FINANCE AUTHORITY AND CITY COUNCIL AGENDA CLOSED SESSION - 4:30 P.M. Roll Call: Mayor Michael Mayor Pro Tern Kennedy Council Members Hutchison, Scott, Spagnolo A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) C. CITY MANAGER ANNOUNCEMENTS D. CONDUCT OF CLOSED SESSION - Tapia Conference Room D.1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED GENERALLY AT NORTH WEST CORNER OF CIVIC CENTER DRIVE AND HAVEN AVENUE ALSO KNOWN 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 STEVE PONTELL, NATIONAL COMMUNITY RENAISSANCE.; REGARDING PRICE AND TERMS. -CITY D.2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD IDENTIFIED AS PARCEL NUMBERS 1090-331-03-0000, 1090-331-04-0000, 1089-581-04-0000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND JOSEPH FILIPPI, JOSEPH FILIPPI WINERY AND VINEYARDS.; REGARDING PRICE AND TERMS. -CITY D.3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: NATURAL RESOURCES DEFENSE COUNCIL INC. V. CITY OF RANCHO CUCAMONGA, SAN BERNARDINO COUNTY SUPERIOR COURT, CASE NO. CIV DS 1937969 DA. CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION (RCCEA).—CITY D.5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR REAL PROPERTY LOCATED AT 9763 8TH STREET, RANCHO CUCAMONGA; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND TAI NGO, LEE &ASSOCIATES; REGARDING PRICE AND TERMS—CITY E. RECESS CLOSED SESSION TO RECESS TO THE REGULAR FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, Page 3 SUCCESSOR AGENCY, PUBLIC FINANCE AUTHORITY, AND CITY COUNCIL MEETINGS AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA. REGULAR MEETING - 7:00 P.M. COUNCIL CHAMBERS THE REGULAR MEETINGS OF THE FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY,SUCCESSOR AGENCY, PUBLIC FINANCE 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 Tern Kennedy Council Members Hutchison, Scott and Spagnolo A. ANNOUNCEMENT / PRESENTATIONS A.1. PlanRC- Public Engagement for the General Plan Update. --- B. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance 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 Finance Authority Board, and City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals desiring to speak.All communications are to be addressed directly to the Fire Board,Agencies, Successor Agency, Authority Board, or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items(with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Fire Board/Housing Successor Agency/Successor Agency/Authority Board/Council at one time without discussion. Any item may be removed by a Fire Board/Housing Successor Agency/Successor Agency/Authority Board/Council Member for discussion. C. CONSENT CALENDAR— FIRE PROTECTION DISTRICT C.1. Consideration of Meeting Minutes: Special Meetings of February 12, 2020 and February 25, 2020. C.2. Consideration to Approve Bi-Weekly Payroll in the Amount of$658,867.02 and Weekly Check Registers (No Checks Issued to Southern California Gas Company) in the Amount of $672,390.26 Dated February 11, 2020 Through February 24, 2020 and Electronic Debit Register for the Month of January in the Amount of$796,833.66. Page 4 D. CONSENT CALENDAR- HOUSING SUCCESSOR AGENCY 8 D.1. Consideration of Meeting Minutes: Special Meetings of February 12, 2020. E. CONSENT CALENDAR- SUCCESSOR AGENCY 8 E.1. Consideration of Meeting Minutes: Special Meetings of February 12, 2020. F. CONSENT CALENDAR- PUBLIC FINANCE AUTHORITY 8 F.1. Consideration of Meeting Minutes: Special Meetings of February 12, 2020. G. CONSENT CALENDAR- CITY COUNCIL G.1. Consideration of Meeting Minutes: Special Meetings of February 12, 2020 and February 25, 8 2020. G.2. Consideration to Approve Bi-Weekly Payroll in the Amount of$1,136,315.33 and Weekly Check 26 Registers (No Checks Issued to Southern California Gas Company) in the Amount of $5,790,355.71 Dated February 11, 2020 Through February 24, 2020 and Electronic Debit Register for the Month of January in the Amount of$763,776.21. G.3. Consideration of the 2018 and 2019 Annual Reviews of the Development Agreement By and 36 Between SC Rancho Development Corp., A California Corporation and Empire Lakes Holding Company, LLC, A Delaware Limited Liability Company and the City of Rancho Cucamonga (Case No. DRC2015-00118). GA. Consideration of a License Agreement with BNSF Railway Company (BNSF)for the Fiscal Year 42 2018/19 Installation of Two Traffic Signals and Three Flashing Yellow Arrow Signal Modifications Project. G.5. Consideration of an Improvement Agreement for Case No. DRC2018-00711 Located at 9063 61 Center Avenue, Accept Faithful Performance, Labor& Materials Bonds, Order the Annexation to Landscape Maintenance District No. 3B and Street Light Maintenance District Nos. 1 and 6, and Adoption and Authorization to Record a Resolution Ordering the Street Vacation on the East Side of Center Avenue Along APN 0209-251-10-0000. RESOLUTION NO. 2020-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, 64 CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL INDUSTRIAL) FOR DRC2018-00711 RESOLUTION NO. 2020-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA' 69 CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) FOR DRC2018-00711 RESOLUTION NO. 2020-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT 74 MAINTENANCE DISTRICT NO. 6 (COMMERCIAL INDUSTRIAL) FOR DRC2018-00711 RESOLUTION NO. 2020-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA 79 SUMMARILY ORDERING THE STREET VACATION OF EXCESS RIGHTS-OF-WAY ON THE EAST SIDE OF CENTER AVENUE ALONG APN 0209-251-10-0000 G.6. Consideration of Resolution No. 2020-012 Temporarily Closing Portions of Thoroughbred and Jennet Streets, West of Sapphire Street and East of Turquoise Avenue, and a Portion of 80 Turquoise Avenue Between Jennet and Thoroughbred Streets, to Pedestrian Traffic During the Area's 2020 Holiday Light Display. RESOLUTION NO. 2020-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA TEMPORARILY CLOSING PORTIONS OF THOROUGHBRED AND JENNET STREETS, WEST 82 OF SAPPHIRE STREET AND EAST OF TURQUOISE AVENUE, AND A PORTION OF TURQUOISE AVENUE BETWEEN JENNET AND THOROUGHBRED STREETS, TO PEDESTRIAN TRAFFIC DURING THE AREA'S HOLIDAY LIGHT DISPLAY AND MAKING Page 5 FINDINGS IN SUPPORT THEREOF 87 G.7. Receive and File Commission/Committee/Board Attendance Report for 2019. H. CONSENT ORDINANCES The following Ordinances have been introduced for first reading. Second readings are expected to be routine and non-controversial. The City Council will act upon them at one time without discussion. The City Clerk will read the title.Any item can be removed for discussion by a Council Member. I. ADMINISTRATIVE HEARING ITEM J. ADVERTISED PUBLIC HEARINGS - CITY COUNCIL/FIRE PROTECTION DISTRICT J.1. PUBLIC HEARING OF THE CITY OF RANCHO CUCAMONGA TO CONSIDER AND 94 CONDUCT FIRST READING AND INTRODUCE AN ORDINANCE AMENDING TITLE 17 OF THE MUNICIPAL CODE TO AMEND STANDARDS FOR ACCESSORY DWELLING UNITS IN COMPLIANCE WITH STATE LAW. THIS ITEM IS EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND THE CITY'S CEQA GUIDELINES UNDER CEQA SECTION 15282(H). ORDINANCE NO. 966 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, AMENDING THE RANCHO 97 CUCAMONGA MUNICIPAL CODE AMENDING REQUIREMENTS AND STANDARDS FOR THE DEVELOPMENT OF ACCESSORY DWELLING UNITS CONSISTENT WITH STATE LAW, AND MAKING FINDINGS IN SUPPORT THEREOF K. CITY MANAGER'S STAFF REPORTS L. COUNCIL BUSINESS L.1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) --- L.2. INTER-AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) M. IDENTIFICATION OF ITEMS FOR NEXT MEETING N. ADJOURNMENT CERTIFICATION I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least Seventy-Two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the City's website. Page 6 Page 7 3/4/20201 Item Al: General Plan Video shown 4:29:00 MP4 (View by watching City Council Meeting Video: https://www.cityofrc.us/your-government/city-council-agendas PLAN CITY OF RANCHO CUCAMONGA t.%or--Pr L- DATE: March 4, 2020 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 MEETINGS OF FEBRUARY 12, 2020 AND FEBRUARY 25, 2020. RECOMMENDATION: Staff recommends approval of the Meeting Minutes of Special Meetings of February 12, 2020 and February 25, 2020. BACKGROUND: N/A ANALYSIS: N/A FISCAL IMPACT: N/A COUNCIL GOAL(S) ADDRESSED: N/A ATTACHMENTS: Description ATTACHMENT 1 -2/12/2020 SPCL MINUTES ATTACHMENT 2 -2/25/2020 SPCL MINUTES Page 8 February 12, 2020 CITY OF RANCHO CUCAMONGA CLOSED SESSION, FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCE AUTHORITY AND CITY COUNCIL SPECIAL MEETINGS MINUTES 4:30 P.M. - CLOSED SESSION CALL • • RDER - TAPIA CONFERENCE ROOM The City of Rancho Cucamonga City Council held a closed session on Wednesday February 12, 2020, in the Tapia Conference Room at the Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 4:30 p.m. Present were Council Members: Ryan Hutchison, Kristine Scott, Sam Spagnolo, and Mayor Pro Tern Lynne Kennedy and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Nick Ghirelli, Assistant City Attorney; Elisa Cox, Deputy City Manager/Cultural & Civic Services; Lori Sassoon, Deputy City Manager/Administrative Services; Matt Burris, Deputy City Manager/Economic and Community Development. A. ANNOUNCEMENT OF CLOSED • IMB. PUBLIC COMMUNICATIONS ON CLOSED • No public communications were made. ICITY MANAGER ANNOUNCEMENTS ■ No discussion or actions were taken. CONDUCT OF CLOSED SESSION - TAPIA CONFERENCE • • D.1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE RANCHO CUCAMONGA METROLINK STATION IDENTIFIED AS PARCEL NUMBERS 0209-272-11, 0209-143-21, AND 0209-272-22; NEGOTIATING PARTIES CITY MANAGER JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, CARRIE SCHINDLER REPRESENTING SBCTA, AND MICHAEL DIEDEN REPRESENTING EMPIRE YARDS AT RANCHO, LLC; REGARDING PRICE AND TERMS. — CITY D.2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 9789 MAIN STREET IDENTIFIED AS PARCEL NUMBERS 0209-062-02-0000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND CAROL NORRIS, NORTHTOWN HOUSING DEVELOPMENT CORPORATION.; REGARDING PRICE AND TERMS. -CITY D.3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTH EAST **DRAFT** February 12, 20201 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Special Meeting Minutes City of Rancho Cucamonga I Page 1 of 6 Page 9 CORNER OF ARROW ROUTE AND ROCHESTER AVENUE IDENTIFIED AS PARCEL NUMBER 0229- 012-97-0000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND JACKSON SMITH, NEWCASTLE PARTNERS.; REGARDING PRICE AND TERMS. -CITY D.4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD IDENTIFIED AS PARCEL NUMBERS 1090-331-03-0000, 1090-331-04-0000, 1089-581-04-0000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND JOSEPH FILIPPI, JOSEPH FILIPPI WINERY AND VINEYARDS.; REGARDING PRICE AND TERMS. -CITY D.S. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8783 ETIWANDA AVENUE/12949 WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229 162 14; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KULAR TRUCK LINE, INC., OWNER; REGARDING PRICE AND TERMS — CITY D.6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8810 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229131 07; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND WILLIAM A. JONES AND JOAN F. JONES, TRUSTEES OF THE JONES FAMILY TRUST OF 2010, AS TO AN UNDIVIDED 2/3 INTEREST AND BONNIE CATHRYN STRACK & WILLIAM R. RUSHING, AS SUCCESSOR TRUSTEE OF THE STRACK FAMILY TRUST, DATED MARCH 13, 2014, AS TO AN UNDIVIDED 1/3 INTEREST, OWNERS; REGARDING PRICE AND TERMS — CITY D.7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR INTEREST IN PROPERTY LOCATED AT 8783 ETIWANDA AVENUE/12949 WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916214; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND MR. & MRS. JOAQUIN RAMOS, JOSE NERI, MAURICIO NERI AND JOAQUIN QUIEJ, TENANTS; REGARDING PRICE AND TERMS — CITY D.B. CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION (RCCEA). — CITY D.9. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: AWI BUILDERS, INC V. RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, SAN BERNARDINO COUNTY SUPERIOR COURT, CASE NO. CIV DS 1928697 D.10. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: NATURAL RESOURCES DEFENSE COUNCIL INC. V. CITY OF RANCHO CUCAMONGA, SAN BERNARDINO COUNTY SUPERIOR COURT, CASE NO. CIV DS 1937969 **DRAFT** February 12, 20201 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Special Meeting Minutes City of Rancho Cucamonga I Page 2 of 6 Page 10 The closed session recessed at 6:45 p.m. SPECIAL MEETING — 11 CALL TO • ' DCOUNCIL The special meetings of the Rancho Cucamonga Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and the City of Rancho Cucamonga City Council were held on February 12, 2020 in the Council Chambers at City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 7:00 p.m. Present were Council Members: Ryan Hutchison, Kristine Scott, Sam Spagnolo, and Mayor Pro Tern Lynne Kennedy and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Nick Ghirelli, Assistant City Attorney and Linda Troyan, City Clerk Services Director. A. ANNOUNCEMENTS/PRESENTATIONS No Items. B. PUBLIC COMMUNICATIONS Rob Patel, property owner on Camino Pedrera, shared concerns and spoke on Code Amendment DRC 2020-00004 and a workshop he attended on January 301", 2020; indicated that he has 21 signed petitions from property owners on recommended standards; and displayed building site exhibits. City Manager Gillison clarified that after review by the Planning Commission the item will be placed before the City Council as a public hearing. CONSENTDA CONSENTC. DA' PROTECTION C.1. Consideration of Meeting Minutes: Regular Meetings of January 15, 2020. C.2. Consideration to Award a Contract to K-Vac Environmental Services for Hazardous Waste Removal, Remediation and Disposal Services in an amount not to exceed $10,000 for the remainder of FY 2019/2020 and an annual amount not to exceed $10,000 for FY 2020/2021 through FY 2026/2027, contingent upon approval of the FY 2020/2021 and future budgets. C.3. Consideration to Approve a Resolution Modifying Paying and Reporting the Value of Employer Paid Member Contributions to CALPERS for the Fire Support Services Association Bargaining Unit. RESOLUTION NO. FD-20-001 **DRAFT** February 12, 20201 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Special Meeting Minutes City of Rancho Cucamonga I Page 3 of 6 Page 11 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCMONGA, CALIFORNIA, MODIFYING PAYING AND REPORTING THE VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS TO CALPERS FOR THE FIRE SUPPORT SERVICES ASSOCIATION (FSSA) BARGAINING UNIT MOTION: Moved by Board Member Spagnolo, seconded by Vice-President Kennedy, to approve Consent Calendar Item C1 through C3. Motion carried, 5-0. CONSENTD. • • ' AGENCY D.1. Consideration of Meeting Minutes: Regular Meetings of January 15, 2020. MOTION: Moved by Vice-Chair Kennedy, seconded by Agency Member Spagnolo,to approve Consent Calendar Item D1. Motion carried, 5-0. CONSENTE. • ' AGENCY E.1. Consideration of Meeting Minutes: Regular Meetings of January 15, 2020. MOTION: Moved by Agency Member Scott, seconded by Agency Member Hutchison, to approve Consent Calendar Item E1. CONSENTF. AUTHORITY F.1. Consideration of Meeting Minutes: Regular Meetings of January 15, 2020 MOTION: Moved by Agency Member Hutchison, seconded by Agency Member Scott, to approve Consent Calendar Item F1. Motion carried, 5-0. CONSENTG. DACOUNCIL G.1. Consideration of Meeting Minutes: Regular Meetings of January 15, 2020. G.2. Consideration of an Appropriation in the Amount of$62,000 From the Municipal Utility Fund (Fund 705)for the Purchase of Two Transformers and One Padmounted Switchgear from Anixter Power Solutions. G.3. Consideration of an Appropriation in the Amount of$16,800 From the Municipal Utility Fund (Fund 705)for the CIS Infinity Payment Portal Server Migration. GA. Consideration of Amendment No. 01 to the Agreement with Pacific Utility Installation, Inc. (CO#19-085) in an Additional Amount of$989,237 Plus a 5% Contingency for the Haven Avenue Cable Bring Up and Mayten Business Park/Hampton Inn Projects and Authorize an Appropriation in the Amount of$1,038,700 From the Municipal Utility Fund (Fund 705). G.5. Consideration to Accept as Complete, File the Notice of Completion and Authorize Release of Retention and Bonds and Authorize an Appropriation in the Amount of$6,940 for the Fiscal Year **DRAFT** February 12, 20201 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Special Meeting Minutes City of Rancho Cucamonga I Page 4 of 6 Page 12 2018/19 Major Arterial Pavement Rehabilitation Project at Haven Avenue, Foothill Boulevard and Hermosa Avenue. G.6. Consideration of an Increase in Construction Contingency and an Additional Appropriation in the Amount of$31,000 from the Transportation Fund (Fund 124) for the Freeway and Arterial Signal Synchronization Project. G.7. Consideration to Award a Contract to K-Vac Environmental Services for Hazardous Waste Removal, Remediation and Disposal Services in an amount not to exceed $20,000 for the remainder of FY 2019/2020 and an annual amount not to exceed $40,000 for FY 2020/2021 through FY 2026/2027, contingent upon approval of the FY 2020/2021 and future budgets. G.B. Consideration to Accept the Traffic Signal Battery Backup System Replacement FY 18-19 Project as Complete, File the Notice of Completion, and Authorize Release of Retention and Bonds MOTION: Moved by Council Member Scott,seconded by Mayor Pro Tern Kennedy,to approve Consent Calendar Items G1 through G8. Motion carried, 5-0. CONSENTH. ORDINANCES No Items. 1. ADMINISTRATIVE HEARING ITEM No Items. COUNCILJ. ADVERTISED PUBLIC HEARINGS CITY No items K. CITY MANAGERS STAFF REPORTS No items COUNCILL. L.1. COUNCIL ANNOUNCEMENTS Mayor Pro Tern Kennedy spoke about the outstanding Future Business Leaders of America competition presentations held at Los Osos High School. L.2. INTER-AGENCY UPDATES **DRAFT** February 12, 20201 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Special Meeting Minutes City of Rancho Cucamonga I Page 5 of 6 Page 13 Mayor Pro Tern Kennedy reported her attendance at a CONFIRE meeting that morning regarding a Joint Powers Authority Agreement on a computer assisted dispatch program to decrease response times and incorporate 911 emergency technology. IDENTIFICATIONM. OF • ' NEXT MEETING None. N. ADJOURNMENT Mayor Michael adjourned the meeting at 7:12 p.m. Respectfully submitted, Linda A. Troyan, MMC City Clerk Services Director Approved: **DRAFT** February 12, 20201 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Special Meeting Minutes City of Rancho Cucamonga I Page 6 of 6 Page 14 February 25, 2020 CITY OF RANCHO CUCAMONGA CITY COUNCIL AND FIRE PROTECTION DISTRICT SPECIAL MEETING MINUTES CALL TO ORDER The City of Rancho Cucamonga City Council held a special meeting on Tuesday, February 25, 2020, in Paul A. Biane Library, Second Story Exhibit Space, 12505 Cultural Center Drive, Rancho Cucamonga, California. Mayor L. Dennis Michael called the meeting to order at 9:05 a.m. Present were Councilmembers Ryan Hutchison, Kristine Scott, Sam Spagnolo, Mayor Pro Tern Lynne Kennedy, and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Elisa Cox, Deputy City Manager/Civic and Cultural Services; Lori Sassoon, Deputy City Manager/Administrative Services; Matt Burris, Deputy City Manager/Community and Economic Development; and Linda A. Troyan, City Clerk Services Director. PUBLIC COMMUNICATIONS No public communications were made. ITEMS OF • C1. City Council Teambuilding Workshop Discussion on City Council Norms, Values, a Draft Vision and Mission Statement, Draft Code of Ethics, and City Council Goals Including Work Plan. City Council, along with City Manager Gillison and staff, reviewed, discussed, and finalized draft City Council Mission Statement, Core Values, and Vision Statement. Recess: The meeting recessed at 12:20 p.m. for lunch. Reconvene: The meeting reconvened at 1:30 p.m. Present were Councilmembers Ryan Hutchison, Kristine Scott, Sam Spagnolo, Mayor Pro Tern Lynne Kennedy, and Mayor L. Dennis Michael. Council reviewed and commented on a draft Code of Ethics, and staff presented the 2020 City Departmental Workplan. Final City Council Mission and Vision Statements, Core Values, Code of Ethics, and a Resolution of Commitment to Unified Governance to return to Council for adoption at a City Council meeting. ADJOURNMENT Mayor Michael adjourned the meeting at 3:15 p.m. Respectfully submitted, Linda A. Troyan, MMC City Clerk Services Director Approved: February 25, 2020 1 City Council Special Meeting Minutes City of Rancho Cucamonga I Page 1 of 1 Page 15 NEW DATE: March 4, 2020 TO: President and Members of the Board of Directors FROM: John R. Gillison, City Manager INITIATED BY: Tamara Layne, Finance Director SUBJECT: CONSIDERATION TO APPROVE BI-WEEKLY PAYROLL IN THE AMOUNT OF $658,867.02 AND WEEKLY CHECK REGISTERS (NO CHECKS ISSUED TO SOUTHERN CALIFORNIA GAS COMPANY) IN THE AMOUNT OF $672,390.26 DATED FEBRUARY 11, 2020 THROUGH FEBRUARY 24, 2020 AND ELECTRONIC DEBIT REGISTER FOR THE MONTH OF JANUARY IN THE AMOUNT OF $796,833.66. 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 Attachment 1 Electronic Check Register Page 16 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 2/11/2020 through 2/24/2020 Check No. Check Date Vendor Name Ca Fire Amount AP 00010191 02/12/2020 CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA 22,536.74 0.00 22,536.74 AP 00010192 02/12/2020 GEOGRAPHICS 3,635.00 0.00 3,635.00 AP 00010193 02/12/2020 INDERWEISCHE,MATT 1,020.00 0.00 1,020.00 AP 00010194 02/12/2020 RCCEA 1,942.00 0.00 1,942.00 AP 00010195 02/12/2020 RCPFA 11,058.47 0.00 11,058.47 AP 00010196 02/12/2020 SAN BERNARDINO CTY SHERIFFS DEPT 3,639,165.25 0.00 3,639,165.25 AP 00010197 02/12/2020 SARGENT TOWN PLANNING INC 39,520.00 0.00 39,520.00 AP 00010198 02/12/2020 U S DEPARTMENT OF ENERGY 7,292.56 0.00 7,292.56 AP 00010199 02/13/2020 ABC LOCKSMITHS 485.68 0.00 485.68 AP 00010200 02/13/2020 BRODART BOOKS 39,095.12 0.00 39,095.12 AP 00010201 02/13/2020 CARQUEST AUTO PARTS 738.57 0.00 738.57 AP 00010202 02/13/2020 DEMCOINC 45.56 0.00 45.56 AP 00010203 02/13/2020 DUNN EDWARDS CORPORATION 675.77 0.00 675.77 AP 00010204 02/13/2020 ECS IMAGING INC 2,076.18 0.00 2,076.18 AP 00010205 02/13/2020 KME FIRE APPARATUS 0.00 4,130.05 4,130.05 AP 00010206 02/13/2020 MINUTEMAN PRESS 183.18 0.00 183.18 AP 00010207 02/13/2020 OC TANNER RECOGNITION COMPANY 533.58 0.00 533.58 AP 00010208 02/13/2020 OFFICE DEPOT 3,518.16 1,316.89 4,835.05 *** AP 00010209 02/13/2020 PSA PRINT GROUP 232.74 0.00 232.74 AP 00010210 02/13/2020 SIEMENS MOBILITY INC 45,991.53 0.00 45,991.53 AP 00010211 02/13/2020 SITEONE LANDSCAPE SUPPLY LLC 3,763.12 0.00 3,763.12 AP 00010212 02/13/2020 SOUTHERN CALIFORNIA NEWS GROUP 2,390.72 0.00 2,390.72 AP 00010213 02/13/2020 SUNRISE FORD 1,567.55 0.00 1,567.55 AP 00010214 02/19/2020 CALPINE ENERGY SERVICES LP 102,000.00 0.00 102,000.00 AP 00010215 02/19/2020 RIVERSIDE,CITY OF 6,909.00 0.00 6,909.00 AP 00010216 02/19/2020 SAN BERNARDINO COUNTY 160.00 0.00 160.00 AP 00010217 02/19/2020 SHELL ENERGY NORTH AMERICA 269,799.49 0.00 269,799.49 AP 00010218 02/20/2020 ABC LOCKSMITHS 40.00 0.00 40.00 AP 00010219 02/20/2020 AIRGAS USA LLC 304.63 0.00 304.63 AP 00010220 02/20/2020 CARQUEST AUTO PARTS 767.39 0.00 767.39 AP 00010221 02/20/2020 OFFICE DEPOT 5,870.01 0.00 5,870.01 AP 00010222 02/20/2020 SITEONE LANDSCAPE SUPPLY LLC 710.44 0.00 710.44 AP 00010223 02/20/2020 SUNRISE FORD 181.35 0.00 181.35 AP 00407497 02/12/2020 49ER COMMUNICATIONS 0.00 720.00 720.00 AP 00407498 02/12/2020 ABLE BUILDING MAINTENANCE 1,660.60 0.00 1,660.60 AP 00407499 02/12/2020 ACEY DECY EQUIPMENT INC 636.35 0.00 636.35 AP 00407500 02/12/2020 ACTION AWARDS INC 97.20 0.00 97.20 AP 00407501 02/12/2020 ACTION CHEMICAL COMPANY 1,274.70 0.00 1,274.70 AP 00407502 02/12/2020 ADVANTAGE SEALING SYSTEMS INC 89.22 0.00 89.22 AP 00407503 02/12/2020 AFLAC GROUP INSURANCE 24.58 0.00 24.58 AP 00407504 02/12/2020 AFLAC GROUP INSURANCE 4,597.30 0.00 4,597.30 AP 00407505 02/12/2020 ALBERT GROVER&ASSOCIATES 2,025.00 0.00 2,025.00 AP 00407506 02/12/2020 ALCORN,RICHARD 114.59 0.00 114.59 AP 00407507 02/12/2020 ALLIANT INSURANCE SERVICES INC 13,083.00 0.00 13,083.00 AP 00407508 02/12/2020 ALLSTAR FIRE EQUIPMENT INC 0.00 219.45 219.45 AP 00407509 02/12/2020 ALPHAGRAPHICS 72.72 0.00 72.72 AP 00407510 02/12/2020 ALTA VISTA MOBILE HOME PARK 397.59 0.00 397.59 User: VLOPEZ-VERONICA LOPEZ Page: 1 Current Date: 02/25/2020 Report:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED-CK:Agenda Check Register Portrait Layout Time: 07:07:09 Page 17 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 2/11/2020 through 2/24/2020 Check No. Check Date Vendor Name Ca Fire Amount AP 00407511 02/12/2020 AQUABIO ENVIRONMENTAL TECHNOLOGIES INC. 1,450.00 0.00 1,450.00 AP 00407512 02/12/2020 AUTO AND RV SPECIALISTS INC. 99.66 0.00 99.66 AP 00407513 02/12/2020 BLUM ELECTRIC 0.00 1,987.00 1,987.00 AP 00407514 02/12/2020 BOLTON,HEATHER 542.58 0.00 542.58 AP 00407515 02/12/2020 BOUND TREE MEDICAL LLC 0.00 31.57 31.57 AP 00407516 02/12/2020 BRIGHTVIEW LANDSCAPE SERVICES INC 53,476.67 0.00 53,476.67 AP 00407517 02/12/2020 BUREAU VERITAS NORTH AMERICA INC 19,708.80 0.00 19,708.80 AP 00407518 02/12/2020 C V W D 266.66 291.01 557.67 *** AP 00407522 02/12/2020 C V W D 20,416.47 370.86 20,787.33 *** AP 00407523 02/12/2020 CA LLC-DBA ALTA LAGUNA MHP 500.00 0.00 500.00 AP 00407524 02/12/2020 CAL PERS LONG-TERM CARE PROGRAM 164.48 0.00 164.48 AP 00407525 02/12/2020 CALIFORNIA FIRE EXPLORING ASSOCIATION 0.00 1,000.00 1,000.00 AP 00407526 02/12/2020 CALIFORNIA MUNICIPAL STATISTICS INC 425.00 0.00 425.00 AP 00407527 02/12/2020 CALIFORNIA,STATE OF 314.11 0.00 314.11 AP 00407528 02/12/2020 CALIFORNIA,STATE OF 8.44 0.00 8.44 AP 00407529 02/12/2020 CALIFORNIA,STATE OF 100.00 0.00 100.00 AP 00407530 02/12/2020 CALIFORNIA,STATE OF 30.00 0.00 30.00 AP 00407531 02/12/2020 CARTY,DIANE 108.00 0.00 108.00 AP 00407532 02/12/2020 CASA VOLANTE MOBILE HOME PARK 700.00 0.00 700.00 AP 00407533 02/12/2020 CCS ORANGE COUNTY JANITORIAL INC 0.00 1,603.90 1,603.90 AP 00407534 02/12/2020 CHAPARRAL HEIGHTS MOBILE HOME PARK 474.35 0.00 474.35 AP 00407535 02/12/2020 CHARTER COMMUNICATIONS 7,984.51 6,365.46 14,349.97 *** AP 00407536 02/12/2020 CINTAS CORPORATION #150 1,350.89 492.34 1,843.23 *** AP 00407537 02/12/2020 CIVIC SOLUTIONS INC 3,620.00 0.00 3,620.00 AP 00407538 02/12/2020 CLARK,KAREN 315.00 0.00 315.00 AP 00407539 02/12/2020 CLIMATEC LLC 5,797.35 0.00 5,797.35 AP 00407540 02/12/2020 CONSOLIDATED ELECTRICAL DISTR INC 764.50 0.00 764.50 AP 00407541 02/12/2020 COSTAR REALTY INFORMATION INC 2,909.28 0.00 2,909.28 AP 00407542 02/12/2020 CPRS 145.00 0.00 145.00 AP 00407543 02/12/2020 DALTON,KING 500.00 0.00 500.00 AP 00407544 02/12/2020 DATA TICKET INC 4,594.68 0.00 4,594.68 AP 00407545 02/12/2020 DCS PRINT SHOP LLC 282.31 0.00 282.31 AP 00407546 02/12/2020 DELL MARKETING LP 70,340.35 0.00 70,340.35 AP 00407547 02/12/2020 DELL MARKETING LP 399,347.52 0.00 399,347.52 AP 00407548 02/12/2020 DELL MARKETING LP 127,982.80 0.00 127,982.80 AP 00407549 02/12/2020 DELTA DENTAL INSURANCE COMPANY 1,279.34 0.00 1,279.34 AP 00407550 02/12/2020 DELTA DENTAL INSURANCE COMPANY 40,554.16 0.00 40,554.16 AP 00407551 02/12/2020 DEROTIC EMERGENCY EQUIPMENT 0.00 165,002.27 165,002.27 AP 00407552 02/12/2020 DIRECTV 179.24 0.00 179.24 AP 00407553 02/12/2020 DOG WASTE DEPOT 620.53 0.00 620.53 AP 00407554 02/12/2020 DOUCET,MICHAEL L. 9,300.00 0.00 9,300.00 AP 00407555 02/12/2020 DP SOLUTIONS INC 1,750.00 0.00 1,750.00 AP 00407556 02/12/2020 EDWARDS JR,ANTONIO 300.00 0.00 300.00 AP 00407557 02/12/2020 EMERALD CITY LLC 8,000.00 0.00 8,000.00 AP 00407558 02/12/2020 EXPRESS BRAKE SUPPLY 937.62 0.00 937.62 AP 00407559 02/12/2020 FELICIANO,ANTHONY 162.00 0.00 162.00 AP 00407560 02/12/2020 FORD OF UPLAND INC 4,393.34 0.00 4,393.34 User: VLOPEZ-VERONICA LOPEZ Page: 2 Current Date: 02/25/2020 Report:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED-CK:Agenda Check Register Portrait Layout Time: 07:07:09 Page 18 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 2/11/2020 through 2/24/2020 Check No. Check Date Vendor Name Ca Fire Amount AP 00407561 02/12/2020 FRANKLIN TRUCK PARTS 0.00 699.30 699.30 AP 00407562 02/12/2020 GLOBALSTAR USA 172.59 0.00 172.59 AP 00407563 02/12/2020 GONZALEZ,CATHY 157.50 0.00 157.50 AP 00407564 02/12/2020 GOVERNMENT SOCIAL MEDIA LLC 185.00 0.00 185.00 AP 00407565 02/12/2020 GRAHAM,JENNIFER HELEN 300.00 0.00 300.00 AP 00407566 02/12/2020 GRAINGER 1,346.61 111.73 1,458.34 *** AP 00407567 02/12/2020 GRAPHICS FACTORY PRINTING INC. 513.16 0.00 513.16 AP 00407568 02/12/2020 GROVES ON FOOTHILL,THE 200.00 0.00 200.00 AP 00407569 02/12/2020 HANGTIME SPORTS 2,094.00 0.00 2,094.00 AP 00407570 02/12/2020 HERITAGE EDUCATION GROUP 850.00 0.00 850.00 AP 00407571 02/12/2020 HI-WAY SAFETY INC 1,219.72 0.00 1,219.72 AP 00407572 02/12/2020 HMC ARCHITECTS 0.00 15,329.93 15,329.93 AP 00407573 02/12/2020 HOMETOWN AMERICA RAMONA VILLA 500.00 0.00 500.00 AP 00407574 02/12/2020 HONDA YAMAHA HUSQVARNA OF REDLANDS 1,827.52 0.00 1,827.52 AP 00407575 02/12/2020 ILAND INTERNET SOLUTIONS 7,517.62 0.00 7,517.62 AP 00407576 02/12/2020 INLAND PRESORT&MAILING SERVICES 331.19 0.00 331.19 AP 00407577 02/12/2020 INTERWEST CONSULTING GROUP INC 360.00 2,668.11 3,028.11 *** AP 00407578 02/12/2020 JEEP CHRYSLER OF ONTARIO INC 561.67 0.00 561.67 AP 00407579 02/12/2020 KEALOHA,TRINITY 50.84 0.00 50.84 AP 00407580 02/12/2020 KEITH,JORRY 252.00 0.00 252.00 AP 00407581 02/12/2020 KINDRED CORPORATION 31,479.01 0.00 31,479.01 AP 00407582 02/12/2020 KLAUS AND SONS 1,507.00 0.00 1,507.00 AP 00407583 02/12/2020 LE,VUONG 974.00 0.00 974.00 AP 00407584 02/12/2020 LEESE,CHRISTIAN 500.00 0.00 500.00 AP 00407585 02/12/2020 LIEBERT CASSIDY WHITMORE 7,366.80 0.00 7,366.80 AP 00407586 02/12/2020 LIFE ASSIST INC 0.00 708.47 708.47 AP 00407587 02/12/2020 LIFESTREAM 2,000.00 0.00 2,000.00 AP 00407588 02/12/2020 LONDVOGT,JUSTIN 0.00 25.00 25.00 AP 00407589 02/12/2020 LOPEZ,ANGEL 250.00 0.00 250.00 AP 00407591 02/12/2020 LOWES COMPANIES INC. 4,402.89 3,087.81 7,490.70 *** AP 00407592 02/12/2020 LVD EMPIRE LAKES LLC 23,712.00 0.00 23,712.00 AP 00407593 02/12/2020 MA,HAIYAN 3,772.00 0.00 3,772.00 AP 00407594 02/12/2020 MACIEL,LUIS 15.30 0.00 15.30 AP 00407595 02/12/2020 MAGELLAN ADVISORS LLC 15,750.00 0.00 15,750.00 AP 00407596 02/12/2020 MAIN STREET SIGNS 398.30 0.00 398.30 AP 00407597 02/12/2020 MARIPOSA LANDSCAPES INC 28,405.68 2,428.71 30,834.39 *** AP 00407598 02/12/2020 MARLINK SA INC 0.00 163.09 163.09 AP 00407599 02/12/2020 MATLOCK DESIGN BUILD INC 3,210.00 0.00 3,210.00 AP 00407600 02/12/2020 MAXWELL,ANTHONY 72.00 0.00 72.00 AP 00407601 02/12/2020 MCI 34.68 0.00 34.68 AP 00407602 02/12/2020 MEDINA,MARGARITA 135.60 0.00 135.60 AP 00407603 02/12/2020 MESSINA AND ASSOCIATES INC 0.00 2,612.50 2,612.50 AP 00407604 02/12/2020 MG PETROLEUM INC 489.00 0.00 489.00 AP 00407605 02/12/2020 MGT OF AMERICA INC 5,000.00 0.00 5,000.00 AP 00407607 02/12/2020 MIDWEST TAPE 4,145.84 0.00 4,145.84 AP 00407608 02/12/2020 MOROHUNFOLA,KIMBERLY 60.54 0.00 60.54 AP 00407609 02/12/2020 MORRIS,RICHARD 90.00 0.00 90.00 User: VLOPEZ-VERONICA LOPEZ Page: 3 Current Date: 02/25/2020 Report:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED-CK:Agenda Check Register Portrait Layout Time: 07:07:09 Page 19 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 2/11/2020 through 2/24/2020 Check No. Check Date Vendor Name Ca Fire Amount AP 00407610 02/12/2020 MOTOPORT 2,102.57 0.00 2,102.57 AP 00407611 02/12/2020 MOUNTAIN VIEW SMALL ENG REPAIR 833.55 0.00 833.55 AP 00407612 02/12/2020 MUNWE,CHRISTIAN 32.79 0.00 32.79 AP 00407613 02/12/2020 MUSICLAND 1,400.00 0.00 1,400.00 AP 00407614 02/12/2020 MYERS TIRE SUPPLY COMPANY 15.89 0.00 15.89 AP 00407615 02/12/2020 NAPA AUTO PARTS 0.00 360.89 360.89 AP 00407616 02/12/2020 NATIONAL RECREATION AND PARK ASSOC 675.00 0.00 675.00 AP 00407617 02/12/2020 NEOPOST USA INC 540.46 0.00 540.46 AP 00407618 02/12/2020 NICHOLS,GARY 595.00 0.00 595.00 AP 00407619 02/12/2020 NUNLEY,CARYN 30.40 0.00 30.40 AP 00407620 02/12/2020 OCCUPATIONAL HEALTH CTRS OF CA 125.50 0.00 125.50 AP 00407621 02/12/2020 ONTRAC 53.76 0.00 53.76 AP 00407622 02/12/2020 OPTION ONE PLUMBING 925.00 0.00 925.00 AP 00407623 02/12/2020 ORKIN PEST CONTROL 497.02 663.69 1,160.71 *** AP 00407624 02/12/2020 OSIAS,WALTER 27.07 0.00 27.07 AP 00407625 02/12/2020 PACIFIC UTILITY INSTALLATION INC 900.00 0.00 900.00 AP 00407626 02/12/2020 PALACIOS,JENNIFER 49.74 0.00 49.74 AP 00407627 02/12/2020 PEP BOYS 146.45 0.00 146.45 AP 00407628 02/12/2020 PINES MOBILE HOME PARK,THE 200.00 0.00 200.00 AP 00407629 02/12/2020 PIONEER MANUFACTURING 52.91 0.00 52.91 AP 00407630 02/12/2020 PRE-PAID LEGAL SERVICES INC 60.17 0.00 60.17 AP 00407631 02/12/2020 PRECISION GYMNASTICS 1,316.70 0.00 1,316.70 AP 00407632 02/12/2020 PRO-LINE INDUSTRIAL PRODUCTS INC 730.55 0.00 730.55 AP 00407633 02/12/2020 PSOMAS 1,268.75 0.00 1,268.75 AP 00407634 02/12/2020 R AND R AUTOMOTIVE 1,556.62 0.00 1,556.62 AP 00407635 02/12/2020 RADIUS GLOBAL SOLUTIONS 558.44 0.00 558.44 AP 00407636 02/12/2020 RANCHO CUCAMONGA TOWN SQUARE 10,036.10 0.00 10,036.10 AP 00407637 02/12/2020 RBM LOCK AND KEY SERVICE 354.17 0.00 354.17 AP 00407638 02/12/2020 RDO EQUIPMENT COMPANY 65.92 0.00 65.92 AP 00407639 02/12/2020 RED WING BUSINESS ADVANTAGE ACCOUNT 184.24 0.00 184.24 AP 00407640 02/12/2020 ROTO ROOTER SERVICES COMPANY 935.15 0.00 935.15 AP 00407641 02/12/2020 S C C E ELECTRICAL SERVICES 1,280.00 0.00 1,280.00 AP 00407642 02/12/2020 SAFE-ENTRY TECHNICAL INC 0.00 240.00 240.00 AP 00407643 02/12/2020 SAN BERNARDINO CO AUDITOR CONT 6,589.42 0.00 6,589.42 AP 00407644 02/12/2020 SAN BERNARDINO COUNTY 18,098.39 0.00 18,098.39 AP 00407645 02/12/2020 SAN BERNARDINO COUNTY SHERIFFS DEPT 2,649.41 0.00 2,649.41 AP 00407646 02/12/2020 SAN BERNARDINO CTY AUDITOR CONTROLLER 26.00 0.00 26.00 AP 00407647 02/12/2020 SBPEA 2,596.24 0.00 2,596.24 AP 00407648 02/12/2020 SC FUELS 27,889.66 0.00 27,889.66 AP 00407649 02/12/2020 SHEAKLEY PENSION ADMINISTRATION 413.25 181.20 594.45 *** AP 00407650 02/12/2020 SHERIFFS COURT SERVICES 100.00 0.00 100.00 AP 00407651 02/12/2020 SHOETERIA 1,568.97 0.00 1,568.97 AP 00407652 02/12/2020 SHRED PROS 361.00 0.00 361.00 AP 00407657 02/12/2020 SOUTHERN CALIFORNIA EDISON 27,192.48 1,396.40 28,588.88 *** AP 00407658 02/12/2020 SOUTHERN CALIFORNIA EDISON 210.75 0.00 210.75 AP 00407659 02/12/2020 STANDARD INSURANCE COMPANY 3,600.19 0.00 3,600.19 AP 00407660 02/12/2020 STOTZ EQUIPMENT 47.11 0.00 47.11 User: VLOPEZ-VERONICA LOPEZ Page: 4 Current Date: 02/25/2020 Report:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED-CK:Agenda Check Register Portrait Layout Time: 07:07:09 Page 20 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 2/11/2020 through 2/24/2020 Check No. Check Date Vendor Name Ca Fire Amount AP 00407661 02/12/2020 SUNSHINE GROWERS NURSERY INC 350.40 0.00 350.40 AP 00407662 02/12/2020 SUNSHINE GROWERS NURSERY INC 74.99 0.00 74.99 AP 00407663 02/12/2020 SYCAMORE VILLA MOBILE HOME PARK 400.00 0.00 400.00 AP 00407664 02/12/2020 TINT CITY WINDOW TINTING 350.00 0.00 350.00 AP 00407665 02/12/2020 TIREHUB LLC 3,790.28 0.00 3,790.28 AP 00407666 02/12/2020 TOBIKO SUSHI 1,377.16 0.00 1,377.16 AP 00407667 02/12/2020 TORO TOWING 120.00 0.00 120.00 AP 00407668 02/12/2020 TRINITY EQUIPMENT RENTALS 390.39 0.00 390.39 AP 00407669 02/12/2020 TYUS,IDA 225.00 0.00 225.00 AP 00407670 02/12/2020 UNITED WAY 60.00 0.00 60.00 AP 00407671 02/12/2020 UNIVERSAL MARTIAL ARTS CENTERS 276.50 0.00 276.50 AP 00407672 02/12/2020 UPS 83.80 0.00 83.80 AP 00407673 02/12/2020 VERIZON WIRELESS-LA 81.01 0.00 81.01 AP 00407674 02/12/2020 VERIZON WIRELESS-LA 101.97 0.00 101.97 AP 00407675 02/12/2020 VERIZON WIRELESS-LA 4,447.82 0.00 4,447.82 AP 00407676 02/12/2020 VISION COMMUNICATIONS CO 99.00 0.00 99.00 AP 00407677 02/12/2020 VULCAN MATERIALS COMPANY 3,842.25 0.00 3,842.25 AP 00407678 02/12/2020 WAXIE SANITARY SUPPLY 4,414.90 2,495.38 6,910.28 *** AP 00407679 02/12/2020 WELDAY,JASON 2,300.00 0.00 2,300.00 AP 00407680 02/12/2020 WEST COAST ARBORISTS INC 12,929.00 0.00 12,929.00 AP 00407681 02/12/2020 WEST END REAL ESTATE PROFESSIONALS 505.23 0.00 505.23 AP 00407682 02/12/2020 WESTRUX INTERNATIONAL INC 559.96 0.00 559.96 AP 00407683 02/12/2020 WHITE HOUSE PHOTO INC 1,050.00 0.00 1,050.00 AP 00407684 02/12/2020 WHITE,JAZMYNE 49.21 0.00 49.21 AP 00407685 02/12/2020 WILKERSON-CAVER,PAMELA 90.00 0.00 90.00 AP 00407686 02/12/2020 WYATT GROUP,THE 2,000.00 0.00 2,000.00 AP 00407687 02/12/2020 XEROX CORPORATION 1,409.53 0.00 1,409.53 AP 00407688 02/12/2020 XEROX CORPORATION 1,141.99 0.00 1,141.99 AP 00407689 02/19/2020 A'JONTUE,ROSE ANN 768.00 0.00 768.00 AP 00407690 02/19/2020 ABLE BUILDING MAINTENANCE 1,421.40 0.00 1,421.40 AP 00407691 02/19/2020 ABM BUSINESS MACHINES INC 975.00 0.00 975.00 AP 00407692 02/19/2020 ADVANCED CHEMICAL TRANSPORT 1,437.50 0.00 1,437.50 AP 00407693 02/19/2020 ALTA LOMA ANIMAL HOSPITAL 225.00 0.00 225.00 AP 00407694 02/19/2020 AQUINO,GIOVANNA 500.00 0.00 500.00 AP 00407695 02/19/2020 AUFBAU CORPORATION 560.00 0.00 560.00 AP 00407696 02/19/2020 BAGRO,CATHERINE 500.00 0.00 500.00 AP 00407697 02/19/2020 BAYER HEALTHCARE LLC 66.46 0.00 66.46 AP 00407698 02/19/2020 BILL&WAGS INC 0.00 892.97 892.97 AP 00407699 02/19/2020 BOEHRINGER INGELHEIM ANIMAL HEALTH USA INC 446.09 0.00 446.09 AP 00407700 02/19/2020 BURRIS,MATT 15.82 0.00 15.82 AP 00407703 02/19/2020 C V W D 9,123.76 674.86 9,798.62 *** AP 00407704 02/19/2020 CALIFORNIA ASSOCIATION OF PUBLIC INFO OFFICIALS 0.00 275.00 275.00 AP 00407705 02/19/2020 CALIFORNIA DPT OF TAX&FEE ADMINISTRATION 807.68 395.15 1,202.83 *** AP 00407706 02/19/2020 CAMACHO,RAY 15.72 0.00 15.72 AP 00407707 02/19/2020 CASTILLO,JESSIE 375.00 0.00 375.00 AP 00407708 02/19/2020 CINTAS CORPORATION #150 0.00 270.13 270.13 AP 00407709 02/19/2020 CONFIRE JPA 0.00 2,812.50 2,812.50 User: VLOPEZ-VERONICA LOPEZ Page: 5 Current Date: 02/25/2020 Report:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED-CK:Agenda Check Register Portrait Layout Time: 07:07:09 Page 21 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 2/11/2020 through 2/24/2020 Check No. Check Date Vendor Name Ca Fire Amount AP 00407710 02/19/2020 COVETRUS NORTH AMERICA 178.28 0.00 178.28 AP 00407711 02/19/2020 CRIME SCENE STERI-CLEAN LLC 270.00 0.00 270.00 AP 00407712 02/19/2020 DEPARTMENT OF JUSTICE 1,833.00 0.00 1,833.00 AP 00407713 02/19/2020 DEREUS,RONALD 71.55 0.00 71.55 AP 00407714 02/19/2020 DFM ASSOCIATES 117.98 0.00 117.98 AP 00407715 02/19/2020 DIAZ,RICK 200.00 0.00 200.00 AP 00407716 02/19/2020 DIG SAFE BOARD 101.69 0.00 101.69 AP 00407717 02/19/2020 DIRECTV 88.79 0.00 88.79 AP 00407718 02/19/2020 DIRECTV 74.24 0.00 74.24 AP 00407719 02/19/2020 EPIC LAND SOLUTIONS INC 1,200.00 0.00 1,200.00 AP 00407720 02/19/2020 EXECUTIVE AUTO DETAIL 0.00 160.00 160.00 AP 00407721 02/19/2020 EXPERIAN 52.00 0.00 52.00 AP 00407722 02/19/2020 FAILSAFE TESTING LLC 0.00 4,758.20 4,758.20 AP 00407723 02/19/2020 FEHR AND PEERS 14,756.20 0.00 14,756.20 AP 00407724 02/19/2020 FELICIANO,ANTHONY 216.00 0.00 216.00 AP 00407725 02/19/2020 FORTIN LAW GROUP 10,887.97 0.00 10,887.97 AP 00407726 02/19/2020 FRANKLIN TRUCK PARTS 0.00 49.26 49.26 AP 00407727 02/19/2020 GOLDEN OAKS VET HOSPITAL 125.00 0.00 125.00 AP 00407728 02/19/2020 GRAPHICS FACTORY PRINTING INC. 398.68 0.00 398.68 AP 00407729 02/19/2020 HDL COREN AND CONE 4,200.00 0.00 4,200.00 AP 00407730 02/19/2020 HILLS PET NUTRITION SALES INC 3,473.76 0.00 3,473.76 AP 00407731 02/19/2020 HOGAN,ADAM 1,930.40 0.00 1,930.40 AP 00407732 02/19/2020 HOME DEPOT CREDIT SERVICES 376.57 0.00 376.57 AP 00407733 02/19/2020 HOYT LUMBER CO.,SM 0.00 195.51 195.51 AP 00407734 02/19/2020 HUMANE SOCIETY OF SAN BERNARDINO VALLEY 50.00 0.00 50.00 AP 00407735 02/19/2020 IDEAL GLASS TINTING 1,700.00 0.00 1,700.00 AP 00407736 02/19/2020 IDEXX DISTRIBUTION INC 2,998.31 0.00 2,998.31 AP 00407737 02/19/2020 IMAGEMPORIUM,THE 1,746.03 0.00 1,746.03 AP 00407738 02/19/2020 INLAND OVERHEAD DOOR COMPANY 189.00 0.00 189.00 AP 00407739 02/19/2020 INTERSTATE BATTERIES 1,354.55 0.00 1,354.55 AP 00407740 02/19/2020 INTERVET INC 2,567.25 0.00 2,567.25 AP 00407741 02/19/2020 INTERWEST CONSULTING GROUP INC 0.00 95.00 95.00 AP 00407742 02/19/2020 INYO NETWORKS 3,682.70 0.00 3,682.70 AP 00407743 02/19/2020 LEVEL 3 COMMUNICATIONS LLC 5,460.19 0.00 5,460.19 AP 00407744 02/19/2020 LITTLE BEAR PRODUCTIONS 400.00 0.00 400.00 AP 00407745 02/19/2020 MAGELLAN ADVISORS LLC 4,620.00 0.00 4,620.00 AP 00407746 02/19/2020 MDG ASSOCIATES INC 5,142.50 0.00 5,142.50 AP 00407747 02/19/2020 MORRIS,KIMBERLY 333.66 0.00 333.66 AP 00407748 02/19/2020 NAPA AUTO PARTS 0.00 361.35 361.35 AP 00407749 02/19/2020 NATIONAL DATA&SURVEYING SERVICES 220.00 0.00 220.00 AP 00407750 02/19/2020 NEIGHBORS,ZACK 139.15 0.00 139.15 AP 00407751 02/19/2020 NEWCO DISTRIBUTORS INC 1,727.23 0.00 1,727.23 AP 00407752 02/19/2020 ONTRAC 8.24 0.00 8.24 AP 00407753 02/19/2020 OPARC 264.00 0.00 264.00 AP 00407754 02/19/2020 PACIFIC WESTERN BANK 9,226.99 21,529.63 30,756.62 *** AP 00407755 02/19/2020 PEP BOYS 22.50 0.00 22.50 AP 00407756 02/19/2020 POSTAL PERFECT 165.00 0.00 165.00 User: VLOPEZ-VERONICA LOPEZ Page: 6 Current Date: 02/25/2020 Report:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED-CK:Agenda Check Register Portrait Layout Time: 07:07:09 Page 22 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 2/11/2020 through 2/24/2020 Check No. Check Date Vendor Name Ca Fire Amount AP 00407757 02/19/2020 R AND R AUTOMOTIVE 1,993.19 0.00 1,993.19 AP 00407758 02/19/2020 RC CONSTRUCTION SERVICES INC 175,312.72 409,063.02 584,375.74 *** AP 00407759 02/19/2020 RICHARDS WATSON AND GERSHON 36,858.64 7,744.42 44,603.06 *** AP 00407760 02/19/2020 S C C E ELECTRICAL SERVICES 5,250.00 0.00 5,250.00 AP 00407761 02/19/2020 S C C E ELECTRICAL SERVICES 5,250.00 0.00 5,250.00 AP 00407762 02/19/2020 SAN BERNARDINO COUNTY 0.00 60.00 60.00 AP 00407763 02/19/2020 SAN BERNARDINO COUNTY SHERIFFS DEPT 638.00 0.00 638.00 AP 00407764 02/19/2020 SEGAAR,AARON 0.00 295.00 295.00 AP 00407765 02/19/2020 SIGN SHOP,THE 0.00 249.87 249.87 AP 00407770 02/19/2020 SOUTHERN CALIFORNIA EDISON 11,381.52 1,089.53 12,471.05 *** AP 00407771 02/19/2020 SOUTHERN CALIFORNIA EDISON 61,114.05 0.00 61,114.05 AP 00407772 02/19/2020 SOUTHERN CALIFORNIA EDISON 372.78 0.00 372.78 AP 00407773 02/19/2020 STRAKA,JACQUELINE 70.00 0.00 70.00 AP 00407774 02/19/2020 THE COUNSELING TEAM INTERNATIONAL 0.00 1,275.00 1,275.00 AP 00407775 02/19/2020 TIREHUB LLC 174.15 938.09 1,112.24 *** AP 00407776 02/19/2020 TUZZOLINO,SHELI 36.62 0.00 36.62 AP 00407777 02/19/2020 U S LEGAL SUPPORT INC 6,208.38 0.00 6,208.38 AP 00407778 02/19/2020 UNDERGROUND SVC ALERT OF SO CAL 168.40 0.00 168.40 AP 00407779 02/19/2020 UNITED PACIFIC SERVICES INC 7,327.00 0.00 7,327.00 AP 00407780 02/19/2020 UPS 31.00 0.00 31.00 AP 00407781 02/19/2020 UTILIQUEST 1,070.91 0.00 1,070.91 AP 00407782 02/19/2020 VERIZON WIRELESS-LA 268.64 0.00 268.64 AP 00407783 02/19/2020 VERIZON WIRELESS-LA 60.12 0.00 60.12 AP 00407784 02/19/2020 VICTOR MEDICAL COMPANY 6,687.28 0.00 6,687.28 AP 00407785 02/19/2020 VISION SERVICE PLAN CA 10,685.92 0.00 10,685.92 AP 00407786 02/19/2020 VOHNE LICHE KENNELS INC 125.00 0.00 125.00 AP 00407787 02/19/2020 VULCAN MATERIALS COMPANY 2,296.75 0.00 2,296.75 AP 00407788 02/19/2020 WAXIE SANITARY SUPPLY 6,594.25 0.00 6,594.25 AP 00407789 02/19/2020 WELLS,JUDITH 72.54 0.00 72.54 AP 00407790 02/19/2020 WESTERN UNIVERSITY OF VET MEDICINE 610.00 0.00 610.00 AP 00407791 02/19/2020 WHITE HOUSE PHOTO INC 1,750.00 0.00 1,750.00 AP 00407792 02/19/2020 WILSON&BELL AUTO SERVICE 1,193.81 0.00 1,193.81 AP 00407793 02/19/2020 WORD MILL PUBLISHING 725.00 0.00 725.00 AP 00407794 02/19/2020 XEROX FINANCIAL SERVICES 298.38 0.00 298.38 AP 00407795 02/19/2020 YORK RISK SERVICES GROUP INC 0.00 2,502.76 2,502.76 AP 00407796 02/19/2020 ZOETIS US LLC 1,822.30 0.00 1,822.30 Total City: $5,790,355.71 Total Fire: $672,390.26 Grand Total: Note: *** Check Number includes both City and Fire District expenditures User: VLOPEZ-VERONICA LOPEZ Page: 7 Current Date: 02/25/2020 Report:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED-CK:Agenda Check Register Portrait Layout Time: 07:07:09 Page 23 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Electronic Debit Register January 1, 2020 to January 31, 2020 DATE DESCRIPTION CITY FIRE AMOUNT 1/2 U.S.BANK-Purchasing Card Payment 38,301.34 14,113.84 52,415.18 1/2 U.S.BANK-Corporate Card Payment 49,709.78 16,572.06 66,281.84 1/2 U.S.BANK-Costco Card Payment 2,343.54 18.99 2,362.53 1/2 Workers Comp-City Account Transfer 128.56 - 128.56 1/2 Workers Comp-Fire Account Transfer - 22.53 22.53 1/3 Bank Fee 72.45 - 72.45 1/3 Workers Comp-Fire Account Transfer - 375.94 375.94 1/6 CALPERS-City-Retirement Account Deposit 57,607.75 - 57,607.75 1/6 CALPERS-City-Retirement Account Deposit 119,705.43 - 119,705.43 1/6 CALPERS-Fire-Retirement Account Deposit - 2,604.77 2,604.77 1/6 CALPERS-Fire-Retirement Account Deposit 3,173.97 3,173.97 1/6 CALPERS-Fire-Retirement Account Deposit 4,744.51 4,744.51 1/6 CALPERS-Fire-Retirement Account Deposit 9,292.50 9,292.50 1/6 CALPERS-Fire-Retirement Account Deposit 12,221.52 12,221.52 1/6 CALPERS-Fire-Retirement Account Deposit - 111,134.65 111,134.65 1/6 WIRE PAYMENT-RCMU CAISO 1,791.28 - 1,791.28 1/6 Workers Comp-City Account Transfer 1,364.43 - 1,364.43 1/6 Workers Comp-Fire Account Transfer - 3,989.15 3,989.15 1/8 Workers Comp-City Account Transfer 1,145.95 - 1,145.95 1/8 Workers Comp-Fire Account Transfer - 356.55 356.55 1/9 Workers Comp-Fire Account Transfer - 399.60 399.60 1/13 Workers Comp-City Account Transfer 1,181.56 - 1,181.56 1/13 Workers Comp-Fire Account Transfer - 624.00 624.00 1/14 WIRE PAYMENT-RCMU CAISO 70,740.02 - 70,740.02 1/15 STATE DISBURSEMENT UNIT-Child Support Payments - 3,925.89 3,925.89 1/15 Workers Comp-City Account Transfer 2,801.70 - 2,801.70 1/15 Workers Comp-Fire Account Transfer - 2,633.18 2,633.18 1/16 STATE DISBURSEMENT UNIT-Child Support Payments 2,062.50 - 2,062.50 1/16 Workers Comp-Fire Account Transfer - 915.01 915.01 1/17 Workers Comp-City Account Transfer 3,681.16 - 3,681.16 1/17 Workers Comp-Fire Account Transfer - 54,410.67 54,410.67 1/21 CALPERS-City-Retirement Account Deposit 769.14 - 769.14 1/21 CALPERS-City-Retirement Account Deposit 31,189.92 31,189.92 1/21 CALPERS-City-Retirement Account Deposit 4,917.93 4,917.93 1/21 CALPERS-City-Retirement Account Deposit 5,883.82 5,883.82 1/21 CALPERS-City-Retirement Account Deposit 52,942.00 52,942.00 1/21 CALPERS-City-Retirement Account Deposit 111,797.00 - 111,797.00 1/21 CALPERS-Fire-Retirement Account Deposit - 304.25 304.25 1/21 CALPERS-Fire-Retirement Account Deposit 2,651.92 2,651.92 1/21 CALPERS-Fire-Retirement Account Deposit 3,173.97 3,173.97 1/21 CALPERS-Fire-Retirement Account Deposit 4,973.98 4,973.98 1/21 CALPERS-Fire-Retirement Account Deposit 9,793.94 9,793.94 1/21 CALPERS-Fire-Retirement Account Deposit 12,598.61 12,598.61 1/21 CALPERS-Fire-Retirement Account Deposit 83,133.59 83,133.59 1/21 CALPERS-Fire-Retirement Account Deposit - 109,129.98 109,129.98 1/21 Workers Comp-City Account Transfer 1,500.00 - 1,500.00 1/22 WIRE PAYMENT-RCMU CAISO 6,760.22 6,760.22 1/22 WIRE PAYMENT-RCMU CAISO 7,415.70 7,415.70 1/22 Workers Comp-City Account Transfer 190.64 - 190.64 1/23 CALPERS-Fire-Retirement Account Deposit - 158,243.24 158,243.24 1/23 Workers Comp-City Account Transfer 1,637.62 - 1,637.62 1/23 Workers Comp-Fire Account Transfer - 1,780.34 1,780.34 1/24 Workers Comp-City Account Transfer 5,608.70 - 5,608.70 1/24 Workers Comp-Fire Account Transfer - 1,218.55 1,218.55 1/27 Workers Comp-City Account Transfer 430.40 - 430.40 1/27 Workers Comp-Fire Account Transfer - 4,145.68 4,145.68 1 Page 24 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Electronic Debit Register January 1, 2020 to January 31, 2020 DATE DESCRIPTION CITY FIRE AMOUNT 1/28 WIRE PAYMENT-RCMUCAISO 2,138.52 2,138.52 1/28 Workers Comp-City Account Transfer 80.68 - 80.68 1/28 Workers Comp-Fire Account Transfer - 3,220.05 3,220.05 1/29 Workers Comp-City Account Transfer 141.79 - 141.79 1/29 Workers Comp-Fire Account Transfer - 215.60 215.60 1/30 CALPERS-Fire-Retirement Account Deposit 2,628.34 2,628.34 1/30 CALPERS-Fire-Retirement Account Deposit 3,173.97 3,173.97 1/30 CALPERS-Fire-Retirement Account Deposit 5,044.29 5,044.29 1/30 CALPERS-Fire-Retirement Account Deposit 9,336.08 9,336.08 1/30 CALPERS-Fire-Retirement Account Deposit 13,514.41 13,514.41 1/30 CALPERS-Fire-Retirement Account Deposit - 108,122.25 108,122.25 1/30 STATE DISBURSEMENT UNIT-Child Support Payments 385.50 - 385.50 1/30 STATE DISBURSEMENT UNIT-Child Support Payments - 4,863.69 4,863.69 1/30 Workers Comp-City Account Transfer 179.58 - 179.58 1/30 Workers Comp-Fire Account Transfer - 12,702.99 12,702.99 1/31 CALPERS-City-Retirement Account Deposit 60,261.91 - 60,261.91 1/31 CALPERS-City-Retirement Account Deposit 116,311.33 116,311.33 1/31 Workers Comp-City Account Transfer 596.36 - 596.36 1/31 Workers Comp-Fire Account Transfer - 1,334.61 1,334.61 TOTAL CITY 763,776.21 TOTAL FIRE 796,833.66 GRAND TOTAL 1,560,609.87 2 Page 25 CITY OF RANCHO CUCAMONGA DATE: March 4, 2020 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 $1,136,315.33 AND WEEKLY CHECK REGISTERS (NO CHECKS ISSUED TO SOUTHERN CALIFORNIA GAS COMPANY) IN THE AMOUNT OF $5,790,355.71 DATED FEBRUARY 11, 2020 THROUGH FEBRUARY 24, 2020 AND ELECTRONIC DEBIT REGISTER FOR THE MONTH OF JANUARY IN THE AMOUNT OF $763,776.21. 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 Attachment 1 Electronic Check Register Page 26 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 2/11/2020 through 2/24/2020 Check No. Check Date Vendor Name Ca Fire Amount AP 00010191 02/12/2020 CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA 22,536.74 0.00 22,536.74 AP 00010192 02/12/2020 GEOGRAPHICS 3,635.00 0.00 3,635.00 AP 00010193 02/12/2020 INDERWEISCHE,MATT 1,020.00 0.00 1,020.00 AP 00010194 02/12/2020 RCCEA 1,942.00 0.00 1,942.00 AP 00010195 02/12/2020 RCPFA 11,058.47 0.00 11,058.47 AP 00010196 02/12/2020 SAN BERNARDINO CTY SHERIFFS DEPT 3,639,165.25 0.00 3,639,165.25 AP 00010197 02/12/2020 SARGENT TOWN PLANNING INC 39,520.00 0.00 39,520.00 AP 00010198 02/12/2020 U S DEPARTMENT OF ENERGY 7,292.56 0.00 7,292.56 AP 00010199 02/13/2020 ABC LOCKSMITHS 485.68 0.00 485.68 AP 00010200 02/13/2020 BRODART BOOKS 39,095.12 0.00 39,095.12 AP 00010201 02/13/2020 CARQUEST AUTO PARTS 738.57 0.00 738.57 AP 00010202 02/13/2020 DEMCOINC 45.56 0.00 45.56 AP 00010203 02/13/2020 DUNN EDWARDS CORPORATION 675.77 0.00 675.77 AP 00010204 02/13/2020 ECS IMAGING INC 2,076.18 0.00 2,076.18 AP 00010205 02/13/2020 KME FIRE APPARATUS 0.00 4,130.05 4,130.05 AP 00010206 02/13/2020 MINUTEMAN PRESS 183.18 0.00 183.18 AP 00010207 02/13/2020 OC TANNER RECOGNITION COMPANY 533.58 0.00 533.58 AP 00010208 02/13/2020 OFFICE DEPOT 3,518.16 1,316.89 4,835.05 *** AP 00010209 02/13/2020 PSA PRINT GROUP 232.74 0.00 232.74 AP 00010210 02/13/2020 SIEMENS MOBILITY INC 45,991.53 0.00 45,991.53 AP 00010211 02/13/2020 SITEONE LANDSCAPE SUPPLY LLC 3,763.12 0.00 3,763.12 AP 00010212 02/13/2020 SOUTHERN CALIFORNIA NEWS GROUP 2,390.72 0.00 2,390.72 AP 00010213 02/13/2020 SUNRISE FORD 1,567.55 0.00 1,567.55 AP 00010214 02/19/2020 CALPINE ENERGY SERVICES LP 102,000.00 0.00 102,000.00 AP 00010215 02/19/2020 RIVERSIDE,CITY OF 6,909.00 0.00 6,909.00 AP 00010216 02/19/2020 SAN BERNARDINO COUNTY 160.00 0.00 160.00 AP 00010217 02/19/2020 SHELL ENERGY NORTH AMERICA 269,799.49 0.00 269,799.49 AP 00010218 02/20/2020 ABC LOCKSMITHS 40.00 0.00 40.00 AP 00010219 02/20/2020 AIRGAS USA LLC 304.63 0.00 304.63 AP 00010220 02/20/2020 CARQUEST AUTO PARTS 767.39 0.00 767.39 AP 00010221 02/20/2020 OFFICE DEPOT 5,870.01 0.00 5,870.01 AP 00010222 02/20/2020 SITEONE LANDSCAPE SUPPLY LLC 710.44 0.00 710.44 AP 00010223 02/20/2020 SUNRISE FORD 181.35 0.00 181.35 AP 00407497 02/12/2020 49ER COMMUNICATIONS 0.00 720.00 720.00 AP 00407498 02/12/2020 ABLE BUILDING MAINTENANCE 1,660.60 0.00 1,660.60 AP 00407499 02/12/2020 ACEY DECY EQUIPMENT INC 636.35 0.00 636.35 AP 00407500 02/12/2020 ACTION AWARDS INC 97.20 0.00 97.20 AP 00407501 02/12/2020 ACTION CHEMICAL COMPANY 1,274.70 0.00 1,274.70 AP 00407502 02/12/2020 ADVANTAGE SEALING SYSTEMS INC 89.22 0.00 89.22 AP 00407503 02/12/2020 AFLAC GROUP INSURANCE 24.58 0.00 24.58 AP 00407504 02/12/2020 AFLAC GROUP INSURANCE 4,597.30 0.00 4,597.30 AP 00407505 02/12/2020 ALBERT GROVER&ASSOCIATES 2,025.00 0.00 2,025.00 AP 00407506 02/12/2020 ALCORN,RICHARD 114.59 0.00 114.59 AP 00407507 02/12/2020 ALLIANT INSURANCE SERVICES INC 13,083.00 0.00 13,083.00 AP 00407508 02/12/2020 ALLSTAR FIRE EQUIPMENT INC 0.00 219.45 219.45 AP 00407509 02/12/2020 ALPHAGRAPHICS 72.72 0.00 72.72 AP 00407510 02/12/2020 ALTA VISTA MOBILE HOME PARK 397.59 0.00 397.59 User: VLOPEZ-VERONICA LOPEZ Page: 1 Current Date: 02/25/2020 Report:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED-CK:Agenda Check Register Portrait Layout Time: 07:07:09 Page 27 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 2/11/2020 through 2/24/2020 Check No. Check Date Vendor Name Ca Fire Amount AP 00407511 02/12/2020 AQUABIO ENVIRONMENTAL TECHNOLOGIES INC. 1,450.00 0.00 1,450.00 AP 00407512 02/12/2020 AUTO AND RV SPECIALISTS INC. 99.66 0.00 99.66 AP 00407513 02/12/2020 BLUM ELECTRIC 0.00 1,987.00 1,987.00 AP 00407514 02/12/2020 BOLTON,HEATHER 542.58 0.00 542.58 AP 00407515 02/12/2020 BOUND TREE MEDICAL LLC 0.00 31.57 31.57 AP 00407516 02/12/2020 BRIGHTVIEW LANDSCAPE SERVICES INC 53,476.67 0.00 53,476.67 AP 00407517 02/12/2020 BUREAU VERITAS NORTH AMERICA INC 19,708.80 0.00 19,708.80 AP 00407518 02/12/2020 C V W D 266.66 291.01 557.67 *** AP 00407522 02/12/2020 C V W D 20,416.47 370.86 20,787.33 *** AP 00407523 02/12/2020 CA LLC-DBA ALTA LAGUNA MHP 500.00 0.00 500.00 AP 00407524 02/12/2020 CAL PERS LONG-TERM CARE PROGRAM 164.48 0.00 164.48 AP 00407525 02/12/2020 CALIFORNIA FIRE EXPLORING ASSOCIATION 0.00 1,000.00 1,000.00 AP 00407526 02/12/2020 CALIFORNIA MUNICIPAL STATISTICS INC 425.00 0.00 425.00 AP 00407527 02/12/2020 CALIFORNIA,STATE OF 314.11 0.00 314.11 AP 00407528 02/12/2020 CALIFORNIA,STATE OF 8.44 0.00 8.44 AP 00407529 02/12/2020 CALIFORNIA,STATE OF 100.00 0.00 100.00 AP 00407530 02/12/2020 CALIFORNIA,STATE OF 30.00 0.00 30.00 AP 00407531 02/12/2020 CARTY,DIANE 108.00 0.00 108.00 AP 00407532 02/12/2020 CASA VOLANTE MOBILE HOME PARK 700.00 0.00 700.00 AP 00407533 02/12/2020 CCS ORANGE COUNTY JANITORIAL INC 0.00 1,603.90 1,603.90 AP 00407534 02/12/2020 CHAPARRAL HEIGHTS MOBILE HOME PARK 474.35 0.00 474.35 AP 00407535 02/12/2020 CHARTER COMMUNICATIONS 7,984.51 6,365.46 14,349.97 *** AP 00407536 02/12/2020 CINTAS CORPORATION #150 1,350.89 492.34 1,843.23 *** AP 00407537 02/12/2020 CIVIC SOLUTIONS INC 3,620.00 0.00 3,620.00 AP 00407538 02/12/2020 CLARK,KAREN 315.00 0.00 315.00 AP 00407539 02/12/2020 CLIMATEC LLC 5,797.35 0.00 5,797.35 AP 00407540 02/12/2020 CONSOLIDATED ELECTRICAL DISTR INC 764.50 0.00 764.50 AP 00407541 02/12/2020 COSTAR REALTY INFORMATION INC 2,909.28 0.00 2,909.28 AP 00407542 02/12/2020 CPRS 145.00 0.00 145.00 AP 00407543 02/12/2020 DALTON,KING 500.00 0.00 500.00 AP 00407544 02/12/2020 DATA TICKET INC 4,594.68 0.00 4,594.68 AP 00407545 02/12/2020 DCS PRINT SHOP LLC 282.31 0.00 282.31 AP 00407546 02/12/2020 DELL MARKETING LP 70,340.35 0.00 70,340.35 AP 00407547 02/12/2020 DELL MARKETING LP 399,347.52 0.00 399,347.52 AP 00407548 02/12/2020 DELL MARKETING LP 127,982.80 0.00 127,982.80 AP 00407549 02/12/2020 DELTA DENTAL INSURANCE COMPANY 1,279.34 0.00 1,279.34 AP 00407550 02/12/2020 DELTA DENTAL INSURANCE COMPANY 40,554.16 0.00 40,554.16 AP 00407551 02/12/2020 DEROTIC EMERGENCY EQUIPMENT 0.00 165,002.27 165,002.27 AP 00407552 02/12/2020 DIRECTV 179.24 0.00 179.24 AP 00407553 02/12/2020 DOG WASTE DEPOT 620.53 0.00 620.53 AP 00407554 02/12/2020 DOUCET,MICHAEL L. 9,300.00 0.00 9,300.00 AP 00407555 02/12/2020 DP SOLUTIONS INC 1,750.00 0.00 1,750.00 AP 00407556 02/12/2020 EDWARDS JR,ANTONIO 300.00 0.00 300.00 AP 00407557 02/12/2020 EMERALD CITY LLC 8,000.00 0.00 8,000.00 AP 00407558 02/12/2020 EXPRESS BRAKE SUPPLY 937.62 0.00 937.62 AP 00407559 02/12/2020 FELICIANO,ANTHONY 162.00 0.00 162.00 AP 00407560 02/12/2020 FORD OF UPLAND INC 4,393.34 0.00 4,393.34 User: VLOPEZ-VERONICA LOPEZ Page: 2 Current Date: 02/25/2020 Report:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED-CK:Agenda Check Register Portrait Layout Time: 07:07:09 Page 28 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 2/11/2020 through 2/24/2020 Check No. Check Date Vendor Name Ca Fire Amount AP 00407561 02/12/2020 FRANKLIN TRUCK PARTS 0.00 699.30 699.30 AP 00407562 02/12/2020 GLOBALSTAR USA 172.59 0.00 172.59 AP 00407563 02/12/2020 GONZALEZ,CATHY 157.50 0.00 157.50 AP 00407564 02/12/2020 GOVERNMENT SOCIAL MEDIA LLC 185.00 0.00 185.00 AP 00407565 02/12/2020 GRAHAM,JENNIFER HELEN 300.00 0.00 300.00 AP 00407566 02/12/2020 GRAINGER 1,346.61 111.73 1,458.34 *** AP 00407567 02/12/2020 GRAPHICS FACTORY PRINTING INC. 513.16 0.00 513.16 AP 00407568 02/12/2020 GROVES ON FOOTHILL,THE 200.00 0.00 200.00 AP 00407569 02/12/2020 HANGTIME SPORTS 2,094.00 0.00 2,094.00 AP 00407570 02/12/2020 HERITAGE EDUCATION GROUP 850.00 0.00 850.00 AP 00407571 02/12/2020 HI-WAY SAFETY INC 1,219.72 0.00 1,219.72 AP 00407572 02/12/2020 HMC ARCHITECTS 0.00 15,329.93 15,329.93 AP 00407573 02/12/2020 HOMETOWN AMERICA RAMONA VILLA 500.00 0.00 500.00 AP 00407574 02/12/2020 HONDA YAMAHA HUSQVARNA OF REDLANDS 1,827.52 0.00 1,827.52 AP 00407575 02/12/2020 ILAND INTERNET SOLUTIONS 7,517.62 0.00 7,517.62 AP 00407576 02/12/2020 INLAND PRESORT&MAILING SERVICES 331.19 0.00 331.19 AP 00407577 02/12/2020 INTERWEST CONSULTING GROUP INC 360.00 2,668.11 3,028.11 *** AP 00407578 02/12/2020 JEEP CHRYSLER OF ONTARIO INC 561.67 0.00 561.67 AP 00407579 02/12/2020 KEALOHA,TRINITY 50.84 0.00 50.84 AP 00407580 02/12/2020 KEITH,JORRY 252.00 0.00 252.00 AP 00407581 02/12/2020 KINDRED CORPORATION 31,479.01 0.00 31,479.01 AP 00407582 02/12/2020 KLAUS AND SONS 1,507.00 0.00 1,507.00 AP 00407583 02/12/2020 LE,VUONG 974.00 0.00 974.00 AP 00407584 02/12/2020 LEESE,CHRISTIAN 500.00 0.00 500.00 AP 00407585 02/12/2020 LIEBERT CASSIDY WHITMORE 7,366.80 0.00 7,366.80 AP 00407586 02/12/2020 LIFE ASSIST INC 0.00 708.47 708.47 AP 00407587 02/12/2020 LIFESTREAM 2,000.00 0.00 2,000.00 AP 00407588 02/12/2020 LONDVOGT,JUSTIN 0.00 25.00 25.00 AP 00407589 02/12/2020 LOPEZ,ANGEL 250.00 0.00 250.00 AP 00407591 02/12/2020 LOWES COMPANIES INC. 4,402.89 3,087.81 7,490.70 *** AP 00407592 02/12/2020 LVD EMPIRE LAKES LLC 23,712.00 0.00 23,712.00 AP 00407593 02/12/2020 MA,HAIYAN 3,772.00 0.00 3,772.00 AP 00407594 02/12/2020 MACIEL,LUIS 15.30 0.00 15.30 AP 00407595 02/12/2020 MAGELLAN ADVISORS LLC 15,750.00 0.00 15,750.00 AP 00407596 02/12/2020 MAIN STREET SIGNS 398.30 0.00 398.30 AP 00407597 02/12/2020 MARIPOSA LANDSCAPES INC 28,405.68 2,428.71 30,834.39 *** AP 00407598 02/12/2020 MARLINK SA INC 0.00 163.09 163.09 AP 00407599 02/12/2020 MATLOCK DESIGN BUILD INC 3,210.00 0.00 3,210.00 AP 00407600 02/12/2020 MAXWELL,ANTHONY 72.00 0.00 72.00 AP 00407601 02/12/2020 MCI 34.68 0.00 34.68 AP 00407602 02/12/2020 MEDINA,MARGARITA 135.60 0.00 135.60 AP 00407603 02/12/2020 MESSINA AND ASSOCIATES INC 0.00 2,612.50 2,612.50 AP 00407604 02/12/2020 MG PETROLEUM INC 489.00 0.00 489.00 AP 00407605 02/12/2020 MGT OF AMERICA INC 5,000.00 0.00 5,000.00 AP 00407607 02/12/2020 MIDWEST TAPE 4,145.84 0.00 4,145.84 AP 00407608 02/12/2020 MOROHUNFOLA,KIMBERLY 60.54 0.00 60.54 AP 00407609 02/12/2020 MORRIS,RICHARD 90.00 0.00 90.00 User: VLOPEZ-VERONICA LOPEZ Page: 3 Current Date: 02/25/2020 Report:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED-CK:Agenda Check Register Portrait Layout Time: 07:07:09 Page 29 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 2/11/2020 through 2/24/2020 Check No. Check Date Vendor Name Ca Fire Amount AP 00407610 02/12/2020 MOTOPORT 2,102.57 0.00 2,102.57 AP 00407611 02/12/2020 MOUNTAIN VIEW SMALL ENG REPAIR 833.55 0.00 833.55 AP 00407612 02/12/2020 MUNWE,CHRISTIAN 32.79 0.00 32.79 AP 00407613 02/12/2020 MUSICLAND 1,400.00 0.00 1,400.00 AP 00407614 02/12/2020 MYERS TIRE SUPPLY COMPANY 15.89 0.00 15.89 AP 00407615 02/12/2020 NAPA AUTO PARTS 0.00 360.89 360.89 AP 00407616 02/12/2020 NATIONAL RECREATION AND PARK ASSOC 675.00 0.00 675.00 AP 00407617 02/12/2020 NEOPOST USA INC 540.46 0.00 540.46 AP 00407618 02/12/2020 NICHOLS,GARY 595.00 0.00 595.00 AP 00407619 02/12/2020 NUNLEY,CARYN 30.40 0.00 30.40 AP 00407620 02/12/2020 OCCUPATIONAL HEALTH CTRS OF CA 125.50 0.00 125.50 AP 00407621 02/12/2020 ONTRAC 53.76 0.00 53.76 AP 00407622 02/12/2020 OPTION ONE PLUMBING 925.00 0.00 925.00 AP 00407623 02/12/2020 ORKIN PEST CONTROL 497.02 663.69 1,160.71 *** AP 00407624 02/12/2020 OSIAS,WALTER 27.07 0.00 27.07 AP 00407625 02/12/2020 PACIFIC UTILITY INSTALLATION INC 900.00 0.00 900.00 AP 00407626 02/12/2020 PALACIOS,JENNIFER 49.74 0.00 49.74 AP 00407627 02/12/2020 PEP BOYS 146.45 0.00 146.45 AP 00407628 02/12/2020 PINES MOBILE HOME PARK,THE 200.00 0.00 200.00 AP 00407629 02/12/2020 PIONEER MANUFACTURING 52.91 0.00 52.91 AP 00407630 02/12/2020 PRE-PAID LEGAL SERVICES INC 60.17 0.00 60.17 AP 00407631 02/12/2020 PRECISION GYMNASTICS 1,316.70 0.00 1,316.70 AP 00407632 02/12/2020 PRO-LINE INDUSTRIAL PRODUCTS INC 730.55 0.00 730.55 AP 00407633 02/12/2020 PSOMAS 1,268.75 0.00 1,268.75 AP 00407634 02/12/2020 R AND R AUTOMOTIVE 1,556.62 0.00 1,556.62 AP 00407635 02/12/2020 RADIUS GLOBAL SOLUTIONS 558.44 0.00 558.44 AP 00407636 02/12/2020 RANCHO CUCAMONGA TOWN SQUARE 10,036.10 0.00 10,036.10 AP 00407637 02/12/2020 RBM LOCK AND KEY SERVICE 354.17 0.00 354.17 AP 00407638 02/12/2020 RDO EQUIPMENT COMPANY 65.92 0.00 65.92 AP 00407639 02/12/2020 RED WING BUSINESS ADVANTAGE ACCOUNT 184.24 0.00 184.24 AP 00407640 02/12/2020 ROTO ROOTER SERVICES COMPANY 935.15 0.00 935.15 AP 00407641 02/12/2020 S C C E ELECTRICAL SERVICES 1,280.00 0.00 1,280.00 AP 00407642 02/12/2020 SAFE-ENTRY TECHNICAL INC 0.00 240.00 240.00 AP 00407643 02/12/2020 SAN BERNARDINO CO AUDITOR CONT 6,589.42 0.00 6,589.42 AP 00407644 02/12/2020 SAN BERNARDINO COUNTY 18,098.39 0.00 18,098.39 AP 00407645 02/12/2020 SAN BERNARDINO COUNTY SHERIFFS DEPT 2,649.41 0.00 2,649.41 AP 00407646 02/12/2020 SAN BERNARDINO CTY AUDITOR CONTROLLER 26.00 0.00 26.00 AP 00407647 02/12/2020 SBPEA 2,596.24 0.00 2,596.24 AP 00407648 02/12/2020 SC FUELS 27,889.66 0.00 27,889.66 AP 00407649 02/12/2020 SHEAKLEY PENSION ADMINISTRATION 413.25 181.20 594.45 *** AP 00407650 02/12/2020 SHERIFFS COURT SERVICES 100.00 0.00 100.00 AP 00407651 02/12/2020 SHOETERIA 1,568.97 0.00 1,568.97 AP 00407652 02/12/2020 SHRED PROS 361.00 0.00 361.00 AP 00407657 02/12/2020 SOUTHERN CALIFORNIA EDISON 27,192.48 1,396.40 28,588.88 *** AP 00407658 02/12/2020 SOUTHERN CALIFORNIA EDISON 210.75 0.00 210.75 AP 00407659 02/12/2020 STANDARD INSURANCE COMPANY 3,600.19 0.00 3,600.19 AP 00407660 02/12/2020 STOTZ EQUIPMENT 47.11 0.00 47.11 User: VLOPEZ-VERONICA LOPEZ Page: 4 Current Date: 02/25/2020 Report:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED-CK:Agenda Check Register Portrait Layout Time: 07:07:09 Page 30 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 2/11/2020 through 2/24/2020 Check No. Check Date Vendor Name Ca Fire Amount AP 00407661 02/12/2020 SUNSHINE GROWERS NURSERY INC 350.40 0.00 350.40 AP 00407662 02/12/2020 SUNSHINE GROWERS NURSERY INC 74.99 0.00 74.99 AP 00407663 02/12/2020 SYCAMORE VILLA MOBILE HOME PARK 400.00 0.00 400.00 AP 00407664 02/12/2020 TINT CITY WINDOW TINTING 350.00 0.00 350.00 AP 00407665 02/12/2020 TIREHUB LLC 3,790.28 0.00 3,790.28 AP 00407666 02/12/2020 TOBIKO SUSHI 1,377.16 0.00 1,377.16 AP 00407667 02/12/2020 TORO TOWING 120.00 0.00 120.00 AP 00407668 02/12/2020 TRINITY EQUIPMENT RENTALS 390.39 0.00 390.39 AP 00407669 02/12/2020 TYUS,IDA 225.00 0.00 225.00 AP 00407670 02/12/2020 UNITED WAY 60.00 0.00 60.00 AP 00407671 02/12/2020 UNIVERSAL MARTIAL ARTS CENTERS 276.50 0.00 276.50 AP 00407672 02/12/2020 UPS 83.80 0.00 83.80 AP 00407673 02/12/2020 VERIZON WIRELESS-LA 81.01 0.00 81.01 AP 00407674 02/12/2020 VERIZON WIRELESS-LA 101.97 0.00 101.97 AP 00407675 02/12/2020 VERIZON WIRELESS-LA 4,447.82 0.00 4,447.82 AP 00407676 02/12/2020 VISION COMMUNICATIONS CO 99.00 0.00 99.00 AP 00407677 02/12/2020 VULCAN MATERIALS COMPANY 3,842.25 0.00 3,842.25 AP 00407678 02/12/2020 WAXIE SANITARY SUPPLY 4,414.90 2,495.38 6,910.28 *** AP 00407679 02/12/2020 WELDAY,JASON 2,300.00 0.00 2,300.00 AP 00407680 02/12/2020 WEST COAST ARBORISTS INC 12,929.00 0.00 12,929.00 AP 00407681 02/12/2020 WEST END REAL ESTATE PROFESSIONALS 505.23 0.00 505.23 AP 00407682 02/12/2020 WESTRUX INTERNATIONAL INC 559.96 0.00 559.96 AP 00407683 02/12/2020 WHITE HOUSE PHOTO INC 1,050.00 0.00 1,050.00 AP 00407684 02/12/2020 WHITE,JAZMYNE 49.21 0.00 49.21 AP 00407685 02/12/2020 WILKERSON-CAVER,PAMELA 90.00 0.00 90.00 AP 00407686 02/12/2020 WYATT GROUP,THE 2,000.00 0.00 2,000.00 AP 00407687 02/12/2020 XEROX CORPORATION 1,409.53 0.00 1,409.53 AP 00407688 02/12/2020 XEROX CORPORATION 1,141.99 0.00 1,141.99 AP 00407689 02/19/2020 A'JONTUE,ROSE ANN 768.00 0.00 768.00 AP 00407690 02/19/2020 ABLE BUILDING MAINTENANCE 1,421.40 0.00 1,421.40 AP 00407691 02/19/2020 ABM BUSINESS MACHINES INC 975.00 0.00 975.00 AP 00407692 02/19/2020 ADVANCED CHEMICAL TRANSPORT 1,437.50 0.00 1,437.50 AP 00407693 02/19/2020 ALTA LOMA ANIMAL HOSPITAL 225.00 0.00 225.00 AP 00407694 02/19/2020 AQUINO,GIOVANNA 500.00 0.00 500.00 AP 00407695 02/19/2020 AUFBAU CORPORATION 560.00 0.00 560.00 AP 00407696 02/19/2020 BAGRO,CATHERINE 500.00 0.00 500.00 AP 00407697 02/19/2020 BAYER HEALTHCARE LLC 66.46 0.00 66.46 AP 00407698 02/19/2020 BILL&WAGS INC 0.00 892.97 892.97 AP 00407699 02/19/2020 BOEHRINGER INGELHEIM ANIMAL HEALTH USA INC 446.09 0.00 446.09 AP 00407700 02/19/2020 BURRIS,MATT 15.82 0.00 15.82 AP 00407703 02/19/2020 C V W D 9,123.76 674.86 9,798.62 *** AP 00407704 02/19/2020 CALIFORNIA ASSOCIATION OF PUBLIC INFO OFFICIALS 0.00 275.00 275.00 AP 00407705 02/19/2020 CALIFORNIA DPT OF TAX&FEE ADMINISTRATION 807.68 395.15 1,202.83 *** AP 00407706 02/19/2020 CAMACHO,RAY 15.72 0.00 15.72 AP 00407707 02/19/2020 CASTILLO,JESSIE 375.00 0.00 375.00 AP 00407708 02/19/2020 CINTAS CORPORATION #150 0.00 270.13 270.13 AP 00407709 02/19/2020 CONFIRE JPA 0.00 2,812.50 2,812.50 User: VLOPEZ-VERONICA LOPEZ Page: 5 Current Date: 02/25/2020 Report:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED-CK:Agenda Check Register Portrait Layout Time: 07:07:09 Page 31 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 2/11/2020 through 2/24/2020 Check No. Check Date Vendor Name Ca Fire Amount AP 00407710 02/19/2020 COVETRUS NORTH AMERICA 178.28 0.00 178.28 AP 00407711 02/19/2020 CRIME SCENE STERI-CLEAN LLC 270.00 0.00 270.00 AP 00407712 02/19/2020 DEPARTMENT OF JUSTICE 1,833.00 0.00 1,833.00 AP 00407713 02/19/2020 DEREUS,RONALD 71.55 0.00 71.55 AP 00407714 02/19/2020 DFM ASSOCIATES 117.98 0.00 117.98 AP 00407715 02/19/2020 DIAZ,RICK 200.00 0.00 200.00 AP 00407716 02/19/2020 DIG SAFE BOARD 101.69 0.00 101.69 AP 00407717 02/19/2020 DIRECTV 88.79 0.00 88.79 AP 00407718 02/19/2020 DIRECTV 74.24 0.00 74.24 AP 00407719 02/19/2020 EPIC LAND SOLUTIONS INC 1,200.00 0.00 1,200.00 AP 00407720 02/19/2020 EXECUTIVE AUTO DETAIL 0.00 160.00 160.00 AP 00407721 02/19/2020 EXPERIAN 52.00 0.00 52.00 AP 00407722 02/19/2020 FAILSAFE TESTING LLC 0.00 4,758.20 4,758.20 AP 00407723 02/19/2020 FEHR AND PEERS 14,756.20 0.00 14,756.20 AP 00407724 02/19/2020 FELICIANO,ANTHONY 216.00 0.00 216.00 AP 00407725 02/19/2020 FORTIN LAW GROUP 10,887.97 0.00 10,887.97 AP 00407726 02/19/2020 FRANKLIN TRUCK PARTS 0.00 49.26 49.26 AP 00407727 02/19/2020 GOLDEN OAKS VET HOSPITAL 125.00 0.00 125.00 AP 00407728 02/19/2020 GRAPHICS FACTORY PRINTING INC. 398.68 0.00 398.68 AP 00407729 02/19/2020 HDL COREN AND CONE 4,200.00 0.00 4,200.00 AP 00407730 02/19/2020 HILLS PET NUTRITION SALES INC 3,473.76 0.00 3,473.76 AP 00407731 02/19/2020 HOGAN,ADAM 1,930.40 0.00 1,930.40 AP 00407732 02/19/2020 HOME DEPOT CREDIT SERVICES 376.57 0.00 376.57 AP 00407733 02/19/2020 HOYT LUMBER CO.,SM 0.00 195.51 195.51 AP 00407734 02/19/2020 HUMANE SOCIETY OF SAN BERNARDINO VALLEY 50.00 0.00 50.00 AP 00407735 02/19/2020 IDEAL GLASS TINTING 1,700.00 0.00 1,700.00 AP 00407736 02/19/2020 IDEXX DISTRIBUTION INC 2,998.31 0.00 2,998.31 AP 00407737 02/19/2020 IMAGEMPORIUM,THE 1,746.03 0.00 1,746.03 AP 00407738 02/19/2020 INLAND OVERHEAD DOOR COMPANY 189.00 0.00 189.00 AP 00407739 02/19/2020 INTERSTATE BATTERIES 1,354.55 0.00 1,354.55 AP 00407740 02/19/2020 INTERVET INC 2,567.25 0.00 2,567.25 AP 00407741 02/19/2020 INTERWEST CONSULTING GROUP INC 0.00 95.00 95.00 AP 00407742 02/19/2020 INYO NETWORKS 3,682.70 0.00 3,682.70 AP 00407743 02/19/2020 LEVEL 3 COMMUNICATIONS LLC 5,460.19 0.00 5,460.19 AP 00407744 02/19/2020 LITTLE BEAR PRODUCTIONS 400.00 0.00 400.00 AP 00407745 02/19/2020 MAGELLAN ADVISORS LLC 4,620.00 0.00 4,620.00 AP 00407746 02/19/2020 MDG ASSOCIATES INC 5,142.50 0.00 5,142.50 AP 00407747 02/19/2020 MORRIS,KIMBERLY 333.66 0.00 333.66 AP 00407748 02/19/2020 NAPA AUTO PARTS 0.00 361.35 361.35 AP 00407749 02/19/2020 NATIONAL DATA&SURVEYING SERVICES 220.00 0.00 220.00 AP 00407750 02/19/2020 NEIGHBORS,ZACK 139.15 0.00 139.15 AP 00407751 02/19/2020 NEWCO DISTRIBUTORS INC 1,727.23 0.00 1,727.23 AP 00407752 02/19/2020 ONTRAC 8.24 0.00 8.24 AP 00407753 02/19/2020 OPARC 264.00 0.00 264.00 AP 00407754 02/19/2020 PACIFIC WESTERN BANK 9,226.99 21,529.63 30,756.62 *** AP 00407755 02/19/2020 PEP BOYS 22.50 0.00 22.50 AP 00407756 02/19/2020 POSTAL PERFECT 165.00 0.00 165.00 User: VLOPEZ-VERONICA LOPEZ Page: 6 Current Date: 02/25/2020 Report:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED-CK:Agenda Check Register Portrait Layout Time: 07:07:09 Page 32 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 2/11/2020 through 2/24/2020 Check No. Check Date Vendor Name Ca Fire Amount AP 00407757 02/19/2020 R AND R AUTOMOTIVE 1,993.19 0.00 1,993.19 AP 00407758 02/19/2020 RC CONSTRUCTION SERVICES INC 175,312.72 409,063.02 584,375.74 *** AP 00407759 02/19/2020 RICHARDS WATSON AND GERSHON 36,858.64 7,744.42 44,603.06 *** AP 00407760 02/19/2020 S C C E ELECTRICAL SERVICES 5,250.00 0.00 5,250.00 AP 00407761 02/19/2020 S C C E ELECTRICAL SERVICES 5,250.00 0.00 5,250.00 AP 00407762 02/19/2020 SAN BERNARDINO COUNTY 0.00 60.00 60.00 AP 00407763 02/19/2020 SAN BERNARDINO COUNTY SHERIFFS DEPT 638.00 0.00 638.00 AP 00407764 02/19/2020 SEGAAR,AARON 0.00 295.00 295.00 AP 00407765 02/19/2020 SIGN SHOP,THE 0.00 249.87 249.87 AP 00407770 02/19/2020 SOUTHERN CALIFORNIA EDISON 11,381.52 1,089.53 12,471.05 *** AP 00407771 02/19/2020 SOUTHERN CALIFORNIA EDISON 61,114.05 0.00 61,114.05 AP 00407772 02/19/2020 SOUTHERN CALIFORNIA EDISON 372.78 0.00 372.78 AP 00407773 02/19/2020 STRAKA,JACQUELINE 70.00 0.00 70.00 AP 00407774 02/19/2020 THE COUNSELING TEAM INTERNATIONAL 0.00 1,275.00 1,275.00 AP 00407775 02/19/2020 TIREHUB LLC 174.15 938.09 1,112.24 *** AP 00407776 02/19/2020 TUZZOLINO,SHELI 36.62 0.00 36.62 AP 00407777 02/19/2020 U S LEGAL SUPPORT INC 6,208.38 0.00 6,208.38 AP 00407778 02/19/2020 UNDERGROUND SVC ALERT OF SO CAL 168.40 0.00 168.40 AP 00407779 02/19/2020 UNITED PACIFIC SERVICES INC 7,327.00 0.00 7,327.00 AP 00407780 02/19/2020 UPS 31.00 0.00 31.00 AP 00407781 02/19/2020 UTILIQUEST 1,070.91 0.00 1,070.91 AP 00407782 02/19/2020 VERIZON WIRELESS-LA 268.64 0.00 268.64 AP 00407783 02/19/2020 VERIZON WIRELESS-LA 60.12 0.00 60.12 AP 00407784 02/19/2020 VICTOR MEDICAL COMPANY 6,687.28 0.00 6,687.28 AP 00407785 02/19/2020 VISION SERVICE PLAN CA 10,685.92 0.00 10,685.92 AP 00407786 02/19/2020 VOHNE LICHE KENNELS INC 125.00 0.00 125.00 AP 00407787 02/19/2020 VULCAN MATERIALS COMPANY 2,296.75 0.00 2,296.75 AP 00407788 02/19/2020 WAXIE SANITARY SUPPLY 6,594.25 0.00 6,594.25 AP 00407789 02/19/2020 WELLS,JUDITH 72.54 0.00 72.54 AP 00407790 02/19/2020 WESTERN UNIVERSITY OF VET MEDICINE 610.00 0.00 610.00 AP 00407791 02/19/2020 WHITE HOUSE PHOTO INC 1,750.00 0.00 1,750.00 AP 00407792 02/19/2020 WILSON&BELL AUTO SERVICE 1,193.81 0.00 1,193.81 AP 00407793 02/19/2020 WORD MILL PUBLISHING 725.00 0.00 725.00 AP 00407794 02/19/2020 XEROX FINANCIAL SERVICES 298.38 0.00 298.38 AP 00407795 02/19/2020 YORK RISK SERVICES GROUP INC 0.00 2,502.76 2,502.76 AP 00407796 02/19/2020 ZOETIS US LLC 1,822.30 0.00 1,822.30 Total City: $5,790,355.71 Total Fire: $672,390.26 Grand Total: Note: *** Check Number includes both City and Fire District expenditures User: VLOPEZ-VERONICA LOPEZ Page: 7 Current Date: 02/25/2020 Report:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED-CK:Agenda Check Register Portrait Layout Time: 07:07:09 Page 33 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Electronic Debit Register January 1, 2020 to January 31, 2020 DATE DESCRIPTION CITY FIRE AMOUNT 1/2 U.S.BANK-Purchasing Card Payment 38,301.34 14,113.84 52,415.18 1/2 U.S.BANK-Corporate Card Payment 49,709.78 16,572.06 66,281.84 1/2 U.S.BANK-Costco Card Payment 2,343.54 18.99 2,362.53 1/2 Workers Comp-City Account Transfer 128.56 - 128.56 1/2 Workers Comp-Fire Account Transfer - 22.53 22.53 1/3 Bank Fee 72.45 - 72.45 1/3 Workers Comp-Fire Account Transfer - 375.94 375.94 1/6 CALPERS-City-Retirement Account Deposit 57,607.75 - 57,607.75 1/6 CALPERS-City-Retirement Account Deposit 119,705.43 - 119,705.43 1/6 CALPERS-Fire-Retirement Account Deposit - 2,604.77 2,604.77 1/6 CALPERS-Fire-Retirement Account Deposit 3,173.97 3,173.97 1/6 CALPERS-Fire-Retirement Account Deposit 4,744.51 4,744.51 1/6 CALPERS-Fire-Retirement Account Deposit 9,292.50 9,292.50 1/6 CALPERS-Fire-Retirement Account Deposit 12,221.52 12,221.52 1/6 CALPERS-Fire-Retirement Account Deposit - 111,134.65 111,134.65 1/6 WIRE PAYMENT-RCMU CAISO 1,791.28 - 1,791.28 1/6 Workers Comp-City Account Transfer 1,364.43 - 1,364.43 1/6 Workers Comp-Fire Account Transfer - 3,989.15 3,989.15 1/8 Workers Comp-City Account Transfer 1,145.95 - 1,145.95 1/8 Workers Comp-Fire Account Transfer - 356.55 356.55 1/9 Workers Comp-Fire Account Transfer - 399.60 399.60 1/13 Workers Comp-City Account Transfer 1,181.56 - 1,181.56 1/13 Workers Comp-Fire Account Transfer - 624.00 624.00 1/14 WIRE PAYMENT-RCMU CAISO 70,740.02 - 70,740.02 1/15 STATE DISBURSEMENT UNIT-Child Support Payments - 3,925.89 3,925.89 1/15 Workers Comp-City Account Transfer 2,801.70 - 2,801.70 1/15 Workers Comp-Fire Account Transfer - 2,633.18 2,633.18 1/16 STATE DISBURSEMENT UNIT-Child Support Payments 2,062.50 - 2,062.50 1/16 Workers Comp-Fire Account Transfer - 915.01 915.01 1/17 Workers Comp-City Account Transfer 3,681.16 - 3,681.16 1/17 Workers Comp-Fire Account Transfer - 54,410.67 54,410.67 1/21 CALPERS-City-Retirement Account Deposit 769.14 - 769.14 1/21 CALPERS-City-Retirement Account Deposit 31,189.92 31,189.92 1/21 CALPERS-City-Retirement Account Deposit 4,917.93 4,917.93 1/21 CALPERS-City-Retirement Account Deposit 5,883.82 5,883.82 1/21 CALPERS-City-Retirement Account Deposit 52,942.00 52,942.00 1/21 CALPERS-City-Retirement Account Deposit 111,797.00 - 111,797.00 1/21 CALPERS-Fire-Retirement Account Deposit - 304.25 304.25 1/21 CALPERS-Fire-Retirement Account Deposit 2,651.92 2,651.92 1/21 CALPERS-Fire-Retirement Account Deposit 3,173.97 3,173.97 1/21 CALPERS-Fire-Retirement Account Deposit 4,973.98 4,973.98 1/21 CALPERS-Fire-Retirement Account Deposit 9,793.94 9,793.94 1/21 CALPERS-Fire-Retirement Account Deposit 12,598.61 12,598.61 1/21 CALPERS-Fire-Retirement Account Deposit 83,133.59 83,133.59 1/21 CALPERS-Fire-Retirement Account Deposit - 109,129.98 109,129.98 1/21 Workers Comp-City Account Transfer 1,500.00 - 1,500.00 1/22 WIRE PAYMENT-RCMU CAISO 6,760.22 6,760.22 1/22 WIRE PAYMENT-RCMU CAISO 7,415.70 7,415.70 1/22 Workers Comp-City Account Transfer 190.64 - 190.64 1/23 CALPERS-Fire-Retirement Account Deposit - 158,243.24 158,243.24 1/23 Workers Comp-City Account Transfer 1,637.62 - 1,637.62 1/23 Workers Comp-Fire Account Transfer - 1,780.34 1,780.34 1/24 Workers Comp-City Account Transfer 5,608.70 - 5,608.70 1/24 Workers Comp-Fire Account Transfer - 1,218.55 1,218.55 1/27 Workers Comp-City Account Transfer 430.40 - 430.40 1/27 Workers Comp-Fire Account Transfer - 4,145.68 4,145.68 1 Page 34 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Electronic Debit Register January 1, 2020 to January 31, 2020 DATE DESCRIPTION CITY FIRE AMOUNT 1/28 WIRE PAYMENT-RCMUCAISO 2,138.52 2,138.52 1/28 Workers Comp-City Account Transfer 80.68 - 80.68 1/28 Workers Comp-Fire Account Transfer - 3,220.05 3,220.05 1/29 Workers Comp-City Account Transfer 141.79 - 141.79 1/29 Workers Comp-Fire Account Transfer - 215.60 215.60 1/30 CALPERS-Fire-Retirement Account Deposit 2,628.34 2,628.34 1/30 CALPERS-Fire-Retirement Account Deposit 3,173.97 3,173.97 1/30 CALPERS-Fire-Retirement Account Deposit 5,044.29 5,044.29 1/30 CALPERS-Fire-Retirement Account Deposit 9,336.08 9,336.08 1/30 CALPERS-Fire-Retirement Account Deposit 13,514.41 13,514.41 1/30 CALPERS-Fire-Retirement Account Deposit - 108,122.25 108,122.25 1/30 STATE DISBURSEMENT UNIT-Child Support Payments 385.50 - 385.50 1/30 STATE DISBURSEMENT UNIT-Child Support Payments - 4,863.69 4,863.69 1/30 Workers Comp-City Account Transfer 179.58 - 179.58 1/30 Workers Comp-Fire Account Transfer - 12,702.99 12,702.99 1/31 CALPERS-City-Retirement Account Deposit 60,261.91 - 60,261.91 1/31 CALPERS-City-Retirement Account Deposit 116,311.33 116,311.33 1/31 Workers Comp-City Account Transfer 596.36 - 596.36 1/31 Workers Comp-Fire Account Transfer - 1,334.61 1,334.61 TOTAL CITY 763,776.21 TOTAL FIRE 796,833.66 GRAND TOTAL 1,560,609.87 2 Page 35 CITY OF • CUCAMONGA DATE: March 4,2020 TO: Mayor and Members of the City Council FROM: John R.Gillison,City Manager INITIATED BY: Jason C.Welday, Director of Engineering Services/City Engineer Annette Cano-Soza,Assistant Engineer SUBJECT: CONSIDERATION OF THE 2018 AND 2019 ANNUAL REVIEWS OF THE DEVELOPMENT AGREEMENT BY AND BETWEEN SC RANCHO DEVELOPMENT CORP., A CALIFORNIA CORPORATION AND EMPIRE LAKES HOLDING COMPANY, LLC,A DELAWARE LIMITED LIABILITY COMPANY AND THE CITY OF RANCHO CUCAMONGA(CASE NO.DRC2015-00118). RECOMMENDATION: Staff recommends that the City Council approve the 2018 and 2019 Annual Review of the subject Development Agreement("Agreement'). BACKGROUND: On September 5, 2018, the City Council adopted Ordinance 934, approving a Development Agreement(Case No. DRC2015-00118) setting forth additional terms for development of the Empire Lakes Golf Course (now referred to as The Resort). Per Section 14 of the Agreement:Annual Review;during the term of the Agreement,City shall annually review the extent of the good faith compliance by Property Owner with the terms of this Agreement. Property owner is required to file an annual report with the City indicating information regarding compliance no later than January 7 for the previous calendar year,commencing January 7,2019. ANALYSIS: The property owners have submitted two compliance letters dated May 30,2019 for calendar year 2018(Attachment 2)and December 20, 2019 for calendar year 2019(Attachment 3)and have complied with the following provisions and provided the annual review below: Agreement Section Compliance Action Section 10 (c)—Property owners shall submit an analysis to the Property Owners submitted the required analysis to the City for City documenting the traffic impact nexus of the Project's for-sale review and approval.The analysis was presented to and approved single-family detached units and condominium units relative to the by the City Council on November 20,2019. "Residential Multi-Family Attached" product for purposes of calculating development fee impact rates. Section 12—Public Art—Property Owners agree to participate in On January 31, 2019, Property Owners submitted an"Application the City's Public Art Program and comply with all requirements of for Installation of Artwork on Public Property"detailing the artwork to Chapter 17.124 of the Municipal Code and Ordinance No.912. be installed in Phase 1 of the Resort.The artwork has a total value of$1,216,901. Section 13(B)—Formation of Property Owners Association. Prior The CC&R's were recorded in the official records for the County of to issuance of the first building permit for the Project, Property San Bernardino on November 30,2018. Owners shall record a declaration of covenants, conditions and restrictions("CC&R's")for the subject property that forms a master property owners association(the"Association"). FISCAL IMPACT: Per the agreement,Offset DIFs(Development Impact Fees),mean the amount of Police DIFs, Library DIFs,and Community and Recreation Center DIFs collected within the service area. Under the agreement, Offset DIFs are credited toward construction of a Joint Use Public Facility(JUPF)conditioned to be funded by the master developer. At the time of the agreement, the developer and City agreed to an amount of$11,000,000 to be funded by the developer toward the JUPF in addition to dedication of the land for the facility. This agreed upon amount is increased annually based upon the Engineering News Record(ENR)construction index. The ENR between December 2018 and November 2019 is calculated at 0.1%.A total of 103 units have been permitted through calendar year 2019 since the approval of this project. During this period,the Offset DIFs collected within the development(Zone 1)and the service area (Zone 2)as described in the agreement are shown in the following table: Page 36 Effective Date 11/24/2019 11/24/2018 ENR 2018-2019-0.1% JUPF Deposit $11,000,000 $11,011,000 Fees Collected one 1 Library $0 $44,996 Police $0 $21,246 Community&Rec $0 $135,912 one 2 Library $0 $632 Police $0 $12,504 Community&Rec $0 $1,902 Remaining Deposit $11,000,000 $10,793,808 COUNCIL GOAL(S)ADDRESSED: This item addresses the City Council's goal of Mid-and Long-Range Planning by monitoring the ongoing collection of funds to provide for Police, Library,and Community Services to residents and businesses in and around The Resort development. ATTACHMENTS: Description Attachment 1 -Vicinity Map Attachment 2-2018 Annual Review Attachment 3-2019 Annual Review Page 37 ATTACHMENT 1 Vicinity Map SUBTT20073 NOT TO SCALE =�alsi m a Rancho Cucamonga 't' wrr,e Superior Coup � W scn�:r;r•w•n� Upland Chrlstian e,lu�Nn ct Civ>c r� Academy Adults Sports Park;9 echo SW-d n•y lack 6ernp 7r rents United States m = Postal Service _ r e � � Arrow Rout€ Arrow Reltte Arrow ROLIte F c Arconrc Fastening g 4 Systems&Rings y � 3'cll�pr ~ 26th Si Jev EIA JNS�Y%NC p Q n Z s Rancho Cucwonoa� ROCHESTER 9 s :S Site Arai-a S, � G E 701 St `' : ti — ph S[ a n I a a 61h St .I h 6th St FAtr m s c S' � � � ,� Son Mar•nn S, Y � — a Srh Sr 6 a " Ccstco Wholesale Q f a A The Reserve at Empire 7�. Iroow A Lakes Apartments y Cvr..11 y T a `m Lake-&Apa Fourth St Fourth St 1 Edwards Ontario Palace Target Q 22 IMAX&RPX P a AMC DINE-IN Q a e Ontario Mills 30 k Centre concw",, - Marketplace At Par �. � , Citizens Business Ontario Center N Page 38 ATTACHMENT 2 SC Rancho Development Corp. Empire Lakes Holding Company, LLC 1156 North Mountain Ave. Upland, CA 91785-0670 909-985-0971 May 30, 2019 CITY OF RANCHO CUCAMONGA VIA EMAIL:Jason.Welday@cityofrc.us P.O. Box 807 Rancho Cucamonga, CA 91729 Attn:Jason Welday, Engineering Services Director RE: Empire Lakes Specific Plan Development Agreement—2018 Annual Review Dear Mr. Welday: In accordance with the requirements of Section 14 of Development Agreement No. DRC 2015-00118 Empire Lakes Specific Plan this letter shall serve as the annual review of compliance with the terms of the Development Agreement. The Development Agreement was approved by the City on November 21, 2018 and recorded on November 26, 2018. In accordance with the terms of the Development Agreement this Annual Review shall cover the period from the approval and recordation date to December 31, 2018. During this 35-day period,there were no requirements to be performed under the terms of the Development Agreement. Please contact me if you have any questions. Sincerely, SC RANCHO DEVELOPMENT CORP., EMPIRE LAKES HOLDING COMPANY, LLC a California corporation a Delaware limited liability company By:_ By: Tim McGinnis, Authorized Representative Tim Mc innis, Authorized Representative cc: Michael Smith, Senior Planner Page 39 ATTACHMENT 3 SC Rancho Development Corp. Empire Lakes Holding Company, LLC 1156 North Mountain Ave. Upland, CA 91785-0670 909-985-0971 December 20, 2019 CITY OF RANCHO CUCAMONGA VIA CERTIFIED MAIL 10500 Civic Center Drive Rancho Cucamonga, CA 91729 Attn:John Gillison, City Manager RE: Empire Lakes Specific Plan Development Agreement—2019 Annual Review Dear Mr. Gillison: In accordance with the requirements of Section 14 of Development Agreement No. DRC 2015-00118 Empire Lakes Specific Plan this letter shall serve as the annual review of compliance with the terms of the Development Agreement. The Development Agreement was approved by the City on November 21, 2018 and recorded on November 26, 2018. In accordance with the terms of the Development Agreement this Annual Review shall cover the period from January 1, 2019 to December 31, 2019. During this period the Property Owner completed or complied with the provisions of the Development Agreement as shown on Schedule "A" attached to this letter. Please contact me if you have any questions. Sincerely, SC RANCHO DEVELOPMENT CORP., EMPIRE LAKES HOLDING COMPANY, LLC a California corporation a Delaware limited liability company By: ^^—a�L By: Bryan I man,Authorized Representative Bryan odman,Authorized Representative cc: Jason Welday, Engineering Services Director Michael Smith, Senior Planner Page 40 1 Schedule "A" Empire Lakes Specific Plan Development Agreement—2019 Annual Review DA Section Reference Compliance Action Section 10 (C)- Property Owners shall submit an Property Owners submitted the required analysis analysis to the City documenting the traffic to the City for review and approval. The analysis impact nexus of the Project's for-sale single- was presented to and approved by the City family detached units and condominium units Council on November 20, 2019 relative to the "Residential Multi-Family Attached" product for purposes of calculating development fee impact rates. Section 12—Public Art—Property Owners agree On January 31, 2019, Property Owners submitted to participate in the City's Public Art Program and an "Application for Installation of Artwork on comply with all requirements of Chapter 17.124 Public Property" detailing the artwork to be of the Municipal Code and Ordinance No. 912. installed in Phase 1 of the Resort. The artwork has a total value of$1,216,901. On April 29, 2019,Jennifer Nakamura confirmed,via email, the submission met all requirements of the City's Public Art Ordinance Section 13 (B)—Formation of Property Owners The Master Declaration of Covenants, Conditions Association. Prior to issuance of the first building and Restrictions and Reservation of Easements permit for the Project, Property Owners shall for The Resort was recorded in the official record a declaration of covenants, conditions and records of the County of San Bernardino on restrictions ("CCR's")for the Subject property November 30, 2018. that forms a master property owners association (the "Association"). End of 2019 Development Agreement Compliance Actions Page 41 CITY OF RANCHO CUCAMONGA DATE: March 4, 2020 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Gianfranco Laurie, Senior Civil Engineer Sandra Salazar, Associate Engineer SUBJECT: CONSIDERATION OF A LICENSE AGREEMENT WITH BNSF RAILWAY COMPANY (BNSF) FOR THE FISCAL YEAR 2018/19 INSTALLATION OF TWO TRAFFIC SIGNALS AND THREE FLASHING YELLOW ARROW SIGNAL MODIFICATIONS PROJECT. RECOMMENDATION: Staff recommends that the City Council approve License Agreement No.19-64211 between the City and BNSF for the Fiscal Year 2018/19 Installation of Two Traffic Signals and Three Flashing Yellow Arrow Signal Modifications Project and authorize the Mayor to sign all necessary documents. BACKGROUND: On October 17, 2018, the City Council awarded a Professional Services Agreement to Kimley-Horn and Associates, Inc., (Kimley-Horn) of Los Angeles, California (CO18-126), for traffic signal design services related to the Fiscal Year 2018/19 Installation of Two Traffic Signals and Three Flashing Yellow Arrow Signal Modifications Project (Project). The Project consists of installing two new traffic signals at the intersections of East Avenue at Highland Avenue and Hellman Avenue at 6th Street. The Project also includes three new flashing yellow arrow signal modifications along Milliken Avenue at the intersections of Vintage Drive, Church Street and Millennium Court. On February 20, 2019, the City Council authorized a change order to the agreement with Kimley-Horn, for additional traffic signal design consultation services to include two flashing yellow arrow signal modifications on Arrow Route at Red Oak Street and Arrow Route at White Oak Avenue. On August 21, 2019, the City Council authorized a change order to the agreement with Kimley-Horn for additional traffic signal design consultation services to include fiber optic plans along Hermosa Avenue and Haven Avenue. The proposed scope of work includes incorporating flashing yellow arrow for left- turn phasing, video detection system and fiber optic interconnect network design as needed to bring connectivity back to the City's Traffic Management Center. A copy of the City Council Staff Reports are held on file with the City Clerk's office. ANALYSIS: One of the new traffic signal installations located at Hellman Avenue and Sixth Street includes fiber optic design plans along Sixth Street from Hellman Avenue to Haven Avenue interconnecting all traffic signals within this segment. The designed fiber optic conduit is consistent with the City's Traffic Signal Page 42 Communication Master Plan. A portion of the proposed fiber optic conduit will cross under an existing BNSF railroad crossing. The proposed conduit is four inches in diameter and has three innerducts. An innerduct is a smaller conduit (or tube) used to subdivide large ducts for the placement of optical fiber cables in the underground conduit system. One innerduct will run 288-strand single-mode fiber optics cable and the other two innerducts will be empty for future use. A vicinity map is included as Attachment 1. BNSF requires the City to obtain a license agreement in place prior to installing the fiber optic line beneath the railroad crossing. This License Agreement shall continue for a period of twenty (20) years with no annual fees. Staff recommends that the City Council approve the License Agreement No.19- 64211 between City and BNSF. A copy of the License Agreement is included as Attachment 2. FISCAL IMPACT: Sufficient funding is available in the project budget to execute the license agreement. Account No's. Funding Source rF1 scription Amount 11243035650/1996124-0 Transportation 8/19 TS & FYA $11,606 (124) COUNCIL GOAL(S) ADDRESSED: This item addresses City Council Goal of public safety by installing new signalized intersections at 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. ATTACHMENTS: Description Attachment 1 - Vicinity Map Attachment 2 - License Agreement for Fiber Optic Line Page 43 ATTACHMENT 1 FISCAL YEAR 2018/19 INSTALLATION OF TWO TRAFFIC SIGNALS AND THREE FLASHING YELLOW ARROW SIGNAL MODIFICATIONS PROJECT VICINITY MAP NOT TO SCALE I < 3r r W r� ri � � D � 3 � Po � Chr4stmas House k f5 f 'S fo Cr fith St ® €rh St a a ]r m 0 iK � F1 Hawthorne Dr p o to n m CL Cresr.en¢-Colter Dr 4 r� 3 3 m 5th St D r'S Project Site N Page 44 ATTACHMENT 2 Tracking#19-64211 LICENSE FOR COMMUNICATION LINE, TELEVISION CABLE, AND/OR FIBER OPTIC LINE ACROSS OR ALONG RAILWAY PROPERTY THIS LICENSE FOR COMMUNICATION LINE, TELEVISION CABLE AND/OR FIBER OPTIC LINE ("License") is made to be effective , 2020 (the "Effective Date") by and between BNSF RAILWAY COMPANY, a Delaware corporation ("Licensor")and City of Rancho Cucamonga, a California municipality ("Licensee"). In consideration of the mutual covenants contained herein, the parties agree to the following: GENERAL 1. Grant of License. Licensor hereby grants Licensee a non-exclusive license, subject to all rights, interests, and estates of third parties, including, without limitation, any leases, use rights, easements, liens, or other encumbrances, and upon the terms and conditions set forth below, to construct and maintain in strict accordance with the drawings and specifications approved by Licensor as part of Licensee's application process(the"Drawings and Specifications") a communication line, television cable, and/or a fiber optic line containing a maximum of Three (3) conduit, together with all conductors and their supporting or containing structures (collectively, the "Communication Line"), across or along Licensor's rail corridor at or near the station of Rancho Cucamonga, County of San Bernardino,State of California, Line Segment 7608, Mile Post 41.25 as shown on the attached Drawing No. 77143, dated November 5, 2019, attached hereto as Exhibit "A" and incorporated herein by reference (the "Premises"). Licensee warrants that it has exercised due care in establishing the Drawings and Specifications and has conducted testing and carefully assessed the design process to conclude that the risks associated with using and operating the Communication Line as intended by Licensee will not pose any unreasonable risks to Licensor or to the Premises. 2. Term. This License shall commence on the Effective Date and shall continue for a period of twenty (20) years, subject to prior termination as hereinafter described. 3. Existing Improvements. Licensee shall not disturb any improvements of Licensor or Licensor's existing lessees, licensees, easement beneficiaries or lien holders, if any, or interfere with the use, repair, maintenance or replacement of such improvements. 4. Use of the Premises. Licensee shall use the Premises solely for construction, maintenance, and use of the Communication Line in accordance with the Drawings and Specifications. Licensee shall not use the Premises for any other purpose. 5. Alterations. Except as set forth in this License, Licensee may not make any alterations to the Premises or permanently affix anything to the Premises or any buildings or other structures adjacent to the Premises without Licensor's prior written consent. COMPENSATION 6. License Fee. Licensee shall pay Licensor, prior to the Effective Date,the sum of Eleven Thousand One Hundred and No/100 Dollars ($11,100.00) as compensation for the use of the Premises. 7. Costs and Expenses. 7.1 For the purpose of this License, "cost" or "costs" and "expense" or "expenses" includes, but is not limited to, actual labor and material costs including all assignable additives, and material and supply costs at current value where used. 7.2 Licensee agrees to reimburse Licensor (pursuant to the terms of Section 8 below) for all costs and expenses incurred by Licensor in connection with Licensee's use of the Premises or the presence, construction and maintenance of the Communication Line, including but not limited to the furnishing of Licensor's flaggers and any vehicle rental costs incurred, inspection coordination, safety, mobilization and/or other observation services described in this License (collectively, the "Services"). Licensee shall 1 - Form 420;Rev.20190916 Page 45 Tracking#19-64211 bear the cost of the Services, when deemed necessary by Licensor's representative. Flagging costs shall include, but not be limited to, the following: pay for at least an eight (8) hour basic day with time and one- half or double time for overtime, rest days and holidays (as applicable); vacation allowance; paid holidays (as applicable); railway and unemployment insurance; public liability and property damage insurance; health and welfare benefits; transportation; meals; lodging and supervision. Negotiations for railway labor or collective bargaining agreements and rate changes authorized by appropriate Federal authorities may increase flagging rates. Flagging rates in effect at the time of performance by the flaggers will be used to calculate the flagging costs pursuant to this Section 7. 7.3 Licensor, at is sole discretion, may elect to designate a third party (the "Scheduling Agent"), to perform and/or arrange for the performance of the Services. 8. Payment Terms. All invoices are due thirty(30) days after the date of invoice. If Licensee fails to pay any monies due to Licensor within thirty (30) days after the invoice date, then Licensee shall pay interest on such unpaid sum from the due date until paid at an annual rate equal to the lesser of (i) the prime rate last published in The Wall StreetJournal in the preceding December plus two and one-half percent(2-1/2%),or(ii)the maximum rate permitted by law. LICENSOR'S RESERVED RIGHTS 9. Reserved Rights of Use. Licensor excepts and reserves the right,to be exercised by Licensor and any other parties who may obtain written permission or authority from Licensor: 9.1 to maintain, use, operate, repair, replace, modify and relocate any utility, power or communication pipe/lines/cables and appurtenances (other than the Communication Line)and other facilities or structures of like character upon, over, under or across the Premises existing as of the Effective Date; 9.2 to construct, maintain, renew, use, operate, change, modify and relocate any tracks or additional facilities, structures and related appurtenances upon, over, under or across the Premises; or 9.3 to use the Premises in any manner as Licensor in its sole discretion deems appropriate, provided Licensor uses all commercially reasonable efforts to avoid material interference with the use of the Premises by Licensee for the purpose specified in Section 4 above. 10. Right to Require Relocation. If at any time during the term of this License, Licensor desires the use of its rail corridor in such a manner as would, in Licensor's reasonable opinion, be interfered with by the Communication Line, Licensee shall, at its sole expense, within thirty(30)days after receiving written notice from Licensor to such effect, make such changes in the Communication Line as in the sole discretion of Licensor may be necessary to avoid interference with the proposed use of Licensor's rail corridor, including, without limitation, the relocation of the Communication Line, or the construction of a new line to replace the Communication Line. Notwithstanding the foregoing, Licensee agrees to make all emergency changes and minor adjustments, as determined by Licensor in its sole discretion, to the Communication Line promptly upon Licensor's request. LICENSEE'S OPERATIONS 11. Construction and Maintenance of the Communication Line. 11.1 Licensee shall not enter the Premises or commence construction unless accompanied by Licensor's representative, the Scheduling Agent or its designee. Licensee shall notify Licensor's Roadmaster, @bnsf.com at , telephone , at least ten (10) business days prior to installation of the Communication Line and prior to entering the Premises for any subsequent maintenance thereon. In the event of emergency, Licensee shall notify Licensor of Licensee's entry onto the Premises at the telephone number above as soon as practicable and shall promptly thereafter follow up with written notice of such entry. 11.2 Licensee's on-site supervisors shall retain/maintain a fully executed copy of this License at all times while on the Premises. -2- Form 420;Rev.20190916 Page 46 Tracking#19-64211 11.3 While on the Premises, Licensee shall use only public roadways to cross from one side of Licensor's tracks to the other. 11.4 Any contractors or subcontractors performing work on the Communication Line or entering the Premises on behalf of Licensee shall be deemed servants and agents of Licensee for purposes of this License. 11.5 Under no conditions shall Licensee be permitted to conduct any tests, investigations or any other activity using mechanized equipment and/or machinery,or place or store any mechanized equipment,tools or other materials,within twenty-five(25)feet of the centerline of any railroad track on the Premises unless Licensee has obtained prior written approval from Licensor. Licensee shall, at its sole cost and expense, perform all activities on and about the Premises, including without limitation all construction and maintenance of the Electric Supply Line, in such a manner and of such materials as not at any time to endanger or interfere with (i) the existence or use of present or future tracks, roadbeds or property of Licensor, (ii) the safe operation and activities of Licensor or existing third parties, or (iii) the rights or interests of third parties. If ordered to cease using the Premises at any time by Licensor's personnel due to any hazardous condition, Licensee shall immediately do so. Notwithstanding the foregoing right of Licensor, the parties agree that Licensor has no duty or obligation to monitor Licensee's use of the Premises to determine the safe nature thereof, it being solely Licensee's responsibility to ensure that Licensee's use of the Premises is safe. Neither the exercise nor the failure by Licensor to exercise any rights granted in this Section will alter the liability allocation provided by this License. 11.6 Licensee shall, at its sole cost and expense, construct and maintain the Communication Line in such a manner and of such material that the Communication Line will not at any time endanger or interfere with (i) the existence or use of present or future tracks, roadbeds, or property of Licensor, (ii) the safe operation and activities of Licensor or existing third parties, or (iii) the rights or interests of third parties. The construction of the Communication Line shall be completed within one (1) year of the Effective Date, and any subsequent maintenance shall be completed within one (1) year of initiation. Within fifteen (15) days after completion of the construction of the Communication Line or the performance of any subsequent maintenance thereon, Licensee shall, at Licensee's own cost and expense, restore the Premises to substantially their state as of the Effective Date, unless otherwise approved in advance by Licensor in writing. On or before expiration or termination of this License for any reason, Licensee shall, at its sole cost and expense, surrender the Premises to Licensor pursuant to the terms and conditions set forth in Section 24 hereof. 11.7 Licensor may direct one or more of its field engineers or inspectors to observe or inspect the construction and/or maintenance of the Communication Line at any time for compliance with the Drawings and Specifications and Legal Requirements (defined below). Licensee shall reimburse Licensor for the cost of such observation or inspection related services pursuant to Section 8. If ordered at any time to halt construction or maintenance of the Communication Line by Licensor's personnel due to non-compliance with the Drawings and Specifications or any other hazardous condition, Licensee shall immediately do so. Notwithstanding the foregoing right of Licensor, the parties agree that Licensor has no duty or obligation to observe or inspect, or to halt work on, the Communication Line, it being solely Licensee's responsibility to ensure that the Communication Line is constructed and maintained in strict accordance with the Drawings and Specifications and in a safe and workmanlike manner in compliance with all terms hereof. Neither the exercise of, nor the failure by Licensor to exercise, any right granted by this Section will alter in any way the liability allocation provided by this License. If at any time Licensee shall, in the sole judgment of Licensor, fail to properly perform its obligations under this Section 11, Licensor may, at its option and at Licensee's sole expense, arrange for the performance of such work as it deems necessary for the safety of its operations and activities. Licensee shall promptly reimburse Licensor for all costs and expenses of such work, pursuant to the terms of Section 8. Licensor's failure to perform any obligations of Licensee shall not alter the liability allocation hereunder. 11.8 Licensee shall, at its sole cost and expense, remove all combustible material from around wooden poles on the Premises, if any, and will at all times keep the space around such poles free of such material, and if removal of such combustible material shall not be attended to with fifteen (15) days after having been requested by Licensor to do so, Licensor shall have the right itself to perform the work and Licensee hereby agrees to reimburse Licensor for the expense so incurred. -3- Form 420;Rev.20190916 Page 47 Tracking#19-64211 11.9 Licensee shall, at its sole cost and expense, construct and at all times maintain the Communication Line in accordance with the National Electric Code. The use of a rail mounted cable plow to install the Communication Line is strictly prohibited unless advance written approval is granted by Licensor, which approval Licensor may grant or withhold in its sole and absolute discretion. Unless otherwise specified, all underground line shall be installed at least forty-eight (48) inches below grade level. 11.10 Cutting head must travel at 0.0% grade (or downward) beginning 25' (minimum) from centerline of track until it reaches a point 25' (minimum) from the centerline of track. Minimum pressure must be applied to pumping the slurry to the cutting head during drilling. This will deter the bentonite slurry used for lubrication from seeping up and fouling the track roadbed. A BNSF Flagman must be present during installation and will monitor the ballast and roadbed. 12. Boring and Excavation. 12.1 Prior to Licensee conducting any boring, excavation,or similar work on or about any portion of the Premises, Licensee shall contact the applicable State's call-before-you-dig utility location service to have 3rd parties mark the location of utilities. Licensee shall explore the proposed location for such work with hand tools to a depth of at least three (3) feet below the surface of the ground to determine whether pipelines or other structures exist below the surface, provided, however, that in lieu of the foregoing hand-tool exploration, Licensee shall have the right to use suitable detection equipment or other generally accepted industry practice (etc.., consulting with the United States Infrastructure Corporation) to determine the existence or location of pipelines and other subsurface structures prior to drilling or excavating with mechanized equipment. Licensee shall request information from Licensor concerning the existence and approximate location of Licensor's underground lines, utilities, and pipelines at or near the vicinity of the proposed Communication Line by contacting Licensor's Telecommunications, currently at 1-800-533-2891, option 1,then option7, Helpdesk at least thirty(30) business days prior to installation of the Communication Line. Upon receiving Licensee's timely request, Licensor will provide Licensee with the information Licensor has in its possession regarding any existing underground lines, utilities, and pipelines at or near the vicinity of the proposed Communication Line and, if applicable, identify the location of such lines on the Premises pursuant to Licensor's standard procedures. Licensor does not warrant the accuracy or completeness of information relating to subsurface conditions of the Premises and Licensee's operations will be subject at all times to the liability provisions herein. 12.2 For all bores greater than 26-inch diameter and at a depth less than 10.0 feet below bottom of rail, a soil investigation must be performed by Licensee and reviewed by Licensor prior to construction. This study is to determine if granular material is present, and to prevent subsidence during the installation process. If the investigation determines in Licensor's reasonable opinion that granular material is present, Licensor may select a new location for Licensee's use, or may require Licensee to furnish for Licensor's review and approval, in Licensor's sole discretion, a remedial plan to deal with the granular material. Once Licensor has approved any such remedial plan in writing, Licensee shall, at Licensee's sole cost and expense, carry out the approved plan in accordance with all terms thereof and hereof. 12.3 Any open hole, boring,or well constructed on the Premises by Licensee shall be safely covered and secured at all times when Licensee is not working in the actual vicinity thereof. Following completion of that portion of the work, all holes or borings constructed on the Premises by Licensee shall be: 12.3.1 filled in to surrounding ground level with compacted bentonite grout; or 12.3.2 otherwise secured or retired in accordance with any applicable Legal Requirement. No excavated materials may remain on Licensor's property for more than ten (10) days, but must be properly disposed of by Licensee in accordance with applicable Legal Requirements. LIABILITY AND INSURANCE 13. Liability and Indemnification. 13.1 For purposes of this License: (a) "Indemnitees" means Licensor and Licensor's affiliated companies, partners, successors, assigns, legal representatives, officers, directors, shareholders, employees, and -4- Form 420;Rev.20190916 Page 48 Tracking#19-64211 agents; (b) "Liabilities" means all claims, liabilities, fines, penalties, costs, damages, losses, liens, causes of action, suits, demands, judgments, and expenses (including, without limitation, court costs, reasonable attorneys' fees, costs of investigation, removal and remediation, and governmental oversight costs) environmental or otherwise; and (c) "Licensee Parties" means Licensee and Licensee's officers, agents, invitees, licensees, employees, or contractors, or any party directly or indirectly employed by any of them, or any party they control or exercise control over. 13.2 TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE SHALL, AND SHALL CAUSE ITS CONTRACTOR TO, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS INDEMNITEES FOR, FROM, AND AGAINST ANY AND ALL LIABILITIES OF ANY NATURE, KIND, OR DESCRIPTION DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM, OR RELATED TO (IN WHOLE OR IN PART): 13.2.1 THIS LICENSE, INCLUDING, WITHOUT LIMITATION, ITS ENVIRONMENTAL PROVISIONS, 13.2.2 ANY RIGHTS OR INTERESTS GRANTED PURSUANT TO THIS LICENSE, 13.2.3 LICENSEE'S OCCUPATION AND USE OF THE PREMISES, 13.2.4 THE ENVIRONMENTAL CONDITION AND STATUS OF THE PREMISES CAUSED BY OR CONTRIBUTED TO BY LICENSEE, OR 13.2.5 ANY ACT OR OMISSION OF ANY LICENSEE PARTY. 13.3 TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE NOW AND FOREVER WAIVES AND WILL INMDENIFY, DEFEND, AND HOLD THE INDEMNITEES HARMLESS FROM ANY AND ALL CLAIMS THAT BY VIRTUE OF ENTERING INTO THIS LICENSE, LICENSOR IS A GENERATOR, OWNER, OPERATOR, ARRANGER, OR TRANSPORTER FOR THE PURPOSES OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT, AS AMENDED("CERCLA")OR OTHER ENVIRONMENTAL LAWS(DEFINED BELOW). NOTHING IN THIS LICENSE IS MEANT BY EITHER PARTY TO CONSTITUTE A WAIVER OF ANY INDEMNITEE'S COMMON CARRIER DEFENSES AND THIS LICENSE SHOULD NOT BE SO CONSTRUED. IF ANY AGENCY OR COURT CONSTRUES THIS LICENSE TO BE A WAIVER OF ANY INDEMNITEE'S COMMON CARRIER DEFENSES, LICENSEE AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND INDEMNITEES FOR ANY LIABILITIES RELATED TO THAT CONSTRUCTION OF THIS LICENSE. IN NO EVENT AS BETWEEN LICENSOR AND LICENSEE AS TO USE OF THE PREMISES AS CONTEMPLATED BY THIS LICENSE SHALL LICENSOR BE RESPONSIBLE TO LICENSEE FOR THE ENVIRONMENTAL CONDITION OF THE PREMISES. 13.4 IF ANY EMPLOYEE OF ANY LICENSEE PARTY ASSERTS THAT HE OR SHE IS AN EMPLOYEE OF ANY INDEMNITEE,TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE SHALL,AND SHALL CAUSE ITS CONTRACTOR TO, RELEASE, INDEMNIFY, DEFEND, AND HOLD THE INDEMNITEES HARMLESS FROM AND AGAINST ANY LIABILITIES ARISING OUT OF OR RELATED TO (IN WHOLE OR IN PART) ANY SUCH ASSERTION INCLUDING, BUT NOT LIMITED TO, ASSERTIONS OF EMPLOYMENT BY AN INDEMNITEE RELATED TO THE FOLLOWING OR ANY PROCEEDINGS THEREUNDER: THE FEDERAL EMPLOYERS' LIABILITY ACT, THE SAFETY APPLIANCE ACT, THE LOCOMOTIVE INSPECTION ACT, THE OCCUPATIONAL SAFETY AND HEALTH ACT, THE RESOURCE CONSERVATION AND RECOVERY ACT, AND ANY SIMILAR STATE OR FEDERAL STATUTE. 13.5 THE FOREGOING OBLIGATIONS OF LICENSEE SHALL NOT APPLY TO THE EXTENT LIABILITIES ARE PROXIMATELY CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY INDEMNITEE, BUT SHALL APPLY TO ALL OTHER LIABILITIES, INCLUDING THOSE ARISING FROM OR ATTRIBUTED TO ANY OTHER ALLEGED OR ACTUAL NEGLIGENCE, INTENTIONAL ACTS, OR STRICT LIABILITY OF ANY INDEMNITEE. 13.6 Upon written notice from Licensor, Licensee agrees to assume the defense of any lawsuit or other proceeding brought against any Indemnitee by any entity, relating to any matter covered by this License for -5- Form 420; Rev.20190916 Page 49 Tracking#19-64211 which Licensee has an obligation to assume liability for and/or save and hold harmless any Indemnitee. Licensee shall pay all costs and expenses incident to such defense, including, but not limited to, reasonable attorneys'fees, investigators'fees, litigation and appeal expenses, settlement payments, and amounts paid in satisfaction of judgments. 14. Personal Property Risk of Loss. ALL PERSONAL PROPERTY, INCLUDING, BUT NOT LIMITED TO, FIXTURES, EQUIPMENT,OR RELATED MATERIALS UPON THE PREMISES WILL BE AT THE RISK OF LICENSEE ONLY, AND NO INDEMNITEE WILL BE LIABLE FOR ANY DAMAGE THERETO OR THEFT THEREOF,WHETHER OR NOT DUE IN WHOLE OR IN PART TO THE NEGLIGENCE OF ANY INDEMNITEE. 15. Insurance. Licensee shall, at its sole cost and expense, procure and maintain during the term of this License the following insurance coverage: 15.1 Commercial General Liability"CGL" Insurance. a. The policy will provide a minimum of $2,000,000 per occurrence and an aggregate limit of at least $4,000,000 but in no event will the coverage be in an amount less than the amount otherwise carried by Licensee. Coverage must be purchased on a post 2004 ISO occurrence form or equivalent and include coverage for, but not limited to, the following: ■ Bodily Injury and Property Damage ■ Personal Injury and Advertising Injury ■ Fire legal liability ■ Products and completed operations • Contractual Liability for an "Insured Contract" consistent with the definition under the standard ISO general liability policy form. b. This policy will include the following endorsements or language,which shall be indicated on or attached to the certificate of insurance: ■ The definition of"Insured Contract"will be amended to remove any exclusion or other limitation for any work being done within 50 feet of Licensor's property; ■ Waiver of subrogation in favor of and acceptable to Licensor; ■ Additional insured endorsement in favor of and acceptable to Licensor and Jones Lang LaSalle Brokerage, Inc.to include coverage for ongoing operations and completed operations; ■ Separation of insureds; ■ The policy shall be primary and non-contributing with respect to any insurance carried by Licensor. c. The parties agree that the workers'compensation and employers' liability related exclusions in the CGL policy(s) are intended to apply to employees of the policyholder and will not apply to Licensor's employees. d. No other endorsements that limit coverage with respect to Licensee's obligations under this agreement may be included on the policy. 15.2 Business Automobile Insurance a. The insurance will provide minimum coverage with a combined single limit of at least $1,000,000 per accident, and include coverage for, but not limited to the following: ■ Bodily injury and property damage. ■ Any and all vehicles owned, used or hired. b. The policy will include the following endorsements or language, which will be indicated on or attached to the certificate of insurance: ■ Waiver of subrogation in favor of and acceptable to Licensor; ■ Additional insured endorsement in favor of and acceptable to Licensor; • Separation of insureds; ■ The policy shall be primary and non-contributing with respect to any insurance carried by Licensor. -6- Form 420;Rev.20190916 Page 50 Tracking#19-64211 15.3 Workers' Compensation and Employers' Liability Insurance a. The policy will provide coverage of all employees performing any part of the work or services including coverage for, but not limited to: ■ Licensee's statutory liability under the workers'compensation laws of the state(s) in which the work or services are to be performed. The policy will cover all of Licensee's employees, regardless of whether such coverage is optional under the law of that state(s). ■ Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. b. The policy will include contain the following endorsements or language, which shall be indicated on or attached to the certificate of insurance: ■ Waiver of subrogation in favor of and acceptable to Licensor. 15.4 Railroad Protective Liability Insurance. The policy will name only Licensor as the Insured and will provide coverage of at least$2,000,000 per occurrence and $6,000,000 in the aggregate. The coverage obtained under this policy shall only be effective during the initial installation and/or construction of the Electric Supply Line. THE CONSTRUCTION OF THE ELECTRIC SUPPLY LINE SHALL BE COMPLETED WITHIN ONE (1) YEAR OF THE EFFECTIVE DATE. If further maintenance of the Electric Supply Line is needed at a later date, an additional Railroad Protective Liability Insurance Policy shall be required. The policy will be issued on a standard ISO form CG 00 35 12 04 and include the following: ■ Endorsed to include the Pollution Exclusion Amendment. ■ Endorsed to include the Limited Seepage and Pollution Endorsement. ■ Endorsed to remove any exclusion for punitive damages. ■ Endorsed to include Evacuation Expense Coverage Endorsement. ■ No other endorsements restricting coverage may be added. ■ The original policy must be provided to Licensor and Licensee shall not perform any work or services of any kind under this agreement until Licensor has reviewed and approved the policy. ■ The definition of"Physical Damage to Property"will be endorsed to read: "means direct and accidental loss of or damage to all property owned by any named insured and all property in any named insured's care, custody and control (including, but not limited to rolling stock and their contents, mechanical construction equipment or motive power equipment, railroad tracks, roadbeds, catenaries, signals, tunnels, bridges and buildings) arising out of the acts or omissions of the contractor named on the Declarations." In lieu of providing a Railroad Protective Liability Policy, for a period of one(1)year from the Effective Date, Licensee may participate in Licensor's Blanket Railroad Protective Liability Insurance Policy available to Licensee or its contractor. The limits of coverage are the same as above. The cost is $506.00. ❑ Licensee elects to participate in Licensor's Blanket Policy; ❑ Licensee declines to participate in Licensor's Blanket Policy. 15.5 Other Requirements: 15.5.1 Where allowable by law, no exclusion for punitive damages may be included in any policy. 15.5.2 Licensee agrees to waive its right of recovery against Licensor for all claims and suits against Licensor. In addition, Licensee's insurers, through the terms of the policy or policy endorsement, waive their right of subrogation against Licensor for all claims and suits. Licensee further waives its right of recovery, and its insurers also waive their right of subrogation against Licensor for loss of Licensee's owned or leased property or property under Licensee's care, custody, or control. 15.5.3 Allocated Loss Expense, including but not limited to defense costs and expenses,will be in addition to all policy limits for coverage under the insurance requirements. 15.5.4 Licensee is not allowed to self-insure without the prior written consent of Licensor. If Licensor allows Licensee to self-insure, Licensee shall directly cover any self-insured retention or other -7- Form 420;Rev.20190916 Page 51 Tracking#19-64211 financial responsibility for claims in lieu of insurance. Any and all Licensor liabilities that would otherwise be covered by Licensee's insurance in accordance with the provisions of this agreement, will be covered as if Licensee elected not to include a self-insured retention or other financial responsibility for claims. 15.5.5 Prior to entering the Premises or commencing the services or work, Licensee shall furnish to Licensor an acceptable certificate(s)of insurance from an authorized representative evidencing the required coverage(s), endorsements, and amendments. 15.5.6 Licensee agrees to provide evidence to Licensor that it has the required coverage in place at least annually or in the event of a renewal or material change of coverage. 15.5.7 Any insurance policy shall be written by a reputable insurance company acceptable to Licensor or with a current Best's Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provided. 15.5.8 If the coverage provided by any of the insurance policies required by this agreement is purchased on a "claims made" basis, Licensee hereby agrees to maintain coverage in force for a minimum of three years after expiration, cancellation or termination of this agreement. 15.5.9 Licensee agrees to provide evidence to Licensor that it has the required coverage in place at least annually or in the event of a renewal or material change of coverage. 15.5.10 Licensee represents that this License has been thoroughly reviewed by Licensee's insurance agent(s)/broker(s), and that Licensee has instructed them to procure the insurance coverage required by this License. 15.5.11 Not more frequently than once every five years, Licensor may, at its discretion, reasonably modify the insurance requirements to reflect the then-current risk management practices in the railroad industry and underwriting practices in the insurance industry. 15.5.12If Licensee will subcontract any portion of the operation, Licensee shall require that the subcontractor provide and maintain insurance coverage(s)as set forth herein, naming Licensor as an additional insured. In addition, Licensee shall require that the subcontractor shall release, defend and indemnify Licensee to the same extent and under the same terms and conditions as Licensee is required to release, defend and indemnify Licensor under this agreement. 15.5.13 Failure to provide evidence as required by this section shall entitle, but not require, Licensor to terminate this License immediately. Acceptance of a certificate that does not comply with this section shall not operate as a waiver of Licensee's obligations hereunder. 15.5.14 The fact that Licensee obtains insurance (including, without limitation, self-insurance) shall not release or diminish Licensee's liabilities or obligations including,without limitation, the liabilities and obligations under the indemnity provisions of the License. Damages recoverable by Licensor shall not be limited by the amount of the required insurance coverage. 15.5.15 In the event of a claim or lawsuit involving Licensor arising out of this Agreement, Licensee will make the policy covering such claims or lawsuits available to Licensor. 15.5.16 If Licensee maintains broader coverage and/or higher limits than the minimum requirements in this Agreement, Licensor requires and shall be entitled to the broader coverage and/or the higher limits. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to Licensor. 15.5.17 These insurance provisions are intended to be a separate and distinct obligation on the part of the Licensee. Therefore, these provisions shall be enforceable and Licensee shall be bound thereby regardless of whether or not indemnity provisions are determined to be enforceable in the jurisdiction in which the work or services performed under this License is performed. -8- Form 420;Rev.20190916 Page 52 Tracking#19-64211 15.5.18 For purposes of this Section 15, Licensor shall mean "Burlington Northern Santa Fe, LLC", "BNSF Railway Company" and the subsidiaries, successors, assigns and affiliates of each. COMPLIANCE WITH LAWS, REGULATIONS AND ENVIRONMENTAL MATTERS 16. Compliance with Laws, Rules, and Regulations. 16.1 Licensee shall observe and comply with any and all applicable federal, state, local and tribal laws, statutes, regulations, ordinances, orders, covenants, restrictions, or decisions of any court of competent jurisdiction ("Legal Requirements") relating to the construction, maintenance and use of the Communication Line and the use of the Premises. 16.2 Prior to entering the Premises, Licensee shall and shall cause its contractor(s) to comply with all of Licensor's applicable safety rules and regulations. Licensee must ensure that each of its employees, contractors, agents or invitees entering upon the Premises completes the safety orientation program at the Website "www.BNSFcontractor.com" (the "Safety Orientation") within one year prior to entering upon the Premises. Additionally, Licensee must ensure that each and every employee of Licensee, its contractors, agents and invitees possess a card certifying completion of the Safety Orientation prior to entering upon the Premises. Licensee must renew (and ensure that its contractors, agents or invitees, as applicable renew)the Safety Orientation annually. 16.3 Licensee shall obtain on or before the date it or its contractor enters the Premises, any and all additional rights-of way, easements, licenses and other agreements relating to the grant of rights and interests in and/or access to the Premises (collectively, the "Rights") and such other rights, licenses, permits, authorizations, and approvals (including without limitation, any necessary local, state, federal or tribal authorizations and environmental permits) that are necessary in order to permit Licensee to construct, maintain, own and operate the Communication Line and otherwise to perform its obligations hereunder in accordance with the terms and conditions hereof. 16.4 Licensee shall either require that the initial stated term of each such Rights be for a period that does not expire, in accordance with its ordinary terms, prior to the last day of the term of this License or, if the initial stated term of any such Right expires in accordance with its ordinary terms on a date earlier than the last day of the term of this License, Licensee shall, at its cost, exercise any renewal rights thereunder, or otherwise acquire such extensions, additions and/or replacements as may be necessary, in order to cause the stated term thereof to be continued until a date that is not earlier than the last day of the term of this License. 16.5 Upon the expiration or termination of any Right that is necessary in order for Licensee to own, operate or use the Communication Line in accordance with the terms and conditions of this License, this License thereby shall automatically expire upon such expiration or termination of the Right. 17. Environmental. 17.1 Licensee shall strictly comply with all federal, state and local environmental Legal Requirements and regulations in its use of the Premises, including, but not limited to,the Resource Conservation and Recovery Act, as amended (RCRA), the Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, and CERCLA (collectively referred to as the "Environmental Laws"). Licensee shall not maintain a treatment, storage, transfer or disposal facility, or underground storage tank, as defined by Environmental Laws on the Premises. Licensee shall not release or suffer the release of oil or hazardous substances, as defined by Environmental Laws on or about the Premises. 17.2 Licensee covenants that it will not handle or transport "hazardous waste" or "hazardous substances", as "hazardous waste" and "hazardous substances" may now or in the future be defined by any federal, state, or local governmental agency or body on the Premises. Licensee agrees periodically to furnish Licensor with proof, satisfactory to Licensor that Licensee is in compliance with the provisions of this Section 17.2. -9- Form 420;Rev.20190916 Page 53 Tracking#19-64211 17.3 Licensee shall give Licensor immediate notice to Licensor's Resource Operations Center at(800)832-5452 of any known (i) release of hazardous substances on, from, or affecting the Premises, (ii) violation of Environmental Laws, or (iii) inspection or inquiry by governmental authorities charged with enforcing Environmental Laws with respect to Licensee's use of the Premises. Licensee shall use the best efforts to promptly respond to any release on, from, or affecting the Premises. Licensee also shall give Licensor immediate notice of all measures undertaken on behalf of Licensee to investigate, remediate, respond to or otherwise cure such release or violation. 17.4 If Licensor has notice from Licensee or otherwise of a release or violation of Environmental Laws arising in any way with respect to the Communication Line which occurred or may occur during the term of this License, Licensor may require Licensee, at Licensee's sole risk and expense, to take timely measures to investigate, remediate, respond to or otherwise cure such release or violation affecting the Premises or Licensor's right-of-way. 17.5 Licensee shall promptly report to Licensor in writing any conditions or activities upon the Premises known to Licensee which create a risk of harm to persons, property or the environment and shall take whatever action is necessary to prevent injury to persons, property, or the environment arising out of such conditions or activities; provided, however, that Licensee's reporting to Licensor shall not relieve Licensee of any obligation whatsoever imposed on it by this License. Licensee shall promptly respond to Licensor's request for information regarding said conditions or activities. DISCLAIMER OF WARRANTIES 18. No Warranties. 18.1 LICENSOR'S DUTIES AND WARRANTIES ARE LIMITED TO THOSE EXPRESSLY STATED IN THIS LICENSE AND SHALL NOT INCLUDE ANY IMPLIED DUTIES OR IMPLIED WARRANTIES, NOW OR IN THE FUTURE. NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE BY LICENSOR OTHER THAN THOSE CONTAINED IN THIS LICENSE. LICENSEE HEREBY WAIVES ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PREMISES OR WHICH MAY EXIST BY OPERATION OF LAW OR IN EQUITY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 18.2 LICENSOR MAKES NO WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING (A) THE SCOPE OF THE LICENSE OR OTHER RIGHTS GRANTED HEREUNDER TO LICENSEE OR (B) WHETHER OR NOT LICENSEE'S CONSTRUCTION, MAINTENANCE, OWNERSHIP, USE OR OPERATION OF THE COMMUNICATION LINE WILL VIOLATE OR INFRINGE UPON THE RIGHTS, INTERESTS AND ESTATES OF THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, ANY LEASES, USE RIGHTS, EASEMENTS AND LIENS OF ANY THIRD PARTY. 19. Disclaimer of Warranty for Quiet Enloyment. LICENSOR DOES NOT WARRANT ITS TITLE TO THE PREMISES NOR UNDERTAKE TO DEFEND LICENSEE IN THE PEACEABLE POSSESSION OR USE THEREOF. NO COVENANT OF QUIET ENJOYMENT IS MADE. 20. Eviction at Risk of Licensee. In case of the eviction of Licensee by anyone owning, claiming title to, or claiming any interest in the Premises, or by the abandonment by Licensor of the affected rail corridor, Licensor shall not be liable (i) to refund Licensee any compensation paid hereunder, except for the pro-rata part of any recurring charge paid in advance, or(ii)for any damages or costs Licensee sustains in connection with the eviction. LIENS AND TAXES 21. Liens and Charges. Licensee shall promptly pay and discharge any and all liens arising out of any construction, alterations or repairs done, suffered or permitted to be done by Licensee on the Premises. Licensor is hereby authorized to post any notices or take any other action upon or with respect to the Premises that is or may be permitted by law to prevent the attachment of any such liens to the Premises; provided, however, that failure of Licensor to take any such action shall not relieve Licensee of any obligation or liability under this Section 21 or any other Section of this License. -10- Form 420;Rev.20190916 Page 54 Tracking#19-64211 22. Taxes. Licensee shall pay when due any taxes, assessments or other charges (collectively, "Taxes") levied or assessed by any governmental or quasi-governmental body upon the Communication Line or any other improvements constructed or installed on the Premises by or for Licensee (collectively, the "Improvements") or any Taxes levied or assessed against Licensor or the Premises that are attributable to the Improvements. DEFAULT, TERMINATION, AND SURRENDER 23. Default and Termination. In addition to and not in limitation of Licensor's right to terminate for failure to provide evidence of insurance as required pursuant to the terms of Section 15, the following events are also deemed to be events of default pursuant to which Licensor has the right to terminate as set forth below: 23.1 If default shall be made in any of Licensee's covenants, agreements,or obligations contained in this License and Licensee fails to cure said default within thirty(30) days after written notice is provided to Licensee by Licensor, or in case of any assignment or transfer of this License in violation of Section 26 below, Licensor may, at its option, terminate this License by serving five (5) days' notice in writing upon Licensee. Notwithstanding the foregoing, Licensor shall have the right to terminate this License immediately if Licensee fails to provide evidence of insurance as required in Section 15. 23.2 Should Licensee not comply fully with the obligations of Section 17 regarding the handling or transporting of hazardous waste or hazardous material, notwithstanding anything contained in any other provision of this License, Licensor may, at its option,terminate this License by serving five(5)days'notice of termination upon Licensee. 23.3 Any waiver by Licensor of any default or defaults shall not constitute a waiver of the right to terminate this License for any subsequent default or defaults, nor shall any such waiver in any way affect Licensor's ability to enforce any Section of this License. The remedies set forth in this Section 23 shall be in addition to, and not in limitation of, any other remedies that Licensor may have at law or in equity. 23.4 In addition to and not in limitation of Licensor's rights to terminate this License for failure to provide evidence of insurance or occurrence of defaults as described above, this License may be terminated by either party, at any time, by serving thirty(30)days'written notice of termination upon the other party. Such termination shall not release either party hereto from any liability or obligation under the License, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or thereafter in case by the terms of the License it is provided that anything shall or may be done after termination hereof. 23.5 Licensee agrees not to assert that termination of this License is a discontinuance in service that requires prior approval by the FCC and represents and warrants that it has redundant facilities that would allow it to continue the provision of service after termination of this License. 24. Surrender of the Premises. 24.1 On or before expiration or termination of this License for any reason, Licensee shall, at its sole cost and expense: 24.1.1 if so directed by Licensor in writing, remove the Improvements, the Communication Line and all appurtenances thereto, or, at the sole discretion of Licensor, appropriately decommission the Communication Line with a method satisfactory to Licensor; 24.1.2 report and restore any damage to the Premises or Licensor's other property arising from, growing out of, or connected with Licensee's use of the Premises; 24.1.3 remedy any unsafe conditions on the Premises created or aggravated by Licensee; and 24.1.4 leave the Premises in substantially the condition which existed as of the Effective Date or as otherwise agreed to by Licensor. 11 - Form 420;Rev.20190916 Page 55 Tracking#19-64211 24.2 Upon any expiration or termination of this License, if Licensee fails to surrender the Premises to Licensor or if Licensee fails to complete its obligations under Section 24.1 above (the "Restoration Obligations"), Licensee shall have a limited license to enter upon the Premises solely to the extent necessary for Licensee to complete the Restoration Obligations, and all liabilities and obligations of Licensee hereunder shall continue in effect until the Premises are surrendered and the Restoration Obligations are completed. Neither termination nor expiration shall release Licensee from any liability or obligation under this License, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination, or, if later, the date when Licensee surrenders the Premises and all of the Restoration Obligations are completed. 24.3 If Licensee fails to complete the Restoration Obligations within thirty (30) days after the date of such termination of its tenancy,then Licensor may, at its election, either: (i)remove the Communication Line and the other Improvements or otherwise restore the Premises, and in such event Licensee shall, within thirty (30) days after receipt of bill therefor, reimburse Licensor for cost incurred, (ii) upon written notice to Licensee, take and hold the Communication Line and the other Improvements and personal property as its sole property, without payment or obligation to Licensee therefor, or (iii) specifically enforce Licensee's obligation to restore and/or pursue any remedy at law or in equity against Licensee for failure to so restore. Further, if Licensor has consented to the Communication Line and the other Improvements remaining on the Premises following termination, Licensee shall, upon request by Licensor, provide a bill of sale in a form acceptable to Licensor conveying the Communication Line and the other Improvements to Licensor for no additional consideration at no additional cost. MISCELLANEOUS 25. Successors and Assigns. All provisions contained in this License shall be binding upon, inure to the benefit of, and be enforceable by the respective successors and assigns of Licensor and Licensee to the same extent as if each such successor and assign was named a party to this License. 26. Assignment. 26.1 Licensee may not sell, assign, transfer, or hypothecate this License or any right, obligation, or interest herein (either voluntarily or by operation of law, merger, or otherwise) without the prior written consent of Licensor, which consent may not be unreasonably withheld or delayed by Licensor. Any attempted assignment by Licensee in violation of this Section 26 shall be a breach of this License and, in addition, shall be voidable by Licensor in its sole and absolute discretion. 26.2 For purposes of this Section 26, the word "assign"shall include without limitation (a)any sale of the equity interests of Licensee following which the equity interest holders of Licensee immediately prior to such sale own, directly or indirectly, less than 50% of the combined voting power of the outstanding voting equity interests of Licensee, (b) any sale of all or substantially all of the assets of(i) Licensee and (ii)to the extent such entities exist, Licensee's parent and subsidiaries, taken as a whole, or (c) any reorganization, recapitalization, merger or consolidation involving Licensee. Notwithstanding the foregoing, any reorganization, recapitalization, merger or consolidation following which the equity interest holders of Licensee immediately prior to such reorganization, recapitalization, merger or consolidation own, directly or indirectly, at least 50% of the combined voting power of the outstanding voting equity interests of Licensee or any successor thereto or the entity resulting from such reorganization, recapitalization, merger or consolidation shall not be deemed an assignment. THIS LICENSE SHALL NOT RUN WITH THE LAND WITHOUT THE EXPRESS WRITTEN CONSENT OF LICENSOR, SUCH CONSENT TO BE IN LICENSOR'S SOLE DISCRETION. 26.3 Notwithstanding the provisions of Section 26.1 above or anything contained in this License to the contrary, if Licensee sells, assigns, transfers, or hypothecates this License or any interest herein in contravention of the provisions of this License (a "Purported Assignment") to another party (a "Purported Transferee"), the Purported Transferee's enjoyment of the rights and privileges granted under this License shall be deemed to be the Purported Transferee's agreement to be bound by all of the terms and provisions of this License, including but not limited to the obligation to comply with the provisions of Section 15 above concerning insurance requirements. In addition to and not in limitation of the foregoing, Licensee, for itself, its successors and assigns, shall indemnify, defend and hold harmless Licensor for all Liabilities of any nature, -12- Form 420;Rev.20190916 Page 56 Tracking#19-64211 kind or description of any person or entity directly or indirectly arising out of, resulting from or related to (in whole or in part) a Purported Assignment. The provisions of this Section 26.3 shall survive the expiration or earlier termination of this License. 26.4 Licensor shall have the right to transfer or assign, in whole or part, all of its rights and obligations under this License, and upon any such transfer or assignment, Licensor shall be released from any further obligations hereunder, and Licensee agrees to look solely to the successor in interest of Licensor for the performance of such obligations. 27. Notices. Any notice, invoice, or other writing required or permitted to be given hereunder by one party to the other shall be in writing and the same shall be given and shall be deemed to have been served and given if(i) placed in the United States mail, certified, return receipt requested,or(ii)deposited into the custody of a nationally recognized overnight delivery service, addressed to the party to be notified at the address for such party specified below, or to such other address as the party to be notified may designate by giving the other party no less than thirty(30) days' advance written notice of such change in address. If to Licensor: Jones Lang LaSalle Brokerage, Inc. 4200 Buckingham Rd., Suite 110 Fort Worth, TX 76155 Attn: Permits/Licenses with a copy to: BNSF Railway Company 2301 Lou Menk Dr., GOB-3W Fort Worth, TX 76131 Attn: Senior Manager Real Estate If to Licensee: City of Rancho Cucamonga PO Box 807 Rancho Cucamonga, California 91729 28. Survival. Neither termination nor expiration will release either party from any liability or obligation under this License, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or expiration, or, if later, the date when the Communication Line and the other Improvements are removed and the Restoration Obligations are completed in accordance with the terms hereof. 29. Recordation. It is understood and agreed that this License shall not be placed or allowed to be placed on public record. 30. Applicable Law. All questions concerning the interpretation or application of provisions of this License shall be decided according to the substantive laws of the State of Texas without regard to conflicts of law provisions. 31. Severability. To the maximum extent possible, each provision of this License shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this License shall be prohibited by, or held to be invalid under, applicable law, such provision shall be ineffective solely to the extent of such prohibition or invalidity, and this shall not invalidate the remainder of such provision or any other provision of this License. 32. Integration. This License is the full and complete agreement between Licensor and Licensee with respect to all matters relating to Licensee's use of the Premises, and supersedes any and all other agreements between the parties hereto relating to Licensee's use of the Premises as described herein. However, nothing herein is intended to terminate any surviving obligation of Licensee or Licensee's obligation to defend and hold Licensor harmless in any prior written agreement between the parties. 33. Joint and Several Liability. If Licensee consists of two or more parties, all the covenants and agreements of Licensee herein contained shall be the joint and several covenants and agreements of such parties. 34. Waiver. The waiver by Licensor of the breach of any provision herein by Licensee shall in no way impair the right of Licensor to enforce that provision for any subsequent breach thereof. -13- Form 420;Rev.20190916 Page 57 Tracking#19-64211 35. Interpretation. 35.1 This License shall be interpreted in a neutral manner, and not more strongly for or against any party based upon the source of the draftsmanship; both parties hereby agree that this License shall not be subject to the principle that a contract would be construed against the party which drafted the same. Article titles, headings to sections and paragraphs and the table of contents (if any) are inserted for convenience of reference only and are not intended to be a part or to affect the meaning or interpretation hereof. The exhibit or exhibits referred to herein shall be construed with and as an integral part of this License to the same extent as if they were set forth verbatim herein. 35.2 As used herein, "include", "includes" and "including" are deemed to be followed by "without limitation" whether or not they are in fact followed by such words or words of like import; "writing", "written" and comparable terms refer to printing, typing, lithography and other means of reproducing words in a visible form; references to any person are also to that person's successors and permitted assigns; "hereof', "herein", "hereunder" and comparable terms refer to the entirety hereof and not to any particular article, section, or other subdivision hereof or attachment hereto; references to any gender include references to the masculine or feminine as the context requires; references to the plural include the singular and vice versa; and references to this License or other documents are as amended, modified or supplemented from time to time. 36. Counterparts. This License may be executed in multiple counterparts, each of which shall, for all purposes, be deemed an original but which together shall constitute one and the same instrument, and the signature pages from any counterpart may be appended to any other counterpart to assemble fully executed documents,and counterparts of this License may also be exchanged electronically and any electronic version of any party's signature shall be deemed to be an original signature for all purposes. 37. Licensor's Representative. Jones Lang LaSalle Brokerage, Inc. is acting as representative for BNSF Railway Company. END OF PAGE—SIGNATURE PAGE FOLLOWS -14- Form 420;Rev.20190916 Page 58 Tracking#19-64211 This License has been duly executed by the parties hereto as of the Effective Date. LICENSOR: BNSF Railway Company, a Delaware corporation By: Jones Lang LaSalle Brokerage, Inc. 4200 Buckingham Road, Suite 110 Fort Worth, TX 76155 By: Title: Date: LICENSEE: City of Rancho Cucamonga, a California municipality By: Title: Date: -15- Form 420;Rev.20190916 Page 59 COORDINATE SYSTEM: CA 5 TRACKING NO. 19-64211 0 w EXHIBIT "A" ATTACHED TO CONTRACT BETWEEN N � BNSF RAILWAY COMPANYLU AND Q CITY OF RANCHO CUCAMONGA SCALE:1 IN = 75 FT SECTION: 14 CALIFORNIA DIV. TOWNSHIP & RANGE: SCAX: SAN GABRIEL SUBDIV. 1S 7W L.S. 7608 MP: 41.25 MERIDIAN: SBM DATE: 11/5/2019It A ❑ 40 Q I ■ I � 34 MP 41.25 61 h St 34.084620,-117.589041 34' c� H LLI H Source: Esri, DigitalGlobe,GeoEye, Earthstar Geographics, CNES/Airbus IDS, USDA, USGS,AeroGRID, IGN,and the GIS User Community NOTE: 1-4"HDPE CONDUIT W/ 3-1.25"HDPE DESCRIPTION OF WIRES UNDER TRACK 1 OCCUPIED W/ WIRES LOCATED AS SHOWN BOLD 1 FIBER OPTIC CABLE 2 VACANT TYPE FIBER OPTIC SIZE OF CONDUIT 4" NUMBER OF CONDUITS 1 CONDUIT MATERIAL HDPE SCH 80 VOLTAGE 0 WALLTHICKNESS 0.337" LENGTH ON R/W 34' NOTE:CONDUIT TO BE JACKED OR DRY BORED ONLY BASE OF RAIL TO TOP OF CONDUIT 5.5' RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CA NAF DRAWING NO. 77143 Page 60 CITY OF RANCHO CUCAMONGA DATE: March 4, 2020 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Darren Chin, Assistant Engineer SUBJECT: CONSIDERATION OF AN IMPROVEMENT AGREEMENT FOR CASE NO. DRC2018-00711 LOCATED AT 9063 CENTER AVENUE, ACCEPT FAITHFUL PERFORMANCE, LABOR & MATERIALS BONDS, ORDER THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHT MAINTENANCE DISTRICT NOS. 1 AND 6, AND ADOPTION AND AUTHORIZATION TO RECORD A RESOLUTION ORDERING THE STREET VACATION ON THE EAST SIDE OF CENTER AVENUE ALONG APN 0209-251-10-0000. RECOMMENDATION: Staff recommends that the City Council: 1. Approve an Improvement Agreement for Case No. DRC2018-00711, 2. Accept Faithful Performance, Labor & Materials bonds (Bond #800046448), 3. Orderthe annexation to Landscape Maintenance District No. 3B and Street Light Maintenance District Nos. 1 and 6, and 4. Adopt and authorize the recording of the attached resolution summarily ordering the vacation of a 7-foot wide strip on the east side of Center Avenue along APN 0209-251-10-0000. BACKGROUND: On January 23, 2019, the Planning Commission approved Case No. DRC2018-00711 for the construction of a 110,442 square foot warehouse on a 4.60 acre parcel located at 9063 Center Avenue, located at the northeast corner of Center Avenue and 7th Street, in the General Industrial (GI) District. This approval included conditions to construct certain public improvements including street, landscape, and storm drain improvements. In review of ENG2018-00059, it was also determined that there is excess street right-of-way along the Center Avenue frontage of the subject parcel. ANALYSIS: The developer, Center Avenue Industrial, LLC, has submitted an Improvement Agreement, and Faithful Performance and Labor& Materials bonds in the following amounts: Faithful Performance Bond $477,700 Labor and Material Bond $477,700 Copies of the agreement and bonds are available in the city clerk's office As well, the Consent and Page 61 Waiver to Annexation forms signed by the developer are on file in the city clerk's office. Further, a review by staff indicates that the public street right-of-way as shown on Tract Map 2203 recorded in 1930 is in excess of that required by the General Plan. After review of this excess right-of- way, it was determined that there it is no longer necessary for current or future right-of-way needs. Streets and Highways Code Section 8334 allows local agencies to summarily vacate rights-of-way when they are found to no longer be necessary for current or future public purposes. Therefore, the applicant is requesting that the City Council summarily vacate the approximately 7' wide by 371' long by offer of dedication as described in the attached resolution. FISCAL IMPACT: The proposed annexations would satisfy the conditions of approval for the development and supply additional annual revenue into the lighting and landscape maintenance districts in the following amounts: Landscape Maintenance District No. 3B: $1,298.30 Street Lighting District No. 1: $163.48 Street Lighting District No. 6: $236.44 Further, the development would construct four street lights that will be maintained by the City and install thirty-three trees maintained by property owner. COUNCIL GOAL(S) ADDRESSED: Enhancing premier community status through the construction of high quality public improvements. ATTACHMENTS: Description Attachment 1 - Vicinity Map Attachment 2 - Resolution LMD 3B Attachment 3 - Resolution SLID 1 Attachment 4 - Resolution SLID 6 Attachment 5 - Resolution Vacation Page 62 ATTACHMENT 1 DRC2018-00711 Vicinity Map NOT TO SCALE 99 GUS MGM L A N Page 63 ATTACHMENT 2 RESOLUTION NO. XX - XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL INDUSTRIAL) FOR DRC2018-00711 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscape and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "Act", said special maintenance district known and designated as Landscape Maintenance District No. 3B (Commercial Industrial) (the "District"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California ("Article XIII D") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the "Territory") be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and Resolution No. XXX-XXX— Page 1 of 5 Page 64 WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that: (1) The proportionate special benefit derived by each parcel in the Territory from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements; (2) The proposed annual assessment does not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Territory. (3) Only the special benefits derived or to be derived by each parcel in the Territory from the Improvements have been included in the proposed annual assessment. WHEREAS, at this time the City Council desires to order the annexation of the Territory to the District and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are true and correct. SECTION 2: The City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. c. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation the Territory to the District, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C. SECTION 4: All future proceedings of the District, including the levy of all assessments, shall be applicable to the Territory. PASSED, APPROVED, AND ADOPTED this 4t" day of March, 2020. Resolution No. XXX-XXX— Page 2 of 5 Page 65 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: CENTER AVENUE INDUSTRIAL LLC The legal description of the Property is: ALL THAT PORTION OF LOT 2 OF TRACT NO. 2203, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA. LYING WEST OF A LIN DRAWN PARALLEL WITH AND DISTANT 510 FEET EAST OF THE EAST LINE OF CENTI:R AVENUE AND LYING SOUTH GF A LINE DRAWN PARALLEL WITH AND DISTANT 688 FEET SOUTH AS MEASURED FROM THE SOUTH LIN OF 8TH STREET (FORMERLY KNOWN AS HUMBOLDT AVENUE), AS PER MAP RECORDED IN BOOK 34, PAGE(S) 65, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcels Numbers of the Property: 0209-251-10-0000 Resolution No. XXX-XXX — Page 3 of 5 Page 66 Exhibit B Description of the District Improvements Fiscal Year 2019/20 Landscape Maintenance District No. 3B (Commercial Industrial): Landscape Maintenance District No. 3B (Commercial Industrial) (the "Maintenance District") represents landscape sites throughout the Commercial/Industrial Maintenance District. The various landscape sites that are maintained by this district consist of median islands, parkways, street trees and entry monuments. Proposed additions to the Improvements for Project DRC2018-00711: Resolution No. XXX-XXX— Page 4 of 5 Page 67 Exhibit C Proposed Annual Assessment Fiscal Year 2019/20 Landscape Maintenance District No. 313 (Commercial Industrial): The rate per Equivalent Benefit Unit (EBU) is $282.24 for the fiscal year 2019/20. The following table summarizes the assessment rate for Landscape Maintenance District No. 3B (Commercial Industrial) for DRC2018-00711: EBU Rate per Land Use Basis Factor* EBU* Non-Residential Acre 1.00 $282.24 The proposed annual assessment for the property described in Exhibit A is as follows: 4.60 Acres x 1 EBU Factor x $282.24 Rate per EBU = $1298.30 Annual Assessment Resolution No. XXX-XXX— Page 5 of 5 Page 68 ATTACHMENT 3 RESOLUTION NO. XX - XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) FOR DRC2018-00711 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscape and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "Act", said special maintenance district known and designated as Street Light Maintenance District No. 1 (Arterial Streets) (the "District"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California ("Article XIII D") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the "Territory") be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and Resolution No. XX-XXX— Page 1 of 5 Page 69 WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that: (1) The proportionate special benefit derived by each parcel in the Territory from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements; (2) The proposed annual assessment does not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Territory. (3) Only the special benefits derived or to be derived by each parcel in the Territory from the Improvements have been included in the proposed annual assessment. WHEREAS, at this time the City Council desires to order the annexation of the Territory to the District and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are true and correct. SECTION 2: The City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. C. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation the Territory to the District, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C. SECTION 4: All future proceedings of the District, including the levy of all assessments, shall be applicable to the Territory. PASSED, APPROVED, AND ADOPTED this 4t" day of March, 2020. Resolution No. XX-XXX— Page 2 of 5 Page 70 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: CENTER AVENUE INDUSTRIAL LLC The legal description of the Property is: ALL THAT PORTION OF LOT 2 OF TRACT NO. 2203, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA. LYING WEST OF A LIN DRAWN PARALLEL WITH AND DISTANT 510 FEET EAST OF THE EAST LINE OF CENTI:R AVENUE AND LYING SOUTH GF A LINE DRAWN PARALLEL WITH AND DISTANT 688 FEET SOUTH AS MEASURED FROM THE SOUTH LIN OF 8TH STREET (FORMERLY KNOWN AS HUMBOLDT AVENUE), AS PER MAP RECORDED IN BOOK 34, PAGE(S) 65, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcels Numbers of the Property: 0209-251-10-0000 Resolution No. XX-XXX— Page 3 of 5 Page 71 Exhibit B Description of the District Improvements Fiscal Year 2019/20 Street Light Maintenance District No. 1 (Arterial Streets): Street Light Maintenance District No. 1 (Arterial Streets) (the "Maintenance District") is used to fund the maintenance and/or installation of street lights and traffic signals located on arterial streets throughout the City. These sites consist of several non-contiguous areas throughout the City. The sites maintained by the district consist of street lights on arterial streets and traffic signals on arterial streets within the rights-of-way or designated easements of streets dedicated to the City. Proposed additions to the Improvements for Project DRC2018-00711: NONE Resolution No. XX-XXX— Page 4 of 5 Page 72 Exhibit C Proposed Annual Assessment Fiscal Year 2019/20 Street Light Maintenance District No.1 (Arterial Streets): The rate per Equivalent Benefit Unit (EBU) is $17.77 for the fiscal year 2019/20. The following table summarizes the assessment rate for Street Light Maintenance District No.1 (Arterial Streets) for DRC2018-00711: EBU Rate per Land Use Basis Factor* EBU* Single Family Residential Parcel 1.00 $17.77 Multi-Family Residential Parcel 1.00 17.77 Non-Residential Acre 2.00 17.77 The proposed annual assessment for the property described in Exhibit A is as follows: 4.60 Parcels x 2 EBU Factor x $17.77 Rate per EBU = $ 163.48 Annual Assessment Resolution No. XX-XXX— Page 5 of 5 Page 73 ATTACHMENT 4 RESOLUTION NO. XX - XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 6 (COMMERCIAL INDUSTRIAL) FOR DRC2018-00711 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscape and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "Act", said special maintenance district known and designated as Street Light Maintenance District No. 6 (Commercial Industrial)(the "District"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California ("Article XIII D") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the "Territory") be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and Resolution No. XX-XXX— Page 1 of 5 Page 74 WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that: (1) The proportionate special benefit derived by each parcel in the Territory from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements; (2) The proposed annual assessment does not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Territory. (3) Only the special benefits derived or to be derived by each parcel in the Territory from the Improvements have been included in the proposed annual assessment. WHEREAS, at this time the City Council desires to order the annexation of the Territory to the District and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are true and correct. SECTION 2: The City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. c. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation the Territory to the District, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C. SECTION 4: All future proceedings of the District, including the levy of all assessments, shall be applicable to the Territory. PASSED, APPROVED, AND ADOPTED this 41" day of March, 2020. Resolution No. XX-XXX— Page 2 of 5 Page 75 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: CENTER AVENUE INDUSTRIAL LLC The legal description of the Property is: ALL THAT PORTION OF LOT 2 OF TRACT NO. 2203, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA. LYING WEST OF A LIN DRAWN PARALLEL WITH AND DISTANT 510 FEET EAST OF THE EAST LINE OF CENTI:R AVENUE AND LYING SOUTH GF A LINE DRAWN PARALLEL WITH AND DISTANT 688 FEET SOUTH AS MEASURED FROM THE SOUTH LIN OF 8TH STREET (FORMERLY KNOWN AS HUMBOLDT AVENUE), AS PER MAP RECORDED IN BOOK 34, PAGE(S) 65, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcels Numbers of the Property: 0209-251-10-0000 Resolution No. XX-XXX— Page 3 of 5 Page 76 Exhibit B Description of the District Improvements Fiscal Year 2019/20 Street Light Maintenance District No. 6 (Commercial Industrial): Street Light Maintenance District No. 6 (the "Maintenance District") is used to fund the maintenance and/or installation of street lights and traffic signals located on commercial and industrial streets throughout the City but excluding those areas already in a local maintenance district. Generally, this area encompasses the industrial area of the City south of Foothill Boulevard The sites maintained by the district consist of street lights on industrial or commercial streets and traffic signals (or a portion thereof) on industrial or commercial streets generally south of Foothill Boulevard. Proposed additions to the Improvements for Project DRC2018-00711: 4 new LED street lights Resolution No. XX-XXX— Page 4 of 5 Page 77 Exhibit C Proposed Annual Assessment Fiscal Year 2019/20 Street Light Maintenance District No. 6 (Commercial Industrial): The rate per Equivalent Benefit Unit (EBU) is $51.40 for the fiscal year 2019/20. The following table summarizes the assessment rate for Street Light Maintenance District No. 6 (Commercial Industrial) for DRC2018-00711: EBU Rate per Land Use Basis Factor* EBU* Commercial/ Industrial Acre 1.00 $51.40 The proposed annual assessment for the property described in Exhibit A is as follows: 4.60 Acres x 1 EBU Factor x $51.40 Rate per EBU = $236.44 Annual Assessment Resolution No. XX-XXX— Page 5 of 5 Page 78 ATTACHMENT 5 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA SUMMARILY ORDERING THE STREET VACATION OF EXCESS RIGHTS-OF-WAY ON THE EAST SIDE OF CENTER AVENUE ALONG APN 0209-251-10-0000 WHEREAS, by Chapter 4, Article 1 , Section 8334, of the Streets and Highway Code, the City Council of the City of Rancho Cucamonga is authorized to summarily vacate those portions of the City Streets hereinafter more particularly described; and WHEREAS, the City of Rancho Cucamonga staff found and determined that the summary vacation of the subject rights herein contemplated conformity to the City's General Plan; and WHEREAS, the City Council found all the evidence submitted that the subject rights located at 9063 Center Avenue, northeast corner of Center Avenue and 7t" Street, are unnecessary for present or prospective public purposes NOW, THEREFORE BE IT RESOLVED by the City Council of Rancho Cucamonga as follows: SECTION 1: That the City Council of the City of Rancho Cucamonga hereby makes its order vacating the excess offer of dedication, as shown on map V-240, on file in the office of the City Clerk of the City of Rancho Cucamonga, which have been further described in the legal description which is attached hereto, marked Exhibit "A" and shown on Exhibit "B" and by reference made a part thereof. SECTION 2: That the subject vacation shall be subject to the reservations and exceptions, if any, for existing utilities on record. SECTION 3:That from and after the date the resolution is recorded, said excess offer of dedication no longer constitute a City right. SECTION 4:That the City Clerk shall cause a certified copy of this resolution to be recorded in the office of the County Recorder of San Bernardino County, California. SECTION 5: That the City Clerk shall certify to the passage and adoption of this resolution, and it shall thereupon take effect and be in force. Page 79 CITY OF RANCHO CUCAMONGA DATE: March 4, 2020 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Elisa Cox, Deputy City Manager Fabian Villenas, Principal Management Analyst SUBJECT: CONSIDERATION OF RESOLUTION NO. 2020-012 TEMPORARILY CLOSING PORTIONS OF THOROUGHBRED AND JENNET STREETS, WEST OF SAPPHIRE STREET AND EAST OF TURQUOISE AVENUE, AND A PORTION OF TURQUOISE AVENUE BETWEEN JENNET AND THOROUGHBRED STREETS, TO PEDESTRIAN TRAFFIC DURING THE AREA'S 2020 HOLIDAY LIGHT DISPLAY. RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 2020-012, temporarily closing portions of Thoroughbred and Jennet streets, west of Sapphire Street and east of Turquoise Avenue, and a portion of Turquoise Avenue between Jennet and Thoroughbred streets, to pedestrian traffic during the area's 2020 Holiday Light Display. BACKGROUND: Due to growing public safety concern, the Rancho Cucamonga Police Department (RCPD) had in 2017 recommended that the City transition the Holiday Light Display into a Drive-Thru Only experience by limiting pedestrian traffic during peak times. At its April 5, 2017 meeting, the City Council conducted 1st reading of Ordinance No. 904 adding Section 10.40.040 to RCMC "Regarding Violations of Temporary Street Closures." The City Council also adopted Resolution No. 17-027 temporarily closing portions of Thoroughbred and Jennet Streets to pedestrians from 5:00 p.m. to 11 :00 p.m. during the two-week period prior to Christmas Day 2017. The transition to Drive-Thru Only was successful, effectively minimizing the dangerous crowded conditions and the negative effects on surrounding neighborhoods. For the subsequent 2018 and 2019 holiday seasons, the City Council had again provided direction to move forward with RCPD's recommendation that the Drive-Thru Only Ordinance be implemented. At its February 19, 2020 meeting, the City Council received a presentation by RCPD regarding the successful implementation of the Drive-Thru Only Ordinance for the 2019 holiday season. Drive-Thru Only was implemented on December 6-8, 2019 and December 13-24, 2019 from 5 to 11 p.m., limiting pedestrian access during these peak times due to unsafe conditions. As part of the presentation, RCPD recommended that the same approach be implemented for the upcoming 2020 holiday season: Drive-Thru Only would be implemented December 4-6, 2020 and December 11-24, 2020. This would provide 7 days in December for pedestrians to visit the Holiday Lights Display (December 1-3 and December 7-10). Page 80 ANALYSIS: The attached resolution includes all the previous provisions, including allowing pedestrian access for residents (those who live within the "loop") and their guests. Drive-Thru Only will be implemented December 4-6 and December 11-24, 2020 from 5:00 p.m. to 11:00 p.m. All other days in December 2020 will be open to both pedestrians and vehicles. FISCAL IMPACT: In order to properly staff their response, RCPD utilized approximately 1,975 hours in sworn personnel. The estimated final cost for RCPD's response is approximately $132,452. It is anticipated that costs for the 2020 holiday season will be similar. COUNCIL GOAL(S) ADDRESSED: The item addresses City Council Goal PUBLIC SAFETY: Transitioning to a Drive-Thru Only experience will address the critical public safety concerns previously identified. ATTACHMENTS: Description Resolution No. 2020-012 Page 81 RESOLUTION NO. 2020-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA TEMPORARILY CLOSING PORTIONS OF THOROUGHBRED AND JENNET STREETS, WEST OF SAPPHIRE STREET AND EAST OF TURQUOISE AVENUE, AND A PORTION OF TURQUOISE AVENUE BETWEEN JENNET AND THOROUGHBRED STREETS, TO PEDESTRIAN TRAFFIC DURING THE AREA'S HOLIDAY LIGHT DISPLAY AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals 1. The elaborate display of holiday lights and decorations by residents of Thoroughbred and Jennet Streets, west of Sapphire Street and east of Turquoise Avenue, and Turquoise Avenue between Thoroughbred and Jennet Streets, during the month of December (the "Holiday Light Display") is an example of the community's holiday spirit, hard work, and creativity, which has grown over the last thirty years into one of the largest holiday light displays in Southern California, drawing viewers from across the region. 2. In recent years, however, the popularity of the Holiday Light Display has led to a surge in vehicular and pedestrian traffic, particularly on and around portions of Thoroughbred and Jennet Streets and Turquoise Avenue, resulting in a variety of negative impacts that threaten the health, safety, and welfare of members of the public. 3. At the regularly scheduled City Council meeting on February 19, 2020, the City Council received evidence concerning the negative impacts and dangerous conditions created by the Holiday Light Display prior to the adoption of this Resolution. 4. All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution NOW THEREFORE, the Rancho Cucamonga City Council does hereby find, determine, conclude, and resolve as follows: 1. Based on evidence presented to the City Council at the above-referenced meeting on February 19, 2020, the City Council finds as follows: a. All facts set forth in Part A, Recitals, of this Resolution are true and correct. b. Thoroughbred and Jennet Streets and Turquoise Avenue are narrow, two-lane, residential streets with no sidewalks, which are not intended to handle substantial amounts of vehicular or pedestrian traffic. C. An estimated 5,000 to 9,000 vehicles travel through these streets each day during the busiest periods of the Holiday Light Display, in addition to pedestrians who park in neighboring communities and walk into the area. 1 Page 82 d. Traffic during the Holiday Light Display has increased to where the average wait time to enter can reach approximately two hours, followed by an additional hour and a half to travel through the streets. On busy evenings, traffic can back up to the 210 Freeway, approximately one mile away. e. Large trucks, hot rods, and tour buses, which are normally uncommon on Thoroughbred and Jennet Streets and Turquoise Avenue, have been increasingly common in the area during the Holiday Lights Display, which creates additional dangers for pedestrians because they tend to take up larger portions of the road and require additional skill and attention to safely maneuver. f. The exceedingly high number of vehicles and presence of larger- than normal vehicles in the area results in noise and air pollution to pedestrians and surrounding residents. g. Traffic and safety problems are exacerbated by the large volume of pedestrians in the street, causing vehicles to slow, stop, or idle to avoid collisions. At any one time, as many as 5,000 pedestrians are in the roadway. h. Due to the absence of sidewalks on Thoroughbred and Jennet Streets and Turquoise Avenue, pedestrians mainly travel in the roadway, which creates a danger both to pedestrians and those traveling in vehicles. i. Pedestrians have been routinely observed traversing back and forth across the street to view the holiday displays. At the same time, drivers are distracted by the holiday displays. With drivers and pedestrians both distracted the potential for an accident involving a pedestrian substantially increases. j. The Holiday Light Display attracts many families with young children to the area. In some instances, children have been observed wandering unsupervised. Children are therefore at increased risk of being hit by a vehicle while walking in the street. k. Pedestrians frequently visit the Holiday Light Display expecting to find public restrooms. As no public restrooms are located nearby, pedestrians have been identified using nearby horse trails and dark residential areas to urinate, defecate, and discard hazardous waste. I. The Chief of Police and Fire Chief have determined that, due to increased vehicle and pedestrian traffic during the Holiday Light Display and limited street capacity, emergency personnel might not be able to safely and timely respond to potential emergencies in the surrounding community. M. The negative impacts and dangerous conditions created by the Holiday Light Display would be mitigated if the affected portions of Thoroughbred and Jennet Streets and Turquoise Avenue were temporarily closed to pedestrian traffic during the Holiday Light Display. In the absence of pedestrians, vehicular traffic flow would improve and emergency vehicles would have improved access because they could pass 2 Page 83 on either side of the one-way vehicular traffic. Furthermore, potential accidents involving vehicles and pedestrians would be reduced. n. Vehicle Code Section 21101(e) authorizes the City, to act by resolution, to temporarily close a portion of any street for celebrations, parades, local special events, and other purposes when, in the opinion of the City Council, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing. o. The Holiday Light Display, although not City sponsored, constitutes a local special event for the purposes of Vehicle Code Section 21101(e). 2. Based on the facts set forth in the preceding Section 1 of this Resolution and all available information, the City Council hereby finds that the temporary closure of portions of Thoroughbred and Jennet Streets and Turquoise Avenue to pedestrian traffic, except for residents of the homes within the affected area and their guests, during the Holiday Light Display is necessary for the safety and protection of persons who are to use the streets during the Holiday Light Display. 3. Based on the finding made in the preceding Section 2 of this Resolution and pursuant to California Vehicle Code Section 21101(e), the City Council hereby closes those portions of Thoroughbred and Jennet Streets west of Sapphire Street and east of Turquoise Avenue and Turquoise Avenue between Jennet and Thoroughbred Streets (as identified on Exhibit A, attached hereto and incorporated herein by this reference) to all pedestrian traffic except for residents of the homes on the affected streets and their guests from 5:00 p.m. to 11:00 p.m. from December 4 to December 6, 2019 and from December 11 to December 24, 2020. 4. The Chief of Police, in consultation with the City Engineer or designee, shall erect or cause to be erected and maintained sufficient temporary signs, barriers, and other temporary traffic control devices, to preclude pedestrians from traversing those portions of Thoroughbred and Jennet Streets as shown on Exhibit A, except to residents, during the closure period. 5. This resolution is exempt from the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section 15301(c), existing facilities. Thoroughbred and Jennet streets and Turquoise Avenue are existing streets and the proposed temporary closure of those streets during the Holiday Light Display constitutes a minor change in their operation. The temporary street closure will only affect a portion of Thoroughbred and Jennet streets between Sapphire Street and Turquoise Avenue and Turquoise Avenue between Jennet and Thoroughbred streets during a select number of days and for a limited period of time between 5:00 p.m. and 11:00 p.m. Residents of the affected portions of the streets will continue to have access to their homes at all times and the streets will continue to be accessible by car. Due to the significant vehicular and pedestrian traffic impacts during the Holiday Light Display, the temporary closure is anticipated to reduce an existing significant traffic and safety impact in a portion of the City. 3 Page 84 6. The City Clerk shall certify to the adoption of this Resolution PASSED, APPROVED, AND ADOPTED this day of 2020. AYES: NOES: ABSENT: ABSTAINED: L. Dennis Michael Mayor ATTEST: Janice C. Reynolds City Clerk I, Janice C. Reynolds, City Clerk, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a Regular Meeting of said Council held on March 5, 2020. Executed this day March 5, 2020 at Rancho Cucamonga, California. Janice C. Reynolds City Clerk 4 Page 85 ti i 1 , w ' _ o -� CO 1 \ w Pi 0 o - 10 73X 32J0 � -� - > _ Q 13 XOd Lu o ti Q _ 1 3nvooro -� �1 _4 C- W -i - 5 Page 86 CITY OF RANCHO CUCAMONGA DATE: March 4, 2020 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Linda A. Troyan, MMC, City Clerk Services Director SUBJECT: RECEIVE AND FILE COMMISSION/COMMITTEE/BOARD ATTENDANCE REPORT FOR 2019. RECOMMENDATION: Staff recommends the City Council receive and file the Commission/Committee/Board Attendance Report for 2019. BACKGROUND: At the December 15, 2017 City Council meeting, the City Council adopted Resolution No. 17-120 establishing a meeting attendance policy for City Council appointed Boards, Commissions, and Committees. Attached is a copy of Resolution No. 17-120. ANALYSIS: In accordance with Resolution No. 17-120, a yearly attendance report is to be provided to the City Council each year. Attached is the yearly attendance report for 2019. FISCAL IMPACT: Not Applicable. COUNCIL GOAL(S) ADDRESSED: Not Applicable. ATTACHMENTS: Description Resolution No. 17-120 Attendance Report Page 87 RESOLUTION NO. 17-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING A MEETING ATTENDANCE POLICY FOR CITY COUNCIL APPOINTED BOARDS, COMMISSIONS, COMMITTEES AND FOUNDATIONS WHEREAS, the City Council from time to time establishes Advisory Committees to the City Council to review certain community issues, solicit community input, and provide advisory recommendations to the City Council; and WHEREAS, the City of Rancho Cucamonga has an exceptional pool of talented residents that are willing to contribute their time and efforts on committees to help make their city a place to live, work and enjoy; and WHEREAS, the City Council appoints members to the following: the Community and Arts Foundation, Design Review Committee, Library Board of Trustees, Library Foundation Board, Planned Community Citizens Oversight Committee, Parks and Recreation Commission, Planning/Historic Preservation Commission, West Side Citizens Oversight Committee, and the Public Art Committee. WHEREAS, the City Council anticipates that members appointed to the City's Boards, Commissions, Committees and Foundations will make every reasonable effort to attend all meetings of their respective Boards, Commissions, Committees and Foundations, to be prepared to discuss matters on their respective agendas. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, City Boards, Committees, Commissions and Foundations appointed by the City Council adhere to the following meeting attendance policy: Attendance Requirements 1. A Board, Commission, Committee or Foundation member shall be required to attend 66% percent of regularly scheduled meetings during a calendar year. For persons not serving for an entire calendar year, the 66% attendance requirement shall apply to meetings held during the portion of the year during which the person served. 2. A member of a Board, Commission, Committee or Foundation absent from 33% or more of the regularly scheduled meetings of such body, in a calendar year, may be terminated by the City Council. 3. Absence rates will be calculated based on a one-year period, beginning on January 1 st of each year and ending on December 31 st of the following year. 4. If a member arrives more than 30 minutes after the start of a meeting, they will be counted as absent for purposes of attendance at the meeting 5. A Member who cannot attend a Regularly Scheduled Meeting is required to inform the Board, Commission, Committee or Foundation staff liaison 48 hours prior to the meeting, except in emergency situations. RESOLUTION NO. 17-120 - Page 1 of 3 6. When an absence by a member occurs after the posting of the agenda, which results in lack of a quorum and therefore, cancellation of the meeting, the attendance of Boards, Commissions, Committees and Foundations for the noticed meeting will be recorded on the attendance report, noting who could or could not have made the meeting. Leaves of Absence for Members. 1. Any member who feels that unique circumstances (family or medical reasons) may lead to numerous absences, can request a leave of absence. 2. The member must submit to the City Clerk a request for a leave of absence. 3. Members may request a leave of absence from the position for up to 6 months in a 12-month period. Attendance Reports Required Annually. 1. Department Director or staff liaisons to appointed Boards, Commissions, Committees and Foundations shall monitor attendance requirements for non-compliance and send a letter to any member who is in danger of violation of the attendance requirement, asking them to be mindful of said requirement. 2. In December of each year, the secretary for each Board, Commission, Committee or Foundation shall prepare a written report of attendance, noting the number of meetings attended, regular and special meetings, meetings missed, and a delineation of 33% percent or more absences of members for the calendar year. The report shall be delivered to the City Clerk no later than December 30th of each year. The City Clerk shall forward the report to the Mayor and City Councilmembers in January. 3. Prior to the annual attendance report being submitted for City Council review, the Department Director or liaison shall provide the report to each Board, Commission, Committee and Foundation for review and comment. 4. All applicants for Boards, Commissions, Committees and Foundations shall be notified prior to City Council appointment regarding time requirements for serving and this policy regarding removal. PASSED, APPROVED, AND ADOPTED this 20th.day of December 2017. RESOLUTION NO. 17-120 - Page 2 of 3 PASSED APPROVED AND ADOPTED this 20th day of December 2017. r Den s Michael, ayor ATTEST: " L Lin a,A. , oyan, City Clerk Services Director STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, LINDA A. TROYAN, City Clerk Services Director of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the 20th day of December 2017. AYES: Alexander, Kennedy, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None Executed this 21 st day of December 2017 at Rancho Cucamonga, California. a . Troyan, City Clerk Services Director RESOLUTION NO. 17-120-PAGE 3 OF 3 CITY OF RANCHO CUCAMONGA COMMISSION/COMMITTEE/BOARD ATTENDANCE REPORT (Appointed by R.C. City Council) January 2019-December 2019 4. LEGEND .= % Color a 75-100 Green 50-74 Yellow 0-49 LIBRARY BOARD OF TRUSTEES Meeting Attendance - 01/2018 - 12/31/18 The Library Board of Trustees is an administrative board with oversight of the Archibald Library and Paul A. Biane Library as defined in the California State Education Code. Name Term F #Mtgs Attend Absent % Comment Christine DeVries 08/2014- 8 6 2 75 Personal Reasons 06/2021 Janet Temkin 10/2010- 8 6 2 75 Personal Reasons 6/2020 Luella Hairston 8/2018- 8 8 0 100 6/2022 Mary Hannah 10/2017- 8 8 0 100 6/2021 Kristen Murrieta- 12/2018- 8 8 0 100 Morales 6/2022 PLANNED COMM. CITIZENS OVERSIGHT Meeting Attendance- 01/2019 -03/25/19 CMTE Committee provides oversight of the revenues received from properties located within certain LMDs through the review of annual financial audits. Members must be property owners in Landscape Maintenance Districts 2,4-R, 6-R and 7. Name Term #Mtgs Attend Absent % Comment Jaime Garcia 1/2015- 1 1 0 100 1/2023 Otis Greer 2/2018- 1 0 1 Travel for Work 2/2022 Pete Peterson 2/2016- 1 1 0 100 2/2020 Page 91 CITY OF RANCHO CUCAMONGA COMMISSION/COMMITTEE/BOARD ATTENDANCE REPORT (Appointed by R.C. City Council) January 2019-December 2019 4. LEGEND .: % Color a 75-100 Green 50-74 Yellow 0-49 WEST- SIDE CITIZENS' OVERSIGHT CMTE Meeting Attendance- 01/2019 -03/18/2019 The purpose of the Committee is to provide oversight of the revenues received from properties located within certain landscaping and street lighting districts through the review of annual financial audits. Members must be registered voters, reside and own property in PD 85, LMD 1,or SLID 2 and cannot currently serve on any other standing City Committee, Board or Commission. Name Term #Mtgs Attend Absent % Comment Denise Garzaro 6/2018- 1 1 0 100 6/2022 Theresa Marji 3/2016- 1 1 0 100 3/2020 Velma Gilbert 3/2016- 1 0 1 Unknown 3/2020 David DeMauro 03/2016- 1 1 0 100 3/2022 (COMBINED PLANNED CMTE &WEST SIDE CMTE) Meeting Attendance - 08/2019 - 12/31/19 COMMUNITY PARKS AND LANDSCAPE COMMITTEE The purpose of the Committee is to provide oversight of the revenues received from properties located within certain districts through the review of annual financial audits for any district that is mandated to have oversight from the Committee, and to communicate with property owners regarding how their community parks and landscaping are maintained and funded. The Committee shall have oversight of LMDs 1, 2, 4-R, 6-R, and 7, SLID 2, and PD-85. Name Term #Mtgs Attend Absent % Comment David Demauro 3/2016-3/2022 1 1 0 100 Jaime Garcia 1/2015- 1/2023 1 1 0 100 Denise Garzaro 6/2018-6/2022 1 1 0 100 Velma Gilbert 3/2016-3/2020 1 1 0 100 Otis Greer 2/2018-2/2022 1 1 0 100 Karen Hruby 8/2019-8/2023 1 1 0 100 Theresa Marji 3/2016-3/2020 1 0 1 Travel Issues April McAllaster 8/2019-8/2023 1 1 0 100 Lisa Morgan-Perales 8/2019-8/2023 1 1 0 100 Pete Peterson 2/2016- 1/2020 1 1 0 100 Dave Terry 8/2019-8/2023 1 1 0 100 Page 92 CITY OF RANCHO CUCAMONGA COMMISSION/COMMITTEE/BOARD ATTENDANCE REPORT (Appointed by R.C. City Council) January 2019-December 2019 4. LEGEND % Color a 75-100 Green 50-74 Yellow 0-49 PLANNING/HISTORIC PRESERVATION Meeting Attendance—01/2019 - 12/31/19 COMMISSION The Planning Commission's role is to review and make decisions on various land use applications such as, but not limited to, Conditional Use Permits, Development/Design Reviews, Entertainment Permits, Subdivisions (tentative tract and tentative parcel maps), and Variances.The Commission also makes recommendations to the City Council regarding amendments to the General Plan, Development District/Zoning,and the Development Code.They will also review and make recommendations on new ordinances, land use determinations, and other matters of public interest. Name Term #Mtgs Attend Absent % Comment Tony Guglielmo 12/2017-12/2021 19 19 0 100 i u M6ROZ 0212006-101201A 4-9 4-9 a 4-W Resigned 10/31/19 Francisco Oaxaca 12/2009-12/2021 19 17 2 89 Personal Reasons Ray Wimberly 712007_1012019 4-9 4-7 2 9-9 Resigned 10/31/19 Bryan Dopp 11/2018-12/2023 19 19 0 100 Tony Morales 11/2019-12/2023 3 3 0 100 Appointed 11/06/19 Diane Williams 11/2019-12/2023 3 3 0 100 Appointed 11/06/19 PUBLIC ART COMMITTEE Meeting Attendance—01/2019 - 12/31/19 The duties of the Public Art Committee are to advise the City Council regarding the selection, purchase, placement, and maintenance of art installed by the City or on City property, and expenditures from the City of Rancho Cucamonga Public Art Trust Fund. Name Term #Mtgs Attend Absent % Comment Linda Bryan 12/2017-02/2021 3 2 1 67 Personal Reason John L. Machado 12/2017-12/2021 3 3 0 100 Reappointed i - 54--AA;z 021POIA 1=019 3 g IQQ Resigned 10/31/19 Leslie Matamoros 12/2017-12/2021 3 3 0 100 Reappointed 1 aure Verd.-Ige 12,Q017 4747049 g 2 T 67 Personal Reason; Term expired Page 93 CITY OF RANCHO CUCAMONGA DATE: March 4, 2020 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Anne McIntosh, AICP, Planning Director Jennifer Nakamura, Management Analyst II SUBJECT: PUBLIC HEARING OF THE CITY OF RANCHO CUCAMONGA TO CONSIDER AND CONDUCT FIRST READING AND INTRODUCE AN ORDINANCE AMENDING TITLE 17 OF THE MUNICIPAL CODE TO AMEND STANDARDS FOR ACCESSORY DWELLING UNITS IN COMPLIANCE WITH STATE LAW. THIS ITEM IS EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND THE CITY'S CEQA GUIDELINES UNDER CEQA SECTION 15282(H). RECOMMENDATION: Planning Commission and staff recommend the City Council conduct first reading of Ordinance No. 966, amending the requirements and standards for Accessory Dwelling Units (ADU's) and Junior Accessory Dwelling Units (JADU's), consistent with State Law. BACKGROUND: Rancho Cucamonga has permitted second dwelling units since the State first adopted regulations in 1982. Over the years, these regulations have been amended as needed to be consistent with State law. In 2016, the State legislature passed three bills related to ADU's: Senate Bill (SB) 1069, Assembly Bill (AB) 2299 and AB 2406, which effectively nullified the City's existing Second Dwelling Unit chapter of the Development Code (17.100). In 2018, the City Council adopted Ordinance No. 938, revising Chapter 17.100 to be consistent with state law. In 2019, the State legislature passed five bills further impacting local regulation of ADUs; Assembly Bill (AB) 881, AB 68, AB 587, AB 670 and Senate Bill (SB) 13. • AB 881 and AB 68 impose additional restrictions on the types of development standards, use restrictions, and fees that cities may apply to ADU's and JADU's, and to further streamline the application approval process. • SB 13 allows ADU owners to request a delay in enforcement of certain building code violations, provided that the correction of the violation is not necessary for health and safety. • AB 587 authorizes cities to allow a deed-restricted, affordable ADU built or developed by a nonprofit to be sold separately from the primary residence. • AB 670 makes unlawful any covenant, condition or restriction that would prohibit or unreasonably Page 94 restrict an ADU or JADU on a single-family residential lot. All these bills became effective, January 1, 2020. AB 881 and AB 68 specifically affect current ADU regulations in the Development Code and must be amended. On January 22, 2020, the Planning Commission conducted a public hearing on the proposed changes. Resolution 20-08 was adopted unanimously, recommending that the City Council adopt the proposed amendments. ANALYSIS: The City Attorney's office has drafted a set of revisions to our current ADU regulations to ensure our regulations are consistent with the revisions to state law. These revisions include: Reduction in permitting time from 120 days to 60 days. • Permitting a JADU as well as an ADU on the same lot. A single family lot may now have the main unit, one JADU and one ADU. A multi family lot is permitted to add one JADU and one ADU. • Eliminating the minimum lot size requirement for an ADU or JADU. • Eliminating lot coverage requirements to permit an ADU of up to 800 square feet on a lot. • Reducing the minimum setback for ADU of up to 800 square feet from 5 feet to 4 feet. • Eliminating the replacement of garage parking spaces in an ADU garage conversion with off street parking space, such as a driveway. • Suspending the owner-occupancy requirement for one of the units on the property until 2025. Environmental Assessment: The Planning Department Staff has determined that the project is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under Section 15282(h) of CEQA which establishes a statutory exemption for the adoption of an ordinance regarding second units in a single-family or multi-family residential zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code pertaining to ADUs. The proposed code amendment is consistent with this exemption. Facts for Finding: Per Section 17.22.040 of the Development Code, amendments to the code may be approved only when the City Council finds that the Development Code amendment is consistent with the General Plan goals, policies, and implementation programs. General Plan Housing Goal HE-1 promotes the creation of new opportunities that enable a broad range of housing types, maintain a balanced supply of ownership and rental units, and provide sufficient numbers of dwelling units to accommodate expected new household formations. The development of accessory dwelling units provides an opportunity for additional development of low- and moderate-income housing. General Plan Land Use Goal LU-1.1 encourages the protection of neighborhoods from the encroachment of incompatible activities or land uses that may have a negative impact on the residential living environment. The standards proposed are designed to minimize impacts to surrounding and existing residential neighborhoods while ensuring compliance with state law. FISCAL IMPACT: The residential properties within the City are currently assessed an annual property tax. A percentage of this annual tax is shared with the City. The development of accessory dwelling units will increase the value of the property on which it is constructed, and the City's annual share of the property tax will increase accordingly. Page 95 COUNCIL GOAL(S) ADDRESSED: The proposed amendment does not specifically address a council goal but is necessary to comply with State law. ATTACHMENTS: Description Attachment 1 - Ordinance No. 966 Page 96 ORDINANCE NO. 966 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE TO REVISE REGULATIONS REGARDING ACCESSORY DWELLING UNITS, AND FINDING THE ORDINANCE TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Recitals. A. Effective January 1, 2020, Senate Bill 13 ("SB 13"), Assembly Bill 68 ("AB 68"), and Assembly Bill 881 ("AB 881") amend Government Code Sections 65852.2 and 65852.22 to further limit the standards cities may impose on accessory dwelling units ("ADUs") and junior accessory dwelling units ("JADUs"). This Ordinance updates the City's local standards to comply with the revisions to State law. B. The Planning Commission considered this Ordinance on January 22, 2020, at a duly noticed public hearing, as prescribed by law, at which time City staff and interested persons had an opportunity to and did testify either in support of or against this matter. C. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 20-08, recommending approval of the Ordinance by the City Council. D. The City Council, at a regular meeting, considered the Ordinance on February 26, 2020, at a duly noticed public hearing, as prescribed by law, at which time City staff and interested persons had an opportunity to and did testify either in support or against this matter. E. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council. F. Based upon the substantial evidence presented to the City Council during the above-referenced public hearing, this Council hereby finds and concludes that the changes proposed to Title 17 (Development Code) in the amendment are consistent with the General Plan goals, policies and implementation programs. General Plan Housing Goal HE-1 promotes the creation of new opportunities that enable a broad range of housing types, maintain a balanced supply of ownership and rental units, and provide Page 97 sufficient numbers of dwelling units to accommodate expected new household formations. The development of accessory dwelling units provides an opportunity for additional development of low- and moderate-income housing. General Plan Land Use Goal LU-1.1 encourages the protection of neighborhoods from the encroachment of incompatible activities or land uses that may have a negative impact on the residential living environment. The standards proposed in this Ordinance are designed to minimize impacts to surrounding and existing residential neighborhoods while ensuring compliance with State law. G. All legal prerequisites to the adoption of this Ordinance have occurred. Section 2. Section 17.126.020 (Universal Definitions) is hereby amended by adding a definition of "Unit, junior accessory dwelling or JADU' as follows, with all other definitions to remain unchanged: "Unit, junior accessory dwelling or JADU, means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure." Section 3. Chapter 17.100 (Accessory Dwelling Units) of Article V (Specific Use Requirements) of Title 17 (Zoning) of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: "Chapter 17.100 ACCESSORY DWELLING UNITS 17.100.010 Purpose. The purpose of this chapter is to establish development standards for the construction and operation of accessory dwelling units in a manner that is consistent with the requirements of state law. 17.100.020 Applicability. The provisions of this chapter apply to all lots that are zoned to allow single-family or multi-family use. Accessory dwelling units shall be deemed to be an accessory residential use, which is consistent with the existing General Plan and zoning designations for the lot. The addition of an accessory dwelling unit shall not be considered to exceed the allowable density of the lot upon which such unit is proposed to be established. 17.100.030 Approval required. A. Except for applications submitted pursuant to Section 17.100.040, an application for an accessory dwelling unit shall be reviewed for compliance with the provisions of this section through the plan check/zoning clearance process. Page 98 B. The application shall be approved or denied within 60 days after the city receives the application, or in accordance with the deadline required by Government Code Section 65852.2, as that section may be amended from time to time. C. Notwithstanding any other provision of this code to the contrary, no minor exception from any requirement of this chapter shall be approved, nor shall any application for such a minor exception be accepted for processing. D. Where an application for an accessory dwelling unit or junior accessory dwelling unit is submitted with an application for a single-family dwelling or multi-family dwelling that is subject to discretionary review under this code, the accessory dwelling unit or junior accessory dwelling unit permit application will be considered separately without discretionary review or a public hearing, following the action on the portion of the project that is subject to discretionary review. E. An application for an accessory dwelling unit or junior accessory dwelling unit shall be authorized by every owner of the property that is the subject of the application. 17.100.040 Exempt projects - building permit approval process. A. An applicant shall not be required to submit an application for plan check/ zoning clearance under this chapter, and may instead seek building permit approval for an accessory dwelling unit orjunior accessory dwelling unit that satisfies the requirements of both the California Building Standards Code, as amended by the City, and Government Code Section 65852.2(e)(1), as the same may be amended from time to time, which requires the City to ministerially approve a building permit within a residential or mixed- use zone to create any of the following: 1. One accessory dwelling unit or junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply: a. The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of either an existing single-family dwelling or existing accessory structure, and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. b. The space has exterior access from the proposed or existing single-family dwelling. C. The side and rear setbacks are sufficient for fire and safety. d. The JADU complies with the requirements of Government Code Section 65852.22 and with the requirements set forth in subsection D below. 2. One detached, new construction accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a JADU Page 99 described in paragraph 1 above. The accessory dwelling unit shall be no more than 800 square feet in size, with a height limit of 16 feet. 3. One accessory dwelling unit within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. If requested, multiple accessory dwelling units shall be allowed, up to the number of accessory dwelling units that equals 25 percent of the existing multifamily dwelling units in the structure. 4. Not more than two detached accessory dwelling units located on a lot that has an existing multifamily dwelling, subject to a height limit of 16 feet and four- foot rear yard and side setbacks. B. A proposed accessory dwelling unit or JADU approved pursuant to this section shall comply with section 17.100.080 of this chapter. C. Conversion of the following structures shall not be approved pursuant to this section, but may be approved pursuant to the full requirements of this chapter: Unenclosed accessory buildings or unenclosed accessory structures, such as patios, gazebos, breezeways, carports, porte cocheres, or similar structures. D. In accordance with the standards set forth in Government Code section 65852.22, JADUs shall comply with the following requirements, unless State law is amended to set forth different standards in which case State law standards will govern: 1. A JADU shall be a minimum of 220 square feet and a maximum of 500 square feet of gross floor area. The gross floor area of a shared sanitation facility shall not be included in the maximum gross floor area of a JADU. 2. A JADU must be contained entirely within the walls of the existing or proposed single-family dwelling. 3. A separate exterior entry from the main entrance to the single-family dwelling shall be provided to serve a JADU. 4. A JADU may include separate sanitation facilities, or may share sanitation facilities with the single-family dwelling in which case the JADU shall have an interior door to allow access to the facilities in the single-family dwelling. 5. A JADU shall include an efficiency kitchen which shall include all of the following: a. a cooking facility with appliances. b. a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU. Page100 6. No additional parking is required for a JADU. 17.100.050 Local Accessory Dwelling Unit development standards. Except for applications submitted pursuant to Section 17.100.040, all accessory dwelling units shall comply with the following development standards: A. Number of units per parcel. No more than one accessory dwelling unit shall be allowed on a single lot. B. Code compliance. Accessory dwelling units shall be constructed in accordance with provisions of the latest edition of building and other codes adopted by the city unless specifically exempted in this chapter. C. Existing lot and uses. An accessory dwelling unit shall be permitted if the existing lot and dwelling, or proposed lot and dwelling, meet the following requirements: 1. The lot on which the accessory dwelling unit is proposed to be established shall contain at least one existing permanent dwelling unit or the application for the accessory dwelling unit shall be made concurrently with an application for at least one dwelling unit on the same lot; 2. The lot on which the accessory dwelling unit is proposed to be established shall not contain any existing accessory living quarters, second dwelling units, granny flats, guest houses, servant's quarters, or similar facilities, unless the proposal includes demolition or modification of such facilities so as to comply with the provisions of this section; 3. The zoning regulations for the lot allow for the development of a single- family dwelling or multi-family use. D. Facilities. The accessory dwelling unit shall have a separate entrance and shall contain kitchen and bathroom facilities separate from those of the main dwelling unit. E. Utility services. The accessory dwelling unit may be metered separately from the main dwelling unit for gas, electricity, communications, water and sewer services. F. Fire sprinklers. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. G. Size. The size of the accessory dwelling unit shall comply with the following requirements indicated in Table 17.100.050-1: TABLE 17.100.050-1 DEVELOPMENT STANDARDS FOR ACCESSORY DWELLING UNITS Accessory Dwelling Unit Type Minimum Size Maximum Size Height Attached 220 sq. ft. 50% of main dwelling Cannot exceed unit or 1,200 sq. ft., the height of the whichever is less primary structure or 16 feet, whichever is higher Detached 350 sq. ft. 1,200 sq. ft. 16 feet Page101 H. Lot coverage. Accessory dwelling units shall conform to the lot coverage requirements for the zoning district in which it is located, except where the application of the lot coverage regulations would not permit construction of an 800 square foot accessory dwelling unit that is 16 feet in height with four-foot side and rear yard setbacks. I. Setbacks. Accessory dwelling units shall comply with the following standards: 1. Accessory dwelling units shall maintain at least a 4-foot setback from the side and rear lot lines. 2. Notwithstanding the above, no setback shall be required for an accessory dwelling unit that is within an existing structure or within a structure constructed in the same location and dimensions as an existing structure. J. Parking. Parking for accessory dwelling units shall be provided as follows, in addition to the parking required for the main dwelling unit: 1. Newly constructed, detached accessory dwelling units shall provide a minimum of one parking space, unless they are exempt pursuant to subsection (5) herein. The parking space may be provided as tandem parking, in an enclosed garage, or in setback areas. 2. If parking for the accessory dwelling unit is provided in a garage which also provides parking for the main dwelling unit, the provided space(s) shall be for the exclusive use of the accessory dwelling unit. The space(s) shall be separated from any garage spaces for the main dwelling unit by a wall or other permanent barrier and shall have a separate or independent garage door. 3. The accessory dwelling unit shall utilize the same vehicular access that serves the existing main dwelling unit, unless the accessory dwelling unit has access from a public alley contiguous to the lot or is located on a corner lot for which secondary access is permitted for parking outside the street side setback. A vehicular driveway that provides access to required parking shall have a minimum width of 10 feet. 4. When a required garage, carport, or covered parking structure for the main dwelling unit is converted or demolished in conjunction with the construction of an accessory dwelling unit, replacement of parking spaces that are eliminated by the construction of the accessory dwelling unit shall not be required as long as the accessory dwelling unit remains in use as a legal accessory dwelling unit. 5. Notwithstanding subsection J.1 herein, on-site parking is not required for an accessory dwelling unit in any of the following instances: a. The accessory dwelling unit is located within a one-half mile walking distance of public transit, as that term is defined in Government Code Section 65852.2, as may be amended from time to time; b. The accessory dwelling unit is located within a historic district; c. The accessory dwelling unit is part of the existing primary residence or an existing accessory structure; d. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; or e. Where there is a car share station located within one block of the accessory dwelling unit. 17.100.060 Design standards. Page102 Except for applications submitted pursuant to Section 17.100.040, all accessory dwelling units shall comply with the following design standards: A. Exterior stairs shall not be visible from any public right-of-way, excluding alleys or trails. B. The color, material, and texture of the roof shall be substantially the same as the main dwelling unit. C. The color, material, and texture of all building walls shall be substantially the same as the main dwelling unit. D. Permitted driveways and walkways shall occupy no more than 50% of the front yard area, in compliance with Section 17.56.070. E. When a garage, carport, or covered parking structure that is visible from any public right-of-way is converted or demolished in conjunction with the construction of an accessory dwelling unit, the design shall incorporate features to match the materials, textures, trim, and landscaping of the main dwelling unit. 17.100.070 Historic buildings. A. An accessory dwelling unit proposed for a property under a Mills Act contract must comply with all Mills Act guidelines, including design conformance with the United States Secretary of the Interior Standards. 17.100.080 Ownership, rental, and occupancy requirements. A. Owner occupancy required for junior accessory dwelling units. If the property contains a junior accessory dwelling unit, one of the residential dwellings on the lot shall be occupied as the primary residence of the owner of the lot and shall not be rented or leased as long as the junior accessory dwelling unit exists, unless state law is amended to prohibit owner occupancy requirements for junior accessory dwelling units. B. Rental occupancy. Any residential unit on a lot with an accessory dwelling unit or junior accessory dwelling unit must be rented for a period exceeding 30 consecutive days. C. Sale of accessory dwelling units. Sale or ownership of an accessory dwelling unit or junior accessory dwelling unit separate from the main dwelling unit is prohibited. D. Deed restrictions. Prior to final inspection for an accessory dwelling unit or junior accessory dwelling unit, the property owner shall execute and record in the office of the county recorder a covenant setting forth the following minimum requirements, in a form and substance satisfactory to the planning department and city attorney's office: 1. The accessory dwelling unit or junior accessory dwelling unit shall not be sold or owned separately from the main dwelling unit, and the parcel upon which the unit is located shall not be subdivided in any manner that would authorize such sale or ownership; 2. If the property contains a junior accessory dwelling unit, the junior accessory dwelling unit shall be a legal unit and may be used as habitable space, only so long as either the main dwelling unit, or the junior accessory dwelling unit, Page103 is occupied by the owner of record of the property, unless state law is amended to prohibit local agencies from requiring owner-occupancy; 3. Any rental of an accessory dwelling unit or junior accessory dwelling unit shall be for a period exceeding 30 consecutive days; and 4. The restrictions shall be binding upon any successor in ownership of the property. 17.100.090 Existing nonconforming units. Accessory dwelling units, second dwelling units, granny flat or similar accessory structures that exist as of October 19, 2018 that have previously been legally established may continue to operate as legal nonconforming accessory dwelling units. Any accessory dwelling unit that exists as of the effective date of this section, and has not previously been legally established, is considered an unlawful use, unless the planning director determines that the unit meets the provisions of this section." Section 4. California Environmental Quality Act Exemption. The City Council determines that this Ordinance is exempt from environmental review under the California Environmental Quality Act, (California Public Resources Code §§ 21000, et seq., ("CEQA")and the CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.) because this zoning ordinance implements the provisions of Government Code Section 65852.2 and is therefore exempt from CEQA pursuant to Public Resources Code Section 21080.17 and California Code of Regulations Section 15282(h). To the extent that any provisions of this ordinance are not exempt pursuant to Section 15282(h), the amendments are not subject to CEQA pursuant to CEQA Guidelines Section 15061(b)(3), because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Section 5. Submittal of Ordinance. The Community Development Director, or the Director's designee, shall submit a copy of the Ordinance to the Department of Housing and Community Development within 60 days after adoption of this Ordinance. Section 6. Severability. The City Council declares that, should any provision, section, paragraph, sentence, or word of this 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 Ordinance shall remain in full force and effect. Section 7. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law. Section 8. Effective Date. This Ordinance shall take effect thirty (30) days after passage. Page104 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Rancho Cucamonga this 4th day of March, 2020. L. Dennis Michael, Mayor ATTEST: Janice C. Reynolds, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF RANCHO CUCAMONGA ) I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of , 2020, and was passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on 2020, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Janice C. Reynolds, City Clerk Page105 3 , AWL L� 1' c - .. r _ r was IV ADU Code Amendment - 3/4/2020 State Updates to ADU Legislation 0AB881 & AB68 • Development Standards • Use Restrictions • Impact Fees • SB13 _ -- • Violation enforcement relief � REGULATIONS • AB 587 • Permits sale of deed restricted affordable ADU's • AB 670 • Restricts HOA's from prohibiting ADU's/JADU's State Updates to ADU Legislation • Purpose • Make the construction of ADU's easier • Increase housing opportunities • Low- to Moderate-Income households • Benefits A - • Counts toward housing units required under RHNA H, CITY OF RANCHO CUCAMONGA ADU 's and JADU 's • ADU • Attached or detached units • Independent living • Provisions for living, sleeping, eating, cooking and sanitation • Maximum 1,200 square feet • JADU • Attached unit, part of existing SF home • Provisions for living, sleeping, eating, cooking • Common sanitation is allowed • Maximum 500 square feet Types ADUs r I - -. 77 Atoch,ad Aw Ma Aditi ml In. - Detached ADU Key Changes Current ADU Ordinance New ADU Ordinance Minimum Lot Size 5,000SF No Minimum JADU Permitted No Yes #of ADU/JADU on lot only 1 (ADU) per lot 1 ADU and 1 JADU per lot Parking One off street space No Parking Required Permitted, off street parking Garage Conversion required Permitted, No replacement parking Lot Coverage Applies to ADU ADU's 800 sq. ft. or less are exempt Permitted if over 30 consecutive Permitted if over 30 consecutive Rental days - no short term rentals days - no short term rentals Owner/Occupant Currently suspended by State Law Requirement Yes until 2025 Setbacks 5 feet in rear or side yard setback 4 feet in rear or side yard setback Design Standards Apply to all ADU's Only apply to ADU's over 800 sq. ft. Approval Process Plan Check/120 days Plan Check/60 days CITY OF RANCHO CUCAMONGA WI rim" ADU • ADU permit activity has increased • 2018 — 5 ADU Building f Permits Issued • 2019 — 26 ADU Building Permits Issued LAM _ 5 garage conversionsr _ • Average Size — 810 Sq. Ft. • Size Range — 312 — 1200 s ft. g q• • 2020 — 3 ADU Building s Permits Issued, 4 more under review Recommendation • Conduct first reading by title only ORDINANCE NO. 966 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE TO REVISE REGULATIONS REGARDING ACCESSORY DWELLING UNITS, AND FINDING THE ORDINANCE TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT