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HomeMy WebLinkAbout2022/01/05 - Regular Meeting Agenda Packet AmendedMayor L. Dennis Michael Mayor Pro Tem Lynne B. Kennedy Members of the City Council: Ryan A. Hutchison Kristine D. Scott Sam Spagnolo AMENDED AGENDA (ITEM A1 ADDED TO AGENDA  1/4/2022 4:30PM) CITY OF RANCHO CUCAMONGA REGULAR MEETING AGENDA January 5, 2022 10500 Civic Center Drive Rancho Cucamonga, CA 91730  FIRE PROTECTION DISTRICT BOARD – CITY COUNCIL HOUSING SUCCESSOR AGENCY­ SUCCESSOR AGENCY – PUBLIC FINANCE AUTHORITY CLOSED SESSION TRI­COMMUNITIES ROOM 4:30 P.M. REGULAR MEETINGS        COUNCIL CHAMBERS 7:00 P.M. The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive.  It Is the Intent to conclude the meeting by 10:00 p.m. unless extended by the concurrence of the City Council.  Agendas, minutes, and recordings of meetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 909­774­2023. Live Broadcast available on Channel 3 (RCTV­3). In accordance with AB 361, and to ensure the health and safety of our residents by limiting contact that could spread the COVID–19 virus, members of the public have the option to participate in this City Council/Fire District meeting via a teleconference.  Members of the public may also attend the meeting in person.  Those wishing to speak during public communication may call at the start of the meeting by dialing (909)774­2751, if speaking on a Public Hearing item, please dial in when the Public Hearing is being heard at (909)774­2751 to be added to the queue for public comment. Calls will be answered in the order received.  Members of the public are encouraged to watch from the safety of their homes by Live Streaming on the City's website at https://www.cityofrc.us/your­government/city­council­agendas or Local Cable: RCTV­3 Programming.  The City of Rancho Cucamonga thanks you in advance for taking all precautions to prevent spreading the COVID­19 virus. CLOSED SESSION – 4:30 P.M.   TRI­COMMUNITIES ROOM  ROLL CALL: Mayor Michael                         Mayor Pro Tem Kennedy                         Council Members Hutchison, Scott, and Spagnolo  A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) C. CITY MANAGER ANNOUNCEMENTS D. CONDUCT OF CLOSED SESSION D1.CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA CITY EMPLOYEES’ ASSOCIATION (RCCEA), TEAMSTERS LOCAL 1932, RANCHO CUCAMONGA MANAGEMENT ASSOCIATION, EXECUTIVE MANAGEMENT GROUP – (CITY/FIRE) D2.CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9: 1 CASE – (CITY) D3.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT THE TERMINUS OF SMOKESTONE STREET, EAST OF TORREY PINE COURT, RANCHO CUCAMONGA, CALIFORNIA 91739, IDENTIFIED AS COUNTY ASSESSOR’S PARCEL NUMBER 0228​044​24, NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND CHAO PING YANG; REGARDING PRICE AND TERMS. – (CITY) D4.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE’S INC. V. CITY OF RANCHO CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA, CASE NO. 5:20CV02506JGBSP – (CITY) D5.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: HIMNEL USA, INC. d/b/a ST. MARY'S MONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OF RANCHO CUCAMONGA, SBSC CASE NO.: CIVDS 2014554. – (CITY) D6.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V. DR LANDMARK, INC.; POWER MEDIC TECHNOLOGIES, INC.; HOFER PROPERTIES, LLC; AND DOES 1 THROUGH 5 INCLUSIVE, SBSC CASE NO.: CIVDS 1904713 – (CITY) D7.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8949 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229​162​22; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D8.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8783 ETIWANDA AVENUE/12949 WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­162­14; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC, AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KULAR TRUCK LINE, INC., OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE.  NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D9.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229​162​23; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D10.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­162­22; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC, AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE.  NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D11.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8768 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­131­16; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND SCG/DP ETIWANDA LLC, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D12.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8996 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­283­79; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BTC III RANCHO CUCAMONGA LOGISTICS CENTER LP, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D13.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8821 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­162­15; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC AND CUTLER, ON BEHALF OF 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 ONE­THIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANN GARNESS, UNDIVIDED ONE­THIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANN GARNESS, TRUSTEES OF THE GARNESS FAMILY TRUST DATED JUNE 28, 2012, AS TO AN UNDIVIDED ONE­THIRD (1/3) INTEREST, AND JOHN S. CLEMONS AND PATRICIA R. CLEMONS, TRUSTEES OF THE CLEMONS REVOCABLE TRUST DATED DECEMBER 4, 2014, AS TO AN UNDIVIDED ONE­THIRD (1/3) INTEREST, AS TENANTS IN COMMON, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D14.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8688 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­131­31; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND GOODMAN RANCHO SPE LLC, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D15.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8889 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­291­17; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND LIGHTNING P.M. LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D16.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8685 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­151­28, FORMALLY 0229­151­15; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND COLOMBERO FAMILY LIMITED PARTNERSHIP, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D17.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8717 AND 8733 ETIWANDA AVENUE AND 12928 AND 12934 WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBERS 0229­161­02, 0229­161­03, 0229­16­104, AND 0229­161­05; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND COLOMBERO FAMILY LIMITED PARTNERSHIP, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D18.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8939 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­291­55; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BCORE IE WEST OWNER LLC, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D19.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD IDENTIFIED AS PARCEL NUMBERS 1090331030000, 1090331040000, 1089581040000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND JOSEPH FILIPPI, JOSEPH FILIPPI WINERY AND VINEYARDS; REGARDING PRICE AND TERMS. – (CITY) E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the Council Chambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California. REGULAR MEETING – 7:00 P.M. COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE ROLL CALL:Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison, Scott, and Spagnolo A. AMENDMENTS TO THE AGENDA A1.AB 361 Findings for Special Brown Act Requirements for Teleconference Meetings. (CITY/FIRE) B. ANNOUNCEMENT / PRESENTATIONS B1.Administration of Oath of Office to Nicholas Ghirelli, City Attorney.  B2.Presentation of a Proclamation to Outgoing Historic Preservation/Planning Commissioners Tony Guglielmo and Francisco Oaxaca for their Dedicated Service to the Historic Preservation/Planning Commission. B3.Presentation of a Certificate of Recognition to the Rancho Cucamonga High School Resource Officer Deputy John Cadogan and School Nurse Yolanda Warren for Heroically Saving the Life of a Student on Campus. C. PUBLIC COMMUNICATIONS Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority. This is the time and place for the general public to address the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council from addressing any issue not previously included on the Agenda. The Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon without discussion unless an item is removed by Council Member for discussion. Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar. D. CONSENT CALENDAR D1.Consideration of Meeting Minutes for the Regular Meetings of November 17, 2021. D2.Consideration to Approve City and Fire District Bi­Weekly Payroll in the Total Amount of $1,902,322.32 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $7,220,700.83 Dated December 06, 2021 Through December 16, 2021. (CITY/FIRE) D3.Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $14,238.90 Dated December 06, 2021 Through December 16, 2021. (CITY/FIRE) D4.Consideration of a Professional Services Agreement with University Enterprises Corporation on behalf of Inland Empire Small Business Development Center for Business Consulting Services in the Amount of $25,000. (CITY) E. CONSENT CALENDAR ORDINANCE(S) ­ SECOND READING/ADOPTION E1.Consideration of Second Reading and Adoption of the Following: ORDINANCE NO. 991 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING CHAPTER 3.76 TO THE RANCHO CUCAMONGA MUNICIPAL CODE TO ESTABLISH AN AFFORDABLE HOUSING DEVELOPMENT IMPACT FEE F. ADMINISTRATIVE HEARING ITEM(S) G. ADVERTISED PUBLIC HEARINGS ITEM(S) ­ CITY/FIRE DISTRICT G1.Public Hearing to Consider First Reading of City Council Ordinance No. 992, to Approve Prezoning (DRC2020­00186), Consent to a Proposed Annexation, and Adopt an Associated Plan for Service (DRC2020­00185), and City Council Ordinance No. 993 to Approve Development Agreement (DRC2021­00175), Each to be Read by Title Only and Waive Further Reading: to Consider City Council Resolutions to Adopt General Plan Amendment (DRC2020­00184), Tentative Parcel Map (SUBTPM20251), Design Review (DRC2020­00177), Conditional Use Permit (DRC2021­00317), Uniform Sign Program (DRC2020­00178), and Certification of Environmental Impact Report, Make Findings Pursuant to the Environmental Quality Act, and Adopt a Mitigation Monitoring and Reporting Program (SCH No. 2020090076) to Allow for the Development of Two Industrial Warehouse Buildings totaling approximately 655,878 square feet on an approximate 35­acre project site Located Approximately 650 East of Etiwanda Avenue, North of Napa Street; APNS: 0229­291­23, ­46, and ­54. The Rancho Cucamonga Fire Protection District Will Also Consider a Resolution to Consent to the Proposed Annexation and Adoption of a Plan (DRC2020­00185) for the Same Project. (RESOLUTION NOS. 2022­001, 2022­002, 2022­003, 2022­004 & 2022­005, 2022­006 AND FD2022­001) (ORDINANCE NOS. 992 & 993) (CITY/FIRE) H. CITY MANAGER'S STAFF REPORT(S) H1.Consideration to Approve an Amendment to the City Manager’s Employment Agreement. (CITY) I. COUNCIL BUSINESS I1.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I2.INTER​AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) J. CITY ATTORNEY ITEMS K. IDENTIFICATION OF ITEMS FOR NEXT MEETING L. ADJOURNMENT CERTIFICATION I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least twenty​four (24) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California; 12505 Cultural Center Drive, Rancho Cucamonga, CA, 91739; and on the City's website.  LINDA A. TROYAN, MMC CITY CLERK SERVICES DIRECTOR If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477­2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired.  CITY COUNCIL VISION STATEMENT “Our Vision is to build on our success as a world class community,to create an equitable,sustainable,and vibrant city,rich in opportunity for all to thrive.” Page 1 MayorL. Dennis MichaelMayor Pro TemLynne B. KennedyMembers of the CityCouncil:Ryan A. HutchisonKristine D. ScottSam Spagnolo AMENDED AGENDA(ITEM A1 ADDED TO AGENDA  1/4/2022 4:30PM)CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDAJanuary 5, 202210500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY­ SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TRI­COMMUNITIES ROOM 4:30 P.M.REGULAR MEETINGS        COUNCIL CHAMBERS 7:00 P.M.The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in theCouncil Chambers located at 10500 Civic Center Drive.  It Is the Intent to conclude the meeting by 10:00p.m. unless extended by the concurrence of the City Council.  Agendas, minutes, and recordings ofmeetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 909­774­2023. LiveBroadcast available on Channel 3 (RCTV­3).In accordance with AB 361, and to ensure the health and safety of our residents by limiting contact thatcould spread the COVID–19 virus, members of the public have the option to participate in this CityCouncil/Fire District meeting via a teleconference.  Members of the public may also attend the meeting inperson.  Those wishing to speak during public communication may call at the start of the meeting by dialing(909)774­2751, if speaking on a Public Hearing item, please dial in when the Public Hearing is being heardat (909)774­2751 to be added to the queue for public comment. Calls will be answered in the order received. Members of the public are encouraged to watch from the safety of their homes by Live Streaming on theCity's website at https://www.cityofrc.us/your­government/city­council­agendas or Local Cable: RCTV­3Programming.  The City of Rancho Cucamonga thanks you in advance for taking all precautions to preventspreading the COVID­19 virus.CLOSED SESSION – 4:30 P.M.  TRI­COMMUNITIES ROOM ROLL CALL: Mayor Michael                        Mayor Pro Tem Kennedy                        Council Members Hutchison, Scott, and Spagnolo A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)C. CITY MANAGER ANNOUNCEMENTS D. CONDUCT OF CLOSED SESSION D1.CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA CITY EMPLOYEES’ ASSOCIATION (RCCEA), TEAMSTERS LOCAL 1932, RANCHO CUCAMONGA MANAGEMENT ASSOCIATION, EXECUTIVE MANAGEMENT GROUP – (CITY/FIRE) D2.CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9: 1 CASE – (CITY) D3.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT THE TERMINUS OF SMOKESTONE STREET, EAST OF TORREY PINE COURT, RANCHO CUCAMONGA, CALIFORNIA 91739, IDENTIFIED AS COUNTY ASSESSOR’S PARCEL NUMBER 0228​044​24, NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND CHAO PING YANG; REGARDING PRICE AND TERMS. – (CITY) D4.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE’S INC. V. CITY OF RANCHO CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA, CASE NO. 5:20CV02506JGBSP – (CITY) D5.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: HIMNEL USA, INC. d/b/a ST. MARY'S MONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OF RANCHO CUCAMONGA, SBSC CASE NO.: CIVDS 2014554. – (CITY) D6.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V. DR LANDMARK, INC.; POWER MEDIC TECHNOLOGIES, INC.; HOFER PROPERTIES, LLC; AND DOES 1 THROUGH 5 INCLUSIVE, SBSC CASE NO.: CIVDS 1904713 – (CITY) D7.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8949 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229​162​22; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D8.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8783 ETIWANDA AVENUE/12949 WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­162­14; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC, AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KULAR TRUCK LINE, INC., OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE.  NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D9.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229​162​23; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D10.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­162­22; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC, AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE.  NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D11.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8768 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­131­16; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND SCG/DP ETIWANDA LLC, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D12.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8996 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­283­79; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BTC III RANCHO CUCAMONGA LOGISTICS CENTER LP, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D13.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8821 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­162­15; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC AND CUTLER, ON BEHALF OF 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 ONE­THIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANN GARNESS, UNDIVIDED ONE­THIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANN GARNESS, TRUSTEES OF THE GARNESS FAMILY TRUST DATED JUNE 28, 2012, AS TO AN UNDIVIDED ONE­THIRD (1/3) INTEREST, AND JOHN S. CLEMONS AND PATRICIA R. CLEMONS, TRUSTEES OF THE CLEMONS REVOCABLE TRUST DATED DECEMBER 4, 2014, AS TO AN UNDIVIDED ONE­THIRD (1/3) INTEREST, AS TENANTS IN COMMON, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D14.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8688 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­131­31; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND GOODMAN RANCHO SPE LLC, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D15.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8889 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­291­17; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND LIGHTNING P.M. LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D16.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8685 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­151­28, FORMALLY 0229­151­15; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND COLOMBERO FAMILY LIMITED PARTNERSHIP, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D17.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8717 AND 8733 ETIWANDA AVENUE AND 12928 AND 12934 WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBERS 0229­161­02, 0229­161­03, 0229­16­104, AND 0229­161­05; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND COLOMBERO FAMILY LIMITED PARTNERSHIP, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D18.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8939 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­291­55; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BCORE IE WEST OWNER LLC, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D19.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD IDENTIFIED AS PARCEL NUMBERS 1090331030000, 1090331040000, 1089581040000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND JOSEPH FILIPPI, JOSEPH FILIPPI WINERY AND VINEYARDS; REGARDING PRICE AND TERMS. – (CITY) E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the Council Chambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California. REGULAR MEETING – 7:00 P.M. COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE ROLL CALL:Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison, Scott, and Spagnolo A. AMENDMENTS TO THE AGENDA A1.AB 361 Findings for Special Brown Act Requirements for Teleconference Meetings. (CITY/FIRE) B. ANNOUNCEMENT / PRESENTATIONS B1.Administration of Oath of Office to Nicholas Ghirelli, City Attorney.  B2.Presentation of a Proclamation to Outgoing Historic Preservation/Planning Commissioners Tony Guglielmo and Francisco Oaxaca for their Dedicated Service to the Historic Preservation/Planning Commission. B3.Presentation of a Certificate of Recognition to the Rancho Cucamonga High School Resource Officer Deputy John Cadogan and School Nurse Yolanda Warren for Heroically Saving the Life of a Student on Campus. C. PUBLIC COMMUNICATIONS Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority. This is the time and place for the general public to address the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council from addressing any issue not previously included on the Agenda. The Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon without discussion unless an item is removed by Council Member for discussion. Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar. D. CONSENT CALENDAR D1.Consideration of Meeting Minutes for the Regular Meetings of November 17, 2021. D2.Consideration to Approve City and Fire District Bi­Weekly Payroll in the Total Amount of $1,902,322.32 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $7,220,700.83 Dated December 06, 2021 Through December 16, 2021. (CITY/FIRE) D3.Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $14,238.90 Dated December 06, 2021 Through December 16, 2021. (CITY/FIRE) D4.Consideration of a Professional Services Agreement with University Enterprises Corporation on behalf of Inland Empire Small Business Development Center for Business Consulting Services in the Amount of $25,000. (CITY) E. CONSENT CALENDAR ORDINANCE(S) ­ SECOND READING/ADOPTION E1.Consideration of Second Reading and Adoption of the Following: ORDINANCE NO. 991 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING CHAPTER 3.76 TO THE RANCHO CUCAMONGA MUNICIPAL CODE TO ESTABLISH AN AFFORDABLE HOUSING DEVELOPMENT IMPACT FEE F. ADMINISTRATIVE HEARING ITEM(S) G. ADVERTISED PUBLIC HEARINGS ITEM(S) ­ CITY/FIRE DISTRICT G1.Public Hearing to Consider First Reading of City Council Ordinance No. 992, to Approve Prezoning (DRC2020­00186), Consent to a Proposed Annexation, and Adopt an Associated Plan for Service (DRC2020­00185), and City Council Ordinance No. 993 to Approve Development Agreement (DRC2021­00175), Each to be Read by Title Only and Waive Further Reading: to Consider City Council Resolutions to Adopt General Plan Amendment (DRC2020­00184), Tentative Parcel Map (SUBTPM20251), Design Review (DRC2020­00177), Conditional Use Permit (DRC2021­00317), Uniform Sign Program (DRC2020­00178), and Certification of Environmental Impact Report, Make Findings Pursuant to the Environmental Quality Act, and Adopt a Mitigation Monitoring and Reporting Program (SCH No. 2020090076) to Allow for the Development of Two Industrial Warehouse Buildings totaling approximately 655,878 square feet on an approximate 35­acre project site Located Approximately 650 East of Etiwanda Avenue, North of Napa Street; APNS: 0229­291­23, ­46, and ­54. The Rancho Cucamonga Fire Protection District Will Also Consider a Resolution to Consent to the Proposed Annexation and Adoption of a Plan (DRC2020­00185) for the Same Project. (RESOLUTION NOS. 2022­001, 2022­002, 2022­003, 2022­004 & 2022­005, 2022­006 AND FD2022­001) (ORDINANCE NOS. 992 & 993) (CITY/FIRE) H. CITY MANAGER'S STAFF REPORT(S) H1.Consideration to Approve an Amendment to the City Manager’s Employment Agreement. (CITY) I. COUNCIL BUSINESS I1.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I2.INTER​AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) J. CITY ATTORNEY ITEMS K. IDENTIFICATION OF ITEMS FOR NEXT MEETING L. ADJOURNMENT CERTIFICATION I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least twenty​four (24) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California; 12505 Cultural Center Drive, Rancho Cucamonga, CA, 91739; and on the City's website.  LINDA A. TROYAN, MMC CITY CLERK SERVICES DIRECTOR If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477­2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired.  CITY COUNCIL VISION STATEMENT “Our Vision is to build on our success as a world class community,to create an equitable,sustainable,and vibrant city,rich in opportunity for all to thrive.” Page 2 MayorL. Dennis MichaelMayor Pro TemLynne B. KennedyMembers of the CityCouncil:Ryan A. HutchisonKristine D. ScottSam Spagnolo AMENDED AGENDA(ITEM A1 ADDED TO AGENDA  1/4/2022 4:30PM)CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDAJanuary 5, 202210500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY­ SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TRI­COMMUNITIES ROOM 4:30 P.M.REGULAR MEETINGS        COUNCIL CHAMBERS 7:00 P.M.The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in theCouncil Chambers located at 10500 Civic Center Drive.  It Is the Intent to conclude the meeting by 10:00p.m. unless extended by the concurrence of the City Council.  Agendas, minutes, and recordings ofmeetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 909­774­2023. LiveBroadcast available on Channel 3 (RCTV­3).In accordance with AB 361, and to ensure the health and safety of our residents by limiting contact thatcould spread the COVID–19 virus, members of the public have the option to participate in this CityCouncil/Fire District meeting via a teleconference.  Members of the public may also attend the meeting inperson.  Those wishing to speak during public communication may call at the start of the meeting by dialing(909)774­2751, if speaking on a Public Hearing item, please dial in when the Public Hearing is being heardat (909)774­2751 to be added to the queue for public comment. Calls will be answered in the order received. Members of the public are encouraged to watch from the safety of their homes by Live Streaming on theCity's website at https://www.cityofrc.us/your­government/city­council­agendas or Local Cable: RCTV­3Programming.  The City of Rancho Cucamonga thanks you in advance for taking all precautions to preventspreading the COVID­19 virus.CLOSED SESSION – 4:30 P.M.  TRI­COMMUNITIES ROOM ROLL CALL: Mayor Michael                        Mayor Pro Tem Kennedy                        Council Members Hutchison, Scott, and Spagnolo A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)C. CITY MANAGER ANNOUNCEMENTSD. CONDUCT OF CLOSED SESSIOND1.CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCESDIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONSWITH THE RANCHO CUCAMONGA CITY EMPLOYEES’ ASSOCIATION (RCCEA), TEAMSTERSLOCAL 1932, RANCHO CUCAMONGA MANAGEMENT ASSOCIATION, EXECUTIVE MANAGEMENTGROUP – (CITY/FIRE)D2.CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATIONPURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION54956.9: 1 CASE – (CITY)D3.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT THE TERMINUS OF SMOKESTONE STREET, EAST OFTORREY PINE COURT, RANCHO CUCAMONGA, CALIFORNIA 91739, IDENTIFIED AS COUNTYASSESSOR’S PARCEL NUMBER 0228​044​24, NEGOTIATING PARTIES JOHN GILLISON, CITYMANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND CHAO PING YANG;REGARDING PRICE AND TERMS. – (CITY)D4.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TOPARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE’S INC. V.CITY OF RANCHO CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OFCALIFORNIA, CASE NO. 5:20CV02506JGBSP – (CITY)D5.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1)OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: HIMNEL USA, INC. d/b/a ST. MARY'SMONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OF RANCHOCUCAMONGA, SBSC CASE NO.: CIVDS 2014554. – (CITY)D6.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHOCUCAMONGA V. DR LANDMARK, INC.; POWER MEDIC TECHNOLOGIES, INC.; HOFERPROPERTIES, LLC; AND DOES 1 THROUGH 5 INCLUSIVE, SBSC CASE NO.: CIVDS 1904713 –(CITY)D7.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8949 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229​162​22; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D8.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8783 ETIWANDA AVENUE/12949 WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­162­14; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC, AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KULAR TRUCK LINE, INC., OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE.  NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D9.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229​162​23; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D10.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­162­22; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC, AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE.  NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D11.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8768 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­131­16; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND SCG/DP ETIWANDA LLC, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D12.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8996 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­283­79; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BTC III RANCHO CUCAMONGA LOGISTICS CENTER LP, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D13.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8821 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­162­15; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC AND CUTLER, ON BEHALF OF 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 ONE­THIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANN GARNESS, UNDIVIDED ONE­THIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANN GARNESS, TRUSTEES OF THE GARNESS FAMILY TRUST DATED JUNE 28, 2012, AS TO AN UNDIVIDED ONE­THIRD (1/3) INTEREST, AND JOHN S. CLEMONS AND PATRICIA R. CLEMONS, TRUSTEES OF THE CLEMONS REVOCABLE TRUST DATED DECEMBER 4, 2014, AS TO AN UNDIVIDED ONE­THIRD (1/3) INTEREST, AS TENANTS IN COMMON, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D14.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8688 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­131­31; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND GOODMAN RANCHO SPE LLC, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D15.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8889 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­291­17; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND LIGHTNING P.M. LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D16.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8685 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­151­28, FORMALLY 0229­151­15; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND COLOMBERO FAMILY LIMITED PARTNERSHIP, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D17.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8717 AND 8733 ETIWANDA AVENUE AND 12928 AND 12934 WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBERS 0229­161­02, 0229­161­03, 0229­16­104, AND 0229­161­05; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND COLOMBERO FAMILY LIMITED PARTNERSHIP, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D18.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8939 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­291­55; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BCORE IE WEST OWNER LLC, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D19.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD IDENTIFIED AS PARCEL NUMBERS 1090331030000, 1090331040000, 1089581040000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND JOSEPH FILIPPI, JOSEPH FILIPPI WINERY AND VINEYARDS; REGARDING PRICE AND TERMS. – (CITY) E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the Council Chambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California. REGULAR MEETING – 7:00 P.M. COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE ROLL CALL:Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison, Scott, and Spagnolo A. AMENDMENTS TO THE AGENDA A1.AB 361 Findings for Special Brown Act Requirements for Teleconference Meetings. (CITY/FIRE) B. ANNOUNCEMENT / PRESENTATIONS B1.Administration of Oath of Office to Nicholas Ghirelli, City Attorney.  B2.Presentation of a Proclamation to Outgoing Historic Preservation/Planning Commissioners Tony Guglielmo and Francisco Oaxaca for their Dedicated Service to the Historic Preservation/Planning Commission. B3.Presentation of a Certificate of Recognition to the Rancho Cucamonga High School Resource Officer Deputy John Cadogan and School Nurse Yolanda Warren for Heroically Saving the Life of a Student on Campus. C. PUBLIC COMMUNICATIONS Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority. This is the time and place for the general public to address the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council from addressing any issue not previously included on the Agenda. The Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon without discussion unless an item is removed by Council Member for discussion. Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar. D. CONSENT CALENDAR D1.Consideration of Meeting Minutes for the Regular Meetings of November 17, 2021. D2.Consideration to Approve City and Fire District Bi­Weekly Payroll in the Total Amount of $1,902,322.32 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $7,220,700.83 Dated December 06, 2021 Through December 16, 2021. (CITY/FIRE) D3.Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $14,238.90 Dated December 06, 2021 Through December 16, 2021. (CITY/FIRE) D4.Consideration of a Professional Services Agreement with University Enterprises Corporation on behalf of Inland Empire Small Business Development Center for Business Consulting Services in the Amount of $25,000. (CITY) E. CONSENT CALENDAR ORDINANCE(S) ­ SECOND READING/ADOPTION E1.Consideration of Second Reading and Adoption of the Following: ORDINANCE NO. 991 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING CHAPTER 3.76 TO THE RANCHO CUCAMONGA MUNICIPAL CODE TO ESTABLISH AN AFFORDABLE HOUSING DEVELOPMENT IMPACT FEE F. ADMINISTRATIVE HEARING ITEM(S) G. ADVERTISED PUBLIC HEARINGS ITEM(S) ­ CITY/FIRE DISTRICT G1.Public Hearing to Consider First Reading of City Council Ordinance No. 992, to Approve Prezoning (DRC2020­00186), Consent to a Proposed Annexation, and Adopt an Associated Plan for Service (DRC2020­00185), and City Council Ordinance No. 993 to Approve Development Agreement (DRC2021­00175), Each to be Read by Title Only and Waive Further Reading: to Consider City Council Resolutions to Adopt General Plan Amendment (DRC2020­00184), Tentative Parcel Map (SUBTPM20251), Design Review (DRC2020­00177), Conditional Use Permit (DRC2021­00317), Uniform Sign Program (DRC2020­00178), and Certification of Environmental Impact Report, Make Findings Pursuant to the Environmental Quality Act, and Adopt a Mitigation Monitoring and Reporting Program (SCH No. 2020090076) to Allow for the Development of Two Industrial Warehouse Buildings totaling approximately 655,878 square feet on an approximate 35­acre project site Located Approximately 650 East of Etiwanda Avenue, North of Napa Street; APNS: 0229­291­23, ­46, and ­54. The Rancho Cucamonga Fire Protection District Will Also Consider a Resolution to Consent to the Proposed Annexation and Adoption of a Plan (DRC2020­00185) for the Same Project. (RESOLUTION NOS. 2022­001, 2022­002, 2022­003, 2022­004 & 2022­005, 2022­006 AND FD2022­001) (ORDINANCE NOS. 992 & 993) (CITY/FIRE) H. CITY MANAGER'S STAFF REPORT(S) H1.Consideration to Approve an Amendment to the City Manager’s Employment Agreement. (CITY) I. COUNCIL BUSINESS I1.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I2.INTER​AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) J. CITY ATTORNEY ITEMS K. IDENTIFICATION OF ITEMS FOR NEXT MEETING L. ADJOURNMENT CERTIFICATION I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least twenty​four (24) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California; 12505 Cultural Center Drive, Rancho Cucamonga, CA, 91739; and on the City's website.  LINDA A. TROYAN, MMC CITY CLERK SERVICES DIRECTOR If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477­2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired.  CITY COUNCIL VISION STATEMENT “Our Vision is to build on our success as a world class community,to create an equitable,sustainable,and vibrant city,rich in opportunity for all to thrive.” Page 3 MayorL. Dennis MichaelMayor Pro TemLynne B. KennedyMembers of the CityCouncil:Ryan A. HutchisonKristine D. ScottSam Spagnolo AMENDED AGENDA(ITEM A1 ADDED TO AGENDA  1/4/2022 4:30PM)CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDAJanuary 5, 202210500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY­ SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TRI­COMMUNITIES ROOM 4:30 P.M.REGULAR MEETINGS        COUNCIL CHAMBERS 7:00 P.M.The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in theCouncil Chambers located at 10500 Civic Center Drive.  It Is the Intent to conclude the meeting by 10:00p.m. unless extended by the concurrence of the City Council.  Agendas, minutes, and recordings ofmeetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 909­774­2023. LiveBroadcast available on Channel 3 (RCTV­3).In accordance with AB 361, and to ensure the health and safety of our residents by limiting contact thatcould spread the COVID–19 virus, members of the public have the option to participate in this CityCouncil/Fire District meeting via a teleconference.  Members of the public may also attend the meeting inperson.  Those wishing to speak during public communication may call at the start of the meeting by dialing(909)774­2751, if speaking on a Public Hearing item, please dial in when the Public Hearing is being heardat (909)774­2751 to be added to the queue for public comment. Calls will be answered in the order received. Members of the public are encouraged to watch from the safety of their homes by Live Streaming on theCity's website at https://www.cityofrc.us/your­government/city­council­agendas or Local Cable: RCTV­3Programming.  The City of Rancho Cucamonga thanks you in advance for taking all precautions to preventspreading the COVID­19 virus.CLOSED SESSION – 4:30 P.M.  TRI­COMMUNITIES ROOM ROLL CALL: Mayor Michael                        Mayor Pro Tem Kennedy                        Council Members Hutchison, Scott, and Spagnolo A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)C. CITY MANAGER ANNOUNCEMENTSD. CONDUCT OF CLOSED SESSIOND1.CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCESDIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONSWITH THE RANCHO CUCAMONGA CITY EMPLOYEES’ ASSOCIATION (RCCEA), TEAMSTERSLOCAL 1932, RANCHO CUCAMONGA MANAGEMENT ASSOCIATION, EXECUTIVE MANAGEMENTGROUP – (CITY/FIRE)D2.CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATIONPURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION54956.9: 1 CASE – (CITY)D3.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT THE TERMINUS OF SMOKESTONE STREET, EAST OFTORREY PINE COURT, RANCHO CUCAMONGA, CALIFORNIA 91739, IDENTIFIED AS COUNTYASSESSOR’S PARCEL NUMBER 0228​044​24, NEGOTIATING PARTIES JOHN GILLISON, CITYMANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND CHAO PING YANG;REGARDING PRICE AND TERMS. – (CITY)D4.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TOPARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE’S INC. V.CITY OF RANCHO CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OFCALIFORNIA, CASE NO. 5:20CV02506JGBSP – (CITY)D5.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1)OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: HIMNEL USA, INC. d/b/a ST. MARY'SMONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OF RANCHOCUCAMONGA, SBSC CASE NO.: CIVDS 2014554. – (CITY)D6.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHOCUCAMONGA V. DR LANDMARK, INC.; POWER MEDIC TECHNOLOGIES, INC.; HOFERPROPERTIES, LLC; AND DOES 1 THROUGH 5 INCLUSIVE, SBSC CASE NO.: CIVDS 1904713 –(CITY)D7.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8949 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229​162​22; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATINGPARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)D8.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8783 ETIWANDA AVENUE/12949 WHITTRAM AVENUE,FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER0229­162­14; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND,PACIFIC, AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KULARTRUCK LINE, INC., OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNINGPRICE.  NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SETFORTH ABOVE. – (CITY)D9.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229​162​23; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATINGPARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)D10.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­162­22; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC, AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTHABOVE. – (CITY)D11.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8768 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­131­16; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND SCG/DP ETIWANDA LLC,A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TONEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THEPROPERTY OWNERS SET FORTH ABOVE. – (CITY)D12.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8996 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­283­79; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BTC III RANCHOCUCAMONGA LOGISTICS CENTER LP, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D13.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8821 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­162­15; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC AND CUTLER, ON BEHALF OF 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 ONE­THIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANN GARNESS, UNDIVIDED ONE­THIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANN GARNESS, TRUSTEES OF THE GARNESS FAMILY TRUST DATED JUNE 28, 2012, AS TO AN UNDIVIDED ONE­THIRD (1/3) INTEREST, AND JOHN S. CLEMONS AND PATRICIA R. CLEMONS, TRUSTEES OF THE CLEMONS REVOCABLE TRUST DATED DECEMBER 4, 2014, AS TO AN UNDIVIDED ONE­THIRD (1/3) INTEREST, AS TENANTS IN COMMON, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D14.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8688 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­131­31; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND GOODMAN RANCHO SPE LLC, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D15.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8889 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­291­17; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND LIGHTNING P.M. LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D16.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8685 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­151­28, FORMALLY 0229­151­15; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND COLOMBERO FAMILY LIMITED PARTNERSHIP, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D17.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8717 AND 8733 ETIWANDA AVENUE AND 12928 AND 12934 WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBERS 0229­161­02, 0229­161­03, 0229­16­104, AND 0229­161­05; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND COLOMBERO FAMILY LIMITED PARTNERSHIP, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D18.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8939 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­291­55; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BCORE IE WEST OWNER LLC, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D19.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD IDENTIFIED AS PARCEL NUMBERS 1090331030000, 1090331040000, 1089581040000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND JOSEPH FILIPPI, JOSEPH FILIPPI WINERY AND VINEYARDS; REGARDING PRICE AND TERMS. – (CITY) E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the Council Chambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California. REGULAR MEETING – 7:00 P.M. COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE ROLL CALL:Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison, Scott, and Spagnolo A. AMENDMENTS TO THE AGENDA A1.AB 361 Findings for Special Brown Act Requirements for Teleconference Meetings. (CITY/FIRE) B. ANNOUNCEMENT / PRESENTATIONS B1.Administration of Oath of Office to Nicholas Ghirelli, City Attorney.  B2.Presentation of a Proclamation to Outgoing Historic Preservation/Planning Commissioners Tony Guglielmo and Francisco Oaxaca for their Dedicated Service to the Historic Preservation/Planning Commission. B3.Presentation of a Certificate of Recognition to the Rancho Cucamonga High School Resource Officer Deputy John Cadogan and School Nurse Yolanda Warren for Heroically Saving the Life of a Student on Campus. C. PUBLIC COMMUNICATIONS Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority. This is the time and place for the general public to address the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council from addressing any issue not previously included on the Agenda. The Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon without discussion unless an item is removed by Council Member for discussion. Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar. D. CONSENT CALENDAR D1.Consideration of Meeting Minutes for the Regular Meetings of November 17, 2021. D2.Consideration to Approve City and Fire District Bi­Weekly Payroll in the Total Amount of $1,902,322.32 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $7,220,700.83 Dated December 06, 2021 Through December 16, 2021. (CITY/FIRE) D3.Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $14,238.90 Dated December 06, 2021 Through December 16, 2021. (CITY/FIRE) D4.Consideration of a Professional Services Agreement with University Enterprises Corporation on behalf of Inland Empire Small Business Development Center for Business Consulting Services in the Amount of $25,000. (CITY) E. CONSENT CALENDAR ORDINANCE(S) ­ SECOND READING/ADOPTION E1.Consideration of Second Reading and Adoption of the Following: ORDINANCE NO. 991 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING CHAPTER 3.76 TO THE RANCHO CUCAMONGA MUNICIPAL CODE TO ESTABLISH AN AFFORDABLE HOUSING DEVELOPMENT IMPACT FEE F. ADMINISTRATIVE HEARING ITEM(S) G. ADVERTISED PUBLIC HEARINGS ITEM(S) ­ CITY/FIRE DISTRICT G1.Public Hearing to Consider First Reading of City Council Ordinance No. 992, to Approve Prezoning (DRC2020­00186), Consent to a Proposed Annexation, and Adopt an Associated Plan for Service (DRC2020­00185), and City Council Ordinance No. 993 to Approve Development Agreement (DRC2021­00175), Each to be Read by Title Only and Waive Further Reading: to Consider City Council Resolutions to Adopt General Plan Amendment (DRC2020­00184), Tentative Parcel Map (SUBTPM20251), Design Review (DRC2020­00177), Conditional Use Permit (DRC2021­00317), Uniform Sign Program (DRC2020­00178), and Certification of Environmental Impact Report, Make Findings Pursuant to the Environmental Quality Act, and Adopt a Mitigation Monitoring and Reporting Program (SCH No. 2020090076) to Allow for the Development of Two Industrial Warehouse Buildings totaling approximately 655,878 square feet on an approximate 35­acre project site Located Approximately 650 East of Etiwanda Avenue, North of Napa Street; APNS: 0229­291­23, ­46, and ­54. The Rancho Cucamonga Fire Protection District Will Also Consider a Resolution to Consent to the Proposed Annexation and Adoption of a Plan (DRC2020­00185) for the Same Project. (RESOLUTION NOS. 2022­001, 2022­002, 2022­003, 2022­004 & 2022­005, 2022­006 AND FD2022­001) (ORDINANCE NOS. 992 & 993) (CITY/FIRE) H. CITY MANAGER'S STAFF REPORT(S) H1.Consideration to Approve an Amendment to the City Manager’s Employment Agreement. (CITY) I. COUNCIL BUSINESS I1.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I2.INTER​AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) J. CITY ATTORNEY ITEMS K. IDENTIFICATION OF ITEMS FOR NEXT MEETING L. ADJOURNMENT CERTIFICATION I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least twenty​four (24) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California; 12505 Cultural Center Drive, Rancho Cucamonga, CA, 91739; and on the City's website.  LINDA A. TROYAN, MMC CITY CLERK SERVICES DIRECTOR If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477­2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired.  CITY COUNCIL VISION STATEMENT “Our Vision is to build on our success as a world class community,to create an equitable,sustainable,and vibrant city,rich in opportunity for all to thrive.” Page 4 MayorL. Dennis MichaelMayor Pro TemLynne B. KennedyMembers of the CityCouncil:Ryan A. HutchisonKristine D. ScottSam Spagnolo AMENDED AGENDA(ITEM A1 ADDED TO AGENDA  1/4/2022 4:30PM)CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDAJanuary 5, 202210500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY­ SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TRI­COMMUNITIES ROOM 4:30 P.M.REGULAR MEETINGS        COUNCIL CHAMBERS 7:00 P.M.The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in theCouncil Chambers located at 10500 Civic Center Drive.  It Is the Intent to conclude the meeting by 10:00p.m. unless extended by the concurrence of the City Council.  Agendas, minutes, and recordings ofmeetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 909­774­2023. LiveBroadcast available on Channel 3 (RCTV­3).In accordance with AB 361, and to ensure the health and safety of our residents by limiting contact thatcould spread the COVID–19 virus, members of the public have the option to participate in this CityCouncil/Fire District meeting via a teleconference.  Members of the public may also attend the meeting inperson.  Those wishing to speak during public communication may call at the start of the meeting by dialing(909)774­2751, if speaking on a Public Hearing item, please dial in when the Public Hearing is being heardat (909)774­2751 to be added to the queue for public comment. Calls will be answered in the order received. Members of the public are encouraged to watch from the safety of their homes by Live Streaming on theCity's website at https://www.cityofrc.us/your­government/city­council­agendas or Local Cable: RCTV­3Programming.  The City of Rancho Cucamonga thanks you in advance for taking all precautions to preventspreading the COVID­19 virus.CLOSED SESSION – 4:30 P.M.  TRI­COMMUNITIES ROOM ROLL CALL: Mayor Michael                        Mayor Pro Tem Kennedy                        Council Members Hutchison, Scott, and Spagnolo A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)C. CITY MANAGER ANNOUNCEMENTSD. CONDUCT OF CLOSED SESSIOND1.CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCESDIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONSWITH THE RANCHO CUCAMONGA CITY EMPLOYEES’ ASSOCIATION (RCCEA), TEAMSTERSLOCAL 1932, RANCHO CUCAMONGA MANAGEMENT ASSOCIATION, EXECUTIVE MANAGEMENTGROUP – (CITY/FIRE)D2.CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATIONPURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION54956.9: 1 CASE – (CITY)D3.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT THE TERMINUS OF SMOKESTONE STREET, EAST OFTORREY PINE COURT, RANCHO CUCAMONGA, CALIFORNIA 91739, IDENTIFIED AS COUNTYASSESSOR’S PARCEL NUMBER 0228​044​24, NEGOTIATING PARTIES JOHN GILLISON, CITYMANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND CHAO PING YANG;REGARDING PRICE AND TERMS. – (CITY)D4.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TOPARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE’S INC. V.CITY OF RANCHO CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OFCALIFORNIA, CASE NO. 5:20CV02506JGBSP – (CITY)D5.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1)OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: HIMNEL USA, INC. d/b/a ST. MARY'SMONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OF RANCHOCUCAMONGA, SBSC CASE NO.: CIVDS 2014554. – (CITY)D6.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHOCUCAMONGA V. DR LANDMARK, INC.; POWER MEDIC TECHNOLOGIES, INC.; HOFERPROPERTIES, LLC; AND DOES 1 THROUGH 5 INCLUSIVE, SBSC CASE NO.: CIVDS 1904713 –(CITY)D7.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8949 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229​162​22; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATINGPARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)D8.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8783 ETIWANDA AVENUE/12949 WHITTRAM AVENUE,FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER0229­162­14; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND,PACIFIC, AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KULARTRUCK LINE, INC., OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNINGPRICE.  NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SETFORTH ABOVE. – (CITY)D9.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229​162​23; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATINGPARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)D10.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­162­22; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC, AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTHABOVE. – (CITY)D11.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8768 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­131­16; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND SCG/DP ETIWANDA LLC,A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TONEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THEPROPERTY OWNERS SET FORTH ABOVE. – (CITY)D12.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8996 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­283­79; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BTC III RANCHOCUCAMONGA LOGISTICS CENTER LP, A DELAWARE LIMITED LIABILITY COMPANY, OWNER;REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIESMAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)D13.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8821 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­162­15; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND WILLIAM A. JONES ANDJOAN F. JONES, TRUSTEES OF THE JONES FAMILY TRUST OF 2010, AS TO AN UNDIVIDEDONE­THIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANN GARNESS,UNDIVIDED ONE­THIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANNGARNESS, TRUSTEES OF THE GARNESS FAMILY TRUST DATED JUNE 28, 2012, AS TO ANUNDIVIDED ONE­THIRD (1/3) INTEREST, AND JOHN S. CLEMONS AND PATRICIA R. CLEMONS,TRUSTEES OF THE CLEMONS REVOCABLE TRUST DATED DECEMBER 4, 2014, AS TO ANUNDIVIDED ONE­THIRD (1/3) INTEREST, AS TENANTS IN COMMON, OWNER; REGARDINGINSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAYNEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)D14.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8688 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­131­31; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND GOODMAN RANCHO SPELLC, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TONEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THEPROPERTY OWNERS SET FORTH ABOVE. – (CITY)D15.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8889 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­291­17; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND LIGHTNING P.M. LLC, ACALIFORNIA LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TONEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THEPROPERTY OWNERS SET FORTH ABOVE. – (CITY)D16.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8685 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­151­28, FORMALLY0229­151­15; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT,OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA,AND COLOMBERO FAMILY LIMITED PARTNERSHIP, OWNER; REGARDING INSTRUCTIONS TONEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THEPROPERTY OWNERS SET FORTH ABOVE. – (CITY)D17.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8717 AND 8733 ETIWANDA AVENUE AND 12928 AND12934 WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAXASSESSOR'S PARCEL NUMBERS 0229­161­02, 0229­161­03, 0229­16­104, AND 0229­161­05;NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND,PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, ANDCOLOMBERO FAMILY LIMITED PARTNERSHIP, OWNER; REGARDING INSTRUCTIONS TONEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D18.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8939 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­291­55; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BCORE IE WEST OWNER LLC, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D19.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD IDENTIFIED AS PARCEL NUMBERS 1090331030000, 1090331040000, 1089581040000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND JOSEPH FILIPPI, JOSEPH FILIPPI WINERY AND VINEYARDS; REGARDING PRICE AND TERMS. – (CITY) E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the Council Chambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California. REGULAR MEETING – 7:00 P.M. COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE ROLL CALL:Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison, Scott, and Spagnolo A. AMENDMENTS TO THE AGENDA A1.AB 361 Findings for Special Brown Act Requirements for Teleconference Meetings. (CITY/FIRE) B. ANNOUNCEMENT / PRESENTATIONS B1.Administration of Oath of Office to Nicholas Ghirelli, City Attorney.  B2.Presentation of a Proclamation to Outgoing Historic Preservation/Planning Commissioners Tony Guglielmo and Francisco Oaxaca for their Dedicated Service to the Historic Preservation/Planning Commission. B3.Presentation of a Certificate of Recognition to the Rancho Cucamonga High School Resource Officer Deputy John Cadogan and School Nurse Yolanda Warren for Heroically Saving the Life of a Student on Campus. C. PUBLIC COMMUNICATIONS Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority. This is the time and place for the general public to address the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council from addressing any issue not previously included on the Agenda. The Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon without discussion unless an item is removed by Council Member for discussion. Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar. D. CONSENT CALENDAR D1.Consideration of Meeting Minutes for the Regular Meetings of November 17, 2021. D2.Consideration to Approve City and Fire District Bi­Weekly Payroll in the Total Amount of $1,902,322.32 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $7,220,700.83 Dated December 06, 2021 Through December 16, 2021. (CITY/FIRE) D3.Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $14,238.90 Dated December 06, 2021 Through December 16, 2021. (CITY/FIRE) D4.Consideration of a Professional Services Agreement with University Enterprises Corporation on behalf of Inland Empire Small Business Development Center for Business Consulting Services in the Amount of $25,000. (CITY) E. CONSENT CALENDAR ORDINANCE(S) ­ SECOND READING/ADOPTION E1.Consideration of Second Reading and Adoption of the Following: ORDINANCE NO. 991 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING CHAPTER 3.76 TO THE RANCHO CUCAMONGA MUNICIPAL CODE TO ESTABLISH AN AFFORDABLE HOUSING DEVELOPMENT IMPACT FEE F. ADMINISTRATIVE HEARING ITEM(S) G. ADVERTISED PUBLIC HEARINGS ITEM(S) ­ CITY/FIRE DISTRICT G1.Public Hearing to Consider First Reading of City Council Ordinance No. 992, to Approve Prezoning (DRC2020­00186), Consent to a Proposed Annexation, and Adopt an Associated Plan for Service (DRC2020­00185), and City Council Ordinance No. 993 to Approve Development Agreement (DRC2021­00175), Each to be Read by Title Only and Waive Further Reading: to Consider City Council Resolutions to Adopt General Plan Amendment (DRC2020­00184), Tentative Parcel Map (SUBTPM20251), Design Review (DRC2020­00177), Conditional Use Permit (DRC2021­00317), Uniform Sign Program (DRC2020­00178), and Certification of Environmental Impact Report, Make Findings Pursuant to the Environmental Quality Act, and Adopt a Mitigation Monitoring and Reporting Program (SCH No. 2020090076) to Allow for the Development of Two Industrial Warehouse Buildings totaling approximately 655,878 square feet on an approximate 35­acre project site Located Approximately 650 East of Etiwanda Avenue, North of Napa Street; APNS: 0229­291­23, ­46, and ­54. The Rancho Cucamonga Fire Protection District Will Also Consider a Resolution to Consent to the Proposed Annexation and Adoption of a Plan (DRC2020­00185) for the Same Project. (RESOLUTION NOS. 2022­001, 2022­002, 2022­003, 2022­004 & 2022­005, 2022­006 AND FD2022­001) (ORDINANCE NOS. 992 & 993) (CITY/FIRE) H. CITY MANAGER'S STAFF REPORT(S) H1.Consideration to Approve an Amendment to the City Manager’s Employment Agreement. (CITY) I. COUNCIL BUSINESS I1.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I2.INTER​AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) J. CITY ATTORNEY ITEMS K. IDENTIFICATION OF ITEMS FOR NEXT MEETING L. ADJOURNMENT CERTIFICATION I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least twenty​four (24) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California; 12505 Cultural Center Drive, Rancho Cucamonga, CA, 91739; and on the City's website.  LINDA A. TROYAN, MMC CITY CLERK SERVICES DIRECTOR If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477­2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired.  CITY COUNCIL VISION STATEMENT “Our Vision is to build on our success as a world class community,to create an equitable,sustainable,and vibrant city,rich in opportunity for all to thrive.” Page 5 MayorL. Dennis MichaelMayor Pro TemLynne B. KennedyMembers of the CityCouncil:Ryan A. HutchisonKristine D. ScottSam Spagnolo AMENDED AGENDA(ITEM A1 ADDED TO AGENDA  1/4/2022 4:30PM)CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDAJanuary 5, 202210500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY­ SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TRI­COMMUNITIES ROOM 4:30 P.M.REGULAR MEETINGS        COUNCIL CHAMBERS 7:00 P.M.The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in theCouncil Chambers located at 10500 Civic Center Drive.  It Is the Intent to conclude the meeting by 10:00p.m. unless extended by the concurrence of the City Council.  Agendas, minutes, and recordings ofmeetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 909­774­2023. LiveBroadcast available on Channel 3 (RCTV­3).In accordance with AB 361, and to ensure the health and safety of our residents by limiting contact thatcould spread the COVID–19 virus, members of the public have the option to participate in this CityCouncil/Fire District meeting via a teleconference.  Members of the public may also attend the meeting inperson.  Those wishing to speak during public communication may call at the start of the meeting by dialing(909)774­2751, if speaking on a Public Hearing item, please dial in when the Public Hearing is being heardat (909)774­2751 to be added to the queue for public comment. Calls will be answered in the order received. Members of the public are encouraged to watch from the safety of their homes by Live Streaming on theCity's website at https://www.cityofrc.us/your­government/city­council­agendas or Local Cable: RCTV­3Programming.  The City of Rancho Cucamonga thanks you in advance for taking all precautions to preventspreading the COVID­19 virus.CLOSED SESSION – 4:30 P.M.  TRI­COMMUNITIES ROOM ROLL CALL: Mayor Michael                        Mayor Pro Tem Kennedy                        Council Members Hutchison, Scott, and Spagnolo A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)C. CITY MANAGER ANNOUNCEMENTSD. CONDUCT OF CLOSED SESSIOND1.CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCESDIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONSWITH THE RANCHO CUCAMONGA CITY EMPLOYEES’ ASSOCIATION (RCCEA), TEAMSTERSLOCAL 1932, RANCHO CUCAMONGA MANAGEMENT ASSOCIATION, EXECUTIVE MANAGEMENTGROUP – (CITY/FIRE)D2.CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATIONPURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION54956.9: 1 CASE – (CITY)D3.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT THE TERMINUS OF SMOKESTONE STREET, EAST OFTORREY PINE COURT, RANCHO CUCAMONGA, CALIFORNIA 91739, IDENTIFIED AS COUNTYASSESSOR’S PARCEL NUMBER 0228​044​24, NEGOTIATING PARTIES JOHN GILLISON, CITYMANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND CHAO PING YANG;REGARDING PRICE AND TERMS. – (CITY)D4.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TOPARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE’S INC. V.CITY OF RANCHO CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OFCALIFORNIA, CASE NO. 5:20CV02506JGBSP – (CITY)D5.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1)OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: HIMNEL USA, INC. d/b/a ST. MARY'SMONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OF RANCHOCUCAMONGA, SBSC CASE NO.: CIVDS 2014554. – (CITY)D6.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHOCUCAMONGA V. DR LANDMARK, INC.; POWER MEDIC TECHNOLOGIES, INC.; HOFERPROPERTIES, LLC; AND DOES 1 THROUGH 5 INCLUSIVE, SBSC CASE NO.: CIVDS 1904713 –(CITY)D7.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8949 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229​162​22; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATINGPARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)D8.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8783 ETIWANDA AVENUE/12949 WHITTRAM AVENUE,FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER0229­162­14; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND,PACIFIC, AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KULARTRUCK LINE, INC., OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNINGPRICE.  NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SETFORTH ABOVE. – (CITY)D9.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229​162​23; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATINGPARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)D10.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­162­22; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC, AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTHABOVE. – (CITY)D11.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8768 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­131­16; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND SCG/DP ETIWANDA LLC,A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TONEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THEPROPERTY OWNERS SET FORTH ABOVE. – (CITY)D12.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8996 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­283­79; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BTC III RANCHOCUCAMONGA LOGISTICS CENTER LP, A DELAWARE LIMITED LIABILITY COMPANY, OWNER;REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIESMAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)D13.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8821 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­162­15; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND WILLIAM A. JONES ANDJOAN F. JONES, TRUSTEES OF THE JONES FAMILY TRUST OF 2010, AS TO AN UNDIVIDEDONE­THIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANN GARNESS,UNDIVIDED ONE­THIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANNGARNESS, TRUSTEES OF THE GARNESS FAMILY TRUST DATED JUNE 28, 2012, AS TO ANUNDIVIDED ONE­THIRD (1/3) INTEREST, AND JOHN S. CLEMONS AND PATRICIA R. CLEMONS,TRUSTEES OF THE CLEMONS REVOCABLE TRUST DATED DECEMBER 4, 2014, AS TO ANUNDIVIDED ONE­THIRD (1/3) INTEREST, AS TENANTS IN COMMON, OWNER; REGARDINGINSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAYNEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)D14.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8688 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­131­31; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND GOODMAN RANCHO SPELLC, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TONEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THEPROPERTY OWNERS SET FORTH ABOVE. – (CITY)D15.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8889 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­291­17; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND LIGHTNING P.M. LLC, ACALIFORNIA LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TONEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THEPROPERTY OWNERS SET FORTH ABOVE. – (CITY)D16.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8685 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­151­28, FORMALLY0229­151­15; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT,OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA,AND COLOMBERO FAMILY LIMITED PARTNERSHIP, OWNER; REGARDING INSTRUCTIONS TONEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THEPROPERTY OWNERS SET FORTH ABOVE. – (CITY)D17.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8717 AND 8733 ETIWANDA AVENUE AND 12928 AND12934 WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAXASSESSOR'S PARCEL NUMBERS 0229­161­02, 0229­161­03, 0229­16­104, AND 0229­161­05;NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND,PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, ANDCOLOMBERO FAMILY LIMITED PARTNERSHIP, OWNER; REGARDING INSTRUCTIONS TONEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THEPROPERTY OWNERS SET FORTH ABOVE. – (CITY)D18.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8939 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­291­55; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BCORE IE WESTOWNER LLC, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE.NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTHABOVE. – (CITY)D19.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD IDENTIFIED AS PARCELNUMBERS 1090331030000, 1090331040000, 1089581040000; NEGOTIATING PARTIES JOHNGILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, ANDJOSEPH FILIPPI, JOSEPH FILIPPI WINERY AND VINEYARDS; REGARDING PRICE AND TERMS.– (CITY)E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the Council Chambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California. REGULAR MEETING – 7:00 P.M. COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE ROLL CALL:Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison, Scott, and Spagnolo A. AMENDMENTS TO THE AGENDA A1.AB 361 Findings for Special Brown Act Requirements for Teleconference Meetings. (CITY/FIRE) B. ANNOUNCEMENT / PRESENTATIONS B1.Administration of Oath of Office to Nicholas Ghirelli, City Attorney.  B2.Presentation of a Proclamation to Outgoing Historic Preservation/Planning Commissioners Tony Guglielmo and Francisco Oaxaca for their Dedicated Service to the Historic Preservation/Planning Commission. B3.Presentation of a Certificate of Recognition to the Rancho Cucamonga High School Resource Officer Deputy John Cadogan and School Nurse Yolanda Warren for Heroically Saving the Life of a Student on Campus. C. PUBLIC COMMUNICATIONS Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority. This is the time and place for the general public to address the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council from addressing any issue not previously included on the Agenda. The Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon without discussion unless an item is removed by Council Member for discussion. Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar. D. CONSENT CALENDAR D1.Consideration of Meeting Minutes for the Regular Meetings of November 17, 2021. D2.Consideration to Approve City and Fire District Bi­Weekly Payroll in the Total Amount of $1,902,322.32 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $7,220,700.83 Dated December 06, 2021 Through December 16, 2021. (CITY/FIRE) D3.Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $14,238.90 Dated December 06, 2021 Through December 16, 2021. (CITY/FIRE) D4.Consideration of a Professional Services Agreement with University Enterprises Corporation on behalf of Inland Empire Small Business Development Center for Business Consulting Services in the Amount of $25,000. (CITY) E. CONSENT CALENDAR ORDINANCE(S) ­ SECOND READING/ADOPTION E1.Consideration of Second Reading and Adoption of the Following: ORDINANCE NO. 991 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING CHAPTER 3.76 TO THE RANCHO CUCAMONGA MUNICIPAL CODE TO ESTABLISH AN AFFORDABLE HOUSING DEVELOPMENT IMPACT FEE F. ADMINISTRATIVE HEARING ITEM(S) G. ADVERTISED PUBLIC HEARINGS ITEM(S) ­ CITY/FIRE DISTRICT G1.Public Hearing to Consider First Reading of City Council Ordinance No. 992, to Approve Prezoning (DRC2020­00186), Consent to a Proposed Annexation, and Adopt an Associated Plan for Service (DRC2020­00185), and City Council Ordinance No. 993 to Approve Development Agreement (DRC2021­00175), Each to be Read by Title Only and Waive Further Reading: to Consider City Council Resolutions to Adopt General Plan Amendment (DRC2020­00184), Tentative Parcel Map (SUBTPM20251), Design Review (DRC2020­00177), Conditional Use Permit (DRC2021­00317), Uniform Sign Program (DRC2020­00178), and Certification of Environmental Impact Report, Make Findings Pursuant to the Environmental Quality Act, and Adopt a Mitigation Monitoring and Reporting Program (SCH No. 2020090076) to Allow for the Development of Two Industrial Warehouse Buildings totaling approximately 655,878 square feet on an approximate 35­acre project site Located Approximately 650 East of Etiwanda Avenue, North of Napa Street; APNS: 0229­291­23, ­46, and ­54. The Rancho Cucamonga Fire Protection District Will Also Consider a Resolution to Consent to the Proposed Annexation and Adoption of a Plan (DRC2020­00185) for the Same Project. (RESOLUTION NOS. 2022­001, 2022­002, 2022­003, 2022­004 & 2022­005, 2022­006 AND FD2022­001) (ORDINANCE NOS. 992 & 993) (CITY/FIRE) H. CITY MANAGER'S STAFF REPORT(S) H1.Consideration to Approve an Amendment to the City Manager’s Employment Agreement. (CITY) I. COUNCIL BUSINESS I1.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I2.INTER​AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) J. CITY ATTORNEY ITEMS K. IDENTIFICATION OF ITEMS FOR NEXT MEETING L. ADJOURNMENT CERTIFICATION I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least twenty​four (24) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California; 12505 Cultural Center Drive, Rancho Cucamonga, CA, 91739; and on the City's website.  LINDA A. TROYAN, MMC CITY CLERK SERVICES DIRECTOR If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477­2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired.  CITY COUNCIL VISION STATEMENT “Our Vision is to build on our success as a world class community,to create an equitable,sustainable,and vibrant city,rich in opportunity for all to thrive.” Page 6 MayorL. Dennis MichaelMayor Pro TemLynne B. KennedyMembers of the CityCouncil:Ryan A. HutchisonKristine D. ScottSam Spagnolo AMENDED AGENDA(ITEM A1 ADDED TO AGENDA  1/4/2022 4:30PM)CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDAJanuary 5, 202210500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY­ SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TRI­COMMUNITIES ROOM 4:30 P.M.REGULAR MEETINGS        COUNCIL CHAMBERS 7:00 P.M.The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in theCouncil Chambers located at 10500 Civic Center Drive.  It Is the Intent to conclude the meeting by 10:00p.m. unless extended by the concurrence of the City Council.  Agendas, minutes, and recordings ofmeetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 909­774­2023. LiveBroadcast available on Channel 3 (RCTV­3).In accordance with AB 361, and to ensure the health and safety of our residents by limiting contact thatcould spread the COVID–19 virus, members of the public have the option to participate in this CityCouncil/Fire District meeting via a teleconference.  Members of the public may also attend the meeting inperson.  Those wishing to speak during public communication may call at the start of the meeting by dialing(909)774­2751, if speaking on a Public Hearing item, please dial in when the Public Hearing is being heardat (909)774­2751 to be added to the queue for public comment. Calls will be answered in the order received. Members of the public are encouraged to watch from the safety of their homes by Live Streaming on theCity's website at https://www.cityofrc.us/your­government/city­council­agendas or Local Cable: RCTV­3Programming.  The City of Rancho Cucamonga thanks you in advance for taking all precautions to preventspreading the COVID­19 virus.CLOSED SESSION – 4:30 P.M.  TRI­COMMUNITIES ROOM ROLL CALL: Mayor Michael                        Mayor Pro Tem Kennedy                        Council Members Hutchison, Scott, and Spagnolo A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)C. CITY MANAGER ANNOUNCEMENTSD. CONDUCT OF CLOSED SESSIOND1.CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCESDIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONSWITH THE RANCHO CUCAMONGA CITY EMPLOYEES’ ASSOCIATION (RCCEA), TEAMSTERSLOCAL 1932, RANCHO CUCAMONGA MANAGEMENT ASSOCIATION, EXECUTIVE MANAGEMENTGROUP – (CITY/FIRE)D2.CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATIONPURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION54956.9: 1 CASE – (CITY)D3.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT THE TERMINUS OF SMOKESTONE STREET, EAST OFTORREY PINE COURT, RANCHO CUCAMONGA, CALIFORNIA 91739, IDENTIFIED AS COUNTYASSESSOR’S PARCEL NUMBER 0228​044​24, NEGOTIATING PARTIES JOHN GILLISON, CITYMANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND CHAO PING YANG;REGARDING PRICE AND TERMS. – (CITY)D4.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TOPARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE’S INC. V.CITY OF RANCHO CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OFCALIFORNIA, CASE NO. 5:20CV02506JGBSP – (CITY)D5.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1)OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: HIMNEL USA, INC. d/b/a ST. MARY'SMONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OF RANCHOCUCAMONGA, SBSC CASE NO.: CIVDS 2014554. – (CITY)D6.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHOCUCAMONGA V. DR LANDMARK, INC.; POWER MEDIC TECHNOLOGIES, INC.; HOFERPROPERTIES, LLC; AND DOES 1 THROUGH 5 INCLUSIVE, SBSC CASE NO.: CIVDS 1904713 –(CITY)D7.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8949 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229​162​22; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATINGPARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)D8.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8783 ETIWANDA AVENUE/12949 WHITTRAM AVENUE,FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER0229­162­14; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND,PACIFIC, AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KULARTRUCK LINE, INC., OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNINGPRICE.  NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SETFORTH ABOVE. – (CITY)D9.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229​162​23; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATINGPARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)D10.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­162­22; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC, AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTHABOVE. – (CITY)D11.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8768 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­131­16; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND SCG/DP ETIWANDA LLC,A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TONEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THEPROPERTY OWNERS SET FORTH ABOVE. – (CITY)D12.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8996 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­283­79; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BTC III RANCHOCUCAMONGA LOGISTICS CENTER LP, A DELAWARE LIMITED LIABILITY COMPANY, OWNER;REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIESMAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)D13.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8821 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­162­15; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND WILLIAM A. JONES ANDJOAN F. JONES, TRUSTEES OF THE JONES FAMILY TRUST OF 2010, AS TO AN UNDIVIDEDONE­THIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANN GARNESS,UNDIVIDED ONE­THIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANNGARNESS, TRUSTEES OF THE GARNESS FAMILY TRUST DATED JUNE 28, 2012, AS TO ANUNDIVIDED ONE­THIRD (1/3) INTEREST, AND JOHN S. CLEMONS AND PATRICIA R. CLEMONS,TRUSTEES OF THE CLEMONS REVOCABLE TRUST DATED DECEMBER 4, 2014, AS TO ANUNDIVIDED ONE­THIRD (1/3) INTEREST, AS TENANTS IN COMMON, OWNER; REGARDINGINSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAYNEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)D14.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8688 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­131­31; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND GOODMAN RANCHO SPELLC, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TONEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THEPROPERTY OWNERS SET FORTH ABOVE. – (CITY)D15.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8889 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­291­17; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND LIGHTNING P.M. LLC, ACALIFORNIA LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TONEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THEPROPERTY OWNERS SET FORTH ABOVE. – (CITY)D16.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8685 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­151­28, FORMALLY0229­151­15; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT,OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA,AND COLOMBERO FAMILY LIMITED PARTNERSHIP, OWNER; REGARDING INSTRUCTIONS TONEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THEPROPERTY OWNERS SET FORTH ABOVE. – (CITY)D17.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8717 AND 8733 ETIWANDA AVENUE AND 12928 AND12934 WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAXASSESSOR'S PARCEL NUMBERS 0229­161­02, 0229­161­03, 0229­16­104, AND 0229­161­05;NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND,PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, ANDCOLOMBERO FAMILY LIMITED PARTNERSHIP, OWNER; REGARDING INSTRUCTIONS TONEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THEPROPERTY OWNERS SET FORTH ABOVE. – (CITY)D18.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8939 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­291­55; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BCORE IE WESTOWNER LLC, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE.NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTHABOVE. – (CITY)D19.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD IDENTIFIED AS PARCELNUMBERS 1090331030000, 1090331040000, 1089581040000; NEGOTIATING PARTIES JOHNGILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, ANDJOSEPH FILIPPI, JOSEPH FILIPPI WINERY AND VINEYARDS; REGARDING PRICE AND TERMS.– (CITY)E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the CouncilChambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.REGULAR MEETING – 7:00 P.M.COUNCIL CHAMBERSPLEDGE OF ALLEGIANCEROLL CALL:Mayor MichaelMayor Pro Tem KennedyCouncil Members Hutchison, Scott, and SpagnoloA. AMENDMENTS TO THE AGENDAA1.AB 361 Findings for Special Brown Act Requirements for Teleconference Meetings. (CITY/FIRE)B. ANNOUNCEMENT / PRESENTATIONSB1.Administration of Oath of Office to Nicholas Ghirelli, City Attorney. B2.Presentation of a Proclamation to Outgoing Historic Preservation/Planning Commissioners TonyGuglielmo and Francisco Oaxaca for their Dedicated Service to the Historic Preservation/PlanningCommission.B3.Presentation of a Certificate of Recognition to the Rancho Cucamonga High School Resource OfficerDeputy John Cadogan and School Nurse Yolanda Warren for Heroically Saving the Life of a Studenton Campus.C. PUBLIC COMMUNICATIONSMembers of the City Council also sit as the Fire Board, Housing Successor Agency, SuccessorAgency, and Public Finance Authority. This is the time and place for the general public to addressthe Fire Protection District, Housing Successor Agency, Successor Agency, Public FinancingAuthority Board, and City Council on any item listed or not listed on the agenda. State law prohibits theFire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board,and City Council from addressing any issue not previously included on the Agenda. The Fire ProtectionDistrict, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Councilmay receive testimony and set the matter for a subsequent meeting.Comments are to be limited to five minutes per individual or less, as deemed necessary by theMayor, depending upon the number of individuals desiring to speak. All communications are to beaddressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to themembers of the audience. This is a professional business meeting and courtesy and decorum are expected.Please refrain from any debate between audience and speaker, making loud noises, or engaging in anyactivity which might be disruptive to the decorum of the meeting.The public communications period will not exceed one hour prior to the commencement of thebusiness portion of the agenda. During this one hour period, all those who wish to speak on a topiccontained in the business portion of the agenda will be given priority, and no further speaker cards for thesebusiness items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon without discussion unless an item is removed by Council Member for discussion. Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar. D. CONSENT CALENDAR D1.Consideration of Meeting Minutes for the Regular Meetings of November 17, 2021. D2.Consideration to Approve City and Fire District Bi­Weekly Payroll in the Total Amount of $1,902,322.32 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $7,220,700.83 Dated December 06, 2021 Through December 16, 2021. (CITY/FIRE) D3.Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $14,238.90 Dated December 06, 2021 Through December 16, 2021. (CITY/FIRE) D4.Consideration of a Professional Services Agreement with University Enterprises Corporation on behalf of Inland Empire Small Business Development Center for Business Consulting Services in the Amount of $25,000. (CITY) E. CONSENT CALENDAR ORDINANCE(S) ­ SECOND READING/ADOPTION E1.Consideration of Second Reading and Adoption of the Following: ORDINANCE NO. 991 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING CHAPTER 3.76 TO THE RANCHO CUCAMONGA MUNICIPAL CODE TO ESTABLISH AN AFFORDABLE HOUSING DEVELOPMENT IMPACT FEE F. ADMINISTRATIVE HEARING ITEM(S) G. ADVERTISED PUBLIC HEARINGS ITEM(S) ­ CITY/FIRE DISTRICT G1.Public Hearing to Consider First Reading of City Council Ordinance No. 992, to Approve Prezoning (DRC2020­00186), Consent to a Proposed Annexation, and Adopt an Associated Plan for Service (DRC2020­00185), and City Council Ordinance No. 993 to Approve Development Agreement (DRC2021­00175), Each to be Read by Title Only and Waive Further Reading: to Consider City Council Resolutions to Adopt General Plan Amendment (DRC2020­00184), Tentative Parcel Map (SUBTPM20251), Design Review (DRC2020­00177), Conditional Use Permit (DRC2021­00317), Uniform Sign Program (DRC2020­00178), and Certification of Environmental Impact Report, Make Findings Pursuant to the Environmental Quality Act, and Adopt a Mitigation Monitoring and Reporting Program (SCH No. 2020090076) to Allow for the Development of Two Industrial Warehouse Buildings totaling approximately 655,878 square feet on an approximate 35­acre project site Located Approximately 650 East of Etiwanda Avenue, North of Napa Street; APNS: 0229­291­23, ­46, and ­54. The Rancho Cucamonga Fire Protection District Will Also Consider a Resolution to Consent to the Proposed Annexation and Adoption of a Plan (DRC2020­00185) for the Same Project. (RESOLUTION NOS. 2022­001, 2022­002, 2022­003, 2022­004 & 2022­005, 2022­006 AND FD2022­001) (ORDINANCE NOS. 992 & 993) (CITY/FIRE) H. CITY MANAGER'S STAFF REPORT(S) H1.Consideration to Approve an Amendment to the City Manager’s Employment Agreement. (CITY) I. COUNCIL BUSINESS I1.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I2.INTER​AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) J. CITY ATTORNEY ITEMS K. IDENTIFICATION OF ITEMS FOR NEXT MEETING L. ADJOURNMENT CERTIFICATION I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least twenty​four (24) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California; 12505 Cultural Center Drive, Rancho Cucamonga, CA, 91739; and on the City's website.  LINDA A. TROYAN, MMC CITY CLERK SERVICES DIRECTOR If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477­2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired.  CITY COUNCIL VISION STATEMENT “Our Vision is to build on our success as a world class community,to create an equitable,sustainable,and vibrant city,rich in opportunity for all to thrive.” Page 7 MayorL. Dennis MichaelMayor Pro TemLynne B. KennedyMembers of the CityCouncil:Ryan A. HutchisonKristine D. ScottSam Spagnolo AMENDED AGENDA(ITEM A1 ADDED TO AGENDA  1/4/2022 4:30PM)CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDAJanuary 5, 202210500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY­ SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TRI­COMMUNITIES ROOM 4:30 P.M.REGULAR MEETINGS        COUNCIL CHAMBERS 7:00 P.M.The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in theCouncil Chambers located at 10500 Civic Center Drive.  It Is the Intent to conclude the meeting by 10:00p.m. unless extended by the concurrence of the City Council.  Agendas, minutes, and recordings ofmeetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 909­774­2023. LiveBroadcast available on Channel 3 (RCTV­3).In accordance with AB 361, and to ensure the health and safety of our residents by limiting contact thatcould spread the COVID–19 virus, members of the public have the option to participate in this CityCouncil/Fire District meeting via a teleconference.  Members of the public may also attend the meeting inperson.  Those wishing to speak during public communication may call at the start of the meeting by dialing(909)774­2751, if speaking on a Public Hearing item, please dial in when the Public Hearing is being heardat (909)774­2751 to be added to the queue for public comment. Calls will be answered in the order received. Members of the public are encouraged to watch from the safety of their homes by Live Streaming on theCity's website at https://www.cityofrc.us/your­government/city­council­agendas or Local Cable: RCTV­3Programming.  The City of Rancho Cucamonga thanks you in advance for taking all precautions to preventspreading the COVID­19 virus.CLOSED SESSION – 4:30 P.M.  TRI­COMMUNITIES ROOM ROLL CALL: Mayor Michael                        Mayor Pro Tem Kennedy                        Council Members Hutchison, Scott, and Spagnolo A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)C. CITY MANAGER ANNOUNCEMENTSD. CONDUCT OF CLOSED SESSIOND1.CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCESDIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONSWITH THE RANCHO CUCAMONGA CITY EMPLOYEES’ ASSOCIATION (RCCEA), TEAMSTERSLOCAL 1932, RANCHO CUCAMONGA MANAGEMENT ASSOCIATION, EXECUTIVE MANAGEMENTGROUP – (CITY/FIRE)D2.CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATIONPURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION54956.9: 1 CASE – (CITY)D3.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT THE TERMINUS OF SMOKESTONE STREET, EAST OFTORREY PINE COURT, RANCHO CUCAMONGA, CALIFORNIA 91739, IDENTIFIED AS COUNTYASSESSOR’S PARCEL NUMBER 0228​044​24, NEGOTIATING PARTIES JOHN GILLISON, CITYMANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND CHAO PING YANG;REGARDING PRICE AND TERMS. – (CITY)D4.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TOPARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE’S INC. V.CITY OF RANCHO CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OFCALIFORNIA, CASE NO. 5:20CV02506JGBSP – (CITY)D5.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1)OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: HIMNEL USA, INC. d/b/a ST. MARY'SMONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OF RANCHOCUCAMONGA, SBSC CASE NO.: CIVDS 2014554. – (CITY)D6.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHOCUCAMONGA V. DR LANDMARK, INC.; POWER MEDIC TECHNOLOGIES, INC.; HOFERPROPERTIES, LLC; AND DOES 1 THROUGH 5 INCLUSIVE, SBSC CASE NO.: CIVDS 1904713 –(CITY)D7.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8949 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229​162​22; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATINGPARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)D8.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8783 ETIWANDA AVENUE/12949 WHITTRAM AVENUE,FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER0229­162­14; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND,PACIFIC, AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KULARTRUCK LINE, INC., OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNINGPRICE.  NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SETFORTH ABOVE. – (CITY)D9.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229​162​23; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATINGPARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)D10.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­162­22; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC, AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTHABOVE. – (CITY)D11.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8768 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­131­16; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND SCG/DP ETIWANDA LLC,A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TONEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THEPROPERTY OWNERS SET FORTH ABOVE. – (CITY)D12.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8996 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­283­79; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BTC III RANCHOCUCAMONGA LOGISTICS CENTER LP, A DELAWARE LIMITED LIABILITY COMPANY, OWNER;REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIESMAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)D13.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8821 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­162­15; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND WILLIAM A. JONES ANDJOAN F. JONES, TRUSTEES OF THE JONES FAMILY TRUST OF 2010, AS TO AN UNDIVIDEDONE­THIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANN GARNESS,UNDIVIDED ONE­THIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANNGARNESS, TRUSTEES OF THE GARNESS FAMILY TRUST DATED JUNE 28, 2012, AS TO ANUNDIVIDED ONE­THIRD (1/3) INTEREST, AND JOHN S. CLEMONS AND PATRICIA R. CLEMONS,TRUSTEES OF THE CLEMONS REVOCABLE TRUST DATED DECEMBER 4, 2014, AS TO ANUNDIVIDED ONE­THIRD (1/3) INTEREST, AS TENANTS IN COMMON, OWNER; REGARDINGINSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAYNEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)D14.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8688 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­131­31; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND GOODMAN RANCHO SPELLC, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TONEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THEPROPERTY OWNERS SET FORTH ABOVE. – (CITY)D15.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8889 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­291­17; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND LIGHTNING P.M. LLC, ACALIFORNIA LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TONEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THEPROPERTY OWNERS SET FORTH ABOVE. – (CITY)D16.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8685 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­151­28, FORMALLY0229­151­15; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT,OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA,AND COLOMBERO FAMILY LIMITED PARTNERSHIP, OWNER; REGARDING INSTRUCTIONS TONEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THEPROPERTY OWNERS SET FORTH ABOVE. – (CITY)D17.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8717 AND 8733 ETIWANDA AVENUE AND 12928 AND12934 WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAXASSESSOR'S PARCEL NUMBERS 0229­161­02, 0229­161­03, 0229­16­104, AND 0229­161­05;NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND,PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, ANDCOLOMBERO FAMILY LIMITED PARTNERSHIP, OWNER; REGARDING INSTRUCTIONS TONEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THEPROPERTY OWNERS SET FORTH ABOVE. – (CITY)D18.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8939 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229­291­55; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, ANDCUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BCORE IE WESTOWNER LLC, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE.NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTHABOVE. – (CITY)D19.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD IDENTIFIED AS PARCELNUMBERS 1090331030000, 1090331040000, 1089581040000; NEGOTIATING PARTIES JOHNGILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, ANDJOSEPH FILIPPI, JOSEPH FILIPPI WINERY AND VINEYARDS; REGARDING PRICE AND TERMS.– (CITY)E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the CouncilChambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.REGULAR MEETING – 7:00 P.M.COUNCIL CHAMBERSPLEDGE OF ALLEGIANCEROLL CALL:Mayor MichaelMayor Pro Tem KennedyCouncil Members Hutchison, Scott, and SpagnoloA. AMENDMENTS TO THE AGENDAA1.AB 361 Findings for Special Brown Act Requirements for Teleconference Meetings. (CITY/FIRE)B. ANNOUNCEMENT / PRESENTATIONSB1.Administration of Oath of Office to Nicholas Ghirelli, City Attorney. B2.Presentation of a Proclamation to Outgoing Historic Preservation/Planning Commissioners TonyGuglielmo and Francisco Oaxaca for their Dedicated Service to the Historic Preservation/PlanningCommission.B3.Presentation of a Certificate of Recognition to the Rancho Cucamonga High School Resource OfficerDeputy John Cadogan and School Nurse Yolanda Warren for Heroically Saving the Life of a Studenton Campus.C. PUBLIC COMMUNICATIONSMembers of the City Council also sit as the Fire Board, Housing Successor Agency, SuccessorAgency, and Public Finance Authority. This is the time and place for the general public to addressthe Fire Protection District, Housing Successor Agency, Successor Agency, Public FinancingAuthority Board, and City Council on any item listed or not listed on the agenda. State law prohibits theFire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board,and City Council from addressing any issue not previously included on the Agenda. The Fire ProtectionDistrict, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Councilmay receive testimony and set the matter for a subsequent meeting.Comments are to be limited to five minutes per individual or less, as deemed necessary by theMayor, depending upon the number of individuals desiring to speak. All communications are to beaddressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to themembers of the audience. This is a professional business meeting and courtesy and decorum are expected.Please refrain from any debate between audience and speaker, making loud noises, or engaging in anyactivity which might be disruptive to the decorum of the meeting.The public communications period will not exceed one hour prior to the commencement of thebusiness portion of the agenda. During this one hour period, all those who wish to speak on a topiccontained in the business portion of the agenda will be given priority, and no further speaker cards for thesebusiness items (with the exception of public hearing items) will be accepted once the business portion of theagenda commences. Any other public communications which have not concluded during this one hour periodmay resume after the regular business portion of the agenda has been completed.CONSENT CALENDARS:The following Consent Calendar items are expected to be routine and noncontroversial. They will be actedupon without discussion unless an item is removed by Council Member for discussion.Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, andPublic Finance Authority and may act on the consent calendar for those bodies as part of a single motion withthe City Council consent calendar.D. CONSENT CALENDARD1.Consideration of Meeting Minutes for the Regular Meetings of November 17, 2021.D2.Consideration to Approve City and Fire District Bi­Weekly Payroll in the Total Amount of$1,902,322.32 and City and Fire District Weekly Check Registers (Excluding Checks Issued toSouthern California Gas Company) in the Total Amount of $7,220,700.83 Dated December 06,2021 Through December 16, 2021. (CITY/FIRE)D3.Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued toSouthern California Gas Company in the Total Amount of $14,238.90 Dated December 06,2021 Through December 16, 2021. (CITY/FIRE)D4.Consideration of a Professional Services Agreement with University Enterprises Corporationon behalf of Inland Empire Small Business Development Center for Business ConsultingServices in the Amount of $25,000. (CITY)E. CONSENT CALENDAR ORDINANCE(S) ­ SECOND READING/ADOPTIONE1.Consideration of Second Reading and Adoption of the Following:ORDINANCE NO. 991AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING CHAPTER3.76 TO THE RANCHO CUCAMONGA MUNICIPAL CODE TO ESTABLISH AN AFFORDABLEHOUSING DEVELOPMENT IMPACT FEEF. ADMINISTRATIVE HEARING ITEM(S)G. ADVERTISED PUBLIC HEARINGS ITEM(S) ­ CITY/FIRE DISTRICTG1.Public Hearing to Consider First Reading of City Council Ordinance No. 992, to Approve Prezoning(DRC2020­00186), Consent to a Proposed Annexation, and Adopt an Associated Plan for Service(DRC2020­00185), and City Council Ordinance No. 993 to Approve Development Agreement(DRC2021­00175), Each to be Read by Title Only and Waive Further Reading: to Consider CityCouncil Resolutions to Adopt General Plan Amendment (DRC2020­00184), Tentative Parcel Map(SUBTPM20251), Design Review (DRC2020­00177), Conditional Use Permit (DRC2021­00317),Uniform Sign Program (DRC2020­00178), and Certification of Environmental Impact Report, MakeFindings Pursuant to the Environmental Quality Act, and Adopt a Mitigation Monitoring and Reporting Program (SCH No. 2020090076) to Allow for the Development of Two Industrial Warehouse Buildings totaling approximately 655,878 square feet on an approximate 35­acre project site Located Approximately 650 East of Etiwanda Avenue, North of Napa Street; APNS: 0229­291­23, ­46, and ­54. The Rancho Cucamonga Fire Protection District Will Also Consider a Resolution to Consent to the Proposed Annexation and Adoption of a Plan (DRC2020­00185) for the Same Project. (RESOLUTION NOS. 2022­001, 2022­002, 2022­003, 2022­004 & 2022­005, 2022­006 AND FD2022­001) (ORDINANCE NOS. 992 & 993) (CITY/FIRE) H. CITY MANAGER'S STAFF REPORT(S) H1.Consideration to Approve an Amendment to the City Manager’s Employment Agreement. (CITY) I. COUNCIL BUSINESS I1.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I2.INTER​AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) J. CITY ATTORNEY ITEMS K. IDENTIFICATION OF ITEMS FOR NEXT MEETING L. ADJOURNMENT CERTIFICATION I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least twenty​four (24) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California; 12505 Cultural Center Drive, Rancho Cucamonga, CA, 91739; and on the City's website.  LINDA A. TROYAN, MMC CITY CLERK SERVICES DIRECTOR If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477­2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired.  CITY COUNCIL VISION STATEMENT “Our Vision is to build on our success as a world class community,to create an equitable,sustainable,and vibrant city,rich in opportunity for all to thrive.” Page 8 DATE:January 5, 2022 TO:Mayor and Members of the City Council President and Members of the Boards of Directors FROM:John R. Gillison, City Manager INITIATED BY:Linda A. Troyan, MMC, City Clerk Services Director SUBJECT:AB 361 Findings for Special Brown Act Requirements for Teleconference Meetings. (CITY/FIRE) RECOMMENDATION: Staff recommends City Council/Board of Directors of the Fire Protection District make the following findings: (1) the City Council has reconsidered the circumstances of the COVID-19 state of emergency; and (2) the COVID-19 state of emergency continues to directly impact of the ability of the members of the City’s legislative bodies to meet safely in person. BACKGROUND: On March 4, 2020, Governor Newsom proclaimed a state of emergency to exist in California due to the spread of COVID-19. This proclamation is still in effect. The Governor subsequently issued numerous executive orders suspending or modifying state laws to facilitate the response to the emergency. Among other things, these executive orders superseded certain Brown Act requirements and established special rules to give local public agencies greater flexibility to conduct teleconference meetings. The special rules included provisions allowing local public agencies to conduct teleconference meetings without having to provide a physical location from which the public may attend or comment; without having to use teleconference locations that are publicly accessible; and without having to identify teleconference locations on the agenda. Those special rules expired on September 30, 2021. On September 16, 2021, in anticipation of then-imminent expiration of his special rules for teleconference meetings, Governor Newsom signed AB 361. In key part, this bill amends the Brown Act to establish special requirements for teleconference meetings if a legislative body of a local public agency makes two findings pursuant to Government Code Section 54953(e)(3). Like the special rules in the Governor’s executive orders, the special Brown Act requirements in AB 361 include provisions allowing public agencies to conduct teleconference meetings without having to use teleconference locations that are publicly accessible; and without having to identify teleconference locations on the agenda. The AB 361 special Brown Act requirements are scheduled be repealed on January 1, 2024. In order for a local public agency to be subject to the AB 361 special Brown Act requirements for teleconference meetings, a legislative body of a local public agency first must make a finding that it has “reconsidered” the circumstances of a declared state of emergency. Second, there must be a finding that such emergency continues to directly impact the ability of legislative body Page 9 Page 2 1 0 7 3 members to meet safely in person. Alternatively, for the second finding, there must be a finding that state or local officials continue to impose or recommend social distancing measures. These findings must be made within 30 days after the first teleconference under AB 361 and on a monthly basis thereafter. ANALYSIS: Due to the rapid spread of the Omicron variant of COVID-19 and potential exposure by city officials during the holidays, staff is recommending that the City Council make the necessary findings in order to authorize this meeting to be held as a teleconference meeting. Federal and state officials continue to recommend social distancing measures, including limiting in-door gatherings, in order to limit the spread of the highly transmissible Omicron variant of COVID-19. The potential COVID-19 exposures giving rise to this item only came to light after the agenda for this meeting was posted. The modification to the agenda to accommodate teleconferencing cannot wait until the next meeting. Under AB 361, the public must also be given an opportunity to participate in the meeting via a teleconference option, and the amended agenda provides call-in information. However, the public will continue to be permitted to attend the meeting in person. It is unclear if future meetings will require teleconferencing. FISCAL IMPACT: There is no fiscal impact caused by this item. The City already has the necessary equipment to hold a teleconferenced meeting. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item will allow Council Members and the public to safely participate in tonight’s City Council meeting. ATTACHMENTS: None. Page 10 DRAFT November 17, 2021 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 1 of 8 November 17, 2021 CITY OF RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCE AUTHORITY AND CITY COUNCIL REGULAR MEETINGS MINUTES The City Council of the City of Rancho Cucamonga held a closed session on Wednesday, November 17, 2021, in the Tri-Communities Conference Room at the Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 5:00 p.m. Present were Council Members: Ryan Hutchison, Kristine Scott, Sam Spagnolo, Mayor Pro Tem Lynne Kennedy, and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Nick Ghirelli, Assistant City Attorney; Lori Sassoon, Deputy City Manager/Administrative Services; Elisa Cox, Deputy City Manager/Cultural & Civic Services and Matt Burris, Deputy City Manager/Economic and Community Development. A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) No public communications were made. C. CITY MANAGER ANNOUNCEMENTS None. D. CONDUCT OF CLOSED SESSION D1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) SOUTHWEST VOTER REGISTRATION EDUCATION PROJECT AND LOUISA OLLAGUE V. CITY OF RANCHO CUCAMONGA; SAN BERNARDINO SUPERIOR COURT CASE NO. CIVRS 1603632. (CITY) D2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8685 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 22915128, FORMALLY 22915115; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND COLOMBERO FAMILY LIMITED PARTNERSHIP, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. (CITY) D3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8717 AND 8733 ETIWANDA AVENUE AND 12928 AND 12934 WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBERS 22916102, 22916103, 22916104, 22916105 AND 22916119; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND COLOMBERO FAMILY LIMITED PARTNERSHIP, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. (CITY) D4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8949 ETIWANDA AVENUE, FURTHER IDENTIFIED AS Page 11 DRAFT November 17, 2021 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 2 of 8 SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 22916222; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. (CITY) D5. THREAT TO PUBLIC SERVICES OF FACILITIES PURSUANT TO GOVERNMENT CODE SECTION 54957; CONSULTATION WITH DARRYL POLK, DIRECTOR OF INNOVATION AND TECHNOLOGY AND MICHELLE MUNSON, DEPUTY DIRECTOR OF INNOVATION AND TECHNOLOGY. (CITY/FIRE) D6. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PER GOVERNMENT CODE SECTION 54957 (TITLE: CITY MANAGER) E. RECESS The closed session recessed at 6:50 p.m. REGULAR MEETING – 7:00 p.m. CALL TO ORDER – COUNCIL CHAMBERS The regular 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 November 17, 2021, 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, Mayor Pro Tem Lynne Kennedy, and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Nick Ghirelli, Assistant City Attorney; and Linda A. Troyan, MMC, Director of City Clerk Services. Mayor Pro Tem Kennedy led the Pledge of Allegiance. A. AMENDMENTS TO THE AGENDA None. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of a Certificate of Sympathy in Memory of Jacquelin “Jackie” Amsler, Former Library Board of Trustees Member. Mayor Michael announced that at the conclusion of this City Council Meeting, we will have a moment of silence and adjourn the meeting in memory of Jacquelin “Jackie” Amsler, Former Library Board of Trustees Member. The City and City Council expressed their heartfelt condolences to the family of Jacquelin Amsler. Certificate of Sympathy will be mailed to the Amsler Family. Page 12 DRAFT November 17, 2021 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 3 of 8 B2. Presentation of a Certificate of Recognition to Rancho Pop Warner Football & Cheer Junior Varsity Panthers Cheerleading Division who recently won a bid to compete at Nationals Cheer and Dance Championships in Orlando Florida. Mayor Michael and Members of the City Council presented Certificates of Recognition to Rancho Pop Warner Football & Cheer Junior Varsity Panthers Cheerleading Division and shared the team’s GoFundMe account, www.gofund.me/1de80a46 for community members to contribute for the team to compete at the Pop Warner National Cheer and Dance Championship in Orlando, Florida. B3. Recognition of the 2021 Digital Cities Award Received by the City of Rancho Cucamonga and Recap of the 2021 Cyber Security Month Campaign. Darryl Polk, Director of Innovation and Technology and Michelle Munson, Deputy Director of Innovation and Technology, shared recent cyber security efforts by the Department of Innovation and Technology and presented the 2021 Digital Cities Award Received by the City of Rancho Cucamonga. B4. Presentation of Refurbished Bicycle Distribution Program. Deborah Allen, Management Analyst I, City Manager’s Office shared a video showcasing the Refurbished Bicycle Distribution Program and thanked all partnering organizations for their efforts and success of the program. C. PUBLIC COMMUNICATIONS Heather Parsons, Community Partnerships and Advancement Manager at Chaffey College provided an update on Chaffey College programs and initiatives. Janet Walton, wished the community a happy Thanksgiving and offered a prayer. Bob Mitchell, USA Pickleball Ambassador for Redlands, California, spoke about pickleball, shared the sport’s health benefits for seniors and asked that the City consider growing the sport of pickleball in Rancho Cucamonga. Kathy Pryor, USA Pickleball Ambassador for the City of Rancho Cucamonga, spoke about pickleball health benefits for seniors and asked that the City Council add more pickleball courts in the City to accommodate the growing number of residents interested in the sport of pickleball. D. CONSENT CALENDAR D1. Consideration of Meeting Minutes for the Regular Meetings of October 20, 2021 and November 3, 2021 and Special Meetings of October 18, 2021. D2. Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of $1,746,274.36 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $2,737,457.48 Dated October 25, 2021 Through November 07, 2021 and City and Fire District Electronic Debit Registers for the Month of October in the Total Amount of $1,458,936.82. (CITY/FIRE) D3. Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $13,795.20 Dated October 25, 2021 Through November 07, 2021. (CITY/FIRE) D4. Consideration to Receive and File Current Investment Schedules as of October 31, 2021 for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE) Page 13 DRAFT November 17, 2021 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 4 of 8 D5. Consideration to Adopt Development Impact Fee Study Prepared by NBS Government Finance Group Dated December 16, 2020. (FIRE) D6. Consideration to Authorize the Purchase of Banking Services from MUFG Union Bank, N.A. of Los Angeles, CA, the Most Responsive Bidder in Accordance with the Request for Quote (“RFQ”) #21/22-01 in the Amount of $267,210 for a Five-Year Term. (CITY) D7. Consideration of the Use of a County of San Bernardino Contract with Systems Source for the Civic Center COVID and ADA Improvement Project. (CITY) D8. Consideration of the Purchase of Traffic Signal Cabinets, Controllers and Related Equipment from Econolite, in an Amount not to Exceed $165,000. (CITY) D9. Consideration of the Purchase of Thirty-Five (35) Streetlight Poles and Seventeen (17) Aluminum Pole Arms from Ameron Pole Products, LLC in the amount of $76,150. (CITY) D10. Consideration of the Purchase of Fertilizer and Pesticides Supplies on an as Needed Basis from Nutrien Ag Solutions and Wilbur-Ellis Co. in an Amount Not to Exceed $125,000. (CITY) D11. Consideration of a Contract with Yunex, LLC. for the Traffic Signal Battery Backup System Replacement in the Amount of $248,424 plus a Contingency in the Amount of $29,076. (CITY) D12. Consideration to Approve Parcel Map 20101, Improvement Agreement, Improvement Securities, and Resolutions Ordering the Annexation into Landscape Maintenance District No.1, and Street Lighting Maintenance Districts Nos.1 and 2, Located on the East Side of Vineyard Avenue, South of Azurite Avenue, Related to Case No. SUBTPM20101. (RESOLUTION NO. 2021-126), (RESOLUTION NO. 2021-127), AND (RESOLUTION NO. 2021-128) (CITY) MOTION: Moved by Council Member Spagnolo, seconded by Council Member Hutchison, to approve Consent Calendar Items D1 through D12, with Council Member Scott abstaining on item D3, due to her employment with Southern California Gas Company. Motion carried, 5-0. E. CONSENT CALENDAR ORDINANCE(S) ­ SECOND READING/ADOPTION E1. Consideration of Second Reading and Adoption of the Following: Ordinance No. 988 An Ordinance of the City Of Rancho Cucamonga, Amending Title 17 of the Rancho Cucamonga Municipal Code to Permit Utility Companies to Store Materials and Equipment Associated with Utility Facilities and Infrastructure and to Correct Errors and Omissions in the Allowed Land Use Table and Industrial Development Standards Table and to Adopt an Uncodified Amendment to Ordinance No. 982 to Exempt Certain Buildings Currently Under Construction from the Amended Use Table, Making Findings in Support Thereof, and Making a Determination that the Ordinance is Exempt from the California Environmental Quality Act MOTION: Moved by Council Member Scott, seconded Mayor Pro Tem Kennedy, to adopt Ordinance No. 988, by title only and waive full reading. Linda Troyan, City Clerk Services Director read the title of Ordinance No. 988. VOTES NOW CAST ON MOTION: Moved by Council Member Scott, seconded Mayor Pro Tem Kennedy, to adopt Ordinance No. 988, by title only and waive full reading. Motion carried 5-0. F. ADMINISTRATIVE HEARING ITEM(S) Page 14 DRAFT November 17, 2021 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 5 of 8 F1. Consideration of First Reading of Ordinance No. 989, to be Read by Title Only and Waive Further Reading Adding Chapter 8.15 (Mandatory Organics Waste Disposal Reduction) To Title 8 Health and Safety of the Rancho Cucamonga Municipal Code, a Determination of Exemption Under CEQA. (ORDINANCE NO. 989) (CITY) City Manager Gillison introduced Linda Ceballos, Environmental Programs Manager, who provided a PowerPoint presentation providing an overview of Mandatory Organics Waste Disposal Reduction and Senate Bill 1383 requirements. Ms. Ceballos noted correction to staff report: First bullet point under “Analysis” Section: The sentence currently reads: “Food waste generated by residents and businesses will be collected in the black or gray container.” Correction to read as follows: “Food waste generated by residents with three containers will be collected in the green container and food waste generated by commercial businesses and multifamily residents with a brown container will be collected in the brown container.” She concluded by recommending that the City Council consider first reading of Ordinance No. 989, to be read by title only and waive further reading, adding Chapter 8.15 to Title 8 Health and Safety of the Rancho Cucamonga Municipal Code, a Determination of Exemption under CEQA. Council Member Hutchison clarified that the food waste collected from residents is not donated or distributed and informed that the purpose of the program is to divert the food waste from the landfill to create compost/ greenhouse gases. Council discussion ensued regarding food waste collection, community outreach efforts, program costs, requirements for businesses, refrigeration needs and relabeling of trash containers with new instructions for Burrtec customers. Assistant City Attorney Nick Ghirelli informed that upon adoption of Ordinance No. 989, there will be a two year rollout period to implement and educate the community on the program. Mayor Michael opened the Administrative Hearing. Darold Coover, spoke on the need for community outreach for the new organic waste disposal reduction program. Mayor Michael closed the Administrative Hearing. MOTION: Moved by Council Member Spagnolo, seconded by Council Member Hutchison, to Introduce First Reading of Ordinance No. 989, by title only and waive further readings. Linda Troyan, City Clerk Services Director read the title of Ordinance No. 989. VOTES NOW CAST ON MOTION: Moved by Council Member Spagnolo, seconded by Council Member Hutchison, to Introduce First Reading of Ordinance No. 989, by title only and waive further readings. Motion carried 5-0. G. ADVERTISED PUBLIC HEARING ITEM(S) – CITY/FIRE DISTRICT G1. Consideration of First Reading of Ordinance No. 990, to be Read by Title Only and Waive Further Reading to Amend the Etiwanda Specific Plan Land Use Designation of a 6.96-Acre Site Located at 12774 Banyan Street from Estate Residential (ER) to Very Low (VL) Residential, Related to the Subdivision of the Property into 9 Residential Lots for Future Single-Family Development. Staff has Prepared an Initial Study/Mitigated Negative Declaration of Environmental Impacts for Consideration. (Specific Plan Amendment DRC2016-00730). APN: 0225-111-07. (ORDINANCE NO. 990) (CITY) Page 15 DRAFT November 17, 2021 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 6 of 8 City Manager Gillison introduced Anne McIntosh, Planning Director and Vincent Acuna, Associate Planner, who provided a PowerPoint presentation on Specific Plan Amendment DRC2016-00730 for a property on 12774 Banyan Street. Mayor Michael recessed the meeting at 8:08 p.m. and reconvened the meeting at 8:30 p.m. Associate Planer Acuna provided an overview including an environmental review and recommended that the City Council conduct first reading of Ordinance No. 990 which approves Specific Plan Amendment DRC2016-00730 and adopts the Mitigated Negative Declaration for the associated Tentative Tract Map, Tree Removal Permit, and Specific Plan Amendment. Mayor Michael opened the Public Hearing. There were no public communications. Mayor Michael closed the Public Hearing. MOTION: Moved by Council Member Spagnolo, seconded by Council Member Hutchison, to Introduce First Reading of Ordinance No. 990, by title only and waive further reading. Linda Troyan, City Clerk Services Director read the title of Ordinance No. 990. VOTES NOW CAST ON MOTION: Moved by Council Member Spagnolo, seconded by Council Member Hutchison, to Introduce First Reading of Ordinance No. 990, by title only and waive further reading. Motion carried 5-0. G2. Continued Public Hearing for Consideration of General Plan Amendment DRC2018-00533 and Zoning Map Amendment DRC2018-00534 – Arbor Express Car Wash – A Request for General Plan and Zoning Map Amendments to Change the Land Use and Zoning Designation for One Project-Specific Parcel of Land (APN: 0208-291-03) from Low Medium (LM) Residential District to General Commercial (GC) District and for Two Non-Project Specific Adjacent Parcels of Land (0208-291-01 and 0208-291-02) From Low Medium (LM) Residential District to Medium (M) Residential District Related to a Proposed Car Wash Located Approximately 200 Feet East of Archibald Avenue on the North Side of Arrow Route. (RESOLUTION NO. 2021-045) (CITY) (Continued from June 2, 2021 and August 4, 2021 City Council Meeting) City Manager Gillison introduced Anne McIntosh, Planning Director and Tabe Van Der Zwaag, Associate Planner, who provided a PowerPoint presentation providing an overview of a request to change the General Plan land use and zoning designation for one project specific and two non-project specific parcels of land. Planning Director McIntosh showcased existing and proposed General Plan and Zoning designations. She stated that staff cannot recommend the requested General Plan amendment and zoning map amendment to accommodate the development of a car wash due to the lack of consistency with the City’s current and future land use goals, the lack of a demonstrated need for the use, and the lack of a clear community benefit that would be achieved by the project as well as the impact on other, larger projects currently in process. She concluded by recommending that the City Council adopt Resolution No. 2021-045, denying General Plan Amendment DRC2018-00533 and Zoning Map Amendment DRC2018-00534. Staff noted the receipt of four (4) emails, two (2) emails in support of Arbor Express Car Wash from David Reck and Baham Natanzi and two (2) emails in opposition to Arbor Express Car Wash from Tom Sakai and Arturo Garcia. Correspondence received was provided to the City Council. Mayor Michael opened the Public Hearing. Page 16 DRAFT November 17, 2021 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 7 of 8 Applicant, Pete DeJager, Arbor Express Car Wash, displayed renderings of the proposed carwash project and spoke in support of the project and of its benefits for the community. He concluded by asking the City Council to uphold the Planning Commission’s recommendation to move the project forward and approve the proposed General Plan Amendment. Michelle DeJager and Judy Matthews. Spoke in support of the proposed General Plan Amendment and the Arbor Express Car Wash project. Four (4) public communications were made in opposition of item G2 by George Pajor, Sayyida Hasani, Nanette Hart and Alisa Zhang. Speakers shared their opposition for the proposed Arbor Express Car Wash project and spoke on safety concerns, business diversity and community needs, and stated that the car wash did not align with the existing neighborhood. Council discussion ensued regarding the highest and best use of the project site, concentration of carwashes in the area, compatibility with the existing neighborhood, number of jobs projected, different uses for the project site to address community needs, lack of amenities in Southwest Rancho Cucamonga, General Plan Amendment thresholds, Healthy RC vision, fiscal impact, accountability and transparency. Applicant, Pete DeJager, Arbor Express Car Wash, answered that a minimum of 20 full-time and part-time jobs would be created if the project was approved and that the project would not contribute to traffic concerns. Council Member Hutchison spoke in support of the proposed General Plan Amendment and Arbor Express Car Wash project moving forward. Mayor Michael spoke on the concentration of carwashes and encouraged the applicant to consider working with staff to find a different parcel for the Arbor Express Car Wash project. Mayor Michael closed the Public Hearing. MOTION: Moved by Council Member Scott, seconded by Council Member Spagnolo, to adopt Resolution No. 2021-045, denying General Plan Amendment DRC2018-00533 and Zoning Map Amendment DRC2018-00534. Motion carried, 4-1; Council Member Hutchison opposed. H. CITY MANAGERS STAFF REPORT(S) H1. Consideration to Receive and File Quarterly Financial Update for the First Quarter of Fiscal Year 2021/22. (CITY/FIRE) City Manager Gillison introduced Tamara Oatman, Finance Director, who provided a PowerPoint presentation on the Quarterly Financial Update for the First Quarter of Fiscal Year 2021/22. H2. Consideration of a Professional Services Agreement with Toole Design Group, LLC for the Completion of the Healthy RC Active Transportation Infrastructure Assessment and Improvement Plan in the Amount of $349,882, Plus a 10% Contingency, and Authorization of Appropriations from the State Grant (Fund 274) and Citywide Capital Infrastructure (Fund 198) Funds. (CITY) City Manager Gillison introduced Justine Garcia, Deputy Director of Engineering Services, who provided a PowerPoint presentation on a Professional Services Agreement with Toole Design Group, LLC for the Completion of the Healthy RC Active Transportation Infrastructure Assessment and Improvement Plan. MOTION: Moved by Mayor Pro Tem Kennedy, seconded by Council Member Scott, to approve a Professional Services Agreement with Toole Design Group, LLC for the Completion of the Healthy RC Active Transportation Infrastructure Assessment and Improvement Plan. Motion carried, 5-0. Page 17 DRAFT November 17, 2021 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 8 of 8 I. COUNCIL BUSINESS I1. COUNCIL ANNOUNCEMENTS Council Member Scott thanked Assemblymember James C. Ramos for hosting a Workforce Development Workshop event at the Northtown Community Center providing information and resources to the community. I2.INTER­AGENCY UPDATES None. J. CITY ATTORNEY ITEMS None. K. IDENTIFICATION OF ITEMS FOR NEXT MEETING Mayor Michael and Members of the City Council wished everyone a Happy Thanksgiving. L. ADJOURNMENT Mayor Michael adjourned the meeting in Memory of Jacquelin Amsler at 9:49 p.m. Respectfully submitted, __________________________________ Linda A. Troyan, MMC City Clerk Services Director Approved: Page 18 DATE:January 5, 2022 TO:Mayor and Members of the City Council President and Members of the Boards of Directors FROM:John R. Gillison, City Manager INITIATED BY:Tamara L. Oatman, Finance Director Veronica Lopez, Accounts Payable Supervisor SUBJECT:Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of $1,902,322.32 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $7,220,700.83 Dated December 06, 2021 Through December 16, 2021. (CITY/FIRE) RECOMMENDATION: Staff recommends City Council/Board of Directors of the Fire Protection District approve payment of demands as presented. Bi-weekly payroll is $1,034,322.32 and $868,613.20 for the City and the Fire District, respectively. Weekly check register amounts are $6,865,555.80 and $1,034,322.32 for the City and the Fire District, respectively. BACKGROUND: N/A ANALYSIS: N/A FISCAL IMPACT: Adequate budgeted funds are available for the payment of demands per the attached listing. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: N/A ATTACHMENTS: Attachment 1 - Weekly Check Register Page 19 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 12/6/2021 through 12/16/2021 Check No.Check Date Vendor Name City Fire Amount AP 00013478 12/08/2021 360 DEEP CLEANING LLC 0.00 6,802.50 6,802.50 AP 00013479 12/08/2021 ABSOLUTE SECURITY INTERNATIONAL INC 14,551.84 0.00 14,551.84 AP 00013480 12/08/2021 BEST BEST & KRIEGER LLP 598.50 0.00 598.50 AP 00013481 12/08/2021 BUREAU OF RECLAMATION 873.64 0.00 873.64 AP 00013482 12/08/2021 CALPINE ENERGY SERVICES LP 114,750.00 0.00 114,750.00 AP 00013483 12/08/2021 RE ASTORIA 2 LLC 117,043.03 0.00 117,043.03 AP 00013484 12/08/2021 SAN BERNARDINO CTY SHERIFFS DEPT 3,723,998.00 0.00 3,723,998.00 AP 00013485 12/08/2021 U S DEPARTMENT OF ENERGY 8,526.59 0.00 8,526.59 AP 00013486 12/09/2021 AIRGAS USA LLC 101.26 0.00 101.26 AP 00013487 12/09/2021 BRODART BOOKS CO 2,452.22 0.00 2,452.22 AP 00013488 12/09/2021 CARQUEST AUTO PARTS 969.52 0.00 969.52 AP 00013489 12/09/2021 DUNN EDWARDS CORPORATION 395.24 0.00 395.24 AP 00013490 12/09/2021 EMCOR SERVICES 12,581.96 0.00 12,581.96 AP 00013491 12/09/2021 HOLLIDAY ROCK CO INC 3,168.94 0.00 3,168.94 AP 00013492 12/09/2021 HOSE MAN INC 2,489.70 0.00 2,489.70 AP 00013493 12/09/2021 MCFADDEN DALE HARDWARE 865.79 0.00 865.79 AP 00013494 12/09/2021 MINUTEMAN PRESS 130.52 0.00 130.52 ***AP 00013495 12/09/2021 OFFICE DEPOT 5,308.36 12.94 5,321.30 AP 00013496 12/09/2021 PSA PRINT GROUP 49.57 0.00 49.57 AP 00013497 12/09/2021 SITEONE LANDSCAPE SUPPLY LLC 752.35 0.00 752.35 AP 00013498 12/09/2021 SUNRISE FORD 128.76 0.00 128.76 AP 00013499 12/09/2021 THOMPSON PLUMBING SUPPLY INC 463.65 0.00 463.65 AP 00013500 12/15/2021 ABSOLUTE SECURITY INTERNATIONAL INC 3,431.40 0.00 3,431.40 ***AP 00013501 12/15/2021 AMG & ASSOCIATES INC 8,312.50 223,493.99 231,806.49 AP 00013502 12/15/2021 CALIF GOVERNMENT VEBA / RANCHO CUCAMONGA 78,145.58 0.00 78,145.58 AP 00013503 12/15/2021 ELECNOR BELCO ELECTRIC INC 133,553.79 0.00 133,553.79 AP 00013504 12/15/2021 HAMPTON YOGA 42.00 0.00 42.00 AP 00013505 12/15/2021 MOFFATT & NICHOL 515.54 0.00 515.54 AP 00013506 12/15/2021 RCCEA 1,523.50 0.00 1,523.50 AP 00013507 12/15/2021 RCPFA 14,268.77 0.00 14,268.77 AP 00013508 12/15/2021 RE ASTORIA 2 LLC 70,798.79 0.00 70,798.79 ***AP 00013509 12/15/2021 RICHARDS WATSON AND GERSHON 160,431.77 1,852.80 162,284.57 AP 00013510 12/15/2021 SAN BERNARDINO COUNTY 120.00 0.00 120.00 AP 00013511 12/15/2021 SHELL ENERGY NORTH AMERICA 239,476.95 0.00 239,476.95 AP 00421632 12/07/2021 SABOR A MI FOODS INC 20,000.00 0.00 20,000.00 AP 00421633 12/08/2021 ABDELAAL, AMGAD 73.91 0.00 73.91 AP 00421634 12/08/2021 ALLSTAR FIRE EQUIPMENT INC 0.00 320.02 320.02 AP 00421635 12/08/2021 ALPHAGRAPHICS 1,435.23 0.00 1,435.23 AP 00421636 12/08/2021 AMS PLANNING & RESEARCH CORP 1,000.00 0.00 1,000.00 AP 00421637 12/08/2021 AMTECH ELEVATOR SERVICES 2,765.60 0.00 2,765.60 AP 00421638 12/08/2021 AUFBAU CORPORATION 36,570.00 0.00 36,570.00 AP 00421639 12/08/2021 AUTOLIFT SERVICES INC 0.00 4,301.16 4,301.16 AP 00421640 12/08/2021 BAUER COMPRESSORS 0.00 7,427.00 7,427.00 AP 00421641 12/08/2021 BRAUN BLAISING SMITH WYNNE 510.51 0.00 510.51 AP 00421642 12/08/2021 BRIGHTVIEW LANDSCAPE SERVICES INC 1,840.38 0.00 1,840.38 AP 00421643 12/08/2021 C V W D 216.75 0.00 216.75 AP 00421644 12/08/2021 C V W D 133.33 0.00 133.33 07:02:31 12/16/2021Current Date:VLOPEZ - Veronica Lopez Page:1 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 20 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 12/6/2021 through 12/16/2021 Check No.Check Date Vendor Name City Fire Amount AP 00421645 12/08/2021 C V W D 0.00 924.37 924.37 ***AP 00421651 12/08/2021 C V W D 55,823.54 27.60 55,851.14 AP 00421652 12/08/2021 CAMBRIDGE SEVEN ASSOCIATES INC 38,551.09 0.00 38,551.09 AP 00421653 12/08/2021 CAMERON-DANIEL PC 4,483.50 0.00 4,483.50 AP 00421654 12/08/2021 CANO-SOZA, ANNETTE 113.00 0.00 113.00 AP 00421655 12/08/2021 CAO, SIYUAN 92.62 0.00 92.62 AP 00421656 12/08/2021 CCS ORANGE COUNTY JANITORIAL INC 10,459.29 0.00 10,459.29 AP 00421657 12/08/2021 CHAMPION AWARDS & SPECIALTIES 43.10 0.00 43.10 AP 00421658 12/08/2021 CHAMPION FIRE SYSTEMS INC 609.55 0.00 609.55 ***AP 00421659 12/08/2021 CHARTER COMMUNICATIONS 4,604.03 6,437.42 11,041.45 ***AP 00421660 12/08/2021 CINTAS CORPORATION #150 1,772.70 720.84 2,493.54 AP 00421661 12/08/2021 CITY RENTALS 155.00 0.00 155.00 AP 00421662 12/08/2021 CLERK OF THE BOARD OF SUPERVISORS 3,495.25 0.00 3,495.25 AP 00421663 12/08/2021 CMRTA 150.00 0.00 150.00 AP 00421664 12/08/2021 CONCRETE WORLD 200.00 0.00 200.00 AP 00421665 12/08/2021 CORPORATETRAININGMATERIALS.COM 3,493.00 0.00 3,493.00 AP 00421666 12/08/2021 COSTAR REALTY INFORMATION INC 2,909.28 0.00 2,909.28 AP 00421667 12/08/2021 COUNTRY ESTATE FENCE CO INC 2,393.97 0.00 2,393.97 AP 00421668 12/08/2021 CPRS 165.00 0.00 165.00 AP 00421669 12/08/2021 CUMMINS SALES & SERVICE 928.92 0.00 928.92 AP 00421670 12/08/2021 D & K CONCRETE COMPANY 4,340.73 0.00 4,340.73 AP 00421671 12/08/2021 DAISYECO INC 481.07 0.00 481.07 ***AP 00421672 12/08/2021 DATA TICKET INC 10,981.62 1,190.00 12,171.62 ***AP 00421673 12/08/2021 DAVID S MASON INC 7,000.00 17,750.00 24,750.00 AP 00421674 12/08/2021 DELL MARKETING LP 9,954.08 0.00 9,954.08 AP 00421675 12/08/2021 DELTA DENTAL OF CALIFORNIA 1,143.24 0.00 1,143.24 AP 00421676 12/08/2021 DIRECTV 179.99 0.00 179.99 AP 00421677 12/08/2021 DOG WASTE DEPOT 2,802.65 0.00 2,802.65 AP 00421678 12/08/2021 DOUG MARTIN CONTRACTING CO INC 121,121.20 0.00 121,121.20 AP 00421679 12/08/2021 EAGLE ROAD SERVICE & TIRE 753.01 0.00 753.01 AP 00421680 12/08/2021 EXECUTIVE DETAIL SERVICES 0.00 560.00 560.00 AP 00421681 12/08/2021 EXPRESS BRAKE SUPPLY INC 319.04 0.00 319.04 AP 00421682 12/08/2021 FEDERAL EXPRESS CORP 234.60 0.00 234.60 AP 00421683 12/08/2021 FUEL SERV 409.54 0.00 409.54 AP 00421684 12/08/2021 G/M BUSINESS INTERIORS 219.29 0.00 219.29 AP 00421685 12/08/2021 GENTRY BROTHERS INC 200,818.32 0.00 200,818.32 AP 00421686 12/08/2021 GHASSABIAN, VICTORIA 200.00 0.00 200.00 AP 00421687 12/08/2021 GOLDEN GATE CONSTRUCTION INC 91,400.81 0.00 91,400.81 ***AP 00421688 12/08/2021 GRAINGER 667.52 54.40 721.92 AP 00421689 12/08/2021 HAAKER EQUIPMENT COMPANY 469.15 0.00 469.15 AP 00421690 12/08/2021 HOYT LUMBER CO, S M 0.00 5.81 5.81 AP 00421691 12/08/2021 IDEXX DISTRIBUTION INC 1,602.85 0.00 1,602.85 AP 00421692 12/08/2021 INLAND DESERT SECURITY & COMMUNICATIONS INC 114.10 0.00 114.10 AP 00421693 12/08/2021 K-K WOODWORKING 32.29 0.00 32.29 AP 00421694 12/08/2021 KASOJI, SRINIVAS 41.21 0.00 41.21 AP 00421695 12/08/2021 KOSMONT COMPANIES 1,935.00 0.00 1,935.00 AP 00421696 12/08/2021 LEWIS, SHARON 20.00 0.00 20.00 07:02:31 12/16/2021Current Date:VLOPEZ - Veronica Lopez Page:2 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 21 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 12/6/2021 through 12/16/2021 Check No.Check Date Vendor Name City Fire Amount AP 00421697 12/08/2021 LITTLE BEAR PRODUCTIONS 100.00 0.00 100.00 AP 00421698 12/08/2021 MAGELLAN ADVISORS LLC 6,000.00 0.00 6,000.00 AP 00421699 12/08/2021 MARIPOSA LANDSCAPES INC 1,416.13 0.00 1,416.13 AP 00421700 12/08/2021 MCI 35.80 0.00 35.80 ***AP 00421701 12/08/2021 MCMASTER-CARR SUPPLY COMPANY 366.47 15.16 381.63 AP 00421702 12/08/2021 MEDIWASTE DISPOSAL 40.00 0.00 40.00 AP 00421703 12/08/2021 MIDWEST TAPE 3,095.46 0.00 3,095.46 AP 00421704 12/08/2021 NAPA AUTO PARTS 527.58 0.00 527.58 AP 00421705 12/08/2021 NBS 10,700.00 0.00 10,700.00 AP 00421706 12/08/2021 NEIUBER, ROBERT 1,239.48 0.00 1,239.48 AP 00421707 12/08/2021 NEWCO DISTRIBUTORS INC 863.62 0.00 863.62 AP 00421708 12/08/2021 NEXTECH SYSTEMS INC 11,819.88 0.00 11,819.88 AP 00421709 12/08/2021 NV5 INC 23,073.74 0.00 23,073.74 AP 00421710 12/08/2021 ONTARIO SPAY AND NEUTER INC 550.00 0.00 550.00 AP 00421711 12/08/2021 ONTARIO SPAY AND NEUTER INC 780.00 0.00 780.00 AP 00421712 12/08/2021 PARKHOUSE TIRE INC 511.46 0.00 511.46 AP 00421713 12/08/2021 PHAN, XANDER T.221.12 0.00 221.12 AP 00421714 12/08/2021 PORAC 184.00 0.00 184.00 AP 00421715 12/08/2021 POWER & TELEPHONE SUPPLY COMPANY 2,418.80 0.00 2,418.80 AP 00421716 12/08/2021 PRISTINE UNIFORMS LLC 0.00 68.96 68.96 AP 00421717 12/08/2021 QUADIENT INC 713.03 0.00 713.03 AP 00421718 12/08/2021 SAFE-ENTRY TECHNICAL INC 0.00 501.94 501.94 AP 00421719 12/08/2021 SAN ANTONIO REGIONAL HOSPITAL 0.00 80.00 80.00 AP 00421720 12/08/2021 SAN BERNARDINO COUNTY 0.00 12,181.12 12,181.12 AP 00421721 12/08/2021 SAN BERNARDINO COUNTY 30.41 0.00 30.41 AP 00421722 12/08/2021 SAN BERNARDINO CTY FIRE PROTECTION DIST 455.00 0.00 455.00 AP 00421723 12/08/2021 SANS INSTITUTE 10,665.00 0.00 10,665.00 AP 00421724 12/08/2021 SASSOON, LORI 1,742.32 0.00 1,742.32 AP 00421725 12/08/2021 SBSD EVOC TRAINING CENTER 0.00 2,860.00 2,860.00 AP 00421726 12/08/2021 SC RANCHO DEVELOPMENT CORP.4,053.60 0.00 4,053.60 ***AP 00421727 12/08/2021 SHEAKLEY PENSION ADMINISTRATION 459.65 178.15 637.80 AP 00421728 12/08/2021 SHRED PROS 113.00 0.00 113.00 AP 00421729 12/08/2021 SIEMENS MOBILITY INC 949.00 0.00 949.00 AP 00421730 12/08/2021 SIERRA, YANETHE 103.00 0.00 103.00 AP 00421733 12/08/2021 SOCAL PPE 0.00 1,558.25 1,558.25 ***AP 00421738 12/08/2021 SOUTHERN CALIFORNIA EDISON 27,285.99 1,243.17 28,529.16 AP 00421744 12/08/2021 TIREHUB LLC 1,515.23 0.00 1,515.23 AP 00421745 12/08/2021 U.S. BANK PARS ACCT #6746022500 1,124.60 0.00 1,124.60 AP 00421746 12/08/2021 U.S. BANK PARS ACCT #6746022500 13,641.40 0.00 13,641.40 AP 00421747 12/08/2021 U.S. BANK PARS ACCT #6745033700 6,605.00 0.00 6,605.00 AP 00421748 12/08/2021 UNITED SITE SERVICES OF CA INC 301.45 0.00 301.45 AP 00421749 12/08/2021 UNIVERSAL FLEET SUPPLY 0.00 58.15 58.15 AP 00421750 12/08/2021 UPS 33.00 0.00 33.00 AP 00421751 12/08/2021 UPSCO POWERSAFE SYSTEMS INC 8,640.00 0.00 8,640.00 AP 00421752 12/08/2021 VICTOR MEDICAL COMPANY 2,232.07 0.00 2,232.07 AP 00421753 12/08/2021 VISION COMMUNICATIONS CO 1,249.38 0.00 1,249.38 AP 00421754 12/08/2021 VORTEX INDUSTRIES INC 615.00 0.00 615.00 07:02:31 12/16/2021Current Date:VLOPEZ - Veronica Lopez Page:3 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 22 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 12/6/2021 through 12/16/2021 Check No.Check Date Vendor Name City Fire Amount AP 00421755 12/08/2021 WALTERS WHOLESALE ELECTRIC CO 30.76 0.00 30.76 AP 00421756 12/08/2021 WAXIE SANITARY SUPPLY 3,576.33 0.00 3,576.33 ***AP 00421757 12/09/2021 SOUTHERN CALIFORNIA EDISON 634.75 1,481.10 2,115.85 AP 00421758 12/09/2021 STANDARD INSURANCE COMPANY 12,082.65 0.00 12,082.65 AP 00421759 12/09/2021 STANDARD INSURANCE COMPANY 3,365.31 0.00 3,365.31 AP 00421760 12/09/2021 SUN BADGE CO 0.00 116.33 116.33 AP 00421761 12/09/2021 TIANA SANCHEZ INTERNATIONAL LLC 10,400.00 0.00 10,400.00 AP 00421762 12/15/2021 ACCELA INC 10,500.00 0.00 10,500.00 AP 00421763 12/15/2021 AFLAC GROUP INSURANCE 24.58 0.00 24.58 AP 00421764 12/15/2021 ALL WELDING 652.50 0.00 652.50 AP 00421765 12/15/2021 ALLSTAR FIRE EQUIPMENT INC 0.00 3,041.20 3,041.20 AP 00421766 12/15/2021 ALPHAGRAPHICS 339.41 0.00 339.41 AP 00421767 12/15/2021 AMTECH ELEVATOR SERVICES 2,209.00 0.00 2,209.00 AP 00421768 12/15/2021 AQUABIO ENVIRONMENTAL TECHNOLOGIES INC 1,450.00 0.00 1,450.00 ***AP 00421769 12/15/2021 AYANTRA INC 2,304.00 1,728.00 4,032.00 AP 00421770 12/15/2021 BEHAVIORAL ANALYSIS TRAINING INC 575.00 0.00 575.00 AP 00421771 12/15/2021 BEST OUTDOOR POWER INLAND LLC 56.01 0.00 56.01 AP 00421772 12/15/2021 BISHOP COMPANY 51.71 0.00 51.71 AP 00421773 12/15/2021 BRIDGEALL LIBRARIES LIMITED 16,640.00 0.00 16,640.00 AP 00421774 12/15/2021 BRIDGES BEAUTY COLLEGE 129.60 0.00 129.60 AP 00421775 12/15/2021 BRIGHTVIEW LANDSCAPE SERVICES INC 45,993.27 0.00 45,993.27 AP 00421776 12/15/2021 CAGLE'S APPLIANCE CENTER 0.00 50.10 50.10 AP 00421777 12/15/2021 CAL-OSHA REPORTER 427.00 0.00 427.00 ***AP 00421778 12/15/2021 CALAMP WIRELESS NETWORKS CORP 53,362.12 9,950.00 63,312.12 AP 00421779 12/15/2021 CALIFORNIA, STATE OF 248.42 0.00 248.42 AP 00421780 12/15/2021 CALIFORNIA, STATE OF 32.26 0.00 32.26 AP 00421781 12/15/2021 CALIFORNIA, STATE OF 342.73 0.00 342.73 AP 00421782 12/15/2021 CCS ORANGE COUNTY JANITORIAL INC 53,314.21 0.00 53,314.21 AP 00421783 12/15/2021 CHAMPION FIRE SYSTEMS INC 789.28 0.00 789.28 AP 00421784 12/15/2021 CIRCLEPOINT 3,169.76 0.00 3,169.76 ***AP 00421785 12/15/2021 CITIZENS BUSINESS BANK 437.50 11,762.84 12,200.34 AP 00421786 12/15/2021 CIVIC SOLUTIONS INC 11,625.00 0.00 11,625.00 AP 00421787 12/15/2021 CLEAR BLUE LIFE & SAFETY LLC 2,267.25 0.00 2,267.25 AP 00421788 12/15/2021 CORODATA MEDIA STORAGE INC 63.75 0.00 63.75 AP 00421789 12/15/2021 D & K CONCRETE COMPANY 1,325.33 0.00 1,325.33 AP 00421790 12/15/2021 DAVIDSON, BETH 52.00 0.00 52.00 AP 00421791 12/15/2021 DAVIS FAMILY CHILD CARE 56.37 0.00 56.37 AP 00421792 12/15/2021 DELTA DENTAL OF CALIFORNIA 41,951.83 0.00 41,951.83 AP 00421793 12/15/2021 DEPARTMENT OF JUSTICE 305.00 0.00 305.00 AP 00421794 12/15/2021 DEPARTMENT OF TRANSPORTATION, CALIF 9,802.86 0.00 9,802.86 AP 00421795 12/15/2021 DH BACKFLOW 107.89 0.00 107.89 AP 00421796 12/15/2021 DIG SAFE BOARD 135.40 0.00 135.40 AP 00421797 12/15/2021 DUKE-SEXTON, SHEILA 171.69 0.00 171.69 AP 00421798 12/15/2021 E GROUP, THE 450.00 0.00 450.00 AP 00421799 12/15/2021 EIGHTH AVENUE ENTERPRISE LLC 71.12 0.00 71.12 AP 00421800 12/15/2021 ENRIQUEZ, ARMAND M 5,000.00 0.00 5,000.00 AP 00421801 12/15/2021 EXECUTIVE DETAIL SERVICES 0.00 280.00 280.00 07:02:31 12/16/2021Current Date:VLOPEZ - Veronica Lopez Page:4 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 23 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 12/6/2021 through 12/16/2021 Check No.Check Date Vendor Name City Fire Amount AP 00421802 12/15/2021 EXPERIAN 52.00 0.00 52.00 AP 00421803 12/15/2021 FACTORY MOTOR PARTS 0.00 1,731.50 1,731.50 AP 00421804 12/15/2021 FEDERAL EXPRESS CORP 202.42 0.00 202.42 AP 00421805 12/15/2021 FITNESS REPAIR SHOP 0.00 304.50 304.50 AP 00421806 12/15/2021 FLEETPRIDE 0.00 558.09 558.09 ***AP 00421808 12/15/2021 FRONTIER COMM 5,818.01 2,739.57 8,557.58 AP 00421809 12/15/2021 FUEL SERV 895.04 0.00 895.04 AP 00421810 12/15/2021 G & A INVESTMENT GROUP LLC 292.50 0.00 292.50 ***AP 00421811 12/15/2021 GRAINGER 1,374.75 160.39 1,535.14 AP 00421812 12/15/2021 HAMILTON, MONIQUE 84.00 0.00 84.00 AP 00421813 12/15/2021 HI-LINE ELECTRIC COMPANY 329.72 0.00 329.72 AP 00421814 12/15/2021 HIVELY, CHRISTOPH 673.36 0.00 673.36 AP 00421815 12/15/2021 HLP INC 154.35 0.00 154.35 AP 00421816 12/15/2021 HOME DEPOT CREDIT SERVICES 59.28 0.00 59.28 AP 00421817 12/15/2021 INLAND EMPIRE PROPERTY SERVICES INC 0.00 10,921.00 10,921.00 AP 00421818 12/15/2021 INLAND PRESORT & MAILING SERVICES 227.32 0.00 227.32 AP 00421819 12/15/2021 INTERSTATE ALL BATTERY CENTER 909.90 0.00 909.90 AP 00421820 12/15/2021 ITRON INC 8,044.80 0.00 8,044.80 AP 00421821 12/15/2021 JOHNNY ALLEN TENNIS ACADEMY 1,523.00 0.00 1,523.00 AP 00421822 12/15/2021 KLEIN PRODUCTS 254.98 0.00 254.98 AP 00421823 12/15/2021 LANDSCAPE WEST MANAGEMENT SERVICES INC 179,708.06 0.00 179,708.06 AP 00421824 12/15/2021 LEAL, MICHAEL 0.00 320.00 320.00 AP 00421825 12/15/2021 LI, YING 52.14 0.00 52.14 ***AP 00421826 12/15/2021 LIEBERT CASSIDY WHITMORE 4,434.50 520.50 4,955.00 AP 00421827 12/15/2021 LIFE-ASSIST INC 0.00 168.09 168.09 ***AP 00421830 12/15/2021 LOWES COMPANIES INC 9,587.29 1,341.76 10,929.05 AP 00421831 12/15/2021 MAGELLAN ADVISORS LLC 5,250.00 0.00 5,250.00 AP 00421832 12/15/2021 MAIN STREET SIGNS 1,416.60 0.00 1,416.60 ***AP 00421834 12/15/2021 MARIPOSA LANDSCAPES INC 338,598.85 2,679.98 341,278.83 AP 00421835 12/15/2021 MARLINK INC 0.00 162.00 162.00 AP 00421836 12/15/2021 MIJAC ALARM COMPANY 108.00 0.00 108.00 AP 00421837 12/15/2021 MONTGOMERY HARDWARE CO 0.00 527.22 527.22 AP 00421838 12/15/2021 MYERS TIRE SUPPLY COMPANY 163.73 0.00 163.73 ***AP 00421839 12/15/2021 NAPA AUTO PARTS 323.56 264.88 588.44 AP 00421840 12/15/2021 NATIONAL UTILITY LOCATORS LLC 3,240.00 0.00 3,240.00 AP 00421841 12/15/2021 NEWTON, CAMERON 208.60 0.00 208.60 AP 00421842 12/15/2021 OCCUPATIONAL HEALTH CTRS OF CA 263.50 0.00 263.50 AP 00421843 12/15/2021 OLSON, BUZZ 0.00 320.00 320.00 AP 00421844 12/15/2021 ONTRAC 68.27 0.00 68.27 AP 00421845 12/15/2021 OPTION ONE SOLAR 726.00 0.00 726.00 AP 00421846 12/15/2021 PACIFIC MH CONSTRUCTION INC 5,345.00 0.00 5,345.00 AP 00421847 12/15/2021 PINNACLE PETROLEUM INC 67,522.20 0.00 67,522.20 AP 00421848 12/15/2021 PORAC LEGAL DEFENSE FUND 252.00 0.00 252.00 AP 00421849 12/15/2021 POSTAL PERFECT 75.00 0.00 75.00 AP 00421850 12/15/2021 PRE-PAID LEGAL SERVICES INC 60.17 0.00 60.17 AP 00421851 12/15/2021 PRISTINE UNIFORMS LLC 0.00 963.78 963.78 AP 00421852 12/15/2021 PRO SPRAY EQUIPMENT 749.49 0.00 749.49 07:02:31 12/16/2021Current Date:VLOPEZ - Veronica Lopez Page:5 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 24 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 12/6/2021 through 12/16/2021 Check No.Check Date Vendor Name City Fire Amount AP 00421853 12/15/2021 QUINN, RHONDA 216.00 0.00 216.00 AP 00421854 12/15/2021 RANCHO SMOG CENTER 44.95 0.00 44.95 AP 00421855 12/15/2021 RBM LOCK AND KEY SERVICE 206.38 0.00 206.38 AP 00421856 12/15/2021 RESIDENTIAL MORTGAGE SOLUTION LLC 37,004.00 0.00 37,004.00 AP 00421857 12/15/2021 RIGHT OF WAY INC 944.69 0.00 944.69 AP 00421858 12/15/2021 SAM'S CLUB/SYNCHRONY BANK 31.87 0.00 31.87 AP 00421859 12/15/2021 SAN BERNARDINO CO AUDITOR CONT 8,414.00 0.00 8,414.00 AP 00421860 12/15/2021 SAN BERNARDINO COUNTY 15,443.92 0.00 15,443.92 AP 00421861 12/15/2021 SAN BERNARDINO CTY FIRE PROTECTION DIST 0.00 909.00 909.00 AP 00421862 12/15/2021 SBPEA 2,289.23 0.00 2,289.23 AP 00421863 12/15/2021 SEGAAR, AARON 0.00 320.00 320.00 AP 00421864 12/15/2021 SHERIFFS COURT SERVICES 100.00 0.00 100.00 ***AP 00421865 12/15/2021 SHRED PROS 58.00 63.00 121.00 AP 00421866 12/15/2021 SIDEPATH INC 4,000.00 0.00 4,000.00 AP 00421867 12/15/2021 SIEMENS MOBILITY INC 52,158.50 0.00 52,158.50 AP 00421868 12/15/2021 SINNETT CONSULTING SERVICES INC 175.00 0.00 175.00 AP 00421869 12/15/2021 SMITTY'S DIESEL 1,156.65 0.00 1,156.65 ***AP 00421870 12/15/2021 SOCAL OFFICE TECHNOLOGIES 3,047.60 603.36 3,650.96 AP 00421871 12/15/2021 SOCIAL VOCATIONAL SERVICES 2,709.00 0.00 2,709.00 AP 00421872 12/15/2021 SONSRAY MACHINERY LLC 3,842.83 0.00 3,842.83 ***AP 00421877 12/15/2021 SOUTHERN CALIFORNIA EDISON 112,438.76 1,241.22 113,679.98 AP 00421878 12/15/2021 SOUTHERN CALIFORNIA EDISON 0.00 1,348.47 1,348.47 AP 00421879 12/15/2021 SOUTHERN CALIFORNIA EDISON 506.43 0.00 506.43 AP 00421880 12/15/2021 STABILIZER SOLUTIONS INC 1,590.00 0.00 1,590.00 ***AP 00421881 12/15/2021 STANLEY PEST CONTROL 2,310.00 810.00 3,120.00 AP 00421882 12/15/2021 STOTZ EQUIPMENT 1,349.87 0.00 1,349.87 AP 00421883 12/15/2021 STOVER SEED COMPANY 10,990.50 0.00 10,990.50 AP 00421884 12/15/2021 STRATEGIC ECONOMICS INC 9,145.00 0.00 9,145.00 AP 00421885 12/15/2021 SYCAMORE VILLA MOBILE HOME PARK 400.00 0.00 400.00 AP 00421886 12/15/2021 THE COUNSELING TEAM INTERNATIONAL 0.00 900.00 900.00 AP 00421887 12/15/2021 TIREHUB LLC 646.44 0.00 646.44 AP 00421888 12/15/2021 TORO TOWING 700.00 0.00 700.00 AP 00421889 12/15/2021 TOXGUARD FLUID TECHNOLOGIES INC 260.85 0.00 260.85 AP 00421890 12/15/2021 TRIDEN GROUP CORP 6,720.00 0.00 6,720.00 AP 00421891 12/15/2021 ULINE 121.79 0.00 121.79 AP 00421892 12/15/2021 UNDERGROUND SVC ALERT OF SO CAL 66.22 0.00 66.22 AP 00421893 12/15/2021 UNITED WAY 45.00 0.00 45.00 AP 00421894 12/15/2021 UNIVERSAL FLEET SUPPLY 0.00 1,085.10 1,085.10 AP 00421895 12/15/2021 UPS 33.00 0.00 33.00 AP 00421896 12/15/2021 VELOCITY TRUCK CENTERS 0.00 1,905.28 1,905.28 AP 00421897 12/15/2021 VERIZON WIRELESS - LA 305.60 0.00 305.60 AP 00421898 12/15/2021 VERIZON WIRELESS - LA 6,353.60 0.00 6,353.60 AP 00421899 12/15/2021 VERIZON WIRELESS - LA 6,282.32 0.00 6,282.32 AP 00421900 12/15/2021 VICTOR MEDICAL COMPANY 3,060.64 0.00 3,060.64 AP 00421901 12/15/2021 VIRTUAL PROJECT MANAGER LLC 500.00 0.00 500.00 ***AP 00421902 12/15/2021 WALTERS WHOLESALE ELECTRIC CO 1,666.64 362.90 2,029.54 ***AP 00421903 12/15/2021 WAXIE SANITARY SUPPLY 2,963.09 1,229.62 4,192.71 07:02:31 12/16/2021Current Date:VLOPEZ - Veronica Lopez Page:6 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 25 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 12/6/2021 through 12/16/2021 Check No.Check Date Vendor Name City Fire Amount AP 00421904 12/15/2021 WEST COAST ARBORISTS INC 109,915.35 0.00 109,915.35 AP 00421905 12/15/2021 WESTERN STATES TRANSMISSIONS 0.00 913.50 913.50 AP 00421906 12/15/2021 WILSON & BELL AUTO SERVICE 249.48 0.00 249.48 AP 00421907 12/15/2021 YAZDANBAKHSH, ANDREW 0.00 735.00 735.00 $6,865,555.80 $7,220,700.83 $355,145.03 Note: Grand Total: Total Fire: Total City: *** Check Number includes both City and Fire District expenditures 07:02:31 12/16/2021Current Date:VLOPEZ - Veronica Lopez Page:7 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 26 DATE:January 5, 2022 TO:Mayor and Members of the City Council President and Members of the Boards of Directors FROM:John R. Gillison, City Manager INITIATED BY:Tamara L. Oatman, Finance Director Veronica Lopez, Accounts Payable Supervisor SUBJECT:Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $14,238.90 Dated December 06, 2021 Through December 16, 2021. (CITY/FIRE) RECOMMENDATION: Staff recommends City Council/Board of Directors of the Fire Protection District approve payment of demands as presented. Weekly check register amounts are $13,060.53 and $1,178.37 for the City and the Fire District, respectively. BACKGROUND: N/A ANALYSIS: N/A FISCAL IMPACT: Adequate budgeted funds are available for the payment of demands per the attached listing. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: N/A ATTACHMENTS: Attachment 1 - Weekly Check Register Page 27 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT So Calif Gas Company Only. AND CITY OF RANCHO CUCAMONGA 12/6/2021 through 12/16/2021 Check No.Check Date Vendor Name City Fire Amount ***AP 00421731 12/08/2021 SO CALIF GAS COMPANY 11,355.84 1,178.37 12,534.21 AP 00421732 12/08/2021 SO CALIF GAS COMPANY 1,704.69 0.00 1,704.69 $13,060.53 $14,238.90 $1,178.37 Note: Grand Total: Total Fire: Total City: *** Check Number includes both City and Fire District expenditures 07:08:46 12/16/2021Current Date:VLOPEZ - Veronica Lopez Page:1 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 28 DATE:January 5, 2022 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Matt Burris, Deputy City Manager Economic and Community Development Flavio Nuñez, Management Analyst II SUBJECT:Consideration of a Professional Services Agreement with University Enterprises Corporation on behalf of Inland Empire Small Business Development Center for Business Consulting Services in the Amount of $25,000. (CITY) RECOMMENDATION: Staff recommends that the City Council approve a Professional Services Agreement with University Enterprises Corporation on behalf of the Inland Empire Small Business Development for Business Consulting Services in the amount of $25,000.00 BACKGROUND: The Inland Empire Small Business Development Center (IESBDC) has provided business assistance programs to the community for the last several years and continues to support the City’s efforts to improve and expand the business community. In 2020, the program contract lapsed due to an error in tracking the expiration date. The programs provided by the IESBDC includes business counseling and consulting to Rancho Cucamonga-based businesses, as well as to Rancho Cucamonga residents interested in starting their own businesses. Through a contract with the City, these services are offered to businesses and residents at no charge. ANALYSIS: Through this contract the IESBDC will continue to provide valuable service in the community. Some of the services provided by the IESBDC include presenting and hosting business workshops (e.g., How to Start A Home-Based Business; Understanding Your Financials), and one-on-one consulting (e.g., accessing capital; marketing). Additionally, the IESBDC participates in local and regional events in support of the Rancho Cucamonga business efforts. Due to the valuable support that the Inland Empire Small Business Development Center provides to the Rancho Cucamonga business community, as well as its commendable past performance in providing business services, staff recommends that the Council continue its relationship with the IESBDC and approve its 2022 contract for a 3-year term with three (3) two-year renewal options. Page 29 Page 2 1 0 7 6 FISCAL IMPACT: The proposed contract amount is for $25,000.00. This item has been budgeted in the 2021/2022 Fiscal Year Budget. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: The services provided by the Inland Empire Small Business Development Center will continue to build on our success as a world class community, to create an equitable, sustainable, and vibrant City, rich in opportunity for all to thrive. ATTACHMENTS: Attachment 1 – Agreement for Professional Services Attachment 2 – Exhibit A Scope of Services Page 30 ____________ Vendor Initials PSA with Professional Liability Insurance (non-design) Page 1 Last Revised: 10/02/13 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this 5 day of January, 2022, by and between the City of Rancho Cucamonga, a municipal corporation (“City”) and the University Enterises Corpration at CSUSB for itself and on behalf of Inland Empire Small Business Development Center, a Non-profit (“Consultant”). RECITALS A.City has heretofore issued its request for proposals to perform the following professional services: business counceling services to companies and individuals residing within the City of Rancho Cucamonga (“the Project”). B.Consultant has submitted a proposal to perform the professional services described in Recital “A”, above, necessary to complete the Project. C.City desires to engage Consultant to complete the Project in the manner set forth and more fully described herein. D.Consultant represents that it is fully qualified and licensed under the laws of the State of California to perform the services contemplated by this Agreement in a good and professional manner. AGREEMENT NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: 1.Consultant’s Services. 1.1 Scope and Level of Services. Subject to the terms and conditions set forth in this Agreement, City hereby engages Consultant to perform all technical and professional services described in Recitals “A” and “B” above, including, but not limited to business counceling services to companies and individuals residing within the City of Rancho Cucamonga, all as more fully set forth in the Consultant’s proposal, dated December 13, 2021 and entitled “Scope of Work”, attached hereto as Exhibit “A”, and incorporated by reference herein. The nature, scope, and level of the services required to be performed by Consultant are set forth in the Scope of Work and are referred to herein as “the Services.” In the event of any inconsistencies between the Scope of Work and this Agreement, the terms and provisions of this Agreement shall control. 1.2 Revisions to Scope of Work. Upon request of the City, the Consultant will promptly meet with City staff to discuss any revisions to the Project Attachment 1 Page 31 ____________ Vendor Initials PSA with Professional Liability Insurance (non-design) Page 2 Last Revised: 10/02/13 desired by the City. Consultant agrees that the Scope of Work may be amended based upon said meetings, and, by amendment to this Agreement, the parties may agree on a revision or revisions to Consultant’s compensation based thereon. A revision pursuant to this Section that does not increase the total cost payable to Consultant by more than ten percent (10%) of the total compensation specified in Section 3, may be approved in writing by City’s City Manager without amendment. 1.3 Time for Performance. Consultant shall perform all services under this Agreement in a timely, regular basis consistent with industry standards for professional skill and care, and in accordance with any schedule of performance set forth in the Scope of Work, or as set forth in a “Schedule of Performance”, if such Schedule is attached hereto as Exhibit “N/A”. 1.4 Standard of Care. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing the Services. 1.5 Familiarity with Services. By executing this Agreement, Consultant represents that, to the extent required by the standard of practice, Consultant (a) has investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. Consultant represents that Consultant, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of services, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the City Representative. 2. Term of Agreement. The term of this Agreement shall be 3 year(s) and shall become effective as of the date of the mutual execution by way of both parties signature (the “Effective Date”). No work shall be conducted; service or goods will not be provided until this Agreement has been executed and requirements have been fulfilled. Parties to this Agreement shall have the option to renew in 2 year(s) increments to a total of 3 years, unless sooner terminated as provided in Section 14 herein. Options to renew are contingent upon the City Manager’s approval, subject to pricing review, and in accordance to all Terms and Conditions stated herein unless otherwise provided in writing by the City. 3. Compensation. Page 32 ____________ Vendor Initials PSA with Professional Liability Insurance (non-design) Page 3 Last Revised: 10/02/13 3.1 Compensation. City shall compensate Consultant as set forth in Exhibit A, provided, however, that full, total and complete amount payable to Consultant shall not exceed $25,000.00 (Twenty-Five Thousand Dollars), including all out of pocket expenses, unless additional compensation is approved by the City Manager or City Council. City shall not withhold any federal, state or other taxes, or other deductions. However, City shall withhold not more than ten percent (10%) of any invoice amount pending receipt of any deliverables reflected in such invoice. Under no circumstance shall Consultant be entitled to compensation for services not yet satisfactorily performed. The parties further agree that compensation may be adjusted in accordance with Section 1.2 to reflect subsequent changes to the Scope of Services. City shall compensate Consultant for any authorized extra services as set forth in Exhibit A. 4. Method of Payment. 4.1 Invoices. Consultant shall submit to City monthly invoices for the Services performed pursuant to this Agreement. The invoices shall describe in detail the Services rendered during the period and shall separately describe any authorized extra services. Any invoice claiming compensation for extra services shall include appropriate documentation of prior authorization of such services. All invoices shall be remitted to the City of Rancho Cucamonga, California. 4.2 City shall review such invoices and notify Consultant in writing within ten (10) business days of any disputed amounts. 4.3 City shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt of the invoice up to the not-to-exceed amounts set forth in Section 3. 4.4 All records, invoices, time cards, cost control sheets and other records maintained by Consultant relating to services hereunder shall be available for review and audit by the City. 5. Representatives. 5.1 City Representative. For the purposes of this Agreement, the contract administrator and City’s representative shall be Deputy City Manager Economic and Community Development, or such other person as designated in writing by the City (“City Representative”). It shall be Consultant’s responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and Consultant shall refer any decisions that must be made by City to the City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative. 5.2 Consultant Representative. For the purposes of this Agreement, Executive Director of the Inland Empire Small Business Development Center, is hereby Page 33 ____________ Vendor Initials PSA with Professional Liability Insurance (non-design) Page 4 Last Revised: 10/02/13 designated as the principal and representative of Consultant authorized to act in its behalf with respect to the services specified herein and make all decisions in connection therewith (“Consultant’s Representative”). It is expressly understood that the experience, knowledge, capability and reputation of the Consultant’s Representative were a substantial inducement for City to enter into this Agreement. Therefore, the Consultant’s Representative shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. Consultant may not change the Responsible Principal without the prior written approval of City. 6. Consultant’s Personnel. 6.1 All Services shall be performed by Consultant or under Consultant’s direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City business license as required by the City’s Municipal Code. 6.2 Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the standard of care set forth in Section 1.4. 6.3 Consultant shall be responsible for payment of all employees’ and subcontractors’ wages and benefits, and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security. By its execution of this Agreement, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 6.4 Consultant shall indemnify, defend and hold harmless City and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant’s violations of personnel practices and/or any violation of the California Labor Code. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Ownership of Work Product. 7.1 Ownership. All documents, ideas, concepts, electronic files, drawings, photographs and any and all other writings, including drafts thereof, prepared, created or provided by Consultant in the course of performing the Services, including any and all intellectual and proprietary rights arising from the creation of the same (collectively, “Work Product”), are considered to be “works made for hire” for the Page 34 ____________ Vendor Initials PSA with Professional Liability Insurance (non-design) Page 5 Last Revised: 10/02/13 benefit of the City. Upon payment being made, and provided Consultant is not in breach of this Agreement, all Work Product shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Basic survey notes, sketches, charts, computations and similar data prepared or obtained by Consultant under this Agreement shall, upon request, be made available to City. None of the Work Product shall be the subject of any common law or statutory copyright or copyright application by Consultant. In the event of the return of any of the Work Product to Consultant or its representative, Consultant shall be responsible for its safe return to City. Under no circumstances shall Consultant fail to deliver any draft or final designs, plans, drawings, reports or specifications to City upon written demand by City for their delivery, notwithstanding any disputes between Consultant and City concerning payment, performance of the contract, or otherwise. This covenant shall survive the termination of this Agreement. City’s reuse of the Work Product for any purpose other than the Project, shall be at City’s sole risk. 7.2. Assignment of Intellectual Property Interests: Upon execution of this Agreement and to the extent not otherwise conveyed to City by Section 7.1, above, the Consultant shall be deemed to grant and assign to City, and shall require all of its subcontractors to assign to City, all ownership rights, and all common law and statutory copyrights, trademarks, and other intellectual and proprietary property rights relating to the Work Product and the Project itself, and Consultant shall disclaim and retain no rights whatsoever as to any of the Work Product, to the maximum extent permitted by law. City shall be entitled to utilize the Work Product for any and all purposes, including but not limited to constructing, using, maintaining, altering, adding to, restoring, rebuilding and publicizing the Project or any aspect of the Project. 7.3 Title to Intellectual Property. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of the Work Product and/or materials produced under this Agreement, and that City has full legal title to and the right to reproduce any of the Work Product. Consultant shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City’s use is violating federal, state or local laws, or any contractual provisions, relating to trade names, licenses, franchises, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, software, equipment, devices or processes used or incorporated in the Services and materials produced under this Agreement. In the event City’s use of any of the Work Product is held to constitute an infringement and any use thereof is enjoined, Consultant, at its expense, shall: (a) secure for City the right to continue using the Work Product by suspension of any injunction or by procuring a Page 35 ____________ Vendor Initials PSA with Professional Liability Insurance (non-design) Page 6 Last Revised: 10/02/13 license or licenses for City; or (b) modify the Work Product so that it becomes non- infringing. This covenant shall survive the termination of this Agreement. 8. Status as Independent Contractor. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and to defend, indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. 9. Confidentiality. Consultant may have access to financial, accounting, statistical, and personnel data of individuals and City employees. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Consultant’s covenant under this Section shall survive the termination of this Agreement. This provision shall not apply to information in whatever form that is in the public domain, nor shall it restrict the Consultant from giving notices required by law or complying with an order to provide information or data when such an order is issued by a court, administrative agency or other legitimate authority, or if disclosure is otherwise permitted by law and reasonably necessary for the Consultant to defend itself from any legal action or claim. 10. Conflict of Interest. 10.1 Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant “financially interested” (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 10.2 Consultant further represents that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, Page 36 ____________ Vendor Initials PSA with Professional Liability Insurance (non-design) Page 7 Last Revised: 10/02/13 to solicit or obtain this Agreement. Consultant has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 10.3 Consultant has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited “conflict of interest” under applicable laws as described in subsection 10.1. 11. Indemnification. 11.1 Professional Services. In the connection with its professional services, the Consultant shall defend, indemnify, and hold the City, and its elected officials, officers, employees, servants, volunteers, and agents serving as independent contractors in the role of City officials, (collectively, “Indemnitees”), free and harmless with respect to any and all damages, liabilities, losses, reasonable defense costs or expenses (collectively, “Claims”), including but not limited to liability for death or injury to any person and injury to any property, to the extent the same arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant or any of its officers, employees, subcontractors, consultants, or agents in the performance of its professional services under this Agreement. Consultant shall pay all reasonable defense costs and expenses, including actual attorney’s fees and experts’ costs incurred in connection with such defense. 11.2 Other Indemnities. In connection with all Claims not covered by Section 11.1, and to the maximum extent permitted by law, the Consultant shall defend, hold harmless and indemnify the Indemnitees with respect to any and all Claims including but not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the acts, omissions, activities or operations of Consultant or any of its officers, employees, subcontractors, subconsultants, or agents in the performance of this Agreement. Consultant shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of City’s choice, and shall pay all costs and expenses, including actual attorney’s fees and experts’ costs incurred in connection with such defense. The indemnification obligation herein shall not in any way be limited by the insurance obligations contained in this Agreement provided, however, that the Contractor shall have no obligation to indemnify for Claims arising out of the sole negligence or willful misconduct of any of the Indemnitees. Page 37 ____________ Vendor Initials PSA with Professional Liability Insurance (non-design) Page 8 Last Revised: 10/02/13 11.3 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. 11.4 Waiver of Right of Subrogation. Except as otherwise expressly provided in this Agreement, Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Consultant. 11.5 Survival. The provisions of this Section 11 shall survive the termination of the Agreement and are in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against Consultant shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. 12. Insurance. 12.1 Liability Insurance. Consultant shall procure and maintain in full force and effect for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by Consultant, and/or its agents, representatives, employees and subcontractors. 12.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker’s Compensation insurance as required by the State of California, and Employer’s Liability Insurance. (4) Professional Liability insurance in a form approved by the City, having, at City’s option, an extended reporting period of not less than three (3) years; or professional liability insurance shall be maintained for a period of three (3) years after completion of the Services which shall, during the entire three (3) year period, provide protection against claims of professional negligence arising out of Page 38 ____________ Vendor Initials PSA with Professional Liability Insurance (non-design) Page 9 Last Revised: 10/02/13 Consultant’s performance of the Services and otherwise complying with all applicable provisions of this Section 12. The policy shall be endorsed to include contractual liability to the extent insurable. 12.3 Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) Commercial General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. Commercial General Liability Insurance with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage. (3) Employer’s Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Workers’ Compensation Insurance in the amount required by law. (4) Professional Liability: $1,000,000 per claim/aggregate. (5) The Insurance obligations under this agreement shall be the greater of (i) the Insurance coverages and limits carried by the Contractor; or (ii) the minimum insurance requirements shown in this Agreement. Any insurance proceeds in excess of the specified limits and coverage required which are applicable to a given loss, shall be available to the City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the Contractor under this Agreement. 12.4 Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City and shall not reduce the limits of coverage. City reserves the right to obtain a full certified copy of any required insurance policy and endorsements. 12.5 Other Insurance Provisions. (1) The commercial general liability and automobile liability policies are to contain the following provisions on a separate additionally insured endorsement naming the City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of Page 39 ____________ Vendor Initials PSA with Professional Liability Insurance (non-design) Page 10 Last Revised: 10/02/13 City officials as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; and/or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials which are not also limitations applicable to the named insured. (2) For any claims related to this Agreement, Consultant’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City or officials. Any insurance or self- insurance maintained by City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials shall be excess of Consultant’s insurance and shall not contribute with it. (3) Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. (4) Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Contractor shall forthwith obtain and submit proof of substitute insurance. Should Contractor fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at Contractor’s sole cost and expense. (5) Each insurance policy, required by this clause shall expressly waive the insurer’s right of subrogation against City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials. Page 40 ____________ Vendor Initials PSA with Professional Liability Insurance (non-design) Page 11 Last Revised: 10/02/13 (6) Each policy shall be issued by an insurance company approved in writing by City, which is admitted and licensed to do business in the State of California and which is rated A:VII or better according to the most recent A.M. Best Co. Rating Guide. (7) Each policy shall specify that any failure to comply with reporting or other provisions of the required policy, including breaches of warranty, shall not affect the coverage required to be provided. (8) Each policy shall specify that any and all costs of adjusting and/or defending any claim against any insured, including court costs and attorneys' fees, shall be paid in addition to and shall not deplete any policy limits. (9) Contractor shall provide any and all other required insurance, endorsements, or exclusions as required by the City in any request for proposals applicable to this Agreement. 12.6 Evidence of coverage. Prior to commencing performance under this Agreement, the Consultant shall furnish the City with certificates and original endorsements, or copies of each required policy, effecting and evidencing the insurance coverage required by this Agreement including (1) Additional Insured Endorsement(s), (2) Worker’s Compensation waiver of subrogation endorsement, and (3) General liability declarations or endorsement page listing all policy endorsements. The endorsements shall be signed by a person authorized by the insurer(s) to bind coverage on its behalf. All endorsements or policies shall be received and approved by the City before Consultant commences performance. If performance of this Agreement shall extend beyond one year, Consultant shall provide City with the required policies or endorsements evidencing renewal of the required policies of insurance prior to the expiration of any required policies of insurance. 12.7 Contractor agrees to include in all contracts with all subcontractors performing work pursuant to this Agreement, the same requirements and provisions of this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of any such subcontractor’s work. Contractor shall require its subcontractors to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City pursuant to this Agreement, and to require each of its subcontractors to include these same provisions in its contract with any sub- subcontractor. 13. Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation that City might require. City shall compensate Consultant for any litigation support services in an amount to be agreed upon by the parties. Page 41 ____________ Vendor Initials PSA with Professional Liability Insurance (non-design) Page 12 Last Revised: 10/02/13 14. Termination. City shall have the right to terminate this Agreement at any time for any or no reason on not less than ten (10) days prior written notice to Consultant. In the event City exercises its right to terminate this Agreement, City shall pay Consultant for any services satisfactorily rendered prior to the effective date of the termination, provided Consultant is not then in breach of this Agreement. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation. City may terminate for cause following a default remaining uncured more than five (5) business days after service of a notice to cure on the breaching party. Consultant may terminate this Agreement for cause upon giving the City ten (10) business days prior written notice for any of the following: (1) uncured breach by the City of any material term of this Agreement, including but not limited to Payment Terms; (2) material changes in the conditions under which this Agreement was entered into, coupled with the failure of the parties to reach accord on the fees and charges for any Additional Services required because of such changes. 15. Notices. Any notices, bills, invoices, or reports authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Consultant’s and City’s regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses set forth in this Section, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City: Matt Burris, Deputy City Manager Economic and Community Development 10500 Civic Center Dr. Rancho Cucamonga, CA 91730 If to Consultant: Diane Trujillo, MPA, Director Sponsored Programs Administration Academic Reseach/AR-111E University Enterprises Corporation CSUSB 5500 University Parkway, San Bernardino, CA 92407 16. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. Consultant will take affirmative action to ensure that Page 42 ____________ Vendor Initials PSA with Professional Liability Insurance (non-design) Page 13 Last Revised: 10/02/13 subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. 17. Assignment and Subcontracting. Consultant shall not assign or transfer any interest in this Agreement or subcontract the performance of any of Consultant’s obligations hereunder without City’s prior written consent. Except as provided herein, any attempt by Consultant to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 18 Compliance with Laws. Consultant shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Consultant performs the Services. CONSULTANT is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, CONSULTANT agrees to fully comply with such Prevailing Wage Laws. The applicable prevailing wage rate determinations can be found at http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm CONSULTANT shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the Project site. CONSULTANT shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 19. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Attorney’s Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney’s fees and costs of experts. 21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material Page 43 ____________ Vendor Initials PSA with Professional Liability Insurance (non-design) Page 14 Last Revised: 10/02/13 discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. 22. Applicable Law and Venue. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. Venue for any action relating to this Agreement shall be in the San Bernardino County Superior Court. 23. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 24. Entire Agreement. This Agreement consists of this document, and any other documents, attachments and/or exhibits referenced herein and attached hereto, each of which is incorporated herein by such reference, and the same represents the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. Consultant Name: Diane Trujillo, MPA By: ______________________________ Name Date ______________________________ Title City of Rancho Cucamonga By:________________________________ Name Date _________________________________ Title By: ______________________________ Name Date ______________________________ Title City of Rancho Cucamonga By:________________________________ Name Date _________________________________ Title (two signatures required if corporation) Page 44 ____________ Vendor Initials PSA with Professional Liability Insurance (non-design) Page 15 Last Revised: 10/02/13 EXHIBIT A SCOPE OF SERVICES See Next Page [Intentinaly left blank] Page 45 ____________ Vendor Initials PSA with Professional Liability Insurance (non-design) Page 16 Last Revised: 10/02/13 EXHIBIT B SCHEDULE OF PERFORMANCE N/A Page 46 ____________ Vendor Initials PSA with Professional Liability Insurance (non-design) Page 17 Last Revised: 10/02/13 Page 47 ____________ Vendor Initials PSA with Professional Liability Insurance (non-design) Page 18 Last Revised: 10/02/13 Attachment A – Sample Waiver of Subrogation (Sample Only – Not all forms will look identical to this Sample) The City of Rancho Cucamonga, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City or officials. Page 48 ____________ Vendor Initials PSA with Professional Liability Insurance (non-design) Page 19 Last Revised: 10/02/13 Attachment B – Sample Additional Insured for On-going Projects The City of Rancho Cucamonga, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City or officials. Page 49 EXHIBIT A SCOPE OF SERVICES – December 13, 2021 City of Rancho Cucamonga AND UNIVERSITY ENTERPRISES CORPORATION AT CSUSB (UEC) for itself and on behalf of INLAND EMPIRE SMALL BUSINESS DEVELOPMENT CENTER (IESBDC) 2022 CONSULTING SERVICES The Consultant will provide professional consulting services and deliver advice, assistance, and guidance relative to business-related issues at no charge to businesses. Consulting services will be conducted at the Rancho Cucamonga Chamber of Commerce or at the clients’ existing commercial business location. For clients who, for health or other reasons, would prefer an alternative to in-person consulting sessions, both phone and online Zoom meetings will also be offered Consultant will provide advice and assistance on a variety of business topics including, but not limited to: •Business Plan Development •Start-up Requirements •Business Management •Expansion Strategies •Marketing / Advertising •Accounting / Bookkeeping •Financial Analysis •Human Resources Management •Home-Based Businesses •Government Procurement •Funding Sources •Resource Referrals •Patents, Trademarks, Copyrights •Loan Applications •Buying and Selling a Business •Franchising •Social Media / Internet Marketing SEMINARS City will provide Consultant with a location within the city limits to conduct seminars. Consultant will conduct a minimum of two hours per month of business seminars at the City’s designated site. Consultant will provide these seminars (at no additional cost to the City or seminar attendees) on the topics mentioned in this section under Consulting Services, or on other topics relative to start-up or existing businesses. Seminar topics will be discussed and agreed upon by the City and Consultant prior to seminar scheduling. Attachment 2 Page 50 MARKETING Consultant will be responsible for marketing the consulting services and seminars to the business community by means of fliers, press releases, and presentations to business groups. All seminars will be listed on the SBDC website and submitted to the local SBA District Office for inclusion in their online monthly marketing calendar. The program is also to be marketed through the Rancho Cucamonga Chamber of Commerce, including the Business Connection Network. Consultant will be responsible for designing marketing materials and paying for printing costs. City will actively assist Consultant in the marketing and promotion. Consultant and City will explore ways to further outreach to underserved business groups. PERFORMANCE MEASURES The performance measures for the Consultant in providing business consulting services and seminars to clients are (on an annual basis): Total Clients Assisted (one-on-one) 80 Number of Specialty Workshops 6 Number of Start-Up Workshops 6 Number of Attendees at Workshops (average) 15 ACTIVITY REPORTS Consultant will provide quarterly reports of activities, including: Number of consultations Number of businesses served Number of hours spent assisting businesses Type of assistance provided (i.e. marketing, social media, funding, licensing) Type of businesses (i.e. retail, service, construction, wholesale, manufacturing) Economic Impact achieved with businesses Product / Service offerings of businesses Status of businesses (start-up or existing) Number of seminars presented and number of attendees Referral source of new clients Quarterly reports will be submitted covering the previous quarter’s activities. Page 51 COMPENSATION The City of Rancho Cucamonga will provide IESBDC with $25,000 in cash match to support a small business technical assistance and training program for the 2022 contract Year. The City of Rancho Cucamonga will pay the IESBDC in two payments for the cash match amount. Invoice January 2022 - $12,500 and December 2022 - $12,500 Page 52 DATE:January 5, 2022 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Matthew R. Burris, AICP, Deputy City Manager Lori Sassoon, Deputy City Manager Jennifer Nakamura, Management Analyst II SUBJECT:Consideration of Second Reading and Adoption of the Following: ORDINANCE NO. 991 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING CHAPTER 3.76 TO THE RANCHO CUCAMONGA MUNICIPAL CODE TO ESTABLISH AN AFFORDABLE HOUSING DEVELOPMENT IMPACT FEE RECOMMENDATION: Staff recommends that the City Council waive full reading and adopt Ordinance No. 991. BACKGROUND: The introduction and first reading of the above-entitled Ordinances was conducted at the Regular Council meeting of November 17, 2021. Votes at first reading: AYES: Scott, Hutchison, Kennedy, Michael, Spagnolo. ABSENT: None ANALYSIS: Please refer to the December 15, 2021 City Council Staff Report. FISCAL IMPACT: Please refer to the December 15, 2021 City Council Staff Report. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: Please refer to the December 15, 2021 City Council Staff Report. ATTACHMENTS: Attachment 1 – Ordinance No. 991 Page 53 Ordinance No. 991 – Page 1 of 6 ORDINANCE NO. 991 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING CHAPTER 3.76 TO THE RANCHO CUCAMONGA MUNICIPAL CODE TO ESTABLISH AN AFFORDABLE HOUSING DEVELOPMENT IMPACT FEE A.RECITALS 1.There is a shortage of affordable housing in the City of Rancho Cucamonga, as evidenced in the City's Housing Element. 2.New non-residential (e.g. retail/commercial, office, industrial, warehouse, and research and development) development creates a variety of new jobs with varied degrees of compensation for workers in such developments. 3.The addition of new workers in these new non-residential developments generates housing demand for households at extremely low, very low, low, and moderate incomes. 4.Due to housing and market conditions, new market-rate development projects in the City have provided a disproportionate quantity of housing units that are not affordable to all income groups, creating an unbalanced housing stock. 5.There is a low vacancy rate for housing affordable to persons of extremely low, very low, low, and moderate income households. 6.Rancho Cucamonga has one of the least affordable real estate markets in San Bernardino County. 7.Due to these factors, workers of extremely low, very low, low, and moderate income are experiencing increasing difficulty in locating and maintaining adequate, safe, and sanitary affordable housing within or near the City. 8.The failure to provide adequate affordable housing for lower-wage workers can force these workers to live in less than adequate housing within the City, pay a significantly disproportionate share of their incomes to live in adequate housing within the City, or commute ever-increasing distances to their jobs from housing located outside the City. 9.The lack of affordable housing has detrimental impacts on traffic, transit, and related air quality impacts and the demands placed on the regional transportation infrastructure. 10.Non-residential uses in the City benefit from the availability of housing close to their employees. 11.The City has commissioned the preparation of a Non-Residential Linkage Fee Nexus Study, prepared by Keyser Marston Associates, Inc., dated October 5, 2021 ("Nexus Study"), to analyze the relationship between non-residential development, job creation, and the demand for affordable housing, in compliance with the Mitigation Fee Act (California Government Code Sections 66000 et seq.). 12.According to the Nexus Study (pgs. 10-25), a nexus exists between the addition of new non- residential development and the jobs/new workers that this development creates, and the workers' Page 54 Ordinance No. 991 – Page 2 of 6 need for additional housing in proximity to the jobs, a portion of which must be affordable to low- income workers. 13. More specifically, the Nexus Study documents the linkage between new and expanded non- residential development, the net number of new employees and employee households generated by businesses occupying these land use buildings, and the housing demands of these households. 14. As discussed in detail in the Nexus Study, new housing affordable to persons identified in the Nexus Study is not now being added to the supply in sufficient quantity to meet the needs of the new employee households associated with new or expanded non-residential development. 15. The Nexus Study quantifies the cost mitigation associated with developing affordable housing units based on the identified need resulting from employees generated by new non-residential development. 16. The City Council is imposing the fee established by this Ordinance in order to partially close this gap by using the fee to help finance additional affordable housing stock. 17. The Rancho Cucamonga Municipal Code does not currently establish an adequate mechanism to account for the impact that non-residential development has on increasing the need for affordable housing. 18. Requiring non-residential developers to assist in the production of affordable housing is also consistent with the City's long-standing commitment to achieve and maintain a suitable living environment, including housing for all economic levels. 20. This municipal commitment conforms with State and Federal policies and is an important goal of the City's draft Housing Element, which is expected to be adopted in the coming months. 21. Program HE-12 of the City's draft 2021-2029 Housing Element states: “The City has seen a significant increase in non-residential development in recent years, resulting in job increases in multiple business sectors and an increased associated need for affordable housing. To mitigate the impact of newly generated jobs on the local housing market, the City will explore a linkage fee for non-residential development.” 22. This fee program will benefit the City as a whole since each development which contributes to affordable housing through the payment of this fee assists in augmenting the City's housing mix, helps to increase the supply of housing for all economic segments of the community, and addresses the affordable housing need generated by the development, thereby supporting a balanced community which is beneficial to the public health, safety, and welfare of the City. 23. The City wishes to impose an affordable housing development impact fee on non- residential development, and to deposit such fees into a newly-established and stand-alone fund to partially fund development of affordable housing in the City. 24. All prerequisites necessary to the adoption of this ordinance have occurred, including the noticing procedures outlined in the Mitigation Fee Act. B. ORDINANCE The City Council of the City of Rancho Cucamonga does ordain as follows: Section 1. Findings Page 55 Ordinance No. 991 – Page 3 of 6 A. The provision of safe and stable housing for households at all income levels is essential for the public welfare of the City of Rancho Cucamonga. Housing in the City has become steadily more expensive and housing costs have gone up faster than incomes. Federal and state government programs do not provide enough affordable housing to satisfy the needs of very low, low, or moderate income households. As a result, there is a severe shortage of adequate, affordable- housing for very low, lower, and moderate income households, as evidenced by the following findings in the City's draft 2021-2029 Housing Element: 1. The City had a regional housing need between 2013 and 2021 to construct 209 very low income units, 141 low income units and 158 moderate income units. According to the 2020 Housing Element Annual Progress Report, between 2013 and 2020, 18 very low income units, 11 low income units and 171 moderate income units were permitted. Less than 40 percent of the very low, low and moderate allocated units were permitted during the current housing cycle period. 2. The City has a regional housing need between 2021 and 2029 to construct 3,245 extremely low/very low income units, 1,920 low income units, and 2,031 moderate income units (Draft Housing Element 2021-2029, Table HE-47, Page 72). According to the draft Housing Element, after accounting for potential future Accessory Dwelling Units, the City still needs to construct 3,209 extremely low/very low income units and 1,864 low income units. Therefore, the City's current policies have not been sufficient to generate enough new housing affordable to Extremely Low Income, Very Low Income, and Low Income households. B. The City Council finds that there is a dire need for housing to accommodate the significant workforce increase caused by non-residential development in recent years. Such job increases in multiple business sectors is correlated with an increased associated need for affordable housing. To mitigate the impact of newly generated jobs on the local housing market, the City Council finds that there is a need for non-residential development to support the resulting workforce’s affordable housing demand. Section 2. A new Chapter 3.76 entitled “Affordable Housing Linkage Fee” is hereby added to Title 3 (“Revenue and Finance”) of the Rancho Cucamonga Municipal Code to read as follows: Chapter 3.76 AFFORDABLE HOUSING DEVELOPMENT IMPACT FEE 3.76.010 Purpose and Intent. 3.76.020 Definitions. 3.76.030 Affordable Housing Development Impact Fee. 3.76.040 Adjustments or Waivers. 3.76.050 Conversion. 3.76.060 Use of Funds. 3.76.010 Purpose and Intent. A. The purpose of this chapter is to facilitate the development and availability of housing affordable to a range of households with varying income levels within the city through creation and imposition of a fee on new non-residential development, which will partially fund the need for affordable housing created by the workforce of new development. B. The requirements of this chapter are based on a number of factors including, but not limited to, the city's long-standing commitment to increasing opportunities for affordable housing; the immediate need for affordable housing, as reflected in local, state, and federal housing regulations and policies; the demand for affordable housing created by non-residential development; and the impact that the lack of affordable housing production has on the health, safety, and welfare of the city's residents including its impacts on traffic, transit and related air quality impacts, and the demands placed on the regional transportation infrastructure. Imposing a fee that is reasonably related to the burdens created Page 56 Ordinance No. 991 – Page 4 of 6 by new non-residential development on the city's need for affordable housing will enable the city to fund development of affordable housing units that will contribute to addressing these impacts and fulfilling these goals. C. It is the intent of the city council that the fee required by this chapter shall be supplementary to any conditions imposed upon a development project pursuant to other provisions of this code, the Subdivision Map Act, the California Environmental Quality Act, and other state and local laws, which may authorize the imposition of project-specific conditions on development. 3.76.020 Definitions. For the purpose of this chapter, the following words, terms, and phrases shall be defined as set forth below: "Affordable housing development impact fee" means the fee paid by a developer of a non-residential development project to mitigate the impacts that such a project has on the demand for affordable housing in the city. "Affordable housing development impact fund" means a fund or account designated by the city to maintain and account for all monies received pursuant to this chapter. "Non-residential development project" means the construction or the addition of new non-residential gross floor area, or the conversion from a use exempt from the affordable housing development impact fee to a use subject to the affordable housing development impact fee. Non-residential development includes retail/commercial, office, industrial, warehouse, and research and development uses. "Community land uses which serve the public" means uses that include, but are not limited to, hospitals, places of worship, museums, educational facilities (public K-12 schools, community colleges, and colleges and universities), youth and recreational facilities, retirement or rest homes, emergency shelters, and other such institutional uses which serve the public, as determined by the director. "Developer" means any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities, which seeks or applies for city approvals, permits or entitlements for all or part of a non-residential development project. "Director” shall mean the engineering services director. "Gross floor area" shall have the same meaning as set forth in section 17.126.020 ("Floor area, gross"). "Mixed-use development" shall have the same meaning as that set forth in section 17.126.020 (“Development, mixed use”). 3.76.030 Affordable Housing Development Impact Fee. A. Requirement. An affordable housing development impact fee is hereby imposed on all non-residential development projects, except those exempt projects identified below. No application for a building permit for a non-residential development project shall be approved, nor shall any such non- residential development project be constructed, without first complying with this chapter. The fee imposed by this chapter shall be paid by each developer no sooner than issuance of a building permit and no later than issuance of a certificate of occupancy for the structure. No certificate of occupancy shall be issued for a non-residential development project that has not paid the fee required under this chapter. The amount of the fee shall be calculated at the time the fee is paid, based upon the rate then in effect. B. Exemptions. Notwithstanding subsection A above, this chapter shall not apply to the following: Page 57 Ordinance No. 991 – Page 5 of 6 1. Any non-residential development project with a gross floor area of 10,000 square feet or less; 2. Community land uses which serve the public, as defined by this ordinance; 3. Reconstruction of any building that was destroyed by fire, flood, earthquake or other act of nature, so long as the square footage does not exceed the square footage before the loss; 4. The residential portion of a mixed-use development project; 5. Utility, transportation, public facility, and communication uses; 6. Any non-residential development project developed by a public agency; 7. The non-residential area of any mixed-use project that includes at least 5% of the total number of residential units reserved for extremely low/very low or low income households. The applicant shall enter into a regulatory agreement with the city to preserve the units at such income levels for at least 45 years. The agreement shall be recorded as a deed restriction against the property. C. Calculation of the fee. The affordable housing development impact fee shall be charged on new gross floor area, subject to section 3.76.050. The amount of the fee shall be established by resolution of the city council. 3.76.040 Adjustments or Waivers. A. The requirements of this chapter may be adjusted or waived by the City Council if the developer demonstrates that an insufficient nexus exists between the proposed use and the affordable housing development impact fee. The developer shall submit documentation demonstrating this with a request for an adjustment or waiver in writing to the director no later than ten days prior to the public hearing on the development permit application for the project or, if no development permit is required, at the time of the filing of the request for a building permit. The developer shall provide such additional information as may be required by the director to process the request for consideration by the City Council. B. The requirements of this chapter may be adjusted or waived by the City Council if the developer demonstrates that applying this chapter would constitute a taking of property without just compensation in violation of the United States and/or California Constitutions. The developer shall submit a request for an adjustment or waiver in writing to the director no later than ten days prior to the public hearing on the development permit application for the project or, if no development permit is required, at the time of the filing of the request for a building permit than the date it files its initial development application with the city. The developer shall provide such additional information as may be required by the director to process the request for consideration by the City Council. 3.76.050 Conversion. If a development is exempt from the fee at initial construction, but later converts to a non-residential development project subject to the fee, the converted square footage will be deemed new gross floor area and the affordable housing development impact fee shall be paid pursuant to section 3.76.030. The amount of the fee shall be calculated at the time the fee is paid, based upon the rate then in effect. 3.76.060 Use of Funds. All funds derived from this chapter shall be placed in a separate and distinct affordable housing development impact fund and used solely to increase the supply of housing affordable to extremely Page 58 Ordinance No. 991 – Page 6 of 6 low, very low, low and moderate income households, the demand for which is created by the development of new non-residential development in the city. Section 3. This ordinance and the affordable housing development impact fee shall apply to all non-residential development projects except those that have received all required discretionary entitlements prior to the effective date of this ordinance. Section 4. The City Council declares that, should any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. Section 5. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. PASSED, APPROVED, AND ADOPTED this _____ day of ______________ 2021. CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA BY: L. Dennis Michael, Mayor I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council held on the __ day of ___________ 2021, by the following vote-to-wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ATTEST: City Clerk of the City of Rancho Cucamonga Page 59 DATE:January 5, 2022 TO:Mayor and Members of the City Council and Board of Directors President and Members of the Rancho Cucamonga Fire Protection District Boards of Directors FROM:John R. Gillison, City Manager INITIATED BY:Sean McPherson, AICP, Senior Planner SUBJECT:Public Hearing to Consider First Reading of City Council Ordinance No. 992, to Approve Prezoning (DRC2020-00186), Consent to a Proposed Annexation, and Adopt an Associated Plan for Service (DRC2020- 00185), and City Council Ordinance No. 993 to Approve Development Agreement (DRC2021-00175), Each to be Read by Title Only and Waive Further Reading, to Consider City Council Resolutions to Adopt General Plan Amendment (DRC2020-00184), Tentative Parcel Map (SUBTPM20251), Design Review (DRC2020-00177), Conditional Use Permit (DRC2021-00317), Uniform Sign Program (DRC2020-00178), and Certification of Environmental Impact Report, Make Findings Pursuant to the Environmental Quality Act, and Adopt a Mitigation Monitoring and Reporting Program (SCH No. 2020090076) to Allow for the Development of Two Industrial Warehouse Buildings totaling approximately 655,878 square feet on an approximate 35-acre project site Located Approximately 650 East of Etiwanda Avenue, North of Napa Street; APNS: 0229-291-23, -46, and -54. The Rancho Cucamonga Fire Protection District Will Also Consider a Resolution to Consent to the Proposed Annexation and Adoption of a Plan (DRC2020-00185) for the Same Project. (RESOLUTION NOS. 2022-001, 2022-002, 2022-003, 2022-004 & 2022-005, 2022-006 AND FD2022-001) (ORDINANCE NOS. 992 & 993) (CITY/FIRE) RECOMMENDATION: Staff recommends the City Council certify the Environmental Impact Report, make findings pursuant to the California Environmental Quality Act, adopt a mitigation monitoring and reporting program, and approve General Plan Amendment (DRC2020-00184), Consent to a Proposed Annexation, and Adopt an Associated Plan for Service (DRC2020-00185), Prezoning (DRC2020- 00186), Tentative Parcel Map (SUBTPM20251), Design Review (DRC2020-00177), Conditional Use Permit (DRC2021-00317), Uniform Sign Program (DRC2020-00178) and Development Agreement (DRC2021-00175) through the adoption of the attached Ordinances and Resolutions, and recommend that the Fire Protection District Board of Directors consent to the annexation as described in this report and adopt a plan of service for the annexed land. Page 60 Page 2 1 0 7 5 BACKGROUND: The project area, located approximately 650 foot east of Etiwanda Avenue, north of Napa Street, comprises two parcels which total approximately 35 acres: APN: 0229-291-54 which totals approximately 32.83 acres and is located within the City of Rancho Cucamonga; and APN: 0229- 291-46 which totals approximately 2.9 acres and is located within unincorporated San Bernardino County and the City of Fontana’s Sphere of Influence (SOI). A 0.69-acre portion of a third parcel, identified as APN: 0229-291-23, also located within unincorporated San Bernardino County and the City of Fontana’s SOI, is located at the northeast corner of the intersection of Etiwanda Avenue and Napa Street. Staff notes that APN: 0229-291-46 and the above referenced portion of APN: 0229-291-23 are proposed to be annexed into the City as part of the subject development application. To be sure, the San Bernardino County Local Agency Formation Commission (LAFCO) approves annexations and the applicant is expected to process the annexation through LAFCO once the project entitlements are acted upon by the City. However, the City must consent to the annexation. Reference “Figure 1: Proposed Annexation Map” below which illustrates the location of these various parcels. Figure 1: Proposed Annexation Map Generally, the project area is vacant, with the exception of an existing rail spur running in a north- south orientation roughly bisecting the site which serves properties to the south, and existing Southern California Edison (SCE) overhead powerlines traversing the site in an east-west orientation. The existing rail spur is proposed to remain; however, the existing overhead SCE powerlines are proposed to be relocated along Napa Street within the eastern half of the site in order to accommodate the proposed project. The proposed project includes the construction of one new north-south street which will be located along the westerly property line of the project area and will be designed to eventually connect to a future east-west street located immediately Page 61 Page 3 1 0 7 5 south of the Metrolink railway and parallel to Napa Street. City staff proposes that this new north- south street be named Via Maris Place. The applicant and City have also negotiated a development agreement as part of the project which includes a variety of provisions intended to off-set any adverse impacts the project may cause that are not otherwise mitigated through CEQA. After the applicant submitted their application, but before it was deemed complete, the City Council enacted a moratorium on November 4, 2020 to prohibit certain industrial uses while the City updated its code standards in response to rising interest and significant demand for the development of new industrial uses and the redevelopment of legacy uses largely located within the Southeast Industrial Quadrant (SEIQ), an area of the City bounded by Arrow Route to the north, 4th Street to the south, I-15 Freeway to the west, and the City’s jurisdictional limit line to the east. Following the expiration of the moratorium on June 30, 2021, the City Council adopted Ordinance 982 on July 7, 2021 which established new development standards for industrial projects throughout the City in response to this demand in industrial development. Notably, the applications for the subject project (except for the use permit), which had been deemed complete prior to the effective date of Ordinance 982, were exempt from the new requirements of Ordinance 982. Except for the CUP application, the subject development applications had been deemed complete on January 7, 2021, which is prior to the adoption of Ordinance 982. Pursuant to Development Code Section 17.02.020F.1, “all land use permit applications that are active and that have been determined by the planning director to be complete before the effective date of this title, or any amendments thereto, will be processed according to the regulations in effect when the application was deemed complete.” Thus, as the subject applications (except for the use permit) were deemed complete prior to the adoption of Ordinance 982, it has been analyzed against standards in effect prior to the adoption of Ordinance 982. On December 8, 2021, the Planning Commission voted unanimously to recommend that the City Council approve the subject project, certify the subject EIR, and adopt the corresponding mitigation monitoring and reporting program. For a full description of the project background and analysis, including but not limited to architecture and the project’s compliance with relevant development standards, please refer to the December 8, 2021 Planning Commission staff report which is included with this staff report as Attachment 14. ANALYSIS: The applicant Kimley-Horn and Associates, on behalf of Hillwood Enterprises, L.P., proposes to annex the portion of the project area currently located outside the City’s jurisdiction as described above and subdivide the project area into two new parcels, Parcel I and Parcel II, to accommodate the development of two new industrial warehouse buildings: Building A, located on the proposed Parcel I, totals approximately 500,648 square feet; and Building B, located on the proposed Parcel II, totals approximately 155,230 square feet. Each building includes approximately 10,000 square feet of office area. Building A, as proposed, will have a maximum height of approximately 58.5 feet and Building B, as proposed will have a maximum height of 46 feet. Access to the proposed project is primarily off Napa Street. However, the new north-south road, Via Maris Place, is also proposed to be constructed along the westerly boundary of the project area and will provide access to Parcel II. Staff notes that the applicant has also proposed an “Alternate Site Plan,” which proposes only one industrial warehouse building (Building A), totaling 500,648 square feet. In this alternate version of the project, Building A would be occupied by a potential “E-Commerce” user and Page 62 Page 4 1 0 7 5 Building B is replaced with a surface level parking lot providing 849 parking stalls. Staff notes that as of the writing of the report, the City Council is acting upon the design of the two-building project, which was the “project” for purposes of analysis in the EIR, and the developer has submitted plans for building permit plan check for the two-building iteration of the project and this is the project before the City Council for consideration. Despite this, the environmental impact report prepared for the project included a separate analysis of the Alternate Site plan. Entitlements Required for Proposed Development: The project requires a General Plan Amendment, a Zoning Map Amendment, an Annexation by LAFCO, Prezoning, Tentative Parcel Map, Design Review, Conditional Use Permit, and Uniform Sign Program. Further, the applicant proposes to enter into a Development Agreement with the City. Pursuant to Municipal Code Section 17.14.060.B, “when a proposed project requires more than one permit with more than one approving authority, all project permits shall be processed concurrently, and final action shall be taken by the highest-level designated approving authority for all such requested permits.” The City Council is the highest-level approving authority because it must consider the Prezoning, General Plan Amendment and Development Agreement. General Plan Amendment (DRC2020-00184): At the time that the Planning Commission reviewed the project on December 8, 2021, the general plan land use designation for the portion of the project area located within the City (APN:0229-291-54) was split between Heavy Industrial (HI) and Flood Control Utility Corridor (FC/UC) with a “floating park designation as this parcel was at one time considered a potential location for a recreational facility pursuant to the 2010 General Plan. On December 15, 2021, following the Planning Commission’s review of the subject application, the City Council adopted the “PlanRC” General Plan. As it relates to the subject development application, the PlanRC General Plan eliminated the floating park designation and also reclassified the portion of the project area designated as Flood Control/Utility Corridor thus eliminating the need for the applicant to request these actions. Further, the PlanRC general Plan also renamed the previous “Heavy Industrial” land use designation to “Industrial Employment District.” Despite this, a General Plan Amendment is still required for the project as the parcels which are to be annexed into the City are proposed to be assigned a land use designation of Industrial Employment District in order to be consistent with similarly situated parcels within the vicinity. Staff notes that all relevant documents, exhibits and resolutions relative to the proposed General Plan Amendment have been updated to reflect these new land use designations. A supplemental analysis of the City Council’s adoption of the PlanRC General Plan Update has been included in this project’s Final EIR appendix and demonstrates that no changes to the EIR’s conclusions occurred as a result of the General Plan Update. Annexation (DRC2020-00185): The proposed annexation to be applied for by the applicant with LAFCO will amend the boundaries of the City of Rancho Cucamonga, as well as unincorporated San Bernardino County and the City of Fontana’s SOI by increasing the area of Rancho Cucamonga by approximately 4.8 acres as measured from the centerline of Napa Street while reducing the size of the City of Fontana’s Sphere of Influence (SOI) by an equal amount. Specifically, the applicant proposes to annex a 2.9-acre parcel identified as APN: 0229-291-46 into the City as part of the project to be used as parking, landscaped areas, and entrance to the proposed project. The annexation also includes a portion of another parcel, APN: 0229-291-23, which is not part of the project and which is not proposed to be developed. The portion of APN:0229-291-23 to be annexed comprises 0.69 acres of land located north of Napa Street and east of Etiwanda Avenue and is proposed to be annexed in order to create a logical jurisdictional boundary along the centerline of Napa Street from San Sevaine Channel to Etiwanda Avenue. The remaining 1.21 acres falls within Napa Street. The proposed annexation and change in jurisdictional boundaries, including Sphere of Influence boundaries, will require approval by San Page 63 Page 5 1 0 7 5 Bernardino LAFCO. Both the City and Fire Protection District must consent to this annexation and adopt plans for service for the annexed land. Prezoning (DRC2020-00186): Related to the proposed annexation, the project also requires Prezoning pursuant to Development Code Section 17.22.050. APN:0229-291-46 is currently assigned a zoning classification of Regional Industrial (I-R) by San Bernardino County, and General Industrial (M-2) by the City of Fontana. Further, the 0.69-acre portion of parcel APN:0229- 291-23 is currently assigned a zoning classification of Regional Industrial (I-R) by San Bernardino County, and Public Utility (P-UC) by the City of Fontana. Approving the Prezoning application will change the zoning designation of these areas to Industrial Employment (IE) Zoning District upon approval of the annexation. Tentative Parcel Map (SUBTPM20251): As mentioned, the project includes a request to approve a Tentative Parcel Map to consolidate the two existing parcels within the project area and subdivide them into two new parcels, Parcel I and Parcel II. Parcel I proposes an area of approximately 26.73 acres with street frontage along Napa Street and Parcel II proposes an area of approximately 8.67 acres with street frontage along Napa Street and the new Via Maris Place. Staff has reviewed the Tentative Parcel Map and has determined that it complies with the relevant development standards, subject to certain conditions of approval. Conditional Use Permit (DRC2021-00317): While the other entitlements are exempt from Ordinance 982, these applications did not address the potential uses/tenants for the project because the project is being built on a speculative basis. Therefore, no pending use permit application was deemed complete prior to the effective date of Ordinance 982, and future uses by tenants who occupy the building will be subject to new standards under Ordinance 982. Thus, the applicant is requesting the review and approval of a Conditional Use Permit subject to Development Code Section Table 17.30.030-1 to permit the following uses on the site: Storage Warehouse, Large – Light Manufacturing, and a Large Distribution and Fulfillment Center. Uniform Sign Program: The applicant has informed staff that the proposed project may accommodate up to four tenants. Development Code Section 17.16.060 provides that “…a uniform sign program shall be required for all new multi-tenant shipping center, office parks, and other multi-tenant, mixed-use or otherwise integrated developments of three of more separate tenants/uses that share buildings, public spaces, landscape and/or parking facilities.” Accordingly, and as the development could permit up to four tenants up to four tenants, the applicant has applied for a Uniform Sign Program. Development Agreement (DRC2021-00175): The developer has proposed to enter into a Development Agreement with the City. Pursuant to Development Code Section 17.22.060.A.1, development agreements: 1. Increase the certainty in the approval of development projects, thereby preventing the waste of resources, reducing the cost of development to the consumer, and encouraging investment in and commitment to comprehensive planning, all leading to the maximum efficient utilization of resources at the least economic cost to the public; 2. Provide assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval thereby strengthening the public planning process, encouraging private participation in comprehensive planning, and reducing the economic costs of development; Page 64 Page 6 1 0 7 5 3. Enable the City to plan for and finance public facilities, including but not limited to, streets, sewerage, transportation, drinking water, school and utility facilities, thereby removing a serious impediment to the development of new housing. The proposed Development Agreement (hereafter referred to as the “Agreement”), includes, but is not limited to, the following major terms which are summarized below: The term of the development agreement would initially be six years, with an option for the applicant to extend the term by nine years upon payment of $2 million. A requirement for future tenants to designate Rancho Cucamonga as the point of sale for the material handling equipment used in Project’s operations; A requirement that the developer shall pay a “Community Benefit Fee,” in the amount of $4,300,000 in order to address the Project’s expected impacts on affordable housing demand, future greenhouse gas emissions, fire protection services, environmental justice and related impacts typically associated with large warehouse development. The applicant may receive a refund of up to 30% of the Community Benefit Fee in the event the project generates $500,000 in sales tax for a period of 3 years provided that the Developer can demonstrate that the tenant responsible for any 3 consecutive year period has a lease covering the entire term of the Development Agreement; A requirement that the developer complete certain traffic improvements and pay a “Fair Share” contribution to the City’s Industrial Area Traffic Improvement Fund. The final amount of the Fair Share contribution is being assessed as of the writing of this report and will be determined prior to the City Council’s consideration of the project; A requirement that the Developer may pay a fee totaling $1,400,000 in lieu of undergrounding existing utilities on the site or along streets adjacent to the site; A requirement that the developer will pay for, and construct to City standards, a new public street along the west side of the project site, which will run north-south and eventually connect to a future expanded roadway network throughout the SEIQ; Design Review Committee: The Design Review Committee (Williams, Oaxaca and Smith), reviewed the project on February 2, 2021. No members of the public attended the meeting to speak on the item, and the Design Review Committee recommended that the item be forwarded to the Planning Commission as presented. Public Art: The project is subject to the public art requirement provided in Chapter 17.124 of the Development Code. As an industrial development, this project would typically include artwork that has a minimum value that meets or exceeds one dollar per square foot. While the valuation of public art would be approximately $655,878 (as it is based on building square footage of the project), staff notes that pursuant to the proposed development agreement, all but $100,000 of this amount is proposed to be transferred to the proposed community benefit fee. CEQA Determination: Pursuant to the California Environmental Act (CEQA), an Environmental Impact Report (EIR) (SCH No. 2020090076), has been prepared for this project. Under CEQA, the purpose of an EIR is to inform the public about any significant impacts to the physical environment resulting from a project, identify ways to avoid or lessen the impacts, identify alternatives, and promote public participation. The contents of the EIR become a planning tool for the Planning Commission and City Council to use in determining the appropriate and best land use for the project site. The intent of this EIR is to address and evaluate potentially significant impacts of the proposed project and identify feasible mitigation measures and alternatives that may be adopted to reduce or eliminate these impacts. A summary of all of the project-related impacts and the recommended Page 65 Page 7 1 0 7 5 mitigation measures is provided in the Final EIR. The following summarizes key points in the environmental review process: Notice of Preparation and Public Scoping Meeting: The Notice of Preparation (NOP) serves as public notification that an EIR is being prepared and requests comment and input from responsible agencies and other interested parties regarding environmental issues to be addressed in the document. In addition to the NOP, CEQA recommends conducting a scoping meeting for the purpose of identifying the range of potential significant impacts that should be analyzed within the scope of the Draft EIR. The public scoping meeting is to receive public testimony on those issues that the public would like to have addressed in the EIR as it relates to the project and environment. Accordingly, a notice advertising both the NOP and Public Scoping Meeting was prepared for the project and circulated on September 3, 2020 to the State Clearinghouse (SCH No. 2020090076), public agencies, Native American tribes, those interested parties who had previously requested notification and all property owners within 660 feet of the subject site. The notice advertising the NOP and the public scoping meeting was also published in the Inland Valley Daily Bulletin on September 7, 2020 and made publicly available on the City’s website. The Public Scoping Meeting was held virtually over Zoom on September 17, 2020. No members of the public or any interested party provided comments at the Public Scoping Meeting. The public comment period to respond to the NOP closed on October 3, 2020 and comment letters were received from the Native American Heritage Commission, California Department of Fish and Wildlife, California Department of Transportation, San Bernardino County Department of Public Works, Inland Empire Biking Alliance, South Coast Air Quality Management District (SCAQMD), Cucamonga Valley Water District (CVWD) and the Inland Empire Utilities Agency (IEUA). Written responses to all significant environmental issues raised were prepared and made available in the Draft Environmental Impact Report (DEIR). AB 52 and SB 18 Compliance: Notification in accordance with AB 52 was sent on December 23, 2020 to tribal communities from a list of six tribes that have requested notification by the city. Notification in accordance with SB 18 was sent out to thirteen tribal communities on August 24, 2020. In response to these notices, the San Manuel Band of Mission Indians (SMBMI) responded with comments though they did not request consultation. Rather the SMBMI provided language which they requested be made a part of the project mitigations. Accordingly, language from SMBMI has been incorporated into the Mitigation Monitoring and Reporting Program (MMRP). One other tribe (Gabrieleno Band of Mission Indians – Kizh Nation) held a phone consultation with City staff in January 2021 at which point this tribe requested a tribal monitor be on site during grading activities. Thus, the CEQA document prepared for the project reflects the requested language/mitigation measures. Draft EIR Preparation and Circulation: Following the NOP and Public Scoping Meeting, a DEIR was prepared and was distributed to Responsible and Trustee agencies, and individuals who had requested to review the DEIR. The DEIR was distributed for a 45-day public review period on June 29, 2021 with the comment period concluding on August 13, 2021. A Notice of Availability including electronic links to the DEIR and all technical appendices was posted at the County, published in the Inland Valley Daily Bulletin, mailed to all property owners within 660 feet, interested parties requesting such notification and posted on the city’s website on June 28, 2021. Further, and also on June 28, 2021, the DEIR and all technical appendices were provided to the Office of Planning and Research via the online “CEQAnet” portal for distribution to Responsible and Trustee agencies and hard copies of the DEIR and all technical appendices were provided for public review at the following locations: Page 66 Page 8 1 0 7 5 Archibald Library – 7368 Archibald Avenue, Rancho Cucamonga, CA 91730; Paul A Biane Library – 12505 Cultural Center Drive, Rancho Cucamonga, CA 91739; Planning Department Public Counter at City Hall – 10500 Civic Center Drive, Rancho Cucamonga, CA 91730. Comments were received from California Department of Fish and Wildlife (CDFW), South Coast Air Quality Management District (SCAQMD), Cucamonga Valley Water District (CVWD), Southern California Regional Rail Authority (Metrolink), Local Agency Formation Commission (LAFCO) and Mitchell Tsai, Attorney at Law (on behalf of Southwest Regional Council of Carpenters). Notably, prior to the Planning Commission meeting on December 8, 2021, representatives of Mitchell Tsai provided staff with a letter withdrawing their comments and concerns regarding the project. This letter has been included with this staff report as Attachment 12. Technical appendices and supporting documentation can be referenced on the City’s website under the tab; ”CEQA Documents Available for Review“ under the Current Projects & Planning Initiatives which can be accessed here: https://www.cityofrc.us/community-development/planning Mitigation Monitoring Reporting Program (MMRP): In compliance with CEQA, a monitoring program has been prepared. The MMRP is a reporting program that identifies each adopted mitigation measure or project design feature that reduces the significance level of a particular impact. The MMRP indicates responsibility and timing milestones for each mitigation measure. Findings of Fact in Support of Determinations Related to Significant Environmental Impacts: The EIR concludes that upon implementation of the project and all recommended mitigation measures, impacts associated with the project would remain less than significant. No significant and unavoidable impact was identified; thus, it is determined that no Statement of Overriding Consideration is required to be adopted FISCAL IMPACT: Fiscal Impact Analysis: The applicant has provided a Fiscal Impact Analysis prepared by DTA (2021), which was peer reviewed by Keyser Marston Associates, Inc. (KMA), a third-party consultant hired by the City. The Fiscal Impact Analysis conducted by DTA concluded the project would result in total recurring revenues of $123,300 with total recurring costs of $79,000 for a total annual recurring surplus to the City of $44,300. After analyzing the DTA study, KMA has determined that the actual anticipated annual recurring surplus to the City is more likely to be approximately $17,900. Considering this, the aforementioned Development Agreement requires that the developer contribute funds toward a Community Benefit Fee in order to offset the costs of the project to the community. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: The development of the project achieves the City Council’s Core Value of “Intentionally embracing and anticipating the future,” and “continuous improvement.” In addition to providing the City with new industrial warehouse facilities which will attract quality tenants, the project also results in the construction of a new public street which will improve future circulation in the SEIQ by providing an additional north-south connection on Napa Street which will connect with the future expanded road network throughout the SEIQ. ATTACHMENTS: Attachment 1 - Vicinity Map and Aerial Photograph Attachment 2 - Project Plans and Uniform Sign Program Attachment 3 - City Council Ordinance Annexation (DRC2020-00185) and Prezoning Page 67 Page 9 1 0 7 5 (DRC2020-00186) Attachment 4 - City Council Resolution General Plan Amendment (DRC2020-00184) Attachment 5 - City Council Resolution Tentative Parcel Map (SUBTPM20251) Attachment 6 - City Council Design Review (DRC2020-00177) Attachment 7 - City Council Resolution Conditional Use Permit (DRC2021-00317) Attachment 8 - City Council Resolution Uniform Sign Program (DRC2020-00178) Attachment 9 - City Council Ordinance Development Agreement (DRC2020-00175) with Draft Development Agreement Attachment 10 - City Council EIR Resolution, Findings and Mitigation Monitoring Program Attachment 11 – Fire Protection District Board of Directors Resolution FD2022-001 Attachment 12 - Withdrawal Letter/Letter of Support from Mitchell Tsai Attachment 13 - Design Review Committee Comments Attachment 14 - December 8 Planning Commission Staff Report Attachment 15 - Conditions of Approval Page 68 Hillwood Project (within Rancho Cucamonga) Southern CA Edison Property (within Rancho Cucamonga) (Not a part of the proposed Hillwood Project) Unincorporated property in Fontana's Sphere of Influence (Not a part of the proposed Hillwood Project) Hillwood Project (unincorporated property in Fontana’s Sphere of Influence) Hillwood Project Site and Neighborhood Map City of Rancho Cucamonga Boundary Hillwood Project (within Rancho Cucamonga) Attachment 1Page69 1 9 2 1 Plan Set and Uniform Sign Program Due to file size, this attachment can be accessed through the following link: https://www.dropbox.com/s/rmj18x2so0q8g8o/Exhibit%20B%20_%20Plan%20Set%20and%20Unifor m%20Sign%20Program.pdf?dl=0 Attachment 2Page70 ORDINANCE NO. 992 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONSENTING TO ANNEXATION DRC2020- 00185 AND APPROVING PREZONING DRC2020-00186 IN CONNECTION WITH THE PROPOSED DEVELOPMENT OF TWO NEW INDUSTRIAL BUILDINGS TOTALING APPROXIMATELY 655,878 SQUARE FEET ON AN APPROXIMATE 35-ACRE PROJECT SITE LOCATED ETIWANDA AVENUE NORTH OF NAPA STREET, AND MAKING FINDINGS IN SUPPORT THEREOF – APNs: 0229-291-23, 46 AND 54. A. Recitals. 1.WHEREAS, Kimley-Horn and Associates, on behalf of Hillwood Enterprises, L.P. (the “Applicant”), filed an application for the approval of Prezoning DRC2020-00186 (the “Prezoning”), as described in the title of this ResolutionThe Prezoning is part of a proposed development of two new industrial buildings totaling approximately 655,878 square feet on an approximately 35-acre project site located approximately 650 feet east of Etiwanda Avenue and north of Napa Street, APNs: 0229-291-23, 46 and 54 (the “Project Site”); and 2.WHEREAS, the portion of the Project Site located within the City and identified as APN 0229-291- 54 is currently zoned as Industrial Employment (IE); and 3.WHEREAS, Prezoning DRC2020-00186 is depicted in Exhibit “A,” attached hereto and incorporated herein by this reference, and would pre-zone a portion of the Project Site, specifically a 2.9-acre parcel identified as APN: 0229-291-46 and a 0.69-acre portion of a parcel identified as APN: 0229-291-23 currently located within unincorporated San Bernardino County and within the City of Fontana’s Sphere of Influence (the “Annexation Area”), and ultimately incorporate these parcels and portions thereof into the City’s official Zoning Map. To accomplish this objective, the Prezoning would result in the entire Project Site being zonedas Industrial Employment (IE), which would implement the General Plan’s regulating zones across the Project Area; and 4.WHEREAS, the Applicant is expected to submit a petition to annex the unincorporated portions of the Project Site into the City of Rancho Cucamonga. The Applicant has submitted a request to the City to concsent to this annexation, DRC2020-00185 (the “Annexation”). To that end, the City and the Rancho Cucamonga Fire Protection District must consent to the annexation and approve plans of service for their respective agencies; and 5.WHEREAS, on December 8th, 2021, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on Annexation DRC2020-00185 and Prezoning DRC2020-00186 and voted unanimously to recommend that the City Council consent to Annexation DRC2020-00185 and approve Prezoning DRC2020-00186; and 6.WHEREAS, on January 5th, 2022, the City Council of the City of Rancho Cucamonga conducted a noticed public hearing and introduced for First Reading of Ordinance 992 adopting Annexation DRC2020- 00185 and Prezoning DRC2020-00186 and concluded said hearing on that date; and 7.WHEREAS, All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: Based upon the substantial evidence presented to the City Council during the Page 71 above-referenced public hearing on January 5th, 2022, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. In addition to Annexation DRC2020-00185 and Prezoning DRC2020-00186, the project scope includes: General Plan Amendment (DRC2020-00184), to assign a land use designation of Industrial Employment District to the Annexation Area; Tentative Parcel Map (SUBTPM20251) to create two new parcels; and Design Review (DRC2020-00177), Conditional Use Permit (DRC2021-00317), and Uniform Sign Program (DRC2020-00178) to permit the use, construction and signage of the proposed project. The project also includes a Development Agreement (DRC2021-00180); and b. The Project Site includes APN 0229-291-46 which is currently located within unincorporated San Bernardino County and within the City of Fontana’s Sphere of Influence and currently has a zoning designation of Regional Industrial (I-R) under San Bernardino County and General Industrial (M-2) under the City of Fontana; and c. The application also requests the Annexation and Prezoning of an additional 0.69-acre portion of a parcel identified as APN: 0229-291-23. This parcel, also currently located within unincorporated San Bernardino County and the City of Fontana’s Sphere of Influence currently has a zoning designation of Regional Industrial (I-R) under San Bernardino County and a zoning designation of Public Utility (P-UC) under the City of Fontana; and d. Upon approval of the Prezoning and following approval of the Annexation by the Local Agency Formation Commission (LAFCO), both parcels APN: 0229-291-46 and APN: 0229-291-23 will be assigned a zoning designation of Industrial Employment (IE) by the City of Rancho Cucamonga, which is consistent with the existing zoning classification of the remainder of the Project Site which is currently located within the City; and e. The City Council and Fire Protection District Board must consent to the Annexation and adopt plans for service for the Annexation Area. f. As reflected in Exhibit “A,” upon approval of the Annexation by LAFCO, these parcels will be assigned a land use designation of Industrial Employment District pursuant to the City of Rancho Cucamonga General Plan with a zoning designation of Industrial employment (IE). SECTION 3: Based upon the substantial evidence presented to this Council during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a. The City Council has independently reviewed the General Plan Consistency Analysis included as Table 4.11-5 in the EIR. The City Council has also considered the changes to the General Plan adopted on December 15, 2021 as the 2020 PlanRC General Plan Update. Based on this comprehensive consistency analysis, the Planning Commission finds that, subject to the City Council’s approval of the related documents and approvals associated with the Project (Annexation DRC2020-00185, Prezoning DRC2020-00186, General Plan Amendment DRC2020-00184, Tentative Parcel Map SUBTPM20251, Design Review (DRC2020-00177), Conditional Use Permit (DRC2021-00317), Uniform Sign Program (DRC2020-00178) and Development Agreement DRC2021-00180, the Annexation and Prezoning would be consistent with the goals, policies and implementation programs of the General Plan and will not conflict with any specific plan applicable to the Project Area. Given that this Prezoning affects parcels located outside of the City and its Sphere of Infuence, the General Plan does not currently address the Annexation Area. The approval of General Plan Amendment DRC2020-00184 will designate the Annexation Area as Industrial Employment under the General Plan and will ensure consistency between the zoning and General Plan. b. Approval of the Annexation and Prezoning would not be materially injurious or detrimental to adjacent properties based on the finding sin the Project’s EIR. c. The findings set forth in this Ordinance reflect the independent judgment of the City Council. SECTION 4: The Annexation and Prezoning, in addition to the General Plan Amendment, Tentative Parcel Map, Design Review Conditional Use Permit, Uniform Sign Program and Development Agreement (collectively, the “Project”) were environmentally reviewed pursuant to the California Environmental Quality Page 72 Act (CEQA) and the State CEQA Guidelines. Pursuant to CEQA Guidelines Section 15060(d), the City determined that an EIR would clearly be required for the Project, and therefore prepared an environmental impact report (EIR) that focused on the potentially significant effects of the Project. By separate Resolution No. 2022-006, the City Council has: (i) made the required CEQA findings and determinations, (ii) certified the Final EIR; and (iii) adopted a Mitigation Monitoring and Reporting Program for the Project. Resolution No. 2022-006is incorporated herein by reference, and made a part hereof as if fully set forth herein. The documents and other materials that constitute the record on which this determination was made are located in the Planning Department and are in the custody of the Planning Director. Further, the mitigation measures set forth therein are made applicable to the Project. SECTION 5: The City Council hereby adopts Prezoning DRC2020-00186. The Official Zoning Map for the City of Rancho Cucamonga is hereby amended to assign a zoning designation of “Industrial Employment (IE) Pre-District” for the Annnexation Area parcels of land, as shown in Attachment A. Pursuant to Section 17.22.050 of the Rancho Cucamonga Municipal Code, the zoning of the Annexation Area shall become effective at the time the proposed annexation for such area becomes effective. Until such time, the Official Zoning Map shall show the prezoning classification with the label “PRE DISTRICT” SECTION 6: The City Council hereby consents to the San Bernardino County LAFCO’s approval of an annexation into the City of Rancho Cucamonga and related sphere of influence amendment for the Annexation Area parcels identified as APNs 0229-291-23 and 0229-291-46. The City Council further approves the plan for service for the Annexation Area attached hereto as Exhibit “B”. SECTION 7: If any section, subsection, sentence, clause, phrase, or word of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or preempted by legislative enactment, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or words thereof, regardless of the fact that anyone or more sections, subsections, clauses, phrases, or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. SECTION 7.The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. PASSED, APPROVED, AND ADOPTED this __th day of ________, 2022. BY: ____________________________________ L. Dennis Michael, Mayor I, JANICE REYNOLDS, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 5th day of January, 2022, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the ______ day of ______________, 2022, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: ATTEST:_________________Page 73 ______________ City Clerk of the City of Rancho Cucamonga Page 74 EXHIBIT A ZONING MAP AMENDMENT Page 75 EXHIBIT B PLAN FOR SERVICE 5000 Birch Street, Suite 3000 Newport Beach, CA 92660 CITY OF RANCHO CUCAMONGA PLAN FOR SERVICE ANNEXATION OF 4.8 ACRES IN CONNECTION WITH PROPOSED SPEEDWAY COMMERCE CENTER PROJECT Prepared for: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 www.FinanceDTA.com Page 76 TABLE OF CONTENTS SECTION PAGE I INTRODUCTION ........................................................1 II DESCRIPTION OF PROPOSED SPEEDWAY COMMERCE CENTER PROJECT AND THE 4.8 ACRE ANNEXATION AREA ..................................................3 A Description of the Project Site .........................................3 B Description of the Annexation Area ..............................4 III PLAN FOR SERVICE BEFORE AND AFTER ANNEXATION OF 4.8 ACRES ....................................6 IV General Government and Administrative Services .. 8 A Fire Protection and Emergency Response Services ..9 V Wildland Fire Prevention and Protection....................10 VI Law Enforcement ..........................................................10 VII Library .............................................................................10 VIII Parks and Recreation ....................................................11 IX Animal Control ...............................................................11 X Street Lighting ...................................................................11 XI Landscape Maintenance ...............................................12 XII Water ...................................................................................12 XIII Wastewater ....................................................................12 XIV Transportation................................................................13 XV Flood Control and Drainage .........................................13 XVI Utilities ...............................................................................14 XVII Schools ............................................................................14 XVIII Solid Waste Management .............................................14 XIX ONE-TIME DEVELOPMENT IMPACT FEES ..............15 Page 77 SECTION I INTRODUCTION www.FinanceDTA.com City of Rancho Cucamonga Speedway Commerce Center Plan for Service November 5, 2021 1 I INTRODUCTION The Speedway Commerce Center project (the “Project”) is currently under consideration for approval by the City of Rancho Cucamonga (the "City") City Council. The Project site includes an estimated 35.73 acres of vacant land in the eastern portion of the City located approximately 1.3 miles east of Interstate 15 and approximately 1.5 miles north of Interstate 10. An estimated 92% of the Project site is currently located within the City, with the remainder located in unincorporated San Bernardino County (the “County”) within the City of Fontana Sphere of Influence. The Project has submitted a pre-zone application and annexation proposal for the portion of the Project located in the unincorporated County and certain adjacent property to the west to create a logical boundary into the City from the centerline of Napa Street, east of Etiwanda Avenue and west of the San Sevaine Channel. While all of the Project’s building square footage is to be constructed within 32.83 acres of the Project site that is already located within the City, a remaining 2.9-acre portion of the site consisting solely of a portion of the Project’s parking lot is currently located in the unincorporated County and will need to be annexed into the City. The entire area to be annexed (the “Annexation Area”) will also include 1.9 additional acres that consist of an unmanned parcel owned by Southern Cal Edison (the “SCE Parcel”) on which transmission wires are located, and a portion of the right of way for Napa Street. The intent of this Plan for Service (“PFS”) is to provide the County of San Bernardino Local Agency Formation Commission (“LAFCO”) with sufficient information to assess which public agencies will be responsible for providing municipal services to the Annexation Area once it has been absorbed by the City. DTA is also preparing a separate PFS focusing specifically on the Cucamonga Valley Water District (“CVWD”), which will be annexing not just the Annexation Area, but also the remainder of the Project. As the remainder of the Project is already located in the City, it is not discussed in depth within this Annexation Area PFS, which is why the separate PFS is being prepared to cover the provision of wastewater services by CVWD. While a standard PFS typically also includes information on the fiscal impacts of an annexation action on the City General Fund and the General Funds of other municipal agencies that will be providing the annexed area, this Annexation Area is different because it is expected to include only very minimal development in terms of a 2.9-acre portion of a parking lot and a 1.9-acre SCE parcel containing only electrical transmission lines. Therefore, it is anticipated that no new revenues will be generated within the Annexation Area, and the services to be provided therein will be minimal. However, DTA has previously prepared a fiscal impact analysis (“FIA”) that has been reviewed and approved by the City that analyzes the impacts of the overall Project on the City General Fund. As this FIA (the “Project FIA”) includes the small portion of the Project that is located in the Annexation Area, it will also be submitted separately from this PFS to the City for review and certification in-lieu of a new FIA analyzing just the Annexation Area. Page 78 SECTION I INTRODUCTION www.FinanceDTA.com City of Rancho Cucamonga Speedway Commerce Center Plan for Service November 5, 2021 2 In addition, as the fiscal impacts of the Project on the Rancho Cucamonga Fire Protection District (“RCFPD”) and the CHWD were not included in the Project FIA, DTA will also be preparing separate FIAs specifically focusing on the entire Project’s impacts on both of these agencies. Notably, the CHWD fiscal analysis will be packaged together with the separate PFS for CHWD wastewater services previously discussed because the area to be annexed into CHWD will include the entire 35.73-acre Project site, not just the 4.8-acre Annexation Area. Page 79 SECTION IIDESCRIPTION OF PROPOSED SPEEDWAY COMMERCE CENTERPROJECT AND THE 4.8 ACRE ANNEXATION AREA www.FinanceDTA.com City of Rancho Cucamonga Speedway Commerce Center Plan for Service November 5, 2021 3 II DESCRIPTION OF PROPOSED SPEEDWAY COMMERCE CENTER PROJECT AND THE 4.8 ACRE ANNEXATION AREA A Description of the Project Site The Project site, as depicted in Figure 1 below, encompasses approximately 35.73 acres of vacant land in the eastern portion of the City and is located directly south of the Burlington Northern Santa Fe Railway, directly west of San Sevaine Channel, north of Napa Street in the City and County, and east of the East Etiwanda Creek channel. Figure 1: Aerial Map for Proposed Project Site The Project site is proposed to be developed into two industrial buildings totaling approximately 655,878 square feet of new warehouse space and related on-site and off-site improvements. A summary of the land uses and building square footage (“BSF”) associated with each land use in the Project is listed below in Table 1. The conceptual site plan for Buildings A and B within the Project is illustrated in Figure 2 below. Page 80 SECTION IIDESCRIPTION OF PROPOSED SPEEDWAY COMMERCE CENTERPROJECT AND THE 4.8 ACRE ANNEXATION AREA www.FinanceDTA.com City of Rancho Cucamonga Speedway Commerce Center Plan for Service November 5, 2021 4 Table 1: Proposed Land Uses for the Project Land Use BSF Building A - Warehouse 500,648 Building B - Warehouse 155,230 Figure 2: Proposed Speedway Commerce Center Project B Description of the Annexation Area The proposed Annexation Area consists of 4.8 acres that include 2.9 acres representing the southeast portion of the proposed Speedway Commerce Center project (the “Project”), as well as 1.9 acres made up of an undeveloped parcel containing transmission wires owned by Southern Cal Edison (“SCE”) and a portion of Napa Street right of way. A map delineating the Annexation Area is shown below in Figure 3. Page 81 SECTION IIDESCRIPTION OF PROPOSED SPEEDWAY COMMERCE CENTERPROJECT AND THE 4.8 ACRE ANNEXATION AREA www.FinanceDTA.com City of Rancho Cucamonga Speedway Commerce Center Plan for Service November 5, 2021 5 Figure 3: Proposed Annexation Area for Speedway Commerce Center Project As reflected in Figures 2 and 3 above, the 2.9-acre portion of the Annexation Area is anticipated to be used solely as a portion of the Project’s parking lot, with the SCE parcel continuing its current use as a transmission tower site. Page 82 SECTION IIIPLAN FOR SERVICE BEFORE AND AFTER ANNEXATION OF 4.8 ACRESwww.FinanceDTA.com City of Rancho Cucamonga Speedway Commerce Center Plan for Service November 5, 2021 6 III PLAN FOR SERVICE BEFORE AND AFTER ANNEXATION OF 4.8 ACRES As noted previously, the Annexation Area consists of a 4.8-acre portion of the Project and adjacent SCE Site that is currently being serviced by the County that will need to be annexed into the City. However, as neither the City nor the County provide certain required municipal services, the Annexation Area will also be subject to annexations to additional districts, as detailed below. However, as noted previously, the entire Project, as opposed to just the Annexation Area, will be annexed into CVWD to obtain sewer services. As the entire Project encompasses 35.7 acres, which is significantly larger than the 4.8-acre Annexation Area, DTA has prepared an entirely separate PFS covering wastewater services that will be submitted directly to CHWD for review and confirmation, and is not included in this PFS. The list of municipal services necessary to serve the Annexation Area are the following: General Government and Administrative Services; Fire Protection and Emergency Response Services; Sheriff/Police and Public Safety Services; Library; Parks and Recreation; Animal Control; Street Lighting; Landscape Maintenance; Water; Wastewater; Transportation; Flood Control and Drainage; Utilities; Schools; and Solid Water Management. Table 2, below, provides a summary of which public agencies are currently responsible for providing each type of municipal service now, prior to the annexation, as well as which public agency is anticipated to be providing that same service after the annexation. In addition, one- time development impact fees (“DIFs”) are collected by a number of public agencies to fund the capital costs of public facilities, as summarized in Section IV of this Study. Page 83 SECTION IIIPLAN FOR SERVICE BEFORE AND AFTER ANNEXATION OF 4.8 ACRESwww.FinanceDTA.com City of Rancho Cucamonga Speedway Commerce Center Plan for Service November 5, 2021 7 Table 2: Municipal Services Providers for Proposed Annexation Area 1 Municipal Services Current Municipal Provider Future Municipal Provider After Annexation General Government and Administrative Services2 County of San Bernardino City of Rancho Cucamonga Fire Protection and Emergency Response Services Fontana Fire Protection District (“FFPD”) contract with County of San Bernardino Fire Department; and American Medical Response. Rancho Cucamonga Fire Protection District (“RCFPD”); and American Medical Response Sheriff/Police and Public Safety County of San Bernardino Sheriff's Department City contract with County of San Bernardino Sheriff's Department Library San Bernardino County Public Library Rancho Cucamonga Public Library Parks and Recreation Regional Facilities Local Facilities County of San Bernardino None County of San Bernardino Rancho Cucamonga Community Services Department Animal Control San Bernardino County Animal Care and Control Rancho Cucamonga Animal Care and Services Department Street Lighting None Rancho Cucamonga Municipal Utility (“RCMU”); and Citywide street lighting district. Landscape Maintenance San Bernardino County Rancho Cucamonga Public Works Services Department Water Inland Empire Utilities Agency (“IEUA”) – wholesale; and Fontana Water Company (“FWC”). IEUA – wholesale; and FWC. Sewer IEUA – regional. IEUA – regional; and Cucamonga Valley Water District. Transportation Freeways and Interchanges Transit Cal Trans Omnitrans Cal Trans Omnitrans 1 Some of the municipal services listed may not apply to the Proposed Annexation Area because it is anticipated that only a parking lot and unmanned utility easement will be located within that area. However, should future development plans change, the municipal services providers responsible for managing the public facilities associated with that future development are listed in this table. 2 Including General municipal administration, planning and community development services, economic development, local road operation and maintenance (“O&M”), street lighting O&M, local parks O&M, and human resources, among other services. Page 84 SECTION IIIPLAN FOR SERVICE BEFORE AND AFTER ANNEXATION OF 4.8 ACRESwww.FinanceDTA.com City of Rancho Cucamonga Speedway Commerce Center Plan for Service November 5, 2021 8 Municipal Services Current Municipal Provider Future Municipal Provider After Annexation Flood Control and Drainage Regional Facilities Local Facilities San Bernardino County Flood Control District San Bernardino County - Public Works San Bernardino County Flood Control District Rancho Cucamonga Public Works Services Department Utilities Cable/Internet Provider/Phone Power Natural Gas Charter Communications, Spectrum, and Frontier Southern California Edison Southern California Gas Company Charter Communications, Frontier, and RCMU RCMU Southern California Gas Company Schools Etiwanda School District (K-8); and Chaffey Joint Union High School District (9-12) Etiwanda School District (K-8); and Chaffey Joint Union High School District (9-12) Solid Waste Management Burrtec Waste Management Industries through franchise agreement with San Bernardino County Solid Waste Management Division. Burrtec Waste Management Industries through franchise agreement with City of Rancho Cucamonga. A written narrative describing the pre-annexation and post-annexation provision of each service listed above follows: A General Government and Administrative Services A.1 Before Annexation The County currently provides general government and administrative services to the Annexation Area. These include certain services that the County only provides in the unincorporated County, such as planning and community development services, economic development, arterial, collector and other local road operation and maintenance (“O&M”), street lighting and local parks O&M and human resources, among other services. In addition, the County provides certain services on a Countywide basis to both cities and the unincorporated County, such as criminal justice services related to jails and courts, which include district attorney, public defender and probation services, as well as health and welfare services and other Countywide functions. A.2 After Annexation The City will assume responsibility for all of the administrative and general government services that had been previously provided by the County exclusively for unincorporated County areas. As discussed above, these would include planning Page 85 SECTION IIIPLAN FOR SERVICE BEFORE AND AFTER ANNEXATION OF 4.8 ACRESwww.FinanceDTA.com City of Rancho Cucamonga Speedway Commerce Center Plan for Service November 5, 2021 9 and community development services, economic development, local road and street light O&M, etc. within the Annexation Area. The City’s road maintenance responsibilities would include the operations and maintenance of the ½ width of Napa Street that is being annexed into the City. However, the other services currently provided by the County on a Countywide basis, as also discussed above, will continue to be the County’s responsibility within the Annexation Area. These would include criminal justice services, health and welfare services, etc. B Fire Protection and Emergency Response Services B.1 Before Annexation FFPD currently provides the fire protection and emergency response services to the Annexation Area. FFPD, through contract with the San Bernardino County Fire Department, serves approximately 52.4 square miles (“SM”), encompassing 42.4 SM within the limits of the City of Fontana and 10 SM within Fontana’s Sphere of Influence area (“SOI”). The Annexation Area is primarily served by Fire Station 73, located at 14360 Arrow Boulevard in Fontana. American Medical Response provides private ambulance services. B.2 After Annexation The RCFPD will provide the fire protection and emergency response services to the Annexation Area after its annexation. RCFPD encompasses approximately 50 SM of service area within the City limits and the City's SOI. The Annexation Area will be served by (i) the Jersey Fire Station, located at 11297 Jersey Boulevard, which is approximately 3 roadway miles west of the Annexation Area, and (ii) Day Creek Fire Station, located at 12270 Firehouse Court, which is approximately 3.3 roadway miles to the northwest of the Annexation Area. Based on its proximity to two existing fire stations, the Annexation Area will be adequately served by fire protection services, and no new or expanded unplanned facilities would be required. In addition, the entire Project site, including the portion within the Annexation Area, is required to be annexed into Community Facilities District (“CFD”) No. 85-1 as one of the City’s conditions of development approval. CFD No. 85-1 was initially approved by the qualified voters within the CFD in a special election to authorize the levy of a special tax to fund fire suppression services and facilities within the boundaries of Archibald Avenue, Etiwanda Avenue, Highland Avenue and Fourth Street. The American Medical Response, a private ambulance service, provides ambulance services to the Annexation Area. AMR is located at 7925 Center Avenue in Rancho Cucamonga. Page 86 SECTION IIIPLAN FOR SERVICE BEFORE AND AFTER ANNEXATION OF 4.8 ACRESwww.FinanceDTA.com City of Rancho Cucamonga Speedway Commerce Center Plan for Service November 5, 2021 10 C Wildland Fire Prevention and Protection C.1 Before Annexation FFPD, through a contract with the San Bernardino County Fire Department, currently provides the wildfire prevention and protection services to the Annexation Area. C.2 After Annexation RCFPD will provide the wildfire prevention and protection services to the Annexation Area after its annexation. D Law Enforcement D.1 Before Annexation The San Bernardino County Sheriff’s Department (“SBCSD”) provides public safety services to the unincorporated areas. D.2 After Annexation Since incorporation in 1977, law enforcement services in the City have been provided through a contract with SBCSD. The closest police station to the Annexation Area is the Victoria Gardens Substation, located at 7743 Kew Avenue, which is approximately 2.5 roadway miles northwest of the Annexation Area. In addition, the Police Department Headquarters (SBCSD Rancho Cucamonga Patrol Station) is located at 10510 Civic Center Drive, which is approximately 3.9 roadway miles northwest of the Annexation Area. Furthermore, a joint facility including a police substation and several other municipal offices, is proposed at the Empire Lakes development located approximately 3.8 roadway miles west of the Annexation Area. Based on its proximity to these existing and proposed police stations and their projected staffing levels, the Annexation Area will be adequately served by existing police protection services, and no new or expanded unplanned facilities would be required. E Library E.1 Before Annexation Currently, the Annexation Area is served by the San Bernardino County Library system. The nearest County library is the Fontana Lewis Library & Technology Center, located at 8437 Sierra Avenue in Fontana. E.2 After Annexation The Rancho Cucamonga Public Library will serve the Annexation Area after its annexation. The closest City library to the Annexation Area is the Paul A. Biane Library, located at 12505 Cultural Center Drive, which is approximately 2.4 roadway miles northwest of the Annexation Area. Page 87 SECTION IIIPLAN FOR SERVICE BEFORE AND AFTER ANNEXATION OF 4.8 ACRESwww.FinanceDTA.com City of Rancho Cucamonga Speedway Commerce Center Plan for Service November 5, 2021 11 F Parks and Recreation F.1 Before Annexation The County Regional Parks Department (“CRPD”) provides regional park services to all residents and employed persons within the County, including located in both incorporated and unincorporated areas. The closest regional park is Cucamonga Guasti Regional Park in Ontario, which includes recreational areas for water sports, hiking and picnicking. But CRPD’s mandate is only to provide regional park facilities, so it does not support the construction, operations or maintenance of local parks anywhere within its jurisdiction, including within the Annexation Area. F.2 After Annexation The City’s Community Services Department will operate and maintain the City’s local parks and recreation facilities after annexation. This City Department currently supports the operations and maintenance of over 30 local park sites within the City which are available for use by residents and employed persons located within the Annexation Area., The largest park and recreational facilities operated by this City Department includes the Community Center at Lions East and Lions West, Family Resource Center, Central Park Senior/Community Center, Rancho Cucamonga Sports Center, Epicenter/Sports Complex, and Victoria Gardens Cultural Center. G Animal Control G.1 Before Annexation The San Bernardino County Animal Care and Control Program currently operates two animal shelters within the County, located in Big Bear and Devore, both of which are relatively distant from the Annexation Area. G.2 After Annexation The Rancho Cucamonga Animal Care and Services Department will provide animal control services to the Annexation Area after its annexation. The Department’s animal shelter facilities are located at 11780 Arrow Route in the City. H Street Lighting H.1 Before Annexation The Annexation Area presently does not contain any streetlights. H.2 After Annexation Upon annexation, RCMU will be responsible for operating and maintaining streetlights in the Annexation Area. The Annexation Area is conditioned by the City to be annexed into SLD No. 1, which is the City’s street lighting finance district, Page 88 SECTION IIIPLAN FOR SERVICE BEFORE AND AFTER ANNEXATION OF 4.8 ACRESwww.FinanceDTA.com City of Rancho Cucamonga Speedway Commerce Center Plan for Service November 5, 2021 12 I Landscape Maintenance I.1 Before Annexation Currently, the County is responsible for the limited amount of landscape maintenance required within the Annexation Area. I.2 After Annexation Upon annexation, the City’s Public Works Department will be responsible for providing operations and maintenance services for the landscaping of any publicly owned parkways and medians within the Annexation Area, including operations and maintenance work on the ½ width of Napa Street that is being annexed into the City. J Water J.1 Before Annexation FWC is a local water company currently providing water treatment, storage, and distribution of domestic water to the Annexation Area. FWC owns and operates three water treatment facilities, treating a combination of well and surface water. In 2020, water utilized within the City originated from three main sources; (i) approximately 60% groundwater, (ii) 15% local surface water, and (iii) 25% water from the State Water Project. Groundwater is produced from Chino Basin, Rialto Basin and Lytle Basin, and an unnamed basin. Local surface water from Lytle Creek and imported surface water from the State Water Project originating in Northern California are treated at the Sandhill Water Treatment Plant, a 29 million-gallon-per-day (MGD) treatment plant that is comprised of a 12 MGD Conventional filtration treatment facility and a 17 MGD Diatomaceous Earth filtration treatment facility. IEUA is a state water contractor for the Metropolitan Water District of Southern California (“MWD”), and is a regional wholesaler that delivers water at an average of 1.5 billion gallons of water per day to a 5,200 square mile service area. J.2 After Annexation FWC will continue to be the retail water service provider for the Annexation Area after its annexation, and IEUA will continue to be its wholesale water supplier. K Wastewater K.1 Before Annexation IEUA is a regional wastewater treatment agency and wholesale distributor of imported water that operates wastewater treatment facilities. The entire Project site, including the portion within the Annexation Area, currently does not receive any local wastewater services. Page 89 SECTION IIIPLAN FOR SERVICE BEFORE AND AFTER ANNEXATION OF 4.8 ACRESwww.FinanceDTA.com City of Rancho Cucamonga Speedway Commerce Center Plan for Service November 5, 2021 13 K.2 After Annexation IEUA will continue to be the regional wastewater treatment agency for the Annexation Area, while the CVWD will be the local wastewater service provider for the Annexation Area. CVWD currently operates and maintains approximately 421 miles of wastewater collection system ranging from 8 to 36 inches in diameter. Wastewater generated by the Project site would be transported through this collection system and conveyed to IEUA’s RP-1 and RP-4 regional water recycling plants where it is processed into recycled water. IEUA owns and operates a system of regional trunk and interceptor sewers that transport wastewater to the regional wastewater treatment plants. In order to avoid overloading issues at any one facility, wastewater can be diverted from one regional plant to another. As the entire Project, not just the Annexation Area, will be annexed into CVWD, a PFS and FIA are required to analyze the annexation of the entire Project into CVWD. These two analyses are being prepared separately from this Annexation Area PFS, and will be submitted to CVWD upon their completion. L Transportation L.1 Before Annexation Caltrans currently operates and maintains freeways located in unincorporated County, while, as noted in Section A.1 of this study, arterials, collectors and other local roads are operated and maintained by the County Public Works Department. Omnitrans provide public transit in the unincorporated County. L.2 After Annexation Caltrans and Omnitrans will continue to provide freeway and public transit services to the Annexation Area once the annexation has been completed. As noted previously in Section A.2, the City will be responsible for the operations and maintenance of local roads within the Annexation Area. M Flood Control and Drainage M.1 Before Annexation The County Flood Control District provides operations and maintenance services for regional flood control facilities, while any local drainage facilities, such as neighborhood detention basins, channels and bioswales are managed by the County’s Public Works Department. M.2 After Annexation The County Flood Control District will continue to manage regional flood control facilities on behalf of the Annexation Area, whereas the City’s Department of Public Works will take over responsibilities for the local drainage facilities cited above. Page 90 SECTION IIIPLAN FOR SERVICE BEFORE AND AFTER ANNEXATION OF 4.8 ACRESwww.FinanceDTA.com City of Rancho Cucamonga Speedway Commerce Center Plan for Service November 5, 2021 14 N Utilities N.1 Before Annexation The current providers of cable television and internet service within the area are Charter Communications, Spectrum and Frontier Communications. Telephone services are also provided by Frontier Communications, whereas electricity is supplied by Southern California Edison and natural gas by Southern California Gas Company. N.2 After Annexation Most of the utility services in the Annexation Area will continue to be maintained by the same private parties, with the exception of cable service and electricity, which will be furnished by RCMU. O Schools O.1 Before Annexation The local primary elementary school is being operated by the Etiwanda School District (“ESD”). High School facilities are the responsibility of Chaffey Joint Union High School District (“CJUHSD”). O.2 After Annexation Both primary and secondary school services will continue to be the responsibility of ESD and CJUHSD, respectively. P Solid Waste Management P.1 Before Annexation Burrtec Waste Management Industries currently provides waste and recycling services to the Annexation Area through a franchise agreement with the County Solid Waste Management Division. P.2 After Annexation Burrtec Waste Management Industries will continue to provide waste and recycling services to the Annexation Area after its annexation, although its franchise agreement will be executed with the City rather than with the County, Page 91 SECTION IV City of Rancho Cucamonga Speedway Commerce Center Plan for Service November 5, 2021 15 ONE-TIME DEVELOPMENT IMPACT FEES IV ONE-TIME DEVELOPMENT IMPACT FEES Development impact fees (“DIFs”) are one-time fees utilized to fund a project’s fair share of a municipality’s infrastructure and capital needs, and are generally paid upon issuance of building permits and/or Certificates of Occupancy. As noted previously, the Annexation Area consists of 4.8 acres that will include the following anticipated land uses: 2.9 acres representing the southeast portion of the Project that is anticipated to be used solely as a portion of the Project’s parking lot; 1.9 acres of SCE-owned parcel containing transmission wires; and A portion of the Napa Street right of way. Based on these currently proposed land uses within the Annexation Area, no structures are to be built within the area, so no DIFs are anticipated to be collected within the Annexation Area itself. Only portions of the Project outside of the Annexation Area on which structures are to be built would require the payment of DIFs, and they would be paying DIFs equal to the Project’s fair share of the capital costs of public facilities necessitated by the structures built on the Project site. Notably, if the development plan for the Project changes such that the Annexation Area would include actual development other than the currently anticipated parking lot, DIFs could be collected. However, as DIF levels generally vary dependent upon the land use types being constructed, specific fee levels cannot be assigned to the Annexation Area at this time. www.FinanceDTA.com Page 92 RESOLUTION NO. 2022-001 A RESOLUTION OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. DRC2020-00184, A REQUEST TO AMEND THE GENERAL PLAN LAND USE MAP TO ASSIGN A LAND USE DESIGNATION TO TWO PARCELS PROPOSED TO BE ANNEXED INTO THE CITY WHICH ARE CURRENTLY LOCATED WITHIN UNINCORPORATED SAN BERNARDINO COUNTY AND THE CITY OF FONTANA’S SPHERE OF INFLUENCE FOR PARCELS LOCATED EAST OF ETIWANDA AVENUE NORTH OF NAPA STREET, AND MAKING FINDINGS IN SUPPORT THEREOF – APNS: 0229-291-23 AND 0229-291-46. A. Recitals. 1.WHEREAS, Kimley-Horn and Associates, on behalf of Hillwood Enterprises, L.P. (the “Applicant”), filed an application for General Plan Amendment No. DRC2020-00184 as described in the title of this Resolution (the “General Plan Amendment”). The General Plan Amendment requested by the Applicant would (1) replace the Flood Control/Utility Corridor land use designation on parcel APN 0229-291-54 with a land use designation of Heavy Industrial to be consistent with the remainder of that parcel; and 2) designate the portions of the project area to be annexed into the City (APNs 0229-291-23 AND 0229-291-46) with a Heavy Industrial land use designation. 2.WHEREAS, the Applicant has requested the General Plan Amendment to construct two new industrial warehouse buildings totaling approximately 655,878 square feet combined for warehouse and e-commerce uses (the “Project”). 3.WHEREAS, on December 8, 2021, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the General Plan Amendment and concluded said hearing on that date at which point the Planning Commission voted unanimously to recommend that the City Council approve General Plan Amendment DRC2020-00184. 4.WHEREAS, on December 15, 2021, prior to the City Council’s consideration of the General Plan Amendment, the City Council adopted the “PlanRC” General Plan Update, which is a comprehensive update to the City’s General Plan. The PlanRC General Plan Update accomplished certain actions requested by the subject General Plan Amendment DRC2020- 00184 as described above. Specifically, the PlanRC General Plan Update eliminated the Floating Park designation and Flood Control/Utility Corridor land use designation within the project area. The PlanRC General Plan also renamed the Heavy Industrial land use designation to Industrial Employment District; and 5.WHEREAS, the PlanRC General Plan Update redesignated the entirety of APN 0229- 291-54 as Industrial Employment District. Industrial Employment District largely reflects the previously named Heavy Industrial designation in the prior General Plan and permits the proposed uses outlined in the Project. 6.WHEREAS, the subject General Plan Amendment DRC2020-00184 is still necessary in order to assign a land use designation of Industrial Employment District to parcels and portions thereof to be annexed relative to the subject project (APNs 0229-291-23 AND 0229-291-46); and Page 93 CITY COUNCIL RESOLUTION NO. 2022-001 GPA DRC2020-00184 – HILLWOOD ENTERPRISES, L.P. January 5th, 2022 Page 2 7.WHEREAS, on January 5, 2022, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the General Plan Amendment and concluded said hearing on that date; and 8.WHEREAS, all legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Council during the above- referenced public hearing on January 5, 2022, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. Following the PlanRC General Plan Update the General Plan Amendment applies to two parcels, APNs 0229-291-46 and a 0.69-acre portion of 0229-291-23 which, together with the other portion of the site, APN 0229-291-54, cumulatively total approximately 35-acres of land, located east of Etiwanda Avenue north of Napa Street. APN: 0229-291-46, which is proposed to be annexed, is currently located within unincorporated San Bernardino County and the City of Fontana Sphere of Influence and is currently designated by San Bernardino County as General Industrial (GI) and the City of Fontana as General Industrial (I-G). APN: 0229-291-54, located within the City of Rancho Cucamonga, has a general plan land use designation of Industrial Employment District. A portion of a third parcel, APN: 0229-291-23, also located within Unincorporated San Bernardino County and the City of Fontana’s Sphere of Influence and which is also proposed to be annexed, is currently designated by San Bernardino County as General (GI) (I-R) and by the City of Fontana as Public Utility (P-UC); and b. The existing Land Use, General Plan and Zoning Designations for the project site and adjacent properties are as follows: Land Use General Plan Zoning* Site Vacant Industrial Employment District (for portion within City); General Industrial (GI)/ General Industrial (I- G) (for portion within County/Fontana SOI) Industrial Employment (IE) District (for portion within City); Regional Industrial (IR) (within County) and General Industrial (M-2) (for portion within Fontana SOI) North Industrial Industrial Employment District Neo-Industrial (NI) District Page 94 CITY COUNCIL RESOLUTION NO. 2022-001 GPA DRC2020-00184 – HILLWOOD ENTERPRISES, L.P. January 5th, 2022 Page 3 South Industrial (County/Fontana SOI) General Industrial (GI), Special Development (SD)/General Industrial (I-G) (within County/Fontana SOI) Regional Industrial (IR); Kaiser Commerce Center Specific Plan (KC/SP)/General Industrial (M-2) (within County/Fontana SOI) West Industrial and East Etiwanda Creek Industrial Employment District Industrial Employment (IE) District East San Sevaine Channel Open Space (OS) and General Industrial (GI) (within County/Fontana SOI) Regional Industrial (IR)/Open Space-Natural (OS-N) (within County/Fontana SOI) *Prior to the adoption of Ordinance 982, the Industrial Employment (IE) zoning district was referred to as the Heavy Industrial (HI) district and the Neo-Industrial (NI) district was referred to as the General Industrial (GI) district. c. This General Plan Amendment changes the General Plan land use designation for one project related parcel of land (APN: 0229-291-46) and a portion of a second parcel of land (APN: 0229-291-23) to Industrial Employment District; and d. This Project also necessitates amending the zoning map (DRC2020-00186) to assign Pre-Zoning designation of APN: 0229-291-46 and a portion of APN: 0229-291-23 to Industrial Employment (IE). e. In addition to the subject General Plan Amendment, the Project scope includes: Annexation (DRC2020-00185) to annex APN: 0229-291-46 and a portion of APN: 0229-291-23 into the City of Rancho Cucamonga; Pre-Zoning (DRC2020-00186) to assign a pre-zoning designation of industrial Employment (IE) to those parcels or portions thereof to be annexed; Tentative Parcel Map (SUBTPM20251) to create two new parcels; and Design Review (DRC2020-00177), Conditional Use Permit (DRC2021-00317) and Uniform Sign Program (DRC2020-00178) to permit the use, construction and signage of the proposed project. The Project scope also includes the proposal by the applicant of a Development Agreement (DRC2021-00175). 3. Based upon the substantial evidence presented to this Council during the above- referenced public hearing on January 5, 2022, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. As originally requested, the General Plan Amendment is in the public interest as it corrects a discrepancy whereas the current project site, which comprises two parcels which are currently designated between two land use designations (General Industrial and Heavy Industrial), would be redesignated under one land use designation of General Industrial. Further, it removes a floating park designation that the City determined was unlikely to be built and unnecessary in an industrial area of the City. These requests were addressed through the adoption of the PlanRC General Plan Update, where the City Council made similar findings in support thereof. Page 95 CITY COUNCIL RESOLUTION NO. 2022-001 GPA DRC2020-00184 – HILLWOOD ENTERPRISES, L.P. January 5th, 2022 Page 4 b. Approving the General Plan Amendment is in the public interest as it provides a single land use designation of Industrial Employment District across the site, including those parcels, or portions thereof to be annexed into the City. Implementing a land use designation of Industrial Employment District, consistent with other similarly situated properties within the vicinity, complies with General Plan Land Use and Community Character Policy LC-1.2 (Quality of Place) which requires that the City “Ensure that new infill development is compatible with the existing, historic, and envisioned future character and scale of each neighborhood.” The development of the Project, including the construction of a new public street as a condition of approval, will contribute positively to the community character of the surrounding area by permitting significant site plan and aesthetic improvements to an underutilized project site while also improving traffic circulation within the vicinity of the project area. 4. The General Plan Amendment, in addition to the Annexation, Pre-Zoning, Tentative Parcel Map, Design Review, Conditional Use Permit, Uniform Sign Program and Development Agreement (collectively, the “Project”), were environmentally reviewed pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines. Pursuant to CEQA Guidelines Section 15060(d), the City determined that an EIR would clearly be required for the Project, and therefore prepared an environmental impact report (EIR) that focused on the potentially significant effects of the Project. By separate Resolution No. 2022-006, the City Council has: (i) made the required CEQA findings and determinations, (ii) certified the Final EIR; and (iii) adopted a Mitigation Monitoring and Reporting Program for the Project. Resolution No. 2022-006 is incorporated herein by reference and made a part hereof as if fully set forth herein. The documents and other materials that constitute the record on which this determination was made are located in the Planning Department and are in the custody of the Planning Director. Further, the mitigation measures set forth therein are made applicable to the Project. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Council hereby approves General Plan Amendment DRC2020-00184 subject to each and every condition set forth in the Conditions of Approval, attached hereto and incorporated herein by this reference. The Official General Plan Land Use Map is hereby amended to change the land use designation of the subject project area to Industrial Employment District as shown in Attachment A. City staff is hereby directed to make any other necessary conforming changes to the General Plan in order to facilitate this General Plan Amendment. 6. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mail, return receipt requested, to the Applicant, at the address identified in City records. APPROVED AND ADOPTED THIS 5TH DAY OF JANUARY 2022. CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA BY: L. Dennis Michael, Mayor I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the Page 96 CITY COUNCIL RESOLUTION NO. 2022-001 GPA DRC2020-00184 – HILLWOOD ENTERPRISES, L.P. January 5th, 2022 Page 5 foregoing Resolution was adopted at a regular meeting of the City Council held on the 5th day of January 2022, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ATTEST: _______________________________ City Clerk of the City of Rancho Cucamonga Page 97 CITY COUNCIL RESOLUTION NO. 2022-001 GPA DRC2020-00184 – HILLWOOD ENTERPRISES, L.P. January 5th, 2022 Page 6 Attachment A Page 98 RESOLUTION NO. 2022-002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING TENTATIVE PARCEL MAP SUBTPM20251, A REQUEST TO SUBDIVIDE AN APPROXIMATE 35- ACRE PROJECT SITE INTO TWO (2) PARCELS OF LAND RELATED TO THE CONSTRUCTION OF TWO NEW INDUSTRIAL WAREHOUSE BUILDINGS LOCATED APPROXIAMTELY 650 FEET EAST OF ETIWANDA AVENUE NORTH OF NAPA STREET; AND MAKING FINDINGS IN SUPPORT THEREOF - APNS: 0229-291-46 AND 54. A. Recitals. 1.WHEREAS, Kimley-Horn and Associates, on behalf of Hillwood Enterprises, L.P., has filed an application for the approval of Tentative Parcel Map SUBTPM20251, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Parcel Map request is referred to as "the application;" and 2.WHEREAS, on December 8, 2021, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date at which point the Planning Commission voted unanimously to recommend that the City Council approve SUBTPM20251; and 3.WHEREAS, on January 5, 2022, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date; and 4.WHEREAS, all legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Council during the above- referenced public hearing on January 5, 2022, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The approximate 35-acre project site is located approximately 650 feet east of Etiwanda Avenue, north of Napa Street. The project site is largely vacant, with an existing rail spur running in a north-south orientation roughly bisecting the site which serves properties to the south and existing Southern California Edison (SCE) overhead powerlines traversing the site in an east-west orientation. The existing rail spur is proposed to remain, however the existing overhead SCE powerlines are proposed to be relocated, running east-west at the northern property line within the western portion of the project site, at which point the lines would turn south, and near the frontage of the property be made to run roughly parallel to Napa Street within the eastern portion of the project site. The proposed project includes the Page 99 CITY COUNCIL RESOLUTION NO. 2022-002 SUBTPM20251 – HILLWOOD ENTERPRISES, L.P. January 5, 2022 Page 2 construction of one new north-south street which will be located along the westerly property line of the project area and will be designed to eventually connect to a future east-west street located immediately south of the Metrolink railway and parallel to Napa Street; and b. The existing General Plan Land Use and Zoning Designations for the project site and adjacent properties are as follows: Land Use General Plan Zoning* Site Vacant Industrial Employment District (for portion within City); General Industrial (GI)/ General Industrial (I- G) (for portion within County/Fontana SOI) Industrial Employment (IE) District (for portion within City); Regional Industrial (IR) (within County) and General Industrial (M-2) (for portion within Fontana SOI) North Industrial Industrial Employment District Neo-Industrial (NI) District South Industrial (County/Fontan a SOI) General Industrial (GI), Special Development (SD)/General Industrial (I-G) (within County/Fontana SOI) Regional Industrial (IR); Kaiser Commerce Center Specific Plan (KC/SP)/General Industrial (M-2) (within County/Fontana SOI) West Industrial and East Etiwanda Creek Industrial Employment District Industrial Employment (IE) District East San Sevaine Channel Open Space (OS) and General Industrial (GI) (within County/Fontana SOI) Regional Industrial (IR)/Open Space-Natural (OS-N) (within County/Fontana SOI) *Prior to the adoption of Ordinance 982, the Industrial Employment (IE) zoning district was referred to as the Heavy Industrial (HI) district and the Neo-Industrial (NI) district was referred to as the General Industrial (GI) district. c. The project is for the development of two new industrial warehouse buildings on two new parcels of land: Building A will total approximately 500,648 square feet including approximately 10,000 square feet of office space, and Building B will total approximately 155,230 square feet and include an office area of approximately 10,000 square feet square feet; and d. Tentative Parcel Map SUBTPM20251 is for the subdivision of the approximate 35-acre project site into two parcels of land. Proposed Building A, totaling approximately 500,648 square feet will be located on Parcel I which will total an area of approximately 26.73 acres. Building B, totaling approximately 155,230 square feet will be located on Parcel II which will total an area of approximately 8.67 acres. The project will also result in the construction of a Page 100 CITY COUNCIL RESOLUTION NO. 2022-002 SUBTPM20251 – HILLWOOD ENTERPRISES, L.P. January 5, 2022 Page 3 new north-south public street to be located along the projects westerly boundary and which will connect Napa Street to future road way expansions within the Southeast Industrial Quadrant (SEIQ) of the City. Vehicular access to both parcels will be provided from Napa Street. The new north-south public street will provide additional access to Parcel II; and e. In addition to the subject Tentative Parcel Map, the project scope includes: Annexation (DRC2020-00185) to annex APN: 0229-291-46 and a portion of APN: 0229-291-23 into the City of Rancho Cucamonga; General Plan Amendment (DRC2020-00184) to assign a land use designation to parcels, and portions thereof to be annexed, and to redesignate portions of the project area from Flood Control/Utility Corridor to Heavy Industrial, and remove a Floating Park designation for APN: 0229-291-54; Pre-Zoning (DRC2020-00186) to assign a pre-zoning designation to those parcels and portions thereof to be annexed; and Design Review (DRC2020-00177), Conditional Use Permit (DRC2021-00317) and Uniform Sign Program (DRC2020-00178) to permit the use, construction and signage of the proposed project. The project scope also includes the proposal by the applicant of a Development Agreement (DRC2021-00180; and 3. Based upon the substantial evidence presented to this Council during the above- referenced meeting and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a. The tentative parcel map is consistent with the General Plan, Development Code, and any applicable specific plans. The General Plan permits a variety of land uses within industrial districts, such as warehouses, distribution centers and similar uses. The Development Code, as affected by Ordinance 982, permits Storage Warehouses upon the approval of a Conditional Use Permit. b. The design or improvements of the tentative parcel map will be consistent with the General Plan, Development Code, and any applicable specific plans. The proposed two parcel tentative parcel map and the proposed industrial warehouse development comply with all requirements of the General Plan and Development Code. Each parcel complies with the 0.5- acre minimum lot size and 100-foot minimum lot width outlined in Table 17.36.040-1 of the Development Code. Additionally, the proposed industrial warehouse development complies with all of the related development standards including building setbacks, lot coverage, height, parking and design; and c. The site is physically suitable for the type of development proposed. The project site is well suited for the proposed industrial warehouse development as it is located along multiple street frontages, thereby providing multiple points of ingress/egress and emergency services access; and d. The site is physically suitable for the proposed density of development. The proposed Project complies with applicable size and setback requirements under the Development code. e. The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat. An Environmental Impact Report was submitted as part of the review of the project which demonstrated that the project would not have a significant impact on the environment upon implementation of identified mitigation measures; and Page 101 CITY COUNCIL RESOLUTION NO. 2022-002 SUBTPM20251 – HILLWOOD ENTERPRISES, L.P. January 5, 2022 Page 4 f. The tentative parcel map is not likely to cause serious public health problems. The subdivision of the project site is not expected to cause serious public health issues, as the proposed tentative parcel map is for the subdivision of the project site into two separate parcels in order to create two separate parcels for two new proposed industrial warehouse buildings. The review of the project included the evaluation of environmental studies which concluded that the project would not have a significant impact on the environment; and g. The design of the tentative parcel map will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. The subject property does not contain any easements that would limit access to or use of the project site; and 4. The Tentative Parcel Map, in addition to the General Plan Amendment, Annexation, Pre-Zoning, Design Review, Conditional Use Permit, Uniform Sign Program and Development Agreement (collectively, the “Project”) were environmentally reviewed pursuant to the California Environmental Quality Act, the State CEQA Guidelines, and the City’s Local CEQA Guidelines. Pursuant to CEQA Guidelines Section 15060(d), the City determined that an EIR would clearly be required for the Project, and therefore prepared an environmental impact report (EIR) that focused on the potentially significant effects of the Project. By separate Resolution No. 2022- 006, the City Council has: (i) made the required CEQA findings and determinations, (ii) certified the Final EIR; and (iii) adopted a Mitigation Monitoring and Reporting Program for the Project. Resolution No. 2022-006 is incorporated herein by reference, and a made a part hereof as if fully set forth herein. The documents and other materials that constitute the record on which this determination was made are located in the Planning Department and are in the custody of the Planning Director. Further, the mitigation measures set forth therein are made applicable to the Project. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Council hereby approves the application for Tentative Parcel Map SUBTPM20251 subject to each and every condition set forth in the Conditions of Approval, attached hereto and incorporated herein by this reference. 6. The City Clerk of the City of Rancho Cucamonga is hereby directed t: (a) certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mail, return receipt requested, to the Applicant, at the address identified in City records. APPROVED AND ADOPTED THIS 5TH DAY OF JANUARY 2022. CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA BY: L. Dennis Michael, Mayor Page 102 CITY COUNCIL RESOLUTION NO. 2022-002 SUBTPM20251 – HILLWOOD ENTERPRISES, L.P. January 5, 2022 Page 5 I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 5th day of January 2022, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ATTEST: _______________________________ City Clerk of the City of Rancho Cucamonga Page 103 RESOLUTION NO. 2022-003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DESIGN REVIEW DRC2020-00177, A REQUEST FOR SITE PLAN AND ARCHITECTURAL REVIEW OF TWO NEW INDUSTRIAL BUILDINGS TOTALING 655,878 SQUARE FEET ON AN APPROXIMATE 35-ACRE PROJECT SITE LOCATED APPROXIMATELY 650 FEET EAST OF ETIWANDA AVENUE AND NORTH OF NAPA STREET; AND MAKING FINDINGS IN SUPPORT THEREOF – APN: 0229-291-46 AND 54. A. Recitals. 1.WHEREAS, Kimley-Horn and Associates, on behalf of Hillwood Enterprises, L.P., filed an application for the approval of Design Review DRC2020-00177, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Design Review request is referred to as "the application;” and 2.WHEREAS, on December 8, 2021, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date at which point the Planning Commission voted unanimously to recommend that the City Council approve Design Review DRC2020-00177; and 3.WHEREAS, on January 5, 2022, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date; and 4.WHEREAS, all legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Council during the above-referenced public hearings on January 5, 2022, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The approximate 35-acre project site is located approximately 650 feet east of Etiwanda Avenue north of Napa Street; and b. The project site is largely vacant, with an existing rail spur running in a north- south orientation roughly bisecting the site which serves properties to the south and existing Southern California Edison (SCE) overhead powerlines traversing the site in an east-west orientation. The existing rail spur is proposed to remain, however the existing overhead SCE powerlines are proposed to be relocated, running east-west at the northern property line within Page 104 CITY COUNCIL RESOLUTION NO. 21-XX DESIGN REVIEW DRC2020-00177–HILLWOOD ENTERPRISES, L.P. January 5, 2022 Page 2 the western portion of the project site, at which point the lines would turn south, and near the frontage of the property be made to run roughly parallel to Napa Street within the eastern portion of the project site. The proposed project includes the construction of one new north- south street which will be located along the westerly property line of the project area and will be designed to eventually connect to a future east-west street located immediately south of the Metrolink railway and parallel to Napa Street; and c. The existing Land Use, General Plan and Zoning designations for the project site and adjacent properties are as follows: Land Use General Plan Zoning* Site Vacant Industrial Employment District (for portion within City); General Industrial (GI)/ General Industrial (I- G) (for portion within County/Fontana SOI) Industrial Employment (IE) District (for portion within City); Regional Industrial (IR) (within County) and General Industrial (M-2) (for portion within Fontana SOI) North Industrial Industrial Employment District Neo-Industrial (NI) District South Industrial (County/Fontan a SOI) General Industrial (GI), Special Development (SD)/General Industrial (I-G) (within County/Fontana SOI) Regional Industrial (IR); Kaiser Commerce Center Specific Plan (KC/SP)/General Industrial (M-2) (within County/Fontana SOI) West Industrial and East Etiwanda Creek Industrial Employment District Industrial Employment (IE) District East San Sevaine Channel Open Space (OS) and General Industrial (GI) (within County/Fontana SOI) Regional Industrial (IR)/Open Space-Natural (OS-N) (within County/Fontana SOI) *Prior to the adoption of Ordinance 982, the Industrial Employment (IE) zoning district was referred to as the Heavy Industrial (HI) district and the Neo-Industrial (NI) district was referred to as the General Industrial (GI) district. d. The project is for the development of two new industrial warehouse buildings on two new parcels of land: Building A will total approximately 500,648 square feet including approximately 10,000 square feet of office space, and Building B will total approximately 155,230 square feet and include an office area of approximately 10,000 square feet square feet. The project requires 183 parking stalls and 79 trailer loading stalls for Building A and 97 parking stalls and 20 trailer loading stalls for Building B. Accordingly, the project provides 275 Page 105 CITY COUNCIL RESOLUTION NO. 21-XX DESIGN REVIEW DRC2020-00177–HILLWOOD ENTERPRISES, L.P. January 5, 2022 Page 3 parking stalls and 87 trailer loading stalls for Building A, and 108 parking stalls and 20 trailer loading stalls for Building B; and e. The project also includes an application to subdivide the project site into two new parcels: Parcel I which will total approximately 26.73 acres in size and be developed with Building A, and Parcel II, which will total approximately 8.67 acres in size and be developed with Building B; and f. The project complies with all requirements of the Development Code including setbacks, parking, design, and landscape coverage; and g. In addition to Design Review DRC2020-00177, the project scope includes: Annexation (DRC2020-00185) to annex APN: 0229-291-46 and a portion of APN: 0229-291-23 into the City of Rancho Cucamonga; General Plan Amendment (DRC2020-00184), to assign a land use designation to parcels, and portions thereof, to be annexed; Pre-Zoning (DRC2020- 00186) to assign a pre-zoning designation to those parcels and portions thereof to be annexed; Tentative Parcel Map (SUBTPM20251) to create two new parcels; and Conditional Use Permit (DRC2021-00317) and Uniform Sign Program (DRC2020-00178) to permit the use, construction and signage of the proposed project. The project scope also includes the proposal by the applicant of a Development Agreement (DRC2021-00180). 3. Based upon the substantial evidence presented to this Council during the above- referenced meeting and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a. The proposed project is consistent with the General Plan. The proposed industrial warehouse project will be consistent with the General Plan with the approval of General Plan Amendment DRC2020-00184. The project site comprises two parcels: APN: 0229-291-54 and 0229-291-46. APN: 0229-291-54 which is located within the City of Rancho Cucamonga, has a general plan land use designation of Industrial Employment District. APN: 0229-291-46 which is currently located within unincorporated San Bernardino County and within the City of Fontana’s Sphere of Influence and which is proposed to be annexed into the City of Rancho Cucamonga as part of this project, has a general plan land use designation of General Industrial (GI) within San Bernardino County and General industrial (I-G) within the City of Fontana Sphere of Influence. Further, the applicant also proposes to annex a portion of an additional parcel which is not proposed to be developed as part of this development application identified as APN: 0229-291-23 and which currently has a land use designation of General Industrial (GI) within San Bernardino County and Public Utility (P-UC) within the City of Fontana Sphere of Influence. The proposed General Plan Amendment will amend the land use designation of the project site to Industrial Employment District, a land use designation which permits the proposed industrial use. The General Plan Amendment will also amend the portion of APN: 0229-291-23 to be annexed to Industrial Employment District, consistent with similarly situated parcels located within the vicinity of the project; and b. The proposed use is in accord with the objective of the Development Code and the purposes of the district in which the site is located. Storage Warehouses are permitted within the Industrial Employment (IE) District subject to the approval of a Conditional Use Permit. The project will be in compliance with the Zoning Map with approval of the related Pre- Zoning DRC2020-00186, which will amend the zoning designation of the parcels to be annexed Page 106 CITY COUNCIL RESOLUTION NO. 21-XX DESIGN REVIEW DRC2020-00177–HILLWOOD ENTERPRISES, L.P. January 5, 2022 Page 4 to a pre-zoning designation of Industrial Employment, which will become effective upon the approval of the annexation; and c. The proposed use is in compliance with each of the applicable provisions of the Development Code. The project will be in compliance with the Development Code with approval of the related General Plan Amendment DRC2020-00184 and Pre-Zoning DRC2020-00186. Storage Warehouses are permitted within the Industrial Employment (IE) District upon the approval of a Conditional Use Permit. The project complies with all other development criteria outlined in the Development Code including setbacks, parking and design; and d. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. The related environmental review outlines potential environmental impacts related to the project and identifies project-specific mitigation measures that reduce these impacts to less-than-significant. The proposed use will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity; and 4. The Design Review, in addition to the General Plan Amendment, Annexation, Pre- Zoning, Tentative Parcel Map, Conditional Use Permit, Uniform Sign Program and Development Agreement (collectively, the “Project”) were environmentally reviewed pursuant to the California Environmental Quality Act (CEQA), the State CEQA Guidelines. Pursuant to CEQA Guidelines Section 15060(d), the City determined that an EIR would clearly be required for the Project, and therefore prepared an environmental impact report (EIR) that focused on the potentially significant effects of the Project. By separate Resolution No. 2022-006, the City Council has: (i) made the required CEQA findings and determinations, (ii) certified the Final EIR; and (iii) adopted a Mitigation Monitoring and Reporting Program for the Project. Resolution No. 2022-006 is incorporated herein by reference, and made a part hereof as if fully set forth herein. The documents and other materials that constitute the record on which this determination was made are located in the Planning Department and are in the custody of the Planning Director. Further, the mitigation measures set forth therein are made applicable to the Project. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Council hereby approves the application for Design Review DRC2020-00177 subject to each and every condition set forth in the Conditions of Approval, attached hereto and incorporated herein by this reference. 6. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mail, return receipt requested to the applicant at the address identified in City records. APPROVED AND ADOPTED THIS 5TH DAY OF JANUARY 2022. CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA BY: Page 107 CITY COUNCIL RESOLUTION NO. 21-XX DESIGN REVIEW DRC2020-00177–HILLWOOD ENTERPRISES, L.P. January 5, 2022 Page 5 L. Dennis Michael, Mayor I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 5th day of January 2022, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ATTEST: _______________________________ City Clerk of the City of Rancho Cucamonga Page 108 RESOLUTION NO. 2022-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT DRC2021-00317, A REQUEST TO ALLOW CERTAIN LOGISTICAL WAREHOUSE USES, RELATED TO THE CONSTRUCTION OF TWO NEW INDUSTRIAL WAREHOUSE BUILDINGS TOTALING APPROXIMATELY 655,878 SQUARE FEET ON CERTAIN PROPERTY LOCATED APPROXIMATELY 650 FEET EAST OF ETIWANDA AVENUE AND NORTH OF NAPA STREET; AND MAKING FINDINGS IN SUPPORT THEREOF – APNS: 0229-291-46 AND 54. A. Recitals. 1.WHEREAS, Kimley-Horn and Associates, on behalf of Hillwood Enterprises, L.P., filed an application for the approval of Conditional Use Permit DRC2021-00317 for the following uses at two logistics warehouses at the site described in the title of this resolution: Storage Warehouse, Large Light Manufacturing, and Large Fulfillment/Distribution Center. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application;" and 2.WHEREAS, on December 8, 2021, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date at which point the Planning Commission voted unanimously to recommend that the City Council approve Conditional Use Permit DRC2021-00317; and 3.WHEREAS, on January 5, 2022, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date; and 4.WHEREAS, All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Council during the above-referenced public hearing on January 5, 2022, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The approximate 35-acre project site is located approximately 650 feet east of Etiwanda Avenue, north of Napa Street. The project site is largely vacant, with an existing rail spur running in a north-south orientation roughly bisecting the site which serves properties to the south and existing Southern California Edison (SCE) overhead powerlines traversing the site in an east-west orientation. The existing rail spur is proposed to remain, however the existing overhead SCE powerlines are proposed to be relocated, running east-west at the northern property line within the western portion of the project site, at which point the lines would turn south, and near the frontage of the property be made to run roughly parallel to Napa Street within the eastern portion of the project site. The proposed project includes the construction of one new north-south street which will be located along the westerly property line of the project area and will be designed to eventually connect to a future east-west street located immediately south of the Metrolink railway and parallel to Napa Street; and Page 109 CITY COUNCIL RESOLUTION NO. 2022-004 CUP DRC2021-0031 – HILLWOOD ENTERPRISES, L.P. January 5, 2022 Page 2 b. The existing Land Use, General Plan and Zoning Designations for the project site and adjacent properties are as follows: Land Use General Plan Zoning* Site Vacant Industrial Employment District (for portion within City); General Industrial (GI)/ General Industrial (I- G) (for portion within County/Fontana SOI) Industrial Employment (IE) (for portion within City); Regional Industrial (IR) (within County) and General Industrial (M-2) (for portion within Fontana SOI) North Industrial Industrial Employment District Neo-Industrial (NI) South Industrial (County/Fontana SOI) General Industrial (GI), Special Development (SD)/General Industrial (I-G) (within County/Fontana SOI) Regional Industrial (IR); Kaiser Commerce Center Specific Plan (KC/SP)/General Industrial (M-2) (within County/Fontana SOI) West Industrial and East Etiwanda Creek Industrial Employment District Industrial Employment (IE) East San Sevaine Channel Open Space (OS) and General Industrial (GI) (within County/Fontana SOI) Regional Industrial (IR)/Open Space-Natural (OS-N) (within County/Fontana SOI) *Prior to the adoption of Ordinance 982, the Industrial Employment (IE) zoning district was referred to as the Heavy Industrial (HI) district and the Neo-Industrial (NI) district was referred to as the General Industrial (GI) district. c. In addition to the subject Conditional Use Permit, the project scope includes: Annexation (DRC2020-00185) to annex APN: 0229-291-46 and a portion of APN: 0229-291-23 into the City of Rancho Cucamonga; General Plan Amendment (DRC2020-00184) to assign a land use designation to parcels, and portions thereof, to be annexed; Pre-Zoning (DRC2020-00186) to assign a pre-zoning designation to those parcels and portions thereof to be annexed; Tentative Parcel Map (SUBTPM20251) to create two new parcels; and Design Review (DRC2020-00177), Conditional Use Permit (DRC2021- 00317) and Uniform Sign Program (DRC2020-00178) to permit the use, construction and signage of the proposed project. The project scope also includes the proposal by the applicant of a Development Agreement (DRC2021-00180); and d. The project is for the development of two new industrial warehouse buildings on two new parcels of land: Building A will total approximately 500,648 square feet including approximately 10,000 square feet of office space, and Building B will total approximately 155,230 square feet and include an office area of approximately 10,000 square feet square feet; and Page 110 CITY COUNCIL RESOLUTION NO. 2022-004 CUP DRC2021-0031 – HILLWOOD ENTERPRISES, L.P. January 5, 2022 Page 3 e. The project requires 183 parking stalls and 79 trailer loading stalls for Building A and 97 parking stalls and 20 trailer loading stalls for Building B. Accordingly, the project provides 275 parking stalls and 87 trailer loading stalls for Building A, and 108 parking stalls and 20 trailer loading stalls for Building B; and f. The project’s compliance with the related development standards is shown in the following tables: Parking Ratio Required Parking Provided Parking Complies? Warehouse/storage and office 1 per 1,000 sf for the first 20,000 sf; 1 per 2,000 sf for the next 20,000 sf, and 1 per 4,000 sf for remaining sf Office requires 1 per 250 sf Building A: 183 stalls; Building B: 97 stalls Building A: 275; Building B: 108 YES Development Standard Required Proposed Complies? Building Height Maximum 35 feet (at front setback) and 75 feet (1-foot increment from the front setback line) Building A: (var.) 46-58.5 feet (beyond setback); Building B: (var.) 38-50.5 feet (beyond front setback) YES Floor Area Ratio (FAR)40-50%Building A: 42.9%; Building B: 41.1%YES Front Building Setback Min. 25 feet Building A: 46 feet (Napa St.); Building B: 39.5 feet (Via Maris Place) YES Street Side Setback Min. 25 Feet (Napa Street for Building B)69 feet (approx.)YES Average Depth of Landscape 25 feet 27 feet (Via Maris Place); 25 feet (Napa St.)YES Parking Setback Min. 15 feet (var.) 15-31 feet (approx.)YES Interior Side Yard Setback Min. 5 feet Building A: 314.5 feet (west PL), 126 feet (east PL); Building B: 137.3 (northerly property line) YES Rear Yard Setback Min. 0 feet Building A: 144 feet (approx.); Building B: 75.3 YES Open Space/Landscape Standards 5%Building A: 8.3%; Building B: 10.7%YES Note: the proposed “Alternative Site Plan” proposing only Building A also meets all relevant development standards Page 111 CITY COUNCIL RESOLUTION NO. 2022-004 CUP DRC2021-0031 – HILLWOOD ENTERPRISES, L.P. January 5, 2022 Page 4 Trailer Loading Stalls 1 per loading dock Building A: 79; Building B: 20 Building A: 87; Building B: 20 YES 3. Based upon the substantial evidence presented to this Council during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a. The proposed uses are consistent with the General Plan. Allowing the proposed uses at the proposed location would be consistent with and help achieve the goals, objectives and policies of the general plan and the development code. Storage Warehouses are permitted within the Industrial Employment (IE) District subject to the approval of a Conditional Use Permit. Large Light Manufacturing, and Large Fulfillment/Distribution Center which are permitted subject to the approval of a Minor Use Permit. Allowing the proposed uses at the proposed location would achieve General Plan Goal LC-6 (Active Centers) which provides that he City shall achieve “a rich variety of commercial and mixed-use centers throughout the city, which bring a range of opportunities for shopping, dining, recreations, commerce, employment, arts and culture within easty reach of all neighborhoods.” b. The proposed uses are consistent with the purposes of the development code and the purposes of the applicable zoning district as well as any applicable specific plans or city regulations/standards. The proposed improvements of the site, including building design, height and bulk of buildings, setbacks fencing, landscaping, signage size and location are compatible with the surrounding neighborhood or area. The project meets all relevant development standards including height, setbacks, fencing and landscaping. The buildings design, including bulk and massing, comply with design criteria established by the Development Code. c. The site is physically suitable for the type, density and intensity of the uses being proposed, including access, utilities, and the absence of physical constraints that would make conduct of the use undesirable. Adequate public facilities and services are available to serve the proposed use or will be made available concurrent with the proposed development. The project has street frontage on Napa Street and a new north south street proposed along the westerly boundary of the project area. The site is served, or will be conditioned to be served by, services and utilities provided by Burrtec Waste Industries, Southern California Edison, Rancho Cucamonga Municipal Utility, and all other public and private services that accommodate the proposed project. d. The design, location, size and operating characteristics of the proposd uses would be compatible with the existing and other permitted uses in the vicinity including transportation and service facilities. The operating characteristics of the proposed uses, including traffic, noise, light, and other characteristics, will be in keeping with the character of the neighborhood and other adjacent uses in the vicinity. The project involves the construction of two new industrial warehouse uses of similar scale and characteristics to those within the surrounding vicinity. The proposed use is required to comply with all relevant industrial performance standards pursuant to the Development Code for noise, vibration, particulate matter and air contaminants, odor, and humidity, heat, and glare. Further, the Environmental Page 112 CITY COUNCIL RESOLUTION NO. 2022-004 CUP DRC2021-0031 – HILLWOOD ENTERPRISES, L.P. January 5, 2022 Page 5 Impact Report prepared for the project identified mitigation measures which when implemented will mitigate traffic characteristics to less than significant levels e. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. The factors to be considered in making this finding include: i) property damage or nuisance arising from noise, smoke, odor, dust, vibration or illumination caused by the use; ii) hazard to persons or property from possible explosion, contamination, fire or flood caused by the use; and iii) significantly increase the volume of traffic or negatively alter the pattern of traffic. The Environmental Impact Report prepared for the project outlines potential environmental impacts related to the project and identifies project-specific mitigation measures that reduce these impacts to less-than-significant. The proposed use will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity. f. The proposed uses will not pose an undue burden on city services, including police, fire, streets, and other public utilities, such that the city is unable to maintain its current level of service due to the use. The EIR demonstrates that the project will not cause an impact to public services. The developer and the City have negotiated a development agreement which will result in the developer paying the City a Community Benefit Fee to further offset any impacts to city services, including street facilities. g. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA). An Environmental Impact Report (SCH: 2020090076) has been prepared for this project. 4. The Conditional Use Permit, in addition to the General Plan Amendment, Annexation, Pre- Zoning, Tentative Parcel Map, Design Review, Uniform Sign Program and Development Agreement (collectively, the “Project”) were environmentally reviewed pursuant to the California Environmental Quality Act (CEQA), the State CEQA Guidelines. Pursuant to CEQA Guidelines Section 15060(d), the City determined that an EIR would clearly be required for the Project, and therefore prepared an environmental impact report (EIR) that focused on the potentially significant effects of the Project. . By separate Resolution No. 2022-006, the City Council has: (i) made the required CEQA findings and determinations, (ii) certified the Final EIR; and (iii) adopted a Mitigation Monitoring and Reporting Program for the Project. Resolution No. 2022-006 is incorporated herein by reference, and made a part hereof as if fully set forth herein. The documents and other materials that constitute the record on which this determination was made are located in the Planning Department and are in the custody of the Planning Director. Further, the mitigation measures set forth therein are made applicable to the Project.. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Council hereby approves the application for Conditional Use Permit DRC2021-00317 subject to each and every condition set forth in the Conditions of Approval, attached hereto and incorporated herein by this reference. Page 113 CITY COUNCIL RESOLUTION NO. 2022-004 CUP DRC2021-0031 – HILLWOOD ENTERPRISES, L.P. January 5, 2022 Page 6 6. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mail, return receipt requested to the applicant at the address identified in City records. APPROVED AND ADOPTED THIS 5TH DAY OF JANUARY 2022. CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA BY: L. Dennis Michael, Mayor I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 5th day of January 2022, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ATTEST:_______________________________ City Clerk of the City of Rancho Cucamonga Page 114 RESOLUTION NO. 2022-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING UNIFORM SIGN PROGRAM DRC2020-00178, A REQUEST TO ESTABLISH A UNIFORM SIGN PROGRAM RELATED TO A PROPOSED DEVELOPMENT ON AN APPROXIMATE 35-ACRE PROJECT SITE ON CERTAIN PROPERTY LOCATED APPROXIAMTELY 650 FEET EAST OF ETIWANDA AVENUE NORTH OF NAPA STREET; AND MAKING FINDINGS IN SUPPORT THEREOF – APN: 0229-291-46 AND 0229- 291-54. A. Recitals. 1.WHEREAS, Kimley-Horn and Associates, on behalf of Hillwood Enterprises, L.P., filed an application for the approval of Uniform Sign Program DRC2020-00178, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Uniform Sign Program request is referred to as "the application;" and 2.WHEREAS, on December 8, 2021, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date at which point the Planning Commission voted unanimously to recommend that the City Council approve Uniform Sign Program DRC2020-00178; and 3.WHEREAS, on January 5, 2022, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date; and 4.WHEREAS, all legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Council during the above- referenced public hearing on January 5, 2022, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The approximate 35-acre project site is located approximately 650 feet east of Etiwanda Avenue north of Napa Street; and b. The project site is largely vacant, with an existing rail spur running in a north- south orientation roughly bisecting the site which serves properties to the south and existing Southern California Edison (SCE) overhead powerlines traversing the site in an east-west orientation. The existing rail spur is proposed to remain, however the existing overhead SCE Page 115 CITY COUNCIL RESOLUTION NO. 21-XX USP DRC2020-00178 – HILLWOOD ENTERPRISES, L.P. January 5, 2022 Page 2 powerlines are proposed to be relocated, running east-west at the northern property line within the western portion of the project site, at which point the lines would turn south, and near the frontage of the property be made to run roughly parallel to Napa Street within the eastern portion of the project site. The proposed project includes the construction of one new north- south street which will be located along the westerly property line of the project area and will be designed to eventually connect to a future east-west street located immediately south of the Metrolink railway and parallel to Napa Street; c. The existing General Plan Land Use and Zoning Designations for the project site and adjacent properties are as follows: Land Use General Plan Zoning* Site Vacant Industrial Employment District (for portion within City); General Industrial (GI)/ General Industrial (I- G) (for portion within County/Fontana SOI) Industrial Employment (IE) District (for portion within City); Regional Industrial (IR) (within County) and General Industrial (M-2) (for portion within Fontana SOI) North Industrial Industrial Employment District Neo-Industrial (NI) District South Industrial (County/Fontan a SOI) General Industrial (GI), Special Development (SD)/General Industrial (I-G) (within County/Fontana SOI) Regional Industrial (IR); Kaiser Commerce Center Specific Plan (KC/SP)/General Industrial (M-2) (within County/Fontana SOI) West Industrial and East Etiwanda Creek Industrial Employment District Industrial Employment (IE) District East San Sevaine Channel Open Space (OS) and General Industrial (GI) (within County/Fontana SOI) Regional Industrial (IR)/Open Space-Natural (OS-N) (within County/Fontana SOI) *Prior to the adoption of Ordinance 982, the Industrial Employment (IE) zoning district was referred to as the Heavy Industrial (HI) district and the Neo-Industrial (NI) district was referred to as the General Industrial (GI) district. d. The project is for the development of two new industrial warehouse buildings on two new parcels of land: Building A will total approximately 500,648 square feet including approximately 10,000 square feet of office space, and Building B will total approximately 155,230 square feet and include an office area of approximately 10,000 square feet square feet. The project requires 183 parking stalls and 79 trailer loading stalls for Building A and 97 parking stalls and 20 trailer loading stalls for Building B. Accordingly, the project provides 275 Page 116 CITY COUNCIL RESOLUTION NO. 21-XX USP DRC2020-00178 – HILLWOOD ENTERPRISES, L.P. January 5, 2022 Page 3 parking stalls and 87 trailer loading stalls for Building A, and 108 parking stalls and 20 trailer loading stalls for Building B; and e. Uniform Sign Program DRC2020-00178 will establish a Uniform Sign Program for the development. The program contains the location and conceptual design of all signs for the project as well as project monumentation; and f. In addition to the subject Uniform Sign Program, the project scope includes: Annexation (DRC2020-00185) to annex APN: 0229-291-46 and a portion of APN: 0229-291-23 into the City of Rancho Cucamonga; General Plan Amendment (DRC2020-00184) to assign a land use designation to parcels, and portions thereof to be annexed; Pre-Zoning (DRC2020- 00186) to assign a pre-zoning designation to those parcels and portions thereof to be annexed; Tentative Parcel Map SUBTPM20251 to create two new parcels, and Design Review (DRC2020-00177), and Conditional Use Permit (DRC2021-00317) to permit the use, construction and signage of the proposed project. The project scope also includes the proposal by the applicant of a Development Agreement (DRC2021-00180; and 3. Based upon the substantial evidence presented to this Council during the above- referenced meeting and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a. The proposed uniform sign program is consistent with the development standards for signs as provided in chapter 17.74 (Sign Regulations for Private Property). The proposed signage complies with all related Development Code sign regulation; and b. The design, location, and scale of proposed signs for the integrated development are in keeping with the architectural character of the development. The signs are designed to complement the proposed development including size and scale; and 4. The Uniform Sign Program, in addition to the General Plan Amendment, Annexation, Pre-Zoning, Tentative Parcel Map, Design Review, Conditional Use Permit and Development Agreement (collectively, the “Project”) were environmentally reviewed pursuant to the California Environmental Quality Act (CEQA), the City’s Local CEQA Guidelines, and the State CEQA Guidelines. Pursuant to CEQA Guidelines Section 15060(d), the City determined that an EIR would clearly be required for the Project, and therefore prepared an environmental impact report (EIR) that focused on the potentially significant effects of the Project. By separate Resolution No. 2022-006, the City Council has: (i) made the required CEQA findings and determinations, (ii) certified the Final EIR; and (iii) adopted a Mitigation Monitoring and Reporting Program for the Project. Resolution No. 2022-006 is incorporated herein by reference, and made a part hereof as if fully set forth herein. The documents and other materials that constitute the record on which this determination was made are located in the Planning Department and are in the custody of the Planning Director. Further, the mitigation measures set forth therein are made applicable to the Project. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Council hereby approves the application for Uniform Sign Program DRC2020-00178 subject to each and every condition set forth in the Conditions of Approval, attached hereto and incorporated herein by this reference. 6. The City Clerk of the City of Rancho Cucamonga is hereby directed t: (a) certify to Page 117 CITY COUNCIL RESOLUTION NO. 21-XX USP DRC2020-00178 – HILLWOOD ENTERPRISES, L.P. January 5, 2022 Page 4 the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mail, return receipt requested to the applicant at the address identified in City records. APPROVED AND ADOPTED THIS 5TH DAY OF JANUARY 2021. CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA BY: L. Dennis Michael, Mayor I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 5th day of January 2022, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ATTEST: _______________________________ City Clerk of the City of Rancho Cucamonga Page 118 H748-028 -- 4210543.1 ORDINANCE NO. 993 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING DEVELOPMENT AGREEMENT DRC2021-00175 BETWEEN THE CITY OF RANCHO CUCAMONGA AND HILLWOOD ENTERPRISES, L.P., TO FACILITATE THE DEVELOPMENT OF TWO NEW INDUSTRIAL BUILDINGS TOTALING APPROXIMATELY 655,878 SQUARE FEET ON AN APPROXIMATE 35-ACRE PROJECT SITE LOCATED APPROXIMATELY 650 FEET EAST OF ETIWANDA AVENUE AND NORTH OF NAPA STREET; AND MAKING FINDINGS IN SUPPORT THEREOF – APN: 0229-291- 46 AND 54. A. Recitals. 1.WHEREAS, Kimley-Horn and Associates, on behalf of Hillwood Enterprises, L.P. (the “Applicant”), filed an application for and negotiated the terms of Development Agreement DRC2021-00175, as described in the title of this Ordinance and attached hereto as Exhibit 1. Hereinafter in this Ordinance, the subject development agreement is referred to as the “application" or the “Development Agreement;” and 2.WHEREAS, On December 8, 2021, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date at which point the Planning Commission voted unanimously to recommend that the City Council approve Development Agreement DRC2021-00175; and 3.WHEREAS, On January 5, 2022, the City Council conducted a duly noticed public hearing, concluded said hearing on that date, and thereafter introduced for first reading this Ordinance ; and 4.WHEREAS, All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2. Based upon the substantial evidence presented to the City Council during the above-referenced public hearing on January 5, 2022, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The application applies to the approximately 35-acre project site which comprises two parcels, APN: 0229-291-46 and 0229-291-54. The project site is located approximately 650 feet east of Etiwanda Avenue, north of Napa Street. The project site is Page 119 -2- H748-028 -- 4210543.1 largely vacant, with an existing rail spur running in a north-south orientation roughly bisecting the site which serves properties to the south and existing Southern California Edison (SCE) overhead powerlines traversing the site in an east-west orientation. The existing rail spur is proposed to remain; however, the existing overhead SCE powerlines are proposed to be relocated, running east-west at the northern property line within the western portion of the project site, at which point the lines would turn south, and near the frontage of the property be made to run roughly parallel to Napa Street within the eastern portion of the project site. The proposed project includes the construction of one new north-south street which will be located along the westerly property line of the project area and will be designed to eventually connect to a future east-west street located immediately south of the Metrolink railway and parallel to Napa Street; and b. Concurrent with this application, the Applicant represented that it will apply to the San Bernardino County Local Area Formation Commission for Annexation (DRC2020- 00185) to annex APN: 0229-291-46 and a portion of APN: 0229-291-23 into the City of Rancho Cucamonga, among other conforming changes of organization; General Plan Amendment (DRC2020-00184) to assign a land use designation to parcels, and portions thereof, to be annexed; Pre-Zoning (DRC2020-00186) to assign a pre-zoning designation to those parcels to be annexed; Tentative Parcel Map (SUBTPM20251) to create two new parcels; and Design Review (DRC2020-00177), Conditional Use Permit (DRC2021-00317) and Uniform Sign Program (DRC2020-00178) to permit the use, construction and signage of the proposed project; and c. Development of the project is governed by the City’s General Plan, Development Code, all entitlements associated with the project, and the subject Development Agreement between the City and Owner’s predecessor in interest; and d. The existing Land Use, General Plan and Zoning Designations for the project site and adjacent properties are as follows: Land Use General Plan Zoning* Site Vacant Industrial Employment District (for portion within City); General Industrial (GI)/ General Industrial (I- G) (for portion within County/Fontana SOI) Industrial Employment (IE) District (for portion within City); Regional Industrial (IR) (within County) and General Industrial (M-2) (for portion within Fontana SOI) North Industrial Industrial Employment District Neo-Industrial (NI) District South Industrial (County/Fontana SOI) General Industrial (GI), Special Development (SD)/General Industrial (I-G) (within County/Fontana SOI) Regional Industrial (IR); Kaiser Commerce Center Specific Plan (KC/SP)/General Industrial (M-2) (within County/Fontana SOI) Page 120 -3- H748-028 -- 4210543.1 West Industrial and East Etiwanda Creek Industrial Employment District Industrial Employment (IE) District East San Sevaine Channel Open Space (OS) and General Industrial (GI) (within County/Fontana SOI) Regional Industrial (IR)/Open Space-Natural (OS-N) (within County/Fontana SOI) *Prior to the adoption of Ordinance 982, the Industrial Employment (IE) zoning district was referred to as the Heavy Industrial (HI) district and the Neo-Industrial (NI) district was referred to as the General Industrial (GI) district. e. The Project is for the development of two new industrial warehouse buildings on two new parcels of land: Building A will total approximately 500,648 square feet including approximately 10,000 square feet of office space and Building B will total approximately 155,230 square feet and include an office area of approximately 10,000 square feet square feet. The Project requires 183 parking stalls and 79 trailer loading stalls for Building A and 97 parking stalls and 20 trailer loading stalls for Building B. Accordingly, the Project provides 275 parking stalls and 87 trailer loading stalls for Building A, and 108 parking stalls and 20 trailer loading stalls for Building B; and f. As part of the Project, and in accordance with the California Environmental Quality Act (“CEQA”), the City has prepared Environmental Impact Report SCH No. 2020090076 (EIR), which analyzed the potential environmental impacts of the Project and related approvals; and g. Pursuant to Section 17.22.060 of the Development Code, Development Agreements have been determined to be beneficial to the public in that: i. Development Agreements increase the certainty in the approval of development projects, thereby preventing the waste of resources, reducing the cost of development to the consumer, and encouraging investment in and commitment to comprehensive planning, all leading to the maximum efficient utilization of resources at the least economic cost to the public. ii. Development Agreements provide assurance to the applicant for a development project that upon approval of the Project, the applicant may proceed with the Project in accordance with existing policies, rules and regulations, and subject to conditions of approval, thereby strengthening the public planning process, encouraging private participation in comprehensive planning, and reducing the economic costs of development. iii. Development Agreements enable the City to plan for and finance public facilities, including, but not limited to, streets, sewerage, transportation, drinking water, school, and utility facilities, thereby removing a serious impediment to the development of new housing.” h. The proposed Development Agreement Amendment is being made and entered into for the Project to ensure that the above three goals are fulfilled; and Page 121 -4- H748-028 -- 4210543.1 i. The Project complies with all requirements of the Development Code including setbacks, parking, design, and landscape coverage; and SECTION 3. Based upon the substantial evidence presented to the City Council during the above-referenced public hearing and upon the specific findings of facts set forth in Sections 1 and 2 above, the City Council hereby finds and concludes as follows: a. The proposed Project is consistent with the General Plan. The proposed industrial warehouse project will be consistent with the General Plan with the approval of General Plan Amendment DRC2020-00184. The Project site comprises two parcels: APN: 0229-291-54 and 0229-291-46. APN: 0229-291-54 which is located within the City of Rancho Cucamonga and has a general plan land use designation of Industrial Employment District. APN: 0229-291-46 which is currently located within unincorporated San Bernardino County and within the City of Fontana’s Sphere of Influence and which is proposed to be annexed into the City of Rancho Cucamonga as part of this project, has a general plan land use designation by San Bernardino County of General Industrial (GI) and a land use designation by the City of Fontana as General Industrial (I-G). Concurrent with the proposed annexation, the proposed General Plan Amendment will amend the land use designation of the parcels to be annexed to Industrial Employment District, a land use designation which permits the proposed industrial use. b. The proposed use is in accord with the objective of the Development Code and the purposes of the district in which the site is located. Storage Warehouses are permitted within the Industrial Employment (IE) District subject to the approval of a Conditional Use Permit. Conditional Use Permit DRC2021-00317 was submitted for the operation of a Storage Warehouse. The Project will be in compliance with the Zoning Map with approval of the related Pre-Zoning DRC2020-00186, which will amend the zoning designation of the parcels to be annexed to a pre-zoning designation of Industrial Employment (IE) District. c. The proposed use is in compliance with each of the applicable provisions of the Development Code. The Project will be in compliance with the Development Code with approval of the related General Plan Amendment DRC2020-00184 and Pre-Zoning DRC2020- 00186. Storage Warehouses are permitted within the Industrial Employment (IE) District upon the approval of a Conditional Use Permit. The Project complies with all other development criteria outlined in the Development Code including setbacks, parking and design. d. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. The related environmental review outlines potential environmental impacts related to the Project and identifies project-specific mitigation measures that reduce these impacts to less-than-significant. The proposed use will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity. SECTION 4. The Development Agreement, in addition to the Annexation, Pre-Zoning, General Plan Amendment, Tentative Parcel Map, Design Review, Conditional Use Permit and Uniform Sign Program (collectively, the “Project”) were environmentally reviewed pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines. Pursuant to CEQA Guidelines Section 15060(d), the City determined that an EIR would clearly be required for the Project, and therefore prepared an environmental impact report (EIR) that focused on the potentially significant effects of the Project. By separate Resolution No. 2022-006, the City Council has: (i) made the required CEQA findings and determinations, (ii) certified the Final EIR; and (iii) adopted a Mitigation Monitoring and Reporting Program for the Project. Resolution No. 2022- Page 122 -5- H748-028 -- 4210543.1 006is incorporated herein by reference, and made a part hereof as if fully set forth herein. The documents and other materials that constitute the record on which this determination was made are located in the Planning Department and are in the custody of the Planning Director. Further, the mitigation measures set forth therein are made applicable to the Project. SECTION 5. On the basis of the foregoing and the totality of the administrative record before it, the City Council hereby approves Development Agreement DRC2021-00175 as shown in Exhibit 1. SECTION 6. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid, or ineffective. SECTION 7.The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. APPROVED AND ADOPTED THIS __ TH DAY OF ____________2022. CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA BY: L. Dennis Michael, Mayor I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was adopted at a regular meeting of the City Council held on the __ day of ________ 2022, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ATTEST:_______________________________ City Clerk of the City of Rancho Cucamonga Page 123 -6- H748-028 -- 4210543.1 EXHIBIT 1 Development Agreement RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Janice C. Reynolds City Clerk 10500 Civic Center Drive Rancho Cucamonga, California 91730 SPACE ABOVE THIS LINE FOR RECORDER’S USE DEVELOPMENT AGREEMENT NO. DRC2021-00175 REGARDING THE SPEEDWAY COMMERCE PROJECT, RANCHO CUCAMONGA, CALIFORNIA THIS DEVELOPMENT AGREEMENT (this “Agreement” or this “Development Agreement”) is made and entered into as of the “Effective Date” set forth herein, by and between SPEEDWAY COMMERCE CENTER DEVELOPMENT, LLC, a Delaware limited liability company (“Developer”), and the CITY OF RANCHO CUCAMONGA, a California municipal corporation (“City”). RECITALS Developer is owner of the “Site” as set forth herein and generally described as a 35.73-acre site comprising Assessor Parcel Numbers (APNs) 0229-291-54 and 0229-291-46, and has a legal interest in the real property subject to this Agreement. The latter parcel is located in unincorporated San Bernardino County, which Developer seeks to annex into the City of Rancho Cucamonga. On January 5, 2022, the City Council of the City of Rancho Cucamonga (“Council”) adopted the following resolutions: Resolution No. 2022-001, approving General Plan Amendment DRC2020-00184; Resolution No. 2022-002, approving Tentative Parcel Map SUBTPM20251; Resolution No. 2022-003, approving Design Review DRC2020-00177; Resolution No. 2022-004, approving Conditional Use Permit DRC2021-00317; Resolution No. 2022-005, approving Uniform Sign Program DRC2020-00178; Resolution No. 2022-006, certifying, after making appropriate findings, an Environmental Impact Report (“EIR”) identified as SCH No. 2020090076. Page 124 -7- H748-028 -- 4210543.1 On January 5, 2022, the Council introduced Ordinance No. 992 and following second reading adopted Ordinance No. 992, approving Pre-Zoning Amendment DRC2020-00186. The annexation of the Site includes a jurisdiction boundary change and sphere of influence amendments for two parcels, including APN 0229-291-46 that constitutes part of the Site, located within the County of San Bernardino and within the City of Fontana sphere of influence. In addition, the annexation application is expected to include APN 0229-291-23, a parcel of approximately 0.69-acres, which is not a part of the Site. Developer will be the applicant to LAFCO for the foregoing annexation. The City agrees to take any necessary actions required by State law or LAFCO rules and regulations for submittal of the annexation by Developer to LAFCO. Collectively, the resolutions identified in section 2 of the recitals and ordinance identified in section 3 of the recitals (collectively, “Project Entitlements”) amended the City’s land use regulations to permit the development and operation of the Site with two high-cube warehouse buildings for a distribution/fulfillment center with ancillary office space, including the 500,648 square foot (“sf”) Building A and 155,230 sf Building B, along with the construction of a new public roadway, internal drive aisles, parking, on-site landscaping, lighting, utility connections, and related infrastructure and improvements. California Government Code Section 65864, et seq. authorizes cities to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property. City and Developer mutually desire to enter into this Development Agreement to develop the Project in accordance with the terms set forth herein. On January 5, 2022, the City Council introduced Ordinance No. 993 (the “Approving Ordinance”), and following second reading adopted Ordinance No. 993, thereby approving this Development Agreement between the City and Developer. The Approving Ordinance is effective as of ________________. All requirements of the California Environment Quality Act have been met with respect to the Project, Project Entitlements, and this Agreement, and this Agreement is consistent with the City’s General Plan. AGREEMENT NOW, THEREFORE, the parties hereto agree as follows: Section 1.Definitions. In this Agreement, unless the context otherwise requires, the following terms shall have the following meaning: “Approving Ordinance” means Ordinance No. 993, which approved this Agreement. “Building A” means the 500,648 sf building identified as “Building A” in the Development Plan. “Building B” means the 155,230 sf building identified as “Building B” in the Development Plan. “City” means the City of Rancho Cucamonga. Page 125 -8- H748-028 -- 4210543.1 “Community Benefit Fee” means any fee required under section 11(B) of this Agreement. “Developer” means Speedway Commerce Center Development, LLC, a Delaware limited liability company “Development Plan” means those plans, specifications, and images attached hereto, collectively marked as Exhibit “C” and incorporated herein by this reference. “Effective Date” shall mean the date that the Approving Ordinance becomes effective. “ITE Manual” means the Institute of Traffic Engineers’ Trip Generation Manual, 10th Edition. “LAFCO” means the San Bernardino County Local Area Formation Commission. “Material Handling Equipment” shall mean all equipment intended for use in connection with the Project’s operation for the purpose of loading or unloading goods and materials, including all forklifts. “MMRP” shall refer to the Mitigation Monitoring and Reporting Program included in the Project’s Final EIR and on file in City’s Planning Department. “Non-Sort Use” means a fulfillment center that ships large box items that are processed primarily with automation rather than through manual means, as defined in the ITE Manual. The authority to determine in a particular case whether a use is a “Sort Use” or a “Non-Sort Use” shall be vested in the Planning Director and City Engineer of the City and shall be exercised reasonably using the ITE Manual and based on the applicable facts and circumstances. “Project” means the proposed development of the Site, consistent with the terms and conditions of the Project Entitlements. “Project Entitlements” mean the Resolutions and Ordinance described in recitals sections 2 through 3. “Site” means the real property that is the subject of the Project Entitlements and as legally described, depicted and identified in Exhibit “A-1” and Exhibit “A-2”. “Sort Use” means a fulfillment center that ships out smaller items, requiring extensive sorting, typically by manual means, as defined in the ITE Manual. The authority to determine in a particular case whether a use is a “Sort Use” or a “Non-Sort Use” shall be vested in the Planning Director and City Engineer of the City and shall be exercised reasonably using the ITE Manual and based on the applicable facts and circumstances. “Term” means the initial six (6) year term of this Agreement, beginning from the Effective Date, and any extension pursuant to section 6. “TIA” means the Project’s Traffic Impact Analysis and CEQA Transportation Impact Analysis Warehouse Scenario, E-Commerce Scenario and 100% E-Commerce Scenario TIA and VMT, dated February 18, 2021, prepared by Translutions, Inc., included as an appendix to the Page 126 -9- H748-028 -- 4210543.1 Environmental Impact Report prepared for the Project and on file in the City’s Engineering Services Department, which is incorporated herein by this reference. Recitals. The recitals are part of this Agreement and shall be enforceable as any other provision of this Agreement. Interest of Developer. Developer warrants and represents that, as of the Effective Date, it will have legal title to or an equitable interest in the Site; that it has full legal right to enter into this Agreement; and that the persons executing this Agreement on behalf of Developer have been duly authorized to do so. Binding Effect of Agreement. Developer hereby subjects the Project and the Site to the covenants, reservations, and restrictions as set forth in this Agreement. The City and the Developer hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Developer’s successors and assigns in title or interest to the Project and/or Site. Each and every contract, deed or other instrument hereinafter executed, covering or conveying the Project and/or Site or any portion thereof shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations and restrictions expressed in this Agreement, regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instrument. The City and Developer hereby further declare their understanding and intent that the benefit of such covenants, reservations, and restrictions touch and concern the land by enhancing and increasing the enjoyment and use of the Site by Developer and the future occupants of the Project, the intended beneficiaries of such covenants, reservations and restrictions, and by furthering the public purposes for which this Agreement is adopted. Relationship of Parties. It is understood that the contractual relationship between City and Developer is such that City and Developer are each an independent party and neither is the agent or partner of the other for any purpose whatsoever and neither shall be considered to be the agent or partner of the other for any purpose whatsoever. Term of Agreement. The Term of this Agreement shall commence on the Effective Date and shall continue for six (6) consecutive calendar years thereafter, unless the Term is otherwise terminated, modified, or extended in accordance with the provisions of this Agreement. So long as there are no material changes to the Project, the Developer is not then in breach beyond the notice and cure periods set forth in this Agreement, and the Developer has made all payments to the City as required pursuant to this Agreement, Developer has an option to extend the Term one time for an additional nine (9) years for a total Term of fifteen (15) years. To exercise this option, Developer must, no less than ninety (90) days’ prior to the expiration of the Term, both: (i) provide City with written notice of the intent to exercise the option and (ii) pay to City two million dollars ($2,000,000.00). Upon receipt of such notice and payment, City shall provide written confirmation that the Developer’s option to extend the Term has been exercised and accepted. The Term shall not be extended until City provides written notice of confirmation to Developer, which Page 127 -10- H748-028 -- 4210543.1 notice shall not be unreasonably withheld and shall be provided prior to the expiration of the Agreement provided that Developer has provided required notice and full payment. Timing of Development. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), that failure of the parties to provide for the timing of development resulting in a later adopted initiative restricting the timing of development to prevail over such parties’ agreement, it is the parties’ intent to cure that deficiency by acknowledging and providing that Developer shall have the right (without obligation), subject to the provisions of this Development Agreement, to complete the Project in such order and at such rate and at such times as Developer deems appropriate within the exercise of its subjective business judgment. Assignment. In the event of a proposed transfer of interest in the Site or any portion thereof or in this Agreement by Developer to a transferee, Developer agrees to comply with the following conditions: (i) At least thirty (30) days prior to any such assignment, Developer shall provide the City with written notice thereof along with written evidence and documentation, of a form and substance reasonably satisfactory to the City, demonstrating the experience, capability, competence, and financial ability of the proposed assignee to carry out and complete the Development Plan and comply with the terms of this Agreement. (ii) At least thirty (30) days prior to any such assignment, Developer shall also provide evidence that the transferee will assume in writing through an assignment and assumption agreement all remaining obligations of Developer under this Agreement. The assignment and assumption agreement shall be in a form reasonably satisfactory to the City Attorney. (iii) The City Manager shall have consented to the assignment of this Agreement, which consent will not be unreasonably withheld, provided that the City Manager shall consent to any assignment of this Agreement to a transferee if Developer provides satisfactory evidence pursuant to paragraph (i) that the proposed transferee owns property and assets valued at forty million dollars ($40,000,000) or more at that time of the proposed transfer. Any assignment of this Agreement not made in strict compliance with the foregoing conditions shall constitute an event of default by the Developer pursuant to section 18. Notwithstanding the foregoing, the terms, covenants and conditions of this Agreement shall be binding upon any transferee whether or not such an assignment and assumption agreement is signed by the assignee upon acquiring the Property. General Standards and Restrictions Pertaining to Development of the Site. The following specific restrictions shall apply to the use of the Site pursuant to this Development Agreement: Page 128 -11- H748-028 -- 4210543.1 Developer shall have the right to develop and operate the Project on the Site in accordance with the terms and conditions of this Agreement and the Project Entitlements and City shall have the right to control development of the Site in accordance with the provisions of this Agreement and the Project Entitlements. The type, density, intensity, configuration of uses, size, and location of buildings and other improvements and provisions for the reservation or dedication of land for public purposes, location of public improvements, together with other terms and conditions of development applicable to the Site, shall be as set forth in this Development Agreement, including the Development Plan, and the Project Entitlements, except as modifications may be made pursuant to section 16. All public improvements, including landscaping, irrigation, sidewalk, traffic improvements and public streets, as set forth in the Development Plan, Project Entitlements, and this Development Agreement, shall be installed by the Developer in the time and manner described in the Development Plan, Project Entitlements, and this Development Agreement. Developer and the City acknowledge that a portion of the Site is not currently located within City’s municipal’s limits (“Unincorporated Land”) and that, as to the Unincorporated Land, the Project Entitlements are contingent upon approval of the annexation by LAFCO and completion of annexation of the Unincorporated Land to the City. In the event Developer seeks to record Parcel Map 20251 prior to completion of the annexation, Developer shall produce evidence reasonably satisfactory to the City that the County of San Bernardino (“County”) has approved Tentative Parcel Map 20251 in compliance with all applicable State and County laws and regulations, in addition to applicable City laws and regulations, prior to the City signing the final parcel map and allowing it to be recorded in the Official Records of County. In addition, provided that the Developer produces reasonable evidence that County has approved the precise grading plan or plans for one or both of the buildings on the Site and that Developer has otherwise satisfied technical grading plan check requirements, City shall issue grading permits for one or both of the buildings (including areas within the Unincorporated Land) before completion of annexation. In addition, City is informed that no vertical structures are located within the Unincorporated Land and based on that information agrees to issue building permits for one or both of the buildings before completion of annexation, subject only to Developer complying with City’s standards for issuance of such building permits and any applicable County laws and regulations to City’s reasonable satisfaction. Effect of City Regulations on Development of Project. Developer is entitled to protections afforded by the development agreement statute, Government Code Section 65864 et seq., including a vested right to develop the Project site in accordance with the rules, regulations and official policies in effect as of the Effective Date. No future modification of City’s code or ordinances, or adoption of any code, ordinance, regulation, whether adopted by the City Council or through the initiative or referendum process, which conflicts with this Agreement shall apply to the Property or modify this Agreement without amendment hereto to so provide by the parties. However, notwithstanding the foregoing, the City acknowledges that, pursuant to Rancho Cucamonga Municipal Code Section 17.02.020, Ordinance No. 982 does not apply to the Project’s Entitlements, which are governed by the regulations in effect when the applications were deemed Page 129 -12- H748-028 -- 4210543.1 complete (January 7, 2021), except as expressly addressed herein. This provision does not apply to Conditional Use Permit DRC2021-00317, which covers the uses contemplated by this Agreement, but which was not deemed complete prior to the effective date of Ordinance No. 982. This paragraph 10.A is intended to confirm the application of Rancho Cucamonga Municipal Code Section 17.02.020 to the Project, which shall continue to apply upon the termination or expiration of this Agreement. Except as otherwise provided in Section 11.B.vi, the provisions of this section 10 shall not preclude the application to the development of the Site those changes in City ordinances, regulations, plans, or specifications which are specifically mandated and required by changes in state or federal laws or regulations as provided in California Government Code Section 65869.5 or any successor provision or provisions. In the event such changes in the law prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended or performance thereof delayed, as may be necessary to comply with such changes in the law. The category of Development Impact Fees (“DIF”) applicable to the Project shall be those in effect as of the Agreement’s Effective Date (i.e. new DIF categories which may be adopted by the City after the Agreement’s Effective Date shall not apply to the Project), however the existing DIF and other development fees associated with the construction and development of the Project, including but not limited to land use approvals, development fees, building permits, etc., shall be pursuant to the rates as annually adjusted and in effect at the time application is made for such approvals or permits. Nothing herein shall prevent the application of health, safety, and accessibility regulations (e.g., fire, building, seismic, plumbing, and electric codes and requirements under the Americans with Disabilities Act or similar accessibility statute) that become applicable to the City as a whole. The parties acknowledge and agree that the City is restricted in its authority to limit its police power by contract and that the limitations, reservations and exceptions set forth in this section 10 are intended to reserve to the City all of its police power which cannot be so limited. Developer’s Obligations. In consideration of the rights and benefits Developer is guaranteed under this Agreement, Developer agrees to provide each and every one of the community benefits and other measures set forth in this section 11. Material Handling Equipment. Developer shall cause the City of Rancho Cucamonga to be designated as the point of sale for the Material Handling Equipment used in the Project’s operations. In addition, Developer shall include a requirement in all tenant leases that tenants shall cause the City of Rancho Cucamonga to be designated as the point of sale for the Material Handling Equipment used in the Project’s operations. City shall be a third party beneficiary to all such terms included in tenant leases. Provided that Developer complies with the requirements herein, Developer shall not be in default of this Agreement if a tenant fails to cause the City of Rancho Cucamonga to be designated as a point of sale for the Material Handling Equipment used in that tenant’s operations. Page 130 -13- H748-028 -- 4210543.1 Community Benefit Fee. Developer shall pay to City the Community Benefit Fees in the amount and schedule as set forth below. The Community Benefit Fees are intended to address affordable housing demand, fire protection services, environmental justice, and related increases to City services associated with warehouse development. Community Benefit Fee amount and schedule: Payment Amount Due Payment 1 $2,150,000.00 Upon issuance of a grading permit, provided that no grading permit shall be issued until the fee is paid. Payment 2 $2,150,000.00 Upon issuance of a certificate of occupancy for either Building A or Building B, provided that no certificate of occupancy shall be issued until the fee is paid. If a Community Benefit Fee payment is scheduled to be due, pursuant to the schedule above, after the Term of this Agreement, then such community benefit fee payment shall automatically become due and owing on the final day of the Term. Developer may pay any of the Community Benefit Fee payments in advance of the scheduled due date, which early payment shall reduce the Consumer Price Index (CPI)-based inflationary increase applied to such payments pursuant to paragraph (v) below. Up to thirty percent (30%) of the Community Benefit Fees received by City, as identified in paragraph (i) above, shall be refunded to Developer if, within the Term of this Agreement, a Project tenant generates five hundred thousand dollars ($500,000.00) in sales tax to the City annually for any three (3) consecutive years, provided that Developer can demonstrate that the tenant responsible for generating five hundred thousand dollars ($500,000.00) in sales tax received by the City for any three (3) consecutive year period has a lease covering the entire Term of this Agreement. Alternatively, up to fifteen (15%) of the Community Benefit Fees received by City, as identified in paragraph (i) above, shall be refunded to Developer if, within the Term of this Agreement, a Project tenant is a manufacturing business operating within City as of the Effective Date that has relocated to the Site. The refund shall be paid to Developer thirty (30) days following the expiration of the Term. By way of example only, if the tenant of Building A generates five hundred thousand dollars ($500,000.00) during each of years three, four, and five of the Term, then City shall refund to Developer an amount equal to one million two hundred ninety thousand ($1,290,000.00). The City shall have no further reimbursement obligation after this Agreement has expired. Any Community Benefit Fee payment made after the first anniversary of the Effective Date of this Agreement is considered a deferred Community Benefit Fee payment and is subject to a CPI-based inflationary increase, if any, based on the CPI – All Urban Consumers for Riverside-San Bernardino-Ontario California as published by the U.S. Department of Labor, Bureau of Labor Statistics (or any successor thereto). Under no circumstance will the amount of each deferred Community Benefit Fee payment be lower than the amount identified in the table above. Page 131 -14- H748-028 -- 4210543.1 The Community Benefit Fee being paid by Developer pursuant to section 11 satisfies all but one hundred thousand dollars ($100,000) of the public arts fees required by Ordinance 912. Developer shall have the right to satisfy the remaining one hundred thousand dollars (100,000) either through the procurement of art or the payment of an in-lieu fee in that amount. Payment of the Community Benefit Fees above shall fully satisfy any future commercial linkage fee adopted by the City, even if said fees are higher than the amounts specified above. Late Charges, Interest. If Developer fails to pay a Community Benefit Fee payment by the due date, City shall give written notice to Developer (or its successor) of such delinquency in accordance with section 24. If Developer fails to pay the Community Benefit Fee within thirty (30) days after such notice is served on Developer (the “Period to Cure”) then Developer shall pay a late charge in the amount equal to one quarter of one percent (0.25%) of the Community Benefit Fee due but not paid. The Parties acknowledge and agree that the amount of the costs and expenses that City will incur in the event the Community Benefit Fee is not paid when due is extremely difficult to calculate, and that the late charge set forth in the immediately preceding sentence is a reasonable, good faith estimate of such costs and expenses, but payment of such late charge shall not limit the City’s remedies following any default by Developer under this Agreement. If any Community Benefit Fee, is not paid within the Period to Cure, then such Community Benefit Fee (including any late charge) shall also bear interest, from the due date until paid, at the rate that is the lesser of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable law. Traffic Improvements. The traffic improvements identified in paragraphs (i) and (ii) below shall be completed to the satisfaction of the City Engineer, no later the date of issuance of the certificate of occupancy of the Project’s first building. In the event that Developer is unable to complete the construction of any improvement by the date of issuance of a certificate of occupancy for the Project’s first building, despite Developer’s commercially reasonable efforts, due to processing, required coordination with other projects, or other issues outside of Developer’s control, then Developer shall issue a bond, satisfactory in form and value to the City Engineer, for the remaining work and shall be obligated to complete the required improvement within one year of issuance of the certificate of occupancy for the Project’s first building. For those improvements identified below requiring coordination and approval by Caltrans, if any, City shall cooperate with Developer on Developer’s efforts to obtain Caltrans approval; however, if Developer is unable to achieve 90% plan check review, as determined by the City Engineer, despite commercially reasonable efforts, due to processing delays by Caltrans, then issuance of grading and building permits for the Project shall not be delayed provided that all other requirements for issuance of grading and building permits have been met. Notwithstanding the foregoing, the City will only issue a temporary certificate of occupancy for the Project until the improvements that require Caltrans approval are completed. Unless the improvements are completed within one year, the temporary certificate of occupancy shall expire, unless an extension is mutually agreed to by both Parties. Non-Sort Use Improvements. Developer shall construct the following traffic improvements and dedicate the necessary right-of-way consistent with the demands outlined in the Project’s TIA for a Non-Sort Use and determined necessary by the City Engineer: Page 132 -15- H748-028 -- 4210543.1 Etiwanda Avenue & 6th Street: Install a traffic signal. [DIF] I-15 SB Ramps & Ontario Mills Dr./4th St: Modify the traffic signal to implement a 130-second cycle length and overlap phasing for the WB right turn lane, restripe the SB approach to provide one left turn lane, one through lane, and dual right turn lanes, and modify the traffic signal to implement overlap phasing for NB and SB right turn lanes. [P] Sort Use Improvements. Developer shall construct the following traffic improvements and dedicate the necessary right-of-way consistent with the demands outlined in the Project’s TIA for a Sort Use and determined necessary by the City Engineer: a. Milliken Ave. & 4th St: Modify the traffic signal to implement overlap phasing on the WB right turn lane & modify the traffic signal to implement overlap phasing for the EB right turn lane; [P] c. Etiwanda Ave. & Arrow Rte: Stripe 2nd SB left turn lane; [P] e. Etiwanda Ave. & Napa St.: Add a northbound right-turn lane with overlap phasing, add overlap phasing to the westbound right-turn lane and add a second westbound left-turn lane; f. Haven Ave. & 4th St: Modify the traffic signal to implement an optimized cycle length; and g. Etiwanda Ave. & I-10 EB Ramps: Restripe the eastbound shared left and right-turn lane to a dedicated right-turn lane. Reimbursement. An improvement identified as [P] in paragraphs (i) and (ii) above is eligible for a 50% reimbursement of the actual costs if first constructed by Developer and the same improvement is also required to be constructed by the Bridge Point development. Developer may receive reimbursement of fifty percent (50%) of the actual cost of these improvements if the improvements are first constructed by Developer and the same improvements are also required to be constructed by the Bridge Point Rancho Cucamonga project located at 12434 4th Street. Alternatively, if the improvement is first constructed by the Bridge Point Rancho Cucamonga project, then Developer shall pay a reimbursement to the City, which will be passed through to the Bridge Point Rancho Cucamonga project’s developer, equal to fifty percent (50%) of the actual cost of the improvements and is not required to construct the improvements. Improvements identified as [DIF] are currently listed in the City’s Transportation Development Impact Fee Program and are eligible for credit and/or reimbursement up to the amounts identified in the program as of the date of payment of the Transportation Development Impact Fees. If these improvements are constructed by others prior to the development of this project, no credits or reimbursements shall be owed to Developer. Satisfaction of Conditions of Approval. Developer’s provision of traffic improvements pursuant to this section 11(C) will satisfy any Condition of Approval pertaining to the impacts mitigated by the required traffic improvements and will serve as a substitute for the traffic improvements described above. Page 133 -16- H748-028 -- 4210543.1 Fair Share Payment in lieu of Remaining Traffic Improvements. In lieu of constructing the opening year and horizon year (2040) traffic improvements outlined in the TIA but not described above, Developer shall have the right to pay a fair share fee into the City’s Industrial Area Traffic Improvement Fund, equivalent to the amounts set forth in Exhibit “B” (the “Fair Share Fee”). The Fair Share Fee shall be due prior to issuance of the first certificate of occupancy for the Project. Developer’s payment of the Fair Share Fee for remaining traffic improvement pursuant to this section 11(D) will satisfy any Condition of Approval pertaining to required contributions to the City’s Industrial Area Traffic Improvement Fund for impacts mitigated by the improvements listed in the TIA but not required to be constructed in section 11(C)(i) or (ii) and such improvement shall not be required to be constructed. New Public Street. Developer shall construct, consistent with the City’s standards and to the satisfaction of the City Engineer, a new public street on the west side of the Project site from Napa Street to the Project’s northerly property line with APN 0229-291-55, to be classified as an Industrial Collector (66-foot full-width right-of-way), as shown in Exhibit D of this Agreement, including a depiction of the proposed cross-section for the new public street with one travel lane, landscaped parkway, and a sidewalk in each direction. Developer shall be responsible for all costs associated with the design and construction of the new public street. City shall accept dedication of the public street and the related improvements in the same manner as it accepts other similar public improvements constructed as part of private development projects in the City upon completion of the public street and related improvements. Developer shall provide a standard one- year warranty for the improvements, excluding normal roadway wear and tear. No certificate of occupancy for any project component will be issued for the Project until the improvements are completed and accepted by the City which the City shall not unreasonably delay. Developer’s provision of a new public street pursuant to this section 11(E) will satisfy any Condition of Approval pertaining to required provision of a new public street on the west side of the Project site from Napa Street to the Project’s northerly property line with APN 0229-291-55. Financing Districts. The City may initiate (i) proceedings to form one or more special assessment districts (each, an “Assessment District”) to levy special benefit assessments (the “Special Benefit Assessments”) or (ii) proceedings to form one or more Mello-Roos Community Facilities Act of 1982 (Government Code Sections 53311 et seq.) Community Facilities Districts (each, a “CFD,” and collectively, with the Assessment Districts, the “Districts,” or individually, a “District”) to levy special taxes (the “CFD Taxes”), to finance the maintenance and operation of public streets, parkways, medians, public right-of-ways, public safety, and any other improvements or services benefiting properties within all industrial zones throughout the City (the “Maintenance Services”). Developer shall not oppose the formation of any District or the annexation of lands to any District, and shall vote in favor of any such Special Benefit Assessments or CFD Taxes for a District; provided, however, that in no event shall the annual total, combined amount of the Special Benefit Assessments and CFD Taxes for the Districts exceed seven thousand five hundred dollars and zero cents ($7,500.00) per acre for the Site (the “Max Levy”). The Max Levy shall increase annually by an amount determined necessary to fund the Maintenance Services, but such annual increase shall be no less than two percent (2%) and no more than six percent (6%). Developer shall satisfy its obligations under this paragraph 11(F) prior to the issuance of the first certificate of occupancy for the Project. The provisions of this paragraph 11(F) shall not apply to or affect the validity of any existing Assessment District or CFD applicable to the Site as of the Effective Date. Page 134 -17- H748-028 -- 4210543.1 Solar Panels and Purchase Agreement. Developer shall install a solar collector system that covers a percentage of the Project’s total roof area, with such percentage based on the formula outlined in Rancho Cucamonga Municipal Code Section 17.76.020(B), as amended by Ordinance No. 982, which requires in part that the renewable energy system shall be built to generate an amount of electricity sufficient to meet the following criteria: (a) annualized building demand based on the approved use; and (b) annualized demand required to charge fully electric vehicles and trucks, assuming that all vehicles and trucks to the site are fully electric; and (c) a reasonable rate of efficiency loss over 10 years. Such percentage shall be established pursuant to a study to be prepared by Developer and approved by the City, with City review time fully reimbursed by the Developer and paid prior to any issuance of the first building permit. The final percentage of required roof area coverage shall be confirmed by the City Engineer. The Rancho Cucamonga Municipal Utility (“RCMU”) and Developer agree to negotiate and execute a power purchase agreement (“Power Purchase Agreement”) within six (6) months of the Effective Date, provided that no Certificate of Occupancy shall be issued for the Project until the power purchase agreement is executed. A sample power purchase agreement is attached as Exhibit “E” to this Agreement. The solar collector system shall be metered separately from the metered power usage demand of the Project’s two buildings. The Power Purchase Agreement will commit the City to purchase all electricity produced by the Project at market rate for at least 25 years, which market rate shall be specified in the executed Power Purchase Agreement. RCMU Connection. The Project shall utilize RCMU for electricity and high-speed broadband. Developer shall extend all required infrastructure for electricity and high-speed broadband (“Required Infrastructure”) onto the Project site at the locations identified in Exhibit “F.” “Required Infrastructure” shall include all underground ducts and structures from a point of connection to established RCMU service facilities at the stub out identified in Exhibit “F” in the street or public right of way, surface mounted equipment (except for transformers), and cabling to serve both buildings on the Site. This requirement shall satisfy any Condition of Approval pertaining to the Project’s electric and fiber optic connection to RCMU. Other City Fees. The Community Benefit Fee being paid by Developer pursuant to section 11 satisfies all but one hundred thousand dollars ($100,000) of the public arts fees required by Ordinance 912. Developer shall have the right to satisfy the remaining one hundred thousand dollars (100,000) either through the procurement of art or the payment of an in-lieu fee in that amount. Otherwise, Developer will be responsible for other applicable existing development fees. MMRP Compliance Costs. The MMRP includes mitigation measures applicable to the Project that may require City to verify compliance outside of City’s plan check process for the Project. Accordingly, Developer shall reimburse City for all compliance costs, including City staff and consultant time and expenses, incurred in verifying Developer’s compliance with the MMRP, except for such costs associated with mitigation measures that are verified during plan check and recovered by City through development fees. City shall submit an invoice for such costs on an as- needed basis and Developer shall pay the invoice to City within thirty (30) days of receipt. Undergrounding In-Lieu Fee. Pursuant to Rancho Cucamonga Municipal Code Section 16.36.090, Developer may pay a fee to City in the amount of one million four hundred thousand dollars ($1,400,000.00) in lieu of undergrounding existing distribution and telecommunications facilities on the Site or along streets peripheral to the Site (“Distribution Facilities”). If Developer Page 135 -18- H748-028 -- 4210543.1 elects to pay the fee in lieu of undergrounding the Distribution Facilities, then City may use such funds for utility undergrounding projects anywhere within the City of Rancho Cucamonga. This requirement shall satisfy any Condition of Approval pertaining to the Project’s utility undergrounding. Developer’s obligations under this section 11 may extend past the Term of this Agreement. Therefore, this section 11 shall survive the expiration or termination of the Term; provided, however, that upon termination of this Agreement pursuant to section 27 below, all of Developer’s obligations hereunder shall be terminated and of no further force and effect. City’s Obligations. The City shall reasonably expedite review and processing of all plans and issuance of all permits associated with the Project. The City shall refund not more than thirty percent (30%) or fifteen percent (15%), as the case may be, of the community Benefit Fee payments identified in section 11(B)(i), consistent with and provided the provisions and conditions of section 11(B)(iii) are satisfied. Annual Review. During the Term of this Development Agreement, City shall annually review the extent of good faith compliance by Developer with the terms of this Development Agreement. Developer shall file an annual report with the City providing information regarding compliance with the terms of this Development Agreement no later than sixty (60) days prior to the anniversary of the Effective Date. Annual reports shall include all information necessary for the City to assess Developer’s compliance with the terms and provisions of this Agreement. Developer shall have the right to cause the annual report to be filed by any lessee then occupying the Site provided, however, that Developer shall remain primarily responsible for such filing. Indemnification and Legal Challenge. To the maximum extent permitted by law, Developer agrees to, and shall, defend, indemnify and hold City and its elected officials, officers, contractors serving as City officials, agents, and employees (“Indemnitees”) harmless from liability for damage and/or claims for damage for personal injuries, including death, and claims for property damage, and with respect to all other actions and liabilities for damages caused or alleged to have been caused by reason of Developer’s activities in connection with the construction of the Project or Developer’s operation of the permitted use, and which may arise from the direct or indirect operations of Developer or those of Developer’s contractors, agents, tenants, employees or any other persons acting on Developer’s behalf, which relate to the Developer’s construction of the Project or operation of the permitted use. This indemnity provision applies to all damages and claims for damage, as described above, regardless of whether or not the City prepared, supplied, or approved the plans, specifications, or other documents for the Project. Notwithstanding, the foregoing indemnity shall not include indemnification against (i) suits and actions brought by Developer by reason of City's default or alleged default hereunder, or (ii) suits and actions caused solely by or resulting solely from City's acts or omissions, or (iii) suits and actions arising from the sole negligence or willful misconduct of City; provided further, however, that the foregoing indemnity shall not apply to claims pertaining to City’s operation of those portions of the Site dedicated to City after the dedication thereof. Page 136 -19- H748-028 -- 4210543.1 In the event of any legal action challenging the validity, applicability, or interpretation of any provision of this Agreement, any of the Project Entitlements including, without limitation, the City’s General Plan, Zoning Ordinance, Design Review, EIR, or any other supporting document relating to the Project, the Developer shall indemnify, defend and hold harmless the Indemnitees, and each of them, with respect to all liability, costs and expenses incurred by, and/or awarded against, the City or any of the Indemnitees in relation to such action. The City shall have the right to select counsel of its choice. The parties hereby agree to cooperate in defending such action. In the event of any litigation challenging the effectiveness of this Agreement, or any portion hereof, this Agreement shall remain in full force and effect while such litigation, including any appellate review, is pending, unless otherwise ordered by the court. Absent issuance of an injunction, the Developer may elect to continue development under this Agreement pending completion of the litigation but it shall do so at its sole risk, and the City shall not be liable for any loss suffered as a result thereof. Amendments. This Agreement may be amended or canceled, in whole or in part, only by mutual written consent of the parties and then in the manner provided for in California Government Code Section 65868, et seq., or successor provisions thereto. Minor Amendments to Development Plan. Upon the written application of Developer, minor modifications and changes to the Development Plan, including modifications to the building design or footprint affecting setbacks, parking layout and design, and landscape design may be approved by the Planning Director. Substantial changes in the Development Plan, as determined by the Planning Director, shall be processed through the process required by law to amend or modify the Development Plan. Upon the approval of substantial changes to the Development Plan, Developer and City shall amend this Agreement to memorialize and acknowledge the revised Development Plan. Enforcement. In the event of a default under the provisions of this Agreement by Developer, City shall give written notice to Developer (or its successor) by registered or certified mail addressed at the address stated in this Agreement, and if such violation is not corrected to the reasonable satisfaction of City within thirty (30) days after such notice is served on Developer, or if not corrected within such reasonable time as may be required to cure the breach or default if said breach or default cannot be cured within said thirty (30) days (provided that acts to cure the breach or default must be commenced within said thirty (30) days and must thereafter be diligently pursued by Developer), then City may, without further notice, declare a default under this Agreement and, upon any such declaration of default, City may bring any action necessary to specifically enforce the obligations of Developer growing out of the operation of this Development Agreement, apply to any court, state or federal, for injunctive relief against any violation by Developer of any provision of this Agreement, or apply for such other relief as may be appropriate. Event of Default. Developer is in default under this Agreement upon the happening of one or more of the following events or conditions: Page 137 -20- H748-028 -- 4210543.1 If a material warranty, representation or statement made or furnished by Developer to City set forth herein or in any document incorporated by reference herein is false or proved to have been false in any material respect when it was made; If a finding and determination is made by City following an annual review pursuant to section 13 hereinabove, upon the basis of substantial evidence, that Developer has not complied in good faith with any material terms and conditions of this Agreement, after notice and opportunity to cure as described in section 17 hereinabove; or A breach by Developer of any of the provisions or terms of this Agreement, after notice and opportunity to cure as provided in section 17 hereinabove. No Waiver of Remedies. City does not waive any claim of defect in performance by Developer if on periodic review City does not enforce this Agreement. Nonperformance by Developer shall not be excused because performance by Developer of the obligations herein contained would be unprofitable, difficult or expensive or because of a failure of any third party or entity, other than City. Subject to the provisions of Section 20, all other remedies at law or in equity which are not otherwise provided for in this Agreement are available to each party to pursue in the event that there is a breach of this Development Agreement by the other party (subject to applicable notice and cure periods). No waiver by City or Developer of any breach or default under this Development Agreement by the other party shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. City Not Liable For Damages. It is acknowledged by the parties that the City would not have entered into this Agreement if it could be held liable in damages under or with respect to this Agreement or the application thereof. Consequently, and except for the payment of attorney’s fees in accordance with this Agreement, the City shall not be liable in damages to the Developer, or to any assignee, transferee or any other person, and the Developer covenants on behalf of itself and its successors in interest not to sue for or claim any damages: For any breach of this Agreement; For the taking, impairment or restriction of any right or interest conveyed or provided hereunder or pursuant hereto; Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement; or For any injury to or interference with the rights of the property owner, allegedly or actually arising out of, or incurred in connection with, the parties entering this Agreement, or their exercise of any rights under this Agreement. The parties hereby warrant that each enters into this Agreement with the understanding that if the City defaults on its obligations under this Agreement due to an action taken by the electorate of the City in the exercise of the reserved powers of initiative and referendum, this Agreement shall be modified or suspended to the extent required by Government Code Section 65869.5 and the Developer’s right to seek specific performance, a writ of mandate, or other mandatory relief shall Page 138 -21- H748-028 -- 4210543.1 be limited by such force as the action taken by the electorate may have in light of state law as determined by any court of competent jurisdiction, in which case the Developer’s principal remedy shall lie in reformation of this Agreement Rights of Lenders Under this Agreement. Should Developer place or cause to be placed any encumbrance or lien on the Project, or any part thereof, the beneficiary (“Lender”) of said encumbrance or lien shall have the right at any time during the term of this Agreement and the existence of said encumbrance or lien to: Do any act or thing required of Developer under this Agreement, or cure any default of Developer under this Agreement within the time limits set forth in section 17, and any such act or thing done or performed by Lender or cure shall be as effective as if done by Developer; Realize on the security afforded by the encumbrance or lien by exercising foreclosure proceedings or power of sale or other remedy afforded in law or in equity or by the security document evidencing the encumbrance or lien (hereinafter referred to as “a trust deed”); Transfer, convey or assign the title of Developer to the Project to any purchaser at any foreclosure sale, whether the foreclosure sale be conducted pursuant to court order or pursuant to a power of sale contained in a trust deed; and Acquire and succeed to the interest of Developer by virtue of any foreclosure sale, whether the foreclosure sale is conducted pursuant to a court order or pursuant to a power of sale contained in a trust deed. Should any Lender require or request an amendment of this Agreement in respect of the rights and remedies granted to a Lender, City hereby agrees to execute and deliver such an amendment so long as the proposed amendment does not materially and adversely affect the rights, powers, and remedies of the City in respect of a default by Developer hereunder. Notice to Lender. City shall give written notice of any default or breach under this Agreement by Developer to Lender (if known by City) simultaneously with such notice of default City gives to Developer and afford Lender the opportunity after receipt of service of the notice to: Cure the breach or default within thirty (30) days after service of said notice, where the default can be cured by the payment of money; Cure the breach or default within thirty (30) days after service of said notice where the breach or default can be cured by something other than the payment of money and can be cured within that time; or Cure the breach or default in such reasonable time as may be required where something other than payment of money is required to cure the breach or default and cannot be performed within thirty (30) days after said notice, provided that acts to cure the breach or default are commenced within a thirty (30) day period after service of said notice of default on Lender by City and are thereafter diligently continued by Lender. Page 139 -22- H748-028 -- 4210543.1 Action by Lender. Notwithstanding any other provision of this Agreement, a Lender may forestall any action by City for a breach or default under the terms of this Agreement by Developer by commencing proceedings to foreclose its encumbrance or lien on the Project. The proceedings so commenced may be for foreclosure of the encumbrance by order of court or for foreclosure of the encumbrance under a power of sale contained in the instrument creating the encumbrance or lien. The proceedings shall not, however, forestall any such action by the City for the default or breach by Developer unless: They are commenced within thirty (30) days after service on Developer (and on Lender if Lender’s address is provided to the City) of the notice described hereinabove; They are, after having been commenced, diligently pursued in the manner required by law to completion; and Lender keeps and performs all of the terms, covenants, and conditions of this Agreement requiring the payment or expenditure of money by Developer until the foreclosure proceedings are complete or are discharged by redemption, satisfaction, or payment. Notice. Any notice required to be given by the terms of this Agreement shall be provided by email or certified mail, return receipt requested, at the address of the respective parties as specified below or at any other such address as may be later specified by the parties hereto. To Developer: Speedway Commerce Center Development, LLC A Delaware limited liability company 901 Via Piemonte, Suite 175 Ontario, CA 91764 Attention: Scott Morse With a copy to: Gresham Savage Nolan & Tilden, PC 550 E. Hospitality Lane, Suite 300 San Bernardino, CA 92408 Attention: Mark A. Ostoich Email: mark.ostoich@greshamsavage.com To City: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, California, 91730 Attention: City Manager Email: john.gillison@cityofrc.us With a Copy to: Richards, Watson & Gershon 350 S. Grand Avenue, 37th Floor Los Angeles, California 90071 Attention: Nicholas R. Ghirelli Email: nghirelli@rwglaw.com Page 140 -23- H748-028 -- 4210543.1 Attorneys’ Fees. In any proceedings arising from the enforcement of this Agreement or because of an alleged breach or default hereunder, the prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees and experts’ fees incurred during the proceeding (including appeals) as may be fixed within the discretion of the court. Binding Effect. This Agreement shall bind, and the benefits and burdens hereof shall inure to, the respective parties hereto and their legal representatives, executors, administrators, successors and assigns, wherever the context requires or admits. Termination. Notwithstanding any other provision contained herein, this Agreement may be terminated at any time upon the written mutual agreement of both parties. Applicable Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Venue for any action or litigation brought for breach or to enforce any provision of this Agreement shall be the Superior Court of the County of San Bernardino, California. Partial Invalidity. If any provisions of this Agreement shall be deemed to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby. Recordation. The City Clerk shall record this Agreement in the Official Records of the County Recorder of the County of San Bernardino within ten (10) business days following the Effective Date. Upon the expiration of the terms of this Agreement and the request of the Property Owner, the City will execute and deliver, in recordable form, an instrument confirming that this Agreement is terminated and of no further force or effect. Force Majeure. In the event that either party hereto shall be delayed or hindered or prevented from performance of any act required hereunder by reason of acts of God, strikes, lockouts, labor troubles, inability to procure materials, riots, insurrection, terrorism, war or other reason of similar nature not the fault of the party delayed in performing the work or doing the acts required under the terms of this Agreement, then the performance of such act shall be excused for the period of the delay caused by the foregoing. Financial inability shall not be deemed an excuse for delay under this section 31. Integrated Agreement. This Development Agreement consists of this Agreement together with all Exhibits attached hereto, and all of the same are hereby incorporated by reference. The provisions of this Agreement shall govern over any inconsistent or conflicting provisions set forth in the Exhibits. No representation or promise, verbal or written, not expressly set forth herein shall be binding or have any force or effect. Time of Essence. Time is of the essence in every provision hereof in which time is a factor. Operating Memoranda. The provisions of this Agreement require a close degree of cooperation between the City and Developer. The anticipated refinements to the Project may demonstrate that clarifications to this Agreement and the Project Entitlements are appropriate with respect to the implementation of this Agreement and the Project Entitlements. If, when, and as it becomes necessary or appropriate to take implementing Page 141 -24- H748-028 -- 4210543.1 actions or make such changes, adjustments or clarifications, the Parties may effectuate such actions, changes, adjustments or clarifications through an operating memorandum (“Operating Memorandum”) approved by the parties in writing which references this section. Such Operating Memorandum shall not require public notices and hearings or an amendment to this Agreement unless it is required by sections 15 or 16 above. The City Manager shall be authorized, after consultation with and approval of Developer, to determine whether a requested adjustment, clarification or implementing action (i) may be effectuated pursuant to this section 34 and is consistent with the intent and purpose of this Agreement and the Project Entitlements or (ii) is of the type that would constitute an amendment to this Agreement and thus would require compliance with the provisions of section 15 or section 16 above. The authority to enter into such Operating Memorandum is hereby delegated to the City Manager, and the City Manager is hereby authorized to execute any Operating Memorandum hereunder without further City Council action. [SIGNATURES ON NEXT PAGE] Page 142 -25- H748-028 -- 4210543.1 IN WITNESS WHEREOF, this Agreement has been executed by the parties and shall be effective on the Effective Date set forth hereinabove. CITY: CITY OF RANCHO CUCAMONGA, a Municipal Corporation Dated: By: L. Dennis Michael Mayor DEVELOPER: SPEEDWAY COMMERCE CENTER DEVELOPMENT, LLC, a Delaware limited liability company Dated: By: Print Name: Title: ATTEST: Janice C. Reynolds City Clerk Dated: By: Print Name: Title: Approved as to form: James L. Markman City Attorney Page 143 -26- H748-028 -- 4210543.1 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of San Bernardino ) On _________________________, before me, , (insert name and title of the officer) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Page 144 -27- H748-028 -- 4210543.1 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of San Bernardino ) On _________________________, before me, , (insert name and title of the officer) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Page 145 Page 146 A-1 11231-0001\2182311v1.doc H748-028 -- 4210543.1 EXHIBIT “A-1” LEGAL DESCRIPTION The Land referred to herein below is situated partly in the City of Rancho Cucamonga, County of San Bernardino, and partly in an unincorporated area in the County of San Bernardino, all in the State of California, and is described as follows: ALL THOSE PORTIONS OF THE FOLLOWING DESCRIBED LAND LYING WITHIN THOSE CERTAIN PARCELS OF LAND GRANTED TO KAISER STEEL LAND DEVELOPMENT, INC., A DELAWARE CORPORATION, AND DESCRIBED AS PARCELS NO. 1, 2, 3, AND 4, AND A PORTION PARCEL NO. 6, BY DOCUMENT RECORDED JULY 28, 1994 AS INSTRUMENT NO. 94323332 OF OFFICIAL RECORDS OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, IN THE WEST ONE-HALF OF SECTION 9 AND SECTION 16, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, AND THAT PORTION OF THE EAST ONE-HALF OF SECTION 16, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, IN SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 9, SAID CORNER BEING LOCATED IN THE CENTER LINE OF ETIWANDA AVENUE; THENCE NORTH 00°06'43" EAST, 368.12 FEET ALONG THE WEST LINE OF SAID SECTION 9 AND THE CENTERLINE OF SAID ETIWANDA AVENUE TO THE SOUTHERLY RIGHT OF WAY LINE OF THE ATCHISON TOPEKA AND SANTA FE RAILWAY, 100 FEET IN WIDTH; THENCE NORTH 87°54'59" EAST, 50.04 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE TO THE EASTERLY RIGHT OF WAY LINE OF SAID ETIWANDA AVENUE (50.00 HALF WIDTH) TO THE TRUE POINT OF BEGINNING; THENCE NORTH 87°54'59" EAST, 911.48 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE TO AN ANGLE POINT IN THE NORTHWESTERLY BOUNDARY LINE OF THE REAL PROPERTY CONVEYED TO NATIONAL CAN CORPORATION BY DEED RECORDED MAY 06, 1965 IN BOOK 6385, PAGE 456 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTH 60°06'26" WEST, 214.28 FEET ALONG SAID NORTHWESTERLY BOUNDARY TO A ANGLE POINT IN SAID BOUNDARY; THENCE SOUTH 00°07'03" WEST, 554.86 FEET ALONG THE WESTERLY BOUNDARY OF SAID NATIONAL CAN CORPORATION BOUNDARY TO THE SOUTHWEST CORNER OF SAID BOUNDARY; THENCE NORTH 88°57'35" EAST, 1324.24 FEET ALONG THE SOUTHERLY BOUNDARY OF SAID NATIONAL CAN CORPORATION BOUNDARY TO THE SOUTHEAST CORNER OF SAID BOUNDARY; THENCE NORTH 00°07'03" EAST, 679.03 FEET ALONG THE EASTERLY BOUNDARY OF SAID NATIONAL CAN CORPORATION BOUNDARY TO THE NORTHEAST CORNER OF SAID BOUNDARY, SAID NORTHEAST CORNER ALSO BEING ON SAID SOUTHERLY RIGHT OF WAY LINE OF THE ATCHISON TOPEKA AND SANTA FE RAILWAY; THENCE NORTH 87°54'59" EAST, 447.68 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE TO A LINE PARALLEL WITH AND DISTANT WESTERLY 100.00 FEET FROM THE SOUTHWEST ONE-QUARTER OF SAID SECTION 9; THENCE SOUTH 00°15'05" WEST, 414.32 FEET ALONG SAID PARALLEL LINE, TO A POINT ON THE SOUTH LINE OF SAID SECTION 9 SAID POINT ALSO BEING ON THE NORTHERLY LINE OF Page 147 A-2- 11231-0001\2182311v1.doc H748-028 -- 4210543.1 SAID SECTION 16; THENCE NORTH 88°57'18" EAST, 100.02 FEET ALONG SAID NORTHERLY LINE, TO THE NORTHEAST CORNER OF THE NORTHWEST ONE- QUARTER OF SAID SECTION 16; THENCE NORTH 88°57'18" EAST, 200.03 FEET ALONG THE NORTHERLY LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 16 TO A POINT ON THE EASTERLY LINE OF THE WESTERLY 200.00 FEET OF THE EAST ONE-HALF OF SAID SECTION 16; THENCE SOUTH 00°06'58" WEST, 799.51 FEET TO A POINT ON THE NORTHERLY LINE OF NAPA STREET AS DESCRIBED IN DOCUMENT RECORDED OCTOBER 06, 1995 AS INSTRUMENT NO. 19950348166, AND DOCUMENT RECORDED NOVEMBER 22, 1995 AS INSTRUMENT NO. 19950404553, BOTH OF OFFICIAL RECORDS, SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 883.00 FEET, A RADIAL LINE THROUGH THE BEGINNING OF SAID NON-TANGENT CURVE BEARS NORTH 23°08'53" WEST; THENCE FOLLOWING (7) SEVEN COURSES ALONG THE NORTHERLY LINE OF SAID NAPA STREET: THENCE SOUTHWESTERLY 36.49 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02°22'05", TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 817.00 FEET, A RADIAL LINE THROUGH THE BEGINNING OF SAID REVERSE CURVE BEARS SOUTH 25°30'58" EAST; THENCE WESTERLY 729.50 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 51°09'34" TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 883.00 FEET, A RADIAL LINE THROUGH THE BEGINNING OF SAID REVERSE CURVE BEARS NORTH 25°38'36" EAST; THENCE WESTERLY 390.98 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25°22'10"; THENCE NORTH 89°43'34" WEST, 518.43 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 1033.00 FEET; THENCE SOUTHWESTERLY 188.14 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10°26'06" TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 967.00 FEET, A RADIAL LINE THROUGH THE BEGINNING OF SAID REVERSE CURVE BEARS SOUTH 10°09'40" EAST; THENCE WESTERLY 176.47 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10°27'22"; THENCE NORTH 89°42'18" WEST, 222.48 FEET TO A POINT ON THE EAST LINE OF THAT CERTAIN STRIP OF LAND, 150.00 FEET WIDE, DESCRIBED IN THE RIGHT OF WAY EASEMENT FROM FRANK BORGIA ET UX. TO SOUTHERN CALIFORNIA EDISON COMPANY LTD., RECORDED SEPTEMBER 27, 1938 IN BOOK 1301, PAGE 183 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTH 00°07'03" EAST, 714.03 FEET ALONG SAID EAST LINE TO THE SOUTHERLY LINE OF SAID SECTION 9; THENCE NORTH 00°04'52" EAST, 319.38 FEET TO A POINT ON THE SOUTHERLY LINE OF PARCEL NO. 1 AS CONVEYED TO ROBERT C. RINGHOLZ BY DEED RECORDED NOVEMBER 30, 1948 IN BOOK 2327, PAGE 359 OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT BEARS 625.52 FEET (625.56 FEET GROUND) EAST ALONG SAID SOUTHERLY LINE FROM THE SOUTHWEST CORNER OF PARCEL NO. 1 OF SAID ROBERT C. RINGHOLZ PROPERTY, SAID SOUTHWEST CORNER BEING ON THE CENTERLINE OF SAID ETIWANDA AVENUE; THENCE SOUTH 87°54'59" WEST, 575.48 FEET ALONG SAID SOUTHERLY LINE TO THE INTERSECTION OF SAID EASTERLY RIGHT OF WAY LINE OF SAID ETIWANDA AVENUE; THENCE NORTH 00°06'43" EAST, 60.04 FEET ALONG SAID EASTERLY RIGHT OF WAY LINE TO THE TRUE POINT OF BEGINNING. Page 148 A-3- 11231-0001\2182311v1.doc H748-028 -- 4210543.1 EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEING A PORTION OF THE SOUTHWEST ONE-HALF OF SECTION 9 AND A PORTION OF THE NORTHWEST ONE-QUARTER OF SECTION 16, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, SITUATED IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, SAID PORTION ALSO BEING A PORTION OF THE LAND DESCRIBED IN GRANT DEED TO KAISER STEEL LAND DEVELOPMENT, INC., RECORDED JANUARY 12, 2000 AS INSTRUMENT NO. 20000011988 OF OFFICIAL RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 9, SAID CORNER BEING ON THE CENTERLINE OF ETIWANDA AVENUE; THENCE NORTH 00°06'43" EAST, 368.09 FEET ALONG THE WEST LINE OF SAID SECTION 9 AND SAID CENTERLINE TO THE SOUTHERLY LINE OF THE ATCHISON TOPEKA AND SANTA FE RAILWAY RIGHT- OF-WAY (100 FEET WIDE); THENCE NORTH 87°54'59" EAST 50.04 FEET ALONG SAID SOUTHERLY LINE TO THE EASTERLY LINE OF SAID ETIWANDA AVENUE (50.00 FEET HALF WIDTH), SAID POINT BEING THE POINT OF BEGINNING; THENCE NORTH 87°54'59" EAST, 911.48 FEET CONTINUING ALONG SAID SOUTHERLY LINE TO AN ANGLE POINT IN THE NORTHWESTERLY LINE OF THE PARCEL OF LAND DESCRIBED IN GRANT DEED TO NATIONAL CAN CORPORATION, RECORDED MAY 06, 1965 IN BOOK 6385, PAGE 456 OF OFFICIAL RECORDS; THENCE SOUTH 60°06'26" WEST 214.28 FEET ALONG SAID NORTHWESTERLY LINE TO AN ANGLE POINT IN SAID PARCEL; THENCE SOUTH 00°07'03" WEST, 554.86 FEET ALONG THE WESTERLY LINE OF SAID PARCEL TO THE SOUTHWEST CORNER OF SAID PARCEL; THENCE SOUTH 88°57'35" WEST, 150.02 FEET ALONG THE WESTERLY PROJECTION OF THE SOUTHERLY LINE OF SAID PARCEL TO A POINT ON THE EASTERLY LINE OF THAT CERTAIN STRIP OF LAND, 150 FEET WIDE, DESCRIBED IN RIGHT-OF-WAY EASEMENT, TO SOUTHERN CALIFORNIA EDISON COMPANY, LTD., RECORDED SEPTEMBER 27, 1938 IN BOOK 1301, PAGE 183 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTH 00°07'03" EAST, 272.73 FEET ALONG LAST SAID EASTERLY LINE TO THE SOUTH LINE OF SAID SECTION 9; THENCE NORTH 00°04'52" EAST, 319.38 FEET TO A POINT ON THE SOUTHERLY LINE OF THE LAND DESCRIBED AS PARCEL NO. 1 IN GRANT DEED TO ROBERT C. RINGHOLZ, RECORDED NOVEMBER 30, 1948 IN BOOK 2327, PAGE 359 OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT BEARS 625.52 FEET (625.56 FEET GROUND) EAST ALONG SAID SOUTHERLY LINE FROM THE SOUTHWEST CORNER OF SAID PARCEL 1 OF SAID ROBERT C. RINGHOLZ PROPERTY, SAID SOUTHWEST CORNER BEING ON THE CENTERLINE OF ETIWANDA AVENUE; THENCE SOUTH 87°54'59" WEST, 575.48 FEET ALONG LAST SAID SOUTHERLY LINE TO A POINT ON SAID EASTERLY LINE OF ETIWANDA AVENUE; THENCE NORTH 00°06'43" EAST, 60.04 FEET ALONG LAST SAID EASTERLY LINE TO THE POINT OF BEGINNING. TOGETHER WITH THAT PORTION DESCRIBED AS FOLLOWS: BEING A PORTION OF THE SOUTHWEST ONE-QUARTER OF SECTION 9 AND A PORTION OF THE NORTHWEST ONE-QUARTER OF SECTION 16, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, SITUATED IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, SAID PORTION ALSO BEING A PORTION OF THE PARCEL OF LAND DESCRIBED IN GRANT DEED TO NATIONAL CAN CORPORATION, RECORDED MAY 06, 1965 IN BOOK 6385, Page 149 A-4- 11231-0001\2182311v1.doc H748-028 -- 4210543.1 PAGE 456 OF OFFICIAL RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID NATIONAL CAN CORPORATION PARCEL; THENCE SOUTH 88°57'35" WEST, 567.50 FEET ALONG THE SOUTHERLY LINE OF SAID PARCEL TO A POINT ON A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1062.15 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 72°53'33" WEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48°02'18" AN ARC LENGTH OF 890.54 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL; THENCE SOUTH 00°07'03" WEST, 641.03 FEET ALONG SAID EASTERLY LINE TO THE POINT OF BEGINNING. SAID LAND IS ALSO SHOWN AND DESCRIBED AS PARCEL 2 OF CERTIFICATE OF COMPLIANCE NO. 507 RECORDED JANUARY 17, 2002 AS INSTRUMENT NO. 20020026839 OF OFFICIAL RECORDS. For conveyancing purposes only: APNs 0229-291-45-0-000, 0229-291-46-0-000 and 0229-291-54-0-000. Page 150 A-2-1 11231-0001\2182311v1.doc H748-028 -- 4210543.1 EXHIBIT “A-2” SITE MAP Page 151 Page 152 B-1 11231-0001\2182311v1.doc H748-028 -- 4210543.1 EXHIBIT “B” FAIR SHARE FEES Page 153 Page 154 C-1 11231-0001\2182311v1.doc H748-028 -- 4210543.1 EXHIBIT “C” DEVELOPMENT PLAN ON FILE IN THE PLANNING DEPARTMENT; TO BE ADDED PRIOR TO RECORDING Page 155 Page 156 E-1 11231-0001\2182311v1.doc H748-028 -- 4210543.1 EXHIBIT “D” New Public Street Depiction Via Maris Place, AKA Street “A” Page 157 Page 158 E-1 11231-0001\2182311v1.doc H748-028 -- 4210543.1 EXHIBIT “E” Draft Power Purchase Agreement INDUSTRIAL ZONING DISTRICT RENEWABLE POWER PURCHASE AGREEMENT between CITY OF RANCHO CUCAMONGA and ________ Page 159 INDUSTRIAL ZONING DISTRICT RENEWABLE POWER PURCHASE AGREEMENT TABLE OF CONTENT 1. DOCUMENTS INCLUDED ..........................................................................................3 2. SELLER’S FACILITY AND COMMERCIAL OPERATION DATE .....................4 3. CONTRACT CAPACITY AND QUANTITY; TERM; CONTRACT PRICE; BILLING; COLLATERAL REQUIREMENT ...........................................................6 4. GREEN ATTRIBUTES; RESOURCE ADEQUACY BENEFITS; ERR REQUIREMENTS .......................................................................................................11 5. REPRESENTATION AND WARRANTIES; COVENANTS .................................12 6. GENERAL CONDITIONS .........................................................................................14 7. INDEMNITY ................................................................................................................18 8. LIMITATION OF DAMAGES ...................................................................................18 9. INSURANCE ................................................................................................................19 10. NOTICES ......................................................................................................................22 11. FORCE MAJEURE .....................................................................................................23 12. EVENTS OF DEFAULT AND TERMINATION .....................................................23 13. GOVERNMENTAL CHARGES ................................................................................27 14. RELEASE OF INFORMATION AND RECORDING CONVERSATION ...........27 15. ASSIGNMENT .............................................................................................................28 16. GOVERNING LAW ....................................................................................................28 17. DISPUTE RESOLUTION ...........................................................................................29 18. MISCELLANEOUS .....................................................................................................30 APPENDIX A – DEFINITIONS ..............................................................................................................33 APPENDIX B – COMMERCIAL OPERATION DATE CONFIRMATION LETTER ....................45 APPENDIX C – FORECASTING REQUIREMENTS ..........................................................................47 APPENDIX D – DESCRIPTION OF THE FACILITY.........................................................................48 APPENDIX E – INDUSTRIAL ZONING DISTRICT RENEWABLE PPA MILESTONES AND EXAMPLE ACTION STEPS ......................................................................................49 APPENDIX F – NOTICES LIST .............................................................................................................52 APPENDIX G – FORM OF LETTER OF CREDIT..............................................................................54 APPENDIX H – FORM OF CONSENT TO ASSIGNMENT ...............................................................58 Page 160 E-3 11231-0001\2182311v1.doc H748-028 -- 4210543.1 The City of Rancho Cucamonga, a municipal corporation organized and existing under the laws of the State of California (“Buyer” or “RCMU”), and _________(“Seller”), a ________________, hereby enter into this Power Purchase Agreement (“Agreement”) made and effective as of the Execution Date. Seller and Buyer are sometimes referred to in this Agreement jointly as “Parties” or individually as “Party.” In consideration of the mutual promises and obligations stated in this Agreement and its appendices, the Parties agree as follows: ARTICLE ONE. DOCUMENTS INCLUDED This Agreement includes the following appendices, which are specifically incorporated herein and made a part of this Agreement: Appendix A Definitions Appendix B Commercial Operation Date Confirmation Letter Appendix C Forecasting Requirements Appendix D Description of the Facility Appendix E Seller’s Milestone Schedule Appendix F Notices List Appendix G Form of Letter of Credit Appendix H Form of Consent to Assignment This Agreement specifically incorporates herein by reference as if appended hereto the following documents (collectively referred to herein as the “Referenced Documents”): Industrial Zoning District Renewable PPA Application, submitted by Seller, dated __________ Industrial Zoning District Renewable PPA Generation Forecast, dated _____________ Project Phasing Plan, approved by the City of Rancho Cucamonga on _____________ To the extent any provisions of the Referenced Documents conflict with any other provisions of the Agreement, the other provisions of the Agreement shall control. ARTICLE TWO. SELLER’S FACILITY AND COMMERCIAL OPERATION DATE This Agreement governs Buyer’s purchase of the Product from the electrical generating facility (hereinafter referred to as the “Facility” or “Project”) as described in this Section. 1.1. Facility Location. The Facility is physically located at: _____________________________. Page 161 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2021-00175 – CITY OF RANCHO CUCAMONGA January 5, 2022 Page 4 1.2. Facility Name. The Facility is named _____________. 1.2.1. The Facility’s renewable resource is _______. 1.3. Interconnection Point. The Facility is connected to the Rancho Cucamonga Municipal Utility (RCMU’s) electric system at __________ distribution circuit at a service voltage of __12____ kV. 1.4. Delivery Point. The Delivery Point for Energy is the Interconnection Point. 1.5. Facility Description. A description of the Facility, including a summary of its significant components, a drawing showing the general arrangements of the Facility, and a single line diagram illustrating the interconnection of the Facility and loads with the Transmission/Distribution Owner’s electric distribution system, is attached and incorporated herein as Appendix D. 1.6. Commercial Operation. 1.6.1. The Facility’s expected Commercial Operation Date is _______. 1.6.2. Seller shall achieve Commercial Operation no later than the expected Commercial Operation Date specified in Section 2.6.1, which date shall be no later than _______ (__) months from the Execution Date of this Agreement. The expected Commercial Operation Date specified in Section 2.6.1 may be extended for only the following reasons: 1.6.2.1. If Seller has taken all commercially reasonable actions (including but not limited to Seller’s timely filing of all required applications and documents, payment of all applicable fees, and completion of all electric system upgrades needed, if any) to have the Project physically interconnected to the Transmission/Distribution Owner’s distribution system, but fails to secure any necessary commitments from the Transmission/Distribution Owner for such interconnection and upgrades due to delays beyond Seller’s reasonable control, then the expected Commercial Operation Date specified in Section 2.6.1 shall be extended for the number of days necessary to physically interconnect the Facility; provided, however, that such delay may not extend the expected Commercial Operation Date specified in Section 2.6.1 for a period of more than six (6) months; or 1.6.2.2. If Seller has taken all commercially reasonable actions (including but not limited to Seller’s timely filing of all required applications and documents and payment of all applicable fees, if any) to obtain permits necessary to construct and operate the facility but fails to secure any such permits due to delays beyond Seller’s reasonable control, then the expected Commercial Operation Date specified in Section 2.6.1 shall be extended for the number Page 162 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2021-00175 – CITY OF RANCHO CUCAMONGA January 5, 2022 Page 5 of days necessary to secure such permits; provided, however, that such delay may not extend the expected Commercial Operation Date specified in Section 2.6.1 for a period of more than six (6) months; or 1.6.2.3. In the event of Force Majeure, the expected Commercial Operation Date specified in Section 2.6.1 shall be extended on a day-to-day basis for a cumulative period of not more than six (6) months; provided that Seller complies with Section 10. 1.6.2.4. Extensions under Section 2.6.2.1, 2.6.2.2, and 2.6.2.3, to the extent they may occur concurrently, shall run concurrently. 1.6.3. Seller shall provide Notice to Buyer of the Commercial Operation Date of the Facility at least thirty (30) days prior to such date. 1.6.4. Notwithstanding anything in this Agreement, if Seller is unable to achieve Commercial Operation by the expected Commercial Operation Date specified in Section 2.6.1, which may be extended pursuant to Section 2.6.2, then Seller shall either (i) terminate the Agreement, in which case Buyer may retain the full Reservation Deposit, or (ii) pay to Buyer daily delay damages in the amount of twenty cents ($0.20) for each kilowatt of Contract Capacity for each day beyond the expected Commercial Operation Date specified in Section 2.6.1, as may be extended pursuant to Section 2.6.2, that Seller requires to achieve Commercial Operation. 1.6.5. Commercial Operation shall occur only when all of the following conditions have been satisfied: 1.6.5.1. the Facility’s status as an Eligible Renewable Energy Resource is demonstrated by Seller’s receipt of pre-certification from the CEC; 1.6.5.2. the Parties have executed and exchanged the “Commercial Operation Date Confirmation Letter” attached as Appendix B; 1.6.5.3. Seller is in compliance with all applicable requirements of the RCMU Electric Service Rule 22 – Generating Facility Interconnections; 1.6.5.4. Seller has furnished to Buyer all insurance documents required under Section 9; 1.6.5.5. Seller has provided thirty (30) days’ Notice prior to the Commercial Operation Date as required under Section 2.6.3; 1.6.5.6. Seller has obtained all permits necessary to operate the Facility and is in compliance with all Laws applicable to the operation of the Facility; Page 163 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2021-00175 – CITY OF RANCHO CUCAMONGA January 5, 2022 Page 6 1.6.5.7. Seller has successfully installed and tested the Facility at its full Contract Capacity, and the Facility is capable of reliably generating at its full Contract Capacity; and 1.6.5.8. Seller has satisfied the Collateral Requirement set forth in Section 3.9. 1.6.5.9. The City of Rancho Cucamonga has approved the Phasing Plan submitted by Seller for the Facility. ARTICLE THREE. CONTRACT CAPACITY AND QUANTITY; TERM; CONTRACT PRICE; BILLING; COLLATERAL REQUIREMENT 1.7. Contract Capacity. Pursuant to the Phasing Plan approved by the City of Rancho Cucamonga, the Contract Capacity is as follows: Phase 1: _____ kW, alternating current (AC). Phase 2: _____ kW, alternating current (AC). Phase 3: _____ kW, alternating current (AC). 1.8. Contract Quantity. 1.8.1. The “Contract Quantity” during each Contract Year is the amount set forth in the applicable Contract Year in the “Delivery Term Contract Quantity Schedule,” set forth in Appendix F , which amount is net of Station Use. Seller shall have the option to update the Delivery Term Contract Quantity Schedule one (1) time prior to Commercial Operation Date by an amount not to exceed a five percent (5%) increase or decrease from the Contract Quantity specified as of the Execution Date. 1.8.2. At least ninety (90) days prior to the occurrence of a Phasing Plan Transition Event, Seller shall provide Notice to Buyer that includes the following information (i) the new Contract Capacity consistent with Section 3.1; (ii) the date upon which the changed Contract Capacity will be available to Buyer; and (iii) documentation reasonably satisfactory to Buyer demonstrating that the requirements of the Phasing Plan have been met. 1.8.3. Within thirty (30) days of receiving Notice from Seller pursuant to Section 3.2.2., the City Manager shall cause the Contract Quantity values specified in Appendix F to be modified for the applicable Contract Years consistent with the Phasing Plan, and such modification shall be considered an element of the administration of this Agreement and shall not require the consent of the Parties hereto. Upon such modification, the City Manager shall promptly provide a copy of such revised Appendix F to Seller. Page 164 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2021-00175 – CITY OF RANCHO CUCAMONGA January 5, 2022 Page 7 1.9. Transaction. During the Delivery Term, Seller shall sell and deliver, or cause to be delivered, and Buyer shall purchase and receive, all Product produced by or associated with the Facility that is delivered to the Delivery Point. In no event shall Seller have the right to procure the Product from sources other than the Facility for sale or delivery to Buyer under this Agreement. Buyer shall have no obligation to receive or purchase the Product from Seller prior to the Commercial Operation Date or after the end of the Delivery Term. 1.10. Term of Agreement; Survival of Rights and Obligations. 1.10.1. The term shall commence upon the Execution Date of this Agreement and shall remain in effect until the conclusion of the Delivery Term unless terminated sooner pursuant to Sections 10.4 or 11 of this Agreement (the “Term”). 1.10.2. Notwithstanding anything to the contrary in this Agreement, all of the rights and obligations that this Agreement expressly provides survive termination as well as the rights and obligations that arise from Seller’s or Buyer’s covenants, agreements, representations, and warranties applicable to, or to be performed, at or during any time before or as a result of the termination of this Agreement. 1.11. Delivery Term. Seller shall deliver the Product from the Facility to Buyer for a period of twenty-five (25) Contract Years for all generation technologies. The Delivery Term shall commence on the Commercial Operation Date and continue until the end of the last Contract Year unless the Agreement is terminated sooner pursuant to the terms of the Agreement. 1.12. Contract Price. 1.12.1.Throughout the Delivery Term, and subject to and in accordance with the terms of this Agreement, Buyer shall pay the Contract Price to Seller for the Product based on the amount of Delivered Energy. The Contract Price shall be $__ per MWh of Delivered Energy. 1.12.2. In any Contract Year, if the amount of Delivered Energy exceeds one hundred fifteen percent (115%) of the annual Contract Quantity amount, the Contract Price for such Delivered Energy in excess of one hundred fifteen percent (115%) shall be adjusted to be seventy-five percent (75%) of the applicable Contract Price. 1.12.3. Seller shall curtail production of the Facility in accordance with the applicable Notice after receipt of: (a) Notice from Buyer that Buyer has been instructed by the CAISO or the Transmission/Distribution Owner or any other jurisdictional entity to curtail Energy deliveries; or (b) Notice that Seller has been given a curtailment order or similar instruction in order to respond to an Emergency; or (c) Notice of a Curtailment Order issued by Buyer. Buyer shall have no obligation to pay Seller for Page 165 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2021-00175 – CITY OF RANCHO CUCAMONGA January 5, 2022 Page 8 any Product delivered in violation of this Section 3.6.3. Seller shall assume all liability and reimburse Buyer for any and all costs and charges incurred by Buyer, including but not limited to CAISO penalties, as a result of Seller delivering Energy in violation of the Section 3.6.3. Buyer shall have no obligation to pay Seller for any Product that Seller would have been able to deliver but for the fact of a curtailment pursuant to subsection (a) or (b) of the first sentence of this Section 3.6.3. 1.12.4. Buyer shall have the right, but not the obligation, to issue to Seller a Curtailment Order. Buyer shall pay Seller the Contract Price for the Product Seller would have been able to deliver but for the fact that Buyer issued a Curtailment Order (“Paid Curtailed Product”) as calculated pursuant to Section 3.6.5. 1.12.5. No later than fifteen (15) days after the end of a calendar month in which Buyer issued a Curtailment Order, Seller shall prepare and provide to Buyer a calculation of the amount of Product the Facility would have been able to deliver under Sections 3.6.4 for the applicable month. Seller shall apply accepted industry standards in making such calculation and take into consideration past performance of the Facility, and other relevant information, including but not limited to, Facility availability, weather, water flow, and solar irradiance data for the period of time during the Buyer issued Curtailment Order. Upon Buyer’s request, Seller shall promptly provide to Buyer any additional and supporting documentation necessary for Buyer to audit and verify Seller’s calculation. 1.13. Billing. 1.13.1. The amount of Delivered Energy shall be determined by the meter specified in Section 6.2.1 or Check Meter, as applicable. Buyer has no obligation to purchase from Seller any Energy that is not or cannot be delivered to the Delivery Point, regardless of circumstance. Buyer will not be obligated to pay Seller for any Product that Seller delivers in violation of Section 3.6.3, including any Product Seller delivers in excess of the amount specified in any Curtailment Order. 1.13.2. For the purpose of calculating monthly payments under this Agreement, the amount recorded by the meter specified in Section 6.2.1 or Check Meter, as applicable, will be multiplied by the Contract Price noted in Section 3.6.1, as possibly adjusted under Section 3.6.2, less any Energy produced by the Facility for which Buyer is not obligated to pay Seller as set forth in Section 3.7.1. 1.13.3. On or before the last Business Day of the month immediately following each calendar month, Seller shall determine the amount of Delivered Energy received by Buyer pursuant to this Agreement for each monthly period and issue an invoice showing the calculation of the payment. Seller shall also provide to Buyer: (a) records of metered data sufficient to document and verify the generation of Page 166 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2021-00175 – CITY OF RANCHO CUCAMONGA January 5, 2022 Page 9 Delivered Energy by the Facility during the preceding month; (b) access to any records; and (c) an invoice, in the format specified by Buyer. 1.13.4. In the event an invoice or portion thereof or any other claim or adjustment arising hereunder, is disputed, payment of the undisputed portion of the invoice shall be required to be made when due, with Notice of the objection given to the other Party. Any invoice dispute or invoice adjustment shall be in writing and shall state the basis for the dispute or adjustment. Payment of the disputed amount shall not be required until the dispute is resolved. In the event adjustments to payments are required as a result of inaccurate meter(s), Buyer in its reasonable discretion shall determine the correct amount of Delivered Energy received under this Agreement during any period of inaccuracy and recompute the amount due from Buyer to Seller for the Delivered Energy delivered during the period of inaccuracy. The Parties agree to use good faith efforts to resolve the dispute or identify the adjustment as soon as possible. Upon resolution of the dispute or calculation of the adjustment, any required payment shall be made within thirty (30) days of such resolution. 1.13.5. All interest paid or payable under this Agreement shall be computed as simple interest using the Interest Rate and, unless specified otherwise in this Agreement, shall be paid concurrently with the payment or refund of the underlying amount on which such interest is payable. 1.14. Title and Risk of Loss. Title to and risk of loss related to the Energy from the Facility shall transfer from Seller to Buyer at the Delivery Point. Seller warrants that it will deliver to Buyer the Product from the Facility free and clear of all liens, security interests, claims, and encumbrances or any interest therein or thereto by any person. 1.15. Collateral Requirement. On or before the Commercial Operation Date, Seller shall post and thereafter maintain a collateral requirement equal to sixty dollars ($60.00) for each kilowatt of Contract Capacity (the “Collateral Requirement”). The Collateral Requirement will be held by Buyer and must be in the form of either cash deposit or Letter of Credit. The Collateral Requirement shall be posted to Buyer and maintained at all times during the Delivery Term. Buyer shall be entitled to draw upon the Collateral Requirement for any damages arising upon Buyer’s declaration of an Early Termination Date as set forth in Section 12.3. In the event that Buyer draws on the Collateral Requirement, Seller shall promptly replenish such Collateral Requirement to the amount specified in this Section 3.9. Buyer shall return the unused portion of the Collateral Requirement to Seller promptly at the end of the Delivery Term, once all payment obligations of the Seller under this Agreement have been satisfied. Buyer shall pay simple interest on cash held to satisfy the Collateral Requirements at the rate and in the manner set forth in Section 3.7.5. Page 167 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2021-00175 – CITY OF RANCHO CUCAMONGA January 5, 2022 Page 10 ARTICLE FOUR.GREEN ATTRIBUTES; RESOURCE ADEQUACY BENEFITS; ERR REQUIREMENTS 1.16. Green Attributes. Seller hereby provides and conveys all green attributes associated with all electricity generation from the project to buyer as part of the product being delivered. seller represents and warrants that seller holds the rights to all green attributes from the project, and seller agrees to convey and hereby conveys all such green attributes to buyer as included in the delivery of the product from the project. 1.17. Conveyance of Product. Throughout the Delivery Term, Seller shall provide and convey the Product to Buyer in accordance with the terms of this Agreement, and Buyer shall have the exclusive right to the Product. Seller shall, at its own cost, take all actions and execute all documents or instruments that are reasonable and necessary to effectuate the use of the Green Attributes, Resource Adequacy Benefits, if any, and Capacity Attributes, if any, for Buyer’s benefit throughout the Delivery Term. 1.18. WREGIS. Seller shall cause and allow Buyer, or Buyer’s agent, to be the “Qualified Reporting Entity” and “Account Holder” (as such terms are defined by WREGIS) for the Facility within thirty (30) days after the Commercial Operation Date. In the event that Buyer is not the Qualified Reporting Entity, Seller shall, at its sole expense, take all actions necessary and provide any documentation requested by Buyer in support of WREGIS account administration and compliance with the California Renewables Portfolio Standard. Seller, at its sole expense, shall take all necessary steps and submit/file all necessary documentation to ensure that the Facility remains an Eligible Renewable Energy Resource throughout the Delivery Term as outlined in Section 4.5 and that all WREGIS Certificates associated with the Product accrue to Buyer and will satisfy the requirements of the California Renewables Portfolio Standard. 1.19. Resource Adequacy Benefits. 1.19.1. During the Delivery Term, Seller grants, pledges, assigns and otherwise commits to Buyer all of the Contract Capacity, including Capacity Attributes, if any, from the Project to enable Buyer to meet its Resource Adequacy or successor program requirements, as the CAISO or other regional entity may prescribe (“Resource Adequacy Requirements”). 1.19.2. Seller shall cooperate in good faith with and comply with reasonable requests of Buyer to enable Buyer to maximize anyResource Adequacy Benefits attributable to the Facility or any credits that reduce the Resource Adequacy Requirements of the Buyer. 1.20. Eligible Renewable Energy Resource. Seller shall take all actions necessary to achieve and maintain status as an Eligible Renewable Energy Resource (“ERR”) throughout the Delivery Term. Within thirty (30) days after the Commercial Operation Date, Seller shall file an application or other appropriate request with the CEC for CEC Page 168 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2021-00175 – CITY OF RANCHO CUCAMONGA January 5, 2022 Page 11 Certification for the Facility. Seller shall expeditiously seek CEC Certification, including promptly responding to any requests for information from the requesting authority. ARTICLE FIVE. REPRESENTATION AND WARRANTIES; COVENANTS 1.21. Representations and Warranties. On the Execution Date, each Party represents and warrants to the other Party that: 1.21.1. it is duly organized, validly existing and in good standing under the Laws of the jurisdiction of its formation; 1.21.2. the execution, delivery and performance of this Agreement are within its powers, have been duly authorized by all necessary action and do not violate any of the terms and conditions in its governing documents, any contracts to which it is a party or any Laws; 1.21.3. this Agreement and each other document executed and delivered in accordance with this Agreement constitutes a legally valid and binding obligation enforceable against it in accordance with its terms; 1.21.4. it is not Bankrupt and there are no proceedings pending or being contemplated by it or, to its knowledge, threatened against it which would result in it being or becoming Bankrupt; and 1.21.5. there is not pending or, to its knowledge, threatened against it or any of its Affiliates any legal proceedings that could materially adversely affect its ability to perform its obligations under this Agreement. 1.22. General Covenants. Each Party covenants that throughout the Term of this Agreement: 1.22.1. it shall continue to be duly organized, validly existing and in good standing under the Laws of the jurisdiction of its formation; 1.22.2. it shall maintain (or obtain from time to time as required, including through renewal, as applicable) all regulatory authorizations necessary for it to legally perform its obligations under this Agreement; and 1.22.3. it shall perform its obligations under this Agreement in a manner that does not violate any of the terms and conditions in its governing documents, any contracts to which it is a party, or any Law. 1.23. Seller’s Representations, Warranties and Covenants. In addition to the representations, warranties and covenants specified in Sections 5.1 and 5.2, Seller Page 169 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2021-00175 – CITY OF RANCHO CUCAMONGA January 5, 2022 Page 12 makes the following additional representations, warranties and covenants to Buyer, as of the Execution Date: 1.23.1. Seller has met all applicable legal and regulatory requirements to sell wholesale electricity in California; 1.23.2. Seller, and, if applicable, its successors, represents and warrants that throughout the Delivery Term of this Agreement that: (i) the Project qualifies and is certified by the CEC as an ERR as such term is defined in Public Utilities Code Section 399.12 or Section 399.16; and (ii) the Project’s output delivered to Buyer qualifies under the requirements of the California Renewables Portfolio Standard. To the extent a change in law occurs after execution of this Agreement that causes this representation and warranty to be materially false or misleading, it shall not be an Event of Default if Seller has used commercially reasonable efforts to comply with such change in law; 1.23.3. Seller and, if applicable, its successors, represents and warrants that throughout the Delivery Term of this Agreement the Renewable Energy Credits transferred to Buyer conform to the definition and attributes required for compliance with the California Renewables Portfolio Standard, as set forth in the California Energy Commission’s Enforcement Procedures for the Renewables Portfolio Standard for Local Publicly Owned Electric Utilities adopted on December 22, 2020, and as may be modified by subsequent decision of the California Energy Commission or by subsequent legislation. To the extent a change in law occurs after execution of this Agreement that causes this representation and warranty to be materially false or misleading, it shall not be an Event of Default if Seller has used commercially reasonable efforts to comply with such change in law; 1.23.4. Throughout the Delivery Term, Seller shall: (a) own and operate the Facility; (b) deliver the Product to Buyer free and clear of all liens, security interests, claims, and encumbrances or any interest therein or thereto by any individual or entity; and (c) hold the rights to all of the Product; 1.23.5. Seller is acting for its own account, has made its own independent decision to enter into this Agreement and as to whether this Agreement is appropriate or proper for it based upon its own judgment, is not relying upon the advice or recommendations of the Buyer in so doing, and is capable of assessing the merits of, and understands and accepts, the terms, conditions and risks of this Agreement; 1.23.6. Throughout the Delivery Term: (a) Seller shall not convey, transfer, allocate, designate, award, report or otherwise provide any or all of the Product, or any portion thereof, or any benefits derived therefrom, to any party other than Buyer; and (b) Seller shall not start-up or operate the Facility per instruction of or for the benefit of any third party, except as required by other Laws; Page 170 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2021-00175 – CITY OF RANCHO CUCAMONGA January 5, 2022 Page 13 1.23.7. The construction of the Facility shall comply with all Laws, including applicable state and local laws, building standards, and interconnection requirements; 1.23.8. No other person or entity, including any other generating facility, has any rights in connection with Seller’s Interconnection Agreement or Seller’s Interconnection Facilities and no other persons or entities shall have any such rights during the Term; 1.23.9. During the Delivery Term, Seller shall not allow any other person or entity, including any other generating facility, to use Seller’s Interconnection Facilities; and 1.23.10. All representations made by Seller in its Industrial Zoning District Renewable PPA Application are true and correct. 1.23.11. Pursuant to the requirements of Section 17.76.020 of Chapter 17.76 of (Alternative Energy Systems and Facilities) of Article IV (Site Development Provisions) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code, the Contract Capacity, during the applicable phase, is sufficient to meet the annualized customer load. ARTICLE SIX. GENERAL CONDITIONS 1.24. Interconnection Requirements. During the Delivery Term, Seller shall comply with all contractual, metering, and applicable interconnection requirements, including those set forth in the RCMU Electric Service Rule 22,, Transmission/Distribution Owner’s applicable tariffs, the CAISO Tariff and implementing CAISO standards and requirements, and all Laws so as to be able to deliver Energy to the Delivery Point. Seller shall provide and maintain during the Delivery Term, at its cost, all data processing gateways or remote intelligence gateways, telemetering equipment and data acquisition services, and associated measuring and recording equipment necessary to meet all applicable WREGIS and RCMU requirements applicable to the Facility during the Delivery Term. 1.25. Metering Requirements. 1.25.1. All Energy from the Project must be delivered through a single revenue quality meter and that meter must be dedicated exclusively to the Project. All Delivered Energy purchased under this Agreement must be measured by the Project’s revenue quality meter(s) to be eligible for payment under this Agreement. Seller shall bear all costs relating to all metering equipment installed to accommodate the Project. 1.25.2. Buyer may, at its sole cost, furnish and install one Check Meter at the interconnection associated with the Facility at a location provided by Seller that is compliant with Buyer’s electric service requirements. The Check Meter may be interconnected with Buyer’s communication network, or the communication Page 171 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2021-00175 – CITY OF RANCHO CUCAMONGA January 5, 2022 Page 14 network of Buyer’s Agent, to permit periodic, remote collection of revenue quality meter data. In the event that Buyer elects to install a Check Meter, Buyer may compare the Check Meter data to the Facility’s revenue meter data. If the deviation between the Facility’s revenue meter data and the Check Meter data for any comparison is greater than 0.3%, Buyer may provide Notice to Seller of such deviation and the Parties shall mutually arrange for a meter check or recertification of the Check Meter or the Facility’s revenue meter, as applicable. Each Party shall bear its own costs for any meter check or recertification. Testing procedures and standards for the Check Meter shall be the same as for a comparable Buyer-owned meter. Parties shall have the right to have representatives present during all such tests. The Check Meter, if Buyer elects to install a Check Meter, is intended to be used for back-up purposes in the event of a failure or other malfunction of the Facility’s revenue meter, and Check Meter data shall only be used to validate the Facility’s revenue meter data and, in the event of a failure or other malfunction of the Facility’s revenue meter, in place of the Facility’s revenue meter until such time that the Facility’s revenue meter is recertified. 1.26. Meter Data. Seller hereby agrees to provide all meter data to Buyer in a form acceptable to Buyer, including any inspection, testing and calibration data and reports. Seller shall grant Buyer and Buyer’s agent the right to retrieve the meter readings from Seller or Seller’s meter reading agent. 1.27. Standard of Care. Seller shall: (a) maintain and operate the Facility and Interconnection Facilities in conformance with RCMU Rule 22, all Laws, and Prudent Electrical Practices; (b) obtain any governmental authorizations and permits required for the construction and operation of the Facility and Interconnection Facilities; and (c) generate, schedule and perform transmission services in compliance with all applicable RCMU rulesand Prudent Electrical Practices. Seller shall reimburse Buyer for any and all losses, damages, claims, penalties, or liability Buyer incurs as a result of Seller’s failure to obtain or maintain any governmental authorizations and permits required for construction and operation of the Facility throughout the Term of this Agreement. 1.28. Access Rights. 1.28.1. Operations Logs. Seller shall maintain a complete and accurate log of all material operations and maintenance information on a daily basis. Such log shall include, but not be limited to, information on power production, fuel consumption (if applicable), efficiency, availability, maintenance performed, outages, results of inspections, manufacturer recommended services, replacements, electrical characteristics of the generators, control settings or adjustments of equipment and protective devices. Seller shall provide this information electronically to Buyer within twenty (20) days of Buyer’s request. Page 172 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2021-00175 – CITY OF RANCHO CUCAMONGA January 5, 2022 Page 15 1.28.2. Access Rights. Buyer, its authorized agents, employees and inspectors may, on reasonable advance notice under the circumstances, visit the Project during normal business hours for purposes reasonably connected with this Agreement. Buyer, its authorized agents, employees and inspectors must (a) at all times adhere to all safety and security procedures as may be required by Seller; and (b) not interfere with the operation of the Project. Buyer shall make reasonable efforts to coordinate its emergency activities with the safety and security departments, if any, of the Project operator. Seller shall keep Buyer advised of current procedures for contacting the Project operator’s safety and security departments, if any exist. 1.29. Protection of Property. Seller shall be solely responsible for protecting its own facilities from possible damage resulting from electrical disturbances or faults caused by the operation, faulty operation, or non-operation of the Transmission/Distribution Owner's facilities. Buyer shall not be liable for any such damages so caused. 1.30. Forecasting. Seller shall comply with the forecasting in Appendix C. 1.31. Greenhouse Gas Emissions. Seller acknowledges that a Governmental Authority may require Buyer to take certain actions with respect to greenhouse gas emissions attributable to the generation of Energy, including, but not limited to, reporting, registering, tracking, allocating for or accounting for such emissions. Promptly following Buyer’s written request, Seller agrees to take all commercially reasonable actions and execute or provide any and all documents, information, or instruments with respect to generation by the Facility reasonably necessary to permit Buyer to comply with such requirements, if any. 1.32. Reporting and Record Retention. 1.32.1. Seller shall use commercially reasonable efforts to meet the Milestone Schedule set forth in Appendix E and avoid or minimize any delays in meeting such schedule. Seller shall provide Project development status reports in a format and a frequency, which shall not exceed one (1) report per month, specified by the Buyer. The report shall describe Seller’s progress relative to the development, construction, and startup of the Facility, as well as a Notice of any anticipated change to the Commercial Operation Date and whether Seller is on schedule to meet the Commercial Operation Date. 1.32.2. Seller shall within ten (10) Business Days of receipt thereof provide to Buyer copies of any Interconnection Agreement and all other material reports, studies and analyses furnished by any Transmission/Distribution Owner, and any correspondence with the Transmission/Distribution Owner related thereto, concerning the interconnection of the Facility to the Transmission/Distribution Owner’s electric system or the transmission of Energy on the Transmission/Distribution Owners’ electric system. Page 173 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2021-00175 – CITY OF RANCHO CUCAMONGA January 5, 2022 Page 16 1.32.3. Seller shall provide to Buyer on the Commercial Operation Date, and within thirty (30) days after the completion of each Contract Year thereafter during the Delivery Term, a copy of any inspection and maintenance report regarding the Facility that was also provided to the Transmission/Distribution Owner during the previous Contract Year. 1.33. Tax Withholding Documentation. Upon Buyer’s request, Seller shall promptly provide to Buyer Internal Revenue Service tax Form W-9 and California tax Form 590 (or their equivalent), completed with Seller’s information, and any other documentation necessary for Buyer to comply with its tax reporting or withholding obligations with respect to Seller. 1.34. Modifications to Facility. During the Delivery Term, Seller shall not repower or materially modify or alter the Facility without the written consent of Buyer. Material modifications or alterations include, but are not limited to, (a) movement of the Site, (b) changes that may increase or decrease the expected output of the Facility other than as allowed under Section 3.2, (c) changes that may affect the generation profile of the Facility, (d) changes that may affect the ability to accurately measure the output of Product from the Facility and (e) changes that conflict with elections, information, or requirements specified elsewhere in this Agreement. Material modifications or alterations do not include maintenance and repairs performed in accordance with Prudent Electrical Practices. Seller shall provide to Buyer Notice not less than ninety (90) days before any proposed repowering, modification, or alteration occurs describing the repowering, modification, or alteration to Buyer’s reasonable satisfaction. 1.35. No Additional Incentives. Seller agrees that during the Term of this Agreement it shall not seek additional compensation or other benefits pursuant to the Self-Generation Incentive Program, as defined in CPUC Decision 01-03-073, the California Solar Initiative, as defined in CPUC Decision 06-01-024, Buyer’s net energy metering tariff, or other similar California ratepayer subsidized program relating to energy production with respect to the Facility. 1.36. Site Control. Seller shall have Site Control as of the earlier of: (a) the Commercial Operation Date; or (b) any date before the Commercial Operation Date to the extent necessary for the Seller to perform its obligations under this Agreement and, in each case, Seller shall maintain Site Control throughout the Delivery Term. Seller shall promptly provide Buyer with Notice if there is any change in the status of Seller’s Site Control. ARTICLE SEVEN. INDEMNITY 1.37. Seller shall indemnify, defend, and hold harmless Buyer and its directors, officers, officials, and employees against and from any and all loss, liability, damage, expense, Page 174 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2021-00175 – CITY OF RANCHO CUCAMONGA January 5, 2022 Page 17 and costs (including without limitation costs and fees of litigation and reasonable attorneys’ fees) of every nature resulting from or arising out of Seller’s performance of its obligations under this Agreement, or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of Buyer. 1.38. Buyer shall not be responsible for any cost of decommissioning or demolition of the Facility or any environmental or other liability associated with the decommissioning or demolition of the Facility without regard to the timing or cause of the decommissioning or demolition. Seller agrees to indemnify, defend, and hold harmless, Buyer for any costs incurred by Buyer if and to the extent that Seller’s actions or inactions causes any or all of them to become required, whether statutorily or otherwise, to bear the cost of any decommissioning or demolition of the Facility or any environmental or other liability associated therewith, including, but not limited to, any investigations, actions, suits, claims, demands, losses, liabilities, penalties, and expenses (including reasonable attorneys’ fees) associated with clean-up costs and defense costs. The indemnity requirements set forth in this Section shall survive the termination of this Agreement. ARTICLE EIGHT. LIMITATION OF DAMAGES EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT THERE IS NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL IMPLIED WARRANTIES ARE DISCLAIMED. LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED UNLESS EXPRESSLY HEREIN PROVIDED. NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE. UNLESS EXPRESSLY HEREIN PROVIDED, AND SUBJECT TO THE PROVISIONS OF SECTION 7 (INDEMNITY), IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVE. ARTICLE NINE. INSURANCE 1.39. Insurance Coverage. Seller shall, at its own expense, starting on the Execution Date and until the end of the Term, and for such additional periods as may be specified below, provide and maintain in effect the following insurance policies and minimum limits of coverage as specified below, and such additional coverage as may be required Page 175 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2021-00175 – CITY OF RANCHO CUCAMONGA January 5, 2022 Page 18 by Law, with insurance companies authorized to do business in the state in which the services are to be performed, with an A.M. Best’s Insurance Rating of not less than A-:VII. 1.39.1. Commercial General Liability Insurance. Commercial general liability insurance, written on an occurrence, not claims-made basis, covering all operations by or on behalf of Seller arising out of or connected with this Agreement, including coverage for bodily injury, broad form property damage, personal and advertising injury, products/completed operations, contractual liability, premises-operations, owners and contractors protective, hazard, explosion, collapse and underground. Such insurance must bear a combined single limit per occurrence and annual aggregate of not less than five million dollars ($5,000,000.00), exclusive of defense costs, for all coverages. Such insurance must contain standard cross-liability and severability of interest provisions. The Seller shall name the Buyer, its officers, officials, employees, and volunteers as additional insureds on the completed operations policy. The completed operations policy shall be as broad as one of the following ISO forms CG 20 37, 2039, or CG 20 40. Completed operations coverage must be maintained for a period of not less than four (4) years after this Agreement terminates. If Seller elects, with Buyer’s written concurrence, to use a “claims made” form of commercial general liability insurance, then the following additional requirements apply: (a) the retroactive date of the policy must be prior to the Execution Date; and (b) either the coverage must be maintained for a period of not less than four (4) years after this Agreement terminates, or the policy must provide for a supplemental extended reporting period of not less than four (4) years after this Agreement terminates. Governmental agencies which have an established record of self-insurance may provide the required coverage through self-insurance. 1.39.2. Workers’ Compensation Insurance. Workers’ compensation insurance with statutory limits, as required by the state having jurisdiction over Seller’s employees, and employer’s liability insurance with limits of not less than: (a) bodily injury by accident - one million dollars ($1,000,000.00) each accident; (b) bodily injury by disease - one million dollars ($1,000,000.00) policy limit; and (c) bodily injury by disease - one million dollars ($1,000,000.00) each employee. 1.39.3. Commercial Automobile Liability Insurance. Commercial automobile liability insurance covering bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000.00) per occurrence. Such insurance must cover liability arising out of Seller’s use of all owned, non-owned and hired automobiles in the performance of the Agreement. 1.39.4. Umbrella/excess liability Insurance. Umbrella/excess liability insurance, written on an occurrence, not claims-made basis, providing coverage excess of the underlying employer’s liability, commercial general liability, and commercial automobile liability insurance, on terms at least as broad as the underlying coverage, Page 176 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2021-00175 – CITY OF RANCHO CUCAMONGA January 5, 2022 Page 19 with limits of not less than four million dollars ($4,000,000.00) per occurrence and in the annual aggregate. 1.39.5. Pollution Liability Insurance. If the scope of work involves areas of known pollutants or contaminants, pollution liability coverage will be required to cover bodily injury, property damage, including clean-up costs and defense costs resulting from sudden, and accidental conditions, including the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, hydrocarbons, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any water course or body of water shall be maintained. The limit will not be less than one million dollars ($1,000,000.00) per occurrence or claim, and $2,000,000 policy aggregate for bodily injury and property damage. The policy will endorse RCMU as additional insured. If the contractor maintains broader coverage and/or higher limits than the minimums shown above for all policies, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 1.40. Additional Insurance Provisions. 1.40.1. On or before the later of (a) sixty (60) days after the Execution Date and (b) the date immediately preceding commencement of construction of the Facility, and again within a reasonable time after coverage is renewed or replaced, Seller shall furnish to Buyer certificates of insurance evidencing the coverage required above, written on forms and with deductibles reasonably acceptable to Buyer. Notwithstanding the foregoing sentence, Seller shall in no event furnish Buyer certificates of insurance evidencing required coverage later than the Commercial Operation Date. All deductibles, co-insurance and self-insured retentions applicable to the insurance above must be paid by Seller. All certificates of insurance must note that the insurers issuing coverage must endeavor to provide Buyer with at least thirty (30) days’ prior written notice in the event of cancellation of coverage. Buyer’s receipt of certificates that do not comply with the requirements stated in this Section 9.2.1, or Seller’s failure to provide such certificates, do not limit or relieve Seller of the duties and responsibility of maintaining insurance in compliance with the requirements in this Section 9 and do not constitute a waiver of any of the requirements of Section 9. 1.40.2. Insurance coverage described above in Section 9.1 shall provide for thirty (30) days written Notice to Buyer prior to cancellation, termination, alteration, or material change of such insurance. Page 177 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2021-00175 – CITY OF RANCHO CUCAMONGA January 5, 2022 Page 20 1.40.3. Evidence of coverage described above in Section 9.1 shall state that coverage provided is primary and is not excess to or contributing with any insurance or self- insurance maintained by Buyer. 1.40.4. Buyer shall have the right to inspect or obtain a copy of the original policy(ies) of insurance. 1.40.5. All insurance certificates, endorsements, cancellations, terminations, alterations, and material changes of such insurance must be issued, clearly labeled with this Agreement’s identification number and submitted in accordance with Section 10 and Appendix F. 1.40.6. The insurance requirements set forth in Section 9.1 shall apply as primary insurance to, without a right of contribution from, any other insurance maintained by or afforded to Buyer, its subsidiaries and Affiliates, and their respective officers, directors, shareholders, agents, and employees, regardless of any conflicting provision in Seller's policies to the contrary. To the extent permitted by Law, Seller and its insurers shall be required to waive all rights of recovery from or subrogation against Buyer, its subsidiaries and Affiliates, and their respective officers, directors, shareholders, agents, employees and insurers. The commercial general liability insurance required in Section 9.1.1 and the umbrella/excess liability insurance required in Section 9.1.4 must name Buyer, its subsidiaries and Affiliates, and their respective officers, directors, shareholders, agents and employees, as additional insureds for liability arising out of Seller’s construction, use or ownership of the Facility. The Worker’s Compensation policy shall be endorsed with a waiver of subrogation in favor of the Buyer for all work performed by the Seller, its employees, agents and subcontractors. 1.40.7. Seller shall remain liable for all acts, omissions or default of any subcontractor or subsupplier and shall indemnify, defend and hold harmless Buyer for any and all loss or damages, as well as all costs, charges and expenses which Buyer may suffer, incur, or bear as a result of any acts, omissions or default by or on behalf of any subcontractor or subsupplier. 1.40.8. If Seller fails to comply with any of the provisions of this Section 9, Seller, among other things and without restricting Buyer’s remedies under Law or otherwise, shall, at its own cost, act as an insurer and provide insurance in accordance with the terms and conditions of this Section 9. With respect to the required commercial general liability insurance set forth in Section 9.1.1, umbrella/excess liability insurance set forth in Section 9.1.4, commercial automobile liability insurance set forth in Section 9.1.3, and pollution liability insurance set forth in Section 9.1.5 Seller shall provide a current, full and complete defense to Buyer, its subsidiaries and Affiliates, and their respective officers, directors, shareholders, agents, employees, assigns, and successors in interest, in response to a third party claim in the same manner that an insurer with an A.M. Page 178 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2021-00175 – CITY OF RANCHO CUCAMONGA January 5, 2022 Page 21 Best’s Insurance Rating of A-:VII would have, had the insurance been maintained in accordance with the terms and conditions set forth in this Section 9 and given the required additional insured wording in the commercial general liability insurance and umbrella/excess liability insurance, and standard “Who is an Insured” provision in commercial automobile liability form. ARTICLE TEN. NOTICES Notices (other than forecasts and scheduling requests) shall, unless otherwise specified herein, be in writing and may be delivered by hand delivery, United States mail, overnight courier service, facsimile, or electronic messaging (e-mail). A notice sent by facsimile transmission or e-mail will be recognized and shall be deemed received on the Business Day on which such notice was transmitted if received before 5 p.m. Pacific prevailing time (and if received after 5 p.m., on the next Business Day) and a notice by overnight mail or courier shall be deemed to have been received on the next Business Day after such Notice is sent or such earlier time as is confirmed by the receiving Party unless it confirms a prior oral communication, in which case any such notice shall be deemed received on the day sent. A Party may change its addresses by providing notice of same in accordance with this provision. All Notices, requests, invoices, statements or payments for this Facility must reference this Agreements identification number. Notices shall be provided as indicated in Appendix F. ARTICLE ELEVEN. FORCE MAJEURE 1.41. No Default for Force Majeure. Neither Party shall be in default in the performance of any of its obligations set forth in this Agreement when and to the extent failure of performance is caused by Force Majeure. 1.42. Requirements Applicable to Claiming Party. If a Party, because of Force Majeure, is rendered wholly or partly unable to perform its obligations when due under this Agreement, such Party (the “Claiming Party”) shall be excused from whatever performance is affected by the Force Majeure to the extent so affected. In order to be excused from its performance obligations under this Agreement by reason of Force Majeure: 1.42.1. The Claiming Party, on or before the fourteenth (14th) day after the initial occurrence of the claimed Force Majeure, must give the other Party Notice describing the particulars of the occurrence; and 1.42.2. The Claiming Party must provide timely evidence reasonably sufficient to establish that the occurrence constitutes Force Majeure as defined in this Agreement. 1.43. Limitations. The suspension of the Claiming Party’s performance due to Force Majeure may not be greater in scope or longer in duration than is required by such Force Majeure. In addition, the Claiming Party shall use diligent efforts to remedy its Page 179 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2021-00175 – CITY OF RANCHO CUCAMONGA January 5, 2022 Page 22 inability to perform. When the Claiming Party is able to resume performance of its obligations under this Agreement, the Claiming Party shall give the other Party prompt Notice to that effect. 1.44. Termination. Either Party may terminate this Agreement on at least five (5) Business Days’ prior Notice, in the event of Force Majeure which materially interferes with such Party’s ability to perform its obligations under this Agreement and which (a) extends for more than 365 consecutive days, (b) extends for more than a total of 365 days in any consecutive 540-day period, or (c) is consistent with Section 2.6.2.3. ARTICLE TWELVE. EVENTS OF DEFAULT AND TERMINATION 1.45. Termination. Unless terminated earlier pursuant to Section 11.4 or this Section 12, this Agreement automatically terminates immediately following the last day of the Delivery Term. 1.46. Events of Default. An “Event of Default” means, with respect to a Party, the occurrence of any of the following: 1.46.1. With respect to either Party: 1.46.1.1. A Party becomes Bankrupt; 1.46.1.2. Except for an obligation to make payment when due, if there is a failure of a Party to perform any material covenant or obligation set forth in this Agreement (except to the extent such failure provides a separate termination right for the non-breaching Party or to the extent excused by Force Majeure), if such failure is not remedied within thirty (30) days after Notice thereof from the non-breaching Party to the breaching Party; 1.46.1.3. A Party fails to make any payment due and owing under this Agreement, if such failure is not cured within ten (10) Business Days after Notice from the non-breaching Party to the breaching Party; or 1.46.1.4. Any representation or warranty made by a Party (a) is false or misleading in any material respect when made or (b) becomes false or misleading in any material respect during the Term. 1.46.2. With respect to Seller: 1.46.2.1. Seller fails to take all corrective actions specified in any Buyer Notice, within the time frame set forth in such Notice, that the Facility is out of compliance with any term of this Agreement; provided that if such corrective action falls under a specific termination right under Section 12.2.2, then the time frame, if any, set forth for such right shall apply; Page 180 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2021-00175 – CITY OF RANCHO CUCAMONGA January 5, 2022 Page 23 1.46.2.2. The Facility has not achieved Commercial Operation by the expected Commercial Operation Date specified in Section 2.6.1 and Seller has not elected to pay daily delay damages pursuant to Section 2.6.4; 1.46.2.3. Subject to Section 11, Seller delivers less than eighty percent (80%) of the applicable Contract Quantity from the Facility to Buyer for a period of two (2) consecutive Contract Years; 1.46.2.4. Seller fails to maintain its status as an ERR as set forth in Section 4.5 of the Agreement; 1.46.2.5. Seller abandons the Facility; 1.46.2.6. Seller installs generating equipment at the Facility that exceeds the Contract Capacity and such excess generating capacity is not removed within five (5) Business Days after Notice from Buyer; 1.46.2.7. Seller delivers or attempts to deliver to the Delivery Point for sale under this Agreement product that was not generated by the Facility; 1.46.2.8. Seller fails to install any of the equipment or devices necessary for the Facility to satisfy the Contract Capacity set forth in Section 3.1; 1.46.2.9. An unauthorized assignment of the Agreement, as set forth in Section 15; 1.46.2.10. Seller fails to reimburse Buyer any amounts due under this Agreement; 1.46.2.11. Seller breaches the requirements in Section 6.12 regarding incentives; or 1.46.2.12. Seller fails to maintain the Collateral Requirement set forth in Section 3.9. 1.46.2.13. The annualized customer load associated with the Facility pursuant to Section 17.76.020 of Chapter 17.76 of (Alternative Energy Systems and Facilities) of Article IV (Site Development Provisions) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code is less than fifty percent (50%) of the Contract Quantity, as measured over a Contract Year. 1.47. Declaration of an Event of Default. If an Event of Default has occurred, the non- defaulting Party shall have the right to: (a) send Notice, designating a day, no earlier Page 181 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2021-00175 – CITY OF RANCHO CUCAMONGA January 5, 2022 Page 24 than five (5) days after such Notice and no later than twenty (20) days after such Notice, as an early termination date of this Agreement (“Early Termination Date”); (b) accelerate all amounts owing between the Parties; (c) terminate this Agreement and end the Delivery Term effective as of the Early Termination Date; (d) collect any Settlement Amount under Section 12.5; and (e) if the defaulting party is the Seller and Buyer terminates the Agreement prior to the start of the Commercial Operation Date, Buyer shall have the right to retain the entire Reservation Deposit. 1.48. Suspension of Performance. If an Event of Default shall have occurred, the non- defaulting Party has the right to immediately suspend performance under this Agreement and pursue all remedies available at Law or in equity against the defaulting Party (including monetary damages), except to the extent that such remedies are limited by the terms of this Agreement. 1.49. Calculation of Settlement Amount. 1.49.1. If either Party exercises a termination right under Section 12.3 after the Commercial Operation Date, the non-defaulting Party shall calculate a settlement amount (“Settlement Amount”) equal to the amount of the non-defaulting Party’s aggregate Losses and Costs less any Gains, determined as of the Early Termination Date. Prior to the Commercial Operation Date, the Settlement Amount shall be Zero dollars ($0). 1.49.2. If the non-defaulting Party’s aggregate Gains exceed its aggregate Losses and Costs, if any, determined as of the Early Termination Date, the Settlement Amount shall be Zero dollars ($0). 1.49.3. The Buyer shall not have to enter into replacement transactions to establish a Settlement Amount. 1.49.4. Buyer shall have the right to draw upon the Collateral Requirement to collect any Settlement Amount owed to Buyer. 1.50. Rights and Remedies Are Cumulative. The rights and remedies of the Parties pursuant to this Section 12 shall be cumulative and in addition to the rights of the Parties otherwise provided in this Agreement. 1.51. Duty to Mitigate. Buyer and Seller shall each have a duty to mitigate damages pursuant to this Agreement, and each shall use reasonable efforts to minimize any damages it may incur as a result of the other Party’s non-performance of this Agreement, including with respect to termination of this Agreement. Page 182 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2021-00175 – CITY OF RANCHO CUCAMONGA January 5, 2022 Page 25 ARTICLE THIRTEEN. GOVERNMENTAL CHARGES 1.52. Governmental Charges. Seller shall pay or cause to be paid all taxes imposed by any Governmental Authority (“Governmental Charges”) on or with respect to the Product or the Transaction arising at the Delivery Point, including, but not limited to, ad valorem taxes and other taxes attributable to the Project, land, land rights or interests in land for the Project. Buyer shall pay or cause to be paid all Governmental Charges on or with respect to the Product or the Transaction from the Delivery Point. In the event Seller is required by Law or regulation to remit or pay Governmental Charges which are Buyer’s responsibility hereunder, Buyer shall reimburse Seller for such Governmental Charges within thirty (30) days of Notice by Seller. If Buyer is required by Law or regulation to remit or pay Governmental Charges which are Seller’s responsibility hereunder, Buyer may deduct such amounts from payments to Seller with respect to payments under the Agreement; if Buyer elects not to deduct such amounts from Seller’s payments, Seller shall reimburse Buyer for such amounts within thirty (30) days of Notice from Buyer. Nothing shall obligate or cause a Party to pay or be liable to pay any Governmental Charges for which it is exempt under the Law. A Party that is exempt at any time and for any reason from one or more Governmental Charges bears the risk that such exemption shall be lost or the benefit of such exemption reduced; and thus, in the event a Party’s exemption is lost or reduced, each Party’s responsibility with respect to such Governmental Charge shall be in accordance with the first four sentences of this Section. ARTICLE FOURTEEN. RELEASE OF INFORMATION AND RECORDING CONVERSATION 1.53. Release of Information. Seller authorizes Buyer to release to the FERC, CEC, CAISO, CPUC, other Governmental Authority, and/or media outlet information regarding the Facility, including the Seller’s name and location, and the size, location and operational characteristics of the Facility, the Term, the ERR type, photographs of the project, the Commercial Operation Date, greenhouse gas emissions data, and the net power rating of the Facility, as requested from time to time pursuant to the CEC’s, CPUC’s or applicable Governmental Authority’s rules and regulations. 1.54. Public Announcements. Seller shall make no public announcement regarding any aspect of this Agreement or the role of Seller in regards to the development or operation of the Project without the prior written consent of Buyer, which consent shall not be unreasonably withheld. Any public announcement by Seller must comply with California Business and Professions Code § 17580.5 and with the Guides for the Use of Environmental Marketing Claims, published by the Federal Trade Commission, as it may be updated from time to time. Page 183 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2021-00175 – CITY OF RANCHO CUCAMONGA January 5, 2022 Page 26 ARTICLE FIFTEEN. ASSIGNMENT 1.55. General Assignment. Except as provided in Sections 15.2 and 15.3, Seller may not assign this Agreement or its rights hereunder without the prior written consent of the Buyer, which consent shall not be unreasonably withheld or delayed so long as among other things (a) the assignee assumes the Seller’s payment and performance obligations under this Agreement, (b) the assignee agrees in writing to be bound by the terms and conditions hereof, (c) Seller delivers evidence satisfactory to Buyer of the proposed assignee’s technical and financial capability to meet or exceed Seller’s obligations hereunder and (d) the Seller delivers such tax and enforceability assurance as Buyer may reasonably request. 1.56. Assignment to Financing Providers. Seller may assign this Agreement as collateral for any financing or refinancing of the Project (including any tax equity or lease financing) with the prior written consent of the Buyer, which consent shall not be unreasonably withheld or delayed. The Parties agree that, the consent provided to Buyer in accordance with this Section 15.2 shall be in a form substantially similar to the Form of Financing Consent attached hereto as Appendix H; provided that (a) Buyer shall not be required to consent to any additional terms or conditions beyond those contained in Appendix H, including extension of any cure periods or additional remedies for financing providers, and (b) Seller shall be responsible at Buyer’s request for Buyer’s reasonable costs and attorneys’ fees associated with the review, negotiation, execution and delivery of documents in connection with such assignment. 1.57. Notice of Change in Control. Except in connection with public market transactions of the equity interests or capital stock of Seller or Seller’s Affiliates, Seller shall provide Buyer notice of any direct change of control of Seller (whether voluntary or by operation of Law). ARTICLE SIXTEEN. GOVERNING LAW This agreement and the rights and duties of the parties hereunder shall be governed by and construed, enforced, and performed in accordance with the laws of the State of California, without regard to principles of conflicts of law. To the extent enforceable at such time, each party waives its respective right to any jury trial with respect to any litigation arising under or in connection with this agreement. ARTICLE SEVENTEEN. DISPUTE RESOLUTION 1.58. Intent of the Parties. The sole procedure to resolve any claim arising out of or relating to this Agreement is the dispute resolution procedure set forth in this Section 17, except that either Party may seek an injunction in Superior Court in San Bernardino County, California if such action is necessary to prevent irreparable harm, in which case both Parties nonetheless will continue to pursue resolution of all other aspects of the dispute by means of this procedure. Page 184 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2021-00175 – CITY OF RANCHO CUCAMONGA January 5, 2022 Page 27 1.59. Management Negotiations. 1.59.1. The Parties will attempt in good faith to resolve any controversy or claim arising out of or relating to this Agreement by prompt negotiations between each Party’s authorized representative, or such other person designated in writing as a representative of the Party (each a “Manager”). Either Manager may request a meeting, to be held in person or telephonically, to initiate negotiations to be held within ten (10) Business Days of the other Party’s receipt of such request, at a mutually agreed time and place. 1.59.2. All communication and writing exchanged between the Parties in connection with these negotiations shall be deemed inadmissible as evidence such that it cannot be used or referred to in any subsequent judicial or arbitration process between the Parties, whether with respect to this dispute or any other. 1.59.3. If the matter is not resolved within forty-five (45) days of commencement of negotiations under Section 17.2.1, or if the Party receiving the written request to meet refuses or does not meet within the ten (10) Business Day period specified in Section 17.2.1, either Party may initiate arbitration of the controversy or claim according to the terms of Section 17.3. 1.60. Arbitration Initiation. If the dispute cannot be resolved by negotiation as set forth in Section 17.2 above, then the Parties shall resolve such controversy through arbitration (“Arbitration”). The Arbitration shall be adjudicated by one retired judge or justice from the JAMS panel. The Arbitration shall take place in San Bernardino County, California, and shall be administered by and in accordance with JAMS’ Commercial Arbitration Rules. If the Parties cannot mutually agree on the arbitrator who will adjudicate the dispute, then JAMS shall provide the Parties with an arbitrator pursuant to its then-applicable Commercial Arbitration Rules. The arbitrator shall have no affiliation with, financial or other interest in, or prior employment with either Party and shall be knowledgeable in the field of the dispute. Either Party may initiate Arbitration by filing with the JAMS a notice of intent to arbitrate at any time following the unsuccessful conclusion of the management negotiations provided for in Section 17.2. ARTICLE EIGHTEEN. MISCELLANEOUS 1.61. Severability. If any provision in this Agreement is determined to be invalid, void or unenforceable by any court having jurisdiction, such determination shall not invalidate, void, or make unenforceable any other provision, agreement or covenant of this Agreement. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. Page 185 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2021-00175 – CITY OF RANCHO CUCAMONGA January 5, 2022 Page 28 1.62. Counterparts. This Agreement may be executed in one or more counterparts each of which shall be deemed an original and all of which shall be deemed one and the same Agreement. Delivery of an executed counterpart of this Agreement by facsimile or PDF transmission will be deemed as effective as delivery of an originally executed counterpart. Each Party delivering an executed counterpart of this Agreement by facsimile or PDF transmission shall also deliver an originally executed counterpart, but the failure of any Party to deliver an originally executed counterpart of this Agreement shall not affect the validity or effectiveness of this Agreement. 1.63. General. No amendment to or modification of this Agreement shall be enforceable unless reduced to writing and executed by both Parties. This Agreement shall not impart any rights enforceable by any third party other than a permitted successor or assignee bound to this Agreement. Waiver by a Party of any default by the other Party shall not be construed as a waiver of any other default. The term “including” when used in this Agreement shall be by way of example only and shall not be considered in any way to be in limitation. The headings used herein are for convenience and reference purposes only. 1.64. Interpretation. Whenever this Agreement specifically refers to any Law, tariff, Governmental Authority, regional reliability council, Transmission/Distribution Owner, or credit rating agency, the Parties hereby agree that the references also refers to any successor to such Law, tariff or organization. 1.65. Construction. The Agreement will not be construed against any Party as a result of the preparation, substitution, or other event of negotiation, drafting or execution thereof. 1.66. Forward Contract. The Parties acknowledge and agree that this Agreement constitutes a “forward contract” within the meaning of the U.S. Bankruptcy Code, and Buyer and Seller are “forward contract merchants” within the meaning of the U.S. Bankruptcy Code. Each Party further agrees that, for all purposes of this Agreement, each Party waives and agrees not to assert the applicability of the provisions of 11 U.S.C. § 366 in any Bankruptcy proceeding wherein such Party is a debtor. In any such proceeding, each Party further waives the right to assert that the other Party is a provider of last resort to the extent such term relates to 11 U.S.C. §366 or another provision of 11 U.S.C. § 101-1532. 1.67. Change in Electric Market Design. If a change in the CAISO Tariff renders this Agreement or any provisions hereof incapable of being performed or administered, then any Party may request that Buyer and Seller enter into negotiations to make the minimum changes to this Agreement necessary to make this Agreement capable of being performed and administered, while attempting to preserve to the maximum extent possible the benefits, burdens, and obligations set forth in this Agreement as of the Execution Date. Upon delivery of such a request, Buyer and Seller shall engage in Page 186 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2021-00175 – CITY OF RANCHO CUCAMONGA January 5, 2022 Page 29 such negotiations in good faith. If Buyer and Seller are unable, within sixty (60) days after delivery of such request, to agree upon changes to this Agreement or to resolve issues relating to changes to this Agreement, then any Party may submit issues pertaining to changes to this Agreement to the dispute resolution process set forth in Article 17. Notwithstanding the foregoing, (i) a change in cost shall not in and of itself be deemed to render this Agreement or any of the provisions hereof incapable of being performed or administered, and (ii) all of the unaffected provisions of this Agreement shall remain in full force and effect during any period of such negotiation or dispute resolution. 1.68. Further Assurances. Each of the Parties hereto agrees to provide such information, execute and deliver any instruments and documents and to take such other actions as may be necessary or reasonably requested by the other Party which are not inconsistent with the provisions of this Agreement and which do not involve the assumptions of obligations other than those provided for in this Agreement, to give full effect to this Agreement and to carry out the intent of this Agreement. IN WITNESS WHEREOF, each Party has caused this Agreement to be duly executed by its authorized representative as of the date of last signature provided below. CITY OF RANCHO CUCAMONGA (Seller)(Buyer) (Signature)(Signature) (Type/Print Name)(Type/Print Name) (Title)(Title) (Date)(Date) Page 187 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2021-00175 – CITY OF RANCHO CUCAMONGA January 5, 2022 Page 30 Appendix A – Definitions “Affiliate” means, with respect to a Party, any entity that, directly or indirectly, through one or more intermediaries, controls, or is controlled by, or is under common control with that Party. “Arbitration" has the meaning set forth in Section 17. “As-Available Facility” means a generating facility that is powered by one of the following sources, except for a de minimis amount of Energy from other sources: (a) wind, (b) solar energy, (c) hydroelectric potential derived from small conduit water distribution facilities that do not have storage capability, or (d) other variable sources of energy that are contingent upon natural forces other than geothermal. “Available Capacity” means the rated alternating current (AC) generating capacity of the Facility, expressed in whole kilowatts, that is available to generate Product. “Bankrupt” means with respect to any entity, such entity: (a) Files a petition or otherwise commences, authorizes or acquiesces in the commencement of a proceeding or cause of action under any bankruptcy, insolvency, reorganization or similar law, or has any such petition filed or commenced against it; (b) Makes an assignment or any general arrangement for the benefit of creditors; (c) Otherwise becomes bankrupt or insolvent (however evidenced); (d) Has a liquidator, administrator, receiver, trustee, conservator or similar official appointed with respect to such entity or any substantial portion of its property or assets; or (e) Is generally unable to pay its debts as they fall due. “Baseload Facility” means a generating facility that does not qualify as an As-Available Facility. “Business Day” means any day except a Saturday, Sunday, a Federal Reserve Bank holiday, or the Friday following Thanksgiving during the hours of 8:00 a.m. and 5:00 p.m. local time for the relevant Party’s principal place of business where the relevant Party in each instance shall be the Party from whom the notice, payment or delivery is being sent. “CAISO” means the California Independent System Operator Corporation or any successor entity performing similar functions. “CAISO Grid” means the system of transmission lines and associated facilities that have been placed under the CAISO’s operational control. Page 188 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2021-00175 – CITY OF RANCHO CUCAMONGA January 5, 2022 Page 31 “CAISO Tariff” means the CAISO FERC Electric Tariff, Fifth Replacement Volume No. 1, as amended from time to time. “California Renewables Portfolio Standard” means the renewable energy program and policies codified in California Public Utilities Code Sections 399.11 through 399.33 and California Public Resources Code Sections 25740 through 25751, as such provisions may be amended or supplemented from time to time. “Capacity Attributes” means any current or future defined characteristic, certificate, tag, credit, or ancillary service attribute, whether general in nature or specific as to the location or any other attribute of the Project, intended to value any aspect of the capacity of the Project to produce Energy or ancillary services, including, but not limited to, any accounting construct so that the full Contract Capacity of the Project may be counted toward a Resource Adequacy Requirement or any other measure by the CPUC, the CAISO, the FERC, or any other entity invested with the authority under federal or state Law, to require Buyer to procure, or to procure at Buyer’s expense, Resource Adequacy Benefits or other such products. “CEC” means the California Energy Commission or its successor agency. “CEC Certification” means certification by the CEC that the Facility is an ERR and that all Energy produced by the Facility qualifies as generation from an ERR. “CEC Pre-Certification” means provisional certification of the proposed Facility as an ERR by the CEC upon submission by a facility of a complete application and required supplemental information. “Check Meter” means the Buyer revenue-quality meter section(s) or meter(s), which Buyer may require at its discretion, and which will include those devices normally supplied by Buyer or Seller under the applicable utility electric service requirements. “City Manager” means the City Manager of the City of Rancho Cucamonga. “Claiming Party” has the meaning set forth in Section 10.2. “Commercial Operation” means the Contract Capacity has been installed and the Facility is operating and able to produce and deliver the Product to Buyer pursuant to the terms of this Agreement. “Commercial Operation Date” means the date on which the Facility achieves Commercial Operation. “Contract Capacity” means the amount of electric energy generating capacity, set forth in Section 3.1, that Seller commits to install at the Site. “Contract Price” has the meaning set forth in Section 3.6. Page 189 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2021-00175 – CITY OF RANCHO CUCAMONGA January 5, 2022 Page 32 “Contract Quantity” has the meaning set forth in Section 3.2. “Contract Year” means a period of twelve (12) consecutive months with the first Contract Year commencing on the Commercial Operation Date and each subsequent Contract Year commencing on the anniversary of the Commercial Operation Date. “Costs” means (a) brokerage fees, commissions and other similar third-party transaction costs and expenses reasonably incurred either in terminating any arrangement pursuant to which it has hedged its obligations or in entering into new arrangements which replace the Transaction; and (b) all reasonable attorneys’ fees and expenses incurred in connection with the termination of the Transaction. “CPUC” means the California Public Utilities Commission, or successor entity. “Credit Rating” means, with respect to any entity, (a) the rating then assigned to such entity’s unsecured senior long-term debt obligations (not supported by third party credit enhancements), or (b) if such entity does not have a rating for its unsecured senior long-term debt obligations, then the rating assigned to such entity as an issuer rating by S&P and/or Moody’s. If the entity is rated by both S&P and Moody’s and such ratings are not equivalent, the lower of the two ratings shall determine the Credit Rating. If the entity is rated by either S&P or Moody’s, but not both, then the available rating shall determine the Credit Rating. “Current Inverters” means devices used to convert DC electric energy to alternating current electric energy. “Curtailment Order” means any instruction from Buyer to Seller to reduce the delivery of Energy from the Facility for any reason other than as set forth in Sections 3.6.3 (a) or (b). “DC” means direct current. “DC Collection System” means the DC equipment, cables, components, devices and materials that interconnect the Photovoltaic Modules with the Current Inverters. “Delivered Energy” means all Energy produced from the Facility and delivered by Seller to the Delivery Point, expressed in kWh, as recorded by the meter specified in Section 6.2.1 or the Check Meter, as applicable. “Delivery Point” has the meaning set forth in Section 2.5. “Delivery Term” has the meaning set forth in Section 3.5. “Early Termination Date” has the meaning set forth in Section 12.3. “Eligible Renewable Energy Resource” or “ERR” has the meaning set forth in Public Utilities Code Sections 399.12 or Section 399.16 and California Public Resources Code Section 25741, as these code provision may be amended or supplemented from time to time. Page 190 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2021-00175 – CITY OF RANCHO CUCAMONGA January 5, 2022 Page 33 “Emergency” means (a) an actual or imminent condition or situation which jeopardizes the integrity of the electric system or the integrity of any other systems to which the electric system is connected or any condition so defined and declared by the CAISO; or (b) an emergency condition as defined under an Interconnection Agreement and any abnormal interconnection or system condition that requires automatic or immediate manual action to prevent or limit loss of load or generation supply, that could adversely affect the reliability of the electric system or generation supply, that could adversely affect the reliability of any interconnected system, or that could otherwise pose a threat to public safety. “Energy” means three-phase, 60-cycle alternating current electric energy measured in kWh, net of Station Use. For purposes of the definition of “Green Attributes,” the word “energy” shall have the meaning set forth in this definition. “Execution Date” means the latest signature date found at the end of the Agreement. “Facility” has the meaning set forth in Section 2. The terms “Facility” or “Project” as used in this Agreement are interchangeable. “FERC” means the Federal Energy Regulatory Commission or any successor government agency. “Force Majeure” means an event or circumstance which prevents one Party from performing its obligations under the Agreement, which event or circumstance was not anticipated as of the Execution Date, which is not within the reasonable control of, or the result of the negligence of, the Claiming Party, and which, by the exercise of due diligence, the Claiming Party is unable to overcome or avoid or cause to be avoided, including war, riot, civil disturbance or disobedience, terrorism, sabotage, strike or labor dispute. Force Majeure does not include: (a) the lack of wind, sun, or other fuel source of an inherently intermittent nature; (b) reductions in generation from the Facility resulting from ordinary wear and tear, deferred maintenance or operator error; or (c) any delay in providing, or cancellation of, interconnection service by a Transmission/Distribution Owner or the CAISO, except to the extent such delay or cancellation is the result of a Force Majeure claimed by the Transmission/Distribution Owner or the CAISO. Force Majeure may include delays in performance or inability to perform or comply with the terms and conditions of this Agreement due to delays in obtaining necessary equipment, labor, or materials or other issues caused by or attributable to pandemics or epidemics, including the disease designated COVID-19 or the related virus designated SARS-CoV-2 or any mutations thereof (collectively, “COVID-19”), if the elements of Force Majeure defined in the first sentence hereof (other than the requirement that the event or circumstance was not anticipated as of the date the Agreement was agreed to) have been satisfied; provided, however, that the general existence of COVID-19 shall not be sufficient to prove the existence of a Force Majeure absent a showing of other facts and circumstances which in the aggregate establish that a Force Majeure as defined in the first sentence hereof (other than the requirement that the event or circumstance was not anticipated as of the date the Agreement was agreed to) has occurred. Page 191 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2021-00175 – CITY OF RANCHO CUCAMONGA January 5, 2022 Page 34 “Gains” means with respect to any Party, an amount equal to the present value of the economic benefit to it, if any (exclusive of Costs), resulting from the termination of the Transaction, determined in a commercially reasonable manner, subject to Section 12.5. Factors used in determining economic benefit may include, without limitation, reference to information either available to it internally or supplied by one or more third parties, including, without limitation, quotations (either firm or indicative) of relevant rates, prices, yields, yield curves, volatilities, spreads or other relevant market data in the relevant markets, market price referent, market prices for a comparable transaction, forward price curves based on economic analysis of the relevant markets, settlement prices for a comparable transaction at liquid trading platforms (e.g., NYMEX), all of which should be calculated for the remaining Delivery Term to determine the value of the Product. “Governmental Authority” means any federal, state, local or municipal government, governmental department, commission, board, bureau, agency, or instrumentality, or any judicial, regulatory or administrative body, having jurisdiction as to the matter in question. “Governmental Charges” has the meaning set forth in Section 13.1. “Green Attributes” means any and all credits, benefits, emissions reductions, offsets, and allowances, howsoever entitled, attributable to the generation from the Project, and its avoided emission of pollutants. Green Attributes include but are not limited to Renewable Energy Credits, as well as: (1) any avoided emission of pollutants to the air, soil or water such as sulfur oxides (SOx), nitrogen oxides (NOx), carbon monoxide (CO) and other pollutants; (2) any avoided emissions of carbon dioxide (CO2), methane (CH4), nitrous oxide, hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride and other greenhouse gases (GHGs) that have been determined by the United Nations Intergovernmental Panel on Climate Change, or otherwise by law, to contribute to the actual or potential threat of altering the Earth’s climate by trapping heat in the atmosphere; (3) the reporting rights to these avoided emissions, such as Green Tag Reporting Rights. Green Tag Reporting Rights are the right of a Green Tag Purchaser to report the ownership of accumulated Green Tags in compliance with federal or state law, if applicable, and to a federal or state agency or any other party at the Green Tag Purchaser’s discretion, and include without limitation those Green Tag Reporting Rights accruing under Section 1605(b) of The Energy Policy Act of 1992 and any present or future federal, state, or local law, regulation or bill, and international or foreign emissions trading program. Green Tags are accumulated on a MWh basis and one Green Tag represents the Green Attributes associated with one (1) MWh of Energy. Green Attributes do not include (i) any energy, capacity, reliability or other power attributes from the Project, (ii) production tax credits associated with the construction or operation of the Project and other financial incentives in the form of credits, reductions, or allowances associated with the project that are applicable to a state or federal income taxation obligation, (iii) fuel- related subsidies or “tipping fees” that may be paid to Seller to accept certain fuels, or local subsidies received by the generator for the destruction of particular preexisting pollutants or the promotion of local environmental benefits, or (iv) emission reduction credits encumbered or used by the Project for compliance with local, state, or federal operating and/or air quality permits. If the Project is a biomass or biogas facility and Seller receives any tradable Green Attributes based on the greenhouse gas reduction benefits or other emission offsets attributed to its fuel usage, it shall provide Buyer with Page 192 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2021-00175 – CITY OF RANCHO CUCAMONGA January 5, 2022 Page 35 sufficient Green Attributes to ensure that there are zero net emissions associated with the production of electricity from the Project. “Interconnection Agreement” means the small generator interconnection agreement entered into separately between Seller, Transmission/Distribution Owner, and CAISO (as appropriate) obtained by Seller pursuant to Transmission/Distribution Owner’s Wholesale Distribution Tariff. “Interconnection Facilities” has the meaning set forth in the tariff applicable to the Seller’s Interconnection Agreement. “Interconnection Point” has the meaning set forth in Section 2.3. “Interest Rate” means the rate per annum equal to the “Monthly” Federal Funds Rate (as reset on a monthly basis based on the latest month for which such rate is available) as reported in Federal Reserve Bank Publication H.15-519, or its successor publication. “JAMS” means JAMS, Inc. or its successor entity, a judicial arbitration and mediation service. “kW” means kilowatt. “kWh” means kilowatt-hour. “kWPDC” means peak DC power. “Law” means any statute, law, treaty, rule, regulation, ordinance, code, permit, enactment, injunction, order, writ, decision, authorization, judgment, decree or other legal or regulatory determination or restriction by a court or Governmental Authority of competent jurisdiction, including any of the foregoing that are enacted, amended, or issued after the Execution Date, and which becomes effective during the Delivery Term; or any binding interpretation of the foregoing. “Letter of Credit” means an irrevocable, non-transferable standby letter of credit issued either by a U.S. commercial bank or a foreign bank with a U.S. branch office with a Credit Rating of at least “A-” by S&P and “A3” by Moody’s (without a “credit watch”, “negative outlook” or other rating decline alert if its Credit Rating is “A-” by S&P or “A3” by Moody’s). The Letter of Credit must be substantially in the form as contained in Appendix G to this Agreement; provided that if the Letter of Credit is issued by a branch of a foreign bank, Buyer may require changes to such form. “Losses” means, with respect to any Party, an amount equal to the present value of the economic loss to it, if any (exclusive of Costs), resulting from the termination of the Transaction, determined in a commercially reasonable manner, subject to Section 12.5. Factors used in determining the loss of economic benefit may include, without limitation, reference to information either available to it internally or supplied by one or more third parties including, without limitation, quotations (either firm or indicative) of relevant rates, prices, yields, yield curves, volatilities, spreads or other relevant market data in the relevant markets, market price referent, market prices for a comparable transaction, forward price curves based on economic analysis of the relevant markets, settlement prices for a Page 193 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2021-00175 – CITY OF RANCHO CUCAMONGA January 5, 2022 Page 36 comparable transaction at liquid trading platforms (e.g. NYMEX), all of which should be calculated for the remaining term of the Transaction to determine the value of the Product. “Manager” has the meaning set forth in Section 17.2. “Mechanical Completion” means that all equipment and systems that are necessary to generate the effective capacity of the Facility are installed. The Facility is mechanically, electrically, and structurally constructed with all control systems installed and connected. The Facility is functionally complete to the extent necessary to begin commissioning and testing of the Facility, though commissioning and testing need not have commenced.” “MW” means megawatt (AC). “MWh” means megawatt-hour. “Notice,” unless otherwise specified in the Agreement, means written communications by a Party to be delivered by hand delivery, United States mail, overnight courier service, facsimile or electronic messaging (e-mail). “Party” means the Buyer or Seller individually, and “Parties” means both collectively. For purposes of Section 16 (Governing Law) the word “party” or “parties” shall have the meaning set forth in this definition. “Phasing Plan” means the plan submitted by Seller to the City of Rancho Cucamonga specifying the phases of the Project and the Contract Capacity associated with each Phase, and further, consistent with the requirements of Section 17.76.020 of Chapter 17.76 of (Alternative Energy Systems and Facilities) of Article IV (Site Development Provisions) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code. “Phasing Plan Transition Event” means the occurrence of an event that transitions the Facility from one Phase to a different Phase as specified in the Phasing Plan. “Photovoltaic Module” means the individual module or component that produces DC electric energy from sun light. “Photovoltaic Module DC Rating” means, for each Photovoltaic Module installed or to be installed at the Site, the number (expressed in kWPDC) stated on the nameplate affixed thereto representing the manufacturer’s maximum (at “peak” sunlight) DC power rating at the standard test condition (“Pmp” or Power maximum at peak). “Product” means all Energy produced by the Facility throughout the Delivery Term, net of Station Use and electrical losses from the Facility to the Delivery Point; all Green Attributes; all Capacity Attributes, if any; and all Resource Adequacy Benefits, if any; generated by, associated with or attributable to the Facility throughout the Delivery Term. Page 194 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2021-00175 – CITY OF RANCHO CUCAMONGA January 5, 2022 Page 37 “Project” has the meaning set forth in Section 2. The terms “Facility” and “Project” as used in this Agreement are interchangeable. “Prudent Electrical Practices” means those practices, methods and acts that would be implemented and followed by prudent operators of electric energy generating facilities in the Western United States, similar to the Facility, during the relevant time period, which practices, methods and acts, in the exercise of prudent and responsible professional judgment in the light of the facts known at the time the decision was made, could reasonably have been expected to accomplish the desired result consistent with good business practices, reliability and safety. Prudent Electrical Practices shall include, at a minimum, those professionally responsible practices, methods and acts described in the preceding sentence that comply with manufacturers’ warranties, restrictions in this Agreement, and the requirements of Governmental Authorities, WECC standards, the CAISO and Laws. Prudent Electrical Practices also includes taking reasonable steps to ensure that: (a) Equipment, materials, resources, and supplies, including spare parts inventories, are available to meet the Facility’s needs; (b) Sufficient operating personnel are available at all times and are adequately experienced and trained and licensed as necessary to operate the Facility properly and efficiently, and are capable of responding to reasonably foreseeable emergency conditions at the Facility and Emergencies whether caused by events on or off the Site; (c) Preventive, routine, and non-routine maintenance and repairs are performed on a basis that ensures reliable, long term and safe operation of the Facility, and are performed by knowledgeable, trained, and experienced personnel utilizing proper equipment and tools; (d) Appropriate monitoring and testing are performed to ensure equipment is functioning as designed; (e) Equipment is not operated in a reckless manner, in violation of manufacturer’s guidelines or in a manner unsafe to workers, the general public, or the Transmission/Distribution Owner’s electric system or contrary to environmental laws, permits or regulations or without regard to defined limitations such as, flood conditions, safety inspection requirements, operating voltage, current, volt ampere reactive (VAR) loading, frequency, rotational speed, polarity, synchronization, and control system limits; and (f) Equipment and components are designed and manufactured to meet or exceed the standard of durability that is generally used for electric energy generating facilities operating in the Western United States and will function properly over the full range of ambient temperature and weather conditions reasonably expected to occur at the Site and under both normal and emergency conditions. “Renewable Energy Credit” has the meaning set forth in Public Utilities Code Section 399.12(h), as may be amended from time to time or as further defined or supplemented by Law. Page 195 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2021-00175 – CITY OF RANCHO CUCAMONGA January 5, 2022 Page 38 “Reservation Deposit” means the deposit submitted by Seller to Buyer at the time Seller submitted its application for an Industrial Zoning District Renewable PPA contract, which amount shall equal four dollars ($4.00) for each kilowatt of proposed alternating current (AC) generator capacity. Buyer shall return the Reservation Deposit to Seller once the Project achieves Commercial Operation by crediting Seller the full amount of the Reservation Deposit on Buyer’s first payment for delivered Product. Buyer shall retain the full amount of the Reservation Deposit in the event the Project does not achieve Commercial Operation by the Commercial Operation Date. “Resource Adequacy Benefits” means the rights and privileges attached to the Facility that satisfy any entity’s resource adequacy obligations, as those obligations are set forth in any Resource Adequacy Rulings and shall include any local, zonal, or otherwise locational attributes associated with the Facility. “Resource Adequacy Requirements” has the meaning set forth in Section 4.4.1. “Resource Adequacy Rulings” means any other resource adequacy laws, rules or regulations enacted, adopted or promulgated by any applicable Governmental Authority, as such decisions, rulings, Laws, rules or regulations may be amended or modified from time-to-time during the Delivery Term. “Restricted Period” has the meaning set forth in Section 12.8.1. “Settlement Amount” has the meaning set forth in Section 12.5. “Site” means the real property on which the Facility is, or will be, located, as further described in Appendix D. “Site Control” means the Seller: (a) owns the Site, (b) leases the Site, (c) is the holder of a right-of-way grant or similar instrument with respect to the Site, or (d) prior to the Commercial Operation Date, has the unilaterally exercisable contractual right to acquire or cause to be acquired on its behalf any of (a), (b), or (c). “Station Use” means energy consumed within the Facility’s electric energy distribution system as losses, as well as energy used to operate the Facility’s auxiliary equipment. The auxiliary equipment may include, but is not limited to, forced and induced draft fans, cooling towers, boiler feeds pumps, lubricating oil systems, plant lighting, fuel handling systems, control systems, and sump pumps. This use is not to exceed 1% of average annual output. “Term” has the meaning set forth in Section 3.4.1. “Transaction” means the particular transaction described in Section 3.3. “Transmission/Distribution Owner” means any entity or entities responsible for operating the electric distribution system or transmission system, as applicable, at and beyond the Interconnection Point. Page 196 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2021-00175 – CITY OF RANCHO CUCAMONGA January 5, 2022 Page 39 “WECC” means the Western Electricity Coordinating Council, the regional reliability council for the Western United States, Northwestern Mexico and Southwestern Canada. “WREGIS” means the Western Renewable Energy Generating Information System or any successor renewable energy tracking program. “WREGIS Certificates” has the same meaning as “Certificate” as defined by WREGIS in the WREGIS Operating Rules and are designated as eligible for complying with the California Renewables Portfolio Standard. “WREGIS Operating Rules” means those operating rules and requirements adopted by WREGIS as of December 2010, as subsequently amended, supplemented or replaced (in whole or in part) from time to time. *** End of Appendix A *** Page 197 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2021-00175 – CITY OF RANCHO CUCAMONGA January 5, 2022 Page 40 Appendix B – Commercial Operation Date Confirmation Letter In accordance with the terms of that certain Industrial Zoning District Renewable Power Purchase Agreement dated ________(“Agreement”) for the Facility named ________________________ by and between CITY OF RANCHO CUCAMONGA “Buyer”) and ____________________ (“Seller”), this letter serves to document the Parties further agreement that (i) the conditions precedent to the occurrence of the Commercial Operation Date have been satisfied as of this _____ day of _________, ______. This letter shall confirm the Commercial Operation Date, as defined in the Agreement, as the date referenced in the preceding sentence. IN WITNESS WHEREOF, each Party has caused this Agreement to be duly executed by its authorized representative as of the date of last signature provided below: By: By: CITY OF RANCHO CUCAMONGA (Seller)(Buyer) (Signature)(Signature) (Type/Print Name)(Type/Print Name) (Title)(Title) (Date)(Date) *** End of Appendix B *** Page 198 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2021-00175 – CITY OF RANCHO CUCAMONGA January 5, 2022 Page 41 Appendix C – Forecasting Requirements A. AVAILABLE CAPACITY FORECASTING. Seller shall provide the Available Capacity forecasts described below. [The following bracketed language applies to As-Available solar or wind Projects only] [Seller’s availability forecasts below shall include Project availability and updated status of [The following bracketed language applies to solar Projects only] [photovoltaic panels, inverters, transformers, and any other equipment that may impact availability] or [The following bracketed language applies to wind Projects only] [transformers, wind turbine unit status, and any other equipment that may impact availability].] [The following bracketed language applies to As-Available Product only] Seller shall use commercially reasonable efforts to forecast the Available Capacity of the Project accurately and to transmit such information in a format reasonably acceptable to Buyer. Buyer and Seller shall agree upon reasonable changes to the requirements and procedures set forth below from time-to-time, as necessary. 1. Annual Forecast of Available Capacity. No later than (I) the earlier of July 1 of the first calendar year following the Execution Date or one hundred and eighty (180) days before the first day of the first Contract Year of the Delivery Term (“First Annual Forecast Date”), and (II) on or before July 1 for each calendar year from the First Annual Forecast Date for every subsequent Contract Year during the Delivery Term, Seller shall provide to Buyer a non-binding forecast of the hourly Available Capacity for each day in each month of the following calendar year in a form reasonably acceptable to Buyer. 2. Monthly Forecast of Available Capacity. Ten (10) Business Days before the beginning of each month during the Delivery Term, Seller shall provide to Buyer a non-binding forecast of the hourly Available Capacity for each day of the following month in a form reasonably acceptable to Buyer. *** End of Appendix C *** Page 199 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2021-00175 – CITY OF RANCHO CUCAMONGA January 5, 2022 Page 42 Appendix D – Description of the Facility Seller should complete the information below and attach a description of the Facility, including a summary of its significant components, a drawing showing the general arrangements of the Facility, and a single line diagram illustrating the interconnection of the Facility and loads with Buyer’s electric distribution system. Name of the Facility: Address of the Facility: Description of the Facility, including a summary of its significant components, such as for solar photovoltaic [Photovoltaic Modules, DC Collection System, Current Inverters], meteorological station, instrumentation and any other related electrical equipment: Drawing showing the general arrangement of the Facility: A single-line diagram illustrating the interconnection of the Facility with Buyer: A legal description of the Site, including a Site map: Longitude and latitude of the centroid of the Site: *** End of Appendix D *** Page 200 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2021-00175 – CITY OF RANCHO CUCAMONGA January 5, 2022 Page 43 APPENDIX E – INDUSTRIAL ZONING DISTRICT RENEWABLE PPA MILESTONES AND EXAMPLE ACTION STEPS Action Deadline Date Completed Responsible Party Step 1: Submit Application Seller Step 2: Approve Application Buyer Step 3: Sign Conditional PPA Both Step 4: Acquire Interconnection Agreement Seller Step 4A: Submit copy of Interconnection Agreement to Buyer Seller Step 5: Submit confirmation of RPS precertification requirement and provide Copy of precertification application to Buyer Seller Step 6: File Project with WREGIS and submit proof to Buyer.Seller Step 7: Pay Interconnection Fee and submit proof to Buyer. Seller Step 8: Acquire Conditional Use Permit and Construction Permits Seller Step 8A: Submit proof of permits to Buyer.Seller Step 9: Notify Buyer 10 days prior to construction start. Seller Step 10: Submit proof of insurance to Buyer. Seller Step 11: Mechanical Completion.Seller Step 12: Notify Buyer 30 days in advance of the Commercial Operation Date.Seller Step 12: Commercial Operation Date Seller Step 13: Submit application for certification to CEC.Seller *** End of Appendix E *** Page 201 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2021-00175 – CITY OF RANCHO CUCAMONGA January 5, 2022 Page 44 Appendix F – Delivery Term Contract Quantity Schedule Dated: XXXXX XX, 20XX Delivery Term Contract Quantity Schedule Contract Year Contract Quantity (kWh/Yr)Phase Effective Date 1 Phase 1 XXXXX XX, 20XX 2 Phase 1 XXXXX XX, 20XX 3 Phase 1 XXXXX XX, 20XX 4 Phase 1 XXXXX XX, 20XX 5 Phase 1 XXXXX XX, 20XX 6 Phase 1 XXXXX XX, 20XX 7 Phase 1 XXXXX XX, 20XX 8 Phase 1 XXXXX XX, 20XX 9 Phase 1 XXXXX XX, 20XX 10 Phase 1 XXXXX XX, 20XX 11 Phase 1 XXXXX XX, 20XX 12 Phase 1 XXXXX XX, 20XX 13 Phase 1 XXXXX XX, 20XX 14 Phase 1 XXXXX XX, 20XX 15 Phase 1 XXXXX XX, 20XX 16 Phase 1 XXXXX XX, 20XX 17 Phase 1 XXXXX XX, 20XX 18 Phase 1 XXXXX XX, 20XX 19 Phase 1 XXXXX XX, 20XX 20 Phase 1 XXXXX XX, 20XX 21 Phase 1 XXXXX XX, 20XX 22 Phase 1 XXXXX XX, 20XX 23 Phase 1 XXXXX XX, 20XX 24 Phase 1 XXXXX XX, 20XX 25 Phase 1 XXXXX XX, 20XX *** End of Appendix F*** Page 202 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2021-00175 – CITY OF RANCHO CUCAMONGA January 5, 2022 Page 45 Appendix G – Notices List Name: ______(“Seller”)Name: CITY OF RANCHO CUCAMONGA, a (“Buyer” or “RCMU”) All Notices: [Seller to complete]All Notices: Delivery Address:Delivery Address: Street: City: State: Zip: Mail Address: (if different from above)Mail Address: Attn:Attn: Phone: Phone: Facsimile: Facsimile: DUNS: DUNS: Federal Tax ID Number: Federal Tax ID Number: Invoices: Invoices: Attn: Attn: Phone: Phone: Facsimile: Facsimile: Payments: Payments: Attn: Attn: Phone: Phone: Facsimile: Facsimile: Wire Transfer: Wire Transfer: BNK: ABA: ACCT: BNK: ABA: ACCT: Credit and Collections: Credit and Collections: Attn: Attn: Phone: Phone: Facsimile: Facsimile: Page 203 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2021-00175 – CITY OF RANCHO CUCAMONGA January 5, 2022 Page 46 With additional Notices of an Event of Default to Contract Manager: Contract Manager: Attn: Attn: Phone: Phone: Facsimile: *** End of Appendix G*** Page 204 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2021-00175 – CITY OF RANCHO CUCAMONGA January 5, 2022 Page 47 Appendix H – FORM OF LETTER OF CREDIT Issuing Bank Letterhead and Address STANDBY LETTER OF CREDIT NO. XXXXXXXX Date: [insert issue date] Beneficiary:City of Rancho Cucamonga Applicant:[Insert name and address of Applicant] Attention: Letter of Credit Amount: [insert amount] Expiry Date: [insert expiry date] Ladies and Gentlemen: By order of [insert name of Applicant] (“Applicant”), we hereby issue in favor of City of Rancho Cucamonga (the “Beneficiary”) our irrevocable standby letter of credit No. [insert number of letter of credit] (“Letter of Credit”), for the account of Applicant, for drawings up to but not to exceed the aggregate sum of U.S. $ [insert amount in figures followed by (amount in words)] (“Letter of Credit Amount”). This Letter of Credit is available with [insert name of issuing bank, and the city and state in which it is located] by sight payment, at our offices located at the address stated below, effective immediately, and it will expire at our close of business on [insert expiry date] (the “Expiry Date”). Funds under this Letter of Credit are available to the Beneficiary against presentation of the following documents: 1. Beneficiary’s signed and dated sight draft in the form of Exhibit A hereto, referencing this Letter of Credit No. [insert number] and stating the amount of the demand; and 2. One of the following statements signed by an authorized representative or officer of Beneficiary: A. “Pursuant to the terms of that certain [insert name of the agreement] (the “Agreement”), dated [insert date of the Agreement], between Beneficiary and [insert name of Seller under the Page 205 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2021-00175 – CITY OF RANCHO CUCAMONGA January 5, 2022 Page 48 Agreement], Beneficiary is entitled to draw under Letter of Credit No. [insert number] amounts owed by [insert name of Seller under the Agreement] under the Agreement; or B. “Letter of Credit No. [insert number] will expire in thirty (30) days or less and [insert name of Seller under the Agreement] has not provided replacement security acceptable to Beneficiary. Special Conditions: 1. Partial and multiple drawings under this Letter of Credit are allowed; 2. All banking charges associated with this Letter of Credit are for the account of the Applicant; 3. This Letter of Credit is not transferable; and 4. The Expiry Date of this Letter of Credit shall be automatically extended without a written amendment for a period of one year and on each successive Expiry Date, unless at least sixty (60) days before the then current Expiry Date, we notify you by registered mail or courier that we elect not to extend the Expiry Date of this Letter of Credit for such additional period. We engage with you that drafts drawn under and in compliance with the terms of this Letter of Credit will be duly honored upon presentation, on or before the Expiry Date (or after the Expiry Date as provided below), at our offices at [insert issuing bank’s address for drawings]. All demands for payment shall be made by presentation of originals or copies of documents; or by facsimile transmission of documents to [insert fax number], Attention: [insert name of issuing bank’s receiving department], with originals or copies of documents to follow by overnight mail. If presentation is made by facsimile transmission, you may contact us at [insert phone number] to confirm our receipt of the transmission. Your failure to seek such a telephone confirmation does not affect our obligation to honor such a presentation. Our payments against complying presentations under this Letter of Credit will be made no later than on the sixth (6th) banking day following a complying presentation. Except as stated herein, this Letter of Credit is not subject to any condition or qualification. It is our individual obligation, which is not contingent upon reimbursement and is not affected by any agreement, document, or instrument between us and the Applicant or between the Beneficiary and the Applicant or any other party. Except as otherwise specifically stated herein, this Letter of Credit is subject to and governed by the Uniform Customs and Practice for Documentary Credits, 2007 Revision, International Chamber of Commerce (ICC) Publication No. 600 (the “UCP 600”); provided that, if this Letter of Credit expires during an interruption of our business as described in Article 36 of the UCP 600, we will honor drafts presented in compliance with this Letter of Credit within thirty (30) days after the resumption of our business and effect payment accordingly. The law of the State of California shall apply to any matters not covered by the UCP 600. Page 206 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2021-00175 – CITY OF RANCHO CUCAMONGA January 5, 2022 Page 49 For telephone assistance regarding this Letter of Credit, please contact us at [insert number and any other necessary details]. Very truly yours, [insert name of issuing bank] By: Authorized Signature Name:[print or type name] Title: *** End of Appendix H*** Page 207 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2021-00175 – CITY OF RANCHO CUCAMONGA January 5, 2022 Page 50 Appendix I – FORM OF CONSENT TO ASSIGNMENT CONSENT AND AGREEMENT This CONSENT AND AGREEMENT (“Consent and Agreement”) is entered into as of [_______ __, 2___], between CITY OF RANCHO CUCAMONGA (“RCMU”), and [_________________] , as collateral agent (in such capacity, “Financing Provider”), for the benefit of various financial institutions (collectively, the “Secured Parties”) providing financing to [_______] (“Seller”). RCMU, Seller, and the Financing Provider shall each individually be referred to as a “Party” and collectively as the “Parties”. Recitals A. Pursuant to that certain Power Purchase Agreement dated as of _____________, 2___ (as amended, modified, supplemented or restated from time to time, as including all related agreements, instruments and documents, collectively, the “Assigned Agreement”) between RCMU and Seller, RCMU has agreed to purchase energy from Seller. B. The Secured Parties have provided, or have agreed to provide, to Seller financing (including a financing lease) pursuant to one or more agreements (the “Financing Documents”), and require that Financing Provider be provided certain rights with respect to the “Assigned Agreement” and the “Assigned Agreement Accounts,” each as defined below, in connection with such financing. C. In consideration for the execution and delivery of the Assigned Agreement, RCMU has agreed to enter into this Consent and Agreement for the benefit of Seller. Agreement 1. Definitions. Any capitalized term used but not defined herein shall have the meaning specified for such term in the Assigned Agreement. 2. Consent. Subject to the terms and conditions below, RCMU consents to and approves the pledge and assignment by Seller to Financing Provider pursuant to the Loan Agreement and/or Security Agreement of (a) the Assigned Agreement, and (b) the accounts, revenues and proceeds of the Assigned Agreement (collectively, the “Assigned Agreement Accounts”). 3. Limitations on Assignment. Financing Provider acknowledges and confirms that, notwithstanding any provision to the contrary under applicable law or in any Financing Document executed by Seller, Financing Provider shall not assume, sell or otherwise dispose of the Assigned Agreement (whether by foreclosure sale, conveyance in lieu of foreclosure or otherwise) unless, on or before the date of any such assumption, sale or disposition, Financing Provider or any third party, as the case may be, assuming, purchasing or otherwise acquiring the Assigned Agreement (a) cures any Page 208 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2021-00175 – CITY OF RANCHO CUCAMONGA January 5, 2022 Page 51 and all defaults of Seller under the Assigned Agreement which are capable of being cured and which are not personal to the Seller, (b) executes and delivers to RCMU a written assumption of all of Seller’s rights and obligations under the Assigned Agreement in form and substance reasonably satisfactory to RCMU, (c) otherwise satisfies and complies with all requirements of the Assigned Agreement, (d) provides such tax and enforceability assurance as RCMU may reasonably request, and (e) is a Permitted Transferee (as defined below). Financing Provider further acknowledges that the assignment of the Assigned Agreement and the Assigned Agreement Accounts is for security purposes only and that Financing Provider has no rights under the Assigned Agreement or the Assigned Agreement Accounts to enforce the provisions of the Assigned Agreement or the Assigned Agreement Accounts unless and until an event of default has occurred and is continuing under the Financing Documents between Seller and Financing Provider (a “Financing Default”), in which case Financing Provider shall be entitled to all of the rights and benefits and subject to all of the obligations which Seller then has or may have under the Assigned Agreement to the same extent and in the same manner as if Financing Provider were an original party to the Assigned Agreement. “Permitted Transferee” means any person or entity who is reasonably acceptable to RCMU. Financing Provider may from time to time, following the occurrence of a Financing Default, notify RCMU in writing of the identity of a proposed transferee of the Assigned Agreement, which proposed transferee may include Financing Provider, in connection with the enforcement of Financing Provider’s rights under the Financing Documents, and RCMU shall, within thirty (30) business days of its receipt of such written notice, confirm to Financing Provider whether or not such proposed transferee is a “Permitted Transferee” (together with a written statement of the reason(s) for any negative determination) it being understood that if RCMU shall fail to so respond within such thirty (30) business day period such proposed transferee shall be deemed to be a “Permitted Transferee”. 4. Cure Rights. (a) Notice to Financing Provider by RCMU. RCMU shall, concurrently with the delivery of any notice of an event of default under the Assigned Agreement (each, an “Event of Default”) to Seller (a “Default Notice”), provide a copy of such Default Notice to Financing Provider pursuant to Section 9(a) of this Consent and Agreement. In addition, Seller shall provide a copy of the Default Notice to Financing Provider the next business day after receipt from RCMU, independent of any agreement of RCMU to deliver such Default Notice. (b) Cure Period Available to Financing Provider Prior to Any Termination by RCMU. Upon the occurrence of an Event of Default, subject to (i) the expiration of the relevant cure periods provided to Seller under the Assigned Agreement, and (ii) Section 4(a) above, RCMU shall not terminate the Assigned Agreement unless it or Seller provides Financing Provider with notice of the Event of Default and affords Financing Provider an Additional Cure Period (as defined below) to cure such Event of Default. For purposes of this Agreement “Additional Cure Period” means (i) with respect to a monetary default, ten (10) days in addition to the cure period (if any) provided to Seller in the Assigned Agreement, and (ii) with respect to a non-monetary default, thirty (30) days in addition to the cure period (if any) provided to Seller in the Assigned Agreement. Page 209 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2021-00175 – CITY OF RANCHO CUCAMONGA January 5, 2022 Page 52 (c) Failure by RCMU to Deliver Default Notice. If neither RCMU nor Seller delivers a Default Notice to Financing Provider as provided in Section 4(a), the Financing Provider’s applicable cure period shall begin on the date on which notice of an Event of Default is delivered to Financing Provider by either RCMU or Seller. Except for a delay in the commencement of the cure period for Financing Provider and a delay in RCMU’s ability to terminate the Assigned Agreement (in each case only if both RCMU and Seller fail to deliver notice of an Event of Default to Financing Provider), failure of RCMU to deliver any Default Notice shall not waive RCMU’s right to take any action under the Assigned Agreement and will not subject RCMU to any damages or liability for failure to provide such notice. (d) Extension for Foreclosure Proceedings. If possession of the Project (as defined in the Assigned Agreement) is necessary for Financing Provider to cure an Event of Default and Financing Provider commences foreclosure proceedings against Seller within thirty (30) days of receiving notice of an Event of Default from RCMU or Seller, whichever is received first, Financing Provider shall be allowed a reasonable additional period to complete such foreclosure proceedings, such period not to exceed ninety (90) days; provided, however, that Financing Provider shall provide a written notice to RCMU that it intends to commence foreclosure proceedings with respect to Seller within ten (10) business days of receiving a notice of such Event of Default from RCMU or Seller, whichever is received first. In the event Financing Provider succeeds to Seller’s interest in the Project as a result of foreclosure proceedings, the Financing Provider or a purchaser or grantee pursuant to such foreclosure shall be subject to the requirements of Section 3 of this Consent and Agreement. 5. Setoffs and Deductions. Each of Seller and Financing Provider agrees that RCMU shall have the right to set off or deduct from payments due to Seller each and every amount due RCMU from Seller whether or not arising out of or in connection with the Assigned Agreement. Financing Provider further agrees that it takes the assignment for security purposes of the Assigned Agreement and the Assigned Agreement Accounts subject to any defenses or causes of action RCMU may have against Seller. 6. No Representation or Warranty. Seller and Financing Provider each recognizes and acknowledges that RCMU makes no representation or warranty, express or implied, that Seller has any right, title, or interest in the Assigned Agreement or as to the priority of the assignment for security purposes of the Assigned Agreement or the Assigned Agreement Accounts. Financing Provider is responsible for satisfying itself as to the existence and extent of Seller’s right, title, and interest in the Assigned Agreement, and Financing Provider releases RCMU from any liability resulting from the assignment for security purposes of the Assigned Agreement and the Assigned Agreement Accounts. 7. Amendment to Assigned Agreement. Financing Provider acknowledges and agrees that RCMU may agree with Seller to modify or amend the Assigned Agreement, and that RCMU is not obligated to notify Financing Provider of any such amendment or modification to the Assigned Agreement. Financing Provider hereby releases RCMURCMU from all liability arising out of or in connection with the making of any amendment or modification to the Assigned Agreement. Page 210 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2021-00175 – CITY OF RANCHO CUCAMONGA January 5, 2022 Page 53 8. Payments under Assigned Agreement. RCMU shall make all payments due to Seller under the Assigned Agreement from and after the date hereof to [__________], as depositary agent, to ABA No. [__________], Account No. [__________], and Seller hereby irrevocably consents to any and all such payments being made in such manner. Each of Seller, RCMU and Financing Provider agrees that each such payment by RCMU to such depositary agent of amounts due to Seller from RCMU under the Assigned Agreement shall satisfy RCMU’s corresponding payment obligation under the Assigned Agreement. 9. Miscellaneous. (a) Notices. All notices hereunder shall be in writing and shall be deemed received (i) at the close of business of the date of receipt, if delivered by hand or by facsimile or other electronic means, or (ii) when signed for by recipient, if sent registered or certified mail, postage prepaid, provided such notice was properly addressed to the appropriate address indicated on the signature page hereof or to such other address as a party may designate by prior written notice to the other parties, at the address set forth below: If to Financing Provider: Name: Address: Attn: Telephone: Facsimile: Email: If to RCMU: Name: Address: Attn: Telephone: Facsimile: Email: (b) No Assignment. This Consent and Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of RCMU, and shall be binding on and inure to the benefit of Page 211 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2021-00175 – CITY OF RANCHO CUCAMONGA January 5, 2022 Page 54 the Financing Provider, the Secured Parties and their respective successors and permitted transferees and assigns under the loan agreement and/or security agreement. (c) No Modification. This Consent and Agreement is neither a modification of nor an amendment to the Assigned Agreement. (d) Choice of Law. The parties hereto agree that this Consent and Agreement shall be construed and interpreted in accordance with the laws of the State of California, excluding any choice of law rules which may direct the application of the laws of another jurisdiction. (e) No Waiver. No term, covenant or condition hereof shall be deemed waived and no breach excused unless such waiver or excuse shall be in writing and signed by the party claimed to have so waived or excused. (f) Counterparts. This Consent and Agreement may be executed in one or more duplicate counterparts, and when executed and delivered by all the parties listed below, shall constitute a single binding agreement. (g) No Third Party Beneficiaries. There are no third party beneficiaries to this Consent and Agreement. (h) Severability. The invalidity or unenforceability of any provision of this Consent and Agreement shall not affect the validity or enforceability of any other provision of this Consent and Agreement, which shall remain in full force and effect. (i) Amendments. This Consent and Agreement may be modified, amended, or rescinded only by writing expressly referring to this Consent and Agreement and signed by all parties hereto. IN WITNESS WHEREOF, each of RCMU and Financing Provider has duly executed this Consent and Agreement as of the date first written above. City of Rancho Cucamonga (RCMU) By: _________________________________ Name: _______________________________ Title: ________________________________ [_________________________________] (Financing Provider), as collateral agent Page 212 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2021-00175 – CITY OF RANCHO CUCAMONGA January 5, 2022 Page 55 By: _________________________________ Name: _______________________________ Title: ________________________________ ACKNOWLEDGEMENT The undersigned hereby acknowledges the Consent and Agreement set forth above, makes the agreements set forth therein as applicable to Seller, including the obligation of Seller to provide a copy of any Default Notice it receives from RCMU to Financing Provider the next business day after receipt by Seller, and confirms that the Financing Provider identified above and the Secured Parties have provided or are providing financing to the undersigned. [________________________][name of Seller] By: _________________________________ Name: _______________________________ Title: ________________________________ *** End of Appendix I*** Page 213 CITY COUNCIL ORDINANCE NO. DEVELOPMENT AGREEMENT DRC2021-00175 – CITY OF RANCHO CUCAMONGA January 5, 2022 Page 56 EXHIBIT “F” RCMU Line Extension Rancho Cucamonga Municipal Utility ResponsibilityDeveloper Responsibility Approximate location of stub out for developer constructed infrastructure from here to building POC/switch gear. Final location to be coordinated with City’s Etiwanda Grade Separation Project and RCMU. Developer constructed line extension including RCMU interconnection point and private infrastructure from line extension to building POC/switch gear for electrical and fiberoptic infrastructure. Developer constructed infrastructure to include design and construction by developer of both electrical and fiberoptic communications infrastructure from stub out points shown above to the POC/switch gear and telecommunications room for each building. N Final design may include infrastructure within the County of San Bernardino’s jurisdiction. Developer to coordinate with the County and RCMU to obtain all necessary permits and rights-of-way to construct and maintain utility infrastructure outside of the City limits. Page 214 RESOLUTION NO. 2022-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CERTIFYING THE ENVIRONMENTAL IMPACT REPORT (SCH No. 2020090076) FOR THE “SPEEDWAY COMMERCE CENTER” PROJECT WHICH PROPOSES THE DEVELOPMENT OF TWO NEW INDUSTRIAL WAREHOUSE BUILDINGS TOTALING APPROXIMATELY 655,878 SQUARE FEET ON AN APPROXIMATE 35-ACRE PROJECT SITE LOCATED APPROXIMATELY 650 FEET EAST OF ETIWANDA AVENUE NORTH OF NAPA STREET – APNS: 0229-291-23, -46 AND -54, MAKING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM A. Recitals. 1.WHEREAS, Kimley-Horn and Associates, on behalf of Hillwood Enterprises, L.P., filed an application for Annexation DRC2020-00185, Prezoning DRC2020-00186, General Plan Amendment DRC2020-00184, Tentative Parcel Map SUBTPM20251, Design Review DRC2020- 00177, Conditional Use Permit DRC2021-00317, Uniform Sign Program DRC2020-00178, and Development Agreement DRC2021-00175 for a development project as described in the title of this Resolution (collectively, the “Project”). 2.WHEREAS, in accordance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, the City prepared an initial study for the Project and concluded that there was substantial evidence that the Project might have a significant environmental impact on several resources and determined that an EIR must be prepared for the Project in order to analyze the Project’s potential impacts on the environment. 3.WHEREAS, pursuant to CEQA Guidelines, Section 15082, on September 3, 2020, the City published a Notice of Preparation (NOP) of a Draft EIR for the Project, and circulated the NOP and initial study to the Office of Planning and Research, the County Clerk, responsible and trustee agencies, governmental agencies, organizations, and persons who may be interested in the application for a 30-day public review period. 4.WHEREAS, the City received comments from the Native American Heritage Commission, California Department of Fish and Wildlife, California Department of Transportation, San Bernardino County Department of Public Works, Inland Empire Biking Alliance, South Coast Air Quality Management District (SCAQMD), Cucamonga Valley Water District (CVWD) and the Inland Empire Utilities Agency (IEUA) in response to the NOP. 5.WHEREAS, after providing notice to the required tribes under AB 52 and SB 18, the City initiated consultation with one tribe in the area, the Gabrieleno Band of Mission Indians - Kizh Nation, and comments were also received from the San Manuel Band of Mission Indians, in accordance with the City’s obligations under AB 52 and SB 18. 6.WHEREAS, the City released the Draft EIR for a 45-day public review period beginning June 29, 2021 and ending on August 13, 2021. During the public review period the Page 215 CITY COUNCIL RESOLUTION NO. 2021-006 HILLWOOD ENTERPRISES, L.P., “SPEEDWAY COMMERCE CENTER”, FINAL EIR CERTIFICATION AND CEQA FINDINGS January 5, 2022 City of Rancho Cucamonga 2 January 2022 City received a total of 6 comment letters on the Draft EIR that required responses, and the City has prepared responses to each comment. 7.WHEREAS, the EIR concludes that with the inclusion of mitigation measures, the Project will not have a significant impact on any environmental resources. 8.WHEREAS, the City prepared a Final EIR in accordance with CEQA, which contains the City’s responses to comments, a Mitigation Monitoring and Reporting Program (MMRP) for the Project, the Draft EIR as modified by the Final EIR, and all appendices. 9.WHEREAS, on December 8, 2021, the Planning Commission conducted a duly noticed public hearing where it reviewed the contents of the Draft EIR and Final EIR and all associated materials, and after concluding the hearing recommended that the City Council approve the Project and certify the Final EIR. 10.WHEREAS, on January 5, 2022, the City Council conducted a duly noticed public hearing to consider the Project and concluded the hearing on that date. 11.WHEREAS, All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. Recitals. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Findings. Based upon the information and evidence set forth in the Final EIR, together with its appendices, and all other available evidence presented to the City Council during the above-referenced public hearing on January 5, 2022, including written and oral staff reports and public testimony, and upon the recommendation of the Planning Commission, the City Council hereby specifically finds as follows: a. Agencies and interested members of the public have been afforded due notice and an opportunity to comment on the EIR and the Project. b. Section 15091 of the State CEQA Guidelines requires that the City, before approving the Project, make one or more of the following written findings for each significant effect identified in the Final EIR accompanied by a brief explanation of the rationale for each finding: i. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR; Page 216 CITY COUNCIL RESOLUTION NO. 2021-006 HILLWOOD ENTERPRISES, L.P., “SPEEDWAY COMMERCE CENTER”, FINAL EIR CERTIFICATION AND CEQA FINDINGS January 5, 2022 City of Rancho Cucamonga 3 January 2022 ii. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency; or iii. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. These required findings are set forth in the attached Exhibit A and incorporated herein by this reference. c. Environmental impacts identified in the Final EIR that are found to have no impact are described in Section 3 of Exhibit A, attached hereto and incorporated by reference. d. Environmental impacts identified in the Final EIR that are found to be less than significant and do not require mitigation are described in Section 4 of Exhibit A, attached hereto and incorporated herein by reference. e. Environmental impacts identified in the Final EIR as potentially significant, but that can be reduced to less than significant levels with mitigation, are described in Section 5 of Exhibit A attached hereto and incorporated herein by reference. f. No environmental impacts were identified in the Final EIR as significant and unavoidable despite the imposition of all feasible mitigation measures, and a statement further confirming this conclusion is provided Exhibit A, attached hereto and incorporated herein by reference. g. State CEQA Guidelines Section 15091 and Public Resources Code Section 21081.6 requires the City to prepare and adopt a mitigation monitoring and reporting program for any project for which mitigation measures have been imposed to assure compliance with the adopted mitigation measures. The Mitigation Monitoring and Reporting Program is attached hereto as Exhibit B and is hereby incorporated herein by reference. Further, the mitigation measures set forth therein are made applicable to the Project. h. Prior to taking action on the Final EIR and approving the Project, the City Council specifically finds and certifies that: (1) the Final EIR was presented to the City Council; (2) the City Council reviewed and considered the Final EIR and all of the information and data in the administrative record, and all oral and written testimony presented to it during meetings and hearings; (3) the Final EIR is adequate and has been completed in full compliance with CEQA; and (4) the Final EIR reflects the City Council’s independent judgment and analysis. i. No comments or any additional information submitted to the City have produced any substantial new information requiring additional recirculation or additional environmental review of the Project under CEQA. 3. Determination. On the basis of the foregoing and all of the evidence in the administrative record before it, the City Council hereby certifies the Final EIR, adopts findings Page 217 CITY COUNCIL RESOLUTION NO. 2021-006 HILLWOOD ENTERPRISES, L.P., “SPEEDWAY COMMERCE CENTER”, FINAL EIR CERTIFICATION AND CEQA FINDINGS January 5, 2022 City of Rancho Cucamonga 4 January 2022 pursuant to the CEQA as set forth in Exhibit A attached hereto and incorporated herein by reference, and adopts the Mitigation Monitoring and Reporting Program (MMRP) attached hereto as Exhibit B and incorporated herein by reference. 4. Location of Record. The documents and other materials, including the staff reports, technical studies, appendices, plans, and specifications, that constitute the record on which this Resolution is based are located in the Planning Department and are in the custody of the Planning Director, 10500 Civic Center Drive, Rancho Cucamonga, CA 91730. All such documents are incorporated herein by reference. 5. Certification. The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 5TH DAY OF JANUARY 2022. CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA BY: L. Dennis Michael, Mayor I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 5th day of January 2022, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ATTEST: _______________________________ City Clerk of the City of Rancho Cucamonga Page 218 CITY COUNCIL RESOLUTION NO. 2021-006 HILLWOOD ENTERPRISES, L.P., “SPEEDWAY COMMERCE CENTER”, FINAL EIR CERTIFICATION AND CEQA FINDINGS January 5, 2022 City of Rancho Cucamonga 5 January 2022 Exhibit A CEQA Findings and Facts in Support of Findings FINDINGS OF FACT FOR Speedway Commerce Center Project STATE CLEARINGHOUSE NO. 2020090076 LEAD AGENCY CITY OF RANCHO CUCAMONGA Sean McPherson, Senior Planner 10500 Civic Center Drive Rancho Cucamonga, CA 91730 (909) 774-4302 January 2021 Page 219 Page 220 Speedway Commerce Center Project Findings of Fact Introduction City of Rancho Cucamonga i January 2022 TABLE OF CONTENTS Section 1: Introduction 1 1.1 Purpose ...................................................................................................................1 1.2 Records of Proceedings ..........................................................................................2 1.3 Custodian and Location of Records.........................................................................3 1.4 CEQA Findings of Independent Judgment, Review and Analysis...........................4 Section 2: General CEQA Findings 5 Section 3: Environmental Impacts Found to Have No Impact 7 Aesthetics...........................................................................................................................7 Agriculture and Forestry Services ......................................................................................7 Air Quality...........................................................................................................................9 Biological Resources........................................................................................................10 Geology and Soils ............................................................................................................11 Hazards and Hazardous Materials ...................................................................................12 Land Use and Planning ....................................................................................................13 Noise ................................................................................................................................14 Population and Housing ...................................................................................................14 Public Services and Recreation........................................................................................14 Wildfire..............................................................................................................................15 Section 4: Environmental Impacts Found to be Less Than Significant (No Mitigation Required) 17 Aesthetics.........................................................................................................................17 Air Quality.........................................................................................................................18 Biological Resources........................................................................................................19 Cultural Resources...........................................................................................................19 Energy ..............................................................................................................................20 Geology and Soils ............................................................................................................21 Greenhouse Gas Emissions.............................................................................................22 Hazards and Hazardous Materials ...................................................................................22 Hydrology and Water Quality............................................................................................23 Land Use and Planning ....................................................................................................27 Noise ................................................................................................................................28 Population and Housing ...................................................................................................29 Public Services and Recreation........................................................................................30 Transportation ..................................................................................................................31 Utilities and Service Systems ...........................................................................................33 Section 5: Environmental Impacts Found to be Less Than Significant with Mitigation Incorporated 37 Air Quality.........................................................................................................................37 Biological Resources........................................................................................................39 Cultural Resources...........................................................................................................41 Geology and Soils ............................................................................................................41 Greenhouse Gas Emissions.............................................................................................46 Hazards and Hazardous Materials ...................................................................................47 Tribal Cultural Resources.................................................................................................48 Section 6: Alternatives to the Proposed Project 51 Alternatives Rejected from Further Consideration............................................................51 Alternatives Selected for Further Analysis........................................................................52 Section 7: Additional CEQA Considerations 55 Significant and Irreversible Environmental Changes (DEIR Section 5.1).........................55 Growth Inducing Impacts (DEIR Section 5.2)...................................................................55 Page 221 Speedway Commerce Center Project Findings of Fact Introduction City of Rancho Cucamonga ii January 2022 Mandatory Findings of Significance (DEIR Section 5.3)...................................................56 Section 8: General CEQA Findings 59 Section 9: Findings Regarding Recirculation 61 Section 10: Legal Effects of Findings 63 Page 222 Speedway Commerce Center Project Findings of Fact Introduction City of Rancho Cucamonga 1 January 2022 Section 1: Introduction This statement of Findings of Fact (Findings) addresses the environmental effects associated with the proposed Speedway Commerce Center Project (Project), as described in the Final Environmental Impact Report (FEIR). These Findings are made pursuant to the California Environmental Quality Act (CEQA) (California Public Resources Code [PRC] § 21000 et seq.), specifically PRC §§ 21081, 21081.5, and 21081.6, and the CEQA Guidelines (14 California Code of Regulations [CCR] 15000 et seq.), specifically §§ 15091 and 15093. The Draft EIR (DEIR) examines the full range of potential effects of construction and operation of the Project and identifies mitigation measures that will be employed to reduce, minimize, or avoid those potential effects. In accordance with, and in furtherance of the mandates contained in California Public Resources Code Section 21002 and related case law, the Project design reflects the identification and implementation of feasible mitigation measures to lessen identified environmental impacts, and the FEIR presented includes information on the environmental effects of the Project, including effects that are mitigated and those that, despite the inclusion of feasible mitigation measures, remain significant and unavoidable. 1.1 Purpose PRC § 21081, and CEQA Guidelines § 15091 require that the lead agency, in this case the City of Rancho Cucamonga (City), prepare written findings for identified significant effects, accompanied by a brief explanation of the rationale for each finding. PRC § 21081(a) affirmatively requires a lead agency make one or more of three possible findings in reference to each significant impact. In addition, PRC § 21081(b) requires an additional finding for impacts that include specific economic, legal, social, technological, and other considerations wherein the lead agency affirms that the project benefits outweigh the environmental impacts. CEQA Guidelines § 15091 states, in part, that: a) No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: 1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. 2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. Page 223 Speedway Commerce Center Project Findings of Fact Introduction City of Rancho Cucamonga 2 January 2022 3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. In accordance with PRC § 21081, and CEQA Guidelines § 15093 (Statement of Overriding Conditions [SOC]), whenever significant effects cannot be mitigated to below a level of significance, the decision-making agency is required to balance, as applicable, the benefits of the project against its unavoidable environmental risks when determining whether to approve the project. If the benefits of a project outweigh the unavoidable adverse environmental effects, the adverse effects may be considered “acceptable.” In that case, the decision-making agency may prepare and adopt an SOC, pursuant to the CEQA Guidelines. Section 15093 of the CEQA Guidelines provides: a) CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." b) When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the FEIR and/or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record. c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091. The FEIR identified potentially significant effects that could result from the project. The City finds that the inclusion of feasible mitigation measures as part of the approval of the Project will reduce all of those effects to less-than-significant levels. As required by CEQA, the City, in adopting these Findings, also adopts a Mitigation Monitoring and Reporting Program (MMRP) for the Project. The City finds that the MMRP, which is incorporated by reference and made a part of these Findings, meets the requirements of PRC § 21081.6, by providing for the implementation and monitoring of measures intended to mitigate potentially significant effects of the Project. In accordance with the CEQA Statutes and Guidelines, the City adopts these Findings for the Project. Pursuant to PRC § 21082.1(c)(3), the City also finds that these Findings reflect the City’s independent Page 224 Speedway Commerce Center Project Findings of Fact Introduction City of Rancho Cucamonga 3 January 2022 judgment as the lead agency for the Project (see Findings Section 1.4, CEQA Findings of Independent Judgment, Review and Analysis). 1.2 Records of Proceedings For the purposes of CEQA and these Findings, the record of proceedings for the Project includes all data and materials outlined in PRC § 21167.6(e), along with other Project-relevant information contained within the City’s files. Specifically, the record of proceedings for the City’s decision on the Project includes the following documents, all of which are incorporated by reference and are relied on in supporting these Findings: The Notice of Preparation (NOP), Notice of Availability (NOA), and all other public notices issued by the City in conjunction with the Project All written comments submitted by agencies, organizations, or members of the public during the public review comment period on the NOP The DEIR for the Project and all technical appendices, technical memoranda and documents relied upon or incorporated by reference All written comments submitted by agencies, organizations, or members of the public during the public review comment period on the DEIR and the City’s responses to those comments, including related referenced technical materials and DEIR errata The FEIR for the Project The MMRP for the Project All reports, studies, memoranda, maps, staff reports, or other planning documents relating to the Project prepared by the City or consultants to the City with respect to the City’s compliance with the requirements of CEQA and with respect to the City’s action on the Project All documents submitted to the City by other public agencies or members of the public in connection with the DEIR Any minutes and/or verbatim transcripts of all information sessions, public meetings, and public hearings held by the City in connection with the Project Any documentary or other evidence submitted to the City at such information sessions, public meetings, and public hearings All resolutions adopted by the City regarding the Project, and all staff reports, analyses, and summaries related to the adoption of those resolutions Page 225 Speedway Commerce Center Project Findings of Fact Introduction City of Rancho Cucamonga 4 January 2022 Matters of common knowledge to the City, including, but not limited to federal, state, and local laws and regulations Any documents expressly cited in these Findings, in addition to those cited above, and any other materials required for the record of proceedings by PRC § 21167.6(e) 1.3 Custodian and Location of Records The documents and other materials that, as a whole, make up the Record of Proceedings for the City’s actions related to the Project are located at the City of Rancho Cucamonga, Planning Department, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. The City, as the lead agency for the Project, is the custodian of the Record of Proceedings for the Project. 1.4 CEQA Findings of Independent Judgment, Review and Analysis Under CEQA, the lead agency must (1) independently review and analyze the EIR; (2) circulate draft documents that reflect its independent judgment; (3) as part of the certification of an EIR, find that the report or declaration reflects the independent judgment of the lead agency; and (4) submit copies of the documents to the State Clearinghouse if there is state agency involvement or if the project is of statewide, regional, or area-wide significance (PRC § 21082.1[c]). The Findings contained in this document reflect the City’s conclusions, as required pursuant to CEQA, for the Project. The City has exercised independent judgment, in accordance with PRC § 21082.1(c)(3), in the preparation of the EIR. The review, analysis and revision material prepared by the Project Applicant and its consultants, and the review, analysis, and revision of the EIR based on comments received during the public comment process. Having received, reviewed, and considered the information in the FEIR, as well as any and all other information in the record, the City hereby makes these Findings pursuant to and in accordance with PRC §§ 21081, 21081.5, and 21081.6. Page 226 Speedway Commerce Center Project Findings of Fact CEQA Findings: General City of Rancho Cucamonga 5 January 2022 Section 2: General CEQA Findings Pursuant to PRC § 21081 and CEQA Guidelines § 15091, no public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant effects on the environment that would occur if the project is approved or carried out unless the public agency makes one or more of the following findings with respect to each significant impact: 1. Changes or alterations have been required in, or incorporated into, the project which mitigates or avoid the significant effects on the environment. [referred to in these Findings as “Finding 1”]. 2. Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency. [referred to in these Findings as “Finding 2”]. 3. Specific economic, legal, social, technological, or other consideration, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report. (The concept of infeasibility also encompasses whether a particular alternative or mitigation measure promotes the Project’s underlying goals and objectives, and whether an alternative or mitigation measure is impractical or undesirable from a policy standpoint. See, California Native Plant Society v. City of Santa Cruz (2009) 177 Cal.App.4th 957; City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 410). [referred to in these Findings as “Finding 3”]. The City has made one or more of the required written findings for each significant impact associated with the Project. Those written findings, along with a presentation of facts in support of each of the written findings, are presented below. The City certifies these findings are based on full appraisal of all viewpoints, including all comments received up to the date of adoption of these findings, concerning the environmental issues identified and discussed. The mitigation measures adopted as part of the Project are feasible and mitigate the environmental impacts to the maximum extent feasible and possible as discussed in the findings made below. The FEIR includes minor clarifications to the DEIR. These changes made to the DEIR are shown in the FEIR in response to individual comments and are shown in strikethrough and underline text. Changes to mitigation measure, as shown in the FEIR Errata and MMRP, are also shown below in strikethrough and underline text. Thus, it is the finding of the City that such clarifying changes as described in the FEIR, do not present any new, significant information requiring recirculation or additional environmental review under PRC § 21092.1 and CEQA Guidelines § 15088.5. A MMRP for the Project has been adopted pursuant to the requirements of PRC § 21081.6 to ensure implementation of the adopted mitigation measures to reduce significant effects on the environment and Page 227 Speedway Commerce Center Project Findings of Fact CEQA Findings: General City of Rancho Cucamonga 6 January 2022 is included in the FEIR document. The City is the custodian of the documents and other material that constitute the record of the proceedings upon which certification of the FEIR for the Project is based, as described above in Section 1.3, Custodian and Location of Records. It is the finding of the City of Rancho Cucamonga’s City Council that the FEIR, as presented for review and approval, fulfills environmental review requirements for the Project, and that the document constitutes a complete, accurate, adequate, and good faith effort at full disclosure under CEQA, and reflects the independent judgment of the City. Page 228 Speedway Commerce Center Project Findings of Fact Environmental Impacts Found to Have No Impact City of Rancho Cucamonga 7 January 2022 Section 3: Environmental Impacts Found to Have No Impact For the following significance thresholds, the City finds that, based upon substantial evidence in the record, the proposed Project would have no impact; therefore, no mitigation is required, and no significant, unavoidable adverse impacts would occur. Aesthetics Impact 7.2-2: Would the Project substantially damage scenic resources, including but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway? Basis for Conclusion: Roadways surrounding the proposed Project area include Napa Street, Etiwanda Avenue, and Whittram Avenue. As discussed in the City’s General Plan EIR, scenic routes within the valley area of the County (which includes the southwestern section of the County located south of the San Bernardino and San Gabriel Mountains), where the proposed Project is located, are located in the eastern section of the valley area near the cities of Loma Linda, Redlands, and Yucaipa and in the southwestern corner of the County. Other scenic routes are in the mountain and desert regions, where natural settings remain. The closest State-designated Scenic Highway is Route. 142, from the Orange County Line to Peyton Drive.1,2 The intersection of Peyton Drive and Route. 142 is approx. 14.5 miles southeast of the proposed Project site. There are no officially designated county scenic highways in the County.3 Given the distance between the proposed Project Site and the nearest officially designated state scenic highways, the proposed Project would not substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway. Therefore, no impacts to scenic resources would be anticipated under the Project or Alternate Project. Supportive Evidence: Please refer to DEIR page 7.2. Agriculture and Forestry Services Impact 7.3-1: Would the Project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? Basis for Conclusion: According to the California Department of Conservation’s California Important Farmland Finder and Exhibit 4.2-1: Farmland Resources from the City’s General Plan EIR, the proposed Project site does not contain Prime Farmland, Unique Farmland, Farmland of Statewide Importance, or 1 Caltrans. 2017. California Scenic Highways. Available at https://www.arcgis.com/home/item.html?id=f0259b1ad0fe4093a5604c9b838a486a (accessed May 2020). 2 Caltrans. 2019. List of eligible and officially designated State Scenic Highways. Available at https://dot.ca.gov/-/media/dot- media/programs/design/documents/desig-and-eligible-aug2019_a11y.xlsx (accessed May 2020). 3 Caltrans. ND. Officially Designated County Scenic Highways. Available at https://dot.ca.gov/-/media/dot- media/programs/design/documents/od-county-scenic-hwys-2015-a11y.pdf (accessed May 2020). Page 229 Speedway Commerce Center Project Findings of Fact Environmental Impacts Found to Have No Impact City of Rancho Cucamonga 8 January 2022 Farmland of Local Importance. 4,5 The site is classified as Urban and Built-Up Land by the Farmland Finder and Exhibit 4.2-1. In addition, the Project site has largely been graded and leveled. Because implementation of the Project would not involve the conversion of Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to non-agricultural use, no impact would occur. Supportive Evidence: Please refer to DEIR page 7-6. Impact 7.3-2: Would the Project conflict with existing zoning for agricultural use, or a Williamson Act contract? Bases for Conclusion: According to the City’s General Plan Land Use Plan map (Figure LU-2 of the General Plan), the City does not have an agricultural land use designation. The City’s Development Code also does not have an agricultural zone, although agricultural uses are permitted under the following base zoning districts: Open Space (OS), Flood Control-Open Space (FC), and Utility Corridor-Open Space (UC). Additionally, according to the City’s General Plan, there are no lands within the City that are under a Williamson Act contract; therefore, no impacts related to Williamson Act contracts would occur. In addition, the Project site is classified as Urban and Built-Up Land by the Farmland Finder and according to Figure 6-9A: Prime Farmland – Valley Region from the County of San Bernardino General Plan, the Project site is not within a Williamson Act contract area. The Project site is zoned HI. According to Table 17.30.030-1: Allowed Land Uses and Permit Requirements by Base Zoning District, Agriculture Uses are not permitted under HI zoning.6 As a result, no impacts associated with agricultural zoning conflicts would occur. Supportive Evidence: Please refer to DEIR page 7-6. Impact 7.3-3: Would the Project conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? Impact 7.3-4: Would the Project result in the loss of forest land or conversion of forest land to non- forest use? Bases for Conclusion: The Project site would not conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code (PRC) Section 12220(g)), timberland (as defined by PRC Section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g)) given that the property is zoned HI and surrounded by properties zoned HI, KC/SP – Kaiser Commerce Center Specific Plan and IR – Regional Industrial (KC/SP and IR by San Bernardino 4 Rancho Cucamonga. 2010. Rancho Cucamonga 2010 General Plan Update Draft Program Environmental Impact Report. Exhibit 4.2-1. Available at https://www.dropbox.com/sh/micnzuy7wxmd8po/AABneqBoO_i2GiNyWkRX9OaRa?dl=0&preview=2010+General+Plan+EIR.pdf (accessed May 2020). 5 California Department of Conservation. 2016. California Important Farmland Finder. Available at https://maps.conservation.ca.gov/DLRP/CIFF/ (accessed May 2020). 6 Rancho Cucamonga. ND. Title 17 Development Code, Section 17.30.030 Allowed land uses and permit requirements. Available at http://qcode.us/codes/ranchocucamonga/view.php?topic=17-iii-17_30-17_30_030&frames=on (accessed May 2020). Page 230 Speedway Commerce Center Project Findings of Fact Environmental Impacts Found to Have No Impact City of Rancho Cucamonga 9 January 2022 County). Adjacent and surrounding properties to the Project Site are urban and built-up with industrial and commercial uses. The Project Site is currently undeveloped. The majority of the site has been leveled and graded and is covered over in dirt and sparse ruderal vegetation. Development/redevelopment of the Project site would not result in rezoning of forest land as it proposes industrial warehouses or an E-Commerce building with office space that would not result in a conflict with the zoning of, or need for other rezoning of, other parcels within the City. Operation activities for the Project and Alternate Project would not involve logging, forestry, or agricultural uses. Therefore, no impacts associated with conflicts with existing zoning for forest land or timberland would occur. Supportive Evidence: Please refer to DEIR page 7-7. Impact 7.3-5: Would the Project involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use? Basis for Conclusion: Due to the lack of existing farmland, forest lands, or areas zoned for agriculture, or timberlands on the Project site or immediately surrounding areas, development of the Project site would not involve changes in the existing environment which, due to their location or nature, could result in conversion of farmland to non-agricultural use or conversion of forest land to non-forest use. The nearest designated farmland and active agricultural operations are located approximately 2.25 miles northeast of the Project site. Construction of either the Project or Alternate Project would be limited to the same site and would not impact existing off-site agricultural operations. Further, operations for the Project and Alternate Project would not involve logging, forestry, or agricultural uses. Therefore, no impact would occur. Supportive Evidence: Please refer to DEIR page 7-7. Air Quality Impact 4.1-1: Would the Project conflict with or obstruct implementation of the applicable air quality plan? Basis for Conclusion: The Project area is within the South Coast Air Basin and therefore is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The SCAQMD has two criteria used to determine consistency with the Air Quality Management Plan (AQMP). The Project would comply with both of the AQMP’s criteria. Therefore, the Project would be compliant with the applicable AQMP. Supportive Evidence: Please refer to DEIR page 4.1-13 through 4.1-14. Page 231 Speedway Commerce Center Project Findings of Fact Environmental Impacts Found to Have No Impact City of Rancho Cucamonga 10 January 2022 Impact 4.1-4: Would the Project result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? Basis for Conclusion: During construction, emissions from construction equipment, such as diesel exhaust, and volatile organic compounds from architectural coatings and paving activities may generate odors. However, these odors would be temporary, are not expected to affect a substantial number of people and would disperse rapidly. Furthermore, the SCAQMD CEQA Air Quality Handbook identifies certain land uses as sources of odors. These land uses include agriculture (farming and livestock), wastewater treatment plants, food processing plants, chemical plants, composting facilities, refineries, landfills, dairies, and fiberglass molding. The Project would not include any of the land uses that have been identified by the SCAQMD as odor sources. As a result, the Project would not create objectionable odors. Therefore, no impacts related to odors would occur. Supportive Evidence: Please refer to DEIR pages 4.1-33 through 4.1-34. Biological Resources Impact 4.2.3: Would the Project have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Basis for Conclusion: The Project would not impact jurisdictional waters. The jurisdictional delineation performed for the Project site concluded that the Project site does not contain waters subject to the jurisdictions of the Corps, Regional Board, or California Department of Fish and Wildlife (CDFW). As such, the Project would not require a United States Army Corps of Engineers (Corps, or USACE) Clean Water Act (CWA) Section 404 Permit, a Regional Board CWA Section 401 Water Quality Certification or California Water Code (CWC) Section 13260 Waste Discharge Order, or a CDFW Section 1602 Streambed Alteration Agreement. Therefore, no impacts to jurisdictional waters would occur. Supportive Evidence: Please refer to DEIR page 4.2-30. Impact 4.2.4: Would the Project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Basis for Conclusion: The Project site is not located within a known migratory wildlife corridor nor does it serve as a wildlife nursery site. The site does not have any water resources that support fish species and the site would not be used as a migration corridor due to the presence of surrounding existing development/redevelopment. The Project site is predominately surrounded by areas that are disturbed, graded and roads that have been paved including Southern California Edison (SCE) utility properties and easement. Specifically, the Project site is adjacent to an approximate 425-foot utility easement to the west. To the north, west, and east boundary, the easement connects to substantially fragmented and previously disturbed/developed areas. The Project site is enclosed by existing fencing and is bounded by the BNSF railway to the north, Napa Street to the south, the fenced East Etiwanda Creek to the west, and Page 232 Speedway Commerce Center Project Findings of Fact Environmental Impacts Found to Have No Impact City of Rancho Cucamonga 11 January 2022 the fenced San Sevaine Channel to the east. The fencing that encloses the site limits any wildlife movement. The Project proposes new walls around the property, which would continue to limit any access to the site for wildlife movement. Further, the site is highly disturbed, lacks natural habitat or topography, and is predominantly surrounded by development. Therefore, no impacts to migratory wildlife or corridors would occur. Supportive Evidence: Please refer to DEIR page 4.2-30. Impact 4.2.5: Would the Project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Basis for Conclusion: The Project and Alternative Project would not conflict with any local policies or ordinances protecting biological resources. The City’s Development Code Section 17.80 protects trees from indiscriminate cutting or removal, with emphasis on the protection and expansion of eucalyptus windrows. The Biological Technical Report prepared for the Project did not identify any trees on the Project site, thus no trees would be removed during construction and the Project would be consistent with the City’s Municipal Code as it pertains to tree preservation. Because the site has been disturbed and there are no identified biological resources that are subject to such regulation, no impact would occur. Supportive Evidence: Please refer to DEIR pages 4.2-31. Impact 4.2.6: Would the Project conflict with the provisions of an adopted habitat conservation plan, natural community conservation plan, or other approved local, regional, or state habitat conservation plan? Basis for Conclusion: The Project site is not identified as a Conservation or Open Space Area in the City’s Open Space and Conservation Plan, as shown on Figure RC-1 of the City’s General Plan. Furthermore, the City does not have any areas that are covered by an adopted Habitat Conservation Plan (HCP), Natural Community Conservation Planning Act (NCCP), or other approved State Habitat Conservation Plan. As a result, the Project would not conflict with an adopted HCP NCCP, or other approved local, regional, or state habitat conservation plan. Therefore, impacts would be less than significant. Supportive Evidence: Please refer to DEIR page 4.2.31. Geology and Soils Impact 4.5-4: Would the proposed Project be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? Basis for Conclusion: Per Section 1803.2 Expansive Soil of the 1994 Uniform Building Code, “When the expansive characteristics of a soil are to be determined, the procedures shall be in accordance with U.B.C. Standard 18-2 and the soil shall be classified according to Table 18-1-B. The near-surface soils found Page 233 Speedway Commerce Center Project Findings of Fact Environmental Impacts Found to Have No Impact City of Rancho Cucamonga 12 January 2022 by SoCalGeo generally consist of sands and silty sands with no appreciable clay content and soils were visually classified as non-expansive. Therefore, no impact related to expansive soils would occur. Supportive Evidence: Please refer to DEIR page 4.5.19. Impact 4.5-5: Would the proposed Project have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Basis for Conclusion: No septic tanks or other alternative wastewater disposal systems are planned for the Project, this as the Project would be connected to the Cucamonga Valley Water District’s existing sewer system. Groundwater and wastewater systems are further discussed in Section 4.18 Utilities and Service, of this EIR. Supportive Evidence: Please refer to DEIR page 4.5.20. Hazards and Hazardous Materials Impact 4.7-3: Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Basis for Conclusion: The nearest school site, Redwood Elementary School is located approximately 1 mile to the northeast of the Project site. Construction of the Project would involve the transport, use, and disposal of hazardous materials on-site and off-site, which include fuels, paints, mechanical fluids, and solvents, but would not be present in such a quantity or used in such a manner that would pose a significant hazard to nearby schools. The routine transport, use, and disposal of hazardous materials must adhere to federal, state, and local regulations for transport, handling, storage, and disposal of hazardous substances. Compliance with the regulatory framework would ensure Project construction would not create a significant hazard to nearby schools. The Project does not propose any industrial uses which could generate hazardous emissions or involve the handling of hazardous materials, substances, or waste in significant quantities that would have an impact to surrounding schools. The types of hazardous materials that would be routinely handled would be limited to cleaners, paints, solvents, and fertilizers and pesticides for site landscaping, but would not be present in such a quantity or used in such a manner that would pose a significant hazard to nearby schools. Supportive Evidence: Please refer to DEIR page 4.7-21. Impact 4.7-5: For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the Page 234 Speedway Commerce Center Project Findings of Fact Environmental Impacts Found to Have No Impact City of Rancho Cucamonga 13 January 2022 project result in a safety hazard or excessive noise for people residing or working in the project area? Basis for Conclusion: The LA/Ontario International Airport is located approximately 4 miles southwest of the Project site. The Project site is not within the AIA, Safety Zones, Noise Impact Zones, Airspace Protection Zones or the Overflight Notification Zones (Maps 2-2 through 2-5 of the ONT ALUCP). Thus, the Project would not result in a safety hazard impact to people residing or working in the Project area, and no impact would occur. Supportive Evidence: Please refer to DEIR page 4.7-22 through 4.7-23. Impact 4.7-7: Would the project expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? Basis for Conclusion: According to CAL FIRE’s Fire and Resource Assessment Program, FHSZ Viewer, the Project site is not located in or near a State Responsibility Area (SRA); the nearest SRA to the development site is located approximately 4 miles to north. The Project site is located in a Local Responsibility Area. In addition, the Project site does not contain lands classified as a very high fire hazard severity zone (VHFHSZ). The closest VHFHSZs are located approximately four miles to the north and south of the Project site. Review of Exhibit 4.8-2: Fire Hazard Severity Zones of the City’s 2010 General Plan EIR further supports the finding that the Project site is not located in or near an SRA and the Project site is not within a VHFHSZ. No impact would occur in this regard. Supportive Evidence: Please refer to DEIR page 4.7-23 through 4.7-24. Land Use and Planning Impact 4.9-1: Would the project physically divide an established community? Basis for Conclusion: The Project or Alternate Project does not include construction of structures or other improvements that would be located between existing neighborhoods. The Project site is located on an undeveloped lot in the southeast portion of the City in an industrial development area. The site is surrounded by existing development but would not physically divide an established community. Additionally, the site is not located near an established community and does not propose a significant alteration of roadways that would disrupt residential uses to the north. The Project does not require or propose improvements to a highway or above ground infrastructure that would preclude or impede movement through the Project site or that which would cause permanent disruption to the existing physical arrangement of the surrounding community. While new development and improvements would occur, implementation of the Project would not physically divide an established community. Therefore, no impact associated with physically dividing an established community would occur. Supportive Evidence: Please refer to DEIR page 4.9-7 through 4.9-8. Mineral Resources Page 235 Speedway Commerce Center Project Findings of Fact Environmental Impacts Found to Have No Impact City of Rancho Cucamonga 14 January 2022 Impact 7.4-2: Would the Project result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Basis for Conclusion: Exhibit 4.11-1, Mineral Land Classification, of the City’s General Plan EIR and the Mineral Land Classification of a Part of Southwestern San Bernardino County: The San Bernardino Valley Area, California (West) map7 shows that the proposed Project site is located within Mineral Zone 3 (MRZ- 3), which means that aggregate resources are present, but their significance cannot be evaluated with present data. Also, according to the City’s General Plan EIR Exhibit 4.11-2, the Project site is not located in a regionally significant aggregate resource area. The Project site is within approximately 1.5 miles of one mine site: the Kaiser Fontana Mine. The mine was an open-pit sand and gravel mine, which has since been reclaimed.8 Review of historic aerial imagery dating back to 1938 indicates mining activities on the Project site have not occurred in recent history.9 Past land use appears to be for agricultural purposes. The Project site is currently undeveloped and does not involve the use or operation of extracting mineral resources. Further, the Project and the Alternate Project would not involve the production or depletion of locally significant mineral resources. Therefore, no impacts associated with the loss of availability of a known mineral resource would occur. Supportive Evidence: Please refer to DEIR page 7-8. Noise Impact 4.10-3: For a Project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? Basis for Conclusion: The closest airport is the Ontario International Airport and the southern border of the City is about one mile away from the airport’s 65 dBA CNEL noise contour.10 The Project site is not within 2.0 miles of a public airport or within an airport land use plan. Additionally, there are no private airstrips located within the Project vicinity. Therefore, no impacts related to exposing people residing or working in the Project area to excessive airport- or airstrip-related noise levels would occur. Supportive Evidence: Please refer to DEIR pages 4.10-26. Population and Housing 7 California Department of Conservation. 1995. Mineral Land Classification of a Part of Southwestern San Bernardino County: The San Bernardino Valley Area, California (West). Available at ftp://ftp.consrv.ca.gov/pub/dmg/pubs/ofr/OFR_94-08/OFR_94- 08_West.pdf (accessed May 2020). 8 DOC. 2016. Mines Online. https://maps.conservation.ca.gov/mol/index.html (accessed May 2020). 9 Historic Aerials. 2020. https://www.historicaerials.com/viewer (accessed January 2020). 10 City of Rancho Cucamonga, General Plan Update, May 2020. Page 236 Speedway Commerce Center Project Findings of Fact Environmental Impacts Found to Have No Impact City of Rancho Cucamonga 15 January 2022 Impact 7.5-2: Would the Project displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? Basis for Conclusion: The Project site is vacant. Neither of the Project nor the Alternate Project would require the demolition of residential properties that would displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere. Therefore, no impacts associated with the displacement of substantial numbers of people or housing would occur. Supportive Evidence: Please refer to DEIR page 7-9. Public Services and Recreation Impact 7.6-2: Would the proposed Project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Basis for Conclusion: Patricia Murray Park, located at 8040 Jamestown Circle in Fontana, is the closest park to the Project site. The park is located 3 roadway miles north of the Project site. However, the Project is warehouse buildings, or an E-Commerce building, with office space and does not propose any residential development or other land use that may generate a population that would increase the use of this park or any existing neighborhood or regional parks or other recreational facility. Implementation of the Project would not result in the increased use or substantial physical deterioration of an existing neighborhood or regional park. Therefore, no impact would occur. Supportive Evidence: Please refer to DEIR page 7-13. Impact 7.6-3: Would the proposed Project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Basis for Conclusion: The Project and Alternate Project propose the construction of a warehouse facility, or an E-Commerce building, with office space and associated infrastructure improvements. Neither the Project nor Alternate Project proposes, nor require, the construction or expansion of recreational facilities. The Project does not include the subdivision of land for residential use and therefore is not required to dedicate land or pay fees in lieu thereof, or combination of both, for park or recreational purposes. See Chapter 3.68: Park In-Lieu/Park Impact Fees of the Rancho Cucamonga Municipal Code for detailed information. Implementation of the Project would not have an adverse physical effect on the environment as it pertains to construction/expansion of recreational facilities. Therefore, no impacts would occur. Supportive Evidence: Please refer to DEIR page 7-14. Wildfire Page 237 Speedway Commerce Center Project Findings of Fact Environmental Impacts Found to Have No Impact City of Rancho Cucamonga 16 January 2022 Impact 7.7-1: Would the Project substantially impair an adopted emergency response plan or emergency evacuation plan? Basis for Conclusion: According to CAL FIRE’s Fire and Resource Assessment Program, Fire Hazard Severity Zone (FHSZ) Viewer, the Project site is not located in or near a State Responsibility Area (SRA); the nearest SRA to the development site is located approximately 4 miles to north. The Project site is located in a Local Responsibility Area. In addition, the Project site does not contain lands classified as a very high fire hazard severity zone (VHFHSZ).11 The closest VHFHSZs are located approximately four miles to the north and south of the Project site. Review of Exhibit 4.8-2: Fire Hazard Severity Zones of the City’s 2010 General Plan EIR further supports the finding that the Project site is not located in or near an SRA and the Project site is not within a VHFHSZ.12 Therefore, no impact associated with the substantial impairment of an adopted emergency response plan would occur. Supportive Evidence: Please refer to DEIR pages 7-14. Impact 7.7-2: Would the Project, due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? Basis for Conclusion: Refer to Impact 7.7-1 above. The Project site is not located in or near an SRA and the Project site does not contain lands classified as VHFHSZs. Neither the Project nor the Alternate Project would exacerbate wildfire risks or expose Project occupants to pollutant concentrations or the uncontrolled spread of a wildfire. Therefore, no impact would occur. Supportive Evidence: Please refer to DEIR pages 7-14 through 7-15. Impact 7.7-3: Would the Project require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? Basis for Conclusion: Refer to Impact 7.7-1 above. The Project site is not located in or near an SRA and does not contain lands classified as VHFHSZs. The Project and Alternate Project would include construction of warehouse facilities, or an E-Commerce building, with parking and landscaping included. Construction and operation of the Project or Alternate Project would not increase the risk of fire nor would it require the installation/maintenance of infrastructure that would exacerbate fire risk. Therefore, no impact would occur. Supportive Evidence: Please refer to DEIR page 7-15. 11 CAL FIRE. 2020. CAL FIRE, Fire and Resource Assessment Program, FHSZ Viewer. Available at https://egis.fire.ca.gov/FHSZ/ (accessed May 2020). 12 Rancho Cucamonga. 2010. Rancho Cucamonga 2010 General Plan Update Draft Program Environmental Impact Report. Exhibit 4.8-2. Available at https://www.dropbox.com/sh/micnzuy7wxmd8po/AABneqBoO_i2GiNyWkRX9OaRa?dl=0&preview=2010+General+Plan+EIR.pdf (accessed May 2020). Page 238 Speedway Commerce Center Project Findings of Fact Environmental Impacts Found to Have No Impact City of Rancho Cucamonga 17 January 2022 Impact 7.7-4: Would the Project expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? Basis for Conclusion: Refer to Impact 7.7-1 above. Neither the Project site nor Alternate Project are located in or near an SRA and do not contain lands classified as VHFHSZs. Because the site is located within a heavily urbanized area, it would not expose people or structures to significant risks as a result of runoff, post-fire slope instability, or drainage changes. Therefore, no impact would occur. Supportive Evidence: Please refer to DEIR page 7-15. Page 239 Speedway Commerce Center Project Environmental Impacts Found to be Findings of Fact Less Than Significant (No Mitigation Required) City of Rancho Cucamonga 18 January 2022 Section 4: Environmental Impacts Found to be Less Than Significant (No Mitigation Required) For the following significance thresholds, the City finds that, based upon substantial evidence in the record, the proposed Project would have a less than significant impact; therefore, no mitigation is required, and no significant, unavoidable adverse impacts would occur. Aesthetics Impact 7.2-1: Would the Project have a substantial adverse effect on a scenic vista? Basis of Conclusion: Scenic resources identified in the City’s 2010 General Plan include the San Gabriel and San Bernardino Mountains and foothills, vistas of the City from hillside areas, and other views of special vegetation and permanent open space features. The City recognizes other scenic resources, including remaining stands of eucalyptus windrows, scattered vineyards and orchards, and natural vegetation in flood-control channels and utility corridors13; however, none of these resources occur on the Project site. Prominent natural features visible from the Project site, include the San Gabriel (approx. 5 miles north), San Bernardino (approx. 13 miles northeast), and Jurupa (approx. 4 miles south) mountains. Views of these mountain ranges are available from the Project site and adjacent streets and properties. The Project site is located in a highly developed area with buildings and structures of varying heights. The Project would involve the development of two warehouse buildings. The proposed Building A height is anticipated to be up to 56 feet and Building B height anticipated to be up to 48 feet. Under the Alternate Project, only one warehouse building would be developed with a maximum height not to exceed 58’-6”. Buildings on the site would not exceed the maximum allowed 75-foot height limit in the HI Zoning District. Based on the proposed building heights, and the distance between the Project and surrounding mountain ranges (approx. 4 to 13 miles), views of these scenic features would remain unobstructed. Supportive Evidence: Please refer to DEIR pages 7-1 through 7-2. Impact 7.2-3: Would the Project, in non-urbanized area, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? Basis of Conclusion: The Project site is located in an urbanized area and the Project site is largely undeveloped, minus a railroad that traverses the proposed Project site. The majority of the site has been 13 Rancho Cucamonga. 2010. Rancho Cucamonga General Plan. Available at https://www.dropbox.com/sh/micnzuy7wxmd8po/AABneqBoO_i2GiNyWkRX9OaRa?dl=0&preview=GP+Chapters+1+-+9+Updated+09- 2019.pdf (accessed May 2020). Page 240 Speedway Commerce Center Project Environmental Impacts Found to be Findings of Fact Less Than Significant (No Mitigation Required) City of Rancho Cucamonga 19 January 2022 leveled and graded and is covered over in dirt and sparse ruderal vegetation. The proposed Project site is located within the City’s HI Zoning District, and the County’s General Industrial (GI) District. Project design would meet the City’s development standards/requirements for the HI Land Use Zoning Districts as required by the Rancho Cucamonga Development Code. Project development would be consistent with the general design principles outlined in the Community Design section of the General Plan. The Project and Alternate Project design and development would be consistent with City standards for HI zoning and would not conflict with the principles, goals and policies of the General Plan. Therefore, impacts on visual character would be less than significant under the Project and Alternate Project. Supportive Evidence: Please refer to DEIR pages 7-3 through 7-4. Impact 7.2-4: Would the Project create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Basis of Conclusion: Existing sources of light and glare in the immediate Project area include streetlights along Napa Street, and outdoor safety and security lighting associated with adjacent developments. The predominant source of light impacts from either the Project or Alternate Project would be related to the exterior lighting, building lighting, and vehicle headlights. To minimize effects from lighting and glare, Project lighting would be directed inward and downward and/or shielded to minimize the light from adversely affecting adjacent properties. Concrete tilt-up screen walls (8 feet in height) and landscaping/trees would also serve to block and filter mobile light sources, such as from passenger vehicles and trucks, from adversely affecting adjacent properties. The exterior façade would consist of non-reflective materials, such as concrete. In addition, the windows would be comprised of blue reflective glazing, which reduces glare over other transparent surfaces. Through these design features and adherence with the Development Code, impacts associated with new source of substantial light or glare would be less than significant for the Project and Alternate Project. Supportive Evidence: Please refer to DEIR pages 7-4 through 7-5. Air Quality Impact 4.1-3: Would the Project expose sensitive receptors to substantial pollutant concentrations? Basis for Conclusion: The Local Significance Threshold (LST) guidance provides thresholds for projects disturbing 1-, 2-, and 5-acres in size and the thresholds increase with size of the site. The nearest receptor is approximately 223 meters away. Therefore, the Project was analyzed using a conservative LST threshold for evaluation. The Project used a 3.5-acre threshold (the amount of disturbance proposed by the Project) were interpolated and utilized for the analysis. It was determined that construction related emissions of CO, NOx, PM10, and PM2.5. would not result in significant concentrations of pollutants at nearby sensitive receptors. Therefore, significant impacts related to LSTs would not occur during construction. The maximum daily operational emissions of CO, NOx, PM10, and PM2.5. would not result in significant concentrations of pollutants at nearby sensitive receptors. The same is true for the Alternate Project and Page 241 Speedway Commerce Center Project Environmental Impacts Found to be Findings of Fact Less Than Significant (No Mitigation Required) City of Rancho Cucamonga 20 January 2022 100 Percent E-Commerce Worst-Case Scenario. Therefore, overall impacts would remain less than significant. Supportive Evidence: Please refer to DEIR page 4.1-23 through 4.1-33. Biological Resources Impact 4.2.2: Would the Project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Wildlife or US Fish and Wildlife Service? Basis for Conclusion: The Project site does not support natural vegetation communities. The Project site is approximately 50-percent vegetated with mostly non-native herbaceous ruderal species. The Project site would impact 2.01 acres of developed lands of which 1.70 acres occur on-site and 0.30 acre is associated with the offsite improvement areas. The Project would impact 33.69 acres of disturbed lands that contain imported compacted material including gravel and road base. The Project would not impact riparian habitat or other sensitive natural communities identified in local or regional plans, policies, and regulations. Therefore, impacts on non-native vegetation communities or habitats would be less than significant. Supportive Evidence: Please refer to DEIR page 4.2-29. Cultural Resources Impact 4.3-1: Would the Project cause a substantial adverse change in the significance of a historical resource pursuant to §15064.5? Basis for Conclusion: Construction of the Project and Alternate Project would not cause a substantial adverse change in the significant of a historical or archaeological resource pursuant to Section 15064.5. 11 cultural resources deemed historical have been previously documented within one mile of the Project area. All of these resources date to the historic period and include three archaeological sites and eight built-environment (buildings and structures) resources. No prehistoric archaeological resources were identified within the record search area. The Project area lies within the mapped boundary of one of these resources, the Kaiser Steel Mill (CASBR-4131H). Previous cultural resources studies completed within the vicinity of the Project area found that by 2008, all of the major components of the mill had been demolished and the resource no longer existed. In addition, no evidence of the resource was identified during the May 5, 2020 pedestrian survey and archival information suggests this portion of the steel mill property was primarily used for agricultural purposes. Following completion of construction of the Project and disturbances of the site, the Project would include use for industrial warehousing. These land use operations would not impact any known or unknown historical resources. Because no historic resources were identified within in the Project site, implementation of the proposed Project would not be expected to cause a substantial adverse change to an historic resource. Page 242 Speedway Commerce Center Project Environmental Impacts Found to be Findings of Fact Less Than Significant (No Mitigation Required) City of Rancho Cucamonga 21 January 2022 Supportive Evidence: Please refer to DEIR pages 4.3-12 through 4.3-13. Impact 4.3-3: Would the Project disturb any human remains, including those interred outside of formal cemeteries? Basis for Conclusion: The Project site is located in an area mainly developed with industrial uses and is not located near a formal cemetery. The Project site was previously used primarily for agricultural uses and was more recently used as overflow parking associated with the adjacent Auto Club Speedway for races and other events. In 2005, a railroad spur was constructed that extended south of the Atchison, Topeka and Santa Fe (AT&SF) Railway line, through the Project site. Regardless of the possible absence of historical or archeological resources on-site, if human remains are discovered, those remains would require proper treatment in accordance with applicable laws, including HSC Sections 7050.5-7055 and PRC Section 5097.98 and Section 5097.99. It is unlikely that any human remains would be encountered given that the Project site is already disturbed. However, previously undiscovered human remains could be encountered during construction activities. If human remains are found during excavation, excavation would be halted in the vicinity of the find and any area that is reasonably suspected to overlay adjacent remains shall remain undisturbed until the County Coroner has investigated, and appropriate recommendations have been made for the treatment and disposition of the remains. Following compliance with the established regulatory framework (i.e., HSC Sections 7050.5-7055 and PRC Sections 5097.98 and 5097.99), the Project’s impacts concerning potential to disturb human remains, would be reduced to a less than significant. Supportive Evidence: Please refer to DEIR pages 4.3-14 through 4.3-15. Energy Impact 4.4-1: Would the Project result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during Project construction or operation? Basis for Conclusion: The Project would entail construction activities that would use energy, primarily in the form of diesel fuel (e.g., mobile construction equipment) and electricity (e.g., power tools). Contractors would be required to monitor air quality emissions of construction activities using applicable regulatory guidance such as from SCAQMD CEQA Guidelines. This requirement indirectly relates to construction energy conservation because when air pollutant emissions are reduced from the monitoring and the efficient use of equipment and materials, energy use is reduced. There are no aspects of the Project that would foreseeably result in the inefficient, wasteful, or unnecessary use of energy during construction activities. The same is true for Alternative Project and the 100 Percent E-Commerce Worst-Case Scenario. Furthermore, due to increasing transportation costs and fuel prices, Contractors and Owners have a strong financial incentive to avoid wasteful, inefficient, and unnecessary use of energy during construction. Page 243 Speedway Commerce Center Project Environmental Impacts Found to be Findings of Fact Less Than Significant (No Mitigation Required) City of Rancho Cucamonga 22 January 2022 None of the Project energy uses exceed one percent of their corresponding County use. Project operations would not substantially affect existing energy or fuel supplies or resources. The Project would comply with applicable energy standards and new capacity would not be required. Impacts would be less than significant in this regard. Supportive Evidence: Please refer to DEIR pages 4.4-9 through 4.4-22. Impact 4.4-2: Would the Project conflict with or obstruct a State or Local plan for renewable energy or energy efficiency? Basis for Conclusion: Project design and operation will comply with State Building Energy Efficiency Standards, appliance efficiency regulations, and green building standards. As discussed above in Impact 4.4-1, Project development will not cause inefficient, wasteful, and unnecessary energy use, and impacts will be less than significant. Supportive Evidence: Please refer to DEIR pages 4.4-22 through 4.4-23. Geology and Soils Impact 4.5-1: Would the project expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault (Refer to Division of Mines and Geology Special Publication 42)? Basis for Conclusion: According to the latest U.S Quaternary Faults data, the nearest quaternary earthquake fault to the proposed Project site is an unnamed fault near the City of Fontana. The unnamed fault is classified as a late quaternary fault, but not considered an Alquist-Priolo Fault. Furthermore, the Geotechnical Investigation Report conducted by SoCalGeo did not identify the Project site within an Alquist-Priolo fault zone. In addition, each proposed building would be designed using the latest California Building Codes to minimize impacts from seismic activity and other regulatory standards such as the Federal Emergency Management Agency (FEMA). FEMA provides standards for buildings to resist the effects of earthquake motions. Supportive Evidence: Please refer to DEIR pages 4.5-14 through 4.5-15. Impact 4.5-1: Would the project expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: ii. Seismic-related ground failure, including liquefaction? Page 244 Speedway Commerce Center Project Environmental Impacts Found to be Findings of Fact Less Than Significant (No Mitigation Required) City of Rancho Cucamonga 23 January 2022 Basis for Conclusion: The California Geological Survey (CGS) has not yet conducted detailed seismic hazards mapping in the area of the Project site according to the County’s Land Use Plan, General Plan, and Geologic Hazard Overlays Map. The County’s Map FH28 indicates that the subject site is not located within an area of liquefaction susceptibility. Furthermore, on-site subsurface conditions encountered by SoCalGeo geologists at the boring and trench locations indicates that liquefaction would not be considered a design concern for the Project. Therefore, impacts regarding ground failure, including liquefaction would be less than significant. Supportive Evidence: Please refer to DEIR pages 4.5-16. Impact 4.5-1: Would the project expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: iv. Landslides? Basis for Conclusion: The Project site is not located within or near extreme elevation differences that would potentially result in landslide effects. According to the San Bernardino County Geologic Hazard map, the Project site is not regionally located within a zone of generalized landslide susceptibility and is also outside of the hazard zone for rockfall/debris-flow14. Therefore, impacts resulting from landslides would be less than significant. Supportive Evidence: Please refer to DEIR page 4.5-16. Greenhouse Gas Emissions Impact 4.6-2: Would the Project conflict with an applicable plan, policy, or regulation of an agency adopted for the purpose of reducing GHG emissions? Basis for Conclusion: As shown in Table 4.6-6 of the DEIR, the Project would be consistent with the stated goals of the Southern California Association of Governments (SCAG) Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS). As shown in Table 4.6-7 of the DEIR, the Project is consistent with most of the strategies of the CARB Scoping Plan, while others are not applicable to the Project. Regarding goals for 2050 under Executive Order S-3-05, at this time it is not possible to quantify the emissions savings from future regulatory measures, as they have not yet been developed; nevertheless, it can be anticipated that operation of the Project would benefit from the implementation of current and potential future regulations (e.g., improvements in vehicle emissions, S.B. 100/renewable electricity portfolio improvements, etc.) enacted to meet an 80 percent reduction below 1990 levels by 2050. The Project would not conflict with any applicable plan, policy, or regulation of an agency adopted for reducing the emissions of GHGs because the Project would generate low levels of GHGs, and would 14 County of San Bernardino. (2010). San Bernardino County Land Use Plan General Plan Geologic Hazard Overlays. San Bernardino, CA: County of San Bernardino Page 245 Speedway Commerce Center Project Environmental Impacts Found to be Findings of Fact Less Than Significant (No Mitigation Required) City of Rancho Cucamonga 24 January 2022 not impede implementation of the Scoping Plan, or conflict with the policies of the Scoping Plan or any other GHG reduction plan. Supportive Evidence: Please refer to DEIR page 4.5-21 through 4.6-28. Hazards and Hazardous Materials Impact 4.7-4: Would the project be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? Environmental Analysis: The Project site is not included on the hazardous sites list compiled pursuant to California Government Code Section 65962.5.15 The Phase I Environmental Site Assessment (ESA) indicated there was one Recognized Environmental Condition (REC) (as defined by American Society for Testing and Materials (ASTM) Practice E 1527-13) identified in association with the Project site that required additional investigation. Therefore, a Phase II Investigation was conducted, which concluded pollutant concentrations found in soil associated with the REC was below applicable screening levels. Therefore, no significant adverse impacts relative to hazardous materials sites would result with Project implementation. Supportive Evidence: Please refer to DEIR page 4.7-22. Impact 4.7-6: Would the project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Environmental Analysis: No revisions to the adopted ReadyRC disaster preparedness manual would be required as a result of the proposed Project. Further, as identified in the LHMP, the City maintains an Emergency Operations Plan which is updated by the City’s Emergency Management Program. The proposed Project would not modify or impede existing emergency routes. Primary access to all major roads would be maintained during construction and operation of the proposed Project. By complying with the General Plan and participating in the City’s Impact Fee Program, implementation of the Project would result in a less than significant impact with respect to interference with an adopted emergency response plan or emergency evacuation plan. Supportive Evidence: Please refer to DEIR page 4.7-23. 15 California, State of, Department of Toxic Substances Control, DTSC's Hazardous Waste and Substances Site List - Site Cleanup (Cortese List). Available at: https://dtsc.ca.gov/dtscs-cortese-list/. Accessed: August 17, 2020. Page 246 Speedway Commerce Center Project Environmental Impacts Found to be Findings of Fact Less Than Significant (No Mitigation Required) City of Rancho Cucamonga 25 January 2022 Hydrology and Water Quality Impact 4.8-1: Would the proposed project violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality? Basis for Conclusion: The Project and Alternate Project construction-related activities would include excavation, grading, and trenching, which would displace soils and temporarily increase the potential for soils to be subject to wind and water erosion. Construction-related erosion effects would be addressed through compliance with the NPDES program’s Construction General Permit. Construction activity subject to the Construction General Permit includes any construction or demolition activity, including, but not limited to, clearing, grading, grubbing, or excavation, or any other activity that results in a land disturbance of equal to or greater than 1.0 acre. The Project would disturb approximately 35 acres and would be subject to the Construction General Permit. The Project will comply with NPDES and RCMC requirements, which include implementation of BMPs as a Condition of Approval, and therefore, the Project’s construction-related activities would not violate any water quality standards or otherwise substantially degrade surface or groundwater quality. Stormwater pollutants that would be produced during Project operation include pathogens, nutrients, noxious aquatic plants, sediment, metals, oil and grease, trash/debris, pesticides/herbicides, and organic compounds (Albert A. Webb Associates 2020). The Project Applicant would be required to prepare and implement a WQMP (Project’s Preliminary WQMP, prepared by Albert A. Webb Associates, is included as Appendix F to the DEIR), which is a Project site-specific post-construction water quality management program designed to minimize the release of potential waterborne pollutants, including pollutants of concern for downstream receiving waters. In addition to mandatory implementation of a WQMP, the NDPES program also requires industrial land uses to prepare a SWPPP for operational activities and to implement a long-term water quality sampling and monitoring program, unless an exemption has been granted. Therefore, impacts related to groundwater supplies and water quality standards during operations would be less than significant impact. Supportive Evidence: Please refer to DEIR pages 4.8-9 through 4.8-10. Impact 4.8-2: Would the proposed project substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? Basis for Conclusion: The Project would be developed within the FWC service area. FWC receives groundwater from multiple groundwater sources including the Chino Basin, the Lytle Basin, the Rialto-Colton Basin, and the No Man’s Land Basin. The proposed Project’s total water demand of 47 acre feet per year (AFY) would constitute approximately 0.47 percent of the FWC’s Chino Basin sourced groundwater in the year 2020. The FWC’s water supply is projected to increase through 2040 with a projected 18,093 sourced from the Chino Basin that year.16 The Project would comprise 0.26 percent of the projected Chino Basin sourced groundwater in the year 2040. This means that as FWC’s water supply increased through 2040, the proposed Project would continue to comprise a decreasing percentage of 16 Ibid. Page 247 Speedway Commerce Center Project Environmental Impacts Found to be Findings of Fact Less Than Significant (No Mitigation Required) City of Rancho Cucamonga 26 January 2022 that sourced groundwater. Therefore, impacts related to groundwater supplies would be less than significant impact. Supportive Evidence: Please refer to DEIR pages 4.8-10 through 4.8-11. Impact 4.8-3: Would the proposed project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: i. Result in substantial erosion or siltation on- or off-site? Basis for Conclusion: The Project and Alternate Project would include development of new warehousing buildings and hardscapes that would increase the amount of impermeable surface covering on the Project site compared to existing conditions. These proposed improvements may cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff. Per the Project’s Drainage Study, located in EIR Appendix F, on-site flows generated by the Project or Alternate Project, would surface flow through the site utilizing ribbon gutters, curb and gutters, and grate inlets. The Project would utilize subsurface storm drain systems that convey flows into the proposed underground corrugated metal pipe (CMP) detention systems. Higher flows would bypass the underground system and drain into the existing 36-inch storm drain line in Napa Street that discharges into San Sevaine Channel. Any runoff that exceeds the system's capacity would be directed to an existing underground system and begin to discharge into a proposed 24-inch line that would connect the existing East Etiwanda Creek reinforced concrete box (RCB) culvert in Napa Street. Further, the Project site is located mostly on land that is designated as having a minimal flood hazard. The NPDES, SWPPP, and WQMP created for the Project would minimize potential impacts from erosion and siltation. Further, an erosion control plan would also be implemented to further minimize potential siltation and erosion effects. Therefore, impacts related to erosion or siltation would be less than significant impact. Supportive Evidence: Please refer to DEIR pages 4.8-11 through 4.8-12. Impact 4.8-3: Would the proposed project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: ii. Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? Basis for Conclusion: The Project or Alternate Project would include development of one and two building(s), respectively, and hardscapes that would increase the amount of impermeable surface covering on the Project site compared to existing conditions. These proposed improvements may cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff. The Project site is also bounded along the eastern border by the San Sevaine Flood Control Channel, and along the western border by the Etiwanda Creek Channel. Despite the nearby flood control infrastructure, the Page 248 Speedway Commerce Center Project Environmental Impacts Found to be Findings of Fact Less Than Significant (No Mitigation Required) City of Rancho Cucamonga 27 January 2022 Project site is not located in a documented flood plain or floodway, nor is the Project within any special flood hazard areas.17 Further, the Project site contains a natural gradient slope downward to the south at a gradient of 2 percent, excluding the northwest plateau, northeast berm, and the southeast corner of the site. The southeast corner slopes gently to north at a gradient of 2.5 percent.18 As stated in Section 4.8.1, floodwaters would likely flow into and along the main channel of the East Etiwanda Creek. According to FEMA’s categorization, the Project site is not located within a documented flood plain or floodway or any special flood hazard areas. Therefore, impacts related to increasing rates of runoff would be less than significant impact. Supportive Evidence: Please refer to DEIR pages 4.8-13. Impact 4.8-3: Would the proposed project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: iii. Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? Basis for Conclusion: The existing Project site is comprised of largely vacant and undeveloped lands with asphaltic concrete driveways in the western portion of the site. Existing ground cover includes sparse to moderate native grass, weed growth, limited areas of debris and trash, limited areas of open-graded- gravel driveways, and exposed soils. All projects would be required to obtain a General Construction Permit. The General Construction Permit requires implementation of a SWPPP, which would include BMPs designed to protect the quality of storm water runoff. Preparation, implementation, and participation with both the NPDES General Permit and the General Construction Permit, including the SWPPP and BMPs, would reduce the potential for storm water flows, and any potential contaminants contained within those flows, to be conveyed off-site during construction of the Project. Per the Project’s Drainage Study, on-site flows generated by the Project would surface flow through the site utilizing ribbon gutters, curb and gutters, and grate inlets. The Project would utilize subsurface storm drain systems that convey flows into the proposed underground CMP detention systems. Higher flows would bypass the underground system and drain into the existing 36-inch storm drain line in Napa Street that discharges into San Sevaine Channel. In accordance with the NPDES, SWPPP, and WQMP required for the Project, BMPs would be implemented on-site to prevent runoff of sediment and pollutants entering the City’s existing stormwater system. Therefore, impacts related to runoff exceeding the capacity of existing or planned stormwater drainage systems would be less than significant impact. 17 Federal Emergency Management Agency (2016). FEMA Flood Map Service Center: Search By Address. Retrieved from: https://msc.fema.gov/portal/search?AddressQuery=napa%20street#searchresultsanchor (Accessed September 2020) 18 Southern California Geotechnical (2020). Geotechnical Investigation Proposed Commercial/Industrial Development North Side of Napa Street, East of Etiwanda Avenue Page 249 Speedway Commerce Center Project Environmental Impacts Found to be Findings of Fact Less Than Significant (No Mitigation Required) City of Rancho Cucamonga 28 January 2022 Supportive Evidence: Please refer to DEIR pages 4.8-14. Impact 4.8-3: Would the proposed project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: iv. Impede or redirect flood flow? Basis for Conclusion: Refer to discussion in Impact 4.8-3(ii). While the Project site is bounded by the San Sevaine Flood Control Channel and the Etiwanda Creek Channel, the site is not located in a documented flood plain or floodway, nor is the site located within any special flood hazard areas.19 The Project site’s natural gradient slope and FEMA’s designation of East Etiwanda Creek as a profile baseline led to the anticipation that flood flows would occur along the main channel of the Etiwanda Creek Main Channel. Therefore, impacts related to flood flows would be less than significant impact. Supportive Evidence: Please refer to DEIR pages 4.8-15. Impact 4.8-4: Would the proposed project in flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? Basis for Conclusion: FEMA does not categorize the Project site as being located within a documented floodplain or floodway or any special flood hazard areas. The Project site is located in FEMA Zone X which are areas determined to be outside of the 0.2% annual chance floodplain. Therefore, the Project site is not located within a flood hazard zone. The Project site is approximately 55 miles east of the Pacific Ocean and there are no nearby bodies of standing water. The nearest hydrological features to the Project site include East Etiwanda Creek and San Sevaine Flood Control Channel. Tsunamis and seiches do not pose hazards due to the Project site’s inland location and lack of nearby bodies of standing water. An analysis of hazards associated with the development of the Project are fully analyzed and discussed in Section 4.7, Hazards and Hazardous Materials which determined that no hazardous material would be released from the site. Therefore, potential impacts associated with inundation by flood hazard, tsunami, or seiche would be less than significant. Supportive Evidence: Please refer to DEIR pages 4.8-15 through 4.8-16. Impact 4.8-5: Would the proposed project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? Basis for Conclusion: The Project’s Geotechnical Investigation found no evidence of groundwater at a level that would be affected at the Project site.20 Further, the Project is not within a groundwater 19 Federal Emergency Management Agency (2016). FEMA Flood Map Service Center: Search By Address. Retrieved from: https://msc.fema.gov/portal/search?AddressQuery=napa%20street#searchresultsanchor (Accessed September 2020) 20 Southern California Geotechnical (2020). Geotechnical Investigation Proposed Commercial/Industrial Development North Side of Napa Street, East of Etiwanda Avenue Page 250 Speedway Commerce Center Project Environmental Impacts Found to be Findings of Fact Less Than Significant (No Mitigation Required) City of Rancho Cucamonga 29 January 2022 replenishment zone such as a recharge basin or spreading ground21. Further, the Project does not propose the modification of the existing East Etiwanda Creek Channel, or San Sevaine Flood Control Channel. The City’s Storm Water and Urban Runoff Management and Discharge Control Ordinance requires the creation of a WQMP in order to identify BMPs to be used to minimize harmful stormwater pollutants and discharge. The WQMP would be effective through the life of the Project and amended as necessary throughout its duration. Like the WQMP, the SWPPP and NPDES permit would be subject to review periodically through the duration of the Project to ensure compliance and maximum mitigation. The Project would be required to comply with all other applicable Federal, State, and local regulations regarding water quality and/or groundwater maintenance. With implementation of Mitigation Measures, impacts related to potential obstruction or modification of water quality control plans or groundwater management plans would be less than significant. Supportive Evidence: Please refer to DEIR pages 4.8-16 through 4.8-17. Land Use and Planning Impact 4.9-2: Would the Project cause a significant environmental impact due to a conflict with any plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? Basis for Conclusion: The Project would be consistent with the SCAG RTP/SCS, Rancho Cucamonga (General Plan) GP, and the County of San Bernardino Local Agency Formation Commission. With approval and implementation of the proposed General Plan Amendment (GPA), Pre-zone, and annexation, the Project would not result in a change in, or conflict with a land use or zoning designation that would result in potentially significant impacts. Therefore, impacts associated with any existing plan, policy, or regulation would be less than significant. Supportive Evidence: Please refer to DEIR pages 4.9-8 through 4.9-19. Mineral Resources Impact 7.4.1: Would the Project result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? Basis for Conclusion: Gravel deposits in the alluvial fans of the San Bernardino County valley represent the most significant and widely spread mineral resource in the region. Aggregates are essential ingredients in construction materials such as concrete, plaster and mortar. The Project would involve the development of two warehouse buildings and the Alternate Project would develop one building for E-Commerce use. Construction of the proposed Project and Alternate Project would demand aggregate 21 City of Rancho Cucamonga. (2010). Rancho Cucamonga General Plan Figure RC-3: Water Resources. Page RC-19. Rancho Cucamonga, CA: City of Rancho Cucamonga. Page 251 Speedway Commerce Center Project Environmental Impacts Found to be Findings of Fact Less Than Significant (No Mitigation Required) City of Rancho Cucamonga 30 January 2022 resources as part of the construction phase. These resources are commercially available in the southern California region without any constraint and no potential for adverse impacts to the natural resources base supporting these materials is forecast to occur over the foreseeable future. The proposed Project’s and Alternate Project’s demand for mineral resources would be minimal due to the abundance of available local aggregate resources. Therefore, impacts associated with the loss of availability of known mineral resources would be less than significant. Supportive Evidence: Please refer to DEIR page 7-8. Noise Impact 4.10-1: Would the Project generate a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Basis for Conclusion: Construction activities for the Project and Alternate Project would include site preparation, grading, building construction, paving, and architectural coating. Such activities would require graders, scrapers, and tractors during site preparation; graders, dozers, and tractors during grading; cranes, forklifts, generators, tractors, and welders during building construction; pavers, rollers, mixers, tractors, and paving equipment during paving; and air compressors during architectural coating. The nearest noise sensitive receptors come from the residential community 0.43 miles (2,244 feet) to the north. All construction equipment was assumed to operate simultaneously at a construction area nearest to sensitive receptors. Construction equipment would operate throughout the Project site and the associated noise levels would not occur at a fixed location for extended periods of time. These sensitive uses may be exposed to elevated noise levels during project construction. However, construction noise would be acoustically dispersed throughout the project site and not concentrated in one area near surrounding sensitive uses. As determined by the Project’s Traffic Impact Analysis (TIA), Site Plan A would generate 966 daily trips, which includes 596 passenger cars and 370 trucks. The resulting Project generated traffic would result in a maximum increase of 0.9 dBA. As the noise level increase is below 3.0 dBA, impacts would be less than significant. As determined by the Project’s TIA, the Project would generate 2,484 daily trips for the E-Commerce Scenario which includes 2,161 passenger cars and 323 trucks. The resulting Project generated traffic would result in a maximum increase of 1.9 dBA. As the noise level increase is below 3.0 dBA, impacts would be less than significant. Supportive Evidence: Please refer to DEIR pages 4.10-17 through 4.10-24. Page 252 Speedway Commerce Center Project Environmental Impacts Found to be Findings of Fact Less Than Significant (No Mitigation Required) City of Rancho Cucamonga 31 January 2022 Impact 4.10-2: Would the Project expose persons to or generate excessive ground borne vibration or ground-borne noise levels? Basis for Conclusion: Based on Federal Transit Administration (FTA) data, vibration velocities from typical heavy construction equipment operations that would be used during Project construction range from 0.003 to 0.089 in/sec PPV at 25 feet from the source of activity. FTA architectural damage criterion threshold is 0.2 in/sec. The nearest sensitive receptors are the residential uses approximately 2,244 feet to the north of the Project site. The nearest structure is a warehouse located approximately 93 feet to the north of the future construction zone. vibration velocities from construction equipment would not exceed 0.016 in/sec PPV, which is below the FTA’s 0.20 in/sec PPV threshold for building damage and below the 0.10 in/sec PPV annoyance threshold. It is also acknowledged that construction activities would occur throughout the Project site and would not be concentrated at the point closest to the nearest structure. Therefore, vibration impacts associated with Project construction and operation would be less than significant. Supportive Evidence: Please refer to DEIR pages 4.10-25 through 4.10-26. Population and Housing Impact 7.5-1: Would the Project induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Basis for Conclusion: The Project would have a beneficial effect on the City’s employment base by developing a site that is currently vacant with a new industrial/warehouse facility with ancillary office space. Given that the current unemployment rate for the Riverside-San Bernardino-Ontario area is approximately 4.0%,22 it is reasonably assured that the jobs would be filled by people living in the City, unincorporated County area, and surrounding communities, such as Fontana, Rialto, Jurupa Valley, and Ontario. Furthermore, the Project site is served by existing public roadways, and utility infrastructure is already installed beneath the public rights of way that abut the Project site (Napa Street). As a result, the Project would not be anticipated to induce substantial population growth in the project area. Therefore, impacts associated with substantial, unplanned population growth would be less than significant. Supportive Evidence: Please refer to DEIR page 7-9. Public Services and Recreation Impact 7.6-1: Would the Project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause 22 U.S. Bureau of Labor and Statistics. 2020. Economy at a Glance: Riverside-San Bernardino-Ontario, CA. https://www.bls.gov/eag/eag.ca_riverside_msa.htm (accessed May 2020). Page 253 Speedway Commerce Center Project Environmental Impacts Found to be Findings of Fact Less Than Significant (No Mitigation Required) City of Rancho Cucamonga 32 January 2022 significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services including those for fire prevention, police protection, schools, parks, and other public facilities? Basis for Conclusion: The Project would not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives. The Project and Alternate Project propose the construction of warehouse building(s) and associated infrastructure improvements. No governmental facilities are included in the Project design. Based on the Projects proximity to existing fire protection/fire stations, the Project would receive adequate fire protection service and would not result in adverse physical impacts associated with the provision of or need for new or physically altered fire protection facilities, and would not adversely affect service ratios, response times, or other performance objectives. There are no existing fire protection facilities that exist on the Project site, and therefore development of either the Project or Alternate Project would not conflict with existing fire structures or require modification of fire protection facilities. Compliance with applicable local and state regulations would ensure that Project implementation would result in a less than significant impact to fire protection services. Based on the Projects proximity to existing Police protection services, the Project would receive adequate police protection service and would not result in adverse physical impacts associated with the provision of or need for new or physically altered police protection facilities, and would not adversely affect service ratios, response times, or other performance objectives. There are no police protection facilities that exist on the Project site, and therefore, development of the Project and Alternate Project would not conflict with existing police structures or require modification of police protection facilities. Compliance with applicable local regulations would ensure that Project implementation would result in a less than significant impact to police protection services. Project implementation would not result in substantial adverse physical impacts associated with the provision of new or physically altered school facilities, need for new or physically altered school facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios or other performance objectives. The Project and Alternate Project would not conflict with existing school structures or require modification of school facilities. Compliance with applicable local and state regulations would ensure that Project implementation would result in a less than significant impact to school services. Project implementation would not result in substantial adverse physical impacts associated with the provision of new or physically altered park facilities, need for new or physically altered park facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios or other performance objectives. Page 254 Speedway Commerce Center Project Environmental Impacts Found to be Findings of Fact Less Than Significant (No Mitigation Required) City of Rancho Cucamonga 33 January 2022 Project implementation would not result in substantial adverse physical impacts associated with the provision of new or physically altered other public facilities, need for new or physically altered other public facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios or other performance objectives. Therefore, Project implementation would result in a less than significant impact to other public facilities. Supportive Evidence: Please refer to DEIR pages 7-9 through 7-13. Transportation Impact 4.11-1: Would the Project conflict with a program, plan, ordinance or policy, addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? Basis for Conclusion: The majority of the Project site is presently vacant and undeveloped, with the exception of asphaltic concrete driveways in the western portion of the site, overhead powerlines, and a railroad easement and rail spur. The railroad easement and rail spur extends from the center, southern portion of the site and curves towards the northeast corner property line. The site does not include any pedestrian, bicycle, or public transit facilities. Located on the western edge of the Project site is an existing road that is associated with the adjacent property to the north. As well, construction of the Project would provide newly paved internal roads to provide circulation throughout the Project site, including Buildings A and B. Construction of Site Plan A would require off-site circulation improvements to support operations through 2040. For opening year (2022), the Project would be required to improve phasing on the I-15 Southbound Ramp and 4th Street intersection which would include the addition of overlap phasing to the northbound, southbound, and westbound right turn lanes to optimize the cycle lengths. These improvements are not included in any fee program, but a fair share contribution has been calculated. The Project’s circulation elements for Site Plan A and Site Plan B would be consistent with the City’s General Plan elements pertaining to the land use and mobility (circulation) system, including transit, roadway, bicycle and pedestrian facilities. The Project would comply with Americans with Disabilities Act (ADA) Standards for Accessible Designs to be readily accessible to and usable by individuals with disabilities. The Project would also be compliant with Caltrans’ construction practice requirements by developing and implementing a temporary traffic control plan for construction activities that interfere with the normal function of a roadway. The Project would comply with Federal and State Manual on Traffic Control Devices (MUTCD) standards to install and maintain traffic-control devices on all public streets, highways, bikeways, and private roads that are open to public traffic. Therefore, the Project would not conflict with a program, plan, ordinance or policy, addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities. Therefore, impacts under the Warehouse Scenario and E-Commerce Scenario would be less than significant. Page 255 Speedway Commerce Center Project Environmental Impacts Found to be Findings of Fact Less Than Significant (No Mitigation Required) City of Rancho Cucamonga 34 January 2022 Supportive Evidence: Please refer to DEIR pages 4.11-29 through 4.11-38. Impact 4.11-2: Would the Project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? Basis for Conclusion: Construction of the Project would be a temporary activity not associated with a specific land use. Although there would be vehicle trips and vehicle miles traveled associated with construction workers, excavation, and transport of materials and equipment, these activities do not fall squarely into the primary goals of SB 743, which is to reduce reliance on individual automobiles and promote multi-modal transportation networks through effective land use planning. In addition, impacts from construction-related activities are captured in the analysis of air quality and greenhouse gas emissions for the Project. The Site Plan A Project would not exceed the City’s VMT per service for either the baseline (without Project) or plus-Project scenarios. As a result, the Site Plan A would not conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b). Site Plan B Project would also not exceed the City’s VMT per service in either baseline (without Project) or with-Project scenarios. As a result, the Project would not conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b). Therefore, impacts would be less than significant. Supportive Evidence: Please refer to DEIR pages 4.11-38 through 4.11-42. Impact 4.11-3: Would the Project substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Basis for Conclusion: Construction impacts associated with the Project, the Alternate Project, and 100 Percent E-Commerce Worst-Case Scenario may temporarily restrict vehicular traffic or cause temporary hazards. Access to the Project site would be provided via four driveways along Napa Street and a new public street. Depending on the development scenario implemented, some driveways would be exclusively for vehicle traffic, with others providing access for both vehicles and trucks. Driveways would be continually maintained to allow for the safe ingress and egress to/from the Project site. Additionally, driveways would be designed in accordance with all applicable design and safety standards required by adopted fire codes, safety codes, and building codes established by the City’s Engineering and Fire Departments. The Project Construction Manager would implement necessary traffic control measures in conformance with the City’s construction permit requirements, Lane Closure Permit, and Encroachment Permit requirements. Further measures would be taken to provide adequate access to and from the Project site as needed. As a result, the Project would not result in increased hazards due to design features from the Project site. Supportive Evidence: Please refer to DEIR pages 4.11-42 through 4.11-43. Page 256 Speedway Commerce Center Project Environmental Impacts Found to be Findings of Fact Less Than Significant (No Mitigation Required) City of Rancho Cucamonga 35 January 2022 Impact 4.11-4: Would the Project result in inadequate emergency access? Basis for Conclusion: The Project would not be anticipated to result in any significant emergency access impacts during construction. In case of an emergency, the Project’s construction manager would have assigned staff to flag emergency response vehicles and direct them to the emergency location. Unimpeded access would be provided throughout the Project site by ensuring construction vehicles are not be parked or placed in a manner that would impede access for emergency response vehicles. Site conditions, during and after the workday, would be either maintained or left in a condition that adheres to Division of Occupational Safety and Health (OSHA) safety standards to prevent any hazardous condition that may affect construction staff and emergency responders. Access roads throughout the Project site would be constructed for use by construction staff/inspectors, construction equipment and materials delivery/removal, and emergency response vehicles. Access roads would be maintained in good condition in order to allow for the safe passage for emergency response vehicles. As a result, the Project would not result in inadequate emergency access at off-site construction locations. Supportive Evidence: Please refer to DEIR pages 4.11-43 through 4.11-44. Utilities and Service Systems Impact 4.13-1: Would the Project require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? Basis for Conclusion: The Project and Alternate Project propose the construction of one and two building(s), respectively, and associated infrastructure improvements. All required improvements to existing electrical, natural gas, or telecommunications utilities would occur within the existing right-of-way’s. All areas adjacent to the existing roadways also are heavily disturbed and are within the overall footprint of Project and any impacts are therefore, discussed and disclosed as part of this Draft EIR within the various sections of this document. Therefore, impacts associated with extension of services in these areas and within the site, are less than significant. The Project’s Drainage Study concluded that with the proposed system, the Project could adequately convey flows and provide flood protection for the 100-year storm event. Further, the Drainage Study found that the CMP detention system would adequately treat on-site flows and would not impact flooding conditions to upstream or downstream properties. The Project would include construction of the necessary water infrastructure to provide potable water to the proposed Project. Internal to the Project, no new water mains are anticipated. Both buildings A and B are anticipated to require two 12-inch water lines, extending from the existing water main in Napa Street to each of the buildings to provide water supply for fire protection. No additional relocation or construction of new or expanded water supply would be necessary to meet the Project’s water demand. Improvements to facilitate wastewater service to the Project site would consist of tie-ins to existing CVWD sewer lines and the Project would be required to meet Santa Ana RWQCB wastewater requirements. As a result, the increase in daily wastewater Page 257 Speedway Commerce Center Project Environmental Impacts Found to be Findings of Fact Less Than Significant (No Mitigation Required) City of Rancho Cucamonga 36 January 2022 generated by the Project would be minimal and no expansion of sewer pipelines or wastewater facilities would be required Communications infrastructure exists in the Project area and it is not anticipated that new or expanded communication facilities would be required to serve the Project site. It is anticipated that the Project would require some amount of natural gas to support future operations, which would be supplied by SCGC. Similar to electrical services, natural gas lines already exist in the Project area. Additionally, it is not anticipated that new or expanded gas supply facilities would be required to serve the Project site. Additionally, there are overhead SCE powerlines present along the northern property line of the Project site. The relocation of the overhead lines from the center of the property to the southern property line, would not reduce services or require the construction of additional facilities, but would facilitate the development of the site. Therefore, impacts related to the expansion of utilities to serve the Project would be less than significant and no mitigation is required. Supportive Evidence: Please refer to DEIR pages 4.13-15 through 4.13-18. Impact 4.13-2: Would the Project have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? Basis of Conclusion: The Project is estimated to result in an average potable water building demand of 37 AFY and a landscape demand of 10 AFY with a total demand of 51 AFY. FWC’s available water supplies would be sufficient to meet all present and future water supply requirements of the Project, as well as demands from other planned and potential developments within FWC’s service area between now and 2040, including single and multiple dry years. Therefore, impacts related to insufficient water supplies for the Project and reasonably foreseeable future development would be less than significant. Supportive Evidence: Please refer to DEIR pages 4.13-18 through 4.13-20. Impact 4.13-3: Would the Project result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? Basis of Conclusion: The Project proposes an approximately 655,878 sf of warehouse buildings with ancillary office spaces on 35.38 acres. The Alternate Project would develop a single fulfilment/E-Commerce building, Building A only (500,648 sf), for fulfillment use with ancillary office space. The Project would produce wastewater at a rate of approximately 29,300 gpd. This rate is equal to 0.2 percent of RP-4’s capacity of 14 MGD and 0.07 percent of RF-1’s treatment capacity of 44 MGD. As a result, the FWC would have sufficient treatment capacity to serve the Project and its existing customers. Therefore, impacts related to insufficient wastewater treatment capacity would be less than significant impact. Supportive Evidence: Please refer to DEIR pages 4.13-20. Page 258 Speedway Commerce Center Project Environmental Impacts Found to be Findings of Fact Less Than Significant (No Mitigation Required) City of Rancho Cucamonga 37 January 2022 Impact 4.13-4: Would the Project generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? Basis of Conclusion: The Project and Alternate Project is anticipated to generate solid waste during the temporary, short-term construction phase, as well as the operational phase, but it would not be anticipated to result in inadequate landfill capacity. According to CalRecycle’s Estimated Solid Waste Generation Rates, a warehouse facility similar to the Project is estimated to produce 13.82 pounds of waste per employee per day.23 The estimated number of employees to operate the facility under the Project (worst-case) would be approximately 1,172 people and approximately 750 under the Alternate Project. The 1,172 employees under the Project equates to approximately 16,197 pounds (8 tons) of waste per day from Project-related activities, which would account for approximately 0.11 percent of the Mid-Valley Sanitary Landfill’s maximum daily throughput of 7,500 tons per day. Further, the Project, as with all other development in the City, would be required to adhere to City ordinances with respect to waste reduction and recycling. For these reasons, the Project’s solid waste disposal needs during construction and operation could be met by the Mid-Valley Sanitary Landfill. Therefore, impacts related to the generation of excess solid waste would be less than significant. Supportive Evidence: Please refer to DEIR pages 4.13-20 through 4.13-21. Impact 4.13-5: Would the Project have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? Basis of Conclusion: The Project and Alternate Project would comply with applicable local, state, and federal regulations regarding solid waste, including those of the City. Rancho Cucamonga Municipal Code Section 8.17 provides policies and regulation regarding solid waste handling by both customers and collectors. In coordination with Burrtec Waste Management, the Project would comply with the City’s various programs to increase recycling efforts. In addition, the City implements AB 939 source reduction and recycling measures to reduce solid waste generation and has been found to be compliant with AB 939. Therefore, impacts related to compliance with solid waste reduction statutes and regulations would be less than significant. Supportive Evidence: Please refer to DEIR pages 4.13-21 through 4.13-22. 23 CalRecycle. 2020. Estimated Solid Waste Generation Rates. https://www2.calrecycle.ca.gov/WasteCharacterization/General/Rates#Industrial. Accessed October 14, 2020. Page 259 Speedway Commerce Center Project Environmental Impacts Found to be Findings of Fact Less Than Significant (No Mitigation Required) City of Rancho Cucamonga 38 January 2022 This page intentionally left blank. Page 260 Speedway Commerce Center Project Environmental Impacts Found to be Findings of Fact Less Than Significant with Mitigation Incorporated City of Rancho Cucamonga 39 January 2022 Section 5: Environmental Impacts Found to be Less Than Significant with Mitigation Incorporated Pursuant to PRC § 21081(a) and CEQA Guidelines § 15091(a)(1), based on substantial evidence, the City finds that for each of the impacts discussed below the Project’s potentially significant impacts have been avoided, offset or reduced to less than significant levels in consideration of existing regulatory plans and programs (described in the DEIR Section 4 for each applicable impact topic), PDFs (summarized in Findings Table 1), and EIR mitigation measures (as listed in Resolution Attachment 5d, Mitigation Monitoring and Reporting Program [MMRP], and summarized below). Air Quality Impact 4.1-2: Would the Project result in a cumulatively considerable net increase of any criteria pollutant for which the Project region is non-attainment under an applicable state or federal ambient air quality standard? Environmental Analysis: Construction associated with the Project would generate short-term emissions of criteria air pollutants. The criteria pollutants of primary concern within the Project area include O3- precursor pollutants (i.e., ROG and NOX) and PM10 and PM2.5. Construction-generated emissions are short term and of temporary duration, lasting only as long as construction activities occur, but would be considered a significant air quality impact if the volume of pollutants generated exceeds the SCAQMD’s thresholds of significance. All criteria pollutant emissions associated with construction of the Project would remain below their respective thresholds. As well, all criteria pollutant emissions associated with construction of the Alternate Project would remain below their respective thresholds. Finally, Construction emissions attributable to the 100 Percent E-Commerce Worst Case Scenario would remain below their respective thresholds. However, operations associated with the Project would exceed the SCAQMD threshold for NOX. The majority of NOX emissions are from area and mobile sources. Mitigation measures would be required to reduce emissions to the extent feasible; however, emissions of motor sources are controlled by State and Federal standards and the Project has no jurisdiction over these standards. Mitigation Measures: Based upon the analysis presented in Section 4.1, Air Quality of the DEIR, which is incorporated herein by reference, the following Mitigation Measures are feasible and are made binding through the MMRP. Imposition of these mitigation measures will reduce potentially significant impacts to less than significant. MM AQ-1: Prior to issuance of occupancy permits for the Project, the Project operator shall prepare and submit a Transportation Demand Management (TDM) program for review and approval of the City of Rancho Cucamonga detailing strategies that would reduce the use of single-occupant vehicles by employees by increasing the number of trips by walking, bicycle, carpool, vanpool and transit. Page 261 Speedway Commerce Center Project Environmental Impacts Found to be Findings of Fact Less Than Significant with Mitigation Incorporated City of Rancho Cucamonga 40 January 2022 The TDM shall include, but is not limited to the following: Provide a transportation information center and on-site TDM coordinator to educate residents, employers, employees, and visitors of surrounding transportation options; Promote bicycling and walking through design features such as showers for employees, self- service bicycle repair area, etc. around the project site; Provide on-site car share amenities for employees who make only occasional use of a vehicle, as well as others who would like occasional access to a vehicle of a different type than they use day- to-day; Promote and support carpool/vanpool/rideshare use through parking incentives and administrative support, such as ride-matching service; and Incorporate incentives for using alternative travel modes, such as preferential load/unload areas or convenient designated parking spaces for carpool/vanpool users. Provide meal options onsite or shuttles between the facility and nearby meal destinations. MM AQ-2: For the Project, electrical hookups shall be provided at all loading bays for truckers to plug in any onboard auxiliary equipment and power refrigeration units while their truck is stopped. MM AQ-3: All truck access gates and loading docks (both interior- and exterior-facing signs) within the Project site shall have a sign posted that states: Truck drivers shall turn off engines when not in use. Truck drivers shall shut down the engine after five minutes of continuous idling operation. Once the vehicle is stopped, the transmission is set to “neutral” or “park,” and the parking brake is engaged. Telephone numbers of the building facilities manager and CARB to report Violations. MM AQ-4: The Project will require contractors and building operator(s) (by contract specifications) to utilize on-road heavy-duty diesel trucks with a gross vehicle weight rating greater than 14,000 pounds to meet or exceed 2010 engine emission standards or to be equipped with a particulate matter trap (as available) or to be powered by natural gas, electricity, or other diesel alternative. MM AQ-5: Prior to the issuance of building permits for the Project, the City of Rancho Cucamonga Building and Safety Department shall confirm that applicable Project plans and specifications indicate that refrigerated space for the Project does not exceed 56,000 square feet. Page 262 Speedway Commerce Center Project Environmental Impacts Found to be Findings of Fact Less Than Significant with Mitigation Incorporated City of Rancho Cucamonga 41 January 2022 MM AQ-6: Post signs at every truck exit driveway providing directional information to the truck route., so that trucks will not travel on Arrow Route and Foothill Boulevard next to or near sensitive land uses (e.g., residences). MM AQ-7: The Applicant shall make its tenants aware of the funding opportunities, such as the Carl Moyer Memorial Air Quality Standards Attainment Program (Moyer Program), and other similar funding opportunities, by providing applicable literature available from the California Air Resources Board (CARB). The Moyer Program On-Road Heavy-Duty Vehicles Voucher Incentive Program (VIP) provides funding to individuals seeking to purchase new or used vehicles with 2013 or later model year engines to replace an existing vehicle that is to be scrapped. Finding: Pursuant to Public Resources Code Section 20181(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant effect on the environment to below a level of significance. Supportive Evidence: Please refer to DEIR page 4.1-14 through 4.1-23. Biological Resources Impact 4.2-1: Would the Project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? Environmental Analysis: The Project would be developed on a previously vacant and disturbed site. Construction activities would include the demolition of existing infrastructure including utilities, road improvements associated with the easement on the west side of the property, and relocation of the overhead utility line. The site is located in an area that is surrounded by developed industrial property with infrastructure including roadways, electrical, and utilities. The Project site is bordered to the west by the East Etiwanda Creek and to the east by San Sevaine Channel. There are no trees on the site, however, the Project site contains ground cover and shrubs that provide suitable habitat for nesting migratory birds. Thus, there is a potential for nesting bird impacts to occur. The habitat assessment conducted for the Project included focused plant surveys conducted in April, June, and August of 2020. No special-status plants were detected at the Project site and none are expected to occur due to a lack of suitable habitat. The Project would not impact special-status plants due to a lack of suitable habitat for all species and the high level of site disturbance. The Project would result in the loss of habitat that supports or potentially supports one listed special-status species: Swainson’s hawk. The Project would also result in the loss of habitat that supports or potentially supports two non-listed special- status species: golden eagle and San Diego black-tailed jackrabbit. With the implementation of Mitigation Measures, potential construction impacts to special-status animals would be less than significant. Page 263 Speedway Commerce Center Project Environmental Impacts Found to be Findings of Fact Less Than Significant with Mitigation Incorporated City of Rancho Cucamonga 42 January 2022 Mitigation Measures: Based upon the analysis presented in Section 4.2, Biological Resources of the DEIR, which is incorporated herein by reference, the following Mitigation Measures are feasible and are made binding through the MMRP. Imposition of these mitigation measures will reduce potentially significant impacts to less than significant. MM BIO-1: In accordance with the CDFG Staff Report on Burrowing Owl (2012), a qualified biologist shall conduct a pre-construction presence/absence survey for burrowing owls between 30 and 14 days prior to site disturbance. If burrowing owls are detected on-site, the qualified biologist shall contact California Department of Fish and Wildlife (CDFW) and conduct an impact assessment in accordance with Staff Report on Burrowing Owl Mitigation prior to commencing project activities to determine appropriate mitigation, including the acquisition and conservation of occupied replacement habitat at no less than a 2:1 ratio and the owls shall be relocated/excluded from the site outside of the breeding season following accepted protocols, and subject to approval by CDFW. A qualified biologist shall prepare and submit a passive relocation program in accordance with Appendix E (i.e., Example Components for Burrowing Owl Artificial Burrow and Exclusion Plans) of the CDFW’s Staff Report on Burrowing Owl Mitigation (CDFG 2012) for CDFW review/approval prior to the commencement of disturbance activities onsite. When a qualified biologist determines that burrowing owls are no longer occupying the Project site and passive relocation is complete, construction activities may begin. A final letter report shall be prepared by the qualified biologist documenting the results of the passive relocation. The letter shall be submitted to CDFW. Prior to passive relocation, suitable replacement burrows site(s) shall be provided within adjacent open space lands and/or other off-site lands, as approved by CDFW at a ratio of 2:1 and permanent conservation and management of burrowing owl habitat such that the habitat acreage, number of burrows and burrowing owl impacts are replaced consistent with the Staff Report on Burrowing Owl Mitigation including its Appendix A within designated adjacent conserved lands identified through coordination with CDFW. A qualified biologist shall confirm the natural or artificial burrows on the conservation lands are suitable for use by the owls. Monitoring and management of the replacement burrow site(s) shall be conducted and a reporting plan shall be prepared. The objective shall be to manage the replacement burrow sites for the benefit of burrowing owls (e.g., minimizing weed cover), with the specific goal of maintaining the functionality of the burrows for a minimum of 2 years. MM BIO-2: Vegetation clearing should be conducted outside of the nesting season (typically February 1 through August 31). If avoidance of the nesting season cannot be accomplished, then a qualified biologist shall conduct a nesting bird survey in all suitable areas including trees, shrubs, bare ground, burrows, cavities, and structures, at the appropriate time of day/night, during appropriate weather conditions within three days prior any disturbance of the site, including disking and grading. Pre-construction surveys shall focus on both direct and indirect evidence of nesting, including nest locations and nesting behavior (e.g., copulation, carrying of food or nest materials, nest building, removal of fecal sacks, flushing suddenly from atypically close range, agitation, aggressive interactions, feigning injury or distraction displays, or other behaviors). If active nests are identified, the biologist shall establish suitable buffers around the nests, and the buffer areas shall be avoided until the nests are no longer occupied and the juvenile birds Page 264 Speedway Commerce Center Project Environmental Impacts Found to be Findings of Fact Less Than Significant with Mitigation Incorporated City of Rancho Cucamonga 43 January 2022 can survive independently from the nests. Typically established buffers are greater for raptors than songbirds and depend upon the species, the nesting stage, and type of construction activity proposed. The buffer should generally be a minimum of 300 feet for raptors and 100 feet for songbirds; unless a smaller buffer is specifically determined by a qualified biologist familiar with the nesting phenology of the nesting species. Finding: Pursuant to Public Resources Code Section 20181(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant effect on the environment to below a level of significance. Supportive Evidence: Please refer to DEIR page 4.-26 through 4.2-28. Cultural Resources Impact 4.3-2: Would the Project cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? Environmental Analysis: Although the presence of creeks and washes within the Project vicinity suggests the area may have been attractive to prehistoric groups both as a source of water and resource procurement area, the lack of identified prehistoric resources suggests the Project site is not highly sensitive to prehistoric archaeological remains. Further, because the Project site was primarily used for agricultural purposes, it is unlikely to contain significant historic period archaeological deposits. Following completion of construction of the Project and disturbances of the site, the proposed Project would include use for industrial warehousing. These land use operations would not impact any known or unknown historical resources. However, in the event that that a potentially significant archaeological resource is encountered during Project-related ground-disturbing activities, Mitigation Measures would further minimize potential impacts to human remains. Mitigation Measures: Based upon the analysis presented in Section 4.3, Cultural Resources of the DEIR, which is incorporated herein by reference, the following Mitigation Measures are feasible and are made binding through the MMRP. Imposition of these mitigation measures will reduce potentially significant impacts to less than significant. MM CUL-1: In the unlikely event that cultural resources are exposed during construction of the Project, all ground disturbing activities within 100-feet of the potential resource(s) shall be suspended. A qualified archaeologist, meeting the Secretary of the Interior’s Professional Qualification Standards, shall evaluate the significance of the find and determine whether or not additional study is warranted. Depending upon the significance of the find, the archaeologist may simply record the find and allow work to continue. If the discovery proves significant under CEQA, additional work, such as preparation of an archaeological treatment plan, testing, or data recovery, may be warranted and shall be submitted to the Development Services Director or his/her designee. If the resource(s) are determined to be Native American in origin, Page 265 Speedway Commerce Center Project Environmental Impacts Found to be Findings of Fact Less Than Significant with Mitigation Incorporated City of Rancho Cucamonga 44 January 2022 the project archaeologist shall notify the appropriate Native American Tribe(s) from a list provided by the City. Finding: Pursuant to Public Resources Code Section 20181(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant effect on the environment to below a level of significance. Supportive Evidence: Please refer to DEIR page 4.3-13 through 4.3-14. Geology and Soils Impact 4.5-1: Would the project expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: ii. Strong seismic ground shaking? Environmental Analysis: The City is located within 10 miles of two of California’s active faults, the San Andreas and San Jacinto Faults which are capable of producing ground shaking motions to the region. Significant damage to structures may be unavoidable in earthquake conditions. However, the proposed buildings would be designed to resist structural collapse and provide protection from serious injury, catastrophic property damage and loss of life. These design standards would be congruent with the 2019 California Building Code. With implementation of Mitigation Measure GEO-1, all project plans would be reviewed for compliance with applicable building requirements, in order to prevent harmful effects resulting from strong seismic ground shaking. Therefore, impacts regarding strong seismic ground shaking would be less than significant with mitigation incorporated. Mitigation Measures: Based upon the analysis presented in Section 4.5, Geology and Soils of the DEIR, which is incorporated herein by reference, the following Mitigation Measures are feasible and are made binding through the MMRP. Imposition of these mitigation measures will reduce potentially significant impacts to less than significant. MM GEO-1: Prior to the issuance of any grading permit or building permit, City Staff shall review all Project plans involving grading, foundation, structural, infrastructure, and all other relevant construction to ensure compliance with the applicable recommendations from the Geotechnical Investigation and other applicable Code requirements. Specific design considerations as outlined in the Geotechnical Investigation included in Appendix D shall be implemented to minimize the risk for geological hazards included in the Project construction plans. Finding: Pursuant to Public Resources Code Section 20181(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant effect on the environment to below a level of significance. Supportive Evidence: Please refer to DEIR page 4.5-15 through 4.5-16. Page 266 Speedway Commerce Center Project Environmental Impacts Found to be Findings of Fact Less Than Significant with Mitigation Incorporated City of Rancho Cucamonga 45 January 2022 Impact 4.5-2: Would the proposed Project result in substantial soil erosion or the loss of topsoil? Environmental Analysis: SoCalGeo performed a subsurface exploration at 10 borings at depths of 15 to 25± feet below the existing site grades. . Artificial fill soils were encountered at the ground surface of most of the boring and trench locations, extending to depths of 1½ to 5½± feet below the existing site grades. SoCalGeo concluded that the existing artificial fill material would be unsuitable to support the proposed structures. Therefore, remedial grading would be utilized within the proposed building areas in order to remove all undocumented fill soils in their entirely including the upper portion of the near-surface native alluvial soils and replaced with compacted structural fill. In addition to the excavation and removal of the fill material, development of the Project would require grading preparation, excavation, site stripping and demolition that could result in soil erosion if exposed to periods of high wind or storm- related events. General dust control measures such as watering would be required to minimize erosion and construction-related dust. Construction contractors would also be required to create a dust control plan in compliance with SCAQMD Rule 403 to further reduce wind erosion. Furthermore, the construction contractor would be required to implement a Storm Water Pollution Prevention Plan (SWPPP) that lists Best Management Practices (BMPs) for reducing the potential for water erosion and runoff during construction. Operation activities for Site Plan A or Site Plan B would not involve procedures which would result in substantial soil erosion. The site would be covered with hardscape and landscaping, which would include ground cover to reduce erosion or loss of on-site soils post-construction. This would ensure that operations under the Development Scenarios would not result in the loss of topsoil or sedimentation into local drainage facilities and water bodies. In addition, a network of storm drains and gutters would be installed, upgraded if needed, and maintained as necessary throughout the developed site. Therefore, the potential for substantial soil erosion or the loss of topsoil is considered less than significant. Mitigation Measures: Based upon the analysis presented in Section 4.5, Geology and Soils of the DEIR, which is incorporated herein by reference, the following Mitigation Measures are feasible and are made binding through the MMRP. Imposition of these mitigation measures will reduce potentially significant impacts to less than significant. MM GEO-1 would be applied. Finding: Pursuant to Public Resources Code Section 20181(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant effect on the environment to below a level of significance. Supportive Evidence: Please refer to DEIR pages 4.5-17 through 4.5-18. Impact 4.5-3: Would the proposed Project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? Environmental Analysis: The Project site is not located within any known fault lines or zones, included those considered Alquist-Priolo fault lines and fault zones. The Project site and the surrounding area is Page 267 Speedway Commerce Center Project Environmental Impacts Found to be Findings of Fact Less Than Significant with Mitigation Incorporated City of Rancho Cucamonga 46 January 2022 relatively flat and/or developed which indicates that the Project would not be susceptible to landslides nor cause significant erosion that would result in a landslide or lateral spreading. The Project site location is outside of a landslide and liquefaction susceptibility area. This combined with compliance of seismic design parameters recommended by SoCalGeo pursuant to the 2019 CBC, and implementation of Mitigation Measure GEO-1, impacts related to unstable soils, landslide, lateral spreading, subsidence, liquefaction or collapse would be less than significant. Mitigation Measures: Based upon the analysis presented in Section 4.5, Geology and Soils of the DEIR, which is incorporated herein by reference, the following Mitigation Measures are feasible and are made binding through the MMRP. Imposition of these mitigation measures will reduce potentially significant impacts to less than significant. MM GEO-1 would be applied. Finding: Pursuant to Public Resources Code Section 20181(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant effect on the environment to below a level of significance. Supportive Evidence: Please refer to DEIR pages 4.5-18 through 4.5-19. Impact 4.5-6: Would the proposed Project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Environmental Analysis: According to PaleoWest’s PRA, shallow excavations in the Project site (approximately nine feet in depth or less) would be unlikely to yield any significant paleontological resources. This determination is based on the fact that younger Quaternary deposits are void of fossils and near-surface alluvium is usually too young to contain fossils, and therefore, possesses low sensitivity. As a result, no effects to paleontological resources would be expected from earth-moving activities at shallow depths at the proposed Project site. However, deeper excavations that may extend down into older Quaternary (Pleistocene) alluvial deposits would be more likely to unearth fossil vertebrate remains (McLeod 2020 listed in the PRA). Older Quaternary deposits underlying the general Project vicinity are considered to have a high paleontological sensitivity because they have proven to yield significant paleontological resources (i.e., identifiable vertebrate fossils) in the past. Generally, ground-disturbing activities exceeding depths beyond Holocene soils and younger Quaternary alluvium would encounter older Quaternary alluvium. In order to reduce impacts to any undiscovered paleontological resource, Mitigation Measure GEO-2 through Mitigation Measure GEO-5 shall be implemented. With the following mitigation measures implemented, impacts on paleontological resources would be less than significant. Mitigation Measures: Based upon the analysis presented in Section 4.5, Geology and Soils of the DEIR, which is incorporated herein by reference, the following Mitigation Measures are feasible and are made binding through the MMRP. Imposition of these mitigation measures will reduce potentially significant impacts to less than significant. Page 268 Speedway Commerce Center Project Environmental Impacts Found to be Findings of Fact Less Than Significant with Mitigation Incorporated City of Rancho Cucamonga 47 January 2022 MM GEO-1 would be applied. MM GEO-2: Worker’s Environmental Awareness Program (WEAP). Prior to the start of the proposed Project activities, all field personnel will receive a worker’s environmental awareness training on paleontological resources. The training will provide a description of the laws and ordinances protecting fossil resources, the types of fossil resources that may be encountered in the Project area, the role of the paleontological monitor, outline steps to follow in the event that a fossil discovery is made, and provide contact information for the Project Paleontologist. The training will be developed by the Project Paleontologist and can be delivered concurrent with other training including cultural, biological, safety, etc. MM GEO-3: Paleontological Mitigation Monitoring. Prior to the commencement of ground-disturbing activities, a professional paleontologist will be retained to prepare and implement a PRMMP for the proposed Project. The PRMMP will describe the monitoring required during excavations that extend into older Quaternary (Pleistocene) age sediments, and the location of areas deemed to have a high paleontological resource potential. Monitoring will entail the visual inspection of excavated or graded areas and trench sidewalls. If the Project Paleontologist determines full-time monitoring is no longer warranted, based on the geologic conditions at depth, he or she may recommend that monitoring be reduced or cease entirely. MM GEO-4: Fossil Discoveries. In the event that a paleontological resource is discovered, the monitor will have the authority to temporarily divert the construction equipment around the find until it is assessed for scientific significance and, if appropriate, collected. If the resource is determined to be of scientific significance, the Project Paleontologist shall complete the following: 1. Salvage of Fossils. If fossils are discovered, all work in the immediate vicinity should be halted to allow the paleontological monitor, and/or Project Paleontologist to evaluate the discovery and determine if the fossil may be considered significant. If the fossils are determined to be potentially significant, the Project Paleontologist (or paleontological monitor) should recover them following standard field procedures for collecting paleontological as outlined in the PRMMP prepared for the project. Typically, fossils can be safely salvaged quickly by a single paleontologist and not disrupt construction activity. In some cases, larger fossils (such as complete skeletons or large mammal fossils) require more extensive excavation and longer salvage periods. In this case the paleontologist should have the authority to temporarily direct, divert or halt construction activity to ensure that the fossil(s) can be removed in a safe and timely manner. 2. Fossil Preparation and Curation. The PRMMP will identify the museum that has agreed to accept fossils that may be discovered during project-related excavations. Upon completion of fieldwork, all significant fossils collected will be prepared in a properly equipped laboratory to a point ready for curation. Preparation may include the removal of excess matrix from fossil materials and stabilizing or repairing specimens. During preparation and inventory, the fossils specimens will be identified to the lowest taxonomic level practical prior to curation at an accredited museum. The fossil specimens must be Page 269 Speedway Commerce Center Project Environmental Impacts Found to be Findings of Fact Less Than Significant with Mitigation Incorporated City of Rancho Cucamonga 48 January 2022 delivered to the accredited museum or repository no later than 90 days after all fieldwork is completed. The cost of curation will be assessed by the repository and will be the responsibility of the client. MM GEO-5: Final Paleontological Mitigation Report. Upon completion of ground-disturbing activity (and curation of fossils if necessary) the Project Paleontologist should prepare a final mitigation and monitoring report outlining the results of the mitigation and monitoring program. The report should include discussion of the location, duration and methods of the monitoring, stratigraphic sections, any recovered fossils, and the scientific significance of those fossils, and where fossils were curated. Finding: Pursuant to Public Resources Code Section 20181(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant effect on the environment to below a level of significance. Supportive Evidence: Please refer to DEIR pages 4.5-20 through 4.5-22. Greenhouse Gas Emissions Impact 4.6-1: Would the Project generate GHG emissions, either directly or indirectly, that could have a significant impact on the environment? Environmental Analysis: Development of the Project would result in the generation of approximately 1,410 MTCO2e over the course of construction. Construction GHG emissions are typically summed and amortized over the lifetime of the Project (assumed to be 30 years), then added to the operational emissions24. The amortized Project construction emissions would be 47 MTCO2e per year. Once construction is complete, the generation of these GHG emissions would cease. The development of the 100 Percent E-Commerce Worst-Case Scenario would result in the generation of approximately 1,290 MTCO2e over the course of construction. Construction GHG emissions are typically summed and amortized over the lifetime of the Project (assumed to be 30 years), then added to the operational emissions25. The amortized Project construction emissions would be 43 MTCO2e per year. Once construction is complete, the generation of these GHG emissions would cease. Operation of the Project would generate approximately 14,394 MTCO2e annually from both construction and operations of the Project. Project-related GHG emissions would exceed the SCAQMD’s 10,000 MTCO2e per year threshold for industrial uses without mitigation. Approximately 56 percent of the GHG emissions would be from energy consumption and approximately 37 percent of the emissions would be from mobile sources. Mitigation measures have been identified to reduce emissions. It should be noted that emissions of motor vehicles are controlled by State and Federal standards and the City and Project have no control over these standards. Mitigated GHG emissions associated with the Project would not 24 The project lifetime is based on the standard 30-year assumption of the South Coast Air Quality Management District (South Coast Air Quality Management District, Minutes for the GHG CEQA Significance Threshold Stakeholder Working Group #13, August 26, 2009). 25 Ibid. Page 270 Speedway Commerce Center Project Environmental Impacts Found to be Findings of Fact Less Than Significant with Mitigation Incorporated City of Rancho Cucamonga 49 January 2022 exceed the 10,000 MTCO2e per year threshold. Furthermore, GHG emissions from the 100 Percent E-Commerce Worst Case Scenario would not exceed the SCAQMD’s 10,000 MTCO2e per year threshold. Mitigation Measures: Based upon the analysis presented in Section 4.6, Greenhouse Gas Emissions of the DEIR, which is incorporated herein by reference, the following Mitigation Measures are feasible and are made binding through the MMRP. Imposition of these mitigation measures will reduce potentially significant impacts to less than significant. MM: Refer to MMs AQ-1 through AQ-7 for the Project and MMAQ-1 for the 100 Percent E-Commerce Worst-Case Scenario. No additional mitigation is required. Finding: Pursuant to Public Resources Code Section 20181(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant effect on the environment to below a level of significance. Supportive Evidence: Please refer to DEIR pages 4.6-13 through 4.6-21. Hazards and Hazardous Materials Impact 4.7-1:Would the project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Environmental Analysis: The routine transport, use, and disposal of hazardous materials must adhere to federal, state, and local regulations for transport, handling, storage, and disposal of hazardous substances. Compliance with the regulatory framework would ensure Project construction would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials during construction. The proposed facilities would be expected to use limited hazardous materials and substances which would include cleaners, paints, solvents, and fertilizers and pesticides for site landscaping. The Project would not create a significant impact through the transport, use, or disposal of hazardous materials since the facilities are required to comply with all applicable Federal, State, and regional regulations. Although not anticipated, mitigation measures are proposed in order to ensure that the Project does not exceed threshold quantity of a regulated substance greater than as specified by the applicable health and safety code. With implementation of Mitigation Measures and compliance with all applicable Federal, State, and regional regulations regarding hazardous material generation and usage on the site, potential impacts related to transport, use, or disposal of hazardous materials would be reduced to less than significant levels. Mitigation Measures: Based upon the analysis presented in Section 4.7, Hazards and Hazardous Materials of the DEIR, which is incorporated herein by reference, the following Mitigation Measures are feasible Page 271 Speedway Commerce Center Project Environmental Impacts Found to be Findings of Fact Less Than Significant with Mitigation Incorporated City of Rancho Cucamonga 50 January 2022 and are made binding through the MMRP. Imposition of these mitigation measures will reduce potentially significant impacts to less than significant. MM HAZ-1: If a proposed use at the Project has a threshold quantity of a regulated substance greater than as specified by the applicable health and safety code, the user shall prepare and implement a Hazardous Materials Risk Management Plan for facilities that store, handle, or use regulated substances as defined in the California Health and Safety Code 25532 (g) in excess of threshold quantities. This plan shall be reviewed and approved by the San Bernardino County Department of Environmental Health through the Certified Unified Program Agencies (CUPA) process prior to implementation as required by the California Accidental Release Prevention (CalARP) Program. Finding: Pursuant to Public Resources Code Section 20181(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant effect on the environment to below a level of significance. Supportive Evidence: Please refer to DEIR pages 4.6-19 through 4.6-20. Impact 4.7-2:Would the project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Environmental Analysis: The Phase I ESA identified one REC associated with the Project site. Subsequently, a Phase II investigation was conducted to evaluate the potential for soil or groundwater contamination in association with the REC on the Project site. The Phase II investigation did not result in significant soil impairments associated with the past and present use of the proposed Project site. However, if site development plans involve net export of soil from the Project site, then a Soil Management Plan (SMP) is warranted to manage off-site reuse or disposal options based on the presence of anthropogenic chemicals in the soil. Project operations would involve typical hazardous materials/chemicals associated with warehousing uses such cleaners, paints, solvents, and fertilizers and pesticides for site landscaping. Any routine transport, use, and disposal of these materials during Project operations must adhere to federal, state, and local regulations for transport, handling, storage, and disposal of hazardous substances. Furthermore, hazardous materials/chemicals such as cleaners, paints, solvents and fertilizers in low quantities do not pose a significant threat related to the release of hazardous materials into the environment. Mitigation Measures: Based upon the analysis presented in Section 4.7, Hazards and Hazardous Materials of the DEIR, which is incorporated herein by reference, the following Mitigation Measures are feasible and are made binding through the MMRP. Imposition of these mitigation measures will reduce potentially significant impacts to less than significant. Page 272 Speedway Commerce Center Project Environmental Impacts Found to be Findings of Fact Less Than Significant with Mitigation Incorporated City of Rancho Cucamonga 51 January 2022 MM HAZ-2: If site development plans involve net export of soil from the Project site, a Soil Management Plan shall be prepared to manage off-site reuse or disposal options based on the presence of anthropogenic chemicals in the soil. The Plan would be submitted to the City for review and approval. Finding: Pursuant to Public Resources Code Section 20181(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant effect on the environment to below a level of significance. Supportive Evidence: Please refer to DEIR pages 4.6-20 through 4.6-21. Tribal Cultural Resources Impact 4.12-1: Would the Project cause a substantial adverse change in the significance of a tribal cultural resource, defined in PRC Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: iii. Listed or eligible for listing in the CRHR, or in a local register of historical resources as defined in PRC Section 5020.1(k) or iv. A resource determined by the Lead Agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of PRC Section 5024.1, the Lead Agency shall consider the significance of the resource to a California Native American tribe? Environmental Analysis: Paleo West contacted the NAHC, as part of the cultural resource assessment, on April 24, 2020, for a review of the Sacred Lands File Search (SLF). The NAHC responded on April 29, 2020, stating that the SLF was completed with negative results; however, the NAHC requested that 13 individuals representing 12 Native American tribal groups be contacted to elicit information regarding cultural resource issues related to the proposed Project. Paleo West sent outreach letters to the 13 recommended individuals on May 7, 2020. These letters were followed up by phone calls and emails on May 28, 2020. As of September 2020, four responses have been received. Jill McCormick, Historic Preservation Officer for the Quechan Indian Tribe, responded on May 11, 2020 and stated that the tribe did not wish to provide comments on the Project and would defer to more local tribes. On May 13, 2020, Alexandra McCleary, Tribal Archaeologist for the San Manuel Band of Mission Indians, emailed and stated that the proposed Project is within the Serrano ancestral territory and is of interest to the tribe. Ms. McCleary further noted that the Project area is not located within the immediate vicinity of any sacred sites, but it is located near Etiwanda Creek, which the tribe considers to be sensitive for cultural resources. Donna Yocum, Chairwoman of the San Fernando Band of Mission Indians, emailed on May 28, 2020 and stated that the tribe would defer this Project to the San Manual Band of Mission Indians. Finally, Patricia Garcia-Plotkin, Tribal Historic Preservation Office for Page 273 Speedway Commerce Center Project Environmental Impacts Found to be Findings of Fact Less Than Significant with Mitigation Incorporated City of Rancho Cucamonga 52 January 2022 the Agua Caliente Band of Cahuilla Indians, called and stated that the Project area is outside of the tribe’s ancestral territory and had no information on cultural resources located within the Project vicinity. The City sent letters on August 24, 2020 to all tribes in conformance with SB 18 and on December 23, 2020 to all tribes inviting consultation in conformance with AB 52. An email response was received on January 13, 2021 from the San Manuel Band of Mission Indians (SMBMI) that indicated that Project was within the Serrano ancestral territory and, therefore, was of interest to the Tribe. A phone consultation was received in January 2021 from the San Gabriel Band of Mission Indians to the City with a request to include an archeologist and/or Native American Monitor during ground disturbance. No additional consultation requests were received. The cultural resources assessment did not identify any archaeological or tribal cultural resources on the Project site. Mitigation Measures will ensure the protection of any unknown or inadvertently discovered archaeological resources and human remains, or other tribal cultural significant resources. With implementation of these measures, impacts to tribal cultural resources would be less than significant. Mitigation Measures: Based upon the analysis presented in Section 4.12, Tribal Cultural Resource of the DEIR, which is incorporated herein by reference, the following Mitigation Measures are feasible and are made binding through the MMRP. Imposition of these mitigation measures will reduce potentially significant impacts to less than significant. MM TCR-1: Tribal Cultural Resources Discovery: The San Manuel Band of Mission Indians Cultural Resources Department (SMBMI) shall be contacted, as detailed in TCR-2, of any pre-contact cultural resources discovered during Project implementation, and be provided information regarding the nature of the find, so as to provide Tribal input with regards to significance and treatment. Should the find be deemed significant, as defined by CEQA (as amended, 2015), a cultural resource Monitoring and Treatment Plan shall be created by the Project archaeologist, in coordination with SMBMI, and all subsequent finds shall be subject to this Plan. This Plan shall allow for a monitor to be present that represents SMBMI for the remainder of the Project, should SMBMI elect to place a monitor on-site. MM TCR-2: Archeological/Cultural Documents: Any and all archaeological/cultural documents created as a part of the Project (isolate records, site records, survey reports, testing reports, etc.) shall be supplied to the applicant and Lead Agency for dissemination to SMBMI. The Lead Agency and/or applicant shall, in good faith, consult with SMBMI throughout the life of the Project. MM TCR-3: Retain an Archeologist and/or Native American Monitor/Consultant: The Project Applicant shall be required to retain and compensate for the services of a Tribal monitor/consultant. The monitor/consultant will only be present on-site during the construction phases that involve ground disturbing activities. Ground disturbing activities are activities that may include, but are not limited to, pavement removal, pot-holing or auguring, grubbing, tree removals, boring, grading, excavation, drilling, and trenching, within the project area. The Tribal Monitor/consultant will complete daily monitoring logs that will provide descriptions of the day’s activities, including construction activities, locations, soil, and any cultural materials identified. The on-site monitoring shall end when the project site grading and Page 274 Speedway Commerce Center Project Environmental Impacts Found to be Findings of Fact Less Than Significant with Mitigation Incorporated City of Rancho Cucamonga 53 January 2022 excavation activities are completed, or when the Tribal Representatives and monitor/consultant have indicated that the site has a low potential for impacting Tribal Cultural Resources. Finding: Pursuant to Public Resources Code Section 20181(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant effect on the environment to below a level of significance. Supportive Evidence: Please refer to DEIR pages 4.12-6 through 4.12-8. Page 275 Speedway Commerce Center Project Findings of Fact Alternatives to the Proposed Project City of Rancho Cucamonga 54 January 2022 Section 6: Alternatives to the Proposed Project CEQA requires that an EIR describe a range of reasonable alternatives to the project, or to the location of the project, that could feasibly attain the basic objectives of the project, and to evaluate the comparative merits of the alternatives (14 CCR 15126.6[a]). The CEQA Guidelines direct that the selection of alternatives be governed by “a rule of reason” (14 CCR 15126.6[a], [f]). As defined by the CEQA Guidelines, “The range of alternatives required in an EIR is governed by a ‘rule of reason’ that requires the EIR to set forth only those alternatives necessary to permit a reasoned choice. The alternatives shall be limited to ones that would avoid or substantially lessen any of the significant effects of the project. Of those alternatives, the EIR needs to examine in detail only the ones that the Lead Agency determines could feasibly attain most of the basic objectives of the project” (14 CCR 15126.6[f]). The Project objectives are set forth in DEIR Section 6.3. The Project’s unavoidable significant impacts are set forth in DEIR Section 6.4. The Alternative Project and 100% E-Commerce Worst Case Scenario Projects referenced above were not analyzed in the EIR as Project alternatives for purposes of CEQA Guidelines Section 15126.6. Instead, they were analyzed at a project-level of detail in conjunction with the Project to provide the applicant and decision-makers additional information and analysis of alternative project site plans. Alternatives Rejected from Further Consideration The CEQA Guidelines provide that this EIR should “identify any alternatives that were considered by the Lead Agency but were rejected as infeasible during the scoping process and briefly explain the reasons underlying the Lead Agency’s determination” (14 CCR 15126.6[c]). The following is a discussion of the proposed project alternatives developed during the scoping and planning process and the reasons they were not selected for detailed analysis in this EIR. With respect to the feasibility of potential alternatives to the proposed project, CEQA Guidelines § 15126.6(t)(l) states, “Among the factors that may be taken into account when addressing the feasibility of alternatives are site suitability, economic viability, availability of infrastructure, general plan consistency, other plans or regulatory limitations, jurisdictional boundaries . . . and whether the proponent can reasonably acquire, control or otherwise have access to the alternative site.” In determining an appropriate range of project alternatives to be evaluated in this EIR, a number of possible alternatives were initially considered and then rejected. Project alternatives were rejected because they could not accomplish the basic objectives of the proposed Project; they would not have resulted in a reduction of significant adverse environmental impacts; or they were considered infeasible to construct or operate. The following alternative has been rejected from further consideration: Alternative Sites Page 276 Speedway Commerce Center Project Findings of Fact Alternatives to the Proposed Project City of Rancho Cucamonga 55 January 2022 In the case of the proposed Project, an alternative site is not considered applicable or feasible, as the Project Applicant does not control other undeveloped property of similar size within the City or in the immediate area. Additionally, there are very few remaining developable sites in the City that are approximately commensurate in size to the Project. Further, due to the lack of significant environmental impacts identified during Project analysis, an alternative site would not be likely to substantially reduce any potential impact created by Project implementation. For the above reasons, the Alternative Site Alternative was rejected from further consideration. Alternatives Selected for Further Analysis The following alternatives were addressed in the DEIR: 1. The No Project Alternative 2. The No Annexation Alternative 3. The Reduced Footprint Alternative Alternative 1: “No Project” Alternative Description: Consistent with CEQA Guidelines Section 15126.6, the No Project Alternative assumes that the existing land uses and condition of the Project sites at the time the NOP was published (September 3, 2020) would continue to exist without the Project. The No Project Alternative assumes the Project would not be implemented and land uses and other improvements would not be constructed. This Alternative serves as the baseline against which the effects of the Project and other Project alternatives are evaluated. Under this Alternative, none of the proposed improvements would occur. However, development allowed by right under the existing Industrial Employment District, Regional Industrial and General Industrial (I-G) General Plan designation within each jurisdiction, could occur. The existing zoning would allow for industrial development, but the parcels would remain within multiple jurisdictional boundaries. Access to the site is from Napa Street, currently a County of San Bernardino road. Finding: The City finds that specific economic, legal, social, technological, or other considerations make this alternative infeasible. Although the No Project Alternative would generate lower amounts of environmental impacts, this alternative would meet none of the Project’s objectives. Supporting Evidence – Please see DEIR Pages 6-6 through 6-11. Alternative 2: “No Annexation” Alternative Description: Alternative 2 was developed to eliminate the need for the annexation (and associated Pre- zone and GPA) of a portion of Assessor Parcel Number (APN) 0229-291-23 (not a part of the development project and not analyzed in this EIR) and the whole of APN 0229-291-46, each located in unincorporated Page 277 Speedway Commerce Center Project Findings of Fact Alternatives to the Proposed Project City of Rancho Cucamonga 56 January 2022 San Bernardino County along the southern Project boundary. This Alternative, inclusive of the Project and Alternate Project, would develop APN 0229-291-54 in accordance with the existing Industrial Employment (IE) land use zoning classification and Industrial Employment District General Plan land use designation. This Alternative would develop the new public street constructed east of Etiwanda Creek along the west property line. The public street would be constructed per City standards and dedicated to the City. Alternative 2 would be subject to the same development standards as the Project including parking, setback, and landscape requirements. The development of parcel APN 0229-291-46 for parking, site improvements, landscaping, driveways and roadways would occur within the County of San Bernardino to support the Project. Finding: The City finds that specific economic, legal, social, technological, or other considerations make this alternative infeasible. The No Annexation Alternative would generate equal amounts of environmental impacts. As well, this alternative would meet all of the Project’s objectives. However, implementation of this alternative would not include the consistent establishment of land use designation/zoning classifications and jurisdictional boundaries and would require review of the project by both the County and the City. This could delay the anticipated rate of development and make development of the site inconsistent as the development standards within each boundary would be based on development criteria unique to each jurisdiction. Supporting Evidence – Please see DEIR Pages 6-11 through 6-19. Alternative 3: “Reduced Footprint” Alternative Description: This Alternative would reduce the overall development footprint within the Project site by 50 percent. Building A would be approximately 250,324 sf and Building B would be approximately 77,615 sf. This Alternative would result in smaller warehouse buildings and associated parking and landscaped areas and would concentrate development on the southerly/easterly end of the Project site, avoiding the areas not presently disturbed by Auto Club Speedway overflow parking. This Alternative would reduce overall impacts to the site. Finding: The City finds that specific economic, legal, social, technological, or other considerations make this alternative infeasible. The Reduced Footprint Alternative would generate overall lower amounts of environmental impacts. As well, this alternative would meet most of the Project’s objectives. Specifically, this Alternative with a smaller warehouse would not meet Project objective (2) Implement the City’s desire to create revenue-generating uses. Supporting Evidence – Please see DEIR Pages 6-19 through 6-24. Environmentally Superior Alternative Page 278 Speedway Commerce Center Project Findings of Fact Alternatives to the Proposed Project City of Rancho Cucamonga 57 January 2022 Section 15126.6(e)(2) of the CEQA Guidelines requires that an environmentally superior alternative be designated and states that if the environmentally superior Alternative is the No Project Alternative, the EIR shall also identify an environmentally superior alternative among the other alternatives. Based on the summary of information presented in Section 6 of the DEIR, the environmentally superior Alternative is Alternative 1: No Project Alternative. Because Alternative 1 would leave the Project site essentially unchanged and would not have the operational effects that would be associated with any of the alternatives, this Alternative has fewer environmental impacts than the Project or any of the other alternatives. Section 15126.6(e)(2) of the State CEQA Guidelines states that if the “No Project” alternative is found to be environmentally superior, “the EIR shall also identify an environmentally superior alternative among the other alternatives.” Aside from the No Project Alternative, Alternative 3: Reduced Footprint Alternative would have the least environmental impacts because it would develop less of the Project area, result in a reduction of vehicle trips and would incrementally reduce impacts to resource areas; such as air quality, greenhouse gas emissions, noise, and traffic. Page 279 Speedway Commerce Center Project Findings of Fact Additional CEQA Considerations City of Rancho Cucamonga 58 January 2022 Section 7: Additional CEQA Considerations Significant and Irreversible Environmental Changes (DEIR Section 5.1) The Project would consume limited, slowly renewable, and non-renewable resources. Fossil fuels would be used by construction vehicles and heavy equipment during the construction period and by vehicles and equipment used during Project operations. Though the Project would endeavor to utilize fossil fuels efficiently, their use would be vital for construction and operations activities, making their nonuse unlikely. However, the Project would not require the continued use of fossil fuels after at the end of its operational life. The Project would also require the commitment of land on which the Project would be developed for industrial use. None of the proposed improvements are incapable of removal or nonuse after the end of the Project. Although changes to the Project parcels are designed to remain for the life of the Project and beyond, these changes may be amendable by future uses beyond the life of the proposed Project. The majority of identified impacts were anticipated to create a less than significant impact or no impact. The Project’s potential impacts, though, would not commit future generations to similar uses. Although the Project would be developed in a HI land use zone, the Project does not actually propose uses beyond warehousing and office uses. The land on which the Project would be constructed would be graded and developed for large-scale buildings. However, the development activities would not affect the land in such a way that other structures could not be developed there in the future. The industrial warehousing, or E- Commerce, nature of the Project is unlikely to lead to impacts that would relegate future generations and developments to similar uses. The Project would also comply with any relevant environmental policy regarding the storage and disposal of hazardous materials. Through this compliance the Project would minimize the potential for any environmental impacts due to accidental discharges. Mitigation measures have also been proposed to further prepare for potential environmental hazards. With the addition of mitigation and compliance with federal, state, and regional regulations and laws, the Project is not expected to produce accidents that would pose an irreversible risk to the surrounding environment. The Project was also determined to produce a less than significant impact to public services such as police and fire protection. Growth Inducing Impacts (DEIR Section 5.2) The Project is intended to develop a warehousing facility. In regard to economic growth, the Project will not directly create significant economic growth within the City. However, the Project site may cause an indirect economic growth due to its development. While the Project site would generate revenue to the City through taxes on its revenue, comparative to the City overall it is a relatively small increase. Construction of the Project site would generate employment consistent with other similar construction activities, and only temporarily until construction activities are complete. Most construction workers would be anticipated to come from within the City or from the nearby region, which already has a population of substantial size to supply the needed workers. Page 280 Speedway Commerce Center Project Findings of Fact Additional CEQA Considerations City of Rancho Cucamonga 59 January 2022 It was concluded that the Project would potentially generate approximately 1,172 employees and the Alternate Project would generate approximately 750 employees. This would be less than the City’s 10,600-person unemployed population as estimated by the EDD. The Project would, therefore, not necessarily spur a boost in population since the employees could be found within the City’s existing unemployment numbers. As well, the Project is not expected to directly affect the housing availability within the City since no new housing units or renovations to existing housing units are included as objectives. Indirectly, the Project could affect housing stock due to the expansion of the City’s economic potential. The Project would request a GPA to designate the area north of Napa Street, west of the San Sevaine Channel to East Etiwanda Creek and within the County of San Bernardino to Industrial Employment District Land Use designation consistent with the Industrial Employment District land use designation to the north within the City of Rancho Cucamonga limits. The existing and proposed land use and zoning designations do not allow for the development of residential development. The obstacle to population growth under existing conditions is due to the existing zoning/land use designation, and this obstacle would remain with the proposed GPA and Pre-zone; therefore, the Project would not remove obstacles to population growth. The proposed Project would include new infrastructure improvements to allow for the use of resources such as electricity and water, and potentially natural gas. The environmental impacts associated with the facility improvements associated with the proposed Project have been analyzed in DEIR Section 4.1, Air Quality through Section 4.13, Utilities and Service Systems. As concluded in those sections, no significant unavoidable impacts were discovered through the development of the Project. In the presence of potentially significant impacts which were not minimized by the Project Design Features, mitigation measures have been proposed which, when implemented, would further reduce potential impacts stemming from the proposed Project’s development to less than significant levels. Further, the Project would not require the expansion of utility facilities such as water treatment plants or landfills. Adequate capacity was concluded for each of those facilities. As well, no cumulative impacts were discovered during the analysis of the Project. Mandatory Findings of Significance (DEIR Section 5.3) In regard to habitats and wildlife, it was concluded that the Project site had a low capability to harbor special status plants and animals. Nevertheless, mitigation was proposed in the section to further reduce the risk to special status species. Regarding impacts to cultural and historical resources, no recorded historic or prehistoric resources were identified within the Project site. Further, mitigation proposed within the section would include the retainment of a professional archaeologist and paleontologist to further minimize potential effects to the City’s historical and prehistorical resources, in the unlikely event that cultural or paleontological resources are exposed during construction of the Project. The Project would not achieve short term environmental goals to the detriment of long term environmental goals. The Project and Alternate Project would occupy an area previously undeveloped and vacant. This area would then be developed and used. This would assist the short term goal of the Project Page 281 Speedway Commerce Center Project Findings of Fact Additional CEQA Considerations City of Rancho Cucamonga 60 January 2022 by providing an area for the development of warehousing and the associated parking and landscaping improvements and facilitating the usage of the Project site by the Applicant. The Project area is in an area of the City designated for industrial land uses. As a warehousing project proposed at a scale that is considered regionally significant according to CEQA Guidelines Section 15206(b), the uses incorporated in the Project would align with the intended uses for the Project area and with the City’s long-term goals as outlined in the Rancho Cucamonga GP Land Use Element. In addition, no significant and unavoidable impacts would occur from the Project that would result in a long-term impact on the environment. Regarding cumulatively considerable impacts, the DEIR provides a cumulative impact analysis for all thresholds that result in a less than significant impact, a potentially significant impact unless mitigated, or a significant and unavoidable impact. Cumulative impacts are addressed for each of the environmental topics listed above and are provided in DEIR Sections 4.1 through 4.13. Where the Project may result in cumulatively considerable impacts that are significant and unavoidable, these are summarized in the respective DEIR section. No significant and unavoidable impacts were identified. Page 282 Speedway Commerce Center Project Findings of Fact Additional CEQA Considerations City of Rancho Cucamonga 61 January 2022 This page intentionally left blank. Page 283 Speedway Commerce Center Project Findings of Fact General CEQA Findings City of Rancho Cucamonga 62 January 2022 Section 8: General CEQA Findings The City hereby finds as follows: 1) The foregoing statements are true and correct; 2) The City is the “Lead Agency” for the Project evaluated in the CEQA Documents and independently reviewed and analyzed in the DEIR and FEIR for the Project; 3) The Notice of Preparation of the DEIR was circulated for public review. It requested that responsible agencies respond as to the scope and content of the environmental information germane to that agency’s specific responsibilities; 4) The public review period for the DEIR was for 45 days between June 29, 2021 and August 13, 2021. The DEIR and appendices were available for public review during that time. A Notice of Completion and copies of the DEIR were sent to the State Clearinghouse, and notices of availability of the DEIR were published by the City. The DEIR was available for review on the City’s website. Physical copies of the environmental documents are available at the City of Rancho Cucamonga Planning Department. 5) The CEQA Documents were completed in compliance with CEQA; 6) The CEQA Documents reflect the City’s independent judgment; 7) The City evaluated comments on environmental issues received from persons who reviewed the DEIR. In accordance with CEQA, the City prepared written responses describing the disposition of significant environmental issues raised. The FEIR provided adequate, good faith and reasoned responses to the comments. The City reviewed the comments received and responses thereto and has determined that neither the comments received nor the responses to such comments add significant new information to the DEIR regarding adverse environmental impacts. The City has based its actions on full appraisal of all viewpoints, including all comments received up to the date of adoption of these Findings, concerning the environmental impacts identified and analyzed in the FEIR. 8) The City finds that the CEQA Documents, as amended, provide objective information to assist the decision-makers and the public at large in their consideration of the environmental consequences of the Project. The public review period provided all interested jurisdictions, agencies, private organizations, and individuals the opportunity to submit all comments made during the public review period; 9) The CEQA Documents evaluated the following impacts: (1) air quality; (2) biological resources; (3) cultural resources; (4) energy; (5) geology and soils; (6) greenhouse gas emissions; (7) hazards and hazardous materials; (8) hydrology and water quality; (9) land use and planning; (10) noise; (11) transportation; (12) tribal cultural resources; and (13) utilities and service systems. Additionally, the CEQA Documents considered, in separate sections, any potential significant irreversible environmental changes and growth-inducing impacts of the Project, as well as effects found not to be significant and a reasonable range of project Page 284 Speedway Commerce Center Project Findings of Fact General CEQA Findings City of Rancho Cucamonga 63 January 2022 alternatives. All of the significant environmental impacts of the Project were identified in the CEQA Documents; 10) The MMRP includes all of the mitigation measures identified in the CEQA Documents and has been designed to ensure compliance during implementation of the Project. The MMRP provides the steps necessary to ensure that the mitigation measures are fully enforceable; 11) The MMRP designates responsibility and anticipated timing for the implementation of mitigation; the City’s Community Development Director will serve as the MMRP Coordinator; 12) In determining whether the Project may have a significant impact on the environment, and in adopting these Findings pursuant to Section 21081 of CEQA, the City has complied with CEQA Sections 21081.5 and 21082.2; 13) The impacts of the Project have been analyzed to the extent feasible at the time of certification of the CEQA Documents; 14) The City made no decisions related to approval of the Project prior to the initial recommendation of certification of the CEQA Documents. The City also did not commit to a definite course of action with respect to the Project prior to the initial consideration of the CEQA Documents. 15) Copies of all the documents incorporated by reference in the CEQA Documents are and have been available upon request at all times at the offices of the City of Rancho Cucamonga Planning Department, the custodian of record for such documents or other materials; 16) The responses to the comments on the DEIR, which are contained in the FEIR, clarify and amplify the analysis in the DEIR; 17) Having reviewed the information contained in the CEQA Documents and in the administrative record, the City finds that there is no new significant information regarding adverse environmental impacts of the Project in the FEIR; and 18) Having received, reviewed and considered all information and documents in the CEQA Documents, as well as all other information in the record of proceedings on this matter, these Findings are hereby adopted by the City in its capacity as the CEQA Lead Agency. Page 285 Speedway Commerce Center Project Findings of Fact Findings Regarding Recirculation City of Rancho Cucamonga 64 January 2022 Section 9: Findings Regarding Recirculation The City finds that the DEIR does not require recirculation under CEQA (PRC § 21092.1 and CEQA Guidelines § 15088.5). CEQA Guidelines § 15088.5 requires recirculation of an EIR prior to certification of the FEIR when “significant new information is added to the EIR after public notice is given of the availability of the draft EIR for public review.” As described in CEQA Guidelines § 15088.5: New information added to an EIR is not “significant” unless the EIR is changed in a way that deprives the public of a meaningful opportunity to comment upon a substantial adverse environmental effect of the project or a feasible way to mitigate or avoid such an effect (including a feasible project alternative) that the project’s proponents have declined to implement. “Significant new information” requiring recirculation includes, for example, a disclosure showing that: 1. A new significant environmental impact would result from the project or from a new mitigation measure proposed to be implemented; 2. A substantial increase in the severity of an environmental impact would result unless mitigation measures are adopted that reduce the impact to a level of insignificance; 3. A feasible project alternative or mitigation measure considerably different from others previously analyzed would clearly lessen the significant environmental impacts of the project, but the project’s proponents decline to adopt it; 4. The DEIR was so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded. In addition, CEQA Guidelines § 15088.5(b) provides that “recirculation is not required where the new information added to the EIR merely clarifies and amplifies or makes insignificant modifications in an adequate EIR.” Recirculation also is not required simply because new information is added to the EIR — indeed, new information is oftentimes added given CEQA’s public/agency comment and response process and CEQA’s post-DEIR circulation requirement of proposed responses to comments submitted by public agencies. In short, recirculation is “intended to be an exception rather than the general rule.” (Laurel Heights Improvement Assn. v. Regents of University of California (1993) 6 Cal.4th 1112, 1132). As such, the City makes the following Findings: 1. None of the public comments submitted to the City regarding the DEIR present any significant new information that would require the DEIR to be recirculated for public review. 2. No new or modified mitigation measures are proposed that would have the potential to create new significant environmental impacts. Page 286 Speedway Commerce Center Project Findings of Fact Findings Regarding Recirculation City of Rancho Cucamonga 65 January 2022 3. The DEIR adequately analyzed project alternatives and there are no feasible project alternatives or mitigation measures considerably different from others previously analyzed that would clearly lessen the significant environmental impacts of the project. 4. The DEIR was not fundamentally and basically inadequate and conclusory in nature and did not preclude meaningful public review and comment. In this legal context, the City finds that recirculation of the DEIR prior to certification is not required. In addition to providing responses to comments, the FEIR includes revisions to expand upon information presented in the DEIR (FEIR, Responses to Comments, Section 3, Errata, Appendices); explain or enhance the evidentiary basis for the DEIR’s findings; update information; and to make clarifications, amplifications, updates, or helpful revisions to the DEIR. The FEIR’s revisions, clarifications and/or updates do not result in any new significant impacts or increase the severity of a previously identified significant impact. In sum, the FEIR demonstrates that the proposed Project would not result in any new significant impacts or increase the severity of a significant impact, as compared to the analysis presented in the DEIR. The changes reflected in the FEIR also do not indicate that meaningful public review of the DEIR was precluded in the first instance. Accordingly, recirculation of the EIR is not required as revisions to the EIR are not significant as defined in § 15088.5 of the CEQA Guidelines. Section 10: Legal Effects of Findings To the extent that these Findings conclude that the proposed mitigation measures outlined in herein are feasible and have not been modified, superseded, or withdrawn, the City hereby commits to implementing these measures. These Findings, in other words, are not merely informational, but rather constitute a binding set of obligations that will come into effect when the City approves the proposed Project. The mitigation measures that are referenced herein and adopted concurrently with these Findings will be effectuated through the process of construction and implementation of the proposed Project. Page 287 Speedway Commerce Center Project Mitigation Monitoring and Reporting Program City of Rancho Cucamonga 6 6 November 2021 This page intentionally left blank. Page 288 Speedway Commerce Center Project Mitigation Monitoring and Reporting Program City of Rancho Cucamonga 6 7 November 2021 Exhibit B Mitigation Monitoring and Reporting Program Mitigation Monitoring and Reporting Program Speedway Commerce Center Project Page 289 Speedway Commerce Center Project Mitigation Monitoring and Reporting Program City of Rancho Cucamonga 6 8 November 2021 This page intentionally left blank. Page 290 Speedway Commerce Center Project Mitigation Monitoring and Reporting Program City of Rancho Cucamonga 6 9 November 2021 Section 1: Authority This environmental Mitigation Monitoring and Reporting Program (Program) has been prepared pursuant to §21081.6 of the California Environmental Quality Act (CEQA) (Public Resources Code §21000 et seq.), and CEQA Guidelines (14 Cal. Code Regs. §15000 et seq.) §§15091(d) and 15097, to ensure implementation of and provide for the monitoring of mitigation measures required of the Speedway Commerce Center Project (Project), as set forth in the Final Environmental Impact Report (FEIR) prepared for the Project. This report will be kept on file in the offices of the CEQA Lead Agency, the City of Rancho Cucamonga (City). As noted in the EIR, the Project has been designed to avoid sensitive resources, as reflected in Project design plans and in Project Design Features (PDFs). The EIR also addresses the potential environmental impacts of the Project, and, where appropriate, recommends mitigation measures to avoid or substantially lessen significant environmental impacts. The Program detailed in the matrix table below is designed to monitor and ensure implementation of all mitigation measures that are adopted for the Project. The City is the Lead Agency for the Project and assumes ultimate enforcement responsibilities for implementation of all mitigation measures listed in this Program. The City may assign responsibility for implementation or monitoring to appropriate designees such as a construction manager or third-party monitor. However, as the Lead Agency, the City remains responsible for ensuring that implementation of the mitigation measures occurs in accordance with this Program. In some cases, the City is required to secure permits or approvals from third-party agencies in order to implement a mitigation measure. In these cases, the City is responsible for verifying that such permits or approvals have been obtained in accordance with the conditions stipulated in the mitigation measure. The City’s existing planning, engineering, operations, and procurement review and inspection processes will be used as the basic foundation for the Program procedures and will also serve to provide the documentation for the reporting program. Section 2: Monitoring Schedule Prior to construction, while detailed designplans are being prepared by City staff or its agents, Citystaff will be responsible for ensuring compliance with mitigation monitoring applicable to the Project construction, development, and design phases. Once construction has begun and is underway, monitoring of the mitigation measures associated with construction will be included in the responsibilities of City staff, who shall prepare or cause to be prepared periodic monitoring reports, as appropriate. Regulatory agencies will have to harmonize CEQA mitigation with regulatory permit conditions and monitoring/reporting as part of the regulatory permitting process and will likely require submittal of formal monitoring reports. Once construction has been completed, the City will monitor the Project as specified in the mitigation measures. Page 291 Speedway Commerce Center Project Mitigation Monitoring and Reporting Program City of Rancho Cucamonga 7 0 November 2021 Section 3: Support Documentation Findings and related documentation supporting the findings involving modifications to mitigation measures shall be maintained in the Project file with the Program and shall be made available to the public upon request. Page 292 Speedway Commerce Center Project Mitigation Monitoring and Reporting Program City of Rancho Cucamonga 7 1 November 2021 Section 4: Format of Mitigation Monitoring Matrix The mitigation monitoring matrix on the following pages identifies the environmental issue areas for which monitoring is required, the required mitigation measures, the time frame for monitoring, and the responsible implementing and monitoring agencies. Section 5: Definitions The following list provides definitions for acronyms used in the mitigation monitoring and reporting program. Acronyms/Abbreviation Description AES Aesthetics AQ Air Quality ARB Air Resources Board BACT Best Available Control Technology BIO Biological Resources BMP Best Management Practice CC&Rs Covenants, Conditions, and Restrictions CCR California Code of Regulations CDFW California Department of Fish and Wildlife CEQA California Environmental Quality Act CFD Community Facilities Districts CFR Code of Federal Regulations CGC California Government Code CRMP Cultural Resources Monitoring Plan CTR Commute Trip Reduction CUL Cultural Resources DBESP Determination of Biologically Equivalent or Superior Preservation DEIRDraft Environmental Impact Report DTSC Department of Toxic Substances Control EIR Environmental Impact Report Page 293 Speedway Commerce Center Project Mitigation Monitoring and Reporting Program City of Rancho Cucamonga 7 2 November 2021 ESA environmental site assessment EV electronic vehicle FMZ fuel modification zone GEO Geology and Soils GHGGreenhouse Gas GP General Plan HANS Habitat Evaluation and Acquisition Negotiation Strategy HAZ Hazards and Hazardous Materials HSC Health and Safety Code HVAC heating, ventilation, and air conditioning HYD Hydrology and Water Quality JD Jurisdictional Delineation MC municipal code MM mitigation measure MOUMemorandum of Understanding mph miles per hour NOI Noise Page 294 Speedway Commerce Center Project Mitigation Monitoring and Reporting Program City of Rancho Cucamonga 7 3 November 2021 NOI Notice of Intent NPDES National Pollutant Discharge Elimination System O&MOperations & Management PRC Public Resources Code PRD Permit Registration Documents SCAQMD South Coast Air Quality Management City SMARTS Storm Water Multiple Application and Report Tracking System SWPPP Stormwater Pollution Prevention Plan TDM Transportation Demand Management TIA Traffic Impact Analysis TRAN Transportation U.S. EPA U.S. Environmental Protection Agency USACE U.S. Army Corps of Engineers USFWS U.S. Fish and Wildlife Service VOC volatile organic compound WEAP Worker Environmental Awareness Program WH Wildfire Hazards Page 295 Speedway Commerce Center Project Mitigation Monitoring and Reporting Program City of Rancho Cucamonga 7 4 November 2021 This page intentionally left blank. Page 296 Speedway Commerce Center Project Mitigation Monitoring and Reporting Program City of Rancho Cucamonga 75 November 2021 Mitigation Monitoring and Reporting Program Mitigation Measures Responsibility for Implementation Timing of Implementation Responsibility for Monitoring and Verification City Verification of Compliance (Date/Initials) AIR QUALITY MM AQ-1: Prior to issuance of occupancy permits for the Project, the Project operator shall prepare and submit a Transportation Demand Management (TDM) program for review and approval of the City of Rancho Cucamonga detailing strategies that would reduce the use of single-occupant vehicles by employees by increasing the number of trips by walking, bicycle, carpool, vanpool and transit. The TDM shall include, but is not limited to the following: Provide a transportation information center and on-site TDM coordinator to educate residents, employers, employees, and visitors of surrounding transportation options; Promote bicycling and walking through design features such as showers for employees, self-service bicycle repair area, etc. around the project site; Provide on-site car share amenities for employees who make only occasional use of a vehicle, as well as others who would like occasional access to a vehicle of a different type than they use day- to-day; Promote and support carpool/vanpool/rideshare use through parking incentives and administrative support, such as ride- matching service; and Incorporate incentives for using alternative travel modes, such as preferential load/unload areas or convenient designated parking spaces for carpool/vanpool users. Provide meal options on-site or shuttles between the facility and nearby meal destinations. Project Applicant Prior to issuance of occupancy permits City of Rancho Cucamonga Page 297 Speedway Commerce Center Project Mitigation Monitoring and Reporting Program City of Rancho Cucamonga 76 November 2021 Mitigation Measures Responsibility for Implementation Timing of Implementation Responsibility for Monitoring and Verification City Verification of Compliance (Date/Initials) MM AQ-2: For the Project, electrical hookups shall be provided at all loading bays for truckers to plug in any onboard auxiliary equipment and power refrigeration units while their truck is stopped. Project Applicant Prior to issuance of occupancy permits City of Rancho Cucamonga MM AQ-3: All truck access gates and loading docks (both interior- and exterior-facing signs) within the Project site shall have a sign posted that states: Truck drivers shall turnoff engines when not in use. Truck drivers shall shut down the engine after five minutes of continuous idling operation. Once the vehicle is stopped, the transmission is set to “neutral” or “park,” and the parking brake is engaged. Telephone numbers of the building facilities manager and CARB to report Violations. Project Applicant Prior to issuance of occupancy permits City of Rancho Cucamonga MM AQ-4: The Project will require contractors and building operator(s) (by contract specifications) to utilize on-road heavy-duty diesel trucks with a gross vehicle weight rating greater than 14,000 pounds to meet or exceed 2010 engine emission standards or to be equipped with a particulate matter trap (as available) or to be powered by natural gas, electricity, or other diesel alternative. Project Applicant Prior to issuance of occupancy permits City of Rancho Cucamonga MM AQ-5: Prior to the issuance of building permits for the Project, the City of Rancho Cucamonga Building and Safety Department shall confirm that applicable Project plans and specifications indicate that refrigerated space for the Project does not exceed 56,000 square feet. Project Applicant Prior to the issuance of building permits City of Rancho Cucamonga Building and Safety Department MM AQ-6: Post signs at every truck exit driveway providing directional information to the truck route, so that trucks will not travel on Arrow Route and Foothill Boulevard next to or near sensitive land uses (e.g., residences). Project Applicant Prior to the issuance of building permits City of Rancho Cucamonga Building and Safety Department Page 298 Speedway Commerce Center Project Mitigation Monitoring and Reporting Program City of Rancho Cucamonga 77 November 2021 Mitigation Measures Responsibility for Implementation Timing of Implementation Responsibility for Monitoring and Verification City Verification of Compliance (Date/Initials) MM AQ-7: The Applicant shall make its tenants aware of the funding opportunities, such as the Carl Moyer Memorial Air Quality Standards Attainment Program (Moyer Program), and other similar funding opportunities, by providing applicable literature available from the California Air Resources Board (CARB). The Moyer Program On-Road Heavy-Duty Vehicles Voucher Incentive Program (VIP) provides funding to individuals seeking to purchase new or used vehicles with 2013 or later model year engines to replace an existing vehicle that is to be scrapped. Project Applicant Prior to issuance of occupancy permits City of Rancho Cucamonga Building and Safety Department BIOLOGICAL RESOURCES MM BIO-1: In accordance with the CDFG Staff Report on Burrowing Owl (2012), a qualified biologist shall conduct a pre-construction presence/absence survey for burrowing owls between 30 and 14 days prior to site disturbance. If burrowing owls are detected on-site, the qualified biologist shall contact California Department of Fish and Wildlife (CDFW) and conduct an impact assessment in accordance with Staff Report on Burrowing Owl Mitigation prior to commencing project activities to determine appropriate mitigation, including the acquisition and conservation of occupied replacement habitat at no less than a 2:1 ratio and the owls shall be relocated/excluded from the site outside of the breeding season following accepted protocols, and subject to approval by CDFW. A qualified biologist shall prepare and submit a passive relocation program in accordance with Appendix E (i.e., Example Components for Burrowing Owl Artificial Burrow and Exclusion Plans) of the CDFW’s Staff Report on Burrowing Owl Mitigation (CDFG 2012) for CDFW review/approval prior to the commencement of disturbance activities on-site. When a qualified biologist determines that burrowing owls are no longer occupying the Project site and passive relocation is complete, construction activities may begin. A final letter report shall be prepared by the qualified biologist documenting the results of the passive relocation. The letter shall be submitted to CDFW. Prior to passive relocation, suitable replacement burrows site(s) shall be provided within adjacent open space lands and/or other off-site lands, Project Biologist Prior to ground- disturbing activities City of Rancho Cucamonga Page 299 Speedway Commerce Center Project Mitigation Monitoring and Reporting Program City of Rancho Cucamonga 78 November 2021 Mitigation Measures Responsibility for Implementation Timing of Implementation Responsibility for Monitoring and Verification City Verification of Compliance (Date/Initials) as approved by CDFW at a ratio of 2:1 and permanent conservation and management of burrowing owl habitat such that the habitat acreage, number of burrows and burrowing owl impacts are replaced consistent with the Staff Report on Burrowing Owl Mitigationincludingits Appendix A within designated adjacent conserved lands identified through coordination with CDFW. A qualified biologist shall confirm the natural or artificial burrows on the conservation lands are suitable for use by the owls. Monitoring and management of the replacement burrow site(s) shall be conducted and a reporting plan shall be prepared. The objective shall be to manage the replacement burrow sites for the benefit of burrowing owls (e.g., minimizing weed cover), with the specific goal of maintaining the functionality of the burrows for a minimum of 2 years. MM BIO-2: Vegetation clearing should be conducted outside of the nesting season (typically February 1 through August 31). If avoidance of the nesting season cannot be accomplished, then a qualified biologist shall conduct a nesting bird survey in all suitable areas including trees, shrubs, bare ground, burrows, cavities, and structures, at the appropriate time of day/night, during appropriate weather conditions within three days prior any disturbance of the site, including disking and grading. Pre-construction surveys shall focus on both direct and indirect evidence of nesting, including nest locations and nesting behavior (e.g., copulation, carrying of food or nest materials, nest building, removal of fecal sacks, flushing suddenly from atypically close range, agitation, aggressive interactions, feigning injury or distraction displays, or other behaviors). If active nests are identified, the biologist shall establish suitable buffers around the nests, and the buffer areas shall be avoided until the nests are no longer occupied and the juvenile birds can survive independently from the nests. Typically established buffers are greater for raptors than songbirds and depend upon the species, the nesting stage, and type of construction activity proposed. The buffer should generally be a minimum of 300 feet for raptors and 100 feet for songbirds; unless a smaller buffer is specifically determined by a Project Biologist Prior to ground- disturbing activities City of Rancho Cucamonga Mitigation Measures Responsibility for Implementation Timing of Implementation Responsibility for Monitoring and Verification City Verification of Compliance (Date/Initials)Page 300 Speedway Commerce Center Project Mitigation Monitoring and Reporting Program City of Rancho Cucamonga 79 November 2021 qualified biologist familiar with the nesting phenology of the nesting species. CULTURAL RESOURCES MM CUL-1: In the unlikely event that cultural resources, as identified by a qualified historian or archaeologist, are exposed during construction of the Project, all ground disturbing activities within 100-feet of the potential resource(s) shall be suspended. A qualified archaeologist, meeting the Secretary of the Interior’s Professional Qualification Standards, shall evaluate the significance of the find and determine whether or not additional study is warranted. Depending upon the significance of the find, the archaeologist may simply record the find and allow work to continue. If the discovery proves significant under CEQA, additional work, such as preparation of an archaeological treatment plan, testing, or data recovery, may be warranted and shall be submitted to the Development Services Director or his/her designee. If the resource(s) are determined to be Native American in origin, the Project archaeologist shall notify the appropriate Native American Tribe(s) from a list provided by the City. Project Archeologist Prior to issuance of grading permit City of Rancho Cucamonga GEOLOGY AND SOILS MM GEO-1: Prior to the issuance of any grading permit or building permit, City Staff shall review all Project plans involving grading, foundation, structural, infrastructure, and all other relevant construction to ensure compliance with the applicable recommendations from the Geotechnical Investigation and other applicable Code requirements. Specific design considerations as outlined in the Geotechnical Investigation included in Appendix D shall be implemented to minimize the risk for geological hazards included in the Project construction plans. Project Applicant Prior to issuance of grading and building permit City of Rancho Cucamonga MM GEO-2: Worker’s Environmental Awareness Program (WEAP). Prior to the start of the proposed Project activities, all field personnel will receive a worker’s environmental awareness training on paleontological resources. The training will provide a description of the Project Applicant and Qualified Paleontologist Prior to the start of the proposed Project activities City of Rancho Cucamonga Mitigation Measures Responsibility for Implementation Timing of Implementation Responsibility for Monitoring and Verification City Verification of Compliance (Date/Initials) Page 301 Speedway Commerce Center Project Mitigation Monitoring and Reporting Program City of Rancho Cucamonga 80 November 2021 laws and ordinances protecting fossil resources, the types of fossil resources that may be encountered in the Project area, the role of the paleontological monitor, outline steps to follow in the event that a fossil discovery is made, and provide contact information for the Project Paleontologist. The training will be developed by the Project Paleontologist and can be delivered concurrent with other training including cultural, biological, safety, etc. MM GEO-3: Paleontological Mitigation Monitoring. Prior to the commencement of ground-disturbing activities, a professional paleontologist, defined as a paleontologist who meets the Society of Vertebrate Paleontology standards for Qualified Professional Paleontologist, will be retained by the Project Applicant to prepare and implement a Paleontological Resources Mitigation and Monitoring Plan (PRMMP) for the proposed Project. The PRMMP will describe the monitoring required during excavations that extend into older Quaternary (Pleistocene) age sediments, and the location of areas deemed to have a high paleontological resource potential. The City shall have final review and approval of the PRMMP. Monitoring will entail the visual inspection of excavated or graded areas and trench sidewalls. If the Project Paleontologist determines full-time monitoring is no longer warranted, based on the geologic conditions at depth, he or she may recommend that monitoring be reduced or cease entirely. Project Applicant and Qualified Paleontologist Prior to the commencement of ground-disturbing activities City of Rancho Cucamonga MM GEO-4: Fossil Discoveries. In the event that a paleontological resource is discovered, the monitor will have the authority to temporarily divert the construction equipment around the find until it is assessed for scientific significance and, if appropriate, collected. If the resource is determined to be of scientific significance, the Project Paleontologist shall complete the following: 1. Salvage of Fossils. If fossils are discovered, all work in the immediate vicinity should be halted to allow the paleontological monitor, and/or Project Paleontologist to evaluate the discovery and determine if the fossil may be considered significant. If the fossils Project Paleontologist During the discovery of a paleontological resource Paleontological monitor and/or Project Paleontologist Mitigation Measures Responsibility for Implementation Timing of Implementation Responsibility for Monitoring and Verification City Verification of Compliance (Date/Initials) Page 302 Speedway Commerce Center Project Mitigation Monitoring and Reporting Program City of Rancho Cucamonga 81 November 2021 are determined to be potentially significant, the Project Paleontologist (or paleontological monitor) should recover them following standard field procedures for collecting paleontological as outlined in the PRMMP prepared for the project. Typically, fossils can be safely salvaged quickly by a single paleontologist and not disrupt construction activity. In some cases, larger fossils (such as complete skeletons or large mammal fossils) require more extensive excavation and longer salvage periods. In this case the paleontologist should have the authority to temporarily. 2. Fossil Preparation and Curation. The PRMMP will identify the museum that has agreed to accept fossils that may be discovered during project-related excavations. Upon completion of fieldwork, all significant fossils collected will be prepared in a properly equipped laboratory to a point ready for curation. Preparation may include the removal of excess matrix from fossil materials and stabilizing or repairing specimens. During preparation and inventory, the fossils specimens will be identified to the lowest taxonomic level practical prior to curation at an accredited museum. The fossil specimens must be delivered to the accredited museum or repository no later than 90 days after all fieldwork is completed. The cost of curation will be assessed by the repository and will be the responsibility of the client. MM GEO-5: Final Paleontological Resources Mitigation Monitoring Report. Upon completion of ground-disturbing activity (and curation of fossils if necessary) the Project Paleontologist should prepare a final mitigation and monitoring report outlining the results of the paleontological resources mitigation and monitoring program, or PRMMP. The report should include discussion of the location, duration and methods of the monitoring, stratigraphic sections, any recovered fossils, and the scientific significance of those fossils, and where fossils were curated. Project Paleontologist Upon completion of ground- disturbing activity (and curation of fossils if necessary) City of Rancho Cucamonga and the Project Paleontologist Mitigation Measures Responsibility for Implementation Timing of Implementation Responsibility for Monitoring and Verification City Verification of Compliance (Date/Initials) Page 303 Speedway Commerce Center Project Mitigation Monitoring and Reporting Program City of Rancho Cucamonga 82 November 2021 HAZARDS AND HAZARDOUS MATERIALS MM HAZ-1: If a proposed use at the Project has a threshold quantity of a regulated substance greater than as specified by the applicable health and safety code, the user shall prepare and implement a Hazardous Materials Risk Management Plan for facilities that store, handle, or use regulated substances as defined in the California HSC 25532 (g) in excess of threshold quantities. This plan shall be reviewed and approved by the San Bernardino County Department of Environmental Health through the Certified Unified Program Agencies (CUPA) process prior to implementation as required by the California Accidental Release Prevention (CalARP) Program. Project Applicant Prior to issuance of grading permit San Bernardino County Department of Environmental Health and the City of Rancho Cucamonga MM HAZ-2: If the site development plans involve a net export of soil from the Project site, a Soil Management Plan shall be prepared by a qualified hazardous material specialist to manage off-site reuse or disposal options based on the presence of anthropogenic chemicals in the soil. The Plan would be submitted to the City for review and approval. Project Applicant and a Qualified Hazardous Material Specialist Prior to construction City of Rancho Cucamonga TRIBAL CULTURAL RESOURCES MM TCR-1: Tribal Cultural Resources Discovery: The San Manuel Band of Mission Indians Cultural Resources Department (SMBMI) shall be contacted, as detailed in TCR-2, of any pre-contact cultural resources discovered during Project implementation, and be provided information regarding the nature of the find, so as to provide Tribal input with regards to significance and treatment. Should the find be deemed significant, as defined by CEQA (as amended, 2015), a cultural resource Monitoring and Treatment Plan shall be created by the Project archaeologist, in coordination with SMBMI, and all subsequent finds shall be subject to this Plan. This Plan shall allow for a monitor to be present that represents SMBMI for the remainder of the Project, should SMBMI elect to place a monitor on-site. Project Applicant and a Tribal monitor/consultant Prior to the commencement of ground-disturbing activities City of Rancho Cucamonga Mitigation Measures Responsibility for Implementation Timing of Implementation Responsibility for Monitoring and Verification City Verification of Compliance (Date/Initials) Page 304 City of Rancho Cucamonga 83 November 2021 CITY COUNCIL RESOLUTION NO. 2021-xxx HILLWOOD ENTERPRISES, L.P., “SPEEDWAY COMMERCE CENTER”, FINAL EIR CERTIFICATION AND CEQA FINDINGS January 5, 2022 Page 83 MM TCR-2: Archeological/Cultural Documents: Any and all archaeological/cultural documents created as a part of the Project (isolate records, site records, survey reports, testing reports, etc.) shall be supplied to the applicant and Lead Agency for dissemination to SMBMI. The Lead Agency and/or applicant shall, in good faith, consult with SMBMI throughout the life of the Project. Project Applicant Prior to the commencement of ground-disturbing activities City of Rancho Cucamonga MM TCR-3: Retain an Archeologist and/or Native American Monitor/Consultant: The Project Applicant shall be required to retain and compensate for the services of a Tribal monitor/consultant. The monitor/consultant will only be present on-site during the construction phases that involve ground disturbing activities. Ground disturbing activities are activities that may include, but are not limite do, pavement removal, pot-holing or auguring, grubbing, tree removals, boring, grading, excavation, drilling, and trenching, within the project area. The Tribal Monitor/consultant will complete daily monitoring logs that will provide descriptions of the day’s activities, including construction activities, locations, soil, and any cultural materials identified. The on- site monitoring shall end when the project site grading and excavation activities are completed, or when the Tribal Representatives and monitor/consultant have indicated that the site has a low potential for impacting Tribal Cultural Resources. Project Applicant and a Tribal monitor/consultant Prior, During, and completion of ground-disturbing activities City of Rancho Cucamonga Page 305 RESOLUTION NO. FD2022-001 A RESOLUTION OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT BOARD OF DIRECTORS CONSENTING TO THE ANNEXATION OF LAND IDENTIFIED AS APNs 0229-291-23 AND 46 AND ADOPTING A PLAN OF SERVICE FOR SUCH LAND. A. Recitals. 1. Kimley-Horn and Associates, on behalf of Hillwood Enterprises, L.P. (the “Applicant”), filed an application for entitlements to the City of Rancho Cucamonga for a proposed development of two new industrial buildings totaling approximately 655,878 square feet on an approximately 35-acre project site located approximately 650 feet east of Etiwanda Avenue and north of Napa Street, APNs: 0229-291-23, 46 and 54 (the “Project Site”). 2. A portion of the Project Site, specifically a 2.9-acre parcel identified as APN: 0229-291-46 and a 0.69-acre portion of a parcel identified as APN: 0229-291-23, is currently located within unincorporated San Bernardino County and within the City of Fontana’s Sphere of Influence (the “Annexation Area”). 3. The Applicant is expected to submit a petition to annex the Annexation Area into the City of Rancho Cucamonga. To that end, the City and the Rancho Cucamonga Fire Protection District must consent to the annexation and approve plans of service for their respective agencies. 4. All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District hereby resolves as follows: Section 1. The facts set forth in the Recitals, Part A of this Resolution, are true and correct. Section 2. The Board of Directors hereby consents to the San Bernardino County LAFCO’s approval of an annexation into the Rancho Cucamonga Fire Protection District and related sphere of influence amendment for the Annexation Area parcels identified as APNs 0229-291-23 and 0229-291-46. The Board of Directors further approves the plan for service for the Annexation Area attached hereto as Exhibit “A”. Section 3.The District Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 5th day of January, 2021. ________________________________ L. Dennis Michael, President Page 306 I, Janice C. Reynolds, District Secretary, Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was passed at a regular meeting of the Board of Directors of the Rancho Cucamonga Fire Protection District held on the 5th day of January, 2021, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAINED: BOARD MEMBERS: ATTEST: ____________________________________ District Secretary, Rancho Cucamonga Fire Protection District Page 307 EXHIBIT A PLAN FOR PLAN FOR SERVICE 5000 Birch Street, Suite 3000 Newport Beach, CA 92660 CITY OF RANCHO CUCAMONGA PLAN FOR SERVICE ANNEXATION OF 4.8 ACRES IN CONNECTION WITH PROPOSED SPEEDWAY COMMERCE CENTER PROJECT Prepared for: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 www.FinanceDTA.com Page 308 TABLE OF CONTENTS SECTION PAGE I INTRODUCTION ........................................................1 II DESCRIPTION OF PROPOSED SPEEDWAY COMMERCE CENTER PROJECT AND THE 4.8 ACRE ANNEXATION AREA ..................................................3 A Description of the Project Site .........................................3 B Description of the Annexation Area ..............................4 III PLAN FOR SERVICE BEFORE AND AFTER ANNEXATION OF 4.8 ACRES ....................................6 IV General Government and Administrative Services .. 8 A Fire Protection and Emergency Response Services ..9 V Wildland Fire Prevention and Protection....................10 VI Law Enforcement ..........................................................10 VII Library .............................................................................10 VIII Parks and Recreation ....................................................11 IX Animal Control ...............................................................11 X Street Lighting ...................................................................11 XI Landscape Maintenance ...............................................12 XII Water ...................................................................................12 XIII Wastewater ....................................................................12 XIV Transportation................................................................13 XV Flood Control and Drainage .........................................13 XVI Utilities ...............................................................................14 XVII Schools ............................................................................14 XVIII Solid Waste Management .............................................14 XIX ONE-TIME DEVELOPMENT IMPACT FEES ..............15 Page 309 SECTION I INTRODUCTIO N www.FinanceDTA.com City of Rancho Cucamonga Speedway Commerce Center Plan for Service November 5, 2021 1 I INTRODUCTION The Speedway Commerce Center project (the “Project”) is currently under consideration for approval by the City of Rancho Cucamonga (the "City") City Council. The Project site includes an estimated 35.73 acres of vacant land in the eastern portion of the City located approximately 1.3 miles east of Interstate 15 and approximately 1.5 miles north of Interstate 10. An estimated 92% of the Project site is currently located within the City, with the remainder located in unincorporated San Bernardino County (the “County”) within the City of Fontana Sphere of Influence. The Project has submitted a pre-zone application and annexation proposal for the portion of the Project located in the unincorporated County and certain adjacent property to the west to create a logical boundary into the City from the centerline of Napa Street, east of Etiwanda Avenue and west of the San Sevaine Channel. While all of the Project’s building square footage is to be constructed within 32.83 acres of the Project site that is already located within the City, a remaining 2.9-acre portion of the site consisting solely of a portion of the Project’s parking lot is currently located in the unincorporated County and will need to be annexed into the City. The entire area to be annexed (the “Annexation Area”) will also include 1.9 additional acres that consist of an unmanned parcel owned by Southern Cal Edison (the “SCE Parcel”) on which transmission wires are located, and a portion of the right of way for Napa Street. The intent of this Plan for Service (“PFS”) is to provide the County of San Bernardino Local Agency Formation Commission (“LAFCO”) with sufficient information to assess which public agencies will be responsible for providing municipal services to the Annexation Area once it has been absorbed by the City. DTA is also preparing a separate PFS focusing specifically on the Cucamonga Valley Water District (“CVWD”), which will be annexing not just the Annexation Area, but also the remainder of the Project. As the remainder of the Project is already located in the City, it is not discussed in depth within this Annexation Area PFS, which is why the separate PFS is being prepared to cover the provision of wastewater services by CVWD. While a standard PFS typically also includes information on the fiscal impacts of an annexation action on the City General Fund and the General Funds of other municipal agencies that will be providing the annexed area, this Annexation Area is different because it is expected to include only very minimal development in terms of a 2.9-acre portion of a parking lot and a 1.9-acre SCE parcel containing only electrical transmission lines. Therefore, it is anticipated that no new revenues will be generated within the Annexation Area, and the services to be provided therein will be minimal. However, DTA has previously prepared a fiscal impact analysis (“FIA”) that has been reviewed and approved by the City that analyzes the impacts of the overall Project on the City General Fund. As this FIA (the “Project FIA”) includes the small portion of the Project that is located in the Annexation Area, it will also be submitted separately from this PFS to the City for review and certification in-lieu of a new FIA analyzing just the Annexation Area. Page 310 SECTION I INTRODUCTIO N www.FinanceDTA.com City of Rancho Cucamonga Speedway Commerce Center Plan for Service November 5, 2021 2 In addition, as the fiscal impacts of the Project on the Rancho Cucamonga Fire Protection District (“RCFPD”) and the CHWD were not included in the Project FIA, DTA will also be preparing separate FIAs specifically focusing on the entire Project’s impacts on both of these agencies. Notably, the CHWD fiscal analysis will be packaged together with the separate PFS for CHWD wastewater services previously discussed because the area to be annexed into CHWD will include the entire 35.73-acre Project site, not just the 4.8-acre Annexation Area. Page 311 SECTION IIDESCRIPTION OF PROPOSED SPEEDWAY COMMERCE CENTERPROJECT AND THE 4.8 ACRE ANNEXATION AREA www.FinanceDTA.com City of Rancho Cucamonga Speedway Commerce Center Plan for Service November 5, 2021 3 II DESCRIPTION OF PROPOSED SPEEDWAY COMMERCE CENTER PROJECT AND THE 4.8 ACRE ANNEXATION AREA A Description of the Project Site The Project site, as depicted in Figure 1 below, encompasses approximately 35.73 acres of vacant land in the eastern portion of the City and is located directly south of the Burlington Northern Santa Fe Railway, directly west of San Sevaine Channel, north of Napa Street in the City and County, and east of the East Etiwanda Creek channel. Figure 1: Aerial Map for Proposed Project Site The Project site is proposed to be developed into two industrial buildings totaling approximately 655,878 square feet of new warehouse space and related on-site and off-site improvements. A summary of the land uses and building square footage (“BSF”) associated with each land use in the Project is listed below in Table 1. The conceptual site plan for Buildings A and B within the Project is illustrated in Figure 2 below. Page 312 SECTION IIDESCRIPTION OF PROPOSED SPEEDWAY COMMERCE CENTERPROJECT AND THE 4.8 ACRE ANNEXATION AREA www.FinanceDTA.com City of Rancho Cucamonga Speedway Commerce Center Plan for Service November 5, 2021 4 Table 1: Proposed Land Uses for the Project Land Use BSF Building A - Warehouse 500,648 Building B - Warehouse 155,230 Figure 2: Proposed Speedway Commerce Center Project B Description of the Annexation Area The proposed Annexation Area consists of 4.8 acres that include 2.9 acres representing the southeast portion of the proposed Speedway Commerce Center project (the “Project”), as well as 1.9 acres made up of an undeveloped parcel containing transmission wires owned by Southern Cal Edison (“SCE”) and a portion of Napa Street right of way. A map delineating the Annexation Area is shown below in Figure 3. Page 313 SECTION IIDESCRIPTION OF PROPOSED SPEEDWAY COMMERCE CENTERPROJECT AND THE 4.8 ACRE ANNEXATION AREA www.FinanceDTA.com City of Rancho Cucamonga Speedway Commerce Center Plan for Service November 5, 2021 5 Figure 3: Proposed Annexation Area for Speedway Commerce Center Project As reflected in Figures 2 and 3 above, the 2.9-acre portion of the Annexation Area is anticipated to be used solely as a portion of the Project’s parking lot, with the SCE parcel continuing its current use as a transmission tower site. Page 314 SECTION IIIPLAN FOR SERVICE BEFORE AND AFTER ANNEXATION OF 4.8 ACRESwww.FinanceDTA.com City of Rancho Cucamonga Speedway Commerce Center Plan for Service November 5, 2021 6 III PLAN FOR SERVICE BEFORE AND AFTER ANNEXATION OF 4.8 ACRES As noted previously, the Annexation Area consists of a 4.8-acre portion of the Project and adjacent SCE Site that is currently being serviced by the County that will need to be annexed into the City. However, as neither the City nor the County provide certain required municipal services, the Annexation Area will also be subject to annexations to additional districts, as detailed below. However, as noted previously, the entire Project, as opposed to just the Annexation Area, will be annexed into CVWD to obtain sewer services. As the entire Project encompasses 35.7 acres, which is significantly larger than the 4.8-acre Annexation Area, DTA has prepared an entirely separate PFS covering wastewater services that will be submitted directly to CHWD for review and confirmation, and is not included in this PFS. The list of municipal services necessary to serve the Annexation Area are the following: General Government and Administrative Services; Fire Protection and Emergency Response Services; Sheriff/Police and Public Safety Services; Library; Parks and Recreation; Animal Control; Street Lighting; Landscape Maintenance; Water; Wastewater; Transportation; Flood Control and Drainage; Utilities; Schools; and Solid Water Management. Table 2, below, provides a summary of which public agencies are currently responsible for providing each type of municipal service now, prior to the annexation, as well as which public agency is anticipated to be providing that same service after the annexation. In addition, one- time development impact fees (“DIFs”) are collected by a number of public agencies to fund the capital costs of public facilities, as summarized in Section IV of this Study. Page 315 SECTION IIIPLAN FOR SERVICE BEFORE AND AFTER ANNEXATION OF 4.8 ACRESwww.FinanceDTA.com City of Rancho Cucamonga Speedway Commerce Center Plan for Service November 5, 2021 7 Table 2: Municipal Services Providers for Proposed Annexation Area 1 Municipal Services Current Municipal Provider Future Municipal Provider After Annexation General Government and Administrative Services2 County of San Bernardino City of Rancho Cucamonga Fire Protection and Emergency Response Services Fontana Fire Protection District (“FFPD”) contract with County of San Bernardino Fire Department; and American Medical Response. Rancho Cucamonga Fire Protection District (“RCFPD”); and American Medical Response Sheriff/Police and Public Safety County of San Bernardino Sheriff's Department City contract with County of San Bernardino Sheriff's Department Library San Bernardino County Public Library Rancho Cucamonga Public Library Parks and Recreation Regional Facilities Local Facilities County of San Bernardino None County of San Bernardino Rancho Cucamonga Community Services Department Animal Control San Bernardino County Animal Care and Control Rancho Cucamonga Animal Care and Services Department Street Lighting None Rancho Cucamonga Municipal Utility (“RCMU”); and Citywide street lighting district. Landscape Maintenance San Bernardino County Rancho Cucamonga Public Works Services Department Water Inland Empire Utilities Agency (“IEUA”) – wholesale; and Fontana Water Company (“FWC”). IEUA – wholesale; and FWC. Sewer IEUA – regional. IEUA – regional; and Cucamonga Valley Water District. Transportation Freeways and Interchanges Transit Cal Trans Omnitrans Cal Trans Omnitrans 1 Some of the municipal services listed may not apply to the Proposed Annexation Area because it is anticipated that only a parking lot and unmanned utility easement will be located within that area. However, should future development plans change, the municipal services providers responsible for managing the public facilities associated with that future development are listed in this table. 2 Including General municipal administration, planning and community development services, economic development, local road operation and maintenance (“O&M”), street lighting O&M, local parks O&M, and human resources, among other services. Page 316 SECTION IIIPLAN FOR SERVICE BEFORE AND AFTER ANNEXATION OF 4.8 ACRESwww.FinanceDTA.com City of Rancho Cucamonga Speedway Commerce Center Plan for Service November 5, 2021 8 Municipal Services Current Municipal Provider Future Municipal Provider After Annexation Flood Control and Drainage Regional Facilities Local Facilities San Bernardino County Flood Control District San Bernardino County - Public Works San Bernardino County Flood Control District Rancho Cucamonga Public Works Services Department Utilities Cable/Internet Provider/Phone Power Natural Gas Charter Communications, Spectrum, and Frontier Southern California Edison Southern California Gas Company Charter Communications, Frontier, and RCMU RCMU Southern California Gas Company Schools Etiwanda School District (K-8); and Chaffey Joint Union High School District (9-12) Etiwanda School District (K-8); and Chaffey Joint Union High School District (9-12) Solid Waste Management Burrtec Waste Management Industries through franchise agreement with San Bernardino County Solid Waste Management Division. Burrtec Waste Management Industries through franchise agreement with City of Rancho Cucamonga. A written narrative describing the pre-annexation and post-annexation provision of each service listed above follows: A General Government and Administrative Services A.1 Before Annexation The County currently provides general government and administrative services to the Annexation Area. These include certain services that the County only provides in the unincorporated County, such as planning and community development services, economic development, arterial, collector and other local road operation and maintenance (“O&M”), street lighting and local parks O&M and human resources, among other services. In addition, the County provides certain services on a Countywide basis to both cities and the unincorporated County, such as criminal justice services related to jails and courts, which include district attorney, public defender and probation services, as well as health and welfare services and other Countywide functions. A.2 After Annexation The City will assume responsibility for all of the administrative and general government services that had been previously provided by the County exclusively for unincorporated County areas. As discussed above, these would include planning Page 317 SECTION IIIPLAN FOR SERVICE BEFORE AND AFTER ANNEXATION OF 4.8 ACRESwww.FinanceDTA.com City of Rancho Cucamonga Speedway Commerce Center Plan for Service November 5, 2021 9 and community development services, economic development, local road and street light O&M, etc. within the Annexation Area. The City’s road maintenance responsibilities would include the operations and maintenance of the ½ width of Napa Street that is being annexed into the City. However, the other services currently provided by the County on a Countywide basis, as also discussed above, will continue to be the County’s responsibility within the Annexation Area. These would include criminal justice services, health and welfare services, etc. B Fire Protection and Emergency Response Services B.1 Before Annexation FFPD currently provides the fire protection and emergency response services to the Annexation Area. FFPD, through contract with the San Bernardino County Fire Department, serves approximately 52.4 square miles (“SM”), encompassing 42.4 SM within the limits of the City of Fontana and 10 SM within Fontana’s Sphere of Influence area (“SOI”). The Annexation Area is primarily served by Fire Station 73, located at 14360 Arrow Boulevard in Fontana. American Medical Response provides private ambulance services. B.2 After Annexation The RCFPD will provide the fire protection and emergency response services to the Annexation Area after its annexation. RCFPD encompasses approximately 50 SM of service area within the City limits and the City's SOI. The Annexation Area will be served by (i) the Jersey Fire Station, located at 11297 Jersey Boulevard, which is approximately 3 roadway miles west of the Annexation Area, and (ii) Day Creek Fire Station, located at 12270 Firehouse Court, which is approximately 3.3 roadway miles to the northwest of the Annexation Area. Based on its proximity to two existing fire stations, the Annexation Area will be adequately served by fire protection services, and no new or expanded unplanned facilities would be required. In addition, the entire Project site, including the portion within the Annexation Area, is required to be annexed into Community Facilities District (“CFD”) No. 85-1 as one of the City’s conditions of development approval. CFD No. 85-1 was initially approved by the qualified voters within the CFD in a special election to authorize the levy of a special tax to fund fire suppression services and facilities within the boundaries of Archibald Avenue, Etiwanda Avenue, Highland Avenue and Fourth Street. The American Medical Response, a private ambulance service, provides ambulance services to the Annexation Area. AMR is located at 7925 Center Avenue in Rancho Cucamonga. Page 318 SECTION IIIPLAN FOR SERVICE BEFORE AND AFTER ANNEXATION OF 4.8 ACRESwww.FinanceDTA.com City of Rancho Cucamonga Speedway Commerce Center Plan for Service November 5, 2021 10 C Wildland Fire Prevention and Protection C.1 Before Annexation FFPD, through a contract with the San Bernardino County Fire Department, currently provides the wildfire prevention and protection services to the Annexation Area. C.2 After Annexation RCFPD will provide the wildfire prevention and protection services to the Annexation Area after its annexation. D Law Enforcement D.1 Before Annexation The San Bernardino County Sheriff’s Department (“SBCSD”) provides public safety services to the unincorporated areas. D.2 After Annexation Since incorporation in 1977, law enforcement services in the City have been provided through a contract with SBCSD. The closest police station to the Annexation Area is the Victoria Gardens Substation, located at 7743 Kew Avenue, which is approximately 2.5 roadway miles northwest of the Annexation Area. In addition, the Police Department Headquarters (SBCSD Rancho Cucamonga Patrol Station) is located at 10510 Civic Center Drive, which is approximately 3.9 roadway miles northwest of the Annexation Area. Furthermore, a joint facility including a police substation and several other municipal offices, is proposed at the Empire Lakes development located approximately 3.8 roadway miles west of the Annexation Area. Based on its proximity to these existing and proposed police stations and their projected staffing levels, the Annexation Area will be adequately served by existing police protection services, and no new or expanded unplanned facilities would be required. E Library E.1 Before Annexation Currently, the Annexation Area is served by the San Bernardino County Library system. The nearest County library is the Fontana Lewis Library & Technology Center, located at 8437 Sierra Avenue in Fontana. E.2 After Annexation The Rancho Cucamonga Public Library will serve the Annexation Area after its annexation. The closest City library to the Annexation Area is the Paul A. Biane Library, located at 12505 Cultural Center Drive, which is approximately 2.4 roadway miles northwest of the Annexation Area. Page 319 SECTION IIIPLAN FOR SERVICE BEFORE AND AFTER ANNEXATION OF 4.8 ACRESwww.FinanceDTA.com City of Rancho Cucamonga Speedway Commerce Center Plan for Service November 5, 2021 11 F Parks and Recreation F.1 Before Annexation The County Regional Parks Department (“CRPD”) provides regional park services to all residents and employed persons within the County, including located in both incorporated and unincorporated areas. The closest regional park is Cucamonga Guasti Regional Park in Ontario, which includes recreational areas for water sports, hiking and picnicking. But CRPD’s mandate is only to provide regional park facilities, so it does not support the construction, operations or maintenance of local parks anywhere within its jurisdiction, including within the Annexation Area. F.2 After Annexation The City’s Community Services Department will operate and maintain the City’s local parks and recreation facilities after annexation. This City Department currently supports the operations and maintenance of over 30 local park sites within the City which are available for use by residents and employed persons located within the Annexation Area., The largest park and recreational facilities operated by this City Department includes the Community Center at Lions East and Lions West, Family Resource Center, Central Park Senior/Community Center, Rancho Cucamonga Sports Center, Epicenter/Sports Complex, and Victoria Gardens Cultural Center. G Animal Control G.1 Before Annexation The San Bernardino County Animal Care and Control Program currently operates two animal shelters within the County, located in Big Bear and Devore, both of which are relatively distant from the Annexation Area. G.2 After Annexation The Rancho Cucamonga Animal Care and Services Department will provide animal control services to the Annexation Area after its annexation. The Department’s animal shelter facilities are located at 11780 Arrow Route in the City. H Street Lighting H.1 Before Annexation The Annexation Area presently does not contain any streetlights. H.2 After Annexation Upon annexation, RCMU will be responsible for operating and maintaining streetlights in the Annexation Area. The Annexation Area is conditioned by the City to be annexed into SLD No. 1, which is the City’s street lighting finance district, Page 320 SECTION IIIPLAN FOR SERVICE BEFORE AND AFTER ANNEXATION OF 4.8 ACRESwww.FinanceDTA.com City of Rancho Cucamonga Speedway Commerce Center Plan for Service November 5, 2021 12 I Landscape Maintenance I.1 Before Annexation Currently, the County is responsible for the limited amount of landscape maintenance required within the Annexation Area. I.2 After Annexation Upon annexation, the City’s Public Works Department will be responsible for providing operations and maintenance services for the landscaping of any publicly owned parkways and medians within the Annexation Area, including operations and maintenance work on the ½ width of Napa Street that is being annexed into the City. J Water J.1 Before Annexation FWC is a local water company currently providing water treatment, storage, and distribution of domestic water to the Annexation Area. FWC owns and operates three water treatment facilities, treating a combination of well and surface water. In 2020, water utilized within the City originated from three main sources; (i) approximately 60% groundwater, (ii) 15% local surface water, and (iii) 25% water from the State Water Project. Groundwater is produced from Chino Basin, Rialto Basin and Lytle Basin, and an unnamed basin. Local surface water from Lytle Creek and imported surface water from the State Water Project originating in Northern California are treated at the Sandhill Water Treatment Plant, a 29 million-gallon-per-day (MGD) treatment plant that is comprised of a 12 MGD Conventional filtration treatment facility and a 17 MGD Diatomaceous Earth filtration treatment facility. IEUA is a state water contractor for the Metropolitan Water District of Southern California (“MWD”), and is a regional wholesaler that delivers water at an average of 1.5 billion gallons of water per day to a 5,200 square mile service area. J.2 After Annexation FWC will continue to be the retail water service provider for the Annexation Area after its annexation, and IEUA will continue to be its wholesale water supplier. K Wastewater K.1 Before Annexation IEUA is a regional wastewater treatment agency and wholesale distributor of imported water that operates wastewater treatment facilities. The entire Project site, including the portion within the Annexation Area, currently does not receive any local wastewater services. Page 321 SECTION IIIPLAN FOR SERVICE BEFORE AND AFTER ANNEXATION OF 4.8 ACRESwww.FinanceDTA.com City of Rancho Cucamonga Speedway Commerce Center Plan for Service November 5, 2021 13 K.2 After Annexation IEUA will continue to be the regional wastewater treatment agency for the Annexation Area, while the CVWD will be the local wastewater service provider for the Annexation Area. CVWD currently operates and maintains approximately 421 miles of wastewater collection system ranging from 8 to 36 inches in diameter. Wastewater generated by the Project site would be transported through this collection system and conveyed to IEUA’s RP-1 and RP-4 regional water recycling plants where it is processed into recycled water. IEUA owns and operates a system of regional trunk and interceptor sewers that transport wastewater to the regional wastewater treatment plants. In order to avoid overloading issues at any one facility, wastewater can be diverted from one regional plant to another. As the entire Project, not just the Annexation Area, will be annexed into CVWD, a PFS and FIA are required to analyze the annexation of the entire Project into CVWD. These two analyses are being prepared separately from this Annexation Area PFS, and will be submitted to CVWD upon their completion. L Transportation L.1 Before Annexation Caltrans currently operates and maintains freeways located in unincorporated County, while, as noted in Section A.1 of this study, arterials, collectors and other local roads are operated and maintained by the County Public Works Department. Omnitrans provide public transit in the unincorporated County. L.2 After Annexation Caltrans and Omnitrans will continue to provide freeway and public transit services to the Annexation Area once the annexation has been completed. As noted previously in Section A.2, the City will be responsible for the operations and maintenance of local roads within the Annexation Area. M Flood Control and Drainage M.1 Before Annexation The County Flood Control District provides operations and maintenance services for regional flood control facilities, while any local drainage facilities, such as neighborhood detention basins, channels and bioswales are managed by the County’s Public Works Department. M.2 After Annexation The County Flood Control District will continue to manage regional flood control facilities on behalf of the Annexation Area, whereas the City’s Department of Public Works will take over responsibilities for the local drainage facilities cited above. Page 322 SECTION IIIPLAN FOR SERVICE BEFORE AND AFTER ANNEXATION OF 4.8 ACRESwww.FinanceDTA.com City of Rancho Cucamonga Speedway Commerce Center Plan for Service November 5, 2021 14 N Utilities N.1 Before Annexation The current providers of cable television and internet service within the area are Charter Communications, Spectrum and Frontier Communications. Telephone services are also provided by Frontier Communications, whereas electricity is supplied by Southern California Edison and natural gas by Southern California Gas Company. N.2 After Annexation Most of the utility services in the Annexation Area will continue to be maintained by the same private parties, with the exception of cable service and electricity, which will be furnished by RCMU. O Schools O.1 Before Annexation The local primary elementary school is being operated by the Etiwanda School District (“ESD”). High School facilities are the responsibility of Chaffey Joint Union High School District (“CJUHSD”). O.2 After Annexation Both primary and secondary school services will continue to be the responsibility of ESD and CJUHSD, respectively. P Solid Waste Management P.1 Before Annexation Burrtec Waste Management Industries currently provides waste and recycling services to the Annexation Area through a franchise agreement with the County Solid Waste Management Division. P.2 After Annexation Burrtec Waste Management Industries will continue to provide waste and recycling services to the Annexation Area after its annexation, although its franchise agreement will be executed with the City rather than with the County, Page 323 SECTION IV City of Rancho Cucamonga Speedway Commerce Center Plan for Service November 5, 2021 15 ONE-TIME DEVELOPMENT IMPACT FEES IV ONE-TIME DEVELOPMENT IMPACT FEES Development impact fees (“DIFs”) are one-time fees utilized to fund a project’s fair share of a municipality’s infrastructure and capital needs, and are generally paid upon issuance of building permits and/or Certificates of Occupancy. As noted previously, the Annexation Area consists of 4.8 acres that will include the following anticipated land uses: 2.9 acres representing the southeast portion of the Project that is anticipated to be used solely as a portion of the Project’s parking lot; 1.9 acres of SCE-owned parcel containing transmission wires; and A portion of the Napa Street right of way. Based on these currently proposed land uses within the Annexation Area, no structures are to be built within the area, so no DIFs are anticipated to be collected within the Annexation Area itself. Only portions of the Project outside of the Annexation Area on which structures are to be built would require the payment of DIFs, and they would be paying DIFs equal to the Project’s fair share of the capital costs of public facilities necessitated by the structures built on the Project site. Notably, if the development plan for the Project changes such that the Annexation Area would include actual development other than the currently anticipated parking lot, DIFs could be collected. However, as DIF levels generally vary dependent upon the land use types being constructed, specific fee levels cannot be assigned to the Annexation Area at this time. www.FinanceDTA.com Page 324 11232-0001\2605939v1.doc SERVICE Page 325 P: (626) 381-9248 F: (626) 389-5414 E: info@mitchtsailaw.com Mitchell M. Tsai Attorney At Law 139 South Hudson Avenue Suite 200 Pasadena, California 91101 VIA E-MAIL September 23, 2021 Sean McPherson, Senior Planner City of Rancho Cucamonga, Planning Division 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Em: sean.mcpherson@cityofrc.us RE: Speedway Commerce Center Dear Sean McPherson, On behalf of the Southwest Regional Council of Carpenters (“Commenters” or “Carpenters”), my Office is withdrawing its opposition to and would like to express its support for the approval of the proposed Speedway Commerce Center Project (“Project”). The Project’s proponents have committed to utilize a local skilled and trained workforce, which SWRCC believes benefits both the environment and local economic development. Sincerely, ______________________ Mitchell M. Tsai Attorneys for Southwest Regional Council of Carpenters Attachment 12Page326 DESIGN REVIEW COMMENTS February 2, 2021 7:00 p.m. Sean McPherson, AICP, Senior Planner DESIGN REVIEW DRC2020-00177 – KIMLEY-HORN FOR HILLWOOD DEVELOPMENT CO. –A request for site plan and architectural design for the development of two industrial warehouse buildings, parking, and landscape improvements on vacant parcels located east of Etiwanda Avenue on the north of Napa Street; APN: 0229-291-54 and -46. An Environmental Impact Report is being prepared for this project. Site Characteristics: The project site comprises two adjacent parcels - one is located within the City of Rancho Cucamonga (APN: 0229-291-54), and the other is located within unincorporated San Bernardino County (APN: 0229-291-46) that is part of the City of Fontana’s Sphere of Influence (SOI). The cumulative project area of these two parcels totals approximately 35.4 acres of land. The project area is generally located east of Etiwanda Avenue at the north side of Napa Street, south of the Metrolink/Burlington Northern Santa Fe (BNSF) railway, west of the San Sevaine Channel and east of the East Etiwanda Creek channel. The project area is traversed by Southern California Edison (SCE) transmission lines running east-west and is roughly bisected by a curved north-south rail spur. The site is generally flat and at-grade with Napa Street and is void of any trees. Napa Street is currently located within unincorporated County, and is improved with curb, gutter, sidewalk, and streetlights. The existing Land Use, General Plan and Zoning designations for the project area and adjacent properties are as follows: Land Use General Plan Zoning Site* Vacant Heavy Industrial (HI) and Flood Control Utility Corridor (FC/UC) (for portion within City); Regional Industrial/Speedway RDA (IR) and General Industrial (I-G) (for portion within County/Fontana SOI) Heavy Industrial (HI) District (for portion within City); Regional Industrial Speedway RDA (IR) and General Industrial (M-2) (for portion within County/Fontana SOI) North Industrial Heavy Industrial (HI) and Flood Control/Utility Corridor (FC/UC) General Industrial (GI) District South Industrial (County/Fontana SOI) General Industrial (I-G) (within County/Fontana SOI) General Industrial (M-2) (within County/Fontana SOI) West Industrial and East Etiwanda Creek Heavy Industrial (HI) and Flood Control/Utility Corridor (FC/UC) Heavy Industrial (HI) District East San Sevaine Channel Open Space (OS) Open Space-Natural (OS-N) (within County/Fontana SOI) *In the 2010 General Plan, APN: 0229-291-54 also includes a “floating” designation as a location for a potential public park” 009009 Exhibit K Attachment 13 Page 327 DRC COMMENTS DESIGN REVIEW DRC2020-00177 – KIMLEY-HORN FOR HILLWOOD DEVELOPMENT CO. February 2, 2021 Page 2 Project Overview: The applicant proposes to annex the portion of the project area currently located outside the City’s jurisdiction and subdivide the two adjacent parcels referenced above and create two new parcels, Parcel I and Parcel II, to accommodate the development of two new industrial warehouse buildings: Building A, located on the proposed Parcel I, totals approximately 500,648 square feet; and Building B, located on the proposed Parcel II, totals approximately 155,230 square feet. Grading operations are proposed to be balanced on-site, with approximately 336,000 cubic yards of cut and fill. Each building includes approximately 10,000 square feet of office area. Building A, as proposed, will have a maximum height of approximately 58.5 feet and Building B, as proposed will have a maximum height of 46 feet. Access to the proposed project is primarily off Napa Street. However, a new north-south road (“Street A”) is also proposed to be constructed that will provide access to Parcel II. No uses are proposed for either building at this time though it is anticipated that the buildings will function as warehousing, distribution/logistics facilities. Staff notes that the applicant has also proposed an “Alternative Site Plan,” which proposes only one industrial warehouse building (Building A), totaling 500,648 square feet. In this alternative version of the project, Building A would be occupied by a potential “E-Commerce” user and Building B is replaced with a surface level parking lot providing 849 parking stalls. New Street and Relocation of SCE Easement & Infrastructure: Considering the size and scope of the project, certain public improvements are required including the aforementioned Street A. Street A is proposed to be constructed running north-south along the westerly property line of the project area. Street A will connect Napa Street to the south with a new planned east-west road to be located south and parallel to the Metrolink/BNSF railway. This future east-west road south of the railway is not part of the subject project and will be constructed at such time that surrounding parcels redevelop. In addition to the new Street A, staff also notes that the project requires the relocation of an existing SCE easement and related SCE infrastructure (i.e. transmission towers and lines). This SCE easement currently traverses the project area in an east-west orientation. The project proposes to relocate a portion of this easement to the south along Napa Street to allow for the placement of Building A. This new orientation will result in the SCE transmission towers being located along the frontage of Parcel I and in front of Building A. Alternative Rail Serve Plan: As the project area is roughly bisected by an existing rail spur, the subject project is required to demonstrate that rail service is possible pursuant to Development Code Section 17.36.040.D.6. The applicant is not required to construct rail-related improvements on the property. However, the plans must demonstrate that the site could have a functional/practical rail service if any future owner/tenant decides that rail service is required/desired. Accordingly, the applicant has provided an Alternative Rail Serve Plan (Sheet DAB-A1.1C of the attached plan set). The applicant’s Alternative Rail Serve Plan demonstrates that Building A can accommodate rail pursuant to Development Code standards without any loss of parking or relocation of drive aisles. Building B, however, will not be able to accommodate rail service due to the site configuration, lot size, radius of the track, and the encroachment of the track onto an adjacent parcel. The applicant has provided a written justification requesting that the Planning 010010Page328 DRC COMMENTS DESIGN REVIEW DRC2020-00177 – KIMLEY-HORN FOR HILLWOOD DEVELOPMENT CO. February 2, 2021 Page 3 Commission consider eliminating the requirement that Building B provide rail service. This justification is included with this report (Exhibit D), as “Attachment A to Alternative Rail Serve Plan.” Architecture: The proposed industrial warehouse buildings meet the City’s 360-degree architectural standards. Each building provides well-defined articulation and a varied use of architectural features creating an attractive aesthetic. For example, acknowledging the long span of each façade facing Napa Street, both Building A and Building B provide varied building heights, which start low at the corners of the buildings increasing in height toward the center of the façade facing Napa Street. This “stepped” building height provides visual interest and offers a range of building heights between 46-58 feet for Building A, and 38-46 feet for Building B. The corner of each building facing Napa Street provides office tower elements which exhibit an angled concrete feature backed by reflective blue glazing and aluminum storefront framing. Throughout each elevation, the typical concrete tilt-up façade is punctuated by panel joints, reveals, vertical glazing elements and, most notably, angled concrete features which provide an attractive and varied color pallet. These angled features break up the expanse of the façade by exhibiting bright colors including “Knockout Orange” (Sherwin Williams SW 6885), “Commodore” (SW 6524) and “Limon Fresco” (SW 9030). This bright pallet provides an attractive break to the subdued color pallet of grays which otherwise dominate the buildings. The proposed project exceeds all applicable development standards for the General Industrial (GI) district, as shown in the table below: Development Standard Required Proposed Complies? Building Height Maximum 35 feet (at front setback) and 75 feet (1-foot increment from the front setback line) Building A: (var.) 46-58.5 feet (beyond setback); Building B: (var.) 38-50.5 feet (beyond front setback) YES Floor Area Ratio (FAR) 40-50% Building A: 42.9%; Building B: 41.1% YES Front Building Setback Min. 25 feet Building A: 46 feet (Napa St.); Building B: 39.5 feet (“Street A”) YES Street Side Setback Min. 25 Feet (Napa Street for Building B) 69 feet (approx.) YES Average Depth of Landscape 25 feet 27 feet (“Street A”); 25 feet (Napa St.) YES Parking Setback Min. 15 feet (var.) 15-31 feet (approx.) YES Interior Side Yard Setback Min. 5 feet Building A: 314.5 feet (west PL), 126 feet (east PL); Building B: 137.3 (northerly property line) YES Rear Yard Setback Min. 0 feet Building A: 144 feet (approx.); Building B: 75.3 YES Open 5% Building A: 8.3%; Building B: YES 011011Page329 DRC COMMENTS DESIGN REVIEW DRC2020-00177 – KIMLEY-HORN FOR HILLWOOD DEVELOPMENT CO. February 2, 2021 Page 4 Parking and Landscaping: Pursuant to Development Code Section 17.64.050, 17.64.090 and Table 17.64.050-1, auto parking for warehouse/storage uses is based on a tiered ratio as illustrated in the table below. In addition, office areas require parking at 1 stall per 250 square feet. Further, the development code requires 1 trailer loading stall for each dock door proposed. As such, the proposed project is required to provide 183 auto parking stalls and 79 trailer loading stalls for Building A, and 97 auto parking stalls and 20 trailer loading stalls for Building B. The table below demonstrates the project’s compliance with all parking standards: Parking Ratio Required Parking Provided Parking Complies? Warehouse/storage and office 1 per 1,000 sf for the first 20,000 sf; 1 per 2,000 sf for the next 20,000 sf, and 1 per 4,000 sf for remaining sf Office requires 1 per 250 sf Building A: 183 stalls; Building B: 97 stalls Building A: 275; Building B: 108 YES Trailer Loading Stalls 1 per loading dock Building A: 79; Building B: 20 Building A: 87; Building B: 20 YES As noted, the applicant has included an alternative site plan which proposes only Building A, at 500,648 square feet, inclusive of 10,000 square feet of office area. In this alternative plan, the project requires 183 auto parking stalls and 48 trailer loading stalls and provides 1,456 auto parking stalls and 59 trailer loading stalls. The project also meets all relevant landscape standards, as noted in the table above. The landscape plan proposes approximately 287 new trees which provide a variety of 24-inch and 36-inch box trees, including but not limited to, “True Green” Chinese Elm trees (to be used as parking lot shade trees), California Sycamore, Holly Oak, and California Pepper trees. Ornamental ground cover, shrubs and vines make up the balance of the landscaped area. Staff notes that as a condition of approval, the applicant shall provide a landscape plan which demonstrates that the alternative site plan will comply with all landscape standards prior to the issuance of building permits. Tentative Parcel Map 20251: As mentioned, the project includes a request to approve a Tentative Parcel Map to consolidate various parcels within the project area and subdivide them into two new lots, Parcel I and Parcel II. Staff has reviewed the Tentative Parcel Map and has determined that each proposed parcel complies with the relevant development standards. Uniform Sign Program: Staff notes that the version of the project with two buildings may house three or more tenants. As such, and pursuant to Development Code Section 17.16.060, the Space/Landscape Standards 10.7% Note: the proposed “Alternative Site Plan” proposing only Building A also meets all relevant development standards 012012Page330 DRC COMMENTS DESIGN REVIEW DRC2020-00177 – KIMLEY-HORN FOR HILLWOOD DEVELOPMENT CO. February 2, 2021 Page 5 applicant has prepared a Uniform Sign Program which is included as an exhibit (Exhibit D) to this report for the committee’s review. Staff Comments Major Issues: The following broad design issues will be the focus of Committee discussion regarding the project: The project proposes an employee break area structure within the front setback of Building B. Discuss relocating this structure. Secondary Issues: Once all of the major issues have been addressed, and time permitting, the Committee will discuss the following secondary design issues: None. Policy Issues: The following items are a matter of Planning Commission policy and should be incorporated into the project design without discussion: 1. All Double Detector Checks (DDC) and Fire Department Connections (FDC) required and/or proposed shall be installed at locations that are not within direct view or line-of-sight of the office corner of the building. The specific locations of each DDC and FDC shall require the review and approval of the Planning Department and Fire Construction Services/Fire Department. All Double Detector Checks (DDC) and Fire Department Connections (FDC) screened behind a 4-foot high wall. For this project, these walls shall be constructed of poured in-place concrete with design elements incorporated to match the building. 2. Decorative paving shall be provided at each vehicle entrance to the site, behind the public right-of-way. These decoratively paved areas shall extend from the front property line to the building setback line and have a width equal to that of the driveway. 3. Downspouts shall not be visible from the exterior on any elevations of the building. All downspouts shall be routed through the interior of the building walls. Staff Recommendation: Staff recommends that the Design Review Committee forward the item to the Planning Commission for their consideration. Design Review Committee Action: Staff Planner: Sean McPherson, AICP, Senior Planner Staff Coordinator: Mike Smith, Principal Planner Attachment: Exhibit A: Project Plans dated January 22, 2021 Exhibit B: Colored Elevations Exhibit C: Uniform Sign Program Exhibit D: Attachment A to Alternative Rail Serve Plan (Narrative) 013013Page331 DATE: December 8, 2021 TO: Chairman and Members of the Planning Commission FROM: Matt Burris, AICP, Deputy City Manager/Interim Planning Director INITIATED BY:Sean McPherson, AICP SUBJECT:LOCATED ON NAPA STREET EAST OF ETIWANDA AVENUE – HILLWOOD ENTERPRISES, L.P. – Recommendation to the City Council for a General Plan Amendment (DRC2020-00184), Annexation (DRC2020-00185), Prezoning (DRC2020-00186), Tentative Parcel Map (SUBTPM20251), Design Review (DRC2020-00177), Conditional Use Permit (DRC2021-317), Uniform Sign Program (DRC2020-00178) and Development Agreement (DRC2021-00175) to Allow for the Development of Two New Industrial Warehouse Buildings on Certain Property Located Approximately 650 Feet East of Etiwanda Avenue North of Napa Street; APN: 0229-291-23, 0229-291-46 and 0229-291-54. An Environmental Impact Report (SCH No. 2020090076) was Prepared for the Project. Primary Case File No. DRC2020-00177. RECOMMENDATION: Staff recommends that the Planning Commission recommend that the City Council certify the Environmental Impact Report, make findings pursuant to the California Environmental Quality Act, adopt a mitigation monitoring and reporting program, and approve General Plan Amendment (DRC2020-00184), Annexation (DRC2020- 00185), Prezoning (DRC2020-00186), Tentative Parcel Map (SUBTPM20251), Design Review (DRC2020- 00177), Conditional Use Permit (DRC2021-00317), Uniform Sign Program (DRC2020-00178) and Development Agreement (DRC2021-00175) through the adoption of the attached Resolutions. EXECUTIVE SUMMARY: The applicant Kimley-Horn and Associates, on behalf of Hillwood Enterprises, L.P., proposes the construction of two new industrial warehouse buildings totaling approximately 655,878 square feet combined on property located approximately 650 feet east of Etiwanda Avenue north of Napa Street between the East Etiwanda Creek to the west, the San Sevaine Channel to the east and the Burlington Northern Santa Fe (BNSF)/Metrolink rail line to the north. The project area comprises two parcels: APN: 0229-291-54 which totals approximately 32.83 acres and is located within the City of Rancho Cucamonga; and APN: 0229-291-46 which totals approximately 2.9 acres and is located within unincorporated San Bernardino County and the City of Fontana’s Sphere of Influence (SOI). The applicant has applied for an Annexation and Prezoning in order to consolidate the entire project area into the City’s jurisdiction under an appropriate zoning designation. The proposed Annexation also includes a 0.69-acre portion of a third parcel identified as APN: 0229-291-23, located at the northeast corner of the intersection of Etiwanda Avenue and Napa Street. This 0.69-acre parcel is also proposed to be annexed into the City to create a logical boundary between the City and the unincorporated County area, but is not within the project area, is otherwise unrelated to the Project and is not proposed to be developed. The portion of the parcel in question is currently designated by San Bernardino County with a general plan land use of General Industrial (GI) and by the City of Fontana as Public Utility (P-UC). As part of the associated request for a General Plan Amendment, this 0.69-acre portion of APN: 0229-291-23 is proposed to be designated as Heavy Industrial and assigned a pre-zone designation of Industrial Employment (IE). To be sure, the San Bernardino County LAFCO approves annexations and the applicant is expected to process the annexation through LAFCO once the project entitlements are acted upon by the City. However, the City must consent to the annexation. Reference “Figure Page 10Attachment 14Page332 Page 2 of 11 1 0 2 5 1: Proposed Annexation Map” below which illustrates the location of these various parcels. Figure 1: Proposed Annexation Map The project site is largely vacant, with an existing rail spur running in a north-south orientation roughly bisecting the site which serves properties to the south and existing Southern California Edison (SCE) overhead powerlines traversing the site in an east-west orientation. The existing rail spur is proposed to remain; however, the existing overhead SCE powerlines are proposed to be relocated along Napa Street as well as through the eastern half of the site in order to accommodate the proposed project. The proposed project includes the construction of one new north-south street which will be located along the westerly property line of the project area and will be designed to eventually connect to a future east-west street located immediately south of the Metrolink railway and parallel to Napa Street. City staff proposes that this new north-south street be named Via Maris Place. The applicant and City have also negotiated a development agreement which includes a variety of provisions intended to off-set any adverse impacts the project may cause that are not otherwise mitigated through CEQA. Pursuant to Municipal Code Section 17.14.060.B, “when a proposed project requires more than one permit with more than one approving authority, all project permits shall be processed concurrently, and final action shall be taken by the highest-level designated approving authority for all such requested permits.” The City Council is the highest-level approving authority because it must approve the General Plan and Zoning amendments and development agreement. Staff has opted to process the package of entitlements concurrently such that the Planning Commission is the recommending body for all of the entitlements. Page 11Page333 Page 3 of 11 1 0 2 5 BACKGROUND: After the applicant submitted their application, but before it was deemed complete, the City Council enacted a moratorium on November 4, 2020 to prohibit certain industrial uses while the City updated its code standards in response to rising interest and significant demand for the development of new industrial uses and the redevelopment of legacy uses largely located within the Southeast Industrial Quadrant (SEIQ), an area of the City bounded by Arrow Route to the north, 4th Street to the south, I-15 Freeway to the west, and the City’s jurisdictional limit line to the east. Following the expiration of the moratorium on June 30, 2021, the City Council adopted Ordinance 982 on July 7 which established new development standards for industrial projects throughout the City in response to this demand in industrial development. Notably, the applications for the subject project which had been deemed complete prior to the effective date of Ordinance 982 were exempt from the new requirements of Ordinance 982. Except for the CUP application, the subject development applications had been deemed complete on January 7, 2021, which is prior to the adoption of Ordinance 982. Pursuant to Development Code Section 17.02.020F.1, “all land use permit applications that are active and that have been determined by the planning director to be complete before the effective date of this title, or any amendments thereto, will be processed according to the regulations in effect when the application was deemed complete.” Thus, as the subject application was deemed complete prior to the adoption of Ordinance 982, it has been analyzed against standards in effect prior to the adoption of Ordinance 982. PROJECT ANALYSIS: The project site is currently divided between both the Heavy Industrial (HI) and Flood Control/Utility Corridor (FC/UC) General Plan land use designations. The development application also includes Prezoning to designate the parcels to be annexed into the appropriate zoning designation. The existing General Plan and Zoning designations for the project site and adjacent properties are as follows: Land Use General Plan Zoning** Site*Vacant Heavy Industrial (HI) and Flood Control Utility Corridor (FC/UC) (for portion within City); General Industrial (GI)/ General Industrial (I- G) (for portion within County/Fontana SOI) Industrial Employment (IE) District (for portion within City); Regional Industrial (IR) (within County) and General Industrial (M-2) (for portion within Fontana SOI) North Industrial Heavy Industrial (HI) and Flood Control/Utility Corridor (FC/UC) Neo-Industrial (NI) District South Industrial (County/Fontana SOI) General Industrial (GI), Special Development (SD)/General Industrial (I-G) (within County/Fontana SOI) Regional Industrial (IR); Kaiser Commerce Center Specific Plan (KC/SP)/General Industrial (M-2) (within County/Fontana SOI) West Industrial and East Etiwanda Creek Heavy Industrial (HI) and Flood Control/Utility Corridor (FC/UC) Industrial Employment (IE) District Page 12Page334 Page 4 of 11 1 0 2 5 East San Sevaine Channel Open Space (OS) and General Industrial (GI) (within County/Fontana SOI) Regional Industrial (IR)/Open Space-Natural (OS-N) (within County/Fontana SOI) *In the 2010 General Plan, APN: 0229-291-54 also includes a “floating” designation as a location for a potential public park” **Prior to the adoption of Ordinance 982, the Industrial Employment (IE) zoning district was referred to as the Heavy Industrial (HI) district and the Neo-Industrial (NI) district was referred to as the General Industrial (GI) district. The applicant proposes to annex the portion of the project area currently located outside the City’s jurisdiction and subdivide the two adjacent parcels referenced above and create two new parcels, Parcel I and Parcel II, to accommodate the development of two new industrial warehouse buildings: Building A, located on the proposed Parcel I, totals approximately 500,648 square feet; and Building B, located on the proposed Parcel II, totals approximately 155,230 square feet. Grading operations are proposed to be balanced on-site, with approximately 336,000 cubic yards of cut and fill. Each building includes approximately 10,000 square feet of office area. Building A, as proposed, will have a maximum height of approximately 58.5 feet and Building B, as proposed will have a maximum height of 46 feet. Access to the proposed project is primarily off Napa Street. However, the new north-south road, Via Maris Place, is also proposed to be constructed that will provide access to Parcel II. Staff notes that the applicant has also proposed an “Alternate Site Plan,” which proposes only one industrial warehouse building (Building A), totaling 500,648 square feet. In this alternate version of the project, Building A would be occupied by a potential “E-Commerce” user and Building B is replaced with a surface level parking lot providing 849 parking stalls. Staff notes that as of the writing of the report, the developer has submitted plans for building permit plan check for the two-building iteration of the project and this is the project before the Planning Commission for consideration. Despite this, the environmental impact report prepared for the project included an analysis of this Alternate Site plan. New Street and Relocation of SCE Easement & Infrastructure: Considering the size and scope of the project, certain public improvements are required including the aforementioned Via Maris Place. Via Maris Place is proposed to be constructed running north-south along the westerly property line of the project area. Via Maris Place will connect Napa Street to the south with a new planned east-west road to be located south and parallel to the Metrolink/BNSF railway. This future east-west road south of the railway is not part of the subject project and will be constructed at such time that surrounding parcels redevelop. In addition to the new Via Maris Place, staff also notes that the project requires the relocation of an existing SCE easement and related SCE infrastructure (i.e. transmission towers along with transmission, distribution, and telecommunication lines). This SCE easement currently traverses the project area in an east-west orientation. The project proposes to relocate a portion of this easement to the south along Napa Street to allow for the placement of Building A. This new orientation will result in the SCE transmission towers being located along the frontage of Parcel I and in front of Building A. Alternative Rail Serve Plan: As the project area is roughly bisected by an existing rail spur, the subject project is required to demonstrate that rail service is possible pursuant to Development Code Section 17.36.040.D.6. The applicant is not required to construct rail-related improvements on the property. However, the plans must demonstrate that the site could have a functional/practical rail service if any future owner/tenant decides that rail service is required/desired. Accordingly, the applicant has provided an Alternative Rail Serve Plan (Sheet DAB-A1.1C of the attached plan set). The applicant’s Alternative Rail Serve Plan demonstrates that Building A can accommodate rail pursuant to Development Code standards without any loss of parking or relocation of drive aisles. Building B, however, Page 13Page335 Page 5 of 11 1 0 2 5 will not be able to accommodate rail service due to the site configuration, lot size, radius of the track, and the encroachment of the track onto an adjacent parcel. The applicant has provided a written justification requesting that the Planning Commission consider eliminating the requirement that Building B provide rail service. This justification is included with this report (Exhibit D), as “Attachment A to Alternative Rail Serve Plan.” Architecture: The proposed industrial warehouse buildings meet the City’s 360-degree architectural standards. Each building provides well-defined articulation and a varied use of architectural features creating an attractive aesthetic. For example, acknowledging the long span of each façade facing Napa Street, both Building A and Building B provide varied building heights, which start low at the corners of the buildings increasing in height toward the center of the façade facing Napa Street. This “stepped” building height provides visual interest and offers a range of building heights between 46-58 feet for Building A, and 38-46 feet for Building B. The corner of each building facing Napa Street provides office tower elements which exhibit an angled concrete feature backed by reflective blue glazing and aluminum storefront framing. Throughout each elevation, the typical concrete tilt-up façade is punctuated by panel joints, reveals, vertical glazing elements and, most notably, angled concrete features which provide an attractive and varied color pallet. These angled features break up the expanse of the façade by exhibiting bright colors including “Knockout Orange” (Sherwin Williams SW 6885), “Commodore” (SW 6524) and “Limon Fresco” (SW 9030). This bright pallet provides an attractive break to the subdued color pallet of grays which otherwise dominate the buildings. The proposed project exceeds all applicable development standards for the General Industrial (GI) district, as shown in the table below: Development Standard Required Proposed Complies? Building Height Maximum 35 feet (at front setback) and 75 feet (1-foot increment from the front setback line) Building A: (var.) 46-58.5 feet (beyond setback); Building B: (var.) 38-50.5 feet (beyond front setback) YES Floor Area Ratio (FAR)40-50%Building A: 42.9%; Building B: 41.1%YES Front Building Setback Min. 25 feet Building A: 46 feet (Napa St.); Building B: 39.5 feet (Via Maris Place) YES Street Side Setback Min. 25 Feet (Napa Street for Building B)69 feet (approx.)YES Average Depth of Landscape 25 feet 27 feet (Via Maris Place); 25 feet (Napa St.)YES Parking Setback Min. 15 feet (var.) 15-31 feet (approx.)YES Interior Side Yard Setback Min. 5 feet Building A: 314.5 feet (west PL), 126 feet (east PL); Building B: 137.3 (northerly property line) YES Rear Yard Setback Min. 0 feet Building A: 144 feet (approx.); Building B: 75.3 YES Open Space/Landscape Standards 5%Building A: 8.3%; Building B: 10.7%YES Note: the proposed “Alternative Site Plan” proposing only Building A also meets all relevant development standards Page 14Page336 Page 6 of 11 1 0 2 5 Parking and Landscaping: Pursuant to Development Code Section 17.64.050, 17.64.090 and Table 17.64.050- 1, auto parking for warehouse/storage uses is based on a tiered ratio as illustrated in the table below. In addition, office areas require parking at 1 stall per 250 square feet. Further, the development code requires 1 trailer loading stall for each dock door proposed. As such, the proposed project is required to provide 183 auto parking stalls and 79 trailer loading stalls for Building A, and 97 auto parking stalls and 20 trailer loading stalls for Building B. The table below demonstrates the project’s compliance with all parking standards: Parking Ratio Required Parking Provided Parking Complies? Warehouse/storage and office 1 per 1,000 sf for the first 20,000 sf; 1 per 2,000 sf for the next 20,000 sf, and 1 per 4,000 sf for remaining sf Office requires 1 per 250 sf Building A: 183 stalls; Building B: 97 stalls Building A: 275; Building B: 108 YES Trailer Loading Stalls 1 per loading dock Building A: 79; Building B: 20 Building A: 87; Building B: 20 YES The project also meets all relevant landscape standards, as noted in the table above. The landscape plan proposes approximately 287 new trees which provide a variety of 24-inch and 36-inch box trees, including but not limited to, “True Green” Chinese Elm trees (to be used as parking lot shade trees), California Sycamore, Holly Oak, and California Pepper trees. Ornamental ground cover, shrubs and vines make up the balance of the landscaped area. Traffic Improvements: As a result of the proposed project, certain improvements are required to improve traffic circulation adjacent to the site, as well as in the vicinity of the SEIQ. In addition to the new north-south street proposed along the westerly property line of the site which is intended to eventually connect Napa Street to future roadways adjacent to the BNSF/Metrolink railway, additional traffic related public improvements have been included in the development agreement consisting of minor traffic signal modifications, signal timing, and pavement restriping improvements. Entitlements Required for Proposed Development: The project requires a General Plan Amendment, a Zoning Map Amendment, Annexation, Prezoning, Tentative Parcel Map, Design Review, Conditional Use Permit, and Uniform Sign Program. Further, the applicant proposes to enter into a Development Agreement with the City, which requires the review and approval of an ordinance by the City Council. General Plan Amendment (DRC2020-00184): Currently, the general plan land use designation for the portion of the project area located within the City (APN:0229-291-54) is split between Heavy Industrial (HI) and Flood Control Utility Corridor (FC/UC), whereas the portion of the project area located outside the City’s jurisdiction (APN:0229-291-46), is currently located within unincorporated San Bernardino County and within the City of Fontana’s Sphere of Influence. APN:0229-291-46 currently has a land use designation of General industrial Industrial (GI) under San Bernardino County and a land use designation of General Industrial (I-G) under the City of Fontana. The proposed general Plan Amendment will: 1) Replace the Flood Control/Utility Corridor land use designation on parcel APN:0229-291-54 with a land use designation of Heavy Industrial to be consistent with the remainder of that parcel; and 2) designate the portions of the project area to be annexed with a Heavy Industrial land use designation. This includes assigning a Heavy Industrial land use designation to the 0.69-acre portion of parcel Page 15Page337 Page 7 of 11 1 0 2 5 APN:0229-291-23 which is also proposed to be annexed but is not considered as part of the project area to be developed. Further, and pursuant to the 2010 General Plan, the portion of the project site located within the City is currently identified as having a “Floating Park” land use designation to accommodate a potential “Napa Soccer Complex” future park facility. As noted on Figure PF-1 of the 2010 General Plan, the “location of future parks are not fixed and may be adjusted to accommodate future planning needs.” This area was identified as one potential location for a park, and the City entered into a Joint-Use Agreement with the property owner in an attempt to develop a soccer complex, however through the development process the site was determined to be infeasible for park development and the Joint-Use Agreement was terminated. Thus, the proposed General Plan Amendment will also remove this Floating Park designation. Staff notes that on November 10, 2021, the Planning Commission recommended that the City Council approve the PlanRC General Plan. The PlanRC General Plan is currently scheduled for a public hearing before the City Council on December 15, 2021. Notably, the subject development application requires review and approval by the City Council which will occur after December 15, 2021. If the subject development project is approved by the City Council prior to the adoption of the new general plan, the scope of the proposed General Plan Amendment will remain as described above. If, though, the City Council adopts the PlanRC General Plan prior to approval of the subject development application, the following changes to the scope of the requested General Plan Amendment will necessarily occur: The PlanRC General Plan removes the Floating Park designation, rendering the applicant’s request for the same action irrelevant. The PlanRC General Plan removes the Flood Control/Utility Corridor Land Use designation from the project site, rendering the applicant’s request for the same action irrelevant; The PlanRC General Plan also renames the Heavy Industrial General Plan land use designation to Industrial Employment District. This change in land use designation classifications is consistent as the implementing zone of Industrial Employment (IE) permits the proposed use in either land use designation. Staff notes that in either case, all exhibits in the General Plan will need to be updated to reflect the new city boundaries upon approval of the annexation. Annexation (DRC2020-00185): The proposed annexation to be applied for by the applicant with LAFCO will amend the boundaries of the City of Rancho Cucamonga, as well as unincorporated San Bernardino County and the City of Fontana’s SOI by increasing the area of Rancho Cucamonga by approximately 4.8 acres as measured from the centerline of Napa Street while reducing the size of the City of Fontana’s Sphere of Influence (SOI) by an equal amount. Specifically, the applicant proposes to annex a 2.9-acre parcel identified as APN: 0229-291- 46 into the City as part of the project to be used as parking, landscaped areas, and entrance to the proposed project. The annexation also includes a portion of another parcel, APN: 0229-291-23, which is not part of the project and which is not proposed to be developed. The portion of APN:0229-291-23 to be annexed comprises 0.69 acres of land located north of Napa Street and east of Etiwanda Avenue and is proposed to be annexed in order to create a logical jurisdictional boundary along the centerline of Napa Street from San Sevaine Channel to Etiwanda Avenue. The remaining 1.21 acres falls within Napa Street. The proposed annexation and change in jurisdictional boundaries, including Sphere of Influence boundaries, will require approval by San Bernardino LAFCO. Prezoning (DRC2020-00186): Related to the proposed annexation, the project also requires Prezoning pursuant to Development Code Section 17.22.050. APN:0229-291-46 is currently assigned a zoning classification of Regional Industrial (I-R) by San Bernardino County, and General Industrial (M-2) by the City of Fontana. Further, the aforementioned 0.69-acre portion of parcel APN:0229-291-23 is currently assigned a zoning classification of Regional Industrial (I-R) by San Bernardino County, and Public Utility (P-UC) by the City of Fontana. Approving the Prezoning application will change the zoning designation of these areas to Industrial Employment (IE) Zoning District upon approval of the annexation. Page 16Page338 Page 8 of 11 1 0 2 5 Tentative Parcel Map (SUBTPM20251): As mentioned, the project includes a request to approve a Tentative Parcel Map to consolidate the two existing parcels within the project area and subdivide them into two new parcels, Parcel I and Parcel II. Parcel I proposes an area of approximately 26.73 acres with street frontage along Napa Street and Parcel II proposes an area of approximately 8.67 acres with street frontage along Napa Street and the new Via Maris Place. Staff has reviewed the Tentative Parcel Map and has determined that it complies with the relevant development standards, subject to certain conditions of approval. Conditional Use Permit (DRC2021-00317): While the other entitlements are exempt from Ordinance 982, these applications did not address the potential uses/tenants for the project because the project is being built on a speculative basis. Therefore, no pending use permit application was deemed complete prior to the effective date of Ordinance 982, and future uses by tenants who occupy the building will be subject to new standards under Ordinance 982. Thus, the applicant is requesting the review and approval of a Conditional Use Permit subject to Development Code Section Table 17.30.030-1 to permit the following uses on the site: Storage Warehouse, Large – Light Manufacturing, and a Large Distribution and Fulfillment Center. Uniform Sign Program: The applicant has informed staff that the proposed project may accommodate up to four tenants. Development Code Section 17.16.060 provides that “…a uniform sign program shall be required for all new multi-tenant shipping center, office parks, and other multi-tenant, mixed-use or otherwise integrated developments of three of more separate tenants/uses that share buildings, public spaces, landscape and/or parking facilities.” Accordingly, and as the development could permit up to four tenants up to four tenants, the applicant has applied for a Uniform Sign Program. Development Agreement (DRC2021-00175): The developer has proposed to enter into a Development Agreement with the City. Pursuant to Development Code Section 17.22.060.A.1, development agreements: 1. Increase the certainty in the approval of development projects, thereby preventing the waste of resources, reducing the cost of development to the consumer, and encouraging investment in and commitment to comprehensive planning, all leading to the maximum efficient utilization of resources at the least economic cost to the public; 2. Provide assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval thereby strengthening the public planning process, encouraging private participation in comprehensive planning, and reducing the economic costs of development; 3. Enable the City to plan for and finance public facilities, including but not limited to, streets, sewerage, transportation, drinking water, school and utility facilities, thereby removing a serious impediment to the development of new housing. The proposed Development Agreement (hereafter referred to as the “Agreement”), includes, but is not limited to, the following major terms which are summarized below: The term of the development agreement would initially be six years, with an option for the applicant to extend the term by nine years upon payment of $2 million. A requirement for future tenants to designate Rancho Cucamonga as the point of sale for the material handling equipment used in Project’s operations; A requirement that the developer shall pay a “Community Benefit Fee,” in the amount of $4,300,000 in order to address the Project’s expected impacts on affordable housing demand, future greenhouse gas emissions, fire protection services, environmental justice and related impacts typically associated with large warehouse development. The applicant may receive a refund of up to 30% of the Community Benefit Fee in the event the project generates $500,000 in sales tax for a period of 3 years provided that the Developer can demonstrate that the tenant responsible for any 3 consecutive year period has a lease covering the entire term of the Development Agreement; Page 17Page339 Page 9 of 11 1 0 2 5 A requirement that the developer complete certain traffic improvements and pay a “Fair Share” contribution to the City’s Industrial Area Traffic Improvement Fund. The final amount of the Fair Share contribution is being assessed as of the writing of this report and will be determined prior to the City Council’s consideration of the project; A requirement that the Developer may pay a fee totaling $1,400,000 in lieu of undergrounding existing utilities on the site or along streets adjacent to the site; A requirement that the developer will pay for, and construct to City standards, a new public street along the west side of the project site, which will run north-south and eventually connect to a future expanded roadway network throughout the SEIQ; Design Review Committee: The Design Review Committee (Williams, Oaxaca and Smith), reviewed the project on February 2, 2021. No members of the public attended the meeting to speak on the item, and the Design Review Committee recommended that the item be forwarded to the Planning Commission as presented. Public Art: The project is subject to the public art requirement provided in Chapter 17.124 of the Development Code. As an industrial development, this project would typically include artwork that has a minimum value that meets or exceeds one dollar per square foot. While the valuation of public art would be approximately $655,878 (as it is based on building square footage of the project), staff notes that pursuant to the proposed development agreement, all but $100,000 of this amount is proposed to be transferred to the proposed community benefit fee. Fiscal Impact Analysis: The applicant has provided a Fiscal Impact Analysis prepared by DTA (2021), which was peer reviewed by Keyser Marston Associates, Inc. (KMA), a third-party consultant hired by the City. The Fiscal Impact Analysis conducted by DTA concluded the project would result in total recurring revenues of $123,300 with total recurring costs of $79,000 for a total annual recurring surplus to the City of $44,300. After analyzing the DTA study, KMA has determined that the actual anticipated annual recurring surplus to the City is more likely to be approximately $17,900. Considering this, the aforementioned Development Agreement requires that the developer contribute funds toward a Community Benefit Fee in order to offset the costs of the project to the community. CEQA DETERMINATION: Pursuant to the California Environmental Act (CEQA), an Environmental Impact Report (EIR) (SCH No. 2020090076), has been prepared for this project. Under CEQA, the purpose of an EIR is to inform the public about any significant impacts to the physical environment resulting from a project, identify ways to avoid or lessen the impacts, identify alternatives, and promote public participation. The contents of the EIR become a planning tool for the Planning Commission and City Council to use in determining the appropriate and best land use for the project site. The intent of this EIR is to address and evaluate potentially significant impacts of the proposed project and identify feasible mitigation measures and alternatives that may be adopted to reduce or eliminate these impacts. A summary of all of the project-related impacts and the recommended mitigation measures is provided in the Final EIR. The following summarizes key points in the environmental review process: Notice of Preparation and Public Scoping Meeting: The Notice of Preparation (NOP) serves as public notification that an EIR is being prepared and requests comment and input from responsible agencies and other interested parties regarding environmental issues to be addressed in the document. In addition to the NOP, CEQA recommends conducting a scoping meeting for the purpose of identifying the range of potential significant impacts that should be analyzed within the scope of the Draft EIR. The public scoping meeting is to receive public testimony on those issues that the public would like to have addressed in the EIR as it relates to the project and environment. Page 18Page340 Page 10 of 11 1 0 2 5 Accordingly, a notice advertising both the NOP and Public Scoping Meeting was prepared for the project and circulated on September 3, 2020 to the State Clearinghouse (SCH No. 2020090076), public agencies, Native American tribes, those interested parties who had previously requested notification and all property owners within 660 feet of the subject site. The notice advertising the NOP and the public scoping meeting was also published in the Inland Valley Daily Bulletin on September 7, 2020 and made publicly available on the City’s website. The Public Scoping Meeting was held virtually over Zoom on September 17, 2020. No members of the public or any interested party provided comments at the Public Scoping Meeting. The public comment period to respond to the NOP closed on October 3, 2020 and comment letters were received from the Native American Heritage Commission, California Department of Fish and Wildlife, California Department of Transportation, San Bernardino County Department of Public Works, Inland Empire Biking Alliance, South Coast Air Quality Management District (SCAQMD), Cucamonga Valley Water District (CVWD) and the Inland Empire Utilities Agency (IEUA). Written responses to all significant environmental issues raised were prepared and made available in the Draft Environmental Impact Report (DEIR). AB 52 and SB 18 Compliance: Notification in accordance with AB 52 was sent on December 23, 2020 to tribal communities from a list of six tribes that have requested notification by the city. Notification in accordance with SB 18 was sent out to thirteen tribal communities on August 24, 2020. In response to these notices, the San Manuel Band of Mission Indians (SMBMI) responded with comments though they did not request consultation. Rather the SMBMI provided language which they requested be made a part of the project mitigations. Accordingly, language from SMBMI has been incorporated into the Mitigation Monitoring and Reporting Program (MMRP). One other tribe (Gabrieleno Band of Mission Indians – Kizh Nation) held a phone consultation with City staff in January 2021 at which point this tribe requested a tribal monitor be on site during grading activities. Thus, the CEQA document prepared for the project reflects the requested language/mitigation measures. Draft EIR Preparation and Circulation: Following the NOP and Public Scoping Meeting, a DEIR was prepared and was distributed to Responsible and Trustee agencies, and individuals who had requested to review the DEIR. The DEIR was distributed for a 45-day public review period on June 29, 2021 with the comment period concluding on August 13, 2021. A Notice of Availability including electronic links to the DEIR and all technical appendices was posted at the County, published in the Inland Valley Daily Bulletin, mailed to all property owners within 660 feet, interested parties requesting such notification and posted on the city’s website on June 28, 2021. Further, and also on June 28, 2021, the DEIR and all technical appendices were provided to the Office of Planning and Research via the online “CEQAnet” portal for distribution to Responsible and Trustee agencies and hard copies of the DEIR and all technical appendices were provided for public review at the following locations: Archibald Library – 7368 Archibald Avenue, Rancho Cucamonga, CA 91730; Paul A Biane Library – 12505 Cultural Center Drive, Rancho Cucamonga, CA 91739; Planning Department Public Counter at City Hall – 10500 Civic Center Drive, Rancho Cucamonga, CA 91730. Comments were received from California Department of Fish and Wildlife (CDFW), South Coast Air Quality Management District (SCAQMD), Cucamonga Valley Water District (CVWD), Southern California Regional Rail Authority (Metrolink), Local Agency Formation Commission (LAFCO) and Mitchell Tsai, Attorney at Law (on behalf of Southwest Regional Council of Carpenters). Technical appendices and supporting documentation can be referenced on the City‘s website under the tab ”CEQA Documents Available for Review“ under the Current Projects & Planning Initiatives which can be accessed here: https://www.cityofrc.us/community-development/planning Mitigation Monitoring Reporting Program (MMRP): In compliance with CEQA, a monitoring program has been prepared. The MMRP is a reporting program that identifies each adopted mitigation measure or project design Page 19Page341 Page 11 of 11 1 0 2 5 feature that reduces the significance level of a particular impact. The MMRP indicates responsibility and timing milestones for each mitigation measure. Findings of Fact in Support of Determinations Related to Significant Environmental Impacts: The EIR concludes that upon implementation of the project and all recommended mitigation measures, impacts associated with the project would remain less than significant. No significant and unavoidable impact was identified; thus, it is determined that no Statement of Overriding Consideration is required to be adopted. CORRESPONDENCE: A notice of public hearing was mailed to all property owners within 1,500 feet of the subject property, the site was posted, and a notice of public hearing was published in the Inland Valley Daily Bulletin on November 24, 2021. To date, no comments or correspondence have been received in response to these notices as of the writing of this report. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: The development of the project achieves the City Council’s Core Value of “Intentionally embracing and anticipating the future,” and “continuous improvement.” In addition to providing the City with new industrial warehouse facilities which will attract quality tenants, the project also results in the construction of a new public street which will improve future circulation in the SEIQ by providing an additional north-south connection on Napa Street which will connect with the future expanded road network throughout the SEIQ. EXHIBITS: Exhibit A - Vicinity Map and Aerial Photograph Exhibit B - Project Plans and Uniform Sign Program Exhibit C - Draft EIR, Final EIR, Technical Appendices, Mitigation Monitoring and Reporting Program, EIR Findings Exhibit D - Planning Commission Resolution General Plan Amendment (DRC2020-00184) Exhibit E - Planning Commission Resolution Annexation (DRC2020-00185) and Prezoning (DRC2020-00186) Exhibit F - Planning Commission Resolution Tentative Parcel Map (SUBTPM20251) Exhibit G - Planning Commission Resolution Design Review (DRC2020-00177) Exhibit H - Planning Commission Resolution Conditional Use Permit (DRC2021-00317) Exhibit I - Planning Commission Resolution Uniform Sign Program (DRC2020-00178) Exhibit J - Planning Commission Resolution Development Agreement (DRC2020-00175) with Draft Development Agreement Exhibit K - Design Review Committee Comments Exhibit L - Conditions of Approval Page 20Page342 Conditions of Approval Community Development Department Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185, DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251 Project Name: Napa Industrial Development Location: -- - 022929154-0000 Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions The project shall comply with all mitigation measures identified in the Environmental Impact Report SCH No. (2020090076) and the corresponding Mitigation Monitoring and Reporting Program. 1. The proposed public street shall be named Via Maris Place. This street name shall be submitted for Planning Director review and approval in accordance with the adopted Street Naming Policy prior to approval of the final map. 2. Standard Conditions of Approval Any approval shall expire if Building Permits are not issued or approved use has not commenced within 2 years from the date of approval or a time extension has been granted. 3. Any modification or intensification of the approved use, including revisions in the operations of the business including changes to the operating days/hours; change in the location on-site or within the building of the use/activity that is approved by this Conditional Use Permit; improvements including new building construction; and/or other modifications/intensification beyond what is specifically approved by this Conditional Use Permit, shall require the review and approval by the appropriate discretionary body prior to submittal of documents for plan check/occupancy, construction, commencement of the activity, and/or issuance of a business license. The Planning Director may determine that modifications or intensifications of use require the submittal of an application to modify this Conditional Use Permit for review by the City. 4. This project is subject to public art requirement outlined in Chapter 17.124 of the Development Code, in accordance with Development Agreement DRC2021-00175. The applicant shall be required to install art onsite pursuant to Development Code Section 17.124 with a minimum value of $100,000, pursuant to Development Agreement DRC2021-00175. No final approval, such as a final inspection or the a issuance of a Certificate of Occupancy, for any development project (or if a multi-phased project, the final phase of a development project) that is subject to this requirement shall occur unless the public art requirement has been fulfilled to the satisfaction of the Planning Department. 5. The applicant shall sign the Statement of Agreement and Acceptance of Conditions of Approval provided by the Planning Department. The signed Statement of Agreement and Acceptance of Conditions of Approval shall be returned to the Planning Department prior to the submittal of grading/construction plans for plan check, request for a business license, and/or commencement of the approved activity. 6. www.CityofRC.us Printed: 12/2/2021 Page 343 Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185, DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251 Project Name: Napa Industrial Development Location: -- - 022929154-0000 Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 7. Copies of the signed Planning Commission Resolution of Approval or Approval Letter, Conditions of Approval, and all environmental mitigations shall be included on the plans (full size). The sheet (s) are for information only to all parties involved in the construction /grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 8. The applicant shall be required to pay California Department of Fish and Wildlife Notice of Determination & Environmental Impact Report fee. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Department within 5 days of the approval of the project by Planning Commission/City Council. 9. Front yard and corner side yard landscaping and irrigation shall be required per the Development Code. This requirement shall be in addition to the required street trees and slope planting. All landscaping shall be installed to the satisfaction of the Planning Department prior to the issuance of final occupancy. 10. A detailed landscape and irrigation plan, including slope planting and model home landscaping in the case of residential development, shall be prepared by a licensed landscape architect and submitted for Planning Director review and approval prior to the issuance of Building Permits for the development or prior final map approval in the case of a custom lot subdivision. For development occurring in the Very High Fire Hazard Severity Zone, the landscape plans will also be reviewed by Fire Construction Services. 11. The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included in the required landscape plans and shall be subject to Planning Director review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Services Department. 12. Landscaping and irrigation systems required to be installed within the public right -of-way on the perimeter of this project area shall be continuously maintained by the developer. 13. The signs indicated on the submitted plans are conceptual only and not a part of this approval. Any signs proposed for this development shall comply with the Development Code and Uniform Sign Program approved as part of this application. Sign plans shall be submitted for review and approval by the Building and Planning Departments as necessary prior to the issuance of sign permits. 14. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community, Specific Plans and /or Master Plans in effect at the time of Building Permit issuance. 15. www.CityofRC.us Page 2 of 20Printed: 12/2/2021 Page 344 Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185, DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251 Project Name: Napa Industrial Development Location: -- - 022929154-0000 Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval The site shall be developed and maintained in accordance with the approved plans which include Site Plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Department, the conditions contained herein, the Development Code regulations. 16. All Double Detector Checks (DDC) and Fire Department Connections (FDC) required and/or proposed shall be installed at locations that are not within direct view or line-of-sight of the office corner of the building. The specific locations of each DDC and FDC shall require the review and approval of the Planning Department and Fire Construction Services/Fire Department. All Double Detector Checks (DDC) and Fire Department Connections (FDC) screened behind a 4-foot high wall. For this project, these walls shall be constructed of poured in-place concrete with design elements incorporated to match the building. 17. Downspouts shall not be visible from the exterior of any elevations of the buildings. All downspouts shall be routed through the interior of the building walls. Decorative paving shall be provided at each vehicle entrance to the site, behind the public right-of-way. These decoratively paved areas shall extend from the front property line to the building setback line and have a width equal to that of the driveway. 18. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the Planning Director. 19. Occupancy of the facilities shall not commence until such time as all California Building Code and State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Services Department to show compliance. The buildings shall be inspected for compliance and final acceptance granted prior to occupancy. 20. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 21. Trash receptacle(s) are required and shall meet City standards. The final design, locations, and the number of trash receptacles shall be subject to Planning Director review and approval prior to the issuance of Building Permits. 22. For commercial and industrial projects, paint roll-up doors and service doors to match main building colors. 23. This tentative tract map or tentative parcel map shall expire, unless extended by the Planning Commission, unless a complete final map is filed with the Engineering Services Department within 3 years from the date of the approval. 24. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination and in conformance with Building and Safety Services Department standards, the Municipal Code and the Rancho Cucamonga Fire Department (RCFD) Standards. 25. www.CityofRC.us Page 3 of 20Printed: 12/2/2021 Page 345 Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185, DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251 Project Name: Napa Industrial Development Location: -- - 022929154-0000 Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Engineering Services Department Please be advised of the following Special Conditions The existing driveways on Napa Street shall meet City Standard. If the driveways do not meet City Standard the developer shall be responsible for the reconstruction of the driveways. 1. The street lights shall be owned by the City. Developer shall be responsible to coordinate and pay all costs of street lights and to provide power to City owned street lights. 2. Development impact fees are due prior to issuance of a building permit or certificate of occupancy per the Engineering Fee schedule, Government Code Section 66000, et seq. and local ordinance. Pursuant to Government Code Section 66020(d), the 90-day approval period in which the applicant may protest these fees will begin at the date the fees are invoiced. Protests must be made in writing and be delivered to the City Clerk prior to the close of business on the 90th day of the 90-day approval period 3. RCMU Requirement: 1)Electric: The Rancho Cucamonga Municipal Utility (RCMU) shall be the electrical service provider for all project related development. The Developer shall execute a Line Extension Agreement for electric service and shall construct electrical distribution facilities in accordance with such agreement and RCMU requirements and dedicate such facilities to the Rancho Cucamonga Municipal Utility. RCMU’s existing underground electric system will be located off of Etiwanda Ave. 4. RCMU Requirement: 2)Fiber: The proposed development is slated to be included in the City ’s Fiber Optic Master Plan that would provide a City owned Fiber-to-the-Premise (FTTP) infrastructure. The City will require the developer to install a 1-4” UG Fiber Optic dark conduit on the north side of Napa Street along the project boundary along with a 3’x4’x3’ pullbox on each end of the route and into the project boundary. The size, placement and location of the conduit and vaults shall be shown on the Street Improvement and/or Public Improvement Plans and subject to the Engineering Services Department's review and approval prior to the issuance of building permits or final map approval, whichever comes first. On site, the City will require 1-2” UG HDPE or equal fiber optic conduit to be placed underground within a duct and structure system to be installed joint trench by the Developer per Standard Drawing 135-137 and interconnected into the City's 4" fiber optic conduit. The size, placement and location of the conduit and/or vaults shall run into the building's telecommunication room and be shown on the final dry utility onsite substructure plans and subject to the Engineering Services Department's review and approval prior to the issuance of building permits or final map approval, whichever comes first. 5. RCMU Requirement: 3) Streetlights: The existing streetlights along the frontage of the project boundary will need to be deeded to the City and retrofitted to the City ’s streetlight Standard Drawing 410. New Streetlights shall be installed along the proposed Industrial Road along the west boundary. Developer shall be responsible to coordinate and pay all costs of the street lights and to provide power to City owned street lights. 6. www.CityofRC.us Page 4 of 20Printed: 12/2/2021 Page 346 Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185, DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251 Project Name: Napa Industrial Development Location: -- - 022929154-0000 Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Please be advised of the following Special Conditions 7.No grading, encroachment, or building permits will be issued until the northerly half portion of Napa St. is annexed into the City. In the event that the Development Agreement is approved, the terms of the Development Agreement shall govern over this condition. Relocation of Edison Facilities to the north side of Napa St. must be undergrounded per the City's Undergrounding Policy. All electrical lines less than 66kv (telephone & cable) shall be undergrounded. 8. 9. Prior to approval of the parcel map the northerly half of Napa Street shall be annexed into the City. In the event that the Development Agreement is approved, the terms of the Development Agreement shall govern over this condition. www.CityofRC.us Page 5 of 20Printed: 12/2/2021 Page 347 Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185, DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251 Project Name: Napa Industrial Development Location: -- - 022929154-0000 Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Please be advised of the following Special Conditions Developer shall construct the following traffic improvements and dedicate the necessary right -of-way consistent with the Project's TIA and determined necessary by the City Engineer For Non-Sort Use a) [DIF] For the intersection of Etiwanda Avenue and 6th Street - Install a traffic signal b) [P] For the intersection of 4th Street at the I-15 SB Ramps and Ontario Mills Drive - Modify existing traffic signal to implement a 130-second cycle length and overlap phasing for the westbound right turn lane, restripe the southbound approach to provide one left turn lane, one through lane, and dual right turn lanes. Modify the traffic signal to implement overlap phasing for northbound and southbound right turn lanes. For Sort Use a) [P] For the intersection of Milliken Avenue and 4th Street - Modify the existing traffic signal to implement overlap phasing on the westbound right turn lane and modify the traffic signal to implement overlap phasing for the eastbound right turn lane. b) [P] For the intersection of Etiwanda Avenue and Arrow Route - Install striping to implement a second southbound left turn lane. c) For the intersection of Etiwanda Avenue and Napa Street - Install striping to add a northbound right turn lane and a second left turn lane. Modify the existing traffic signal to implement a northbound right turn overlap and a westbound right turn overlap. d) For the intersection of Haven Avenue and 4th Street - Modify the traffic signal to implement an optimized cycle length. e) For the intersection of Etiwanda Avenue and the I -10 eastbound ramps - Restripe the eastbound shared left and right turn lane to a dedicated right turn lane Reimbursement. An improvement identified as [P] in above is eligible for a 50% reimbursement of the actual costs if first constructed by Developer and the same improvement is also required to be constructed by the Bridge Point development. Developer may receive reimbursement of fifty percent (50%) of the actual cost of these improvements if the improvements are first constructed by Developer and the same improvements are also required to be constructed by the Bridge Point Rancho Cucamonga project located at 12434 4th Street. Alternatively, if the improvement is first constructed by the Bridge Point Rancho Cucamonga project, then Developer shall pay a reimbursement to the City, which will be passed through to the Bridge Point Rancho Cucamonga project ’s developer, equal to fifty percent (50%) of the actual cost of the improvements and is not required to construct the improvements . Improvements identified as [DIF] are currently listed in the City ’s Transportation Development Impact Fee Program and are eligible for credit and /or reimbursement up to the amounts identified in the program as of the date of payment of the Transportation Development Impact Fees. If these improvements are constructed by others prior to the development of this project, no credits or 10. www.CityofRC.us Page 6 of 20Printed: 12/2/2021 Page 348 Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185, DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251 Project Name: Napa Industrial Development Location: -- - 022929154-0000 Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Please be advised of the following Special Conditions reimbursements shall be owed to Developer. Fair Share Payment in lieu of Remaining Traffic Improvements. In lieu of constructing the opening year and horizon year (2040) traffic improvements outlined in the TIA but not described above, Developer shall have the right to pay a fair share fee into the City ’s Industrial Area Traffic Improvement Fund as determined by the City Engineer (the “Fair Share Fee”). The Fair Share Fee shall be due prior to issuance of the first certificate of occupancy for the Project. New Public Street. Developer shall construct, consistent with the City ’s standards and to the satisfaction of the City Engineer, a new public street on the west side of the Project site from Napa Street to the Project’s northerly property line with APN 0229-291-55, to be classified as an Industrial Collector (66-foot full-width right-of-way). Developer shall be responsible for all costs associated with the design and construction of the new public street. Standard Conditions of Approval Dedication shall be made of the following rights -of-way on the perimeter streets (running from north to south) along the west boundary: 66 total feet on "A" Street The industrial road shall be located as shown on the conceptual plans along the westerly boundary and extend from Napa Street northerly to the north property line. 11. Rights-of-way and easements shall be dedicated to the City for all public streets, public landscape areas, street trees, traffic signal encroachment and maintenance, and public drainage facilities as shown on the plans and /or tentative map. Private easements for non -public facilities (cross-lot drainage, local feeder trails, etc.) shall be reserved as shown on the plans and/or tentative map. 12. A final drainage study shall be submitted to and approved by the City Engineer prior to the issuance of Grading Permits. All drainage facilities shall be installed as required by the City Engineer. 13. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. 14. A permit from the San Bernardino County Flood Control District is required if any grading work is proposed within its right-of-way. 15. Trees are prohibited within 5 feet of the outside diameter of any public storm drain pipe measured from the outer edge of a mature tree trunk. 16. www.CityofRC.us Page 7 of 20Printed: 12/2/2021 Page 349 Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185, DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251 Project Name: Napa Industrial Development Location: -- - 022929154-0000 Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval ** CD Information Required Prior to Sign-Off for Building Permit Prior to the issuance of building permits, if valuation is greater or equal to $100,000, a Diversion Deposit and a related administrative fee shall be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 65% of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the City. Applicant must identify if they are self -hauling or utilizing Burrtec prior to issuance of a building permit. Proof of diversion must be submitted to the Environmental Engineering Division within 60 days following the completion of the construction and / or demolition project. Contact Marissa Ostos, Environmental Engineering, at (909) 774-4062 for more information. Instructions and forms are available at the City's website, www .cityofrc.us, under City Hall / Engineering / Environmental Programs / Construction & Demolition Diversion Program. 17. Prior to approval of the parcel map or lot merger, a deposit shall be posted with the City covering the estimated cost of apportioning the assessments under Assessment Districts LMD 3B, SLD 1 & SLD 6 and CFD 85-1 among the newly created parcels. 18. Permits or approvals shall be obtained from the following agencies for any work that may impact/ is within their right of way: a) Metropolitan Water District; b) San Bernardino County Flood Control District. c) Southern California Edison 19. A signed consent and waiver form to join and /or form the appropriate Landscape and Lighting Districts shall be filed with the Engineering Services Department prior to final map approval or a lot merger . Formation costs shall be borne by the developer. The developer is required to annex into LMD 3B, SLD 1 & SLD 6 and CFD 85-1. 20. Add the following note to any private landscape plans that show street trees: “All improvements within the public right-of-way, including street trees, shall be installed per the public improvement plans .” If there is a discrepancy between the public and private plans, the street improvement plans will govern. 21. Construct the following perimeter street improvements including, but not limited to: Street Name: "A" Street & Napa Curb & Gutter A.C. Pvmt Side-walk Drive Appr. Street Lights Street Trees 22. www.CityofRC.us Page 8 of 20Printed: 12/2/2021 Page 350 Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185, DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251 Project Name: Napa Industrial Development Location: -- - 022929154-0000 Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval Pursuant to Municipal Code Section 16.37.010, no person shall make connections from a source of energy, fuel or power to any building or structure which is regulated by technical codes and for which a permit is required unless, in addition to any and all other codes, regulations and ordinances, all improvements required by these conditions of development approval have been completed and accepted by the City Council, except: that in developments containing more than one building, structure or unit, the development may have energy connections made in equal proportion to the percentage of completion of all improvements required by these conditions of development approval, as determined by the City Engineer, provided that reasonable, safe and maintainable access to the property exists. In no case shall more than 95 percent of the buildings, structures or units be connected to energy sources prior to completion and acceptance of all improvements required by these conditions of development approval. 23. Improvement Plans and Construction: a. Street improvement plans, including street trees, street lights, and intersection safety lights on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or the issuance of Building Permits, whichever occurs first. b. Prior to any work being performed in public right -of-way, fees shall be paid and a construction permit shall be obtained from the Engineering Services Department in addition to any other permits required. c. Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and interconnect conduit shall be installed to the satisfaction of the City Engineer. d. Signal conduit with pull boxes shall be installed with any new construction or reconstruction project along major or secondary streets and at intersections for future traffic signals and interconnect wiring . Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other locations approved by the City Engineer. Notes: 1) Pull boxes shall be No. 6 at intersections and No. 5 along streets, a maximum of 200 feet apart, unless otherwise specified by the City Engineer. 2) Conduit shall be 3-inch pvc with pull rope or as specified. e. Access ramps for the disabled shall be installed on all corners of intersections per latest ADA standards or as directed by the City Engineer. f. Existing City roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Street or lane closure permits are required. A cash deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be installed to City Standards, except for single-family residential lots. h. Street names shall be approved by the Planning Manager prior to submittal for first plan check. 24. www.CityofRC.us Page 9 of 20Printed: 12/2/2021 Page 351 Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185, DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251 Project Name: Napa Industrial Development Location: -- - 022929154-0000 Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval Install street trees per City street tree design guidelines and standards as follows. The completed legend (box below) and construction notes shall appear on the title page of the street improvement plans. Street improvement plans shall include a line item within the construction legend stating: “Street trees shall be installed per the notes and legend on the Public Improvement Plan." Where public landscape plans are required, tree installation in those areas shall be per the public landscape improvement plans. Street Name: Napa Street and Industrial Street Botanical Name: Platanus Racemosa Common Name: California Sycamore Min. Grow Space: 40' o/c Spacing: 50' o/c Size: 15 gal. min. Qty.: to be determined during design Construction Notes for Street Trees: 1) All street trees are to be planted in accordance with City standard plans. 2) Prior to the commencement of any planting, an agronomic soils report shall be furnished to the City inspector. Any unusual toxicities or nutrient deficiencies may require backfill soil amendments, as determined by the City inspector. 3) All street trees are subject to inspection and acceptance by the Engineering Services Department. 25. Intersection line of sight designs shall be reviewed by the City Engineer for conformance with adopted policy. On collector or larger streets, lines of sight shall be plotted for all project intersections, including driveways. Local residential street intersections and commercial or industrial driveways may have lines of sight plotted as required. 26. During construction of "A" Street access shall be maintained for property to the north of the project site.27. All public improvements (interior streets, drainage facilities, community trails, paseos, landscaped areas, etc.) shown on the plans and /or tentative map shall be constructed to City Standards. Interior street improvements shall include, but are not limited to, curb and gutter, AC pavement, drive approaches, sidewalks, street lights, and street trees. 28. Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in accordance with the City's street tree program. 29. The developer shall be responsible for the relocation of existing utilities as necessary. Prior to the approval of the Parcel/Final Map, or issuance of a rough or precise grading plan (whichever comes first), the developer shall provide a non -interference letter (or equivalent) from Southern California Edison Company. 30. www.CityofRC.us Page 10 of 20Printed: 12/2/2021 Page 352 Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185, DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251 Project Name: Napa Industrial Development Location: -- - 022929154-0000 Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval Provide separate utility services to each parcel including sanitary sewerage system, water, gas, electric power, telephone, and cable TV (all underground) in accordance with the Utility Standards. Easements shall be provided as required. 31. Water and sewer plans shall be designed and constructed to meet the requirements of the Cucamonga Valley Water District (CVWD), other local water or sewer districts, Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CVWD is required prior to final map approval or issuance of permits, whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. 32. Fire Prevention / New Construction Unit Standard Conditions of Approval The parcel in Rancho Cucamonga and the parcel proposed to be annexed into the City are required to be annexed into Community Facilities District 85-1 (CFD 85-1). Please contact Kelly Guerra with the City of Rancho Cucamonga’s Special Districts Division at (909) 774-2582 or Kelly.Guerra@CityofRC.US to complete the annexation. The annexation requirement will not be considered complete until the applicant begins the annexation process and Special Districts notifies the Fire Marshal that the process has been started. 1. Locking and latching hardware for access doors is required to be operable from the exterior of the building and is required to be single action latch/lock release on the interior of the building. 2. Access doors are required to be identified in accordance with Fire District Standard 5-5. The Standard has been uploaded to the Documents section. 3. Access doors are required to be distributed along the exterior of the building such that the lineal distance between adjacent access doors does not exceed 125 feet measured center to center. 4. Required alarm systems and supervision systems are required to be in accordance with Fire District Standard 9-3. The Standard has been uploaded to the Documents section. 5. Exterior doors and doors providing access to fire protection and life safety systems and equipment are required to have identification signage in accordance with Fire District Standard 5-5. The Standard has been uploaded to the Documents section. 6. www.CityofRC.us Page 11 of 20Printed: 12/2/2021 Page 353 Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185, DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251 Project Name: Napa Industrial Development Location: -- - 022929154-0000 Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Fire Prevention / New Construction Unit Standard Conditions of Approval The location, size, construction materials, or other features of this building and the associated project are such that adequate emergency responder radio coverage may not be achievable within the building that is proposed. It is highly recommended that a radio signal strength assessment is completed by San Bernardino County Information Services Department (ISD). Please contact Tim Trager with County ISD at 909-388-5563 or ttrager@isd.sbcounty.gov Upon substantial completion and final completion of construction, the fire code official will oversee a radio signal strength test that is in accordance with the California Fire Code. If acceptable radio coverage cannot be achieved after construction is completed, equipment necessary to increase the radio signal strength or otherwise allow adequate emergency responder radio communication will be required to be installed. 7. Fire flow information for this project is obtained from the Fontana Water Compnay (FWC). FWC can be reached at 909-822-2201 or CustomerService@fontanawater.com. 8. Fire flow is required to be in accordance with Appendix B of the California Fire Code. The Fire District has adopted the appendix without local amendments. Proof of the availability of the required fire flow must be provided to the Fire District in the form of a letter or written report dated within the past 12 months. 9. Fire sprinkler are required to be installed in accordance with Fire District Standard 9-5. The Standard has been uploaded to the Documents section. 10. A Knox Box key box is required in accordance with Fire District Standard 5-9. Additional boxes may be required depending on the size of the building, the location of fire protection and life safety system controls, and the operational needs of the Fire District. The Standard has been uploaded to the Documents section. If an installed Knox Box is available to this project or business, keys for the building/suite/unit are required to be provided to the Fire Inspector at the final inspection. 11. A Knox key switch is required to be installed on motorized gates that are installed across or provide access to a fire access road (fire Lane). See Fire District Standard 5-3 for Residential Gates and Fire District Standard 5-4 for Commercial and Industrial Gates. 12. A Knox or Fire District padlock is required to be incorporated into the security system for a manually operated gate that are installed across or provides access to a fire access road (fire lane). 13. Coordinate landscaping with the roof access ladder points and address signage. Landscaping cannot obstruct roof access or clear visibility of address signage from time of installation to maturity of the shrubs and trees. 14. Roof access is required to be in accordance with Fire District Standard 5-6. The Standard has been uploaded to the Documents section. 15. Designated and conforming aerial apparatus access is required in accordance with Fire District Standard 5-1. Show aerial apparatus access on the fire access plan. The Standard has been uploaded to the Documents section. 16. www.CityofRC.us Page 12 of 20Printed: 12/2/2021 Page 354 Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185, DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251 Project Name: Napa Industrial Development Location: -- - 022929154-0000 Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Fire Prevention / New Construction Unit Standard Conditions of Approval Fire apparatus access (fire lane) design, construction, and identification are required to be in accordance with Fire District Standard 5-1. The Standard has been uploaded to the Documents section. 17. Street address and unit /suite signage for commercial and industrial buildings are required to be in accordance with Fire District Standard 5-8. The Standard has been uploaded to the Documents section. 18. Fire apparatus access roads and emergency vehicle access is required to be identified with signs and/or other approved makings in accordance with Fire District Standard 5-1. A copy of the Standard has been uploaded to the Documents section. 19. Identification of fire protection systems and components, fire alarm systems and components, and equipment and devices associated with fire and life safety systems is required to be in accordance with Fire District Standards 5-5 and 5-10. The Standards have been uploaded to the Documents section. 20. Public and private fire service water mains, public and private hydrants, water control valves, fire sprinkler risers, fire department connections (FDCs), and other fire protection water related devices and equipment are required to be provided, designed, and installed in accordance with Fire District Standard 5-10. The Standard has been uploaded to the Documents section. 21. Building and Safety Services Department Please be advised of the following Special Conditions When the Entitlement Review is approved submit complete construction drawings including structural calculations, energy calculations and soils report to Building and Safety for plan review in accordance with the current edition of the California Building and Fire Codes including all local ordinances and standards which are effective at the time of Plan Check Submittal. The new structures are required to be equipped with automatic fire sprinklers per the California Building Code and Current RCFPD Ordinance. Disabled access for the site and buildings must be in accordance to the State of California and ADA regulations. If it is anticipated that there will be a need for temporary fire protection water supply and/or temporary fire access, submit a separate plan for review and approval that complies with RCFD Standard 33-3. Where no public sewer is available an onsite wastewater system for each building shall be designed and installed per the Local Agency Management Program Ordinance No. 936. A separate submittal and permit is required for this submittal. The Metropolitan Water District (MWD) Feeder Line shall be protected from building surcharge and vehicular loading as noted in the MWD letter dated June 2, 2020. A letter of review and approval from MWD of the grading plan, drainage plan, septic plan, and building plans is required prior to issuance of a building permit. 1. www.CityofRC.us Page 13 of 20Printed: 12/2/2021 Page 355 Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185, DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251 Project Name: Napa Industrial Development Location: -- - 022929154-0000 Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval Prior to issuance of a grading permit for non -residential projects the applicant shall show on the electrical plans and the permitted grading plan set the location for a future installation of an Electric Vehicle (EV) charging station/parking area per the current adopted California Green Building Standards Code, section 5.106.5.3. 1. Grading of the subject property shall be in accordance with current adopted California Building Code and/or the California Residential Code, City Grading Standards, and accepted grading practices. The Grading and Drainage Plan (s) shall be in substantial conformance with the approved conceptual Grading and Drainage Plan. 2. A soils report shall be prepared by a qualified Engineer licensed by the State of California to perform such work. Two copies will be provided at grading and drainage plan submittal for review. Plans shall implement design recommendations per said report. 3. The final Grading and Drainage Plan, appropriate certifications and compaction reports shall be completed, submitted, and approved by the Engineering Services Department prior to the issuance of building permits. 4. Prior to issuance of a grading permit the precise grading and drainage plan shall follow the format provided in the City of Rancho Cucamonga handout “Information for Grading Plans and Permit”. 5. A separate Grading and Drainage Plan check submittal is required for all new construction projects and for existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The Grading and Drainage Plan shall be prepared, stamped, and wet signed by a California licensed Civil Engineer prior to the issuance of a grading or building permit. 6. The applicant shall comply with the City of Rancho Cucamonga Dust Control Measures and place a dust control sign on the project site prior to the issuance of a grading permit. All dust control sign (s) shall be located outside of the public right of way. 7. If a Rough Grading and Drainage Plan /Permit are submitted to the Engineering Services Department for review, the rough grading plan shall be a separate plan submittal and permit from Precise Grading and Drainage Plan/Permit. 8. Prior to issuance of a grading permit the Final Grading and Drainage Plan shall show the accessibility path from the public right of way and the accessibility parking stalls to the building doors in conformance with the current adopted California Building Code. All accessibility ramps shall show sufficient detail including gradients, elevations, and dimensions and comply with the current adopted California Building Code. 9. The Grading and Drainage Plan shall implement City Standards for on -site construction where possible, and shall provide details for all work not covered by City Standard Drawings. 10. Prior to issuance of a grading permit the grading plan shall show that all manufactured slopes shall be a minimum 2-foot offset from the public right of way, permitted line, or the adjacent private property. All slope offsets shall meet the requirements of the current adopted California Building Code. 11. www.CityofRC.us Page 14 of 20Printed: 12/2/2021 Page 356 Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185, DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251 Project Name: Napa Industrial Development Location: -- - 022929154-0000 Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval Prior to issuance of a grading permit, the grading and drainage plan shall show the maximum parking stall gradient at 7 percent. Accessibility parking stall grades shall be constructed per the, current adopted California Building Code. 12. The applicant shall provide a grading agreement and grading bond for all cut and fill combined exceeding 5,000 cubic yards prior to issuance of a grading permit. The grading agreement and bond shall be approved by the City Engineer, or his designee. 13. The final grading and drainage plan shall show existing topography a minimum of 100-feet beyond project boundary. 14. This project shall comply with the accessibility requirements of the current adopted California Building Code. 15. Grading Inspections: a) Prior to the start of grading operations the owner and grading contractor shall request a pre -grading meeting. The meeting shall be attended by the project owner /representative, the grading contractor and the Building Inspector to discuss about grading requirements and preventive measures, etc. If a pre-grading meeting is not held within 24 hours from the start of grading operations, the grading permit may be subject to suspension by the Building Inspector; b) The grading contractor shall call into the City of Rancho Cucamonga Building and Safety Department at least 1 working day in advance to request the following grading inspections prior to continuing grading operations: i)The bottom of the over-excavation; ii)Completion of Rough Grading, prior to issuance of the building permit; iii)At the completion of Rough Grading, the grading contractor or owner shall submit to the Permit Technicians (Building and Safety Front Counter) an original and a copy of the Pad Certifications to be prepared by and properly wet signed and sealed by the Civil Engineer and Soils Engineer of Record; iv) The rough grading certificates and the compaction reports will be reviewed by the Associate Engineer or a designated person and approved prior to the issuance of a building permit. 16. All roof drainage flowing to the public right of way (Napa Street) must drain under the sidewalk through a parkway culvert approved by the Engineering Department. This shall be shown on both the grading and drainage plan and Engineering Services Department required plans. 17. Prior to issuance of a grading permit the applicant shall show on the site plan and the permitted grading plan set for non-residential projects the designated parking for clean air vehicles per the current adopted California Green Building Standards Code, section 5.106.5.2. 18. Prior to approval of the project -specific storm water quality management plan, the applicant shall submit to the City Engineer, or his designee, a precise grading plan showing the location and elevations of existing topographical features, and showing the location and proposed elevations of proposed structures and drainage of the site. 19. www.CityofRC.us Page 15 of 20Printed: 12/2/2021 Page 357 Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185, DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251 Project Name: Napa Industrial Development Location: -- - 022929154-0000 Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval A drainage study showing a 100-year, AMC 3 design storm event for on -site drainage shall be prepared and submitted to the Engineering Services Department for review and approval for on -site storm water drainage prior to issuance of a grading permit. The report shall contain water surface profile gradient calculations for all storm drain pipes 12-inches and larger in diameter. All reports shall be wet signed and sealed by the Engineer of Record. In addition, the project specific drainage study shall provide inlet calculations showing the proper sizing of the water quality management plan storm water flows into the proposed structural storm water treatment devices. 20. Private sewer, water, and storm drain improvements will be designed per the latest adopted California Plumbing Code. Private storm drain improvements shall be shown on the grading and drainage plan. 21. San Bernardino County Flood Control District (SBCFCD) shall approve all plans that impact their right of way, including utilities, storm drain, slopes, and street trees and landscaping prior to issuance of a grading permit. A note shall be included on all pertinent plans requiring SBCFCD to be notified two working days prior to starting any work in the vicinity of their easement. 22. Prior to issuance of a grading permit the applicant shall obtain written comments from San Bernardino County Flood Control District regarding site design restrictions within their easement and provide a copy of said comments to the Engineering Services Department for review. 23. Prior to the issuance of the Certificate of Occupancy or final sign off by the Building Inspector the engineer of record shall certify the functionality of the storm water quality management plan (WQMP) storm water treatment devices and best management practices (BMP). 24. Prior to approval of the Water Quality Management Plan (WQMP), the WQMP shall include a copy of the project Conditions of Approval. 25. Metropolitan Water District (MWD) shall approve all plans that impact their easement, including utilities, storm drain, slopes, and street trees and landscaping prior to issuance of a grading permit. A note shall be included on all pertinent plans requiring Metropolitan Water District Operations Maintenance Branch to be notified two working days prior to starting any work in the vicinity of their easement. 26. Prior to issuance of a grading permit the applicant shall obtain written comments from MWD regarding site design restrictions within their easement and provide a copy of said comments to the City Engineer for review. 27. Prior to the issuance of a Grading Permit the City of Rancho Cucamonga ’s “Memorandum of Agreement of Storm Water Quality Management Plan” shall be submitted for review and approval by the Engineering Services Department and then recorded with the County Recorder’s Office. 28. Prior to issuance of a Grading Permit the applicant shall obtain a Waste Discharge Identification Number (WDID). The WDID number shall also be shown on the WQMP Site and Drainage Plan document. 29. www.CityofRC.us Page 16 of 20Printed: 12/2/2021 Page 358 Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185, DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251 Project Name: Napa Industrial Development Location: -- - 022929154-0000 Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval The applicant shall provide a copy of a completed EPA Form 7520-16 (Inventory of Injection Wells) for each underground infiltration device, with the Facility ID Number assigned, to the Engineering Services Department Official prior to issuance of the Grading Permit and /or approval of the project-specific Water Quality Management Plan. A copy of EPA Form 7520-16 shall be scanned and pasted onto the permitted grading plan set, and a copy of said form shall be included in the project -specific Water Quality Management Plan. 30. The land owner shall provide an inspection report by a qualified person /company on a biennial basis for the Class V Injection Wells /underground infiltration chambers to the City of Rancho Cucamonga Environmental Program Manager. The land owner shall maintain on a regular basis all best management practices (BMP”s) as described in the Storm Water Quality Management Plan (WQMP) prepared for the subject project. All costs associated with the underground infiltration chamber are the responsibility of the land owner. 31. The land owner shall provide an inspection report on a biennial basis for the structural storm water treatment devices, commonly referred to as BMPs, to the City of Rancho Cucamonga Environmental Program Manager. The land owner shall maintain on a regular basis as described in the Storm Water Quality Management Plan prepared for the subject project. All costs associated with the underground infiltration chamber are the responsibility of the land owner. 32. The land/property owner shall follow the inspection and maintenance requirements of the approved project specific Water Quality Management Plan and shall provide a copy of the inspection reports on a biennial basis to the City of Rancho Cucamonga Environmental Program Manager. 33. A final project-specific Storm Water Quality Management Plan (WQMP) shall be approved by the City Engineer, or his designee, and the City of Rancho Cucamonga ’s “Memorandum of Storm Water Quality Management Plan” shall be recorded prior to the issuance of a grading permit or any building permit. 34. The Site and Drainage Plan in the final project -specific Water Quality Management Plan shall show the locations of all roof downspout drains. if required for storm water quality purposes, the downspouts shall include filters. 35. The final project-specific water quality management plan (WQMP) shall include executed maintenance agreements along with the maintenance guidelines for all proprietary structural storm water treatment devices (BMP’s). In the event the applicant cannot get the proprietary device maintenance agreements executed prior to issuance of a grading permit, the applicant is required to submit a letter to be included within the WQMP document, and scanned and pasted onto the Site and Drainage Plan which states that prior to issuance of a certificate of occupancy with applicant shall enter into a contract for the maintenance of the proprietary storm water treatment device. If the proprietary storm water treatment device is part of a residential subdivision, prior to the sale of the residential lot, the developer shall include maintenance agreement (s) as part of the sale of the residential lot to the buyer. A copy of the maintenance agreements to be included in the sale of the property shall be included within the WQMP document. 36. www.CityofRC.us Page 17 of 20Printed: 12/2/2021 Page 359 Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185, DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251 Project Name: Napa Industrial Development Location: -- - 022929154-0000 Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval Prior to issuance of a grading permit and approval of the project specific water quality management plan all private storm water catch basin inlets shall include insert filters to capture those pollutants of concern as addressed in the in the final project -specific water quality management plan (WQMP). At a minimum catch basin insert filters to capture trash and other floating debris. All catch basin insert filters shall be maintained on a regular basis as described in the “Inspection and Maintenance Responsibility for Post Construction BMP” section of the final project-specific water quality management plan. 37. Prior to issuance of a grading permit the Final Project -Specific Water Quality Management Plan shall include a completed copy of “Worksheet H: Factor of Safety and Design Infiltration Worksheet” located in Appendix D “Section VII – Infiltration Rate Evaluation Protocol and Factor of Safety Recommendations, …” of the San Bernardino County Technical Guidance Document for Water Quality Management Plans. The infiltration study shall include the Soil Engineer ’s recommendations for Appendix D, Table VII.3: Suitability Assessment Related Considerations for Infiltration Facility Safety Factors”. 38. Prior to approval of the final project -specific water quality management plan the applicant shall have a soils engineer prepare a project -specific infiltration study for the project for the purposes of storm water quality treatment. The infiltration study and recommendations shall follow the guidelines in the current adopted “San Bernardino County Technical Guidance Document for Water Quality Management Plans”. 39. The subject project, shall accept all existing off -site storm water drainage flows and safely convey those flows through or around the project site. If existing off -site storm water drainage flows mix with any on-site storm water drainage flows, then the off -site storm water drainage flows shall be treated with the on-site storm water drainage flows for storm water quality purposes, prior to discharging the storm water drainage flows from the project site. 40. Prior to the issuance of a certificate of occupancy by the Building Official, or his designee, the civil engineer of record shall file a Water Quality Management Plan (WQMP) Post Construction Storm Water Treatment Devices As-Built Certificate with the Environmental Programs Coordinator, City of Rancho Cucamonga Engineering Services Department. 41. As the use of drywells are proposed for the structural storm water treatment device, to meet the infiltration requirements of the current Municipal Separate Storm Sewers Systems (MS4) Permit, adequate source control and pollution prevention control BMPs shall be implemented to protect groundwater quality. The need for pre -treatment BMPs such as sedimentation or filtration shall be evaluated prior to infiltration and discussed in the final project -specific Water Quality Management Plan document. 42. www.CityofRC.us Page 18 of 20Printed: 12/2/2021 Page 360 Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185, DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251 Project Name: Napa Industrial Development Location: -- - 022929154-0000 Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval GROUND WATER PROTECTION: Prior to approval of the final project specific water quality management plan (WQMP), the WQMP document shall meet the requirements of the State Water Resources Control Board Order No . R8-2010-0036 (NPDES No. CAS 618036), the San Bernardino County Municipal Separate Storm Sewers Separation (MS4) Permit reads: Section XI.D(Water Quality Management Plan Requirements).8(Groundwater Protection): Treatment Control BMPs utilizing infiltration [exclusive of incidental infiltration and BMPs not designed to primarily function as infiltration devices (such as grassy swales, detention basins, vegetated buffer strips, constructed wetlands, etc.)] must comply with the following minimum requirements to protect groundwater: a.Use of structural infiltration treatment BMPs shall not cause or contribute to an exceedance of ground water quality objectives. b.Source control and pollution prevention control BMPs shall be implemented to protect groundwater quality. The need for pre-treatment BMPs such as sedimentation or filtration should be evaluated prior to infiltration. c.Adequate pretreatment of runoff prior to infiltration shall be required in gas stations and large commercial parking lots. (NOTE: The State Water Quality Control Board defines a large commercial parking lot as ‘100,000 sq. ft. or more of commercial development to include parking lot (with 100 or more vehicle traffics ), OR, by means of 5,000sqft or more of allowable space designated for parking purposes’). d.Unless adequate pre -treatment of runoff is provided prior to infiltration structural infiltration treatment BMPs must not be used for areas of industrial or light industrial activity{77}, areas subject to high vehicular traffic (25,000 or more daily traffic ); car washes; fleet storage areas; nurseries; or any other high threat to water quality land uses or activities. e.Class V injection wells or dry wells must not be placed in areas subject to vehicular{78} repair or maintenance activities{79}, such as an auto body repair shop, automotive repair shop, new and used car dealership, specialty repair shop (e.g., transmission and muffler repair shop) or any facility that does any vehicular repair work. f.Structural infiltration BMP treatment shall not be used at sites that are known to have soil and groundwater contamination. g.Structural infiltration treatment BMPs shall be located at least 100 feet horizontally from any water supply wells. h.The vertical distance from the bottom of any infiltration structural treatment BMP to the historic high groundwater mark shall be at least 10-feet. Where the groundwater basins do not support beneficial uses, this vertical distance criteria may be reduced, provided groundwater quality is maintained. i.Structural infiltration treatment BMPs shall not cause a nuisance or pollution as defined in Water Code Section 13050. 43. Prior to the issuance of a grading permit by the City of Rancho Cucamonga, the applicant shall obtain grading permits from the two adjacent parcels that front along Napa Street, from the Authority Having Jurisdiction (AHJ) over those parcels. 44. www.CityofRC.us Page 19 of 20Printed: 12/2/2021 Page 361 Project #: DRC2020-00177 DRC2020-00178, DRC2020-00184, DRC2020-00185, DRC2020-00186, DRC2021-00175, LLA2020-00004, SUBTPM20251 Project Name: Napa Industrial Development Location: -- - 022929154-0000 Project Type: Design Review Annexation, Development Agreement, General Plan Amendment, Lot Line Adjustment, Prezoning, Tentative Parcel Map, Uniform Sign Program ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval Written permission shall be obtained from Metropolitan Water District (MWD) for any work within their right-of-way, including grading prior to issuance of a grading permit. 45. A permit shall be obtained from San Bernardino County Flood Control District if any work is proposed within their right-of-way, including grading prior to issuance of a grading permit. 46. www.CityofRC.us Page 20 of 20Printed: 12/2/2021 Page 362 City Council January 5, 2022 Primary Case No. DRC2020-00177 Project Background •Who:Kimley-Horn &Associates,on behalf of Hillwood Enterprises,L.P. •Where:East of Etiwanda Avenue,north of Napa Street, 0229-291-46 and -54.A third parcel is proposed to be annexed,but not developed. •December 8,2021 –Planning Commission voted unanimously to recommend that the City Council certify the EIR,adopt the MMRP and approve the project. Etiwanda AvenueWhittram Avenue Legend Project area within City Project area outside City Additional Parcel outside City Current City Boundary APN: 0229-291-54 APN: 0229-291-46 APN: 0229-291-23 Facing north from Napa Street Existing driveway (location of new proposed N/S road) Existing rail spur to remain (facing north from Napa Street) Proposed Project •What:Annex a portion of the Project Area into the City,necessitating aGeneralPlanAmendment,and reconfigure two existing lots toaccommodatedevelopmentoftwonewindustrialbuildingstotalingapproximately655,878 square feet ; •Entitlements include: •Annexation and Prezoning; •General Plan Amendment; •Tentative Parcel Map; •Design Review •Conditional Use Permit •Uniform Sign Program •Development Agreement •Project involves relocation of exiting SC Edison transmission lines and anewstreetistobeconstructedtobenamedViaMarisPlace; Etiwanda AvenueWhittram Avenue Development Standards Development Agreement Development Code Section 17.22.060,the use of development agreements is beneficial to the public in a number of ways. •6-year term,could be extended an additional 9 years upon payment by the developer of $2 million; •Future tenants shall designate the City as point of sale for operations equipment; •Developer to pay “Community Benefit Fee”totaling approximately $4.3 million; •Developer to complete,at their expense,traffic improvements including construction of Via Maris Place,and payment of Fair Share contribution toward Industrial Area Traffic Improvement Fund (improved circulation); •Developer may pay $1.4 million in lieu of undergrounding existing utilities. Public Art •Project is subject to public art requirement pursuant to Development Code Section 17.124 and as a condition of approval and pursuant to development agreement, art valued at a minimum $100,000 shall be installed onsite. Design Review Committee •Design Review Committee reviewed the project on February 2,2021 and recommended that the project be forwarded to the Planning Commission as presented. Environmental Review •Environmental Impact Report (EIR)prepared for project (State ClearingHouseNo.2020090076).Notice of Preparation (NOP)circulated onSeptember3,2020,Scoping Meeting held on September 17,2020,andcommentperiodclosedonOctober3,2020; •Draft EIR made available for 45-day public review on June 28,2021,concluding on August5 13,2021.Various comments received whichhavebeenaddressedintheFinalEIR; •Upon implementation of the project and all mitigation measures,impacts associated with the project will remain less than significant.NoStatementofOverridingConsiderationsisnecessary. •AB 52 and SB 18 notices mailed to tribal governments.Two tribesrespondedandconcernshavebeenincorporatedintoMitigationMonitoringandReportingProgram. Noticing •Notices mailed to all property owners within 1,500 feet as well as various agencies (~122 mailers),published in the Inland Valley Daily Bulletin and the site was posted on December 22,2021; •To date,staff has not received any responses to these notices. Recommendation •Staff recommends that the City Council and the Fire District: •Certify the EIR; •Adopt the MMRP; •Approve the project through Resolutions attached to staff report. Questions/Comments? DATE:January 5, 2022 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Robert Neiuber, Human Resources Director SUBJECT:Consideration to Approve an Amendment to the City Manager’s Employment Agreement. (CITY) RECOMMENDATION: Staff recommends that the City Council approve the attached amendment to the employment agreement between the City Council of the City of Rancho Cucamonga and the City Manager, John R. Gillison. BACKGROUND: On July 6, 2011, the City Council approved an employment contract with John Gillison to serve as City Manager with an effective date of September 1, 2011. That agreement provides for performance reviews with consideration for annual merit salary increases. The agreement has been amended from time to time since originally approved. ANALYSIS: City Council members recently completed their performance evaluation of John R. Gillison. The performance evaluation covered the period of November 2020 to November 2021. Based on the overall performance rating from that evaluation, the City Council now desires to approve a two and one-half percent (2.5%) merit increase. The merit increase is consistent with the personnel rules as applied to all other city employees. In addition, the City Council agrees the City contribute an additional two and one-half percent (2.5%) of Employee’s base salary into the Employee’s Health Reimbursement Arrangement (HSA), for a total of 11%. The effective date would be the first full pay period after Council approval. Staff recommends that the City Council approve the attached amendment to the City Manager’s contract. FISCAL IMPACT: The changes to the contract will result in an annual increase of $15,730. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: Approving this amendment to the City Manager’s contract provides the ongoing leadership necessary to forward the Mission, Vision, Core Values, and Goals of the City Council. ATTACHMENTS: Attachment 1 - Amendment No. 10 to Employment Agreement Page 363 -1- Error! Unknown document property name. AMENDMENT NO. 10 TO EMPLOYMENT AGREEMENT This Amendment No. 10 is made and entered into and shall be effective as of January 5, 2022 by and between the CITY OF RANCHO CUCAMONGA, California, a municipal corporation, hereinafter called “the City”, the RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, and JOHN ROBERT GILLISON, hereinafter called “Employee.” A. Recitals. (i) Effective September 1, 2011, City employed Employee as City’s City Manager pursuant to the terms and conditions contained in an employment agreement (“the Agreement” hereinafter). (ii) Amendment No. 1 to the Agreement was entered into as of March 7, 2012. (iii) Amendment No. 2 to the Agreement was made as of July 1, 2012. (iv) Amendment No. 3 to the Agreement became effective March 25, 2013. (v) Amendment No. 4 to the Agreement was effective March 1, 2015. (vi) Amendment No. 5 to the Agreement became effective April 6, 2016. (vii) Amendment No. 6 to the Agreement was effective September 6, 2017. (viii) Amendment No. 7 to the Agreement became effective November 21, 2018. (ix) Amendment No. 8 to the Agreement became effective November 21, 2019. (x) Amendment No. 9 to the Agreement became effective November 19, 2020. (xi) The parties now desire to again amend the Agreement to provide to Employee a merit salary increase and additional contribution into Employee Health Reimbursement Arrangement (HRA). B. Amendment. NOW, THEREFORE, the parties hereto agree as follows: Page 364 -2- 1. Paragraph 4 of the Agreement hereby is amended to read as follows: ''4. Salary. Effective January 3, 2022, the City shall pay Employee for the performance of Employee's duties as City Manager under this Agreement, a monthly salary of $26,879. This is a regular annual merit increase of 2.5% from step 1808 to step 1813 on the City's salary range for City Manager. Salary and/or benefit adjustments shall be considered by the City Council annually in conjunction with Employee's annual performance evaluation pursuant to paragraph 8 of this Agreement. Employee shall be eligible for regular annual merit increases in the same amount and manner as provided for other Executive Management employees in the City's Personnel Rules and Regulations and then effective Executive Management Memorandum of Understanding. In addition, Employee shall receive non-merit increases in the same amount and at the same time as that provided to other Executive Management employees. City shall not, at any time during the term of this Agreement, reduce Employee's salary or benefits unless such reduction is imposed across-the-board for all Executive Management employees of the City.” 2. Paragraph 5 of the Agreement hereby is amended to read as follows: ''5d. Effective the January 3, 2022, the City shall contribute an additional 2.5% of Employee’s base salary into the HRA for a total of 11%. The HRA was adopted via resolution by the City Council.” 3. Other than as expressly amended hereby, the Agreement, as heretofore amended, and each and every term and provision thereof, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment No. 10 as of the dates set forth below: CITY OF RANCHO CUCAMONGA Dated: ______________________ By: _______________________________ L. Dennis Michael, Mayor ATTEST: _________________________ City Clerk Page 365 -3- EMPLOYEE Dated: _______________________ By: _____________________________ John Robert Gillison Approved as to form: _____________________________ Nicholas Ghirelli City Attorney Page 366