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HomeMy WebLinkAbout2022/04/20 - 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 (REVISED PUBLIC COMMUNICATIONS OPTION 4/20/2022 10:00AM) CITY OF RANCHO CUCAMONGA REGULAR MEETING AGENDA April 20, 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)774​2751, if speaking on a Public Hearing item, please dial in when the Public Hearing is being heard at (909)774​2751 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/city​council​agendas or Local Cable: RCTV​3 Programming. The City of Rancho Cucamonga thanks you in advance for taking all precautions to prevent spreading the COVID​19 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. CITY ATTORNEY ITEMS D1.Training Provided by City Attorney on Behested Payment Disclosure Requirements and Reporting Payments Made for a Charitable, Legislative or Government Purpose. E. CONDUCT OF CLOSED SESSION E1.CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR PER GOVERNMENT CODE SECTION 54957.6 REGARDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA CITY EMPLOYEES’ ASSOCIATION (RCCEA) AND TEAMSTERS LOCAL 1932. – (CITY) E2.CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V. SOUTHERN CALIFORNIA EDISON, SBSC CASE NO.: CIVSB2201969. (CITY) E3.CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V. KULAR TRUCK LINE, INC., SBSC CASE NO.: CIVSB2201968. (CITY) E4.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229​162​23; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) E5.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) E6.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR REAL PROPERTY IDENTIFIED AS 8920 8TH STREET, RANCHO CUCAMONGA; CITY NEGOTIATOR: JOHN GILLISON, CITY MANAGER; NEGOTIATING PARTIES: JULIAN F. TORKAN, MADISON CAPITAL GROUP, INC.; UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT. – CITY E7.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE RANCHO CUCAMONGA METROLINK  STATION IDENTIFIED AS PARCEL NUMBERS 020927211, 020914321, AND 020927222 AND CERTAIN ADJACENT RIGHT​­OF­​WAY INCLUDED WITHIN THE STATION FOOTPRINT; CITY NEGOTIATOR: JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA; NEGOTIATING PARTIES: SARAH WATERSON, PRESIDENT, REPRESENTING DESERTXPRESS ENTERPRISES, LLC, DBA AS BRIGHTLINE WEST; UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT. – (CITY) F. 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 B1.Presentation of a Proclamation Honoring CONFIRE Dispatchers and Declaring the Week of April 11­ 17, 2022 as National Dispatchers and Telecommunications Week. C. PUBLIC COMMUNICATIONS Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority. This is the time and place for the general public to address the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council from addressing any issue not previously included on the Agenda. The Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon without discussion unless an item is removed by Council Member for discussion. Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar. D. CONSENT CALENDAR D1.Consideration of Meeting Minutes for the Regular Meetings of: March 16, 2022. D2.Consideration to Approve City and Fire District Bi­Weekly Payroll in the Total Amount of $1,713,151.44 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $6,320,895.51 Dated March 28, 2022 Through April 10, 2022. (CITY/FIRE) D3.Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $31,881.86 Dated March 28, 2022 Through April 10, 2022. (CITY/FIRE) D4.Consideration to Receive and File Current Investment Schedules as of March 31, 2022 for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE) D5.Consideration to Continue the Existing Local Emergency Due to the Novel Coronavirus (COVID­19) Pandemic. (CITY) D6.Consideration to Schedule a Public Hearing for Placement of Liens for Delinquent Solid Waste Accounts. (CITY) D7.Consideration to Accept the Emergency Management Performance Grant Revenue in the Amount of $28,018, Awarded by the California Office of Emergency Services and Administered by the San Bernardino County Fire Department, Office of Emergency Services, Fiscal Year 2021. (CITY/FIRE) D8.Consideration of a Professional Services Agreement with Mary McGrath Architects for Conceptual Design Build Services for the Fire Station 171, Fire Station 173, and Fire Station 174 Projects in the Amount of $502,650, and Authorization of an Appropriation of $502,650. (FIRE) D9.Consideration to Accept as Complete, File a Notice of Completion, and Authorize Release of Retention for the RCFPD Fire Station No. 176 Site Improvements Project. (FIRE) D10.Consideration to Approve Tract Map 19996, Located at 9353 Fairview Place, on the Southwest Corner of Milliken Avenue and 6th Street, Related to Case No. ENG2021­00021. (CITY) D11.Consideration of a Professional Services Agreement with Procure America for Cost Reduction Consulting Services for the City’s Gas, Water, and Electric Utilities Accounts. (CITY) D12.Consideration of a Contract with Onyx Paving Company, Inc., in an Amount of $371,000, Plus 10% Contingency for the Center Avenue Pavement Rehabilitation Project. (CITY) D13.Consideration of (1) Resolution of Intent to Establish Street Lighting Services Community Facilities District No. 2022­01; (2) Resolution of Intent to Annex Future Territory to Street Lighting Services Community Facilities District No. 2022­01; (3) Resolution of Intent to Establish Industrial Area Services Community Facilities District No. 2022­02; (4) Resolution of Intent to Annex Future Territory to Industrial Area Services Community Facilities District No. 2022­02. (RESOLUTION NOS. 2022­039, 2022­040, 2022­041 AND 2022­042) (CITY) D14.Consideration of Resolutions Authorizing Submittal of a Claim to the San Bernardino County Transportation Authority (SBCTA) for Transportation Development Act (TDA) Article 3 Funds for the Cucamonga Creek Channel Maintenance Project and Haven Avenue Sidewalk Improvement Project. (RESOLUTION NOS. 2022­037 AND 2022­038) (CITY) D15.Consideration to Adopt a Resolution Updating the Rancho Cucamonga Executive Management Group Salary Schedule for Fiscal Year 2021­22, Including a Salary Adjustment to the Planning and Economic Development Director and Assistant City Manager Classifications, and updating the Rancho Cucamonga City Employees Association Salary Schedule for Fiscal Year 2021­22, Including a Change in Exempt Status for the Library Assistant I Classification. (RESOLUTION NO. 2022­043) (CITY) E. CONSENT CALENDAR ORDINANCE(S) ­ SECOND READING/ADOPTION F. ADMINISTRATIVE HEARING ITEM(S) G. ADVERTISED PUBLIC HEARINGS ITEM(S) ­ CITY/FIRE DISTRICT G1.Public Hearing for Consideration of an Appeal of the Planning Commission's Decision to Approve Design Review DRC2019­00766 ­ Ralph Karubian, Applicant. The Project is a Site Plan and Architectural Review of a 159,580 Square­Foot Industrial/Warehouse Building on 7.39 Acres of Land in the Industrial Employment (IE) District on the Northwest Corner of Jersey Boulevard and Milliken Avenue; APN: 0229­111­60. An Environmental Impact Report (EIR) Was Prepared For This Project. (RESOLUTION NO. 2022­035 AND RESOLUTION NO. 2022­036) (CITY) G2.Public Hearing for the Approval of the Draft 2022­2023 Action Plan for the Community Development Block Grant (CDBG) Program. (CITY) H. CITY MANAGER'S STAFF REPORT(S) I. COUNCIL BUSINESS I1.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I2.INTER​AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) J. CITY ATTORNEY ITEMS K. IDENTIFICATION OF ITEMS FOR NEXT MEETING L. ADJOURNMENT CERTIFICATION I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least Seventy​Two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the City's website 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(REVISED PUBLIC COMMUNICATIONS OPTION 4/20/2022 10:00AM)CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDAApril 20, 202210500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY­ SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TRI­COMMUNITIES ROOM 4:30 P.M.REGULAR MEETINGS        COUNCIL CHAMBERS 7:00 P.M.The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in theCouncil Chambers located at 10500 Civic Center Drive.  It Is the Intent to conclude the meeting by 10:00p.m. unless extended by the concurrence of the City Council.  Agendas, minutes, and recordings ofmeetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 909­774­2023. LiveBroadcast available on Channel 3 (RCTV­3).In accordance with AB 361, and to ensure the health and safety of our residents by 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 the publicmay also attend the meeting in person. Those wishing to speak during public communication maycall at the start of the meeting by dialing (909)774​2751, if speaking on a Public Hearing item,please dial in when the Public Hearing is being heard at (909)774​2751 to be added to the queuefor public comment. Calls will be answered in the order received. Members of the public areencouraged to watch from the safety of their homes by Live Streaming on the City's website athttps://www.cityofrc.us/your​ government/city​council​agendas or Local Cable: RCTV​3Programming. The City of Rancho Cucamonga thanks you in advance for taking all precautions toprevent spreading the COVID​19 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. CITY ATTORNEY ITEMS D1.Training Provided by City Attorney on Behested Payment Disclosure Requirements and Reporting Payments Made for a Charitable, Legislative or Government Purpose. E. CONDUCT OF CLOSED SESSION E1.CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR PER GOVERNMENT CODE SECTION 54957.6 REGARDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA CITY EMPLOYEES’ ASSOCIATION (RCCEA) AND TEAMSTERS LOCAL 1932. – (CITY) E2.CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V. SOUTHERN CALIFORNIA EDISON, SBSC CASE NO.: CIVSB2201969. (CITY) E3.CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V. KULAR TRUCK LINE, INC., SBSC CASE NO.: CIVSB2201968. (CITY) E4.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229​162​23; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) E5.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) E6.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR REAL PROPERTY IDENTIFIED AS 8920 8TH STREET, RANCHO CUCAMONGA; CITY NEGOTIATOR: JOHN GILLISON, CITY MANAGER; NEGOTIATING PARTIES: JULIAN F. TORKAN, MADISON CAPITAL GROUP, INC.; UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT. – CITY E7.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE RANCHO CUCAMONGA METROLINK  STATION IDENTIFIED AS PARCEL NUMBERS 020927211, 020914321, AND 020927222 AND CERTAIN ADJACENT RIGHT​­OF­​WAY INCLUDED WITHIN THE STATION FOOTPRINT; CITY NEGOTIATOR: JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA; NEGOTIATING PARTIES: SARAH WATERSON, PRESIDENT, REPRESENTING DESERTXPRESS ENTERPRISES, LLC, DBA AS BRIGHTLINE WEST; UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT. – (CITY) F. 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 B1.Presentation of a Proclamation Honoring CONFIRE Dispatchers and Declaring the Week of April 11­ 17, 2022 as National Dispatchers and Telecommunications Week. C. PUBLIC COMMUNICATIONS Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority. This is the time and place for the general public to address the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council from addressing any issue not previously included on the Agenda. The Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon without discussion unless an item is removed by Council Member for discussion. Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar. D. CONSENT CALENDAR D1.Consideration of Meeting Minutes for the Regular Meetings of: March 16, 2022. D2.Consideration to Approve City and Fire District Bi­Weekly Payroll in the Total Amount of $1,713,151.44 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $6,320,895.51 Dated March 28, 2022 Through April 10, 2022. (CITY/FIRE) D3.Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $31,881.86 Dated March 28, 2022 Through April 10, 2022. (CITY/FIRE) D4.Consideration to Receive and File Current Investment Schedules as of March 31, 2022 for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE) D5.Consideration to Continue the Existing Local Emergency Due to the Novel Coronavirus (COVID­19) Pandemic. (CITY) D6.Consideration to Schedule a Public Hearing for Placement of Liens for Delinquent Solid Waste Accounts. (CITY) D7.Consideration to Accept the Emergency Management Performance Grant Revenue in the Amount of $28,018, Awarded by the California Office of Emergency Services and Administered by the San Bernardino County Fire Department, Office of Emergency Services, Fiscal Year 2021. (CITY/FIRE) D8.Consideration of a Professional Services Agreement with Mary McGrath Architects for Conceptual Design Build Services for the Fire Station 171, Fire Station 173, and Fire Station 174 Projects in the Amount of $502,650, and Authorization of an Appropriation of $502,650. (FIRE) D9.Consideration to Accept as Complete, File a Notice of Completion, and Authorize Release of Retention for the RCFPD Fire Station No. 176 Site Improvements Project. (FIRE) D10.Consideration to Approve Tract Map 19996, Located at 9353 Fairview Place, on the Southwest Corner of Milliken Avenue and 6th Street, Related to Case No. ENG2021­00021. (CITY) D11.Consideration of a Professional Services Agreement with Procure America for Cost Reduction Consulting Services for the City’s Gas, Water, and Electric Utilities Accounts. (CITY) D12.Consideration of a Contract with Onyx Paving Company, Inc., in an Amount of $371,000, Plus 10% Contingency for the Center Avenue Pavement Rehabilitation Project. (CITY) D13.Consideration of (1) Resolution of Intent to Establish Street Lighting Services Community Facilities District No. 2022­01; (2) Resolution of Intent to Annex Future Territory to Street Lighting Services Community Facilities District No. 2022­01; (3) Resolution of Intent to Establish Industrial Area Services Community Facilities District No. 2022­02; (4) Resolution of Intent to Annex Future Territory to Industrial Area Services Community Facilities District No. 2022­02. (RESOLUTION NOS. 2022­039, 2022­040, 2022­041 AND 2022­042) (CITY) D14.Consideration of Resolutions Authorizing Submittal of a Claim to the San Bernardino County Transportation Authority (SBCTA) for Transportation Development Act (TDA) Article 3 Funds for the Cucamonga Creek Channel Maintenance Project and Haven Avenue Sidewalk Improvement Project. (RESOLUTION NOS. 2022­037 AND 2022­038) (CITY) D15.Consideration to Adopt a Resolution Updating the Rancho Cucamonga Executive Management Group Salary Schedule for Fiscal Year 2021­22, Including a Salary Adjustment to the Planning and Economic Development Director and Assistant City Manager Classifications, and updating the Rancho Cucamonga City Employees Association Salary Schedule for Fiscal Year 2021­22, Including a Change in Exempt Status for the Library Assistant I Classification. (RESOLUTION NO. 2022­043) (CITY) E. CONSENT CALENDAR ORDINANCE(S) ­ SECOND READING/ADOPTION F. ADMINISTRATIVE HEARING ITEM(S) G. ADVERTISED PUBLIC HEARINGS ITEM(S) ­ CITY/FIRE DISTRICT G1.Public Hearing for Consideration of an Appeal of the Planning Commission's Decision to Approve Design Review DRC2019­00766 ­ Ralph Karubian, Applicant. The Project is a Site Plan and Architectural Review of a 159,580 Square­Foot Industrial/Warehouse Building on 7.39 Acres of Land in the Industrial Employment (IE) District on the Northwest Corner of Jersey Boulevard and Milliken Avenue; APN: 0229­111­60. An Environmental Impact Report (EIR) Was Prepared For This Project. (RESOLUTION NO. 2022­035 AND RESOLUTION NO. 2022­036) (CITY) G2.Public Hearing for the Approval of the Draft 2022­2023 Action Plan for the Community Development Block Grant (CDBG) Program. (CITY) H. CITY MANAGER'S STAFF REPORT(S) I. COUNCIL BUSINESS I1.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I2.INTER​AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) J. CITY ATTORNEY ITEMS K. IDENTIFICATION OF ITEMS FOR NEXT MEETING L. ADJOURNMENT CERTIFICATION I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least Seventy​Two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the City's website 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(REVISED PUBLIC COMMUNICATIONS OPTION 4/20/2022 10:00AM)CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDAApril 20, 202210500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY­ SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TRI­COMMUNITIES ROOM 4:30 P.M.REGULAR MEETINGS        COUNCIL CHAMBERS 7:00 P.M.The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in theCouncil Chambers located at 10500 Civic Center Drive.  It Is the Intent to conclude the meeting by 10:00p.m. unless extended by the concurrence of the City Council.  Agendas, minutes, and recordings ofmeetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 909­774­2023. LiveBroadcast available on Channel 3 (RCTV­3).In accordance with AB 361, and to ensure the health and safety of our residents by 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 the publicmay also attend the meeting in person. Those wishing to speak during public communication maycall at the start of the meeting by dialing (909)774​2751, if speaking on a Public Hearing item,please dial in when the Public Hearing is being heard at (909)774​2751 to be added to the queuefor public comment. Calls will be answered in the order received. Members of the public areencouraged to watch from the safety of their homes by Live Streaming on the City's website athttps://www.cityofrc.us/your​ government/city​council​agendas or Local Cable: RCTV​3Programming. The City of Rancho Cucamonga thanks you in advance for taking all precautions toprevent spreading the COVID​19 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. CITY ATTORNEY ITEMSD1.Training Provided by City Attorney on Behested Payment Disclosure Requirements and ReportingPayments Made for a Charitable, Legislative or Government Purpose.E. CONDUCT OF CLOSED SESSIONE1.CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCESDIRECTOR PER GOVERNMENT CODE SECTION 54957.6 REGARDING LABOR NEGOTIATIONSWITH THE RANCHO CUCAMONGA CITY EMPLOYEES’ ASSOCIATION (RCCEA)AND TEAMSTERS LOCAL 1932. – (CITY)E2.CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4)OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.SOUTHERN CALIFORNIA EDISON, SBSC CASE NO.: CIVSB2201969. (CITY)E3.CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4)OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.KULAR TRUCK LINE, INC., SBSC CASE NO.: CIVSB2201968. (CITY)E4.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229​162​23; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATINGPARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)E5.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)E6.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR REAL PROPERTY IDENTIFIED AS 8920 8TH STREET, RANCHO CUCAMONGA;CITY NEGOTIATOR: JOHN GILLISON, CITY MANAGER; NEGOTIATING PARTIES: JULIAN F.TORKAN, MADISON CAPITAL GROUP, INC.; UNDER NEGOTIATION: PRICE AND TERMS OFPAYMENT. – CITYE7.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY GENERALLY LOCATED AT THE RANCHO CUCAMONGA METROLINK STATION IDENTIFIED AS PARCEL NUMBERS 020927211, 020914321, AND 020927222 ANDCERTAIN ADJACENT RIGHT​­OF­​WAY INCLUDED WITHIN THE STATION FOOTPRINT; CITYNEGOTIATOR: JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHOCUCAMONGA; NEGOTIATING PARTIES: SARAH WATERSON, PRESIDENT, REPRESENTINGDESERTXPRESS ENTERPRISES, LLC, DBA AS BRIGHTLINE WEST; UNDER NEGOTIATION:PRICE AND TERMS OF PAYMENT. – (CITY)F. 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 B1.Presentation of a Proclamation Honoring CONFIRE Dispatchers and Declaring the Week of April 11­ 17, 2022 as National Dispatchers and Telecommunications Week. C. PUBLIC COMMUNICATIONS Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority. This is the time and place for the general public to address the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council from addressing any issue not previously included on the Agenda. The Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon without discussion unless an item is removed by Council Member for discussion. Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar. D. CONSENT CALENDAR D1.Consideration of Meeting Minutes for the Regular Meetings of: March 16, 2022. D2.Consideration to Approve City and Fire District Bi­Weekly Payroll in the Total Amount of $1,713,151.44 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $6,320,895.51 Dated March 28, 2022 Through April 10, 2022. (CITY/FIRE) D3.Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $31,881.86 Dated March 28, 2022 Through April 10, 2022. (CITY/FIRE) D4.Consideration to Receive and File Current Investment Schedules as of March 31, 2022 for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE) D5.Consideration to Continue the Existing Local Emergency Due to the Novel Coronavirus (COVID­19) Pandemic. (CITY) D6.Consideration to Schedule a Public Hearing for Placement of Liens for Delinquent Solid Waste Accounts. (CITY) D7.Consideration to Accept the Emergency Management Performance Grant Revenue in the Amount of $28,018, Awarded by the California Office of Emergency Services and Administered by the San Bernardino County Fire Department, Office of Emergency Services, Fiscal Year 2021. (CITY/FIRE) D8.Consideration of a Professional Services Agreement with Mary McGrath Architects for Conceptual Design Build Services for the Fire Station 171, Fire Station 173, and Fire Station 174 Projects in the Amount of $502,650, and Authorization of an Appropriation of $502,650. (FIRE) D9.Consideration to Accept as Complete, File a Notice of Completion, and Authorize Release of Retention for the RCFPD Fire Station No. 176 Site Improvements Project. (FIRE) D10.Consideration to Approve Tract Map 19996, Located at 9353 Fairview Place, on the Southwest Corner of Milliken Avenue and 6th Street, Related to Case No. ENG2021­00021. (CITY) D11.Consideration of a Professional Services Agreement with Procure America for Cost Reduction Consulting Services for the City’s Gas, Water, and Electric Utilities Accounts. (CITY) D12.Consideration of a Contract with Onyx Paving Company, Inc., in an Amount of $371,000, Plus 10% Contingency for the Center Avenue Pavement Rehabilitation Project. (CITY) D13.Consideration of (1) Resolution of Intent to Establish Street Lighting Services Community Facilities District No. 2022­01; (2) Resolution of Intent to Annex Future Territory to Street Lighting Services Community Facilities District No. 2022­01; (3) Resolution of Intent to Establish Industrial Area Services Community Facilities District No. 2022­02; (4) Resolution of Intent to Annex Future Territory to Industrial Area Services Community Facilities District No. 2022­02. (RESOLUTION NOS. 2022­039, 2022­040, 2022­041 AND 2022­042) (CITY) D14.Consideration of Resolutions Authorizing Submittal of a Claim to the San Bernardino County Transportation Authority (SBCTA) for Transportation Development Act (TDA) Article 3 Funds for the Cucamonga Creek Channel Maintenance Project and Haven Avenue Sidewalk Improvement Project. (RESOLUTION NOS. 2022­037 AND 2022­038) (CITY) D15.Consideration to Adopt a Resolution Updating the Rancho Cucamonga Executive Management Group Salary Schedule for Fiscal Year 2021­22, Including a Salary Adjustment to the Planning and Economic Development Director and Assistant City Manager Classifications, and updating the Rancho Cucamonga City Employees Association Salary Schedule for Fiscal Year 2021­22, Including a Change in Exempt Status for the Library Assistant I Classification. (RESOLUTION NO. 2022­043) (CITY) E. CONSENT CALENDAR ORDINANCE(S) ­ SECOND READING/ADOPTION F. ADMINISTRATIVE HEARING ITEM(S) G. ADVERTISED PUBLIC HEARINGS ITEM(S) ­ CITY/FIRE DISTRICT G1.Public Hearing for Consideration of an Appeal of the Planning Commission's Decision to Approve Design Review DRC2019­00766 ­ Ralph Karubian, Applicant. The Project is a Site Plan and Architectural Review of a 159,580 Square­Foot Industrial/Warehouse Building on 7.39 Acres of Land in the Industrial Employment (IE) District on the Northwest Corner of Jersey Boulevard and Milliken Avenue; APN: 0229­111­60. An Environmental Impact Report (EIR) Was Prepared For This Project. (RESOLUTION NO. 2022­035 AND RESOLUTION NO. 2022­036) (CITY) G2.Public Hearing for the Approval of the Draft 2022­2023 Action Plan for the Community Development Block Grant (CDBG) Program. (CITY) H. CITY MANAGER'S STAFF REPORT(S) I. COUNCIL BUSINESS I1.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I2.INTER​AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) J. CITY ATTORNEY ITEMS K. IDENTIFICATION OF ITEMS FOR NEXT MEETING L. ADJOURNMENT CERTIFICATION I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least Seventy​Two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the City's website 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(REVISED PUBLIC COMMUNICATIONS OPTION 4/20/2022 10:00AM)CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDAApril 20, 202210500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY­ SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TRI­COMMUNITIES ROOM 4:30 P.M.REGULAR MEETINGS        COUNCIL CHAMBERS 7:00 P.M.The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in theCouncil Chambers located at 10500 Civic Center Drive.  It Is the Intent to conclude the meeting by 10:00p.m. unless extended by the concurrence of the City Council.  Agendas, minutes, and recordings ofmeetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 909­774­2023. LiveBroadcast available on Channel 3 (RCTV­3).In accordance with AB 361, and to ensure the health and safety of our residents by 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 the publicmay also attend the meeting in person. Those wishing to speak during public communication maycall at the start of the meeting by dialing (909)774​2751, if speaking on a Public Hearing item,please dial in when the Public Hearing is being heard at (909)774​2751 to be added to the queuefor public comment. Calls will be answered in the order received. Members of the public areencouraged to watch from the safety of their homes by Live Streaming on the City's website athttps://www.cityofrc.us/your​ government/city​council​agendas or Local Cable: RCTV​3Programming. The City of Rancho Cucamonga thanks you in advance for taking all precautions toprevent spreading the COVID​19 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. CITY ATTORNEY ITEMSD1.Training Provided by City Attorney on Behested Payment Disclosure Requirements and ReportingPayments Made for a Charitable, Legislative or Government Purpose.E. CONDUCT OF CLOSED SESSIONE1.CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCESDIRECTOR PER GOVERNMENT CODE SECTION 54957.6 REGARDING LABOR NEGOTIATIONSWITH THE RANCHO CUCAMONGA CITY EMPLOYEES’ ASSOCIATION (RCCEA)AND TEAMSTERS LOCAL 1932. – (CITY)E2.CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4)OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.SOUTHERN CALIFORNIA EDISON, SBSC CASE NO.: CIVSB2201969. (CITY)E3.CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4)OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.KULAR TRUCK LINE, INC., SBSC CASE NO.: CIVSB2201968. (CITY)E4.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229​162​23; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATINGPARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)E5.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)E6.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR REAL PROPERTY IDENTIFIED AS 8920 8TH STREET, RANCHO CUCAMONGA;CITY NEGOTIATOR: JOHN GILLISON, CITY MANAGER; NEGOTIATING PARTIES: JULIAN F.TORKAN, MADISON CAPITAL GROUP, INC.; UNDER NEGOTIATION: PRICE AND TERMS OFPAYMENT. – CITYE7.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY GENERALLY LOCATED AT THE RANCHO CUCAMONGA METROLINK STATION IDENTIFIED AS PARCEL NUMBERS 020927211, 020914321, AND 020927222 ANDCERTAIN ADJACENT RIGHT​­OF­​WAY INCLUDED WITHIN THE STATION FOOTPRINT; CITYNEGOTIATOR: JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHOCUCAMONGA; NEGOTIATING PARTIES: SARAH WATERSON, PRESIDENT, REPRESENTINGDESERTXPRESS ENTERPRISES, LLC, DBA AS BRIGHTLINE WEST; UNDER NEGOTIATION:PRICE AND TERMS OF PAYMENT. – (CITY)F. 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 / PRESENTATIONSB1.Presentation of a Proclamation Honoring CONFIRE Dispatchers and Declaring the Week of April 11­17, 2022 as National Dispatchers and Telecommunications Week.C. PUBLIC COMMUNICATIONSMembers of the City Council also sit as the Fire Board, Housing Successor Agency, SuccessorAgency, and Public Finance Authority. This is the time and place for the general public to addressthe Fire Protection District, Housing Successor Agency, Successor Agency, Public FinancingAuthority Board, and City Council on any item listed or not listed on the agenda. State law prohibits theFire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board,and City Council from addressing any issue not previously included on the Agenda. The Fire ProtectionDistrict, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Councilmay receive testimony and set the matter for a subsequent meeting.Comments are to be limited to five minutes per individual or less, as deemed necessary by theMayor, depending upon the number of individuals desiring to speak. All communications are to beaddressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to themembers of the audience. This is a professional business meeting and courtesy and decorum are expected.Please refrain from any debate between audience and speaker, making loud noises, or engaging in anyactivity which might be disruptive to the decorum of the meeting.The public communications period will not exceed one hour prior to the commencement of thebusiness portion of the agenda. During this one hour period, all those who wish to speak on a topiccontained in the business portion of the agenda will be given priority, and no further speaker cards for thesebusiness items (with the exception of public hearing items) will be accepted once the business portion of theagenda commences. Any other public communications which have not concluded during this one hour periodmay resume after the regular business portion of the agenda has been completed. CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon without discussion unless an item is removed by Council Member for discussion. Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar. D. CONSENT CALENDAR D1.Consideration of Meeting Minutes for the Regular Meetings of: March 16, 2022. D2.Consideration to Approve City and Fire District Bi­Weekly Payroll in the Total Amount of $1,713,151.44 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $6,320,895.51 Dated March 28, 2022 Through April 10, 2022. (CITY/FIRE) D3.Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $31,881.86 Dated March 28, 2022 Through April 10, 2022. (CITY/FIRE) D4.Consideration to Receive and File Current Investment Schedules as of March 31, 2022 for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE) D5.Consideration to Continue the Existing Local Emergency Due to the Novel Coronavirus (COVID­19) Pandemic. (CITY) D6.Consideration to Schedule a Public Hearing for Placement of Liens for Delinquent Solid Waste Accounts. (CITY) D7.Consideration to Accept the Emergency Management Performance Grant Revenue in the Amount of $28,018, Awarded by the California Office of Emergency Services and Administered by the San Bernardino County Fire Department, Office of Emergency Services, Fiscal Year 2021. (CITY/FIRE) D8.Consideration of a Professional Services Agreement with Mary McGrath Architects for Conceptual Design Build Services for the Fire Station 171, Fire Station 173, and Fire Station 174 Projects in the Amount of $502,650, and Authorization of an Appropriation of $502,650. (FIRE) D9.Consideration to Accept as Complete, File a Notice of Completion, and Authorize Release of Retention for the RCFPD Fire Station No. 176 Site Improvements Project. (FIRE) D10.Consideration to Approve Tract Map 19996, Located at 9353 Fairview Place, on the Southwest Corner of Milliken Avenue and 6th Street, Related to Case No. ENG2021­00021. (CITY) D11.Consideration of a Professional Services Agreement with Procure America for Cost Reduction Consulting Services for the City’s Gas, Water, and Electric Utilities Accounts. (CITY) D12.Consideration of a Contract with Onyx Paving Company, Inc., in an Amount of $371,000, Plus 10% Contingency for the Center Avenue Pavement Rehabilitation Project. (CITY) D13.Consideration of (1) Resolution of Intent to Establish Street Lighting Services Community Facilities District No. 2022­01; (2) Resolution of Intent to Annex Future Territory to Street Lighting Services Community Facilities District No. 2022­01; (3) Resolution of Intent to Establish Industrial Area Services Community Facilities District No. 2022­02; (4) Resolution of Intent to Annex Future Territory to Industrial Area Services Community Facilities District No. 2022­02. (RESOLUTION NOS. 2022­039, 2022­040, 2022­041 AND 2022­042) (CITY) D14.Consideration of Resolutions Authorizing Submittal of a Claim to the San Bernardino County Transportation Authority (SBCTA) for Transportation Development Act (TDA) Article 3 Funds for the Cucamonga Creek Channel Maintenance Project and Haven Avenue Sidewalk Improvement Project. (RESOLUTION NOS. 2022­037 AND 2022­038) (CITY) D15.Consideration to Adopt a Resolution Updating the Rancho Cucamonga Executive Management Group Salary Schedule for Fiscal Year 2021­22, Including a Salary Adjustment to the Planning and Economic Development Director and Assistant City Manager Classifications, and updating the Rancho Cucamonga City Employees Association Salary Schedule for Fiscal Year 2021­22, Including a Change in Exempt Status for the Library Assistant I Classification. (RESOLUTION NO. 2022­043) (CITY) E. CONSENT CALENDAR ORDINANCE(S) ­ SECOND READING/ADOPTION F. ADMINISTRATIVE HEARING ITEM(S) G. ADVERTISED PUBLIC HEARINGS ITEM(S) ­ CITY/FIRE DISTRICT G1.Public Hearing for Consideration of an Appeal of the Planning Commission's Decision to Approve Design Review DRC2019­00766 ­ Ralph Karubian, Applicant. The Project is a Site Plan and Architectural Review of a 159,580 Square­Foot Industrial/Warehouse Building on 7.39 Acres of Land in the Industrial Employment (IE) District on the Northwest Corner of Jersey Boulevard and Milliken Avenue; APN: 0229­111­60. An Environmental Impact Report (EIR) Was Prepared For This Project. (RESOLUTION NO. 2022­035 AND RESOLUTION NO. 2022­036) (CITY) G2.Public Hearing for the Approval of the Draft 2022­2023 Action Plan for the Community Development Block Grant (CDBG) Program. (CITY) H. CITY MANAGER'S STAFF REPORT(S) I. COUNCIL BUSINESS I1.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I2.INTER​AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) J. CITY ATTORNEY ITEMS K. IDENTIFICATION OF ITEMS FOR NEXT MEETING L. ADJOURNMENT CERTIFICATION I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least Seventy​Two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the City's website 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(REVISED PUBLIC COMMUNICATIONS OPTION 4/20/2022 10:00AM)CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDAApril 20, 202210500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY­ SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TRI­COMMUNITIES ROOM 4:30 P.M.REGULAR MEETINGS        COUNCIL CHAMBERS 7:00 P.M.The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in theCouncil Chambers located at 10500 Civic Center Drive.  It Is the Intent to conclude the meeting by 10:00p.m. unless extended by the concurrence of the City Council.  Agendas, minutes, and recordings ofmeetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 909­774­2023. LiveBroadcast available on Channel 3 (RCTV­3).In accordance with AB 361, and to ensure the health and safety of our residents by 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 the publicmay also attend the meeting in person. Those wishing to speak during public communication maycall at the start of the meeting by dialing (909)774​2751, if speaking on a Public Hearing item,please dial in when the Public Hearing is being heard at (909)774​2751 to be added to the queuefor public comment. Calls will be answered in the order received. Members of the public areencouraged to watch from the safety of their homes by Live Streaming on the City's website athttps://www.cityofrc.us/your​ government/city​council​agendas or Local Cable: RCTV​3Programming. The City of Rancho Cucamonga thanks you in advance for taking all precautions toprevent spreading the COVID​19 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. CITY ATTORNEY ITEMSD1.Training Provided by City Attorney on Behested Payment Disclosure Requirements and ReportingPayments Made for a Charitable, Legislative or Government Purpose.E. CONDUCT OF CLOSED SESSIONE1.CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCESDIRECTOR PER GOVERNMENT CODE SECTION 54957.6 REGARDING LABOR NEGOTIATIONSWITH THE RANCHO CUCAMONGA CITY EMPLOYEES’ ASSOCIATION (RCCEA)AND TEAMSTERS LOCAL 1932. – (CITY)E2.CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4)OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.SOUTHERN CALIFORNIA EDISON, SBSC CASE NO.: CIVSB2201969. (CITY)E3.CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4)OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.KULAR TRUCK LINE, INC., SBSC CASE NO.: CIVSB2201968. (CITY)E4.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229​162​23; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATINGPARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)E5.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)E6.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR REAL PROPERTY IDENTIFIED AS 8920 8TH STREET, RANCHO CUCAMONGA;CITY NEGOTIATOR: JOHN GILLISON, CITY MANAGER; NEGOTIATING PARTIES: JULIAN F.TORKAN, MADISON CAPITAL GROUP, INC.; UNDER NEGOTIATION: PRICE AND TERMS OFPAYMENT. – CITYE7.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY GENERALLY LOCATED AT THE RANCHO CUCAMONGA METROLINK STATION IDENTIFIED AS PARCEL NUMBERS 020927211, 020914321, AND 020927222 ANDCERTAIN ADJACENT RIGHT​­OF­​WAY INCLUDED WITHIN THE STATION FOOTPRINT; CITYNEGOTIATOR: JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHOCUCAMONGA; NEGOTIATING PARTIES: SARAH WATERSON, PRESIDENT, REPRESENTINGDESERTXPRESS ENTERPRISES, LLC, DBA AS BRIGHTLINE WEST; UNDER NEGOTIATION:PRICE AND TERMS OF PAYMENT. – (CITY)F. 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 / PRESENTATIONSB1.Presentation of a Proclamation Honoring CONFIRE Dispatchers and Declaring the Week of April 11­17, 2022 as National Dispatchers and Telecommunications Week.C. PUBLIC COMMUNICATIONSMembers of the City Council also sit as the Fire Board, Housing Successor Agency, SuccessorAgency, and Public Finance Authority. This is the time and place for the general public to addressthe Fire Protection District, Housing Successor Agency, Successor Agency, Public FinancingAuthority Board, and City Council on any item listed or not listed on the agenda. State law prohibits theFire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board,and City Council from addressing any issue not previously included on the Agenda. The Fire ProtectionDistrict, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Councilmay receive testimony and set the matter for a subsequent meeting.Comments are to be limited to five minutes per individual or less, as deemed necessary by theMayor, depending upon the number of individuals desiring to speak. All communications are to beaddressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to themembers of the audience. This is a professional business meeting and courtesy and decorum are expected.Please refrain from any debate between audience and speaker, making loud noises, or engaging in anyactivity which might be disruptive to the decorum of the meeting.The public communications period will not exceed one hour prior to the commencement of thebusiness portion of the agenda. During this one hour period, all those who wish to speak on a topiccontained in the business portion of the agenda will be given priority, and no further speaker cards for thesebusiness items (with the exception of public hearing items) will be accepted once the business portion of theagenda commences. Any other public communications which have not concluded during this one hour periodmay resume after the regular business portion of the agenda has been completed.CONSENT CALENDARS:The following Consent Calendar items are expected to be routine and noncontroversial. They will be actedupon without discussion unless an item is removed by Council Member for discussion.Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, andPublic Finance Authority and may act on the consent calendar for those bodies as part of a single motion withthe City Council consent calendar.D. CONSENT CALENDARD1.Consideration of Meeting Minutes for the Regular Meetings of: March 16, 2022.D2.Consideration to Approve City and Fire District Bi­Weekly Payroll in the Total Amount of$1,713,151.44 and City and Fire District Weekly Check Registers (Excluding Checks Issued toSouthern California Gas Company) in the Total Amount of $6,320,895.51 Dated March 28,2022 Through April 10, 2022. (CITY/FIRE)D3.Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued toSouthern California Gas Company in the Total Amount of $31,881.86 Dated March 28, 2022Through April 10, 2022. (CITY/FIRE)D4.Consideration to Receive and File Current Investment Schedules as of March 31, 2022 for theCity of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE)D5.Consideration to Continue the Existing Local Emergency Due to the Novel Coronavirus(COVID­19) Pandemic. (CITY)D6.Consideration to Schedule a Public Hearing for Placement of Liens for Delinquent Solid WasteAccounts. (CITY)D7.Consideration to Accept the Emergency Management Performance Grant Revenue in theAmount of $28,018, Awarded by the California Office of Emergency Services andAdministered by the San Bernardino County Fire Department, Office of Emergency Services,Fiscal Year 2021. (CITY/FIRE)D8.Consideration of a Professional Services Agreement with Mary McGrath Architects forConceptual Design Build Services for the Fire Station 171, Fire Station 173, and Fire Station174 Projects in the Amount of $502,650, and Authorization of an Appropriation of $502,650.(FIRE)D9.Consideration to Accept as Complete, File a Notice of Completion, and Authorize Release ofRetention for the RCFPD Fire Station No. 176 Site Improvements Project. (FIRE)D10.Consideration to Approve Tract Map 19996, Located at 9353 Fairview Place, on the Southwest Corner of Milliken Avenue and 6th Street, Related to Case No. ENG2021­00021. (CITY) D11.Consideration of a Professional Services Agreement with Procure America for Cost Reduction Consulting Services for the City’s Gas, Water, and Electric Utilities Accounts. (CITY) D12.Consideration of a Contract with Onyx Paving Company, Inc., in an Amount of $371,000, Plus 10% Contingency for the Center Avenue Pavement Rehabilitation Project. (CITY) D13.Consideration of (1) Resolution of Intent to Establish Street Lighting Services Community Facilities District No. 2022­01; (2) Resolution of Intent to Annex Future Territory to Street Lighting Services Community Facilities District No. 2022­01; (3) Resolution of Intent to Establish Industrial Area Services Community Facilities District No. 2022­02; (4) Resolution of Intent to Annex Future Territory to Industrial Area Services Community Facilities District No. 2022­02. (RESOLUTION NOS. 2022­039, 2022­040, 2022­041 AND 2022­042) (CITY) D14.Consideration of Resolutions Authorizing Submittal of a Claim to the San Bernardino County Transportation Authority (SBCTA) for Transportation Development Act (TDA) Article 3 Funds for the Cucamonga Creek Channel Maintenance Project and Haven Avenue Sidewalk Improvement Project. (RESOLUTION NOS. 2022­037 AND 2022­038) (CITY) D15.Consideration to Adopt a Resolution Updating the Rancho Cucamonga Executive Management Group Salary Schedule for Fiscal Year 2021­22, Including a Salary Adjustment to the Planning and Economic Development Director and Assistant City Manager Classifications, and updating the Rancho Cucamonga City Employees Association Salary Schedule for Fiscal Year 2021­22, Including a Change in Exempt Status for the Library Assistant I Classification. (RESOLUTION NO. 2022­043) (CITY) E. CONSENT CALENDAR ORDINANCE(S) ­ SECOND READING/ADOPTION F. ADMINISTRATIVE HEARING ITEM(S) G. ADVERTISED PUBLIC HEARINGS ITEM(S) ­ CITY/FIRE DISTRICT G1.Public Hearing for Consideration of an Appeal of the Planning Commission's Decision to Approve Design Review DRC2019­00766 ­ Ralph Karubian, Applicant. The Project is a Site Plan and Architectural Review of a 159,580 Square­Foot Industrial/Warehouse Building on 7.39 Acres of Land in the Industrial Employment (IE) District on the Northwest Corner of Jersey Boulevard and Milliken Avenue; APN: 0229­111­60. An Environmental Impact Report (EIR) Was Prepared For This Project. (RESOLUTION NO. 2022­035 AND RESOLUTION NO. 2022­036) (CITY) G2.Public Hearing for the Approval of the Draft 2022­2023 Action Plan for the Community Development Block Grant (CDBG) Program. (CITY) H. CITY MANAGER'S STAFF REPORT(S) I. COUNCIL BUSINESS I1.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I2.INTER​AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) J. CITY ATTORNEY ITEMS K. IDENTIFICATION OF ITEMS FOR NEXT MEETING L. ADJOURNMENT CERTIFICATION I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least Seventy​Two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the City's website 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(REVISED PUBLIC COMMUNICATIONS OPTION 4/20/2022 10:00AM)CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDAApril 20, 202210500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY­ SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TRI­COMMUNITIES ROOM 4:30 P.M.REGULAR MEETINGS        COUNCIL CHAMBERS 7:00 P.M.The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in theCouncil Chambers located at 10500 Civic Center Drive.  It Is the Intent to conclude the meeting by 10:00p.m. unless extended by the concurrence of the City Council.  Agendas, minutes, and recordings ofmeetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 909­774­2023. LiveBroadcast available on Channel 3 (RCTV­3).In accordance with AB 361, and to ensure the health and safety of our residents by 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 the publicmay also attend the meeting in person. Those wishing to speak during public communication maycall at the start of the meeting by dialing (909)774​2751, if speaking on a Public Hearing item,please dial in when the Public Hearing is being heard at (909)774​2751 to be added to the queuefor public comment. Calls will be answered in the order received. Members of the public areencouraged to watch from the safety of their homes by Live Streaming on the City's website athttps://www.cityofrc.us/your​ government/city​council​agendas or Local Cable: RCTV​3Programming. The City of Rancho Cucamonga thanks you in advance for taking all precautions toprevent spreading the COVID​19 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. CITY ATTORNEY ITEMSD1.Training Provided by City Attorney on Behested Payment Disclosure Requirements and ReportingPayments Made for a Charitable, Legislative or Government Purpose.E. CONDUCT OF CLOSED SESSIONE1.CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCESDIRECTOR PER GOVERNMENT CODE SECTION 54957.6 REGARDING LABOR NEGOTIATIONSWITH THE RANCHO CUCAMONGA CITY EMPLOYEES’ ASSOCIATION (RCCEA)AND TEAMSTERS LOCAL 1932. – (CITY)E2.CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4)OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.SOUTHERN CALIFORNIA EDISON, SBSC CASE NO.: CIVSB2201969. (CITY)E3.CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4)OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V.KULAR TRUCK LINE, INC., SBSC CASE NO.: CIVSB2201968. (CITY)E4.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229​162​23; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATINGPARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)E5.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)E6.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR REAL PROPERTY IDENTIFIED AS 8920 8TH STREET, RANCHO CUCAMONGA;CITY NEGOTIATOR: JOHN GILLISON, CITY MANAGER; NEGOTIATING PARTIES: JULIAN F.TORKAN, MADISON CAPITAL GROUP, INC.; UNDER NEGOTIATION: PRICE AND TERMS OFPAYMENT. – CITYE7.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY GENERALLY LOCATED AT THE RANCHO CUCAMONGA METROLINK STATION IDENTIFIED AS PARCEL NUMBERS 020927211, 020914321, AND 020927222 ANDCERTAIN ADJACENT RIGHT​­OF­​WAY INCLUDED WITHIN THE STATION FOOTPRINT; CITYNEGOTIATOR: JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHOCUCAMONGA; NEGOTIATING PARTIES: SARAH WATERSON, PRESIDENT, REPRESENTINGDESERTXPRESS ENTERPRISES, LLC, DBA AS BRIGHTLINE WEST; UNDER NEGOTIATION:PRICE AND TERMS OF PAYMENT. – (CITY)F. 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 / PRESENTATIONSB1.Presentation of a Proclamation Honoring CONFIRE Dispatchers and Declaring the Week of April 11­17, 2022 as National Dispatchers and Telecommunications Week.C. PUBLIC COMMUNICATIONSMembers of the City Council also sit as the Fire Board, Housing Successor Agency, SuccessorAgency, and Public Finance Authority. This is the time and place for the general public to addressthe Fire Protection District, Housing Successor Agency, Successor Agency, Public FinancingAuthority Board, and City Council on any item listed or not listed on the agenda. State law prohibits theFire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board,and City Council from addressing any issue not previously included on the Agenda. The Fire ProtectionDistrict, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Councilmay receive testimony and set the matter for a subsequent meeting.Comments are to be limited to five minutes per individual or less, as deemed necessary by theMayor, depending upon the number of individuals desiring to speak. All communications are to beaddressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to themembers of the audience. This is a professional business meeting and courtesy and decorum are expected.Please refrain from any debate between audience and speaker, making loud noises, or engaging in anyactivity which might be disruptive to the decorum of the meeting.The public communications period will not exceed one hour prior to the commencement of thebusiness portion of the agenda. During this one hour period, all those who wish to speak on a topiccontained in the business portion of the agenda will be given priority, and no further speaker cards for thesebusiness items (with the exception of public hearing items) will be accepted once the business portion of theagenda commences. Any other public communications which have not concluded during this one hour periodmay resume after the regular business portion of the agenda has been completed.CONSENT CALENDARS:The following Consent Calendar items are expected to be routine and noncontroversial. They will be actedupon without discussion unless an item is removed by Council Member for discussion.Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, andPublic Finance Authority and may act on the consent calendar for those bodies as part of a single motion withthe City Council consent calendar.D. CONSENT CALENDARD1.Consideration of Meeting Minutes for the Regular Meetings of: March 16, 2022.D2.Consideration to Approve City and Fire District Bi­Weekly Payroll in the Total Amount of$1,713,151.44 and City and Fire District Weekly Check Registers (Excluding Checks Issued toSouthern California Gas Company) in the Total Amount of $6,320,895.51 Dated March 28,2022 Through April 10, 2022. (CITY/FIRE)D3.Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued toSouthern California Gas Company in the Total Amount of $31,881.86 Dated March 28, 2022Through April 10, 2022. (CITY/FIRE)D4.Consideration to Receive and File Current Investment Schedules as of March 31, 2022 for theCity of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE)D5.Consideration to Continue the Existing Local Emergency Due to the Novel Coronavirus(COVID­19) Pandemic. (CITY)D6.Consideration to Schedule a Public Hearing for Placement of Liens for Delinquent Solid WasteAccounts. (CITY)D7.Consideration to Accept the Emergency Management Performance Grant Revenue in theAmount of $28,018, Awarded by the California Office of Emergency Services andAdministered by the San Bernardino County Fire Department, Office of Emergency Services,Fiscal Year 2021. (CITY/FIRE)D8.Consideration of a Professional Services Agreement with Mary McGrath Architects forConceptual Design Build Services for the Fire Station 171, Fire Station 173, and Fire Station174 Projects in the Amount of $502,650, and Authorization of an Appropriation of $502,650.(FIRE)D9.Consideration to Accept as Complete, File a Notice of Completion, and Authorize Release ofRetention for the RCFPD Fire Station No. 176 Site Improvements Project. (FIRE)D10.Consideration to Approve Tract Map 19996, Located at 9353 Fairview Place, on the SouthwestCorner of Milliken Avenue and 6th Street, Related to Case No. ENG2021­00021. (CITY)D11.Consideration of a Professional Services Agreement with Procure America for Cost ReductionConsulting Services for the City’s Gas, Water, and Electric Utilities Accounts. (CITY)D12.Consideration of a Contract with Onyx Paving Company, Inc., in an Amount of $371,000, Plus10% Contingency for the Center Avenue Pavement Rehabilitation Project. (CITY)D13.Consideration of (1) Resolution of Intent to Establish Street Lighting Services CommunityFacilities District No. 2022­01; (2) Resolution of Intent to Annex Future Territory to StreetLighting Services Community Facilities District No. 2022­01; (3) Resolution of Intent toEstablish Industrial Area Services Community Facilities District No. 2022­02; (4) Resolution ofIntent to Annex Future Territory to Industrial Area Services Community Facilities District No.2022­02. (RESOLUTION NOS. 2022­039, 2022­040, 2022­041 AND 2022­042) (CITY)D14.Consideration of Resolutions Authorizing Submittal of a Claim to the San Bernardino CountyTransportation Authority (SBCTA) for Transportation Development Act (TDA) Article 3 Funds forthe Cucamonga Creek Channel Maintenance Project and Haven Avenue SidewalkImprovement Project. (RESOLUTION NOS. 2022­037 AND 2022­038) (CITY)D15.Consideration to Adopt a Resolution Updating the Rancho Cucamonga Executive ManagementGroup Salary Schedule for Fiscal Year 2021­22, Including a Salary Adjustment to the Planningand Economic Development Director and Assistant City Manager Classifications, and updatingthe Rancho Cucamonga City Employees Association Salary Schedule for Fiscal Year 2021­22,Including a Change in Exempt Status for the Library Assistant I Classification. (RESOLUTIONNO. 2022­043) (CITY)E. CONSENT CALENDAR ORDINANCE(S) ­ SECOND READING/ADOPTIONF. ADMINISTRATIVE HEARING ITEM(S)G. ADVERTISED PUBLIC HEARINGS ITEM(S) ­ CITY/FIRE DISTRICTG1.Public Hearing for Consideration of an Appeal of the Planning Commission's Decision to ApproveDesign Review DRC2019­00766 ­ Ralph Karubian, Applicant. The Project is a Site Plan andArchitectural Review of a 159,580 Square­Foot Industrial/Warehouse Building on 7.39 Acres of Landin the Industrial Employment (IE) District on the Northwest Corner of Jersey Boulevard and MillikenAvenue; APN: 0229­111­60. An Environmental Impact Report (EIR) Was Prepared For This Project.(RESOLUTION NO. 2022­035 AND RESOLUTION NO. 2022­036) (CITY)G2.Public Hearing for the Approval of the Draft 2022­2023 Action Plan for the Community DevelopmentBlock Grant (CDBG) Program. (CITY) H. CITY MANAGER'S STAFF REPORT(S) I. COUNCIL BUSINESS I1.COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I2.INTER​AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) J. CITY ATTORNEY ITEMS K. IDENTIFICATION OF ITEMS FOR NEXT MEETING L. ADJOURNMENT CERTIFICATION I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least Seventy​Two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the City's website 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 Understanding the Political Reform Act’s Behested Payment Rule and New FPPC Reporting Requirements April 20, 2022 Nicholas R. Ghirelli, City Attorney General Rule Certain payments made at the behest of an elected official to charitable, legislative, or governmental causes must be reported within 30 days after the payments equal or exceed $5,000 in the aggregate from the same source in the same calendar year. A reporting requirement; not a recusal requirement Behested payments are not “gifts” to the official, and subject to different rules. But, conditioning official action on a contribution of any kind is a bribe. Don’t accept bribes. Ever. •Bad Example: “If you donate $500 to my favorite charity, I will agree to support your zone change application.” •Good Example: “The Fire District is developing a moving 9/11 Memorial and any contribution you make would help.” Who Does the Rule Apply to? Elected officials (City Council, Treasurer, City Clerk) Does not apply to: •City staff •Appointed officials (e.g., City commissioners) •The City as an entity, provided elected officials are not named, and do not sign, the donation request. “At the Behest of an Elected Official” Request, suggestion, or solicitation of the City official •Example: You call or send a letter to a resident requesting a donation to the Library Foundation Cooperation, consultation, coordination or concert with the City official •Example: You ask someone to call or send a letter to a resident requesting a donation to the Library Foundation Behested Payments: To Whom? Payments made for a legislative, governmental, or charitable cause “at the behest of” an elected official or committee. Gov. Code §82004.5 •“Legislative causes” would include lobbying efforts or drafting legislation •“Government causes” include City events, programs, and projects. •Typically a 501(c)(3) is considered a “charitable cause.” Example of Behested Payments A councilmember asks a business to make a contribution to the City or to a nonprofit organization and that business makes the contribution, the contribution is made at the “behest” of the councilmember and is thus a behested contribution. Examples of Behested Payments The Mayor sends a letter to businesses in the City. The letter is on city letterhead and asks the business to contribute to an event or program for the City. If any one of those entities comes forward with a contribution to the City that equals or exceeds $5,000, then the Mayor would need to fill out a behested contribution reporting form. The same would apply to any of the councilmembers who sign the letter or request that the Mayor send the letter. Reporting Requirement: Amount Elected officials must report a behested payment of $5,000 or more from a single source during a calendar year. Gov. Code §84224 (a). Does not apply if the councilmember is successful in getting a group of businesses or individuals to cumulatively contribute more than $5,000 to a charity in a calendar year, as long as no one business or person makes a $5,000 or greater contribution. What If I Don’t Know the Amount? File a report based on a good faith estimate. But, first make a reasonable effort to obtain the information from the recipient: •Send a written request to the recipient at least 30 days before the reporting deadline (see Form 803 for sample language). •Form 803 must state that the payment information is an estimate that reflects your best efforts to obtain accurate information. •File an amended report within 10 days of receiving the required information from the recipient. Reporting Requirements: Required Information Must report to the City Clerk on a Form 803 within 30 days of reaching the $5,000 threshold. Form 803 requires: •The contributor’s name and address; •The amount of the contribution; •The date or dates on which the payments were made; •The name and address of the contribution recipient; •If goods or services were contributed, a description of those goods and services; and •A description of the purpose or event for which the contribution was used. Form 803 New Reporting Requirements on Form 803: Nonprofit Organization Brief description of any relationship of the nonprofit organization payee to the elected officer or a member of their immediate family, or member of their campaign or office staff. The brief description must include the following information about those persons: (1) Any decision-making capacity within the organization, such as a board member or executive officer position. (2) Salaried employment at the organization. (3) Status as a founding member of the organization. (4) A position on an honorary or advisory board of the organization. New Reporting Requirements on Form 803: Business Before City Provide brief description of any proceeding before the City at the time of a reported payment or within the 12 months prior to the reported payment in which the payor is the named party or subject of the decision. •“Proceeding” includes decisions on a contract, license, permit, or other entitlement and matters specific to an entity or person. Does not include decisions on general legislation. •“Before the elected officer's agency” means it has been placed on a formal agenda, or if the official has knowledge that the matter has been submitted to the City for decision and the official may make, participate in making, or otherwise use official position to influence the City's decision on the matter. New Reporting Requirement on Form 803: Donor Advised Fund Special tax treatment for certain kinds of charitable entities. A donor advised fund is a separate fund maintained and operated by a section 501(c)(3) organization called a “sponsoring organization.” Fund accounts are composed of contributions made by individual donors. FPPC now requires disclosure of sponsoring organization, donor advised fund, and individual donor. Special rules for anonymous donations. Questions? Thank you! Nicholas R. Ghirellinghirelli@rwglaw.com March 16, 2022 CITY OF RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCE AUTHORITY AND CITY COUNCIL REGULAR MEETINGS MINUTES The City Council of the City of Rancho Cucamonga held a closed session on Wednesday, March 16, 2022, in the Tri- Communities Conference Room at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 5:00 p.m. Present were Council Members: Ryan Hutchison, Kristine Scott, Sam Spagnolo, Mayor Pro Tem Lynne Kennedy and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Nicholas Ghirelli, City Attorney; Lori Sassoon, Deputy City Manager/Administrative Services; Elisa Cox, Deputy City Manager/Cultural & Civic Services and Matt Burris, Deputy City Manager/Economic and Community Development. A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) No public communications were made. C. CITY MANAGER ANNOUNCEMENTS None. D. CONDUCT OF CLOSED SESSION D1. CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR PER GOVERNMENT CODE SECTION 54957.6 REGARDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA CITY EMPLOYEES’ ASSOCIATION (RCCEA), TEAMSTERS LOCAL 1932, EXECUTIVE MANAGEMENT GROUP – (CITY) D2. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9: 1 CASE – (CITY) D3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT THE TERMINUS OF SMOKESTONE STREET, EAST OF TORREY PINE COURT, RANCHO CUCAMONGA, CALIFORNIA 91739, IDENTIFIED AS COUNTY ASSESSOR’S PARCEL NUMBER 022804424, NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND CHAO PING YANG; REGARDING PRICE AND TERMS. – (CITY) D4. 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) Page 7 *DRAFT* March 16, 2022 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 2 of 7 D5. 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) D6. 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) D7. 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) D8. 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) D9. 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 Page 8 *DRAFT* March 16, 2022 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 3 of 7 IN COMMON, 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 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) D11. 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 0229 291 17 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) D12. 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) D13. 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) D14. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V. TOWER OF POWER CORPORATION, SBSC CASE NO.: PENDING. (CITY) Page 9 *DRAFT* March 16, 2022 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 4 of 7 D15. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) SOUTHWEST VOTER REGISTRATION EDUCATION PROJECT AND LOUISA OLLAGUE V. CITY OF RANCHO CUCAMONGA; SAN BERNARDINO SUPERIOR COURT CASE NO. CIVRS 1603632. (CITY) E. RECESS The closed session recessed at 6:55 p.m. REGULAR MEETING – 7:00 p.m. CALL TO ORDER – COUNCIL CHAMBERS The regular meetings of the Rancho Cucamonga Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and the City of Rancho Cucamonga City Council were held on March 16, 2022 in the Council Chambers at City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 7:00 p.m. Present were Council Members: Ryan Hutchison, Kristine Scott, Sam Spagnolo, Mayor Pro Tem Lynne Kennedy and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Nicholas Ghirelli, City Attorney and Linda Troyan, MMC, City Clerk Services Director. Mayor Pro Tem Kennedy led the Pledge of Allegiance. A. AMENDMENTS TO THE AGENDA Linda Troyan, City Clerk Services Director, announced for the record that Council received at the dais a revised Exhibit on item D8, with an added column for clarification. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of a Certificate of Sympathy in Memory of Sartaj Singh, Longtime Community Member. Mayor Michael and Members of the City Council presented a Certificate of Sympathy to the Singh family and announced that at the conclusion of the meeting the City Council will have a moment of silence and adjourn the meeting in memory of Sartaj Singh, longtime community member. B2. Recognition of Healthy RC Community Partners for Outstanding Service for the C.A.S.A. Cooking Program. Mayor Michael and Members of the City Council along with Joanna Marrufo, Community Programs Coordinator and the Alanis family recognized Healthy RC Community Partners Mike Chaix, Cucamonga School District Superintendent, Jenna Garretson-Tramayne, Principal of Cucamonga Elementary, Amber Arreguin, Principal of Los Amigos Elementary and Adriana Castellanos, Blessed Farms for the outstanding service to the C.A.S.A. Cooking Program. C. PUBLIC COMMUNICATIONS Janet Walton, read a St. Patrick’s Day story and offered a prayer. Frank Atry, spoke on public communications made in the past regarding parking signs and spoke on parking citations. Page 10 *DRAFT* March 16, 2022 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 5 of 7 D. CONSENT CALENDAR Council Member Scott announced that she will need to abstain on item D3, due to a potential conflict of interest as her employer is Southern California Gas Company. D1. Consideration of Meeting Minutes for the Regular Meetings of: January 19, 2022, February 2,2022, February 16,2022 and March 2, 2022. D2. Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of $1,713,220.57 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $2,666,741.48 Dated February 22, 2022, Through March 06, 2022, and City and Fire District Electronic Debit Registers for the Month of February in the Total Amount of $2,370,806.79. (CITY/FIRE) D3. Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $25,807.70 Dated February 22, 2022, Through March 6, 2022. (CITY/FIRE) D4. Consideration to Receive and File Current Investment Schedule as of February 28, 2022 for theCity of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE) D5. Consideration to Receive and File the Housing Element Annual Progress Report for 2021. (CITY) D6. Consideration to Adopt a Resolution Approving a Side Letter of Agreement Between the City of Rancho Cucamonga and the Executive Management Employee Group. (RESOLUTION NO. 2022-034) (CITY) D7. Consideration of an Agreement with NBS Government Finance Group for D-FAST 3 SoftwareLicense Agreement. (CITY) D8. Consideration to Award a Contract to Gentry Brothers, Inc. for the "CDBG Concrete Rehabilitation Project". (CITY) D9. Consideration to Accept Public Improvements Located at the Northeast Corner of Foothill Boulevard and Klusman Avenue per the Improvement Agreement Related to Case No. DRC2008-00356, as Complete, File the Notice of Completion, and Authorize Release of Bonds. (CITY) D10. Consideration of Amendment No. 1 to the Professional Services Agreement with CambridgeSeven Associates (Contract No. 2020-120) for Design Services Not to Exceed $162,000. (CITY) D11. Consideration of an Easement Agreement Between Cucamonga Valley Water District and TheCity of Rancho Cucamonga for the Purposes of Constructing a Retaining Wall Within City Right-of-Way at the Northwest Corner of 19th Street and Sapphire Street. (CITY) D12. Consideration of the 2021 Annual Review of the Development Agreement by and between SCRancho Development Corp., a California Corporation and Empire Lakes Holding Company, LLC, a Delaware Limited Liability Company and the City of Rancho Cucamonga, Case No. DRC2015-00118. (CITY) D13. Consideration of a Purchase and Sale Agreement with the Jones Family Trust, the Garness Family Trust, & the Clemons Revocable Trust for the Acquisition of a Temporary Construction Easement Page 11 *DRAFT* March 16, 2022 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 6 of 7 Located at 8821 Etiwanda Avenue (Assessor Parcel Number 0229-162-15) in Connection with the Etiwanda Grade Separation Project. (CITY) D14. Consideration of a Purchase and Sale Agreement with the Colombero Family Limited Partnership for the Acquisition of a Permanent Roadway Easement, a Non -Exclusive Maintenance and Construction Easement, and Temporary Construction Easements Located at8685 to 8733 Etiwanda Avenue and 12928 to 12974 Whittram Avenue (Assessor Parcel Numbers 0229-151-15 and 28, and 0229-161-01, 02, 03, 04, 05, 19, and 20) in Connection with the Etiwanda Grade Separation Project. (CITY) D15. Consideration to Receive and File Report on the Measures Taken to Alleviate the ConditionsWhich Led the City of Rancho Cucamonga to Enact Interim Urgency Ordinance No. 980 on April 21, 2021, Establishing a Moratorium on the Approval of Building Permits or Other Entitlements for New Service Station Uses or the Expansion of Existing Service Station Uses in the City of Rancho Cucamonga. (CITY) MOTION: Moved by Council Member Spagnolo, seconded by Council Member Hutchison, to approve Consent Calendar Items D1 through D15, with Council Member Scott abstaining on item D3, due to her employment with Southern California Gas Company. Motion carried unanimously, 5-0. E. CONSENT CALENDAR ORDINANCE(S) ­ SECOND READING/ADOPTION None. F. ADMINISTRATIVE HEARING ITEM(S) None. G. ADVERTISED PUBLIC HEARING ITEM(S) – CITY/FIRE DISTRICT G1. Public Hearing for the Approval of the Draft Substantial Amendment to the 19-20, 20-21, and 21-22 Annual Action Plans for the Community Development Block Grant (CDBG) Program. (CITY) City Manager Gillison introduced Flavio Nuñez, Management Analyst, who gave the staff report for item G1. Mayor Michael opened the Public Hearing. There were no public communications made. Mayor Michael closed the Public Hearing. MOTION: Moved by Council Member Scott, seconded by Council Member Hutchison, to: 1. Approve the Substantial Amendments to the 19-20, 20-21, and 21-22 Action Plans, and authorize the City Manager, or designee, to submit the plan and any necessary amendments to the plan to the United States Department of Housing and Urban Development (HUD). 2. Authorize the City Manager, or designee, to negotiate, execute, and amend contracts with subrecipients, developers, or professional service providers as necessary to implement CDBG funds under the approved projects identified in the Substantial Amendments to the Action Plan. 3. Authorize the City Manager, or designee, to execute, amend, and submit to the United States Department of Housing and Urban Development all plans and documents necessary to administer the Amended 2021-2022 CDBG projects. Motion carried 5-0. Mayor Michael recessed the City Council meeting at 7:33 p.m. since item H1 is scheduled to begin at 8:00 p.m. Page 12 *DRAFT* March 16, 2022 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 7 of 7 Mayor Michael reconvened the meeting at 8:00 p.m. H. CITY MANAGER'S STAFF REPORT(S) H1. Consideration of First Reading of Ordinance No. 997, to be Read by Title Only and Waive Further Reading, Adjusting the Boundaries of the Four City Council Districts and Adopting a New Official Council District Map Based on the Results of the 2020 Decennial Census. (ORDINANCE NO. 997) (CITY) City Manager Gillison introduced Patricia Bravo-Valdez, MMC, Deputy Director of City Clerk Services, who gave the Staff Report. Mayor Michael opened the Public Hearing. Clotelia Riddell, requested clarification and asked to receive further information on redistricting. City Manager Gillison referred Ms. Riddell to Lori Sassoon, Deputy City Manager/Administrative Services for further information. Mayor Michael closed the Public Hearing. MOTION: Moved by Council Member Hutchison, seconded by Council Member Scott, to introduce First Reading of Ordinance No. 997, by title only and waive further reading. Linda Troyan, City Clerk Services Director, read the title of Ordinance No. 997, by title only. VOTES NOW CAST ON MOTION: Moved by Council Member Hutchison, seconded by Council Member Scott, to introduce First Reading of Ordinance No. 997, by title only and waive further reading. Motion carried 5-0. I. COUNCIL BUSINESS I1. COUNCIL ANNOUNCEMENTS None. I2.INTER-AGENCY UPDATES None. J. CITY ATTORNEY ITEMS None. K. IDENTIFICATION OF ITEMS FOR NEXT MEETING None. L. ADJOURNMENT Mayor Michael adjourned the City Council Meeting at 8:07 p.m. in memory of Sartaj Singh, longtime community member. Respectfully submitted, __________________________________ Linda A. Troyan, MMC City Clerk Services Director Approved: **************** Page 13 DATE:April 20, 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 $1,713,151.44 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $6,320,895.51 Dated March 28, 2022 Through April 10, 2022. (CITY/FIRE) RECOMMENDATION: Staff recommends City Council/Board of Directors of the Fire Protection District approve payment of demands as presented. Bi-weekly payroll is $1,034,425.31 and $678,726.13 for the City and the Fire District, respectively. Weekly check register amounts are $5,227,679.71 and $1,093,215.80 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 14 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 3/28/2022 through 4/10/2022 Check No.Check Date Vendor Name City Fire Amount AP 00014048 03/30/2022 BEST BEST & KRIEGER LLP 4,143.65 0.00 4,143.65 AP 00014049 03/30/2022 FIFTH ASSET INC 8,775.00 0.00 8,775.00 AP 00014050 03/30/2022 OPENTEXT INC 741.59 0.00 741.59 AP 00014051 03/31/2022 AIRGAS USA LLC 1,386.28 0.00 1,386.28 AP 00014052 03/31/2022 BIBLIOTHECA LLC 11,934.31 0.00 11,934.31 AP 00014054 03/31/2022 BRODART CO 17,198.71 0.00 17,198.71 AP 00014055 03/31/2022 DUNN EDWARDS CORPORATION 915.21 0.00 915.21 AP 00014056 03/31/2022 HOLLIDAY ROCK CO INC 1,022.55 0.00 1,022.55 AP 00014057 03/31/2022 HOSE MAN INC 264.50 0.00 264.50 AP 00014058 03/31/2022 MCFADDEN-DALE HARDWARE 54.74 0.00 54.74 AP 00014059 03/31/2022 MWI ANIMAL HEALTH 368.22 0.00 368.22 AP 00014060 03/31/2022 OFFICE DEPOT 1,127.30 0.00 1,127.30 AP 00014061 03/31/2022 PSA PRINT GROUP 77.58 0.00 77.58 AP 00014062 03/31/2022 SITEONE LANDSCAPE SUPPLY LLC 493.06 0.00 493.06 AP 00014063 04/06/2022 ALL CITY MANAGEMENT SERVICES INC 27,710.31 0.00 27,710.31 AP 00014064 04/06/2022 CALIF GOVERNMENT VEBA / RANCHO CUCAMONGA 24,345.14 0.00 24,345.14 AP 00014065 04/06/2022 ELECNOR BELCO ELECTRIC INC 61,067.60 0.00 61,067.60 AP 00014066 04/06/2022 MOFFATT & NICHOL 283,749.61 0.00 283,749.61 AP 00014067 04/06/2022 PROMOTIONS TEES & MORE 2,532.29 0.00 2,532.29 AP 00014068 04/06/2022 RCCEA 1,453.25 0.00 1,453.25 AP 00014069 04/06/2022 RCPFA 12,828.06 0.00 12,828.06 AP 00014070 04/06/2022 RICHARDS WATSON & GERSHON 66,255.44 0.00 66,255.44 AP 00014071 04/06/2022 SAN BERNARDINO CTY SHERIFFS DEPT 3,357,088.07 0.00 3,357,088.07 AP 00014072 04/07/2022 RE ASTORIA 2 LLC 62,373.02 0.00 62,373.02 AP 00014073 04/07/2022 ABC LOCKSMITHS INC 383.25 0.00 383.25 AP 00014074 04/07/2022 BSN SPORTS LLC 372.94 0.00 372.94 AP 00014075 04/07/2022 CARQUEST AUTO PARTS 256.30 0.00 256.30 AP 00014076 04/07/2022 CRAFCO INC 1,017.54 0.00 1,017.54 AP 00014077 04/07/2022 DUNN EDWARDS CORPORATION 40.06 0.00 40.06 AP 00014078 04/07/2022 HERC RENTALS INC 5,085.82 0.00 5,085.82 AP 00014079 04/07/2022 HOLLIDAY ROCK CO INC 1,060.27 0.00 1,060.27 AP 00014080 04/07/2022 HOSE MAN INC 199.97 0.00 199.97 AP 00014081 04/07/2022 KME FIRE APPARATUS 0.00 2,243.64 2,243.64 ***AP 00014082 04/07/2022 MINUTEMAN PRESS 7,083.39 511.27 7,594.66 ***AP 00014084 04/07/2022 OFFICE DEPOT 5,032.17 375.05 5,407.22 AP 00014085 04/07/2022 SITEONE LANDSCAPE SUPPLY LLC 6,376.84 0.00 6,376.84 AP 00014086 04/07/2022 SOUTHERN CALIFORNIA NEWS GROUP 384.00 0.00 384.00 AP 00014087 04/07/2022 STOTZ EQUIPMENT 492.67 0.00 492.67 AP 00423651 03/30/2022 ACEY DECY EQUIPMENT CO INC 112.10 0.00 112.10 AP 00423652 03/30/2022 ADVANTAGE SEALING SYSTEMS INC 827.35 0.00 827.35 AP 00423653 03/30/2022 ALFARO COMMUNICATIONS CONSTRUCTION INC 4,991.12 0.00 4,991.12 AP 00423654 03/30/2022 AMERON POLE PRODUCTS LLC 76,147.84 0.00 76,147.84 AP 00423655 03/30/2022 AMS PLANNING & RESEARCH CORP 7,400.00 0.00 7,400.00 AP 00423656 03/30/2022 AQUABIO ENVIRONMENTAL TECHNOLOGIES INC 1,450.00 0.00 1,450.00 AP 00423657 03/30/2022 ARCHIBALD PET HOSPITAL 450.00 0.00 450.00 AP 00423658 03/30/2022 AWE ACQUISITION INC 20,942.54 0.00 20,942.54 AP 00423659 03/30/2022 BAKER & TAYLOR LLC 31.23 0.00 31.23 07:25:52 04/11/2022Current Date:VLOPEZ - Veronica Lopez Page:1 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 15 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 3/28/2022 through 4/10/2022 Check No.Check Date Vendor Name City Fire Amount AP 00423660 03/30/2022 BAY ALARM COMPANY 108.00 0.00 108.00 AP 00423661 03/30/2022 BEST OUTDOOR POWER INLAND LLC 301.89 0.00 301.89 AP 00423662 03/30/2022 BRYAN CAVE LEIGHTON PAISNER LLP 205.00 0.00 205.00 ***AP 00423665 03/30/2022 C V W D 28,281.16 990.17 29,271.33 AP 00423666 03/30/2022 CALIFORNIA HYDROSTATICS INC 2,981.40 0.00 2,981.40 AP 00423667 03/30/2022 CALIFORNIA LIBRARY ASSOCIATION 395.00 0.00 395.00 AP 00423668 03/30/2022 CALIX INC 9,390.15 0.00 9,390.15 AP 00423669 03/30/2022 CHINO MOWER & EQUIPMENT 2,454.19 0.00 2,454.19 AP 00423670 03/30/2022 CINTAS CORPORATION #150 1,711.70 0.00 1,711.70 AP 00423671 03/30/2022 CLARK DVM CORPORATION, TESS M 1,320.00 0.00 1,320.00 AP 00423672 03/30/2022 COMMUNITY WORKS DESIGN GROUP 101.00 0.00 101.00 AP 00423673 03/30/2022 COST RECOVERY SYSTEMS INC 10,000.00 0.00 10,000.00 AP 00423674 03/30/2022 COTA, TIM 1,031.15 0.00 1,031.15 AP 00423675 03/30/2022 COVETRUS NORTH AMERICA 156.02 0.00 156.02 AP 00423676 03/30/2022 CPS HR CONSULTING 3,175.00 0.00 3,175.00 AP 00423677 03/30/2022 D & K CONCRETE COMPANY 709.00 0.00 709.00 AP 00423678 03/30/2022 DAISYECO INC 415.85 0.00 415.85 AP 00423679 03/30/2022 DEPENDABLE COMPANY INC 62.50 0.00 62.50 AP 00423680 03/30/2022 DOG WASTE DEPOT 729.80 0.00 729.80 AP 00423681 03/30/2022 ECORP CONSULTING INC 1,383.75 0.00 1,383.75 AP 00423682 03/30/2022 EMPIRE ECONOMICS INC 18,500.00 0.00 18,500.00 AP 00423683 03/30/2022 EVERDE GROWERS 805.62 0.00 805.62 AP 00423684 03/30/2022 EXPRESS BRAKE SUPPLY INC 474.35 0.00 474.35 AP 00423685 03/30/2022 FEDERAL EXPRESS CORP 25.74 0.00 25.74 AP 00423686 03/30/2022 FRONTIER COMM 4,012.33 0.00 4,012.33 AP 00423687 03/30/2022 FSG ELECTRIC 485.47 0.00 485.47 AP 00423688 03/30/2022 FUEL SERV 1,712.32 0.00 1,712.32 AP 00423689 03/30/2022 GATEWAY PET CEMETERY & CREMATORY 1,095.00 0.00 1,095.00 AP 00423690 03/30/2022 GIMMAL LLC 1,001.54 0.00 1,001.54 ***AP 00423691 03/30/2022 GOLDEN STATE RISK MANAGEMENT AUTHORITY 98,707.00 1,272.00 99,979.00 AP 00423692 03/30/2022 GRAINGER 192.87 0.00 192.87 ***AP 00423693 03/30/2022 GRAYBAR ELECTRIC COMPANY INC 738.62 46.84 785.46 AP 00423694 03/30/2022 HCI ENVIRONMENTAL & ENGINEERING SVC 8,801.93 0.00 8,801.93 AP 00423695 03/30/2022 HELLO CRITTER 50.00 0.00 50.00 AP 00423696 03/30/2022 HI-WAY SAFETY INC 933.08 0.00 933.08 AP 00423697 03/30/2022 HR GREEN PACIFIC INC 1,568.00 0.00 1,568.00 AP 00423698 03/30/2022 HYDRO TEK SYSTEMS INC 216.95 0.00 216.95 AP 00423699 03/30/2022 IMPETT VETERINARY INC 1,410.00 0.00 1,410.00 AP 00423700 03/30/2022 INLAND TOPSOIL MIXES 646.50 0.00 646.50 AP 00423701 03/30/2022 INTERSTATE ALL BATTERY CENTER 1,284.93 0.00 1,284.93 AP 00423702 03/30/2022 INTERWEST CONSULTING GROUP INC 0.00 1,588.32 1,588.32 AP 00423703 03/30/2022 ITERIS INC 42,470.20 0.00 42,470.20 AP 00423704 03/30/2022 J MRION ROYNON ELEMENTARY PTA 1,050.00 0.00 1,050.00 AP 00423705 03/30/2022 J'S JUICE MASTERS INC 2,613.56 0.00 2,613.56 AP 00423706 03/30/2022 JL GROUP LLC 6,726.61 0.00 6,726.61 AP 00423707 03/30/2022 KOSMONT COMPANIES 4,306.25 0.00 4,306.25 AP 00423708 03/30/2022 LANDSCAPE WEST MANAGEMENT SERVICES INC 153,944.01 0.00 153,944.01 07:25:52 04/11/2022Current Date:VLOPEZ - Veronica Lopez Page:2 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 16 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 3/28/2022 through 4/10/2022 Check No.Check Date Vendor Name City Fire Amount AP 00423709 03/30/2022 LEAGUE OF CALIFORNIA CITIES 210.00 0.00 210.00 AP 00423710 03/30/2022 LEVERAGE INFORMATION SYSTEMS INC 1,049.75 0.00 1,049.75 ***AP 00423711 03/30/2022 LIEBERT CASSIDY WHITMORE 1,938.00 325.00 2,263.00 AP 00423712 03/30/2022 LITTLE BEAR PRODUCTIONS 795.00 0.00 795.00 ***AP 00423714 03/30/2022 LOWES COMPANIES INC 6,275.40 2,697.37 8,972.77 AP 00423715 03/30/2022 LU'S LIGHTHOUSE INC 3,472.84 0.00 3,472.84 AP 00423716 03/30/2022 MARC JONES CONSTRUCTION LLC 91.62 0.00 91.62 AP 00423717 03/30/2022 MARIPOSA LANDSCAPES INC 25,683.99 0.00 25,683.99 AP 00423718 03/30/2022 MARRUFO, JOANNA 514.32 0.00 514.32 AP 00423719 03/30/2022 MCMASTER-CARR SUPPLY COMPANY 245.76 0.00 245.76 AP 00423720 03/30/2022 MCPHEE, SHERRY 17.99 0.00 17.99 AP 00423721 03/30/2022 MEDLINE INDUSTRIES INC 1,709.35 0.00 1,709.35 AP 00423722 03/30/2022 MISSION REPROGRAPHICS 185.87 0.00 185.87 AP 00423723 03/30/2022 MONTGOMERY HARDWARE CO 759.00 0.00 759.00 AP 00423724 03/30/2022 MYERS TIRE SUPPLY COMPANY 59.76 0.00 59.76 ***AP 00423725 03/30/2022 NAPA AUTO PARTS 62.04 536.06 598.10 AP 00423726 03/30/2022 NATIONAL UTILITY LOCATORS LLC 600.00 0.00 600.00 AP 00423727 03/30/2022 NBS 10,000.00 0.00 10,000.00 AP 00423728 03/30/2022 NUTRIEN AG SOLUTIONS 3,053.99 0.00 3,053.99 AP 00423729 03/30/2022 OCCUPATIONAL HEALTH CENTERS OF CA 148.00 0.00 148.00 AP 00423730 03/30/2022 ONYX ARCHITECTS INC 20,831.26 0.00 20,831.26 AP 00423731 03/30/2022 OPEN APPS INC 2,550.00 0.00 2,550.00 AP 00423732 03/30/2022 PARMER, MICHAEL 255.83 0.00 255.83 AP 00423733 03/30/2022 PROHEALTH PARTNERS A MEDICAL GROUP INC 0.00 150.00 150.00 AP 00423734 03/30/2022 QUADIENT INC 713.03 0.00 713.03 AP 00423735 03/30/2022 QUINN COMPANY 0.00 198.12 198.12 AP 00423736 03/30/2022 RANCHO SMOG CENTER 179.80 0.00 179.80 AP 00423737 03/30/2022 RWB PARTY PROPS INC 1,996.61 0.00 1,996.61 AP 00423738 03/30/2022 SAN BERNARDINO CTY TAX COLLECTOR 300.00 0.00 300.00 AP 00423739 03/30/2022 SIEMENS MOBILITY INC 16,138.99 0.00 16,138.99 AP 00423740 03/30/2022 SILVER & WRIGHT LLP 658.00 0.00 658.00 ***AP 00423742 03/30/2022 SOCAL OFFICE TECHNOLOGIES 704.98 11.26 716.24 AP 00423743 03/30/2022 SOUTH COAST AQMD 0.00 582.74 582.74 ***AP 00423750 03/30/2022 SOUTHERN CALIFORNIA EDISON 19,609.56 1,195.66 20,805.22 AP 00423751 03/30/2022 SUN, LUJIA 24.68 0.00 24.68 AP 00423752 03/30/2022 SYSTEMS SOURCE INC 515.52 0.00 515.52 AP 00423753 03/30/2022 TEAGUE, MONIQUE 39.12 0.00 39.12 AP 00423754 03/30/2022 TIREHUB LLC 802.11 0.00 802.11 AP 00423755 03/30/2022 TOMCO CNG INC 2,742.54 0.00 2,742.54 AP 00423756 03/30/2022 TORO TOWING 450.00 0.00 450.00 AP 00423757 03/30/2022 U.S. BANK PARS ACCT #6746022500 12,749.65 0.00 12,749.65 AP 00423758 03/30/2022 U.S. BANK PARS ACCT #6746022500 1,008.42 0.00 1,008.42 AP 00423759 03/30/2022 U.S. BANK PARS ACCT #6745033700 6,605.00 0.00 6,605.00 AP 00423760 03/30/2022 ULINE 4,354.38 0.00 4,354.38 AP 00423761 03/30/2022 UNITED WAY 45.00 0.00 45.00 AP 00423762 03/30/2022 UPS 95.32 0.00 95.32 AP 00423763 03/30/2022 UPS SUPPLY CHAIN SOLUTIONS INC 708.90 0.00 708.90 07:25:52 04/11/2022Current Date:VLOPEZ - Veronica Lopez Page:3 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 17 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 3/28/2022 through 4/10/2022 Check No.Check Date Vendor Name City Fire Amount AP 00423764 03/30/2022 VALLEY POWER SYSTEMS INC 0.00 790.01 790.01 AP 00423765 03/30/2022 VCA CENTRAL ANIMAL HOSPITAL 123.49 0.00 123.49 AP 00423766 03/30/2022 VELOCITY TRUCK CENTERS 0.00 824,667.58 824,667.58 AP 00423767 03/30/2022 VICTOR MEDICAL COMPANY 1,515.65 0.00 1,515.65 AP 00423768 03/30/2022 VIRTUAL PROJECT MANAGER LLC 500.00 0.00 500.00 AP 00423769 03/30/2022 VULCAN MATERIALS COMPANY 3,945.03 0.00 3,945.03 ***AP 00423770 03/30/2022 WALTERS WHOLESALE ELECTRIC CO 1,146.46 1,152.82 2,299.28 AP 00423771 03/30/2022 WAXIE SANITARY SUPPLY 149.60 0.00 149.60 AP 00423772 03/30/2022 WEST COAST ARBORISTS INC 29,186.20 0.00 29,186.20 AP 00423773 03/30/2022 WEST END MATERIAL SUPPLY 160.80 0.00 160.80 AP 00423774 03/30/2022 WESTLAND GROUP INC 6,286.25 0.00 6,286.25 AP 00423775 03/30/2022 WILSON & BELL AUTO SERVICE 448.61 0.00 448.61 AP 00423776 03/30/2022 YUNEX LLC 11,063.00 0.00 11,063.00 AP 00423777 03/30/2022 ZOETIS US LLC 290.48 0.00 290.48 AP 00423778 04/05/2022 DELI, THE 20,000.00 0.00 20,000.00 AP 00423779 04/05/2022 EJMG ZENDEJAS INC 20,000.00 0.00 20,000.00 AP 00423780 04/06/2022 ADVANCED CHEMICAL TRANSPORT INC 2,026.50 0.00 2,026.50 AP 00423781 04/06/2022 AFLAC GROUP INSURANCE 24.58 0.00 24.58 AP 00423782 04/06/2022 ALL WELDING 400.00 0.00 400.00 AP 00423783 04/06/2022 ALLSTAR FIRE EQUIPMENT INC 0.00 2,698.50 2,698.50 AP 00423784 04/06/2022 ALTUM GROUP, THE 5,187.50 0.00 5,187.50 AP 00423785 04/06/2022 AUERBACH POLLOCK FRIEDLANDER 1,000.00 0.00 1,000.00 AP 00423786 04/06/2022 AUFBAU CORPORATION 5,920.00 0.00 5,920.00 AP 00423787 04/06/2022 BRAVO-VALDEZ, PATRICIA 61.22 0.00 61.22 AP 00423788 04/06/2022 BRIGHTVIEW LANDSCAPE SERVICES INC 31,043.19 0.00 31,043.19 AP 00423789 04/06/2022 C V W D 178.49 0.00 178.49 ***AP 00423790 04/06/2022 C V W D 45.68 106.59 152.27 ***AP 00423799 04/06/2022 C V W D 104,239.09 358.67 104,597.76 AP 00423800 04/06/2022 CALIFORNIA, STATE OF 305.00 0.00 305.00 AP 00423801 04/06/2022 CALIFORNIA, STATE OF 50.00 0.00 50.00 AP 00423802 04/06/2022 CALIFORNIA, STATE OF 32.26 0.00 32.26 AP 00423803 04/06/2022 CALIFORNIA, STATE OF 342.73 0.00 342.73 AP 00423804 04/06/2022 CalPERS LONG-TERM CARE PROGRAM 177.08 0.00 177.08 AP 00423805 04/06/2022 CalPERS LONG-TERM CARE PROGRAM 177.08 0.00 177.08 AP 00423806 04/06/2022 CAMERON-DANIEL PC 793.00 0.00 793.00 AP 00423807 04/06/2022 CARRASCO CONCRETE 500.00 0.00 500.00 AP 00423808 04/06/2022 CERTIFIED TOWING INC 150.00 0.00 150.00 ***AP 00423809 04/06/2022 CHARTER COMMUNICATIONS 4,538.74 6,466.37 11,005.11 AP 00423810 04/06/2022 CHINO MOWER & EQUIPMENT 2,689.43 0.00 2,689.43 ***AP 00423811 04/06/2022 CINTAS CORPORATION #150 1,890.94 425.76 2,316.70 AP 00423812 04/06/2022 CONSERVE LANDCARE LLC 14,533.24 0.00 14,533.24 ***AP 00423813 04/06/2022 CUCAMONGA VALLEY WATER DISTRICT 8,656.40 245.00 8,901.40 AP 00423814 04/06/2022 D & K CONCRETE COMPANY 1,071.04 0.00 1,071.04 AP 00423815 04/06/2022 DANIELS TIRE SERVICE 0.00 3,509.55 3,509.55 AP 00423816 04/06/2022 DATA ARC LLC 4,320.70 0.00 4,320.70 AP 00423817 04/06/2022 DATA TICKET INC 7,708.72 0.00 7,708.72 AP 00423818 04/06/2022 DELTA DENTAL OF CALIFORNIA 1,034.36 0.00 1,034.36 07:25:52 04/11/2022Current Date:VLOPEZ - Veronica Lopez Page:4 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 18 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 3/28/2022 through 4/10/2022 Check No.Check Date Vendor Name City Fire Amount AP 00423819 04/06/2022 DELTA DENTAL OF CALIFORNIA 40,563.35 0.00 40,563.35 AP 00423820 04/06/2022 ECHEVERRY, DIANA 41.48 0.00 41.48 AP 00423821 04/06/2022 EXPERIAN 52.00 0.00 52.00 AP 00423822 04/06/2022 FASTENAL COMPANY 103.04 0.00 103.04 AP 00423823 04/06/2022 FIRE APPARATUS SOLUTIONS 0.00 607.63 607.63 ***AP 00423824 04/06/2022 FRANKLIN TRUCK PARTS INC 730.59 296.50 1,027.09 ***AP 00423825 04/06/2022 FRONTIER COMM 1,764.38 523.13 2,287.51 AP 00423826 04/06/2022 GENUINE GENERAL CONTRACTOR 21,420.00 0.00 21,420.00 AP 00423827 04/06/2022 GILLISON, JOHN 29.00 0.00 29.00 AP 00423828 04/06/2022 GLOBALSTAR USA 154.89 0.00 154.89 AP 00423829 04/06/2022 GOSS, ROBERT 0.00 320.00 320.00 AP 00423830 04/06/2022 GRAINGER 88.64 0.00 88.64 AP 00423831 04/06/2022 GRAYBAR ELECTRIC COMPANY INC 0.00 1,036.36 1,036.36 AP 00423832 04/06/2022 HAAKER EQUIPMENT COMPANY 414.90 0.00 414.90 AP 00423833 04/06/2022 HARRIS, TY 0.00 263.62 263.62 AP 00423834 04/06/2022 HERITAGE WELLNESS COLLECTIVE 1,019.00 0.00 1,019.00 AP 00423835 04/06/2022 HILL'S PET NUTRITION SALES INC 586.57 0.00 586.57 AP 00423836 04/06/2022 HONDA YAMAHA HUSQVARNA OF REDLANDS 1,063.70 0.00 1,063.70 AP 00423837 04/06/2022 HR GREEN PACIFIC INC 4,867.50 0.00 4,867.50 AP 00423838 04/06/2022 INTERWEST CONSULTING GROUP INC 0.00 1,726.27 1,726.27 AP 00423839 04/06/2022 KENNEDY EQUIPMENT CO INC 920.66 0.00 920.66 AP 00423840 04/06/2022 LEAL, MICHAEL 0.00 332.00 332.00 AP 00423841 04/06/2022 LEE, RI JA 128.69 0.00 128.69 AP 00423842 04/06/2022 LIFE-ASSIST INC 0.00 7,152.88 7,152.88 AP 00423843 04/06/2022 LU'S LIGHTHOUSE INC 262.22 0.00 262.22 AP 00423844 04/06/2022 MAIN STREET SIGNS 1,421.87 0.00 1,421.87 AP 00423845 04/06/2022 MARIPOSA LANDSCAPES INC 1,416.13 0.00 1,416.13 AP 00423846 04/06/2022 MCMASTER-CARR SUPPLY COMPANY 0.00 106.39 106.39 AP 00423847 04/06/2022 MCMURRAY STERN INC 0.00 1,200.00 1,200.00 AP 00423848 04/06/2022 MENDOZA, KATHLEEN 6.26 0.00 6.26 AP 00423850 04/06/2022 MIDWEST TAPE 6,335.68 0.00 6,335.68 AP 00423851 04/06/2022 MOLINA, GINA 0.00 28.18 28.18 AP 00423852 04/06/2022 MONTARROYOS, MATT 48.70 0.00 48.70 ***AP 00423853 04/06/2022 NAPA AUTO PARTS 119.28 1,260.66 1,379.94 AP 00423854 04/06/2022 NATIONAL CNG & FLEET SERVICE 1,182.89 0.00 1,182.89 AP 00423855 04/06/2022 NATIONAL UTILITY LOCATORS LLC 240.00 0.00 240.00 AP 00423856 04/06/2022 NINYO & MOORE 21,220.75 0.00 21,220.75 AP 00423857 04/06/2022 NUTRIEN AG SOLUTIONS 1,502.79 0.00 1,502.79 AP 00423858 04/06/2022 ONTRAC 55.61 0.00 55.61 AP 00423859 04/06/2022 ORIEL, JASMIN 133.15 0.00 133.15 AP 00423860 04/06/2022 OROZCO, JOSE 300.00 0.00 300.00 ***AP 00423861 04/06/2022 OWEN GROUP LIMITED PARTNERSHIP 77,589.00 25,863.00 103,452.00 AP 00423862 04/06/2022 OWENS, LORRAINE 53.74 0.00 53.74 ***AP 00423863 04/06/2022 PFM ASSET MANAGEMENT LLC 25,231.06 2,847.08 28,078.14 AP 00423864 04/06/2022 PINNACLE PETROLEUM INC 0.00 16,820.30 16,820.30 AP 00423865 04/06/2022 PIP PRINTING 983.76 0.00 983.76 AP 00423866 04/06/2022 PRE-PAID LEGAL SERVICES INC 53.36 0.00 53.36 07:25:52 04/11/2022Current Date:VLOPEZ - Veronica Lopez Page:5 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 19 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 3/28/2022 through 4/10/2022 Check No.Check Date Vendor Name City Fire Amount AP 00423867 04/06/2022 RBM LOCK & KEY SERVICE 184.79 0.00 184.79 AP 00423868 04/06/2022 RELIABLE ROOFING COMPANY 492.31 0.00 492.31 AP 00423869 04/06/2022 RESCUE RESPONSE GEAR LLC 0.00 271.67 271.67 AP 00423870 04/06/2022 RODRIGUEZ, DANIELA 87.08 0.00 87.08 AP 00423871 04/06/2022 ROJAS, OMAR 36.48 0.00 36.48 AP 00423872 04/06/2022 SAENZ, MAY 69.39 0.00 69.39 AP 00423873 04/06/2022 SAFARILAND LLC 0.00 101,596.68 101,596.68 AP 00423874 04/06/2022 SAFE-ENTRY TECHNICAL INC 0.00 855.00 855.00 AP 00423875 04/06/2022 SAN BERNARDINO COUNTY 0.00 12,398.64 12,398.64 AP 00423876 04/06/2022 SAVAGE, DONTE 100.00 0.00 100.00 AP 00423877 04/06/2022 SBPEA 2,351.00 0.00 2,351.00 AP 00423878 04/06/2022 SHEAKLEY PENSION ADMINISTRATION 0.00 198.40 198.40 AP 00423879 04/06/2022 SHEAKLEY PENSION ADMINISTRATION 467.95 0.00 467.95 AP 00423880 04/06/2022 SHERIFF'S COURT SERVICES 459.00 0.00 459.00 AP 00423881 04/06/2022 SHOETERIA INC 355.00 0.00 355.00 AP 00423882 04/06/2022 SHRED PROS 0.00 63.00 63.00 AP 00423883 04/06/2022 SIGN SHOP, THE 0.00 853.38 853.38 ***AP 00423888 04/06/2022 SOUTHERN CALIFORNIA EDISON 26,331.10 110.26 26,441.36 AP 00423889 04/06/2022 SOUTHERN CALIFORNIA EDISON 54.67 0.00 54.67 AP 00423890 04/06/2022 STANDARD INSURANCE COMPANY 3,308.77 0.00 3,308.77 AP 00423891 04/06/2022 TELEFLEX LLC 0.00 2,370.50 2,370.50 AP 00423892 04/06/2022 THOMPSON BUILDING MATERIALS 142.45 0.00 142.45 ***AP 00423893 04/06/2022 TIREHUB LLC 1,336.06 242.68 1,578.74 AP 00423894 04/06/2022 UNITED WAY 45.00 0.00 45.00 AP 00423895 04/06/2022 UNIVERSAL FLEET SUPPLY 0.00 75.40 75.40 AP 00423896 04/06/2022 UPLAND AUTO TRIM 742.50 0.00 742.50 AP 00423897 04/06/2022 UPS 76.66 0.00 76.66 AP 00423898 04/06/2022 VAN DAELE HOMES CORPORATION 18.68 0.00 18.68 AP 00423899 04/06/2022 VELARDE, HOPE 212.00 0.00 212.00 AP 00423900 04/06/2022 VELOCITY TRUCK CENTERS 0.00 1,161.00 1,161.00 AP 00423901 04/06/2022 VERIZON WIRELESS - LA 0.00 5,587.42 5,587.42 AP 00423902 04/06/2022 VULCAN MATERIALS COMPANY 77.31 0.00 77.31 AP 00423903 04/06/2022 WALTERS WHOLESALE ELECTRIC CO 908.06 0.00 908.06 ***AP 00423904 04/06/2022 WAXIE SANITARY SUPPLY 1,008.23 374.30 1,382.53 AP 00423905 04/06/2022 WESTERN EXTRICATION SPECIALISTS INC 0.00 46,740.87 46,740.87 AP 00423906 04/06/2022 WILBUR-ELLIS COMPANY 14,671.24 0.00 14,671.24 AP 00423907 04/06/2022 WILSON & BELL AUTO SERVICE 753.10 0.00 753.10 AP 00423908 04/06/2022 XEROX FINANCIAL SERVICES 298.38 0.00 298.38 AP 00423909 04/06/2022 YANEZ, BRITTANY 92.48 0.00 92.48 AP 00423910 04/07/2022 BOOT BARN INC 1,587.01 0.00 1,587.01 AP 00423911 04/07/2022 FINE LINE PRODUCTS 0.00 6,788.25 6,788.25 AP 00423912 04/07/2022 RED WING BUSINESS ADVANTAGE ACCOUNT 1,242.65 0.00 1,242.65 AP 00423913 04/07/2022 SHOETERIA INC 6,473.47 0.00 6,473.47 07:25:52 04/11/2022Current Date:VLOPEZ - Veronica Lopez Page:6 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 20 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 3/28/2022 through 4/10/2022 Check No.Check Date Vendor Name City Fire Amount $5,227,679.71 $6,320,895.51 $1,093,215.80 Note: Grand Total: Total Fire: Total City: *** Check Number includes both City and Fire District expenditures 07:25:52 04/11/2022Current Date:VLOPEZ - Veronica Lopez Page:7 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 21 DATE:April 20, 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 $31,881.86 Dated March 28, 2022 Through April 10, 2022. (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 $27,993.97 and $3,887.89 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 22 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 3/28/2022 through 4/10/2022 Check No.Check Date Vendor Name City Fire Amount AP 00014048 03/30/2022 BEST BEST & KRIEGER LLP 4,143.65 0.00 4,143.65 AP 00014049 03/30/2022 FIFTH ASSET INC 8,775.00 0.00 8,775.00 AP 00014050 03/30/2022 OPENTEXT INC 741.59 0.00 741.59 AP 00014051 03/31/2022 AIRGAS USA LLC 1,386.28 0.00 1,386.28 AP 00014052 03/31/2022 BIBLIOTHECA LLC 11,934.31 0.00 11,934.31 AP 00014054 03/31/2022 BRODART CO 17,198.71 0.00 17,198.71 AP 00014055 03/31/2022 DUNN EDWARDS CORPORATION 915.21 0.00 915.21 AP 00014056 03/31/2022 HOLLIDAY ROCK CO INC 1,022.55 0.00 1,022.55 AP 00014057 03/31/2022 HOSE MAN INC 264.50 0.00 264.50 AP 00014058 03/31/2022 MCFADDEN-DALE HARDWARE 54.74 0.00 54.74 AP 00014059 03/31/2022 MWI ANIMAL HEALTH 368.22 0.00 368.22 AP 00014060 03/31/2022 OFFICE DEPOT 1,127.30 0.00 1,127.30 AP 00014061 03/31/2022 PSA PRINT GROUP 77.58 0.00 77.58 AP 00014062 03/31/2022 SITEONE LANDSCAPE SUPPLY LLC 493.06 0.00 493.06 AP 00014063 04/06/2022 ALL CITY MANAGEMENT SERVICES INC 27,710.31 0.00 27,710.31 AP 00014064 04/06/2022 CALIF GOVERNMENT VEBA / RANCHO CUCAMONGA 24,345.14 0.00 24,345.14 AP 00014065 04/06/2022 ELECNOR BELCO ELECTRIC INC 61,067.60 0.00 61,067.60 AP 00014066 04/06/2022 MOFFATT & NICHOL 283,749.61 0.00 283,749.61 AP 00014067 04/06/2022 PROMOTIONS TEES & MORE 2,532.29 0.00 2,532.29 AP 00014068 04/06/2022 RCCEA 1,453.25 0.00 1,453.25 AP 00014069 04/06/2022 RCPFA 12,828.06 0.00 12,828.06 AP 00014070 04/06/2022 RICHARDS WATSON & GERSHON 66,255.44 0.00 66,255.44 AP 00014071 04/06/2022 SAN BERNARDINO CTY SHERIFFS DEPT 3,357,088.07 0.00 3,357,088.07 AP 00014072 04/07/2022 RE ASTORIA 2 LLC 62,373.02 0.00 62,373.02 AP 00014073 04/07/2022 ABC LOCKSMITHS INC 383.25 0.00 383.25 AP 00014074 04/07/2022 BSN SPORTS LLC 372.94 0.00 372.94 AP 00014075 04/07/2022 CARQUEST AUTO PARTS 256.30 0.00 256.30 AP 00014076 04/07/2022 CRAFCO INC 1,017.54 0.00 1,017.54 AP 00014077 04/07/2022 DUNN EDWARDS CORPORATION 40.06 0.00 40.06 AP 00014078 04/07/2022 HERC RENTALS INC 5,085.82 0.00 5,085.82 AP 00014079 04/07/2022 HOLLIDAY ROCK CO INC 1,060.27 0.00 1,060.27 AP 00014080 04/07/2022 HOSE MAN INC 199.97 0.00 199.97 AP 00014081 04/07/2022 KME FIRE APPARATUS 0.00 2,243.64 2,243.64 ***AP 00014082 04/07/2022 MINUTEMAN PRESS 7,083.39 511.27 7,594.66 ***AP 00014084 04/07/2022 OFFICE DEPOT 5,032.17 375.05 5,407.22 AP 00014085 04/07/2022 SITEONE LANDSCAPE SUPPLY LLC 6,376.84 0.00 6,376.84 AP 00014086 04/07/2022 SOUTHERN CALIFORNIA NEWS GROUP 384.00 0.00 384.00 AP 00014087 04/07/2022 STOTZ EQUIPMENT 492.67 0.00 492.67 AP 00423651 03/30/2022 ACEY DECY EQUIPMENT CO INC 112.10 0.00 112.10 AP 00423652 03/30/2022 ADVANTAGE SEALING SYSTEMS INC 827.35 0.00 827.35 AP 00423653 03/30/2022 ALFARO COMMUNICATIONS CONSTRUCTION INC 4,991.12 0.00 4,991.12 AP 00423654 03/30/2022 AMERON POLE PRODUCTS LLC 76,147.84 0.00 76,147.84 AP 00423655 03/30/2022 AMS PLANNING & RESEARCH CORP 7,400.00 0.00 7,400.00 AP 00423656 03/30/2022 AQUABIO ENVIRONMENTAL TECHNOLOGIES INC 1,450.00 0.00 1,450.00 AP 00423657 03/30/2022 ARCHIBALD PET HOSPITAL 450.00 0.00 450.00 AP 00423658 03/30/2022 AWE ACQUISITION INC 20,942.54 0.00 20,942.54 AP 00423659 03/30/2022 BAKER & TAYLOR LLC 31.23 0.00 31.23 07:25:52 04/11/2022Current Date:VLOPEZ - Veronica Lopez Page:1 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 23 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 3/28/2022 through 4/10/2022 Check No.Check Date Vendor Name City Fire Amount AP 00423660 03/30/2022 BAY ALARM COMPANY 108.00 0.00 108.00 AP 00423661 03/30/2022 BEST OUTDOOR POWER INLAND LLC 301.89 0.00 301.89 AP 00423662 03/30/2022 BRYAN CAVE LEIGHTON PAISNER LLP 205.00 0.00 205.00 ***AP 00423665 03/30/2022 C V W D 28,281.16 990.17 29,271.33 AP 00423666 03/30/2022 CALIFORNIA HYDROSTATICS INC 2,981.40 0.00 2,981.40 AP 00423667 03/30/2022 CALIFORNIA LIBRARY ASSOCIATION 395.00 0.00 395.00 AP 00423668 03/30/2022 CALIX INC 9,390.15 0.00 9,390.15 AP 00423669 03/30/2022 CHINO MOWER & EQUIPMENT 2,454.19 0.00 2,454.19 AP 00423670 03/30/2022 CINTAS CORPORATION #150 1,711.70 0.00 1,711.70 AP 00423671 03/30/2022 CLARK DVM CORPORATION, TESS M 1,320.00 0.00 1,320.00 AP 00423672 03/30/2022 COMMUNITY WORKS DESIGN GROUP 101.00 0.00 101.00 AP 00423673 03/30/2022 COST RECOVERY SYSTEMS INC 10,000.00 0.00 10,000.00 AP 00423674 03/30/2022 COTA, TIM 1,031.15 0.00 1,031.15 AP 00423675 03/30/2022 COVETRUS NORTH AMERICA 156.02 0.00 156.02 AP 00423676 03/30/2022 CPS HR CONSULTING 3,175.00 0.00 3,175.00 AP 00423677 03/30/2022 D & K CONCRETE COMPANY 709.00 0.00 709.00 AP 00423678 03/30/2022 DAISYECO INC 415.85 0.00 415.85 AP 00423679 03/30/2022 DEPENDABLE COMPANY INC 62.50 0.00 62.50 AP 00423680 03/30/2022 DOG WASTE DEPOT 729.80 0.00 729.80 AP 00423681 03/30/2022 ECORP CONSULTING INC 1,383.75 0.00 1,383.75 AP 00423682 03/30/2022 EMPIRE ECONOMICS INC 18,500.00 0.00 18,500.00 AP 00423683 03/30/2022 EVERDE GROWERS 805.62 0.00 805.62 AP 00423684 03/30/2022 EXPRESS BRAKE SUPPLY INC 474.35 0.00 474.35 AP 00423685 03/30/2022 FEDERAL EXPRESS CORP 25.74 0.00 25.74 AP 00423686 03/30/2022 FRONTIER COMM 4,012.33 0.00 4,012.33 AP 00423687 03/30/2022 FSG ELECTRIC 485.47 0.00 485.47 AP 00423688 03/30/2022 FUEL SERV 1,712.32 0.00 1,712.32 AP 00423689 03/30/2022 GATEWAY PET CEMETERY & CREMATORY 1,095.00 0.00 1,095.00 AP 00423690 03/30/2022 GIMMAL LLC 1,001.54 0.00 1,001.54 ***AP 00423691 03/30/2022 GOLDEN STATE RISK MANAGEMENT AUTHORITY 98,707.00 1,272.00 99,979.00 AP 00423692 03/30/2022 GRAINGER 192.87 0.00 192.87 ***AP 00423693 03/30/2022 GRAYBAR ELECTRIC COMPANY INC 738.62 46.84 785.46 AP 00423694 03/30/2022 HCI ENVIRONMENTAL & ENGINEERING SVC 8,801.93 0.00 8,801.93 AP 00423695 03/30/2022 HELLO CRITTER 50.00 0.00 50.00 AP 00423696 03/30/2022 HI-WAY SAFETY INC 933.08 0.00 933.08 AP 00423697 03/30/2022 HR GREEN PACIFIC INC 1,568.00 0.00 1,568.00 AP 00423698 03/30/2022 HYDRO TEK SYSTEMS INC 216.95 0.00 216.95 AP 00423699 03/30/2022 IMPETT VETERINARY INC 1,410.00 0.00 1,410.00 AP 00423700 03/30/2022 INLAND TOPSOIL MIXES 646.50 0.00 646.50 AP 00423701 03/30/2022 INTERSTATE ALL BATTERY CENTER 1,284.93 0.00 1,284.93 AP 00423702 03/30/2022 INTERWEST CONSULTING GROUP INC 0.00 1,588.32 1,588.32 AP 00423703 03/30/2022 ITERIS INC 42,470.20 0.00 42,470.20 AP 00423704 03/30/2022 J MRION ROYNON ELEMENTARY PTA 1,050.00 0.00 1,050.00 AP 00423705 03/30/2022 J'S JUICE MASTERS INC 2,613.56 0.00 2,613.56 AP 00423706 03/30/2022 JL GROUP LLC 6,726.61 0.00 6,726.61 AP 00423707 03/30/2022 KOSMONT COMPANIES 4,306.25 0.00 4,306.25 AP 00423708 03/30/2022 LANDSCAPE WEST MANAGEMENT SERVICES INC 153,944.01 0.00 153,944.01 07:25:52 04/11/2022Current Date:VLOPEZ - Veronica Lopez Page:2 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 24 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 3/28/2022 through 4/10/2022 Check No.Check Date Vendor Name City Fire Amount AP 00423709 03/30/2022 LEAGUE OF CALIFORNIA CITIES 210.00 0.00 210.00 AP 00423710 03/30/2022 LEVERAGE INFORMATION SYSTEMS INC 1,049.75 0.00 1,049.75 ***AP 00423711 03/30/2022 LIEBERT CASSIDY WHITMORE 1,938.00 325.00 2,263.00 AP 00423712 03/30/2022 LITTLE BEAR PRODUCTIONS 795.00 0.00 795.00 ***AP 00423714 03/30/2022 LOWES COMPANIES INC 6,275.40 2,697.37 8,972.77 AP 00423715 03/30/2022 LU'S LIGHTHOUSE INC 3,472.84 0.00 3,472.84 AP 00423716 03/30/2022 MARC JONES CONSTRUCTION LLC 91.62 0.00 91.62 AP 00423717 03/30/2022 MARIPOSA LANDSCAPES INC 25,683.99 0.00 25,683.99 AP 00423718 03/30/2022 MARRUFO, JOANNA 514.32 0.00 514.32 AP 00423719 03/30/2022 MCMASTER-CARR SUPPLY COMPANY 245.76 0.00 245.76 AP 00423720 03/30/2022 MCPHEE, SHERRY 17.99 0.00 17.99 AP 00423721 03/30/2022 MEDLINE INDUSTRIES INC 1,709.35 0.00 1,709.35 AP 00423722 03/30/2022 MISSION REPROGRAPHICS 185.87 0.00 185.87 AP 00423723 03/30/2022 MONTGOMERY HARDWARE CO 759.00 0.00 759.00 AP 00423724 03/30/2022 MYERS TIRE SUPPLY COMPANY 59.76 0.00 59.76 ***AP 00423725 03/30/2022 NAPA AUTO PARTS 62.04 536.06 598.10 AP 00423726 03/30/2022 NATIONAL UTILITY LOCATORS LLC 600.00 0.00 600.00 AP 00423727 03/30/2022 NBS 10,000.00 0.00 10,000.00 AP 00423728 03/30/2022 NUTRIEN AG SOLUTIONS 3,053.99 0.00 3,053.99 AP 00423729 03/30/2022 OCCUPATIONAL HEALTH CENTERS OF CA 148.00 0.00 148.00 AP 00423730 03/30/2022 ONYX ARCHITECTS INC 20,831.26 0.00 20,831.26 AP 00423731 03/30/2022 OPEN APPS INC 2,550.00 0.00 2,550.00 AP 00423732 03/30/2022 PARMER, MICHAEL 255.83 0.00 255.83 AP 00423733 03/30/2022 PROHEALTH PARTNERS A MEDICAL GROUP INC 0.00 150.00 150.00 AP 00423734 03/30/2022 QUADIENT INC 713.03 0.00 713.03 AP 00423735 03/30/2022 QUINN COMPANY 0.00 198.12 198.12 AP 00423736 03/30/2022 RANCHO SMOG CENTER 179.80 0.00 179.80 AP 00423737 03/30/2022 RWB PARTY PROPS INC 1,996.61 0.00 1,996.61 AP 00423738 03/30/2022 SAN BERNARDINO CTY TAX COLLECTOR 300.00 0.00 300.00 AP 00423739 03/30/2022 SIEMENS MOBILITY INC 16,138.99 0.00 16,138.99 AP 00423740 03/30/2022 SILVER & WRIGHT LLP 658.00 0.00 658.00 ***AP 00423742 03/30/2022 SOCAL OFFICE TECHNOLOGIES 704.98 11.26 716.24 AP 00423743 03/30/2022 SOUTH COAST AQMD 0.00 582.74 582.74 ***AP 00423750 03/30/2022 SOUTHERN CALIFORNIA EDISON 19,609.56 1,195.66 20,805.22 AP 00423751 03/30/2022 SUN, LUJIA 24.68 0.00 24.68 AP 00423752 03/30/2022 SYSTEMS SOURCE INC 515.52 0.00 515.52 AP 00423753 03/30/2022 TEAGUE, MONIQUE 39.12 0.00 39.12 AP 00423754 03/30/2022 TIREHUB LLC 802.11 0.00 802.11 AP 00423755 03/30/2022 TOMCO CNG INC 2,742.54 0.00 2,742.54 AP 00423756 03/30/2022 TORO TOWING 450.00 0.00 450.00 AP 00423757 03/30/2022 U.S. BANK PARS ACCT #6746022500 12,749.65 0.00 12,749.65 AP 00423758 03/30/2022 U.S. BANK PARS ACCT #6746022500 1,008.42 0.00 1,008.42 AP 00423759 03/30/2022 U.S. BANK PARS ACCT #6745033700 6,605.00 0.00 6,605.00 AP 00423760 03/30/2022 ULINE 4,354.38 0.00 4,354.38 AP 00423761 03/30/2022 UNITED WAY 45.00 0.00 45.00 AP 00423762 03/30/2022 UPS 95.32 0.00 95.32 AP 00423763 03/30/2022 UPS SUPPLY CHAIN SOLUTIONS INC 708.90 0.00 708.90 07:25:52 04/11/2022Current Date:VLOPEZ - Veronica Lopez Page:3 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 25 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 3/28/2022 through 4/10/2022 Check No.Check Date Vendor Name City Fire Amount AP 00423764 03/30/2022 VALLEY POWER SYSTEMS INC 0.00 790.01 790.01 AP 00423765 03/30/2022 VCA CENTRAL ANIMAL HOSPITAL 123.49 0.00 123.49 AP 00423766 03/30/2022 VELOCITY TRUCK CENTERS 0.00 824,667.58 824,667.58 AP 00423767 03/30/2022 VICTOR MEDICAL COMPANY 1,515.65 0.00 1,515.65 AP 00423768 03/30/2022 VIRTUAL PROJECT MANAGER LLC 500.00 0.00 500.00 AP 00423769 03/30/2022 VULCAN MATERIALS COMPANY 3,945.03 0.00 3,945.03 ***AP 00423770 03/30/2022 WALTERS WHOLESALE ELECTRIC CO 1,146.46 1,152.82 2,299.28 AP 00423771 03/30/2022 WAXIE SANITARY SUPPLY 149.60 0.00 149.60 AP 00423772 03/30/2022 WEST COAST ARBORISTS INC 29,186.20 0.00 29,186.20 AP 00423773 03/30/2022 WEST END MATERIAL SUPPLY 160.80 0.00 160.80 AP 00423774 03/30/2022 WESTLAND GROUP INC 6,286.25 0.00 6,286.25 AP 00423775 03/30/2022 WILSON & BELL AUTO SERVICE 448.61 0.00 448.61 AP 00423776 03/30/2022 YUNEX LLC 11,063.00 0.00 11,063.00 AP 00423777 03/30/2022 ZOETIS US LLC 290.48 0.00 290.48 AP 00423778 04/05/2022 DELI, THE 20,000.00 0.00 20,000.00 AP 00423779 04/05/2022 EJMG ZENDEJAS INC 20,000.00 0.00 20,000.00 AP 00423780 04/06/2022 ADVANCED CHEMICAL TRANSPORT INC 2,026.50 0.00 2,026.50 AP 00423781 04/06/2022 AFLAC GROUP INSURANCE 24.58 0.00 24.58 AP 00423782 04/06/2022 ALL WELDING 400.00 0.00 400.00 AP 00423783 04/06/2022 ALLSTAR FIRE EQUIPMENT INC 0.00 2,698.50 2,698.50 AP 00423784 04/06/2022 ALTUM GROUP, THE 5,187.50 0.00 5,187.50 AP 00423785 04/06/2022 AUERBACH POLLOCK FRIEDLANDER 1,000.00 0.00 1,000.00 AP 00423786 04/06/2022 AUFBAU CORPORATION 5,920.00 0.00 5,920.00 AP 00423787 04/06/2022 BRAVO-VALDEZ, PATRICIA 61.22 0.00 61.22 AP 00423788 04/06/2022 BRIGHTVIEW LANDSCAPE SERVICES INC 31,043.19 0.00 31,043.19 AP 00423789 04/06/2022 C V W D 178.49 0.00 178.49 ***AP 00423790 04/06/2022 C V W D 45.68 106.59 152.27 ***AP 00423799 04/06/2022 C V W D 104,239.09 358.67 104,597.76 AP 00423800 04/06/2022 CALIFORNIA, STATE OF 305.00 0.00 305.00 AP 00423801 04/06/2022 CALIFORNIA, STATE OF 50.00 0.00 50.00 AP 00423802 04/06/2022 CALIFORNIA, STATE OF 32.26 0.00 32.26 AP 00423803 04/06/2022 CALIFORNIA, STATE OF 342.73 0.00 342.73 AP 00423804 04/06/2022 CalPERS LONG-TERM CARE PROGRAM 177.08 0.00 177.08 AP 00423805 04/06/2022 CalPERS LONG-TERM CARE PROGRAM 177.08 0.00 177.08 AP 00423806 04/06/2022 CAMERON-DANIEL PC 793.00 0.00 793.00 AP 00423807 04/06/2022 CARRASCO CONCRETE 500.00 0.00 500.00 AP 00423808 04/06/2022 CERTIFIED TOWING INC 150.00 0.00 150.00 ***AP 00423809 04/06/2022 CHARTER COMMUNICATIONS 4,538.74 6,466.37 11,005.11 AP 00423810 04/06/2022 CHINO MOWER & EQUIPMENT 2,689.43 0.00 2,689.43 ***AP 00423811 04/06/2022 CINTAS CORPORATION #150 1,890.94 425.76 2,316.70 AP 00423812 04/06/2022 CONSERVE LANDCARE LLC 14,533.24 0.00 14,533.24 ***AP 00423813 04/06/2022 CUCAMONGA VALLEY WATER DISTRICT 8,656.40 245.00 8,901.40 AP 00423814 04/06/2022 D & K CONCRETE COMPANY 1,071.04 0.00 1,071.04 AP 00423815 04/06/2022 DANIELS TIRE SERVICE 0.00 3,509.55 3,509.55 AP 00423816 04/06/2022 DATA ARC LLC 4,320.70 0.00 4,320.70 AP 00423817 04/06/2022 DATA TICKET INC 7,708.72 0.00 7,708.72 AP 00423818 04/06/2022 DELTA DENTAL OF CALIFORNIA 1,034.36 0.00 1,034.36 07:25:52 04/11/2022Current Date:VLOPEZ - Veronica Lopez Page:4 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 26 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 3/28/2022 through 4/10/2022 Check No.Check Date Vendor Name City Fire Amount AP 00423819 04/06/2022 DELTA DENTAL OF CALIFORNIA 40,563.35 0.00 40,563.35 AP 00423820 04/06/2022 ECHEVERRY, DIANA 41.48 0.00 41.48 AP 00423821 04/06/2022 EXPERIAN 52.00 0.00 52.00 AP 00423822 04/06/2022 FASTENAL COMPANY 103.04 0.00 103.04 AP 00423823 04/06/2022 FIRE APPARATUS SOLUTIONS 0.00 607.63 607.63 ***AP 00423824 04/06/2022 FRANKLIN TRUCK PARTS INC 730.59 296.50 1,027.09 ***AP 00423825 04/06/2022 FRONTIER COMM 1,764.38 523.13 2,287.51 AP 00423826 04/06/2022 GENUINE GENERAL CONTRACTOR 21,420.00 0.00 21,420.00 AP 00423827 04/06/2022 GILLISON, JOHN 29.00 0.00 29.00 AP 00423828 04/06/2022 GLOBALSTAR USA 154.89 0.00 154.89 AP 00423829 04/06/2022 GOSS, ROBERT 0.00 320.00 320.00 AP 00423830 04/06/2022 GRAINGER 88.64 0.00 88.64 AP 00423831 04/06/2022 GRAYBAR ELECTRIC COMPANY INC 0.00 1,036.36 1,036.36 AP 00423832 04/06/2022 HAAKER EQUIPMENT COMPANY 414.90 0.00 414.90 AP 00423833 04/06/2022 HARRIS, TY 0.00 263.62 263.62 AP 00423834 04/06/2022 HERITAGE WELLNESS COLLECTIVE 1,019.00 0.00 1,019.00 AP 00423835 04/06/2022 HILL'S PET NUTRITION SALES INC 586.57 0.00 586.57 AP 00423836 04/06/2022 HONDA YAMAHA HUSQVARNA OF REDLANDS 1,063.70 0.00 1,063.70 AP 00423837 04/06/2022 HR GREEN PACIFIC INC 4,867.50 0.00 4,867.50 AP 00423838 04/06/2022 INTERWEST CONSULTING GROUP INC 0.00 1,726.27 1,726.27 AP 00423839 04/06/2022 KENNEDY EQUIPMENT CO INC 920.66 0.00 920.66 AP 00423840 04/06/2022 LEAL, MICHAEL 0.00 332.00 332.00 AP 00423841 04/06/2022 LEE, RI JA 128.69 0.00 128.69 AP 00423842 04/06/2022 LIFE-ASSIST INC 0.00 7,152.88 7,152.88 AP 00423843 04/06/2022 LU'S LIGHTHOUSE INC 262.22 0.00 262.22 AP 00423844 04/06/2022 MAIN STREET SIGNS 1,421.87 0.00 1,421.87 AP 00423845 04/06/2022 MARIPOSA LANDSCAPES INC 1,416.13 0.00 1,416.13 AP 00423846 04/06/2022 MCMASTER-CARR SUPPLY COMPANY 0.00 106.39 106.39 AP 00423847 04/06/2022 MCMURRAY STERN INC 0.00 1,200.00 1,200.00 AP 00423848 04/06/2022 MENDOZA, KATHLEEN 6.26 0.00 6.26 AP 00423850 04/06/2022 MIDWEST TAPE 6,335.68 0.00 6,335.68 AP 00423851 04/06/2022 MOLINA, GINA 0.00 28.18 28.18 AP 00423852 04/06/2022 MONTARROYOS, MATT 48.70 0.00 48.70 ***AP 00423853 04/06/2022 NAPA AUTO PARTS 119.28 1,260.66 1,379.94 AP 00423854 04/06/2022 NATIONAL CNG & FLEET SERVICE 1,182.89 0.00 1,182.89 AP 00423855 04/06/2022 NATIONAL UTILITY LOCATORS LLC 240.00 0.00 240.00 AP 00423856 04/06/2022 NINYO & MOORE 21,220.75 0.00 21,220.75 AP 00423857 04/06/2022 NUTRIEN AG SOLUTIONS 1,502.79 0.00 1,502.79 AP 00423858 04/06/2022 ONTRAC 55.61 0.00 55.61 AP 00423859 04/06/2022 ORIEL, JASMIN 133.15 0.00 133.15 AP 00423860 04/06/2022 OROZCO, JOSE 300.00 0.00 300.00 ***AP 00423861 04/06/2022 OWEN GROUP LIMITED PARTNERSHIP 77,589.00 25,863.00 103,452.00 AP 00423862 04/06/2022 OWENS, LORRAINE 53.74 0.00 53.74 ***AP 00423863 04/06/2022 PFM ASSET MANAGEMENT LLC 25,231.06 2,847.08 28,078.14 AP 00423864 04/06/2022 PINNACLE PETROLEUM INC 0.00 16,820.30 16,820.30 AP 00423865 04/06/2022 PIP PRINTING 983.76 0.00 983.76 AP 00423866 04/06/2022 PRE-PAID LEGAL SERVICES INC 53.36 0.00 53.36 07:25:52 04/11/2022Current Date:VLOPEZ - Veronica Lopez Page:5 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 27 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 3/28/2022 through 4/10/2022 Check No.Check Date Vendor Name City Fire Amount AP 00423867 04/06/2022 RBM LOCK & KEY SERVICE 184.79 0.00 184.79 AP 00423868 04/06/2022 RELIABLE ROOFING COMPANY 492.31 0.00 492.31 AP 00423869 04/06/2022 RESCUE RESPONSE GEAR LLC 0.00 271.67 271.67 AP 00423870 04/06/2022 RODRIGUEZ, DANIELA 87.08 0.00 87.08 AP 00423871 04/06/2022 ROJAS, OMAR 36.48 0.00 36.48 AP 00423872 04/06/2022 SAENZ, MAY 69.39 0.00 69.39 AP 00423873 04/06/2022 SAFARILAND LLC 0.00 101,596.68 101,596.68 AP 00423874 04/06/2022 SAFE-ENTRY TECHNICAL INC 0.00 855.00 855.00 AP 00423875 04/06/2022 SAN BERNARDINO COUNTY 0.00 12,398.64 12,398.64 AP 00423876 04/06/2022 SAVAGE, DONTE 100.00 0.00 100.00 AP 00423877 04/06/2022 SBPEA 2,351.00 0.00 2,351.00 AP 00423878 04/06/2022 SHEAKLEY PENSION ADMINISTRATION 0.00 198.40 198.40 AP 00423879 04/06/2022 SHEAKLEY PENSION ADMINISTRATION 467.95 0.00 467.95 AP 00423880 04/06/2022 SHERIFF'S COURT SERVICES 459.00 0.00 459.00 AP 00423881 04/06/2022 SHOETERIA INC 355.00 0.00 355.00 AP 00423882 04/06/2022 SHRED PROS 0.00 63.00 63.00 AP 00423883 04/06/2022 SIGN SHOP, THE 0.00 853.38 853.38 ***AP 00423888 04/06/2022 SOUTHERN CALIFORNIA EDISON 26,331.10 110.26 26,441.36 AP 00423889 04/06/2022 SOUTHERN CALIFORNIA EDISON 54.67 0.00 54.67 AP 00423890 04/06/2022 STANDARD INSURANCE COMPANY 3,308.77 0.00 3,308.77 AP 00423891 04/06/2022 TELEFLEX LLC 0.00 2,370.50 2,370.50 AP 00423892 04/06/2022 THOMPSON BUILDING MATERIALS 142.45 0.00 142.45 ***AP 00423893 04/06/2022 TIREHUB LLC 1,336.06 242.68 1,578.74 AP 00423894 04/06/2022 UNITED WAY 45.00 0.00 45.00 AP 00423895 04/06/2022 UNIVERSAL FLEET SUPPLY 0.00 75.40 75.40 AP 00423896 04/06/2022 UPLAND AUTO TRIM 742.50 0.00 742.50 AP 00423897 04/06/2022 UPS 76.66 0.00 76.66 AP 00423898 04/06/2022 VAN DAELE HOMES CORPORATION 18.68 0.00 18.68 AP 00423899 04/06/2022 VELARDE, HOPE 212.00 0.00 212.00 AP 00423900 04/06/2022 VELOCITY TRUCK CENTERS 0.00 1,161.00 1,161.00 AP 00423901 04/06/2022 VERIZON WIRELESS - LA 0.00 5,587.42 5,587.42 AP 00423902 04/06/2022 VULCAN MATERIALS COMPANY 77.31 0.00 77.31 AP 00423903 04/06/2022 WALTERS WHOLESALE ELECTRIC CO 908.06 0.00 908.06 ***AP 00423904 04/06/2022 WAXIE SANITARY SUPPLY 1,008.23 374.30 1,382.53 AP 00423905 04/06/2022 WESTERN EXTRICATION SPECIALISTS INC 0.00 46,740.87 46,740.87 AP 00423906 04/06/2022 WILBUR-ELLIS COMPANY 14,671.24 0.00 14,671.24 AP 00423907 04/06/2022 WILSON & BELL AUTO SERVICE 753.10 0.00 753.10 AP 00423908 04/06/2022 XEROX FINANCIAL SERVICES 298.38 0.00 298.38 AP 00423909 04/06/2022 YANEZ, BRITTANY 92.48 0.00 92.48 AP 00423910 04/07/2022 BOOT BARN INC 1,587.01 0.00 1,587.01 AP 00423911 04/07/2022 FINE LINE PRODUCTS 0.00 6,788.25 6,788.25 AP 00423912 04/07/2022 RED WING BUSINESS ADVANTAGE ACCOUNT 1,242.65 0.00 1,242.65 AP 00423913 04/07/2022 SHOETERIA INC 6,473.47 0.00 6,473.47 07:25:52 04/11/2022Current Date:VLOPEZ - Veronica Lopez Page:6 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 28 Agenda Check Register RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. AND CITY OF RANCHO CUCAMONGA 3/28/2022 through 4/10/2022 Check No.Check Date Vendor Name City Fire Amount $5,227,679.71 $6,320,895.51 $1,093,215.80 Note: Grand Total: Total Fire: Total City: *** Check Number includes both City and Fire District expenditures 07:25:52 04/11/2022Current Date:VLOPEZ - Veronica Lopez Page:7 Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User: Report:Page 29 DATE:April 20, 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 Jason Shields, Management Analyst II SUBJECT:Consideration to Receive and File Current Investment Schedules as of March 31, 2022 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 March 31, 2022. BACKGROUND: The attached investment schedules as of March 31, 2022 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 30 Page 31 For the Month Ending March 31, 2022 Account Statement Consolidated Summary Statement CITY OF RANCHO CUCAMONGA Investment Allocation Investment Type Closing Market Value Percent 11,172,294.74 3.20 Asset-Backed Security 36,770,313.40 10.53 Federal Agency Bond / Note 45,337,066.49 12.98 Corporate Note 1,197,109.70 0.34 Certificate of Deposit - FDIC Insured 994,565.00 0.28 Municipal Bond / Note 8,117,743.29 2.32 Supra-National Agency Bond / Note 167,291,966.02 47.90 U.S. Treasury Bond / Note 72,626,826.86 20.79 Local Agency Investment Fund 5,790,771.20 1.66 Passbook/Checking Accounts $349,298,656.70 Total 100.00% Portfolio Summary and Income Closing Market ValuePortfolio Holdings Cash Dividends PFMAM Managed Account (118,366.58) 270,881,058.64 Local Agency Investment Fund 0.00 72,626,826.86 Passbook/Checking Accounts 0.00 5,790,771.20 ($118,366.58)$349,298,656.70 Total Maturity Distribution (Fixed Income Holdings) Portfolio Holdings Closing Market Value Percent 78,417,598.06 0.00 0.00 500,330.00 12,918,608.02 81,550,223.04 63,597,520.39 66,477,892.74 45,836,484.45 0.00 22.45 0.00 0.00 0.14 3.70 23.35 18.21 19.03 13.12 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 $349,298,656.70 761 100.00% Weighted Average Days to Maturity Sector Allocation 3.20% ABS 10.53% Fed Agy Bond / Note 12.98% Corporate Note 0.34% Cert of Deposit - FDIC 0.28% Muni Bond / Note 2.32% Supra-National Agency Bond / Note 47.90% US TSY Bond / Note 20.79% Local Agency Investment Fund 1.66% Passbook/Checking Accounts Summary Page 1 Page 32 For the Month Ending March 31, 2022Managed Account Summary Statement CITY OF RANCHO CUCAMONGA - 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) $275,445,950.91 0.00 (10,851,014.07) 11,481,413.04 0.00 (5,195,291.24) $270,881,058.64 222,621.52 (19,937.33) (321,050.77) ($118,366.58) Total 283,004,408.71 589,197.76 10,885,292.86 0.00 188,342.73 (11,501,350.37) (282,550,563.05) (548,989.06) Total Accrual Basis Earnings $66,339.58 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 10,885,292.86 188,342.73 0.00 (11,501,350.37) 0.00 0.00 Cash Balance $129,180.89 Closing Cash Balance Account 73340000 Page 1 Page 33 For the Month Ending March 31, 2022Portfolio Summary and Statistics CITY OF RANCHO CUCAMONGA - Account Summary Percent Par Value Market ValueDescription U.S. Treasury Bond / Note 173,525,000.00 167,291,966.02 61.76 Supra-National Agency Bond / Note 8,410,000.00 8,117,743.29 3.00 Municipal Bond / Note 1,000,000.00 994,565.00 0.37 Federal Agency Bond / Note 38,745,000.00 36,770,313.40 13.57 Corporate Note 46,850,000.00 45,337,066.49 16.74 Certificate of Deposit - FDIC Insured 1,225,000.00 1,197,109.70 0.44 Asset-Backed Security 11,510,000.00 11,172,294.74 4.12 Managed Account Sub-Total 281,265,000.00 270,881,058.64 100.00% Accrued Interest 589,197.76 Total Portfolio 281,265,000.00 271,470,256.40 Unsettled Trades 0.00 0.00 Sector Allocation 4.12% ABS 0.44% Cert of Deposit - FDIC 16.74% Corporate Note 13.57% Fed Agy Bond / Note 0.37% Muni Bond / Note 3.00% Supra-National Agency Bond / Note 61.76% 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 0.18% 4.77% 30.11% 23.48%24.54% 16.92% 0.00% Maturity Distribution Characteristics Yield to Maturity at Cost Yield to Maturity at Market Weighted Average Days to Maturity 981 0.67% 2.35% Account 73340000 Page 2 Page 34 For the Month Ending March 31, 2022Managed Account Issuer Summary CITY OF RANCHO CUCAMONGA - Credit Quality (S&P Ratings) 3.15% A 0.53% A+ 4.38% A- 1.61% AA 78.61% AA+ 1.98% AA- 6.15% AAA 2.18% BBB+ 1.41% NR Issuer Summary Percentof HoldingsIssuer Market Value 1,397,294.70 0.52 AMAZON.COM INC 1,717,548.00 0.63 AMERICAN EXPRESS CO 1,850,340.00 0.68 AMERICAN HONDA FINANCE 7,870,690.98 2.91 APPLE INC 1,560,033.03 0.58 ASTRAZENECA PLC 491,222.97 0.18 BMW FINANCIAL SERVICES NA LLC 1,785,905.54 0.66 CAPITAL ONE FINANCIAL CORP 2,392,674.91 0.88 CARMAX AUTO OWNER TRUST 1,854,386.00 0.68 CATERPILLAR INC 638,115.72 0.24 CHARLES SCHWAB 232,655.43 0.09 CHIPPEWA VALLEY BANK 1,426,176.00 0.53 CITIGROUP INC 1,889,368.00 0.70 DEERE & COMPANY 237,386.63 0.09 ENERBANK USA 25,505,901.80 9.41 FANNIE MAE 2,809,785.00 1.04 FEDERAL FARM CREDIT BANKS 8,454,626.60 3.12 FREDDIE MAC 1,626,676.80 0.60 GENERAL DYNAMICS CORP 922,423.74 0.34 GM FINANCIAL CONSUMER AUTOMOBILE TRUST 503,803.08 0.19 GM FINANCIAL LEASINGTRUST 1,769,620.10 0.65 GOLDMAN SACHS GROUP INC 1,239,794.38 0.46 HONDA AUTO RECEIVABLES 1,471,102.40 0.54 HONEYWELL INTERNATIONAL 274,238.58 0.10 HYUNDAI AUTO LEASE SECURITIZATION TRUST 2,007,707.40 0.74 HYUNDAI AUTO RECEIVABLES 1,692,088.35 0.62 IBM CORP 5,041,441.23 1.86 INTER-AMERICAN DEVELOPMENT BANK 3,076,302.06 1.14 INTL BANK OF RECONSTRUCTION AND DEV 1,576,138.84 0.58 JP MORGAN CHASE & CO 877,697.00 0.32 KUBOTA CREDIT OWNER TRUST 1,606,632.00 0.59 LOCKHEED MARTIN CORP 233,039.59 0.09 MEDALLION BANK UTAH Account 73340000 Page 3 Page 35 For the Month Ending March 31, 2022Managed Account Issuer Summary CITY OF RANCHO CUCAMONGA - Percentof HoldingsIssuer Market Value 178,287.35 0.07 MERCEDES-BENZ AUTO LEASE TRUST 1,237,290.84 0.46 MORGAN STANLEY 2,926,170.00 1.08 NOVARTIS AG 2,954,648.75 1.09 Roche Holding AG 994,565.00 0.37 SAN MATEO-FOSTER CITY SCHOOL DISTRICT 295,206.15 0.11 STATE STREET CORPORATION 342,985.74 0.13 TARGET CORP 1,556,970.33 0.57 THE BANK OF NEW YORK MELLON CORPORATION 1,022,759.27 0.38 TOYOTA MOTOR CORP 1,947,720.60 0.72 TRUIST FIN CORP 419,233.76 0.15 UNILEVER PLC 167,291,966.02 61.75 UNITED STATES TREASURY 2,443,615.00 0.90 US BANCORP 989,762.76 0.37 VOLKSWAGEN OF AMERICA 247,060.21 0.09 WELLS FARGO & COMPANY $270,881,058.64 Total 100.00% Account 73340000 Page 4 Page 36 For the Month Ending March 31, 2022Managed Account Detail of Securities Held CITY OF RANCHO CUCAMONGA - 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 MarketTrade Settle Par U.S. Treasury Bond / Note US TREASURY NOTES DTD 01/31/2018 2.375% 01/31/2023 1,409,406.32 1,425,518.67 5,511.05 1,467,101.56 11/20/2011/17/20AaaAA+ 1,400,000.00 9128283U2 0.19 US TREASURY NOTES DTD 02/28/2018 2.625% 02/28/2023 1,825,837.50 1,850,126.91 4,131.52 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 4,244,023.65 4,303,037.10 5,543.48 4,371,523.44 01/26/2101/25/21AaaAA+ 4,250,000.00 912828P79 0.13 US TREASURY NOTES DTD 03/15/2020 0.500% 03/15/2023 4,945,312.50 5,016,043.79 1,154.89 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 5,050,781.00 5,139,009.44 57,734.81 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 3,487,968.75 3,559,159.68 19,062.50 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 6,372,031.25 6,508,125.00 4,776.79 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 5,848,125.00 5,993,364.68 1,243.09 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 4,868,750.00 4,996,055.89 776.93 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 4,857,812.50 4,994,019.05 288.72 4,988,476.56 11/24/2011/23/20AaaAA+ 5,000,000.00 91282CAK7 0.21 US TREASURY NOTES DTD 09/30/2021 0.250% 09/30/2023 1,944,687.60 1,999,350.72 13.66 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 5,833,125.00 5,986,583.56 9,447.51 5,983,125.00 11/03/2111/01/21AaaAA+ 6,000,000.00 91282CDD0 0.52 US TREASURY N/B NOTES DTD 12/31/2021 0.750% 12/31/2023 3,409,218.75 3,498,192.48 6,598.76 3,497,949.22 01/05/2201/03/22AaaAA+ 3,500,000.00 91282CDR9 0.78 US TREASURY N/B NOTES DTD 12/31/2021 0.750% 12/31/2023 4,870,312.50 4,988,779.66 9,426.79 4,987,304.69 01/07/2201/06/22AaaAA+ 5,000,000.00 91282CDR9 0.88 Account 73340000 Page 5 Page 37 For the Month Ending March 31, 2022Managed Account Detail of Securities Held CITY OF RANCHO CUCAMONGA - 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 MarketTrade Settle Par U.S. Treasury Bond / Note US TREASURY NOTES DTD 02/28/2019 2.375% 02/29/2024 8,007,500.00 8,335,963.52 16,521.74 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 3,586,757.81 3,747,631.70 30,358.01 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 1,815,984.28 1,882,320.84 1,797.65 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 4,771,875.00 5,005,154.66 3,936.46 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 5,581,406.25 5,868,864.67 16,446.13 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 3,809,375.20 3,996,981.20 1,864.64 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 2,181,157.81 2,299,434.48 2,440.22 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 1,330,000.00 1,395,751.47 242.53 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 5,596,488.00 5,913,890.21 327.75 6,075,872.27 09/28/2009/24/20AaaAA+ 5,645,000.00 9128282Y5 0.21 US TREASURY NOTES DTD 10/31/2019 1.500% 10/31/2024 2,438,672.00 2,576,407.66 15,745.86 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 4,870,312.50 5,159,241.86 25,137.36 5,239,843.75 11/24/2011/23/20AaaAA+ 5,000,000.00 912828YV6 0.30 US TREASURY NOTES DTD 12/31/2019 1.750% 12/31/2024 980,000.00 1,019,538.95 4,399.17 1,021,210.94 01/05/2201/03/22AaaAA+ 1,000,000.00 912828YY0 1.03 US TREASURY NOTES DTD 02/28/2018 2.750% 02/28/2025 6,039,375.00 6,437,565.06 14,347.83 6,663,750.00 09/28/2009/24/20AaaAA+ 6,000,000.00 9128283Z1 0.23 US TREASURY NOTES DTD 03/31/2020 0.500% 03/31/2025 2,591,015.63 2,763,299.53 37.57 2,769,335.94 11/20/2011/17/20AaaAA+ 2,750,000.00 912828ZF0 0.34 Account 73340000 Page 6 Page 38 For the Month Ending March 31, 2022Managed Account Detail of Securities Held CITY OF RANCHO CUCAMONGA - 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 MarketTrade Settle Par U.S. Treasury Bond / Note US TREASURY NOTES DTD 04/30/2020 0.375% 04/30/2025 1,966,453.02 2,046,033.42 3,306.63 2,042,003.91 01/07/2201/06/22AaaAA+ 2,100,000.00 912828ZL7 1.23 US TREASURY NOTES DTD 07/31/2020 0.250% 07/31/2025 4,171,640.40 4,484,283.53 1,864.64 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 6,489,218.40 6,968,021.77 2,900.55 6,956,250.00 01/08/2101/06/21AaaAA+ 7,000,000.00 91282CAB7 0.39 US TREASURY NOTES DTD 11/30/2020 0.375% 11/30/2025 2,773,125.00 2,838,203.66 3,770.60 2,833,007.81 02/17/2202/16/22AaaAA+ 3,000,000.00 91282CAZ4 1.91 US TREASURY NOTES DTD 12/31/2020 0.375% 12/31/2025 3,600,796.68 3,849,265.67 3,676.45 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 3,819,228.70 4,087,779.92 2,576.31 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 5,528,437.20 5,925,135.67 3,729.28 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 2,450,007.68 2,629,470.80 1,152.17 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 2,797,500.00 2,978,848.30 61.48 2,973,632.81 04/06/2104/02/21AaaAA+ 3,000,000.00 91282CBT7 0.93 US TREASURY NOTES DTD 05/16/2016 1.625% 05/15/2026 3,401,074.40 3,505,089.53 21,678.26 3,504,758.79 03/07/2203/03/22AaaAA+ 3,525,000.00 912828R36 1.77 US TREASURY N/B NOTES DTD 05/31/2021 0.750% 05/31/2026 2,790,000.00 2,858,682.66 7,541.21 2,854,687.50 02/17/2202/16/22AaaAA+ 3,000,000.00 91282CCF6 1.93 US TREASURY N/B NOTES DTD 05/31/2021 0.750% 05/31/2026 5,673,000.00 6,088,860.68 15,333.79 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 1,845,625.00 1,987,824.29 2,071.82 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 2,768,437.50 2,993,084.72 3,107.74 2,992,031.25 08/03/2108/02/21AaaAA+ 3,000,000.00 91282CCP4 0.68 Account 73340000 Page 7 Page 39 For the Month Ending March 31, 2022Managed Account Detail of Securities Held CITY OF RANCHO CUCAMONGA - 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 MarketTrade Settle Par U.S. Treasury Bond / Note US TREASURY N/B NOTES DTD 10/31/2021 1.125% 10/31/2026 376,250.00 397,757.63 1,889.50 397,578.13 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 2,738,489.06 2,902,716.39 12,128.78 2,903,255.27 12/03/2112/01/21AaaAA+ 2,895,000.00 91282CDK4 1.19 US TREASURY N/B NOTES DTD 12/31/2021 1.250% 12/31/2026 1,535,371.18 1,617,077.28 5,106.18 1,616,684.57 01/05/2201/03/22AaaAA+ 1,625,000.00 91282CDQ1 1.36 351,208.81 167,291,966.02 174,817,548.36 0.50 176,202,585.01 173,525,000.00 Security Type Sub-Total Supra-National Agency Bond / Note INTL BK OF RECON AND DEV NOTE DTD 04/20/2021 0.126% 04/20/2023 1,712,366.76 1,743,099.91 983.31 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 1,363,935.30 1,408,333.37 1,243.54 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 3,575,308.23 3,752,703.01 417.22 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 1,466,133.00 1,556,048.72 1,239.58 1,576,950.00 02/23/2102/19/21AaaAAA 1,500,000.00 4581X0DK1 0.47 3,883.65 8,117,743.29 8,460,185.01 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 500,330.00 500,349.00 968.33 502,300.00 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 494,235.00 501,410.18 1,055.00 503,385.00 05/19/2005/19/20AaaAA+ 500,000.00 799055QS0 1.05 2,023.33 994,565.00 1,001,759.18 1.00 1,005,685.00 1,000,000.00 Security Type Sub-Total Account 73340000 Page 8 Page 40 For the Month Ending March 31, 2022Managed Account Detail of Securities Held CITY OF RANCHO CUCAMONGA - 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 MarketTrade Settle Par Federal Agency Bond / Note FANNIE MAE NOTES DTD 07/10/2020 0.250% 07/10/2023 4,164,375.78 4,260,546.46 2,396.25 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 4,672,204.80 4,801,429.95 766.67 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 1,647,405.40 1,699,184.74 1,711.81 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 4,258,293.60 4,397,233.66 3,788.89 4,394,984.00 11/25/2011/23/20AaaAA+ 4,400,000.00 3135G06H1 0.29 FANNIE MAE NOTES DTD 06/19/2020 0.500% 06/17/2025 2,712,212.60 2,899,453.24 4,181.67 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 4,684,305.00 5,012,118.05 7,222.22 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 2,809,785.00 3,004,674.42 3,708.33 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 2,344,767.50 2,499,338.99 3,038.19 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 1,859,606.00 1,991,856.90 750.00 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 2,135,016.40 2,295,175.91 191.67 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 1,293,795.32 1,388,351.67 2,780.00 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 4,188,546.00 4,495,951.05 9,000.00 4,494,465.00 12/04/2012/02/20AaaAA+ 4,500,000.00 3135G06G3 0.53 39,535.70 36,770,313.40 38,745,315.04 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 3,413,885.94 3,378,720.14 33,448.00 3,348,574.20 05/06/1905/06/19AaaAA+ 3,390,000.00 037833AK6 2.73 Account 73340000 Page 9 Page 41 For the Month Ending March 31, 2022Managed Account Detail of Securities Held CITY OF RANCHO CUCAMONGA - 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 MarketTrade Settle Par Corporate Note APPLE INC CORPORATE NOTES DTD 05/11/2020 0.750% 05/11/2023 1,420,403.04 1,441,752.26 4,200.00 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 3,036,402.00 3,006,702.26 13,000.00 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 638,115.72 659,784.11 178.75 659,670.00 03/18/2103/16/21A2A 660,000.00 808513BN4 0.77 AMAZON.COM INC CORPORATE NOTES DTD 05/12/2021 0.450% 05/12/2024 1,397,294.70 1,453,503.69 2,528.06 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 1,717,548.00 1,778,369.32 7,307.29 1,786,755.00 11/23/2111/19/21A2BBB+ 1,725,000.00 025816CG2 1.14 UNILEVER CAPITAL CORP (CALLABLE) CORPORA DTD 08/12/2021 0.626% 08/12/2024 419,233.76 440,000.00 374.90 440,000.00 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 491,222.97 514,963.46 525.73 514,953.65 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 2,443,615.00 2,592,700.73 9,965.28 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 2,926,170.00 3,094,009.08 6,854.17 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 582,881.84 610,000.00 429.29 610,000.00 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 1,606,632.00 1,682,166.10 3,866.67 1,714,864.00 03/09/2103/05/21A3A- 1,600,000.00 539830BE8 1.05 Account 73340000 Page 10 Page 42 For the Month Ending March 31, 2022Managed Account Detail of Securities Held CITY OF RANCHO CUCAMONGA - 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 MarketTrade Settle Par Corporate Note ROCHE HOLDINGS INC (CALLABLE) CORPORATE DTD 03/10/2022 2.132% 03/10/2025 2,954,648.75 3,015,000.00 3,749.66 3,015,000.00 03/10/2203/03/22Aa3AA 3,015,000.00 771196BT8 2.13 GENERAL DYNAMICS CORP (CALLABLE) CORP NO DTD 05/11/2018 3.500% 05/15/2025 1,626,676.80 1,715,693.51 21,155.56 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 1,426,176.00 1,501,334.96 7,899.50 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 1,556,970.33 1,684,237.20 2,211.56 1,684,005.85 02/01/2101/28/21A1A 1,685,000.00 06406RAQ0 0.76 STATE STREET CORP CORPORATE NOTES DTD 02/07/2022 1.746% 02/06/2026 295,206.15 305,000.00 798.80 305,000.00 02/07/2202/02/22A1A 305,000.00 857477BR3 1.75 GOLDMAN SACHS GROUP INC CORPORATE NOTES DTD 02/12/2021 0.855% 02/12/2026 1,769,620.10 1,903,007.57 2,211.13 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 1,692,088.35 1,824,062.35 20,881.67 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 1,560,033.03 1,682,970.40 6,867.50 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 1,022,759.27 1,102,829.03 3,556.72 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 990,323.00 1,056,943.23 5,555.56 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 1,850,340.00 1,972,739.97 1,588.89 1,970,740.00 12/03/2112/01/21A3A- 2,000,000.00 02665WDZ1 1.62 Account 73340000 Page 11 Page 43 For the Month Ending March 31, 2022Managed Account Detail of Securities Held CITY OF RANCHO CUCAMONGA - 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 MarketTrade Settle Par Corporate Note CATERPILLAR FINL SERVICE CORPORATE NOTES DTD 09/14/2021 1.150% 09/14/2026 1,854,386.00 1,969,845.52 1,086.11 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 993,257.00 1,052,499.75 14,750.00 1,057,540.00 11/03/2111/01/21A2A- 1,000,000.00 46625HRV4 1.72 JOHN DEERE CAPITAL CORP CORPORATE NOTES DTD 01/10/2022 1.700% 01/11/2027 1,889,368.00 1,989,202.37 7,650.00 1,988,720.00 01/13/2201/11/22A2A 2,000,000.00 24422EWA3 1.82 TARGET CORP CORPORATE NOTES DTD 01/24/2022 1.950% 01/15/2027 342,985.74 354,418.75 1,288.35 354,396.50 01/24/2201/19/22A2A 355,000.00 87612EBM7 1.99 HONEYWELL INTERNATIONAL (CALLABLE) CORP DTD 08/16/2021 1.100% 03/01/2027 1,471,102.40 1,513,114.11 1,466.67 1,511,904.00 03/07/2203/03/22A2A 1,600,000.00 438516CE4 2.27 TRUIST FINANCIAL CORP NOTES (CALLABLE) DTD 03/02/2021 1.267% 03/02/2027 1,947,720.60 1,950,141.76 2,143.34 1,949,808.00 03/28/2203/24/22A3A- 2,100,000.00 89788MAD4 2.83 187,539.16 45,337,066.49 47,245,711.63 1.50 47,438,065.40 46,850,000.00 Security Type Sub-Total Certificate of Deposit - FDIC Insured WELLS FARGO BANK NA DTD 01/29/2020 1.900% 01/30/2023 247,060.21 245,000.00 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 246,967.84 245,000.00 757.49 245,000.00 01/30/2001/30/20NRNR 245,000.00 61760A6Q7 1.85 ENERBANK USA DTD 07/24/2020 0.450% 07/24/2024 237,386.63 245,000.00 24.16 245,000.00 07/24/2007/24/20NRNR 245,000.00 29278TQD5 0.45 CHIPPEWA VALLEY BANK DTD 07/29/2020 0.500% 07/29/2025 232,655.43 245,000.00 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 233,039.59 245,000.00 7.38 245,000.00 07/30/2007/30/20NRNR 245,000.00 58404DHQ7 0.55 Account 73340000 Page 12 Page 44 For the Month Ending March 31, 2022Managed Account Detail of Securities Held CITY OF RANCHO CUCAMONGA - 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 MarketTrade Settle Par 837.36 1,197,109.70 1,225,000.00 1.07 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 178,287.35 179,989.00 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 274,238.58 279,983.82 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 503,803.08 514,943.64 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 518,375.19 529,992.86 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 526,123.35 539,955.18 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 367,644.68 374,955.35 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 877,697.00 924,970.61 230.22 924,965.13 07/28/2107/20/21AaaNR 925,000.00 50117XAE2 0.56 CARMX 2021-1 A3 DTD 01/27/2021 0.340% 12/15/2025 117,059.28 119,981.99 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 721,419.19 744,856.18 182.11 744,842.95 11/24/2111/16/21AaaNR 745,000.00 43815GAC3 0.89 CARMX 2021-2 A3 DTD 04/21/2021 0.520% 02/17/2026 791,273.12 809,859.61 187.20 809,825.45 04/21/2104/13/21NRAAA 810,000.00 14314QAC8 0.52 CARMX 2021-3 A3 DTD 07/28/2021 0.550% 06/15/2026 1,484,342.51 1,529,783.19 374.00 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 989,762.76 1,024,962.47 319.46 1,024,959.82 12/13/2112/07/21AaaAAA 1,025,000.00 92868KAC7 1.02 HART 2022-A A3 DTD 03/16/2022 2.220% 10/15/2026 1,481,584.05 1,499,942.80 1,387.50 1,499,942.25 03/16/2203/09/22NRAAA 1,500,000.00 448977AD0 2.22 GMCAR 2022-1 A3 DTD 01/19/2022 1.260% 11/16/2026 554,779.06 569,952.49 299.25 569,950.47 01/19/2201/11/22NRAAA 570,000.00 380146AC4 1.26 Account 73340000 Page 13 Page 45 For the Month Ending March 31, 2022Managed Account Detail of Securities Held CITY OF RANCHO CUCAMONGA - 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 MarketTrade Settle Par Asset-Backed Security COMET 2021-A3 A3 DTD 11/30/2021 1.040% 11/16/2026 1,785,905.54 1,864,760.30 862.04 1,864,743.00 11/30/2111/18/21NRAAA 1,865,000.00 14041NFY2 1.04 4,169.75 11,172,294.74 11,508,889.49 0.90 11,508,708.21 11,510,000.00 Security Type Sub-Total 281,265,000.00 284,604,621.72 0.67 589,197.76 283,004,408.71 270,881,058.64 Managed Account Sub-Total $281,265,000.00 $284,604,621.72 $589,197.76 $283,004,408.71 $270,881,058.64 0.67% $271,470,256.40 $589,197.76 Total Investments Accrued Interest Securities Sub-Total Account 73340000 Page 14 Page 46 For the Month Ending March 31, 2022Managed Account Fair Market Value & Analytics CITY OF RANCHO CUCAMONGA - Value On Cost Amort CostCUSIPBrokerDate PriceDated Date/Coupon/Maturity Par at Mkt Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective Duration U.S. Treasury Bond / Note (16,112.35)(57,695.24) 1,409,406.32 100.67 CITIGRP 1,400,000.00 9128283U2US TREASURY NOTES DTD 01/31/2018 2.375% 01/31/2023 1.56 0.83 (24,289.41)(84,419.53) 1,825,837.50 100.88 CITIGRP 1,810,000.00 9128284A5US TREASURY NOTES DTD 02/28/2018 2.625% 02/28/2023 1.66 0.91 (59,013.45)(127,499.79) 4,244,023.65 99.86 BNP_PAR 4,250,000.00 912828P79US TREASURY NOTES DTD 02/29/2016 1.500% 02/28/2023 1.65 0.91 (70,731.29)(94,335.94) 4,945,312.50 98.91 WELLS_F 5,000,000.00 912828ZD5US TREASURY NOTES DTD 03/15/2020 0.500% 03/15/2023 1.66 0.96 (88,228.44)(279,101.81) 5,050,781.00 101.02 CITIGRP 5,000,000.00 9128284L1US TREASURY NOTES DTD 04/30/2018 2.750% 04/30/2023 1.80 1.06 (71,190.93)(142,460.94) 3,487,968.75 99.66 NOMURA 3,500,000.00 912828R69US TREASURY NOTES DTD 05/31/2016 1.625% 05/31/2023 1.92 1.16 (136,093.75)(146,250.00) 6,372,031.25 98.03 WELLS_F 6,500,000.00 912828ZU7US TREASURY NOTES DTD 06/15/2020 0.250% 06/15/2023 1.91 1.21 (145,239.68)(142,031.25) 5,848,125.00 97.47 MERRILL 6,000,000.00 91282CCN9US TREASURY N/B NOTES DTD 07/31/2021 0.125% 07/31/2023 2.05 1.34 (127,305.89)(123,046.88) 4,868,750.00 97.38 HSBC 5,000,000.00 91282CAF8US TREASURY NOTES DTD 08/15/2020 0.125% 08/15/2023 2.07 1.38 (136,206.55)(130,664.06) 4,857,812.50 97.16 NOMURA 5,000,000.00 91282CAK7US TREASURY NOTES DTD 09/15/2020 0.125% 09/15/2023 2.12 1.46 (54,663.12)(54,453.03) 1,944,687.60 97.23 NOMURA 2,000,000.00 91282CDA6US TREASURY NOTES DTD 09/30/2021 0.250% 09/30/2023 2.13 1.50 (153,458.56)(150,000.00) 5,833,125.00 97.22 CITIGRP 6,000,000.00 91282CDD0US TREASURY N/B NOTES DTD 10/31/2021 0.375% 10/31/2023 2.17 1.58 (88,973.73)(88,730.47) 3,409,218.75 97.41 JPM_CHA 3,500,000.00 91282CDR9US TREASURY N/B NOTES DTD 12/31/2021 0.750% 12/31/2023 2.27 1.74 (118,467.16)(116,992.19) 4,870,312.50 97.41 CITIGRP 5,000,000.00 91282CDR9US TREASURY N/B NOTES DTD 12/31/2021 0.750% 12/31/2023 2.27 1.74 (328,463.52)(592,812.50) 8,007,500.00 100.09 RBS 8,000,000.00 9128286G0US TREASURY NOTES DTD 02/28/2019 2.375% 02/29/2024 2.32 1.88 (160,873.89)(250,225.78) 3,586,757.81 99.22 MORGAN_ 3,615,000.00 912828X70US TREASURY NOTES DTD 05/01/2017 2.000% 04/30/2024 2.39 2.03 (66,336.56)(62,937.60) 1,815,984.28 95.58 CITIGRP 1,900,000.00 91282CCC3US TREASURY N/B NOTES DTD 05/15/2021 0.250% 05/15/2024 2.40 2.12 Account 73340000 Page 15 Page 47 For the Month Ending March 31, 2022Managed Account Fair Market Value & Analytics CITY OF RANCHO CUCAMONGA - Value On Cost Amort CostCUSIPBrokerDate PriceDated Date/Coupon/Maturity Par at Mkt Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective Duration U.S. Treasury Bond / Note (233,279.66)(234,765.63) 4,771,875.00 95.44 NOMURA 5,000,000.00 91282CCL3US TREASURY N/B NOTES DTD 07/15/2021 0.375% 07/15/2024 2.43 2.28 (287,458.42)(413,732.81) 5,581,406.25 98.44 WELLS_F 5,670,000.00 912828Y87US TREASURY NOTES DTD 07/31/2019 1.750% 07/31/2024 2.44 2.29 (187,606.00)(186,874.80) 3,809,375.20 95.23 NOMURA 4,000,000.00 91282CCT6US TREASURY N/B NOTES DTD 08/15/2021 0.375% 08/15/2024 2.45 2.37 (118,276.67)(144,784.97) 2,181,157.81 97.16 BNP_PAR 2,245,000.00 912828YE4US TREASURY NOTES DTD 08/31/2019 1.250% 08/31/2024 2.47 2.38 (65,751.47)(64,914.06) 1,330,000.00 95.00 MERRILL 1,400,000.00 91282CCX7US TREASURY N/B NOTES DTD 09/15/2021 0.375% 09/15/2024 2.49 2.45 (317,402.21)(479,384.27) 5,596,488.00 99.14 CITIGRP 5,645,000.00 9128282Y5US TREASURY NOTES DTD 10/02/2017 2.125% 09/30/2024 2.48 2.45 (137,735.66)(178,124.88) 2,438,672.00 97.55 CITIGRP 2,500,000.00 912828YM6US TREASURY NOTES DTD 10/31/2019 1.500% 10/31/2024 2.49 2.53 (288,929.36)(369,531.25) 4,870,312.50 97.41 NOMURA 5,000,000.00 912828YV6US TREASURY NOTES DTD 11/30/2019 1.500% 11/30/2024 2.51 2.61 (39,538.95)(41,210.94) 980,000.00 98.00 MORGAN_ 1,000,000.00 912828YY0US TREASURY NOTES DTD 12/31/2019 1.750% 12/31/2024 2.51 2.69 (398,190.06)(624,375.00) 6,039,375.00 100.66 MERRILL 6,000,000.00 9128283Z1US TREASURY NOTES DTD 02/28/2018 2.750% 02/28/2025 2.51 2.82 (172,283.90)(178,320.31) 2,591,015.63 94.22 MORGAN_ 2,750,000.00 912828ZF0US TREASURY NOTES DTD 03/31/2020 0.500% 03/31/2025 2.51 2.98 (79,580.40)(75,550.89) 1,966,453.02 93.64 NOMURA 2,100,000.00 912828ZL7US TREASURY NOTES DTD 04/30/2020 0.375% 04/30/2025 2.53 3.06 (312,643.13)(307,090.07) 4,171,640.40 92.70 BNP_PAR 4,500,000.00 91282CAB7US TREASURY NOTES DTD 07/31/2020 0.250% 07/31/2025 2.54 3.32 (478,803.37)(467,031.60) 6,489,218.40 92.70 JPM_CHA 7,000,000.00 91282CAB7US TREASURY NOTES DTD 07/31/2020 0.250% 07/31/2025 2.54 3.32 (65,078.66)(59,882.81) 2,773,125.00 92.44 NOMURA 3,000,000.00 91282CAZ4US TREASURY NOTES DTD 11/30/2020 0.375% 11/30/2025 2.55 3.64 (248,468.99)(236,285.35) 3,600,796.68 92.33 HSBC 3,900,000.00 91282CBC4US TREASURY NOTES DTD 12/31/2020 0.375% 12/31/2025 2.53 3.72 (268,551.22)(257,605.48) 3,819,228.70 92.14 CITIGRP 4,145,000.00 91282CBH3US TREASURY NOTES DTD 01/31/2021 0.375% 01/31/2026 2.54 3.81 Account 73340000 Page 16 Page 48 For the Month Ending March 31, 2022Managed Account Fair Market Value & Analytics CITY OF RANCHO CUCAMONGA - Value On Cost Amort CostCUSIPBrokerDate PriceDated Date/Coupon/Maturity Par at Mkt Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective Duration U.S. Treasury Bond / Note (396,698.47)(384,140.93) 5,528,437.20 92.14 RBS 6,000,000.00 91282CBH3US TREASURY NOTES DTD 01/31/2021 0.375% 01/31/2026 2.54 3.81 (179,463.12)(173,802.87) 2,450,007.68 92.45 CITIGRP 2,650,000.00 91282CBQ3US TREASURY NOTES DTD 02/28/2021 0.500% 02/28/2026 2.54 3.88 (181,348.30)(176,132.81) 2,797,500.00 93.25 NOMURA 3,000,000.00 91282CBT7US TREASURY N/B NOTES DTD 03/31/2021 0.750% 03/31/2026 2.54 3.95 (104,015.13)(103,684.39) 3,401,074.40 96.48 CITIGRP 3,525,000.00 912828R36US TREASURY NOTES DTD 05/16/2016 1.625% 05/15/2026 2.53 3.98 (68,682.66)(64,687.50) 2,790,000.00 93.00 JPM_CHA 3,000,000.00 91282CCF6US TREASURY N/B NOTES DTD 05/31/2021 0.750% 05/31/2026 2.53 4.10 (415,860.68)(413,656.25) 5,673,000.00 93.00 RBC 6,100,000.00 91282CCF6US TREASURY N/B NOTES DTD 05/31/2021 0.750% 05/31/2026 2.53 4.10 (142,199.29)(140,390.63) 1,845,625.00 92.28 CITIGRP 2,000,000.00 91282CCP4US TREASURY N/B NOTES DTD 07/31/2021 0.625% 07/31/2026 2.51 4.28 (224,647.22)(223,593.75) 2,768,437.50 92.28 CITIGRP 3,000,000.00 91282CCP4US TREASURY N/B NOTES DTD 07/31/2021 0.625% 07/31/2026 2.51 4.28 (21,507.63)(21,328.13) 376,250.00 94.06 CITIGRP 400,000.00 91282CDG3US TREASURY N/B NOTES DTD 10/31/2021 1.125% 10/31/2026 2.50 4.45 (164,227.33)(164,766.21) 2,738,489.06 94.59 NOMURA 2,895,000.00 91282CDK4US TREASURY N/B NOTES DTD 11/30/2021 1.250% 11/30/2026 2.48 4.52 (81,706.10)(81,313.39) 1,535,371.18 94.48 JPM_CHA 1,625,000.00 91282CDQ1US TREASURY N/B NOTES DTD 12/31/2021 1.250% 12/31/2026 2.49 4.61 (8,910,618.99) 2.31 (7,525,582.34) 167,291,966.02 173,525,000.00 Security Type Sub-Total 2.48 Supra-National Agency Bond / Note (30,733.15)(29,021.09) 1,712,366.76 98.13 TD 1,745,000.00 459058JV6INTL BK OF RECON AND DEV NOTE DTD 04/20/2021 0.126% 04/20/2023 1.92 1.06 (44,398.07)(43,033.20) 1,363,935.30 96.73 TD 1,410,000.00 459058JM6INTL BK RECON & DEVELOP NOTES DTD 11/24/2020 0.250% 11/24/2023 2.28 1.65 (177,394.78)(176,913.07) 3,575,308.23 95.21 JPM_CHA 3,755,000.00 4581X0DZ8INTER-AMERICAN DEVEL BK NOTES DTD 09/23/2021 0.500% 09/23/2024 2.50 2.47 Account 73340000 Page 17 Page 49 For the Month Ending March 31, 2022Managed Account Fair Market Value & Analytics CITY OF RANCHO CUCAMONGA - Value On Cost Amort CostCUSIPBrokerDate PriceDated Date/Coupon/Maturity Par at Mkt Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective Duration Supra-National Agency Bond / Note (89,915.72)(110,817.00) 1,466,133.00 97.74 MORGAN_ 1,500,000.00 4581X0DK1INTER-AMERICAN DEVELOPMENT BANK NOTES DTD 01/16/2020 1.750% 03/14/2025 2.55 2.89 (359,784.36) 2.35 (342,441.72) 8,117,743.29 8,410,000.00 Security Type Sub-Total 2.11 Municipal Bond / Note (19.00)(1,970.00) 500,330.00 100.07 NEW ACC 500,000.00 799055QR2SAN MATEO-FOSTER SCH DIST, CA TXBL GO BO DTD 05/19/2020 1.162% 08/01/2022 0.96 0.34 (7,175.18)(9,150.00) 494,235.00 98.85 NEW ACC 500,000.00 799055QS0SAN MATEO-FOSTER SCH DIST, CA TXBL GO BO DTD 05/19/2020 1.266% 08/01/2023 2.15 1.33 (11,120.00) 1.55 (7,194.18) 994,565.00 1,000,000.00 Security Type Sub-Total 0.83 Federal Agency Bond / Note (96,170.68)(96,817.02) 4,164,375.78 97.76 MORGAN_ 4,260,000.00 3135G05G4FANNIE MAE NOTES DTD 07/10/2020 0.250% 07/10/2023 2.04 1.28 (129,225.15)(130,723.20) 4,672,204.80 97.34 KEYBANC 4,800,000.00 3137EAEW5FREDDIE MAC NOTES DTD 09/04/2020 0.250% 09/08/2023 2.14 1.44 (51,779.34)(51,064.60) 1,647,405.40 96.91 CITIGRP 1,700,000.00 3137EAEZ8FREDDIE MAC NOTES DTD 11/05/2020 0.250% 11/06/2023 2.23 1.60 (138,940.06)(136,690.40) 4,258,293.60 96.78 NOMURA 4,400,000.00 3135G06H1FANNIE MAE NOTES DTD 11/25/2020 0.250% 11/27/2023 2.24 1.65 (187,240.64)(189,590.65) 2,712,212.60 93.69 NEW ACC 2,895,000.00 3135G04Z3FANNIE MAE NOTES DTD 06/19/2020 0.500% 06/17/2025 2.56 3.19 (327,813.05)(333,495.00) 4,684,305.00 93.69 HSBC 5,000,000.00 3135G04Z3FANNIE MAE NOTES DTD 06/19/2020 0.500% 06/17/2025 2.56 3.19 (194,889.42)(197,325.00) 2,809,785.00 93.66 NEW ACC 3,000,000.00 3133ELR71FEDERAL FARM CREDIT BANK NOTES DTD 07/02/2020 0.500% 07/02/2025 2.54 3.23 (154,571.49)(154,232.50) 2,344,767.50 93.79 07/21/22NEW ACC 2,500,000.00 3136G4ZJ5FANNIE MAE NOTES (CALLABLE) DTD 07/21/2020 0.625% 07/21/2025 2.60 0.32 Account 73340000 Page 18 Page 50 For the Month Ending March 31, 2022Managed Account Fair Market Value & Analytics CITY OF RANCHO CUCAMONGA - Value On Cost Amort CostCUSIPBrokerDate PriceDated Date/Coupon/Maturity Par at Mkt Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective Duration Federal Agency Bond / Note (132,250.90)(128,894.00) 1,859,606.00 92.98 NOMURA 2,000,000.00 3135G05X7FANNIE MAE NOTES DTD 08/27/2020 0.375% 08/25/2025 2.54 3.38 (160,159.51)(158,060.60) 2,135,016.40 92.83 CITIGRP 2,300,000.00 3137EAEX3FREDDIE MAC NOTES DTD 09/25/2020 0.375% 09/23/2025 2.54 3.46 (94,556.35)(93,925.08) 1,293,795.32 93.08 BMO 1,390,000.00 3135G06G3FANNIE MAE NOTES DTD 11/12/2020 0.500% 11/07/2025 2.52 3.57 (307,405.05)(305,919.00) 4,188,546.00 93.08 JEFFERI 4,500,000.00 3135G06G3FANNIE MAE NOTES DTD 11/12/2020 0.500% 11/07/2025 2.52 3.57 (1,976,737.05) 2.39 (1,975,001.64) 36,770,313.40 38,745,000.00 Security Type Sub-Total 2.40 Corporate Note 35,165.80 65,311.74 3,413,885.94 100.70 NEW ACC 3,390,000.00 037833AK6APPLE INC GLOBAL NOTES DTD 05/03/2013 2.400% 05/03/2023 1.74 1.07 (21,349.22)(24,334.56) 1,420,403.04 98.64 NEW ACC 1,440,000.00 037833DV9APPLE INC CORPORATE NOTES DTD 05/11/2020 0.750% 05/11/2023 1.99 1.11 29,699.74 17,262.00 3,036,402.00 101.21 12/09/23NEW ACC 3,000,000.00 037833CG3APPLE INC (CALLABLE) BONDS DTD 02/09/2017 3.000% 02/09/2024 2.33 1.66 (21,668.39)(21,554.28) 638,115.72 96.68 02/18/24CSFB 660,000.00 808513BN4CHARLES SCHWAB CORP NOTES (CALLABLE) DTD 03/18/2021 0.750% 03/18/2024 2.49 1.87 (56,208.99)(55,581.00) 1,397,294.70 96.03 JPM_CHA 1,455,000.00 023135BW5AMAZON.COM INC CORPORATE NOTES DTD 05/12/2021 0.450% 05/12/2024 2.38 2.10 (60,821.32)(69,207.00) 1,717,548.00 99.57 06/30/24MORGAN_ 1,725,000.00 025816CG2AMERICAN EXPRESS CO CORP NOTES (CALLABLE DTD 07/30/2019 2.500% 07/30/2024 2.69 2.19 (20,766.24)(20,766.24) 419,233.76 95.28 08/12/22DEUTSCH 440,000.00 904764BN6UNILEVER CAPITAL CORP (CALLABLE) CORPORA DTD 08/12/2021 0.626% 08/12/2024 2.70 0.37 (23,740.49)(23,730.68) 491,222.97 95.38 GOLDMAN 515,000.00 05565EBU8BMW US CAPITAL LLC CORPORATE NOTES DTD 08/12/2021 0.750% 08/12/2024 2.78 2.35 (149,085.73)(196,835.00) 2,443,615.00 97.74 12/20/24US_BANC 2,500,000.00 90331HPL1US BANK NA CINCINNATI (CALLABLE) CORPORA DTD 01/21/2020 2.050% 01/21/2025 2.89 2.65 Account 73340000 Page 19 Page 51 For the Month Ending March 31, 2022Managed Account Fair Market Value & Analytics CITY OF RANCHO CUCAMONGA - Value On Cost Amort CostCUSIPBrokerDate PriceDated Date/Coupon/Maturity Par at Mkt Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective Duration Corporate Note (167,839.08)(218,580.00) 2,926,170.00 97.54 01/14/25US_BANC 3,000,000.00 66989HAP3NOVARTIS CAPITAL CORP DTD 02/14/2020 1.750% 02/14/2025 2.65 2.73 (27,118.16)(27,118.16) 582,881.84 95.55 02/16/24JPM_CHA 610,000.00 46647PBY1JPMORGAN CHASE & CO CORP NOTES (CALLABLE DTD 02/16/2021 0.563% 02/16/2025 2.16 1.87 (75,534.10)(108,232.00) 1,606,632.00 100.41 12/01/24MERRILL 1,600,000.00 539830BE8LOCKHEED MARTIN CORP NOTES (CALLABLE) DTD 02/20/2015 2.900% 03/01/2025 2.75 2.58 (60,351.25)(60,351.25) 2,954,648.75 98.00 02/10/25DEUTSCH 3,015,000.00 771196BT8ROCHE HOLDINGS INC (CALLABLE) CORPORATE DTD 03/10/2022 2.132% 03/10/2025 2.85 2.79 (89,016.71)(130,619.20) 1,626,676.80 101.67 03/15/25SUSQ 1,600,000.00 369550BG2GENERAL DYNAMICS CORP (CALLABLE) CORP NO DTD 05/11/2018 3.500% 05/15/2025 2.94 2.80 (75,158.96)(75,369.00) 1,426,176.00 95.08 11/03/24MORGAN_ 1,500,000.00 172967ND9CITIGROUP INC CORP NOTE (CALLABLE) DTD 11/03/2021 1.281% 11/03/2025 2.73 2.54 (127,266.87)(127,035.52) 1,556,970.33 92.40 12/28/25MITSU 1,685,000.00 06406RAQ0BANK OF NY MELLON CORP (CALLABLE) CORPOR DTD 01/28/2021 0.750% 01/28/2026 2.86 3.69 (9,793.85)(9,793.85) 295,206.15 96.79 GOLDMAN 305,000.00 857477BR3STATE STREET CORP CORPORATE NOTES DTD 02/07/2022 1.746% 02/06/2026 2.63 3.73 (133,387.47)(134,255.90) 1,769,620.10 93.14 MERRILL 1,900,000.00 38141GXS8GOLDMAN SACHS GROUP INC CORPORATE NOTES DTD 02/12/2021 0.855% 02/12/2026 2.74 3.80 (131,974.00)(152,773.40) 1,692,088.35 101.02 MORGAN_ 1,675,000.00 459200JZ5IBM CORP DTD 05/15/2019 3.300% 05/15/2026 3.03 3.85 (122,937.37)(124,062.22) 1,560,033.03 93.14 04/28/26MORGAN_ 1,675,000.00 04636NAA1ASTRAZENECA FINANCE LLC (CALLABLE) CORP DTD 05/28/2021 1.200% 05/28/2026 2.97 3.97 (80,069.76)(79,787.63) 1,022,759.27 92.56 JPM_CHA 1,105,000.00 89236TJK2TOYOTA MOTOR CREDIT CORP CORPORATE NOTES DTD 06/18/2021 1.125% 06/18/2026 3.02 4.11 (66,620.23)(71,997.00) 990,323.00 99.03 SUSQ 1,000,000.00 61761J3R8MORGAN STANLEY CORP NOTES DTD 07/25/2016 3.125% 07/27/2026 3.37 4.06 Account 73340000 Page 20 Page 52 For the Month Ending March 31, 2022Managed Account Fair Market Value & Analytics CITY OF RANCHO CUCAMONGA - Value On Cost Amort CostCUSIPBrokerDate PriceDated Date/Coupon/Maturity Par at Mkt Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective Duration Corporate Note (122,399.97)(120,400.00) 1,850,340.00 92.52 RBC 2,000,000.00 02665WDZ1AMERICAN HONDA FINANCE CORPORATE NOTES DTD 09/09/2021 1.300% 09/09/2026 3.12 4.32 (115,459.52)(113,254.00) 1,854,386.00 92.72 LOOP 2,000,000.00 14913R2Q9CATERPILLAR FINL SERVICE CORPORATE NOTES DTD 09/14/2021 1.150% 09/14/2026 2.90 4.35 (59,242.75)(64,283.00) 993,257.00 99.33 07/01/26SUSQ 1,000,000.00 46625HRV4JPMORGAN CHASE & CO CORP NOTES DTD 07/21/2016 2.950% 10/01/2026 3.11 3.97 (99,834.37)(99,352.00) 1,889,368.00 94.47 JPM_CHA 2,000,000.00 24422EWA3JOHN DEERE CAPITAL CORP CORPORATE NOTES DTD 01/10/2022 1.700% 01/11/2027 2.95 4.59 (11,433.01)(11,410.76) 342,985.74 96.62 CITIGRP 355,000.00 87612EBM7TARGET CORP CORPORATE NOTES DTD 01/24/2022 1.950% 01/15/2027 2.71 4.58 (42,011.71)(40,801.60) 1,471,102.40 91.94 02/01/27MORGAN_ 1,600,000.00 438516CE4HONEYWELL INTERNATIONAL (CALLABLE) CORP DTD 08/16/2021 1.100% 03/01/2027 2.87 4.71 (2,421.16)(2,087.40) 1,947,720.60 92.75 03/02/26GOLDMAN 2,100,000.00 89788MAD4TRUIST FINANCIAL CORP NOTES (CALLABLE) DTD 03/02/2021 1.267% 03/02/2027 2.86 3.83 (2,100,998.91) 2.70 (1,908,645.14) 45,337,066.49 46,850,000.00 Security Type Sub-Total 2.97 Certificate of Deposit - FDIC Insured 2,060.21 2,060.21 247,060.21 100.84 NEW ACC 245,000.00 949763S64WELLS FARGO BANK NA DTD 01/29/2020 1.900% 01/30/2023 0.88 0.82 1,967.84 1,967.84 246,967.84 100.80 NEW ACC 245,000.00 61760A6Q7MORGAN STANLEY PVT BANK DTD 01/30/2020 1.850% 01/30/2023 0.88 0.83 (7,613.37)(7,613.37) 237,386.63 96.89 NEW ACC 245,000.00 29278TQD5ENERBANK USA DTD 07/24/2020 0.450% 07/24/2024 1.82 2.30 (12,344.57)(12,344.57) 232,655.43 94.96 NEW ACC 245,000.00 169894AT9CHIPPEWA VALLEY BANK DTD 07/29/2020 0.500% 07/29/2025 2.07 3.30 (11,960.41)(11,960.41) 233,039.59 95.12 NEW ACC 245,000.00 58404DHQ7MEDALLION BANK UTAH DTD 07/30/2020 0.550% 07/30/2025 2.07 3.30 (27,890.30) 1.53 (27,890.30) 1,197,109.70 1,225,000.00 Security Type Sub-Total 2.08 Account 73340000 Page 21 Page 53 For the Month Ending March 31, 2022Managed Account Fair Market Value & Analytics CITY OF RANCHO CUCAMONGA - Value On Cost Amort CostCUSIPBrokerDate PriceDated Date/Coupon/Maturity Par at Mkt Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective Duration Asset-Backed Security (1,701.65)(1,694.45) 178,287.35 99.05 MITSU 180,000.00 58770GAC4MBALT 2021-A A3 DTD 01/27/2021 0.250% 01/16/2024 0.78 0.70 (5,745.24)(5,738.12) 274,238.58 97.94 SOCGEN 280,000.00 44891TAD8HALST 2021-A A4 DTD 01/20/2021 0.420% 12/16/2024 1.19 1.10 (11,140.56)(11,119.16) 503,803.08 97.83 RBC 515,000.00 36261RAD0GMALT 2021-1 A4 DTD 02/24/2021 0.330% 02/20/2025 1.09 1.22 (11,617.67)(11,615.11) 518,375.19 97.81 JPM_CHA 530,000.00 43813GAC5HAROT 2021-1 A3 DTD 02/24/2021 0.270% 04/21/2025 1.00 0.98 (13,831.83)(13,819.84) 526,123.35 97.43 BARCLAY 540,000.00 44933LAC7HART 2021-A A3 DTD 04/28/2021 0.380% 09/15/2025 1.14 1.27 (7,310.67)(7,295.62) 367,644.68 98.04 DEUTSCH 375,000.00 36261LAC5GMCAR 2021-1 A3 DTD 01/20/2021 0.350% 10/16/2025 0.91 0.98 (47,273.61)(47,268.13) 877,697.00 94.89 MITSU 925,000.00 50117XAE2KCOT 2021-2A A3 DTD 07/28/2021 0.560% 11/17/2025 2.02 2.02 (2,922.71)(2,917.01) 117,059.28 97.55 MITSU 120,000.00 14316NAC3CARMX 2021-1 A3 DTD 01/27/2021 0.340% 12/15/2025 1.01 1.00 (23,436.99)(23,423.76) 721,419.19 96.83 MERRILL 745,000.00 43815GAC3HAROT 2021-4 A3 DTD 11/24/2021 0.880% 01/21/2026 1.74 1.92 (18,586.49)(18,552.33) 791,273.12 97.69 MERRILL 810,000.00 14314QAC8CARMX 2021-2 A3 DTD 04/21/2021 0.520% 02/17/2026 1.13 1.11 (45,440.68)(45,405.81) 1,484,342.51 97.02 RBC 1,530,000.00 14317DAC4CARMX 2021-3 A3 DTD 07/28/2021 0.550% 06/15/2026 1.28 1.49 (35,199.71)(35,197.06) 989,762.76 96.56 WELLS_F 1,025,000.00 92868KAC7VALET 2021-1 A3 DTD 12/13/2021 1.020% 06/22/2026 1.87 1.90 (18,358.75)(18,358.20) 1,481,584.05 98.77 MERRILL 1,500,000.00 448977AD0HART 2022-A A3 DTD 03/16/2022 2.220% 10/15/2026 2.51 2.21 (15,173.43)(15,171.41) 554,779.06 97.33 BNP_PAR 570,000.00 380146AC4GMCAR 2022-1 A3 DTD 01/19/2022 1.260% 11/16/2026 1.86 2.13 (78,854.76)(78,837.46) 1,785,905.54 95.76 BARCLAY 1,865,000.00 14041NFY2COMET 2021-A3 A3 DTD 11/30/2021 1.040% 11/16/2026 2.00 2.56 (336,413.47) 1.66 (336,594.75) 11,172,294.74 11,510,000.00 Security Type Sub-Total 1.78 Account 73340000 Page 22 Page 54 For the Month Ending March 31, 2022Managed Account Fair Market Value & Analytics CITY OF RANCHO CUCAMONGA - Value On Cost Amort CostCUSIPBrokerDate PriceDated Date/Coupon/Maturity Par at Mkt Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective Duration 281,265,000.00 270,881,058.64 (13,723,563.08) (12,123,350.07) 2.35 Managed Account Sub-Total 2.50 Total Investments $271,470,256.40 $589,197.76 $270,881,058.64 Accrued Interest Securities Sub-Total $281,265,000.00 ($13,723,563.08) ($12,123,350.07) 2.35% 2.50 Account 73340000 Page 23 Page 55 For the Month Ending March 31, 2022Managed Account Security Transactions & Interest CITY OF RANCHO CUCAMONGA - Transaction Type Trade CUSIPSecurity DescriptionSettle Par Proceeds Principal Accrued Interest Total Cost Realized G/L Realized G/L Sale Amort Cost Method BUY 03/07/22 US TREASURY NOTES DTD 05/16/2016 1.625% 05/15/2026 912828R36 (3,504,758.79)(17,722.38)(3,522,481.17) 3,525,000.00 03/03/22 03/07/22 HONEYWELL INTERNATIONAL (CALLABLE) CORP DTD 08/16/2021 1.100% 03/01/2027 438516CE4 (1,511,904.00)(293.33)(1,512,197.33) 1,600,000.00 03/03/22 03/10/22 ROCHE HOLDINGS INC (CALLABLE) CORPORATE DTD 03/10/2022 2.132% 03/10/2025 771196BT8 (3,015,000.00) 0.00 (3,015,000.00) 3,015,000.00 03/03/22 03/16/22 HART 2022-A A3 DTD 03/16/2022 2.220% 10/15/2026 448977AD0 (1,499,942.25) 0.00 (1,499,942.25) 1,500,000.00 03/09/22 03/28/22 TRUIST FINANCIAL CORP NOTES (CALLABLE) DTD 03/02/2021 1.267% 03/02/2027 89788MAD4 (1,949,808.00)(1,921.62)(1,951,729.62) 2,100,000.00 03/24/22 (19,937.33) (11,501,350.37)(11,481,413.04) 11,740,000.00 Transaction Type Sub-Total INTEREST 03/01/22 LOCKHEED MARTIN CORP NOTES (CALLABLE) DTD 02/20/2015 2.900% 03/01/2025 539830BE8 0.00 23,200.00 23,200.00 1,600,000.00 03/01/22 03/08/22 FREDDIE MAC NOTES DTD 09/04/2020 0.250% 09/08/2023 3137EAEW5 0.00 6,000.00 6,000.00 4,800,000.00 03/08/22 03/09/22 AMERICAN HONDA FINANCE CORPORATE NOTES DTD 09/09/2021 1.300% 09/09/2026 02665WDZ1 0.00 13,000.00 13,000.00 2,000,000.00 03/09/22 03/14/22 INTER-AMERICAN DEVELOPMENT BANK NOTES DTD 01/16/2020 1.750% 03/14/2025 4581X0DK1 0.00 13,125.00 13,125.00 1,500,000.00 03/14/22 03/14/22 CATERPILLAR FINL SERVICE CORPORATE NOTES DTD 09/14/2021 1.150% 09/14/2026 14913R2Q9 0.00 11,500.00 11,500.00 2,000,000.00 03/14/22 03/15/22 CARMX 2021-3 A3 DTD 07/28/2021 0.550% 06/15/2026 14317DAC4 0.00 701.25 701.25 1,530,000.00 03/15/22 03/15/22 HALST 2021-A A4 DTD 01/20/2021 0.420% 12/16/2024 44891TAD8 0.00 98.00 98.00 280,000.00 03/15/22 Account 73340000 Page 24 Page 56 For the Month Ending March 31, 2022Managed Account Security Transactions & Interest CITY OF RANCHO CUCAMONGA - Transaction Type Trade CUSIPSecurity DescriptionSettle Par Proceeds Principal Accrued Interest Total Cost Realized G/L Realized G/L Sale Amort Cost Method INTEREST 03/15/22 US TREASURY N/B NOTES DTD 09/15/2021 0.375% 09/15/2024 91282CCX7 0.00 2,625.00 2,625.00 1,400,000.00 03/15/22 03/15/22 US TREASURY NOTES DTD 03/15/2020 0.500% 03/15/2023 912828ZD5 0.00 12,500.00 12,500.00 5,000,000.00 03/15/22 03/15/22 MBALT 2021-A A3 DTD 01/27/2021 0.250% 01/16/2024 58770GAC4 0.00 37.50 37.50 180,000.00 03/15/22 03/15/22 US TREASURY NOTES DTD 09/15/2020 0.125% 09/15/2023 91282CAK7 0.00 3,125.00 3,125.00 5,000,000.00 03/15/22 03/15/22 CARMX 2021-1 A3 DTD 01/27/2021 0.340% 12/15/2025 14316NAC3 0.00 34.00 34.00 120,000.00 03/15/22 03/15/22 HART 2021-A A3 DTD 04/28/2021 0.380% 09/15/2025 44933LAC7 0.00 171.00 171.00 540,000.00 03/15/22 03/15/22 KCOT 2021-2A A3 DTD 07/28/2021 0.560% 11/17/2025 50117XAE2 0.00 431.67 431.67 925,000.00 03/15/22 03/15/22 CARMX 2021-2 A3 DTD 04/21/2021 0.520% 02/17/2026 14314QAC8 0.00 351.00 351.00 810,000.00 03/15/22 03/15/22 COMET 2021-A3 A3 DTD 11/30/2021 1.040% 11/16/2026 14041NFY2 0.00 1,616.33 1,616.33 1,865,000.00 03/15/22 03/16/22 GMCAR 2022-1 A3 DTD 01/19/2022 1.260% 11/16/2026 380146AC4 0.00 598.50 598.50 570,000.00 03/16/22 03/16/22 GMCAR 2021-1 A3 DTD 01/20/2021 0.350% 10/16/2025 36261LAC5 0.00 109.38 109.38 375,000.00 03/16/22 03/18/22 CHARLES SCHWAB CORP NOTES (CALLABLE) DTD 03/18/2021 0.750% 03/18/2024 808513BN4 0.00 2,475.00 2,475.00 660,000.00 03/18/22 03/20/22 GMALT 2021-1 A4 DTD 02/24/2021 0.330% 02/20/2025 36261RAD0 0.00 141.63 141.63 515,000.00 03/20/22 03/20/22 VALET 2021-1 A3 DTD 12/13/2021 1.020% 06/22/2026 92868KAC7 0.00 871.25 871.25 1,025,000.00 03/20/22 03/21/22 HAROT 2021-4 A3 DTD 11/24/2021 0.880% 01/21/2026 43815GAC3 0.00 546.33 546.33 745,000.00 03/21/22 03/21/22 HAROT 2021-1 A3 DTD 02/24/2021 0.270% 04/21/2025 43813GAC5 0.00 119.25 119.25 530,000.00 03/21/22 Account 73340000 Page 25 Page 57 For the Month Ending March 31, 2022Managed Account Security Transactions & Interest CITY OF RANCHO CUCAMONGA - Transaction Type Trade CUSIPSecurity DescriptionSettle Par Proceeds Principal Accrued Interest Total Cost Realized G/L Realized G/L Sale Amort Cost Method INTEREST 03/23/22 FREDDIE MAC NOTES DTD 09/25/2020 0.375% 09/23/2025 3137EAEX3 0.00 4,312.50 4,312.50 2,300,000.00 03/23/22 03/23/22 INTER-AMERICAN DEVEL BK NOTES DTD 09/23/2021 0.500% 09/23/2024 4581X0DZ8 0.00 9,387.50 9,387.50 3,755,000.00 03/23/22 03/24/22 ENERBANK USA DTD 07/24/2020 0.450% 07/24/2024 29278TQD5 0.00 84.58 84.58 245,000.00 03/24/22 03/29/22 WELLS FARGO BANK NA DTD 01/29/2020 1.900% 01/30/2023 949763S64 0.00 369.85 369.85 245,000.00 03/29/22 03/29/22 CHIPPEWA VALLEY BANK DTD 07/29/2020 0.500% 07/29/2025 169894AT9 0.00 97.33 97.33 245,000.00 03/29/22 03/30/22 MEDALLION BANK UTAH DTD 07/30/2020 0.550% 07/30/2025 58404DHQ7 0.00 110.75 110.75 245,000.00 03/30/22 03/31/22 US TREASURY N/B NOTES DTD 03/31/2021 0.750% 03/31/2026 91282CBT7 0.00 11,250.00 11,250.00 3,000,000.00 03/31/22 03/31/22 US TREASURY NOTES DTD 03/31/2020 0.500% 03/31/2025 912828ZF0 0.00 6,875.00 6,875.00 2,750,000.00 03/31/22 03/31/22 US TREASURY NOTES DTD 09/30/2021 0.250% 09/30/2023 91282CDA6 0.00 2,500.00 2,500.00 2,000,000.00 03/31/22 03/31/22 US TREASURY NOTES DTD 10/02/2017 2.125% 09/30/2024 9128282Y5 0.00 59,978.13 59,978.13 5,645,000.00 03/31/22 188,342.73 188,342.73 0.00 54,400,000.00 Transaction Type Sub-Total SELL 03/07/22 US TREASURY NOTES DTD 12/31/2015 2.125% 12/31/2022 912828N30 5,044,726.56 19,371.55 5,064,098.11 (160,351.57)(35,219.15)FIFO 5,000,000.00 03/03/22 03/07/22 US TREASURY NOTES DTD 01/31/2018 2.375% 01/31/2023 9128283U2 1,011,679.69 2,296.27 1,013,975.96 (36,250.00)(8,042.00)FIFO 1,000,000.00 03/03/22 03/07/22 US TREASURY NOTES DTD 11/15/2012 1.625% 11/15/2022 912828TY6 2,040,467.19 10,206.08 2,050,673.27 (49,957.02)(10,191.36)FIFO 2,030,000.00 03/03/22 03/16/22 US TREASURY NOTES DTD 02/29/2016 1.500% 02/28/2023 912828P79 1,504,335.94 978.26 1,505,314.20 (38,554.68)(15,282.44)FIFO 1,500,000.00 03/09/22 03/28/22 US TREASURY NOTES DTD 02/29/2016 1.500% 02/28/2023 912828P79 1,249,804.69 1,426.63 1,251,231.32 (35,937.50)(15,981.83)FIFO 1,250,000.00 03/24/22 Account 73340000 Page 26 Page 58 For the Month Ending March 31, 2022Managed Account Security Transactions & Interest CITY OF RANCHO CUCAMONGA - Transaction Type Trade CUSIPSecurity DescriptionSettle Par Proceeds Principal Accrued Interest Total Cost Realized G/L Realized G/L Sale Amort Cost Method 34,278.79 (84,716.78)(321,050.77) 10,885,292.86 10,851,014.07 10,780,000.00 Transaction Type Sub-Total (630,398.97) 202,684.19 (427,714.78) (321,050.77) (84,716.78)Managed Account Sub-Total Total Security Transactions ($321,050.77)($427,714.78)$202,684.19 ($630,398.97)($84,716.78) Account 73340000 Page 27 Page 59 Trustee and/orPurchase Maturity CostBond Issue/DescriptionPaying AgentAccount NameTrust Account #FundInvestmentDateDate*YieldValueCFD 2003-01 Improvement Area 1 (2013) Wells Fargo Reserve Fund 46571801 865 Money Market Fund 9/1/2013 N/A 0.01% 1,417,010.87$ Agency Project 46571807 614 Money Market Fund 9/1/2013 N/A 0.01% 77,816.29$ Cultural Center Fund 46571808 615 Money Market Fund 9/1/2013 N/A 0.01% 191,855.33$ Bond Fund 46571800 864 Money Market Fund 9/1/2013 N/A 0.01% 71.86$ Developer Project 46571806 614 Money Market Fund 9/1/2013 N/A 0.01% 98,098.28$ Special Tax 46571805 864 Money Market Fund 9/1/2013 N/A 0.01% 0.55$ 1,784,853.18$ CFD 2003-01 Improvement Area 2 (2013) Wells Fargo Bond Fund 46659800 866 Money Market Fund 12/1/2013 N/A 0.01% 6.77$ Reserve Fund 46659801 867 Money Market Fund 12/1/2013 N/A 0.01% 132,474.72$ Special Tax Fund 46659805 866 Money Market Fund 12/1/2013 N/A 0.01% 0.09$ 132,481.58$ 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% 60.73Reserve Fund 48436801 821 Money Market Fund N/A 0.01% 1,187,375.11Special Tax Fund 48436807 820 Money Market Fund N/A 1.05Project Fund 48436809 617 Money Market Fund N/A 44,983.551,232,420.44$ 2014 Rancho Summit Wells Fargo Cost of Issuance Fund 48709906 Money Market Fund N/A -$ Bond Fund 48709900 858 Money Market Fund N/A 1,289.80 Reserve Fund 48709901 859 Money Market Fund N/A 259,478.99 Sepcial Tax Fund 48709907 858 Money Market Fund N/A 0.20 Rebate Fund 48709908 Money Market Fund N/A - Redemption Fund 48709903 Money Market Fund N/A - Prepayment Fund 48709904 Money Market Fund N/A - 260,768.99$ 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 7,102,002.71 Acquisition and Construciton - Series B 82631606 711 Money Market Fund 2/28/2019 N/A 2,294,370.35 Cost of Issuance 82631607 711 Money Market Fund 2/28/2019 N/A - 9,396,375.93$ CFD No. 2000-01 South Etiwanda Union Bank Rancho Cucamonga 2015 CFD2000-1 AGY 6712140200 7/30/2015 N/A -$ Special Tax Fund 6712140201 852 Money Market Fund 7/30/2015 N/A 0.05 Bond Fund 6712140202 852 Money Market Fund 7/30/2015 N/A 0.06 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% 22,750.09 22,750.20$ City of Rancho Cucamonga Summary of Cash and Investments with Fiscal AgentsFor the Month Ended3/31/2022I:\FINANCE\SALINA\Fiscal Agent Stmts\FY 2021-22\03-2022\March 2022 Fiscal Agent Statements Workbook.xlsx Summary ReportPage 1&nbsp;&nbsp;Page 60 Trustee and/orPurchase Maturity CostBond Issue/DescriptionPaying AgentAccount NameTrust Account #FundInvestmentDateDate*YieldValueCity of Rancho Cucamonga Summary of Cash and Investments with Fiscal AgentsFor the Month Ended3/31/2022CFD 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 856 Money Market Fund 7/30/2015 N/A 0.51$ Bond Fund 6712140302 856 Money Market Fund 7/30/2015 N/A 0.46$ 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% 208,900.82 208,901.79$ 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 860 Money Market Fund 7/30/2015 N/A 0.51 Bond Fund 6712140402 860 Money Market Fund 7/30/2015 N/A 0.98 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% 303,539.44 303,540.93$ 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 862 Money Market Fund 7/30/2015 N/A 0.11 Bond Fund 6712140502 862 Money Market Fund 7/30/2015 N/A 0.03 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% 29,470.37 29,470.51$ 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 869 Money Market Fund 7/30/2015 N/A 6.15 Bond Fund 6712140602 869 Money Market Fund 7/30/2015 N/A 0.11 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% 130,467.31 130,473.57$ 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 871 Money Market Fund 7/30/2015 N/A 3.70 Bond Fund 6712140702 871 Money Market Fund 7/30/2015 N/A 0.08 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% 78,281.91 78,285.69$ 13,580,322.81 TOTAL CASH AND INVESTMENTS WITH FISCAL AGENTS13,580,322.81$ * 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\03-2022\March 2022 Fiscal Agent Statements Workbook.xlsx Summary ReportPage 2&nbsp;&nbsp;Page 61 Page 62 For the Month Ending March 31, 2022 Account Statement Consolidated Summary Statement RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Investment Allocation Investment Type Closing Market Value Percent 553,035.72 0.71 Asset-Backed Security 3,706,587.31 4.75 Corporate Note 470,426.22 0.60 Certificate of Deposit - FDIC Insured 2,628,058.14 3.37 Supra-National Agency Bond / Note 29,229,738.88 37.44 U.S. Treasury Bond / Note 40,852,008.86 52.31 Local Agency Investment Fund 638,779.40 0.82 Passbook/Checking Accounts $78,078,634.53 Total 100.00% Portfolio Summary and Income Closing Market ValuePortfolio Holdings Cash Dividends PFMAM Managed Account (27,501.43) 36,587,846.27 Local Agency Investment Fund 0.00 40,852,008.86 Passbook/Checking Accounts 0.00 638,779.40 ($27,501.43)$78,078,634.53 Total Maturity Distribution (Fixed Income Holdings) Portfolio Holdings Closing Market Value Percent 41,490,788.26 0.00 0.00 0.00 833,306.21 13,756,664.85 7,221,902.92 7,158,198.85 7,617,773.44 0.00 53.13 0.00 0.00 0.00 1.07 17.62 9.25 9.17 9.76 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 $78,078,634.53 456 100.00% Weighted Average Days to Maturity Sector Allocation 0.71% ABS 4.75% Corporate Note 0.60% Cert of Deposit - FDIC 3.37% Supra-National Agency Bond / Note 37.44% US TSY Bond / Note 52.31% Local Agency Investment Fund 0.82% Passbook/Checking Accounts Summary Page 1 Page 63 For the Month Ending March 31, 2022Managed Account Summary Statement CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - 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) $37,094,092.96 0.00 (1,629,447.66) 1,806,544.42 0.00 (683,343.45) $36,587,846.27 5,492.96 (4,442.25) (28,552.14) ($27,501.43) Total 38,063,877.11 123,040.85 1,630,298.21 0.00 4,642.41 (1,810,986.67) (37,926,702.24) (89,803.93) Total Accrual Basis Earnings ($5,634.26) 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 1,630,298.21 4,642.41 0.00 (1,810,986.67) 0.00 0.00 Cash Balance $6,162.45 Closing Cash Balance Account 73340100 Page 1 Page 64 For the Month Ending March 31, 2022Portfolio Summary and Statistics CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - Account Summary Percent Par Value Market ValueDescription U.S. Treasury Bond / Note 30,205,000.00 29,229,738.88 79.89 Supra-National Agency Bond / Note 2,810,000.00 2,628,058.14 7.18 Corporate Note 3,840,000.00 3,706,587.31 10.13 Certificate of Deposit - FDIC Insured 490,000.00 470,426.22 1.29 Asset-Backed Security 570,000.00 553,035.72 1.51 Managed Account Sub-Total 37,915,000.00 36,587,846.27 100.00% Accrued Interest 123,040.85 Total Portfolio 37,915,000.00 36,710,887.12 Unsettled Trades 0.00 0.00 Sector Allocation 1.51% ABS 1.29% Cert of Deposit - FDIC 10.13% Corporate Note 7.18% Supra-National Agency Bond / Note 79.89% 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% 2.28% 37.60% 19.74%19.56%20.82% 0.00% Maturity Distribution Characteristics Yield to Maturity at Cost Yield to Maturity at Market Weighted Average Days to Maturity 973 0.79% 2.36% Account 73340100 Page 2 Page 65 For the Month Ending March 31, 2022Managed Account Issuer Summary CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - Credit Quality (S&P Ratings) 2.30% A 0.28% A+ 3.72% A- 1.70% AA 79.89% AA+ 8.51% AAA 2.13% BBB+ 1.47% NR Issuer Summary Percentof HoldingsIssuer Market Value 351,413.63 0.96 AMAZON.COM INC 273,812.00 0.75 AMERICAN EXPRESS CO 185,034.00 0.51 AMERICAN HONDA FINANCE 139,704.45 0.38 ASTRAZENECA PLC 166,852.29 0.46 BANK OF AMERICA CO 268,918.93 0.73 BERKSHIRE HATHAWAY INC 172,366.22 0.47 CAPITAL ONE FINANCIAL CORP 170,262.48 0.47 CITIGROUP INC 188,936.80 0.52 DEERE & COMPANY 237,386.63 0.65 ENERBANK USA 58,397.80 0.16 GM FINANCIAL CONSUMER AUTOMOBILE TRUST 167,403.56 0.46 GOLDMAN SACHS GROUP INC 67,784.35 0.19 HONDA AUTO RECEIVABLES 257,442.92 0.70 HONEYWELL INTERNATIONAL 153,097.02 0.42 HYUNDAI AUTO RECEIVABLES 272,060.55 0.74 IBM CORP 347,533.29 0.95 INTER-AMERICAN DEVELOPMENT BANK 2,280,524.85 6.22 INTL BANK OF RECONSTRUCTION AND DEV 342,984.86 0.94 JP MORGAN CHASE & CO 233,039.59 0.64 MEDALLION BANK UTAH 167,942.28 0.46 MORGAN STANLEY 33,876.12 0.09 STATE STREET CORPORATION 178,739.05 0.49 TARGET CORP 184,331.60 0.50 THE BANK OF NEW YORK MELLON CORPORATION 101,813.14 0.28 TOYOTA MOTOR CORP 255,058.65 0.70 TRUIST FIN CORP 29,229,738.88 79.88 UNITED STATES TREASURY 101,390.33 0.28 VOLKSWAGEN OF AMERICA $36,587,846.27 Total 100.00% Account 73340100 Page 3 Page 66 For the Month Ending March 31, 2022Managed Account Detail of Securities Held CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - 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 MarketTrade Settle Par U.S. Treasury Bond / Note US TREASURY NOTES DTD 11/30/2020 0.125% 11/30/2022 833,306.21 840,072.09 351.92 840,164.06 05/26/2105/25/21AaaAA+ 840,000.00 91282CAX9 0.11 US TREASURY NOTES DTD 05/31/2016 1.625% 05/31/2023 1,494,843.75 1,516,829.87 8,169.64 1,520,156.25 01/07/2201/06/22AaaAA+ 1,500,000.00 912828R69 0.66 US TREASURY NOTES DTD 05/31/2018 2.750% 05/31/2023 2,317,232.81 2,364,151.27 21,153.09 2,414,591.02 05/26/2105/25/21AaaAA+ 2,295,000.00 9128284S6 0.16 US TREASURY NOTES DTD 06/30/2016 1.375% 06/30/2023 789,037.50 800,695.34 2,747.91 801,521.48 01/25/2201/24/22AaaAA+ 795,000.00 912828S35 0.80 US TREASURY N/B NOTES DTD 07/31/2021 0.125% 07/31/2023 974,687.50 998,894.12 207.18 998,359.38 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 773,261.68 794,072.46 86.41 793,695.70 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 772,889.06 793,222.32 1,251.80 792,764.06 11/03/2111/01/21AaaAA+ 795,000.00 91282CDD0 0.52 US TREASURY NOTES DTD 11/30/2018 2.875% 11/30/2023 2,283,306.25 2,359,573.56 21,777.34 2,410,342.97 05/26/2105/25/21AaaAA+ 2,260,000.00 9128285P1 0.22 US TREASURY N/B NOTES DTD 12/31/2021 0.750% 12/31/2023 1,948,125.00 1,995,511.87 3,770.72 1,994,921.88 01/07/2201/06/22AaaAA+ 2,000,000.00 91282CDR9 0.88 US TREASURY NOTES DTD 01/15/2021 0.125% 01/15/2024 962,343.80 991,279.05 262.43 989,492.19 11/18/2111/17/21AaaAA+ 1,000,000.00 91282CBE0 0.62 US TREASURY NOTES DTD 03/15/2021 0.250% 03/15/2024 1,440,937.50 1,479,763.57 173.23 1,477,382.81 01/07/2201/06/22AaaAA+ 1,500,000.00 91282CBR1 0.95 US TREASURY N/B NOTES DTD 05/15/2021 0.250% 05/15/2024 1,887,667.87 1,972,299.81 1,868.61 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 324,275.00 339,227.40 249.86 338,990.63 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 281,540.63 292,407.87 232.25 291,992.38 11/18/2111/17/21AaaAA+ 295,000.00 91282CCL3 0.76 Account 73340100 Page 4 Page 67 For the Month Ending March 31, 2022Managed Account Detail of Securities Held CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - 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 MarketTrade Settle Par U.S. Treasury Bond / Note US TREASURY N/B NOTES DTD 07/15/2021 0.375% 07/15/2024 1,431,562.50 1,477,531.08 1,180.94 1,475,273.44 01/07/2201/06/22AaaAA+ 1,500,000.00 91282CCL3 1.04 US TREASURY NOTES DTD 11/30/2019 1.500% 11/30/2024 1,948,125.00 2,056,003.58 10,054.95 2,073,828.13 05/26/2105/25/21AaaAA+ 2,000,000.00 912828YV6 0.44 US TREASURY NOTES DTD 12/31/2019 1.750% 12/31/2024 490,000.00 509,769.48 2,199.59 510,605.47 01/05/2201/03/22AaaAA+ 500,000.00 912828YY0 1.03 US TREASURY NOTES DTD 05/31/2020 0.250% 05/31/2025 1,433,643.75 1,524,583.42 1,290.38 1,520,449.22 05/26/2105/25/21AaaAA+ 1,540,000.00 912828ZT0 0.57 US TREASURY NOTES DTD 08/31/2020 0.250% 08/31/2025 2,313,281.25 2,411,979.17 543.48 2,406,054.69 01/07/2201/06/22AaaAA+ 2,500,000.00 91282CAJ0 1.31 US TREASURY NOTES DTD 01/31/2021 0.375% 01/31/2026 460,703.10 493,834.35 310.77 492,910.16 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 651,984.34 698,890.29 2,204.42 698,660.16 05/27/2105/25/21AaaAA+ 700,000.00 91282CBW0 0.79 US TREASURY NOTES DTD 05/16/2016 1.625% 05/15/2026 578,906.28 596,610.99 3,689.92 596,554.69 03/07/2203/03/22AaaAA+ 600,000.00 912828R36 1.77 US TREASURY NOTES DTD 05/31/2019 2.125% 05/31/2026 984,375.00 1,058,372.30 7,122.25 1,067,851.56 07/28/2107/26/21AaaAA+ 1,000,000.00 9128286X3 0.70 US TREASURY N/B NOTES DTD 06/30/2021 0.875% 06/30/2026 560,343.72 586,215.31 1,319.75 585,468.75 01/07/2201/06/22AaaAA+ 600,000.00 91282CCJ8 1.44 US TREASURY N/B NOTES DTD 10/31/2021 1.125% 10/31/2026 352,734.38 373,439.66 1,771.41 373,300.78 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 940,625.00 994,394.05 4,723.76 993,945.31 11/18/2111/17/21AaaAA+ 1,000,000.00 91282CDG3 1.25 98,714.01 29,229,738.88 30,319,624.28 0.67 30,430,496.90 30,205,000.00 Security Type Sub-Total Supra-National Agency Bond / Note INTER-AMERICAN DEVEL BK NOTES DTD 09/23/2021 0.500% 09/23/2024 347,533.29 364,776.72 40.56 364,729.90 09/23/2109/15/21AaaAAA 365,000.00 4581X0DZ8 0.52 Account 73340100 Page 5 Page 68 For the Month Ending March 31, 2022Managed Account Detail of Securities Held CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - 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 MarketTrade Settle Par Supra-National Agency Bond / Note INTL BK RECON & DEVELOP NOTES (CALLABLE) DTD 02/10/2021 0.650% 02/10/2026 2,280,524.85 2,426,938.67 2,251.44 2,422,970.55 05/26/2105/25/21AaaAAA 2,445,000.00 459058JS3 0.85 2,292.00 2,628,058.14 2,791,715.39 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 273,812.00 283,508.15 1,164.93 284,845.00 11/23/2111/19/21A2BBB+ 275,000.00 025816CG2 1.14 MORGAN STANLEY CORPORATE NOTES DTD 01/27/2016 3.875% 01/27/2026 167,942.28 181,405.58 1,136.67 185,034.30 05/27/2105/25/21A1BBB+ 165,000.00 61746BDZ6 1.19 STATE STREET CORP CORPORATE NOTES DTD 02/07/2022 1.746% 02/06/2026 33,876.12 35,000.00 91.67 35,000.00 02/07/2202/02/22A1A 35,000.00 857477BR3 1.75 GOLDMAN SACHS GROUP INC CORP NOTES (CALL DTD 02/25/2016 3.750% 02/25/2026 167,403.56 180,078.14 618.75 183,570.75 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 342,984.86 367,407.92 5,610.00 373,585.20 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 166,852.29 179,808.61 2,598.75 182,902.50 05/27/2105/25/21A2A- 165,000.00 06051GFX2 1.21 CITIGROUP CORP NOTES DTD 05/02/2016 3.400% 05/01/2026 170,262.48 184,176.01 2,408.33 187,113.90 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 351,413.63 375,295.47 1,447.92 375,356.25 05/27/2105/25/21A1AA 375,000.00 023135BX3 0.98 IBM CORP DTD 05/15/2019 3.300% 05/15/2026 151,530.30 163,348.87 1,870.00 165,211.50 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 139,704.45 150,713.77 615.00 150,814.50 09/03/2109/01/21A3A- 150,000.00 04636NAA1 1.08 Account 73340100 Page 6 Page 69 For the Month Ending March 31, 2022Managed Account Detail of Securities Held CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - 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 MarketTrade Settle Par Corporate Note TOYOTA MOTOR CREDIT CORP CORPORATE NOTES DTD 06/18/2021 1.125% 06/18/2026 101,813.14 109,783.89 354.06 109,755.80 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 185,034.00 197,274.00 158.89 197,074.00 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 184,331.60 195,640.87 968.33 195,328.00 12/03/2112/01/21A1A 200,000.00 06406RAV9 1.55 JOHN DEERE CAPITAL CORP CORPORATE NOTES DTD 01/10/2022 1.700% 01/11/2027 188,936.80 198,920.24 765.00 198,872.00 01/13/2201/11/22A2A 200,000.00 24422EWA3 1.82 TARGET CORP CORPORATE NOTES DTD 01/24/2022 1.950% 01/15/2027 33,815.50 34,942.69 127.02 34,940.50 01/24/2201/19/22A2A 35,000.00 87612EBM7 1.99 TARGET CORP CORPORATE NOTES DTD 01/24/2022 1.950% 01/15/2027 144,923.55 145,052.31 544.38 145,041.00 03/28/2203/24/22A2A 150,000.00 87612EBM7 2.69 IBM CORP CORPORATE NOTES DTD 02/09/2022 2.200% 02/09/2027 120,530.25 120,843.12 397.22 120,833.75 03/28/2203/24/22A3A- 125,000.00 459200KM2 2.94 HONEYWELL INTERNATIONAL (CALLABLE) CORP DTD 08/16/2021 1.100% 03/01/2027 257,442.92 264,794.97 256.67 264,583.20 03/07/2203/03/22A2A 280,000.00 438516CE4 2.27 TRUIST FINANCIAL CORP NOTES (CALLABLE) DTD 03/02/2021 1.267% 03/02/2027 255,058.65 255,375.71 280.68 255,332.00 03/28/2203/24/22A3A- 275,000.00 89788MAD4 2.83 BERKSHIRE HATHAWAY CORP NOTES (CALLABLE) DTD 03/15/2022 2.300% 03/15/2027 268,918.93 269,218.53 281.11 269,205.75 03/28/2203/24/22Aa2AA 275,000.00 084664CZ2 2.76 21,695.38 3,706,587.31 3,892,588.85 1.67 3,914,399.90 3,840,000.00 Security Type Sub-Total Certificate of Deposit - FDIC Insured Account 73340100 Page 7 Page 70 For the Month Ending March 31, 2022Managed Account Detail of Securities Held CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - 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 MarketTrade Settle Par Certificate of Deposit - FDIC Insured ENERBANK USA DTD 07/24/2020 0.450% 07/24/2024 237,386.63 245,000.00 24.16 245,000.00 07/24/2007/24/20NRNR 245,000.00 29278TQD5 0.45 MEDALLION BANK UTAH DTD 07/30/2020 0.550% 07/30/2025 233,039.59 245,000.00 7.38 245,000.00 07/30/2007/30/20NRNR 245,000.00 58404DHQ7 0.55 31.54 470,426.22 490,000.00 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 67,784.35 69,986.48 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 101,390.33 104,996.15 32.73 104,995.88 12/13/2112/07/21AaaAAA 105,000.00 92868KAC7 1.02 HART 2022-A A3 DTD 03/16/2022 2.220% 10/15/2026 153,097.02 154,994.09 143.38 154,994.03 03/16/2203/09/22NRAAA 155,000.00 448977AD0 2.22 GMCAR 2022-1 A3 DTD 01/19/2022 1.260% 11/16/2026 58,397.80 59,995.00 31.50 59,994.79 01/19/2201/11/22NRAAA 60,000.00 380146AC4 1.26 COMET 2021-A3 A3 DTD 11/30/2021 1.040% 11/16/2026 172,366.22 179,976.87 83.20 179,975.20 11/30/2111/18/21NRAAA 180,000.00 14041NFY2 1.04 307.92 553,035.72 569,948.59 1.37 569,945.14 570,000.00 Security Type Sub-Total 37,915,000.00 38,192,542.39 0.79 123,040.85 38,063,877.11 36,587,846.27 Managed Account Sub-Total $37,915,000.00 $38,192,542.39 $123,040.85 $38,063,877.11 $36,587,846.27 0.79% $36,710,887.12 $123,040.85 Total Investments Accrued Interest Securities Sub-Total Account 73340100 Page 8 Page 71 For the Month Ending March 31, 2022Managed Account Fair Market Value & Analytics CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - Value On Cost Amort CostCUSIPBrokerDate PriceDated Date/Coupon/Maturity Par at Mkt Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective Duration U.S. Treasury Bond / Note (6,765.88)(6,857.85) 833,306.21 99.20 HSBC 840,000.00 91282CAX9US TREASURY NOTES DTD 11/30/2020 0.125% 11/30/2022 1.33 0.67 (21,986.12)(25,312.50) 1,494,843.75 99.66 CITIGRP 1,500,000.00 912828R69US TREASURY NOTES DTD 05/31/2016 1.625% 05/31/2023 1.92 1.16 (46,918.46)(97,358.21) 2,317,232.81 100.97 HSBC 2,295,000.00 9128284S6US TREASURY NOTES DTD 05/31/2018 2.750% 05/31/2023 1.91 1.15 (11,657.84)(12,483.98) 789,037.50 99.25 NOMURA 795,000.00 912828S35US TREASURY NOTES DTD 06/30/2016 1.375% 06/30/2023 1.98 1.24 (24,206.62)(23,671.88) 974,687.50 97.47 MERRILL 1,000,000.00 91282CCN9US TREASURY N/B NOTES DTD 07/31/2021 0.125% 07/31/2023 2.05 1.34 (20,810.78)(20,434.02) 773,261.68 97.27 CITIGRP 795,000.00 91282CCU3US TREASURY N/B NOTES DTD 08/31/2021 0.125% 08/31/2023 2.10 1.41 (20,333.26)(19,875.00) 772,889.06 97.22 CITIGRP 795,000.00 91282CDD0US TREASURY N/B NOTES DTD 10/31/2021 0.375% 10/31/2023 2.17 1.58 (76,267.31)(127,036.72) 2,283,306.25 101.03 CITIGRP 2,260,000.00 9128285P1US TREASURY NOTES DTD 11/30/2018 2.875% 11/30/2023 2.24 1.63 (47,386.87)(46,796.88) 1,948,125.00 97.41 CITIGRP 2,000,000.00 91282CDR9US TREASURY N/B NOTES DTD 12/31/2021 0.750% 12/31/2023 2.27 1.74 (28,935.25)(27,148.39) 962,343.80 96.23 JPM_CHA 1,000,000.00 91282CBE0US TREASURY NOTES DTD 01/15/2021 0.125% 01/15/2024 2.28 1.79 (38,826.07)(36,445.31) 1,440,937.50 96.06 WELLS_F 1,500,000.00 91282CBR1US TREASURY NOTES DTD 03/15/2021 0.250% 03/15/2024 2.32 1.95 (84,631.94)(83,551.86) 1,887,667.87 95.58 BARCLAY 1,975,000.00 91282CCC3US TREASURY N/B NOTES DTD 05/15/2021 0.250% 05/15/2024 2.40 2.12 (14,952.40)(14,715.63) 324,275.00 95.38 MERRILL 340,000.00 91282CCG4US TREASURY N/B NOTES DTD 06/15/2021 0.250% 06/15/2024 2.41 2.20 (10,867.24)(10,451.75) 281,540.63 95.44 JPM_CHA 295,000.00 91282CCL3US TREASURY N/B NOTES DTD 07/15/2021 0.375% 07/15/2024 2.43 2.28 (45,968.58)(43,710.94) 1,431,562.50 95.44 WELLS_F 1,500,000.00 91282CCL3US TREASURY N/B NOTES DTD 07/15/2021 0.375% 07/15/2024 2.43 2.28 (107,878.58)(125,703.13) 1,948,125.00 97.41 GOLDMAN 2,000,000.00 912828YV6US TREASURY NOTES DTD 11/30/2019 1.500% 11/30/2024 2.51 2.61 (19,769.48)(20,605.47) 490,000.00 98.00 MORGAN_ 500,000.00 912828YY0US TREASURY NOTES DTD 12/31/2019 1.750% 12/31/2024 2.51 2.69 Account 73340100 Page 9 Page 72 For the Month Ending March 31, 2022Managed Account Fair Market Value & Analytics CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - Value On Cost Amort CostCUSIPBrokerDate PriceDated Date/Coupon/Maturity Par at Mkt Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective Duration U.S. Treasury Bond / Note (90,939.67)(86,805.47) 1,433,643.75 93.09 WELLS_F 1,540,000.00 912828ZT0US TREASURY NOTES DTD 05/31/2020 0.250% 05/31/2025 2.53 3.15 (98,697.92)(92,773.44) 2,313,281.25 92.53 MORGAN_ 2,500,000.00 91282CAJ0US TREASURY NOTES DTD 08/31/2020 0.250% 08/31/2025 2.55 3.40 (33,131.25)(32,207.06) 460,703.10 92.14 NOMURA 500,000.00 91282CBH3US TREASURY NOTES DTD 01/31/2021 0.375% 01/31/2026 2.54 3.81 (46,905.95)(46,675.82) 651,984.34 93.14 BNP_PAR 700,000.00 91282CBW0US TREASURY N/B NOTES DTD 04/30/2021 0.750% 04/30/2026 2.53 4.01 (17,704.71)(17,648.41) 578,906.28 96.48 CITIGRP 600,000.00 912828R36US TREASURY NOTES DTD 05/16/2016 1.625% 05/15/2026 2.53 3.98 (73,997.30)(83,476.56) 984,375.00 98.44 CITIGRP 1,000,000.00 9128286X3US TREASURY NOTES DTD 05/31/2019 2.125% 05/31/2026 2.52 3.98 (25,871.59)(25,125.03) 560,343.72 93.39 WELLS_F 600,000.00 91282CCJ8US TREASURY N/B NOTES DTD 06/30/2021 0.875% 06/30/2026 2.52 4.17 (20,705.28)(20,566.40) 352,734.38 94.06 MORGAN_ 375,000.00 91282CDG3US TREASURY N/B NOTES DTD 10/31/2021 1.125% 10/31/2026 2.50 4.45 (53,769.05)(53,320.31) 940,625.00 94.06 CITIGRP 1,000,000.00 91282CDG3US TREASURY N/B NOTES DTD 10/31/2021 1.125% 10/31/2026 2.50 4.45 (1,200,758.02) 2.29 (1,089,885.40) 29,229,738.88 30,205,000.00 Security Type Sub-Total 2.30 Supra-National Agency Bond / Note (17,243.43)(17,196.61) 347,533.29 95.21 JPM_CHA 365,000.00 4581X0DZ8INTER-AMERICAN DEVEL BK NOTES DTD 09/23/2021 0.500% 09/23/2024 2.50 2.47 (146,413.82)(142,445.70) 2,280,524.85 93.27 05/10/22KEYBANC 2,445,000.00 459058JS3INTL BK RECON & DEVELOP NOTES (CALLABLE) DTD 02/10/2021 0.650% 02/10/2026 2.49 0.14 (159,642.31) 2.49 (163,657.25) 2,628,058.14 2,810,000.00 Security Type Sub-Total 0.45 Corporate Note (9,696.15)(11,033.00) 273,812.00 99.57 06/30/24MORGAN_ 275,000.00 025816CG2AMERICAN EXPRESS CO CORP NOTES (CALLABLE DTD 07/30/2019 2.500% 07/30/2024 2.69 2.19 Account 73340100 Page 10 Page 73 For the Month Ending March 31, 2022Managed Account Fair Market Value & Analytics CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - Value On Cost Amort CostCUSIPBrokerDate PriceDated Date/Coupon/Maturity Par at Mkt Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective Duration Corporate Note (13,463.30)(17,092.02) 167,942.28 101.78 BNP_PAR 165,000.00 61746BDZ6MORGAN STANLEY CORPORATE NOTES DTD 01/27/2016 3.875% 01/27/2026 3.37 3.57 (1,123.88)(1,123.88) 33,876.12 96.79 GOLDMAN 35,000.00 857477BR3STATE STREET CORP CORPORATE NOTES DTD 02/07/2022 1.746% 02/06/2026 2.63 3.73 (12,674.58)(16,167.19) 167,403.56 101.46 11/25/25JPM_CHA 165,000.00 38143U8H7GOLDMAN SACHS GROUP INC CORP NOTES (CALL DTD 02/25/2016 3.750% 02/25/2026 3.35 3.44 (24,423.06)(30,600.34) 342,984.86 100.88 01/01/26JSEB 340,000.00 46625HQW3JP MORGAN CORP (CALLABLE) NOTES DTD 03/23/2016 3.300% 04/01/2026 3.07 3.50 (12,956.32)(16,050.21) 166,852.29 101.12 FIFTH_3 165,000.00 06051GFX2BANK OF AMERICA CORP NOTES DTD 04/19/2016 3.500% 04/19/2026 3.20 3.76 (13,913.53)(16,851.42) 170,262.48 100.15 JPM_CHA 170,000.00 172967KN0CITIGROUP CORP NOTES DTD 05/02/2016 3.400% 05/01/2026 3.36 3.80 (23,881.84)(23,942.62) 351,413.63 93.71 UBS 375,000.00 023135BX3AMAZON.COM INC CORPORATE NOTES DTD 05/12/2021 1.000% 05/12/2026 2.62 4.02 (11,818.57)(13,681.20) 151,530.30 101.02 MORGAN_ 150,000.00 459200JZ5IBM CORP DTD 05/15/2019 3.300% 05/15/2026 3.03 3.85 (11,009.32)(11,110.05) 139,704.45 93.14 04/28/26MORGAN_ 150,000.00 04636NAA1ASTRAZENECA FINANCE LLC (CALLABLE) CORP DTD 05/28/2021 1.200% 05/28/2026 2.97 3.97 (7,970.75)(7,942.66) 101,813.14 92.56 JPM_CHA 110,000.00 89236TJK2TOYOTA MOTOR CREDIT CORP CORPORATE NOTES DTD 06/18/2021 1.125% 06/18/2026 3.02 4.11 (12,240.00)(12,040.00) 185,034.00 92.52 RBC 200,000.00 02665WDZ1AMERICAN HONDA FINANCE CORPORATE NOTES DTD 09/09/2021 1.300% 09/09/2026 3.12 4.32 (11,309.27)(10,996.40) 184,331.60 92.17 DEUTSCH 200,000.00 06406RAV9BANK OF NY MELLON CORP CORPORATE NOTES DTD 07/27/2021 1.050% 10/15/2026 2.90 4.42 (9,983.44)(9,935.20) 188,936.80 94.47 JPM_CHA 200,000.00 24422EWA3JOHN DEERE CAPITAL CORP CORPORATE NOTES DTD 01/10/2022 1.700% 01/11/2027 2.95 4.59 (1,127.19)(1,125.00) 33,815.50 96.62 CITIGRP 35,000.00 87612EBM7TARGET CORP CORPORATE NOTES DTD 01/24/2022 1.950% 01/15/2027 2.71 4.58 Account 73340100 Page 11 Page 74 For the Month Ending March 31, 2022Managed Account Fair Market Value & Analytics CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - Value On Cost Amort CostCUSIPBrokerDate PriceDated Date/Coupon/Maturity Par at Mkt Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective Duration Corporate Note (128.76)(117.45) 144,923.55 96.62 STIFEL 150,000.00 87612EBM7TARGET CORP CORPORATE NOTES DTD 01/24/2022 1.950% 01/15/2027 2.71 4.58 (312.87)(303.50) 120,530.25 96.42 DEUTSCH 125,000.00 459200KM2IBM CORP CORPORATE NOTES DTD 02/09/2022 2.200% 02/09/2027 3.00 4.62 (7,352.05)(7,140.28) 257,442.92 91.94 02/01/27MORGAN_ 280,000.00 438516CE4HONEYWELL INTERNATIONAL (CALLABLE) CORP DTD 08/16/2021 1.100% 03/01/2027 2.87 4.71 (317.06)(273.35) 255,058.65 92.75 03/02/26GOLDMAN 275,000.00 89788MAD4TRUIST FINANCIAL CORP NOTES (CALLABLE) DTD 03/02/2021 1.267% 03/02/2027 2.86 3.83 (299.60)(286.82) 268,918.93 97.79 02/15/27CITIGRP 275,000.00 084664CZ2BERKSHIRE HATHAWAY CORP NOTES (CALLABLE) DTD 03/15/2022 2.300% 03/15/2027 2.78 4.63 (207,812.59) 2.95 (186,001.54) 3,706,587.31 3,840,000.00 Security Type Sub-Total 3.95 Certificate of Deposit - FDIC Insured (7,613.37)(7,613.37) 237,386.63 96.89 NEW ACC 245,000.00 29278TQD5ENERBANK USA DTD 07/24/2020 0.450% 07/24/2024 1.82 2.30 (11,960.41)(11,960.41) 233,039.59 95.12 NEW ACC 245,000.00 58404DHQ7MEDALLION BANK UTAH DTD 07/30/2020 0.550% 07/30/2025 2.07 3.30 (19,573.78) 1.94 (19,573.78) 470,426.22 490,000.00 Security Type Sub-Total 2.80 Asset-Backed Security (2,202.13)(2,200.89) 67,784.35 96.83 MERRILL 70,000.00 43815GAC3HAROT 2021-4 A3 DTD 11/24/2021 0.880% 01/21/2026 1.74 1.92 (3,605.82)(3,605.55) 101,390.33 96.56 WELLS_F 105,000.00 92868KAC7VALET 2021-1 A3 DTD 12/13/2021 1.020% 06/22/2026 1.87 1.90 (1,897.07)(1,897.01) 153,097.02 98.77 MERRILL 155,000.00 448977AD0HART 2022-A A3 DTD 03/16/2022 2.220% 10/15/2026 2.51 2.21 (1,597.20)(1,596.99) 58,397.80 97.33 BNP_PAR 60,000.00 380146AC4GMCAR 2022-1 A3 DTD 01/19/2022 1.260% 11/16/2026 1.86 2.13 Account 73340100 Page 12 Page 75 For the Month Ending March 31, 2022Managed Account Fair Market Value & Analytics CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - Value On Cost Amort CostCUSIPBrokerDate PriceDated Date/Coupon/Maturity Par at Mkt Market Unreal G/L Unreal G/LNext Call MarketSecurity Type/Description YTMEffective Duration Asset-Backed Security (7,610.65)(7,608.98) 172,366.22 95.76 BARCLAY 180,000.00 14041NFY2COMET 2021-A3 A3 DTD 11/30/2021 1.040% 11/16/2026 2.00 2.56 (16,909.42) 2.07 (16,912.87) 553,035.72 570,000.00 Security Type Sub-Total 2.22 37,915,000.00 36,587,846.27 (1,604,696.12) (1,476,030.84) 2.36 Managed Account Sub-Total 2.34 Total Investments $36,710,887.12 $123,040.85 $36,587,846.27 Accrued Interest Securities Sub-Total $37,915,000.00 ($1,604,696.12) ($1,476,030.84) 2.36% 2.34 Account 73340100 Page 13 Page 76 For the Month Ending March 31, 2022Managed Account Security Transactions & Interest CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - Transaction Type Trade CUSIPSecurity DescriptionSettle Par Proceeds Principal Accrued Interest Total Cost Realized G/L Realized G/L Sale Amort Cost Method BUY 03/07/22 US TREASURY NOTES DTD 05/16/2016 1.625% 05/15/2026 912828R36 (596,554.69)(3,016.57)(599,571.26) 600,000.00 03/03/22 03/07/22 HONEYWELL INTERNATIONAL (CALLABLE) CORP DTD 08/16/2021 1.100% 03/01/2027 438516CE4 (264,583.20)(51.33)(264,634.53) 280,000.00 03/03/22 03/16/22 HART 2022-A A3 DTD 03/16/2022 2.220% 10/15/2026 448977AD0 (154,994.03) 0.00 (154,994.03) 155,000.00 03/09/22 03/28/22 TARGET CORP CORPORATE NOTES DTD 01/24/2022 1.950% 01/15/2027 87612EBM7 (145,041.00)(520.00)(145,561.00) 150,000.00 03/24/22 03/28/22 IBM CORP CORPORATE NOTES DTD 02/09/2022 2.200% 02/09/2027 459200KM2 (120,833.75)(374.31)(121,208.06) 125,000.00 03/24/22 03/28/22 BERKSHIRE HATHAWAY CORP NOTES (CALLABLE) DTD 03/15/2022 2.300% 03/15/2027 084664CZ2 (269,205.75)(228.40)(269,434.15) 275,000.00 03/24/22 03/28/22 TRUIST FINANCIAL CORP NOTES (CALLABLE) DTD 03/02/2021 1.267% 03/02/2027 89788MAD4 (255,332.00)(251.64)(255,583.64) 275,000.00 03/24/22 (4,442.25) (1,810,986.67)(1,806,544.42) 1,860,000.00 Transaction Type Sub-Total INTEREST 03/09/22 AMERICAN HONDA FINANCE CORPORATE NOTES DTD 09/09/2021 1.300% 09/09/2026 02665WDZ1 0.00 1,300.00 1,300.00 200,000.00 03/09/22 03/15/22 COMET 2021-A3 A3 DTD 11/30/2021 1.040% 11/16/2026 14041NFY2 0.00 156.00 156.00 180,000.00 03/15/22 03/15/22 US TREASURY NOTES DTD 03/15/2021 0.250% 03/15/2024 91282CBR1 0.00 1,875.00 1,875.00 1,500,000.00 03/15/22 03/16/22 GMCAR 2022-1 A3 DTD 01/19/2022 1.260% 11/16/2026 380146AC4 0.00 63.00 63.00 60,000.00 03/16/22 03/20/22 VALET 2021-1 A3 DTD 12/13/2021 1.020% 06/22/2026 92868KAC7 0.00 89.25 89.25 105,000.00 03/20/22 03/21/22 HAROT 2021-4 A3 DTD 11/24/2021 0.880% 01/21/2026 43815GAC3 0.00 51.33 51.33 70,000.00 03/21/22 Account 73340100 Page 14 Page 77 For the Month Ending March 31, 2022Managed Account Security Transactions & Interest CITY OF RANCHO CUCAMONGA, FIRE PROT DIST - Transaction Type Trade CUSIPSecurity DescriptionSettle Par Proceeds Principal Accrued Interest Total Cost Realized G/L Realized G/L Sale Amort Cost Method INTEREST 03/23/22 INTER-AMERICAN DEVEL BK NOTES DTD 09/23/2021 0.500% 09/23/2024 4581X0DZ8 0.00 912.50 912.50 365,000.00 03/23/22 03/24/22 ENERBANK USA DTD 07/24/2020 0.450% 07/24/2024 29278TQD5 0.00 84.58 84.58 245,000.00 03/24/22 03/30/22 MEDALLION BANK UTAH DTD 07/30/2020 0.550% 07/30/2025 58404DHQ7 0.00 110.75 110.75 245,000.00 03/30/22 4,642.41 4,642.41 0.00 2,970,000.00 Transaction Type Sub-Total SELL 03/07/22 US TREASURY NOTES DTD 11/30/2020 0.125% 11/30/2022 91282CAX9 795,281.25 266.48 795,547.73 (4,874.99)(4,794.47)FIFO 800,000.00 03/03/22 03/16/22 US TREASURY NOTES DTD 11/30/2020 0.125% 11/30/2022 91282CAX9 159,018.75 58.24 159,076.99 (1,012.50)(995.89)FIFO 160,000.00 03/09/22 03/28/22 US TREASURY N/B NOTES DTD 07/15/2021 0.375% 07/15/2024 91282CCL3 675,147.66 525.83 675,673.49 (22,664.65)(23,627.95)FIFO 705,000.00 03/24/22 850.55 (29,418.31)(28,552.14) 1,630,298.21 1,629,447.66 1,665,000.00 Transaction Type Sub-Total (177,096.76) 1,050.71 (176,046.05) (28,552.14) (29,418.31)Managed Account Sub-Total Total Security Transactions ($28,552.14)($176,046.05)$1,050.71 ($177,096.76)($29,418.31) Account 73340100 Page 15 Page 78 DATE:April 20, 2022 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Mike McCliman, Fire Chief Joseph Ramos, Emergency Management Coordinator SUBJECT:Consideration to Continue the Existing Local Emergency Due to the Novel Coronavirus (COVID-19) Pandemic. (CITY) RECOMMENDATION: Staff recommends that the City Council review and continue the need for the existing local emergency due to the novel coronavirus (COVID-19) pandemic. BACKGROUND: On January 31, 2020, the Department of Health and Human Services declared the COVID-19 outbreak a public health emergency for the United States. The state of California followed this public emergency, and the Governor declared a state of emergency on March 4, 2020, and the President declared a national emergency on March 13, 2020. Subsequently, the San Bernardino County Department of Public Health declared a public health emergency on March 10, 2020. On March 18, 2020, pursuant to the California Emergency Services Act (Government Code Section 8550 et. seq.) the City Council of the City of Rancho Cucamonga proclaimed a local emergency by the way of Resolution 2020-14. On May 6, July 15, September 16, and November 18 of 2020, and March 17, May 5, July 7, September 1, and November 3 of 2021 and February 16 of 2022, the City Council of the City of Rancho Cucamonga reviewed the need to continue existence of the local emergency and agreed to extend for an additional 60 days. ANALYSIS: Government Code Section 8630 requires the City Council to review the need for continuing the local emergency every 60 days until the governing body terminates the emergency. On March 1, 2022 the San Bernardino County Board of Supervisors terminated the emergency proclamation originally proclaimed on March 10, 2020 due to the emergency condition no longer existing. However, simultaneously on March 1, 2022 the San Bernardino County Board of Supervisors proclaimed a local emergency within San Bernardino County resulting from the impact of the novel coronavirus pandemic to the Emergency Medical Services system. The City will continue to monitor the status of proclaimed emergency from both San Bernardino County and the State of California. Since the last review, City staff has regularly updated City Council on public health, economic and Page 79 Page 2 1 2 3 2 social issues arising out of the COVID-19 pandemic. Given that the COVID-19 pandemic continues to affect the region and the City, there remains a need to keep the emergency declaration in place. This will allow the City to, among other things, continue assisting residents and businesses affected by these various State and County orders and to effectively respond to emergencies during the COVID-19 pandemic. Staff recommends keeping the local emergency in place at this time. FISCAL IMPACT: The budgetary impact is unknown. Emergency operations, response and recovery efforts continue to consume a significant amount of staff time. Various revenue sources, including sales tax and transient occupancy tax (TOT) along with multiple City fees, have been significantly reduced. The City will have to expend funds in the General Fund, and potentially reserves, to combat COVID-19 and continue operations during this crisis. However, maintaining the local emergency does not, in and of itself, result in a fiscal impact of the City. The emergency declaration may allow the City to seek reimbursements for certain emergency protective measures incurred in responding to the pandemic. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: By keeping the need for the local emergency and actively recovering eligible state and federal emergency expenses, we are ensuring our community continues its efforts to be sustainable and maintain a safe, healthy, and high quality of life for all residents. ATTACHMENTS: None Page 80 DATE:April 20, 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 Ceballos, Environmental Programs Manager SUBJECT:Consideration to Schedule a Public Hearing for Placement of Liens for Delinquent Solid Waste Accounts. (CITY) RECOMMENDATION: Staff recommends that the City Council schedule a public hearing for the placement of special assessments/liens for delinquent solid waste accounts to take place on May 18, 2022, during the regularly scheduled council meeting. BACKGROUND: Per Section 8.17.170 of the Rancho Cucamonga Municipal Code, the requirements are established for mandatory payment for residential, commercial and industrial solid waste collection service. As a result, the municipal code requires all occupied properties within the City to maintain weekly solid waste collection service provided by the existing franchise waste hauler, or comply with the requirements of the self-haul permit program administered by City staff. This section of the code allows fees that are delinquent for more than 60 days to become special assessments against the respective parcels of land, resulting in liens on the property for the amount of the delinquent fee, plus administrative charges. ANALYSIS: Upon approval to schedule the public hearing, the public hearing notices will be mailed out to property owners with delinquent solid waste accounts that accrued from January 1, 2021 to December 31, 2021. Notices will be sent via first class mail no less than 10 days prior to the public hearing. FISCAL IMPACT: The City will receive revenue in the form of a franchise fee when the delinquent accounts are paid through the County of San Bernardino property tax collection process. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item is in line with Council Core Values, in ensuring all residential, commercial, and industrial property owners are receiving mandatory trash service to ensure a healthy and safe community for all. ATTACHMENTS: None. Page 81 DATE:April 20, 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:Mike McCliman, Fire Chief Augie Barreda, Deputy Fire Chief Joseph Ramos, Emergency Management Coordinator SUBJECT:Consideration to Accept the Emergency Management Performance Grant Revenue in the Amount of $28,018, Awarded by the California Office of Emergency Services and Administered by the San Bernardino County Fire Department, Office of Emergency Services, Fiscal Year 2021. (CITY/FIRE) RECOMMENDATION: Staff recommends the City Council / Fire Board accept grant revenue in the amount of $28,018 awarded by the California’s Governor’s Office of Emergency Services and administered by the San Bernardino County Fire Department, Office of Emergency Services under Fiscal Year (FY) 2021 Emergency Management Performance Grant (EMPG). The grant funding will be used for personnel costs within the Emergency Management Division. BACKGROUND: The EMPG FY 2021 funding is a non-competitive grant designated for each of the twenty-four cities and towns within the County as members of the Operation Area (OA). Each jurisdiction is allocated a $10,000 base, with the remainder of the grant distributed on a per capita basis to each eligible jurisdiction. Funds must be used to support local emergency management program activities that contribute to the State’s Goals and Objectives, and the County’s OA’s capability to prevent, prepare for, mitigate against, respond to, and recover from emergencies and disasters, whether natural or man-made. Although the allocation may vary each year, the City receives this funding annually. ANALYSIS: The City of Rancho Cucamonga will continue to use these funds to assist with the implementation and execution of the Fire District’s overall Emergency Management programs. This includes the coordination and development of the Auxiliary Communication Services (ACS) for ham radio operators and Community Emergency Response Team (CERT) programs. Also included are staff training programs such as the Accountability Officer, Emergency Operations Center, and WebEOC training. These programs fall in line with the goals and objectives of the State and County to increase the disaster resiliency in the City through education and awareness of natural and man-made disasters in our community. Page 82 Page 2 1 2 1 5 FISCAL IMPACT: Grant revenue will be received into account number 1383000-4740 (Emergency Management Performance Grant Income). Up to $28,018 of grant revenue will be utilized to offset personnel costs within the Fire District’s Emergency Management Division in account number 3281503- 5000 (Regular Salaries). COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item brings together portions of the Council’s vision and core value by providing a sustainable City and promoting a safe and healthy community for all. This is accomplished by ensuring our Emergency Management Division has the resources and tools necessary to provide City and Fire District staff, as well as community members, with the skill set needed to manage a disaster of any size. ATTACHMENTS: N/A Page 83 DATE:April 20, 2022 TO:President and Members of the Board of Directors FROM:John R. Gillison, City Manager INITIATED BY:Mike McCliman, Fire Chief Ty Harris, Deputy Fire Chief Darci Vogel, Fire Business Manager SUBJECT:Consideration of a Professional Services Agreement with Mary McGrath Architects for Conceptual Design Build Services for the Fire Station 171, Fire Station 173, and Fire Station 174 Projects in the Amount of $502,650, and Authorization of an Appropriation of $502,650. (FIRE) RECOMMENDATION: Staff recommends that the Fire Board: 1. Award a Professional Services Agreement (PSA) to Mary McGrath Architects in the amount of $502,650 (including a 10% contingency of $45,695) for Conceptual Design Build services for the rebuild of Fire Station 171, ADA accessibility improvements at Fire Stations 173 and 174, and addition of an urban park in front of Fire Station 173; and 2. Authorize an appropriation of $502,650 to the Fire Capital Fund (Fund 288). BACKGROUND: In November 2019, the Fire District and Mary McGrath Architects entered into a PSA for consulting services for the design-build of new Fire Station 178. This initial phase identified goals and objectives, data collection, and the scope and scale of the project with the Design Team. In August 2020, the contract was amended to include Conceptual Design Build services in accordance with RFP# 20/21¬001. The scope of work for the project identified that the tasks would likely be used for the rebuild of Fire Station 171 as a design-build process. In December 2021, the Fire District identified the need to move forward with the rebuilding of Fire Station 171 utilizing a design-build process. Built in 1974, it is the oldest and smallest fire station in the city. As the building has aged, maintenance requests have increased, as well as the associated repair costs. Most recently, the apparatus bay door went out of service and was temporarily repaired while awaiting the delivery and installation of a new replacement door at an estimated expense of $19,340. In addition to the mounting expenses, the station lacks the functionality and physical space needed to accommodate the Fire District's diverse and growing workforce. The station is out of compliance with the Americans with Disabilities Act (ADA), dorm rooms are communal with cubicle-style partitions, mixed gender crews share one and a half restrooms and one shower, and storage has overflowed into the apparatus bay. As the only unsecured station in the city, Fire Station 171 lacks a fence and gate which allows public access to all sides of the facility throughout the day and night. Page 84 Page 2 1 1 9 4 The Fire District identified additional facility improvement projects that would be completed in coordination with this design-build process in order to streamline the design and construction process, as well as allow for greater flexibility in awarding a contract, higher quality work, and greater cost certainty with fewer change orders and delays. These projects include: ADA accessibility improvements to the restrooms at Fire Station 173 and 174 in alignment with the ADA Self-Evaluation and Transition Plan. In 1997 and 1998, the City and Fire District completed an initial ADA Self-Evaluation and Transition Plan to comply with the Americans with Disabilities Act of 1990. In November 2020, a consultant was hired to complete a comprehensive ADA Self-Evaluation and Transition Plan update to ensure that a plan is in place for updating buildings, infrastructure improvements, programs, services, and activities to meet current ADA and accessibility requirements. The addition of an urban park space in the southeast corner of the Fire Station 173 property. Located directly adjacent to the decomposed granite path that connects to the Pacific Electric Trail, the station is the ideal location for a staging area and rest point for the community when utilizing the trail. The park elements will include shade, benches, a water fill station, repair station, and rubber playground surfacing. The Fire District will partner with the Community Services Department to include additional park elements identified in the Parks and Recreation Master Plan. ANALYSIS: The Fire District is now prepared to begin the conceptual design build process for the Fire Station 171, 173, and 174 projects. Staff recommends that the Fire Board award a PSA to Mary McGrath Architects for these services. In alignment with the conceptual design build process for Fire Station 178, this will continue to be a Team RC project with input from the City Manager's Office, Planning, Engineering, Public Works, Building and Safety, DoIT, Community Services, and the Fire District. Mary McGrath Architects will assist the Design Team with the following tasks: 1. Project initiation and program development; 2. Conceptual site and floor plan design, criteria development; 3. Bridging documents suitable to obtain design-build proposals; 4. Design-build team selection; 5. Construction document review and design intent review. FISCAL IMPACT: The total cost of the contract with Mary McGrath Architects is $502,650. In order to begin the conceptual design build process, funding will need to be appropriated in the following accounts: Account No.Funding Source Description Amount 3288501-5650 / 2090288-6311 Fire Protection Capital Fund Amethyst Station 171 / Design & Enviro. Review $337,380.00 3288501-5650 / 2093288-6311 * Fire Protection Capital Fund FS 173 – ADA Improvements / Design & Enviro. Review $55,090.00 3288501-5650 / 2092288-6311 * Fire Protection Capital Fund FS 174 – ADA Improvements / Design & Enviro. Review $55,090.00 3288501-5650 / 2094288-6311 * Fire Protection Capital Fund FS 173 – Urban Park / Design & Enviro. Review $55,090.00 TOTAL:$502,650.00 Page 85 Page 3 1 1 9 4 COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item brings together portions of the Council’s vision and core value 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 - Scope of Work Page 86       March 14, 2022  Darci Vogel  Business Manager  Rancho Cucamonga Fire District  10500 Civic Center Dr.  Rancho Cucamonga, CA 91729    Via E‐mail: Darci.Vogel@cityofrc.us  RE: Fire Stations 171, 173, 174 Scope and Fee Proposal for Bridging Documents  Dear Darci;  It is our pleasure to submit a draft scope of work and fee proposal to develop the bridging  documents for the replacement of Fire Station 171 at 6627 Amethyst Ave. The overall  goal of the project is to create Bridging Documents suitable for the District Team to  obtain Design‐Build conceptual designs and cost proposals through the Request for  Proposal phase of the procurement. We have tailored this scope of work to result in a  set of bridging documents that allows the DB Teams to develop and present a station  design as a part of their selection process for Fire Station 171.    In addition, we have created a work scope and fee proposal for the restroom upgrades  at Fire Stations 173 and 174. This scope of work includes the development of a small  urban park at Fire Station 173. Stations 173 and 174 will be designed to a level that can  be priced and completed by the Design/Built teams, similar to Fire Station 178.   It is assumed that all three fire station projects and the park will be issued as a package  to potential design/build teams. The proposed fee and scope will see the project through  the development of the construction documents by the selected Design Build Team.  Please see the fee breakdown detail with the scope of work attached.  We look forward to continuing our good working relationship with the City of Rancho  Cucamonga and RC Fire Protection District. Thank you for the opportunity!     Very sincerely,    Mary C. McGrath, AIA  Principal  Mary McGrath Architects  mmcgrath@marymcgratharchitects.com  License No. C24435  Page 87 1    City of Rancho Cucamonga and Rancho Cucamonga Fire District   Bridging Documents Scope of Work    The  scope  of  work  below  was  specifically  developed  for  at  Design/Build  procurement  process  that  provides criteria documents which guide the Design/Build Team in the preparation of a proposed project  design and cost model. In this approach, the selected DB Team will then further refine the building design,  obtain  the  entitlements  and  environmental  approvals  then  move  on to the development of the  construction documents.     The scope of work below applies to the Fire Station No. 171 project although some of the program items  developed in these initial stages would most likely be used for the Fire Station 179 project in the future.     Project Description ‐ 6627 Amethyst Ave – Fire Station No. 171  The existing fire station 171 will be demolished and a new 2‐story, approximately 10,000 SF station  developed at the same site. The fire station replacement bridging documents will be based on the  standards developed for Fire Station 178. The overall scope for the project is as follows:    Task 1: Project Initiation and Program Development.   Project Initiation. The goal of the project initial is to establish the overall project schedule and confirm  the work plan; review Fire Department Team planning to date and standards; identify goals, objectives  and expectations through interviews, data collection, etc.; Hold Kick‐off meeting to establish overall  project  schedule,  work  plan.  Review  site  surveys  and  geotechnical  reports  prepared  by  the  City  Consultant.   Program Development. General goal being to confirm and validate the scope and scale of the project  through an information gathering sessions with the Fire Department Design team. This program will be  confirmed  through  component  diagrams  and  documented  in  a  space needs  outline.  It  is  our  understanding that the current Fire Station 178 program documents would be used as a starting point for  confirming space needs and functional criterial. Deliverables will include:  Deliverables:  1.1 Overall Project Schedule with meeting dates identified.  1.2 Summary of goals, objectives and expectations discussed.  1.3 Comments on City provided site survey and geotechnical reports   1.4 Program Summary Narrative  1.5 Space Needs Outline including functional narratives   1.6 Component Diagram for each space with specialty equipment and utilities indicated  Page 88 2    1.7 Floor Plan Arrangement Diagram – Conceptual Space Plan  1.8 Site diagrams indicating response path, parking requirement and utilities  1.9 Calculations of stormwater retention requirements based on initial site diagram  1.10 Initial Construction Cost Budget (ICCB) ‐ Develop preliminary cost budget based on program.  1.11 Preliminary  Code/Regulatory  Agency  review(s)  for  site  criteria, entitlement and permitting  approval requirements and occupancy separation confirmations.     Task 2: Conceptual Site and Floor Plan Design, Criteria Development. General goal being to further  develop and define the site plan, floor plan and massing diagrams for District Team review and selection  of preferred schemes. Assemble conceptual design level documentation package sufficient to describe  project size, functional priorities, interior finishes, exterior finish performance criteria (no wood), time  critical construction completion requirements, level(s) of quality  desired,  security,  audio/visual  and  technology systems. In addition, a layout and performance criteria for the temporary facilities will be  included. Deliverables will include:    Deliverables:  2.1 Architectural Site and Floor Plan Design – Preparation of two alternate floor plans and massing  solution solutions for review and comments by the District Design Team.   2.2 Update the preferred plan based on Fire District Input and use in the preparation of finish  schedules and room‐based performance specifications.  2.3 Definition  exterior  building  wall  performance  criteria  including  thermal  ratings  and  wall  assemblies.   2.4 Prepare conceptual civil/site design, including criteria for grading, drainage, utilities, and other  requirements as appropriate for the project.   2.5 Develop written Basis of Design and performance narratives for Civil, Mechanical, Electrical, Data,  Plumbing  and  Security  Systems.  The  room‐based  performance  criteria  will  be  based  on  the  systems and finishes used at Station 178.  2.6 Develop a mechanical zoning plan.  2.7 Development of the Basis of Design and performance criteria for structural systems including  structural assembly types (metal stud vs. wood for example).   2.8 Landscape: Basis of design description of landscape design and irrigation requirements.  2.9 Site layout, floor plan layout and performance criteria for the temporary facilities.   2.10 Update of Initial Construction Cost Budget (ICCB) ‐ Update preliminary cost budget based on final  site layout and square footage.      Task 3: Bridging Documents. General goal is to refine the Task 2 documents to create Bridging Documents  suitable for the City Team to obtain Design‐Build proposals through a public agency procurement process.  It is intended that this process will include a design proposal phase as a part of the RFP process. To support  this effort our team will develop/produce final Bridging Documents including performance specifications,  Page 89 3    design  narratives  for  each  discipline,  describing  functional  priorities,  quality  levels,  aesthetic  requirements, design criteria, basic requirements to meet applicable building codes.    Bridging Document Design Package to include:  3.1 Project Description  3.2 Program  Documentation:    Fire  Station  Operations  and  Support  Summary;  Conceptual  Space  Needs Outline, Component diagrams with room performance criteria. Fire Station Arrangement  diagram.  3.3 Architectural Floor Plans, Code Summary of concept plan, Massing Diagram, Finish Schedule  3.4 Structural Performance Requirements   3.5 MEP Performance Requirements   3.6 Grading and Drainage Criteria and Performance Requirements  3.7 Site Utility Conceptual Design and Performance Requirement  3.8 Temporary Facility Conceptual floor plan and site plan layout and performance criteria.  3.9 Detailed Specifications – All Disciplines  Task 4: Design‐Build Team Selection. General goal is to aid the District Team in pre‐qualifying prospective  Design‐Build teams to compete for the Project (in an RFQ/RFP fashion), and in selecting the most qualified  team.  Review/comment  on  RFP  prepared  by  City  Team.  Assist  in  reviewing  qualifications.  Assist  in  developing best value criteria and scoring criteria. Attend Pre‐bid conference/presentation. Attend one‐ half day work sessions with each bidder (limited to three meetings). Respond to Requests for Design  Clarification and/or modifications. Consult with City Team concerning the determination or acceptability  of Design‐Build team’s proposed substitute materials and systems proposed by bidders. Consult with  District Team concerning the determination or acceptability of proposed changes in planning or approach.  Submit clarifications as appropriate. Assist in evaluation of design proposals and cost models. Review  design proposal and bids versus the weighted factors and develop a response for review by the City Team.  Respond to questions of the City Team, as appropriate.  Task 5: Construction Documents Review/Design Intent Review. General goal is to consult or support City  Team by reviewing the selected Design‐Build design and construction documents to assure compliance  with Bridging Documents design intent. During the design phase, meet once a month with the Design‐ Builder’s  architect  and  engineers  on  a  discipline‐by‐discipline  basis  for  ‘over‐the‐shoulder’  reviews.  Function  as  liaison  between  City  Team,  the  Design‐Build  team  architect  and  engineers,  and  the  stakeholders to assure design intent compliance.       Page 90 1    City of Rancho Cucamonga and Rancho Cucamonga Fire District   Bridging Documents Scope of Work    The  scope  of  work  below  was  specifically  developed  for  at  Design/Build  procurement  process  that  provides criteria documents which guide the Design/Build Team in the preparation of a proposed project  design and cost model. In this approach, the selected DB Team will then further refine the project design,  obtain  the  entitlements  and  environmental  approvals  then  move  on to the development of the  construction documents.     The scope of work below applies to the Fire Station No. 173 and 174 restroom remodel projects and a  new park at the front of Fire Station 173. The restroom renovations will be based on the restroom schemes  develop for Fire Station 178. It is assumed that these bridging documents will be included in the same  package as Fire Station 171.    Project Description:  12270 Oak Creek Rd – Fire Station No. 173  The existing fire station 173 restroom and shower area will be renovated to provide gender neutral private  restroom/showers within the existing station.    In addition, a new playground/park will be developed in the front corner of the site. It is to be an Urban  park and include a bike station and a small play area developed form natural materials. Amenities include  a bottle fill area, rubberized surfaces, bike pumps with bike tools and a bike stand, shade structure, bike  racks, low level lighting and one security camera tied to the fire station. The utility services will be tied to  the fire station. The monument sign may be relocated if the add ition of building signage is not feasible (or  does not currently exist).       11297 Jersey Boulevard– Fire Station No. 174  The existing fire station 174 restroom and shower area will be renovated to provide gender neutral private  restroom/showers within the existing station.      Task 1: Project Initiation and Program Development.   Project Initiation. The project will start with an initial discussion with the City Staff regarding the goals for  the park/playground area at the front of the site. At the same time, the design team will be sketching  options for the restroom layout for review by the City.   Deliverables:  1.1 Summary of goals and objectives for the park design  1.2 Conceptual restroom layouts for each station (2 options each).  1.3 Preliminary MEP evaluation of service requirements for the conceptual layouts.  1.4 Initial Construction Cost Budget (ICCB) ‐ Develop preliminary cost budget based on goals.    Page 91 2    Task 2: Conceptual Park Design. General goal being to develop and define the park conceptual design,  identifying play equipment and landscape options, Deliverables will include:    Deliverables:  2.1 Preparation of two alternate park conceptual design options for review and comment by the  District Design Team.   2.2 Update the preferred Park Design plan based on Fire District Input.  2.3 Civil: Prepare park conceptual civil/site design, including criteria for grading, drainage, utilities,  and other requirements as appropriate for the selected design.   2.4 Lighting: Prepare park conceptual lighting and security plan based on the selected design.  2.5 Landscape:  Basis  of  design  description  of  landscape  design,  play  equipment  and  irrigation  requirements.  2.6 Update of Initial Construction Cost Budget (ICCB) ‐ Update preliminary park cost budget based on  final layout.    Task 3: Bridging Documents. General goal is to refine the Task 1 and 2 documents to create Bridging  Documents  suitable  for  the  City  Team  to  obtain  Design‐Build  proposals  through  a  public  agency  procurement process. It is intended that this process will include a design proposal phase as a part of the  RFP process. To support this effort our team will develop/produce final Bridging Documents including  performance specifications, design narratives for each discipline, describing functional priorities, quality  levels, aesthetic requirements, design criteria, basic requirements to meet applicable building codes.    Bridging Document Design Package to include:  3.1 Project Description  3.2 Restroom Renovations Architectural Floor Plans, demolition plan, Ceiling plan, building sections  necessary to demonstrate scope of work., Finish Schedule  3.3 Structural Concept Plan and Performance Requirements (anticipate only minor modifications).  3.4 Plumbing demolition plan and floor plan with fixture specifications.  3.5 Mechanical demolition plan and new equipment layout, Performance Requirements   3.6 Electrical demolition plan and new outlets, lighting, data, and equipment power plan  3.7 Performance criteria for fire sprinkler and fire alarm modifications.  3.8 Grading and Drainage Criteria and Performance Requirements  3.9 Site Utility Conceptual Design and Performance Requirement  3.10 Detailed Specifications – All Disciplines  3.11 Cost Estimate of Bridging Documents  Task 4: Design‐Build Team Selection. General goal is to aid the District Team in pre‐qualifying prospective  Design‐Build teams to compete for the Project (in an RFQ/RFP fashion), and in selecting the most qualified  team.  Review/comment  on  RFP  prepared  by  City  Team.  Assist  in  reviewing  qualifications.  Assist  in  developing best value criteria and scoring criteria. Attend Pre‐bid conference/presentation. Attend one‐ half day work sessions with each bidder (limited to three meetings). Respond to Requests for Design  Clarification and/or modifications. Consult with City Team concerning the determination or acceptability  Page 92 3    of Design‐Build team’s proposed substitute materials and systems proposed by bidders. Consult with  District Team concerning the determination or acceptability of proposed changes in planning or approach.  Submit clarifications as appropriate. Assist in evaluation of design proposals and cost models. Review  design proposal and bids versus the weighted factors and develop a response for review by the City Team.  Respond to questions of the City Team, as appropriate.  Task 5: Construction Documents Review/Design Intent Review. General goal is to consult or support City  Team by reviewing the selected Design‐Build design and construction documents to assure compliance  with Bridging Documents design intent. During the design phase, meet once a month with the Design‐ Builder’s  architect  and  engineers  on  a  discipline‐by‐discipline  basis  for  ‘over‐the‐shoulder’  reviews.  Function  as  liaison  between  City  Team,  the  Design‐Build  team  architect  and  engineers,  and  the  stakeholders to assure design intent compliance.       Page 93 Rancho Cucamonga Fire Protection District City of Rancho Cucamonga Fire Station 171, 173, 174 and Park Bridging Document Fee Proposal Task 1 Project Initiation and Program  Development Mary McGrath  Architects PIC PM/SR. Arch Architect/    Designer Intermediate  Arch/Design Job Captain Technical Totals rate $205 $180 $165 $145 $125 $125 hours 40 40 40 0 0 total amount $8,200 $0 $6,600 $5,800 $0 $0 $20,600 Consultant HVAC/Plumb. Elec./Data Structural Civil Landscape Cost Totals total amount $0 $0 $0 $4,538 $0 $0 $4,538 $25,138 Task 2 Conceptual Site and Floor Plan Design  Criteria Development Mary McGrath  Architects PIC PM/SR. Arch Architect/    Designer Intermediate  Arch/Design Job Captain Technical Totals rate $205 $180 $165 $145 $125 $125 hours 60 0 60 60 0 0 total amount $12,300 $0 $9,900 $8,700 $0 $0 $30,900 Consultant HVAC/Plumb. Elec./Data Structural Civil Landscape Cost Totals total amount $2,750 $4,730 $6,600 $6,765 $5,500 $7,040 $33,385 $64,285 Task 3 Bridging Documents Mary McGrath  Architects PIC PM/SR. Arch Architect/    Designer Intermediate  Arch/Design Job Captain Technical Totals rate $205 $180 $165 $145 $125 $125 hours 80 0 80 120 0 0 total amount $16,400 $0 $13,200 $17,400 $0 $0 $47,000 Consultant HVAC/Plumb. Elec./Data Structural Civil Landscape Cost Totals total amount $15,400 $10,285 $2,750 $6,848 $4,180 $24,310 $63,773 $110,773 Task 4 DB Team Selection Mary McGrath  Architects PIC PM/SR. Arch Architect/    Designer Intermediate  Arch/Design Job Captain Technical Totals rate $205 $180 $165 $145 $125 $125 hours 60 0 40 0 0 0 total amount $12,300 $0 $6,600 $0 $0 $0 $18,900 Consultant HVAC/Plumb. Elec./Data Structural Civil Landscape Cost Totals total amount $1,100 $1,265 $3,300 $908 $1,650 $5,280 $13,503 $32,403 Task 5 Construction Document Review for Design  Intent Mary McGrath  Architects PIC PM/SR. Arch Architect/    Designer Intermediate  Arch/Design Job Captain Technical Totals rate $205 $180 $165 $145 $125 $125 hours 80 0 40 0 0 0 total amount $16,400 $0 $6,600 $0 $0 $0 $23,000 Consultant HVAC/Plumb. Elec./Data Structural Civil Landscape Cost Totals total amount $2,200 $3,520 $8,250 $1,815 $2,750 $0 $18,535 $41,535 Task 6 Station 173, 174 and Park Mary McGrath  Architects PIC PM/SR. Arch Architect/    Designer Intermediate  Arch/Design Job Captain Technical Totals rate $205 $180 $165 $145 $125 $125 hours 80 0 120 120 0 80 total amount $16,400 $0 $19,800 $17,400 $0 $10,000 $63,600 Consultant HVAC/Plumb. Elec./Data Structural Civil Landscape Cost Totals total amount $22,500 $8,030 $12,650 $17,107 $18,810 $22,550 $101,647 $165,247 Total Fee: Task 1 Project Initiation and Program Development $25,138 Task 2 Conceptual Site and Floor Plan Design Criteria Development $64,285 Task 3 Bridging Documents $110,773 Task 4 DB Team Selection $32,403 Task 5 Construction Document Review for Design Intent $41,535 Sub total: $274,133 Task 6 Station 173, 174 and Park $165,247 $439,380 Reimbursables Expenses $17,575 Reimbursable expenses would include travel expenses, mileage, printing, report publishing and rendering costs.  Mileage will be calculated at the published government rate.  All expenses will be billed  at cost with 10% mark‐up. 6 1 0 1 6 th S T R E E T, S U IT E 2 1 9 O A K L A N D , C A L IF O R N IA 9 4 6 1 2 O 5 1 0 .2 0 8 .9 4 0 0 W W W .M A R Y M C G R A T H A R C H IT E C T S .C O M Page 94 DATE:April 20, 2022 TO:President and Members of the Board of Directors FROM:John R. Gillison, City Manager INITIATED BY:Mike McCliman, Fire Chief Darci Vogel, Fire Business Manager SUBJECT:Consideration to Accept as Complete, File a Notice of Completion, and Authorize Release of Retention for the RCFPD Fire Station No. 176 Site Improvements Project. (FIRE) RECOMMENDATION: Staff recommends that the Fire Board of the Rancho Cucamonga Fire Protection District: 1. Accept the RCFPD Fire Station No. 176 Site Improvements Project, Contract No. FD 2020-009, as complete; 2. Approve the final contract amount of $84,282.39; 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 $79,000, six months after the recordation of said notice if no claims have been received; 5. Authorize the Fire Chief to file a Notice of Completion and release of the project retention, 35 days after recordation of Notice of Completion; and 6. Authorize the Fire Chief 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 1, 2020, the Fire Board awarded a construction contract to OCC Builders, Inc. in the amount $79,000 for the RCFPD Fire Station No. 176 Site Improvements Project. Additionally, the City Council authorized a 10% contingency in the amount of $7,900 to address unforeseen construction related incidentals. A Vicinity Map is included in attachment 1. The scope of work to be performed consisted of the partial clear and grub, demolition and patch and repair of existing concrete curb as required, partial demolition of existing site walls, new sand bag concrete pad, earthwork regrading, removal of existing sand bag concrete k-rails, relocation or capping of existing irrigation within area of work, installation of new site cmu site walls, and installation of new stone gravel. ANALYSIS: The subject project has been completed in accordance with the approved plans and specifications Page 95 Page 2 1 1 9 6 and to the satisfaction of the Fire Chief. The final cost of the construction contract is $84,282.39, a net increase of $5,779 resulting from one (1) Change Order, as summarized below: Change Order No.1: During the course of the project, several adjustments to the project scope required extra work to be performed by the contractor. This work included: additional backfill behind the wall; installation of additional rebar for the concrete slab in the sand pit; forming and pouring a 6” concrete curb above the finish floor of the sand pit; installation of an expansion joint in the wall; and additional rock on the slope and in place of mulch. The extra work totaled $5,779, which was covered by project contingency funds. At the end of the one-year maintenance period, if the improvements remain free from defects in materials and workmanship, the City Clerk is authorized to release the Maintenance Bond upon approval by the Fire Chief. FISCAL IMPACT: The final contract amount for OCC Builders, Inc. Contract FD 2020-009, is $84,282.39. The total final project cost, including construction inspection, soils and materials testing, and survey services is $152,818.39, as shown below. Sufficient funds are available in the Fire Capital Fund (3288501-5650 / 1995288) for the final project cost. Final Construction Contract $ 84,282.39 Soils and Materials Testing Services $ 16,529.00 Survey Services $ 8,500.00 Construction Inspection Services $ 43,507.00 Total Project Costs $ 152,818.39 COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item brings together portions of the Council’s vision and core value by providing a sustainable City and promoting a safe and healthy community for all. This is accomplished by ensuring our Fire first responders have the resources and tools necessary to train for and respond to emergency situations. ATTACHMENTS: Attachment 1 – Vicinity Map Page 96 ATTACHMENT 1 PROJECT: RCFPD Fire Station No. 176 Site Improvements Vicinity Map NOT TO SCALE Project Site Page 97 DATE:April 20, 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 Darren Chin, Associate Engineer SUBJECT:Consideration to Approve Tract Map 19996, Located at 9353 Fairview Place, on the Southwest Corner of Milliken Avenue and 6th Street, Related to Case No. ENG2021-00021. (CITY) RECOMMENDATION: Staff recommends that the City Council approve the final map of Tract 19996 on file with the City Engineer. BACKGROUND: Tentative Tract Map No. 19996 was approved by the Planning Commission on February 24, 2021 for the re-subdivision of Parcel 2 of Parcel Map 16238, located at 9353 Fairview Place on the southwest corner of Milliken Avenue and 6th Street. The map will subdivide the existing parcel into eight (8) office condominium units. The original subdivision approved on October 22, 2003 by the Planning Commission in 2003 has previously been developed with one- and two-story office buildings. No new buildings or uses are proposed as part of this subdivision. ANALYSIS: The owner, Butterfield Villas, LLC has submitted the final map for Tract 19996 for consideration of approval. The final map has been reviewed by Staff and found to be technically correct and in conformity with the State and City subdivision regulations. All conditions of approval for the subdivision required to be completed prior to recording of the final map have been satisfied. FISCAL IMPACT: No fiscal impact. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: The subject subdivision supports the City Council’s vision of building on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunities for all to thrive by ensuring that subdivision of land continues to add value to the community. ATTACHMENTS: Attachment 1 - Vicinity Map Page 98 ATTACHMENT 1 TRACT 19996 Vicinity Map NOT TO SCALE Page 99 DATE:April 20, 2022 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Lori E. Sassoon, Deputy City Manager/Administrative Services Tamara L. Oatman, Finance Director SUBJECT:Consideration of a Professional Services Agreement with Procure America for Cost Reduction Consulting Services for the City’s Gas, Water, and Electric Utilities Accounts. (CITY) RECOMMENDATION: Staff recommends that the City Council award and execute a three (3) year contract with Procure America for cost reduction consulting services for the City’s gas, water, and electric utilities accounts. BACKGROUND: Over time, the quantity and complexity of the City’s various utility accounts for gas, water, and electricity have grown significantly. Periodic rate increases have been implemented by all of the utility services providers during this time. While staff have performed general oversight of these changes, detailed audits of the various accounts have not been performed increasing the risk that the City may be paying an incorrect rate or paying for services that are no longer needed. Other cities/agencies have engaged Procure America for similar projects. Those agencies include, but are not limited to: County of Riverside, City of Covina, Jurupa Community Services District, City of Irvine, County of San Diego, City of Pomona, County of Orange, City of Hayward, City of Montebello, City of Moreno Valley, City of Santa Ana, and California State Polytechnic University, Pomona. ANALYSIS: Staff became aware of a consultant, Procure America (PA), that can perform an audit of the City’s various utility accounts to identify potential cost savings with minimal staff time required. The audit will be conducted in three primary phases: 1. Review phase: PA will use its best efforts to obtain cost savings for the City’s benefit by analyzing our policies, procedures, supplier contracts, past invoices, and other pertinent information as it relates to the City’s utilities services set for review. PA will gather information as to the City’s needs (past, present, and future) from the City’s service providers so as to build a solution that not only lowers cost, but also matches our operational requirements and expectations. After analyzing the City’s current spending patterns, PA will provide us with a findings report outlining their observations. The report will include a review of operations, cost reduction recommendations, and potential service level enhancements. The report’s recommendations will also include Page 100 Page 2 1 2 1 8 a comparison to the City’s historical cost or “Established Rates” to clearly outline the cost savings generated by this project. It is understood that despite PA’s recommendations, the City has the right not to proceed with any of PA’s result findings or proposals. 2. Post-review phase: In the event that the City wishes to proceed with PA’s recommendations, for the entire balance of the relationship with the City, PA will continue to consult with the City in an effort to continuously look for efficiencies in the chosen areas of focus (utilities services). Periodically, the PA team will review the City’s invoicing and deliverables to ensure accountability by the City’s service providers with respect to the spirit and intent of the agreement between the City and the third-party service provider. This review will take into account service levels, cost controls, and overall client satisfaction. Further, PA will continuously consult with the City to anticipate changes in service needs to ensure that the proper service provider, contract, and procedures are in place to address the City’s go forward requirements. 3. Revenue share: PA’s findings report will document the Established Rates and specific recommendations for each service chosen for review and outline the methodology used to generate the report. The City and PA will then discuss and agree on the Established Rates for the targeted service as outlined in the findings report. If the City elects to proceed with any or all of the recommendations as set forth in the findings report, the City agrees to compensate PA for the savings outlined within the findings report. The Revenue Share to PA is fifty percent (50%) or half of the actual realized savings measured by the difference between the agreed upon Established Rates and the City’s new costs as set forth in PA’s findings report and documented through actual realized savings. PA will share in the identified savings for a period of three years. After the three-year period has ended, the savings to the City will continue, and the City will no longer be required to make the 50% payment. A snapshot of the project timeline (April 25th through July 25th) and project milestones is as follows: Item Week Date Responsibility Kick off meeting & Document Request Week 1 April 25 CoRC Team, Procure America CoRC Returns LOAs, Vendor Invoices, Facilities List, to Procure America Week 2 May 4 CoRC Team Procure America Begins Online Usage Download from Providers Week 3 May 11 Procure America Data Analysis/TROS®Weeks 4 - 8 May 16 – June 13 Procure America Site visits may need to be conducted at City locations CoRC Staff, Procure America Procure America Creates TROS® Findings Report with Recommendations Week 9 June 20 Procure America Procure America Delivers TROS® Findings Report to City Week 10-12 July 11 CoRC, Procure America TROS® = Tariff Rate Optimization Study Page 101 Page 3 1 2 1 8 The proposed Professional Services Agreement is on file with the City Clerk’s Office. FISCAL IMPACT: The costs associated with this agreement, if the City chooses to proceed with PA’s recommendations, will be covered by the savings achieved by the implementation of the specified utility account modifications. The exact amount of savings is indeterminable at this point in time. However, this item is being brought to the City Council for approval in the instance the fees for service surpass the City Manager’s signing authority of $100,000. Budget transfers will be utilized to move cost savings from the various utility accounts to the contract services accounts that PA will be paid from in accordance with the City’s established policies. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: Ensuring the City’s receives accurate rates for its utilities services 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 its operating expenditures to ensure that financial resources are available to support the various services the City provides to all Rancho Cucamonga stakeholders. ATTACHMENTS: None Page 102 DATE:April 20, 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 of a Contract with Onyx Paving Company, Inc., in an Amount of $371,000, Plus 10% Contingency for the Center Avenue Pavement Rehabilitation Project. (CITY) RECOMMENDATION: Staff recommends that the City Council: 1. Approve the plans and specifications for the Center Avenue Pavement Rehabilitation Project); 2. Accept the bids received for the Project; 3. Award and authorize the execution of a contract in the amount of $371,000 to the lowest responsive bidder, Onyx Company, Inc., for the total Bid; 4. Authorize the expenditure of a 10% contingency in the amount of $37,100; 5. Authorize a Purchase Order in the amount of $24,156 to Willdan, Inc. for on-call construction inspection services; and 6. Authorize a Purchase Order in the amount of $13,255 to SCST, LLC Atlas Company for on-call material testing services. BACKGROUND: Existing asphalt pavement condition for sections alongside Center Avenue have deteriorated to the point that resurfacing is required to extend the life of pavement and improve rideability. The Center Avenue Pavement Rehabilitation Project has been included in the Capital Improvement Program budget for this Fiscal Year 2021/22. A Vicinity Map illustrating the limit of the Project is included as Attachment 1. The City of Rancho Cucamonga uses asphalt rubber hot mix overlay for major arterials as a paving method to apply a new layer of asphalt to deteriorating roadway surfaces. Instead of demolishing the old asphalt surface completely, asphalt rubber hot mix overlay uses the existing layers as a base for the new asphalt pavement. An asphalt rubber hot mix overlay project extends the life of the pavement an additional 15 to 20 years ANALYSIS: The scope of work consists of weed kill, routing and crack sealing, cold milling, asphalt rubber hot mix overlay, adjusting existing manholes and valves to new grade, restriping and installation of pavement markings, handicap ramps, curb and gutter, drive approach, and re-striping. The contract documents call for thirty (30) working days to complete this project. Page 103 Page 2 1 2 2 1 The Notice Inviting Bids was released to the general contracting community and was published in the Daily Bulletin on March 15 and 22, 2022. The City Clerk’s Office facilitated the formal solicitation for bidding the project. On March 29, 2022, the City Clerk’s office received five (5) construction bids. The Engineer’s Estimate for the project was $450,000. The apparent low bidder Onyx Paving Company, Inc. submitted a bid in the amount of $371,000. A full bid summary is included as Attachment 2. Engineering staff has reviewed all bids received and found all to be complete and in accordance with the bid requirements with any irregularities to be inconsequential. Staff has completed the required background investigation and finds the lowest responsive bidder Onyx Paving Company, Inc. meets the requirements of the bid documents. Staff has determined that the project is Categorically Exempt per Section 15301 “Existing Facilities” subsection (c), Class 1 California Environmental Quality Act (CEQA). FISCAL IMPACT: Anticipated construction costs are estimated to be as follows: Expenditure Category Amount Construction Contract $371,000 Construction Contract Contingency (10%)$37,100 Construction Inspection Services $24,156 Construction Materials Testing Services $13,255 Bid Noticing Advertisement $1,631 Estimated Construction Costs $447,142 A total of $475,000 is available in the approved Fiscal Year 2021/22 budget from the State Gas Tax R&T7360 Fund (Fund 174) to cover the anticipated project costs. Funding for this project is identified under Capital Improvement Project Account No. in the amount listed below: Account No.Funding Source Description Amount 11743035650/2008174-0 Gas tax R&T7360 Fund (174) Center Avenue $447,142 Total Project Funding $447,142 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 Attachment 2 - Bid Summary Page 104 ATTACHMENT 1 PROJECT# 800-2021-11 "CENTER AVENUE PAVEMENT REHABILITATION 6TH STREET TO 8th STREET” NOT TO SCALE Project Site Project Site Page 105 UNIT BIDUNITBIDUNITBID UNIT BIDUNITBID UNIT BIDNO QTY UNIT DESCRIPTIONCOST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT11 LS Mobilization $18,962.00 $18,962.00 $17,000.00 $17,000.00 $20,000.00 $20,000.00 $30,732.90 $30,732.90 $40,000.00 $40,000.00 $20,000.00 $20,000.0021 LS Traffic Control $25,000.00 $25,000.00 $27,000.00 $27,000.00 $18,961.00 $18,961.00 $25,000.00 $25,000.00 $11,700.00 $11,700.00 $64,000.00 $64,000.0031 LS Clearing and Grubbing - Including all Removal and Disposal $30,000.00 $30,000.00 $13,000.00 $13,000.00 $10,000.00 $10,000.00 $2,500.00 $2,500.00 $10,500.00 $10,500.00 $16,000.00 $16,000.0041 LS Construction Staking (For Ramps Only) $8,000.00 $8,000.00 $8,800.00 $8,800.00 $9,000.00 $9,000.00 $8,900.00 $8,900.00 $3,000.00 $3,000.00 $9,000.00 $9,000.0052,792 SF Construct PCC Access Ramp Including Truncated Detectable Warning Surfaces Complete in Place Per Plans and Specifications$17.00 $47,464.00 $11.00 $30,712.00 $11.00 $30,712.00 $13.00 $36,296.00 $14.60 $40,763.20 $13.00 $36,296.00624 SF Construct Additional Truncated Detectable Warning Surface on Existing Curb Ramp Per Plans and Specifications$55.00 $1,320.00 $60.00 $1,440.00 $90.00 $2,160.00 $80.00 $1,920.00 $130.00 $3,120.00 $134.00 $3,216.007479 LF Construct PCC Curb and Gutter Per Plans and Specifications Including Sawcut, Removal, and Disposal of Existing Curb and Gutter$60.00 $28,740.00 $55.00 $26,345.00 $80.00 $38,320.00 $55.00 $26,345.00 $49.50 $23,710.50 $57.00 $27,303.0081,297 SF Construct 4" PCC Spandrel Per Plans and Specifications Including Sawcut, Removal, and Disposal of Existing Spandrel$55.00 $71,335.00 $15.00 $19,455.00 $20.00 $25,940.00 $19.00 $24,643.00 $21.40 $27,755.80 $20.00 $25,940.009627 SF Construct 6" Full Depth AC Pavement Per Plans and Specifications Including Sawcut, Removal, and Disposal of Existing AC Pavement$25.00 $15,675.00 $20.00 $12,540.00 $18.00 $11,286.00 $15.00 $9,405.00 $11.00 $6,897.00 $10.00 $6,270.001036 LF Construct PCC Retaining Curb Per Plans and Specifications Including Sawcut, Removal, and Disposal of Existing Retaining Curb$50.00 $1,800.00 $55.00 $1,980.00 $50.00 $1,800.00 $55.00 $1,980.00 $67.30 $2,422.80 $60.00 $2,160.0011493 SF Construct 4" PCC Sidewalk Complete in Place Per Plans and Specifications Including Sawcut, Removal, and Disposal of Existing Sidewalk$12.00 $5,916.00 $10.00 $4,930.00 $11.00 $5,423.00 $13.00 $6,409.00 $12.35 $6,088.55 $10.50 $5,176.5012626 SF Construct PCC Driveway Per Plans and Specifications Including Sawcut, Removal, and Disposal of Existing Driveway$17.00 $10,642.00 $15.00 $9,390.00 $16.00 $10,016.00 $14.00 $8,764.00 $18.65 $11,674.90 $15.50 $9,703.001313 LF Construct PCC Retaining Curb and Paint it Red Per Plans and Specifications Including Sawcut, Removal, and Disposal of Existing Retaining Curb$75.00 $975.00 $55.00 $715.00 $50.00 $650.00 $75.00 $975.00 $66.40 $863.20 $60.00 $780.001410,966 SY 2" Cold Plane$2.60 $28,511.60 $2.00 $21,932.00 $2.00 $21,932.00 $2.35 $25,770.10 $2.59 $28,401.94 $2.65 $29,059.90151,234 TN 2" Asphalt Rubber Hot Mix Overlay (ARHM) $90.00 $111,060.00 $111.00 $136,974.00 $100.00 $123,400.00 $106.00 $130,804.00 $100.00 $123,400.00 $96.00 $118,464.00164 EA Remove Existing Tree Including Roots and Stump (Size 12" to 36" Diameter) $1,500.00 $6,000.00 $2,000.00 $8,000.00 $1,600.00 $6,400.00 $2,400.00 $9,600.00 $1,600.00 $6,400.00 $1,630.00 $6,520.001719 EA Adjust Existing Manholes to Finish Grade $1,000.00 $19,000.00 $1,000.00 $19,000.00 $1,000.00 $19,000.00 $1,100.00 $20,900.00$1,025.00 $19,475.00 $1,000.00 $19,000.001836 EA Adjust Existing Valve Can and Cover to Finish Grade $200.00 $7,200.00 $100.00 $3,600.00 $300.00 $10,800.00 $150.00 $5,400.00$60.00 $2,160.00 $340.00 $12,240.00191 LS Striping and Signage Per Signing and Striping Plan Complete in Place$10,000.00 $10,000.00 $6,187.00 $6,187.00 $6,000.00 $6,000.00 $6,500.00 $6,500.00 $7,760.00 $7,760.00 $6,400.00 $6,400.00202 EA Install Construction Notification Sign $1,200.00 $2,400.00 $1,000.00 $2,000.00 $1,600.00 $3,200.00 $1,000.00 $2,000.00 $2,100.00 $4,200.00 $1,100.00 $2,200.00BID $373,000.00BID $393,792.89TOTAL BASE BID AMOUNT: $450,000.60 CORRECTED $371,000.00 $375,000.00 $384,844.00 CORRECTED $380,292.89 $419,728.405VANCE CORPORATION THE R.J. NOBLE COMPANYBASE BID3BID DATE: MARCH 29, 2022ENGINEER'S ESTIMATECENTER AVENUE PAVEMENT REHABILIATION PROJECT- FROM 6TH STREET TO 8TH STREETAPPARENT LOW BIDDERONYX PAVING COMPANY, INC.4ALL AMERICAN ASPHALTHARDY & HARPER, INC.2ATTACHMENT 2&nbsp;&nbsp;Page 106 Page 1 of 4 DATE:April 20, 2022 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Noah Daniels, Finance Director SUBJECT:Consideration of (1) Resolution of Intent to Establish Street Lighting Services Community Facilities District No. 2022-01; (2) Resolution of Intent to Annex Future Territory to Street Lighting Services Community Facilities District No. 2022-01; (3) Resolution of Intent to Establish Industrial Area Services Community Facilities District No. 2022-02; (4) Resolution of Intent to Annex Future Territory to Industrial Area Services Community Facilities District No. 2022-02. (RESOLUTION NOS. 2022- 039, 2022-040, 2022-041 AND 2022-042) (CITY) RECOMMENDATION: Staff recommends that the City Council: 1. Adopt Resolution No. 2022-039, a Resolution declaring its intention to establish the Street Lighting Services Community Facilities District No. 2022-01 (Street Lighting CFD). 2. Adopt Resolution No. 2022-040, a Resolution declaring its intention to annex territory in the future to Street Lighting CFD. 3. Adopt Resolution No. 2022-041, a Resolution declaring its intention to establish the Industrial Area Services Community Facilities District No. 2022-02 (Industrial CFD). 4. Adopt Resolution No. 2022-042, a Resolution declaring its intention to annex territory in the future to Industrial CFD. BACKGROUND: Street Lighting CFD: Currently, the City has a process for placing all new projects into the existing Street Lighting Districts ("SLD") to help mitigate the costs for operating and maintaining street lighting associated with new development. The current SLDs were established in the early 1980s in conjunction with the development of the City. There are eight SLDs, consisting of approximately 56,883 total parcels, maintaining approximately 17,000 streetlights and 200 traffic signals. While intended to bear the costs of the improvements that provide a special benefit to the property owners, the SLDs cannot increase the assessment rate due to the passage of Proposition 218 in 1996, which required voter approval for rate increases after that date. The City's General Fund, per the city policy authorized by the City Council, has provided subsidies to maintain the services due to an inability to increase revenues for the existing SLDs. Eventually, all the SLDs will face similar financial issues due to the inability to increase assessment revenues. Page 107 Page 2 of 4 1 2 2 4 Industrial CFD: Starting in late 2020, it was noted that much of the industrial area that had been developed and operated by "legacy" uses and tenants was being redeveloped. Many of these major industrial businesses were present before the incorporation of the City or developed shortly after. In addition, the City recognized that many multiple smaller properties in the City's industrial area were relatively under-developed or developed with non-conforming uses. ANALYSIS: Street Lighting CFD Recognizing the long-term financial problem, Finance began analyzing the proposed Street Lighting CFD for future development, encompassing the City's boundary similar to the existing SLDs.On a go-forward basis, newly developed properties will become annexed into the proposed Street Lighting CFD instead of the SLD's. The assessment rates for the new Street Lighting CFD can be adjusted annually as operating costs increase. While the new CFD does not solve the fiscal challenges of the original SLD's, it will prevent the situation from worsening in the future. The Properties currently annexed into an existing SLD are not impacted by this action. The proposed Street Lighting CFD rates are based on the true budgeted costs for operating and maintaining the City's streetlights without any contributions from the City's General Fund or use of reserves. Also, the proposed rates include land use categories that are not part of the current SLDs but are necessary for current and future development. Expanding the land use categories in the Street Lighting CFD will help address mixed-use developments and the potential for accessory units on single family lots. Additionally, existing SLDs do not include a rate for undeveloped property, whereas the proposed Street Lighting CFD will offset costs for the parcels' administration. The undeveloped rate will allow the City to recover reasonable administrative costs for properties that have been annexed but have not yet developed. The table below illustrates the Street Lighting CFD rates by tax zone to correspond to the eight existing SLDs: Street Lighting CFD Single Family (per unit) Multi Family (per unit) Non- Residential (per acre) Undeveloped (per parcel) Zone 1 $22.67 $22.67 $45.34 $200.00 Zone 2 $75.17 $75.17 N/A $200.00 Zone 3 $47.15 $47.15 $94.30 $200.00 Zone 4 $28.96 $28.96 $57.92 $200.00 Zone 5 $63.79 N/A N/A $200.00 Zone 6 N/A N/A $51.40 $200.00 Zone 7 $58.64 $58.64 $117.28 $200.00 Zone 8 $37.79 $37.79 $75.58 $200.00 Page 108 Page 3 of 4 Following formation, and on an annual basis, the City will calculate the expenses and revenues from the SLDs and Street Lighting CFD. Then, annually, the Street Lighting CFD rates may be adjusted by a minimum of two percent (2%) to a maximum of six percent (6%) depending on the actual changes in costs. These revenues will pay for expenses attributable to maintaining and servicing streetlights, traffic signals, and appurtenant facilities. Industrial CFD: When the City Council took action to create a strategic pause to analyze and evaluate the City's industrial code in light of more modern industrial development trends, Finance began analyzing the financial impacts industrial development has on City's services. While industrial users create many economic benefits for the City, industrial development can also impact the City's streets and traffic management system, storm drain infrastructure, and calls for police services. To help gain a better understanding of the benefits and impacts generated by industrial development, the City developed a Fiscal Impact Analysis (FIA). The FIA factored in a holistic analysis of the benefits, such as increased property tax revenue, business and employee sales tax revenue, and impacts on public services and infrastructure. The FIA report concluded a revenue shortfall of almost $3.5 million between projected revenues from future industrial development and estimated expenditures. The FIA calculated approximately $12,000 per acre would be needed to eliminate this shortfall to mitigate this fiscal impact. To determine if this mitigation amount was financially feasible, staff met with several industrial developers and brokers to discuss and evaluate market rents, property maintenance and development costs, existing and planned governmental taxes, and reasonable rates of return on investments. After these discussions, the staff determined it was financially feasible to set the CFDs rate at $5,852 per acre for industrial development. Unlike the Street Lighting CFD, the Industrial CFD is only applicable to the industrial portion of the City. The proposed Industrial CFD will provide revenues for maintaining and servicing street and roadway services and facilities, storm drain repair and maintenance, police safety calls and service, landscaping and beautifying industrial areas, and creating a capital reserve account for future repairs and maintenance in the industrial area. Like the Street Lighting CFD, on an annual basis, the City will evaluate revenues and expenditures for the services to the industrial area and adjust the Industrial CFD rate by a minimum of two percent (2%) to a maximum of six percent (6%) depending on the actual changes in costs. Resolutions of Intention to Establish Street Lighting CFD and Industrial CFD: The City initiated both the Street Lighting CFD and Industrial CFD and collaborated with Bridge Point Rancho Cucamonga, LLC ("Bridge") as the initial property owner to annex into both CFDs. The initial property location for both CFDs is identified on the attached Boundary Map and consists of two assessor's parcels, 0229-283-50 and 0229-283-51, more commonly referred to as 12434 4th Street, Rancho Cucamonga, CA 91730. Bridge submitted a petition demonstrating their concurrence to form both CFDs and their consent of the proposed levy. The petition is on file with the City Clerk. The first step in forming a community facilities district is the approval by the City Council of the Resolution of Intention. The attached resolutions for the Street Lighting CFD and Industrial CFD reference the boundary map and assessor's parcels for the properties that will become part of the CFD when formed. Also included are the Rate and Method of Apportionment and a description of the authorized services. These resolutions require a public hearing on June 1, 2022, when a qualified electors (Bridge) election will be conducted. Page 109 Page 4 of 4 1 2 2 4 After adopting the Resolutions of Intention, a public notice will be published in a local paper and mailed to Bridge. On June 1, 2022, following the public hearing, the City Council may then adopt resolutions authorizing the formation of the CFDs and calling an election regarding the proposed levy. The City Clerk will receive the ballots of the qualified electors before the public hearing and, at the public hearing, will provide the results of the election. The final action by the City Council will be to adopt an ordinance authorizing the levy of special taxes. A second reading of the ordinance is anticipated for June 15, 2022. Resolution Declaring Intention for Future Annexations: The Resolutions of Intention for Future Annexations will streamline staff and legal work regarding the annexation process, thus reducing both time and costs. To ensure the annexations are completed, a condition of approval requiring a property to annex to one, or both in the case of industrial development, of the CFDs will be applied through the development approval process. The applicant will pay for the costs of future annexations for the property to be annexed. The proposed boundary map for the future annexation area for the Street Lighting CFD is the City's boundaries, whereas the Industrial CFD consists of only the industrial portion of the City. The City of Rancho Cucamonga submitted a petition for Street Lighting CFD and Industrial CFD requesting the City Council initiate proceedings to annex territory in the future. These petitions are on file with the City Clerk. FISCAL IMPACT: The total fiscal impacts of the Street Lighting CFD and Industrial CFD cannot be determined because it applies to future development. The Street Lighting CFD will maintain streetlights, traffic signals, and appurtenant facilities. The Street Lighting CFD rates can be adjusted annually based on actual operating cost increases. The current SLDs cannot increase which results in the City's General Fund subsidizing the operations of the SLDs. Once the Street Lighting CFD is formed any new development that is annexed will pay for the true costs of street lighting services and not be subsidized by the City's General Fund. The Industrial CFD generates revenue for maintaining street and roadway services and facilities, storm drain repair and maintenance, police safety calls and service, landscaping and beautifying industrial areas, and creating a capital reserve. Although the Industrial CFD rate per acre is less than the shortfall determined by the FIA, the revenues will help offset the impacts of new industrial development in the City. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item supports the City Council's core values of intentionally embracing and anticipating the future. ATTACHMENTS: Attachment 1 – Resolution of Intention for CFD 2022-01 Attachment 2 – Resolution of Future Annexation for CFD 2022-01 Attachment 3 – Resolution of Intention for CFD 2022-02 Attachment 4 – Resolution of Future Annexation for CFD 2022-02 Page 110 Resolution No. 2022-039 - Page 1 of 6 RESOLUTION NO. 2022-039 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 2022-01 (STREET LIGHTING SERVICES) OF THE CITY OF RANCHO CUCAMONGA AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE MAINTENANCE OF STREET LIGHTS WHEREAS, the City of Rancho Cucamonga (the "City") at this time desires to initiate proceedings to create a community facilities district pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act") for the purpose of providing an alternative method of financing the municipal maintenance services necessary to serve new development within such community facilities district; and WHEREAS, this community facilities district shall hereinafter be referred to as Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga ("CFD No. 2022-01"); and WHEREAS, the Act provides that the City Council may initiate proceedings to establish a community facilities City only if it has first considered and adopted local goals and policies concerning the use of the Act; and WHEREAS, this City Council has adopted local goals and policies as required pursuant to the Act; and WHEREAS, this City Council now desires to proceed to adopt its resolution of intention to initiate proceedings for the establishment of CFD No. 2022-01, to set forth the boundaries for CFD No. 2022-01, to indicate the type of services to be financed by CFD No. 2022-01, to indicate the rate and apportionment of special tax sufficient to finance such services and to set a time and place for a public hearing relating to the establishment of CFD No. 2022-01; and WHEREAS, a map of CFD No. 2022-01 (the "Boundary Map") is on file in the Office of the City Clerk showing the boundaries of the territory proposed for inclusion in CFD No. 2022-01 upon the initial establishment of CFD No. 2022-01 including properties and parcels of land proposed to be subject to the levy of the special tax by CFD No. 2022- 01. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: Attachment 1 Page 111 Resolution No. 2022-039 - Page 2 of 6 2 3 1 7 Section 1. Recitals. The above recitals are all true and correct. Section 2. Initiation of Proceedings. These proceedings are initiated by this City Council pursuant to the authorization of Section 53318 of the Government Code of the State of California and the other provisions of the Act. Section 3. Boundaries of CFD No. 2022-01. It is the intention of this City Council to establish CFD No. 2022-01 pursuant to the provisions of the Act, and to determine the boundaries and parcels on which the special tax may be levied to finance the Authorized Services (defined in Section 5 below). A description of the boundaries of the territory proposed for inclusion in CFD No. 2022-01 including properties and parcels of land proposed to be subject to the levy of the special tax by CFD No. 2022-01 is as follows: All that property as shown on the Boundary Map designated as "Proposed Boundaries of Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga, County of San Bernardino, State of California" a copy of which is on file in the Office of the City Clerk and shall remain open for public inspection. Said map is approved and, pursuant to Section 3110 of the California Streets and Highways Code, the City Clerk shall, after conforming with the other requirements of Section 3111 of said Code, record the original of said map, and not later than fifteen (15) days prior to the date of the public hearing set forth in Section 7 hereof shall file a copy of said map with the County Recorder of the County of San Bernardino. Section 4. Name of the Community Facilities District. The name of the Community Facilities District proposed to be established shall be known and designated as "Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga, County of San Bernardino, State of California." Section 5. Descriptions of Services and Determination of Necessity. It is the intention of this City Council to finance certain street light maintenance which are more particularly described is in Exhibit A (the "Authorized Services") attached hereto and incorporated herein by this reference. The City Council finds that the Authorized Services described in this Section 5 hereof are necessary to meet increased demands placed upon the City as a result of new development occurring within the boundaries of the proposed CFD No. 2022-01. Section 6. Special Tax. It is hereby further proposed that, except where funds are otherwise available, a special tax sufficient to finance the Authorized Services (the "Special Tax") and related incidental expenses authorized by the Act, secured by recordation of a continuing lien against all non-exempt real property in CFD No. 2022-01, will be levied annually within the boundaries of such CFD No. 2022-01. For further particulars as to the rates and method of apportionment of the proposed Special Tax, Page 112 Resolution No. 2022-039 - Page 3 of 6 2 3 1 7 reference is made to the attached and incorporated Exhibit B (the "Rates and Method"), which sets forth in sufficient detail the rate and method of apportionment of the Special Tax to allow each landowner or resident within proposed CFD No. 2022-01 to clearly estimate the maximum amount of Special Tax that such person will have to pay for the Authorized Services. The Special Tax may not be prepaid. The Special Tax herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes or in such other manner as this City Council or its designee shall determine, including direct billing of the affected property owners. Such Special Tax shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. Any Special Tax that may not be collected on the County tax roll shall be collected through a direct billing procedure by the City. Pursuant to Government Code Section 53340 and except as provided in Government Code Section 53317.3, properties of entities of the state, federal, and local governments shall be exempt from the levy of the Special Tax. Section 7. Public Hearing. NOTICE IS GIVEN THAT ON JUNE 1, 2022 AT 7:00 PM, IN THE REGULAR MEETING PLACE OF THE CITY COUNCIL BEING 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA, 91730 OR VIA TELECONFERENCE AS DIRECTED BY THE CITY DUE TO COVID-19 SOCIAL DISTANCING GUIDELINES, A PUBLIC HEARING WILL BE HELD WHERE THIS CITY COUNCIL WILL CONSIDER THE ESTABLISHMENT OF THE PROPOSED CFD NO. 2022-01, THE PROPOSED METHOD AND APPORTIONMENT OF THE SPECIAL TAX, AND ALL OTHER MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION. AT THE ABOVE-MENTIONED TIME AND PLACE FOR PUBLIC HEARING ANY INTERESTED PERSONS, INCLUDING TAXPAYERS AND PROPERTY OWNERS MAY APPEAR AND BE HEARD. THE TESTIMONY OF ALL INTERESTED PERSONS FOR OR AGAINST THE ESTABLISHMENT OF THE COMMUNITY FACILITIES DISTRICT, THE EXTENT OF THE COMMUNITY FACILITIES DISTRICT, OR THE FINANCING OF AUTHORIZED SERVICES, WILL BE HEARD AND CONSIDERED. ANY PROTESTS MAY BE MADE ORALLY OR IN WRITING. HOWEVER, ANY PROTESTS PERTAINING TO THE REGULARITY OR SUFFICIENCY OF THE PROCEEDINGS SHALL BE IN WRITING AND CLEARLY SET FORTH THE IRREGULARITIES AND DEFECTS TO WHICH THE OBJECTION IS MADE. ALL WRITTEN PROTESTS SHALL BE FILED WITH THE CITY CLERK ON OR BEFORE THE TIME FIXED FOR THE PUBLIC HEARING. WRITTEN PROTESTS MAY BE WITHDRAWN IN WRITING AT ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING. IF A WRITTEN MAJORITY PROTEST AGAINST THE ESTABLISHMENT OF CFD NO. 2022-01 IS FILED, THE PROCEEDINGS SHALL BE ABANDONED. IF SUCH MAJORITY PROTEST IS LIMITED TO CERTAIN AUTHORIZED SERVICES, THOSE SERVICES SHALL BE ELIMINATED BY THE CITY COUNCIL. Section 8. Election. If, following the public hearing described in the Section above, the City Council determines to establish CFD No. 2022-01 and proposes to levy Page 113 Resolution No. 2022-039 - Page 4 of 6 2 3 1 7 the Special Tax within CFD No. 2022-01, the City Council shall then submit the levy of the Special Tax to the qualified electors of CFD No. 2022-01. If at least twelve (12) persons, who need not necessarily be the same 12 persons, have been registered to vote within CFD No. 2022-01 for each of the ninety (90) days preceding the close of the public hearing, the vote shall be by registered voters of CFD No. 2022-01, with each voter having one (1) vote. Otherwise, the vote shall be by the landowners of CFD No. 2022-01 who were the owners of record at the close of the subject hearing, with each landowner or the authorized representative thereof, having one (1) vote for each acre or portion of an acre of land owned within CFD No. 2022-01. A successful election relating to the Special Tax authorization shall, as applicable, establish the appropriations limit as authorized by Article XIIIB of the California Constitution as it is applicable to CFD No. 2022-01. Section 9. Notice of Public Hearing. Notice of the time and place of the public hearing shall be given by the City Clerk by causing the publication of a Notice of Public Hearing in the legally designated newspaper of general circulation, such publication pursuant to Section 6061 of the Government Code, with such publication to be completed at least seven (7) days prior to the date set for the public hearing. Section 10. Report. The City Manager, as the officer of the City who will be responsible for providing the Authorized Services to be provided within and financed by CFD No. 2022-01, if established, shall study or cause CFD No. 2022-01 to be studied, and, at or before the time of the public hearing as described in Section 7, file a report or cause a report to be filed with the City Council containing a brief description of the Authorized Services which will in his opinion be required to adequately meet the needs of CFD No. 2022-01, and his or her estimate of the fair and reasonable cost of providing such services, and the incidental expenses to be incurred in connection therewith. Such report shall be made a part of the record of the hearing to be held pursuant to Section 7 hereof. Section 11. Advances of Funds or Work In-Kind. At any time either before or after the formation of CFD No. 2022-01, the City Council may accept advances of funds or work-in-kind from any source, including, but not limited to, private persons or private entities and may provide, by resolution, for the use of those funds or that work-in-kind for any authorized purpose, including, but not limited to, paying any cost incurred by the City in creating CFD No. 2022-01. The City may enter into an agreement, by resolution, with the person or entity advancing the funds or work-in-kind, to repay all or a portion of the funds so advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work-in-kind, as determined by the City Council. No such agreement shall constitute a debt or liability of the City. Page 114 Resolution No. 2022-039 - Page 5 of 6 2 3 1 7 Section 12. Effective Date. This resolution shall become effective upon its adoption. ADOPTED by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting thereof held this 20th day of April, 2022, by the following roll call vote to wit: Page 115 Resolution No. 2022-039 - Page 6 of 6 2 3 1 7 PASSED, APPROVED and ADOPTED this 20th day of April, 2022. __________________________________ L. Dennis Michael, Mayor ATTEST: __________________________________ Janice C. Reynolds, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 20th day of April, 2022. AYES: NOES: ABSENT: ABSTAINED: Executed this 21st day of April, 2022, at Rancho Cucamonga, California. __________________________________ Janice C. Reynolds, City Clerk Page 116 A-1 EXHIBIT A DESCRIPTION OF AUTHORIZED SERVICES The City may finance any services which may be funded with proceeds of the special tax of CFD No. 2022-01, authorized pursuant to Section 53313 of the Act, including but not limited to all costs attributable to maintaining and servicing street lights, traffic signals and appurtenant facilities throughout CFD No. 2022-01. Services include personnel, materials, contracting services, utilities, and all necessary costs associated with the maintenance, replacement, and repair required to keep the improvements in operational and satisfactory condition. In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay "Administrative Expenses," as said term is defined in the Rate and Method. Page 117 Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga Page 1 B-1 ATTACHMENT 1 EXHIBIT B RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT NO. 2022-01 (STREET LIGHTING SERVICES) OF THE CITY OF RANCHO CUCAMONGA A Special Tax, as hereinafter defined, shall be levied and collected for Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga (“CFD No. 2022-01”) each Fiscal Year commencing in Fiscal Year 2022/23, in an amount determined by the application of the procedures below. All Taxable Property, as hereinafter defined, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meaning: “Accessory Dwelling Unit” or “ADU” means a secondary residential unit of limited size, as defined in California Government Code Section 65852.2, as may be amended from time to time, that is accessory to a single-unit dwelling. The ADU may be on the same Assessor’s Parcel as the single- unit dwelling or on a separate Assessor’s Parcel. For purposes of clarification, where an ADU and primary Unit are on the same Assessor’s Parcel, the ADU located on such Assessor’s Parcel is considered a separate Unit from the primary Unit on such Assessor’s Parcel for purposes of the Special Tax. Should an Assessor’s Parcel contain only an ADU, such Assessor’s Parcel will be taxed as an ADU only. “Acre or Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map or in the Assessor’s Data for each Assessor’s Parcel. In the event that the Assessor’s Parcel Map or Assessor’s Data shows no acreage, the Acreage for any Assessor’s Parcel may be determined by the CFD Administrator based upon the applicable condominium plan, final map, parcel map or calculated using available spatial data and GIS. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1, Division 2 of Title 5 of the Government Code of the State. “Administrative Expenses” means the actual or reasonably estimated costs directly related to the administration of CFD No. 2022-01 including, but not limited to, the following: the costs of computing the Annual Special Tax Requirement and the annual Special Tax and of preparing the annual Special Tax collection schedules; the costs of collecting the Special Tax, including any charges levied by the County Auditor’s Office, Tax Collector’s Office or Treasurer’s Office; the costs of the City or designee in complying with the disclosure requirements of the California Government Code (including the Act), including public inquiries regarding the Special Tax; the costs of the City or designee related to an appeal of the Special Tax; and the costs of commencing and pursuing to completion any action arising from any delinquent Special Tax in CFD No. 2022-01. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2022-01 for any other administrative purposes, including, but not limited to, attorney’s fees. Page 118 Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga Page 2 B-2 “Annual Services Costs” means the amounts required to fund services authorized to be funded by CFD No. 2022-01. “Annual Special Tax Requirement” means that amount with respect to CFD No. 2022-01 determined by the City Council or designee as required in any Fiscal Year to pay: (1) the Administrative Expenses, (2) the Annual Services Costs, (3) any amount required to establish or replenish any reserve or replacement fund established in connection with CFD No. 2022-01, and (4) any reasonably anticipated delinquent Special Tax based on the delinquency rate for any Special Tax levied in the previous Fiscal Year. “Assessor’s Data” means Units, Acreage, or other information contained in the records of the County Assessor for each Assessor’s Parcel. “Assessor’s Parcel” or “Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number. “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number. “Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that number assigned to such Assessment’s Parcel by the County Assessor for purposes of identification. “Boundary Map” means that map recorded with the County recorder’s office on _______ in Book __ at Page __ as Document Number _____. “CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Annual Special Tax Requirement and providing for the levy and collection of the Special Taxes. “CFD No. 2022-01” means Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga. “City” means the City of Rancho Cucamonga. “City Council” means the City Council of the City, acting as the legislative body of CFD No. 2022-01. “County” means the County of San Bernardino, California. “County Assessor” means the County Assessor of the County. “Developed Property” means, in any Fiscal Year, all Taxable Property in CFD No. 2022-01 for which a building permit for new construction was issued by the City prior to April 1 of the preceding Fiscal Year. “Exempt Property” means all Assessors’ Parcels within the boundary of CFD No. 2022-01 which are exempt from the Special Tax pursuant to Section E. “Fiscal Year” means the period starting July 1 and ending on the following June 30. “GIS” means a geographic information system. “Maximum Special Tax” means the maximum Special Tax authorized for levy in any Fiscal Year that may apply to Taxable Property as described in Section C. Page 119 Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga Page 3 B-3 “Mixed Use Property” means all Assessor’s Parcels that have been classified by the City to allow multiple uses on each such Assessor’s Parcel. For an Assessor’s Parcel of Mixed Use Property, each property use thereon is subject to taxation pursuant to section C below. The Acreage used to calculate the Special Tax for a portion of an Assessor’s Parcel that is Non-Residential Property shall include only the share of such Assessor’s Parcel that will be used as Non-Residential Property, to include structures, parking and other Parcel area. “Multi-Family Residential Property” means, in any Fiscal Year, all Assessor’s Parcels of Developed Property with two or more Units that share a single Assessor’s Parcel Number, are offered for rent to the general public, and cannot be purchased by individual homebuyers, according to Assessor’s Data or as otherwise known by the CFD Administrator. Multi-Family Property also means, in any Fiscal Year, all Assessor’s Parcels of Developed Property with one Unit with a single Assessor’s Parcel Number that is a condominium pursuant the definition in Civil Code Section 4125 or a townhome. “Non-Residential Property” means all Assessor’s Parcels of Developed Property within the boundaries of CFD 2022-01 for which a building permit(s) has been issued for a non-residential structure(s). “Open Space Property” means property within the boundaries of CFD No. 2022-01 which (i) has been designated with specific boundaries and Acreage on a final subdivision map as open space, (ii) is classified by the County Assessor as open space, (iii) has been irrevocably offered for dedication as open space to the federal government, the State, the County, the City, or any other public agency, or (iv) is encumbered by an easement or other restriction required by the City limiting the use of such property to open space. “Property Owner’s Association” means any property owner’s association. As used in this definition, a Property Owner’s Association includes any home-owner’s association, condominium owner’s association, master or sub-association or non-residential owner’s association. “Property Owner’s Association Property” means any property within the boundaries of CFD No. 2022-01 which is (a) owned by a Property Owner’s Association or (b) designated with specific boundaries and acreage on a final subdivision map as property owner association property. “Proportionately” means for Developed Property and Undeveloped Property, that the ratio of the Special Tax levy to the Maximum Annual Special Tax is equal within each respective Tax Zone. “Public Property” means any property within the boundaries of CFD No. 2022-01 which (i) is owned by a public agency, (ii) has been irrevocably offered for dedication to a public agency, or (iii) is designated with specific boundaries and Acreage on a final subdivision map as property which will be owned by a public agency. For purposes of this definition, a public agency includes the federal government, the State, the County, the City, school districts, or any other public agency. “Rate and Method of Apportionment” means this Rate and Method of Apportionment of Special Tax for CFD No. 2022-01. “Single Family Residential Property” means all Assessor’s Parcels of Developed Property with a residential structure intended as a single primary Unit. Page 120 Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga Page 4 B-4 “Special Tax” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Annual Special Tax Requirement. “State” means the State of California. “Tax Escalation Factor” means on July 1 of each Fiscal Year, commencing on July 1, 2023, the Maximum Special Tax as shown in Section C shall be increased by a minimum of two percent (2%) to a maximum of six percent (6%), determined on an annual basis as needed to satisfy the Special Tax Requirement. “Tax Zone” means an area within which the Special Tax may be levied pursuant to this Rate and Method of Apportionment. All the Taxable Property within CFD No. 2022-01 at the time of its formation is within Tax Zone Nos. 1 and 6. Additional Tax Zones may be created when property is annexed to CFD No. 2022-01, and a separate Maximum Special Tax shall be identified for property within each new Tax Zone at the time of such annexation. The Assessor’s Parcels included within a new Tax Zone when such Parcels are annexed to CFD No. 2022-01 shall be identified by Assessor’s Parcel number in the annexation documents at the time of annexation. “Taxable Property” means all the Assessor’s Parcels within the boundaries of CFD No. 2022-01 that are not exempt from the Special Tax pursuant to law or Section E below. “Undeveloped Property” means all the Assessor’s Parcels of Taxable Property within the boundaries of CFD No. 2022-01 that are not Developed Property. “Unit” means an individual residential living space. The number of Units assigned to each Assessor’s Parcel may be determined by (i) referencing Assessor’s Data, (ii) site surveys and physical unit counts, and/or (iii) other research by the CFD Administrator. “Welfare Exempt Property” means, in any Fiscal Year, all Parcels within the boundaries of CFD No. 2022-01 that have been granted a welfare exemption by the County under subdivision (g) of Section 214 of the Revenue and Taxation Code. B. DETERMINATION OF TAXABLE PARCELS On, or about, July 1 of each Fiscal Year, the CFD Administrator shall determine the valid Assessor’s Parcel Numbers for all Taxable Property within CFD No. 2022-01. If any Assessor’s Parcel Numbers are no longer valid, the CFD Administrator shall determine the new Assessor’s Parcel Number or Numbers in effect for the then-current Fiscal Year. To the extent a Parcel or Parcels of Taxable Property are subdivided, consolidated, or otherwise reconfigured, the Maximum Special Tax shall be assigned to the new Assessor’s Parcels Numbers pursuant to Section C. The CFD Administrator shall also determine: (i) the Tax Zone within which each Parcel is located; (ii) which Parcels are Developed Property and Undeveloped Property; (iii) the number of Units or Acreage each Parcel contains; (iv) the property type, i.e., Single Family Residential Property, Non-Residential Property, etc.; and (v) the Annual Special Tax Requirement for the Fiscal Year. C. MAXIMUM ANNUAL SPECIAL TAX RATE The Maximum Special Tax for each Assessor’s Parcel of Taxable Property within Tax Zone Nos. 1-8 shall be assigned according to the tables on the following pages. Page 121 Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga Page 5 B-5 In some instances, an Assessor’s Parcel of Developed Property may contain more than one property land use. The Maximum Special Tax assigned to an Assessor’s Parcel of Mixed Use Property shall be the sum of the Maximum Special Tax for all property uses located on that Assessor’s Parcel. Additionally, Accessory Dwelling Units will be levied at 50% of the applicable Maximum Special Tax Rate for the property type of the primary Unit. Tax Zone No. 1 Property Land Use 2022/23 Maximum Special Tax Rate Single Family Residential Property $22.67 per Unit Multi-Family Residential Property $22.67 per Unit Non-Residential Property $45.34 per Acre Undeveloped Property $200.00 per Parcel * On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor. Tax Zone No. 2 Property Land Use 2022/23 Maximum Special Tax Rate Single Family Residential Property $75.17 per Unit Multi-Family Residential Property $75.17 per Unit Undeveloped Property $200.00 per Parcel * On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor. Tax Zone No. 3 Property Land Use 2022/23 Maximum Special Tax Rate Single Family Residential Property $47.15 per Unit Multi-Family Residential Property $47.15 per Unit Non-Residential Property $94.30 per Are Undeveloped Property $200.00 per Parcel * On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor. Page 122 Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga Page 6 B-6 Tax Zone No. 4 Property Land Use 2022/23 Maximum Special Tax Rate Single Family Residential Property $28.96 per Unit Multi-Family Residential Property $28.96 per Unit Non-Residential Property $57.92 per Acre Undeveloped Property $200.00 per Parcel * On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor. Tax Zone No. 5 Property Land Use 2022/23 Maximum Special Tax Rate Single Family Residential Property $63.79 per Unit Undeveloped Property $200.00 per Parcel * On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor. Tax Zone No. 6 Property Land Use 2022/23 Maximum Special Tax Rate Non-Residential Property $51.40 per Acre Undeveloped Property $200.00 per Parcel * On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor. Tax Zone No. 7 Property Land Use 2022/23 Maximum Special Tax Rate Single Family Residential Property $58.64 per Unit Multi-Family Residential Property $58.64 per Unit Non-Residential Property $117.28 per Acre Undeveloped Property $200.00 per Parcel * On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor. Page 123 Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga Page 7 B-7 Tax Zone No. 8 Property Land Use 2022/23 Maximum Special Tax Rate Single Family Residential Property $37.79 per Unit Multi-Family Residential Property $37.79 per Unit Non-Residential Property $75.58 per Acre Undeveloped Property $200.00 per Parcel * On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor. On July 1 of each Fiscal Year, commencing on July 1, 2023, the Maximum Special Tax for Tax Zone Nos. 1-8 shall be increased by an amount equal to the Tax Escalation Factor. A different Maximum Special Tax rate and Tax Escalation Factor may be identified in Tax Zones added to CFD No. 2022-01 as a result of future annexations. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX All Taxable Property shall be subject to a Special Tax defined as follows. The Special Tax shall be levied each Fiscal Year by the CFD Administrator. The Annual Special Tax Requirement shall be apportioned to each Parcel within CFD No. 2022-01 by the method shown below. First: Determine the Annual Special Tax Requirement. Second: Levy the Special Tax on each Parcel of Developed Property and Undeveloped Property, Proportionately, up to the applicable Maximum Special Tax. Under no circumstances will the Special Tax on any Assessor’s Parcel used for private residential purposes be increased by more than 10% as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 2022-01. E. EXEMPTIONS Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on Property Owner’s Association Property, Assessor’s Parcels with public or utility easements making impractical their utilization for any use other than the purposes set forth in the easement, or Public Property, except as otherwise provided in Sections 53317.3, 53317.5, and 533401 of the Act. Welfare Exempt Property shall thereafter be exempt from the Special Tax for as long as the property qualifies as Welfare Exempt Property. F. APPEAL OF SPECIAL TAX LEVY Any property owner may file a written appeal of the Special Tax with the CFD Administrator claiming that the amount or application of the Special Tax is not correct. The appeal must be filed not later Page 124 Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga Page 8 B-8 than one calendar year after having paid the Special Tax that is disputed, and the appellant must be current in all payments of the Special Tax. In addition, during the term of the appeal process, all Special Tax levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the property owner disagrees with the CFD Administrator’s decision relative to the appeal, the owner may then file a written appeal with the City Council whose subsequent decision shall be final and binding on all interested parties. If the decision of the CFD Administrator or subsequent decision by the City Council requires the Special Tax to be modified or changed in favor of the property owner, the CFD Administrator shall determine if sufficient Special Tax revenue is available to make a cash refund. If a cash refund cannot be made, then an adjustment shall be made to credit future Special Taxes. This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner. G. INTERPRETATION OF RATE AND METHOD OF APPORTIONMENT The City Council may, by resolution or ordinance, interpret, clarify and/or revise this Rate and Method of Apportionment to correct any inconsistency, vagueness, or ambiguity as it relates to the Special Taxes, method of apportionment, classification of Assessor’s Parcels, or any definition used herein, as long as such correction does not materially affect the levy and collection of Special Taxes. In addition, the interpretation and application of any section of this document shall be at the City’s discretion. H. MANNER AND DURATION OF SPECIAL TAX The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided that the City may directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner if needed to meet the financial obligations of CFD No. 2022-01, and may collect delinquent Special Taxes through available methods. A Special Tax shall be levied commencing in Fiscal Year 2022/23 to the extent necessary to satisfy the Annual Special Tax Requirement and shall be levied for as long as required to satisfy the Annual Special Tax Requirement. I. PREPAYMENT OF SPECIAL TAX The Special Tax may not be prepaid. Page 125 Resolution No. 2022-040 - Page 1 of 4 RESOLUTION NO. 2022-040 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING INTENTION TO ANNEX TERRITORY IN THE FUTURE TO COMMUNITY FACILITIES DISTRICT NO. 2022-01 (STREET LIGHTING SERVICES) OF THE CITY OF RANCHO CUCAMONGA WHEREAS, the City of Rancho Cucamonga (the "City") desires to provide the authorization to annex territory in the future to a community facilities district pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"), and specifically Article 3.5 thereof. The community facilities district has been designated as Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga ("CFD No. 2022- 01"); and, WHEREAS, it is determined to be within the public interest and convenience to establish a procedure to allow and provide for future annexations to CFD No. 2022-01 and further to specify the amount of special tax that would be levied and set forth the terms and conditions for certification of any annexation in the future; and, WHEREAS, the territory proposed to be annexed in the future shall be known and designated as Future Annexation Area Community Facilities District No. 2022-01 (the "Future Annexation Area"), and a map designated as "Proposed Boundaries of the Future Annexation Area of Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga, County of San Bernardino, State of California" showing the territory proposed to be annexed in the future is on file in the Office of the City Clerk and shall be kept with the transcript of these proceedings. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: Section 1. Recitals. The above recitals are all true and correct. Section 2. Authorization. These proceedings for future annexations are authorized and initiated by this legislative body pursuant to the authorization of the Act and specifically Section 53339.2 of the Government Code of the State of California. Section 3. Public Convenience and Necessity. This City Council hereby determines that the public convenience and necessity requires a procedure to allow and authorize territory to be annexed in the future to CFD No. 2022-01 in order to finance the costs and expenses for the authorized services Section 4. Boundaries of CFD No. 2022-01 and Territory Proposed to be Annexed in the Future. A general description of the territory included in CFD No. 2022-01 is hereinafter described as follows: Attachment 2 Page 126 Resolution No. 2022-040 - Page 2 of 4 All that property and territory as previously included within CFD No. 2022-01, as said property was shown on a map designated as "Proposed Boundaries of Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga, County of San Bernardino, State of California," a copy of which is on file in the Office of the City Clerk and shall remain open for public inspection. A description of the boundaries and territory proposed to be annexed in the future is as follows: All that property and territory proposed to be annexed in the future to CFD No. 2022-01, as said property is shown on the map designated as “Proposed Boundaries of the Future Annexation Area of Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga, County of San Bernardino, State of California,” a copy of which is on file in the Office of the City Clerk and shall remain open for public inspection. Future annexation proceedings may only be completed with the unanimous consent of the owner or owners of any parcel proposed for annexation. Section 5. Name of CFD No. 2022-01 and Future Annexation Area. The name of CFD No. 2022-01 is "Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga, County of San Bernardino, State of California", and the designation for the Future Annexation Area shall be Future Annexation Area, Community Facilities District No. 2022-01 (Street Lighting Services). Section 6. Authorized Services. The types of services to be financed from the levy of the special tax in CFD No. 2022-01, including the Future Annexation Area, are those described in Exhibit A hereto which is incorporated herein by this reference ("Authorized Services"). The Authorized Services to be financed by the levy of special taxes to be levied on specific territory within the Future Annexation Area to be annexed to CFD No. 2022-01 may include some or all of such Authorized Services or may include alternatives to the Authorized Services. The Authorized Services shall to the maximum extent practicable, taking into account budgetary and operational demands of the City, be provided in common within CFD No. 2022-01 and the Future Annexation Area. The City Council finds that the Authorized Services described in this Section 6 hereof are necessary to meet increased demands placed upon the City as a result of new development occurring within the boundaries of CFD No. 2022-01 and the Future Annexation Area. Section 7. Special Tax. It is hereby further proposed that, except where funds are otherwise available, a special tax sufficient to finance the Authorized Services (the "Special Tax") to be provided in the territory of the Future Annexation Area upon the annexation of such territory to CFD No. 2022-01 and related incidental expenses authorized by the Act, secured by recordation of a continuing lien against all non-exempt real property in the Future Annexation Area that annexes to CFD No. 2022-01, will be levied annually within the boundaries of the territory within the Future Annexation Area upon the annexation of such territory to CFD No. 2022- Page 127 Resolution No. 2022-040 - Page 3 of 4 01. For further particulars as to the rates and method of apportionment of the proposed Special Tax, reference is made to the attached and incorporated Exhibit B (the "Rates and Method"), which sets forth in sufficient detail the rate and method of apportionment of the Special Tax to allow each landowner or resident within the territory in proposed Future Annexation Area to clearly estimate the maximum amount of the Special Tax that such person will have to pay for the Authorized Services upon the annexation of such territory to CFD No. 2022-01. The Special Tax may not be prepaid. Notwithstanding the foregoing, if the actual cost of providing Authorized Services to territory within any territory within the proposed Future Annexation Area is higher or lower than the cost of providing such services within the existing Community Facilities District, a higher or lower special tax may be levied within such territory subject to the unanimous approval and election of the owner or owners of such territory. In any such circumstance, the Rate and Method may be revised to reflect the higher or lower special tax, as applicable. The Special Tax herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes or in such other manner as this City Council or its designee shall determine, including direct billing of the affected property owners. Such Special Tax shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. Any Special Tax that may not be collected on the County tax roll shall be collected through a direct billing procedure by the City. Pursuant to Government Code Section 53340 and except as provided in Government Code Section 53317.3, properties of entities of the state, federal, and local governments shall be exempt from the levy of the Special Tax. Section 8. Effective Date of Future Annexation. Annexation of territory in the future shall be effective upon the unanimous approval and election of the owner or owners of any such parcel authorizing the levy of the Special Tax upon such parcel following the annexation of such parcel to CFD No. 2022-01, and no further public hearings or additional proceedings will be required to accomplish such annexation. Section 9. Public Hearing. NOTICE IS GIVEN THAT ON JUNE 1, 2022 at 7:00 PM, IN THE REGULAR MEETING PLACE OF THE CITY COUNCIL OF BEING 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA OR VIA TELECONFERENCE AS DIRECTED BY THE CITY DUE TO COVID-19 SOCIAL DISTANCING GUIDELINES, A PUBLIC HEARING WILL BE HELD WHERE THIS CITY COUNCIL WILL CONSIDER THE ANNEXATION OF CERTAIN TERRITORY IN THE FUTURE TO THE CFD NO. 2022-01, THE PROPOSED METHOD AND APPORTIONMENT OF THE SPECIAL TAX TO BE LEVIED WITHIN SAID PROPOSED FUTURE ANNEXATION AREA AND ALL OTHER MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION. ANY INTERESTED PERSONS MAY APPEAR AND BE HEARD, AND WRITTEN PROTESTS SHALL BE FILED ON OR BEFORE THE TIME FIXED FOR THE PUBLIC HEARING. Section 10. Notice. Notice of the time and place of the public hearing shall be given by the City Clerk by causing the publication of a Notice of Public Hearing in the legally designated newspaper of general circulation, such publication pursuant to Section 6061 of the Government Code, with such publication to be completed at least seven (7) days prior to the date set for the public hearing. Page 128 Resolution No. 2022-040 - Page 4 of 4 Section 11. Effective Date. This resolution shall become effective upon its adoption. ADOPTED by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting thereof held this 20th day of April, 2022, by the following roll call vote to wit: PASSED, APPROVED and ADOPTED this 20th day of April, 2022. __________________________________ L. Dennis Michael, Mayor ATTEST: __________________________________ Janice C. Reynolds, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 20th day of April, 2022. AYES: NOES: ABSENT: ABSTAINED: Executed this 21st day of April, 2022, at Rancho Cucamonga, California. __________________________________ Janice C. Reynolds, City Clerk Page 129 Resolution No. 2022-040 - Page 5 of 4 EXHIBIT A DESCRIPTION OF AUTHORIZED SERVICES The City may finance any services which may be funded with proceeds of the special tax of CFD No. 2022-01, authorized pursuant to Section 53313 of the Act, including but not limited to all costs attributable to maintaining and servicing street lights, traffic signals and appurtenant facilities throughout CFD No. 2022-01. Services include personnel, materials, contracting services, utilities, and all necessary costs associated with the maintenance, replacement, and repair required to keep the improvements in operational and satisfactory condition. In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay "Administrative Expenses," as said term is defined in the Rate and Method. Page 130 Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga Page 1 B-1 EXHIBIT B RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT NO. 2022-01 (STREET LIGHTING SERVICES) OF THE CITY OF RANCHO CUCAMONGA A Special Tax, as hereinafter defined, shall be levied and collected for Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga (“CFD No. 2022-01”) each Fiscal Year commencing in Fiscal Year 2022/23, in an amount determined by the application of the procedures below. All Taxable Property, as hereinafter defined, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meaning: “Accessory Dwelling Unit” or “ADU” means a secondary residential unit of limited size, as defined in California Government Code Section 65852.2, as may be amended from time to time, that is accessory to a single-unit dwelling. The ADU may be on the same Assessor’s Parcel as the single- unit dwelling or on a separate Assessor’s Parcel. For purposes of clarification, where an ADU and primary Unit are on the same Assessor’s Parcel, the ADU located on such Assessor’s Parcel is considered a separate Unit from the primary Unit on such Assessor’s Parcel for purposes of the Special Tax. Should an Assessor’s Parcel contain only an ADU, such Assessor’s Parcel will be taxed as an ADU only. “Acre or Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map or in the Assessor’s Data for each Assessor’s Parcel. In the event that the Assessor’s Parcel Map or Assessor’s Data shows no acreage, the Acreage for any Assessor’s Parcel may be determined by the CFD Administrator based upon the applicable condominium plan, final map, parcel map or calculated using available spatial data and GIS. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1, Division 2 of Title 5 of the Government Code of the State. “Administrative Expenses” means the actual or reasonably estimated costs directly related to the administration of CFD No. 2022-01 including, but not limited to, the following: the costs of computing the Annual Special Tax Requirement and the annual Special Tax and of preparing the annual Special Tax collection schedules; the costs of collecting the Special Tax, including any charges levied by the County Auditor’s Office, Tax Collector’s Office or Treasurer’s Office; the costs of the City or designee in complying with the disclosure requirements of the California Government Code (including the Act), including public inquiries regarding the Special Tax; the costs of the City or designee related to an appeal of the Special Tax; and the costs of commencing and pursuing to completion any action arising from any delinquent Special Tax in CFD No. 2022-01. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2022-01 for any other administrative purposes, including, but not limited to, attorney’s fees. Page 131 Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga Page 2 B-2 “Annual Services Costs” means the amounts required to fund services authorized to be funded by CFD No. 2022-01. “Annual Special Tax Requirement” means that amount with respect to CFD No. 2022-01 determined by the City Council or designee as required in any Fiscal Year to pay: (1) the Administrative Expenses, (2) the Annual Services Costs, (3) any amount required to establish or replenish any reserve or replacement fund established in connection with CFD No. 2022-01, and (4) any reasonably anticipated delinquent Special Tax based on the delinquency rate for any Special Tax levied in the previous Fiscal Year. “Assessor’s Data” means Units, Acreage, or other information contained in the records of the County Assessor for each Assessor’s Parcel. “Assessor’s Parcel” or “Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number. “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number. “Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that number assigned to such Assessment’s Parcel by the County Assessor for purposes of identification. “Boundary Map” means that map recorded with the County recorder’s office on _______ in Book __ at Page __ as Document Number _____. “CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Annual Special Tax Requirement and providing for the levy and collection of the Special Taxes. “CFD No. 2022-01” means Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga. “City” means the City of Rancho Cucamonga. “City Council” means the City Council of the City, acting as the legislative body of CFD No. 2022-01. “County” means the County of San Bernardino, California. “County Assessor” means the County Assessor of the County. “Developed Property” means, in any Fiscal Year, all Taxable Property in CFD No. 2022-01 for which a building permit for new construction was issued by the City prior to April 1 of the preceding Fiscal Year. “Exempt Property” means all Assessors’ Parcels within the boundary of CFD No. 2022-01 which are exempt from the Special Tax pursuant to Section E. “Fiscal Year” means the period starting July 1 and ending on the following June 30. “GIS” means a geographic information system. “Maximum Special Tax” means the maximum Special Tax authorized for levy in any Fiscal Year that may apply to Taxable Property as described in Section C. Page 132 Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga Page 3 B-3 “Mixed Use Property” means all Assessor’s Parcels that have been classified by the City to allow multiple uses on each such Assessor’s Parcel. For an Assessor’s Parcel of Mixed Use Property, each property use thereon is subject to taxation pursuant to section C below. The Acreage used to calculate the Special Tax for a portion of an Assessor’s Parcel that is Non-Residential Property shall include only the share of such Assessor’s Parcel that will be used as Non-Residential Property, to include structures, parking and other Parcel area. “Multi-Family Residential Property” means, in any Fiscal Year, all Assessor’s Parcels of Developed Property with two or more Units that share a single Assessor’s Parcel Number, are offered for rent to the general public, and cannot be purchased by individual homebuyers, according to Assessor’s Data or as otherwise known by the CFD Administrator. Multi-Family Property also means, in any Fiscal Year, all Assessor’s Parcels of Developed Property with one Unit with a single Assessor’s Parcel Number that is a condominium pursuant the definition in Civil Code Section 4125 or a townhome. “Non-Residential Property” means all Assessor’s Parcels of Developed Property within the boundaries of CFD 2022-01 for which a building permit(s) has been issued for a non-residential structure(s). “Open Space Property” means property within the boundaries of CFD No. 2022-01 which (i) has been designated with specific boundaries and Acreage on a final subdivision map as open space, (ii) is classified by the County Assessor as open space, (iii) has been irrevocably offered for dedication as open space to the federal government, the State, the County, the City, or any other public agency, or (iv) is encumbered by an easement or other restriction required by the City limiting the use of such property to open space. “Property Owner’s Association” means any property owner’s association. As used in this definition, a Property Owner’s Association includes any home-owner’s association, condominium owner’s association, master or sub-association or non-residential owner’s association. “Property Owner’s Association Property” means any property within the boundaries of CFD No. 2022-01 which is (a) owned by a Property Owner’s Association or (b) designated with specific boundaries and acreage on a final subdivision map as property owner association property. “Proportionately” means for Developed Property and Undeveloped Property, that the ratio of the Special Tax levy to the Maximum Annual Special Tax is equal within each respective Tax Zone. “Public Property” means any property within the boundaries of CFD No. 2022-01 which (i) is owned by a public agency, (ii) has been irrevocably offered for dedication to a public agency, or (iii) is designated with specific boundaries and Acreage on a final subdivision map as property which will be owned by a public agency. For purposes of this definition, a public agency includes the federal government, the State, the County, the City, school districts, or any other public agency. “Rate and Method of Apportionment” means this Rate and Method of Apportionment of Special Tax for CFD No. 2022-01. “Single Family Residential Property” means all Assessor’s Parcels of Developed Property with a residential structure intended as a single primary Unit. Page 133 Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga Page 4 B-4 “Special Tax” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Annual Special Tax Requirement. “State” means the State of California. “Tax Escalation Factor” means on July 1 of each Fiscal Year, commencing on July 1, 2023, the Maximum Special Tax as shown in Section C shall be increased by a minimum of two percent (2%) to a maximum of six percent (6%), determined on an annual basis as needed to satisfy the Special Tax Requirement. “Tax Zone” means an area within which the Special Tax may be levied pursuant to this Rate and Method of Apportionment. All the Taxable Property within CFD No. 2022-01 at the time of its formation is within Tax Zone Nos. 1 and 6. Additional Tax Zones may be created when property is annexed to CFD No. 2022-01, and a separate Maximum Special Tax shall be identified for property within each new Tax Zone at the time of such annexation. The Assessor’s Parcels included within a new Tax Zone when such Parcels are annexed to CFD No. 2022-01 shall be identified by Assessor’s Parcel number in the annexation documents at the time of annexation. “Taxable Property” means all the Assessor’s Parcels within the boundaries of CFD No. 2022-01 that are not exempt from the Special Tax pursuant to law or Section E below. “Undeveloped Property” means all the Assessor’s Parcels of Taxable Property within the boundaries of CFD No. 2022-01 that are not Developed Property. “Unit” means an individual residential living space. The number of Units assigned to each Assessor’s Parcel may be determined by (i) referencing Assessor’s Data, (ii) site surveys and physical unit counts, and/or (iii) other research by the CFD Administrator. “Welfare Exempt Property” means, in any Fiscal Year, all Parcels within the boundaries of CFD No. 2022-01 that have been granted a welfare exemption by the County under subdivision (g) of Section 214 of the Revenue and Taxation Code. B. DETERMINATION OF TAXABLE PARCELS On, or about, July 1 of each Fiscal Year, the CFD Administrator shall determine the valid Assessor’s Parcel Numbers for all Taxable Property within CFD No. 2022-01. If any Assessor’s Parcel Numbers are no longer valid, the CFD Administrator shall determine the new Assessor’s Parcel Number or Numbers in effect for the then-current Fiscal Year. To the extent a Parcel or Parcels of Taxable Property are subdivided, consolidated, or otherwise reconfigured, the Maximum Special Tax shall be assigned to the new Assessor’s Parcels Numbers pursuant to Section C. The CFD Administrator shall also determine: (i) the Tax Zone within which each Parcel is located; (ii) which Parcels are Developed Property and Undeveloped Property; (iii) the number of Units or Acreage each Parcel contains; (iv) the property type, i.e., Single Family Residential Property, Non-Residential Property, etc.; and (v) the Annual Special Tax Requirement for the Fiscal Year. Page 134 Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga Page 5 B-5 C. MAXIMUM ANNUAL SPECIAL TAX RATE The Maximum Special Tax for each Assessor’s Parcel of Taxable Property within Tax Zone Nos. 1-8 shall be assigned according to the tables on the following pages. In some instances, an Assessor’s Parcel of Developed Property may contain more than one property land use. The Maximum Special Tax assigned to an Assessor’s Parcel of Mixed Use Property shall be the sum of the Maximum Special Tax for all property uses located on that Assessor’s Parcel. Additionally, Accessory Dwelling Units will be levied at 50% of the applicable Maximum Special Tax Rate for the property type of the primary Unit. Tax Zone No. 1 Property Land Use 2022/23 Maximum Special Tax Rate Single Family Residential Property $22.67 per Unit Multi-Family Residential Property $22.67 per Unit Non-Residential Property $45.34 per Acre Undeveloped Property $200.00 per Parcel * On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor. Tax Zone No. 2 Property Land Use 2022/23 Maximum Special Tax Rate Single Family Residential Property $75.17 per Unit Multi-Family Residential Property $75.17 per Unit Undeveloped Property $200.00 per Parcel * On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor. Tax Zone No. 3 Property Land Use 2022/23 Maximum Special Tax Rate Single Family Residential Property $47.15 per Unit Multi-Family Residential Property $47.15 per Unit Non-Residential Property $94.30 per Are Undeveloped Property $200.00 per Parcel * On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor. Page 135 Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga Page 6 B-6 Tax Zone No. 4 Property Land Use 2022/23 Maximum Special Tax Rate Single Family Residential Property $28.96 per Unit Multi-Family Residential Property $28.96 per Unit Non-Residential Property $57.92 per Acre Undeveloped Property $200.00 per Parcel * On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor. Tax Zone No. 5 Property Land Use 2022/23 Maximum Special Tax Rate Single Family Residential Property $63.79 per Unit Undeveloped Property $200.00 per Parcel * On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor. Tax Zone No. 6 Property Land Use 2022/23 Maximum Special Tax Rate Non-Residential Property $51.40 per Acre Undeveloped Property $200.00 per Parcel * On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor. Tax Zone No. 7 Property Land Use 2022/23 Maximum Special Tax Rate Single Family Residential Property $58.64 per Unit Multi-Family Residential Property $58.64 per Unit Non-Residential Property $117.28 per Acre Undeveloped Property $200.00 per Parcel * On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor. Page 136 Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga Page 7 B-7 Tax Zone No. 8 Property Land Use 2022/23 Maximum Special Tax Rate Single Family Residential Property $37.79 per Unit Multi-Family Residential Property $37.79 per Unit Non-Residential Property $75.58 per Acre Undeveloped Property $200.00 per Parcel * On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be Increased by the Tax Escalation Factor. On July 1 of each Fiscal Year, commencing on July 1, 2023, the Maximum Special Tax for Tax Zone Nos. 1-8 shall be increased by an amount equal to the Tax Escalation Factor. A different Maximum Special Tax rate and Tax Escalation Factor may be identified in Tax Zones added to CFD No. 2022-01 as a result of future annexations. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX All Taxable Property shall be subject to a Special Tax defined as follows. The Special Tax shall be levied each Fiscal Year by the CFD Administrator. The Annual Special Tax Requirement shall be apportioned to each Parcel within CFD No. 2022-01 by the method shown below. First: Determine the Annual Special Tax Requirement. Second: Levy the Special Tax on each Parcel of Developed Property and Undeveloped Property, Proportionately, up to the applicable Maximum Special Tax. Under no circumstances will the Special Tax on any Assessor’s Parcel used for private residential purposes be increased by more than 10% as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 2022-01. E. EXEMPTIONS Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on Property Owner’s Association Property, Assessor’s Parcels with public or utility easements making impractical their utilization for any use other than the purposes set forth in the easement, or Public Property, except as otherwise provided in Sections 53317.3, 53317.5, and 533401 of the Act. Welfare Exempt Property shall thereafter be exempt from the Special Tax for as long as the property qualifies as Welfare Exempt Property. F. APPEAL OF SPECIAL TAX LEVY Page 137 Community Facilities District No. 2022-01 (Street Lighting Services) of the City of Rancho Cucamonga Page 8 B-8 Any property owner may file a written appeal of the Special Tax with the CFD Administrator claiming that the amount or application of the Special Tax is not correct. The appeal must be filed not later than one calendar year after having paid the Special Tax that is disputed, and the appellant must be current in all payments of the Special Tax. In addition, during the term of the appeal process, all Special Tax levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the property owner disagrees with the CFD Administrator’s decision relative to the appeal, the owner may then file a written appeal with the City Council whose subsequent decision shall be final and binding on all interested parties. If the decision of the CFD Administrator or subsequent decision by the City Council requires the Special Tax to be modified or changed in favor of the property owner, the CFD Administrator shall determine if sufficient Special Tax revenue is available to make a cash refund. If a cash refund cannot be made, then an adjustment shall be made to credit future Special Taxes. This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner. G. INTERPRETATION OF RATE AND METHOD OF APPORTIONMENT The City Council may, by resolution or ordinance, interpret, clarify and/or revise this Rate and Method of Apportionment to correct any inconsistency, vagueness, or ambiguity as it relates to the Special Taxes, method of apportionment, classification of Assessor’s Parcels, or any definition used herein, as long as such correction does not materially affect the levy and collection of Special Taxes. In addition, the interpretation and application of any section of this document shall be at the City’s discretion. H. MANNER AND DURATION OF SPECIAL TAX The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided that the City may directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner if needed to meet the financial obligations of CFD No. 2022-01, and may collect delinquent Special Taxes through available methods. A Special Tax shall be levied commencing in Fiscal Year 2022/23 to the extent necessary to satisfy the Annual Special Tax Requirement and shall be levied for as long as required to satisfy the Annual Special Tax Requirement. I. PREPAYMENT OF SPECIAL TAX The Special Tax may not be prepaid. Page 138 Resolution No. 2022-041 - Page 1 of 5 RESOLUTION NO. 2022-041 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 2022-02 (INDUSTRIAL AREA SERVICES) OF THE CITY OF RANCHO CUCAMONGA AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE INDUSTRIAL SERVICES WHEREAS, the City of Rancho Cucamonga (the "City") at this time desires to initiate proceedings to create a community facilities district pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act") for the purpose of providing an alternative method of financing the municipal industrial services necessary to serve new development within such community facilities district; and WHEREAS, this community facilities district shall hereinafter be referred to as Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga ("CFD No. 2022-02"); and WHEREAS, the Act provides that the City Council may initiate proceedings to establish a community facilities City only if it has first considered and adopted local goals and policies concerning the use of the Act; and WHEREAS, this City Council has adopted local goals and policies as required pursuant to the Act; and WHEREAS, this City Council now desires to proceed to adopt its resolution of intention to initiate proceedings for the establishment of CFD No. 2022-02, to set forth the boundaries for CFD No. 2022-02, to indicate the type of services to be financed by CFD No. 2022-02, to indicate the rate and apportionment of special tax sufficient to finance such services and to set a time and place for a public hearing relating to the establishment of CFD No. 2022-02; and WHEREAS, a map of CFD No. 2022-02 (the "Boundary Map") is on file in the Office of the City Clerk showing the boundaries of the territory proposed for inclusion in CFD No. 2022-02 upon the initial establishment of CFD No. 2022-02 including properties and parcels of land proposed to be subject to the levy of the special tax by CFD No. 2022-02. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: Section 1. Recitals. The above recitals are all true and correct. Section 2. Initiation of Proceedings. These proceedings are initiated by this City Council pursuant to the authorization of Section 53318 of the Government Code of the State of California and the other provisions of the Act. Section 3. Boundaries of CFD No. 2022-02. It is the intention of this City Council to establish CFD No. 2022-02 pursuant to the provisions of the Act, and to determine the boundaries Attachment 3 Page 139 Resolution No. 2022-041 - Page 2 of 5 and parcels on which the special tax may be levied to finance the Authorized Services (defined in Section 5 below). A description of the boundaries of the territory proposed for inclusion in CFD No. 2022-02 including properties and parcels of land proposed to be subject to the levy of the special tax by CFD No. 2022-02 is as follows: All that property as shown on the Boundary Map designated as "Proposed Boundaries of Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga, County of San Bernardino, State of California" a copy of which is on file in the Office of the City Clerk and shall remain open for public inspection. Said map is approved and, pursuant to Section 3110 of the California Streets and Highways Code, the City Clerk shall, after conforming with the other requirements of Section 3111 of said Code, record the original of said map, and not later than fifteen (15) days prior to the date of the public hearing set forth in Section 7 hereof shall file a copy of said map with the County Recorder of the County of San Bernardino. Section 4. Name of the Community Facilities District. The name of the Community Facilities District proposed to be established shall be known and designated as "Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga, County of San Bernardino, State of California." Section 5. Descriptions of Services and Determination of Necessity. It is the intention of this City Council to finance certain industrial services which are more particularly described is in Exhibit A (the "Authorized Services") attached hereto and incorporated herein by this reference. The City Council finds that the Authorized Services described in this Section 5 hereof are necessary to meet increased demands placed upon the City as a result of new development occurring within the boundaries of the proposed CFD No. 2022-02. Section 6. Special Tax. It is hereby further proposed that, except where funds are otherwise available, a special tax sufficient to finance the Authorized Services (the "Special Tax") and related incidental expenses authorized by the Act, secured by recordation of a continuing lien against all non-exempt real property in CFD No. 2022-02, will be levied annually within the boundaries of such CFD No. 2022-02. For further particulars as to the rates and method of apportionment of the proposed Special Tax, reference is made to the attached and incorporated Exhibit B (the "Rates and Method"), which sets forth in sufficient detail the rate and method of apportionment of the Special Tax to allow each landowner or resident within proposed CFD No. 2022-02 to clearly estimate the maximum amount of Special Tax that such person will have to pay for the Authorized Services. The Special Tax may not be prepaid. The Special Tax herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes or in such other manner as this City Council or its designee shall determine, including direct billing of the affected property owners. Such Special Tax shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. Any Special Tax that may not be collected on the County tax roll shall be collected through a direct billing procedure by the City. Page 140 Resolution No. 2022-041 - Page 3 of 5 Pursuant to Government Code Section 53340 and except as provided in Government Code Section 53317.3, properties of entities of the state, federal, and local governments shall be exempt from the levy of the Special Tax. Section 7. Public Hearing. NOTICE IS GIVEN THAT ON JUNE 1, 2022 AT 7:00 PM, IN THE REGULAR MEETING PLACE OF THE CITY COUNCIL BEING 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA, 91730 OR VIA TELECONFERENCE AS DIRECTED BY THE CITY DUE TO COVID-19 SOCIAL DISTANCING GUIDELINES, A PUBLIC HEARING WILL BE HELD WHERE THIS CITY COUNCIL WILL CONSIDER THE ESTABLISHMENT OF THE PROPOSED CFD NO. 2022-02, THE PROPOSED METHOD AND APPORTIONMENT OF THE SPECIAL TAX, AND ALL OTHER MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION. AT THE ABOVE-MENTIONED TIME AND PLACE FOR PUBLIC HEARING ANY INTERESTED PERSONS, INCLUDING TAXPAYERS AND PROPERTY OWNERS MAY APPEAR AND BE HEARD. THE TESTIMONY OF ALL INTERESTED PERSONS FOR OR AGAINST THE ESTABLISHMENT OF THE COMMUNITY FACILITIES DISTRICT, THE EXTENT OF THE COMMUNITY FACILITIES DISTRICT, OR THE FINANCING OF AUTHORIZED SERVICES, WILL BE HEARD AND CONSIDERED. ANY PROTESTS MAY BE MADE ORALLY OR IN WRITING. HOWEVER, ANY PROTESTS PERTAINING TO THE REGULARITY OR SUFFICIENCY OF THE PROCEEDINGS SHALL BE IN WRITING AND CLEARLY SET FORTH THE IRREGULARITIES AND DEFECTS TO WHICH THE OBJECTION IS MADE. ALL WRITTEN PROTESTS SHALL BE FILED WITH THE CITY CLERK ON OR BEFORE THE TIME FIXED FOR THE PUBLIC HEARING. WRITTEN PROTESTS MAY BE WITHDRAWN IN WRITING AT ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING. IF A WRITTEN MAJORITY PROTEST AGAINST THE ESTABLISHMENT OF CFD NO. 2022-02 IS FILED, THE PROCEEDINGS SHALL BE ABANDONED. IF SUCH MAJORITY PROTEST IS LIMITED TO CERTAIN AUTHORIZED SERVICES, THOSE SERVICES SHALL BE ELIMINATED BY THE CITY COUNCIL. Section 8. Election. If, following the public hearing described in the Section above, the City Council determines to establish CFD No. 2022-02 and proposes to levy the Special Tax within CFD No. 2022-02, the City Council shall then submit the levy of the Special Tax to the qualified electors of CFD No. 2022-02. If at least twelve (12) persons, who need not necessarily be the same 12 persons, have been registered to vote within CFD No. 2022-02 for each of the ninety (90) days preceding the close of the public hearing, the vote shall be by registered voters of CFD No. 2022-02, with each voter having one (1) vote. Otherwise, the vote shall be by the landowners of CFD No. 2022-02 who were the owners of record at the close of the subject hearing, with each landowner or the authorized representative thereof, having one (1) vote for each acre or portion of an acre of land owned within CFD No. 2022-02. A successful election relating to the Special Tax authorization shall, as applicable, establish the appropriations limit as authorized by Article XIIIB of the California Constitution as it is applicable to CFD No. 2022-02. Section 9. Notice of Public Hearing. Notice of the time and place of the public hearing shall be given by the City Clerk by causing the publication of a Notice of Public Hearing in the legally designated newspaper of general circulation, such publication pursuant to Section 6061 of the Government Code, with such publication to be completed at least seven (7) days prior to the date set for the public hearing. Page 141 Resolution No. 2022-041 - Page 4 of 5 Section 10. Report. The City Manager, as the officer of the City who will be responsible for providing the Authorized Services to be provided within and financed by CFD No. 2022-02, if established, shall study or cause CFD No. 2022-02 to be studied, and, at or before the time of the public hearing as described in Section 7, file a report or cause a report to be filed with the City Council containing a brief description of the Authorized Services which will in his opinion be required to adequately meet the needs of CFD No. 2022-02, and his or her estimate of the fair and reasonable cost of providing such services, and the incidental expenses to be incurred in connection therewith. Such report shall be made a part of the record of the hearing to be held pursuant to Section 7 hereof. Section 11. Advances of Funds or Work In-Kind. At any time either before or after the formation of CFD No. 2022-02, the City Council may accept advances of funds or work-in- kind from any source, including, but not limited to, private persons or private entities and may provide, by resolution, for the use of those funds or that work-in-kind for any authorized purpose, including, but not limited to, paying any cost incurred by the City in creating CFD No. 2022-02. The City may enter into an agreement, by resolution, with the person or entity advancing the funds or work-in-kind, to repay all or a portion of the funds so advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work-in-kind, as determined by the City Council. No such agreement shall constitute a debt or liability of the City. Page 142 Resolution No. 2022-041 - Page 5 of 5 Section 12. Effective Date. This resolution shall become effective upon its adoption. ADOPTED by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting thereof held this 20th day of April, 2022, by the following roll call vote to wit: PASSED, APPROVED and ADOPTED this 20 day of April, 2022. __________________________________ L. Dennis Michael, Mayor ATTEST: __________________________________ Janice C. Reynolds, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 20th day of April, 2022. AYES: NOES: ABSENT: ABSTAINED: Executed this 21st day of April, 2022, at Rancho Cucamonga, California. __________________________________ Janice C. Reynolds, City Clerk Page 143 A-1 EXHIBIT A DESCRIPTION OF AUTHORIZED SERVICES The City may finance any services which may be funded with proceeds of the special tax of CFD No. 2022-02, authorized pursuant to Section 53313 of the Act, including but not limited to all costs attributed to maintaining and servicing landscape and tree maintenance, storm drain repair and maintenance, streets and roadway services, police safety calls and service, and creating a capital reserve account for any future industrial repairs and maintenance. In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay "Administrative Expenses" as said term is defined in the Rate and Method. Page 144 Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga Page 1 B-1 EXHIBIT B RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT NO. 2022-02 (INDUSTRIAL AREA SERVICES) OF THE CITY OF RANCHO CUCAMONGA A Special Tax, as hereinafter defined, shall be levied and collected Community Facilities District No. 2022- 02 (Industrial Area Services) of the City of Rancho Cucamonga (“CFD No. 2022-02”) each Fiscal Year commencing in Fiscal Year 2022/23, in an amount determined by the application of the procedures below. All Taxable Property, as hereinafter defined, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meaning: “Accessory Dwelling Unit” or “ADU” means a secondary residential unit of limited size, as defined in California Government Code Section 65852.2, as may be amended from time to time, that is accessory to a single-unit dwelling. The ADU may be on the same Assessor’s Parcel as the single- unit dwelling or on a separate Assessor’s Parcel. For purposes of clarification, where an ADU and primary Unit are on the same Assessor’s Parcel, the ADU located on such Assessor’s Parcel is considered a separate Unit from the primary Unit on such Assessor’s Parcel for purposes of the Special Tax. Should an Assessor’s Parcel contain only an ADU, such Assessor’s Parcel will be taxed as an ADU only. “Acre or Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map or in the Assessor’s Data for each Assessor’s Parcel. In the event that the Assessor’s Parcel Map or Assessor’s Data shows no acreage, the Acreage for any Assessor’s Parcel may be determined by the CFD Administrator based upon the applicable condominium plan, final map, parcel map or calculated using available spatial data and GIS. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1, Division 2 of Title 5 of the Government Code of the State. “Administrative Expenses” means the actual or reasonably estimated costs directly related to the administration of CFD No. 2022-02 including, but not limited to, the following: the costs of computing the Annual Special Tax Requirement and the annual Special Tax and of preparing the annual Special Tax collection schedules; the costs of collecting the Special Tax, including any charges levied by the County Auditor’s Office, Tax Collector’s Office or Treasurer’s Office; the costs of the City or designee in complying with the disclosure requirements of the California Government Code (including the Act), including public inquiries regarding the Special Tax; the costs of the City or designee related to an appeal of the Special Tax; and the costs of commencing and pursuing to completion any action arising from any delinquent Special Tax in CFD No. 2022-02. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2022-02 for any other administrative purposes, including, but not limited to, attorney’s fees. Page 145 Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga Page 2 B-2 “Annual Services Costs” means the amounts required to fund services authorized to be funded by CFD No. 2022-02. “Annual Special Tax Requirement” means that amount with respect to CFD No. 2022-02 determined by the City Council or designee as required in any Fiscal Year to pay: (1) the Administrative Expenses, (2) the Annual Services Costs, (3) any amount required to establish or replenish any reserve or replacement fund established in connection with CFD No. 2022-02, and (4) any reasonably anticipated delinquent Special Tax based on the delinquency rate for any Special Tax levied in the previous Fiscal Year. “Assessor’s Data” means Units, Acreage, or other information contained in the records of the County Assessor for each Assessor’s Parcel. “Assessor’s Parcel” or “Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number. “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number. “Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that number assigned to such Assessment’s Parcel by the County Assessor for purposes of identification. “Boundary Map” means that map recorded with the County recorder’s office on _______ in Book __ at Page __ as Document Number _____. “CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Annual Special Tax Requirement and providing for the levy and collection of the Special Taxes. “CFD No. 2022-02” means Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga. “City” means the City of Rancho Cucamonga. “City Council” means the City Council of the City, acting as the legislative body of CFD No. 2022-02. “County” means the County of San Bernardino, California. “County Assessor” means the County Assessor of the County. “Developed Property” means, in any Fiscal Year, all Taxable Property in CFD No. 2022-02 for which a building permit for new construction was issued by the City prior to April 1 of the preceding Fiscal Year. “Exempt Property” means all Assessors’ Parcels within the boundary of CFD No. 2022-02 which are exempt from the Special Tax pursuant to Section E. “Fiscal Year” means the period starting July 1 and ending on the following June 30. “GIS” means a geographic information system. “Industrial Property” means all Assessor’s Parcels of Developed Property for which a building permit has been issued for an industrial use. Page 146 Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga Page 3 B-3 “Maximum Special Tax” means the maximum Special Tax authorized for levy in any Fiscal Year that may apply to Taxable Property as described in Section C. “Mixed Use Property” means all Assessor’s Parcels that have been classified by the City to allow multiple uses on each such Assessor’s Parcel. “Open Space Property” means property within the boundaries of CFD No. 2022-02 which (i) has been designated with specific boundaries and Acreage on a final subdivision map as open space, (ii) is classified by the County Assessor as open space, (iii) has been irrevocably offered for dedication as open space to the federal government, the State, the County, the City, or any other public agency, or (iv) is encumbered by an easement or other restriction required by the City limiting the use of such property to open space. “Property Owner’s Association” means any property owner’s association. As used in this definition, a Property Owner’s Association includes any home-owner’s association, condominium owner’s association, master or sub-association or non-residential owner’s association. “Property Owner’s Association Property” means any property within the boundaries of CFD No. 2022-02 which is (a) owned by a Property Owner’s Association or (b) designated with specific boundaries and acreage on a final subdivision map as property owner association property. “Proportionately” means for Developed Property and Undeveloped Property, that the ratio of the Special Tax levy to the Maximum Annual Special Tax is equal within each respective Tax Zone. “Public Property” means any property within the boundaries of CFD No. 2022-02 which (i) is owned by a public agency, (ii) has been irrevocably offered for dedication to a public agency, or (iii) is designated with specific boundaries and Acreage on a final subdivision map as property which will be owned by a public agency. For purposes of this definition, a public agency includes the federal government, the State, the County, the City, school districts, or any other public agency. “Rate and Method of Apportionment” means this Rate and Method of Apportionment of Special Tax for CFD No. 2022-02. “Special Tax” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Annual Special Tax Requirement. “State” means the State of California. “Tax Escalation Factor” means on July 1 of each Fiscal Year, commencing on July 1, 2023, the Maximum Special Tax as shown in Section C shall be increased by a minimum of two percent (2%) to a maximum of six percent (6%), determined on an annual basis as needed to satisfy the Special Tax Requirement. “Tax Zone” means a mutually exclusive geographic area within which the Special Tax may be levied pursuant to this Rate and Method of Apportionment. All the Taxable Property within CFD No. 2022- 02 at the time of its formation is within Tax Zone No. 1. Additional Tax Zones may be created when property is annexed to CFD No. 2022-02, and a separate Maximum Special Tax shall be identified for property within each new Tax Zone at the time of such annexation. The Assessor’s Parcels Page 147 Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga Page 4 B-4 included within a new Tax Zone when such Parcels are annexed to CFD No. 2022-02 shall be identified by Assessor’s Parcel number in the annexation documents at the time of annexation. “Taxable Property” means all the Assessor’s Parcels within the boundaries of CFD No. 2022-02 that are not exempt from the Special Tax pursuant to law or Section E below. “Undeveloped Property” means all the Assessor’s Parcels of Taxable Property within the boundaries of CFD No. 2022-02 that are not Developed Property. “Welfare Exempt Property” means, in any Fiscal Year, all Parcels within the boundaries of CFD No. 2022-02 that have been granted a welfare exemption by the County under subdivision (g) of Section 214 of the Revenue and Taxation Code. B. DETERMINATION OF TAXABLE PARCELS On, or about, July 1 of each Fiscal Year, the CFD Administrator shall determine the valid Assessor’s Parcel Numbers for all Taxable Property within CFD No. 2022-02. If any Assessor’s Parcel Numbers are no longer valid, the CFD Administrator shall determine the new Assessor’s Parcel Number or Numbers in effect for the then-current Fiscal Year. To the extent a Parcel or Parcels of Taxable Property are subdivided, consolidated, or otherwise reconfigured, the Maximum Special Tax shall be assigned to the new Assessor’s Parcels Numbers pursuant to Section C. The CFD Administrator shall also determine: (i) the Tax Zone within which each Parcel is located; (ii) which Parcels are Developed Property and Undeveloped Property; (iii) the number of Units or Acreage each Parcel contains; (iv) the property type, i.e., Industrial Property, Mixed-Use Property, etc.; and (v) the Annual Special Tax Requirement for the Fiscal Year. C. MAXIMUM ANNUAL SPECIAL TAX RATE The Maximum Special Tax for each Assessor’s Parcel of Taxable Property within Tax Zone No. 1 shall be assigned according to the table on the following page. Tax Zone No. 1 Property Land Use 2022/23 Maximum Special Tax Rate Industrial Property $5,852.00 per Acre Mixed Use Property $12,030.00 per Acre Accessory Dwelling Units $731.50 per ADU Undeveloped Property $200.00 per Parcel * On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be increased by the Tax Escalation Factor. On July 1 of each Fiscal Year, commencing on July 1, 2023, the Maximum Special Tax for Tax Zone No. 1 shall be increased by an amount equal to the Tax Escalation Factor. A different Maximum Special Tax rate and Tax Escalation Factor may be identified in Tax Zones added to CFD No. 2022-02 as a result of future annexations. Page 148 Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga Page 5 B-5 D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX All Taxable Property shall be subject to a Special Tax defined as follows. The Special Tax shall be levied each Fiscal Year by the CFD Administrator. The Annual Special Tax Requirement shall be apportioned to each Parcel within CFD No. 2022-02 by the method shown below. First: Determine the Annual Special Tax Requirement. Second: Levy the Special Tax on each Parcel of Developed Property and Undeveloped Property, Proportionately, up to the applicable Maximum Special Tax. Under no circumstances will the Special Tax on any Assessor’s Parcel used for private residential purposes be increased by more than 10% as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 2022-02. E. EXEMPTIONS Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on Property Owner’s Association Property, Assessor’s Parcels with public or utility easements making impractical their utilization for any use other than the purposes set forth in the easement, or Public Property, except as otherwise provided in Sections 53317.3, 53317.5, and 53340.1 of the Act. Welfare Exempt Property shall be exempt from the Special Tax in each Fiscal Year the property qualifies as Welfare Exempt Property. F. APPEAL OF SPECIAL TAX LEVY Any property owner may file a written appeal of the Special Tax with the CFD Administrator claiming that the amount or application of the Special Tax is not correct. The appeal must be filed not later than one calendar year after having paid the Special Tax that is disputed, and the appellant must be current in all payments of the Special Tax. In addition, during the term of the appeal process, all Special Tax levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the property owner disagrees with the CFD Administrator’s decision relative to the appeal, the owner may then file a written appeal with the City Council whose subsequent decision shall be final and binding on all interested parties. If the decision of the CFD Administrator or subsequent decision by the City Council requires the Special Tax to be modified or changed in favor of the property owner, the CFD Administrator shall determine if sufficient Special Tax revenue is available to make Page 149 Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga Page 6 B-6 a cash refund. If a cash refund cannot be made, then an adjustment shall be made to credit future Special Taxes. This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner. G. INTERPRETATION OF RATE AND METHOD OF APPORTIONMENT The City Council may, by resolution or ordinance, interpret, clarify and/or revise this Rate and Method of Apportionment to correct any inconsistency, vagueness, or ambiguity as it relates to the Special Taxes, method of apportionment, classification of Assessor’s Parcels, or any definition used herein, as long as such correction does not materially affect the levy and collection of Special Taxes. In addition, the interpretation and application of any section of this document shall be at the City’s discretion. H. MANNER AND DURATION OF SPECIAL TAX The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided that the City may directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner if needed to meet the financial obligations of CFD No. 2022-02, and may collect delinquent Special Taxes through available methods. A Special Tax shall be levied commencing in Fiscal Year 2022/23 to the extent necessary to satisfy the Annual Special Tax Requirement and shall be levied for as long as required to satisfy the Annual Special Tax Requirement. I. PREPAYMENT OF SPECIAL TAX The Special Tax may not be prepaid. Page 150 Resolution No. 2022-042 - Page 1 of 4 RESOLUTION NO. 2022-042 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING INTENTION TO ANNEX TERRITORY IN THE FUTURE TO COMMUNITY FACILITIES DISTRICT NO. 2022-02 (INDUSTRIAL AREA SERVICES) OF THE CITY OF RANCHO CUCAMONGA WHEREAS, the City of Rancho Cucamonga (the "City") desires to provide the authorization to annex territory in the future to a community facilities district pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"), and specifically Article 3.5 thereof. The community facilities district has been designated as Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga ("CFD No. 2022- 02"); and, WHEREAS, it is determined to be within the public interest and convenience to establish a procedure to allow and provide for future annexations to CFD No. 2022-02 and further to specify the amount of special tax that would be levied and set forth the terms and conditions for certification of any annexation in the future; and, WHEREAS, the territory proposed to be annexed in the future shall be known and designated as Future Annexation Area Community Facilities District No. 2022-02 (the "Future Annexation Area"), and a map designated as "Proposed Boundaries of the Future Annexation Area of Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga, County of San Bernardino, State of California" showing the territory proposed to be annexed in the future is on file in the Office of the City Clerk and shall be kept with the transcript of these proceedings. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: Section 1. Recitals. The above recitals are all true and correct. Section 2. Authorization. These proceedings for future annexations are authorized and initiated by this legislative body pursuant to the authorization of the Act and specifically Section 53339.2 of the Government Code of the State of California. Section 3. Public Convenience and Necessity. This City Council hereby determines that the public convenience and necessity requires a procedure to allow and authorize territory to be annexed in the future to CFD No. 2022-02 in order to finance the costs and expenses for the authorized services Section 4. Boundaries of CFD No. 2022-02 and Territory Proposed to be Annexed in the Future. A general description of the territory included in CFD No. 2022-02 is hereinafter described as follows: All that property and territory as previously included within CFD No. 2022-02, as said property was shown on a map designated as "Proposed Boundaries of Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga, Attachment 4 Page 151 Resolution No. 2022-042 - Page 2 of 4 2 3 2 0 County of San Bernardino, State of California," a copy of which is on file in the Office of the City Clerk and shall remain open for public inspection. A description of the boundaries and territory proposed to be annexed in the future is as follows: All that property and territory proposed to be annexed in the future to CFD No. 2022-02, as said property is shown on the map designated as “Proposed Boundaries of the Future Annexation Area of Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga, County of San Bernardino, State of California,” a copy of which is on file in the Office of the City Clerk and shall remain open for public inspection. Future annexation proceedings may only be completed with the unanimous consent of the owner or owners of any parcel proposed for annexation. Section 5. Name of CFD No. 2022-02 and Future Annexation Area. The name of CFD No. 2022-02 is “Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga, County of San Bernardino, State of California”, and the designation for the Future Annexation Area shall be Future Annexation Area, Community Facilities District No. 2022-02 (Industrial Area Services). Section 6. Authorized Services. The types of services to be financed from the levy of the special tax in CFD No. 2022-02, including the Future Annexation Area, are those described in Exhibit A hereto which is incorporated herein by this reference ("Authorized Services"). The Authorized Services to be financed by the levy of special taxes to be levied on specific territory within the Future Annexation Area to be annexed to CFD No. 2022-02 may include some or all of such Authorized Services or may include alternatives to the Authorized Services. The Authorized Services shall to the maximum extent practicable, taking into account budgetary and operational demands of the City, be provided in common within CFD No. 2022-02 and the Future Annexation Area. The City Council finds that the Authorized Services described in this Section 6 hereof are necessary to meet increased demands placed upon the City as a result of new development occurring within the boundaries of CFD No. 2022-02 and the Future Annexation Area. Section 7. Special Tax. It is hereby further proposed that, except where funds are otherwise available, a special tax sufficient to finance the Authorized Services (the “Special Tax”) to be provided in the territory of the Future Annexation Area upon the annexation of such territory to CFD No. 2022-02 and related incidental expenses authorized by the Act, secured by recordation of a continuing lien against all non-exempt real property in the Future Annexation Area that annexes to CFD No. 2022-02, will be levied annually within the boundaries of the territory within the Future Annexation Area upon the annexation of such territory to CFD No. 2022- 02. For further particulars as to the rates and method of apportionment of the proposed Special Tax, reference is made to the attached and incorporated Exhibit B (the “Rates and Method”), which sets forth in sufficient detail the rate and method of apportionment of the Special Tax to allow each landowner or resident within the territory in proposed Future Annexation Area to clearly estimate the maximum amount of the Special Tax that such person will have to pay for the Page 152 Resolution No. 2022-042 - Page 3 of 4 2 3 2 0 Authorized Services upon the annexation of such territory to CFD No. 2022-02. The Special Tax may not be prepaid. Notwithstanding the foregoing, if the actual cost of providing Authorized Services to territory within any territory within the proposed Future Annexation Area is higher or lower than the cost of providing such services within the existing Community Facilities District, a higher or lower special tax may be levied within such territory subject to the unanimous approval and election of the owner or owners of such territory. In any such circumstance, the Rate and Method may be revised to reflect the higher or lower special tax, as applicable. The Special Tax herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes or in such other manner as this City Council or its designee shall determine, including direct billing of the affected property owners. Such Special Tax shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. Any Special Tax that may not be collected on the County tax roll shall be collected through a direct billing procedure by the City. Pursuant to Government Code Section 53340 and except as provided in Government Code Section 53317.3, properties of entities of the state, federal, and local governments shall be exempt from the levy of the Special Tax. Section 8. Effective Date of Future Annexation. Annexation of territory in the future shall be effective upon the unanimous approval and election of the owner or owners of any such parcel authorizing the levy of the Special Tax upon such parcel following the annexation of such parcel to CFD No. 2022-02, and no further public hearings or additional proceedings will be required to accomplish such annexation. Section 9. Public Hearing. NOTICE IS GIVEN THAT ON JUNE 1, 2022 at 7:00 PM, IN THE REGULAR MEETING PLACE OF THE CITY COUNCIL OF BEING 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA OR VIA TELECONFERENCE AS DIRECTED BY THE CITY DUE TO COVID-19 SOCIAL DISTANCING GUIDELINES, A PUBLIC HEARING WILL BE HELD WHERE THIS CITY COUNCIL WILL CONSIDER THE ANNEXATION OF CERTAIN TERRITORY IN THE FUTURE TO THE CFD NO. 2022-02, THE PROPOSED METHOD AND APPORTIONMENT OF THE SPECIAL TAX TO BE LEVIED WITHIN SAID PROPOSED FUTURE ANNEXATION AREA AND ALL OTHER MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION. ANY INTERESTED PERSONS MAY APPEAR AND BE HEARD, AND WRITTEN PROTESTS SHALL BE FILED ON OR BEFORE THE TIME FIXED FOR THE PUBLIC HEARING. Section 10. Notice. Notice of the time and place of the public hearing shall be given by the City Clerk by causing the publication of a Notice of Public Hearing in the legally designated newspaper of general circulation, such publication pursuant to Section 6061 of the Government Code, with such publication to be completed at least seven (7) days prior to the date set for the public hearing. [Remainder of this page intentionally left blank.] Page 153 Resolution No. 2022-042 - Page 4 of 4 2 3 2 0 Section 11. Effective Date. This resolution shall become effective upon its adoption. ADOPTED by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting thereof held this 20th day of April, 2022, by the following roll call vote to wit: PASSED, APPROVED and ADOPTED this 20 day of April, 2022. __________________________________ L. Dennis Michael, Mayor ATTEST: __________________________________ Janice C. Reynolds, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 20th day of April, 2022. AYES: NOES: ABSENT: ABSTAINED: Executed this 21st day of April, 2022, at Rancho Cucamonga, California. __________________________________ Janice C. Reynolds, City Clerk Page 154 A-1 EXHIBIT A DESCRIPTION OF AUTHORIZED SERVICES The City may finance any services which may be funded with proceeds of the special tax of CFD No. 2022-02, authorized pursuant to Section 53313 of the Act, including but not limited to all costs attributed to maintaining and servicing landscape and tree maintenance, storm drain repair and maintenance, streets and roadway services, police safety calls and service, and creating a capital reserve account for any future industrial repairs and maintenance. In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses” as said term is defined in the Rate and Method. Page 155 Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga Page 1 B-1 EXHIBIT B RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT NO. 2022-02 (INDUSTRIAL AREA SERVICES) OF THE CITY OF RANCHO CUCAMONGA A Special Tax, as hereinafter defined, shall be levied and collected Community Facilities District No. 2022- 02 (Industrial Area Services) of the City of Rancho Cucamonga (“CFD No. 2022-02”) each Fiscal Year commencing in Fiscal Year 2022/23, in an amount determined by the application of the procedures below. All Taxable Property, as hereinafter defined, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meaning: “Accessory Dwelling Unit” or “ADU” means a secondary residential unit of limited size, as defined in California Government Code Section 65852.2, as may be amended from time to time, that is accessory to a single-unit dwelling. The ADU may be on the same Assessor’s Parcel as the single- unit dwelling or on a separate Assessor’s Parcel. For purposes of clarification, where an ADU and primary Unit are on the same Assessor’s Parcel, the ADU located on such Assessor’s Parcel is considered a separate Unit from the primary Unit on such Assessor’s Parcel for purposes of the Special Tax. Should an Assessor’s Parcel contain only an ADU, such Assessor’s Parcel will be taxed as an ADU only. “Acre or Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map or in the Assessor’s Data for each Assessor’s Parcel. In the event that the Assessor’s Parcel Map or Assessor’s Data shows no acreage, the Acreage for any Assessor’s Parcel may be determined by the CFD Administrator based upon the applicable condominium plan, final map, parcel map or calculated using available spatial data and GIS. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1, Division 2 of Title 5 of the Government Code of the State. “Administrative Expenses” means the actual or reasonably estimated costs directly related to the administration of CFD No. 2022-02 including, but not limited to, the following: the costs of computing the Annual Special Tax Requirement and the annual Special Tax and of preparing the annual Special Tax collection schedules; the costs of collecting the Special Tax, including any charges levied by the County Auditor’s Office, Tax Collector’s Office or Treasurer’s Office; the costs of the City or designee in complying with the disclosure requirements of the California Government Code (including the Act), including public inquiries regarding the Special Tax; the costs of the City or designee related to an appeal of the Special Tax; and the costs of commencing and pursuing to completion any action arising from any delinquent Special Tax in CFD No. 2022-02. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2022-02 for any other administrative purposes, including, but not limited to, attorney’s fees. Page 156 Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga Page 2 B-2 “Annual Services Costs” means the amounts required to fund services authorized to be funded by CFD No. 2022-02. “Annual Special Tax Requirement” means that amount with respect to CFD No. 2022-02 determined by the City Council or designee as required in any Fiscal Year to pay: (1) the Administrative Expenses, (2) the Annual Services Costs, (3) any amount required to establish or replenish any reserve or replacement fund established in connection with CFD No. 2022-02, and (4) any reasonably anticipated delinquent Special Tax based on the delinquency rate for any Special Tax levied in the previous Fiscal Year. “Assessor’s Data” means Units, Acreage, or other information contained in the records of the County Assessor for each Assessor’s Parcel. “Assessor’s Parcel” or “Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number. “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number. “Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that number assigned to such Assessment’s Parcel by the County Assessor for purposes of identification. “Boundary Map” means that map recorded with the County recorder’s office on _______ in Book __ at Page __ as Document Number _____. “CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Annual Special Tax Requirement and providing for the levy and collection of the Special Taxes. “CFD No. 2022-02” means Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga. “City” means the City of Rancho Cucamonga. “City Council” means the City Council of the City, acting as the legislative body of CFD No. 2022-02. “County” means the County of San Bernardino, California. “County Assessor” means the County Assessor of the County. “Developed Property” means, in any Fiscal Year, all Taxable Property in CFD No. 2022-02 for which a building permit for new construction was issued by the City prior to April 1 of the preceding Fiscal Year. “Exempt Property” means all Assessors’ Parcels within the boundary of CFD No. 2022-02 which are exempt from the Special Tax pursuant to Section E. “Fiscal Year” means the period starting July 1 and ending on the following June 30. “GIS” means a geographic information system. “Industrial Property” means all Assessor’s Parcels of Developed Property for which a building permit has been issued for an industrial use. Page 157 Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga Page 3 B-3 “Maximum Special Tax” means the maximum Special Tax authorized for levy in any Fiscal Year that may apply to Taxable Property as described in Section C. “Mixed Use Property” means all Assessor’s Parcels that have been classified by the City to allow multiple uses on each such Assessor’s Parcel. “Open Space Property” means property within the boundaries of CFD No. 2022-02 which (i) has been designated with specific boundaries and Acreage on a final subdivision map as open space, (ii) is classified by the County Assessor as open space, (iii) has been irrevocably offered for dedication as open space to the federal government, the State, the County, the City, or any other public agency, or (iv) is encumbered by an easement or other restriction required by the City limiting the use of such property to open space. “Property Owner’s Association” means any property owner’s association. As used in this definition, a Property Owner’s Association includes any home-owner’s association, condominium owner’s association, master or sub-association or non-residential owner’s association. “Property Owner’s Association Property” means any property within the boundaries of CFD No. 2022-02 which is (a) owned by a Property Owner’s Association or (b) designated with specific boundaries and acreage on a final subdivision map as property owner association property. “Proportionately” means for Developed Property and Undeveloped Property, that the ratio of the Special Tax levy to the Maximum Annual Special Tax is equal within each respective Tax Zone. “Public Property” means any property within the boundaries of CFD No. 2022-02 which (i) is owned by a public agency, (ii) has been irrevocably offered for dedication to a public agency, or (iii) is designated with specific boundaries and Acreage on a final subdivision map as property which will be owned by a public agency. For purposes of this definition, a public agency includes the federal government, the State, the County, the City, school districts, or any other public agency. “Rate and Method of Apportionment” means this Rate and Method of Apportionment of Special Tax for CFD No. 2022-02. “Special Tax” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Annual Special Tax Requirement. “State” means the State of California. “Tax Escalation Factor” means on July 1 of each Fiscal Year, commencing on July 1, 2023, the Maximum Special Tax as shown in Section C shall be increased by a minimum of two percent (2%) to a maximum of six percent (6%), determined on an annual basis as needed to satisfy the Special Tax Requirement. “Tax Zone” means a mutually exclusive geographic area within which the Special Tax may be levied pursuant to this Rate and Method of Apportionment. All the Taxable Property within CFD No. 2022- 02 at the time of its formation is within Tax Zone No. 1. Additional Tax Zones may be created when property is annexed to CFD No. 2022-02, and a separate Maximum Special Tax shall be identified for property within each new Tax Zone at the time of such annexation. The Assessor’s Parcels Page 158 Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga Page 4 B-4 included within a new Tax Zone when such Parcels are annexed to CFD No. 2022-02 shall be identified by Assessor’s Parcel number in the annexation documents at the time of annexation. “Taxable Property” means all the Assessor’s Parcels within the boundaries of CFD No. 2022-02 that are not exempt from the Special Tax pursuant to law or Section E below. “Undeveloped Property” means all the Assessor’s Parcels of Taxable Property within the boundaries of CFD No. 2022-02 that are not Developed Property. “Welfare Exempt Property” means, in any Fiscal Year, all Parcels within the boundaries of CFD No. 2022-02 that have been granted a welfare exemption by the County under subdivision (g) of Section 214 of the Revenue and Taxation Code. B. DETERMINATION OF TAXABLE PARCELS On, or about, July 1 of each Fiscal Year, the CFD Administrator shall determine the valid Assessor’s Parcel Numbers for all Taxable Property within CFD No. 2022-02. If any Assessor’s Parcel Numbers are no longer valid, the CFD Administrator shall determine the new Assessor’s Parcel Number or Numbers in effect for the then-current Fiscal Year. To the extent a Parcel or Parcels of Taxable Property are subdivided, consolidated, or otherwise reconfigured, the Maximum Special Tax shall be assigned to the new Assessor’s Parcels Numbers pursuant to Section C. The CFD Administrator shall also determine: (i) the Tax Zone within which each Parcel is located; (ii) which Parcels are Developed Property and Undeveloped Property; (iii) the number of Units or Acreage each Parcel contains; (iv) the property type, i.e., Industrial Property, Mixed-Use Property, etc.; and (v) the Annual Special Tax Requirement for the Fiscal Year. C. MAXIMUM ANNUAL SPECIAL TAX RATE The Maximum Special Tax for each Assessor’s Parcel of Taxable Property within Tax Zone No. 1 shall be assigned according to the table on the following page. Tax Zone No. 1 Property Land Use 2022/23 Maximum Special Tax Rate Industrial Property $5,852.00 per Acre Mixed Use Property $12,030.00 per Acre Accessory Dwelling Units $731.50 per ADU Undeveloped Property $200.00 per Parcel * On each July 1, commencing on July 1, 2023, the Maximum Special Tax Rate shall be increased by the Tax Escalation Factor. On July 1 of each Fiscal Year, commencing on July 1, 2023, the Maximum Special Tax for Tax Zone No. 1 shall be increased by an amount equal to the Tax Escalation Factor. Page 159 Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga Page 5 B-5 A different Maximum Special Tax rate and Tax Escalation Factor may be identified in Tax Zones added to CFD No. 2022-02 as a result of future annexations. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX All Taxable Property shall be subject to a Special Tax defined as follows. The Special Tax shall be levied each Fiscal Year by the CFD Administrator. The Annual Special Tax Requirement shall be apportioned to each Parcel within CFD No. 2022-02 by the method shown below. First: Determine the Annual Special Tax Requirement. Second: Levy the Special Tax on each Parcel of Developed Property and Undeveloped Property, Proportionately, up to the applicable Maximum Special Tax. Under no circumstances will the Special Tax on any Assessor’s Parcel used for private residential purposes be increased by more than 10% as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 2022-02. E. EXEMPTIONS Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on Property Owner’s Association Property, Assessor’s Parcels with public or utility easements making impractical their utilization for any use other than the purposes set forth in the easement, or Public Property, except as otherwise provided in Sections 53317.3, 53317.5, and 53340.1 of the Act. Welfare Exempt Property shall be exempt from the Special Tax in each Fiscal Year the property qualifies as Welfare Exempt Property. F. APPEAL OF SPECIAL TAX LEVY Any property owner may file a written appeal of the Special Tax with the CFD Administrator claiming that the amount or application of the Special Tax is not correct. The appeal must be filed not later than one calendar year after having paid the Special Tax that is disputed, and the appellant must be current in all payments of the Special Tax. In addition, during the term of the appeal process, all Special Tax levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the property owner disagrees with the CFD Administrator’s decision relative to the appeal, the owner may then file a written appeal with the City Council whose subsequent decision shall be final and binding on all interested parties. If the decision of the CFD Administrator or subsequent decision by the City Council requires the Special Tax to be modified or changed in favor of the property owner, the CFD Administrator shall determine if sufficient Special Tax revenue is available to make Page 160 Community Facilities District No. 2022-02 (Industrial Area Services) of the City of Rancho Cucamonga Page 6 B-6 a cash refund. If a cash refund cannot be made, then an adjustment shall be made to credit future Special Taxes. This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner. G. INTERPRETATION OF RATE AND METHOD OF APPORTIONMENT The City Council may, by resolution or ordinance, interpret, clarify and/or revise this Rate and Method of Apportionment to correct any inconsistency, vagueness, or ambiguity as it relates to the Special Taxes, method of apportionment, classification of Assessor’s Parcels, or any definition used herein, as long as such correction does not materially affect the levy and collection of Special Taxes. In addition, the interpretation and application of any section of this document shall be at the City’s discretion. H. MANNER AND DURATION OF SPECIAL TAX The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided that the City may directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner if needed to meet the financial obligations of CFD No. 2022-02, and may collect delinquent Special Taxes through available methods. A Special Tax shall be levied commencing in Fiscal Year 2022/23 to the extent necessary to satisfy the Annual Special Tax Requirement and shall be levied for as long as required to satisfy the Annual Special Tax Requirement. I. PREPAYMENT OF SPECIAL TAX The Special Tax may not be prepaid. Page 161 ADDITIONAL MATERIAL ITEM D13 – 4/20/2022 CITY COUNCIL MEETING SLDs vs. CFD 2022-01 (Street Lighting Services) Below is the table that compares the Street Lighting CFDs to the existing SLD rates. Note, that there are eight tax zones which overlap the eight SLDs, and these are rates for single family residences (or by acres for SLD 6 for commercial/industrial development). The rates which increase are because the calculation removes any General Fund subsidy to true-up the rate. However, all of the zones have an escalator of 2-6% per year based on actual operations. Property Land Use Rate Property Land Use Rate Si ngle -family Home $17.77 Singl e-famil y Home $22.67 Property Land Use Rate Property Land Use Rate Si ngle -family Home $39.97 Singl e-famil y Home $75.17 Property Land Use Rate Property Land Use Rate Si ngle -family Home $47.15 Singl e-famil y Home $47.15 Property Land Use Rate Property Land Use Rate Si ngle -family Home $28.96 Singl e-famil y Home $28.96 Property Land Use Rate Property Land Use Rate Si ngle -family Home $34.60 Singl e-famil y Home $63.79 Property Land Use Rate Property Land Use Rate Non-re sidential $51.40 Non-resi de ntial $51.40 Property Land Use Rate Property Land Use Rate Si ngle -family Home $33.32 Singl e-famil y Home $58.64 Property Land Use Rate Property Land Use Rate Si ngle -family Home $30.60 Singl e-famil y Home $37.79 SLD 3 Tax Zone 3 SLD 7 Tax Zone 7 SLD 8 Tax Zone 8 SLDs CFD 2022-01 SLD 4 Tax Zone 4 SLD 5 Tax Zone 5 SLD 6 Tax Zone 6 SLD 1 Tax Zone 1 SLD 2 Tax Zone 2 Page 162 DATE:April 20, 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 Justine Garcia, Deputy Director of Engineering Services SUBJECT:Consideration of Resolutions Authorizing Submittal of a Claim to the San Bernardino County Transportation Authority (SBCTA) for Transportation Development Act (TDA) Article 3 Funds for the Cucamonga Creek Channel Maintenance Project and Haven Avenue Sidewalk Improvement Project. (RESOLUTION NOS. 2022-037 AND 2022-038) (CITY) RECOMMENDATION: Staff recommends that the City Council approve resolutions authorizing submittal of a claim to the San Bernardino County Transportation Authority (SBCTA) for Transportation Development Act (TDA) Article 3 funds for the Cucamonga Creek Channel Maintenance Project and Haven Avenue Sidewalk Improvement Project. BACKGROUND: Every two years SBCTA releases a Call for Projects for their TDA Article 3 Program which provides that 2 percent of the Local Transportation Funds (LTF) be made available to counties and cities for the construction or improvement of facilities that provide for the exclusive use of pedestrians and bicyclists. Each cycle, the City of Rancho Cucamonga applies for various projects that align with the goals of the grant program and has been awarded funding for various trail and bus stop enhancement projects since at least 2013. ANALYSIS: In 2021, staff submitted two applications for consideration, the Cucamonga Creek Channel Maintenance Project and the Haven Avenue Sidewalk Improvement Project. Both projects were selected for funding and will result in a total of up to $311,607 in TDA Article 3 Funds being distributed to the City on a reimbursement basis. The Cucamonga Creek Channel Maintenance Project will allow the City to improve a 1.14 mile long stretch of the existing Class I bike trail on the west side of the Channel from Foothill Boulevard to Red Hill Country Club Drive and on the east side from the PE Trail to Base Line Road. The Haven Avenue Sidewalk Improvement Project will provide for the construction of an 8-foot- wide sidewalk along the east side of Haven Avenue along Chaffey College from just north of Banyan Street to Wilson Avenue. Page 163 Page 2 1 2 3 5 FISCAL IMPACT: At this time there is no fiscal impact. It should be noted that there is a 35% match associated with each grant application which will be accounted for and appropriated at the time of construction contract award for each project. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This project meets City Council core values by promoting and enhancing a safe and healthy community for all, and by providing for continuous improvement through the construction of high- quality public improvements. ATTACHMENTS: Attachment 1 - Resolution No. 2022-037 Attachment 2 - TDA Article 3 Award Claim Form - Cucamonga Creek Channel Maintenance Project Attachment 3 - Resolution No. 2022-038 Attachment 4 - TDA Article 3 Award Claim Form - Haven Avenue Sidewalk Improvement Project Page 164 Resolution No. 2022-037 - Page 1 of 3 2 3 2 1 RESOLUTION NO. 2022-037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING SUBMITTAL OF A CLAIM TO THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY (SBCTA) FOR TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 3 FUNDS FOR THE CUCAMONGA CREEK CHANNEL MAINTENANCE PROJECT WHEREAS, the Mills-Alquist-Deddeh Act (SB 325) was enacted by the California Legislature to improve existing public transportation services and encourage regional transportation coordination. Known as the Transportation Development Act (TDA) of 1971, this law provides funding to be allocated to transit and non-transit related purposes that comply with regional transportation plans; and WHEREAS, TDA provides two funding sources, the Local Transportation Fund (LTF) and State Transit Assistance fund (STA); and WHEREAS, LTF is derived from a ¼ cent of the general sales tax collected statewide and apportioned by population to areas within the county; and WHEREAS, STA is derived from the statewide sales tax on diesel fuel, plus an additional vehicle registration fee authorized under Senate Bill 1, referred to as the State of Good Repair, and both are apportioned by the State Controller’s Office 50% by population and 50% by transit operator revenues; and WHEREAS, the San Bernardino County Transportation Authority (SBCTA) authorizes funding for a wide variety of transportation programs in San Bernardino County, including planning and program activities, pedestrian and bicycle facilities, community transit services, public transportation, and bus and rail projects to local transportation agencies through annual apportionment and allocation processes, and approves payments periodically throughout the year; and WHEREAS, SBCTA awarded the City of Rancho Cucamonga TDA Article 3 grant funds in the amount of $84,415.00 for development of the Cucamonga Creek Channel Maintenance Project within the City of Rancho Cucamonga jurisdiction through a competitive “Call for Projects”; and WHEREAS, TDA Article 3 grant funds are provided on a reimbursement basis; and WHEREAS, SBCTA requires the City of Rancho Cucamonga to submit a claim and request(s) for reimbursement; and WHEREAS, submittal of the claim for TDA Article 3 funds must be first authorized by the City Council of the City of Rancho Cucamonga; and WHEREAS, the Cucamonga Creek Channel Maintenance Project award is over $200,000, and is eligible for progress reimbursement, or under, and eligible for reimbursement at project completion; and WHEREAS, SBCTA requires the designation of individuals authorized to certify Project completion; and Attachment 1 Page 165 Resolution No. 2022-037 - Page 2 of 3 2 3 2 1 WHEREAS, the City Manager, or their designee, is authorized to certify project completion, and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga authorizes submittal of a claim and request for reimbursement(s) for TDA Article 3 funds for the Cucamonga Creek Channel Maintenance Project in the amount of $84,415.00 and that the City Council is authorized to certify project completion. Page 166 Resolution No. 2022-037 - Page 3 of 3 2 3 2 1 PASSED, APPROVED and ADOPTED this 20 day of April, 2022. __________________________________ L. Dennis Michael, Mayor ATTEST: __________________________________ Janice C. Reynolds, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 20th day of April, 2022. AYES: NOES: ABSENT: ABSTAINED: Executed this 21st day of April, 2022, at Rancho Cucamonga, California. __________________________________ Janice C. Reynolds, City Clerk APPROVED AS TO FORM: __________________________________ Nicholas R. Ghirelli, City Attorney Richards, Watson & Gershon Page 167 San Bernardino Associated Governments Claim Form Article 3 Grant Program Project Name:Cucamonga Creek Channel Maintenance Grant Allocation No:L22‐0702‐0745‐00 Claimant: City of Rancho Cucamonga Address: Attention: Phone No: E‐mail Address: 84,415.00$                             Purpose: Please check one purpose. Authorizing Signature: (Authorized Agent specified in Authorizing Resolution) Date: Signature Type Name & Title Award Amount 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Approval of this claim and payment by the County Auditor to this claimant are subject to monies being available and  to the provision that such monies will be used only in accordance with the approved allocation instruction. Transit Stop Access Improvements, PUC 99233.3 Justine Garcia, Deputy Director of Engineering Services 909‐774‐2046 justine.garcia@cityofrc.us Condition of Approval: Article 3 Bicycle/Pedestrian Facilities, Public Utilities Code (PUC) 99233.3 Art3_RanchoCucamonga_FY21_BikePed_CucaCreekMaint_Claim Claim Form Page 1 Attachment 2 Page 168 Resolution No. 2022-038 - Page 1 of 3 RESOLUTION NO. 2022-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA AUTHORIZING SUBMITTAL OF A CLAIM TO THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY (SBCTA) FOR TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 3 FUNDS FOR THE HAVEN AVENUE SIDEWALK IMPROVEMENT PROJECT WHEREAS, the Mills-Alquist-Deddeh Act (SB 325) was enacted by the California Legislature to improve existing public transportation services and encourage regional transportation coordination. Known as the Transportation Development Act (TDA) of 1971, this law provides funding to be allocated to transit and non-transit related purposes that comply with regional transportation plans; and WHEREAS, TDA provides two funding sources, the Local Transportation Fund (LTF) and State Transit Assistance fund (STA); and WHEREAS, LTF is derived from a ¼ cent of the general sales tax collected statewide and apportioned by population to areas within the county; and WHEREAS, STA is derived from the statewide sales tax on diesel fuel, plus an additional vehicle registration fee authorized under Senate Bill 1, referred to as the State of Good Repair, and both are apportioned by the State Controller’s Office 50% by population and 50% by transit operator revenues; and WHEREAS, the San Bernardino County Transportation Authority (SBCTA) authorizes funding for a wide variety of transportation programs in San Bernardino County, including planning and program activities, pedestrian and bicycle facilities, community transit services, public transportation, and bus and rail projects to local transportation agencies through annual apportionment and allocation processes, and approves payments periodically throughout the year; and WHEREAS, SBCTA awarded the City of Rancho Cucamonga TDA Article 3 grant funds in the amount of $227,192.00 for development of the Haven Avenue Sidewalk Improvement Project within the City of Rancho Cucamonga jurisdiction through a competitive “Call for Projects”; and WHEREAS, TDA Article 3 grant funds are provided on a reimbursement basis; and WHEREAS, SBCTA requires the City of Rancho Cucamonga to submit a claim and request(s) for reimbursement; and WHEREAS, submittal of the claim for TDA Article 3 funds must be first authorized by the City Council of the City of Rancho Cucamonga; and WHEREAS, the Haven Avenue Sidewalk Improvement Project award is over $200,000, and is eligible for progress reimbursement, or under, and eligible for reimbursement at project completion; and WHEREAS, SBCTA requires the designation of individuals authorized to certify Project completion; and Attachment 3 Page 169 Resolution No. 2022-038 - Page 2 of 3 WHEREAS, the City Manager, or their designee, is authorized to certify project completion, and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga authorizes submittal of a claim and request for reimbursement(s) for TDA Article 3 funds for the Haven Avenue Sidewalk Improvement Project in the amount of $227,192.00 and that the City Council is authorized to certify project completion. Page 170 Resolution No. 2022-038 - Page 3 of 3 PASSED, APPROVED and ADOPTED this 20th day of April, 2022. __________________________________ L. Dennis Michael, Mayor ATTEST: __________________________________ Janice C. Reynolds, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 20th day of April, 2022. AYES: NOES: ABSENT: ABSTAINED: Executed this 21st day of April, 2022, at Rancho Cucamonga, California. __________________________________ Janice C. Reynolds, City Clerk APPROVED AS TO FORM: __________________________________ Nicholas R. Ghirelli, City Attorney Richards, Watson & Gershon Page 171 San Bernardino Associated Governments Claim Form Article 3 Grant Program Project Name:Haven Sidewalk Improvement Grant Allocation No:L22‐0702‐0745‐01 Claimant: City of Rancho Cucamonga Address: Attention: Phone No: E‐mail Address: 227,192.00$                           Purpose: Please check one purpose. Authorizing Signature: (Authorized Agent specified in Authorizing Resolution) Date: Signature Type Name & Title Approval of this claim and payment by the County Auditor to this claimant are subject to monies being available and  to the provision that such monies will be used only in accordance with the approved allocation instruction. Transit Stop Access Improvements, PUC 99233.3 Justine Garcia, Deputy Director of Engineering Services 909‐774‐2046 justine.garcia@cityofrc.us Condition of Approval: Article 3 Bicycle/Pedestrian Facilities, Public Utilities Code (PUC) 99233.3 Award Amount 10500 Civic Center Drive Rancho Cucamonga, CA 91739 Art3_RanchoCucamonga_FY21_BikePed_HavenSidewalk_Claim Claim Form Page 1 Attachment 4 Page 172 DATE:April 20, 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 to Adopt a Resolution Updating the Rancho Cucamonga Executive Management Group Salary Schedule for Fiscal Year 2021-22, Including a Salary Adjustment to the Planning and Economic Development Director and Assistant City Manager Classifications, and updating the Rancho Cucamonga City Employees Association Salary Schedule for Fiscal Year 2021-22, Including a Change in Exempt Status for the Library Assistant I Classification. (RESOLUTION NO. 2022-043) (CITY) RECOMMENDATION: Staff recommends that the City Council of the City of Rancho Cucamonga adopt a Resolution updating the Executive Management Group (EMG) Salary Schedule for Fiscal Year 2021-22, including a salary adjustment to the Planning and Economic Development Director and Assistant City Manager classifications, and updating the Rancho Cucamonga City Employees Association (RCCEA) Salary Schedule for Fiscal Year 2021-22, including a change in exempt status for the Library Assistant I classification. BACKGROUND: The City Council traditionally adopts salary resolutions 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: The Planning and Economic Development Director position is an update to the vacant Planning Director classification that adds critical economic development duties to the responsibilities of this position. This position is responsible for setting and implementing a strategic vision for the Planning and Economic Development Department, policy development, program planning, community engagement, budget management, and operational direction of the Planning and Economic Development Department functions. Staff is recommending a 2% salary adjustment to the position due to the expanded responsibilities and to help with recruitment and retention of the position. In 2015, the City adopted compaction language in the Executive Management MOU. In reviewing the current Executive Management salary schedule, staff found the vacant Assistant City Manager position’s top step salary had not been adjusted accordingly to a subordinate position. Staff recommends adjusting the salary in accordance with the current Executive Management MOU. Page 173 Page 2 1 2 3 4 The City has not previously employed a full-time Library Assistant I position. In reviewing the position prior to a current recruitment for a full-time employee, staff determined that based on the scope of the duties in the job description and envisioned by the Library, this position should be classified as a general position and not a supervisory professional position. This makes the position non-exempt under the FLSA, and therefore eligible for overtime pay. The position would then not be eligible for administrative leave or other benefits afforded a supervisory professional position. Staff consulted with RCCEA on this change. In an effort to assist with recruitment and retention efforts and reflect the additional duties, staff recommends that the City Council approve a 2% increase to the Planning and Economic Development Director salary range. Staff also recommends that the City Council approve an increase to the Assistant City Manager salary schedule of 13% to reflect the compaction language of the current MOU. Staff further recommends changing the Library Assistant I position from a supervisory professional position to a general employee position to reflect its non-exempt status. Finally, staff recommends adopting the attached EMG and RCCEA salary schedule reflecting these changes. All other salaries, classifications, job titles, and other terms of employment remain the same. FISCAL IMPACT: Adjustments to the salary ranges can be absorbed upon the position being filled at a lower pay step and the change in exempt status should be cost neutral. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This item addresses the City Council’s core values of intentionally embracing and anticipating the future and attaining equitable prosperity for all. ATTACHMENTS: Attachment 1 – Resolution No. 2022-043 Attachment 2 – Executive Management Group Salary Schedule Attachment 3 – Rancho Cucamonga City Employees Association Salary Schedule Page 174 Resolution No. 2022-043 - Page 1 of 1 RESOLUTION NO. 2022-043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE RANCHO CUCAMONGA EXECUTIVE MANAGEMENT GROUP SALARY SCHEDULE FOR FISCAL YEAR 2021-22, INCLUDING A SALARY ADJUSTMENT TO THE PLANNING AND ECONOMIC DEVELOPMENT DIRECTOR AND ASSISTANT CITY MANAGER CLASSIFICATIONS, AND THE RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION SALARY SCHEDULE FOR FISCAL YEAR 2021-22, INCLUDING A CHANGE IN EXEMPT STATUS FOR THE LIBRARY ASSISTANT I CLASSIFICATION. 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 recognize that it is necessary from time to time to amend the salary resolution to accommodate changes in position titles, classifications salary ranges, benefits and other terms of employment; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California to approve the attached salary schedules for the Executive Management Group and the Rancho Cucamonga City Employees Association (Attachments 2-3) effective April 20, 2022. PASSED, APROVED AND ADOPTED this 20th day of April 2022. Page 175 Minimum Control Point Maximum Class Title Step Amount Step Amount Step Amount Animal Services Director 1604 $9,478 1644 $11,570 1674 $13,427 Assistant City Manager 1698 $15,415 1738 $18,490 1768 $21,475 Building and Safety Services Director 1609 $9,716 1649 $11,863 1679 $13,777 City Clerk Services Director 1594 $9,016 1632 $10,897 1675 $13,505 City Manager 1756 $20,226 1796 $24,693 1826 $28,678 Community Services Director 1627 $10,629 1667 $12,977 1697 $15,070 Deputy City Manager/Administrative Services 1647 $11,744 1687 $14,338 1717 $16,652 Deputy City Manager/Civic & Cultural Services 1647 $11,744 1687 $14,338 1717 $16,652 Deputy City Manager/ Econ. & Comm. Dev.1647 $11,744 1687 $14,338 1717 $16,652 Eng Svs Director/City Engineer 1628 $10,682 1668 $13,041 1698 $15,145 Finance Director 1629 $10,736 1669 $13,106 1699 $15,222 Human Resources Director 1621 $10,316 1661 $12,593 1691 $14,627 Innovation and Technology Director 1637 $11,174 1677 $13,640 1697 $15,070 Library Director 1615 $10,012 1655 $12,222 1685 $14,195 Planning and Economic Development Director 1625 $10,524 1665 $12,848 1695 $14,920 Public Works Services Director 1609 $9,716 1649 $11,863 1679 $13,777 Fire Chief*A $15,982 F $20,397 * Included for informational purposes only - This is a Fire District Management Employee Group position not a City position EXECUTIVE MANAGEMENT GROUP ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES Monthly Pay Ranges effective April 20, 2022 Resolution No. 2022-043 ATTACHMENT 2 Page 176 Resolution No. 2022-043 RCCEA COVERED EMPLOYEES IN THE SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES Monthly Pay Ranges Effective April 20, 2022 Minimum Control Point Maximum Class Title Step Amount Step Amount Step Amount Account Clerk 4375 $3,101 4415 $3,786 4435 $4,183 Account Technician 4423 $3,939 4463 $4,808 4483 $5,314 Accountant#3465 $4,858 3505 $5,930 3525 $6,551 Accounts Payable Supervisor#3470 $4,980 3510 $6,079 3530 $6,717 Administrative Assistant 4369 $3,009 4409 $3,673 4429 $4,059 Administrative Technician 4437 $4,225 4477 $5,157 4497 $5,697 Animal Behavior Specialist 4388 $3,308 4428 $4,039 4448 $4,463 Animal Care Attendant 4349 $2,724 4389 $3,325 4409 $3,673 Animal Care Supervisor#3440 $4,288 3480 $5,233 3500 $5,783 Animal Caretaker 4378 $3,149 4418 $3,842 4438 $4,245 Animal Rescue Specialist 4388 $3,308 4428 $4,039 4448 $4,463 Animal Services Dispatcher 4369 $3,009 4409 $3,673 4429 $4,059 Animal Services Officer I 4421 $3,901 4461 $4,761 4481 $5,261 Animal Services Officer II 4441 $4,309 4481 $5,261 4501 $5,813 Artistic Producer - Mainstreet Theatre Company 4450 $4,508 4490 $5,502 4510 $6,079 Assistant Engineer#3488 $5,446 3528 $6,649 3548 $7,348 Assistant Planner#3468 $4,931 3508 $6,019 3528 $6,649 Associate Engineer#3518 $6,326 3558 $7,722 3578 $8,533 Associate Planner#3487 $5,420 3527 $6,618 3547 $7,311 Box Office Coordinator 4450 $4,508 4490 $5,502 4510 $6,079 Budget Analyst#3515 $6,232 3555 $7,607 3575 $8,405 Building Inspection Supervisor#2 3504 $5,899 3544 $7,202 3564 $7,958 Building Inspector I2 4444 $4,373 4484 $5,339 4504 $5,899 Building Inspector II2 4464 $4,832 4504 $5,899 4524 $6,518 Business License Clerk 4378 $3,149 4418 $3,842 4438 $4,245 Business License Inspector 4418 $3,842 4458 $4,690 4478 $5,183 Business License Program Coordinator#3432 $4,121 3472 $5,028 3492 $5,556 Business License Program Supervisor#3470 $4,980 3510 $6,079 3530 $6,717 Business License Technician 4408 $3,656 4448 $4,463 4468 $4,931 City Clerk Records Management Analyst#3470 $4,980 3510 $6,079 3530 $6,717 Community Affairs Coordinator 4450 $4,508 4490 $5,502 4510 $6,079 Community Affairs Officer#3515 $6,232 3555 $7,607 3575 $8,405 Community Affairs Senior Coordinator#3480 $5,233 3520 $6,390 3540 $7,060 Community Affairs Specialist 4350 $2,736 4390 $3,341 4410 $3,692 Community Affairs Technician 4437 $4,225 4477 $5,157 4497 $5,697 ATTACHMENT 3Page177 Community Development Technician I 4413 $3,746 4453 $4,575 4473 $5,055 Community Development Technician II 4423 $3,939 4463 $4,808 4483 $5,314 Community Improvement Supervisor#2 3504 $5,899 3544 $7,202 3564 $7,958 Community Improvement Officer I 4421 $3,901 4461 $4,761 4481 $5,261 Community Improvement Officer II 4441 $4,309 4481 $5,261 4501 $5,813 Community Programs Coordinator 4450 $4,508 4490 $5,502 4510 $6,079 Community Programs Specialist 4437 $4,225 4477 $5,157 4497 $5,697 Community Services Coordinator 4450 $4,508 4490 $5,502 4510 $6,079 Community Services Project Coordinator#3500 $5,783 3540 $7,060 3560 $7,799 Community Services Specialist 4350 $2,736 4390 $3,341 4410 $3,692 Community Services Supervisor#3480 $5,233 3520 $6,390 3540 $7,060 Community Services Technician 4437 $4,225 4477 $5,157 4497 $5,697 Community Theater Producer 4450 $4,508 4490 $5,502 4510 $6,079 Customer Care Assistant 4349 $2,724 4409 $3,673 4429 $4,059 Customer Service Representative 4378 $3,149 4418 $3,842 4438 $4,245 Deputy City Clerk#3430 $4,079 3470 $4,980 3490 $5,502 Engineering Aide 4421 $3,901 4461 $4,761 4481 $5,261 Engineering Technician 4441 $4,309 4481 $5,261 4501 $5,813 Environmental Programs Coordinator#3503 $5,870 3543 $7,167 3563 $7,918 Environmental Programs Inspector2 4464 $4,832 4504 $5,899 4524 $6,518 Event & Rental Services Coordinator 4450 $4,508 4490 $5,502 4510 $6,079 Executive Assistant II#3444 $4,373 3484 $5,339 3504 $5,899 Executive Assistant1 4394 $3,409 4464 $4,832 4484 $5,339 Fleet Supervisor#2 3488 $5,446 3528 $6,649 3548 $7,348 Front of House Coordinator 4450 $4,508 4490 $5,502 4510 $6,079 Fund Development Coordinator#3470 $4,980 3510 $6,079 3530 $6,717 GIS Analyst#3505 $5,930 3545 $7,239 3565 $7,996 GIS Specialist 4456 $4,645 4496 $5,669 4516 $6,264 GIS Supervisor#3535 $6,887 3575 $8,405 3595 $9,287 GIS Technician 4436 $4,202 4476 $5,130 4496 $5,669 Human Resources Business Partner#3433 $4,140 3473 $5,055 3493 $5,586 Human Resources Clerk 4389 $3,325 4429 $4,059 4449 $4,484 Human Resources Technician 4408 $3,656 4448 $4,463 4468 $4,931 Information Technology Analyst I#3505 $5,930 3545 $7,239 3565 $7,996 Information Technology Analyst II#3520 $6,390 3560 $7,799 3580 $8,616 Information Technology Specialist I 4456 $4,645 4496 $5,669 4516 $6,264 Resolution No. 2022-043 RCCEA COVERED EMPLOYEES IN THE SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES Monthly Pay Ranges Effective April 20, 2022 Minimum Control Point Maximum ATTACHMENT 3Page178 Information Technology Specialist II 4471 $5,005 4511 $6,109 4531 $6,750 Information Technology Technician 4411 $3,710 4451 $4,528 4471 $5,005 Lead Park Ranger 4421 $3,901 4461 $4,761 4481 $5,261 Librarian I#3435 $4,183 3475 $5,106 3495 $5,641 Librarian II#3457 $4,667 3497 $5,697 3517 $6,296 Library Assistant I 3373 $3,068 3413 $3,746 3433 $4,140 Library Assistant II#3414 $3,767 3454 $4,598 3474 $5,080 Library Clerk 4356 $2,820 4396 $3,443 4416 $3,803 Library Technician 4393 $3,391 4433 $4,140 4453 $4,575 Maintenance Supervisor#2 3488 $5,446 3528 $6,649 3548 $7,348 Management Aide 4440 $4,288 4480 $5,233 4500 $5,783 Management Analyst I#3470 $4,980 3510 $6,079 3530 $6,717 Management Analyst II#3498 $5,726 3538 $6,991 3558 $7,722 Management Analyst III#3515 $6,232 3555 $7,607 3575 $8,405 Office Services Clerk 4369 $3,009 4409 $3,673 4429 $4,059 Patron & Events Supervisor#3480 $5,233 3520 $6,390 3540 $7,060 Payroll Supervisor#3470 $4,980 3510 $6,079 3530 $6,717 Planning Specialist 4443 $4,351 4483 $5,314 4503 $5,870 Planning Technician 4423 $3,939 4463 $4,808 4483 $5,314 Plans Examiner I 4474 $5,080 4514 $6,202 4534 $6,852 Plans Examiner II#3488 $5,446 3528 $6,649 3548 $7,348 Procurement & Contracts Analyst#3433 $4,140 3473 $5,055 3493 $5,586 Procurement Clerk 4374 $3,086 4414 $3,767 4434 $4,162 Procurement Technician 4411 $3,710 4451 $4,528 4471 $5,005 Public Services Technician I 4413 $3,746 4453 $4,575 4473 $5,055 Public Services Technician II 4423 $3,939 4463 $4,808 4483 $5,314 Public Services Technician III 4443 $4,351 4483 $5,314 4503 $5,870 Public Works Inspector I2 4444 $4,373 4484 $5,339 4504 $5,899 Public Works Inspector II2 4464 $4,832 4504 $5,899 4524 $6,518 Public Works Safety Coordinator #2 3468 $4,931 3508 $6,019 3528 $6,649 Records Clerk 4358 $2,848 4398 $3,477 4418 $3,842 Records Coordinator 4386 $3,274 4426 $3,999 4446 $4,417 Risk Management Coordinator#3470 $4,980 3510 $6,079 3530 $6,717 Senior Account Clerk 4395 $3,426 4435 $4,183 4455 $4,620 Senior Account Technician 4446 $4,417 4486 $5,394 4506 $5,960 Senior Accountant#3498 $5,726 3538 $6,991 3558 $7,722 Resolution No. 2022-043 RCCEA COVERED EMPLOYEES IN THE SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES Monthly Pay Ranges Effective April 20, 2022 Minimum Control Point Maximum ATTACHMENT 3Page179 Senior Animal Services Officer#3461 $4,761 3501 $5,813 3521 $6,422 Senior Building Inspector#2 3484 $5,339 3524 $6,518 3544 $7,202 Senior Business License Clerk 4398 $3,477 4438 $4,245 4458 $4,690 Senior Community Improvement Officer#3461 $4,761 3501 $5,813 3521 $6,422 Senior Electrician #3485 $5,367 3525 $6,551 3545 $7,239 Senior GIS Analyst #3520 $6,390 3560 $7,799 3580 $8,616 Senior Information Technology Analyst#3535 $6,887 3575 $8,405 3595 $9,287 Senior Information Technology Specialist#4493 $5,586 4533 $6,819 4553 $7,533 Senior Librarian#3468 $4,931 3508 $6,019 3528 $6,649 Senior Park Planner#3500 $5,783 3540 $7,060 3560 $7,799 Senior Plans Examiner#3503 $5,870 3543 $7,167 3563 $7,918 Senior Procurement Technician#3463 $4,808 3503 $5,870 3523 $6,486 Senior Risk Management Analyst#3515 $6,232 3555 $7,607 3575 $8,405 Senior Veterinary Technician#3461 $4,761 3501 $5,813 3521 $6,422 Special Districts Analyst#3498 $5,726 3538 $6,991 3558 $7,722 Supervising Public Works Inspector#2 3494 $5,612 3534 $6,852 3554 $7,570 Supervising Traffic Systems Specialist#2 3502 $5,841 3542 $7,131 3562 $7,878 Theater Production Coordinator 4460 $4,738 4500 $5,783 4520 $6,390 Theater Production Supervisor#3480 $5,233 3520 $6,390 3540 $7,060 Theatre Technician III 4423 $3,939 4463 $4,808 4483 $5,314 Utilities Operation Supervisor#3515 $6,232 3555 $7,607 3575 $8,405 Veterinary Assistant 4407 $3,637 4447 $4,441 4467 $4,905 Veterinary Technician 4437 $4,225 4477 $5,157 4497 $5,697 1. When acting as Clerk to Commissions $50 paid per night or weekend day meeting. Compensatory time off can be substituted in lieu of $50 at the option of the employee.2. Refer to MOU for provision of boot allowance.# Denotes Supervisory/Professional Class Resolution No. 2022-043 RCCEA COVERED EMPLOYEES IN THE SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES Monthly Pay Ranges Effective April 20, 2022 Minimum Control Point Maximum ATTACHMENT 3Page180 DATE:April 20, 2022 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Matthew R. Burris, AICP, Deputy City Manager/Interim Planning Director Vincent Acuna, Associate Planner SUBJECT:PUBLIC HEARING FOR CONSIDERATION OF AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO APPROVE DESIGN REVIEW DRC2019-00766 - RALPH KARUBIAN, APPLICANT. The Project is a Site Plan and Architectural Review of a 159,580 Square-Foot Industrial/Warehouse Building on 7.39 Acres of Land in the Industrial Employment (IE) District on the Northwest Corner of Jersey Boulevard and Milliken Avenue; APN: 0229-111-60. An Environmental Impact Report (EIR) Was Prepared For This Project. (RESOLUTION NO. 2022- 035 AND RESOLUTION NO. 2022-036) (CITY) RECOMMENDATION: Staff recommends the City Council deny the appeal and uphold the Planning Commission decision to approve Design Review DRC2019-00766 by adopting City Council Resolution No. 2022-035 and certify the related EIR by adopting City Council Resolution No. 2022-036. BACKGROUND: On February 9, 2022, Design Review DRC2019-00766 for a site plan and architectural review for the construction of a 159,580 square-foot industrial/warehouse building went before the Planning Commission for consideration (Attachment 1). Prior to the meeting, correspondence was received from Lozeau Drury, LLP, raising concerns related to the adequacy of the EIR. The Planning Commission reviewed the correspondence from Lozeau Drury, LLP, and determined that the EIR adequately addressed all potential impacts of the project. The Planning Commission certified the EIR (SCH No. 2021060608) and approved Design Review DRC2019-00766 (Attachment 2). On February 17, 2022, an appeal of the Planning Commission approval was received from Lozeau Drury, LLP, within the 10-day appeal period. The project includes the construction of an industrial/warehouse building totaling 159,580 square feet, divided into four separate units. Units range in size from 38,490 to 42,368 square feet. No specific use has been proposed for any of the units at this time, although it is anticipated that the building will primarily house small warehouse/storage/distribution businesses. The dock loading/storage area will be located on the north side (rear) of the building away from public view. There are three proposed points of vehicular access located along the south (Jersey Boulevard) and northeast (Milliken Avenue) portions of the project site. The project meets all pertinent development standards in the underlying zoning district including setbacks, parking, Page 181 Page 2 1 1 8 8 landscaping, and building height at the time it was deemed complete. The physical building as well as the anticipated warehouse/storage/distribution uses for the project site meets the purpose and intent of the underlying General Plan designation. The project was deemed complete prior to the adoption of the new industrial standards through Ordinance 982. However, while the project is exempt from these requirements, the applicant has made a diligent effort to incorporate requirements of Ord. 982 into the project where feasible. ANALYSIS: The appellant’s appeal letter (Attachment 3) asserts that that project’s EIR fails to thoroughly analyze the project’s impacts related to Air Quality and Biological Resources. The applicant has provided response letters from Birdseye Planning Group (Attachment 4) and ELMT Consulting (Attachment 5) to address the comments discussed in the appeal. Responses to the appellant’s comments are summarized below. A1: EIR Fails to Establish an Accurate Baseline for Sensitive Biological Resources Response: As discussed in the Habitat Assessment prepared by ELMT Consulting, Inc. (May 21 2020), the project site is in an area that is almost entirely developed. There are a few undeveloped parcels within the general area with no direct connection to undeveloped/native habitats. The project site has been subject to routine human disturbance associated with the surrounding developments for nearly 30 years. As stated in Habitat Assessment, no natural plant communities are present on the project site and only heavily disturbed, human modified areas will be affected by development of the proposed project. The project site has been substantially altered by past development activities in the surrounding area over the last few decades and does not support high quality habitat for foraging or nesting. Regular site maintenance (weed clearance, etc.) and lack of vegetation severally reduces the foraging and nesting opportunities. The assertion that the project plans to improperly rely on a future pre-construction survey to determine the presence/absence of burrowing owls is inaccurate. ELMT’s opinion is that the project site does not support suitable habitat for burrowing owls and burrowing owls are presumed absent. Regulatory compliance with the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code requires a preconstruction clearance survey for nesting birds be conducted within three (3) days of the start of any vegetation removal or ground disturbing activities to ensure that no nesting birds will be disturbed during construction between February 1 and August 31. Given the disturbed nature of the project site, and the lack of vegetation present on the site, there is a lack of habitat suitable for use as nesting sites. A2: EIR Fails to Address the Project’s Potential Significant Impact on Loss of Breeding Capacity Response: The project site has been substantially altered by past disturbance and development activities in the surrounding area over the last few decades. The site does not support long term breeding habitat for nesting birds. Regular site maintenance (weed clearance, etc.) and remediation activities as well as a lack of vegetation limits the breeding capacity of the project site. Implementation of the proposed project would not significantly impact the loss of breeding capacity for nesting birds, particularly to the degree referenced in the comment letter. Page 182 Page 3 1 1 8 8 A3: EIR Inadequately Analyzed the Project’s Impact on Wildlife Movement Response: The project site has been substantially altered by past development activities in the surrounding area over the last few decades and does not currently contain functioning native habitat for any wildlife that may occur in the area. Regular site maintenance (weed clearance, etc.) and remediation activities has occurred on the project site. Further, the project site is not located in an existing wildlife migration corridor. Because the project site is surrounded by existing development, does not support native habitat and is not located in a migratory corridor, ELMT stands by its assessment that implementation of the project will not result in impacts to wildlife movement. A4: EIR Fails to Address Impacts on Wildlife from Additional Traffic Generated by the Project Response: The comment asserts the impacts of wildlife mortality from traffic generated by the proposed project was not addressed in the EIR. The project site is heavily disturbed and surrounded by heavily trafficked streets and existing industrial buildings. The project area does not support high quality habitat for wildlife species. Further, based on ELMT’s assessment, the site is not expected to provide suitable habitat for the majority of the special-status wildlife known to occur in the area. Thus, the project would not modify habitat used by special-status species. Therefore, development of the project site would not substantially increase the level of road mortality for wildlife, in particular special status species. A5: EIR Fails to Adequately Address the Project’s Cumulative Impacts on Wildlife in the Region Response: The comment encompasses a much larger perspective on impacts to native wildlife and is not directly applicable to the immediate project site because the site is heavily disturbed and surrounded by existing development. ELMT’s assessment that the project will not result in cumulative impacts to biological resources because of the lack of habitat and resources on and immediately adjacent to the project site remains applicable and adequately addresses concerns related to potentially impacted wildlife B1: EIR Relies on Unsubstantiated Input Parameters to Estimate Project Emissions; and thus, the Project Will Result in Significant Air Quality Impact Response: Regarding Failure to Model All Proposed Land Uses: The air emissions model was prepared to provide a conservative estimation of daily air emissions and annual greenhouse gas emissions associated with operation of the proposed project. The air quality modeling excluded the office use and replaced it with warehouse use. Excluding the office use in the air quality model is a more conservative approach since the office square footage in the air quality model will actually decrease project emissions from what was originally modelled in the EIR. The California Air Resources Board (CARB) developed an air emissions modelling tool called CalEEMod, which is the model used for the EIR. To determine whether the point raised by the Page 183 Page 4 1 1 8 8 appellant would make a difference in the impact associated with daily and annual emissions, CalEEMod was revised to reduce the warehouse square footage by 8,127 square feet and add 8,127 square feet of office space. The only change in the area and energy emissions was a reduction in reactive organic gas emissions associated with energy use, again decreasing the assumed values in the model used in the EIR. Therefore, modifying CalEEMod as referenced herein would not change the significance finding. Regarding Incorrect Application of Area-Related Operational Mitigation Measure: The appellant contends that any changes to model defaults be justified. However as stated in the comment letter, the “User Entered Comments & Non-Default Data” table fails to provide a justification for the above changes. It is true that no notes were included on the architectural coating screens in CalEEMod 2020.4.0 to justify why low VOC coatings were selected for modeling purposes. However, the reason for doing so is provided on Page 21 of the Air Quality-Greenhouse Gas Technical Report. Similar to implementation of SCAQMD Rule 403 to control dust during construction, SCAQMD Rule 1113 requires the use of low-VOC paint (architectural coatings). It is common methodology to assume 50 g/L for nonflat coatings and 100 g/L for pavement coatings (as done so in the EIR) and this approach is routinely used when evaluating project-related air quality impacts in the South Coast Air Basin. It is important to note that compliance with existing rules and regulations is not considered mitigation for the purpose of CEQA review. Should the appellant require additional evidence that in fact low VOC coatings would be implemented, the project can be conditioned to apply only coatings meeting these emission requirements. B2: The EIR Fails to Adequately Evaluate Health Risk Impacts from Diesel Particulate Matter Emissions. Response: Regarding Diesel Particulate Matter Health Risk Emissions Inadequately Evaluated: The appellant states that the EIR concludes that the Project would have a less-than-significant health risk impact without conducting a quantified construction or operational Health Risk Analysis (HRA). The appellant states that because the EIR fails to prepare a quantified construction and operational HRA the project is inconsistent with CEQA’s requirement to correlate the increase in emissions that the project would generate to the adverse impacts on human health caused by those emissions. The City of Rancho Cucamonga defers to threshold guidance established by the SCAQMD and utilizes the SCAQMD’s CEQA Air Quality Handbook and subsequent guidance provided on the SCAQMD website. As stated in the EIR, the proposed project will not exceed the daily emission thresholds established by the SCAQMD. While the project is not a sensitive use, the nearest sensitive use is located approximately one-half mile south of the site along Milliken Avenue. The daily traffic volumes on Milliken Avenue are and would remain less than the CARB recommended threshold for significant impact. The project-related truck traffic would not pose a health risk that would justify further evaluation in a construction or operational health risk assessment. Page 184 Page 5 1 1 8 8 B3: The EIR Fails to Adequately Evaluate Greenhouse Gas Impacts from the Project. Failure to Adequately Evaluate Greenhouse Gas Impacts Incorrect and Unsubstantiated Quantitative Analysis of Emissions Failure to Consider Performance-based Standards Under CARB’s 2017 Scoping Plan Response: The projected Greenhouse Gas (GHG) emissions for the project is 2,410 metric tons (MT) of Carbon Dioxide Equivalent (CO2e) annually, which is less than 25% of the annual threshold of 10,000 MT of CO2e annually. While the appellant does not identify specific emission sources that were neglected in the modeling, we can assume that they are referring to energy emissions associated with operation of the office space relative to the same area of warehouse space. If CalEEMod was revised to remove 8,127 square feet of warehouse space and replace it with the same amount of office space, the project’s total annual GHG emissions will be 2,420 MT CO2e, 10 MT more than what was originally modelled in the EIR. This is conservative as the heavy truck trip volumes were not reduced to reflect the smaller warehouse square footage. The GHG emissions would remain less than 25% of the annual threshold. The significance of the impact would not change from what was disclosed in the EIR. The appellant further states that the EIR is insufficient because the project was not compared to the performance-based standards within CARB’s scoping plan and the Southern California Association of Governments (SCAG) Regional Transportation Plan/Sustainable Communities Strategy. As stated in the Air Quality and Greenhouse Gas Technical Report, the City of Rancho Cucamonga does not have an adopted threshold of significance for GHG emissions. Thus, for CEQA purposes, the City has discretion to select an appropriate significance criterion, based on substantial evidence. The SCAQMD's adopted numerical threshold of 10,000 MTCO2e/year for industrial stationary source emissions is used as the significance criterion in the subject EIR and other warehouse projects approved by the City. The consistency analysis is commonly performed by evaluating project consistency with applicable goals, policies and/or action items in the statewide and regional planning documents. Staff has reviewed the appellant’s comments and the applicant’s responses and determined that the EIR as certified by the Planning Commission on February 9, 2022, adequately addresses all CEQA requirements. Staff recommends that the City Council deny the appeal, certify the EIR (SCH No. 2021060608), and uphold the Planning Commission decision to approve Design Review DRC2019-00766. FISCAL IMPACT: The applicant has submitted a Fiscal Impact Analysis prepared by Stanley R. Hoffman and Associates, dated April 5, 2021. The Fiscal Impact Analysis concluded that the City would receive an estimated one-time development impact fee revenue of $1,020,930. Additionally, the project would produce an annual recurring surplus to the General Fund in the amount of $3,492 and $5,224 to the Library Fund from property tax revenues COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: The development of the project achieves the City Council’s Core Value of “Intentionally embracing and anticipating the future,” and “continuous improvement.” In addition to providing the City with new industrial warehouse facilities which will attract quality tenants, the project also results in parkway improvements along Jersey Boulevard and Milliken Avenue, enhancing the visual character and streetscape of these throughfares. Page 185 Page 6 1 1 8 8 ATTACHMENTS: Attachment 1 – February 9, 2022 Planning Commission Staff Report with Exhibits Attachment 2 – Planning Commission Resolutions 22-01 and 22-02. Attachment 3 – Lozeau Drury, LLP Appeal Letter dated February 17, 2022 Attachment 4 – Biological Resource Responses dated March 7, 2022 Attachment 5 – Air Quality Responses dated March 8, 2022 Attachment 6 – City Council Resolution 2022-035 (Design Review) Attachment 7 – City Council Resolution 2022-036 (EIR) Page 186 DATE: February 9, 2022 TO: Chairman and Members of the Planning Commission FROM: Matthew R. Burris, AICP, LEED AP, Deputy City Manager/Interim Planning Director INITIATED BY:Vincent Acuna, Associate Planner SUBJECT:LOCATED AT 11298 JERSEY BLVD NORTHWEST CORNER OF JERSEY BOULEVARD AND MILLIKEN AVENUE – 11298 JERSEY BLVD, LLC - A request to construct a 159,580 square-foot industrial/warehouse building on a vacant 7.39-acre parcel within the Industrial Employment (IE) District, APN: 0229- 111-60. Staff has prepared an Environmental Impact Report of environmental impacts for consideration. (Design Review DRC2019-00766). RECOMMENDATION: Staff recommends the Planning Commission take the following action: • Certify the attached Environmental Impact Report of environmental impacts and adopt the project’s Mitigation Monitoring and Reporting Program; and • Approve Design Review DRC2019-00766 through the adoption of the attached Resolution of Approval with Conditions. EXECUTIVE SUMMARY: A request to construct a 159,580 square-foot industrial/warehouse building on a vacant 7.39-acre site. BACKGROUND: The project site is a vacant parcel with an area of 7.39 acres (Exhibit A). The rectangular project site has dimensions of about 750 feet east to west and about 450 feet north to south. The street frontage of the site along Jersey Boulevard and Milliken Avenue is about 680 feet and 450 feet respectively. The site is generally level with a gradient from north to south. The elevation of the site is about 1,140 feet and 1,130 feet at the north and south property lines respectively, which results in a change in elevation of about 10 feet. There are no trees on the site and vegetation/ground cover is very limited. 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 Industrial Employment (IE) District North Industrial/Warehouse Buildings Neo Industrial Neo Industrial (NI) District South Fire Station and Training Center Industrial Employment Industrial Employment (IE) District East Industrial/Warehouse Building Industrial Employment Industrial Employment (IE) District West Industrial/Warehouse Building Industrial Employment Industrial Employment (IE) District Page 7Page187 Page 2 of 6 1 1 0 4 PROJECT ANALYSIS: A. General: The applicant proposes to construct an industrial/warehouse building totaling 159,580 square feet, divided into four separate units. (Exhibit B). Units range in size from 38,490 to 42,368 square feet, with each unit featuring an office and restroom area of roughly 2,000 square feet. All office/restroom areas are located toward the front of the building either along Jersey Boulevard or Milliken Avenue. No specific use has been proposed for any of the units at this time, although it is anticipated that the building will primarily house small warehouse/storage/distribution businesses. The dock loading/storage area will be located on the north side (rear) of the building away from public view. The rear loading/unloading area will be secured by a 6-foot-high wrought iron fence along the interior north and east property line. Retaining walls with a maximum height of 4 feet and 6 inches are proposed on two areas along the site’s interior north property line to make up for the grade difference between the subject property and the existing lot to the north. The combined height of all iron fencing and retaining walls is 8 feet, meeting the 8-foot maximum wall height for industrial areas. On July 16, 2021, the City Council adopted Ordinance 982 which established new development standards for industrial projects throughout the City in response to a high demand in industrial development. This project is exempt from Ordinance 982 as the project was deemed complete on January 4, 2021, prior to Ordinance 982 becoming effective on August 20, 2021. The proposed project meets all applicable development standards according to the development code prior to the adoption of Ordinance 982 for the Industrial Employment (IE) District (formerly Minimum Impact/Heavy Industrial), as shown in the table below. The project also complies with the landscaping requirements as prescribed in the Development Code. The distribution of landscaping will be generally along the street frontages, in the parking lot, and along the south and west sides of the project site. Development Standard Required Proposed Complies? Building Height Max 70' *45’YES  Floor Area Ratio 0.4 to 0.6 0.5 YES  Front Setback - Major Arterial (Milliken Avenue)Min. 45’63’YES  Front Setback – Collector (Jersey Boulevard)Min. 25’85’YES  Rear Setback 0’121’YES  Landscape Percentage Min. 10%10.81%YES  Landscape – Number of Trees Min. 31 111 YES  *Max 70 feet as long as building is set back 1 foot from front setback for every 1-foot building height exceeds 35 feet. B. Architecture: The proposed building will be of concrete tilt-up construction painted with a palette of two colors. The building will have form-lined concrete panels at various locations (Exhibit C). As the uses expected within the building are to be logistics oriented, there is limited articulation of the wall planes in order to maximize the efficiency of the interior space. However, this limited articulation does not result in an overwhelming building mass, as vertical columns of sandblasted concrete break up the building façade. Additionally, a generous application of glass panels along the building’s east and south elevations facing public streets resemble the appearance of an office building (Exhibit D). Four standing seam canopies are featured above the four suite entrances along the building’s south elevation, further increasing architectural interest. Page 8Page188 Page 3 of 6 1 1 0 4 C. Parking and Circulation: There are three proposed points of vehicular access located along the south (Jersey Boulevard) and northeast (Milliken Avenue) portions of the project site. Two driveways leading directly to the rear loading dock will be secured by sliding wrought iron gates. To maintain adequate ingress and egress for emergency vehicles for the public safety facility immediately south of the site, the project is conditioned to only allow right in, right out truck traffic from the westernmost driveway along Jersey Boulevard. Per Table 17.64.050-1 of the Development Code, the parking requirement is based on the proposed mix of office and warehouse floor areas in the building. The project is required to provide 91 vehicle parking spaces based on the proposed 151,453 square feet of warehouse and 8,127 square feet of office area as shown in the following table: Type of Use Floor Area (Square Feet) Parking Ratio Number of Spaces Required Proposed Building (overall)159,580 Office 8,127 1/250 33 Warehouse 151,453 varies1 58 Total Required/Total Provided:91/912 1 - For warehouse uses, the parking calculations are 1 space per 1,000 square feet for the first 20,000 square feet; 1 space per 2,000 square feet for the second 20,000 square feet; and 1 space per 4,000 square feet for additional floor area in excess of the first 40,000 square feet. 2 - The trailer parking requirement is calculated separately from the standard parking requirement and is based on a ratio of one stall per dock door. 12 trailer parking spaces are required, and 12 are provided. D. Rail Spur: An existing north-south rail spur is located along the west property line of the project site. Per Section 17.36.040.D.7 of the Development Code, the project is required to account for potential rail service. The project proponent is not required to construct rail-related improvements on the property. However, the project is required to demonstrate how the site could have a functional/practical rail service in the event that any future owner/tenant decides that rail service is required/desired. The applicant has prepared an Alternate Site Plan (Exhibit E) that shows a proposed rail spur aligned along the west of the site and adjacent to the west side of the building, with the rail spur entering the property at the northwest corner of the site. In the event that rail service is established, a drive aisle running north to south of the project site will need to be modified for one-way traffic. No reduction in the number of parking stalls will occur. Access by passenger vehicles, trucks, and emergency vehicles would continue to comply with the applicable requirements described in the Development Code and Building/Fire Code. The architecture and floor area of the building would not be affected by the addition of the rail spur. E. Design Review Committee: The project was reviewed by the Design Review Committee (Oaxaca, Williams, and Smith) on February 2, 2021. No major or secondary issues were discussed, as reflected in the Design Review Committee Comments (Exhibit F). The Committee recommended approval of the project as proposed to the Planning Commission. F. Public Art: This project is required to provide public art as outlined in Chapter 17.124 of the Development Code. Based on the industrial square footage of the project, the total art value required per Section 17.124.020.C. is $159,580. A condition has been included pursuant to the Development Code that requires the public art requirement to be met prior to occupancy. CEQA DETERMINATION: Pursuant to the California Environmental Act (CEQA), an Environmental Impact Report (EIR) (SCH No. Page 9Page189 Page 4 of 6 1 1 0 4 2021060608), has been prepared for this project. Under CEQA, the purpose of an EIR is to inform the public about any significant impacts to the physical environment resulting from a project, identify ways to avoid or lessen the impacts, identify alternatives, and promote public participation. The contents of the EIR become a planning tool for the Planning Commission and City Council to use in determining the appropriate and best land use for the project site. The intent of this EIR is to address and evaluate potentially significant impacts of the proposed project and identify feasible mitigation measures and alternatives that may be adopted to reduce or eliminate these impacts. A summary of all of the project-related impacts and the recommended mitigation measures is provided in the Final EIR. The following summarizes key points in the environmental review process: Notice of Preparation and Public Scoping Meeting: The Notice of Preparation (NOP) serves as public notification that an EIR is being prepared and requests comment and input from responsible agencies and other interested parties regarding environmental issues to be addressed in the document. In addition to the NOP, CEQA recommends conducting a scoping meeting for the purpose of identifying the range of potential significant impacts that should be analyzed within the scope of the Draft EIR. The public scoping meeting is to receive public testimony on those issues that the public would like to have addressed in the EIR as it relates to the project and environment. Accordingly, a notice advertising both the NOP and Public Scoping Meeting was prepared for the project and circulated on June 28, 2021, to the State Clearinghouse (SCH No. 2021060608), public agencies, Native American tribes, those interested parties who had previously requested notification and all property owners within 660 feet of the subject site. The notice advertising the NOP and the public scoping meeting was also published in the Inland Valley Daily Bulletin on June 25, 2021 and made publicly available on the City’s website. The Public Scoping Meeting was held virtually over Zoom on July 13, 2021. A representative from the Southwest Carpenter’s Union was in attendance and discussed the importance of hiring a local workforce for the construction of the project. The public comment period to respond to the NOP closed on August 3, 2021 and a comment letter was received from the Native American Heritage Commission. Written responses to all significant environmental issues raised were prepared and made available in the Draft Environmental Impact Report (DEIR). AB 52 Compliance: Notification in accordance with AB 52 was sent on January 11, 2021 to tribal communities from a list of six tribes that have requested notification by the city. In response, the San Manuel Band of Mission Indians (SMBMI) responded with comments though they did not request consultation. Rather the SMBMI provided language which they requested be made a part of the project mitigations. Accordingly, language from SMBMI has been incorporated into the Mitigation Monitoring and Reporting Program (MMRP). One other tribe, the Gabrieleno Band of Mission Indians – Kizh Nation, also responded to the City’s notification and requested for consultation. However, no response from the tribe was received after multiple attempts to set up a consultation. Therefore, mitigation measures previously approved by the Gabrieleno Band of Mission Indians – Kizh Nation were incorporated into the MMRP. Draft EIR Preparation and Circulation: Following the NOP and Public Scoping Meeting, a DEIR was prepared and was distributed to Responsible and Trustee agencies, and individuals who requested to review the DEIR. The DEIR was distributed for a 45-day public review period on November 12, 2021 with the comment period concluding on December 27, 2021. A Notice of Availability including electronic links to the DEIR and all technical appendices was posted at the County, published in the Inland Valley Daily Bulletin, mailed to all property owners within 660 feet, interested parties requesting such notification and posted on the city’s website on November 9, 2021. Further, and also on November 9, 2021, the DEIR and all technical appendices were provided to the Office of Planning and Research via the online “CEQAnet” portal for distribution to Responsible and Trustee agencies and hard copies of the DEIR and all technical appendices were provided for public review at the following locations: Page 10Page190 Page 5 of 6 1 1 0 4 Archibald Library – 7368 Archibald Avenue, Rancho Cucamonga, CA 91730; Paul A Biane Library – 12505 Cultural Center Drive, Rancho Cucamonga, CA 91739; Planning Department Public Counter at City Hall – 10500 Civic Center Drive, Rancho Cucamonga, CA 91730. Comments were received from the Cucamonga Valley Water District (CVWD) and Lozeau Drury, LLP. The CVWD letter received on November 30, 2021, requested that the DEIR reference CVWD’s 2020 Urban Management Plan (UWMP) instead of the 2015 UWMP, provided notification that the applicant may be responsible for relocating a sewer main adjacent to the subject site, and contained a reminder to coordinate with the CVWD’s engineering department to determine pipeline capacity. The Final Environmental Impact Report (FEIR) made all pertinent corrections with regards to the UWMP, clarified that the presence of the main sewer line adjacent to the property has already been addressed in the DEIR, and noted that coordination with CVWD’s Engineering Department is already required per the City’s Standard Conditions of Approval. The letter received from Lozeau Drury, LLP received on November 19, 2021, stated that the DEIR fails as an informational document and fails to impose feasible mitigation measures to reduce the project’s impacts. The letter failed to provide any substantial evidence to explain or support this comment. Given the lack of substantial evidence supporting their claim, no additional analysis, modification, mitigation or recirculation of the Draft EIR is required. Technical appendices and supporting documentation can be referenced on the City‘s website under the tab ”CEQA Documents Available for Review“ under the Current Projects & Planning Initiatives which can be accessed here: https://www.cityofrc.us/community-development/planning. Mitigation Monitoring Reporting Program (MMRP): In compliance with CEQA, a monitoring program has been prepared. The MMRP is a reporting program that identifies each adopted mitigation measure or project design feature that reduces the significance level of a particular impact. The MMRP indicates responsibility and timing milestones for each mitigation measure. Findings of Fact in Support of Determinations Related to Significant Environmental Impacts: The EIR concludes that upon implementation of the project and all recommended mitigation measures, impacts associated with the project would remain less than significant. No significant and unavoidable impact was identified; thus, it is determined that no Statement of Overriding Consideration is required to be adopted. CORRESPONDENCE: This item was advertised as a public hearing with a regular legal advertisement in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660-foot radius of the project site. To date, no written correspondence, phone calls, or in person inquiries have been received regarding the project notifications. FISCAL IMPACT: The applicant has submitted a Fiscal Impact Analysis prepared by Stanley R. Hoffman and Associates, dated April 5, 2021. The Fiscal Impact Analysis concluded that the City would receive an estimated one-time development impact fee revenue of $1,020,930. Additionally, the project would produce an annual recurring surplus to the General Fund in the amount of $3,492 and $5,224 to the Library Fund from property tax revenues. Page 11Page191 Page 6 of 6 1 1 0 4 COUNCIL GOAL(S) ADDRESSED: The development of the project achieves the City Council’s Core Value of “Intentionally embracing and anticipating the future,” and “continuous improvement.” In addition to providing the City with new industrial warehouse facilities which will attract quality tenants, the project also results in parkway improvements along Jersey Boulevard and Milliken Avenue, enhancing the visual character and streetscape of these throughfares. EXHIBITS: Exhibit A - Aerial Exhibit B - Site Plan Exhibit C - Elevations Exhibit D - Renderings Exhibit E - Alternate Site Plan for Rail Service Exhibit F - Design Review Committee Comments (February 2, 2021) and Action Agenda Exhibit G - Environmental Impact Report Exhibit H - Mitigation Monitoring Program Exhibit I - Draft Resolution 22-001 of Adoption for Environmental Impact Report and Mitigation Monitoring and Reporting Program Exhibit J - Draft Resolution 22-002 of Approval for Design Review DRC2019-00766 Exhibit K - Statement of Agreement DRC2019-00766 Exhibit L - Conditions of Approval DRC2019-00766 Page 12Page192 PROJECT SITE N Exhibit A Page 13Page193 JERSEY BLVD.MILLIKEN A V E .333325243313142626231422OFFICEOFFICELOADINGDOCKLOADINGDOCKLOADINGDOCKLOADINGDOCK111619191955271429a202020331717181810101010101229b3131303244151521211119286OFFICEOFFICEOFFICEUNIT "101"UNIT "102"UNIT "104"UNIT "103"ELEC RMOFFICE3353535SITE PLAN KEYED NOTES : 1234567891012131415161718192021222311242526272829303132333435332828883434262773211111136363636363737383838383838373730III. CODE DATA:IV. SITE :I. OWNER / DEVELOPER :V. BUILDINGS AREA :VI. PARKING :PROJECT SUMMARYA-1 NORTHSITE PLANII. PROJECT ADDRESS :SHEET INDEXA-1 SITE PLAN AND PROJECT INFORMATIONA-2 FLOOR PLANA-3ROOF PLANBUILDING ELEVATIONSL-1 PRELIMINARY LANDSCAPE PLANL-2 PRELIMINARY LANDSCAPE NOTES AND CALC1 OF 4 PRELIMINARY GRADING PLAN2 OF 4 PRELIMINARY GRADING PLAN1 OF 1 SITE UTILIZATION MAP2 OF 2 WQMP SITE PLANNOTE:SITE PLANA-1.B ALTERNATE SITE PLAN AND PROJECT INFORMATION1 OF 1 CUT & FILL EXHIBIT1 OF 2 WQMP SITE PLANA-43 OF 4 ALTERNATE PRELIMINARY GRADING PLAN4 OF 4 ALTERNATE PRELIMINARY GRADING PLANA-1.1 FIRE ACCESS PLANA-1.2 FENCE SITE PLANA-1.3 PHOTOMETRIC SITE PLANExhibit B&nbsp;&nbsp;Page 14&nbsp;&nbsp;Page 194 Exhibit C&nbsp;&nbsp;Page 15&nbsp;&nbsp;Page 195 Exhibit D&nbsp;&nbsp;Page 16&nbsp;&nbsp;Page 196 JERSEY BLVD.MILLIKEN A V E .UNIT "101"UNIT "102"UNIT "104"UNIT "103"333325243313142626231422OFFICEOFFICEDOCK16191919552142820202033171718181010101010123224415151521211115OFFICEOFFICEOFFICEUNIT "101"UNIT "102"UNIT "104"UNIT "103"ELEC RMOFFICE6734343435282813LOADINGDOCKLOADINGDOCKLOADINGDOCKLOADINGDOCK113131303334111111363636362688SITE PLAN KEYED NOTES : 1234567891012131415161718192021222311242526272830313233343536737383838373729a29b293738III. CODE DATA:IV. SITE :I. OWNER / DEVELOPER :V. BUILDINGS AREA :VI. PARKING :PROJECT SUMMARYA-1.B NORTHALTERNATE SITE PLANII. PROJECT ADDRESS :GATE ELEVATIONNOTE:Exhibit E&nbsp;&nbsp;Page 17&nbsp;&nbsp;Page 197 DESIGN REVIEW COMMENTS February 2, 2021 7:00 p.m. Vincent Acuna, Associate Planner DESIGN REVIEW DRC2019-00766 – 11298 JERSEY BLVD, LLC - A request to construct a 159,580 square-foot industrial/warehouse building on a vacant 7.39-acre parcel within the Minimum Impact/Heavy Industrial (MI/HI) District, located at the northwest corner of Jersey Boulevard and Milliken Avenue – APN: 0229-111-60. Staff is preparing an Initial Study/Mitigated Negative Declaration of environmental impacts for consideration. Site Characteristics and Background: The project site is a vacant parcel with an area of 321,988 square feet (7.39 acres). The rectangular project site has dimensions of about 750 feet east to west and about 450 feet north to south. The street frontage of the site along Jersey Boulevard and Milliken Avenue is about 680 feet and 450 feet, respectively. The site is generally level with a gradient from north to south. The elevation of the site is about 1,140 feet and 1,130 feet at the north and south property lines respectively, which results in a change in elevation of about 10 feet. There are no trees on the site and vegetation/ground cover is very limited. 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 Heavy Industrial Minimum Impact/Heavy Industrial (MI/HI) District North Industrial/Warehouse Buildings General Industrial General Industrial (GI) District South Fire Station Civic/Regional Minimum Impact/Heavy Industrial (MI/HI) District East Industrial/Warehouse Building Heavy Industrial Minimum Impact/Heavy Industrial (MI/HI) District West Industrial/Warehouse Building Heavy Industrial Minimum Impact/Heavy Industrial (MI/HI) District Project Overview: The applicant proposes to construct an industrial/warehouse building totaling 159,580 square feet, divided into four separate units. Units range in size from 38,490 to 42,368 square feet, with each unit featuring an office and restroom area of roughly 2,000 square feet. All office/restroom areas will be located toward the front of the building either along Jersey Boulevard or Milliken Avenue. No specific use has been proposed for any of the units at this time, although it is anticipated that the building will primarily house small warehouse/storage/distribution businesses. The dock loading/storage area will be located on the north side of the building away from public view. There will be two points of vehicular access via two driveways at the southwest and northeast corners of the project site. The building, based on the anticipated warehousing/distribution use, is required to have 91 passenger vehicle parking stalls. The project provides 91 stalls, meeting the parking requirement. As there are nine dock doors, a matching number of trailer parking stalls are provided as required by the Development Code. The distribution of landscaping is generally along the street frontages towards the east and south of Exhibit F Page 18Page198 DRC COMMENTS DESIGN REVIEW DRC2019-00766 – 11298 JERSEY BLVD, LLC February 2, 2021 Page 2OMMENTS the project site, and within the building’s parking area. Landscape coverage is 10.81%, slightly exceeding the landscape coverage of 10% required by the Development Code. An existing north-south rail spur is located along the west property line of the project site. Per Section 17.36.040.D.6 of the Development Code, the project is required to account for potential rail service. The project proponent is not required to construct rail-related improvements on the property, however, the project is required to demonstrate how the site could have a functional/practical rail service in the event that any future owner/tenant decides that rail service is required/desired. The applicant has prepared an Alternate Site Plan (Sheet A1.B) and a Grading Plan (Grading Sheet 3 of 4) that show a proposed rail spur aligned along the west of the site and adjacent to the west side of the building, with the rail spur entering the property at the northwest corner of the site. In the event that rail service is established, a drive aisle running north to south of the project site will need to be removed. However, no reduction in the number of parking stalls will occur. Access by passenger vehicles, trucks, and emergency vehicles would continue to comply with the applicable requirements described in the Development Code and Building/Fire Code. The architecture and floor area of the building would not be affected by the addition of the rail spur. The proposed building will be of concrete tilt-up construction painted with a palette of two colors. The building will have form-lined concrete panels at various locations. As the uses expected within the building are to be logistics oriented, there is limited articulation of the wall planes in order to maximize the efficiency of the interior space. However, this limited articulation does not result in an overwhelming building mass, as vertical columns of sandblasted concrete break up the building façade. Additionally, a generous application of glass panels along the building’s east and south elevations facing public streets give the building appearance of an office building. Four standing seam canopies are featured above the four suite entrances along the building’s south elevation, further increasing architectural interest. The rear loading/unloading area is secured by a 6-foot high wrought iron fence along the interior north and east property lines of the site and sliding wrought iron gates are being installed at the two driveway entrances. Retaining walls with a maximum height of 4 feet and 6 inches are proposed on two areas along the site’s interior north property line to make up for grade difference. The combined height of all iron fencing and retaining walls meet the 8-foot maximum wall height for industrial areas. Staff Comments: The following comments are intended to provide an outline for Committee discussion. Major Issues: The following broad design issues will be the focus of Committee discussion regarding the project: None Secondary Issues: Once all of the major issues have been addressed, and time permitting, the Committee will discuss the following secondary design issues: None Page 19Page199 DRC COMMENTS DESIGN REVIEW DRC2019-00766 – 11298 JERSEY BLVD, LLC February 2, 2021 Page 3OMMENTS Policy Issues: The following items are a matter of Planning Commission policy and should be incorporated into the project design without discussion: 1. All Double Detector Checks (DDC) and Fire Department Connections (FDC) required and/or proposed shall be installed at locations that are not within direct view or line-of-sight of the office corner of the building. The specific locations of each DDC and FDC shall require the review and approval of the Planning Department and Fire Construction Services/Fire Department. All Double Detector Checks (DDC) and Fire Department Connections (FDC) screened behind a 4-foot high block wall. These walls shall be constructed of decorative masonry block such as slumpstone or stackstone or poured in-place concrete with design elements incorporated to match the building. 2. All ground-mounted equipment, including utility boxes, transformers, and back-flow devices, shall be surrounded by a minimum of two rows of shrubs spaced a minimum of 18 inches on center. All ground-mounted equipment shall be painted dark green except as directed otherwise by the Fire Department. 3. Downspouts shall not be visible from the exterior on any elevations of the building. All downspouts shall be routed through the interior of the building walls. 4. All wrought iron fences and sliding gates shall be painted black or similarly dark color. 5. Decorative paving shall be provided at each vehicle entrance to the site, behind the public right-of-way. These decoratively paved areas shall extend from the front property line to the building setback line and have a width equal to that of the driveway. Staff Recommendation: Staff recommends that the Committee recommend approval of the proposed project as submitted to the Planning Commission. Design Review Committee Action: Staff Planner: Vincent Acuna, Associate Planner Members Present: Staff Coordinator: Mike Smith, Principal Planner Page 20Page200 lqw- Design Review Committee Meeting AGENDA February 2, 2021 MINUTES Rancho Cucamonga, CA 91730 7:00 p.m. A. Call to Order The meeting of the Design Review Committee was held on February 2, 2021. The meeting was called to order by Mike Smith, Staff Coordinator, at 7:00pm. Design Review Committee members present: Francisco Oaxaca, Diane Williams, Mike Smith. Staff Present: Sean McPherson, Senior Planner; and Vincent Acuna, Associate Planner. B. Public Communications Mike Smith opened the public communication and, after noting there were no public comments, closed public communications. C. Consent Calendar C1. Consideration to adopt Regular Meeting Minutes of January 19, 2021. Motion by Oaxaca, second by Williams. Motion carried 3-0 to adopt the minutes as presented. D. Project Review Items D1. DESIGN REVIEW DRC2019-00766 - 11298 JERSEY BLVD, LLC - A request to construct a 159,580 square -foot industrial/warehouse building on a vacant 7.39-acre parcel within the Minimum Impact/Heavy Industrial (MI/HI) District, located at the northwest corner of Jersey Boulevard and Milliken Avenue - APN: 0229-111-60. Staff is preparing an Initial Study/Mitigated Negative Declaration of environmental impacts for consideration. Staff presented the project to the Design Review Committee. Commissioners Williams and Oaxaca liked that the building looks like an office building and expressed support for the design. The Committee voted to advance the project to the full Planning Commission. The Committee took the following action: is Recommend approval to PC/PD. D2. DESIGN REVIEW DRC2020-00177 - KIMLEY-HORN FOR HILLWOOD DEVELOPMENT CO. - A request for site plan and architectural design for the development of two industrial warehouse buildings, parking, and landscape improvements on vacant parcels located east of Etiwanda Avenue on the north of Napa Street; APN: 0229-291-54 and -46. An Environmental Impact Report is being prepared for this project. Page 21Page201 Staff provided a powerpoint presentation providing the facts of the project relative to the Design Review Committee's review. At the end of the presentation, staff noted that there were two items for which staff sought the DRCs input (employee break area in front setback, and chain - link fence along existing rail spur). In addition, the project applicant also expressed concerns regarding the relocation of an existing Southern California Edison (SCE) easement and related infrastructure, First, the project plans illustrated an employee break area shelter structure within the front setback. Staff noted that structures are not permitted within the 25-foot front yard setback. Discussion ensued on this item, with input from the applicant and applicant's architect. Committee members Oaxaca and Williams both suggested that the applicant work with staff to relocate the structure outside of the front setback. The applicant and applicant's architect indicated that they would relocate the structure outside of the front setback. Second, staff solicited the opinion of DRC members related to the proposed construction of a chain -link fence along the existing rail spur, behind the front setback, and not visible from the public right-of-way. Both Committee members Oaxaca and Williams indicated that a chain -link fence in this location did not present a concern, provided that the fencing include slats for screening as required by the Development Code. Commissioner Oaxaca asked about the applicant's concerns related to the relocation of the SCE easement and related infrastructure. Staff members Smith and McPherson both respond stating that this was not a topic related to the Design Review Committee's purview, adding that this will be discussed with the full Planning Commission. No, other discussion was held on this item. Lastly, Commissioner Oaxaca asked staff to explain the annexation process relative to this project. Staff member Smith briefly highlighted the annexation process in general terms and concluded remarks by stating that this topic too would be discussed in detail with the full Planning Commission. The Committee took the following action: AN Recommend approval to PC/PD. E. Adjournment Meeting was adjourned at 8:05pm. Respectfully submitted, 0 1 abeth Thornhill Executive Assistant, Planning Department Approved: DRC meeting February 16, 2021 Design Review Committee Regular Meeting Minutes — February 2, 2021 Page 2 of 2 FINAL Page 22Page202 Exhibit G – Environmental Impact Report Due to file size, this attachment can be accessed through the following link: https://www.dropbox.com/home/CEQA%20Documents%20Available%20for%20Review/Jersey%20an d%20Milliken%20Warehouse?preview=Appendix+G+-+Phase+II+Investigation+(1).pdf Exhibit G Page 23Page203 FINAL Jersey Industrial Complex Project Environmental Impact Report Mitigation Monitoring and Reporting Program SCH No. 2021060608 Prepared for: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, California 91730 Contact: Vincent Acuna Prepared by: Birdseye Planning Group, LLC P.O.Box 1956, Vista, CA 92085 Contact: Ryan Birdseye January 2022 Exhibit H Page 24Page204 This page intentionally left blank. Page 25Page205 TABLE OF CONTENTS Jersey Industrial Complex Project Findings of Fact January 2022 i TABLE OF CONTENTS Section Page SECTION 1. Authority ................................................................................................................. 1 SECTION 2. Monitoring Schedule ............................................................................................. 1 SECTION 3. Support Documentation ........................................................................................ 2 SECTION 4. Format of Mitigation Monitoring Matrix ............................................................... 2 LIST OF TABLES Table 1-1 Mitigation Monitoring and Reporting Program ................................................. 3 Page 26Page206 TABLE OF CONTENTS Jersey Industrial Complex Project Findings of Fact January 2022 ii This page intentionally left blank. Page 27Page207 MMRP Jersey Industrial Complex Project Final EIR January 2022 1 MITIGATION MONITORING AND REPORTING PROGRAM SECTION 1. Authority This environmental Mitigation Monitoring and Reporting Program (Program) has been prepared pursuant to §21081.6 of the California Environmental Quality Act (CEQA) (Public Resources Code §21000 et seq.), and CEQA Guidelines (14 Cal. Code Regs. §15000 et seq.) §§15091(d) and 15097, to ensure implementation of and provide for the monitoring of mitigation measures required of the Jersey Industrial Complex Project (Project), as set forth in the Final Environmental Impact Report (FEIR) prepared for the Project. This report will be kept on file in the offices of the CEQA Lead Agency, the City of Rancho Cucamonga (City). The EIR addresses the potential environmental impacts of the Project, and, where appropriate, recommends mitigation measures to avoid or substantially lessen significant environmental impacts. The Program detailed in the matrix table below is designed to monitor and ensure implementation of all mitigation measures that are adopted for the Project. The City is the Lead Agency for the Project and assumes ultimate enforcement responsibilities for implementation of all mitigation measures listed in this Program. The City may assign responsibility for implementation or monitoring to appropriate designees such as a construction manager or third-party monitor. However, as the Lead Agency, the City remains responsible for ensuring that implementation of the mitigation measures occurs in accordance with this Program. In some cases, the City is required to secure permits or approvals from third-party agencies in order to implement a mitigation measure. In these cases, the City is responsible for verifying that such permits or approvals have been obtained in accordance with the conditions stipulated in the mitigation measure. The City’s existing planning, engineering, operations, and procurement review and inspection processes will be used as the basic foundation for the Program procedures and will also serve to provide the documentation for the reporting program. SECTION 2. Monitoring Schedule Prior to construction, while detailed design plans are being prepared by City staff or its agents, City staff will be responsible for ensuring compliance with mitigation monitoring applicable to the Project construction, development, and design phases. Once construction has begun and is underway, monitoring of the mitigation measures associated with construction will be included in the responsibilities of City staff, who shall prepare or cause to be prepared periodic monitoring reports, as appropriate. Regulatory agencies will have to harmonize CEQA mitigation with regulatory permit conditions and monitoring/reporting as part of the regulatory permitting process and will likely require submittal of formal monitoring reports. Once construction has been completed, the City will monitor the Project as specified in the mitigation measures. Page 28Page208 MMRP Jersey Industrial Complex Project Final EIR January 2022 2 SECTION 3. Support Documentation Findings and related documentation supporting the findings involving modifications to mitigation measures shall be maintained in the Project file with the Program and shall be made available to the public upon request. SECTION 4. Format of Mitigation Monitoring Matrix The mitigation monitoring matrix on the following pages identifies the environmental issue areas for which monitoring is required, the required mitigation measures, the time frame for monitoring, and the responsible implementing and monitoring agencies. Page 29Page209 MMRP Jersey Industrial Complex Project Final EIR January 2022 3 TABLE 1-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Responsible for Monitoring Timing of Verification Method of Verification Verified Date/initials AIR QUALITY AQ-1: Condition project to overlap architectural coating phase with the building phase by approximately 44 total workdays to avoid exceeding the daily ROG standard. Prior to issuance of a building permit, the Applicant shall submit a detailed construction schedule to the City of Rancho Cucamonga which demonstrates that the architectural coating phase will overlap with the building phase by a minimum of 44 days. City of Rancho Cucamonga Prior to issuance of building permits Plan check BIOLOGICAL RESOURCES BIO-1: Pursuant to the Migratory Bird Treaty Act (MBTA) and Fish and Game Code, removal of any trees, shrubs, or any other potential nesting habitat should be conducted outside the avian nesting season. The nesting season extends from February 1 through August 31 but can vary slightly from year to year based upon seasonal weather conditions. If ground disturbance and vegetation removal cannot occur outside of the nesting season, a pre-construction clearance survey for nesting birds, shall be conducted by a qualified biologist within three (3) days of the start of any ground disturbing activities to ensure that no nesting birds will be disturbed during construction. If an active avian nest is discovered during the pre-construction clearance survey, construction activities can commence thereafter provided activities are able to maintain a 300-foot buffer around the active nest. For raptors and special-status species, this buffer will be expanded to 500 feet. A biological monitor shall be present during construction activities within the buffer area. to delineate the boundaries of the buffers and to monitor the active nest to ensure that nesting behavior is not adversely affected by the construction activity. If the biologist determines that bird breeding activity is being disrupted, the Project Applicant shall stop work, notify the City and coordinate with the USFWS and CDFW to agree upon an avoidance/minimization approach. City of Rancho Cucamonga Prior to grading permit and/or construction permit issuance; during grading, excavation and construction activities, upon completion of monitoring activities, and prior to final engineering inspection. On-site inspection, separate submittal Page 30Page210 MMRP Jersey Industrial Complex Project Final EIR January 2022 4 TABLE 1-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Responsible for Monitoring Timing of Verification Method of Verification Verified Date/initials Upon agreement of the avoidance/ minimization approach, work may resume subject to the revisions and continued monitoring. If burrowing owls are detected on-site during the clearance survey, in conformance with the California Staff Report’s protocols, no ground- disturbing activities will be permitted within 656 feet of an occupied burrow during the breeding season (February 1 to August 31), unless otherwise authorized by CDFW. Once the qualified biologist has determined the young have fledged and left the nest of any birds within the buffer area(s), or the nest otherwise becomes inactive under natural conditions, normal construction activities can occur. Reporting. If no active nests are found during the pre-construction clearance survey, the Project Applicant shall submit to the City of Rancho Cucamonga a brief letter report prepared by the biologist that documents the negative survey results. The letter report shall also indicate that no impacts to active avian nests will occur. If active nests were found, the Project Applicant shall submit a final bird survey monitoring report prepared by the project biologist to the City, the USFWS and CDFW. The report shall include documentation of all bird surveys, monitoring activities, coordination efforts with the wildlife agencies, as-built construction drawings with an overlay of any active nests in the survey areas, photographs of habitat areas during pre-construction and post-construction conditions, and other relevant summary information documenting that authorized impacts were not exceeded and that general compliance was achieved for the avoidance/minimization provisions and the biological monitoring program required by the wildlife agencies. Page 31Page211 MMRP Jersey Industrial Complex Project Final EIR January 2022 5 TABLE 1-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Responsible for Monitoring Timing of Verification Method of Verification Verified Date/initials CULTURAL RESOURCES CUL-1: In the event that cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60-foot buffer) shall cease and a qualified archaeologist meeting Secretary of Interior standards shall be hired to assess the find. Work on the other portions of the Project outside of the buffered area may continue during this assessment period. Additionally, the SMBMI Cultural Resources Department shall be contacted, as detailed within TCR-1, regarding any pre-contact and/or historic-era finds and be provided information after the archaeologist makes his/her initial assessment of the nature of the find, so as to provide Tribal input with regards to significance and treatment. City of Rancho Cucamonga Prior to issuance of grading permit/during grading and construction Plan check, separate submittal CUL-2: If significant pre-contact and/or historic-era cultural resources, as defined by CEQA (as amended, 2015), are discovered and avoidance cannot be ensured, the archaeologist shall develop a Monitoring and Treatment Plan, the drafts of which shall be provided to SMBMI for review and comment, as detailed within TCR-1. The archaeologist shall monitor the remainder of the Project and implement the Plan accordingly. City of Rancho Cucamonga During grading and construction On-site inspection, separate submittal CUL-3: If human remains or funerary objects are encountered during any activities associated with the Project, work in the immediate vicinity (within a 100-foot buffer of the find) shall cease and the County Coroner shall be contacted pursuant to State Health and Safety Code §7050.5 and that code enforced for the duration of the Project. If the human remains are determined to be prehistoric, the coroner will notify the Native American Heritage Commission, which will determine and notify a Most Likely Descendant. The Most Likely Descendant shall complete the inspection of the site within 48 hours of notification and may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. City of Rancho Cucamonga Prior to issuance of grading permit/during grading and construction Plan check, separate submittal Page 32Page212 MMRP Jersey Industrial Complex Project Final EIR January 2022 6 TABLE 1-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Responsible for Monitoring Timing of Verification Method of Verification Verified Date/initials TRIBAL CULTURAL RESOURCES TCR-1: The SMBMI Cultural Resources Department shall be contacted, as detailed in Mitigation Measure CUL-1, of any pre-contact and/or historic-era cultural resources discovered during project implementation and be provided information regarding the nature of the find, so as to provide Tribal input with regards to significance and treatment. Should the find be deemed significant, as defined by CEQA (as amended, 2015), a cultural resource Monitoring and Treatment Plan shall be created by the archaeologist, in coordination with SMBMI, and all subsequent finds shall be subject to this Plan. This Plan shall allow for a monitor to be present that represents SMBMI for the remainder of the Project, should SMBMI elect to place a monitor on-site. City of Rancho Cucamonga Prior to issuance of grading permit/during grading and construction Plan check, separate submittal TCR-2: Any and all archaeological/cultural documents created as a part of the Project (isolate records, site records, survey reports, testing reports, etc.) shall be supplied to the applicant and Lead Agency for dissemination to SMBMI. The Lead Agency and/or applicant shall, in good faith, consult with SMBMI throughout the life of the Project. City of Rancho Cucamonga During grading and construction Separate submittal TCR-3: The Project Applicant shall be required to retain and compensate for the services of a Tribal monitor/consultant who is both approved by the Gabrieleño Band of Mission Indians-Kizh Nation Tribal Government and is listed under the NAHC’s Tribal Contact list for the area of the Project location. This list is provided by the NAHC. The monitor/consultant will only be present on-site during the construction phases that involve ground disturbing activities. Ground disturbing activities are defined by the Gabrieleño Band of Mission Indians-Kizh Nation as activities that may include, but are not limited to, pavement removal, pot-holing or auguring, grubbing, tree removals, boring, grading, excavation, drilling, and trenching, within the Project area. The Tribal Monitor/consultant will complete daily monitoring logs that will provide descriptions of the day’s activities, including construction activities, locations, soil, and any cultural materials identified. The on-site monitoring shall end when the Project site grading and City of Rancho Cucamonga Prior to issuance of grading permit/during grading and construction On-site inspection, other agency permit/approval Page 33Page213 MMRP Jersey Industrial Complex Project Final EIR January 2022 7 TABLE 1-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Responsible for Monitoring Timing of Verification Method of Verification Verified Date/initials excavation activities are completed, or when the Tribal Representatives and monitor/consultant have indicated that the site has a low potential for impacting Tribal Cultural Resources. TCR-4: Upon discovery of any archaeological resources, cease construction activities in the immediate vicinity of the find until the find can be assessed. All archaeological resources unearthed by project construction activities shall be evaluated by the qualified archaeologist and tribal monitor/consultant approved by the Gabrieleño Band of Mission Indians-Kizh Nation. If the resources are Native American in origin, the Gabrieleño Band of Mission Indians-Kizh Nation shall coordinate with the landowner regarding treatment and curation of these resources. Typically, the Tribe will request reburial or preservation for educational purposes. Work may continue on other parts of the Project while evaluation and, if necessary, mitigation takes place (CEQA Guidelines Section15064.5 [f]). If a resource is determined by the qualified archaeologist to constitute a “historical resource” or “unique archaeological resource”, time allotment and funding sufficient to allow for implementation of avoidance measures, or appropriate mitigation, must be available. The treatment plan established for the resources shall be in accordance with CEQA Guidelines Section 15064.5(f) for historical resources. City of Rancho Cucamonga During grading and construction On-site inspection, other agency permit/approval TCR-5: Preservation in place (i.e., avoidance) is the preferred manner of treatment. If preservation in place is not feasible, treatment may include implementation of archaeological data recovery excavations to remove the resource along with subsequent laboratory processing and analysis. Any historic archaeological material that is not Native American in origin shall be curated at a public, non-profit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material, they shall be offered to a local school or historical society in the area for educational purposes. City of Rancho Cucamonga During grading and construction Onsite inspection, other agency permit/approval Page 34Page214 MMRP Jersey Industrial Complex Project Final EIR January 2022 8 TABLE 1-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Responsible for Monitoring Timing of Verification Method of Verification Verified Date/initials TCR-6: Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in PRC 5097.98, are also to be treated according to this statute. Health and Safety Code 7050.5 dictates that any discoveries of human skeletal material shall be immediately reported to the County Coroner and excavation halted until the coroner has determined the nature of the remains. If the coroner recognizes the human remains to be those of a Native American or has reason to believe that they are those of a Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission (NAHC) and PRC 5097.98 shall be followed. City of Rancho Cucamonga During grading and construction On-site inspection, other agency permit/approval Page 35Page215 RESOLUTION NO. 22-001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CERTIFYING THE ENVIRONMENTAL IMPACT REPORT (SCH No. 2021060608) PREPARED FOR THE 11298 JERSEY BLVD, LLC PROJECT WHICH PROPOSES TO CONSTRUCT A 159,580 SQUARE-FOOT INDUSTRIAL/WAREHOUSE BUILDING ON A VACANT 7.39-ACRE PARCEL WITHIN THE INDUSTRIAL EMPLOYMENT (IE) DISTRICT, LOCATED AT THE NORTHWEST CORNER OF JERSEY BOULEVARD AND MILLIKEN AVENUE - APN: 0229-111-60, MAKING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM A.Recitals. 1.11298 Jersey Blvd, LLC filed a development application for Design Review (DRC2019- 00766) for a development project as described in the title of this Resolution (the “Project”). 2.In accordance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, the City concluded that there was substantial evidence that the Project might have a significant environmental impact on several resources and determined that an EIR must be prepared for the Project in order to analyze the Project’s potential impacts on the environment. 3.Pursuant to CEQA Guidelines, Section 15082, on June 28, 2021, the City published a Notice of Preparation (NOP) of a Draft EIR for the Project, and circulated the NOP and initial study to the Office of Planning and Research, the County Clerk, responsible and trustee agencies, governmental agencies, organizations, and persons who may be interested in the application for a 30-day public review period. 4.The City received comments from the Native American Heritage Commission in response to the NOP. 5.After providing notice to the required tribes under AB 52, the City received comments from the San Manuel Band of Mission Indians and the Gabrieleno Band of Mission Indians - Kizh Nation in accordance with the City’s obligations under AB 52. 6.The City released the Draft EIR for a 45-day public review period beginning November 12, 2021 and ending on December 27, 2021. During the public review period the City received a total of 2 comment letters on the Draft EIR that required a response, and the City has prepared response to each comment. 7.The EIR concludes that with the inclusion of mitigation measures, the Project will not have a significant impact on any environmental resources. 8.The City prepared a Final EIR in accordance with CEQA, which contains the City’s responses to comments, a Mitigation Monitoring and Reporting Program (MMRP) for the Project, the Draft EIR as modified by the Final EIR, and all appendices. Exhibit I Page 36Page216 PLANNING COMMISSION RESOLUTION NO. 2022-001 11298 JERSEY BLVD, LLC FINAL EIR CERTIFICATION AND CEQA FINDINGS February 9, 2022 Page 2 9.On February 9, 2022, the Planning Commission conducted a duly noticed public hearing to consider the Project and concluded the hearing on that date. 10.All legal prerequisites prior to the adoption of this Resolution have occurred. B.Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. Recitals. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Findings. Based upon the information and evidence set forth in the Final EIR, together with its appendices, and all other available evidence presented to the Planning Commission during the above-referenced public hearing on February 9, 2022, including written and oral staff reports and public testimony, the Planning Commission hereby specifically finds as follows: a.Agencies and interested members of the public have been afforded due notice and an opportunity to comment on the EIR and the Project. b.Section 15091 of the State CEQA Guidelines requires that the City, before approving the Project, make one or more of the following written findings for each significant effect identified in the Final EIR accompanied by a brief explanation of the rationale for each finding: i.Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR; ii.Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency; or iii.Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. These required findings are set forth in the attached Exhibit A and incorporated herein by this reference. c.Environmental impacts identified in the Final EIR that are found to be less than significant and do not require mitigation are described in Section 4 of Exhibit A, attached hereto and incorporated herein by reference. d.Environmental impacts identified in the Final EIR as potentially significant, but that can be reduced to less than significant levels with mitigation, are described in Section 5 of Exhibit A attached hereto and incorporated herein by reference. Page 37Page217 PLANNING COMMISSION RESOLUTION NO. 2022-001 11298 JERSEY BLVD, LLC FINAL EIR CERTIFICATION AND CEQA FINDINGS February 9, 2022 Page 3 e. No environmental impacts were identified in the Final EIR as significant and unavoidable despite the imposition of all feasible mitigation measures, and a statement further confirming this conclusion is provided in Section 6 of Exhibit A, attached hereto and incorporated herein by reference. f. State CEQA Guidelines Section 15091 and Public Resources Code Section 21081.6 requires the City to prepare and adopt a mitigation monitoring and reporting program for any project for which mitigation measures have been imposed to assure compliance with the adopted mitigation measures. The Mitigation Monitoring and Reporting Program is attached hereto as Exhibit B and is hereby incorporated herein by reference. Further, the mitigation measures set forth therein are made applicable to the Project. g. Prior to taking action on the Final EIR and approving the Project, the Planning Commission specifically finds and certifies that: (1) the Final EIR was presented to the Planning Commission; (2) the Planning Commission reviewed and considered the Final EIR and all of the information and data in the administrative record, and all oral and written testimony presented to it during meetings and hearings; (3) the Final EIR is adequate and has been completed in full compliance with CEQA; and (4) the Final EIR reflects the Planning Commission’s independent judgment and analysis. h. No comments or any additional information submitted to the City have produced any substantial new information requiring additional recirculation or additional environmental review of the Project under CEQA. 3. Determination. On the basis of the foregoing and all of the evidence in the administrative record before it, the Planning Commission hereby certifies the Final EIR, adopts findings pursuant to the CEQA as set forth in Exhibit A attached hereto and incorporated herein by reference, and adopts the Mitigation Monitoring and Reporting Program (MMRP) attached hereto as Exhibit B and incorporated herein by reference. 4. Location of Record. The documents and other materials, including the staff reports, technical studies, appendices, plans, and specifications, that constitute the record on which this Resolution is based are located in the Planning Department and are in the custody of the Planning Director, 10500 Civic Center Drive, Rancho Cucamonga, CA 91730. All such documents are incorporated herein by reference. 5. Certification. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF FEBRUARY 2022. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Bryan Dopp, Chairman Page 38Page218 PLANNING COMMISSION RESOLUTION NO. 2022-001 11298 JERSEY BLVD, LLC FINAL EIR CERTIFICATION AND CEQA FINDINGS February 9, 2022 Page 4 ATTEST: Matthew R. Burris, AICP, LEED, AP, Secretary I, Matthew R. Burris, AICP, LEED, AP, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 9th day of February 2022, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Page 39Page219 CANDIDATE FINDINGS OF FACT for Jersey Industrial Complex Project SCH No. 2021060608 Prepared for: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, California 91730 Contact: Vincent Acuna Prepared by: Birdseye Planning Group, LLC P.O. Box 1956, Vista, CA 92085 Contact: Ryan Birdseye January 2022 Page 40Page220 This page intentionally left blank. Page 41Page221 TABLE OF CONTENTS TABLE OF CONTENTS Section Page Jersey Industrial Complex Project Findings of Fact January 2022 i SECTION 1. INTRODUCTION .........................................................................................................1 1.1. Purpose .................................................................................................................. 1 1.2. Records of Proceedings ......................................................................................... 3 1.3. Custodian and Location of Records ....................................................................... 4 1.4. CEQA Findings of Independent Judgment, Review and Analysis ........................... 4 SECTION 2. GENERAL CEQA FINDINGS ..........................................................................................4 SECTION 3. FINDINGS REGARDING ENVIRONMENTAL EFFECTS DETERMINED TO HAVE NO IMPACT5 3.1. Aesthetics ............................................................................................................... 6 3.2. Agriculture and Forestry Resources ....................................................................... 6 3.3. Biological Resources .............................................................................................. 7 3.4. Cultural Resources ................................................................................................. 9 3.5. Energy .................................................................................................................... 9 3.6. Geology and Soils ................................................................................................... 9 3.7. Hazards and Hazardous Materials ....................................................................... 10 3.8. Hydrology and Water Quality .............................................................................. 12 3.9. Land Use and Planning ......................................................................................... 12 3.10. Mineral Resources ............................................................................................... 13 3.11. Noise .................................................................................................................... 14 3.12. Population and Housing ....................................................................................... 14 3.13. Public Services ..................................................................................................... 14 3.14. Recreation ............................................................................................................ 15 3.15. Transportation/Traffic ......................................................................................... 15 3.16. Utilities and Service Systems ............................................................................... 16 3.17. Wildfire ................................................................................................................ 16 SECTION 4. FINDINGS REGARDING ENVIRONMENTAL IMPACTS FOUND TO BE LESS THAN SIGNIFICANT (NO MITIGATION REQUIRED) ............................................................... 17 4.1. Aesthetics ............................................................................................................. 17 4.2. Air Quality ............................................................................................................ 18 4.3. Energy .................................................................................................................. 19 Page 42Page222 TABLE OF CONTENTS Jersey Industrial Complex Project Findings of Fact January 2022 ii 4.4. Geology and Soils ................................................................................................. 19 4.5. Greenhouse Gas Emissions .................................................................................. 21 4.6. Hazards and Hazardous Materials ....................................................................... 21 4.7. Hydrology and Water Quality .............................................................................. 22 4.8. Noise .................................................................................................................... 23 4.9. Public Services ..................................................................................................... 24 4.10. Transportation/Traffic ......................................................................................... 24 4.11. Utilities and Service Systems ............................................................................... 25 4.12. Wildfire ................................................................................................................ 26 SECTION 5. FINDINGS REGARDING ENVIRONMENTAL IMPACTS FOUND TO BE LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED ..................................................... 27 5.1. Air Quality ............................................................................................................ 27 5.2. Biological Resources ............................................................................................ 29 5.3. Cultural Resources ............................................................................................... 31 5.4. Tribal Cultural Resources ..................................................................................... 33 SECTION 6. FINDINGS REGARDING ALTERNATIVES TO THE PROPOSED PROJECT .......................... 36 6.1. Alternatives Considered and Rejected ................................................................ 36 6.2. Alternative Sites ................................................................................................... 37 6.3. Alternatives Selected for Further Analysis .......................................................... 37 SECTION 7. GENERAL CEQA FINDINGS ........................................................................................ 42 SECTION 8. FINDINGS REGARDING CIRCULATION ........................................................................ 44 SECTION 9. LEGAL EFFECTS OF FINDINGS .................................................................................... 45 Page 43Page223 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 1 SECTION 1. INTRODUCTION This statement of Findings of Fact (Findings) addresses the environmental effects associated with the proposed Jersey Industrial Complex Project (Project), as described in the Final Environmental Impact Report (FEIR). These Findings are made pursuant to the California Environmental Quality Act (CEQA) (California Public Resources Code [PRC] § 21000 et seq.), specifically PRC §§ 21081, 21081.5, and 21081.6, and the CEQA Guidelines (14 California Code of Regulations [CCR] 15000 et seq.), specifically §§ 15091 and 15093. The Draft EIR (DEIR) examined the full range of potential effects of construction and operation of the Project and identified standard mitigation practices that could be employed to reduce, minimize, or avoid those potential effects. In accordance with, and in furtherance of the mandates contained in California Public Resources Code Section 21002 and related case law, the Project design reflects the identification and implementation of feasible mitigation measures to lessen identified environmental impacts, and the FEIR presented information on the environmental effects of the Project, including effects that are mitigated to below a level of significance. 1.1. Purpose PRC § 21081, and CEQA Guidelines § 15091 require that the lead agency, in this case the City of Rancho Cucamonga (City), prepare written findings for identified significant effects, accompanied by a brief explanation of the rationale for each finding. PRC § 21081(a) affirmatively requires a lead agency make one or more of three possible findings in reference to each significant impact. In addition, PRC § 21081(b) requires an additional finding for impacts that include specific economic, legal, social, technological, and other considerations wherein the lead agency affirms that the project benefits outweigh the environmental impacts. CEQA Guidelines § 15091 states, in part, that: a) No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. Page 44Page224 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 2 3. Specific economic, legal, social, technological, or other considerations, including the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. In accordance with PRC § 21081, and CEQA Guidelines § 15093 (Statement of Overriding Conditions [SOC]), whenever significant effects cannot be mitigated to below a level of significance, the decision‐making agency is required to balance, as applicable, the benefits of the project against its unavoidable environmental risks when determining whether to approve the project. If the benefits of a project outweigh the unavoidable adverse environmental effects, the adverse effects may be considered “acceptable.” In that case, the decision-making agency may prepare and adopt an SOC, pursuant to the CEQA Guidelines. Section 15093 of the CEQA Guidelines provides: a) CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." b) When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the FEIR and/or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record. c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091. The FEIR identified potentially significant effects that could result from the project. The City finds that the inclusion of feasible mitigation measures as part of the approval of the Project will reduce all of those effects to less-than‐significant levels. As required by CEQA, the City, in adopting these Findings, also adopts a Mitigation Monitoring and Reporting Program (MMRP) for the Project. The City finds that the MMRP, which is incorporated by reference and made a part of these Findings, meets the requirements of PRC § 21081.6, by providing for the implementation and monitoring of measures intended to mitigate potentially significant effects of the Project. In accordance with the CEQA Statutes and Guidelines, the City adopts these Findings for the Project. Pursuant to PRC § 21082.1(c)(3), the City also finds that these Findings reflect the City’s Page 45Page225 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 3 independent judgment as the lead agency for the Project (see Findings Section 1.4, CEQA Findings of Independent Judgment, Review and Analysis). 1.2. Records of Proceedings For the purposes of CEQA and these Findings, the record of proceedings for the Project includes all data and materials outlined in PRC § 21167.6(e), along with other Project-relevant information contained within the City’s files. Specifically, the record of proceedings for the City’s decision on the Project includes the following documents, all of which are incorporated by reference and are relied on in supporting these Findings: • The Notice of Preparation (NOP) and all other public notices issued by the City in conjunction with the Project. • All written comments submitted by agencies, organizations, or members of the public during the public review comment period on the NOP. • The DEIR for the Project and all technical appendices, technical memoranda and documents relied upon or incorporated by reference. • All written comments submitted by agencies, organizations, or members of the public during the public review comment period on the DEIR and the City’s responses to those comments, including related referenced technical materials and DEIR errata. • The FEIR for the Project. • The MMRP for the Project. • All reports, studies, memoranda, maps, staff reports, or other planning documents relating to the Project prepared by the City or consultants to the City with respect to the City’s compliance with the requirements of CEQA and with respect to the City’s action on the Project. • All documents submitted to the City by other public agencies or members of the public in connection with the DEIR. • Any minutes and/or verbatim transcripts of all information sessions, public meetings, and public hearings held by the City in connection with the Project. • Any documentary or other evidence submitted to the City at such information sessions, public meetings, and public hearings. • All resolutions adopted by the City regarding the Project, and all staff reports, analyses, and summaries related to the adoption of those resolutions. • Matters of common knowledge to the City, including, but not limited to federal, state, and local laws and regulations. • Any documents expressly cited in these Findings, in addition to those cited above, and any other materials required for the record of proceedings by PRC § 21167.6(e). Page 46Page226 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 4 1.3. Custodian and Location of Records The documents and other materials that, as a whole, make up the Record of Proceedings for the City’s actions related to the Project are located at the City of Rancho Cucamonga, Planning Department, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. The City, as the lead agency for the Project, is the custodian of the Record of Proceedings for the Project. 1.4. CEQA Findings of Independent Judgment, Review and Analysis Under CEQA, the lead agency must (1) independently review and analyze the EIR; (2) circulate draft documents that reflect its independent judgment; (3) as part of the certification of an EIR, find that the report or declaration reflects the independent judgment of the lead agency; and (4) submit copies of the documents to the State Clearinghouse if there is state agency involvement or if the project is of statewide, regional, or area-wide significance (PRC § 21082.1[c]). The Findings contained in this document reflect the City’s conclusions, as required pursuant to CEQA, for the Project. The City has exercised independent judgment, in accordance with PRC § 21082.1(c)(3), in the preparation of the EIR. The review, analysis and revision material prepared by the Project Applicant and its consultants, and the review, analysis, and revision of the EIR based on comments received during the public comment process. Having received, reviewed, and considered the information in the FEIR, as well as any and all other information in the record, the City hereby makes these Findings pursuant to and in accordance with PRC §§ 21081, 21081.5, and 21081.6. SECTION 2. GENERAL CEQA FINDINGS Pursuant to PRC § 21081 and CEQA Guidelines § 15091, no public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant effects on the environment that would occur if the project is approved or carried out unless the public agency makes one or more of the following findings with respect to each significant impact: 1. Changes or alterations have been required in, or incorporated into, the project which mitigates or avoid the significant effects on the environment. [referred to in these Findings as “Finding 1”]. 2. Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency. [referred to in these Findings as “Finding 2”]. 3. Specific economic, legal, social, technological, or other consideration, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report. (The concept of infeasibility also encompasses whether a particular alternative or mitigation measure promotes the Project’s underlying goals and objectives, Page 47Page227 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 5 and whether an alternative or mitigation measure is impractical or undesirable from a policy standpoint. See, California Native Plant Society v. City of Santa Cruz (2009) 177 Cal. App. 4th 957; City of Del Mar v. City of San Diego (1982) 133 Cal. App.3d 410). [referred to in these Findings as “Finding 3”]. The City has made one or more of the required written findings for each significant impact associated with the Project. Those written findings, along with a presentation of facts in support of each of the written findings, are presented below. The City certifies these findings are based on full appraisal of all viewpoints, including all comments received up to the date of adoption of these findings, concerning the environmental issues identified and discussed. The mitigation measures adopted as part of the Project are feasible and mitigate the environmental impacts to the maximum extent feasible and possible as discussed in the findings made below. The FEIR includes minor clarifications to the DEIR. These changes made to the DEIR are shown in the FEIR in response to individual comments and are shown in strikethrough and underline text. Thus, it is the finding of the City that such clarifying changes as described in the FEIR, do not present any new, significant information requiring recirculation or additional environmental review under PRC § 21092.1 and CEQA Guidelines § 15088.5. A Mitigation Monitoring and Reporting Program MRP for the Project has been adopted pursuant to the requirements of PRC § 21081.6 to ensure implementation of the adopted mitigation measures to reduce significant effects on the environment and is included in the FEIR document. The City is the custodian of the documents and other material that constitute the record of the proceedings upon which certification of the FEIR for the Project is based, as described above in Section 1.3, Custodian and Location of Records. It is the finding of the City of Rancho Cucamonga’s City Council that the FEIR, as presented for review and approval, fulfills environmental review requirements for the Project, and that the document constitutes a complete, accurate, adequate, and good faith effort at full disclosure under CEQA, and reflects the independent judgment of the City. SECTION 3. FINDINGS REGARDING ENVIRONMENTAL EFFECTS DETERMINED TO HAVE NO IMPACT For the following significance thresholds, the City finds that, based upon substantial evidence in the record, the proposed Project would have no impact; therefore, no mitigation is required, and no significant, unavoidable adverse impacts would occur. Page 48Page228 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 6 3.1. Aesthetics Significance Threshold: Would the project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings along a scenic highway? Basis of Conclusion: There are no state or County eligible or designated state scenic highways in the City of Rancho Cucamonga. The nearest officially designated scenic highway is State Route (SR) 2 (Angeles Crest Scenic Highway), located on the north side of the San Gabriel Mountains and approximately 12 miles from the northern City boundary. No scenic resources are located within or adjacent to the project site. Given the distance between the Project Site and the nearest officially designated state scenic highways, the proposed Project would not substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway. Therefore, no impacts to scenic resources would be anticipated. Supportive Evidence: Please refer to DEIR page 5-4. 3.2. Agriculture and Forestry Resources Significance Threshold: Would the project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? Basis of Conclusion: According to the California Department of Conservation’s California Important Farmland Finder, the proposed Project site does not contain Prime Farmland, Unique Farmland, Farmland of Statewide Importance, or Farmland of Local Importance. The site is classified as “Urban and Built-Up Land” by the Farmland Finder. The Project site does not contain Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. No impact to these resources would occur. Supportive Evidence: Please refer to DEIR pages 5-5 through 5-6. Significance Threshold: Would the project conflict with existing zoning for agricultural use or a Williamson Act contract? Basis of Conclusion: The Project site is zoned MI/HI and designated Heavy Industrial in the General Plan Update (2010). The Heavy Industrial designation permits heavy manufacturing, compounding, processing or fabrication, warehousing, storage, freight handling, and truck services and terminals, as well as supportive service commercial uses. This district is intended for Industrial use. Additionally, the Project site is not enrolled in a Williamson Act contract. As a Page 49Page229 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 7 result, no impacts related to conflicts with agricultural zoning or a Williamson act contract would occur. No impact would occur. Supportive Evidence: Please refer to DEIR page 5-6. Significance Threshold: Would the project conflict with existing zoning for, or cause rezoning of, forest land (as defined in PRC Section 12220(g)) or timberland (as defined in PRC Section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? Basis of Conclusion: Neither the Project site nor surrounding areas are zoned for forest use or timber production. The site has not been used for timber production or commercial agriculture. The Project would not conflict with any zoning designations designed to preserve timber or agricultural resources. No impact would occur. Supportive Evidence: Please refer to DEIR page 5-6. Significance Threshold: Would the project result in the loss of forest land or conversion of forest land to non-forest use? Basis of Conclusion: There is no forest land on or in the vicinity of the proposed Project site. The Project would not result in the loss of forest land or conversion of forest land to non-forest use. No impact would occur. Supportive Evidence: Please refer to DEIR page 5-6. Significance Threshold: Would the project involve other changes in the existing environment that, due to their location or nature, could individually or cumulatively result in loss of Farmland to nonagricultural use or conversion of forest land to non-forest use? Basis of Conclusion: There is no farmland or forest land located within or near the proposed Project site. The Project would not involve any changes that could result in the loss or conversion of farmland or forest land to other uses. No impact would occur. Supportive Evidence: Please refer to DEIR page 5-6. 3.3. Biological Resources Significance Threshold: Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations, Page 50Page230 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 8 or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Basis of Conclusion: The Project site does not support riparian habitat; United States Army Corps of Engineers (USACE), California Department of Fish and Wildlife (CDFW), or Regional Water Quality Control Board (RWQCB) jurisdictional areas; wetlands; or, sensitive natural communities. Therefore, no impact would occur. Supportive Evidence: Please refer to DEIR page 5-7. Significance Threshold: Would the project have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Basis of Conclusion: The Project site does not support riparian habitat; non-wetland jurisdictional resources; wetlands; or, sensitive natural communities. Therefore, no impact would occur. Supportive Evidence: Please refer to DEIR page 5-7. Significance Threshold: Would the project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Basis of Conclusion: The Project site is isolated from regional wildlife corridors and linkages, and there are no riparian corridors, creeks, or useful patches of steppingstone habitat (natural areas) within or connecting the Project site to any identified wildlife corridors or linkages. No impact would occur. Supportive Evidence: Please refer to DEIR page 5-7. Significance Threshold: Would the project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Basis of Conclusion: The Project site does not contain any trees that would qualify as Heritage Trees under the City’s Municipal Code and no street trees would be removed during site preparation. Further, there are no Habitat Conservation Plans or Natural Community Conservation Plans that are applicable to the area. No impact would occur. Supportive Evidence: Please refer to DEIR page 5-8. Page 51Page231 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 9 Significance Threshold: Impact - Would the project conflict with the provisions of an adopted habitat conservation plan, natural community conservation plan, or any other approved local, regional, or state habitat conservation plan? Basis of Conclusion: The Project site is not within an adopted Habitat Conservation Plan; Natural Communities Conservation Plan; or other approved local, regional, or State habitat conservation plan area. Therefore, implementation of the Project would not conflict with the provisions of an adopted plan and no impacts would occur. Supportive Evidence: Please refer to DEIR page 5-8. 3.4. Cultural Resources Significance Threshold: Would the project cause a substantial adverse change in the significance of a historical resource pursuant to §15064.5? Basis of Conclusion: The Project site has not been developed; thus, there are no structures or other features that may be determined a historical resource pursuant to CEQA Guidelines §15064.5. No recorded resources are located within the area of potential effect (APE). The Project site is not part of a historic district nor would historic resources be affected by the Project. No impact would occur. Supportive Evidence: Please refer to DEIR page 4-53. 3.5. Energy Significance Threshold: Would the project conflict with or obstruct a state or local plan for renewable energy or energy efficiency? Basis of Conclusion: The Project would not conflict with or obstruct a State or local plan for renewable energy or energy efficiency. No impact would occur. Supportive Evidence: Please refer to DEIR page 5-9. 3.6. Geology and Soils Significance Threshold: Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death from landslides? Basis of Conclusion: The Project site does not exhibit sloped conditions, adverse geologic conditions, or weak earth materials and is not at risk for seismic induced landslides. The Project would not expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving landslides. No impact would occur. Page 52Page232 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 10 Supportive Evidence: Please refer to DEIR page 5-9. Significance Threshold: Be located on expansive soil, as defined in Table 18-1-B of the UBC (1994), creating substantial direct or indirect risks to life or property? Basis of Conclusion: As stated in the General Plan EIR, Section 4.7, Geology/Soils, expansive soils are soils with a significant amount of clay particles that have the ability to shrink or swell with water. When these soils swell, they exert pressure on building foundations and may cause damage. Soils in the City of Rancho Cucamonga and its sphere of influence have relatively low amounts of clay and no soil expansion hazards are present No impact would occur related to expansive soils. Supportive Evidence: Please refer to DEIR page 4-64. Significance Threshold: Would the project have soils that are incapable of supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Basis of Conclusion: No septic tanks or alternative wastewater systems will be constructed as part of the proposed Project and no impacts will occur. Supportive Evidence: Please refer to DEIR page 5-9. 3.7. Hazards and Hazardous Materials Significance Threshold: Would the project be located on a site which is included on a list of hazardous material sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? Basis of Conclusion: Slag fill material was identified on the site that was determined to be hazardous. The site was remediated consistent with the Phase II Investigation and Remediation Plan; however, no state or local CUPA oversight occurred. As referenced in the Site Remediation Report (July 2020), a total of 12,364 tons of hazardous material was removed from the site and disposed of at the La Paz County landfill, Arizona. Based on the amount of material excavated and properly disposed of offsite, visual evidence and verification sampling of remaining soils, it was concluded that constituents within the soil remaining on-site are below the agreed upon Department of Toxic Substance Control (DTSC) regulatory cleanup levels. The Project site is not on the Cortese list, nor on databases maintained by either the DTSC or the State Water Resources Control Board (SWRCB). Further, there are no Cortese listed sites located in proximity to the Project site. The Project is not located on a site included on a list Page 53Page233 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 11 compiled pursuant to Government Code Section 65962.5. No impact would occur and no mitigation is required. Supportive Evidence: Please refer to DEIR pages 5-10 through 5-11. Significance Threshold: Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within ¼ mile of an existing or proposed school? Basis of Conclusion: No existing or proposed schools are located within one-quarter mile of the Project site. The nearest school to the Project site is the Rancho Cucamonga Middle School which is located at 10022 Feron Boulevard in Rancho Cucamonga approximately 2.6 miles west of the site. Cucamonga Elementary School is located at 8677 Archibald Avenue approximately 2.9 miles west of the site. Accordingly, the Project would not emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school. No impact would occur. Supportive Evidence: Please refer to DEIR page 5-10. Significance Threshold: For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? Basis of Conclusion: Ontario International Airport is located approximately 3.8 miles southwest of the Project site. The proposed Project is located within the Airport Influence Area and Airport Land Use Compatibility Zone E as shown in the Ontario Airport Land Use Compatibility Plan (ALUCP) Map 2-. There are no specific land use constraints within Zone E that would apply to the Project. The proposed Project would not result in a safety concern for people residing in proximity to Ontario International Airport. No impact would occur. Supportive Evidence: Please refer to DEIR page 5-10. Significance Threshold: Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Basis of Conclusion: The proposed Project would not obstruct access to the Project vicinity through road closures or other project actions that could impact evacuation routes or otherwise impair evacuation during emergencies. Access to areas surrounding the site via Milliken Avenue and Jersey Boulevard would be maintained. No impact would occur. Supportive Evidence: Please refer to DEIR page 5-10. Page 54Page234 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 12 Significance Threshold: Expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires? Basis of Conclusion: The Project site is not located within a designated fire hazard area or a Very High Fire Hazard Severity Zone within a Local Responsibility Area. The Project would not expose people or structures to a significant risk associated with wildland fires. No impact would occur. Supportive Evidence: Please refer to DEIR page 5-10. 3.8. Hydrology and Water Quality Significance Threshold: Would the project, in flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? Basis of Conclusion: The Project site is not within a 100-year flood zone, is not within a tsunami zone, and is not within proximity to an enclosed or partially enclosed body of water that is capable of producing seiches. Therefore, there would be no impact related to risk of release of pollutants due to inundation of the Project site from a flood, tsunami or seiche. Supportive Evidence: Please refer to DEIR page 4-101. Significance Threshold: Would the project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? Basis of Conclusion: The Project site is within the Santa Ana River Basin and the Project would not conflict with the Santa Ana Basin Plan. Additionally, the Project would be consistent with the City of Rancho Cucamonga MS4 Permit. No impact would occur. Supportive Evidence: Please refer to DEIR pages 4-101 through 4-102. 3.9. Land Use and Planning Significance Threshold: Would the project physically divide an established community? Basis of Conclusion: The Project site is surrounded by warehouse/industrial uses to the north, east and west and Fire Station #174 and training facility to the south. The proposed Project would utilize the existing road network and not result in the construction of improvements that would physically divide an existing community or otherwise impact circulation on public roads surrounding the site. No impact would occur. Supportive Evidence: Please refer to DEIR page 5-12. Page 55Page235 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 13 Significance Threshold: Would the project cause a significant environmental impact due to conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? Basis of Conclusion: Implementation of the Project would not result in conflicts with any local or regional land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect. The Project is consistent with the Rancho Cucamonga General Plan (2010) and Zoning Code. No impact would occur. Supportive Evidence: Please refer to DEIR pages 5-12 through 5-13. 3.10. Mineral Resources Significance Threshold: Would the project result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? Basis of Conclusion: The Project site is not part of an area known to have significant local sand and gravel resources. As stated in the General Plan EIR, the mineral resources are primarily sand and gravel deposits within the alluvial fans in and near Lytle Creek (San Sevaine Wash and Etiwanda Creek), San Antonio Creek, Cucamonga Creek, Deer Creek, and Day Creek. These alluvial fans generally start at the canyons at the base of the San Gabriel Mountains, north of the City. While the northern portion of these fans remain undeveloped, the creeks have been channelized in and near the City of Rancho Cucamonga and in developed areas along creeks. Implementation of the Project would not result in the loss of availability of a known mineral resource that would be of value to the region or to the residents of the State of California. No impact would result. Supportive Evidence: Please refer to DEIR page 5-13. Significance Threshold: Would the project result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? Basis of Conclusion: The Project site is not located in an area of known sand and gravel deposits and is not identified in the General Plan as a locally-important mineral resource recovery site. Implementation of the Project would not result in the loss of availability of a known mineral resource that would be of value to the region or to the residents of the State of California. No impact would result. Supportive Evidence: Please refer to DEIR page 5-13. Page 56Page236 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 14 3.11. Noise Significance Threshold: For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? Basis of Conclusion: The Project site is located approximately 3.8 miles northwest of Ontario International Airport. There are no private airstrips in proximity to the site. The proposed Project is located within the Airport Influence Area and Airport Land Use Compatibility Zone E as shown in the Ontario ALUCP Map 2-1. No airport noise limits are associated with Zone E. No impact would occur. Supportive Evidence: Please refer to DEIR page 5-14. 3.12. Population and Housing Significance Threshold: Would the project induce substantial unplanned population growth in an area, either directly (e.g., by proposing new homes and business) or indirectly (e.g., through extension of roads or other infrastructure)? Basis of Conclusion: The Project would not construct housing, nor would it extend roads or other infrastructure into previously unserved areas. Thus, the Project would not directly or indirectly induce population growth. No impact related to unplanned population growth would result from Project implementation. Supportive Evidence: Please refer to DEIR page 5-14. Significance Threshold: Would the project displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? Basis of Conclusion: Construction of the proposed Project would not require the removal of existing housing; and thus, would not result in the displacement of people or require the construction of replacement housing elsewhere. No impact would occur. Supportive Evidence: Please refer to DEIR page 5-14. 3.13. Public Services Significance Threshold: Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities or a need for new or physically Page 57Page237 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 15 altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services including other public facilities? v.) Other Public Facilities: Basis of Conclusion: The Project would not increase the population of Rancho Cucamonga or otherwise affect demand for library services. No new or expanded library services would be required. No impact would occur. Supportive Evidence: Please refer to DEIR page 5-16. 3.14. Recreation Significance Threshold: Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Basis of Conclusion: The Project does not propose any uses that would directly generate a population that would increase the use of existing neighborhood and regional parks or other recreational facilities. The Project would not add additional residences or business that would increase demand for any park or other recreational facility in the area. No impact would occur. Supportive Evidence: Please refer to DEIR pages 5-16 through 5-17. Significance Threshold: Does the project include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? Basis of Conclusion: No additional park land would be required to accommodate the Project, nor would staff contribute to an exceedance of the capacity of existing park capacity. The payment of impact fees by the Project applicant, if required, would contribute to funding available for improvements to existing park resources. No impact would occur. Supportive Evidence: Please refer to DEIR page 5-17. 3.15. Transportation/Traffic Significance Threshold: Would the project substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Page 58Page238 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 16 Basis of Conclusion: Road improvements would be limited to the driveways on the south and east side of the Project site and would be constructed consistent with Rancho Cucamonga Municipal Code. The Project would not increase hazards caused by a design feature or incompatible use. No impact would occur. Supportive Evidence: Please refer to DEIR page 5-17. Significance Threshold: Would the project result in inadequate emergency access? Basis of Conclusion: The Project would not alter emergency access routes. The road improvements would be constructed consistent with Rancho Cucamonga Municipal Code to ensure safe truck, vendor/employee and emergency vehicle access. The Project would not impair or otherwise adversely affect emergency vehicle circulation or access to the site or other properties in the area. No impact would occur. Supportive Evidence: Please refer to DEIR page 5-17. 3.16. Utilities and Service Systems Significance Threshold: Would the project comply with federal, state, and local management and reduction statutes and regulations related to solid waste? Basis of Conclusion: Construction and operation associated with implementation the Project would be conducted in compliance with applicable statues and regulations related to solid waste. No impact would occur and no mitigation is required. Supportive Evidence: Please refer to DEIR page 5-20. 3.17. Wildfire Significance Threshold: Would the project require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? Basis of Conclusion: The Project site is not located within a very high fire hazard severity zone, and is surrounded by development, with no wildland areas in the immediate vicinity. As such, no impact would occur. Supportive Evidence: Please refer to DEIR page 5-21. Page 59Page239 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 17 Significance Threshold: Would the project expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? Basis of Conclusion: The Project site and surrounding area is relatively flat and heavily urbanized. Additionally, the Project site is not located within a 100-year floodplain. If the area were to burn, fires are anticipated to be isolated and not expected to result in substantive risk from landslide or mudflows caused by run-off, post-fire slope instability or drainage changes. No impact would occur. Supportive Evidence: Please refer to DEIR page 5-22. SECTION 4. FINDINGS REGARDING ENVIRONMENTAL IMPACTS FOUND TO BE LESS THAN SIGNIFICANT (NO MITIGATION REQUIRED) The City agrees with the characterization in the Final EIR with respect to impacts identified as "less than significant impact" and finds that, based upon substantial evidence in the record, as discussed below, the following impacts associated with the Project are not significant or are less than significant, and do not require mitigation, as described in the Final EIR. Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3); 15091.) Note that impacts are presented below in summary form. For a full description of impacts, see the appropriate text in the EIR, which the Council hereby incorporates by reference into these Findings. 4.1. Aesthetics Significance Threshold: Would the project have a substantial adverse effect on a scenic vista? Basis of Conclusion: The Project site does not contain scenic resource and would be consistent with the overall context of the surrounding area. The Project would not have a substantial adverse effect on a scenic vista, resulting in a less than significant impact. Supportive Evidence: Please refer to DEIR pages 5-2 through 5-4. Significance Threshold: Would the project conflict with applicable zoning and other regulations governing scenic quality? Basis of Conclusion: The Project site is within an urbanized area of the City of Rancho Cucamonga. As such, the analysis for this threshold is based on the review of the potential for Page 60Page240 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 18 the Project to conflict with applicable zoning and other regulations governing scenic quality. The Project would not conflict with the applicable zoning and other regulations governing scenic quality, including Rancho Cucamonga Development Code standards and General Plan polices. A less than significant impact would occur. Supportive Evidence: Please refer to DEIR pages 5-4 through 5-5. Significance Threshold: Would the project create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Basis of Conclusion: The Project site is located in an urban area, which includes existing sources of light and glare. The Project would add new lighting to the site. All outdoor street lighting and on-site security lighting and landscape lighting would be designed to City of Rancho Cucamonga Municipal Code standards. Impacts would be less than significant. Supportive Evidence: Please refer to DEIR page 5-5. 4.2. Air Quality Significance Threshold: Would the project conflict with or obstruct implementation of the applicable air quality plan? Basis of Conclusion: The Project area is within the South Coast Air Basin and therefore is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The SCAQMD has two criteria used to determine consistency with the Air Quality Management Plan (AQMP). The Project would comply with both of the AQMP’s criteria. Therefore, the Project would be compliant with the applicable AQMP. Impacts would be less than significant. Supportive Evidence: Please refer to DEIR pages 4-19 through 4-20. Significance Threshold Would the project expose sensitive receptors to substantial pollutant concentrations? Basis of Conclusion: The Project would not expose sensitive receptors (e.g., residents, workers or school children) to substantial pollutant concentrations, including localized criteria pollutant emissions during construction and operation, mobile source and construction-related diesel particulate matter (DPM) emissions, or carbon monoxide (CO) “Hot Spots”. Impacts would be less than significant. Supportive Evidence: Please refer to DEIR pages 4-24 through 4-26. Significance Threshold: Would the project create objectionable odors affecting a substantial number of people? Page 61Page241 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 19 Basis of Conclusion: The proposed Project would generate odors from construction (i.e., diesel exhaust, asphalt). Construction emissions would not exceed SCAQMD impact thresholds and would be short-term in duration. Thus, short-term odors are not expected to be significant. Operation of the warehouse facility would not cause odors. Impacts would be less than significant. Supportive Evidence: Please refer to DEIR page 4-26. 4.3. Energy Significance Threshold: Would the project result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? Basis of Conclusion: The Project would adhere to the state-mandated provisions of California Energy Code Title 24. The Project would not result in wasteful, inefficient, or unnecessary consumption of energy, or wasteful use of energy resources, during Project construction or operation. Impacts would be less than significant. Supportive Evidence: Please refer to DEIR pages 5-8 through 5-9. 4.4. Geology and Soils Significance Threshold: Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the state geologist for the area or based on other substantial evidence of a known fault or strong seismic ground shaking? Basis of Conclusion: The Project site is not in a fault hazard area; nor is the Project site within a mapped Alquist-Priolo Earthquake Fault Zone. The Project site is within a seismically active region. As such, the Project’s proposed structures may be subject to moderate to large seismic events, resulting in strong seismic ground shaking. The Project would be required to comply with the California Building Code (CBC) and would be required to incorporate the recommendations from the Geotechnical Investigation, which would ensure that people and/or structures would not be exposed to potential substantial adverse effects from strong seismic ground shaking. Impacts would be less than significant. Supportive Evidence: Please refer to DEIR page 4-62. Page 62Page242 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 20 Significance Threshold: Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death from seismic-related ground failure, including liquefaction? Basis of Conclusion: Groundwater was not encountered during site borings and groundwater within the Project area is likely of sufficient depth that liquefaction during a seismic event is unlikely. The potential for encountering groundwater and related impacts associated with liquefaction at the Project site is considered low. Impacts would be less than significant. Supportive Evidence: Please refer to DEIR pages 4-62 through 4-63. Significance Threshold: Would the project result in substantial soil erosion or the loss of topsoil? Basis of Conclusion: The Project site is flat, limiting erosion potential. Construction activities would be conducted in compliance regulations pertaining to protection of water quality. With adherence to existing regulations and requirements, there would be a less than significant impact related to erosion during construction and operation. Supportive Evidence: Please refer to DEIR pages 4-63 through 4-64. Significance Threshold: Would the project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? Basis of Conclusion: The Project would be required to incorporate the recommendations from the Geotechnical Investigation, which would ensure that these hazards would be reduced with proper site preparation. No groundwater was encountered during site borings and groundwater within the Project area is likely of sufficient depth that liquefaction during a seismic event is unlikely. Further, the site has dense subsurface soil conditions. Thus, potential impacts related to land subsidence or lateral spreading would be less than significant. Supportive Evidence: Please refer to DEIR page 4-64. Significance Threshold: Would the project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Basis of Conclusion: The majority of the City is underlain by bedrock consisting of surficial sedimentary or metamorphic rocks that are unlikely to contain significant vertebrate fossils; however, there may be sedimentary deposits at a greater depth. The Geotechnical Report states that soils below the site to a depth of 16 feet bgs are comprised of native soil containing alluvial sand, fine to course-grained, silty, gravelly, dry to damp material. The Project would not excavate more than approximately four feet below bgs for the building footings, utilities and related Page 63Page243 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 21 improvements. The surficial sediment at depths that would be encountered by project excavations are unlikely to contain vertebrate fossils. No paleontological resources were discovered during remediation activities nor are these resources known to occur in the area, particularly at depths that would be excavated by the Project. Excavation depths would be limited to that needed to grade the site and construct building foundations and subsurface utilities and improvements. Impacts would be less than significant. Supportive Evidence: Please refer to DEIR pages 5-9 through 5-10. 4.5. Greenhouse Gas Emissions Significance Threshold: Would the project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Basis of Conclusion: Construction and operation of the Project, would not exceed the South Coast Air Quality Management District (SCAQMD)/City screening threshold for greenhouse gas (GHG) emissions and would not generate a net increase in GHG emissions, either directly or indirectly, that may significantly impact the environment. GHG emissions impacts would be less than significant. Supportive Evidence: Please refer to DEIR page 4-75. Significance Threshold: Would the project conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Basis of Conclusion: The Project would not conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing GHG emissions, including Senate Bill (SB) 32 and the California Air Resources Board (CARB) 2017 Scoping Plan, Connect SoCal, and the City of Rancho Cucamonga Sustainable Community Action Plan. This impact is less than significant and no mitigation is required. Supportive Evidence: Please refer to DEIR pages 4-76 through 4-81. 4.6. Hazards and Hazardous Materials Significance Threshold: Would the project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Basis of Conclusion: Construction and operation of the Project would involve handling of hazardous materials in limited quantities and typical to developed environments. Based on the site investigation and remediation work performed to date, encountering hazardous materials during construction is not anticipated. Through compliance with existing applicable regulations, Page 64Page244 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 22 the Project would not pose a significant hazard to the public or the environment through the routine transport, use, storage, emission, or disposal of hazardous materials. Impacts would be less than significant. Supportive Evidence: Please refer to DEIR pages 4-87 through 4-88. Significance Threshold: Would the project create a significant hazard to the public or the environment through the reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment? Basis of Conclusion: The Project would comply with existing applicable regulations and would not increase the potential for accident conditions which could result in the release of hazardous materials into the environment. The accidental release of hazardous materials on-site is unlikely because of the regulations in place to avoid such an event. Impacts are anticipated to be less than significant. Supportive Evidence: Please refer to DEIR pages 4-88 through 4-89. 4.7. Hydrology and Water Quality Significance Threshold: Would the project violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? Basis of Conclusion: Proposed drainage patterns would maintain the existing drainage pattern and the Project would be designed to convey surface flows into an underground system where it would be treated prior to percolation into subsurface soils. The Project would not substantially degrade water quality or otherwise violate discharge standards. Impacts would be less than significant. Supportive Evidence: Please refer to DEIR page 4-98. Significance Threshold: Would the project substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? Basis of Conclusion: The Project site is currently pervious; and post-construction, the majority of the site would be impervious. However, all stormwater would be retained in an underground storage infiltration system and allowed to percolate into the soil. The Project would change how the site percolates water; however, overall recharge volumes within the basin would not change as a result of the Project. Thus, the Project would not directly interfere with groundwater recharge or contribute to depletion groundwater. A less than significant impact would occur. Page 65Page245 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 23 Supportive Evidence: Please refer to DEIR page 4-99. Significance Threshold: Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or through the addition of impervious surfaces, in a manner which would: i) Result in substantial erosion or siltation on- or off-site?; ii) Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site?; iii) Create or contribute runoff which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? or; iv) Impede or redirect flood flows? Basis of Conclusion: With implementation of the stormwater system as designed, no off-site erosion or siltation would occur. The Project site is not located within a 100-year mapped flood zone nor is it located in proximity to drainage features that would cause or contribute to flooding conditions. Thus, the Project would not expose people or structures to flood hazard from severe storm events. The Project would not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would result in substantial erosion or siltation on- or off- site, substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site, create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff, or impede or redirect flood flows. Impacts would be less than significant and no mitigation is required. Supportive Evidence: Please refer to DEIR pages 4-99 through 4-101. 4.8. Noise Significance Threshold: Would the project result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Basis of Conclusion: The Project would not result in the generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards Page 66Page246 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 24 established in the local general plan or noise ordinance, or applicable standards of other agencies. Noise levels would be below the thresholds of the Rancho Cucamonga Municipal Code for construction and operations. This impact is less than significant and no mitigation is required. Supportive Evidence: Please refer to DEIR pages 4-109 through 4-113. Significance Threshold: Would the project result in generation of excessive groundborne vibration or groundborne noise levels? Basis of Conclusion: The Project would not result in the generation of excessive groundborne vibration or groundborne noise levels during construction or operation. This impact is less than significant and no mitigation is required. Supportive Evidence: Please refer to DEIR pages 4-113 through 4-114. 4.9. Public Services Significance Threshold: Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities or a need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: Fire Protection, Police Protection, Schools and Parks: Basis of Conclusion: The Project would not involve new residential uses or an increase in the City’s population, and there is an existing demand for public services at the Project site associated with the existing development on-site. The Project would be developed in adherence to existing regulations relative to fire protection and required development impact fees would be paid. The Project would not increase the population of Rancho Cucamonga or otherwise affect demand for park facilities. The Project would not remove park or recreational facilities that would require replacement elsewhere. The Project would not require the construction of new or alteration of existing public service facilities to maintain an adequate level of service to the Project area, and no physical environmental impacts would result. Impacts to public services would be less than significant. Supportive Evidence: Please refer to DEIR pages 5-14 through 5-16. 4.10. Transportation/Traffic Significance Threshold: Would the project conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? Page 67Page247 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 25 Basis of Conclusion: The Project would not be required to make road improvements; however, frontage and access improvements would be required per the City of Rancho Cucamonga. This would improve overall pedestrian circulation and safety within the area. The Project would not conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities. This impact is less than significant and no mitigation is required. Supportive Evidence: Please refer to DEIR pages 4-122 through 4-123. Significance Threshold Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? Basis of Conclusion: The Project’s VMT impact would be considered less than significant based on the City’s TPA Screening VMT Area screening threshold. The Project site is located within a TPA is considered less than significant due to meeting each of the criteria for projects within TPAs. Thus, the Project would not conflict with or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b). This impact is less than significant and no mitigation is required. Supportive Evidence: Please refer to DEIR pages 4-123 through 4-125. 4.11. Utilities and Service Systems Significance Threshold: Would the project require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? Basis of Conclusion: The Project would create additional demand on existing facilities; however, demand would be met with existing infrastructure. No additional water or wastewater treatment facilities would be required to meet Project demand. No additional electrical or telecommunication systems would need to be constructed to meet Project demand. All waste material would be collected and disposed of in nearby landfills within permitted capacity. No additional facilities would need to be constructed to accommodate Project demand. A less than significant impact would occur. Supportive Evidence: Please refer to DEIR pages 5-17 through 5-19. Significance Threshold: Would the project have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? Basis of Conclusion: Development allowed by the Project would require water supplies from the CVWD. Project demand would be within the demand projections provided in the CVWD Urban Water Management Plan. Impacts would be less than significant. Page 68Page248 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 26 Supportive Evidence: Please refer to DEIR pages 5-19. Significance Threshold: Would the project result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? Basis of Conclusion: The Inland Empire Utilities Agency (IEUA) wastewater treatment facilities have sufficient capacity to serve the Project and existing commitments. This impact would be less than significant and no mitigation is required. Supportive Evidence: Please refer to DEIR pages 5-19 through 5-20. Significance Threshold: Would the project generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? Basis of Conclusion: The Project’s construction and operational refuse would be disposed of at the Mid Valley Landfill. Construction and operational activities would comply with applicable regulations addressing solid waste management. The Project would not generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals. This impact would be less than significant and no mitigation is required. Supportive Evidence: Please refer to DEIR page 5-20. Significance Threshold: Would the project comply with federal, state, and local management and reduction statutes and regulations related to solid waste? Basis of Conclusion: Construction and operation associated with implementation the Project would be conducted in compliance with applicable statues and regulations related to solid waste. No impact would occur and no mitigation is required. Supportive Evidence: Please refer to DEIR pages 5-20 through 5-21. 4.12. Wildfire Significance Threshold: Would the project substantially impair an adopted emergency response plan or emergency evacuation plan? Basis of Conclusion: The Project would not alter emergency access routes. Emergency vehicle access to the site would be provided via Milliken Avenue or Jersey Boulevard. The Project would Page 69Page249 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 27 not adversely impact traffic operations on Milliken Avenue or Jersey Boulevard and would not impact use of either street as an evacuation route. A less than significant impact would occur Supportive Evidence: Please refer to DEIR page 5-21. Significance Threshold: Would the project, due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? Basis of Conclusion: The Project is surrounded by warehouse and industrial uses. prevailing wind is from the west and the Project is located in a flat area. Vegetation in the area is sparse and there are no areas of native habitat that could burn in the event a wildfire occurs. The Project site is not expected to be exposed to high-risks resulting from surrounding slopes or prevailing winds. Impacts would be less than significant. Supportive Evidence: Please refer to DEIR page 5-21. SECTION 5. FINDINGS REGARDING ENVIRONMENTAL IMPACTS FOUND TO BE LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED Pursuant to PRC § 21081(a) and CEQA Guidelines § 15091(a)(1), based on substantial evidence, the City finds that for each of the impacts discussed below the Project’s potentially significant impacts have been avoided, offset or reduced to less than significant levels in consideration of existing regulatory plans and programs (described in the DEIR Section 4 for each applicable impact topic), and EIR mitigation measures (as listed in Mitigation Monitoring and Reporting Program [MMRP], and summarized below). 5.1. Air Quality Impact 4.1-2: Would the project violate any air quality standard or contribute substantially to an existing or projected air quality violation? Would the project result in a cumulatively considerable net increase of any criteria pollutants for which the project region is non-attainment under an applicable federal or state ambient air quality standard? Basis for Conclusion: The air quality plan applicable to the Project is the SCAQMD‘s Final 2016 Air Quality Management Plan (AQMP). The Project’s net operational emissions would not exceed the applicable South Coast Air Quality Management District (SCAQMD) regional or local significance thresholds or (LST), and the Project’s construction and operational characteristics Page 70Page250 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 28 would not exceed the assumptions in the AQMP. Additionally, during operation, the Project would not result in a cumulatively-considerable net increase of any criteria pollutant for which the Project region is in nonattainment under an applicable federal or State ambient air quality standard, and impacts would therefore be less than significant. In terms of project-related construction emissions, the DEIR assumed that graded soils would be balanced on the Project site and that no soil import or export would be required. The Project would be required to comply with SCAQMD Rule 403, which identifies measures to reduce fugitive dust and is required to be implemented at all construction sites located within the South Coast Air Basin. Therefore, the following conditions, which are conditioned as part of the Project to reduce fugitive dust in compliance with SCAQMD Rule 403, were included in air quality model (CalEEMod) for site preparation and grading phases of construction. 1. Minimization of Disturbance. Construction contractors should minimize the area disturbed by clearing, grading, earth moving, or excavation operations to prevent excessive amounts of dust. 2. Soil Treatment. Construction contractors should treat all graded and excavated material, exposed soil areas, and active portions of the construction site, including unpaved on-site roadways to minimize fugitive dust. Treatment shall include, but not necessarily be limited to, periodic watering, application of environmentally safe soil stabilization materials, and/or roll compaction as appropriate. Watering shall be done as often as necessary, and at least twice daily, preferably in the late morning and after work is done for the day. The analysis provided herein assumes watering would occur by contractor two times daily as required per SCAQMD Rule 403. 3. Soil Stabilization. Construction contractors should monitor all graded and/or excavated inactive areas of the construction site at least weekly for dust stabilization. Soil stabilization methods, such as water and roll compaction, and environmentally safe dust control materials, shall be applied to portions of the construction site that are inactive for over four days. If no further grading or excavation operations are planned for the area, the area shall be seeded and watered until landscape growth is evident, or periodically treated with environmentally safe dust suppressants, to prevent excessive fugitive dust. 4. No Grading During High Winds. Construction contractors should stop all clearing, grading, earth moving, and excavation operations during periods of high winds (20 miles per hour or greater, as measured continuously over a one-hour period). 5. Street Sweeping. Construction contractors should sweep all on-site driveways and adjacent streets and roads at least once per day, preferably at the end of the day, if visible soil material is carried over to adjacent streets and roads. Page 71Page251 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 29 Therefore, the Project’s regional air quality impacts (including impacts related to criteria pollutants and violations of air quality standards) would be less than significant. Nonetheless, prior to mitigation the Project’s construction-related emissions could exceed the SCAQMD regional thresholds for ROG. Thus, Project-related construction activities have the potential to result in an increase in the frequency or severity of existing air quality violations or cause or contribute to new violations or delay the timely attainment of air quality standards or the interim emissions reductions specified in the 2016 AQMP, resulting in a potentially significant impact. With the implementation of MM AQ-1, which includes additional construction-related mitigation requirements to ensure that the architectural coating phase and the building phase would overlap for approximately 44 total workdays to avoid exceeding the daily ROG standard. Mitigation Measures: Based upon the analysis presented in Section 4.1, Air Quality of the DEIR, which is incorporated herein by reference, the following Mitigation Measures are feasible and are made binding through the MMRP. Imposition of these mitigation measures will reduce potentially significant impacts to less than significant. MM AQ-1 Condition Project to overlap architectural coating phase with the building phase by approximately 44 total workdays to avoid exceeding the daily ROG standard. Prior to issuance of a building permit, the Applicant shall submit a detailed construction schedule to the City of Rancho Cucamonga which demonstrates that the architectural coating phase will overlap with the building phase by a minimum of 44 days. Finding: The City adopts CEQA Findings 1. Pursuant to Public Resources Code Section 20181(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant effect on the environment to below a level of significance. Supportive Evidence: Please refer to DEIR pages 4-20 through 4-26. 5.2. Biological Resources Impact 4.2-1: Would the project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service? Basis of Conclusion: The Project site consists of undeveloped land that has been impacted by decades of anthropogenic disturbances. No special-status species were observed on-site during the habitat assessment. The Project site and surrounding areas provide limited foraging and nesting habitat for year-round and seasonal birds and migrating songbirds. While it is unknown Page 72Page252 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 30 whether nesting would occur or what species would nest on-site, if construction activities occur between February 1 through August 31st, nesting and migratory bird species covered by the MBTA could be significantly affected by construction activities. Project construction would impact nesting and migratory bird species covered by the MBTA. Implementation of MM BIO-1, which requires pre-construction surveys, would reduce impacts to nesting and migratory birds to less than significant. Mitigation Measure: Based upon the analysis presented in Section 4.2, Biological Resources of the DEIR, which is incorporated herein by reference, the following Mitigation Measures are feasible and are made binding through the MMRP. Imposition of these mitigation measures will reduce potentially significant impacts to less than significant. MM BIO-1 Pursuant to the MBTA and Fish and Game Code, removal of any trees, shrubs, or any other potential nesting habitat should be conducted outside the avian nesting season. The nesting season extends from February 1 through August 31 but can vary slightly from year to year based upon seasonal weather conditions. If ground disturbance and vegetation removal cannot occur outside of the nesting season, a pre-construction clearance survey for nesting birds, shall be conducted by a qualified biologist at the direction of the Project Applicant and City of Rancho Cucamonga within three (3) days of the start of any ground disturbing activities to ensure that no nesting birds will be disturbed during construction. If an active avian nest is discovered during the pre-construction clearance survey, construction activities can commence thereafter provided activities are able to maintain a 300-foot buffer around the active nest. For raptors and special-status species, this buffer will be expanded to 500 feet. A biological monitor shall be present during construction activities within the buffer area. to delineate the boundaries of the buffers and to monitor the active nest to ensure that nesting behavior is not adversely affected by the construction activity. If the biologist determines that bird breeding activity is being disrupted, the Project Applicant shall stop work, notify the City and coordinate with the USFWS and CDFW to agree upon an avoidance/minimization approach. Upon agreement of the avoidance/ minimization approach, work may resume subject to the revisions and continued monitoring. If burrowing owls are detected on-site during the clearance survey, in conformance with the California Staff Report’s protocols, no ground-disturbing activities will be permitted within 656 feet of an occupied burrow during the breeding season (February 1 to August 31), unless otherwise authorized by CDFW. Once the qualified biologist has determined the young have fledged and left the nest of any birds within the buffer area(s), or the nest otherwise becomes inactive under natural conditions, normal construction activities can occur. Reporting. If no active nests are found during the pre-construction clearance survey, the Project Applicant shall submit to the City of Rancho Cucamonga a brief letter report prepared by the Page 73Page253 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 31 biologist that documents the negative survey results. The letter report shall also indicate that no impacts to active avian nests will occur. If active nests were found, the Project Applicant shall submit a final bird survey monitoring report prepared by the Project biologist to the City, the USFWS and CDFW. The report shall include documentation of all bird surveys, monitoring activities, coordination efforts with the wildlife agencies, as-built construction drawings with an overlay of any active nests in the survey areas, photographs of habitat areas during pre-construction and postconstruction conditions, and other relevant summary information documenting that authorized impacts were not exceeded and that general compliance was achieved for the avoidance/minimization provisions and the biological monitoring program required by the wildlife agencies. Finding: The City adopts CEQA Findings 1. Pursuant to Public Resources Code Section 20181(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant effect on the environment to below a level of significance. Supportive Evidence: Please refer to DEIR pages 4-37 through 4-39. 5.3. Cultural Resources Impact 4.3-2: Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? Basis of Conclusion: The Project has the potential to encounter subsurface archaeological resources during construction resulting in a potentially significant impact to previously unrecorded subsurface cultural resources prior to mitigation. Implementation of MM CUL-1 and MM CUL-2, which identify actions to be taken during construction to protect unknown resources, would reduce this impact to a less than significant level. MM CUL-1 requires a qualified archaeologist be retained to evaluate any cultural resources that are discovered during project activities. In the event that archaeological resources are discovered and avoidance cannot be ensured, MM CUL-2 requires the qualified archaeologist to develop a Monitoring and Treatment Plan. Mitigation Measures: Based upon the analysis presented in Section 4.3, Cultural Resources of the DEIR, which is incorporated herein by reference, the following Mitigation Measures are feasible and are made binding through the MMRP. Imposition of these mitigation measures will reduce potentially significant impacts to less than significant. MM CUL-1 In the event that cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60-foot buffer) shall cease and a qualified Page 74Page254 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 32 archaeologist meeting Secretary of Interior standards shall be hired to assess the find. Work on the other portions of the Project outside of the buffered area may continue during this assessment period. Additionally, the San Gabriel Band of Mission Indians (SMBMI) Cultural Resources Department shall be contacted, as detailed within TCR-1, regarding any pre-contact and/or historic-era finds and be provided information after the archaeologist makes his/her initial assessment of the nature of the find, so as to provide Tribal input with regards to significance and treatment. Prior to the release of the Grading Bond, a Monitoring Report and/or Evaluation Report, which describes the results, analysis and conclusions of the cultural resource mitigation monitoring efforts shall be submitted by the qualified archaeologist, along with the Native American Monitor’s notes and comments, to the City for review and approval. MM CUL-2 If significant pre-contact and/or historic-era cultural resources, as defined by CEQA (as amended, 2015), are discovered and avoidance cannot be ensured, the archaeologist shall develop a Monitoring and Treatment Plan, the drafts of which shall be provided to SMBMI for review and comment, as detailed within TCR-1. The archaeologist shall monitor the remainder of the Project and implement the Plan accordingly. Finding: The City adopts CEQA Findings 1. Pursuant to Public Resources Code Section 20181(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant effect on the environment to below a level of significance. Supportive Evidence: Please refer to DEIR pages 4-53 through 4-55. Impact 4.3-3: Would the project disturb any human remains, including those interred outside of formal cemeteries? Basis of Conclusion: No human remains or cemeteries were identified as a result of the SCCIC search and pedestrian field survey. The potential for encountering human remains at the Project site is low, however, there is a potential to encounter subsurface remains during construction. resulting in a potentially significant impact prior to mitigation. MM CUL-3 identifies actions that should be taken if human remains are encountered. This measure would reduce impacts to a less than significant impact. Mitigation Measures: Based upon the analysis presented in Section 4.3, Cultural Resources of the DEIR, which is incorporated herein by reference, the following Mitigation Measures are feasible and are made binding through the MMRP. Imposition of these mitigation measures will reduce potentially significant impacts to less than significant. MM CUL-3 If human remains or funerary objects are encountered during any activities associated with the Project, work in the immediate vicinity (within a 100-foot buffer of the find) shall cease and the County Coroner shall be contacted pursuant to State Health and Safety Code Page 75Page255 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 33 §7050.5 and that code enforced for the duration of the Project. If the human remains are determined to be prehistoric, the coroner will notify the Native American Heritage Commission, which will determine and notify a Most Likely Descendant. The Most Likely Descendant shall complete the inspection of the site within 48 hours of notification and may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. Finding: The City adopts CEQA Findings 1. Pursuant to Public Resources Code Section 20181(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant effect on the environment to below a level of significance. Supportive Evidence: Please refer to DEIR pages 4-53 through 4-55. 5.4. Tribal Cultural Resources Impact 4.10-1: Would the project cause a substantial adverse change in the significance of a Tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American Tribe, and that is: (i) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k) (ii) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1? In applying the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1 for the purposes of this paragraph, the lead agency shall consider the significance of the resource to a California Native American Tribe? Basis of Conclusion: The combined South Central Coastal Information Center (SCCIC), Native American Heritage Commission (NAHC) sacred land files (SLF) search, and pedestrian archaeological field survey did not identify any existing historic resources within the proposed Project area. Further, the Project site has been heavily disturbed by past soil remediation Page 76Page256 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 34 activities. For this reason, the Project is not anticipated to cause a substantial adverse change in the significance of a known historic resource as defined in PRC 5020.1 (k). However, if construction ground disturbance depths range within native soils (at least 1 foot or more bgs), there would be a potential to impact previously unrecorded subsurface tribal cultural resources. Implementation of MM TCR-1 through TCR-6, agreed upon during the City’s consultation with the California Native American tribes, would reduce this impact to a less than significant level. TCR-1 through TCR-6 require monitoring of ground-disturbing activities, outline the parameters for the monitoring activities, and identify actions that should be taken if tribal cultural resources or Native American human remains are encountered. These measures further ensure the proper identification and subsequent treatment of any tribal cultural resources and/or Native American human remains that may be encountered during ground-disturbing activities associated with the development of the Project. These measures would reduce impacts to a less than significant impact. Mitigation Measures: Based upon the analysis presented in Section 4.10, Tribal Cultural Resources of the DEIR, which is incorporated herein by reference, the following Mitigation Measures are feasible and are made binding through the MMRP. Imposition of these mitigation measures will reduce potentially significant impacts to less than significant. MM TCR-1 The San Gabriel Band of Mission Indians (SMBMI) Cultural Resources Department shall be contacted, as detailed in Mitigation Measure CUL-1, of any pre-contact and/or historic-era cultural resources discovered during project implementation and be provided information regarding the nature of the find, so as to provide Tribal input with regards to significance and treatment. Should the find be deemed significant, as defined by CEQA (as amended, 2015), a cultural resource Monitoring and Treatment Plan shall be created by the qualified archaeologist in coordination with SMBMI and submitted to the City of Rancho Cucamonga for review and approval. The qualified archaeologist shall be retained by the Project Applicant to implement all mitigation measures related to archaeological and historical resources. All subsequent finds shall be subject to the Monitoring and Treatment Plan. This Plan shall include tribal contact information, protocol to following should cultural resources be discovered, curation requirements and allow for a monitor to be present that represents SMBMI for the remainder of the Project’s ground disturbing activities, should SMBMI elect to place a monitor on-site. MM TCR-2 Any and all archaeological/cultural documents created as a part of the Project (isolate records, site records, survey reports, testing reports, etc.) shall be supplied to the applicant and the City of Rancho Cucamonga for dissemination to SMBMI. The City of Rancho Cucamonga and/or applicant shall, in good faith, consult with SMBMI until all ground disturbing activities have been completed. MM TCR-3 The Project Applicant shall be required to retain, prior to the commencement of construction, and compensate for the services of a Tribal monitor/consultant who is both approved by the Gabrieleño Band of Mission Indians-Kizh Nation Tribal Government and is listed Page 77Page257 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 35 under the NAHC’s Tribal Contact list for the area of the Project location. This list is provided by the NAHC. The monitor/consultant will only be present on-site during the construction phases that involve ground disturbing activities. Ground disturbing activities are defined by the Gabrieleño Band of Mission Indians-Kizh Nation as activities that may include, but are not limited to, pavement removal, pot-holing or auguring, grubbing, tree removals, boring, grading, excavation, drilling, and trenching, within the Project area. The Tribal Monitor/consultant will complete daily monitoring logs that will provide descriptions of the day’s activities, including construction activities, locations, soil, and any cultural materials identified. The on-site monitoring shall end when the Project site grading and excavation activities are completed, or when the Tribal Representatives and monitor/consultant have indicated that the site has a low potential for impacting Tribal Cultural Resources. MM TCR-4 Upon discovery of any archaeological resources, cease construction activities in the immediate vicinity of the find until the find can be assessed by the qualified archaeologist and/or Native American monitor. All archaeological resources unearthed by project construction activities shall be evaluated by the qualified archaeologist and tribal monitor/consultant approved by the Gabrieleño Band of Mission Indians-Kizh Nation. If the resources are Native American in origin, the Gabrieleño Band of Mission Indians-Kizh Nation shall coordinate with the landowner regarding treatment and curation of these resources. Typically, the Tribe will request reburial or preservation for educational purposes. Work may continue on other parts of the Project while evaluation and, if necessary, mitigation takes place (CEQA Guidelines Section 15064.5 [f]). If a resource is determined by the qualified archaeologist to constitute a “historical resource” or “unique archaeological resource”, time allotment and funding sufficient to allow for implementation of avoidance measures, or appropriate mitigation, must be available. The treatment plan established for the resources shall be in accordance with CEQA Guidelines Section 15064.5(f) for historical resources. MM TCR-5 Preservation in place (i.e., avoidance) is the preferred manner of treatment. If preservation in place is not feasible, treatment may include implementation of archaeological data recovery excavations to remove the resource along with subsequent laboratory processing and analysis. Any historic archaeological material that is not Native American in origin shall be curated at a public, non-profit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material, they shall be offered to a local school or historical society in the area for educational purposes. MM TCR-6 Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in PRC 5097.98, are also to be treated according to this statute. Health and Safety Code 7050.5 dictates that any discoveries of human skeletal material shall be immediately reported to the County Coroner and excavation halted until the coroner has determined the nature of the remains. If the coroner recognizes the human remains to be those of a Native American or has reason to believe that they are those of a Native American, he or Page 78Page258 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 36 she shall contact, by telephone within 24 hours, the Native American Heritage Commission (NAHC) and PRC 5097.98 shall be followed. Finding: The City adopts CEQA Findings 1. Pursuant to Public Resources Code Section 20181(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant effect on the environment to below a level of significance. Supportive Evidence: Please refer to DEIR pages 4-130 through 4-133. SECTION 6. FINDINGS REGARDING ALTERNATIVES TO THE PROPOSED PROJECT CEQA requires that an EIR describe a range of reasonable alternatives to the project, or to the location of the project, that could feasibly attain the basic objectives of the project, and to evaluate the comparative merits of the alternatives (14 CCR 15126.6[a]). The CEQA Guidelines direct that the selection of alternatives be governed by “a rule of reason” (14 CCR 15126.6[a], [f]). As defined by the CEQA Guidelines, “The range of alternatives required in an EIR is governed by a ‘rule of reason’ that requires the EIR to set forth only those alternatives necessary to permit a reasoned choice. The alternatives shall be limited to ones that would avoid or substantially lessen any of the significant effects of the project. Of those alternatives, the EIR needs to examine in detail only the ones that the Lead Agency determines could feasibly attain most of the basic objectives of the project” (14 CCR 15126.6[f]). The Project objectives are set forth in DEIR Section 6.2. 6.1. Alternatives Considered and Rejected The CEQA Guidelines provide that this EIR should “identify any alternatives that were considered by the Lead Agency but were rejected as infeasible during the scoping process and briefly explain the reasons underlying the Lead Agency’s determination” (14 CCR 15126.6[c]). The following is a discussion of the proposed project alternatives developed during the scoping and planning process and the reasons they were not selected for detailed analysis in this EIR. With respect to the feasibility of potential alternatives to the proposed project, CEQA Guidelines § 15126.6(t)(l) states, “Among the factors that may be taken into account when addressing the feasibility of alternatives are site suitability, economic viability, availability of infrastructure, general plan consistency, other plans or regulatory limitations, jurisdictional boundaries . . . and whether the proponent can reasonably acquire, control or otherwise have access to the alternative site.” In determining an appropriate range of project alternatives to be evaluated in this EIR, a number of possible alternatives were initially considered and then rejected. Project alternatives were Page 79Page259 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 37 rejected because they could not accomplish the basic objectives of the proposed Project; they would not have resulted in a reduction of significant adverse environmental impacts; or they were considered infeasible to construct or operate. The following alternative has been rejected from further consideration: 6.2. Alternative Sites In the case of the Project, an alternative site is not considered applicable or feasible, as the Project Applicant does not own or control other undeveloped property of similar size and zoning within the City or in the immediate area. Further, construction of a project different in scope from the proposed Project would not meet the objectives that focus on development of warehousing facilities within the City of Rancho Cucamonga. For the above reasons, the Alternative Site Alternative was found to be infeasible and therefore was rejected from further consideration. 6.3. Alternatives Selected for Further Analysis The following alternatives were addressed in the DEIR: • The No Project Alternative • The Reduced Footprint Alternative No Project Alternative Consistent with CEQA Guidelines (Section 15126.6(e)(3)(b)), the No Project Alternative is defined as the “circumstance under which the project does not proceed.” Section 15126.6(e) of the CEQA Guidelines requires analysis of a No Project alternative that (1) discusses existing site conditions at the time the NOP is prepared or the EIR is commenced, and (2) analyzes what can reasonably be expected to occur in the foreseeable future based on current plans if the proposed Project were not approved. Under the No Project Alternative, the proposed Project would not be implemented and the site would remain undeveloped. Findings Regarding Environmental Impacts The Project would not result in any significant and unavoidable impacts; therefore, the No Project Alternative would not avoid or substantially lessen a significant and unavoidable impact. However, the No Project Alternative would avoid the Project’s less than significant impacts. Findings Regarding Project Objectives The No Project Alternative would not meet any of the Project objectives, would not realize any of the Project’s benefits resulting from the creation of employment opportunities in the City of Rancho Cucamonga to reduce the need for members of the local workforce to commute outside the area for employment and improve the jobs to housing balance. Page 80Page260 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 38 Overall Finding: The City adopts Finding 3. The City finds that specific economic, legal, social, technological, or other considerations make this alternative infeasible. Although the No Project Alternative would avoid the Project’s less than significant environmental impacts, this alternative would not meet any of the Project’s objectives. Supporting Evidence: Please see DEIR Pages 6-4 through 6-5. Reduced Footprint Alternative Under this alternative, the proposed Project would be reduced by approximately 2/3 of the overall square footage of each component. The warehouse would be reduced to 93,389 square feet in four separate units, 5,364 square feet of mezzanine storage, 5,364 square feet of office space (i.e., divided into four separate spaces, one for each storage unit) and a 203-square foot electrical room. The total building area would be 104,320 square feet. The highest point of the building would be 42 feet above ground level. These would be the architectural parapets on the building frontage. A total of 73 parking spaces would be provided. The warehouse building would be oriented east/west with vehicle access to office space fronting the building from Jersey Boulevard. Truck access to the loading docks located at the rear of the building would be provided from Milliken Avenue. The truck access driveway would be gated with security cameras and monitored to ensure no unauthorized entrance to the loading area. The Reduced Footprint Alternative would provide four warehouse storage units, each with three truck loading docks (i.e., 12 total docks). Water/sewer and other utilities (i.e., electrical, communication) would be provided via existing infrastructure located on-site or within the adjacent Milliken Avenue and Jersey Boulevard corridors. All other features of the Reduced Footprint Alternative would be similar to the proposed Project. Findings Regarding Environmental Impacts The Project would not result in any significant and unavoidable impacts; therefore, the Reduced Footprint Alternative would not avoid or substantially lessen a significant and unavoidable impact. Project-level mitigation measures are required to reduce potentially significant impacts to levels considered less than significant for the following environmental resources: biological resources (due to potential presence of Cooper’s Hawk, California horned lark, burrowing owl and other nesting bird species), cultural resources (due to the potential to encounter previously unrecorded subsurface cultural resources), and tribal cultural resources (due to the potential to encounter previously unknown tribal cultural resources). These potentially significant impacts are associated with construction activities, not operation of the Project. Both the Project and the Reduced Footprint Alternative would be required to comply with applicable regulations and would also implement the same mitigation measures required for the Project. The Reduced Project Alternative would disturb the same area as the proposed Project; however, the overall building footprint would be smaller. This would reduce the number of vehicles and trucks accessing the Project site daily. However, while the degree of impact would be incrementally less than the proposed Project for some issue areas, the impact determination Page 81Page261 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 39 under the proposed Project would be similar to the proposed Project for all topical areas addressed in the Draft EIR. Findings Regarding Project Objectives The discussion below addresses the ability of the Reduced Footprint Alternative to attain the Project objectives. 4. Ensure that development of the Project site is accomplished consistent with applicable goals and policies of the City of Rancho Cucamonga as set forth in the Rancho Cucamonga General Plan. The Reduced Footprint Alternative would disturb the same area as the proposed Project; however the overall building footprint would be smaller and would not develop the site at density envisioned in the Rancho Cucamonga General Plan. Therefore, while the Reduced Footprint Alternative meets the intent of this Project objective, it does not meet it to the same extent as the Project. 5. Develop a vacant and underutilized Project site. The Reduced Footprint Alternative would develop industrial/warehouse use on the Project site; however it would not maximize development of the underutilized Project site. While the Reduced Footprint Alternative meets the intent of this Project objective, it does not meet it to the same extent as the Project. 6. Contribute to the warehousing resources in the City of Rancho Cucamonga by constructing an operating a facility this designed consistent with contemporary industry standards for operational design criteria, can accommodate a wide variety of users and are economically competitive with similar industrial buildings in the local area and region. The Reduced Footprint Alternative would develop industrial/warehouse use on the Project site, thereby meeting the intent of the Project objective. However, because a smaller warehouse building would be constructed, compared to the proposed Project, the Reduced Footprint Alternative does not meet this objective to the same extent as the Project. 7. Create employment opportunities in the City of Rancho Cucamonga to reduce the need for members of the local workforce to commute outside the area for employment and improve the jobs to housing balance. The Reduced Footprint Alternative would generate more employment opportunities than what would be generated by a vacant lot; however, it would not achieve this objective to the same extent as the Project. 8. To develop a project with an architectural design and operational characteristics that complement other existing buildings in the immediate vicinity and minimize conflicts with other nearby land uses. The Reduced Footprint Alternative would not conflict with existing architecture or the operations of nearby uses and would achieve this objective. 9. To maximize industrial warehouse buildings in close proximity to an already- established industrial area, designated truck routes, and the State highway Page 82Page262 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 40 system in order to avoid or shorten truck-trip lengths on other roadways, and avoid locating industrial warehouse buildings in close proximity to residential uses. The Reduced Footprint Alternative would develop a smaller warehouse facility, compared to the proposed Project and would not maximize the amount of available industrial warehouse space, and therefore, would not meet this Project objective. 10. To develop a property that has access to available infrastructure, including roads and utilities to be used as part of the Southern California supply chain and goods movement network. The Reduced Footprint Alternative would develop industrial/warehouse use on the Project site that would utilize available infrastructure used as part of the Southern California supply chain and goods movement network. The Reduced Footprint Alternative would meet the intent of this objective, but not to the same extent as the Project relative to supporting goods movement in Southern California. Overall Finding: The City adopts Finding 3. The City finds that specific economic, legal, social, technological, or other considerations make this alternative infeasible. Although the No Project Alternative would avoid the Project’s less than significant environmental impacts, this alternative would not meet any of the Project’s objectives. Supporting Evidence: Please see DEIR Pages 6-6 through 6-8. Environmentally Superior Alternative Section 15126.6(e)(2) of the CEQA Guidelines requires that an environmentally superior alternative be designated and states that if the environmentally superior Alternative is the No Project Alternative, the EIR shall also identify an environmentally superior alternative among the other alternatives. Based on the summary of information presented in Section 6 of the DEIR, the environmentally superior Alternative is The No Project Alternative. Because the No Project Alternative would leave the Project site essentially unchanged and would not have the operational effects that would be associated with any of the alternatives, this Alternative has fewer environmental impacts than the proposed Project or any of the other alternatives. Section 15126.6(e)(2) of the State CEQA Guidelines states that if the “No Project” alternative is found to be environmentally superior, “the EIR shall also identify an environmentally superior alternative among the other alternatives.” Aside from the No Project Alternative, Alternative 2: Reduced Footprint Alternative would have the least environmental impacts because it would develop less of the Project area, result in a reduction of vehicle trips and would incrementally reduce impacts to resource areas. CEQA requires the identification of an environmentally superior alternative. As discussed above, the No Project/No Action Alternative, in which the proposed Project is not implemented, would result in no change from current conditions. However, Section 15126.6(e)(2) of the CEQA Guidelines states that, if the No Project Alternative is the environmentally superior alternative, Page 83Page263 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 41 then the EIR shall also identify an environmentally superior alternative among the other alternatives. Additional CEQA Considerations Significant and Unavoidable Environmental Impacts (DEIR Section 5.2) The potentially adverse effects of the proposed Project are discussed in Sections 4.1 through 4.10 of DEIR. Mitigation measures have been recommended that would avoid, reduce or minimize impacts. All the potential impacts associated with the proposed Project would be either less than significant or mitigated to less than significant. The proposed Project would not result in any significant unavoidable impacts. Irreversible Environmental Changes (DEIR Section 5.3) Both construction and operation of the proposed Project would lead to the consumption of limited, slowly renewable, and non-renewable resources, committing such resources to uses that future generations would be unable to reverse. The new development would require the commitment of resources that include: (1) building materials; (2) fuel and operational materials/resources; and (3) the transportation of goods and people to and from the new warehouse. Title 24 of the California Administrative Code regulates the amount of energy consumed by new development. Nevertheless, the consumption of such resources would represent a long-term commitment of those resources. The commitment of resources required for the construction and operation of the proposed Project would limit the availability of such resources for future generations or for other uses during the life of the proposed Project. However, continued use of such resources is consistent with the planned changes on the proposed Project site and within the general vicinity. Growth Inducing Impacts (DEIR Section 5.4) The proposed Project would not directly induce growth as it does not involve residential development. The proposed Project site has been designated for industrial/warehousing uses as identified in the City’s adopted General Plan. In addition, the proposed Project would not remove obstacles to regional growth and related development. The Project will generate approximately 111 new jobs. Of the total, approximately 86 percent, or 95 jobs, will be filled by employees residing outside the City of Rancho Cucamonga. The remaining 16 jobs will be filled by existing city residents. The addition of 111 new jobs would represent a 0.12 percent increase in total employment. The proposed Project may result in negligible population growth; however, the area is primarily built out. Any new residents would be expected to occupy existing housing units or those in the planning stage. Any new residents would not represent unplanned population growth in the community or result in economic growth that exceeds levels anticipated in plans adopted by the City. Therefore, no significant impacts related to growth inducement would occur. Page 84Page264 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 42 Although the proposed Project site is currently undeveloped, the surrounding area is fully developed with urban land uses (i.e., warehousing and light industrial). The Project would include connections to existing utilities and installation of on-site stormwater management improvements. Utilities and streets would not need to be extended to the Project site. The addition of 111 new jobs, would not induce growth associated with the construction of new house or commercial infrastructure to support the jobs. No significant impacts related to direct growth inducement would occur. SECTION 7. GENERAL CEQA FINDINGS The City hereby finds as follows: 1. The foregoing statements are true and correct; 2. The City is the “Lead Agency” for the Project evaluated in the CEQA Documents and independently reviewed and analyzed in the DEIR and FEIR for the Project; 3. The Notice of Preparation of the DEIR was circulated for public review. It requested that responsible agencies respond as to the scope and content of the environmental information germane to that agency’s specific responsibilities; 4. The public review period for the DEIR was for 30 days between July 2,2021 and August 3, 2021. The DEIR and appendices were available for public review during that time. A Notice of Completion and copies of the DEIR were sent to the State Clearinghouse, and notices of availability of the DEIR were published by the City. The DEIR was available for review on the City’s website. Physical copies of the environmental documents are available at the City of Rancho Cucamonga Planning Department. 5. The CEQA Documents were completed in compliance with CEQA; 6. The CEQA Documents reflect the City’s independent judgment; 7. The City evaluated comments on environmental issues received from persons who reviewed the DEIR. In accordance with CEQA, the City prepared written responses describing the disposition of significant environmental issues raised. The FEIR provided adequate, good faith and reasoned responses to the comments. The City reviewed the comments received and responses thereto and has determined that neither the comments received nor the responses to such comments add significant new information to the DEIR regarding adverse environmental impacts. The City has based its actions on full appraisal of all viewpoints, including all comments received up to the date of adoption of these Findings, concerning the environmental impacts identified and analyzed in the FEIR. 8. The City finds that the CEQA Documents, as amended, provide objective information to assist the decision-makers and the public at large in their consideration of the environmental consequences of the Project. The public review period provided all Page 85Page265 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 43 interested jurisdictions, agencies, private organizations, and individuals the opportunity to submit all comments made during the public review period; 9. The CEQA Documents evaluated the following impacts: (1) air quality; (2) biological resources; (3) cultural resources; (4) geology and soils; (5) greenhouse gas emissions; (6) hazards and hazardous materials; (7) hydrology and water quality; (8) noise; (9) transportation; and (10) tribal cultural resources. Additionally, the CEQA Documents considered, in separate sections, any potential significant irreversible environmental changes and growth-inducing impacts of the Project, as well as effects found not to be significant and a reasonable range of project alternatives. All of the significant environmental impacts of the Project were identified in the CEQA Documents; 10. The MMRP includes all of the mitigation measures identified in the CEQA Documents and has been designed to ensure compliance during implementation of the Project. The MMRP provides the steps necessary to ensure that the mitigation measures are fully enforceable; 11. The MMRP designates responsibility and anticipated timing for the implementation of mitigation; the City’s Community Development Director will serve as the MMRP Coordinator; 12. In determining whether the Project may have a significant impact on the environment, and in adopting these Findings pursuant to Section 21081 of CEQA, the City has complied with CEQA Sections 21081.5 and 21082.2; 13. The impacts of the Project have been analyzed to the extent feasible at the time of certification of the CEQA Documents; 14. The City made no decisions related to approval of the Project prior to the initial recommendation of certification of the CEQA Documents. The City also did not commit to a definite course of action with respect to the Project prior to the initial consideration of the CEQA Documents. 15. Copies of all the documents incorporated by reference in the CEQA Documents are and have been available upon request at all times at the offices of the City of Rancho Cucamonga Planning Department, the custodian of record for such documents or other materials; 16. The responses to the comments on the DEIR, which are contained in the FEIR, clarify and amplify the analysis in the DEIR; 17. Having reviewed the information contained in the CEQA Documents and in the administrative record, the City finds that there is no new significant information regarding adverse environmental impacts of the Project in the FEIR; and 18. Having received, reviewed and considered all information and documents in the CEQA Documents, as well as all other information in the record of proceedings on this matter, these Findings are hereby adopted by the City in its capacity as the CEQA Lead Agency. Page 86Page266 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 44 SECTION 8. FINDINGS REGARDING CIRCULATION The City finds that the DEIR does not require recirculation under CEQA (PRC § 21092.1 and CEQA Guidelines § 15088.5). CEQA Guidelines § 15088.5 requires recirculation of an EIR prior to certification of the FEIR when “significant new information is added to the EIR after public notice is given of the availability of the draft EIR for public review.” As described in CEQA Guidelines § 15088.5: New information added to an EIR is not “significant” unless the EIR is changed in a way that deprives the public of a meaningful opportunity to comment upon a substantial adverse environmental effect of the project or a feasible way to mitigate or avoid such an effect (including a feasible project alternative) that the project’s proponents have declined to implement. “Significant new information” requiring recirculation includes, for example, a disclosure showing that: 1. A new significant environmental impact would result from the project or from a new mitigation measure proposed to be implemented; 2. A substantial increase in the severity of an environmental impact would result unless mitigation measures are adopted that reduce the impact to a level of insignificance; 3. A feasible project alternative or mitigation measure considerably different from others previously analyzed would clearly lessen the significant environmental impacts of the project, but the project’s proponents decline to adopt it; 4. The DEIR was so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded. In addition, CEQA Guidelines § 15088.5(b) provides that “recirculation is not required where the new information added to the EIR merely clarifies and amplifies or makes insignificant modifications in an adequate EIR.” Recirculation also is not required simply because new information is added to the EIR — indeed, new information is oftentimes added given CEQA’s public/agency comment and response process and CEQA’s post-DEIR circulation requirement of proposed responses to comments submitted by public agencies. In short, recirculation is “intended to be an exception rather than the general rule.” (Laurel Heights Improvement Assn. v. Regents of University of California (1993) 6 Cal.4th 1112, 1132). As such, the City makes the following Findings: 1. None of the public comments submitted to the City regarding the DEIR present any significant new information that would require the DEIR to be recirculated for public review. 2. No new or modified mitigation measures are proposed that would have the potential to create new significant environmental impacts Page 87Page267 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 45 3. The DEIR adequately analyzed project alternatives and there are no feasible project alternatives or mitigation measures considerably different from others previously analyzed that would clearly lessen the significant environmental impacts of the project. 4. The DEIR was not fundamentally and basically inadequate and conclusory in nature and did not preclude meaningful public review and comment. In this legal context, the City finds that recirculation of the DEIR prior to certification is not required. In addition to providing responses to comments, the FEIR includes revisions to expand upon information presented in the DEIR; explain or enhance the evidentiary basis for the DEIR’s findings; update information; and to make clarifications, amplifications, updates, or helpful revisions to the DEIR. The FEIR’s revisions, clarifications and/or updates do not result in any new significant impacts or increase the severity of a previously identified significant impact. In sum, the FEIR demonstrates that the proposed Project would not result in any new significant impacts or increase the severity of a significant impact, as compared to the analysis presented in the DEIR. The changes reflected in the FEIR also do not indicate that meaningful public review of the DEIR was precluded in the first instance. Accordingly, recirculation of the EIR is not required as revisions to the EIR are not significant as defined in § 15088.5 of the CEQA Guidelines. SECTION 9. LEGAL EFFECTS OF FINDINGS To the extent that these Findings conclude that the proposed mitigation measures outlined in herein are feasible and have not been modified, superseded, or withdrawn, the City hereby commits to implementing these measures. These Findings, in other words, are not merely informational, but rather constitute a binding set of obligations that will come into effect when the City approves the proposed Project. The mitigation measures that are referenced herein and adopted concurrently with these Findings will be effectuated through the process of construction and implementation of the proposed Project. Page 88Page268 FINAL Jersey Industrial Complex Project Environmental Impact Report Mitigation Monitoring and Reporting Program SCH No. 2021060608 Prepared for: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, California 91730 Contact: Vincent Acuna Prepared by: Birdseye Planning Group, LLC P.O.Box 1956, Vista, CA 92085 Contact: Ryan Birdseye January 2022 Page 89Page269 This page intentionally left blank. Page 90Page270 TABLE OF CONTENTS Jersey Industrial Complex Project Findings of Fact January 2022 i TABLE OF CONTENTS Section Page SECTION 1. Authority ................................................................................................................. 1 SECTION 2. Monitoring Schedule ............................................................................................. 1 SECTION 3. Support Documentation ........................................................................................ 2 SECTION 4. Format of Mitigation Monitoring Matrix ............................................................... 2 LIST OF TABLES Table 1-1 Mitigation Monitoring and Reporting Program ................................................. 3 Page 91Page271 TABLE OF CONTENTS Jersey Industrial Complex Project Findings of Fact January 2022 ii This page intentionally left blank. Page 92Page272 MMRP Jersey Industrial Complex Project Final EIR January 2022 1 MITIGATION MONITORING AND REPORTING PROGRAM SECTION 1. Authority This environmental Mitigation Monitoring and Reporting Program (Program) has been prepared pursuant to §21081.6 of the California Environmental Quality Act (CEQA) (Public Resources Code §21000 et seq.), and CEQA Guidelines (14 Cal. Code Regs. §15000 et seq.) §§15091(d) and 15097, to ensure implementation of and provide for the monitoring of mitigation measures required of the Jersey Industrial Complex Project (Project), as set forth in the Final Environmental Impact Report (FEIR) prepared for the Project. This report will be kept on file in the offices of the CEQA Lead Agency, the City of Rancho Cucamonga (City). The EIR addresses the potential environmental impacts of the Project, and, where appropriate, recommends mitigation measures to avoid or substantially lessen significant environmental impacts. The Program detailed in the matrix table below is designed to monitor and ensure implementation of all mitigation measures that are adopted for the Project. The City is the Lead Agency for the Project and assumes ultimate enforcement responsibilities for implementation of all mitigation measures listed in this Program. The City may assign responsibility for implementation or monitoring to appropriate designees such as a construction manager or third-party monitor. However, as the Lead Agency, the City remains responsible for ensuring that implementation of the mitigation measures occurs in accordance with this Program. In some cases, the City is required to secure permits or approvals from third-party agencies in order to implement a mitigation measure. In these cases, the City is responsible for verifying that such permits or approvals have been obtained in accordance with the conditions stipulated in the mitigation measure. The City’s existing planning, engineering, operations, and procurement review and inspection processes will be used as the basic foundation for the Program procedures and will also serve to provide the documentation for the reporting program. SECTION 2. Monitoring Schedule Prior to construction, while detailed design plans are being prepared by City staff or its agents, City staff will be responsible for ensuring compliance with mitigation monitoring applicable to the Project construction, development, and design phases. Once construction has begun and is underway, monitoring of the mitigation measures associated with construction will be included in the responsibilities of City staff, who shall prepare or cause to be prepared periodic monitoring reports, as appropriate. Regulatory agencies will have to harmonize CEQA mitigation with regulatory permit conditions and monitoring/reporting as part of the regulatory permitting process and will likely require submittal of formal monitoring reports. Once construction has been completed, the City will monitor the Project as specified in the mitigation measures. Page 93Page273 MMRP Jersey Industrial Complex Project Final EIR January 2022 2 SECTION 3. Support Documentation Findings and related documentation supporting the findings involving modifications to mitigation measures shall be maintained in the Project file with the Program and shall be made available to the public upon request. SECTION 4. Format of Mitigation Monitoring Matrix The mitigation monitoring matrix on the following pages identifies the environmental issue areas for which monitoring is required, the required mitigation measures, the time frame for monitoring, and the responsible implementing and monitoring agencies. Page 94Page274 MMRP Jersey Industrial Complex Project Final EIR January 2022 3 TABLE 1-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Responsible for Monitoring Timing of Verification Method of Verification Verified Date/initials AIR QUALITY AQ-1: Condition project to overlap architectural coating phase with the building phase by approximately 44 total workdays to avoid exceeding the daily ROG standard. Prior to issuance of a building permit, the Applicant shall submit a detailed construction schedule to the City of Rancho Cucamonga which demonstrates that the architectural coating phase will overlap with the building phase by a minimum of 44 days. City of Rancho Cucamonga Prior to issuance of building permits Plan check BIOLOGICAL RESOURCES BIO-1: Pursuant to the Migratory Bird Treaty Act (MBTA) and Fish and Game Code, removal of any trees, shrubs, or any other potential nesting habitat should be conducted outside the avian nesting season. The nesting season extends from February 1 through August 31 but can vary slightly from year to year based upon seasonal weather conditions. If ground disturbance and vegetation removal cannot occur outside of the nesting season, a pre-construction clearance survey for nesting birds, shall be conducted by a qualified biologist within three (3) days of the start of any ground disturbing activities to ensure that no nesting birds will be disturbed during construction. If an active avian nest is discovered during the pre-construction clearance survey, construction activities can commence thereafter provided activities are able to maintain a 300-foot buffer around the active nest. For raptors and special-status species, this buffer will be expanded to 500 feet. A biological monitor shall be present during construction activities within the buffer area. to delineate the boundaries of the buffers and to monitor the active nest to ensure that nesting behavior is not adversely affected by the construction activity. If the biologist determines that bird breeding activity is being disrupted, the Project Applicant shall stop work, notify the City and coordinate with the USFWS and CDFW to agree upon an avoidance/minimization approach. City of Rancho Cucamonga Prior to grading permit and/or construction permit issuance; during grading, excavation and construction activities, upon completion of monitoring activities, and prior to final engineering inspection. On-site inspection, separate submittal Page 95Page275 MMRP Jersey Industrial Complex Project Final EIR January 2022 4 TABLE 1-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Responsible for Monitoring Timing of Verification Method of Verification Verified Date/initials Upon agreement of the avoidance/ minimization approach, work may resume subject to the revisions and continued monitoring. If burrowing owls are detected on-site during the clearance survey, in conformance with the California Staff Report’s protocols, no ground- disturbing activities will be permitted within 656 feet of an occupied burrow during the breeding season (February 1 to August 31), unless otherwise authorized by CDFW. Once the qualified biologist has determined the young have fledged and left the nest of any birds within the buffer area(s), or the nest otherwise becomes inactive under natural conditions, normal construction activities can occur. Reporting. If no active nests are found during the pre-construction clearance survey, the Project Applicant shall submit to the City of Rancho Cucamonga a brief letter report prepared by the biologist that documents the negative survey results. The letter report shall also indicate that no impacts to active avian nests will occur. If active nests were found, the Project Applicant shall submit a final bird survey monitoring report prepared by the project biologist to the City, the USFWS and CDFW. The report shall include documentation of all bird surveys, monitoring activities, coordination efforts with the wildlife agencies, as-built construction drawings with an overlay of any active nests in the survey areas, photographs of habitat areas during pre-construction and post-construction conditions, and other relevant summary information documenting that authorized impacts were not exceeded and that general compliance was achieved for the avoidance/minimization provisions and the biological monitoring program required by the wildlife agencies. Page 96Page276 MMRP Jersey Industrial Complex Project Final EIR January 2022 5 TABLE 1-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Responsible for Monitoring Timing of Verification Method of Verification Verified Date/initials CULTURAL RESOURCES CUL-1: In the event that cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60-foot buffer) shall cease and a qualified archaeologist meeting Secretary of Interior standards shall be hired to assess the find. Work on the other portions of the Project outside of the buffered area may continue during this assessment period. Additionally, the SMBMI Cultural Resources Department shall be contacted, as detailed within TCR-1, regarding any pre-contact and/or historic-era finds and be provided information after the archaeologist makes his/her initial assessment of the nature of the find, so as to provide Tribal input with regards to significance and treatment. City of Rancho Cucamonga Prior to issuance of grading permit/during grading and construction Plan check, separate submittal CUL-2: If significant pre-contact and/or historic-era cultural resources, as defined by CEQA (as amended, 2015), are discovered and avoidance cannot be ensured, the archaeologist shall develop a Monitoring and Treatment Plan, the drafts of which shall be provided to SMBMI for review and comment, as detailed within TCR-1. The archaeologist shall monitor the remainder of the Project and implement the Plan accordingly. City of Rancho Cucamonga During grading and construction On-site inspection, separate submittal CUL-3: If human remains or funerary objects are encountered during any activities associated with the Project, work in the immediate vicinity (within a 100-foot buffer of the find) shall cease and the County Coroner shall be contacted pursuant to State Health and Safety Code §7050.5 and that code enforced for the duration of the Project. If the human remains are determined to be prehistoric, the coroner will notify the Native American Heritage Commission, which will determine and notify a Most Likely Descendant. The Most Likely Descendant shall complete the inspection of the site within 48 hours of notification and may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. City of Rancho Cucamonga Prior to issuance of grading permit/during grading and construction Plan check, separate submittal Page 97Page277 MMRP Jersey Industrial Complex Project Final EIR January 2022 6 TABLE 1-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Responsible for Monitoring Timing of Verification Method of Verification Verified Date/initials TRIBAL CULTURAL RESOURCES TCR-1: The SMBMI Cultural Resources Department shall be contacted, as detailed in Mitigation Measure CUL-1, of any pre-contact and/or historic-era cultural resources discovered during project implementation and be provided information regarding the nature of the find, so as to provide Tribal input with regards to significance and treatment. Should the find be deemed significant, as defined by CEQA (as amended, 2015), a cultural resource Monitoring and Treatment Plan shall be created by the archaeologist, in coordination with SMBMI, and all subsequent finds shall be subject to this Plan. This Plan shall allow for a monitor to be present that represents SMBMI for the remainder of the Project, should SMBMI elect to place a monitor on-site. City of Rancho Cucamonga Prior to issuance of grading permit/during grading and construction Plan check, separate submittal TCR-2: Any and all archaeological/cultural documents created as a part of the Project (isolate records, site records, survey reports, testing reports, etc.) shall be supplied to the applicant and Lead Agency for dissemination to SMBMI. The Lead Agency and/or applicant shall, in good faith, consult with SMBMI throughout the life of the Project. City of Rancho Cucamonga During grading and construction Separate submittal TCR-3: The Project Applicant shall be required to retain and compensate for the services of a Tribal monitor/consultant who is both approved by the Gabrieleño Band of Mission Indians-Kizh Nation Tribal Government and is listed under the NAHC’s Tribal Contact list for the area of the Project location. This list is provided by the NAHC. The monitor/consultant will only be present on-site during the construction phases that involve ground disturbing activities. Ground disturbing activities are defined by the Gabrieleño Band of Mission Indians-Kizh Nation as activities that may include, but are not limited to, pavement removal, pot-holing or auguring, grubbing, tree removals, boring, grading, excavation, drilling, and trenching, within the Project area. The Tribal Monitor/consultant will complete daily monitoring logs that will provide descriptions of the day’s activities, including construction activities, locations, soil, and any cultural materials identified. The on-site monitoring shall end when the Project site grading and City of Rancho Cucamonga Prior to issuance of grading permit/during grading and construction On-site inspection, other agency permit/approval Page 98Page278 MMRP Jersey Industrial Complex Project Final EIR January 2022 7 TABLE 1-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Responsible for Monitoring Timing of Verification Method of Verification Verified Date/initials excavation activities are completed, or when the Tribal Representatives and monitor/consultant have indicated that the site has a low potential for impacting Tribal Cultural Resources. TCR-4: Upon discovery of any archaeological resources, cease construction activities in the immediate vicinity of the find until the find can be assessed. All archaeological resources unearthed by project construction activities shall be evaluated by the qualified archaeologist and tribal monitor/consultant approved by the Gabrieleño Band of Mission Indians-Kizh Nation. If the resources are Native American in origin, the Gabrieleño Band of Mission Indians-Kizh Nation shall coordinate with the landowner regarding treatment and curation of these resources. Typically, the Tribe will request reburial or preservation for educational purposes. Work may continue on other parts of the Project while evaluation and, if necessary, mitigation takes place (CEQA Guidelines Section15064.5 [f]). If a resource is determined by the qualified archaeologist to constitute a “historical resource” or “unique archaeological resource”, time allotment and funding sufficient to allow for implementation of avoidance measures, or appropriate mitigation, must be available. The treatment plan established for the resources shall be in accordance with CEQA Guidelines Section 15064.5(f) for historical resources. City of Rancho Cucamonga During grading and construction On-site inspection, other agency permit/approval TCR-5: Preservation in place (i.e., avoidance) is the preferred manner of treatment. If preservation in place is not feasible, treatment may include implementation of archaeological data recovery excavations to remove the resource along with subsequent laboratory processing and analysis. Any historic archaeological material that is not Native American in origin shall be curated at a public, non-profit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material, they shall be offered to a local school or historical society in the area for educational purposes. City of Rancho Cucamonga During grading and construction Onsite inspection, other agency permit/approval Page 99Page279 MMRP Jersey Industrial Complex Project Final EIR January 2022 8 TABLE 1-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Responsible for Monitoring Timing of Verification Method of Verification Verified Date/initials TCR-6: Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in PRC 5097.98, are also to be treated according to this statute. Health and Safety Code 7050.5 dictates that any discoveries of human skeletal material shall be immediately reported to the County Coroner and excavation halted until the coroner has determined the nature of the remains. If the coroner recognizes the human remains to be those of a Native American or has reason to believe that they are those of a Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission (NAHC) and PRC 5097.98 shall be followed. City of Rancho Cucamonga During grading and construction On-site inspection, other agency permit/approval Page 100Page280 RESOLUTION NO. 22-002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DESIGN REVIEW DRC2019-00766, A REQUEST TO CONSTRUCT A 159,580 SQUARE- FOOT INDUSTRIAL/WAREHOUSE BUILDING ON A VACANT 7.39- ACRE PARCEL WITHIN THE INDUSTRIAL EMPLOYMENT (IE) DISTRICT, LOCATED AT THE NORTHWEST CORNER OF JERSEY BOULEVARD AND MILLIKEN AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0229-111-60 A.Recitals. 1. The applicant, 11298 JERSEY BLVD, LLC, filed an application for Design Review DRC2019-00766, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Design Review is referred to as "the application." 2. On February 9, 2022, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the application and concluded said hearing on that date. 3.All legal prerequisites prior to the adoption of this Resolution have occurred. B.Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1.This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2.Based upon the substantial evidence presented to the Planning Commission during the above-referenced public hearing on February 9, 2022, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a.The application applies to property located within the City; and b.The application applies to an approximately 7.39-acre rectangular piece of land within the Industrial Employment (IE) District, located at the northwest corner of Jersey Boulevard and Milliken Avenue; and c.The land use, General Plan Designation, and Zoning Designation for the subject property and surrounding area is shown on the table below; and Land Use General Plan Zoning Site Vacant Neo Industrial Employment Industrial Employment (IE) District North Industrial/Warehouse Buildings Neo Industrial Employment Neo Industrial (NI) District Exhibit J Page 101Page281 PLANNING COMMISSION RESOLUTION NO.22-002 DESIGN REVIEW DRC2019-00766– 11298 JERSEY BLVD, LLC February 9, 2022 Page 2 South Fire Station and Training Center Neo Industrial Employment Industrial Employment (IE) District East Industrial/Warehouse Building Neo Industrial Employment Industrial Employment (IE) District West Industrial/Warehouse Building Neo Industrial Employment Industrial Employment (IE) District d. The proposed project consists of the construction of a 159,580 square-foot warehouse/distribution building and ancillary on-site improvements; and e. The project complies with all pertinent development standards related to building height, site coverage, front/rear setbacks, parking; and f. The project complies with the landscaping requirements as prescribed in the Development Code; and 3. Based upon the substantial evidence presented to this Commission during the above referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed project is consistent with the objectives of the General Plan. The site is located within land designated as Neo Industrial Employment, which permits primarily light industrial and low impact uses such as incubator spaces and small warehouses that are context sensitive to the surrounding neighborhood. The project consists of a 159,580 square-foot warehouse/distribution building surrounded by existing industrial uses. All site improvements, including parking and landscaped areas, are designed to be consistent with the warehouse/distribution use and are consistent with the Industrial Employment land use as designated in the General Plan. b. The proposed use is in accord with the objectives of the Development Code and the purposes of the district in which the site is located. The Development Code designates the project site as an Industrial Employment (IE) District. The proposed warehouse/distribution building for the site is consistent with the land use intent of the Industrial Employment (IE) District. The zoning of the adjacent sites to the property are within the Industrial Employment (IE) District and Neo Industrial (NI) District and consist mainly of industrial buildings. The overall design of the new building is similar in scale and intensity to neighboring lots. The height of the proposed building is 45 feet and does not exceed the maximum height allowed for other industrial buildings in the Industrial Employment (IE) District. The Floor Area Ratio (FAR) of the entire site at buildout is 0.5 and will be generally consistent with other industrial properties in the area. c. The proposed use is in compliance with each of the applicable provisions of the Development Code. The building is designed for warehouse/distribution operations. The building meets all setbacks, floor area ratio, height, and landscaping requirements. The building has been designed to meet the City’s architectural standards. The project meets the minimum parking, loading, and access requirements. Page 102Page282 PLANNING COMMISSION RESOLUTION NO.22-002 DESIGN REVIEW DRC2019-00766– 11298 JERSEY BLVD, LLC February 9, 2022 Page 3 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 site is surrounded by industrial/warehouse facilities of a similar scale and intensity. Furthermore, the proposed building is substantially surrounded by existing buildings. Operations on the site are expected to meet all Development Code standards regarding noise and odor. 4. The Project was environmentally reviewed pursuant to the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the City’s Local CEQA Guidelines. The City determined that an EIR would 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. 22-001, the Planning Commission 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. 22-001 is incorporated herein by reference, and made a part hereof as if fully set forth herein. The documents and other materials that constitute the record on which this determination was made are located in the Planning Department and are in the custody of the Planning Director. Further, the mitigation measures set forth therein are made applicable to the Project. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3 and 4 above, this Commission hereby approves the application subject to each and every condition set forth in the attached Conditions of Approval. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF FEBRUARY 2022. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Bryan Dopp, Chairman ATTEST: Matthew R. Burris, AICP, LEED, AP, Secretary I, Matthew R. Burris, AICP, LEED, AP, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 9th day of February 2022, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: Page 103Page283 PLANNING COMMISSION RESOLUTION NO.22-002 DESIGN REVIEW DRC2019-00766– 11298 JERSEY BLVD, LLC February 9, 2022 Page 4 ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Page 104Page284 Planning Department Statement of Agreement and Acceptance of Conditions of Approval for Design Review DRC2019-00766 I, Hannibal Petrossi, as applicant for Design Review DRC2019-00766 hereby state that I am in agreement with and accept the conditions of approval for Design Review DRC2019-00766, for property located at the northwest corner of Jersey Boulevard and Milliken Avenue, APN: 0229- 111-60, Rancho Cucamonga, California, as adopted by the Planning Commission of the City of Rancho Cucamonga on February 9, 2022 and as listed below and attached. Applicant Signature____________________________ Date ______________________________ Conditions of Approval 1.The applicant shall sign the Statement of Agreement and Acceptance of Conditions of Approval provided by the Planning Department. The signed Statement of Agreement and Acceptance of Conditions of Approval shall be returned to the Planning Department prior to the submittal of grading/construction plans for plan check, request for a business license, and/or commencement of the approved activity. 2.All conditions of approval attached to Resolution of Approval No. 22-002 for Design Review DRC2019-00766 and Resolution of Approval No. 22-001 for the Environmental Impact Report and Mitigation Monitoring Program. Exhibit M Page 105Page285 Conditions of Approval Community Development Department Project #: DRC2019-00766 Project Name: EDR - Jersey and Milliken Warehouse Location: -- - 022911160-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions Building plans shall demonstrate that all walls comply with wall height requirements, as outlined in RCMC Chapter 17.48. 1. Photometric plans submitted during building plan check shall comply with the City's outdoor and site lighting standards, as outlined in RCMC Sec. 17.58.050. 2. Design Review DRC2019-00766 is for the approval of a 159,580 square-foot industrial/warehouse building, subdivided into four (4) suites. Any modifications to the square footage of the overall building, size of suites, or the number of suites shall require Planning Department review and approval. 3. Developer shall provide all prospective tenants a disclosure stating that fire and smoke are to be expected to be visible from the subject property, as the property is located across from a City fire training center. A draft copy of this disclosure shall be provided to the Planning Department for review, prior to the issuance of building permits. 4. Standard Conditions of Approval All roof appurtenances, including air conditioners and other roof mounted equipment and/or projections shall be screened from all sides and the sound shall be buffered from adjacent properties and streets as required by the Planning Department. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Planning Director. Any roof-mounted mechanical equipment and/or ductwork, that projects vertically more than 18 inches above the roof or roof parapet, shall be screened by an architecturally designed enclosure which exhibits a permanent nature with the building design and is detailed consistent with the building. Any roof-mounted mechanical equipment and/or ductwork, that projects vertically less than 18 inches above the roof or roof parapet shall be painted consistent with the color scheme of the building. Details shall be included in building plans. 5. The applicant shall sign the Statement of Agreement and Acceptance of Conditions of Approval provided by the Planning Department. The signed Statement of Agreement and Acceptance of Conditions of Approval shall be returned to the Planning Department prior to the submittal of grading/construction plans for plan check, request for a business license, and/or commencement of the approved activity. 6. www.CityofRC.us Printed: 2/1/2022 Exhibit L Page 106Page286 Project #: DRC2019-00766 Project Name: EDR - Jersey and Milliken Warehouse Location: -- - 022911160-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 7. Copies of the signed Planning Commission Resolution of Approval or Approval Letter, Conditions of Approval, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 8. The applicant shall be required to pay California Department of Fish and Wildlife Notice of Determination & Environmental Impact Report fee in the amount of $3,495.25. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to public hearing. 9. Any approval shall expire if Building Permits are not issued or approved use has not commenced within 2 years from the date of approval or a time extension has been granted. 10. This project is subject to public art requirement outlined in Chapter 17.124 of the Development Code. Prior to the issuance of building permits (for grading or construction), the applicant shall inform the Planning Department of their choice to install public art, donate art or select the in-lieu option as outlined in 17.124.020.D. If the project developer chooses to pay the in-lieu fee, the in-lieu art fee will be invoiced on the building permit by the City and shall be paid by the applicant prior to building permit issuance. If the project developer chooses to install art, they shall submit, during the plan check process, an application for the art work that will be installed on the project site that contains information applicable to the art work in addition to any other information as may be required by the City to adequately evaluate the proposed the art work in accordance with the requirements of Chapter 17.124. If the project developer chooses to donate art, applications for art work donated to the City shall be subject to review by the Public Art Committee which shall make a recommendation whether the proposed donation is consistent with Chapter 17.124 and final acceptance by the City Council. No final approval, such as a final inspection or the a issuance of a Certificate of Occupancy, for any development project (or if a multi-phased project, the final phase of a development project) that is subject to this requirement shall occur unless the public art requirement has been fulfilled to the satisfaction of the Planning Department. 11. www.CityofRC.us Page 2 of 16Printed: 2/1/2022 Page 107Page287 Project #: DRC2019-00766 Project Name: EDR - Jersey and Milliken Warehouse Location: -- - 022911160-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval A detailed landscape and irrigation plan, including slope planting and model home landscaping in the case of residential development, shall be prepared by a licensed landscape architect and submitted for Planning Director review and approval prior to the issuance of Building Permits for the development or prior final map approval in the case of a custom lot subdivision. For development occurring in the Very High Fire Hazard Severity Zone, the landscape plans will also be reviewed by Fire Construction Services. 12. Landscaping and irrigation systems required to be installed within the public right -of-way on the perimeter of this project area shall be continuously maintained by the developer. 13. A minimum of 20 percent of trees planted within industrial projects, and a minimum of 30 percent within commercial and office projects, shall be specimen size trees - 24-inch box or larger. 14. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking stalls.15. The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included in the required landscape plans and shall be subject to Planning Director review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Services Department. 16. Tree maintenance criteria shall be developed and submitted for Planning Director review and approval prior to issuance of Building Permits. These criteria shall encourage the natural growth characteristics of the selected tree species. 17. Trees shall be planted in areas of public view adjacent to and along structures at a rate of one tree per 30 linear feet of building. 18. All walls shall be provided with decorative treatment. If located in public maintenance areas, the design shall be coordinated with the Engineering Services Department. 19. Landscaping and irrigation shall be designed to conserve water through the principles of water efficient landscaping per Development Code Chapter 17.82. 20. All parking lot landscape islands shall have a minimum outside dimension of 6 feet.21. All parking spaces shall be double striped per City standards and all driveway aisles, entrances, and exits shall be striped per City standards. 22. The signs indicated on the submitted plans are conceptual only and not a part of this approval. Any signs proposed for this development shall comply with the Sign Ordinance and shall require separate application and approval by the Planning Department prior to installation of any signs. 23. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community, Specific Plans and /or Master Plans in effect at the time of Building Permit issuance. 24. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination and in conformance with Building and Safety Services Department standards, the Municipal Code and the Rancho Cucamonga Fire Department (RCFD) Standards. 25. www.CityofRC.us Page 3 of 16Printed: 2/1/2022 Page 108Page288 Project #: DRC2019-00766 Project Name: EDR - Jersey and Milliken Warehouse Location: -- - 022911160-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval The site shall be developed and maintained in accordance with the approved plans which include Site Plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Department, the conditions contained herein, and the Development Code regulations. 26. Downspouts shall not be visible from the exterior of any elevations of the buildings. All downspouts shall be routed through the interior of the building walls. 27. All ground-mounted utility appurtenances such as transformers, AC condensers, etc ., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Director. For single -family residential developments, transformers shall be placed in underground vaults. 28. All parkways, open areas, and landscaping shall be permanently maintained by the property owner, homeowners' association, or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for Planning Director and Engineering Services Department review and approved prior to the issuance of Building Permits. 29. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved by the Planning Director and Police Department (909-477-2800 ) prior to the issuance of Building Permits . Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. 30. Occupancy of the facilities shall not commence until such time as all California Building Code and State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Services Department to show compliance. The buildings shall be inspected for compliance and final acceptance granted prior to occupancy. 31. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 32. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the Planning Director. 33. Trash receptacle (s) are required and shall meet City standards. The final design, locations, and the number of trash receptacles shall be subject to Planning Director review and approval prior to the issuance of Building Permits. 34. Engineering Services Department Please be advised of the following Special Conditions Any existing public improvements that are damaged or substandard such as sidewalks, driveways, curb & gutters, asphalt, etc, shall be removed and replaced to the current City Standards. 1. www.CityofRC.us Page 4 of 16Printed: 2/1/2022 Page 109Page289 Project #: DRC2019-00766 Project Name: EDR - Jersey and Milliken Warehouse Location: -- - 022911160-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Please be advised of the following Special Conditions Developer shall limit vehicular access of the east driveway along Jersey Blvd to passenger cars only. All truck access along Jersey Blvd shall be right -in, right-out only at the west driveway along this frontage . Provide a driveway design to include an island median and all signing and striping to be reviewed during the plan check process. 2. Rail Spurs: The City has a strong interest in creating urban trails that increase connectivity between neighborhoods, workplaces, and other destinations. To that end, General Plan Policy CS -6.3 provides: “Continue to incorporate, where feasible, regional and community trails along utility corridors and drainage channels.” Further, the City supports the eventual closure and abandonment of railroad spurs to avoid unnecessary crossings. A north /south railroad spur currently owned by the BNSF Railway (“BNSF”) is located on portions of APNs 0229-111-15 and 0209-145-11 (the “Rail Spur”), immediately west of the subject property (APN 0229-111-60). Although the applicant does not currently own the Rail Spur, the City believes that BNSF may convey some or all of the Rail Spur to the applicant or a subsequent owner of the subject property when the Rail Spur is no longer necessary for BNSF ’s operations. If BNSF conveys some or all of the Rail Spur and the fee interest in the underlying real property immediately adjacent to the subject property to the applicant or a subsequent owner, then the applicant or subsequent owner shall make an irrevocable offer to dedicate such real property to the City for use as a public trail. The applicant shall record a covenant against the subject property that implements the terms of this condition. 3. Standard Conditions of Approval Easements for public sidewalks placed outside the public right-of-way shall be dedicated to the City.4. Corner property line cutoffs shall be dedicated per City Standards.5. A final drainage study shall be submitted to and approved by the City Engineer prior to final map approval or the issuance of Building Permits, whichever occurs first. All drainage facilities shall be installed as required by the City Engineer. 6. ** CD Information Required Prior to Sign-Off for Building Permit Prior to the issuance of building permits, if valuation is greater or equal to $100,000, a Diversion Deposit and a related administrative fee shall be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 65% of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the City. Applicant must identify if they are self -hauling or utilizing Burrtec prior to issuance of a building permit. Proof of diversion must be submitted to the Environmental Engineering Division within 60 days following the completion of the construction and / or demolition project. Contact Marissa Ostos, Environmental Engineering, at (909) 774-4062 for more information. Instructions and forms are available at the City's website, www .cityofrc.us, under City Hall / Engineering / Environmental Programs / Construction & Demolition Diversion Program. 7. www.CityofRC.us Page 5 of 16Printed: 2/1/2022 Page 110Page290 Project #: DRC2019-00766 Project Name: EDR - Jersey and Milliken Warehouse Location: -- - 022911160-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval Add the following note to any private landscape plans that show street trees: “All improvements within the public right-of-way, including street trees, shall be installed per the public improvement plans .” If there is a discrepancy between the public and private plans, the street improvement plans will govern. 8. Construct the following perimeter street improvements including, but not limited to: Curb & Gutter A.C. Pvmt Side-walk Drive Appr. Street Lights etc. Notes: (a) Pavement reconstruction and overlays will be determined during plan check. 9. Pursuant to Municipal Code Section 16.37.010, no person shall make connections from a source of energy, fuel or power to any building or structure which is regulated by technical codes and for which a permit is required unless, in addition to any and all other codes, regulations and ordinances, all improvements required by these conditions of development approval have been completed and accepted by the City Council, except: that in developments containing more than one building, structure or unit, the development may have energy connections made in equal proportion to the percentage of completion of all improvements required by these conditions of development approval, as determined by the City Engineer, provided that reasonable, safe and maintainable access to the property exists. In no case shall more than 95 percent of the buildings, structures or units be connected to energy sources prior to completion and acceptance of all improvements required by these conditions of development approval. 10. Improvement Plans and Construction: a. Street improvement plans, including street trees shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public street improvements, prior to the issuance of Building Permits. b. Prior to any work being performed in public right -of-way, fees shall be paid and a construction permit shall be obtained from the Engineering Services Department in addition to any other permits required. c. Pavement striping, marking, and traffic signing shall be installed to the satisfaction of the City Engineer. d. Existing City roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Street or lane closure permits are required. A cash deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. e. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be installed to City Standards, except for single-family residential lots. 11. www.CityofRC.us Page 6 of 16Printed: 2/1/2022 Page 111Page291 Project #: DRC2019-00766 Project Name: EDR - Jersey and Milliken Warehouse Location: -- - 022911160-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval Install street trees per City street tree design guidelines and standards as follows. The completed legend (box below) and construction notes shall appear on the title page of the street improvement plans. Street improvement plans shall include a line item within the construction legend stating: “Street trees shall be installed per the notes and legend on Sheet ___ (typically Sheet 1).” Where public landscape plans are required, tree installation in those areas shall be per the public landscape improvement plans. Street Name Botanical Name Common Name Min. Grow Space Spacing Size Qty. Construction Notes for Street Trees: 1) All street trees are to be planted in accordance with City standard plans. 2) Prior to the commencement of any planting, an agronomic soils report shall be furnished to the City inspector. Any unusual toxicities or nutrient deficiencies may require backfill soil amendments, as determined by the City inspector. 3) All street trees are subject to inspection and acceptance by the Engineering Services Department. Street trees are to be planted per public improvement plans only. 12. Intersection line of sight designs shall be reviewed by the City Engineer for conformance with adopted policy. On collector or larger streets, lines of sight shall be plotted for all project intersections, including driveways. Local residential street intersections and commercial or industrial driveways may have lines of sight plotted as required. 13. All public improvements (interior streets, drainage facilities, community trails, paseos, landscaped areas, etc.) shown on the plans and /or tentative map shall be constructed to City Standards. Interior street improvements shall include, but are not limited to, curb and gutter, AC pavement, drive approaches, sidewalks, street lights, and street trees. 14. Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in accordance with the City's street tree program. 15. A signed consent and waiver form to join and /or form the appropriate Landscape and Lighting Districts shall be filed with the Engineering Services Department prior to issuance of Building Permits . Formation costs shall be borne by the developer. 16. Developer shall execute a Line Extension Agreement for electric service and shall construct electrical distribution facilities in accordance with such agreement and shall construct electrical distribution facilities in accordance with such agreement and Rancho Cucamonga Municipal Utility requirements and dedicate such facilities to the Rancho Cucamonga Municipal Utility. The Rancho Cucamonga Municipal Utility shall be the electrical service provider for all project related development. 17. www.CityofRC.us Page 7 of 16Printed: 2/1/2022 Page 112Page292 Project #: DRC2019-00766 Project Name: EDR - Jersey and Milliken Warehouse Location: -- - 022911160-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval Water and sewer plans shall be designed and constructed to meet the requirements of the Cucamonga Valley Water District (CVWD), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CVWD is required prior to final map approval or issuance of permits, whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. 18. The separate parcels contained within the project boundaries shall be legally combined into one parcel prior to issuance of Building Permits. 19. Fire Prevention / New Construction Unit Standard Conditions of Approval Locking and latching hardware for access doors is required to be operable from the exterior of the building and is required to be single action latch/lock release on the interior of the building. 1. Access doors are required to be identified in accordance with Fire District Standard 5-5. The Standard has been uploaded to the Documents section. 2. Access doors are required to be distributed along the exterior of the building such that the lineal distance between adjacent access doors does not exceed 125 feet measured center to center. 3. Required alarm systems and supervision systems are required to be in accordance with Fire District Standard 9-3. The Standard has been uploaded to the Documents section. 4. Plans for the alarm and /or supervision (monitoring) system are required to be submitted separately and issued a separate permit. Submit all plans to the Building & Safety Department for routing to the Fire District. 5. Plans for the egress lighting are required to be submitted separately and issued a separate permit . Submit all plans to the Building & Safety Department for routing to the Fire District. 6. Plans for high piled combustible storage are required to be submitted separately and issued a separate permit. Submit all plans to the Building & Safety Department for routing to the Fire District. 7. Plans for the private, onsite fire underground water infrastructure are required to be submitted separately and issued a separate permit. Submit all plans to the Building & Safety Department for routing to the Fire District. 8. Plans for the public, offsite fire underground water infrastructure are required to be submitted separately and issued a separate permit. Plans are required to be submitted prior to or concurrently with the submittal of the Water District mylars. Submit all plans to the Building & Safety Department for routing to the Fire District. 9. Plans for the racks used for high piled combustible storage are required to be submitted separately and issued a separate permit. Submit all plans to the Building & Safety Department for routing to the Fire District. 10. Plans for the sprinkler system are required to be submitted separately and issued a separate permit . Submit all plans to the Building & Safety Department for routing to the Fire District. 11. www.CityofRC.us Page 8 of 16Printed: 2/1/2022 Page 113Page293 Project #: DRC2019-00766 Project Name: EDR - Jersey and Milliken Warehouse Location: -- - 022911160-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Fire Prevention / New Construction Unit Standard Conditions of Approval Exterior doors and doors providing access to fire protection and life safety systems and equipment are required to have identification signage in accordance with Fire District Standard 5-5. The Standard has been uploaded to the Documents section. 12. The location, size, construction materials, or other features of this building and the associated project are such that adequate emergency responder radio coverage may not be achievable within the building that is proposed. It is highly recommended that a radio signal strength assessment is completed by San Bernardino County Information Services Department (ISD). Please contact Tim Trager with County ISD at 909-388-5563 or ttrager@isd.sbcounty.gov Upon substantial completion and final completion of construction, the fire code official will oversee a radio signal strength test that is in accordance with the California Fire Code. If acceptable radio coverage cannot be achieved after construction is completed, equipment necessary to increase the radio signal strength or otherwise allow adequate emergency responder radio communication will be required to be installed. 13. Designated and conforming aerial apparatus access is required in accordance with Fire District Standard 5-1. Show aerial apparatus access on the fire access plan. The Standard has been uploaded to the Documents section. 14. Fire apparatus access (fire lane) design, construction, and identification are required to be in accordance with Fire District Standard 5-1. The Standard has been uploaded to the Documents section. 15. Fire extinguishers are required in accordance with Section 906 of the California Fire Code. Consult with the Fire Inspector for the correct type, size, and exact installation locations. 16. Fire flow information for this project is obtained from the Cucamonga Valley Water District (CVWD). CVWD can be reached at 909-944-6000 or custserv@cvwdwater.com. 17. Fire flow is required to be in accordance with Appendix B of the California Fire Code. The Fire District has adopted the appendix without local amendments. Proof of the availability of the required fire flow must be provided to the Fire District in the form of a letter or written report dated within the past 12 months. 18. Fire sprinkler are required to be installed in accordance with Fire District Standard 9-5. The Standard has been uploaded to the Documents section. 19. Gates installed across a commercial /industrial emergency vehicle access road (fire lane) are required to be in accordance with Standard 5-4. The Standard has been uploaded to the Documents section. 20. A Knox Box key box is required in accordance with Fire District Standard 5-9. Additional boxes may be required depending on the size of the building, the location of fire protection and life safety system controls, and the operational needs of the Fire District. The Standard has been uploaded to the Documents section. If an installed Knox Box is available to this project or business, keys for the building/suite/unit are required to be provided to the Fire Inspector at the final inspection. 21. www.CityofRC.us Page 9 of 16Printed: 2/1/2022 Page 114Page294 Project #: DRC2019-00766 Project Name: EDR - Jersey and Milliken Warehouse Location: -- - 022911160-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Fire Prevention / New Construction Unit Standard Conditions of Approval Coordinate landscaping with the roof access ladder points and address signage. Landscaping cannot obstruct roof access or clear visibility of address signage from time of installation to maturity of the shrubs and trees. 22. A fire service site plan is required in accordance with Fire District Standard 5-11. The Standard has been uploaded to the Documents section. 23. Roof access is required to be in accordance with Fire District Standard 5-6. The Standard has been uploaded to the Documents section. 24. Street address and unit /suite signage for commercial and industrial buildings are required to be in accordance with Fire District Standard 5-8. The Standard has been uploaded to the Documents section. 25. Identification of fire protection systems and components, fire alarm systems and components, and equipment and devices associated with fire and life safety systems is required to be in accordance with Fire District Standards 5-5 and 5-10. The Standards have been uploaded to the Documents section. 26. Fire apparatus access roads (fire lanes) can be included in an engineered onsite storm water retention plan. The ponding of storm water shall not exceed a designed depth of four (4) inches in the designated fire apparatus access road (s) and the area between the fire apparatus access road (s) and the exterior walls of all normally occupied buildings. 27. Public and private fire service water mains, public and private hydrants, water control valves, fire sprinkler risers, fire department connections (FDCs), and other fire protection water related devices and equipment are required to be provided, designed, and installed in accordance with Fire District Standard 5-10. The Standard has been uploaded to the Documents section. 28. Building and Safety Services Department Please be advised of the following Special Conditions When the Entitlement Review is approved submit complete construction drawings including structural calculations and T-24 energy calcualtions to Building and Safety for plan review in accordance with the current edition of the California Building and Fire Codes including all local ordinances and standards . The new structure is required to be equipped with automatic fire sprinklers. A soils report is required for new structures. Disabled access to the site and building must be provided in accordance to the State of California published thresholds at the time of plan check submittal 1. Grading Section Please be advised of the following Special Conditions Prior to issuance of a wall permit, a copy of the Grading Special Conditions of Approval shall be included within the engineered wall plans and calculations. 1. Standard Conditions of Approval www.CityofRC.us Page 10 of 16Printed: 2/1/2022 Page 115Page295 Project #: DRC2019-00766 Project Name: EDR - Jersey and Milliken Warehouse Location: -- - 022911160-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval Grading of the subject property shall be in accordance with current adopted California Building Code and/or the California Residential Code, City Grading Standards, and accepted grading practices. The Grading and Drainage Plan (s) shall be in substantial conformance with the approved conceptual Grading and Drainage Plan. 2. A soils report shall be prepared by a qualified Engineer licensed by the State of California to perform such work. Two copies will be provided at grading and drainage plan submittal for review. Plans shall implement design recommendations per said report. 3. The final Grading and Drainage Plan, appropriate certifications and compaction reports shall be completed, submitted, and approved by the City Engineer, or designee, prior to the issuance of building permits. 4. A separate Grading and Drainage Plan check submittal is required for all new construction projects and for existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The Grading and Drainage Plan shall be prepared, stamped, and wet signed by a California licensed Civil Engineer prior to the issuance of a grading or building permit. 5. The applicant shall comply with the City of Rancho Cucamonga Dust Control Measures and place a dust control sign on the project site prior to the issuance of a grading permit. All dust control sign (s) shall be located outside of the public right of way. 6. If a Rough Grading and Drainage Plan /Permit are submitted to the Engineering Services for review, the rough grading plan shall be a separate plan submittal and permit from Precise Grading and Drainage Plan/Permit. 7. Prior to the issuance of a grading permit the applicant shall obtain written permission from the adjacent property owner(s) to construct wall(s) on property line(s) or provide a detail(s) showing the perimeter wall(s) to be constructed offset from the property line. 8. Prior to issuance of a grading permit the Final Grading and Drainage Plan shall show the accessibility path from the public right of way and the accessibility parking stalls to the building doors in conformance with the current adopted California Building Code. All accessibility ramps shall show sufficient detail including gradients, elevations, and dimensions and comply with the current adopted California Building Code. 9. The Grading and Drainage Plan shall implement City Standards for on -site construction where possible, and shall provide details for all work not covered by City Standard Drawings. 10. Prior to issuance of a grading permit, the grading and drainage plan shall show the maximum parking stall gradient at 5 percent. Accessibility parking stall grades shall be constructed per the, current adopted California Building Code. 11. This project shall comply with the accessibility requirements of the current adopted California Building Code. 12. www.CityofRC.us Page 11 of 16Printed: 2/1/2022 Page 116Page296 Project #: DRC2019-00766 Project Name: EDR - Jersey and Milliken Warehouse Location: -- - 022911160-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval Grading Inspections: a) Prior to the start of grading operations the owner and grading contractor shall request a pre -grading meeting. The meeting shall be attended by the project owner /representative, the grading contractor and the Building Inspector to discuss about grading requirements and preventive measures, etc. If a pre-grading meeting is not held within 24 hours from the start of grading operations, the grading permit may be subject to suspension by the Building Inspector; b) The grading contractor shall call into the City of Rancho Cucamonga Building and Safety Department at least 1 working day in advance to request the following grading inspections prior to continuing grading operations: i)The bottom of the over-excavation; ii)Completion of Rough Grading, prior to issuance of the building permit; iii)At the completion of Rough Grading, the grading contractor or owner shall submit to the Permit Technicians (Building and Safety Front Counter) an original and a copy of the Pad Certifications to be prepared by and properly wet signed and sealed by the Civil Engineer and Soils Engineer of Record; iv) The rough grading certificates and the compaction reports will be reviewed by the Associate Engineer or a designated person and approved prior to the issuance of a building permit. 13. Prior to issuance of a grading or building permit, the permitted grading plan (or architectural site plan ) set shall show in each of the typical sections and the plan view show how the separations between the building exterior and exterior ground surface meet the requirements of Sections CBC 1804.3/CRC R401.3, CBC2304.11.2.2/CRC R317.1(2) and CBC2512.1.2/CRC R703.6.2.1 of the current adopted California Building Code/Residential Code. 14. Prior to issuance of a grading permit, the applicant shall obtain a signed and notarized letter from the adjacent property owner(s) for ALL work proposed on the adjacent property. The letter shall be scanned and pasted onto the permitted grading plan set. The letter shall show on either the title sheet or a detail sheet of the grading and drainage plan set. 15. Prior to approval of the project -specific storm water quality management plan, the applicant shall submit to the City Engineer, or his designee, a precise grading plan showing the location and elevations of existing topographical features, and showing the location and proposed elevations of proposed structures and drainage of the site. 16. A drainage study showing a 100-year, AMC 3 design storm event for on -site drainage shall be prepared and submitted to the City Engineer, or his designee for review and approval for on -site storm water drainage prior to issuance of a grading permit. The report shall contain water surface profile gradient calculations for all storm drain pipes 12-inches and larger in diameter. All reports shall be wet signed and sealed by the Engineer of Record. In addition, the project specific drainage study shall provide inlet calculations showing the proper sizing of the water quality management plan storm water flows into the proposed structural storm water treatment devices. 17. Roof water is not permitted to flow over the public parkway and shall be directed to an under parkway culvert per City of Rancho Cucamonga requirements prior to issuance of a grading permit. 18. Private sewer, water, and storm drain improvements will be designed per the latest adopted California Plumbing Code. Private storm drain improvements shall be shown on the grading and drainage plan. 19. www.CityofRC.us Page 12 of 16Printed: 2/1/2022 Page 117Page297 Project #: DRC2019-00766 Project Name: EDR - Jersey and Milliken Warehouse Location: -- - 022911160-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval Prior to the issuance of the Certificate of Occupancy or final sign off by the Building Inspector the engineer of record shall certify the functionality of the storm water quality management plan (WQMP) storm water treatment devices and best management practices (BMP). 20. Prior to approval of the Water Quality Management Plan (WQMP), the WQMP shall include a copy of the project Conditions of Approval. 21. Prior to the issuance of a Grading Permit the City of Rancho Cucamonga ’s “Memorandum of Agreement of Storm Water Quality Management Plan” shall be submitted for review and approval by the City Engineer, or his designee, and recorded with the County Recorder’s Office. 22. Prior to issuance of a Grading Permit the applicant shall obtain a Waste Discharge Identification Number (WDID). The WDID number shall also be shown on the WQMP Site and Drainage Plan document. 23. The applicant shall provide a copy of a completed EPA Form 7520-16 (Inventory of Injection Wells) for each underground infiltration device, with the Facility ID Number assigned, to the City Engineer, or his designee, prior to issuance of the Grading Permit and /or approval of the project -specific Water Quality Management Plan. A copy of EPA Form 7520-16 shall be scanned and pasted onto the permitted grading plan set, and a copy of said form shall be included in the project -specific Water Quality Management Plan. 24. The land owner shall provide an inspection report by a qualified person /company on a biennial basis for the Class V Injection Wells /underground infiltration chambers to the City of Rancho Cucamonga Environmental Program Manager. The land owner shall maintain on a regular basis all best management practices (BMP”s) as described in the Storm Water Quality Management Plan (WQMP) prepared for the subject project. All costs associated with the underground infiltration chamber are the responsibility of the land owner. 25. The land owner shall provide an inspection report on a biennial basis for the structural storm water treatment devices, commonly referred to as BMPs, to the City of Rancho Cucamonga Environmental Program Manager. The land owner shall maintain on a regular basis as described in the Storm Water Quality Management Plan prepared for the subject project. All costs associated with the underground infiltration chamber are the responsibility of the land owner. 26. The land/property owner shall follow the inspection and maintenance requirements of the approved project specific Water Quality Management Plan and shall provide a copy of the inspection reports on a biennial basis to the City of Rancho Cucamonga Environmental Program Manager. 27. A final project-specific Storm Water Quality Management Plan (WQMP) shall be approved by the City Engineer, or his designee, and the City of Rancho Cucamonga ’s “Memorandum of Storm Water Quality Management Plan” shall be recorded prior to the issuance of a grading permit or any building permit. 28. The Site and Drainage Plan in the final project -specific Water Quality Management Plan shall show the locations of all roof downspout drains. if required for storm water quality purposes, the downspouts shall include filters. 29. www.CityofRC.us Page 13 of 16Printed: 2/1/2022 Page 118Page298 Project #: DRC2019-00766 Project Name: EDR - Jersey and Milliken Warehouse Location: -- - 022911160-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval Prior to the issuance of a building permit or Engineering Services Department issued right of way permit, the applicant shall submit to the City Engineer, or his designee, a final project specific water quality management plan for review and approval, and shall have said document recorded with the San Bernardino County Recorder's Office. 30. Prior to the start of landscaping operations, the landscape architect and the landscape contractor shall provide a sample of the weed fabric barrier to the Project Planner, City of Rancho Cucamonga Planning Department. The weed barrier shall be permeable. 31. The final project-specific water quality management plan (WQMP) shall include executed maintenance agreements along with the maintenance guidelines for all proprietary structural storm water treatment devices (BMP’s). In the event the applicant cannot get the proprietary device maintenance agreements executed prior to issuance of a grading permit, the applicant is required to submit a letter to be included within the WQMP document, and scanned and pasted onto the Site and Drainage Plan which states that prior to issuance of a certificate of occupancy with applicant shall enter into a contract for the maintenance of the proprietary storm water treatment device. If the proprietary storm water treatment device is part of a residential subdivision, prior to the sale of the residential lot, the developer shall include maintenance agreement (s) as part of the sale of the residential lot to the buyer. A copy of the maintenance agreements to be included in the sale of the property shall be included within the WQMP document. 32. Prior to issuance of a grading permit and approval of the project specific water quality management plan all private storm water catch basin inlets shall include insert filters to capture those pollutants of concern as addressed in the in the final project -specific water quality management plan (WQMP). At a minimum catch basin insert filters to capture trash and other floating debris. All catch basin insert filters shall be maintained on a regular basis as described in the “Inspection and Maintenance Responsibility for Post Construction BMP” section of the final project-specific water quality management plan. 33. Prior to issuance of a grading permit the Final Project -Specific Water Quality Management Plan shall include a completed copy of “Worksheet H: Factor of Safety and Design Infiltration Worksheet” located in Appendix D “Section VII – Infiltration Rate Evaluation Protocol and Factor of Safety Recommendations, …” of the San Bernardino County Technical Guidance Document for Water Quality Management Plans. The infiltration study shall include the Soil Engineer ’s recommendations for Appendix D, Table VII.3: Suitability Assessment Related Considerations for Infiltration Facility Safety Factors”. 34. Prior to approval of the final project -specific water quality management plan the applicant shall have a soils engineer prepare a project -specific infiltration study for the project for the purposes of storm water quality treatment. The infiltration study and recommendations shall follow the guidelines in the current adopted “San Bernardino County Technical Guidance Document for Water Quality Management Plans”. 35. www.CityofRC.us Page 14 of 16Printed: 2/1/2022 Page 119Page299 Project #: DRC2019-00766 Project Name: EDR - Jersey and Milliken Warehouse Location: -- - 022911160-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval GROUND WATER PROTECTION: Prior to approval of the final project specific water quality management plan (WQMP), the WQMP document shall meet the requirements of the State Water Resources Control Board Order No . R8-2010-0036 (NPDES No. CAS 618036), the San Bernardino County Municipal Separate Storm Sewers Separation (MS4) Permit reads: Section XI.D(Water Quality Management Plan Requirements).8(Groundwater Protection): Treatment Control BMPs utilizing infiltration [exclusive of incidental infiltration and BMPs not designed to primarily function as infiltration devices (such as grassy swales, detention basins, vegetated buffer strips, constructed wetlands, etc.)] must comply with the following minimum requirements to protect groundwater: a.Use of structural infiltration treatment BMPs shall not cause or contribute to an exceedance of ground water quality objectives. b.Source control and pollution prevention control BMPs shall be implemented to protect groundwater quality. The need for pre-treatment BMPs such as sedimentation or filtration should be evaluated prior to infiltration. c.Adequate pretreatment of runoff prior to infiltration shall be required in gas stations and large commercial parking lots. (NOTE: The State Water Quality Control Board defines a large commercial parking lot as ‘100,000 sq. ft. or more of commercial development to include parking lot (with 100 or more vehicle traffics ), OR, by means of 5,000sqft or more of allowable space designated for parking purposes’). d.Unless adequate pre -treatment of runoff is provided prior to infiltration structural infiltration treatment BMPs must not be used for areas of industrial or light industrial activity{77}, areas subject to high vehicular traffic (25,000 or more daily traffic ); car washes; fleet storage areas; nurseries; or any other high threat to water quality land uses or activities. e.Class V injection wells or dry wells must not be placed in areas subject to vehicular{78} repair or maintenance activities{79}, such as an auto body repair shop, automotive repair shop, new and used car dealership, specialty repair shop (e.g., transmission and muffler repair shop) or any facility that does any vehicular repair work. f.Structural infiltration BMP treatment shall not be used at sites that are known to have soil and groundwater contamination. g.Structural infiltration treatment BMPs shall be located at least 100 feet horizontally from any water supply wells. h.The vertical distance from the bottom of any infiltration structural treatment BMP to the historic high groundwater mark shall be at least 10-feet. Where the groundwater basins do not support beneficial uses, this vertical distance criteria may be reduced, provided groundwater quality is maintained. i.Structural infiltration treatment BMPs shall not cause a nuisance or pollution as defined in Water Code Section 13050. 36. www.CityofRC.us Page 15 of 16Printed: 2/1/2022 Page 120Page300 Project #: DRC2019-00766 Project Name: EDR - Jersey and Milliken Warehouse Location: -- - 022911160-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval NONRESIDENTIAL MANDATORY MEASURES – CALIFORNIA GREEN BUILDING STANDARDS CODE – Prior to the issuance of any building permit the applicant shall comply with Section 5.106.10 (Grading and paving) of the current adopted California Green Building Standards Code: Construction plans shall indicate how site grading or a drainage system will manage all surface water flows to keep water from entering buildings. Examples of methods to manage surface water include, but are not limited to, the following: 1.Swales. 2.Water collection and disposal systems. 3.French drains. 4.Water retention gardens. 5.Other water measures which keep surface water away from buildings and aid in groundwater recharge. Exception: Additions and alterations not altering the drainage path. 37. The applicant shall provide a grading agreement and grading bond for all cut and fill combined exceeding 5,000 cubic yards prior to issuance of a grading permit. The grading agreement and bond shall be approved by the City Engineer, or designee. 38. (Grd.100) Prior to issuance of a grading permit the applicant shall show on the site plan and the permitted grading plan set for non -residential projects the designated parking for clean air vehicles per the current adopted California Green Building Standards Code, section 5.106.5.2. 39. (Grd.017) Prior to issuance of a grading permit the precise grading and drainage plan shall follow the format provided in the City of Rancho Cucamonga handout “Information for Grading Plans and Permit”. 40. (Grd.101) Prior to issuance of a grading permit for non -residential projects the applicant shall show on the electrical plans and the permitted grading plan set the location for a future installation of an Electric Vehicle (EV) charging station/parking area per the current adopted California Green Building Standards Code, section 5.106.5.3. 41. www.CityofRC.us Page 16 of 16Printed: 2/1/2022 Page 121Page301 Page 302 Page 303 Page 304 Page 305 Page 306 Page 307 Page 308 Via Email and Overnight Mail February 17, 2022 Chair Oaxaca Vice Chair Dopp Commissioner Guglielmo Commissioner Morales Commissioner Williams Planning Commission Attn: Elizabeth Thornhill, Executive Assistant City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Elizabeth.Thornhill@cityofrc.us Janice Reynolds, City Clerk City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 City.clerk@cityofrc.us Re: Appeal of Decision of the Planning Commission to Approve Design Review DRC2019-00766 for the Jersey Boulevard Industrial Complex Project Dear Chair Oaxaca, Vice Chair Dopp, Honorable Commissioners, Ms. Reynolds, and Ms. Thornhill: I am writing on behalf of the Supporters Alliance for Environmental Responsibility (“SAFER”) and its members living and/or working in or around the City of Rancho Cucamonga (“City”) regarding the Planning Commission’s decisions of February 9, 2022 to approve Design Review DRC2019-00590 for the Jersey Boulevard Industrial Complex Project, a 159,580 square foot warehouse/storage building located at Milliken Avenue and Jersey Boulevard (“Project”), and to adopt the Environmental Impact Report (“EIR”) prepared for the Project. This appeal is filed pursuant to Municipal Code section 17.14.070, is timely filed within 10 days of the Planning Commission’s decision, and is accompanied by the required filing fee of $3,279. The reasons for the appeal are set forth in the attached letter, which was submitted to the Planning Commission prior to its decision. Sincerely, Victoria Yundt LOZEAU DRURY LLP Page 309 Via E-Mail February 8, 2022 Chair Oaxaca Vice Chair Dopp Commissioner Guglielmo Commissioner Morales Commissioner Williams Planning Commission Attn: Elizabeth Thornhill, Executive Assistant City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Elizabeth.Thornhill@cityofrc.us Janice Reynolds, City Clerk City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 City.clerk@cityofrc.us Vincent Acuna, Associate Planner Planning Department City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 vicent.acuna@cityofrc.us RE: Comment on the Final Environmental Impact Report for the Jersey Boulevard Industrial Complex Project (SCH No. 2021060608) Dear Chair Oaxaca, Vice Chair Dopp, Honorable Commissioners, Ms. Reynolds, Ms. Thornhill, and Mr. Acuna: I am writing on behalf of the Supporters Alliance for Environmental Responsibility (“SAFER”), a California nonprofit benefit corporation, including their members that live and work in and around Rancho Cucamonga regarding the Environmental Impact Report (“EIR”) prepared for the Jersey Boulevard Industrial Complex Project (“Project”) located at the northwest corner of Milliken Avenue and Jersey Boulevard (APN 0229-111-60-0-000) located in the City of Rancho Cucamonga (“City”). After reviewing the EIR, we conclude that it fails to analyze all environmental impacts and implement all necessary mitigation measures. SAFER respectfully requests that the City withdraw the Final EIR (“FEIR”) and instead prepare a revised draft environmental impact report (“RDEIR”) and recirculate the RDEIR prior to considering approvals for the Project. Page 310 Comment re: Jersey Industrial Complex Project EIR February 8, 2022 Page 2 of 11 These comments have been prepared with the assistance of wildlife biologist Shawn Smallwood, Ph.D., and environmental consulting firm Soil/Water/Air Protection Enterprise (“SWAPE”). Dr. Smallwood’s comment and curriculum vitae are attached as Exhibit A hereto and are incorporated herein by reference and entirety. SWAPE’s comment and curriculum vitae are attached as Exhibit B hereto and are incorporated herein by reference in their entirety. I. PROJECT DESCRIPTION The Project proposes to construct a 159,580 square foot warehouse/storage building, composed of 143,014 square feet of storage in four separate units, 8,127 square feet of mezzanine storage, 8,127 square feet of office space (i.e., divided into four separate spaces, one for each storage unit), and a 312 square foot electrical room, and 98 parking spaces, on a 7.39- acre site at the northwest corner of Milliken Avenue and Jersey Boulevard. The building would be oriented east/west with vehicle access to office space fronting the building from Jersey Boulevard. Truck access to the loading docks located at the rear of the building would be provided from Milliken Avenue. In 2019, the Project applicant submitted an application package for Design Review (DR) associated with the construction and operation of the new warehouse building proposed for the northwest corner of Jersey Boulevard and Milliken Avenue in the City of Rancho Cucamonga. A total of 98 parking spaces would be provided. As part of the Design Review (DRC2019-00766) process, an Initial Study and related technical reports were submitted to the City of Rancho Cucamonga to facilitate compliance with the California Environmental Quality Act (CEQA). The Initial Study and related technical reports were circulated for public review from April 13, 2021, to May 12, 2021 (SCH# 2021040209). Based on comments received addressing Greenhouse Gas emission calculations and the Vehicle Miles Traveled (VMT) analysis, the City determined that an EIR is required based on the Project’s potential to create short-term, long- term, and cumulative impacts. The EIR addresses only those environmental topical areas that could be significantly impacted by the Project based on information presented in the 2021 CEQA Initial Study Checklist. Implementation of the proposed Project requires approval of an EIR. II. LEGAL STANDARD CEQA requires that an agency analyze the potential environmental impacts of its proposed actions in an EIR (except in certain limited circumstances). (See, e.g., Pub. Res. Code [“PRC”] § 21100.) The EIR is the very heart of CEQA. (Dunn-Edwards v. BAAQMD (1992) 9 Cal.App.4th 644, 652.) “The ‘foremost principle’ in interpreting CEQA is that the Legislature intended the act to be read so as to afford the fullest possible protection to the environment within the reasonable scope of the statutory language.” (Communities for a Better Environment v. Calif. Resources Agency (2002) 103 Cal.App.4th 98, 109.) CEQA has two primary purposes. First, CEQA is designed to inform decision makers and the public about the potential, significant environmental effects of a project. (14 Cal. Code Regs. [“CCR”] § 15002(a)(1) [CEQA Guidelines].) “Its purpose is to inform the public and its responsible officials of the environmental consequences of their decisions before they are made. Thus, the EIR ‘protects not only the environment but also informed self-government.’” (Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal.3d 553, 564.) The EIR has been described as “an environmental ‘alarm bell’ whose purpose it is to alert the public and its Page 311 Comment re: Jersey Industrial Complex Project EIR February 8, 2022 Page 3 of 11 responsible officials to environmental changes before they have reached ecological points of no return.” (Berkeley Keep Jets Over the Bay v. Bd. of Port Comm’rs. (2001) 91 Cal.App.4th 1344, 1354 (“Berkeley Jets”); County of Inyo v. Yorty (1973) 32 Cal.App.3d 795, 810.) Second, CEQA requires public agencies to avoid or reduce environmental damage when “feasible” by requiring “environmentally superior” alternatives and all feasible mitigation measures. (14 CCR § 15002(a)(2) & (3); see also, Berkeley Jets, 91 Cal.App.4th at 1344, 1354; Citizens of Goleta Valley, 52 Cal.3d at 564.) The EIR serves to provide agencies and the public with information about the environmental impacts of a proposed project and to “identify ways that environmental damage can be avoided or significantly reduced.” (14 CCR § 15002(a)(2).) If the project will have a significant effect on the environment, the agency may approve the project only if it finds that it has “eliminated or substantially lessened all significant effects on the environment where feasible” and that any unavoidable significant effects on the environment are “acceptable due to overriding concerns.” (PRC § 21081; 14 CCR § 15092(b)(2)(A) & (B).) The lead agency may deem a particular impact to be insignificant only if it produces rigorous analysis and concrete substantial evidence justifying the finding. (Kings County Farm Bureau v. City of Hanford (1990) 221 Cal.App.3d 692, 732.) While the courts review an EIR using an “abuse of discretion” standard, “the reviewing court is not to ‘uncritically rely on every study or analysis presented by a project proponent in support of its position. A clearly inadequate or unsupported study is entitled to no judicial deference.’” (Berkeley Jets, 91 Cal.App.4th at 1355 [quoting Laurel Heights Improvement Assn. v. Regents of University of California (1988) 47 Cal.3d 376, 391, 409, fn.12].) As the court stated in Berkeley Jets: A prejudicial abuse of discretion occurs “if the failure to include relevant information precludes informed decisionmaking and informed public participation, thereby thwarting the statutory goals of the EIR process.” (Id. at 1355 [citing San Joaquin Raptor/Wildlife Rescue Center v. County of Stanislaus (1994) 27 Cal.App.4th 713, 722; Galante Vineyards v. Monterey Peninsula Water Management Dist. (1997) 60 Cal.App.4th 1109, 1117; County of Amador v. El Dorado County Water Agency (1999) 76 Cal. App. 4th 931, 946].) More recently, the California Supreme Court has emphasized that: When reviewing whether a discussion is sufficient to satisfy CEQA, a court must be satisfied that the EIR (1) includes sufficient detail to enable those who did not participate in its preparation to understand and to consider meaningfully the issues the proposed project raises [citation omitted], and (2) makes a reasonable effort to substantively connect a project's air quality impacts to likely health consequences. (Sierra Club v. Cty. of Fresno (2018) 6 Cal.5th 502, 510 [citing Laurel Heights Improvement Assn. v. Regents of University of California (1988) 47 Cal.3d 376, 405].) “Whether or not the alleged inadequacy is the complete omission of a required discussion or a patentl y inadequate one-paragraph discussion devoid of analysis, the reviewing court must decide whether the EIR serves its purpose as an informational document.” (Sierra Club v. Cty. of Fresno, 6 Cal.5th at 516.) Although an agency has discretion to decide the manner of discussing potentially significant effects in an EIR, “a reviewing court must determine whether the discussion of a Page 312 Comment re: Jersey Industrial Complex Project EIR February 8, 2022 Page 4 of 11 potentially significant effect is sufficient or insufficient, i.e., whether the EIR comports with its intended function of including ‘detail sufficient to enable those who did not participate in its preparation to understand and to consider meaningfully the issues raised by the proposed project.’” (Id. [citing Bakersfield Citizens for Local Control v. City of Bakersfield (2004) 124 Cal.App.4th 1184, 1197.]) “The determination whether a discussion is sufficient is not solely a matter of discerning whether there is substantial evidence to support the agency’s factual conclusions.” (Id.) Whether a discussion of a potential impact is sufficient “presents a mixed question of law and fact. As such, it is generally subject to independent review. However, underlying factual determinations—including, for example, an agency’s decision as to which methodologies to employ for analyzing an environmental effect—may warrant deference.” (Id.) As the Court emphasized: [W]hether a description of an environmental impact is insufficient because it lacks analysis or omits the magnitude of the impact is not a substantial evidence question. A conclusory discussion of an environmental impact that an EIR deems significant can be determined by a court to be inadequate as an informational document without reference to substantial evidence. (Id. at 514.) III. DISCUSSION A. The EIR Fails to Establish an Accurate Baseline for Sensitive Biological Resources and Fails to Disclose and Properly Mitigate Impacts of the Project on Numerous Sensitive Species. Wildlife biologist Dr. Shawn Smallwood, Ph.D., concludes that the Project may have significant impacts on several special-status species and non-special status species. A RDEIR is required to mitigate these impacts. Dr. Smallwood’s conclusions were informed by wildlife biologist Noriko Smallwood’s site visit in June 2021. (See, Ex. A, pp. 1-13.) Ms. Smallwood visited the site of the proposed Project on Dr. Smallwood’s behalf for nearly 2 hours from 06:26 to 08:16 hours on June 16, 2021. (Id.) Dr. Smallwood’s expert comments and curriculum vitae are attached hereto as Exhibit A. 1. The EIR fails to establish an accurate baseline for sensitive biological resources. The DEIR and FEIR rely on the Habitat Assessment at Appendix C, which states that “[b]ased on habitat requirements for specific species and the availability and quality of on-site habitats, it was determined that the proposed project site has a low potential to support Cooper’s hawk [] and California horned lark []. All remaining special-status wildlife species are presumed to be absent from the project site due to lack of quality habitat.” (DEIR, Appx. C, p. 7; see also DEIR, p. 4-38.) However, the DEIR adopts this conclusion by relyin g on a single habitat survey conducted on the site on May 14, 2020, during which no special-status species were observed on-site. (Id.) Dr. Smallwood points out numerous flaws with the DEIR’s biological assessment. First, according to Dr. Smallwood, “[t]he reporting of the site survey did not include the most basic information that a wildlife ecologist would need for assessing whether the survey Page 313 Comment re: Jersey Industrial Complex Project EIR February 8, 2022 Page 5 of 11 truly met due diligence standards.” (Ex. A, p. 6.) As such, “[a] much more rigorous survey and reporting effort is warranted.” (Id.) Second, the DEIR improperly concluded that “the Project site and surrounding areas provide limited foraging and nesting habitat for year-round and seasonal birds and migrating songbirds,” because “[n]o active nests or birds displaying nesting behavior were observed during the field investigation.” (DEIR, p. 4-38.) However, “Noriko, on the other hand, photographed a juvenile black phoebe,” (Ex. A, p. 10 [citing p. 5, Photo 8]), “observed mourning doves copulating on the project site where the doves had a nest, and observed a northern mockingbird defending its territory against common ravens, one of which also exhibited behaviors typical of nesting.” (Id., p. 10.) According to Dr. Smallwood, the Habitat Assessment’s “failure to detect signs of avian nesting is inexplicable, other than the possibility that [the surveyor] ELMT spent very little time to survey the site.” (Id.; see also id., p. 14.) Third, the DEIR asserts that the Project plans to improperly rely on a future preconstruction survey to determine “the presence/absence of burrowing owl” on the Project site. (DEIR, p. 4-39.) However, such an “assertion is misleading because preconstruction surveys are not performed for the purpose of determining presence or absence [of] a species.” (Ex. A, p. 10.) As Dr. Smallwood explains: Preconstruction surveys are performed solely for the purpose of avoiding take of plants or animals that are readily detectable and collectable just prior to construction grading. To determine presence or absence of a species, detection surveys designed for this purpose must be implemented. In the case of burrowing owl, the CDFW (2012) survey protocol would need to be implemented. A preconstruction survey cannot serve as a surrogate or substitute for detection surveys, and City of Rancho Cucamonga should not characterize them as such. (Id., p. 10.) Fourth, neither the DEIR nor the Habitat Assessment make use of the available data on wildlife observations in the area. (Ex. A, pp. 10-14; see also DEIR, Appx. C, p. 7; DEIR, pp. 4- 38–4-39.) Instead, the DEIR and Habitat Assessment solely relies on a query to the California Natural Diversity Database (“CNDDB”) but fails to take advantage of other databases such as eBird and iNaturalist that gather site specific expert and birder knowledge. (Ex. A, p. 10; id. pp. 11-13, Table 2; DEIR, Appx. C, p. 7; DEIR, pp. 4-38–4-39.) The DEIR and FEIR are therefore incomplete in its search of available data on special-status species occurrences. (Ex. A, pp. 1-13.) Thus, the current environmental setting needs to be accurately characterized in RDEIR so that an appropriate impact analysis on biological resources from the Project can be completed. Furthermore, since “most special-status species are rare and cryptic, and because most species are expert at hiding their nests lest they get predated,” Dr. Smallwood recommends that detection surveys be performed for breeding birds “to inform preconstruction take-avoidance surveys by mapping out where biologists performing preconstruction surveys are most likely to find animals before the tractor blade finds them.” (Ex. A, pp. 18-19.) Page 314 Comment re: Jersey Industrial Complex Project EIR February 8, 2022 Page 6 of 11 2. The EIR fails to address the Project’s potential significant impact on loss of breeding capacity. Neither the DEIR, FEIR, nor the Habitat Assessment adequately assess the lost breeding capacity of nesting birds that would result from the Project. (See, Ex. A, pp. 14-15.) In so doing, the EIR fails to analyze the impact of habitat loss, or the loss of productive capacity on bird species likely to nest on the ground within the Project area. (Id.) While habitat loss results in the immediate numerical decline of birds and other animals, it also results in a permanent loss of productive capacity. (Id., p. 14.) Dr. Smallwood cites a recent study that documented a “29% decline in overall bird abundance across North America over the last 48 years,” a decline which he says was “driven by multiple factors, but principally attributed to habitat loss and habitat fragmentation.” (Id. [citing Rosenberg et al. 2019].) Here, the DEIR claims that, other than for killdeer which nest on the ground, nesting potential exists only in the trees scattered beyond the site’s perimeter. (DEIR, p. 4-38.) In reality, however, Dr. Smallwood found that “the DEIR mischaracterizes the number of species that nest on the ground,” because “[m]any bird species are ground-nesters, including mourning doves at the site.” (Ex. A, p. 14.) Dr. Smallwood cites two studies that show bird nesting densities that were between 32.8 and 35.8 bird nests per acre, for an average of 34.3 bird nests per acre. (Id. [citing Young (1948) & Yahner (1982), respectively].) Assuming nesting density at the Project site is a fifth of the average reported, then based on 6.8 bird nests per acre multiplied by the Project’s 7.39 acres of habit, Dr. Smallwood predicts that 50 bird nests produce new birds at the site annually. Based on an average of 2.9 fledglings per nest, the Project would prevent the production of 145 new birds per year. (Id., p. 14 [citing Young (1948)].) Based on Dr. Smallwood’s calculations, “[a]fter 100 years and further assuming an average bird generation time of 5 years, the lost capacity of both breeders and annual fledgling production would total 16,500 birds.” (Id., p. 14 [emphasis added].) The potential loss of 16,500 birds in California over the first century following construction of this Project easily qualifies as a significant and substantial impact that has not been analyzed. A RDEIR is required to fully analyze the Project’s impact on lost breeding capacity, and to mitigate that impact. Dr. Smallwood recommends, at a minimum, substantial compensatory mitigation is needed in response to the Project’s impacts from habitat loss, including impacts to birds and bats using the site as stop-over or staging during migration. (Ex. A, p. 19.) 3. The EIR inadequately analyzed the Project’s impact on wildlife movement. The DEIR concludes that the Project would have “no impact” on wildlife corridors because “[t]he project site is isolated from regional wildlife corridors and linkages, and there are no riparian corridors, creeks, or useful patches of steppingstone habitat (natural areas) within or connecting the Project site to any identified wildlife corridors or linkages.” (DEIR, p. 5-7; DEIR, Appx. C, pp. 5-6.) However, the CEQA standard is whether a project would interfere with wildlife movement in the region. As Dr. Smallwood explains, “[t]he primary phrase of the CEQA standard goes to wildlife movement regardless of whether the movement is channeled by a corridor.” (Ex. A, p. 15.) Wildlife movement includes stopover habitat used by birds and bats, and staging habitat during dispersal, and migration or home range patrol. (Id.) Dr. Smallwood Page 315 Comment re: Jersey Industrial Complex Project EIR February 8, 2022 Page 7 of 11 notes that many species of wildlife likely use the Project site for movement across the region and the Project would cut wildlife off from stopover and staging habitat, lengthening the distances wildlife must travel before finding alternate stopover habitat. (Id.) Therefore, the Project would interfere with wildlife movement in the region and an RDEIR must be prepared to address this impact and mitigate it accordingly. In addition, Dr. Smallwood recommends, at a minimum, substantial compensatory mitigation is needed in response to the Project’s impacts from interference with wildlife movement, including impacts to birds and bats using the site as stop- over or staging during migration. (Ex. A, p. 19.) 4. The EIR fails to address the impacts on wildlife from additional traffic generated by the Project. The EIR fails to analyze one of the most important potential Project impacts to wildlife: wildlife mortality from Project-generated traffic. (See, Ex. A, pp. 15-18.) As Dr. Smallwood points out: According to Mizuta Traffic Consulting (MTC 2020), the project would generate an average daily trip (ADT) rate of 182 passenger cars and 96 trucks. However, neither MTC (2020, 2021) nor the DEIR report any prediction of vehicle miles traveled (VMT). Thus, the DEIR provides only a weak basis for estimating the possible extent of project impacts to wildlife along roads. (Ex. A, p. 15.) Based on studies of traffic-caused wildlife mortality, Dr. Smallwood estimates that the Project- generated traffic would cause “3,608 wildlife fatalities per year,” and “[o]perations over 50 years would accumulate 180,400 wildlife fatalities.” (Id., pp. 17-18 [emphasis added].) Vehicle collisions with special-status species is not a minor issue, but rather results in the deaths of millions of species each year. Dr. Smallwood explains: Across North America, traffic impacts have taken devastating tolls on wildlife (Forman et al. 2003). In Canada, 3,562 birds were estimated killed per 100 km of road per year (Bishop and Brogan 2013), and the US estimate of avian mortality on roads is 2,200 to 8,405 deaths per 100 km per year, or 89 million to 340 million total per year (Loss et al. 2014). Local or regional impacts can be more intense than at the national level. (Id., pp. 15-16.) Especially due to the special-status bird species likely to occur at or near the Project site, these collisions represent a significant impact to wildlife that has not been addressed, discussed, or mitigated in the DEIR. A RDEIR is needed to analyze and mitigate this significant impact on wildlife. In addition, Dr. Smallwood points out that “[m]itigation measures to improve wildlife safety along roads are available and are feasible, and they need exploration for their suitability with the proposed project.” (Ex. A, pp. 18, 20.) 5. The EIR fails to adequately address the Project’s cumulative impacts on wildlife in the region. The DEIR fails to consider cumulative impacts on wildlife from the Project. (Ex. A, p. 18.) According to Dr. Smallwood: Page 316 Comment re: Jersey Industrial Complex Project EIR February 8, 2022 Page 8 of 11 The DEIR provides no analysis of cumulative impacts to biological resources other than to imply that cumulative impacts are really just residual impacts of incomplete mitigation of project-level impacts. If that was CEQA’s standard, then cumulative effects analysis would be merely an analysis of mitigation efficacy. And if that was the standard, then I must point out that none of the project-level impacts would be offset to any degree by the proposed preconstruction surveys to be performed for nesting birds. But the DEIR’s implied standard is not the standard of analysis of cumulative effects. CEQA defines cumulative impacts, and it outlines two general approaches for performing the analysis. The DEIR needs to be revised, and it needs to include an appropriate, serious analysis of cumulative impacts. (Id.) Thus, the DEIR needs to be revised to adequately address the Project’s contributions to cumulative impacts on wildlife in the region and to mitigate those impacts accordingly. (Id.) B. The EIR Fails to Adequately Address and Mitigate the Significant Air Quality, Health Risk, and Greenhouse Gas Impacts of the Project. Matt Hagemann, P.G., C.Hg., and Dr. Paul E. Rosenfeld, Ph.D., of the environmental consulting firm SWAPE reviewed the DEIR, FEIR, and associated appendices’ analysis of the Project’s air quality, health risk, and greenhouse gases (“GHG”) impacts and found that the EIR fails to adequately evaluate these impacts of the Project. (See, Ex. B, pp. 1-10.) As a result, SWAPE concluded that a revised DEIR needs to be prepared to adequately assess and mitigate air quality, health risk, and GHG impacts that the Project may have on the surrounding environment. (Id., p. 1.) SWAPE’s comment letter and CVs are attached as Exhibit B. 1. The EIR relies on unsubstantiated input parameters to estimate Project emissions and thus the Project will result in significant air quality impacts. SWAPE found that the DEIR underestimated the Project’s emissions and therefore cannot be relied upon to determine the significance of the Project’s air quality impacts. (See, Ex. B, pp. 1-4.) The DEIR relies on emissions calculated from the California Emissions Estimator Model Version CalEEMod.2020.4.0 (“CalEEMod”). (DEIR, p. 4-14.) This model, which is used to generate a project’s construction and operational emissions, relies on recommended default values based on site specific information related to a number of factors. (Ex. B, pp. 1-2.) CEQA requires any changes to the default values to be justified by substantial evidence. (Id., p. 2.) SWAPE reviewed the DEIR’s CalEEMod output files, provided in the Air Quality Report as Appendix B to the DEIR, and found that the values input into the model were inconsistent with information provided in the DEIR. (Id.) This results in an underestimation of the Project’s emissions. (Id.) As a result, the DEIR’s air quality analysis cannot be relied upon to determine the Project’s emissions. Specifically, SWAPE found that the following values used in the DEIR’s air quality analysis were either inconsistent with information provided in the DEIR or otherwise unjustified: Page 317 Comment re: Jersey Industrial Complex Project EIR February 8, 2022 Page 9 of 11 1. Failure to model all proposed land uses. (Ex. B, pp. 2-3.) 2. Incorrect application of area-related operational mitigation measures. (Ex. B, pp. 3-5.) As a result of these errors in the DEIR, the Project’s construction and operational emissions are underestimated and cannot be relied upon to determine the significance of the Project’s air quality impacts. (Id., pp. 4-5.) A RDEIR is needed to adequately address and mitigate the significant air quality impacts of the Project. 2. The EIR fails to adequately evaluate health risk impacts from diesel particulate matter emissions. One of the primary emissions of concern regarding health effects for land development projects is diesel particulate matter (“DPM”), which can be released during Project construction and operation. DPM consists of fine particles with a diameter less than 2.5 micrometers including a subgroup of ultrafine particles (with a diameter less than 0.1 micrometers). Diesel exhaust also contains a variety of harmful gasses and cancer-causing substances. Exposure to DPM is a recognized health hazard, particularly to children whose lungs are still developing and the elderly who may have other serious health problems. According to the California Air Resources Board (“CARB”), DPM exposure may lead to the following adverse health effects: aggravated asthma; chronic bronchitis; increased respiratory and cardiovascular hospitalizations; decreased lung function in children; lung cancer; and premature deaths for those with heart or lung disease. The DEIR concludes that the proposed Project would have a less-than-significant health risk impact without conducting a quantified construction or operational health risk analysis (“HRA”). (DEIR, pp. 4-22–4-24; see also Ex. B, pp. 5-7.) Specifically, regarding potential health risk impacts associated with Project construction, the DEIR justifies its “less-than- significant” health risk impact conclusion by explaining that “the short-term construction duration would not result in substantial toxic air contaminant (“TAC”).” (Ex. B, p. 5 [citing DEIR, pp. 4-22–4-23].) Additionally, “the DEIR concludes that the Project would result in a less-than-significant operational health risk impact because the nearest sensitive receptor is located a half mile from the Project site and the traffic volumes along Milliken Avenue are less than the CARB recommended threshold.” (Ex. B, p. 5 [citing DEIR, pp. 4-23–4-24].) However, SWAPE’s review of the DEIR and its evaluation of potential health risk impacts for the Project found that the DEIR incorrectly concluded that the Project would have a less-than-significant health risk impact on nearby receptors, and completely failed to conduct a quantified construction or operational HRA. (Ex. B, pp. 5-7.) SWAPE concluded that the DEIR’s evaluation of the Project’s potential health impacts, as well as the less-than-significant health impact conclusion, is incorrect for several reasons. (Id.) First, the DEIR fails to quantitatively evaluate construction-related and operational TAC emissions, or make a reasonable effort to connect emissions to health impacts posed to nearby existing sensitive receptors. (Ex. B, p. 6.) SWAPE identifies potential emissions from both the exhaust stacks of construction equipment and daily vehicle trips. (Id.) In failing to connect TAC emissions to potential health risks to nearby sensitive receptors, the Project fails to meet the Page 318 Comment re: Jersey Industrial Complex Project EIR February 8, 2022 Page 10 of 11 CEQA requirement that projects correlate increases in project-generated emissions to adverse impacts on human health caused by those emissions. (Id.; see also, Sierra Club v. County of Fresno (2018) 6 Cal.5th 502, 510.) Second, by failing to prepare a quantified construction and operational HRA, the Project is inconsistent with CEQA’s requirement to correlate the increase in emissions that the Project would generate to the adverse impacts on human health caused by those emissions. (Ex. B, p. 6.) The DEIR’s conclusion is also inconsistent with recommendations set forth by the Office of Health Hazard Assessment’s (“OEHHA”) most recent Risk Assessment Guidelines: Guidance Manual for Preparation of Health Risk Assessments, which was formally adopted in March of 2015. (See, “Risk Assessment Guidelines Guidance Manual for Preparation of Health Risk Assessments.” OEHHA, Feb 2015 [available at: https://oehha.ca.gov/media/downloads/crnr/2015guidancemanual.pdf].) OEHHA recommends that projects lasting at least 2 months be evaluated for cancer risks to nearby sensitive receptors, a time period which this Project easily exceeds. (Ex. B, p. 6.) The OEHHA document also recommends that if a project is expected to last over 6 months, the exposure should be evaluated throughout the project using a 30-year exposure duration to estimate individual cancer risks. (Id.) Based on its extensive experience, SWAPE reasonably assumes that the Project will last at least 30 years, and therefore recommends that health risk impacts from the project be evaluated in a revised DEIR. Id. A RDEIR is therefore required to analyze and mitigate these impacts. (Id.) Third, by claiming a less than significant impact without conducting a quantified construction or operational HRA for nearby, existing sensitive receptors, SWAPE found that the DEIR fails to compare the excess health risk impact to the SCAQMD’s specific numeric threshold of 10 in one million. (Ex. B, pp. 6-7.) Thus, in accordance with the most relevant guidance, an assessment of the health risk posed to nearby existing receptors from Project construction and operation should have been conducted. Thus, a RDEIR is required to adequately address and mitigate the health risk impacts of the Project’s construction-related and operational activities. 3. The EIR fails to adequately evaluate greenhouse gas impacts from the Project. The DEIR estimates that the Project would generate net annual GHG emissions of 2,410 metric tons of CO2 equivalents per year (“MT CO2e/year”), which would not exceed the SCAQMD threshold of 10,000 MT CO2e/year. (Ex. B, p. 7; see also DEIR, pp. 4-75, Table 4.51.) Further, the DEIR relies on the Project’s consistency with the City of Rancho Cucamonga Sustainable Community Action Plan, CARB’s 2017 Scoping Plan, and Connect SoCal 2020- 2045 RTP/SCS in order to conclude that the Project would result in a less-than-significant GHG impact. (Ex. B, p. 7; see also, DEIR, pp. 4-77–4-81.) However, SWAPE states that the DEIR’s GHG analysis and subsequent less-than-significant impact conclusion is incorrect for several reasons. (Ex. B, pp. 7-10.) First, the DEIR estimates that the Project would generate net annual GHG emissions of 2,410 MT CO2e/year but the DEIR’s quantitative GHG analysis should not be relied upon since it relies on an unsubstantiated air model, as discussed above. (Ex. B, pp. 7-8.) Page 319 Comment re: Jersey Industrial Complex Project EIR February 8, 2022 Page 11 of 11 Second, the DEIR fails to consider the performance-based standards underlying CARB’s Scoping Plan. (Id., p. 8.) Third, the DEIR fails to consider the performance-based standards underlying SCAG’s RTP/SCS. (Id., pp. 8-10.) Based on SWAPE’s quantitative consistency evaluation utilizing these standards, SWAPE concluded that the DEIR’s GHG significance determination regarding the Project’s consistency with applicable plans and policies should not be relied upon. (Id., p. 9.) Thus, a RDEIR needs to be prepared for the Project to provide additional information and analysis to conclude less than significant GHG impacts. IV. CONCLUSION In light of the above comments, SAFER requests that the Planning Commission refrain from recommending the certification of the EIR in order to allow staff additional time to address concerns raised herein. Please include this letter in the record of proceedings for this Project. Thank you for considering these comments. Sincerely, ` Victoria Yundt LOZEAU DRURY LLP Page 320     EXHIBIT A  Page 321 1 Shawn Smallwood, PhD 3108 Finch Street Davis, CA 95616 Vincent Acuna, Planning Department City of Rancho Cucamonga Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91 8 February 2022 RE: Jersey Industrial Complex Project Dear Mr. Acuna, I write to comment on the Draft Environmental Impact Report (DEIR) prepared for the proposed Jersey Industrial Complex Project (City of Rancho Cucamonga 2021), specifically on its analysis of potential impacts to biological resources. I understand the project would consist of 143,014 square feet of floor space on 7.39 acres at the northwest corner of Milliken Avenue and Jersey Boulevard. My qualifications for preparing expert comments are the following. I hold a Ph.D. degree in Ecology from University of California at Davis, where I subsequently worked for four years as a post-graduate researcher in the Department of Agronomy and Range Sciences. My research has been on animal density and distribution, habitat selection, habitat restoration, interactions between wildlife and human infrastructure and activities, conservation of rare and endangered species, and on the ecology of invading species. I study wildlife mortality caused by wind turbines, electric distribution lines, agricultural practices, and road traffic. I authored numerous papers on special-status species issues. I served as Chair of the Conservation Affairs Committee for The Wildlife Society – Western Section. I am a member of The Wildlife Society and the Raptor Research Foundation, and I’ve been a part-time lecturer at California State University, Sacramento. I was Associate Editor of wildlife biology’s premier scientific journal, The Journal of Wildlife Management, as well as of Biological Conservation, and I was on the Editorial Board of Environmental Management. I have performed wildlife surveys in California for thirty-six years, including at many proposed project sites. My CV is attached. SITE VISIT Noriko Smallwood, a wildlife biologist pursuing a Master’s Degree at California State University Los Angeles, visited the site of the proposed project for nearly 2 hours from 06:26 to 08:16 hours on 16 June 2021 (Photos 1-2). She walked the site’s perimeter, stopping to scan for wildlife with the use of binoculars. The sky was clear with no wind, and temperatures ranged 70‒75° F. Noriko Smallwood certifies that the foregoing and following survey results are true and accurately reported. Page 322 2 Ms. Smallwood detected nearly 15 species of vertebrate wildlife during her 110 minutes at the site (Table 1). She saw mourning doves (Photo 3), a family of coyotes (Photos 4 and 5), house finches and Great Basin fence lizards (Photos 6 and 7), and black phoebe (Photo 8), among other species. Tracks indicated that coyotes routinely use a hole at the bottom of the perimeter fence to access the site for foraging, which has been important for the rearing of their pups. Noriko also evidence of pocket gophers, which are members of a keystone species that provides habitat for many other vertebrate species and which serve as prey to raptors, snakes and other carnivorous species. She saw birds expressing territorial behavior indicative of breeding, and she saw mourning doves copulating in close proximity to their on-site nest. Photos 1-2. Site of proposed Jersey Industrial Complex project, next to railroad tracks (background trees are where coyotes denned). Photos by Noriko Smallwood, 16 June 2021. Page 323 3 Table 1. Species of wildlife Noriko Smallwood observed during 06:26 to 08:16 hours on 16 June 2021 at the proposed Project site, where RR = adjacent railroad tracks. Species Scientific name Status Notes Botta's pocket gopher Thomomys bottae Soil mounds Coyote Canis latrans Adults, 3-4 pups by RR Mourning dove Zenaida macroura nested on ground; mated Anna's hummingbird Calypte anna offsite near RR Black phoebe Sayornis nigricans offsite Cassin's kingbird Tyrannus vociferans offsite Common raven Corvus corax socializing American crow Corvus brachyrhynchos offsite Northern rough-winged swallow Stelgidopteryx serripennis near RR Northern mockingbird Mimus polyglottos offsite; harassed raven Bushtit Psaltiparus minimus offsite near RR European starling Sturnus vulgaris Non-native offsite House finch Carpodacus mexicanus many; socializing, calling Lesser goldfinch Carduelis psaltria offsite Great Basin fence lizard Scelophorus occidentalis longipes many Photo 3. Mourning dove at the site of the proposed project, 16 June 2021. Photo by Noriko Smallwood. Page 324 4 Photo 4 and 5. Coyote pups, one tracked by its mother, next to the project site, 16 June 2021. Photos by Noriko Smallwood. Page 325 5 Photos 6 and 7. House finch and Great Basin fence lizard at the project site. Photos by Noriko Smallwood, 16 June 2021. Photo 8. Juvenile black phoebe at the project site, 16 June 2021. Photo by Noriko Smallwood. CURRENT ENVIRONMENTAL SETTING The first step in analysis of potential project impacts to biological resources is to accurately characterize the existing environmental setting, including the species that use the site, their relative abundances, how they use the site, key ecological relationships, and known and ongoing threats to those species with special status. A reasonably accurate characterization of the environmental setting can provide the baseline against which to analyze project impacts. Methods to achieve this first step should include surveys of the site for biological resources and reviews of literature, databases and local experts for documented occurrences of special-status species. In this case, these essential steps remain incomplete. Herein I provide additional characterization of the Page 326 6 wildlife community as a component of the current environmental setting, including the identification of special-status species likely to use the site at one time or another. A biologist visited the site on May 14, 2020 (ELMT 2020). Unfortunately, ELMT (2020) did not report when the biologist arrived, how long he stayed, nor what methods he used while on site. The reporting of the site survey did not include the most basic information that a wildlife ecologist would need for assessing whether the survey truly met due diligence standards. A much more rigorous survey and reporting effort is warranted. During the site survey, ELMT (2020) detected only 9 species of vertebrate wildlife. As reported earlier, Noriko Smallwood detected 15 species. The difference in numbers of species detected could have been due to daily or yearly variation in wildlife use of the site. Another explanation could be that ELMT surveyed the site very briefly; Noriko’s data indicate that 9 species would have been detected in a 25-minute survey. A third explanation could be that ELMT visited the site in the middle of the day when wildlife are less active. Without better reporting by ELMT, an explanation for the difference in survey outcomes remains elusive. However, whereas Noriko detected 6 species that ELMT did not, ELMT detected 4 species that Noriko did not: Western side-blotched lizard, Say’s phoebe, house sparrow, and desert cottontail. More surveys would add species known to use the site because a single reconnaissance-level survey typically detects only a fraction of the species that actually use the site. Insufficient survey effort has been committed to the site. Noriko’s detection of 15 species of vertebrate wildlife needs to be interpreted within the context of her survey effort. To matter who performs the survey, the results of a single survey qualify as an absurdly thin empirical foundation for characterizing the environmental setting of any given site, including one proposed for a project. A single survey can serve only as a starting point toward characterization of a site’s wildlife community. Noriko had only <2 hours available to perform a visual scan survey on 16 June 2021, so there were only so many species she was likely to detect. It would have been inappropriate of us to have reported that the site supports only 15 species of wildlife. However, when a reconnaissance-level survey is diligently performed, and when the outcome is analyzed appropriately and fully reported, the number of species detected within a given reconnaissance survey effort can inform of the number of species that likely would have been detected with a larger survey effort during the same time of year. By recording when she detected each species, we were able to forecast the number of species that could have been detected with a longer effort using the same visual scan method. Figure 1 shows Noriko’s cumulative count of species detected at the site with increasing time into her survey. Just as we have seen for many other survey efforts, a nonlinear regression model fit the data very well, explaining 99% of the variation in the data, and it showed progress towards the inevitable asymptote of the number of species detectable over a longer time period using the same survey method. In our case, the model predicted Noriko would have eventually detected 44 species had she continued Page 327 7 performing morning surveys during mid-June. She actually detected only a third of what the pattern in her data predicts she could have detected with an expanded effort. Figure 1. Actual and predicted relationships between the number of vertebrate wildlife species detected and the elapsed survey time based on Noriko Smallwood’s visual scan survey on 16 June 2021. Note that the relationships would differ if the surveys were based on another method, another time of day, or during another season. Also note that the cumulative number of vertebrate species across all methods, times of day, and seasons would increase substantially. Noriko could have detected many more species than predicted had she also performed surveys at different times of day to detect diurnal, nocturnal and crepuscular species, or surveys in different seasons and years to detect migrants and species with multi-annual cycles of abundance, or surveys of different methods such as se of acoustic detectors or thermal-imaging for bats, owls, and nocturnally migratory birds, and live-trapping for small mammals. Her reconnaissance-level survey, performed carefully and analyzed appropriately, informs us that the site is richer in wildlife than the 15 species detected, but also that its environmental setting remains insufficiently characterized as foundation for analysis of impacts to special-status species (more on this later). What Noriko’s survey does not inform us, and what detection surveys could, is which of the potentially occurring special-status species actually occur at the site. To answer the forgoing question, I completed a much larger survey effort across 167 km2 of annual grasslands of the Altamont Pass Wind Resource Area, where from 2015 through 2019, I performed 721 1-hour visual-scan surveys, or 721 hours of surveys, at 46 stations. I used binoculars and otherwise the methods were the same as the methods I use for surveys at proposed project sites. Each of the 46 stations were surveyed much like a survey is performed at a proposed project site. At each of the 46 survey stations, I tallied new species detected with each sequential survey at that station, and then related the cumulative species detected to the hours (number of surveys, as each survey lasted 1 hour) used to accumulate my counts of species detected. I used combined quadratic and simplex methods of estimation in Statistica to estimate least-squares, best-fit nonlinear 0 50 100 150 200 250 300 0 2 4 6 8 10 12 14 16 18 20 Y Actual count of species Model prediction r2 = 0.99, loss = 2.8Cumulative number of wildlife species detectedPage 328 8 models of cumulative species detected regressed on hours of survey (number of surveys) at the station: 𝑅̂=1 1 𝑎⁄+𝑎×(𝐻𝑜𝑢𝑟𝑟)𝑐 , where 𝑅̂ represented cumulative species richness detected. Coefficients of determination of model-fit ranged 0.88 to 1.00, with a mean of 0.97 (95% CI: 0.96, 0.98). I projected the predictions of each model to 10,000 hours to find predicted asymptotes of wildlife species richness, but I was more interested in predicted species richness at a survey effort within the data range, thereby minimizing bias. I averaged the model predictions of species richness at each incremental increase of number of surveys, i.e., number of hours. The mean model-predicted asymptote of species richness was 57 after 11,857 hours of visual-scan surveys. On average I detected 9.5 species over the first 1.83 hours of surveys (to match the number of hours Noriko completed) in the Altamont Pass, which composed 16.67 % of the total predicted species Noriko would detect with a much larger survey effort. Given the example illustrated in Figure 2, and assuming the pattern of survey results is robustly represented by Figure 2, the 15 species Noriko detected after her 1.83 hours of survey at the project site likely represented 16.67% of the species to be detected after many more visual-scan surveys. With many more repeat surveys, Noriko would likely detect 15 0.1667⁄=90 species of vertebrate wildlife at the site. I would perform the same analysis for the ELMT survey had ELMT reported sufficient details of their survey for me to do so. Figure 2. Mean (95% CI) predicted wildlife species richness, 𝑅̂, as a nonlinear function of hour-long survey increments across 46 visual-scan survey stations across the Altamont Pass Wind Resource Area, Alameda and Contra Costa Counties, 2015‒2019. There is no question that a larger survey effort would result in a longer list of species documented to use the project site, thereby changing our understanding of the current environmental setting. But still unknown are which species have yet to be detected, how many of the yet-to-be-detected species are special-status species, and how many are 0 20 40 60 80 100 0 10 20 30 40 50 Cumulative number of surveys (hours)(95% CI)Page 329 9 listed species. The likelihood of detecting special-status species is typically lower than that of more common species. This difference can be explained by the fact that special- status species tend to be rarer than common species. Special-status species also tend to be more cryptic, fossorial, or active during nocturnal periods when reconnaissance surveys are not performed. Another useful relationship from careful recording of species detections and subsequent comparative analysis is the probability of detection of listed species as a function of an increasing number of vertebrate wildlife species detected (Figure 3). (Note that listed species number fewer than special-status species, which are inclusive of listed species.) As demonstrated in Figures 1 and 2, the number of species detected is largely a function of survey effort. Therefore, greater survey effort increases the likelihood that listed species will be detected (which is the first tenet of detection surveys for special-status species). Based on the outcomes of 152 previous surveys that Noriko and I performed at sites of proposed projects, Noriko’s survey effort at the project site carried a 17% chance of detecting a listed species. Had she continued her survey effort until she detected all 90 species of vertebrate wildlife predicted by the pattern of her data, then her odds of detecting a listed species would have risen to nearly 100%. In other words, listed species might very well use the site, but it would take more survey effort to achieve a reasonable likelihood of detecting listed species. This context bears on my comments on the DEIR’s analysis of potential project impacts to biological resources, below. A fair argument can be made for the revise the DEIR to more rigorously survey the site for wildlife. Figure 3. Probability of detecting ≥1 Candidate, Threatened or Endangered Species of wildlife listed under California or federal Endangered Species Acts, based on survey outcomes logit- regressed on the number of wildlife species Noriko Smallwood and I detected as expert witnesses during 152 site visits throughout California. The vertical dashed vertical line represents the number of species detected by ELMT (2020), whereas the solid vertical line depicts the number detected by Noriko. Number of species detectedProbability of detecting Fully Protected, Candidate, Threatened or Endangered Species0 10 20 30 40 50 60 70 0.0 0.2 0.4 0.6 0.8 1.0 95% CI 152 site visits Page 330 10 According to ELMT (2020), “No active nests or birds displaying nesting behavior were observed during the field investigation.” Noriko, on the other hand, photographed a juvenile black phoebe (Photo 8), observed mourning doves copulating on the project site where the doves had a nest, and observed a northern mockingbird defending its territory against common ravens, one of which also exhibited behaviors typical of nesting. ELMT’s failure to detect signs of avian nesting is inexplicable, other than the possibility that ELMT spent very little time to survey the site. Determinations of absence and low likelihood of occurrence of special-status species such as burrowing owl lack foundation in both ELMT (2020) and the DEIR. No field survey methods were implemented for the detection of bats. No detection surveys were performed for any of the special-status species with potential to occur at the site. Whereas the DEIR assesses the occurrence likelihoods of only 15 special-status species of wildlife, sighting records posted to publicly available data bases indicate the occurrences of 4 times that number in the area (Table 2). Of the 15 species assessed in the DEIR, 13 (87%) are determined absent from the site, and the other 2 species are assigned a low likelihood of occurrence. Two of the “absent” species have been reported on the project site, 1 has been reported adjacent to the project site, and 5 have been seen nearby. Of all 60 special-status species reported in the area by the data bases, 3 were reported on site, 1 on adjacent property, 3 very close, and 29 nearby. Ample evidence exists in support of the likelihood that special -status species of wildlife use the site, and grossly insufficient evidence exists for dismissing the likelihoods of their use. The DEIR needs to be revised to appropriately assess the environmental baseline and to analyze potential project impacts to biological resources. Some of the species in Table 2 likely use of the site lightly. Double-crested cormorants and other species likely target the site’s open space for flight paths. Species such as California gull and turkey vulture gain lift in the thermals generated by open space -- lift needed to attain suitable glide altitudes for long-distance travel. California gulls and other species also need open space for staging and stopover on their ways to roost sites, foraging, or long-distance migration. Ferruginous hawk and merlin need these spaces for foraging during winter migration. Even for species that lightly use the site, the DEIR needs to be revised to appropriately analyze potential project impacts to wildlife. The DEIR (page 4-39) asserts that “the presence/absence of burrowing owl would be determined during the preconstruction survey.” This assertion is misleading because preconstruction surveys are not performed for the purpose of determining presence or absence or a species. Preconstruction surveys are performed solely for the purpose of avoiding take of plants or animals that are readily detectable and collectable just prior to construction grading. To determine presence or absence of a species, detection surveys designed for this purpose must be implemented. In the case of burrowing owl, the CDFW (2012) survey protocol would need to be implemented. A preconstruction survey cannot serve as a surrogate or substitute for detection surveys, and City of Rancho Cucamonga should not characterize them as such. The current environmental setting needs to be accurately characterized in a revised DEIR so that an appropriate impacts analysis can be completed. Page 331 11 Table 2. Occurrence likelihoods of special-status species of vertebrate wildlife as determined by the DEIR and by publicly available data bases such as eBird (https://eBird.org) and iNaturalist, where ‘adjacent’ indiccates the adjacent property to the project site, ‘very close’ indicates within a mile, ‘nearby’ indicates within a few miles, and ‘in region’ indicates within 10 to 30 miles of the project site. Common name Species name Status1 Occurrence likelihood DEIR Data bases Double-crested cormorant Phalacrocorax auritus WL Nearby California gull Larus californicus WL Absent Nearby Turkey vulture Cathartes aura BOP Nearby Golden eagle Aquila chrysaetos BGEPA, BCC, CFP Nearby Swainson’s hawk Buteo swainsoni CT, BOP Very close Red-tailed hawk Buteo jamaicensis BOP On site Ferruginous hawk Buteo regalis WL, BOP Very close Red-shouldered hawk Buteo lineatus BOP Very close Northern harrier Circus cyaneus SSC3, BOP Absent On site White-tailed kite Elanus leucurus CFP, BOP Absent Nearby Sharp-shinned hawk Accipiter striatus WL, BOP Nearby Cooper’s hawk Accipiter cooperi WL, BOP Low Nearby American kestrel Falco sparverius BOP Nearby Merlin Falco columbarius WL, BOP Nearby Prairie falcon Falco mexicanus WL, BOP Nearby Peregrine falcon Falco peregrinus CE, CFP, BOP Nearby Barn owl Tyto alba BOP Nearby Burrowing owl Bubo virginianus BCC, SSC2, BOP Absent Nearby Great-horned owl Athene cunicularia SSC2, BOP Nearby Western screech-owl Megascops kennicottii BOP Nearby Vaux’s swift Chaetura vauxi SSC2 Nearby Lewis’s woodpecker Melanerpes lewis BCC In region Nuttall’s woodpecker Picoides nuttallii BCC Nearby Costa’s hummingbird Calypte costae BCC Absent Adjacent Allen’s hummingbird Selasphorus sasin BCC Nearby Cactus wren Campylorhynchus brunneicapillus BCC In region Horned lark Eremophila alpestris actia WL Low Nearby Page 332 12 Common name Species name Status1 Occurrence likelihood DEIR Data bases California gnatcatcher Polioptila c. californica FT, SSC Absent In region Willow flycatcher Empidonax traillii CE, BCC Nearby Olive-sided flycatcher Contopus cooperi SSC2 In region Vermilion flycatcher Pyrocephalus rubinus SSC2 Nearby Purple martin Progne subis SSC2 In region Oak titmouse Baeolophus inornatus BCC Nearby Loggerhead shrike Lanius ludovicianus BCC, SSC2 Absent On site Least Bell’s vireo Vireo belli pusillus FE, CE Absent Nearby Yellow warbler Setophaga petechia SSC2 Nearby Yellow-breasted chat Icteria virens SSC3 Nearby Summer tanager Piranga rubra SSC1 In region Black-chinned sparrow Spizella atrogularis BCC In region Bell’s sage sparrow Amphispiza b. belli WL In region Oregon vesper sparrow Pooecetes gramineus affinis SSC2 Nearby Grasshopper sparrow Ammodramus savannarum SSC2 In range Southern California rufous-crowned sparrow Aimophila ruficeps canescens BCC, WL Absent In region Tricolored blackbird Agelaius tricolor SSC1 Absent In region Yellow-headed blackbird Xanthocephalus xanthocephalus SSC3 In region Lawrence’s goldfinch Spinus lawrencei BCC Nearby Blainville’s horned lizard Phrynosoma blainvillii SSC Absent Nearby Pallid bat Antrozous pallidus SSC, WBWG H In range Townsend’s western big-eared bat Plecotus t. townsendii SSC, WBWG H In region Western red bat Lasiurus blossevillii SSC, WBWG H In region Western yellow bat Lasiurus xanthinus SSC, WBWG H Absent In range Small-footed myotis Myotis cililabrum WBWG M In range Miller’s myotis Myotis evotis WBWG M In region Fringed myotis Myotis thysanodes WBWG H In region Long-legged myotis Myotis Volans WBWG H In range Yuma myotis Myotis yumanensis SSC, WBWG LM In region Western mastiff bat Eumops perotis SSC Absent In region Page 333 13 Common name Species name Status1 Occurrence likelihood DEIR Data bases Hoary bat Lasiurus cinereus WBWG LM In region American badger Taxidea taxus SSC Nearby 1 Listed as FT and FE = federal threatened and endangered, BCC = U.S. Fish and Wildlife Service Bird of Conservation Concern, CT and CE = California threatened and endangered, CFP = California Fully Protected (CDFW Code 3511), BOP = California Fish and Game Code 3503.5 (Birds of prey), and SSC1, SSC2 and SSC3 = California Bird Species of Special Concern priorities 1, 2 and 3, respectively (Shuford and Gardali 2008), WL = Taxa to Watch List (Shuford and Gardali 2008), and WBWG = Western Bat Working Group listing as moderate or high priority. Page 334 14 BIOLOGICAL IMPACTS ASSESSMENT Determination of occurrence likelihoods of special-status species is not, in and of itself, an analysis of potential project impacts. An impacts analysis should consider whether and how a proposed project would affect members of a species, larger demographic units of the species, or the whole of a species. In the following, I analyze several types of impacts likely to result from the project, and almost none of which are analyzed in the DEIR. Habitat Loss The DEIR claims that, other than for killdeer which nest on the ground, nesting potential exists only in the trees scattered beyond the site’s perimeter. However, the DEIR mischaracterizes the number of species that nest on the ground. Many bird species are ground-nesters, including mourning doves at the site. The ELMT (2020) survey was performed in the appropriate season for detecting nesting birds, but obvi0usly was not directed towards nesting birds or ELMT would have noticed them. No serious effort has been directed toward the detection of nesting birds on the site. A recent study documented a 29% decline in overall bird abundance across North America over the last 48 years – a decline driven by multiple factors, but principally attributed to habitat loss and habitat fragmentation (Rosenberg et al. 2019). Habitat loss not only results in the immediate numerical decline of wildlife, but also in permanent loss of productive capacity. For example, a grassland/wetland/woodland complex at one study site had a total bird nesting density of 32.8 nests per acre (Young 1948). In another study on a similar complex of vegetation cover, the average annual nest density was 35.8 nests per acre (Yahner 1982). These densities averaged 34.3 nests per acre, indicative of a very large productive capacity of North American birds, but also indicative of a very large source of lost capacity should habitat be taken for human uses. Assuming nesting density at the project site is a fifth of the average reported by Young (1948) and Yahner (1982), then 6.8 bird nests per acre multiplied against the project’s 7.39 acres would predict that 50 bird nests produce new birds at the site annually. The average number of fledglings per nest in Young’s (1948) study was 2.9. Assuming Young’s (1948) study site typifies bird productivity, the project would prevent the production of 145 fledglings per year. After 100 years and further assuming an average bird generation time of 5 years, the lost capacity of both breeders and annual fledgling production would total 16,500 birds {(nests/year × chicks/nest × number of years) + (2 adults/nest × nests/year) × (number of years ÷ years/generation)}. The project’s denial to California of 16,500 birds over the first century following construction would easily qualify as a significant and substantial impact. This impact has not been addressed by City of Rancho Cucamonga. The DEIR should be revised to appropriately analyze the project’s impacts from habitat loss. Habitat fragmentation, which is the reduction of connectivity of remaining habitat patches on a landscape, can further diminish the productive capacity of a site (Smallwood 2015). Habitat fragmentation has progressed rapidly around the project Page 335 15 site, leaving a diminishing number of patches of open space in the area, each of which is increasingly critical to the continued existence of many wildlife species. Habitat fragmentation is one of the cumulative effects of this project that needs to be analyzed in a revised DEIR. Wildlife Movement According to ELMT (2020:6) and the DEIR (page 5-7), “As a result, implementation of the proposed project will not disrupt or have any adverse effects on any migratory corridors or linkages in the surrounding area.” The DEIR dismisses potential impacts to wildlife movement by concluding that development around the project site precludes its use as part of a wildlife movement corridor. The premise of this conclusion must be that the presence of a wildlife corridor determines whether a project would significantly interfere with wildlife movement in the region. However, this premise represents a false CEQA standard. The primary phrase of the CEQA standard goes to wildlife movement regardless of whether the movement is channeled by a corridor. A site such as the proposed project site is critically important for wildlife movement because it composes an increasingly diminishing patch of open space within a growing expanse of anthropogenic uses, forcing more species of birds to use the site for stopover and staging during migration, dispersal, and home range patrol (Warnock 2010, Taylor et al. 2011, Runge et al. 2014). The project would cut birds and bats off from stopover, roosting and staging, forcing them to travel even farther between remaining stopover areas along migration routes. The project would interfere with wildlife movement in the region. The DEIR needs to be revised to address the project’s impacts on wildlife movement in the region. Traffic Impacts on Wildlife According to Mizuta Traffic Consulting (MTC 2020), the project would generate an average daily trip (ADT) rate of 182 passenger cars and 96 trucks. However, neither MTC (2020, 2021) nor the DEIR report any prediction of vehicle miles traveled (VMT). Thus, the DEIR provides only a weak basis for estimating the possible extent of project impacts to wildlife along roads. To point out the potential magnitude of an important project impact that the DEIR fails to address, and which ought to be addressed in a revised EIR, I assume 20 miles per car trip and 150 miles per truck trip to predict annual VMT of 1,328,600 for passenger cars and 5,256,000 for shipping trucks and a total 6,584,600. Assuming these VMT predictions are reasonably close to accurate, then the basis exists for predicting one of the most important potential project impacts to wildlife. Vehicle collisions have accounted for the deaths of many thousands of amphibian, reptile, mammal, bird, and arthropod fauna, and the impacts have often been found to be significant at the population level (Forman et al. 2003). Across North America, traffic impacts have taken devastating tolls on wildlife (Forman et al. 2003). In Canada, 3,562 birds were estimated killed per 100 km of road per year (Bishop and Brogan 2013), and the US estimate of avian mortality on roads is 2,200 to 8,405 deaths per 100 Page 336 16 km per year, or 89 million to 340 million total per year (Loss et al. 2014). Local or regional impacts can be more intense than at the national level. In a recent study of traffic-caused wildlife mortality, investigators found 1,275 carcasses of 49 species of mammals, birds, amphibians and reptiles over 15 months of searches along a 2.5 mile stretch of Vasco Road in Contra Costa County, California (Mendelsohn et al. 2009). Using carcass detection trials performed on land immediately adjacent to the traffic mortality study (Brown et al. 2016) to adjust the found fatalities for the proportion of fatalities not found due to scavenger removal and searcher error, the estimated traffic-caused fatalities was 12,187. This fatality estimate translates to a rate of 3,900 wild animals per mile per year killed. In terms comparable to the national estimates, the estimates from the Mendelsohn et al. (2009) study would translate to 243,740 animals killed per 100 km of road per year, or 29 times that of Loss et al.’s (2014) upper bound estimate and 68 times the Canadian estimate. An analysis is needed of whether increased traffic generated by the project site would similarly result in local impacts on wildlife. Increased use of existing roads would increase wildlife fatalities (see Figure 7 in Kobylarz 2001). It is possible that project-related traffic impacts would far exceed the impacts of land conversion to use for a warehouse. Wildlife roadkill is not randomly distributed, and so it can be predicted. Causal factors include types of roadway, human population density, and temperature (Chen and Wu 2014), as well as time of day and adjacency and extent of vegetation cover (Chen and Wu 2014, Bartonička et al. 2018), and intersections with streams and riparian vegetation (Bartonička et al. 2018). For example, species of mammalian Carnivora are killed by vehicle traffic within 0.1 miles of stream crossings >40 times other than expected (K. S. Smallwood, 1989-2018 unpublished data). Reptiles are killed on roads where roadside fences end or where fences are damaged (Markle et al. 2017). There has even been a function developed to predict the number of golden eagles killed along the road, where the function includes traffic volume and density of road-killed animals available for eagles to scavenge upon (Lonsdorf et al. 2018). These factors also point the way toward mitigation measures, which should be formulated in a revised DEIR. Predicting project-generated traffic impacts to wildlife Based on my assumptions of VMT applied to the DEIR’s predicted ADT, I predict the project would generate 6,584,600 vehicle miles traveled annually. This is a lot of mileage to be driven at great peril to wildlife that must cross roads to go about their business of foraging, patrolling home ranges, dispersing and migrating (Photos 9 and 10). Despite the obvious risk to wildlife, and despite the multiple papers and books written about this type of impact and how to mitigate them, the DEIR does not address impacts to wildlife caused by vehicles traveling to and from the project site. Page 337 17 Photo 9. A Gambel’s quail dashes across a road on 3 April 2021. Such road crossings are usually successful, but too often prove fatal to the animal. Photo by Noriko Smallwood. Photo 10. A mourning dove killed by vehicle traffic on a California road. Photo by Noriko Smallwood, 21 June 2020. For wildlife vulnerable to front-end collisions and crushing under tires, road mortality can be predicted from the study of Mendelsohn et al. (2009) as a basis, although it would be helpful to have the availability of more studies like that of Mendelsohn et al. (2009) at additional locations. My analysis of the Mendelsohn et al. (2009) data resulted in an estimated 3,900 animals killed per mile along a county road in Contra Costa County. Two percent of the estimated number of fatalities were birds, and the balance was composed of 34% mammals (many mice and pocket mice, but also ground squirrels, desert cottontails, striped skunks, American badgers, raccoons, and others), 52.3% amphibians (large numbers of California tiger salamanders and California red - legged frogs, but also Sierran treefrogs, western toads, arboreal salamanders, slender salamanders and others), and 11.7% reptiles (many western fence lizards, but also skinks, alligator lizards, and snakes of various species). During the Mendelsohn et al. (2009) study, 19,500 cars traveled Vasco Road daily, so the vehicle miles that contributed to my estimate of wildlife fatalities was 19,500 cars and trucks × 2.5 miles × 365 days/year × 1.25 years = 22,242,187.5 vehicle miles per 12,187 wildlife fatalities, or 1,825 vehicle miles per fatality. I predict the project would Page 338 18 generate 6,584,600vehicle miles per year, which divided by the 1,825 miles per fatality, would predict 3,608 wildlife fatalities per year. Operations over 50 years would accumulate 180,400 wildlife fatalities. It remains unknown whether and to what degree vehicle tires contribute to carcass removals from the roadway, thereby contributing a negative bias to the fatality estimates I made from the Mendelsohn et al. (2009) fatality counts. The Project’s toll on wildlife could be even higher than I predict. The DEIR does not address this impact in the least. Based on my assumptions and simple calculations, the project-generated traffic would cause substantial, significant impacts to wildlife. The DEIR needs to be revised to analyze this impact. Mitigation measures to improve wildlife safety along roads are available and are feasible, and they need exploration for their suitability with the proposed project. CUMULATIVE IMPACTS The DEIR provides no analysis of cumulative impacts to biological resources other than to imply that cumulative impacts are really just residual impacts of incomplete mitigation of project-level impacts. If that was CEQA’s standard, then cumulative effects analysis would be merely an analysis of mitigation efficacy. And if that was the standard, then I must point out that none of the project-level impacts would be offset to any degree by the proposed preconstruction surveys to be performed for nesting birds. But the DEIR’s implied standard is not the standard of analysis of cumulative effects. CEQA defines cumulative impacts, and it outlines two general approaches for performing the analysis. The DEIR needs to be revised, and it needs to include an appropriate, serious analysis of cumulative impacts. When it comes to wildlife, cumulative effects can often be interpreted as effects on the numerical capacity (Smallwood 2015), breeding success, genetic diversity, or other population performance metrics expressed at the regional scale. In the case of migrating birds, the project’s cumulative effects could be measured as numerical reductions of breeding birds at far-off breeding sites as migrating adults and next-year’s recruits lose access to stop-over habitat. In the cases of wildlife species that are susceptible to traffic collisions, the project’s contribution to ongoing and foreseeable traffic-caused mortality can be measured or predicted. Even crude predictions of cumulative impacts are imperative. The DEIR needs to be revised to adequately address the project’s potential contributions to cumulative impacts on wildlife in the region. MITIGATION BIO-1: Preconstruction survey for breeding birds Preconstruction surveys should be performed, but not as substitute for detection surveys. Preconstruction surveys are not designed or intended to reduce project impacts, let alone to reduce impacts to less than significant levels; they are not even designed to assess impacts. Preconstruction surveys are only intended as last-minute, one-time salvage and rescue operations targeting readily detectable nests or individuals Page 339 19 before they are crushed under heavy construction machinery. Because most special- status species are rare and cryptic, and because most species are expert at hiding their nests lest they get predated, most of them will not be detected by preconstruction surveys. Detection surveys are needed to inform preconstruction take-avoidance surveys by mapping out where biologists performing preconstruction surveys are most likely to find animals before the tractor blade finds them. Detection surveys were designed by species experts, often undergoing considerable deliberation and review before adoption. Detection surveys often require repeated efforts using methods known to maximize likelihoods of detection. Detection surveys are needed to assess impacts and to inform the formulation of appropriate mitigation measures, because preconstruction surveys are not intended for these roles either. What is missing from the DEIR, and what is in greater need than preconstruction surveys, are detection surveys consistent with guidelines and protocols that wildlife ecologists have uniquely developed for use with each special-status species. What is also missing is compensatory mitigation of unavoidable impacts. Following detection surveys, preconstruction surveys should be performed. However, the DEIR should be revised, and it should detail how the results of preconstruction surveys will be reported. Without reporting the results, preconstruction surveys are vulnerable to serving as an empty gesture rather than a mitigation measure. For these reasons, this mitigation measure is insufficient to reduce the project’s impacts to nesting birds to less than significant. RECOMMENDED MEASURES Detection Surveys Detection surveys are needed for each of the special-status species in Table 2. Detection surveys are needed for nesting birds and for bats. For bats, I recommend deployment of acoustic detectors and use of thermal-imaging. For birds, I recommend a nest survey, including the mapping of nest sites of each species. Breeding-season burrowing owl surveys need to be implemented, but they should be implemented prior to the circulation of a revised DEIR to more appropriately address potential impacts to burrowing owls and mitigation of those impacts. Habitat Loss and Wildlife Movement The DEIR provides no mitigation for adverse impacts from habitat loss or to regional movement of wildlife. At a minimum, substantial compensatory mitigation is needed in response to the project’s impacts from habitat loss and interference with wildlife movement, including impacts to birds and bats using the site as stop-over or staging during migration. The proposed project site composes one of the last patches of open space available to birds and bats on long-distance dispersal or migration flights. Page 340 20 Road Mortality Compensatory mitigation is needed for the increased wildlife mortality that will be caused by the project’s contribution to increased road traffic in the region. I suggest that this mitigation can be directed toward funding research to identify fatality patterns and effective impact reduction measures. Compensatory mitigation can also be provided in the form of donations to wildlife rehabilitation facilities (see below). Fund Wildlife Rehabilitation Facilities Compensatory mitigation ought also to include funding contributions to wildlife rehabilitation facilities to cover the costs of injured animals that will be delivered to these facilities for care. Most of the injuries will likely be caused by the increased trip generation of cars and trucks. Many animals need treatment caused by collision injuries and an increasing number appear to be injured by the turbulence of passing trucks. Thank you for your attention, ______________________ Shawn Smallwood, Ph.D. REFERENCES CITED Bartonička, T., R. Andrášik, M. Dula, J. Sedoník, and M. Bíl. 2018. Identification of local factors causing clustering of animal-vehicle collisions. Journal of Wildlife Management. Journal of Wildlife Management DOI: 10.1002/jwmg.21467 Bishop, C. A. and J. M. Brogan. 2013. Estimates of Avian Mortality Attributed to Vehicle Collisions in Canada. Avian Conservation and Ecology 8:2. http://dx.doi.org/10.5751/ACE-00604-080202. Brown, K., K. S. Smallwood, J. Szewczak, and B. Karas. 2016. Final 2012-2015 Report Avian and Bat Monitoring Project Vasco Winds, LLC. Prepared for NextEra Energy Resources, Livermore, California. CDFW (California Department of Fish and Wildlife). 2012. Staff Report on Burrowing Owl Mitigation. Sacramento, California. Chen, X. and S. Wu. 2014. Examining patterns of animal–vehicle collisions in Alabama, USA. Human-Wildlife Interactions 8:235-244. City of Rancho Cucamonga. 2021. Draft Environmental Impact Report for the Jersey Industrial Complex Project, SCH: 2021060608. Prepared by Birdseye Planning Group, LLC. Rancho Cucamonga, California. Page 341 21 ELMT. 2020. Habitat assessment for the proposed Jersey Industrial Complex Project located in the City of Rancho Cucamonga, San Bernardino County, California. Prepared for Birdseye Planning Group, LLC, Vista, California. Forman, T. T., D. Sperling, J. A. Bisonette, A. P. Clevenger, C. D. Cutshall, V. H. Dale, L. Fahrig, R. France, C. R. Goldman, K. Heanue, J. A. Jones, F. J. Swanson, T. Turrentine, and T. C. Winter. 2003. Road Ecology. Island Press, Covello, California. Kobylarz, B. 2001. The effect of road type and traffic intensity on amphibian road mortality. Journal of Service Learning in Conservation Biology 1:10-15. Lonsdorf, E. C. A. Sanders-Reed, C. Boal, and T. D. Allison. 2018. Modeling golden eagle-vehicle collisions to design mitigation strategies. Journal of Wildlife Management 82:1633-1644. Loss, S. R., T. Will, and P. P. Marra. 2014. Estimation of Bird-Vehicle Collision Mortality on U.S. Roads. Journal of Wildlife Management 78:763-771. Markle, C. E., S. D. Gillingwater, R. Levick, P. Chow-Fraser. 2017. The true cost of partial fencing: evaluating strategies to reduce reptile road mortality. Wildlife Society Bulletin 41:342-350. Mendelsohn, M., W. Dexter, E. Olson, and S. Weber. 2009. Vasco Road wildlife movement study report. Report to Contra Costa County Public Works Department, Martinez, California. MTC (Mizuta Traffic Consulting). 2020. Revised Trip Generation and VMT Assessment for the Jersey Industrial Complex Project. Report to Birdseye Planning Group, Vista, California. Rosenberg, K. V., A. M. Dokter, P. J. Blancher, J. R. Sauer, A. C. Smith, P. A. Smith, J. C. Stanton, A. Panjabi , L. Helft , M. Parr, and P. P. Marra. 2019. Decline of the North American avifauna. Science 10.1126/science.aaw1313 (2019). Runge, C. A., T. G. Martin, H. P. Possingham, S. G. Willis, and R. A. Fuller. 2014. Conserving mobile species. Frontiers in Ecology and Environment 12(7): 395–402, doi:10.1890/130237. Shuford, W. D., and T. Gardali, [eds.]. 2008. California bird species of special concern: a ranked assessment of species, subspecies, and distinct populations of birds of immediate conservation concern in California. Studies of Western Birds 1. Western Field Ornithologists, Camarillo, California. Smallwood, K. S. 2015. Habitat fragmentation and corridors. Pages 84-101 in M. L. Morrison and H. A. Mathewson, Eds., Wildlife habitat conservation: concepts, Page 342 22 challenges, and solutions. John Hopkins University Press, Baltimore, Maryland, USA. Taylor, P. D., S. A. Mackenzie, B. G. Thurber, A. M. Calvert, A. M. Mills, L. P. McGuire, and C. G. Guglielmo. 2011. Landscape movements of migratory birds and bats reveal an expanded scale of stopover. PlosOne 6(11): e27054. doi:10.1371/journal.pone.0027054. Warnock, N. 2010. Stopping vs. staging: the difference between a hop and a jump. Journal of Avian Biology 41:621-626. Yahner, R. H. 1982. Avian nest densities and nest-site selection in farmstead shelterbelts. The Wilson Bulletin 94:156-175. Young, H. 1948. A comparative study of nesting birds in a five-acre park. The Wilson Bulletin 61:36-47. Page 343     EXHIBIT B  Page 344 2656 29th Street, Suite 201 Santa Monica, CA 90405 Matt Hagemann, P.G, C.Hg. (949) 887-9013 mhagemann@swape.com Paul E. Rosenfeld, PhD (310) 795-2335 prosenfeld@swape.com February 8, 2022 Victoria A. Yundt Lozeau | Drury LLP 1939 Harrison Street, Suite 150 Oakland, CA 94612 Subject: Comments on the Jersey Industrial Complex Project (SCH No. 2021060608) Dear Ms. Yundt, We have reviewed the November 2021 Draft Environmental Impact Report (“DEIR”) for the Jersey Industrial Complex Project (“Project”) located in the City of Rancho Cucamonga (“City”). The Project proposes to construct a 159,580-SF building, including 143,014-SF of warehouse space, 8,127-SF of mezzanine storage space, 8,127-SF of office space, and a 312-SF electrical room, as well as 91 parking spaces, on the 7.39-acre site. Our review concludes that the DEIR fails to adequately evaluate the Project’s air quality, health risk, and greenhouse gas impacts. As a result, emissions and health risk impacts associated with construction and operation of the proposed Project are underestimated and inadequately addressed. An updated EIR should be prepared to adequately assess and mitigate the potential air quality, health risk, and greenhouse gas impacts that the project may have on the surrounding environment. Air Quality Unsubstantiated Input Parameters Used to Estimate Project Emissions The DEIR’s air quality analysis relies on emissions calculated with CalEEMod.2020.4.0 (p. 4-14).1 CalEEMod provides recommended default values based on site-specific information, such as land use type, meteorological data, total lot acreage, project type and typical equipment associated with project type. If more specific project information is known, the user can change the default values and input project-specific values, but the California Environmental Quality Act (“CEQA”) requires that such changes 1 CAPCOA (November 2017) CalEEMod User’s Guide, http://www.aqmd.gov/docs/default- source/caleemod/01_user-39-s-guide2016-3-2_15november2017.pdf?sfvrsn=4. Page 345 2 be justified by substantial evidence. Once all of the values are inputted into the model, the Project's construction and operational emissions are calculated, and "output files" are generated. These output files disclose to the reader what parameters are utilized in calculating the Project's air pollutant emissions and make known which default values are changed as well as provide justification for the values selected. When reviewing the Project’s CalEEMod output files, provided in the Air Quality Report (“AQ Report”) as Appendix B to the DEIR, we found that several model inputs were not consistent with information disclosed in the DEIR. As a result, the Project’s construction and operational emissions are underestimated. As a result, an updated EIR should be prepared to include an updated air quality analysis that adequately evaluates the impacts that construction and operation of the Project will have on local and regional air quality. Failure to Model All Proposed Land Uses Regarding the Project’s proposed land uses, the DEIR provides the following table (see excerpt below) (p. 3-6): As demonstrated above, the model should have included 8,127-SF of office space in addition to 151,455- SF of warehouse space.2 However, review of the CalEEMod output files demonstrates that the “Jersey Industrial Complex LDV” and “Jersey Industrial Complex HDV” models include all 159,580-SF as “Unrefrigerated Warehouse-No Rail” (see excerpt below) (Appendix B, pp. 58, 86, 115, 148). As you can see in the excerpt above, the model fails to distinguish between the warehouse and office land uses. This inconsistency presents an issue, as CalEEMod includes 63 different land use types that are each assigned a distinctive set of energy usage emission factors.3 Furthermore, each land use type 2 Calculated: 143,014-SF warehouse space + 8,127-SF mezzanine storage + 314 electrical room = 151,455-SF total warehouse space. 3 “CalEEMod User’s Guide, Appendix D.” CAPCOA, September 2016, available at: http://www.aqmd.gov/docs/default-source/caleemod/upgrades/2016.3/05_appendix-d2016-3-1.pdf?sfvrsn=2. Page 346 3 includes a specific trip rate that CalEEMod uses to calculate mobile-source emissions.4 Thus, by failing to include all proposed land use types, the model may underestimate the Project’s construction-related and operational emissions and should not be relied upon to determine Project significance. Incorrect Application of Area-Related Operational Mitigation Measures Review of the CalEEMod output files demonstrates that the “Jersey Industrial Complex LDV” and “Jersey Industrial Complex HDV” models include the following area-related operational mitigation measures (see excerpt below) (Appendix B, pp. 82, 111, 140, 174). Furthermore, the models include the following area-related operational mitigation measure associated with parking (Appendix B, pp. 59, 87, 116, 149): As previously mentioned, the CalEEMod User’s Guide requires any changes to model defaults be justified.5 However the “User Entered Comments & Non-Default Data” table fails to provide a justification for the above changes. Furthermore, regarding the use of low VOC paint, the DEIR states: “In addition to SCAQMD Rule 403 requirements, emissions modeling also accounts for the use of low-VOC paint (50 grams/Liter (g/L) for non-flat coatings and 100 g/L for pavement coatings) as required by SCAQMD Rule 1113” (p. 4-22). However, these justifications are insufficient for three reasons. First, the inclusion of the operational mitigation measures, based on the Project’s purported compliance with SCAQMD Rule 1113, is unsupported. As previously stated, according to the AEP CEQA Portal Topic Paper on mitigation measures: “By definition, mitigation measures are not part of the original project design. Rather, mitigation measures are actions taken by the lead agency to reduce impacts to the environment resulting from the original project design. Mitigation measures are identified by the lead agency after the 4 “CalEEMod User’s Guide.” CAPCOA, May 2021, available at: http://www.aqmd.gov/docs/default- source/caleemod/user-guide-2021/01_user-39-s-guide2020-4-0.pdf?sfvrsn=6, p. 29. 5 CalEEMod User Guide, available at: http://www.caleemod.com/, p. 2, 9 Page 347 4 project has undergone environmental review and are above-and-beyond existing laws, regulations, and requirements that would reduce environmental impacts.”6 As you can see in the excerpt above, mitigation measures “are not part of the original project design” and are intended to go “above-and-beyond” existing regulatory requirements. As such, the inclusion of these measures, based on the Project’s compliance with SCAQMD Rule 1113, is unsubstantiated. Second, the DEIR fails to formally include the above-mentioned design features as formal mitigation measures. This is incorrect, as AEP guidance states: “While not “mitigation”, a good practice is to include those project design feature(s) that address environmental impacts in the mitigation monitoring and reporting program (MMRP). Often the MMRP is all that accompanies building and construction plans through the permit process. If the design features are not listed as important to addressing an environmental impact, it is easy for someone not involved in the original environmental process to approve a change to the project that could eliminate one or more of the design features without understanding the resulting environmental impact” (emphasis added).7 As you can see in the excerpt above, design features that are not formally included as mitigation measures in a Mitigation Monitoring and Reporting Program (“MMRP”) may be eliminated from the Project’s design altogether. Thus, as the above-mentioned area-related operational measures are not formally included as mitigation measures, we cannot guarantee that they would be implemented, monitored, and enforced on the Project site. Third, we cannot verify the area-related operational mitigation measures based on SCAQMD Rule 1113 alone. The SCAQMD Rule 1113 Table of Standards provides the required VOC limits (grams of VOC per liter of coating) for 57 different coating categories (e.g., Floor coatings, Faux Finishing Coatings, Fire- Proofing Coatings, Cement Coatings, Multi-Color Coatings, Primers, Sealers, Recycled Coatings, Shellac, Stains, Traffic Coatings, Waterproofing Sealers, Wood Coatings, etc.).8 The VOC limits for each coating varies from a minimum value of 50 g/L to a maximum value of 730 g/L. As such, we cannot verify that SCAQMD Rule 1113 substantiates a reduction to the default coating values without more information regarding what category of coating will be used. As the DEIR and associated documents fail explicitly require the Project use non-flat and pavement coatings, we are unable to verify the use of low VOC paint would actually be implemented, monitored, and enforced on the Project site. As a result, the inclusion of the above-mentioned area-related operational mitigation measures in the model is incorrect. By including several mitigation measures without properly committing to their 6 “CEQA Portal Topic Paper Mitigation Measures.” AEP, February 2020, available at: https://ceqaportal.org/tp/CEQA%20Mitigation%202020.pdf, p. 5. 7 “CEQA Portal Topic Paper Mitigation Measures.” AEP, February 2020, available at: https://ceqaportal.org/tp/CEQA%20Mitigation%202020.pdf, p. 6. 8 SCAQMD Rule 1113 Advisory Notice.” SCAQMD, February 2016, available at: http://www.aqmd.gov/docs/default-source/rule-book/reg-xi/r1113.pdf?sfvrsn=24, p. 1113-14, Table of Standards 1. Page 348 5 implementation, the model may underestimate the Project’s operational emissions and should not be relied upon to determine Project significance. Diesel Particulate Matter Health Risk Emissions Inadequately Evaluated The DEIR concludes that the Project would have a less-than-significant health risk impact without conducting a quantified construction or operational health risk analysis (“HRA”) (p. 4-22 – 4-23). Regarding the health risk impacts associated with Project construction, the DEIR states: “The greatest potential for toxic air contaminant emissions would be related to diesel particulate emissions associated with heavy equipment operations during construction of the proposed project and truck traffic. According to SCAQMD methodology, health effects from carcinogenic air toxics are usually described in terms of “individual cancer risk”. “Individual Cancer Risk” is the likelihood that a person exposed to concentrations of toxic air contaminants over a 70-year lifetime will contract cancer, based on the use of standard risk-assessment methodology. Given the short-term construction schedule, the proposed project would not result in a long-term (i.e., 70 years) substantial source of toxic air contaminant emissions and related individual cancer risk. Therefore, no significant short-term toxic air contaminant impacts would occur during construction of the proposed project” (p. 4-22 – 4-23). As demonstrated above, the DEIR concludes that the Project would result in a less-than-significant construction-related health risk impact because the short-term construction duration would not result in substantial toxic air contaminant (“TAC”) emissions. Furthermore, regarding the health risk impacts associated with Project operation, the DEIR states: “While truck operation would generate DPM, the site is located along an unrestricted truck route (Milliken Avenue) within the City of Rancho Cucamonga per Section 10.56.010 of the Municipal Code. The California Air Resources Board (CARB) Air Quality and Land Use Handbook (2005) recommends avoiding the siting of new sensitive receptors within 500 feet of an urban roadway with 100,000 vehicles daily. Traffic counts from 2015 show daily volumes on Milliken Avenue in proximity to Jersey Boulevard are 30,310. If these volumes are factored up by 2% annually, the 2021 volumes would be approximately 34,134. This is less than the recommended threshold. The project is not a sensitive use and project traffic would utilize an existing truck route. The nearest receptor is located approximately one-half mile south of the site along Milliken Avenue and daily volumes are less than the CARB recommended threshold. Thus, project-related truck traffic would not pose a health risk or justify further evaluation in a health risk assessment” (p. 4-23 – 4-24). As demonstrated above, the DEIR concludes that the Project would result in a less-than-significant operational health risk impact because the nearest sensitive receptor is located a half mile from the Project site and the traffic volumes along Milliken Avenue are less than the CARB recommended threshold. However, the DEIR’s evaluation of the Project’s potential health risk impacts, as well as the subsequent less-than-significant impact conclusion, is incorrect for three reasons. Page 349 6 First, by failing to prepare a quantified construction and operational HRA, the Project is inconsistent with CEQA’s requirement to correlate the increase in emissions that the Project would generate to the adverse impacts on human health caused by those emissions. 9 This is incorrect, as construction of the proposed Project would produce diesel particulate matter (“DPM”) emissions through the exhaust stacks of construction equipment over a potential construction period of approximately 12 months (p. 3- 6). Furthermore, regardless of the DEIR’s claims, the Project would generate truck trips that would generate additional exhaust emissions and continue to expose nearby sensitive receptors to DPM emissions during Project operation. However, the DEIR fails to evaluate Project-generated TACs or indicate the concentrations at which such pollutants would trigger adverse health effects. Thus, without making a reasonable effort to connect the Project’s construction-related and operational TAC emissions to the potential health risks posed to nearby receptors, the DEIR is inconsistent with CEQA’s requirement to correlate the increase in emissions generated by the Project with the potential adverse impacts on human health. Second, the Office of Environmental Health Hazard Assessment (“OEHHA”), the organization responsible for providing guidance on conducting HRAs in California, released its most recent Risk Assessment Guidelines: Guidance Manual for Preparation of Health Risk Assessments in February 2015.10 This guidance document describes the types of projects that warrant the preparation of an HRA. The OEHHA document recommends that all short-term projects lasting at least two months be evaluated for cancer risks to nearby sensitive receptors. As the Project’s construction duration exceeds the 2-month requirement set forth by OEHHA, it is clear that the Project meets the threshold warranting a quantified HRA under OEHHA guidance. Furthermore, the OEHHA document recommends that exposure from projects lasting more than 6 months be evaluated for the duration of the project and recommends that an exposure duration of 30 years be used to estimate individual cancer risk for the maximally exposed individual resident (“MEIR”). Even though we were not provided with the expected lifetime of the Project, we can reasonably assume that the Project will operate for at least 30 years, if not more. Therefore, we recommend that health risk impacts from Project operation also be evaluated, as a 30- year exposure duration vastly exceeds the 6-month requirement set forth by OEHHA. These recommendations reflect the most recent state health risk policies, and as such, we recommend that an analysis of health risk impacts posed to nearby sensitive receptors from Project-generated DPM emissions be included in an updated EIR for the Project. Third, by claiming a less than significant impact without conducting a quantified construction or operational HRA for nearby, existing sensitive receptors, the DEIR fails to compare the excess health risk impact to the SCAQMD’s specific numeric threshold of 10 in one million.11 Thus, in accordance with the 9 “Sierra Club v. County of Fresno.” Supreme Court of California, December 2018, available at: https://ceqaportal.org/decisions/1907/Sierra%20Club%20v.%20County%20of%20Fresno.pdf. 10 “Risk Assessment Guidelines: Guidance Manual for Preparation of Health Risk Assessments.” OEHHA, February 2015, available at: https://oehha.ca.gov/media/downloads/crnr/2015guidancemanual.pdf. 11 “South Coast AQMD Air Quality Significance Thresholds.” SCAQMD, April 2019, available at: http://www.aqmd.gov/docs/default-source/ceqa/handbook/scaqmd-air-quality-significance-thresholds.pdf. Page 350 7 most relevant guidance, an assessment of the health risk posed to nearby, existing receptors from Project construction and operation should have been conducted. Greenhouse Gas Failure to Adequately Evaluate Greenhouse Gas Impacts The DEIR estimates that the Project would generate net annual greenhouse gas (“GHG”) emissions of 2,410 metric tons of carbon dioxide equivalents per year (“MT CO2e/year”), which would not exceed the SCAQMD threshold of 10,000 MT CO2e/year (see excerpt below) (p. 4-75, Table 4.5-1). Furthermore, the DEIR relies upon the Project’s consistency with the City of Rancho Cucamonga Sustainable Community Action Plan, CARB’s 2017 Scoping Plan, and Connect SoCal 2020-2045 RTP/SCS in order to conclude that the Project would result in a less-than-significant GHG impact (p. 4-77 – 4-81). However, the DEIR’s GHG analysis, as well as the subsequent less-than-significant impact conclusion, is incorrect for three reasons. (1) The DEIR’s quantitative GHG analysis relies upon an incorrect and unsubstantiated air model; (2) The DEIR fails to consider the performance-based standards under CARB’s Scoping Plan; and (3) The DEIR fails to consider the performance-based standards under SCAG’s RTP/SCS. 1) Incorrect and Unsubstantiated Quantitative Analysis of Emissions As previously stated, the DEIR estimates that the Project would generate net annual GHG emissions of 2,410 MT CO2e/year (p. 4-75, Table 4.5-1). However, the DEIR’s quantitative GHG analysis is unsubstantiated. As previously discussed, when we reviewed the Project's CalEEMod output files, provided in the AQ Report as Appendix B to the DEIR, we found that several of the values inputted into the model are not consistent with information disclosed in the DEIR. As a result, the model Page 351 8 underestimates the Project’s emissions, and the DEIR’s quantitative GHG analysis should not be relied upon to determine Project significance. An updated EIR should be prepared that adequately assesses the potential GHG impacts that construction and operation of the proposed Project may have on the surrounding environment. 2) Failure to Consider Performance-based Standards Under CARB’s 2017 Scoping Plan As previously discussed, the DEIR concludes that the Project would be consistent with CARB’s 2017 Climate Change Scoping Plan (p. 4-77 – 4-81). However, this is incorrect, as the DEIR fails to consider performance-based measures proposed by CARB. i. Passenger & Light Duty VMT Per Capita Benchmarks per SB 375 In reaching the State’s long-term GHG emission reduction goals, CARB’s 2017 Scoping Plan explicitly cites to SB 375 and the VMT reductions anticipated under the implementation of Sustainable Community Strategies.12 CARB has identified the population and daily VMT from passenger autos and light-duty vehicles at the state and county level for each year between 2010 to 2050 under a “baseline scenario” that includes “current projections of VMT included in the existing Regional Transportation Plans/Sustainable Communities Strategies (RTP/SCSs) adopted by the State’s 18 Metropolitan Planning Organizations (MPOs) pursuant to SB 375 as of 2015.”13 By dividing the projected daily VMT by the population, we calculated the daily VMT per capita for each year at the state and county level for 2010 (baseline year), 2023 (Project operational year), and 2030 (target years under SB 32) (see table below). 2017 Scoping Plan Daily VMT Per Capita San Bernardino County State Year Population LDV VMT Baseline VMT Per Capita Population LDV VMT Baseline VMT Per Capita 2010 2,043,484 55,741,307.23 27.28 37,335,085 836,463,980.46 22.40 2023 2,302,993 62,347,922.72 27.07 41,659,526 924,184,228.61 22.18 2030 2,478,888 65,538,854.28 26.44 43,939,250 957,178,153.19 21.78 As the DEIR fails to evaluate the Project’s consistency with the CARB 2017 Scoping Plan performance- based daily VMT per capita projections, the DEIR’s claim that the proposed Project would not conflict with the CARB 2017 Scoping Plan is unsupported. An updated EIR should be prepared for the proposed Project to provide additional information and analysis to conclude less-than-significant GHG impacts. 3) Failure to Consider Performance-based Standards under SCAG’s RTP/SCS As previously discussed, the DEIR concludes that the Project would be consistent with SCAG’s RTP/SCS (p. 4-77). However, the DEIR fails to consider whether or not the Project meets any of the specific 12 “California’s 2017 Climate Change Scoping Plan.” CARB, November 2017, available at: https://ww3.arb.ca.gov/cc/scopingplan/scoping_plan_2017.pdf, p. 25, 98, 101-103. 13 “Supporting Calculations for 2017 Scoping Plan-Identified VMT Reductions,” Excel Sheet “Readme.” CARB, January 2019, available at: https://ww2.arb.ca.gov/sites/default/files/2019- 01/sp_mss_vmt_calculations_jan19_0.xlsx. Page 352 9 performance-based goals underlying SCAG’s RTP/SCS and SB 375, such as: i) per capita GHG emission targets, or ii) daily vehicles miles traveled (“VMT”) per capita benchmarks. i. SB 375 Per Capita GHG Emission Goals SB 375 was signed into law in September 2008 to enhance the state’s ability to reach AB 32 goals by directing CARB to develop regional 2020 and 2035 GHG emission reduction targets for passenger vehicles (autos and light-duty trucks). In March 2018, CARB adopted updated regional targets requiring a 19 percent decrease in VMT for the SCAG region by 2035. This goal is reflected in SCAG’s 2020 RTP/SCS Program Environmental Impact Report (“PEIR”), in which the 2020 RTP/SCS PEIR updates the per capita emissions to 18.8 lbs/day in 2035 (see excerpt below). 14 As the DEIR fails to evaluate the Project’s consistency with the SCAG’s per capita emissions, the DEIR’s claim that the proposed Project would not conflict with SCAG’s RTP/SCS is unsupported. An updated EIR should be prepared for the proposed Project to provide additional information and analysis to conclude less-than-significant GHG impacts. ii. SB 375 RTP/SCS Daily VMT Per Capita Target Under the SCAG’s 2020 RTP/SCS, daily VMT per capita in the SCAG region should decrease from 23.2 VMT in 2016 to 20.7 VMT by 2045.15 Daily VMT per capita in Los Angeles County should decrease from 22.2 to 19.2 VMT during that same period.16 Here, however, the DEIR fails to consider any of the above- mentioned performance-based VMT targets. As the DEIR fails to evaluate the Project’s consistency with the SCAG’s performance-based daily VMT per capita projections, the DEIR’s claim that the proposed Project would not conflict with SCAG’s RTP/SCS is unsupported. An updated EIR should be prepared for 14 “Connect SoCal Certified Final Program Environmental Impact Report.” SCAG, May 2020, available at: https://scag.ca.gov/sites/main/files/file-attachments/fpeir_connectsocal_complete.pdf?1607981618, p. 3.8-74. 15 “Connect SoCal.” SCAG, September 2020, available at: https://scag.ca.gov/sites/main/files/file- attachments/0903fconnectsocal-plan_0.pdf?1606001176, pp. 138. 16 “Connect SoCal.” SCAG, September 2020, available at: https://scag.ca.gov/sites/main/files/file- attachments/0903fconnectsocal-plan_0.pdf?1606001176, pp. 138. Page 353 10 the proposed Project to provide additional information and analysis to conclude less-than-significant GHG impacts. Disclaimer SWAPE has received limited discovery regarding this project. Additional information may become available in the future; thus, we retain the right to revise or amend this report when additional information becomes available. Our professional services have been performed using that degree of care and skill ordinarily exercised, under similar circumstances, by reputable environmental consultants practicing in this or similar localities at the time of service. No other warranty, expressed or implied, is made as to the scope of work, work methodologies and protocols, site conditions, analytical testing results, and findings presented. This report reflects efforts which were limited to information that was reasonably accessible at the time of the work, and may contain informational gaps, inconsistencies, or otherwise be incomplete due to the unavailability or uncertainty of information obtained or provided by third parties. Sincerely, Matt Hagemann, P.G., C.Hg. Paul E. Rosenfeld, Ph.D. Attachment A: Matt Hagemann CV Attachment B: Paul E. Rosenfeld CV Page 354 2656 29th Street, Suite 201 Santa Monica, CA 90405 Matt Hagemann, P.G, C.Hg. (949) 887-9013 mhagemann@swape.com Matthew F. Hagemann, P.G., C.Hg., QSD, QSP Geologic and Hydrogeologic Characterization Investigation and Remediation Strategies Litigation Support and Testifying Expert Industrial Stormwater Compliance CEQA Review Education: M.S. Degree, Geology, California State University Los Angeles, Los Angeles, CA, 1984. B.A. Degree, Geology, Humboldt State University, Arcata, CA, 1982. Professional Certifications: California Professional Geologist California Certified Hydrogeologist Qualified SWPPP Developer and Practitioner Professional Experience: Matt has 30 years of experience in environmental policy, contaminant assessment and remediation, stormwater compliance, and CEQA review. He spent nine years with the U.S. EPA in the RCRA and Superfund programs and served as EPA’s Senior Science Policy Advisor in the Western Regional Office where he identified emerging threats to groundwater from perchlorate and MTBE. While with EPA, Matt also served as a Senior Hydrogeologist in the oversight of the assessment of seven major military facilities undergoing base closure. He led numerous enforcement actions under provisions of the Resource Conservation and Recovery Act (RCRA) and directed efforts to improve hydrogeologic characterization and water quality monitoring. For the past 15 years, as a founding partner with SWAPE, Matt has developed extensive client relationships and has managed complex projects that include consultation as an expert witness and a regulatory specialist, and a manager of projects ranging from industrial stormwater compliance to CEQA review of impacts from hazardous waste, air quality and greenhouse gas emissions. Positions Matt has held include: •Founding Partner, Soil/Water/Air Protection Enterprise (SWAPE) (2003 – present); •Geology Instructor, Golden West College, 2010 – 2104, 2017; •Senior Environmental Analyst, Komex H2O Science, Inc. (2000 ‐‐ 2003); Attachment E Page 355 2 • Executive Director, Orange Coast Watch (2001 – 2004); • Senior Science Policy Advisor and Hydrogeologist, U.S. Environmental Protection Agency (1989– 1998); • Hydrogeologist, National Park Service, Water Resources Division (1998 – 2000); • Adjunct Faculty Member, San Francisco State University, Department of Geosciences (1993 – 1998); • Instructor, College of Marin, Department of Science (1990 – 1995); • Geologist, U.S. Forest Service (1986 – 1998); and • Geologist, Dames & Moore (1984 – 1986). Senior Regulatory and Litigation Support Analyst: With SWAPE, Matt’s responsibilities have included: • Lead analyst and testifying expert in the review of over 300 environmental impact reports and negative declarations since 2003 under CEQA that identify significant issues with regard to hazardous waste, water resources, water quality, air quality, greenhouse gas emissions, and geologic hazards. Make recommendations for additional mitigation measures to lead agencies at the local and county level to include additional characterization of health risks and implementation of protective measures to reduce worker exposure to hazards from toxins and Valley Fever. • Stormwater analysis, sampling and best management practice evaluation at more than 100 industrial facilities. • Expert witness on numerous cases including, for example, perfluorooctanoic acid (PFOA) contamination of groundwater, MTBE litigation, air toxins at hazards at a school, CERCLA compliance in assessment and remediation, and industrial stormwater contamination. • Technical assistance and litigation support for vapor intrusion concerns. • Lead analyst and testifying expert in the review of environmental issues in license applications for large solar power plants before the California Energy Commission. • Manager of a project to evaluate numerous formerly used military sites in the western U.S. • Manager of a comprehensive evaluation of potential sources of perchlorate contamination in Southern California drinking water wells. • Manager and designated expert for litigation support under provisions of Proposition 65 in the review of releases of gasoline to sources drinking water at major refineries and hundreds of gas stations throughout California. With Komex H2O Science Inc., Matt’s duties included the following: • Senior author of a report on the extent of perchlorate contamination that was used in testimony by the former U.S. EPA Administrator and General Counsel. • Senior researcher in the development of a comprehensive, electronically interactive chronology of MTBE use, research, and regulation. • Senior researcher in the development of a comprehensive, electronically interactive chronology of perchlorate use, research, and regulation. • Senior researcher in a study that estimates nationwide costs for MTBE remediation and drinking water treatment, results of which were published in newspapers nationwide and in testimony against provisions of an energy bill that would limit liability for oil companies. • Research to support litigation to restore drinking water supplies that have been contaminated by MTBE in California and New York. Page 356 3 • Expert witness testimony in a case of oil production‐related contamination in Mississippi. • Lead author for a multi‐volume remedial investigation report for an operating school in Los Angeles that met strict regulatory requirements and rigorous deadlines. • Development of strategic approaches for cleanup of contaminated sites in consultation with clients and regulators. Executive Director: As Executive Director with Orange Coast Watch, Matt led efforts to restore water quality at Orange County beaches from multiple sources of contamination including urban runoff and the discharge of wastewater. In reporting to a Board of Directors that included representatives from leading Orange County universities and businesses, Matt prepared issue papers in the areas of treatment and disinfection of wastewater and control of the discharge of grease to sewer systems. Matt actively participated in the development of countywide water quality permits for the control of urban runoff and permits for the discharge of wastewater. Matt worked with other nonprofits to protect and restore water quality, including Surfrider, Natural Resources Defense Council and Orange County CoastKeeper as well as with business institutions including the Orange County Business Council. Hydrogeology: As a Senior Hydrogeologist with the U.S. Environmental Protection Agency, Matt led investigations to characterize and cleanup closing military bases, including Mare Island Naval Shipyard, Hunters Point Naval Shipyard, Treasure Island Naval Station, Alameda Naval Station, Moffett Field, Mather Army Airfield, and Sacramento Army Depot. Specific activities were as follows: • Led efforts to model groundwater flow and contaminant transport, ensured adequacy of monitoring networks, and assessed cleanup alternatives for contaminated sediment, soil, and groundwater. • Initiated a regional program for evaluation of groundwater sampling practices and laboratory analysis at military bases. • Identified emerging issues, wrote technical guidance, and assisted in policy and regulation development through work on four national U.S. EPA workgroups, including the Superfund Groundwater Technical Forum and the Federal Facilities Forum. At the request of the State of Hawaii, Matt developed a methodology to determine the vulnerability of groundwater to contamination on the islands of Maui and Oahu. He used analytical models and a GIS to show zones of vulnerability, and the results were adopted and published by the State of Hawaii and County of Maui. As a hydrogeologist with the EPA Groundwater Protection Section, Matt worked with provisions of the Safe Drinking Water Act and NEPA to prevent drinking water contamination. Specific activities included the following: • Received an EPA Bronze Medal for his contribution to the development of national guidance for the protection of drinking water. • Managed the Sole Source Aquifer Program and protected the drinking water of two communities through designation under the Safe Drinking Water Act. He prepared geologic reports, conducted Page 357 4 public hearings, and responded to public comments from residents who were very concerned about the impact of designation. • Reviewed a number of Environmental Impact Statements for planned major developments, including large hazardous and solid waste disposal facilities, mine reclamation, and water transfer. Matt served as a hydrogeologist with the RCRA Hazardous Waste program. Duties were as follows: • Supervised the hydrogeologic investigation of hazardous waste sites to determine compliance with Subtitle C requirements. • Reviewed and wrote ʺpart Bʺ permits for the disposal of hazardous waste. • Conducted RCRA Corrective Action investigations of waste sites and led inspections that formed the basis for significant enforcement actions that were developed in close coordination with U.S. EPA legal counsel. • Wrote contract specifications and supervised contractor’s investigations of waste sites. With the National Park Service, Matt directed service‐wide investigations of contaminant sources to prevent degradation of water quality, including the following tasks: • Applied pertinent laws and regulations including CERCLA, RCRA, NEPA, NRDA, and the Clean Water Act to control military, mining, and landfill contaminants. • Conducted watershed‐scale investigations of contaminants at parks, including Yellowstone and Olympic National Park. • Identified high‐levels of perchlorate in soil adjacent to a national park in New Mexico and advised park superintendent on appropriate response actions under CERCLA. • Served as a Park Service representative on the Interagency Perchlorate Steering Committee, a national workgroup. • Developed a program to conduct environmental compliance audits of all National Parks while serving on a national workgroup. • Co‐authored two papers on the potential for water contamination from the operation of personal watercraft and snowmobiles, these papers serving as the basis for the development of nation‐ wide policy on the use of these vehicles in National Parks. • Contributed to the Federal Multi‐Agency Source Water Agreement under the Clean Water Action Plan. Policy: Served senior management as the Senior Science Policy Advisor with the U.S. Environmental Protection Agency, Region 9. Activities included the following: • Advised the Regional Administrator and senior management on emerging issues such as the potential for the gasoline additive MTBE and ammonium perchlorate to contaminate drinking water supplies. • Shaped EPA’s national response to these threats by serving on workgroups and by contributing to guidance, including the Office of Research and Development publication, Oxygenates in Water: Critical Information and Research Needs. • Improved the technical training of EPAʹs scientific and engineering staff. • Earned an EPA Bronze Medal for representing the region’s 300 scientists and engineers in negotiations with the Administrator and senior management to better integrate scientific Page 358 5 principles into the policy‐making process. • Established national protocol for the peer review of scientific documents. Geology: With the U.S. Forest Service, Matt led investigations to determine hillslope stability of areas proposed for timber harvest in the central Oregon Coast Range. Specific activities were as follows: • Mapped geology in the field, and used aerial photographic interpretation and mathematical models to determine slope stability. • Coordinated his research with community members who were concerned with natural resource protection. • Characterized the geology of an aquifer that serves as the sole source of drinking water for the city of Medford, Oregon. As a consultant with Dames and Moore, Matt led geologic investigations of two contaminated sites (later listed on the Superfund NPL) in the Portland, Oregon, area and a large hazardous waste site in eastern Oregon. Duties included the following: • Supervised year‐long effort for soil and groundwater sampling. • Conducted aquifer tests. • Investigated active faults beneath sites proposed for hazardous waste disposal. Teaching: From 1990 to 1998, Matt taught at least one course per semester at the community college and university levels: • At San Francisco State University, held an adjunct faculty position and taught courses in environmental geology, oceanography (lab and lecture), hydrogeology, and groundwater contamination. • Served as a committee member for graduate and undergraduate students. • Taught courses in environmental geology and oceanography at the College of Marin. Matt is currently a part time geology instructor at Golden West College in Huntington Beach, California where he taught from 2010 to 2014 and in 2017. Invited Testimony, Reports, Papers and Presentations: Hagemann, M.F., 2008. Disclosure of Hazardous Waste Issues under CEQA. Presentation to the Public Environmental Law Conference, Eugene, Oregon. Hagemann, M.F., 2008. Disclosure of Hazardous Waste Issues under CEQA. Invited presentation to U.S. EPA Region 9, San Francisco, California. Hagemann, M.F., 2005. Use of Electronic Databases in Environmental Regulation, Policy Making and Public Participation. Brownfields 2005, Denver, Coloradao. Hagemann, M.F., 2004. Perchlorate Contamination of the Colorado River and Impacts to Drinking Water in Nevada and the Southwestern U.S. Presentation to a meeting of the American Groundwater Trust, Las Vegas, NV (served on conference organizing committee). Page 359 6 Hagemann, M.F., 2004. Invited testimony to a California Senate committee hearing on air toxins at schools in Southern California, Los Angeles. Brown, A., Farrow, J., Gray, A. and Hagemann, M., 2004. An Estimate of Costs to Address MTBE Releases from Underground Storage Tanks and the Resulting Impact to Drinking Water Wells. Presentation to the Ground Water and Environmental Law Conference, National Groundwater Association. Hagemann, M.F., 2004. Perchlorate Contamination of the Colorado River and Impacts to Drinking Water in Arizona and the Southwestern U.S. Presentation to a meeting of the American Groundwater Trust, Phoenix, AZ (served on conference organizing committee). Hagemann, M.F., 2003. Perchlorate Contamination of the Colorado River and Impacts to Drinking Water in the Southwestern U.S. Invited presentation to a special committee meeting of the National Academy of Sciences, Irvine, CA. Hagemann, M.F., 2003. Perchlorate Contamination of the Colorado River. Invited presentation to a tribal EPA meeting, Pechanga, CA. Hagemann, M.F., 2003. Perchlorate Contamination of the Colorado River. Invited presentation to a meeting of tribal repesentatives, Parker, AZ. Hagemann, M.F., 2003. Impact of Perchlorate on the Colorado River and Associated Drinking Water Supplies. Invited presentation to the Inter‐Tribal Meeting, Torres Martinez Tribe. Hagemann, M.F., 2003. The Emergence of Perchlorate as a Widespread Drinking Water Contaminant. Invited presentation to the U.S. EPA Region 9. Hagemann, M.F., 2003. A Deductive Approach to the Assessment of Perchlorate Contamination. Invited presentation to the California Assembly Natural Resources Committee. Hagemann, M.F., 2003. Perchlorate: A Cold War Legacy in Drinking Water. Presentation to a meeting of the National Groundwater Association. Hagemann, M.F., 2002. From Tank to Tap: A Chronology of MTBE in Groundwater. Presentation to a meeting of the National Groundwater Association. Hagemann, M.F., 2002. A Chronology of MTBE in Groundwater and an Estimate of Costs to Address Impacts to Groundwater. Presentation to the annual meeting of the Society of Environmental Journalists. Hagemann, M.F., 2002. An Estimate of the Cost to Address MTBE Contamination in Groundwater (and Who Will Pay). Presentation to a meeting of the National Groundwater Association. Hagemann, M.F., 2002. An Estimate of Costs to Address MTBE Releases from Underground Storage Tanks and the Resulting Impact to Drinking Water Wells. Presentation to a meeting of the U.S. EPA and State Underground Storage Tank Program managers. Page 360 7 Hagemann, M.F., 2001. From Tank to Tap: A Chronology of MTBE in Groundwater. Unpublished report. Hagemann, M.F., 2001. Estimated Cleanup Cost for MTBE in Groundwater Used as Drinking Water. Unpublished report. Hagemann, M.F., 2001. Estimated Costs to Address MTBE Releases from Leaking Underground Storage Tanks. Unpublished report. Hagemann, M.F., and VanMouwerik, M., 1999. Potential W a t e r Quality Concerns Related to Snowmobile Usage. Water Resources Division, National Park Service, Technical Report. VanMouwerik, M. and Hagemann, M.F. 1999, Water Quality Concerns Related to Personal Watercraft Usage. Water Resources Division, National Park Service, Technical Report. Hagemann, M.F., 1999, Is Dilution the Solution to Pollution in National Parks? The George Wright Society Biannual Meeting, Asheville, North Carolina. Hagemann, M.F., 1997, The Potential for MTBE to Contaminate Groundwater. U.S. EPA Superfund Groundwater Technical Forum Annual Meeting, Las Vegas, Nevada. Hagemann, M.F., and Gill, M., 1996, Impediments to Intrinsic Remediation, Moffett Field Naval Air Station, Conference on Intrinsic Remediation of Chlorinated Hydrocarbons, Salt Lake City. Hagemann, M.F., Fukunaga, G.L., 1996, The Vulnerability of Groundwater to Anthropogenic Contaminants on the Island of Maui, Hawaii. Hawaii Water Works Association Annual Meeting, Maui, October 1996. Hagemann, M. F., Fukanaga, G. L., 1996, Ranking Groundwater Vulnerability in Central Oahu, Hawaii. Proceedings, Geographic Information Systems in Environmental Resources Management, Air and Waste Management Association Publication VIP‐61. Hagemann, M.F., 1994. Groundwater Ch ar ac te r i z a t i o n and Cl ean up a t Closing Military Bases in California. Proceedings, California Groundwater Resources Association Meeting. Hagemann, M.F. and Sabol, M.A., 1993. Role of the U.S. EPA in the High Plains States Groundwater Recharge Demonstration Program. Proceedings, Sixth Biennial Symposium on the Artificial Recharge of Groundwater. Hagemann, M.F., 1993. U.S. EPA Policy on the Technical Impracticability of the Cleanup of DNAPL‐ contaminated Groundwater. California Groundwater Resources Association Meeting. Page 361 8 Hagemann, M.F., 1992. Dense Nonaqueous Phase Liquid Contamination of Groundwater: An Ounce of Prevention... Proceedings, Association of Engineering Geologists Annual Meeting, v. 35. Other Experience: Selected as subject matter expert for the California Professional Geologist licensing examinations, 2009‐2011. Page 362 SOIL WATER AIR PROTECTION ENTERPRISE 2656 29th Street, Suite 201 Santa Monica, California 90405 Attn: Paul Rosenfeld, Ph.D. Mobil: (310) 795-2335 Office: (310) 452-5555 Fax: (310) 452-5550 Email: prosenfeld@swape.com Paul E. Rosenfeld, Ph.D. Page 1 of 10 October 2021 Paul Rosenfeld, Ph.D.Chemical Fate and Transport & Air Dispersion Modeling Principal Environmental Chemist Risk Assessment & Remediation Specialist Education Ph.D. Soil Chemistry, University of Washington, 1999. Dissertation on volatile organic compound filtration. M.S. Environmental Science, U.C. Berkeley, 1995. Thesis on organic waste economics. B.A. Environmental Studies, U.C. Santa Barbara, 1991. Thesis on wastewater treatment. Professional Experience Dr. Rosenfeld has over 25 years’ experience conducting environmental investigations and risk assessments for evaluating impacts to human health, property, and ecological receptors. His expertise focuses on the fate and transport of environmental contaminants, human health risk, exposure assessment, and ecological restoration. Dr. Rosenfeld has evaluated and modeled emissions from oil spills, landfills, boilers and incinerators, process stacks, storage tanks, confined animal feeding operations, industrial, military and agricultural sources, unconventional oil drilling operations, and locomotive and construction engines. His project experience ranges from monitoring and modeling of pollution sources to evaluating impacts of pollution on workers at industrial facilities and residents in surrounding communities. Dr. Rosenfeld has also successfully modeled exposure to contaminants distributed by water systems and via vapor intrusion. Dr. Rosenfeld has investigated and designed remediation programs and risk assessments for contaminated sites containing lead, heavy metals, mold, bacteria, particulate matter, petroleum hydrocarbons, chlorinated solvents, pesticides, radioactive waste, dioxins and furans, semi- and volatile organic compounds, PCBs, PAHs, creosote, perchlorate, asbestos, per- and poly-fluoroalkyl substances (PFOA/PFOS), unusual polymers, fuel oxygenates (MTBE), among other pollutants. Dr. Rosenfeld also has experience evaluating greenhouse gas emissions from various projects and is an expert on the assessment of odors from industrial and agricultural sites, as well as the evaluation of odor nuisance impacts and technologies for abatement of odorous emissions. As a principal scientist at SWAPE, Dr. Rosenfeld directs air dispersion modeling and exposure assessments. He has served as an expert witness and testified about pollution sources causing nuisance and/or personal injury at sites and has testified as an expert witness on numerous cases involving exposure to soil, water and air contaminants from industrial, railroad, agricultural, and military sources. Attachment F Page 363 Paul E. Rosenfeld, Ph.D. Page 2 of 10 October 2021 Professional History: Soil Water Air Protection Enterprise (SWAPE); 2003 to present; Principal and Founding Partner UCLA School of Public Health; 2007 to 2011; Lecturer (Assistant Researcher) UCLA School of Public Health; 2003 to 2006; Adjunct Professor UCLA Environmental Science and Engineering Program; 2002-2004; Doctoral Intern Coordinator UCLA Institute of the Environment, 2001-2002; Research Associate Komex H2O Science, 2001 to 2003; Senior Remediation Scientist National Groundwater Association, 2002-2004; Lecturer San Diego State University, 1999-2001; Adjunct Professor Anteon Corp., San Diego, 2000-2001; Remediation Project Manager Ogden (now Amec), San Diego, 2000-2000; Remediation Project Manager Bechtel, San Diego, California, 1999 – 2000; Risk Assessor King County, Seattle, 1996 – 1999; Scientist James River Corp., Washington, 1995-96; Scientist Big Creek Lumber, Davenport, California, 1995; Scientist Plumas Corp., California and USFS, Tahoe 1993-1995; Scientist Peace Corps and World Wildlife Fund, St. Kitts, West Indies, 1991-1993; Scientist Publications: Remy, L.L., Clay T., Byers, V., Rosenfeld P. E. (2019) Hospital, Health, and Community Burden After Oil Refinery Fires, Richmond, California 2007 and 2012. Environmental Health. 18:48 Simons, R.A., Seo, Y. Rosenfeld, P., (2015) Modeling the Effect of Refinery Emission On Residential Property Value. Journal of Real Estate Research. 27(3):321-342 Chen, J. A, Zapata A. R., Sutherland A. J., Molmen, D.R., Chow, B. S., Wu, L. E., Rosenfeld, P. E., Hesse, R. C., (2012) Sulfur Dioxide and Volatile Organic Compound Exposure To A Community In Texas City Texas Evaluated Using Aermod and Empirical Data. American Journal of Environmental Science, 8(6), 622-632. Rosenfeld, P.E. & Feng, L. (2011). The Risks of Hazardous Waste. Amsterdam: Elsevier Publishing. Cheremisinoff, N.P., & Rosenfeld, P.E. (2011). Handbook of Pollution Prevention and Cleaner Production: Best Practices in the Agrochemical Industry, Amsterdam: Elsevier Publishing. Gonzalez, J., Feng, L., Sutherland, A., Waller, C., Sok, H., Hesse, R., Rosenfeld, P. (2010). PCBs and Dioxins/Furans in Attic Dust Collected Near Former PCB Production and Secondary Copper Facilities in Sauget, IL. Procedia Environmental Sciences. 113–125. Feng, L., Wu, C., Tam, L., Sutherland, A.J., Clark, J.J., Rosenfeld, P.E. (2010). Dioxin and Furan Blood Lipid and Attic Dust Concentrations in Populations Living Near Four Wood Treatment Facilities in the United States. Journal of Environmental Health. 73(6), 34-46. Cheremisinoff, N.P., & Rosenfeld, P.E. (2010). Handbook of Pollution Prevention and Cleaner Production: Best Practices in the Wood and Paper Industries. Amsterdam: Elsevier Publishing. Cheremisinoff, N.P., & Rosenfeld, P.E. (2009). Handbook of Pollution Prevention and Cleaner Production: Best Practices in the Petroleum Industry. Amsterdam: Elsevier Publishing. Wu, C., Tam, L., Clark, J., Rosenfeld, P. (2009). Dioxin and furan blood lipid concentrations in populations living near four wood treatment facilities in the United States. WIT Transactions on Ecology and the Environment, Air Pollution, 123 (17), 319-327. Page 364 Paul E. Rosenfeld, Ph.D. Page 3 of 10 October 2021 Tam L. K.., Wu C. D., Clark J. J. and Rosenfeld, P.E. (2008). A Statistical Analysis Of Attic Dust And Blood Lipid Concentrations Of Tetrachloro-p-Dibenzodioxin (TCDD) Toxicity Equivalency Quotients (TEQ) In Two Populations Near Wood Treatment Facilities. Organohalogen Compounds, 70, 002252-002255. Tam L. K.., Wu C. D., Clark J. J. and Rosenfeld, P.E. (2008). Methods For Collect Samples For Assessing Dioxins And Other Environmental Contaminants In Attic Dust: A Review. Organohalogen Compounds, 70, 000527- 000530. Hensley, A.R. A. Scott, J. J. J. Clark, Rosenfeld, P.E. (2007). Attic Dust and Human Blood Samples Collected near a Former Wood Treatment Facility. Environmental Research. 105, 194-197. Rosenfeld, P.E., J. J. J. Clark, A. R. Hensley, M. Suffet. (2007). The Use of an Odor Wheel Classification for Evaluation of Human Health Risk Criteria for Compost Facilities. Water Science & Technology 55(5), 345-357. Rosenfeld, P. E., M. Suffet. (2007). The Anatomy Of Odour Wheels For Odours Of Drinking Water, Wastewater, Compost And The Urban Environment. Water Science & Technology 55(5), 335-344. Sullivan, P. J. Clark, J.J.J., Agardy, F. J., Rosenfeld, P.E. (2007). Toxic Legacy, Synthetic Toxins in the Food, Water, and Air in American Cities. Boston Massachusetts: Elsevier Publishing Rosenfeld, P.E., and Suffet I.H. (2004). Control of Compost Odor Using High Carbon Wood Ash. Water Science and Technology. 49(9),171-178. Rosenfeld P. E., J.J. Clark, I.H. (Mel) Suffet (2004). The Value of An Odor-Quality-Wheel Classification Scheme For The Urban Environment. Water Environment Federation’s Technical Exhibition and Conference (WEFTEC) 2004. New Orleans, October 2-6, 2004. Rosenfeld, P.E., and Suffet, I.H. (2004). Understanding Odorants Associated With Compost, Biomass Facilities, and the Land Application of Biosolids. Water Science and Technology. 49(9), 193-199. Rosenfeld, P.E., and Suffet I.H. (2004). Control of Compost Odor Using High Carbon Wood Ash, Water Science and Technology, 49( 9), 171-178. Rosenfeld, P. E., Grey, M. A., Sellew, P. (2004). Measurement of Biosolids Odor and Odorant Emissions from Windrows, Static Pile and Biofilter. Water Environment Research. 76(4), 310-315. Rosenfeld, P.E., Grey, M and Suffet, M. (2002). Compost Demonstration Project, Sacramento California Using High-Carbon Wood Ash to Control Odor at a Green Materials Composting Facility. Integrated Waste Management Board Public Affairs Office, Publications Clearinghouse (MS–6), Sacramento, CA Publication #442-02-008. Rosenfeld, P.E., and C.L. Henry. (2001). Characterization of odor emissions from three different biosolids. Water Soil and Air Pollution. 127(1-4), 173-191. Rosenfeld, P.E., and Henry C. L., (2000). Wood ash control of odor emissions from biosolids application. Journal of Environmental Quality. 29, 1662-1668. Rosenfeld, P.E., C.L. Henry and D. Bennett. (2001). Wastewater dewatering polymer affect on biosolids odor emissions and microbial activity. Water Environment Research. 73(4), 363-367. Rosenfeld, P.E., and C.L. Henry. (2001). Activated Carbon and Wood Ash Sorption of Wastewater, Compost, and Biosolids Odorants. Water Environment Research, 73, 388-393. Rosenfeld, P.E., and Henry C. L., (2001). High carbon wood ash effect on biosolids microbial activity and odor. Water Environment Research. 131(1-4), 247-262. Page 365 Paul E. Rosenfeld, Ph.D. Page 4 of 10 October 2021 Chollack, T. and P. Rosenfeld. (1998). Compost Amendment Handbook For Landscaping. Prepared for and distributed by the City of Redmond, Washington State. Rosenfeld, P. E. (1992). The Mount Liamuiga Crater Trail. Heritage Magazine of St. Kitts, 3(2). Rosenfeld, P. E. (1993). High School Biogas Project to Prevent Deforestation On St. Kitts. Biomass Users Network, 7(1). Rosenfeld, P. E. (1998). Characterization, Quantification, and Control of Odor Emissions From Biosolids Application To Forest Soil. Doctoral Thesis. University of Washington College of Forest Resources. Rosenfeld, P. E. (1994). Potential Utilization of Small Diameter Trees on Sierra County Public Land. Masters thesis reprinted by the Sierra County Economic Council. Sierra County, California. Rosenfeld, P. E. (1991). How to Build a Small Rural Anaerobic Digester & Uses Of Biogas In The First And Third World. Bachelors Thesis. University of California. Presentations: Rosenfeld, P.E., "The science for Perfluorinated Chemicals (PFAS): What makes remediation so hard?" Law Seminars International, (May 9-10, 2018) 800 Fifth Avenue, Suite 101 Seattle, WA. Rosenfeld, P.E., Sutherland, A; Hesse, R.; Zapata, A. (October 3-6, 2013). Air dispersion modeling of volatile organic emissions from multiple natural gas wells in Decatur, TX. 44th Western Regional Meeting, American Chemical Society. Lecture conducted from Santa Clara, CA. Sok, H.L.; Waller, C.C.; Feng, L.; Gonzalez, J.; Sutherland, A.J.; Wisdom-Stack, T.; Sahai, R.K.; Hesse, R.C.; Rosenfeld, P.E. (June 20-23, 2010). Atrazine: A Persistent Pesticide in Urban Drinking Water. Urban Environmental Pollution. Lecture conducted from Boston, MA. Feng, L.; Gonzalez, J.; Sok, H.L.; Sutherland, A.J.; Waller, C.C.; Wisdom-Stack, T.; Sahai, R.K.; La, M.; Hesse, R.C.; Rosenfeld, P.E. (June 20-23, 2010). Bringing Environmental Justice to East St. Louis, Illinois. Urban Environmental Pollution. Lecture conducted from Boston, MA. Rosenfeld, P.E. (April 19-23, 2009). Perfluoroctanoic Acid (PFOA) and Perfluoroactane Sulfonate (PFOS) Contamination in Drinking Water From the Use of Aqueous Film Forming Foams (AFFF) at Airports in the United States. 2009 Ground Water Summit and 2009 Ground Water Protection Council Spring Meeting , Lecture conducted from Tuscon, AZ. Rosenfeld, P.E. (April 19-23, 2009). Cost to Filter Atrazine Contamination from Drinking Water in the United States” Contamination in Drinking Water From the Use of Aqueous Film Forming Foams (AFFF) at Airports in the United States. 2009 Ground Water Summit and 2009 Ground Water Protection Council Spring Meeting. Lecture conducted from Tuscon, AZ. Wu, C., Tam, L., Clark, J., Rosenfeld, P. (20-22 July, 2009). Dioxin and furan blood lipid concentrations in populations living near four wood treatment facilities in the United States. Brebbia, C.A. and Popov, V., eds., Air Pollution XVII: Proceedings of the Seventeenth International Conference on Modeling, Monitoring and Management of Air Pollution. Lecture conducted from Tallinn, Estonia. Rosenfeld, P. E. (October 15-18, 2007). Moss Point Community Exposure To Contaminants From A Releasing Facility. The 23rd Annual International Conferences on Soils Sediment and Water. Platform lecture conducted from University of Massachusetts, Amherst MA. Rosenfeld, P. E. (October 15-18, 2007). The Repeated Trespass of Tritium-Contaminated Water Into A Surrounding Community Form Repeated Waste Spills From A Nuclear Power Plant. The 23rd Annual International Page 366 Paul E. Rosenfeld, Ph.D. Page 5 of 10 October 2021 Conferences on Soils Sediment and Water. Platform lecture conducted from University of Massachusetts, Amherst MA. Rosenfeld, P. E. (October 15-18, 2007). Somerville Community Exposure To Contaminants From Wood Treatment Facility Emissions. The 23rd Annual International Conferences on Soils Sediment and Water. Lecture conducted from University of Massachusetts, Amherst MA. Rosenfeld P. E. (March 2007). Production, Chemical Properties, Toxicology, & Treatment Case Studies of 1,2,3- Trichloropropane (TCP). The Association for Environmental Health and Sciences (AEHS) Annual Meeting. Lecture conducted from San Diego, CA. Rosenfeld P. E. (March 2007). Blood and Attic Sampling for Dioxin/Furan, PAH, and Metal Exposure in Florala, Alabama. The AEHS Annual Meeting. Lecture conducted from San Diego, CA. Hensley A.R., Scott, A., Rosenfeld P.E., Clark, J.J.J. (August 21 – 25, 2006). Dioxin Containing Attic Dust And Human Blood Samples Collected Near A Former Wood Treatment Facility. The 26th International Symposium on Halogenated Persistent Organic Pollutants – DIOXIN2006. Lecture conducted from Radisson SAS Scandinavia Hotel in Oslo Norway. Hensley A.R., Scott, A., Rosenfeld P.E., Clark, J.J.J. (November 4-8, 2006). Dioxin Containing Attic Dust And Human Blood Samples Collected Near A Former Wood Treatment Facility . APHA 134 Annual Meeting & Exposition. Lecture conducted from Boston Massachusetts. Paul Rosenfeld Ph.D. (October 24-25, 2005). Fate, Transport and Persistence of PFOA and Related Chemicals. Mealey’s C8/PFOA. Science, Risk & Litigation Conference. Lecture conducted from The Rittenhouse Hotel, Philadelphia, PA. Paul Rosenfeld Ph.D. (September 19, 2005). Brominated Flame Retardants in Groundwater: Pathways to Human Ingestion, Toxicology and Remediation PEMA Emerging Contaminant Conference. Lecture conducted from Hilton Hotel, Irvine California. Paul Rosenfeld Ph.D. (September 19, 2005). Fate, Transport, Toxicity, And Persistence of 1,2,3-TCP. PEMA Emerging Contaminant Conference. Lecture conducted from Hilton Hotel in Irvine, California. Paul Rosenfeld Ph.D. (September 26-27, 2005). Fate, Transport and Persistence of PDBEs. Mealey’s Groundwater Conference. Lecture conducted from Ritz Carlton Hotel, Marina Del Ray, California. Paul Rosenfeld Ph.D. (June 7-8, 2005). Fate, Transport and Persistence of PFOA and Related Chemicals. International Society of Environmental Forensics: Focus On Emerging Contaminants. Lecture conducted from Sheraton Oceanfront Hotel, Virginia Beach, Virginia. Paul Rosenfeld Ph.D. (July 21-22, 2005). Fate Transport, Persistence and Toxicology of PFOA and Related Perfluorochemicals. 2005 National Groundwater Association Ground Water And Environmental Law Conference. Lecture conducted from Wyndham Baltimore Inner Harbor, Baltimore Maryland. Paul Rosenfeld Ph.D. (July 21-22, 2005). Brominated Flame Retardants in Groundwater: Pathways to Human Ingestion, Toxicology and Remediation. 2005 National Groundwater Association Ground Water and Environmental Law Conference. Lecture conducted from Wyndham Baltimore Inner Harbor, Baltimore Maryland. Paul Rosenfeld, Ph.D. and James Clark Ph.D. and Rob Hesse R.G. (May 5-6, 2004). Tert-butyl Alcohol Liability and Toxicology, A National Problem and Unquantified Liability. National Groundwater Association. Environmental Law Conference. Lecture conducted from Congress Plaza Hotel, Chicago Illinois. Paul Rosenfeld, Ph.D. (March 2004). Perchlorate Toxicology. Meeting of the American Groundwater Trust. Lecture conducted from Phoenix Arizona. Page 367 Paul E. Rosenfeld, Ph.D. Page 6 of 10 October 2021 Hagemann, M.F., Paul Rosenfeld, Ph.D. and Rob Hesse (2004). Perchlorate Contamination of the Colorado River. Meeting of tribal representatives. Lecture conducted from Parker, AZ. Paul Rosenfeld, Ph.D. (April 7, 2004). A National Damage Assessment Model For PCE and Dry Cleaners. Drycleaner Symposium. California Ground Water Association. Lecture conducted from Radison Hotel, Sacramento, California. Rosenfeld, P. E., Grey, M., (June 2003) Two stage biofilter for biosolids composting odor control. Seventh International In Situ And On Site Bioremediation Symposium Battelle Conference Orlando, FL. Paul Rosenfeld, Ph.D. and James Clark Ph.D. (February 20-21, 2003) Understanding Historical Use, Chemical Properties, Toxicity and Regulatory Guidance of 1,4 Dioxane. National Groundwater Association. Southwest Focus Conference. Water Supply and Emerging Contaminants.. Lecture conducted from Hyatt Regency Phoenix Arizona. Paul Rosenfeld, Ph.D. (February 6-7, 2003). Underground Storage Tank Litigation and Remediation. California CUPA Forum. Lecture conducted from Marriott Hotel, Anaheim California. Paul Rosenfeld, Ph.D. (October 23, 2002) Underground Storage Tank Litigation and Remediation. EPA Underground Storage Tank Roundtable. Lecture conducted from Sacramento California. Rosenfeld, P.E. and Suffet, M. (October 7- 10, 2002). Understanding Odor from Compost, Wastewater and Industrial Processes. Sixth Annual Symposium On Off Flavors in the Aquatic Environment. International Water Association. Lecture conducted from Barcelona Spain. Rosenfeld, P.E. and Suffet, M. (October 7- 10, 2002). Using High Carbon Wood Ash to Control Compost Odor. Sixth Annual Symposium On Off Flavors in the Aquatic Environment. International Water Association . Lecture conducted from Barcelona Spain. Rosenfeld, P.E. and Grey, M. A. (September 22-24, 2002). Biocycle Composting For Coastal Sage Restoration. Northwest Biosolids Management Association. Lecture conducted from Vancouver Washington.. Rosenfeld, P.E. and Grey, M. A. (November 11-14, 2002). Using High-Carbon Wood Ash to Control Odor at a Green Materials Composting Facility. Soil Science Society Annual Conference. Lecture conducted from Indianapolis, Maryland. Rosenfeld. P.E. (September 16, 2000). Two stage biofilter for biosolids composting odor control. Water Environment Federation. Lecture conducted from Anaheim California. Rosenfeld. P.E. (October 16, 2000). Wood ash and biofilter control of compost odor. Biofest. Lecture conducted from Ocean Shores, California. Rosenfeld, P.E. (2000). Bioremediation Using Organic Soil Amendments. California Resource Recovery Association. Lecture conducted from Sacramento California. Rosenfeld, P.E., C.L. Henry, R. Harrison. (1998). Oat and Grass Seed Germination and Nitrogen and Sulfur Emissions Following Biosolids Incorporation With High-Carbon Wood-Ash. Water Environment Federation 12th Annual Residuals and Biosolids Management Conference Proceedings. Lecture conducted from Bellevue Washington. Rosenfeld, P.E., and C.L. Henry. (1999). An evaluation of ash incorporation with biosolids for odor reduction. Soil Science Society of America. Lecture conducted from Salt Lake City Utah. Rosenfeld, P.E., C.L. Henry, R. Harrison. (1998). Comparison of Microbial Activity and Odor Emissions from Three Different Biosolids Applied to Forest Soil. Brown and Caldwell. Lecture conducted from Seattle Washington. Page 368 Paul E. Rosenfeld, Ph.D. Page 7 of 10 October 2021 Rosenfeld, P.E., C.L. Henry. (1998). Characterization, Quantification, and Control of Odor Emissions from Biosolids Application To Forest Soil. Biofest. Lecture conducted from Lake Chelan, Washington. Rosenfeld, P.E, C.L. Henry, R. Harrison. (1998). Oat and Grass Seed Germination and Nitrogen and Sulfur Emissions Following Biosolids Incorporation With High-Carbon Wood-Ash. Water Environment Federation 12th Annual Residuals and Biosolids Management Conference Proceedings. Lecture conducted from Bellevue Washington. Rosenfeld, P.E., C.L. Henry, R. B. Harrison, and R. Dills. (1997). Comparison of Odor Emissions From Three Different Biosolids Applied to Forest Soil. Soil Science Society of America. Lecture conducted from Anaheim California. Teaching Experience: UCLA Department of Environmental Health (Summer 2003 through 20010) Taught Environmental Health Science 100 to students, including undergrad, medical doctors, public health professionals and nurses. Course focused on the health effects of environmental contaminants. National Ground Water Association, Successful Remediation Technologies. Custom Course in Sante Fe, New Mexico. May 21, 2002. Focused on fate and transport of fuel contaminants associated with underground storage tanks. National Ground Water Association; Successful Remediation Technologies Course in Chicago Illinois. April 1, 2002. Focused on fate and transport of contaminants associated with Superfund and RCRA sites. California Integrated Waste Management Board, April and May, 2001. Alternative Landfill Caps Seminar in San Diego, Ventura, and San Francisco. Focused on both prescriptive and innovative landfill cover design. UCLA Department of Environmental Engineering, February 5, 2002. Seminar on Successful Remediation Technologies focusing on Groundwater Remediation. University Of Washington, Soil Science Program, Teaching Assistant for several courses including: Soil Chemistry, Organic Soil Amendments, and Soil Stability. U.C. Berkeley, Environmental Science Program Teaching Assistant for Environmental Science 10. Academic Grants Awarded: California Integrated Waste Management Board. $41,000 grant awarded to UCLA Institute of the Environment. Goal: To investigate effect of high carbon wood ash on volatile organic emissions from compost. 2001. Synagro Technologies, Corona California: $10,000 grant awarded to San Diego State University. Goal: investigate effect of biosolids for restoration and remediation of degraded coastal sage soils. 2000. King County, Department of Research and Technology, Washington State. $100,000 grant awarded to University of Washington: Goal: To investigate odor emissions from biosolids application and the effect of polymers and ash on VOC emissions. 1998. Northwest Biosolids Management Association, Washington State. $20,000 grant awarded to investigate effect of polymers and ash on VOC emissions from biosolids. 1997. James River Corporation, Oregon: $10,000 grant was awarded to investigate the success of genetically engineered Poplar trees with resistance to round-up. 1996. Page 369 Paul E. Rosenfeld, Ph.D. Page 8 of 10 October 2021 United State Forest Service, Tahoe National Forest: $15,000 grant was awarded to investigating fire ecology of the Tahoe National Forest. 1995. Kellogg Foundation, Washington D.C. $500 grant was awarded to construct a large anaerobic digester on St. Kitts in West Indies. 1993 Deposition and/or Trial Testimony: In the Circuit Court Of The Twentieth Judicial Circuit, St Clair County, Illinois Martha Custer et al., Plaintiff vs. Cerro Flow Products, Inc., Defendants Case No.: No. 0i9-L-2295 Rosenfeld Deposition, 5-14-2021 Trial, October 8-4-2021 In the Circuit Court of Cook County Illinois Joseph Rafferty, Plaintiff vs. Consolidated Rail Corporation and National Railroad Passenger Corporation d/b/a AMTRAK, Case No.: No. 18-L-6845 Rosenfeld Deposition, 6-28-2021 In the United States District Court For the Northern District of Illinois Theresa Romcoe, Plaintiff vs. Northeast Illinois Regional Commuter Railroad Corporation d/b/a METRA Rail, Defendants Case No.: No. 17-cv-8517 Rosenfeld Deposition, 5-25-2021 In the Superior Court of the State of Arizona In and For the Cunty of Maricopa Mary Tryon et al., Plaintiff vs. The City of Pheonix v. Cox Cactus Farm, L.L.C., Utah Shelter Systems, Inc. Case Number CV20127-094749 Rosenfeld Deposition: 5-7-2021 In the United States District Court for the Eastern District of Texas Beaumont Division Robinson, Jeremy et al Plaintiffs, vs. CNA Insurance Company et al. Case Number 1:17-cv-000508 Rosenfeld Deposition: 3-25-2021 In the Superior Court of the State of California, County of San Bernardino Gary Garner, Personal Representative for the Estate of Melvin Garner vs. BNSF Railway Company. Case No. 1720288 Rosenfeld Deposition 2-23-2021 In the Superior Court of the State of California, County of Los Angeles, Spring Street Courthouse Benny M Rodriguez vs. Union Pacific Railroad, A Corporation, et al. Case No. 18STCV01162 Rosenfeld Deposition 12-23-2020 In the Circuit Court of Jackson County, Missouri Karen Cornwell, Plaintiff, vs. Marathon Petroleum, LP, Defendant. Case No.: 1716-CV10006 Rosenfeld Deposition. 8-30-2019 In the United States District Court For The District of New Jersey Duarte et al, Plaintiffs, vs. United States Metals Refining Company et. al. Defendant. Case No.: 2:17-cv-01624-ES-SCM Rosenfeld Deposition. 6-7-2019 Page 370 Paul E. Rosenfeld, Ph.D. Page 9 of 10 October 2021 In the United States District Court of Southern District of Texas Galveston Division M/T Carla Maersk, Plaintiffs, vs. Conti 168., Schiffahrts-GMBH & Co. Bulker KG MS “Conti Perdido” Defendant. Case No.: 3:15-CV-00106 consolidated with 3:15-CV-00237 Rosenfeld Deposition. 5-9-2019 In The Superior Court of the State of California In And For The County Of Los Angeles – Santa Monica Carole-Taddeo-Bates et al., vs. Ifran Khan et al., Defendants Case No.: No. BC615636 Rosenfeld Deposition, 1-26-2019 In The Superior Court of the State of California In And For The County Of Los Angeles – Santa Monica The San Gabriel Valley Council of Governments et al. vs El Adobe Apts. Inc. et al., Defendants Case No.: No. BC646857 Rosenfeld Deposition, 10-6-2018; Trial 3-7-19 In United States District Court For The District of Colorado Bells et al. Plaintiff vs. The 3M Company et al., Defendants Case No.: 1:16-cv-02531-RBJ Rosenfeld Deposition, 3-15-2018 and 4-3-2018 In The District Court Of Regan County, Texas, 112th Judicial District Phillip Bales et al., Plaintiff vs. Dow Agrosciences, LLC, et al., Defendants Cause No.: 1923 Rosenfeld Deposition, 11-17-2017 In The Superior Court of the State of California In And For The County Of Contra Costa Simons et al., Plaintiffs vs. Chevron Corporation, et al., Defendants Cause No C12-01481 Rosenfeld Deposition, 11-20-2017 In The Circuit Court Of The Twentieth Judicial Circuit, St Clair County, Illinois Martha Custer et al., Plaintiff vs. Cerro Flow Products, Inc., Defendants Case No.: No. 0i9-L-2295 Rosenfeld Deposition, 8-23-2017 In United States District Court For The Southern District of Mississippi Guy Manuel vs. The BP Exploration et al., Defendants Case: No 1:19-cv-00315-RHW Rosenfeld Deposition, 4-22-2020 In The Superior Court of the State of California, For The County of Los Angeles Warrn Gilbert and Penny Gilber, Plaintiff vs. BMW of North America LLC Case No.: LC102019 (c/w BC582154) Rosenfeld Deposition, 8-16-2017, Trail 8-28-2018 In the Northern District Court of Mississippi, Greenville Division Brenda J. Cooper, et al., Plaintiffs, vs. Meritor Inc., et al., Defendants Case Number: 4:16-cv-52-DMB-JVM Rosenfeld Deposition: July 2017 Page 371 Paul E. Rosenfeld, Ph.D. Page 10 of 10 October 2021 In The Superior Court of the State of Washington, County of Snohomish Michael Davis and Julie Davis et al., Plaintiff vs. Cedar Grove Composting Inc., Defendants Case No.: No. 13-2-03987-5 Rosenfeld Deposition, February 2017 Trial, March 2017 In The Superior Court of the State of California, County of Alameda Charles Spain., Plaintiff vs. Thermo Fisher Scientific, et al., Defendants Case No.: RG14711115 Rosenfeld Deposition, September 2015 In The Iowa District Court In And For Poweshiek County Russell D. Winburn, et al., Plaintiffs vs. Doug Hoksbergen, et al., Defendants Case No.: LALA002187 Rosenfeld Deposition, August 2015 In The Circuit Court of Ohio County, West Virginia Robert Andrews, et al. v. Antero, et al. Civil Action N0. 14-C-30000 Rosenfeld Deposition, June 2015 In The Iowa District Court For Muscatine County Laurie Freeman et. al. Plaintiffs vs. Grain Processing Corporation, Defendant Case No 4980 Rosenfeld Deposition: May 2015 In the Circuit Court of the 17th Judicial Circuit, in and For Broward County, Florida Walter Hinton, et. al. Plaintiff, vs. City of Fort Lauderdale, Florida, a Municipality, Defendant. Case Number CACE07030358 (26) Rosenfeld Deposition: December 2014 In the County Court of Dallas County Texas Lisa Parr et al, Plaintiff, vs. Aruba et al, Defendant. Case Number cc-11-01650-E Rosenfeld Deposition: March and September 2013 Rosenfeld Trial: April 2014 In the Court of Common Pleas of Tuscarawas County Ohio John Michael Abicht, et al., Plaintiffs, vs. Republic Services, Inc., et al., Defendants Case Number: 2008 CT 10 0741 (Cons. w/ 2009 CV 10 0987) Rosenfeld Deposition: October 2012 In the United States District Court for the Middle District of Alabama, Northern Division James K. Benefield, et al., Plaintiffs, vs. International Paper Company, Defendant. Civil Action Number 2:09-cv-232-WHA-TFM Rosenfeld Deposition: July 2010, June 2011 In the Circuit Court of Jefferson County Alabama Jaeanette Moss Anthony, et al., Plaintiffs, vs. Drummond Company Inc., et al., Defendants Civil Action No. CV 2008-2076 Rosenfeld Deposition: September 2010 In the United States District Court, Western District Lafayette Division Ackle et al., Plaintiffs, vs. Citgo Petroleum Corporation, et al., Defendants. Case Number 2:07CV1052 Rosenfeld Deposition: July 2009 Page 372 “Responsible Planning Through Environmental Leadership” 2201 N. Grand Avenue #10098 | Santa Ana, CA 92711-0098 | (714) 716-5050 www.ELMTConsulting.com March 7, 2022 BIRDSEYE PLANNING GROUP, LLC Contact: Ryan Birdseye P.O. Box 1956 Vista, California 92805 SUBJECT: Response to Comments for the Addendum for the Jersey Boulevard Industrial Complex Project Please find attached ELMT Consulting, Inc. response to comments to address the comments received on February 17, 2022 from Lozeau Drury LLP for the Jersey Boulevard industrial Complex. Comment 1: EIR Fails to Establish an Accurate Baseline for Sensitive Biological Resources The Project Site is in an area that is almost entirely developed with minimal undeveloped parcels mixed throughout the large industrial buildings with no direct connection to undeveloped/native habitats. The Project Site has been subject to routine human disturbance associated with the surrounding developments for nearly 30 years. As noted in ELMT’s report, no natural plant communities are present on the Project Site and only heavily disturbed, human modified areas will be affected by development of the proposed project as clearly shown 2020 biological report. ELMT’s assessment was conducted in a manor that fully covered the site and field investigation was conducted to industry standards. The Project Site has been substantially altered by past development activities in the surrounding area over the last few decades and does not support high quality habitat for foraging or nesting. Regular site maintenance (weed clearance, etc.) and lack of vegetation severally reduces the foraging and nesting opportunities. ELMT stands by its assessment that the site provides limited foraging and nesting opportunities for avian species. ELMT’s report states: “No burrowing owls or recent sign (i.e., pellets, feathers, castings, or whitewash) was observed during the field investigation. The majority of the project site is unvegetated and/or vegetated with a variety of low-growing plant species that allow for line-of-sight observation favored by burrowing owls. However, no suitable burrows (>4 inches) were observed during the field investigation. Further, tall fences, street lights, ornamental trees, and office buildings surround the project site which decrease the likelihood that burrowing owls would occur on the project site as these features provide perching opportunities for larger raptor species (i.e., red-tailed hawk [Buteo jamaicensis]) that prey on burrowing owls. Page 373 March 7, 2022 Page 2 Based on the results of the field investigation and isolation of the undeveloped area on the project site, it was determined that the project site does not have the potential to support burrowing owls and focused surveys are not recommended.” Dr. Smallwood’s statement that states that the Project plans to improperly rely on a future pre-construction survey to determine the presence/absence of burrowing owls is false. ELMT’s opinion is that the project site does not support suitable habitat for burrowing owls and burrowing owls are presumed absent. The pre-construction clearance survey would be conducted out of an abundance of caution to ensure no impacts to nesting birds or burrowing owls (if they were to stop over on the site) would occur. Pursuant to the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code (Sections 3503, 3503.3, 3511, and 3513 of the California Fish and Game Code prohibit the take, possession, or destruction of birds, their nests or eggs), the proposed Project would be required to protect any nesting birds present on the site. Regulatory compliance with the MBTA and California Fish and Game Code would require a preconstruction clearance survey for nesting birds be conducted within three (3) days of the start of any vegetation removal or ground disturbing activities to ensure that no nesting birds will be disturbed during construction if it occurs between February 1 and August 31. Again, given the disturbed nature of the project site, and the lack of vegetation present on the site, there is a lack of habitat suitable for use as nesting sites. eBird and iNaturalist are citizen databases and are not always accurate in the data they present. ELMT searches those databases but does not rely on their data for their analysis. Data provided by these two databases would not change the outcome of ELMT’s original analysis. Comment 2: EIR Fails to Address the Project’s Potential Significant Impact on Loss of Breeding Capacity The Project Site has been substantially altered by past development activities in the surrounding area over the last few decades and does not support long term breeding habitat for nesting birds. Regular site maintenance (weed clearance, etc.) and lack of vegetation limits the breeding capacity of the project site. Implementation of the proposed project would not significantly impact the loss of breeding capacity for nesting birds, especially to the degree in which Dr. Smallwood references in his comment letter. Comment 3: EIR Inadequately Analyzed the Project’s Impact on Wildlife Movement The Project Site has been substantially altered by past development activities in the surrounding area over the last few decades and does not currently contain functioning native habitat for any wildlife occurring in the area. Regular site maintenance (weed clearance, etc.) has occurred on the Project Site, and the Project Site is not located in an existing wildlife migration corridor. Since the project site is surrounded by existing development and does not support native habitats, ELMT stands by its assessment and implementation of the project will not result in impacts to wildlife movement. Comment 4: EIR Fails to Address Impacts on Wildlife from Additional Traffic Generated by the Project The comment asserts the impacts of wildlife mortality from traffic generated by the proposed project were not addressed in the DEIR. The project site is heavily disturbed and surrounded by heavily trafficked streets and existing industrial buildings that do no support high quality habitat for wildlife species. Further, based on ELMT’s Page 374 March 7, 2022 Page 3 assessment, the site is not expected to provide suitable habitat for the majority of the special-status wildlife known to occur in the area. Therefore, the proposed project would not substantially increase the level of road mortality for wildlife, in particular special status species. Comment 5: EIR Fails to Adequately Address the Project’s Cumulative Impacts on Wildlife in the Region As noted, the comment offered encompasses a much larger perspective on impacts to native wildlife and is not directly applicable to the immediate Project Site since the site is surrounded by existing development. ELMT stands by its assessment that the project will not result in cumulative impacts to biological resources due to the lack of resources on and immediately adjacent to the project site. If you have further questions or comments please do not hesitate to contact Tom McGill at (951) 285-6014 or tmcgill@elmtconsulting.com or Travis McGill at (909) 816-1646 or travismcgill@elmtconsulting.com. Sincerely, Thomas J. McGill, Ph.D. Travis J. McGill Managing Director Director/Biologist Page 375 P.O. Box 1956, Vista, CA 92085 | (760) 712-2199 | www.birdseyeplanninggroup.com March 8, 2022 Mr. Vincent Acuna Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 SUBJECT: Jersey Industrial Complex Draft EIR Appeal Response to Comments Dear Mr. Acuna: Birdseye Planning Group (BPG) is pleased to submit the following responses to the Jersey Industrial Complex Draft Environmental Impact Report appeal letter dated February 17, 2022. The appeal comments focus on Air Quality and Greenhouse Gas emissions and Biological Resources. The comments and draft responses are provided as follows: 1. Air Emissions Modeling Failed to Include the 8,127 square foot of office space as a separate use within the overall warehouse building. Thus, the project failed to accurately estimate daily operational emissions. Response: The air emissions model was prepared to provide a conservative estimation of daily air emissions and annual greenhouse gas emissions associated with operation of the proposed project. The modeling focus was on mobile source emissions, specifically, heavy truck emissions. However, area and energy sources were also modeled for the warehouse component, which comprises 95% of the total square footage of the project. To conservatively calculate mobile source emissions, the CalEEMod 2020.4.0 default trip generation rates were modified to calculate passenger car trips assuming 1.1 trips/1,000 square feet and truck trips were calculated assuming 0.64 trips/1,000 square feet as recommended in the South Coast Air Quality Management District Mobile Source Committee. Warehouse Truck Trip Study Data Results and Usage (July 25, 2014). Thus, daily trips were assumed to comprise 175 passenger cars/light trucks and 102 truck trips associated with the entire 159,580 square foot facility. Including the office space as a separate use would remove 8,127 square feet from the total used to generate passenger care and heavy truck trips. This would have reduced the daily truck trip number and related heavy truck mobile source emissions by five. This would reduce the overall mobile source emissions. However, to determine whether the point raised by the appellant would make a difference in daily and annual emissions, CalEEMod was revised to reduce the warehouse square footage by 8,127 square feet and add 8,127 square feet of office space. The only change in the area and energy emissions was a reduction in reactive organic gas emissions associated with energy use. Thus, the conclusion is energy required to operate the same relative square footage of office space is less than Page 376 Mr. Vincent Acuna March 8, 2022 Page 2 BIRDSEYE PLANNING GROUP 1354 York Drive, Vista, CA 92084 | (760) 712-2199 | www.birdseyeplanninggroup.com that required to operate the same square footage of warehouse space. The methodology used generated higher overall emissions than modeling the office space as a separate use. 2. Incorrect Application of Area-Related Operational Mitigation Measures The appellant contends that any changes to model defaults be justified. However as stated in the comment letter, the “User Entered Comments & Non-Default Data” table fails to provide a justification for the above changes. Response. It is true that no notes were included on the architectural coating screens in CalEEMod 2020.4.0 to justify why low VOC coatings were selected for modeling purposes. However, the reason for doing so is provided on Page 21 of the Air Quality-Greenhouse Gas Technical Report. Similar to implementation of SCAQMD Rule 403 to control dust during construction, SCAQMD Rule 1113 requires the use of low-VOC paint (architectural coatings). It is common methodology to assume 50 g/L for nonflat coatings and 100 g/L for pavement coatings and we routinely use this approach when working in the South Coast Air Basin. Further, these assumptions were approved by peer reviewers as part of the technical report preparation process. It is important to note that compliance with existing rules and regulations is not considered mitigation for the purpose of CEQA review. However, it is understood that CalEEMod does consider these various measures control or reduce emissions as mitigation for the purpose of air emission modeling. CalEEMod was developed by the California Air Resources Board for use statewide as an air emissions modeling tool. Not all air districts within the state have the same requirements for the use of low VOC paint and other methods for reducing emissions. Therefore, the default values in CalEEMod can be modified to reflect conditions imposed by each air district and while these change can be made in the “mitigation” screen, they are not always considered mitigation as defined under CEQA. SCAQMD Rule 1113, Table of Standards 1, VOC Limits, shows the current limit for non-flat coatings is 50 g/Liter of VOC emissions. Further, Traffic Coatings are currently limited to 100 g/Liter of VOC emissions. Traffic coatings are defined as coatings formulated for or applied to public streets, highways, and other surfaces including, but not limited to, curbs, berms, driveways, and parking lots. Should the appellant require additional evidence that in fact low VOC coatings would be implemented, the project can be conditioned to apply only coatings meeting these emission requirements. 3. Diesel Particulate Matter Health Risk Emissions Inadequately Evaluated The appellant states that the DEIR concludes that the Project would have a less-than-significant health risk impact without conducting a quantified construction or operational health risk analysis. Response: The appellant states that because the DEIR fails to prepare a quantified construction and operational HRA, the Project is inconsistent with CEQA’s requirement to correlate the increase in Page 377 Mr. Vincent Acuna March 8, 2022 Page 3 BIRDSEYE PLANNING GROUP 1354 York Drive, Vista, CA 92084 | (760) 712-2199 | www.birdseyeplanninggroup.com emissions that the Project would generate to the adverse impacts on human health caused by those emissions. The air quality analysis provides a discussion on the potential for identifiable health impacts that could result from air pollutants analyzed in environmental documents prepared pursuant to the California Environmental Quality Act (CEQA). The discussion in Friant Ranch focuses on significant impacts and the feasibility of directly relating any identified significant adverse air quality impact to likely health consequences. The Supreme Court opinion in the “Sierra Club v. County of Fresno”, requires projects with significant air quality impacts to relate the expected adverse air quality impacts to likely health consequences or explain why it is not feasible at the time of drafting to provide such an analysis, so that the public may make informed decisions regarding the costs and benefits of the project. As stated, the project is located within the SCAB under the jurisdiction of the SCAQMD. The City of Rancho Cucamonga defers to threshold guidance established by the SCAQMD and utilizes the SCAQMD’s CEQA Air Quality Handbook (approved by the AQMD Governing Board in 1993) and subsequent guidance provided on the SCAQMD website. In addition, when considering potential air quality impacts under CEQA, consideration is given to the location of sensitive receptors within proximity to land uses that emit Toxic Air Contaminants (TACs). CARB has published and adopted the Air Quality and Land Use Handbook: A Community Health Perspective (2005), which considers impacts to sensitive receptors from facilities that emit TAC emissions. CARB has also published Strategies to Reduce Air Pollution Exposure Near High-Volume Roadways: Technical Advisory, a supplement to the handbook that is intended to provide scientifically based strategies to reduce exposure to traffic emissions near high-volume roadways to protect public health and promote equity and environmental justice. The SCAQMD has also adopted land use planning guidelines in the Guidance Document for Addressing Air Quality Issues in General Plans and Local Planning (2005). Together, the documents introduce land use-related policies and strategies that rely on project scope and location relative to the nearest sensitive properties and traffic (including heavy truck) volumes to evaluate the potential for health risks. As stated herein, the proposed project will not exceed the daily emission thresholds established by the SCAQMD. Thus, for the purpose of this evaluation, potential project impacts have been adequately evaluated. With respect to DPM emissions, truck operations associated with the project would generate DPM; however, the site is located along an unrestricted truck route (Milliken Avenue) within the City of Rancho Cucamonga per Section 10.56.010 of the Municipal Code. The California Air Resources Board (CARB) Air Quality and Land Use Handbook (2005) recommends avoiding the siting of new sensitive receptors within 500 feet of an urban roadway with 100,000 vehicles daily. Traffic counts from 2015 show daily volumes on Milliken Avenue in proximity to Jersey Boulevard were 30,310. If these volumes are factored up by 2% annually, the 2021 volumes would be approximately 34,134. This is less than the recommended threshold for siting new sensitive properties. While the project is not a sensitive use the nearest sensitive use is located approximately Page 378 Mr. Vincent Acuna March 8, 2022 Page 4 BIRDSEYE PLANNING GROUP 1354 York Drive, Vista, CA 92084 | (760) 712-2199 | www.birdseyeplanninggroup.com one-half mile south of the site along Milliken Avenue, and as stated, daily volumes on Milliken Avenue are and would remain less than the CARB recommended threshold. Further, both the CARB (Air Quality and Land Use Handbook: A Community Health Perspective, April 2005) and the SCAQMD analyses indicate that providing a separation of 1,000 feet substantially reduces DPM concentrations and public exposure downwind of a distribution center, the use closest to the proposed warehouse project. While these analyses do not provide specific risk estimates for distribution centers, they provide an indication of the range of risk and the benefits of providing a separation. Note that CARB recommends a separation of 1,000 feet based on the combination of risk analysis done for Transport Refrigeration Units (TRUs) associated with distribution centers. The project will not have on-site refrigeration; and thus, will not have trucks on-site with operating TRUs. Given the distance between the project site is greater than 1,000 feet, no TRUs would operate on the site and traffic volumes on Milliken Avenue are lower than the CARB recommendations for siting new sensitive receptors, project-related truck traffic would not pose a health risk that would justify further evaluation in a construction or operational health risk assessment. 4. Failure to Adequately Evaluate Greenhouse Gas Impacts The appellant contends the following: • The DEIR’s quantitative GHG analysis relies upon an incorrect and unsubstantiated air model; • The DEIR fails to consider the performance-based standards under CARB’s Scoping Plan; and; • The DEIR fails to consider the performance-based standards under SCAG’s RTP/SCS. Response: The reasoning behind the methodology used to model the land uses associated with the project is described above. The annual GHG emissions (2,410 metric tons of CO2e annually) are projected to be less than 25% of the annual threshold (10,000 metric tons of CO2e annually). As stated, the modeling was intended to maximize total mobile source GHG emission estimates. While the appellant does not identify specific emission sources that were neglected in the modeling, we can assume that they are referring to energy emissions associated with operation of the office space relative to the same area of warehouse space. CalEEMod was revised to remove 8,127 square feet of warehouse space and replace it with the same amount of office space. The modeling results showed that with the office space, total GHG emissions associated with electrical consumption would increase by approximately 10 tons annually. This would increase the total annual GHG emissions to 2,420 MT CO2e. This is conservative as the heavy truck trip volumes were not reduced to reflect the smaller warehouse square footage. The GHG emissions would remain less than 25% of the annual threshold. The significance of the impact would not change from what was disclosed in the DEIR. The appellant further states that the DEIR is insufficient because the project was not compared to the performance-based standards within CARB’s scoping plan and the SCAG RTP/SCS. As stated in the Air Quality and Greenhouse Gas Technical Report, the City of Rancho Cucamonga does not have an adopted threshold of significance for GHG emissions. Thus, for CEQA purposes, the City has discretion to select an appropriate significance criterion, based on substantial evidence. The SCAQMD's adopted numerical threshold of 10,000 MTCO2e/year for industrial stationary source Page 379 Mr. Vincent Acuna March 8, 2022 Page 5 BIRDSEYE PLANNING GROUP 1354 York Drive, Vista, CA 92084 | (760) 712-2199 | www.birdseyeplanninggroup.com emissions is used as the significance criterion in the subject DEIR and other warehouse projects approved by the City. The consistency analysis is commonly performed by evaluating project consistency with applicable goals, policies and/or action items in the statewide and regional planning documents. The DEIR doesn’t provide a performance-based analysis relative to the 2017 CARB Scoping Plan and RTP/SCS because it isn’t required for the purpose of CEQA compliance. Should you have questions or would like more information, please contact me via email at ryan@birdseyeplanninggroup.com or call 760-712-2199. Regards, Ryan Birdseye Principal Page 380 Resolution No. 2022-035 - Page 1 of 4 RESOLUTION NO. 2022-035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING THE APPEAL OF AND UPHOLDING THE PLANNING COMMISSION’S APPROVAL OF DESIGN REVIEW DRC2019-00766, A REQUEST TO CONSTRUCT A 159,580 SQUARE-FOOT INDUSTRIAL/WAREHOUSE BUILDING ON A VACANT 7.39-ACRE PARCEL WITHIN THE INDUSTRIAL EMPLOYMENT (IE) DISTRICT LOCATED AT THE NORTHWEST CORNER OF JERSEY BOULEVARD AND MILLIKEN AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0229-111-60 A.Recitals. 1.The applicant, 11298 JERSEY BLVD, LLC, filed an application for the approval of Design Review DRC2019-00766 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Design Review is referred to as "the application." 2.On February 9, 2022, the Planning Commission of the City of Rancho Cucamonga adopted Resolution No. 22-002 approving the application and making findings in support of its decision. 3.On February 17, 2022, Lozeau Drury, LLP (“Appellant”), filed a timely appeal of the Planning Commission’s decision approving the application. 4.On April 20, 2022, the City Council of the City of Rancho Cucamonga opened a duly noticed public hearing on the appeal, conducted the public hearing, concluded the hearing on that date, and adopted this Resolution denying the appeal and upholding the Planning Commission’s approval of the application and making findings in support thereof. 5.All legal prerequisites prior to the adoption of this Resolution have occurred. B.Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1.This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2.Based upon all available evidence in the record and presented to the City Council during the above-referenced public hearing on April 20, 2022, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a.The application applies to property located within the City; and b.The application applies to an approximately 7.39-acre rectangular piece of land within the Industrial Employment (IE) District, located at the northwest corner of Jersey Boulevard and Milliken Avenue; and Page 381 Resolution No. 2022-035 - Page 2 of 4 c.The land use, General Plan land use designation, and Zoning classification for the subject property are as follows: Land Use General Plan Zoning Site Vacant Neo Industrial Employment Industrial Employment (IE) District North Industrial/Warehouse Buildings Neo Industrial Employment Neo Industrial (NI) District South Fire Station and Training Center Neo Industrial Employment Industrial Employment (IE) District East Industrial/Warehouse Building Neo Industrial Employment Industrial Employment (IE) District West Industrial/Warehouse Building Neo Industrial Employment Industrial Employment (IE) District d.The proposed project consists of the construction of a 159,580 square-foot warehouse/distribution building and ancillary on-site improvements; and e.The project complies with all pertinent development standards related to building height, site coverage, front/rear setbacks, parking; and f.The project complies with the landscaping requirements as prescribed in the Development Code. 3.Based upon all available evidence in the record and presented to the City Council during the above referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, the City Council hereby finds and concludes as follows: a.The proposed project is consistent with the objectives of the General Plan. The site is located within land designated as Neo Industrial Employment, which permits primarily light industrial and low impact uses. The project consists of a 159,580 square-foot warehouse/distribution building surrounded by existing industrial uses. All site improvements, including parking and landscaped areas, are designed to be consistent with the warehouse/distribution use and are consistent with the Neo Industrial Employment land use as designated in the General Plan. b.The proposed use is in accord with the objectives of the Development Code and the purposes of the district in which the site is located. The Development Code designates the project site as an Industrial Employment (IE) District. The proposed warehouse/distribution building for the site is consistent with the land use intent of the Industrial Employment (IE) District. The zoning of the adjacent sites to the property are within the Industrial Employment (IE) District and Neo Industrial (NI) District and consist mainly of industrial buildings. The overall design of the new building is similar in scale and intensity to neighboring lots. The height of the proposed building is 45 feet and does not exceed the maximum height allowed for other industrial buildings Page 382 Resolution No. 2022-035 - Page 3 of 4 in the Industrial Employment (IE) District. The Floor Area Ratio (FAR) of the entire site at buildout is 0.5 and will be generally consistent with other industrial properties in the area. c.The proposed use is in compliance with each of the applicable provisions of the Development Code. The building is designed for warehouse/distribution operations. The building meets all setbacks, floor area ratio, height, and landscaping requirements. The building has been designed to meet the City’s architectural standards. The project meets the minimum parking, loading, and access requirements. 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 site is surrounded by industrial/warehouse facilities of a similar scale and intensity. Furthermore, the proposed building is substantially surrounded by existing buildings. Operations on the site are expected to meet all Development Code standards regarding noise and odor. 4.The Project was environmentally reviewed pursuant to the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the City’s Local CEQA Guidelines. The City determined that an EIR would 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. 2022-036, and in connection with the City Council’s upholding of the Planning Commission’s approval of Design Review DRC2019-00766, the City Council: (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- 036 is incorporated herein by reference and made a part hereof as if fully set forth herein. The documents and other materials that constitute the record on which this determination was made are located in the Planning Department and are in the custody of the Planning Director. Further, the mitigation measures set forth therein are made applicable to the Project. 5.Based upon the findings, evidence, and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, the City Council hereby denies the appeal of Planning Commission Decision DRC2019-00766 and upholds the Planning Commission’s decision to approve Design Review DRC2019-00766 subject to each and every condition set forth in the Conditions of Approval attached to Planning Commission Resolution No. 22-002. 6.The City Clerk shall certify to the adoption of this Resolution. Page 383 Resolution No. 2022-035 - Page 4 of 4 PASSED, APPROVED and ADOPTED this 20 day of April, 2022. __________________________________ L. Dennis Michael, Mayor ATTEST: __________________________________ Janice C. Reynolds, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 20th day of April, 2022. AYES: NOES: ABSENT: ABSTAINED: Executed this 21st day of April, 2022, at Rancho Cucamonga, California. __________________________________ Janice C. Reynolds, City Clerk APPROVED AS TO FORM: __________________________________ Nicholas R. Ghirelli, City Attorney Richards, Watson & Gershon Page 384 Resolution No. 2022-036 - Page 1 of 7 RESOLUTION NO. 2022-036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CERTIFYING THE ENVIRONMENTAL IMPACT REPORT (SCH NO. 2021060608) PREPARED FOR THE 11298 JERSEY BLVD, LLC PROJECT WHICH PROPOSES TO CONSTRUCT A 159,580 SQUARE- FOOT INDUSTRIAL/WAREHOUSE BUILDING ON A VACANT 7.39-ACRE PARCEL WITHIN THE INDUSTRIAL EMPLOYMENT (IE) DISTRICT, LOCATED AT THE NORTHWEST CORNER OF JERSEY BOULEVARD AND MILLIKEN AVENUE - APN: 0229-111 -60, MAKING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM A. Recitals. 1. The applicant, 11298 JERSEY BLVD, LLC, filed an application for the approval of Design Review DRC2019-00766 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Design Review is referred to as "the application." 2. In accordance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, the City concluded that there was substantial evidence that the Project might have a significant environmental impact on several resources and determined that an Environmental Impact Report (EIR) must be prepared for the Project in order to analyze the Project’s potential impacts on the environment. 3. Pursuant to CEQA Guidelines, Section 15082, on June 28, 2021, the City published a Notice of Preparation (NOP) of a Draft EIR for the Project, and circulated the NOP and initial study to the Office of Planning and Research, the County Clerk, responsible and trustee agencies, governmental agencies, organizations, and persons who may be interested in the application for a 30-day public review period. 4. The City received comments from the Native American Heritage Commission in response to the NOP. 5. After providing notice to the required tribes under Assembly Bill (AB) 52, the City received comments from the San Manuel Band of Mission Indians and the Gabrieleno Band of Mission Indians - Kizh Nation in accordance with the City’s obligations under AB 52. 6. The City released the Draft EIR for a 45-day public review period beginning November 12, 2021, and ending on December 27, 2021. During the public review period the City received a total of 2 comment letters on the Draft EIR that required a response, and the City has prepared responses to each comment. Page 385 Resolution No. 2022-036 - Page 2 of 7 7. The EIR concludes that with the inclusion of mitigation measures, the Project will not have a significant impact on any environmental resources. 8. The City prepared a Final EIR in accordance with CEQA, which contains the City’s responses to comments, a Mitigation Monitoring and Reporting Program (MMRP) for the Project, the Draft EIR as modified by the Final EIR, and all appendices. 9. On February 9, 2022, the Planning Commission of the City of Rancho Cucamonga adopted Resolution No. 22-002 approving the application and making findings in support of its decision. 10. On February 17, 2022, Lozeau Drury, LLP (“Appellant”), filed a timely appeal of the Planning Commission’s decision approving the application. 11. On April 20, 2022, the City Council of the City of Rancho Cucamonga opened a duly noticed public hearing on the appeal, conducted the public hearing, concluded the hearing on that date, and adopted this Resolution certifying the Final EIR, making findings pursuant to CEQA, and adopting an MMRP. On that same date, and by separate Resolution No. 2022-035, the City Council denied the appeal and upheld the Planning Commission’s approval of the application and made findings in support thereof. 12. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Findings. Based upon the information and evidence set forth in the Final EIR, together with its appendices, and all other available evidence presented to the City Council during the above-referenced public hearing on April 20, 2022, including written and oral staff reports and public testimony, the City Council hereby specifically finds as follows: a. Agencies and interested members of the public have been afforded due notice and an opportunity to comment on the EIR and the Project. b. Section 15091 of the State CEQA Guidelines requires that the City, before approving the Project, make one or more of the following written findings for each significant effect identified in the Final EIR accompanied by a brief explanation of the rationale for each finding: Page 386 Resolution No. 2022-036 - Page 3 of 7 i. Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR; ii. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency; or iii. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. These required findings are set forth in the attached Exhibit A and incorporated herein by this reference. c. Environmental impacts identified in the Final EIR that are found to be less than significant and do not require mitigation are described in Section 4 of Exhibit A, attached hereto and incorporated herein by reference. d. Environmental impacts identified in the Final EIR as potentially significant, but that can be reduced to less than significant levels with mitigation, are described in Section 5 of Exhibit A attached hereto and incorporated herein by reference. e. No environmental impacts were identified in the Final EIR as significant and unavoidable despite the imposition of all feasible mitigation measures, and a statement further confirming this conclusion is provided in Section 6 of Exhibit A, attached hereto and incorporated herein by reference. f. State CEQA Guidelines Section 15091 and Public Resources Code Section 21081.6 requires the City to prepare and adopt a mitigation monitoring and reporting program for any project for which mitigation measures have been imposed to assure compliance with the adopted mitigation measures. The Mitigation Monitoring and Reporting Program is attached hereto as Exhibit B and is hereby incorporated herein by reference. Further, the mitigation measures set forth therein are made applicable to the Project. g. Prior to taking action on the Final EIR and approving the Project, the Planning Commission specifically finds and certifies that: (1) the Final EIR was presented to the Planning Commission; (2) the Planning Commission reviewed and considered the Final EIR and all of the information and data in the administrative record, and all oral and written testimony presented to it during meetings and hearings; (3) the Final EIR is adequate and has been completed in full compliance with CEQA; and (4) the Final EIR reflects the Planning Commission’s independent judgment and analysis. Page 387 Resolution No. 2022-036 - Page 4 of 7 h. No comments or any additional information submitted to the City have produced any substantial new information requiring additional recirculation or additional environmental review of the Project under CEQA. 3. Determination. On the basis of the foregoing and all of the evidence in the administrative record before it, the City Council hereby certifies the Final EIR, adopts findings pursuant to the CEQA as set forth in Exhibit A attached hereto and incorporated herein by reference, and adopts the Mitigation Monitoring and Reporting Program (MMRP) attached hereto as Exhibit B and incorporated herein by reference. 4. Location of Record. The documents and other materials, including the staff reports, technical studies, appendices, plans, and specifications, that constitute the record on which this Resolution is based are located in the Planning Department and are in the custody of the Planning Director, 10500 Civic Center Drive, Rancho Cucamonga, CA 91730. All such documents are incorporated herein by reference. 5. The City Clerk shall certify to the adoption of this Resolution. Page 388 Resolution No. 2022-036 - Page 5 of 7 PASSED, APPROVED and ADOPTED this 20th day of April, 2022. __________________________________ L. Dennis Michael, Mayor ATTEST: __________________________________ Janice C. Reynolds, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 20th day of April, 2022. AYES: NOES: ABSENT: ABSTAINED: Executed this 21st day of April, 2022, at Rancho Cucamonga, California. __________________________________ Janice C. Reynolds, City Clerk APPROVED AS TO FORM: __________________________________ Nicholas R. Ghirelli, City Attorney Richards, Watson & Gershon Page 389 Resolution No. 2022-036 - Page 6 of 7 Exhibit A CEQA Findings and Facts in Support of Findings Page 390 CANDIDATE FINDINGS OF FACT for Jersey Industrial Complex Project SCH No. 2021060608 Prepared for: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, California 91730 Contact: Vincent Acuna Prepared by: Birdseye Planning Group, LLC P.O. Box 1956, Vista, CA 92085 Contact: Ryan Birdseye January 2022 Page 391 This page intentionally left blank. Page 392 TABLE OF CONTENTS TABLE OF CONTENTS Section Page Jersey Industrial Complex Project Findings of Fact January 2022 i SECTION 1. INTRODUCTION .........................................................................................................1 1.1. Purpose .................................................................................................................. 1 1.2. Records of Proceedings ......................................................................................... 3 1.3. Custodian and Location of Records ....................................................................... 4 1.4. CEQA Findings of Independent Judgment, Review and Analysis ........................... 4 SECTION 2. GENERAL CEQA FINDINGS ..........................................................................................4 SECTION 3. FINDINGS REGARDING ENVIRONMENTAL EFFECTS DETERMINED TO HAVE NO IMPACT5 3.1. Aesthetics ............................................................................................................... 6 3.2. Agriculture and Forestry Resources ....................................................................... 6 3.3. Biological Resources .............................................................................................. 7 3.4. Cultural Resources ................................................................................................. 9 3.5. Energy .................................................................................................................... 9 3.6. Geology and Soils ................................................................................................... 9 3.7. Hazards and Hazardous Materials ....................................................................... 10 3.8. Hydrology and Water Quality .............................................................................. 12 3.9. Land Use and Planning ......................................................................................... 12 3.10. Mineral Resources ............................................................................................... 13 3.11. Noise .................................................................................................................... 14 3.12. Population and Housing ....................................................................................... 14 3.13. Public Services ..................................................................................................... 14 3.14. Recreation ............................................................................................................ 15 3.15. Transportation/Traffic ......................................................................................... 15 3.16. Utilities and Service Systems ............................................................................... 16 3.17. Wildfire ................................................................................................................ 16 SECTION 4. FINDINGS REGARDING ENVIRONMENTAL IMPACTS FOUND TO BE LESS THAN SIGNIFICANT (NO MITIGATION REQUIRED) ............................................................... 17 4.1. Aesthetics ............................................................................................................. 17 4.2. Air Quality ............................................................................................................ 18 4.3. Energy .................................................................................................................. 19 Page 393 TABLE OF CONTENTS Jersey Industrial Complex Project Findings of Fact January 2022 ii 4.4. Geology and Soils ................................................................................................. 19 4.5. Greenhouse Gas Emissions .................................................................................. 21 4.6. Hazards and Hazardous Materials ....................................................................... 21 4.7. Hydrology and Water Quality .............................................................................. 22 4.8. Noise .................................................................................................................... 23 4.9. Public Services ..................................................................................................... 24 4.10. Transportation/Traffic ......................................................................................... 24 4.11. Utilities and Service Systems ............................................................................... 25 4.12. Wildfire ................................................................................................................ 26 SECTION 5. FINDINGS REGARDING ENVIRONMENTAL IMPACTS FOUND TO BE LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED ..................................................... 27 5.1. Air Quality ............................................................................................................ 27 5.2. Biological Resources ............................................................................................ 29 5.3. Cultural Resources ............................................................................................... 31 5.4. Tribal Cultural Resources ..................................................................................... 33 SECTION 6. FINDINGS REGARDING ALTERNATIVES TO THE PROPOSED PROJECT .......................... 36 6.1. Alternatives Considered and Rejected ................................................................ 36 6.2. Alternative Sites ................................................................................................... 37 6.3. Alternatives Selected for Further Analysis .......................................................... 37 SECTION 7. GENERAL CEQA FINDINGS ........................................................................................ 42 SECTION 8. FINDINGS REGARDING CIRCULATION ........................................................................ 44 SECTION 9. LEGAL EFFECTS OF FINDINGS .................................................................................... 45 Page 394 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 1 SECTION 1. INTRODUCTION This statement of Findings of Fact (Findings) addresses the environmental effects associated with the proposed Jersey Industrial Complex Project (Project), as described in the Final Environmental Impact Report (FEIR). These Findings are made pursuant to the California Environmental Quality Act (CEQA) (California Public Resources Code [PRC] § 21000 et seq.), specifically PRC §§ 21081, 21081.5, and 21081.6, and the CEQA Guidelines (14 California Code of Regulations [CCR] 15000 et seq.), specifically §§ 15091 and 15093. The Draft EIR (DEIR) examined the full range of potential effects of construction and operation of the Project and identified standard mitigation practices that could be employed to reduce, minimize, or avoid those potential effects. In accordance with, and in furtherance of the mandates contained in California Public Resources Code Section 21002 and related case law, the Project design reflects the identification and implementation of feasible mitigation measures to lessen identified environmental impacts, and the FEIR presented information on the environmental effects of the Project, including effects that are mitigated to below a level of significance. 1.1. Purpose PRC § 21081, and CEQA Guidelines § 15091 require that the lead agency, in this case the City of Rancho Cucamonga (City), prepare written findings for identified significant effects, accompanied by a brief explanation of the rationale for each finding. PRC § 21081(a) affirmatively requires a lead agency make one or more of three possible findings in reference to each significant impact. In addition, PRC § 21081(b) requires an additional finding for impacts that include specific economic, legal, social, technological, and other considerations wherein the lead agency affirms that the project benefits outweigh the environmental impacts. CEQA Guidelines § 15091 states, in part, that: a) No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. Page 395 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 2 3. Specific economic, legal, social, technological, or other considerations, including the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. In accordance with PRC § 21081, and CEQA Guidelines § 15093 (Statement of Overriding Conditions [SOC]), whenever significant effects cannot be mitigated to below a level of significance, the decision‐making agency is required to balance, as applicable, the benefits of the project against its unavoidable environmental risks when determining whether to approve the project. If the benefits of a project outweigh the unavoidable adverse environmental effects, the adverse effects may be considered “acceptable.” In that case, the decision-making agency may prepare and adopt an SOC, pursuant to the CEQA Guidelines. Section 15093 of the CEQA Guidelines provides: a) CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." b) When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the FEIR and/or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record. c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091. The FEIR identified potentially significant effects that could result from the project. The City finds that the inclusion of feasible mitigation measures as part of the approval of the Project will reduce all of those effects to less-than‐significant levels. As required by CEQA, the City, in adopting these Findings, also adopts a Mitigation Monitoring and Reporting Program (MMRP) for the Project. The City finds that the MMRP, which is incorporated by reference and made a part of these Findings, meets the requirements of PRC § 21081.6, by providing for the implementation and monitoring of measures intended to mitigate potentially significant effects of the Project. In accordance with the CEQA Statutes and Guidelines, the City adopts these Findings for the Project. Pursuant to PRC § 21082.1(c)(3), the City also finds that these Findings reflect the City’s Page 396 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 3 independent judgment as the lead agency for the Project (see Findings Section 1.4, CEQA Findings of Independent Judgment, Review and Analysis). 1.2. Records of Proceedings For the purposes of CEQA and these Findings, the record of proceedings for the Project includes all data and materials outlined in PRC § 21167.6(e), along with other Project-relevant information contained within the City’s files. Specifically, the record of proceedings for the City’s decision on the Project includes the following documents, all of which are incorporated by reference and are relied on in supporting these Findings: • The Notice of Preparation (NOP) and all other public notices issued by the City in conjunction with the Project. • All written comments submitted by agencies, organizations, or members of the public during the public review comment period on the NOP. • The DEIR for the Project and all technical appendices, technical memoranda and documents relied upon or incorporated by reference. • All written comments submitted by agencies, organizations, or members of the public during the public review comment period on the DEIR and the City’s responses to those comments, including related referenced technical materials and DEIR errata. • The FEIR for the Project. • The MMRP for the Project. • All reports, studies, memoranda, maps, staff reports, or other planning documents relating to the Project prepared by the City or consultants to the City with respect to the City’s compliance with the requirements of CEQA and with respect to the City’s action on the Project. • All documents submitted to the City by other public agencies or members of the public in connection with the DEIR. • Any minutes and/or verbatim transcripts of all information sessions, public meetings, and public hearings held by the City in connection with the Project. • Any documentary or other evidence submitted to the City at such information sessions, public meetings, and public hearings. • All resolutions adopted by the City regarding the Project, and all staff reports, analyses, and summaries related to the adoption of those resolutions. • Matters of common knowledge to the City, including, but not limited to federal, state, and local laws and regulations. • Any documents expressly cited in these Findings, in addition to those cited above, and any other materials required for the record of proceedings by PRC § 21167.6(e). Page 397 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 4 1.3. Custodian and Location of Records The documents and other materials that, as a whole, make up the Record of Proceedings for the City’s actions related to the Project are located at the City of Rancho Cucamonga, Planning Department, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. The City, as the lead agency for the Project, is the custodian of the Record of Proceedings for the Project. 1.4. CEQA Findings of Independent Judgment, Review and Analysis Under CEQA, the lead agency must (1) independently review and analyze the EIR; (2) circulate draft documents that reflect its independent judgment; (3) as part of the certification of an EIR, find that the report or declaration reflects the independent judgment of the lead agency; and (4) submit copies of the documents to the State Clearinghouse if there is state agency involvement or if the project is of statewide, regional, or area-wide significance (PRC § 21082.1[c]). The Findings contained in this document reflect the City’s conclusions, as required pursuant to CEQA, for the Project. The City has exercised independent judgment, in accordance with PRC § 21082.1(c)(3), in the preparation of the EIR. The review, analysis and revision material prepared by the Project Applicant and its consultants, and the review, analysis, and revision of the EIR based on comments received during the public comment process. Having received, reviewed, and considered the information in the FEIR, as well as any and all other information in the record, the City hereby makes these Findings pursuant to and in accordance with PRC §§ 21081, 21081.5, and 21081.6. SECTION 2. GENERAL CEQA FINDINGS Pursuant to PRC § 21081 and CEQA Guidelines § 15091, no public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant effects on the environment that would occur if the project is approved or carried out unless the public agency makes one or more of the following findings with respect to each significant impact: 1. Changes or alterations have been required in, or incorporated into, the project which mitigates or avoid the significant effects on the environment. [referred to in these Findings as “Finding 1”]. 2. Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency. [referred to in these Findings as “Finding 2”]. 3. Specific economic, legal, social, technological, or other consideration, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report. (The concept of infeasibility also encompasses whether a particular alternative or mitigation measure promotes the Project’s underlying goals and objectives, Page 398 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 5 and whether an alternative or mitigation measure is impractical or undesirable from a policy standpoint. See, California Native Plant Society v. City of Santa Cruz (2009) 177 Cal. App. 4th 957; City of Del Mar v. City of San Diego (1982) 133 Cal. App.3d 410). [referred to in these Findings as “Finding 3”]. The City has made one or more of the required written findings for each significant impact associated with the Project. Those written findings, along with a presentation of facts in support of each of the written findings, are presented below. The City certifies these findings are based on full appraisal of all viewpoints, including all comments received up to the date of adoption of these findings, concerning the environmental issues identified and discussed. The mitigation measures adopted as part of the Project are feasible and mitigate the environmental impacts to the maximum extent feasible and possible as discussed in the findings made below. The FEIR includes minor clarifications to the DEIR. These changes made to the DEIR are shown in the FEIR in response to individual comments and are shown in strikethrough and underline text. Thus, it is the finding of the City that such clarifying changes as described in the FEIR, do not present any new, significant information requiring recirculation or additional environmental review under PRC § 21092.1 and CEQA Guidelines § 15088.5. A Mitigation Monitoring and Reporting Program MRP for the Project has been adopted pursuant to the requirements of PRC § 21081.6 to ensure implementation of the adopted mitigation measures to reduce significant effects on the environment and is included in the FEIR document. The City is the custodian of the documents and other material that constitute the record of the proceedings upon which certification of the FEIR for the Project is based, as described above in Section 1.3, Custodian and Location of Records. It is the finding of the City of Rancho Cucamonga’s City Council that the FEIR, as presented for review and approval, fulfills environmental review requirements for the Project, and that the document constitutes a complete, accurate, adequate, and good faith effort at full disclosure under CEQA, and reflects the independent judgment of the City. SECTION 3. FINDINGS REGARDING ENVIRONMENTAL EFFECTS DETERMINED TO HAVE NO IMPACT For the following significance thresholds, the City finds that, based upon substantial evidence in the record, the proposed Project would have no impact; therefore, no mitigation is required, and no significant, unavoidable adverse impacts would occur. Page 399 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 6 3.1. Aesthetics Significance Threshold: Would the project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings along a scenic highway? Basis of Conclusion: There are no state or County eligible or designated state scenic highways in the City of Rancho Cucamonga. The nearest officially designated scenic highway is State Route (SR) 2 (Angeles Crest Scenic Highway), located on the north side of the San Gabriel Mountains and approximately 12 miles from the northern City boundary. No scenic resources are located within or adjacent to the project site. Given the distance between the Project Site and the nearest officially designated state scenic highways, the proposed Project would not substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway. Therefore, no impacts to scenic resources would be anticipated. Supportive Evidence: Please refer to DEIR page 5-4. 3.2. Agriculture and Forestry Resources Significance Threshold: Would the project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? Basis of Conclusion: According to the California Department of Conservation’s California Important Farmland Finder, the proposed Project site does not contain Prime Farmland, Unique Farmland, Farmland of Statewide Importance, or Farmland of Local Importance. The site is classified as “Urban and Built-Up Land” by the Farmland Finder. The Project site does not contain Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. No impact to these resources would occur. Supportive Evidence: Please refer to DEIR pages 5-5 through 5-6. Significance Threshold: Would the project conflict with existing zoning for agricultural use or a Williamson Act contract? Basis of Conclusion: The Project site is zoned MI/HI and designated Heavy Industrial in the General Plan Update (2010). The Heavy Industrial designation permits heavy manufacturing, compounding, processing or fabrication, warehousing, storage, freight handling, and truck services and terminals, as well as supportive service commercial uses. This district is intended for Industrial use. Additionally, the Project site is not enrolled in a Williamson Act contract. As a Page 400 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 7 result, no impacts related to conflicts with agricultural zoning or a Williamson act contract would occur. No impact would occur. Supportive Evidence: Please refer to DEIR page 5-6. Significance Threshold: Would the project conflict with existing zoning for, or cause rezoning of, forest land (as defined in PRC Section 12220(g)) or timberland (as defined in PRC Section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? Basis of Conclusion: Neither the Project site nor surrounding areas are zoned for forest use or timber production. The site has not been used for timber production or commercial agriculture. The Project would not conflict with any zoning designations designed to preserve timber or agricultural resources. No impact would occur. Supportive Evidence: Please refer to DEIR page 5-6. Significance Threshold: Would the project result in the loss of forest land or conversion of forest land to non-forest use? Basis of Conclusion: There is no forest land on or in the vicinity of the proposed Project site. The Project would not result in the loss of forest land or conversion of forest land to non-forest use. No impact would occur. Supportive Evidence: Please refer to DEIR page 5-6. Significance Threshold: Would the project involve other changes in the existing environment that, due to their location or nature, could individually or cumulatively result in loss of Farmland to nonagricultural use or conversion of forest land to non-forest use? Basis of Conclusion: There is no farmland or forest land located within or near the proposed Project site. The Project would not involve any changes that could result in the loss or conversion of farmland or forest land to other uses. No impact would occur. Supportive Evidence: Please refer to DEIR page 5-6. 3.3. Biological Resources Significance Threshold: Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations, Page 401 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 8 or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Basis of Conclusion: The Project site does not support riparian habitat; United States Army Corps of Engineers (USACE), California Department of Fish and Wildlife (CDFW), or Regional Water Quality Control Board (RWQCB) jurisdictional areas; wetlands; or, sensitive natural communities. Therefore, no impact would occur. Supportive Evidence: Please refer to DEIR page 5-7. Significance Threshold: Would the project have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Basis of Conclusion: The Project site does not support riparian habitat; non-wetland jurisdictional resources; wetlands; or, sensitive natural communities. Therefore, no impact would occur. Supportive Evidence: Please refer to DEIR page 5-7. Significance Threshold: Would the project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Basis of Conclusion: The Project site is isolated from regional wildlife corridors and linkages, and there are no riparian corridors, creeks, or useful patches of steppingstone habitat (natural areas) within or connecting the Project site to any identified wildlife corridors or linkages. No impact would occur. Supportive Evidence: Please refer to DEIR page 5-7. Significance Threshold: Would the project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Basis of Conclusion: The Project site does not contain any trees that would qualify as Heritage Trees under the City’s Municipal Code and no street trees would be removed during site preparation. Further, there are no Habitat Conservation Plans or Natural Community Conservation Plans that are applicable to the area. No impact would occur. Supportive Evidence: Please refer to DEIR page 5-8. Page 402 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 9 Significance Threshold: Impact - Would the project conflict with the provisions of an adopted habitat conservation plan, natural community conservation plan, or any other approved local, regional, or state habitat conservation plan? Basis of Conclusion: The Project site is not within an adopted Habitat Conservation Plan; Natural Communities Conservation Plan; or other approved local, regional, or State habitat conservation plan area. Therefore, implementation of the Project would not conflict with the provisions of an adopted plan and no impacts would occur. Supportive Evidence: Please refer to DEIR page 5-8. 3.4. Cultural Resources Significance Threshold: Would the project cause a substantial adverse change in the significance of a historical resource pursuant to §15064.5? Basis of Conclusion: The Project site has not been developed; thus, there are no structures or other features that may be determined a historical resource pursuant to CEQA Guidelines §15064.5. No recorded resources are located within the area of potential effect (APE). The Project site is not part of a historic district nor would historic resources be affected by the Project. No impact would occur. Supportive Evidence: Please refer to DEIR page 4-53. 3.5. Energy Significance Threshold: Would the project conflict with or obstruct a state or local plan for renewable energy or energy efficiency? Basis of Conclusion: The Project would not conflict with or obstruct a State or local plan for renewable energy or energy efficiency. No impact would occur. Supportive Evidence: Please refer to DEIR page 5-9. 3.6. Geology and Soils Significance Threshold: Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death from landslides? Basis of Conclusion: The Project site does not exhibit sloped conditions, adverse geologic conditions, or weak earth materials and is not at risk for seismic induced landslides. The Project would not expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving landslides. No impact would occur. Page 403 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 10 Supportive Evidence: Please refer to DEIR page 5-9. Significance Threshold: Be located on expansive soil, as defined in Table 18-1-B of the UBC (1994), creating substantial direct or indirect risks to life or property? Basis of Conclusion: As stated in the General Plan EIR, Section 4.7, Geology/Soils, expansive soils are soils with a significant amount of clay particles that have the ability to shrink or swell with water. When these soils swell, they exert pressure on building foundations and may cause damage. Soils in the City of Rancho Cucamonga and its sphere of influence have relatively low amounts of clay and no soil expansion hazards are present No impact would occur related to expansive soils. Supportive Evidence: Please refer to DEIR page 4-64. Significance Threshold: Would the project have soils that are incapable of supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Basis of Conclusion: No septic tanks or alternative wastewater systems will be constructed as part of the proposed Project and no impacts will occur. Supportive Evidence: Please refer to DEIR page 5-9. 3.7. Hazards and Hazardous Materials Significance Threshold: Would the project be located on a site which is included on a list of hazardous material sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? Basis of Conclusion: Slag fill material was identified on the site that was determined to be hazardous. The site was remediated consistent with the Phase II Investigation and Remediation Plan; however, no state or local CUPA oversight occurred. As referenced in the Site Remediation Report (July 2020), a total of 12,364 tons of hazardous material was removed from the site and disposed of at the La Paz County landfill, Arizona. Based on the amount of material excavated and properly disposed of offsite, visual evidence and verification sampling of remaining soils, it was concluded that constituents within the soil remaining on-site are below the agreed upon Department of Toxic Substance Control (DTSC) regulatory cleanup levels. The Project site is not on the Cortese list, nor on databases maintained by either the DTSC or the State Water Resources Control Board (SWRCB). Further, there are no Cortese listed sites located in proximity to the Project site. The Project is not located on a site included on a list Page 404 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 11 compiled pursuant to Government Code Section 65962.5. No impact would occur and no mitigation is required. Supportive Evidence: Please refer to DEIR pages 5-10 through 5-11. Significance Threshold: Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within ¼ mile of an existing or proposed school? Basis of Conclusion: No existing or proposed schools are located within one-quarter mile of the Project site. The nearest school to the Project site is the Rancho Cucamonga Middle School which is located at 10022 Feron Boulevard in Rancho Cucamonga approximately 2.6 miles west of the site. Cucamonga Elementary School is located at 8677 Archibald Avenue approximately 2.9 miles west of the site. Accordingly, the Project would not emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school. No impact would occur. Supportive Evidence: Please refer to DEIR page 5-10. Significance Threshold: For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? Basis of Conclusion: Ontario International Airport is located approximately 3.8 miles southwest of the Project site. The proposed Project is located within the Airport Influence Area and Airport Land Use Compatibility Zone E as shown in the Ontario Airport Land Use Compatibility Plan (ALUCP) Map 2-. There are no specific land use constraints within Zone E that would apply to the Project. The proposed Project would not result in a safety concern for people residing in proximity to Ontario International Airport. No impact would occur. Supportive Evidence: Please refer to DEIR page 5-10. Significance Threshold: Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Basis of Conclusion: The proposed Project would not obstruct access to the Project vicinity through road closures or other project actions that could impact evacuation routes or otherwise impair evacuation during emergencies. Access to areas surrounding the site via Milliken Avenue and Jersey Boulevard would be maintained. No impact would occur. Supportive Evidence: Please refer to DEIR page 5-10. Page 405 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 12 Significance Threshold: Expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires? Basis of Conclusion: The Project site is not located within a designated fire hazard area or a Very High Fire Hazard Severity Zone within a Local Responsibility Area. The Project would not expose people or structures to a significant risk associated with wildland fires. No impact would occur. Supportive Evidence: Please refer to DEIR page 5-10. 3.8. Hydrology and Water Quality Significance Threshold: Would the project, in flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? Basis of Conclusion: The Project site is not within a 100-year flood zone, is not within a tsunami zone, and is not within proximity to an enclosed or partially enclosed body of water that is capable of producing seiches. Therefore, there would be no impact related to risk of release of pollutants due to inundation of the Project site from a flood, tsunami or seiche. Supportive Evidence: Please refer to DEIR page 4-101. Significance Threshold: Would the project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? Basis of Conclusion: The Project site is within the Santa Ana River Basin and the Project would not conflict with the Santa Ana Basin Plan. Additionally, the Project would be consistent with the City of Rancho Cucamonga MS4 Permit. No impact would occur. Supportive Evidence: Please refer to DEIR pages 4-101 through 4-102. 3.9. Land Use and Planning Significance Threshold: Would the project physically divide an established community? Basis of Conclusion: The Project site is surrounded by warehouse/industrial uses to the north, east and west and Fire Station #174 and training facility to the south. The proposed Project would utilize the existing road network and not result in the construction of improvements that would physically divide an existing community or otherwise impact circulation on public roads surrounding the site. No impact would occur. Supportive Evidence: Please refer to DEIR page 5-12. Page 406 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 13 Significance Threshold: Would the project cause a significant environmental impact due to conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? Basis of Conclusion: Implementation of the Project would not result in conflicts with any local or regional land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect. The Project is consistent with the Rancho Cucamonga General Plan (2010) and Zoning Code. No impact would occur. Supportive Evidence: Please refer to DEIR pages 5-12 through 5-13. 3.10. Mineral Resources Significance Threshold: Would the project result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? Basis of Conclusion: The Project site is not part of an area known to have significant local sand and gravel resources. As stated in the General Plan EIR, the mineral resources are primarily sand and gravel deposits within the alluvial fans in and near Lytle Creek (San Sevaine Wash and Etiwanda Creek), San Antonio Creek, Cucamonga Creek, Deer Creek, and Day Creek. These alluvial fans generally start at the canyons at the base of the San Gabriel Mountains, north of the City. While the northern portion of these fans remain undeveloped, the creeks have been channelized in and near the City of Rancho Cucamonga and in developed areas along creeks. Implementation of the Project would not result in the loss of availability of a known mineral resource that would be of value to the region or to the residents of the State of California. No impact would result. Supportive Evidence: Please refer to DEIR page 5-13. Significance Threshold: Would the project result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? Basis of Conclusion: The Project site is not located in an area of known sand and gravel deposits and is not identified in the General Plan as a locally-important mineral resource recovery site. Implementation of the Project would not result in the loss of availability of a known mineral resource that would be of value to the region or to the residents of the State of California. No impact would result. Supportive Evidence: Please refer to DEIR page 5-13. Page 407 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 14 3.11. Noise Significance Threshold: For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? Basis of Conclusion: The Project site is located approximately 3.8 miles northwest of Ontario International Airport. There are no private airstrips in proximity to the site. The proposed Project is located within the Airport Influence Area and Airport Land Use Compatibility Zone E as shown in the Ontario ALUCP Map 2-1. No airport noise limits are associated with Zone E. No impact would occur. Supportive Evidence: Please refer to DEIR page 5-14. 3.12. Population and Housing Significance Threshold: Would the project induce substantial unplanned population growth in an area, either directly (e.g., by proposing new homes and business) or indirectly (e.g., through extension of roads or other infrastructure)? Basis of Conclusion: The Project would not construct housing, nor would it extend roads or other infrastructure into previously unserved areas. Thus, the Project would not directly or indirectly induce population growth. No impact related to unplanned population growth would result from Project implementation. Supportive Evidence: Please refer to DEIR page 5-14. Significance Threshold: Would the project displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? Basis of Conclusion: Construction of the proposed Project would not require the removal of existing housing; and thus, would not result in the displacement of people or require the construction of replacement housing elsewhere. No impact would occur. Supportive Evidence: Please refer to DEIR page 5-14. 3.13. Public Services Significance Threshold: Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities or a need for new or physically Page 408 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 15 altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services including other public facilities? v.) Other Public Facilities: Basis of Conclusion: The Project would not increase the population of Rancho Cucamonga or otherwise affect demand for library services. No new or expanded library services would be required. No impact would occur. Supportive Evidence: Please refer to DEIR page 5-16. 3.14. Recreation Significance Threshold: Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Basis of Conclusion: The Project does not propose any uses that would directly generate a population that would increase the use of existing neighborhood and regional parks or other recreational facilities. The Project would not add additional residences or business that would increase demand for any park or other recreational facility in the area. No impact would occur. Supportive Evidence: Please refer to DEIR pages 5-16 through 5-17. Significance Threshold: Does the project include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? Basis of Conclusion: No additional park land would be required to accommodate the Project, nor would staff contribute to an exceedance of the capacity of existing park capacity. The payment of impact fees by the Project applicant, if required, would contribute to funding available for improvements to existing park resources. No impact would occur. Supportive Evidence: Please refer to DEIR page 5-17. 3.15. Transportation/Traffic Significance Threshold: Would the project substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Page 409 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 16 Basis of Conclusion: Road improvements would be limited to the driveways on the south and east side of the Project site and would be constructed consistent with Rancho Cucamonga Municipal Code. The Project would not increase hazards caused by a design feature or incompatible use. No impact would occur. Supportive Evidence: Please refer to DEIR page 5-17. Significance Threshold: Would the project result in inadequate emergency access? Basis of Conclusion: The Project would not alter emergency access routes. The road improvements would be constructed consistent with Rancho Cucamonga Municipal Code to ensure safe truck, vendor/employee and emergency vehicle access. The Project would not impair or otherwise adversely affect emergency vehicle circulation or access to the site or other properties in the area. No impact would occur. Supportive Evidence: Please refer to DEIR page 5-17. 3.16. Utilities and Service Systems Significance Threshold: Would the project comply with federal, state, and local management and reduction statutes and regulations related to solid waste? Basis of Conclusion: Construction and operation associated with implementation the Project would be conducted in compliance with applicable statues and regulations related to solid waste. No impact would occur and no mitigation is required. Supportive Evidence: Please refer to DEIR page 5-20. 3.17. Wildfire Significance Threshold: Would the project require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? Basis of Conclusion: The Project site is not located within a very high fire hazard severity zone, and is surrounded by development, with no wildland areas in the immediate vicinity. As such, no impact would occur. Supportive Evidence: Please refer to DEIR page 5-21. Page 410 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 17 Significance Threshold: Would the project expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? Basis of Conclusion: The Project site and surrounding area is relatively flat and heavily urbanized. Additionally, the Project site is not located within a 100-year floodplain. If the area were to burn, fires are anticipated to be isolated and not expected to result in substantive risk from landslide or mudflows caused by run-off, post-fire slope instability or drainage changes. No impact would occur. Supportive Evidence: Please refer to DEIR page 5-22. SECTION 4. FINDINGS REGARDING ENVIRONMENTAL IMPACTS FOUND TO BE LESS THAN SIGNIFICANT (NO MITIGATION REQUIRED) The City agrees with the characterization in the Final EIR with respect to impacts identified as "less than significant impact" and finds that, based upon substantial evidence in the record, as discussed below, the following impacts associated with the Project are not significant or are less than significant, and do not require mitigation, as described in the Final EIR. Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, §§ 15126.4, subd. (a)(3); 15091.) Note that impacts are presented below in summary form. For a full description of impacts, see the appropriate text in the EIR, which the Council hereby incorporates by reference into these Findings. 4.1. Aesthetics Significance Threshold: Would the project have a substantial adverse effect on a scenic vista? Basis of Conclusion: The Project site does not contain scenic resource and would be consistent with the overall context of the surrounding area. The Project would not have a substantial adverse effect on a scenic vista, resulting in a less than significant impact. Supportive Evidence: Please refer to DEIR pages 5-2 through 5-4. Significance Threshold: Would the project conflict with applicable zoning and other regulations governing scenic quality? Basis of Conclusion: The Project site is within an urbanized area of the City of Rancho Cucamonga. As such, the analysis for this threshold is based on the review of the potential for Page 411 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 18 the Project to conflict with applicable zoning and other regulations governing scenic quality. The Project would not conflict with the applicable zoning and other regulations governing scenic quality, including Rancho Cucamonga Development Code standards and General Plan polices. A less than significant impact would occur. Supportive Evidence: Please refer to DEIR pages 5-4 through 5-5. Significance Threshold: Would the project create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Basis of Conclusion: The Project site is located in an urban area, which includes existing sources of light and glare. The Project would add new lighting to the site. All outdoor street lighting and on-site security lighting and landscape lighting would be designed to City of Rancho Cucamonga Municipal Code standards. Impacts would be less than significant. Supportive Evidence: Please refer to DEIR page 5-5. 4.2. Air Quality Significance Threshold: Would the project conflict with or obstruct implementation of the applicable air quality plan? Basis of Conclusion: The Project area is within the South Coast Air Basin and therefore is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The SCAQMD has two criteria used to determine consistency with the Air Quality Management Plan (AQMP). The Project would comply with both of the AQMP’s criteria. Therefore, the Project would be compliant with the applicable AQMP. Impacts would be less than significant. Supportive Evidence: Please refer to DEIR pages 4-19 through 4-20. Significance Threshold Would the project expose sensitive receptors to substantial pollutant concentrations? Basis of Conclusion: The Project would not expose sensitive receptors (e.g., residents, workers or school children) to substantial pollutant concentrations, including localized criteria pollutant emissions during construction and operation, mobile source and construction-related diesel particulate matter (DPM) emissions, or carbon monoxide (CO) “Hot Spots”. Impacts would be less than significant. Supportive Evidence: Please refer to DEIR pages 4-24 through 4-26. Significance Threshold: Would the project create objectionable odors affecting a substantial number of people? Page 412 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 19 Basis of Conclusion: The proposed Project would generate odors from construction (i.e., diesel exhaust, asphalt). Construction emissions would not exceed SCAQMD impact thresholds and would be short-term in duration. Thus, short-term odors are not expected to be significant. Operation of the warehouse facility would not cause odors. Impacts would be less than significant. Supportive Evidence: Please refer to DEIR page 4-26. 4.3. Energy Significance Threshold: Would the project result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? Basis of Conclusion: The Project would adhere to the state-mandated provisions of California Energy Code Title 24. The Project would not result in wasteful, inefficient, or unnecessary consumption of energy, or wasteful use of energy resources, during Project construction or operation. Impacts would be less than significant. Supportive Evidence: Please refer to DEIR pages 5-8 through 5-9. 4.4. Geology and Soils Significance Threshold: Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the state geologist for the area or based on other substantial evidence of a known fault or strong seismic ground shaking? Basis of Conclusion: The Project site is not in a fault hazard area; nor is the Project site within a mapped Alquist-Priolo Earthquake Fault Zone. The Project site is within a seismically active region. As such, the Project’s proposed structures may be subject to moderate to large seismic events, resulting in strong seismic ground shaking. The Project would be required to comply with the California Building Code (CBC) and would be required to incorporate the recommendations from the Geotechnical Investigation, which would ensure that people and/or structures would not be exposed to potential substantial adverse effects from strong seismic ground shaking. Impacts would be less than significant. Supportive Evidence: Please refer to DEIR page 4-62. Page 413 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 20 Significance Threshold: Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death from seismic-related ground failure, including liquefaction? Basis of Conclusion: Groundwater was not encountered during site borings and groundwater within the Project area is likely of sufficient depth that liquefaction during a seismic event is unlikely. The potential for encountering groundwater and related impacts associated with liquefaction at the Project site is considered low. Impacts would be less than significant. Supportive Evidence: Please refer to DEIR pages 4-62 through 4-63. Significance Threshold: Would the project result in substantial soil erosion or the loss of topsoil? Basis of Conclusion: The Project site is flat, limiting erosion potential. Construction activities would be conducted in compliance regulations pertaining to protection of water quality. With adherence to existing regulations and requirements, there would be a less than significant impact related to erosion during construction and operation. Supportive Evidence: Please refer to DEIR pages 4-63 through 4-64. Significance Threshold: Would the project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? Basis of Conclusion: The Project would be required to incorporate the recommendations from the Geotechnical Investigation, which would ensure that these hazards would be reduced with proper site preparation. No groundwater was encountered during site borings and groundwater within the Project area is likely of sufficient depth that liquefaction during a seismic event is unlikely. Further, the site has dense subsurface soil conditions. Thus, potential impacts related to land subsidence or lateral spreading would be less than significant. Supportive Evidence: Please refer to DEIR page 4-64. Significance Threshold: Would the project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Basis of Conclusion: The majority of the City is underlain by bedrock consisting of surficial sedimentary or metamorphic rocks that are unlikely to contain significant vertebrate fossils; however, there may be sedimentary deposits at a greater depth. The Geotechnical Report states that soils below the site to a depth of 16 feet bgs are comprised of native soil containing alluvial sand, fine to course-grained, silty, gravelly, dry to damp material. The Project would not excavate more than approximately four feet below bgs for the building footings, utilities and related Page 414 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 21 improvements. The surficial sediment at depths that would be encountered by project excavations are unlikely to contain vertebrate fossils. No paleontological resources were discovered during remediation activities nor are these resources known to occur in the area, particularly at depths that would be excavated by the Project. Excavation depths would be limited to that needed to grade the site and construct building foundations and subsurface utilities and improvements. Impacts would be less than significant. Supportive Evidence: Please refer to DEIR pages 5-9 through 5-10. 4.5. Greenhouse Gas Emissions Significance Threshold: Would the project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Basis of Conclusion: Construction and operation of the Project, would not exceed the South Coast Air Quality Management District (SCAQMD)/City screening threshold for greenhouse gas (GHG) emissions and would not generate a net increase in GHG emissions, either directly or indirectly, that may significantly impact the environment. GHG emissions impacts would be less than significant. Supportive Evidence: Please refer to DEIR page 4-75. Significance Threshold: Would the project conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Basis of Conclusion: The Project would not conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing GHG emissions, including Senate Bill (SB) 32 and the California Air Resources Board (CARB) 2017 Scoping Plan, Connect SoCal, and the City of Rancho Cucamonga Sustainable Community Action Plan. This impact is less than significant and no mitigation is required. Supportive Evidence: Please refer to DEIR pages 4-76 through 4-81. 4.6. Hazards and Hazardous Materials Significance Threshold: Would the project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Basis of Conclusion: Construction and operation of the Project would involve handling of hazardous materials in limited quantities and typical to developed environments. Based on the site investigation and remediation work performed to date, encountering hazardous materials during construction is not anticipated. Through compliance with existing applicable regulations, Page 415 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 22 the Project would not pose a significant hazard to the public or the environment through the routine transport, use, storage, emission, or disposal of hazardous materials. Impacts would be less than significant. Supportive Evidence: Please refer to DEIR pages 4-87 through 4-88. Significance Threshold: Would the project create a significant hazard to the public or the environment through the reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment? Basis of Conclusion: The Project would comply with existing applicable regulations and would not increase the potential for accident conditions which could result in the release of hazardous materials into the environment. The accidental release of hazardous materials on-site is unlikely because of the regulations in place to avoid such an event. Impacts are anticipated to be less than significant. Supportive Evidence: Please refer to DEIR pages 4-88 through 4-89. 4.7. Hydrology and Water Quality Significance Threshold: Would the project violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? Basis of Conclusion: Proposed drainage patterns would maintain the existing drainage pattern and the Project would be designed to convey surface flows into an underground system where it would be treated prior to percolation into subsurface soils. The Project would not substantially degrade water quality or otherwise violate discharge standards. Impacts would be less than significant. Supportive Evidence: Please refer to DEIR page 4-98. Significance Threshold: Would the project substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? Basis of Conclusion: The Project site is currently pervious; and post-construction, the majority of the site would be impervious. However, all stormwater would be retained in an underground storage infiltration system and allowed to percolate into the soil. The Project would change how the site percolates water; however, overall recharge volumes within the basin would not change as a result of the Project. Thus, the Project would not directly interfere with groundwater recharge or contribute to depletion groundwater. A less than significant impact would occur. Page 416 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 23 Supportive Evidence: Please refer to DEIR page 4-99. Significance Threshold: Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or through the addition of impervious surfaces, in a manner which would: i) Result in substantial erosion or siltation on- or off-site?; ii) Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site?; iii) Create or contribute runoff which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? or; iv) Impede or redirect flood flows? Basis of Conclusion: With implementation of the stormwater system as designed, no off-site erosion or siltation would occur. The Project site is not located within a 100-year mapped flood zone nor is it located in proximity to drainage features that would cause or contribute to flooding conditions. Thus, the Project would not expose people or structures to flood hazard from severe storm events. The Project would not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would result in substantial erosion or siltation on- or off- site, substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site, create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff, or impede or redirect flood flows. Impacts would be less than significant and no mitigation is required. Supportive Evidence: Please refer to DEIR pages 4-99 through 4-101. 4.8. Noise Significance Threshold: Would the project result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Basis of Conclusion: The Project would not result in the generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards Page 417 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 24 established in the local general plan or noise ordinance, or applicable standards of other agencies. Noise levels would be below the thresholds of the Rancho Cucamonga Municipal Code for construction and operations. This impact is less than significant and no mitigation is required. Supportive Evidence: Please refer to DEIR pages 4-109 through 4-113. Significance Threshold: Would the project result in generation of excessive groundborne vibration or groundborne noise levels? Basis of Conclusion: The Project would not result in the generation of excessive groundborne vibration or groundborne noise levels during construction or operation. This impact is less than significant and no mitigation is required. Supportive Evidence: Please refer to DEIR pages 4-113 through 4-114. 4.9. Public Services Significance Threshold: Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities or a need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: Fire Protection, Police Protection, Schools and Parks: Basis of Conclusion: The Project would not involve new residential uses or an increase in the City’s population, and there is an existing demand for public services at the Project site associated with the existing development on-site. The Project would be developed in adherence to existing regulations relative to fire protection and required development impact fees would be paid. The Project would not increase the population of Rancho Cucamonga or otherwise affect demand for park facilities. The Project would not remove park or recreational facilities that would require replacement elsewhere. The Project would not require the construction of new or alteration of existing public service facilities to maintain an adequate level of service to the Project area, and no physical environmental impacts would result. Impacts to public services would be less than significant. Supportive Evidence: Please refer to DEIR pages 5-14 through 5-16. 4.10. Transportation/Traffic Significance Threshold: Would the project conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? Page 418 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 25 Basis of Conclusion: The Project would not be required to make road improvements; however, frontage and access improvements would be required per the City of Rancho Cucamonga. This would improve overall pedestrian circulation and safety within the area. The Project would not conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities. This impact is less than significant and no mitigation is required. Supportive Evidence: Please refer to DEIR pages 4-122 through 4-123. Significance Threshold Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? Basis of Conclusion: The Project’s VMT impact would be considered less than significant based on the City’s TPA Screening VMT Area screening threshold. The Project site is located within a TPA is considered less than significant due to meeting each of the criteria for projects within TPAs. Thus, the Project would not conflict with or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b). This impact is less than significant and no mitigation is required. Supportive Evidence: Please refer to DEIR pages 4-123 through 4-125. 4.11. Utilities and Service Systems Significance Threshold: Would the project require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? Basis of Conclusion: The Project would create additional demand on existing facilities; however, demand would be met with existing infrastructure. No additional water or wastewater treatment facilities would be required to meet Project demand. No additional electrical or telecommunication systems would need to be constructed to meet Project demand. All waste material would be collected and disposed of in nearby landfills within permitted capacity. No additional facilities would need to be constructed to accommodate Project demand. A less than significant impact would occur. Supportive Evidence: Please refer to DEIR pages 5-17 through 5-19. Significance Threshold: Would the project have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? Basis of Conclusion: Development allowed by the Project would require water supplies from the CVWD. Project demand would be within the demand projections provided in the CVWD Urban Water Management Plan. Impacts would be less than significant. Page 419 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 26 Supportive Evidence: Please refer to DEIR pages 5-19. Significance Threshold: Would the project result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? Basis of Conclusion: The Inland Empire Utilities Agency (IEUA) wastewater treatment facilities have sufficient capacity to serve the Project and existing commitments. This impact would be less than significant and no mitigation is required. Supportive Evidence: Please refer to DEIR pages 5-19 through 5-20. Significance Threshold: Would the project generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? Basis of Conclusion: The Project’s construction and operational refuse would be disposed of at the Mid Valley Landfill. Construction and operational activities would comply with applicable regulations addressing solid waste management. The Project would not generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals. This impact would be less than significant and no mitigation is required. Supportive Evidence: Please refer to DEIR page 5-20. Significance Threshold: Would the project comply with federal, state, and local management and reduction statutes and regulations related to solid waste? Basis of Conclusion: Construction and operation associated with implementation the Project would be conducted in compliance with applicable statues and regulations related to solid waste. No impact would occur and no mitigation is required. Supportive Evidence: Please refer to DEIR pages 5-20 through 5-21. 4.12. Wildfire Significance Threshold: Would the project substantially impair an adopted emergency response plan or emergency evacuation plan? Basis of Conclusion: The Project would not alter emergency access routes. Emergency vehicle access to the site would be provided via Milliken Avenue or Jersey Boulevard. The Project would Page 420 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 27 not adversely impact traffic operations on Milliken Avenue or Jersey Boulevard and would not impact use of either street as an evacuation route. A less than significant impact would occur Supportive Evidence: Please refer to DEIR page 5-21. Significance Threshold: Would the project, due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? Basis of Conclusion: The Project is surrounded by warehouse and industrial uses. prevailing wind is from the west and the Project is located in a flat area. Vegetation in the area is sparse and there are no areas of native habitat that could burn in the event a wildfire occurs. The Project site is not expected to be exposed to high-risks resulting from surrounding slopes or prevailing winds. Impacts would be less than significant. Supportive Evidence: Please refer to DEIR page 5-21. SECTION 5. FINDINGS REGARDING ENVIRONMENTAL IMPACTS FOUND TO BE LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED Pursuant to PRC § 21081(a) and CEQA Guidelines § 15091(a)(1), based on substantial evidence, the City finds that for each of the impacts discussed below the Project’s potentially significant impacts have been avoided, offset or reduced to less than significant levels in consideration of existing regulatory plans and programs (described in the DEIR Section 4 for each applicable impact topic), and EIR mitigation measures (as listed in Mitigation Monitoring and Reporting Program [MMRP], and summarized below). 5.1. Air Quality Impact 4.1-2: Would the project violate any air quality standard or contribute substantially to an existing or projected air quality violation? Would the project result in a cumulatively considerable net increase of any criteria pollutants for which the project region is non-attainment under an applicable federal or state ambient air quality standard? Basis for Conclusion: The air quality plan applicable to the Project is the SCAQMD‘s Final 2016 Air Quality Management Plan (AQMP). The Project’s net operational emissions would not exceed the applicable South Coast Air Quality Management District (SCAQMD) regional or local significance thresholds or (LST), and the Project’s construction and operational characteristics Page 421 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 28 would not exceed the assumptions in the AQMP. Additionally, during operation, the Project would not result in a cumulatively-considerable net increase of any criteria pollutant for which the Project region is in nonattainment under an applicable federal or State ambient air quality standard, and impacts would therefore be less than significant. In terms of project-related construction emissions, the DEIR assumed that graded soils would be balanced on the Project site and that no soil import or export would be required. The Project would be required to comply with SCAQMD Rule 403, which identifies measures to reduce fugitive dust and is required to be implemented at all construction sites located within the South Coast Air Basin. Therefore, the following conditions, which are conditioned as part of the Project to reduce fugitive dust in compliance with SCAQMD Rule 403, were included in air quality model (CalEEMod) for site preparation and grading phases of construction. 1. Minimization of Disturbance. Construction contractors should minimize the area disturbed by clearing, grading, earth moving, or excavation operations to prevent excessive amounts of dust. 2. Soil Treatment. Construction contractors should treat all graded and excavated material, exposed soil areas, and active portions of the construction site, including unpaved on-site roadways to minimize fugitive dust. Treatment shall include, but not necessarily be limited to, periodic watering, application of environmentally safe soil stabilization materials, and/or roll compaction as appropriate. Watering shall be done as often as necessary, and at least twice daily, preferably in the late morning and after work is done for the day. The analysis provided herein assumes watering would occur by contractor two times daily as required per SCAQMD Rule 403. 3. Soil Stabilization. Construction contractors should monitor all graded and/or excavated inactive areas of the construction site at least weekly for dust stabilization. Soil stabilization methods, such as water and roll compaction, and environmentally safe dust control materials, shall be applied to portions of the construction site that are inactive for over four days. If no further grading or excavation operations are planned for the area, the area shall be seeded and watered until landscape growth is evident, or periodically treated with environmentally safe dust suppressants, to prevent excessive fugitive dust. 4. No Grading During High Winds. Construction contractors should stop all clearing, grading, earth moving, and excavation operations during periods of high winds (20 miles per hour or greater, as measured continuously over a one-hour period). 5. Street Sweeping. Construction contractors should sweep all on-site driveways and adjacent streets and roads at least once per day, preferably at the end of the day, if visible soil material is carried over to adjacent streets and roads. Page 422 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 29 Therefore, the Project’s regional air quality impacts (including impacts related to criteria pollutants and violations of air quality standards) would be less than significant. Nonetheless, prior to mitigation the Project’s construction-related emissions could exceed the SCAQMD regional thresholds for ROG. Thus, Project-related construction activities have the potential to result in an increase in the frequency or severity of existing air quality violations or cause or contribute to new violations or delay the timely attainment of air quality standards or the interim emissions reductions specified in the 2016 AQMP, resulting in a potentially significant impact. With the implementation of MM AQ-1, which includes additional construction-related mitigation requirements to ensure that the architectural coating phase and the building phase would overlap for approximately 44 total workdays to avoid exceeding the daily ROG standard. Mitigation Measures: Based upon the analysis presented in Section 4.1, Air Quality of the DEIR, which is incorporated herein by reference, the following Mitigation Measures are feasible and are made binding through the MMRP. Imposition of these mitigation measures will reduce potentially significant impacts to less than significant. MM AQ-1 Condition Project to overlap architectural coating phase with the building phase by approximately 44 total workdays to avoid exceeding the daily ROG standard. Prior to issuance of a building permit, the Applicant shall submit a detailed construction schedule to the City of Rancho Cucamonga which demonstrates that the architectural coating phase will overlap with the building phase by a minimum of 44 days. Finding: The City adopts CEQA Findings 1. Pursuant to Public Resources Code Section 20181(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant effect on the environment to below a level of significance. Supportive Evidence: Please refer to DEIR pages 4-20 through 4-26. 5.2. Biological Resources Impact 4.2-1: Would the project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service? Basis of Conclusion: The Project site consists of undeveloped land that has been impacted by decades of anthropogenic disturbances. No special-status species were observed on-site during the habitat assessment. The Project site and surrounding areas provide limited foraging and nesting habitat for year-round and seasonal birds and migrating songbirds. While it is unknown Page 423 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 30 whether nesting would occur or what species would nest on-site, if construction activities occur between February 1 through August 31st, nesting and migratory bird species covered by the MBTA could be significantly affected by construction activities. Project construction would impact nesting and migratory bird species covered by the MBTA. Implementation of MM BIO-1, which requires pre-construction surveys, would reduce impacts to nesting and migratory birds to less than significant. Mitigation Measure: Based upon the analysis presented in Section 4.2, Biological Resources of the DEIR, which is incorporated herein by reference, the following Mitigation Measures are feasible and are made binding through the MMRP. Imposition of these mitigation measures will reduce potentially significant impacts to less than significant. MM BIO-1 Pursuant to the MBTA and Fish and Game Code, removal of any trees, shrubs, or any other potential nesting habitat should be conducted outside the avian nesting season. The nesting season extends from February 1 through August 31 but can vary slightly from year to year based upon seasonal weather conditions. If ground disturbance and vegetation removal cannot occur outside of the nesting season, a pre-construction clearance survey for nesting birds, shall be conducted by a qualified biologist at the direction of the Project Applicant and City of Rancho Cucamonga within three (3) days of the start of any ground disturbing activities to ensure that no nesting birds will be disturbed during construction. If an active avian nest is discovered during the pre-construction clearance survey, construction activities can commence thereafter provided activities are able to maintain a 300-foot buffer around the active nest. For raptors and special-status species, this buffer will be expanded to 500 feet. A biological monitor shall be present during construction activities within the buffer area. to delineate the boundaries of the buffers and to monitor the active nest to ensure that nesting behavior is not adversely affected by the construction activity. If the biologist determines that bird breeding activity is being disrupted, the Project Applicant shall stop work, notify the City and coordinate with the USFWS and CDFW to agree upon an avoidance/minimization approach. Upon agreement of the avoidance/ minimization approach, work may resume subject to the revisions and continued monitoring. If burrowing owls are detected on-site during the clearance survey, in conformance with the California Staff Report’s protocols, no ground-disturbing activities will be permitted within 656 feet of an occupied burrow during the breeding season (February 1 to August 31), unless otherwise authorized by CDFW. Once the qualified biologist has determined the young have fledged and left the nest of any birds within the buffer area(s), or the nest otherwise becomes inactive under natural conditions, normal construction activities can occur. Reporting. If no active nests are found during the pre-construction clearance survey, the Project Applicant shall submit to the City of Rancho Cucamonga a brief letter report prepared by the Page 424 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 31 biologist that documents the negative survey results. The letter report shall also indicate that no impacts to active avian nests will occur. If active nests were found, the Project Applicant shall submit a final bird survey monitoring report prepared by the Project biologist to the City, the USFWS and CDFW. The report shall include documentation of all bird surveys, monitoring activities, coordination efforts with the wildlife agencies, as-built construction drawings with an overlay of any active nests in the survey areas, photographs of habitat areas during pre-construction and postconstruction conditions, and other relevant summary information documenting that authorized impacts were not exceeded and that general compliance was achieved for the avoidance/minimization provisions and the biological monitoring program required by the wildlife agencies. Finding: The City adopts CEQA Findings 1. Pursuant to Public Resources Code Section 20181(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant effect on the environment to below a level of significance. Supportive Evidence: Please refer to DEIR pages 4-37 through 4-39. 5.3. Cultural Resources Impact 4.3-2: Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? Basis of Conclusion: The Project has the potential to encounter subsurface archaeological resources during construction resulting in a potentially significant impact to previously unrecorded subsurface cultural resources prior to mitigation. Implementation of MM CUL-1 and MM CUL-2, which identify actions to be taken during construction to protect unknown resources, would reduce this impact to a less than significant level. MM CUL-1 requires a qualified archaeologist be retained to evaluate any cultural resources that are discovered during project activities. In the event that archaeological resources are discovered and avoidance cannot be ensured, MM CUL-2 requires the qualified archaeologist to develop a Monitoring and Treatment Plan. Mitigation Measures: Based upon the analysis presented in Section 4.3, Cultural Resources of the DEIR, which is incorporated herein by reference, the following Mitigation Measures are feasible and are made binding through the MMRP. Imposition of these mitigation measures will reduce potentially significant impacts to less than significant. MM CUL-1 In the event that cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60-foot buffer) shall cease and a qualified Page 425 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 32 archaeologist meeting Secretary of Interior standards shall be hired to assess the find. Work on the other portions of the Project outside of the buffered area may continue during this assessment period. Additionally, the San Gabriel Band of Mission Indians (SMBMI) Cultural Resources Department shall be contacted, as detailed within TCR-1, regarding any pre-contact and/or historic-era finds and be provided information after the archaeologist makes his/her initial assessment of the nature of the find, so as to provide Tribal input with regards to significance and treatment. Prior to the release of the Grading Bond, a Monitoring Report and/or Evaluation Report, which describes the results, analysis and conclusions of the cultural resource mitigation monitoring efforts shall be submitted by the qualified archaeologist, along with the Native American Monitor’s notes and comments, to the City for review and approval. MM CUL-2 If significant pre-contact and/or historic-era cultural resources, as defined by CEQA (as amended, 2015), are discovered and avoidance cannot be ensured, the archaeologist shall develop a Monitoring and Treatment Plan, the drafts of which shall be provided to SMBMI for review and comment, as detailed within TCR-1. The archaeologist shall monitor the remainder of the Project and implement the Plan accordingly. Finding: The City adopts CEQA Findings 1. Pursuant to Public Resources Code Section 20181(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant effect on the environment to below a level of significance. Supportive Evidence: Please refer to DEIR pages 4-53 through 4-55. Impact 4.3-3: Would the project disturb any human remains, including those interred outside of formal cemeteries? Basis of Conclusion: No human remains or cemeteries were identified as a result of the SCCIC search and pedestrian field survey. The potential for encountering human remains at the Project site is low, however, there is a potential to encounter subsurface remains during construction. resulting in a potentially significant impact prior to mitigation. MM CUL-3 identifies actions that should be taken if human remains are encountered. This measure would reduce impacts to a less than significant impact. Mitigation Measures: Based upon the analysis presented in Section 4.3, Cultural Resources of the DEIR, which is incorporated herein by reference, the following Mitigation Measures are feasible and are made binding through the MMRP. Imposition of these mitigation measures will reduce potentially significant impacts to less than significant. MM CUL-3 If human remains or funerary objects are encountered during any activities associated with the Project, work in the immediate vicinity (within a 100-foot buffer of the find) shall cease and the County Coroner shall be contacted pursuant to State Health and Safety Code Page 426 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 33 §7050.5 and that code enforced for the duration of the Project. If the human remains are determined to be prehistoric, the coroner will notify the Native American Heritage Commission, which will determine and notify a Most Likely Descendant. The Most Likely Descendant shall complete the inspection of the site within 48 hours of notification and may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. Finding: The City adopts CEQA Findings 1. Pursuant to Public Resources Code Section 20181(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant effect on the environment to below a level of significance. Supportive Evidence: Please refer to DEIR pages 4-53 through 4-55. 5.4. Tribal Cultural Resources Impact 4.10-1: Would the project cause a substantial adverse change in the significance of a Tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American Tribe, and that is: (i) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k) (ii) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1? In applying the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1 for the purposes of this paragraph, the lead agency shall consider the significance of the resource to a California Native American Tribe? Basis of Conclusion: The combined South Central Coastal Information Center (SCCIC), Native American Heritage Commission (NAHC) sacred land files (SLF) search, and pedestrian archaeological field survey did not identify any existing historic resources within the proposed Project area. Further, the Project site has been heavily disturbed by past soil remediation Page 427 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 34 activities. For this reason, the Project is not anticipated to cause a substantial adverse change in the significance of a known historic resource as defined in PRC 5020.1 (k). However, if construction ground disturbance depths range within native soils (at least 1 foot or more bgs), there would be a potential to impact previously unrecorded subsurface tribal cultural resources. Implementation of MM TCR-1 through TCR-6, agreed upon during the City’s consultation with the California Native American tribes, would reduce this impact to a less than significant level. TCR-1 through TCR-6 require monitoring of ground-disturbing activities, outline the parameters for the monitoring activities, and identify actions that should be taken if tribal cultural resources or Native American human remains are encountered. These measures further ensure the proper identification and subsequent treatment of any tribal cultural resources and/or Native American human remains that may be encountered during ground-disturbing activities associated with the development of the Project. These measures would reduce impacts to a less than significant impact. Mitigation Measures: Based upon the analysis presented in Section 4.10, Tribal Cultural Resources of the DEIR, which is incorporated herein by reference, the following Mitigation Measures are feasible and are made binding through the MMRP. Imposition of these mitigation measures will reduce potentially significant impacts to less than significant. MM TCR-1 The San Gabriel Band of Mission Indians (SMBMI) Cultural Resources Department shall be contacted, as detailed in Mitigation Measure CUL-1, of any pre-contact and/or historic-era cultural resources discovered during project implementation and be provided information regarding the nature of the find, so as to provide Tribal input with regards to significance and treatment. Should the find be deemed significant, as defined by CEQA (as amended, 2015), a cultural resource Monitoring and Treatment Plan shall be created by the qualified archaeologist in coordination with SMBMI and submitted to the City of Rancho Cucamonga for review and approval. The qualified archaeologist shall be retained by the Project Applicant to implement all mitigation measures related to archaeological and historical resources. All subsequent finds shall be subject to the Monitoring and Treatment Plan. This Plan shall include tribal contact information, protocol to following should cultural resources be discovered, curation requirements and allow for a monitor to be present that represents SMBMI for the remainder of the Project’s ground disturbing activities, should SMBMI elect to place a monitor on-site. MM TCR-2 Any and all archaeological/cultural documents created as a part of the Project (isolate records, site records, survey reports, testing reports, etc.) shall be supplied to the applicant and the City of Rancho Cucamonga for dissemination to SMBMI. The City of Rancho Cucamonga and/or applicant shall, in good faith, consult with SMBMI until all ground disturbing activities have been completed. MM TCR-3 The Project Applicant shall be required to retain, prior to the commencement of construction, and compensate for the services of a Tribal monitor/consultant who is both approved by the Gabrieleño Band of Mission Indians-Kizh Nation Tribal Government and is listed Page 428 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 35 under the NAHC’s Tribal Contact list for the area of the Project location. This list is provided by the NAHC. The monitor/consultant will only be present on-site during the construction phases that involve ground disturbing activities. Ground disturbing activities are defined by the Gabrieleño Band of Mission Indians-Kizh Nation as activities that may include, but are not limited to, pavement removal, pot-holing or auguring, grubbing, tree removals, boring, grading, excavation, drilling, and trenching, within the Project area. The Tribal Monitor/consultant will complete daily monitoring logs that will provide descriptions of the day’s activities, including construction activities, locations, soil, and any cultural materials identified. The on-site monitoring shall end when the Project site grading and excavation activities are completed, or when the Tribal Representatives and monitor/consultant have indicated that the site has a low potential for impacting Tribal Cultural Resources. MM TCR-4 Upon discovery of any archaeological resources, cease construction activities in the immediate vicinity of the find until the find can be assessed by the qualified archaeologist and/or Native American monitor. All archaeological resources unearthed by project construction activities shall be evaluated by the qualified archaeologist and tribal monitor/consultant approved by the Gabrieleño Band of Mission Indians-Kizh Nation. If the resources are Native American in origin, the Gabrieleño Band of Mission Indians-Kizh Nation shall coordinate with the landowner regarding treatment and curation of these resources. Typically, the Tribe will request reburial or preservation for educational purposes. Work may continue on other parts of the Project while evaluation and, if necessary, mitigation takes place (CEQA Guidelines Section 15064.5 [f]). If a resource is determined by the qualified archaeologist to constitute a “historical resource” or “unique archaeological resource”, time allotment and funding sufficient to allow for implementation of avoidance measures, or appropriate mitigation, must be available. The treatment plan established for the resources shall be in accordance with CEQA Guidelines Section 15064.5(f) for historical resources. MM TCR-5 Preservation in place (i.e., avoidance) is the preferred manner of treatment. If preservation in place is not feasible, treatment may include implementation of archaeological data recovery excavations to remove the resource along with subsequent laboratory processing and analysis. Any historic archaeological material that is not Native American in origin shall be curated at a public, non-profit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material, they shall be offered to a local school or historical society in the area for educational purposes. MM TCR-6 Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in PRC 5097.98, are also to be treated according to this statute. Health and Safety Code 7050.5 dictates that any discoveries of human skeletal material shall be immediately reported to the County Coroner and excavation halted until the coroner has determined the nature of the remains. If the coroner recognizes the human remains to be those of a Native American or has reason to believe that they are those of a Native American, he or Page 429 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 36 she shall contact, by telephone within 24 hours, the Native American Heritage Commission (NAHC) and PRC 5097.98 shall be followed. Finding: The City adopts CEQA Findings 1. Pursuant to Public Resources Code Section 20181(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant effect on the environment to below a level of significance. Supportive Evidence: Please refer to DEIR pages 4-130 through 4-133. SECTION 6. FINDINGS REGARDING ALTERNATIVES TO THE PROPOSED PROJECT CEQA requires that an EIR describe a range of reasonable alternatives to the project, or to the location of the project, that could feasibly attain the basic objectives of the project, and to evaluate the comparative merits of the alternatives (14 CCR 15126.6[a]). The CEQA Guidelines direct that the selection of alternatives be governed by “a rule of reason” (14 CCR 15126.6[a], [f]). As defined by the CEQA Guidelines, “The range of alternatives required in an EIR is governed by a ‘rule of reason’ that requires the EIR to set forth only those alternatives necessary to permit a reasoned choice. The alternatives shall be limited to ones that would avoid or substantially lessen any of the significant effects of the project. Of those alternatives, the EIR needs to examine in detail only the ones that the Lead Agency determines could feasibly attain most of the basic objectives of the project” (14 CCR 15126.6[f]). The Project objectives are set forth in DEIR Section 6.2. 6.1. Alternatives Considered and Rejected The CEQA Guidelines provide that this EIR should “identify any alternatives that were considered by the Lead Agency but were rejected as infeasible during the scoping process and briefly explain the reasons underlying the Lead Agency’s determination” (14 CCR 15126.6[c]). The following is a discussion of the proposed project alternatives developed during the scoping and planning process and the reasons they were not selected for detailed analysis in this EIR. With respect to the feasibility of potential alternatives to the proposed project, CEQA Guidelines § 15126.6(t)(l) states, “Among the factors that may be taken into account when addressing the feasibility of alternatives are site suitability, economic viability, availability of infrastructure, general plan consistency, other plans or regulatory limitations, jurisdictional boundaries . . . and whether the proponent can reasonably acquire, control or otherwise have access to the alternative site.” In determining an appropriate range of project alternatives to be evaluated in this EIR, a number of possible alternatives were initially considered and then rejected. Project alternatives were Page 430 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 37 rejected because they could not accomplish the basic objectives of the proposed Project; they would not have resulted in a reduction of significant adverse environmental impacts; or they were considered infeasible to construct or operate. The following alternative has been rejected from further consideration: 6.2. Alternative Sites In the case of the Project, an alternative site is not considered applicable or feasible, as the Project Applicant does not own or control other undeveloped property of similar size and zoning within the City or in the immediate area. Further, construction of a project different in scope from the proposed Project would not meet the objectives that focus on development of warehousing facilities within the City of Rancho Cucamonga. For the above reasons, the Alternative Site Alternative was found to be infeasible and therefore was rejected from further consideration. 6.3. Alternatives Selected for Further Analysis The following alternatives were addressed in the DEIR: • The No Project Alternative • The Reduced Footprint Alternative No Project Alternative Consistent with CEQA Guidelines (Section 15126.6(e)(3)(b)), the No Project Alternative is defined as the “circumstance under which the project does not proceed.” Section 15126.6(e) of the CEQA Guidelines requires analysis of a No Project alternative that (1) discusses existing site conditions at the time the NOP is prepared or the EIR is commenced, and (2) analyzes what can reasonably be expected to occur in the foreseeable future based on current plans if the proposed Project were not approved. Under the No Project Alternative, the proposed Project would not be implemented and the site would remain undeveloped. Findings Regarding Environmental Impacts The Project would not result in any significant and unavoidable impacts; therefore, the No Project Alternative would not avoid or substantially lessen a significant and unavoidable impact. However, the No Project Alternative would avoid the Project’s less than significant impacts. Findings Regarding Project Objectives The No Project Alternative would not meet any of the Project objectives, would not realize any of the Project’s benefits resulting from the creation of employment opportunities in the City of Rancho Cucamonga to reduce the need for members of the local workforce to commute outside the area for employment and improve the jobs to housing balance. Page 431 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 38 Overall Finding: The City adopts Finding 3. The City finds that specific economic, legal, social, technological, or other considerations make this alternative infeasible. Although the No Project Alternative would avoid the Project’s less than significant environmental impacts, this alternative would not meet any of the Project’s objectives. Supporting Evidence: Please see DEIR Pages 6-4 through 6-5. Reduced Footprint Alternative Under this alternative, the proposed Project would be reduced by approximately 2/3 of the overall square footage of each component. The warehouse would be reduced to 93,389 square feet in four separate units, 5,364 square feet of mezzanine storage, 5,364 square feet of office space (i.e., divided into four separate spaces, one for each storage unit) and a 203-square foot electrical room. The total building area would be 104,320 square feet. The highest point of the building would be 42 feet above ground level. These would be the architectural parapets on the building frontage. A total of 73 parking spaces would be provided. The warehouse building would be oriented east/west with vehicle access to office space fronting the building from Jersey Boulevard. Truck access to the loading docks located at the rear of the building would be provided from Milliken Avenue. The truck access driveway would be gated with security cameras and monitored to ensure no unauthorized entrance to the loading area. The Reduced Footprint Alternative would provide four warehouse storage units, each with three truck loading docks (i.e., 12 total docks). Water/sewer and other utilities (i.e., electrical, communication) would be provided via existing infrastructure located on-site or within the adjacent Milliken Avenue and Jersey Boulevard corridors. All other features of the Reduced Footprint Alternative would be similar to the proposed Project. Findings Regarding Environmental Impacts The Project would not result in any significant and unavoidable impacts; therefore, the Reduced Footprint Alternative would not avoid or substantially lessen a significant and unavoidable impact. Project-level mitigation measures are required to reduce potentially significant impacts to levels considered less than significant for the following environmental resources: biological resources (due to potential presence of Cooper’s Hawk, California horned lark, burrowing owl and other nesting bird species), cultural resources (due to the potential to encounter previously unrecorded subsurface cultural resources), and tribal cultural resources (due to the potential to encounter previously unknown tribal cultural resources). These potentially significant impacts are associated with construction activities, not operation of the Project. Both the Project and the Reduced Footprint Alternative would be required to comply with applicable regulations and would also implement the same mitigation measures required for the Project. The Reduced Project Alternative would disturb the same area as the proposed Project; however, the overall building footprint would be smaller. This would reduce the number of vehicles and trucks accessing the Project site daily. However, while the degree of impact would be incrementally less than the proposed Project for some issue areas, the impact determination Page 432 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 39 under the proposed Project would be similar to the proposed Project for all topical areas addressed in the Draft EIR. Findings Regarding Project Objectives The discussion below addresses the ability of the Reduced Footprint Alternative to attain the Project objectives. 4. Ensure that development of the Project site is accomplished consistent with applicable goals and policies of the City of Rancho Cucamonga as set forth in the Rancho Cucamonga General Plan. The Reduced Footprint Alternative would disturb the same area as the proposed Project; however the overall building footprint would be smaller and would not develop the site at density envisioned in the Rancho Cucamonga General Plan. Therefore, while the Reduced Footprint Alternative meets the intent of this Project objective, it does not meet it to the same extent as the Project. 5. Develop a vacant and underutilized Project site. The Reduced Footprint Alternative would develop industrial/warehouse use on the Project site; however it would not maximize development of the underutilized Project site. While the Reduced Footprint Alternative meets the intent of this Project objective, it does not meet it to the same extent as the Project. 6. Contribute to the warehousing resources in the City of Rancho Cucamonga by constructing an operating a facility this designed consistent with contemporary industry standards for operational design criteria, can accommodate a wide variety of users and are economically competitive with similar industrial buildings in the local area and region. The Reduced Footprint Alternative would develop industrial/warehouse use on the Project site, thereby meeting the intent of the Project objective. However, because a smaller warehouse building would be constructed, compared to the proposed Project, the Reduced Footprint Alternative does not meet this objective to the same extent as the Project. 7. Create employment opportunities in the City of Rancho Cucamonga to reduce the need for members of the local workforce to commute outside the area for employment and improve the jobs to housing balance. The Reduced Footprint Alternative would generate more employment opportunities than what would be generated by a vacant lot; however, it would not achieve this objective to the same extent as the Project. 8. To develop a project with an architectural design and operational characteristics that complement other existing buildings in the immediate vicinity and minimize conflicts with other nearby land uses. The Reduced Footprint Alternative would not conflict with existing architecture or the operations of nearby uses and would achieve this objective. 9. To maximize industrial warehouse buildings in close proximity to an already- established industrial area, designated truck routes, and the State highway Page 433 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 40 system in order to avoid or shorten truck-trip lengths on other roadways, and avoid locating industrial warehouse buildings in close proximity to residential uses. The Reduced Footprint Alternative would develop a smaller warehouse facility, compared to the proposed Project and would not maximize the amount of available industrial warehouse space, and therefore, would not meet this Project objective. 10. To develop a property that has access to available infrastructure, including roads and utilities to be used as part of the Southern California supply chain and goods movement network. The Reduced Footprint Alternative would develop industrial/warehouse use on the Project site that would utilize available infrastructure used as part of the Southern California supply chain and goods movement network. The Reduced Footprint Alternative would meet the intent of this objective, but not to the same extent as the Project relative to supporting goods movement in Southern California. Overall Finding: The City adopts Finding 3. The City finds that specific economic, legal, social, technological, or other considerations make this alternative infeasible. Although the No Project Alternative would avoid the Project’s less than significant environmental impacts, this alternative would not meet any of the Project’s objectives. Supporting Evidence: Please see DEIR Pages 6-6 through 6-8. Environmentally Superior Alternative Section 15126.6(e)(2) of the CEQA Guidelines requires that an environmentally superior alternative be designated and states that if the environmentally superior Alternative is the No Project Alternative, the EIR shall also identify an environmentally superior alternative among the other alternatives. Based on the summary of information presented in Section 6 of the DEIR, the environmentally superior Alternative is The No Project Alternative. Because the No Project Alternative would leave the Project site essentially unchanged and would not have the operational effects that would be associated with any of the alternatives, this Alternative has fewer environmental impacts than the proposed Project or any of the other alternatives. Section 15126.6(e)(2) of the State CEQA Guidelines states that if the “No Project” alternative is found to be environmentally superior, “the EIR shall also identify an environmentally superior alternative among the other alternatives.” Aside from the No Project Alternative, Alternative 2: Reduced Footprint Alternative would have the least environmental impacts because it would develop less of the Project area, result in a reduction of vehicle trips and would incrementally reduce impacts to resource areas. CEQA requires the identification of an environmentally superior alternative. As discussed above, the No Project/No Action Alternative, in which the proposed Project is not implemented, would result in no change from current conditions. However, Section 15126.6(e)(2) of the CEQA Guidelines states that, if the No Project Alternative is the environmentally superior alternative, Page 434 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 41 then the EIR shall also identify an environmentally superior alternative among the other alternatives. Additional CEQA Considerations Significant and Unavoidable Environmental Impacts (DEIR Section 5.2) The potentially adverse effects of the proposed Project are discussed in Sections 4.1 through 4.10 of DEIR. Mitigation measures have been recommended that would avoid, reduce or minimize impacts. All the potential impacts associated with the proposed Project would be either less than significant or mitigated to less than significant. The proposed Project would not result in any significant unavoidable impacts. Irreversible Environmental Changes (DEIR Section 5.3) Both construction and operation of the proposed Project would lead to the consumption of limited, slowly renewable, and non-renewable resources, committing such resources to uses that future generations would be unable to reverse. The new development would require the commitment of resources that include: (1) building materials; (2) fuel and operational materials/resources; and (3) the transportation of goods and people to and from the new warehouse. Title 24 of the California Administrative Code regulates the amount of energy consumed by new development. Nevertheless, the consumption of such resources would represent a long-term commitment of those resources. The commitment of resources required for the construction and operation of the proposed Project would limit the availability of such resources for future generations or for other uses during the life of the proposed Project. However, continued use of such resources is consistent with the planned changes on the proposed Project site and within the general vicinity. Growth Inducing Impacts (DEIR Section 5.4) The proposed Project would not directly induce growth as it does not involve residential development. The proposed Project site has been designated for industrial/warehousing uses as identified in the City’s adopted General Plan. In addition, the proposed Project would not remove obstacles to regional growth and related development. The Project will generate approximately 111 new jobs. Of the total, approximately 86 percent, or 95 jobs, will be filled by employees residing outside the City of Rancho Cucamonga. The remaining 16 jobs will be filled by existing city residents. The addition of 111 new jobs would represent a 0.12 percent increase in total employment. The proposed Project may result in negligible population growth; however, the area is primarily built out. Any new residents would be expected to occupy existing housing units or those in the planning stage. Any new residents would not represent unplanned population growth in the community or result in economic growth that exceeds levels anticipated in plans adopted by the City. Therefore, no significant impacts related to growth inducement would occur. Page 435 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 42 Although the proposed Project site is currently undeveloped, the surrounding area is fully developed with urban land uses (i.e., warehousing and light industrial). The Project would include connections to existing utilities and installation of on-site stormwater management improvements. Utilities and streets would not need to be extended to the Project site. The addition of 111 new jobs, would not induce growth associated with the construction of new house or commercial infrastructure to support the jobs. No significant impacts related to direct growth inducement would occur. SECTION 7. GENERAL CEQA FINDINGS The City hereby finds as follows: 1. The foregoing statements are true and correct; 2. The City is the “Lead Agency” for the Project evaluated in the CEQA Documents and independently reviewed and analyzed in the DEIR and FEIR for the Project; 3. The Notice of Preparation of the DEIR was circulated for public review. It requested that responsible agencies respond as to the scope and content of the environmental information germane to that agency’s specific responsibilities; 4. The public review period for the DEIR was for 30 days between July 2,2021 and August 3, 2021. The DEIR and appendices were available for public review during that time. A Notice of Completion and copies of the DEIR were sent to the State Clearinghouse, and notices of availability of the DEIR were published by the City. The DEIR was available for review on the City’s website. Physical copies of the environmental documents are available at the City of Rancho Cucamonga Planning Department. 5. The CEQA Documents were completed in compliance with CEQA; 6. The CEQA Documents reflect the City’s independent judgment; 7. The City evaluated comments on environmental issues received from persons who reviewed the DEIR. In accordance with CEQA, the City prepared written responses describing the disposition of significant environmental issues raised. The FEIR provided adequate, good faith and reasoned responses to the comments. The City reviewed the comments received and responses thereto and has determined that neither the comments received nor the responses to such comments add significant new information to the DEIR regarding adverse environmental impacts. The City has based its actions on full appraisal of all viewpoints, including all comments received up to the date of adoption of these Findings, concerning the environmental impacts identified and analyzed in the FEIR. 8. The City finds that the CEQA Documents, as amended, provide objective information to assist the decision-makers and the public at large in their consideration of the environmental consequences of the Project. The public review period provided all Page 436 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 43 interested jurisdictions, agencies, private organizations, and individuals the opportunity to submit all comments made during the public review period; 9. The CEQA Documents evaluated the following impacts: (1) air quality; (2) biological resources; (3) cultural resources; (4) geology and soils; (5) greenhouse gas emissions; (6) hazards and hazardous materials; (7) hydrology and water quality; (8) noise; (9) transportation; and (10) tribal cultural resources. Additionally, the CEQA Documents considered, in separate sections, any potential significant irreversible environmental changes and growth-inducing impacts of the Project, as well as effects found not to be significant and a reasonable range of project alternatives. All of the significant environmental impacts of the Project were identified in the CEQA Documents; 10. The MMRP includes all of the mitigation measures identified in the CEQA Documents and has been designed to ensure compliance during implementation of the Project. The MMRP provides the steps necessary to ensure that the mitigation measures are fully enforceable; 11. The MMRP designates responsibility and anticipated timing for the implementation of mitigation; the City’s Community Development Director will serve as the MMRP Coordinator; 12. In determining whether the Project may have a significant impact on the environment, and in adopting these Findings pursuant to Section 21081 of CEQA, the City has complied with CEQA Sections 21081.5 and 21082.2; 13. The impacts of the Project have been analyzed to the extent feasible at the time of certification of the CEQA Documents; 14. The City made no decisions related to approval of the Project prior to the initial recommendation of certification of the CEQA Documents. The City also did not commit to a definite course of action with respect to the Project prior to the initial consideration of the CEQA Documents. 15. Copies of all the documents incorporated by reference in the CEQA Documents are and have been available upon request at all times at the offices of the City of Rancho Cucamonga Planning Department, the custodian of record for such documents or other materials; 16. The responses to the comments on the DEIR, which are contained in the FEIR, clarify and amplify the analysis in the DEIR; 17. Having reviewed the information contained in the CEQA Documents and in the administrative record, the City finds that there is no new significant information regarding adverse environmental impacts of the Project in the FEIR; and 18. Having received, reviewed and considered all information and documents in the CEQA Documents, as well as all other information in the record of proceedings on this matter, these Findings are hereby adopted by the City in its capacity as the CEQA Lead Agency. Page 437 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 44 SECTION 8. FINDINGS REGARDING CIRCULATION The City finds that the DEIR does not require recirculation under CEQA (PRC § 21092.1 and CEQA Guidelines § 15088.5). CEQA Guidelines § 15088.5 requires recirculation of an EIR prior to certification of the FEIR when “significant new information is added to the EIR after public notice is given of the availability of the draft EIR for public review.” As described in CEQA Guidelines § 15088.5: New information added to an EIR is not “significant” unless the EIR is changed in a way that deprives the public of a meaningful opportunity to comment upon a substantial adverse environmental effect of the project or a feasible way to mitigate or avoid such an effect (including a feasible project alternative) that the project’s proponents have declined to implement. “Significant new information” requiring recirculation includes, for example, a disclosure showing that: 1. A new significant environmental impact would result from the project or from a new mitigation measure proposed to be implemented; 2. A substantial increase in the severity of an environmental impact would result unless mitigation measures are adopted that reduce the impact to a level of insignificance; 3. A feasible project alternative or mitigation measure considerably different from others previously analyzed would clearly lessen the significant environmental impacts of the project, but the project’s proponents decline to adopt it; 4. The DEIR was so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded. In addition, CEQA Guidelines § 15088.5(b) provides that “recirculation is not required where the new information added to the EIR merely clarifies and amplifies or makes insignificant modifications in an adequate EIR.” Recirculation also is not required simply because new information is added to the EIR — indeed, new information is oftentimes added given CEQA’s public/agency comment and response process and CEQA’s post-DEIR circulation requirement of proposed responses to comments submitted by public agencies. In short, recirculation is “intended to be an exception rather than the general rule.” (Laurel Heights Improvement Assn. v. Regents of University of California (1993) 6 Cal.4th 1112, 1132). As such, the City makes the following Findings: 1. None of the public comments submitted to the City regarding the DEIR present any significant new information that would require the DEIR to be recirculated for public review. 2. No new or modified mitigation measures are proposed that would have the potential to create new significant environmental impacts Page 438 FINDINGS OF FACT Jersey Industrial Complex Project Findings of Fact January 2022 45 3. The DEIR adequately analyzed project alternatives and there are no feasible project alternatives or mitigation measures considerably different from others previously analyzed that would clearly lessen the significant environmental impacts of the project. 4. The DEIR was not fundamentally and basically inadequate and conclusory in nature and did not preclude meaningful public review and comment. In this legal context, the City finds that recirculation of the DEIR prior to certification is not required. In addition to providing responses to comments, the FEIR includes revisions to expand upon information presented in the DEIR; explain or enhance the evidentiary basis for the DEIR’s findings; update information; and to make clarifications, amplifications, updates, or helpful revisions to the DEIR. The FEIR’s revisions, clarifications and/or updates do not result in any new significant impacts or increase the severity of a previously identified significant impact. In sum, the FEIR demonstrates that the proposed Project would not result in any new significant impacts or increase the severity of a significant impact, as compared to the analysis presented in the DEIR. The changes reflected in the FEIR also do not indicate that meaningful public review of the DEIR was precluded in the first instance. Accordingly, recirculation of the EIR is not required as revisions to the EIR are not significant as defined in § 15088.5 of the CEQA Guidelines. SECTION 9. LEGAL EFFECTS OF FINDINGS To the extent that these Findings conclude that the proposed mitigation measures outlined in herein are feasible and have not been modified, superseded, or withdrawn, the City hereby commits to implementing these measures. These Findings, in other words, are not merely informational, but rather constitute a binding set of obligations that will come into effect when the City approves the proposed Project. The mitigation measures that are referenced herein and adopted concurrently with these Findings will be effectuated through the process of construction and implementation of the proposed Project. Page 439 Resolution No. 2022-036 - Page 7 of 7 Exhibit B Mitigation Monitoring and Reporting Program Page 440 FINAL Jersey Industrial Complex Project Environmental Impact Report Mitigation Monitoring and Reporting Program SCH No. 2021060608 Prepared for: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, California 91730 Contact: Vincent Acuna Prepared by: Birdseye Planning Group, LLC P.O.Box 1956, Vista, CA 92085 Contact: Ryan Birdseye January 2022 Page 441 This page intentionally left blank. Page 442 TABLE OF CONTENTS Jersey Industrial Complex Project Findings of Fact January 2022 i TABLE OF CONTENTS Section Page SECTION 1. Authority ................................................................................................................. 1 SECTION 2. Monitoring Schedule ............................................................................................. 1 SECTION 3. Support Documentation ........................................................................................ 2 SECTION 4. Format of Mitigation Monitoring Matrix ............................................................... 2 LIST OF TABLES Table 1-1 Mitigation Monitoring and Reporting Program ................................................. 3 Page 443 TABLE OF CONTENTS Jersey Industrial Complex Project Findings of Fact January 2022 ii This page intentionally left blank. Page 444 MMRP Jersey Industrial Complex Project Final EIR January 2022 1 MITIGATION MONITORING AND REPORTING PROGRAM SECTION 1. Authority This environmental Mitigation Monitoring and Reporting Program (Program) has been prepared pursuant to §21081.6 of the California Environmental Quality Act (CEQA) (Public Resources Code §21000 et seq.), and CEQA Guidelines (14 Cal. Code Regs. §15000 et seq.) §§15091(d) and 15097, to ensure implementation of and provide for the monitoring of mitigation measures required of the Jersey Industrial Complex Project (Project), as set forth in the Final Environmental Impact Report (FEIR) prepared for the Project. This report will be kept on file in the offices of the CEQA Lead Agency, the City of Rancho Cucamonga (City). The EIR addresses the potential environmental impacts of the Project, and, where appropriate, recommends mitigation measures to avoid or substantially lessen significant environmental impacts. The Program detailed in the matrix table below is designed to monitor and ensure implementation of all mitigation measures that are adopted for the Project. The City is the Lead Agency for the Project and assumes ultimate enforcement responsibilities for implementation of all mitigation measures listed in this Program. The City may assign responsibility for implementation or monitoring to appropriate designees such as a construction manager or third-party monitor. However, as the Lead Agency, the City remains responsible for ensuring that implementation of the mitigation measures occurs in accordance with this Program. In some cases, the City is required to secure permits or approvals from third-party agencies in order to implement a mitigation measure. In these cases, the City is responsible for verifying that such permits or approvals have been obtained in accordance with the conditions stipulated in the mitigation measure. The City’s existing planning, engineering, operations, and procurement review and inspection processes will be used as the basic foundation for the Program procedures and will also serve to provide the documentation for the reporting program. SECTION 2. Monitoring Schedule Prior to construction, while detailed design plans are being prepared by City staff or its agents, City staff will be responsible for ensuring compliance with mitigation monitoring applicable to the Project construction, development, and design phases. Once construction has begun and is underway, monitoring of the mitigation measures associated with construction will be included in the responsibilities of City staff, who shall prepare or cause to be prepared periodic monitoring reports, as appropriate. Regulatory agencies will have to harmonize CEQA mitigation with regulatory permit conditions and monitoring/reporting as part of the regulatory permitting process and will likely require submittal of formal monitoring reports. Once construction has been completed, the City will monitor the Project as specified in the mitigation measures. Page 445 MMRP Jersey Industrial Complex Project Final EIR January 2022 2 SECTION 3. Support Documentation Findings and related documentation supporting the findings involving modifications to mitigation measures shall be maintained in the Project file with the Program and shall be made available to the public upon request. SECTION 4. Format of Mitigation Monitoring Matrix The mitigation monitoring matrix on the following pages identifies the environmental issue areas for which monitoring is required, the required mitigation measures, the time frame for monitoring, and the responsible implementing and monitoring agencies. Page 446 MMRP Jersey Industrial Complex Project Final EIR January 2022 3 TABLE 1-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Responsible for Monitoring Timing of Verification Method of Verification Verified Date/initials AIR QUALITY AQ-1: Condition project to overlap architectural coating phase with the building phase by approximately 44 total workdays to avoid exceeding the daily ROG standard. Prior to issuance of a building permit, the Applicant shall submit a detailed construction schedule to the City of Rancho Cucamonga which demonstrates that the architectural coating phase will overlap with the building phase by a minimum of 44 days. City of Rancho Cucamonga Prior to issuance of building permits Plan check BIOLOGICAL RESOURCES BIO-1: Pursuant to the Migratory Bird Treaty Act (MBTA) and Fish and Game Code, removal of any trees, shrubs, or any other potential nesting habitat should be conducted outside the avian nesting season. The nesting season extends from February 1 through August 31 but can vary slightly from year to year based upon seasonal weather conditions. If ground disturbance and vegetation removal cannot occur outside of the nesting season, a pre-construction clearance survey for nesting birds, shall be conducted by a qualified biologist within three (3) days of the start of any ground disturbing activities to ensure that no nesting birds will be disturbed during construction. If an active avian nest is discovered during the pre-construction clearance survey, construction activities can commence thereafter provided activities are able to maintain a 300-foot buffer around the active nest. For raptors and special-status species, this buffer will be expanded to 500 feet. A biological monitor shall be present during construction activities within the buffer area. to delineate the boundaries of the buffers and to monitor the active nest to ensure that nesting behavior is not adversely affected by the construction activity. If the biologist determines that bird breeding activity is being disrupted, the Project Applicant shall stop work, notify the City and coordinate with the USFWS and CDFW to agree upon an avoidance/minimization approach. City of Rancho Cucamonga Prior to grading permit and/or construction permit issuance; during grading, excavation and construction activities, upon completion of monitoring activities, and prior to final engineering inspection. On-site inspection, separate submittal Page 447 MMRP Jersey Industrial Complex Project Final EIR January 2022 4 TABLE 1-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Responsible for Monitoring Timing of Verification Method of Verification Verified Date/initials Upon agreement of the avoidance/ minimization approach, work may resume subject to the revisions and continued monitoring. If burrowing owls are detected on-site during the clearance survey, in conformance with the California Staff Report’s protocols, no ground- disturbing activities will be permitted within 656 feet of an occupied burrow during the breeding season (February 1 to August 31), unless otherwise authorized by CDFW. Once the qualified biologist has determined the young have fledged and left the nest of any birds within the buffer area(s), or the nest otherwise becomes inactive under natural conditions, normal construction activities can occur. Reporting. If no active nests are found during the pre-construction clearance survey, the Project Applicant shall submit to the City of Rancho Cucamonga a brief letter report prepared by the biologist that documents the negative survey results. The letter report shall also indicate that no impacts to active avian nests will occur. If active nests were found, the Project Applicant shall submit a final bird survey monitoring report prepared by the project biologist to the City, the USFWS and CDFW. The report shall include documentation of all bird surveys, monitoring activities, coordination efforts with the wildlife agencies, as-built construction drawings with an overlay of any active nests in the survey areas, photographs of habitat areas during pre-construction and post-construction conditions, and other relevant summary information documenting that authorized impacts were not exceeded and that general compliance was achieved for the avoidance/minimization provisions and the biological monitoring program required by the wildlife agencies. Page 448 MMRP Jersey Industrial Complex Project Final EIR January 2022 5 TABLE 1-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Responsible for Monitoring Timing of Verification Method of Verification Verified Date/initials CULTURAL RESOURCES CUL-1: In the event that cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60-foot buffer) shall cease and a qualified archaeologist meeting Secretary of Interior standards shall be hired to assess the find. Work on the other portions of the Project outside of the buffered area may continue during this assessment period. Additionally, the SMBMI Cultural Resources Department shall be contacted, as detailed within TCR-1, regarding any pre-contact and/or historic-era finds and be provided information after the archaeologist makes his/her initial assessment of the nature of the find, so as to provide Tribal input with regards to significance and treatment. City of Rancho Cucamonga Prior to issuance of grading permit/during grading and construction Plan check, separate submittal CUL-2: If significant pre-contact and/or historic-era cultural resources, as defined by CEQA (as amended, 2015), are discovered and avoidance cannot be ensured, the archaeologist shall develop a Monitoring and Treatment Plan, the drafts of which shall be provided to SMBMI for review and comment, as detailed within TCR-1. The archaeologist shall monitor the remainder of the Project and implement the Plan accordingly. City of Rancho Cucamonga During grading and construction On-site inspection, separate submittal CUL-3: If human remains or funerary objects are encountered during any activities associated with the Project, work in the immediate vicinity (within a 100-foot buffer of the find) shall cease and the County Coroner shall be contacted pursuant to State Health and Safety Code §7050.5 and that code enforced for the duration of the Project. If the human remains are determined to be prehistoric, the coroner will notify the Native American Heritage Commission, which will determine and notify a Most Likely Descendant. The Most Likely Descendant shall complete the inspection of the site within 48 hours of notification and may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. City of Rancho Cucamonga Prior to issuance of grading permit/during grading and construction Plan check, separate submittal Page 449 MMRP Jersey Industrial Complex Project Final EIR January 2022 6 TABLE 1-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Responsible for Monitoring Timing of Verification Method of Verification Verified Date/initials TRIBAL CULTURAL RESOURCES TCR-1: The SMBMI Cultural Resources Department shall be contacted, as detailed in Mitigation Measure CUL-1, of any pre-contact and/or historic-era cultural resources discovered during project implementation and be provided information regarding the nature of the find, so as to provide Tribal input with regards to significance and treatment. Should the find be deemed significant, as defined by CEQA (as amended, 2015), a cultural resource Monitoring and Treatment Plan shall be created by the archaeologist, in coordination with SMBMI, and all subsequent finds shall be subject to this Plan. This Plan shall allow for a monitor to be present that represents SMBMI for the remainder of the Project, should SMBMI elect to place a monitor on-site. City of Rancho Cucamonga Prior to issuance of grading permit/during grading and construction Plan check, separate submittal TCR-2: Any and all archaeological/cultural documents created as a part of the Project (isolate records, site records, survey reports, testing reports, etc.) shall be supplied to the applicant and Lead Agency for dissemination to SMBMI. The Lead Agency and/or applicant shall, in good faith, consult with SMBMI throughout the life of the Project. City of Rancho Cucamonga During grading and construction Separate submittal TCR-3: The Project Applicant shall be required to retain and compensate for the services of a Tribal monitor/consultant who is both approved by the Gabrieleño Band of Mission Indians-Kizh Nation Tribal Government and is listed under the NAHC’s Tribal Contact list for the area of the Project location. This list is provided by the NAHC. The monitor/consultant will only be present on-site during the construction phases that involve ground disturbing activities. Ground disturbing activities are defined by the Gabrieleño Band of Mission Indians-Kizh Nation as activities that may include, but are not limited to, pavement removal, pot-holing or auguring, grubbing, tree removals, boring, grading, excavation, drilling, and trenching, within the Project area. The Tribal Monitor/consultant will complete daily monitoring logs that will provide descriptions of the day’s activities, including construction activities, locations, soil, and any cultural materials identified. The on-site monitoring shall end when the Project site grading and City of Rancho Cucamonga Prior to issuance of grading permit/during grading and construction On-site inspection, other agency permit/approval Page 450 MMRP Jersey Industrial Complex Project Final EIR January 2022 7 TABLE 1-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Responsible for Monitoring Timing of Verification Method of Verification Verified Date/initials excavation activities are completed, or when the Tribal Representatives and monitor/consultant have indicated that the site has a low potential for impacting Tribal Cultural Resources. TCR-4: Upon discovery of any archaeological resources, cease construction activities in the immediate vicinity of the find until the find can be assessed. All archaeological resources unearthed by project construction activities shall be evaluated by the qualified archaeologist and tribal monitor/consultant approved by the Gabrieleño Band of Mission Indians-Kizh Nation. If the resources are Native American in origin, the Gabrieleño Band of Mission Indians-Kizh Nation shall coordinate with the landowner regarding treatment and curation of these resources. Typically, the Tribe will request reburial or preservation for educational purposes. Work may continue on other parts of the Project while evaluation and, if necessary, mitigation takes place (CEQA Guidelines Section15064.5 [f]). If a resource is determined by the qualified archaeologist to constitute a “historical resource” or “unique archaeological resource”, time allotment and funding sufficient to allow for implementation of avoidance measures, or appropriate mitigation, must be available. The treatment plan established for the resources shall be in accordance with CEQA Guidelines Section 15064.5(f) for historical resources. City of Rancho Cucamonga During grading and construction On-site inspection, other agency permit/approval TCR-5: Preservation in place (i.e., avoidance) is the preferred manner of treatment. If preservation in place is not feasible, treatment may include implementation of archaeological data recovery excavations to remove the resource along with subsequent laboratory processing and analysis. Any historic archaeological material that is not Native American in origin shall be curated at a public, non-profit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material, they shall be offered to a local school or historical society in the area for educational purposes. City of Rancho Cucamonga During grading and construction Onsite inspection, other agency permit/approval Page 451 MMRP Jersey Industrial Complex Project Final EIR January 2022 8 TABLE 1-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Responsible for Monitoring Timing of Verification Method of Verification Verified Date/initials TCR-6: Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in PRC 5097.98, are also to be treated according to this statute. Health and Safety Code 7050.5 dictates that any discoveries of human skeletal material shall be immediately reported to the County Coroner and excavation halted until the coroner has determined the nature of the remains. If the coroner recognizes the human remains to be those of a Native American or has reason to believe that they are those of a Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission (NAHC) and PRC 5097.98 shall be followed. City of Rancho Cucamonga During grading and construction On-site inspection, other agency permit/approval Page 452 Conditions of Approval Community Development Department Project #: DRC2019-00766 Project Name: EDR - Jersey and Milliken Warehouse Location: -- - 022911160-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions Building plans shall demonstrate that all walls comply with wall height requirements, as outlined in RCMC Chapter 17.48. 1. Photometric plans submitted during building plan check shall comply with the City's outdoor and site lighting standards, as outlined in RCMC Sec. 17.58.050. 2. Design Review DRC2019-00766 is for the approval of a 159,580 square-foot industrial/warehouse building, subdivided into four (4) suites. Any modifications to the square footage of the overall building, size of suites, or the number of suites shall require Planning Department review and approval. 3. Developer shall provide all prospective tenants a disclosure stating that fire and smoke are to be expected to be visible from the subject property, as the property is located across from a City fire training center. A draft copy of this disclosure shall be provided to the Planning Department for review, prior to the issuance of building permits. 4. Standard Conditions of Approval All roof appurtenances, including air conditioners and other roof mounted equipment and/or projections shall be screened from all sides and the sound shall be buffered from adjacent properties and streets as required by the Planning Department. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Planning Director. Any roof-mounted mechanical equipment and/or ductwork, that projects vertically more than 18 inches above the roof or roof parapet, shall be screened by an architecturally designed enclosure which exhibits a permanent nature with the building design and is detailed consistent with the building. Any roof-mounted mechanical equipment and/or ductwork, that projects vertically less than 18 inches above the roof or roof parapet shall be painted consistent with the color scheme of the building. Details shall be included in building plans. 5. The applicant shall sign the Statement of Agreement and Acceptance of Conditions of Approval provided by the Planning Department. The signed Statement of Agreement and Acceptance of Conditions of Approval shall be returned to the Planning Department prior to the submittal of grading/construction plans for plan check, request for a business license, and/or commencement of the approved activity. 6. www.CityofRC.us Printed: 2/1/2022 ITEM G1: 4/20/2022 -ADDITIONAL MATERIAL - UPDATED CONDITIONS OF APPROVAL Project #: DRC2019-00766 Project Name: EDR - Jersey and Milliken Warehouse Location: -- - 022911160-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 7. 8. 9. 10. The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. In the event such legal action is filed, the City shall estimate its expenses for litigation. The applicant shall deposit such amount with the City or enter into an agreement with the City to pay such expenses as they become due. Copies of the signed Planning Commission Resolution of Approval or Approval Letter, Conditions of Approval, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. The applicant shall be required to pay California Department of Fish and Wildlife Notice of Determination & Environmental Impact Report fee in the amount of $3,495.25. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to public hearing. Any approval shall expire if Building Permits are not issued or approved use has not commenced within 2 years from the date of approval or a time extension has been granted. This project is subject to public art requirement outlined in Chapter 17.124 of the Development Code. Prior to the issuance of building permits (for grading or construction), the applicant shall inform the Planning Department of their choice to install public art, donate art or select the in-lieu option as outlined in 17.124.020.D. If the project developer chooses to pay the in -lieu fee, the in-lieu art fee will be invoiced on the building permit by the City and shall be paid by the applicant prior to building permit issuance. If the project developer chooses to install art, they shall submit, during the plan check process, an application for the art work that will be installed on the project site that contains information applicable to the art work in addition to any other information as may be required by the City to adequately evaluate the proposed the art work in accordance with the requirements of Chapter 17.124. If the project developer chooses to donate art, applications for art work donated to the City shall be subject to review by the Public Art Committee which shall make a recommendation whether the proposed donation is consistent with Chapter 17.124 and final acceptance by the City Council. No final approval, such as a final inspection or the a issuance of a Certificate of Occupancy, for any development project (or if a multi-phased project, the final phase of a development project) that is subject to this requirement shall occur unless the public art requirement has been fulfilled to the satisfaction of the Planning Department. 11. www.CityofRC.us Page 2 of 16Printed: 2/1/2022 Project #: DRC2019-00766 Project Name: EDR - Jersey and Milliken Warehouse Location: -- - 022911160-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval A detailed landscape and irrigation plan, including slope planting and model home landscaping in the case of residential development, shall be prepared by a licensed landscape architect and submitted for Planning Director review and approval prior to the issuance of Building Permits for the development or prior final map approval in the case of a custom lot subdivision. For development occurring in the Very High Fire Hazard Severity Zone, the landscape plans will also be reviewed by Fire Construction Services. 12. Landscaping and irrigation systems required to be installed within the public right-of-way on the perimeter of this project area shall be continuously maintained by the developer. 13. A minimum of 20 percent of trees planted within industrial projects, and a minimum of 30 percent within commercial and office projects, shall be specimen size trees - 24-inch box or larger. 14. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking stalls.15. The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included in the required landscape plans and shall be subject to Planning Director review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Services Department. 16. Tree maintenance criteria shall be developed and submitted for Planning Director review and approval prior to issuance of Building Permits. These criteria shall encourage the natural growth characteristics of the selected tree species. 17. Trees shall be planted in areas of public view adjacent to and along structures at a rate of one tree per 30 linear feet of building. 18. All walls shall be provided with decorative treatment. If located in public maintenance areas, the design shall be coordinated with the Engineering Services Department. 19. Landscaping and irrigation shall be designed to conserve water through the principles of water efficient landscaping per Development Code Chapter 17.82. 20. All parking lot landscape islands shall have a minimum outside dimension of 6 feet.21. All parking spaces shall be double striped per City standards and all driveway aisles, entrances, and exits shall be striped per City standards. 22. The signs indicated on the submitted plans are conceptual only and not a part of this approval. Any signs proposed for this development shall comply with the Sign Ordinance and shall require separate application and approval by the Planning Department prior to installation of any signs. 23. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community, Specific Plans and/or Master Plans in effect at the time of Building Permit issuance. 24. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination and in conformance with Building and Safety Services Department standards, the Municipal Code and the Rancho Cucamonga Fire Department (RCFD) Standards. 25. www.CityofRC.us Page 3 of 16Printed: 2/1/2022 Project #: DRC2019-00766 Project Name: EDR - Jersey and Milliken Warehouse Location: -- - 022911160-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval The site shall be developed and maintained in accordance with the approved plans which include Site Plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Department, the conditions contained herein, and the Development Code regulations. 26. Downspouts shall not be visible from the exterior of any elevations of the buildings. All downspouts shall be routed through the interior of the building walls. 27. All ground-mounted utility appurtenances such as transformers, AC condensers, etc ., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Director. For single -family residential developments, transformers shall be placed in underground vaults. 28. All parkways, open areas, and landscaping shall be permanently maintained by the property owner, homeowners' association, or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for Planning Director and Engineering Services Department review and approved prior to the issuance of Building Permits. 29. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved by the Planning Director and Police Department (909-477-2800 ) prior to the issuance of Building Permits . Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. 30. Occupancy of the facilities shall not commence until such time as all California Building Code and State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Services Department to show compliance. The buildings shall be inspected for compliance and final acceptance granted prior to occupancy. 31. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 32. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the Planning Director. 33. Trash receptacle (s) are required and shall meet City standards. The final design, locations, and the number of trash receptacles shall be subject to Planning Director review and approval prior to the issuance of Building Permits. 34. Engineering Services Department Please be advised of the following Special Conditions Any existing public improvements that are damaged or substandard such as sidewalks, driveways, curb & gutters, asphalt, etc, shall be removed and replaced to the current City Standards. 1. www.CityofRC.us Page 4 of 16Printed: 2/1/2022 Project #: DRC2019-00766 Project Name: EDR - Jersey and Milliken Warehouse Location: -- - 022911160-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Please be advised of the following Special Conditions Developer shall limit vehicular access of the east driveway along Jersey Blvd to passenger cars only. All truck access along Jersey Blvd shall be right -in, right-out only at the west driveway along this frontage . Provide a driveway design to include an island median and all signing and striping to be reviewed during the plan check process. 2. Rail Spurs: The City has a strong interest in creating urban trails that increase connectivity between neighborhoods, workplaces, and other destinations. To that end, General Plan Policy CS -6.3 provides: “Continue to incorporate, where feasible, regional and community trails along utility corridors and drainage channels.” Further, the City supports the eventual closure and abandonment of railroad spurs to avoid unnecessary crossings. A north /south railroad spur currently owned by the BNSF Railway (“BNSF”) is located on portions of APNs 0229-111-15 and 0209-145-11 (the “Rail Spur”), immediately west of the subject property (APN 0229-111-60). Although the applicant does not currently own the Rail Spur, the City believes that BNSF may convey some or all of the Rail Spur to the applicant or a subsequent owner of the subject property when the Rail Spur is no longer necessary for BNSF ’s operations. If BNSF conveys some or all of the Rail Spur and the fee interest in the underlying real property immediately adjacent to the subject property to the applicant or a subsequent owner, then the applicant or subsequent owner shall make an irrevocable offer to dedicate such real property to the City for use as a public trail. The applicant shall record a covenant against the subject property that implements the terms of this condition. 3. Standard Conditions of Approval Easements for public sidewalks placed outside the public right-of-way shall be dedicated to the City.4. Corner property line cutoffs shall be dedicated per City Standards.5. A final drainage study shall be submitted to and approved by the City Engineer prior to final map approval or the issuance of Building Permits, whichever occurs first. All drainage facilities shall be installed as required by the City Engineer. 6. ** CD Information Required Prior to Sign-Off for Building Permit Prior to the issuance of building permits, if valuation is greater or equal to $100,000, a Diversion Deposit and a related administrative fee shall be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 65% of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the City. Applicant must identify if they are self -hauling or utilizing Burrtec prior to issuance of a building permit. Proof of diversion must be submitted to the Environmental Engineering Division within 60 days following the completion of the construction and / or demolition project. Contact Marissa Ostos, Environmental Engineering, at (909) 774-4062 for more information. Instructions and forms are available at the City's website, www .cityofrc.us, under City Hall / Engineering / Environmental Programs / Construction & Demolition Diversion Program. 7. www.CityofRC.us Page 5 of 16Printed: 2/1/2022 Project #: DRC2019-00766 Project Name: EDR - Jersey and Milliken Warehouse Location: -- - 022911160-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval Add the following note to any private landscape plans that show street trees: “All improvements within the public right-of-way, including street trees, shall be installed per the public improvement plans .” If there is a discrepancy between the public and private plans, the street improvement plans will govern. 8. Construct the following perimeter street improvements including, but not limited to: Curb & Gutter A.C. Pvmt Side-walk Drive Appr. Street Lights etc. Notes: (a) Pavement reconstruction and overlays will be determined during plan check. 9. Pursuant to Municipal Code Section 16.37.010, no person shall make connections from a source of energy, fuel or power to any building or structure which is regulated by technical codes and for which a permit is required unless, in addition to any and all other codes, regulations and ordinances, all improvements required by these conditions of development approval have been completed and accepted by the City Council, except: that in developments containing more than one building, structure or unit, the development may have energy connections made in equal proportion to the percentage of completion of all improvements required by these conditions of development approval, as determined by the City Engineer, provided that reasonable, safe and maintainable access to the property exists. In no case shall more than 95 percent of the buildings, structures or units be connected to energy sources prior to completion and acceptance of all improvements required by these conditions of development approval. 10. Improvement Plans and Construction: a. Street improvement plans, including street trees shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public street improvements, prior to the issuance of Building Permits. b. Prior to any work being performed in public right -of-way, fees shall be paid and a construction permit shall be obtained from the Engineering Services Department in addition to any other permits required. c. Pavement striping, marking, and traffic signing shall be installed to the satisfaction of the City Engineer. d. Existing City roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Street or lane closure permits are required. A cash deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. e. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be installed to City Standards, except for single-family residential lots. 11. www.CityofRC.us Page 6 of 16Printed: 2/1/2022 Project #: DRC2019-00766 Project Name: EDR - Jersey and Milliken Warehouse Location: -- - 022911160-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval Install street trees per City street tree design guidelines and standards as follows. The completed legend (box below) and construction notes shall appear on the title page of the street improvement plans. Street improvement plans shall include a line item within the construction legend stating: “Street trees shall be installed per the notes and legend on Sheet ___ (typically Sheet 1).” Where public landscape plans are required, tree installation in those areas shall be per the public landscape improvement plans. Street Name Botanical Name Common Name Min. Grow Space Spacing Size Qty. Construction Notes for Street Trees: 1) All street trees are to be planted in accordance with City standard plans. 2) Prior to the commencement of any planting, an agronomic soils report shall be furnished to the City inspector. Any unusual toxicities or nutrient deficiencies may require backfill soil amendments, as determined by the City inspector. 3) All street trees are subject to inspection and acceptance by the Engineering Services Department. Street trees are to be planted per public improvement plans only. 12. Intersection line of sight designs shall be reviewed by the City Engineer for conformance with adopted policy. On collector or larger streets, lines of sight shall be plotted for all project intersections, including driveways. Local residential street intersections and commercial or industrial driveways may have lines of sight plotted as required. 13. All public improvements (interior streets, drainage facilities, community trails, paseos, landscaped areas, etc.) shown on the plans and /or tentative map shall be constructed to City Standards. Interior street improvements shall include, but are not limited to, curb and gutter, AC pavement, drive approaches, sidewalks, street lights, and street trees. 14. Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in accordance with the City's street tree program. 15. A signed consent and waiver form to join and /or form the appropriate Landscape and Lighting Districts shall be filed with the Engineering Services Department prior to issuance of Building Permits . Formation costs shall be borne by the developer. 16. Developer shall execute a Line Extension Agreement for electric service and shall construct electrical distribution facilities in accordance with such agreement and shall construct electrical distribution facilities in accordance with such agreement and Rancho Cucamonga Municipal Utility requirements and dedicate such facilities to the Rancho Cucamonga Municipal Utility. The Rancho Cucamonga Municipal Utility shall be the electrical service provider for all project related development. 17. www.CityofRC.us Page 7 of 16Printed: 2/1/2022 Project #: DRC2019-00766 Project Name: EDR - Jersey and Milliken Warehouse Location: -- - 022911160-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval Water and sewer plans shall be designed and constructed to meet the requirements of the Cucamonga Valley Water District (CVWD), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CVWD is required prior to final map approval or issuance of permits, whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. 18. The separate parcels contained within the project boundaries shall be legally combined into one parcel prior to issuance of Building Permits. 19. Fire Prevention / New Construction Unit Standard Conditions of Approval Locking and latching hardware for access doors is required to be operable from the exterior of the building and is required to be single action latch/lock release on the interior of the building. 1. Access doors are required to be identified in accordance with Fire District Standard 5-5. The Standard has been uploaded to the Documents section. 2. Access doors are required to be distributed along the exterior of the building such that the lineal distance between adjacent access doors does not exceed 125 feet measured center to center. 3. Required alarm systems and supervision systems are required to be in accordance with Fire District Standard 9-3. The Standard has been uploaded to the Documents section. 4. Plans for the alarm and /or supervision (monitoring) system are required to be submitted separately and issued a separate permit. Submit all plans to the Building & Safety Department for routing to the Fire District. 5. Plans for the egress lighting are required to be submitted separately and issued a separate permit . Submit all plans to the Building & Safety Department for routing to the Fire District. 6. Plans for high piled combustible storage are required to be submitted separately and issued a separate permit. Submit all plans to the Building & Safety Department for routing to the Fire District. 7. Plans for the private, onsite fire underground water infrastructure are required to be submitted separately and issued a separate permit. Submit all plans to the Building & Safety Department for routing to the Fire District. 8. Plans for the public, offsite fire underground water infrastructure are required to be submitted separately and issued a separate permit. Plans are required to be submitted prior to or concurrently with the submittal of the Water District mylars. Submit all plans to the Building & Safety Department for routing to the Fire District. 9. Plans for the racks used for high piled combustible storage are required to be submitted separately and issued a separate permit. Submit all plans to the Building & Safety Department for routing to the Fire District. 10. Plans for the sprinkler system are required to be submitted separately and issued a separate permit . Submit all plans to the Building & Safety Department for routing to the Fire District. 11. www.CityofRC.us Page 8 of 16Printed: 2/1/2022 Project #: DRC2019-00766 Project Name: EDR - Jersey and Milliken Warehouse Location: -- - 022911160-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Fire Prevention / New Construction Unit Standard Conditions of Approval Exterior doors and doors providing access to fire protection and life safety systems and equipment are required to have identification signage in accordance with Fire District Standard 5-5. The Standard has been uploaded to the Documents section. 12. The location, size, construction materials, or other features of this building and the associated project are such that adequate emergency responder radio coverage may not be achievable within the building that is proposed. It is highly recommended that a radio signal strength assessment is completed by San Bernardino County Information Services Department (ISD). Please contact Tim Trager with County ISD at 909-388-5563 or ttrager@isd.sbcounty.gov Upon substantial completion and final completion of construction, the fire code official will oversee a radio signal strength test that is in accordance with the California Fire Code. If acceptable radio coverage cannot be achieved after construction is completed, equipment necessary to increase the radio signal strength or otherwise allow adequate emergency responder radio communication will be required to be installed. 13. Designated and conforming aerial apparatus access is required in accordance with Fire District Standard 5-1. Show aerial apparatus access on the fire access plan. The Standard has been uploaded to the Documents section. 14. Fire apparatus access (fire lane) design, construction, and identification are required to be in accordance with Fire District Standard 5-1. The Standard has been uploaded to the Documents section. 15. Fire extinguishers are required in accordance with Section 906 of the California Fire Code. Consult with the Fire Inspector for the correct type, size, and exact installation locations. 16. Fire flow information for this project is obtained from the Cucamonga Valley Water District (CVWD). CVWD can be reached at 909-944-6000 or custserv@cvwdwater.com. 17. Fire flow is required to be in accordance with Appendix B of the California Fire Code. The Fire District has adopted the appendix without local amendments. Proof of the availability of the required fire flow must be provided to the Fire District in the form of a letter or written report dated within the past 12 months. 18. Fire sprinkler are required to be installed in accordance with Fire District Standard 9-5. The Standard has been uploaded to the Documents section. 19. Gates installed across a commercial /industrial emergency vehicle access road (fire lane) are required to be in accordance with Standard 5-4. The Standard has been uploaded to the Documents section. 20. A Knox Box key box is required in accordance with Fire District Standard 5-9. Additional boxes may be required depending on the size of the building, the location of fire protection and life safety system controls, and the operational needs of the Fire District. The Standard has been uploaded to the Documents section. If an installed Knox Box is available to this project or business, keys for the building/suite/unit are required to be provided to the Fire Inspector at the final inspection. 21. www.CityofRC.us Page 9 of 16Printed: 2/1/2022 Project #: DRC2019-00766 Project Name: EDR - Jersey and Milliken Warehouse Location: -- - 022911160-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Fire Prevention / New Construction Unit Standard Conditions of Approval Coordinate landscaping with the roof access ladder points and address signage. Landscaping cannot obstruct roof access or clear visibility of address signage from time of installation to maturity of the shrubs and trees. 22. A fire service site plan is required in accordance with Fire District Standard 5-11. The Standard has been uploaded to the Documents section. 23. Roof access is required to be in accordance with Fire District Standard 5-6. The Standard has been uploaded to the Documents section. 24. Street address and unit /suite signage for commercial and industrial buildings are required to be in accordance with Fire District Standard 5-8. The Standard has been uploaded to the Documents section. 25. Identification of fire protection systems and components, fire alarm systems and components, and equipment and devices associated with fire and life safety systems is required to be in accordance with Fire District Standards 5-5 and 5-10. The Standards have been uploaded to the Documents section. 26. Fire apparatus access roads (fire lanes) can be included in an engineered onsite storm water retention plan. The ponding of storm water shall not exceed a designed depth of four (4) inches in the designated fire apparatus access road (s) and the area between the fire apparatus access road (s) and the exterior walls of all normally occupied buildings. 27. Public and private fire service water mains, public and private hydrants, water control valves, fire sprinkler risers, fire department connections (FDCs), and other fire protection water related devices and equipment are required to be provided, designed, and installed in accordance with Fire District Standard 5-10. The Standard has been uploaded to the Documents section. 28. Building and Safety Services Department Please be advised of the following Special Conditions When the Entitlement Review is approved submit complete construction drawings including structural calculations and T-24 energy calcualtions to Building and Safety for plan review in accordance with the current edition of the California Building and Fire Codes including all local ordinances and standards . The new structure is required to be equipped with automatic fire sprinklers. A soils report is required for new structures. Disabled access to the site and building must be provided in accordance to the State of California published thresholds at the time of plan check submittal 1. Grading Section Please be advised of the following Special Conditions Prior to issuance of a wall permit, a copy of the Grading Special Conditions of Approval shall be included within the engineered wall plans and calculations. 1. Standard Conditions of Approval www.CityofRC.us Page 10 of 16Printed: 2/1/2022 Project #: DRC2019-00766 Project Name: EDR - Jersey and Milliken Warehouse Location: -- - 022911160-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval Grading of the subject property shall be in accordance with current adopted California Building Code and/or the California Residential Code, City Grading Standards, and accepted grading practices. The Grading and Drainage Plan (s) shall be in substantial conformance with the approved conceptual Grading and Drainage Plan. 2. A soils report shall be prepared by a qualified Engineer licensed by the State of California to perform such work. Two copies will be provided at grading and drainage plan submittal for review. Plans shall implement design recommendations per said report. 3. The final Grading and Drainage Plan, appropriate certifications and compaction reports shall be completed, submitted, and approved by the City Engineer, or designee, prior to the issuance of building permits. 4. A separate Grading and Drainage Plan check submittal is required for all new construction projects and for existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The Grading and Drainage Plan shall be prepared, stamped, and wet signed by a California licensed Civil Engineer prior to the issuance of a grading or building permit. 5. The applicant shall comply with the City of Rancho Cucamonga Dust Control Measures and place a dust control sign on the project site prior to the issuance of a grading permit. All dust control sign (s) shall be located outside of the public right of way. 6. If a Rough Grading and Drainage Plan /Permit are submitted to the Engineering Services for review, the rough grading plan shall be a separate plan submittal and permit from Precise Grading and Drainage Plan/Permit. 7. Prior to the issuance of a grading permit the applicant shall obtain written permission from the adjacent property owner(s) to construct wall(s) on property line(s) or provide a detail(s) showing the perimeter wall(s) to be constructed offset from the property line. 8. Prior to issuance of a grading permit the Final Grading and Drainage Plan shall show the accessibility path from the public right of way and the accessibility parking stalls to the building doors in conformance with the current adopted California Building Code. All accessibility ramps shall show sufficient detail including gradients, elevations, and dimensions and comply with the current adopted California Building Code. 9. The Grading and Drainage Plan shall implement City Standards for on -site construction where possible, and shall provide details for all work not covered by City Standard Drawings. 10. Prior to issuance of a grading permit, the grading and drainage plan shall show the maximum parking stall gradient at 5 percent. Accessibility parking stall grades shall be constructed per the, current adopted California Building Code. 11. This project shall comply with the accessibility requirements of the current adopted California Building Code. 12. www.CityofRC.us Page 11 of 16Printed: 2/1/2022 Project #: DRC2019-00766 Project Name: EDR - Jersey and Milliken Warehouse Location: -- - 022911160-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval Grading Inspections: a) Prior to the start of grading operations the owner and grading contractor shall request a pre -grading meeting. The meeting shall be attended by the project owner /representative, the grading contractor and the Building Inspector to discuss about grading requirements and preventive measures, etc. If a pre-grading meeting is not held within 24 hours from the start of grading operations, the grading permit may be subject to suspension by the Building Inspector; b) The grading contractor shall call into the City of Rancho Cucamonga Building and Safety Department at least 1 working day in advance to request the following grading inspections prior to continuing grading operations: i)The bottom of the over-excavation; ii)Completion of Rough Grading, prior to issuance of the building permit; iii)At the completion of Rough Grading, the grading contractor or owner shall submit to the Permit Technicians (Building and Safety Front Counter) an original and a copy of the Pad Certifications to be prepared by and properly wet signed and sealed by the Civil Engineer and Soils Engineer of Record; iv) The rough grading certificates and the compaction reports will be reviewed by the Associate Engineer or a designated person and approved prior to the issuance of a building permit. 13. Prior to issuance of a grading or building permit, the permitted grading plan (or architectural site plan ) set shall show in each of the typical sections and the plan view show how the separations between the building exterior and exterior ground surface meet the requirements of Sections CBC 1804.3/CRC R401.3, CBC2304.11.2.2/CRC R317.1(2) and CBC2512.1.2/CRC R703.6.2.1 of the current adopted California Building Code/Residential Code. 14. Prior to issuance of a grading permit, the applicant shall obtain a signed and notarized letter from the adjacent property owner(s) for ALL work proposed on the adjacent property. The letter shall be scanned and pasted onto the permitted grading plan set. The letter shall show on either the title sheet or a detail sheet of the grading and drainage plan set. 15. Prior to approval of the project -specific storm water quality management plan, the applicant shall submit to the City Engineer, or his designee, a precise grading plan showing the location and elevations of existing topographical features, and showing the location and proposed elevations of proposed structures and drainage of the site. 16. A drainage study showing a 100-year, AMC 3 design storm event for on -site drainage shall be prepared and submitted to the City Engineer, or his designee for review and approval for on -site storm water drainage prior to issuance of a grading permit. The report shall contain water surface profile gradient calculations for all storm drain pipes 12-inches and larger in diameter. All reports shall be wet signed and sealed by the Engineer of Record. In addition, the project specific drainage study shall provide inlet calculations showing the proper sizing of the water quality management plan storm water flows into the proposed structural storm water treatment devices. 17. Roof water is not permitted to flow over the public parkway and shall be directed to an under parkway culvert per City of Rancho Cucamonga requirements prior to issuance of a grading permit. 18. Private sewer, water, and storm drain improvements will be designed per the latest adopted California Plumbing Code. Private storm drain improvements shall be shown on the grading and drainage plan. 19. www.CityofRC.us Page 12 of 16Printed: 2/1/2022 Project #: DRC2019-00766 Project Name: EDR - Jersey and Milliken Warehouse Location: -- - 022911160-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval Prior to the issuance of the Certificate of Occupancy or final sign off by the Building Inspector the engineer of record shall certify the functionality of the storm water quality management plan (WQMP) storm water treatment devices and best management practices (BMP). 20. Prior to approval of the Water Quality Management Plan (WQMP), the WQMP shall include a copy of the project Conditions of Approval. 21. Prior to the issuance of a Grading Permit the City of Rancho Cucamonga ’s “Memorandum of Agreement of Storm Water Quality Management Plan” shall be submitted for review and approval by the City Engineer, or his designee, and recorded with the County Recorder’s Office. 22. Prior to issuance of a Grading Permit the applicant shall obtain a Waste Discharge Identification Number (WDID). The WDID number shall also be shown on the WQMP Site and Drainage Plan document. 23. The applicant shall provide a copy of a completed EPA Form 7520-16 (Inventory of Injection Wells) for each underground infiltration device, with the Facility ID Number assigned, to the City Engineer, or his designee, prior to issuance of the Grading Permit and /or approval of the project -specific Water Quality Management Plan. A copy of EPA Form 7520-16 shall be scanned and pasted onto the permitted grading plan set, and a copy of said form shall be included in the project -specific Water Quality Management Plan. 24. The land owner shall provide an inspection report by a qualified person /company on a biennial basis for the Class V Injection Wells /underground infiltration chambers to the City of Rancho Cucamonga Environmental Program Manager. The land owner shall maintain on a regular basis all best management practices (BMP”s) as described in the Storm Water Quality Management Plan (WQMP) prepared for the subject project. All costs associated with the underground infiltration chamber are the responsibility of the land owner. 25. The land owner shall provide an inspection report on a biennial basis for the structural storm water treatment devices, commonly referred to as BMPs, to the City of Rancho Cucamonga Environmental Program Manager. The land owner shall maintain on a regular basis as described in the Storm Water Quality Management Plan prepared for the subject project. All costs associated with the underground infiltration chamber are the responsibility of the land owner. 26. The land/property owner shall follow the inspection and maintenance requirements of the approved project specific Water Quality Management Plan and shall provide a copy of the inspection reports on a biennial basis to the City of Rancho Cucamonga Environmental Program Manager. 27. A final project-specific Storm Water Quality Management Plan (WQMP) shall be approved by the City Engineer, or his designee, and the City of Rancho Cucamonga ’s “Memorandum of Storm Water Quality Management Plan” shall be recorded prior to the issuance of a grading permit or any building permit. 28. The Site and Drainage Plan in the final project -specific Water Quality Management Plan shall show the locations of all roof downspout drains. if required for storm water quality purposes, the downspouts shall include filters. 29. www.CityofRC.us Page 13 of 16Printed: 2/1/2022 Project #: DRC2019-00766 Project Name: EDR - Jersey and Milliken Warehouse Location: -- - 022911160-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval Prior to the issuance of a building permit or Engineering Services Department issued right of way permit, the applicant shall submit to the City Engineer, or his designee, a final project specific water quality management plan for review and approval, and shall have said document recorded with the San Bernardino County Recorder's Office. 30. Prior to the start of landscaping operations, the landscape architect and the landscape contractor shall provide a sample of the weed fabric barrier to the Project Planner, City of Rancho Cucamonga Planning Department. The weed barrier shall be permeable. 31. The final project-specific water quality management plan (WQMP) shall include executed maintenance agreements along with the maintenance guidelines for all proprietary structural storm water treatment devices (BMP’s). In the event the applicant cannot get the proprietary device maintenance agreements executed prior to issuance of a grading permit, the applicant is required to submit a letter to be included within the WQMP document, and scanned and pasted onto the Site and Drainage Plan which states that prior to issuance of a certificate of occupancy with applicant shall enter into a contract for the maintenance of the proprietary storm water treatment device. If the proprietary storm water treatment device is part of a residential subdivision, prior to the sale of the residential lot, the developer shall include maintenance agreement (s) as part of the sale of the residential lot to the buyer. A copy of the maintenance agreements to be included in the sale of the property shall be included within the WQMP document. 32. Prior to issuance of a grading permit and approval of the project specific water quality management plan all private storm water catch basin inlets shall include insert filters to capture those pollutants of concern as addressed in the in the final project -specific water quality management plan (WQMP). At a minimum catch basin insert filters to capture trash and other floating debris. All catch basin insert filters shall be maintained on a regular basis as described in the “Inspection and Maintenance Responsibility for Post Construction BMP” section of the final project-specific water quality management plan. 33. Prior to issuance of a grading permit the Final Project -Specific Water Quality Management Plan shall include a completed copy of “Worksheet H: Factor of Safety and Design Infiltration Worksheet” located in Appendix D “Section VII – Infiltration Rate Evaluation Protocol and Factor of Safety Recommendations, …” of the San Bernardino County Technical Guidance Document for Water Quality Management Plans. The infiltration study shall include the Soil Engineer ’s recommendations for Appendix D, Table VII.3: Suitability Assessment Related Considerations for Infiltration Facility Safety Factors”. 34. Prior to approval of the final project -specific water quality management plan the applicant shall have a soils engineer prepare a project -specific infiltration study for the project for the purposes of storm water quality treatment. The infiltration study and recommendations shall follow the guidelines in the current adopted “San Bernardino County Technical Guidance Document for Water Quality Management Plans”. 35. www.CityofRC.us Page 14 of 16Printed: 2/1/2022 Project #: DRC2019-00766 Project Name: EDR - Jersey and Milliken Warehouse Location: -- - 022911160-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval GROUND WATER PROTECTION: Prior to approval of the final project specific water quality management plan (WQMP), the WQMP document shall meet the requirements of the State Water Resources Control Board Order No . R8-2010-0036 (NPDES No. CAS 618036), the San Bernardino County Municipal Separate Storm Sewers Separation (MS4) Permit reads: Section XI.D(Water Quality Management Plan Requirements).8(Groundwater Protection): Treatment Control BMPs utilizing infiltration [exclusive of incidental infiltration and BMPs not designed to primarily function as infiltration devices (such as grassy swales, detention basins, vegetated buffer strips, constructed wetlands, etc.)] must comply with the following minimum requirements to protect groundwater: a.Use of structural infiltration treatment BMPs shall not cause or contribute to an exceedance of ground water quality objectives. b.Source control and pollution prevention control BMPs shall be implemented to protect groundwater quality. The need for pre-treatment BMPs such as sedimentation or filtration should be evaluated prior to infiltration. c.Adequate pretreatment of runoff prior to infiltration shall be required in gas stations and large commercial parking lots. (NOTE: The State Water Quality Control Board defines a large commercial parking lot as ‘100,000 sq. ft. or more of commercial development to include parking lot (with 100 or more vehicle traffics ), OR, by means of 5,000sqft or more of allowable space designated for parking purposes’). d.Unless adequate pre -treatment of runoff is provided prior to infiltration structural infiltration treatment BMPs must not be used for areas of industrial or light industrial activity{77}, areas subject to high vehicular traffic (25,000 or more daily traffic ); car washes; fleet storage areas; nurseries; or any other high threat to water quality land uses or activities. e.Class V injection wells or dry wells must not be placed in areas subject to vehicular{78} repair or maintenance activities{79}, such as an auto body repair shop, automotive repair shop, new and used car dealership, specialty repair shop (e.g., transmission and muffler repair shop) or any facility that does any vehicular repair work. f.Structural infiltration BMP treatment shall not be used at sites that are known to have soil and groundwater contamination. g.Structural infiltration treatment BMPs shall be located at least 100 feet horizontally from any water supply wells. h.The vertical distance from the bottom of any infiltration structural treatment BMP to the historic high groundwater mark shall be at least 10-feet. Where the groundwater basins do not support beneficial uses, this vertical distance criteria may be reduced, provided groundwater quality is maintained. i.Structural infiltration treatment BMPs shall not cause a nuisance or pollution as defined in Water Code Section 13050. 36. www.CityofRC.us Page 15 of 16Printed: 2/1/2022 Project #: DRC2019-00766 Project Name: EDR - Jersey and Milliken Warehouse Location: -- - 022911160-0000 Project Type: Design Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval NONRESIDENTIAL MANDATORY MEASURES – CALIFORNIA GREEN BUILDING STANDARDS CODE – Prior to the issuance of any building permit the applicant shall comply with Section 5.106.10 (Grading and paving) of the current adopted California Green Building Standards Code: Construction plans shall indicate how site grading or a drainage system will manage all surface water flows to keep water from entering buildings. Examples of methods to manage surface water include, but are not limited to, the following: 1.Swales. 2.Water collection and disposal systems. 3.French drains. 4.Water retention gardens. 5.Other water measures which keep surface water away from buildings and aid in groundwater recharge. Exception: Additions and alterations not altering the drainage path. 37. The applicant shall provide a grading agreement and grading bond for all cut and fill combined exceeding 5,000 cubic yards prior to issuance of a grading permit. The grading agreement and bond shall be approved by the City Engineer, or designee. 38. (Grd.100) Prior to issuance of a grading permit the applicant shall show on the site plan and the permitted grading plan set for non -residential projects the designated parking for clean air vehicles per the current adopted California Green Building Standards Code, section 5.106.5.2. 39. (Grd.017) Prior to issuance of a grading permit the precise grading and drainage plan shall follow the format provided in the City of Rancho Cucamonga handout “Information for Grading Plans and Permit”. 40. (Grd.101) Prior to issuance of a grading permit for non -residential projects the applicant shall show on the electrical plans and the permitted grading plan set the location for a future installation of an Electric Vehicle (EV) charging station/parking area per the current adopted California Green Building Standards Code, section 5.106.5.3. 41. www.CityofRC.us Page 16 of 16Printed: 2/1/2022 Jersey and Milliken Industrial Building Appeal April 20, 2022 Project Background Applicant: Ralph Karubian Project: Design Review to construct a 159,580 square-foot industrial/warehouse building. Approved by PC on February 9, 2022. Appealed on February 17, 2022. Appellant: Lozeau Drury, LLP on behalf of the Supporters Alliance for Environmental Responsibility (“SAFER”) Project Summary •Meets all pertinent development standards. •Meets architectural standards for prominent corner. •Structure and proposed use is consistent with the objectives of the General Plan. •Meets City Council goals. Subject Property JERSEY BLVD MILLIKEN AVEN SUBJECT PROPERTY JERSEY BLVD.MILLIKEN AVE. N PROJECT SITE Subject Property JERSEY BLVD MILLIKEN AVE N Environmental Assessment •Environmental Impact Report (EIR) prepared for project (State Clearing House No. 2021060608). •Upon implementation of the project and all mitigation measures, impacts associated with the project will remain less than significant. Appeal •Appellant asserts project’s EIR fails to thoroughly analyze the project’s impacts related to: •Biological Resources (5 Comments) •Air Quality (3 Comments) Biological Resources -Comments •EIR fails to establish accurate baseline for sensitive biological resources. •EIR fails to address potential significant impact on loss of breeding capacity. •EIR inadequately analyzed impacts on: -Wildlife Movement -Wildlife from Additional Traffic -Cumulative Impacts on wildlife in the region Biological Resources -Responses •Site survey conducted meets CEQA standards. Site does not support long-term nesting habitat. •Site surrounded by industrial uses and two major streets. •Site has no trees. •Vegetation periodically cleared for weed abatement. •Site previously graded for remediation. Air Quality -Comments •EIR Relies on inaccurate air quality model to determine project emissions. •EIR fails to address health risk impacts because no health risk assessment was conducted. •EIR fails to adequately evaluate GhG impacts. Air Quality -Responses •Air Quality modelling for both project emissions and GhG was done correctly and conservatively. •Traffic volumes from project falls below threshold for needing a health risks assessment. Revised Condition of Approval •Modification to the Condition of Approval #7 for the project. •Updates standard language related to the City’s indemnity clause. Recommendation •Staff reviewed the appellant’s comments and the applicant’s responses. •EIR as certified by the Planning Commission on February 9, 2022, adequately addresses all CEQA requirements. •Staff recommends that the City Council deny the appeal, certify the EIR, uphold the Planning Commission decision to approve Design Review DRC2019-00766, and approve a modification to the COAs of project. DATE:April 20, 2022 TO:Mayor and Members of the City Council FROM:John R. Gillison, City Manager INITIATED BY:Flavio Nunez, Management Analyst II Matthew R. Burris, Deputy City Manager - Community Development Interim Planning Director SUBJECT:Public Hearing for the Approval of the Draft 2022-2023 Action Plan for the Community Development Block Grant (CDBG) Program. (CITY) RECOMMENDATION: Staff recommends that the City Council: 1. Conduct a public hearing a receive comments on the draft 2022-2023 Action Plan for the use of Community Development Block Grant (CDBG) funds. 2. Approve the 2022-2023 Action Plan and authorize the City Manager, or designee, to submit the plan and any necessary amendments to the plan to the United States Department of Housing and Urban Development (HUD). 3. Provide City Staff with a methodology to distribute funds should the City’s 2022-2023 CDBG annual allocation increase or decrease. 4. Authorize the City Manager, or designee, to negotiate, execute, and amend contracts with subrecipients or professional service providers as necessary to implement the CDBG projects identified in the 2022-2023 Action Plan. 5. Authorize the City Manager, or designee, to execute, amend, and submit to HUD all plans and documents necessary to administer the 2022-2023 CDBG programs. 6. Authorize the appropriation of funds for the 2022-2023 CDBG program. BACKGROUND: The City of Rancho Cucamonga City Council adopted the 2020-2024 Consolidated Plan on April 15, 2020, which described the City’s housing and community development needs and strategies to address those needs over five years using HUD entitlement grant funds. The 2022-2023 Action Plan is the third of five annual plans implementing the 2020-2024 Consolidated Plan Strategic Plan Goals to invest annual allocations of CDBG funds from HUD. As part of its responsibility in receiving these funds, the City must prepare and submit an annual Action Plan outlining the proposed uses of CDBG funds to address the priorities in the 2020-2024 Consolidated Plan. To comply with HUD regulations, the 2022-2023 Action Plan must be submitted to HUD on or before May 13, 2022. Page 453 Page 2 1 2 3 3 ANALYSIS: As of the date of this meeting, HUD has not released the City’s CDBG annual allocation and therefore HUD has advised the City to prepare its Action Plan utilizing the City’s current year CDBG annual allocation. For this reason, it is anticipated that during the 2022-2023 program year, the City will receive approximately $1,070,323 of CDBG funds to be allocated to eligible activities. The program activities listed below will be implemented from July 1, 2022, to June 30, 2023. Public Service Activities City of Rancho Cucamonga: Farmer's Market Partnership $17,000 City of Rancho Cucamonga: CASA $12,000 Northtown Housing Development Corporation: Senior Food Bank Meal Program $15,500 City of Rancho Cucamonga: Jane Penny LINK Program $9,600 City of Rancho Cucamonga: Financial Assistance Program $12,000 City of Rancho Cucamonga: Graffiti Removal Program $15,000 Impact Southern California: Homeless Prevention/Rapid Rehousing Program $25,000 House of Ruth: Domestic Violence Services and Prevention $12,224 Family Service Association: Senior Nutrition Program $15,000 Foothill Family Shelter: Housing and Food Security Program $15,000 Inland Valley Hope Partners: Food Security/Family Stabilization $12,224 Sub-Total:$160,548 Capital Activities City of Rancho Cucamonga: Housing Rehabilitation Program $330,011 City of Rancho Cucamonga: Sidewalk Grinding Project $45,700 City of Rancho Cucamonga: Pecan Ave. & Whittram Ave. Street Improvement Project $290,000 City of Rancho Cucamonga: 21/22 Concrete Rehabilitation Project $30,000 Sub-Total:$695,711 Program Administration Activities CDBG Program Administration $194,064 Inland Fair Housing and Mediation Board: Fair Housing Services $20,000 Sub-Total:$214,064 TOTAL 2022-2023 CDBG PROGRAM $1,070,323 Page 454 Page 3 1 2 3 3 Due to the uncertainty in the City’s 2022-2023 annual allocation, a request of the City Council is being made to provide staff and the public with a methodology for which activity budgets will be adjusted when the final allocation is released by HUD. It is recommended that City Council adopt the following language for adjusting activity budgets for the CDBG program: Should the CDBG allocation be higher than $1,070,323: o Balance of additional funds will be allocated to the Pecan Ave. & Whittram Ave. Street Improvement Project. o Funding levels for all outstanding activities will remain the same as proposed in the 2022-2023 Action Plan. Should the CDBG allocation be lower than $1,070,323: o Fair Housing services will remain funded at $20,000 but the CDBG Administration budget will be reduced to be compliant with the 20% cap for Administration activities. o All Public Service activities will receive an equitable reduction to be compliant with the 15% cap for Public Service activities. o Balance of funds will be deducted from the Pecan Ave. & Whittram Ave. Street Improvement Project. o Funding levels for all outstanding activities will remain the same as proposed in the 2022-2023 Action Plan. FISCAL IMPACT: There will be no negative impact to the General Fund as a result of the planned projects. As an entitlement grantee, the City is eligible to receive CDBG funds annually from HUD. The 2022-2023 Action Plan allocates approximately $1,070,323 (or as otherwise determined by HUD) of CDBG funds in furtherance of the City’s Consolidated Plan Strategic Plan Goals. The following appropriations are requested to allocate the CDBG funding: 1204000-4750/2050-0 (CDBG Fund-Grant Income-Federal) $1,070,323 COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: ENHANCING PREMIER COMMUNITY STATUS: The acceptance of the funds and implementation of the programs will enhance the City’s status by ensuring residents have access to a wide array of public services and decent affordable housing with suitable living conditions. ATTACHMENTS: Attachment 1 – Draft 2022-2023 Annual Action Plan Page 455 Annual Action Plan FY 2022-2023 Draft April 20, 2022 Amendment 1 Attachment 1 Page 456 City of Rancho Cucamonga i 2022 Annual Action Plan This page intentionally left blank Page 457 City of Rancho Cucamonga ii 2022 Annual Action Plan Table of Contents Executive Summary ............................................................................................................................ - 1 - AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) ............................................................... - 1 - PR-05 Lead & Responsible Agencies – 91.200(b) ............................................................................. - 8 - AP-10 Consultation – 91.100, 91.200(b), 91.215(l) .......................................................................... - 9 - AP-12 Participation – 91.105, 91.200(c) ........................................................................................ - 19 - Expected Resources ......................................................................................................................... - 28 - AP-15 Expected Resources – 91.220(c)(1,2) ................................................................................. - 28 - Annual Goals and Objectives ............................................................................................................ - 32 - AP-20 Annual Goals and Objectives............................................................................................... - 32 - AP-35 Projects – 91.220(d) ........................................................................................................... - 34 - AP-38 Project Summary ................................................................................................................ - 35 - AP-50 Geographic Distribution – 91.220(f) ..................................................................................... - 40 - Affordable Housing ........................................................................................................................... - 42 - AP-75 Barriers to Affordable Housing ............................................................................................. - 42 - AP-85 Other Actions – 91.220(k) ................................................................................................... - 45 - Program Specific Requirements ........................................................................................................ - 47 - AP-90 Program Specific Requirements – 91.220(l)(1,2,4) ............................................................... - 47 - Action Plan Tables Table 1 – Strategic Plan Summary ....................................................................................................... - 4 - Table 2 – Responsible Agencies .......................................................................................................... - 8 - Table 3 - Agencies, groups, organizations who participated................................................................ - 17 - Table 4 - Other local / regional / federal planning efforts ..................................................................... - 17 - Table 5 – Citizen Participation Outreach ............................................................................................ - 27 - Table 6 - Expected Resources – Priority Table ................................................................................... - 28 - Table 7 – Goals Summary ................................................................................................................. - 32 - Table 8 - Project Information ............................................................................................................. - 34 - Table 9 - Geographic Distribution ...................................................................................................... - 40 - Page 458 City of Rancho Cucamonga iii 2022 Annual Action Plan Version History No. Summary of Changes 1 Published Draft for Public Comment: 03/18/20 22 Sent to HUD for Approval: 05/13/20 22 Conducted Public Hearing: 04/20/20 22 Approved by HUD: TBD Original 2022-2023 Annual Action Plan. Page 459 City of Rancho Cucamonga - 1 - 2022 Annual Action Plan Executive Summary AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) 1. Introduction On April 15, 2020, the Rancho Cucamonga City Council adopted the 2020-2024 Consolidated Plan which described the City's housing and community development needs, strategies and activities to address those needs over a five-year period using entitlement grant funds provided by the U.S. Department of Housing and Urban Development (HUD). The 2022-2023 Action Plan is the third of five annual plans implementing the 2020-2024 Consolidated Plan Strategic Plan goals via the investment of annual allocations of Community Development Block Grant (CDBG) funds from HUD. The Action Plan identifies available resources, annual goals, projects, and activities for the period beginning July 1, 2022, and ending June 30, 2023. The City receives CDBG funds from HUD on a formula basis each year, and in turn, awards grants and loans to non-profit, for-profit, or public organizations for programs and projects in furtherance of this Plan. The CDBG program provides for a wide range of eligible activities for the benefit of low- and moderate-income Rancho Cucamonga residents, as discussed below. In addition, the City is a member of the San Bernardino County HOME Consortium. The HOME Investment Partnerships Program (HOME) is an additional HUD formula grant that provides funding to support the acquisition, construction, and rehabilitation of affordable rental and homeownership housing. The County administers the program and oversees HOME activities and programs that occur in Rancho Cucamonga. Community Development Block Grant (CDBG) The Housing and Community Development Act of 1974 created the CDBG Program with three primary objectives against which HUD evaluates the Consolidated Plan and the City's performance. Those primary objectives are decent housing, suitable living environments, and expanded economic opportunities for low- and moderate-income persons. The CDBG regulations require that each activity meet one of the following national objectives: • Benefit low- and moderate-income persons; or • Aid in the prevention or elimination of slums and blight; or • Meet other community development needs having a particular urgency (usually the result of a natural disaster). Each year, the City certifies with the submission of its Annual Action Plan that it has given maximum feasible priority to activities, which meet the first and second objectives above. Additionally, the City certifies that no less than 70 percent of the CDBG funds received, over a three-year certification period, will be designed to benefit low- and moderate-income persons. Page 460 City of Rancho Cucamonga - 2 - 2022 Annual Action Plan 2022-2023 Program Year As of the date of the preparation of this document, HUD has not yet released the City’s annual allocation. However, for the 2022-2023 program year, the City anticipates receiving $1,070,323 of CDBG funds. The 2022-2023 Action Plan allocates $1,070,323 of CDBG funds to the following program activities to be implemented from July 1, 2022, through June 30, 2023. Due to the uncertainty in the City’s 2022-2023 annual allocation, a request of the City Council is being made to provide staff and the public with a methodology for which activity budgets will be adjusted when the final allocation is released by HUD. It is recommended that City Council adopt the following language for adjusting activity budgets for the CDBG program: • Should the CDBG allocation be higher than $1,070,323: o Balance of additional funds will be allocated to the Pecan Ave. & Whittram Ave. Street Improvement Project. o Funding levels for all outstanding activities will remain the same as proposed in the 2022- 2023 Action Plan. • Should the CDBG allocation be lower than $1,070,323: o Fair Housing services will remain funded at $20,000 but the CDBG Administration budget will be reduced to be compliant with the 20% cap for Administration activities. o All Public Service activities will receive an equitable reduction to be compliant with the 15% cap for Public Service activities. o Balance of funds will be deducted from the Pecan Ave. & Whittram Ave. Street Improvement Project. o Funding levels for all outstanding activities will remain the same as proposed in the 2022- 2023 Action Plan. 2022-2023 Public Service Activities City of Rancho Cucamonga: Farmer's Market Partnership $17,000 City of Rancho Cucamonga: CASA $12,000 Northtown Housing Development Corporation: Senior Food Bank Meal Program $15,500 City of Rancho Cucamonga: Jane Penny LINK Program $9,600 City of Rancho Cucamonga: Financial Assistance Program $12,000 City of Rancho Cucamonga: Graffiti Removal Program $15,000 Impact Southern California: Homeless Prevention/Rapid Rehousing Program $25,000 House of Ruth: Domestic Violence Services and Prevention $12,224 Family Service Association: Senior Nutrition Program $15,000 Foothill Family Shelter: Housing and Food Security Program $15,000 Inland Valley Hope Partners: Food Security/Family Stabilization $12,224 Page 461 City of Rancho Cucamonga - 3 - 2022 Annual Action Plan Sub-Total: $160,548 2022-2023 Capital Activities City of Rancho Cucamonga: Housing Rehabilitation Program $330,011 City of Rancho Cucamonga: Sidewalk Grinding Project $45,700 City of Rancho Cucamonga: Pecan Ave. & Whittram Ave. Street Improvement Project $290,000 City of Rancho Cucamonga: 21/22 Concrete Rehabilitation Project $30,000 Sub-Total: $695,711 2022-2023 Program Administration Activities CDBG Program Administration $194,064 Inland Fair Housing and Mediation Board: Fair Housing Services $20,000 Sub-Total: $214,064 TOTAL 2022-2023 CDBG PROGRAM $1,070,323 Page 462 City of Rancho Cucamonga - 4 - 2022 Annual Action Plan 2. Summarize the objectives and outcomes identified in the Plan HUD's Community Planning and Development (CPD) Outcome Performance Measurement Framework classifies objectives in three (3) categories: decent housing, a suitable living environment, and economic opportunity. In consideration of community input as well as the Needs Assessment and Market Analysis, the Strategic Plan identifies five (5) high priority needs to be addressed through the implementation of activities with four (4) Strategic Plan goals. The high priority needs include: • Preserve the supply of affordable housing • Equal access to housing opportunities • Public services for low- and moderate-income residents • Improve public facilities and infrastructure • Address material and architectural barriers to accessibility for elderly persons and severely disabled adults Consistent with HUD's national goals for the CDBG program to provide decent housing opportunities, maintain a suitable living environment and expand economic opportunities for low- and moderate-income residents, the priority needs listed above will be addressed over the next five years through the implementation of CDBG funded activities aligned with the following measurable goals included in the Strategic Plan section of this Plan: Goal Name Category Need(s) Addressed Goal Outcome Indicator 1 Fair Housing Services Affordable Housing Equal access to housing opportunities 2,000 people 2 Public Services Non-Housing Community Development Public services for low- and moderate-income residents 5,000 people 3 Affordable Housing Preservation Affordable Housing Preserve the supply of affordable housing 100 owner housing units 4 Public Facilities and Infrastructure Improvements Non-Housing Community Development Improve public facilities and infrastructure Address barriers to accessibility 15 public facilities 25,000 people Table 1 – Strategic Plan Summary Page 463 City of Rancho Cucamonga - 5 - 2022 Annual Action Plan 3. Evaluation of past performance The City is currently implementing the projects and activities included in the 2021-2022 Action Plan. As of this writing, all projects and activities are underway. During the 2020-2021 program year, the City and its partnering organizations were able to accomplish the following: • Fair Housing Services: provided 562 unduplicated residents with fair housing and landlord-tenant mediation services. • Public Services: provided a range of services to seniors, survivors of domestic violence, and low- and moderate-income families including but not limited to providing meals to 474 elderly individuals, homeless prevention services to 239 people, domestic violence shelter and counseling services for 111 residents, access to food bank services for 690 residents, nutritional health services to 131 people, and skilled care for 100 homebound seniors. • Affordable Housing Preservation: completed four (4) housing rehabilitations for low- and moderate- income homeowners to address deficient housing conditions. • Public Facilities and Infrastructure Improvements: The School Crosswalk Improvements and Westerly Sidewalk Improvements projects commenced and are scheduled for completion during the first quarter of the 2021-2022 program year • COVID-19 Response: The City of Rancho Cucamonga utilized its CDBG-CV funds to implement an Emergency Housing Assistance activity. This public service program provided up to three (3) months of assistance to low- and moderate-income residents that were negatively impacted by COVID-19. As a result of these efforts, the City assisted 175 households. The City commenced the implementation of the City’s Emergency Small Business Assistance and Microenterprise Assistance Programs during the 2021-2022 Program Year. The investment of HUD resources during the 2015-2019 program years resulted in measurable accomplishments that contributed to positive outcomes for Rancho Cucamonga residents. Together with other federal, state and local investments, HUD resources allowed the City of Rancho Cucamonga and its partners to: • Preserve and improve the existing housing stock and ensure equal access through rehabilitation of owner-occupied housing units; • Provide fair housing services to residents; • Provide healthy meals to residents; • Provide transportation services to seniors; and • Provide homelessness prevention and assistance services to residents. While the City and local partners were able to successfully implement the activities listed above during the last six (6) years, there were insufficient resources to fully address the level of need for the community. Page 464 City of Rancho Cucamonga - 6 - 2022 Annual Action Plan 4. Summary of Citizen Participation Process and consultation process The Consolidated Plan regulations at 24 CFR Part 91 provide the citizen participation and consultation requirements for the development of the Consolidated Plan. Chief among those requirements is the need to consult with the Continuum of Care (CoC) to address homelessness, Public Housing Authorities (PHA), business leaders, civic leaders and public or private agencies that address housing, health, social service, victim services, employment, or education needs of low-income individuals and families, homeless individuals and families, youth and/or other persons with special needs. This qualitative input was combined with a quantitative analysis of demographic, housing and socioeconomic data to develop the strategic plan that reflects the housing, community and economic development needs and priorities for the City over the next five years. In accordance with the City's Citizen Participation Plan, residents and stakeholders were able to participate in the development of the 2020-2024 Consolidated Plan through surveys, community meetings and public hearings. Efforts were made to encourage participation by low- and moderate-income persons, particularly those living in areas where HUD funds are proposed to be used, and by residents of predominantly low- and moderate-income neighborhoods. Efforts were made to encourage the participation of minorities and non- English speaking persons, as well as persons with disabilities. The consultation process included representatives of the CoC, PHA, and other specified groups who completed surveys, provided local data, and assisted the City to ensure practical coordination of strategies to maximize impact and to avoid duplication of effort. To satisfy the federal requirements at 24 CFR 91.105(e)(1)(ii), the City held two public hearings to obtain residents' views on housing and community development needs, development of proposed activities, proposed strategies and actions for affirmatively furthering fair housing, and a review of program performance. The City convened the first public hearing on September 15, 2021, to receive comments regarding program performance. A draft of the 2020-2021 Consolidated Annual Performance and Evaluation Report (CAPER) was made available for public review and comment from August 27, 2021, to September 15, 2021. No public comments were received. Subsequently, the City made the draft 2022-2023 Action Plan available for public review and comment from March 18, 2022, to April 20, 2022. Residents were invited to review the draft Action Plan and to attend the Public Hearing on April 20, 2022 or submit written comments concerning the housing and community development needs, proposed projects and activities in the Action Plan, as well as proposed strategies and actions for affirmatively furthering fair housing. No public comments were received. During the development of the 2022-2023 Action Plan, the City solicited applications from various non-profit organizations and City Departments for the provision of fair housing services, public services, and community and economic development projects. Applications received by the January 21, 2022, deadline were evaluated for eligibility and funding recommendations. Page 465 City of Rancho Cucamonga - 7 - 2022 Annual Action Plan 5. Summary of public comments As required by HUD regulations, all comments received, and responses to said comments by the City are summarized in section AP-12 of this Action Plan. No comments were received during the April 20, 2022, public hearing. 6. Summary of comments or views not accepted and the reasons for not accepting them All comments and views received by the City in the development of the Action Plan were accepted and taken into consideration in the development of the Action Plan. 7. Summary The 2022-2023 Action Plan addresses each of the four (4) Strategic Plan Goals from the 2020-2024 Consolidated Plan by allocating a total of $1,070,323 in CDBG funds towards eligible activities that are to be implemented from July 1, 2022, to June 30, 2023. Activities submitted for consideration in response to any solicitation of Notice of Funding Availability (NOFA) process must conform with one (1) of the four (4) Strategic Plan strategies and the associated action-oriented, measurable goals to be considered to receive CDBG funds. Page 466 City of Rancho Cucamonga - 8 - 2022 Annual Action Plan PR-05 Lead & Responsible Agencies – 91.200(b) 1. Agency/entity responsible for preparing/administering the Consolidated Plan The following are the agencies/entities responsible for preparing the Consolidated Plan and those responsible for the administration of each grant program and funding source. Agency Role Name Department/Agency CDBG Administrator Rancho Cucamonga Planning Department Table 2 – Responsible Agencies Narrative The City's Planning Department is the lead agency responsible for the administration of the CDBG program. The City contracted with MDG Associates, Inc. to prepare the 2022-2023 Annual Action Plan. In the development of the 2020-2024 Consolidated Plan, MDG Associates, Inc. developed and implemented a comprehensive citizen participation and consultation process and conducted a needs assessment and market analysis to identify levels of relative need regarding affordable housing, homelessness, special needs, and community development. This information was gathered through consultation with public officials and local agencies, public outreach and community meetings, review of demographic and economic data, and housing market analysis. In the implementation of the 2022-2023 Annual Action Plan and each of the five (5) Annual Action Plans, the Planning Department shall be responsible for all grants planning, management and monitoring duties necessary to comply with HUD regulations and City policy. Consolidated Plan Public Contact Information City of Rancho Cucamonga Planning Department Flavio Nunez, Management Analyst II 10500 Civic Center Drive Rancho Cucamonga, CA 91730 (909) 774-4313 Page 467 City of Rancho Cucamonga - 9 - 2022 Annual Action Plan AP-10 Consultation – 91.100, 91.200(b), 91.215(l) 1. Introduction The City consulted with representatives from multiple agencies, groups, and organizations involved in the preservation of affordable housing and the provision of services to low- and moderate-income residents, including but not limited to children, elderly persons, persons with disabilities, persons with HIV/AIDS and their families, and homeless persons. To facilitate the consultation process, the City solicited feedback through the following methods: • Survey of residents and stakeholders (web-based and paper-surveys) • Individual stakeholder consultations • Community meetings • Public hearings • Receipt of written comments To gather the greatest breadth and depth of information, the City consulted with a wide variety of agencies, groups and organizations concerning the housing, community and economic development needs of the community. Each of the agencies, groups or organizations invited to consult and participate in the planning process is represented in Table 3. The input received from these consultations helped establish and inform the objectives and goals described in the Strategic Plan. Provide a concise summary of the jurisdiction's activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(I)). The City recognizes the importance of careful coordination and alignment among various service providers to maximize the effectiveness of the CDBG programs. As a result, during the development of the Consolidated Plan, the City consulted with organizations that provide assisted housing, health services and other community-focused programs. Outreach efforts included surveys, invitations to community meetings, and follow-up in-person interviews where appropriate. The City further recognizes the importance of continued coordination and alignment during the upcoming five-year planning period with these organizations and agencies. The City will reinforce these partnerships through the implementation of the Notice of Funding Availability (NOFA) process for CDBG funds each year and through technical assistance provided to subrecipients. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness San Bernardino County's homeless Continuum of Care (CoC) is comprised of a network of public, private, faith-based, for-profit, and non-profit service providers who utilize several federal, state and local resources Page 468 City of Rancho Cucamonga - 10 - 2022 Annual Action Plan to provide services for homeless people. The region's municipalities, including the City, also provide resources for services that assist the homeless and those at risk of becoming homeless. The non-profit and faith-based community plays a key role in the current CoC system. Hundreds of agencies throughout the County provide programs ranging from feeding the homeless on the street to creating permanent supportive housing opportunities. These services are available to homeless families with children, and single men and women. The non-profit and faith-based community also serves special needs populations, such as victims of domestic violence, veterans, the disabled and youth. The CoC guides the development of homeless strategies and the implementation of programs to end homelessness throughout the region. The City provided a detailed questionnaire to the CoC to identify the CoC's perceived needs in the county and its objectives to address the needs of different homeless persons populations, specifically chronically homeless families and individuals, families with children, veterans, unaccompanied youth and persons at risk of homelessness. Following the delivery and response to this questionnaire, the City followed up with the CoC to clarify existing needs and objectives and understand opportunities for collaboration and coordination during the five-year planning process. To address the City's homeless, the City utilizes CDBG funds to provide public and supportive services to prevent homelessness and/or aid those who are homeless or at risk of becoming homeless. Homeless supportive and prevention services funded through the City's CDBG 2022-2023 program year include: • House of Ruth – Provides shelter (transitional housing), programs, education, and opportunities for safe, self-sufficient, healthy living for battered women and their children who are at-risk of homelessness. • Foothill Family Shelter – Provides a 120-day transitional housing shelter for homeless families with children. • Impact Southern California – Provides case management, tenant rights counseling, and one-time payments for housing security deposits and/or rent for individuals experiencing homelessness or at risk of homelessness. • Inland Valley Hope Partners – Food security and family stabilization • Inland Fair Housing and Mediation Board – Addresses fair housing mediation and landlord-tenant dispute resolution services, which helps prevent homelessness. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards and evaluate outcomes, and develop funding, policies and procedures for the administration of HMIS Although not a direct Emergency Solutions Grant (ESG) entitlement community, the City consulted with a number of housing, social services, governmental and other entities involved in housing and community development in the City. Through these consultations, the City identified the holistic needs of the community, including those for extremely low-income households and homeless households individuals and how the City can continue to effectively coordinate with regional Page 469 City of Rancho Cucamonga - 11 - 2022 Annual Action Plan homeless service providers to best meet the needs of these populations. The CoC was consulted directly in person, by telephone and email to discuss performance standards, outcomes, and policies and procedures for HMIS. Table 3 provides a listing of the entities consulted as part of this planning process. Page 470 City of Rancho Cucamonga - 12 - 2022 Annual Action Plan 2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdictions consultations with housing, social service agencies and other entities 1 Agency/Group/Organization San Bernardino County Housing Authority Agency/Group/Organization Type Public Housing Authority What section of the Plan was addressed by Consultation? Housing Needs Assessment Public Housing How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted via personal call, emails outreach, data validation and the web-based survey. 2 Agency/Group/Organization Inland Fair Housing and Mediation Board (IFHMB) Agency/Group/Organization Type Service – Fair Housing Services - Housing What section of the Plan was addressed by Consultation? Housing Needs Assessment Market Analysis How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted by email outreach, the web-based survey and the Notice of Funding Availability (NOFA). 3 Agency/Group/Organization San Bernardino County Department of Behavioral Health Agency/Group/Organization Type Publicly funded institution / System of care What section of the Plan was addressed by Consultation? Public Health How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted by email outreach and the web-based survey. 4 Agency/Group/Organization YMCA Agency/Group/Organization Type Services – Children Services - Seniors What section of the Plan was addressed by Consultation? Non-Housing Community Development How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted by email outreach, the web-based survey and the Notice of Funding Availability (NOFA). Page 471 City of Rancho Cucamonga - 13 - 2022 Annual Action Plan 5 Agency/Group/Organization House of Ruth Agency/Group/Organization Type Services – Victims of Domestic Violence What section of the Plan was addressed by Consultation? Non-Homeless Special Needs How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted by email outreach, the web-based survey and the Notice of Funding Availability (NOFA). 6 Agency/Group/Organization Family Service Association Agency/Group/Organization Type Services – Health Services - Seniors What section of the Plan was addressed by Consultation? Non-Housing Community Development How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted by email outreach, the web-based survey and the Notice of Funding Availability (NOFA). 7 Agency/Group/Organization Foothill Family Shelter Agency/Group/Organization Type Services – Homeless Services - Housing What section of the Plan was addressed by Consultation? Homeless Needs – Families with Children Homeless Needs – Chronically Homeless How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted by email outreach, the web-based survey and the Notice of Funding Availability (NOFA). 8 Agency/Group/Organization Inland Valley Hope Partners (SOVA) Agency/Group/Organization Type Homeless Needs – Families with Children (at risk of homelessness) What section of the Plan was addressed by Consultation? Non-Housing Community Development How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted by email outreach, the web-based survey and the Notice of Funding Availability (NOFA). Page 472 City of Rancho Cucamonga - 14 - 2022 Annual Action Plan 9 Agency/Group/Organization Inland Regional Center Agency/Group/Organization Type Services – Persons with Disabilities What section of the Plan was addressed by Consultation? Non-Housing Community Development How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted by email outreach and the web-based survey. 10 Agency/Group/Organization Foothill AIDS Project Agency/Group/Organization Type Services – Persons with HIV/AIDS What section of the Plan was addressed by Consultation? Non-Housing Community Development How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted by email outreach and the web-based survey. 11 Agency/Group/Organization San Bernardino County Homeless Partnership Agency/Group/Organization Type Services - Homeless What section of the Plan was addressed by Consultation? Homelessness Strategy Homeless Needs – Chronically Homeless Homeless Needs – Families with Children Homeless Needs – Veterans Homeless Needs – Unaccompanied youth How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted by email outreach and the web-based survey. 12 Agency/Group/Organization Rancho Cucamonga Chamber of Commerce Agency/Group/Organization Type Business and Civic Leaders What section of the Plan was addressed by Consultation? Economic Development Market Analysis How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted by email outreach and the web-based survey. Page 473 City of Rancho Cucamonga - 15 - 2022 Annual Action Plan 13 Agency/Group/Organization Chaffey College Agency/Group/Organization Type Services – Education Services - Employment What section of the Plan was addressed by Consultation? Non-Housing Community Development How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted by email outreach and the web-based survey. 14 Agency/Group/Organization Rancho Cucamonga City Manager's Office Agency/Group/Organization Type Services – Health What section of the Plan was addressed by Consultation? Non-Housing Community Development How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted by email outreach, the web-based survey and the Notice of Funding Availability (NOFA). 15 Agency/Group/Organization Rancho Cucamonga Unified School District Agency/Group/Organization Type Services – Children Services – Education What section of the Plan was addressed by Consultation? Non-Housing Community Development How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted by email outreach and the web-based survey. 16 Agency/Group/Organization Inland Empire Economic Partnership (IEEP) Agency/Group/Organization Type Services – Employment Regional Organization What section of the Plan was addressed by Consultation? Non-Housing Community Development Economic Development How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted by email outreach and the web-based survey. Page 474 City of Rancho Cucamonga - 16 - 2022 Annual Action Plan 17 Agency/Group/Organization San Bernardino County Workforce Investment Board Agency/Group/Organization Type Services – Employment What section of the Plan was addressed by Consultation? Economic Development How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted by email outreach and the web-based survey. 18 Agency/Group/Organization Inland Empire Regional Broadband Consortium Agency/Group/Organization Type Services – Broadband Advocates What section of the Plan was addressed by Consultation? Broadband Needs How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted by email outreach and the web-based survey. 19 Agency/Group/Organization FEMA Agency/Group/Organization Type Emergency/Floodplain Management What section of the Plan was addressed by Consultation? Hazard Mitigation How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted by email outreach and the web-based survey. 20 Agency/Group/Organization Northtown Housing Development Agency/Group/Organization Type Services – Seniors Services – Youth What section of the Plan was addressed by Consultation? Non-Housing Community Development How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted by email outreach, the web-based survey and the Notice of Funding Availability (NOFA). Page 475 City of Rancho Cucamonga - 17 - 2022 Annual Action Plan 21 Agency/Group/Organization Heritage Farmer's Markets Agency/Group/Organization Type Services – Health and Wellness Economic Development What section of the Plan was addressed by Consultation? Non-Housing Community Development How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted by email outreach, the web-based survey and the Notice of Funding Availability (NOFA). Table 3 - Agencies, groups, organizations who participated Identify any Agency Types not consulted and provide rationale for not consulting The City maintains a list of agencies, organizations and other stakeholders that have expressed an interest in the City's CDBG programs and invited representatives from each entity to participate at multiple points in the planning process. All agencies were strongly encouraged to attend the community meetings and participate in surveys. Any agency or organization that was not consulted and would like to be included in the City's list of stakeholders, the agency or organization may contact the Planning Department at (909) 477-2750. Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care San Bernardino County Consultation with San Bernardino County indicates the City's public service strategy in this Consolidated Plan is consistent with the CoC's strategies. City of Rancho Cucamonga 2014- 2021 Housing Element (Updated draft 2021-2019 Housing Element) City of Rancho Cucamonga Strategic Plan goals are consistent with Housing Element policies and goals with respect to affordable housing, housing preservation and furthering fair housing choice. San Bernardino County HOME Consortium San Bernardino County Coordination with the San Bernardino County Community Development and Housing Department shows this Consolidated Plan is consistent with the HOME Consortium's strategies and goals. Table 4 - Other local / regional / federal planning efforts Page 476 City of Rancho Cucamonga - 18 - 2022 Annual Action Plan Describe cooperation and coordination with other public entities, including the State and any adjacent units of general local government, in the implementation of the Consolidated Plan (91.215(l)) To enhance coordination among the CoC, public and assisted housing providers and private and governmental health, mental health and service agencies, the City invited each of these entities to provide input on the needs of the community in the development of this Consolidated Plan. The Planning Department works with subrecipients of CDBG funds to ensure a coordinated effort among service agencies in the region to address the needs of the City’s residents, including but not limited to, chronically homeless individuals and families, families with children, veterans and their families, unaccompanied youth, and persons who were recently homeless but now living in permanent housing. To promote economic opportunities for low-income residents, the City coordinates with subrecipient social service agencies, businesses and housing developers to ensure that where there are job opportunities for low-income people in connection with HUD-assisted projects, information is disseminated through appropriate channels consistent with the objectives of Section 3 of the Housing and Community Development Act of 1968. Page 477 City of Rancho Cucamonga - 19 - 2022 Annual Action Plan AP-12 Participation – 91.105, 91.200(c) 1. Summary of citizen participation process/Efforts made to broaden citizen participation The City established and followed a process for the development of the five-year Consolidated Plan that included broad participation from the community. These activities were coordinated and implemented by the Planning Department. To assist in the identification of priority needs in the City, a survey was prepared and distributed to residents of the City to solicit resident input in the prioritization of needs related to community services, community facilities, infrastructure, neighborhood services, special needs services, businesses and jobs, and housing. The surveys were available online and were also made available at various public facilities. Two community meetings to discuss the housing and community development needs in the community were held on September 19, 2019, and October 19, 2019. At each step in the process, the City was careful to ensure that low- and moderate-income residents, members of minority groups, agencies involved in the provision of services to these populations, and others who are directly impacted by the programs and activities supported by the Consolidated Plan programs had the opportunity to be actively involved. Two public hearings were held at different stages in the development of the Consolidated Plan. The first public hearing before the City Council on September 18, 2019, focused on the Citizen Participation Plan. The second public hearing was held on April 15, 2020, before the City Council to receive comments on the draft 2020-2024 Consolidated Plan, 2020-2021 Annual Action Plan, and 2020-2024 Analysis of Impediments to Fair Housing Choice. To satisfy the federal requirements at 24 CFR 91.105(e)(1)(ii), the City held two public hearings to obtain residents' views on housing and community development needs, development of proposed activities, proposed strategies and actions for affirmatively furthering fair housing, and a review of program performance. The City of Rancho Cucamonga convened the first public hearing on September 15, 2021, to receive comments regarding program performance. A draft of the 2020-2021 Consolidated Annual Performance and Evaluation Report (CAPER) was made available for public review and comment from August 27, 2021, to September 15, 2021. No public comments were received. Subsequently, the City made the draft 2022-2023 Action Plan available for public review and comment from March 18, 2022, to April 20, 2022. Residents were invited to review the draft Action Plan and to attend the Public Hearing on April 20, 2022 or submit written comments concerning the housing and community development needs, proposed projects and activities in the Action Plan, as well as proposed strategies and actions for affirmatively furthering fair housing. No public comments were received. During the development of the 2022-2023 Action Plan, the City solicited applications from various non-profit organizations and City Departments for the provision of fair housing services, public services, and community and economic development projects. Applications received by the January 21, 2022, deadline were evaluated for eligibility and funding recommendations. Page 478 City of Rancho Cucamonga - 20 - 2022 Annual Action Plan Citizen Participation Outreach Sort Order Mode of Outreach Target of Outreach Summary of Response/attendance Summary of Comments received Summary of comments not accepted and reasons URL (If applicable) 1 News- paper Ad Non-targeted/ broad community Newspaper ad published on August 16, 2019, in the Inland Valley Daily Bulletin announcing the availability of the draft Citizen Participation Plan for a 30-day public review and comment period to include a public hearing before the Rancho Cucamonga City Council on September 18, 2019. No comments were received. Not applicable. Not applicable. 2 Public Hearing Minorities Non-English Speaking - Specify other language: Any other language Persons with disabilities Non-targeted/broad community Residents of Public and Assisted Housing A public hearing was held before the Rancho Cucamonga City Council on September 18, 2019, to receive input on the draft Citizen Participation Plan. This meeting took place prior to the publication of the draft 2020- 2024 Consolidated Plan for public review and comment. No comments were received. No comments were received. Not applicable. Page 479 City of Rancho Cucamonga - 21 - 2022 Annual Action Plan Sort Order Mode of Outreach Target of Outreach Summary of Response/attendance Summary of Comments received Summary of comments not accepted and reasons URL (If applicable) 3 Flyers Non-targeted/broad community The 2020-2024 Consolidated Plan flyer was disseminated in paper and electronic formats, in both English and Spanish, announcing two Community Meetings to receive input on the preparation of the City's 2020- 2024 Consolidated Plan and the 2020-2021 Action Plan. No comments were received. No comments were received. Not applicable. 4 Public Meeting Minorities Persons with disabilities Non-targeted/broad community Residents of Public and Assisted Housing Publicly noticed Community Meeting on September 19, 2019, at 6:00 p.m. at Central Park – 11200 Base Line Road. Residents in attendance received a presentation on the Consolidated Plan and discussed housing and community development needs with Planning Department Staff. All comments were accepted. Not applicable. 5 Public Meeting Minorities Persons with disabilities Non-targeted/broad community Residents of Public and Assisted Housing Publicly-noticed Community Meeting on October 19, 2019, at 10:00 a.m. at the RC Family Resource Center – 9791 Arrow Route. Residents in attendance received a presentation on the Consolidated Plan and discussed housing and community development needs with Planning Department Staff. All comments were accepted. Not applicable. Page 480 City of Rancho Cucamonga - 22 - 2022 Annual Action Plan Sort Order Mode of Outreach Target of Outreach Summary of Response/attendance Summary of Comments received Summary of comments not accepted and reasons URL (If applicable) 6 Internet Outreach Non-targeted/broad community The 2020-2024 Consolidated Plan Survey was available online and in paper format at various City facilities from September 17, 2019, to November 26, 2019. The City advised residents and stakeholders of the availability of the survey via email to stakeholders, posting on the City website, Facebook, Nextdoor, announcements at City Council meetings, and during the Community Meetings. The purpose of the survey was to allow all residents and stakeholders the opportunity to provide their assessment of the level of need in Rancho Cucamonga for a variety of housing, community and economic development activities. In total, 470 residents and stakeholders completed the survey. All survey responses were accepted. Not applicable. Page 481 City of Rancho Cucamonga - 23 - 2022 Annual Action Plan Sort Order Mode of Outreach Target of Outreach Summary of Response/attendance Summary of Comments received Summary of comments not accepted and reasons URL (If applicable) 7 Newspaper Ad Non-targeted/broad community Newspaper ad published on March 12, 2020, in the Inland Valley Daily Bulletin announcing the availability of the draft 2020- 2024 Consolidated Plan, draft 2020-2021 Annual Action Plan, and draft 2020-2024 Analysis of Impediments to Fair Housing for a 30-day public review and comment period to include a public hearing before the Rancho Cucamonga City Council on April 15, 2020. No comments were received. No comments were received. Not applicable. 8 Public Hearing Minorities Non-English Speaking - Specify other language: Any other language Persons with disabilities Non-targeted/broad community Residents of Public and Assisted Housing Public hearing before the Rancho Cucamonga City Council on April 15, 2020, to receive comments on the draft 2020-2024 Analysis of Impediments to Fair Housing, 2020-2024 Consolidated Plan and draft 2020-2021 Annual Action Plan prior to adoption and submission to HUD. No comments were received. No comments were received. Not applicable. Page 482 City of Rancho Cucamonga - 24 - 2022 Annual Action Plan Sort Order Mode of Outreach Target of Outreach Summary of Response/attendance Summary of Comments received Summary of comments not accepted and reasons URL (If applicable) 9 Newspaper Ad Non-targeted/broad community Notice of the 15-day public review and comment period for the draft 2019-2020 Consolidated Annual Performance and Evaluation Report (CAPER). The public notice invited interested residents to review the draft documents. Residents were also invited to a public hearing to provide oral comments before the Rancho Cucamonga City Council on December 16, 2020. No comments were received. No comments were received. Not applicable. 10 Public Hearing Minorities Non-English Speaking - Specify other language: Any other language Persons with disabilities Non-targeted/broad community Residents of Public and Assisted Housing Public hearing before the Rancho Cucamonga City Council on December 16, 2020, at 7:00 p.m. to receive comments on the draft 2019- 2020 Consolidated Annual Performance and Evaluation Report (CAPER) prior to adoption and submission to HUD. No comments were received. No comments were received. Not applicable Page 483 City of Rancho Cucamonga - 25 - 2022 Annual Action Plan Sort Order Mode of Outreach Target of Outreach Summary of Response/attendance Summary of Comments received Summary of comments not accepted and reasons URL (If applicable) 11 Newspaper Ad Non-targeted/broad community Notice of the 30-day public review and comment period for the draft 2021-2022 Action Plan. The public notice invited interested residents to review the draft documents. Residents were also invited to a public hearing to provide oral comments before the Rancho Cucamonga City Council on May 5, 2021. No comments were received. No comments were received. Not applicable. 12 Public Hearing Minorities Non-English Speaking - Specify other language: Any other language Persons with disabilities Non-targeted/broad community Residents of Public and Assisted Housing Public hearing before the Rancho Cucamonga City Council on May 5, 2021, at 7:00 p.m. to receive comments on the draft 2021-2022 Annual Action Plan prior to adoption and submission to HUD. No comments were received. No comments were received. Not applicable Page 484 City of Rancho Cucamonga - 26 - 2022 Annual Action Plan Sort Order Mode of Outreach Target of Outreach Summary of Response/attendance Summary of Comments received Summary of comments not accepted and reasons URL (If applicable) 13 Newspaper Ad Non-targeted/broad community Notice of the 15-day public review and comment period for the draft 2020-2021 Consolidated Annual Performance and Evaluation Report (CAPER). The public notice invited interested residents to review the draft documents. Residents were also invited to a public hearing to provide oral comments before the Rancho Cucamonga City Council on September 15, 2022. No comments were received. No comments were received. Not applicable. 14 Public Hearing Minorities Non-English Speaking - Specify other language: Any other language Persons with disabilities Non-targeted/broad community Residents of Public and Assisted Housing Public hearing before the Rancho Cucamonga City Council on September 15, 2021, at 7:00 p.m. to receive comments on the draft 2020- 2021 Consolidated Annual Performance and Evaluation Report (CAPER) prior to adoption and submission to HUD. No comments were received. No comments were received. Not applicable Page 485 City of Rancho Cucamonga - 27 - 2022 Annual Action Plan Sort Order Mode of Outreach Target of Outreach Summary of Response/attendance Summary of Comments received Summary of comments not accepted and reasons URL (If applicable) 15 Newspaper Ad Non-targeted/broad community Notice of the 30-day public review and comment period for the draft 2022-2023 Action Plan. The public notice invited interested residents to review the draft documents. Residents were also invited to a public hearing to provide oral comments before the Rancho Cucamonga City Council on April 20, 2022. No comments were received. No comments were received. Not applicable. 16 Public Hearing Minorities Non-English Speaking - Specify other language: Any other language Persons with disabilities Non-targeted/broad community Residents of Public and Assisted Housing Public hearing before the Rancho Cucamonga City Council on April 20, 2022, at 7:00 p.m. to receive comments on the draft 2022-2023 Annual Action Plan prior to adoption and submission to HUD. No comments were received. No comments were received. Not applicable Table 5 – Citizen Participation Outreach Page 486 City of Rancho Cucamonga - 28 - 2022 Annual Action Plan Expected Resources AP-15 Expected Resources – 91.220(c)(1,2) Introduction The projects and activities included in the 2022-2023 Action Plan are based on resources that are reasonably anticipated to be available to the City from federal, state, local and private sources from July 1, 2022, through June 30, 2023. The actual resources available to support activities during the implementation of the remainder of the 2020-2024 Consolidated Plan may vary significantly due to factors outside of the City's control. For example, HUD formula grant allocations are subject to change each year based on a number of factors such as the amount of the national appropriation, changes in ACS population data applied to the CPD grant formulas, statutory changes to the CPD grant formulas, the addition or removal of entitlements receiving a particular CPD grant and the availability of reallocated funds. Additionally, state, local and private resources will vary significantly depending on the economic conditions. For the 2022-2023 Program Year, the City has been informed by HUD that it will receive $1,070,323 in CDBG funds. Anticipated Resources Program Source of Funds Uses of Funds Expected Amount Available Year 3 Expected Amount Available Remainder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ CDBG public - federal Acquisition Admin and Planning Economic Development Housing Public Improvements Public Services $1,070,323 $0 $0 $1,070,323 $2,140,646 The expected amount available for the remainder of the Consolidated Plan period assumes level funding in future years. Table 6 - Expected Resources – Priority Table Page 487 City of Rancho Cucamonga - 29 - 2022 Annual Action Plan Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied As a City with substantial housing and community development needs, Rancho Cucamonga needs to leverage its CDBG entitlement grants with a variety of funding resources in order to maximize the effectiveness of available funds. The City's former Redevelopment Agency was the City's primary non-federal source of leveraged funds. With the elimination of the City's Redevelopment Agency, the City's ability to leverage federal funds has been substantially reduced. Since the initial planning and programming of these resources, the Planning Department has worked closely with other City departments as well as County, State, and Federal partners to identify other available resources authorized through the CARES Act, the Small Business Administration (SBA), and Federal Emergency Management Agency (FEMA) that may be leveraged to maximize the impact of the CDBG and CDBG-CV resources. Federal Resources • Continuum of Care (CoC) Program • HUD Veterans Affairs supportive Housing (HUD-VASH) • Supportive Housing for the Elderly (Section 202) • Supportive Housing for Persons with Disabilities (Section 811) • Housing Opportunities for Persons with AIDS (HOPWA) • Youthbuild • Federal Low-Income Housing Tax Credit Program • Department of Transportation Grants • Department of Energy Grants • Federal Highway Administration • Emergency Solutions Grant • HOME Investment Partnerships • CARES Act • Project Homekey State Resources • State Low-Income Housing Tax Credit Program • Building Equity and Growth in Neighborhoods Program (BEGIN) • CalHome Program • Multifamily Housing Program (MHP) • Housing Related Parks Grant • CalHFA Single and Multi-Family Program • Mental Health Service Act (MHSA) Funding • Prop 47 – Board of State & Community Corrections Page 488 City of Rancho Cucamonga - 30 - 2022 Annual Action Plan • Justice Assistance Grant (JAG) Program • Homeless Emergency Aid Program (HEAP) • Project Roomkey Local Resources • San Bernardino County Homeless Partnership (SBCHP) • Housing Authority of the County of San Bernardino (HACSB) • Southern California Home Financing Authority (SCHFA) Funding • San Bernardino County Continuum of Care Program • General Fund Private Resources • Federal Home Loan Bank Affordable Housing Program (AHP) • Community Reinvestment Act Programs • United Way Funding • Private Contributions HOME Matching Requirements The City does not receive HOME or ESG funds as part of its entitlement allocation. The amount of matching, is therefore, not applicable for the 2022-2023 Action Plan. If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan In December 2011, the California Supreme Court upheld Assembly Bill 1X 26, which barred Redevelopment Agencies from engaging in new business and provided for their windup and dissolution. In the last five years, the elimination of the Redevelopment Agencies has resulted in the loss of a crucial resource for the development and preservation of affordable housing. This was the most significant public policy change impacting affordable housing and residential investment. While there are mechanisms whereby certain affordable housing assets are tied to the former Redevelopment Agencies (Successor Agencies) that may be utilized today, these resources are finite and scarce. As of the execution of this document, there are currently no publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan. As such, any land or property necessary to address the needs in the Consolidated Plan would need to be acquired using HUD grant funds or other resources. Page 489 City of Rancho Cucamonga - 31 - 2022 Annual Action Plan Discussion During July 2022 through June 2023, the City will rely on other public and private funding, including but not limited to: • Low-Income Housing Tax Credits • Project-based Section 8 certificates • Project financing at favorable interest rates from local lenders • Private market real estate investments • Market rate housing that subsidizes affordable units on the same development site to enhance the availability, affordability and sustainability of affordable housing. Along with leveraged dollars, the City expects to spend approximately $1,070,323 of CDBG funds during the 2022-2023 program year on public service, housing preservation and public facility and infrastructure improvement activities that promote a suitable living environment and decent housing. Page 490 City of Rancho Cucamonga - 32 - 2022 Annual Action Plan Annual Goals and Objectives AP-20 Annual Goals and Objectives Goals Summary Information Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 Fair Housing Services 2022 2023 Affordable Housing Citywide Ensure equal access to housing opportunities $20,000 Other: 233 people 2 Public Services 2022 2023 Non-Housing Community Development Citywide Provide public services for low- and moderate-income residents $160,548 Public service activities other than low/mod income housing benefit: 2,514 people Homeless Person Overnight Shelter: 85 persons assisted Homelessness Prevention: 50 persons assisted 3 Affordable Housing Preservation 2022 2023 Affordable Housing Citywide Preserve the supply of affordable housing $330,011 Homeowner housing rehabilitation: 12 housing units 4 Public Facilities and Infrastructure Improvements 2022 2023 Non-Housing Community Development Citywide/CDBG Eligible Areas/Slum & Blight Analysis Improve public facilities and infrastructure Address material barriers to accessibility $365,700 Public facility or infrastructure activity other than low/mod income housing benefit: 17,555 people 5 Program Planning and Administration 2022 2023 Other Citywide All $194,064 Other: 1 Table 7 – Goals Summary Page 491 City of Rancho Cucamonga - 33 - 2022 Annual Action Plan Goal Descriptions 1 Goal Name Fair Housing Services Goal Description Affirmatively further fair housing choice through the provision of fair housing education, counseling, anti-discrimination and landlord-tenant mediation services. 2 Goal Name Public Services Goal Description Provide public services for low- and moderate-income residents including, but not limited to, those concerned with health, fitness, nutrition, education, transportation and recreation for children, youth and families living in Rancho Cucamonga. Additionally, services for special needs populations such as senior services, support for those experiencing homelessness or at risk of becoming homeless, as well as victims of domestic violence. 3 Goal Name Affordable Housing Preservation Goal Description Preserve the quality of existing affordable housing stock occupied by low- and moderate-income households through housing rehabilitation activities. 4 Goal Name Public Facilities and Infrastructure Improvements Goal Description Improve City of Rancho Cucamonga public facilities and infrastructure to benefit low- and moderate-income people or those presumed under HUD regulations to be low- and moderate-income such as elderly people and disabled adults as well as residents of low- and moderate-income housing. This strategy includes the improvement of sidewalks and wheelchair ramps to address materials barriers to accessibility. 5 Goal Name Program Planning and Administration Goal Description CDBG program planning and administration. Page 492 City of Rancho Cucamonga - 34 - 2022 Annual Action Plan AP-35 Projects – 91.220(d) Introduction To address the high priority needs identified in the Strategic Plan to the 2020-2024 Consolidated Plan, the City will invest CDBG funds in projects that provide fair housing services, provide public services to low- and moderate-income residents, preserve affordable housing and improve the City's public facilities and infrastructure. Together, these projects will address the housing, community and economic development needs of Rancho Cucamonga residents-particularly those residents residing in the low- and moderate- income areas. Projects # Project Name 1 Fair Housing Services 2 Public Services 3 Affordable Housing Preservation 4 Public Facilities and Infrastructure Improvements 5 CDBG Administration Table 8 - Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs Based on the Strategic Plan, the City is allocating 67 percent of its CDBG funds (excluding CDBG administration) for program year 2022-2023 projects and activities that benefit low- and moderate-income people. Due to the nature of the projects and activities to be undertaken, investments in projects concerning public services may be limited to the CDBG low- and moderate-income areas while other projects and activities benefit low- and moderate-income limited clientele and are available citywide. During the 2022- 2023 program year, the City will be allocating $290,000 towards the Pecan and Whittram Street Improvement Project which will be addressing the slum and blight national objective. The primary obstacles to meeting the underserved needs of low- and moderate-income people include lack of funding from federal, state and other local sources, the high cost of housing that is not affordable to low- income people and the lack of availability of home improvement financing in the private lending industry. To address these obstacles, the City is investing CDBG funds through the 2022-2023 Action Plan in projects that provide loans to low- and moderate-income homeowners for home improvements, provide public services to low- and moderate-income residents, and improve public facilities and infrastructure. Page 493 City of Rancho Cucamonga - 35 - 2022 Annual Action Plan AP-38 Project Summary Project Summary Information 1 Project Name Fair Housing Services Target Area Citywide Goals Supported Fair Housing Services Needs Addressed Ensure equal access to housing opportunities Funding CDBG: Description Affirmatively further fair housing choice through the provision of fair housing education, counseling, anti-discrimination, and landlord-tenant mediation services. Target Date 6/30/2023 Estimate the number and type of families that will benefit from the proposed activities Approximately 233 people will benefit from this activity Location Description Citywide Planned Activities Inland Fair Housing and Mediation Board: Fair Housing Services (233 people) - $20,000 Page 494 City of Rancho Cucamonga - 36 - 2022 Annual Action Plan 2 Project Name Public Services Target Area Citywide Goals Supported Public Services Needs Addressed Provide public services for low- and moderate-income residents Funding CDBG: $160,548 Description Provide public services for low- and moderate-income residents including senior citizens, families and youth including but not limited to those concerned with food, essential services, transportation, health and domestic violence services. Target Date 6/30/2023 Estimate the number and type of families that will benefit from the proposed activities Approximately 2,649 people will benefit from this activity. Location Description Citywide Planned Activities Foothill Family Center: Housing and Food Security Program (85 people) - $15,000 Inland Valley Hope Partners: Food Security/Family Stabilization Program (224 people) - $12,224 House of Ruth: Domestic Violence Services and Preventions Program (90 people) - $12,224 Family Service Association: Senior Nutrition Program (530 people) - $15,000 Impact Southern California: Homeless Prevention/Rapid Rehousing Program (50 people) - $25,000 Northtown Housing Development Corporation: Senior Food Bank Meal Program (300 people) - $15,500 CMO: Farmer’s Market Partnership (60 people) - $17,000 CMO: Cocinando con Amigos Saludables y Alegres (CASA) or the Cooking with Healthy and Happy Friends Program (150 people) - $12,000 CSD: Jane Penny LINK Program (60 people) - $9,600 CSD: Financial Assistance Program (100 people) - $12,000 PW: Graffiti Removal Program (1,000 people) – $15,000 Page 495 City of Rancho Cucamonga - 37 - 2022 Annual Action Plan 3 Project Name Affordable Housing Preservation Target Area Citywide Goals Supported Affordable Housing Preservation Needs Addressed Preserve the supply of affordable housing Funding CDBG: $330,011 Description The City has an existing Housing Rehabilitation Program geared towards the preservation of the quality of existing affordable housing stock occupied by low- and moderate-income households. Target Date 6/30/2023 Estimate the number and type of families that will benefit from the proposed activities Approximately 12 household housing units will be rehabilitated Location Description Citywide Planned Activities Housing Rehabilitation Program (12 household housing units) - $330,011 Page 496 City of Rancho Cucamonga - 38 - 2022 Annual Action Plan 4 Project Name Public Facilities and Infrastructure Improvements Target Area Citywide, CDBG Eligible Areas, Slum & Blight Analysis Goals Supported Public Facilities and Infrastructure Improvements Needs Addressed Improve public facilities and infrastructure; Address material barriers to accessibility. Funding CDBG: $365,700 Description Improve City of Rancho Cucamonga public facilities and infrastructure to benefit low- and moderate-income people or those presumed under HUD regulations to be low- and moderate-income such as elderly people and disabled adults as well as residents of low- and moderate-income housing. This strategy includes the improvement of sidewalks and wheelchair ramps to address materials barriers to accessibility. Target Date 6/30/2023 Estimate the number and type of families that will benefit from the proposed activities Approximately 17,555 persons will benefit from this activity. Location Description Citywide Planned Activities PW: Sidewalk Grinding and Wheelchair Ramps Project (1,000 people) - $45,700 PW: Pecan and Whittram Street Improvement Project (1,000 people) - $290,000 PW: 21/22 Concrete Rehabilitation Project (15,555 people) - $30,000 Page 497 City of Rancho Cucamonga - 39 - 2022 Annual Action Plan 5 Project Name Program Planning and Administration Target Area Citywide Goals Supported All Needs Addressed All Funding CDBG: $194,064 Description Overall administration of the CDBG program which includes preparation and submission of the Annual Action Plan and the CAPER, IDIS data entry, provision of technical assistance, monitoring of all projects, and overall fiscal management. Target Date 6/30/2023 Estimate the number and type of families that will benefit from the proposed activities Other - 1 Location Description Citywide Planned Activities City of Rancho Cucamonga: CDBG Program Administration - $194,064 Page 498 City of Rancho Cucamonga - 40 - 2022 Annual Action Plan AP-50 Geographic Distribution – 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed During the 2022-2023 program year, assistance will be primarily directed to activities that serve low- and moderate-income residents citywide. During the program year, three (3) public service activities in the Action Plan rely on the established low- and moderate-income area. Those are the CDBG-eligible portions of the Graffiti Removal Program, the Farmer's Market Partnership Program as well as the CASA or Cooking with Healthy and Happy Friends activities. The low- and moderate-income census tract/block groups are shown on the map included in Figure 26 of Section SP-10 of the Consolidated Plan and Appendix B of this Action Plan. According to data from the 2011- 2015 American Community Survey (ACS) provided in HUD's eCon Planning Suite, the City is considered an "exception grantee" with an exception percentage of 37.13. This percentage represents the minimum percentage of low- and moderate-income persons that must reside in the service area of an area benefit activity for the activity to be assisted with CDBG funds. Geographic Distribution Target Area Percentage of Funds Citywide 66% CDBG Eligible Areas 7% Slum & Blight Analysis 27% Table 9 - Geographic Distribution Rationale for the priorities for allocating investments geographically For the 2022-2023 program year, the City will invest $1,070,323 of CDBG funds that will benefit low- and moderate-income people throughout the City. Of this amount, approximately $44,000, or 4.1 percent, of all resources will be invested in public service activities that exclusively benefit residents of the L/M Income Census Tract/Block Groups. Due to the nature of the projects and activities to be undertaken, investments in projects and activities such as CASA, Graffiti Removal and the Farmer's Market are generally limited to the eligible low- and moderate-income areas, while other projects and activities that benefit low- and moderate- income limited clientele are available citywide. During the 2022-2023 program year, the City will allocate $290,000 towards the Pecan and Whittram Street Improvement Project which will address the slum & blight national objective. Page 499 City of Rancho Cucamonga - 41 - 2022 Annual Action Plan Discussion The City is allocating 67 percent of its non-administrative CDBG funds for program year 2022-2023 to projects and activities that benefit low- and moderate-income people throughout the City of Rancho Cucamonga. Page 500 City of Rancho Cucamonga - 42 - 2022 Annual Action Plan Affordable Housing AP-75 Barriers to Affordable Housing Introduction A barrier to affordable housing is a public policy or nongovernmental condition that constrains the development or rehabilitation of affordable housing, such as land use controls, property taxes, state prevailing wage requirements, environmental protection, cost of land and availability of monetary resources. Barriers to affordable housing are distinguished from impediments to fair housing choice in the sense that barriers are lawful and impediments to fair housing choice are usually unlawful. Based on information gathered during community meetings, the Consolidated Plan Survey, the 2013-2021 Housing Element (draft 2021-2029 Housing Element) and market analysis, the primary barriers to affordable housing in Rancho Cucamonga are housing affordability and the lack of monetary resources necessary to develop and sustain affordable housing. The two barriers are related in the sense that demand for affordable housing exceeds the supply and insufficient resources are available to increase the supply of affordable housing to meet demand. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment In the development of the 2013-2021 Housing Element, the City evaluated significant public policies affecting affordable housing development such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges and growth limitations. Based on this evaluation, the City determined that it has taken all necessary steps to ameliorate the negative effects of public policies that may have been a barrier to affordable housing. Moreover, the City is actively engaged with affordable housing developers concerning the siting of affordable housing and ensuring that the entitlement process runs smoothly from inception to completion. Action plans identified in the City’s draft 2021-2029 Housing Element include but are not limited to: • Continue to promote the conservation of mobile home parks through implementation of the Mobile Home Accord (Program HE-7) that serves as a rent stabilization agreement between the City and mobile home park owners, implementation of the Mobile Home Rental Assistance (Program HE-8) that provides a monthly rental subsidy to low-income mobile home households, and through the enforcement of Title 24 as it applies to mobile homes to ensure mobile homes meet applicable building code requirements. • Develop a procedure in 2022 to monitor the development of vacant and nonvacant sites in the sites inventory and ensure that adequate sites are available to meet the remaining RHNA by income category throughout the 6th cycle planning period. • Explore, in 2023, a system that establishes target densities by land use district and an in-lieu fee system that requires developers to pay a fee if the proposed projects fall below the targeted densities. Page 501 City of Rancho Cucamonga - 43 - 2022 Annual Action Plan • Develop incentives and tools to facilitate ADU construction in 2022. Incentives may include: o Fee waivers or reductions beyond State requirement; o Pre-approved site/floor plans; o Website information on resources and technical assistance; o Guidance handbook for property owners looking to construct an ADU. • Provide fee underwriting, fee deferral, public improvements, and/or permit fast-tracking for housing affordable to lower income households, prioritizing projects that include units affordable to extremely low-income households. • Continue to evaluate and improve the permit processing procedures to facilitate residential development. • Continue to study the feasibility of an inclusionary housing ordinance in 2022-2023. • Update the Development Code by the end of 2022 to address the provision of special needs housing. • Update the Development Code by the end of 2022 to incorporate the new density bonus provisions. Key improvements and bonuses included to help increase the development of affordable housing include but are not limited to: • Accessory dwelling units (ADUs) can provide an importance source of affordable housing for persons and families of low and moderate income. An ADU is defined as “an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as a single-family or multi-family dwelling is situated”. The City adopted an updated accessory dwelling unit (ADU) ordinance in 2020 which complies with State requirements. Per the ordinance, ADUs are permitted by-right in any zone in which residential development in permitted and on any parcel with an existing or proposed single or multi-family residence. • A Housing Program has been added to update Development Code Chapter 17.46 to comply with the new State provisions related to affordable housing density bonuses. The City's Affordable Housing Incentives/Density Bonus Provisions assist in the development of affordable housing opportunities in accordance with Government Code § 65915-65918. These provisions allow a density bonus and other regulatory concessions to provide incentives for "the production of housing for very low income, lower income, moderate income, and senior households" to "facilitate the development of affordable housing" within the City. The provisions function by allowing a reduction in development standards in exchange for the development of affordable housing units. Regulatory concessions act as incentives, which can include reduced building setbacks, reduced open space, increased lot coverage, increased maximum building height, reduced on-site parking standards, reduced minimum building separation requirements, or other site or construction conditions applicable to residential development. • To increase transparency and certainty in the development application process as required by law, the City has a variety of tools available for developers. The City’s community Development home page provides links to an online permit center, development fees, the development code, and other development information at https://www.cityofrc.us/community-development. Page 502 City of Rancho Cucamonga - 44 - 2022 Annual Action Plan The following are the City’s goals to reduce government constraints and increase the efficiency in processing for improving and developing housing as defined in draft 2021-2029 Housing Element: • Development Review Process - . Consider new polices, codes, and procedures that have the potential to reduce procedural delays, provide information early in the development process regarding development costs, and charge only those fees necessary to adequately carry out needed public services and improvements. • Fee Schedule - Periodically review and update the City's fee schedule and the methodology on which the fees are based to determine the necessary costs for providing adequate public services and public improvements to ensure the continued health, safety, and welfare of the community. • Development Review Process - Facilitate the development review process for new housing through multiple techniques, including staff assistance, public information, articles in the City's newsletter, informal meetings with applicants, and Preliminary Review applications to address technical issues and facilitate the production of quality housing. • Development Standards - Evaluate and adjust as appropriate residential development standards, regulations, and processing procedures that are determined to constrain housing development, particularly housing opportunities for lower and moderate-income households and for persons with special needs. Discussion To address housing affordability and the lack of monetary resources for affordable housing, the City will continue to leverage its CDBG funds to attract private and other available public resources to incentivize the development of new affordable housing units and the preservation of existing affordable housing. Page 503 City of Rancho Cucamonga - 45 - 2022 Annual Action Plan AP-85 Other Actions – 91.220(k) Introduction In the implementation of the 2022-2023 Annual Action Plan, the City will invest CDBG resources to address obstacles to meeting underserved needs, foster and maintain affordable housing, reduce lead-based paint hazards, reduce the number of poverty-level families, develop institutional structure, and enhance coordination between public and private housing and social service agencies. Actions planned to address obstacles to meeting underserved needs The primary obstacles to meeting the underserved needs of low- and moderate-income people include lack of funding from federal, state and other local sources, and the high cost of housing that is not affordable to low-income people. To address these obstacles, the City is investing CDBG funds through the 2022-2023 Action Plan in projects that provide assistance to low- and moderate-income residents. To address underserved needs, the City is allocating 67 percent of its non-administrative CDBG investments for program year 2022-2023 to projects and activities that benefit low- and moderate-income people or people presumed under HUD regulations to be low- and moderate-income. Actions planned to foster and maintain affordable housing In the implementation of the 2022-2023 Annual Action Plan, the City will invest CDBG funds to preserve and maintain affordable housing through the City's Housing Rehabilitation Program that will provide grants and deferred loans to low- and moderate-income owners of single-family housing. Actions planned to reduce lead-based paint hazards The Residential Lead Based Paint Hazard Reduction Act of 1992 (Title X) emphasizes prevention of childhood lead poisoning through housing-based approaches. To reduce lead-based paint hazards, the City’s Home Improvement Program will conduct lead-based paint testing and risk assessments for each property assisted that was built prior to January 1, 1978 and will incorporate safe work practices or abatement into the scope of work as required to reduce lead-based paint hazards in accordance with 24 CFR Part 35. Actions planned to reduce the number of poverty-level families The implementation of CDBG activities meeting the goals established in the 2020-2024 Consolidated Plan- Strategic Plan and this Annual Action Plan will help to reduce the number of poverty-level families by: • Supporting activities that preserve the supply of decent housing that is affordable to low- and moderate-income households • Supporting a continuum of housing and public service programs to prevent and eliminate homelessness • Supporting public services for low- and moderate-income residents Page 504 City of Rancho Cucamonga - 46 - 2022 Annual Action Plan In addition to these local efforts, mainstream state and federal resources also contribute to reducing the number of individuals and families in poverty. Federal programs such as the Earned Income Tax Credit and Head Start provide a pathway out of poverty for families who are ready to pursue employment and educational opportunities. Additionally, in California, the primary programs that assist families in poverty are CalWORKs, CalFresh (formerly food stamps) and Medi-Cal. Together, these programs provide individuals and families with employment assistance, subsidy for food, medical care, childcare and cash payments to meet basic needs such as housing, nutrition and transportation. Other services are available to assist persons suffering from substance abuse, domestic violence and mental illness. Actions planned to develop institutional structure The institutional delivery system in Rancho Cucamonga is high-functioning and collaborative—particularly the relationship between local government and the non-profit sector comprised of a network of capable non- profit organizations that are delivering a full range of services to residents. Strong City departments anchor the administration of HUD grant programs and the housing, community and economic development activities that are implemented by the City support and enhance this existing institutional structure. The City will collaborate with affordable housing developers and non-profit agencies receiving CDBG funds through the 2022-2023 Annual Action Plan to ensure that the needs of low- and moderate-income residents are met as envisioned within the 2020-2024 Consolidated Plan - Strategic Plan. Actions planned to enhance coordination between public and private housing and social service agencies To enhance coordination between public and private housing and social service agencies, the City will continue consulting with and inviting the participation of a wide variety of agencies and organizations involved in the delivery of housing and supportive services to low- and moderate-income residents in Rancho Cucamonga. With improvements in technology, the City will expand its outreach efforts to enhance coordination with public and private housing and social service agencies through social media platforms such Facebook, Twitter, Instagram, etc. Discussion In the implementation of the 2022-2023 Annual Action Plan, the City will invest CDBG resources to address obstacles to meeting underserved needs, foster and maintain affordable housing, reduce lead-based paint hazards, reduce the number of poverty-level families, develop institutional structure and enhance coordination between public and private social service agencies. Page 505 City of Rancho Cucamonga - 47 - 2022 Annual Action Plan Program Specific Requirements AP-90 Program Specific Requirements – 91.220(l)(1,2,4) Introduction In the implementation of programs and activities under the 2022-2023 Annual Action Plan, the City will follow all HUD regulations concerning the use of program income, forms of investment, overall low- and moderate- income benefit for the CDBG program. Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(l)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed $0 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. $0 3. The amount of surplus funds from urban renewal settlements $0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan $0 5. The amount of income from float-funded activities $0 Total Program Income: $0 Other CDBG Requirements 1. The amount of urgent need activities $0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. The City will meet this requirement over the 2020-2021, 2021-2022 and 2022-2023 CDBG program years. 70% Page 506 Community Development Block Grant (CDBG) Program Draft 2022-2023 Annual Action Plan Public Hearing April 20, 2022 TOPICS •Background •Resources •Action Plan •Recommendation BACKGROUND CDBG BACKGROUND The Community Development Block Grant (CDBG)Program is administered by the U.S. Department of Housing and Urban Development (HUD). HUD provides the annual grant on a formula basis to cities like Rancho Cucamonga to carry out eligible housing,community and economic development activities. BACKGROUND 2020-2024 Consolidated Plan 2020-2021 Action Plan 2021-2022 Action Plan 2022-2023 Action Plan 2023-2024 Action Plan 2024-2025 Action Plan 2020-2024 Consolidated Plan Fair Housing Services Public Services Affordable Housing Preservation Public Facilities and Infrastructure Improvements RESOURCES CDBG RESOURCES CDBG Grant $1,070,323* Fair Housing Services ($20,000) Public Services ($160,548) Affordable Housing Preservation ($330,011) Public Facilities and Infrastructure Improvements ($365,700) * Anticipated amount. HUD has not yet released the City’s 2022-2023 annual CDBG allocation. Amount also includes $194,064 for administration. ACTION PLAN PROPOSED USES OF CDBG FUNDS ACTION PLAN OVERVIEW Administration Public Services Capital Improvements Administration Public Services Capital Improvements CDBG PUBLIC SERVICE NOFA NOFA & Outreach •Written public notice •Direct emails to non-profit organizations •Applicant technical assistance Applications Received •Received 18 applications •12 Public Service •2 Administration (includes Fair Housing, mandatory) •4 Capital Eligibility Review •City staff review •Reviewed based on eligibility, need, organizational capacity, funding amount requested and proposed accomplishments PROPOSED CDBG ACTIVITIES $214,064Administration •City of Rancho Cucamonga: CDBG Program Administration ($194,064) •Inland Fair Housing and Mediation Board: Fair Housing Services ($20,000) –233 people $160,548Public Services •City of Rancho Cucamonga: Farmer’s Market Partnership ($17,000) –60 people •City of Rancho Cucamonga: CASA ($12,000) –150 people •City of Rancho Cucamonga: Jane Penny LINK Program ($9,600) –60 people •City of Rancho Cucamonga: Financial Assistance Program ($12,000) –100 people •City of Rancho Cucamonga: Graffiti Removal Program ($15,000) –1,000 people •Impact Southern California: Homeless Prevention/Rapid Rehousing Program ($25,000) –50 people •House of Ruth: Domestic Violence Services and Prevention ($12,224) –90 people •Family Service Association: Senior Nutrition Program ($15,000) –530 people •Foothill Family Shelter: Housing and Food Security Program ($15,000) –85 people •Inland Valley Hope Partners: Food Security/Family Stabilization ($12,224) –224 people •Northtown Housing Development Corporation: Senior Food Bank Meal Program ($15,500) –300 people $695,711Capital Improvements •City of Rancho Cucamonga: Housing Rehabilitation Program ($330,011) –12 household housing units •City of Rancho Cucamonga: Sidewalk Grinding & Wheelchair Ramps ($45,700) –1,000 people •City of Rancho Cucamonga: Pecan & Whittram Street Improvement Project ($290,000) –1,000 people •City of Rancho Cucamonga: 2021/2022 Concrete Rehabilitation Project ($30,000) –15,555 people RECOMMENDATION NEXT STEPS RECOMMENDATION Conduct a public hearing to receive comments on the draft 2022-2023 Action Plan for the use of CDBG funds Approve the 2022-2023 Action Plan and authorize the submittal of the plan and any necessary documents to HUD Submit approved Action Plan to HUD before May 13,2022, deadline Authorize the appropriation of funds for the 2022-2023 CDBG Program