HomeMy WebLinkAbout2022/01/19 - Regular Meeting Agenda PacketMayor
L. Dennis Michael
Mayor Pro Tem
Lynne B. Kennedy
Members of the City
Council:
Ryan A. Hutchison
Kristine D. Scott
Sam Spagnolo
AMENDED AGENDA
(ITEMS F3 AND F4 UPDATED TO REFLECT APN’s 1/14/2022 1:00PM)
CITY OF RANCHO CUCAMONGA
REGULAR MEETING AGENDA
January 19, 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/your
government/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: 2 CASES – (CITY)
D3.CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATION
PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION
54956.9: 1 CASE – (FIRE)
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 THE TERMINUS OF SMOKESTONE STREET, EAST OF
TORREY PINE COURT, RANCHO CUCAMONGA, CALIFORNIA 91739, IDENTIFIED AS COUNTY
ASSESSOR’S PARCEL NUMBER 022804424, NEGOTIATING PARTIES JOHN GILLISON, CITY
MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND CHAO PING YANG;
REGARDING PRICE AND TERMS. – (CITY)
D8.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 8949 ETIWANDA AVENUE, FURTHER IDENTIFIED AS
SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916222; NEGOTIATING
PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,
REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,
OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING
PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D9.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 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)
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 022916223; NEGOTIATING
PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,
REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,
OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING
PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D11.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 8768 AND 8822 ETIWANDA AVENUE, FURTHER
IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022913115,
16, AND 26; 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 12521 ARROW ROUTE AND 8688 ETIWANDA AVENUE,
FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER
022913130 AND 31; 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 and 18;
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 TO 8821 ETIWANDA AVENUE AND 12928 TO 12974
WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S
PARCEL NUMBER 022915115 AND 28, 022916101, 02, 03, 04, 05, 19, AND 20;
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 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)
D18.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
B. ANNOUNCEMENT / PRESENTATIONS
C. PUBLIC COMMUNICATIONS
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor
Agency, and Public Finance Authority. This is the time and place for the general public to address
the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing
Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits the
Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board,
and City Council from addressing any issue not previously included on the Agenda. The Fire Protection
District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council
may receive testimony and set the matter for a subsequent meeting.
Comments are to be limited to five minutes per individual or less, as deemed necessary by the
Mayor, depending upon the number of individuals desiring to speak. All communications are to be
addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the
members of the audience. This is a professional business meeting and courtesy and decorum are expected.
Please refrain from any debate between audience and speaker, making loud noises, or engaging in any
activity which might be disruptive to the decorum of the meeting.
The public communications period will not exceed one hour prior to the commencement of the
business portion of the agenda. During this one hour period, all those who wish to speak on a topic
contained in the business portion of the agenda will be given priority, and no further speaker cards for these
business items (with the exception of public hearing items) will be accepted once the business portion of the
agenda commences. Any other public communications which have not concluded during this one hour period
may resume after the regular business portion of the agenda has been completed.
CONSENT CALENDARS:
The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted
upon without discussion unless an item is removed by Council Member for discussion.
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and
Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with
the City Council consent calendar.
D. CONSENT CALENDAR
D1.Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of
$1,822,002.63 and City and Fire District Weekly Check Registers (Excluding Checks Issued to
Southern California Gas Company) in the Total Amount of $1,956,777.89 Dated December 17,
2021 Through December 30, 2021 and City and Fire District Electronic Debit Registers for the
Month of December in the Total Amount of $1,563,074.46. (CITY/FIRE)
D2.Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to
Southern California Gas Company in the Total Amount of $1,092.38 Dated December 17, 2021
Through December 30, 2021. (CITY/FIRE)
D3.Consideration to Receive and File Current Investment Schedules as of December 31, 2021 for
the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District.
(CITY/FIRE)
D4.Consideration to Accept as Complete, File the Notice of Completion, and Authorize Release of
Retention and Bonds for the Fiscal Year 2021/22 Local Slurry Seal Pavement Rehabilitation
Project Contract No. 2021120. (CITY)
D5.Consideration to Accept the Parks Painting Project FY 2021 (CO# 2021077) as Complete,
File the Notice of Completion, and Authorize Release of Retention and Bonds. (CITY)
D6.Consideration to Issue a Purchase Order for the Purchase of Fiber Optic Equipment from Calix,
Inc. in the Amount of $100,000 and an Appropriation in the Amount of $150,000. (CITY)
D7.Consideration of Amendment No. 1 to the Agreement with Kosmont & Associates, Inc., for
Services Related to the Formation of an Enhanced Infrastructure Financing District (EIFD).
(CITY)
D8.Consideration of the Improvement Agreement and Improvement Securities for Street
Improvements, Order Annexation to Landscape Maintenance District No. 9, Street Light
Maintenance Districts Nos. 1 and 8 for Case No. DRC201401130, Located at the Northwest
Corner of Foothill Blvd. and East Avenue. (RESOLUTION NO. 2022017) (RESOLUTION NO.
2022018), (RESOLUTION NO. 2022019) (CITY)
D9.Consideration of a Resolution Authorizing Submittal of Applications for All CalRecycle Grant
and Payment Programs for which the City of Rancho Cucamonga is Eligible. (RESOLUTION
NO. 2022020) (CITY)
D10.Consideration of a Resolution Approving an Amendment to the Rancho Cucamonga
Management Association and Part Time City Positions Salary Schedules for Fiscal Year 2021
2022. (RESOLUTION NO. 2022021) (CITY)
E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION
E1.Consideration of Second Reading and Adoption of the Following:
ORDINANCE NO. 992
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, CONSENTING TO ANNEXATION DRC202000185 AND APPROVING
PREZONING DRC202000186 IN CONNECTION WITH THE PROPOSED DEVELOPMENT OF
TWO NEW INDUSTRIAL BUILDINGS TOTALING APPROXIMATELY 655,878 SQUARE FEET
ON AN APPROXIMATE 35ACRE PROJECT SITE LOCATED AT ETIWANDA AVENUE NORTH
OF NAPA STREET, AND MAKING FINDINGS IN SUPPORT THEREOF – APNs: 022929123, 46
AND 54
ORDINANCE NO. 993
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT DRC202100175 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 35ACRE PROJECT SITE LOCATED
APPROXIMATELY 650 FEET EAST OF ETIWANDA AVENUE AND NORTH OF NAPA STREET;
AND MAKING FINDINGS IN SUPPORT THEREOF – APN: 022929146 AND 54
F. ADMINISTRATIVE HEARING ITEM(S)
F1.Consideration of First Reading of Ordinance No. 995, to be Read by Title Only and Waive Further
Reading, Amending Chapter 3.40 Transient Occupancy Tax (TOT) of the Rancho Cucamonga
Municipal Code to Confirm That ShortTerm Rentals are Subject to the City’s Transient Occupancy
Tax, Further Clarify the Definition of Hotel and Transient Under the Chapter, Provide Regulations for
Filing and Appeals Procedures, and Make Other Minor Amendments to the Chapter. (ORDINANCE
NO. 995) (CITY)
F2.Discussion, Consideration and Possible Action to Introduce, Waive Reading of and Adopt by a Four
fifths Vote, for a Period of 45 Days, an Urgency Ordinance to Establish Objective Zoning And
Subdivision Standards for Senate Bill 9 Projects in SingleFamily Residential Zones, Declaring The
Urgency Thereof and Making a Determination of Exemption Under the California Environmental
Quality Act (CEQA). (URGENCY ORDINANCE NO. 994) (CITY)
F3.Consideration of a Resolution of Necessity for the Acquisition by Eminent Domain of Certain Real
Property Interests for Public Purposes in Connection with the Phase 1, Segment 2, San Sevaine Trail
Project, A Joint Agency Project with the City of Fontana (Chao Ping Yan, Terminus of Smokestone
Street, East of Torrey Pine Court, San Bernardino County Tax Assessor’s Parcel Number 0228044
24). (RESOLUTION NO. 2022007) (CITY)
F4.Consideration of Resolutions of Necessity of the City of Rancho Cucamonga, Declaring Certain Real
Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in
Connection with the City’s Etiwanda Grade Separation Project (Kular Truck Line, Inc., 8783 Etiwanda
Avenue and 12949 Whittram Avenue, San Bernardino County Tax Assessor’s Parcel Number 0229
16214; Lightning PM, LLC, 8889 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel
Numbers 022929117 & 18; SCG of DP Etiwanda, LLC, 8768 & 8822 Etiwanda Avenue, San
Bernardino County Tax Assessor’s Parcel Numbers 022913115, 16 & 26; Jones Family Trust,
Garness Family Trust, & Clemons Revocable Trust, 8821 Etiwanda Avenue, San Bernardino County
Tax Assessor’s Parcel Number 022916215; Goodman Rancho SPE, LLC, 12521 Arrow Route and
8688 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Numbers 022913130 & 31;
BTC III Rancho Cucamonga Logistics Center, LP, 8996 Etiwanda Avenue, San Bernardino County
Tax Assessor’s Parcel Number 022928379; BCORE IE West Owner, LLC, 8939 Etiwanda Avenue,
San Bernardino County Tax Assessor’s Parcel Number 022929155; Southern California Edison
Company, 8949 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Number 0229291
22; Colombero Family Limited Partnership, 8685 8821 Etiwanda Avenue and 12928 12974
Whittram Avenue, San Bernardino County Tax Assessor’s Parcel Numbers 022915115 & 28 and
022916101, 02, 03, 04, 05, 19 & 20). (RESOLUTION NOS. 2022008, 2022009, 2022010, 2022
011, 2022012, 2022013, 2022014, 2022015, 2022016) (CITY).
G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT
G1.8:00 PM Time Certain: Public Hearing #3 Consideration of City Council District Boundaries, to
Include Review of the Demographer’s Preliminary Analysis; Review of the Public Mapping Tool and
Inviting the Community to Submit Maps; Review of Staff’s Presentation of Maps Prepared Using the
Discussed Criteria; and Receipt of Public Input on Communities of Interest and Potential District
Boundaries. (CITY)
H. CITY MANAGER'S STAFF REPORT(S)
H1.Consideration of an Agreement with SDI Presence LLC for Enterprise Resource Planning Software
Consulting Services and Authorizing an Appropriation in the Amount of $270,000. (CITY)
I. COUNCIL BUSINESS
I1.COUNCIL ANNOUNCEMENTS
(Comments to be limited to three minutes per Council Member.)
I2.INTERAGENCY 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 SeventyTwo (72) hours
prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the
City's website.
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(ITEMS F3 AND F4 UPDATED TO REFLECT APN’s 1/14/2022 1:00PM)CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDAJanuary 19, 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 the Council Chambers located at 10500 Civic Center Drive. It Is the Intent to concludethe 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 bycontacting 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 limitingcontact that could spread the COVID–19 virus, members of the public have the option toparticipate in this City Council/Fire District meeting via a teleconference. Members of thepublic may also attend the meeting in person. Those wishing to speak during publiccommunication may call at the start of the meeting by dialing (909)7742751, if speakingon 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 theorder received. Members of the public are encouraged to watch from the safety of theirhomes by Live Streaming on the City's website at https://www.cityofrc.us/yourgovernment/citycouncilagendas or Local Cable: RCTV3 Programming. The City ofRancho Cucamonga thanks you in advance for taking all precautions to prevent spreadingthe 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: 2 CASES – (CITY)
D3.CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATION
PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION
54956.9: 1 CASE – (FIRE)
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 THE TERMINUS OF SMOKESTONE STREET, EAST OF
TORREY PINE COURT, RANCHO CUCAMONGA, CALIFORNIA 91739, IDENTIFIED AS COUNTY
ASSESSOR’S PARCEL NUMBER 022804424, NEGOTIATING PARTIES JOHN GILLISON, CITY
MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND CHAO PING YANG;
REGARDING PRICE AND TERMS. – (CITY)
D8.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 8949 ETIWANDA AVENUE, FURTHER IDENTIFIED AS
SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916222; NEGOTIATING
PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,
REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,
OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING
PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D9.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 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)
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 022916223; NEGOTIATING
PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,
REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,
OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING
PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D11.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 8768 AND 8822 ETIWANDA AVENUE, FURTHER
IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022913115,
16, AND 26; 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 12521 ARROW ROUTE AND 8688 ETIWANDA AVENUE,
FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER
022913130 AND 31; 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 and 18;
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 TO 8821 ETIWANDA AVENUE AND 12928 TO 12974
WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S
PARCEL NUMBER 022915115 AND 28, 022916101, 02, 03, 04, 05, 19, AND 20;
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 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)
D18.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
B. ANNOUNCEMENT / PRESENTATIONS
C. PUBLIC COMMUNICATIONS
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor
Agency, and Public Finance Authority. This is the time and place for the general public to address
the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing
Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits the
Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board,
and City Council from addressing any issue not previously included on the Agenda. The Fire Protection
District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council
may receive testimony and set the matter for a subsequent meeting.
Comments are to be limited to five minutes per individual or less, as deemed necessary by the
Mayor, depending upon the number of individuals desiring to speak. All communications are to be
addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the
members of the audience. This is a professional business meeting and courtesy and decorum are expected.
Please refrain from any debate between audience and speaker, making loud noises, or engaging in any
activity which might be disruptive to the decorum of the meeting.
The public communications period will not exceed one hour prior to the commencement of the
business portion of the agenda. During this one hour period, all those who wish to speak on a topic
contained in the business portion of the agenda will be given priority, and no further speaker cards for these
business items (with the exception of public hearing items) will be accepted once the business portion of the
agenda commences. Any other public communications which have not concluded during this one hour period
may resume after the regular business portion of the agenda has been completed.
CONSENT CALENDARS:
The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted
upon without discussion unless an item is removed by Council Member for discussion.
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and
Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with
the City Council consent calendar.
D. CONSENT CALENDAR
D1.Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of
$1,822,002.63 and City and Fire District Weekly Check Registers (Excluding Checks Issued to
Southern California Gas Company) in the Total Amount of $1,956,777.89 Dated December 17,
2021 Through December 30, 2021 and City and Fire District Electronic Debit Registers for the
Month of December in the Total Amount of $1,563,074.46. (CITY/FIRE)
D2.Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to
Southern California Gas Company in the Total Amount of $1,092.38 Dated December 17, 2021
Through December 30, 2021. (CITY/FIRE)
D3.Consideration to Receive and File Current Investment Schedules as of December 31, 2021 for
the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District.
(CITY/FIRE)
D4.Consideration to Accept as Complete, File the Notice of Completion, and Authorize Release of
Retention and Bonds for the Fiscal Year 2021/22 Local Slurry Seal Pavement Rehabilitation
Project Contract No. 2021120. (CITY)
D5.Consideration to Accept the Parks Painting Project FY 2021 (CO# 2021077) as Complete,
File the Notice of Completion, and Authorize Release of Retention and Bonds. (CITY)
D6.Consideration to Issue a Purchase Order for the Purchase of Fiber Optic Equipment from Calix,
Inc. in the Amount of $100,000 and an Appropriation in the Amount of $150,000. (CITY)
D7.Consideration of Amendment No. 1 to the Agreement with Kosmont & Associates, Inc., for
Services Related to the Formation of an Enhanced Infrastructure Financing District (EIFD).
(CITY)
D8.Consideration of the Improvement Agreement and Improvement Securities for Street
Improvements, Order Annexation to Landscape Maintenance District No. 9, Street Light
Maintenance Districts Nos. 1 and 8 for Case No. DRC201401130, Located at the Northwest
Corner of Foothill Blvd. and East Avenue. (RESOLUTION NO. 2022017) (RESOLUTION NO.
2022018), (RESOLUTION NO. 2022019) (CITY)
D9.Consideration of a Resolution Authorizing Submittal of Applications for All CalRecycle Grant
and Payment Programs for which the City of Rancho Cucamonga is Eligible. (RESOLUTION
NO. 2022020) (CITY)
D10.Consideration of a Resolution Approving an Amendment to the Rancho Cucamonga
Management Association and Part Time City Positions Salary Schedules for Fiscal Year 2021
2022. (RESOLUTION NO. 2022021) (CITY)
E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION
E1.Consideration of Second Reading and Adoption of the Following:
ORDINANCE NO. 992
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, CONSENTING TO ANNEXATION DRC202000185 AND APPROVING
PREZONING DRC202000186 IN CONNECTION WITH THE PROPOSED DEVELOPMENT OF
TWO NEW INDUSTRIAL BUILDINGS TOTALING APPROXIMATELY 655,878 SQUARE FEET
ON AN APPROXIMATE 35ACRE PROJECT SITE LOCATED AT ETIWANDA AVENUE NORTH
OF NAPA STREET, AND MAKING FINDINGS IN SUPPORT THEREOF – APNs: 022929123, 46
AND 54
ORDINANCE NO. 993
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT DRC202100175 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 35ACRE PROJECT SITE LOCATED
APPROXIMATELY 650 FEET EAST OF ETIWANDA AVENUE AND NORTH OF NAPA STREET;
AND MAKING FINDINGS IN SUPPORT THEREOF – APN: 022929146 AND 54
F. ADMINISTRATIVE HEARING ITEM(S)
F1.Consideration of First Reading of Ordinance No. 995, to be Read by Title Only and Waive Further
Reading, Amending Chapter 3.40 Transient Occupancy Tax (TOT) of the Rancho Cucamonga
Municipal Code to Confirm That ShortTerm Rentals are Subject to the City’s Transient Occupancy
Tax, Further Clarify the Definition of Hotel and Transient Under the Chapter, Provide Regulations for
Filing and Appeals Procedures, and Make Other Minor Amendments to the Chapter. (ORDINANCE
NO. 995) (CITY)
F2.Discussion, Consideration and Possible Action to Introduce, Waive Reading of and Adopt by a Four
fifths Vote, for a Period of 45 Days, an Urgency Ordinance to Establish Objective Zoning And
Subdivision Standards for Senate Bill 9 Projects in SingleFamily Residential Zones, Declaring The
Urgency Thereof and Making a Determination of Exemption Under the California Environmental
Quality Act (CEQA). (URGENCY ORDINANCE NO. 994) (CITY)
F3.Consideration of a Resolution of Necessity for the Acquisition by Eminent Domain of Certain Real
Property Interests for Public Purposes in Connection with the Phase 1, Segment 2, San Sevaine Trail
Project, A Joint Agency Project with the City of Fontana (Chao Ping Yan, Terminus of Smokestone
Street, East of Torrey Pine Court, San Bernardino County Tax Assessor’s Parcel Number 0228044
24). (RESOLUTION NO. 2022007) (CITY)
F4.Consideration of Resolutions of Necessity of the City of Rancho Cucamonga, Declaring Certain Real
Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in
Connection with the City’s Etiwanda Grade Separation Project (Kular Truck Line, Inc., 8783 Etiwanda
Avenue and 12949 Whittram Avenue, San Bernardino County Tax Assessor’s Parcel Number 0229
16214; Lightning PM, LLC, 8889 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel
Numbers 022929117 & 18; SCG of DP Etiwanda, LLC, 8768 & 8822 Etiwanda Avenue, San
Bernardino County Tax Assessor’s Parcel Numbers 022913115, 16 & 26; Jones Family Trust,
Garness Family Trust, & Clemons Revocable Trust, 8821 Etiwanda Avenue, San Bernardino County
Tax Assessor’s Parcel Number 022916215; Goodman Rancho SPE, LLC, 12521 Arrow Route and
8688 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Numbers 022913130 & 31;
BTC III Rancho Cucamonga Logistics Center, LP, 8996 Etiwanda Avenue, San Bernardino County
Tax Assessor’s Parcel Number 022928379; BCORE IE West Owner, LLC, 8939 Etiwanda Avenue,
San Bernardino County Tax Assessor’s Parcel Number 022929155; Southern California Edison
Company, 8949 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Number 0229291
22; Colombero Family Limited Partnership, 8685 8821 Etiwanda Avenue and 12928 12974
Whittram Avenue, San Bernardino County Tax Assessor’s Parcel Numbers 022915115 & 28 and
022916101, 02, 03, 04, 05, 19 & 20). (RESOLUTION NOS. 2022008, 2022009, 2022010, 2022
011, 2022012, 2022013, 2022014, 2022015, 2022016) (CITY).
G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT
G1.8:00 PM Time Certain: Public Hearing #3 Consideration of City Council District Boundaries, to
Include Review of the Demographer’s Preliminary Analysis; Review of the Public Mapping Tool and
Inviting the Community to Submit Maps; Review of Staff’s Presentation of Maps Prepared Using the
Discussed Criteria; and Receipt of Public Input on Communities of Interest and Potential District
Boundaries. (CITY)
H. CITY MANAGER'S STAFF REPORT(S)
H1.Consideration of an Agreement with SDI Presence LLC for Enterprise Resource Planning Software
Consulting Services and Authorizing an Appropriation in the Amount of $270,000. (CITY)
I. COUNCIL BUSINESS
I1.COUNCIL ANNOUNCEMENTS
(Comments to be limited to three minutes per Council Member.)
I2.INTERAGENCY 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 SeventyTwo (72) hours
prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the
City's website.
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(ITEMS F3 AND F4 UPDATED TO REFLECT APN’s 1/14/2022 1:00PM)CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDAJanuary 19, 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 the Council Chambers located at 10500 Civic Center Drive. It Is the Intent to concludethe 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 bycontacting 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 limitingcontact that could spread the COVID–19 virus, members of the public have the option toparticipate in this City Council/Fire District meeting via a teleconference. Members of thepublic may also attend the meeting in person. Those wishing to speak during publiccommunication may call at the start of the meeting by dialing (909)7742751, if speakingon 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 theorder received. Members of the public are encouraged to watch from the safety of theirhomes by Live Streaming on the City's website at https://www.cityofrc.us/yourgovernment/citycouncilagendas or Local Cable: RCTV3 Programming. The City ofRancho Cucamonga thanks you in advance for taking all precautions to prevent spreadingthe 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: 2 CASES – (CITY)D3.CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATIONPURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION54956.9: 1 CASE – (FIRE) 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 RANCHOCUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA, CASENO. 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 THE TERMINUS OF SMOKESTONE STREET, EAST OFTORREY PINE COURT, RANCHO CUCAMONGA, CALIFORNIA 91739, IDENTIFIED AS COUNTYASSESSOR’S PARCEL NUMBER 022804424, NEGOTIATING PARTIES JOHN GILLISON, CITYMANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND CHAO PING YANG;REGARDING PRICE AND TERMS. – (CITY)D8.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8949 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916222; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,
OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING
PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D9.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 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)
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 022916223; NEGOTIATING
PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,
REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,
OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING
PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D11.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 8768 AND 8822 ETIWANDA AVENUE, FURTHER
IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022913115,
16, AND 26; 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 12521 ARROW ROUTE AND 8688 ETIWANDA AVENUE,
FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER
022913130 AND 31; 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 and 18;
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 TO 8821 ETIWANDA AVENUE AND 12928 TO 12974
WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S
PARCEL NUMBER 022915115 AND 28, 022916101, 02, 03, 04, 05, 19, AND 20;
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 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)
D18.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
B. ANNOUNCEMENT / PRESENTATIONS
C. PUBLIC COMMUNICATIONS
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor
Agency, and Public Finance Authority. This is the time and place for the general public to address
the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing
Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits the
Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board,
and City Council from addressing any issue not previously included on the Agenda. The Fire Protection
District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council
may receive testimony and set the matter for a subsequent meeting.
Comments are to be limited to five minutes per individual or less, as deemed necessary by the
Mayor, depending upon the number of individuals desiring to speak. All communications are to be
addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the
members of the audience. This is a professional business meeting and courtesy and decorum are expected.
Please refrain from any debate between audience and speaker, making loud noises, or engaging in any
activity which might be disruptive to the decorum of the meeting.
The public communications period will not exceed one hour prior to the commencement of the
business portion of the agenda. During this one hour period, all those who wish to speak on a topic
contained in the business portion of the agenda will be given priority, and no further speaker cards for these
business items (with the exception of public hearing items) will be accepted once the business portion of the
agenda commences. Any other public communications which have not concluded during this one hour period
may resume after the regular business portion of the agenda has been completed.
CONSENT CALENDARS:
The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted
upon without discussion unless an item is removed by Council Member for discussion.
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and
Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with
the City Council consent calendar.
D. CONSENT CALENDAR
D1.Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of
$1,822,002.63 and City and Fire District Weekly Check Registers (Excluding Checks Issued to
Southern California Gas Company) in the Total Amount of $1,956,777.89 Dated December 17,
2021 Through December 30, 2021 and City and Fire District Electronic Debit Registers for the
Month of December in the Total Amount of $1,563,074.46. (CITY/FIRE)
D2.Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to
Southern California Gas Company in the Total Amount of $1,092.38 Dated December 17, 2021
Through December 30, 2021. (CITY/FIRE)
D3.Consideration to Receive and File Current Investment Schedules as of December 31, 2021 for
the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District.
(CITY/FIRE)
D4.Consideration to Accept as Complete, File the Notice of Completion, and Authorize Release of
Retention and Bonds for the Fiscal Year 2021/22 Local Slurry Seal Pavement Rehabilitation
Project Contract No. 2021120. (CITY)
D5.Consideration to Accept the Parks Painting Project FY 2021 (CO# 2021077) as Complete,
File the Notice of Completion, and Authorize Release of Retention and Bonds. (CITY)
D6.Consideration to Issue a Purchase Order for the Purchase of Fiber Optic Equipment from Calix,
Inc. in the Amount of $100,000 and an Appropriation in the Amount of $150,000. (CITY)
D7.Consideration of Amendment No. 1 to the Agreement with Kosmont & Associates, Inc., for
Services Related to the Formation of an Enhanced Infrastructure Financing District (EIFD).
(CITY)
D8.Consideration of the Improvement Agreement and Improvement Securities for Street
Improvements, Order Annexation to Landscape Maintenance District No. 9, Street Light
Maintenance Districts Nos. 1 and 8 for Case No. DRC201401130, Located at the Northwest
Corner of Foothill Blvd. and East Avenue. (RESOLUTION NO. 2022017) (RESOLUTION NO.
2022018), (RESOLUTION NO. 2022019) (CITY)
D9.Consideration of a Resolution Authorizing Submittal of Applications for All CalRecycle Grant
and Payment Programs for which the City of Rancho Cucamonga is Eligible. (RESOLUTION
NO. 2022020) (CITY)
D10.Consideration of a Resolution Approving an Amendment to the Rancho Cucamonga
Management Association and Part Time City Positions Salary Schedules for Fiscal Year 2021
2022. (RESOLUTION NO. 2022021) (CITY)
E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION
E1.Consideration of Second Reading and Adoption of the Following:
ORDINANCE NO. 992
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, CONSENTING TO ANNEXATION DRC202000185 AND APPROVING
PREZONING DRC202000186 IN CONNECTION WITH THE PROPOSED DEVELOPMENT OF
TWO NEW INDUSTRIAL BUILDINGS TOTALING APPROXIMATELY 655,878 SQUARE FEET
ON AN APPROXIMATE 35ACRE PROJECT SITE LOCATED AT ETIWANDA AVENUE NORTH
OF NAPA STREET, AND MAKING FINDINGS IN SUPPORT THEREOF – APNs: 022929123, 46
AND 54
ORDINANCE NO. 993
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT DRC202100175 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 35ACRE PROJECT SITE LOCATED
APPROXIMATELY 650 FEET EAST OF ETIWANDA AVENUE AND NORTH OF NAPA STREET;
AND MAKING FINDINGS IN SUPPORT THEREOF – APN: 022929146 AND 54
F. ADMINISTRATIVE HEARING ITEM(S)
F1.Consideration of First Reading of Ordinance No. 995, to be Read by Title Only and Waive Further
Reading, Amending Chapter 3.40 Transient Occupancy Tax (TOT) of the Rancho Cucamonga
Municipal Code to Confirm That ShortTerm Rentals are Subject to the City’s Transient Occupancy
Tax, Further Clarify the Definition of Hotel and Transient Under the Chapter, Provide Regulations for
Filing and Appeals Procedures, and Make Other Minor Amendments to the Chapter. (ORDINANCE
NO. 995) (CITY)
F2.Discussion, Consideration and Possible Action to Introduce, Waive Reading of and Adopt by a Four
fifths Vote, for a Period of 45 Days, an Urgency Ordinance to Establish Objective Zoning And
Subdivision Standards for Senate Bill 9 Projects in SingleFamily Residential Zones, Declaring The
Urgency Thereof and Making a Determination of Exemption Under the California Environmental
Quality Act (CEQA). (URGENCY ORDINANCE NO. 994) (CITY)
F3.Consideration of a Resolution of Necessity for the Acquisition by Eminent Domain of Certain Real
Property Interests for Public Purposes in Connection with the Phase 1, Segment 2, San Sevaine Trail
Project, A Joint Agency Project with the City of Fontana (Chao Ping Yan, Terminus of Smokestone
Street, East of Torrey Pine Court, San Bernardino County Tax Assessor’s Parcel Number 0228044
24). (RESOLUTION NO. 2022007) (CITY)
F4.Consideration of Resolutions of Necessity of the City of Rancho Cucamonga, Declaring Certain Real
Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in
Connection with the City’s Etiwanda Grade Separation Project (Kular Truck Line, Inc., 8783 Etiwanda
Avenue and 12949 Whittram Avenue, San Bernardino County Tax Assessor’s Parcel Number 0229
16214; Lightning PM, LLC, 8889 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel
Numbers 022929117 & 18; SCG of DP Etiwanda, LLC, 8768 & 8822 Etiwanda Avenue, San
Bernardino County Tax Assessor’s Parcel Numbers 022913115, 16 & 26; Jones Family Trust,
Garness Family Trust, & Clemons Revocable Trust, 8821 Etiwanda Avenue, San Bernardino County
Tax Assessor’s Parcel Number 022916215; Goodman Rancho SPE, LLC, 12521 Arrow Route and
8688 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Numbers 022913130 & 31;
BTC III Rancho Cucamonga Logistics Center, LP, 8996 Etiwanda Avenue, San Bernardino County
Tax Assessor’s Parcel Number 022928379; BCORE IE West Owner, LLC, 8939 Etiwanda Avenue,
San Bernardino County Tax Assessor’s Parcel Number 022929155; Southern California Edison
Company, 8949 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Number 0229291
22; Colombero Family Limited Partnership, 8685 8821 Etiwanda Avenue and 12928 12974
Whittram Avenue, San Bernardino County Tax Assessor’s Parcel Numbers 022915115 & 28 and
022916101, 02, 03, 04, 05, 19 & 20). (RESOLUTION NOS. 2022008, 2022009, 2022010, 2022
011, 2022012, 2022013, 2022014, 2022015, 2022016) (CITY).
G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT
G1.8:00 PM Time Certain: Public Hearing #3 Consideration of City Council District Boundaries, to
Include Review of the Demographer’s Preliminary Analysis; Review of the Public Mapping Tool and
Inviting the Community to Submit Maps; Review of Staff’s Presentation of Maps Prepared Using the
Discussed Criteria; and Receipt of Public Input on Communities of Interest and Potential District
Boundaries. (CITY)
H. CITY MANAGER'S STAFF REPORT(S)
H1.Consideration of an Agreement with SDI Presence LLC for Enterprise Resource Planning Software
Consulting Services and Authorizing an Appropriation in the Amount of $270,000. (CITY)
I. COUNCIL BUSINESS
I1.COUNCIL ANNOUNCEMENTS
(Comments to be limited to three minutes per Council Member.)
I2.INTERAGENCY 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 SeventyTwo (72) hours
prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the
City's website.
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(ITEMS F3 AND F4 UPDATED TO REFLECT APN’s 1/14/2022 1:00PM)CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDAJanuary 19, 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 the Council Chambers located at 10500 Civic Center Drive. It Is the Intent to concludethe 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 bycontacting 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 limitingcontact that could spread the COVID–19 virus, members of the public have the option toparticipate in this City Council/Fire District meeting via a teleconference. Members of thepublic may also attend the meeting in person. Those wishing to speak during publiccommunication may call at the start of the meeting by dialing (909)7742751, if speakingon 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 theorder received. Members of the public are encouraged to watch from the safety of theirhomes by Live Streaming on the City's website at https://www.cityofrc.us/yourgovernment/citycouncilagendas or Local Cable: RCTV3 Programming. The City ofRancho Cucamonga thanks you in advance for taking all precautions to prevent spreadingthe 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: 2 CASES – (CITY)D3.CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATIONPURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION54956.9: 1 CASE – (FIRE) 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 RANCHOCUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA, CASENO. 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 THE TERMINUS OF SMOKESTONE STREET, EAST OFTORREY PINE COURT, RANCHO CUCAMONGA, CALIFORNIA 91739, IDENTIFIED AS COUNTYASSESSOR’S PARCEL NUMBER 022804424, NEGOTIATING PARTIES JOHN GILLISON, CITYMANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND CHAO PING YANG;REGARDING PRICE AND TERMS. – (CITY)D8.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8949 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916222; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATINGPARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)D9.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 SET FORTHABOVE. – (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 022916223; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATINGPARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)D11.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8768 AND 8822 ETIWANDA AVENUE, FURTHERIDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022913115,16, AND 26; 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 PARTIESMAY NEGOTIATE WITH THE PROPERTY 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; 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 12521 ARROW ROUTE AND 8688 ETIWANDA AVENUE,
FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER
022913130 AND 31; 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 and 18;
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 TO 8821 ETIWANDA AVENUE AND 12928 TO 12974
WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S
PARCEL NUMBER 022915115 AND 28, 022916101, 02, 03, 04, 05, 19, AND 20;
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 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)
D18.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
B. ANNOUNCEMENT / PRESENTATIONS
C. PUBLIC COMMUNICATIONS
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor
Agency, and Public Finance Authority. This is the time and place for the general public to address
the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing
Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits the
Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board,
and City Council from addressing any issue not previously included on the Agenda. The Fire Protection
District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council
may receive testimony and set the matter for a subsequent meeting.
Comments are to be limited to five minutes per individual or less, as deemed necessary by the
Mayor, depending upon the number of individuals desiring to speak. All communications are to be
addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the
members of the audience. This is a professional business meeting and courtesy and decorum are expected.
Please refrain from any debate between audience and speaker, making loud noises, or engaging in any
activity which might be disruptive to the decorum of the meeting.
The public communications period will not exceed one hour prior to the commencement of the
business portion of the agenda. During this one hour period, all those who wish to speak on a topic
contained in the business portion of the agenda will be given priority, and no further speaker cards for these
business items (with the exception of public hearing items) will be accepted once the business portion of the
agenda commences. Any other public communications which have not concluded during this one hour period
may resume after the regular business portion of the agenda has been completed.
CONSENT CALENDARS:
The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted
upon without discussion unless an item is removed by Council Member for discussion.
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and
Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with
the City Council consent calendar.
D. CONSENT CALENDAR
D1.Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of
$1,822,002.63 and City and Fire District Weekly Check Registers (Excluding Checks Issued to
Southern California Gas Company) in the Total Amount of $1,956,777.89 Dated December 17,
2021 Through December 30, 2021 and City and Fire District Electronic Debit Registers for the
Month of December in the Total Amount of $1,563,074.46. (CITY/FIRE)
D2.Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to
Southern California Gas Company in the Total Amount of $1,092.38 Dated December 17, 2021
Through December 30, 2021. (CITY/FIRE)
D3.Consideration to Receive and File Current Investment Schedules as of December 31, 2021 for
the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District.
(CITY/FIRE)
D4.Consideration to Accept as Complete, File the Notice of Completion, and Authorize Release of
Retention and Bonds for the Fiscal Year 2021/22 Local Slurry Seal Pavement Rehabilitation
Project Contract No. 2021120. (CITY)
D5.Consideration to Accept the Parks Painting Project FY 2021 (CO# 2021077) as Complete,
File the Notice of Completion, and Authorize Release of Retention and Bonds. (CITY)
D6.Consideration to Issue a Purchase Order for the Purchase of Fiber Optic Equipment from Calix,
Inc. in the Amount of $100,000 and an Appropriation in the Amount of $150,000. (CITY)
D7.Consideration of Amendment No. 1 to the Agreement with Kosmont & Associates, Inc., for
Services Related to the Formation of an Enhanced Infrastructure Financing District (EIFD).
(CITY)
D8.Consideration of the Improvement Agreement and Improvement Securities for Street
Improvements, Order Annexation to Landscape Maintenance District No. 9, Street Light
Maintenance Districts Nos. 1 and 8 for Case No. DRC201401130, Located at the Northwest
Corner of Foothill Blvd. and East Avenue. (RESOLUTION NO. 2022017) (RESOLUTION NO.
2022018), (RESOLUTION NO. 2022019) (CITY)
D9.Consideration of a Resolution Authorizing Submittal of Applications for All CalRecycle Grant
and Payment Programs for which the City of Rancho Cucamonga is Eligible. (RESOLUTION
NO. 2022020) (CITY)
D10.Consideration of a Resolution Approving an Amendment to the Rancho Cucamonga
Management Association and Part Time City Positions Salary Schedules for Fiscal Year 2021
2022. (RESOLUTION NO. 2022021) (CITY)
E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION
E1.Consideration of Second Reading and Adoption of the Following:
ORDINANCE NO. 992
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, CONSENTING TO ANNEXATION DRC202000185 AND APPROVING
PREZONING DRC202000186 IN CONNECTION WITH THE PROPOSED DEVELOPMENT OF
TWO NEW INDUSTRIAL BUILDINGS TOTALING APPROXIMATELY 655,878 SQUARE FEET
ON AN APPROXIMATE 35ACRE PROJECT SITE LOCATED AT ETIWANDA AVENUE NORTH
OF NAPA STREET, AND MAKING FINDINGS IN SUPPORT THEREOF – APNs: 022929123, 46
AND 54
ORDINANCE NO. 993
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT DRC202100175 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 35ACRE PROJECT SITE LOCATED
APPROXIMATELY 650 FEET EAST OF ETIWANDA AVENUE AND NORTH OF NAPA STREET;
AND MAKING FINDINGS IN SUPPORT THEREOF – APN: 022929146 AND 54
F. ADMINISTRATIVE HEARING ITEM(S)
F1.Consideration of First Reading of Ordinance No. 995, to be Read by Title Only and Waive Further
Reading, Amending Chapter 3.40 Transient Occupancy Tax (TOT) of the Rancho Cucamonga
Municipal Code to Confirm That ShortTerm Rentals are Subject to the City’s Transient Occupancy
Tax, Further Clarify the Definition of Hotel and Transient Under the Chapter, Provide Regulations for
Filing and Appeals Procedures, and Make Other Minor Amendments to the Chapter. (ORDINANCE
NO. 995) (CITY)
F2.Discussion, Consideration and Possible Action to Introduce, Waive Reading of and Adopt by a Four
fifths Vote, for a Period of 45 Days, an Urgency Ordinance to Establish Objective Zoning And
Subdivision Standards for Senate Bill 9 Projects in SingleFamily Residential Zones, Declaring The
Urgency Thereof and Making a Determination of Exemption Under the California Environmental
Quality Act (CEQA). (URGENCY ORDINANCE NO. 994) (CITY)
F3.Consideration of a Resolution of Necessity for the Acquisition by Eminent Domain of Certain Real
Property Interests for Public Purposes in Connection with the Phase 1, Segment 2, San Sevaine Trail
Project, A Joint Agency Project with the City of Fontana (Chao Ping Yan, Terminus of Smokestone
Street, East of Torrey Pine Court, San Bernardino County Tax Assessor’s Parcel Number 0228044
24). (RESOLUTION NO. 2022007) (CITY)
F4.Consideration of Resolutions of Necessity of the City of Rancho Cucamonga, Declaring Certain Real
Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in
Connection with the City’s Etiwanda Grade Separation Project (Kular Truck Line, Inc., 8783 Etiwanda
Avenue and 12949 Whittram Avenue, San Bernardino County Tax Assessor’s Parcel Number 0229
16214; Lightning PM, LLC, 8889 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel
Numbers 022929117 & 18; SCG of DP Etiwanda, LLC, 8768 & 8822 Etiwanda Avenue, San
Bernardino County Tax Assessor’s Parcel Numbers 022913115, 16 & 26; Jones Family Trust,
Garness Family Trust, & Clemons Revocable Trust, 8821 Etiwanda Avenue, San Bernardino County
Tax Assessor’s Parcel Number 022916215; Goodman Rancho SPE, LLC, 12521 Arrow Route and
8688 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Numbers 022913130 & 31;
BTC III Rancho Cucamonga Logistics Center, LP, 8996 Etiwanda Avenue, San Bernardino County
Tax Assessor’s Parcel Number 022928379; BCORE IE West Owner, LLC, 8939 Etiwanda Avenue,
San Bernardino County Tax Assessor’s Parcel Number 022929155; Southern California Edison
Company, 8949 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Number 0229291
22; Colombero Family Limited Partnership, 8685 8821 Etiwanda Avenue and 12928 12974
Whittram Avenue, San Bernardino County Tax Assessor’s Parcel Numbers 022915115 & 28 and
022916101, 02, 03, 04, 05, 19 & 20). (RESOLUTION NOS. 2022008, 2022009, 2022010, 2022
011, 2022012, 2022013, 2022014, 2022015, 2022016) (CITY).
G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT
G1.8:00 PM Time Certain: Public Hearing #3 Consideration of City Council District Boundaries, to
Include Review of the Demographer’s Preliminary Analysis; Review of the Public Mapping Tool and
Inviting the Community to Submit Maps; Review of Staff’s Presentation of Maps Prepared Using the
Discussed Criteria; and Receipt of Public Input on Communities of Interest and Potential District
Boundaries. (CITY)
H. CITY MANAGER'S STAFF REPORT(S)
H1.Consideration of an Agreement with SDI Presence LLC for Enterprise Resource Planning Software
Consulting Services and Authorizing an Appropriation in the Amount of $270,000. (CITY)
I. COUNCIL BUSINESS
I1.COUNCIL ANNOUNCEMENTS
(Comments to be limited to three minutes per Council Member.)
I2.INTERAGENCY 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 SeventyTwo (72) hours
prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the
City's website.
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(ITEMS F3 AND F4 UPDATED TO REFLECT APN’s 1/14/2022 1:00PM)CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDAJanuary 19, 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 the Council Chambers located at 10500 Civic Center Drive. It Is the Intent to concludethe 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 bycontacting 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 limitingcontact that could spread the COVID–19 virus, members of the public have the option toparticipate in this City Council/Fire District meeting via a teleconference. Members of thepublic may also attend the meeting in person. Those wishing to speak during publiccommunication may call at the start of the meeting by dialing (909)7742751, if speakingon 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 theorder received. Members of the public are encouraged to watch from the safety of theirhomes by Live Streaming on the City's website at https://www.cityofrc.us/yourgovernment/citycouncilagendas or Local Cable: RCTV3 Programming. The City ofRancho Cucamonga thanks you in advance for taking all precautions to prevent spreadingthe 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: 2 CASES – (CITY)D3.CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATIONPURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION54956.9: 1 CASE – (FIRE) 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 RANCHOCUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA, CASENO. 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 THE TERMINUS OF SMOKESTONE STREET, EAST OFTORREY PINE COURT, RANCHO CUCAMONGA, CALIFORNIA 91739, IDENTIFIED AS COUNTYASSESSOR’S PARCEL NUMBER 022804424, NEGOTIATING PARTIES JOHN GILLISON, CITYMANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND CHAO PING YANG;REGARDING PRICE AND TERMS. – (CITY)D8.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8949 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916222; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATINGPARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)D9.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 SET FORTHABOVE. – (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 022916223; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATINGPARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)D11.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8768 AND 8822 ETIWANDA AVENUE, FURTHERIDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022913115,16, AND 26; 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 PARTIESMAY NEGOTIATE WITH THE PROPERTY 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 12521 ARROW ROUTE AND 8688 ETIWANDA AVENUE,FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER022913130 AND 31; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLYDEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHOCUCAMONGA, AND GOODMAN RANCHO SPE LLC, A DELAWARE LIMITED LIABILITY COMPANY,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATINGPARTIES MAY NEGOTIATE WITH THE PROPERTY 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 and 18;NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND,PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND LIGHTNINGP.M. LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONSTO NEGOTIATORS 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 TO 8821 ETIWANDA AVENUE AND 12928 TO 12974WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'SPARCEL NUMBER 022915115 AND 28, 022916101, 02, 03, 04, 05, 19, AND 20;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)D17.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)D18.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
B. ANNOUNCEMENT / PRESENTATIONS
C. PUBLIC COMMUNICATIONS
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor
Agency, and Public Finance Authority. This is the time and place for the general public to address
the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing
Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits the
Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board,
and City Council from addressing any issue not previously included on the Agenda. The Fire Protection
District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council
may receive testimony and set the matter for a subsequent meeting.
Comments are to be limited to five minutes per individual or less, as deemed necessary by the
Mayor, depending upon the number of individuals desiring to speak. All communications are to be
addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the
members of the audience. This is a professional business meeting and courtesy and decorum are expected.
Please refrain from any debate between audience and speaker, making loud noises, or engaging in any
activity which might be disruptive to the decorum of the meeting.
The public communications period will not exceed one hour prior to the commencement of the
business portion of the agenda. During this one hour period, all those who wish to speak on a topic
contained in the business portion of the agenda will be given priority, and no further speaker cards for these
business items (with the exception of public hearing items) will be accepted once the business portion of the
agenda commences. Any other public communications which have not concluded during this one hour period
may resume after the regular business portion of the agenda has been completed.
CONSENT CALENDARS:
The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted
upon without discussion unless an item is removed by Council Member for discussion.
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and
Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with
the City Council consent calendar.
D. CONSENT CALENDAR
D1.Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of
$1,822,002.63 and City and Fire District Weekly Check Registers (Excluding Checks Issued to
Southern California Gas Company) in the Total Amount of $1,956,777.89 Dated December 17,
2021 Through December 30, 2021 and City and Fire District Electronic Debit Registers for the
Month of December in the Total Amount of $1,563,074.46. (CITY/FIRE)
D2.Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to
Southern California Gas Company in the Total Amount of $1,092.38 Dated December 17, 2021
Through December 30, 2021. (CITY/FIRE)
D3.Consideration to Receive and File Current Investment Schedules as of December 31, 2021 for
the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District.
(CITY/FIRE)
D4.Consideration to Accept as Complete, File the Notice of Completion, and Authorize Release of
Retention and Bonds for the Fiscal Year 2021/22 Local Slurry Seal Pavement Rehabilitation
Project Contract No. 2021120. (CITY)
D5.Consideration to Accept the Parks Painting Project FY 2021 (CO# 2021077) as Complete,
File the Notice of Completion, and Authorize Release of Retention and Bonds. (CITY)
D6.Consideration to Issue a Purchase Order for the Purchase of Fiber Optic Equipment from Calix,
Inc. in the Amount of $100,000 and an Appropriation in the Amount of $150,000. (CITY)
D7.Consideration of Amendment No. 1 to the Agreement with Kosmont & Associates, Inc., for
Services Related to the Formation of an Enhanced Infrastructure Financing District (EIFD).
(CITY)
D8.Consideration of the Improvement Agreement and Improvement Securities for Street
Improvements, Order Annexation to Landscape Maintenance District No. 9, Street Light
Maintenance Districts Nos. 1 and 8 for Case No. DRC201401130, Located at the Northwest
Corner of Foothill Blvd. and East Avenue. (RESOLUTION NO. 2022017) (RESOLUTION NO.
2022018), (RESOLUTION NO. 2022019) (CITY)
D9.Consideration of a Resolution Authorizing Submittal of Applications for All CalRecycle Grant
and Payment Programs for which the City of Rancho Cucamonga is Eligible. (RESOLUTION
NO. 2022020) (CITY)
D10.Consideration of a Resolution Approving an Amendment to the Rancho Cucamonga
Management Association and Part Time City Positions Salary Schedules for Fiscal Year 2021
2022. (RESOLUTION NO. 2022021) (CITY)
E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION
E1.Consideration of Second Reading and Adoption of the Following:
ORDINANCE NO. 992
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, CONSENTING TO ANNEXATION DRC202000185 AND APPROVING
PREZONING DRC202000186 IN CONNECTION WITH THE PROPOSED DEVELOPMENT OF
TWO NEW INDUSTRIAL BUILDINGS TOTALING APPROXIMATELY 655,878 SQUARE FEET
ON AN APPROXIMATE 35ACRE PROJECT SITE LOCATED AT ETIWANDA AVENUE NORTH
OF NAPA STREET, AND MAKING FINDINGS IN SUPPORT THEREOF – APNs: 022929123, 46
AND 54
ORDINANCE NO. 993
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT DRC202100175 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 35ACRE PROJECT SITE LOCATED
APPROXIMATELY 650 FEET EAST OF ETIWANDA AVENUE AND NORTH OF NAPA STREET;
AND MAKING FINDINGS IN SUPPORT THEREOF – APN: 022929146 AND 54
F. ADMINISTRATIVE HEARING ITEM(S)
F1.Consideration of First Reading of Ordinance No. 995, to be Read by Title Only and Waive Further
Reading, Amending Chapter 3.40 Transient Occupancy Tax (TOT) of the Rancho Cucamonga
Municipal Code to Confirm That ShortTerm Rentals are Subject to the City’s Transient Occupancy
Tax, Further Clarify the Definition of Hotel and Transient Under the Chapter, Provide Regulations for
Filing and Appeals Procedures, and Make Other Minor Amendments to the Chapter. (ORDINANCE
NO. 995) (CITY)
F2.Discussion, Consideration and Possible Action to Introduce, Waive Reading of and Adopt by a Four
fifths Vote, for a Period of 45 Days, an Urgency Ordinance to Establish Objective Zoning And
Subdivision Standards for Senate Bill 9 Projects in SingleFamily Residential Zones, Declaring The
Urgency Thereof and Making a Determination of Exemption Under the California Environmental
Quality Act (CEQA). (URGENCY ORDINANCE NO. 994) (CITY)
F3.Consideration of a Resolution of Necessity for the Acquisition by Eminent Domain of Certain Real
Property Interests for Public Purposes in Connection with the Phase 1, Segment 2, San Sevaine Trail
Project, A Joint Agency Project with the City of Fontana (Chao Ping Yan, Terminus of Smokestone
Street, East of Torrey Pine Court, San Bernardino County Tax Assessor’s Parcel Number 0228044
24). (RESOLUTION NO. 2022007) (CITY)
F4.Consideration of Resolutions of Necessity of the City of Rancho Cucamonga, Declaring Certain Real
Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in
Connection with the City’s Etiwanda Grade Separation Project (Kular Truck Line, Inc., 8783 Etiwanda
Avenue and 12949 Whittram Avenue, San Bernardino County Tax Assessor’s Parcel Number 0229
16214; Lightning PM, LLC, 8889 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel
Numbers 022929117 & 18; SCG of DP Etiwanda, LLC, 8768 & 8822 Etiwanda Avenue, San
Bernardino County Tax Assessor’s Parcel Numbers 022913115, 16 & 26; Jones Family Trust,
Garness Family Trust, & Clemons Revocable Trust, 8821 Etiwanda Avenue, San Bernardino County
Tax Assessor’s Parcel Number 022916215; Goodman Rancho SPE, LLC, 12521 Arrow Route and
8688 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Numbers 022913130 & 31;
BTC III Rancho Cucamonga Logistics Center, LP, 8996 Etiwanda Avenue, San Bernardino County
Tax Assessor’s Parcel Number 022928379; BCORE IE West Owner, LLC, 8939 Etiwanda Avenue,
San Bernardino County Tax Assessor’s Parcel Number 022929155; Southern California Edison
Company, 8949 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Number 0229291
22; Colombero Family Limited Partnership, 8685 8821 Etiwanda Avenue and 12928 12974
Whittram Avenue, San Bernardino County Tax Assessor’s Parcel Numbers 022915115 & 28 and
022916101, 02, 03, 04, 05, 19 & 20). (RESOLUTION NOS. 2022008, 2022009, 2022010, 2022
011, 2022012, 2022013, 2022014, 2022015, 2022016) (CITY).
G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT
G1.8:00 PM Time Certain: Public Hearing #3 Consideration of City Council District Boundaries, to
Include Review of the Demographer’s Preliminary Analysis; Review of the Public Mapping Tool and
Inviting the Community to Submit Maps; Review of Staff’s Presentation of Maps Prepared Using the
Discussed Criteria; and Receipt of Public Input on Communities of Interest and Potential District
Boundaries. (CITY)
H. CITY MANAGER'S STAFF REPORT(S)
H1.Consideration of an Agreement with SDI Presence LLC for Enterprise Resource Planning Software
Consulting Services and Authorizing an Appropriation in the Amount of $270,000. (CITY)
I. COUNCIL BUSINESS
I1.COUNCIL ANNOUNCEMENTS
(Comments to be limited to three minutes per Council Member.)
I2.INTERAGENCY 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 SeventyTwo (72) hours
prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the
City's website.
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(ITEMS F3 AND F4 UPDATED TO REFLECT APN’s 1/14/2022 1:00PM)CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDAJanuary 19, 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 the Council Chambers located at 10500 Civic Center Drive. It Is the Intent to concludethe 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 bycontacting 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 limitingcontact that could spread the COVID–19 virus, members of the public have the option toparticipate in this City Council/Fire District meeting via a teleconference. Members of thepublic may also attend the meeting in person. Those wishing to speak during publiccommunication may call at the start of the meeting by dialing (909)7742751, if speakingon 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 theorder received. Members of the public are encouraged to watch from the safety of theirhomes by Live Streaming on the City's website at https://www.cityofrc.us/yourgovernment/citycouncilagendas or Local Cable: RCTV3 Programming. The City ofRancho Cucamonga thanks you in advance for taking all precautions to prevent spreadingthe 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: 2 CASES – (CITY)D3.CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATIONPURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION54956.9: 1 CASE – (FIRE) 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 RANCHOCUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA, CASENO. 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 THE TERMINUS OF SMOKESTONE STREET, EAST OFTORREY PINE COURT, RANCHO CUCAMONGA, CALIFORNIA 91739, IDENTIFIED AS COUNTYASSESSOR’S PARCEL NUMBER 022804424, NEGOTIATING PARTIES JOHN GILLISON, CITYMANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND CHAO PING YANG;REGARDING PRICE AND TERMS. – (CITY)D8.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8949 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916222; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATINGPARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)D9.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 SET FORTHABOVE. – (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 022916223; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATINGPARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)D11.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8768 AND 8822 ETIWANDA AVENUE, FURTHERIDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022913115,16, AND 26; 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 PARTIESMAY NEGOTIATE WITH THE PROPERTY 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 12521 ARROW ROUTE AND 8688 ETIWANDA AVENUE,FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER022913130 AND 31; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLYDEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHOCUCAMONGA, AND GOODMAN RANCHO SPE LLC, A DELAWARE LIMITED LIABILITY COMPANY,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATINGPARTIES MAY NEGOTIATE WITH THE PROPERTY 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 and 18;NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND,PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND LIGHTNINGP.M. LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONSTO NEGOTIATORS 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 TO 8821 ETIWANDA AVENUE AND 12928 TO 12974WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'SPARCEL NUMBER 022915115 AND 28, 022916101, 02, 03, 04, 05, 19, AND 20;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)D17.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)D18.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 AGENDAB. ANNOUNCEMENT / PRESENTATIONSC. 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 CALENDAR
D1.Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of
$1,822,002.63 and City and Fire District Weekly Check Registers (Excluding Checks Issued to
Southern California Gas Company) in the Total Amount of $1,956,777.89 Dated December 17,
2021 Through December 30, 2021 and City and Fire District Electronic Debit Registers for the
Month of December in the Total Amount of $1,563,074.46. (CITY/FIRE)
D2.Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to
Southern California Gas Company in the Total Amount of $1,092.38 Dated December 17, 2021
Through December 30, 2021. (CITY/FIRE)
D3.Consideration to Receive and File Current Investment Schedules as of December 31, 2021 for
the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District.
(CITY/FIRE)
D4.Consideration to Accept as Complete, File the Notice of Completion, and Authorize Release of
Retention and Bonds for the Fiscal Year 2021/22 Local Slurry Seal Pavement Rehabilitation
Project Contract No. 2021120. (CITY)
D5.Consideration to Accept the Parks Painting Project FY 2021 (CO# 2021077) as Complete,
File the Notice of Completion, and Authorize Release of Retention and Bonds. (CITY)
D6.Consideration to Issue a Purchase Order for the Purchase of Fiber Optic Equipment from Calix,
Inc. in the Amount of $100,000 and an Appropriation in the Amount of $150,000. (CITY)
D7.Consideration of Amendment No. 1 to the Agreement with Kosmont & Associates, Inc., for
Services Related to the Formation of an Enhanced Infrastructure Financing District (EIFD).
(CITY)
D8.Consideration of the Improvement Agreement and Improvement Securities for Street
Improvements, Order Annexation to Landscape Maintenance District No. 9, Street Light
Maintenance Districts Nos. 1 and 8 for Case No. DRC201401130, Located at the Northwest
Corner of Foothill Blvd. and East Avenue. (RESOLUTION NO. 2022017) (RESOLUTION NO.
2022018), (RESOLUTION NO. 2022019) (CITY)
D9.Consideration of a Resolution Authorizing Submittal of Applications for All CalRecycle Grant
and Payment Programs for which the City of Rancho Cucamonga is Eligible. (RESOLUTION
NO. 2022020) (CITY)
D10.Consideration of a Resolution Approving an Amendment to the Rancho Cucamonga
Management Association and Part Time City Positions Salary Schedules for Fiscal Year 2021
2022. (RESOLUTION NO. 2022021) (CITY)
E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION
E1.Consideration of Second Reading and Adoption of the Following:
ORDINANCE NO. 992
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, CONSENTING TO ANNEXATION DRC202000185 AND APPROVING
PREZONING DRC202000186 IN CONNECTION WITH THE PROPOSED DEVELOPMENT OF
TWO NEW INDUSTRIAL BUILDINGS TOTALING APPROXIMATELY 655,878 SQUARE FEET
ON AN APPROXIMATE 35ACRE PROJECT SITE LOCATED AT ETIWANDA AVENUE NORTH
OF NAPA STREET, AND MAKING FINDINGS IN SUPPORT THEREOF – APNs: 022929123, 46
AND 54
ORDINANCE NO. 993
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT DRC202100175 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 35ACRE PROJECT SITE LOCATED
APPROXIMATELY 650 FEET EAST OF ETIWANDA AVENUE AND NORTH OF NAPA STREET;
AND MAKING FINDINGS IN SUPPORT THEREOF – APN: 022929146 AND 54
F. ADMINISTRATIVE HEARING ITEM(S)
F1.Consideration of First Reading of Ordinance No. 995, to be Read by Title Only and Waive Further
Reading, Amending Chapter 3.40 Transient Occupancy Tax (TOT) of the Rancho Cucamonga
Municipal Code to Confirm That ShortTerm Rentals are Subject to the City’s Transient Occupancy
Tax, Further Clarify the Definition of Hotel and Transient Under the Chapter, Provide Regulations for
Filing and Appeals Procedures, and Make Other Minor Amendments to the Chapter. (ORDINANCE
NO. 995) (CITY)
F2.Discussion, Consideration and Possible Action to Introduce, Waive Reading of and Adopt by a Four
fifths Vote, for a Period of 45 Days, an Urgency Ordinance to Establish Objective Zoning And
Subdivision Standards for Senate Bill 9 Projects in SingleFamily Residential Zones, Declaring The
Urgency Thereof and Making a Determination of Exemption Under the California Environmental
Quality Act (CEQA). (URGENCY ORDINANCE NO. 994) (CITY)
F3.Consideration of a Resolution of Necessity for the Acquisition by Eminent Domain of Certain Real
Property Interests for Public Purposes in Connection with the Phase 1, Segment 2, San Sevaine Trail
Project, A Joint Agency Project with the City of Fontana (Chao Ping Yan, Terminus of Smokestone
Street, East of Torrey Pine Court, San Bernardino County Tax Assessor’s Parcel Number 0228044
24). (RESOLUTION NO. 2022007) (CITY)
F4.Consideration of Resolutions of Necessity of the City of Rancho Cucamonga, Declaring Certain Real
Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in
Connection with the City’s Etiwanda Grade Separation Project (Kular Truck Line, Inc., 8783 Etiwanda
Avenue and 12949 Whittram Avenue, San Bernardino County Tax Assessor’s Parcel Number 0229
16214; Lightning PM, LLC, 8889 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel
Numbers 022929117 & 18; SCG of DP Etiwanda, LLC, 8768 & 8822 Etiwanda Avenue, San
Bernardino County Tax Assessor’s Parcel Numbers 022913115, 16 & 26; Jones Family Trust,
Garness Family Trust, & Clemons Revocable Trust, 8821 Etiwanda Avenue, San Bernardino County
Tax Assessor’s Parcel Number 022916215; Goodman Rancho SPE, LLC, 12521 Arrow Route and
8688 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Numbers 022913130 & 31;
BTC III Rancho Cucamonga Logistics Center, LP, 8996 Etiwanda Avenue, San Bernardino County
Tax Assessor’s Parcel Number 022928379; BCORE IE West Owner, LLC, 8939 Etiwanda Avenue,
San Bernardino County Tax Assessor’s Parcel Number 022929155; Southern California Edison
Company, 8949 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Number 0229291
22; Colombero Family Limited Partnership, 8685 8821 Etiwanda Avenue and 12928 12974
Whittram Avenue, San Bernardino County Tax Assessor’s Parcel Numbers 022915115 & 28 and
022916101, 02, 03, 04, 05, 19 & 20). (RESOLUTION NOS. 2022008, 2022009, 2022010, 2022
011, 2022012, 2022013, 2022014, 2022015, 2022016) (CITY).
G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT
G1.8:00 PM Time Certain: Public Hearing #3 Consideration of City Council District Boundaries, to
Include Review of the Demographer’s Preliminary Analysis; Review of the Public Mapping Tool and
Inviting the Community to Submit Maps; Review of Staff’s Presentation of Maps Prepared Using the
Discussed Criteria; and Receipt of Public Input on Communities of Interest and Potential District
Boundaries. (CITY)
H. CITY MANAGER'S STAFF REPORT(S)
H1.Consideration of an Agreement with SDI Presence LLC for Enterprise Resource Planning Software
Consulting Services and Authorizing an Appropriation in the Amount of $270,000. (CITY)
I. COUNCIL BUSINESS
I1.COUNCIL ANNOUNCEMENTS
(Comments to be limited to three minutes per Council Member.)
I2.INTERAGENCY 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 SeventyTwo (72) hours
prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the
City's website.
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(ITEMS F3 AND F4 UPDATED TO REFLECT APN’s 1/14/2022 1:00PM)CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDAJanuary 19, 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 the Council Chambers located at 10500 Civic Center Drive. It Is the Intent to concludethe 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 bycontacting 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 limitingcontact that could spread the COVID–19 virus, members of the public have the option toparticipate in this City Council/Fire District meeting via a teleconference. Members of thepublic may also attend the meeting in person. Those wishing to speak during publiccommunication may call at the start of the meeting by dialing (909)7742751, if speakingon 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 theorder received. Members of the public are encouraged to watch from the safety of theirhomes by Live Streaming on the City's website at https://www.cityofrc.us/yourgovernment/citycouncilagendas or Local Cable: RCTV3 Programming. The City ofRancho Cucamonga thanks you in advance for taking all precautions to prevent spreadingthe 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: 2 CASES – (CITY)D3.CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATIONPURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION54956.9: 1 CASE – (FIRE) 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 RANCHOCUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA, CASENO. 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 THE TERMINUS OF SMOKESTONE STREET, EAST OFTORREY PINE COURT, RANCHO CUCAMONGA, CALIFORNIA 91739, IDENTIFIED AS COUNTYASSESSOR’S PARCEL NUMBER 022804424, NEGOTIATING PARTIES JOHN GILLISON, CITYMANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND CHAO PING YANG;REGARDING PRICE AND TERMS. – (CITY)D8.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8949 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916222; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATINGPARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)D9.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 SET FORTHABOVE. – (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 022916223; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATINGPARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)D11.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8768 AND 8822 ETIWANDA AVENUE, FURTHERIDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022913115,16, AND 26; 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 PARTIESMAY NEGOTIATE WITH THE PROPERTY 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 12521 ARROW ROUTE AND 8688 ETIWANDA AVENUE,FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER022913130 AND 31; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLYDEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHOCUCAMONGA, AND GOODMAN RANCHO SPE LLC, A DELAWARE LIMITED LIABILITY COMPANY,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATINGPARTIES MAY NEGOTIATE WITH THE PROPERTY 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 and 18;NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND,PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND LIGHTNINGP.M. LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONSTO NEGOTIATORS 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 TO 8821 ETIWANDA AVENUE AND 12928 TO 12974WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'SPARCEL NUMBER 022915115 AND 28, 022916101, 02, 03, 04, 05, 19, AND 20;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)D17.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)D18.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 AGENDAB. ANNOUNCEMENT / PRESENTATIONSC. PUBLIC COMMUNICATIONSMembers of the City Council also sit as the Fire Board, Housing Successor Agency, SuccessorAgency, and Public Finance Authority. This is the time and place for the general public to addressthe Fire Protection District, Housing Successor Agency, Successor Agency, Public FinancingAuthority Board, and City Council on any item listed or not listed on the agenda. State law prohibits theFire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board,and City Council from addressing any issue not previously included on the Agenda. The Fire ProtectionDistrict, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Councilmay receive testimony and set the matter for a subsequent meeting.Comments are to be limited to five minutes per individual or less, as deemed necessary by theMayor, depending upon the number of individuals desiring to speak. All communications are to beaddressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to themembers of the audience. This is a professional business meeting and courtesy and decorum are expected.Please refrain from any debate between audience and speaker, making loud noises, or engaging in anyactivity which might be disruptive to the decorum of the meeting.The public communications period will not exceed one hour prior to the commencement of thebusiness portion of the agenda. During this one hour period, all those who wish to speak on a topiccontained in the business portion of the agenda will be given priority, and no further speaker cards for thesebusiness items (with the exception of public hearing items) will be accepted once the business portion of theagenda commences. Any other public communications which have not concluded during this one hour periodmay resume after the regular business portion of the agenda has been completed.CONSENT CALENDARS:The following Consent Calendar items are expected to be routine and noncontroversial. They will be actedupon without discussion unless an item is removed by Council Member for discussion.Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, andPublic Finance Authority and may act on the consent calendar for those bodies as part of a single motion withthe City Council consent calendar.D. CONSENT CALENDARD1.Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of$1,822,002.63 and City and Fire District Weekly Check Registers (Excluding Checks Issued toSouthern California Gas Company) in the Total Amount of $1,956,777.89 Dated December 17,2021 Through December 30, 2021 and City and Fire District Electronic Debit Registers for theMonth of December in the Total Amount of $1,563,074.46. (CITY/FIRE)D2.Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued toSouthern California Gas Company in the Total Amount of $1,092.38 Dated December 17, 2021Through December 30, 2021. (CITY/FIRE)D3.Consideration to Receive and File Current Investment Schedules as of December 31, 2021 forthe City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District.(CITY/FIRE)D4.Consideration to Accept as Complete, File the Notice of Completion, and Authorize Release ofRetention and Bonds for the Fiscal Year 2021/22 Local Slurry Seal Pavement RehabilitationProject Contract No. 2021120. (CITY)D5.Consideration to Accept the Parks Painting Project FY 2021 (CO# 2021077) as Complete,File the Notice of Completion, and Authorize Release of Retention and Bonds. (CITY)D6.Consideration to Issue a Purchase Order for the Purchase of Fiber Optic Equipment from Calix,Inc. in the Amount of $100,000 and an Appropriation in the Amount of $150,000. (CITY)D7.Consideration of Amendment No. 1 to the Agreement with Kosmont & Associates, Inc., forServices Related to the Formation of an Enhanced Infrastructure Financing District (EIFD).(CITY)D8.Consideration of the Improvement Agreement and Improvement Securities for StreetImprovements, Order Annexation to Landscape Maintenance District No. 9, Street LightMaintenance Districts Nos. 1 and 8 for Case No. DRC201401130, Located at the NorthwestCorner of Foothill Blvd. and East Avenue. (RESOLUTION NO. 2022017) (RESOLUTION NO.2022018), (RESOLUTION NO. 2022019) (CITY)D9.Consideration of a Resolution Authorizing Submittal of Applications for All CalRecycle Grantand Payment Programs for which the City of Rancho Cucamonga is Eligible. (RESOLUTIONNO. 2022020) (CITY)D10.Consideration of a Resolution Approving an Amendment to the Rancho Cucamonga
Management Association and Part Time City Positions Salary Schedules for Fiscal Year 2021
2022. (RESOLUTION NO. 2022021) (CITY)
E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION
E1.Consideration of Second Reading and Adoption of the Following:
ORDINANCE NO. 992
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, CONSENTING TO ANNEXATION DRC202000185 AND APPROVING
PREZONING DRC202000186 IN CONNECTION WITH THE PROPOSED DEVELOPMENT OF
TWO NEW INDUSTRIAL BUILDINGS TOTALING APPROXIMATELY 655,878 SQUARE FEET
ON AN APPROXIMATE 35ACRE PROJECT SITE LOCATED AT ETIWANDA AVENUE NORTH
OF NAPA STREET, AND MAKING FINDINGS IN SUPPORT THEREOF – APNs: 022929123, 46
AND 54
ORDINANCE NO. 993
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT DRC202100175 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 35ACRE PROJECT SITE LOCATED
APPROXIMATELY 650 FEET EAST OF ETIWANDA AVENUE AND NORTH OF NAPA STREET;
AND MAKING FINDINGS IN SUPPORT THEREOF – APN: 022929146 AND 54
F. ADMINISTRATIVE HEARING ITEM(S)
F1.Consideration of First Reading of Ordinance No. 995, to be Read by Title Only and Waive Further
Reading, Amending Chapter 3.40 Transient Occupancy Tax (TOT) of the Rancho Cucamonga
Municipal Code to Confirm That ShortTerm Rentals are Subject to the City’s Transient Occupancy
Tax, Further Clarify the Definition of Hotel and Transient Under the Chapter, Provide Regulations for
Filing and Appeals Procedures, and Make Other Minor Amendments to the Chapter. (ORDINANCE
NO. 995) (CITY)
F2.Discussion, Consideration and Possible Action to Introduce, Waive Reading of and Adopt by a Four
fifths Vote, for a Period of 45 Days, an Urgency Ordinance to Establish Objective Zoning And
Subdivision Standards for Senate Bill 9 Projects in SingleFamily Residential Zones, Declaring The
Urgency Thereof and Making a Determination of Exemption Under the California Environmental
Quality Act (CEQA). (URGENCY ORDINANCE NO. 994) (CITY)
F3.Consideration of a Resolution of Necessity for the Acquisition by Eminent Domain of Certain Real
Property Interests for Public Purposes in Connection with the Phase 1, Segment 2, San Sevaine Trail
Project, A Joint Agency Project with the City of Fontana (Chao Ping Yan, Terminus of Smokestone
Street, East of Torrey Pine Court, San Bernardino County Tax Assessor’s Parcel Number 0228044
24). (RESOLUTION NO. 2022007) (CITY)
F4.Consideration of Resolutions of Necessity of the City of Rancho Cucamonga, Declaring Certain Real
Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in
Connection with the City’s Etiwanda Grade Separation Project (Kular Truck Line, Inc., 8783 Etiwanda
Avenue and 12949 Whittram Avenue, San Bernardino County Tax Assessor’s Parcel Number 0229
16214; Lightning PM, LLC, 8889 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel
Numbers 022929117 & 18; SCG of DP Etiwanda, LLC, 8768 & 8822 Etiwanda Avenue, San
Bernardino County Tax Assessor’s Parcel Numbers 022913115, 16 & 26; Jones Family Trust,
Garness Family Trust, & Clemons Revocable Trust, 8821 Etiwanda Avenue, San Bernardino County
Tax Assessor’s Parcel Number 022916215; Goodman Rancho SPE, LLC, 12521 Arrow Route and
8688 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Numbers 022913130 & 31;
BTC III Rancho Cucamonga Logistics Center, LP, 8996 Etiwanda Avenue, San Bernardino County
Tax Assessor’s Parcel Number 022928379; BCORE IE West Owner, LLC, 8939 Etiwanda Avenue,
San Bernardino County Tax Assessor’s Parcel Number 022929155; Southern California Edison
Company, 8949 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Number 0229291
22; Colombero Family Limited Partnership, 8685 8821 Etiwanda Avenue and 12928 12974
Whittram Avenue, San Bernardino County Tax Assessor’s Parcel Numbers 022915115 & 28 and
022916101, 02, 03, 04, 05, 19 & 20). (RESOLUTION NOS. 2022008, 2022009, 2022010, 2022
011, 2022012, 2022013, 2022014, 2022015, 2022016) (CITY).
G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT
G1.8:00 PM Time Certain: Public Hearing #3 Consideration of City Council District Boundaries, to
Include Review of the Demographer’s Preliminary Analysis; Review of the Public Mapping Tool and
Inviting the Community to Submit Maps; Review of Staff’s Presentation of Maps Prepared Using the
Discussed Criteria; and Receipt of Public Input on Communities of Interest and Potential District
Boundaries. (CITY)
H. CITY MANAGER'S STAFF REPORT(S)
H1.Consideration of an Agreement with SDI Presence LLC for Enterprise Resource Planning Software
Consulting Services and Authorizing an Appropriation in the Amount of $270,000. (CITY)
I. COUNCIL BUSINESS
I1.COUNCIL ANNOUNCEMENTS
(Comments to be limited to three minutes per Council Member.)
I2.INTERAGENCY 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 SeventyTwo (72) hours
prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the
City's website.
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(ITEMS F3 AND F4 UPDATED TO REFLECT APN’s 1/14/2022 1:00PM)CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDAJanuary 19, 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 the Council Chambers located at 10500 Civic Center Drive. It Is the Intent to concludethe 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 bycontacting 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 limitingcontact that could spread the COVID–19 virus, members of the public have the option toparticipate in this City Council/Fire District meeting via a teleconference. Members of thepublic may also attend the meeting in person. Those wishing to speak during publiccommunication may call at the start of the meeting by dialing (909)7742751, if speakingon 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 theorder received. Members of the public are encouraged to watch from the safety of theirhomes by Live Streaming on the City's website at https://www.cityofrc.us/yourgovernment/citycouncilagendas or Local Cable: RCTV3 Programming. The City ofRancho Cucamonga thanks you in advance for taking all precautions to prevent spreadingthe 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: 2 CASES – (CITY)D3.CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATIONPURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION54956.9: 1 CASE – (FIRE) 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 RANCHOCUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA, CASENO. 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 THE TERMINUS OF SMOKESTONE STREET, EAST OFTORREY PINE COURT, RANCHO CUCAMONGA, CALIFORNIA 91739, IDENTIFIED AS COUNTYASSESSOR’S PARCEL NUMBER 022804424, NEGOTIATING PARTIES JOHN GILLISON, CITYMANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND CHAO PING YANG;REGARDING PRICE AND TERMS. – (CITY)D8.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8949 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916222; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATINGPARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)D9.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 SET FORTHABOVE. – (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 022916223; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATINGPARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)D11.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8768 AND 8822 ETIWANDA AVENUE, FURTHERIDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022913115,16, AND 26; 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 PARTIESMAY NEGOTIATE WITH THE PROPERTY 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 12521 ARROW ROUTE AND 8688 ETIWANDA AVENUE,FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER022913130 AND 31; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLYDEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHOCUCAMONGA, AND GOODMAN RANCHO SPE LLC, A DELAWARE LIMITED LIABILITY COMPANY,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATINGPARTIES MAY NEGOTIATE WITH THE PROPERTY 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 and 18;NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND,PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND LIGHTNINGP.M. LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONSTO NEGOTIATORS 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 TO 8821 ETIWANDA AVENUE AND 12928 TO 12974WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'SPARCEL NUMBER 022915115 AND 28, 022916101, 02, 03, 04, 05, 19, AND 20;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)D17.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)D18.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 AGENDAB. ANNOUNCEMENT / PRESENTATIONSC. PUBLIC COMMUNICATIONSMembers of the City Council also sit as the Fire Board, Housing Successor Agency, SuccessorAgency, and Public Finance Authority. This is the time and place for the general public to addressthe Fire Protection District, Housing Successor Agency, Successor Agency, Public FinancingAuthority Board, and City Council on any item listed or not listed on the agenda. State law prohibits theFire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board,and City Council from addressing any issue not previously included on the Agenda. The Fire ProtectionDistrict, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Councilmay receive testimony and set the matter for a subsequent meeting.Comments are to be limited to five minutes per individual or less, as deemed necessary by theMayor, depending upon the number of individuals desiring to speak. All communications are to beaddressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to themembers of the audience. This is a professional business meeting and courtesy and decorum are expected.Please refrain from any debate between audience and speaker, making loud noises, or engaging in anyactivity which might be disruptive to the decorum of the meeting.The public communications period will not exceed one hour prior to the commencement of thebusiness portion of the agenda. During this one hour period, all those who wish to speak on a topiccontained in the business portion of the agenda will be given priority, and no further speaker cards for thesebusiness items (with the exception of public hearing items) will be accepted once the business portion of theagenda commences. Any other public communications which have not concluded during this one hour periodmay resume after the regular business portion of the agenda has been completed.CONSENT CALENDARS:The following Consent Calendar items are expected to be routine and noncontroversial. They will be actedupon without discussion unless an item is removed by Council Member for discussion.Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, andPublic Finance Authority and may act on the consent calendar for those bodies as part of a single motion withthe City Council consent calendar.D. CONSENT CALENDARD1.Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of$1,822,002.63 and City and Fire District Weekly Check Registers (Excluding Checks Issued toSouthern California Gas Company) in the Total Amount of $1,956,777.89 Dated December 17,2021 Through December 30, 2021 and City and Fire District Electronic Debit Registers for theMonth of December in the Total Amount of $1,563,074.46. (CITY/FIRE)D2.Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued toSouthern California Gas Company in the Total Amount of $1,092.38 Dated December 17, 2021Through December 30, 2021. (CITY/FIRE)D3.Consideration to Receive and File Current Investment Schedules as of December 31, 2021 forthe City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District.(CITY/FIRE)D4.Consideration to Accept as Complete, File the Notice of Completion, and Authorize Release ofRetention and Bonds for the Fiscal Year 2021/22 Local Slurry Seal Pavement RehabilitationProject Contract No. 2021120. (CITY)D5.Consideration to Accept the Parks Painting Project FY 2021 (CO# 2021077) as Complete,File the Notice of Completion, and Authorize Release of Retention and Bonds. (CITY)D6.Consideration to Issue a Purchase Order for the Purchase of Fiber Optic Equipment from Calix,Inc. in the Amount of $100,000 and an Appropriation in the Amount of $150,000. (CITY)D7.Consideration of Amendment No. 1 to the Agreement with Kosmont & Associates, Inc., forServices Related to the Formation of an Enhanced Infrastructure Financing District (EIFD).(CITY)D8.Consideration of the Improvement Agreement and Improvement Securities for StreetImprovements, Order Annexation to Landscape Maintenance District No. 9, Street LightMaintenance Districts Nos. 1 and 8 for Case No. DRC201401130, Located at the NorthwestCorner of Foothill Blvd. and East Avenue. (RESOLUTION NO. 2022017) (RESOLUTION NO.2022018), (RESOLUTION NO. 2022019) (CITY)D9.Consideration of a Resolution Authorizing Submittal of Applications for All CalRecycle Grantand Payment Programs for which the City of Rancho Cucamonga is Eligible. (RESOLUTIONNO. 2022020) (CITY)D10.Consideration of a Resolution Approving an Amendment to the Rancho CucamongaManagement Association and Part Time City Positions Salary Schedules for Fiscal Year 20212022. (RESOLUTION NO. 2022021) (CITY)E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTIONE1.Consideration of Second Reading and Adoption of the Following:ORDINANCE NO. 992AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,CALIFORNIA, CONSENTING TO ANNEXATION DRC202000185 AND APPROVINGPREZONING DRC202000186 IN CONNECTION WITH THE PROPOSED DEVELOPMENT OFTWO NEW INDUSTRIAL BUILDINGS TOTALING APPROXIMATELY 655,878 SQUARE FEETON AN APPROXIMATE 35ACRE PROJECT SITE LOCATED AT ETIWANDA AVENUE NORTHOF NAPA STREET, AND MAKING FINDINGS IN SUPPORT THEREOF – APNs: 022929123, 46AND 54 ORDINANCE NO. 993AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT DRC202100175 BETWEEN THECITY OF RANCHO CUCAMONGA AND HILLWOOD ENTERPRISES, L.P., TO FACILITATE THEDEVELOPMENT OF TWO NEW INDUSTRIAL BUILDINGS TOTALING APPROXIMATELY655,878 SQUARE FEET ON AN APPROXIMATE 35ACRE PROJECT SITE LOCATEDAPPROXIMATELY 650 FEET EAST OF ETIWANDA AVENUE AND NORTH OF NAPA STREET;AND MAKING FINDINGS IN SUPPORT THEREOF – APN: 022929146 AND 54F. ADMINISTRATIVE HEARING ITEM(S)F1.Consideration of First Reading of Ordinance No. 995, to be Read by Title Only and Waive FurtherReading, Amending Chapter 3.40 Transient Occupancy Tax (TOT) of the Rancho CucamongaMunicipal Code to Confirm That ShortTerm Rentals are Subject to the City’s Transient OccupancyTax, Further Clarify the Definition of Hotel and Transient Under the Chapter, Provide Regulations forFiling and Appeals Procedures, and Make Other Minor Amendments to the Chapter. (ORDINANCENO. 995) (CITY)F2.Discussion, Consideration and Possible Action to Introduce, Waive Reading of and Adopt by a Fourfifths Vote, for a Period of 45 Days, an Urgency Ordinance to Establish Objective Zoning AndSubdivision Standards for Senate Bill 9 Projects in SingleFamily Residential Zones, Declaring TheUrgency Thereof and Making a Determination of Exemption Under the California EnvironmentalQuality Act (CEQA). (URGENCY ORDINANCE NO. 994) (CITY)F3.Consideration of a Resolution of Necessity for the Acquisition by Eminent Domain of Certain RealProperty Interests for Public Purposes in Connection with the Phase 1, Segment 2, San Sevaine TrailProject, A Joint Agency Project with the City of Fontana (Chao Ping Yan, Terminus of Smokestone
Street, East of Torrey Pine Court, San Bernardino County Tax Assessor’s Parcel Number 0228044
24). (RESOLUTION NO. 2022007) (CITY)
F4.Consideration of Resolutions of Necessity of the City of Rancho Cucamonga, Declaring Certain Real
Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in
Connection with the City’s Etiwanda Grade Separation Project (Kular Truck Line, Inc., 8783 Etiwanda
Avenue and 12949 Whittram Avenue, San Bernardino County Tax Assessor’s Parcel Number 0229
16214; Lightning PM, LLC, 8889 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel
Numbers 022929117 & 18; SCG of DP Etiwanda, LLC, 8768 & 8822 Etiwanda Avenue, San
Bernardino County Tax Assessor’s Parcel Numbers 022913115, 16 & 26; Jones Family Trust,
Garness Family Trust, & Clemons Revocable Trust, 8821 Etiwanda Avenue, San Bernardino County
Tax Assessor’s Parcel Number 022916215; Goodman Rancho SPE, LLC, 12521 Arrow Route and
8688 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Numbers 022913130 & 31;
BTC III Rancho Cucamonga Logistics Center, LP, 8996 Etiwanda Avenue, San Bernardino County
Tax Assessor’s Parcel Number 022928379; BCORE IE West Owner, LLC, 8939 Etiwanda Avenue,
San Bernardino County Tax Assessor’s Parcel Number 022929155; Southern California Edison
Company, 8949 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Number 0229291
22; Colombero Family Limited Partnership, 8685 8821 Etiwanda Avenue and 12928 12974
Whittram Avenue, San Bernardino County Tax Assessor’s Parcel Numbers 022915115 & 28 and
022916101, 02, 03, 04, 05, 19 & 20). (RESOLUTION NOS. 2022008, 2022009, 2022010, 2022
011, 2022012, 2022013, 2022014, 2022015, 2022016) (CITY).
G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT
G1.8:00 PM Time Certain: Public Hearing #3 Consideration of City Council District Boundaries, to
Include Review of the Demographer’s Preliminary Analysis; Review of the Public Mapping Tool and
Inviting the Community to Submit Maps; Review of Staff’s Presentation of Maps Prepared Using the
Discussed Criteria; and Receipt of Public Input on Communities of Interest and Potential District
Boundaries. (CITY)
H. CITY MANAGER'S STAFF REPORT(S)
H1.Consideration of an Agreement with SDI Presence LLC for Enterprise Resource Planning Software
Consulting Services and Authorizing an Appropriation in the Amount of $270,000. (CITY)
I. COUNCIL BUSINESS
I1.COUNCIL ANNOUNCEMENTS
(Comments to be limited to three minutes per Council Member.)
I2.INTERAGENCY 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 SeventyTwo (72) hours
prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the
City's website.
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
MayorL. Dennis MichaelMayor Pro TemLynne B. KennedyMembers of the CityCouncil:Ryan A. HutchisonKristine D. ScottSam Spagnolo AMENDED AGENDA(ITEMS F3 AND F4 UPDATED TO REFLECT APN’s 1/14/2022 1:00PM)CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDAJanuary 19, 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 the Council Chambers located at 10500 Civic Center Drive. It Is the Intent to concludethe 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 bycontacting 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 limitingcontact that could spread the COVID–19 virus, members of the public have the option toparticipate in this City Council/Fire District meeting via a teleconference. Members of thepublic may also attend the meeting in person. Those wishing to speak during publiccommunication may call at the start of the meeting by dialing (909)7742751, if speakingon 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 theorder received. Members of the public are encouraged to watch from the safety of theirhomes by Live Streaming on the City's website at https://www.cityofrc.us/yourgovernment/citycouncilagendas or Local Cable: RCTV3 Programming. The City ofRancho Cucamonga thanks you in advance for taking all precautions to prevent spreadingthe 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: 2 CASES – (CITY)D3.CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATIONPURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION54956.9: 1 CASE – (FIRE) 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 RANCHOCUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA, CASENO. 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 THE TERMINUS OF SMOKESTONE STREET, EAST OFTORREY PINE COURT, RANCHO CUCAMONGA, CALIFORNIA 91739, IDENTIFIED AS COUNTYASSESSOR’S PARCEL NUMBER 022804424, NEGOTIATING PARTIES JOHN GILLISON, CITYMANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND CHAO PING YANG;REGARDING PRICE AND TERMS. – (CITY)D8.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8949 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916222; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATINGPARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)D9.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 SET FORTHABOVE. – (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 022916223; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATINGPARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)D11.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8768 AND 8822 ETIWANDA AVENUE, FURTHERIDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022913115,16, AND 26; 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 PARTIESMAY NEGOTIATE WITH THE PROPERTY 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 12521 ARROW ROUTE AND 8688 ETIWANDA AVENUE,FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER022913130 AND 31; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLYDEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHOCUCAMONGA, AND GOODMAN RANCHO SPE LLC, A DELAWARE LIMITED LIABILITY COMPANY,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATINGPARTIES MAY NEGOTIATE WITH THE PROPERTY 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 and 18;NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND,PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND LIGHTNINGP.M. LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONSTO NEGOTIATORS 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 TO 8821 ETIWANDA AVENUE AND 12928 TO 12974WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'SPARCEL NUMBER 022915115 AND 28, 022916101, 02, 03, 04, 05, 19, AND 20;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)D17.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)D18.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 AGENDAB. ANNOUNCEMENT / PRESENTATIONSC. PUBLIC COMMUNICATIONSMembers of the City Council also sit as the Fire Board, Housing Successor Agency, SuccessorAgency, and Public Finance Authority. This is the time and place for the general public to addressthe Fire Protection District, Housing Successor Agency, Successor Agency, Public FinancingAuthority Board, and City Council on any item listed or not listed on the agenda. State law prohibits theFire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board,and City Council from addressing any issue not previously included on the Agenda. The Fire ProtectionDistrict, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Councilmay receive testimony and set the matter for a subsequent meeting.Comments are to be limited to five minutes per individual or less, as deemed necessary by theMayor, depending upon the number of individuals desiring to speak. All communications are to beaddressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to themembers of the audience. This is a professional business meeting and courtesy and decorum are expected.Please refrain from any debate between audience and speaker, making loud noises, or engaging in anyactivity which might be disruptive to the decorum of the meeting.The public communications period will not exceed one hour prior to the commencement of thebusiness portion of the agenda. During this one hour period, all those who wish to speak on a topiccontained in the business portion of the agenda will be given priority, and no further speaker cards for thesebusiness items (with the exception of public hearing items) will be accepted once the business portion of theagenda commences. Any other public communications which have not concluded during this one hour periodmay resume after the regular business portion of the agenda has been completed.CONSENT CALENDARS:The following Consent Calendar items are expected to be routine and noncontroversial. They will be actedupon without discussion unless an item is removed by Council Member for discussion.Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, andPublic Finance Authority and may act on the consent calendar for those bodies as part of a single motion withthe City Council consent calendar.D. CONSENT CALENDARD1.Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of$1,822,002.63 and City and Fire District Weekly Check Registers (Excluding Checks Issued toSouthern California Gas Company) in the Total Amount of $1,956,777.89 Dated December 17,2021 Through December 30, 2021 and City and Fire District Electronic Debit Registers for theMonth of December in the Total Amount of $1,563,074.46. (CITY/FIRE)D2.Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued toSouthern California Gas Company in the Total Amount of $1,092.38 Dated December 17, 2021Through December 30, 2021. (CITY/FIRE)D3.Consideration to Receive and File Current Investment Schedules as of December 31, 2021 forthe City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District.(CITY/FIRE)D4.Consideration to Accept as Complete, File the Notice of Completion, and Authorize Release ofRetention and Bonds for the Fiscal Year 2021/22 Local Slurry Seal Pavement RehabilitationProject Contract No. 2021120. (CITY)D5.Consideration to Accept the Parks Painting Project FY 2021 (CO# 2021077) as Complete,File the Notice of Completion, and Authorize Release of Retention and Bonds. (CITY)D6.Consideration to Issue a Purchase Order for the Purchase of Fiber Optic Equipment from Calix,Inc. in the Amount of $100,000 and an Appropriation in the Amount of $150,000. (CITY)D7.Consideration of Amendment No. 1 to the Agreement with Kosmont & Associates, Inc., forServices Related to the Formation of an Enhanced Infrastructure Financing District (EIFD).(CITY)D8.Consideration of the Improvement Agreement and Improvement Securities for StreetImprovements, Order Annexation to Landscape Maintenance District No. 9, Street LightMaintenance Districts Nos. 1 and 8 for Case No. DRC201401130, Located at the NorthwestCorner of Foothill Blvd. and East Avenue. (RESOLUTION NO. 2022017) (RESOLUTION NO.2022018), (RESOLUTION NO. 2022019) (CITY)D9.Consideration of a Resolution Authorizing Submittal of Applications for All CalRecycle Grantand Payment Programs for which the City of Rancho Cucamonga is Eligible. (RESOLUTIONNO. 2022020) (CITY)D10.Consideration of a Resolution Approving an Amendment to the Rancho CucamongaManagement Association and Part Time City Positions Salary Schedules for Fiscal Year 20212022. (RESOLUTION NO. 2022021) (CITY)E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTIONE1.Consideration of Second Reading and Adoption of the Following:ORDINANCE NO. 992AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,CALIFORNIA, CONSENTING TO ANNEXATION DRC202000185 AND APPROVINGPREZONING DRC202000186 IN CONNECTION WITH THE PROPOSED DEVELOPMENT OFTWO NEW INDUSTRIAL BUILDINGS TOTALING APPROXIMATELY 655,878 SQUARE FEETON AN APPROXIMATE 35ACRE PROJECT SITE LOCATED AT ETIWANDA AVENUE NORTHOF NAPA STREET, AND MAKING FINDINGS IN SUPPORT THEREOF – APNs: 022929123, 46AND 54 ORDINANCE NO. 993AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT DRC202100175 BETWEEN THECITY OF RANCHO CUCAMONGA AND HILLWOOD ENTERPRISES, L.P., TO FACILITATE THEDEVELOPMENT OF TWO NEW INDUSTRIAL BUILDINGS TOTALING APPROXIMATELY655,878 SQUARE FEET ON AN APPROXIMATE 35ACRE PROJECT SITE LOCATEDAPPROXIMATELY 650 FEET EAST OF ETIWANDA AVENUE AND NORTH OF NAPA STREET;AND MAKING FINDINGS IN SUPPORT THEREOF – APN: 022929146 AND 54F. ADMINISTRATIVE HEARING ITEM(S)F1.Consideration of First Reading of Ordinance No. 995, to be Read by Title Only and Waive FurtherReading, Amending Chapter 3.40 Transient Occupancy Tax (TOT) of the Rancho CucamongaMunicipal Code to Confirm That ShortTerm Rentals are Subject to the City’s Transient OccupancyTax, Further Clarify the Definition of Hotel and Transient Under the Chapter, Provide Regulations forFiling and Appeals Procedures, and Make Other Minor Amendments to the Chapter. (ORDINANCENO. 995) (CITY)F2.Discussion, Consideration and Possible Action to Introduce, Waive Reading of and Adopt by a Fourfifths Vote, for a Period of 45 Days, an Urgency Ordinance to Establish Objective Zoning AndSubdivision Standards for Senate Bill 9 Projects in SingleFamily Residential Zones, Declaring TheUrgency Thereof and Making a Determination of Exemption Under the California EnvironmentalQuality Act (CEQA). (URGENCY ORDINANCE NO. 994) (CITY)F3.Consideration of a Resolution of Necessity for the Acquisition by Eminent Domain of Certain RealProperty Interests for Public Purposes in Connection with the Phase 1, Segment 2, San Sevaine TrailProject, A Joint Agency Project with the City of Fontana (Chao Ping Yan, Terminus of SmokestoneStreet, East of Torrey Pine Court, San Bernardino County Tax Assessor’s Parcel Number 022804424). (RESOLUTION NO. 2022007) (CITY)F4.Consideration of Resolutions of Necessity of the City of Rancho Cucamonga, Declaring Certain RealProperty Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof inConnection with the City’s Etiwanda Grade Separation Project (Kular Truck Line, Inc., 8783 EtiwandaAvenue and 12949 Whittram Avenue, San Bernardino County Tax Assessor’s Parcel Number 022916214; Lightning PM, LLC, 8889 Etiwanda Avenue, San Bernardino County Tax Assessor’s ParcelNumbers 022929117 & 18; SCG of DP Etiwanda, LLC, 8768 & 8822 Etiwanda Avenue, SanBernardino County Tax Assessor’s Parcel Numbers 022913115, 16 & 26; Jones Family Trust,Garness Family Trust, & Clemons Revocable Trust, 8821 Etiwanda Avenue, San Bernardino CountyTax Assessor’s Parcel Number 022916215; Goodman Rancho SPE, LLC, 12521 Arrow Route and8688 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Numbers 022913130 & 31;BTC III Rancho Cucamonga Logistics Center, LP, 8996 Etiwanda Avenue, San Bernardino CountyTax Assessor’s Parcel Number 022928379; BCORE IE West Owner, LLC, 8939 Etiwanda Avenue,San Bernardino County Tax Assessor’s Parcel Number 022929155; Southern California EdisonCompany, 8949 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel Number 022929122; Colombero Family Limited Partnership, 8685 8821 Etiwanda Avenue and 12928 12974Whittram Avenue, San Bernardino County Tax Assessor’s Parcel Numbers 022915115 & 28 and022916101, 02, 03, 04, 05, 19 & 20). (RESOLUTION NOS. 2022008, 2022009, 2022010, 2022011, 2022012, 2022013, 2022014, 2022015, 2022016) (CITY).G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICTG1.8:00 PM Time Certain: Public Hearing #3 Consideration of City Council District Boundaries, toInclude Review of the Demographer’s Preliminary Analysis; Review of the Public Mapping Tool andInviting the Community to Submit Maps; Review of Staff’s Presentation of Maps Prepared Using theDiscussed Criteria; and Receipt of Public Input on Communities of Interest and Potential DistrictBoundaries. (CITY)H. CITY MANAGER'S STAFF REPORT(S)H1.Consideration of an Agreement with SDI Presence LLC for Enterprise Resource Planning SoftwareConsulting Services and Authorizing an Appropriation in the Amount of $270,000. (CITY)I. COUNCIL BUSINESSI1.COUNCIL ANNOUNCEMENTS(Comments to be limited to three minutes per Council Member.)I2.INTERAGENCY UPDATES(Update by the City Council to the community on the meetings that were attended.)J. CITY ATTORNEY ITEMSK. 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 SeventyTwo (72) hours
prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the
City's website.
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 9
DATE:January 19, 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 $1,822,002.63 and City and Fire District Weekly Check
Registers (Excluding Checks Issued to Southern California Gas
Company) in the Total Amount of $1,956,777.89 Dated December 17,
2021 Through December 30, 2021 and City and Fire District Electronic
Debit Registers for the Month of December in the Total Amount of
$1,563,074.46. (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 $1,049,898.60 and $772,104.03 for the City and
the Fire District, respectively. Weekly check register amounts are $1,854,965.66 and
$101,812.23 for the City and the Fire District, respectively. Electronic Debit Register amounts are
$809,713.36 and $753,361.10 for the City and the Fire District, respectively.
BACKGROUND:
N/A
ANALYSIS:
N/A
FISCAL IMPACT:
Adequate budgeted funds are available for the payment of demands per the attached listing.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
N/A
ATTACHMENTS:
Attachment 1 - Weekly Check Register
Attachment 2 - Electronic Debit Register
Page 10
Agenda Check Register
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Excluding So Calif Gas Company.
AND
CITY OF RANCHO CUCAMONGA
12/17/2021 through 12/30/2021
Check No.Check Date Vendor Name City Fire Amount
AP 00013524 12/20/2021 AHUMADA, ALEXANDER R 0.00 614.88 614.88
AP 00013525 12/20/2021 ALMAND, LLOYD 0.00 614.88 614.88
AP 00013526 12/20/2021 BANTAU, VICTORIA 0.00 456.06 456.06
AP 00013527 12/20/2021 BAZAL, SUSAN 0.00 698.71 698.71
AP 00013528 12/20/2021 BELL, MICHAEL L 0.00 1,577.74 1,577.74
AP 00013529 12/20/2021 BERRY, DAVID 0.00 614.88 614.88
AP 00013530 12/20/2021 BROCK, ROBIN 0.00 1,096.31 1,096.31
AP 00013531 12/20/2021 CAMPBELL, GERALD 0.00 873.31 873.31
AP 00013532 12/20/2021 CAMPBELL, STEVEN 0.00 614.88 614.88
AP 00013533 12/20/2021 CARNES, KENNETH 0.00 456.06 456.06
AP 00013534 12/20/2021 CLABBY, RICHARD 0.00 1,290.56 1,290.56
AP 00013535 12/20/2021 CLOUGHESY, DONALD R 0.00 2,095.76 2,095.76
AP 00013536 12/20/2021 CORCORAN, ROBERT ANTHONY 0.00 714.37 714.37
AP 00013537 12/20/2021 COSTELLO, DENNIS M 0.00 2,095.76 2,095.76
AP 00013538 12/20/2021 COX, KARL 0.00 614.88 614.88
AP 00013539 12/20/2021 CRANE, RALPH 0.00 614.88 614.88
AP 00013540 12/20/2021 CROSSLAND, WILBUR 0.00 456.06 456.06
AP 00013541 12/20/2021 CURATALO, JAMES 0.00 1,096.31 1,096.31
AP 00013542 12/20/2021 DAGUE, JAMES 0.00 1,080.65 1,080.65
AP 00013543 12/20/2021 DE ANTONIO, SUSAN 0.00 714.37 714.37
AP 00013544 12/20/2021 DEANS, JACKIE 0.00 232.94 232.94
AP 00013545 12/20/2021 DOMINICK, SAMUEL A 0.00 1,096.31 1,096.31
AP 00013546 12/20/2021 EAGLESON, MICHAEL 0.00 1,577.74 1,577.74
AP 00013547 12/20/2021 EGGERS, BOB 0.00 1,080.65 1,080.65
AP 00013548 12/20/2021 FEJERAN, TIM 0.00 1,722.43 1,722.43
AP 00013549 12/20/2021 FRITCHEY, JOHN D 0.00 456.06 456.06
AP 00013550 12/20/2021 HEYDE, DONALD 0.00 614.88 614.88
AP 00013551 12/20/2021 INTERLICCHIA, ROSALYN 0.00 232.94 232.94
AP 00013552 12/20/2021 JERKINS, PATRICK 0.00 1,722.43 1,722.43
AP 00013553 12/20/2021 KILMER, STEPHEN 0.00 1,290.56 1,290.56
AP 00013554 12/20/2021 KIRKPATRICK, WILLIAM M 0.00 858.13 858.13
AP 00013555 12/20/2021 LANE, WILLIAM 0.00 614.88 614.88
AP 00013556 12/20/2021 LARKIN, DAVID W 0.00 1,722.43 1,722.43
AP 00013557 12/20/2021 LEE, ALLAN J 0.00 232.94 232.94
AP 00013558 12/20/2021 LENZE, PAUL E 0.00 614.88 614.88
AP 00013559 12/20/2021 LONCAR, PHILIP 0.00 1,546.42 1,546.42
AP 00013560 12/20/2021 LONGO, JOE 0.00 153.53 153.53
AP 00013561 12/20/2021 LUTTRULL, DARRELL 0.00 456.06 456.06
AP 00013562 12/20/2021 MACKALL, BEVERLY 0.00 153.53 153.53
AP 00013563 12/20/2021 MAYFIELD, RON 0.00 614.88 614.88
AP 00013564 12/20/2021 MCKEE, JOHN 0.00 614.88 614.88
AP 00013565 12/20/2021 MCNEIL, KENNETH 0.00 614.88 614.88
AP 00013566 12/20/2021 MICHAEL, L. DENNIS 0.00 614.88 614.88
AP 00013567 12/20/2021 MORGAN, BYRON 0.00 1,968.84 1,968.84
AP 00013568 12/20/2021 MYSKOW, DENNIS 0.00 1,290.56 1,290.56
AP 00013569 12/20/2021 NAUMAN, MICHAEL 0.00 456.06 456.06
AP 00013570 12/20/2021 NELSON, MARY JANE 0.00 153.53 153.53
10:08:31
01/12/2022Current Date:JSHIELDS - Jason Shields Page:1
Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout
User:
Report:Page 11
Agenda Check Register
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Excluding So Calif Gas Company.
AND
CITY OF RANCHO CUCAMONGA
12/17/2021 through 12/30/2021
Check No.Check Date Vendor Name City Fire Amount
AP 00013571 12/20/2021 NOREEN, ERIC 0.00 2,095.76 2,095.76
AP 00013572 12/20/2021 O'BRIEN, TOM 0.00 1,577.74 1,577.74
AP 00013573 12/20/2021 PLOUNG, MICHAEL J 0.00 614.88 614.88
AP 00013574 12/20/2021 POST, MICHAEL R 0.00 1,546.42 1,546.42
AP 00013575 12/20/2021 PROULX, PATRICK 0.00 1,096.31 1,096.31
AP 00013576 12/20/2021 REDMOND, MIKE 0.00 614.88 614.88
AP 00013577 12/20/2021 ROBERTS, BRENT 0.00 714.37 714.37
AP 00013578 12/20/2021 ROBERTS, CHERYL L 0.00 2,095.76 2,095.76
AP 00013579 12/20/2021 ROEDER, JEFF 0.00 1,577.74 1,577.74
AP 00013580 12/20/2021 SALISBURY, THOMAS 0.00 614.88 614.88
AP 00013581 12/20/2021 SMITH, RONALD 0.00 456.06 456.06
AP 00013582 12/20/2021 SORENSEN, SCOTT D 0.00 1,546.42 1,546.42
AP 00013583 12/20/2021 SPAGNOLO, SAM 0.00 456.06 456.06
AP 00013584 12/20/2021 SPAIN, WILLIAM 0.00 873.31 873.31
AP 00013585 12/20/2021 SULLIVAN, JAMES 0.00 456.06 456.06
AP 00013586 12/20/2021 TAYLOR, STEVEN 0.00 1,878.66 1,878.66
AP 00013587 12/20/2021 TULEY, TERRY 0.00 1,577.74 1,577.74
AP 00013588 12/20/2021 VANDERKALLEN, FRANCIS 0.00 614.88 614.88
AP 00013589 12/20/2021 VARNEY, ANTHONY 0.00 614.88 614.88
AP 00013590 12/20/2021 WALTON, KEVIN 0.00 1,722.43 1,722.43
AP 00013591 12/20/2021 YOWELL, TIMOTHY A 0.00 614.88 614.88
AP 00013592 12/21/2021 BEST BEST & KRIEGER LLP 637.50 0.00 637.50
AP 00013593 12/21/2021 CALIF GOVERNMENT VEBA / RANCHO CUCAMONGA 339,740.85 0.00 339,740.85
AP 00013594 12/21/2021 CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT 749.04 0.00 749.04
AP 00013595 12/21/2021 ELECNOR BELCO ELECTRIC INC 6,553.94 0.00 6,553.94
AP 00013596 12/21/2021 MOFFATT & NICHOL 228,309.73 0.00 228,309.73
AP 00013597 12/21/2021 RCCEA 1,535.75 0.00 1,535.75
AP 00013598 12/21/2021 RCPFA 13,290.36 0.00 13,290.36
AP 00013599 12/21/2021 RICHARDS WATSON AND GERSHON 32,969.02 0.00 32,969.02
AP 00013600 12/21/2021 RIVERSIDE, CITY OF 6,909.00 0.00 6,909.00
AP 00013601 12/21/2021 U S DEPARTMENT OF ENERGY 8,057.39 0.00 8,057.39
AP 00013602 12/21/2021 KME FIRE APPARATUS 0.00 1,029.32 1,029.32
AP 00013603 12/21/2021 LN CURTIS AND SONS 0.00 550.67 550.67
AP 00013604 12/21/2021 MINUTEMAN PRESS 3,072.78 0.00 3,072.78
AP 00013605 12/21/2021 OFFICE DEPOT 666.55 0.00 666.55
AP 00013606 12/21/2021 PSA PRINT GROUP 232.74 0.00 232.74
AP 00421908 12/20/2021 RODRIGUEZ, VICTOR 0.00 614.88 614.88
AP 00421909 12/20/2021 TOWNSEND, JAMES 0.00 2,095.76 2,095.76
AP 00421910 12/20/2021 WALKER, KENNETH 0.00 232.94 232.94
AP 00421911 12/21/2021 49ER COMMUNICATIONS INC 0.00 589.60 589.60
AP 00421912 12/21/2021 ADVANTAGE SEALING SYSTEMS INC 376.37 0.00 376.37
AP 00421913 12/21/2021 AFLAC GROUP INSURANCE 24.58 0.00 24.58
AP 00421914 12/21/2021 ASCENT ENVIRONMENTAL INC 5,711.25 0.00 5,711.25
AP 00421915 12/21/2021 BAILEY, JACOB 0.00 225.00 225.00
AP 00421916 12/21/2021 BRIGHTVIEW LANDSCAPE SERVICES INC 17,420.67 0.00 17,420.67
***AP 00421919 12/21/2021 C V W D 17,896.85 698.05 18,594.90
AP 00421920 12/21/2021 CALIFA GROUP 5,349.48 0.00 5,349.48
10:08:31
01/12/2022Current Date:JSHIELDS - Jason Shields Page:2
Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout
User:
Report:Page 12
Agenda Check Register
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Excluding So Calif Gas Company.
AND
CITY OF RANCHO CUCAMONGA
12/17/2021 through 12/30/2021
Check No.Check Date Vendor Name City Fire Amount
***AP 00421921 12/21/2021 CALIFORNIA DEPT OF TAX & FEE ADMINISTRATION 118.10 1,052.98 1,171.08
AP 00421922 12/21/2021 CALIFORNIA, STATE OF 342.73 0.00 342.73
AP 00421923 12/21/2021 CALIFORNIA, STATE OF 32.26 0.00 32.26
AP 00421924 12/21/2021 CalPERS LONG-TERM CARE PROGRAM 177.08 0.00 177.08
AP 00421925 12/21/2021 CAMERON WELDING 113.85 0.00 113.85
AP 00421926 12/21/2021 CHINO MOWER & EQUIPMENT 1,308.05 0.00 1,308.05
***AP 00421927 12/21/2021 CINTAS CORPORATION #150 1,151.02 286.15 1,437.17
AP 00421928 12/21/2021 COAST RECREATION INC 725.89 0.00 725.89
AP 00421929 12/21/2021 COMPUTERIZED EMBROIDERY COMPANY 0.00 6,713.91 6,713.91
AP 00421930 12/21/2021 COYNE, STEVEN M 15,000.00 0.00 15,000.00
AP 00421931 12/21/2021 D & K CONCRETE COMPANY 648.66 0.00 648.66
AP 00421932 12/21/2021 DIRECTV 88.99 0.00 88.99
AP 00421933 12/21/2021 DOG WASTE DEPOT 3,341.19 0.00 3,341.19
AP 00421934 12/21/2021 FEDERAL EXPRESS CORP 108.93 0.00 108.93
AP 00421935 12/21/2021 FIELDMAN ROLAPP & ASSOCIATES 125.00 0.00 125.00
AP 00421936 12/21/2021 FORTIN LAW GROUP 2,986.35 0.00 2,986.35
AP 00421937 12/21/2021 G/M BUSINESS INTERIORS 59.70 0.00 59.70
AP 00421938 12/21/2021 GENTRY GENERAL ENGINEERING INC 292,881.83 0.00 292,881.83
***AP 00421939 12/21/2021 GOLDEN STATE RISK MANAGEMENT AUTHORITY 96,428.00 1,232.00 97,660.00
AP 00421940 12/21/2021 GONSALVES & SON, JOE A 3,000.00 0.00 3,000.00
AP 00421941 12/21/2021 GRAINGER 525.01 0.00 525.01
AP 00421942 12/21/2021 HANDTEVY PEDIATRIC EMERGENCY STANDARDS 0.00 597.00 597.00
AP 00421943 12/21/2021 HONDA YAMAHA HUSQVARNA OF REDLANDS 365.37 0.00 365.37
AP 00421944 12/21/2021 HU, ANQI 77.50 0.00 77.50
AP 00421945 12/21/2021 INLAND EMPIRE PROPERTY SERVICES INC 0.00 7,300.00 7,300.00
AP 00421946 12/21/2021 KAISER FOUNDATION HEALTH PLAN INC 246,380.47 0.00 246,380.47
AP 00421947 12/21/2021 LIFE-ASSIST INC 0.00 4,861.33 4,861.33
***AP 00421948 12/21/2021 NAPA AUTO PARTS 256.83 484.46 741.29
***AP 00421949 12/21/2021 OCCUPATIONAL HEALTH CTRS OF CA 189.50 544.50 734.00
AP 00421950 12/21/2021 ONWARD ENGINEERING 17,197.50 0.00 17,197.50
AP 00421951 12/21/2021 PACIFIC UTILITY INSTALLATION INC 304.00 0.00 304.00
AP 00421952 12/21/2021 PINNACLE PETROLEUM INC 2,363.56 0.00 2,363.56
AP 00421953 12/21/2021 PRE-PAID LEGAL SERVICES INC 60.17 0.00 60.17
AP 00421954 12/21/2021 PRECISION AERIAL SERVICES INC 3,614.64 0.00 3,614.64
AP 00421955 12/21/2021 PRIME GLASS 331.06 0.00 331.06
AP 00421956 12/21/2021 RANCHO CUCAMONGA CHAMBER OF COMMERCE 3,166.00 0.00 3,166.00
AP 00421957 12/21/2021 RAPID DIESEL REPAIR LLC 3,810.36 0.00 3,810.36
AP 00421958 12/21/2021 RESOURCE BUILDING MATERIALS 1,724.00 0.00 1,724.00
AP 00421959 12/21/2021 RILEY ELECTRIC 129.60 0.00 129.60
AP 00421960 12/21/2021 RMUS LLC 0.00 7,180.46 7,180.46
AP 00421961 12/21/2021 SAFE-ENTRY TECHNICAL INC 0.00 50.00 50.00
AP 00421962 12/21/2021 SAN BERNARDINO COUNTY 50.00 0.00 50.00
AP 00421963 12/21/2021 SAN BERNARDINO COUNTY 390.00 0.00 390.00
AP 00421964 12/21/2021 SAN BERNARDINO CTY AUDITOR CONTROLLER 104.00 0.00 104.00
AP 00421965 12/21/2021 SANTA FE TRAILS LAND LTD 201.60 0.00 201.60
AP 00421966 12/21/2021 SBPEA 2,370.04 0.00 2,370.04
AP 00421967 12/21/2021 SIEMENS MOBILITY INC 107,113.57 0.00 107,113.57
10:08:31
01/12/2022Current Date:JSHIELDS - Jason Shields Page:3
Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout
User:
Report:Page 13
Agenda Check Register
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Excluding So Calif Gas Company.
AND
CITY OF RANCHO CUCAMONGA
12/17/2021 through 12/30/2021
Check No.Check Date Vendor Name City Fire Amount
AP 00421968 12/21/2021 SILVER & WRIGHT LLP 10,377.45 0.00 10,377.45
AP 00421970 12/21/2021 SOLAR PERMIT SPECIALISTS 91.62 0.00 91.62
AP 00421974 12/21/2021 SOUTHERN CALIFORNIA EDISON 13,454.42 0.00 13,454.42
AP 00421975 12/21/2021 SOUTHERN CALIFORNIA EDISON 2,845.53 0.00 2,845.53
AP 00421976 12/21/2021 SOUTHERN CALIFORNIA LANDSCAPE INC 221,390.33 0.00 221,390.33
AP 00421977 12/21/2021 TIREHUB LLC 0.00 844.00 844.00
AP 00421978 12/21/2021 TRI POINTE HOMES 3,648.24 0.00 3,648.24
AP 00421979 12/21/2021 TYLER, SUSAN 39.35 0.00 39.35
AP 00421980 12/21/2021 U S BANK N A CORPORATE TRUST 9,745.00 0.00 9,745.00
AP 00421981 12/21/2021 UNITED WAY 45.00 0.00 45.00
AP 00421982 12/21/2021 UNITY COURIER SERVICE INC 1,143.00 0.00 1,143.00
AP 00421983 12/21/2021 UPS 68.70 0.00 68.70
AP 00421985 12/21/2021 VELOCITY TRUCK CENTERS 242.43 0.00 242.43
AP 00421986 12/21/2021 VERIZON 26.34 0.00 26.34
AP 00421987 12/21/2021 VIRGIN PULSE INC 1,108.80 0.00 1,108.80
AP 00421988 12/21/2021 VISION SERVICE PLAN CA 10,639.86 0.00 10,639.86
AP 00421989 12/21/2021 WAXIE SANITARY SUPPLY 8,511.55 0.00 8,511.55
AP 00421990 12/21/2021 WEST COAST ARBORISTS INC 69,031.80 0.00 69,031.80
AP 00421991 12/21/2021 WESTERN STATES TRANSMISSIONS 2,539.23 0.00 2,539.23
AP 00421992 12/21/2021 WILSON & BELL AUTO SERVICE 1,150.75 0.00 1,150.75
AP 00421993 12/21/2021 WINZER CORPORATION 0.00 169.54 169.54
$1,854,965.66
$1,956,777.89
$101,812.23
Note:
Grand Total:
Total Fire:
Total City:
*** Check Number includes both City and Fire District expenditures
10:08:31
01/12/2022Current Date:JSHIELDS - Jason Shields Page:4
Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout
User:
Report:Page 14
DATE DESCRIPTION CITY FIRE AMOUNT
12/1 WIRE PAYMENT - RCMU CAISO 31,934.95 31,934.95
12/1 Workers Comp - City Account Transfer 128.14 128.14
12/1 Workers Comp - Fire Account Transfer 71.81 71.81
12/2 Bank Fee 81.45 81.45
12/2 CALPERS - City - Retirement Account Deposit 55,545.43 55,545.43
12/2 CALPERS - City - Retirement Account Deposit 105,955.96 105,955.96
12/2 CALPERS - Fire - Retirement Account Deposit 3,293.04 3,293.04
12/2 CALPERS - Fire - Retirement Account Deposit 3,436.12 3,436.12
12/2 CALPERS - Fire - Retirement Account Deposit 4,706.60 4,706.60
12/2 CALPERS - Fire - Retirement Account Deposit 10,247.04 10,247.04
12/2 CALPERS - Fire - Retirement Account Deposit 36,194.44 36,194.44
12/2 CALPERS - Fire - Retirement Account Deposit 111,161.43 111,161.43
12/2 STATE DISBURSEMENT UNIT - Child Support Payments 3,700.60 3,700.60
12/2 STATE DISBURSEMENT UNIT - Child Support Payments 1,296.50 1,296.50
12/2 U.S. BANK - Purchasing Card, Corporate Card and Costco Card Payment 65,752.45 24,155.48 89,907.93
12/2 Workers Comp - City Account Transfer 811.97 811.97
12/2 Workers Comp - Fire Account Transfer 650.16 650.16
12/3 Workers Comp - City Account Transfer 100.61 100.61
12/3 Workers Comp - Fire Account Transfer 1,044.40 1,044.40
12/6 WIRE PAYMENT - RCMU CAISO 25,422.34 25,422.34
12/6 Workers Comp - Fire Account Transfer 2,379.07 2,379.07
12/7 Workers Comp - City Account Transfer 200.85 200.85
12/7 Workers Comp - Fire Account Transfer 98.01 98.01
12/8 Workers Comp - Fire Account Transfer 726.17 726.17
12/9 Workers Comp - City Account Transfer 10.85 10.85
12/9 Workers Comp - Fire Account Transfer 132.38 132.38
12/10 Workers Comp - Fire Account Transfer 1,610.00 1,610.00
12/13 WIRE PAYMENT - RCMU CAISO 27,280.85 27,280.85
12/13 Workers Comp - Fire Account Transfer 2,045.40 2,045.40
12/14 WIRE PAYMENT - RCMU CAISO 241.59 241.59
12/14 Workers Comp - City Account Transfer 497.22 497.22
12/14 Workers Comp - Fire Account Transfer 984.15 984.15
12/15 Workers Comp - City Account Transfer 763.66 763.66
12/15 Workers Comp - Fire Account Transfer 595.09 595.09
12/16 STATE DISBURSEMENT UNIT - Child Support Payments 3,700.60 3,700.60
12/16 STATE DISBURSEMENT UNIT - Child Support Payments 1,296.50 1,296.50
12/16 Workers Comp - City Account Transfer 2,146.40 2,146.40
12/16 Workers Comp - Fire Account Transfer 137.59 137.59
12/17 Workers Comp - City Account Transfer 32.58 32.58
12/17 Workers Comp - Fire Account Transfer 1,392.75 1,392.75
12/20 CALPERS - City - Retirement Account Deposit 54,139.56 54,139.56
12/20 CALPERS - City - Retirement Account Deposit 105,695.59 105,695.59
12/20 CALPERS - Fire - Retirement Account Deposit 3,293.03 3,293.03
12/20 CALPERS - Fire - Retirement Account Deposit 3,436.12 3,436.12
12/20 CALPERS - Fire - Retirement Account Deposit 4,639.51 4,639.51
12/20 CALPERS - Fire - Retirement Account Deposit 10,042.81 10,042.81
12/20 CALPERS - Fire - Retirement Account Deposit 35,341.11 35,341.11
12/20 CALPERS - Fire - Retirement Account Deposit 108,983.47 108,983.47
12/20 WIRE PAYMENT - RCMU CAISO 136,587.47 136,587.47
12/20 Workers Comp - Fire Account Transfer 2,524.19 2,524.19
12/21 WIRE PAYMENT - RCMU CAISO 86.89 86.89
12/21 Workers Comp - City Account Transfer 492.03 492.03
12/21 Workers Comp - Fire Account Transfer 1,242.57 1,242.57
12/22 CALPERS - Fire - Retirement Account Deposit 194,912.33 194,912.33
12/22 Workers Comp - City Account Transfer 992.50 992.50
12/22 Workers Comp - Fire Account Transfer 709.55 709.55
12/23 CALPERS - City - Retirement Account Deposit 52,298.40 52,298.40
12/23 CALPERS - City - Retirement Account Deposit 105,611.64 105,611.64
CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Electronic Debit Register
DECEMBER 1, 2021 to DECEMBER 31, 2021
1 Page 15
DATE DESCRIPTION CITY FIRE AMOUNT
CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Electronic Debit Register
DECEMBER 1, 2021 to DECEMBER 31, 2021
12/23 CALPERS - Fire - Retirement Account Deposit 3,293.04 3,293.04
12/23 CALPERS - Fire - Retirement Account Deposit 3,436.12 3,436.12
12/23 CALPERS - Fire - Retirement Account Deposit 5,007.34 5,007.34
12/23 CALPERS - Fire - Retirement Account Deposit 10,079.65 10,079.65
12/23 CALPERS - Fire - Retirement Account Deposit 35,210.47 35,210.47
12/23 CALPERS - Fire - Retirement Account Deposit 107,518.23 107,518.23
12/23 Workers Comp - City Account Transfer 771.71 771.71
12/23 Workers Comp - Fire Account Transfer 1,701.12 1,701.12
12/24 Workers Comp - Fire Account Transfer 3,400.94 3,400.94
12/27 Workers Comp - City Account Transfer 365.28 365.28
12/27 Workers Comp - Fire Account Transfer 1,447.00 1,447.00
12/28 WIRE PAYMENT - RCMU CAISO 30,853.73 30,853.73
12/28 Workers Comp - City Account Transfer 669.26 669.26
12/28 Workers Comp - Fire Account Transfer 61.57 61.57
12/29 STATE DISBURSEMENT UNIT - Child Support Payments 3,700.60 3,700.60
12/29 Workers Comp - City Account Transfer 1,500.00 1,500.00
12/31 Workers Comp - City Account Transfer 149.00 149.00
12/31 Workers Comp - Fire Account Transfer 918.00 918.00
TOTAL CITY 809,713.36
TOTAL FIRE 753,361.10
GRAND TOTAL 1,563,074.46
2 Page 16
DATE:January 19, 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 $1,092.38 Dated December 17, 2021 Through December 30,
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 $14.79 and $1,077.59 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 17
Agenda Check Register
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
So Calif Gas Company Only.
AND
CITY OF RANCHO CUCAMONGA
12/17/2021 through 12/30/2021
Check No.Check Date Vendor Name City Fire Amount
***AP 00421969 12/21/2021 SO CALIF GAS COMPANY 14.79 1,077.59 1,092.38
$14.79
$1,092.38
$1,077.59
Note:
Grand Total:
Total Fire:
Total City:
*** Check Number includes both City and Fire District expenditures
10:10:26
01/12/2022Current Date:JSHIELDS - Jason Shields Page:1
Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout
User:
Report:Page 18
DATE:January 19, 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:Lori E. Sassoon, Deputy City Manager/Administrative Services
Tamara L. Oatman, Finance Director
SUBJECT:Consideration to Receive and File Current Investment Schedules as of
December 31, 2021 for the City of Rancho Cucamonga and the Rancho
Cucamonga Fire Protection District. (CITY/FIRE)
RECOMMENDATION:
Staff recommends that the City Council/Board of Directors of the Fire Protection District receive
and file the attached current investment schedules for the City of Rancho Cucamonga (City) and
the Rancho Cucamonga Fire Protection District (District) as of December 31, 2021.
BACKGROUND:
The attached investment schedules as of December 31, 2021 reflect cash and investments
managed by the Finance Department/Revenue Management Division and are in conformity with
the requirements of California Government Code Section 53601 and the City of Rancho
Cucamonga’s and the Rancho Cucamonga Fire Protection District’s adopted Investment Policies
as approved on June 28, 2021.
ANALYSIS:
The City’s and District’s Treasurers are each required to submit a quarterly investment report to
the City Council and the Fire Board, respectively, in accordance with California Government Code
Section 53646. The quarterly investment report is required to be submitted within 30 days
following the end of the quarter covered by the report. However, the City and District Treasurers
have each elected to provide this report on a monthly basis.
FISCAL IMPACT:
None.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
The monthly investment schedule supports the City Council’s core value of providing and
nurturing a high quality of life for all by demonstrating the active, prudent fiscal management of
the City’s investment portfolio to ensure that financial resources are available to support the
various services the City provides to all Rancho Cucamonga stakeholders.
ATTACHMENTS:
Attachment 1 – Investment Schedule (City)
Attachment 2 – Investment Schedule (Fire)
Page 19
Page 20
For the Month Ending December 31, 2021
Account Statement
Consolidated Summary Statement
CITY OF RANCHO CUCAMONGA
Investment Allocation
Investment Type Closing Market Value Percent
9,380,801.28 2.68 Asset-Backed Security
38,086,416.65 10.88 Federal Agency Bond / Note
38,003,688.88 10.86 Corporate Note
1,221,354.90 0.35 Certificate of Deposit - FDIC Insured
1,006,280.00 0.29 Municipal Bond / Note
8,370,168.52 2.39 Supra-National Agency Bond / Note
174,195,961.39 49.77 U.S. Treasury Bond / Note
74,532,150.94 21.30 Local Agency Investment Fund
5,196,577.91 1.48 Passbook/Checking Accounts
$349,993,400.47 Total 100.00%
Portfolio Summary
and Income
Closing
Market ValuePortfolio Holdings
Cash Dividends
PFM Managed Account 196,076.46 270,264,671.62
Local Agency Investment Fund 0.00 74,532,150.94
Passbook/Checking Accounts 0.00 5,196,577.91
$196,076.46 $349,993,400.47 Total
Maturity Distribution (Fixed Income Holdings)
Portfolio Holdings Closing Market Value Percent
79,728,728.85
0.00
0.00
0.00
19,911,184.83
79,461,056.93
58,350,750.48
59,278,275.03
53,263,404.35
0.00
22.78
0.00
0.00
0.00
5.69
22.70
16.67
16.94
15.22
0.00
Under 30 days
31 to 60 days
61 to 90 days
91 to 180 days
181 days to 1 year
1 to 2 years
2 to 3 years
3 to 4 years
4 to 5 years
Over 5 years
Total $349,993,400.47
755
100.00%
Weighted Average Days to Maturity
Sector Allocation
2.68%
ABS
10.88%
Fed Agy Bond /
Note
10.86%
Corporate Note
0.35%
Cert of Deposit -
FDIC
0.29%
Muni Bond / Note
2.39%
Supra-National
Agency Bond / Note
49.77%
US TSY Bond / Note
21.30%
Local Agency
Investment Fund
1.48%
Passbook/Checking
Accounts
Summary Page 1
Page 21
For the Month Ending December 31, 2021Managed Account Summary Statement
CITY OF RANCHO CUCAMONGA - 73340000
Total Cash Basis Earnings
Plus Net Realized Gains/Losses
Less Purchased Interest Related to Interest/Coupons
Interest/Dividends/Coupons Received
Earnings Reconciliation (Cash Basis) - Managed Account
Less Beginning Accrued Interest
Less Beginning Amortized Value of Securities
Less Cost of New Purchases
Plus Coupons/Dividends Received
Plus Proceeds of Maturities/Calls/Principal Payments
Plus Proceeds from Sales
Ending Accrued Interest
Ending Amortized Value of Securities
Earnings Reconciliation (Accrual Basis)
$270,479,494.02
0.00
(7,305,793.13)
7,866,595.09
0.00
(775,624.36)
$270,264,671.62
135,875.32
(11,412.14)
71,613.28
$196,076.46
Total
273,363,810.24
723,130.30
7,343,578.50
0.00
98,089.95
(7,878,007.23)
(272,864,223.22)
(599,477.62)
Total Accrual Basis Earnings $186,900.92
Closing Market Value
Change in Current Value
Unsettled Trades
Principal Acquisitions
Principal Dispositions
Maturities/Calls
Opening Market Value
Transaction Summary - Managed Account
_________________
_________________
______________________________________________________________________________________________Reconciling Transactions
Net Cash Contribution
Security Purchases
Principal Payments
Coupon/Interest/Dividend Income
Sale Proceeds
Maturities/Calls
Cash Transactions Summary - Managed Account
0.00
7,343,578.50
98,089.95
0.00
(7,878,007.23)
0.00
0.00
Cash Balance
$180,711.76 Closing Cash Balance
Account 73340000 Page 1
Page 22
For the Month Ending December 31, 2021Portfolio Summary and Statistics
CITY OF RANCHO CUCAMONGA - 73340000
Account Summary
Percent Par Value Market ValueDescription
U.S. Treasury Bond / Note 174,030,000.00 174,195,961.39 64.46
Supra-National Agency Bond / Note 8,410,000.00 8,370,168.52 3.10
Municipal Bond / Note 1,000,000.00 1,006,280.00 0.37
Federal Agency Bond / Note 38,745,000.00 38,086,416.65 14.09
Corporate Note 37,475,000.00 38,003,688.88 14.06
Certificate of Deposit - FDIC Insured 1,225,000.00 1,221,354.90 0.45
Asset-Backed Security 9,440,000.00 9,380,801.28 3.47
Managed Account Sub-Total 270,325,000.00 270,264,671.62 100.00%
Accrued Interest 723,130.30
Total Portfolio 270,325,000.00 270,987,801.92
Unsettled Trades 0.00 0.00
Sector Allocation
3.47%
ABS
0.45%
Cert of Deposit -
FDIC
14.06%
Corporate Note
14.09%
Fed Agy Bond /
Note
0.37%
Muni Bond / Note
3.10%
Supra-National
Agency Bond / Note
64.46%
US TSY Bond / Note
0 - 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years Over 5 Years
0.00%
7.37%
29.40%
21.59%21.93%
19.71%
0.00%
Maturity Distribution Characteristics
Yield to Maturity at Cost
Yield to Maturity at Market
Weighted Average Days to Maturity 977
0.51%
0.90%
Account 73340000 Page 2
Page 23
For the Month Ending December 31, 2021Managed Account Issuer Summary
CITY OF RANCHO CUCAMONGA - 73340000
Credit Quality (S&P Ratings)
1.76%
A
0.56%
A+
3.87%
A-
0.53%
AA
81.90%
AA+
2.07%
AA-
5.57%
AAA
2.29%
BBB+
1.45%
NR
Issuer Summary
Percentof HoldingsIssuer
Market Value
1,439,852.00 0.53 AMAZON.COM INC
1,779,761.85 0.66 AMERICAN EXPRESS CO
1,971,948.00 0.73 AMERICAN HONDA FINANCE
8,032,266.63 2.97 APPLE INC
1,653,657.15 0.61 ASTRAZENECA PLC
508,899.83 0.19 BMW FINANCIAL SERVICES NA LLC
1,857,227.80 0.69 CAPITAL ONE FINANCIAL CORP
2,440,290.29 0.90 CARMAX AUTO OWNER TRUST
1,964,774.00 0.73 CATERPILLAR INC
656,978.52 0.24 CHARLES SCHWAB
240,204.37 0.09 CHIPPEWA VALLEY BANK
1,493,379.00 0.55 CITIGROUP INC
242,636.24 0.09 ENERBANK USA
26,466,103.55 9.79 FANNIE MAE
2,935,098.00 1.09 FEDERAL FARM CREDIT BANKS
8,685,215.10 3.21 FREDDIE MAC
1,710,262.40 0.63 GENERAL DYNAMICS CORP
372,612.38 0.14 GM FINANCIAL CONSUMER AUTOMOBILE TRUST
511,756.12 0.19 GM FINANCIAL LEASINGTRUST
1,857,533.10 0.69 GOLDMAN SACHS GROUP INC
1,269,855.60 0.47 HONDA AUTO RECEIVABLES
278,531.93 0.10 HYUNDAI AUTO LEASE SECURITIZATION TRUST
534,704.98 0.20 HYUNDAI AUTO RECEIVABLES
1,790,238.33 0.66 IBM CORP
5,238,083.56 1.94 INTER-AMERICAN DEVELOPMENT BANK
3,132,084.96 1.16 INTL BANK OF RECONSTRUCTION AND DEV
1,656,882.85 0.61 JP MORGAN CHASE & CO
911,311.03 0.34 KUBOTA CREDIT OWNER TRUST
1,673,953.60 0.62 LOCKHEED MARTIN CORP
240,625.04 0.09 MEDALLION BANK UTAH
179,444.52 0.07 MERCEDES-BENZ AUTO LEASE TRUST
1,307,848.08 0.48 MORGAN STANLEY
Account 73340000 Page 3
Page 24
For the Month Ending December 31, 2021Managed Account Issuer Summary
CITY OF RANCHO CUCAMONGA - 73340000
Percentof HoldingsIssuer
Market Value
3,038,202.00 1.12 NOVARTIS AG
1,006,280.00 0.37 SAN MATEO-FOSTER CITY SCHOOL DISTRICT
1,638,357.52 0.61 THE BANK OF NEW YORK MELLON CORPORATION
1,086,143.18 0.40 TOYOTA MOTOR CORP
437,147.92 0.16 UNILEVER PLC
174,195,961.39 64.46 UNITED STATES TREASURY
2,554,470.00 0.95 US BANCORP
1,025,066.63 0.38 VOLKSWAGEN OF AMERICA
249,022.17 0.09 WELLS FARGO & COMPANY
$270,264,671.62 Total 100.00%
Account 73340000 Page 4
Page 25
For the Month Ending December 31, 2021Managed Account Detail of Securities Held
CITY OF RANCHO CUCAMONGA - 73340000
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value
Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTradeSettle
Par
U.S. Treasury Bond / Note
US TREASURY NOTES
DTD 10/15/2019 1.375% 10/15/2022
3,175,593.75 3,180,634.22 9,281.25 3,229,734.37 09/28/2009/24/20AaaAA+ 3,150,000.00 912828YK0 0.14
US TREASURY NOTES
DTD 11/15/2012 1.625% 11/15/2022
2,627,625.00 2,633,257.05 5,485.50 2,677,390.62 11/05/2010/30/20AaaAA+ 2,600,000.00 912828TY6 0.15
US TREASURY NOTES
DTD 11/30/2015 2.000% 11/30/2022
8,522,062.08 8,542,314.13 14,769.23 8,695,312.50 01/08/2101/06/21AaaAA+ 8,400,000.00 912828M80 0.14
US TREASURY NOTES
DTD 12/31/2015 2.125% 12/31/2022
5,083,594.00 5,097,325.21 293.51 5,205,078.13 11/24/2011/23/20AaaAA+ 5,000,000.00 912828N30 0.17
US TREASURY NOTES
DTD 01/31/2018 2.375% 01/31/2023
2,449,500.00 2,456,655.04 23,853.26 2,515,031.25 11/20/2011/17/20AaaAA+ 2,400,000.00 9128283U2 0.19
US TREASURY NOTES
DTD 02/28/2018 2.625% 02/28/2023
1,854,684.38 1,860,972.02 16,143.75 1,910,257.03 11/18/2011/16/20AaaAA+ 1,810,000.00 9128284A5 0.19
US TREASURY NOTES
DTD 02/29/2016 1.500% 02/28/2023
7,082,031.60 7,110,964.74 35,676.80 7,200,156.25 01/26/2101/25/21AaaAA+ 7,000,000.00 912828P79 0.13
US TREASURY NOTES
DTD 03/15/2020 0.500% 03/15/2023
5,000,781.00 5,020,193.04 7,458.56 5,039,648.44 11/05/2010/30/20AaaAA+ 5,000,000.00 912828ZD5 0.16
US TREASURY NOTES
DTD 04/30/2018 2.750% 04/30/2023
5,146,094.00 5,170,762.87 23,549.72 5,329,882.81 10/07/2010/06/20AaaAA+ 5,000,000.00 9128284L1 0.17
US TREASURY NOTES
DTD 05/31/2016 1.625% 05/31/2023
3,551,953.30 3,571,687.61 5,000.00 3,630,429.69 11/05/2010/30/20AaaAA+ 3,500,000.00 912828R69 0.17
US TREASURY NOTES
DTD 06/15/2020 0.250% 06/15/2023
6,469,531.25 6,509,786.93 758.93 6,518,281.25 09/28/2009/24/20AaaAA+ 6,500,000.00 912828ZU7 0.15
US TREASURY N/B NOTES
DTD 07/31/2021 0.125% 07/31/2023
5,952,187.20 5,992,135.92 3,138.59 5,990,156.25 08/09/2108/06/21AaaAA+ 6,000,000.00 91282CCN9 0.21
US TREASURY NOTES
DTD 08/15/2020 0.125% 08/15/2023
4,958,594.00 4,995,347.37 2,360.73 4,991,796.88 10/07/2010/06/20AaaAA+ 5,000,000.00 91282CAF8 0.18
US TREASURY NOTES
DTD 09/15/2020 0.125% 09/15/2023
4,953,906.00 4,993,007.24 1,864.64 4,988,476.56 11/24/2011/23/20AaaAA+ 5,000,000.00 91282CAK7 0.21
Account 73340000 Page 5
Page 26
For the Month Ending December 31, 2021Managed Account Detail of Securities Held
CITY OF RANCHO CUCAMONGA - 73340000
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value
Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTradeSettle
Par
U.S. Treasury Bond / Note
US TREASURY NOTES
DTD 09/30/2021 0.250% 09/30/2023
1,985,937.60 1,999,243.90 1,277.47 1,999,140.63 10/06/2110/04/21AaaAA+ 2,000,000.00 91282CDA6 0.27
US TREASURY N/B NOTES
DTD 10/31/2021 0.375% 10/31/2023
5,966,250.00 5,984,494.50 3,853.59 5,983,125.00 11/03/2111/01/21AaaAA+ 6,000,000.00 91282CDD0 0.52
US TREASURY NOTES
DTD 02/28/2019 2.375% 02/29/2024
8,272,500.00 8,379,220.63 64,558.01 8,600,312.50 09/28/2009/24/20AaaAA+ 8,000,000.00 9128286G0 0.18
US TREASURY NOTES
DTD 05/01/2017 2.000% 04/30/2024
3,712,717.79 3,763,338.09 12,382.87 3,836,983.59 11/05/2010/30/20AaaAA+ 3,615,000.00 912828X70 0.23
US TREASURY N/B NOTES
DTD 05/15/2021 0.250% 05/15/2024
1,874,171.78 1,880,267.78 616.71 1,878,921.88 11/03/2111/01/21AaaAA+ 1,900,000.00 91282CCC3 0.69
US TREASURY N/B NOTES
DTD 07/15/2021 0.375% 07/15/2024
4,937,500.00 5,005,709.59 8,661.68 5,006,640.63 08/03/2108/02/21AaaAA+ 5,000,000.00 91282CCL3 0.33
US TREASURY NOTES
DTD 07/31/2019 1.750% 07/31/2024
5,796,689.35 5,889,871.50 41,523.51 5,995,139.06 10/07/2010/06/20AaaAA+ 5,670,000.00 912828Y87 0.24
US TREASURY N/B NOTES
DTD 08/15/2021 0.375% 08/15/2024
3,946,875.20 3,996,667.83 5,665.76 3,996,250.00 09/03/2109/01/21AaaAA+ 4,000,000.00 91282CCT6 0.41
US TREASURY NOTES
DTD 08/31/2019 1.250% 08/31/2024
2,265,345.31 2,304,982.73 9,535.05 2,325,942.78 01/26/2101/25/21AaaAA+ 2,245,000.00 912828YE4 0.24
US TREASURY N/B NOTES
DTD 09/15/2021 0.375% 09/15/2024
1,380,093.68 1,395,325.67 1,566.30 1,394,914.06 10/06/2110/04/21AaaAA+ 1,400,000.00 91282CCX7 0.50
US TREASURY NOTES
DTD 10/02/2017 2.125% 09/30/2024
6,195,000.00 6,313,973.11 32,575.55 6,457,968.75 09/28/2009/24/20AaaAA+ 6,000,000.00 9128282Y5 0.21
US TREASURY NOTES
DTD 10/31/2019 1.500% 10/31/2024
2,539,062.50 2,583,692.29 6,422.65 2,616,796.88 11/18/2011/16/20AaaAA+ 2,500,000.00 912828YM6 0.31
US TREASURY NOTES
DTD 11/30/2019 1.500% 11/30/2024
5,078,125.00 5,173,956.20 6,593.41 5,239,843.75 11/24/2011/23/20AaaAA+ 5,000,000.00 912828YV6 0.30
US TREASURY NOTES
DTD 02/28/2018 2.750% 02/28/2025
6,321,562.80 6,474,577.14 56,063.54 6,663,750.00 09/28/2009/24/20AaaAA+ 6,000,000.00 9128283Z1 0.23
Account 73340000 Page 6
Page 27
For the Month Ending December 31, 2021Managed Account Detail of Securities Held
CITY OF RANCHO CUCAMONGA - 73340000
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value
Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTradeSettle
Par
U.S. Treasury Bond / Note
US TREASURY NOTES
DTD 03/31/2020 0.500% 03/31/2025
2,704,023.30 2,764,392.64 3,513.05 2,769,335.94 11/20/2011/17/20AaaAA+ 2,750,000.00 912828ZF0 0.34
US TREASURY NOTES
DTD 07/31/2020 0.250% 07/31/2025
4,364,297.10 4,483,121.27 4,707.88 4,478,730.47 01/26/2101/25/21AaaAA+ 4,500,000.00 91282CAB7 0.36
US TREASURY NOTES
DTD 07/31/2020 0.250% 07/31/2025
6,788,906.60 6,965,656.91 7,323.37 6,956,250.00 01/08/2101/06/21AaaAA+ 7,000,000.00 91282CAB7 0.39
US TREASURY NOTES
DTD 12/31/2020 0.375% 12/31/2025
3,779,343.75 3,845,932.76 40.40 3,837,082.03 05/07/2105/06/21AaaAA+ 3,900,000.00 91282CBC4 0.73
US TREASURY NOTES
DTD 01/31/2021 0.375% 01/31/2026
4,010,287.50 4,084,104.11 6,504.72 4,076,834.18 07/07/2107/06/21AaaAA+ 4,145,000.00 91282CBH3 0.74
US TREASURY NOTES
DTD 01/31/2021 0.375% 01/31/2026
5,805,000.00 5,920,326.40 9,415.76 5,912,578.13 08/09/2108/06/21AaaAA+ 6,000,000.00 91282CBH3 0.71
US TREASURY NOTES
DTD 02/28/2021 0.500% 02/28/2026
2,574,226.43 2,628,177.85 4,502.07 2,623,810.55 03/03/2103/02/21AaaAA+ 2,650,000.00 91282CBQ3 0.70
US TREASURY N/B NOTES
DTD 03/31/2021 0.750% 03/31/2026
2,942,812.50 2,977,544.43 5,748.63 2,973,632.81 04/06/2104/02/21AaaAA+ 3,000,000.00 91282CBT7 0.93
US TREASURY N/B NOTES
DTD 05/31/2021 0.750% 05/31/2026
5,975,140.32 6,088,201.55 4,021.98 6,086,656.25 06/04/2106/02/21AaaAA+ 6,100,000.00 91282CCF6 0.79
US TREASURY N/B NOTES
DTD 07/31/2021 0.625% 07/31/2026
1,944,375.00 1,987,131.61 5,230.98 1,986,015.63 08/09/2108/06/21AaaAA+ 2,000,000.00 91282CCP4 0.77
US TREASURY N/B NOTES
DTD 07/31/2021 0.625% 07/31/2026
2,916,562.50 2,992,691.31 7,846.47 2,992,031.25 08/03/2108/02/21AaaAA+ 3,000,000.00 91282CCP4 0.68
US TREASURY N/B NOTES
DTD 10/31/2021 1.125% 10/31/2026
397,375.00 397,637.07 770.72 397,578.13 11/18/2111/17/21AaaAA+ 400,000.00 91282CDG3 1.25
US TREASURY N/B NOTES
DTD 11/30/2021 1.250% 11/30/2026
2,893,642.82 2,903,123.95 3,181.32 2,903,255.27 12/03/2112/01/21AaaAA+ 2,895,000.00 91282CDK4 1.19
463,737.92 174,195,961.39 176,318,406.21 0.35 177,911,152.18 174,030,000.00 Security Type Sub-Total
Account 73340000 Page 7
Page 28
For the Month Ending December 31, 2021Managed Account Detail of Securities Held
CITY OF RANCHO CUCAMONGA - 73340000
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value
Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTradeSettle
Par
Supra-National Agency Bond / Note
INTL BK OF RECON AND DEV NOTE
DTD 04/20/2021 0.126% 04/20/2023
1,735,130.28 1,742,654.58 433.63 1,741,387.85 04/20/2104/13/21AaaAAA 1,745,000.00 459058JV6 0.23
INTL BK RECON & DEVELOP NOTES
DTD 11/24/2020 0.250% 11/24/2023
1,396,954.68 1,408,084.20 362.29 1,406,968.50 11/24/2011/17/20AaaAAA 1,410,000.00 459058JM6 0.32
INTER-AMERICAN DEVEL BK NOTES
DTD 09/23/2021 0.500% 09/23/2024
3,706,981.06 3,752,474.83 5,110.97 3,752,221.30 09/23/2109/15/21AaaAAA 3,755,000.00 4581X0DZ8 0.52
INTER-AMERICAN DEVELOPMENT BANK
NOTES
DTD 01/16/2020 1.750% 03/14/2025
1,531,102.50 1,560,728.11 7,802.08 1,576,950.00 02/23/2102/19/21AaaAAA 1,500,000.00 4581X0DK1 0.47
13,708.97 8,370,168.52 8,463,941.72 0.42 8,477,527.65 8,410,000.00 Security Type Sub-Total
Municipal Bond / Note
SAN MATEO-FOSTER SCH DIST, CA TXBL GO
BO
DTD 05/19/2020 1.162% 08/01/2022
502,310.00 500,606.47 2,420.83 502,300.00 05/19/2005/19/20AaaAA+ 500,000.00 799055QR2 0.95
SAN MATEO-FOSTER SCH DIST, CA TXBL GO
BO
DTD 05/19/2020 1.266% 08/01/2023
503,970.00 501,670.78 2,637.50 503,385.00 05/19/2005/19/20AaaAA+ 500,000.00 799055QS0 1.05
5,058.33 1,006,280.00 1,002,277.25 1.00 1,005,685.00 1,000,000.00 Security Type Sub-Total
Federal Agency Bond / Note
FANNIE MAE NOTES
DTD 07/10/2020 0.250% 07/10/2023
4,236,574.26 4,260,652.22 5,058.75 4,261,192.80 09/28/2009/24/20AaaAA+ 4,260,000.00 3135G05G4 0.24
FREDDIE MAC NOTES
DTD 09/04/2020 0.250% 09/08/2023
4,765,233.60 4,801,675.09 3,766.67 4,802,928.00 09/28/2009/24/20AaaAA+ 4,800,000.00 3137EAEW5 0.23
FREDDIE MAC NOTES
DTD 11/05/2020 0.250% 11/06/2023
1,684,970.30 1,699,059.11 649.31 1,698,470.00 11/05/2011/03/20AaaAA+ 1,700,000.00 3137EAEZ8 0.28
FANNIE MAE NOTES
DTD 11/25/2020 0.250% 11/27/2023
4,359,053.60 4,396,822.13 1,038.89 4,394,984.00 11/25/2011/23/20AaaAA+ 4,400,000.00 3135G06H1 0.29
Account 73340000 Page 8
Page 29
For the Month Ending December 31, 2021Managed Account Detail of Securities Held
CITY OF RANCHO CUCAMONGA - 73340000
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value
Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTradeSettle
Par
Federal Agency Bond / Note
FANNIE MAE NOTES
DTD 06/19/2020 0.500% 06/17/2025
2,836,489.16 2,899,794.92 562.92 2,901,803.25 07/21/2007/21/20AaaAA+ 2,895,000.00 3135G04Z3 0.45
FANNIE MAE NOTES
DTD 06/19/2020 0.500% 06/17/2025
4,898,945.00 5,013,047.82 972.22 5,017,800.00 09/28/2009/24/20AaaAA+ 5,000,000.00 3135G04Z3 0.42
FEDERAL FARM CREDIT BANK NOTES
DTD 07/02/2020 0.500% 07/02/2025
2,935,098.00 3,005,028.54 7,458.33 3,007,110.00 07/21/2007/21/20AaaAA+ 3,000,000.00 3133ELR71 0.45
FANNIE MAE NOTES (CALLABLE)
DTD 07/21/2020 0.625% 07/21/2025
2,454,740.00 2,499,289.70 6,944.44 2,499,000.00 07/21/2007/21/20AaaAA+ 2,500,000.00 3136G4ZJ5 0.63
FANNIE MAE NOTES
DTD 08/27/2020 0.375% 08/25/2025
1,945,344.00 1,991,266.82 2,625.00 1,988,500.00 11/05/2010/30/20AaaAA+ 2,000,000.00 3135G05X7 0.50
FREDDIE MAC NOTES
DTD 09/25/2020 0.375% 09/23/2025
2,235,011.20 2,294,834.32 2,347.92 2,293,077.00 09/25/2009/23/20AaaAA+ 2,300,000.00 3137EAEX3 0.44
FANNIE MAE NOTES
DTD 11/12/2020 0.500% 11/07/2025
1,353,411.03 1,388,238.95 1,042.50 1,387,720.40 11/13/2011/12/20AaaAA+ 1,390,000.00 3135G06G3 0.53
FANNIE MAE NOTES
DTD 11/12/2020 0.500% 11/07/2025
4,381,546.50 4,495,674.15 3,375.00 4,494,465.00 12/04/2012/02/20AaaAA+ 4,500,000.00 3135G06G3 0.53
35,841.95 38,086,416.65 38,745,383.77 0.39 38,747,050.45 38,745,000.00 Security Type Sub-Total
Corporate Note
APPLE INC GLOBAL NOTES
DTD 05/03/2013 2.400% 05/03/2023
3,467,444.55 3,376,162.99 13,108.00 3,348,574.20 05/06/1905/06/19AaaAA+ 3,390,000.00 037833AK6 2.73
APPLE INC CORPORATE NOTES
DTD 05/11/2020 0.750% 05/11/2023
1,442,386.08 1,442,141.65 1,500.00 1,444,737.60 05/11/2005/11/20AaaAA+ 1,440,000.00 037833DV9 0.64
APPLE INC (CALLABLE) BONDS
DTD 02/09/2017 3.000% 02/09/2024
3,122,436.00 3,007,679.90 35,500.00 3,019,140.00 02/11/1902/11/19AaaAA+ 3,000,000.00 037833CG3 2.86
CHARLES SCHWAB CORP NOTES
(CALLABLE)
DTD 03/18/2021 0.750% 03/18/2024
656,978.52 659,757.02 1,416.25 659,670.00 03/18/2103/16/21A2A 660,000.00 808513BN4 0.77
Account 73340000 Page 9
Page 30
For the Month Ending December 31, 2021Managed Account Detail of Securities Held
CITY OF RANCHO CUCAMONGA - 73340000
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value
Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTradeSettle
Par
Corporate Note
AMAZON.COM INC CORPORATE NOTES
DTD 05/12/2021 0.450% 05/12/2024
1,439,852.00 1,453,329.25 891.19 1,452,875.70 05/12/2105/10/21A1AA 1,455,000.00 023135BW5 0.50
AMERICAN EXPRESS CO CORP NOTES
(CALLABLE
DTD 07/30/2019 2.500% 07/30/2024
1,779,761.85 1,784,219.79 18,088.54 1,786,755.00 11/23/2111/19/21A3BBB+ 1,725,000.00 025816CG2 1.14
UNILEVER CAPITAL CORP (CALLABLE)
CORPORA
DTD 08/12/2021 0.626% 08/12/2024
437,147.92 440,000.00 1,063.50 440,000.00 08/12/2108/09/21A1A+ 440,000.00 904764BN6 0.63
BMW US CAPITAL LLC CORPORATE NOTES
DTD 08/12/2021 0.750% 08/12/2024
508,899.83 514,959.66 1,491.35 514,953.65 08/12/2108/09/21A2A 515,000.00 05565EBU8 0.75
US BANK NA CINCINNATI (CALLABLE)
CORPORA
DTD 01/21/2020 2.050% 01/21/2025
2,554,470.00 2,601,094.16 22,777.78 2,640,450.00 11/05/2010/30/20A1AA- 2,500,000.00 90331HPL1 0.69
NOVARTIS CAPITAL CORP
DTD 02/14/2020 1.750% 02/14/2025
3,038,202.00 3,102,312.14 19,979.17 3,144,750.00 09/28/2009/24/20A1AA- 3,000,000.00 66989HAP3 0.63
JPMORGAN CHASE & CO CORP NOTES
(CALLABLE
DTD 02/16/2021 0.563% 02/16/2025
600,901.85 610,000.00 1,287.86 610,000.00 02/16/2102/09/21A2A- 610,000.00 46647PBY1 0.56
LOCKHEED MARTIN CORP NOTES
(CALLABLE)
DTD 02/20/2015 2.900% 03/01/2025
1,673,953.60 1,689,750.67 15,466.67 1,714,864.00 03/09/2103/05/21A3A- 1,600,000.00 539830BE8 1.05
GENERAL DYNAMICS CORP (CALLABLE)
CORP NO
DTD 05/11/2018 3.500% 05/15/2025
1,710,262.40 1,725,343.57 7,155.56 1,757,296.00 03/09/2103/05/21A3A- 1,600,000.00 369550BG2 1.09
CITIGROUP INC CORP NOTE (CALLABLE)
DTD 11/03/2021 1.281% 11/03/2025
1,493,379.00 1,501,461.83 3,095.75 1,501,545.00 11/03/2111/01/21A3BBB+ 1,500,000.00 172967ND9 1.25
BANK OF NY MELLON CORP (CALLABLE)
CORPOR
DTD 01/28/2021 0.750% 01/28/2026
1,638,357.52 1,684,188.09 5,370.94 1,684,005.85 02/01/2101/28/21A1A 1,685,000.00 06406RAQ0 0.76
Account 73340000 Page 10
Page 31
For the Month Ending December 31, 2021Managed Account Detail of Securities Held
CITY OF RANCHO CUCAMONGA - 73340000
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value
Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTradeSettle
Par
Corporate Note
GOLDMAN SACHS GROUP INC CORPORATE
NOTES
DTD 02/12/2021 0.855% 02/12/2026
1,857,533.10 1,903,199.14 6,272.38 1,903,876.00 02/17/2102/12/21A2BBB+ 1,900,000.00 38141GXS8 0.81
IBM CORP
DTD 05/15/2019 3.300% 05/15/2026
1,790,238.33 1,832,976.38 7,062.92 1,844,861.75 09/03/2109/01/21A3A- 1,675,000.00 459200JZ5 1.08
ASTRAZENECA FINANCE LLC (CALLABLE)
CORP
DTD 05/28/2021 1.200% 05/28/2026
1,653,657.15 1,683,452.48 1,842.50 1,684,095.25 09/03/2109/01/21A3A- 1,675,000.00 04636NAA1 1.08
TOYOTA MOTOR CREDIT CORP CORPORATE
NOTES
DTD 06/18/2021 1.125% 06/18/2026
1,086,143.18 1,102,702.07 448.91 1,102,546.90 09/13/2109/08/21A1A+ 1,105,000.00 89236TJK2 1.17
MORGAN STANLEY CORP NOTES
DTD 07/25/2016 3.125% 07/27/2026
1,058,981.00 1,060,190.94 13,368.06 1,062,320.00 11/03/2111/01/21A1BBB+ 1,000,000.00 61761J3R8 1.75
AMERICAN HONDA FINANCE CORPORATE
NOTES
DTD 09/09/2021 1.300% 09/09/2026
1,971,948.00 1,971,227.39 8,088.89 1,970,740.00 12/03/2112/01/21A3A- 2,000,000.00 02665WDZ1 1.62
CATERPILLAR FINL SERVICE CORPORATE
NOTES
DTD 09/14/2021 1.150% 09/14/2026
1,964,774.00 1,968,177.48 6,836.11 1,967,640.00 12/03/2112/01/21A2A 2,000,000.00 14913R2Q9 1.50
JPMORGAN CHASE & CO CORP NOTES
DTD 07/21/2016 2.950% 10/01/2026
1,055,981.00 1,055,544.20 7,375.00 1,057,540.00 11/03/2111/01/21A2A- 1,000,000.00 46625HRV4 1.72
199,487.33 38,003,688.88 38,169,870.80 1.32 38,313,236.90 37,475,000.00 Security Type Sub-Total
Certificate of Deposit - FDIC Insured
WELLS FARGO BANK NA
DTD 01/29/2020 1.900% 01/30/2023
249,022.17 245,000.00 38.26 245,000.00 01/29/2001/29/20NRNR 245,000.00 949763S64 1.90
MORGAN STANLEY PVT BANK
DTD 01/30/2020 1.850% 01/30/2023
248,867.08 245,000.00 1,924.76 245,000.00 01/30/2001/30/20NRNR 245,000.00 61760A6Q7 1.85
ENERBANK USA
DTD 07/24/2020 0.450% 07/24/2024
242,636.24 245,000.00 24.16 245,000.00 07/24/2007/24/20NRNR 245,000.00 29278TQD5 0.45
Account 73340000 Page 11
Page 32
For the Month Ending December 31, 2021Managed Account Detail of Securities Held
CITY OF RANCHO CUCAMONGA - 73340000
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value
Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTradeSettle
Par
Certificate of Deposit - FDIC Insured
CHIPPEWA VALLEY BANK
DTD 07/29/2020 0.500% 07/29/2025
240,204.37 245,000.00 10.07 245,000.00 07/29/2007/29/20NRNR 245,000.00 169894AT9 0.50
MEDALLION BANK UTAH
DTD 07/30/2020 0.550% 07/30/2025
240,625.04 245,000.00 7.38 245,000.00 07/30/2007/30/20NRNR 245,000.00 58404DHQ7 0.55
2,004.63 1,221,354.90 1,225,000.00 1.06 1,225,000.00 1,225,000.00 Security Type Sub-Total
Asset-Backed Security
MBALT 2021-A A3
DTD 01/27/2021 0.250% 01/16/2024
179,444.52 179,987.49 20.00 179,981.80 01/27/2101/20/21AaaAAA 180,000.00 58770GAC4 0.25
HALST 2021-A A4
DTD 01/20/2021 0.420% 12/16/2024
278,531.93 279,982.35 52.27 279,976.70 01/20/2101/12/21AaaAAA 280,000.00 44891TAD8 0.42
GMALT 2021-1 A4
DTD 02/24/2021 0.330% 02/20/2025
511,756.12 514,938.84 51.93 514,922.24 02/24/2102/17/21AaaNR 515,000.00 36261RAD0 0.33
HAROT 2021-1 A3
DTD 02/24/2021 0.270% 04/21/2025
526,439.25 529,992.29 39.75 529,990.30 02/24/2102/17/21AaaNR 530,000.00 43813GAC5 0.27
HART 2021-A A3
DTD 04/28/2021 0.380% 09/15/2025
534,704.98 539,951.99 91.20 539,943.19 04/28/2104/20/21NRAAA 540,000.00 44933LAC7 0.38
GMCAR 2021-1 A3
DTD 01/20/2021 0.350% 10/16/2025
372,612.38 374,952.24 54.69 374,940.30 01/20/2101/12/21AaaAAA 375,000.00 36261LAC5 0.35
KCOT 2021-2A A3
DTD 07/28/2021 0.560% 11/17/2025
911,311.03 924,968.61 230.22 924,965.13 07/28/2107/20/21AaaNR 925,000.00 50117XAE2 0.56
CARMX 2021-1 A3
DTD 01/27/2021 0.340% 12/15/2025
118,975.82 119,980.80 18.13 119,976.29 01/27/2101/20/21NRAAA 120,000.00 14316NAC3 0.34
HAROT 2021-4 A3
DTD 11/24/2021 0.880% 01/21/2026
743,416.35 744,846.88 182.11 744,842.95 11/24/2111/16/21AaaNR 745,000.00 43815GAC3 0.89
CARMX 2021-2 A3
DTD 04/21/2021 0.520% 02/17/2026
803,110.46 809,850.70 187.20 809,825.45 04/21/2104/13/21NRAAA 810,000.00 14314QAC8 0.52
Account 73340000 Page 12
Page 33
For the Month Ending December 31, 2021Managed Account Detail of Securities Held
CITY OF RANCHO CUCAMONGA - 73340000
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value
Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTradeSettle
Par
Asset-Backed Security
CARMX 2021-3 A3
DTD 07/28/2021 0.550% 06/15/2026
1,518,204.01 1,529,770.48 374.00 1,529,748.32 07/28/2107/21/21AaaAAA 1,530,000.00 14317DAC4 0.55
VALET 2021-1 A3
DTD 12/13/2021 1.020% 06/22/2026
1,025,066.63 1,024,960.28 319.46 1,024,959.82 12/13/2112/07/21AaaAAA 1,025,000.00 92868KAC7 1.02
COMET 2021-A3 A3
DTD 11/30/2021 1.040% 11/16/2026
1,857,227.80 1,864,747.54 1,670.21 1,864,743.00 11/30/2111/18/21NRAAA 1,865,000.00 14041NFY2 1.04
3,291.17 9,380,801.28 9,438,930.49 0.67 9,438,815.49 9,440,000.00 Security Type Sub-Total
270,325,000.00 275,118,467.67 0.51 723,130.30 273,363,810.24 270,264,671.62 Managed Account Sub-Total
$270,325,000.00 $275,118,467.67 $723,130.30 $273,363,810.24 $270,264,671.62 0.51%
$270,987,801.92
$723,130.30
Total Investments
Accrued Interest
Securities Sub-Total
Account 73340000 Page 13
Page 34
For the Month Ending December 31, 2021Managed Account Fair Market Value & Analytics
CITY OF RANCHO CUCAMONGA - 73340000
Value On Cost Amort CostCUSIPBrokerDatePriceDated Date/Coupon/Maturity Par at Mkt
Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective
Duration
U.S. Treasury Bond / Note
(5,040.47)(54,140.62) 3,175,593.75 100.81 CITIGRP 3,150,000.00 912828YK0US TREASURY NOTES
DTD 10/15/2019 1.375% 10/15/2022
0.34 0.79
(5,632.05)(49,765.62) 2,627,625.00 101.06 CITIGRP 2,600,000.00 912828TY6US TREASURY NOTES
DTD 11/15/2012 1.625% 11/15/2022
0.40 0.87
(20,252.05)(173,250.42) 8,522,062.08 101.45 CITIGRP 8,400,000.00 912828M80US TREASURY NOTES
DTD 11/30/2015 2.000% 11/30/2022
0.41 0.91
(13,731.21)(121,484.13) 5,083,594.00 101.67 NOMURA 5,000,000.00 912828N30US TREASURY NOTES
DTD 12/31/2015 2.125% 12/31/2022
0.45 1.00
(7,155.04)(65,531.25) 2,449,500.00 102.06 CITIGRP 2,400,000.00 9128283U2US TREASURY NOTES
DTD 01/31/2018 2.375% 01/31/2023
0.47 1.07
(6,287.64)(55,572.65) 1,854,684.38 102.47 CITIGRP 1,810,000.00 9128284A5US TREASURY NOTES
DTD 02/28/2018 2.625% 02/28/2023
0.49 1.14
(28,933.14)(118,124.65) 7,082,031.60 101.17 BNP_PAR 7,000,000.00 912828P79US TREASURY NOTES
DTD 02/29/2016 1.500% 02/28/2023
0.49 1.15
(19,412.04)(38,867.44) 5,000,781.00 100.02 WELLS_F 5,000,000.00 912828ZD5US TREASURY NOTES
DTD 03/15/2020 0.500% 03/15/2023
0.49 1.20
(24,668.87)(183,788.81) 5,146,094.00 102.92 CITIGRP 5,000,000.00 9128284L1US TREASURY NOTES
DTD 04/30/2018 2.750% 04/30/2023
0.54 1.31
(19,734.31)(78,476.39) 3,551,953.30 101.48 NOMURA 3,500,000.00 912828R69US TREASURY NOTES
DTD 05/31/2016 1.625% 05/31/2023
0.57 1.40
(40,255.68)(48,750.00) 6,469,531.25 99.53 WELLS_F 6,500,000.00 912828ZU7US TREASURY NOTES
DTD 06/15/2020 0.250% 06/15/2023
0.57 1.45
(39,948.72)(37,969.05) 5,952,187.20 99.20 MERRILL 6,000,000.00 91282CCN9US TREASURY N/B NOTES
DTD 07/31/2021 0.125% 07/31/2023
0.63 1.58
(36,753.37)(33,202.88) 4,958,594.00 99.17 HSBC 5,000,000.00 91282CAF8US TREASURY NOTES
DTD 08/15/2020 0.125% 08/15/2023
0.64 1.62
(39,101.24)(34,570.56) 4,953,906.00 99.08 NOMURA 5,000,000.00 91282CAK7US TREASURY NOTES
DTD 09/15/2020 0.125% 09/15/2023
0.67 1.70
(13,306.30)(13,203.03) 1,985,937.60 99.30 NOMURA 2,000,000.00 91282CDA6US TREASURY NOTES
DTD 09/30/2021 0.250% 09/30/2023
0.66 1.74
(18,244.50)(16,875.00) 5,966,250.00 99.44 CITIGRP 6,000,000.00 91282CDD0US TREASURY N/B NOTES
DTD 10/31/2021 0.375% 10/31/2023
0.68 1.83
(106,720.63)(327,812.50) 8,272,500.00 103.41 RBS 8,000,000.00 9128286G0US TREASURY NOTES
DTD 02/28/2019 2.375% 02/29/2024
0.78 2.11
Account 73340000 Page 14
Page 35
For the Month Ending December 31, 2021Managed Account Fair Market Value & Analytics
CITY OF RANCHO CUCAMONGA - 73340000
Value On Cost Amort CostCUSIPBrokerDatePriceDated Date/Coupon/Maturity Par at Mkt
Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective
Duration
U.S. Treasury Bond / Note
(50,620.30)(124,265.80) 3,712,717.79 102.70 MORGAN_ 3,615,000.00 912828X70US TREASURY NOTES
DTD 05/01/2017 2.000% 04/30/2024
0.83 2.28
(6,096.00)(4,750.10) 1,874,171.78 98.64 CITIGRP 1,900,000.00 91282CCC3US TREASURY N/B NOTES
DTD 05/15/2021 0.250% 05/15/2024
0.83 2.37
(68,209.59)(69,140.63) 4,937,500.00 98.75 NOMURA 5,000,000.00 91282CCL3US TREASURY N/B NOTES
DTD 07/15/2021 0.375% 07/15/2024
0.87 2.53
(93,182.15)(198,449.71) 5,796,689.35 102.23 WELLS_F 5,670,000.00 912828Y87US TREASURY NOTES
DTD 07/31/2019 1.750% 07/31/2024
0.87 2.52
(49,792.63)(49,374.80) 3,946,875.20 98.67 NOMURA 4,000,000.00 91282CCT6US TREASURY N/B NOTES
DTD 08/15/2021 0.375% 08/15/2024
0.89 2.61
(39,637.42)(60,597.47) 2,265,345.31 100.91 BNP_PAR 2,245,000.00 912828YE4US TREASURY NOTES
DTD 08/31/2019 1.250% 08/31/2024
0.90 2.62
(15,231.99)(14,820.38) 1,380,093.68 98.58 MERRILL 1,400,000.00 91282CCX7US TREASURY N/B NOTES
DTD 09/15/2021 0.375% 09/15/2024
0.91 2.69
(118,973.11)(262,968.75) 6,195,000.00 103.25 CITIGRP 6,000,000.00 9128282Y5US TREASURY NOTES
DTD 10/02/2017 2.125% 09/30/2024
0.92 2.67
(44,629.79)(77,734.38) 2,539,062.50 101.56 CITIGRP 2,500,000.00 912828YM6US TREASURY NOTES
DTD 10/31/2019 1.500% 10/31/2024
0.94 2.78
(95,831.20)(161,718.75) 5,078,125.00 101.56 NOMURA 5,000,000.00 912828YV6US TREASURY NOTES
DTD 11/30/2019 1.500% 11/30/2024
0.96 2.86
(153,014.34)(342,187.20) 6,321,562.80 105.36 MERRILL 6,000,000.00 9128283Z1US TREASURY NOTES
DTD 02/28/2018 2.750% 02/28/2025
1.02 3.03
(60,369.34)(65,312.64) 2,704,023.30 98.33 MORGAN_ 2,750,000.00 912828ZF0US TREASURY NOTES
DTD 03/31/2020 0.500% 03/31/2025
1.02 3.22
(118,824.17)(114,433.37) 4,364,297.10 96.98 BNP_PAR 4,500,000.00 91282CAB7US TREASURY NOTES
DTD 07/31/2020 0.250% 07/31/2025
1.11 3.57
(176,750.31)(167,343.40) 6,788,906.60 96.98 JPM_CHA 7,000,000.00 91282CAB7US TREASURY NOTES
DTD 07/31/2020 0.250% 07/31/2025
1.11 3.57
(66,589.01)(57,738.28) 3,779,343.75 96.91 HSBC 3,900,000.00 91282CBC4US TREASURY NOTES
DTD 12/31/2020 0.375% 12/31/2025
1.17 3.97
(73,816.61)(66,546.68) 4,010,287.50 96.75 CITIGRP 4,145,000.00 91282CBH3US TREASURY NOTES
DTD 01/31/2021 0.375% 01/31/2026
1.19 4.05
(115,326.40)(107,578.13) 5,805,000.00 96.75 RBS 6,000,000.00 91282CBH3US TREASURY NOTES
DTD 01/31/2021 0.375% 01/31/2026
1.19 4.05
Account 73340000 Page 15
Page 36
For the Month Ending December 31, 2021Managed Account Fair Market Value & Analytics
CITY OF RANCHO CUCAMONGA - 73340000
Value On Cost Amort CostCUSIPBrokerDatePriceDated Date/Coupon/Maturity Par at Mkt
Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective
Duration
U.S. Treasury Bond / Note
(53,951.42)(49,584.12) 2,574,226.43 97.14 CITIGRP 2,650,000.00 91282CBQ3US TREASURY NOTES
DTD 02/28/2021 0.500% 02/28/2026
1.21 4.12
(34,731.93)(30,820.31) 2,942,812.50 98.09 NOMURA 3,000,000.00 91282CBT7US TREASURY N/B NOTES
DTD 03/31/2021 0.750% 03/31/2026
1.21 4.18
(113,061.23)(111,515.93) 5,975,140.32 97.95 RBC 6,100,000.00 91282CCF6US TREASURY N/B NOTES
DTD 05/31/2021 0.750% 05/31/2026
1.23 4.35
(42,756.61)(41,640.63) 1,944,375.00 97.22 CITIGRP 2,000,000.00 91282CCP4US TREASURY N/B NOTES
DTD 07/31/2021 0.625% 07/31/2026
1.25 4.51
(76,128.81)(75,468.75) 2,916,562.50 97.22 CITIGRP 3,000,000.00 91282CCP4US TREASURY N/B NOTES
DTD 07/31/2021 0.625% 07/31/2026
1.25 4.51
(262.07)(203.13) 397,375.00 99.34 CITIGRP 400,000.00 91282CDG3US TREASURY N/B NOTES
DTD 10/31/2021 1.125% 10/31/2026
1.27 4.71
(9,481.13)(9,612.45) 2,893,642.82 99.95 NOMURA 2,895,000.00 91282CDK4US TREASURY N/B NOTES
DTD 11/30/2021 1.250% 11/30/2026
1.26 4.78
(3,715,190.79) 0.82 (2,122,444.82) 174,195,961.39 174,030,000.00 Security Type Sub-Total 2.42
Supra-National Agency Bond / Note
(7,524.30)(6,257.57) 1,735,130.28 99.43 TD 1,745,000.00 459058JV6INTL BK OF RECON AND DEV NOTE
DTD 04/20/2021 0.126% 04/20/2023
0.56 1.30
(11,129.52)(10,013.82) 1,396,954.68 99.07 TD 1,410,000.00 459058JM6INTL BK RECON & DEVELOP NOTES
DTD 11/24/2020 0.250% 11/24/2023
0.74 1.90
(45,493.77)(45,240.24) 3,706,981.06 98.72 JPM_CHA 3,755,000.00 4581X0DZ8INTER-AMERICAN DEVEL BK NOTES
DTD 09/23/2021 0.500% 09/23/2024
0.98 2.71
(29,625.61)(45,847.50) 1,531,102.50 102.07 MORGAN_ 1,500,000.00 4581X0DK1INTER-AMERICAN DEVELOPMENT BANK
NOTES
DTD 01/16/2020 1.750% 03/14/2025
1.09 3.12
(107,359.13) 0.87 (93,773.20) 8,370,168.52 8,410,000.00 Security Type Sub-Total 2.36
Municipal Bond / Note
1,703.53 10.00 502,310.00 100.46 NEW ACC 500,000.00 799055QR2SAN MATEO-FOSTER SCH DIST, CA TXBL
GO BO
DTD 05/19/2020 1.162% 08/01/2022
0.37 0.58
Account 73340000 Page 16
Page 37
For the Month Ending December 31, 2021Managed Account Fair Market Value & Analytics
CITY OF RANCHO CUCAMONGA - 73340000
Value On Cost Amort CostCUSIPBrokerDatePriceDated Date/Coupon/Maturity Par at Mkt
Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective
Duration
Municipal Bond / Note
2,299.22 585.00 503,970.00 100.79 NEW ACC 500,000.00 799055QS0SAN MATEO-FOSTER SCH DIST, CA TXBL
GO BO
DTD 05/19/2020 1.266% 08/01/2023
0.76 1.57
595.00 0.57 4,002.75 1,006,280.00 1,000,000.00 Security Type Sub-Total 1.08
Federal Agency Bond / Note
(24,077.96)(24,618.54) 4,236,574.26 99.45 MORGAN_ 4,260,000.00 3135G05G4FANNIE MAE NOTES
DTD 07/10/2020 0.250% 07/10/2023
0.61 1.52
(36,441.49)(37,694.40) 4,765,233.60 99.28 KEYBANC 4,800,000.00 3137EAEW5FREDDIE MAC NOTES
DTD 09/04/2020 0.250% 09/08/2023
0.68 1.68
(14,088.81)(13,499.70) 1,684,970.30 99.12 CITIGRP 1,700,000.00 3137EAEZ8FREDDIE MAC NOTES
DTD 11/05/2020 0.250% 11/06/2023
0.73 1.85
(37,768.53)(35,930.40) 4,359,053.60 99.07 NOMURA 4,400,000.00 3135G06H1FANNIE MAE NOTES
DTD 11/25/2020 0.250% 11/27/2023
0.74 1.91
(63,305.76)(65,314.09) 2,836,489.16 97.98 NEW ACC 2,895,000.00 3135G04Z3FANNIE MAE NOTES
DTD 06/19/2020 0.500% 06/17/2025
1.10 3.44
(114,102.82)(118,855.00) 4,898,945.00 97.98 HSBC 5,000,000.00 3135G04Z3FANNIE MAE NOTES
DTD 06/19/2020 0.500% 06/17/2025
1.10 3.44
(69,930.54)(72,012.00) 2,935,098.00 97.84 NEW ACC 3,000,000.00 3133ELR71FEDERAL FARM CREDIT BANK NOTES
DTD 07/02/2020 0.500% 07/02/2025
1.13 3.47
(44,549.70)(44,260.00) 2,454,740.00 98.19 07/21/22NEW ACC 2,500,000.00 3136G4ZJ5FANNIE MAE NOTES (CALLABLE)
DTD 07/21/2020 0.625% 07/21/2025
1.15 0.56
(45,922.82)(43,156.00) 1,945,344.00 97.27 NOMURA 2,000,000.00 3135G05X7FANNIE MAE NOTES
DTD 08/27/2020 0.375% 08/25/2025
1.14 3.63
(59,823.12)(58,065.80) 2,235,011.20 97.17 CITIGRP 2,300,000.00 3137EAEX3FREDDIE MAC NOTES
DTD 09/25/2020 0.375% 09/23/2025
1.15 3.70
(34,827.92)(34,309.37) 1,353,411.03 97.37 BMO 1,390,000.00 3135G06G3FANNIE MAE NOTES
DTD 11/12/2020 0.500% 11/07/2025
1.20 3.82
(114,127.65)(112,918.50) 4,381,546.50 97.37 JEFFERI 4,500,000.00 3135G06G3FANNIE MAE NOTES
DTD 11/12/2020 0.500% 11/07/2025
1.20 3.82
(660,633.80) 0.96 (658,967.12) 38,086,416.65 38,745,000.00 Security Type Sub-Total 2.66
Account 73340000 Page 17
Page 38
For the Month Ending December 31, 2021Managed Account Fair Market Value & Analytics
CITY OF RANCHO CUCAMONGA - 73340000
Value On Cost Amort CostCUSIPBrokerDatePriceDated Date/Coupon/Maturity Par at Mkt
Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective
Duration
Corporate Note
91,281.56 118,870.35 3,467,444.55 102.28 NEW ACC 3,390,000.00 037833AK6APPLE INC GLOBAL NOTES
DTD 05/03/2013 2.400% 05/03/2023
0.69 1.32
244.43 (2,351.52) 1,442,386.08 100.17 NEW ACC 1,440,000.00 037833DV9APPLE INC CORPORATE NOTES
DTD 05/11/2020 0.750% 05/11/2023
0.63 1.36
114,756.10 103,296.00 3,122,436.00 104.08 12/09/23NEW ACC 3,000,000.00 037833CG3APPLE INC (CALLABLE) BONDS
DTD 02/09/2017 3.000% 02/09/2024
1.04 1.88
(2,778.50)(2,691.48) 656,978.52 99.54 02/18/24CSFB 660,000.00 808513BN4CHARLES SCHWAB CORP NOTES
(CALLABLE)
DTD 03/18/2021 0.750% 03/18/2024
0.96 2.12
(13,477.25)(13,023.70) 1,439,852.00 98.96 JPM_CHA 1,455,000.00 023135BW5AMAZON.COM INC CORPORATE NOTES
DTD 05/12/2021 0.450% 05/12/2024
0.90 2.36
(4,457.94)(6,993.15) 1,779,761.85 103.17 06/30/24MORGAN_ 1,725,000.00 025816CG2AMERICAN EXPRESS CO CORP NOTES
(CALLABLE
DTD 07/30/2019 2.500% 07/30/2024
1.25 2.42
(2,852.08)(2,852.08) 437,147.92 99.35 08/12/22DEUTSCH 440,000.00 904764BN6UNILEVER CAPITAL CORP (CALLABLE)
CORPORA
DTD 08/12/2021 0.626% 08/12/2024
0.88 0.62
(6,059.83)(6,053.82) 508,899.83 98.82 GOLDMAN 515,000.00 05565EBU8BMW US CAPITAL LLC CORPORATE NOTES
DTD 08/12/2021 0.750% 08/12/2024
1.21 2.59
(46,624.16)(85,980.00) 2,554,470.00 102.18 12/20/24US_BANC 2,500,000.00 90331HPL1US BANK NA CINCINNATI (CALLABLE)
CORPORA
DTD 01/21/2020 2.050% 01/21/2025
1.32 2.87
(64,110.14)(106,548.00) 3,038,202.00 101.27 01/14/25US_BANC 3,000,000.00 66989HAP3NOVARTIS CAPITAL CORP
DTD 02/14/2020 1.750% 02/14/2025
1.33 2.95
(9,098.15)(9,098.15) 600,901.85 98.51 02/16/24JPM_CHA 610,000.00 46647PBY1JPMORGAN CHASE & CO CORP NOTES
(CALLABLE
DTD 02/16/2021 0.563% 02/16/2025
1.05 2.11
(15,797.07)(40,910.40) 1,673,953.60 104.62 12/01/24MERRILL 1,600,000.00 539830BE8LOCKHEED MARTIN CORP NOTES
(CALLABLE)
DTD 02/20/2015 2.900% 03/01/2025
1.40 2.80
(15,081.17)(47,033.60) 1,710,262.40 106.89 03/15/25SUSQ 1,600,000.00 369550BG2GENERAL DYNAMICS CORP (CALLABLE)
CORP NO
DTD 05/11/2018 3.500% 05/15/2025
1.40 3.06
Account 73340000 Page 18
Page 39
For the Month Ending December 31, 2021Managed Account Fair Market Value & Analytics
CITY OF RANCHO CUCAMONGA - 73340000
Value On Cost Amort CostCUSIPBrokerDatePriceDated Date/Coupon/Maturity Par at Mkt
Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective
Duration
Corporate Note
(8,082.83)(8,166.00) 1,493,379.00 99.56 11/03/24MORGAN_ 1,500,000.00 172967ND9CITIGROUP INC CORP NOTE (CALLABLE)
DTD 11/03/2021 1.281% 11/03/2025
1.40 2.79
(45,830.57)(45,648.33) 1,638,357.52 97.23 12/28/25MITSU 1,685,000.00 06406RAQ0BANK OF NY MELLON CORP (CALLABLE)
CORPOR
DTD 01/28/2021 0.750% 01/28/2026
1.45 3.93
(45,666.04)(46,342.90) 1,857,533.10 97.76 MERRILL 1,900,000.00 38141GXS8GOLDMAN SACHS GROUP INC CORPORATE
NOTES
DTD 02/12/2021 0.855% 02/12/2026
1.42 4.04
(42,738.05)(54,623.42) 1,790,238.33 106.88 MORGAN_ 1,675,000.00 459200JZ5IBM CORP
DTD 05/15/2019 3.300% 05/15/2026
1.66 4.10
(29,795.33)(30,438.10) 1,653,657.15 98.73 04/28/26MORGAN_ 1,675,000.00 04636NAA1ASTRAZENECA FINANCE LLC (CALLABLE)
CORP
DTD 05/28/2021 1.200% 05/28/2026
1.50 4.22
(16,558.89)(16,403.72) 1,086,143.18 98.29 JPM_CHA 1,105,000.00 89236TJK2TOYOTA MOTOR CREDIT CORP
CORPORATE NOTES
DTD 06/18/2021 1.125% 06/18/2026
1.52 4.37
(1,209.94)(3,339.00) 1,058,981.00 105.90 SUSQ 1,000,000.00 61761J3R8MORGAN STANLEY CORP NOTES
DTD 07/25/2016 3.125% 07/27/2026
1.78 4.25
720.61 1,208.00 1,971,948.00 98.60 RBC 2,000,000.00 02665WDZ1AMERICAN HONDA FINANCE CORPORATE
NOTES
DTD 09/09/2021 1.300% 09/09/2026
1.61 4.55
(3,403.48)(2,866.00) 1,964,774.00 98.24 LOOP 2,000,000.00 14913R2Q9CATERPILLAR FINL SERVICE CORPORATE
NOTES
DTD 09/14/2021 1.150% 09/14/2026
1.54 4.58
436.80 (1,559.00) 1,055,981.00 105.60 07/01/26SUSQ 1,000,000.00 46625HRV4JPMORGAN CHASE & CO CORP NOTES
DTD 07/21/2016 2.950% 10/01/2026
1.72 4.23
(309,548.02) 1.28 (166,181.92) 38,003,688.88 37,475,000.00 Security Type Sub-Total 3.02
Certificate of Deposit - FDIC Insured
4,022.17 4,022.17 249,022.17 101.64 NEW ACC 245,000.00 949763S64WELLS FARGO BANK NA
DTD 01/29/2020 1.900% 01/30/2023
0.38 1.07
3,867.08 3,867.08 248,867.08 101.58 NEW ACC 245,000.00 61760A6Q7MORGAN STANLEY PVT BANK
DTD 01/30/2020 1.850% 01/30/2023
0.39 1.07
Account 73340000 Page 19
Page 40
For the Month Ending December 31, 2021Managed Account Fair Market Value & Analytics
CITY OF RANCHO CUCAMONGA - 73340000
Value On Cost Amort CostCUSIPBrokerDatePriceDated Date/Coupon/Maturity Par at Mkt
Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective
Duration
Certificate of Deposit - FDIC Insured
(2,363.76)(2,363.76) 242,636.24 99.04 NEW ACC 245,000.00 29278TQD5ENERBANK USA
DTD 07/24/2020 0.450% 07/24/2024
0.83 2.55
(4,795.63)(4,795.63) 240,204.37 98.04 NEW ACC 245,000.00 169894AT9CHIPPEWA VALLEY BANK
DTD 07/29/2020 0.500% 07/29/2025
1.06 3.55
(4,374.96)(4,374.96) 240,625.04 98.21 NEW ACC 245,000.00 58404DHQ7MEDALLION BANK UTAH
DTD 07/30/2020 0.550% 07/30/2025
1.06 3.55
(3,645.10) 0.74 (3,645.10) 1,221,354.90 1,225,000.00 Security Type Sub-Total 2.34
Asset-Backed Security
(542.97)(537.28) 179,444.52 99.69 MITSU 180,000.00 58770GAC4MBALT 2021-A A3
DTD 01/27/2021 0.250% 01/16/2024
0.40 0.96
(1,450.42)(1,444.77) 278,531.93 99.48 SOCGEN 280,000.00 44891TAD8HALST 2021-A A4
DTD 01/20/2021 0.420% 12/16/2024
0.60 1.36
(3,182.72)(3,166.12) 511,756.12 99.37 RBC 515,000.00 36261RAD0GMALT 2021-1 A4
DTD 02/24/2021 0.330% 02/20/2025
0.53 1.48
(3,553.04)(3,551.05) 526,439.25 99.33 JPM_CHA 530,000.00 43813GAC5HAROT 2021-1 A3
DTD 02/24/2021 0.270% 04/21/2025
0.47 1.16
(5,247.01)(5,238.21) 534,704.98 99.02 BARCLAY 540,000.00 44933LAC7HART 2021-A A3
DTD 04/28/2021 0.380% 09/15/2025
0.65 1.53
(2,339.86)(2,327.92) 372,612.38 99.36 DEUTSCH 375,000.00 36261LAC5GMCAR 2021-1 A3
DTD 01/20/2021 0.350% 10/16/2025
0.52 1.17
(13,657.58)(13,654.10) 911,311.03 98.52 MITSU 925,000.00 50117XAE2KCOT 2021-2A A3
DTD 07/28/2021 0.560% 11/17/2025
0.95 2.36
(1,004.98)(1,000.47) 118,975.82 99.15 MITSU 120,000.00 14316NAC3CARMX 2021-1 A3
DTD 01/27/2021 0.340% 12/15/2025
0.56 1.20
(1,430.53)(1,426.60) 743,416.35 99.79 MERRILL 745,000.00 43815GAC3HAROT 2021-4 A3
DTD 11/24/2021 0.880% 01/21/2026
0.93 2.16
(6,740.24)(6,714.99) 803,110.46 99.15 MERRILL 810,000.00 14314QAC8CARMX 2021-2 A3
DTD 04/21/2021 0.520% 02/17/2026
0.73 1.29
(11,566.47)(11,544.31) 1,518,204.01 99.23 RBC 1,530,000.00 14317DAC4CARMX 2021-3 A3
DTD 07/28/2021 0.550% 06/15/2026
0.73 2.14
106.35 106.81 1,025,066.63 100.01 WELLS_F 1,025,000.00 92868KAC7VALET 2021-1 A3
DTD 12/13/2021 1.020% 06/22/2026
1.02 2.10
Account 73340000 Page 20
Page 41
For the Month Ending December 31, 2021Managed Account Fair Market Value & Analytics
CITY OF RANCHO CUCAMONGA - 73340000
Value On Cost Amort CostCUSIPBrokerDatePriceDated Date/Coupon/Maturity Par at Mkt
Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective
Duration
Asset-Backed Security
(7,519.74)(7,515.20) 1,857,227.80 99.58 BARCLAY 1,865,000.00 14041NFY2COMET 2021-A3 A3
DTD 11/30/2021 1.040% 11/16/2026
1.13 2.82
(58,014.21) 0.83 (58,129.21) 9,380,801.28 9,440,000.00 Security Type Sub-Total 2.00
270,325,000.00 270,264,671.62 (4,853,796.05)(3,099,138.62) 0.90 Managed Account Sub-Total 2.52
Total Investments $270,987,801.92
$723,130.30
$270,264,671.62
Accrued Interest
Securities Sub-Total $270,325,000.00 ($4,853,796.05)($3,099,138.62) 0.90% 2.52
Account 73340000 Page 21
Page 42
For the Month Ending December 31, 2021Managed Account Security Transactions & Interest
CITY OF RANCHO CUCAMONGA - 73340000
Transaction Type
Trade CUSIPSecurity DescriptionSettle Par Proceeds
Principal Accrued
Interest Total Cost
Realized G/L Realized G/L Sale
Amort Cost Method
BUY
12/03/21 US TREASURY N/B NOTES
DTD 11/30/2021 1.250% 11/30/2026
91282CDK4 (2,903,255.27)(298.25)(2,903,553.52) 2,895,000.00 12/01/21
12/03/21 AMERICAN HONDA FINANCE
CORPORATE NOTES
DTD 09/09/2021 1.300% 09/09/2026
02665WDZ1 (1,970,740.00)(6,066.67)(1,976,806.67) 2,000,000.00 12/01/21
12/03/21 CATERPILLAR FINL SERVICE
CORPORATE NOTES
DTD 09/14/2021 1.150% 09/14/2026
14913R2Q9 (1,967,640.00)(5,047.22)(1,972,687.22) 2,000,000.00 12/01/21
12/13/21 VALET 2021-1 A3
DTD 12/13/2021 1.020% 06/22/2026
92868KAC7 (1,024,959.82) 0.00 (1,024,959.82) 1,025,000.00 12/07/21
(11,412.14)(7,878,007.23)(7,866,595.09) 7,920,000.00 Transaction Type Sub-Total
INTEREST
12/15/21 MBALT 2021-A A3
DTD 01/27/2021 0.250% 01/16/2024
58770GAC4 0.00 37.50 37.50 180,000.00 12/15/21
12/15/21 KCOT 2021-2A A3
DTD 07/28/2021 0.560% 11/17/2025
50117XAE2 0.00 431.67 431.67 925,000.00 12/15/21
12/15/21 CARMX 2021-1 A3
DTD 01/27/2021 0.340% 12/15/2025
14316NAC3 0.00 34.00 34.00 120,000.00 12/15/21
12/15/21 CARMX 2021-3 A3
DTD 07/28/2021 0.550% 06/15/2026
14317DAC4 0.00 701.25 701.25 1,530,000.00 12/15/21
12/15/21 HART 2021-A A3
DTD 04/28/2021 0.380% 09/15/2025
44933LAC7 0.00 171.00 171.00 540,000.00 12/15/21
12/15/21 US TREASURY NOTES
DTD 06/15/2020 0.250% 06/15/2023
912828ZU7 0.00 8,125.00 8,125.00 6,500,000.00 12/15/21
12/15/21 CARMX 2021-2 A3
DTD 04/21/2021 0.520% 02/17/2026
14314QAC8 0.00 351.00 351.00 810,000.00 12/15/21
12/15/21 HALST 2021-A A4
DTD 01/20/2021 0.420% 12/16/2024
44891TAD8 0.00 98.00 98.00 280,000.00 12/15/21
12/16/21 GMCAR 2021-1 A3
DTD 01/20/2021 0.350% 10/16/2025
36261LAC5 0.00 109.38 109.38 375,000.00 12/16/21
12/17/21 FANNIE MAE NOTES
DTD 06/19/2020 0.500% 06/17/2025
3135G04Z3 0.00 19,737.50 19,737.50 7,895,000.00 12/17/21
Account 73340000 Page 22
Page 43
For the Month Ending December 31, 2021Managed Account Security Transactions & Interest
CITY OF RANCHO CUCAMONGA - 73340000
Transaction Type
Trade CUSIPSecurity DescriptionSettle Par Proceeds
Principal Accrued
Interest Total Cost
Realized G/L Realized G/L Sale
Amort Cost Method
INTEREST
12/18/21 TOYOTA MOTOR CREDIT CORP
CORPORATE NOTES
DTD 06/18/2021 1.125% 06/18/2026
89236TJK2 0.00 6,215.63 6,215.63 1,105,000.00 12/18/21
12/20/21 GMALT 2021-1 A4
DTD 02/24/2021 0.330% 02/20/2025
36261RAD0 0.00 141.63 141.63 515,000.00 12/20/21
12/20/21 VALET 2021-1 A3
DTD 12/13/2021 1.020% 06/22/2026
92868KAC7 0.00 203.29 203.29 1,025,000.00 12/20/21
12/21/21 HAROT 2021-4 A3
DTD 11/24/2021 0.880% 01/21/2026
43815GAC3 0.00 491.70 491.70 745,000.00 12/21/21
12/21/21 HAROT 2021-1 A3
DTD 02/24/2021 0.270% 04/21/2025
43813GAC5 0.00 119.25 119.25 530,000.00 12/21/21
12/24/21 ENERBANK USA
DTD 07/24/2020 0.450% 07/24/2024
29278TQD5 0.00 90.62 90.62 245,000.00 12/24/21
12/29/21 WELLS FARGO BANK NA
DTD 01/29/2020 1.900% 01/30/2023
949763S64 0.00 382.60 382.60 245,000.00 12/29/21
12/29/21 CHIPPEWA VALLEY BANK
DTD 07/29/2020 0.500% 07/29/2025
169894AT9 0.00 100.68 100.68 245,000.00 12/29/21
12/30/21 MEDALLION BANK UTAH
DTD 07/30/2020 0.550% 07/30/2025
58404DHQ7 0.00 110.75 110.75 245,000.00 12/30/21
12/31/21 US TREASURY NOTES
DTD 12/31/2020 0.375% 12/31/2025
91282CBC4 0.00 7,312.50 7,312.50 3,900,000.00 12/31/21
12/31/21 US TREASURY NOTES
DTD 12/31/2015 2.125% 12/31/2022
912828N30 0.00 53,125.00 53,125.00 5,000,000.00 12/31/21
98,089.95 98,089.95 0.00 32,955,000.00 Transaction Type Sub-Total
SELL
12/03/21 WAL-MART STORES INC CORP
(CALLABLE) NOTE
DTD 10/20/2017 2.350% 12/15/2022
931142DU4 3,055,590.00 32,900.00 3,088,490.00 141,750.00 75,420.48 FIFO 3,000,000.00 12/01/21
12/03/21 US TREASURY NOTES
DTD 11/15/2012 1.625% 11/15/2022
912828TY6 3,190,974.61 2,545.23 3,193,519.84 (52,787.11)(2,992.03)FIFO 3,150,000.00 12/01/21
12/13/21 US TREASURY NOTES
DTD 10/15/2019 1.375% 10/15/2022
912828YK0 1,059,228.52 2,340.14 1,061,568.66 (17,349.61)(1,658.91)FIFO 1,050,000.00 12/08/21
Account 73340000 Page 23
Page 44
For the Month Ending December 31, 2021Managed Account Security Transactions & Interest
CITY OF RANCHO CUCAMONGA - 73340000
Transaction Type
Trade CUSIPSecurity DescriptionSettle Par Proceeds
Principal Accrued
Interest Total Cost
Realized G/L Realized G/L Sale
Amort Cost Method
37,785.37 70,769.54 71,613.28 7,343,578.50 7,305,793.13 7,200,000.00 Transaction Type Sub-Total
(560,801.96) 124,463.18 (436,338.78) 71,613.28 70,769.54 Managed Account Sub-Total
Total Security Transactions $71,613.28 ($436,338.78)$124,463.18 ($560,801.96)$70,769.54
Account 73340000 Page 24
Page 45
Trustee and/or Purchase Maturity Cost
Bond Issue/Description Paying Agent Account Name Trust Account #Fund Investment Date Date*Yield Value
CFD 2003-01 Improvement Area 1 (2013)Wells Fargo Reserve Fund 46571801 865 Money Market Fund 9/1/2013 N/A 0.01%1,417,059.27$
Agency Project 46571807 614 Money Market Fund 9/1/2013 N/A 0.01%77,815.03$
Cultural Center Fund 46571808 615 Money Market Fund 9/1/2013 N/A 0.01%191,852.23$
Bond Fund 46571800 864 Money Market Fund 9/1/2013 N/A 0.01%4.51$
Developer Project 46571806 614 Money Market Fund 9/1/2013 N/A 0.01%98,096.70$
Special Tax 46571805 864 Money Market Fund 9/1/2013 N/A 0.01%77.15$
1,784,904.89$
CFD 2003-01 Improvement Area 2 (2013)Wells Fargo Bond Fund 46659800 866 Money Market Fund 12/1/2013 N/A 0.01%0.85$
Reserve Fund 46659801 867 Money Market Fund 12/1/2013 N/A 0.01%132,479.25$
Special Tax Fund 46659805 866 Money Market Fund 12/1/2013 N/A 0.01%7.23$
132,487.33$
CFD No 2004-01 Rancho Etiwanda Series Wells Fargo Admin Expense Fund 48436802 Money Market Fund N/A 0.01%-$
Bond Fund 48436800 820 Money Market Fund N/A 0.01%9.88
Reserve Fund 48436801 821 Money Market Fund N/A 0.01%1,187,415.59
Special Tax Fund 48436807 820 Money Market Fund N/A 64.73
Project Fund 48436809 617 Money Market Fund N/A 44,982.82
1,232,473.02$
2014 Rancho Summit Wells Fargo Cost of Issuance Fund 48709906 Money Market Fund N/A -$
Bond Fund 48709900 858 Money Market Fund N/A 3.25
Reserve Fund 48709901 859 Money Market Fund N/A 260,764.38
Sepcial Tax Fund 48709907 858 Money Market Fund N/A 14.19
Rebate Fund 48709908 Money Market Fund N/A -
Redemption Fund 48709903 Money Market Fund N/A -
Prepayment Fund 48709904 Money Market Fund N/A -
260,781.82$
2019 Lease Revenue Bonds Wells Fargo Bond Fund 82631600 711 Money Market Fund 2/28/2019 N/A 1.16$
Interest 82631601 711 Money Market Fund 2/28/2019 N/A -
Principal 82631602 711 Money Market Fund 2/28/2019 N/A 1.71
Acquisition and Construciton - Series A 82631605 711 Money Market Fund 2/28/2019 N/A 7,633,218.45
Acquisition and Construciton - Series B 82631606 711 Money Market Fund 2/28/2019 N/A 2,294,333.26
Cost of Issuance 82631607 711 Money Market Fund 2/28/2019 N/A -
9,927,554.58$
CFD No. 2000-01 South Etiwanda Union Bank Rancho Cucamonga 2015 CFD2000-1 AGY 6712140200 7/30/2015 N/A -$
Special Tax Fund 6712140201 Money Market Fund 7/30/2015 N/A 10,652.54
Bond Fund 6712140202 852 Money Market Fund 7/30/2015 N/A 0.10
Prepayment Fund 6712140203 Money Market Fund 7/30/2015 N/A -
Reserve Fund 6712140204 853 Money Market Fund 7/30/2015 N/A 0.00%12,100.24
22,752.88$
City of Rancho Cucamonga
Summary of Cash and Investments with Fiscal Agents
For the Month Ended
12/31/2021
I:\FINANCE\SALINA\Fiscal Agent Stmts\FY 2021-22\12-2021\December 2021 Fiscal Agent Statements Workbook
Summary Report Page 1
Page 46
Trustee and/or Purchase Maturity Cost
Bond Issue/Description Paying Agent Account Name Trust Account #Fund Investment Date Date*Yield Value
City of Rancho Cucamonga
Summary of Cash and Investments with Fiscal Agents
For the Month Ended
12/31/2021
CFD No. 2000-02 Rancho Cucamonga Corporate Park Union Bank Rancho Cucamonga 2015 CFD2000-2 AGY 6712140300 Money Market Fund 7/30/2015 N/A -$
Special Tax Fund 6712140301 Money Market Fund 7/30/2015 N/A 91,571.11$
Bond Fund 6712140302 856 Money Market Fund 7/30/2015 N/A 0.96$
Prepayment Fund 6712140303 Money Market Fund 7/30/2015 N/A -$
Reserve Fund 6712140304 857 Money Market Fund 7/30/2015 N/A 0.00%117,352.32
208,924.39$
CFD No. 2001-01 IA 1&2, Series A Union Bank Rancho Cucamonga 2015 CFD2001-1 AGY 6712140400 Money Market Fund 7/30/2015 N/A -$
Special Tax Fund 6712140401 Money Market Fund 7/30/2015 N/A 186,192.35
Bond Fund 6712140402 860 Money Market Fund 7/30/2015 N/A 1.06
Prepayment Fund 6712140403 Money Market Fund 7/30/2015 N/A -
Reserve Fund 6712140404 861 Money Market Fund 7/30/2015 N/A 0.00%117,352.65
303,546.06$
CFD No. 2001-01 IA3, Series B Union Bank Rancho Cucamonga 2015 CFD2001-1 AGY 6712140500 Money Market Fund 7/30/2015 N/A -$
Special Tax Fund 6712140501 Money Market Fund 7/30/2015 N/A 3,223.12
Bond Fund 6712140502 862 Money Market Fund 7/30/2015 N/A 0.10
Prepayment Fund 6712140503 Money Market Fund 7/30/2015 N/A -
Reserve Fund 6712140504 863 Money Market Fund 7/30/2015 N/A 0.00%26,250.45
29,473.67$
CFD No. 2006-01 Vintner's Grove Union Bank Rancho Cucamonga 2015 CFD2006-1 AGY 6712140600 Money Market Fund 7/30/2015 N/A -$
Special Tax Fund 6712140601 Money Market Fund 7/30/2015 N/A 304.45
Bond Fund 6712140602 869 Money Market Fund 7/30/2015 N/A 0.41
Prepayment Fund 6712140603 Money Market Fund 7/30/2015 N/A -
Reserve Fund 6712140604 870 Money Market Fund 7/30/2015 N/A 0.00%130,469.02
130,773.88$
CFD No. 2006-02 Amador on Rt. 66 Union Bank Rancho Cucamonga 2015 CFD2006-2 AGY 6712140700 Money Market Fund 7/30/2015 N/A -$
Special Tax Fund 6712140701 Money Market Fund 7/30/2015 N/A 1,190.57
Bond Fund 6712140702 871 Money Market Fund 7/30/2015 N/A 0.25
Prepayment Fund 6712140703 Money Market Fund 7/30/2015 N/A -
Reserve Fund 6712140704 872 Money Market Fund 7/30/2015 N/A 0.00%78,282.94
79,473.76$
14,113,146.28
TOTAL CASH AND INVESTMENTS WITH FISCAL AGENTS 14,113,146.28$
* Note: These investments are money market accounts which have no stated maturity date as they may be liquidated upon demand.
I:\FINANCE\SALINA\Fiscal Agent Stmts\FY 2021-22\12-2021\December 2021 Fiscal Agent Statements Workbook
Summary Report Page 2
Page 47
Page 48
For the Month Ending December 31, 2021
Account Statement
Consolidated Summary Statement
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Investment Allocation
Investment Type Closing Market Value Percent
354,107.90 0.42 Asset-Backed Security
2,540,047.37 3.01 Corporate Note
483,261.28 0.57 Certificate of Deposit - FDIC Insured
794,887.91 0.94 Commercial Paper
2,728,439.58 3.23 Supra-National Agency Bond / Note
21,043,004.33 24.90 U.S. Treasury Bond / Note
56,151,018.92 66.43 Local Agency Investment Fund
422,638.37 0.50 Passbook/Checking Accounts
$84,517,405.66 Total 100.00%
Portfolio Summary
and Income
Closing
Market ValuePortfolio Holdings
Cash Dividends
PFM Managed Account (5,003.79) 27,943,748.37
Local Agency Investment Fund 0.00 56,151,018.92
Passbook/Checking Accounts 0.00 422,638.37
($5,003.79)$84,517,405.66 Total
Maturity Distribution (Fixed Income Holdings)
Portfolio Holdings Closing Market Value Percent
57,368,545.20
0.00
0.00
0.00
2,359,456.91
7,288,287.26
7,175,951.07
1,772,312.54
8,552,852.68
0.00
67.88
0.00
0.00
0.00
2.79
8.62
8.49
2.10
10.12
0.00
Under 30 days
31 to 60 days
61 to 90 days
91 to 180 days
181 days to 1 year
1 to 2 years
2 to 3 years
3 to 4 years
4 to 5 years
Over 5 years
Total $84,517,405.66
329
100.00%
Weighted Average Days to Maturity
Sector Allocation
0.42%
ABS
3.01%
Corporate Note
0.57%
Cert of Deposit -
FDIC
0.94%
Commercial Paper
3.23%
Supra-National
Agency Bond / Note
24.90%
US TSY Bond / Note
66.43%
Local Agency
Investment Fund
0.50%
Passbook/Checking
Accounts
Summary Page 1
Page 49
For the Month Ending December 31, 2021Managed Account Summary Statement
CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - 73340100
Total Cash Basis Earnings
Plus Net Realized Gains/Losses
Less Purchased Interest Related to Interest/Coupons
Interest/Dividends/Coupons Received
Earnings Reconciliation (Cash Basis) - Managed Account
Less Beginning Accrued Interest
Less Beginning Amortized Value of Securities
Less Cost of New Purchases
Plus Coupons/Dividends Received
Plus Proceeds of Maturities/Calls/Principal Payments
Plus Proceeds from Sales
Ending Accrued Interest
Ending Amortized Value of Securities
Earnings Reconciliation (Accrual Basis)
$27,904,221.34
0.00
(389,484.38)
497,397.88
0.00
(68,386.47)
$27,943,748.37
1,320.38
(886.67)
(5,437.50)
($5,003.79)
Total
28,242,002.10
47,343.56
389,492.62
0.00
1,312.14
(498,284.55)
(28,153,398.67)
(21,808.92)
Total Accrual Basis Earnings $6,658.28
Closing Market Value
Change in Current Value
Unsettled Trades
Principal Acquisitions
Principal Dispositions
Maturities/Calls
Opening Market Value
Transaction Summary - Managed Account
_________________
_________________
______________________________________________________________________________________________Reconciling Transactions
Net Cash Contribution
Security Purchases
Principal Payments
Coupon/Interest/Dividend Income
Sale Proceeds
Maturities/Calls
Cash Transactions Summary - Managed Account
0.00
389,492.62
1,312.14
0.00
(498,284.55)
0.00
0.00
Cash Balance
$50,548.23 Closing Cash Balance
Account 73340100 Page 1
Page 50
For the Month Ending December 31, 2021Portfolio Summary and Statistics
CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - 73340100
Account Summary
Percent Par Value Market ValueDescription
U.S. Treasury Bond / Note 20,975,000.00 21,043,004.33 75.31
Supra-National Agency Bond / Note 2,810,000.00 2,728,439.58 9.76
Corporate Note 2,465,000.00 2,540,047.37 9.09
Commercial Paper 795,000.00 794,887.91 2.84
Certificate of Deposit - FDIC Insured 490,000.00 483,261.28 1.73
Asset-Backed Security 355,000.00 354,107.90 1.27
Managed Account Sub-Total 27,890,000.00 27,943,748.37 100.00%
Accrued Interest 47,343.56
Total Portfolio 27,890,000.00 27,991,091.93
Unsettled Trades 0.00 0.00
Sector Allocation
1.27%
ABS
1.73%
Cert of Deposit -
FDIC
2.84%
Commercial Paper
9.09%
Corporate Note
9.76%
Supra-National
Agency Bond / Note
75.31%
US TSY Bond / Note
0 - 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years Over 5 Years
2.85%
8.44%
26.08%25.68%
6.34%
30.61%
0.00%
Maturity Distribution Characteristics
Yield to Maturity at Cost
Yield to Maturity at Market
Weighted Average Days to Maturity 994
0.54%
0.93%
Account 73340100 Page 2
Page 51
For the Month Ending December 31, 2021Managed Account Issuer Summary
CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - 73340100
Credit Quality (S&P Ratings)
0.70%
A
0.39%
A+
3.74%
A-
2.84%
A-1
1.33%
AA
75.30%
AA+
10.78%
AAA
2.94%
BBB+
1.98%
NR
Issuer Summary
Percentof HoldingsIssuer
Market Value
370,806.75 1.33 AMAZON.COM INC
283,730.15 1.02 AMERICAN EXPRESS CO
197,194.80 0.71 AMERICAN HONDA FINANCE
148,088.70 0.53 ASTRAZENECA PLC
177,747.41 0.64 BANK OF AMERICA CO
179,249.87 0.64 CAPITAL ONE FINANCIAL CORP
181,998.60 0.65 CITIGROUP INC
242,636.24 0.87 ENERBANK USA
177,265.94 0.63 GOLDMAN SACHS GROUP INC
69,851.20 0.25 HONDA AUTO RECEIVABLES
160,319.85 0.57 IBM CORP
360,332.38 1.29 INTER-AMERICAN DEVELOPMENT BANK
2,368,107.20 8.47 INTL BANK OF RECONSTRUCTION AND DEV
361,267.34 1.29 JP MORGAN CHASE & CO
794,887.91 2.84 LMA AMERICAS LLC
240,625.04 0.86 MEDALLION BANK UTAH
178,667.78 0.64 MORGAN STANLEY
194,837.20 0.70 THE BANK OF NEW YORK MELLON CORPORATION
108,122.85 0.39 TOYOTA MOTOR CORP
21,043,004.33 75.30 UNITED STATES TREASURY
105,006.83 0.38 VOLKSWAGEN OF AMERICA
$27,943,748.37 Total 100.00%
Account 73340100 Page 3
Page 52
For the Month Ending December 31, 2021Managed Account Detail of Securities Held
CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - 73340100
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value
Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTradeSettle
Par
U.S. Treasury Bond / Note
US TREASURY NOTES
DTD 11/30/2020 0.125% 11/30/2022
2,359,456.91 2,365,278.15 259.89 2,365,461.91 05/26/2105/25/21AaaAA+ 2,365,000.00 91282CAX9 0.11
US TREASURY NOTES
DTD 05/31/2018 2.750% 05/31/2023
2,365,642.85 2,378,795.07 5,548.35 2,414,591.02 05/26/2105/25/21AaaAA+ 2,295,000.00 9128284S6 0.16
US TREASURY N/B NOTES
DTD 07/31/2021 0.125% 07/31/2023
992,031.20 998,689.32 523.10 998,359.38 08/09/2108/06/21AaaAA+ 1,000,000.00 91282CCN9 0.21
US TREASURY N/B NOTES
DTD 08/31/2021 0.125% 08/31/2023
787,919.57 793,910.99 337.66 793,695.70 09/03/2109/02/21AaaAA+ 795,000.00 91282CCU3 0.21
US TREASURY N/B NOTES
DTD 10/31/2021 0.375% 10/31/2023
790,528.13 792,945.52 510.60 792,764.06 11/03/2111/01/21AaaAA+ 795,000.00 91282CDD0 0.52
US TREASURY NOTES
DTD 11/30/2018 2.875% 11/30/2023
2,352,165.51 2,374,313.06 5,712.09 2,410,342.97 05/26/2105/25/21AaaAA+ 2,260,000.00 9128285P1 0.22
US TREASURY NOTES
DTD 01/15/2021 0.125% 01/15/2024
987,343.80 990,078.92 577.45 989,492.19 11/18/2111/17/21AaaAA+ 1,000,000.00 91282CBE0 0.62
US TREASURY N/B NOTES
DTD 05/15/2021 0.250% 05/15/2024
1,948,152.25 1,971,986.24 641.06 1,971,219.73 05/26/2105/25/21AaaAA+ 1,975,000.00 91282CCC3 0.31
US TREASURY N/B NOTES
DTD 06/15/2021 0.250% 06/15/2024
335,006.25 339,141.12 39.70 338,990.63 07/28/2107/26/21AaaAA+ 340,000.00 91282CCG4 0.35
US TREASURY N/B NOTES
DTD 07/15/2021 0.375% 07/15/2024
987,500.00 990,267.16 1,732.34 989,804.69 11/18/2111/17/21AaaAA+ 1,000,000.00 91282CCL3 0.76
US TREASURY NOTES
DTD 11/30/2019 1.500% 11/30/2024
2,031,250.00 2,061,178.45 2,637.36 2,073,828.13 05/26/2105/25/21AaaAA+ 2,000,000.00 912828YV6 0.44
US TREASURY NOTES
DTD 05/31/2020 0.250% 05/31/2025
1,531,687.50 1,558,005.51 346.15 1,555,004.88 05/26/2105/25/21AaaAA+ 1,575,000.00 912828ZT0 0.57
US TREASURY NOTES
DTD 01/31/2021 0.375% 01/31/2026
483,750.00 493,438.27 784.65 492,910.16 09/03/2109/01/21AaaAA+ 500,000.00 91282CBH3 0.70
US TREASURY N/B NOTES
DTD 04/30/2021 0.750% 04/30/2026
686,000.00 698,823.26 899.17 698,660.16 05/27/2105/25/21AaaAA+ 700,000.00 91282CBW0 0.79
Account 73340100 Page 4
Page 53
For the Month Ending December 31, 2021Managed Account Detail of Securities Held
CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - 73340100
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value
Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTradeSettle
Par
U.S. Treasury Bond / Note
US TREASURY NOTES
DTD 05/31/2019 2.125% 05/31/2026
1,038,593.80 1,061,826.28 1,868.13 1,067,851.56 07/28/2107/26/21AaaAA+ 1,000,000.00 9128286X3 0.70
US TREASURY N/B NOTES
DTD 10/31/2021 1.125% 10/31/2026
372,539.06 373,355.77 722.55 373,300.78 11/03/2111/01/21AaaAA+ 375,000.00 91282CDG3 1.22
US TREASURY N/B NOTES
DTD 10/31/2021 1.125% 10/31/2026
993,437.50 994,092.66 1,926.79 993,945.31 11/18/2111/17/21AaaAA+ 1,000,000.00 91282CDG3 1.25
25,067.04 21,043,004.33 21,236,125.75 0.43 21,320,223.26 20,975,000.00 Security Type Sub-Total
Supra-National Agency Bond / Note
INTER-AMERICAN DEVEL BK NOTES
DTD 09/23/2021 0.500% 09/23/2024
360,332.38 364,754.54 496.81 364,729.90 09/23/2109/15/21AaaAAA 365,000.00 4581X0DZ8 0.52
INTL BK RECON & DEVELOP NOTES
(CALLABLE)
DTD 02/10/2021 0.650% 02/10/2026
2,368,107.20 2,425,786.63 6,224.56 2,422,970.55 05/26/2105/25/21AaaAAA 2,445,000.00 459058JS3 0.85
6,721.37 2,728,439.58 2,790,541.17 0.80 2,787,700.45 2,810,000.00 Security Type Sub-Total
Corporate Note
AMERICAN EXPRESS CO CORP NOTES
(CALLABLE
DTD 07/30/2019 2.500% 07/30/2024
283,730.15 284,440.84 2,883.68 284,845.00 11/23/2111/19/21A3BBB+ 275,000.00 025816CG2 1.14
MORGAN STANLEY CORPORATE NOTES
DTD 01/27/2016 3.875% 01/27/2026
178,667.78 182,462.49 2,735.10 185,034.30 05/27/2105/25/21A1BBB+ 165,000.00 61746BDZ6 1.19
GOLDMAN SACHS GROUP INC CORP NOTES
(CALL
DTD 02/25/2016 3.750% 02/25/2026
177,265.94 181,095.40 2,165.63 183,570.75 05/27/2105/25/21A2BBB+ 165,000.00 38143U8H7 1.30
JP MORGAN CORP (CALLABLE) NOTES
DTD 03/23/2016 3.300% 04/01/2026
361,267.34 369,207.13 2,805.00 373,585.20 05/27/2105/25/21A2A- 340,000.00 46625HQW3 1.20
BANK OF AMERICA CORP NOTES
DTD 04/19/2016 3.500% 04/19/2026
177,747.41 180,709.74 1,155.00 182,902.50 05/27/2105/25/21A2A- 165,000.00 06051GFX2 1.21
Account 73340100 Page 5
Page 54
For the Month Ending December 31, 2021Managed Account Detail of Securities Held
CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - 73340100
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value
Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTradeSettle
Par
Corporate Note
CITIGROUP CORP NOTES
DTD 05/02/2016 3.400% 05/01/2026
181,998.60 185,031.71 963.33 187,113.90 05/27/2105/25/21A3BBB+ 170,000.00 172967KN0 1.29
AMAZON.COM INC CORPORATE NOTES
DTD 05/12/2021 1.000% 05/12/2026
370,806.75 375,313.17 510.42 375,356.25 05/27/2105/25/21A1AA 375,000.00 023135BX3 0.98
IBM CORP
DTD 05/15/2019 3.300% 05/15/2026
160,319.85 164,147.14 632.50 165,211.50 09/03/2109/01/21A3A- 150,000.00 459200JZ5 1.08
ASTRAZENECA FINANCE LLC (CALLABLE)
CORP
DTD 05/28/2021 1.200% 05/28/2026
148,088.70 150,756.94 165.00 150,814.50 09/03/2109/01/21A3A- 150,000.00 04636NAA1 1.08
TOYOTA MOTOR CREDIT CORP CORPORATE
NOTES
DTD 06/18/2021 1.125% 06/18/2026
108,122.85 109,771.25 44.69 109,755.80 09/13/2109/08/21A1A+ 110,000.00 89236TJK2 1.17
AMERICAN HONDA FINANCE CORPORATE
NOTES
DTD 09/09/2021 1.300% 09/09/2026
197,194.80 197,122.74 808.89 197,074.00 12/03/2112/01/21A3A- 200,000.00 02665WDZ1 1.62
BANK OF NY MELLON CORP CORPORATE
NOTES
DTD 07/27/2021 1.050% 10/15/2026
194,837.20 195,404.25 443.33 195,328.00 12/03/2112/01/21A1A 200,000.00 06406RAV9 1.55
15,312.57 2,540,047.37 2,575,462.80 1.22 2,590,591.70 2,465,000.00 Security Type Sub-Total
Commercial Paper
LMA AMERICAS LLC COMM PAPER
DTD 05/25/2021 0.000% 01/25/2022
794,887.91 794,915.20 0.00 794,137.87 05/26/2105/25/21P-1A-1 795,000.00 53944RAR9 0.16
0.00 794,887.91 794,915.20 0.16 794,137.87 795,000.00 Security Type Sub-Total
Certificate of Deposit - FDIC Insured
ENERBANK USA
DTD 07/24/2020 0.450% 07/24/2024
242,636.24 245,000.00 24.16 245,000.00 07/24/2007/24/20NRNR 245,000.00 29278TQD5 0.45
Account 73340100 Page 6
Page 55
For the Month Ending December 31, 2021Managed Account Detail of Securities Held
CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - 73340100
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value
Security Type/Description S&P Moody's Original YTM Accrued Amortized MarketTradeSettle
Par
Certificate of Deposit - FDIC Insured
MEDALLION BANK UTAH
DTD 07/30/2020 0.550% 07/30/2025
240,625.04 245,000.00 7.38 245,000.00 07/30/2007/30/20NRNR 245,000.00 58404DHQ7 0.55
31.54 483,261.28 490,000.00 0.50 490,000.00 490,000.00 Security Type Sub-Total
Asset-Backed Security
HAROT 2021-4 A3
DTD 11/24/2021 0.880% 01/21/2026
69,851.20 69,985.61 17.11 69,985.24 11/24/2111/16/21AaaNR 70,000.00 43815GAC3 0.89
VALET 2021-1 A3
DTD 12/13/2021 1.020% 06/22/2026
105,006.83 104,995.93 32.73 104,995.88 12/13/2112/07/21AaaAAA 105,000.00 92868KAC7 1.02
COMET 2021-A3 A3
DTD 11/30/2021 1.040% 11/16/2026
179,249.87 179,975.64 161.20 179,975.20 11/30/2111/18/21NRAAA 180,000.00 14041NFY2 1.04
211.04 354,107.90 354,957.18 1.01 354,956.32 355,000.00 Security Type Sub-Total
27,890,000.00 28,337,609.60 0.54 47,343.56 28,242,002.10 27,943,748.37 Managed Account Sub-Total
$27,890,000.00 $28,337,609.60 $47,343.56 $28,242,002.10 $27,943,748.37 0.54%
$27,991,091.93
$47,343.56
Total Investments
Accrued Interest
Securities Sub-Total
Account 73340100 Page 7
Page 56
For the Month Ending December 31, 2021Managed Account Fair Market Value & Analytics
CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - 73340100
Value On Cost Amort CostCUSIPBrokerDatePriceDated Date/Coupon/Maturity Par at Mkt
Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective
Duration
U.S. Treasury Bond / Note
(5,821.24)(6,005.00) 2,359,456.91 99.77 HSBC 2,365,000.00 91282CAX9US TREASURY NOTES
DTD 11/30/2020 0.125% 11/30/2022
0.38 0.91
(13,152.22)(48,948.17) 2,365,642.85 103.08 HSBC 2,295,000.00 9128284S6US TREASURY NOTES
DTD 05/31/2018 2.750% 05/31/2023
0.56 1.39
(6,658.12)(6,328.18) 992,031.20 99.20 MERRILL 1,000,000.00 91282CCN9US TREASURY N/B NOTES
DTD 07/31/2021 0.125% 07/31/2023
0.63 1.58
(5,991.42)(5,776.13) 787,919.57 99.11 CITIGRP 795,000.00 91282CCU3US TREASURY N/B NOTES
DTD 08/31/2021 0.125% 08/31/2023
0.66 1.66
(2,417.39)(2,235.93) 790,528.13 99.44 CITIGRP 795,000.00 91282CDD0US TREASURY N/B NOTES
DTD 10/31/2021 0.375% 10/31/2023
0.68 1.83
(22,147.55)(58,177.46) 2,352,165.51 104.08 CITIGRP 2,260,000.00 9128285P1US TREASURY NOTES
DTD 11/30/2018 2.875% 11/30/2023
0.73 1.87
(2,735.12)(2,148.39) 987,343.80 98.73 JPM_CHA 1,000,000.00 91282CBE0US TREASURY NOTES
DTD 01/15/2021 0.125% 01/15/2024
0.75 2.04
(23,833.99)(23,067.48) 1,948,152.25 98.64 BARCLAY 1,975,000.00 91282CCC3US TREASURY N/B NOTES
DTD 05/15/2021 0.250% 05/15/2024
0.83 2.37
(4,134.87)(3,984.38) 335,006.25 98.53 MERRILL 340,000.00 91282CCG4US TREASURY N/B NOTES
DTD 06/15/2021 0.250% 06/15/2024
0.86 2.45
(2,767.16)(2,304.69) 987,500.00 98.75 JPM_CHA 1,000,000.00 91282CCL3US TREASURY N/B NOTES
DTD 07/15/2021 0.375% 07/15/2024
0.87 2.53
(29,928.45)(42,578.13) 2,031,250.00 101.56 GOLDMAN 2,000,000.00 912828YV6US TREASURY NOTES
DTD 11/30/2019 1.500% 11/30/2024
0.96 2.86
(26,318.01)(23,317.38) 1,531,687.50 97.25 WELLS_F 1,575,000.00 912828ZT0US TREASURY NOTES
DTD 05/31/2020 0.250% 05/31/2025
1.07 3.40
(9,688.27)(9,160.16) 483,750.00 96.75 NOMURA 500,000.00 91282CBH3US TREASURY NOTES
DTD 01/31/2021 0.375% 01/31/2026
1.19 4.05
(12,823.26)(12,660.16) 686,000.00 98.00 BNP_PAR 700,000.00 91282CBW0US TREASURY N/B NOTES
DTD 04/30/2021 0.750% 04/30/2026
1.23 4.26
(23,232.48)(29,257.76) 1,038,593.80 103.86 CITIGRP 1,000,000.00 9128286X3US TREASURY NOTES
DTD 05/31/2019 2.125% 05/31/2026
1.22 4.23
(816.71)(761.72) 372,539.06 99.34 MORGAN_ 375,000.00 91282CDG3US TREASURY N/B NOTES
DTD 10/31/2021 1.125% 10/31/2026
1.27 4.71
(655.16)(507.81) 993,437.50 99.34 CITIGRP 1,000,000.00 91282CDG3US TREASURY N/B NOTES
DTD 10/31/2021 1.125% 10/31/2026
1.27 4.71
Account 73340100 Page 8
Page 57
For the Month Ending December 31, 2021Managed Account Fair Market Value & Analytics
CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - 73340100
Value On Cost Amort CostCUSIPBrokerDatePriceDated Date/Coupon/Maturity Par at Mkt
Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective
Duration
(277,218.93) 0.81 (193,121.42) 21,043,004.33 20,975,000.00 Security Type Sub-Total 2.42
Supra-National Agency Bond / Note
(4,422.16)(4,397.52) 360,332.38 98.72 JPM_CHA 365,000.00 4581X0DZ8INTER-AMERICAN DEVEL BK NOTES
DTD 09/23/2021 0.500% 09/23/2024
0.98 2.71
(57,679.43)(54,863.35) 2,368,107.20 96.86 02/10/22KEYBANC 2,445,000.00 459058JS3INTL BK RECON & DEVELOP NOTES
(CALLABLE)
DTD 02/10/2021 0.650% 02/10/2026
1.44 0.12
(59,260.87) 1.38 (62,101.59) 2,728,439.58 2,810,000.00 Security Type Sub-Total 0.47
Corporate Note
(710.69)(1,114.85) 283,730.15 103.17 06/30/24MORGAN_ 275,000.00 025816CG2AMERICAN EXPRESS CO CORP NOTES
(CALLABLE
DTD 07/30/2019 2.500% 07/30/2024
1.25 2.42
(3,794.71)(6,366.52) 178,667.78 108.28 BNP_PAR 165,000.00 61746BDZ6MORGAN STANLEY CORPORATE NOTES
DTD 01/27/2016 3.875% 01/27/2026
1.76 3.76
(3,829.46)(6,304.81) 177,265.94 107.43 11/25/25JPM_CHA 165,000.00 38143U8H7GOLDMAN SACHS GROUP INC CORP NOTES
(CALL
DTD 02/25/2016 3.750% 02/25/2026
1.88 3.63
(7,939.79)(12,317.86) 361,267.34 106.26 01/01/26JSEB 340,000.00 46625HQW3JP MORGAN CORP (CALLABLE) NOTES
DTD 03/23/2016 3.300% 04/01/2026
1.77 3.76
(2,962.33)(5,155.09) 177,747.41 107.73 FIFTH_3 165,000.00 06051GFX2BANK OF AMERICA CORP NOTES
DTD 04/19/2016 3.500% 04/19/2026
1.63 4.02
(3,033.11)(5,115.30) 181,998.60 107.06 JPM_CHA 170,000.00 172967KN0CITIGROUP CORP NOTES
DTD 05/02/2016 3.400% 05/01/2026
1.70 4.06
(4,506.42)(4,549.50) 370,806.75 98.88 UBS 375,000.00 023135BX3AMAZON.COM INC CORPORATE NOTES
DTD 05/12/2021 1.000% 05/12/2026
1.26 4.28
(3,827.29)(4,891.65) 160,319.85 106.88 MORGAN_ 150,000.00 459200JZ5IBM CORP
DTD 05/15/2019 3.300% 05/15/2026
1.66 4.10
(2,668.24)(2,725.80) 148,088.70 98.73 04/28/26MORGAN_ 150,000.00 04636NAA1ASTRAZENECA FINANCE LLC (CALLABLE)
CORP
DTD 05/28/2021 1.200% 05/28/2026
1.50 4.22
Account 73340100 Page 9
Page 58
For the Month Ending December 31, 2021Managed Account Fair Market Value & Analytics
CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - 73340100
Value On Cost Amort CostCUSIPBrokerDatePriceDated Date/Coupon/Maturity Par at Mkt
Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective
Duration
Corporate Note
(1,648.40)(1,632.95) 108,122.85 98.29 JPM_CHA 110,000.00 89236TJK2TOYOTA MOTOR CREDIT CORP
CORPORATE NOTES
DTD 06/18/2021 1.125% 06/18/2026
1.52 4.37
72.06 120.80 197,194.80 98.60 RBC 200,000.00 02665WDZ1AMERICAN HONDA FINANCE CORPORATE
NOTES
DTD 09/09/2021 1.300% 09/09/2026
1.61 4.55
(567.05)(490.80) 194,837.20 97.42 DEUTSCH 200,000.00 06406RAV9BANK OF NY MELLON CORP CORPORATE
NOTES
DTD 07/27/2021 1.050% 10/15/2026
1.61 4.67
(50,544.33) 1.57 (35,415.43) 2,540,047.37 2,465,000.00 Security Type Sub-Total 3.92
Commercial Paper
(27.29) 750.04 794,887.91 99.99 JPM_CHA 795,000.00 53944RAR9LMA AMERICAS LLC COMM PAPER
DTD 05/25/2021 0.000% 01/25/2022
0.20 0.07
750.04 0.20 (27.29) 794,887.91 795,000.00 Security Type Sub-Total 0.07
Certificate of Deposit - FDIC Insured
(2,363.76)(2,363.76) 242,636.24 99.04 NEW ACC 245,000.00 29278TQD5ENERBANK USA
DTD 07/24/2020 0.450% 07/24/2024
0.83 2.55
(4,374.96)(4,374.96) 240,625.04 98.21 NEW ACC 245,000.00 58404DHQ7MEDALLION BANK UTAH
DTD 07/30/2020 0.550% 07/30/2025
1.06 3.55
(6,738.72) 0.94 (6,738.72) 483,261.28 490,000.00 Security Type Sub-Total 3.05
Asset-Backed Security
(134.41)(134.04) 69,851.20 99.79 MERRILL 70,000.00 43815GAC3HAROT 2021-4 A3
DTD 11/24/2021 0.880% 01/21/2026
0.93 2.16
10.90 10.95 105,006.83 100.01 WELLS_F 105,000.00 92868KAC7VALET 2021-1 A3
DTD 12/13/2021 1.020% 06/22/2026
1.02 2.10
(725.77)(725.33) 179,249.87 99.58 BARCLAY 180,000.00 14041NFY2COMET 2021-A3 A3
DTD 11/30/2021 1.040% 11/16/2026
1.13 2.82
(848.42) 1.06 (849.28) 354,107.90 355,000.00 Security Type Sub-Total 2.48
Account 73340100 Page 10
Page 59
For the Month Ending December 31, 2021Managed Account Fair Market Value & Analytics
CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - 73340100
Value On Cost Amort CostCUSIPBrokerDatePriceDated Date/Coupon/Maturity Par at Mkt
Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective
Duration
27,890,000.00 27,943,748.37 (393,861.23)(298,253.73) 0.93 Managed Account Sub-Total 2.31
Total Investments $27,991,091.93
$47,343.56
$27,943,748.37
Accrued Interest
Securities Sub-Total $27,890,000.00 ($393,861.23)($298,253.73) 0.93% 2.31
Account 73340100 Page 11
Page 60
For the Month Ending December 31, 2021Managed Account Security Transactions & Interest
CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - 73340100
Transaction Type
Trade CUSIPSecurity DescriptionSettle Par Proceeds
Principal Accrued
Interest Total Cost
Realized G/L Realized G/L Sale
Amort Cost Method
BUY
12/03/21 AMERICAN HONDA FINANCE
CORPORATE NOTES
DTD 09/09/2021 1.300% 09/09/2026
02665WDZ1 (197,074.00)(606.67)(197,680.67) 200,000.00 12/01/21
12/03/21 BANK OF NY MELLON CORP
CORPORATE NOTES
DTD 07/27/2021 1.050% 10/15/2026
06406RAV9 (195,328.00)(280.00)(195,608.00) 200,000.00 12/01/21
12/13/21 VALET 2021-1 A3
DTD 12/13/2021 1.020% 06/22/2026
92868KAC7 (104,995.88) 0.00 (104,995.88) 105,000.00 12/07/21
(886.67)(498,284.55)(497,397.88) 505,000.00 Transaction Type Sub-Total
INTEREST
12/15/21 US TREASURY N/B NOTES
DTD 06/15/2021 0.250% 06/15/2024
91282CCG4 0.00 425.00 425.00 340,000.00 12/15/21
12/18/21 TOYOTA MOTOR CREDIT CORP
CORPORATE NOTES
DTD 06/18/2021 1.125% 06/18/2026
89236TJK2 0.00 618.75 618.75 110,000.00 12/18/21
12/20/21 VALET 2021-1 A3
DTD 12/13/2021 1.020% 06/22/2026
92868KAC7 0.00 20.82 20.82 105,000.00 12/20/21
12/21/21 HAROT 2021-4 A3
DTD 11/24/2021 0.880% 01/21/2026
43815GAC3 0.00 46.20 46.20 70,000.00 12/21/21
12/24/21 ENERBANK USA
DTD 07/24/2020 0.450% 07/24/2024
29278TQD5 0.00 90.62 90.62 245,000.00 12/24/21
12/30/21 MEDALLION BANK UTAH
DTD 07/30/2020 0.550% 07/30/2025
58404DHQ7 0.00 110.75 110.75 245,000.00 12/30/21
1,312.14 1,312.14 0.00 1,115,000.00 Transaction Type Sub-Total
SELL
12/03/21 US TREASURY NOTES
DTD 05/31/2020 0.250% 05/31/2025
912828ZT0 389,484.38 8.24 389,492.62 (5,437.50)(6,099.11)FIFO 400,000.00 12/01/21
8.24 (6,099.11)(5,437.50) 389,492.62 389,484.38 400,000.00 Transaction Type Sub-Total
(107,913.50) 433.71 (107,479.79)(5,437.50)(6,099.11)Managed Account Sub-Total
Account 73340100 Page 12
Page 61
For the Month Ending December 31, 2021Managed Account Security Transactions & Interest
CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - 73340100
Total Security Transactions ($5,437.50)($107,479.79)$433.71 ($107,913.50)($6,099.11)
Account 73340100 Page 13
Page 62
DATE:January 19, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Jason C. Welday, Director of Engineering Services/City Engineer
Romeo M. David, Associate Engineer
SUBJECT:Consideration to Accept as Complete, File the Notice of Completion, and
Authorize Release of Retention and Bonds for the Fiscal Year 2021/22
Local Slurry Seal Pavement Rehabilitation Project - Contract No. 2021-
120. (CITY)
RECOMMENDATION:
Staff recommends that the City Council:
1. Accept the Fiscal Year 2021/22 Local Slurry Seal Pavement Rehabilitation, Contract
No. 2021-120 (Project), as complete;
2. Approve the final contract amount of $127,496;
3. Authorize the release of the Faithful Performance Bond 35 days after recordation of
Notice of Completion and accept a Maintenance Guarantee Bond;
4. Authorize the release of the Labor and Materials Bond in the amount of $127,496, six
months after the recordation of said notice if no claims have been received;
5. Authorize the City Engineer to file a Notice of Completion and release of the project
retention, 35 days after recordation of Notice of Completion; and
6. Authorize the City Engineer to approve the release of the Maintenance Bond one year
following the filing of the Notice of Completion if the improvements remain free from
defects in material and workmanship.
BACKGROUND:
On October 20, 2021, the City Council awarded a construction contract to Doug Martin
Contracting, Co, Inc., in the amount of $127,496 plus 10% contingency in the amount of $12,750
for the construction of the Project. A vicinity map illustrating the various neighborhood streets that
received slurry seal is included as Attachment 1. A copy of the October 20, 2021 City Council
Staff Report is on file with the City Clerk.
The scope of work consisted of weed kill, routing and crack sealing, application of slurry seal,
protecting existing utilities, installation of pavement markers and striping and related items of work
per plans.
ANALYSIS:
The subject project has been completed in accordance with the approved plans and specifications
and to the satisfaction of the City Engineer.
Page 63
Page 2
1
0
8
7
There were no contract change orders issued for the project. Further, a final balancing statement
is not required as there were not changes in the final contract quantities placed or constructed
during the contract.
At the end of the one-year maintenance period, if the improvements remain free from defects in
materials and workmanship, the City Clerk will release the Maintenance Bond upon approval by
the City Engineer.
FISCAL IMPACT:
A total of $280,000 was budgeted in Fiscal Year 2021/22 from Gas Tax R&T7360 (Fund 174),
which is identified under Capital Improvement Project Account No. and in the amount listed below.
Account No.Funding Source Description Amount
11743035650/1022174-0 Gas Tax R&T7360
Fund (174)
Local Street Rehab $280,000
Total Project Funding =$280,000
The final project cost is $181,162 as shown below:
Expenditure Amount
Final Construction Contract $127,496
Construction Inspection Services $33,958
Construction Materials Testing $17,790
Bid Noticing Advertisement $1,918
Total Project Cost =$181,162
A total of $98,838 is remaining in the budget for this project and will be returned to the Gas tax
R&T7360 (Fund 174) fund balance to be used for future capital improvement projects.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
This project meets our City Council core values by promoting and enhancing a safe and healthy
community for all, and by providing continuous improvement through the construction of high-
quality public improvements.
ATTACHMENTS:
Attachment 1 – Vicinity Map
Page 64
ATTACHMENT 1
PROJECT# 800-2021-07
FY 2021/22 LOCAL SLURRY SEAL PAVEMENT REHABILITATIONS
VICINITY MAP
NOT TO SCALE
Project Site
Page 65
DATE:January 19, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:William Wittkopf, Public Works Services Director
Jeff Benson, Parks and Landscape Superintendent
Kenneth Fung, Assistant Engineer
SUBJECT:Consideration to Accept the Parks Painting Project FY 20-21 (CO# 2021-
077) as Complete, File the Notice of Completion, and Authorize Release
of Retention and Bonds. (CITY)
RECOMMENDATION:
Staff recommends the City Council:
1. Accept the Parks Painting Project FY 20-21, Contract No. 2021-077, as complete.
2. Approve the final contract amount of $75,340.00
3. Authorize the release of the Faithful Performance Bond.
4. Authorize the release of the Labor and Materials Bond in the amount of $75,340.00, six
months after the recordation of said notice if no claims have been received.
5. Authorize the Public Works Services Director to file a Notice of Completion and release of
the retention in the amount of $3,767.00, 35 days after acceptance.
BACKGROUND:
The Parks Painting Project FY 20-21 scope of work consisted of the prepping, priming, and
painting of various items in Victoria Groves Park (Base Bid), light poles in various paseos within
Landscape Maintenance Districts 2 and 4 and various items in LMD-6. Pertinent information of
the project is as follows:
Publish Dates for Local Paper:April 20, 2021 and April 27, 2021
Bid Opening:May 18, 2021
Contract Award Date:June 16, 2021
Low Bidder:Pacific Contractors Group, Inc.
Budgeted Amount:$138,400
Contract Amount:$75,340
Contingency:$27,465
Final Contract Amount:$75,340
Difference in Contract Amount:$0
Page 66
Page 2
1
0
8
3
ANALYSIS:
The subject project has been completed in accordance with the approved plans and specifications
and to the satisfaction of the Public Works Services Director.
FISCAL IMPACT:
The FY 2020/2021 Adopted Budget included $138,400 for parkway, paseo, and median island
landscape maintenance in LMDs 2, 4R and 6. The funding breakdown is shown in the following
table:
Account Funding Source Description Amount
1131303-5300 LMD 2 Park Facility Painting $68,740
1134303-5300 LMD 4R Park Facility Painting $64,660
1136303-5300 LMD 6 Park Facility Painting $5,000
Total $138,400
The final project cost is $75,340 as shown below:
Account Funding Source Description Amount
1131303-5300 LMD 2 Park Facility Painting $40,184
1134303-5300 LMD 4R Park Facility Painting $29,200
1136303-5300 LMD 6 Park Facility Painting $5,956
Total $75,340
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
By completing this project, this met the Council’s Core Value of continuous improvement and
preservation of the family-oriented atmosphere within the City parks and paseos.
ATTACHMENTS:
Attachment 1 - Notice of Completion
Page 67
Attachment 1 Page 68
DATE:January 19, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Jason C. Welday, Director of Engineering Services/City Engineer
Trina Valdez, Utilities Operations Supervisor
SUBJECT:Consideration to Issue a Purchase Order for the Purchase of Fiber Optic
Equipment from Calix, Inc. in the Amount of $100,000 and an
Appropriation in the Amount of $150,000. (CITY)
RECOMMENDATION:
Staff recommends that the City Council:
1. Approve and authorize a purchase order for the purchase of fiber optic network access
equipment from Calix, Inc. in the amount of $100,000; and
2. Authorize an appropriation in the amount of $150,000 from the Fiber Optic Network Fund
(Fund 711) for the purchase and future purchases.
BACKGROUND:
In May 2017, the City Council approved the City’s Fiber Optic Broadband Master Plan in which a
business plan was devised to incorporate the City’s existing utility, information technology and
traffic fiber conduits to provide high speed broadband service to Rancho Cucamonga residents
and businesses.
As the Rancho Municipal Broadband network continues to expand, having the appropriate
inventory of access equipment available on-hand is necessary to deploy and deliver fiber
broadband services to new customers without delay. The access equipment is installed on the
premise of the residence or business location and is needed for the final point of demarcation
connection.
In order to provide high quality service and a consistent and sustainable operational environment,
in 2018, RCMU standardized on Calix, Inc.’s network access equipment. This equipment
interfaces between the RCMU fiber network and the customer’s home or business network.
ANALYSIS:
The purchase of the equipment is needed to ensure that the new residential community being
developed called Homecoming at the Resort, located at the westside of the Resort Parkway
between Sixth Street and Fourth Street, has the necessary equipment available and is utilizing
the standardized fiber optic equipment that is currently being used for the Rancho Municipal
Broadband network. Staff obtained a pricing from Calix for the network access equipment and
determined it to be deemed as reasonable.
Page 69
Page 2
1
0
8
1
In addition to the residential project and based on the City’s current fiber optic access equipment
inventory, staff has determined that additional equipment will be needed to complete upcoming
projects and new installations in the coming months. As the designs are still being completed and
specific equipment has not been established, the current lead times on the procurement of the
equipment is extensive and could be detrimental for the project should the City not be able to
successfully deliver the fiber broadband services when requested. Staff is requesting the
additional appropriation of $50,000 in preparation of the upcoming purchases to guarantee funds
are available.
FISCAL IMPACT:
An appropriation in the amount of $150,000 from the Fiber Optic Network Fund (Fund 711) to
Account No. 1711303-5200 (O&M/Field Supplies & Equipment) is required to fully fund the
purchases.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
This item addresses the City Council’s vision for the City by ensuring the construction and
maintenance of high-quality public improvements that promote a world class community. This is
accomplished by ensuring the City has the proper new fiber optic equipment available to install.
ATTACHMENTS:
None.
Page 70
DATE:January 19, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Lori Sassoon, Deputy City Manager/Administrative Services
SUBJECT:Consideration of Amendment No. 1 to the Agreement with Kosmont &
Associates, Inc., for Services Related to the Formation of an Enhanced
Infrastructure Financing District (EIFD). (CITY)
RECOMMENDATION:
Staff recommends that the City Council approve Amendment No. 1 to the Agreement with
Kosmont & Associates, Inc.
BACKGROUND:
Prior to the 2012 elimination of redevelopment agencies in California, Rancho Cucamonga and
many other cities used tax increment financing to invest in infrastructure to support the
development of their communities. With the dissolution of redevelopment agencies, that important
tool was lost in our state.
In 2014, SB 628 created a new tool called the Enhanced Infrastructure Financing District (EIFD).
In a manner similar to how redevelopment worked, EIFD’s provide for the use of tax increment
financing for certain types of infrastructure and other public investments. The original legislation
has since been amended a number of times to further clarify how EIFD’s work and provide for
additional uses of EIFD revenues. The attached white paper from Kosmont Companies provides
for a brief overview of how EIFD’s function (Attachment 1).
Importantly, it must be noted that EIFD’s do NOT result in new taxes or tax increases for property
owners. In essence, the EIFD obligates the City and other participating taxing entities to redirect
a portion of existing property taxes toward the new financing authority for the purposes of
financing the desired infrastructure. This tool is known as tax increment financing. In that way, it
functions much like the way in which redevelopment financed its activities.
ANALYSIS:
In 2021, the City retained Kosmont Companies to assist with an evaluation regarding how an
EIFD might be used to make targeted major infrastructure investments in support of the new
General Plan and to capitalize on the coming investments at Cucamonga Station. On
November 3, 2021, the City Council held a study session to discuss this possible EIFD. At the
session, the Council received an overview of Phase 1 of Kosmont’s work, which was a feasibility
analysis regarding the EIFD. At the end of the session, the Council’s concensus was to move
forward with the formation process, with the City and the Fire District as the participating taxing
entities that will contribute a portion of their property tax increment. If the County of San
Bernardino choses to participate at a later date, the EIFD can be amended to reflect that action.
Page 71
Page 2
1
0
9
2
The proposed amendment to the existing Professional Services Agreement will provide for
Kosmont’s assistance to the Finance Department through the formation process, which will begin
in January 2022 and be completed in late summer 2022. These tasks will include preparation of
formation documents, formation of a Public Financing Authority (PFA), drafting an Infrastructure
Financing Plan (IFP), communicating with property owners and other public agencies, and holding
public hearings.
The following is an outline of the key formation milestones that the City Council and the community
can expect over the coming months:
February/March – Adoption of Resolutions of Intent to form the EIFD and establish the
Public Financing Authority; preparation of the Infrastructure Financing Plan (IFP)
March – Distribution of the draft IFP to property owners, City Council, and Planning
Commission; PFA holds an initial public meeting to present the draft IFP
April – PFA holds its first public hearing to receive comments on the IFP
May – PFA holds second public hearing to receive comments, and take action on the IFP
May/June – City Council and Fire Board consider resolutions approving the IFP
June – PFA holds third public hearing to consider oral and written protests, and take action
to terminate proceedings or adopt IFP
It is recommended that the City Council approve Amendment No. 1 to the Agreement. This
amendment is on file in the City Clerk’s Office.
As this process moves forward, City staff will work to provide further information to the community
and the various stakeholders regarding the EIFD, how it functions, and the proposed public
infrastructure projects to be financed.
FISCAL IMPACT:
The estimated cost for Amendment No 1 is $59,500. The actual cost for the Phase 1 analysis was
$28,730, bringing the total cost of the amended agreement to $88,230.
Funds are available for this project in the FY 2021-22 budget.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
The establishment of an EIFD is in keeping with the Council’s core values of intentionally
embracing and anticipating the future, and providing and nurturing a high quality of life for all.
ATTACHMENTS:
Attachment 1 – EIFD White Paper
Page 72
Kosmont Companies
Mailing Address: 1601 N. Sepulveda Blvd., #382 (424) 297-1070 Physical Address: 1230 Rosecrans Ave., #630
Manhattan Beach, CA 90266 www.kosmont.com Manhattan Beach, CA 90266
Enhanced Infrastructure Financing District (“EIFD”) Overview
Enhanced Infrastructure Financing Districts (“EIFD”) are an economic development and public finance
tool introduced by Senate Bill 628 in 2014. EIFDs are the predominant form of Tax Increment Financing
(“TIF”) in California following the dissolution of Redevelopment Agencies in 2012.
EIFD and TIF are a form of value-capture, where a lead agency (must be a city or a county) designates
a boundary around parcels positioned for new development or rehabilitation. The assessed property
value within the district is “frozen” at the time of formation as the “baseline” of assessed value for the
district. Over time, as new development or rehabilitation occurs and new property value is added to
properties within the district, participating taxing entities can dedicate all or a portion of the new
incremental property tax from values above the baseline (“property tax increment”) to the EIFD with a
dedicated purpose of funding infrastructure (and optionally affordable housing).
Current law includes a lengthy definition of infrastructure eligible to be funded by EIFDs, including
roadway, utility, open space, and transit improvements, remediation activities, government facilities,
parking, broadband infrastructure, affordable housing, and numerous other categories, preceded by the
phrase “including, but not limited to”, demonstrating the legislative intent for the tool to be flexible.
EIFDs can also fund improvements outside of the district boundary, so long as the improvements
benefit the properties within the district boundary. EIFDs can also fund maintenance costs, so long as
the assets being maintained were initially installed at least partially utilizing EIFD funding.
EIFDs do not create a new tax, nor do they encumber any existing agency revenues or resources.
EIFDs allow taxing entities like cities, counties, and special district to set aside, similar to a retirement
account, a portion of future property tax revenues for special purposes, such as infrastructure. When
EIFDs are delineated and utilized appropriately, the argument is that the new assessed property value
growth from new development and rehabilitation would not have otherwise occurred but for the creation
of the EIFD and the dedication of revenues to solve for critical infrastructure needs. This argument has
historically been well-received by private sector development and investment entities as well as third-
party grant sources, which rely on the property tax increment dedication as complementary and local
match funding, respectively.
EIFD property tax increment may be used on a pay-as-you-go basis or leveraged in the form of EIFD
bond issuances. There is no public vote required to form an EIFD or to issue EIFD debt; however, the
formation process includes a series of public meetings and hearings that allows the community to
comment on the proposed Infrastructure Financing Plan (“IFP”) that would govern EIFD activities. The
final public hearing includes an opportunity for landowners and residents within the district boundary to
protest formation of the district. If more than 50% of the combined number of landowners and residents
within the EIFD protest formation, the process must halt for at least one year. If no protest occurs, the
EIFD is authorized for both formation and future debt issuance.
The EIFD is governed by an entity called the Public Financing Authority (“PFA”). The composition of the
PFA varies, depending on which taxing entities are committing property tax increment to the EIFD. In a
scenario where the lead agency (such as the City of Rancho Cucamonga) is the only entity contributing
property tax increment, the PFA is comprised of five members, including three members of the city
council and two members of the public appointed by the city council. If two or more taxing entities are
contributing property tax increment, such as the City of Rancho Cucamonga and the County of San
ATTACHMENT 1
Page 73
City of Rancho Cucamonga
EIFD Overview
October 26, 2021
Kosmont Companies 2 | Page
(424) 297-1070
www.kosmont.com
Bernardino, the PFA is comprised of at least five members (could be more), where the majority (e.g.,
three out of five) are either members of the city council or members of the county board of supervisors,
and at least two public members appointed by elected officials of the participating taxing entities. For
the EIFDs established so far in California where a city and a county are both contributing property tax
increment, the “template” for PFA composition has been two members of the city council, one member
of the county board of supervisors, one member of the public appointed by the city council, and one
member of the public appointed by the county board of supervisors, for a total of five members.
There are approximately ten EIFDs established in California as of the time of this report, and there are
more than ten additional EIFDs currently in the formation process.
Page 74
DATE:January 19, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Jason C. Welday, Director of Engineering Services/City Engineer
Annette Cano-Soza, Assistant Engineer
SUBJECT:Consideration of the Improvement Agreement and Improvement
Securities for Street Improvements, Order Annexation to Landscape
Maintenance District No. 9, Street Light Maintenance Districts Nos. 1 and
8 for Case No. DRC2014-01130, Located at the Northwest Corner of
Foothill Blvd. and East Avenue. (RESOLUTION NO. 2022-017)
(RESOLUTION NO. 2022-018), (RESOLUTION NO. 2022-019) (CITY)
RECOMMENDATION:
Staff recommends that the City Council:
1. Approve an Improvement Agreement for related public improvements and authorize the
Mayor and the City Clerk to sign said agreement;
2. Approve the plans and specifications for the related public improvements on file with the
City Engineer;
3. Accept security in the form of bonds for completion of the related public improvements;
and
4. Adopt the attached resolutions ordering the annexation to Landscape Maintenance District
No. 9 and Street Lighting Maintenance Districts Nos. 1 and 8.
BACKGROUND:
On May 11, 2016, the Planning Commission approved Case No. DRC2014-01130 for the
development of a 193-unit, multi-family residential development with 3,246 square feet of
commercial/live work space on 8.8 acres of land within the Community Commercial (CC) Zoning
District, located at the northwest corner of Foothill Blvd. and East Avenue.
Case No. DRC2014-01130 was approved subject to a condition that certain public improvements
be constructed including; curb and gutter, sidewalk, a driveway approach, traffic signal
modification, street improvements and storm drain improvements.
ANALYSIS:
The developer, Foothill and East, LLC has submitted an Improvement Agreement and securities
to guarantee construction of the off-site public improvements in the following amounts:
Faithful Performance Bond # 0811844 $709,600
Labor and Material Bond # 0811844 $709,600
Page 75
Page 2
1
0
7
9
Approval of this item by Council would approve the Improvement Agreement, accept the securities
for the construction of certain public improvements, and order the annexation into Landscape
Maintenance District 9 and Street Light Maintenance Districts 1 and 8. Copies of the agreement
and the Consent and Waiver to Annexation forms are on file in the City Clerk’s Office.
FISCAL IMPACT:
The proposed annexations would satisfy the conditions of approval for the development and
supply additional annual revenue into the landscape and lighting maintenance districts in the
following amounts:
Landscape Maintenance District No. 9 $60,200.56
Street Light Maintenance District No. 1 $3,429.61
Street Light Maintenance District No. 8 $5,905.80
The developer will be installing 10 new street trees and 4 new street lights that will be maintained
by the City.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
This item addresses the City Council’s vision for the City by ensuring the construction of high-
quality improvements that promote a world class community.
ATTACHMENTS:
Attachment 1 - Vicinity Map
Attachment 2 - Resolution Ordering Annexation LMD 9
Attachment 3 - Resolution Ordering Annexation SLD 1
Attachment 4 - Resolution Ordering Annexation SLD 8
Page 76
ATTACHMENT 1
1
6
0
7
DRC2014-01130
Vicinity Map
NOT TO SCALE
Project Site
Page 77
Resolution No. 20XX-XXX – Page 1 of 7 ATTACHMENT #2
RESOLUTION NO. 20XX - XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 9 (LOWER ETIWANDA) FOR
CASE NO. DRC2014-01130
WHEREAS, the City Council of the City of Rancho Cucamonga, California, has
previously formed a special maintenance district pursuant to the terms of the “Landscape and
Lighting Act of 1972”, being Division 15, Part 2 of the Streets and Highways Code of the State of
California (the “Act”, said special maintenance district known and designated as Landscape
Maintenance District No. 9 (Lower Etiwanda) (the “District”); and
WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation
of additional territory to the District; and
WHEREAS, such provisions also provide that the requirement for the preparation of
resolutions, and assessment engineer’s report, notices of public hearing and the right of majority
protest may be waived in writing with the written consent of all of the owners of property within
the territory to be annexed; and
WHEREAS, notwithstanding that such provisions of the Act related to the annexation of
territory to the District, Article XIII D of the Constitution of the State of California (“Article XIII D”)
establishes certain procedural requirements for the authorization to levy assessments which
apply to the levy of annual assessments for the District on the territory proposed to be annexed
to such District; and
WHEREAS, the owners of certain property described in Exhibit A attached hereto, and
incorporated herein by this reference, have requested that such property (collectively, the
“Territory”) be annexed to the District in order to provide for the levy of annual assessments to
finance the maintenance of certain improvements described in Exhibit B hereto (the
“Improvements”); and
WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed
forms entitled “Consent And Waiver To Annexation Of Certain Real Property To A Maintenance
District And Approval Of The Levy Of Assessments On Such Real Property” (the “Consent and
Waiver”); and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have
expressly waived any and all of the procedural requirements as prescribed in the Act to the
annexation of the Territory to the District and have expressly consented to the annexation of the
Territory to the District; and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also
expressly waived any and all of the procedural requirements as prescribed in the Act and/or
Article XIII D applicable to the authorization to levy the proposed annual assessment against the
Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and
Page 78
Resolution No. 2021-XXXX- Page 2 of 7
have declared support for, consent to and approval of the authorization to levy such proposed
annual assessment set forth in Exhibit C attached hereto; and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also
expressly agreed for themselves, their heirs, successors and assigns that:
(1) The proportionate special benefit derived by each parcel in the Territory
from the District Improvements has been determined in relationship to the entirety of the
maintenance and operation expenses of the Improvements;
(2) The proposed annual assessment does not exceed the reasonable cost
of the proportional special benefit from the Improvements conferred on each parcel in the
Territory.
(3) Only the special benefits derived or to be derived by each parcel in the
Territory from the Improvements have been included in the proposed annual assessment.
WHEREAS, at this time the City Council desires to order the annexation of the Territory
to the District and to authorize the levy of annual assessments against the Territory in amounts
not to exceed the amounts set forth in Exhibit C hereto.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA
HEREBY RESOLVES AS FOLLOWS:
SECTION 1: That the above recitals are true and correct.
SECTION 2: The City Council hereby finds and determines that:
a. The annual assessments proposed to be levied on each parcel in the
Territory do not exceed the reasonable cost of the proportional special
benefit conferred on each such parcel from the Improvements.
b. The proportional special benefit derived by each parcel in the Territory
from the Improvements has been determined in relationship to the
entirety of the cost of the maintenance of the Improvement.
c. Only special benefits will be assessed on the Territory by the levy of
the proposed annual assessments.
SECTION 3: This legislative body hereby orders the annexation the Territory to
the District, approves the financing of the maintenance of the Improvements from the proceeds
of annual assessments to be levied against the Territory and approves and orders the levy of
annual assessments against the Territory in amounts not to exceed the amounts set forth in
Exhibit C.
SECTION 4: All future proceedings of the District, including the levy of all
assessments, shall be applicable to the Territory.
PASSED, APPROVED, AND ADOPTED this day of 2021.
Page 79
Resolution No. 2021-XXXX- Page 3 of 7
Exhibit A
Identification of the Owner and Description of the Property to be Annexed
The Owner of the Property is:
FOOTHILL & EAST, LLC
The legal description of the Property is:
PARCEL 1:
ALL THAT PORTION OF THE SOUTHWEST 1/4 OF SECTION 4, TOWNSHIP 1 SOUTH, RANGE 6
WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE
OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, LYING SOUTH OF LOT 9,
BLOCK “Y" OF THE ETIWANDA COLONY LANDS, AS PER PLAT RECORDED IN BOOK 2, PAGE 24
OF MAPS, RECORDS OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY, BEING ALSO
DESCRIBED AS A TRACT OF LAND INCLUDED IN BLOCK "Y" BOUNDED ON THE EAST BY THE
PROLONGATION SOUTH OF THE EAST LINE OF SAID LOT 9 AND ON THE WEST BY THE
PROLONGATION SOUTH OF THE WEST LINE OF SAID LOT 9 AND EXTENDING FROM SAID LOT 9
ON THE NORTH TO THE SOUTH BOUNDARY OF SAID BLOCK ON SOUTH, WHICH IS ALSO THE
SOUTH LINE OF SAID 1/4 SECTION.
EXCEPTING THEREFROM THE PARCEL OF LAND AS FOLLOWS:
ALL OF THAT PORTION OF THE SOUTHWEST 1/4 OF SECTION 4, TOWNSHIP 1 SOUTH, RANGE 6
WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE
OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTERLINE INTERSECTION OF FOOTHILL BOULEVARD AND EAST AVENUE
AS SHOWN ON RECORD OF SURVEY MAP, IN BOOK 2, PAGE 62 RECORDS OF SAID COUNTY;
THENCE NORTH 0° 11' 13" EAST ALONG SAID CENTERLINE OF EAST AVENUE, A DISTANCE OF
50.00 FEET; THENCE SOUTH 89° 24' 00" WEST ALONG THE NORTH RIGHT-AT-WAY LINE OF SAID
FOOTHILL BOULEVARD, A DISTANCE OF 194.02 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 80° 24' 00" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE OF
FOOTHILL BOULEVARD, A DISTANCE OF 81.01 FEET; THENCE NORTH 0° 11’13" EAST PARALLEL
TO SAID CENTERLINE OF EAST AVENUE A DISTANCE OF 330.04 FEET; THENCE NORTH 89° 24'
00" EAST PARALLEL TO SAID NORTHERLY RIGHT-OF-WAY LINE OF FOOTHILL BOULEVARD, A
DISTANCE OF 111.01 FEET; THENCE SOUTH 0° 11' 13" WEST PARALLEL TO SAID CENTER-LINE
OF EAST AVENUE, A DISTANCE OF 170.02 FEET; THENCE SOUTH 89° 24' 00" WEST PARALLEL TO
SAID NORTHERLY RIGHT-OF-WAY LINE OF FOOTHILL BOULEVARD, A DISTANCE OF 30.00 FEET;
THENCE SOUTH 0° 11' 13" WEST PARALLEL TO SAID CENTERLINE OF EAST AVENUE A
DISTANCE OF 160.02 FEET TO THE TRUE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LYING WITHIN THE SOUTHWEST
ONEQUARTER OF SECTION 4, TOWNSHIP. 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO
MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS CONVEYED TO
THE CUCAMONGA VALLEY WATER DISTRICT BY DEED RECORDED JULY 7, 2005 AS
INSTRUMENT NO. 2005-0486295 OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
Page 80
Resolution No. 2021-XXXX- Page 4 of 7
BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF LOT 9 IN BLOCK "Y" OF THE
ETIWANDA COLONY LANDS, PER PLAT RECORDED IN BOOK 2 PAGE 24 OF MAPS, RECORDS OF
THE COUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WITH
THE SOUTHEAST LINE OF AN EASEMENT TO THE SOUTHERN CALIFORNIA GAS COMPANY AND
THE SOUTHERN COUNTIES GAS COMPANY OF SOUTHERN CALIFORNIA, RECORDED MARCH 16,
1960 IN BOOK 5084, PAGE 134 OFFICIAL RECORDS OF SAID COUNTY;
THENCE EASTERLY ALONG SAID SOUTH LINE OF LOT 9, A DISTANCE OF 150 FEET;
THENCE SOUTHERLY PARALLEL WITH THE SOUTHERLY PROLONGATION OF THE WEST LINE
OF LOT 9, A DISTANCE OF 75 FEET;
THENCE WESTERLY PARALLEL WITH SAID SOUTH LINE OF LOT 9 TO SAID SOUTHEAST LINE OF
SAID EASEMENT;
THENCE NORTHEASTERLY ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING.
PARCEL 2:
THAT PORTION OF LAND LYING WITHIN THE SOUTHWEST 1/4 OF SECTION 4, TOWNSHIP 1
SOUTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTERLINE INTERSECTION OF FOOTHILL BOULEVARD AND EAST AVENUE
AS SHOWN ON RECORD OF SURVEY MAP, IN BOOK 2, PAGE 62 RECORDS OF SAID COUNTY;
THENCE NORTH 0° IT 13" EAST ALONG SAID CENTERLINE OF EAST AVENUE, A DISTANCE OF
50.00 FEET; THENCE SOUTH 89° 24* 00" WEST ALONG THE NORTH RIGHT-AT-WAY LINE OF SAID
FOOTHILL BOULEVARD, A DISTANCE OF 194.02 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 80° 24' 00" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE OF
FOOTHILL BOULEVARD, A DISTANCE OF 81.01 FEET; THENCE NORTH 0° 11' 13" EAST PARALLEL
TO SAID CENTERLINE OF EAST AVENUE A DISTANCE OF 330.04 FEET; THENCE NORTH 89° 24'
00" EAST PARALLEL TO SAID NORTHERLY RIGHT-OF-WAY LINE OF FOOTHILL BOULEVARD, A
DISTANCE OF 111.01 FEET; THENCE SOUTH 0° 11' 13" WEST PARALLEL TO SAID CENTER- LINE
OF EAST AVENUE, A DISTANCE OF 170.02 FEET; THENCE SOUTH 89° 24' 00" WEST PARALLEL TO
SAID NORTHERLY RIGHT-OF-WAY LINE OF FOOTHILL BOULEVARD, A DISTANCE OF 30.00 FEET;
THENCE SOUTH 0° IT 13" WEST PARALLEL TO SAID CENTERLINE OF EAST AVENUE A DISTANCE
OF 160.02 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 3:
ALL THAT PORTION OF THE EAST 1/2 OF SECTION 4, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN
BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE UNITED STATES GOVERNMENT
TOWNSHIP PLAT THEREOF, LYING WEST OF THE WEST LINE OF EAST AVENUE, AS SHOWN ON
LICENSED LAND SURVEYORS MAP, IN BOOK 2, PAGE 62 RECORD OF SURVEYS, RECORDS OF
SAID COUNTY, AND LYING SOUTH OF THE EASTERLY EXTENSION OF THE SOUTH LINE OF LOT
9, BLOCK "Y", ETIWANDA COLONY LANDS, AS PER PLAT RECORDED IN BOOK 2, PAGE 24 OF
MAPS, RECORDS OF SAID COUNTY.
EXCEPT THEREFROM AN UNDIVIDED 1/2 INTEREST OF ALL OIL, GAS AND MINERALS AND AN
UNDIVIDED 1/2 INTEREST OF ALL OIL, GAS AND MINERAL RIGHTS UPON AND UNDER THE LAND
HEREIN DESCRIBED, AND THE RIGHT TO ENTER THEREON AND TO USE IN A PROPER MANNER
SO MUCH OF THE SURFACE AS MAY BE REASONABLE FOR THE PURPOSE OF EXTRACTING
THE OIL, GAS AND MINERAL THEREON AND THEREUNDER, AS RESERVED IN THE DEED FROM
SECURITY-FIRST NATIONAL BANK OF LOS ANGELES, TO WALTER T. CASEY, A MARRIED MAN,
RECORDED AUGUST 21, 1937 IN BOOK 1219, PAGE 483 OFFICIAL RECORDS. THE RIGHT OF
ENTRY WAS QUITCLAIMED BY THE SECURITY-FIRST NATIONAL BANK OF LOS ANGELES, TO
Page 81
Resolution No. 2021-XXXX- Page 5 of 7
THE OWNER OR OWNERS OF RECORD, BY DEED DATED SEPTEMBER 24, 1952 AND RECORDED
OCTOBER 10,1952 IN BOOK 3035, PAGE 303 OFFICIAL RECORDS.
NOTE: SAID LAND IS ALSO SHOWN ON LICENSED LAND SURVEYOR'S MAP RECORDED IN BOOK
2, PAGE 62 RECORD OF SURVEYS.
Assessor’s Parcels Numbers of the Property:
1100-201-07-0-000
1100-201-03-0-000
1100-201-04-0-000
Page 82
Resolution No. 2021-XXXX- Page 6 of 7
Exhibit B
Description of the District Improvements
Fiscal Year 2021/22
Landscape Maintenance District No. 9 (Lower Etiwanda):
Landscape Maintenance District No. 9 (Lower Etiwanda) (the “Maintenance District”) represents
landscape sites throughout the Lower Etiwanda Area.
The various sites maintained by the district consist of parkways, median islands and street
trees.
Proposed additions to the Improvements for Project Case No. DRC2014-01130:
10 new street trees
Page 83
Resolution No. 2021-XXXX- Page 7 of 7
Exhibit C
Proposed Annual Assessment
Fiscal Year 2021/22
Landscape Maintenance District No. 9 (Lower Etiwanda):
The rate per Equivalent Dwelling Unit (EDU) is $311.92 for the fiscal year 2021/22. The
following table summarizes the assessment rate for Landscape Maintenance District No. 9
(Lower Etiwanda) for Case No. DRC2014-01130:
Land Use Basis
EBU
Factor*
Rate per
EBU*
Single Family Residential Parcel 1.00 $311.92
Multi-Family Residential Unit 1.00 311.92
Non-Residential Acre 2.00 311.92
The proposed annual assessment for the property described in Exhibit A is as follows:
193 Units x 1.00 EBU Factor x $311.92 Rate per EBU = $60,200.56 Annual Assessment
*Commencing with fiscal year 2001/02, the amount of the assessment for the District is
proposed to increase each year, based upon the Consumer Price Index for all Urban
Consumers (CPI-U), for the Riverside – San Bernardino – Ontario Consumer Price Index area,
as determined by the United State Department of Labor, Bureau of Labor Statistics, or its
successor. The Engineer shall compute the percentage difference between the CPI for March
of each year and the CPI for the previous March, and shall then adjust the assessment by an
amount not to exceed such percentage for the following year.
Page 84
Resolution No. 20XXX-XXXX - Page 1 of 7 ATTACHMENT 3
RESOLUTION NO. 20XX - XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT
MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) FOR
CASE NO. DRC2014-01130
WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously
formed a special maintenance district pursuant to the terms of the “Landscape and Lighting Act
of 1972”, being Division 15, Part 2 of the Streets and Highways Code of the State of California
(the “Act”, said special maintenance district known and designated as Street Light Maintenance
District No. 1 (Arterial Streets) (the “District”); and
WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of
additional territory to the District; and
WHEREAS, such provisions also provide that the requirement for the preparation of
resolutions, and assessment engineer’s report, notices of public hearing and the right of majority
protest may be waived in writing with the written consent of all of the owners of property within
the territory to be annexed; and
WHEREAS, notwithstanding that such provisions of the Act related to the annexation of
territory to the District, Article XIII D of the Constitution of the State of California (“Article XIII D”)
establishes certain procedural requirements for the authorization to levy assessments which apply
to the levy of annual assessments for the District on the territory proposed to be annexed to such
District; and
WHEREAS, the owners of certain property described in Exhibit A attached hereto, and
incorporated herein by this reference, have requested that such property (collectively, the
“Territory”) be annexed to the District in order to provide for the levy of annual assessments to
finance the maintenance of certain improvements described in Exhibit B hereto (the
“Improvements”); and
WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed
forms entitled “Consent And Waiver To Annexation Of Certain Real Property To A Maintenance
District And Approval Of The Levy Of Assessments On Such Real Property” (the “Consent and
Waiver”); and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly
waived any and all of the procedural requirements as prescribed in the Act to the annexation of
the Territory to the District and have expressly consented to the annexation of the Territory to the
District; and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also
expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article
XIII D applicable to the authorization to levy the proposed annual assessment against the Territory
set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared
support for, consent to and approval of the authorization to levy such proposed annual
assessment set forth in Exhibit C attached hereto; and
Page 85
Resolution No. 20XX-XXX – Page 2 of 7
1
9
8
3
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also
expressly agreed for themselves, their heirs, successors and assigns that:
(1) The proportionate special benefit derived by each parcel in the Territory
from the District Improvements has been determined in relationship to the entirety of the
maintenance and operation expenses of the Improvements;
(2) The proposed annual assessment does not exceed the reasonable cost of
the proportional special benefit from the Improvements conferred on each parcel in the Territory.
(3) Only the special benefits derived or to be derived by each parcel in the
Territory from the Improvements have been included in the proposed annual assessment.
WHEREAS, at this time the City Council desires to order the annexation of the Territory
to the District and to authorize the levy of annual assessments against the Territory in amounts
not to exceed the amounts set forth in Exhibit C hereto.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA
HEREBY RESOLVES AS FOLLOWS:
SECTION 1: That the above recitals are true and correct.
SECTION 2: The City Council hereby finds and determines that:
a. The annual assessments proposed to be levied on each parcel in the
Territory do not exceed the reasonable cost of the proportional
special benefit conferred on each such parcel from the
Improvements.
b. The proportional special benefit derived by each parcel in the
Territory from the Improvements has been determined in relationship
to the entirety of the cost of the maintenance of the Improvement.
c. Only special benefits will be assessed on the Territory by the levy of
the proposed annual assessments.
SECTION 3: This legislative body hereby orders the annexation the Territory to
the District, approves the financing of the maintenance of the Improvements from the proceeds
of annual assessments to be levied against the Territory and approves and orders the levy of
annual assessments against the Territory in amounts not to exceed the amounts set forth in
Exhibit C.
SECTION 4: All future proceedings of the District, including the levy of all
assessments, shall be applicable to the Territory.
PASSED, APPROVED, AND ADOPTED this day of 2021.
Page 86
Resolution No. 20XX-XXX – Page 3 of 7
1
9
8
3
Exhibit A
Identification of the Owner and Description of the Property to be Annexed
The Owner of the Property is:
FOOTHILL & EAST, LLC
The legal description of the Property is:
PARCEL 1:
ALL THAT PORTION OF THE SOUTHWEST 1/4 OF SECTION 4, TOWNSHIP 1 SOUTH, RANGE 6
WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE
OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, LYING SOUTH OF LOT 9,
BLOCK “Y" OF THE ETIWANDA COLONY LANDS, AS PER PLAT RECORDED IN BOOK 2, PAGE 24
OF MAPS, RECORDS OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY, BEING ALSO
DESCRIBED AS A TRACT OF LAND INCLUDED IN BLOCK "Y" BOUNDED ON THE EAST BY THE
PROLONGATION SOUTH OF THE EAST LINE OF SAID LOT 9 AND ON THE WEST BY THE
PROLONGATION SOUTH OF THE WEST LINE OF SAID LOT 9 AND EXTENDING FROM SAID LOT 9
ON THE NORTH TO THE SOUTH BOUNDARY OF SAID BLOCK ON SOUTH, WHICH IS ALSO THE
SOUTH LINE OF SAID 1/4 SECTION.
EXCEPTING THEREFROM THE PARCEL OF LAND AS FOLLOWS:
ALL OF THAT PORTION OF THE SOUTHWEST 1/4 OF SECTION 4, TOWNSHIP 1 SOUTH, RANGE 6
WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE
OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTERLINE INTERSECTION OF FOOTHILL BOULEVARD AND EAST AVENUE
AS SHOWN ON RECORD OF SURVEY MAP, IN BOOK 2, PAGE 62 RECORDS OF SAID COUNTY;
THENCE NORTH 0° 11' 13" EAST ALONG SAID CENTERLINE OF EAST AVENUE, A DISTANCE OF
50.00 FEET; THENCE SOUTH 89° 24' 00" WEST ALONG THE NORTH RIGHT-AT-WAY LINE OF SAID
FOOTHILL BOULEVARD, A DISTANCE OF 194.02 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 80° 24' 00" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE OF
FOOTHILL BOULEVARD, A DISTANCE OF 81.01 FEET; THENCE NORTH 0° 11’13" EAST PARALLEL
TO SAID CENTERLINE OF EAST AVENUE A DISTANCE OF 330.04 FEET; THENCE NORTH 89° 24'
00" EAST PARALLEL TO SAID NORTHERLY RIGHT-OF-WAY LINE OF FOOTHILL BOULEVARD, A
DISTANCE OF 111.01 FEET; THENCE SOUTH 0° 11' 13" WEST PARALLEL TO SAID CENTER-LINE
OF EAST AVENUE, A DISTANCE OF 170.02 FEET; THENCE SOUTH 89° 24' 00" WEST PARALLEL TO
SAID NORTHERLY RIGHT-OF-WAY LINE OF FOOTHILL BOULEVARD, A DISTANCE OF 30.00 FEET;
THENCE SOUTH 0° 11' 13" WEST PARALLEL TO SAID CENTERLINE OF EAST AVENUE A
DISTANCE OF 160.02 FEET TO THE TRUE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LYING WITHIN THE SOUTHWEST
ONEQUARTER OF SECTION 4, TOWNSHIP. 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO
MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS CONVEYED TO
THE CUCAMONGA VALLEY WATER DISTRICT BY DEED RECORDED JULY 7, 2005 AS
INSTRUMENT NO. 2005-0486295 OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF LOT 9 IN BLOCK "Y" OF THE
ETIWANDA COLONY LANDS, PER PLAT RECORDED IN BOOK 2 PAGE 24 OF MAPS, RECORDS OF
THE COUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WITH
Page 87
Resolution No. 20XX-XXX – Page 4 of 7
1
9
8
3
THE SOUTHEAST LINE OF AN EASEMENT TO THE SOUTHERN CALIFORNIA GAS COMPANY AND
THE SOUTHERN COUNTIES GAS COMPANY OF SOUTHERN CALIFORNIA, RECORDED MARCH 16,
1960 IN BOOK 5084, PAGE 134 OFFICIAL RECORDS OF SAID COUNTY;
THENCE EASTERLY ALONG SAID SOUTH LINE OF LOT 9, A DISTANCE OF 150 FEET;
THENCE SOUTHERLY PARALLEL WITH THE SOUTHERLY PROLONGATION OF THE WEST LINE
OF LOT 9, A DISTANCE OF 75 FEET;
THENCE WESTERLY PARALLEL WITH SAID SOUTH LINE OF LOT 9 TO SAID SOUTHEAST LINE OF
SAID EASEMENT;
THENCE NORTHEASTERLY ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING.
PARCEL 2:
THAT PORTION OF LAND LYING WITHIN THE SOUTHWEST 1/4 OF SECTION 4, TOWNSHIP 1
SOUTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTERLINE INTERSECTION OF FOOTHILL BOULEVARD AND EAST AVENUE
AS SHOWN ON RECORD OF SURVEY MAP, IN BOOK 2, PAGE 62 RECORDS OF SAID COUNTY;
THENCE NORTH 0° IT 13" EAST ALONG SAID CENTERLINE OF EAST AVENUE, A DISTANCE OF
50.00 FEET; THENCE SOUTH 89° 24* 00" WEST ALONG THE NORTH RIGHT-AT-WAY LINE OF SAID
FOOTHILL BOULEVARD, A DISTANCE OF 194.02 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 80° 24' 00" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE OF
FOOTHILL BOULEVARD, A DISTANCE OF 81.01 FEET; THENCE NORTH 0° 11' 13" EAST PARALLEL
TO SAID CENTERLINE OF EAST AVENUE A DISTANCE OF 330.04 FEET; THENCE NORTH 89° 24'
00" EAST PARALLEL TO SAID NORTHERLY RIGHT-OF-WAY LINE OF FOOTHILL BOULEVARD, A
DISTANCE OF 111.01 FEET; THENCE SOUTH 0° 11' 13" WEST PARALLEL TO SAID CENTER- LINE
OF EAST AVENUE, A DISTANCE OF 170.02 FEET; THENCE SOUTH 89° 24' 00" WEST PARALLEL TO
SAID NORTHERLY RIGHT-OF-WAY LINE OF FOOTHILL BOULEVARD, A DISTANCE OF 30.00 FEET;
THENCE SOUTH 0° IT 13" WEST PARALLEL TO SAID CENTERLINE OF EAST AVENUE A DISTANCE
OF 160.02 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 3:
ALL THAT PORTION OF THE EAST 1/2 OF SECTION 4, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN
BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE UNITED STATES GOVERNMENT
TOWNSHIP PLAT THEREOF, LYING WEST OF THE WEST LINE OF EAST AVENUE, AS SHOWN ON
LICENSED LAND SURVEYORS MAP, IN BOOK 2, PAGE 62 RECORD OF SURVEYS, RECORDS OF
SAID COUNTY, AND LYING SOUTH OF THE EASTERLY EXTENSION OF THE SOUTH LINE OF LOT
9, BLOCK "Y", ETIWANDA COLONY LANDS, AS PER PLAT RECORDED IN BOOK 2, PAGE 24 OF
MAPS, RECORDS OF SAID COUNTY.
EXCEPT THEREFROM AN UNDIVIDED 1/2 INTEREST OF ALL OIL, GAS AND MINERALS AND AN
UNDIVIDED 1/2 INTEREST OF ALL OIL, GAS AND MINERAL RIGHTS UPON AND UNDER THE LAND
HEREIN DESCRIBED, AND THE RIGHT TO ENTER THEREON AND TO USE IN A PROPER MANNER
SO MUCH OF THE SURFACE AS MAY BE REASONABLE FOR THE PURPOSE OF EXTRACTING
THE OIL, GAS AND MINERAL THEREON AND THEREUNDER, AS RESERVED IN THE DEED FROM
SECURITY-FIRST NATIONAL BANK OF LOS ANGELES, TO WALTER T. CASEY, A MARRIED MAN,
RECORDED AUGUST 21, 1937 IN BOOK 1219, PAGE 483 OFFICIAL RECORDS. THE RIGHT OF
ENTRY WAS QUITCLAIMED BY THE SECURITY-FIRST NATIONAL BANK OF LOS ANGELES, TO
THE OWNER OR OWNERS OF RECORD, BY DEED DATED SEPTEMBER 24, 1952 AND RECORDED
OCTOBER 10,1952 IN BOOK 3035, PAGE 303 OFFICIAL RECORDS.
Page 88
Resolution No. 20XX-XXX – Page 5 of 7
1
9
8
3
NOTE: SAID LAND IS ALSO SHOWN ON LICENSED LAND SURVEYOR'S MAP RECORDED IN BOOK
2, PAGE 62 RECORD OF SURVEYS.
Assessor’s Parcels Numbers of the Property:
1100-201-07-0-000
1100-201-03-0-000
1100-201-04-0-000
Page 89
Resolution No. 20XX-XXX – Page 6 of 7
1
9
8
3
Exhibit B
Description of the District Improvements
Fiscal Year 2019/20
Street Light Maintenance District No. 1 (Arterial Streets):
Street Light Maintenance District No. 1 (Arterial Streets) (the “Maintenance District”) is used to
fund the maintenance and/or installation of street lights and traffic signals located on arterial
streets throughout the City. These sites consist of several non-contiguous areas throughout the
City.
The sites maintained by the district consist of street lights on arterial streets and traffic signals on
arterial streets within the rights-of-way or designated easements of streets dedicated to the City.
Proposed additions to the Improvements for Project Case No. DRC2014-01130:
4 LED street lights
Page 90
Resolution No. 20XX-XXX – Page 7 of 7
1
9
8
3
Exhibit C
Proposed Annual Assessment
Fiscal Year 2021/22
Street Light Maintenance District No.1 (Arterial Streets):
The rate per Equivalent Benefit Unit (EBU) is $17.77 for the fiscal year 2021/22. The following
table summarizes the assessment rate for Street Light Maintenance District No.1 (Arterial Streets)
for Case No. DRC2014-01130:
Land Use Basis
EBU
Factor*
Rate per
EBU*
Single Family Residential Parcel 1.00 $17.77
Multi-Family Residential Parcel 1.00 17.77
Non-Residential Acre 2.00 17.77
The proposed annual assessment for the property described in Exhibit A is as follows:
193 Units x 1.00 EBU Factor x $17.77 Rate per EBU = $3,429.61 Annual Assessment
Page 91
Resolution No. 20XX-XXX – Page 1 of 7 ATTACHMENT 4
RESOLUTION NO. 20XX - XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT
MAINTENANCE DISTRICT NO. 8 (SOUTH ETIWANDA) FOR
CASE NO. DRC2014-01130
WHEREAS, the City Council of the City of Rancho Cucamonga, California, has
previously formed a special maintenance district pursuant to the terms of the “Landscape and
Lighting Act of 1972”, being Division 15, Part 2 of the Streets and Highways Code of the State of
California (the “Act”, said special maintenance district known and designated as Street Light
Maintenance District No. 8 (South Etiwanda) (the “District”); and
WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation
of additional territory to the District; and
WHEREAS, such provisions also provide that the requirement for the preparation of
resolutions, and assessment engineer’s report, notices of public hearing and the right of majority
protest may be waived in writing with the written consent of all of the owners of property within
the territory to be annexed; and
WHEREAS, notwithstanding that such provisions of the Act related to the annexation of
territory to the District, Article XIII D of the Constitution of the State of California (“Article XIII D”)
establishes certain procedural requirements for the authorization to levy assessments which
apply to the levy of annual assessments for the District on the territory proposed to be annexed
to such District; and
WHEREAS, the owners of certain property described in Exhibit A attached hereto, and
incorporated herein by this reference, have requested that such property (collectively, the
“Territory”) be annexed to the District in order to provide for the levy of annual assessments to
finance the maintenance of certain improvements described in Exhibit B hereto (the
“Improvements”); and
WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed
forms entitled “Consent And Waiver To Annexation Of Certain Real Property To A Maintenance
District And Approval Of The Levy Of Assessments On Such Real Property” (the “Consent and
Waiver”); and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have
expressly waived any and all of the procedural requirements as prescribed in the Act to the
annexation of the Territory to the District and have expressly consented to the annexation of the
Territory to the District; and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also
expressly waived any and all of the procedural requirements as prescribed in the Act and/or
Article XIII D applicable to the authorization to levy the proposed annual assessment against the
Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and
have declared support for, consent to and approval of the authorization to levy such proposed
annual assessment set forth in Exhibit C attached hereto; and
Page 92
Resolution No. 20XX-XXX – Page 2 of 7
1
9
8
1
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also
expressly agreed for themselves, their heirs, successors and assigns that:
(1) The proportionate special benefit derived by each parcel in the Territory
from the District Improvements has been determined in relationship to the entirety of the
maintenance and operation expenses of the Improvements;
(2) The proposed annual assessment does not exceed the reasonable cost
of the proportional special benefit from the Improvements conferred on each parcel in the
Territory.
(3) Only the special benefits derived or to be derived by each parcel in the
Territory from the Improvements have been included in the proposed annual assessment.
WHEREAS, at this time the City Council desires to order the annexation of the Territory
to the District and to authorize the levy of annual assessments against the Territory in amounts
not to exceed the amounts set forth in Exhibit C hereto.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA
HEREBY RESOLVES AS FOLLOWS:
SECTION 1: That the above recitals are true and correct.
SECTION 2: The City Council hereby finds and determines that:
a. The annual assessments proposed to be levied on each parcel in the
Territory do not exceed the reasonable cost of the proportional special
benefit conferred on each such parcel from the Improvements.
b. The proportional special benefit derived by each parcel in the Territory
from the Improvements has been determined in relationship to the
entirety of the cost of the maintenance of the Improvement.
c. Only special benefits will be assessed on the Territory by the levy of
the proposed annual assessments.
SECTION 3: This legislative body hereby orders the annexation the Territory to
the District, approves the financing of the maintenance of the Improvements from the proceeds
of annual assessments to be levied against the Territory and approves and orders the levy of
annual assessments against the Territory in amounts not to exceed the amounts set forth in
Exhibit C.
SECTION 4: All future proceedings of the District, including the levy of all
assessments, shall be applicable to the Territory.
PASSED, APPROVED, AND ADOPTED this day of 2021.
Page 93
Resolution No. 20XX-XXX – Page 3 of 7
1
9
8
1
Exhibit A
Identification of the Owner and Description of the Property to be Annexed
The Owner of the Property is:
FOOTHILL & EAST, LLC
The legal description of the Property is:
PARCEL 1:
ALL THAT PORTION OF THE SOUTHWEST 1/4 OF SECTION 4, TOWNSHIP 1 SOUTH, RANGE 6
WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE
OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, LYING SOUTH OF LOT 9,
BLOCK “Y" OF THE ETIWANDA COLONY LANDS, AS PER PLAT RECORDED IN BOOK 2, PAGE 24
OF MAPS, RECORDS OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY, BEING ALSO
DESCRIBED AS A TRACT OF LAND INCLUDED IN BLOCK "Y" BOUNDED ON THE EAST BY THE
PROLONGATION SOUTH OF THE EAST LINE OF SAID LOT 9 AND ON THE WEST BY THE
PROLONGATION SOUTH OF THE WEST LINE OF SAID LOT 9 AND EXTENDING FROM SAID LOT 9
ON THE NORTH TO THE SOUTH BOUNDARY OF SAID BLOCK ON SOUTH, WHICH IS ALSO THE
SOUTH LINE OF SAID 1/4 SECTION.
EXCEPTING THEREFROM THE PARCEL OF LAND AS FOLLOWS:
ALL OF THAT PORTION OF THE SOUTHWEST 1/4 OF SECTION 4, TOWNSHIP 1 SOUTH, RANGE 6
WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE
OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTERLINE INTERSECTION OF FOOTHILL BOULEVARD AND EAST AVENUE
AS SHOWN ON RECORD OF SURVEY MAP, IN BOOK 2, PAGE 62 RECORDS OF SAID COUNTY;
THENCE NORTH 0° 11' 13" EAST ALONG SAID CENTERLINE OF EAST AVENUE, A DISTANCE OF
50.00 FEET; THENCE SOUTH 89° 24' 00" WEST ALONG THE NORTH RIGHT-AT-WAY LINE OF SAID
FOOTHILL BOULEVARD, A DISTANCE OF 194.02 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 80° 24' 00" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE OF
FOOTHILL BOULEVARD, A DISTANCE OF 81.01 FEET; THENCE NORTH 0° 11’13" EAST PARALLEL
TO SAID CENTERLINE OF EAST AVENUE A DISTANCE OF 330.04 FEET; THENCE NORTH 89° 24'
00" EAST PARALLEL TO SAID NORTHERLY RIGHT-OF-WAY LINE OF FOOTHILL BOULEVARD, A
DISTANCE OF 111.01 FEET; THENCE SOUTH 0° 11' 13" WEST PARALLEL TO SAID CENTER-LINE
OF EAST AVENUE, A DISTANCE OF 170.02 FEET; THENCE SOUTH 89° 24' 00" WEST PARALLEL TO
SAID NORTHERLY RIGHT-OF-WAY LINE OF FOOTHILL BOULEVARD, A DISTANCE OF 30.00 FEET;
THENCE SOUTH 0° 11' 13" WEST PARALLEL TO SAID CENTERLINE OF EAST AVENUE A
DISTANCE OF 160.02 FEET TO THE TRUE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LYING WITHIN THE SOUTHWEST
ONEQUARTER OF SECTION 4, TOWNSHIP. 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO
MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS CONVEYED TO
THE CUCAMONGA VALLEY WATER DISTRICT BY DEED RECORDED JULY 7, 2005 AS
INSTRUMENT NO. 2005-0486295 OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF LOT 9 IN BLOCK "Y" OF THE
ETIWANDA COLONY LANDS, PER PLAT RECORDED IN BOOK 2 PAGE 24 OF MAPS, RECORDS OF
Page 94
Resolution No. 20XX-XXX – Page 4 of 7
1
9
8
1
THE COUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WITH
THE SOUTHEAST LINE OF AN EASEMENT TO THE SOUTHERN CALIFORNIA GAS COMPANY AND
THE SOUTHERN COUNTIES GAS COMPANY OF SOUTHERN CALIFORNIA, RECORDED MARCH 16,
1960 IN BOOK 5084, PAGE 134 OFFICIAL RECORDS OF SAID COUNTY;
THENCE EASTERLY ALONG SAID SOUTH LINE OF LOT 9, A DISTANCE OF 150 FEET;
THENCE SOUTHERLY PARALLEL WITH THE SOUTHERLY PROLONGATION OF THE WEST LINE
OF LOT 9, A DISTANCE OF 75 FEET;
THENCE WESTERLY PARALLEL WITH SAID SOUTH LINE OF LOT 9 TO SAID SOUTHEAST LINE OF
SAID EASEMENT;
THENCE NORTHEASTERLY ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING.
PARCEL 2:
THAT PORTION OF LAND LYING WITHIN THE SOUTHWEST 1/4 OF SECTION 4, TOWNSHIP 1
SOUTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTERLINE INTERSECTION OF FOOTHILL BOULEVARD AND EAST AVENUE
AS SHOWN ON RECORD OF SURVEY MAP, IN BOOK 2, PAGE 62 RECORDS OF SAID COUNTY;
THENCE NORTH 0° IT 13" EAST ALONG SAID CENTERLINE OF EAST AVENUE, A DISTANCE OF
50.00 FEET; THENCE SOUTH 89° 24* 00" WEST ALONG THE NORTH RIGHT-AT-WAY LINE OF SAID
FOOTHILL BOULEVARD, A DISTANCE OF 194.02 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 80° 24' 00" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE OF
FOOTHILL BOULEVARD, A DISTANCE OF 81.01 FEET; THENCE NORTH 0° 11' 13" EAST PARALLEL
TO SAID CENTERLINE OF EAST AVENUE A DISTANCE OF 330.04 FEET; THENCE NORTH 89° 24'
00" EAST PARALLEL TO SAID NORTHERLY RIGHT-OF-WAY LINE OF FOOTHILL BOULEVARD, A
DISTANCE OF 111.01 FEET; THENCE SOUTH 0° 11' 13" WEST PARALLEL TO SAID CENTER- LINE
OF EAST AVENUE, A DISTANCE OF 170.02 FEET; THENCE SOUTH 89° 24' 00" WEST PARALLEL TO
SAID NORTHERLY RIGHT-OF-WAY LINE OF FOOTHILL BOULEVARD, A DISTANCE OF 30.00 FEET;
THENCE SOUTH 0° IT 13" WEST PARALLEL TO SAID CENTERLINE OF EAST AVENUE A DISTANCE
OF 160.02 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 3:
ALL THAT PORTION OF THE EAST 1/2 OF SECTION 4, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN
BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE UNITED STATES GOVERNMENT
TOWNSHIP PLAT THEREOF, LYING WEST OF THE WEST LINE OF EAST AVENUE, AS SHOWN ON
LICENSED LAND SURVEYORS MAP, IN BOOK 2, PAGE 62 RECORD OF SURVEYS, RECORDS OF
SAID COUNTY, AND LYING SOUTH OF THE EASTERLY EXTENSION OF THE SOUTH LINE OF LOT
9, BLOCK "Y", ETIWANDA COLONY LANDS, AS PER PLAT RECORDED IN BOOK 2, PAGE 24 OF
MAPS, RECORDS OF SAID COUNTY.
EXCEPT THEREFROM AN UNDIVIDED 1/2 INTEREST OF ALL OIL, GAS AND MINERALS AND AN
UNDIVIDED 1/2 INTEREST OF ALL OIL, GAS AND MINERAL RIGHTS UPON AND UNDER THE LAND
HEREIN DESCRIBED, AND THE RIGHT TO ENTER THEREON AND TO USE IN A PROPER MANNER
SO MUCH OF THE SURFACE AS MAY BE REASONABLE FOR THE PURPOSE OF EXTRACTING
THE OIL, GAS AND MINERAL THEREON AND THEREUNDER, AS RESERVED IN THE DEED FROM
SECURITY-FIRST NATIONAL BANK OF LOS ANGELES, TO WALTER T. CASEY, A MARRIED MAN,
RECORDED AUGUST 21, 1937 IN BOOK 1219, PAGE 483 OFFICIAL RECORDS. THE RIGHT OF
ENTRY WAS QUITCLAIMED BY THE SECURITY-FIRST NATIONAL BANK OF LOS ANGELES, TO
THE OWNER OR OWNERS OF RECORD, BY DEED DATED SEPTEMBER 24, 1952 AND RECORDED
OCTOBER 10,1952 IN BOOK 3035, PAGE 303 OFFICIAL RECORDS.
Page 95
Resolution No. 20XX-XXX – Page 5 of 7
1
9
8
1
NOTE: SAID LAND IS ALSO SHOWN ON LICENSED LAND SURVEYOR'S MAP RECORDED IN BOOK
2, PAGE 62 RECORD OF SURVEYS.
Assessor’s Parcels Numbers of the Property:
1100-201-07-0-000
1100-201-03-0-000
1100-201-04-0-000
Page 96
Resolution No. 20XX-XXX – Page 6 of 7
1
9
8
1
Exhibit B
Description of the District Improvements
Fiscal Year 2021/22
Street Light Maintenance District No. 8 (South Etiwanda):
Street Light Maintenance District No. 8 (South Etiwanda) (the “Maintenance District”) is used to
fund the maintenance and/or installation of street lights and traffic signals located on local
streets in what is termed the South Etiwanda area of the City. Generally, this area
encompasses the area of the City east of Etiwanda Avenue, north of Foothill Boulevard and
south of Highland Avenue within the incorporated area of the City.
The sites maintained by the district consist of street lights on local streets and traffic signals (or
a portion thereof) on local streets within the South Etiwanda area.
Proposed additions to the Improvements for Project Case No. DRC2014-01130:
None
Page 97
Resolution No. 20XX-XXX – Page 7 of 7
1
9
8
1
Exhibit C
Proposed Annual Assessment
Fiscal Year 2021/22
Street Light Maintenance District No. 8 (South Etiwanda):
The rate per Equivalent Benefit Unit (EBU) is $30.60 for the fiscal year 2021/22. The following
table summarizes the assessment rate for Street Light Maintenance District No. 8
(South Etiwanda) for Case No. DRC2014-01130:
Land Use Basis
EDU
Factor*
Rate per
EDU*
Single Family Residential Parcel 1.00 $30.60
Multi-Family Residential Unit 1.00 30.60
Non-Residential Acre 2.00 30.60
The proposed annual assessment for the property described in Exhibit A is as follows:
193 Units x 1.00 EBU Factor x $30.60 Rate per EBU = $5,905.80 Annual Assessment
Page 98
DATE:January 19, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Jason C. Welday, Director of Engineering Services/City Engineer
Linda C. Ceballos, Environmental Programs Manager
SUBJECT:Consideration of a Resolution Authorizing Submittal of Applications for All
CalRecycle Grant and Payment Programs for which the City of Rancho
Cucamonga is Eligible. (RESOLUTION NO. 2022-020) (CITY)
RECOMMENDATION:
Staff recommends that the City Council adopt a resolution authorizing submittal of applications
for all CalRecycle Grant and Payment Programs for which the City of Rancho Cucamonga is
eligible.
BACKGROUND:
Senate Bill 1383 (SB 1383) was signed into law in September 2016, to address climate change,
including the reduction of short-lived climate pollutants. SB 1383 sets targeted dates and
guidelines for reducing organic waste disposal in landfills. To meet these goals, the Department
of Resources Recycling and Recovery (CalRecycle) is requiring jurisdictions to adopt and enforce
actions related to this bill. This enforcement includes: providing organic waste recycling to
residents, implementing a food recovery program, conducting outreach and education, procuring
recycle organic waste products such as mulch and compost, and maintaining related records.
CalRecycle is offering the SB 1383 Local Assistance Grant Program to local jurisdictions to assist
with the implementation of regulation requirements associated with SB 1383.
ANALYSIS:
If approved, staff would be provided with the necessary authorization to apply for any local
CalRecycle grant and payment program funds for which the City is eligible, The SB 1383 Local
Assistance Grant Program funds cans be utilized for activities such as capacity planning,
collection, edible food recovery, education and outreach, enforcement and inspection, program
evaluation, procurement requirements, and record keeping. This is a one-time payment, non-
competitive grant, and if approved, the City’s share of the grant program has been estimated to
be approximately $230,700.
FISCAL IMPACT:
If the grant application is approved, funding estimated to be in the amount of approximately
$230,700 would reduce the City’s local funding costs for implementation of the State mandates
und SB 1383.
Page 99
Page 2
1
0
9
9
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
This item relates to the Council Core Value of providing and nurturing a high quality of life for all,
by achieving the goals required in the senate bill.
ATTACHMENTS:
Attachment 1 - Resolution 2022-020
Page 100
Resolution No. 2022-020 - Page 1 of 1
1
9
9
5
RESOLUTION NO. 2022-020
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING
SUBMITTAL OF APPLICATION(S) FOR ALL CALRECYCLE
GRANT AND PAYMENT PROGRAMS FOR WHICH THE CITY OF
RANCHO CUCAMONGA IS ELIGIBLE
WHEREAS, Public Resources Code sections 48000 et seq., 14581, and 42023.1(g),
authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer
various grant and payment programs in furtherance of the State of California’s (state) efforts to
reduce, recycle and reuse solid waste generated by the state, thereby preserving landfill capacity
and protecting public health and safety and the environment, and
WHEREAS, in furtherance of this authority, CalRecycle is required to establish procedures
governing the administration of the payment programs, and administration of the application,
awarding, and management of the grant programs, and
WHEREAS, CalRecycle’s procedures for administering payment and grant programs
require, among other things, applicant’s governing body to declare by resolution certain
authorizations related to the administration of the payment and grant program.
A. Resolution.
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga is authorized to
submit an application to CalRecycle for any and all grant and payment programs offered, and
Be it further resolved that the City Manager, or his/her designee is hereby authorized
and empowered to execute in the name of the City of Rancho Cucamonga all documents,
including, but not limited to, applications, agreements, amendments, and requests for payment,
necessary to secure funds and implement the approved grant or payment project; and
Be it further resolved that these authorizations are effective from the date of adoption
through January 19, 2027.
PASSED, APPROVED, AND ADOPTED this 19 day of January, 2022.
ATTACHMENT 1
Page 101
DATE:January 19, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Robert Neiuber, Human Resources Director
Lucy Alvarez-Nunez, Management Analyst
SUBJECT:Consideration of a Resolution Approving an Amendment to the Rancho
Cucamonga Management Association and Part Time City Positions
Salary Schedules for Fiscal Year 2021-2022. (RESOLUTION NO. 2022-
021). (CITY)
RECOMMENDATION:
Staff recommends that the City Council adopt the attached resolution amending the Rancho
Cucamonga Management Association and Part Time City positions salary schedules for fiscal
year 2021-2022.
BACKGROUND:
The City Council traditionally adopts salary resolutions biannually for classifications employed by
the City of Rancho Cucamonga. These resolutions are updated to reflect changes in salaries,
additions and deletions of classifications, changes in job titles and other terms of employment.
ANALYSIS:
Amendment to the Part-time City positions salary schedule include the addition of Principal
Management Analyst and Fund Development Coordinator. The Principal Management Analyst
hourly range is set at the same range as its full-time equivalent. The Fund Development
Coordinator hourly range is set at the same range as the Community Services Project
Coordinator. Addition of these part time positions will facilitate completion of current projects and
the coordination of City-led fundraising for the Library.
Amendment to the Rancho Cucamonga Management Association (RCMA) salary schedule
includes the addition of Deputy Director of Planning. This new position allows for restructuring of
the Department in light of the recent retirement of the Planning Director. The salary range is set
at the same range as the Deputy Director of Public Works to reflect the duties of the position.
All other salary schedules, classifications, job titles, and other terms of employment remain the
same.
Staff recommends that the City Council approve the resolution updating the RCMA and Part Time
City positions salary schedule for fiscal year 2021-22 to include the aforementioned changes.
Page 102
Page 2
1
1
0
1
FISCAL IMPACT:
Fiscal impacts associated with adjustments to the salary schedules will be accounted for in the
mid-year budget.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
This item addresses the City’s core values of working towards continuous improvement.
ATTACHMENTS:
Attachment 1 – Resolution No. 2022-021
Attachment 2 - Rancho Cucamonga Management Association Salary Schedule
Attachment 3 - Part Time City Positions Salary Schedule
Page 103
RESOLUTION NO. 2022-021
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN
AMENDMENT TO THE RANCHO CUCAMONGA MANAGEMENT
ASSOCIATION AND PART TIME CITY POSITIONS SALARY
SCHEDULES FOR FISCAL YEAR 2021-22.
WHEREAS, the City Council of the City of Rancho Cucamonga has determined that it is
necessary for the efficient operation and management of the City that policies be established
prescribing salary ranges, benefits and holidays and other policies for employees of the City of
Rancho Cucamonga; and
WHEREAS, the City Council of the City of Rancho Cucamonga has previously adopted
salary resolutions establishing salary ranges, benefits and other terms of employment for
employees of the City of Rancho Cucamonga; and
WHEREAS, the City Council of the City of Rancho Cucamonga recognizes that it is
necessary from time to time to amend the salary resolution to accommodate changes in position
titles, classifications salary ranges, benefits and other terms of employment; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho
Cucamonga, California to approve the attached updated salary schedules for the Rancho
Cucamonga Management Association and Part-Time City positions (Attachments 2-3).
PASSED, APROVED AND ADOPTED this 19th day of January, 2022.
Page 104
Minimum Control Point Maximum
Class Title Step Amount Step Amount Step Amount
Accounting Manager 2525 $6,454 2565 $7,878 2585 $8,705
Animal Center Manager 2506 $5,872 2546 $7,168 2566 $7,918
Assistant to the City Manager 2590 $8,925 2630 $10,895 2650 $12,039
Building and Safety Manager 2533 $6,718 2573 $8,199 2593 $9,060
City Planner/Planning Manager 2583 $8,619 2623 $10,520 2643 $11,625
Community Affairs Manager 2565 $7,878 2605 $9,619 2625 $10,626
Community Improvement Manager 2533 $6,718 2573 $8,199 2593 $9,060
Community Services Manager 2506 $5,872 2546 $7,168 2566 $7,918
Community Services Superintendent 2536 $6,819 2576 $8,323 2596 $9,196
Cultural Center Manager 2536 $6,819 2576 $8,323 2596 $9,196
Deputy Director of City Clerk Services 2535 $6,785 2575 $8,281 2595 $9,150
Deputy Director of Community Services 2590 $8,925 2630 $10,895 2650 $12,039
Deputy Dir. Engineering/Deputy City Eng.2590 $8,925 2630 $10,895 2650 $12,039
Deputy Dir. Engineering/Utility Manager 2590 $8,925 2630 $10,895 2650 $12,039
Deputy Director of Engineering 2584 $8,662 2624 $10,574 2644 $11,684
Deputy Director of Finance 2590 $8,925 2630 $10,895 2650 $12,039
Deputy Director of Human Resources 2590 $8,925 2630 $10,895 2650 $12,039
Deputy Dir. of Innovation and Technology 2558 $7,608 2598 $9,287 2618 $10,263
Deputy Director of Library Services 2572 $8,158 2612 $9,959 2632 $11,004
Deputy Director of Planning 2590 $8,925 2630 $10,895 2650 $12,039
Deputy Director of Public Works 2590 $8,925 2630 $10,895 2650 $12,039
Environmental Programs Manager 2539 $6,922 2579 $8,449 2599 $9,335
Facilities Superintendent 2536 $6,819 2576 $8,323 2596 $9,196
Finance Manager 2559 $7,646 2599 $9,335 2619 $10,315
Library Services Manager 2506 $5,872 2546 $7,168 2566 $7,918
Park/Landscape Maintenance Supt 2536 $6,819 2576 $8,323 2596 $9,196
Plan Check & Inspection Manager 2533 $6,718 2573 $8,199 2595 $9,150
Principal Accountant 2532 $6,684 2572 $8,158 2592 $9,014
Principal Engineer 2567 $7,958 2607 $9,713 2627 $10,732
Principal Librarian 2495 $5,558 2535 $6,785 2555 $7,495
Principal Management Analyst 2543 $7,061 2583 $8,619 2603 $9,523
Principal Planner 2537 $6,853 2577 $8,365 2597 $9,241
Procurement Manager 2530 $6,618 2570 $8,078 2590 $8,925
Public Works Maintenance Manager 2566 $7,918 2606 $9,666 2626 $10,679
Revenue Manager 2532 $6,684 2572 $8,158 2592 $9,014
Senior Civil Engineer 2547 $7,203 2587 $8,792 2607 $9,713
Monthly Pay Ranges Effective January 19, 2022
Resolution No. 2022 - 021
ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES
RANCHO CUCAMONGA MANAGEMENT ASSOCIATION
ATTACHMENT 2
RCMA Salary SchedulePage105
Minimum Control Point Maximum
Monthly Pay Ranges Effective January 19, 2022
Resolution No. 2022 - 021
ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES
RANCHO CUCAMONGA MANAGEMENT ASSOCIATION
Senior Executive Assistant 2460 $4,668 2500 $5,698 2520 $6,296
Senior Planner 2517 $6,203 2557 $7,570 2577 $8,365
Street/Storm Drain Maintenance Supt 2536 $6,819 2576 $8,323 2596 $9,196
Traffic Engineer 2569 $8,038 2609 $9,811 2629 $10,842
Utilities Operations Manager 2524 $6,422 2564 $7,840 2584 $8,662
Veterinarian 2579 $8,449 2619 $10,315 2639 $11,395
ATTACHMENT 2
RCMA Salary SchedulePage106
Hourly Pay Ranges Effective January 19, 2022
Part Time Positions Step Amount Step Amount Step Amount
Account Clerk 6368 $15.87 6408 $19.37 6449 $23.77
Account Technician 6423 $20.88 6463 $25.49 6497 $30.20
Accountant 6465 $25.74 6505 $31.43 6539 $37.23
Administrative Assistant 6357 $15.02 6372 $16.19 6443 $23.07
Administrative Intern 6357 $15.02 6360 $15.25 6370 $16.02
Animal Behavior Specialist 6388 $17.54 6428 $21.41 6462 $25.36
Animal Care Attendant 6357 $15.02 6389 $17.62 6422 $20.77
Animal Caretaker 6378 $16.69 6418 $20.36 6452 $24.12
Animal Rescue Specialist 6388 $17.54 6428 $21.41 6462 $25.36
Animal Services Dispatcher 6369 $15.95 6409 $19.47 6443 $23.07
Animal Services Officer 6441 $22.84 6481 $27.88 6495 $29.90
Assistant Engineer 6488 $28.88 6528 $35.25 6562 $41.76
Assistant Planner 6468 $26.13 6508 $31.90 6541 $37.61
Associate Engineer 6518 $33.53 6558 $40.94 6592 $48.50
Associate Planner 6487 $28.73 6527 $35.07 6561 $41.55
Box Office Assistant*6357 $15.02
Box Office Specialist 6357 $15.02 6361 $15.33
Budget Analyst 6498 $30.35 6538 $37.05 6588 $47.54
Building Inspector 6464 $25.61 6504 $31.27 6523 $34.38
Business License Clerk 6378 $16.69 6418 $20.36 6452 $24.12
Business License Technician 6408 $19.37 6448 $23.65 6482 $28.02
Community Improvement Officer I 6421 $20.67 6461 $25.23 6495 $29.90
Community Improvement Officer II 6441 $22.84 6481 $27.88 6515 $33.03
Community Programs Coordinator 6450 $23.89 6490 $29.16 6524 $34.55
Community Programs Specialist 6437 $22.39 6477 $27.33 6511 $32.38
Community Services Coordinator 6450 $23.89 6490 $29.16 6529 $35.42
Community Services Specialist 6357 $15.02 6390 $17.71 6424 $20.98
Community Services Supervisor 6480 $27.75 6520 $33.87 6554 $40.13
Community Services Technician 6437 $22.39 6477 $27.33 6511 $32.38
Customer Care Assistant 6357 $15.02 6372 $16.19 6443 $23.07
Day Custodian 6391 $17.79
Department Director 6562 $41.76 6604 $51.50 6707 $86.07
Department Manager 6525 $34.73 6566 $42.60 6634 $59.81
Deputy City Clerk 6430 $21.62 6470 $26.40 6504 $31.27
Division Supervisor 6416 $20.16 6457 $24.74 6554 $40.13
Electrician 6457 $24.74 6497 $30.20 6535 $36.50
Resolution No. 2022-021
Minimum Control Point Maximum
PART-TIME CITY POSITIONS
ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES
ATTACHMENT 3
Part-Time City Positions Salary Schedule
Page 107
Hourly Pay Ranges Effective January 19, 2022
Part Time Positions Step Amount Step Amount Step Amount
Resolution No. 2022-021
Minimum Control Point Maximum
PART-TIME CITY POSITIONS
ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES
Energy Efficiency Coordinator 6372 $16.19 6412 $19.77 6422 $20.78
Engineering Aide 6421 $20.67 6461 $25.24 6495 $29.90
Engineering Intern 6357 $15.02 6360 $15.24 6370 $16.03
Engineering Technician 6441 $22.84 6481 $27.88 6515 $33.03
Environmental Resources Intern*6357 $15.02
Equipment Operator 6425 $21.09 6465 $25.75 6503 $31.11
Executive Assistant 6394 $18.07 6434 $22.06 6497 $30.20
Fund Development Coordinator 6514 $32.87 6554 $40.13 6574 $44.34
GIS Intern 6357 $15.02 6360 $15.24 6370 $16.03
GIS Programmer/Analyst 6456 $24.61 6496 $30.05 6506 $31.58
GIS Technician 6436 $22.28 6476 $27.20 6510 $32.22
Healthy Cities Coordinator 6372 $16.19 6412 $19.77 6422 $20.78
Human Resources Clerk 6389 $17.62 6429 $21.51 6462 $25.36
Human Resources Technician 6399 $18.52 6439 $22.61 6465 $25.74
Lead Mechanic 6440 $22.73 6480 $27.75 6518 $33.53
Librarian I 6449 $23.77 6489 $29.01 6509 $32.06
Library Assistant I 6387 $17.44 6427 $21.30 6447 $23.53
Library Assistant II 6428 $21.40 6468 $26.13 6488 $28.87
Library Clerk 6370 $16.02 6410 $19.56 6429 $21.51
Library Director/SIF Trainer 6600 $50.48 6640 $61.63 6650 $64.78
Library Page*6357 $15.02
Library Technician 6407 $19.27 6447 $23.53 6467 $26.00
Maintenance Technician*6357 $15.02
Management Aide 6440 $22.73 6480 $27.75 6514 $32.87
Management Analyst I 6470 $26.40 6510 $32.22 6544 $38.17
Management Analyst II 6498 $30.35 6538 $37.05 6571 $43.68
Management Analyst III 6529 $35.42 6569 $43.24 6588 $47.54
Mechanic 6430 $21.62 6470 $26.40 6508 $31.90
Meter Technician 6487 $28.73 6527 $35.07 6537 $36.86
Office Services Clerk 6369 $15.95 6409 $19.47 6443 $23.07
Office Specialist I 6357 $15.02 6372 $16.19 6382 $17.02
Office Specialist II 6357 $15.02 6392 $17.89 6402 $18.80
Outreach Technician 6357 $15.02 6361 $15.33
Park Ranger*6389 $17.62
Planning Aide 6357 $15.02 6360 $15.24 6370 $16.03
Planning Manager 6583 $46.37 6623 $56.62 6656 $66.74
ATTACHMENT 3
Part-Time City Positions Salary Schedule
Page 108
Hourly Pay Ranges Effective January 19, 2022
Part Time Positions Step Amount Step Amount Step Amount
Resolution No. 2022-021
Minimum Control Point Maximum
PART-TIME CITY POSITIONS
ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES
Plans Examiner I 6474 $26.92 6514 $32.87 6548 $38.94
Playschool Instructor*6373 $16.27
Principal Management Analyst 6557 $40.73 6597 $49.73 6617 $54.94
Principal Engineer 6567 $42.82 6607 $52.27 6640 $61.62
Program Specialist 6357 $15.02 6361 $15.33
Public Services Technician I 6413 $19.86 6453 $24.25 6487 $28.73
Public Services Technician II 6423 $20.88 6463 $25.49 6497 $30.20
Public Services Technician III 6443 $23.07 6483 $28.16 6517 $33.36
Public Works Inspector I 6444 $23.19 6484 $28.31 6518 $33.53
Public Works Inspector II 6464 $25.62 6504 $31.27 6538 $37.05
Purchasing Clerk 6368 $15.87 6408 $19.37 6418 $20.37
Receptionist 6357 $15.02 6382 $17.02 6392 $17.89
Records Clerk 6357 $15.02 6384 $17.19 6432 $21.83
Records Coordinator 6372 $16.19 6412 $19.77 6459 $24.98
Recreation Leader II*6357 $15.02
Secretary 6394 $18.07 6434 $22.06 6444 $23.18
Senior Accountant 6498 $30.35 6538 $37.05 6571 $43.68
Senior Civil Engineer 6543 $37.99 6583 $46.37 6620 $55.77
Signal and Lighting Technician 6452 $24.12 6492 $29.46 6530 $35.60
Theatre Technician I*6357 $15.02
Theatre Technician II*6407 $19.27
Veterinarian 6579 $45.46 6619 $55.50 6652 $65.42
Veterinary Assistant 6407 $19.27 6447 $23.52 6481 $27.88
Veterinary Technician 6437 $22.40 6477 $27.33 6511 $32.38
* Single Step
ATTACHMENT 3
Part-Time City Positions Salary Schedule
Page 109
DATE:January 19, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Sean McPherson, AICP, Senior Planner
SUBJECT:Consideration of Second Reading and Adoption of the Following:
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 AT ETIWANDA AVENUE
NORTH OF NAPA STREET, AND MAKING FINDINGS IN SUPPORT THEREOF
– APNs: 0229-291-23, 46 AND 54
ORDINANCE NO. 993
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, 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
RECOMMENDATION:
Staff recommends that the City Council waive full reading and adopt Ordinance Nos. 992 and
993.
BACKGROUND:
The introduction and first reading of the above-entitled Ordinances was conducted at the Regular
Council meeting of January 5, 2022, 2021. Votes at first reading: AYES: Kennedy, Hutchison,
Scott, Spagnolo, Michael.
ANALYSIS:
Please refer to the December 5, 2021 Planning Commission staff report and January 5, 2022 City
Council staff report.
FISCAL IMPACT:
Please refer to the December 5, 2021 Planning Commission staff report and January 5, 2022 City
Council staff report.
Page 110
Page 2
1
0
9
3
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
Please refer to the December 5, 2021 Planning Commission staff report and January 5, 2022 City
Council staff report.
ATTACHMENTS:
Attachment 1 - Ordinance 992
Attachment 2 - Ordinance 993
Page 111
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 EAST OF ETIWANDA
AVENUE AND 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
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: Attachment 1
Page 112
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
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
Page 113
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 19th day of January, 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 19th day of January, 2022, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAINED: COUNCILMEMBERS:
ATTEST:_______________________________
City Clerk of the City of Rancho Cucamonga
Page 114
EXHIBIT A
ZONING MAP AMENDMENT
Page 115
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 116
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 117
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 t he 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 118
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 119
SECTION II DESCRIPTION OF
PROPOSED SPEEDWAY
COMMERCE CENTER PROJECT
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 120
SECTION II DESCRIPTION OF
PROPOSED SPEEDWAY
COMMERCE CENTER PROJECT
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 121
SECTION II DESCRIPTION OF
PROPOSED SPEEDWAY
COMMERCE CENTER PROJECT
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 122
SECTION III PLAN FOR SERVICE
BEFORE AND
AFTER ANNEXATION OF 4.8
www.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 123
SECTION III PLAN FOR SERVICE
BEFORE AND
AFTER ANNEXATION OF 4.8
www.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 124
SECTION III PLAN FOR SERVICE
BEFORE AND
AFTER ANNEXATION OF 4.8
www.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 125
SECTION III PLAN FOR SERVICE
BEFORE AND
AFTER ANNEXATION OF 4.8
www.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 126
SECTION III PLAN FOR SERVICE
BEFORE AND
AFTER ANNEXATION OF 4.8
www.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 127
SECTION III PLAN FOR SERVICE
BEFORE AND
AFTER ANNEXATION OF 4.8
www.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 128
SECTION III PLAN FOR SERVICE
BEFORE AND
AFTER ANNEXATION OF 4.8
www.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 129
SECTION III PLAN FOR SERVICE
BEFORE AND
AFTER ANNEXATION OF 4.8
www.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 130
SECTION III PLAN FOR SERVICE
BEFORE AND
AFTER ANNEXATION OF 4.8
www.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 131
SECTION
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 132
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
Attachment 2tachment 21 Page 133
-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 134
-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 135
-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 136
-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 19 TH 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 Ordinance was adopted at a regular meeting of the City Council held on the 19th day of
January 2022, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ATTEST:_______________________________
City Clerk of the City of Rancho Cucamonga
Page 137
-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 138
-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 139
-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 140
-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 141
-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 142
-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 143
-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 144
-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 145
-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 146
-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 147
-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 148
-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 149
-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 150
-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 151
-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 152
-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 153
-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 154
-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 155
-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 156
-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 157
-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 158
-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 159
Page 160
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 161
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 162
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 163
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 164
A-2-1
11231-0001\2182311v1.doc
H748-028 -- 4210543.1
EXHIBIT “A-2”
SITE MAP
Page 165
Page 166
B-1
11231-0001\2182311v1.doc
H748-028 -- 4210543.1
EXHIBIT “B”
FAIR SHARE FEES
Page 167
Page 168
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 169
Page 170
E-1
11231-0001\2182311v1.doc
H748-028 -- 4210543.1
EXHIBIT “D”
New Public Street Depiction
Via Maris Place, AKA Street “A”
Page 171
Page 172
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 173
INDUSTRIAL ZONING DISTRICT
RENEWABLE POWER PURCHASE AGREEMENT
TABLE OF CONTENT
1. DOCUMENTS INCLUDED ......................................................................................... 3
2. SELLER’S FACILITY AND COMMERCIAL OPERATION DATE .................... 3
3. CONTRACT CAPACITY AND QUANTITY; TERM; CONTRACT PRICE;
BILLING; COLLATERAL REQUIREMENT .......................................................... 6
4. GREEN ATTRIBUTES; RESOURCE ADEQUACY BENEFITS; ERR
REQUIREMENTS ...................................................................................................... 10
5. REPRESENTATION AND WARRANTIES; COVENANTS ................................. 11
6. GENERAL CONDITIONS ......................................................................................... 13
7. INDEMNITY ............................................................................................................... 16
8. LIMITATION OF DAMAGES .................................................................................. 17
9. INSURANCE ............................................................................................................... 17
10. NOTICES ..................................................................................................................... 21
11. FORCE MAJEURE .................................................................................................... 21
12. EVENTS OF DEFAULT AND TERMINATION .................................................... 22
13. GOVERNMENTAL CHARGES ............................................................................... 25
14. RELEASE OF INFORMATION AND RECORDING CONVERSATION .......... 25
15. ASSIGNMENT ............................................................................................................ 26
16. GOVERNING LAW .................................................................................................... 26
17. DISPUTE RESOLUTION .......................................................................................... 26
18. MISCELLANEOUS .................................................................................................... 27
APPENDIX A – DEFINITIONS .............................................................................................................. 30
APPENDIX B – COMMERCIAL OPERATION DATE CONFIRMATION LETTER ................... 40
APPENDIX C – FORECASTING REQUIREMENTS ......................................................................... 41
APPENDIX D – DESCRIPTION OF THE FACILITY ........................................................................ 42
APPENDIX E – INDUSTRIAL ZONING DISTRICT RENEWABLE PPA MILESTONES AND
EXAMPLE ACTION STEPS ..................................................................................... 43
APPENDIX F – NOTICES LIST ............................................................................................................ 45
APPENDIX G – FORM OF LETTER OF CREDIT ............................................................................. 47
APPENDIX H – FORM OF CONSENT TO ASSIGNMENT .............................................................. 50
Page 174
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 175
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 176
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 177
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 178
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 179
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 180
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 181
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 182
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 183
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 184
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 185
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 186
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 187
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 188
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 189
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 190
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 191
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 192
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 193
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 194
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 195
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 196
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 197
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 198
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 199
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 200
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 201
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 202
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 203
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 204
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 205
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 206
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 207
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 208
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 209
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 210
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 211
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 212
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 213
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 214
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 215
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 216
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 217
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 218
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 219
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 220
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 221
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 222
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 223
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 224
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 225
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 226
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 227
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
Developer 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 228
DATE:January 19, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Tamara L. Oatman, Finance Director
Minerva Gamboa, Business License Program Supervisor
SUBJECT:Consideration of First Reading of Ordinance No. 995, to be Read by Title
Only and Waive Further Reading, Amending Chapter 3.40 Transient
Occupancy Tax (TOT) of the Rancho Cucamonga Municipal Code to
Confirm That Short-Term Rentals are Subject to the City’s Transient
Occupancy Tax, Further Clarify the Definition of Hotel and Transient
Under the Chapter, Provide Regulations for Filing and Appeals
Procedures, and Make Other Minor Amendments to the Chapter.
(ORDINANCE NO. 995)(CITY)
RECOMMENDATION:
Staff recommends the City Council introduce and conduct a First Reading of Ordinance No. 995,
entitled “An Ordinance of the City of Rancho Cucamonga, California, Amending Chapter 3.40 of
the Rancho Cucamonga Municipal Code to Confirm that Short-Term Rentals Are Subject to the
City’s Transient Occupancy Tax, Further Clarify the Definition of Hotel and Transient under the
Chapter, Provide Regulations for Filing and Appeals Procedures, and Make Other Minor
Amendments to the Chapter,” read by title only and waive further reading.
BACKGROUND:
In August 2020, the City Council adopted Ordinance No. 969 allowing for short-term residential
rentals (STRs) provided a short-term rental permit was obtained within permitted zones and
owners complied with City regulations. The Ordinance also reiterated the requirement for STRs
to collect and remit monthly Transient Occupancy Tax. An STR qualified as a “hotel” for purposes
of the TOT ordinance because it is a dwelling intended to be occupied by transients for less than
30 consecutive days or less.
Revisions to Chapter 3.40 of the RCMC were last made in 2014 through Ordinance No. 870
(Recodification). The City’s TOT rate of 10% was first put into place through Ordinance No. 197
and became effective July 1, 1983. The City has maintained this rate throughout the course of
its history. In comparison, a few of our neighboring cities have implemented a higher rate –
Ontario has a TOT rate of 11.75% and Chino Hills has a TOT rate of 12%. The proposed
ordinance does not change or affect the City’s TOT rate or who it may be levied upon.
ANALYSIS:
While the TOT requirement has always applied to STRs, staff determined that our current RCMC
Chapter 3.40 Transient Occupancy Tax should be updated to clarify the existing Ordinance and
practices for the collection of TOT from STRs. The proposed draft ordinance expands the
Page 229
Page 2
1
0
6
9
definition of “hotel” to specifically include short-term rentals, thus providing notice to STRs hosts
in light of the recent STR Ordinance.
Staff have also received questions about the applicability of the TOT to non-human transients,
such as corporations. Included in the revised ordinance is a common sense clarification that a
transient must be a human person.
In addition to the above noted areas, the proposed TOT Ordinance includes other minor
amendments to implement certain best practices in terms of TOT collection, such as identifying
the Tax Administrator’s role in administering the tax and clarifying updates to the filings and
appeals procedures. Many of these amendments were recommended by our TOT audit
consultant to provide additional clarification to our Municipal Code to assist with future audits.
The updated Municipal Code will facilitate a more precise and definitive approach to the
application of our TOT to ensure the City is able to collect the correct amount of tax from
applicable operators of hotels. This, in turn, will make our current TOT rate of 10% more
sustainable and enable the City to effectively compete with neighboring cities for hotel business
opportunities. The provisions of the revised Ordinance constitute restatements of existing law
and/or address the administration of the TOT Ordinance, but do not affect the rate or scope of the
TOT.
FISCAL IMPACT:
There is no direct fiscal impact by this action. Clarification of the City’s Municipal Code pertaining
to TOT will facilitate better compliance by hotels and will assist in future TOT audits.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
The clarification of the Municipal Code for the collection of TOT supports the City Council’s core
value of providing and nurturing a high quality of life for all by demonstrating the active, prudent
fiscal management of the City’s financial resources in order to support the various services the
City provides to all Rancho Cucamonga stakeholders.
ATTACHMENTS:
Attachment 1 – Ordinance No. 995
Page 230
Ordinance No. 995 – Page 1 of 8
ORDINANCE NO. 995
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, AMENDING CHAPTER 3.40 OF THE RANCHO
CUCAMONGA MUNICIPAL CODE TO CONFIRM THAT SHORT-
TERM RENTALS ARE SUBJECT TO THE CITY’S TRANSIENT
OCCUPANCY TAX, FURTHER CLARIFY THE DEFINITION OF
HOTEL AND TRANSIENT UNDER THE CHAPTER, PROVIDE
REGULATIONS FOR FILING AND APPEALS PROCEDURES,
AND MAKE OTHER MINOR AMENDMENTS TO THE CHAPTER
A. Recitals.
1. In August 2020, the City Council adopted Ordinance No. 969 allowing for short-term
residential rentals (STRs), provided a short-term rental permit was obtained within permitted
zones and owners complied with City regulations. The Ordinance also reiterated the requirement
for STRs to collect and remit monthly Transient Occupancy Tax (TOT) because such rentals
qualify as a “hotel” under the existing TOT ordinance.
2. The City’s Finance Department has also received questions about the applicability
of the TOT to non-human transients, such as corporations, and the City Council desires to provide
a common sense clarification that a transient must be a human person.
3. The City Council also desires to make other minor amendments to the TOT
ordinance in order to implement certain best practices in terms of TOT collection, such as
identifying the Tax Administrator’s role in administering the tax and clarifying updates to the filing
and appeals procedures.
4. The provisions of this ordinance constitute restatements of existing law and/or
address the administration of the TOT ordinance, but do not affect the rate or scope of the TOT.
5. 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. Chapter 3.40 (Transient Occupancy Tax) of Title 3 (Revenue and
Finance) of the Rancho Cucamonga Municipal Code is hereby amended in its entirety to read as
follows:
“Chapter 3.40 TRANSIENT OCCUPANCY TAX
3.40.010 Definitions.
3.40.020 Imposition of tax.
3.40.030 Exemptions
3.40.040 Allowance for collection costs.
3.40.050 Collection by operators.
3.40.060 Registration of hotel operators; issuance and contents of registration certificate.
3.40.070 Filing of report and remittance of tax collected.
3.40.080 Penalties for delinquent payment.
3.40.090 Cessation of business.
ATTACHMENT 1
Page 231
Ordinance No. 995 – Page 2 of 8
3.40.100 Determination of tax by director of finance upon failure of operator to collect
and report.
3.40.110 Appeals.
3.40.111 Records to be kept for three years.
3.40.112 Enforcement.
3.40.113 Disbursement.
3.40.114 Violations.
3.40.115 Effective date.
3.40.010 Definitions.
Except where the context otherwise requires, the definitions given in this section govern the
construction of this chapter:
Hotel means any structure, or any portion of any structure, which is occupied or intended or
designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes
any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodginghouse,
roominghouse, apartment house, dormitory, public or private club, mobilehome or house trailer at
a fixed location, short-term rental (as defined in chapter 8.34), or other similar structure or portion
thereof.
Occupancy means the use or possession, or the right or entitlement to the use or possession, of
any hotel room, rooms or portion thereof, in any hotel for dwelling, lodging or sleeping purposes.
Operator means a person who is proprietor of the hotel, whether in the capacity of owner, lessee,
sub-lessee, mortgagee in possession, licensee or any other capacity. Where the operator
performs his or her functions through a managing agent of any type or character other than an
employee, the managing agent shall also be deemed an operator for the purposes of this chapter
and shall have the same duties and liabilities as his or her principal. Compliance with the
provisions of this chapter by either the principal or the managing agent shall, however, be
considered to be compliance by both.
Person means any individual, firm, partnership, joint venture, association, social club, fraternal
organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee,
syndicate, or any other group or combination acting as a unit.
Rent means the consideration charged, whether or not received, for the occupancy of space in a
hotel valued in money, whether to be received in money, goods, labor or otherwise, including all
receipts, cash, credits and property and services of any kind or nature, without any deduction
therefrom whatsoever.
Tax means the tax imposed by this ordinance.
Tax Administrator means the Director of Finance or his or her designee. The Tax Administrator
is charged with interpreting the provisions of this chapter.
Transient means any human person who exercises occupancy or is entitled to occupancy by
reason of concession, permit, right of access, license or other agreement for a period of 30
consecutive calendar days or less, counting portions of calendar days as full days. Any such
person so occupying space in a hotel shall be deemed to be a transient until the period of 30 days
has expired, unless there is an agreement in writing between the operator and the occupant
providing for a longer period of occupancy. In determining whether a person is a transient,
uninterrupted periods of time extending both prior and subsequent to the effective date of the
ordinance codified in this chapter may be considered.
Page 232
Ordinance No. 995 – Page 3 of 8
3.40.020 Imposition of tax.
A. For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax
in the amount of ten percent of the rent charged by the operator. Said tax constitutes a debt owed
by the transient to the city which is extinguished only by payment to the operator or to the city.
The transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent
is paid in installments, a proportionate share of the tax shall be paid with each installment. The
unpaid tax shall be due upon the transient’s ceasing to occupy space in the hotel. If for any reason
the tax due is not paid to the operator of the hotel, the Tax Administrator may require that such
tax shall be paid directly to the city.
3.40.030 Exemptions.
No tax shall be imposed upon:
A. Any officer or employee of a foreign government who is exempt by reason of express
provision of federal law or international treaty.
B. Any federal or state officer or employee when on official business.
C. Any other person at whom, or any occupancy as to which, it is beyond the power of the
City to impose the tax provided for in this chapter.
D. Any amount subject to tax under the Sales and Use Tax Law (commencing with Revenue
and Taxation Code § 6001) with respect to the sale of food products. For purposes of this
subsection, the term “food products” means food and beverage products of every kind, regardless
of how or where served, and shall specifically include, but not be limited to, alcoholic beverages
and carbonated beverages of every kind.
Except for Subsection D above, no exemptions shall be granted except upon a claim therefor
made at the time the rent is collected and under penalty of perjury upon a form prescribed by the
Tax Administrator.
3.40.040 Allowance for collection costs.
From the full amount of the tax collected and transmitted to the director of finance pursuant to this
chapter, each operator may deduct and retain as for his or her administrative expense in the
collection of said tax, an amount equal to four percent of the total tax to be paid.
3.40.040 Collection by operators.
Each operator shall collect the tax imposed by this chapter to the same extent and at the same
time as the rent is collected from every transient. The amount of tax shall be separately stated
from the amount of the rent charged, and each transient shall receive a receipt for payment from
the operator. No operator of a hotel shall advertise or state in any manner, whether directly or
indirectly, that the tax or any part thereof will be assumed or absorbed by the operator, or that it
will not be added to the rent, or that, if added, any part will be refunded, except in the manner
hereinafter provided.
Page 233
Ordinance No. 995 – Page 4 of 8
3.40.050 Registration of hotel operators; issuance and contents of registration certificate.
Within 30 days after commencing business, each operator of any hotel renting occupancy to
transients shall register said hotel with the director of finance and obtain from him or her a
transient occupancy registration certificate to be at all times posted in a conspicuous place on the
premises. Every application for such a certificate shall be made upon a form prescribed by the
Tax Administrator and shall set forth the name under which the operator transacts or intends to
transact business, the location of the place of business and such other information as the Tax
Administrator may require. The application shall be signed by the owner of the hotel if a natural
person; by a member or partner, if association or partnership; by an executive officer or some
person specifically authorized by the corporation to sign the application, if a corporation. The
transient occupancy registration certificate must be in effect at all times while the business is in
operation and shall be at all times posted in a conspicuous place on the hotel premises. Said
certificate shall, among other things, state the following:
A. The name of the hotel;
B. The name of the operator;
C. The address of the hotel; and
D. The day upon which the certificate was issued;
E. “This transient occupancy registration certificate signifies that the person named on the
face hereof has fulfilled the requirements of the uniform Transient Occupancy Tax Ordinance by
registering with the Tax Administrator for the purpose of collecting from transients the Transient
Occupancy Tax and remitting said tax to the Tax Administrator. This certificate does not authorize
any person to conduct any unlawful business or to conduct any lawful business in an unlawful
manner, nor to operate a hotel without strictly complying with all local applicable laws, including
but not limited to those requiring a permit from any board, commission, department or office of
this city. This certificate does not constitute a permit and does not apply in lieu of such other
permits which are otherwise required to operate.”
3.40.060 Filing of report and remittance of tax collected
Each operator shall, on or before the last day of the month following the close of each month, or
at the close of any shorter reporting period which may be established by the Tax Administrator,
make a return to the Tax Administrator, on forms provided by him/her, of the total rents charged
and received and the amount of tax collected from transient occupancies. Each such return shall
contain a declaration under penalty of perjury, executed by the operator or its authorized agent,
that to the best of the signatory’s knowledge, the statements in the return are true, correct and
complete. At the time the return is filed, the full amount of the tax collected shall be remitted to
the Tax Administrator. Amounts claimed on the return as exempt from the tax pursuant to Section
3.40.030 shall be fully itemized and explained on the return or supporting schedule. At the time
the return is filed, the tax fixed at the prevailing tax rate for the amount of occupancies charged
or chargeable, which are not exempt from tax under Section 3.40.030, shall be remitted to the
Tax Administrator. The Tax Administrator may establish shorter reporting periods for any
certificate holder if he or she deems it necessary in order to ensure collection of the tax and he or
she may require further information on the return. Returns and payments are due immediately
upon cessation of business for any reason. All taxes collected by operators pursuant to this
Page 234
Ordinance No. 995 – Page 5 of 8
chapter shall be held in trust for the account of the city until payment thereof is made to the Tax
Administrator.
3.40.070 Penalties for delinquent payment.
A.Original delinquency. Any operator who fails to remit any tax imposed by this chapter
within the time required shall pay a penalty of ten percent of the amount of the tax in addition to
the amount of the tax.
B.Continued delinquency. Any operator who fails to remit any delinquent remittance on or
before a period of 30 days following the date on which the remittance first became delinquent
shall pay a second delinquency penalty of ten percent of the amount of the tax, in addition to the
amount of the tax and the ten percent penalty first imposed.
C.Fraud. If the Tax Administrator determines that the nonpayment of any remittance due
under this chapter is due to fraud, a penalty of 25 percent of the amount of the tax shall be added
thereto, in addition to the penalties stated in subsections A and B of this section.
D.Interest. In addition to the penalties imposed, any operator who fails to remit any tax
imposed by this chapter shall pay interest at the rate of one percent per month, or fraction thereof,
on the amount of the tax, exclusive of penalties from the date on which the remittance first became
delinquent until paid.
E.Penalties merged with tax. Every penalty imposed and such interest as accrues under the
provisions of this section shall become a part of the tax herein required to be paid.
3.40.080 Determination of tax by Tax Administrator upon failure of operator to collect and
report.
If any operator shall fail or refuse to collect said tax and to make, within the time provided in this
chapter, any report and remittance of said tax or portion thereof required by this chapter, the Tax
Administrator shall proceed in such manner as he or she may deem best to obtain facts and
information on which to base his estimate of the tax due. As soon as the Tax Administrator
procures such facts and information as he or she is able to obtain, upon which to base the
assessment of any tax imposed by this chapter and payable by any operator who has failed or
refused to collect the same, and to make such report and remittance, he or she shall proceed to
determine and assess against such operator the tax, interest and penalties provided for by this
chapter. In case such determination is made, the Tax Administrator shall give a notice of the
amount so assessed by serving it personally or by depositing it in the United States mail,
addressed to the operator so assessed, at his or her last known address. Such operator may,
within ten days after the serving or mailing of such notice, make application in writing to the Tax
Administrator for a hearing on the amount assessed. If the application by the operator for a
hearing is not made within the time prescribed, the tax, interest and penalties, if any, determined
by the Tax Administrator shall become final and conclusive and immediately due and payable. If
such application is made, the Tax Administrator shall give not less than five days’ written notice
in the manner prescribed herein to the operator to show cause at a time and place fixed in said
notice why said amount specified therein should not be fixed for such tax, interest and penalties.
At such hearing, the operator may appear and offer evidence why such specified tax, interest and
penalties should not be so fixed. After such hearing the Tax Administrator shall determine the
proper tax to be remitted and shall thereafter give written notice to the person in the manner
prescribed herein of such determination and the amount of such tax, interest and penalties. The
Page 235
Ordinance No. 995 – Page 6 of 8
amount determined to be due shall be payable after fifteen days unless an appeal is taken as
provided in section 3.40.090.
3.40.090 Cessation of business.
Each operator shall notify the Tax Administrator, ten days prior to the sale or cessation of business
of a hotel for any reason and returns and remittances are due immediately upon the sale or
cessation of business.
3.40.100 Appeals.
Any operator aggrieved by any decision of the Tax Administrator with respect to the amount of
such tax, interest and penalties, if any, may appeal to the City Manager, or his or her designee,
by filing notice of appeal with the City Clerk within 15 days of the serving or mailing of the
determination of tax due. The appellant shall pay a non-refundable fee in an amount established
by resolution of the City Council for such appeal. The City Clerk shall schedule an appeal hearing
with the City Manager or designee within 15 days of an appeal being filed. The City Clerk shall
give notice in writing to such operator at his or her last known place of address. The decision of
the City Manager or his or her designee shall contain factual findings and legal conclusions which
support the decisions and shall be final and shall be served upon the appellant in the manner
prescribed above for service of notice of hearing. Any amount found to be due shall be
immediately due and payable upon the service of notice.
3.40.110 Records to be kept for three years.
It shall be the duty of every operator liable for the collection and payment to the city of any tax
imposed by this chapter to keep and preserve, in the city, for a period of three years, all records
as may be necessary to determine the amount of such tax as he or she may have been liable for
the collection of and payment to the city, which records the Tax Administrator shall have right to
inspect at all reasonable times.
Such records shall be made available to the Tax Administrator or designee at all reasonable times
to conduct audits for verification of the tax liability. The Tax Administrator may subpoena the
records or use any other lawful method required to inspect the records if any operator refuses to
make them available for examination upon request. If the above records are not provided by the
hotel operator or are deemed incomplete or unacceptable by the Tax Administrator, a
determination of the taxes, penalties, and interest due will be made by the Tax Administrator in
the manner specified in Section 3.40.080.
3.40.110 Enforcement.
Any tax required to be paid by any transient under the provisions of this chapter shall be deemed
a debt owed by the transient to the city. Any such tax collected by an operator which has not been
paid to the city shall be deemed a debt owed by the operator to the city. Any person owing money
to the city under the provisions of this chapter shall be liable to an action brought in the name of
the city for the recovery of such amount. Except in the case of fraud or the failure of a property
owner to file a transient occupancy tax return, the city may institute an action to collect unpaid
transient occupancy taxes within four years of the date on which the transient occupancy taxes
were required to be paid. If the Tax Administrator determines that the failure to make any
remittance or payment due under this chapter is due to fraud, the violation shall be punishable
pursuant to Section 3.40.130.
Page 236
Ordinance No. 995 – Page 7 of 8
3.40.120 Disbursement.
All moneys received by the city from the collection of transient occupancy tax shall be paid into
the general fund.
3.40.130 Violations.
Any operator or other person violating any provisions of this chapter shall be guilty of a
misdemeanor and shall be punishable therefor by a fine of not more than $500.00, or by
imprisonment in the county jail for a period of not more than six months, or by both such fine and
imprisonment. Any operator or other person who fails or refuses to register as required by this
chapter or to furnish any return required to be made, or who fails or refuses to furnish a
supplemental return or other data required by the Tax Administrator, or who renders a false or
fraudulent return or claim is guilty of a misdemeanor and is punishable as aforesaid. Any person
required to make, render, submit or verify any report or claim who makes any false or fraudulent
report or claim with intent to defeat or evade the determination of any amount due required by
this chapter to be made, is guilty of a misdemeanor and is punishable as aforesaid.
3.40.140 Effective Date.
The tax imposed by this chapter became operative on July 1, 1983.”
SECTION 2. 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 3. 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.
Page 237
Ordinance No. 995 – Page 8 of 8
PASSED, APPROVED, AND ADOPTED this _____ day of ______________, 2022.
_____________________________________
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 _____ day of _______________, 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:______________________________
City Clerk
Page 238
DATE:January 19, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Sean McPherson, AICP, Senior Planner
SUBJECT:Discussion, Consideration and Possible Action to Introduce, Waive
Reading of and Adopt by a Four-fifths Vote, for a Period of 45 Days, an
Urgency Ordinance to Establish Objective Zoning And Subdivision
Standards for Senate Bill 9 Projects in Single-Family Residential Zones,
Declaring The Urgency Thereof and Making a Determination of
Exemption Under the California Environmental Quality Act (CEQA).
(URGENCY ORDINANCE NO. 994) (CITY)
RECOMMENDATION:
Staff recommends that the City Council adopt Urgency Ordinance No. 994 entitled “An Urgency
Zoning Ordinance of the City Council of the City of Rancho Cucamonga Enacted Pursuant to
Government Code Section 65858 Establishing Interim Development Standards for SB 9
Development, Declaring the Urgency Thereof and Making A Determination of Exemption Under
the California Environmental Quality Act (CEQA),” by four-fifths vote, waive full reading, and read
by title only.
BACKGROUND:
Government Code Section 65858 provides, “Without following the procedures otherwise required
prior to the adoption of a zoning ordinance, the legislative body of a…city…to protect the public
safety, health, and welfare, may adopt as an urgency measure an interim ordinance prohibiting
any uses that may be in conflict with a contemplated General Plan, Specific Plan, or Zoning
proposal that the legislative body, Planning Commission or the Planning Department is
considering or studying or intends to study within a reasonable time. That urgency measure shall
require a four-fifths vote of the legislative body for adoption. The interim ordinance shall be of no
further force and effect 45 days from its date of adoption. After notice pursuant to Section 65090
and public hearing, the legislative body may extend the interim ordinance for 10 months and 15
days and subsequently extend the interim ordinance for one year. Any extension shall also require
a four-fifths vote for adoption. Not more than two extensions may be adopted.”
In response to the housing shortage and affordability crisis, on September 16, 2021, Governor
Gavin Newsom signed into law Senate Bill (SB) 9. SB 9, which took effect January 1, 2022,
requiring the ministerial review of two types of development applications within single-family
residential zones: two lot subdivisions (known as “Urban Lot Splits”), and residential development
projects of up to 2 units per lot (“Two- Unit Projects”), subject to certain qualifying criteria. Because
SB 9 requires that these applications be approved on a ministerial basis, the City cannot hold
public hearings or consider subjective factors, such as aesthetics and neighborhood character,
Page 239
Page 2
1
0
9
6
for qualifying applications which meet basic criteria. In short, this legislation makes it possible in
some instances for there to be up to 4 units constructed on a single-family zoned lot where only
one single family residence previously existed, inclusive of Accessory Dwelling Units (ADU) and
Junior Accessory Dwelling Units (JADU).
Preliminary research by staff indicates that approximately 25,000 single-family zoned parcels
within the City may be eligible for further development under SB 9. Considering the number of
parcels which may be eligible for development under SB 9, and especially considering any impact
this new development may have upon the City, staff is currently exploring potential regulations
which may be implemented in order to ensure that SB 9 is implemented in an appropriate and
legally defensible manner that carefully considers public health, safety and welfare in the City.
ANALYSIS:
Development under SB 9 could have the potential to cause specific adverse impacts, such as
additional traffic which could exacerbate existing access and emergency response constraints
within certain neighborhoods where access, circulation and parking may be deficient or limited
(i.e., dead-end streets within Very High Fire Severity Zones, neighborhoods where roads do not
meet minimum width standards, etc.). SB 9 could also impact the availability of services in existing
single-family residential neighborhoods by facilitating the creation of lots and construction of units
which are inconsistent with utilities in existing single-family residential neighborhoods. Finally, SB
9 could have the unintended effect of reducing affordability of units within single-family
neighborhoods if such units are not reserved for low-income tenants or the developments are too
large so as not to be affordable. It is critical that the City prevent any public health and safety
impacts that may arise under this new requirement. Maintaining the quality, livability and safety
of existing single-family residential neighborhoods throughout the City is a critically important
community objective, as evidenced by goals set forth in the City’s General Plan. Consequently,
implementing SB 9 regulations without considering local context could negatively affect the health,
safety and welfare of the public within the City.
To address such concerns, on December 1, 2021, the City Council discussed certain policy and
development code considerations which included:
Consider objective standards for zoning and subdivisions to ensure that SB 9 development
does not adversely impact existing single-family residential neighborhoods;
Consider studying areas of historic significance to determine if further protections are
appropriate;
Consider implementing additional regulations related to SB 9 to maintain the public health,
safety and welfare within Very High Fire Severity Zones;
Consider the impact further SB 9 development may have on utility capacity within certain
neighborhoods;
Consider how the development of SB 9 units may allow the City to achieve the important
local and statewide goals of increasing the availability of affordable housing.
Following that City Council meeting, staff continues researching these various policy and
development code considerations and intends to return to the Council within the first quarter of
2022 with comprehensive Development Code Amendments. As SB 9 is now effective (as of
January 1, 2022), and in order to prevent any adverse impacts to public health, safety and welfare,
staff recommends that the City Council adopt the subject urgency ordinance which is attached to
this report and which establishes interim standards while staff continues to work on permanent
development code amendments to address the policy considerations referenced above.
Page 240
Page 3
1
0
9
6
SB 9 permits the City to enforce objective zoning, subdivision, and design standards on SB 9
project. In summary, the proposed interim regulations would do the following:
Limits the application of SB 9 to single-family residential zones, which are: Very Low
Residential (VL), Low Residential (L), and Hillside Residential (HR).
A maximum unit size of 800 square feet, which may be increased to 1,200 square feet if
at least one of the units on the lot is reserved for rentals to very-low income households;
Limits new units to one-story and 16 feet in height;
Requires the Fire Marshall, City Engineer, and Building Official to review SB 9 projects to
determine whether a particular project could cause a specific, adverse impact to public
health and safety for which there is no feasible mitigation; and
Other objective design criteria intended to help prevent unintended impacts of SB 9
projects on existing single-family neighborhoods.
Pursuant to Government Code Section 65858, the initial term of the urgency ordinance is 45 days
(expiring on March 5, 2022). In the event that staff determines that a permanent development
code amendment may not be prepared by the expiration of the urgency ordinance, staff may bring
a further ordinance to extend the term of the urgency ordinance for up to 10 months, 15 days prior
to the initial expiration date. Ten days before the proposed extension, the City Council will
consider a report identifying the steps taken by staff to address these issues during the urgency
ordinance’s moratorium’s initial term.
This ordinance is exempt from the California Environmental Quality Act as an ordinance intended
to implement SB 9.
FISCAL IMPACT:
None
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
Enacting an urgency ordinance in an effort to maintain the public health, safety and welfare or the
community achieves multiple City Council “Core Values,” including:
Providing and nurturing a high quality of life for all;
Promoting and enhancing a safe and healthy community for all;
Intentionally embracing and anticipating the future.
ATTACHMENTS:
Attachment 1 – Draft Urgency Ordinance No. 994
Page 241
Urgency Ordinance No. 994 - Page 1 of 10
1
9
9
6
URGENCY ORDINANCE NO. 994
AN URGENCY ZONING ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO
ESTABLISH OBJECTIVE ZONING AND SUBDIVISION
STANDARDS FOR SENATE BILL 9 PROJECTS IN SINGLE-
FAMILY RESIDENTIAL ZONES, DECLARING THE URGENCY
THEREOF AND MAKING A DETERMINATION OF EXEMPTION
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA)
THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1.Legislative Findings.
On September 16, 2021, Governor Newsom approved Senate Bill (“SB”) 9 to amend the
Planning and Zoning Law and the Subdivision Map Act effective January 1, 2022.
A.SB 9 amended Government Code Section 66452.6 and added Sections
65852.21 and 66411.7 of Chapter 162, and took effect on January 1, 2022.
B.SB 9 generally requires cities and counties to ministerially approve two-unit
housing developments and parcel maps to create urban lot splits on lots within single-
family residential zones.
C.SB 9 authorizes the City to enforce objective zoning, subdivision, and
design standards.
D.SB 9 projects will have the potential to significantly impact the character of
the City’s established residential neighborhoods.
E.SB 9 projects have the potential to impact the health, safety, and welfare of
residents in the City, particularly those residing in single-family residential neighborhoods,
vehicular and pedestrian safety, on-street parking demand, and housing affordability. In
addition, the potential increase to residential density in areas of the City designed for
single-family development may cause increased demand on utilities and access routes
that were not designed for such density. As a result, the City Council finds that there is
an immediate need to establish objective zoning and subdivision standards for SB 9
projects in order to protect the public health, safety, and welfare while it studies permanent
land use regulations for such projects and to ensure SB 9 does not have a detrimental
impact on single-family residential neighborhoods within the City.
F.The City intends to study and develop permanent land use regulations for
the implementation of SB 9 projects in the city. Given that SB 9 took effect on January 1,
ATTACHMENT 1
Page 242
Urgency Ordinance No. 994 - Page 2 of 10
1
9
9
6
2022, the City will not be able to complete the process of developing and adopting such
permanent regulations prior to SB 9 taking effect. Thus, the City Council desires to adopt
an interim urgency ordinance that will take effect immediately in order to ensure that SB
9 projects do not unreasonably impact the character of single-family residential
neighborhoods or threaten public health, safety, or welfare while permanent regulations
are studies and prepared.
G.It is well documented that California is experiencing a housing supply crisis,
with housing demand far outstripping supply. The housing crisis has particularly
exacerbated the need for affordable homes at prices below market rates. 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 (Housing
Element 2021-2029, Table HE-47, Page 72). According to the City’s recently-adopted
Housing Element, the City still needs to construct 3,209 extremely low/very low-income
units and 1,864 low-income units during the sixth housing cycle.
H.To help address this affordability crisis, the City Council finds that limiting
the size of units developed pursuant to SB 9 and requiring that some units be affordable
are important interim regulations to protect public welfare and to prevent SB 9
developments from conflicting with forthcoming permanent land use regulations.
I.The purpose of this Ordinance is to establish objective zoning, subdivision,
and design standards for housing developments undertaken pursuant to SB 9.
SECTION 2.Authority.
Pursuant to Government Code Section 65858, the City Council may adopt, as an
urgency measure, an interim ordinance that prohibits any uses that may be in conflict
with a contemplated zoning proposal that the City Council is considering, studying, or
intends to study within a reasonable period of time.
SECTION 3.Urgency Declaration and Findings.
The City Council finds and determines that there is an immediate threat to the
public health, safety, or welfare caused by SB 9 projects, which threat will significantly
limit the City’s ability to preserve community character, affordability, and environmental
and public health and safety. As described in Section 1 of this Interim Urgency Ordinance,
the staff report accompanying this Interim Urgency Ordinance, and other evidence in the
record, such development in the City could threaten the health, safety and welfare of the
community through negative impacts that include, but are not limited to, emergency
access during emergencies, appropriate sizing for utilities and streets, parking, and
housing affordability.
The City Council finds and determines that there is an immediate threat to public
health, safety, or welfare if the City does not have enforceable zoning, subdivision, and
Page 243
Urgency Ordinance No. 994 - Page 3 of 10
1
9
9
6
design standards for such projects. Therefore, it is necessary that this Interim Urgency
Ordinance take effect immediately upon adoption.
SECTION 4.Prohibition on SB 9 Projects that Fail to Comply with this Interim
Urgency Ordinance.
Based on the facts and findings set forth in Sections 1 through 3 of this Interim
Urgency Ordinance, and notwithstanding any other ordinance or provision of the
Rancho Cucamonga Municipal Code, residential development projects and urban lot
splits proposed pursuant to Senate Bill 9, are prohibited unless the project complies with
the requirements of Sections 5 and 6 of this Interim Urgency Ordinance.
SECTION 5. Development in Single-Family Residential Zones.
A. Purpose. This Section provides objective zoning and design standards for
the development of residential units pursuant to SB 9. Development pursuant to this
Section does not require discretionary review or a hearing and is processed ministerially
through a plan check/zoning clearance.
B. Applicability. SB 9 projects shall only be developed in single-family
residential zones. For purposes of this Section, the following zones are considered single-
family residential zones: Very Low Residential (VL), Low Residential (L), and Hillside
Residential (HR).
C. General Standards. All development pursuant to SB 9 shall comply with
the following objective standards:
1.Eligibility requirements of Government Code Section 65852.21(a)
shall be satisfied.
2.Except where superseded by SB 9 or this Section, development shall
comply with the objective development standards of the zone in which the lot is
located.
3.Access to any unit shall not be across an easement that restricts
such access.
4.More than 25 percent of the exterior structural walls of an existing
dwelling shall not be demolished unless the site has not been occupied by a tenant
in the last three years.
5.The lot shall contain no more than one pedestrian path connected to
the public right-of-way or private street.
6.The development shall contain no exterior stairways except those
leading from grade to the first floor.
Page 244
Urgency Ordinance No. 994 - Page 4 of 10
1
9
9
6
7.Off-street parking shall be provided in accordance with the following
standards:
a.A minimum of one off-street parking space shall be provided
for each residential unit.
b.No off-street parking is required if either of the following apply:
i.The lot is located within one-half mile walking distance
of either: a high-quality transit corridor as defined in Public Resources Code
Section 21155(b) or a major transit stop as defined in Public Resources
Code Section 21064.3.
ii.A car-share vehicle is located within one block of the
lot.
D. Additional Standards for New Construction. In addition to the standards
of Subsection C, the standards of this Subsection apply if one or both residential units are
new construction:
1.Maximum unit size shall be 800 square feet, except when rented at
a level affordable to Low-Income (50%-80% of AMI) households, per Subsection
J.5 below, the maximum unit size may be up to 1,200 sqaure feet.
2.No residential unit shall exceed a building height of one story.
3.No residential unit shall exceed a building height of 16 feet.
4.Each residential unit shall have a minimum setback of four feet from
side and rear property lines except as allowed by Government Code Section
65852.21.
5.If the residential units are built as separate buildings, the following
standards shall apply.
a.The buildings shall be located one in front of the other in
relation to the street.
b.The front building shall be at least as wide and as tall as the
rear building.
c.The front building shall be positioned such that the rear
building is not visible from the street when viewed from directly in front of the
property.
Page 245
Urgency Ordinance No. 994 - Page 5 of 10
1
9
9
6
6.If the residential units are built as a single building, one residential
unit shall have a door facing the street and one residential unit shall have a door
facing a side or rear property line.
E. Additional Standards for Conversion of an Existing Dwelling. In
addition to the standards of Subsection C, the standards of this Subsection apply if an
existing dwelling will be fully or partially retained:
1.Maximum unit size shall be 800 square feet, except when rented at
a level affordable to Low-Income (50%-80% of AMI) households, per Subsection
J.5. below, the maximum unit size may be up to 1,200 square feet.
2.The existing setbacks shall be maintained when converting or
substantially redeveloping an existing structure to a two-unit residential
development, except that additions to the existing dwelling shall have a minimum
setback of four feet from side and rear property lines.
3.Additions to the existing dwelling shall not increase the building
height beyond the allowable maximum of the respective base zoning district.
4.If two residential units are located in the same building, one
residential unit shall have a door facing the street and one residential unit shall
have a door facing a side or rear property line.
F. Additional Standards for Urban Lot Split Projects. In addition to the
standards of Subsections C, D, and E as applicable, the standards of this Subsection
apply if the residential units will be located on lots created by an urban lot split.
1.Each lot created by the parcel map shall be used solely for residential
uses.
2.No lot created by the parcel map shall have more than two residential
units, inclusive of any accessory dwelling unit (ADU) or junior accessory dwelling
unit (JADU). No ADU or JADU shall be allowed on any parcel created by an urban
lot split if the subdivider uses the authority provided under Government Code
Section 65852.21.
3.If the boundary line between the lots created by the parcel map is
perpendicular to the front lot line, the units shall be subject to the following
standards:
a.The buildings nearest the street on each lot created by the
parcel map shall have no more than one residential unit with a door facing the
street.
Page 246
Urgency Ordinance No. 994 - Page 6 of 10
1
9
9
6
G. Exceptions. The Planning Director shall approve an exception to any of the
standards specified in this Section upon determining that complying with the standard
would physically preclude the construction of up to two residential units or would
physically preclude either of the two residential units from being 800 square feet in floor
area.
H. Review. The Building Official, City Engineer, and Fire Marshal shall review
applications to determine whether a proposed development would cause a specific
adverse effect to public health, safety, and welfare, as defined in Government Code
Section 65589.5. If so, the Building Official shall make a written finding in support of his
or her decision to deny the application.
I. Denial. The Building Official shall deny an application for an SB 9 project
upon making both of the following findings in writing based upon a preponderance of
evidence:
1.The proposed housing development project would have a specific,
adverse impact upon the public health and safety or the physical environment as
defined and determined in Government Code Section 65589.5(d)(2).
2.There is no feasible method to satisfactorily mitigate or avoid the
specific, adverse impact.
J. Income Restriction. If more than one unit is developed on a single lot, the
second unit may be up to 1,200 square feet if one of the units is rented at a level affordable
to Low-Income (50%-80% of AMI) households, provided that the property owner must
execute and record against the subject property an affordability covenant provided by the
Planning Director per Subsection K below.
K. Covenants Required. A property owner seeking to develop units on a
single-family residential property, pursuant to the standards of SB 9 and the standards of
this Section, shall execute and record the following covenants against the subject
property with the San Bernardino County Assessor-Recorder-Clerk and provide a copy
to the City:
1.Short-Term Rental of a residential unit for a period less than 31 days
shall be prohibited;
2.Non-residential uses on the site shall be prohibited;
3.Any subsequent urban lot split of land that was previously subdivided
with an urban lot split shall be prohibited;
4.The owner of the property for which an urban lot split is proposed
shall sign an affidavit stating that the owner intends to occupy one of the housing
Page 247
Urgency Ordinance No. 994 - Page 7 of 10
1
9
9
6
units as their principal residence for at least three years from the date of the
approval of the urban lot split; and
5.Residential units over 800 square feet, created pursuant to the
standards of this Section, shall be rented at a level affordable to Low-Income (50%-
80% AMI) households for a period of at least 45 years.
SECTION 6.Urban Lot Splits in Single-Family Residential Zones.
A. Purpose. This Section provides objective subdivision standards for urban
lot splits on single-family residential zone lots pursuant to SB 9.
B. Applicability
1.This Section applies to single-family residential zone lots. For the
purposes of this Section, the following zones are considered single-family
residential zones: Very Low Residential (VL), Low Residential (L), and Hillside
Residential (HR).
2. An urban lot split is prohibited on a lot previously subdivided by an
urban lot split pursuant to SB 9. In addition, an urban lot split is prohibited on a lot
if the lot’s owner or any person acting in concert with the owner of such lot has
previously subdivided an adjacent lot pursuant to SB 9.
3. An urban lot split shall not require discretionary review or a hearing
and is approved ministerially by the City Engineer through a parcel map
application. This Section is exempt from the application and hearing requirements
described in Chapter 16.20 (Tentative Parcel Maps – Four or Less Parcels) and
Section 16.22.090 (Approval by City Council).
C. Subdivision Standards. An urban lot split pursuant to this Section is
subject to the following standards.
1. Eligibility requirements of Government Code Section 66411.7(a)
shall be satisfied.
2. A minimum lot size of one acre per dwelling unit is required for any
proposed lot which does not have access to a public sewer.
3. Each lot created by the parcel map shall have a minimum area of
1,200 square feet.
4. The newly created lots shall not be smaller than 45 percent of the
area of the original lot.
Page 248
Urgency Ordinance No. 994 - Page 8 of 10
1
9
9
6
5. Each newly created lot must have access to a public street.
6. Lot lines shall be:
i.Straight lines, unless there is a conflict with existing
improvements or the natural environment;
ii.Generally parallel to the street when facing the street or be at
right angles perpendicular to the street on straight streets, or radial to the street
on curved streets; and
iii.Within appropriate physical locations that do not bisect
buildings and are contiguous with existing zoning boundaries.
D. Exceptions. The City Engineer shall approve an exception to any of the
standards satisfied in this Section upon determining that complying with the standard
would physically preclude the construction of up to two residential units or would
physically preclude either of the two residential units from being 800 square feet in floor
area.
E. Review. The Building Official, City Engineer, and Fire Marshal shall review
applications to determine whether there is a specific adverse effect to public health,
safety, and welfare.
F. Denial. The City Engineer shall deny an urban lot split upon making both of
the following findings in writing based upon a preponderance of evidence.
1.The proposed housing development project would have a specific,
adverse impact upon the public health and safety or the physical environment as
defined and determined in Government Code Section 65589.5(d)(2).
2.There is no feasible method to satisfactorily mitigate or avoid the
specific, adverse impact.
G. Covenants Required. A property owner seeking to develop units on a
single-family residential property, pursuant to the standards of SB 9 and the standards of
this Section, shall execute and record the following covenants against the subject
property with the San Bernardino County Assessor-Recorder-Clerk and provide a copy
to the City:
1.Short-Term Rental of a residential unit for a period less than 31 days
shall be prohibited;
2.Non-residential uses on the site shall be prohibited;
Page 249
Urgency Ordinance No. 994 - Page 9 of 10
1
9
9
6
3.Any subsequent urban lot split of land that was previously subdivided
with an urban lot split shall be prohibited;
4.The owner of the property for which an urban lot split is proposed
shall sign an affidavit stating that the owner intends to occupy one of the housing
units as their principal residence for at least three years from the date of the
approval of the urban lot split; and
5.Residential units over 800 square feet shall be rented at a level
affordable to Low-Income (50%-80% AMI) households for a period of at least 45
years.
SECTION 7.CEQA.
Adoption of this Ordinance is not a project under the California Environmental
Quality Act pursuant to Government Code Sections 65852.21(j) and 66411.7(n).
SECTION 8.Severability.
If any section, subsection, sentence, clause, phrase, or portion of this Interim
Urgency Ordinance is for any reason 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 Interim Urgency Ordinance. The City Council declares
that it would have adopted this Interim Urgency Ordinance and each section,
subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any
one or more sections, subsections, sentences, clauses, phrases, or portions be
declared invalid or unconstitutional.
SECTION 9. Effective Date; Approval and Extension of Ordinance.
This Interim Urgency Ordinance, being adopted as an urgency measure for the
immediate protection of the public safety, health, and general welfare, containing a
declaration of the facts constituting the urgency, and passed by a minimum four-fifths
(4/5) vote of the City Council, shall take effect immediately upon its adoption and shall
continue in effect for a period of not longer than forty-five (45) days. After notice
pursuant to Government Code Section 65090 and a public hearing, the City Council
may extend the effectiveness of this Urgency Ordinance as provided in Government
Code Section 65858.
SECTION 10. Publication.
The City Clerk shall certify to the passage and adoption of this Interim Urgency
Ordinance and shall cause its publication in accordance with applicable law.
Page 250
Urgency Ordinance No. 994 - Page 10 of 10
1
9
9
6
PASSED, APPROVED, AND ADOPTED this __ day of _____, 2022, by the
following vote to wit:
AYES: ( )
NOES: ( )
ABSENT: ( )
ABSTAIN: ( )
L. Dennis Michael, Mayor
ATTEST:
_________________________________
Janice C. Reynolds, City Clerk
APPROVED AS TO FORM:
_________________________________
Nicholas R. Ghirelli, City Attorney
Page 251
City Council
January 19, 2022
Urgency Ordinance 994 –SB 9
Project Background
•September 16,2021 –Governor Newsom signs into law SB 9,which
requires the ministerial approval of two types of projects within single-
family residential zones :Urban Lot Splits and Two -Unit Projects;
•December 1,2021 –staff briefs Council on policy considerations in
response to SB 9;
•January 1,2022 –SB 9 becomes effective statewide;
•January 19,2022 –Staff proposes Council consider adopting interim
urgency ordinance to maintain public health,safety and welfare while
permanent ordinance is crafted .
50/50
or
45/55
Lot Split
Max. unit size
of 1200 sf
if affordable,
otherwise
max 800 sf
Max. unit size
of 1200 sf
if affordable,
otherwise
max. 800 sf
Policy and Development Code Considerations
•Objective Standards for Zoning and Subdivisions;
•Consideration of establishing historic districts to protect historic
character of certain neighborhoods;
•Sensitivity to development within Very High Fire Severity Zones ;
•Public Health and Safety Considerations;
•SB 9 Units as Affordable Housing.
Summary of Urgency Ordinance
•Limits the application of SB 9 to single-family residential zones, which
are: Very Low Residential (VL), Low Residential (L), and Hillside
Residential (HR).
•A maximum unit size of 800 square feet, which may be increased to 1,200
square feet if at least one of the units on the lot is reserved for rentals to
very-low income households and limits new units to one-story and 16 feet
in height;
•Requires the Fire Marshall, City Engineer, and Building Official to review
SB 9 projects to determine whether a particular project could cause a
specific, adverse impact to public health and safety for which there is no
feasible mitigation; and
•Other objective design criteria intended to help prevent unintended impacts of SB 9 projects on existing single-family neighborhoods.
Recommendation and Next Steps
•Staff recommends that the City Council adopt the
subject Urgency Ordinance for a period of 45-days in
order to allow staff additional time to craft a permanent
ordinance in response to SB 9;
•Next steps: Within 45-days, return to the Council with an
extension while staff prepares a permanent ordinance.
Questions?
DATE:January 19, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Jason C. Welday, Director of Engineering Services/City Engineer
Ian Tai, Associate Engineer
SUBJECT:Consideration of a Resolution of Necessity for the Acquisition by Eminent
Domain of Certain Real Property Interests for Public Purposes in
Connection with the Phase 1, Segment 2, San Sevaine Trail Project, A
Joint Agency Project with the City of Fontana (Chao Ping Yan, Terminus
of Smokestone Street, East of Torrey Pine Court, San Bernardino County
Tax Assessor’s Parcel Number 0228-044-24). (RESOLUTION NO. 2022-
007) (CITY)
RECOMMENDATION:
Staff recommends that the City Council:
1. Consider the following Resolution, which is a Resolution of Necessity of the City of
Rancho Cucamonga Declaring Certain Real Property Interests Necessary for Public
Purposes and Authorizing the Acquisition Thereof in Connection with the City’s San
Sevaine Trail Project:
Resolution No. 2022-007
2. Open and conduct a hearing on the adoption of the proposed Resolution of Necessity,
receive from City Staff the evidence stated and referred to in this Agenda Report
(“Report”), take testimony from any person wishing to be heard on issues A, B, C, and
D below, and consider all evidence to determine whether to adopt the proposed
Resolution of Necessity, which requires the City Council’s consideration and
determination.
3. If the City Council finds, based on the evidence contained and referred to in this
Report, the testimony and comments submitted to the City Council, that the evidence
warrants the necessary findings with respect to the proposed Resolution of Necessity,
then City Staff recommends that the City Council, in the exercise of its discretion, adopt
proposed Resolution of Necessity No. 2022-007, (which requires a 4/5ths vote of the
entire City Council) and authorize the City Attorney’s office to file eminent domain
proceedings to acquire the following real property interests (referred to below as the
“Subject Property Interest”) from the parcel described below:
Page 252
Page 2
1
0
9
1
Terminus of Smokestone Street, East of Torrey Pine Court, APN 0228-044-24
(Chao Ping Yang Parcel)
An approximate 13,689 square foot, non-exclusive, permanent easement for
public trail purposes, and all uses necessary or convenient thereto from the
real property located at the Terminus of Smokestone Street, East of Torrey
Pine Court, Rancho Cucamonga, and identified as San Bernardino County Tax
Assessor’s Parcel Number 0228-044-24, which is owned by Chao Ping Yang
(referred to as “Yang Parcel”).
The Subject Property Interest, comprised of the above-described real property
interest, is described more particularly in the Resolution of Necessity. The
Resolution of Necessity, with its Exhibits, is attached hereto and incorporated
herein by this reference.
4. If the City Council adopts the proposed Resolution of Necessity, authorize the City
Attorney’s Office to file and prosecute an eminent domain proceeding for the
acquisition of the Subject Property Interest by eminent domain.
5. Authorize the City Manager and his designees to execute all necessary documents.
BACKGROUND:
The City Council has before it a proposed Resolution of Necessity for the acquisition by eminent
domain of certain real property interests in connection with the City’s San Sevaine Trail Project,
Phase 1, Segment 2 (“Project”). This Project is a joint agency project with the City of Fontana,
with the City of Fontana being the lead agency.
The Project requires the acquisition of additional property for a Multi-Use (bike and pedestrian)
trail. The Project extends from Banyan Street on the north and the Pacific Electric Trail, south of
Victoria Street on the south, passing under Interstate 15 and State Route 210, and spanning a
total of 1.35 miles. The Project will enhance the existing Flood Control District maintenance road
that runs parallel to the Etiwanda Channel by adding striping, trail lighting, asphalt pavement,
fencing, retaining walls, sidewalk, and curb to allow for bicyclists and pedestrian use of the Multi-
Use trail easement. When completed in July 2023, the Project will provide an additional area for
bike and pedestrian mobility access to the public, and will encompass areas of both the City of
Rancho Cucamonga and the City of Fontana. The Plans for the Project are on file with the
Engineering Services Department and are incorporated herein by this reference.
The Project requires the acquisition of the Subject Property Interest for public trail, and related
purposes, and all uses necessary or convenient thereto. The City has attempted to negotiate in
good faith with the owner to acquire the above-described Subject Property Interest. The City has
been unable to reach a negotiated acquisition with the owner of the Subject Property Interest.
Based on the timing of the Project, it is necessary that the City consider the proposed Resolution
of Necessity at this time.
ANALYSIS:
The City seeks to acquire the Subject Property Interest for public use, namely public trail and
related purposes, and all uses necessary or convenient thereto in connection with the Project.
The City seeks to construct the Project to improve bike and pedestrian mobility, and provide an
additional outdoor recreation space for its citizens. The Project’s goal of converting a portion of
Page 253
Page 3
1
0
9
1
the Flood Control District’s existing maintenance road into a Multi-Use path, is identified in the
City’s General Plan.
The Project was planned and located to minimize the impact on the adjacent properties. Because
of its scope, the Project requires the acquisition of a non-exclusive, permanent easement over a
portion of property that is privately owned and is currently encumbered by a flood control
easement and storm-channel improvements. Due to the existing flood control easement and the
existing storm-channel improvements, the property is not developable. Further, the property is
zoned as Flood Control / Utility Corridor - Open Space. The construction of the Project will not
require any business/residential relocations. The City will coordinate the construction with the
owner of the Subject Property Interest to minimize the impact of the Project on the parcel. Based
on the timing of the Project, it is necessary that the City consider the acquisition by eminent
domain of the required Subject Property Interest.
The City seeks to acquire the Subject Property Interest for public use, namely public trail and
related purposes, and all uses necessary or convenient thereto in connection with the Project
pursuant to the authority conferred on the City of Rancho Cucamonga to acquire real property by
eminent domain by Section 19 of Article 1 of the California Constitution, Government Code
Sections 37350, 37350.5, 37351, 40401, and 40404, California Code of Civil Procedure Section
1230.010 et seq. (Eminent Domain Law), including, but not limited to, Sections 1240.010,
1240.020, 1240.110, 1240.120, 1240.150, 1240.510, 1240.610, 1240.650, and by other
provisions of law.
For the reasons set forth above, the construction of the Project is in the public interest and
necessity and is needed to improve bike and pedestrian mobility, and provide an additional
outdoor recreation space for its citizens.
Required Findings for Adoption of Resolution of Necessity Authorizing the Acquisition of
the Subject Property Interest by Eminent Domain
In order to adopt the proposed Resolution of Necessity for the acquisition by eminent domain of
the Subject Property Interest, the City Council must find and determine, that:
A. The public interest and necessity require the Project;
B. The Project is planned and located in the manner that will be most compatible
with the greatest public good and the least private injury;
C. The Subject Property Interest described in the Resolution of Necessity is
necessary for the Project; and
D. The City has made an offer as required by Government Code Section 7267.2
to the owner of record of the real property interest it seeks to acquire.
The amount of just compensation is not an issue before the City Council at this hearing. The
hearing relates to issues A, B, C, and D above. The amount of just compensation would be
determined in the eminent domain proceeding that would be filed if the City Council, in its sole
discretion, adopts the proposed Resolution of Necessity.
Page 254
Page 4
1
0
9
1
Environmental Analysis
The environmental effects of the Project were studied and analyzed pursuant to the California
Environmental Quality Act (“CEQA”), Public Resources Code Section 21000 et seq., and the
CEQA Guidelines, 14 Cal. Code Regs. Section 15000 et seq. (“CEQA Guidelines”). Effects
were also studied and analyzed pursuant to the National Environmental Policy Act (“NEPA”).
The City of Fontana (the lead agency in this joint agency project), adopted a Mitigated Negative
Declaration (MND) pursuant to the CEQA requirements on July 30, 2020.
The State of California, Department of Transportation (“Caltrans”) determined that the project
qualifies for categorical exclusion under 23 USC 327 pursuant to NEPA requirements in May
2016.
In connection with the proposed Resolution of Necessity, on January 19, 2022, City Staff reviewed
the environmental documentation prepared in connection with the Project. Pursuant to the criteria
of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City
Staff concluded that no substantial changes have occurred in the Project, no substantial changes
have occurred in the circumstances under which the Project is undertaken, and that the City has
obtained no new information of substantial importance that would require further environmental
analysis. These environmental findings are the appropriate findings with respect to the proposed
acquisition of the Subject Property Interest.
City’s Actions Pursuant to Government Code Section 7260 et seq.
Pursuant to Government Code Section 7260 et seq., the City of Rancho Cucamonga obtained a
fair market value appraisal of the Subject Property Interest and the larger parcel of which the
Subject Property Interest is a part, set just compensation in accordance with the appraised fair
market value, and extended a written offer to the owner of record. The City negotiated in good
faith with the record owner. As of the date of this Staff Report; however, the parties have not
reached a negotiated agreement. Based on the timing of the Project, it is necessary that the City
consider the adoption of the Resolution of Necessity at this time.
Following is a summary of the actions taken by the City pursuant to Government Code Section
7260 et seq.
Terminus of Smokestone Street, East of Torrey Pine Court, (APN 0228-044-24)
(Yang Parcel)
Pursuant to Government Code Section 7260 et seq., the City of Rancho Cucamonga
obtained a fair market value appraisal of the Yang Parcel and the non-exclusive
permanent easement the City seeks to acquire, for public use, namely public trail
purposes. The City set just compensation in accordance with the appraised fair market
value, and extended a written offer on September 22, 2021 to Chao Ping Yang, the owner
of record. The fair market value appraisal used a date of value of July 16, 2021.
The City’s written offer included an informational pamphlet describing the eminent domain
process and the record owner’s rights under the Eminent Domain Law. In accordance
with Government Code Section 7267.2, the City’s written offer contained a written
statement of, and summary of the basis for, the amount it established as just
compensation. The offer set forth the date of value utilized by the appraiser and explained
Page 255
Page 5
1
0
9
1
the appraiser’s opinion of the highest and best use of the property. It explained the
applicable zoning designation of the parcel. The City’s offer also summarized the principal
transactions relied on by the appraiser to arrive at the appraiser’s opinion of value. In
addition, the written offer explained the appraiser’s valuation analysis. It included the
City’s comparable market data relied on by the appraiser. Further, the City offered,
pursuant to Code of Civil Procedure Section 1263.025, to pay the record owner the
reasonable costs, up to $5,000.00, for an independent appraisal of the parcel.
The City made several attempts to follow up and negotiate with the owner regarding the
City’s offer. Based on the timing of the Project, it is necessary for the City Council to
consider the adoption of the proposed Resolution of Necessity authorizing the acquisition
by eminent domain of the Subject Property Interest needed from the Yang Parcel.
City’s Actions Pursuant to Code of Civil Procedure Section 1245.235
Pursuant to Code of Civil Procedure Section 1245.235, the City sent a letter and a notice by first-
class mail dated December 22, 2021 to the record owner of the Subject Property Interest the City
seeks to acquire, informing him of the City’s intent to consider at its January 19, 2022 meeting,
the adoption of a resolution of necessity for the acquisition by eminent domain of the Subject
Property Interest.
The notice advised the record owner of his right to appear and be heard regarding the City’s
proposed adoption of the Resolution of Necessity by filing, within fifteen days of the date the
notice was mailed, a written request with the City to appear at the hearing. The notice specifically
informed the record owner of the Subject Property Interest that he has an opportunity to appear
before the City Council and raise questions about whether the public interest and necessity
require the Project; whether the Project is planned or located in the manner that will be most
compatible with the greatest public good and the least private injury; and whether the Subject
Property Interest the City seeks to acquire from the owner of record is necessary for the Project.
As discussed above, based on the proposed timing of the Project, it is necessary for the City
Council to consider the adoption of the proposed Resolution of Necessity at this time.
This hearing relates to issues A, B, C, and D below.
REQUIRED FINDINGS FOR ADOPTION OF RESOLUTION OF NECESSITY
A. The Public Interest and Necessity Require the Project
The Project, as planned and designed, is in the public interest and necessity and
is needed to construct and maintain a Multi-Use (bike and pedestrian) trail. The
Project extends from Banyan Street on the north and the Pacific Electric Trail,
south of Victoria Street on the south, passing under Interstate 15, and spanning a
total of 1.35 miles. The Project will enhance the existing Flood Control District
maintenance road that runs parallel to the Etiwanda Channel by adding striping,
trail lighting, asphalt pavement, fencing, retaining walls, sidewalk, and curb to allow
bicyclist and pedestrian use of the Multi-Use trail easement. When completed in
July 2023, the Project will provide an additional area for bike and pedestrian
mobility access to the public, and will encompass areas of both the City of Rancho
Cucamonga and the City of Fontana. The Plans for the Project are on file with the
Engineering Services Department and are incorporated herein by this reference.
Page 256
Page 6
1
0
9
1
The Project, as planned and designed, is consistent with the Land Use and
Community Character Element of the General Plan. Goal LC-5, Connected
Corridors, provides for “A citywide network of transportation and open space
corridors that provides a high level of connectivity for pedestrians, bicyclists,
equestrians, motorists, and transit users. Further, Goal OS-1, Open Space,
provides for “A complete, connected network of diverse parks, trails, and rural and
natural open space that support a wide variety of recreational, educational and
outdoor activities.” Goal OS-2, Trails, provides for “A complete, connected network
of diverse trails and connected open space that improves access to all areas of
the city and encourages non-motorized activities.” Specifically, Goal OS-2.5
provides, “Utility Corridors. Preserve the primary function of utility corridors while
providing every reasonable opportunity for shared public use for active mobility
and recreational purposes.” The City seeks to acquire the Subject Property
Interest for public use, namely a non-exclusive, Multi-Use (bike and pedestrian)
trail and related purposes, and all uses necessary or convenient thereto in
connection with the Project. The City seeks to construct the Project to improve
bike and pedestrian mobility, and provide a complementary use to property
encumbered with an existing flood control easement, that will benefit the
community.
The Project was planned and located to minimize the impact on the adjacent
properties. Because of its scope, the Project requires the acquisition of a non-
exclusive, permanent easement over a portion of property that is privately owned
and is currently encumbered by a flood control easement and storm-channel
improvements. Due to the existing flood control easement and the existing storm-
channel improvements, the property is not developable. Further, the property is
zoned as Flood Control / Utility Corridor - Open Space. The construction of the
Project will not require any business/residential relocations. The City will
coordinate the construction with the owner of the Subject Property Interest to
minimize the impact of the Project on the parcel. Based on the timing of the
Project, it is necessary that the City consider the acquisition by eminent domain of
the required Subject Property Interest.
The public use for which the City seeks to acquire the Subject Property Interest,
namely public trail and related purposes, and all uses necessary or convenient
thereto, will not unreasonably interfere with or impair the continuance of the public
use to which any easement holders may have appropriated the area (Code of Civil
Procedure Section 1240.510). Accordingly, the City is authorized to acquire the
Subject Property Interest pursuant to Code of Civil Procedure Sections 1240.510,
1240.610, and 1240.650.
B. The Project is Planned and Located in the Manner that will be Most
Compatible with the Greatest Public Good and the Least Private Injury
The Project, as planned and designed, is in the public interest and necessity and
is needed to construct and maintain a Multi-Use (bike and pedestrian) trail. The
Project extends from Banyan Street on the north and the Pacific Electric Trail,
south of Victoria Street on the south, passing under Interstate 15, and spanning a
total of 1.35 miles. The Project will enhance the existing Flood Control District
maintenance road that runs parallel to the Etiwanda Channel by adding striping,
trail lighting, asphalt pavement, fencing, retaining walls, sidewalk, and curb to allow
Page 257
Page 7
1
0
9
1
bicyclist and pedestrian use of the Multi-Use trail easement. When completed in
July 2023, the Project will provide an additional area for bike and pedestrian
mobility access to the public, and will encompass areas of both the City of Rancho
Cucamonga and the City of Fontana. The Plans for the Project are on file with the
Engineering Services Department and are incorporated herein by this reference.
The Project, as planned and designed, is consistent with the Land Use and
Community Character Element of the General Plan. Goal LC-5, Connected
Corridors, provides for “A citywide network of transportation and open space
corridors that provides a high level of connectivity for pedestrians, bicyclists,
equestrians, motorists, and transit users. Further, Goal OS-1, Open Space,
provides for “A complete, connected network of diverse parks, trails, and rural and
natural open space that support a wide variety of recreational, educational and
outdoor activities.” Goal OS-2, Trails, provides for “A complete, connected network
of diverse trails and connected open space that improves access to all areas of
the city and encourages non-motorized activities.” Specifically, Goal OS-2.5
provides, “Utility Corridors. Preserve the primary function of utility corridors while
providing every reasonable opportunity for shared public use for active mobility
and recreational purposes.” The City seeks to acquire the Subject Property
Interest for public use, namely a non-exclusive, Multi-Use (bike and pedestrian)
trail and related purposes, and all uses necessary or convenient thereto in
connection with the Project. The City seeks to construct the Project to improve
bike and pedestrian mobility, and provide a complementary use to property
encumbered with an existing flood control easement, that will benefit the
community.
The Project was planned and located to minimize the impact on the adjacent
properties. Because of its scope, the Project requires the acquisition of a non-
exclusive, permanent easement over a portion of property that is privately owned
and is currently encumbered by a flood control easement and storm-channel
improvements. Due to the existing flood control easement and the existing storm-
channel improvements, the property is not developable. Further, the property is
zoned Flood Control / Utility Corridor - Open Space. The construction of the
Project will not require any business/residential relocations. The City will
coordinate the construction with the owner of the Subject Property Interest to
minimize the impact of the Project on the parcel. Based on the timing of the
Project, it is necessary that the City consider the acquisition by eminent domain of
the required Subject Property Interest.
The public use for which the City seeks to acquire the Subject Property Interest,
namely public trail and related purposes, and all uses necessary or convenient
thereto, will not unreasonably interfere with or impair the continuance of the public
use to which any easement holders may have appropriated the area (Code of Civil
Procedure Section 1240.510). Accordingly, the City is authorized to acquire the
Subject Property Interest pursuant to Code of Civil Procedure Sections 1240.510,
1240.610, and 1240.650.
Page 258
Page 8
1
0
9
1
C. The Subject Property Interest Described in the Resolutions of Necessity are
Necessary for the Project
The City seeks to construct the Project, as planned and designed, to construct and
maintain a Multi-Use (bike and pedestrian) trail. The Project extends from Banyan
Street on the north and the Pacific Electric Trail, south of Victoria Street on the
south, passing under Interstate 15, and spanning a total of 1.35 miles. The Project
will enhance the existing Flood Control District maintenance road that runs parallel
to the Etiwanda Channel by adding striping, trail lighting, asphalt pavement,
fencing, retaining walls, sidewalk, and curb to allow bicyclist and pedestrian use of
the Multi-Use trail easement. When completed in July 2023, the Project will
provide an additional area for bike and pedestrian mobility access to the public,
and will encompass areas of both the City of Rancho Cucamonga and the City of
Fontana. Further, the Project is consistent with the Land Use and Community
Character Element of the City’s General Plan.
The City cannot construct the Project without the acquisition of the Subject
Property Interest, which is described more particularly in the Resolution of
Necessity:
Terminus of Smokestone Street, East of Torrey Pine Court, APN 0228-044-
24 (Yang Parcel)
An approximate 13,689 square foot non-exclusive, permanent easement
for Multi-Use public trail purposes, and all uses necessary or convenient
thereto from the real property located at the Terminus of Smokestone
Street, East of Torrey Pine Court, Rancho Cucamonga, and identified as
San Bernardino County Tax Assessor’s Parcel Number 0228-044-24,
which is owned by Chao Ping Yang.
As stated above, the public use for which the City seeks to acquire the Subject
Property Interest, namely public trail and related purposes, and all uses necessary
or convenient thereto, will not unreasonably interfere with or impair the
continuance of the public use to which any easement holders may have
appropriated the area (Code of Civil Procedure Section 1240.510). Accordingly,
the City is authorized to acquire the Subject Property Interest pursuant to Code of
Civil Procedure Sections 1240.510, 1240.610, and 1240.650.
D. The City has made an offer as required by Government Code Section
7267.2 to the owner of record of the Subject Property Interest
The City, pursuant to Government Code Section 7260 et seq., obtained a fair
market value appraisal of the Subject Property Interest, set just compensation in
accordance with the fair market value and extended a written offer to the owner of
record of the Subject Property Interest. As detailed above, the City extended to
the owner of record of the Subject Property Interest a written offer pursuant to
Government Code Section 7267.2 to acquire the Subject Property Interest for
public use, namely public trail and related purposes, and all uses necessary or
convenient thereto. Specifically, the City extended a written offer to the record
owner of the Subject Property Interest:
Page 259
Page 9
1
0
9
1
The City extended a written offer to Chao Ping Yang. to purchase an
approximate 13,689 square foot non-exclusive, permanent easement for
public trail purposes, and all uses necessary or convenient thereto over a
portion of the real property located at the Terminus of Smokestone Street,
East of Torrey Pine Court, Rancho Cucamonga, and further identified as a
portion of San Bernardino County Tax Assessor’s Parcel Number 0228-
044-24.
Incorporation of Above-Referenced Documents:
The following documents on file with the City Clerk’s Office and/or the Engineering Services
Department, which are referenced in this report, are incorporated herein by this reference:
Resolution of Necessity (attached hereto)
City of Rancho Cucamonga General Plan
Offer letter to the record owner of the Subject Property Interest
Notice pursuant to Code of Civil Procedure Section 1245.235 to the record owner
of the Subject Property Interest
Plans for Project
Environmental Documents relating to Project
Notice of Exemption
FISCAL IMPACT:
The Project is a joint agency project with the City of Fontana serving as the lead agency. In a
previously approved Memorandum of Understanding (“MOU”) identified by City of Rancho
Cucamonga Contract Number 17-029, the MOU states the funding is from the Recreational Trails
Program and Mobile Source Air Pollution Reduction Clean Transportation Funding grant money,
and Fontana money. Work performed under the MOU will be at no cost to the City of Rancho
Cucamonga.
After the project completion, the City of Rancho Cucamonga will be responsible for maintenance
cost of the portion of the Project that is within the City of Rancho Cucamonga. This will be from
the General Fund.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
The Project is creating a new trail for pedestrians and bicyclists and this supports the City
Council’s Vision of creating a world class community, and also the Values of providing a high-
quality life as well as promoting and enhancing a safe and healthy community.
ATTACHMENTS:
Attachment 1 – Proposed Resolution of Necessity 2022-007
Page 260
Resolution No. 2022-007 – Page 1 of 11
RESOLUTION NO. 2022-007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL
PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND
AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH
THE SAN SEVAINE TRAIL PROJECT, PHASE 1, SEGMENT 2 (A
PERMANENT EASEMENT OVER A PORTION OF APN 0228-044-24)
WHEREAS, the City of Rancho Cucamonga (“City”) is a municipal corporation in
the County of San Bernardino, State of California; and
WHEREAS, the City seeks to construct the San Sevaine Trail Project, Phase 1,
Segment 2 (“Project”).
The Project requires the acquisition of additional property for a Multi-Use (bike and
pedestrian) trail. The Project extends from Banyan Street on the north and the Pacific
Electric Trail, south of Victoria Street on the south, passing under Interstate 15, and
spanning a total of 1.35 miles. The Project will enhance the existing Flood Control District
maintenance road that runs parallel to the Etiwanda Channel by adding striping, trail
lighting, asphalt pavement, fencing, retaining walls, sidewalk, and curb to allow bicyclists
and pedestrian use of the Multi-Use trail easement. When completed in July 2023, the
Project will provide an additional area for bike and pedestrian mobility access to the
public, and will encompass areas of both the City of Rancho Cucamonga and the City of
Fontana. The Plans for the Project are on file with the Engineering Services Department
and are incorporated herein by this reference; and
WHEREAS, the environmental effects of the Project were studied and analyzed pursuant
to the California Environmental Quality Act (“CEQA”), Public Resources Code Section 21000 et
seq., and the CEQA Guidelines, 14 Cal. Code Regs. Section 15000 et seq. (“CEQA Guidelines”).
Effects were also studied and analyzed pursuant to the National Environmental Policy Act
(“NEPA”).
The City of Fontana (the lead agency in this joint agency project), adopted a Mitigated Negative
Declaration (MND) pursuant to the CEQA requirements on July 30, 2020.
The State of California, Department of Transportation (“Caltrans”) determined that the project
qualifies for categorical exclusion under 23 USC 327 pursuant to NEPA requirements in May
2016; and
WHEREAS, in connection with the proposed Resolution of Necessity, on January
19, 2022, City Staff reviewed the environmental documentation prepared in connection
with the Project. Pursuant to the criteria of Section 15162 of the CEQA Guidelines and
Section 21166 of the Public Resources Code, City Staff concluded that no substantial
changes have occurred in the Project, no substantial changes have occurred in the
circumstances under which the Project is undertaken, and that the City has obtained no
new information of substantial importance that would require further environmental
ATTACHMENT 1
Page 261
Resolution No. 2022-007 – Page 2 of 11
analysis. These environmental findings are the appropriate findings with respect to the
proposed acquisition of the Subject Property Interest.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho
Cucamonga as follows:
SECTION 1. The Rancho Cucamonga City Council adopts Resolution No. 2022-
007, A Resolution of the City Council of the City of Rancho Cucamonga, California,
Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing
the Acquisition Thereof in Connection with the San Sevaine Trail Project, Phase 1,
Segment 2 (a permanent easement over a portion of APN 0228-044-24).
SECTION 2. The City seeks to acquire by eminent domain the real property
interest described below in Section 3 of this Resolution for public use, namely public trail
and related purposes, and all uses necessary or convenient thereto in connection with
the San Sevaine Trail Project, Phase 1 pursuant to the authority conferred on the City of
Rancho Cucamonga to acquire real property by eminent domain by Section 19 of Article
1 of the California Constitution, Government Code Sections 37350, 37350.5, 37351,
40401, and 40404, California Code of Civil Procedure Section 1230.010 et seq. (Eminent
Domain Law), including but, not limited to, Sections 1240.010, 1240.020, 1240.110,
1240.120, 1240.150, 1240.510, 1240.610, 1240.650, and by other provisions of law.
SECTION 3. The City seeks to acquire an approximate 13,689 square foot
permanent easement over a portion of the real property located at the Terminus of
Smokestone Street, East of Torrey Pine Court, Rancho Cucamonga, California, and
further identified as San Bernardino County Tax Assessor’s Parcel Number 0228-044-24
in connection with the Project. The permanent easement is referred to herein as “Subject
Property Interest,” and APN 0228-044-24 is referred to herein as “Yang Parcel.” The
Subject Property Interest is described more particularly in Exhibit “A” and depicted on
Exhibit “B”, which are attached hereto and incorporated herein by this reference.
SECTION 4. The environmental effects of the acquisition of the Subject Property
Interest were studied as an integral part of the environmental review for the Project. In
connection with the proposed Resolution of Necessity, on January 19, 2022, City Staff
reviewed the environmental documentation prepared in connection with the Project.
Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of
the Public Resources Code, City Staff concluded that no substantial changes have
occurred in the Project, no substantial changes have occurred in the circumstances under
which the Project is undertaken, and that the City has obtained no new information of
substantial importance that would require further environmental analysis. These
environmental findings are the appropriate findings with respect to the proposed
acquisition of the Subject Property Interest.
SECTION 5. The Project, as planned and designed, is in the public interest and
necessity and is needed to construct and maintain a Multi-Use (bike and pedestrian) trail,
as more fully explained below:
Page 262
Resolution No. 2022-007 – Page 3 of 11
A. The Project extends from Banyan Street on the north and the Pacific
Electric Trail, south of Victoria Street on the south, passing under Interstate 15, and
spanning a total of 1.35 miles. The Project will enhance the existing Flood Control District
maintenance road that runs parallel to the Etiwanda Channel by adding striping, trail
lighting, asphalt pavement, fencing, retaining walls, sidewalk, and curb to allow bicyclist
and pedestrian use of the Multi-Use trail easement. When completed in July 2023, the
Project will provide an additional area for bike and pedestrian mobility access to the
public, and will encompass areas of both the City of Rancho Cucamonga and the City of
Fontana. All work is consistent with the Land Use and Community Character Element of
the City’s General Plan.
B. Goal LC-5, Connected Corridors, of the Land Use and Community
Character Element, provides for “A citywide network of transportation and open space
corridors that provides a high level of connectivity for pedestrians, bicyclists, equestrians,
motorists, and transit users. Further, Goal OS-1, Open Space, provides for “A complete,
connected network of diverse parks, trails, and rural and natural open space that support
a wide variety of recreational, educational and outdoor activities.” Goal OS-2, Trails,
provides for “A complete, connected network of diverse trails and connected open space
that improves access to all areas of the city and encourages non-motorized activities.”
Specifically, Goal OS-2.5 provides, “Utility Corridors. Preserve the primary function of
utility corridors while providing every reasonable opportunity for shared public use for
active mobility and recreational purposes.” The City seeks to acquire the Subject
Property Interest for public use, namely a non-exclusive, Multi-Use (bike and pedestrian)
trail and related purposes, and all uses necessary or convenient thereto in connection
with the Project. The City seeks to construct the Project to improve bike and pedestrian
mobility, and provide a complementary use to property encumbered with an existing flood
control easement, that will benefit the community.
C. The Project was planned and located to minimize the impact on the
adjacent properties. Because of its scope, the Project requires the acquisition of a non-
exclusive, permanent easement over a portion of property that is privately owned and is
currently encumbered by a flood control easement and storm-channel improvements.
Due to the existing flood control easement and the existing storm-channel improvements,
the property is not developable. Further, the property is zoned OS, Flood Control - Open
Space. The construction of the Project will not require any business/residential
relocations. The City will coordinate the construction with the owner of the Subject
Property Interest to minimize the impact of the Project on the parcel. Based on the timing
of the Project, it is necessary that the City consider the acquisition by eminent domain of
the required Subject Property Interest.
SECTION 6.
A. Pursuant to Government Code Section 7260 et seq., the City of
Rancho Cucamonga obtained a fair market value appraisal of the Yang Parcel, and the
approximate 13,689 square foot permanent easement the City seeks to acquire for public
use, namely public trail and related purposes, and all uses necessary or convenient
thereto.
Page 263
Resolution No. 2022-007 – Page 4 of 11
B. The City set just compensation in accordance with the appraised fair
market value, and extended a written offer on September 22, 2021 to Chao Ping Yang,
the owner of record. The fair market value appraisal used a date of value of July 16,
2021.
C. The City’s written offer included an informational pamphlet
describing the eminent domain process and the record owner’s rights under the Eminent
Domain Law. In accordance with Government Code Section 7267.2, the City’s written
offer contained a written statement of, and summary of the basis for, the amount it
established as just compensation. The offer set forth the date of value utilized by the
appraiser and explained the appraiser’s opinion of the highest and best use of the larger
parcel. It explained the applicable zoning designation of the larger parcel. The City’s
offer also summarized the principal transactions relied on by the appraiser to arrive at the
appraiser’s opinion of value. In addition, the written offer explained the appraiser’s
valuation analysis, including severance damages. It included the City’s comparable
market data relied on by the appraiser. Further, the City offered, pursuant to Code of Civil
Procedure Section 1263.025, to pay the record owner the reasonable costs, up to
$5,000.00, for an independent appraisal of the approximate 13,689 square foot
permanent easement area.
SECTION 7. The City provided written notice to the owner of record, pursuant to
Code of Civil Procedure Section 1245.235 of the City Council’s intent to consider the
adoption of a Resolution of Necessity for the acquisition of the Subject Property Interest
by eminent domain.
SECTION 8. The public use for which the City seeks to acquire the Subject
Property Interest, namely public trail and related purposes, and all uses necessary or
convenient thereto, will not unreasonably interfere with or impair the continuance of the
public use to which any easement holders may have appropriated the area (Code of Civil
Procedure Section 1240.510). Accordingly, the City is authorized to acquire the Subject
Property Interest pursuant to Code of Civil Procedure Sections 1240.510, 1240.610, and
1240.650.
SECTION 9. Based on the evidence presented at the hearing regarding the
Project, including the Agenda Report and documents referenced therein and any oral and
written testimony at the hearing, the City Council hereby finds and determines that:
A. The public interest and necessity require the Project;
B. The Project is planned and located in the manner that will be most
compatible with the greatest public good and the least private injury;
C. The Subject Property Interest described more particularly in Exhibit
“A” and depicted on Exhibit “B” hereto, is necessary for the Project; and
D. The City has made the offer required by Government Code Section
7267.2 to the record owner of the Subject Property Interest the City seeks to acquire.
Page 264
Resolution No. 2022-007 – Page 5 of 11
SECTION 10. The findings and declarations contained in this Resolution are
based upon the record before the City Council, including the Agenda Report and all
documents referenced therein, all of which are incorporated herein by this reference, and
any testimony and/or comments submitted to the City by the record owner and or the
owner’s representative(s). These documents include, but are not limited to, the City of
Rancho Cucamonga’s General Plan, the offer letter sent to the owner pursuant to
Government Code Section 7267.2, the notice to the record owner pursuant to Code of
Civil Procedure Section 1245.235 of the City’s intent to consider the adoption of the
Resolution of Necessity, San Sevaine Trail Plans for the Project, and the Notice of
Exemption for the Project.
SECTION 11. The City Council of the City of Rancho Cucamonga hereby
authorizes and directs the City Attorney’s Office to take all steps necessary to commence
and prosecute legal proceedings in a court of competent jurisdiction to acquire an
approximate 13,689 square foot permanent easement for the Project. The Subject
Property Interest is described more particularly on Exhibit “A” and depicted on Exhibit “B”
hereto.
SECTION 12. The City Council of the City of Rancho Cucamonga hereby
authorizes the City Manager to execute all necessary documents in connection with the
eminent domain proceeding.
SECTION 13. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 19th day of January, 2022.
________________________
L. Dennis Michael, Mayor
City of Rancho Cucamonga
ATTEST:
Janice C. Reynolds, City Clerk
City of Rancho Cucamonga
APPROVED AS TO FORM:
Nicholas R. Ghirelli, City Attorney
Richards, Watson & Gershon
Page 265
Resolution No. 2022-007 – Page 6 of 11
CERTIFICATION:
I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, California, do hereby
certify that the foregoing Resolution No. 2022-007, was duly adopted by the City Council
of the City of Rancho Cucamonga, California, at a regular meeting thereof held on the
19th day of January, 2022, by the following vote, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
_______________________________
Janice C. Reynolds, City Clerk
City of Rancho Cucamonga, California
Page 266
Resolution No. 2022-007 – Page 7 of 11 Page 267
Resolution No. 2022-007 – Page 8 of 11 Page 268
Resolution No. 2022-007 – Page 9 of 11 Page 269
Resolution No. 2022-007 – Page 10 of 11 Page 270
Resolution No. 2022-007 – Page 11 of 11 Page 271
San Sevaine
Trail Project
Public Hearing
Resolution of Necessity
Public Need –Project Description
Public Need –Existing Conditions
Smokestone St.
Flood Control Channel
Larger Parcel
Public Need –Existing Conditions
Public Need
Proposed Improvements
Project will construct a Multi-Use Trail including:
•Striping
•Trail Lighting
•Asphalt Pavement
•Fencing
•Retaining Walls
•Sidewalk
•Curb
Public Need
Proposed Improvements
The project will result in:
•1.35 miles of new multi-use
trail
•Implementation of General
Plan goals for multi-modal
mobility
•Expanded space for biking
and walking
Right-of-Way Needs/Offers
Yang Parcel:
13,689 SF of Non-Exclusive Permanent
Easement for Public Trail Purposes is
Needed for the Project.
Larger Parcel
Necessary Findings
A.The public interest and necessity require the project.
B.The proposed project is planned and located in the
manner that will be most compatible with the greatest
public good and least private injury.
C.The subject property interests described in each
Resolution of Necessity are necessary for the
proposed project.
D.The City has made an offer as required by Government
Code Section 7267.2 to each of the owners of record
of the real property it seeks to acquire.
DATE:January 19, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Jason C. Welday, Director of Engineering Services/City Engineer
Ian Tai, Associate Engineer
SUBJECT:Consideration of Resolutions of Necessity of the City of Rancho
Cucamonga, Declaring Certain Real Property Interests Necessary for
Public Purposes and Authorizing the Acquisition Thereof in Connection
with the City’s Etiwanda Grade Separation Project (Kular Truck Line, Inc.,
8783 Etiwanda Avenue and 12949 Whittram Avenue, San Bernardino
County Tax Assessor’s Parcel Number 0229-162-14; Lightning PM, LLC,
8889 Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel
Numbers 0229-291-17 & 18; SCG of DP Etiwanda, LLC, 8768 & 8822
Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel
Numbers 0229-131-15, 16 & 26; Jones Family Trust, Garness Family
Trust, & Clemons Revocable Trust, 8821 Etiwanda Avenue, San
Bernardino County Tax Assessor’s Parcel Number 0229-162-15;
Goodman Rancho SPE, LLC, 12521 Arrow Route and 8688 Etiwanda
Avenue, San Bernardino County Tax Assessor’s Parcel Numbers 0229-
131-30 & 31; BTC III Rancho Cucamonga Logistics Center, LP, 8996
Etiwanda Avenue, San Bernardino County Tax Assessor’s Parcel
Number 0229-283-79; BCORE IE West Owner, LLC, 8939 Etiwanda
Avenue, San Bernardino County Tax Assessor’s Parcel Number 0229-
291-55; Southern California Edison Company, 8949 Etiwanda Avenue,
San Bernardino County Tax Assessor’s Parcel Number 0229-291-22;
Colombero Family Limited Partnership, 8685 - 8821 Etiwanda Avenue
and 12928 - 12974 Whittram Avenue, San Bernardino County Tax
Assessor’s Parcel Numbers 0229-151-15 & 28 and 0229-161-01, 02, 03,
04, 05, 19 & 20). (RESOLUTION NOS. 2022-008, 2022-009, 2022-010,
2022-011, 2022-012, 2022-013, 2022-014, 2022-015, 2022-016) (CITY).
RECOMMENDATION:
Staff recommends that the City Council:
1. Consider the following nine Resolutions, which are Resolutions of Necessity of the City of
Rancho Cucamonga Declaring Certain Real Property Interests Necessary for Public
Purposes and Authorizing the Acquisition Thereof in Connection with the City’s Etiwanda
Grade Separation Project:
Page 272
Page 2
1
0
9
0
Resolution No. 2022-008 (Kular Truck Line Parcel)
Resolution No. 2022-009 (Lightning PM Parcel)
Resolution No. 2022-010 (SCG of DP Etiwanda Parcel)
Resolution No. 2022-011 (Jones, Garness & Clemons Parcel)
Resolution No. 2022-012 (Goodman Rancho SPE Parcel)
Resolution No. 2022-013 (BTC III Parcel)
Resolution No. 2022-014 (BCORE IE Parcel)
Resolution No. 2022-015 (SCE Parcel)
Resolution No. 2022-016 (Colombero Parcel)
2. Open and conduct a hearing on the adoption of the proposed Resolutions of Necessity,
receive from City Staff the evidence stated and referred to in this Agenda Report
(“Report”), take testimony from any person wishing to be heard on issues A, B, C, and D
below, and consider all evidence to determine whether to adopt each proposed Resolution
of Necessity, each of which requires the City Council’s consideration and determination.
3. If the City Council finds, based on the evidence contained and referred to in this Report,
the testimony and comments submitted to the City Council, that the evidence warrants the
necessary findings with respect to each of the proposed Resolutions of Necessity, then
City Staff recommends that the City Council, in the exercise of its discretion, adopt
proposed Resolution of Necessity No. 2022-008, Resolution of Necessity No. 2022-009,
Resolution of Necessity No. 2022-010, Resolution of Necessity No. 2022-011, Resolution
of Necessity No. 2022-012, Resolution of Necessity No. 2022-013, Resolution of
Necessity No. 2022-014, Resolution of Necessity No. 2022-015, and Resolution of
Necessity No. 2022-016 (each of which requires a 4/5ths vote of the entire City Council)
and authorize the City Attorney’s office to file eminent domain proceedings to acquire the
following real property interests (referred to below collectively as the “Subject Property
Interests”) from the parcels described below:
8783 Etiwanda Avenue and 12949 Whittram Avenue, APN 0229-162-14 (Kular Truck
Line Parcel)
A fee simple interest for grade separation purposes, and all uses necessary or
convenient thereto in the real property located at 8783 Etiwanda Avenue and 12949
Whittram Avenue, Rancho Cucamonga, and identified as San Bernardino County Tax
Assessor’s Parcel Number 0229-162-14, which is owned by Kular Truck Line, Inc.
(referred to as “Kular Parcel”).
8889 Etiwanda Avenue, APNs 0229-291-17 & 18 (Lightning PM Parcel)
An approximate 2,655 square foot temporary construction easement with a term of 18
months for grade separation purposes, and all uses necessary or convenient thereto
from the real property located at 8889 Etiwanda Avenue, Rancho Cucamonga, and
Page 273
Page 3
1
0
9
0
identified as San Bernardino County Tax Assessor’s Parcel Numbers 0229-291-17
and 0229-291-18, which is owned by Lightning PM LLC (referred to as “Lightning PM
Parcel”).
8768 and 8822 Etiwanda Avenue, APNs 0229-131-15, 16 & 26 (SCG of DP Etiwanda
Parcel)
An approximate 8,073 square foot temporary construction easement with a term of 18
months for grade separation purposes, and all uses necessary or convenient thereto
from the real property located at 8768 and 8822 Etiwanda Avenue, Rancho
Cucamonga, and identified as San Bernardino County Tax Assessor’s Parcel
Numbers 0229-131-15, 0229-131-16, and 0229-131-26, which is owned by SCG of
DP Etiwanda LLC (referred to as “SCG of DP Etiwanda Parcel”).
8821 Etiwanda Avenue, APN 0229-162-15 (Jones, Garness & Clemons Parcel)
An approximate 5,011 square foot temporary construction easement with a term of 18
months for grade separation purposes, and all uses necessary or convenient thereto
from the real property located at 8821 Etiwanda Avenue, Rancho Cucamonga, and
identified as San Bernardino County Tax Assessor’s Parcel Number 0229-162-15,
which is owned by the Jones Family Trust, The Garness Family Trust, and the
Clemons Revocable Trust (referred to as “Jones, Garness, and Clemons Parcel”).
12521 Arrow Route & 8688 Etiwanda Avenue, APNs 0229-131-30 & 31 (Goodman
Rancho SPE Parcel)
Two temporary construction easements, each with a term of 30 months, for grade
separation purposes, and all uses necessary or convenient thereto, consisting of
approximately 1,254 square feet and approximately 4,024 square feet over portions of
the real property located at 12521 Arrow Route and 8688 Etiwanda Avenue, Rancho
Cucamonga, California, and further identified as San Bernardino County Tax
Assessor’s Parcel Numbers 0229-131-30 and 0229-131-31, which is owned by
Goodman Rancho SPE LLC.
8996 Etiwanda Avenue, APN 0229-283-79 (BTC III Parcel)
An approximate 401 square foot permanent easement, an approximate 14,801 square
foot permanent easement, and an approximate 7,936 square foot temporary
construction easement with a term of 30 months for grade separation purposes, and
all uses necessary or convenient thereto from the real property located at 8996
Etiwanda Avenue, Rancho Cucamonga, and identified as San Bernardino County Tax
Assessor’s Parcel Number 0229-283-79, which is owned by BTC III Rancho
Cucamonga Logistics Center, LP (referred to as “BTC III Parcel”).
8939 Etiwanda Avenue, APN 0229-291-55 (BCORE IE Parcel)
An approximate 1,201 square foot permanent easement and an approximate 1,295
square foot temporary construction easement with a term of 30 months for grade
separation purposes, and all uses necessary or convenient thereto from the real
property located at 8939 Etiwanda Avenue, Rancho Cucamonga, and identified as
Page 274
Page 4
1
0
9
0
San Bernardino County Tax Assessor’s Parcel Number 0229-291-55, which is owned
by BCORE IE West Owner, LLC (referred to as “BCORE IE Parcel”).
8949 Etiwanda Avenue, APN 0229-291-22 (SCE Parcel)
An approximate 52,464 square foot permanent easement and an approximate 1,972
square foot temporary construction easement with a term of 18 months for grade
separation purposes, and all uses necessary or convenient thereto from the real
property located at 8949 Etiwanda Avenue, Rancho Cucamonga, and identified as
San Bernardino County Tax Assessor’s Parcel Number 0229-291-22, which is owned
by Southern California Edison Company (referred to as “SCE Parcel”).
8685 to 8821 Etiwanda Avenue & 12928 to 12974 Whittram Avenue, APNs 0229-
151-15 & 28, 0229-161-01, 02, 03, 04, 05, 19 & 20 (Colombero Parcel)
An approximate 5,130 square foot permanent easement, an approximate 2,986
square foot maintenance and construction easement, and an approximate 3,192
square foot temporary construction easement and an approximate 677 square foot
temporary construction easement, each with a term of 30 months, for grade separation
purposes, and all uses necessary or convenient thereto from the real property located
at 8685 to 8821 Etiwanda Avenue & 12928 to 12974 Whittram Avenue, Rancho
Cucamonga, and identified as San Bernardino County Tax Assessor’s Parcel
Numbers 0229-151-15 & 28, 0229-161-01, 02, 03, 04, 05, 19 & 20, which is owned by
Colombero Family Limited Partnership (referred to as “Colombero Parcel”).
The Subject Property Interests, comprised of the above-described real property interests,
are described more particularly in each respective Resolution of Necessity. The
Resolutions of Necessity, with their respective Exhibits, are attached hereto and
incorporated herein by this reference.
4. If the City Council adopts the proposed Resolutions of Necessity, authorize the City
Attorney’s Office to file and prosecute an eminent domain proceedings for the acquisition
of the Subject Property Interests by eminent domain.
5. Authorize the City Manager to execute all necessary documents.
BACKGROUND:
The City Council has before it nine proposed Resolutions of Necessity for the acquisition by
eminent domain of certain real property interests in connection with the City’s Etiwanda Grade
Separation Project (“Project”).
The Project requires the acquisition of additional right of way for grade separation. The Project
involves the widening and construction of Etiwanda Avenue as a four-lane grade separated
roadway over the Southern California Regional Rail Authority (“SCRRA”)/Burlington Northern and
Santa Fe Railroad (“BNSF”) San Gabriel subdivision, currently a two-lane at-grade crossing. The
Project will construct an overhead crossing, utilizing walls and embankments to support the raised
approaching roadway. It will span the railroad right-of-way and provide access to adjacent
properties. The Project will widen Etiwanda Avenue to four traffic lanes including a painted
median/left turn lane with bike lanes and sidewalks on each side and a northbound right turn lane
onto Whittram Avenue. When completed in 2024, the Project will reduce vehicle and truck delays,
as well as queuing. It will improve mobility, safety, and level of service at the crossing, and it will
Page 275
Page 5
1
0
9
0
provide for the safe transit of pedestrians, bicyclists, vehicles, trucks, and trains. Furthermore,
the Project will provide for improved response times in the area for first responders such as police
officers, firefighters, paramedics, and emergency medical technicians. The Plans for the Project
are on file with the Engineering Services Department and are incorporated herein by this
reference.
The Project requires the acquisition of the Subject Property Interests for grade separation, and
related purposes, and all uses necessary or convenient thereto. The City has attempted to
negotiate in good faith with each of the owners to acquire the above-described Subject Property
Interests. The owners of the Subject Property Interests have either not responded to the City’s
communications, or the City has been unable to reach a negotiated acquisition with the owners
for the Subject Property Interests. Based on the timing of the Project, it is necessary that the City
consider the proposed Resolutions of Necessity at this time.
ANALYSIS:
The City seeks to acquire the Subject Property Interests for public use, namely grade separation
and related purposes, and all uses necessary or convenient thereto in connection with the Project.
The City seeks to construct the Project to improve circulation, mobility, and vehicle and rail safety.
The Project’s goal of converting the portion of Etiwanda Avenue where it crosses the SCRRA
railroad corridor into a grade separated crossing, is identified in the City’s General Plan.
The Project was planned and located to minimize the impact on the adjacent properties. Because
of its scope, the Project requires the acquisition of several permanent easements and temporary
construction easements over portions of 10 larger parcels, as well as fee interests in two parcels
owned by private property owners. The construction of the Project will require some
business/residential relocations. The City will coordinate the construction with the owners of the
Subject Property Interests to minimize the impact of the Project on the parcels and to assist those
persons and businesses displaced by the Project. Based on the timing of the Project, it is
necessary that the City consider the acquisition by eminent domain of the required Subject
Property Interests.
The City seeks to acquire the Subject Property Interests for public use, namely grade separation
and related purposes, and all uses necessary or convenient thereto in connection with the Project
pursuant to the authority conferred on the City of Rancho Cucamonga to acquire real property by
eminent domain by Section 19 of Article 1 of the California Constitution, Government Code
Sections 37350, 37350.5, 37351, 40401, and 40404, California Code of Civil Procedure Section
1230.010 et seq. (Eminent Domain Law), including but not limited to Sections 1240.010,
1240.020, 1240.110, 1240.120, 1240.150, 1240.510, 1240.610, 1240.650, and by other
provisions of law.
For the reasons set forth above, the construction of the Project is in the public interest and
necessity and is needed to improve circulation, mobility, and vehicle and rail safety.
Required Findings for Adoption of Resolutions of Necessity Authorizing the Acquisition
of the Subject Property Interests by Eminent Domain
In order to adopt the proposed Resolutions of Necessity for the acquisition by eminent domain of
the Subject Property Interests, the City Council must find and determine, that:
A. The public interest and necessity require the Project;
Page 276
Page 6
1
0
9
0
B. The Project is planned and located in the manner that will be most compatible
with the greatest public good and the least private injury;
C. The Subject Property Interests described in the Resolutions of Necessity are
necessary for the Project; and
D. The City has made an offer as required by Government Code Section 7267.2
to the owners of record of the real property interests it seeks to acquire.
The amount of just compensation is not an issue before the City Council at this hearing. The
hearing relates to issues A, B, C, and D above. The amount of just compensation would be
determined in the eminent domain proceedings that would be filed if the City Council, in its sole
discretion, adopts the proposed Resolutions of Necessity.
Environmental Analysis
The environmental effects of the Project were studied and analyzed pursuant to the California
Environmental Quality Act (“CEQA”), Public Resources Code Section 21000 et seq., and the
CEQA Guidelines, 14 Cal. Code Regs. Section 15000 et seq. (“CEQA Guidelines”). City Staff
determined that the Project was statutorily exempt pursuant to CEQA Article 18. Statutory
Exemptions, Section 15282. Other Statutory Exemptions, paragraph (g):
Any railroad grade separation project which eliminates an existing grade crossing or
which reconstructs an existing grade separation as set forth in Section 21080.13 of the
Public Resources Code.
On June 6, 2018, the City Council approved the Notice of Exemption and authorized Staff to file
the Notice of Exemption with the Office of Planning and Research and the County clerk as
specified in Section 21080.13(2) of the Public Resources Code. The City duly filed the Notice of
Exemption with the Office of Planning and Research and with the Clerk of the Board of
Supervisors, County of San Bernardino on or about June 11, 2018 in accordance with the
statutory requirements.
In connection with the proposed Resolutions of Necessity, on January 19, 2022, City Staff
reviewed the environmental documentation prepared in connection with the Project. Pursuant to
the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources
Code, City Staff concluded that no substantial changes have occurred in the Project, no
substantial changes have occurred in the circumstances under which the Project is undertaken,
and that the City has obtained no new information of substantial importance that would require
further environmental analysis. These environmental findings are the appropriate findings with
respect to the proposed acquisition of the Subject Property Interests.
City’s Actions Pursuant to Government Code Section 7260 et seq.
Pursuant to Government Code Section 7260 et seq., the City of Rancho Cucamonga obtained
fair market value appraisals of the Subject Property Interests and the larger parcels of which the
permanent and temporary construction easements of the Subject Property Interests are a part,
set just compensation in accordance with the appraised fair market values, and extended written
offers to the owners of record. The City negotiated in good faith with the record owners. As of
the date of this Staff Report; however, the parties have not reached a negotiated agreement.
Page 277
Page 7
1
0
9
0
Based on the timing of the Project, it is necessary that the City consider the adoption of the
Resolutions of Necessity at this time.
Following is a summary of the actions taken by the City pursuant to Government Code Section
7260 et seq.
8783 Etiwanda Avenue and 12949 Whittram Avenue, APN 0229-162-14 (Kular Truck
Line Parcel)
Pursuant to Government Code Section 7260 et seq., the City of Rancho Cucamonga
obtained a fair market value appraisal of the Kular Parcel the City seeks to acquire in fee
simple, for public use, namely grade separation purposes. The City set just compensation
in accordance with the appraised fair market value, and extended a written offer on
September 22, 2021 to Kular Truck Line, Inc., the owner of record. The fair market value
appraisal used a date of value of July 16, 2021.
The City’s written offer included an informational pamphlet describing the eminent domain
process and the record owner’s rights under the Eminent Domain Law. In accordance
with Government Code Section 7267.2, the City’s written offer contained a written
statement of, and summary of the basis for, the amount it established as just
compensation. The offer set forth the date of value utilized by the appraiser and explained
the appraiser’s opinion of the highest and best use of the property. It explained the
applicable zoning designation of the parcel. The City’s offer also summarized the principal
transactions relied on by the appraiser to arrive at the appraiser’s opinion of value. In
addition, the written offer explained the appraiser’s valuation analysis. It included the
City’s comparable market data relied on by the appraiser. Further, the City offered,
pursuant to Code of Civil Procedure Section 1263.025, to pay the record owner the
reasonable costs, up to $5,000.00, for an independent appraisal of the parcel.
The City made several attempts to follow up and negotiate with the owner regarding the
City’s offer. Based on the timing of the Project, it is necessary for the City Council to
consider the adoption of the proposed Resolution of Necessity authorizing the acquisition
by eminent domain of the Subject Property Interest needed from the Kular Parcel.
8889 Etiwanda Avenue, APNs 0229-291-17 & 18 (Lightning PM Parcel)
Pursuant to Government Code Section 7260 et seq., the City of Rancho Cucamonga
obtained a fair market value appraisal of the Lightning PM Parcel, and the approximate
2,655 square foot temporary construction easement the City seeks to acquire for a period
of 18 months for public use, namely grade separation purposes. The City set just
compensation in accordance with the appraised fair market value, and extended a written
offer on October 26, 2021 to Lightning PM LLC, the owner of record. The fair market value
appraisal used a date of value of October 14, 2021.
The City’s written offer included an informational pamphlet describing the eminent domain
process and the record owner’s rights under the Eminent Domain Law. In accordance
with Government Code Section 7267.2, the City’s written offer contained a written
statement of, and summary of the basis for, the amount it established as just
compensation. The offer set forth the date of value utilized by the appraiser and explained
the appraiser’s opinion of the highest and best use of the larger parcel. It explained the
applicable zoning designation of the larger parcel. The City’s offer also summarized the
Page 278
Page 8
1
0
9
0
principal transactions relied on by the appraiser to arrive at the appraiser’s opinion of
value. In addition, the written offer explained the appraiser’s valuation analysis, including
severance damages. It included the City’s comparable market data relied on by the
appraiser. Further, the City offered, pursuant to Code of Civil Procedure Section
1263.025, to pay the record owner the reasonable costs, up to $5,000.00, for an
independent appraisal of the approximate 2,655 square foot temporary construction
easement area.
The City made several attempts to follow up and negotiate with the owner regarding the
City’s offer. Based on the timing of the Project, it is necessary for the City Council to
consider the adoption of the proposed Resolution of Necessity authorizing the acquisition
by eminent domain of the Subject Property Interest needed from the Lightning PM Parcel.
8768 and 8822 Etiwanda Avenue, APNs 0229-131-15, 16 & 26 (SCG of DP Etiwanda
Parcel)
Pursuant to Government Code Section 7260 et seq., the City of Rancho Cucamonga
obtained a fair market value appraisal of the SCG of DP Etiwanda Parcel, and the
approximate 8,073 square foot temporary construction easement the City seeks to acquire
for a period of 18 months for public use, namely grade separation purposes. The City set
just compensation in accordance with the appraised fair market value, and extended a
written offer on October 26, 2021, to SCG of DP Etiwanda LLC, the owner of record. The
fair market value appraisal used a date of value of October 14, 2021.
The City’s written offer included an informational pamphlet describing the eminent domain
process and the record owner’s rights under the Eminent Domain Law. In accordance
with Government Code Section 7267.2, the City’s written offer contained a written
statement of, and summary of the basis for, the amount it established as just
compensation. The offer set forth the date of value utilized by the appraiser and explained
the appraiser’s opinion of the highest and best use of the larger parcel. It explained the
applicable zoning designation of the larger parcel. The City’s offer also summarized the
principal transactions relied on by the appraiser to arrive at the appraiser’s opinion of
value. In addition, the written offer explained the appraiser’s valuation analysis, including
severance damages. It included the City’s comparable market data relied on by the
appraiser. Further, the City offered, pursuant to Code of Civil Procedure Section
1263.025, to pay the record owner the reasonable costs, up to $5,000.00, for an
independent appraisal of the approximate 8,073 square foot temporary construction
easement area.
The City made several attempts to follow up and negotiate with the owner regarding the
City’s offer. Based on the timing of the Project, it is necessary for the City Council to
consider the adoption of the proposed Resolution of Necessity authorizing the acquisition
by eminent domain of the Subject Property Interest needed from the SCG of DP Etiwanda
Parcel.
8821 Etiwanda Avenue, APN 0229-162-15 (Jones, Garness & Clemons Parcel)
Pursuant to Government Code Section 7260 et seq., the City of Rancho Cucamonga
obtained a fair market value appraisal of the Jones, Garness & Clemons Parcel, and the
approximate 5,011 square foot temporary construction easement the City seeks to acquire
for a period of 18 months for public use, namely grade separation purposes. The City set
Page 279
Page 9
1
0
9
0
just compensation in accordance with the appraised fair market value, and extended a
written offer on October 26, 2021 to the trustees of the Jones Family Trust, the Garness
Family Trust, and the Clemons Revocable Trust, the owners of record. The fair market
value appraisal used a date of value of October 14, 2021.
The City’s written offer included an informational pamphlet describing the eminent domain
process and the record owner’s rights under the Eminent Domain Law. In accordance
with Government Code Section 7267.2, the City’s written offer contained a written
statement of, and summary of the basis for, the amount it established as just
compensation. The offer set forth the date of value utilized by the appraiser and explained
the appraiser’s opinion of the highest and best use of the larger parcel. It explained the
applicable zoning designation of the larger parcel. The City’s offer also summarized the
principal transactions relied on by the appraiser to arrive at the appraiser’s opinion of
value. In addition, the written offer explained the appraiser’s valuation analysis, including
severance damages. It included the City’s comparable market data relied on by the
appraiser. Further, the City offered, pursuant to Code of Civil Procedure Section
1263.025, to pay the record owner the reasonable costs, up to $5,000.00, for an
independent appraisal of the approximate 5,011 square foot temporary construction
easement area.
The City made several attempts to follow up and negotiate with the owner regarding the
City’s offer. Based on the timing of the Project, it is necessary for the City Council to
consider the adoption of the proposed Resolution of Necessity authorizing the acquisition
by eminent domain of the Subject Property Interest needed from the Jones, Garness &
Clemons Parcel.
12521 Arrow Route & 8688 Etiwanda Avenue, (APNs 0229-131-30 & 31) (Goodman
Rancho Parcel)
Pursuant to Government Code Section 7260 et seq., the City of Rancho Cucamonga
obtained a fair market value appraisal of the Goodman Rancho Parcel, and the
approximate 1,254 square foot and 4,024 square foot temporary construction easements
the City seeks to acquire, each for a period of 30 months, for public use, namely grade
separation purposes. The City set just compensation in accordance with the appraised
fair market value, and extended a written offer on October 26, 2021 to Goodman Rancho
SPE LLC, the owner of record. The fair market value appraisal used a date of value of
October 14, 2021.
The City’s written offer included an informational pamphlet describing the eminent domain
process and the record owner’s rights under the Eminent Domain Law. In accordance
with Government Code Section 7267.2, the City’s written offer contained a written
statement of, and summary of the basis for, the amount it established as just
compensation. The offer set forth the date of value utilized by the appraiser and explained
the appraiser’s opinion of the highest and best use of the larger parcel. It explained the
applicable zoning designation of the larger parcel. The City’s offer also summarized the
principal transactions relied on by the appraiser to arrive at the appraiser’s opinion of
value. In addition, the written offer explained the appraiser’s valuation analysis, including
severance damages. It included the City’s comparable market data relied on by the
appraiser. Further, the City offered, pursuant to Code of Civil Procedure Section
1263.025, to pay the record owner the reasonable costs, up to $5,000.00, for an
Page 280
Page 10
1
0
9
0
independent appraisal of the approximate 1,254 square foot and 4,024 square foot
temporary construction easement areas.
The City made several attempts to follow up and negotiate with the owner regarding the
City’s offer. Based on the timing of the Project, it is necessary for the City Council to
consider the adoption of the proposed Resolution of Necessity authorizing the acquisition
by eminent domain of the Subject Property Interest needed from the Goodman Rancho
Parcel.
8996 Etiwanda Avenue, APN 0229-283-79 (BTC III Parcel)
Pursuant to Government Code Section 7260 et seq., the City of Rancho Cucamonga
obtained a fair market value appraisal of the BTC III Parcel, the approximate 401 square
foot permanent easement, the approximate 14,801 square foot permanent easement, and
the approximate 7,936 square foot temporary construction easement with a term of 30
months the City seeks to acquire for public use, namely grade separation purposes. The
City set just compensation in accordance with the appraised fair market value, and
extended a written offer on December 3, 2021 to BTC III Rancho Cucamonga Logistics
Center, LP, the owner of record. The fair market value appraisal used a date of value of
October 14, 2021.
The City’s written offer included an informational pamphlet describing the eminent domain
process and the record owner’s rights under the Eminent Domain Law. In accordance
with Government Code Section 7267.2, the City’s written offer contained a written
statement of, and summary of the basis for, the amount it established as just
compensation. The offer set forth the date of value utilized by the appraiser and explained
the appraiser’s opinion of the highest and best use of the larger parcel. It explained the
applicable zoning designation of the larger parcel. The City’s offer also summarized the
principal transactions relied on by the appraiser to arrive at the appraiser’s opinion of
value. In addition, the written offer explained the appraiser’s valuation analysis, including
severance damages. It included the City’s comparable market data relied on by the
appraiser. Further, the City offered, pursuant to Code of Civil Procedure Section
1263.025, to pay the record owner the reasonable costs, up to $5,000.00, for an
independent appraisal of the approximate 401 square foot permanent easement area, the
approximate 14,801 square foot permanent easement area, and the approximate 7,936
square foot temporary construction easement area.
The City made several attempts to follow up and negotiate with the owner regarding the
City’s offer. Based on the timing of the Project, it is necessary for the City Council to
consider the adoption of the proposed Resolution of Necessity authorizing the acquisition
by eminent domain of the Subject Property Interests needed from the BTC III Parcel.
8939 Etiwanda Avenue, APN 0229-291-55 (BCORE IE Parcel)
Pursuant to Government Code Section 7260 et seq., the City of Rancho Cucamonga
obtained a fair market value appraisal of the BCORE IE Parcel, the approximate 1,201
square foot permanent easement and the approximate 1,295 square foot temporary
construction easement with a term of 30 months the City seeks to acquire for public use,
namely grade separation purposes. The City set just compensation in accordance with
the appraised fair market value, and extended a written offer on December 3, 2021 to
Page 281
Page 11
1
0
9
0
BCORE IE West Owner, LLC, the owner of record. The fair market value appraisal used
a date of value of October 14, 2021.
The City’s written offer included an informational pamphlet describing the eminent domain
process and the record owner’s rights under the Eminent Domain Law. In accordance
with Government Code Section 7267.2, the City’s written offer contained a written
statement of, and summary of the basis for, the amount it established as just
compensation. The offer set forth the date of value utilized by the appraiser and explained
the appraiser’s opinion of the highest and best use of the larger parcel. It explained the
applicable zoning designation of the larger parcel. The City’s offer also summarized the
principal transactions relied on by the appraiser to arrive at the appraiser’s opinion of
value. In addition, the written offer explained the appraiser’s valuation analysis, including
severance damages. It included the City’s comparable market data relied on by the
appraiser. Further, the City offered, pursuant to Code of Civil Procedure Section
1263.025, to pay the record owner the reasonable costs, up to $5,000.00, for an
independent appraisal of the approximate 1,201 square foot permanent easement area
and the approximate 1,295 square foot temporary construction easement area.
The City made several attempts to follow up and negotiate with the owner regarding the
City’s offer. Based on the timing of the Project, it is necessary for the City Council to
consider the adoption of the proposed Resolution of Necessity authorizing the acquisition
by eminent domain of the Subject Property Interests needed from the BCORE IE Parcel.
8949 Etiwanda Avenue, APN 0229-291-22 (SCE Parcel)
Pursuant to Government Code Section 7260 et seq., the City of Rancho Cucamonga
obtained a fair market value appraisal of the SCE Parcel, the approximate 52,464 square
foot permanent easement and the approximate 1,972 square foot temporary construction
easement with a term of 18 months the City seeks to acquire for public use, namely grade
separation purposes. The City set just compensation in accordance with the appraised
fair market value, and extended a written offer on November 23, 2021 to Southern
California Edison Company, the owner of record. The fair market value appraisal used a
date of value of October 14, 2021.
The City’s written offer included an informational pamphlet describing the eminent domain
process and the record owner’s rights under the Eminent Domain Law. In accordance
with Government Code Section 7267.2, the City’s written offer contained a written
statement of, and summary of the basis for, the amount it established as just
compensation. The offer set forth the date of value utilized by the appraiser and explained
the appraiser’s opinion of the highest and best use of the larger parcel. It explained the
applicable zoning designation of the larger parcel. The City’s offer also summarized the
principal transactions relied on by the appraiser to arrive at the appraiser’s opinion of
value. In addition, the written offer explained the appraiser’s valuation analysis, including
severance damages. It included the City’s comparable market data relied on by the
appraiser. Further, the City offered, pursuant to Code of Civil Procedure Section
1263.025, to pay the record owner the reasonable costs, up to $5,000.00, for an
independent appraisal of the approximate 52,464 square foot permanent easement area
and the approximate 1,972 square foot temporary construction easement area.
Page 282
Page 12
1
0
9
0
The City made several attempts to follow up and negotiate with the owner regarding the
City’s offer. Based on the timing of the Project, it is necessary for the City Council to
consider the adoption of the proposed Resolution of Necessity authorizing the acquisition
by eminent domain of the Subject Property Interests needed from the SCE Parcel.
8685 to 8821 Etiwanda Avenue & 12928 to 12974 Whittram Avenue, (APNs 0229-
151-15 & 28, 0229-161-01, 02, 03, 04, 05, 19 & 20) (Colombero Parcel)
Pursuant to Government Code Section 7260 et seq., the City of Rancho Cucamonga
obtained a fair market value appraisal of the Colombero Parcel, the approximate 5,130
square foot permanent easement, the approximate 2,986 square foot maintenance and
construction easement, and the approximate 3,192 square foot and the approximate 677
square foot temporary construction easements, each with a term of 30 months, the City
seeks to acquire for public use, namely grade separation purposes. The City set just
compensation in accordance with the appraised fair market value, and extended a written
offer on November 23, 2021 to Colombero Family Limited Partnership, the owner of
record. The fair market value appraisal used a date of value of November 10, 2021.
The City’s written offer included an informational pamphlet describing the eminent domain
process and the record owner’s rights under the Eminent Domain Law. In accordance
with Government Code Section 7267.2, the City’s written offer contained a written
statement of, and summary of the basis for, the amount it established as just
compensation. The offer set forth the date of value utilized by the appraiser and explained
the appraiser’s opinion of the highest and best use of the larger parcel. It explained the
applicable zoning designation of the larger parcel. The City’s offer also summarized the
principal transactions relied on by the appraiser to arrive at the appraiser’s opinion of
value. In addition, the written offer explained the appraiser’s valuation analysis, including
severance damages. It included the City’s comparable market data relied on by the
appraiser. Further, the City offered, pursuant to Code of Civil Procedure Section
1263.025, to pay the record owner the reasonable costs, up to $5,000.00, for an
independent appraisal of the approximate 5,130 square foot permanent easement area,
the approximate 2,986 square foot maintenance and construction easement area, the
approximate 7,936 square foot temporary construction easement area, and the
approximate 677 square foot temporary construction easement area.
The City made several attempts to follow up and negotiate with the owner regarding the
City’s offer. Based on the timing of the Project, it is necessary for the City Council to
consider the adoption of the proposed Resolution of Necessity authorizing the acquisition
by eminent domain of the Subject Property Interests needed from the Colombero Parcel.
City’s Actions Pursuant to Code of Civil Procedure Section 1245.235
Pursuant to Code of Civil Procedure Section 1245.235, the City sent a letter and a notice by first-
class mail dated December 22, 2021 to the record owners of each of the Subject Property
Interests the City seeks to acquire, informing them of the City’s intent to consider at its January
19, 2022 meeting, the adoption of a resolution of necessity for the acquisition by eminent domain
of the Subject Property Interests for each respective parcel.
The notices advised the record owners of their right to appear and be heard regarding the City’s
proposed adoption of the respective Resolution of Necessity by filing, within fifteen days of the
date the notice was mailed, a written request with the City to appear at the hearing. The notices
Page 283
Page 13
1
0
9
0
specifically informed the record owners of the Subject Property Interests that they have an
opportunity to appear before the City Council and raise questions about whether the public
interest and necessity require the Project; whether the Project is planned or located in the manner
that will be most compatible with the greatest public good and the least private injury; and whether
the Subject Property Interest the City seeks to acquire from the owner of record is necessary for
the Project.
As discussed above, based on the proposed timing of the Project, it is necessary for the City
Council to consider the adoption of the proposed Resolutions of Necessity at this time.
This hearing relates to issues A, B, C, and D below.
REQUIRED FINDINGS FOR ADOPTION OF RESOLUTION OF NECESSITY
A. The Public Interest and Necessity Require the Project
The Project, as planned and designed, is in the public interest and necessity and
is needed to improve vehicle and rail safety, traffic mobility, and surface
transportation. The Project requires the acquisition of additional right of way for
the grade separation and related purposes. The Project will widen the portion of
Etiwanda Avenue from Napa Street to Whittram Avenue to a four-lane grade
separated roadway over the SCRRA/BNSF San Gabriel subdivision, which is
currently a two-lane at-grade crossing. The Project will construct an overhead
crossing, utilizing walls and embankments to support the raised approaching
roadway. It will span the railroad right-of-way and provide access to adjacent
properties. The Project includes the addition of a painted median/left turn lane with
bike lanes and sidewalks on each side and a northbound right turn lane onto
Whittram Avenue. When completed in 2024, the Project will reduce vehicle and
truck delays, as well as queuing. It will improve mobility, safety, and level of service
at the crossing, and it will provide for the safe transit of pedestrians, bicyclists,
vehicles, trucks, and trains. Furthermore, the Project will provide for improved
response times in the area for first responders such as police officers, firefighters,
paramedics, and emergency medical technicians. Accordingly, the Project will
benefit local residents and business and the community as whole. The Plans for
the Project are on file with the Engineering Services Department and are
incorporated herein by this reference.
The Project, as planned and designed, is consistent with the Circulation Element
of the General Plan, which designated Etiwanda Avenue as a four-lane major
arterial road. Anticipating the future growth of the SCRRA/BNSF corridor, the
City’s General Plan identified this area to be grade separated. The City seeks to
acquire the Subject Property Interests for public use, namely grade separation and
related purposes, and all uses necessary or convenient thereto in connection with
the Project. The City seeks to construct the Project to improve mobility, safety,
and level of service at the crossing.
The Project was planned and located to minimize the impact on the adjacent
properties. Because of its scope, the Project requires the acquisition of several
permanent easements and temporary construction easements over portions of 10
larger parcels, as well as fee interests in two parcels owned by private property
owners. The construction of the Project will require some business/residential
Page 284
Page 14
1
0
9
0
relocations. The City will coordinate the construction with the owners of the
Subject Property Interests to minimize the impact of the Project on the parcels and
to assist those persons and businesses displaced by the Project. Based on the
timing of the Project, it is necessary that the City consider the acquisition by
eminent domain of the required Subject Property Interests.
The public use for which the City seeks to acquire the Subject Property Interests,
namely grade separation and related purposes, and all uses necessary or
convenient thereto, will not unreasonably interfere with or impair the continuance
of the public use to which any easement holders may have appropriated the area
(Code of Civil Procedure Section 1240.510). Further, the Project may require the
relocation of several utilities to the new right-of-way area. The public use for which
the City seeks to acquire the Subject Property Interests, namely grade separation
and related purposes, and all uses necessary or convenient thereto, is a more
necessary public use within the meaning of Code of Civil Procedure Section
1240.650 than the uses to which public utility easement holders have appropriated
any utility easements located on or within the area of the Subject Property Interests
that are affected by the Project. Accordingly, the City is authorized to acquire the
Subject Property Interests pursuant to Code of Civil Procedure Sections 1240.510,
1240.610, and 1240.650.
B. The Project is Planned and Located in the Manner that will be Most
Compatible with the Greatest Public Good and the Least Private Injury
The Project is planned and located in the manner that is most compatible with the
greatest public good and the least private injury. The Project requires the
acquisition of additional right of way for grade separation and related purposes.
The Project will widen the portion of Etiwanda Avenue from Napa Street to
Whittram Avenue to a four-lane grade separated roadway over the SCRR/BNSF
San Gabriel subdivision, which is currently a two-lane at-grade crossing. The
Project will construct an overhead crossing, utilizing walls and embankments to
support the raised approaching roadway. It will span the railroad right-of-way and
provide access to adjacent properties. The Project includes the addition of a
painted median/left turn lane with bike lanes and sidewalks on each side and a
northbound right turn lane onto Whittram Avenue. When completed in 2024, the
Project will reduce vehicle and truck delays, as well as queuing. It will improve
mobility, safety, and level of service at the crossing, and it will provide for the safe
transit of pedestrians, bicyclists, vehicles, trucks, and trains. Furthermore, the
Project will provide for improved response times in the area for first responders
such as police officers, firefighters, paramedics, and emergency medical
technicians. Accordingly, the Project will benefit local residents and business and
the community as whole. The Plans for the Project are on file with the Engineering
Services Department and are incorporated herein by this reference.
The Project was planned and located to minimize the impact on the adjacent
properties. Because of its scope, the Project requires the acquisition of several
permanent easements and temporary construction easements over portions of 10
Page 285
Page 15
1
0
9
0
larger parcels, as well as fee interests in two parcels owned by private property
owners. The construction of the Project will require some business/residential
relocations. The City will coordinate the construction with the owners of the
Subject Property Interests to minimize the impact of the Project on the parcels and
to assist those persons and businesses displaced by the Project. Based on the
timing of the Project, it is necessary that the City consider the acquisition by
eminent domain of the required Subject Property Interests.
Further, the public use for which the City seeks to acquire the Subject Property
Interests, namely grade separation and related purposes, and all uses necessary
or convenient thereto, will not unreasonably interfere with or impair the
continuance of the public use to which any easement holders may have
appropriated the area (Code of Civil Procedure Section 1240.510). Further, the
Project may require the relocation of several utilities to the new right-of-way area.
The public use for which the City seeks to acquire the Subject Property Interests,
namely grade separation and related purposes, and all uses necessary or
convenient thereto, is a more necessary public use within the meaning of Code of
Civil Procedure Section 1240.650 than the uses to which public utility easement
holders have appropriated any utility easements located on or within the area of
the Subject Property Interests that are affected by the Project. Accordingly, the
City is authorized to acquire the Subject Property Interests pursuant to Code of
Civil Procedure Sections 1240.510, 1240.610, and 1240.650.
C. The Subject Property Interests Described in the Resolutions of Necessity
are Necessary for the Project
The City seeks to construct the Project, as planned and designed, to improve
mobility, safety, and level of service at the rail crossing. The Project will widen the
portion of Etiwanda Avenue from Napa Street to Whittram Avenue to a four-lane
grade separated roadway over the SCRR/BNSF San Gabriel subdivision, which is
currently a two-lane at-grade crossing. The Project will construct an overhead
crossing, utilizing walls and embankments to support the raised approaching
roadway. It will span the railroad right-of-way and provide access to adjacent
properties. The Project includes the addition of a painted median/left turn lane with
bike lanes and sidewalks on each side and a northbound right turn lane onto
Whittram Avenue. When completed in 2024, the Project will reduce vehicle and
truck delays, as well as queuing. It will improve mobility, safety, and level of service
at the crossing, and it will provide for the safe transit of pedestrians, bicyclists,
vehicles, trucks, and trains. Furthermore, the Project will provide for improved
response times in the area for first responders such as police officers, firefighters,
paramedics, and emergency medical technicians.
The City cannot construct the Project without the acquisition of the following
Subject Property Interests, which are described more particularly in the
Resolutions of Necessity:
8783 Etiwanda Avenue and 12949 Whittram Avenue, APN 0229-162-14
(Kular Truck Line Parcel)
Page 286
Page 16
1
0
9
0
A fee simple interest for grade separation purposes, and all uses necessary
or convenient thereto in the real property located at 8783 Etiwanda Avenue
and 12949 Whittram Avenue, Rancho Cucamonga, and identified as San
Bernardino County Tax Assessor’s Parcel Number 0229-162-14, which is
owned by Kular Truck Line, Inc.
8889 Etiwanda Avenue, APNs 0229-291-17 & 18 (Lightning PM Parcel)
An approximate 2,655 square foot temporary construction easement with
a term of 18 months for grade separation purposes, and all uses necessary
or convenient thereto from the real property located at 8889 Etiwanda
Avenue, Rancho Cucamonga, and identified as San Bernardino County
Tax Assessor’s Parcel Numbers 0229-291-17 and 0229-291-18, which is
owned by Lightning PM LLC.
8768 and 8822 Etiwanda Avenue, APNs 0229-131-15, 16 & 26 (SCG of DP
Etiwanda Parcel)
An approximate 8,073 square foot temporary construction easement with
a term of 18 months for grade separation purposes, and all uses necessary
or convenient thereto from the real property located at 8822 Etiwanda
Avenue, Rancho Cucamonga, and identified as San Bernardino County
Tax Assessor’s Parcel Numbers 0229-131-15, 0229-131-16, and 0229-
131-26, which is owned by SCG of DP Etiwanda LLC.
8821 Etiwanda Avenue, APN 0229-162-15 (Jones, Garness & Clemons
Parcel)
An approximate 5,011 square foot temporary construction easement with
a term of 18 months for grade separation purposes, and all uses necessary
or convenient thereto from the real property located at 8821 Etiwanda
Avenue, Rancho Cucamonga, and identified as San Bernardino County
Tax Assessor’s Parcel Number 0229-162-15, which is owned by the Jones
Family Trust, The Garness Family Trust, and the Clemons Revocable
Trust.
12521 Arrow Route & 8688 Etiwanda Avenue, APNs 0229-131-30 & 31
(Goodman Rancho SPE Parcel)
Two temporary construction easements, each with a term of 30 months, for
grade separation purposes, and all uses necessary or convenient thereto,
consisting of approximately 1,254 square feet and approximately 4,024
square feet over portions of the real property located at 12521 Arrow Route
and 8688 Etiwanda Avenue, Rancho Cucamonga, California, and further
identified as San Bernardino County Tax Assessor’s Parcel Numbers 0229-
131-30 and 0229-131-31, which is owned by Goodman Rancho SPE LLC.
8996 Etiwanda Avenue, APN 0229-283-79 (BTC III Parcel)
An approximate 401 square foot permanent easement, an approximate
14,801 square foot permanent easement, and an approximate 7,936
Page 287
Page 17
1
0
9
0
square foot temporary construction easement with a term of 30 months for
grade separation purposes, and all uses necessary or convenient thereto
from the real property located at 8996 Etiwanda Avenue, Rancho
Cucamonga, and identified as San Bernardino County Tax Assessor’s
Parcel Number 0229-283-79, which is owned by BTC III Rancho
Cucamonga Logistics Center, LP.
8939 Etiwanda Avenue, APN 0229-291-55 (BCORE IE Parcel)
An approximate 1,201 square foot permanent easement and an
approximate 1,295 square foot temporary construction easement with a
term of 30 months for grade separation purposes, and all uses necessary
or convenient thereto from the real property located at 8939 Etiwanda
Avenue, Rancho Cucamonga, and identified as San Bernardino County
Tax Assessor’s Parcel Number 0229-291-55, which is owned by BCORE
IE West Owner, LLC.
8949 Etiwanda Avenue, APN 0229-291-22 (SCE Parcel)
An approximate 52,464 square foot permanent easement and an
approximate 1,972 square foot temporary construction easement with a
term of 18 months for grade separation purposes, and all uses necessary
or convenient thereto from the real property located at 8949 Etiwanda
Avenue, Rancho Cucamonga, and identified as San Bernardino County
Tax Assessor’s Parcel Number 0229-291-22, which is owned by Southern
California Edison Company.
8685 to 8821 Etiwanda Avenue & 12928 to 12974 Whittram Avenue, APNs
0229-151-15 & 28, 0229-161-01, 02, 03, 04, 05, 19 & 20 (Colombero Parcel)
An approximate 5,130 square foot permanent easement, an approximate
2,986 square foot maintenance and construction easement, and an
approximate 3,192 square foot temporary construction easement and an
approximate 677 square foot temporary construction easement, each with
a term of 30 months, for grade separation purposes, and all uses necessary
or convenient thereto from the real property located at 8685 to 8821
Etiwanda Avenue & 12928 to 12974 Whittram Avenue, Rancho
Cucamonga, and identified as San Bernardino County Tax Assessor’s
Parcel Numbers 0229-151-15 & 28, 0229-161-01, 02, 03, 04, 05, 19 & 20,
which is owned by Colombero Family Limited Partnership.
As stated above, the public use for which the City seeks to acquire the Subject
Property Interests, namely grade separation and related purposes, and all uses
necessary or convenient thereto, will not unreasonably interfere with or impair the
continuance of the public use to which any easement holders may have
appropriated the area (Code of Civil Procedure Section 1240.510). Further, the
Project may require the relocation of several utilities to the new right-of-way area.
The public use for which the City seeks to acquire the Subject Property Interests,
namely grade separation and related purposes, and all uses necessary or
convenient thereto, is a more necessary public use within the meaning of Code of
Civil Procedure Section 1240.650 than the uses to which public utility easement
Page 288
Page 18
1
0
9
0
holders have appropriated any utility easements located on or within the area of
the Subject Property Interests that are affected by the Project. Accordingly, the
City is authorized to acquire the Subject Property Interest pursuant to Code of Civil
Procedure Sections 1240.510, 1240.610, and 1240.650.
D. The City has made an offer as required by Government Code Section
7267.2 to each owner of record of the Subject Property Interests
The City, pursuant to Government Code Section 7260 et seq., obtained a fair
market value appraisal of the Subject Property Interests, set just compensation in
accordance with the fair market values and extended written offers to the owners
of record of the Subject Property Interests. As detailed above, the City extended
to the owners of record of the Subject Property Interests a written offer pursuant
to Government Code Section 7267.2 to acquire the Subject Property Interests for
public use, namely grade separation and related purposes, and all uses necessary
or convenient thereto. Specifically, the City extended written offers to the following
record owners of the Subject Property Interests:
The City extended a written offer to Kular Truck Lines, Inc. to purchase the
fee simple interest for grade separation purposes, and all uses necessary
or convenient thereto in the real property located at 8783 Etiwanda Avenue
and 12949 Whittram Avenue, Rancho Cucamonga, and further identified
as San Bernardino County Tax Assessor’s Parcel Number 0229-162-14.
The City extended a written offer to Lightning PM LLC to purchase an
approximate 2,655 square foot temporary construction easement with a
term of 18 months for grade separation purposes, and all uses necessary
or convenient thereto from the real property located at 8889 Etiwanda
Avenue, Rancho Cucamonga, and further identified as San Bernardino
County Tax Assessor’s Parcel Numbers 0229-291-17 and 0229-291-18.
The City extended a written offer to SCG of DP Etiwanda LLC to purchase
an approximate 8,073 square foot temporary construction easement with a
term of 18 months for grade separation purposes, and all uses necessary
or convenient thereto from the real property located at 8768 and 8822
Etiwanda Avenue, Rancho Cucamonga, and further identified as San
Bernardino County Tax Assessor’s Parcel Numbers 0229-131-15, 0229-
131-16, and 0229-131-26. The property owner submitted a letter objecting
to the City’s adoption of a Resolution of Necessity on January 4, 2022, a
copy of which is attached to this report (Attachment 10).
The City extended a written offer to the Jones Family Trust, The Garness
Family Trust, and the Clemons Revocable Trust to purchase an
approximate 5,011 square foot temporary construction easement with a
term of 18 months for grade separation purposes, and all uses necessary
or convenient thereto from the real property located at 8821 Etiwanda
Avenue, Rancho Cucamonga, and further identified as San Bernardino
County Tax Assessor’s Parcel Number 0229-162-15. The property owners
has accepted the City’s offer and a purchase and sale agreement is being
circulated between the City and property owners. However, as of the writing
of this report, the purchase and sale agreement has not been executed.
Page 289
Page 19
1
0
9
0
The City extended a written offer to Goodman Rancho SPE LLC to
purchase two temporary construction easements, each with a term of 30
months, for grade separation purposes, and all uses necessary or
convenient thereto, consisting of approximately 1,254 square feet and
approximately 4,024 square feet over portions of the real property located
at 12521 Arrow Route and 8688 Etiwanda Avenue, Rancho Cucamonga,
California, and further identified as San Bernardino County Tax Assessor’s
Parcel Numbers 0229-131-30 and 0229-131-31.
The City extended a written offer to BTC III Rancho Cucamonga Logistics
Center, LP to purchase an approximate 401 square foot permanent
easement, an approximate 14,801 square foot permanent easement, and
an approximate 7,936 square foot temporary construction easement with a
term of 30 months for grade separation purposes, and all uses necessary
or convenient thereto from the real property located at 8996 Etiwanda
Avenue, Rancho Cucamonga, and further identified as San Bernardino
County Tax Assessor’s Parcel Number 0229-283-79. The property owner
submitted a letter objecting to the City’s adoption of a Resolution of
Necessity on January 3, 2022, a copy of which is attached to this report
(Attachment 11).
The City extended a written offer to BCORE IE West Owner, LLC to
purchase an approximate 1,201 square foot permanent easement and an
approximate 1,295 square foot temporary construction easement with a
term of 30 months for grade separation purposes, and all uses necessary
or convenient thereto from the real property located at 8939 Etiwanda
Avenue, Rancho Cucamonga, and further identified as San Bernardino
County Tax Assessor’s Parcel Number 0229-291-55. The property owner
submitted a letter objecting to the City’s adoption of a Resolution of
Necessity on January 12, 2022, a copy of which is attached to this report
(Attachment 12).
The City extended a written offer to Southern California Edison Company
to purchase an approximate 52,464 square foot permanent easement and
an approximate 1,972 square foot temporary construction easement with a
term of 18 months for grade separation purposes, and all uses necessary
or convenient thereto from the real property located at 8949 Etiwanda
Avenue, Rancho Cucamonga, and identified as San Bernardino County
Tax Assessor’s Parcel Number 0229-291-22. The property owner
submitted a letter objecting to the City’s adoption of a Resolution of
Necessity on December 29, 2021, a copy of which is attached to this report
(Attachment 13).
The City extended a written offer to Colombero Family Limited Partnership
to purchase an approximate 5,130 square foot permanent easement, an
approximate 2,986 square foot maintenance and construction easement,
and an approximate 3,192 square foot temporary construction easement
and an approximate 677 square foot temporary construction easement,
each with a term of 30 months, for grade separation purposes, and all uses
necessary or convenient thereto from the real property located at 8685 to
8821 Etiwanda Avenue & 12928 to 12974 Whittram Avenue, Rancho
Page 290
Page 20
1
0
9
0
Cucamonga, and identified as San Bernardino County Tax Assessor’s
Parcel Numbers 0229-151-15 & 28, 0229-161-01, 02, 03, 04, 05, 19 & 20.
The property owners has accepted the City’s offer and a purchase and sale
agreement is being circulated between the City and property owners.
However, as of the writing of this report, the purchase and sale agreement
has not been executed.
Incorporation of Above-Referenced Documents:
The following documents on file with the City Clerk’s Office and/or the Engineering Services
Department, which are referenced in this report, are incorporated herein by this reference:
Resolutions of Necessity (attached hereto)
City of Rancho Cucamonga General Plan
Offer letters to the record owners of the Subject Property Interests
Notice pursuant to Code of Civil Procedure Section 1245.235 to each record owner
of the Subject Property Interests
Grade Separation Plans for Project
Environmental Documents relating to Project
Notice of Exemption
FISCAL IMPACT:
The Etiwanda Grade Separation Project is funded by an SB-1 Trade Corridor Enhancement
Program (TCEP) grant funds which require construction to begin between July and December
2022. The acquisition of right-of-way for the project is a critical step in meeting the funding
deadlines. Anticipated funds needed for acquisition of right-of-way for the project including legal
fees will be funded through the TCEP grant funding allocation for the project.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
The proposed Etiwanda Grade Separation Project will enhance the City’s position as the world
class community in our region by improving safety, traffic flow, and access to the southeast
industrial area of the City.
ATTACHMENTS:
Attachment 1 - Resolution No. 2022-008 (Kular Truck Line Parcel)
Attachment 2 - Resolution No. 2022-009 (Lightning PM Parcel)
Attachment 3 - Resolution No. 2022-010 (SCG of DP Etiwanda Parcel)
Attachment 4 - Resolution No. 2022-011 (Jones, Garness & Clemons Parcel)
Attachment 5 - Resolution No. 2022-012 (Goodman Rancho SPE Parcel)
Attachment 6 - Resolution No. 2022-013 (BTC III Parcel)
Attachment 7 - Resolution No. 2022-014 (BCORE IE Parcel)
Attachment 8 - Resolution No. 2022-015 (SCE Parcel)
Attachment 9 - Resolution No. 2022-016 (Colombero Parcel)
Attachment 10 - SCG of DP Etiwanda LLC Objection Letter
Attachment 11 - BTC III Rancho Cucamonga Logistics Center, LP Objection Letter
Attachment 12 – BCORE IE West Owner LLC Objection Letter
Attachment 13 - Southern California Edison Company Objection Letter
Page 291
Resolution No. 2022-008 - Page 1 of 7
RESOLUTION NO. 2022-008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY
INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE
ACQUISITION THEREOF IN CONNECTION WITH THE ETIWANDA GRADE
SEPARATION PROJECT (FEE SIMPLE INTEREST IN APN 0229-162-14)
WHEREAS, the City of Rancho Cucamonga (“City”) is a municipal corporation in the
County of San Bernardino, State of California; and
WHEREAS, the City seeks to construct the Etiwanda Grade Separation Project (“Project”).
The Project requires the acquisition of additional right of way for grade separation. The
Project involves the widening and construction of Etiwanda Avenue as a four-lane grade
separated roadway over the Southern California Regional Rail Authority (“SCRRA”)/Burlington
Northern and Santa Fe Railroad (“BNSF”) San Gabriel subdivision, currently a two-lane at-grade
crossing. The Project will construct an overhead crossing, utilizing walls and embankments to
support the raised approaching roadway. It will span the railroad right-of-way and provide access
to adjacent properties. The Project will widen Etiwanda Avenue to four traffic lanes including a
painted median/left turn lane with bike lanes and sidewalks on each side and a northbound right
turn lane onto Whittram Avenue. When completed in 2024, the Project will reduce vehicle and
truck delays, as well as queuing. It will improve mobility, safety, and level of service at the
crossing, and it will provide for the safe transit of pedestrians, bicyclists, vehicles, trucks, and
trains. Furthermore, the Project will provide for improved response times in the area for first
responders such as police officers, firefighters, paramedics, and emergency medical technicians.
All work is consistent with the City’s General Plan of Circulation. The Plans for the Project are on
file with the Engineering Services Department and are incorporated herein by this reference; and
WHEREAS, the environmental effects of the Project were studied and analyzed pursuant
to the California Environmental Quality Act (“CEQA”), Public Resources Code Section 21000 et
seq., and the CEQA Guidelines, 14 Cal. Code Regs. Section 15000 et seq. (“CEQA Guidelines”).
City Staff determined that the Project was statutorily exempt pursuant to CEQA Article 18.
Statutory Exemptions, Section 15282. Other Statutory Exemptions, paragraph (g) as a railroad
grade separation project which eliminates and existing grade crossing or reconstructs an existing
grade separation. The City Council approved the Notice of Exemption and authorized Staff to file
the Notice of Exemption with the Office of Planning and Research and the County clerk as
specified in Section 21080.13(2) of the Public Resources Code. Said Notice of Exemption was
filed with the Office of Planning and Research and with the County of San Bernardino on or about
June 11, 2018 in accordance with the statutory requirements; and
WHEREAS, in connection with the proposed Resolution of Necessity, on January 19,
2022, City Staff reviewed the environmental documentation prepared in connection with the
Project. Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of
the Public Resources Code, City Staff concluded that no substantial changes have occurred in
the Project, no substantial changes have occurred in the circumstances under which the Project
is undertaken, and that the City has obtained no new information of substantial importance that
would require further environmental analysis. These environmental findings are the appropriate
findings with respect to the proposed acquisition of the Subject Property Interests.
ATTACHMENT 1Page292
Resolution No. 2022-008 - Page 2 of 7
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho
Cucamonga as follows:
SECTION 1. The Rancho Cucamonga City Council adopts Resolution No. 2022-008, A
Resolution of the City Council of the City of Rancho Cucamonga, California, Declaring Certain
Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof
in Connection with the Etiwanda Grade Separation Project (A Fee Simple Interest in APN 0229-
162-14).
SECTION 2. The City seeks to acquire by eminent domain the real property interest
described below in Section 3 of this Resolution for public use, namely grade separation and
related purposes, and all uses necessary or convenient thereto in connection with the Etiwanda
Grade Separation Project pursuant to the authority conferred on the City of Rancho Cucamonga
to acquire real property by eminent domain by Section 19 of Article 1 of the California Constitution,
Government Code Sections 37350, 37350.5, 37351, 40401, and 40404, California Code of Civil
Procedure Section 1230.010 et seq. (Eminent Domain Law), including but not limited to Sections
1240.010, 1240.020, 1240.110, 1240.120, 1240.150, 1240.510, 1240.610, 1240.650, and by
other provisions of law.
SECTION 3. The City seeks to acquire a fee simple interest (Subject Property Interest)
in the real property located at 8783 Etiwanda Avenue and 12949 Whittram Avenue, Rancho
Cucamonga, and identified as San Bernardino County Tax Assessor’s Parcel Number 0229-162-
14 (“Kular Parcel”) in connection with the Project. The Subject Property Interest is described more
particularly in Exhibit “A” and depicted on Exhibit “B”, which are attached hereto and incorporated
herein by this reference.
SECTION 4. The environmental effects of the acquisition of the Subject Property Interest
were studied as an integral part of the environmental review for the Project. In connection with
the proposed Resolution of Necessity, on January 19, 2022, City Staff reviewed the environmental
documentation prepared in connection with the Project. Pursuant to the criteria of Section 15162
of the CEQA Guidelines and Section 21166 of the Public Resources Code, City staff concluded
that no substantial changes have occurred in the Project, no substantial changes have occurred
in the circumstances under which the Project is undertaken, and that the City has obtained no
new information of substantial importance that would require further environmental analysis.
These environmental findings are the appropriate findings with respect to the proposed acquisition
of the Subject Property Interest.
SECTION 5. The Project, as planned and designed, is in the public interest and necessity
and is needed to improve vehicle and rail safety, traffic mobility, and surface transportation, as
more fully explained below:
A. The Project requires the acquisition of additional right of way for grade
separation. The Project involves the widening and construction of Etiwanda Avenue as a four-
lane grade separated roadway over the SCRRA/BNSF San Gabriel subdivision, currently a two-
lane at-grade crossing. The Project will construct an overhead crossing, utilizing walls and
embankments to support the raised approaching roadway. It will span the railroad right-of-way
and provide access to adjacent properties. The Project will widen Etiwanda Avenue to four traffic
lanes including a painted median/left turn lane with bike lanes and sidewalks on each side and a
northbound right turn lane onto Whittram Avenue. When completed in 2024, the Project will
reduce vehicle and truck delays, as well as queuing. It will improve mobility, safety, and level of
service at the crossing, and it will provide for the safe transit of pedestrians, bicyclists, vehicles,
Page 293
Resolution No. 2022-008 - Page 3 of 7
trucks, and trains. Furthermore, the Project will provide for improved response times in the area
for first responders such as police officers, firefighters, paramedics, and emergency medical
technicians. All work is consistent with the City’s General Plan of Circulation.
B. The Project will reduce vehicle and truck delays, improve safety and level
of service at the crossing, and it will provide for the safe transit of pedestrians, bicyclists, vehicles,
trucks, and trains. Additionally, the Project will provide for improved response times in the area
for first responders such as police officers, firefighters, paramedics, and emergency medical
technicians. Accordingly, the Project will benefit the residents and businesses of the City and the
community as a whole.
C. The Project, as planned and designed, is consistent with the Circulation
Element of the General Plan, which designated Etiwanda Avenue as a four-lane major arterial
road. Anticipating the future growth of the SCRRA/BNSF corridor, the City’s General Plan
identified this area to be grade separated. The City seeks to acquire the Subject Property Interest
for public use, namely grade separation and related purposes, and all uses necessary or
convenient thereto in connection with the Project. The City seeks to construct the Project to
improve mobility, safety, and level of service at the crossing.
D. The Project was planned and located to minimize the impact on the
adjacent properties. Because of its scope, the Project requires the acquisition of several
permanent easements and temporary construction easements over portions of 10 larger parcels,
as well as fee interests in two parcels owned by private property owners. The construction of the
Project will require some business/residential relocations. The City will coordinate the
construction with the owner of the Subject Property Interest to minimize the impact of the Project
on the parcel and to assist those persons and businesses displaced by the Project. Based on the
timing of the Project, it is necessary that the City consider the acquisition by eminent domain of
the required Subject Property Interest.
SECTION 6.
A. Pursuant to Government Code Section 7260 et seq., the City of Rancho
Cucamonga obtained a fair market value appraisal of the Kular Parcel, the fee simple interest the
City seeks to acquire for public use, namely grade separation and related purposes, and all uses
necessary or convenient thereto.
B. The City set just compensation in accordance with the appraised fair
market value, and extended a written offer on September 22, 2021 to Kular Truck Line, Inc., the
owner of record. The fair market value appraisal used a date of value of July 16, 2021.
C. The City’s written offer included an informational pamphlet describing the
eminent domain process and the record owner’s rights under the Eminent Domain Law. In
accordance with Government Code Section 7267.2, the City’s written offer contained a written
statement of, and summary of the basis for, the amount it established as just compensation. The
offer set forth the date of value utilized by the appraiser and explained the appraiser’s opinion of
the highest and best use of the property. It explained the applicable zoning designation of the
parcel. The City’s offer also summarized the principal transactions relied on by the appraiser to
arrive at the appraiser’s opinion of value. In addition, the written offer explained the appraiser’s
valuation analysis. It included the City’s comparable market data relied on by the appraiser.
Further, the City offered, pursuant to Code of Civil Procedure Section 1263.025, to pay the record
owner the reasonable costs, up to $5,000.00, for an independent appraisal of the parcel.
Page 294
Resolution No. 2022-008 - Page 4 of 7
SECTION 7. The City provided written notice to the owner of record, pursuant to Code
of Civil Procedure section 1245.235 of the City Council’s intent to consider the adoption of a
Resolution of Necessity for the acquisition of the Subject Property Interest by eminent domain.
SECTION 8. The public use for which the City seeks to acquire the Subject Property
Interest, namely grade separation and related purposes, and all uses necessary or convenient
thereto, will not unreasonably interfere with or impair the continuance of the public use to which
any easement holders may have appropriated the area (Code of Civil Procedure Section
1240.510). Further, the Project may require the relocation of several utilities to the new right-of-
way area. The public use for which the City seeks to acquire the Subject Property Interest, namely
grade separation and related purposes, and all uses necessary or convenient thereto, is a more
necessary public use within the meaning of Code of Civil Procedure Section 1240.650 than the
uses to which public utility easement holders have appropriated any utility easements located on
or within the area of the Subject Property Interest that are affected by the Project. Accordingly,
the City is authorized to acquire the Subject Property Interest pursuant to Code of Civil Procedure
Sections 1240.510, 1240.610, and 1240.650.
SECTION 9. Based on the evidence presented at the hearing regarding the Project,
including the Agenda Report and documents referenced therein and any oral and written
testimony at the hearing, the City Council hereby finds and determines that:
A. The public interest and necessity require the Project;
B. The Project is planned and located in the manner that will be most
compatible with the greatest public good and the least private injury;
C. The Subject Property Interest described more particularly in Exhibit “A” and
depicted on Exhibit “B” hereto, is necessary for the Project; and
D. The City has made the offer required by Government Code Section 7267.2
to the record owner of the Subject Property Interest the City seeks to acquire.
SECTION 10. The findings and declarations contained in this Resolution are based upon
the record before the City Council, including the Agenda Report and all documents referenced
therein, all of which are incorporated herein by this reference, and any testimony and/or
comments submitted to the City by the record owner and or the owner’s representative(s). These
documents include, but are not limited to the City of Rancho Cucamonga’s General Plan, the offer
letter sent to the owner pursuant to Government Code Section 7267.2, the notice to the record
owner pursuant to Code of Civil Procedure Section 1245.235 of the City’s intent to consider the
adoption of the Resolution of Necessity, Grade Separation Plans for the Project, and the Notice
of Exemption for the Project.
SECTION 11. The City Council of the City of Rancho Cucamonga hereby authorizes and
directs the City Attorney’s Office to take all steps necessary to commence and prosecute legal
proceedings in a court of competent jurisdiction to acquire the fee simple interest in the Kular
Parcel for the Project. The Subject Property Interest is described more particularly on Exhibit “A”
and depicted on Exhibit “B” hereto.
SECTION 12. The City Council of the City of Rancho Cucamonga hereby authorizes the
City Manager to execute all necessary documents in connection with the eminent domain
proceeding.
Page 295
Resolution No. 2022-008 - Page 5 of 7
SECTION 13. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 19th day of January, 2022.
________________________
L. Dennis Michael, Mayor
City of Rancho Cucamonga
ATTEST:
Janice C. Reynolds, City Clerk
City of Rancho Cucamonga
APPROVED AS TO FORM:
Nicholas R. Ghirelli, City Attorney
Richards, Watson & Gershon
CERTIFICATION:
I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, California, do hereby certify
that the foregoing Resolution 2022-008, was duly adopted by the City Council of the City of
Rancho Cucamonga, California, at a regular meeting thereof held on the 19th day of January,
2022, by the following vote, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________
Janice C. Reynolds, City Clerk
City of Rancho Cucamonga, California
Page 296
Order No: 09207891-920-CMM-CM8
EXHIBIT "A"
All that certain real property situated in the County of San Bernardino, State of California, described as follows:
PORTIONS OF LOTS 437 AND 438 OF THE FONTANA ARROW ROUTE TRACT NO. 2102, IN THE CITY OF
RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED
IN BOOK 31, PAGE(S) 11 TO 15 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, LYING WESTERLY OF A LINE HEREAFTER REFERRED TO AS LINE "A" BEARING SOUTH 5
DEGREES 49 MINUTES 55 SECONDS WEST FROM A POINT ON THE CENTER LINE OF WHITTRAM AVENUE
AND 132.00 FEET WESTERLY ON THE NORTHEAST CORNER OF SAID LOT 438 TO A POINT ON THE SOUTH
LINE OF LOT 438 AND 184.03 FEET WESTERLY OF THE SOUTHEAST CORNER OF SAID LOT 438, SAID
PORTIONS OF LOTS 437 AND 438, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT BEING AT THE CENTER LINE INTERSECTIONS OF ETIWANDA AVENUE AND
WHITTRAM AVENUE;
THENCE SOUTH 00 DEGREES 22 MINUTES 00 SECONDS WEST ALONG THE CENTER LINE OF ETIWANDA
AVENUE 242.61 FEET;
THENCE SOUTH 89 DEGREES 21 MINUTES 54 SECONDS EAST 524.63 FEET TO A POINT ON LINE "A";
THENCE NORTH 5 DEGREES 49 MINUTES 55 SECONDS EAST ALONG LINE "A" 255.49 FEET TO A POINT ON
THE CENTER LINE OF WHITTRAM AVENUE;
THENCE SOUTH 89 DEGREES 24 MINUTES 00 SECONDS WEST ALONG SAID CENTER LINE 549.04 FEET TO
THE POINT OF BEGINNING.
SAID LAND IS ALSO DESCRIBED AS PARCEL "A" ON CERTIFICATE OF COMPLIANCE FOR LOT LINE
ADJUSTMENT NO. 269, RECORDED FEBRUARY 18, 1988 AS INSTRUMENT NO. 88-048704 OF OFFICIAL
RECORDS.
Assessor's Parcel Number: 0229-162-14
Exhibit A
Order No: 09207891-920-CMM-CM8 EXHIBIT “A”
All that certain real property situated in the County of San Bernardino, State of California, described as follows:
PORTIONS OF LOTS 437 AND 438 OF THE FONTANA ARROW ROUTE TRACT NO. 2102, IN THE CITY OF
RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED
IN BOOK 31, PAGE(S) 11 TO 15 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, LYING WESTERLY OF A LINE HEREAFTER REFERRED TO AS LINE "A" BEARING SOUTH 5
DEGREES 49 MINUTES 55 SECONDS WEST FROM A POINT ON THE CENTER LINE OF WHITTRAM AVENUE
AND 132.00 FEET WESTERLY ON THE NORTHEAST CORNER OF SAID LOT 438 TO A POINT ON THE SOUTH
LINE OF LOT 438 AND 184.03 FEET WESTERLY OF THE SOUTHEAST CORNER OF SAID LOT 438, SAID
PORTIONS OF LOTS 437 AND 438, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT BEING AT THE CENTER LINE INTERSECTIONS OF ETIWANDA AVENUE AND
WHITTRAM AVENUE;
THENCE SOUTH 00 DEGREES 22 MINUTES 00 SECONDS WEST ALONG THE CENTER LINE OF ETIWANDA
AVENUE 242.61 FEET;
THENCE SOUTH 89 DEGREES 21 MINUTES 54 SECONDS EAST 524.63 FEET TO A POINT ON LINE "A";
THENCE NORTH 5 DEGREES 49 MINUTES 55 SECONDS EAST ALONG LINE "A" 255.49 FEET TO A POINT ON
THE CENTER LINE OF WHITTRAM AVENUE;
THENCE SOUTH 89 DEGREES 24 MINUTES 00 SECONDS WEST ALONG SAID CENTER LINE 549.04 FEET TO
THE POINT OF BEGINNING.
SAID LAND IS ALSO DESCRIBED AS PARCEL "A" ON CERTIFICATE OF COMPLIANCE FOR LOT LINE
ADJUSTMENT NO. 269, RECORDED FEBRUARY 18, 1988 AS INSTRUMENT NO. 88-048704 OF OFFICIAL
RECORDS.
Assessor’s Parcel Number:0229-162-14
Resolution No. 2022-008 - Page 6 of 7
Page 297
THIS MAP IS fOR THE PURPOSE
OF ha VALOREM TAXATION ONLY.
February 2004
Ptn. Fontana Arrow Route Tract No. 2102
15%, M.B. 31/11
- - 1701 IC5
ei
100
a
(106.4%)
WH I UR Ali- -
• ->
435
•
10 10 61
City of Rancho Cucamonga
Tax Rate Area
15026 15028
he
•
8 iM
434
tl
43 I
1 0 AP
2 9 Lc
I.R.A. 110.04
438
01)
.0
50
433
11
15071
15076
439
3.4 AL
3.15
AVENUE -
0229— 1 6
30 I
LiJ
440
IJ
RAP 1114-51-71
/716. 74R. %O. 21,
16
PLAT MAP
Ptn. Sec. 9
T.1S., R.6W.
17
YAP 104 -35 -II
(.24 PIN, PAO MO.
1" • 100 '
C
60 o
o. o o o
to ry)
"
Cp
03
CD
0) 0 C
DS 0 0
.Cr 03 CA
0101510
07770/09 69
PLAT MAP EXHIBIT “B”Resolution No. 2022-008 - Page 7 of 7 Page 298
Resolution No. 2022-009 - Page 1 of 10
RESOLUTION NO. 2022-009
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY
INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE
ACQUISITION THEREOF IN CONNECTION WITH THE ETIWANDA GRADE
SEPARATION PROJECT (TEMPORARY CONSTRUCTION EASEMENT OVER
A PORTION OF APNS 0229-291-17 & 18)
WHEREAS, the City of Rancho Cucamonga (“City”) is a municipal corporation in the
County of San Bernardino, State of California; and
WHEREAS, the City seeks to construct the Etiwanda Grade Separation Project (“Project”).
The Project requires the acquisition of additional right of way for grade separation. The
Project involves the widening and construction of Etiwanda Avenue as a four-lane grade
separated roadway over the Southern California Regional Rail Authority (“SCRRA”)/Burlington
Northern and Santa Fe Railroad (“BNSF”) San Gabriel subdivision, currently a two-lane at-grade
crossing. The Project will construct an overhead crossing, utilizing walls and embankments to
support the raised approaching roadway. It will span the railroad right-of-way and provide access
to adjacent properties. The Project will widen Etiwanda Avenue to four traffic lanes including a
painted median/left turn lane with bike lanes and sidewalks on each side and a northbound right
turn lane onto Whittram Avenue. When completed in 2024, the Project will reduce vehicle and
truck delays, as well as queuing. It will improve mobility, safety, and level of service at the
crossing, and it will provide for the safe transit of pedestrians, bicyclists, vehicles, trucks, and
trains. Furthermore, the Project will provide for improved response times in the area for first
responders such as police officers, firefighters, paramedics, and emergency medical technicians.
All work is consistent with the City’s General Plan of Circulation. The Plans for the Project are on
file with the Engineering Services Department and are incorporated herein by this reference; and
WHEREAS, the environmental effects of the Project were studied and analyzed pursuant
to the California Environmental Quality Act (“CEQA”), Public Resources Code Section 21000 et
seq., and the CEQA Guidelines, 14 Cal. Code Regs. Section 15000 et seq. (“CEQA Guidelines”).
City Staff determined that the Project was statutorily exempt pursuant to CEQA Article 18.
Statutory Exemptions, Section 15282. Other Statutory Exemptions, paragraph (g) as a railroad
grade separation project which eliminates and existing grade crossing or reconstructs an existing
grade separation. The City Council approved the Notice of Exemption and authorized Staff to file
the Notice of Exemption with the Office of Planning and Research and the County clerk as
specified in Section 21080.13(2) of the Public Resources Code. Said Notice of Exemption was
filed with the Office of Planning and Research and with the County of San Bernardino on or about
June 11, 2018 in accordance with the statutory requirements; and
WHEREAS, in connection with the proposed Resolution of Necessity, on January 19,
2022, City Staff reviewed the environmental documentation prepared in connection with the
Project. Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of
the Public Resources Code, City Staff concluded that no substantial changes have occurred in
the Project, no substantial changes have occurred in the circumstances under which the Project
is undertaken, and that the City has obtained no new information of substantial importance that
would require further environmental analysis. These environmental findings are the appropriate
findings with respect to the proposed acquisition of the Subject Property Interests.
ATTACHMENT 2Page299
Resolution No. 2022-009 - Page 2 of 10
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho
Cucamonga as follows:
SECTION 1. The Rancho Cucamonga City Council adopts Resolution 2022-009, A
Resolution of the City Council of the City of Rancho Cucamonga, California, Declaring Certain
Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof
in Connection with the Etiwanda Grade Separation Project (A temporary construction easement
on a portion of APNs 0229-291-17 & 18).
SECTION 2. The City seeks to acquire by eminent domain the real property interest
described below in Section 3 of this Resolution for public use, namely grade separation and
related purposes, and all uses necessary or convenient thereto in connection with the Etiwanda
Grade Separation Project pursuant to the authority conferred on the City of Rancho Cucamonga
to acquire real property by eminent domain by Section 19 of Article 1 of the California Constitution,
Government Code Sections 37350, 37350.5, 37351, 40401, and 40404, California Code of Civil
Procedure Section 1230.010 et seq. (Eminent Domain Law), including but not limited to Sections
1240.010, 1240.020, 1240.110, 1240.120, 1240.150, 1240.510, 1240.610, 1240.650, and by
other provisions of law.
SECTION 3. The City seeks to acquire an approximate 2,655 square foot temporary
construction easement with a term of 18 months (“Subject Property Interest”) over a portion of the
real property located at 8889 Etiwanda Avenue, Rancho Cucamonga, and identified as San
Bernardino County Tax Assessor’s Parcel Numbers 0229-291-17 and 0229-291-18 (“Lightning
PM Parcel”) in connection with the Project. The Subject Property Interest is described more
particularly in Exhibit “A” and depicted on Exhibit “B”, which are attached hereto and incorporated
herein by this reference.
SECTION 4. The environmental effects of the acquisition of the Subject Property Interest
were studied as an integral part of the environmental review for the Project. In connection with
the proposed Resolution of Necessity, on January 19, 2022, City Staff reviewed the environmental
documentation prepared in connection with the Project. Pursuant to the criteria of Section 15162
of the CEQA Guidelines and Section 21166 of the Public Resources Code, City staff concluded
that no substantial changes have occurred in the Project, no substantial changes have occurred
in the circumstances under which the Project is undertaken, and that the City has obtained no
new information of substantial importance that would require further environmental analysis.
These environmental findings are the appropriate findings with respect to the proposed acquisition
of the Subject Property Interest.
SECTION 5. The Project, as planned and designed, is in the public interest and necessity
and is needed to improve vehicle and rail safety, traffic mobility, and surface transportation, as
more fully explained below:
A. The Project requires the acquisition of additional right of way for grade
separation. The Project involves the widening and construction of Etiwanda Avenue as a four-
lane grade separated roadway over the SCRRA/BNSF San Gabriel subdivision, currently a two-
lane at-grade crossing. The Project will construct an overhead crossing, utilizing walls and
embankments to support the raised approaching roadway. It will span the railroad right-of-way
and provide access to adjacent properties. The Project will widen Etiwanda Avenue to four traffic
lanes including a painted median/left turn lane with bike lanes and sidewalks on each side and a
northbound right turn lane onto Whittram Avenue. When completed in 2024, the Project will
reduce vehicle and truck delays, as well as queuing. It will improve mobility, safety, and level of
Page 300
Resolution No. 2022-009 - Page 3 of 10
service at the crossing, and it will provide for the safe transit of pedestrians, bicyclists, vehicles,
trucks, and trains. Furthermore, the Project will provide for improved response times in the area
for first responders such as police officers, firefighters, paramedics, and emergency medical
technicians. All work is consistent with the City’s General Plan of Circulation.
B. The Project will reduce vehicle and truck delays, improve safety and level
of service at the crossing, and it will provide for the safe transit of pedestrians, bicyclists, vehicles,
trucks, and trains. Additionally, the Project will provide for improved response times in the area
for first responders such as police officers, firefighters, paramedics, and emergency medical
technicians. Accordingly, the Project will benefit the residents and businesses of the City and the
community as a whole.
C. The Project, as planned and designed, is consistent with the Circulation
Element of the General Plan, which designated Etiwanda Avenue as a four-lane major arterial
road. Anticipating the future growth of the SCRRA/BNSF corridor, the City’s General Plan
identified this area to be grade separated. The City seeks to acquire the Subject Property Interest
for public use, namely grade separation and related purposes, and all uses necessary or
convenient thereto in connection with the Project. The City seeks to construct the Project to
improve mobility, safety, and level of service at the crossing.
D. The Project was planned and located to minimize the impact on the
adjacent properties. Because of its scope, the Project requires the acquisition of several
permanent easements and temporary construction easements over portions of 10 larger parcels,
as well as fee interests in two parcels owned by private property owners. The construction of the
Project will require some business/residential relocations. The City will coordinate the
construction with the owner of the Subject Property Interest to minimize the impact of the Project
on the parcel. Based on the timing of the Project, it is necessary that the City consider the
acquisition by eminent domain of the required Subject Property Interest.
SECTION 6.
A. Pursuant to Government Code Section 7260 et seq., the City of Rancho
Cucamonga obtained a fair market value appraisal of the Lightning PM Parcel, the approximate
2,655 square foot temporary construction easement the City seeks to acquire for a period of 18
months for public use, namely grade separation and related purposes, and all uses necessary or
convenient thereto.
B. The City set just compensation in accordance with the appraised fair
market value, and extended a written offer on October 26, 2021 to Lightning PM LLC, the owner
of record. The fair market value appraisal used a date of value of October 14, 2021.
C. The City’s written offer included an informational pamphlet describing the
eminent domain process and the record owner’s rights under the Eminent Domain Law. In
accordance with Government Code Section 7267.2, the City’s written offer contained a written
statement of, and summary of the basis for, the amount it established as just compensation. The
offer set forth the date of value utilized by the appraiser and explained the appraiser’s opinion of
the highest and best use of the larger parcel. It explained the applicable zoning designation of
the larger parcel. The City’s offer also summarized the principal transactions relied on by the
appraiser to arrive at the appraiser’s opinion of value. In addition, the written offer explained the
appraiser’s valuation analysis, including severance damages. It included the City’s comparable
market data relied on by the appraiser. Further, the City offered, pursuant to Code of Civil
Page 301
Resolution No. 2022-009 - Page 4 of 10
Procedure Section 1263.025, to pay the record owner the reasonable costs, up to $5,000.00, for
an independent appraisal of the approximate 2,655 square foot temporary construction easement
area.
SECTION 7. The City provided written notice to the owner of record, pursuant to Code
of Civil Procedure section 1245.235 of the City Council’s intent to consider the adoption of a
Resolution of Necessity for the acquisition of the Subject Property Interest by eminent domain.
SECTION 8. The public use for which the City seeks to acquire the Subject Property
Interest, namely grade separation and related purposes, and all uses necessary or convenient
thereto, will not unreasonably interfere with or impair the continuance of the public use to which
any easement holders may have appropriated the area (Code of Civil Procedure Section
1240.510). Further, the Project may require the relocation of several utilities to the new right-of-
way area. The public use for which the City seeks to acquire the Subject Property Interest, namely
grade separation and related purposes, and all uses necessary or convenient thereto, is a more
necessary public use within the meaning of Code of Civil Procedure Section 1240.650 than the
uses to which public utility easement holders have appropriated any utility easements located on
or within the area of the Subject Property Interest that are affected by the Project. Accordingly,
the City is authorized to acquire the Subject Property Interest pursuant to Code of Civil Procedure
Sections 1240.510, 1240.610, and 1240.650.
SECTION 9. Based on the evidence presented at the hearing regarding the Project,
including the Agenda Report and documents referenced therein and any oral and written
testimony at the hearing, the City Council hereby finds and determines that:
A. The public interest and necessity require the Project;
B. The Project is planned and located in the manner that will be most
compatible with the greatest public good and the least private injury;
C. The Subject Property Interest described more particularly in Exhibit “A” and
depicted on Exhibit “B” hereto, is necessary for the Project; and
D. The City has made the offer required by Government Code Section 7267.2
to the record owner of the Subject Property Interest the City seeks to acquire.
SECTION 10. The findings and declarations contained in this Resolution are based upon
the record before the City Council, including the Agenda Report and all documents referenced
therein, all of which are incorporated herein by this reference, and any testimony and/or
comments submitted to the City by the record owner and or the owner’s representative(s). These
documents include, but are not limited to the City of Rancho Cucamonga’s General Plan, the offer
letter sent to the owner pursuant to Government Code Section 7267.2, the notice to the record
owner pursuant to Code of Civil Procedure Section 1245.235 of the City’s intent to consider the
adoption of the Resolution of Necessity, Grade Separation Plans for the Project, and the Notice
of Exemption for the Project.
SECTION 11. The City Council of the City of Rancho Cucamonga hereby authorizes and
directs the City Attorney’s Office to take all steps necessary to commence and prosecute legal
proceedings in a court of competent jurisdiction to acquire an approximate 2,655 square foot
temporary construction easement for a period of 18 months for the Project. The Subject Property
Interest is described more particularly on Exhibit “A” and depicted on Exhibit “B” hereto.
Page 302
Resolution No. 2022-009 - Page 5 of 10
SECTION 12. The City Council of the City of Rancho Cucamonga hereby authorizes the
City Manager to execute all necessary documents in connection with the eminent domain
proceeding.
SECTION 13. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 19th day of January, 2022.
________________________
L. Dennis Michael, Mayor
City of Rancho Cucamonga
ATTEST:
Janice C. Reynolds, City Clerk
City of Rancho Cucamonga
APPROVED AS TO FORM:
Nicholas R. Ghirelli, City Attorney
Richards, Watson & Gershon
CERTIFICATION:
I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, California, do hereby certify
that the foregoing Resolution 2022-009, was duly adopted by the City Council of the City of
Rancho Cucamonga, California, at a regular meeting thereof held on the 19th day of January,
2022, by the following vote, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________
Janice C. Reynolds, City Clerk
City of Rancho Cucamonga, California
Page 303
EXHIBIT A EXHIBIT A
Resolution No. 2022-009 - Page 6 of 10
Page 304
Exhibit A
Legal Description
Etiwanda Grade Separation Project
APN 229-291-17 / Lightning P.M., LLC
Temporary Construction Easement
Page 1 of 1 Pages
A portion of that certain parcel, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as
described in the Grant Deed recorded April 17, 2018, as Document No. 2018-0137215 of Official Records, records
of said County, described as follows:
Beginning at the intersection of the north line of the land described in said Grant Deed with the east line of
Etiwanda Avenue, fifty (50) foot half-width, as described in the Easement Deed recorded April 17, 1998 as
Document No. 19980145780 of Official Records of said County, as both are shown on Sheet 8 of Record of Survey
19-0109 filed in Book 168, Pages 53 through 63 of Record of Surveys, records of said County;
Thence 15t, along the north line of said land, N 87)35'05" E, a distance of 24.02 feet to a line parallel with,
and lying 24.00 feet easterly of, said east line of Etiwanda Avenue;
Thence 2nd, leaving said north line, and along said parallel line, S 00Y07'00" W, a distance of 111.07 feet;
Thence 3rd, leaving said parallel line, N 89)53'00" W, a distance of 24.00 feet to said east line of Etiwanda
Avenue;
Thence 4th, along said east line, N 00Y07'00" E, a distance of 110.15 feet to the Point of Beginning.
Containing 2,655 square feet, more or less.
Notes
The above legal description is based on the dimensions, information, and land references shown on
Record of Survey 19-0109 filed in Book 168, Pages 53 through 63 of Record of Surveys.
( Bearings and distances are referenced to the California Coordinate System, Zone 5 grid, NAD83(2011)
CSRS Epoch 2017.50. To obtain ground level distances, multiply grid distances by 1.000060364.
This descripti
Surveyors Act.
repared by me, or under my direction, in conformance with the Professional Land
10-04-2021
Justin P. Height, LS 6167 Dam
to
Job No. 0618-00016
Lightning P.M., LLC
:••••• GUIDA • • .•• :....: SURVEYING INC.
Exhibit A
Legal Description
Etiwanda Grade Separation Project
APN 229-291-17 / Lightning
Temporary Construction Easement
Page 1 of 1 Pages
Job No. 0618-00016
Lightning TCE.docx
10-04-2021
A portion of that certain parcel, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as
described in the Grant Deed recorded April 17, 2018, as Document No. 2018-0137215 of Official Records, records
of said County, described as follows:
Beginning at the intersection of the north line of the land described in said Grant Deed with the east line of
Etiwanda Avenue, fifty (50) foot half-width, as described in the Easement Deed recorded April 17, 1998 as
Document No. 19980145780 of Official Records of said County, as both are shown on Sheet 8 of Record of Survey
19-0109 filed in Book 168, Pages 53 through 63 of Record of Surveys, records of said County;
Thence 1st, along the north line of said land, N 87°55’05” E, a distance of 24.02 feet to a line parallel with,
and lying 24.00 feet easterly of, said east line of Etiwanda Avenue;
Thence 2nd, leaving said north line, and along said parallel line, S 00°07’00” W, a distance of 111.07 feet;
Thence 3rd, leaving said parallel line, N 89°53’00” W, a distance of 24.00 feet to said east line of Etiwanda
Avenue;
Thence 4th, along said east line, N 00°07’00” E, a distance of 110.15 feet to the Point of Beginning.
Containing 2,655 square feet, more or less.
Notes
·The above legal description is based on the dimensions, information, and land references shown on
Record of Survey 19-0109 filed in Book 168, Pages 53 through 63 of Record of Surveys.
· Bearings and distances are referenced to the California Coordinate System, Zone 5 grid, NAD83(2011)
CSRS Epoch 2017.50. To obtain ground level distances, multiply grid distances by 1.000060364.
This description has been prepared by me, or under my direction, in conformance with the Professional Land
Surveyors Act.
__________________________________________
Justin P. Height, PLS 6167 Dam
te
APN 229-291-17 / Lightning P.M., LLC
Job No. 0618-00016
Lightning P.M., LLC
Resolution No. 2022-009 - Page 7 of 10
Page 305
EXHIBIT B EXHIBIT B
Resolution No. 2022-009 - Page 8 of 10
Page 306
NOTES
ETIWANDA AVENUE 30'
50'
50'
SBCTA RAIL CORRIDOR
PARDEL 1 ; LLA 501; 003. NO 2002-0026839 OR
NORTH LINE OF LAND
DESCRIBED IN
DOC. NO. 2018-0137215 OR
TEMP. CONST. EASEMENT
2,655 SQ. FT.
(SEE PAGE 2)
OCC., NC., 2012-0137/215 C.H
EAST LINE OF t. I IWANDA AVE
PER EASEMENT DEED
DOC. NO. 19980145780 OR
40'
GUIDA
SURVEYING INC.
2866 C.,.H., 305
THIS PLAT HAS BEEN PREPARED BY ME, OR
UNDER MY DI CTION, IN CONFORMANCE WITH
THE PRC FES L LAND SURVEYORS ACT.
10-04-2021
Job No. 0618-00016 JUSTIN P. HEIGHT, PLS 6167 DATE
PLAT MAP IS BASED ON THE
INFORMATION AND LAND
REFERENCES SHOWN ON RECORD
OF SURVEY 19-0109 FILED IN
BOOK 168, PAGES 53 THROUGH
63 OF RECORD OF SURVEYS.
BEARINGS AND DISTANCES ARE
REFERENCED TO THE CALIFORNIA
COORDINATE SYSTEM, ZONE 5
GRID, NAD83(2011) CSRS EPOCH
2017.50. TO OBTAIN GROUND
LEVEL DISTANCES, MULTIPLY GRID
DISTANCES BY 1.000060364.
SCALE: 1"=.100'
Exhibit B
Plat Map
Etiwanda Grade Separation Project
APN 229-291-17 / Lightning P.M., LLC
Temporary Construction Easement
Page 1 of 2 Pages
APN 229-291-17 / Lightning P.M., LLCResolution No. 2022-009 - Page 9 of 10 Page 307
0 ro
Umml if' GUI DA Um.. .9.9.9 SURVEYING INC.
Job No. 0618-00016
NORTH LINE OF LAND
DESCRIBED IN
DOC. NO. 201 8-01 3721 5 OR
0 LU
EAST LINE OF EI IWANDA AVE
PER EASEMENT DEED
DOC. NO. 19980145780 OR
ETRA/ANDA AVENUE
SCALE: 1"=20'
0 LU
Exhibit B
Plat Map
Etiwanda Grade Separation Project
APN 229-291-17 / Lightning P.M., LLC
Temporary Construction Easement
Page 2 of 2 Pages
APN 229-291-17 / Lightning P.M., LLCResolution No. 2022-009 - Page 10 of 10 Page 308
Resolution No. 2022-010 - Page 1 of 9
RESOLUTION NO. 2022-010
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY
INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE
ACQUISITION THEREOF IN CONNECTION WITH THE ETIWANDA GRADE
SEPARATION PROJECT (TEMPORARY CONSTRUCTION EASEMENT OVER
A PORTION OF APNS 0229-131-15, 16 & 26)
WHEREAS, the City of Rancho Cucamonga (“City”) is a municipal corporation in the
County of San Bernardino, State of California; and
WHEREAS, the City seeks to construct the Etiwanda Grade Separation Project (“Project”).
The Project requires the acquisition of additional right of way for grade separation. The
Project involves the widening and construction of Etiwanda Avenue as a four-lane grade
separated roadway over the Southern California Regional Rail Authority (“SCRRA”)/Burlington
Northern and Santa Fe Railroad (“BNSF”) San Gabriel subdivision, currently a two-lane at-grade
crossing. The Project will construct an overhead crossing, utilizing walls and embankments to
support the raised approaching roadway. It will span the railroad right-of-way and provide access
to adjacent properties. The Project will widen Etiwanda Avenue to four traffic lanes including a
painted median/left turn lane with bike lanes and sidewalks on each side and a northbound right
turn lane onto Whittram Avenue. When completed in 2024, the Project will reduce vehicle and
truck delays, as well as queuing. It will improve mobility, safety, and level of service at the
crossing, and it will provide for the safe transit of pedestrians, bicyclists, vehicles, trucks, and
trains. Furthermore, the Project will provide for improved response times in the area for first
responders such as police officers, firefighters, paramedics, and emergency medical technicians.
All work is consistent with the City’s General Plan of Circulation. The Plans for the Project are on
file with the Engineering Services Department and are incorporated herein by this reference; and
WHEREAS, the environmental effects of the Project were studied and analyzed pursuant
to the California Environmental Quality Act (“CEQA”), Public Resources Code Section 21000 et
seq., and the CEQA Guidelines, 14 Cal. Code Regs. Section 15000 et seq. (“CEQA Guidelines”).
City Staff determined that the Project was statutorily exempt pursuant to CEQA Article 18.
Statutory Exemptions, Section 15282. Other Statutory Exemptions, paragraph (g) as a railroad
grade separation project which eliminates and existing grade crossing or reconstructs an existing
grade separation. The City Council approved the Notice of Exemption and authorized Staff to file
the Notice of Exemption with the Office of Planning and Research and the County clerk as
specified in Section 21080.13(2) of the Public Resources Code. Said Notice of Exemption was
filed with the Office of Planning and Research and with the County of San Bernardino on or about
June 11, 2018 in accordance with the statutory requirements; and
WHEREAS, in connection with the proposed Resolution of Necessity, on January 19,
2022, City Staff reviewed the environmental documentation prepared in connection with the
Project. Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of
the Public Resources Code, City Staff concluded that no substantial changes have occurred in
the Project, no substantial changes have occurred in the circumstances under which the Project
is undertaken, and that the City has obtained no new information of substantial importance that
would require further environmental analysis. These environmental findings are the appropriate
findings with respect to the proposed acquisition of the Subject Property Interests.
ATTACHMENT 3Page309
Resolution No. 2022-010 - Page 2 of 9
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho
Cucamonga as follows:
SECTION 1. The Rancho Cucamonga City Council adopts Resolution No. 2022-010, A
Resolution of the City Council of the City of Rancho Cucamonga, California, Declaring Certain
Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof
in Connection with the Etiwanda Grade Separation Project (A temporary construction easement
on a portion of APNs 0229-131-15, 16 & 26).
SECTION 2. The City seeks to acquire by eminent domain the real property interest
described below in Section 3 of this Resolution for public use, namely grade separation and
related purposes, and all uses necessary or convenient thereto in connection with the Etiwanda
Grade Separation Project pursuant to the authority conferred on the City of Rancho Cucamonga
to acquire real property by eminent domain by Section 19 of Article 1 of the California Constitution,
Government Code Sections 37350, 37350.5, 37351, 40401, and 40404, California Code of Civil
Procedure Section 1230.010 et seq. (Eminent Domain Law), including but not limited to Sections
1240.010, 1240.020, 1240.110, 1240.120, 1240.150, 1240.510, 1240.610, 1240.650, and by
other provisions of law.
SECTION 3. The City seeks to acquire an approximate 8,073 square foot temporary
construction easement with a term of 18 months (“Subject Property Interest”) over a portion of the
real property located at 8768 and 8822 Etiwanda Avenue, Rancho Cucamonga, and identified as
San Bernardino County Tax Assessor’s Parcel Numbers 0229-131-15, 0229-131-16, and 0229-
131-26 (“SCG of DP Etiwanda Parcel”) in connection with the Project. The Subject Property
Interest is described more particularly in Exhibit “A” and depicted on Exhibit “B”, which are
attached hereto and incorporated herein by this reference.
SECTION 4. The environmental effects of the acquisition of the Subject Property Interest
were studied as an integral part of the environmental review for the Project. In connection with
the proposed Resolution of Necessity, on January 19, 2022, City Staff reviewed the environmental
documentation prepared in connection with the Project. Pursuant to the criteria of Section 15162
of the CEQA Guidelines and Section 21166 of the Public Resources Code, City staff concluded
that no substantial changes have occurred in the Project, no substantial changes have occurred
in the circumstances under which the Project is undertaken, and that the City has obtained no
new information of substantial importance that would require further environmental analysis.
These environmental findings are the appropriate findings with respect to the proposed acquisition
of the Subject Property Interest.
SECTION 5. The Project, as planned and designed, is in the public interest and necessity
and is needed to improve vehicle and rail safety, traffic mobility, and surface transportation, as
more fully explained below:
A. The Project requires the acquisition of additional right of way for grade
separation. The Project involves the widening and construction of Etiwanda Avenue as a four-
lane grade separated roadway over the SCRRA/BNSF San Gabriel subdivision, currently a two-
lane at-grade crossing. The Project will construct an overhead crossing, utilizing walls and
embankments to support the raised approaching roadway. It will span the railroad right-of-way
and provide access to adjacent properties. The Project will widen Etiwanda Avenue to four traffic
lanes including a painted median/left turn lane with bike lanes and sidewalks on each side and a
northbound right turn lane onto Whittram Avenue. When completed in 2024, the Project will
reduce vehicle and truck delays, as well as queuing. It will improve mobility, safety, and level of
Page 310
Resolution No. 2022-010 - Page 3 of 9
service at the crossing, and it will provide for the safe transit of pedestrians, bicyclists, vehicles,
trucks, and trains. Furthermore, the Project will provide for improved response times in the area
for first responders such as police officers, firefighters, paramedics, and emergency medical
technicians. All work is consistent with the City’s General Plan of Circulation.
B. The Project will reduce vehicle and truck delays, improve safety and level
of service at the crossing, and it will provide for the safe transit of pedestrians, bicyclists, vehicles,
trucks, and trains. Additionally, the Project will provide for improved response times in the area
for first responders such as police officers, firefighters, paramedics, and emergency medical
technicians. Accordingly, the Project will benefit the residents and businesses of the City and the
community as a whole.
C. The Project, as planned and designed, is consistent with the Circulation
Element of the General Plan, which designated Etiwanda Avenue as a four-lane major arterial
road. Anticipating the future growth of the SCRRA/BNSF corridor, the City’s General Plan
identified this area to be grade separated. The City seeks to acquire the Subject Property Interest
for public use, namely grade separation and related purposes, and all uses necessary or
convenient thereto in connection with the Project. The City seeks to construct the Project to
improve mobility, safety, and level of service at the crossing.
D. The Project was planned and located to minimize the impact on the
adjacent properties. Because of its scope, the Project requires the acquisition of several
permanent easements and temporary construction easements over portions of 10 larger parcels,
as well as fee interests in two parcels owned by private property owners. The construction of the
Project will require some business/residential relocations. The City will coordinate the
construction with the owner of the Subject Property Interest to minimize the impact of the Project
on the parcel. Based on the timing of the Project, it is necessary that the City consider the
acquisition by eminent domain of the required Subject Property Interest.
SECTION 6.
A. Pursuant to Government Code Section 7260 et seq., the City of Rancho
Cucamonga obtained a fair market value appraisal of the SCG of DP Etiwanda Parcel, the
approximate 8,073 square foot temporary construction easement the City seeks to acquire for a
period of 18 months for public use, namely grade separation and related purposes, and all uses
necessary or convenient thereto.
B. The City set just compensation in accordance with the appraised fair
market value, and extended a written offer on October 26, 2021 to SCG of DP Etiwanda LLC, the
owner of record. The fair market value appraisal used a date of value of October 14, 2021.
C. The City’s written offer included an informational pamphlet describing the
eminent domain process and the record owner’s rights under the Eminent Domain Law. In
accordance with Government Code Section 7267.2, the City’s written offer contained a written
statement of, and summary of the basis for, the amount it established as just compensation. The
offer set forth the date of value utilized by the appraiser and explained the appraiser’s opinion of
the highest and best use of the larger parcel. It explained the applicable zoning designation of
the larger parcel. The City’s offer also summarized the principal transactions relied on by the
appraiser to arrive at the appraiser’s opinion of value. In addition, the written offer explained the
appraiser’s valuation analysis, including severance damages. It included the City’s comparable
market data relied on by the appraiser. Further, the City offered, pursuant to Code of Civil
Page 311
Resolution No. 2022-010 - Page 4 of 9
Procedure Section 1263.025, to pay the record owner the reasonable costs, up to $5,000.00, for
an independent appraisal of the approximate 8,073 square foot temporary construction easement
area.
SECTION 7. The City provided written notice to the owner of record, pursuant to Code
of Civil Procedure section 1245.235 of the City Council’s intent to consider the adoption of a
Resolution of Necessity for the acquisition of the Subject Property Interest by eminent domain.
SECTION 8. The public use for which the City seeks to acquire the Subject Property
Interest, namely grade separation and related purposes, and all uses necessary or convenient
thereto, will not unreasonably interfere with or impair the continuance of the public use to which
any easement holders may have appropriated the area (Code of Civil Procedure Section
1240.510). Further, the Project may require the relocation of several utilities to the new right-of-
way area. The public use for which the City seeks to acquire the Subject Property Interest, namely
grade separation and related purposes, and all uses necessary or convenient thereto, is a more
necessary public use within the meaning of Code of Civil Procedure Section 1240.650 than the
uses to which public utility easement holders have appropriated any utility easements located on
or within the area of the Subject Property Interest that are affected by the Project. Accordingly,
the City is authorized to acquire the Subject Property Interest pursuant to Code of Civil Procedure
Sections 1240.510, 1240.610, and 1240.650.
SECTION 9. Based on the evidence presented at the hearing regarding the Project,
including the Agenda Report and documents referenced therein and any oral and written
testimony at the hearing, the City Council hereby finds and determines that:
A. The public interest and necessity require the Project;
B. The Project is planned and located in the manner that will be most
compatible with the greatest public good and the least private injury;
C. The Subject Property Interest described more particularly in Exhibit “A” and
depicted on Exhibit “B” hereto, is necessary for the Project; and
D. The City has made the offer required by Government Code Section 7267.2
to the record owner of the Subject Property Interest the City seeks to acquire.
SECTION 10. The findings and declarations contained in this Resolution are based upon
the record before the City Council, including the Agenda Report and all documents referenced
therein, all of which are incorporated herein by this reference, and any testimony and/or
comments submitted to the City by the record owner and or the owner’s representative(s). These
documents include, but are not limited to the City of Rancho Cucamonga’s General Plan, the offer
letter sent to the owner pursuant to Government Code Section 7267.2, the notice to the record
owner pursuant to Code of Civil Procedure Section 1245.235 of the City’s intent to consider the
adoption of the Resolution of Necessity, Grade Separation Plans for the Project, and the Notice
of Exemption for the Project.
SECTION 11. The City Council of the City of Rancho Cucamonga hereby authorizes and
directs the City Attorney’s Office to take all steps necessary to commence and prosecute legal
proceedings in a court of competent jurisdiction to acquire an approximate 8,073 square foot
temporary construction easement for a period of 18 months for the Project. The Subject Property
Interest is described more particularly on Exhibit “A” and depicted on Exhibit “B” hereto.
Page 312
Resolution No. 2022-010 - Page 5 of 9
SECTION 12. The City Council of the City of Rancho Cucamonga hereby authorizes the
City Manager to execute all necessary documents in connection with the eminent domain
proceeding.
SECTION 13. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 19th day of January, 2022.
________________________
L. Dennis Michael, Mayor
City of Rancho Cucamonga
ATTEST:
Janice C. Reynolds, City Clerk
City of Rancho Cucamonga
APPROVED AS TO FORM:
Nicholas R. Ghirelli, City Attorney
Richards, Watson & Gershon
CERTIFICATION:
I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, California, do hereby certify
that the foregoing Resolution No. 2022-010, was duly adopted by the City Council of the City of
Rancho Cucamonga, California, at a regular meeting thereof held on the 19th day of January,
2022, by the following vote, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________
Janice C. Reynolds, City Clerk
City of Rancho Cucamonga, California
Page 313
EXHIBIT A EXHIBIT A
Resolution No. 2022-010 - Page 6 of 9
Page 314
Exhibit A
Legal Description
Etiwanda Grade Separation Project
APN 229-131-16 / SCG/DP Etiwanda, LLC
Temporary Construction Easement
Page 1 of 1 Pages
That portion of Parcel A of Lot Line Adjustment No. LLA 2018-00009, in the City of Rancho Cucamonga, County of
San Bernardino, State of California, described in the Certificate of Compliance recorded August 29, 2018 as
Document No. 2018-0318431 of Official Records of said County, described as follows:
Commencing at the northeast corner of said Parcel A as shown on Record of Survey 19-0109, filed in Book 168,
Pages 53 through 63 of Records of Survey, being a point on the west right of way of Etiwanda Avenue, sixty (60)
foot half-width, as described in the Grant of Easement recorded February 10, 1971 in Book 7607, Page 364 of
Official Records of said County;
Thence, along said right of way, South 0Y07'00" West, a distance of 189.78 feet to a point on the line common to
said Parcel A and the land described in the Grant Deed recorded October 27, 1977 in Book 9293, Page 615 of
Official Records as shown on said Record of Survey, said point being the True Point Of Beginning;
Thence 15t, along said common line North 89)16'06" West, a distance of 110.64 feet;
Thence 2nd, leaving said common line North 0Y07'00" East, a distance of 72.17 feet;
Thence 3rd, North 89Y53'39" East, a distance of 110.64 feet to said west right of way of Etiwanda Avenue;
Thence 4th, along said west right of way, South 0Y07'00" West, a distance of 73.78 feet to the True Point of
Beginning.
Containing 8,073 square feet, more or less.
Notes
The above legal description is based on the dimensions, information, and land references shown on
Record of Survey 19-0109 filed in Book 168, Pages 53 through 63 of Record of Surveys.
( Bearings and distances are referenced to the California Coordinate System, Zone 5 grid, NAD83(2011)
CSRS Epoch 2017.50. To obtain ground level distances, multiply grid distances by 1.000060364.
This descripti
Surveyors Act.
Justin P. Height, LS 6167
Job No. 0618-00016
SCG / DP Etiwanda, LLC
repared by me, or under my direction, in conformance with the Professional Land
10-04-2021
Date
:••••• GUIDA •• ••• • • SURVEYING INC.
Exhibit A
Legal Description
Etiwanda Grade Separation Project
APN 229-131-16 / DP Etiwanda
Temporary Construction Easement
Page 1 of 1 Pages
Job No. 0618-00016
DP Etiwanda TCE.docx
10-04-2021
That portion of Parcel A of Lot Line Adjustment No. LLA 2018-00009, in the City of Rancho Cucamonga, County of
San Bernardino, State of California, described in the Certificate of Compliance recorded August 29, 2018 as
Document No. 2018-0318431 of Official Records of said County, described as follows:
Commencing at the northeast corner of said Parcel A as shown on Record of Survey 19-0109, filed in Book 168,
Pages 53 through 63 of Records of Survey, being a point on the west right of way of Etiwanda Avenue, sixty (60)
foot half-width, as described in the Grant of Easement recorded February 10, 1971 in Book 7607, Page 364 of
Official Records of said County;
Thence, along said right of way, South 0°07’00” West, a distance of 189.78 feet to a point on the line common to
said Parcel A and the land described in the Grant Deed recorded October 27, 1977 in Book 9293, Page 615 of
Official Records as shown on said Record of Survey, said point being the True Point Of Beginning;
Thence 1st, along said common line North 89°16’06” West, a distance of 110.64 feet;
Thence 2nd, leaving said common line North 0°07'00" East, a distance of 72.17 feet;
Thence 3rd, North 89°53'39" East, a distance of 110.64 feet to said west right of way of Etiwanda Avenue;
Thence 4th, along said west right of way, South 0°07'00" West, a distance of 73.78 feet to the True Point of
Beginning.
Containing 8,073 square feet, more or less.
Notes
·The above legal description is based on the dimensions, information, and land references shown on
Record of Survey 19-0109 filed in Book 168, Pages 53 through 63 of Record of Surveys.
· Bearings and distances are referenced to the California Coordinate System, Zone 5 grid, NAD83(2011)
CSRS Epoch 2017.50. To obtain ground level distances, multiply grid distances by 1.000060364.
This description has been prepared by me, or under my direction, in conformance with the Professional Land
Surveyors Act.
__________________________________________
Justin P. Height, PLS 6167 Date
Job No. 0618-00016
SCG / DP Etiwanda, LLC
APN 229-131-16 / SCG/DP Etiwanda, LLC
Resolution No. 2022-010 - Page 7 of 9
Page 315
EXHIBIT B EXHIBIT B
Resolution No. 2022-010 - Page 8 of 9
Page 316
NOTES
PLAT MAP IS BASED ON THE INFORMATION AND
LAND REFERENCES SHOWN ON RECORD OF
SURVEY 19-0109 FILED IN BOOK 168, PAGES
53 THROUGH 63 OF RECORD OF SURVEYS.
BEARINGS AND DISTANCES ARE REFERENCED TO
THE CALIFORNIA COORDINATE SYSTEM, ZONE 5
GRID, NAD83(2011) CSRS EPOCH 2017.50. TO
OBTAIN GROUND LEVEL DISTANCES, MULTIPLY
GRID DISTANCES BY 1.000060364.
POINT OF COMMENCEMENT
NW CORNER OF PARCEL A
WEST ROW LI IWANDA AVE
PER 7607 OR 364
TEMP. CONST. EASEMENT
8,073 SQ. FT.
Pilf .DEL A
LLA 2019— 0 0 0 0 9
000 NO 2019-0319431 Jr''
COURSE TABLE
L1 SO°07'00''W 189.78' [TIE]
L2 N89°16'06”W 110.64'
L3 NO°07'00”E 72.17'
L4 N89°53'39”E 110.64'
L5 SO°07'00''W 73.78'
MENU MENU MENU MENEEN MENEEN MENNEN SURVEYING INC.
L2
TRUE POINT
OF BEGINNING
9293 0 ., R ., 615
BCC NC 2009-001 1 123
SBCTA RAIL CORRIDOR
THIS PLAT HAS BEEN PREPARED BY ME, OR
UNDER MY 3T ECTION, IN CONFORMANCE WITH
THE F \ SI NAL LAND SURVEYORS ACT.
1 0 — 0 4 — 2 0 21
Job No. 0618-00016 JUSTIN P. HEIG T, PLS 6167 DATE
SCALE: 1"=100'
50'
60'
Exhibit B
Plat Map
Etiwanda Grade Separation Project
APN 229-131-16 / SCG/DP Etiwanda, LLC
Temporary Construction Easement
Page 1 of 1 Pages ETIWANDA AVENUE APN 229-131-16 / SCG/DP Etiwanda, LLCResolution No. 2022-010 - Page 9 of 9 Page 317
Resolution No. 2022-011 - Page 1 of 10
RESOLUTION NO. 2022-011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY
INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE
ACQUISITION THEREOF IN CONNECTION WITH THE ETIWANDA GRADE
SEPARATION PROJECT (TEMPORARY CONSTRUCTION EASEMENT OVER
A PORTION OF APN 0229-162-15)
WHEREAS, the City of Rancho Cucamonga (“City”) is a municipal corporation in the
County of San Bernardino, State of California; and
WHEREAS, the City seeks to construct the Etiwanda Grade Separation Project (“Project”).
The Project requires the acquisition of additional right of way for grade separation. The
Project involves the widening and construction of Etiwanda Avenue as a four-lane grade
separated roadway over the Southern California Regional Rail Authority (“SCRRA”)/Burlington
Northern and Santa Fe Railroad (“BNSF”) San Gabriel subdivision, currently a two-lane at-grade
crossing. The Project will construct an overhead crossing, utilizing walls and embankments to
support the raised approaching roadway. It will span the railroad right-of-way and provide access
to adjacent properties. The Project will widen Etiwanda Avenue to four traffic lanes including a
painted median/left turn lane with bike lanes and sidewalks on each side and a northbound right
turn lane onto Whittram Avenue. When completed in 2024, the Project will reduce vehicle and
truck delays, as well as queuing. It will improve mobility, safety, and level of service at the
crossing, and it will provide for the safe transit of pedestrians, bicyclists, vehicles, trucks, and
trains. Furthermore, the Project will provide for improved response times in the area for first
responders such as police officers, firefighters, paramedics, and emergency medical technicians.
All work is consistent with the City’s General Plan of Circulation. The Plans for the Project are on
file with the Engineering Services Department and are incorporated herein by this reference; and
WHEREAS, the environmental effects of the Project were studied and analyzed pursuant
to the California Environmental Quality Act (“CEQA”), Public Resources Code Section 21000 et
seq., and the CEQA Guidelines, 14 Cal. Code Regs. Section 15000 et seq. (“CEQA Guidelines”).
City Staff determined that the Project was statutorily exempt pursuant to CEQA Article 18.
Statutory Exemptions, Section 15282. Other Statutory Exemptions, paragraph (g) as a railroad
grade separation project which eliminates and existing grade crossing or reconstructs an existing
grade separation. The City Council approved the Notice of Exemption and authorized Staff to file
the Notice of Exemption with the Office of Planning and Research and the County clerk as
specified in Section 21080.13(2) of the Public Resources Code. Said Notice of Exemption was
filed with the Office of Planning and Research and with the County of San Bernardino on or about
June 11, 2018 in accordance with the statutory requirements; and
WHEREAS, in connection with the proposed Resolution of Necessity, on January 19,
2022, City Staff reviewed the environmental documentation prepared in connection with the
Project. Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of
the Public Resources Code, City Staff concluded that no substantial changes have occurred in
the Project, no substantial changes have occurred in the circumstances under which the Project
is undertaken, and that the City has obtained no new information of substantial importance that
would require further environmental analysis. These environmental findings are the appropriate
findings with respect to the proposed acquisition of the Subject Property Interests.
ATTACHMENT 4Page318
Resolution No. 2022-011 - Page 2 of 10
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho
Cucamonga as follows:
SECTION 1. The Rancho Cucamonga City Council adopts Resolution No. 2022-011, A
Resolution of the City Council of the City of Rancho Cucamonga, California, Declaring Certain
Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof
in Connection with the Etiwanda Grade Separation Project (A temporary construction easement
on a portion of APN 0229-162-15).
SECTION 2. The City seeks to acquire by eminent domain the real property interest
described below in Section 3 of this Resolution for public use, namely grade separation and
related purposes, and all uses necessary or convenient thereto in connection with the Etiwanda
Grade Separation Project pursuant to the authority conferred on the City of Rancho Cucamonga
to acquire real property by eminent domain by Section 19 of Article 1 of the California Constitution,
Government Code Sections 37350, 37350.5, 37351, 40401, and 40404, California Code of Civil
Procedure Section 1230.010 et seq. (Eminent Domain Law), including but not limited to Sections
1240.010, 1240.020, 1240.110, 1240.120, 1240.150, 1240.510, 1240.610, 1240.650, and by
other provisions of law.
SECTION 3. The City seeks to acquire an approximate 5,011 square foot temporary
construction easement with a term of 18 months (“Subject Property Interest”) over a portion of the
real property located at 8821 Etiwanda Avenue, Rancho Cucamonga, and identified as San
Bernardino County Tax Assessor’s Parcel Number 0229-162-15 (“Jones, Garness, & Clemons
Parcel”) in connection with the Project. The Subject Property Interest is described more
particularly in Exhibit “A” and depicted on Exhibit “B”, which are attached hereto and incorporated
herein by this reference.
SECTION 4. The environmental effects of the acquisition of the Subject Property Interest
were studied as an integral part of the environmental review for the Project. In connection with
the proposed Resolution of Necessity, on January 19, 2022, City Staff reviewed the environmental
documentation prepared in connection with the Project. Pursuant to the criteria of Section 15162
of the CEQA Guidelines and Section 21166 of the Public Resources Code, City staff concluded
that no substantial changes have occurred in the Project, no substantial changes have occurred
in the circumstances under which the Project is undertaken, and that the City has obtained no
new information of substantial importance that would require further environmental analysis.
These environmental findings are the appropriate findings with respect to the proposed acquisition
of the Subject Property Interest.
SECTION 5. The Project, as planned and designed, is in the public interest and necessity
and is needed to improve vehicle and rail safety, traffic mobility, and surface transportation, as
more fully explained below:
A. The Project requires the acquisition of additional right of way for grade
separation. The Project involves the widening and construction of Etiwanda Avenue as a four-
lane grade separated roadway over the SCRRA/BNSF San Gabriel subdivision, currently a two-
lane at-grade crossing. The Project will construct an overhead crossing, utilizing walls and
embankments to support the raised approaching roadway. It will span the railroad right-of-way
and provide access to adjacent properties. The Project will widen Etiwanda Avenue to four traffic
lanes including a painted median/left turn lane with bike lanes and sidewalks on each side and a
northbound right turn lane onto Whittram Avenue. When completed in 2024, the Project will
reduce vehicle and truck delays, as well as queuing. It will improve mobility, safety, and level of
Page 319
Resolution No. 2022-011 - Page 3 of 10
service at the crossing, and it will provide for the safe transit of pedestrians, bicyclists, vehicles,
trucks, and trains. Furthermore, the Project will provide for improved response times in the area
for first responders such as police officers, firefighters, paramedics, and emergency medical
technicians. All work is consistent with the City’s General Plan of Circulation.
B. The Project will reduce vehicle and truck delays, improve safety and level
of service at the crossing, and it will provide for the safe transit of pedestrians, bicyclists, vehicles,
trucks, and trains. Additionally, the Project will provide for improved response times in the area
for first responders such as police officers, firefighters, paramedics, and emergency medical
technicians. Accordingly, the Project will benefit the residents and businesses of the City and the
community as a whole.
C. The Project, as planned and designed, is consistent with the Circulation
Element of the General Plan, which designated Etiwanda Avenue as a four-lane major arterial
road. Anticipating the future growth of the SCRRA/BNSF corridor, the City’s General Plan
identified this area to be grade separated. The City seeks to acquire the Subject Property Interest
for public use, namely grade separation and related purposes, and all uses necessary or
convenient thereto in connection with the Project. The City seeks to construct the Project to
improve mobility, safety, and level of service at the crossing.
D. The Project was planned and located to minimize the impact on the
adjacent properties. Because of its scope, the Project requires the acquisition of several
permanent easements and temporary construction easements over portions of 10 larger parcels,
as well as fee interests in two parcels owned by private property owners. The construction of the
Project will require some business/residential relocations. The City will coordinate the
construction with the owner of the Subject Property Interest to minimize the impact of the Project
on the parcel. Based on the timing of the Project, it is necessary that the City consider the
acquisition by eminent domain of the required Subject Property Interest.
SECTION 6.
A. Pursuant to Government Code Section 7260 et seq., the City of Rancho
Cucamonga obtained a fair market value appraisal of the Jones, Garness & Clemons Parcel, the
approximate 5,011 square foot temporary construction easement the City seeks to acquire for a
period of 18 months for public use, namely grade separation and related purposes, and all uses
necessary or convenient thereto.
B. The City set just compensation in accordance with the appraised fair
market value, and extended a written offer on October 26, 2021 to the trustees of the Jones Family
Trust, the Garness Family Trust, and the Clemons Revocable Trust, the owners of record. The
fair market value appraisal used a date of value of October 14, 2021.
C. The City’s written offer included an informational pamphlet describing the
eminent domain process and the record owner’s rights under the Eminent Domain Law. In
accordance with Government Code Section 7267.2, the City’s written offer contained a written
statement of, and summary of the basis for, the amount it established as just compensation. The
offer set forth the date of value utilized by the appraiser and explained the appraiser’s opinion of
the highest and best use of the larger parcel. It explained the applicable zoning designation of
the larger parcel. The City’s offer also summarized the principal transactions relied on by the
appraiser to arrive at the appraiser’s opinion of value. In addition, the written offer explained the
appraiser’s valuation analysis, including severance damages. It included the City’s comparable
Page 320
Resolution No. 2022-011 - Page 4 of 10
market data relied on by the appraiser. Further, the City offered, pursuant to Code of Civil
Procedure Section 1263.025, to pay the record owners the reasonable costs, up to $5,000.00, for
an independent appraisal of the approximate 5,011 square foot temporary construction easement
area.
SECTION 7. The City provided written notice to the owners of record, pursuant to Code
of Civil Procedure section 1245.235 of the City Council’s intent to consider the adoption of a
Resolution of Necessity for the acquisition of the Subject Property Interest by eminent domain.
SECTION 8. The public use for which the City seeks to acquire the Subject Property
Interest, namely grade separation and related purposes, and all uses necessary or convenient
thereto, will not unreasonably interfere with or impair the continuance of the public use to which
any easement holders may have appropriated the area (Code of Civil Procedure Section
1240.510). Further, the Project may require the relocation of several utilities to the new right-of-
way area. The public use for which the City seeks to acquire the Subject Property Interest, namely
grade separation and related purposes, and all uses necessary or convenient thereto, is a more
necessary public use within the meaning of Code of Civil Procedure Section 1240.650 than the
uses to which public utility easement holders have appropriated any utility easements located on
or within the area of the Subject Property Interest that are affected by the Project. Accordingly,
the City is authorized to acquire the Subject Property Interest pursuant to Code of Civil Procedure
Sections 1240.510, 1240.610, and 1240.650.
SECTION 9. Based on the evidence presented at the hearing regarding the Project,
including the Agenda Report and documents referenced therein and any oral and written
testimony at the hearing, the City Council hereby finds and determines that:
A. The public interest and necessity require the Project;
B. The Project is planned and located in the manner that will be most
compatible with the greatest public good and the least private injury;
C. The Subject Property Interest described more particularly in Exhibit “A” and
depicted on Exhibit “B” hereto, is necessary for the Project; and
D. The City has made the offer required by Government Code Section 7267.2
to the record owner of the Subject Property Interest the City seeks to acquire.
SECTION 10. The findings and declarations contained in this Resolution are based upon
the record before the City Council, including the Agenda Report and all documents referenced
therein, all of which are incorporated herein by this reference, and any testimony and/or
comments submitted to the City by the record owner and or the owner’s representative(s). These
documents include, but are not limited to the City of Rancho Cucamonga’s General Plan, the offer
letter sent to the owner pursuant to Government Code Section 7267.2, the notice to the record
owner pursuant to Code of Civil Procedure Section 1245.235 of the City’s intent to consider the
adoption of the Resolution of Necessity, Grade Separation Plans for the Project, and the Notice
of Exemption for the Project.
SECTION 11. The City Council of the City of Rancho Cucamonga hereby authorizes and
directs the City Attorney’s Office to take all steps necessary to commence and prosecute legal
proceedings in a court of competent jurisdiction to acquire an approximate 5,011 square foot
Page 321
Resolution No. 2022-011 - Page 5 of 10
temporary construction easement for a period of 18 months for the Project. The Subject Property
Interest is described more particularly on Exhibit “A” and depicted on Exhibit “B” hereto.
SECTION 12. The City Council of the City of Rancho Cucamonga hereby authorizes the
City Manager to execute all necessary documents in connection with the eminent domain
proceeding.
SECTION 13. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 19th day of January, 2022.
________________________
L. Dennis Michael, Mayor
City of Rancho Cucamonga
ATTEST:
Janice C. Reynolds, City Clerk
City of Rancho Cucamonga
APPROVED AS TO FORM:
Nicholas R. Ghirelli, City Attorney
Richards, Watson & Gershon
CERTIFICATION:
I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, California, do hereby certify
that the foregoing Resolution No. 2022-011, was duly adopted by the City Council of the City of
Rancho Cucamonga, California, at a regular meeting thereof held on the 19th day of January,
2022, by the following vote, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________
Janice C. Reynolds, City Clerk
City of Rancho Cucamonga, California
Page 322
EXHIBIT A EXHIBIT A
Resolution No. 2022-011 - Page 6 of 10
Page 323
Exhibit A
Legal Description
Etiwanda Grade Separation Project
APN 229-162-15 / Jones-Strack
Temporary Construction Easement
Page 1 of 1 Pages
That portion of Parcel B, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as
described in the Certificate of Compliance No. 269 for Lot Line Adjustment, recorded February 18, 1988 as
Document No. 88-048704 of Official Records, records of said County, described as follows:
Beginning at the intersection of the north line of said Parcel B with the east line of Etiwanda Avenue, fifty (50) foot
half-width, as described in the Easement Deed recorded February 16, 1988 as Document No. 88-046978 of Official
Records of said County, as both are shown on Sheet 5 of Record of Survey 19-0109 filed in Book 168, Pages 53
through 63 of Record of Surveys, records of said County;
Thence 15t, along the north line of said Parcel B, S 89)36'54" E, a distance of 402.05 feet;
Thence 2nd, leaving said north line, S 00)23'06" W, a distance of 10.00 feet to a line parallel with, and lying
10.00 feet south of, said north line of Parcel B;
Thence 3rd, along said parallel line, N 89Y36'54" W, distance of 392.00 feet to a line parallel with, and lying
10.00 feet east of, said east line of Etiwanda Avenue;
Thence 4th, along last said parallel line, S 00Y07'00" W, distance of 99.06 feet;
Thence 5th, leaving last said parallel line, N 89)33'00" W, a distance of 10.00 feet to said east line of
Etiwanda Avenue;
Thence 6th, along said east line, N 00Y07'00" E, a distance of 109.11 feet to the Point of Beginning.
Containing 5,011 square feet, more or less.
Notes
The above legal description is based on the dimensions, information, and land references shown on
Record of Survey 19-0109 filed in Book 168, Pages 53 through 63 of Record of Surveys.
( Bearings and distances are referenced to the California Coordinate System, Zone 5 grid, NAD83(2011)
CSRS Epoch 2017.50. To obtain ground level distances, multiply grid distances by 1.000060364.
This descripti n repared by me, or under my direction, in conformance with the Professional Land
Surveyors Act.
10-04-2021
Justin P. Height, LS 6167 Date
Job No. 0618-00016
Jones-Strack TCE.docx
:••••• GUIDA • • ••• • • SURVEYING INC.
Exhibit A
Legal Description
Etiwanda Grade Separation Project
APN 229-162-15 / Jones-Strack
Temporary Construction Easement
Page 1 of 1 Pages
Job No. 0618-00016
Jones-Strack TCE.docx
10-04-2021
That portion of Parcel B, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as
described in the Certificate of Compliance No. 269 for Lot Line Adjustment, recorded February 18, 1988 as
Document No. 88-048704 of Official Records, records of said County, described as follows:
Beginning at the intersection of the north line of said Parcel B with the east line of Etiwanda Avenue, fifty (50) foot
half-width, as described in the Easement Deed recorded February 16, 1988 as Document No. 88-046978 of Official
Records of said County, as both are shown on Sheet 5 of Record of Survey 19-0109 filed in Book 168, Pages 53
through 63 of Record of Surveys, records of said County;
Thence 1st, along the north line of said Parcel B, S 89°36’54” E, a distance of 402.05 feet;
Thence 2nd, leaving said north line, S 00°23’06” W, a distance of 10.00 feet to a line parallel with, and lying
10.00 feet south of, said north line of Parcel B;
Thence 3rd, along said parallel line, N 89°36’54” W, distance of 392.00 feet to a line parallel with, and lying
10.00 feet east of, said east line of Etiwanda Avenue;
Thence 4th, along last said parallel line, S 00°07’00” W, distance of 99.06 feet;
Thence 5th, leaving last said parallel line, N 89°53’00” W, a distance of 10.00 feet to said east line of
Etiwanda Avenue;
Thence 6th, along said east line, N 00°07’00” E, a distance of 109.11 feet to the Point of Beginning.
Containing 5,011 square feet, more or less.
Notes
·The above legal description is based on the dimensions, information, and land references shown on
Record of Survey 19-0109 filed in Book 168, Pages 53 through 63 of Record of Surveys.
· Bearings and distances are referenced to the California Coordinate System, Zone 5 grid, NAD83(2011)
CSRS Epoch 2017.50. To obtain ground level distances, multiply grid distances by 1.000060364.
This description has been prepared by me, or under my direction, in conformance with the Professional Land
Surveyors Act.
__________________________________________
Justin P. Height, PLS 6167 Date
Resolution No. 2022-011 - Page 7 of 10 Page 324
EXHIBIT B EXHIBIT B
Resolution No. 2022-011 - Page 8 of 10
Page 325
w ::> z w > <(
<( Cl z <(
�-
;
j
:
WHITTRAM _AVENUE
I / ----�
50' P J-\R C.EL J-\ DOC NOJ 2b9 FOR LLJ-\ DOCJ NOJ 88�048704 OR
POB
NORTH LINE OF PARCEL B COC NO. 269 FOR LLA DOC. NO. 88-048704 OR
TEMP. CONST. EASEMENT5,011 SQ. FT. 1-w (SEE PAGE 2)
PJ-\RC.EL 8
NOTES
PLAT MAP IS BASED ON THE INFORMATION AND LAND REFERENCES SHOWN ON RECORD OF SURVEY 19-0109 FILED IN BOOK 168, PAGES53 THROUGH 63 OF RECORD OF SURVEYS.
BEARINGS AND DISTANCES ARE REFERENCED TO THE CALIFORNIA COORDINATE SYSTEM, ZONE 5 GRID, NAD83(2011) CSRS EPOCH 2017.50. TO OBTAIN GROUND LEVEL DISTANCES, MULTIPLY GRID DISTANCES BY 1 .000060364.
DOC NOJ 2b9 FOR LLJ-\ DOCJ NOJ 88�048704 OR SCALE: 1 "= 100' cjr1
I..________ EAST LINE OF ETIWANDA AVE
50' �PER EASEMENT DEED DOC. NO. 88-046978 OR
SBCTA RAIL CORRIDOR
�
GUIDA THIS PLAT HAS BEEN PREPARED BY ME, OR UNDER MY Dl�!ION, IN CONFORMANCE WITH THE P�°{��\1�f LAND SURVEYORS ACT.
_____ SURVEYING INC. 10-04-2021
Job No. 0618-00016 Jones-Strack TCE.dwg �PLS 6167 DATE
Exhibit B
Plat Map
Etiwanda Grade Separation Project
APN 229-162-15 / Jones-Strack
Temporary Construction Easement
Page 1 of 2 Pages
Resolution No. 2022-011 - Page 6 of 10 Resolution No. 2022-011 - Page 6 of 10 Resolution No. 2022-011 - Page 9 of 10 Page 326
POB
w => z w
<(
<( Cl � z
<( 0 3,: I-w
w 0
0 z
----l �10.00'
-----
\_ N89"53"00"W
10.00'
GUIDA
SURVEYING INC.
EAST LINE OF ETIWANDA AVE
PER EASEMENT DEED
DOC. NO. 88-046978 OR
10.00'
PARC.EL 8
CDC N0a 2b9 FOR LLA
D0Ca N0a 88�048704 OR
Job No. 0618-00016 Jones-Strack TCE.dwg SCALE: 1 "=50'
NORTH LINE OF PARCEL B
COC NO. 269 FOR LLA
DOC. NO. 88-048704 OR
TEMPORARY CONSTRUCTION EASEMENT 5,011 SQ. FT.
soo·23•05••
w)
10.00'
Exhibit B
Plat Map
Etiwanda Grade Separation Project
APN 229-162-15 / Jones-Strack
Temporary Construction Easement
Page 2 of 2 Pages Resolution No. 2022-011 - Page 10 of 10 Page 327
Resolution No. 2022-012 - Page 1 of 12
RESOLUTION NO. 2022-012
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY
INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE
ACQUISITION THEREOF IN CONNECTION WITH THE ETIWANDA GRADE
SEPARATION PROJECT (TWO TEMPORARY CONSTRUCTION EASEMENTS
OVER A PORTION OF APNS 0229-131-30 & 31)
WHEREAS, the City of Rancho Cucamonga (“City”) is a municipal corporation in the
County of San Bernardino, State of California; and
WHEREAS, the City seeks to construct the Etiwanda Grade Separation Project (“Project”).
The Project requires the acquisition of additional right of way for grade separation. The
Project involves the widening and construction of Etiwanda Avenue as a four-lane grade
separated roadway over the Southern California Regional Rail Authority (“SCRRA”)/Burlington
Northern and Santa Fe Railroad (“BNSF”) San Gabriel subdivision, currently a two-lane at-grade
crossing. The Project will construct an overhead crossing, utilizing walls and embankments to
support the raised approaching roadway. It will span the railroad right-of-way and provide access
to adjacent properties. The Project will widen Etiwanda Avenue to four traffic lanes including a
painted median/left turn lane with bike lanes and sidewalks on each side and a northbound right
turn lane onto Whittram Avenue. When completed in 2024, the Project will reduce vehicle and
truck delays, as well as queuing. It will improve mobility, safety, and level of service at the
crossing, and it will provide for the safe transit of pedestrians, bicyclists, vehicles, trucks, and
trains. Furthermore, the Project will provide for improved response times in the area for first
responders such as police officers, firefighters, paramedics, and emergency medical technicians.
All work is consistent with the City’s General Plan of Circulation. The Plans for the Project are on
file with the Engineering Services Department and are incorporated herein by this reference; and
WHEREAS, the environmental effects of the Project were studied and analyzed pursuant
to the California Environmental Quality Act (“CEQA”), Public Resources Code Section 21000 et
seq., and the CEQA Guidelines, 14 Cal. Code Regs. Section 15000 et seq. (“CEQA Guidelines”).
City Staff determined that the Project was statutorily exempt pursuant to CEQA Article 18.
Statutory Exemptions, Section 15282. Other Statutory Exemptions, paragraph (g) as a railroad
grade separation project which eliminates and existing grade crossing or reconstructs an existing
grade separation. The City Council approved the Notice of Exemption and authorized Staff to file
the Notice of Exemption with the Office of Planning and Research and the County clerk as
specified in Section 21080.13(2) of the Public Resources Code. Said Notice of Exemption was
filed with the Office of Planning and Research and with the County of San Bernardino on or about
June 11, 2018 in accordance with the statutory requirements; and
WHEREAS, in connection with the proposed Resolution of Necessity, on January 19,
2022, City Staff reviewed the environmental documentation prepared in connection with the
Project. Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of
the Public Resources Code, City Staff concluded that no substantial changes have occurred in
the Project, no substantial changes have occurred in the circumstances under which the Project
is undertaken, and that the City has obtained no new information of substantial importance that
would require further environmental analysis. These environmental findings are the appropriate
findings with respect to the proposed acquisition of the Subject Property Interests.
ATTACHMENT 5Page328
Resolution No. 2022-012 - Page 2 of 12
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho
Cucamonga as follows:
SECTION 1. The Rancho Cucamonga City Council adopts Resolution No. 2022-012, A
Resolution of the City Council of the City of Rancho Cucamonga, California, Declaring Certain
Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof
in Connection with the Etiwanda Grade Separation Project (Two temporary construction
easements on portions of APNs 0229-131-30 & 31).
SECTION 2. The City seeks to acquire by eminent domain the real property interest
described below in Section 3 of this Resolution for public use, namely grade separation and
related purposes, and all uses necessary or convenient thereto in connection with the Etiwanda
Grade Separation Project pursuant to the authority conferred on the City of Rancho Cucamonga
to acquire real property by eminent domain by Section 19 of Article 1 of the California Constitution,
Government Code Sections 37350, 37350.5, 37351, 40401, and 40404, California Code of Civil
Procedure Section 1230.010 et seq. (Eminent Domain Law), including but not limited to Sections
1240.010, 1240.020, 1240.110, 1240.120, 1240.150, 1240.510, 1240.610, 1240.650, and by
other provisions of law.
SECTION 3. The City seeks to acquire two temporary construction easements, each with
a term of 30 months, consisting of approximately 1,254 square feet and approximately 4,024
square feet over portions of the real property located at 12521 Arrow Route and 8688 Etiwanda
Avenue, Rancho Cucamonga, California, and further identified as San Bernardino County Tax
Assessor’s Parcel Numbers 0229-131-30 and 0229-131-31 in connection with the Project. The
two easements are collectively referred to herein as “Subject Property Interest,” and APNs 0229-
131-30 & 31 are collectively referred to herein as “Goodman Rancho Parcel.” The Subject
Property Interest is described more particularly in Exhibit “A” and depicted on Exhibit “B”, which
are attached hereto and incorporated herein by this reference.
SECTION 4. The environmental effects of the acquisition of the Subject Property Interest
were studied as an integral part of the environmental review for the Project. In connection with
the proposed Resolution of Necessity, on January 19, 2022, City Staff reviewed the environmental
documentation prepared in connection with the Project. Pursuant to the criteria of Section 15162
of the CEQA Guidelines and Section 21166 of the Public Resources Code, City staff concluded
that no substantial changes have occurred in the Project, no substantial changes have occurred
in the circumstances under which the Project is undertaken, and that the City has obtained no
new information of substantial importance that would require further environmental analysis.
These environmental findings are the appropriate findings with respect to the proposed acquisition
of the Subject Property Interest.
SECTION 5. The Project, as planned and designed, is in the public interest and necessity
and is needed to improve vehicle and rail safety, traffic mobility, and surface transportation, as
more fully explained below:
A. The Project requires the acquisition of additional right of way for grade
separation. The Project involves the widening and construction of Etiwanda Avenue as a four-
lane grade separated roadway over the SCRRA/BNSF San Gabriel subdivision, currently a two-
lane at-grade crossing. The Project will construct an overhead crossing, utilizing walls and
embankments to support the raised approaching roadway. It will span the railroad right-of-way
and provide access to adjacent properties. The Project will widen Etiwanda Avenue to four traffic
lanes including a painted median/left turn lane with bike lanes and sidewalks on each side and a
Page 329
Resolution No. 2022-012 - Page 3 of 12
northbound right turn lane onto Whittram Avenue. When completed in 2024, the Project will
reduce vehicle and truck delays, as well as queuing. It will improve mobility, safety, and level of
service at the crossing, and it will provide for the safe transit of pedestrians, bicyclists, vehicles,
trucks, and trains. Furthermore, the Project will provide for improved response times in the area
for first responders such as police officers, firefighters, paramedics, and emergency medical
technicians. All work is consistent with the City’s General Plan of Circulation.
B. The Project will reduce vehicle and truck delays, improve safety and level
of service at the crossing, and it will provide for the safe transit of pedestrians, bicyclists, vehicles,
trucks, and trains. Additionally, the Project will provide for improved response times in the area
for first responders such as police officers, firefighters, paramedics, and emergency medical
technicians. Accordingly, the Project will benefit the residents and businesses of the City and the
community as a whole.
C. The Project, as planned and designed, is consistent with the Circulation
Element of the General Plan, which designated Etiwanda Avenue as a four-lane major arterial
road. Anticipating the future growth of the SCRRA/BNSF corridor, the City’s General Plan
identified this area to be grade separated. The City seeks to acquire the Subject Property Interest
for public use, namely grade separation and related purposes, and all uses necessary or
convenient thereto in connection with the Project. The City seeks to construct the Project to
improve mobility, safety, and level of service at the crossing.
D. The Project was planned and located to minimize the impact on the
adjacent properties. Because of its scope, the Project requires the acquisition of several
permanent easements and temporary construction easements over portions of 10 larger parcels,
as well as fee interests in two parcels owned by private property owners. The construction of the
Project will require some business/residential relocations. The City will coordinate the
construction with the owner of the Subject Property Interest to minimize the impact of the Project
on the parcel. Based on the timing of the Project, it is necessary that the City consider the
acquisition by eminent domain of the required Subject Property Interest.
SECTION 6.
A. Pursuant to Government Code Section 7260 et seq., the City of Rancho
Cucamonga obtained a fair market value appraisal of the Goodman Rancho Parcel, the
approximate 1,254 square foot and 4,024 square foot temporary construction easements the City
seeks to acquire for a period of 30 months for public use, namely grade separation and related
purposes, and all uses necessary or convenient thereto.
B. The City set just compensation in accordance with the appraised fair
market value, and extended a written offer on October 26, 2021 to Goodman Rancho SPE LLC,
the owner of record. The fair market value appraisal used a date of value of October 14, 2021.
C. The City’s written offer included an informational pamphlet describing the
eminent domain process and the record owner’s rights under the Eminent Domain Law. In
accordance with Government Code Section 7267.2, the City’s written offer contained a written
statement of, and summary of the basis for, the amount it established as just compensation. The
offer set forth the date of value utilized by the appraiser and explained the appraiser’s opinion of
the highest and best use of the larger parcel. It explained the applicable zoning designation of
the larger parcel. The City’s offer also summarized the principal transactions relied on by the
appraiser to arrive at the appraiser’s opinion of value. In addition, the written offer explained the
Page 330
Resolution No. 2022-012 - Page 4 of 12
appraiser’s valuation analysis, including severance damages. It included the City’s comparable
market data relied on by the appraiser. Further, the City offered, pursuant to Code of Civil
Procedure Section 1263.025, to pay the record owner the reasonable costs, up to $5,000.00, for
an independent appraisal of the approximate 1,254 square foot and 4,024 square foot temporary
construction easement areas.
SECTION 7. The City provided written notice to the owner of record, pursuant to Code
of Civil Procedure section 1245.235 of the City Council’s intent to consider the adoption of a
Resolution of Necessity for the acquisition of the Subject Property Interest by eminent domain.
SECTION 8. The public use for which the City seeks to acquire the Subject Property
Interest, namely grade separation and related purposes, and all uses necessary or convenient
thereto, will not unreasonably interfere with or impair the continuance of the public use to which
any easement holders may have appropriated the area (Code of Civil Procedure Section
1240.510). Further, the Project may require the relocation of several utilities to the new right-of-
way area. The public use for which the City seeks to acquire the Subject Property Interest, namely
grade separation and related purposes, and all uses necessary or convenient thereto, is a more
necessary public use within the meaning of Code of Civil Procedure Section 1240.650 than the
uses to which public utility easement holders have appropriated any utility easements located on
or within the area of the Subject Property Interest that are affected by the Project. Accordingly,
the City is authorized to acquire the Subject Property Interest pursuant to Code of Civil Procedure
Sections 1240.510, 1240.610, and 1240.650.
SECTION 9. Based on the evidence presented at the hearing regarding the Project,
including the Agenda Report and documents referenced therein and any oral and written
testimony at the hearing, the City Council hereby finds and determines that:
A. The public interest and necessity require the Project;
B. The Project is planned and located in the manner that will be most
compatible with the greatest public good and the least private injury;
C. The Subject Property Interest described more particularly in Exhibit “A” and
depicted on Exhibit “B” hereto, is necessary for the Project; and
D. The City has made the offer required by Government Code Section 7267.2
to the record owner of the Subject Property Interest the City seeks to acquire.
SECTION 10. The findings and declarations contained in this Resolution are based upon
the record before the City Council, including the Agenda Report and all documents referenced
therein, all of which are incorporated herein by this reference, and any testimony and/or
comments submitted to the City by the record owner and or the owner’s representative(s). These
documents include, but are not limited to the City of Rancho Cucamonga’s General Plan, the offer
letter sent to the owner pursuant to Government Code Section 7267.2, the notice to the record
owner pursuant to Code of Civil Procedure Section 1245.235 of the City’s intent to consider the
adoption of the Resolution of Necessity, Grade Separation Plans for the Project, and the Notice
of Exemption for the Project.
SECTION 11. The City Council of the City of Rancho Cucamonga hereby authorizes and
directs the City Attorney’s Office to take all steps necessary to commence and prosecute legal
proceedings in a court of competent jurisdiction to acquire the approximate 1,254 square foot and
Page 331
Resolution No. 2022-012 - Page 5 of 12
4,024 temporary construction easements for a period of 30 months for the Project. The Subject
Property Interest is described more particularly on Exhibit “A” and depicted on Exhibit “B” hereto.
SECTION 12. The City Council of the City of Rancho Cucamonga hereby authorizes the
City Manager to execute all necessary documents in connection with the eminent domain
proceeding.
SECTION 13. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 19th day of January, 2022.
________________________
L. Dennis Michael, Mayor
City of Rancho Cucamonga
ATTEST:
Janice C. Reynolds, City Clerk
City of Rancho Cucamonga
APPROVED AS TO FORM:
Nicholas R. Ghirelli, City Attorney
Richards, Watson & Gershon
CERTIFICATION:
I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, California, do hereby certify
that the foregoing Resolution No. 2022-012, was duly adopted by the City Council of the City of
Rancho Cucamonga, California, at a regular meeting thereof held on the 19th day of January,
2022, by the following vote, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________
Janice C. Reynolds, City Clerk
City of Rancho Cucamonga, California
Page 332
EXHIBIT A EXHIBIT A
Resolution No. 2022-012 - Page 6 of 12
Page 333
Exhibit A
Legal Description
Etiwanda Grade Separation Project
APN 229-131-31 / Goodman
Temporary Construction Easements
Page 1 of 2 Pages
Those portions of Parcel 2 of Parcel Map No. 19448, in the City of Rancho Cucamonga, County of San Bernardino,
State of California, as shown on the map filed in Book 242, Pages 56 through 60 of Parcel Maps, records of said
County, described as follows:
TCE1
Commencing at the southeast corner of the temporary construction easement described in the grant of temporary
construction easement recorded May 18, 2015 as Document No. 2015-0203908 of Official Records of said County,
being a point on the west right of way of Etiwanda Avenue, fifty (50) foot half-width, as described in the Grant of
Easement recorded April 3, 1995 as Document No. 95-101283 of Official Records of said County;
Thence, along the south line of said temporary construction easement, being also the south line of said Parcel 2,
South 89Y53'57" West, a distance of 141.60 feet to the southwest corner of said temporary construction
easement;
Thence, along the west line of said temporary construction easement, North 00107'00" East, a distance of 43.60
feet to the True Point of Beginning, being the beginning of a non-tangent curve to the right, concave northerly, the
radial center of which bears North 16107'54" West, a distance of 475.00 feet;
Thence 15t, leaving said west line, westerly along said curve, through a central angle of 01)37'48", an arc
distance of 16.28 feet;
Thence 2nd, North 13115'08" West, distance of 53.26 feet to the beginning of a non-tangent curve to the
left, concave northerly, the radial center of which bears North 111219'58" West, a distance of 175.00 feet;
Thence 3rd, easterly along said curve, through a central angle of 07107'02", an arc distance of 21.74 feet;
Thence 4th, North 00)36'05" West, distance of 8.00 feet;
Thence 5th, South 89Y54'08" East, distance of 7.18 feet to the west line of said temporary construction
easement;
Thence 6th, along said west line, South 00107'00" West, distance of 61.34 feet to the True Point of
Beginning.
Containing 1,254 square feet, more or less.
TCE2
Commencing at the southeast corner of the temporary construction easement described in the grant of temporary
construction easement recorded May 18, 2015 as Document No. 2015-0203908 of Official Records of said County,
being a point on the west right of way of Etiwanda Avenue, 50 feet wide, as described in the Grant of Easement
recorded April 3, 1995 as Document No. 95-101283 of Official Records of said County;
Thence, along the south line of said temporary construction easement, being also the south line of said Parcel 2,
South 89Y53'57" West, a distance of 141.60 feet to the southwest corner of said temporary construction
easement;
Job No. 0618-00016
Goodman TCE.docx
:••••• GUIDA • • ••• • • ...... SURVEYING INC.
Exhibit A
Legal Description
Etiwanda Grade Separation Project
APN 229-131-31 / Goodman
Temporary Construction Easements
Page 1 of 2 Pages
Job No. 0618-00016
Goodman TCE.docx
Those portions of Parcel 2 of Parcel Map No. 19448, in the City of Rancho Cucamonga, County of San Bernardino,
State of California, as shown on the map filed in Book 242, Pages 56 through 60 of Parcel Maps, records of said
County, described as follows:
TCE1
Commencing at the southeast corner of the temporary construction easement described in the grant of temporary
construction easement recorded May 18, 2015 as Document No. 2015-0203908 of Official Records of said County,
being a point on the west right of way of Etiwanda Avenue, fifty (50) foot half-width, as described in the Grant of
Easement recorded April 3, 1995 as Document No. 95-101283 of Official Records of said County;
Thence, along the south line of said temporary construction easement, being also the south line of said Parcel 2,
South 89°53’57” West, a distance of 141.60 feet to the southwest corner of said temporary construction
easement;
Thence, along the west line of said temporary construction easement, North 00°07’00” East, a distance of 43.60
feet to the True Point of Beginning, being the beginning of a non-tangent curve to the right, concave northerly, the
radial center of which bears North 16°07'54" West, a distance of 475.00 feet;
Thence 1st, leaving said west line, westerly along said curve, through a central angle of 01°57’48”, an arc
distance of 16.28 feet;
Thence 2nd, North 13°15'08" West, distance of 53.26 feet to the beginning of a non-tangent curve to the
left, concave northerly, the radial center of which bears North 11°49'58" West, a distance of 175.00 feet;
Thence 3rd, easterly along said curve, through a central angle of 07°07’02”, an arc distance of 21.74 feet;
Thence 4th, North 00°36'05" West, distance of 8.00 feet;
Thence 5th, South 89°54'08" East, distance of 7.18 feet to the west line of said temporary construction
easement;
Thence 6th, along said west line, South 00°07'00" West, distance of 61.34 feet to the True Point of
Beginning.
Containing 1,254 square feet, more or less.
TCE2
Commencing at the southeast corner of the temporary construction easement described in the grant of temporary
construction easement recorded May 18, 2015 as Document No. 2015-0203908 of Official Records of said County,
being a point on the west right of way of Etiwanda Avenue, 50 feet wide, as described in the Grant of Easement
recorded April 3, 1995 as Document No. 95-101283 of Official Records of said County;
Thence, along the south line of said temporary construction easement, being also the south line of said Parcel 2,
South 89°53’57” West, a distance of 141.60 feet to the southwest corner of said temporary construction
easement;
Resolution No. 2022-012 - Page 7 of 12
Page 334
Exhibit A
Legal Description
Etiwanda Grade Separation Project
APN 229-131-31 / Goodman
Temporary Construction Easements
Page 2 of 2 Pages
Thence, along the west line of said temporary construction easement, North 00107'00" East, a distance of 170.90
feet to the northwest corner of said temporary construction easement, being the True Point of Beginning;
Thence 15t, along the northerly prolongation of last said west line, North 00107'00" East, a distance of 2.14
feet;
Thence 2nd, North 89133'57" East, distance of 74.61 feet;
Thence 3rd, North 50150'20" East, distance of 55.55 feet;
Thence 4th, North 12108'58" East, distance of 76.75 feet;
Thence 5th, North 01137'46" East, distance of 186.11 feet;
Thence 6th, North 89134'37" East, distance of 2.00 feet to said west right of way of Etiwanda Avenue;
Thence 7th, along said west right of way, South 00107'00" West, distance of 298.14 feet to the northeast
corner of said temporary construction easement;
Thence 8th, along the north line of said temporary construction easement, South 89153'57" West, a
distance of 141.60 feet to the True Point of Beginning.
Containing 4,024 square feet, more or less.
Notes
The above legal description is based on the dimensions, information, and land references shown on
Record of Survey 19-0109 filed in Book 168, Pages 53 through 63 of Record of Surveys.
( Bearings and distances are referenced to the California Coordinate System, Zone 5 grid, NAD83(2011)
CSRS Epoch 2017.50. To obtain ground level distances, multiply grid distances by 1.000060364.
This description been. repared by me, or under my direction, in conformance with the Professional Land
\\
Surveyors Act.
10-04-2021
Justin P. Height, LS 6167 Date
Job No. 0618-00016
Goodman TCE.docx
:••••• GUIDA • • ••• • • SURVEYING INC.
Exhibit A
Legal Description
Etiwanda Grade Separation Project
APN 229-131-31 / Goodman
Temporary Construction Easements
Page 2 of 2 Pages
Job No. 0618-00016
Goodman TCE.docx
10-04-2021
Thence, along the west line of said temporary construction easement, North 00°07’00” East, a distance of 170.90
feet to the northwest corner of said temporary construction easement, being the True Point of Beginning;
Thence 1st, along the northerly prolongation of last said west line, North 00°07'00" East, a distance of 2.14
feet;
Thence 2nd, North 89°53'57" East, distance of 74.61 feet;
Thence 3rd, North 50°50'20" East, distance of 55.55 feet;
Thence 4th, North 12°08'58" East, distance of 76.75 feet;
Thence 5th, North 01°57'46" East, distance of 186.11 feet;
Thence 6th, North 89°34'37" East, distance of 2.00 feet to said west right of way of Etiwanda Avenue;
Thence 7th, along said west right of way, South 00°07'00" West, distance of 298.14 feet to the northeast
corner of said temporary construction easement;
Thence 8th, along the north line of said temporary construction easement, South 89°53'57" West, a
distance of 141.60 feet to the True Point of Beginning.
Containing 4,024 square feet, more or less.
Notes
·The above legal description is based on the dimensions, information, and land references shown on
Record of Survey 19-0109 filed in Book 168, Pages 53 through 63 of Record of Surveys.
· Bearings and distances are referenced to the California Coordinate System, Zone 5 grid, NAD83(2011)
CSRS Epoch 2017.50. To obtain ground level distances, multiply grid distances by 1.000060364.
This description has been prepared by me, or under my direction, in conformance with the Professional Land
Surveyors Act.
__________________________________________
Justin P. Height, PLS 6167 Date
Resolution No. 2022-012 - Page 8 of 12
Page 335
EXHIBIT B EXHIBIT B
Resolution No. 2022-012 - Page 9 of 12
Page 336
er: 0
u' f'1) 0 ,tom �o� 0 f'1) lf) I _]JO � LL] CT) J ,O O � CO er: 0 � " � f\l o 0::: u., f\l 1
� 0 -10-1 :z:f'1) u' 0f\l 0CT' Cl
SOUTH LINE OF PARCEL 2
TCE1
TRUE POINT____,_ <).. OF BEGINNING <'. 0' TCE 1 '\ ,:}' �0 (to
r-Oi v ,,.� <::P ./:.J ov ?.:/ \
•),,C)
TEMP. CONST. EASEMENT 1,254 SQ. FT.
(SEE PAGE 2)
_TRUE POINT
OF BEGINNING
TCE2
TCE2
PARCEL 2 PARCEL MAP NO. 19448 PM8 242/Sb-bO
TEMP. CONST. EASEMENT 4,024 SQ. FT.
(SEE PAGE 3)
..j::,. 0
0) 0
POINT OF
COMMENCEMENT
TCE1 & TCE2 (Jl 0
WEST ROW OF ETIWANDA
AVE. PER 95-101283 OR (Jl 0
---------<t:----ETIWANDA AVENUE--N;TES -----------<t:------
SCALE: 1 "=80'
GUIDA
_____ SURVEYING INC.
Job No. 0618-00016 Goodman TCE.dwg
TIN P. HEI
NO. 6167
PLAT MAP IS BASED ON THE INFORMATION AND LAND
REFERENCES SHOWN ON RECORD OF SURVEY 19-0109 FILED
IN BOOK 168, PAGES 53 THROUGH 63 OF RECORD OF
SURVEYS.
BEARINGS AND DISTANCES ARE REFERENCED TO THE
CALIFORNIA COORDINATE SYSTEM, ZONE 5 GRID, NAD83(2011)
CSRS EPOCH 2017.50. TO OBTAIN GROUND LEVEL DISTANCES,
MULTIPLY GRID DISTANCES BY 1.000060364.
THIS PLAT HAS BEEN PREPARED BY ME, OR
UNDER M,.Y DIRECTION, IN CONFORMANCE WITH
T�E,.,_RR.OF'ESSIONAL LAND SURVEYORS ACT.
10-04-2021
IGHT, PLS 61 67 DATE
Exhibit B
Plat Map
Etiwanda Grade Separation Project
APN 229-131-31 / Goodman
Temporary Construction Easements
Page 1 of 3 Pages Resolution No. 2022-012 - Page 10 of 12 Page 337
COURSE TABLE
L1 S89°53'57"W 141.60' [TIE]
L2 N 00°07'00"E 43.60' [TIE]
C1 R=475.00 D=01°57'48" L=16.28'
L3 N13°15'08"W 53.26'
C2 R=175.00' D=07°07'02" L=21.74'
L4 N 00°36'05"W 8.00'
L5 S89°54'08"E 7.18'
L6 S00°07'00"W 61.34'
Cl
L2F TI El
POC
i /—TCE1
TPOB
TCE1
0
L6
TCE1
TEMP. CONST. EASEMENT
1,254 SQ. FT.
'8"1\1-- \,\ A °49'5_—
RFD \ iN‘".
02
L4
L5
SCALE: 1"=.20'
PAROL'L 2
PAROL'L, MAP NO, J9442
PMA 242/56-60
-FOE',
DOO NO 2015-02039'08 0.H
WEST ROW OF ETIWANDA AVE._7 -
PER 95-101283 OR
IMP G U I DA ..... ......
.1 .1 .1 SURVEYING INC.
Job No. 0618-00016 Goodman TCE.dwg
ETIWANDA AVENUE Exhibit B
Plat Map
Etiwanda Grade Separation Project
APN 229-131-31 / Goodman
Temporary Construction Easements
Page 2 of 3 Pages Resolution No. 2022-012 - Page 11 of 12 Page 338
...---_J
L2
[TIE]
--------1-
0
0
0C\l
LLl? 2 lf)I �
0 C\l
0
0
TPOB TCE2
L3
-.;J-_J
■■GUIDA
SURVEYING INC.
Job No. 0618-00016 Goodman TCE.dwg
TCE2
SCALE: 1 "=40'
PARCE'.L 2 PARCE'.L MAP NO. 19448 PM8 242/Sb�bo
TEMP. CONST. EASEMENT 4,024 SQ. FT.
COURSE TABLE
L1 S89"53'57"W
L2 N00"07'00"E
L3 Noo·o7•oo"E
L4 N89"53'57"E
LS N50"50'20"E
L6 N12"08'58"E
L7 N01"57'46"E
L8 N89"34'37"E
L9 soo·o7•oo"w
L 10 S89"53'57"W
141.60' [TIE]
170. 90' [TIE]
2.14'
74.61'
55.55'
76.75'
186.11'
2.00'
298.14'
141.60'
L8
L9 WEST ROW OF ETIWANDA /AVE. PER 95-101283 OR
ETIWANDA AVENUE
Exhibit B
Plat Map
Etiwanda Grade Separation Project
APN 229-131-31 / Goodman
Temporary Construction Easements
Page 3 of 3 Pages Resolution No. 2022-012 - Page 12 of 12 Page 339
Resolution No. 2022-013 - Page 1 of 13
RESOLUTION NO. 2022-013
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY
INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE
ACQUISITION THEREOF IN CONNECTION WITH THE ETIWANDA GRADE
SEPARATION PROJECT (TWO PERMANENT EASEMENTS AND A
TEMPORARY CONSTRUCTION EASEMENT OVER A PORTION OF APN 0229-
283-79)
WHEREAS, the City of Rancho Cucamonga (“City”) is a municipal corporation in the
County of San Bernardino, State of California; and
WHEREAS, the City seeks to construct the Etiwanda Grade Separation Project (“Project”).
The Project requires the acquisition of additional right of way for grade separation. The
Project involves the widening and construction of Etiwanda Avenue as a four-lane grade
separated roadway over the Southern California Regional Rail Authority (“SCRRA”)/Burlington
Northern and Santa Fe Railroad (“BNSF”) San Gabriel subdivision, currently a two-lane at-grade
crossing. The Project will construct an overhead crossing, utilizing walls and embankments to
support the raised approaching roadway. It will span the railroad right-of-way and provide access
to adjacent properties. The Project will widen Etiwanda Avenue to four traffic lanes including a
painted median/left turn lane with bike lanes and sidewalks on each side and a northbound right
turn lane onto Whittram Avenue. When completed in 2024, the Project will reduce vehicle and
truck delays, as well as queuing. It will improve mobility, safety, and level of service at the
crossing, and it will provide for the safe transit of pedestrians, bicyclists, vehicles, trucks, and
trains. Furthermore, the Project will provide for improved response times in the area for first
responders such as police officers, firefighters, paramedics, and emergency medical technicians.
All work is consistent with the City’s General Plan of Circulation. The Plans for the Project are on
file with the Engineering Services Department and are incorporated herein by this reference; and
WHEREAS, the environmental effects of the Project were studied and analyzed pursuant
to the California Environmental Quality Act (“CEQA”), Public Resources Code Section 21000 et
seq., and the CEQA Guidelines, 14 Cal. Code Regs. Section 15000 et seq. (“CEQA Guidelines”).
City Staff determined that the Project was statutorily exempt pursuant to CEQA Article 18.
Statutory Exemptions, Section 15282. Other Statutory Exemptions, paragraph (g) as a railroad
grade separation project which eliminates and existing grade crossing or reconstructs an existing
grade separation. The City Council approved the Notice of Exemption and authorized Staff to file
the Notice of Exemption with the Office of Planning and Research and the County clerk as
specified in Section 21080.13(2) of the Public Resources Code. Said Notice of Exemption was
filed with the Office of Planning and Research and with the County of San Bernardino on or about
June 11, 2018 in accordance with the statutory requirements; and
WHEREAS, in connection with the proposed Resolution of Necessity, on January 19,
2022, City Staff reviewed the environmental documentation prepared in connection with the
Project. Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of
the Public Resources Code, City Staff concluded that no substantial changes have occurred in
the Project, no substantial changes have occurred in the circumstances under which the Project
is undertaken, and that the City has obtained no new information of substantial importance that
would require further environmental analysis. These environmental findings are the appropriate
findings with respect to the proposed acquisition of the Subject Property Interests.
ATTACHMENT 6Page340
Resolution No. 2022-013 - Page 2 of 13
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho
Cucamonga as follows:
SECTION 1. The Rancho Cucamonga City Council adopts Resolution No. 2022-013, A
Resolution of the City Council of the City of Rancho Cucamonga, California, Declaring Certain
Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof
in Connection with the Etiwanda Grade Separation Project (two permanent easements and a
temporary construction easement on portions of APN 0229-283-79).
SECTION 2. The City seeks to acquire by eminent domain the real property interest
described below in Section 3 of this Resolution for public use, namely grade separation and
related purposes, and all uses necessary or convenient thereto in connection with the Etiwanda
Grade Separation Project pursuant to the authority conferred on the City of Rancho Cucamonga
to acquire real property by eminent domain by Section 19 of Article 1 of the California Constitution,
Government Code Sections 37350, 37350.5, 37351, 40401, and 40404, California Code of Civil
Procedure Section 1230.010 et seq. (Eminent Domain Law), including but not limited to Sections
1240.010, 1240.020, 1240.110, 1240.120, 1240.150, 1240.510, 1240.610, 1240.650, and by
other provisions of law.
SECTION 3. The City seeks to acquire an approximate 401 square foot permanent
easement, an approximate 14,801 square foot permanent easement, and an approximate 7,936
square foot temporary construction easement with a term of 30 months over portions of the real
property located at 8996 Etiwanda Avenue, Rancho Cucamonga, California, and further identified
as San Bernardino County Tax Assessor’s Parcel Number 0229-283-79 in connection with the
Project. The two permanent easements and the temporary construction easement are collectively
referred to herein as “Subject Property Interest,” and APN 0229-283-79 is referred to herein as
“BTC III Parcel.” The Subject Property Interest is described more particularly in Exhibit “A” and
depicted on Exhibit “B”, which are attached hereto and incorporated herein by this reference.
SECTION 4. The environmental effects of the acquisition of the Subject Property Interest
were studied as an integral part of the environmental review for the Project. In connection with
the proposed Resolution of Necessity, on January 19, 2022, City Staff reviewed the environmental
documentation prepared in connection with the Project. Pursuant to the criteria of Section 15162
of the CEQA Guidelines and Section 21166 of the Public Resources Code, City staff concluded
that no substantial changes have occurred in the Project, no substantial changes have occurred
in the circumstances under which the Project is undertaken, and that the City has obtained no
new information of substantial importance that would require further environmental analysis.
These environmental findings are the appropriate findings with respect to the proposed acquisition
of the Subject Property Interest.
SECTION 5. The Project, as planned and designed, is in the public interest and necessity
and is needed to improve vehicle and rail safety, traffic mobility, and surface transportation, as
more fully explained below:
A.The Project requires the acquisition of additional right of way for grade
separation. The Project involves the widening and construction of Etiwanda Avenue as a four-
lane grade separated roadway over the SCRRA/BNSF San Gabriel subdivision, currently a two-
lane at-grade crossing. The Project will construct an overhead crossing, utilizing walls and
embankments to support the raised approaching roadway. It will span the railroad right-of-way
and provide access to adjacent properties. The Project will widen Etiwanda Avenue to four traffic
lanes including a painted median/left turn lane with bike lanes and sidewalks on each side and a
Page 341
Resolution No. 2022-013 - Page 3 of 13
northbound right turn lane onto Whittram Avenue. When completed in 2024, the Project will
reduce vehicle and truck delays, as well as queuing. It will improve mobility, safety, and level of
service at the crossing, and it will provide for the safe transit of pedestrians, bicyclists, vehicles,
trucks, and trains. Furthermore, the Project will provide for improved response times in the area
for first responders such as police officers, firefighters, paramedics, and emergency medical
technicians. All work is consistent with the City’s General Plan of Circulation.
B.The Project will reduce vehicle and truck delays, improve safety and level
of service at the crossing, and it will provide for the safe transit of pedestrians, bicyclists, vehicles,
trucks, and trains. Additionally, the Project will provide for improved response times in the area
for first responders such as police officers, firefighters, paramedics, and emergency medical
technicians. Accordingly, the Project will benefit the residents and businesses of the City and the
community as a whole.
C.The Project, as planned and designed, is consistent with the Circulation
Element of the General Plan, which designated Etiwanda Avenue as a four-lane major arterial
road. Anticipating the future growth of the SCRRA/BNSF corridor, the City’s General Plan
identified this area to be grade separated. The City seeks to acquire the Subject Property Interest
for public use, namely grade separation and related purposes, and all uses necessary or
convenient thereto in connection with the Project. The City seeks to construct the Project to
improve mobility, safety, and level of service at the crossing.
D.The Project was planned and located to minimize the impact on the
adjacent properties. Because of its scope, the Project requires the acquisition of several
permanent easements and temporary construction easements over portions of 10 larger parcels,
as well as fee interests in two parcels owned by private property owners. The construction of the
Project will require some business/residential relocations. The City will coordinate the
construction with the owner of the Subject Property Interest to minimize the impact of the Project
on the parcel. Based on the timing of the Project, it is necessary that the City consider the
acquisition by eminent domain of the required Subject Property Interest.
SECTION 6.
A. Pursuant to Government Code Section 7260 et seq., the City of Rancho
Cucamonga obtained a fair market value appraisal of the BTC III Parcel, the approximate 401
square foot permanent easement, the approximate 14,801 square foot permanent easement, and
the approximate 7,936 square foot temporary construction easement with a term of 30 months
the City seeks to acquire for public use public use, namely grade separation and related purposes,
and all uses necessary or convenient thereto.
B.The City set just compensation in accordance with the appraised fair
market value, and extended a written offer on December 3, 2021 to BTC III Rancho Cucamonga
Logistics Center, LP, the owner of record. The fair market value appraisal used a date of value
of October 14, 2021.
C.The City’s written offer included an informational pamphlet describing the
eminent domain process and the record owner’s rights under the Eminent Domain Law. In
accordance with Government Code Section 7267.2, the City’s written offer contained a written
statement of, and summary of the basis for, the amount it established as just compensation. The
offer set forth the date of value utilized by the appraiser and explained the appraiser’s opinion of
the highest and best use of the larger parcel. It explained the applicable zoning designation of
Page 342
Resolution No. 2022-013 - Page 4 of 13
the larger parcel. The City’s offer also summarized the principal transactions relied on by the
appraiser to arrive at the appraiser’s opinion of value. In addition, the written offer explained the
appraiser’s valuation analysis, including severance damages. It included the City’s comparable
market data relied on by the appraiser. Further, the City offered, pursuant to Code of Civil
Procedure Section 1263.025, to pay the record owner the reasonable costs, up to $5,000.00, for
an independent appraisal of the approximate 401 square foot permanent easement area, the
approximate 14,801 square foot permanent easement area, and the approximate 7,936 square
foot temporary construction easement area.
SECTION 7. The City provided written notice to the owner of record, pursuant to Code
of Civil Procedure section 1245.235 of the City Council’s intent to consider the adoption of a
Resolution of Necessity for the acquisition of the Subject Property Interest by eminent domain.
SECTION 8. The public use for which the City seeks to acquire the Subject Property
Interest, namely grade separation and related purposes, and all uses necessary or convenient
thereto, will not unreasonably interfere with or impair the continuance of the public use to which
any easement holders may have appropriated the area (Code of Civil Procedure Section
1240.510). Further, the Project may require the relocation of several utilities to the new right-of-
way area. The public use for which the City seeks to acquire the Subject Property Interest, namely
grade separation and related purposes, and all uses necessary or convenient thereto, is a more
necessary public use within the meaning of Code of Civil Procedure Section 1240.650 than the
uses to which public utility easement holders have appropriated any utility easements located on
or within the area of the Subject Property Interest that are affected by the Project. Accordingly,
the City is authorized to acquire the Subject Property Interest pursuant to Code of Civil Procedure
Sections 1240.510, 1240.610, and 1240.650.
SECTION 9. Based on the evidence presented at the hearing regarding the Project,
including the Agenda Report and documents referenced therein and any oral and written
testimony at the hearing, the City Council hereby finds and determines that:
A.The public interest and necessity require the Project;
B.The Project is planned and located in the manner that will be most
compatible with the greatest public good and the least private injury;
C.The Subject Property Interest described more particularly in Exhibit “A” and
depicted on Exhibit “B” hereto, is necessary for the Project; and
D.The City has made the offer required by Government Code Section 7267.2
to the record owner of the Subject Property Interest the City seeks to acquire.
SECTION 10. The findings and declarations contained in this Resolution are based upon
the record before the City Council, including the Agenda Report and all documents referenced
therein, all of which are incorporated herein by this reference, and any testimony and/or
comments submitted to the City by the record owner and or the owner’s representative(s). These
documents include, but are not limited to the City of Rancho Cucamonga’s General Plan, the offer
letter sent to the owner pursuant to Government Code Section 7267.2, the notice to the record
owner pursuant to Code of Civil Procedure Section 1245.235 of the City’s intent to consider the
adoption of the Resolution of Necessity, Grade Separation Plans for the Project, and the Notice
of Exemption for the Project.
Page 343
Resolution No. 2022-013 - Page 5 of 13
SECTION 11. The City Council of the City of Rancho Cucamonga hereby authorizes and
directs the City Attorney’s Office to take all steps necessary to commence and prosecute legal
proceedings in a court of competent jurisdiction to acquire an approximate 401 square foot
permanent easement, the approximate 14,801 square foot permanent easement, and an
approximate 7,936 square foot temporary construction easement with a term of 30 months for the
Project. The Subject Property Interest is described more particularly on Exhibit “A” and depicted
on Exhibit “B” hereto.
SECTION 12. The City Council of the City of Rancho Cucamonga hereby authorizes the
City Manager to execute all necessary documents in connection with the eminent domain
proceeding.
SECTION 13. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 19th day of January, 2022.
________________________
L. Dennis Michael, Mayor
City of Rancho Cucamonga
ATTEST:
Janice C. Reynolds, City Clerk
City of Rancho Cucamonga
APPROVED AS TO FORM:
Nicholas R. Ghirelli, City Attorney
Richards, Watson & Gershon
CERTIFICATION:
I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, California, do hereby certify
that the foregoing Resolution No. 2022-013, was duly adopted by the City Council of the City of
Rancho Cucamonga, California, at a regular meeting thereof held on the 19th day of January,
2022, by the following vote, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________
Janice C. Reynolds, City Clerk
City of Rancho Cucamonga, California
Page 344
Exhibit A
Legal Description
Etiwanda Grade Separation Project
APN 229-283-79 / BTC III Rancho Cucamonga Logistics Center, LP
Permanent Road Easements
Page 1 of 2 Pages
Those portions of Parcel 7, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as
described in the Certificate of Compliance No. 405 for Lot Line Adjustment, recorded October 8, 1997 as Document
No. 19970371135 of Official Records, records of said County, described as follows:
Permanent Road Easement 1 (PRE1)
Commencing at the intersection of the north line of said Parcel 7 with the west line of Etiwanda Avenue, fifty (50)
foot half-width, as described in the Irrevocable Offer To Dedicate, recorded October 8, 1997 as Document No.
19970371136 of Official Records of said County, as both are shown on Sheet 10 of Record of Survey 19-0109 filed
in Book 168, Pages 53 through 63 of Record of Surveys, records of said County;
Thence, along said west line of Etiwanda Avenue, S 00°07'00" W, a distance of 41.95 feet to the True Point of
Beginning;
Thence 15t, continuing along said west line, S 00°07'00" W, a distance of 100.19 feet;
Thence 2nd, leaving said west line, N 90°00'00" W, a distance of 4.00 feet to a line parallel with, and lying
4.00 feet west of said west line of Etiwanda Avenue;
Thence 3rd, along said parallel line, N 00°07'00" E, a distance of 100.20 feet;
Thence 4th, leaving said parallel line, at right angles, S 89Y53'00" E, a distance of 4.00 feet to the True
Point of Beginning
Containing 401 square feet, more or less.
Permanent Road Easement 2 (PRE2)
Commencing at the intersection of the north line of said Parcel 7 with the west line of Etiwanda Avenue, fifty (50)
feet wide, as described in the Irrevocable Offer To Dedicate, recorded October 8, 1997 as Document No.
19970371136 of Official Records of said County, as both are shown on Sheet 10 of Record of Survey 19-0109 filed
in Book 168, Pages 53 through 63 of Record of Surveys, records of said County;
Thence, along said west line, S 00°07'00" W, a distance of 366.21 feet to its intersection with the line between
Sections 8 and 17, T1S, R6W, SBBM, said intersection being an angle point in said west line of Etiwanda Avenue;
Thence, continuing along said west line, S 00°17'46" W, a distance of 520.03 feet to the True Point of Beginning;
Thence 15t, continuing along said west line, S00°17'46"W, a distance of 32.03 feet to the north line of the
22' x 170' Road Easement described in the document recorded January 23, 1997 as Document No.
19970023099 of Official Records of said County;
Thence 2nd, along said north line, N 89°42'14" W, a distance of 2.00 feet to the northwest corner of said
Road Easement;
Thence 3rd, along the west line of said Road Easement, S 00°17'46" W, a distance of 169.99 feet to the
southwest corner thereof;
Job No. 0618-00016
BTC III Rancho Cucamonga Logistics Center, LP - PRE Exhibit A-1
:1111•,11 GuiDA• • •••
:Will■: SURVEYING INC.
Exhibit A
Legal Description
Etiwanda Grade Separation Project
APN 229-283-79 / RRI Energy
Permanent Road Easements
Page 1 of 2 Pages
Job No. 0618-00016
RRI Energy PRE.docx
Those portions of Parcel 7, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as
described in the Certificate of Compliance No. 405 for Lot Line Adjustment, recorded October 8, 1997 as Document
No. 19970371135 of Official Records, records of said County, described as follows:
Permanent Road Easement 1 (PRE1)
Commencing at the intersection of the north line of said Parcel 7 with the west line of Etiwanda Avenue, fifty (50)
foot half-width, as described in the Irrevocable Offer To Dedicate, recorded October 8, 1997 as Document No.
19970371136 of Official Records of said County, as both are shown on Sheet 10 of Record of Survey 19-0109 filed
in Book 168, Pages 53 through 63 of Record of Surveys, records of said County;
Thence, along said west line of Etiwanda Avenue, S 00°07'00" W, a distance of 41.95 feet to the True Point of
Beginning;
Thence 1st, continuing along said west line, S 00°07'00" W, a distance of 100.19 feet;
Thence 2nd, leaving said west line, N 90°00'00" W, a distance of 4.00 feet to a line parallel with, and lying
4.00 feet west of said west line of Etiwanda Avenue;
Thence 3rd, along said parallel line, N 00°07'00" E, a distance of 100.20 feet;
Thence 4th, leaving said parallel line, at right angles, S 89°53’00” E, a distance of 4.00 feet to the True
Point of Beginning
Containing 401 square feet, more or less.
Permanent Road Easement 2 (PRE2)
Commencing at the intersection of the north line of said Parcel 7 with the west line of Etiwanda Avenue, fifty (50)
feet wide, as described in the Irrevocable Offer To Dedicate, recorded October 8, 1997 as Document No.
19970371136 of Official Records of said County, as both are shown on Sheet 10 of Record of Survey 19-0109 filed
in Book 168, Pages 53 through 63 of Record of Surveys, records of said County;
Thence, along said west line, S 00°07'00" W, a distance of 366.21 feet to its intersection with the line between
Sections 8 and 17, T1S, R6W, SBBM, said intersection being an angle point in said west line of Etiwanda Avenue;
Thence, continuing along said west line, S 00°17'46" W, a distance of 520.03 feet to the True Point of Beginning;
Thence 1st, continuing along said west line, S00°17'46"W, a distance of 32.03 feet to the north line of the
22’ x 170’ Road Easement described in the document recorded January 23, 1997 as Document No.
19970023099 of Official Records of said County;
Thence 2nd, along said north line, N 89°42'14" W, a distance of 2.00 feet to the northwest corner of said
Road Easement;
Thence 3rd, along the west line of said Road Easement, S 00°17'46" W, a distance of 169.99 feet to the
southwest corner thereof;
APN 229-283-79 / BTC III Rancho Cucamonga Logistics Center, LP
Job No. 0618-00016
BTC III Rancho Cucamonga Logistics Center, LP - PRE Exhibit A-1
Resolution No. 2022-013 - Page 6 of 13
Page 345
Exhibit A
Legal Description
Etiwanda Grade Separation Project
APN 229-283-79 / BTC III Rancho Cucamonga Logistics Center, LP
Permanent Road Easements
Page 2 of 2 Pages
Thence 4th, along the south line of said Road Easement, S 89°42'14" E, a distance of 2.00 feet to the said
west line of Etiwanda Avenue described in said Irrevocable Offer To Dedicate;
Thence 5th, along said west line, S 00°17'46" W, a distance of 136.95 feet;
Thence 6th, leaving said west line, N 89°42'14" W, a distance of 5.00 feet;
Thence 7th, N 00°17'46" E, a distance of 45.00 feet;
Thence 8th, N 16°35'18" W, a distance of 72.00 feet;
Thence 9th, N 00°17'46" E, a distance of 18.00 feet;
Thence 10th, N 53°14'51" W, a distance of 67.00 feet;
Thence 11th, N 00°17'46" E, a distance of 112.00 feet;
Thence 12th, N 53°50'24" E, a distance of 93.00 feet;
Thence 13th, S 89°42'14" E, a distance of 5.00 feet to the True Point Beginning.
Containing 14,801 square feet, more or less.
Notes
( The above legal description is based on the dimensions, information, and land references shown on Record of
Survey 19-0109 filed in Book 168, Pages 53 through 63 of Record of Surveys.
( Bearings and distances are referenced to the California Coordinate System, Zone 5 grid, NAD83(2011) CSRS Epoch
2017.50. To obtain ground level distances, multiply grid distances by 1.000060364.
This descript n b
Surveyors Act.
repa d by me, or under my direction, in conformance with the Professional Land
Justin P. Height, LS 6167
10-04-2021
Date
Job No. 0618-00016
BTC III Rancho Cucamonga Logistics Center, LP - PRE GUIDA
SURVEYING INC.
Exhibit A
Legal Description
Etiwanda Grade Separation Project
APN 229-283-79 / RRI Energy
Permanent Road Easements
Page 2 of 2 Pages
Job No. 0618-00016
RRI Energy PRE.docx
10-04-2021
Thence 4th, along the south line of said Road Easement, S 89°42'14" E, a distance of 2.00 feet to the said
west line of Etiwanda Avenue described in said Irrevocable Offer To Dedicate;
Thence 5th, along said west line, S 00°17'46" W, a distance of 136.95 feet;
Thence 6th, leaving said west line, N 89°42'14" W, a distance of 5.00 feet;
Thence 7th, N 00°17'46" E, a distance of 45.00 feet;
Thence 8th, N 16°35'18" W, a distance of 72.00 feet;
Thence 9th, N 00°17'46" E, a distance of 18.00 feet;
Thence 10th, N 53°14'51" W, a distance of 67.00 feet;
Thence 11th, N 00°17'46" E, a distance of 112.00 feet;
Thence 12th, N 53°50'24" E, a distance of 93.00 feet;
Thence 13th, S 89°42'14" E, a distance of 5.00 feet to the True Point Beginning.
Containing 14,801 square feet, more or less.
Notes
· The above legal description is based on the dimensions, information, and land references shown on Record of
Survey 19-0109 filed in Book 168, Pages 53 through 63 of Record of Surveys.
· Bearings and distances are referenced to the California Coordinate System, Zone 5 grid, NAD83(2011) CSRS Epoch
2017.50. To obtain ground level distances, multiply grid distances by 1.000060364.
This description has been prepared by me, or under my direction, in conformance with the Professional Land
Surveyors Act.
__________________________________________
Justin P. Height, PLS 6167 Date
APN 229-283-79 / BTC III Rancho Cucamonga Logistics Center, LP
Job No. 0618-00016
BTC III Rancho Cucamonga Logistics Center, LP - PRE
Resolution No. 2022-013 - Page 7 of 13
Page 346
Exhibit A
Legal Description
Etiwanda Grade Separation Project
APN 229-283-79 / BTC Ill Rancho Cucamonga Logistics Center, LP
Temporary Construction Easement
Page 1 of 1 Pages
That portion of Parcel 7, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as described in
the Certificate of Compliance No. 405 for Lot Line Adjustment, recorded October 8, 1997 as Document No. 19970371135
of Official Records, records of said County, described as follows:
Commencing at the intersection of the north line of said Parcel 7 with the west line of Etiwanda Avenue, fifty (50) foot
half-width, as described in the Irrevocable Offer To Dedicate recorded October 8, 1997 as Document No. 19970371136 of
Official Records of said County, as both are shown on Sheet 10 of Record of Survey 19-0109 filed in Book 168, Pages 53
through 63 of Record of Surveys, records of said County;
Thence, along said west line of Etiwanda Avenue, S 00°07'00" W, a distance of 142.14 feet to the True Point of Beginning;
Thence 1st, continuing along said west line, S 00°07'00" W, a distance of 224.07 feet to its intersection with the
line between Sections 8 and 17, T15, R6W, SBBM, said intersection being an angle point in said west line of
Etiwanda Avenue;
Thence r d, continuing along said west line, S 00°17'46" W, a distance of 520.03 feet;
Thence 3rd, leaving said west line, and perpendicular to said west line, N 89°42'14" W, a distance of 5.00 feet to a
line parallel with, and lying 5.00 feet west of said west line of Etiwanda Avenue;
Thence 4th, along said parallel line, N 00°17'46" E, a distance of 463.00;
Thence 5th, leaving said parallel line, N 89°43'25" W, a distance of 15.00 feet to a line parallel with, and lying
20.00 feet west of, said west line of Etiwanda Avenue as said west line is described in the 2nd course above;
Thence 6th, along last said parallel line, N 00°17'46" E, a distance of 57.00 feet to its intersection with the line
between Sections 8 and 17, T1S, R6W, SBBM;
Thence 7th, along a line parallel with, and lying 20.00 feet west of, said west line of Etiwanda Avenue as said west
line is described in the 1st course above, N 00°07'00" E, a distance of 224.00 feet;
Thence 8th, leaving said parallel line, N 90°00'00" E, a distance of 20.00 feet to the True Point of Beginning.
Containing 7,936 square feet, more or less.
Notes
( The above legal description is based on the dimensions, information, and land references shown on Record of
Survey 19-0109 filed in Book 168, Pages 53 through 63 of Record of Surveys.
( Bearings and distances are referenced to the California Coordinate System, Zone 5 grid, NAD83(2011) CSRS
Epoch 2017.50. To obtain ground level distances, multiply grid distances by 1.000060364.
This descript s n b
Act.
n 'repa d by me, or under my direction, in conformance with the Professional Land Surveyors
Justin P. Height, IS 6167
10-04-2021
Date
Job No. 0618-00016
BTC III Rancho Cucamonga Logistics Center, LP - TCE
Exhibit A-2
.•..•. GUIDA • ...
LEE.: SURVEYING INC.
Exhibit A
Legal Description
Etiwanda Grade Separation Project
APN 229-283-79 / RRI Energy
Temporary Construction Easement
Page 1 of 1 Pages
Job No. 0618-00016
RRI Energy TCE.docx
10-04-2021
That portion of Parcel 7, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as described in
the Certificate of Compliance No. 405 for Lot Line Adjustment, recorded October 8, 1997 as Document No. 19970371135
of Official Records, records of said County, described as follows:
Commencing at the intersection of the north line of said Parcel 7 with the west line of Etiwanda Avenue, fifty (50) foot
half-width, as described in the Irrevocable Offer To Dedicate recorded October 8, 1997 as Document No. 19970371136 of
Official Records of said County, as both are shown on Sheet 10 of Record of Survey 19-0109 filed in Book 168, Pages 53
through 63 of Record of Surveys, records of said County;
Thence, along said west line of Etiwanda Avenue, S 00°07'00" W, a distance of 142.14 feet to the True Point of Beginning;
Thence 1st, continuing along said west line, S 00°07'00" W, a distance of 224.07 feet to its intersection with the
line between Sections 8 and 17, T1S, R6W, SBBM, said intersection being an angle point in said west line of
Etiwanda Avenue;
Thence 2nd, continuing along said west line, S 00°17'46" W, a distance of 520.03 feet;
Thence 3rd, leaving said west line, and perpendicular to said west line, N 89°42'14" W, a distance of 5.00 feet to a
line parallel with, and lying 5.00 feet west of said west line of Etiwanda Avenue;
Thence 4th, along said parallel line, N 00°17'46" E, a distance of 463.00;
Thence 5th, leaving said parallel line, N 89°43'25" W, a distance of 15.00 feet to a line parallel with, and lying
20.00 feet west of, said west line of Etiwanda Avenue as said west line is described in the 2nd course above;
Thence 6th, along last said parallel line, N 00°17'46" E, a distance of 57.00 feet to its intersection with the line
between Sections 8 and 17, T1S, R6W, SBBM;
Thence 7th, along a line parallel with, and lying 20.00 feet west of, said west line of Etiwanda Avenue as said west
line is described in the 1st course above, N 00°07'00" E, a distance of 224.00 feet;
Thence 8th, leaving said parallel line, N 90°00'00" E, a distance of 20.00 feet to the True Point of Beginning.
Containing 7,936 square feet, more or less.
Notes
· The above legal description is based on the dimensions, information, and land references shown on Record of
Survey 19-0109 filed in Book 168, Pages 53 through 63 of Record of Surveys.
· Bearings and distances are referenced to the California Coordinate System, Zone 5 grid, NAD83(2011) CSRS
Epoch 2017.50. To obtain ground level distances, multiply grid distances by 1.000060364.
This description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors
Act.
__________________________________________
Justin P. Height, PLS 6167 Date
APN 229-283-79 / BTC III Rancho Cucamonga Logistics Center, LP
Job No. 0618-00016
BTC III Rancho Cucamonga Logistics Center, LP - TCE
Exhibit A-2
Resolution No. 2022-013 - Page 8 of 13
Page 347
j-al!cippca NOTES
SBCTA RAIL CORRIDOR
POC
NORTH LINE OF PARCEL 7
SE'D a• 71 S, COC NO. 405 FOR LLA
SAAM DOC NO 19970371135 OR
PRE1
401 SQ. FT.
(SEE PAGE 2)
SAC 17; 718;
Rb1/11; SAAM
LINE BEI WEEN
SECTION 8 AND
SECTION 17
MENU MENU
MENU
MENEEN
MENEEN MENNEN
GUIDA
SURVEYING INC.
Job No. 0618-00016
PAR3E'L 7/
000 NOJ 405 P'OR LLA
003 N0 1997/037/1 135 OR
WEST LINE OF E 'WANDA AVE
PER IRREV. OFFER TO DEDICATE
DOC. NO. 19970371136 OR
PRE2
14,801 SQ. FT.
(SEE PAGE 3)
THIS PLAT HAS BEEN PREPARED BY ME, OR
UNDER MY DI TION, IN CONFORMANCE WITH
THE PR L LAND SURVEYORS ACT.
10-04-2021
JUSTIN P. HEIGIRTNPLS 6167 DATE ETIWANDA AVENUE PLAT MAP IS BASED ON THE
INFORMATION AND LAND
REFERENCES SHOWN ON RECORD
OF SURVEY 19-0109 FILED IN
BOOK 168, PAGES 53 THROUGH
63 OF RECORD OF SURVEYS.
BEARINGS AND DISTANCES ARE
REFERENCED TO THE CALIFORNIA
COORDINATE SYSTEM, ZONE 5
GRID, NAD83(2011) CSRS EPOCH
2017.50. TO OBTAIN GROUND
LEVEL DISTANCES, MULTIPLY GRID
DISTANCES BY 1.000060364.
SCALE: 1"=.400'
Exhibit B
Plat Map
Etiwanda Grade Separation Project
APN 229-283-79 / BTC III R.C.L.C., LP
Permanent Road Easements
Page 1 of 3 Pages j-al!cippca NOTES
SBCTA RAIL CORRIDOR
POC
NORTH LINE OF PARCEL 7
SE'D a• 71 S, COC NO. 405 FOR LLA
SAAM DOC NO 19970371135 OR
PRE1
401 SQ. FT.
(SEE PAGE 2)
SAC 17; 718;
Rb1/11; SAAM
LINE BEI WEEN
SECTION 8 AND
SECTION 17
MENU MENU
MENU
MENEEN
MENEEN MENNEN
GUIDA
SURVEYING INC.
Job No. 0618-00016
PAR3E'L 7/
000 NOJ 405 P'OR LLA
003 N0 1997/037/1 135 OR
WEST LINE OF E 'WANDA AVE
PER IRREV. OFFER TO DEDICATE
DOC. NO. 19970371136 OR
PRE2
14,801 SQ. FT.
(SEE PAGE 3)
THIS PLAT HAS BEEN PREPARED BY ME, OR
UNDER MY DI TION, IN CONFORMANCE WITH
THE PR L LAND SURVEYORS ACT.
10-04-2021
JUSTIN P. HEIGIRTNPLS 6167 DATE ETIWANDA AVENUE PLAT MAP IS BASED ON THE
INFORMATION AND LAND
REFERENCES SHOWN ON RECORD
OF SURVEY 19-0109 FILED IN
BOOK 168, PAGES 53 THROUGH
63 OF RECORD OF SURVEYS.
BEARINGS AND DISTANCES ARE
REFERENCED TO THE CALIFORNIA
COORDINATE SYSTEM, ZONE 5
GRID, NAD83(2011) CSRS EPOCH
2017.50. TO OBTAIN GROUND
LEVEL DISTANCES, MULTIPLY GRID
DISTANCES BY 1.000060364.
SCALE: 1"=.400'
Exhibit B
Plat Map
Etiwanda Grade Separation Project
APN 229-283-79 / BTC III R.C.L.C., LP
Permanent Road Easements
Page 1 of 3 Pages
APN 229-283-79 / BTC III R.C.L.C., LPExhibit B-1Resolution No. 2022-013 - Page 9 of 13 Page 348
COURSE TABLE
LINE BETWEEN
SECTION 8 AND
SECTION 17
0 LU
L1 S00°07'00"W 41.95[TIE]
L2 S00°07'00"W 100.19'
L3 N90°00'00"W 4.00'
L4 N00° 07'00"E 100.20'
L5 S89°53'00"E 4.00' NORTH LINE OF PARCEL 7
COC NO. 405 FOR LLA
DOC NO 19970371135 OR
PAR3E'L 7/
303 NC 405 5CR LLA
003J NO J 997/037/J J 35 OR
ANGLE POINT IN
WEST LINE OF
ETIWANDA AVE
U)
23
PRE1
401 SQ. FT. 0
0
4.00'
L3 L4
L5
TPOB POC
"•••( x xxxxxxx
L2
0 LU
L1 [TIE]
WEST LINE OF ETIWANDA AVE PER
IRREV. OFFER TO DEDICATE
DOC. NO. 19970371136 OR
GUIDA
SURVEYING INC.
Job No. 0618-00016
ETIWANDA AVENUE
SCALE: 1"=50'
Exhibit B
Plat Map
Etiwanda Grade Separation Project
APN 229-283-79 / BTC III R.C.L.C., LP
Permanent Road Easements
Page 2 of 3 Pages
COURSE TABLE
LINE BETWEEN
SECTION 8 AND
SECTION 17
0 LU
L1 S00°07'00"W 41.95[TIE]
L2 S00°07'00"W 100.19'
L3 N90°00'00"W 4.00'
L4 N00° 07'00"E 100.20'
L5 S89°53'00"E 4.00' NORTH LINE OF PARCEL 7
COC NO. 405 FOR LLA
DOC NO 19970371135 OR
PAR3E'L 7/
303 NC 405 5CR LLA
003J NO J 997/037/J J 35 OR
ANGLE POINT IN
WEST LINE OF
ETIWANDA AVE
U)
23
PRE1
401 SQ. FT. 0
0
4.00'
L3 L4
L5
TPOB POC
"•••( x xxxxxxx
L2
0 LU
L1 [TIE]
WEST LINE OF ETIWANDA AVE PER
IRREV. OFFER TO DEDICATE
DOC. NO. 19970371136 OR
GUIDA
SURVEYING INC.
Job No. 0618-00016
ETIWANDA AVENUE
SCALE: 1"=50'
Exhibit B
Plat Map
Etiwanda Grade Separation Project
APN 229-283-79 / BTC III R.C.L.C., LP
Permanent Road Easements
Page 2 of 3 Pages
Original had error?
APN 229-283-79 / BTC III R.C.L.C., LPResolution No. 2022-013 - Page 10 of 13 Page 349
COURSE TABLE
L1 SOO°07'00"W 366.21 TIE
L2 SOO°17'46"W 520.03 TIE
L3 SOO°17'46"W 32.03'
L4 N89°42'14"W 2.00'
L5 SOO°17'46"W 169.99'
L6 S89°42'14"E 2.00'
L7 SOO°17'46"W 136.95'
L8 N89°42'14"W 5.00'
L9 NOO°17'46"E 45.00'
L10 N16°35'18"W 72.00'
L1 1 NOO°17'46"E 18.00'
L12 N53°14'51"W 67.00'
L13 NOO°17'46"E 112.00'
L14 N53°50'24"E 93.00'
L15 S89°42'14"E 5.00'
L8 L9
L1 1
0 LU
L7
LINE BETWEEN
SECTION 8 AND
SECTION 17
L13
-••
4 A: •
•••• 4*
L5
L6 N L4
L15
/7 -TPOB
L2 [TIE]
L3
NORTH LINE OF PARCEL 7
COC NO. 405 FOR LLA
DOC NO 19970371135 OR
ANGLE POINT IN
WEST LINE OF
ETIWANDA AVE
PRE1
(SEE PAGE 2)
L1 [TIE]
0 LU
co
F
O
O
7POC
22'X170' ROAD EASEMENT PER
DOC. NO. 19970023099 OR
Umml if' GUI DA Um.. .9.9.9 SURVEYING INC.
Job No. 0618-00016
ETNANDA AVENUE
SCALE: 1"=100'
WEST LINE OF ETIWANDA AVE PER
IRREV. OFFER TO DEDICATE
DOC. NO. 19970371136 OR
Exhibit B
Plat Map
Etiwanda Grade Separation Project
APN 229-283-79 / BTC III R.C.L.C., LP
Permanent Road Easements
Page 3 of 3 Pages
COURSE TABLE
L1 SOO°07'00"W 366.21 TIE
L2 SOO°17'46"W 520.03 TIE
L3 SOO°17'46"W 32.03'
L4 N89°42'14"W 2.00'
L5 SOO°17'46"W 169.99'
L6 S89°42'14"E 2.00'
L7 SOO°17'46"W 136.95'
L8 N89°42'14"W 5.00'
L9 NOO°17'46"E 45.00'
L10 N16°35'18"W 72.00'
L1 1 NOO°17'46"E 18.00'
L12 N53°14'51"W 67.00'
L13 NOO°17'46"E 112.00'
L14 N53°50'24"E 93.00'
L15 S89°42'14"E 5.00'
L8 L9
L1 1
0 LU
L7
LINE BETWEEN
SECTION 8 AND
SECTION 17
L13
-••
4 A: •
•••• 4*
L5
L6 N L4
L15
/7 -TPOB
L2 [TIE]
L3
NORTH LINE OF PARCEL 7
COC NO. 405 FOR LLA
DOC NO 19970371135 OR
ANGLE POINT IN
WEST LINE OF
ETIWANDA AVE
PRE1
(SEE PAGE 2)
L1 [TIE]
0 LU
co
F
O
O
7POC
22'X170' ROAD EASEMENT PER
DOC. NO. 19970023099 OR
Umml if' GUI DA Um.. .9.9.9 SURVEYING INC.
Job No. 0618-00016
ETNANDA AVENUE
SCALE: 1"=100'
WEST LINE OF ETIWANDA AVE PER
IRREV. OFFER TO DEDICATE
DOC. NO. 19970371136 OR
Exhibit B
Plat Map
Etiwanda Grade Separation Project
APN 229-283-79 / BTC III R.C.L.C., LP
Permanent Road Easements
Page 3 of 3 Pages
APN 229-283-79 / BTC III R.C.L.C., LPResolution No. 2022-013 - Page 11 of 13 Page 350
z-al!cRtpca NOTES
SBCTA RAIL CORRIDOR
\_. NORTH LINE OF PARCEL 7
SE p 8; 71S; COC NO. 405 FOR LLA
R6W; S M DOC NO 19970371135 OR
POC
TEMP. CONST. EASEMENT
7,936 SQ. FT.
(SEE PAGE 2)
SE'D 17; 718;,,
R6W; aaE3IVI
LINE BE I WEEN
SECTION 8 AND
SECTION 17
MENU MENU MENU MENEEN MENEEN MENNEN
GUIDA
SURVEYING INC.
Job No. 0618-00016
PAROE'L 7/
303 NOJ 405 P'OR LLA
1-30.3 ]\10 1997/037/1 135 OR
WEST LINE OF E I IWANDA AVE
PER IRREV. OFFER TO DEDICATE
DOC. NO. 19970371136 OR
THIS PLAT HAS BEEN PREPARED BY ME, OR
UNDER MY DI TION, IN CONFORMANCE WITH
THE PR L LAND SURVEYORS ACT.
10-04-2021
JUSTIN P. HEIGIRTNPLS 6167 DATE ETIWANDA AVENUE PLAT MAP IS BASED ON THE
INFORMATION AND LAND
REFERENCES SHOWN ON THE
RECORD OF SURVEY 19-0109
FILED IN BOOK 168, PAGES 53
THROUGH 63 OF RECORD OF
SURVEYS.
BEARINGS AND DISTANCES ARE
REFERENCED TO THE CALIFORNIA
COORDINATE SYSTEM, ZONE 5
GRID, NAD83(2011) CSRS EPOCH
2017.50. TO OBTAIN GROUND
LEVEL DISTANCES, MULTIPLY GRID
DISTANCES BY 1.000060364.
SCALE: 1"=.400'
Exhibit B
Plat Map
Etiwanda Grade Separation Project
APN 229-283-79 / BTC III R.C.L.C., LP
Temporary Construction Easement
Page 1 of 2 Pages z-al!cRtpca NOTES
SBCTA RAIL CORRIDOR
\_. NORTH LINE OF PARCEL 7
SE p 8; 71S; COC NO. 405 FOR LLA
R6W; S M DOC NO 19970371135 OR
POC
TEMP. CONST. EASEMENT
7,936 SQ. FT.
(SEE PAGE 2)
SE'D 17; 718;,,
R6W; aaE3IVI
LINE BE I WEEN
SECTION 8 AND
SECTION 17
MENU MENU MENU MENEEN MENEEN MENNEN
GUIDA
SURVEYING INC.
Job No. 0618-00016
PAROE'L 7/
303 NOJ 405 P'OR LLA
1-30.3 ]\10 1997/037/1 135 OR
WEST LINE OF E I IWANDA AVE
PER IRREV. OFFER TO DEDICATE
DOC. NO. 19970371136 OR
THIS PLAT HAS BEEN PREPARED BY ME, OR
UNDER MY DI TION, IN CONFORMANCE WITH
THE PR L LAND SURVEYORS ACT.
10-04-2021
JUSTIN P. HEIGIRTNPLS 6167 DATE ETIWANDA AVENUE PLAT MAP IS BASED ON THE
INFORMATION AND LAND
REFERENCES SHOWN ON THE
RECORD OF SURVEY 19-0109
FILED IN BOOK 168, PAGES 53
THROUGH 63 OF RECORD OF
SURVEYS.
BEARINGS AND DISTANCES ARE
REFERENCED TO THE CALIFORNIA
COORDINATE SYSTEM, ZONE 5
GRID, NAD83(2011) CSRS EPOCH
2017.50. TO OBTAIN GROUND
LEVEL DISTANCES, MULTIPLY GRID
DISTANCES BY 1.000060364.
SCALE: 1"=.400'
Exhibit B
Plat Map
Etiwanda Grade Separation Project
APN 229-283-79 / BTC III R.C.L.C., LP
Temporary Construction Easement
Page 1 of 2 Pages
APN 229-283-79 / BTC III R.C.L.C., LPExhibit B-2Resolution No. 2022-013 - Page 12 of 13 Page 351
COURSE TABLE
L1 SOO°07'00"W 142.14VIE]
L2 SOO°07'00"W 224.07
L3 SOO°17'46"W 520.03'
L4 N89°42'14"W 5.00'
L5 NOO°17'46"E 463.00'
L6 N89°43'25"W 15.00'
L7 NOO°17'46"E 57.00'
L8 NOO°07'00"E 224.00'
L9 N90°00'00"E 20.00' 1:fl
1:fl
5.00'
L4
0
PAR3E'L 7/
303 NC 405 5CR LLA
003 NO 997/037/J J 35 OR
WEST LINE OF E I IWAN DA AVE PER
IRREV. OFFER TO DEDICATE
DOC. NO. 19970371136 OR
Mil' GU I DA
SURVEYING INC.
Job No. 0618-00016
L3
L6
ETIWANDA AVENUE
ANGLE POINT IN WEST
LINE OF E I IWAN DA AVE
SCALE: 1"=100'
L7
NORTH LINE OF PARCEL 7
COC NO. 405 FOR LLA
DOC NO 19970371135 OR
LINE BEI WEEN
SECTION 8 AND
SECTION 17
ti 20.00'
L8
TEMPORARY
CONSTRUCTION
EASEMENT
7,936 SQ. FT.
L9 TPOB
P00 2:10C116600 -IIV6 V1OEIS Exhibit B
Plat Map
Etiwanda Grade Separation Project
APN 229-283-79 / BTC III R.C.L.C., LP
Temporary Construction Easement
Page 2 of 2 Pages
COURSE TABLE
L1 SOO°07'00"W 142.14VIE]
L2 SOO°07'00"W 224.07
L3 SOO°17'46"W 520.03'
L4 N89°42'14"W 5.00'
L5 NOO°17'46"E 463.00'
L6 N89°43'25"W 15.00'
L7 NOO°17'46"E 57.00'
L8 NOO°07'00"E 224.00'
L9 N90°00'00"E 20.00' 1:fl
1:fl
5.00'
L4
0
PAR3E'L 7/
303 NC 405 5CR LLA
003 NO 997/037/J J 35 OR
WEST LINE OF E I IWAN DA AVE PER
IRREV. OFFER TO DEDICATE
DOC. NO. 19970371136 OR
Mil' GU I DA
SURVEYING INC.
Job No. 0618-00016
L3
L6
ETIWANDA AVENUE
ANGLE POINT IN WEST
LINE OF E I IWAN DA AVE
SCALE: 1"=100'
L7
NORTH LINE OF PARCEL 7
COC NO. 405 FOR LLA
DOC NO 19970371135 OR
LINE BEI WEEN
SECTION 8 AND
SECTION 17
ti 20.00'
L8
TEMPORARY
CONSTRUCTION
EASEMENT
7,936 SQ. FT.
L9 TPOB
P00 2:10C116600 -IIV6 V1OEIS Exhibit B
Plat Map
Etiwanda Grade Separation Project
APN 229-283-79 / BTC III R.C.L.C., LP
Temporary Construction Easement
Page 2 of 2 Pages
APN 229-283-79 / BTC III R.C.L.C., LPResolution No. 2022-013 - Page 13 of 13 Page 352
Resolution No. 2022-014 - Page 1 of 11
RESOLUTION NO. 2022-014
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY
INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE
ACQUISITION THEREOF IN CONNECTION WITH THE ETIWANDA GRADE
SEPARATION PROJECT (PERMANENT EASEMENT AND TEMPORARY
CONSTRUCTION EASEMENT OVER A PORTION OF APN 0229-291-55)
WHEREAS, the City of Rancho Cucamonga (“City”) is a municipal corporation in the
County of San Bernardino, State of California; and
WHEREAS, the City seeks to construct the Etiwanda Grade Separation Project (“Project”).
The Project requires the acquisition of additional right of way for grade separation. The
Project involves the widening and construction of Etiwanda Avenue as a four-lane grade
separated roadway over the Southern California Regional Rail Authority (“SCRRA”)/Burlington
Northern and Santa Fe Railroad (“BNSF”) San Gabriel subdivision, currently a two-lane at-grade
crossing. The Project will construct an overhead crossing, utilizing walls and embankments to
support the raised approaching roadway. It will span the railroad right-of-way and provide access
to adjacent properties. The Project will widen Etiwanda Avenue to four traffic lanes including a
painted median/left turn lane with bike lanes and sidewalks on each side and a northbound right
turn lane onto Whittram Avenue. When completed in 2024, the Project will reduce vehicle and
truck delays, as well as queuing. It will improve mobility, safety, and level of service at the
crossing, and it will provide for the safe transit of pedestrians, bicyclists, vehicles, trucks, and
trains. Furthermore, the Project will provide for improved response times in the area for first
responders such as police officers, firefighters, paramedics, and emergency medical technicians.
All work is consistent with the City’s General Plan of Circulation. The Plans for the Project are on
file with the Engineering Services Department and are incorporated herein by this reference; and
WHEREAS, the environmental effects of the Project were studied and analyzed pursuant
to the California Environmental Quality Act (“CEQA”), Public Resources Code Section 21000 et
seq., and the CEQA Guidelines, 14 Cal. Code Regs. Section 15000 et seq. (“CEQA Guidelines”).
City Staff determined that the Project was statutorily exempt pursuant to CEQA Article 18.
Statutory Exemptions, Section 15282. Other Statutory Exemptions, paragraph (g) as a railroad
grade separation project which eliminates and existing grade crossing or reconstructs an existing
grade separation. The City Council approved the Notice of Exemption and authorized Staff to file
the Notice of Exemption with the Office of Planning and Research and the County clerk as
specified in Section 21080.13(2) of the Public Resources Code. Said Notice of Exemption was
filed with the Office of Planning and Research and with the County of San Bernardino on or about
June 11, 2018 in accordance with the statutory requirements; and
WHEREAS, in connection with the proposed Resolution of Necessity, on January 19,
2022, City Staff reviewed the environmental documentation prepared in connection with the
Project. Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of
the Public Resources Code, City Staff concluded that no substantial changes have occurred in
the Project, no substantial changes have occurred in the circumstances under which the Project
is undertaken, and that the City has obtained no new information of substantial importance that
would require further environmental analysis. These environmental findings are the appropriate
findings with respect to the proposed acquisition of the Subject Property Interests.
ATTACHMENT 7Page353
Resolution No. 2022-014 - Page 2 of 11
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho
Cucamonga as follows:
SECTION 1. The Rancho Cucamonga City Council adopts Resolution No. 2022-014, A
Resolution of the City Council of the City of Rancho Cucamonga, California, Declaring Certain
Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof
in Connection with the Etiwanda Grade Separation Project (permanent easement and a
temporary construction easement on portions of APN 0229-291-55).
SECTION 2. The City seeks to acquire by eminent domain the real property interest
described below in Section 3 of this Resolution for public use, namely grade separation and
related purposes, and all uses necessary or convenient thereto in connection with the Etiwanda
Grade Separation Project pursuant to the authority conferred on the City of Rancho Cucamonga
to acquire real property by eminent domain by Section 19 of Article 1 of the California Constitution,
Government Code Sections 37350, 37350.5, 37351, 40401, and 40404, California Code of Civil
Procedure Section 1230.010 et seq. (Eminent Domain Law), including but not limited to Sections
1240.010, 1240.020, 1240.110, 1240.120, 1240.150, 1240.510, 1240.610, 1240.650, and by
other provisions of law.
SECTION 3. The City seeks to acquire an approximate 1,201 square foot permanent
easement and an approximate 1,295 square foot temporary construction easement with a term
of 30 months over portions of the real property located at 8939 Etiwanda Avenue, Rancho
Cucamonga, California, and further identified as San Bernardino County Tax Assessor’s Parcel
Number 0229-291-55 in connection with the Project. The permanent easement and the
temporary construction easement are collectively referred to herein as “Subject Property Interest,”
and APN 0229-291-55 is referred to herein as “BCORE IE Parcel.” The Subject Property Interest
is described more particularly in Exhibit “A” and depicted on Exhibit “B”, which are attached hereto
and incorporated herein by this reference.
SECTION 4. The environmental effects of the acquisition of the Subject Property Interest
were studied as an integral part of the environmental review for the Project. In connection with
the proposed Resolution of Necessity, on January 19, 2022, City Staff reviewed the environmental
documentation prepared in connection with the Project. Pursuant to the criteria of Section 15162
of the CEQA Guidelines and Section 21166 of the Public Resources Code, City staff concluded
that no substantial changes have occurred in the Project, no substantial changes have occurred
in the circumstances under which the Project is undertaken, and that the City has obtained no
new information of substantial importance that would require further environmental analysis.
These environmental findings are the appropriate findings with respect to the proposed acquisition
of the Subject Property Interest.
SECTION 5. The Project, as planned and designed, is in the public interest and necessity
and is needed to improve vehicle and rail safety, traffic mobility, and surface transportation, as
more fully explained below:
A.The Project requires the acquisition of additional right of way for grade
separation. The Project involves the widening and construction of Etiwanda Avenue as a four-
lane grade separated roadway over the SCRRA/BNSF San Gabriel subdivision, currently a two-
lane at-grade crossing. The Project will construct an overhead crossing, utilizing walls and
embankments to support the raised approaching roadway. It will span the railroad right-of-way
and provide access to adjacent properties. The Project will widen Etiwanda Avenue to four traffic
lanes including a painted median/left turn lane with bike lanes and sidewalks on each side and a
Page 354
Resolution No. 2022-014 - Page 3 of 11
northbound right turn lane onto Whittram Avenue. When completed in 2024, the Project will
reduce vehicle and truck delays, as well as queuing. It will improve mobility, safety, and level of
service at the crossing, and it will provide for the safe transit of pedestrians, bicyclists, vehicles,
trucks, and trains. Furthermore, the Project will provide for improved response times in the area
for first responders such as police officers, firefighters, paramedics, and emergency medical
technicians. All work is consistent with the City’s General Plan of Circulation.
B. The Project will reduce vehicle and truck delays, improve safety and level
of service at the crossing, and it will provide for the safe transit of pedestrians, bicyclists, vehicles,
trucks, and trains. Additionally, the Project will provide for improved response times in the area
for first responders such as police officers, firefighters, paramedics, and emergency medical
technicians. Accordingly, the Project will benefit the residents and businesses of the City and the
community as a whole.
C. The Project, as planned and designed, is consistent with the Circulation
Element of the General Plan, which designated Etiwanda Avenue as a four-lane major arterial
road. Anticipating the future growth of the SCRRA/BNSF corridor, the City’s General Plan
identified this area to be grade separated. The City seeks to acquire the Subject Property Interest
for public use, namely grade separation and related purposes, and all uses necessary or
convenient thereto in connection with the Project. The City seeks to construct the Project to
improve mobility, safety, and level of service at the crossing.
D. The Project was planned and located to minimize the impact on the
adjacent properties. Because of its scope, the Project requires the acquisition of several
permanent easements and temporary construction easements over portions of 10 larger parcels,
as well as fee interests in two parcels owned by private property owners. The construction of the
Project will require some business/residential relocations. The City will coordinate the
construction with the owner of the Subject Property Interest to minimize the impact of the Project
on the parcel. Based on the timing of the Project, it is necessary that the City consider the
acquisition by eminent domain of the required Subject Property Interest.
SECTION 6.
A. Pursuant to Government Code Section 7260 et seq., the City of Rancho
Cucamonga obtained a fair market value appraisal of the BCORE IE Parcel, the approximate
1,201 square foot permanent easement and the approximate 1,295 square foot temporary
construction easement with a term of 30 months the City seeks to acquire for public use public
use, namely grade separation and related purposes, and all uses necessary or convenient
thereto.
B. The City set just compensation in accordance with the appraised fair
market value, and extended a written offer on December 3, 2021 to BCORE IE West Owner, LLC,
the owner of record. The fair market value appraisal used a date of value of October 14, 2021.
C. The City’s written offer included an informational pamphlet describing the
eminent domain process and the record owner’s rights under the Eminent Domain Law. In
accordance with Government Code Section 7267.2, the City’s written offer contained a written
statement of, and summary of the basis for, the amount it established as just compensation. The
offer set forth the date of value utilized by the appraiser and explained the appraiser’s opinion of
the highest and best use of the larger parcel. It explained the applicable zoning designation of
the larger parcel. The City’s offer also summarized the principal transactions relied on by the
Page 355
Resolution No. 2022-014 - Page 4 of 11
appraiser to arrive at the appraiser’s opinion of value. In addition, the written offer explained the
appraiser’s valuation analysis, including severance damages. It included the City’s comparable
market data relied on by the appraiser. Further, the City offered, pursuant to Code of Civil
Procedure Section 1263.025, to pay the record owner the reasonable costs, up to $5,000.00, for
an independent appraisal of the approximate 1,201 square foot permanent easement area and
the approximate 1,295 square foot temporary construction easement area.
SECTION 7. The City provided written notice to the owner of record, pursuant to Code
of Civil Procedure section 1245.235 of the City Council’s intent to consider the adoption of a
Resolution of Necessity for the acquisition of the Subject Property Interest by eminent domain.
SECTION 8. The public use for which the City seeks to acquire the Subject Property
Interest, namely grade separation and related purposes, and all uses necessary or convenient
thereto, will not unreasonably interfere with or impair the continuance of the public use to which
any easement holders may have appropriated the area (Code of Civil Procedure Section
1240.510). Further, the Project may require the relocation of several utilities to the new right-of-
way area. The public use for which the City seeks to acquire the Subject Property Interest, namely
grade separation and related purposes, and all uses necessary or convenient thereto, is a more
necessary public use within the meaning of Code of Civil Procedure Section 1240.650 than the
uses to which public utility easement holders have appropriated any utility easements located on
or within the area of the Subject Property Interest that are affected by the Project. Accordingly,
the City is authorized to acquire the Subject Property Interest pursuant to Code of Civil Procedure
Sections 1240.510, 1240.610, and 1240.650.
SECTION 9. Based on the evidence presented at the hearing regarding the Project,
including the Agenda Report and documents referenced therein and any oral and written
testimony at the hearing, the City Council hereby finds and determines that:
A.The public interest and necessity require the Project;
B.The Project is planned and located in the manner that will be most
compatible with the greatest public good and the least private injury;
C.The Subject Property Interest described more particularly in Exhibit “A” and
depicted on Exhibit “B” hereto, is necessary for the Project; and
D.The City has made the offer required by Government Code Section 7267.2
to the record owner of the Subject Property Interest the City seeks to acquire.
SECTION 10. The findings and declarations contained in this Resolution are based upon
the record before the City Council, including the Agenda Report and all documents referenced
therein, all of which are incorporated herein by this reference, and any testimony and/or
comments submitted to the City by the record owner and or the owner’s representative(s). These
documents include, but are not limited to the City of Rancho Cucamonga’s General Plan, the offer
letter sent to the owner pursuant to Government Code Section 7267.2, the notice to the record
owner pursuant to Code of Civil Procedure Section 1245.235 of the City’s intent to consider the
adoption of the Resolution of Necessity, Grade Separation Plans for the Project, and the Notice
of Exemption for the Project.
SECTION 11. The City Council of the City of Rancho Cucamonga hereby authorizes and
directs the City Attorney’s Office to take all steps necessary to commence and prosecute legal
Page 356
Resolution No. 2022-014 - Page 5 of 11
proceedings in a court of competent jurisdiction to acquire an approximate 1,201 square foot
permanent easement and an approximate 1,295 square foot temporary construction easement
with a term of 30 months for the Project. The Subject Property Interest is described more
particularly on Exhibit “A” and depicted on Exhibit “B” hereto.
SECTION 12. The City Council of the City of Rancho Cucamonga hereby authorizes the
City Manager to execute all necessary documents in connection with the eminent domain
proceeding.
SECTION 13. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 19th day of January, 2022.
________________________
L. Dennis Michael, Mayor
City of Rancho Cucamonga
ATTEST:
Janice C. Reynolds, City Clerk
City of Rancho Cucamonga
APPROVED AS TO FORM:
Nicholas R. Ghirelli, City Attorney
Richards, Watson & Gershon
CERTIFICATION:
I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, California, do hereby certify
that the foregoing Resolution No. 2022-014, was duly adopted by the City Council of the City of
Rancho Cucamonga, California, at a regular meeting thereof held on the 19th day of January,
2022, by the following vote, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________
Janice C. Reynolds, City Clerk
City of Rancho Cucamonga, California
Page 357
Exhibit A
Legal Description
Etiwanda Grade Separation Project
APN 229-291-55
Permanent Road Easement
Page 1 of 1 Pages
That portion of Parcel 1, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as described in
the Certificate of Compliance No. 507 for Lot Line Adjustment, recorded January 17, 2002 as Document No. 20020026839
of Official Records, records of said County, described as follows:
Commencing at the intersection of the westerly prolongation of the south line of said Parcel 1 with the centerline of
Etiwanda Avenue, thirty (30) foot half-width, being also the northwest corner of the fifty (50) street easement dedication
described in the Easement Deed recorded April 17, 1998 as Document No. 19980145780 of Official Records of said
County, as both are shown on Sheet 8 of Record of Survey 19-0109 filed in Book 168, Pages 53 through 63 of Record of
Surveys, records of said County;
Thence, along said prolongation of the south line of Parcel 1, N 87°55'05" E, a distance of 30.02 feet to a point on the east
line of Etiwanda Avenue as shown on the map of Tract 2102 (Fontana Arrow Route Tract") filed in Book 31, Pages 11 to 15
of Maps, records of said County, said point being the True Point of Beginning;
Thence V, along said east line of Etiwanda Avenue, N 00°07'00" E, a distance of 60.04 feet to the north line of
said Parcel 1, being also the south line of the SBCTA Rail Corridor, one hundred (100) feet wide, as shown on said
Record of Survey 19-0109;
Thence rd, along said north line of Parcel 1, N 87°55'05" E, a distance of 20.01 feet to its intersection with the
northerly prolongation of the east line of said fifty (50) street easement dedication;
Thence VI, along said prolongation, S 00°07'00" W, a distance of 60.04 feet to a point on said south line of Parcel
1, said point being the northeast corner of said fifty (50) street easement dedication;
Thence 41h, along said south line, S 87°55'05" W, a distance of 20.01 feet to the True Point of Beginning.
Containing 1,201 square feet, more or less.
Notes
( The above legal description is based on the dimensions, information, and land references shown on Record of
Survey 19-0109 filed in Book 168, Pages 53 through 63 of Record of Surveys.
( Bearings and distances are referenced to the California Coordinate System, Zone 5 grid, NAD83(2011) CSRS
Epoch 2017.50. To obtain ground level distances, multiply grid distances by 1.000060364.
This descript
Act.
Justin P. Height, LS 6167
Job No. 0818-00018
BCORE PRE.doc
d by me, or under my direction, in conformance with the Professional Land Surveyors
10-07-2021
Date
Exhibit A-1 ,...... GUIDA • . .•.
:am: SURVEYING INC.
Exhibit A
Legal Description
Etiwanda Grade Separation Project
APN 229-291-55
Permanent Road Easement
Page 1 of 1 Pages
Job No. 0618-00016
BCORE PRE.docx
10-07-2021
That portion of Parcel 1, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as described in
the Certificate of Compliance No. 507 for Lot Line Adjustment, recorded January 17, 2002 as Document No. 20020026839
of Official Records, records of said County, described as follows:
Commencing at the intersection of the westerly prolongation of the south line of said Parcel 1 with the centerline of
Etiwanda Avenue, thirty (30) foot half-width, being also the northwest corner of the fifty (50) street easement dedication
described in the Easement Deed recorded April 17, 1998 as Document No. 19980145780 of Official Records of said
County, as both are shown on Sheet 8 of Record of Survey 19-0109 filed in Book 168, Pages 53 through 63 of Record of
Surveys, records of said County;
Thence, along said prolongation of the south line of Parcel 1, N 87°55'05" E, a distance of 30.02 feet to a point on the east
line of Etiwanda Avenue as shown on the map of Tract 2102 (Fontana Arrow Route Tract”) filed in Book 31, Pages 11 to 15
of Maps, records of said County, said point being the True Point of Beginning;
Thence 1st, along said east line of Etiwanda Avenue, N 00°07'00" E, a distance of 60.04 feet to the north line of
said Parcel 1, being also the south line of the SBCTA Rail Corridor, one hundred (100) feet wide, as shown on said
Record of Survey 19-0109;
Thence 2nd, along said north line of Parcel 1, N 87°55'05" E, a distance of 20.01 feet to its intersection with the
northerly prolongation of the east line of said fifty (50) street easement dedication;
Thence 3rd, along said prolongation, S 00°07'00" W, a distance of 60.04 feet to a point on said south line of Parcel
1, said point being the northeast corner of said fifty (50) street easement dedication;
Thence 4th, along said south line, S 87°55'05" W, a distance of 20.01 feet to the True Point of Beginning.
Containing 1,201 square feet, more or less.
Notes
· The above legal description is based on the dimensions, information, and land references shown on Record of
Survey 19-0109 filed in Book 168, Pages 53 through 63 of Record of Surveys.
· Bearings and distances are referenced to the California Coordinate System, Zone 5 grid, NAD83(2011) CSRS
Epoch 2017.50. To obtain ground level distances, multiply grid distances by 1.000060364.
This description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors
Act.
__________________________________________
Justin P. Height, PLS 6167 Date
Exhibit A-1
Resolution No. 2022-014 - Page 6 of 11
Page 358
Exhibit A
Legal Description
Etiwanda Grade Separation Project
APN 229-291-55
Temporary Construction Easement
Page 1 of 1 Pages
That portion of Parcel 1, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as described in
the Certificate of Compliance No. 507 for Lot Line Adjustment, recorded January 17, 2002 as Document No. 20020026839
of Official Records, records of said County, described as follows:
Commencing at the intersection of the westerly prolongation of the south line of said Parcel 1 with the centerline of
Etiwanda Avenue, thirty (30) foot half-width, being also the northwest corner of the fifty (50) street easement dedication
described in the Easement Deed recorded April 17, 1998 as Document No. 19980145780 of Official Records of said
County, as both are shown on Sheet 8 of Record of Survey 19-0109 filed in Book 168, Pages 53 through 63 of Record of
Surveys, records of said County;
Thence, along said prolongation and said south line of Parcel 1, N 87°55'05" E, a distance of 50.03 to the northeast corner
of said fifty (50) foot street easement dedication, said corner being the True Point of Beginning
Thence 1', along the northerly prolongation of the east line of said fifty (50) foot street easement dedication,
N 00°07'00" E, a distance of 31.64 feet;
Thence 21d, leaving said northerly prolongation, S 89°52'07" E, a distance of 42.00 feet to a line parallel with, and
lying 42.00 feet easterly of, said northerly prolongation;
Thence 3NI, along said parallel line, S 00°07'00" W, a distance of 30.02 feet to said south line of Parcel 1;
Thence 41h, along said south line, S 87°55'05" W, a distance of 42.03 feet to the True Point of Beginning.
Containing 1,295 square feet, more or less.
Notes
(
(
The above legal description is based on the dimensions, information, and land references shown on Record of
Survey 19-0109 filed in Book 168, Pages 53 through 63 of Record of Surveys.
Bearings and distances are referenced to the California Coordinate System, Zone 5 grid, NAD83(2011) CSRS
Epoch 2017.50. To obtain ground level distances, multiply grid distances by 1.000060364.
This descripttr
Act.
b d by me, or under my direction, in conformance with the Professional Land Surveyors
Justin P. Height, LS 6167
Job No. 0818-00016
SCORE TCE.doct
10-07-2021
Date
Exhibit A-2
■:•••••
GUIDA • • •••
:••••: SURVEYING INC.
Exhibit A
Legal Description
Etiwanda Grade Separation Project
APN 229-291-55
Temporary Construction Easement
Page 1 of 1 Pages
Job No. 0618-00016
BCORE TCE.docx
10-07-2021
That portion of Parcel 1, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as described in
the Certificate of Compliance No. 507 for Lot Line Adjustment, recorded January 17, 2002 as Document No. 20020026839
of Official Records, records of said County, described as follows:
Commencing at the intersection of the westerly prolongation of the south line of said Parcel 1 with the centerline of
Etiwanda Avenue, thirty (30) foot half-width, being also the northwest corner of the fifty (50) street easement dedication
described in the Easement Deed recorded April 17, 1998 as Document No. 19980145780 of Official Records of said
County, as both are shown on Sheet 8 of Record of Survey 19-0109 filed in Book 168, Pages 53 through 63 of Record of
Surveys, records of said County;
Thence, along said prolongation and said south line of Parcel 1, N 87°55'05" E, a distance of 50.03 to the northeast corner
of said fifty (50) foot street easement dedication, said corner being the True Point of Beginning;
Thence 1st, along the northerly prolongation of the east line of said fifty (50) foot street easement dedication,
N 00°07'00" E, a distance of 31.64 feet;
Thence 2nd, leaving said northerly prolongation, S 89°52'07" E, a distance of 42.00 feet to a line parallel with, and
lying 42.00 feet easterly of, said northerly prolongation;
Thence 3rd, along said parallel line, S 00°07'00" W, a distance of 30.02 feet to said south line of Parcel 1;
Thence 4th, along said south line, S 87°55'05" W, a distance of 42.03 feet to the True Point of Beginning.
Containing 1,295 square feet, more or less.
Notes
·The above legal description is based on the dimensions, information, and land references shown on Record of
Survey 19-0109 filed in Book 168, Pages 53 through 63 of Record of Surveys.
·Bearings and distances are referenced to the California Coordinate System, Zone 5 grid, NAD83(2011) CSRS
Epoch 2017.50. To obtain ground level distances, multiply grid distances by 1.000060364.
This description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors
Act.
__________________________________________
Justin P. Height, PLS 6167 Date
Exhibit A-2
Resolution No. 2022-014 - Page 7 of 11
Page 359
j-almtixa NOTES
PLAT MAP IS BASED ON THE INFORMATION AND LAND REFERENCES SHOWN ON THE
RECORD OF SURVEY 19-0109 FILED IN BOOK 168, PAGES 53 THROUGH 63 OF
RECORD OF SURVEYS.
BEARINGS AND DISTANCES ARE REFERENCED TO THE CALIFORNIA COORDINATE SYSTEM,
ZONE 5 GRID, NAD83(2011) CSRS EPOCH 2017.50. TO OBTAIN GROUND LEVEL
DISTANCES, MULTIPLY GRID DISTANCES BY 1.000060364.
SBCTA RAIL CORRIDOR ETIWANDA AVENUE c)1
PERMANENT
ROAD
EASEMENT
1,201 SQ. FT.
(SEE PAGE 2)
GUIDA
SURVEYING INC.
Job No. 0618-00016 BCORE.dwg
PARCn J
COC NO, 507/ 50R LLA
DOC, NO, 20020026239 OF
THIS PLAT HAS BEEN PREPARED BY ME, OR
UNDER MY DI TION, IN CONFORMANCE WITH
THE PR L LAND SURVEYORS ACT.
10-07-2021
JUSTIN P. HEIGHT, PLS 6167 DATE
SCALE: 1"=300'
Exhibit B
Plat Map
Etiwanda Grade Separation Project
APN 229-291-55
Permanent Road Easement
Page 1 of 2 Pages Exhibit B-1Resolution No. 2022-014 - Page 8 of 11 Page 360
w :::::> z w > <(
<( 0 z
<(
1-w
GUIDA
SURVEYING INC.
Job No. 0618-00016 BCORE.dwg
SBCTA RAIL CORRIDOR
L3
X
50'
SCALE: 1 "=20'
COURSE TABLE
L 1 N8T55'05"E 30.02' (TIE) L2 N00"07'00"E 60.04' L3 N8T55'05"E 20.01' L4 soo·o7•oo"w 60.04• LS S8T55'05"W 20.01'
Exhibit B
Plat Map
Etiwanda Grade Separation Project
APN 229-291-55
Permanent Road Easement
Page 2 of 2 Pages
Resolution No. 2022-014 - Page 9 of 11
Page 361
z-al!cRtpca NOTES
PLAT MAP IS BASED ON THE INFORMATION AND LAND REFERENCES SHOWN ON THE
RECORD OF SURVEY 19-0109 FILED IN BOOK 168, PAGES 53 THROUGH 63 OF
RECORD OF SURVEYS.
BEARINGS AND DISTANCES ARE REFERENCED TO THE CALIFORNIA COORDINATE SYSTEM,
ZONE 5 GRID, NAD83(2011) CSRS EPOCH 2017.50. TO OBTAIN GROUND LEVEL
DISTANCES, MULTIPLY GRID DISTANCES BY 1.000060364. ETIWANDA AVENUE c)1
TEMP. CON ST.
EASEMENT
1,295 SQ. FT.
(SEE PAGE 2)
GUIDA
SURVEYING INC.
Job No. 0618-00016 BCORE.dwg
SBCTA RAIL CORRIDOR
PARCn J
COC NO, 507/ 50R LLA
DOC, NO, 20020026239 OF
THIS PLAT HAS BEEN PREPARED BY ME, OR
UNDER MY DI TION, IN CONFORMANCE WITH
THE PR L LAND SURVEYORS ACT.
10-07-2021
JUSTIN P. HEIGAT> PLS 6167 DATE
SCALE: 1"=300'
Exhibit B
Plat Map
Etiwanda Grade Separation Project
APN 229-291-55
Temporary Construction Easement
Page 1 of 2 Pages z-al!cRtpca NOTES
PLAT MAP IS BASED ON THE INFORMATION AND LAND REFERENCES SHOWN ON THE
RECORD OF SURVEY 19-0109 FILED IN BOOK 168, PAGES 53 THROUGH 63 OF
RECORD OF SURVEYS.
BEARINGS AND DISTANCES ARE REFERENCED TO THE CALIFORNIA COORDINATE SYSTEM,
ZONE 5 GRID, NAD83(2011) CSRS EPOCH 2017.50. TO OBTAIN GROUND LEVEL
DISTANCES, MULTIPLY GRID DISTANCES BY 1.000060364. ETIWANDA AVENUE c)1
TEMP. CON ST.
EASEMENT
1,295 SQ. FT.
(SEE PAGE 2)
GUIDA
SURVEYING INC.
Job No. 0618-00016 BCORE.dwg
SBCTA RAIL CORRIDOR
PARCn J
COC NO, 507/ 50R LLA
DOC, NO, 20020026239 OF
THIS PLAT HAS BEEN PREPARED BY ME, OR
UNDER MY DI TION, IN CONFORMANCE WITH
THE PR L LAND SURVEYORS ACT.
10-07-2021
JUSTIN P. HEIGAT> PLS 6167 DATE
SCALE: 1"=300'
Exhibit B
Plat Map
Etiwanda Grade Separation Project
APN 229-291-55
Temporary Construction Easement
Page 1 of 2 Pages Exhibit B-2Resolution No. 2022-014 - Page 10 of 11 Page 362
SBCTA RAIL CORRIDOR
oz U') Q 0::f- . 0 LL<( 0 OS:2 z o 0 (XJ u o::w w u r--o OQ U')0... z O s:t 0:: w 0 U1 o:: 0 U<Cw<XJW 0... Ol• Ols: . f-z (/)
I
w :::::> z I w
<( 30'
I
�r ___ _!:1__Q I E)_ cir! 0�0 \ v,
<( �s� , ��S) , o <..{,<, r CJ </ \ , ---1 <0 0 z
<( r:'\ , ,)o ,.J ,, 6 � \ ,-\ c0CJ 3: 161 < -I \C, I-w 50' COURSE TABLE L 1 N8T55'05"E 50.03' (TIE) L2 Noo·o7•oo"E 31.64' u s89·52'07"E 42.00·L4 S00-07'00"W 30.02'L5 S8T55'05"W 42.03'
GUIDA
SURVEYING INC.
CDC DOC"
X
N
_J
Job No. 0618-00016 BCORE.dwg SCALE: 1 "=20'
NORTH LINE
�OF PARCEL 1
P J\RCE'.L J NO" 507 FOR LLA No" L3
L5
2002002b839 0 R
X
. )
X
) s:t _J
-1sOUTHOF PA LINE RCEL 1
TEMPORAR y CONSTRUC TION EASEMENT 1,295 SQ. FT. TPOB N.E. CORNER OF 50' ST. EASE DEDICATION PER DOC NO. 19980145780 OR
Exhibit B
Plat Map
Etiwanda Grade Separation Project
APN 229-291-55
Temporary Construction Easement
Page 2 of 2 Pages
Resolution No. 2022-014 - Page 11 of 11
Page 363
Resolution No. 2022-015 - Page 1 of 19
RESOLUTION NO. 2022-015
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY
INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE
ACQUISITION THEREOF IN CONNECTION WITH THE ETIWANDA GRADE
SEPARATION PROJECT (PERMANENT EASEMENT AND TEMPORARY
CONSTRUCTION EASEMENT OVER A PORTION OF APN 0229-291-22)
WHEREAS, the City of Rancho Cucamonga (“City”) is a municipal corporation in the
County of San Bernardino, State of California; and
WHEREAS, the City seeks to construct the Etiwanda Grade Separation Project (“Project”).
The Project requires the acquisition of additional right of way for grade separation. The
Project involves the widening and construction of Etiwanda Avenue as a four-lane grade
separated roadway over the Southern California Regional Rail Authority (“SCRRA”)/Burlington
Northern and Santa Fe Railroad (“BNSF”) San Gabriel subdivision, currently a two-lane at-grade
crossing. The Project will construct an overhead crossing, utilizing walls and embankments to
support the raised approaching roadway. It will span the railroad right-of-way and provide access
to adjacent properties. The Project will widen Etiwanda Avenue to four traffic lanes including a
painted median/left turn lane with bike lanes and sidewalks on each side and a northbound right
turn lane onto Whittram Avenue. When completed in 2024, the Project will reduce vehicle and
truck delays, as well as queuing. It will improve mobility, safety, and level of service at the
crossing, and it will provide for the safe transit of pedestrians, bicyclists, vehicles, trucks, and
trains. Furthermore, the Project will provide for improved response times in the area for first
responders such as police officers, firefighters, paramedics, and emergency medical technicians.
All work is consistent with the City’s General Plan of Circulation. The Plans for the Project are on
file with the Engineering Services Department and are incorporated herein by this reference; and
WHEREAS, the environmental effects of the Project were studied and analyzed pursuant
to the California Environmental Quality Act (“CEQA”), Public Resources Code Section 21000 et
seq., and the CEQA Guidelines, 14 Cal. Code Regs. Section 15000 et seq. (“CEQA Guidelines”).
City Staff determined that the Project was statutorily exempt pursuant to CEQA Article 18.
Statutory Exemptions, Section 15282. Other Statutory Exemptions, paragraph (g) as a railroad
grade separation project which eliminates and existing grade crossing or reconstructs an existing
grade separation. The City Council approved the Notice of Exemption and authorized Staff to file
the Notice of Exemption with the Office of Planning and Research and the County clerk as
specified in Section 21080.13(2) of the Public Resources Code. Said Notice of Exemption was
filed with the Office of Planning and Research and with the County of San Bernardino on or about
June 11, 2018 in accordance with the statutory requirements; and
WHEREAS, in connection with the proposed Resolution of Necessity, on January 19,
2022, City Staff reviewed the environmental documentation prepared in connection with the
Project. Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of
the Public Resources Code, City Staff concluded that no substantial changes have occurred in
the Project, no substantial changes have occurred in the circumstances under which the Project
is undertaken, and that the City has obtained no new information of substantial importance that
would require further environmental analysis. These environmental findings are the appropriate
findings with respect to the proposed acquisition of the Subject Property Interests.
ATTACHMENT 8Page364
Resolution No. 2022-015 - Page 2 of 19
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho
Cucamonga as follows:
SECTION 1. The Rancho Cucamonga City Council adopts Resolution No. 2022-015, A
Resolution of the City Council of the City of Rancho Cucamonga, California, Declaring Certain
Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof
in Connection with the Etiwanda Grade Separation Project (permanent easement and a
temporary construction easement on portions of APN 0229-291-22).
SECTION 2. The City seeks to acquire by eminent domain the real property interest
described below in Section 3 of this Resolution for public use, namely grade separation and
related purposes, and all uses necessary or convenient thereto in connection with the Etiwanda
Grade Separation Project pursuant to the authority conferred on the City of Rancho Cucamonga
to acquire real property by eminent domain by Section 19 of Article 1 of the California Constitution,
Government Code Sections 37350, 37350.5, 37351, 40401, and 40404, California Code of Civil
Procedure Section 1230.010 et seq. (Eminent Domain Law), including but not limited to Sections
1240.010, 1240.020, 1240.110, 1240.120, 1240.150, 1240.510, 1240.610, 1240.650, and by
other provisions of law.
SECTION 3. The City seeks to acquire an approximate 52,464 square foot permanent
easement and an approximate 1,972 square foot temporary construction easement with a term
of 18 months over portions of the real property located at 8949 Etiwanda Avenue, Rancho
Cucamonga, California, and further identified as San Bernardino County Tax Assessor’s Parcel
Number 0229-291-22 in connection with the Project. The permanent easement and the
temporary construction easement are collectively referred to herein as “Subject Property Interest,”
and APN 0229-291-22 is referred to herein as “SCE Parcel.” The Subject Property Interest is
described more particularly in Exhibit “A” and depicted on Exhibit “B”, which are attached hereto
and incorporated herein by this reference.
SECTION 4. The environmental effects of the acquisition of the Subject Property Interest
were studied as an integral part of the environmental review for the Project. In connection with
the proposed Resolution of Necessity, on January 19, 2022, City Staff reviewed the environmental
documentation prepared in connection with the Project. Pursuant to the criteria of Section 15162
of the CEQA Guidelines and Section 21166 of the Public Resources Code, City staff concluded
that no substantial changes have occurred in the Project, no substantial changes have occurred
in the circumstances under which the Project is undertaken, and that the City has obtained no
new information of substantial importance that would require further environmental analysis.
These environmental findings are the appropriate findings with respect to the proposed acquisition
of the Subject Property Interest.
SECTION 5. The Project, as planned and designed, is in the public interest and necessity
and is needed to improve vehicle and rail safety, traffic mobility, and surface transportation, as
more fully explained below:
A.The Project requires the acquisition of additional right of way for grade
separation. The Project involves the widening and construction of Etiwanda Avenue as a four-
lane grade separated roadway over the SCRRA/BNSF San Gabriel subdivision, currently a two-
lane at-grade crossing. The Project will construct an overhead crossing, utilizing walls and
embankments to support the raised approaching roadway. It will span the railroad right-of-way
and provide access to adjacent properties. The Project will widen Etiwanda Avenue to four traffic
lanes including a painted median/left turn lane with bike lanes and sidewalks on each side and a
Page 365
Resolution No. 2022-015 - Page 3 of 19
northbound right turn lane onto Whittram Avenue. When completed in 2024, the Project will
reduce vehicle and truck delays, as well as queuing. It will improve mobility, safety, and level of
service at the crossing, and it will provide for the safe transit of pedestrians, bicyclists, vehicles,
trucks, and trains. Furthermore, the Project will provide for improved response times in the area
for first responders such as police officers, firefighters, paramedics, and emergency medical
technicians. All work is consistent with the City’s General Plan of Circulation.
B. The Project will reduce vehicle and truck delays, improve safety and level
of service at the crossing, and it will provide for the safe transit of pedestrians, bicyclists, vehicles,
trucks, and trains. Additionally, the Project will provide for improved response times in the area
for first responders such as police officers, firefighters, paramedics, and emergency medical
technicians. Accordingly, the Project will benefit the residents and businesses of the City and the
community as a whole.
C. The Project, as planned and designed, is consistent with the Circulation
Element of the General Plan, which designated Etiwanda Avenue as a four-lane major arterial
road. Anticipating the future growth of the SCRRA/BNSF corridor, the City’s General Plan
identified this area to be grade separated. The City seeks to acquire the Subject Property Interest
for public use, namely grade separation and related purposes, and all uses necessary or
convenient thereto in connection with the Project. The City seeks to construct the Project to
improve mobility, safety, and level of service at the crossing.
D. The Project was planned and located to minimize the impact on the
adjacent properties. Because of its scope, the Project requires the acquisition of several
permanent easements and temporary construction easements over portions of 10 larger parcels,
as well as fee interests in two parcels owned by private property owners. The construction of the
Project will require some business/residential relocations. The City will coordinate the
construction with the owner of the Subject Property Interest to minimize the impact of the Project
on the parcel. Based on the timing of the Project, it is necessary that the City consider the
acquisition by eminent domain of the required Subject Property Interest.
SECTION 6.
A. Pursuant to Government Code Section 7260 et seq., the City of Rancho
Cucamonga obtained a fair market value appraisal of the SCE Parcel, the approximate 52,464
square foot permanent easement and the approximate 1,972 square foot temporary construction
easement with a term of 18 months the City seeks to acquire for public use public use, namely
grade separation and related purposes, and all uses necessary or convenient thereto.
B. The City set just compensation in accordance with the appraised fair
market value, and extended a written offer on November 23, 2021 to Southern California Edison
Company, the owner of record. The fair market value appraisal used a date of value of October
14, 2021.
C. The City’s written offer included an informational pamphlet describing the
eminent domain process and the record owner’s rights under the Eminent Domain Law. In
accordance with Government Code Section 7267.2, the City’s written offer contained a written
statement of, and summary of the basis for, the amount it established as just compensation. The
offer set forth the date of value utilized by the appraiser and explained the appraiser’s opinion of
the highest and best use of the larger parcel. It explained the applicable zoning designation of
the larger parcel. The City’s offer also summarized the principal transactions relied on by the
Page 366
Resolution No. 2022-015 - Page 4 of 19
appraiser to arrive at the appraiser’s opinion of value. In addition, the written offer explained the
appraiser’s valuation analysis, including severance damages. It included the City’s comparable
market data relied on by the appraiser. Further, the City offered, pursuant to Code of Civil
Procedure Section 1263.025, to pay the record owner the reasonable costs, up to $5,000.00, for
an independent appraisal of the approximate 52,464 square foot permanent easement area and
the approximate 1,972 square foot temporary construction easement area.
SECTION 7. The City provided written notice to the owner of record, pursuant to Code
of Civil Procedure section 1245.235 of the City Council’s intent to consider the adoption of a
Resolution of Necessity for the acquisition of the Subject Property Interest by eminent domain.
SECTION 8. The public use for which the City seeks to acquire the Subject Property
Interest, namely grade separation and related purposes, and all uses necessary or convenient
thereto, will not unreasonably interfere with or impair the continuance of the public use to which
any easement holders may have appropriated the area (Code of Civil Procedure Section
1240.510). Further, the Project may require the relocation of several utilities to the new right-of-
way area. The public use for which the City seeks to acquire the Subject Property Interest, namely
grade separation and related purposes, and all uses necessary or convenient thereto, is a more
necessary public use within the meaning of Code of Civil Procedure Section 1240.650 than the
uses to which public utility easement holders have appropriated any utility easements located on
or within the area of the Subject Property Interest that are affected by the Project. Accordingly,
the City is authorized to acquire the Subject Property Interest pursuant to Code of Civil Procedure
Sections 1240.510, 1240.610, and 1240.650.
SECTION 9. Based on the evidence presented at the hearing regarding the Project,
including the Agenda Report and documents referenced therein and any oral and written
testimony at the hearing, the City Council hereby finds and determines that:
A. The public interest and necessity require the Project;
B. The Project is planned and located in the manner that will be most
compatible with the greatest public good and the least private injury;
C. The Subject Property Interest described more particularly in Exhibit “A” and
depicted on Exhibit “B” hereto, is necessary for the Project; and
D. The City has made the offer required by Government Code Section 7267.2
to the record owner of the Subject Property Interest the City seeks to acquire.
SECTION 10. The findings and declarations contained in this Resolution are based upon
the record before the City Council, including the Agenda Report and all documents referenced
therein, all of which are incorporated herein by this reference, and any testimony and/or
comments submitted to the City by the record owner and or the owner’s representative(s). These
documents include, but are not limited to the City of Rancho Cucamonga’s General Plan, the offer
letter sent to the owner pursuant to Government Code Section 7267.2, the notice to the record
owner pursuant to Code of Civil Procedure Section 1245.235 of the City’s intent to consider the
adoption of the Resolution of Necessity, Grade Separation Plans for the Project, and the Notice
of Exemption for the Project.
SECTION 11. The City Council of the City of Rancho Cucamonga hereby authorizes and
directs the City Attorney’s Office to take all steps necessary to commence and prosecute legal
Page 367
Resolution No. 2022-015 - Page 5 of 19
proceedings in a court of competent jurisdiction to acquire an approximate 52,464 square foot
permanent easement and an approximate 1,972 square foot temporary construction easement
with a term of 18 months for the Project. The Subject Property Interest is described more
particularly on Exhibit “A” and depicted on Exhibit “B” hereto.
SECTION 12. The City Council of the City of Rancho Cucamonga hereby authorizes the
City Manager to execute all necessary documents in connection with the eminent domain
proceeding.
SECTION 13. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 19th day of January, 2022.
________________________
L. Dennis Michael, Mayor
City of Rancho Cucamonga
ATTEST:
Janice C. Reynolds, City Clerk
City of Rancho Cucamonga
APPROVED AS TO FORM:
Nicholas R. Ghirelli, City Attorney
Richards, Watson & Gershon
CERTIFICATION:
I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, California, do hereby certify
that the foregoing Resolution No. 2022-015, was duly adopted by the City Council of the City of
Rancho Cucamonga, California, at a regular meeting thereof held on the 19th day of January,
2022, by the following vote, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________
Janice C. Reynolds, City Clerk
City of Rancho Cucamonga, California
Page 368
EXHIBIT "A"
LEGAL DESCRIPTION
APN: 0229-291-22
SERIAL NO.
PERMANENT ROAD EASEMENT
THAT PORTION OF THE WEST ONE-HALF OF SECTION 16 IN TOWNSHIP 1 SOUTH,
RANGE 6 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF RANCHO
CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING
TO THE OFFICIAL PLAT THEREOF, SAID PORTION BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF ETIWANDA AVENUE AND
NAPA STREET AS SHOWN ON RECORD OF SURVEY 19-0109, FILED IN BOOK 168,
PAGES 53 THROUGH 63, OF RECORDS OF SURVEYS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY;
THENCE ALONG SAID CENTERLINE OF ETIWANDA AVENUE NORTH 00°17'46" EAST,
76.07 FEET;
THENCE LEAVING SAID CENTERLINE OF ETIWANDA AVENUE SOUTH 89°42'14" EAST,
40.00 FEET TO THE INTERSECTION OF THE EASTERLY LINE AND THE GENERALLY
NORTHEASTERLY LINE OF THE VARIABLE WIDTH ROAD EASEMENT GRANTED TO
THE CITY OF RANCHO CUCAMONGA PER THE DOCUMENT RECORDED JANUARY 23,
1997 AS INSTRUMENT NO. 19970023100, OF OFFICIAL RECORDS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY, SAID POINT BEING THE
TRUE POINT OF BEGINNING;
THENCE ALONG SAID EASTERLY LINE OF INSTRUMENT NO. 19970023100
NORTH 00°17'46" EAST, 620.58 FEET TO THE NORTHERLY LINE OF SAID SECTION 16;
THENCE LEAVING SAID EASTERLY LINE OF INSTRUMENT NO. 19970023100 AND
ALONG SAID NORTHERLY LINE OF SECTION 16 NORTH 88°57'20" EAST, 10.00 FEET;
THENCE LEAVING SAID NORTHERLY LINE OF SECTION 16 SOUTH 00°07'00" WEST,
32.29 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE EASTERLY,
HAVING A RADIUS OF 193.00 FEET, A RADIAL LINE TO SAID BEGINNING OF CURVE
BEARS SOUTH 82°07'25" WEST;
THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
09°43'27" AN ARC LENGTH OF 32.76 FEET;
THENCE SOUTH 17°36'02" EAST, 7.64 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 5.00 FEET;
THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 27°43'31" AN ARC LENGTH OF 2.42 FEET;
Page 1 of 3
Exhibit A-1
Page 1 of 3
EXHIBIT “A”
LEGAL DESCRIPTION
APN: 0229-291-22
SERIAL NO. ______
PERMANENT ROAD EASEMENT
THAT PORTION OF THE WEST ONE-HALF OF SECTION 16 IN TOWNSHIP 1 SOUTH,
RANGE 6 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF RANCHO
CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING
TO THE OFFICIAL PLAT THEREOF, SAID PORTION BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF ETIWANDA AVENUE AND
NAPA STREET AS SHOWN ON RECORD OF SURVEY 19-0109, FILED IN BOOK 168,
PAGES 53 THROUGH 63, OF RECORDS OF SURVEYS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY;
THENCE ALONG SAID CENTERLINE OF ETIWANDA AVENUE NORTH 00°17'46" EAST,
76.07 FEET;
THENCE LEAVING SAID CENTERLINE OF ETIWANDA AVENUE SOUTH 89°42'14" EAST,
40.00 FEET TO THE INTERSECTION OF THE EASTERLY LINE AND THE GENERALLY
NORTHEASTERLY LINE OF THE VARIABLE WIDTH ROAD EASEMENT GRANTED TO
THE CITY OF RANCHO CUCAMONGA PER THE DOCUMENT RECORDED JANUARY 23,
1997 AS INSTRUMENT NO. 19970023100, OF OFFICIAL RECORDS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY, SAID POINT BEING THE
TRUE POINT OF BEGINNING;
THENCE ALONG SAID EASTERLY LINE OF INSTRUMENT NO. 19970023100
NORTH 00°17'46" EAST, 620.58 FEET TO THE NORTHERLY LINE OF SAID SECTION 16;
THENCE LEAVING SAID EASTERLY LINE OF INSTRUMENT NO. 19970023100 AND
ALONG SAID NORTHERLY LINE OF SECTION 16 NORTH 88°57'20" EAST, 10.00 FEET;
THENCE LEAVING SAID NORTHERLY LINE OF SECTION 16 SOUTH 00°07'00" WEST,
32.29 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE EASTERLY,
HAVING A RADIUS OF 193.00 FEET, A RADIAL LINE TO SAID BEGINNING OF CURVE
BEARS SOUTH 82°07'25" WEST;
THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
09°43'27" AN ARC LENGTH OF 32.76 FEET;
THENCE SOUTH 17°36'02" EAST, 7.64 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 5.00 FEET;
THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 27°43'31" AN ARC LENGTH OF 2.42 FEET;
Exhibit A-1
Resolution No. 2022-015 - Page 6 of 19 Page 369
SERIAL NO.
THENCE NON-TANGENT TO SAID CURVE NORTH 75°52'32" EAST, 4.60 FEET;
THENCE SOUTH 14°07'28" EAST, 55.75 FEET;
THENCE SOUTH 75°52'32" WEST, 5.37 FEET TO THE BEGINNING OF A NON-TANGENT
CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 283.00 FEET, A RADIAL LINE
TO SAID BEGINNING OF CURVE BEARS NORTH 81°31'15" EAST;
THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
08°35'45" AN ARC LENGTH OF 42.46 FEET;
THENCE SOUTH 00°07'00" WEST, 82.77 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 273.00 FEET;
THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 29°49'09" AN ARC LENGTH OF 142.08 FEET;
THENCE SOUTH 29°42'09" EAST, 181.81 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 77.00 FEET;
THENCE SOUTHEASTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 30°00'00" AN ARC LENGTH OF 40.32 FEET;
THENCE SOUTH 00°17'51" WEST, 43.19 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 38.00 FEET;
THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 71°56'07" AN ARC LENGTH OF 47.71 FEET TO THE CITY
BOUNDARY LINE OF RANCHO CUCAMONGA AS SHOWN ON SAID RECORD OF
SURVEY 19-0109;
THENCE NON-TANGENT TO SAID CURVE AND ALONG SAID CITY BOUNDARY LINE
NORTH 89°46'08" WEST, 151.75 FEET TO THE INTERSECTION OF SAID GENERALLY
NORTHEASTERLY LINE OF INSTRUMENT NO. 19970023100;
THENCE LEAVING SAID CITY BOUNDARY LINE AND ALONG SAID GENERALLY
NORTHEASTERLY LINE OF INSTRUMENT NO. 19970023100 NORTH 41°12'57" WEST,
57.41 FEET TO AN ANGLE POINT IN SAID GENERALLY NORTHEASTERLY LINE OF
INSTRUMENT NO. 19970023100;
THENCE CONTINUING ALONG SAID GENERALLY NORTHEASTERLY LINE OF SAID
INSTRUMENT NO. 19970023100 NORTH 89°42'14" WEST, 11.99 FEET TO THE
TRUE POINT OF BEGINNING.
Page 2 of 3 Page 2 of 3
SERIAL NO. ______
THENCE NON-TANGENT TO SAID CURVE NORTH 75°52'32" EAST, 4.60 FEET;
THENCE SOUTH 14°07'28" EAST, 55.75 FEET;
THENCE SOUTH 75°52'32" WEST, 5.37 FEET TO THE BEGINNING OF A NON -TANGENT
CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 283.00 FEET, A RADIAL LINE
TO SAID BEGINNING OF CURVE BEARS NORTH 81°31'15" EAST;
THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
08°35'45" AN ARC LENGTH OF 42.46 FEET;
THENCE SOUTH 00°07'00" WEST, 82.77 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 273.00 FEET;
THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 29°49'09" AN ARC LENGTH OF 142.08 FEET;
THENCE SOUTH 29°42'09" EAST, 181.81 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 77.00 FEET;
THENCE SOUTHEASTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 30°00'00" AN ARC LENGTH OF 40.32 FEET;
THENCE SOUTH 00°17'51" WEST, 43.19 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 38.00 FEET;
THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 71°56'07" AN ARC LENGTH OF 47.71 FEET TO THE CITY
BOUNDARY LINE OF RANCHO CUCAMONGA AS SHOWN ON SAID RECORD OF
SURVEY 19-0109;
THENCE NON-TANGENT TO SAID CURVE AND ALONG SAID CITY BOUNDARY LINE
NORTH 89°46'08" WEST, 151.75 FEET TO THE INTERSECTION OF SAID GENERALLY
NORTHEASTERLY LINE OF INSTRUMENT NO. 19970023100;
THENCE LEAVING SAID CITY BOUNDARY LINE AND ALONG SAID GENERALLY
NORTHEASTERLY LINE OF INSTRUMENT NO. 19970023100 NORTH 41°12'57" WEST,
57.41 FEET TO AN ANGLE POINT IN SAID GENERALLY NORTHEASTERLY LINE OF
INSTRUMENT NO. 19970023100;
THENCE CONTINUING ALONG SAID GENERALLY NORTHEASTERLY LINE OF SAID
INSTRUMENT NO. 19970023100 NORTH 89°42'14" WEST, 11.99 FEET TO THE
TRUE POINT OF BEGINNING.
Resolution No. 2022-015 - Page 7 of 19 Page 370
SERIAL NO.
CONTAINING A GRID AREA 52,464 SQUARE FEET OR 1.204 ACRES, MORE OR LESS.
THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTIONS ARE
CALIFORNIA COORDINATE SYSTEM OF 1983 (CCS83), ZONE 5 GRID, CSRS EPOCH
2017.50 (NAD83 2011), ALL DISTANCES SHOWN ARE GRID, TO OBTAIN GROUND
DISTANCES DIVIDE BY 0.99993964.
ALL FOUND MONUMENT DESCRIPTIONS AND BASIS OF BEARINGS ARE AS SHOWN
ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
THIS DESCRIPTION IS NOT INTENDED FOR USE IN THE CONVEYANCE OF LAND IN
VIOLATION OF THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA.
THIS DOCUMENT HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN
CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT.
PRELIMINARY
7/7/21
TIMOTHY S. FETTIG P.L.S. 7542 DATE
Page 3 of 3 Page 3 of 3
SERIAL NO. ______
CONTAINING A GRID AREA 52,464 SQUARE FEET OR 1.204 ACRES, MORE OR LESS.
THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTIONS ARE
CALIFORNIA COORDINATE SYSTEM OF 1983 (CCS83), ZONE 5 GRID, CSRS EPOCH
2017.50 (NAD83 2011), ALL DISTANCES SHOWN ARE GRID, TO OBTAIN GROUND
DISTANCES DIVIDE BY 0.99993964.
ALL FOUND MONUMENT DESCRIPTIONS AND BASIS OF BEARINGS ARE AS SHOWN
ON EXHIBIT “B” ATTACHED HERETO AND MADE A PART HEREOF.
THIS DESCRIPTION IS NOT INTENDED FOR USE IN THE CONVEYANCE OF LAND IN
VIOLATION OF THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA.
THIS DOCUMENT HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN
CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR’S ACT.
PRELIMINARY
__________________________________________________ ________________________
TIMOTHY S. FETTIG P.L.S. 7542 DATE
7/7/21
Resolution No. 2022-015 - Page 8 of 19 Page 371
EXHIBIT "A"
LEGAL DESCRIPTION
APN: 0229-291-22
SERIAL NO.
TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF THE WEST ONE-HALF OF SECTION 16 IN TOWNSHIP 1 SOUTH,
RANGE 6 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF RANCHO
CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING
TO THE OFFICIAL PLAT THEREOF, SAID PORTION BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF ETIWANDA AVENUE AND
NAPA STREET AS SHOWN ON RECORD OF SURVEY 19-0109, FILED IN BOOK 168,
PAGES 53 THROUGH 63, OF RECORDS OF SURVEYS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY;
THENCE ALONG SAID CENTERLINE OF ETIWANDA AVENUE NORTH 00°17'46" EAST,
76.07 FEET;
THENCE LEAVING SAID CENTERLINE OF ETIWANDA AVENUE SOUTH 89°42'14" EAST,
40.00 FEET TO THE INTERSECTION OF THE EASTERLY LINE AND THE GENERALLY
NORTHEASTERLY LINE OF THE VARIABLE WIDTH ROAD EASEMENT GRANTED TO
THE CITY OF RANCHO CUCAMONGA PER THE DOCUMENT RECORDED JANUARY 23,
1997 AS INSTRUMENT NO. 19970023100, OF OFFICIAL RECORDS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY;
THENCE ALONG SAID EASTERLY LINE OF INSTRUMENT NO. 19970023100
NORTH 00°17'46" EAST, 620.58 FEET TO THE NORTHERLY LINE OF SAID SECTION 16;
THENCE LEAVING SAID EASTERLY LINE OF INSTRUMENT NO. 19970023100 AND
ALONG SAID NORTHERLY LINE OF SECTION 16 NORTH 88°57'20" EAST, 10.00 FEET TO
THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID NORTHERLY LINE OF SECTION 16 SOUTH 00°07'00" WEST,
32.29 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE EASTERLY,
HAVING A RADIUS OF 193.00 FEET, A RADIAL LINE TO SAID BEGINNING OF CURVE
BEARS SOUTH 82°07'25" WEST;
THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
09°43'27" AN ARC LENGTH OF 32.76 FEET;
THENCE SOUTH 17°36'02" EAST, 7.64 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 5.00 FEET;
THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 27°43'31" AN ARC LENGTH OF 2.42 FEET;
Page 1 of 4
Exhibit A-2
Page 1 of 4
EXHIBIT “A”
LEGAL DESCRIPTION
APN: 0229-291-22
SERIAL NO. ______
TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF THE WEST ONE-HALF OF SECTION 16 IN TOWNSHIP 1 SOUTH,
RANGE 6 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF RANCHO
CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING
TO THE OFFICIAL PLAT THEREOF, SAID PORTION BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF ETIWANDA AVENUE AND
NAPA STREET AS SHOWN ON RECORD OF SURVEY 19-0109, FILED IN BOOK 168,
PAGES 53 THROUGH 63, OF RECORDS OF SURVEYS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY;
THENCE ALONG SAID CENTERLINE OF ETIWANDA AVENUE NORTH 00°17'46" EAST,
76.07 FEET;
THENCE LEAVING SAID CENTERLINE OF ETIWANDA AVENUE SOUTH 89°42'14" EAST,
40.00 FEET TO THE INTERSECTION OF THE EASTERLY LINE AND THE GENERALLY
NORTHEASTERLY LINE OF THE VARIABLE WIDTH ROAD EASEMENT GRANTED TO
THE CITY OF RANCHO CUCAMONGA PER THE DOCUMENT RECORDED JANUARY 23,
1997 AS INSTRUMENT NO. 19970023100, OF OFFICIAL RECORDS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY;
THENCE ALONG SAID EASTERLY LINE OF INSTRUMENT NO. 19970023100
NORTH 00°17'46" EAST, 620.58 FEET TO THE NORTHERLY LINE OF SAID SECTION 16;
THENCE LEAVING SAID EASTERLY LINE OF INSTRUMENT NO. 19970023100 AND
ALONG SAID NORTHERLY LINE OF SECTION 16 NORTH 88°57'20" EAST, 10.00 FEET TO
THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID NORTHERLY LINE OF SECTION 16 SOUTH 00°07'00" WEST,
32.29 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE EASTERLY,
HAVING A RADIUS OF 193.00 FEET, A RADIAL LINE TO SAID BEGINNING OF CURVE
BEARS SOUTH 82°07'25" WEST;
THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
09°43'27" AN ARC LENGTH OF 32.76 FEET;
THENCE SOUTH 17°36'02" EAST, 7.64 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 5.00 FEET;
THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 27°43'31" AN ARC LENGTH OF 2.42 FEET;
Exhibit A-2
Resolution No. 2022-015 - Page 9 of 19 Page 372
SERIAL NO.
THENCE NON-TANGENT TO SAID CURVE NORTH 75°52'32" EAST, 4.60 FEET;
THENCE SOUTH 14°07'28" EAST, 55.75 FEET;
THENCE SOUTH 75°52'32" WEST, 5.37 FEET TO THE BEGINNING OF A NON-TANGENT
CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 283.00 FEET, A RADIAL LINE
TO SAID BEGINNING OF CURVE BEARS NORTH 81°31'15" EAST;
THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
08°35'45" AN ARC LENGTH OF 42.46 FEET;
THENCE SOUTH 00°07'00" WEST, 82.77 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 273.00 FEET;
THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 29°49'09" AN ARC LENGTH OF 142.08 FEET;
THENCE SOUTH 29°42'09" EAST, 181.81 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 77.00 FEET;
THENCE SOUTHEASTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 30°00'00" AN ARC LENGTH OF 40.32 FEET;
THENCE SOUTH 00°17'51" WEST, 43.19 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 38.00 FEET;
THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 71°56'07" AN ARC LENGTH OF 47.71 FEET TO THE CITY
BOUNDARY LINE OF RANCHO CUCAMONGA AS SHOWN ON SAID RECORD OF
SURVEY 19-0109;
THENCE NON-TANGENT TO SAID CURVE AND ALONG SAID CITY BOUNDARY LINE
SOUTH 89°46'08" EAST, 9.61 FEET;
THENCE LEAVING SAID CITY BOUNDARY LINE NORTH 03°44'43" EAST, 0.18 FEET TO
THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING
A RADIUS OF 36.00 FEET, A RADIAL LINE TO SAID BEGINNING OF CURVE BEARS
SOUTH 03°44'43" WEST;
THENCE WESTERLY, NORTHWESTERLY, AND NORTHERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 86°33'08" AN ARC LENGTH OF 54.38 FEET;
THENCE NORTH 00°17'51" EAST, 43.19 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 79.00 FEET;
Page 2 of 4
SERIAL NO. ______
THENCE NON-TANGENT TO SAID CURVE NORTH 75°52'32" EAST, 4.60 FEET;
THENCE SOUTH 14°07'28" EAST, 55.75 FEET;
THENCE SOUTH 75°52'32" WEST, 5.37 FEET TO THE BEGINNING OF A NON -TANGENT
CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 283.00 FEET, A RADIAL LINE
TO SAID BEGINNING OF CURVE BEARS NORTH 81°31'15" EAST;
THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
08°35'45" AN ARC LENGTH OF 42.46 FEET;
THENCE SOUTH 00°07'00" WEST, 82.77 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 273.00 FEET;
THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 29°49'09" AN ARC LENGTH OF 142.08 FEET;
THENCE SOUTH 29°42'09" EAST, 181.81 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 77.00 FEET;
THENCE SOUTHEASTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 30°00'00" AN ARC LENGTH OF 40.32 FEET;
THENCE SOUTH 00°17'51" WEST, 43.19 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 38.00 FEET;
THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 71°56'07" AN ARC LENGTH OF 47.71 FEET TO THE CITY
BOUNDARY LINE OF RANCHO CUCAMONGA AS SHOWN ON SAID RECORD OF
SURVEY 19-0109;
THENCE NON-TANGENT TO SAID CURVE AND ALONG SAID CITY BOUNDARY LINE
SOUTH 89°46'08" EAST, 9.61 FEET;
THENCE LEAVING SAID CITY BOUNDARY LINE NORTH 03°44'43" EAST, 0.18 FEET TO
THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING
A RADIUS OF 36.00 FEET, A RADIAL LINE TO SAID BEGINNING OF CURVE BEARS
SOUTH 03°44'43" WEST;
THENCE WESTERLY, NORTHWESTERLY, AND NORTHERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 86°33'08" AN ARC LENGTH OF 54.38 FEET;
THENCE NORTH 00°17'51" EAST, 43.19 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 79.00 FEET;
Page 2 of 4
Resolution No. 2022-015 - Page 10 of 19 Page 373
SERIAL NO.
THENCE NORTHERLY AND NORTHWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 30°00'00" AN ARC LENGTH OF 41.36 FEET;
THENCE NORTH 29°42'09" WEST, 181.81 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 271.00 FEET;
THENCE NORTHWESTERLY AND NORTHERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 29°49'09" AN ARC LENGTH OF 141.04 FEET;
THENCE NORTH 00°07'00" EAST, 82.77 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 285.00 FEET;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
08°13'53" AN ARC LENGTH OF 40.94 FEET;
THENCE NON-TANGENT TO SAID CURVE NORTH 75°52'32" EAST, 14.32 FEET;
THENCE NORTH 14°06'10" WEST, 59.75 FEET;
THENCE SOUTH 75°52'32" WEST, 14.07 FEET;
THENCE NORTH 17°36'02" WEST, 8.05 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 191.00 FEET;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
09°40'56" AN ARC LENGTH OF 32.28 FEET;
THENCE NON-TANGENT TO SAID CURVE NORTH 00°07'00" EAST, 32.19 FEET TO SAID
NORTHERLY LINE OF SECTION 16;
THENCE ALONG SAID NORTHERLY LINE OF SECTION 16 SOUTH 88°57'20" WEST,
2.00 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING A GRID AREA 1,972 SQUARE FEET OR 0.045 ACRES, MORE OR LESS.
THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTIONS ARE
CALIFORNIA COORDINATE SYSTEM OF 1983 (CCS83), ZONE 5 GRID,
CSRS EPOCH 2017.50 (NAD83 2011), ALL DISTANCES SHOWN ARE GRID, TO OBTAIN
GROUND DISTANCES DIVIDE BY 0.99993964.
ALL FOUND MONUMENT DESCRIPTIONS AND BASIS OF BEARINGS ARE AS SHOWN
ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
Page 3 of 4
SERIAL NO. ______
THENCE NORTHERLY AND NORTHWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 30°00'00" AN ARC LENGTH OF 41.36 FEET;
THENCE NORTH 29°42'09" WEST, 181.81 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 271.00 FEET;
THENCE NORTHWESTERLY AND NORTHERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 29°49'09" AN ARC LENGTH OF 141.04 FEET;
THENCE NORTH 00°07'00" EAST, 82.77 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 285.00 FEET;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
08°13'53" AN ARC LENGTH OF 40.94 FEET;
THENCE NON-TANGENT TO SAID CURVE NORTH 75°52'32" EAST, 14.32 FEET;
THENCE NORTH 14°06'10" WEST, 59.75 FEET;
THENCE SOUTH 75°52'32" WEST, 14.07 FEET;
THENCE NORTH 17°36'02" WEST, 8.05 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 191.00 FEET;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
09°40'56" AN ARC LENGTH OF 32.28 FEET;
THENCE NON-TANGENT TO SAID CURVE NORTH 00°07'00" EAST, 32.19 FEET TO SAID
NORTHERLY LINE OF SECTION 16;
THENCE ALONG SAID NORTHERLY LINE OF SECTION 16 SOUTH 88°57'20" WEST,
2.00 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING A GRID AREA 1,972 SQUARE FEET OR 0.045 ACRES, MORE OR LESS.
THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTIONS ARE
CALIFORNIA COORDINATE SYSTEM OF 1983 (CCS83), ZONE 5 GRID,
CSRS EPOCH 2017.50 (NAD83 2011), ALL DISTANCES SHOWN ARE GRID, TO OBTAIN
GROUND DISTANCES DIVIDE BY 0.99993964.
ALL FOUND MONUMENT DESCRIPTIONS AND BASIS OF BEARINGS ARE AS SHOWN
ON EXHIBIT “B” ATTACHED HERETO AND MADE A PART HEREOF.
Page 3 of 4
Resolution No. 2022-015 - Page 11 of 19 Page 374
SERIAL NO.
THIS DESCRIPTION IS NOT INTENDED FOR USE IN THE CONVEYANCE OF LAND IN
VIOLATION OF THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA.
THIS DOCUMENT HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN
CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT.
PRELIMINARY
7/7/21
TIMOTHY S. FETTIG P.L.S. 7542 DATE
Page 4 of 4 Page 4 of 4
SERIAL NO. ______
THIS DESCRIPTION IS NOT INTENDED FOR USE IN THE CONVEYANCE OF LAND IN
VIOLATION OF THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA.
THIS DOCUMENT HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN
CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR’S ACT.
PRELIMINARY
__________________________________________________ ________________________
TIMOTHY S. FETTIG P.L.S. 7542 DATE
7/7/21
Resolution No. 2022-015 - Page 12 of 19 Page 375
j'a l!CRIPca P
ACCOMPANY
LAT TO
LEGAL DESCRIP710N EXHIBIT "B"
THAT PORTION OF THE WEST ONE—HALF OF SECTION 16 IN TOWNSHIP 1
BERNARDINO MERIDIAN, IN THE CITY OF RANCHO CUCAMONGA, COUNTY
OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
P.O.C.
CENTERLINE
INTERSECTION
CITY OF
RANCHO CUCAMONGA
— - - - — - - - COUNTY OF
SAN BERNARDINO
PORTION APN
0229-291-23
33'
0 100
FOUND MAG NAIL AND WASHER
MARKED "LS 6932" PER R.S.B.
168/53-63, FLUSH IN ASPHALT
SOUTH, RANGE 6 WEST, SAN
OF SAN BERNARDINO, STATE
THEREOF.
SEE SHEET 2 OF 3 FOR DETAIL 'B'
SEE SHEET 3 OF 3 FOR BASIS OF BEARINGS,
LEGEND, EASEMENT NOTES, SURVEYOR'S NOTE,
DETAIL 'A, AND LINE AND CURVE TABLES
lc) (BASIS OF BEARINGS)
(N 0077'46" E R.S.B. 168/53-63)
<1- ET I WANDA AVENUE
N 0077'46" E 620.58'
\' T.P.O.B. \\\
R/W LINE \PERM ANE,N \F4OAD EASEMENT
(52>I-6\4
(1.204 AC.)
331 1 L10 C4 s W 18.21'44R—AD. — —
C7-1. 0'
POR.
- 4f
33' I Z;Ic
I .
200
SCALE IN FEET
APN 0229-291-23
.40 9
R 1g2.08
S 44'40'27" W
RAD. •
R/W LINE
\NN 8131'15"E\
2866 O.R. 305
REC. 1 2/1 2/1 9 51
APN 0229-291-22
POR. SECTION 16
T.1.S., R.6W., S.B.M.
0 -EASTERLY LINE OF
INST. Na 19970023100 O.R.
RECORDED 1/23/1997
0- GENERALLY
NOR7HEAS7ERLY LINE OF
INST. Na 19970023100 O.R.
RECORDED 1/23/1997
RAD.
L9
PREPARED BY ME OR
C3
ir)
SEE
DETAIL 'A'
ON SHEET 2
L3
C1 L4
I L5 L S 82177'25" W
L8 RAD
H I
NORTHERLY LINE—N-1
OF SEC770N 16
T.1S, R.6W., S.B.M.
00
0'
I
UNDER MY DIRECTION:
PRELIMINARY 7/7/21
TIMOTHY S. FETTIG P.L.S. 7542 DATE (SHEET 1 OF 3)
PROJECT NAME: _______ MS•
ORDER NO.:____ NOT. NO.: ______ CITY: RANCHO CUCAMONGA COUNTY: SAN BERNARDINO STATE: CA
SURVEYED BY: N/A SCE F.B. REF.: ______ DATE: _______
DRAWN BY: DB MAP REF.: RECORD OF SURVEY 19-0109, R.S.B. 168/53-63
[El SOLTIMBIN CALEXIIINIA
IHNISCH
MEMNON INNINATIONAL• Comm,
CHECKED BY: JH TRES: SERIAL NO.: ______ ALE NAME: ______
EXHIBIT "B"Exhibit B-1Resolution No. 2022-015 - Page 13of 19 Page 376
EXHIBIT "B"
THAT PORTION OF THE WEST ONE-HALF OF SECTION 16 IN TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE
OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF.
CITY OF
RANCHO CUCAMONGA
COUNTY OF
SAN BERNARDINO
APN 0229-291-22 \ \ \ \ \ \
PERMANENT
u) ROAD EASEMENT.44
-c
®— GENERALLY
NORTHEASTERLY LINE OF
INST. NO. 19970023100 O.R.
RECORDED 1/23/1997
0 -NORTHERLY LINE OF
INST. NO. 20010368167 O.R.
RECORDED 8/14/2001
\ (5\2,4\64 s6.Ff.) (1.204 Ac.) \ CITY BOUNDARY
\ \ \ \ \ \LIRE
N 89'46'08" W 151.75'
PORTION APN 0229-291-23
NAPA STREET
DETAIL 'B'
NO SCALE
CITY OF
RANCHO CUCAMONGA
_ -
COUNTY OF Z
SAN BERNARDI
--V
BERNARD
:- ---- ----,
R/W LINE
SEE SHEET 3 OF 3 FOR BASIS OF
BEARINGS, LEGEND, EASEMENT NOTES,
SURVEYOR'S NOTE, DETAIL 'A, AND LINE
AND CURVE TABLES
(SHEET 2 OF 3)
PROJECT NAME: ___ M S •
ORDER NO.: _ NOT. NO.: _ CITY: RANCHO CUCAMONGA COUNTY: SAN BERNARDINO STATE: CA
SURVEYED BY: N/A SCE F.B. REF.: _ _ DATE: _ _
DRAWN BY: DB MAP REF.: RECORD OF SURVEY 19-0109, R.S.B. 168/53-63
rrOUMBIN CALIFOINIA
m IEDOS9 H
CHECKED BY: JH TRES: SERIAL NO.: _ ALE NAME: _ _
EXHIBIT "B"Resolution No. 2022-015 - Page 14 of 19 Page 377
THAT PORTION OF THE
BERNARDINO MERIDIAN,
OF
BASIS OF BEARINGS:
EXHIBIT "B"
WEST ONE-HALF OF SECTION 16 IN TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN
IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE
CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF.
THE BEARINGS SHOWN HEREON ARE BASED
ON THE CENTERLINE OF ETIWANDA A VENUE,
BEING N 0077'46" E, AS SHOWN ON
RECORD OF SURVEY 19-0109, FILED IN
R.S.B. 168/53-63, RECORDS OF SAID
COUNTY.
(XXXX)
•
APN
CSRS
INST.
LS
O.R.
P.O.C.
POR.
RAD.
REC.
R.S.B.
R/W
TP.aB.
SURVEYOR'S NOTE:
THE BEARINGS AND DISTANCES SHOWN ARE
CALIFORNIA COORDINATE SYSTEM OF 1983
(CCS83), ZONE 5 GRID, CSRS EPOCH 2017.50
(NAD83 2011).
ALL DISTANCES SHOWN ARE GRID, TO OBTAIN
GROUND DISTANCES DIVIDE BY 0.99993964.
LEGEND
INDICATES RECORD DATA PER RECORD OF SURVEY
19-0109, FILED IN BOOK 168, PAGES 53 THROUGH 63,
OF RECORDS OF SURVEYS (R.S.B. 168/53-63)
FOUND MONUMENT AS NOTED
ASSESSOR'S PARCEL NUMBER
CALIFORNIA SPATIAL REFERENCE SYSTEM
CENTERLINE
INSTRUMENT
LAND SURVEYOR
OFFICIAL RECORDS
POINT OF COMMENCEMENT
PORTION
RADIAL
RECORDED
RECORD OF SURVEY BOOK
RIGHT-OF-WAY
TRUE POINT OF BEGINNING
PERMANENT ROAD EASEMENT
52,508 SF, 1.205 AC
PARENT PARCEL
CITY BOUNDARY LINE
CENTERLINE
- — — - EASEMENT LINE
CURVE TABLE
NO. DELTA RADIUS LENGTH
Cl 09'43'27" 193.00' 32.76'
C2 2743'31" 5.00' 2.42'
C3 0835'45" 283.00' 42.46'
C4 30'00'00" 77.00' 40.32'
C5 7156'07" 38.00' 4771'
C2 Cl
.40'2---7!-- L6 s 44, g AD •
DETAIL 'A'
NO SCALE
L5
Li
EASEMENT NOTES
(D-40' HIDE EASEMENT FOR WATER PURPOSES
GRANTED TO THE METROPOLITAN WATER
DISTRICT OF SOUTHERN CALIFORNIA PER
1308/465. O.R., REC. 11/23/1938
0 -VARIABLE WIDTH EASEMENT FOR ROAD
PURPOSES GRANTED TO KAISER STEEL
CORPORATION PER 6390/303, O.R.
REC. 5/13/1965
0 -VARIABLE WIDTH AND 10' WIDE EASEMENT
FOR ROAD AND SEWER PURPOSES GRANTED
TO DAM F. BOLGER, TRUSTEE, PER INST.
NO. 94-334698, O.R., REC. 8/5/1994
LINE TABLE
NO. BEARING LENGTH
Ll N 0077'46" E 76.07'
L2 S 89'4274" E 40.00'
L3 N 8857'20" E 10.00'
L4 S 0007'00" W 32.29'
L5 S 1736'02' E Z64'
L6 N 7552'32" E 4.60'
L7 S 1407'28" E 55.75'
L8 S 7552'32" W 5.37'
L9 S 0007'00" W 82.77'
L10 S 0077'51" W 43.19'
L11 N 89'46'08" W 151.75'
L12 N 4172'57" W 57.41'
L13 N 89'42'14" W 11.99'
(SHEET 3 OF 3)
PROJECT NAME. M.S.: _ _
ORDER NO.: _ _ NOT. NO.: _ _ CITY: RANCHO CUCAMONGA COUNTY: SAN BERNARDINO STATE: CA
SURVEYED BY: N/A SCE F.B. REF • DATE: _
DRAWN BY: DB MAP REF.: RECORD OF SURVEY 19-0109, R.S.B. 168/53-63
MIN
ID
CAUFOINIA
LI EDEI SON*
JAMISON INTIRMUTONAL• Comm
CHECKED BY: JH TRES. SERIAL NO.: _ FILE NAME: _ _
SURVEYOR'S NOTE:BASIS OF BEARINGS:EASEMENT NOTES
LEGEND
EXHIBIT "B"Resolution No. 2022-015 - Page 15 of 19 Page 378
Z'a l!CRqxa P
ACCOMPANY
LAT TO
LEGAL DESCRIP710N EXHIBIT "B"
THAT PORTION OF THE WEST ONE-HALF OF SECTION 16 IN TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE
OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. SEE SHEET 2 OF 4 FOR DETAIL 'A'
SEE SHEET 3 OF 4 FOR DETAIL 'B'
SEE SHEET 4 OF 4 FOR BASIS OF BEARINGS,
LEGEND, EASEMENT NOTES, SURVEYOR'S
NOTE, AND LINE AND CURVE TABLES
P.O.C.
CENTERLINE
INTERSECTION
CITY OF
RANCHO CUCAMONGA
----- COUNTY OF
SAN BERNARDINO
PORTION APN
0229-291-23
33'
0 100
11.
(J
33'
c\1
co
33'
FOUND MAG NAIL AND WASHER
MARKED "LS 6932" PER R.S.B.
168/53-63, FLUSH IN ASPHALT
Ll
40'
lc) (BASIS OF BEARINGS)
(N 0077'46" E R.S.B. 168/53-63)
Ir)
ET I WANDA AVENUE
N 0077'46" E 620.58' r RA LINE
TEMPORARY
CONSTRUCTION EASEMENT
(1,972 SQ.FT.)
(0.045 AC.)
POR. APN 0229-291-23
„p
33' / i¢
tz, (30
C-)
.
200
SCALE IN FEET
SEE DETAIL 'A'
ON SHEET 2
2866 D.R. 305
REC. 12/12/1951
APN 0229-291-22
POR. SECTION 16
T.1.S., R.6W., S.B.M.
0 —EASTERLY LINE OF
INST. NO. 19970023100 O.R.
RECORDED 1/23/1997
0— GENERALLY
NORTHEASTERLY LINE OF
INST. NO. 19970023100 O.R.
RECORDED 1/23/1997
NORTHERLY LINE—
OF SEC770N 16
T.1S, R.6W., S.B.M.
00
o'
PREPARED BY ME OR UNDER MY DIRECTION:
PRELIMINARY 7/7/21
TIMOTHY S. FETTIG P.L.S. 7542 DATE
T.P.O.B.
NORTHERLY LINE
OF SECTION 16
°a •
Z vj
0
0 L.Li v) •
0 a_
H
(SHEET 1 OF 4)
PROJECT NAME: _______ M S •
ORDER NO.: NOT. NO.: ______ CITY: RANCHO CUCAMONGA COUNTY: SAN BERNARDINO STATE: CA
SURVEYED BY: N/A SCE F.B. REF.: ______ DATE: _______
DRAWN BY: DB MAP REF.: RECORD OF SURVEY 19-0109, R.S.B. 168/53-63 [El 57 6710.
CHECKED BY: JH TRES: SERIAL NO.: ______ ALE NAME: ______
EXHIBIT "B"Exhibit B-2Resolution No. 2022-015 - Page 16of 19 Page 379
EXHIBIT "B"
THAT PORTION OF THE WEST ONE-HALF OF SECTION 16 IN TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE
OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF.
E77WANDA AVENUE S 82'07'25" W
N 007746" E 620.58' [VW LINE - RAD.NAPA STREET TEMPORARY
CONSTRUCTION EASEMENT
(1,972 SQ.FT.)
(0.045 AC.)
3 •00' L..-142.08'
R:,-2-11
2700' L=141.04'
V 9" .4.9'0 2866 O.R. 305
0
REC. 12/12/1951
APN 0229-291-22
POR. SECTION 16
T.1.S., R.6W., S.B.M.
50 100
SCALE IN FEET
LJ : POR. APN 0229-291-23
Il L10 C4
II ,
I# L13 C
-4100 '
‘D 7II c
--.1. It
6)
i t
.. — — —
\- S 03'44'43" W
\ L12 RAD.
1 I SEE
I 1 DETAIL 'B'
i 1 ON SHEET .5
I I
L8
L9 C3
L14 C8
N 81'53'07" E
RAD. L15
N 8131'15" E
5
•A•
0
TEMPORARY
CONSTRUCTION EASEMENT
(1,972 SQ.FT.)
(0.045 AC.)
S 44'4027" W \ C2 L5
L6 \
L7
L.16
cr)
L3 T.P.O.B. L4
L19
NORTHERLY LINE
L20 OF SECTION 16
L _
-
S 82'04'54" W L18
L17 RAD.
NORTHERLY LINE-11
OF SECTION 16
T.1S, R.6W., S.B.M.
0
# .49'0
low :-11237:1°.:0
L=.141.04' ii01.`1111' low
2866 O.R. 305
REC. 1 2/1 2/1 9 51
APN 0229-291-22
POR. SECTION 16
T.1.S., R.6W., S.B.M.
DETAIL 'A'
SEE SHEET 3 OF 4 FOR DETAIL 'B'
SEE SHEET 4 OF 4 FOR BASIS OF BEARINGS,
LEGEND, EASEMENT NOTES, SURVEYOR'S
NOTE, AND LINE AND CURVE TABLES (SHEET 2 OF 4)
PROJECT NAME: M.S.:
ORDER NO.: NOT. NO.: CITY: RANCHO CUCAMONGA COUNTY: SAN BERNARDINO STATE: CA
SURVEYED BY: N/A SCE F.B. REF.: DATE:
DRAWN BY: DB MAP REF.: RECORD OF SURVEY 19-0109, R.S.B. 168/53-63
IIOUTHEIMI camera
IED[ISON'
As IDIOM IMI2NAITONAL• Olowir
CHECKED BY: JH TRES: ______ SERIAL NO.: FILE NAME:
EXHIBIT "B"Resolution No. 2022-015 - Page 17 of 19 Page 380
EXHIBIT "B"
THAT PORTION OF THE WEST ONE-HALF OF SECTION 16 IN TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE
OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF.
CITY OF
RANCHO CUCAMONGA
COUNTY OF
SAN BERNARDINO
APN 0229-291-22
TEMPORARY
CONSTRUCTION EASEMENT
[44 (1,972 SQ.FT.)
-cc (0.045 AC.) /CITY BOUNDARY c.3\
LINE
PORTION APN 0229-291-23
0— GENERALLY
NORTHEASTERLY LINE OF
INST. NO. 19970023100 O.R.
RECORDED 1/23/1997
0— NORTHERLY LINE OF
INST. NO. 20010368167 O.R.
RECORDED 8/14/2001
NAPA STREET
DETAIL 'B'
NO SCALE
L11
CITY OF
RANCHO CUCAMONGA
COUNTY OF /
SAN BERNARDINO„,/
VW LINE
SEE SHEET 2 OF 4 FOR DETAIL 'A'
SEE SHEET 4 OF 4 FOR BASIS OF
BEARINGS, LEGEND, EASEMENT NOTES,
SURVEYOR'S NOTE, DETAIL 'A', AND LINE AND
CURVE TABLES
(SHEET 3 OF 4)
PROJECT NAME: M.S.: _
ORDER NO.: _ NOT. NO.: _ CITY: RANCHO CUCAMONGA COUNTY: SAN BERNARDINO STATE: CA
SURVEYED BY: N/A SCE F.B. REF.: _ _ DATE: _ _
DRAWN BY: DB MAP REF.: RECORD OF SURVEY 19-0109, R.S.B. 168/53-63
CHECKED BY: JH TRES. SERIAL NO.: _ _ FILE NAME: _ _
EXHIBIT "B"Resolution No. 2022-015 - Page 18 of 19 Page 381
THAT PORTION OF THE
BERNARDINO MERIDIAN,
OF
BASIS OF BEARINGS:
EXHIBIT "B"
WEST ONE-HALF OF SECTION 16 IN TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN
IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE
CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF.
THE BEARINGS SHOWN HEREON ARE BASED
ON THE CENTERLINE OF ETIWANDA AVENUE,
BEING N 00'17'46" E, AS SHOWN ON
RECORD OF SURVEY 19-0109, FILED IN
R.S.B. 168/53-63, RECORDS OF SAID
COUNTY.
(XXXX)
•
APN
CSRS
INST.
LS
O.R.
P.O.C.
POR.
RAD.
REC.
R.S.B.
R/W
T.P.O.B.
SURVEYOR'S NOTE:
THE BEARINGS AND DISTANCES SHOWN ARE
CALIFORNIA COORDINATE SYSTEM OF 1983
(CCS83), ZONE 5 GRID, CSRS EPOCH 2017.50
(NAD83 2011).
ALL DISTANCES SHOWN ARE GRID, TO OBTAIN
GROUND DISTANCES DIVIDE BY 0.99993964.
LEGEND
INDICATES RECORD DATA PER RECORD OF SURVEY
19-0109, FILED IN BOOK 168, PAGES 53 THROUGH 63,
OF RECORDS OF SURVEYS (R.S.B. 168/53-63)
FOUND MONUMENT AS NOTED
ASSESSOR'S PARCEL NUMBER
CALIFORNIA SPATIAL REFERENCE SYSTEM
CENTERLINE
INSTRUMENT
LAND SURVEYOR
OFFICIAL RECORDS
POINT OF COMMENCEMENT
PORTION
RADIAL
RECORDED
RECORD OF SURVEY BOOK
RIGHT-OF-WAY
TRUE POINT OF BEGINNING
TEMPORARY CONSTRUCTION EASEMENT
1,983 SF, 0.046 AC
PARENT PARCEL
CITY BOUNDARY LINE
CENTERLINE
- - - - EASEMENT LINE
LINE TABLE
NO. BEARING LENGTH
Ll N 0077'46" E 76.07'
L2 S 89'4274" E 40.00'
L3 N 8857'20" E 10.00'
L4 S 0007'00" W 32.29'
L5 S 1736'02" E Z64'
L6 N 7552'32" E 4.60'
L7 S 14'07'28" E 55.75'
L8 S 75'52'32" W 5.37'
L9 S 0007'00" W 82.77'
L10 S 0077'51" W 43.19'
L11 S 89'46'08" E 9.61'
L12 N 03'44'43" E 0.18'
L13 N 007751" E 43.19'
L14 N 0007'00" E 82.77'
L15 N 7552'32" E 14.32'
L16 N 14136'10" W 59.75'
L17 S 7552'32" W 14.07'
L18 N 1736'02" W 8.05'
L19 N 0007'00" E 32.19'
L20 S 8857'20" W 2.00'
RAD.
EASEMENT NOTES
(D- 40' HIDE EASEMENT FOR WATER PURPOSES
GRANTED TO THE METROPOLITAN WATER
DISTRICT OF SOUTHERN CALIFORNIA PER
1308/465. O.R., REC. 11/23/1938
0 -VARIABLE WIDTH EASEMENT FOR ROAD
PURPOSES GRANTED TO KAISER STEEL
CORPORATION PER 6390/303, O.R.
REC. 5/13/1965
0 -VARIABLE WIDTH AND 10' WIDE EASEMENT
FOR ROAD AND SEWER PURPOSES GRANTED
TO DAM F. BOLGER, TRUSTEE, PER INST.
NO. 94-334698, O.R., REC. 8/5/1994
CURVE TABLE
NO. DELTA RADIUS LENGTH
Cl 09'43'27" 193.00' 32.76'
C2 27'43'31" 5.00' 2.42'
C3 0835'45" 283.00' 42.46'
C4 30130'00" 7700' 4032'
C5 7156'07" 38.00' 4771'
C6 8633'08" 36.00' 54.38'
C7 30130'00" 79.00' 41.36'
C8 0873'53" 285.00' 4094'
C9 09'40'56" 191.00' 32.28'
(SHEET 4 OF 4)
PROJECT NAME• M.S.:
ORDER NOT. NO.: CITY: RANCHO CUCAMONGA COUNTY: SAN BERNARDINO STATE: CA
SURVEYED BY: N/A SCE F.B. REF • DATE:
DRAWN BY: DB MAP REF.: RECORD OF SURVEY 19-0109, R.S.B. 168/53-63 PED[15711*
CHECKED BY: JH TRES• SERIAL NO.: -_-FILE NAME:
BASIS OF BEARINGS:
LEGEND
EXHIBIT "B"
SURVEYOR'S NOTE:EASEMENT NOTES
Resolution No. 2022-015 - Page 19 of 19 Page 382
Resolution No. 2022-016 - Page 1 of 14
RESOLUTION NO. 2022-016
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY
INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE
ACQUISITION THEREOF IN CONNECTION WITH THE ETIWANDA GRADE
SEPARATION PROJECT (PERMANENT EASEMENT, MAINTENANCE AND
CONSTRUCTION EASEMENT, AND TWO TEMPORARY CONSTRUCTION
EASEMENTS OVER A PORTION OF APNs 0229-151-15 & 28, 0229-161-01, 02,
03, 04, 05, 19 & 20)
WHEREAS, the City of Rancho Cucamonga (“City”) is a municipal corporation in the
County of San Bernardino, State of California; and
WHEREAS, the City seeks to construct the Etiwanda Grade Separation Project (“Project”).
The Project requires the acquisition of additional right of way for grade separation. The
Project involves the widening and construction of Etiwanda Avenue as a four-lane grade
separated roadway over the Southern California Regional Rail Authority (“SCRRA”)/Burlington
Northern and Santa Fe Railroad (“BNSF”) San Gabriel subdivision, currently a two-lane at-grade
crossing. The Project will construct an overhead crossing, utilizing walls and embankments to
support the raised approaching roadway. It will span the railroad right-of-way and provide access
to adjacent properties. The Project will widen Etiwanda Avenue to four traffic lanes including a
painted median/left turn lane with bike lanes and sidewalks on each side and a northbound right
turn lane onto Whittram Avenue. When completed in 2024, the Project will reduce vehicle and
truck delays, as well as queuing. It will improve mobility, safety, and level of service at the
crossing, and it will provide for the safe transit of pedestrians, bicyclists, vehicles, trucks, and
trains. Furthermore, the Project will provide for improved response times in the area for first
responders such as police officers, firefighters, paramedics, and emergency medical technicians.
All work is consistent with the City’s General Plan of Circulation. The Plans for the Project are on
file with the Engineering Services Department and are incorporated herein by this reference; and
WHEREAS, the environmental effects of the Project were studied and analyzed pursuant
to the California Environmental Quality Act (“CEQA”), Public Resources Code Section 21000 et
seq., and the CEQA Guidelines, 14 Cal. Code Regs. Section 15000 et seq. (“CEQA Guidelines”).
City Staff determined that the Project was statutorily exempt pursuant to CEQA Article 18.
Statutory Exemptions, Section 15282. Other Statutory Exemptions, paragraph (g) as a railroad
grade separation project which eliminates and existing grade crossing or reconstructs an existing
grade separation. The City Council approved the Notice of Exemption and authorized Staff to file
the Notice of Exemption with the Office of Planning and Research and the County clerk as
specified in Section 21080.13(2) of the Public Resources Code. Said Notice of Exemption was
filed with the Office of Planning and Research and with the County of San Bernardino on or about
June 11, 2018 in accordance with the statutory requirements; and
WHEREAS, in connection with the proposed Resolution of Necessity, on January 19,
2022, City Staff reviewed the environmental documentation prepared in connection with the
Project. Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of
the Public Resources Code, City Staff concluded that no substantial changes have occurred in
the Project, no substantial changes have occurred in the circumstances under which the Project
is undertaken, and that the City has obtained no new information of substantial importance that
ATTACHMENT 9Page383
Resolution No. 2022-016 - Page 2 of 14
would require further environmental analysis. These environmental findings are the appropriate
findings with respect to the proposed acquisition of the Subject Property Interests.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho
Cucamonga as follows:
SECTION 1. The Rancho Cucamonga City Council adopts Resolution No. 2022-016, A
Resolution of the City Council of the City of Rancho Cucamonga, California, Declaring Certain
Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof
in Connection with the Etiwanda Grade Separation Project (permanent easement, maintenance
and construction easement, and two temporary construction easements on portions of APNs
0229-151-15 & 28, 0229-161-01, 02, 03, 04, 05, 19 & 20).
SECTION 2. The City seeks to acquire by eminent domain the real property interest
described below in Section 3 of this Resolution for public use, namely grade separation and
related purposes, and all uses necessary or convenient thereto in connection with the Etiwanda
Grade Separation Project pursuant to the authority conferred on the City of Rancho Cucamonga
to acquire real property by eminent domain by Section 19 of Article 1 of the California Constitution,
Government Code Sections 37350, 37350.5, 37351, 40401, and 40404, California Code of Civil
Procedure Section 1230.010 et seq. (Eminent Domain Law), including but not limited to Sections
1240.010, 1240.020, 1240.110, 1240.120, 1240.150, 1240.510, 1240.610, 1240.650, and by
other provisions of law.
SECTION 3. The City seeks to acquire an approximate 5,130 square foot permanent
easement, an approximate 2,986 square foot maintenance and construction easement, and an
approximate 3,192 square foot temporary construction easement and an approximate 677 square
foot temporary construction easement, each with a term of 30 months, over portions of the real
property located at 8685 to 8821 Etiwanda Avenue & 12928 to 12974 Whittram Avenue, Rancho
Cucamonga, California, and further identified as San Bernardino County Tax Assessor’s Parcel
Numbers 0229-151-15 & 28, 0229-161-01, 02, 03, 04, 05, 19 & 20 in connection with the Project.
The permanent easement, maintenance and construction easement, and the two temporary
construction easements are collectively referred to herein as “Subject Property Interest,” and
APNs 0229-151-15 & 28, 0229-161-01, 02, 03, 04, 05, 19 & 20 are collectively referred to herein
as “Colombero Parcel.” The Subject Property Interest is described more particularly in Exhibit “A”
and depicted on Exhibit “B”, which are attached hereto and incorporated herein by this reference.
SECTION 4. The environmental effects of the acquisition of the Subject Property Interest
were studied as an integral part of the environmental review for the Project. In connection with
the proposed Resolution of Necessity, on January 19, 2022, City Staff reviewed the environmental
documentation prepared in connection with the Project. Pursuant to the criteria of Section 15162
of the CEQA Guidelines and Section 21166 of the Public Resources Code, City staff concluded
that no substantial changes have occurred in the Project, no substantial changes have occurred
in the circumstances under which the Project is undertaken, and that the City has obtained no
new information of substantial importance that would require further environmental analysis.
These environmental findings are the appropriate findings with respect to the proposed acquisition
of the Subject Property Interest.
SECTION 5. The Project, as planned and designed, is in the public interest and necessity
and is needed to improve vehicle and rail safety, traffic mobility, and surface transportation, as
more fully explained below:
Page 384
Resolution No. 2022-016 - Page 3 of 14
A. The Project requires the acquisition of additional right of way for grade
separation. The Project involves the widening and construction of Etiwanda Avenue as a four-
lane grade separated roadway over the SCRRA/BNSF San Gabriel subdivision, currently a two-
lane at-grade crossing. The Project will construct an overhead crossing, utilizing walls and
embankments to support the raised approaching roadway. It will span the railroad right-of-way
and provide access to adjacent properties. The Project will widen Etiwanda Avenue to four traffic
lanes including a painted median/left turn lane with bike lanes and sidewalks on each side and a
northbound right turn lane onto Whittram Avenue. When completed in 2024, the Project will
reduce vehicle and truck delays, as well as queuing. It will improve mobility, safety, and level of
service at the crossing, and it will provide for the safe transit of pedestrians, bicyclists, vehicles,
trucks, and trains. Furthermore, the Project will provide for improved response times in the area
for first responders such as police officers, firefighters, paramedics, and emergency medical
technicians. All work is consistent with the City’s General Plan of Circulation.
B. The Project will reduce vehicle and truck delays, improve safety and level
of service at the crossing, and it will provide for the safe transit of pedestrians, bicyclists, vehicles,
trucks, and trains. Additionally, the Project will provide for improved response times in the area
for first responders such as police officers, firefighters, paramedics, and emergency medical
technicians. Accordingly, the Project will benefit the residents and businesses of the City and the
community as a whole.
C. The Project, as planned and designed, is consistent with the Circulation
Element of the General Plan, which designated Etiwanda Avenue as a four-lane major arterial
road. Anticipating the future growth of the SCRRA/BNSF corridor, the City’s General Plan
identified this area to be grade separated. The City seeks to acquire the Subject Property Interest
for public use, namely grade separation and related purposes, and all uses necessary or
convenient thereto in connection with the Project. The City seeks to construct the Project to
improve mobility, safety, and level of service at the crossing.
D. The Project was planned and located to minimize the impact on the
adjacent properties. Because of its scope, the Project requires the acquisition of several
permanent easements and temporary construction easements over portions of 10 larger parcels,
as well as fee interests in two parcels owned by private property owners. The construction of the
Project will require some business/residential relocations. The City will coordinate the
construction with the owner of the Subject Property Interest to minimize the impact of the Project
on the parcel. Based on the timing of the Project, it is necessary that the City consider the
acquisition by eminent domain of the required Subject Property Interest.
SECTION 6.
A. Pursuant to Government Code Section 7260 et seq., the City of Rancho
Cucamonga obtained a fair market value appraisal of the Colombero Parcel, the approximate
5,130 square foot permanent easement, the approximate 2,986 square foot maintenance and
construction easement, and the approximate 3,192 square foot and the approximate 677 square
foot temporary construction easements, each with a term of 30 months, the City seeks to acquire
for public use, namely grade separation and related purposes, and all uses necessary or
convenient thereto.
B. The City set just compensation in accordance with the appraised fair
market value, and extended a written offer on November 23, 2021 to Colombero Family Limited
Page 385
Resolution No. 2022-016 - Page 4 of 14
Partnership, the owner of record. The fair market value appraisal used a date of value of
November 10, 2021.
C. The City’s written offer included an informational pamphlet describing the
eminent domain process and the record owner’s rights under the Eminent Domain Law. In
accordance with Government Code Section 7267.2, the City’s written offer contained a written
statement of, and summary of the basis for, the amount it established as just compensation. The
offer set forth the date of value utilized by the appraiser and explained the appraiser’s opinion of
the highest and best use of the larger parcel. It explained the applicable zoning designation of
the larger parcel. The City’s offer also summarized the principal transactions relied on by the
appraiser to arrive at the appraiser’s opinion of value. In addition, the written offer explained the
appraiser’s valuation analysis, including severance damages. It included the City’s comparable
market data relied on by the appraiser. Further, the City offered, pursuant to Code of Civil
Procedure Section 1263.025, to pay the record owner the reasonable costs, up to $5,000.00, for
an independent appraisal of the approximate 5,130 square foot permanent easement area, the
approximate 2,986 square foot maintenance and construction easement area, and the
approximate 3,192 square foot and the approximate 677 square foot temporary construction
easement areas.
SECTION 7. The City provided written notice to the owner of record, pursuant to Code
of Civil Procedure section 1245.235 of the City Council’s intent to consider the adoption of a
Resolution of Necessity for the acquisition of the Subject Property Interest by eminent domain.
SECTION 8. The public use for which the City seeks to acquire the Subject Property
Interest, namely grade separation and related purposes, and all uses necessary or convenient
thereto, will not unreasonably interfere with or impair the continuance of the public use to which
any easement holders may have appropriated the area (Code of Civil Procedure Section
1240.510). Further, the Project may require the relocation of several utilities to the new right-of-
way area. The public use for which the City seeks to acquire the Subject Property Interest, namely
grade separation and related purposes, and all uses necessary or convenient thereto, is a more
necessary public use within the meaning of Code of Civil Procedure Section 1240.650 than the
uses to which public utility easement holders have appropriated any utility easements located on
or within the area of the Subject Property Interest that are affected by the Project. Accordingly,
the City is authorized to acquire the Subject Property Interest pursuant to Code of Civil Procedure
Sections 1240.510, 1240.610, and 1240.650.
SECTION 9. Based on the evidence presented at the hearing regarding the Project,
including the Agenda Report and documents referenced therein and any oral and written
testimony at the hearing, the City Council hereby finds and determines that:
A. The public interest and necessity require the Project;
B. The Project is planned and located in the manner that will be most
compatible with the greatest public good and the least private injury;
C. The Subject Property Interest described more particularly in Exhibit “A” and
depicted on Exhibit “B” hereto, is necessary for the Project; and
D. The City has made the offer required by Government Code Section 7267.2
to the record owner of the Subject Property Interest the City seeks to acquire.
Page 386
Resolution No. 2022-016 - Page 5 of 14
SECTION 10. The findings and declarations contained in this Resolution are based upon
the record before the City Council, including the Agenda Report and all documents referenced
therein, all of which are incorporated herein by this reference, and any testimony and/or
comments submitted to the City by the record owner and or the owner’s representative(s). These
documents include, but are not limited to the City of Rancho Cucamonga’s General Plan, the offer
letter sent to the owner pursuant to Government Code Section 7267.2, the notice to the record
owner pursuant to Code of Civil Procedure Section 1245.235 of the City’s intent to consider the
adoption of the Resolution of Necessity, Grade Separation Plans for the Project, and the Notice
of Exemption for the Project.
SECTION 11. The City Council of the City of Rancho Cucamonga hereby authorizes and
directs the City Attorney’s Office to take all steps necessary to commence and prosecute legal
proceedings in a court of competent jurisdiction to acquire an approximate 5,130 square foot
permanent easement, an approximate 2,986 square foot maintenance and construction
easement, and an approximate 3,192 square foot temporary construction easement and an
approximate 677 square foot temporary construction easement, each with a term of 30 months,
for the Project. The Subject Property Interest is described more particularly on Exhibit “A” and
depicted on Exhibit “B” hereto.
SECTION 12. The City Council of the City of Rancho Cucamonga hereby authorizes the
City Manager to execute all necessary documents in connection with the eminent domain
proceeding.
SECTION 13. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 19th day of January, 2022.
________________________
L. Dennis Michael, Mayor
City of Rancho Cucamonga
ATTEST:
Janice C. Reynolds, City Clerk
City of Rancho Cucamonga
APPROVED AS TO FORM:
Nicholas R. Ghirelli, City Attorney
Richards, Watson & Gershon
Page 387
Resolution No. 2022-016 - Page 6 of 14
CERTIFICATION:
I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, California, do hereby certify
that the foregoing Resolution No. 2022-016, was duly adopted by the City Council of the City of
Rancho Cucamonga, California, at a regular meeting thereof held on the 19th day of December,
2022, by the following vote, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________
Janice C. Reynolds, City Clerk
City of Rancho Cucamonga, California
Page 388
Exhibit A
Legal Description
Etiwanda Grade Separation Project
APN 229-161-01,02,03 / Colombero
Permanent Road Easement
Page 1 of 1 Pages
A portion of the land, in the City of Rancho Cucamonga, County of San Bernardino, State of California,
as described in the Grant Deed recorded September 23, 2005 as Document No. 2005-0711542 of Official Records,
records of said County, being also a portion of Lot 436 of Tract No. 2102 "Fontana Arrow Route Tract" per plat
recorded in Book 31, Pages 11 to 15 of Maps, records of said County, described as follows:
Beginning at the southwest corner of said Lot 436, being the intersection of the north line of Whittram Avenue,
thirty (30) foot half-width, with the east line of Etiwanda Avenue, thirty (30) foot half-width, as all are shown on
Sheet 5 of the map filed in Book 168, Pages 53 through 63 of Record of Surveys, records of said County;
Thence along the east line of Etiwanda Avenue, N 00107'00" E, a distance of 300.00 feet to the
northwest corner of said Lot 436;
Thence Vd, along the north line of said Lot 436, N 891139'33" E, a distance of 15.00 feet to a line parallel
with, and lying 15.00 feet east of, said east line of Etiwanda Avenue;
Thence VI, along said parallel line, S 00137'00" W, distance of 264.49 feet;
Thence 4th, leaving said parallel line, S 45721'41" E, a distance of 49.79 feet to said north line of Whittram
Avenue;
Thence 5th, along said north line, S mons" W, a distance of 50.51 feet to the Point of Beginning.
Containing 5,130 square feet, more or less.
Notes
( The above legal description is based on the dimensions, information, and land references shown on
Record of Survey 19-0109 filed in Book 168, Pages 53 through 63 of Record of Surveys.
Bearings and distances are referenced to the California Coordinate System, Zone 5 grid, NAD83(2011)
CSRS Epoch 2017.50. To obtain ground level distances, multiply grid distances by 1.000060364.
This descript
Surveyors Act.
d by me, or under my direction, in conformance with the Professional Land
10-04-2021
Justin P. Height, LS 6167 Date
Job No. 0618-00016
Colombero PRE.doox Exhibit A-1
JUSTIN P. HEIGHT
NO. 6167
••••••
GUIDAn • •••
Lim: SURVEYING INC.
Exhibit A
Legal Description
Etiwanda Grade Separation Project
APN 229-161-01,02,03 / Colombero
Permanent Road Easement
Page 1 of 1 Pages
Job No. 0618-00016
Colombero PRE.docx
10-04-2021
A portion of the land, in the City of Rancho Cucamonga, County of San Bernardino, State of California,
as described in the Grant Deed recorded September 23, 2005 as Document No. 2005-0711542 of Official Records,
records of said County, being also a portion of Lot 436 of Tract No. 2102 “Fontana Arrow Route Tract” per plat
recorded in Book 31, Pages 11 to 15 of Maps, records of said County, described as follows:
Beginning at the southwest corner of said Lot 436, being the intersection of the north line of Whittram Avenue,
thirty (30) foot half-width, with the east line of Etiwanda Avenue, thirty (30) foot half-width, as all are shown on
Sheet 5 of the map filed in Book 168, Pages 53 through 63 of Record of Surveys, records of said County;
Thence 1st, along the east line of Etiwanda Avenue, N 00°07’00” E, a distance of 300.00 feet to the
northwest corner of said Lot 436;
Thence 2nd, along the north line of said Lot 436, N 89°09’33” E, a distance of 15.00 feet to a line parallel
with, and lying 15.00 feet east of, said east line of Etiwanda Avenue;
Thence 3rd, along said parallel line, S 00°07’00” W, distance of 264.49 feet;
Thence 4th, leaving said parallel line, S 45°21'41" E, a distance of 49.79 feet to said north line of Whittram
Avenue;
Thence 5th, along said north line, S 89°09’38” W, a distance of 50.51 feet to the Point of Beginning.
Containing 5,130 square feet, more or less.
Notes
· The above legal description is based on the dimensions, information, and land references shown on
Record of Survey 19-0109 filed in Book 168, Pages 53 through 63 of Record of Surveys.
·Bearings and distances are referenced to the California Coordinate System, Zone 5 grid, NAD83(2011)
CSRS Epoch 2017.50. To obtain ground level distances, multiply grid distances by 1.000060364.
This description has been prepared by me, or under my direction, in conformance with the Professional Land
Surveyors Act.
__________________________________________
Justin P. Height, PLS 6167 Date
Exhibit A-1
Resolution No. 2022-016 - Page 7 of 14
Page 389
Exhibit A
Legal Description
Etiwanda Grade Separation Project
APN 229-161-01,02,03/Colombero Parcel A
Construction and Permanent Maintenance Easement for Bridge Structure
Those portions of Lot 436 of Tract No. 2102 "Fontana Arrow Route Tract" in the City of Rancho
Cucamonga, County of San Bernardino, State of California per plat recorded in Book 31, Pages 11 to 15
of Maps, records of said County, described in the Grant Deed recorded September 23, 2005 as
Instrument No. 2005-0711542, described as follows:
Parcel A:
Commencing at the northwest corner of said Lot 436, being a point on the east line of Etiwanda
Avenue, thirty (30)foot half-width, as shown on Sheet 5 of Record of Survey 19-0109 filed in Book
168, Pages 53 through 63 of Record of Surveys, records of said County;
Thence along the north line of said Lot 436, N 89°09'33" E, a distance of 15.00, to a point on a
line parallel with, and lying 15.00 feet (measured at right angles) east of, said east line of
Etiwanda Avenue, said point being the True Point of Beginning of Parcel A,
Thence along said parallel line, S 00°07'00" W, distance of 264.49 feet;
Thence leaving said parallel line, S 45°21'41" E, a distance of 49.80 feet to a point on the north
line of Whittram Avenue, thirty (30)foot half-width, as shown on said Record of Survey;
Thence along said north line, N 89°09'38" E, distance of 7.01 feet;
Thence, N 45°21'41" W, a distance of 45.61 feet to a point on a line parallel with, and
lying 25.00 feet (measured at right angles) east of, said east line of Etiwanda Avenue;
Thence along last said parallel line, N 00°07'00" E, distance of 253.00 feet;
Thence leaving last said parallel line, and perpendicular thereto, S 89°53'00" E, a
distance of 6.00 feet to a point on a line parallel with, and lying 31.00 feet (measured
at right angles) east of, said east line of Etiwanda Avenue;
Thence along last said parallel line, N 00°07'00" E, distance of 14.58 feet to the north
line of said Lot 436;
Thence along said north line, S 89°09'33" W, a distance of 16.00 feet to the True Point of
Beginning.
Containing 2,986 square feet more or less
Exhibit A-2
Exhibit A
Legal Description
Etiwanda Grade Separation Project
APN 229-161-01,02,03/Colombero Parcel A
Construction and Permanent Maintenance Easement for Bridge Structure
Those portions of Lot 436 of Tract No. 2102 “Fontana Arrow Route Tract” in the City of Rancho
Cucamonga, County of San Bernardino, State of California per plat recorded in Book 31, Pages 11 to 15
of Maps, records of said County, described in the Grant Deed recorded September 23, 2005 as
Instrument No. 2005-0711542, described as follows:
Parcel A:
Commencing at the northwest corner of said Lot 436, being a point on the east line of Etiwanda
Avenue, thirty (30) foot half-width, as shown on Sheet 5 of Record of Survey 19-0109 filed in Book
168, Pages 53 through 63 of Record of Surveys, records of said County;
Thence along the north line of said Lot 436, N 89°09’33” E, a distance of 15.00, to a point on a
line parallel with, and lying 15.00 feet (measured at right angles) east of, said east line of
Etiwanda Avenue, said point being the True Point of Beginning of Parcel A,
Thence along said parallel line, S 00°07’00” W, distance of 264.49 feet;
Thence leaving said parallel line, S 45°21'41" E, a distance of 49.80 feet to a point on the north
line of Whittram Avenue, thirty (30) foot half-width, as shown on said Record of Survey;
Thence along said north line, N 89°09’38” E, distance of 7.01 feet;
Thence, N 45°21’41” W, a distance of 45.61 feet to a point on a line parallel with, and
lying 25.00 feet (measured at right angles) east of, said east line of Etiwanda Avenue;
Thence along last said parallel line, N 00°07’00” E, distance of 253.00 feet;
Thence leaving last said parallel line, and perpendicular thereto, S 89°53’00” E, a
distance of 6.00 feet to a point on a line parallel with, and lying 31.00 feet (measured
at right angles) east of, said east line of Etiwanda Avenue;
Thence along last said parallel line, N 00°07’00” E, distance of 14.58 feet to the north
line of said Lot 436;
Thence along said north line, S 89°09’33” W, a distance of 16.00 feet to the True Point of
Beginning.
Containing 2,986 square feet more or less
Exhibit A-2
Resolution No. 2022-016 - Page 8 of 14
Page 390
Exhibit A
Legal Description
Etiwanda Grade Separation Project
APN 229-161-03,04,05,19/Colombero Parcel B
Temporary Construction Easement
Those portions of Lot 436 of Tract No. 2102 "Fontana Arrow Route Tract" in the City of Rancho
Cucamonga, County of San Bernardino, State of California per plat recorded in Book 31, Pages 11 to 15
of Maps, records of said County, described in the Grant Deed recorded September 23, 2005 as
Instrument No. 2005-0711542, described as follows:
Parcel B
Commencing at the northwest corner of said Lot 436, being a point on the east line of Etiwanda
Avenue, thirty (30)foot half-width, as shown on Sheet 5 of Record of Survey 19-0109 filed in Book
168, Pages 53 through 63 of Record of Surveys, records of said County;
Thence along the north line of said Lot 436, N 89°09'33" E, a distance of 15.00, to a point on a
line parallel with, and lying 15.00 feet (measured at right angles) east of, said east line of
Etiwanda Avenue;
Thence along said parallel line, S 00°07'00" W, distance of 264.49 feet;
Thence leaving said parallel line, S 45°21'41" E, a distance of 49.80 feet to a point on the north
line of Whittram Avenue, thirty (30)foot half-width, as shown on said Record of Survey;
Thence along said north line, N 89°09'38" E, distance of 7.01 feet; said point being the True
Point of Beginning of Parcel B,
Thence leaving said north line, N 45°21'41" W, distance of 14.03 feet to a point on a line parallel
with and lying 10.00 feet (measured at right angles) north of said north line of Whittram Avenue;
Thence, N 89°09'38" E, along last said parallel line distance of 138.46 feet;
Thence, N 44°38'19" E, distance of 34.22 feet to a point on a line parallel with and distant 64.00
feet (measured at right angles) fron the centerline of Whittram Avenue, as shown on said Record
of Survey;
Thence, N 89°09'38" E, along last said parallel line distance of 63.00 feet;
Thence, S 00°07'00" W, distance of 20.00 feet to a point on the north line of Whittram Avenue,
forty-four (44)foot half-width as it now exists;
Thence along last said north line, S 89°09'38" W, distance of 58.00 feet;
Thence, S 00°07'00" W, distance of 10.00 feet to a point on the north line of Whittram Avenue,
thirty (30)foot half-width, as shown on said Record of Survey;
Thence along last said north line, S 89°09'38" W, distance of 157.46 feet to the True Point of
Beginning.
Containing 3,192 square feet more or less
Exhibit A-3
Exhibit A
Legal Description
Etiwanda Grade Separation Project
APN 229-161-03,04,05,19/Colombero Parcel B
Temporary Construction Easement
Those portions of Lot 436 of Tract No. 2102 “Fontana Arrow Route Tract” in the City of Rancho
Cucamonga, County of San Bernardino, State of California per plat recorded in Book 31, Pages 11 to 15
of Maps, records of said County, described in the Grant Deed recorded September 23, 2005 as
Instrument No. 2005-0711542, described as follows:
Parcel B
Commencing at the northwest corner of said Lot 436, being a point on the east line of Etiwanda
Avenue, thirty (30) foot half-width, as shown on Sheet 5 of Record of Survey 19-0109 filed in Book
168, Pages 53 through 63 of Record of Surveys, records of said County;
Thence along the north line of said Lot 436, N 89°09’33” E, a distance of 15.00, to a point on a
line parallel with, and lying 15.00 feet (measured at right angles) east of, said east line of
Etiwanda Avenue;
Thence along said parallel line, S 00°07’00” W, distance of 264.49 feet;
Thence leaving said parallel line, S 45°21'41" E, a distance of 49.80 feet to a point on the north
line of Whittram Avenue, thirty (30) foot half-width, as shown on said Record of Survey;
Thence along said north line, N 89°09’38” E, distance of 7.01 feet; said point being the True
Point of Beginning of Parcel B,
Thence leaving said north line, N 45°21’41” W, distance of 14.03 feet to a point on a line parallel
with and lying 10.00 feet (measured at right angles) north of said north line of Whittram Avenue;
Thence, N 89°09’38” E, along last said parallel line distance of 138.46 feet;
Thence, N 44°38’19” E, distance of 34.22 feet to a point on a line parallel with and distant 64.00
feet (measured at right angles) fron the centerline of Whittram Avenue, as shown on said Record
of Survey;
Thence, N 89°09’38” E, along last said parallel line distance of 63.00 feet;
Thence, S 00°07’00” W, distance of 20.00 feet to a point on the north line of Whittram Avenue,
forty-four (44) foot half-width as it now exists;
Thence along last said north line, S 89°09’38” W, distance of 58.00 feet;
Thence, S 00°07’00” W, distance of 10.00 feet to a point on the north line of Whittram Avenue,
thirty (30) foot half-width, as shown on said Record of Survey;
Thence along last said north line, S 89°09’38” W, distance of 157.46 feet to the True Point of
Beginning.
Containing 3,192 square feet more or less
Exhibit A-3 Resolution No. 2022-016 - Page 9 of 14Page391
Exhibit A
Legal Description
Etiwanda Grade Separation Project
APN 229-151-15 / Colombero
Temporary Construction Easement
Page 1 of 1 Pages
A portion of Lot 431 of Tract No. 2102 "Fontana Arrow Route Tract", in the City of Rancho Cucamonga, County of
San Bernardino, State of California, per plat recorded in Book 31, Pages 11 to 15 of Maps, records of said County,
described as follows:
Commencing at the southwest corner of said Lot 431, being a point on the east line of Etiwanda Avenue, thirty (30)
foot half-width per said Tract 2102, as shown on Sheet 5 of Record of Survey 19-0109 filed in Book 168, Pages 53
through 63 of Record of Surveys, records of said County;
Thence along the south line of said Lot 431, N 89109'33" E, a distance of 20.00 feet to a point on the west line of
the ten (10) foot wide right of way vacated by City of Rancho Cucamonga Resolution No. 91-336 as described in the
Resolution recorded December 12, 1991 as Document No. 91-469755 of Official Records of said County, said west
line being parallel with, and lying 50.00 feet east of the centerline of Etiwanda Avenue, said point being the True
Point of Beginning;
Thence 1st, along said west line, N 00107'00" E, distance of 61.61 feet;
Thence r d, leaving said west line, and perpendicular thereto, S 89.153'00" E, a distance of 11.00 feet to a
line parallel with, and lying 11.00 feet east of said west line;
Thence 3rd, along last said parallel line, S 00107'00" W, distance of 61.42 feet to the south line of said Lot
431;
Thence 4th, along said south line, S 89109'33" W, a distance of 11.00 feet to the True Point of Beginning.
Containing 677 square feet, more or less.
Notes
( The above legal description is based on the dimensions, information, and land references shown on
Record of Survey 19-0109 filed in Book 168, Pages 53 through 63 of Record of Surveys.
( Bearings and distances are referenced to the California Coordinate System, Zone 5 grid, NAD83(2011)
CSRS Epoch 2017.50. To obtain ground level distances, multiply grid distances by 1.000060364.
This descript n b
Surveyors Act.
repa d by me, or under my direction, in conformance with the Professional Land
10-04-2021
Justin P. Height, LS 6167 Date
Job No. 0618-00016
Colombero TCE.docx Exhibit A-4 GUIDA
SURVEYING INC.
Exhibit A
Legal Description
Etiwanda Grade Separation Project
APN 229-151-15 / Colombero
Temporary Construction Easement
Page 1 of 1 Pages
Job No. 0618-00016
Colombero TCE.docx
10-04-2021
A portion of Lot 431 of Tract No. 2102 “Fontana Arrow Route Tract”, in the City of Rancho Cucamonga, County of
San Bernardino, State of California, per plat recorded in Book 31, Pages 11 to 15 of Maps, records of said County,
described as follows:
Commencing at the southwest corner of said Lot 431, being a point on the east line of Etiwanda Avenue, thirty (30)
foot half-width per said Tract 2102, as shown on Sheet 5 of Record of Survey 19-0109 filed in Book 168, Pages 53
through 63 of Record of Surveys, records of said County;
Thence along the south line of said Lot 431, N 89°09’33” E, a distance of 20.00 feet to a point on the west line of
the ten (10) foot wide right of way vacated by City of Rancho Cucamonga Resolution No. 91-336 as described in the
Resolution recorded December 12, 1991 as Document No. 91-469755 of Official Records of said County, said west
line being parallel with, and lying 50.00 feet east of the centerline of Etiwanda Avenue, said point being the True
Point of Beginning;
Thence 1st, along said west line, N 00°07’00” E, distance of 61.61 feet;
Thence 2nd, leaving said west line, and perpendicular thereto, S 89°53'00" E, a distance of 11.00 feet to a
line parallel with, and lying 11.00 feet east of said west line;
Thence 3rd, along last said parallel line, S 00°07’00” W, distance of 61.42 feet to the south line of said Lot
431;
Thence 4th, along said south line, S 89°09’33” W, a distance of 11.00 feet to the True Point of Beginning.
Containing 677 square feet, more or less.
Notes
· The above legal description is based on the dimensions, information, and land references shown on
Record of Survey 19-0109 filed in Book 168, Pages 53 through 63 of Record of Surveys.
· Bearings and distances are referenced to the California Coordinate System, Zone 5 grid, NAD83(2011)
CSRS Epoch 2017.50. To obtain ground level distances, multiply grid distances by 1.000060364.
This description has been prepared by me, or under my direction, in conformance with the Professional Land
Surveyors Act.
__________________________________________
Justin P. Height, PLS 6167 Date
Exhibit A-4
Resolution No. 2022-016 - Page 10 of 14
Page 392
j-almtpca NOTES
NW CORNER
OF LOT 436 ETIWANDA AVENUE P.O.B.
SW CORNER
OF LOT 436
50'
30'
30'
NORTH LINE
OF LOT 436
SCALE: 1"-100'
15'
DOC NO., 2005-07/1 J 542 aR
SOUTH LINE
/OF LOT 436
[5] 0
GUIDA
SURVEYING INC.
WHITTRAM AVENUE
THIS PLAT HAS BEEN PREPARED BY ME, OR
UNDER MY DI TION, IN CONFORMANCE WITH
THE PR L LAND SURVEYORS ACT.
10-04-2021
Job No. 0618-00016 Colombero TCE.dwg JUSTIN P. HEIG , PLS 6167 DATE
PLAT MAP IS BASED ON THE
INFORMATION AND LAND REFERENCES
SHOWN ON RECORD OF SURVEY
19-0109 FILED IN BOOK 168, PAGES
53 THROUGH 63 OF RECORD OF
SURVEYS.
BEARINGS AND DISTANCES ARE
REFERENCED TO THE CALIFORNIA
COORDINATE SYSTEM, ZONE 5 GRID,
NAD83(2011) CSRS EPOCH 2017.50.
TO OBTAIN GROUND LEVEL DISTANCES,
MULTIPLY GRID DISTANCES BY
1.000060364.
[1] NOO°07'00"E 300.00'
[2] N89°09'33"E 15.00'
[3] S00'07'00''W 264.49'
[4] S45°21'41 "E 49.79'
[5] S89'09'38''W 50.51'
PERMANENT ROAD EASEMENT
5,130 SQ. FT.
Exhibit B
Plat Map
Etiwanda Grade Separation Project
APN 229-161-01,02,03 / Colombero
Permanent Road Easement
Page 1 of 1 Pages Exhibit B-1Resolution No. 2022-016 - Page 11 of 14 Page 393
a 50'
I
P.O.C.
NW CORNER ,—
OF LOT 436
I
N89' 09' 33"E
15.00'
30'
4
15' 10'
(4,
Li > a
a z a
p w
S45' 21' 41"E
49.80'
T.P.O.B. (PARCEL A)
S89' 09' 33"W
16.00'
00' 07' 00"E
14.58'
S89' 53' 00"E
6.00'
APN 229-161-01
PARCEL A
NORTH UNE
/OF LOT 436
NOTES:
i
S89' 09' 33"W
PLAT MAP IS BASED ON THE INFOR ATION AND LAND REFERENCES SHOWN ON
RECORD OF SURVEY 19-0109 FILED I BOOK 168, PAGES 53 THROUGH 63 OF
RECORD OF SURVEYS.
BEARINGS AND DISTANCES ARE REFERENCED TO THE CALIFORNIA COORDINATE
DSYSTEM, ZONE 5 GRID, NAD83(2011 CSRS EPOCH 2017.50. TO OBTAIN GROUND
LEVEL DISTANCES, MULTIPLY GRID !STANCES BY 1 .000060364.
APN 229-161-02
N89' 09' 38"E
7.01'
LEGEND:
v A
0 u)
. 01 O z
APN 229-161-03
N45' 21' 41"W
45.61'
APN
229-161-04
0 In
APN 229-161-19
MC. Ma 250547V W 542 On
APN
229-161-05
Q,-WHITTRAM AVE. S89° 09' 38"W
Construction and Permanent Maintenance — 2,986 SF
Easement for Bridge Structure (Parcel A)
0 25 50
SCALE 1"=50'
\..
CITY OF RANCHO CUCAMONGA
EXHIBIT B.
APN 229-161-01,02,03/Colombero Parcel A
Construction and Permanent Maintenance Easement for Bridge Structure PAGE 1 OF 1
Exhibit B-2 Exhibit B-2 Resolution No. 2022-016 - Page 12 of 14
Page 394
a 50'
I
P.O.C.
NW CORNER ,
OF LOT 436 "V
I
N89' 09' 33"E
15.00'
I
APN 229-161-01
30' 1
3
S45' 21' 41"E
49.80'
NORTH UNE
/OF LOT 436
NOTES: 1
S89' 09' 33"W
PLAT MAP IS BASED ON THE INFOR ATION AND LAND REFERENCES SHOWN ON
RECORD OF SURVEY 19-0109 FILED I BOOK 168, PAGES 53 THROUGH 63 OF
RECORD OF SURVEYS.
BEARINGS AND DISTANCES ARE REFERENCED TO THE CALIFORNIA COORDINATE
DSYSTEM, ZONE 5 GRID, NAD83(2011 CSRS EPOCH 2017.50. TO OBTAIN GROUND
LEVEL DISTANCES, MULTIPLY GRID !STANCES BY 1 .000060364.
APN 229-161-02
APN 229-161-03 APN
229-161-04
APN 229-161-19
MC. Ma 200547`11 W 542 On
APN
229-161-05
N44' 38' 19-E
34.22'
NE9' 09' 38"E
138.46'
N45' 21' 41"W
14.03'
N89' 09' 38"E
63.00'
S89. 09'
,N/ 58 0' ,'%./ 0 /V /‘
N89' 09' 38"E
7.01'
LEGEND:
T.P.O.B n
(PARCEL B) PARCEL B
WHITTRAM AVE. S89° 09' 38"W
SOO' 07' 00"1.%
20.00'
SOO' 07' 00"W
14.00'
Temporary Construction — 3,192 SF
Easement (Parcel B)
S89' 09' 38"W
157.46'
0 25 50
SCALE 1"=50'
\..
CITY OF RANCHO CUCAMONGA
EXHIBIT B
APN 229-161-03,04,05,19/Colombero Parcel B
Temporary Construction Easement PAGE 1 OF 1
Exhibit B-3 Exhibit B-3 Resolution No. 2022-016 - Page 13 of 14
Page 395
NOTES
PLAT MAP IS BASED ON THE INFORMATION AND
LAND REFERENCES SHOWN ON RECORD OF
SURVEY FILED IN BOOK 168, PAGES 53
THROUGH 63 OF RECORD OF SURVEYS.
50'
-- - ..---
30'
30'
DOC., NO.,
2006-023227/2 FJH
(POR710N CF
LO7 431
7HAC7 2102)
\N \SOUTH LINE
\ OF LOT 431
I SEE
DETAIL
I / /
T.P.O.B.
P.O.C.
SW CORNER
OF LOT 431
LOT 436
-1'1Vi0-1' 2102
BEARINGS AND DISTANCES ARE REFERENCED TO
THE CALIFORNIA COORDINATE SYSTEM, ZONE 5
GRID, NAD83(2011) CSRS EPOCH 2017.50. TO
OBTAIN GROUND LEVEL DISTANCES, MULTIPLY
GRID DISTANCES BY 1.000060364.
SCALE: 1”.—,100'
0 V)
WHITTRAM AVENUE
THIS PLAT HAS BEEN PREPARED BY ME, OR
UNDER MY DI CTION, IN CONFORMANCE WITH
THE PROFES 1, L LAND SURVEYORS ACT.
10-04-2021
JUSTIN P. HEIGIlT, PLS 6167 DATE
MENNEN
• MEN
• IEEE
• IEEE GUIDA
N_JIMEN
MENNEN SURVEYING INC.
Job No. 0618-00016 Colombero TCE.dwg
[A]
COURSE TABLE
[A] N89'09'33"E 20.00'
[1] NO0'07'00"E 61.61'
[2] S89°53'00"E 11.00'
[3] SOO°07'00''W 61.42'
[4] S89°09'33''W 11.00'
WEST LINE OF 10'
WIDE ROW VACATION
PER DOC. NO.
91-469755 OR
[2]
11'
TEMPORARY
CONSTRUCTION
EASEMENT —
677 SQ. FT.
SOUTH LINE
OF LOT 431
[4]
P.O.C.
SW CORNER
OF LOT 431
DETAIL 1"=30'
Exhibit B
Plat Map
Etiwanda Grade Separation Project
APN 229-151-15 / Colombero
Temporary Construction Easement
Page 1 of 1 Pages
Exhibit B-4 Exhibit B-4 Resolution No. 2022-016 - Page 14 of 14
Page 396
SCG/DP Etiwanda LLC
100 Wilshire Blvd, Suite 250, Santa Monica, CA 90401 • Tel: 323.981.8293 • www.dedeauxproperties.com
VIA FED EX and EMAIL
CITY OF RANCHO CUCAMONGA
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
Attn: Jason C. Welday, City Engineer; Janice C. Reynolds, City Clerk
Email: Jason.Welday@cityofrc.us
Re: The City of Rancho Cucamonga’s Proposed Easement Including Certain
Real Property Interests located at 8822 and 8768 Etiwanda Avenue, Rancho
Cucamonga, California
Dear Mr. Welday:
We write in response to your letter dated December 22, 2021, regarding the consideration
being given to the exercise of eminent domain by the City of Rancho Cucamonga (the “City”) to
create an 8,073 square foot temporary construction easement for a period of 18 months (the
“Easement”) that would cover the real property located at 8822 and 8768 Etiwanda Avenue (the
“Property”). We, SCG/DP Etiwanda, LLC, are the owner of the Property, and by way of this
letter submit our objections to the Easement as presently envisioned and reserve our right to
appear and be heard on the subject at the January 19, 2020 City Council meeting.
The tenant of the Property is a trucking logistics company that handles a high-volume of
trucking activity. The potential Easement appears to include one of the points of entry and exit
from the street to the Property. Any full or partial loss of use of an entry point to the Property
will severely impede tenant’s ability to accommodate the level of trucking activity required for
its business operations. When this impediment is coupled with the protracted nature of the
Easement (1.5 years), it presents a serious threat to tenant’s business and ability to continue to
operate. In short, the Easement would create an undue and unnecessary hardship for tenant. The
Easement would also interfere with and hinder our ability, as the Property owner, to realize the
benefit of our investment.
While we do not oppose the widening of Etiwanda, and understand why an easement may
be needed, we ask that the Easement be revised so as to not unnecessarily burden the Property by
ATTACHMENT 10Page397
SCG/DP Etiwanda LLC
100 Wilshire Blvd, Suite 250, Santa Monica, CA 90401 • Tel: 323.981.8293 • www.dedeauxproperties.com
commandeering one of its points of egress and ingress. At this point, the inclusion of the
Property’s entry and exit point is our only known objection to the proposed Easement. In
addition, we note that no offer has been made by the City to SCG/DP Etiwanda, LLC, as
required by Government Code Section 7267.2.
Finally, please note that 8822 Etiwanda is subject to a Land Use Covenant between
SCG/DP Etiwanda, LLC, as successor in interest to DP Etiwanda, LLC, and the Department of
Toxic Substances Control dated August 19, 2020 (the “LUC”). Any easement that includes 8822
Etiwanda will need to abide by the LUC.
We appreciate your consideration of the objections and issues concerning the Easement
that are identified in this letter. Should you wish to discuss this matter prior to the January 19th
hearing, please feel free to contact Ted Evans at tede@dedeauxproperties.com or via phone at
323-984-7731.
Sincerely,
Brett J. Dedeaux
President / Managing Partner
DEDEAUX PROPERTIES
100 Wilshire Blvd.
Suite 250
Santa Monica, CA 90401
323.981.8294
brettd@dedeauxproperties.com
www.dedeauxproperties.com
Page 398
SCG/DP Etiwanda LLC
100 Wilshire Blvd, Suite 250, Santa Monica, CA 90401 • Tel: 323.981.8293 • www.dedeauxproperties.com
cc:
Page 399
Allen Matkins Leck Gamble Mallory & Natsis LLP
Attorneys at Law
1900 Main Street, 5th Floor | Irvine, CA 92614-7321
Telephone: 949.553.1313 | Facsimile: 949.553.8354
www.allenmatkins.com
K. Erik Friess
E-mail: rfriess@allenmatkins.com
Direct Dial: 949.851.5478 File Number: 378028.00061/4891-8353-6136
Los Angeles | Orange County | San Diego | Century City | San Francisco
Allen Matkins
VIA EMAIL/FEDEX
January 3, 2022
City of Rancho Cucamonga
City Council
Attn: Janice C. Reynolds, City Clerk
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
Email: Jason.Welday@cityofrc.us
Re: 8996 Etiwanda Avenue, Rancho Cucamonga, CA (APN 0229-283-79):
Request to Be Heard at the City's January 19, 2022, Hearing on its
Proposed Resolution of Necessity
Dear Ms. Reynolds:
This firm represents BTC III Etiwanda Commerce Center, LP, the owner of the property that
is the subject of the City of Rancho Cucamonga’s December 22, 2021, notice of hearing regarding
the City's intent to adopt a resolution of necessity authorizing partial condemnation of the property
located at 8996 Etiwanda Avenue, Rancho Cucamonga (APN: 0229-283-79), for use in developing
the Etiwanda Grade Separation Project. The City proposes to hold its hearing on the resolution of
necessity on January 19, 2022.
This letter constitutes BTC III's request to appear and be heard on the intended resolution of
necessity. This letter also provides notice that BTC III intends to, and hereby does, object to the
City’s adoption of the proposed resolution of necessity. BTC III reserves the right to submit
additional comments and objections in advance of and at the January 19 hearing.
Very truly yours,
K. Erik Friess
KEF:slp
cc: Regina Danner, Esq. (rdanner@rwglaw.com)
ATTACHMENT 11Page400
Douglas J. Dennington
Direct Dial: (714) 641-3419
E-mail: ddennington@rutan.com
January 12, 2022
Rutan & Tucker, LLP | 18575 Jamboree Road, 9th Floor
Irvine, CA 92612 | 714-641-5100 | Fax 714-546-9035
Orange County | Palo Alto | San Francisco | www.rutan.com
2590/016092-0074
17336025.1 a01/12/22
VIA ELECTRONIC MAIL & U.S. MAIL
Mr. Jason Welday
Director of Engineering/City Engineer
City of Rancho Cucamonga
10500 Civic Center Dr.
Rancho Cucamonga, CA 91730
jason.welday@cityofrc.us
Re: January 19, 2022 Hearing on Proposed Resolution of Necessity
Dear Mr. Welday:
This office has been retained by BCORE IE West Owner, LLC (“Client”) in connection
with the attempt by the City of Rancho Cucamonga (“City”) to acquire portions of Client’s
Etiwanda Avenue property for the Etiwanda Grade Separation Project (“Project”). We are in
receipt of your December 22, 2021 letter purporting to provide notice of the City’s intent to adopt
a Resolution of Necessity on January 19, 2022, in order to forcibly acquire our Client’s property
by eminent domain.
One of the findings the City must make in connection with its intended Resolution of
Necessity is that the City had made an offer to my Client that complies with Government Code
§ 7267.2. While we recognize the City purported to make an offer to my Client in November
2021, that offer in no way complies with the dictates of Section 7267.2. Section 7267.2(a)(1)
compels a government agency, prior to adopting a Resolution of Necessity, to “establish an
amount that it believes to be just compensation” and to “make an offer to the owner or owners of
record to acquire the property for the full amount so established.” The amount established by the
agency “shall not be less than the public entity’s approved appraisal of the fair market value of
the property.” (Ibid. [emph added].)
Preliminarily, we are unaware of any City Council meeting at which the City “approved”
any particular appraisal of my Client’s property, nor are we aware of any City Council meeting at
which the City “established” the amount of just compensation for the City’s intended taking of my
Client’s property.1 As you know, my Client’s property is fully improved with a large industrial
1 If we are incorrect in understanding, please let us know the date on which the City Council
approved the appraisal and established it as the “just compensation” amount, and provide any
agenda, agenda package and staff report for that particular decision. You may treat this as a request
ATTACHMENT 12
Page 401
Mr. Jason Welday
January 12, 2022
Page 2
2590/016092-0074
17336025.1 a01/12/22
complex. The purported “appraisal summary” that accompanied the City’s November 2021 offer
was based on a number of “land sales” that may theoretically shed some light on the value of the
portion taken,2 but have no bearing on any severance damages to which my Client is entitled.
Indeed, despite the fact that the Project is intended to take years to complete (next to and on the
Client’s property), the City’s appraiser has not developed any opinion on the amount of severance
damages to Client’s remainder parcel (which is improved). The land sales identified by the City’s
appraiser simply do not speak to the value of my Client’s fully-improved larger parcel or the
diminution in value to Client’s improved remainder parcel. It is therefore not surprising that the
City’s appraiser failed to comply with the requirements set forth in Section 7267.2(b)(3), that any
damages to an owner’s remaining property to be “separately stated” and accompanied by a
“narrative statement” explaining the severance damage conclusion. The summary statement
accompanying the City’s October 2021 offer merely concluded that there were “$0.00” severance
damages, without any narrative explanation or any quantitative calculation using sales of improved
properties. The appraisal summary actually states that the “narrative” explanation for no severance
damages was “not applicable.” How a multi-year grade separation project next to an improved
and operating industrial complex will not result in a diminution in value to my Client’s remainder
parcel remains a mystery. Nevertheless, the requirements under Government Code § 7267.2(b)(3)
are mandatory in every government acquisition, particularly “part take” situations as in this case,
and the City is required, at minimum, to provide a narrative explanation of the bases on which the
City’s appraiser relied to determine there would be no severance damages to my Client’s remainder
parcel.
In addition, the City also failed to provide sufficient information concerning even the land
sales the City’s appraiser relied on to determine the “fair market value” of the part of my Client’s
property the City intends to take. It would appear, however, that the City’s appraiser utilized sales
of unentitled land to value my Client’s property which is fully entitled and vested. The land sales
also date back to more than a year ago, with the exception of Land Sale 1 which transacted in
March of 2021. As we all know, property values have increased dramatically over the past two
years and are currently at an all-time high. We have independently researched comparable
properties in the area which are selling for as high as $100/sf—over 3 times the per square foot
value the City’s appraiser states my Client’s land is worth.
While we understand that the January 19th hearing is not intended to address disputes
regarding valuation, as your December 22nd letter states, one of the findings the City Council will
under the California Public Records Act.
2 By this, we in no way agree with the City’s appraisal conclusion of $27 per square foot. The
recent sales of similar properties in the area last year are in excess of $100 per square foot,
including a property Client recently purchased for on the order of $106 per square foot. The point
is that no land sale could ever be used as a metric to assess the depreciation in value to Client’s
improved remainder parcel.
Page 402
Mr. Jason Welday
January 12, 2022
Page 3
2590/016092-0074
17336025.1 a01/12/22
be asked to make is whether an offer has been made to my Client that complies with Government
Code § 7267.2. The City’s October 2021 offer does not come close to such compliance.
Accordingly, my Client objects to the proposed Resolution of Necessity in its entirety.
We trust that you will transmit copies of this letter to the individual City Council members.
Please also transmit to the City Clerk in order that this letter goes into the administrative record
for this matter. Thank you.
Sincerely,
RUTAN & TUCKER, LLP
Douglas J. Dennington
DJD:pj
Page 403
60178847.v1
December 29, 2021
City of Rancho Cucamonga Jason C. Welday
Attn: Janice C. Reynolds, City Clerk City Engineer
10500 Civic Center Drive 10500 Civic Center Drive
Rancho Cucamonga, California 91730 Rancho Cucamonga, California 91730
Jason.welday@cityofrc.us
Re: City of Rancho Cucamonga’s (“City”) January 19, 2022, Resolution of Necessity (RON)
Hearing: Objections to City’s Adoption of the RON
Dear City Council:
This firm represents Southern California Edison Company (“Edison”), owner of the property
located at 8949 Etiwanda Avenue, Rancho Cucamonga, California, bearing Assessor Parcel Number 0229-
291-22 (“Property”).
This responds to the City’s notice of intent to adopt a resolution of necessity (RON), which if
adopted would authorize the condemnation of portions of Edison’s Property for the City’s Etiwanda
Grade Separation Project (“Project”). Edison objects to the City’s adoption of the RON and requests this
letter be made a part of the record.
Background
By way of background, the Property contains Edison’s electrical infrastructure, and is also
currently utilized by Edison as a laydown yard which is critical to support several of Edison’s ongoing and
future electric transmission projects. Edison has been working collaboratively with the City to address
the needs of the City’s Project and its impacts to Edison’s Property. However, Edison needs additional
time to assess the impacts of the Project, work with the City on a relocation solution of Edison’s laydown
yard, and assess appropriate compensation. Further, any acquisition of Edison’s Property would be
subject to approval by the California Public Utilities Commission, which necessitates additional time. As
such, Edison requests that this RON hearing be postponed to allow Edison and the City to continue
working together to satisfy the Project needs, while minimizing impacts to Edison’s Property.
Objections
If the City proceeds with the RON hearing, Edison objects the City’s adoption of the RON, on the
following grounds:
ATTORNEYS AT LAW
18101 Von Karman Avenue
Suite 1800
Irvine, CA 92612
T 949.833.7800
F 949.833.7878
Bradford B. Kuhn
D 949.477.7651
bkuhn@nossaman.com
VIA FEDEX AND EMAIL
ATTACHMENT 13Page404
December 29, 2021
Page 2
60178847.v1
1. The Project Conflicts with an Existing Public Use.
The Property contains an existing public use – a variety of electrical infrastructure both above
and below ground, and it is also currently utilized as a laydown yard to ensure Edison can continue
upgrading its electric infrastructure. Edison uses this infrastructure to serve its millions of customers,
including the City itself, as well as individual customers, businesses, and other governmental and private
entities. The assets are necessary to maintain a reliable supply of electricity in Southern California and
are critical for the construction of Edison’s transmission line projects.
The City has failed to establish the Project as either a more necessary public use or a compatible
public use under Code of Civil Procedure section 1240.610 and section 1240.510. The City has not
established that its proposed use is a more necessary use or established that its proposed use does not
unreasonably interfere with or impair the continuance of the public use as it now exists or may
reasonably be expected to exist in the future.
2. The Project Is Not Planned or Located in the Manner That Will Be Most Compatible
With the Greatest Public Good and the Least Private Injury.
A public agency may not exercise the power of eminent domain for a proposed project unless it
establishes that “the project is planned or located in a manner that will be most compatible with the
greatest public good and the least private injury.” (Code Civ. Proc., § 1240.030, subd. (b).)
Because the City has failed to thoroughly analyze and compare whether the Project impacts
could be lessened in alternative locations, the City cannot make this requisite finding. As just one
example, the Property currently contains electrical utility infrastructure, which serves the public good.
The City has not prepared a relocation plan, provided a Notice of Eligibility of Relocation Benefits as
required by law, nor has the City analyzed the impacts of displacing or disrupting Edison’s laydown yard.
Edison has proposed a number of alternative designs which would eliminate or minimize impacts to
Edison’s Property, but the City has brushed those off because it would apparently take too much time to
assess an alternative design. As such, the Project is not planned or located in the manner that will be
most compatible with the greatest public good and the least private injury.
3. The City has Failed to Negotiate in Good Faith.
A public agency is required to make an offer to the property owner for the full amount of just
compensation, and thereafter engage in good faith negotiations. (Gov. Code, §§ 7267.1, 7267.2.)
California Code of Regulations, Title 25, section 6182, subdivision (i)(1) states:
Prior to commencement of an eminent domain proceeding the public entity shall
make reasonable efforts to discuss with the owner its offer to purchase the owner’s
real property. The owner shall be given a reasonable opportunity to present material
which he believes to be relevant as to the question of value and to suggest
modification in the proposed terms and conditions of the purchase, and the public
entity shall carefully consider the owner’s presentation.
Page 405
December 29, 2021
Page 3
60178847.v1
Subdivision (i)(1) states that if the evidence suggests a modification in the price, “an appropriate
price adjustment shall be made and the new amount determined to be just compensation shall be
promptly offered in writing to the owner.” As one court explained: “Government Code section 7267.1
imposes an affirmative obligation on a public entity seeking to condemn property to acquire that
property by negotiation.” (Johnston v. Sonoma County Agricultural Preservation and Open Space Dist.
(2002) 100 Cal.App.4th 973, 988.)
Recently enacted changes to the Eminent Domain law make even more clear the need for a
negotiation period between the time of the condemning agency’s offer and the passage of a resolution of
necessity. Under the law, the City was required to offer Edison $5,000 to obtain an independent
appraisal in order to evaluate the City’s offer. While the City’s “offer” contains language concerning such
an opportunity, the language is rendered meaningless by the fact that the City made an offer of
compensation on November 23, 2021, and thereafter rushed to proceed with this RON hearing by
providing notice of the RON hearing on December 22, 2021. This is amplified by the fact that Edison has
been working in good faith with the City to negotiate an acquisition to satisfy the City’s Project and
minimize impacts to its own Property since it received the City’s offer, only to be notified of the RON
hearing less than 30 days later. This clearly violates California law. Moreover, the City’s offer is
inadequate in that it does not fully address all of Edison’s Property; there is an additional portion of
Edison’s Property that is apparently required for the Project, yet the City has not even made Edison an
offer for that acquisition.
Conclusion
For the reasons set forth in this letter, the City Council members should not adopt the proposed
resolution of necessity. Edison therefore requests that the Board members not proceed with the hearing
on that resolution or, if the Board does proceed, vote to reject said resolution and allow Edison and the
City sufficient time to address these issues.
Thank you for your consideration of this matter.
Regards,
Bradford B. Kuhn
Nossaman LLP
Page 406
lo
- ^ O Q^O\ 1/lC.l-^ Q C^LA(j>.
^Qi^ictlO Cn(jM'in OLAq q_
Cii
(
J^Ti/Ye^
j
(^iy\j CL.
. lieu i^old^ Oti Cl^
n h/ ^\oe.●*v
sn^o
RECEIVED
N^OTicE of ^idf\^UJQ
JAN 13 'ail
CITY CLERK
CITY OF RANCHO CUCAMONGAyyy\<xc(s^\'^^ '\A
V 'V
1 M <'Cn l/UAetiMLUl {iit
Uc ivoiLt^ -to a
Q JTl -3 ■TO
I '~H^eu.Q
Cc( Cii.)
^u2ia_ ’AA ^
e I (A OlA.
uech0 ujae f ^L P
Ol j l^l J■o 2-X'.
Cu {j\n^DiAjQ I f/l
W ^ oi(^q u.
)■
fe ucl^ hj<U Oy\La^
. ’ /\ H ^ ^ tl
1/19/2022 CCM - Additional Material - Item F4
Etiwanda Grade Separation
Project
Public Hearing
Resolutions of Necessity
Public Need –Project Description
Project Limits
Public Need –Existing Conditions
Public Need –Existing Conditions
Public Need
Proposed Improvements
Bridge
Overcrossing
Access Roads
Public Need
Proposed Improvements
Project will include:
•Widening of Etiwanda Avenue to 4 lanes
•Grade separated railroad crossing
•Use of walls, embankments, and bridges
•Bicycle and pedestrian improvements
•Traffic signals
•Utility relocations
Public Need
Proposed Improvements
The project will result in:
•Reduced vehicle and truck delays and queuing.
•Improved level of service.
•Improved safety for bicyclists, vehicles, trucks, and trains.
•Improved response time for police, fire, paramedics, and
emergency medical technicians.
Right-of-Way Needs/Offers
KularLightningPMSCG of DP
Etiwanda
JonesGoodman
BTC III
BCORE IE
SCE Colombero
Right-of-Way Needs/Offers
Kular Truck Line Parcel:
Fee Simple Interest is
Needed for the Project.
Whittram Avenue
Etiwanda Avenue
Right-of-Way Needs/Offers
Lightning PM Parcel:
2,655 SF Temporary
Construction Easement is
Needed for the Project.
Etiwanda Avenue
Right-of-Way Needs/Offers
SCG of DP Etiwanda Parcel:
8,073 SF Temporary
Construction Easement is
Needed for the Project.
Etiwanda Avenue
Right-of-Way Needs/Offers
Jones, Garness & Clemons Parcel:
5,011 SF Temporary
Construction Easement is
Needed for the Project.Etiwanda Avenue
Right-of-Way Needs/Offers
Goodman Parcel (TCE1):
1,254 SF Temporary
Construction Easement is
Needed for the Project.Etiwanda AvenueGoodman Parcel (TCE2):
4,024 SF Temporary
Construction Easement is
Needed for the Project.
Right-of-Way Needs/Offers
BTC III Parcel (PRE1):
401 SF Permanent
Roadway Easement is
Needed for the Project.
Etiwanda Avenue
BTC III Parcel (PRE2):
14,801 SF Permanent
Roadway Easement is
Needed for the Project.
BTC III Parcel (TCE):
7,936 SF Temporary
Construction Easement is
Needed for the Project.
Right-of-Way Needs/Offers
BCORE IE Parcel (PRE):
1,201 SF Permanent
Roadway Easement is
Needed for the Project.
Etiwanda Avenue
BCORE IE Parcel (TCE):
1,295 SF Permanent
Roadway Easement is
Needed for the Project.
Right-of-Way Needs/Offers
SCE Parcel (PRE):
52,464 SF Permanent
Roadway Easement is
Needed for the Project.
Etiwanda Avenue
SCE Parcel (TCE):
1,972 SF Permanent
Roadway Easement is
Needed for the Project.Napa Avenue
Right-of-Way Needs/Offers
Colombero Parcel (PRE):
5,130 SF Permanent
Roadway Easement is
Needed for the Project.
Etiwanda Avenue
Colombero Parcel (CME):
2,986 SF Construction and
Maintenance Easement is
Needed for the Project.WhittramAvenueColombero Parcel (TCE-B):
3,192 SF Temporary
Construction Easement is
Needed for the Project.
Colombero Parcel (TCE):
677 SF Temporary
Construction Easement is
Needed for the Project.
Necessary Findings
A.The public interest and necessity require the project.
B.The proposed project is planned and located in the
manner that will be most compatible with the greatest
public good and least private injury.
C.The subject property interests described in each
Resolution of Necessity are necessary for the
proposed project.
D.The City has made an offer as required by Government
Code Section 7267.2 to each of the owners of record
of the real property it seeks to acquire.
DATE:January 19, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Lori Sassoon, Deputy City Manager/Administrative Services
SUBJECT:8:00 PM Time Certain: Public Hearing #3 - Consideration of City Council
District Boundaries, to Include Review of the Demographer’s Preliminary
Analysis; Review of the Public Mapping Tool and Inviting the Community
to Submit Maps; Review of Staff’s Presentation of Maps Prepared Using
the Discussed Criteria; and Receipt of Public Input on Communities of
Interest and Potential District Boundaries. (CITY)
RECOMMENDATION:
Staff recommends that the City Council receive a report from staff, and conduct a public hearing
to receive public input.
BACKGROUND:
On November 8, 2016, the voters of Rancho Cucamonga approved Ordinance 887, providing for
the election of four members of the City Council by four districts, with a Mayor elected at large,
and establishing the boundaries and election order of each district. At that time, the Council
districts were drawn using the 2010 Census data as was required by law.
Following each U.S. Census, which occurs every ten years, cities with by-district election systems
must use the new census data to review and, if needed, redraw district lines to reflect how local
populations have changed. This process, called redistricting, ensures all districts have nearly
equal population.
By law, the City must hold at least four (4) public hearings that enable community members to
provide input on the drawing of district maps. At least one hearing must occur before the city or
county draws draft maps. At least two public hearings must occur after the drawing of draft maps.
The Government Code requires that a final map be adopted and submitted to the County no later
than April 18, 2022.
The City has scheduled five (5) hearing dates for the Council Redistricting process. All hearings
are scheduled to take place at 8:00 pm in the City Council Chambers:
Wednesday, September 15, 2021
Wednesday, November 3, 2021
Wednesday, January 19, 2022
Wednesday, February 2, 2022
Wednesday, March 2, 2022
Page 407
Page 2
1
0
9
5
The first two hearings were held on September 15 and November 3, 2021. Recordings of those
hearings are available at www.drawrc.org.
The districts must now be redrawn using the 2020 census data and in compliance with the FAIR
MAPS Act, which was adopted by the California legislature as AB 849 and took effect January 1,
2020. Under the Act, the Council shall draw and adopt boundaries using the following criteria in
the listed order of priority in accordance with Elections Code 21601(c):
1. Comply with the federal requirements of equal population and the Voting Rights Act
2. Geographically contiguous
3. Undivided neighborhoods and “communities of interest” (socio-economic geographic
areas that should be kept together)
4. Easily identifiable boundaries
5. Compact (do not bypass one group of people to get to a more distant group of people)
6. Shall not favor or discriminate against a political party
Once the prioritized criteria are met, other traditional districting principles can be considered, such
as:
1. Minimize the number of voters delayed from voting in 2022 to 2024
2. Respect voters’ choices / continuity in office
3. Future population growth
ANALYSIS:
The purposes for Public Hearing #3 include:
Reviewing our demographer’s preliminary analysis of the Census 2020 demographic data,
including the prisoner-adjusted data released by the State of California on September 20,
2021
Review of the public mapping tool that is available for members of the public to consider
the data and submit their own City Council District maps for consideration
Review of any map drafts received from the public to date
Reviewing the draft map(s) that have been developed to date in conjunction with the
demographer
Receiving public input in communities of interest and potential district boundaries
At the hearing, National Demographics Corporation and staff will review maps that have been
developed to date, and any public map submittals. As of this writing, no map submittals from the
public have been received.
As noted prior to the last hearing, the Council will recall that in November 2017, the City entered
into a Mutual Release and Settlement Agreement with the Southwest Voter Registration Project
Page 408
Page 3
1
0
9
5
(“SVREP”) and Louisa Ollague (collectively “Plaintiff”), settling a lawsuit alleging a violation of the
California Voting Rights Act. Among other terms, that Agreement and its subsequent Amendment
No. 1 provide for Plaintiffs’ participation in the redistricting process to occur following the 2020
Census, and specifying certain timelines for that participation. In accordance with that settlement
agreement and amendment, the City submitted a draft map to the Plaintiffs for discussion and
consideration by November 12, 2021.
To that end, Draft Map 103 was provided to the Plaintiffs on October 29, 2021, and then presented
as one of three draft maps at the redistricting public hearing on November 3, 2021. This draft
meets the required federal and state criteria, and would make minimal changes to the existing
City Council District boundaries. Since that time, discussions with the Plaintiffs have been
ongoing. Other draft maps are being prepared for consideration that will be presented at the
January 19 public hearing, with the goal of reaching an agreement between the parties on a single
map.
While discussions with the Plaintiffs are ongoing, the City Council will continue to receive public
input on this matter, including map submissions from the public, for further consideration at the
subsequent public hearings. These two processes – the public input and hearing process, and
the timelines and processes contained in the settlement agreement - will continue to be conducted
concurrently.
No further public comments have been received since the last hearing date. The public is
encouraged to participate in the hearing.
Residents are encouraged to visit www.drawrc.org to follow updates on the redistricting process,
review data and materials, and participate in the process by offering comments and submitting
maps for consideration. The next scheduled public hearing will be held on Wednesday,
February 2, 2022.
FISCAL IMPACT:
None
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
Conducting this public hearing is in keeping with the City Council’s mission to ensure and advance
the quality of life for the community through inclusive decision making.
ATTACHMENTS:
N/A
Page 409
01/19/2022 CITY COUNCIL MEETING - ADDITIONAL CORRESPONDENCE RECEIVED FOR ITEM G1
From: Timothy Walker <scarletwalker13@gmail.com>
Sent: Wednesday, January 19, 2022 4:51 PM
To: City Clerk <City.Clerk@cityofrc.us>
Subject: Rancho Cucamonga
Dear City Clerk,
I would like to submit a city council map for the City of Rancho Cucamonga’s redistricting process .
Below are key points of the city that are kept together in each of these districts. I’ve included the 2020 Census Blocks
equivalency file along with a photo of the map submitted.
Please let me know if I forgot to include anything. Thank you and have a great day .
District 1 (Northwest)
• Keeps together the historic Alta Loma community
• Demographics, socioeconomic factors, and housing prices are the most similar
• North of the 210, it takes in the portion of the city WEST of Haven
• Most of the Alta Loma School District is grouped into the district
• Alta Loma High School is in this district
• Absorbs the Red Hill community and adjacent neighborhoods west of Hellman Ave. and north of Foothill Blvd.
• Sam Maloof House and John Rains House kept together in this district
District 2 (South)
• 44.5% Latino CVAP
• Highest Black CVAP
• Serves all of the Cucamonga School District and portion of Central School District
• Cities manufacturing hub is in this portion of the city
• Quakes Stadium & Animal Shelter are in this district
• Northtown Community of Interest (COI) kept whole
• Keeps the entirety of the city south of Foothill Blvd. together
• Doesn’t go north of Baseline Rd., east of Hermosa Ave. and west of Hellman Ave.
District 3 (Center)
• Captures the city-center of Rancho Cucamonga
• Central Park & Senior Center is included in this district
• Second highest Asian and Black CVAP of all the districts
• Fastest expanding section of the city
• Most diverse section of the city
• Central School District is the primary School District that serves this district, in additions to portions of Alta Loma
School District and Etiwanda School District
• Rancho Cucamonga High School is in this district
District 4 (Northeast)
• Historic Etiwanda community
• Highest Asian CVAP population
• Captures the eastern end of the city, which is still expanding
• North of the 210, it takes in the portion of the city EAST of Haven
• Wealthier families are in this district
• Victoria Gardens Mall is apart of this district
• Most of the Etiwanda School District is in this school district
• Etiwanda High School and Los Osos High School are in this district
• Chaffey College is grouped into this district
GEOID20 District
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 1
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 1
6.07E+13 1
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 4
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 2
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
6.07E+13 3
District Total Pop Devation Total VAP White Minority
1 43542 -0.16%32482 56.47%43.53%
2 43671 0.13%30113 31.99%68.01%
3 43763 0.34%29468 39.86%60.14%
4 43477 -0.31%29856 38.02%61.98%
Hispanic Black Asian Native Pacific
30.26%4.71%7.17%1.11%0.04%
44.49%14.95%6.91%1.34%0.52%
32.83%12.90%12.48%0.72%0.77%
34.94%10.66%15.32%0.19%0.05%
City of Rancho Cucamonga
Redistricting 2021-2022
1/19/2022 Todd Tatum
National Demographics Corporation
2
Redistricting Process
2*SB 594 would explicitly confirm maps may be adopted by resolution.
Step Description
Two Initial Hearings
September 16 & November 3
The first hearing held prior to release of draft maps.
Education and to solicit input on the communities in the Districts.
The second hearing comes after the release of the California Data.
There will Draft maps to review on November 3, 2021
Census Data Release
Mid/Late August
Census Bureau releases official 2020 Census population data.
California Data Release
September 27, 2021
California Statewide Database releases California’s official ‘prisoner-
adjusted’ 2020 redistricting data.
Three Draft Map
Hearings
January 19 & February 2 &
February 16
Three Public Hearings to discuss and revise the draft maps and to
discuss the election sequence.
Final map could be decided at Final Hearing.
Map Adoption
By April 17, 2022
Final map must be posted at least 7 days prior to adoption.
Map adopted via ordinance.*
3
Equal Population
Federal Voting Rights Act
No Racial Gerrymandering
Minimize voters shifted to
different election years
Respect voters’ choices /
continuity in office
Future population growth
Preserving the core of existing
districts
1. Federal Laws 2. California Criteria for
Cities (rank ordered)
1.Geographically contiguous
2.Undivided neighborhoods and
“communities of interest”
(Socio-economic geographic areas that
should be kept together)
3.Easily identifiable boundaries
4.Compact
(Do not bypass one group of people to
get to a more distant group of people)
Prohibited:
“Shall not favor or discriminate against
a political party.”
3. Other Traditional
Redistricting Principles
3
Redistricting Rules and Goals
4
Initial Draft Maps
NDC has developed 4 draft maps for the City Council
to review.
The maps Number 103, and more recently 104, were
presented to Plaintiffs per the City’s settlement and
discussion is ongoing.
5
6
NDC Rancho Cucamonga Map 103
Rancho Cucamonga 103
District 1 2 3 4 Total
Total Pop 44,007 43,939 45,130 41,733 174,809
Deviation from ideal 305 237 1,428 -1,969 3,397
% Deviation 0.70%0.54%3.27%-4.51%7.77%
Total Pop
% Hisp 35.8%48%34%32%37%
% NH White 47%23%31%36%34%
% NH Black 5%13%11%8%10%
% Asian-American 9%13%20%21%16%
Citizen Voting Age Pop
Total 32,610 30,975 30,923 28,607 123,115
% Hisp 31%43%35%30%35%
% NH White 56%30%35%44%41%
% NH Black 4%16%15%9%11%
% Asian/Pac.Isl.6%10%13%15%11%
Voter Registration (Nov
2020)
Total 30,758 21,492 25,743 27,038 105,031
% Latino est.29%42%32%29%32%
% Spanish-Surnamed 27%38%29%27%30%
% Asian-Surnamed 3%5%7%8%6%
% Filipino-Surnamed 1%2%3%2%2%
% NH White est.64%37%44%53%51%
% NH Black 4%17%17%10%11%
Voter Turnout (Nov
2020)
Total 26,175 16,730 21,413 22,767 87,085
% Latino est.28%40%31%28%31%
% Spanish-Surnamed 26%37%28%26%29%
% Asian-Surnamed 3%5%7%8%5%
% Filipino-Surnamed 1%2%3%2%2%
% NH White est.65%38%45%54%52%
% NH Black 4%17%17%10%11%
7
8
NDC Rancho Cucamonga Map 104
Rancho Cucamonga 104
District 1 2 3 4 Total
Total Pop 43,400 44,600 42,439 44,370 174,809
Deviation from ideal -302 898 -1,263 668 2,161
% Deviation -0.69%2.05%-2.89%1.53%4.94%
Total Pop
% Hisp 34.4%48%34%33%37%
% NH White 47%25%31%35%34%
% NH Black 5%12%12%8%10%
% Asian-American 10%11%21%21%16%
Citizen Voting Age Pop
Total 31,777 31,634 29,010 30,693 123,115
% Hisp 29%44%36%31%35%
% NH White 58%32%33%42%41%
% NH Black 4%15%16%9%11%
% Asian/Pac.Isl.7%8%13%16%11%
Voter Registration (Nov
2020)
Total 30,511 22,426 23,793 28,301 105,031
% Latino est.28%43%32%30%32%
% Spanish-Surnamed 25%39%29%27%30%
% Asian-Surnamed 4%4%7%8%6%
% Filipino-Surnamed 1%2%3%2%2%
% NH White est.65%39%43%51%51%
% NH Black 4%16%18%10%11%
Voter Turnout (Nov
2020)
Total 26,020 17,543 19,668 23,854 87,085
% Latino est.27%41%31%29%31%
% Spanish-Surnamed 25%37%28%27%29%
% Asian-Surnamed 3%4%7%8%5%
% Filipino-Surnamed 1%2%3%2%2%
% NH White est.66%40%43%52%52%
% NH Black 4%16%18%10%11%
9
Public Mapping and Map Review Tools
Different tools for different purposes
Different tools for different levels of technical skill and interest
Simple “review draft maps” tool
Easy-to-use “Draw your neighborhood” tool
Paper-and Excel-based simple “Draw a draft map” tools that will have a
link on the drawrc.org webpage
Whether you use the powerful online mapping tool, excel,
the paper kit, or just draw on a napkin…we welcome your
maps!
10Date
Simple Map Drawing Tool
Paper “Public Participation Kit”
Easy to use
Total Population Counts
only –no demographic
numbers
11
“Public Participation Kit”
For those who know
Excel and do not wish
to use online tools
Adds CVAP data
Excel does the math
Date
Simple Map Drawing Tool + Excel Supplement
12
Simple Map Review Tool
Online Interactive Review Map
ESRI’s “ArcGIS Online” –similar to Google Maps in ease of use
Used to review, analyze and compare maps, not to create them
Includes overlays of “community of interest” and other data
12
13
Redistricting Process Details
Date(s)Description Comments
September 16, 2021 1st Public Hearing
November 3, 2021 2nd Public Hearing
September -October 2021
Mapping software released to the public
*Estimated time depending on Census
data
January 19, 2022 3rd Public Hearing
January 24, 2022 Maps due from the Public
February 2, 2022 4th Public Hearing to consider Draft
maps, make preliminary selection
February 16, 2022 5th Public Hearing and Council adopt
District map
April 17, 2022 Deadline to adopt and submit map to
Registrar
14
Public Hearing & Discussion
14
Any Questions on the Draft Maps presented tonight?
Any questions about the mapping tools?
Any questions on the process as it relates to the
Settlement Agreement?
15
Share Your Thoughts
Website
https://drawrc.org
Phone
(909) 774-2023
Email
city.clerk@cityofrc.us
15
DATE:January 19, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Noah Daniels, Finance Director
SUBJECT:Consideration of an Agreement with SDI Presence LLC for Enterprise
Resource Planning Software Consulting Services and Authorizing an
Appropriation in the Amount of $270,000. (CITY)
RECOMMENDATION:
Staff recommends that the City Council approve an agreement with SDI Presence LLC (SDI) for
enterprise resource planning (ERP) software consulting services and authorize an appropriation
of $270,000 to account 1714001-5300.
BACKGROUND:
In the City’s fledgling years, the City developed an in-house financial system to process the
accounting transactions and provide financial information for reporting. Then in the early 2000s,
as a result of natural growth, a more sophisticated financial system was necessary to handle the
financial transactions and business processes. The City procured a financial system that met the
developing needs at that time. Since then, iterations and versions of that same software,
ONESolution, have provided various degrees of marginal improvement.
More than twenty years after implementing that system, the City’s size and complexity are again
outgrowing the financial system’s abilities; the City is now a nearly $300 million public corporation
compared to $140 million in the Fiscal Year 2000/01. ONESolution lacks features found in other
financial systems on the market that can handle the increasingly complex financial transactions
in today’s business operations. Processes central for daily accounting and financial
recordkeeping, like accounts payable, procurement, and financial planning, are underperforming
compared with those modern business systems.
Numerous issues have been experienced while attempting to improve the existing financial
system due to the developer’s various technical and resource-related problems. The cause of
these issues stems from multiple changes in ownership during a short timeframe and a change
in headquarters location from California to Florida, which resulted in a significant loss of legacy
talent that served the City over the last two decades. In addition, the current developer has
demonstrated fewer resources and an apparent lack of investment in their financial and
administrative products, shifting more development and investment to the public safety sector
products. These issues have also contributed towards diminishing support and technical services
with the current version.
There are also significant concerns that ONESolution could eventually become unsupported and
future development would not be possible. Among those concerns is that ONESolution’s core
Page 410
Page 2
1
0
8
6
platform is built on the COBOL programming language platform. Resources to support this legacy
platform are limited, leaving the developer potentially unable to staff talent to manage
ONESolution in the long term.
In Fall 2021, City staff began to evaluate ONESolution and formulate a comprehensive
recommendation to City Council to ensure the City has a modern financial system, and initially
planned to recommend the City make improvements to ONESolution and determine if it could
facilitate the City’s long-term needs. However, despite the developer’s attempts to identify
resources and a timeline to improve the existing financial system, no resources have been
secured up to this point. There are also concerns about the cost and time investment from
implementing a new version of ONESolution based on the lack of features and the diminishing
technical and customer support experienced.
ANALYSIS:
At this time, it is recommended that the City begin the procurement process to identify a new ERP
system to replace the existing financial system. A new financial system will improve business
processes and operational effectiveness by implementing industry best practices and automation
of manual processes. In addition, more modern financial systems have increased financial and
resource management functions, which improve the ability to analyze data and generate reports,
improving decision-making overall. Lastly, access to technology supports the City’s evolving
needs and enables the City to meet future business functions, regulatory, or industry changes, all
of which become more sophisticated over time.
A consultant to provide project management services is essential for the ERP system
procurement and implementation success. A consultant assisting with the selection, procurement,
and implementation of a new ERP system will provide valuable layers of experience and enhance
approaches during a costly and time extensive process undertaken once every few decades.
In Fall 2021, SDI, a firm that helps public sector clients plan, procure, implement, and manage
ERP system procurement and project management, provided an overview of their services. SDI
has assisted neighboring agencies, including Ontario, Cucamonga Valley Water District, Chino
Hills, Glendale, Redlands, and Manhattan Beach. Additionally, SDI has an outstanding team of
seasoned professionals with extensive experience supporting public agency financial system
projects secured for the City, including the former CIO from the City of Ontario as the senior
project manager.
Due to these factors and positive feedback from SDI customers, City staff requested a service
proposal to assess the City’s ERP system needs, recommend vendors that meet those needs,
and assist with implementation project management.
A general description of the tasks performed by SDI and timeline for the ERP system procurement
schedules are as follows:
Phase 1 – January to February
SDI will begin the process by conducting planning and kickoff meetings to clearly
understand the City’s goals and objectives, roles and responsibilities, approach, tasks,
and timeline. The outcome for these meetings is developing a well-defined work plan and
process for accomplishing the City’s overall objectives for a new financial system.
Page 411
Page 3
1
0
8
6
Phase 2 – February to April
During this phase, SDI will begin evaluating the City’s existing financial system and
conduct workshops to identify needs for a new financial system. Using the existing
financial system as a baseline for alternative financial systems and a comprehensive
understanding and prioritization of new financial system features and functionality, SDI will
analyze ERP system options and facilitate a workshop to results before developing a plan
for the final phase.
Phase 3 – April to May
In the final phase, SDI will prepare a Request for Information (RFI) outlining the City’s
needs, objectives, and processes for potential vendors. SDI will manage any vendor
inquiries and assist with the reivew of the RFI responses to determine which short-listed
vendors will be invited to Proof-of-Capabilities (POC) participation. The POC is a critical
component of the selection process, as it ensures that vendors can demonstrate the
capabilities of their products.
The final deliverable from SDI is a recommendation for an ERP system to the City Council. SDI
will then provide project management services during implementation to ensure the achievement
of the goals and objectives developed during the needs assessment.
FISCAL IMPACT:
The estimated project costs for SDI are $270,000. This estimated cost includes assistance with
ERP system procurement, which is anticipated to be completed in May 2022; project management
services for implementation for Fiscal Year 2022/23; and contingencies for both projects.
However, these are estimated amounts, and the City Council will receive updates as the project
moves forward.
An appropriation of $270,000 into account number 1714001-5300 (Contract Services) from the
City’s Computer Equipment and Technology Replacement Fund is requested to perform these
services.
The estimated cost of the ERP system is not included in this estimate and will be determined over
the coming months and provided to the City Council as part of the Fiscal Year 2022/23 budget
process.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
The ERP software consulting supports the City Council’s vision to build on our success as a world-
class community by intentionally embracing and anticipating the future and creating opportunities
for all to thrive.
ATTACHMENTS:
None
Page 412
Financial System
Procurement and Selection
January 19, 2022
•The City’s financial system has evolved, mirroring
business process needs.
•Current business processes are outgrowing existing
financial system.
Introduction and Background
In-house developed
financial system Implemented current
financial software Need for modern
financial system
Early years 2000/2001 Now
Concerns and Issues
In addition to underperforming processes, there have
been experienced:
Dim inishing customer and technical support.
Core platform is developed on legacy programming
language.
Analysis
The City needs a modern financial system for current
and future business processes.
Streamline business
processes Reduce or eliminate
redundant data entry and
manual processes
Provide interface to promote
system use and productivity Create comprehensive and
integrated solution for
business functionsImprove necessary reports
and access to data
Recommendation
City Staff recom m ends starting the procurement
process for a new financial system:
1.Approving an agreement with SDI Presence, LLC for
consulting services for selection and implementation
of the financial system, and
2.Authorizing an appropriation for $270,000 for the
consulting services.
Project Tim eline and Milestones
Phase 1
January to
February
•Work Plan
•Kickoff Meeting
Phase 2
February to
April
•System
requirement
workshops
•Create vendor
listing
Phase 3
April to May
•Release RFI to
solution providers
•Proof-of-
capabilities
•Recommendation
to City Council
Next Steps After Phase 3
Around May/June, City staff will update the City
Council with:
1.A recommendation for a new financial system, and
2.An estimated project scope and timeline for
implementation.
Questions
?