HomeMy WebLinkAbout2022/10/04- Adjourned Regular Agenda PacketCITY OF RANCHO CUCAMONGA
L. Dor
ennis Michael ADJOURNED REGULAR MEETING
Mayor Pro Tem AGENDA
Lynne B. Kennedy October 4, 2022
Members of the City rievzo,
Council: 10500 Civic Center Drive
Ryan A. Hutchison Rancho Cucamonga, CA 91730
Kristine D. Scott g
FIRE PROTECTION DISTRICT BOARD — CITY COUNCIL
HOUSING SUCCESSOR AGENCY- SUCCESSOR AGENCY— PUBLIC
FINANCE AUTHORITY
CLOSED SESSION TAPIA CONFERENCE ROOM 4:30 P.M.
ADJOURNED REGULAR COUNCIL CHAMBERS 7:00 P.M.
MEETINGS
[i].MWp The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in the
Ta}.
Council Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00
�: + 3'
i# ;i p.m. unless extended by the concurrence of the City Council. Agendas, minutes, and recordings of
FEW meetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 909-774-2023. Live
Broadcast available on Channel 3 (RCTV-3).
CLOSED SESSION — 4:30 P.M.
TAPIA CONFERENCE ROOM
ROLL CALL: Mayor Michael
Mayor Pro Tern Kennedy
Council Members Hutchison and Scott
A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)
C. CITY MANAGER ANNOUNCEMENTS
CITY COUNCIL VISION STATEMENT
"Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant Page 1
city, rich in opportunity for all to thrive. "
D. CONDUCT OF CLOSED SESSION
D1. 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.: PENDING. (CITY)
D2. 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)
D3. 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.
BTC III RANCHO CUCAMONGA LOGISTICS CENTER LP, A DELAWARE LIMITED LIABILITY
COMPANY, SBSC CASE NO.: CIVSB2201955. (CITY)
D4. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO PARAGRAPH(1)
OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE'S INC. V. CITY OF RANCHO
CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA, CASE
NO. 5:20CV02506JGBSP (CITY)
D5. CONFERENCE WITH 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 RIGHTOFWAY 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)
D6. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION PURSUANT TO PARAGRAPH
(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO
CUCAMONGA V. DR LANDMARK, INC.; POWER MEDIC TECHNOLOGIES, INC.; HOFER
PROPERTIES, LLC; AND DOES 1 THROUGH 5 INCLUSIVE, SBSC CASE NO.: CIVDS 1904713 -
(CITY)
D7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY IDENTIFIED AS PARCEL NUMBERS 0227-121-56-0000 COMMONLY
KNOWN AS ADDRESS 7089 ETIWANDA AVENUE, RANCHO CUCAMONGA, CA 91730;
NEGOTIATING PARTIES MATT BURRIS, DEPUTY CITY MANAGER ECONOMIC AND COMMUNITY
DEVELOPMENT, REPRESENTING THE CITY OF RANCHO CUCAMONGA, RAYMOND WOLFE,
EXECUTIVE DIRECTOR, REPRESENTING SAN BERNARDINO COUNTY TRANSPORTATION
AUTHORITY (SBCTA), REGARDING PRICE AND TERMS. - CITY
D8. 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.
TOVEY/SHULTZ, INC., ET AL., SAN BERNARDINO SUPERIOR COURT, CASE NO. CIVSB 2127516
(CITY)
CITY COUNCIL VISION STATEMENT
"Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant Page 2
city, rich in opportunity for all to thrive. "
D9. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO PARAGRAPH (1)
OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9; Inland Real Estate Group, LLC
et al. v. City of Rancho Cucamonga, U.S. District Court for the Central District of California, Case No.
5:21 cv01656SBKK. (CITY)
D10. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PER GOVERNMENT CODE SECTION 54957
(TITLE: CITY MANAGER)
E. RECESS — Closed Session to Recess to the Adjourned Regular City Council Meeting at 7:00 P.M. in the
Council Chambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.
CITY COUNCIL VISION STATEMENT
"Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant Page 3
city, rich in opportunity for all to thrive. "
ADJOURNED REGULAR MEETINGS— 7:00 P.M.
COUNCIL CHAMBERS
PLEDGE OF ALLEGIANCE
ROLL CALL: Mayor Michael
Mayor Pro Tern Kennedy
Council Members Hutchison and Scott
A. AMENDMENTS TO THE AGENDA
B. ANNOUNCEMENT / PRESENTATIONS
B1. Presentation of a Certificate of Sympathy in Memory of Bob Dutton, Longtime Public Servant: Former ___
Rancho Cucamonga City Council Member and California Senator who Served as the County
Assessor, Recorder and Clerk.
B2. Presentation of Government Finance Officers Association (GFOA) Certificate of Achievement for ---
Excellence in Financial Reporting.
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.
CITY COUNCIL VISION STATEMENT
"Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant Page 4
city, rich in opportunity for all to thrive. "
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.
1X91910694►klKey_1>!40117_1N
D1. Consideration of Meeting Minutes for the Regular Meetings of: June 1, 2022, June 15, 2022, 8
July 20, 2022, August 3, 2022, August 17, 2022 and Special Meetings of: August 23, 2022.
D2. Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of 45
$2,106,637.34 and City and Fire District Weekly Check Registers (No Checks Issued to
Southern California Gas Company) in the Total Amount of $8,025,757.39 Dated September 12,
2022, Through September 25, 2022, and City and Fire District Electronic Debit Registers for
the Month of August in the Total Amount of $6,096,689.95. (CITY/FIRE)
D3. AB 361 Findings for Special Brown Act Requirements for Teleconference. (CITY/FIRE) 53
D4. Consideration of the Purchase of Fertilizer and Pesticides on an as Needed Basis from Nutrien 55
Ag Solutions and Wilbur -Ellis Co. in an Amount Not to Exceed $138,200. (CITY)
D5. Consideration to Accept as Complete, File the Notice of Completion and Authorize Release of 57
Retention and Bonds for the Rochester Avenue Pavement Rehabilitation Project. (CITY)
D6. Consideration of an Award to Southern California Sound Image, Inc. and Authorization of a 60
Budget Transfer in the Amount of $115,770 for the Purchase of a Theatrical Public Address
(PA) System for the Lewis Family Playhouse. (CITY)
D7. Consideration of a Professional Services Agreement with Lisa Wise Consulting, Inc. for the 62
Development of an Economic Development Strategic Pan for a Total Not to Exceed $82,500.
(CITY)
D8. Consideration of a Resolution Approving the Property Tax Exchange Related to LAFCO 3256 65
Resulting from Annexation to the City. (RESOLUTION NO. 2022-128) (CITY)
E. CONSENT CALENDAR ORDINANCE(S) - SECOND READING/ADOPTION
CITY COUNCIL VISION STATEMENT
"Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant Page 5
city, rich in opportunity for all to thrive. "
F. ADMINISTRATIVE HEARING ITEM(S)
70
F1. Consideration of a: 1) Disposition and Development Agreement with DesertExpress Enterprises, LLC
(dba Brightline West) and the San Bernardino County Transportation Authority (SBCTA) for a Portion
of Property Located at the Northwest Corner of Milliken Avenue and Azusa Court, Including
Easements Across Portions of Right -Of -Way on 8th Street, Milliken Avenue, and the Cucamonga
Station Property, for the Development of a Station and Track as Part of a High Speed Rail System
with an Origin/Terminus Between Las Vegas Nevada and the Cucamonga Station in Rancho
Cucamonga (CITY); 2) Amendment No. 2 to Cooperative Agreement No. 94-001 by and between the
San Bernardino County Transportation Authority (SBCTA) and the City of Rancho Cucamonga with
regard to the management of jointly owned property at Cucamonga Station, all of which is located in
the Haven -Arrow -Rochester -Transit (HART) District in the City of Rancho Cucamonga. (CITY)
G. ADVERTISED PUBLIC HEARINGS ITEM(S) - CITY/FIRE DISTRICT
G1. Consideration of Biennial Review of Conflict of Interest Code and a Resolution Adopting By Reference 281
the Standard Conflict of Interest Provisions of California Code of Regulations Title 2, Section 18730
and Approving an Amended Conflict of Interest Code, Appendix I and 11, to Account for the Addition,
Deletion and Modification of Positions Listed as "Designated Positions" and Including Disclosure
Categories for Designated Consultants. (RESOLUTION NO. 2022-127) (CITY)
H. CITY MANAGER'S STAFF REPORT(S)
H1. Consideration of First Reading of Ordinance No. 1010, Entitled "An Ordinance of the City of Rancho 291
Cucamonga, California, Adding Section 10.60.060 to the Rancho Cucamonga Municipal Code to
Establish Procedures for the Designation of On -Street Accessible Parking Zones" to be Read by Title
Only and Waive Further Reading and Approval of the Guidelines for Installation On -Street Accessible
Parking Zones. (ORDINANCE NO. 1010) (CITY)
H2. Consideration of First Reading and Introduction of Ordinance No. 1011, to be Read by Title Only and 303
Waive Further Reading, Adopting the 2022 Edition of the California Building (model) Codes and the
2021 Edition of the International Building Codes and a Request to Set a Date for a Public Hearing for
the Proposed Ordinance. (ORDINANCE NO. 1011) (CITY)
H3. Consideration of First Reading of Ordinance No. FD-58, to be Read by Title Only and Waive Further 322
Reading, An Ordinance of the Board of Directors of the Rancho Cucamonga Fire Protection District
Adopting by Reference the 2022 California Fire Code, With Errata, Together With Certain Changes,
Modifications, Amendments, Additions, Deletions, and Exceptions; Providing for the Issuance of
Permits and Collection of Fees; and Repealing Conflicting Ordinances. (ORDINANCE NO. FD-58)
(FIRE)
CITY COUNCIL VISION STATEMENT
"Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant Page 6
city, rich in opportunity for all to thrive. "
I. COUNCIL BUSINESS
11. COUNCIL ANNOUNCEMENTS
(Comments to be limited to three minutes per Council Member.)
12. INTERAGENCY UPDATES ---
(Update by the City Council to the community on the meetings that were attended.)
J. CITY ATTORNEY ITEMS
K. IDENTIFICATION OF ITEMS FOR NEXT MEETING
L. ADJOURNMENT
Adjournment in Memory of in Memory of Bob Dutton, Longtime Public Servant. ---
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 Seventvtwo (72) hours
pprior 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) 477-2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable
arrangements to ensure accessibility. Listening devices are available for the hearing impaired.
CITY COUNCIL VISION STATEMENT
"Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant Page 7
city, rich in opportunity for all to thrive."
June 1, 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, June 1, 2022, in the
Tri-Communities Conference Room at the Civic Center, 10500 Civic Center Drive, Rancho Cucamonga,
California. Mayor Michael called the meeting to order at 5:00 p.m.
Present were Council Members: Ryan Hutchison, Kristine Scott, Mayor Pro Tern 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) AND
TEAMSTERS LOCAL 1932. — (CITY)
D2. 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)
D3. 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)
D4. 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)
D5. 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. BCORE IE WEST OWNER LLC, SBSC CASE NO.: CIVSB2201966. (CITY)
D6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR REAL PROPERTY IDENTIFIED AS 8920 8TH STREET, RANCHO CUCAMONGA;
CITY NEGOTIATING PARTIES: JOHN GILLISON, CITY MANAGER; ELISA COX, ASSISTANT CITY
MANAGER AND FLAVIO NUNEZ, MANAGEMENT ANALYST; NEGOTIATING PARTIES: JULIAN F.
*DRAFT*
June 1, 2022 1 Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga I Page 1 of 8 Page 8
TORKAN, MADISON CAPITAL GROUP, INC.; UNDER NEGOTIATION: PRICE AND TERMS OF
PAYMENT. — (CITY)
D7. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO
PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE'S INC. V.
CITY OF RANCHO CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF
CALIFORNIA, CASE NO. 5:20CV02506JGBSP — (CITY)
D8. 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 RIGHTOFWAY 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)
E. RECESS
The closed session recessed at 6:50 p.m.
REGULAR MEETING - 7:00 p.m.
CALL TO ORDER - COUNCIL CHAMBERS
The regular meetings of the Rancho Cucamonga Fire Protection District, Housing Successor Agency, Successor
Agency, Public Finance Authority, and the City of Rancho Cucamonga City Council were held on June 1, 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, Mayor Pro Tern 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 Tern Kennedy led the Pledge of Allegiance
A. AMENDMENTS TO THE AGENDA
None.
B. ANNOUNCEMENTS/PRESENTATIONS
B1. Presentation of a Certificate of Sympathy in Memory of Retired California Fourth District Appellate Court
Justice and Former Rancho Cucamonga City Council Member, Jeffrey King.
Mayor Michael and Members of the City Council presented a Certificate of Sympathy to the King family in memory
of Retired California Fourth District Appellate Court Justice and former Rancho Cucamonga City Council Member,
Jeffrey King.
C. PUBLIC COMMUNICATIONS
Frank Atry, spoke on his public communications period, and the vacancy on the City Council and contributions.
City Attorney Ghirelli noted that Mr. Atry was provided with his full five minutes to speak at a previous City Council
meeting.
*DRAFT*
June 1, 2022 1 Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga I Page 2 of 8 Page 9
Jim Kulbacki, spoke in opposition to the proposed removal of crosswalk on Hermosa Ave. due to safety concerns
and submitted a petition.
Janet Walton, offered a prayer.
Margo Pollard, spoke on safety concerns at Hermosa intersections.
Marcus Andrews, spoke on behalf of Teamsters, encouraged the city to recognize its employees and asked for
essential workers' pay for employees.
Steve Cadena, Teamsters Local 1932, spoke on establishing relationships with the City, giving back to the
community and on pay increases and wages.
Juan Flores, representing Teamsters, spoke in support of employees and the services they provide to the city.
Meghan Svododa, spoke in opposition of removing crosswalk on Hermosa Ave. and requested a study be done.
Cindy George, spoke on crosswalk by Deer Canyon, requested flashing lights or a stop sign and hopes Council
takes in all comments.
Jennifer Thomas, expressed concerns and opposed the removal of the crosswalk on Hermosa Ave. due to safety
concerns and asked for better solution.
Charles Gilland, spoke in opposition on the removal of the Hermosa crosswalk due to safety concerns.
Robert Bandholtz, spoke on the signage posted for the crosswalk removal notification on Hermosa, inquired if
Council has gone out to see it, noted that he does not feel represented in District 1 and requested Council come out
and see the crosswalk.
Crystal Ketchup, spoke about her Operation Restore Plan to help abolish homelessness; requested assistance from
the city on looking over the plan and addressing homelessness.
Sabine McKeown, spoke on crosswalk removal concerns and liability for the city.
City Manager Gillison noted that the city will be bringing in an outside traffic engineer to get a second opinion and
reevaluate the site. There will also be an opportunity to do traffic counts when school begins in August. The traffic
engineer will make recommendations and staff will return with the recommendations and work with the community.
Mr. Gillison clarified that the crosswalk will remain for the time being and staff will return with the recommendations
from the outside traffic engineer.
City Attorney Ghirelli noted that the City Engineer is trying to do what is best to keep our intersections safest.
City Manager Gillison noted that although there is a current vacancy in District 1, the Mayor represents the whole
city and resides in District 1 and any concerns can be directed to the Mayor and any other Council Member.
D. CONSENT CALENDAR
Council Member Scott announced that she will need to abstain on item D2, due to a potential conflict of interest as
her employer is Southern California Gas Company.
D1. Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of $1,853,188.14
and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California
Gas Company) in the Total Amount of $6,637,278.83 Dated May 11, 2022 Through May 23, 2022.
(CITY/FIRE)
*DRAFT*
June 1, 2022 1 Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga I Page 3 of 8 Page 10
D2. Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern
California Gas Company in the Total Amount of $1,232.20 Dated May 11, 2022, Through May 23,
2022 (CITY). No Checks issued to Southern California Gas for the Fire District. (CITY/FIRE)
D3. Consideration to Receive and File Current Investment Schedules as of April 30, 2022 for the City of
Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE)
D4. AB 361 Findings for Special Brown Act Requirements for Teleconference. (CITY/FIRE)
D5. Consideration to Receive and File the AB 1600 Development Impact Fee Report for the Fiscal Year
Ended June 30, 2021. (CITY)
D6. Consideration of the Purchase of One (1) Super Cab XL with Rear Seat Deleted, Utility Bed Truck in
the Amount of $61,420.40. (CITY)
D7. Consideration of a Professional Services Agreement with Able Building Maintenance for Window
Cleaning Services in the amount of $96,000. (CITY/FIRE)
D8. Consideration of Amendment No. 1 to the Cooperative Agreement (SBCTA Cooperative Agreement
No. 20-1002316; City Contract No. CO2020-135) with the San Bernardino County Transportation
Authority for Design and Construction of the 6th Street Cycle Track Project. (CITY)
D9. Consideration of Amendment No. 05 to the Agreement with Pacific Utility Installation, Inc. (CO19-085)
in the Amount of $4,352,485, plus a 15% Contingency for the Etiwanda Avenue and Sixth Street -
Electric and Fiber Line Extension Project and Authorization of an Appropriation in the Amount of
$4,694,400. (CITY)
D10. Consideration of Amendment No. 6 to the Professional Services Agreement with Commercial Cleaning
Systems (CO 17-141) for Citywide Janitorial Services in an Amount Not to Exceed $1,150,000 FY
2022/2023. (CITY)
D11. Consideration of Amendment No. 8 to Contract CO 16-114 with EMCOR Services/Mesa Energy
Systems for Citywide HVAC Maintenance and Repair Services in an Amount Not to Exceed $502,296
(City) and $77,770 (Fire). (CITY/FIRE)
D12. Consideration to Adopt a Resolution Declaring Results of a Special Election in Community Facilities
District No. 85-1, Annexation No. 22-1, and Ordering the Annexation of Such Property Located at 7878
East Avenue in Community Facilities District No. 85-1 (APN: 1100-191-04). (RESOLUTION NO. FD
2022-013) (FIRE)
D13. Consideration of Resolution Approving the Annual Local Responsibility Area Wildland Protection
Agreement with the California Department of Forestry and Fire in the Amount of $181,970 for FY
2022-23. (RESOLUTION NO. FD 2022-012) (FIRE)
D14. Consideration to Approve Tract Map 20334, Improvement Agreement, and Improvement Securities,
and Resolutions Ordering the Annexation into Landscape Maintenance District No.7, and into Street
Light Maintenance District No.1 and No.7, Located on the East Side of East Avenue and South of
Banyan Street at 6179 East Avenue, Related to Case No's. SUBTT20334 and DRC2020-00139.
(RESOLUTION NO. 2022-057), (RESOLUTION NO. 2022-058), AND (RESOLUTION NO. 2022-059)
(CITY)
D15. Consideration to Adopt a Resolution Approving a Determination of Public Convenience or Necessity
(DRC2022-00035): Located at 12730 Foothill Boulevard — Public Convenience or Necessity
DRC2022-00035 — L'Auberge Bakery and Market - A Request for a Public Convenience or Necessity
(PCN) Determination for Alcoholic Beverage Sales for Off -Site Consumption (Type-20 Off -Sale Beer
and Wine) for a 5,543 Square Foot International Bakery and Market Located in the Community
Commercial (CC) District and the Foothill Boulevard Overlay District of the Foothill Boulevard Specific
*DRAFT*
June 1, 2022 1 Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga I Page 4 of 8 Page 11
Plan — APN: 1090-601-18. This Project is Categorically Exempt from the Requirements of the
California Environmental Quality Act (CEQA) Pursuant to State CEQA Guidelines Section 15301
(Class 1 Exemption — Existing Facilities). (RESOLUTION NO. 2022-056) (CITY)
D16. Consideration of a Resolution Approving Master Agreement No. 08-542OS21 for Administration of
State Grant Funding and Program Supplement Agreement No. 00000OZ67 for Administration of State
Highway Safety Improvement Program Grant Funds for the 2022 HSIP Traffic Signal Modifications at
Various Locations Project with the California Department of Transportation and Authorizing the City
Manager or Designee, to Approve and Execute Project Related Documents and Future Program
Supplement Agreements. (RESOLUTION NO. 2022-060) (CITY)
MOTION: Moved by Council Member Hutchison, seconded by Mayor Pro Tern Kennedy, to approve Consent
Calendar Items D1 through D16, with Council Member Scott abstaining on item D2, due to her employment with
Southern California Gas Company. Motion carried, 4-0.
E. CONSENT CALENDAR ORDINANCE(S) - SECOND READING/ADOPTION
Item E1 and E2 were taken concurrently
E1. Consideration of Second Reading and Adoption of the Following:
ORDINANCE NO. 1000
AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A
MUNICIPAL CODE AMENDMENT ADOPTING A COMPREHENSIVE UPDATE TO THE DEVELOPMENT
CODE, ADOPTING AN ADDENDUM TO THE GENERAL PLAN PROGRAM ENVIRONMENTAL IMPACT
REPORT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND MAKING
FINDINGS IN SUPPORT THEREOF;
ORDINANCE NO. 1001
AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A
REVISED OFFICIAL ZONING MAP, AND MAKING FINDINGS PURSUANT TO CEQA;
ORDINANCE NO. 1002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,
REPEALING THE ETIWANDA NORTH SPECIFIC PLAN, ETIWANDA SPECIFIC PLAN, ETIWANDA
HIGHLANDS PLANNED COMMUNITY, TERRA VISTA PLANNED COMMUNITY AND VICTORIA
PLANNED COMMUNITY AND AMENDING THE EMPIRE LAKES SPECIFIC PLAN TO AMEND THE
BOUNDARIES OF THE PLAN AND RENAME THE PLAN TO THE RESORT SPECIFIC PLAN, AND
MAKING FINDINGS PURSUANT TO CEQA. (CITY)
E2. Consideration of Second Reading and Adoption of the Following:
ORDINANCE NO. 1003
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,
AMENDING SECTION 2.16.030 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO
SALARIES FOR MAYOR AND MEMBERS OF THE CITY COUNCIL
MOTION: Moved by Council Member Scott, seconded by Council Member Hutchison, to waive full reading
and adopt Ordinance Nos. 1000,1001,1002 and 1003 by title only.
Linda Troyan, MMC, City Clerk Services Director, read the titles of Ordinance Nos. 1000, 1001, 1002 and
1003 by title only.
VOTES NOW CAST ON MOTION: Moved by Council Member Scott, seconded by Council Member
Hutchison, to waive full reading and adopt Ordinance Nos. 1000, 1001, 1002 and 1003 by title only. Motion
carried, 4-0.
F. ADMINISTRATIVE HEARING ITEM(S)
None.
*DRAFT*
June 1, 2022 1 Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga I Page 5 of 8 Page 12
G. ADVERTISED PUBLIC HEARING ITEM(S) - CITY/FIRE DISTRICT
G1. Consideration of Resolutions for the Formation of Community Facilities District No. 2022-01 and
Community Facilities District No. 2022-02 as follows: (1) Resolutions for the Formation of Each; (2)
Resolutions for Future Annexation of Territory for Each; (3) Resolutions to Conduct an Election of the
Qualified Voters for Each; (4) Resolutions Declaring the Results of the Election for Each; and (5) Introduce
Ordinances to Levy a Special Tax for Each. (RESOLUTIONS NOS. 2022-061, 2022-062, 2022-063,
2022-064, 2022-065, 2022-066, 2022-067 AND 2022-068) (ORDINANCE NOS. 1005 AND 1006) (CITY)
City Manager Gillison introduced Noah Daniels, Finance Director and Mrunal Mehta Shah from Best, Best and
Krieger, who provided a PowerPoint presentation.
Mayor Michael opened the Public Hearing for the formation of Community Facilities District No. 2022-01 and
future annexation.
City Clerk Services Director Troyan announced that the County of San Bernardino Registrar of Voters has certified
that there are no registered voters within Community Facilities District No. 2022-01.
There were no public communications received.
City Clerk Services Director Troyan announced that no written protests were received.
Mayor Michael closed the Public Hearing.
Mayor Michael opened the Public Hearing for the formation of Community Facilities District No. 2022-02 and
future annexation.
Mayor Michael inquired if there are any registered voters within the proposed boundaries of Community Facilities
District No. 2022-02.
City Clerk Services Director Troyan announced that the County of San Bernardino Registrar of Voters has certified
that there are no registered voters within Community Facilities District No. 2022-02.
There were no public communications received.
City Clerk Services Director Troyan announced that no written protests were received.
Mayor Michael closed the Public Hearing.
MOTION: Moved by Council Member Hutchison, seconded by Mayor Pro Tern Kennedy, to adopt Resolution
Nos. 2022-061, 2022-062, Forming and Establishing Community Facilities District Nos. 2022-01 and 2022-02,
Resolution Nos. 2022-065 and 2022-066, Calling for a Special Election for Community Facilities District Nos.
2022-01 and 2022-02. Motion carried 4-0.
MOTION: Moved by Council Member Hutchison, seconded by Mayor Pro Tern Kennedy, Authorizing Annexation
of Territory in the Future into Community Facilities District Nos. 2022-01 and 2022-02. Motion carried 4-0.
City Clerk Services Director Troyan conducted the election for Community Facilities District No. 2022-01 and
announced the results: 1 ballot was received with a total of 90 votes cast; all 90 votes are in support of the
Propositions; therefore, Propositions A and B are approved.
City Clerk Services Director Troyan conducted the election for Community Facilities District No. 2022-02 and
announced the results: 1 Ballot was received with a total of 90 votes cast; all 90 votes are in support of the
propositions; therefore, Propositions A and B are approved.
MOTION: Moved by Council Member Hutchison, seconded by Council Member Scott, to adopt Resolution Nos.
2022-067 and 2022-068, declaring the results of the Special Election for Community Facilities District Nos. 2022-
01 and 2022-02. Motion carried 4-0.
*DRAFT*
June 1, 2022 1 Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga I Page 6 of 8 Page 13
MOTION: Moved by Council Member Hutchison, seconded by Council Member Scott, to introduce First Reading
of Ordinance No. 1005 and 1006, by title only and waive further readings.
Linda Troyan, MMC, City Clerk Services Director, read the title of Ordinance Nos. 1005 and 1006, by title only.
ORDINANCE NO. 1005
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING
AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2022-01 (STREET LIGHTING
SERVICES) OF THE CITY OF RANCHO CUCAMONGA, AUTHORIZING THE LEVY OF A SPECIAL TAX IN
SUCH COMMUNITY FACILITIES DISTRICT
ORDINANCE NO. 1006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING
AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2022-02 (INDUSTRIAL AREA
SERVICES) OF THE CITY OF RANCHO CUCAMONGA, AUTHORIZING THE LEVY OF A SPECIAL TAX IN
SUCH COMMUNITY FACILITIES DISTRICT
VOTES NOW CAST ON MOTION: Moved by Council Member Hutchison, seconded by Council Member Scott,
to introduce First Reading of Ordinance No. 1005 and 1006, by title only and waive further readings. Motion
carried 4-0.
G2. Discussion, Consideration and Possible Action to Introduce, Waive Reading of and Adopt by a Four- fifths
Vote, an Interim Urgency Ordinance Extending until June 30, 2022, an Interim Ordinance Adopting an
Interim Development Code and Official City of Rancho Cucamonga Zoning Map, and Declaring the
Urgency Thereof, and Approving an Addendum to a Certified Final Environmental Impact Report and
Adopting Findings Pursuant to the California Environmental Quality Act (CEQA) in Connection Therewith.
(URGENCY INTERIM ORDINANCE NO. 1004) (CITY)
City Manager Gillison introduced Mike Smith, Principal Planner, who gave the staff report.
Mayor Michael opened the Public Hearing.
There were no public communications.
Mayor Michael closed the Public Hearing.
MOTION: Moved by Council Member Hutchison, seconded by Council Member Scott, to adopt Urgency Interim
Ordinance No. 1004, by title only and waive further reading.
Linda Troyan, MMC, City Clerk Services Director, read the title of Ordinance No. 1004, by title only
ORDINANCE NO.1004:
AN INTERIM URGENCY ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA PURSUANT TO GOVERNMENT CODE SECTION 65858 EXTENDING THROUGH JUNE 30,
2022, AN EXISTING INTERIM URGENCY ZONING ORDINANCE ADOPTING AN INTERIM DEVELOPMENT
CODE AND INTERIM OFFICIAL CITY OF RANCHO CUCAMONGA ZONING MAP, DECLARING THE URGENCY
THEREOF, AND DETERMINING NO FURTHER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
REVIEW IS REQUIRED
VOTES NOW CAST ON MOTION: Moved by Council Member Hutchison, seconded by Council Member Scott,
to adopt Urgency Interim Ordinance No. 1004, by title only and waive further readings. Motion carried 4-0.
H. CITY MANAGERS STAFF REPORT(S)
None.
*DRAFT*
June 1, 2022 1 Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga I Page 7 of 8 Page 14
I. COUNCIL BUSINESS
11. Discussion of Options for the City Council District 1 Vacancy. (CITY)
City Manager Gillison gave the staff report for item 11.
MOTION: Moved by Mayor Pro Tern Kennedy, seconded by Council Member Scott, to move forward with no
appointment to District 1 vacancy and fill vacancy through a Special Election on November 8, 2022 and direct the
City Clerk to return with the appropriate resolution along with the other required resolutions for the November 8,
2022 election at the next City Council meeting. Motion carried 4-0.
12. Review and Possible Action on City Council Appointments to Standing Subcommittees and Other Regional
Agencies due to District 1 Vacancy, including the Community Services Subcommittee, Technology &
Communications Subcommittee, Community Parks and Landscape Citizen's Oversight Committee, and
Omnitrans. (CITY)
City Manager Gillison gave the staff report for item 12.
City Council conducted review of appointments due to District 1 vacancy
City Manager Gillison noted that we can have one City Council member on the standing Subcommittees:
Community Services Subcommittee, Technology & Communications Subcommittee and Community Parks and
Landscape Citizen's Oversight Committee.
MOTION: Moved by Council Member Hutchison, seconded by Mayor Michael, to appoint Mayor Pro Tern
Kennedy as delegate and Council Member Scott as alternate to Omnitrans. Motion carried 4-0.
13. COUNCIL ANNOUNCEMENTS
None.
14. INTER -AGENCY UPDATES
Mayor Michael reported on his attendance at a San Bernardino County Transportation Authority meeting, noting
that Cal Transportation contributed 80 million dollars for 1-10 express lanes and asked the federal government for
the remainder of funds.
J. CITY ATTORNEY ITEMS
City Attorney Ghirelli reported on Closed Session item number D3 - Pending Litigation. City Council gave direction
to the City Manager to settle litigation through the execution of a Purchase and Sale Agreement.
K. IDENTIFICATION OF ITEMS FOR NEXT MEETING
None.
L. ADJOURNMENT
The City Council adjourned in Memory of Former Retired California Fourth District Appellate Court Justice and
Former Rancho Cucamonga City Council Member, Jeffrey King.
Mayor Michael adjourned the Council Meeting at 8:25 p.m.
Approved:
Respectfully submitted,
Linda A. Troyan, MMC
City Clerk Services Director
*DRAFT*
June 1, 2022 1 Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga I Page 8 of 8 Page 15
June 15, 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, June 15, 2022, in the
Tri-Communities Conference Room at the Civic Center, 10500 Civic Center Drive, Rancho Cucamonga,
California. Mayor Michael called the meeting to order at 5:00 p.m.
Present were Council Members: Ryan Hutchison, Kristine Scott, Mayor Pro Tern 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 NEGOTIATORS ROBERT NEIUBER, HUMAN RESOURCES
DIRECTOR AND JENIFER PHILLIPS, HUMAN RESOURCES DEPUTY DIRECTOR, PER
GOVERNMENT CODE SECTION 54957.6 REGARDING LABOR NEGOTIATIONS WITH
TEAMSTERS LOCAL 1932. — (CITY)
D2. 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. BCORE IE WEST OWNER LLC, SBSC CASE NO.: CIVSB2201966. (CITY)
D3. 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 RIGHTOFWAY 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)
D4. 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. SCG/DP ETIWANDA LLC, SBSC CASE NO.: CIVSB2201956. (CITY)
E. RECESS
The closed session recessed at 6:49 p.m.
*DRAFT*
June 15, 2022 1 Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga I Page 1 of 9
Page 16
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 June 15, 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, Mayor Pro Tern 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.
Council Member Scott led the Pledge of Allegiance.
Mayor Michael announced that the appeal listed as item G3 on the agenda has been withdrawn by the appellant
and the appeal hearing is no longer required. Mayor Michael noted that if anyone from the public wishes to speak
about the project, they may do so during the general public comment period.
A. AMENDMENTS TO THE AGENDA
None, other than the removal of item G3 on the agenda.
B. ANNOUNCEMENTS/PRESENTATIONS
B1. Presentation of a Certificate of Sympathy in Memory of Sam Spagnolo, Rancho Cucamonga Community
Pillar and Former City Council Member/Fire District Board Member.
Mayor Michael and Members of the City Council presented a Certificate of Sympathy in Memory of Sam Spagnolo,
Rancho Cucamonga Community Pillar and longtime City Council Member/Fire District Board Member, to his
family and expressed their deepest condolences.
Mayor Michael announced that the City Council meeting will adjourn in memory of Sam Spagnolo.
B2. Presentation of a Proclamation to LifeStream Blood Bank for their Efforts in Providing Lifesaving Blood
Products and Services and Declaring June 19th as World Sickle Cell Day.
Mayor Michael and Members of the City Council presented a Proclamation to Michael McDaniel, Director for
Donor Recruitment from Life Stream Blood Bank for their efforts in providing Lifesaving Blood products and
services and declaring June 191" as World Sickle Cell Day.
C. PUBLIC COMMUNICATIONS
Frank Atry, spoke on his time allotted under public communications and freedom of speech.
Ralph Lopez -Blanco, Teamsters Local 1932, spoke about having respect when addressing Council and expressed
his condolences to the Spagnolo family.
Crystal Ketchup, asked the City Council to consider a program for trauma care for police officials and advocated for
police pay increases and submitted a trauma care plan for consideration.
Kathi Pryor, spoke about Pickleball and player participation and thanked the city for painting the Pickleball courts
and for their support.
Sonia Bruno, thanked the city for their support on having Pickleball courts.
Mark Monninger, thanked the city for their support on having Pickleball courts.
*DRAFT*
June 15, 2022 1 Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga I Page 2 of 9
Page 17
Jim Kulbacki, spoke about a petition he submitted opposing removal of crosswalks on Hermosa Ave. and offered
suggestions for pedestrian safety.
Robert Mann, expressed concerns on removal of crosswalks and public safety.
Janet Walton, offered a prayer.
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: May 4, 2022.
D2. Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of $1,910,649.84
and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California
Gas Company) in the Total Amount of $5,441,356.65 Dated May 24, 2022, Through June 05, 2022
and City and Fire District Electronic Debit Registers for the Month of May in the Total Amount of
$1,467,440.43. (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 $20,740.83 Dated May 24, 2022 Through June 5,
2022. (CITY/FIRE)
D4. Consideration to Receive and File Current Investment Schedules as of May 31, 2022 for the City of
Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE)
D5. Consideration to Cancel the Regular Meetings of the Fire Protection District, Housing Successor
Agency, Successor Agency, Public Finance Authority and City Council on July 6, 2022. (CITY)
D6. AB 361 Findings for Special Brown Act Requirements for Teleconference. (CITY/FIRE)
D7. Consideration to Terminate the Existing Local Emergency Due to the Novel Coronavirus (COVID-19)
Pandemic. (CITY)
D8. Consideration to Proceed with the Biennial Review of the Conflict of Interest Code for the City Council
and Fire Protection District and Authorize the Filing of the 2022 Local Agency Biennial Notice.
(CITY/FIRE)
D9. Consideration of Rancho Cucamonga Municipal Utility's Wildfire Mitigation Plan 2022 Update. (CITY)
D10. Consideration to Approve and Award a Contract to Velocity Fire Equipment for the Purchase of One
(1) Type 1 Engine in Fiscal Year 2021-22 and One (1) Type 1 Engine in Fiscal Year 2022- 23 in the
Amount of $985,971 Per Engine. (FIRE)
D11. Consideration of Amendment No. 01 to the Professional Services Agreement with NV5, Inc.
(CO19-110) for a Two Year Renewal for Electrical Engineering Design and Support. (CITY)
D12. Consideration of Amendment No. 02 to the Professional Services Agreement with Yunex, LLC
(CO19-111) for a Two -Year Renewal for Streetlight Knockdown Services. (CITY)
D13. Consideration of Amendment No. 02 to the Professional Services Agreement with Yunex, LLC
(CO19-112) for a Two Year Renewal for Annual Streetlight Maintenance Services. (CITY)
D14. Consideration of Amendment No. 2 to Contract CO 2020-030 with Mariposa Landscapes, Inc. for LMD
4R Parkway Paseo and Median Island Landscape and Irrigation Maintenance in an Amount Not to
Exceed $433,158. (CITY)
*DRAFT*
June 15, 2022 1 Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga I Page 3 of 9
Page 18
D15. Consideration of Approval of Amendment No. 2 to Contract 18-089 With Bureau Veritas North
America, Inc. and Amendment No 2 to Contract 18-088 With Interwest Consulting Group for Plan
Checks and Inspection Services and to Extend the Expiration Date for an Additional 12 Month Period
in an Amount Not to Exceed $75,500.00 Each. (CITY)
D16. Consideration of Amendment No. 4 to Contract CO 18-030 with Mariposa Landscapes, Inc. for
Landscape and Irrigation Maintenance of LMDs 6, 7, 8, 9, and 10 Parkways, Paseos, and Medians in
an Amount Not to Exceed $985,350. (CITY)
D17. Consideration of Amendment No. 5 to Contract CO 17-140 with Mariposa Landscapes, Inc. for
Landscape and Irrigation Maintenance on the Haven Avenue and Foothill Boulevard Medians, in an
Amount Not to Exceed $259,070. (CITY)
D18. Consideration of Amendment No. 5 to Contract CO 16-262 with BrightView Landscape Services for
Landscape, Irrigation, and Parks Maintenance for PD-85 Parks in an Amount Not to Exceed $273,450.
(CITY)
D19. Consideration of Amendment No. 5 to the Professional Services Agreement with Absolute Security
International (CO 18-102) for Security Guard Services in an Amount Not to Exceed $441,010 for City
facilities and $5,000 for Fire District facilities. (CITY/FIRE)
D20. Consideration of Amendment No. 6 to Contract CO 16-148 with BrightView Landscape Services for
Landscape, Irrigation, and Parks Maintenance for Landscape Maintenance District 1 Parks in an
Amount Not to Exceed $322,470. (CITY)
D21. Consideration of Amendment No. 6 to Contract CO 17-142 with Mariposa Landscapes, Inc. for
Landscape and Irrigation Maintenance for General Fund and LMD 3B Parkways and Medians, in an
Amount Not to Exceed $683,737. (CITY)
D22. Consideration of Amendment No. 06 to the Agreement with Pacific Utility Installation, Inc. (CO19-085),
Amendment No. 02 to the Agreement with International Line Builders, Inc. (CO19- 086) and
Amendment No. 02 to the Agreement with Henkels & McCoy, Inc. (CO19-148) for a Two Year Renewal
for High Voltage Electrical Support and Related Infrastructure. (CITY)
D23. Consideration of Amendment No. 7 to Contract CO 17-143 with Mariposa Landscapes, Inc. for Park
Mowing and Facility Landscape Maintenance in an Amount Not to Exceed $765,010 [$693,510 (City)
and $71,500 (Fire)]. (FIRE/CITY)
D24. Consideration of Amendment No. 10 to the Contract with Yunex LLC (Formerly Siemens Mobility, Inc.)
(CO# 15-103) for Citywide Traffic Signal and Safety Lighting Maintenance Services in the Amount of
$1,010,658. (CITY)
D25. Consideration of Amendment No. 12 to Contract CO 2012-009 with BrightView Landscape Services
for Maintenance of Parkway, Paseo, and Median Landscapes within Landscape Maintenance Districts
1 and 5 in an Amount Not to Exceed $238,230. (CITY)
D26. Consideration of the Purchase of One (1) Self -Contained Breathing Apparatus Compressor and Fill
Station from Compressed Air Specialties, Inc. as a Single Source Vendor in the Amount of $102,225.
(FIRE)
D27. Consideration of an Agreement with Southern California Edison for Possession and Use of Real
Property Rights Located at 8949 and 9333 Etiwanda Avenue (APNs 0229-291-22 and -23) Necessary
for the Etiwanda Grade Separation Project. (CITY)
D28. Consideration to Adopt a Resolution Approving the Rancho Cucamonga Fire Protection District Salary
Schedules for the Fiscal Year 2022-23. (RESOLUTION NO. FD 2022-015) (FIRE)
*DRAFT*
June 15, 2022 1 Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga I Page 4 of 9
Page 19
D29. Consideration to Adopt a Resolution, Approving the Salary Schedule for the Fiscal Year 2022- 23 for
Job Classifications Employed by the City, Including a Part-time Employee Benefits Summary.
(RESOLUTION NO. 2022-074) (CITY)
D30. Consideration to Adopt a Resolution Approving a Memorandum of Understanding Between the City of
Rancho Cucamonga and the Rancho Cucamonga City Employees Association, Including Amending
the Salary Schedule for the Fiscal Year 2022-23 and Modifying Paying and Reporting the Value of
Employer -Paid Member Contributions to CalPERS. (RESOLUTION NO. 2022-091) (CITY)
D31. Consideration of a Resolution Confirming Unpaid Weed and Fire Hazard Abatement Fees and
Authorizing a Special Assessment on Affected Parcels on the Next Tax Roll. (RESOLUTION NO.
2022-089) (CITY/FIRE)
D32. Consideration to Adopt a Resolution Allocating Road Maintenance and Rehabilitation Account
(RMRA) Program Funds for Fiscal Year 2022/23. (RESOLUTION NO. 2022-090) (CITY)
D33. Consideration to Adopt a Resolution Calling and Giving Notice of November 8, 2022, General
Municipal Election and Requesting its Consolidation with the General Statewide Election, a Resolution
Declaring the City Council's Decision to Fill the Vacancy in City Council District 1 by Special Election
and Calling and Giving Notice of Such Special Municipal Election on November 8, 2022, and
Requesting its Consolidation with the General Statewide Election and Regular Municipal Election, and
a Resolution Adopting Regulations Pertaining to Candidate Statements. (RESOLUTION NOS.
2022-071, 2022-072 AND 2022-073) (CITY)
D34. Consideration of Approval of Resolutions for the Landscape Maintenance Districts, Street Lighting
Maintenance Districts, and Park and Recreation Improvement District as follows: (1) Resolutions
Ordering the Preparation of the Annual Engineer's Reports; (2) Resolutions Approving the Preliminary
Annual Engineer's Reports; (3) Resolutions of Intention to Levy Annual Assessments and Sets the
Time and Place for a Public Hearing for Each. (RESOLUTION NOS. 2022-079, 2022-080, 2022-081,
2022-082, 2022-083, 2022-084, 2022-085, 2022-086 AND 2022-087) (CITY)
MOTION: Moved by Council Member Hutchison, seconded by Mayor Pro Tern Kennedy, to approve Consent
Calendar Items D1 through D34, with Council Member Scott abstaining on item D3, due to her employment with
Southern California Gas Company. Motion carried, 4-0.
E. CONSENT CALENDAR ORDINANCE(S) - SECOND READING/ADOPTION
E1. Consideration of Second Reading and Adoption of the Following:
ORDINANCE NO. 1005
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,
ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2022-01 (STREET
LIGHTING SERVICES) OF THE CITY OF RANCHO CUCAMONGA, AUTHORIZING THE LEVY OF A
SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT
ORDINANCE NO. 1006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,
ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2022-02
(INDUSTRIAL AREA SERVICES) OF THE CITY OF RANCHO CUCAMONGA, AUTHORIZING THE LEVY
OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT
MOTION: Moved by Council Member Scott, seconded by Council Member Hutchison, to waive full reading
and adopt Ordinances No. 1005 and 1006 by title only.
Linda Troyan, MMC, City Clerk Services Director, read the titles of Ordinance Nos. 1005 and 1006 by title
only.
VOTES NOW CAST ON MOTION: Moved by Council Member Scott, seconded by Council Member
Hutchison, to waive full reading and adopt Ordinance Nos. 1005 and 1006 by title only. Motion carried, 4-
0.
*DRAFT*
June 15, 2022 1 Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga I Page 5 of 9
Page 20
F. ADMINISTRATIVE HEARING ITEM(S)
F1. Consideration to Receive and File a Summary of Review of Results of Annual Independent Audit
Concerning the Fiscal Year 2020/21 Expenditures in Landscape Maintenance Districts #1 General
City, #2 Victoria, #4R Terra Vista, #6R Caryn Community, and #7 North Etiwanda, Street Lighting
District #2 Residential, and Park and Recreation Improvement District #85. (CITY)
City Manager Gillison introduced Denise Garzaro, Chair of the Community Parks and Landscape Citizens'
Oversight Committee, who gave the staff report.
Mayor Michael opened the Administrative Hearing.
There were no public communications.
Mayor Michael closed the Administrative Hearing.
Council thanked the Community Parks and Landscape Citizens Oversight Committee for their efforts.
The report was received and filed.
F2. Consideration to Receive and File an Update for Estacia Street, et al. Residential Permit Parking
District and Consider a Resolution Amending the Estacia Street, et al. Residential Permit Parking
District to extend the Duration of the Parking District by One Year and Add Stafford Street and
Malvern Avenue East of Hermosa Avenue Pursuant to Municipal Code Section 10.50.
(RESOLUTION NO. 2022-077) (CITY)
City Manager Gillison introduced the item and Jason Welday, Director of Engineering Services/City Engineer,
who gave a staff report.
Mayor Michael opened the Administrative Hearing.
Angelica Ortiz, spoke on parking issues and nuisances caused by nonresidents.
Kevin Vanlear, spoke in support of the Resolution and thanked staff for their assistance.
Gabriel Gutierrez, spoke in support of the Resolution.
Mayor Michael closed the Administrative Hearing.
Discussion ensued on managing the parking issues and in support of the parking district.
MOTION: Moved by Council Member Scott, seconded by Council Member Hutchison, to adopt Resolution No.
2022-077, to amend the Estancia Street, et al. Residential Permit Parking District to add Stafford Street and
Malvern Avenue east of Hermosa Avenue; waive fees for the first issuance of permits for the proposed
amendments to the residential permit parking district and extend the parking restrictions for the entirety of the
Estancia Street,et al. residential permit parking district for one year. Motion carried 4-0.
G. ADVERTISED PUBLIC HEARING ITEM(S) - CITY/FIRE DISTRICT
G1. Public Hearing to Consider Adoption of a Resolution Making Determinations Regarding the Proposed
Annexation of Territory (Annexation No. 22-2) Located at 8629 Pecan Avenue into an Existing Community
Facilities District, Calling a Special Election, and Authorizing Submittal of Levy of Special Taxes to the
Qualified Electors. (RESOLUTION NO. FD 2022-014) (FIRE)
City Manager Gillison introduced Darci Vogel, Fire Business Manager, who gave the staff report.
Mayor Michael opened the Public Hearing.
*DRAFT*
June 15, 2022 1 Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga I Page 6 of 9
Page 21
There were no public communications.
Mayor Michael closed the Public Hearing.
MOTION: Moved by Mayor Pro Tern Kennedy, seconded by Council Member Hutchison, to adopt Resolution No.
FD 2022-014, Making Determinations Regarding the Proposed Annexation of Territory (Annexation No. 222)
Located at 8629 Pecan Avenue into an Existing Community Facilities District, Calling a Special Election, and
Authorizing Submittal of Levy of Special Taxes to the Qualified Electors. Motion carried 4-0.
G2. Public Hearing to Consider a Resolution Amending Electric Rates, Pursuant to the Requirements and
Authority of Chapter 3.46 of Title 3 of the Rancho Cucamonga Municipal Code. (RESOLUTION NO.
2022-076) (CITY)
City Manager Gillison introduced Jason Welday, Director of Engineering Services/City Engineer, who gave the
staff report.
Mayor Michael opened the Public Hearing.
There were no public communications.
Mayor Michael closed the Public Hearing.
MOTION: Moved by Mayor Pro Tern Kennedy, seconded by Council Member Scott, to adopt Resolution No.
2022-076, amending electric rates, pursuant to the requirements and authority of Chapter 3.46 of Title 3 of the
Rancho Cucamonga Municipal Code, including attachment 1 to staff report as an addendum to Resolution. Motion
carried 4-0.
Item G3 was removed from the agenda.
G4. Public Hearing to Consider and Conduct First Reading of Ordinance No. 1007 to be Read by Title Only
and Waive Further Reading, for Specific Plan Amendment DRC2020-00164 to Amend The Resort
Specific Plan by Separating the Document into Two Sections to Regulate the North Planning Area and
the South Planning Area of The Resort, Modifying the Circulation Network for the North Planning Area of
The Resort, Relocation/Shifting of Land Uses, and Miscellaneous Text Edits to Address References,
Graphics, or Exhibits that are No Longer Applicable. A CEQA Compliance Memorandum has been
Prepared for this Project. APN: 0209-272-20 and All APNs Included in Parcel Map PM14647 and Tract
Map TR20240. (ORDINANCE NO. 1007) (CITY)
City Manager Gillison introduced David Eoff, Senior Planner, who gave the staff report.
Mayor Michael opened the Public Hearing.
There were no public communications.
Mayor Michael closed the Public Hearing.
MOTION: Moved by Council Member Hutchison, seconded by Mayor Pro Tern Kennedy, to Introduce First
Reading of Ordinance No. 1007, by title only and waive further reading.
Linda Troyan, MMC, City Clerk Services Director, read the title of Ordinance No. 1007 by title only.
*DRAFT*
June 15, 2022 1 Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga I Page 7 of 9
Page 22
ORDINANCE NO. 1007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,
APPROVING SPECIFIC PLAN AMENDMENT DRC2020-00164 FOR THE RESORT SPECIFIC PLAN
CONSISTING OF MODIFICATIONS TO THE CIRCULATION NETWORK FOR PLANNING AREA 1 B,
INCLUSION OF NEW STREET TYPES FOR PLANNING AREA 113, RELOCATION OF LAND USES WITHIN
PLANNING AREA 113, REFORMATING THE SPECIFIC PLAN DOCUMENT INTO TWO SECTIONS
REGULATING PLANNING AREA 1A AND PLANNING AREA 1B RESPECTIVELY, AND MISCELLANEOUS
TEXT EDITS FOR THE DELETION OF INAPPLICABLE REFERENCES, DELETION OF INAPPLICABLE
EXHIBITS, AND INCLUSION OF NEW EXHIBITS REFLECTIVE OF THE AMENDMENTS LISTED ABOVE; AND
MAKING FINDINGS IN SUPPORT THEREOF — APNS: 0209-272-20; AND ALL APNS INCLUDED IN PARCEL
MAP PM14647, TRACT MAP TR20240
VOTES NOW CAST ON MOTION: Moved by Council Member Hutchison, seconded by Mayor Pro Tern
Kennedy, to Introduce First Reading of Ordinance No. 1007, by title only and waive further readings. Motion
carried 4-0.
H. CITY MANAGERS STAFF REPORT(S)
H1. Quarterly Community Development Update. (VERBAL REPORT) (CITY)
City Manager Gillison introduced Matt Burris, Deputy City Manager and Michael Frasure, Building and Safety
Services Director, who gave a staff report and provided a quarterly update on Community Development projects.
The report was received and filed.
H2. Consideration of a Resolution Adopting the State Water Board Emergency Water Conservation
Regulations and Accepting a Cease on Irrigating Certain Non-functional Turf in LMDs 2, 4R, 6, & 7 and
City Owned Facilities and Approve the Single Source Procurement of HydroPoint WeatherTrak Smart
Irrigation Controllers from SiteOne Landscape Supply. (RESOLUTION NO. 2022-078) (CITY)
City Manager Gillison introduced Bill Wittkopf, Director of Public Works and Albert Espinoza, Deputy Director of
Public Works, who gave the staff report.
Discussion ensued on public outreach and communication and compliance with regulations.
MOTION: Moved by Council Member Scott, seconded by Council Member Hutchison, to adopt Resolution No.
2022-078, adopting the State Water Board Emergency Water Conservation Regulations and Accepting a Cease
on Irrigating Certain Nonfunctional Turf in LMDs 2, 4R, 6, & 7 and City Owned Facilities and Approve the Single
Source Procurement of Hydro Point Weather Trak Smart Irrigation Controllers from Site -One Landscape Supply.
Motion carried 4-0.
I. COUNCIL BUSINESS
11. Designation of Voting Delegate and Alternates for the League of California Cities (Cal Cities) Annual Business
Meeting and Consideration to Reschedule the Regular Meetings of the Fire Protection District, Housing Successor
Agency, Successor Agency, Public Finance Authority and City Council from September 7, 2022 to September 6,
2022.(CITY)
City Manager Gillison introduced the item and gave a staff report.
MOTION: Moved by Council Member Hutchison, seconded by Council Member Scott, to appoint Mayor Pro Tern
Kennedy as delegate and Council Member Scott as alternate for the League of California Cities (Cal Cities)
Annual Business Meeting and to Reschedule the Regular Meetings of September 7, 2022 to September 6, 2022.
Motion carried 4-0.
*DRAFT*
June 15, 2022 1 Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga I Page 8 of 9
Page 23
12. COUNCIL ANNOUNCEMENTS
None.
13. INTER -AGENCY UPDATES
Mayor Pro Tern Kennedy reported her participation at the Transportation, Communications, Public Works Policy
Committee meeting on Senate Bill 717 (Dodd), transportation monies for California projects and Cal Recycle Tire
program.
J. CITY ATTORNEY ITEMS
None.
K. IDENTIFICATION OF ITEMS FOR NEXT MEETING
Mayor Michael announced that the meeting scheduled for July 6, 2022 has been cancelled and the next regular
City Council meeting will take place on July 20, 2022.
L. ADJOURNMENT
The City Council adjourned in Memory of Sam Spagnolo, Rancho Cucamonga Community Pillar and longtime City
Council Member/Fire District Board Member.
Mayor Michael adjourned the Council Meeting at 9:11 p.m.
Approved:
Respectfully submitted,
Linda A. Troyan, MMC
City Clerk Services Director
*DRAFT*
June 15, 2022 1 Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga I Page 9 of 9
Page 24
July 20, 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, July 20, 2022, in the
Tri-Communities Conference Room at the Civic Center, 10500 Civic Center Drive, Rancho Cucamonga,
California. Mayor Michael called the meeting to order at 4:30 p.m.
Present were Council Members: Ryan Hutchison, Kristine Scott, Mayor Pro Tern Lynne Kennedy and Mayor L.
Dennis Michael.
Also present were: John Gillison, City Manager; Serita R. Young, Assistant City Attorney; Lori Sassoon, Deputy
City Manager/Administrative Services; Elisa Cox, Deputy City Manager/Cultural & Civic Services and Matt Burris,
Deputy City Manager/Economic and Community Development.
A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)
No public communications were made.
C. CITY MANAGER ANNOUNCEMENTS
None.
D. CONDUCT OF CLOSED SESSION
D1. CONFERENCE WITH LABOR NEGOTIATORS ROBERT NEIUBER, HUMAN RESOURCES
DIRECTOR AND JENIFER PHILLIPS, HUMAN RESOURCES DEPUTY DIRECTOR, PER
GOVERNMENT CODE SECTION 54957.6 REGARDING LABOR NEGOTIATIONS WITH
TEAMSTERS LOCAL 1932. — (CITY)
D2. 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)
D3. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO
PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE'S INC. V.
CITY OF RANCHO CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF
CALIFORNIA, CASE NO. 5:20CV02506JGBSP — (CITY)
D4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 8408 ROCHESTER AVENUE, RANCHO CUCAMONGA,
CA 91730 (RANCHO CUCAMONGA EPICENTER STADIUM); AGENCY NEGOTIATORS: JOHN
GILLISON, JENNIFER HUNT-GRACIA AND WILLIAM WITTKOPF, REPRESENTING THE CITY OF
RANCHO CUCAMONGA; NEGOTIATING PARTY: RANCHO BASEBALL LLC ; REGARDING PRICE
AND TERMS OF PAYMENT — (CITY)
D5. 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 RIGHTOFWAY 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)
*DRAFT*
July 20, 2022 1 Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga I Page 1 of 8 Page 25
D6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR THE SALE OF PROPERTY GENERALLY LOCATED AT THE NORTH WEST CORNER
OF HAVEN AVENUE AND CIVIC CENTER DRIVE IDENTIFIED AS PARCEL NUMBER 0208-331-40;
AND 0208-331-47; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER AND MATT
BURRIS, DEPUTY CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA; AND
CHRIS HYUN, JRC REAL ESTATE INVESTMENT CORP REGARDING PRICE AND TERMS OF
PAYMENT. (CITY)
D7. 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)
D8. 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)
D9. 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.: CIVSB2110388. (CITY)
D10. 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. CHAO PING YANG, ET AL., SBSC CASE NO.: CIVSB2201957. (CITY)
E. RECESS
The closed session recessed at 6:50 p.m.
*DRAFT*
July 20, 2022 1 Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga I Page 2 of 8 Page 26
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 July 20, 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, Mayor Pro Tern Lynne Kennedy and Mayor L.
Dennis Michael.
Also present were: John Gillison, City Manager; Serita R. Young, Assistant City Attorney; and Linda Troyan, MMC,
City Clerk Services Director.
Mayor Pro Tern Kennedy led the Pledge of Allegiance.
A. AMENDMENTS TO THE AGENDA
City Clerk Services Director Troyan announced that item D24 on the Consent Calendar is being moved and will be
held under the Administrative Hearings section of the agenda as item F1.
B. ANNOUNCEMENTS/PRESENTATIONS
B1. Presentation of Certificates of Recognition to Instructors of the First LISTOS Class Hosted by the Rancho
Cucamonga Fire Protection District.
Mike McCliman, Fire Chief, introduced community partners and thanked them for their collaborative efforts in the
first LISTOS class that provided disaster preparedness training in Spanish. Beth Zuppardi, Emergency Management
Specialist provided a summary and video of the first LISTOS class hosted by the Rancho Cucamonga Fire Protection
District. Mayor Michael and Members of the City Council recognized instructors of the first LISTOS class.
B2. Presentation of a Proclamation Proclaiming the Month of July 2022, as National Park & Recreation Month.
Mayor Michael and Members of the City Council presented a proclamation to Community Services Department
Management Analyst III, Chandra Thomas, proclaiming the Month of July 2022, as National Park & Recreation
Month.
B3. Presentation of the 10th Consecutive Distinguished Budget Presentation Award from the Government
Finance Officers Association (GFOA).
Tamara Oatman, Finance Director and Daniel Hernandez, Budget Analyst provided an overview of the Distinguished
Budget Presentation Award from the Government Finance Officers Association (GFOA) and shared a video from the
Government Finance Officers Association presenting the Distinguished Budget Presentation Award to the City of
Rancho Cucamonga.
B4. Presentation of Rancho Cucamonga's Ranking - 2022's Best & Worst Places to Raise a Family.
Community Affairs Coordinators Allison Town and Tenika Hill provided a PowerPoint presentation of Rancho
Cucamonga's Ranking - 2022's Best & Worst Places to Raise a Family. The City of Rancho Cucamonga was ranked
by Wallet Hub as No. 01 in the Inland Empire and No. 05 in Southern California as the best place to raise a family
based on an analysis of five(5) categories: Family Fun, Health & Safety, Education & Child Care, Affordability and
Socio-economics.
Mayor Michael introduced Police Chief Perez who provided an update on a recent shooting incident that occurred
on July 161', 2022 and provided an update on Deputy Mason.
*DRAFT*
July 20, 2022 1 Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga I Page 3 of 8 Page 27
C. PUBLIC COMMUNICATIONS
Jim Kulbacki, submitted a petition titled Hermosa Blvd. Crosswalk District One Petition. He addressed
traffic/pedestrian safety concerns and spoke in opposition of the removal of a crosswalk located on Mignonette St.
and Hermosa Blvd.
Janet Walton, read quotes, thanked the Rancho Cucamonga Police Department for keeping the community safe and
offered a prayer.
Marcopolo Anzora, introduced himself as the new field representative for Congressman Pete Aguilar's office, 31st
Congressional District of California.
Max Cherubin, spoke on parking issues with new developments, road conditions and asked the City Council to
consider hiring additional traffic officers to patrol between peak hours.
D. CONSENT CALENDAR
D1. Consideration of Meeting Minutes for the Regular and Special Meetings of: May 18, 2022, June 2,
2022, and June 16, 2022.
D2. Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of $3,999,236.38
and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California
Gas Company) in the Total Amount of $8,813,974.62 Dated June 06, 2022, Through July 10, 2022
and City and Fire District Electronic Debit Registers for the Month of June in the Total Amount of
$7,818,051.85. (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 $27,910.10 Dated June 06, 2022, Through July 10,
2022. (CITY/FIRE)
D4. Consideration to Receive and File Current Investment Schedules as of June 30, 2022 for the City of
Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE)
D5. Consideration of Amendment No. 001 to the Professional Services Agreement with Mary McGrath
Architects for Conceptual Design Services for the Fire Station 175 Project in the Amount of $58,290
and Authorization to Appropriate $58,290. (FIRE)
D6. Adoption of a Resolution Declaring Results of a Special Election in Community Facilities District No.
85-1, Annexation No. 22-2, Located at 8629 Pecan Avenue (APN 0229-151-27). (RESOLUTION NO.
FD 2022-022) (FIRE)
D7. AB 361 Findings for Special Brown Act Requirements for Teleconference. (CITY/FIRE)
D8. Consideration To Reject Bids For The "Citywide Concrete Repairs FY 2021/2022 Project" As
Non -Responsive To The Needs Of The City. (CITY)
D9. Consideration of an Appropriation in the Amount of $40,580.00 and Approval to Purchase Equipment
in the Amount of $40,580.00 from Fiscal Years 2017 and 2018 Edward Byrne Memorial Justice
Assistance Grant for the Rancho Cucamonga Police Department. (CITY)
D10. Consideration of Amendment No. 3 to the Professional Services Agreement with Interwest Consulting
Group for Plan Checks and Inspection Services in the Amount of $10,000. (CITY)
D11. Consideration of Amendment No. 4 to Contract CO 19-187 with West Coast Arborists, Inc. for Citywide
Tree Maintenance Services in an Amount Not to Exceed $1,377,000. (CITY)
*DRAFT*
July 20, 2022 1 Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga I Page 4 of 8 Page 28
D12. Consideration of Amendment No. 05 to the Professional Services Agreement with Magellan Advisors,
LLC (CO18-103) for Fiber Optic Project Management and Design Services for Fiscal Year 2022/23.
(CITY)
D13. Consideration of a Multi -Year Agreement with DocuPet Corp. for Pet Licensing Services Not to Exceed
$112,500. (CITY)
D14. Consideration of a Professional Services Agreement with Mariposa Landscapes, Inc. for LMD 2
Parkway, Paseo, and Median Island Landscape and Irrigation Maintenance in an Amount Not to
Exceed $1,443,188. (CITY)
D15. Consideration of a Professional Services Agreement with Fehr & Peers for the Completion of the
Healthy RC Active Transportation Infrastructure Assessment and Improvement Plan in the Amount of
$374,966 plus a 5% Contingency, and Authorization of Appropriations from the State Grant (Fund
274) and Citywide Capital Infrastructure (Fund 198) Funds. (CITY)
D16. Consideration of Approval of an Improvement Agreement for Design Review DRC2016-00295, for the
Construction of a 108-Room Hotel Located on the South Side of Foothill Avenue Approximately 420
Feet West of Masi Drive. (CITY)
D17. Consideration of Contracts with Torti Gallas + Associates, Arthur Gensler and Associates, PlaceWorks
and Sargent Town Planning for On -Call Urban Design Consulting Services. (CITY)
D18. Consideration to Authorize the City Manager to Execute an Agreement with San Bernardino County
for the Rehabilitation of the Rancho Cucamonga Family Resource Center. (CITY)
D19. Consideration to Accept the LMD-4R Terra Vista — Water Conservation / Landscape Renovation FY
20-21 Project as Complete, File the Notice of Completion, and Authorize Release of Retention and
Bonds. (CITY)
D20. Consideration to Accept as Complete, File a Notice of Completion, and Authorize Release of
Retention, and Bonds for the Fiscal Year 20/21 Traffic Signal Modification Project (Contract No.
2021-010). (CITY)
D21. Consideration of a Resolution by the City Council, as the Code Reviewing Body Pursuant to the
California Political Reform Act, Approving the Conflict of Interest Code for the Rancho Cucamonga
EIFD Public Financing Authority. (RESOLUTION NO. 2022-093)(CITY)
D22. Consideration of Resolutions Approving the Special Tax Levy for Various Community Facilities
Districts and the Special Annual Benefit Assessment for Drainage Area No. 91-2 for the Fiscal Year
2022/23. (RESOLUTION NOS. 2022-094 through 2022-109)(CITY)
D23. Consideration to Adopt Resolution Approving a Memorandum of Understanding Between the City of
Rancho Cucamonga and Teamsters Local 1932, Including Amending the Salary Schedule for the
Fiscal Year 2022-23, and a Resolution Modifying Paying and Reporting the Value of Employer -Paid
Member Contributions to CalPERS. (RESOLUTION NO. 2022-110) and (RESOLUTION NO.
2022-111), Respectively. (CITY)
Edisen Company, 9333 Etiwanda Avenue OR UninGerpe-Mated- San -Re.mard-ine County, San Bernardino
County Tax o Number 291 23ESnLUTION nin 2-022-112vCITY)
Ge�ssessers-P�eel�ber0) ip
� ,� (RESOLUTION
Additional material was received from staff and distributed to the City Council for Consent Calendar Item D19.
*DRAFT*
July 20, 2022 1 Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga I Page 5 of 8 Page 29
MOTION: Moved by Mayor Pro Tern Kennedy, seconded by Council Member Hutchison, to approve Consent
Calendar Items D1 through D23, with Council Member Scott abstaining on item D3, due to her employment with
Southern California Gas Company. Motion carried, 4-0.
E. CONSENT CALENDAR ORDINANCE(S) - SECOND READING/ADOPTION
E1. Consideration of Second Reading and Adoption of the Following:
ORDINANCE NO. 1007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,
APPROVING SPECIFIC PLAN AMENDMENT DRC2020-00164 FOR THE RESORT SPECIFIC PLAN
CONSISTING OF MODIFICATIONS TO THE CIRCULATION NETWORK FOR PLANNING AREA 1B,
INCLUSION OF NEW STREET TYPES FOR PLANNING AREA 1B, RELOCATION OF LAND USES
WITHIN PLANNING AREA 1B, REFORMATING THE SPECIFIC PLAN DOCUMENT INTO TWO
SECTIONS REGULATING PLANNING AREA 1A AND PLANNING AREA 1B RESPECTIVELY, AND
MISCELLANEOUS TEXT EDITS FOR THE DELETION OF INAPPLICABLE REFERENCES, DELETION
OF INAPPLICABLE EXHIBITS, AND INCLUSION OF NEW EXHIBITS REFLECTIVE OF THE
AMENDMENTS LISTED ABOVE; AND MAKING FINDINGS IN SUPPORT THEREOF
MOTION: Moved by Council Member Scott, seconded by Mayor Pro Tern Kennedy, to waive full reading
and adopt Ordinance No. 1007 by title only.
Linda Troyan, MMC, City Clerk Services Director, read the title of Ordinance No. 1007 by title only.
VOTES NOW CAST ON MOTION: Moved by Council Member Scott seconded by Mayor Pro Tern
Kennedy, to waive full reading and adopt Ordinance No. 1007 by title only. Motion carried, 4-0.
F. ADMINISTRATIVE HEARING ITEM(S)
F1. Consideration of Resolution of Necessity of the City Council of Rancho Cucamonga, California,
Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the
Acquisition Thereof in Connection with the Etiwanda Grade Separation Project (Southern California
Edison Company, 9333 Etiwanda Avenue in Unincorporated San Bernardino County, San
Bernardino County Tax Assessor's Parcel Number 0229-291-23). (RESOLUTION NO.
2022-112)(CITY)
City Manager Gillison introduced Ian Tai, Associate Engineer and Gina Danner, Assistant City Attorney, who
provided a PowerPoint presentation with an overview of the project. Associate Engineer Tai showcased
renderings of the proposed project and the improvements the project would provide to the community.
Mayor Michael opened the Administrative Hearing.
There were no public communications.
Mayor Michael closed the Administrative Hearing.
Mayor Michael noted that the City has been in negotiations for some time and asked the Assistant City Attorney
to clarify that this does not preclude further negotiations with parties involved in the project and simply moves the
process forward to meet project deadlines.
Assistant City Attorney Danner agreed and noted that the City is in active negotiations with Southern California
Edison and hopes to bring back a settlement proposal at a future City Council Meeting.
MOTION: Moved by Mayor Pro Tern Kennedy, seconded by Council Member Hutchison, to adopt Resolution No.
2022-112, declaring certain real property interests necessary for public purposes and authorizing the acquisition
thereof in connection with the Etiwanda Grade Separation Project (Southern California Edison Company, 9333
Etiwanda Avenue in unincorporated San Bernardino County, San Bernardino County Tax Assessor's Parcel
Number 0229-291-23). Motion carried 4-0.
*DRAFT*
July 20, 2022 1 Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga I Page 6 of 8 Page 30
G. ADVERTISED PUBLIC HEARING ITEM(S) — CITY/FIRE DISTRICT
G1. PUBLIC HEARING FOR CONSIDERATION OF AN APPEAL OF THE PLANNING COMMISSION'S
DECISION TO APPROVE DESIGN REVIEW DRC2020-00440 — WOOD PARTNERS, APPLICANT. The
project is a site plan/architectural review for a mixed -use development comprising of 259 residential units,
2 commercial units totaling 2,253 square -feet, and 1 live/work unit with 816 square feet of non-residential
space within the Mixed -Use Urban Corridor (MU-UCR) District, located at the southeast corner of Foothill
Boulevard and Etiwanda Avenue. APNs: 0229-311-14 and -15. A Mitigated Negative Declaration of
environmental impacts has been prepared for consideration. (RESOLUTION 2022-113)(CITY)
City Manager Gillison introduced Vincent Acuna, Associate Planner, who provided a PowerPoint presentation
and overview of item G1. He provided renderings of the project and a project summary noting that the project
meets density range envisioned in the General Plan, project design creates the feel of an urban, walkable
environment as envisioned for the Foothill corridor and that the project meets City Council goals.
Mayor Michael opened the Public Hearing.
Appellant, Adam Frankel, Attorney representing Lozeau Drury, LLP on behalf of the Supporters Alliance for
Environmental Responsibility (SAFER), expressed concerns regarding the Mitigated Negative Declaration (MND)
being inadequate in analyzing the project impacts related to air quality/ health risks, wildlife and noise. He asked
that the City Council find that the MND is insufficient under CEQA and that an Environmental Impact Report (EIR)
is therefore required.
Heather Riley, applicant, attorney representing Wood Partners, stated that the Mitigated Negative Declaration
(MND) is correct, complete and was recirculated in an abundance of caution to ensure that there were no potential
air quality issues. She endorsed denial of the appeal and upholding the Planning Commission decision to approve
Design Review DRC2020-00440. She added that the project also has adequate parking and complies with the
City's Development Code.
Maury Vargas, asked if surrounding single family home neighborhoods adjacent to the proposed project would
be affected by overflow parking issues and traffic congestion.
Max Cherubin, spoke in favor of the project but asked that parking concern issues be addressed by developers.
Heather Riley, applicant, attorney representing Wood Partners, responded to parking concerns and stated that
the project includes satisfactory parking to accommodate all residential units and commercial space on site.
Joe Gambill, applicant, Managing Director, representing Wood Partners, responded to parking concerns and
added that parking provided for the project is fully compliant with the City's Development Code.
Mayor Michael closed the Public Hearing.
MOTION: Moved by Council Member Scott, seconded by Council Member Hutchison, to adopt Resolution No.
2022-113, denying the appeal and upholding the planning commission's approval of design review DRC2020-
00440 for a site plan/architectural review for a mixed -use development comprising of 259 residential units, 2
commercial units totaling 2,253 square -feet, and 1 live/work unit with 816 square feet of non-residential space
within the mixed -use urban corridor (MU-UCR) district on the southeast corner of foothill boulevard and Etiwanda
avenue; and making findings in support thereof — APNs: 0229-311-14 and -15. Motion carried 4-0.
G2. Public Hearing to Consider a Resolution Adopting the Fire District's General Fund Final Budget for Fiscal
Year 2022-23. (RESOLUTION FD 2022-023)(FIRE)
City Manager Gillison introduced the item and provided a verbal report on the Fire District's General Fund Final
Budget for Fiscal Year 2022-23.
Mayor Michael opened the Public Hearing.
There were no public communications.
*DRAFT*
July 20, 2022 1 Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga I Page 7 of 8 Page 31
Mayor Michael closed the Public Hearing.
MOTION: Moved by Council Member Hutchison, seconded by Council Member Scott, adopt Resolution No. FD
2022-023, adopting a final budget for the Fiscal Year July 1, 2022 through June 30, 2023. Motion carried 4-0.
G3. Public Hearing to Consider Resolutions Confirming the Diagrams and Assessments and Ordering the
Levy and Collection of Annual Assessments for Landscape Maintenance Districts; Street Lighting
Maintenance Districts; and Park and Recreation Improvement District No. PD-85 for Fiscal Year 2022/23.
(RESOLUTION NOS. 2022-114, 2022-115, 2022-116)(CITY)
City Manager Gillison introduced Noah Daniels, Finance Director, who provided a verbal report outlining the
formal process of confirming the diagrams and assessments and ordering the levy and collection of annual
assessments for Landscape Maintenance Districts; Street Lighting Maintenance Districts; and Park and
Recreation Improvement District No. PD-85 for Fiscal Year 2022/23.
Mayor Michael opened the Public Hearing.
There were no public communications.
Mayor Michael closed the Public Hearing.
MOTION: Moved by Council Member Scott, seconded by Council Member Hutchison, to adopt Resolution No's.
2022-114, 2022-115, 2022-116, Confirming the Diagrams and Assessments and Ordering the Levy and Collection
of Annual Assessments for Landscape Maintenance Districts; Street Lighting Maintenance Districts; and Park
and Recreation Improvement District No. PD-85 for Fiscal Year 2022/23. Motion carried 4-0.
H. CITY MANAGERS STAFF REPORT(S)
None.
I. COUNCIL BUSINESS
11. COUNCIL ANNOUNCEMENTS
Mayor Michael and Members of the City Council expressed their support for the Rancho Cucamonga Police
Department and wished Deputy Mason a full and speedy recovery.
12. INTER -AGENCY UPDATES
None.
J. CITY ATTORNEY ITEMS
None.
K. IDENTIFICATION OF ITEMS FOR NEXT MEETING
None.
L. ADJOURNMENT
Mayor Michael adjourned the Council Meeting at 8:40 p.m.
Approved:
Respectfully submitted,
Linda A. Troyan, MMC
City Clerk Services Director
*DRAFT*
July 20, 2022 1 Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga I Page 8 of 8 Page 32
August 3, 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, August 3, 2022, in the
Tri-Communities Conference Room at the Civic Center, 10500 Civic Center Drive, Rancho Cucamonga,
California. Mayor Michael called the meeting to order at 5:00 p.m.
Present were Council Members: Ryan Hutchison, Kristine Scott, Mayor Pro Tern 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, Assistant City Manager/Acting Deputy City Manager/Cultural & Civic
Services and Matt Burris, Deputy City Manager/Economic and Community Development.
A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)
No public communications were made.
C. CITY MANAGER ANNOUNCEMENTS
None.
D. CONDUCT OF CLOSED SESSION
D1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO GOVERNMENT
CODE SECTION 54956.9(A) SOUTHWEST VOTER REGISTRATION EDUCATION PROJECT AND
LOUISA OLLAGUE V. CITY OF RANCHO CUCAMONGA; SAN BERNARDINO SUPERIOR COURT
CASE NO. CIVRS 1603632. (CITY)
D2. CONFERENCE WITH 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)
D3. 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.: PENDING. (CITY)
D4. 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)
D5. 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.: CIVSB2110388. (CITY)
D6. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATION
PURSUANT TO PARAGRAPH (4) OF SUBDIVSION (D) OF GOVERNMENT CODE SECTION
54956.9: 1 CASE - (CITY)
E. RECESS
The closed session recessed at 6:42 p.m
*DRAFT*
August 3, 2022 1 Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga I Page 1 of 3 Page 33
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 August 3, 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, Mayor Pro Tern 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.
Council Member Hutchison led the Pledge of Allegiance.
A. AMENDMENTS TO THE AGENDA
None.
B. ANNOUNCEMENTS/PRESENTATIONS
B1. Presentation of Certificates of Appreciation to Rancho Cucamonga Police Department Deputies: Casey
Allen, Gerard Ciani, Esmeralda Contreras, Mireya Gonzales, and Trenton Robinson for Recently Being
Recognized with the Sheriff's Medal of Valor.
Mayor Michael and Members of the City Council presented Certificates of Appreciation to Rancho Cucamonga
Police Department Deputies: Casey Allen, Gerard Ciani, Esmeralda Contreras, Mireya Gonzales and Trenton
Robinson for being recognized with the Sherriff's Medal of Valor.
B2. Presentation of a Proclamation Designating the City of Rancho Cucamonga as a Purple Heart City.
Mayor Michael and Members of the City Council presented a Proclamation to Raymond Wetzel, Adjutant Military
Order of the Purple Heart Chapter 2929, designating the City of Rancho Cucamonga as a Purple Heart City.
B3. Presentation of the 2022 Jr. Firefighter Camp Hosted by the Rancho Cucamonga Fire Protection District.
Nicole Dalton, Community Affairs Senior Coordinator, Fire Protection District, provided a presentation on the 2022
Junior Firefighter Camp hosted by the Fire District.
C. PUBLIC COMMUNICATIONS
Frank Atry, spoke on his allotted public communications time.
Janet Walton, offered a prayer.
Jim Kulbacki, spoke about crossing guards and speed limit signs on Hermosa Ave. and submitted a petition in
opposition to the removal of the crossing guards.
City Manager Gillison clarified that the City has an adopted crossing guard policy and crossing guards are added
where warrants show there is a need and it is justified; addressed Assembly Bill 43 on speed limit signs; and advised
the city is having an independent traffic engineer review and conduct a traffic study with recommendations.
D. CONSENT CALENDAR
D1. Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of $1,958,715.79
and City and Fire District Weekly Check Registers (No Checks Issued to Southern California Gas
*DRAFT*
August 3, 2022 1 Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga I Page 2 of 3 Page 34
Company) in the Total Amount of $3,696,381.16 Dated July 11, 2022, Through July 24, 2022.
(CITY/FIRE)
D2. AB 361 Findings for Special Brown Act Requirements for Teleconference. (CITY/FIRE)
D3. Consideration to Accept and Allocate Grant Revenue in the Amount of $5,000 Awarded by the
California State Library for a Library of Things Outdoor Collection. (CITY)
D4. Consideration to Order the Annexation to Landscape Maintenance District No. 1 and Street Light
Maintenance Districts Nos. 1 and 2 Related to Case No. PMT2021-05731, Located at 9664 Edelweiss
Street. (RESOLUTION NOS. 2022-117, 2022-118 AND 2022-119) (CITY)
MOTION: Moved by Council Member Scott, seconded by Council Member Hutchison, to approve Consent
Calendar Items D1 through D4. Motion carried, 4-0.
E. CONSENT CALENDAR ORDINANCE(S) - SECOND READING/ADOPTION
None.
F. ADMINISTRATIVE HEARING ITEM(S)
None.
G. ADVERTISED PUBLIC HEARING ITEM(S) - CITY/FIRE DISTRICT
None.
H. CITY MANAGERS STAFF REPORT(S)
None.
I. COUNCIL BUSINESS
11. COUNCIL ANNOUNCEMENTS
Mayor Michael thanked the community for attending the City's National Night Out event and acknowledged the
efforts of the police department.
12. INTER -AGENCY UPDATES
None.
J. CITY ATTORNEY ITEMS
None.
K. IDENTIFICATION OF ITEMS FOR NEXT MEETING
None.
L. ADJOURNMENT
Mayor Michael adjourned the Council Meeting at 7:27 p.m.
Approved:
Respectfully submitted,
Linda A. Troyan, MMC
City Clerk Services Director
*DRAFT*
August 3, 2022 1 Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga I Page 3 of 3 Page 35
August 17, 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, August 17, 2022, in
the Tri-Communities Conference Room at the Civic Center, 10500 Civic Center Drive, Rancho Cucamonga,
California. Mayor Michael called the meeting to order at 5:00 p.m.
Present were Council Members: Ryan Hutchison, Kristine Scott, Mayor Pro Tern Lynne Kennedy, and Mayor L.
Dennis Michael.
Also present were: John Gillison, City Manager; Nicholas Ghirelli, City Attorney; Elisa Cox, Assistant City
Manager/Acting Deputy City Manager/Cultural & Civic Services and Matt Burris, Deputy City Manager/Economic
and Community Development.
A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)
No public communications were made.
C. CITY MANAGER ANNOUNCEMENTS
None.
D. CONDUCT OF CLOSED SESSION
D1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO 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)
D2. 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.: PENDING. (CITY)
D3. 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)
D4. CONFERENCE WITH LEGAL COUNSEL - POSSIBLE LITIGATION PURSUANT TO PARAGRAPH
(4) OF SUBDIVISION (D) OF SECTION 54956.9; DEFAULT OF DEVELOPER OBLIGATIONS
UNDER IMPROVEMENT AGREEMENT RELATED TO CASE NO. SUBTT18966
D5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 12089 FOOTHILL BOULEVARD, FURTHER IDENTIFIED
AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229-021-48;
NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF
RANCHO CUCAMONGA, AND JOAN LOPEZ AGGAZZOTTIE, ETC., ET AL., OWNER; REGARDING
INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY
NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. — (CITY)
D6. CONFERENCE WITH LEGAL COUNSEL — PENDING LITIGATION PURSUANT TO PARAGRAPH
(4) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO
*DRAFT*
August 17, 2022 1 Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga I Page 1 of 7
Page 36
CUCAMONGA V. BTC III RANCHO CUCAMONGA LOGISTICS CENNTER LP, A DELAWARE
LIMITED LIABILITY COMPANY, SBSC CASE NO.: CIVSB2201955. (CITY)
D7. CONFERENCE WITH LEGAL COUNSEL —EXISTING LITIGATION PURSUANT TO PARAGRAPH
(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: JULIO PINEDA VS. CITY OF
RANCHO CUCAMONGA, WORKERS COMPENSATION CASE NO. ADJ13303390 - CITY
D8. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATION
PURSUANT TO PARAGRAPH (4) OF SUBDIVSION (D) OF GOVERNMENT CODE SECTION
54956.9: 1 CASE (CITY)
D9. 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 RIGHTOFWAY 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)
E. RECESS
The closed session recessed at 6:22 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 August 17, 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, Mayor Pro Tern 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.
Council Member Scott led the Pledge of Allegiance.
A. AMENDMENTS TO THE AGENDA
City Clerk Services Director Troyan announced that item D6 on the agenda will be removed and will return at
a future meeting date.
B. ANNOUNCEMENTS/PRESENTATIONS
B1. Recognition of the Rancho Cucamonga Fire Protection District for Receiving the Lifeline EMS Gold Plus
Award.
Sandy Griffin, EMS Administrator and Patty Eickholt, QI Nurse, Fire Protection District, gave a presentation on the
Lifeline EMS Gold Plus award receiving by the Rancho Cucamonga Fire Protection District and displayed an
award video presentation by the American Heart Association.
*DRAFT*
August 17, 2022 1 Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga I Page 2 of 7
Page 37
B2. Presentation Recognizing Jenifer Phillips, Deputy Director of Human Resources, for Being Featured as
IPMA-HR's Member Spotlight for the Month of August.
Mayor Michael and Members of the City Council presented a Certificate of Recognition to Jenifer Phillips, Deputy
Director of Human Resources, for being featured as IPMA-HR's Member Spotlight for the Month of August.
C. PUBLIC COMMUNICATIONS
Frank Atry, spoke on his speaking time during public communications.
Jim Kulbacki, spoke on the city's intent of removing a crosswalk on Hermosa Ave; and spoke on reducing the
speed limit and Assembly Bill 43.
D. CONSENT CALENDAR
Council Member Scott announced that she will need to abstain on item D2, due to a potential conflict of interest
as her employer is Southern California Gas Company.
Mayor Michael announced that item D6 is being removed from the Consent Calendar and Item D14 is being
pulled for discussion.
D1. Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of $1,880,259.00
and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California
Gas Company) in the Total Amount of $3,932,613.70 Dated July 25, 2022, Through August 07, 2022
and City and Fire District Electronic Debit Registers for the Month of July in the Total Amount of
$15,928,152.04. (CITY/FIRE)
D2. Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern
California Gas Company in the Total Amount of $17,436.16 Dated July 25, 2022, Through August 07,
2022. (CITY/FIRE)
D3. Consideration to Receive and File Current Investment Schedules as of July 31, 2022 for the City of
Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE)
D4. Consideration to Authorize Signature of the California Intergovernmental Risk Authority Agreement for
Apportionment of Retirement Obligations. (FIRE)
D5. Consideration of an Award to Vigilant Solutions for the Purchase of and an Appropriation in the Amount
of $26,750 for the Subscription Renewal of the Camera License Keys (CLK) Fees Used at Each
Automated License Plate Reader (ALPR) Location. (CITY)
I-ir.ense Plate Reader Gamera's te he Installed- at Three Interser.fie.pss A -Rd- te
at thea G--- 1.t 1. ran+or a..dd at Q 4 t y Hall (CITY-)
D7. Consideration of a Professional Service Agreement with Gentry General Engineering, Inc. for Removal
of the Existing Horseshoe and Shuffleboard Courts and Construction of Pickleball Courts at Red Hill
Community Park in an Amount Not to Exceed $109,362.00. (CITY)
D8. Consideration to Award a Contract to Ace Electric, Inc. for the "Heritage and Etiwanda Creek Parks
LED Sports Lighting Upgrade Project". (CITY)
D9. Consideration of a Contract with Tinker Glass Contractors, Inc. for the Emergency Installation of
Ballistic Glass on the Plaza Level of the Rancho Cucamonga Police Facility in the Amount of $165,025.
(CITY)
*DRAFT*
August 17, 2022 1 Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga I Page 3 of 7
Page 38
D10. Consideration to Award a Contract to Gentry General Engineering for the "Heritage Community Park
Pedestrian Trail Renovation Project. (CITY)
D11. Consideration of a Contract with Crosstown Electric & Data, Inc. in the Amount of $608,683, Plus a
10% Contingency for the 2022 HSIP Traffic Signal Modification at Various Locations Project and an
Appropriation from the Gas Tax Fund (Fund 174) in the Amount of $453,000 and from the
Transportation Fund (124) in the Amount of $264,400. (CITY)
D12. Consideration to Approve an Agreement for Apportionment of Retirement Obligations and Authorize
the Mayor of the City of Rancho Cucamonga to Sign the Agreement. (CITY)
D13. Consideration of Amendment No. 1 to the Professional Services Agreement with NEOGOV for
Applicant Tracking Software in the Amount of $66,800. (CITY)
D14. Consideration to Approve Second Amendment to the Integrated Solid Waste Management Agreement
between the City of Rancho Cucamonga and Burrtec Waste Industries, Inc., to Incorporate Senate Bill
1383 Requirements. (CITY)
D15. Consideration of a Professional Services Agreement with Renne Public Policy Group for State
Legislative Advocacy Services in the Annual Amount of $114,000 and Direct Staff to Adjust an
Appropriation at Mid -Year. (CITY)
D16. Consideration to Accept the Traffic Signal Battery Backup Systems Replacement FY 20-21 Project as
Complete, file a Notice of Completion, and Authorize Release of Retention and Bonds. (CITY)
D17. Consideration of Resolutions Approving the Special Tax Levy for Community Facilities Districts Nos.
85-1 and 88-1 for Fiscal Year 2022/23. (RESOLUTION NO'S. FD2022-024 AND FD2022-025) (FIRE)
D18. Consideration of a Resolution Adopting the Measure "I" Five -Year Capital Improvement Plan Covering
Fiscal Years 2022/2027. (RESOLUTION NO. 2022-120) (CITY)
MOTION: Moved by Council Member Hutchison, seconded by Mayor Pro Tern Kennedy, to approve Consent
Calendar Items D1 through D18, except for item D6 and D14, and with Council Member Scott abstaining on item
D2, due to her employment with Southern California Gas Company. Motion carried, 4-0.
D14. Consideration to Approve Second Amendment to the Integrated Solid Waste Management Agreement
between the City of Rancho Cucamonga and Burrtec Waste Industries, Inc., to Incorporate Senate Bill
1383 Requirements. (CITY)
City Manager Gillison introduced the item and Linda Ceballos, Environmental Programs Manager, who gave the
staff report and provided information on the proposed changes to the amendment to the agreement to comply
with SB 1383 and revised rate methodology. Environmental Programs Manager provided an update to the
proposed amendment: Gradual rate increase over five-year period for residential food waste/mixed organics
collection and agreement term extended from 2028 to 2038.
Discussion ensued on rate adjustments and finding solutions to assist residents.
MOTION: Moved by Council Member Scott, seconded by Council Member Hutchison, to approve item D14:
Second Amendment to the Integrated Solid Waste Management Agreement between the City of Rancho
Cucamonga and Burrtec Waste Industries, Inc., to Incorporate Senate Bill 1383 Requirements, as amended.
Motion carried 4-0.
E. CONSENT CALENDAR ORDINANCE(S) - SECOND READING/ADOPTION
None.
*DRAFT*
August 17, 2022 1 Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga I Page 4 of 7
Page 39
F. ADMINISTRATIVE HEARING ITEM(S)
None.
G. ADVERTISED PUBLIC HEARING ITEM(S) - CITY/FIRE DISTRICT
G1. Public Hearing to Consider a Resolution to Set Residential and Commercial Solid Waste Collection Rates
Within the City of Rancho Cucamonga. (RESOLUTION NO. 2022-121) (CITY)
City Manager Gillison noted that the city is not moving forward with the proposed rates as presented in this staff
report and there will be no vote on the item as the Council is not moving forward with the item.
Mayor Michael opened the Public Hearing.
Rita Leo, spoke in opposition to rate increases in September and inquired on state reporting requirements.
City Manager Gillison clarified that the collection of residential food waste will begin in September, but no rate
increase will take place in September.
Mayor Michael closed the Public Hearing.
Mayor Michael referred Ms. Leo to Linda Ceballos, Environmental Programs Manager, for further information.
G2. Public Hearing for Consideration of First Reading of Ordinance No. 1008, to be Read by Title Only and
Waive Further Reading, Amending Development Code Chapters 17.38 and Chapter 17.140 Establishing
an Agricultural Overlay. This Project is Exempt from Environmental Review Pursuant to Section 15060
of the CEQA Guidelines. (ORDINANCE NO. 1008) (CITY)
City Manager Gillison introduced the item and Sean McPherson, Senior Planner, who gave the staff report.
Mayor Michael opened the Public Hearing.
There were no public communications.
Mayor Michael closed the Public Hearing.
Discussion ensued on the transfer of development rights.
MOTION: Moved by Mayor Pro Tern Kennedy, seconded by Council Member Scott, to Introduce First Reading
of Ordinance No. 1008, by title only and waive further readings.
Linda Troyan, MMC, City Clerk Services Director, read the title of Ordinance No. 1008 by title only.
ORDINANCE NO. 1008
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,
AMENDING DEVELOPMENT CODE CHAPTERS 17.38 AND 17.140 ESTABLISHING AN AGRICULTURAL
OVERLAY, ADOPTING AN EXEMPTION TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND
MAKING FINDINGS IN SUPPORT THEREOF
VOTES NOW CAST ON MOTION: Moved by Mayor Pro Tern Kennedy, seconded by Council Member Scott,
to Introduce First Reading of Ordinance No. 1008, by title only and waive further readings. Motion carried 4-0.
G3. Public Hearing for Consideration of First Reading of Ordinance No. 1009, to be Read by Title Only and
Waive Further Reading, Amending Title 17 of the Municipal Code Permitting Electric Vehicle Sales and
Service as a By -Right Use in the Mixed Employment 2 (ME2), Corridor 1 (CO1), Corridor 2 (CO2) and
Center 2 (CE2) Zones and Amending the Land Use Definitions for Electric Vehicle Sales. This Project is
Exempt from Environmental Review Pursuant to Section 15161(b)(3) of the CEQA Guidelines.
(ORDINANCE NO. 1009) (CITY)
*DRAFT*
August 17, 2022 1 Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga I Page 5 of 7
Page 40
City Manager Gillison introduced the item and Jennifer Nakamura, Deputy Director of Planning, who gave the
staff report.
Mayor Michael opened the Public Hearing.
Max Cherubin, asked for clarification on the item.
City Manager Gillison clarified that the item is providing zones and locations where these types of businesses can
operate.
Mayor Michael closed the Public Hearing.
MOTION: Moved by Mayor Pro Tern Kennedy, seconded by Council Member Scott, to Introduce First Reading
of Ordinance No. 1009, by title only and waive further readings.
Linda Troyan, MMC, City Clerk Services Director, read the title of Ordinance No. 1009 by title only.
ORDINANCE NO. 1009
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,
APPROVING A MUNICIPAL CODE AMENDMENT PERMITTING ELECTRIC VEHICLE SALES AS A BY -RIGHT
USE IN THE MIXED EMPLOYMENT 2, CORRIDOR 1, CORRIDOR 2 AND CENTER 2 ZONES, AMENDING
THE LAND USE DEFINITIONS FOR ELECTRIC VEHICLE SALES, AND MAKING FINDINGS PURSUANT TO
CEQA
VOTES NOW CAST ON MOTION: Moved by Mayor Pro Tern Kennedy, seconded by Council Member Scott,
to Introduce First Reading of Ordinance No. 1009, by title only and waive further readings. Motion carried 4-0.
H. CITY MANAGERS STAFF REPORT(S)
H1. Consideration of Various Actions Related to the Acquisition of a New Enterprise Resource Platform (ERP)
System (CITY/FIRE)
City Manager Gillison introduced Noah Daniels, Finance Director, Shelly Munson, DoIT Director and Jenifer
Phillips, Human Resources Deputy Director, who gave the staff report for item H1.
Discussion ensued on the implementation process of the ERP system.
MOTION: Moved by Mayor Pro Tern Kennedy, seconded by Council Member Scott, to approve: 1. Agreements
with Workday, Collaborative Solutions, and Teller, and authorize the City Manager to execute those agreements
in amounts not to exceed the following over the 15 year term: a. Workday in the amount of $7,396,350; b.
Collaborative Solutions in the amount of $3,148,520, and c. Teller (Can/Am Technologies) in the amount of
$778,720 2. Approve an amendment to an existing agreement with SDI Presence, LLC (SDI) for additional ERP
project management services and consulting services and authorizing the City Manager to execute the
amendment for an additional amount of $133,760; 3. Approve appropriations for the ERP project for Fiscal Year
2022/23 as noted in the staff report; 4. Authorize the City Manager to amend agreements with Workday,
Collaborative Solutions, Teller, and SDI in the future up to a maximum total amount as noted in the staff report.
Motion carried 4-0.
I. COUNCIL BUSINESS
11. COUNCIL ANNOUNCEMENTS
None.
12. INTER -AGENCY UPDATES
*DRAFT*
August 17, 2022 1 Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga I Page 6 of 7
Page 41
None.
J. CITY ATTORNEY ITEMS
None.
K. IDENTIFICATION OF ITEMS FOR NEXT MEETING
Mayor Michael announced that the regular City Council meeting scheduled for Wednesday, September 7, 2022,
in the Council Chambers has been cancelled and rescheduled as a Special Meeting on Tuesday, September 6,
2022.
L. ADJOURNMENT
Mayor Michael adjourned the Council Meeting at 8:26 p.m.
Approved:
Respectfully submitted,
Linda A. Troyan, MMC
City Clerk Services Director
*DRAFT*
August 17, 2022 1 Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga I Page 7 of 7
Page 42
August 23, 2022
CITY OF RANCHO CUCAMONGA
CITY COUNCIL SPECIAL MEETING MINUTES
A. CALL TO ORDER
The City Council held a Special Meeting on Tuesday, August 23, 2022 in Council Chambers, 10500 Civic
Center Drive, Rancho Cucamonga, CA 91730. Mayor Pro Tern Kennedy called the meeting to order at 4:33
p.m.
Present were Council Members: Ryan Hutchison, Kristine Scott, Mayor Pro Tern Lynne Kennedy, and Mayor
L. Dennis Michael (via audio conferencing).
Mayor Pro Tern Kennedy announced that she will be presiding the meeting as Mayor Michael will be
participating via teleconference.
Also present were: Elisa Cox, Assistant City Manager and Linda A. Troyan, City Clerk Services Director.
Council Member Scott led the Pledge of Allegiance.
Assistant City Manager Cox announced that in accordance with AB 361, members of the public have the option
to participate in the City Council meeting via teleconference. Those wishing to speak during public communication
may call at the start of the meeting by dialing (909) 774-2751.
B. PUBLIC COMMUNICATIONS
None.
C. ITEMS OF DISCUSSION
C1. Consideration of Appointment of Unopposed Candidates to City Offices (Mayor and Member of the
City Council, District 3) and Canceling the Portion of the November 8, 2022, City Election for those
Offices. (RESOLUTION NO. 2022-122) (CITY)
Elisa Cox, Assistant City Manager, introduced Linda Troyan, MMC, City Clerk Services Director, who provided a verbal
report for item C1.
City Clerk Services Director Troyan, informed the City Council of the following options to consider on the
matter:
1. Adopt Resolution No. 2022-122 providing for the appointment of the lone nominated individuals to the offices
of Mayor and Member of the City Council, District 3 and canceling the election for those offices that
were to be held on November 8, 2022, pursuant to Elections Code Section 10229. (Staff's
Recommendation)
2. Take no action, with the result that the election for the offices of Mayor and Member of the City Council,
District 3 will proceed to be held on November 8, 2022.
City Clerk Services Director Troyan noted that if the Council appoints the incumbent candidates to the open
offices, those appointees will serve in office exactly as if they had been elected, starting their new term in
December 2022.
MOTION: Moved by Mayor Michael, seconded by Council Member Scott, to adopt Resolution No. 2022-122
providing for the appointment of the lone nominated individuals to the offices of Mayor and Member of the City
Council, District 3 and canceling the election for those offices that were to be held on November 8, 2022, pursuant
to Elections Code Section 10229. Roll Call Vote: Council Member Hutchison: Aye, Mayor Pro Tern Kennedy:
Aye, Council Member Scott: Aye, and Mayor Michael: Aye. Motion carried, 4-0.
August 23, 2022 1 City Council Special Meeting Minutes
City of Rancho Cucamonga I Page 1 of 2
Page 43
D. ADJOURNMENT
The meeting adjourned at 4:40 p.m.
Approved:
Respectfully submitted,
Linda A. Troyan, MMC
City Clerk Services Director
August 23, 2022 1 City Council Special Meeting Minutes
City of Rancho Cucamonga I Page 2 of 2
Page 44
DATE: October 4, 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 $2,106,637.34 and City and Fire District Weekly Check
Registers (No Checks Issued to Southern California Gas Company) in the
Total Amount of $8,025,757.39 Dated September 12, 2022, Through
September 25, 2022, and City and Fire District Electronic Debit Registers
for the Month of August in the Total Amount of $6,096,689.95.
(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 $1,101,923.14 and $1,004,714.20 for the City and
the Fire District, respectively. Weekly check register amounts are $7,200,233.05 and
$825,524.34 for the City and the Fire District, respectively. Electronic Debit Register amounts are
$5,491,720.59 and $604,969.36 for the City and the Fire District, respectively.
BACKGROUND:
N/A
ANALYSIS:
N/A
FISCAL IMPACT:
Adequate budgeted funds are available for the payment of demands per the attached listing.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
N/A
ATTACHMENTS:
Attachment 1 - Weekly Check Register
Attachment 2 - Electronic Debit Register
Page 45
CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Excluding So Calif Gas Company.
Agenda Check Register
9/12/2022 through 9/25/2022
Check No. Check Date Vendor Name Ca Fire
AP
00014820
09/14/2022
CALPINE ENERGY SERVICES LP
123,750.00
0.00
AP
00014821
09/14/2022
CIVIC SOLUTIONS INC
11,860.00
0.00
AP
00014822
09/14/2022
DIAMOND ENVIRONMENTAL SERVICES
220.68
0.00
AP
00014823
09/14/2022
ELECNOR BELCO ELECTRIC INC
47,701.07
0.00
AP
00014824
09/14/2022
ESRI
570.41
0.00
AP
00014825
09/14/2022
GOLDEN STATE RISK MANAGEMENT AUTHORITY
101,326.00
1,272.00
AP
00014826
09/14/2022
ILAND INTERNET SOLUTIONS
9,455.54
0.00
AP
00014827
09/14/2022
RICHARDS WATSON & GERSHON
5,641.60
0.00
AP
00014828
09/14/2022
RIVERSIDE, CITY OF
19,680.00
0.00
AP
00014829
09/14/2022
SAN BERNARDINO COUNTY
199.00
0.00
AP
00014830
09/14/2022
SAN BERNARDINO CTY SHERIFFS DEPT
3,850,485.00
0.00
AP
00014831
09/14/2022
SPARK HIRE INC
17,988.00
0.00
AP
00014832
09/21/2022
360 DEEP CLEANING LLC
0.00
7,038.10
AP
00014833
09/21/2022
ABSOLUTE SECURITY INTERNATIONAL INC
29,750.62
0.00
AP
00014834
09/21/2022
AMG & ASSOCIATES INC
4,227.50
564,302.14
AP
00014835
09/21/2022
ASSI SECURITY
165.00
0.00
AP
00014836
09/21/2022
BEST BEST & KRIEGER LLP
2,282.00
0.00
AP
00014837
09/21/2022
BUREAU OF RECLAMATION
973.02
0.00
AP
00014838
09/21/2022
CALIF GOVERNMENT VEBA / RANCHO CUCAMONGA
24,589.41
0.00
AP
00014839
09/21/2022
EMCOR SERVICES
18,237.00
936.33
AP
00014840
09/21/2022
INTERWEST CONSULTING GROUP INC
5,282.35
0.00
AP
00014841
09/21/2022
RCCEA
1,468.25
0.00
AP
00014842
09/21/2022
RCPFA
12,565.51
0.00
AP
00014843
09/21/2022
RIVERSIDE, CITY OF
6,909.00
0.00
AP
00014844
09/21/2022
SAN BERNARDINO COUNTY
154.00
0.00
AP
00014845
09/21/2022
SHELL ENERGY NORTH AMERICA
600,570.90
0.00
AP
00427080
09/14/2022
ABC LOCKSMITHS INC
677.83
0.00
AP
00427081
09/14/2022
ADVANCED UTILITY SYSTEMS CORP
2,760.00
0.00
AP
00427082
09/14/2022
AMERICAN PUBLIC WORKS ASSOCIATION
700.00
0.00
AP
00427083
09/14/2022
AMPED SOFTWARE USA INC
7,800.00
0.00
AP
00427084
09/14/2022
ANIMAL HEALTH DIAGNOSTIC CENTER
117.00
0.00
AP
00427085
09/14/2022
ARCHIBALD PET HOSPITAL
400.00
0.00
AP
00427086
09/14/2022
ARTISTIC RESOURCES CORPORATION
7,895.81
0.00
AP
00427087
09/14/2022
AUFBAU CORPORATION
0.00
25,440.00
AP
00427088
09/14/2022
BARBARA'S ANSWERING SERVICE
552.00
0.00
AP
00427089
09/14/2022
BERN MARIE'S PROMOTIONAL PRODUCTS
395.11
0.00
AP
00427090
09/14/2022
BEVERLY HILLS ADVANCED PAIN & SPINE
390.00
0.00
AP
00427091
09/14/2022
BRIGHTVIEW LANDSCAPE SERVICES INC
63,209.54
0.00
AP
00427092
09/14/2022
BRINKS INCORPORATED
2,549.26
0.00
AP
00427094
09/14/2022
C V W D
33,647.95
7.38
AP
00427095
09/14/2022
CAL POLY POMONA
2,850.00
0.00
AP
00427096
09/14/2022
CAMACHO, ADRIANA
3,300.00
0.00
AP
00427097
09/14/2022
CHINO MOWER & ENGINE SERVICE
323.23
0.00
AP
00427098
09/14/2022
CINTAS CORPORATION #150
0.00
31.77
AP
00427099
09/14/2022
CLIMATE RESOLVE
1,000.00
0.00
AP
00427100
09/14/2022
CODE RED HEADSETS
432.38
0.00
AP
00427101
09/14/2022
COMPUTERSHARE TRUST COMPANY NA
6,000.00
0.00
Amount
123,750.00
11,860.00
220.68
47,701.07
570.41
102,598.00
9,455.54
5,641.60
19,680.00
199.00
3,850,485.00
17,988.00
7,038.10
29,750.62
568,529.64
165.00
2,282.00
973.02
24,589.41
19,173.33
5,282.35
1,468.25
12,565.51
6,909.00
154.00
600,570.90
677.83
2,760.00
700.00
7,800.00
117.00
400.00
***
***
7,895.81
25,440.00
552.00
395.11
390.00
63,209.54
2,549.26
33,655.33 ***
2,850.00
3,300.00
323.23
31.77
1,000.00
432.38
6,000.00
User: VLOPEZ - Veronica Lopez Page: 1 Current Date: 09/26/2022
Report: CK_AGENDA REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 08:23:54
Page 46
CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Excluding So Calif Gas Company.
Agenda Check Register
9/12/2022 through 9/25/2022
Check No.
Check Date
Vendor Name
Ca
Fire
Amount
AP
00427102
09/14/2022
CONSERVE LANDCARE LLC
21,261.56
0.00
21,261.56
AP
00427103
09/14/2022
CORODATA MEDIA STORAGE INC
64.05
0.00
64.05
AP
00427104
09/14/2022
DATA ARC LLC
7,744.33
0.00
7,744.33
AP
00427105
09/14/2022
DENT, MARY
250.00
0.00
250.00
AP
00427106
09/14/2022
DEPENDABLE COMPANY INC
45.00
0.00
45.00
AP
00427107
09/14/2022
DLR GROUP INC
130,750.00
0.00
130,750.00
AP
00427108
09/14/2022
DUNN-EDWARDS CORPORATION
466.73
0.00
466.73
AP
00427109
09/14/2022
EAN SERVICES LLC
0.00
1,277.29
1,277.29
AP
00427110
09/14/2022
ELITE CUSTOMS CONSTRUCTION
2,525.00
0.00
2,525.00
AP
00427111
09/14/2022
EVERDE GROWERS
533.99
0.00
533.99
AP
00427112
09/14/2022
EWING IRRIGATION PRODUCTS INC
689.55
0.00
689.55
AP
00427113
09/14/2022
EXPERIAN
52.00
0.00
52.00
AP
00427114
09/14/2022
FACTORY MOTOR PARTS
0.00
366.10
366.10
AP
00427115
09/14/2022
FAVELA, RICHARD
2,300.00
0.00
2,300.00
AP
00427116
09/14/2022
FEDERAL SIGNAL CORPORATION
0.00
554.00
554.00
AP
00427117
09/14/2022
FERGUSON ENTERPRISES LLC #1350
500.07
0.00
500.07
AP
00427118
09/14/2022
FLEETPRIDE
0.00
26.26
26.26
AP
00427119
09/14/2022
FRANKLIN TRUCK PARTS INC
0.00
710.49
710.49
AP
00427120
09/14/2022
GENTRY GENERAL ENGINEERING INC
7,997.04
0.00
7,997.04
AP
00427121
09/14/2022
GLOBAL MUSIC RIGHTS LLC
2,000.00
0.00
2,000.00
AP
00427122
09/14/2022
GRAINGER
1,274.92
0.00
1,274.92
AP
00427123
09/14/2022
GRAYBAR ELECTRIC COMPANY INC
938.93
0.00
938.93
AP
00427124
09/14/2022
HARDY & HARPER INC
1,085,555.76
0.00
1,085,555.76
AP
00427125
09/14/2022
HELGESEN, JESSICA
324.32
0.00
324.32
AP
00427126
09/14/2022
HOLLIDAY ROCK CO INC
17,800.70
0.00
17,800.70
AP
00427127
09/14/2022
HOME DEPOT CREDIT SERVICES
2,559.96
0.00
2,559.96
AP
00427128
09/14/2022
HOSE -MAN INC
0.00
235.54
235.54
AP
00427129
09/14/2022
IDEXX DISTRIBUTION INC
2,013.35
0.00
2,013.35
AP
00427130
09/14/2022
IMAGINE COURT REPORTING
149.60
0.00
149.60
AP
00427131
09/14/2022
INLAND OVERHEAD DOOR COMPANY
1,089.30
4,738.00
5,827.30 ***
AP
00427132
09/14/2022
INLAND PRESORT & MAILING SERVICES
1,274.66
0.00
1,274.66
AP
00427133
09/14/2022
ITRON INC
8,659.76
0.00
8,659.76
AP
00427134
09/14/2022
KIZH NATION RESOURCES MANAGEMENT
822.75
0.00
822.75
AP
00427135
09/14/2022
LU, XIAOMENG
273.00
0.00
273.00
AP
00427136
09/14/2022
MARIPOSA LANDSCAPES INC
3,506.23
47.80
3,554.03 ***
AP
00427137
09/14/2022
MARLINK INC
0.00
162.00
162.00
AP
00427138
09/14/2022
MCA DIRECT
30.53
0.00
30.53
AP
00427139
09/14/2022
MIDWEST TAPE
4,408.13
0.00
4,408.13
AP
00427140
09/14/2022
MOISA, DANIEL A
792.00
0.00
792.00
AP
00427141
09/14/2022
MORGAN, AUSTIN
0.00
380.00
380.00
AP
00427142
09/14/2022
MUNICIPAL EMERGENCY SERVICES INC
0.00
642.04
642.04
AP
00427143
09/14/2022
NAPA AUTO PARTS
0.00
193.49
193.49
AP
00427144
09/14/2022
NINYO & MOORE
0.00
14,137.50
14,137.50
AP
00427145
09/14/2022
OC TANNER RECOGNITION COMPANY
407.80
0.00
407.80
AP
00427146
09/14/2022
OCCUPATIONAL HEALTH CENTERS OF CA
0.00
515.00
515.00
AP
00427147
09/14/2022
ODP BUSINESS SOLUTIONS LLC
4,535.80
0.00
4,535.80
AP
00427148
09/14/2022
ONLY CREMATIONS FOR PETS INC
1,530.00
0.00
1,530.00
User: VLOPEZ - Veronica Lopez Page: 2
Current Date: 09/26/2022
Report: CK_AGENDA REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout
Time: 08:23:54
Page 47
CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Excluding So Calif Gas Company.
Agenda Check Register
9/12/2022 through 9/25/2022
Check No.
Check Date
Vendor Name
Ca
Fire
Amount
AP
00427149
09/14/2022
ONTARIO SPAY & NEUTER INC
495.00
0.00
495.00
AP
00427150
09/14/2022
ONWARD ENGINEERING
3,190.00
0.00
3,190.00
AP
00427151
09/14/2022
OSTOS, MARISSA
813.88
0.00
813.88
AP
00427152
09/14/2022
PACIFIC MH CONSTRUCTION INC
12,951.00
0.00
12,951.00
AP
00427153
09/14/2022
PINNACLE PETROLEUM INC
42,433.66
0.00
42,433.66
AP
00427154
09/14/2022
PLANETBIDS INC
9,900.00
0.00
9,900.00
AP
00427155
09/14/2022
POSTAL PERFECT
330.00
0.00
330.00
AP
00427156
09/14/2022
POWER & TELEPHONE SUPPLY COMPANY
9,680.82
0.00
9,680.82
AP
00427157
09/14/2022
PRO -LINE INDUSTRIAL PRODUCTS INC
498.04
0.00
498.04
AP
00427158
09/14/2022
PSA PRINT GROUP
232.74
0.00
232.74
AP
00427159
09/14/2022
RDO EQUIPMENT COMPANY
97.75
0.00
97.75
AP
00427160
09/14/2022
RISE TO GRIND FOUNDATION
56.00
0.00
56.00
AP
00427161
09/14/2022
RWB PARTY PROPS INC
1,616.25
0.00
1,616.25
AP
00427162
09/14/2022
SAFECHECKS
555.36
0.00
555.36
AP
00427163
09/14/2022
SAN BERNARDINO COUNTY
0.00
12,616.16
12,616.16
AP
00427164
09/14/2022
SHOETERIA INC
353.90
0.00
353.90
AP
00427165
09/14/2022
SHOOK, BRIAN T
0.00
320.00
320.00
AP
00427166
09/14/2022
SMITH PIPE & SUPPLY INC
156.89
0.00
156.89
AP
00427167
09/14/2022
SOUTH COAST AQMD
3,268.11
0.00
3,268.11
AP
00427169
09/14/2022
SOUTHERN CALIFORNIA EDISON
95,547.11
3,872.32
99,419.43 ***
AP
00427170
09/14/2022
SOUTHERN CALIFORNIA EDISON
463.92
0.00
463.92
AP
00427171
09/14/2022
SOUTHERN CALIFORNIA LANDSCAPE INC
45,628.57
0.00
45,628.57
AP
00427172
09/14/2022
SOWLES, JULIE
1,994.14
0.00
1,994.14
AP
00427173
09/14/2022
STOTZ EQUIPMENT
61.50
0.00
61.50
AP
00427174
09/14/2022
SUPERION LLC
1,560.00
0.00
1,560.00
AP
00427175
09/14/2022
TEACHING STRATEGIES LLC
7,500.00
0.00
7,500.00
AP
00427176
09/14/2022
THOMPSON PLUMBING SUPPLY INC
22.41
0.00
22.41
AP
00427177
09/14/2022
THOMSON REUTERS - WEST
365.00
0.00
365.00
AP
00427178
09/14/2022
TIANA SANCHEZ INTERNATIONAL LLC
2,000.00
0.00
2,000.00
AP
00427179
09/14/2022
TIREHUB LLC
0.00
1,398.17
1,398.17
AP
00427180
09/14/2022
UNITED SITE SERVICES OF CA INC
305.28
0.00
305.28
AP
00427181
09/14/2022
UNITY COURIER SERVICE INC
1,450.15
0.00
1,450.15
AP
00427182
09/14/2022
UPBEAT PARADE PRODUCTIONS
18,000.00
0.00
18,000.00
AP
00427183
09/14/2022
UPS
49.69
0.00
49.69
AP
00427184
09/14/2022
URBAN ARENA
1,900.00
0.00
1,900.00
AP
00427185
09/14/2022
VAN SCOYOC ASSOCIATES INC
4,000.00
0.00
4,000.00
AP
00427186
09/14/2022
VERIZON
31.88
0.00
31.88
AP
00427187
09/14/2022
VERIZON WIRELESS - LA
46.32
0.00
46.32
AP
00427188
09/14/2022
VERIZON WIRELESS - LA
262.74
0.00
262.74
AP
00427189
09/14/2022
VERIZON WIRELESS - LA
5,378.98
0.00
5,378.98
AP
00427190
09/14/2022
VETS CHOICE RADIOLOGY
247.00
0.00
247.00
AP
00427191
09/14/2022
VICTOR MEDICAL COMPANY
170.91
0.00
170.91
AP
00427192
09/14/2022
VULCAN MATERIALS COMPANY
213.46
0.00
213.46
AP
00427193
09/14/2022
WAXIE SANITARY SUPPLY
8,564.98
0.00
8,564.98
AP
00427194
09/14/2022
WEST COAST ARBORISTS INC
32,807.80
0.00
32,807.80
AP
00427195
09/14/2022
WINGHONG , YU
94.00
0.00
94.00
AP
00427196
09/14/2022
WINNER CHEVROLET INC
34,557.04
0.00
34,557.04
User: VLOPEZ - Veronica Lopez Page: 3
Current Date: 09/26/2022
Report: CK_AGENDA REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout
Time:
08:23:54
Page 48
CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Excluding So Calif Gas Company.
Agenda Check Register
9/12/2022 through 9/25/2022
Check No.
Check Date
Vendor Name
Ca
Fire
Amount
AP
00427197
09/14/2022
WINNER CHEVROLET INC
34,557.04
0.00
34,557.04
AP
00427198
09/14/2022
ZARAGOZA, IMELDA
48.93
0.00
48.93
AP
00427199
09/14/2022
ZONES CORPORATE SOLUTIONS
207.30
0.00
207.30
AP
00427200
09/15/2022
CALIF STATE BOARD OF EQUALIZATION
28,550.00
0.00
28,550.00
AP
00427201
09/15/2022
ONTARIO WINNELSON CO
93.38
0.00
93.38
AP
00427202
09/15/2022
SAFETY-KLEEN SYSTEMS INC
408.80
0.00
408.80
AP
00427203
09/21/2022
ABLE BUILDING MAINTENANCE
14,252.00
0.00
14,252.00
AP
00427204
09/21/2022
ADAPT CONSULTING INC
1,359.94
0.00
1,359.94
AP
00427205
09/21/2022
AFLAC GROUP INSURANCE
24.58
0.00
24.58
AP
00427206
09/21/2022
AIRGAS USA LLC
219.71
0.00
219.71
AP
00427207
09/21/2022
ARROW TRAILER SUPPLIES INC
1,444.99
0.00
1,444.99
AP
00427208
09/21/2022
AYSO
506.35
0.00
506.35
AP
00427209
09/21/2022
BIBLIOTHECA LLC
4,003.53
0.00
4,003.53
AP
00427210
09/21/2022
BRODART CO
9,654.28
0.00
9,654.28
AP
00427211
09/21/2022
C V W D
14,196.39
896.15
15,092.54 ***
AP
00427212
09/21/2022
CALIF DEPT OF TAX & FEE ADMINISTRATION
125.36
670.86
796.22 ***
AP
00427213
09/21/2022
CALIFORNIA, STATE OF
150.00
0.00
150.00
AP
00427214
09/21/2022
CALIFORNIA, STATE OF
50.00
0.00
50.00
AP
00427215
09/21/2022
CALIFORNIA, STATE OF
50.00
0.00
50.00
AP
00427216
09/21/2022
CALIFORNIA, STATE OF
342.73
0.00
342.73
AP
00427217
09/21/2022
CALIFORNIA, STATE OF
32.26
0.00
32.26
AP
00427218
09/21/2022
CANGENI, PAUL A
10.00
0.00
10.00
AP
00427219
09/21/2022
CARQUEST AUTO PARTS
1,633.63
0.00
1,633.63
AP
00427220
09/21/2022
CHAMPION FIRE SYSTEMS INC
834.00
0.00
834.00
AP
00427221
09/21/2022
CINTAS CORPORATION #150
5,068.93
661.87
5,730.80 ***
AP
00427222
09/21/2022
CITIZENS BUSINESS BANK
222.50
29,700.11
29,922.61 ***
AP
00427223
09/21/2022
CLARK, KAREN
48.00
0.00
48.00
AP
00427224
09/21/2022
DAISYECO INC
223.95
0.00
223.95
AP
00427225
09/21/2022
DEPARTMENT OF JUSTICE
1,269.00
0.00
1,269.00
AP
00427226
09/21/2022
DIRECTV
120.00
0.00
120.00
AP
00427227
09/21/2022
EXPRESS BRAKE SUPPLY INC
649.26
0.00
649.26
AP
00427228
09/21/2022
FEDERAL EXPRESS CORP
37.72
0.00
37.72
AP
00427229
09/21/2022
FEDERAL EXPRESS CORP
16.80
0.00
16.80
AP
00427230
09/21/2022
FIRST AID 2000
3,722.92
0.00
3,722.92
AP
00427231
09/21/2022
FORTIN LAW GROUP
6,844.50
0.00
6,844.50
AP
00427232
09/21/2022
FOSTER, ROBERT
13.45
0.00
13.45
AP
00427233
09/21/2022
FRONTIER COMM
706.82
591.09
1,297.91 ***
AP
00427234
09/21/2022
FRONTIER COMM
171.41
399.94
571.35 ***
AP
00427235
09/21/2022
FUEL SERV
1,420.00
4,493.74
5,913.74 ***
AP
00427236
09/21/2022
FUN SERVICE
8,487.50
0.00
8,487.50
AP
00427237
09/21/2022
G/M BUSINESS INTERIORS
68.51
0.00
68.51
AP
00427238
09/21/2022
GARON WYATT INVESTIGATIVE SERVICES
2,787.27
0.00
2,787.27
AP
00427239
09/21/2022
GATEWAY PET CEMETERY & CREMATORY
300.00
0.00
300.00
AP
00427240
09/21/2022
GRAINGER
260.46
0.00
260.46
AP
00427241
09/21/2022
HI -LINE ELECTRIC COMPANY
112.63
0.00
112.63
AP
00427242
09/21/2022
HUMANE SOCIETY OF SAN BERNARDINO VALLEY
277.25
0.00
277.25
AP
00427243
09/21/2022
IDEXX DISTRIBUTION INC
491.61
0.00
491.61
User: VLOPEZ - Veronica Lopez Page: 4
Current Date: 09/26/2022
Report: CK_AGENDA REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout
Time:
08:23:54
Page 49
CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Excluding So Calif Gas Company.
Agenda Check Register
9/12/2022 through 9/25/2022
Check No.
Check Date
Vendor Name
Ca
Fire
Amount
AP
00427244
09/21/2022
INK SLINGER SCREEN PRINTING & EMBROIDERY
1,161.55
0.00
1,161.55
AP
00427245
09/21/2022
INLAND OVERHEAD DOOR COMPANY
0.00
399.00
399.00
AP
00427246
09/21/2022
INTERSTATE ALL BATTERY CENTER
619.57
0.00
619.57
AP
00427247
09/21/2022
JOHNNY ALLEN TENNIS ACADEMY
3,326.40
0.00
3,326.40
AP
00427248
09/21/2022
KEYSER MARSTON ASSOCIATES INC
280.00
0.00
280.00
AP
00427249
09/21/2022
LIFE -ASSIST INC
0.00
6,324.38
6,324.38
AP
00427252
09/21/2022
LOWES COMPANIES INC
10,807.55
749.98
11,557.53 ***
AP
00427253
09/21/2022
MAIN STREET SIGNS
1,895.93
0.00
1,895.93
AP
00427254
09/21/2022
MARIPOSA LANDSCAPES INC
1,477.58
0.00
1,477.58
AP
00427255
09/21/2022
MARK CHRISTOPHER INC
620.34
0.00
620.34
AP
00427256
09/21/2022
MCFADDEN-DALE HARDWARE
905.36
0.00
905.36
AP
00427257
09/21/2022
MCI
36.97
0.00
36.97
AP
00427258
09/21/2022
MEDINA, MARK
180.35
0.00
180.35
AP
00427259
09/21/2022
MEDIWASTE DISPOSAL
40.00
0.00
40.00
AP
00427260
09/21/2022
MERCURY DISPOSAL SYSTEMS INC
1,691.65
0.00
1,691.65
AP
00427261
09/21/2022
NAPA AUTO PARTS
53.86
235.67
289.53 ***
AP
00427262
09/21/2022
NV51NC
10,576.50
0.00
10,576.50
AP
00427263
09/21/2022
OCCUPATIONAL HEALTH CENTERS OF CA
2,059.00
0.00
2,059.00
AP
00427264
09/21/2022
ODP BUSINESS SOLUTIONS LLC
2,842.79
375.18
3,217.97 ***
AP
00427265
09/21/2022
ONTARIO SPAY & NEUTER INC
830.00
0.00
830.00
AP
00427266
09/21/2022
PACIFIC MH CONSTRUCTION INC
16,490.20
0.00
16,490.20
AP
00427267
09/21/2022
PETER ZAVALA MUSIC LLC
2,900.00
0.00
2,900.00
AP
00427268
09/21/2022
PORAC
168.00
0.00
168.00
AP
00427269
09/21/2022
PORAC LEGAL DEFENSE FUND
252.00
0.00
252.00
AP
00427270
09/21/2022
PRE -PAID LEGAL SERVICES INC
53.36
0.00
53.36
AP
00427271
09/21/2022
PSA PRINT GROUP
116.37
0.00
116.37
AP
00427272
09/21/2022
QUINN COMPANY
6,499.23
0.00
6,499.23
AP
00427273
09/21/2022
RANCHO CUCAMONGA LIBRARY FOUNDATION
13,000.00
0.00
13,000.00
AP
00427274
09/21/2022
RANCHO SMOG CENTER
134.85
0.00
134.85
AP
00427275
09/21/2022
RANCHO WEST ANIMAL HOSPITAL
100.00
0.00
100.00
AP
00427276
09/21/2022
RAPP, SCOTT
102.41
0.00
102.41
AP
00427277
09/21/2022
RDO EQUIPMENT COMPANY
488.36
0.00
488.36
AP
00427278
09/21/2022
RHA LANDSCAPE ARCHITECTS -PLANNERS INC
3,450.00
0.00
3,450.00
AP
00427279
09/21/2022
SAFE -ENTRY TECHNICAL INC
0.00
100.00
100.00
AP
00427280
09/21/2022
SAFETY CENTER INC
3,100.00
0.00
3,100.00
AP
00427281
09/21/2022
SAM'S CLUB/SYNCHRONY BANK
48.49
0.00
48.49
AP
00427282
09/21/2022
SAN BERNARDINO CLERK OF THE BOARD OF
50.00
0.00
50.00
AP
00427283
09/21/2022
SAN BERNARDINO COUNTY
15,443.92
0.00
15,443.92
AP
00427284
09/21/2022
SBPEA
2,477.88
0.00
2,477.88
AP
00427285
09/21/2022
SHRED PROS
60.00
0.00
60.00
AP
00427286
09/21/2022
SIDEPATH INC
137,192.16
137,192.13
274,384.29 ***
AP
00427287
09/21/2022
SITEONE LANDSCAPE SUPPLY LLC
100.75
0.00
100.75
AP
00427288
09/21/2022
SITUMEANG, SUHAEMI
199.60
0.00
199.60
AP
00427292
09/21/2022
SOUTHERN CALIFORNIA EDISON
21,042.93
0.00
21,042.93
AP
00427293
09/21/2022
SOUTHERN CALIFORNIA EDISON
271.20
0.00
271.20
AP
00427294
09/21/2022
SOVIC DESIGNS LLC
4,500.00
0.00
4,500.00
AP
00427295
09/21/2022
SPECIAL SERVICES GROUP LLC
80.81
0.00
80.81
User: VLOPEZ - Veronica Lopez Page: 5
Current Date: 09/26/2022
Report: CK_AGENDA REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout
Time: 08:23:54
Page 50
CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Excluding So Calif Gas Company.
Agenda Check Register
9/12/2022 through 9/25/2022
Check No.
Check Date
Vendor Name
Ca
Fire
Amount
AP
00427296
09/21/2022
STABILIZER SOLUTIONS INC
862.50
0.00
862.50
AP
00427297
09/21/2022
STOTZ EQUIPMENT
1,047.22
0.00
1,047.22
AP
00427298
09/21/2022
SULLIVAN, DANIELLE
500.00
0.00
500.00
AP
00427299
09/21/2022
SUNRISE FORD
1,858.61
0.00
1,858.61
AP
00427300
09/21/2022
SYCAMORE VILLA MOBILE HOME PARK
300.00
0.00
300.00
AP
00427301
09/21/2022
TAYLOR, RONALD
235.00
0.00
235.00
AP
00427302
09/21/2022
TIREHUB LLC
568.67
0.00
568.67
AP
00427303
09/21/2022
TKO INC
6,000.00
0.00
6,000.00
AP
00427304
09/21/2022
TORO TOWING
200.00
0.00
200.00
AP
00427305
09/21/2022
U.S. BANK PARS ACCT #6746022500
1,024.76
0.00
1,024.76
AP
00427306
09/21/2022
U.S. BANK PARS ACCT #6746022500
11,486.38
0.00
11,486.38
AP
00427307
09/21/2022
U.S. BANK PARS ACCT #6745033700
6,605.00
0.00
6,605.00
AP
00427308
09/21/2022
UC REGENTS
140.00
0.00
140.00
AP
00427309
09/21/2022
UNITED WAY
35.00
0.00
35.00
AP
00427310
09/21/2022
UNIVERSAL FLEET SUPPLY
0.00 202.23
202.23
AP
00427311
09/21/2022
UPS
58.83
0.00
58.83
AP
00427312
09/21/2022
URBAN3
13,496.00
0.00
13,496.00
AP
00427313
09/21/2022
VAN SCOYOC ASSOCIATES INC
4,000.00
0.00
4,000.00
AP
00427314
09/21/2022
VERIZON BUSINESS
42.17
0.00
42.17
AP
00427315
09/21/2022
VICTOR MEDICAL COMPANY
846.82
0.00
846.82
AP
00427316
09/21/2022
VICTORIA ANIMAL HOSPITAL
200.00
0.00
200.00
AP
00427317
09/21/2022
VIRGIN PULSE INC
3,183.15
0.00
3,183.15
AP
00427318
09/21/2022
VISION SERVICE PLAN CA
10,731.98
0.00
10,731.98
AP
00427319
09/21/2022
VOGEL, COLBY
10,000.00
0.00
10,000.00
AP
00427320
09/21/2022
VULCAN MATERIALS COMPANY
694.69
0.00
694.69
AP
00427321
09/21/2022
WAXIE SANITARY SUPPLY
7,795.42
0.00
7,795.42
AP
00427322
09/21/2022
WESTRUX INTERNATIONAL INC
0.00 1,312.13
1,312.13
AP
00427323
09/21/2022
WHITE, VANESSA
285.52
0.00
285.52
AP
00427324
09/21/2022
WILLDAN GROUP
6,300.00
0.00
6,300.00
AP
00427325
09/21/2022
WILSON & BELL AUTO SERVICE
1,463.98
0.00
1,463.98
AP
00427326
09/21/2022
WOLFE, SARAH
50.00
0.00
50.00
AP
00427327
09/21/2022
WORK BOOT WAREHOUSE
289.85
0.00
289.85
AP
00427328
09/21/2022
YANG, YEPENG
96.82
0.00
96.82
Total City:
$7,200,233.05
Total Fire:
$825,524.34
Grand Total:
$8,025,75733
Note:
k k k Check Number includes both City and Fire District expenditures
User: VLOPEZ - Veronica Lopez Page: 6 Current Date: 09/26/2022
Report: CK_AGENDA REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 08:23:54
Page 51
CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Electronic Debit Register
AUGUST 1, 2022 TO AUGUST 31, 2022
DATE
DESCRIPTION
CITY
FIRE
AMOUNT
8/1
WIRE PAYMENT - RCMU CAISO
4,871.92
4,871.92
8/2
Bank Fee
112.35
112.35
8/2
U.S. BANK - Purchasing Card, Corporate Card and Costco Card Payment
110,476.69
29,682.66
140,159.35
8/8
WIRE PAYMENT - RCMU CAISO
32,476.69
32,476.69
8/8
Workers Comp - Fire Account Transfer
35.00
35.00
8/10
CALPERS - City - Retirement Account Deposit
69,217.62
69,217.62
8/10
CALPERS - City - Retirement Account Deposit
100,191.57
100,191.57
8/10
CALPERS - Fire - Retirement Account Deposit
2,788.66
2,788.66
8/10
CALPERS - Fire - Retirement Account Deposit
3,492.15
3,492.15
8/10
CALPERS - Fire - Retirement Account Deposit
5,210.11
5,210.11
8/10
CALPERS - Fire - Retirement Account Deposit
10,492.29
10,492.29
8/10
CALPERS - Fire - Retirement Account Deposit
37,156.87
37,156.87
8/10
CALPERS - Fire - Retirement Account Deposit
97,356.15
97,356.15
8/10
WIRE PAYMENT - DEBT SERVICE
49,608.61
49,608.61
8/10
WIRE PAYMENT - DEBT SERVICE
50,988.89
50,988.89
8/10
WIRE PAYMENT - DEBT SERVICE
120,727.42
120,727.42
8/10
WIRE PAYMENT - DEBT SERVICE
202,460.54
202,460.54
8/10
WIRE PAYMENT - DEBT SERVICE
475,324.78
475,324.78
8/10
WIRE PAYMENT - DEBT SERVICE
513,926.01
513,926.01
8/10
WIRE PAYMENT - DEBT SERVICE
161,390.29
161,390.29
8/10
WIRE PAYMENT - DEBT SERVICE
857,255.67
857,255.67
8/10
WIRE PAYMENT - DEBT SERVICE
1,829,804.18
1,829,804.18
8/10
WIRE PAYMENT - DEBT SERVICE
408,652.57
408,652.57
8/11
CALPERS - Fire - Retirement Account Deposit
580.69
580.69
8/11
CALPERS - Fire - Retirement Account Deposit
790.21
790.21
8/11
CALPERS - Fire - Retirement Account Deposit
2,859.29
2,859.29
8/11
CALPERS - Fire - Retirement Account Deposit
23,714.76
23,714.76
8/11
STATE DISBURSEMENT UNIT - Child Support Payments
3,534.45
3,534.45
8/11
STATE DISBURSEMENT UNIT - Child Support Payments
1,270.50
1,270.50
8/12
CALPERS - Fire - Retirement Account Deposit
1,751.94
1,751.94
8/15
WIRE PAYMENT - RCMU CAISO
21,028.93
21,028.93
8/15
Workers Comp - Fire Account Transfer
580.00
580.00
8/18
CALPERS - Fire - Retirement Account Deposit
183,546.52
183,546.52
8/18
WIRE PAYMENT - RCMU CAISO
4,320.87
4,320.87
8/22
WIRE PAYMENT - RCMU CAISO
172,479.18
172,479.18
8/23
Workers Comp - City Account Transfer
7,126.05
7,126.05
8/23
Workers Comp - Fire Account Transfer
1,019.60
1,019.60
8/25
CALPERS - Fire - Retirement Account Deposit
2,100.00
2,100.00
8/25
CALPERS - City - Retirement Account Deposit
4,425.45
4,425.45
8/25
CALPERS - City - Retirement Account Deposit
72,502.36
72,502.36
8/25
CALPERS - City - Retirement Account Deposit
100,963.07
100,963.07
8/25
CALPERS - Fire - Retirement Account Deposit
2,788.66
2,788.66
8/25
CALPERS - Fire - Retirement Account Deposit
3,492.15
3,492.15
8/25
CALPERS - Fire - Retirement Account Deposit
5,436.19
5,436.19
8/25
CALPERS - Fire - Retirement Account Deposit
10,564.61
10,564.61
8/25
CALPERS - Fire - Retirement Account Deposit
37,553.42
37,553.42
8/25
CALPERS - Fire - Retirement Account Deposit
97,464.84
97,464.84
8/25
STATE DISBURSEMENT UNIT - Child Support Payments
3,534.45
3,534.45
8/25
STATE DISBURSEMENT UNIT - Child Support Payments
1,270.50
1,270.50
8/29
WIRE PAYMENT - RCMU CAISO
50,084.89
50,084.89
8/31
U.S. BANK - Purchasing Card, Corporate Card and Costco Card Payment
68,762.99
37,443.69
106,206.68
TOTAL CITY 5,491,720.59
TOTAL FIRE 604,969.36
GRAND TOTAL 6,096,689.95
1 Page 52
DATE: October 4, 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: Julie A. Sowles, Deputy City Manager of Civic and Cultural Services
Linda A. Troyan, MMC, City Clerk Services Director
SUBJECT: AB 361 Findings for Special Brown Act Requirements for Teleconference.
(CITY/FIRE)
RECOMMENDATION:
Staff recommends that the City Council/Board of Directors of the Fire Protection District make the
following findings to support the continuation of virtual meetings for the City's legislative
bodies: (1) the City Council has reconsidered the circumstances of the COVID-19 state of
emergency; and (2) the COVID-19 state of emergency continues to directly impact of the ability
of the members of the City's legislative bodies to meet safely in person.
BACKGROUND:
On March 4, 2020, Governor Newsom proclaimed a state of emergency in California due to the
spread of COVID-19. This proclamation remains in effect. The Governor subsequently issued
numerous executive orders suspending or modifying state laws to facilitate the response to the
emergency. Among other things, these executive orders superseded certain Brown Act
requirements and established special rules to give local public agencies greater flexibility to
conduct teleconference meetings. The special rules included provisions allowing local public
agencies to conduct teleconference meetings without having to provide a physical location from
which the public may attend or comment; without having to use teleconference locations that are
publicly accessible; and without having to identify teleconference locations on the agenda. Those
special rules expired on September 30, 2021.
On September 16, 2021, in anticipation of then -imminent expiration of his special rules for
teleconference meetings, Governor Newsom signed AB 361. In key part, this bill amends the
Brown Act to establish special requirements for teleconference meetings if a legislative body of a
local public agency makes two findings pursuant to Government Code Section 54953(e)(3). Like
the special rules in the Governor's executive orders, the special Brown Act requirements in AB
361 include provisions allowing public agencies to conduct teleconference meetings without
having to use teleconference locations that are publicly accessible; and without having to identify
teleconference locations on the agenda. The AB 361 special Brown Act requirements are
scheduled be repealed on January 1, 2024.
For a local public agency to be subject to the AB 361 special Brown Act requirements for
teleconference meetings, a legislative body of a local public agency first must make a finding that
Page 53
it has reconsidered the circumstances of a declared state of emergency. Second, there must be
a finding that such emergency continues to directly impact the ability of legislative body members
to meet safely in person. Alternatively, for the second finding, there must be a finding that state
or local officials continue to impose or recommend social distancing measures. These findings
must be made within 30 days after the first teleconference under AB 361 and on a monthly basis
thereafter.
ANALYSIS:
Due to the continuing, rapid spread of the Omicron and Delta variants of COVID-19, staff is
recommending that the City Council make the necessary findings in order to continue holding
teleconference meetings. The findings were first made at the January 5, 2022, City Council
meeting. Federal and state officials continue to recommend social distancing measures, including
limiting in -door gatherings, to limit the spread of the highly transmissible Omicron variant of
COVID-19.
It is expected that virtual meetings will only be conducted pursuant to AB 361 where a City Council
Member or other member of a commission/committee is unable to meet in person due to exposure
to COVID-19. Under AB 361, the public must also be given an opportunity to participate in a virtual
meeting via a teleconference option, and the amended agenda provides call -in information.
However, the public will continue to be permitted to attend the meeting in person. It is unclear if
future meetings will require teleconferencing.
FISCAL IMPACT:
No fiscal impact is created by this item. The City already has the necessary equipment to conduct
teleconferenced meetings.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
This item will allow Council Members and other commissions/committees and the public to safely
participate in public meetings.
ATTACHMENTS:
None.
Page 2
Page 54
DATE: October 4, 2022
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: William Wittkopf, Public Works Services Director
Jeff Benson, Parks and Landscape Maintenance Superintendent
Ruth Cain, CPPB, Procurement Manager
SUBJECT: Consideration of the Purchase of Fertilizer and Pesticides on an as
Needed Basis from Nutrien Ag Solutions and Wilbur -Ellis Co. in an
Amount Not to Exceed $138,200. (CITY)
RECOMMENDATION:
Staff recommends that the City Council award the purchase of fertilizer and pesticides on an as
needed basis from Nutrien Ag Solutions and Wilbur -Ellis Co. in accordance with Request for Bids
(RFB) #22/23-103, in an amount not to exceed $138,200 during FY 2022/2023, to be funded from
various City and Special District accounts.
BACKGROUND:
The Public Works Services Department applies fertilizer and pesticides in the landscape areas
throughout the City. The use of general and specialized fertilizers helps to improve plant and turf
health. The properly scheduled distribution of these fertilizers will stimulate healthy root and plant
structure growth. The City's urban forest also benefits from the availability of the appropriate
fertilizers and pesticides that help strengthen and stimulate proper growth. The application of
approved pesticides helps reduce and/or eliminate unwanted pests and weeds that can impact
landscape health and appearance, while reducing the public's exposure to pest related injuries
such as Red Fire Ants or Goathead weeds in our parks, landscape areas, and paseos. Having
the capability to purchase on an "as needed basis" through a variety of vendors will help the
Department's ability to respond rapidly and with the appropriate materials to achieve the
application goals throughout the year. Having two vendors providing the fertilizer and pesticides
helps maximize availability and accessibility to the materials used throughout the City and
eliminates the potential impacts associated with the storage of these materials.
ANALYSIS:
The Public Works Services Department provided the Purchasing Division with specifications for
review and to determine the best method of procurement. The Purchasing Division prepared and
posted a formal Request for Bid (RFB) #22/23-103 for "Fertilizer and Pesticides Supplies on an
As Needed Basis" for one (1) year firm fixed pricing to the City's automated procurement system.
This bid was solicited as a split award to provide the greatest flexibility in staff's ability to find the
materials needed at the best price. There was a total of Thirty -Six (36) vendors that were notified
and Eleven (11) prospective bidders that downloaded the solicitation documentation. Four (4) bid
responses were received. Nutrien Ag Solutions and Wilbur -Ellis Co. were the two (2) lowest
Page 55
responsive bidders. All applicable bid documentation is on file in the City's electronic bidding
system and can be accessed through the City's web page.
FISCAL IMPACT:
While the bid process provides the best pricing available, staff will continue to operate within the
limits set in the adopted General and Special Fund budgets.
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
This item addresses the City Council's Core Values of providing and nurturing a high quality of
life for all by promoting and enhancing a safe and healthy community.
ATTACHMENTS:
None.
Page 2
Page 56
DATE: October 4, 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
Frank Lopez, Assistant City Engineer
Romeo M. David, Associate Engineer
SUBJECT: Consideration to Accept as Complete, File the Notice of Completion and
Authorize Release of Retention and Bonds for the Rochester Avenue
Pavement Rehabilitation Project. (CITY)
RECOMMENDATION:
Staff recommends that the City Council:
1. Accept the Rochester Avenue Pavement Rehabilitation, Contract No. 2021-141 (Project),
as complete;
2. Approve the final contract amount of $1,714,734;
3. Authorize the City Engineer to file a Notice of Completion and release of the project
retention, 35 days after recordation of Notice of Completion, subject to any withholding
requirements due to any outstanding stop notices, liens, assessments, etc.;
4. Authorize the release of the Faithful Performance Bond 35 days after recordation of Notice
of Completion and accept a Maintenance Guarantee Bond;
5. Authorize the release of the Labor and Materials Bond in the amount of $1,727,000, six
months after the recordation of said notice if no claims have been received and there are
no outstanding payment disputes between the general contractor and subcontractors,
materialmen, laborers, etc.;
6. Authorize the City Engineer to approve the release of the Maintenance Bond one year
following the filing of the Notice of Completion if the improvements remain free from
defects in material and workmanship.
BACKGROUND:
On December 15, 2021, the City Council awarded a construction contract to Onyx Paving
Company, Inc., in the amount of $1,727,000 plus 10% contingency in the amount of $172,700 to
address unforeseen construction related incidentals. A vicinity map illustrating the location and
segments of Rochester Avenue that received pavement overlay is included as Attachment 1. A
copy of the December 15, 2021, City Council Staff Report is on file with the City Clerk. The scope
of work consisted of cold milling, routing and crack sealing, asphalt rubber hot mix overlay,
adjusting existing manholes, clean -outs, water meters, and valves to new grade, installation of
Page 57
pavement markers, signage, striping, upgrading existing curb ramps, video detection, green bike
lane thermoplastic striping and related items of work per plans.
ANALYSIS:
The subject project has been completed in accordance with the approved plans and specifications
and to the satisfaction of the City Engineer. The net increase in the total cost of the project is a
result of four (4) Change Orders, including the final balancing statement, which are summarized
below:
Change Order No.1: Metrolink Fees and Flaggers, additional insurance required by Metrolink.
The change in contract cost due to this change order is an increase of $15,652.
Change Order No.2: Additional striping and signing for preformed thermoplastic bicycle shared
lane symbol in place of initial proposed striping. The change in contract cost due to this change
order is an increase of $5,539.
Change Order No.3: Railroad right-of-way grind and pave area, work includes remobilization and
re -striping. The change in contract cost due to this change order is an increase of $19,500.
Change Order NoA: The balancing statement for the project. The balancing statement conforms
the final contract quantities to the actual quantities placed or constructed during the contract. The
notable change is a deduction in the amount of ($52,957) resulting from a reduction of Asphalt
Rubber Hot Mix in the final quantities placed under contract.
At the end of the one-year maintenance period, if the improvements remain free from defects in
materials and workmanship, the City Clerk will release the Maintenance Bond upon approval by
the City Engineer.
FISCAL IMPACT:
Expenditure
Amount
Final Construction Contract
$1,714,734
Construction Inspection Services
$50,638
Construction Materials Testing
$46,900
Construction Survey Services
$39,776
Total Project Cost
$1,852,048
A total of $186,941 remains in the budget for this project and will be returned to the RMRA SB1
(Fund 179) and Measure I (Fund 177) fund balances to be used for future capital improvement
projects.
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
This project meets the City Council core values by promoting and enhancing a safe and healthy
community for all, and by providing continuous improvement through the construction of high -
quality public improvements.
ATTACHMENTS:
Attachment 1 - Vicinity Map
Page 2
Page 58
ATTACHMENT 1
PROJECT# 800-2021-06
" ROCHESTER AVENUE PAVEMENT REHABILITATION
6TH STREET TO ARROW ROUTE"
AND
BASE LINE ROAD TO HIGHLAND AVE
NOT TO SCALE
r+ Almond St
Deer Creek
�■
Channel
I
I
�
�
a
Hillside Rd
Hlllslde Rd Fdl5ide Rd
yf■ I
�1011
,� y�llson Ave
Wilson Ave
o
fro,
X'�;
` Thorougfipred`'
ar
Chaffey •■
�A
+
ro
College School
k
Banyan St Sanyan 5t
c
'�Banyr St
o
w
catch ►
�. Lemon Ave
Lemon Ave yi�tia9er
Vlrrf� }
Basin^
n Alta Lama Dr
Alta Lorna
v+
• rt
ro
victoria Sr Grapeland
m
Etiwanda
I
ro
Ln
N
4
4
Upland Hills
°
> �
k
U
P
��
Count club Base Llne Rd
n
d
R
c �
f
y
O L
<
�,
Proiect Site
lath sr r �,'
a
m
�
, �
�
IS w
T
4
a
�
Ranchorb
a
Cucamonga
raw Hwy
Arrow R[e Arrow RtP
2
CM
Y m
ro rn
9th St m
North Jersey Blvd
Iihiltf-� Ave
19
Kar52C
E 8rh 91- + ■ ■ Sth St
Cucamonga
at
Proiect Site—
E 7th Sr •
z
>
w
a
a
*k
n
4 2 }
E 6th 5t @
< 6th St c
�
0.
E 7
2
<
2 @
E Atl Styen
yti
San Bernardino Ave
Project Site
Page 59N
DATE: October 4, 2022
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Jennifer Hunt-Gracia, Community Services Director
Elisa Garcia, Management Aide
Ruth Cain, Procurement Manager
SUBJECT: Consideration of an Award to Southern California Sound Image, Inc. and
Authorization of a Budget Transfer in the Amount of $115,770 for the
Purchase of a Theatrical Public Address (PA) System for the Lewis Family
Playhouse. (CITY)
RECOMMENDATION:
Staff recommends the City Council approve an award to the lowest responsive bidder, Southern
California Sound Image, Inc., for the purchase of a replacement Theatrical Public Address (PA)
System for the Lewis Family Playhouse at the Victoria Gardens Cultural Center, in accordance
with RFB No. 22/23-100. In addition, authorize a budget transfer in the amount of $115,770 from
1001407-5300/5415407-00005300 to 1001407-5603/5005407-00005603 for this expense.
BACKGROUND:
The City of Rancho Cucamonga installed the current Yamaha Nexo Geo Theatrical Public
Address (PA) System in 2005 during the theater's original construction. Since its initial installation,
the system has proven to be underpowered and inadequate for the space, resulting in the rental
of additional sound equipment for many shows. After 17 years of use, much of the equipment is
obsolete and no longer being supported by the manufacturer.
Recently, the Cultural Center staff sought the assistance of a sound designer to determine
specifications for necessary equipment that will better meet the space's needs and provide the
best sound in the Playhouse. The information provided was used to determine the specifications
for this bid and ensure ample sound in the venue, thereby meeting the artists' needs without the
use of a third -party rental equipment.
The portable pieces of the existing system, e.g., speakers and amplifiers, will be repurposed and
used in the courtyard upon completion of the Cultural Center Courtyard Redesign capital project.
ANALYSIS:
The Community Services Department provided specifications to the Procurement Department for
the purchase of a Theatrical Public Address (PA) System. The Procurement Department prepared
and posted a formal Request for Bid (No. 22/23-100). The bid was opened on July 18, 2022, and
closed on August 3, 2022. A total of thirty-one (31) prospective bidders downloaded bid
documents, and ultimately two (2) bid responses were received. Results were tabulated, and it
was determined that Southern California Sound Image, Inc. was the lowest, most responsive
bidder for the purchase.
Copies of all supporting documents are on file with the City Clerk and Procurement Offices.
Page 60
FISCAL IMPACT:
This procurement will not create a negative impact on the General Fund's budget. The Community
Services Department is requesting approval for a budget transfer of $115,762 from Victoria
Gardens - Contract Services (1001407-5300/5415407-00005300) to Victoria Gardens - Capital
Equipment(1001407-5603/5005407-00005603).
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
This effort supports the vision and values of the City Council by building on our success as a
world -class community to find a sustainable means to continue presenting high -quality arts and
entertainment through continuous improvements and anticipation of future needs.
ATTACHMENTS:
None.
Page 2
Page 61
DATE: October 4, 2022
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Matthew R. Burris, AICP, Deputy City Manager, Community & Economic
Development
Matt Marquez, Director of Planning & Economic Development
SUBJECT: Consideration of a Professional Services Agreement with Lisa Wise
Consulting, Inc. for the Development of an Economic Development
Strategic Pan for a Total Not to Exceed $82,500. (CITY)
RECOMMENDATION:
Staff recommends that the City Council award a professional services agreement with Lisa Wise
Consulting Inc. to develop an Economic Development Strategic Plan (EDSP) in the amount of
$75,000 and include a contingency of $7,500 for a total not to exceed of $82,500.
BACKGROUND:
With the recent completion of the General Plan Update, there is an opportunity and a need for an
updated EDSP to support the City's economic development efforts.
The City's last EDSP was developed in February of 2015. That policy document helped guide
the City's economic development priorities and activities for the last several years and was
generated due to changing conditions at that time, including a national recession and recovery,
and the end of redevelopment. The 2015 plan identified economic development related
advantages and disadvantages in the City, and included strategies and actions to strengthen the
advantages and address disadvantages or gaps. Along with this, the following seven priority
areas were developed to help focus the City's efforts:
1. Office Development
2. Retail Development & Revitalization
3. Business Outreach & Support
4. Industrial Development & Retention
5. Hospitality
6. Workforce Development
7. Marketing & Communications
The City's recently updated General Pan sets forth an updated vision for Rancho Cucamonga
grounded in the community values of Health, Equity, and Stewardship. Due to the age of the last
EDSP, the economic shifts brought on by the COVID pandemic, and the recently updated General
Plan, there is a need to develop an updated strategy for economic development.
Page 62
ANALYSIS:
As the City continues with its economic development efforts and works toward establishing itself
as the cultural and economic hub of the Inland Empire, a comprehensive update to its strategy
for doing so is needed. With the recent economic changes and the vision set by the General Plan
update, it is crucial we establish an updated roadmap to building our local economy. Staff
envisions scope tasks including, but not necessarily being limited to, the following:
1. Background Data Review
a. Review of previous EDSP & relevant background data
b. Review employment data, sales tax data, etc.
2. Leading Industry Sectors Analysis
a. Review of City industry sectors to identify leading and unique/specialized features
and opportunities
b. Identify leading private sector employers
c. Develop an inventory of civic assets, attractions, and unique activities in the City
3. Competitive Market Areas Analysis
a. Regional assessment and identification of communities that compete with Rancho
Cucamonga for retention and attraction of businesses and service providers
across land uses and industry sectors
b. Develop inventory of attributes and assets in competitive market
4. Opportunities & Challenges Analysis
a. Identify opportunities and challenges to strengthen the City's economy. To include
consideration of policy, economic, social, and technology driven changes.
If this item is approved by the City Council, work on the new EDSP will be done in concert with
the development of a comprehensive marketing and communications plan for economic
development. While these may be separate documents produced by different consultants, they
will be created concurrently and in practice work together with one another.
Staff is recommending that single -source award be made to Lisa Wise Consulting, Inc. for the
development of the City's Economic Development Strategic Plan. This firm was a member of the
team that helped develop the City's updated General Plan and was primarily responsible for
preparing the City's recent Development Code update. Additionally, Lisa Wise Consulting
supported the City with an update of industrial development standards. Understanding that fiscal
implications can vary based on different development patterns, their work was both rooted in and
focused on economic realities and the City's fiscal goals. As such, this firm offers unique
experience and understanding to the EDSP update effort. Copies of supporting documents are
on file with the City Clerk.
FISCAL IMPACT:
Economic development marketing and communication services will be provided over a one-year
period for $75,000, along with a contingency of $7,500, for a total not to exceed of $82,500.
Funding in the amount of $60,000 is available in account number 1001301-5300 (Economic
Development - Contract Services). The remaining $22,500 will be transferred from a contingency
line item in account number 10001001-5300 (General Overhead — Contract Services) to fully fund
the contract.
Page 2
Page 63
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
This item addresses the City Council's Core Values of "Providing and nurturing a high quality of
life for all"' "Intentionally embracing and anticipating the future'; and "Equitable prosperity for all"
by ensuring that Rancho Cucamonga's vibrant economy ensures prosperity and opportunities
now and in the future. It also addresses the Vision and Goals of the General Plan by establishing
Rancho Cucamonga as the cultural and economic hub of the Inland Empire.
ATTACHMENTS:
None
Page 3
Page 64
DATE: October 4, 2022
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Matt Marquez, Director of Planning and Economic Development
Sean McPherson, AICP, Senior Planner
SUBJECT: Consideration of a Resolution Approving the Property Tax Exchange
related to LAFCO 3256 Resulting from Annexation to the City
(RESOLUTION NO. 2022-128). (CITY)
RECOMMENDATION:
Staff recommends that the City Council adopt a Resolution approving the property tax exchange
related to LAFCO 3256 resulting from annexation to the City.
BACKGROUND:
LAFCO 3256 is a proposal initiated by the property owner, Speedway Commerce Center
Development, LLC, on March 21, 2022, requesting reorganization to include annexations to the
City, Cucamonga Valley Water District, Rancho Cucamonga Fire Protection District, and West
Valley Mosquito and Vector Control District, and detachments from Fontana Fire Protection
District and County Service Area 70. The proposed property tax exchange is related to a proposed
development project of two industrial buildings totaling approximately 655,000 square feet, which
was approved by the City Council on January 5, 2022. The subject property tax transfer between
agencies facilitates the annexation of land which is related to a previously approved development
project (commonly known as the Hillwood Industrial Project), approved by City Council on January
5, 2022 which involves the construction of approximately 655,000 square feet of new industrial
warehouse and distribution space as proposed by Speedway Commerce Center Development,
LLC.
ANALYSIS:
The proposed reorganization area includes the following areas:
Area 1 — The proposed annexation to the City, Rancho Cucamonga Fire Protection District, and
West Valley Mosquito and Vector Control District and detachment from the Fontana Fire
Protection District and County Service Area 70 includes two parcels, APNs 0229-291-46 and
0229-291-23 (portion), and the northerly right of way of Napa Street encompassing approximately
4.8 acres.
Area 2 — The proposed annexation to the Cucamonga Valley Water District includes three parcels,
APNs 0229-291-54, 0229-291-46 and 0229-291-23 (portion), and the northerly right of way of
Napa Street encompassing approximately 37.6 acres.
Page 65
On June 30, 2022, the LAFCO issued a Notice of Filing (NOF) notifying the affected agencies of
the annexation proposal. The NOF requires the San Bernardino County Auditor-
Controller/Treasurer/Tax Collector to estimate the property tax revenue and proportions by
agency, which is used to establish the property tax revenue amounts to be transferred. A
determination of the property tax revenue exchange associated with the jurisdictional change
must occur prior to issuance of the Certificate of Filing by LAFCO. The property tax exchange
associated with this action will only be effective upon completion of the reorganization
proceedings. In accordance with Section 99 of the California Revenue and Taxation Code, the
Board of Supervisors (Board) must, on behalf of any impacted special district, negotiate any
exchange of property tax revenues and adopt a resolution related to the property tax exchange.
FISCAL IMPACT:
Approval of this item will not result in the use of additional Discretionary General Funding (Net
County Cost). Approval will potentially result in ongoing reductions of $37 in funding for the
County Free Library and $49 for the County General Fund due to the transfer of property tax
revenue from the County to the City of Rancho Cucamonga (City). However, the City will assume
responsibility and cost for municipal services in that portion of the reorganization area. The
proposed transfer does not affect County Service Area 70 as it currently does not receive property
tax revenue for the reorganization area. The property tax exchange associated with this action
will only be effective upon completion of the reorganization proceedings.
The recommended redistribution of property tax revenue as a result of the pending reorganization
related to Local Agency Formation Commission (LAFCO) proposal LAFCO 3256 is as follows:
Affected Agency
Transfer from
Transfer to
County General Fund
$49
County Free Libra
$37
County Service Area 70
$0
Fontana Fire Protection District
$480
Citv of Rancho Cucamonga
$86
Ranch Cucamonga Fire Protection District
$480
Transfer Total
$566
$566
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
Approving the property tax transfer between agencies facilitates the annexation of land which is
related to a previously approved development project (Hillwood Industrial Project), approved by
City Council on January 5, 2022 which involves the construction of approximately 655,000 square
feet of new industrial warehouse and distribution space which in turn fulfills the City Council core
values of "intentionally embracing and anticipating the future" and "continuous improvement".
ATTACHMENTS:
Attachment 1 — County Property Tax Transfer Exhibit
Attachment 2 — Resolution No. 2022-128
Page 2
Page 66
LAFCO 3256
Reorganization to Include Annexations to the City of Rancho Cucamonga, Cucamonga Valley Water District, Rancho Cucamonga Fire Protection District, and West Valley Mosquito
and Vector Control District, and Detachments from Fontana Fire Protection District and County Service Area 70
City of Rancho Cucamonga Percent of TRA: 4.990572
TRA
Assessed Value
RDA Increment
Net Value After RDA / TRA Frozen Base
Tax Revenue
TRANSFER FROM
COUNTY GENERAL FUND
COUNTY FREE LIBRARY
COUNTY SERVICE AREA 70
FONTANA FIRE PROTECTION DISTRICT
Exhibit A
i I #
$ 41,665,000 $
$ 41,665,000 $
$ 416,650 $
Changeln
Base Year
2022-23
GRAND TOTAL
3,680,000
$
45,345,000
3,409,943
$
3,409,943
270,057
$
41,935,057
2,701
$
419,351
Changeln
Base Year
2022-23
Changeln
Base Year
2022-23
Not applicable
$
(49)
$
(49)
Not applicable
$
(37)
$
(37)
Not applicable
$
-
$
-
Not applicable
$
(480)
$
(480)
Total Transfers From $
- $
(566)
$
(566)
TRANSFER TO
CITY OF RANCHO CUCAMONGA
Not applicable
$
86 $ 86
CUCAMONGA VALLEY WATER DISTRICT
$
$
- $ -
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Not applicable
$
480 $ 480
WEST VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT
Not applicable
$
- $ -
Total Transfers To
$
$
566 $ 566
Attachment 1
Page 1 of 1
Page 67
RESOLUTION NO. 2022-128
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, SETTING THE AMOUNT OF
PROEPRTY TAX REVENUES TO BE EXCHANGED BETWEEN AND
AMONG THE CITY OF RANCHO CUCAMONGA, RANCHO
CUCAMONGA FIRE PROTECTION DISTRICT, FONTANA FIRE
PROTECTION DISTRICT, CUCAMONGA VALLEY WATER DISTRICT, SAN
BERNARDINO COUNTY, COUNTY SERVICE AREA 70, AND OTHER
AFFECTED AGENCIES RESULTING FROM THE JURISDICTIONAL
CHANGE DESCRIBED BY LAFCO 3256
A. RECITALS:
1. Pursuant to Section 99 of the Revenue and Taxation Code, prior to the issuance of a
Certificate of Filing by the Local Agency Formation Commission Executive Officer, the governing bodies
of all local agencies whose service responsibilities will be altered by change of organization shall
negotiate and determine by resolution the amount of property tax revenues to be exchanged between
and among such local agencies.
2. Except as provided in Section 99.01 of the Revenue and Taxation Code, in the event that a
jurisdictional change would affect the service area or service responsibility of one or more special
districts, the Board of Supervisors shall, on behalf of all special districts, negotiate any exchange of
property tax revenues.
3. The Board of Supervisors of the County of San Bernardino has determined the amount of
property tax revenues to be exchanged as a result of the following jurisdictional change:
LAFCO 3256 — REORGANIZATION TO INCLUDE ANNEXATIONS TO THE CITY OF RANCHO
CUCAMONGA, CUCAMONAGA VALLEY WATER DISTRICT, RANCHO CUCAMONGA FIRE
PROTECTION DISTRICT, AND WEST VALLEY MOSQUITO AND VECTOR CONTROL DISCTRICT,
AND DETACHMENTS FROM FONTANA FIRE PROTECTION DISTRICT AND COUNTY SERIVCE
AREA 70 (Speedway Commerce Center)
4. WHEREAS, All legal prerequisites prior to the adoption of this Resolution have occurred.
B. RESOLUTION:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY
RESOLVES:
1. The negotiated exchange of property tax revenue between the City of Rancho Cucamonga,
the Rancho Cucamonga Fire Protection District, the Fontana Fire Protection District, Cucamonga Valley
Water District, San Bernardino County, and County Service Area 70, attached hereto as Exhibit A and
incorporated herein by reference, resulting from the above -described jurisdictional change, is accepted.
2. The annual tax increment generated in the area subject to the jurisdictional change and
attributable to the local agencies whose service area or service responsibilities will be altered by the
proposed jurisdictional change shall be allocated in future years pursuant to the provisions of Section 98
of the Revenue and Taxation Code.
3. The City Council hereby determines that the adoption of this Resolution is exempt from
environmental review under the California Environmental Quality Act (CEQA) pursuant to State CEQA
Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the
Atta cbrm e n t 2
adoption of this Resolution may have a significant effect on the environment. This Resolution only
addresses the property tax exchange between the agencies involved in the proposed annexation. An
environmental impact report (EIR) was previously prepared and certified for the Speedway Commerce
Center project, including the proposed annexation therein.
4. The City Clerk shall certify to the adoption of this Resolution and shall cause a certified copy
to be sent to the Executive Officer of the Local Agency Formation Commission of he County of San
Bernardino.
APPROVED AND ADOPTED THIS 4TH DAY OF OCTOBER, 2022.
CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA
MR
L. Dennis Michael, Mayor
I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing
Resolution was adopted at a regular meeting of the City Council held on the 4th day of October 2022, by
the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ATTEST:
City Clerk of the City of Rancho Cucamonga
Page 69
DATE: October 4, 2022
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: John R. Gillison, City Manager
Matt Burris, Deputy City Manager
Jason Welday, Director of Engineering Services
SUBJECT: Consideration of a: 1) Disposition and Development Agreement with
DesertExpress Enterprises, LLC (dba Brightline West) and the San
Bernardino County Transportation Authority (SBCTA) for a Portion of
Property Located at the Northwest Corner of Milliken Avenue and Azusa
Court, Including Easements Across Portions of Right -Of -Way on 81h Street,
Milliken Avenue, and the Cucamonga Station Property, for the
Development of a Station and Track as Part of a High Speed Rail System
with an Origin/Terminus Between Las Vegas Nevada and the Cucamonga
Station in Rancho Cucamonga (CITY); 2) Amendment No. 2 to
Cooperative Agreement No. 94-001 by and between the San Bernardino
County Transportation Authority (SBCTA) and the City of Rancho
Cucamonga with regard to the management of jointly owned property at
Cucamonga Station, all of which is located in the Haven -Arrow -Rochester -
Transit (HART) District in the City of Rancho Cucamonga. (CITY)
RECOMMENDATION:
Staff recommends that the City Council approve the following:
1) The Disposition and Development Agreement with DesertExpress Enterprises, LLC (dba
Brightline West) and the San Bernardino County Transportation Authority (SBCTA) for a portion
of property located at the northwest corner of Milliken Avenue and Azusa Court, including
easements across portions of right-of-way on 81h Street, Milliken Avenue, and the Cucamonga
Station Property attached hereto as Attachment 1.
2) Amendment No. 2 to Cooperative Agreement No. 94-001 by and between the San Bernardino
County Transportation Authority (SBCTA) and the City of Rancho Cucamonga with regard to the
management of jointly owned property at Cucamonga Station attached hereto as Attachment 4.
BACKGROUND:
Brightline Florida
The City of Rancho Cucamonga has been working with Brightline West and the San Bernardino
County Transportation Authority (SBCTA) for several years to bring high-speed rail from Las
Vegas, Nevada to Rancho Cucamonga, California. The proposed line would begin in Las Vegas
Nevada near the west end of the City, parallel the 15-freeway corridor, with stops in Apple Valley
and Hesperia before reaching its final terminus at Cucamonga Station in Rancho Cucamonga.
Brightline West, which currently operates a private higher speed (but not high speed) commuter
Page 70
rail system in Florida, has also been working concurrently with the States of Nevada and California
for approval to locate in the freeway right-of-way, as well as the Federal Government for the
appropriate National Environmental Protection Act (NEPA) review and approval.
Brightline Florida is an existing rail line featuring frequent, comfortable, modern trains that travel
at higher speeds (80-125 mph). The service began in 2018 as the first privately held intercity
passenger railroad in the United States in nearly 40 years. In 2018 over 579,000 riders used the
service, with another 885,000 using it in 2019. The service has proven extremely well utilized
even with just three initial stations. Brightline Florida makes frequent departures a priority, offering
17 per day in both directions.
With more trains come faster overall trips. And with hourly departures from the early morning to
late in the evening, the Brightline train schedule ensures its customers have the flexibility to make
and change their plans without having to worry about the train schedule. Additional services
accommodate major sporting and concert events, with adjustable departure times to ensure fans
can rely on catching the train home. Brightline also uses modern equipment for passenger
comfort and smooth operation. Unified train sets make for safe and easy passage between cars.
Finally, Brightline includes a ride share service, Brightline +, which makes reserving a Tesla or
shared van fixed route shuttle a one -stop experience while purchasing your train ticket, through
their Brightline App. This end -to -end service compares very favorably to air travel which further
enhances Brightline's competitiveness.
More trains and faster speeds on an at grade railroad line with many vehicular and pedestrian
crossings brings its own challenges. Brightline's safety record in Florida has been difficult with
over 58 deaths since 2017, the worst per -mile fatality rate in the nation. Of note, however, is that
none of these deaths were due to crew error or faulty equipment all were related to suicides or
pedestrians and drivers trying to beat the trains. Due to the largely grade separated nature of
Brightline West, with limited crossings, this is not expected to be a concern for the current
Brightline West project.
Additionally, Brightline has proven responsive to community noise concerns. Responding to
citizen concerns about increased noise from additional horns, the company has previously stated
that it will work with local communities in Florida to implement quiet zones where possible. Federal
law requires quiet zone requests to originate from the local authority that has jurisdiction over the
roadway, not the railroad company. Quiet zones in Florida have gone into effect in the Miami and
West Palm Beach areas as well as Boca Raton. The "no train horn" areas apply to all trains,
freight and passenger. Quiet Zones remove the legal duty of a train engineer to sound the horn.
Train engineers do still use the horn in quiet zones for emergency situations. Rancho Cucamonga
anticipates working with SBCTA to gradually implement Quiet Zones in the west end of San
Bernardino County where greater population density and more at -grade crossings make this a
future priority.
Brightline is owned by Florida East Coast Industries, which in turn is owned by Fortress
Investment Group. Fortress Investment Group is an investment management firm based in New
York City. It was founded in 1998 as a private equity firm by Wes Edens, Rob Kayfmann and
Randal Nardone. In 2007 when it launched on the New York Stock Exchange it was the largest
publicly traded private equity firm. As of June 30, 2020, the firm managed $45.5 billion in private
equity, liquid hedge funds and credit funds. Fortress owns Florida East Coast Industries heavy
freight, Brightline Florida and Brightline West, Penn National Gaming a casino and horse racing
operator and many others.
Page 2
Page 71
In Florida, Brightline is being built in phases to maximize revenue and capitalize on infrastructure
improvements as they are completed. In early 2018, trains began serving Miami, Fort Lauderdale,
and West Palm Beach. In 2022, service will be extended to Orlando International Airport, following
a $4 billion expansion project. The company is now considering extending the line from the airport
to Tampa with potential stops at Walt Disney World and in Lakeland as well as a link to Orlando's
SunRail commuter train. Brightline West anticipates building the Las Vegas to Rancho
Cucamonga in one phase, although an additional connection to the State High Speed Rail in
Palmdale is a likely future phase of the project.
Brightline's Approach to High -Speed Rail Construction
A common challenge to building new rail lines is land acquisition, which can be expensive, slow
and controversial. Brightline, much like Metrolink, has circumvented this problem by building new
infrastructure within existing transportation corridors. In Florida, Brightline upgraded the existing
Florida East Coast Railway mainline for use as a shared rail corridor. In other Florida locations,
agreements were reached to use the existing right-of-way of the Beachline Expressway. The latter
is similar in concept to Brightline West's proposed use of the 15-freeway corridor from Las Vegas
to Rancho Cucamonga. Use of these existing corridors allows Brightline to avoid purchasing
thousands of individual parcels and keeps the project relatively more reasonable in price.
Brightline's success is built at least in part on its cooperative relationship with Florida East Coast
Railway, their host freight railroad. The two companies coordinate passenger and freight
operations so trains run on time. This helps ensure Brightline's reliable frequency — a key selling
point for travelers. Brightline West by contrast will have the entire 15 freeway rail line to itself, so
no external coordination is necessary. This exclusive use will enable Brightline West to capitalize
on reliability and frequency which as noted above, are key for travelers.
Florida East Coast Industries, Brightline's parent company in Florida, also owns and develops
real estate near the new stations to capitalize on concentrated travel activity. This revenue
channel helps strengthen the company's long-term viability and appeal to investors, who are the
financial foundation of the enterprise. This concept is similar to what Brightline West originally
proposed for Cucamonga Station, before changing to a more traditional railroad -only model.
Florida East Coast Industries real estate investment in downtown Miami alone is estimated to be
worth over $500 million. Brightline's parent companies are engaged or expected to engage in
extensive real estate development around the Las Vegas and Apple Valley Stations. Recently,
Wes Edens one of the co -owners of Fortress Investment (parent of Brightline West) announced
that on the eastern end of the Brightline West high speed commuter rail line, at Las Vegas
Boulevard and Warm Springs Road, Brightline controls a 110-acre site once coveted by the
Oakland A's as a ballpark site, but the plan now is for Brightline to use it for development and a
65,000-square-foot terminal —as well as potentially a new indoor MLS soccer stadium for the team
which Mr. Edens co -owns.
Brightline is also adept at public -private partnerships. In Florida they have primarily funded the
network expansion through private activity bond allocations. Private Activity bonds (PAB's) are
bonds issued by or on behalf of a government for the purpose of providing special financial
benefits for qualified projects. The financing is generally for private user projects, and if specific
criteria are met, the bonds may be tax exempt. For Brightline in Florida, the private activity bonds
were tax exempt and were issued through the Florida Development Finance Corporation which
helped attract billions of dollars in private capital, helping make Brightline more competitive with
publicly financed transportation systems like highways and airports.. Similarly, Brightline West
proposes to make substantial use of federal private activity bonds, made possible thru the new
infrastructure bill, to fund (in partnership with the State of Nevada and the State of California) the
Page 3
Page 72
Las Vegas to Cucamonga Station line. The Infrastructure Investment and Jobs Act signed into
law in November of 2021 increased the available federal authority for PABs from 15 billion to 30
billion dollars. Brightline West is already approved for $1 billion in PABs from the United States
Department of Transportation for the Nevada to California line and they anticipate applying for
additional funding. An application may also be made for either Nevada or California state issued
PAB's as well. Finally, Brightline West is anticipated to bring private equity financing to the project
as well.
Another interesting Florida analogy is the comparison of Brightline's new Orlando station located
in the Orlando International Airport that arguably offers the most direct connection from an intercity
rail line to an airport terminal in the United States. Brightline passengers will have pedestrian
access from the train station to the new Terminal C being built on the south end of the airport as
well as to the existing Terminals A and B via the elevated people mover system. This kind of
convenient link between trains and planes is common in Europe and Asia and is a key factor in
making both more successful. Similarly, thru the SBCTA underground tunnel from Cucamonga
Station located in the Haven -Arrow -Rochester Transit District (HART), Brightline and Metrolink
passengers as well as West Valley Connector bus rapid transit passengers will have convenient
access to the new Terminal 2 at Ontario Airport, to be built between Terminal 1 and 3, which will
provide similar convenience to the Florida system and is expected to benefit Ontario International
Airport, Brightline West and Metrolink.
ANALYSIS:
Project Description
Brightline West proposes to construct a 180+ mile rail line connecting Las Vegas, Nevada to
Rancho Cucamonga, California along the 15-freeway corridor. Expected top speed of the zero -
emission all electric train sets is 180 mph (true high-speed rail exceeds 125 mph) and the entire
trip should take between 2 and 3 hours. In Las Vegas the train station will be adjacent to The
Strip and Interstate 15. In Rancho Cucamonga, the train station, located in the HART District,
will be collocated with the existing Cucamonga station for Metrolink (Los Angeles to San
Bernardino) and with a transfer allow access to anywhere along the Metrolink line, including all
the way to downtown Redlands or Los Angeles, as well as direct access to Ontario International
Airport through the SBCTA tunnel, or through the West Valley Connector to Victoria Gardens.
There will be intermediary stops in both Apple Valley and Hesperia for highspeed rail Along with
the train line, Brightline West will construct all stations including related parking facilities.
Presently, approximately 50 million one-way trips are made annually between these two
destinations with 85% of them by car or bus. Those trips can take anywhere from 4 — 6 hours
depending upon traffic conditions. At full operations, Brightline West expects to attract
approximately 22% of the market or 11 million one-way trips each year. This will provide a
significant reduction in GHG to both California and Nevada and improve the transportation
experience for both freight and passengers who continue using the 15 freeway, thus benefitting
SBCTA. The elevated train experience residents and tourists have come to expect (and love) in
South Florida will be offered along this route as well, including but not limited to free onboard Wi-
Fi, fully ADA accessibility from station to train, a wide selection of food and beverage, checked
luggage and hotel check -in services.
Sale of Station Property under the Disposition and Development Agreement ("DDA')
To facilitate the project noted above, a number of related transactions are required. For
Cucamonga Station, the primary vehicle is a 3-party DDA between SBCTA, the City and
DesertXpress Enterprises, LLC (dba Brightline West). The Brightline West High Speed Rail
Station site at Cucamonga Station in the HART District is a portion of the existing Cucamonga
Page 4
Page 73
Station parking lot jointly owned by the City and SBCTA, located on the easterly side of the
Cucamonga Station, together with a small area of San Gabriel Subdivision right of way owned by
SBCTA, and additional easement rights some of which are owned by the City of Rancho
Cucamonga within the slope portions of the Milliken Avenue right of way as well as 81h Street to
the east of the station area. Key points of the property transaction are:
• The City and SBCTA jointly own as tenants in common the Metrolink Station property (the
"Station Property") otherwise known as Cucamonga Station. All the terms of the DDA
were the product of 3-way negotiations between the City, SBCTA and Brightline West.
Due to the complicated nature of these discussions, this process has taken an extended
time.
Under the DDA, the City and SBCTA will sell a ±5 acre portion of the eastern half of the
Station Property to Brightline for their station and parking structure (plus additional area
for various easements) . The sale price will reflect fair market value as determined by an
appraisal conducted between three and six months prior to the closing date, ensuring that
the City and SBCTA receive the benefit of any increase in property values prior to the
closing date. A current appraisal (using a mutually agreed upon appraiser) is under way
presently, using older valuation data, and that appraisal will be updated again, closer to
the closing date. The revenue generated by the sale will be distributed evenly between
the City and SBCTA and is expected to be used by SBCTA to improve the parking and
train station on site and by the City of Rancho Cucamonga for economic development
purposes to defray the local public safety and infrastructure impacts of the overall
project. Brightline is responsible for all closing costs.
Brightline cannot close on the property until it has provided the City a project construction
budget, evidence of sufficient financing sources, and a construction contract, among other
conditions. The purpose of these conditions is to verify that Brightline has the necessary
resources to timely construct the high-speed rail station before the City and SBCTA sell
the property to Brightline. Closing must occur before December 31, 2025.
As a condition of the sale, Brightline will be required to construct and operate a high-speed
rail station, including a parking structure, on the property. Brightline must comply with a
schedule of performance to ensure that the proposed station is built in a timely
manner. The schedule of performance requires Brightline to: (1) commence construction
no later than three years after closing; (2) complete the station within seven years after
closing; and (3) commence operation of the high-speed rail line within 18 months after
completion of the station. If Brightline does not comply with these milestones (subject to
force majeure delays), the City and SBCTA will have a "reversionary" right to re -acquire
the property from Brightline.
SBCTA has a concern that, even with commuter service from Hesperia to Cucamonga
Station, the potential future use of Cucamonga Station may be so impacted by Metrolink
Commuters who continue to drive to the station, that little to no loss of present parking
capacity should occur. While the City does not concur with this assessment and nothing
in the history of the Metrolink service to date suggests this is likely to occur, the parties
agreed to mutually work together to address SBCTA's concerns. To mitigate SBCTA's
concerns, the City and SBCTA will retain ownership of an approximately 66,340 square
foot (1.5 acre), eight -foot high, area on the ground floor of the high-speed rail station
parking structure for an additional 194 spaces dedicated to Metrolink customer parking in
addition to the existing 325 spaces that will remain in the western Metrolink lot plus the
reconfigured 105 spaces that will remain on the east side of the existing bus loop.
Section 2.5.7 of the Agreement provides that within 90 days following the effective date,
all parties shall have approved (in their sole and absolute discretion) a recordable
document in the nature of covenants, conditions and restrictions and easements that
Page 5
Page 74
coordinates the ownership and operation of the property being sold and retained.
Anticipated items to be included are a pedestrian easement to the Metrolink Station site
from the parking area, a utility easement through the parking area for the retained
Metrolink parking, an easement for the pillars and support beams necessary for
construction, a reciprocal use restriction, a right of first negotiation/offer, the reversionary
rights for the property, construction and operation insurance and indemnity provisions,
maintenance and access requirements, an obligation to maintain the Station property at
all times while high speed rail through the City is in operation, a pedestrian easement for
the existing tunnel to the north side of the tracks, and a temporary construction easement.
The Temporary Construction Easement will address the potential use for construction
parking and staging purposes on the City owned site at Anaheim Place and Milliken, The
beginning and end of the temporary construction easement and the terms are critical such
that they do not impair the City's ability to develop or sell the Milliken site for economic
development purposes.
• Section 3.4 of the agreement provides that the Developer shall comply with Plans and
Specifications approved by the City and SBCTA, including Exhibit H the site plan, and that
although changes may be required, those changes shall not be substantial in nature.
• Until Brightline begins construction, the site will continue to be used for Metrolink customer
parking.
• The DDA will reserve an easement beneath the southwest corner of the high-speed rail
station property to allow for SBCTA's future tunnel project to the Ontario International
Airport. It is anticipated that once the plans and specifications for the tunnel project are
finalized, the tunnel ingress/egress will be constructed in the Metrolink west parking area.
While the tunnel project is a project fully under the control of SBCTA, the City is and
anticipates cooperating with SBCTA on the relevant details to bring the project to fruition.
• Inspector of Record Process — as noted previously, due to the jurisdiction of the federal
Surface Transportation Board, local permitting including building permits, are preempted
by the Interstate Commerce Commission Termination Act. The City engaged in dialogue
with Brightline about voluntary permits, however, Brightline was concerned about
timeliness and precedent and no agreement was reached. All parties agreed, however,
that there was a shared interest in safe construction and operation of the project. Based
on that shared interest, Exhibit H to the DDA outlines an Inspector of Record Process. The
Project will conform to the substantive provisions of the City's technical codes and grading
standards. Both parties will mutually agree on several qualified firms who can provide
plan check and inspection services. The selected firm by Brightline will be the Inspector
of Record and will be required to provide biweekly stamped/approved reports to the City
and SBCTA. City inspectors are allowed to enter the property and inspect construction.
Final determination of any concerns will reside with the Inspector of Record. The
exception is that Rancho Cucamonga Fire retains the right to review and approve plans
and conduct inspections in accordance with all project improvements related to safety.
Conveyance of Other Real Property Interests under the DDA
In addition to the Station Property, the City and/or SBCTA will convey the following real property
interests to Brightline for its high-speed rail system:
• The City will convey an easement along 8th Street between the Station Property eastward
to approximately Rochester Avenue for elevated rail tracks (the "8th Street
Easement"). The City Engineer will review the location of the tracks supporting columns
to ensure they do not interfere with public improvements and traffic safety.
• The City will convey an easement over a portion of the Station Property's parking lot
adjacent to Milliken Avenue for Brightline's parking structure ramp and driveway (the
Page 6
Page 75
"Milliken Easement"). This easement is setback 20 feet from Milliken to preserve space
for a future widening of the street. A driveway will connect Milliken to the high-speed rail
station.
• The City and SBCTA will convey an easement across the northwestern portion of the
Station Property to Brightline for elevated rail tracks (the "Aerial Easement"). The Aerial
Easement will be for aerial platform improvements supported by columns, over property
owned jointly by the City and SBCTA. This easement area is approximately 0.74 acres
generally with a sixteen (16) foot clearance between the ground and the aerial easement
area. The Aerial Easement provides Brightline with non-exclusive access rights across
the property jointly owned by SBCTA and the City to get to the Aerial Easement area and
defers to future right of entry agreements any need for rights above and beyond access
for use of the underlying City/SBCTA property for performing maintenance or repairs to
the aerial platform. Performance provisions under the Aerial Easement have been
modeled after the main DDA in terms of time.
• SBCTA will convey a fee interest in a strip of land (San Gabriel Subdivision or SGS) to
Brightline on the northern portion of the Station Property. Terms of this conveyance are
the same as the DDA's conveyance of the jointly owned property noted above.
All of the real property interests noted above will be sold to Brightline at their appraised fair
market value.
Rancho Cucamonga Station Cooperative Agreement Amendment No. 2
Amendment of Cooperative Agreement 94-001 for the Rancho Cucamonga Station Cooperative
Agreement conforms or adds provisions regarding the cost of insurance and who will obtain
property insurance as part of a county wide effort to align the insurance environs at the stations
with respect to core station assets such as platforms, canopies, and grade separated pedestrian
crossings, operating hours, the share of proceeds, and modernizing the indemnity provisions of
the agreement to bring greater uniformity among the various station cooperative agreements
throughout the county. The amendment also updates the agreement language concerning what
actions constitute termination of the agreement, by removing many outdated provisions which
only applied prior to construction of the station and allowing the San Bernardino County
Transportation Authority (SBCTA) and the City of Rancho Cucamonga (City) to sell a portion of
the station site without causing the Station Cooperative Agreement to terminate, but instead
removing the portion sold from the Station Cooperative Agreement.
Compensation
On March 2, 2022, the San Bernardino County Transportation Authority (SBCTA) Board of
Directors approved Lease Agreement 22-1002723, leasing a portion of the SGS to DesertXpress
Enterprises, LLC (DXE) for their Brightline West High Speed Rail Project (Project). The rent under
the terms of the original agreement is $1 per year for the initial 50-year term and the 49-year
optional term to extend. The $1 per year consideration was supplemented by an obligation
requiring DXE to enter into a supplemental agreement for the provision of local rail service
between a station to be constructed in the high desert region and the Cucamonga Station. The
weekday operation of local rail service during the morning and afternoon hours connecting
Rancho Cucamonga and the high desert is expected to provide congestion relief on the 1-15
corridor through the Cajon Pass which would otherwise be cost prohibitive for SBCTA to achieve
through other means. In addition, SBCTA is updating their agreement with Brightline West to Fair
Market Value rent based on a current appraisal which is then updated every 3 years to be adjusted
by the change in Consumer Price Index for San Bernardino County.
Slightly differently positioned in terms of revenue and expenses than SBCTA, the City of Rancho
Page 7
Page 76
Cucamonga is retaining, as noted previously, its share of the proceeds of the sale of the eastern
portion of the current jointly owned station for economic development purposes. The City intends
to develop land in the HART District to provide additional revenue to offset the anticipated and
forecast public safety and infrastructure impacts of the high speed rail project. One potential
option is a full service/luxury hotel and restaurant in the HART District. Additionally, the City
intends to ensure that needed infrastructure improvements are paid for by new development to
the extent feasible. For example, to facilitate connectivity and reduce congestion, Lewis
Development will be conditioned to extend Azusa Court from its current terminus to The Resort
North, as outlined in their original specific plan. Lewis Development also presently has several
acres of land at the northeast corner of The Resort North zoned for Transit Related Uses which
is anticipated to provide ancillary services to support transit users and visitors to the HART District.
Finally, although non-residential restaurant and retail uses in The Resort project to date are non-
existent, the City anticipates working even closer with Lewis Development going forward to ensure
that The Resort North and South are developed with the full scope of anticipated non-residential
restaurant and retail acreage envisioned in the specific plan. Further, beyond the boundaries of
The Resort, but within the larger HART District, the City is keenly focused on a 21 st Century mixed
use housing, employment and retail district which generates substantially more revenue than
expenses and provides a focal center for southern Rancho Cucamonga.
Environmental Review
The Federal Railroad Administration ("FRA") is conducting an environmental review pursuant to
the National Environmental Policy Act ("NEPA") for the segment of Brightline's high-speed rail
system between Victor Valley and Rancho Cucamonga, including the proposed Rancho
Cucamonga station. Brightline cannot close on the property or begin construction on the Station
Property until the FRA completes its NEPA review process. Brightline's project is not subject to
further review under the California Environmental Quality Act ("CEQA") as a result of the Interstate
Commerce Commission Termination Act ("ICCTA").
In an effort to expedite railroad construction, the ICCTA preempts certain state environmental
laws, including CEQA, when applied to railroad projects. In the 1800's when railroads were key
to the settlement of the western United States and the distribution of products throughout the U.S.,
there was a strong public push for greater regulation. The federal government initially began
regulating interstate railroads in the 1800's for several reasons. One reason was to prohibit unfair
rate setting and prevent monopolies as people were increasingly frustrated at the time with the
railroads impacts. In California this led to the Progressive Movement whose goal initially was to
reform California's political system by regulating the railroads. At one point the federal
government took over the railroads only to later re -privatize them and significantly deregulate.
Certain amounts of regulation remain today, and the FRA and federal Surface Transportation
Board (STB) are two such examples. The STB is an independent federal agency that is charged
with the economic regulation of various modes of surface transportation, primarily freight rail. The
STB exercises its statutory authority and resolves disputes in support of an efficient, competitive,
and economically viable surface transportation network that meets the needs of its users. The
FRA's mission is to enable the safe, reliable, and efficient movement of people and goods. It has
a significant budget and role related to safety matters including environmental oversight of new
rail lines.
The STB has determined that Brightline's high-speed rail system is one such project that is not
subject to CEQA. Even if the project were subject to CEQA, it would qualify for a statutory
exemption applicable to passenger and commuter services on rail or highway rights -of -
way. (Public Resources Code Section 21080(b)(10)). Accordingly, no further environmental
review is necessary once the FRA concludes it's NEPA process, which is expected to wrap up in
the fourth quarter of 2022.
Page 8
Page 77
Surplus Land Act
On August 10, 2022, the California Department of Housing and Community Development
determined that the City's and SBCTA's sale of the Station Property to Brightline is not subject to
the Surplus Land Act because the sale of the property is necessary for interstate public
transportation services.
General Plan Consistency
On July 27, 2022, the Planning Commission adopted Resolution 22-23 finding that the proposed
disposition of the Station Property is consistent with the City's General Plan, known as PlanRC.
PlanRC identifies the Station Property as the planned location of the high-speed rail station in
order to develop the area into a regional transportation hub.
FISCAL IMPACT:
The City anticipates the impacts of the Brightline West project will be largely dependent on overall
ridership. Brightline's modeling of economic impacts is based on an optimistic assessment of
ridership although their experience in Florida, admittedly skewed by COVID, does not necessarily
bear out the most optimistic assessments. Similarly, SBCTA's estimates of parking impacts are
based on a worst -case assessment of ridership and assume nearly all freeway users will continue
to drive to Cucamonga Station, which would seem to indicate very low Brightline ridership.
By contrast, the City's fiscal impact modeling is not so black or white. Ridership and use of the
Station could result in impacts from $250,000 per year to $1,000,000 depending on many
variables and assumptions. Impacts are expected to include additional wear and tear on
infrastructure due to new vehicular traffic at Cucamonga Station, potential for decreased parking
revenue from Metrolink users and substantial increased law enforcement demands resulting from
Cucamonga Station passengers utilizing high speed rail. Eventually, Brightline's ridership could
increase such that it causes Milliken Avenue to exceed its design criteria for maximum vehicular
use and necessitating widening. The City and SBCTA are working on a joint study to examine
Milliken Avenue and determine that tipping point and how it could be addressed; additionally, as
noted previously the City is pursuing economic development activities throughout the HART
District including hotel uses, restaurants, retail, new office, additional for -lease and for -sale
housing and even shared offsite parking as needed. Ultimately the HART District is envisioned
as a vital and unique community, similar to Playa Vista, that provides a destination for visitors to
Western San Bernardino County. That larger scope, if developed carefully, should meet and
exceed the revenue needs generated by the impacts from use of high-speed rail.
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
Through the construction of a unique west coast multi -modal transit facility that links commuter
rail with high-speed rail with the Ontario International Airport thereby reducing GHG and
congestion while improving the transit experience, this project aligns with and helps advance City
Council goals to "intentionally anticipate and embrace the future", "relentlessly pursue
improvement" and "promote a safe and healthy community for all." High speed electric zero
emission rail, while in use in Europe and Asia for many years, is new to the United States and will
be a cutting -edge project that reduces traffic congestion and GHG emissions. The construction
of a multi -modal transit facility that combines true high-speed rail (over 125 mph) and provides a
1-stop link to an existing regional commuter rail system (Metrolink) which goes from downtown
Los Angeles to San Bernardino and Redlands, a bus rapid transit system (West Valley Connector)
which is under construction, the Ontario Airport (SBCTA underground tunnel) and an adjacent
walkable mixed use community (The Resort) will be unique in the United States and is a quantum
improvement in mass transit connectivity for the City of Rancho Cucamonga and San Bernardino
Page 9
Page 78
County. This new system will improve transit connectivity in a safe, efficient and cost-effective
manner while improving the environmental quality of the area. This project will form the
cornerstone of the HART District for Rancho Cucamonga.
ATTACHMENTS:
1. Development and Disposition Agreement including all easements and exhibits
2. Site Plan
3. Renderings
4. SBCTA Cooperative Agreement Amendment
Page 10
Page 79
ATTACHMENT 1
DISPOSITION AND DEVELOPMENT AGREEMENT
by and between the
CITY OF RANCHO CUCAMONGA and the SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY, as sellers
and
DESERTXPRESS ENTERPRISES, LLC,
a Nevada limited liability company, as buyer/developer
11231-0001\2708118v2.doc Page 80
DISPOSITION AND DEVELOPMENT AGREEMENT
THIS DISPOSITION AND DEVELOPMENT AGREEMENT (the "Agreement") is dated
as of October 5, 2022 (the "Effective Date") and is entered into by and among the CITY OF
RANCHO CUCAMONGA, a California municipal corporation (the "City"), the SAN
BERNARDINO COUNTY TRANSPORTATION AUTHORITY, a public entity ("SBCTA") and
DESERTXPRESS ENTERPRISES, LLC, a Nevada limited liability company d/b/a Brightline
West and qualified to do business in California ("Developer").
RECITALS
A. The City and SBCTA (collectively, "Seller") believe they jointly own as tenants in
common the property described on Exhibit "A" and improvements thereon (the "City/SBCTA
Property"). SBCTA believes it owns the property described on Exhibit "A" and improvements
thereon (the "SBCTA Property"). The City/SBCTA Property excludes the "Reserved Property"
as defined in the attached Grant Deed, which shall be retained in fee by Seller.
B. Developer desires to acquire the City/SBCTA Property from Seller and the SBCTA
Property from SBCTA, and additional easements from City and/or SBCTA, all for the purpose of
developing a train station and related infrastructure (the "Project") for a privately owned and
operated publicly accessible high-speed passenger railroad, including parking facilities and
related/ancillary uses; however, the term "Project" shall not include the easements or
improvements thereon described in the 8th Street Easement or Aerial Easement or SBCTA Lease,
as such terms are defined below. A site plan for the Project ("Site Plan") is depicted on Exhibit
"C" attached hereto.
C. SBCTA has separately entered into a San Gabriel Subdivision Lease Agreement
Related to the Brightline West High -Speed Rail Project dated March 2, 2022 with Developer (the
"SBCTA Lease") for property necessary for the operation of the private rail line that will be served
by, but is not part of, the Project.
D. A material inducement to the Seller to enter into this Agreement is the agreement
by Developer to develop the Project as provided herein.
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants
contained in this Agreement, the Parties (defined below) hereto agree as follows:
1. DEFINITIONS.
1.1 Definitions. The following capitalized terms used in this Agreement shall
have the meanings set forth below:
1.1.1 "8th Street Easement" is defined in Section 2.1.
1.1.2 "Adjacent Property" is the Grantor's Property described in
Exhibit A to the Aerial Easement.
11231-0001\2708118v2.doc Page 81
Agreement.
corporation.
1.1.3 "Aerial Easement" is defined in Section 2.1.
1.1.4 "Agreement" means this Disposition and Development
1.1.5 "Applicable Requirements" is defined in Section 3.4.
1.1.6 "Approved Title Exceptions" is defined in Section 2.4.1.
1.1.7 "CC&Rs" is defined in Section 2.5.7.
1.1.8 "City" means the City of Rancho Cucamonga, a municipal
1.1.9 "City Manager" means the City Manager of the City.
1.1.10 "City/SBCTA Property" means the property described on Exhibit
"A" and improvements thereon.
1.1.11 "Close of Escrow" or "Closing" is defined in Section 2.3.
1.1.12 "Default" is defined in Section 5.1.
1.1.13 "Deposit" is defined in Section 2.2.
1.1.14 "Developer Conditions" is defined in Section 2.6.
1.1.15 "Developer Designees" is defined in Section 2.8.2.
1.1.16 "Developer Fee Property" shall mean the City/SBCTA Property
and the SBCTA Property, both of which are described in Exhibit "A".
1.1.17 "Disapproved Title Exceptions" is defined in Section 2.4.1.
1.1.18 "Documents" is defined in Section 2.8.2.
1.1.19 "Due Diligence Period" is defined in Section 2.8.2.
1.1.20 "Easements" shall mean the Aerial Easement, the 8th Street
Easement and the Milliken Triangle Easement. The legal descriptions attached to the Easements
will be updated, subject to the written approval of the Parties, prior to recordation following the
design process of the Improvements to use at datum elevation instead of ground level where
possible.
1.1.21 "Environmental Requirements" shall mean all present and future
governmental laws, regulations, rules, orders, permits, licenses, approvals, authorizations and
other requirements of any kind applicable to Hazardous Materials, including common law tort
principles (such as public and private nuisance and strict liability for conducting abnormally
dangerous activities).
-2-
11231-0001\2708118v2.doc Page 82
1.1.22 "Escrow" is defined in Section 2.3.
1.1.23 "Escrow Holder" means First American Title Company at New
York; Shelliza Lallmohamed (see notice provision). For the avoidance of doubt, documents may
be delivered to a local First American office as designated by Escrow Holder.
1.1.24 "Event of Default" is defined in Section 5.1.
1.1.25 "FIRPTA Certificate" is defined in Section 2.9.1.7.
1.1.26 "Force Majeure Delay" is defined in Section 5.7.
1.1.27 "Grant Deed" is defined in Section 2.4.2.
1.1.28 "Handle," "Handled" or "Handling" shall mean any installation,
handling, generation, storing, treatment, use, disposal, discharge, release, manufacture,
refinement, emission, abatement, removal, transportation, presence or migration of any Hazardous
Materials brought on the Station Property by Seller or Seller's Representatives (as defined below),
or any other activity or any type in connection with or involving Hazardous Materials.
1.1.29 "Hazardous Materials" shall mean any substance that now or in
the future requires investigation or remediation under, or is regulated or defined as a hazardous
waste or hazardous substance, by any governmental authority or instrumentality or any law,
regulation, rule or order, or any amendment thereto, including, without limitation, the
Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. § 9601 et
seq. and the Resource Conservation and Recovery Act, 42 U.S.C. § 9601 et seq., or that is
otherwise toxic, explosive, corrosive, flammable, infectious, mutagenic, radioactive, carcinogenic,
a pollutant or a contaminant, including gasoline, diesel, petroleum hydrocarbons, polychlorinated
biphenyls (PCBs), asbestos, radon and urea formaldehyde foam insulation.
1.1.30 "Improvements" means all buildings, landscaping, infrastructure,
utilities, and other improvements to be built on the Station Property, as described in the Scope of
Development, and any improvements required as a governmental condition of approval for the
Proj ect.
1.1.31 "Indemnified Parties" is defined in Section 6.2.
1.1.32 "Metrolink" is the passenger railroad service operated and
maintained by SCRRA.
1.1.33 "Milliken Triangle Easement" is defined in Section 2.1.
1.1.34 "Negotiation Period" is defined in Section 2.1.
1.1.35 "Non -Station Easements" shall mean the property described in the
Aerial Easement and 8th Street Easement.
-3-
11231-0001\2708118v2.doc Page 83
1.1.36 "Party" means any party to this Agreement, and "Parties" means
two (2) or more of the Parties to this Agreement.
1.1.37 "Permitted Exceptions" is defined in Section 2.4.2.
1.1.38 "Permitted Transfer" is defined in Section 4.1.
1.1.39 "Plans and Specifications" means all drawings, landscaping and
grading plans, engineering drawings, final construction drawings, and any other plans or
specifications for construction of the Project.
1.1.40 "Project" has the meaning set forth in Recital B.
1.1.41 "Project Budget" is defined in Section 2.5.3.
1.1.42 "Property" shall mean collectively the Station Property and the
Non -Station Easements.
1.1.43 "Purchase Price" is defined in Section 2.1.
1.1.44 "Qualified Appraiser" is defined in Section 2.1.
1.1.45 "Released Parties" is defined in Section 2.8.3.
1.1.46 "Reserved Property" has the meaning set forth in Recital A.
1.1.47 "SBCTA Property" means the property described on Exhibit "A"
and improvements thereon.
1.1.48 "Schedule of Performance" means the schedule attached hereto as
Fxhihit "R"
1.1.49 "Scope of Development" means the improvements within the
Station Property as generally depicted on the Site Plan.
1.1.50 "SCRRA" means the Southern California Regional Rail
Authority.
1.1.51 "Seller" shall mean the City and SBCTA; wherever the Seller is
to approve an item, execute a document, or give consent, both City and SBCTA must give
approval, execute the document, or give consent; wherever Seller has a duty or obligation to
Developer or makes a representation to Developer then the duty, obligation, or representation is
made by City and/or SBCTA separately and as may be appropriate.
1.1.52 "Seller Conditions" is defined in Section 2.5.
1.1.53 "Station Property" shall mean the Developer Fee Property and
property described in the Milliken Triangle Easement.
-4-
11231-0001\2708118v2.doc Page 84
1.1.54 "Survey" is defined in Section 2.4.1.
1.1.55 "Title Commitment" is defined in Section 2.4.1.
1.1.56 "Title Company" shall mean the Escrow Holder (i.e., the Title
Company and the Escrow Holder are the same).
1.1.57 "Transfer" is defined in Section 4.1.
1.1.58 "Tunnel Easement" is defined in Section 2.4.2.
1.1.59 "Withholding Affidavit" is defined in Section 2.9.1.6.
2. PURCHASE AND SALE OF THE PROPERTY AND EASEMENTS,
PURCHASE PRICES; DEPOSIT.
2.1 Purchase and Sale; Purchase Prices. In accordance with and subject to the
terms and conditions set forth in this Agreement: (i) the Seller agrees to sell the easement in the
form attached hereto as Exhibit "F" (the "Aerial Easement") to Developer, and Developer agrees
to purchase the Aerial Easement from the Seller; (ii) the City agrees to sell the easements in the
forms attached hereto as Exhibit "E" (the "8th Street Easement") and Exhibit "G" (the "Milliken
Triangle Easement") to Developer, and Developer agrees to purchase the 8th Street Easement and
Milliken Triangle Easement from the City, (iii) SBCTA agrees to sell the SBCTA Property to
Developer, and Developer agrees to purchase the SBCTA Property from SBCTA and (iv) Seller
agrees to sell the City/SBCTA Property to Developer, and Developer agrees to purchase the
City/SBCTA Property from Seller.
The purchase price for the Developer Fee Property shall be the fair market value of
the Developer Fee Property, determined as described below. The allocation of the purchase price
of the Developer Fee Property between the City/SBCTA Property and the SBCTA Property shall
be determined by Seller.
The purchase prices for the Aerial Easement, the 8th Street Easement, and the
Milliken Triangle Easement shall be the fair market value of the Aerial Easement, the 8th Street
Easement, and the Milliken Triangle Easement, respectively, determined as described below. The
allocation of the purchase price for the Aerial Easement shall be determined by Seller.
The purchase prices for the Developer Fee Property, the Aerial Easement, the 8r''
Street Easement, and the Milliken Triangle Easement are collectively referred to herein as the
"Purchase Price".
The fair market values of the Developer Fee Property, the Aerial Easement, the 8th
Street Easement, and the Milliken Triangle Easement shall be determined separately, by one or
more appraisals or appraisal update(s) obtained by Developer and Seller not earlier than six (6)
months prior to the deadline for the Close of Escrow and not later than three (3) months prior to
the deadline for the Close of Escrow, at Developer's cost. A copy of the appraisal(s) and/or
update(s) shall be delivered to all Parties upon receipt.
-5-
11231-0001\2708118v2.doc Page 85
If Developer delivers written notice of disagreement with an appraised value,
describing in reasonable detail the specific reasons for disagreement, within ten (10) days after a
copy of the appraisal or appraisals or updates is delivered to Developer, then for a period of twenty
(20) days after delivery of such written notice of disagreement (the "Negotiation Period"), Seller
shall discuss the items in the Developer's notice with Developer and attempt to agree upon
appropriate revisions (but Seller shall retain the right to disagree with such items in Developer's
notice). If Seller and Developer fail to agree upon revisions within the Negotiation Period, then
each shall appoint a Qualified Appraiser (as hereinafter defined) within ten (10) days after the
expiration of the Negotiation Period by written notice to the other. Each Qualified Appraiser shall
complete and deliver to the Party which appointed such Qualified Appraiser an independent
appraisal report and a notice to Developer, Seller, and the other Qualified Appraiser that their
report is complete within ninety (90) days after the expiration of the Negotiation Period. As used
herein, the term "Qualified Appraiser" shall mean an appraiser that: (a) is a real estate appraiser
duly licensed in the State of California; (b) has at least 10 years' experience, on a full-time basis,
in appraising commercial property within Riverside and/or San Bernardino Counties; and (c) is
independent and has no relationship with any or all of Seller or Developer, or any affiliates of
Developer, nor may there have been any such relationship at any time during the five (5) year
period immediately preceding the designation of the appraiser. If only Developer or only Seller
appoints a Qualified Appraiser within such ten (10)-day period or only one Qualified Appraiser
delivers an appraisal report within said ninety (90) day period after expiration of the Negotiation
Period, then the fair market value of each real property interest shall be the amount noted in the
appraisal report of the only Qualified Appraiser.
Provided that both Developer and Seller appoint a Qualified Appraiser as set forth
above and at such time that both Qualified Appraisers have completed their appraisal reports
within ninety (90) days of the expiration of the Negotiation Period, the two Qualified Appraisers
shall each notify the other in writing of their determination of the fair market value of the property
interests, and the rationale therefor. If the difference between the two appraisals for any of the real
property interest is less than ten percent (10%) of the higher appraised value, then the fair market
value of such real property interest shall be the average of the two (2) appraisals. If the difference
between the two appraisals for any of the real property interest is greater than ten percent (10%)
of the higher appraised value, then the two Qualified Appraisers shall then together appoint a third
Qualified Appraiser (and deliver copies of their determinations of fair market value and rationale
therefor to such third Qualified Appraiser) within ten (10) business days after the last Qualified
Appraiser report was completed and delivered, but only to determine the fair market value with
respect to any such real property interests not resolved pursuant to the preceding sentence. The
third Qualified Appraiser shall be instructed to select, by written notice to each of Seller and
Developer within ten (10) business days of being appointed, the appraisal report prepared by the
first two Qualified Appraisers which the third Qualified Appraiser believes is more accurate. The
fair market value for the disputed real property interests in the appraisal so selected shall be
conclusively deemed to be the fair market value for such real property interests.
If the two Qualified Appraisers fail to timely appoint a third, or if both Developer
and Seller fail to appoint a Qualified Appraiser within ten (10) days of the expiration of the
Negotiation Period, then either Developer or Seller may apply to the American Arbitration
Association (or any organization successor thereto) to appoint a Qualified Appraiser, or in its
absence, refusal, failure or inability to act, may apply for a court appointment of such appraiser.
-6-
11231-0001\2708118v2.doc Page 86
The arbitration shall be conducted in the City of Rancho Cucamonga, County of San Bernardino,
State of California and, to the extent applicable and consistent with this Agreement, shall be in
accordance with the Commercial Arbitration Rules of the American Arbitration Association or
any successor body of similar function.
The fees and expenses of the Qualified Appraisers shall be shared equally by
Developer and Seller, but each Party shall be responsible for the fees and disbursements of its own
attorneys. Developer and Seller shall sign all reasonable documents and do all other things
reasonably necessary to submit any such matter to arbitration by the third Qualified Appraiser.
2.2 Deposit. Within ten (10) business days after the date this Agreement is
executed by the Seller and delivered to Developer, the Developer shall deposit the sum of FIFTY
THOUSAND AND NO/100 DOLLARS ($50,000.00) with Escrow Holder (together with all
interest thereon, the "Deposit"). The Deposit shall be held by Escrow Holder in an interest bearing
account. The Deposit shall be credited to the Purchase Price at the Close of Escrow. In the event
the Close of Escrow does not occur due to a default by Developer, the Deposit shall be delivered
to and retained by the Seller as liquidated damages for such default. If this Agreement is
terminated by Developer pursuant to its terms prior to the Close of Escrow, then the Deposit shall
be returned to Developer. DEVELOPER AND SELLER AGREE THAT BASED UPON THE
CIRCUMSTANCES NOW EXISTING, KNOWN AND UNKNOWN, IT WOULD BE
IMPRACTICAL OR EXTREMELY DIFFICULT TO ESTABLISH SELLER'S DAMAGES BY
REASON OF A DEFAULT BY DEVELOPER PRIOR TO THE CLOSE OF ESCROW.
ACCORDINGLY, DEVELOPER AND SELLER AGREE THAT IN THE EVENT OF A
DEFAULT BY DEVELOPER PRIOR TO THE CLOSE OF ESCROW, SELLER SHALL BE
ENTITLED TO THE DEPOSIT AS LIQUIDATED DAMAGES.
Developer Initials: Seller Initials (City): Seller Initials (SBCTA):
2.3 Opening and Closing of Escrow. Within five (5) business days after the
Date this Agreement is executed by the Seller and delivered to Developer, the Seller and the
Developer shall cause an escrow (the "Escrow") to be opened with Escrow Holder for the sale of
the Property by the Seller to Developer. The Parties shall deposit with Escrow Holder a fully
executed duplicate original of this Agreement as the escrow instructions for the Escrow and
Developer shall wire the Deposit to Escrow Holder. The Seller and Developer shall provide such
additional instructions as shall be necessary and consistent with this Agreement. Provided that
each of the conditions to closing described below shall have been satisfied, Escrow shall close (the
"Close of Escrow" or "Closing") on or before December 31, 2025. If the Close of Escrow does
not occur by such date, any Parry not then in default may terminate this Agreement by written
notice to the other and all the funds and documents deposited with Escrow Agent shall be promptly
refunded or returned, as the case may be, by Escrow Agent to the depositing Parry, except that all
escrow and title cancellation fees shall be paid by the Party or Parties in default.
2.4 Condition of Title; Title Insurance.
2.4.1 Title Exceptions; SurveX. Within thirty (30) days following the
Effective Date, Developer shall obtain one or more preliminary title reports for the Property
(collectively, the "Title Commitment") from the Title Company contemplating an owner's title
-7-
11231-0001\2708118v2.doc Page 87
policy(ies) for amounts determined by Developer with hyperlinks to title exception documents,
and shall email it to Seller at jason.welday@cityofrc.us, bgalloway@rwglaw.com,
jtillquist@gosbcta.com, rsmith@nossaman.com, and raschenbrenner@gosbcta.com. Developer's
approval or disapproval of title exceptions in such preliminary report shall occur during the Due
Diligence Period. Upon obtaining the title report, Developer may cause one or more ALTA
surveys (collectively, "Survey") to be performed within sixty (60) days with all plottable title
exceptions shown on the Survey. Developer shall promptly deliver a copy of the Survey to the
Seller together with any objections (if any) to the Survey and any other title exceptions to which
Developer objects, stating the reasons for the objections, all within thirty (30) days following its
receipt of the Survey. Failure to timely object in writing to any such exceptions shall be deemed
approval. Seller shall have ten (10) business days after delivery by Developer to Seller of a written
objection to such a title exception(s) to notify Developer in writing that Seller will: (a) remove
one or more of the objectionable exception(s) or cause them to be removed by the end of the Due
Diligence Period or reasonably insured over by the Title Company; (b) decline to remove one or
more exception(s) (and decline to cause them to be reasonably insured). Failure by Seller to so
notify Developer in writing shall be deemed to be Seller's election not to remove or otherwise
address the title exception(s) objected to by Developer. If Seller notifies Developer that Seller will
remove (or cause to be removed) one or more of such title exceptions, then Seller shall do so on
or before the Close of Escrow (unless this Agreement is terminated by Developer under this
Section or Section 2.8.2 below). If Seller fails to so notify Developer as to any exception, or
declines to remove or insure over title exceptions, then Developer may terminate this Agreement
by written notice to Seller as provided in Section 2.8.2. If Developer fails to so terminate this
Agreement as provided in Section 2.8.2, Developer shall be deemed to have approved and accepted
the applicable title exceptions (which, together with any title exceptions in the PTR that have been
approved by Developer and any title exception created by Developer including the CC&Rs, are
hereinafter referred to as the "Approved Title Exceptions"). As used herein, the term
"Disapproved Title Exceptions" shall mean any title exceptions that Seller has agreed to remove,
cause to be removed or cause to be reasonably "insured over" by title policy endorsement or
removal from the title policy to be issued to Developer at the Close of Escrow.
2.4.2 At the Close of Escrow, the Seller shall convey to Developer fee
title to the Developer Fee Property by grant deed in the form attached hereto as Exhibit "D"
(collectively, the "Grant Deed") and convey the Easements. Title to the Property shall be conveyed
subject to: (i) non -delinquent assessments for the tax year during which the conveyance occurs,
(ii) a reservation of a tunnel right of way easement under the Developer Fee Property to the benefit
of Seller and described in the Grant Deed (the "Tunnel Easement"), and (iii) all Approved Title
Exceptions, as referenced in the Grant Deed (collectively, the "Permitted Exceptions"). The
Parties agree that the terms of the Tunnel Easement, such as insurance and indemnity provisions,
shall be determined within ninety (90) days of the Effective Date of this Agreement in each Party's
sole discretion and any Party may terminate this Agreement for failure to reach such agreement,
in which event Developer shall receive a return of the Deposit.
2.5 Seller Conditions to Close of Escrow. The obligation of the Seller to close
Escrow shall be subject to the satisfaction (or express written waiver by the City Manager of City
and the Executive Director of SBCTA) of each of the following conditions (collectively, the
"Seller Conditions"):
-8-
11231-0001\2708118v2.doc Page 88
2.5.1 All required governmental permits, licenses, and approvals for the
development and construction of the Project shall have been issued, and NEPA shall have been
complied with respect to such permits, licenses, and approvals, as applicable, all as shown by
reasonable evidence delivered to Seller.
2.5.2 Developer shall have entered into a stipulated sum or guaranteed
maximum price construction contract for the Project or a construction contract for the Project
reasonably acceptable to Seller, and with respect to which Developer provides assurance by way
of payment and performance bonds, letter(s) of credit or the like that is sufficient to complete the
Project, consistent with the Project description, and which is with a reputable, experienced
contractor, and shall have delivered a copy to Seller.
2.5.3 Developer shall have submitted to the City Manager and the
Executive Director of SBCTA a Project budget (the "Project Budget"), together with evidence in
a form reasonably satisfactory to the City Manager and Executive Director demonstrating that the
Developer has sufficient allocated sources of financing, including, but not limited to, grants,
private activity bond allocations and taxable financing, and additional capital funds (i.e., "equity")
available and the sources of such equity have committed to pay all of the costs of development of
the Project that will not be paid by secured and unsecured loans, grants or other financing sources,
including cost overruns and/or a reasonable contingency.
2.5.4 The delivery by Developer of all documents and funds required to
be delivered pursuant to Section 2.10 hereof.
2.5.5 Developer shall have performed, observed and complied with all
covenants, agreements and conditions required by this Agreement to be performed, observed and
complied with on its part prior to or as of the Close of Escrow.
2.5.6 The representations of the Developer contained in Section 7.1 of
this Agreement being true and correct in all material respects.
2.5.7 On or before the date that is ninety (90) days after the Effective
Date, Seller and Developer shall have approved (each in their sole and absolute discretion) a
recordable document in the nature of "conditions, covenants, restrictions and easements" that
coordinates the ownership and operation of the Developer Fee Property being sold to Developer
with the Reserved Property retained by Seller ("CC&Rs") including, if and to the extent the Parties
agree, provisions such as described on Exhibit "I" attached hereto, which shall be recorded against
said property at the Close of Escrow. The CC&Rs are anticipated to include, and/or the Parties
are anticipated to consider for inclusion the following: (1) a pedestrian easement appurtenant in
favor of and for access between the Reserved Property and the Metrolink station site traversing
the Developer Fee Property in one of the two potential locations shown on the Site Plan; (2) a
utility easement appurtenant in, under and through the Developer Fee Property in favor of the
Reserved Property for mechanical, electrical or other miscellaneous conduit and equipment
appurtenant to the operation of the Reserved Property for parking purposes; (3) an easement
appurtenant in favor of the Developer Fee Property for Brightline's pillars/support beams within
the Reserved Property; (4) a reciprocal use restriction for transit purposes only on the Developer
Fee Property and the Reserved Property; (5) a right of first negotiation/offer for Developer to
-9-
11231-0001\2708118v2.doc Page 89
acquire the Reserved Property; (6) reference to the temporary reversionary right of Seller with
respect to the Developer Fee Property; (7) reciprocal construction and operation insurance and
indemnity provisions; (8) reciprocal maintenance and access requirements; (9) an obligation to
operate the train station at the Station Property at all times Developer maintains a high-speed
passenger rail system through Rancho Cucamonga; (10) a pedestrian easement appurtenant in,
under, through, and across the Developer Fee Property in favor of the SBCTA owned railroad right
of way as necessary to provide access between the Adjacent Property and the north Metrolink
platform via a pedestrian undercrossing; and (11) a temporary construction easement addressing
the terms and negotiation points set forth in Section 4 of Exhibit I. The Parties hereby waive the
implied covenant(s) of good faith and fair dealing with respect to the negotiation of the CC&Rs
and Tunnel Easement and the approval of the CC&Rs and Tunnel Easement is subject to the sole
discretion of each of the Parties.
2.5.8 Developer shall have delivered to Seller reasonable evidence that
the insurance required of Developer under the CC&Rs shall have been obtained (such as insurance
certificates, showing Seller as additional insureds).
2.5.9 Pursuant to the terms of Section 3.4 below, the City Manager and
the Executive Director of SBCTA shall have reviewed and approved the plans and specifications
for the Project for consistency with the Site Plan and this Agreement.
2.6 Developer Conditions to Close of Escrow. The obligations of the Developer
to close escrow shall be subject to the satisfaction (or waiver by Developer) of the following
conditions (the "Developer Conditions"):
2.6.1 There shall have been no change to the physical or environmental
condition of the Property and no new title exceptions after the date of the title report that, in either
case, would materially and adversely affect the development, use or operation of the Project.
2.6.2 The representation of the Seller contained in Section 7.2 of this
Agreement being true and correct.
2.6.3 The delivery by Seller of all documents required to be delivered
pursuant to Section 2.9 hereof.
2.6.4 The Title Company shall have committed to issue at the Close of
Escrow an owner's title insurance policy(ies), with any extended coverage and endorsements
requested by Developer, showing fee simple title to the Developer Fee Property vested in
Developer (or Developer's assignee as permitted by this Agreement) and the Easements, subject
only to the Permitted Exceptions.
2.6.5 Seller shall have performed, observed and complied with all
covenants, agreements and conditions required by this Agreement to be performed, observed and
complied with on its part prior to or as of the Close of Escrow.
2.6.6 Seller and Developer shall have approved, executed and caused to
be acknowledged the CC&Rs (which shall be recorded at the Close of Escrow).
-10-
11231-0001\2708118v2.doc Page 90
2.6.7 Seller shall have delivered to Developer reasonable evidence that
the insurance required of Seller under the CC&Rs shall have been obtained (such as insurance
certificates, showing Developer as additional insured).
2.7 Costs; Escrow Holder Settlement Statement.
2.7.1 Developer will pay the cost of a standard coverage title policy;
Developer will pay any additional costs of the title policy. Developer will pay the cost of all
documentary transfer taxes and the Escrow fees. Any other costs will be allocated between
Developer and Seller in accordance with customary practice in the County in which the Property
is situated. Real property taxes and any other matters to be prorated will be prorated as of the
Close of Escrow.
2.7.2 Escrow Holder is authorized on the Close of Escrow to pay and
charge the Developer for any fees, charges and costs payable under Section 2.7.1 above as set forth
on the settlement statements approved by the Parties. Before such payments are made, Escrow
Holder shall notify the Seller and Developer of the fees, charges, and costs necessary to close under
the Escrow, by delivering draft settlement statements to the Parties for their mutual approval.
2.8 Condition of the Property.
2.8.1 "As -Is" Sale. Developer acknowledges and agrees that, except as
expressly set forth herein, and subject to Developer's rights to inspect title and the Survey
described in Sections 2.4 above and the physical condition of the Developer Fee Property described
in Section 2.8.2 below (and Developer's rights to terminate this Agreement as provided therein),
Developer is acquiring the Developer Fee Property in its "AS IS" condition, without representation
or warranty (express or implied) and subject to all matters of record and all defects and conditions,
whether patent or latent, and subject further to all legal requirements such as taxes, assessments,
zoning, use permit requirements and building codes, and other laws, based solely on Developer's
own inspection, analysis and evaluation and not in reliance on any information provided by or on
behalf of Seller.
2.8.2 Delivery of Document by Seller; Inspections by Developer; Due
Diligence Period. Within ten (10) business days after the Effective Date, Seller shall deliver to
Developer copies of all material, non -privileged documents in the possession of Seller that pertain
to the Property (the "Documents"). Upon the Effective Date of this Agreement until the date that
is one hundred and twenty (120) days after the Effective Date (the "Due Diligence Period"),
Developer and its contractors and consultants who are designated in writing to Seller (the
"Developer Designees") shall have the right to enter onto the Property (without disturbing any
occupants thereof) for the purpose of performing the Survey (in the first thirty days), hazardous
materials inspections, soils inspections and other physical inspections and investigations;
provided, however, that: (a) Developer shall deliver copies of all inspection reports to City and/or
SBCTA; (b) no inspections or investigations shall damage the Property or any improvements
thereon or shall be "invasive" unless the Seller has received a plan describing the scope of the
inspection or investigation and has issued a notice to proceed with such plan in writing, which
notice to proceed shall not be unreasonably withheld; (c) Developer shall immediately repair all
damage caused by or related to its inspections; and (d) neither Developer nor any of Developer
-11-
11231-0001\2708118v2.doc Page 91
Designees shall enter the Property unless Developer has provided Seller reasonable written
evidence (such as insurance certificates and/or copies of policies) that the activities of Developer
and the Developer Designees are covered by reasonable liability insurance naming Seller as an
additional insured. Developer shall defend, indemnify and hold Seller harmless from and against
any and all claims, liabilities, losses, damages, costs and expenses (including, without limitation,
attorneys' fees and cost) arising from or caused by any such entries or inspections, including entries
and inspections by Developer Designees (except that Developer shall not be liable for (i) existing
conditions that are merely discovered but not caused or contributed to by Developer or its
designated consultants/contractors/surveyor, or (ii) the gross negligence or intentional misconduct
of Seller). If Developer (acting in good faith) disapproves any condition of the Property or any
Document, then Developer may terminate this Agreement by written notice to Seller given on or
prior to the end of the Due Diligence Period that describes the basis for the disapproval.
2.8.3 Releases and Waivers. Developer acknowledges and agrees that
in the event Developer does not approve of the condition of the Property under Section 2.8.2,
Developer's sole right and remedy shall be to terminate this Agreement under and in accordance
with Section 2.8.2. Consequently, Developer hereby waives any and all objections to or
complaints regarding the Developer Fee Property and its condition, including, but not limited to,
federal, state or common law based actions and any private right of action under state and federal
law to which the Developer Fee Property is or may be subject, including, but not limited to,
CERCLA, RCRA, physical characteristics and existing conditions, including, without limitation,
structural and geologic conditions, subsurface soil and water conditions and solid and hazardous
waste and Hazardous Materials on, under, adjacent to or otherwise affecting the Developer Fee
Property. Effective upon Close of Escrow, Developer further hereby assumes the risk of changes
in applicable laws and regulations relating to past, present and future environmental conditions on
the Developer Fee Property and the risk that adverse physical characteristics and conditions,
including, without limitation, the presence of Hazardous Materials or other contaminants, may not
have been revealed by its investigations.
Effective upon Close of Escrow, Developer and anyone claiming by, through or
under Developer also hereby waives its right to recover from and fully and irrevocably releases
Seller, Southern California Regional Rail Authority (SCRRA), and each of Seller's (City's and
SBCTA's) and SCRRA's council members, board members, employees, officers, directors,
representatives, agents, servants, attorneys, successors and assigns ("Released Parties") from any
and all claims, responsibility and/or liability that it may now have or hereafter acquire against any
of the Released Parties for any costs, loss, liability, damage, expenses, demand, action or cause of
action arising from or related to (i) the condition (including any defects, errors, omissions or other
conditions, latent or otherwise, and the presence in the soil, air, structures and surface and
subsurface waters of materials or substances that have been or may in the future be determined to
be Hazardous Materials or otherwise toxic, hazardous, undesirable or subject to regulation and that
may need to be specially treated, handled and/or removed from the Developer Fee Property under
current or future federal, state and local laws regulations or guidelines), valuation, salability or
utility of the Developer Fee Property, or its suitability for any purpose whatsoever, and (ii) any
information furnished by the Released Parties under or in connection with this Agreement. This
release includes claims of which Developer is presently unaware or which Developer does not
presently suspect to exist which, if known by Developer, would materially affect Developer's
-12-
11231-0001\2708118v2.doc Page 92
release to City. Effective upon Close of Escrow, Developer specifically waives the provision of
California Civil Code Section 1542, which provides as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
THAT THE CREDITOR OR RELEASING PARTY DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT
THE TIME OF EXECUTING THE RELEASE AND THAT, IF
KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR
OR RELEASED PARTY."
In this connection and to the extent permitted by law, Developer hereby agrees,
represents and warrants that Developer realizes and acknowledges that factual matters now
unknown to it may have given or may hereafter give rise to causes of action, claims, demands,
debts, controversies, damages, costs, losses and expenses which are presently unknown,
unanticipated and unsuspected, and Developer further agrees, represents and warrants that the
waivers and releases herein have been negotiated and agreed upon in light of that realization and
that Developer nevertheless hereby intends to release, discharge and acquit Released Parties from
any such unknown causes of action, claims, demands, debts, controversies, damages, costs, losses
and expenses which might in any way be included as a material portion of the consideration given
to Seller by Developer in exchange for Seller's performance hereunder.
Developer hereby agrees that, if at any time after the Close of Escrow any third
parry or any governmental agency seeks to hold Developer responsible for the presence of, or any
loss, cost or damage associated with, Hazardous Materials in, on, above or beneath the Developer
Fee Property or emanating therefrom, then Developer waives any rights it may have against Seller
in connection therewith, including, without limitation, under CERCLA, and Developer agrees that
it shall not (i) implead City and/or SBCTA, (ii) bring a contribution action or similar action against
City and/or SBCTA, or (iii) attempt in any way to hold Seller responsible with respect to any such
matter. The provisions of this Section 2.8.3 shall survive the Close of Escrow.
Seller has given Developer material concessions regarding this transaction in
exchange for Developer agreeing to the provisions of this Section 2.8.3. Seller and Developer
have each initialed this Section 2.8.3 to further indicate their awareness and acceptance of each
and every provision hereof.
CITY'S INITIALS SBCTA'S INITIALS DEVELOPER'S INITIALS
2.9 Deposits into Escrow b. Ste.
2.9.1 The Seller hereby covenants and agrees to deliver to Escrow
Holder prior to the Close of Escrow the following instruments and documents, the delivery of each
of which shall be a condition of the Close of Escrow:
2.9.1.1 The Grant Deed duly executed by the Seller and
acknowledged, in the form attached hereto as Exhibit "D".
-13-
11231-0001\2708118v2.doc Page 93
2.9.1.2 The 8th Street Easement, duly executed by the City and
acknowledged, in the form attached hereto as Exhibit "E",
2.9.1.3 The Aerial Easement duly executed by the Seller and
acknowledged, in the form attached hereto as Exhibit "F",
2.9.1.4 The Milliken Triangle Easement duly executed by the
City and acknowledged, in the form attached hereto as Exhibit "G.
2.9.1.5 The CC&Rs;
2.9.1.6 If required by Escrow Holder, the affidavit as
contemplated by California Revenue and Taxation Code 590 ("Withholding Affidavit").
2.9.1.7 If required by Escrow Holder, a Certification of Non
Foreign Status in accordance with I.R.C. Section 1445 (the "FIRPTA Certificate').
2.9.1.8 Such proof of the Seller's authority and authorization to
enter into this transaction as the Title Company may reasonably require in order to issue
Developer's policy of title insurance.
2.10 Deposits into Escrow by Developer.
2.10.1 The Developer hereby covenants and agrees to deliver to Escrow
Holder prior to the Close of Escrow the following instruments and documents duly executed and
acknowledged where appropriate, the delivery of each of which shall be a condition of the Close
of Escrow:
2.10.1.1 The Purchase Price less the Deposit plus closing
(escrow/title insurance/transfer taxes) costs.
2.10.1.2 A counterpart of the 8th Street Easement, duly executed
by Developer and acknowledged.
2.10.1.3 A counterpart of the Aerial Easement, duly executed by
Developer and acknowledged.
2.10.1.4 A counterpart of the Milliken Triangle Easement, duly
executed by Developer and acknowledged.
2.10.1.5 A counterpart of the CC&Rs, duly executed by
Developer and acknowledged.
2.11 Authorization to Record Documents and Disburse Funds. Escrow Holder
is hereby authorized to record the Grant Deed, followed by the CC&Rs, followed by the
-14-
11231-0001\2708118v2.doc Page 94
Easements, and then disburse the funds and documents called for hereunder upon the Close of
Escrow to the applicable Party, provided each of the following conditions has then been fulfilled:
(i) The Title Company can issue in favor of Developer an owner's
Policy of Title Insurance, with liability equal to the applicable Purchase Price (or such
lesser amount as shall have been requested by Developer), showing the Developer Fee
Property vested in Developer and the Easements vested in Developer subject only to the
Permitted Title Exceptions.
(ii) The Seller and the Developer shall have deposited in Escrow the
documents and funds required pursuant to Sections 2.9 and 2.10.
(iii) The Seller and Developer have confirmed to Escrow Holder that all
Seller Conditions and Developer Conditions have been satisfied or expressly waived in
writing by the Party benefited thereby.
Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of
Escrow any instrument delivered through this Escrow if necessary or proper for issuance of
Developer's title insurance policy.
2.12 Escrow's Closing Actions. On the Close of Escrow, Escrow Holder shall:
2.12.1 Record the Grant Deed, CC&Rs, and Easements, in that order, in
the Official Records of San Bernardino County;
2.12.2 Issue the Title Policy (or cause the Title Company to issue the
Title Policy);
2.12.3 Prorate assessments as of the Close of Escrow in accordance with
the settlement statements approved by the Parties and pay the costs shown thereon;
2.12.4 From funds deposited by Developer, pay the Purchase Price to
Seller (less costs payable by Seller as shown on the approved Settlement Statement) by wire
transfer (as instructed in writing by City), and return any excess to Developer;
2.12.5 Prepare and deliver to both Developer and the Seller one signed
copy of Escrow Holder's settlement statement showing all receipts and disbursements of the
Escrow; and
2.12.6 If applicable, deliver the FIRPTA Certificate and the Withholding
Affidavit to Developer.
3. DEVELOPMENT COVENANTS.
3.1 License to Use Parking; Development of the Project. City and SBCTA shall
have an irrevocable license after the Close of Escrow to use the parking spaces located on the
Station Property until the completion of the development of the Project, but only to the extent that
such parking is reasonably possible taking into consideration such development of the
-15-
11231-0001\2708118v2.doc Page 95
Improvements. Seller shall, at Seller's cost, obtain and provide Developer with reasonable
evidence of reasonable liability insurance naming Developer as additional insured covering such
license. Additionally, if and to the extent not covered by such insurance, Seller shall defend,
indemnify and hold Developer harmless from and against any and all claims, liabilities, losses,
damages, costs and expenses (including attorneys' fees and costs) incurred or suffered by
Developer arising from or caused by any such entries related to the license, (except that Seller shall
not be liable for (i) existing conditions that are merely discovered but not caused or contributed to
by Seller or its designated consultants/contractors/surveyor, or (ii) the gross negligence or
intentional misconduct of Developer). Seller's obligations under the preceding two sentences shall
survive Closing for so long as such license is in effect.
3.2 Intentionally Omitted.
3.3 Development of Improvements. Developer shall develop the Improvements
on the Station Property in accordance with the Scope of Development, the Schedule of
Performance (as extended by Force Majeure Delays or under Section 8.12 below), all requirements
of any and all applicable federal, state and local laws, rules and regulations, the Plans and
Specifications, and all other terms, conditions and requirements of this Agreement.
3.4 Seller's Right to Review Plans and Specifications and Changes to Site Plan.
In connection with construction of the Project, Developer shall comply with Plans and
Specifications approved by the Seller in its proprietary capacity, and shall comply with Exhibit
"H" in connection therewith. The Plans and Specifications must: (i) conform in all material
respects to the Site Plan; (ii) comply with all applicable laws, building codes, regulations,
ordinances, rules, directives, covenants, or restrictions of record (collectively, "Applicable
Requirements"); and (iii), substantially reflect the style and quality of existing Brightline stations;
however, Seller acknowledges that as of the Effective Date, the Plans and Specifications have not
been completed, and that in the course of preparing them and designing the Project, changes to the
Site Plan are likely to be required; consequently, Seller shall not unreasonably withhold consent
to non -substantial changes to the Site Plan required to accommodate the design/Plans and
Specifications. Seller shall not be deemed to have reviewed any plans, drawings or specifications
from an engineering or technical standpoint, and Seller shall have no liability whatsoever to
Developer or any third parry based on or arising out of any patent or latent defect in the design or
construction of the Improvements and any alterations thereto. Any review and/or approval of any
or all of such the Plans and Specifications or Improvements by Seller in its proprietary capacity (i)
may not be relied upon by Developer (other than for the purpose of indicating that such review
and approval occurred) and (ii) does not release, relieve or waive any obligation, liability or duty
of Developer or any right or remedy of Seller (other than relating to whether the review and/or
approval, as applicable, has occurred).
3.5 Costs of Entitlement, Development and Construction. The Developer
agrees that all costs, expenses and fees associated with the development and construction of the
Project including the costs for developing and constructing the Improvements thereon (including,
but not limited to, the Station Property acquisition costs and governmental permits and approvals)
shall be borne by Developer.
-16-
11231-0001\2708118v2.doc Page 96
3.6 Governmental Permits and Approvals. Before commencement of
construction or development of any work of improvement on the Station Property, Developer shall
(at Developer's expense) secure, or cause to be secured, any and all permits which may be required
by any governmental agency having jurisdiction over such construction or development.
Developer shall, within ten (10) days after Seller delivers written request to Developer, provide
Seller with copies of all permits and other documents, and other information evidencing
Developer's compliance with any Applicable Requirements specified by Seller. Developer shall
promptly notify Seller in writing (with copies of any documents involved) of any actual claim,
notice, citation, complaint or report pertaining to or involving the failure of Developer or the
Station Property to comply with any Applicable Requirements.
3.7 No Agency Created. In performing this Agreement, Developer is an
independent contractor and not the agent of the Seller. The Seller is not an agent of Developer.
The Seller shall not have any responsibility whatsoever for payment to any contractor or supplier
of Developer or its contractors. Developer shall not have any responsibility whatsoever for
payment to any contractor or supplier of the Seller.
4. LIMITATIONS ON TRANSFERS AND SECURITY INTERESTS.
4.1 Restrictions on Transfer of Developer's Rights and Obligations. Except as
expressly provided otherwise herein, including a Permitted Transfer as defined below, until the
Project is developed and the high-speed passenger rail system is operating, Developer shall not
sell, assign, transfer, mortgage, lease (except for retail/restaurant space leases consistent with the
Project description and conditioned upon Project completion), hypothecate, or convey
(collectively, a "Transfer") the Project or any part thereof or any of Developer's rights or
obligations hereunder, or agree to do so, or transfer fifty percent (50%) or more of the ownership
interests in Developer in a single transaction or series of transactions, without the Seller's prior
written consent, which consent may be granted or withheld in the Seller's sole and absolute
discretion, except that the foregoing shall be deemed permitted and shall not require the consent
of Seller: (i) the execution of one or more deeds of trust and related instruments securing
Developer's construction loan, or a conveyance of the Property resulting from the foreclosure
thereof (or a deed in lieu of such a foreclosure); or (ii) provided Developer delivers to Seller
reasonable evidence prior to the applicable transaction, assignment or transfer that the applicable
transaction, assignment or transfer qualifies as a permitted transfer, then any of the following (each
a "Permitted Transfer"):
(a) If Developer converts to a corporation under applicable law (but not
a nonprofit corporation or other entity that may be entitled to an exemption from property taxes),
and provides written evidence thereof to Seller, then an offering of Developer's stock to the public
pursuant to a registered securities offering;
(b) If Developer converts to a corporation under applicable law (but not
a nonprofit corporation or other entity that may be entitled to an exemption from property taxes),
and provides written evidence thereof to Seller, the transfer of Developer's stock on a national
securities exchange or through the NASDAQ national market system or other over-the-counter
market;
-17-
11231-0001\2708118v2.doc Page 97
(c) The transfer of any of Developer's stock (if Developer shall have
converted to a corporation under applicable law) or membership interest to its employee, officer,
or management pursuant to an employee stock ownership plan or other arrangement with one or
more employees, officers, or management;
(d) The transfer of less than a majority of Developer's voting shares (if
Developer shall have converted to a corporation under applicable law), or the transfer of less than
a majority of the membership interests in Developer provided in each case that no change of control
occurs (i.e., no change in the key individuals at Brightline West currently responsible for the
Project without the appropriate replacements thereof) as a result thereof or as a result of a series
of such transfers;
(e) The transfer of a majority of Developer's voting shares (if
Developer shall have converted to a corporation) or membership interests; provided that (i) there
shall be no diminution in the net worth of Developer following such transfer as compared to the
net worth of Developer prior to such transfer, and (ii) such transfer shall not affect Developer's
ability to operate the Project because the transfer will not cause any change to the key individuals
at Brightline West responsible for the Project without the appropriate replacements thereof and
(iii) the transfer is not to a nonprofit entity or other entity that may be entitled to an exemption
from property taxes;
(f) A transfer of an equity interest (i) in connection with a transaction
solely with (A) a parent, subsidiary, affiliate, division, or entity controlling, controlled by, or under
common control with Developer or (B) a successor entity as a result of merger, consolidation,
reorganization, or government action; or (ii) in connection with any transfer by the sole member
of Developer of a portion of its ownership interests in Developer to any person, provided the
member of Developer both retains an interest therein and maintains control of Developer; provided
that neither (i) nor (ii) result in the Developer's becoming a nonprofit entity or other entity that
may be entitled to an exemption from property taxes;
(g) The sale of the Project in connection with a sale of substantially all
of the assets of Developer to an entity other than a nonprofit entity or other entity that may be
entitled to an exemption from property taxes; provided that (a) the net worth of assignee is equal
to or greater than the net worth of Developer prior to such transfer as shown by reasonable evidence
delivered to Seller prior to the assignment, and (b) such assignee is reputable and has significant
experience in successfully operating projects like the Project as shown by reasonable evidence
delivered to Seller prior to the assignment, and has the ability to operate the Project or has engaged
an operator with such qualifications to do so, as shown by reasonable evidence delivered to Seller
prior to the assignment.
Developer acknowledges that the identity of Developer is of particular concern to
the City, and it is because of Developer's identity that the Seller has entered into this Agreement
with Developer. Except for any Permitted Transfers, or any other transfer approved by the Seller
in writing, and except for any Holder (defined in the CC&Rs below) that has taken possession of
the Property, no voluntary or involuntary successor in interest of Developer shall acquire any rights
or powers under this Agreement or any rights to or interest in the Property until the train is
operational. No transfer or assignment of Developer's interest hereunder without the Seller's prior
-18-
11231-0001\2708118v2.doc Page 98
written approval shall be deemed to release Developer from the obligations of Developer
hereunder. This Section 4.1 shall survive the Closing until the Project is developed and the high-
speed passenger rail system is operating.
5. DEFAULT, REMEDIES AND TERMINATION.
5.1 Defaults. The occurrence of any or all of the following shall constitute a
default ("Event of Default") under this Agreement:
5.1.1 Developer's failure to timely close the purchase of the Property;
5.1.2 Developer's failure to timely perform its other obligations in the
Schedule of Performance (as extended pursuant to Section 8.12 below) within ninety (90) days
after written notice from Seller specifying the nature of such failure;
5.1.3 Developer's violation of Section 4.1; provided, however, with
respect to any violation of Section 4.1 that is not an assignment of this Agreement, Developer shall
have thirty (30) business days after delivery of written notice from Seller of such violation to void,
terminate, or reverse such violation;
5.1.4 Developer's failure or refusal to keep in force and effect any permit
or approval with respect to construction of the Project, and Developer's failure to cure such breach
within thirty (30) days after notice from the Seller of Developer's breach; provided, however, if
such breach is not reasonably curable within such thirty (30) day period, then Developer shall be
deemed in Default only if Developer does not commence to cure such breach within such thirty
(30) day period and thereafter fails to diligently prosecute such breach to completion; or
5.1.5 Filing of a petition in bankruptcy by or against any Party or
appointment of a receiver or trustee of any property of any Party, or an assignment by any Party
for the benefit of creditors, or adjudication that such Party is insolvent by a court, and the failure
of such Party to cause such petition, appointment, or assignment to be removed or discharged
within one hundred twenty (120) days.
5.1.6 Except as otherwise provided above in this Section 5.1, a breach of
any material term of this Agreement by any Party not involving the payment of money and failure
of such Party to cure such breach within thirty (30) days after the non -defaulting Party has given
written notice to the defaulting Party; provided, however, if such breach is not reasonably curable
within such thirty (30) day period, then such Party shall be deemed in Default only if such Party
does not commence to cure such breach within such thirty (30) day period and thereafter fails to
diligently prosecute such breach to completion;
5.2 Remedies.
5.2.1 Remedies Prior to the Close of Escrow. Upon the occurrence of
any Event of Default by any Party prior to the Close of Escrow, the non -defaulting Party shall have
the right to terminate this Agreement, by delivering written notice thereof to the defaulting Party,
and if the defaulting Party is Developer, Seller may obtain and retain the Deposit as liquidated
damages.
-19-
11231-0001\2708118v2.doc Page 99
5.2.2 Remedies for Default After the Close of Escrow. Upon an Event
of a Default after the Close of Escrow, each Party shall be entitled to all damages, costs and losses
incurred, and may seek against the defaulting Party or Parties any available remedies at law or
equity, and if an Event of Default by Developer occurs with respect to Section 4.1, or Developer
fails to comply with any of the deadlines in the Schedule of Performance (as extended by Force
Majeure Delays or under Section 8.12 below), Seller shall also have a right of termination
exercisable upon notice to Developer, and may reenter and take possession of the Developer Fee
Property and all Improvements thereon, and revest in Seller title to the Developer Fee Property
theretofore conveyed to the Developer (or its successors in interest) and the Improvements, subject
to the payment of the applicable amount described in the following paragraph. Developer shall
acknowledge and deliver a grant deed to effectuate the foregoing reversionary right free and clear
of all liens and encumbrances created by or with the consent of Developer. Notwithstanding
anything to the contrary in Section 5.2.3, if Seller must pay more than such purchase price, less its
costs, to cause a reconveyance/termination of any deed of trust or other lien, then Seller shall have
the right to recover such amount, with interest at the rate applicable to judgments, from Developer.
If Developer obtains one or more construction loan(s) or other financing secured
by any of the Developer Fee Property, Seller will execute and deliver a duly acknowledged
subordination agreement(s) in a form(s) acceptable to Seller (in its sole discretion) to subordinate
its rights of reversion to the construction loan deed(s) of trust if required by the lender; provided,
however, that such subordination agreement is limited to secured obligations relating to the
construction of the Project (such that Seller's exercise of the reversionary right shall cause the
trustee of such deeds of trust to partially reconvey the deed of trust from the Developer Fee
Property, prior to the commencement of construction, upon payment of the Purchase Price
hereunder and, following the commencement of construction, upon payment to the lender of the
hard and soft costs expended by such lender as of such date with respect to the construction of the
Project); provided, however, in no event shall any funds paid by Seller hereunder to such lender
to cause the partial reconveyance of the deed of trust go to Developer.
5.2.3 Limits. Subject to and except as provided in the last sentence of
the first paragraph of Section 5.2.2 above, under no circumstances shall any Party be liable to any
other Party under this Agreement for any speculative, punitive or indirect damages or for any loss
of profits suffered or claimed to have been suffered; provided, however, the foregoing limitations
shall not prohibit the recovery of any direct damages and shall not apply to damages covered by
insurance (or that should have been covered by insurance if the insurance required hereunder had
been maintained). For the avoidance of doubt, this Section 5.2.3 applies only to this Agreement
and not to the CC&Rs. For the purpose of clarification and avoidance of doubt, the Parties
acknowledge and agree that the following are, without limitation, examples of recoverable direct
damages and unrecoverable indirect damages: If the building fagade from one Party's
improvements falls onto another Parry's improved property, which improved property may include
a parking area, lot or structure, and someone is injured, real or personal property is damaged, or
the other parry loses some or all of its ability to park and/or charge for parking or receive parking
revenue until the property is repaired, all three of those damages are direct damages and therefore
are recoverable, including any (and all) cost(s) and expense(s) of leasing a replacement parking
lot(s); however, if the other Party leases such a replacement parking lot and someone gets injured
there or if someone is injured during the cleanup of the damaged property, those would be indirect
damage events and not recoverable unless it is otherwise direct damages due to some other direct
-20-
11231-0001\2708118v2.doc Page 100
cause, such as an additional act or omission, including negligence or willful act or failure to act,
of the one Party. The Parties acknowledge and agree that a Party cannot recover twice for the
same losses.
5.3 No Speculation. The rights established in this Article are to be interpreted
in light of the fact that the Seller will convey the Property to Developer for development and
operation of the Project thereon and not for speculation in the Property or for construction of
different improvements.
5.4 No Personal Liability. The obligations of the Parties under this Agreement
shall not constitute personal obligations of any Party's councilmembers, directors, principals,
officers, employees or affiliates, and no Party shall seek recourse against any other Party's
individual councilmembers, directors, principals, officers, employees or affiliates, or any of their
personal assets for such satisfaction.
5.5 Rights and Remedies are Cumulative. The rights and remedies of the
Parties are cumulative, and the exercise by any Party of one or more of such rights or remedies
shall not preclude the exercise by it, at the same time or different times, of any other rights or
remedies for the same default or any other default by another Party; provided, however, that
liquidated damages specified herein shall constitute the sole damages recoverable for the default
giving rise to such liquidated damages.
5.6 Inaction Not a Waiver of Default. Any failures or delays by any Party in
asserting any of its rights and remedies as to any default shall not operate as a waiver of any default
or of any such rights or remedies, or deprive such Party of its rights to institute and maintain any
actions or proceedings which it may deem necessary to protect, assert or enforce any such rights
or remedies. The acceptance by a Party of less than the full amount due from the other Party or
Parties shall not constitute a waiver of such Party's right to demand and receive the full amount
due, unless such Party executes a specific accord and satisfaction.
5.7 Force Majeure. Following the Close of Escrow, and notwithstanding
anything to the contrary in this Agreement, nonperformance shall be excused when performance
by a Party or Parties is prevented or delayed by reason of any of the following forces reasonably
beyond the control of such Party or Parties (a "Force Majeure Delay"): (i) failure to perform by a
Party attributable to any strike, lockout or other labor or industrial disturbance (whether or not on
the part of the employees of any Party hereto), civil disturbance, future order claiming jurisdiction,
act of the public enemy, war, riot, sabotage, blockade, embargo, inability to secure customary
materials, supplies or labor through ordinary sources by reason of new regulation or order of any
government or regulatory body; and (ii) delay attributable to severe weather, lightning, earthquake,
fire, storm, hurricane, tornado, flood, washout, explosion, or any other cause beyond the
reasonable control of the Party or Parties from whom performance is required, or any of its
contractors or other representatives. Any prevention, delay or stoppage due to any Force Majeure
Delay shall excuse the performance of the Party or Parties affected for a period of time equal to
any such prevention, delay or stoppage (except the obligations of either party to pay money to the
other party or to close escrow) provided that the Party or Parties claiming the Force Majeure Delay
notifies the other Party or Parties of the Force Majeure Delay within a reasonable time (not to
exceed twenty (20) business days) after the commencement of the Force Majeure Delay.
-21-
11231-0001\2708118v2.doc Page 101
6. INSURANCE: INDEMNITY.
6.1 Insurance.
(a) Prior to Close of Escrow. On or before Developer's entry onto the
Property for the purpose of inspections or any construction -related activities for the Project,
Developer shall procure and maintain, at its sole cost and expense, the following insurance:
(1) Commercial General Liability (CGL) with a limit not less
than two million dollars ($2,000,000) per each occurrence and a general aggregate limit of not less
than five million dollars ($5,000,000) providing coverage for bodily injury, property damage, and
personal injury through any combination of primary and excess or umbrella liability insurance
policies with limits restating annually. The CGL insurance must be written on an ISO occurrence
form CG 00 01 04 13 or (with approval from Seller) substitute forms at least as broad as CG 00
01 04 13 coverage. All excess or umbrella policies must be "follow form" and afford no less
coverage than the primary policy. Such CGL must provide coverage to the Indemnified Parties
(defined in the indemnity provisions below) as additional insureds using ISO Additional Insured
Endorsement CG 20 10. Coverage shall be provided to the Indemnified Parties for claims
proximately caused by reason of construction activities and the location and placement of
improvements within the Property, unless caused by an Indemnified Party's gross negligence or
willful misconduct.
6.2 Indemnity. From and after the execution of this Agreement, Developer
hereby agrees to indemnify, defend, protect, and hold harmless the Seller and any and all agents,
employees, representatives, council members, board members, consultants, and officers of each
Seller (all such indemnitees being referred to as the "Indemnified Parties"), from and against all
losses, liabilities, claims, damages (including foreseeable or unforeseeable consequential
damages), penalties, fines, forfeitures, costs and expenses (including all reasonable out of pocket
litigation costs and reasonable attorneys' fees) and demands of any nature whatsoever, related
directly or indirectly to, or arising out of or in connection with:
(i) the validity of this Agreement under the California Environmental Quality
Act and the National Environmental Policy Act;
(ii) any of Developer's activities on the Property (or the activities of
Developer's agents, employees, lessees, representatives, licensees, guests, invitees, contractors,
subcontractors, or independent contractors on the Property) prior to the Closing, regardless of
whether such losses and liabilities shall accrue or are discovered before or after termination or
expiration of this Agreement, except to the extent such losses or liabilities are caused by the gross
negligence or willful misconduct of the City. The Seller may in its discretion, and at their own
cost, participate in the defense of any legal action naming the City. The provisions of this Section
shall survive the Close of Escrow or the termination of this Agreement;
(iii) any claims that the Seller is liable for prevailing wages not paid in
connection with the Project.
-22-
11231-0001\2708118v2.doc Page 102
7. REPRESENTATIONS AND WARRANTIES.
7.1 Developer Representations. Developer represents and warrants to the Seller
as of the Effective Date and as of the Close of Escrow that:
(i) Developer is a limited liability company validly existing and in good
standing under the laws of the State of Nevada and qualified to do business in California.
(ii) Developer has duly authorized the execution and performance of
this Agreement and the execution and performance of all of the closing documents set forth
herein.
(iii) Developer's execution and performance of this Agreement and the
closing documents will not violate any provision of the Developer's operating/LLC
agreement or any deed of trust, lease, contract, agreement, instrument, order, judgment or
decree by which Developer is bound.
(iv) Brokers. The Developer has not engaged a broker with respect to
the purchase of the Property contemplated herein. Developer shall be solely responsible
for any payments due any broker claiming a right to a commission based on actions by
Developer.
(v) No Corruption/Solicitation. The Developer represents and warrants
that to the current actual knowledge of its President, without investigation or inquiry,
neither it nor its affiliates, nor either of their respective officers, directors, employees or
agents have ever given, promised to give, received or solicited, anything of value, directly
or indirectly, to or from any person for the purpose of inducing any such person, including
any government official (domestic or foreign), to take any action to the benefit of the
Developer in connection with this Agreement, or as an inducement for the Developer to
take any action to the benefit of such other person in connection with this Agreement. The
Developer covenants and agrees that it shall not give, promise to give, receive or solicit,
anything of value, directly or indirectly, to or from any person for the purpose of inducing
any such person, including any government official (domestic or foreign), to take any
action for the benefit of the Developer or the benefit of its affiliates or their respective
officers, directors, employees or agents in connection with this Agreement, or as an
inducement for the Developer or its affiliates or their respective officers, directors,
employee or agents to take any action to the benefit of such other person in connection
with this Agreement.
7.2 Seller Representations. With the understanding that neither Seller shall be
liable for a misrepresentation or breach of covenant by the other Seller under this Section, each
Seller hereby represents and warrants to Developer as of the Effective Date and as of the Close of
Escrow that:
(i) Brokers. It has not engaged a broker with respect to the purchase of
the Property as contemplated herein. It shall be solely responsible for any payments due
any broker claiming a right to a commission based on actions by it.
-23-
11231-0001\2708118v2.doc Page 103
(ii) Litigation. There is no litigation, arbitration or other legal or
administrative suit, action, proceeding or investigation of any kind pending or, to the actual
current knowledge of the City Manager or Executive Director, without inquiry or
investigation (hereinafter, "knowledge"), threatened against it relating to the ownership or
operation of the Property or any part thereof, including any condemnation action relating
to the Property or any part thereof.
(iii) Environmental Matters. It has not received written notice from any
governmental entity alleging that it is in violation of any environmental laws with respect
to the Property and it has not, and to its knowledge, no other person or tenant has used,
generated, processed, stored, released, discharged, transported or disposed hazardous
substances on the Property except for use and storage in compliance with all applicable
environmental laws. There is no environmental claim pending and served, or, to its
knowledge, pending and unserved or threatened with regard to the Property. It has
provided to Developer all written assessments, reports, data, results of investigations or
audits, or other information that is in its possession or reasonable control relating to the
environmental matters at or the environmental condition of the Property.
(iv) No Contracts or Leases. There are no leases, licenses, unrecorded
contracts or other unrecorded agreements (whether verbal or written) affecting the Property
that will survive the Closing. It shall terminate any and all leases or occupancy agreements
to which it is a party and cause any and all tenants occupying the Property thereunder to
vacate the Property on or before the Closing Date. It shall deliver possession of the
Property to Developer on the Close of Escrow free of any and all leases, licenses,
unrecorded contracts and other unrecorded agreements (whether verbal or written) and free
of all parties in possession and personal property owned by third parties. From and after
the Effective Date, it shall not enter into any new lease, contract or other agreement
(whether verbal or written) affecting the Property that would expire after the Close of
Escrow without the prior written consent of Developer, in its sole and absolute discretion.
(v) Operation of Property. From and after the Effective Date and
continuing until the Closing Date (provided the Agreement has not been terminated), it (i)
shall operate and maintain the Property in substantially the same manner as heretofore,
including weed abatement, reasonable wear and tear excepted, (ii) shall maintain in effect
all insurance policies now maintained on the Property, or similar policies, up to and
including the Closing Date, and (iii) except as expressly provided in this Agreement, shall
not transfer or grant, create or consent to the imposition of any new lien or encumbrance
upon the Property without the prior written consent of Developer, in its reasonable
discretion.
(vi) Documents and Materials. All documents and materials delivered
or made available by it to Developer pursuant to this Agreement, are true, accurate and
complete copies of such documents and materials in its possession.
(vii) No Violation of Law. It has not received any written notice from
any governmental agency that the Property or any condition existing thereon or any present
-24-
11231-0001\2708118v2.doc Page 104
use thereof violates any law or regulations applicable to the Property, which remains
outstanding and uncured.
(viii) No Options. It has not granted to any party any option, rights of first
refusal, license or other similar agreement with respect to a purchase or sale of the Property
or any portion thereof or any interest therein.
(ix) No Corruption/Solicitation. Each Seller represents and warrants
that to the current actual knowledge of the City Manager or the Executive Director, without
investigation or inquiry, neither it nor its officers, directors, employees or agents have ever
given, promised to give, received or solicited, anything of value, directly or indirectly, to
or from any person for the purpose of inducing any such person, including any government
official (domestic or foreign), to take any action to the benefit of it in connection with this
Agreement, or as an inducement for it to take any action to the benefit of such other person
in connection with this Agreement. It covenants and agrees that it shall not give, promise
to give, receive or solicit, anything of value, directly or indirectly, to or from any person
for the purpose of inducing any such person, including any government official (domestic
or foreign), to take any action for its benefit or the benefit of its affiliates or their respective
officers, directors, employees or agents in connection with this Agreement, or as an
inducement for it or its affiliates or their respective officers, directors, employee or agents
to take any action to the benefit of such other person in connection with this Agreement.
8. GENERAL PROVISIONS.
8.1 Notices. All notices and demands shall be given in writing by certified mail,
postage prepaid, and return receipt requested, or by reputable overnight messenger. Notices shall
be considered given upon the earlier of (a) one business day following deposit or delivery with a
nationally recognized overnight courier delivery charges prepaid, or (b) upon delivery or attempted
delivery as shown on the return receipt if sent by certified mail, or if no delivery date is shown,
the postmark thereon. If notice is received on a Saturday, Sunday or legal holiday, it shall be
deemed received on the next business day. Notices shall be addressed as provided below for the
respective Party; provided that if any Party gives notice in writing of a change of name or address,
notices to such Party shall thereafter be given as demanded in that notice:
City: City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
Attn: City Manager
SBCTA: San Bernardino County Transportation Authority
1170 W. Third Street, 2nd Floor
San Bernardino, CA 92410
Attn: Director of Transit & Rail Programs
With a copy to SBCTA General Counsel
At the SBCTA address above
-25-
11231-0001\2708118v2.doc Page 105
Developer: DesertXpress Enterprises, LLC
3920 W. Hacienda Ave.
Las Vegas, NV 89118
With a copy to Developer's Legal Counsel
At the Developer address above
Escrow Holder: First American Title Insurance Company
666 Third Ave 5th Floor
New York, NY 10017
Attn: Shelliza Lallmohamed
Direct: 212.551.9452
Email: slallmohamed(&firstam.com
8.2 Construction. The Parties agree that each Party and its counsel have
reviewed and revised this Agreement and that any rule of construction to the effect that ambiguities
are to be resolved against the drafting Party shall not apply in the interpretation of this Agreement
or any amendments or exhibits thereto. This Agreement shall be construed as a whole according
to its fair language and common meaning to achieve the objectives and purposes of the Parties.
8.3 Interpretation. In this Agreement the neuter gender includes the feminine
and masculine, and singular number (including any reference to "Parry") includes the plural (such
as Parties), as applicable or appropriate, and the words "person" and "party" (including Party or
Parties) include corporation, partnership, firm, trust, or association where ever the context so
requires. Unless otherwise required by a specific provision of this Agreement, time hereunder is
to be computed by excluding the first day and including the last day. If the date for performance
falls on a day which is not a regular business day, where a "business day" is any day excepting
Saturday, Sunday, or a legal holiday, the date for performance shall be extended to the next
business day. All references in this Agreement to a number of days in which any Parry or Parties
shall have to consent approve or perform shall mean calendar days unless specifically stated to be
business days.
8.4 Time of the Essence. Time is of the essence of each provision of this
Agreement in which time is a factor.
8.5 Warranty gainst Payment of Consideration for Agreement. Developer
warrants that it has not paid or given, and will not pay or give, to any third person, any money or
other consideration for obtaining this Agreement, other than normal costs of conducting business
and costs of professional services such as architects, engineers and attorneys, and payment to a
broker, if applicable.
8.6 Attorneys' Fees. In the event any Parry or Parties brings a suit, action, or
other proceeding against the other Party or Parties that in any way relates to or arises out of this
Agreement, each Party shall bear its own legal costs and expenses.
8.7 Entire Agreement. This Agreement, together with all attachments and
exhibits hereto, and all agreements executed pursuant hereto, constitutes the entire understanding
-26-
11231-0001\2708118v2.doc Page 106
and agreement of the Parties. This Agreement integrates all of the terms and conditions mentioned
herein or incidental hereto, and supersedes all negotiations or previous agreements between or
among the Parties with respect to the subject matter hereof.
8.8 Severability. Each and every provision of this Agreement is, and shall be
construed to be, a separate and independent covenant and agreement. If any term or provision of
this Agreement or the application thereof shall to any extent be held to be invalid or unenforceable,
the remainder of this Agreement, or the application of such term or provision to circumstances
other than those to which it is invalid or unenforceable, shall not be affected hereby, and each term
and provision of this Agreement shall be valid and shall be enforced to the extent permitted by
law.
8.9 No Third Par y Beneficiaries. This Agreement is made and entered into for
the sole benefit of the Parties, and there are no third party beneficiaries of this Agreement. Except
as otherwise provided herein, no other person shall have any right of action based upon any
provision of this Agreement.
8.10 Governing Law; Jurisdiction; Service of Process. Except on subjects
preempted by federal law, this Agreement and the rights of the Parties shall be governed by
California law. Nothing herein is meant to be or will be interpreted to be a waiver of principles of
legal preemption or preclusion that may apply to Developer because of its status as a common
carrier regulated by the federal government. Venue for any legal action between the Parties related
to this Agreement will be in the Superior Court of San Bernardino County, California or the United
States District Court, Central District of California.
8.11 Survival. Except as expressly set forth herein, the provisions hereof shall
merge into, and not survive, the Closing. Provided, however, each Party's representations and
warranties shall survive the Closing for one (1) year.
8.12 City Manager/Executive Director Actions. In addition to any provisions of
this Agreement that give the City Manager and Executive Director the authority to make decisions
and grant approvals, the City hereby authorizes the City Manager and SBCTA hereby authorizes
the Executive Director to execute and deliver such documents, approvals, and consents as are
contemplated by this Agreement, waive requirements under this Agreement, and modify this
Agreement, on behalf of the City and SBCTA, respectively, provided that the applicable waiver
or modification is not substantial (i.e., does not change the fundamental business transaction
between the Developer and the Seller, as determined by the City Manager and Executive Director
in their reasonable discretion). Nothing herein shall obligate the City Manager or Executive
Director to act in any way or to comply with any standard of "good faith", and the City Manager
and Executive Director may in their sole and absolute discretion, refer any matter to the City
Council or SBCTA Board of Directors for approval.
8.13 Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed as original but all of which together shall constitute
one and the same instrument.
-27-
11231-0001\2708118v2.doc Page 107
8.14 Electronic Delivery. This executed Agreement may be delivered
electronically by electronic means to the Parties noted above.
[Signature Page Follows]
-28-
11231-0001\2708118v2.doc Page 108
IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement as of the
day and year first above written.
DEVELOPER:
DESERTXPRESS ENTERPRISES, LLC,
a Nevada limited liability company
Sarah Watterson, President
APPROVED AS TO LEGAL FORM:
David M. Pickett, Associate General Counsel
CITY:
CITY OF RANCHO CUCAMONGA
By:
Print Name: L. Dennis Michael
Title: Mayor
APPROVED AS TO LEGAL FORM:
Nicholas Ghirelli, City Attorney
SBCTA:
SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY
LON
Art Bishop,
Board President
APPROVED AS TO LEGAL FORM:
Julianna K. Tillquist, General Counsel
1123 1-0001 \2708118v2. doc
-29-
Page109
EXHIBIT "A"
LEGAL DESCRIPTION OF DEVELOPER FEE PROPERTY
SBCTA PROPERTY:
[SEE ATTACHED]
EXHIBIT "A"
-1-
11231-0001\2708118v2.doc Page 110
EXHIBIT `Al'
Legal Description
APN: 0209-143-21
That portion of the SANBAG (formerly A.T. & S.F.) Railroad Right -of -Way, as shown
on Parcel Map No. 14647, filed in Book 177, pages 90 through 96, inclusive of Parcel
Maps, in the Office of the County Recorder of San Bernardino County, within Section
13, Township 1 South, Range 7 West, San Bernardino Meridian, in the City of Rancho
Cucamonga, County of San Bernardino, State of California, described as follows:
Commencing at the northeast corner of said Section 13;
Thence along the easterly line of said Section 13 South 00°29'50" East 50.00 feet to the
easterly prolongation of the northerly line of the land described as Rancho Cucamonga
Metrolink Station Phase I, in the Grant Deed recorded October 06, 1994, as Document
No. 1994-0409793, of Official Records of said County;
Thence along said easterly prolongation South 89°43'55" West 30.00 feet to the
northeasterly line of said Rancho Cucamonga Metrolink Station Phase I;
Thence continuing along said northerly line South 89°43'55" West 12.83 feet to the
Point of Beginning;
Thence continuing along said northerly line South 89°43'55" West 346.26 feet;
Thence leaving said easterly prolongation North 00' 10'37" West 3 3.3 8 feet;
Thence North 87°50'29" East 346.61 feet;
Thence South 00°00'00" East 44.81 feet to the Point of Beginning;
Parcel contains 13,539 square feet, more or less.
The bearings and distances used in the above description are based on the California
Coordinate System of 1983, (CCS83), Zone 5, 2010.0 epoch. Divide distances shown by
0.9999392898 to obtain ground distance.
See Exhibit `A-2' attached hereto and made a part hereof.
Page 1 of 2
Page 111
This real property description has been prepared by me, or under my direction, in
conformance with the Professional Land Surveyor's Act (Bus. & Prof. Code §8700).
LAn6
$eon M. Smith
Signature:
Sean M. Smith, PLS 8233
No. 8233
Date: 9/27/2022
If
Page 2 of 2
Page 112
EXHIBIT 'A-2'
APN I TYPE OF ESTATE AREA
0209-143-21 FEE 1 13,539 SF
R/W
SOUTHERLY LINE OF A.T. & S.F.
(NOW SANBAG) R/W
PER DOC. NO. 1994-0409793, O.R.
APN: 0209-143-2/ REC. 1010611994
NORTHERLY LINE OF N87°50'29"E 346.61'
SEC 13 T.IS. R.7W. S.B.M.
R/WJ
APN-, 0209-272-11
DOC. NO. 1994-0409793, O.R.
REC. 1010611994
LINE TABLE
NO.
BEARING
DISTANCE
Ll
S00°29'50"E
50.00'
L2
S89°43'55"W
12.83'
L3
NOO°10'37"W
33.38,
L4
S00°00'00"E
44.81'
CITY OF RANCHO CUCAMONGA
COUNTY OF SAN BERNARDINO
LEGEND
Indicates area to be
acquired
POC
Point of Commencement
POB
Point of Beginning
SF
Square Feet
R/W
Right -of -Way
PREPARED BY:
P S
O M A S
1650 Spruce Street, Sure 400
Riverside, Collfornlo 92507
(951)787-8421 www.psomos.com
S89°43'55"W
NORTHEAST
COR. SEC. /3
L2
S89°43'55"W 30.00'
Z
W
SEC 13 �W
� rr
TI lS R 11t11, ,, S 1 3
�,� loll ,, z T, lS, R �I,11
Lv S , lVJ
15
PARCrL JVJAP NO, J l6z6 I
F I 1\11 , Eil I 1 l7/ 9 0 - )6 o
EASTERLY LINE
SECTION /3
- AZUSA COURT
THIS PLAT WAS PREPARED
UNDER MY DIRECTION
o�AL LAND
9/27/2022 �
SEAN M. SMITH, PLS 8233 DATE a SEAN M. SMITH
* No. 8233
FEET 0 50 100 200 300 �-7
PREPARED SCALE SHEET NO. TOTAL F OF CAS-\FO
BY SHEETS
TKR l"=100' l /
APN) 0209-272-22
Page 113
CITY/SBCTA PROPERTY:
[SEE ATTACHED]
EXHIBIT "A"
-2-
11231-0001\2708118v2.doc Page 114
EXHIBIT `A-3'
Legal Description
APN: 0209-272-11 & 0209-272-22
That portion of Parcel 15 of Parcel Map No. 14647 in the City of Rancho Cucamonga,
County of San Bernardino, State of California, filed in Book 177, pages 90 through 96,
inclusive of Parcel Maps, in the Office of the County Recorder of said County, together
with a portion of the land described as Rancho Cucamonga Metrolink Station Phase I, in
the Grant Deed recorded October 06, 1994, as Document No. 1994-0409793, of Official
Records of said County, described as follows:
Commencing at the northeast corner of Section 13, of Township 1 South, Range 7 West,
San Bernardino Meridian, as shown on said Parcel Map;
Thence along the easterly line of said Section 13, South 00°29'50" East 50.00 feet to the
intersection of the easterly prolongation of the northerly line of said Rancho Cucamonga
Metrolink Station Phase I;
Thence along said easterly prolongation line South 89°43'55 West 30.00 feet to the
northeasterly corner of said Rancho Cucamonga Metrolink Station Phase I;
Thence continuing along said northerly line South 89°43'55 West 12.83 feet to the Point
of Beginning;
Thence South 00°00'00" West 311.62 feet;
Thence South 89°36'24" West 273.01 feet;
Thence South 00°00'06" East 243.01 feet;
Thence North 89°36'24" East 273.00 feet;
Thence South 00°00'00" West 13.88 feet to the southeasterly line of Parcel 15 per said
Parcel Map;
Thence along said southeasterly line South 46°46'47" West 23.71 feet to the southerly
line of said Parcel 15;
Page 1 of 2
Page 115
Thence along said southerly line South 89°36'24" West 269.11 feet to the beginning of a
tangent curve, concave northeasterly, having a radius of 117.00 feet;
Thence northeasterly, along said curve, being the southwesterly line of said Parcel 15,
through a central angle of 29°43'39" an arc length of 60.70 feet;
Thence leaving said southerly line North 00°10'37" West 569.98 feet to said northerly
line of the Rancho Cucamonga Metrolink Station Phase I;
Thence along said northerly line North 89°43'55 East 346.26 feet to the Point of
Beginning;
Parcel contains 135,265 square feet, more or less.
The bearings and distances used in the above description are based on the California
Coordinate System of 1983, (CCS83) , Zone 5, 2010.00 epoch. Divide distances shown by
0.9999392898 to obtain ground distance.
See Exhibit `A-4' attached hereto and made a part hereof.
This real property description has been prepared by me, or under my direction, in
conformance with the Professional Land Surveyor's Act (Bus. & Prof. Code §8700)
LA
0 Sego AI_ Smith
Signature:
Sean M. Smith, PLS 8233
No, 8233 1
Date: 9/27/2022
Page 2 of 2
Page 116
EXHIBIT 'A-4
APN TYPE OF ESTATE AREA
0209-272-22 FEE TOTAL: 135,265 SF
P
NORTHERLY LINE RANCHO CUCAMONGA NORTHEAST
FPN: 0209-145-2/ METROLINK STATION PHASE 1 COR. SEC. 13
PER DOC. NO. 94-409793, O.R., L/ R/W
REC. 0/06/1994 N89°43'S5"E 346.27'� 2
R/W--
APN-' 0209-272-11
DOC. NO. 94-409793, O.R.,
REC. 1010611994
LINE TABLE
NO.
BEARING
DISTANCE
LI
S00°29'50"E
50.00'
L2
S89°43'55"W
30.00,
L3
S89°43'55"W
12.83,
L4
S00°00'00"W
/3.88'
L5
S46°46'47"W
23.71'
�r(J r r 13
T� 1S,
s , loll
NORTHWESTERLY
LINE PARCEL 15
CURVE TABLE
NO.
I DELTA
RADIUS
LENGTH
Cl
29-43'39-
117.00'
60.70'
CITY OF RANCHO CUCAMONGA
COUNTY OF SAN BERNARDINO
LEGEND
®
Indicates area to be
acquired
POC
Point Of Commencement
POB
Point of Beginning
SF
Square Feet
R/W
Right -of -Way
PREPARED BY:
P S
O M A S
1650 Spruce Street, Suite 400
Riverside,
California 92507
f951)787-8421 www.psomos.com
NORTHEAST
COR. PH. l
30'
W z
J
N
L J�
Wiu
�
Q titn
cn¢
o
¢x
Z WQ'
o
LU
o
o
�
�
c'
J
rn
J
O
Lo
o
O
o
t
S89°36'24"W 273.0,
o
W
o
2
30,
J
�
O
APNt 209-272-22
J
J
cc
W
W
O
ti ti
o
PARDr I 1\11AF �10, 1'; )
1
w �
o
iJ1�IlJIll/JO-)�
0
SOUTHERLY LINE
PAREL 15
N89C36'24"E 273.00'
L4
S89°36'24"W 269.11' ih --
----� AzusA -couRr------- J
AL LAND S
THIS PLAT WAS PREPARED a� o
UNDER MY DIRECTION SEAN M. SMITH
* No. 8233
9/27/2022 A �
SEAN M. SMITH, PLS 8233 DATE
9TF OF CAL1�`oQ`
FEET 0 100 200
PREPARED SCALE
BY
AU
400 600
SHEET NO. TOTAL
SHEETS
Page 117
EXHIBIT `A-5'
Legal Description
APN: 0209-272-22
That portion of Parcel 15 of Parcel Map No. 14647, in the City of Rancho Cucamonga,
County of San Bernardino, State of California, filed in Book 177, pages 90 through 96,
inclusive, of Parcel Maps, in the Office of the County Recorder of said County, described
as follows:
Commencing at the northeast corner of Section 13, of Township 1 South, Range 7 West,
San Bernardino Meridian, as shown on said Parcel Map;
Thence along the easterly line of said Section 13, South 00°29'50" East 50.00 feet to the
intersection of the easterly prolongation of the northerly line of the land described as
Rancho Cucamonga Metrolink Station Phase I, in the Grant Deed recorded October 06,
1994, as Document No. 1994-0409793, of Official Records of said County;
Thence along said easterly prolongation line South 89°43'55 West 30.00 feet to the
northeasterly corner of said Rancho Cucamonga Metrolink Station Phase I;
Thence continuing along said northerly line South 89°43'55 West 12.83 feet;
Thence leaving said easterly prolongation line and northerly line South 00°00'00" West
311.62 feet to the Point of Beginning;
Thence South 89°36'24" West 273.01 feet;
Thence South 00°00'06" East 243.01 feet;
Thence North 89°36'24" East 273.00 feet;
Thence North 00°00'00" East 243.01 feet to the Point of Beginning.
Parcel contains 66,341 square feet, more or less.
Reserving to the City of Rancho Cucamonga and San Bernardino County Transportation
Authority the air space above the above -described land, contained between a horizontal
plane eight (8) feet above the existing ground surface and existing ground surface.
Page 1 of 2
Page 118
The bearings and distances used in the above description are based on the California
Coordinate System of 1983, (CCS83), Zone 5, 2010.0 epoch. Divide distances shown by
0.9999392898 to obtain ground distance.
See Exhibits `A-6' and 'A-7' attached hereto and made a part hereof.
This real property description has been prepared by me, or under my direction, in
conformance with the Professional Land Surveyor's Act (Bus. & Prof. Code §8700).
o Seon 61_ Smith
Signature:
Sean M. Smith, PLS 8233
No. 8233
Date: 9/27/2022
I
Page 2 of 2
Page 119
EXHIBIT 'A-6'
APN
TYPE OF ESTATE
AREA
0209-272-22
FEE
66,341 SF
R/W
APNr
POC
0209-143-21 NORTHEAST
COR.
SEC. 13
SOOa29'50"E 50.00'
S89a43'55"W 12.83'
R/W
R/WS89a43'55"W
NORTHERLY LINE RANCHO
APNr 0209-272-11
(11,
CUCAMONGA METROLINK
STATION PHASE l
DOC. N0. /994-0409793, O.R.,
N I
30.00,
PER DOC. NO. 1994-0409793, O.R.,
REC. IO/06/1994
NORTHEAST CORNER
REC. 1010611994
APNt 0209-272-22
PHASE l
30,
3
3 SECTIONL 13/NE
� I \
I �
PA.F-GrL J5
o l
PAJ'�C✓'r MAP 1\JJ,, 14 4 J
o
( .—
EASTERLY LINE
F loll 3 � 1 J l/ 9 0 - )�
V' j
lj PARCEL 15
I
�
S89a36'24"W 273.01'
P
Z
ool
W
Q
o
�
o
i
W
M
R
R
N
Y
N
W
J
W
J
0
0 30'
0
o
0
o
Q
O
O
J
SOUTHERLY LINE
PARCEL /5
R/W N89°36'24"E 273.00'
T J S l ilAN �______
AZUSA COURT
,
-- — — — — —-----------
_
r-loll
CITY OF RANCHO CUCAMONGA
AND
COUNTY OF SAN BERNARDINO
�lpNp1-
SG
LEGEND
THIS PLAT WAS PREPARED
a 0
UNDER MY DIRECTION
SEAN M. SMITH
Indicates area to be
No. 8233
acquired
POC Point Of Commencement
S�7_ 7�1� 9/27/2022
POB Point of Beginning
SEAN M. SMITH, PLS 8233
DATE
pF CAS
SF Square Feet
R/ W Right -of -Way
FEET 0 50 100
200
300
PREPARED BY:
PREPARED
SCALE
SHEET NO.
TOTAL
P S O M A S
BY
SHEETS
1650 Spruce Street, Suite 400
TKR
l"=100'
1
2
RNersfde, California 92507
f9511787-8421 www.psomos.com
Page 120
EXHIBIT I A-7'
APN TYPE OF ESTATE AREA
0209-272-22 FEE 66,341 SF
AREA DESCRIBED IN "Cl"
HORIZONTAL PLANE 8' ABOVE HIGHEST
GROUND SURFACE ELEVATION WITHIN
PROPERTY DESCRIBED IN "Cl"
8' RESERVED DESCRIBED IN "Cl"
GROUND SURFACE WITHIN
PROPERTY DESCRIBED IN "Cl"
AREA DESCRIBED IN "Cl"
AIR SPACE RFSFRVATION PRnF11 F QFTAl1
CITY OF RANCHO CUCAMONGA
COUNTY OF SAN BERNARDINO
PREPARED BY: PREPARED SCALE SHEET NO. TOTAL
P S O M A S BY SHEETS
1650 Spruce Street, Suite 400
Riverside, California 92507 TKR l"=100' 2
(951)787-8421 www.psomos.com
EXHIBIT "B"
SCHEDULE OF PERFORMANCE
Action
Date / Deadline
Items 1— 2 Relate to Developer Actions and Requirements Prior to the Close of Escrow
1.
Opening of Escrow. The Parties shall
Within five (5) business days after the date of
open escrow with the Escrow Holder.
the DDA.
2.
Developer Deposit. The Developer
Within five (5) business days after opening of
shall deposit the Developer Deposit
escrow.
with Escrow Holder.
Items 3 — 7 Relate to the Conveyance of the Property and Developer Actions and
Requirements
After the Close of Escrow
3.
Close of Escrow. The Developer shall
On or before December 31, 2025.
purchase the Property from the City,
subject to the satisfaction of the
conditions to closing stated to be
Developer conditions to closing.
4.
Commencement of Construction.
No later than three (3) years after the Close of
Developer shall substantially
Escrow.
commence the Improvements.
5.
Prosecution of Construction of Project.
Once construction/grading shall have
commenced, Developer shall diligently
prosecute the construction of the Project to
completion.
6.
Completion of Project. The Project
No later than seven (7) years after the Close of
shall be completed.
Escrow.
7.
Commencement of HSR Line.
No later than three (3) years after the Close of
Substantially commence construction
Escrow.
on the high-speed rail line between
Rancho Cucamonga and Victor Valley
that is separate from, but to be served in
art by, the Project.
8.
Prosecution of Construction of HSR
Once construction/grading shall have
commenced for the HSR Line, Developer shall
Line.
diligently prosecute the construction of the HSR
Line to completion.
9.
Commencement of Revenue Service of
No later than eighteen (18) months after the
Completion of the Project.
HSR Line.
This Schedule of Performance is subject to Force Majeure Delays pursuant to Section 5.7 above.
EXHIBIT `B"
1 122
1123 1-0001\2708118v2.doc Page
EXHIBIT "C"
SITE PLAN
[SEE ATTACHED]
EXHIBIT "C"
1 123
1123 1-0001\2708118v2.doc Page
Rancho Cucamonga Station - Site Plan
Page 124 GRIMSHAW
Rancho Cucamonga Station - P2-P8 Typical Parking
EO
Page 125 GRIMSHAW
i
651'
---_—_—_--------- -
I
CICY Oi R4HCN0 CLCAIpI1GA
PH: 209-t)E-I1
Extension of Azusa Court
as part o The Resort
North project (not part
of the Br ghtline West
funded im rovements),
feIRN4YRNBSZ09S2i1E33RE LLC
a
1 14'
I
--- - - -
_-----------
M -- -I J 4 b 4 2
13137�s f-IL_� j`is f
7]
I
j Access Rights for driveway from
R4NCHpC2jj N4 / Milliken Avenue at location to
BB-,z�2 20'OFFSETiFROM be confirmed in design
--- 273' III 174' STING WRB
r
N Q PARCEL 15
---
--
_ home-Aer1 o+ r^� Lfrnm .�BCT
9_--
—'_-------
0
---------------i------
Brightline Aerial Easement from City
1
-
iAIRNepRBUSINESS CENTRE
ONT Tunnel station and tunnel footprint „,209
lLG ��---
Brightline purchPci gEbf°fee from SBCTA/City
i
i
SBCTA/City retained surface to 8ft above surface area;
i
1 i
-
Brightline purchase of fee everything below surface and
above 8ft above surface
i
Brightline easement from city
I 1
Brightline purchase of fee from SBCTA
PLAN
Brightline aerial easement from SBCTA/City
1°=60
-
Potential alternative pedestrian crossing easement
Proposed pedestrian crossing easement
Underground tunnel easement
®Q
Access Rights for driveway from Milliken Avenue
;�
N T B
at location to be confirmed in design
Proposed Building Extents
3633 INLAND EMPIRE BLVD, Si
-----
Parcel Boundaries
ONTARIO, CA 91764
i
I !
540 sgflt /
So' i vvxts /
I i
I
-
I
/
7 "
RT2-' - t--L----
----------- - - L -- - -
--tl--- �- <---------------
\ i A 130 w 'de easement a�i�oss s hatched area
ICI l will I be! provided 7-6—r--ac=s to Azusa Court,
Tlie lo/Cation to be determined in final design.
� 1
EXHIBIT "M
FORM OF GRANT DEED
RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO,
AND MAIL TAX STATEMENTS TO:
DesertXpress Enterprises, LLC
3920 W. Hacienda Ave.
Las Vegas, NV 89118
APN(s):
(Space above for Recorder's Use) Exempt From Recording Fee Per Government Code Section 27383
Documentary transfer tax is $ , based on the purchase price of the property conveyed.
[NOTE: BASED ON THE FMV OF THE PROPERTY]
GRANT DEED
The undersigned grantor(s) declare(s):
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY
OF RANCHO CUCAMONGA ("City") and the SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY ("SBCTA"), collectively the "Grantor, hereby GRANT to
a Nevada limited liability company ("Grantee") the land described on
Exhibit "A-1", Exhibit "B-l" and Exhibit "C-l" and depicted on Exhibit "A-2", Exhibit "B-2" and
Exhibit "C-2" and any improvements thereon (the "Property")
EXCEPTING THEREFROM AND RESERVING UNTO GRANTOR in fee a portion of the
Property described on Exhibit "C-1" and depicted on Exhibit "C-3" attached hereto ("Reserved
Property").
EXCEPTING THEREFROM AND RESERVING UNTO GRANTOR an access and utility
easement appurtenant over that portion of the Property shown on Exhibit D" attached hereto in
favor of the Reserved Property for access and utilities to and from Azusa Court for a driveway and
mechanical, electrical or other miscellaneous conduit and equipment appurtenant to the operation
of the Reserved Property for parking purposes.
EXCEPTING THEREFROM AND RESERVING UNTO GRANTOR an easement [in
gross/appurtenant to the adjacent property owned by Grantor, or once developed, appurtenant to
only the tunnel station site developed on such adjacent property], for the construction,
maintenance, and operation of one or more tunnels, including appurtenant facilities necessary or
convenient thereto, described on Exhibit "E" attached hereto and subject to the terms and
provisions of Schedule 1 attached hereto ("Tunnel Easement").
SUBJECT TO, all matters of record and all matters visible upon a diligent inspection.
EXHIBIT "D"
-1-
11231-0001\2708118v2.doc Page 127
1. This grant of the Property is subject to the terms of a Disposition and Development
Agreement entered into by and between Grantor and Grantee dated as of October 5, 2022 (the
"DDA"), which includes an irrevocable parking license in favor of Grantor to the extent and for
so long as the Property can be used for parking pending the required and contemplated
development of the Property pursuant to the DDA.
2. As provided in, and subject to the provisions contained in, Section 5.2.2 of the
DDA, the Grantor shall have the right, at its option, to reenter and take possession of the Property
hereby conveyed, with all improvements thereon and to terminate and revest in Grantor the
Property hereby conveyed to the Grantee (or its successors in interest).
3. Section 4.1 of the DDA contains specific and reasonable restrictions on transfer of
the Property and on transfer of interests in Developer until completion of the Project, with certain
specific exceptions. The Grantee covenants, for itself and its successors and assigns, to comply
with such restrictions, which are hereby incorporated herein by reference.
4. Upon written request by Grantee, the City Manager of the City and the Executive
Director of the SBCTA shall execute a "Certificate of Completion" in recordable form, cause it to
be acknowledged and deliver it to Grantee for recording to confirm that such development has
been timely completed in accordance with the DDA.
5. The covenants and restrictions in this Grant Deed shall bind, benefit and burden the
Property, the Grantor and the Grantee and their respective successors, assigns and successors in
interest to all or any portion of or interest in the Property.
IN WITNESS WHEREOF, the undersigned has executed this Grant Deed as of the date set forth
below.
Dated: , 202
CITY OF RANCHO CUCAMONGA
By:
Print Name:
Title:
ATTEST:
City Clerk
FORM OF
GRANT DEED
-2-
11231-0001\2708118v2.doc Page 128
A notary public or other officer completing
this certificate verifies only the identity of
the individual who signed the document to
which this certificate is attached, and not
the truthfulness, accuracy, or validity of
that document.
SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY
By:
Print Name:
Title:
ATTEST:
before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
FORM OF
GRANT DEED
(Seal)
-3-
11231-0001\2708118v2.doc Page 129
A notary public or other officer completing
this certificate verifies only the identity of
the individual who signed the document to
which this certificate is attached, and not
the truthfulness, accuracy, or validity of
that document.
before me,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
FORM OF
GRANT DEED
(Seal)
-4-
11231-0001\2708118v2.doc Page 130
EXHIBIT A-1 TO GRANT DEED
PROPERTY DESCRIPTION
[SEE ATTACHED]
FORM OF
GRANT DEED
-5-
11231-0001\2708118v2.doc Page 131
EXHIBIT `Al'
Legal Description
APN: 0209-143-21
That portion of the SANBAG (formerly A.T. & S.F.) Railroad Right -of -Way, as shown
on Parcel Map No. 14647, filed in Book 177, pages 90 through 96, inclusive of Parcel
Maps, in the Office of the County Recorder of San Bernardino County, within Section
13, Township 1 South, Range 7 West, San Bernardino Meridian, in the City of Rancho
Cucamonga, County of San Bernardino, State of California, described as follows:
Commencing at the northeast corner of said Section 13;
Thence along the easterly line of said Section 13 South 00°29'50" East 50.00 feet to the
easterly prolongation of the northerly line of the land described as Rancho Cucamonga
Metrolink Station Phase I, in the Grant Deed recorded October 06, 1994, as Document
No. 1994-0409793, of Official Records of said County;
Thence along said easterly prolongation South 89°43'55" West 30.00 feet to the
northeasterly line of said Rancho Cucamonga Metrolink Station Phase I;
Thence continuing along said northerly line South 89°43'55" West 12.83 feet to the
Point of Beginning;
Thence continuing along said northerly line South 89°43'55" West 346.26 feet;
Thence leaving said easterly prolongation North 00' 10'37" West 3 3.3 8 feet;
Thence North 87°50'29" East 346.61 feet;
Thence South 00°00'00" East 44.81 feet to the Point of Beginning;
Parcel contains 13,539 square feet, more or less.
The bearings and distances used in the above description are based on the California
Coordinate System of 1983, (CCS83), Zone 5, 2010.0 epoch. Divide distances shown by
0.9999392898 to obtain ground distance.
See Exhibit `A-2' attached hereto and made a part hereof.
Page 1 of 2
Page132
This real property description has been prepared by me, or under my direction, in
conformance with the Professional Land Surveyor's Act (Bus. & Prof. Code §8700).
LAn6
$eon M. Smith
Signature:
Sean M. Smith, PLS 8233
No. 8233
Date: 9/27/2022
If
Page 2 of 2
Page133
EXHIBIT A-2 TO GRANT DEED
PROPERTY DEPICTION
[SEE ATTACHED]
FORM OF
GRANT DEED
-1-
11231-0001\2708118v2.doc Page 134
EXHIBIT 'A-2'
APN I TYPE OF ESTATE AREA
0209-143-21 FEE 1 13,539 SF
R/W
SOUTHERLY LINE OF A.T. & S.F.
(NOW SANBAG) R/W
PER DOC. NO. 1994-0409793, O.R.
APN: 0209-143-2/ REC. 1010611994
NORTHERLY LINE OF N87°50'29"E 346.61'
SEC 13 T.IS. R.7W. S.B.M.
R/WJ
APN-, 0209-272-11
DOC. NO. 1994-0409793, O.R.
REC. 1010611994
LINE TABLE
NO.
BEARING
DISTANCE
Ll
S00°29'50"E
50.00'
L2
S89°43'55"W
12.83'
L3
NOO°10'37"W
33.38,
L4
S00°00'00"E
44.81'
CITY OF RANCHO CUCAMONGA
COUNTY OF SAN BERNARDINO
LEGEND
Indicates area to be
acquired
POC
Point of Commencement
POB
Point of Beginning
SF
Square Feet
R/W
Right -of -Way
PREPARED BY:
P S
O M A S
1650 Spruce Street, Sure 400
Riverside, Collfornlo 92507
(951)787-8421 www.psomos.com
S89°43'55"W
NORTHEAST
COR. SEC. /3
L2
S89°43'55"W 30.00'
Z
W
SEC 13 �W
� rr
TI lS R 11t11, ,, S 1 3
�,� loll ,, z T, lS, R �I,11
Lv S , lVJ
15
PARCrL JVJAP NO, J l6z6 I
F I 1\11 , Eil I 1 l7/ 9 0 - )6 o
EASTERLY LINE
SECTION /3
- AZUSA COURT
THIS PLAT WAS PREPARED
UNDER MY DIRECTION
o�AL LAND
9/27/2022 �
SEAN M. SMITH, PLS 8233 DATE a SEAN M. SMITH
* No. 8233
FEET 0 50 100 200 300 �-7
PREPARED SCALE SHEET NO. TOTAL F OF CAS-\FO
BY SHEETS
TKR l"=100' l /
APN) 0209-272-22
Page 135
EXHIBIT B-1 TO GRANT DEED
PROPERTY DESCRIPTION (CONTINUED)
[SEE ATTACHED]
FORM OF
GRANT DEED
-1-
11231-0001\2708118v2.doc Page 136
EXHIBIT `B1'
Legal Description
APN: 0209-272-11 & 0209-272-22
That portion of Parcel 15 of Parcel Map No. 14647 in the City of Rancho Cucamonga,
County of San Bernardino, State of California, filed in Book 177, pages 90 through 96,
inclusive of Parcel Maps, in the Office of the County Recorder of said County, together
with a portion of the land described as Rancho Cucamonga Metrolink Station Phase I, in
the Grant Deed recorded October 06, 1994, as Document No. 1994-0409793, of Official
Records of said County, described as follows:
Commencing at the northeast corner of Section 13, of Township 1 South, Range 7 West,
San Bernardino Meridian, as shown on said Parcel Map;
Thence along the easterly line of said Section 13, South 00°29'50" East 50.00 feet to the
intersection of the easterly prolongation of the northerly line of said Rancho Cucamonga
Metrolink Station Phase I;
Thence along said easterly prolongation line South 89°43'55 West 30.00 feet to the
northeasterly corner of said Rancho Cucamonga Metrolink Station Phase I;
Thence continuing along said northerly line South 89°43'55 West 12.83 feet to the Point
of Beginning;
Thence South 00°00'00" West 311.62 feet;
Thence South 89°36'24" West 273.01 feet;
Thence South 00°00'06" East 243.01 feet;
Thence North 89°36'24" East 273.00 feet;
Thence South 00°00'00" West 13.88 feet to the southeasterly line of Parcel 15 per said
Parcel Map;
Thence along said southeasterly line South 46°46'47" West 23.71 feet to the southerly
line of said Parcel 15;
Page 1 of 2
Page137
Thence along said southerly line South 89°36'24" West 269.11 feet to the beginning of a
tangent curve, concave northeasterly, having a radius of 117.00 feet;
Thence northeasterly, along said curve, being the southwesterly line of said Parcel 15,
through a central angle of 29°43'39" an arc length of 60.70 feet;
Thence leaving said southerly line North 00°10'37" West 569.98 feet to said northerly
line of the Rancho Cucamonga Metrolink Station Phase I;
Thence along said northerly line North 89°43'55 East 346.26 feet to the Point of
Beginning;
Parcel contains 135,265 square feet, more or less.
The bearings and distances used in the above description are based on the California
Coordinate System of 1983, (CCS83), Zone 5, 2010.00 epoch. Divide distances shown by
0.9999392898 to obtain ground distance.
See Exhibit B-2' attached hereto and made a part hereof.
This real property description has been prepared by me, or under my direction, in
conformance with the Professional Land Surveyor's Act (Bus. & Prof. Code §8700).
LA
0 Sego AI_ Smith
Signature:
Sean M. Smith, PLS 8233
No, 8233 1
Date: 9/27/2022
Page 2 of 2
Page138
EXHIBIT B-2 TO GRANT DEED
PROPERTY DEPICTION (CONTINUED)
[SEE ATTACHED]
FORM OF
GRANT DEED
-1-
11231-0001\2708118v2.doc Page 139
EXHIBIT 'B-2'
APN TYPE OF ESTATE AREA
0209-272-22 FEE TOTAL: 135,265 SF
P
NORTHERLY LINE RANCHO CUCAMONGA NORTHEAST
FPN: 0209-143-2/ METROLINK STATION PHASE 1 COR. SEC. 13
PER DOC. NO. 94-409793, O.R., L/ R/W
REC. 0/06/1994 N89°43'S5"E 346.27'� 2
R/W--
APN-' 0209-272-11
DOC. NO. 94-409793, O.R.,
REC. 1010611994
LINE TABLE
NO.
BEARING
DISTANCE
LI
S00°29'50"E
50.00'
L2
S89°43'55"W
30.00,
L3
S89°43'55"W
12.83,
L4
S00°00'00"W
/3.88'
L5
S46°46'47"W
23.71'
�r(J r r 13
T� 1S,
s , loll
NORTHWESTERLY
LINE PARCEL 15
CURVE TABLE
NO.
I DELTA
RADIUS
LENGTH
Cl
29-43'39-
117.00'
60.70'
CITY OF RANCHO CUCAMONGA
COUNTY OF SAN BERNARDINO
LEGEND
®
Indicates area to be
acquired
POC
Point Of Commencement
POB
Point of Beginning
SF
Square Feet
R/W
Right -of -Way
PREPARED BY:
P S
O M A S
1650 Spruce Street, Suite 400
Riverside,
California 92507
f951)787-8421 www.psomos.com
NORTHEAST
COR. PH. l
30'
W z
J
N
L J�
Wiu
�
Q titn
cn¢
o
¢x
Z WQ'
o
LU
o
o
�
�
J
O
Lo
o
O
o
t
S89°36'24"W 273.0,
o
W
o
2
30,
J
�
O
APNt 209-272-22
J
J
�
W
W
O
WPARCEL
15
ti ti
o
PARDr I 1\11AF �10, 1'; )
1
w �
o
iJ1�IlJIll/JO-)�
0
SOUTHERLY LINE
PAREL 15
N89C36'24"E 273.00'
L4
S89°36'24"W 269.11' ih --
----� AzusA -couRr------- J
AL LAND S
THIS PLAT WAS PREPARED a� o
UNDER MY DIRECTION SEAN M. SMITH
* No. 8233
9/27/2022 A �
SEAN M. SMITH, PLS 8233 DATE
9TF OF CAL1�`oQ`
FEET 0 100 200
PREPARED SCALE
BY
AU
400 600
SHEET NO. TOTAL
SHEETS
Page 140
EXHIBIT C-1 TO GRANT DEED
PROPERTY DESCRIPTION (CONTINUED) AND DESCRIPTION OF THE
RESERVED PROPERTY
[SEE ATTACHED]
FORM OF
GRANT DEED
-1-
11231-0001\2708118v2.doc Page 141
EXHIBIT'Cl'
Legal Description
APN: 0209-272-22
That portion of Parcel 15 of Parcel Map No. 14647, in the City of Rancho Cucamonga,
County of San Bernardino, State of California, filed in Book 177, pages 90 through 96,
inclusive, of Parcel Maps, in the Office of the County Recorder of said County, described
as follows:
Commencing at the northeast corner of Section 13, of Township 1 South, Range 7 West,
San Bernardino Meridian, as shown on said Parcel Map;
Thence along the easterly line of said Section 13, South 00°29'50" East 50.00 feet to the
intersection of the easterly prolongation of the northerly line of the land described as
Rancho Cucamonga Metrolink Station Phase I, in the Grant Deed recorded October 06,
1994, as Document No. 1994-0409793, of Official Records of said County;
Thence along said easterly prolongation line South 89°43'55 West 30.00 feet to the
northeasterly corner of said Rancho Cucamonga Metrolink Station Phase I;
Thence continuing along said northerly line South 89°43'55 West 12.83 feet;
Thence leaving said easterly prolongation line and northerly line South 00°00'00" West
311.62 feet to the Point of Beginning;
Thence South 89°36'24" West 273.01 feet;
Thence South 00°00'06" East 243.01 feet;
Thence North 89°36'24" East 273.00 feet;
Thence North 00°00'00" East 243.01 feet to the Point of Beginning.
Parcel contains 66,341 square feet, more or less.
Reserving to the City of Rancho Cucamonga and San Bernardino County Transportation
Authority the air space above the above -described land, contained between a horizontal
plane eight (8) feet above the existing ground surface and existing ground surface.
Page 1 of 2
Page 142
The bearings and distances used in the above description are based on the California
Coordinate System of 1983, (CCS83), Zone 5, 2010.0 epoch. Divide distances shown by
0.9999392898 to obtain ground distance.
See Exhibits `C-2' and'C-3' attached hereto and made a part hereof.
This real property description has been prepared by me, or under my direction, in
conformance with the Professional Land Surveyor's Act (Bus. & Prof. Code §8700).
o Seon 61_ Smith
Signature:
Sean M. Smith, PLS 8233
No. 8233
Date: 9/27/2022
I
Page 2 of 2
Page 143
EXHIBIT C-2 TO GRANT DEED
PROPERTY DEPICTION (CONTINUED)
[SEE ATTACHED]
FORM OF
GRANT DEED
-1-
11231-0001\2708118v2.doc Page 144
EXHIBIT 'C-2'
APN
TYPE OF ESTATE
AREA
0209-272-22
FEE
66,341 SF
R/W
APNr
POC
0209-143-21 NORTHEAST
COR.
SEC. 13
SOOa29'50"E 50.00'
S89a43'55"W 12.83'
R/W
R/WS89a43'55"W
NORTHERLY LINE RANCHO
APNr 0209-272-11
(11,
CUCAMONGA METROLINK
STATION PHASE I
DOC. N0. /994-0409793, O.R.,
N I
30.00,
PER DOC. NO. 1994-0409793, O.R.,
REC. IO/06/1994
NORTHEAST CORNER
REC. 1010611994
APNt 0209-272-22
PHASE l
30,
3
TIONL
3 SEC 13/NE
� I \
O I �
PA.F-GrL J5
o l
PAJ'�C✓'F MAP 1\JJ,, 14 4 J
o
( .—
EASTERLY LINE
F loll 3 � 1 J l/ 9 0 - )�
V' j
LJ PARCEL 15
I
�
S89a36'24"W 273.01'
P
Z
ool
W
Q
o
�
o
i
W
M
R
R
N
Y
N
W
J
W
J
0
0 30'
0
o
0
o
Q
O
O
J
SOUTHERLY LINE
PARCEL /5
R/W N89°36'24"E 273.00'
T J S ill AN
AZUSA COURT
-----------
_
CITY OF RANCHO CUCAMONGA
AND
COUNTY OF SAN BERNARDINO
�lpNp1-
SG
LEGEND
THIS PLAT WAS PREPARED
a 0
UNDER MY DIRECTION
SEAN M. SMITH
Indicates area to be
No. 8233
acquired
POC Point Of Commencement
S�7_ 7�1� 9/27/2022
POB Point of Beginning
SEAN M. SMITH, PLS 8233
DATE
pF CAS
SF Square Feet
R/ W Right -of -Way
FEET 0 50 100
200
300
PREPARED BY:
PREPARED
SCALE
SHEET NO.
TOTAL
P S O M A S
BY
SHEETS
1650 Spruce Street, Suite 400
TKR
l"=100'
1
2
RNersfde, California 92507
f9511787-8421 www.psomos.com
Page 145
EXHIBIT C-3 TO GRANT DEED
DEPICTION OF THE RESERVED PROPERTY
[SEE ATTACHED]
FORM OF
GRANT DEED
-1-
11231-0001\2708118v2.doc Page 146
EXHIBIT
'C-3'
APN
TYPE OF ESTATE
AREA
0209-272-22
FEE
66,341 SF
AREA DESCRIBED IN "Cl"
HORIZONTAL PLANE 8' ABOVE HIGHEST
GROUND SURFACE ELEVATION WITHIN
PROPERTY DESCRIBED IN "Cl"
8'
RESERVED DESCRIBED
IN "Cl"
GROUND SURFACE WITHIN
PROPERTY DESCRIBED IN "Cl"
AREA DESCRIBED IN 'Cl"
AIR SPACE RFSFRVATInN
PROEIIF nFTAII
CITY OF RANCHO CUCAMONGA
COUNTY OF SAN BERNARDINO
PREPARED BY:
P S O M A S
PREPARED
BY
SCALE
SHEET NO.
TOTAL
SHEETS
1650 Spruce Street, Suite 400
TKR
l"=100'
2
2
Riverside, California 92507
f9511787-8421 www.psomas.com
Page 147
EXHIBIT D TO GRANT DEED
DESCRIPTION OF DRIVEWAY AND UTILITY EASEMENT
[TO BE FINALIZED DURING THE DESIGN PROCESS PRIOR TO RECORDATION]
FORM OF GRANT DEED
1 148
1123 1-0001\2708118v2.doc Page
EXHIBIT E TO GRANT DEED
DESCRIPTION OF TUNNEL EASEMENT
[SEE ATTACHED]
FORM OF GRANT DEED
1 149
1123 1-0001\2708118v2.doc Page
SCHEDULE I TO GRANT DEED
TERMS AND CONDITIONS OF TUNNEL EASEMENT
[TO BE FINALIZED WITHIN 90 DAYS OF SIGNING THE DDA]
FORM OF GRANT DEED
1 150
1123 1-0001\2708118v2.doc Page
EXHIBIT "E"
FORM OF 8TH STREET EASEMENT
[SEE ATTACHED]
EXHIBIT "E"
1 151
1123 1-0001\2708118v2.doc Page
RECORDING REQUEST BY,
AND WHEN RECORDED RETURN TO:
DesertXpress Enterprises, LLC
3920 W. Hacienda Ave.
Las Vegas, NV 89118
Attn: David Pickett, Esq.
With a copy to:
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
Attn: City Manager
SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY
Free Recording Requested per Government Code 27383.
EASEMENT FOR HIGH-SPEED RAIL OVERPASS
(8TH STREET)
THIS EASEMENT FOR HIGH-SPEED RAIL OVERPASS ("Agreement") is dated as of
20_ and is entered into by and between the CITY OF RANCHO
CUCAMONGA, a California municipal corporation ("City"), and DESERTXPRESS
ENTERPRISES, LLC, a Nevada limited liability company d/b/a Brightline West and qualified to
do business in California ("DXE"). City and DXE are sometimes hereinafter referred to
individually as "Party" and collectively as the "Parties."
RECITALS
A. DXE plans to construct a high-speed passenger rail system from Las Vegas, Nevada
to Rancho Cucamonga, California ("HSR System"). One portion of this system will include an
elevated track structure along a portion of 8th Street in the City of Rancho Cucamonga and requires
an easement from the City in order to construct, operate, and maintain this elevated track structure.
The location of the easement is described in Exhibit "A" (the "Easement Area"), and the elevated
high-speed rail track structure and ground -level supporting facilities is described in Exhibit `B"
(the "Improvements").
B. The City's public purposes in entering into this Agreement include facilitating the
development of transportation that will benefit the public, providing employment opportunities
resulting from the work to be performed by DXE and the operation of a high-speed rail project,
and obtaining fair market compensation for the easement interest granted herein (and such
compensation shall become part of the general funds of the City and in turn used for public
purposes).
1
Page152
AGREEMENT
1. Grant of Easement; Consideration. City hereby grants to DXE a nonexclusive
perpetual easement ("Easement") in and through the Easement Area for the purpose of installing,
maintaining, and operating the Improvements and operating passenger rail service thereon, subject
to all applicable laws, it being understood that the non -vacated portion of 8th Street is a public
street that will continue to be used by the public at the risk of DXE. The installation, maintenance,
and operation of the Improvements shall be subordinate to any existing easements, covenants,
conditions, restrictions, reservations, rights of way, liens, encumbrances, and other matters of
record on or under 8th Street. As a condition precedent to DXE's occupancy or use of the
Easement Area, DXE will pay to City the one-time sum equal to the fair market price of the
easement interest and rights described herein, as determined by an appraisal obtained by City.
2. AS -IS. DXE accepts the Easement Area in its current "AS -IS" condition, without
representation or warranty, express or implied, and subject to all existing matters of record and all
matters that would be revealed by a diligent inspection of the Easement Area. DXE also
acknowledges that City makes no representations, express or implied, as to the physical condition
of or title to the Easement Area. This Agreement does not constitute, nor grant permission to use
or occupy property not belonging to, or under the control of City, and permission to use or occupy
such property must be obtained from the owner or controller of such property, separate from and
in addition to this Agreement.
3. Authorized Improvements; Street Closures. The rights of DXE to install,
maintain, and operate the Improvements are subject to any applicable laws and permitting
requirements and conditions (and the City does not waive any of its rights or powers in its
governmental capacity in that regard to the extent applicable). City will review and approve all
such Improvement plans in its proprietary capacity as property owner prior to construction of the
Improvements only to ensure consistency and no material interference with the Public
Improvements (as defined below) and not to review the HSR System. In addition, the location of
any columns that support the elevated track structure within the Easement Area will be determined
by DXE through its design process, provided that the locations are approved in writing by the City
Engineer after finding that the locations will not unreasonably impact the Public Improvements,
including 8th Street and Rochester Avenue. The precise location of the columns approved by the
City Engineer pursuant to the foregoing sentence will be described in a new Exhibit "A-2" to be
attached to this Agreement prior to recordation. Any and all street closures required for
installation, maintenance, or repairs of the Improvements must be approved in advance in writing
by the City Manager, and DXE shall pay or reimburse City within thirty (30) days after written
demand for all costs incurred by City in connection with any such closures.
4. Standards for Rail Facilities. City acknowledges that standards promulgated by
and decisions issued by the Federal Railroad Administration ("FRA") and Surface Transportation
Board ("STB") govern the design, construction, operation, and maintenance of railroad facilities
within their jurisdiction and that such regulations, standards, and decisions might as a matter of
law preempt and supersede requirements that may otherwise apply under state or local laws. City
acknowledges that it is not a regulatory agency under federal law or with respect to California
utilities regulated by the California Public Utilities Commission, and the Parties agree that the City
will have no liability for not inspecting rail facilities or operations on the Easement Area for
0
Page153
purposes of enforcing compliance with laws and regulations within the jurisdiction of the STB,
the FRA, or the California Public Utilities Commission. Notwithstanding this Section 4, City
reserves all of its governmental rights and powers, and DXE acknowledges that City is entering
into this Agreement solely in its proprietary capacity.
5. Repair of Damage.
(a) Damage to Public Improvements. DXE shall promptly notify the City in
writing if it becomes aware of any damage to 8th Street or Public Improvements (as defined
below). Whether or not DXE notifies the City, if any damage is caused to 8th Street or Public
Improvements directly or indirectly by DXE or its contractors, such repair work will be conducted
by the City at DXE's sole cost and expense, or if so authorized in writing by City, may be repaired
by DXE at its sole cost and expense (whereupon DXE shall promptly coordinate with City on any
necessary street closures, and promptly perform the repairs).
(b) If City elects to perform repair work for which DXE has some or all
responsibility, DXE shall reimburse City for its share of the reasonable costs of the repair work
within thirty (30) days after delivery of a statement from City describing the costs, including a
statement detailing such costs and expenses. In the event payment is not made within said
thirty (30) day period, said payment shall include interest at a rate of ten percent (10%) per annum
from the end of said thirty (30) day period until paid.
6. Encumbrance. DXE may, at any time and from time to time, encumber to any
bank, insurance company or other institutional lender, herein called "Mortgagee," by one or more
deeds of trust (the "Security Instrument"), all of DXE's interest under this Agreement and the
interest created hereunder provided that (i) such Security Instrument is subject to the terms of this
Agreement and all interests of the City hereunder, (ii) such Security Instrument shall not constitute
in any way a lien or encumbrance on the City's interests, and (iii) the Security Instrument shall not
encumber any obligations that do not relate to the HSR System. No Mortgagee shall be liable to
City as the successor to the rights and obligations of DXE under this Agreement unless and until
such Mortgagee acquires the easement interest hereunder through foreclosure or other proceedings
in the nature of foreclosure or as a result of an assignment in lieu of foreclosure or other
assignment, action or remedy, nor shall a Mortgagee be liable for any defaults that occur after it
conveys its interest in the property associated with the Easement hereunder.
7. Ownership of Improvements. All Improvements shall be owned by DXE during
the duration of this Agreement, and upon the termination of this Agreement, shall become the sole
property of City without compensation to DXE, or, if City so elects and upon written notice to
DXE within ninety (90) days of termination, shall be demolished and removed by DXE from the
Easement Area at DXE's sole expense within twelve (12) months from the date of said notice
(subject to extension for Force Majeure Events or by written agreement of the Parties), and the
foregoing (and defense and indemnity obligations of DXE under this Agreement) shall survive the
termination of this Agreement. Nothing herein affects City's rights or remedies as a governmental
entity, such as the right to cause DXE to abate a nuisance, and in connection therewith, remove
Improvements (if City has such a right as a governmental entity under applicable law). For the
avoidance of doubt, the City acknowledges and agrees that the construction and operation of the
HSR System in accordance with this Agreement and applicable law is not a nuisance.
Page154
8. Waiver and Release. DXE expressly waives, releases and relinquishes any and all
claims, causes of action, rights and remedies DXE may now or hereafter have against City, and its
officials, officers, employees, consultants, attorneys and agents (collectively, "City Entities"),
whether known or unknown, arising prior to the date of this Agreement and relating to the
condition of the Easement Area, or 8th Street or adjacent property, and all claims of contribution
and reimbursement for costs of remediating Hazardous Materials (defined in Section 12 below)
released or existing prior to the date of this Agreement in, on or near the Easement Area.
DXE HEREBY ACKNOWLEDGES THAT IT HAS READ AND IS FAMILIAR WITH
THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542 ("SECTION 1542"),
WHICH IS SET FORTH BELOW:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
THAT THE CREDITOR OR RELEASING PARTY DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT
THE TIME OF EXECUTING THE RELEASE AND THAT, IF
KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR
OR RELEASED PARTY."
BY INITIALING BELOW, DXE HEREBY WAIVES THE PROVISIONS OF SECTION
1542 SOLELY IN CONNECTION WITH THE MATTERS WHICH ARE THE SUBJECT OF
THE FOREGOING WAIVERS AND RELEASES:
DXE's Initials
The waivers and releases by DXE contained herein shall survive the termination of this
Agreement and shall be binding upon the assignees, transferees, and successors -in -interest of
DXE.
9. Access. DXE acknowledges that 8th Street contains certain City -owned public
facilities collectively and hereinafter referred to as "Public Improvements" as well as publicly and
privately owned utilities, including storm drains, water, sewer, gas, electrical, cable television,
fiber optics and other public and privately owned utilities and facilities. Except for access to the
elevated high-speed rail track structure or associated facilities relating thereto ("Restricted
Facilities"), which access is covered in the following sentence, the City and utility providers shall
have access at any time to the Easement Area. Except in the event of an emergency, in which
event telephonic notice as soon as practical is acceptable in lieu of five (5) business day advance
written notice, if the City (1) desires to do any digging or trenching in the Easement Area,
(2) desires to operate a crane in the Easement Area, or (3) desires access to the Restricted Facilities,
the City shall notify DXE either in writing at least five (5) business days prior to such desired
entry. In such event, DXE shall cooperate with the City to determine how to safely provide access
to 8th Street for purposes of the work to be performed. DXE shall have the right, but not the
obligation, to add appropriate signage to the Restricted Facilities, including, without limitation,
signs prohibiting access and requiring advance notice and permission prior to entry. Under no
2
Page155
circumstances shall the City be liable in damages to DXE, or to any assignee or Mortgagee, for
City's failure to provide advance notice of entry and DXE covenants on behalf of itself and its
successors in interest not to sue for or claim damages against City as a result of City's breach of
the notice requirements in this Section 9.
10. Safety Protocols. DXE and the City will comply in good faith with all safety
procedures and protocols mutually developed by the parties, as the same may be amended in
writing from time to time. It is contemplated that such procedures and protocols will address both
planned and emergency access needs for access by City and utility companies. Either party can at
any time present draft safety procedures and protocols to the other party for its reasonable review
and approval and the parties shall thereafter reasonably cooperate to finalize such procedures and
protocols.
11. Utilities. As between DXE and the City, any required relocation of a utility that
interferes with DXE's project within the Easement Area is the sole responsibility of DXE. Upon
written request by DXE, City will provide utility contact information known to City and make its
right-of-way utility staff available (on a reimbursable basis) for meetings with third -party utility
owners to help facilitate DXE's property access and construction and maintenance activities.
12. Termination. In the event DXE fails to use the Easement Area for rail
transportation purposes for a period of five (5) consecutive years ("Abandonment"), the City may,
after thirty (30) days written notice to DXE, deem the easement abandoned and terminate this
Agreement; provided, however, the City may not terminate this Agreement if DXE cures the
Abandonment by using the Easement Area for rail transportation purposes during the thirty (30)
day period after written notice by the City. Additionally, City may terminate this Agreement if
DXE fails to comply with this Agreement and then fails to cure such default within thirty (30) days
after written notice from City, and then continues to fail to cure such default within five (5)
business day following a second written notice from the City sent after the initial 30-day period,
with each such notice (i) sent via certified mail or another delivery method requiring a signature
by the recipient and (ii) stating in all capital and bolded letters of at least 12 point font: "FAILURE
TO CURE SHALL RESULT IN TERMINATION"; provided, however, the City may not
terminate this Agreement if DXE commences to cure the default during the applicable cure period
after written notice by the City and thereafter diligently prosecutes the cure to completion.
(a) Right of Mortgagee to Cure Defaults. Each Mortgagee will have the same
period, commencing upon written notice to each such Mortgagee of such default, to remedy or
cause to be remedied the default complained of as DXE has hereunder to cure such default, plus
an additional ninety (90) days in the case of any other default which is capable of being cured by
the Mortgagee (and such ninety (90) day period will be extended for a reasonable period of time
to gain possession of the interest of DXE under the Agreement through legal proceedings if
necessary to cure such default provided the Mortgagee commences the proceedings within one
hundred eighty (180) days after the initial written notice by the City and thereafter diligently
prosecuting such proceedings) which period will be extended as necessary for a Mortgagee to
obtain relief from any stay in a bankruptcy proceeding in which DXE is a debtor, provided the
Mortgagee is diligently prosecuting such relief and has assumed the obligations of this Agreement
in writing (and such written assumption shall have been delivered to City), and City will accept
performance by such Mortgagee within the time specified herein as timely performance by DXE;
5
Page156
provided, however, that (i) nothing contained herein will be deemed to impose upon any
Mortgagee the obligation to perform any obligation of DXE under this Agreement or to remedy
any default by DXE hereunder, and (ii) in the event that the Mortgagee or a third party succeeds
to DXE's interest under this Agreement pursuant to foreclosure of the Security Agreement,
exercise of a power of sale thereunder or a deed in lieu thereof, City waives, as against the
Mortgagee or such third party, any default by DXE that is not susceptible to cure by the Mortgagee.
Any provision of this Agreement to the contrary notwithstanding, no performance by or on behalf
of a Mortgagee will cause it to become a "mortgagee in possession" or otherwise cause it to be
deemed to be in possession of the Property or bound by or liable under this Agreement, unless the
Mortgagee is actually in possession of the Property. In addition, the parties agree that if there is
more than one (1) Mortgagee (or collateral assignee), then all cure periods provided in this
paragraph will run concurrently. Upon the full and timely performance by Mortgagee of the
obligation or obligations the nonperformance of which was the subject of the notice of default
given to Mortgagee pursuant to this Section, such default shall be deemed cured and shall no longer
give rise to any rights and remedies of City; provided, however, that Mortgagee's cure of any
default under this Agreement by DXE shall not excuse or waive any future default under this
Agreement by DXE or preclude or limit the exercise of any rights or remedies afforded City under
this Agreement as a result of such future default. Notwithstanding any provision to the contrary
contained elsewhere in this Agreement, City will not have the right to terminate this Agreement
or re-enter the Property by reason of a default by DXE that is reasonably susceptible of cure by
Mortgagee, during the period specified in this Section 12 in which a Mortgagee is entitled to cure
a default by DXE.
13. Hazardous Materials.
(a) DXE covenants that it will not handle or transport Hazardous Materials in
the Easement Area except for removal, transportation and disposal in compliance with laws
regarding excavated soils that are or may be contaminated with Hazardous Materials. As used in
this Agreement, the term "Hazardous Materials" means: (a) any substance, products, waste, or
other material of any nature whatsoever which is or becomes listed, regulated, or addressed
pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA), 42 United States Code Section 9601 et seq.; the Resources Conservation and
Recovery Act, 42 United States Code Section 6901 et seq.; the Hazardous Materials Transportation
Conservation and Recovery Act, 42 United States Code Section 1801 et seq.; the Clean Water Act,
33 United States Code Section 1251 et seq.; the Toxic Substances Control Act, 15 United States
Code Section 2601 et seq.; the California Hazardous Waste Control Act, Health and Safety Code
Section 25100 et seq.; the Hazardous Substance Account Act, Health and Safety Code Section
25330 et seq.; the California Safe Drinking Water and Toxic Enforcement Act, Health and Safety
Code Section 25249.5 et seq.; California Health and Safety Code Section 25280 et seq.
(Underground Storage of Hazardous Substances); the California Hazardous Waste Management
Act, Health and Safety Code Section 25170.1 et seq.; California Health and Safety Code Section
25501 et seq. (Hazardous Materials Release Response Plans and Inventory); or the California
Porter -Cologne Water Quality Control Act, Water Code Section 13000 et seq., all as amended (the
above cited California state statutes are hereinafter collectively referred to as "the State Toxic
Substances Law"); or any other federal, state, or local statute, law, ordinance, resolution, code,
rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct
concerning any Hazardous Substance, now or at any time hereinafter in effect; (b) any substance,
0
Page157
product, waste or other material of any nature whatsoever which may give rise to liability under
any of the above statutes or under any statutory or common law theory based on negligence,
trespass, intentional tort, nuisance or strict liability or under any reported decisions of a state or
federal court; (c) petroleum or crude oil, other than petroleum and petroleum products which are
contained within regularly operated motor vehicles or passenger trains; and (d) asbestos.
Notwithstanding the foregoing, DXE may handle and transport Hazardous Materials normally and
customarily used in the development, construction and operation of railroad infrastructure,
including passenger stations, that are used, stored, transported and disposed of in accordance with
all applicable laws, building codes, regulations, ordinances, rules, directives, covenants, or
restrictions of record. As an example only, train infrastructure typically entails refueling
maintenance vehicles or using cleaning supplies for routine maintenance.
(b) DXE further agrees that at City's request it will furnish City with proof,
satisfactory to City, that DXE is in compliance with all such laws, rules, regulations, orders,
decisions and ordinances regarding Hazardous Materials.
(c) Notwithstanding anything else contained in this Agreement, DXE shall
indemnify, defend and hold harmless City from and against any and all claims, liabilities, losses,
damages, costs and expenses arising from or relating to injuries to any person, including wrongful
death, or damage to property, including without limitation, property of City and DXE, or otherwise
(including without limitation reasonable attorneys' fees, investigators' fees, litigation expenses,
and mitigation costs) resulting in whole or in part from DXE's failure to comply with DXE's
obligations under this Agreement with respect to Hazardous Materials, provided, however, that the
foregoing shall not apply to releases of Hazardous Materials by City Entities' active negligence or
willful misconduct or to Hazardous Materials not brought onto the Easement Area by DXE or its
contractors. DXE agrees to reimburse City for all reasonable costs of any kind incurred as a result
of the DXE's failure to comply with this Section, including, but not limited to, judicial or
administrative fines, penalties, clean-up and disposal costs, and legal costs incurred as a result of
DXE's handling, transporting, or disposing of Hazardous Materials on, over, or across the
Improvements and/or 8th Street or adjacent property.
(d) City shall have the right at any time to inspect the Improvements, 8th Street
and Public Improvements in order to monitor DXE's compliance with this Agreement, subject to
the provisions of Section 9 above.
14. Insurance. DXE shall obtain and maintain insurance, at its sole cost and expense,
as required in Exhibit "C" attached hereto.
15. Indemnity. DXE shall defend, indemnify and hold City and its officials, officers,
agents, employees and contractors free and harmless from and against any and all claims, demands,
causes of action, costs, liabilities, expenses, losses, damages or injuries of any kind in law or
equity, to persons or property, including wrongful death, in any manner arising out of or incident
to any acts, omissions or willful misconduct of DXE, its partners, affiliates, agents officials,
officers, employees or contractors in performance of this Agreement, use of the Easement Area or
the construction, use, or operation of the Improvements or the failure to comply (or failure of its
contractors to comply) with California Labor Code Section 1720 et seq., including without
limitation Labor Code Section 1781. DXE shall further defend, indemnify and hold harmless the
7
Page158
City and its officials, officers, agents and employees from all claims, demands, lawsuits, writs of
mandamus, and other actions or proceedings (brought against the City or its departments,
commissions, agents, officers, officials, or employees to challenge, attack seek to modify, set
aside, void or annul any City decision made in connection with this Agreement or DXE's use of
the Easement Area (based on noncompliance with the California Environmental Quality Act or
otherwise). DXE shall defend, with counsel reasonably acceptable to City and at DXE's sole
expense, any and all aforesaid suits, actions or proceedings, legal or affirmative, that may be
brought or instituted against City, its officials, officers, agents, employees or contractors. DXE
shall pay and satisfy any judgment, award or decree that may be rendered against City, its officials,
officers, agents, employees or contractors. DXE shall reimburse such parties for any and all legal
expenses and costs incurred by one or all of them in connection with this Agreement or the
indemnity herein provided. DXE's obligations hereunder shall survive termination or expiration
of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City or its
officials, officers, agents or, employees or contractors.
16. Covenant Runniniz With Land. This Agreement shall be deemed a covenant
running with the land with respect to the Easement Area, burdening the Easement Area and
benefitting the real property interests associated with the HSR System. All of the covenants,
obligations, and provisions of this Agreement shall be binding upon and inure to the benefit of
successors, legal representatives, assigns and successors -in -interest to the Parties. Every person
who now or hereafter owns or acquires any right, title, or interest in and to any portion of the
Easement Area shall be conclusively deemed to have notice of this Agreement, whether or not
reference to this Agreement is contained in the instrument by which such person acquires an
interest in the Easement Area. Therefore, each and every contract, deed or other instrument
hereinafter executed, covering or conveying the Easement Area or any portion thereof or interest
therein shall conclusively be deemed to have been executed, delivered and accepted subject to this
Agreement.
17. Estoppel Certificates. Each of the Parties hereto agree, promptly upon request
from the other Parry hereto, to furnish from time to time in writing certificates containing truthful
estoppel information and/or confirmations of the agreements, obligations and easements contained
in this Agreement and otherwise in a form and substance reasonably satisfactory to the Party from
whom such certificate is sought.
18. Cooperation; Further Assurances. The Parties agree to execute any reasonable
documents necessary to effectuate or protect a Parry's rights under this Agreement.
19. Attorneys' Fees. In the event either Party brings a suit, action, or other proceeding
against the other Parry that in any way relates to or arises out of this Agreement, the prevailing
Party (meaning the Party that obtains substantially the relief sought by it) shall be entitled to have
and recover from the other Parry all reasonable costs and expenses of the suit, action or proceeding,
including attorneys' fees, from the commencement of the suit, action or proceeding through the
entry of judgment. The trial court shall determine which Party is the prevailing Party as well as
the amount of attorneys' fees and costs to be awarded immediately following the entry of judgment
(and without awaiting any appeal) in a post -trial proceeding, such as is conducted when a cost bill
is submitted. If an appeal is timely filed and if the awarding or amount of attorneys' fees and costs
is at issue in the appeal, then the appellate court (or the trial court, acting pursuant to an order of
N.
Page159
the appellate court) shall determine such issue, and the recoverable attorneys' fees and costs shall
include those incurred through the entry of final judgment following the appeal.
20. Miscellaneous.
(a) Notices. All notices permitted or required under this Agreement shall be
given to the respective Parties at the following address, or at such other address as the respective
Parties may provide in writing for this purpose:
DXE: DesertXpress Enterprises, LLC
3920 W. Hacienda Ave.
Las Vegas, NV 89118
Attn: General Counsel
City: City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
Attn: City Manager
Such notice shall be deemed made when delivered by certified mail, return receipt requested, first
class postage prepaid, or by reputable overnight messenger delivery service, and addressed to the
Parry at its applicable address and shall be deemed delivered on the date of delivery or refusal to
accept or inability to delivery shown on the return receipt, or one (1) business day after delivery
to the messenger service for overnight delivery, as applicable.
(b) Entire Understanding. This Agreement constitutes the entire understanding
between the Parties, and supersedes all offers, negotiations, and other agreements concerning the
subject matter contained herein.
(c) Invalidily. If any provision of this Agreement is invalid or unenforceable
with respect to any Party, the remainder of this Agreement or the application of such provision to
persons other than those as to whom it is held invalid or unenforceable, shall not be affected and
each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by
law.
(d) Successors and Assigns. This Agreement shall be binding on and inure to
the benefit of the successors of the respective Parties. Except as set forth in Section 6 above, this
Agreement may not be assigned by either Parry without the prior written consent of the other Parry.
(e) Governing Law. Except on subjects preempted by federal law, this
Agreement will be governed by and construed in accordance with the laws of the State of
California. Nothing herein is meant to be or will be interpreted to be a waiver of principles of
legal preemption or preclusion that may apply to DXE because of its status as a common carrier
regulated by the federal government.
(f) Venue. Venue for any legal action between the Parties related to this
Agreement will be in the Superior Court of San Bernardino County, California or the United States
I
Page160
District Court, Central District Court of California. The judgment in any such action may be
enforced by any court of competent jurisdiction wherever located.
(g) Exhibits. All exhibits attached hereto form material parts of this
Agreement.
(h) Time of Essence. Time is of the essence of every provision hereof in which
time is a factor.
(i) Survival. All defense, indemnity, and payment obligations of DXE that
arise or relate to events occurring prior to the termination of this Agreement shall survive such
termination.
21. Property Taxes, Including Possessory Interest Taxes. This Agreement creates
a possessory interest that may be subject to possessory interest tax (a type of California property
tax), and DXE shall pay any such possessory interest taxes that may be assessed. If the
Improvements are taxed as an improvement on the Easement Area, DXE shall, upon demand, pay
such taxes allocable to the Improvement, as determined by the taxing authority. City shall
cooperate and assist DXE, at no costs to City, in any efforts to obtain a separate assessment for the
Improvements, including executing any reasonably required applications or reasonable
documents. DXE shall pay when due all personal property taxes levied against or relating to the
Improvements.
22. Encroachment Permit(s). DXE shall obtain encroachment permits from City,
which City shall not unreasonably deny (upon written application at least forty-five (45) days in
advance, but City shall endeavor to process such permits more quickly if possible), in areas outside
of but adjacent to the Easement Area as needed for: (i) temporary construction staging; (ii) any
public improvements thereon that will be affected (including closure of areas open to the public)
or need to be altered or repaired as a result of work done by DXE; or (iii) or access for the foregoing
purposes. DXE shall pay all related permit fees and reimburse City within ten (10) business days
after written demand for costs of processing the applications.
[Signature Page Follows]
10
Page161
The Parties have executed this Agreement as of the date first written above.
DYE: CITY:
DESERTXPRESS ENTERPRISES, LLC, a CITY OF RANCHO CUCAMONGA,
Nevada limited liability company
an
a California municipal corporation
Sarah Watterson By: , Mayor
President
ATTEST:
City Clerk
APPROVED AS TO FORM:
Nicholas Ghirelli,
City Attorney
Page162
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
County of
On , before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
12
Page163
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
County of
On , before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
13
Page164
EXHIBIT "A"
DESCRIPTION OF EASEMENT AREA
[SEE ATTACHED]
m
Page165
EXHIBIT `A'
Legal Description
APN: 0209-272-11, 0229-262-35 & 0229-262-36
Those portions of Milliken Avenue and Parcel 1, as shown on Parcel Map No. 7555, in
the City of Rancho Cucamonga, County of San Bernardino, State of California, filed in
Book 77, pages 42 and 43 of Parcel Maps, in the Office of the County Recorder of said
County, together with that portion of Parcel 1 of Parcel Map No. 7797, in said City, filed
in Book 80, pages 29 through 32, inclusive of Parcel Maps, in the Office of the County
Recorder of said County, together with that portion lying within 8th Street Right -of -Way,
as shown on the Record of Survey filed in Book 118, pages 77 and 78, in the Office of
the County Recorder of said County, together with a portion of the land in said City
described as Rancho Cucamonga Metrolink Station Phase I, in the Grant Deed recorded
October 06, 1994, as Document No. 1994-0409793, of Official Records of said County,
State of California, described as follows:
Parcel "A"
Commencing at the northeast corner of Section 13, Township 1 South, Range 7 West,
San Bernardino Meridian, as shown on Parcel Map No. 14647 filed in Book 177, pages
90 through 96, inclusive, of Parcel Maps, in the Office of the County Recorder of said
County, said point being on the westerly line of Section 18, Township 1 South, Range 6
West, San Bernardino Meridian, as shown on said Parcel Map No. 7555;
Thence along the westerly line of said Section 18 South 00°29'50" East 3.79 feet to the
Point of Beginning;
Thence leaving said westerly line North 87°50'29" East 509.29 feet;
Thence North 87°48'05" East 258.95 feet;
Thence North 86°59'53" East 149.87 feet;
Thence North 10°47'55" East 1.81 feet;
Thence North 55°47'55" East 1.41 feet;
Thence South 79°12'05" East 8.00 feet;
Thence South 36°17'13" East 0.62 feet;
Page 1 of 5
Page166
Thence North 86°34' 19" East 148.67 feet;
Thence North 42'11'39" East 1.43 feet;
Thence North 86°34'31" East 8.00 feet;
Thence South 48°28'38" East 1.38 feet;
Thence North 86' 18'40" East 79.13 feet;
Thence North 87°14'34" East 85.84 feet;
Thence North 88°08'53" East 93.15 feet;
Thence North 87°54'53" East 419.57 feet;
Thence North 02°05'07" West 3.00 feet;
Thence North 87°54'53" East 106.18 feet;
Thence South 02°05'07" East 3.00 feet;
Thence North 87°54'53" East 1,377.58 feet;
Thence North 88'01'32" East 46.56 feet;
Thence North 88°41'30" East 46.74 feet;
Thence South 89°45'16" East 31.17 feet;
Thence North 88°28'08" East 146.29 feet;
Thence South 85°51'37" East 8.00 feet;
Thence South 87°58'21" East 107.78 feet;
Thence South 74'01' 15" East 8.00 feet;
Thence South 89°40'47" East 116.04 feet;
Page 2 of 5
Page167
Thence South 44°38'23" East 6.21 feet to a point hereinafter referred to as Point "A",
said point being on the southerly line of the Railroad Right -of -Way as shown on said
Record of Survey;
Thence continuing South 44°38'23" East 21.59 feet;
Thence South 87°56'20" East 76.88 feet to the easterly line of Rochester Road as shown
on said Record of Survey;
Thence along said easterly line South 00°09'46" West 53.26 feet;
Thence leaving said easterly line North 88'01'57" West 77.71 feet;
Thence North 87°41' 11" West 22.86 feet;
Thence North 84°42'33" West 129.75 feet;
Thence North 80° 18'23" West 107.04 feet;
Thence North 85°57'27" West 23.10 feet;
Thence North 86°57'43" West 47.82 feet;
Thence North 88°21'24" West 48.91 feet;
Thence South 8751'40" West 44.94 feet;
Thence South 87°52'16" West 15.79 feet;
Thence South 87°54'53" West 2,029.24 feet;
Thence South 86°56'35" West 23.54 feet;
Thence South 86°33'18" West 33.69 feet;
Thence South 79° 10' 13" West 53.07 feet;
Thence South 79°13'27" West 89.48 feet to the northerly line of said Section 18;
Thence South 79°13'27" West 24.46 feet;
Page 3 of 5
Page168
Thence South 87°50'06" West 8.00 feet;
Thence South 81 °58'53" West 137.33 feet;
Thence South 87°55'09" West 943.00 feet to the westerly line of said Section 18;
Thence along said westerly line North 0°29'50" West 60.02 feet to a point hereinafter
referred to as Point "B", said point being on the southerly line of the Railroad Right -of -
Way as shown on said Record of Survey;
Thence continuing North 0°29'50" West 13.25' to the Point of Beginning.
Excepting therefrom that portion lying northerly of the following described line:
Commencing at the above -described Point "A";
Thence South 87°55' 10" West 3,762.19 feet to the above referenced Point "B.
Reserving all that portion below a level plane 16.00 feet above the existing ground,
except that portion occupied by viaduct columns at locations described on Exhibit `A-2'
attached hereto.
Parcel contains 131,094 square feet, more or less.
Parcel "B"
Commencing at said northeast corner of said Section 13, Township 1 South, Range 7
West, San Bernardino Meridian, as shown on said Parcel Map No. 14647;
Thence along the easterly line of said Section 13 South 00°29'50" East 50.00 feet to the
easterly prolongation of the northerly line of said Rancho Cucamonga Metrolink Station
Phase I, said point also being the Point of Beginning;
Thence along said easterly prolongation line South 89°43'55 West 30.00 feet to the
northeasterly corner of said Rancho Cucamonga Metrolink Station Phase I;
Thence continuing along said northerly line South 89°43'55 West 12.83 feet;
Thence leaving said northerly line South 00°00'00" West 28.43 feet;
Page 4 of 5
Page169
Thence North 87°55' 10" East 13.09 feet to the easterly line of said Rancho Cucamonga
Metrolink Station Phase I;
Thence North 87°55' 10" East 30.01 to the easterly line of said Section 13;
Thence along said easterly line of Section 13 North 00°29'50" West 27.07 feet to said
easterly prolongation and the Point of Beginning.
Parcel contains 1,192 square feet, more or less.
Reserving all that portion below a level plane 16.00 feet above the existing ground,
except that portion occupied by viaduct columns at a location described on Exhibit `A-2'
attached hereto.
The bearings and distances used in the above description are based on the California
Coordinate System of 1983, (CCS83), Zone 5, 2010.0 epoch. Divide distances shown by
0.9999392898 to obtain ground distance.
See Exhibit `A-1' attached hereto and made a part hereof.
This real property description has been prepared by me, or under my direction, in
conformance with the Professional Land Surveyor's Act (Bus. & Prof. Code §8700).
LA
r
0 Sego AI_ Smith
Signature:
Sean M. Smith, PLS 8233
No. 8233 1
Date: 9/28/2022
Page 5 of 5
Page170
EXHIBIT 'A -I'
APN TYPE OF ESTATE AREA
0229-262-35, 0229-262-36, EASEMENT PARCEL -A-= 131,094 SF
0229-111-20 & 0229-111-14 PARCEL -B-= 1,192 SF
SECTION LINE
P
Q I I
C)
Lam\ `°
SHEET 21�
___�I�-
a
W a
Zi:
v
tLl
h -w-
m
-m
_
U LN
Q
a
Ll—
INDEX MAP
G_f]
r r ((11 l
r \ 1I
J J JSJ J J)AJ
M1
L%J3-1 , JVJ J
SHEET
ARCEL "AN
PAR ClE L 1V1AP
NO J 7797
PJJVJJrJ 3,0/29-32
Ml PAR —DEL 1\11AP
0 L1 �Jl�IIJJJ ,l ,ll �I!`IJ
tLl '
CID
CID
CID
7
CITY
OF RANCHO CUCAMONGA
COUNTY OF SAN BERNARDINO
LEGEND
Not a Part
Indicates area to be
acquired from City
POC
Point Of Commencement
POB
Point of Beginning
SF
Square Feet
PREPARED BY:
PS O M A S
1650 Spruce Street, Suite 400
Riverside, Cclifornio 92507
f9511787-8421 www.psomos.com
M1
`J r r C 1 J
r•
TJ I s J FRJJ
rl
L% J � J JVJ J
THIS PLAT WAS PREPARED
UNDER MY DIRECTION
9/28/2022
SEAN M. SMITH, PLS 8233 DATE
O
78TH STREET
SHEET
SHEET
4L _ _ _ _ _
5
—z
occ J Nol
�
200203 1055 J J R J
�2JJ2
LQ
RLC J J6/2�
=
v
0
FEET 0 250 500 1000 1500
PREPARED SCALE SHEET NO. TOTAL
BY SHEETS
T KR l"=500' l 7
AL LANp S G
a SEAN M. SMITH
kNo. 8233 *
pF CALI/
EXHIBIT 'A -I'
APN
0229-262-55, 0229-262-56,
0229-111-20 & 0229-111-14
POC
Ll
NORTHEAST
POB
COR. SEC. 13
L8
o�
n
w oN
PO /NT '
a,o
=oo
C°
(n o
0
w Z
1 V)
LQ
�;r��
W
;'�
'mil/ 1:0
O Z)
1
J UI
0
PARCEL
PARCEL "A"
R /W--\,,
SOUTHERLY LINE OF
A.T. & S.F. (NOW SANBAG) R/W
PARCEL MAP NO. 7555
PER P.M.B. 77/42-43
N87°50'29"E 509.29'
R/W
fir( Frr11J�
-J J Is J J :J lill J
rl
s J 0 j J\jj J
WESTERLY LINE
SECTION 18,
T.IS. R.6W.
LQ
AZUSA COURT
L�
CITY OF RANCHO CUCAMONGA
COUNTY OF SAN BERNARDINO
LEGEND
Not a Part
Indicates area to be
acquired from City
POC
Point Of Commencement
POB
Point of Beginning
SF
Square Feet
R/W
Right -of -Way
PREPARED BY:
PS
O M A S
1650 Spruce Street, Suite 400
Riverside, Cclifornio 92507
f9511787-8421 www.psomos.com
Q7
Q
v
TYPE OF ESTATE
EASEMENT
APN: 0229-111-20
cs1r��\\� J- TI J vJ
f 1 J 6 lilt J% � J J J 1\Jl J
N87°48'05"E 258.95'
87055'10"E 3762.1 J'
N'LY LINE OFF /
SEC. 18, T.I.S., R.6W. R.6W.
S87°55'10"W 942.96
_PAJF�Cr ]VIA
IN] a J _l_
APN: 0229-262-36
FARCrL J
LINE TABLE
NO.
BEARING
DISTANCE
Ll
S00°29'50"E
3.79'
L2
N86°59'53"E
149.87'
L3
Nl0°47'55"E
1.81'
L4
N55°47'55"E
1.41'
L5
S79°12'05"E
8.00'
L6
S36017'/3"E
0.62'
L7
N86°34'19"E
148.67'
L8
N00°29'50"W
13.25'
FEET 0 50 100 200 300
PREPARED SCALE SHEET NO. TOTAL
BY SHEETS
TKR l"=100' 2 7
AREA
131,094 SF
SEE DETAIL
"A" BELOW
L 2
ti
y 00,
w
w
W
w
V)
APN: 0229-111-20 \
L4
� LS I
r L2 L3 L6 L7—► i
I
I �
APN: 0229-111-20
APN PARCEL
0229-262-35, 0229-262-36, PARCEL "A"
0229-111-20 & 0229-111-14
R/W—
SEE DETAIL "A" SEE DETAIL "B"
ON SHEET 2 BELOW
�( N86434'19"E L12 L13
18.6
L2�
_ 89.4 2�"W
v, W S79°13
W S8113 8.3� S79°13'27"W
Lij L22 24.46'
S87°55'10"W
942.96'
APN: 0229-262-36
. EC 1r3
T , is, R �) l)U l
rl JVJ '
PARCEL JVJAP
NJ IJJJ
P V1, 5 l7/'f2-'13
CITY OF RANCHO CUCAMONGA
COUNTY OF SAN BERNARDINO
LEGEND
Q Not a Port
Indicates area to be
acquired from City
POC Point Of Commencement
POB Point of Beginning
SF Square Feet
R/W Right -of -Way
PREPARED BY:
P S O M A S
/650 Spruce street, Sure 400
Riverside, Collfurnlo 92507
(951)787-8421 www.psomas.com
EXHIBIT 'A-1'
TYPE OF ESTATE
EASEMENT
r
r 11^ I J Jll JI1J �
J APN: 0229-1/1-20
N87°54'53'E 419.57'
L/4
R/W
N'LY LINE OF
L19 SEC. l8, T.1S., R.6W.
PARCEL J
PARCEL 1\11r1P
NO 1 77 97
P 1V1, J � :30/2 9-32
P.M.B. 77742-43J
APN: 0229-262-35
AREA
131,094 SF
SOUTHERLY NE OF A.T. &
S.F. (NOW SANBAG) R/W
PARCEL MAP NO. 7797
PER P.M.B. 80129-32
L15`
�8 5f5 10"E376�15f'/ rE376�1
S87°54'53"W 2,029.24'
LINE TABLE
NO.
BEARING
DISTANCE
L9
N42°1/'39"E
1.43'
Ll0
N86°34'31"E
8.00,
L11
S48°28'38"E
1.38'
L12
N86°18'40"E
79.13'
L13
N87°14'34"E
85.84'
L14
N88°08'53"E
93.15'
L15
NO2°05'07"W
3.00,
L16
N87°54'53"E
106.18,
L17
SO2105'07"E
3.00,
LIB
N87°54'53"E
1,377.58'
L19
S86°56'35"W
23.54'
L20
S86°33'/8"W
33.69,
L21
S79°/0'/3"W
53.07'
L22
S87°50'06"W
8.00'
FEET 0 50 100 200 300
PREPARED SCALE SHEET NO. TOTAL
BY SHEETS
TKR l"=100' 3 7
II
W zW
APN: 0229-111-20
� 861484'�9"E LIO
L9
APN: 0229-111-20
DETAIL "B"
NTS
W
W
w- —.r )
Page 173
EXHIBIT 'A-1'
APN
PARCEL
TYPE OF ESTATE
AREA
0229-262-35, 0229-262-36,
PARCEL "A"
EASEMENT
131,094 SF
0229-111-20 & 0229-111-14
R/W
SEC i
'
SOUTHERLY LINE OF
S � 1J � l\/1,
I
A.T. & S.F. (NOW SANBAG) R/W
APN: 0229-111-14
i
RECORD OF SURVEY
PER BOOK I/8, PAGES 77-78
L25
L27
N88°28'08"E L26 S87°58'2/"E
L28
"A�
N87°54'53"E 1,377.58'
L23 L24
146.29' 107.78' S89°40'47"E
//6.04'
POINT
L29
W
L30
87° -1
'E 76 ./9'
LLJ
STREET S87°54'53"W
2,029.24'� V
L37 L36
L35 L34 L33
107.04'
R/W N80°18'23"W 129.75,
APN: 0229-251-27 N'LY LINE OF N84°42'33"W
SEC. 18, T.1S., R.6W.
APN: 0229-251-33 APN 0229-25/-3/
LINE TABLE
NO.
BEARING
DISTANCE
L23
N88°01'32"E
46.56'
L24
N88°41'30"E
46.74'
L25
S89°45'16"E
31.17'
L261
S85°51'37"E
8.00,
L27
S74°0/'/5"E
8.00,
L28
S44°38'23"E
6.21,
L29
S44°38'23"E
21.59'
L30
S87°56'20"E
76.88'
CITY OF RANCHO CUCAMONGA
COUNTY OF SAN BERNARDINO
LEGEND
Q
Not a Port
Indicates area to be
acquired from City
POC
Point Of Commencement
POB
Point of Beginning
SF
Square Feet
R/W
Right -of -Way
PREPARED BY:
P S
O M A S
1650 Spruce Street, Sure 400
Riverside, Collfurnlo 92507
(951)787-8421 www.psomas.com
LINE TABLE
NO.
BEARING
DISTANCE
L31
S00°09'46"W
53.26'
L32
N87°41'11"W
22.86'
L33
N85°57'27"W
23.10'
L34
N86°57'43"W
47.82'
L35
N88°2/'24"W
48.91'
L36
S87°5/'40"W
44.94'
L37
S87°52'16"W
15.79'
N
rn /
N
N
O
APN:
�
CC
0229-251-36
CL�
Q
PARCEL
00C� NO,
Rr C, 06/29/2002
SEC 12
-r l S � R �/u
S,81,1\11
FEET 0 50 100 200 300
PREPARED SCALE SHEET NO. TOTAL
BY SHEETS
TKR l"=100' S 7
Page 175
EXHIBIT 'A -I'
APN PARCEL I TYPE OF ESTATE AREA
0209-272-11 PARCEL "B" EASEMENT 1,192 SF
NORTHERLY LINE
PARCEL /5
R/
NORTHEAST CORNER
PHASE l
APNt 0209-143-2/—
NORTHERLY LINE RANCHO
CUCAMONGA METROLINK
STATION PHASE l
PER DOC. NO. 1994-0409793, O.R., L
REC. 10/06/1994 ,,-R/W
DOC. NO. 1994-0409795, O.R., L4
REC. 1010611994
APNt 0209-272-11
L5 L6
NORTHERLY LINE
PARCEL /5
EASTERLY LINE
PHASE l
APNt 0209-272-22
FAJRCrL 15
FAR r L ]VIAP i\101 1 4641 l
F,JVJ,0', 1%J�)0-96 30
EASTERLY LINE PARCEL 15
SEG J 3
T, 1GI R, III]
CITY OF RANCHO CUCAMONGA
COUNTY OF SAN BERNARDINO
LEGEND
Indicates area to be
acquired from City
POC Point Of Commencement
POB Point of Beginning
SF Square Feet
R/W Right -of -Way
PREPARED BY:
P S O M A S
1650 Spruce Street, Suite 400
Riverside, California 92507
f951)787-8421 www.psomos.com
EASTERLY LINE
SECTION l3
Azusa COURT
>L7
N'LY LINE OF
SEC. 13, T.1S., R.7W.
POC
NORTHEAST
COR. SEC. 13
LINE TABLE
NO.
BEARING
DISTANCE
Ll
SOO°29'50"E
50.00'
L2
S89a43'55"W
30.00,
L3
S89a43'55"W
12.83'
L4
S00a00'00"E
28.43'
L5
N87a55'10"E
13.09,
L6
N87°55'10"E
30.01,
L7
N00a29'50"W
27.07'
GrC, 1.3
T, JS, R,6l,V
iJ� J 1
rl J Ivl1l
FEET 0 50 100 200 300
PREPARED SCALE SHEET NO. TOTAL
BY SHEETS
TKR l"=100' 6 7
Page 176
EXHIBIT 'A-2'
APN PARCEL TYPE OF ESTATE AREA
CITY OF RANCHO CUCAMONGA
COUNTY OF SAN BERNARDINO
LEGEND
FEET 0 50 100 200 300
PREPARED BY: PREPARED SCALE SHEET N0. TOTAL
SSO
A S SHEETS
1650 Spruce Street, Suite 400
Riverside, California 92507 I_I00. 7
f9511787-8421 www.psomos.com 7
EXHIBIT "B"
DESCRIPTION OF IMPROVEMENTS
The Improvements will consist of an elevated railroad viaduct and approximately twenty-one (21)
associated support columns located in the Easement Area.
-2-
Page178
EXHIBIT "C"
Required Insurance
(a) Prior to Construction. On or before DXE's entry onto the Easement
Area, DXE shall procure and maintain, at its sole cost and expense, the following insurance:
(1) Commercial General Liability (CGL) with a limit not less
than twenty-five million dollars ($25,000,000) per each occurrence and a general aggregate limit
of not less than twenty-five million dollars ($25,000,000) providing coverage for bodily injury,
property damage, and personal injury through any combination of primary and excess or umbrella
liability insurance policies with limits restating annually. The CGL insurance must be written on
an ISO occurrence form CG 00 0104 13 or (with approval from City) substitute forms at least as
broad as CG 00 01 04 13 coverage. All excess or umbrella policies must be "follow form" and
afford no less coverage than the primary policy. Such CGL must provide coverage to the
Indemnified Parties as additional insureds using ISO Additional Insured Endorsement CG 20 10.
Coverage shall be provided to the Indemnified Parties for claims proximately caused by reason of
the uses authorized by this Agreement and the location and placement of improvements within the
Easement Area, unless caused by an Indemnified Party's gross negligence or willful misconduct.
(b) Insurance During Construction. Prior to commencing physical
construction within the Easement Area, DXE shall procure or cause to be procured and maintained
throughout construction the following insurance coverage:
(1) Liability Insurance. Commercial General Liability (CGL)
with a limit not less than three hundred million dollars $300,000,000 each occurrence, three
hundred million dollars ($300,000,000) products and completed operations aggregate, and a
general aggregate limit of not less than three hundred million dollars ($300,000,000) providing
coverage for bodily injury, property damage, and personal injury through any combination of
primary and excess or umbrella liability insurance policies with one reinstatement general
aggregate limit for the period of the policy(ies) term. Such policies must be project -specific with
dedicated limits to the Project. The CGL insurance must be written on an ISO occurrence form
CG 00 0104 13 or (with approval from City) substitute forms providing equivalent coverage. All
excess or umbrella policies must be "follow form" and afford no less coverage than the primary
policy. Such CGL must cover the Indemnified Parties as additional insureds using ISO Additional
Insured Endorsement CG 20 26 or 20 10 and accompanied by 20 37 or equivalent forms with
approval from City providing coverage to the additional insured for completed operation losses.
Coverage must be provided to the Indemnified Parties for claims proximately caused by reason of
the uses authorized by this Agreement, unless caused by an Indemnified Party's gross negligence
or willful misconduct.
The policy or policies shall be endorsed to remove exclusions pertaining to any railroads.
There must not be any endorsement or modification of the CGL limiting the scope of coverage for
liability assumed under an insured contract. Completed operations coverage must extend for as
long as there is any exposure to liability under a statute of repose or any other applicable statute
of limitations. If completed operations coverage through the end of statutory exposure is not
commercially available, completed operations coverage must extend for at least ten (10) years
-3-
Page179
from the completion date of the Project. All excess or umbrella policies must contain a drop -down
clause in the event of exhaustion of primary limits and provide coverage for primary CGL.
(2) Commercial Automobile Insurance. During all phases of the
Project, DXE shall provide evidence of commercial business auto coverage written on ISO form
CA 00 01 10 01 (or, with approval from City, substitute form providing equivalent liability
coverage) with a limit not less than one million dollars ($1,000,000) for each accident. Such
insurance must cover liability arising out of any auto (including owned, hired, and non -owned
autos). The policy must contain an endorsement for coverage to operations in connection with a
railroad and an endorsement to cover liabilities arising out of the Motor Carrier Act - Hazardous
materials clean up (MCS-90) with a sublimit of no less than one million dollars ($1,000,000).
During all phases of the Project, DXE shall require its general contractor to provide (and shall
ensure that its general contractor does provide) evidence of commercial business auto coverage
written on ISO form CA 00 01 10 01 (or, with approval from City, substitute form providing
equivalent liability coverage) with a limit not less than twenty-five million dollars ($25,000,000)
for each accident. Such insurance must cover liability arising out of any auto (including owned,
hired, and non -owned autos) and can be satisfied by a combination of primary and excess and/or
umbrella policies. The policy(ies) must contain an endorsement for coverage to operations in
connection with a railroad and an endorsement to cover liabilities arising out of the Motor Carrier
Act - Hazardous materials clean up (MCS-90) with a sublimit of no less than one million dollars
($1,000,000). All excess or umbrella policies shall contain a drop -down clause in the event of
exhaustion of primary limits and provide coverage for primary auto liability.
(3) Workers' Compensation and Employers Liability Insurance.
During all phases of the Project, DXE shall provide evidence of Workers' Compensation insurance
as required under California statute including coverage for Employer's Liability with limits of at
least one million dollars ($1,000,000) each accident, one million dollars ($1,000,000) each
employee by disease, and a policy limit of one million dollars ($1,000,000) by disease. The excess
liability policy must include employer's liability coverage limits to at least twenty-five million
dollars ($25,000,000) and can be satisfied by a combination of primary and excess and/or umbrella
policies.
The workers' compensation policies must provide the following:
a. A waiver of subrogation in favor of City and the Indemnified Parties;
b. A provision extending coverage to all states' operations;
c. A voluntary compensation endorsement;
d. An alternative employer endorsement, if applicable to DXE
operations;
e. Coverage for liability under the United States Longshore and Harbor
Workers' Compensation Act on an "if any" basis or as otherwise
appropriate;
.13
Page180
f. Coverage for liability under Title 46 of the U.S.C. § 688 ("Jones Act") on
an "if any" basis or as otherwise appropriate; and
g. An endorsement extending the policy to cover the liability of the insureds
under the Federal Employer's Liability Act on an "if any" basis or as
otherwise appropriate.
(4) Professional Liability Insurance. During all phases of the
Project, DXE shall provide evidence of professional liability insurance, including prior acts
coverage sufficient to cover all claims arising out of any professional services, including without
limitation engineering, architectural, or land surveying work required in constructing the Project
on the Easement Area, procured, and maintained by those third parties performing such work for
or on behalf of DXE. For the lead design contractor for the improvements in privity with DXE,
the coverage must not be less than ten million dollars ($10,000,000) per claim and in the aggregate.
For environmental assessments, land surveying work and any other site work, the coverage must
not be less than two million dollars ($2,000,000) per claim and in the aggregate. For architectural,
geotechnical engineers, and electrical engineers, the coverage must not be less than two million
dollars ($2,000,000) per claim and in the aggregate. For structural engineers and civil engineers
relating to the Project, the coverage must not be less than five million dollars ($5,000,000) per
claim and in the aggregate. DXE shall also require any member of its design build team, any
subconsultant, or any subcontractor performing professional design services for any portion of the
Project, to obtain and maintain (and shall ensure that they do obtain and maintain) professional
liability insurance providing the same coverage, with limits of at least one million dollars
($1,000,000) per claim and in the aggregate. DXE shall procure and maintain a project specific
Owner's Protective Professional Indemnity (OPPI) policy that provides coverage with limits of at
least twenty-five million dollars ($25,000,000) per claim and in the aggregate for claims arising
out of the liability of design and construction professionals. Such coverage must include coverage
for claims filed directly against DXE by third -parties alleging negligence (arising from
professional services of design firms).
No self -insured retention for DXE or any lead design entity is permitted to exceed five
hundred thousand dollars ($500,000), unless commercially unavailable and without prior written
approval from City, in its good faith discretion. Coverage must apply specifically to professional
activities performed or contracted by DXE in support of the Project. The policy(ies) must have a
retroactive date consistent with the inception of the first date of design or project or construction
management activities, and no later than the date on which any contract or subcontract was issued.
DXE agrees to maintain or to require its design professionals, subconsultants, or design -build
subcontractors to maintain (and shall ensure that they do maintain), as appropriate, this required
coverage for a period of no less than three years after the commencement of revenue service or to
purchase an extended reporting period for no less than three years after the commencement of
revenue service. If the contractor is working with a separate lead design entity, contractor must
(and DXE shall ensure that contractor does) require the lead design entity to agree to maintain this
coverage for a period of no less than three (3) years after the commencement of revenue service
or to purchase an extended reporting period for no less than three (3) years after the commencement
of revenue service.
-5-
Page181
(5) Contractor's Pollution Liability. DXE shall procure or cause
to be procured contractor's pollution liability ("CPL") coverage throughout the period of
construction. Coverage must be provided by a stand-alone policy with Project dedicated limits of
no less than twenty-five million dollars ($25,000,000) per occurrence and twenty-five million
dollars ($25,000,000) in the aggregate per policy period dedicated to the Project. Coverage must
be written on an occurrence basis and extended for a minimum ten (10) year period with a separate
limit available exclusively to the Project. The CPL policy must include coverage for investigation,
removal, and remediation costs including monitoring or disposal of contaminated soil, surface
water, groundwater or other media to the extent required by environmental laws caused by
pollution conditions resulting from or exacerbated by covered operations; third -parry bodily injury
and property damage, provided that the third -party property damage liability coverage includes
loss of use of damaged property or of property that has not been physically injured or destroyed,
resulting from pollution conditions caused by or from conditions exacerbated by covered
operations. The policy must have no exclusions or limitations for loss occurring over water
including but not limited to a navigable waterway or for lead or asbestos. Coverage as required in
this Section shall apply to sudden and non -sudden pollution conditions resulting from the escape
or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, waste
materials, or other irritants, contaminants, or pollutants. The CPL policy must also provide
coverage for losses due to loading, unloading or transportation and liability imposed by off -site
disposal of materials at a third -party disposal site including testing, monitoring, measuring
operations or laboratory analysis and remediation. If the scope of work includes the disposal of
any hazardous or non -hazardous materials from the job site, DXE shall furnish City evidence of
pollution legal liability insurance maintained by the disposal site operator for losses arising from
the insured facility accepting the materials, with coverage in minimum amounts of five million
dollars ($5,000,000) per loss and an annual aggregate of five million dollars ($5,000,000).
(6) Railroad Protective Liability. DXE shall provide, or cause to
be maintained, any coverage as may be required by any railroad as a condition of the railroad's
consent for entry onto railroad facilities or property. Such policy shall be effective during the
period any construction is being performed within 50 feet of any railroad ROW. Coverage shall
be written on Insurance Services Office occurrence Form CG 00 35 (or, with approval from City,
substitute form providing equivalent coverage) on behalf of any railroad as a named Insured, with
a limit specified by any railroad. 20.2.1.7. Aircraft Liability. If applicable, DXE shall procure, or
cause to be procured and maintained, aircraft liability insurance with a limit of not less than ten
million dollars ($10,000,000) per occurrence in all cases where any aircraft is used on the Project
that is owned, leased or chartered by any contractor -related entity or its subcontractors of any tier,
protecting against claims for damages resulting from such use. Any aircraft intended for use in
performance of the work, the aircraft crew, flight path and altitude, including landing of any
aircraft on the Project or on any property owned, rented or leased by City or any of the Indemnified
Parties is subject to review and written acceptance by City prior to occurrence of any such usage.
If any aircraft are leased or chartered with crew and/or pilot, evidence of non -owned aircraft
liability insurance is acceptable in lieu of the coverage listed above but must be provided prior to
use of the aircraft.
IN
Page182
(7) Builder's Risk Insurance. DXE shall, upon commencement
of construction and with approval of City, obtain and maintain a policy of builder's risk insurance
for the Project. Coverage shall be written on an "all risk" basis and provided through a stand-alone
policy dedicated solely to the Project. The insureds must include the contractor, all subcontractors
(excluding those solely responsible for design work) of any tier, suppliers, and SBCTA, and City.
Coverage must include property owned by City and the Indemnified Parties that is part of the
Project and must not be limited by use of the phrase "as their interests may appear." The policy
must cover all property, roads, buildings, bridge structures, other structures, fixtures, materials,
supplies, foundations, pilings, machinery and equipment (excluding contractor's equipment) that
are part of or related to the portions or elements of the Project, and the works of improvement,
including permanent and temporary works and on -site materials, and including goods intended for
incorporation into the works located at the Easement Area, in storage or in the course of transit to
the Easement Area and all improvements that are within the Easement Area.
The builder's risk policy must include coverage for:
a. Any ensuing loss from faulty workmanship or nonconforming work,
including L.E.G. 3 wording;
b. Machinery accidents and operational testing involving equipment covered
by the policy;
c. Removal of debris, with a sublimit of twenty-five percent (25%) of the loss
subject to a limit of twenty-five million dollars ($25,000,000) and insuring the buildings,
structures, machinery, equipment, materials, facilities, fixtures and all other properties
constituting apart of the Project;
d. Transit, including ocean marine coverage (unless insured by the supplier
or through a separate marine cargo policy), with sub -limits sufficient to insure the full
replacement value of any key equipment item;
e. Replacement value of any property or equipment stored either on or off the
Easement Area;
£ Coverage limits sufficient to insure for the following perils subject to
applicable sub -limits for these perils based on the probable maximum loss of the insured
property:
• Collapse;
• Terrorism;
• Earthquake;
• Flood;
g. Plans, blueprints and specifications; and
h. Demolition and increased cost of construction as required by law or
-7-
Page183
ordinance subject to applicable sub -limits.
There must be no coinsurance penalty provision in any such policy. All deductibles or self -
insured retentions must be the sole responsibility of DXE.
The policy must provide a "severability of interests provision," "multiple insured's clause"
or similar wording that the policy is to apply to each insured as if a separate policy had been issued
to each insured except as to limits.
DXE shall also require the general contractor and its subcontractors to procure and
maintain (and shall ensure that they do procure and maintain) coverage for tools and equipment
owned, leased or used by the general contractor or subcontractors in the performance of their work
under this contract.
Upon completion of construction of the Project and prior to commencing operations of the
Project within the Easement Area, DXE shall provide evidence of "all risk" property insurance
covering the Project/Improvements, with coverage sufficient to cover the probable maximum loss
of such improvements and alterations made by DXE pursuant to the terms hereof, which must
include "all risk" coverage using the ISO Causes of Loss - Special Form or (with approval from
City) its equivalent, as well as flood insurance, subject to applicable sub -limits for natural hazard
exposures based on the probable maximum loss of such improvements.
(c) Insurance During Operations. Upon the commencement of revenue
service operations, DXE shall procure and maintain, at its sole cost and expense, Commercial
General Liability (CGL) with a limit not less for personal injury, death, and property damage in
an amount not less than three hundred twenty-three million dollars ($323,000,000), or such other
limit of liability as Congress may establish from time to time applicable to DXE's passenger rail
operations. Such policy or policies must provide coverage to all Indemnified Parties as additional
insureds. All excess or umbrella policies must be "follow form" and afford no less coverage than
the primary policy and the policies up to three hundred twenty-three million dollars $323,000,000
must include one reinstatement limit for the period of the policy(ies) term.
(d) Self Insurance. The policy or policies under which coverage
required by this Agreement is provided may include a deductible or self -insured retention not in
cumulative excess of ten million dollars ($10,000,000) on the condition that:
(1) Each insurance policy expressly provides that the obligations of
the policy issuer to City as an additional insured are not to be diminished in any way by DXE's
failure to pay its deductible or self -insured retention obligation for any reason;
(2) DXE provides a declaration under penalty of perjury by a
Certified Public Accountant (CPA) acceptable to City and who shall apply a Fiduciary Standard
of Care, certifying the accountant has applied Generally Accepted Accounting Principles (GAAP)
guidelines confirming that DXE has sufficient funds and resources to cover any self -insured
retentions if the cumulative self -insured retentions from all required insured policies are in excess
of one million dollars ($1,000,000); and
Page184
(3) DXE promptly pays any and all amounts due under such
deductible or self -insured retention in lieu of insurance proceeds that would have been payable if
the insurance policies had not included a deductible or self -insured retention amount.
(e) Definition of "Self Insurance". As used in this Agreement, "self
insurance" means that DXE is itself acting as if it were the insurance company providing the
insurance required under the provisions of this Agreement.
(f) Evidence of Insurance. In accordance with the insurance
requirements above, DXE shall furnish evidence of insurance reasonably acceptable to City before
DXE enters the Easement Area, before commencing physical construction of the Project within
the Easement Area, and before the beginning of operations, as applicable. DXE shall provide City
with satisfactory evidence of renewal or replacement insurance no later than thirty (30) days after
the expiration or termination of such insurance. DXE shall submit full copies of the commercial
general liability policy, excess/umbrella liability policy, builder's risk policy, and the project -
specific professional liability policy or binders with full specimen copies of the forms for each
policy until such time as full copies of the policies are available. This requirement applies prior to
DXE starting work on the Project, including all subsequent renewal policies. Certificates of
insurance are required for all other lines of insurance. If, through no fault of DXE, any of the
coverage required becomes unavailable, DXE shall provide good faith alternative insurance
packages and programs, subject to prior approval by City, with the goal of reaching agreement on
a package providing coverage equivalent to that specified herein.
(g) Additional Insured Coverage. All policies, except those for
Workers' Compensation and Professional Liability insurance, must be endorsed by ISO Form CG
20 10 11 85, or if not available, then ISO Form CG 20 38, to name the Indemnified Parties as
additional insureds. With respect to general liability arising out of or connected with work or
operations performed by or on behalf of DXE under this Agreement, coverage for such additional
insureds must not extend to liability to the extent prohibited by section 11580.04 of the Insurance
Code. The additional insured endorsements must not limit the scope of coverage for City to
vicarious liability but shall allow coverage for City to the full extent provided by the policy.
(h) Waiver of Subrogation Rights. To the fullest extent permitted by
law, DXE hereby waives all rights of recovery under subrogation against the additional insureds
named herein, and any other tenant, contractor, subcontractor or sub -subcontractor performing
work or rendering services on behalf of City, in connection with the planning, development and
construction of the Project. To the fullest extent permitted by law, DXE shall require similar
written express waivers and insurance clauses from each of its subcontractors of every tier. DXE
shall require all of the policies and coverages required in this Section to waive all rights of
subrogation against the additional insureds (ISO Form CG 24 04 05 09). Such insurance and
coverages provided must not prohibit DXE from waiving the right of subrogation prior to a loss
or claim.
(i) Eligible Insurers. If policies are written by insurance carriers
authorized and admitted to do business in the state of California, then the insurance carriers must
have a current A.M. Best rating of A-VIII or better and if policies are written by insurance carriers
In
Page185
that are non -admitted but authorized to conduct business in the state of California, then they must
meet the current A.M. Best rating of A-:X or better, unless otherwise approved in writing by City.
DXE shall furnish to City, not less than fifteen (15) days before the date the insurance is first
required to be carried by DXE, and thereafter before the expiration of each policy, true and correct
certificates of insurance, using the appropriate ACORD form of certificate or its equivalent,
evidencing the coverages required under this Section, with a copy of each policy, if requested by
City. Such certificates must provide that should any policies described therein be cancelled before
the expiration date thereof, notice is to be delivered to the certificate holder by the insurer in
accordance with the policy provisions regarding same. Further, DXE agrees that the insurance
coverage required hereunder is not to be terminated or modified in any material way without thirty
(30) days advance written notice from DXE to City.
0) Cure. If DXE fails to procure and maintain insurance required under
this Agreement or fails to meet its obligations with respect to any deductible or self -insured
retention amount under this Agreement, subject to the provisions herein, City is entitled, after
thirty (30) days prior written notice to DXE of DXE's default hereunder and DXE's failure to cure
such default within said thirty (30) days, ten (10) days for non-payment, to require DXE to
immediately discontinue all construction activities related to the Project and immediately
discontinue operation of the Project until DXE has provided City reasonably satisfactory evidence
that the required insurance has been obtained and the other obligations of DXE under this Section
have been met. No cessation of construction or operations required by City under this Section
releases or relieves DXE of any of its other obligations under this Agreement.
-10-
Page186
EXHIBIT "F"
FORM OF AERIAL EASEMENT
[SEE ATTACHED]
EXHIBIT "F"
1 187
1123 1-0001\2708118v2.doc Page
RECORDING REQUEST BY,
AND WHEN RECORDED RETURN TO:
DesertXpress Enterprises, LLC
3920 W. Hacienda Ave.
Las Vegas, NV 89118
Attn: David Pickett, Esq.
With a copy to:
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
Attn: City Manager
San Bernardino County Transportation
Authority
1170 W. Third Street, 2nd Floor
San Bernardino, CA 92410
Attn: Director of Transit and Rail
SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY
Free Recording Requested per Government Code 27383.
EASEMENT FOR AERIAL PLATFORM
(Brightline West Platform)
THIS EASEMENT FOR AERIAL PLATFORM ("Agreement") is dated as of
20_ ("Effective Date") and is entered into by and between the CITY OF
RANCHO CUCAMONGA, a California municipal corporation ("City") and SAN
BERNARDINO COUNTY TRANSPORTATION AUTHORITY, a California municipal
corporation ("SBCTA") (City and SBCTA, collectively, "Grantor"), and DESERTXPRESS
ENTERPRISES, LLC, a Nevada limited liability company d/b/a Brightline West and qualified to
do business in California ("Grantee"). City, SBCTA and Grantee are sometimes hereinafter
referred to individually as "Party" and collectively as the "Parties." Decisions of Grantor under
this Agreement shall require the joint consent or approval of both SBCTA and City, with the
manner of providing such consent or approval determined by each agency.
RECITALS
A. Grantee plans to construct a high-speed passenger rail system from Las Vegas,
Nevada to Rancho Cucamonga, California ("HSR System"). One portion of this system will
include an elevated track and passenger platform structure within a portion of property jointly
owned by SBCTA and the City that is improved with parking and transit improvements, said
property being more particularly described on Exhibit A attached hereto and made a part hereof
("Grantor's Property").
4858-4166-4037.20
378683.00002/9-21-22/eeo/mrf 1
Page188
B. Grantee desires that it be granted an aerial easement for the elevated track and
platform structure for passenger rail (the "Elevated Structure") over the portion of the Grantor's
Property legally described and depicted in Exhibit B attached hereto and made a part hereof (the
"Aerial Easement Area"), and a surface and subsurface easement for the columns supporting the
Elevated Structure (collectively, the "Columns" and, together with the Elevated Structure, the
"Improvements") on, over, under, through, above and across the portions of the Grantor's
Property legally described and depicted in Exhibit C attached hereto and made a part hereof
(collectively, the "Ground Easement Area", and with the Aerial Easement Area, hereinafter
collectively referred to as the "Easement Area").
C. Grantor's public purposes in entering into this Agreement include facilitating the
development of transportation that will benefit the public, providing employment opportunities
resulting from the work to be performed by Grantee and the operation of a high-speed rail project,
and obtaining fair market compensation for the easement interest granted herein (and such
compensation shall become part of the general funds of the City, in part, and SBCTA, in part, and
in turn used for public purposes).
D. Any elevation described in this Agreement is given in [NAVD 88] datum.
AGREEMENT
1. Grant of Easement; Term; Consideration.
(a) Exclusive Easement for Improvements. Subject to the terms and conditions
of this Agreement, Grantor does hereby grant, bargain, sell and convey to Grantee, its successors
and assigns, the following: (i) an exclusive, permanent aerial easement for the purpose of
constructing, installing, inspecting, maintaining, repairing, replacing, removing, using and
operating the Elevated Structure over the portion of the Grantor's Property within the Aerial
Easement Area (the "Aerial Easement"); and (ii) a permanent exclusive easement on, over, under,
above, through and across the Ground Easement Area for the purpose of constructing, installing,
inspecting, maintaining, repairing, replacing, and removing the Columns supporting the Elevated
Structure (collectively, the "Ground Easement", and with the Aerial Easement, hereinafter
collectively referred to as the "Easements").
(b) Non -Exclusive Access Easement. In addition, the Grantor hereby grants to
Grantee, its contractors, subcontractors, agents, employees, lessees, licensees, successors and
assigns, a permanent and non-exclusive easement for vehicular and pedestrian ingress, egress and
access on, over, across and upon the Grantor's Property, as the same may be developed and
redeveloped from time to time provided that in all events access to the Easement Area is provided,
as reasonably necessary for the purpose of performing such inspection and minor maintenance and
repair of the Improvements. For purposes of this Section I(b), minor maintenance and repair of
Improvements involves any maintenance and repair work that does not require the closure of any
parking spaces or materially impact Grantor's access through Grantor's Property.
(c) Access for Construction and Installation. Any access to Grantor's Property
for the initial construction and installation of the Improvements within the Easement Area shall be
pursuant to the temporary construction easement provided for in the Disposition and Development
4858-4166-4037.20
378683.00002/9-21-22/eeo/mrf 2
Page189
Agreement between Grantor and Grantee and dated October 5, 2022 ("DDA"). Any additional
construction or installations shall be covered by Section 1(e) below and shall require the consent
of Grantor. Grantee acknowledges and agrees that it is not permitted to construct or install any
improvements outside the Easement Area.
(d) Access for Major Maintenance and Repair. Except for minor maintenance
and repair covered by Section 1(b) above, any access to Grantor's Property for maintenance and
repair shall require the prior written approval of Grantor, not to be unreasonably withheld,
conditioned or delayed, and which request shall be reviewed and granted or denied
administratively within ten (10) business days of the written request, and Grantor shall endeavor
to deliver approval of such request within five (5) business days when possible. Grantee shall
tailor its request for access so that it does not unreasonably interfere with Grantor's rights to or use
of Grantor's Property. Any such access must be consistent with the safety protocols described in
Section 12.
(e) Access for Replacement and Removal. Any access to Grantor's Property
for construction, installation, replacement or removal of the Improvements after initial
construction and installation under Section 1(b) above shall require an encroachment agreement
or other temporary construction easement from Grantor, not to be unreasonably withheld,
conditioned, or delayed.
(f) Adjustments to Easement Area. Construction of the Improvements must be
within the boundaries of the Easement Area, however, the Parties acknowledge that final design
and construction of the Elevated Structure and Columns may require a non -material adjustment of
the description of the Easement Area; provided, however, Grantor and Grantee shall coordinate
the location of the Columns in final design and construction so as to maximize Grantor's ability to
use the surface area below the Aerial Easement Area for parking, pedestrian access, and any legally
permitted purposes that does not materially interfere with the Easements granted herein. Upon
completion of the construction of the Elevated Structure and Columns, Grantee shall provide an
as -built survey to Grantor, and Grantor and Grantee agree to amend this Agreement (which
amendment shall be recorded) to replace (but not materially enlarge) the descriptions of the
applicable Easement Area attached to this Agreement with the descriptions for the same as set
forth in the as -built survey by mutually executing and recording such amendment in the Official
Records of the County of San Bernardino. In connection with the foregoing, the Parties
acknowledge and Grantee agrees that the area below the Aerial Easement Area, excluding the
Ground Easement Area, is retained by the Grantor and may continue to be used by the public for
transportation and related purposes as well as supporting and ancillary purposes and uses (which
may include without limitation parking) or any other valid legal use, provided such other use does
not unreasonably interfere with Grantee's use of the Ground Easement Area for the purposes set
forth in this Agreement.
2. Compensation. As a condition precedent to Grantee's occupancy or use of the
Easement Area, Grantee will pay to Grantor the one-time sum equal to the fair market value of the
easement interest and rights described herein, as determined by an appraisal obtained by Grantor,
with one half of such sum payable directly to SBCTA and the other half payable directly to City.
4858-4166-4037.20
378683.00002/9-21-22/eeo/mrf 3
Page190
3. AS -IS. Grantee accepts the condition of the Grantor's Property, including without
limitation the Easement Area, in its current "AS -IS," "WHERE IS" and "WITH ALL FAULTS"
condition, without representation or warranty, express or implied, and subject to all existing
matters of record and all matters that would be revealed by a diligent inspection of the Easement
Area. Grantee agrees that its rights and remedies under this Agreement, including the Easement
as well as its rights and interests in the Easement Area, including with respect to the installation,
maintenance, and operation of the Improvements, are subject and subordinate to any (and all)
existing easement(s), covenant(s), condition(s), restriction(s), reservations, rights of way, liens,
encumbrances, and other matters of record on, under, affecting or relating to the Easement Area.
Grantee also acknowledges that Grantor makes no representations, express or implied, as to the
legal compliance, including compliance with laws governing Hazardous Materials (defined below)
and other environmental laws, the physical condition, including the environmental condition, of
or title to the Easement Area. This Agreement does not constitute, nor grant permission to use or
occupy property, including property rights or interests, not belonging to, in the possession of or
under the control of Grantor, and permission to use or occupy such property must be obtained from
every owner, holder, user, possessor and controller of such property, separate from and in addition
to this Agreement.
4. Authorized Improvements. The rights of Grantee to install, maintain, and operate
the Improvements are subject to the terms of this Agreement, including Grantor's right to review
and approve any and all Improvement plan(s), in its proprietary capacity as outlined below, as well
as any applicable laws and license, permitting and approval requirements and conditions (and
Grantor does not waive or release, and shall continue to have, any and all of its right(s) or power(s)
in its governmental capacity in that regard to the extent applicable). In addition, any review and/or
approval of any or all of such Improvement plan(s) by Grantor in its proprietary capacity as
property owner prior to construction of the Improvements (i) shall not be deemed to be a review
of any plans, drawings or specifications from an engineering or technical standpoint, (ii) may not
be relied upon by Grantee (other than for the purpose of indicating that such review and approval
occurred) and (iii) does not release, relieve or waive any obligation, liability or duty of Grantee or
any right or remedy of Grantor (other than relating to whether the review and/or approval, as
applicable, has occurred). Grantor's review shall be to determine that there is no material
interference with Grantor's rights to and use of Grantor's Property and not to review the HSR
System.
5. Standards for Rail Facilities. Grantor acknowledges that standards promulgated
by and decisions issued by the Federal Railroad Administration ("FRA") and Surface
Transportation Board ("STB") govern the design, construction, operation, and maintenance of
railroad facilities within their jurisdiction and that such regulations, standards, and decisions might
as a matter of law preempt and supersede requirements that may otherwise apply under state or
local laws. Grantor acknowledges that it is not a regulatory agency under federal law or with
respect to California utilities regulated by the California Public Utilities Commission, and the
Parties agree that Grantor will have no liability for not inspecting or any failure to inspect rail
facilities or operations on the Easement Area for purposes of enforcing compliance with laws and
regulations within the jurisdiction of the STB, the FRA, or the California Public Utilities
Commission. Notwithstanding this Section 5, Grantor reserves and does not waive or release any
(or all) of its governmental right(s) and power(s), and Grantee acknowledges that Grantor is
entering into this Agreement solely in its proprietary capacity.
4858-4166-4037.20
378683.00002/9-21-22/eeo/mrf 4
Page191
6. Repair of Damaze.
(a) Damage to Public Improvements. Grantee shall promptly notify Grantor in
writing if it becomes aware of any damage to or destruction of Public Improvements (as defined
below). Whether or not Grantee notifies Grantor, if any damage is caused to Public Improvements
directly or indirectly by Grantee (including, without limitation, Grantee's officers, directors,
agents, representatives, employees, partners, managers, contractors, or subcontractors (collectively
"Grantee Parties")) such repair work may be conducted by Grantor at Grantee's sole cost and
expense or, if so authorized in writing by Grantor, may be repaired by Grantee at Grantee's sole
cost and expense (whereupon Grantee shall promptly coordinate with Grantor on any necessary
closures, and promptly perform the repairs). Grantee acknowledges and agrees that the foregoing
terms of this Agreement, including their operation, will not waive, relieve or release Grantee from
liability for damage or destruction, including any claim, demand, loss, liability, damage, cost or
expense, including attorneys' fees, incurred or suffered by Grantor or others, including damage to
any property or injury to, including death of, any person, arising out of, resulting from or related
to such damage or destruction caused directly or indirectly by Grantee or the Grantee Parties.
(b) If Grantor elects to perform repair work for which Grantee has some or all
responsibility, Grantee shall reimburse Grantor for its share of the reasonable costs of the repair
work within thirty (30) days after delivery of a statement from Grantor describing the costs,
including a statement detailing such costs and expenses. In the event payment in full is not made
within said thirty (30) day period, the outstanding balance shall accrue interest at the maximum
legal rate or a rate of twelve percent (12%) per annum, whichever is less, compounding monthly
from the end of said thirty (30) day period until paid to cover administrative and other costs and
expenses.
7. Encumbrance. Grantee may, at any time and from time to time, encumber to any
bank, insurance company or other institutional lender, herein called "Mortgagee," by one or more
deeds of trust (the "Security Instrument"), all of Grantee's easement interest under this
Agreement, provided that (i) such Security Instrument is subject and subordinate to this Agreement
and all other interests of the Grantor hereunder, (ii) such Security Instrument shall not constitute
in any way a lien or encumbrance on Grantor's rights or interests, and (iii) the Security Instrument
shall not encumber any obligations that do not relate to the HSR System. No Mortgagee shall be
liable to Grantor as the successor to the rights and obligations of Grantee under this Agreement
unless and until such Mortgagee acquires the easement interest hereunder through foreclosure or
other proceedings in the nature of foreclosure or as a result of an assignment in lieu of foreclosure
or other assignment, action or remedy, nor shall a Mortgagee be liable for any defaults that occur
after it conveys the easement interest hereunder.
8. Ownership of Improvements. The Improvements shall be owned by Grantee
during the duration of this Agreement. Upon the termination of this Agreement by Grantor
pursuant to (and subject to) Section 14, or otherwise by Grantee, the Improvements shall become
the sole property of Grantor without compensation to Grantee or any Mortgagee, or, if Grantor so
elects and upon written notice to Grantee within ninety (90) days of termination, shall be
demolished and removed by Grantee from the Easement Area at Grantee's sole expense within
twelve (12) months from the date of said notice (subject to extension for Force Majeure Events or
by written agreement of the Parties), and the foregoing (and defense and indemnity obligations of
4858-4166-4037.20
378683.00002/9-21-22/eeo/mrf 5
Page192
Grantee under this Agreement) shall survive the termination of this Agreement. Nothing herein
affects Grantor's rights or remedies as a governmental entity, such as the right to cause Grantee to
abate a nuisance, and in connection therewith, remove Improvements (if Grantor has such a right
as a governmental entity under applicable law). Except as expressly limited by the terms of this
Agreement, including, but not limited to, Section 14 of this Agreement, in the event of a breach,
default or failure of performance by Grantee, Grantor shall have such rights and remedies as are
provided under applicable law or in equity, including the right or remedy of declaratory relief,
specific performance, injunction and restitution. For the avoidance of doubt, Grantor
acknowledges and agrees that the construction and operation of the HSR System in accordance
with this Agreement and applicable law and in a commercially reasonable manner is not a
nuisance.
9. Waiver and Release. Grantee expressly waives, releases and relinquishes (a) any
and all claims, causes of action, rights and remedies Grantee may now or hereafter have against
Grantor, and its officials, officers, employees, consultants, contractors, attorneys and agents
(collectively, "Grantor Entities"), whether known or unknown for all events and circumstances
arising prior to the date of this Agreement, with respect to liability for any (and all) claim(s),
demand(s), loss(es), liability(ies), damage(s), cost(s) and expense(s), including damage to or loss,
upon, above, beneath, or across the Easement Area or adjacent property owned by Grantor or either
of them, unless and except to the extent such damage or loss is caused by the gross negligence or
willful misconduct of Grantor Entities, and (b) all claims of contribution and reimbursement for
costs of remediating Hazardous Materials (defined in Section 15 below) released or existing prior
to the date of this Agreement in, on or near the Easement Area.
GRANTEE HEREBY ACKNOWLEDGES THAT IT HAS READ AND IS FAMILIAR
WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542 ("SECTION
1542"), WHICH IS SET FORTH BELOW:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
THAT THE CREDITOR OR RELEASING PARTY DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT
THE TIME OF EXECUTING THE RELEASE AND THAT, IF
KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR
OR RELEASED PARTY."
BY INITIALING BELOW, GRANTEE HEREBY WAIVES THE PROVISIONS OF
SECTION 1542 IN CONNECTION WITH THE MATTERS WHICH ARE THE SUBJECT OF
THE FOREGOING WAIVERS AND RELEASES:
Grantee's Initials
The waivers and releases by Grantee contained in this Agreement shall survive the
termination of this Agreement and shall be binding upon the assignees, transferees, and successors -
in -interest of Grantee.
4858-4166-4037.20
378683.00002/9-21-22/eeo/mrf 6
Page193
10. Grantor's Access. Grantee acknowledges that the Grantor's Property, including
without limitation the Easement Area, may contain certain Grantor -owned facilities, whether
public, enterprise, proprietary or otherwise as well as publicly and/or privately owned utilities,
including, without limitation, storm drains, water, sewer, gas, electrical, cable television, fiber
optics and appurtenant facilities, hereinafter referred to collectively as "Public Improvements".
Except for access to the Improvements, which access is covered in the following sentence, Grantor
and utility providers shall have access at any time, from time to time and without notice or liability
to the Easement Area. Except in the event of an emergency, in which event telephonic notice as
soon as practical is acceptable in lieu of advance written approval, if Grantor (being either or both
SBCTA and City, as the case may be) desires access to the Improvements, Grantor shall request
Grantee's prior written approval, not to be unreasonably withheld, conditioned or delayed, and
which request shall be reviewed and granted or denied within ten (10) business days of the written
request, and Grantee shall endeavor to deliver approval of such request within five (5) business
days when possible. Grantor shall tailor its request for access so that it does not unreasonably
interfere with Grantee's rights to or use of the Easement Area. Any such access must be consistent
with the safety protocols described in Section 12 and Grantee shall cooperate with Grantor to
determine how to safely provide access to the Easement Area for purposes of the work to be
performed. Grantee shall have the right, but not the obligation, to add appropriate signage to the
Improvements, including, without limitation, signs prohibiting access and requiring advance
notice and permission prior to entry. Under no circumstances shall Grantor be liable in damages
to Grantee, or to any successor, assign, assignee or Mortgagee, including any successor in interest,
for Grantor's failure to request or obtain Grantee's permission, and Grantee covenants on behalf
of itself and its successors and assigns, including successors in interest and any Mortgagee, not to
sue for or claim damages against Grantor as a result of Grantor's breach of the notice requirements
in this Section 10.
11. Coordination of Grantor Construction Activities. If Grantor (being either or
both SBCTA and City, as the case may be) desires to (i) do any digging or trenching on its property
within twenty-five (25) feet of any of Grantee's Columns or below the Improvements (other than
minor digging for sprinklers, sign posts, or similar non -substantive digging), or (ii) operate a crane
or other equipment in a location and/or configuration which is capable of extending into or above
the Aerial Easement Area or within twenty-five (25) horizontal feet of such Aerial Easement Area,
then the Grantor shall give Grantee notice of such intent no later than forty-five (45) days before
such work is to commence, and Grantee shall have fifteen (15) days in which to review and
comment on the intended work. Grantor shall reasonably consider Grantee's concerns, but Grantor
shall not be prevented from operation, use, or construction on Grantor's Property, so long as
Grantor complies with all applicable standards, laws, regulations, and policies in order to
reasonably safeguard the Improvements and rail operations.
12. Safety Protocols. Grantee and Grantor will comply in good faith with all written
safety procedures and protocols mutually developed by the Parties, as the same may be amended
by the Parties in writing from time to time, and in all events to be prepared prior to the start of
construction and rail operations. The Parties acknowledge that additional agencies, including the
Federal Railroad Administration and emergency responders, will participate in the development
of safety protocols and procedures.
4858-4166-4037.20
378683.00002/9-21-22/eeo/mrf 7
Page194
13. Utilities. As between Grantee and Grantor, any required relocation of a utility that
interferes with Grantee's project within the Easement Area is the sole responsibility of Grantee.
Upon written request by Grantee, Grantor will provide utility contact information known to
Grantor and make its right-of-way utility staff, if any, reasonably available on a reimbursable basis
and Grantee shall pay or reimburse Grantor (within thirty (30) days after delivery (including
deemed receipt pursuant to Section 21(a) below) of written demand) for said reasonable cost(s)
and expense(s) incurred by Grantor. Grantee shall also be subject to the interest upon late
payments as described in Section 6.
14. Termination. In the event (i) Grantee fails to commence construction of either the
Improvements within the Easement Area or the adjacent train station within three (3) years of the
Effective Date (as will be extended by Grantor if Grantee has made material progress toward
meeting the requirements to commence construction), (ii) Grantee fails to complete construction
within seven (7) years of the Effective Date (subject to a Force Majeure Event or any extension by
written agreement of the Parties) or (iii) if, after commencement or re -commencement of passenger
rail service, Grantee fails to actively operate the Improvements for a period of eighteen (18)
consecutive months (any period of non -operation due to construction or maintenance work which
Grantee is performing with reasonable diligence, or subject to a Force Majeure Event or any
extension by written agreement of the Parties is deemed to be operating for the purposes of this
item iii) ("Abandonment"), Grantor may, subject to Section 14(a) below, after thirty (30) days
written notice to Grantee, deem the Easements abandoned and terminate this Agreement; provided,
however, Grantor may not terminate this Agreement if Grantee cures the Abandonment by
resuming daily passenger rail service within the Easements within the thirty (30) day period after
written notice by Grantor. Additionally, Grantor may terminate this Agreement if Grantee fails to
comply with this Agreement and then fails to cure such default within thirty (30) days after written
notice from Grantor, and then continues to fail to cure such default within five (5) business days
following a second written notice from the Grantor sent after the initial 30-day period, with each
such notice stating in all capital and bolded letters of at least 12 point font: "FAILURE TO CURE
SHALL RESULT IN TERMINATION"; provided, however, the Grantor may not terminate this
Agreement if Grantee commences to cure the default during the applicable cure period after written
notice by the Grantor and thereafter diligently prosecutes the cure to completion.
(a) Right of Mortgagee to Cure Defaults. Provided that Mortgagee or Grantee
has provided Grantor in writing the address for sending notices to the Mortgagee and satisfactory
documentation of its status as a Mortgagee, each Mortgagee who has been so identified to the
Grantor as a Mortgagee will have the same period, commencing upon written notice to each such
Mortgagee of such default, to remedy or cause to be remedied the default complained of as Grantee
has hereunder to cure such default, plus an additional ninety (90) days in the case of any other
default which is capable of being cured by the Mortgagee (and such ninety (90) day period, upon
written notice provided to Grantor within said ninety (90) day period, will be extended for a
reasonable period of time to gain possession of the interest of Grantee under the Agreement
through legal proceedings if necessary to cure such default, provided the Mortgagee commences
the proceedings within one hundred eighty (180) days after the initial written notice by Grantor
and thereafter diligently prosecutes such proceedings) which period will be extended as necessary
for a Mortgagee to obtain relief from any stay in a bankruptcy proceeding in which Grantee is a
debtor, provided the Mortgagee is diligently prosecuting such relief and has assumed the
obligations of this Agreement in writing (and such written assumption shall have been delivered
4858-4166-4037.20
378683.00002/9-21-22/eeo/mrf 8
Page195
to Grantor), and Grantor will accept performance by such Mortgagee within the time specified
herein as timely performance by Grantee; provided, however, that (i) nothing contained herein will
be deemed to impose upon any Mortgagee the obligation to perform any obligation of Grantee
under this Agreement or to remedy any default by Grantee hereunder, and (ii) in the event that the
Mortgagee or a third party succeeds to Grantee's interest under this Agreement pursuant to
foreclosure of the Security Agreement, exercise of a power of sale thereunder or a deed in lieu
thereof, Grantor waives, as against the Mortgagee or such third party, any default by Grantee that
is not susceptible to cure by said Mortgagee or third parry due to the default being personal to
Grantee, including without limitation and as an example only, an obligation of Grantee to provide
a financial statement. For avoidance of doubt, any default that can be cured with the payment of
money is susceptible to cure. Any provision of this Agreement to the contrary notwithstanding,
no performance by or on behalf of a Mortgagee will cause it to become a "mortgagee in
possession" or otherwise cause it to be deemed to be in possession of the Property or bound by or
liable under this Agreement, unless the Mortgagee is actually in possession of the Property. In
addition, the Parties agree that if there is more than one (1) Mortgagee (or collateral assignee),
then all cure periods provided in this paragraph will run concurrently. Upon the full and timely
performance by Mortgagee of the obligation or obligations the nonperformance of which was the
subject of the notice of default given to Mortgagee pursuant to this Section, such default shall be
deemed cured and shall no longer give rise to any rights and remedies of Grantor; provided,
however, that Mortgagee's cure of any default under this Agreement by Grantee shall not excuse
or waive any future default under this Agreement by Grantee or preclude or limit the exercise of
any rights or remedies afforded Grantor under this Agreement as a result of such future default.
Notwithstanding any provision to the contrary contained elsewhere in this Agreement, Grantor
will not have the right to terminate this Agreement or re-enter the Property by reason of a default
by Grantee that is reasonably susceptible of cure by Mortgagee, during the period specified in this
Section 14 in which a Mortgagee is entitled to cure a default by Grantee.
(b) In each instance of a default, Grantor may in its reasonable discretion
determine that no party with a right to cure is diligently prosecuting a cure to completion; provided,
however, that where cure of the subject default has not been completed within three hundred (300)
days of Grantor's first notice to Grantee to cure said default, such a determination shall be deemed
reasonable under this Agreement. Should Grantor reasonably determine that no party is diligently
prosecuting a cure to completion, subject to the prior sentence, then all cure periods for the default
subject to Grantor's determination shall be deemed to have run their course and Grantor has the
right to immediately terminate this Agreement.
15. Hazardous Materials.
(a) Grantee covenants that it will not handle or transport Hazardous Materials
in the Easement Area except for removal, transportation and disposal in compliance with laws
regarding excavated soils which are or may be contaminated with Hazardous Materials. As used
in this Agreement, the term "Hazardous Materials" means: (a) any substance, products, waste, or
other material of any nature whatsoever which is or becomes listed, regulated, or addressed
pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA), 42 United States Code Section 9601 et seq.; the Resources Conservation and
Recovery Act, 42 United States Code Section 6901 et seq.; the Hazardous Materials Transportation
Conservation and Recovery Act, 42 United States Code Section 1801 et seq.; the Clean Water Act,
4858-4166-4037.20
378683.00002/9-21-22/eeo/mrf 9
Page196
33 United States Code Section 1251 et seq.; the Toxic Substances Control Act, 15 United States
Code Section 2601 et seq.; the California Hazardous Waste Control Act, Health and Safety Code
Section 25100 et seq.; the Hazardous Substance Account Act, Health and Safety Code Section
25330 et seq.; the California Safe Drinking Water and Toxic Enforcement Act, Health and Safety
Code Section 25249.5 et seq.; California Health and Safety Code Section 25280 et seq.
(Underground Storage of Hazardous Substances); the California Hazardous Waste Management
Act, Health and Safety Code Section 25170.1 et seq.; California Health and Safety Code Section
25501 et seq. (Hazardous Materials Release Response Plans and Inventory); or the California
Porter -Cologne Water Quality Control Act, Water Code Section 13000 et seq., all as amended (the
above cited California state statutes are hereinafter collectively referred to as "the State Toxic
Substances Law"); or any other federal, state, or local statute, law, ordinance, resolution, code,
rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct
concerning any Hazardous Substance, now or at any time hereinafter in effect; (b) any substance,
product, waste or other material of any nature whatsoever which may give rise to liability under
any of the above statutes or under any statutory or common law theory based on negligence,
trespass, intentional tort, nuisance or strict liability or under any reported decisions of a state or
federal court; (c) petroleum or crude oil, other than petroleum and petroleum products which are
contained within regularly operated motor vehicles or passenger trains; and (d) asbestos.
Notwithstanding the foregoing, Grantee may handle and transport Hazardous Materials normally
and customarily used in the development, construction and operation of railroad infrastructure,
including passenger stations, that are used, stored, transported and disposed of in accordance with
all applicable laws, building codes, regulations, ordinances, rules, directives, covenants, or
restrictions of record. As an example only, train infrastructure typically entails refueling
maintenance vehicles or using cleaning supplies for routine maintenance.
(b) Grantee further agrees that, at Grantor's request, it will furnish Grantor with
proof, satisfactory to Grantor, that Grantee is in compliance with all such laws, rules, regulations,
orders, decisions and ordinances regarding Hazardous Materials.
(c) Notwithstanding anything else contained in this Agreement, Grantee shall
indemnify, defend and hold harmless Grantor Entities from and against any and all claims,
demands, liabilities, losses, damages, costs and expenses arising out of, resulting from or relating
to injuries to any person, including wrongful death, or damage to property, including without
limitation, property of Grantor and Grantee, or otherwise (including without limitation reasonable
attorneys' fees, investigators' fees, litigation expenses, and mitigation costs) resulting in whole or
in part from Grantee's acts or omissions with respect to Hazardous Materials; provided, however,
that the foregoing shall not apply to the extent which a release of Hazardous Materials is the result
of Grantor Entities' negligence or willful misconduct following the Effective Date. Grantee agrees
to reimburse Grantor for all reasonable costs of any kind incurred as a result of the Grantee's
failure to comply with this Section, including, but not limited to, judicial or administrative fines,
penalties, clean-up and disposal costs, and legal costs incurred as a result of Grantee's handling,
transporting, or disposing of Hazardous Materials on, over, or across the Improvements and or
adjacent property.
(d) Grantor shall have the right at any time to inspect the Improvements and
Public Improvements in order to monitor Grantee's compliance with this Agreement, subject to
the provisions of Section 10 above.
4858-4166-4037.20
378683.00002/9-21-22/eeo/mrf 10
Page197
16. Insurance. Grantee shall obtain and maintain insurance, at its sole cost and
expense, as required in Exhibit "D" attached hereto.
17. Indemnity. Grantee shall defend, indemnify and hold Grantor Entities free and
harmless of, from and against any and all claims, demands, causes of action, costs, liabilities,
expenses, losses, damages or injuries of any kind, including attorneys' fees and costs, in any
manner arising out of, resulting from or relating to any acts, omissions or willful misconduct of or
by Grantee or the Grantee Parties in performance of this Agreement, breach, default or failure of
performance of this Agreement, including failure of timely performance, use of the Easement Area
or the construction, use, or operation of the Improvements or the failure to comply with law,
including the failure to comply (or failure of its contractors to comply) with California Labor Code
Section 1720 et seq., including without limitation Labor Code Section 1781, which are (a) suffered
or incurred by or alleged against Grantor, Grantor Entities and/or any of the Grantee Parties, in
law or equity, and/or (b) to persons or property, including death. Grantee shall further defend,
indemnify and hold harmless Grantor Entities from any and all claims, demands, lawsuits, writs
of mandamus, and other actions or proceedings brought against the Grantor Entities to challenge,
attack, seek to modify, set aside, void or annul any Grantor decision made in connection with this
Agreement or Grantee's use of the Easement Area (based on noncompliance with the California
Environmental Quality Act or otherwise). Grantee shall defend, with counsel reasonably
acceptable to Grantor and at Grantee's sole expense, any and all aforesaid suits, actions or
proceedings, legal or affirmative, which may be brought or instituted against any Grantor Entities.
Grantee shall pay and satisfy any judgment, award or decree that may be rendered against any
Grantor Entities. Grantee shall reimburse such parties for any and all legal expenses and costs
incurred by one or more of them in connection with this Agreement or the indemnity and/or related
rights, remedies and other protections herein provided. Grantee's obligations hereunder shall
survive termination or expiration of this Agreement, and shall not be restricted to insurance
proceeds, if any, received by Grantor Entities.
18. Covenant Running With Land. This Agreement shall be deemed a covenant
running with the land with respect to the Easement Area, burdening the Easement Area and
benefitting the real property interests associated with the HSR System. All of the covenants,
obligations, and provisions of this Agreement shall be binding upon and inure to the benefit of
successors, legal representatives, assigns and successors -in -interest to the Parties. Every person
who now or hereafter owns or acquires any right, title, or interest in and to any portion of the
Easement Area shall be conclusively deemed to have notice of this Agreement, whether or not
reference to this Agreement is contained in the instrument by which such person acquires an
interest in the Easement Area. Therefore, each and every contract, deed or other instrument
hereinafter executed, covering or conveying the Easement Area or any portion thereof or interest
therein shall conclusively be deemed to have been executed, delivered and accepted subject to this
Agreement.
19. Estoppel Certificates. Each of the Parties hereto agrees, promptly following a
request from the other Party hereto, to furnish from time to time in writing certificates containing
truthful estoppel information and/or confirmations of the agreements, obligations and easements
contained in this Agreement, or otherwise appurtenant to this Agreement, in a form and substance
reasonably satisfactory to the Party from whom such certificate is sought.
4858-4166-4037.20
378683.00002/9-21-22/eeo/mrf 11
Page198
20. Attorneys' Fees. In the event either Party brings a suit, action, or other proceeding
against the other Party that in any way relates to or arises out of this Agreement, each Party shall
bear its own legal costs and expenses.
21. Miscellaneous.
(a) Notices. All notices permitted or required under this Agreement shall be
given to the respective Parties at the following address, or at such other address as the respective
Parties may provide in writing for this purpose:
Grantee: DesertXpress Enterprises, LLC
3920 W. Hacienda Ave.
Las Vegas, NV 89118
Attn: Legal Department
City: City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
Attn: City Manager
SBCTA San Bernardino County Transportation Authority
1170 W. Third Street, 2nd Floor
San Bernardino, CA 92410
Attn: Director of Transit and Rail
Such notice shall be deemed made when delivered by certified mail, return receipt requested, or
by reputable overnight messenger delivery service, and addressed to the Party at its applicable
address and shall be deemed delivered on the date of delivery or refusal to accept or inability to
effect delivery shown on the return receipt, or one (1) business day after delivery to the messenger
service for overnight delivery, as applicable.
(b) Entire Understanding. This Agreement constitutes the entire understanding
between the Parties, and supersedes all offers, negotiations, and other agreements concerning the
subject matter contained herein.
(c) Invalidily. If any provision of this Agreement is invalid or unenforceable
with respect to any Party, the remainder of this Agreement or the application of such provision to
persons other than those as to whom it is held invalid or unenforceable, shall not be affected and
each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by
law.
(d) Successors and Assigns. This Agreement shall be binding on and inure to
the benefit of the successors of the respective Parties. Except as set forth in Section 7 above, this
Agreement may not be assigned by either Parry without the prior written consent of the other Party.
(e) Governing Law. Except on subjects preempted by federal law, this
Agreement will be governed by and construed in accordance with the laws of the State of
California. Nothing herein is meant to be or will be interpreted to be a waiver of principles of
4858-4166-4037.20
378683.00002/9-21-22/eeo/mrf 12
Page199
legal preemption or preclusion that may apply to Grantee because of its status as a common carrier
regulated by the federal government.
(f) Venue. Venue for any legal action between the Parties related to this
Agreement will be in the Superior Court of San Bernardino County, California or the United States
District Court, Central District Court of California. The judgment in any such action may be
enforced by any court of competent jurisdiction wherever located.
(g) Exhibits. All exhibits attached hereto form material parts of this
Agreement.
(h) Time of Essence. Time is of the essence of every provision hereof in which
time is a factor.
(i) Survival. All defense, indemnity, and payment obligations of Grantee that
arise or relate to events occurring prior to the termination of this Agreement shall survive such
termination.
0) Force Majeure. Notwithstanding anything to the contrary contained in this
Agreement, should any fire or other casualty, act of nature, earthquake, flood, hurricane (or tropical
cyclone), lightning, tornado, epidemic, landslide, war, terrorism, riot, civil commotion, general
unavailability of materials, strike, slowdown, labor dispute, governmental laws or regulations, or
other occurrence beyond Grantee's or Grantor's control prevent performance of this Agreement in
accordance with its provisions, provided that such event does not arise by reason of the negligence
or misconduct of the performing Party, (a "Force Majeure Event") then performance of this
Agreement by either Party will be suspended or excused to the extent and for a period
commensurate with such occurrence.
22. Property Taxes, Including Possessory Interest Taxes. This Agreement creates
a possessory interest that may be subject to possessory interest tax (a type of California property
tax), and Grantee shall pay any such possessory interest taxes that may be assessed. If the
Improvements are taxed as an improvement on the Easement Area, Grantee shall, upon demand,
pay such taxes allocable to the Improvements, as determined by the taxing authority. Grantor shall
reasonably cooperate and assist Grantee, at no costs to Grantor, in efforts to obtain a separate
assessment for the Improvements, including executing any reasonably required applications or
reasonable documents. Grantee shall pay when due all personal property taxes levied against or
relating to the Improvements.
[Signature Page Follows]
4858-4166-4037.20
378683.00002/9-21-22/eeo/mrf
13
Page 200
The Parties have executed this Agreement as of the date first written above.
CITY:
CITY OF RANCHO
CUCAMONGA,
a California municipal
corporation
By:
L. Dennis Michael
Mayor
City of Rancho Cucamonga
ATTEST:
Janice C. Reynolds
City Clerk
City of Rancho Cucamonga
SBCTA:
SAN BERNARDINO
COUNTY
TRANSPORTATION
AUTHORITY,
a California county
transportation authority
By:
Art Bishop
Board President
San Bernardino County
Transportation Authority
Grantee:
DESERTXPRESS
ENTERPRISES, LLC,
a Nevada limited liability
corporation
By:
Sara Watterson
President
DesertXpress Enterprises, LLC
APPROVED AS TO FORM APPROVED AS TO FORM APPROVED AS TO FORM
By:
Nicholas R. Ghirelli,
City Attorney
Richards, Watson & Gershon
By:
Julianna K. Tillquist
General Counsel
San Bernardino County
Transportation Authority
By:
David Pickett
Associate General Counsel
DesertXpress Enterprises, LLC
4858-4166-4037.20
378683.00002/9-21-22/eeo/mrf
14
Page 201
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
County of
On , before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
4858-4166-4037.20
378683.00002/9-21-22/eeo/mrf -15-
Page 202
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
County of
On , before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
4858-4166-4037.20
378683.00002/9-21-22/eeo/mrf -16-
Page 203
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
County of
On , before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
4858-4166-4037.20
378683.00002/9-21-22/eeo/mrf -1 %-
Page 204
EXHIBIT "A"
DESCRIPTION OF GRANTOR'S PROPERTY
[SEE ATTACHED]
4858-4166-4037.20 EXHIBIT "A"
378683.00002/9-21-22/eeo/mrf -I-
Page 205
EXHIBIT `A'
Legal Description
APN: 0209-272-11 & 0209-272-22
That portion of Parcel 15 of Parcel Map No. 14647 in the City of Rancho Cucamonga,
County of San Bernardino, State of California, filed in Book 177, pages 90 through 96,
inclusive, of Parcel Maps, in the Office of the County Recorder of said County, together
with that portion of the land described as Rancho Cucamonga Metrolink Station Phase I,
in the Grant Deed recorded October 06, 1994, as Document No. 1994-0409793, of
Official Records of said County, described as follows:
All that portion of said Parcel 15, together with all that portion of said Rancho
Cucamonga Metrolink Station Phase I;
Excepting therefrom that portion lying easterly of the following described line:
Commencing at the northeast corner of Section 13, of Township 1 South, Range 7 West,
San Bernardino Meridian, as shown on said Parcel Map;
Thence along the easterly line of said Section 13, South 00°29'50" East 50.00 feet to the
intersection of the easterly prolongation of the northerly line of said Rancho Cucamonga
Metrolink Station Phase I;
Thence along said easterly prolongation of said northerly line South 89°43'55 West 30.00
feet to the northeasterly corner of said Rancho Cucamonga Metrolink Station Phase I;
Thence continuing along said northerly line South 89°43'55 West 3 59. 10 feet to the
Point of Beginning;
Thence South 00°10'37" West 569.98 feet to the southerly line of said Parcel 15, also
being the Point of Terminus;
Parcel contains 227,529 square feet, more or less.
The bearings and distances used in the above description are based on the California
Coordinate System of 1983, (CCS83), Zone 5, 2010.00 epoch. Divide distances shown by
0.9999392898 to obtain ground distance.
See Exhibit `A-F attached hereto and made a part hereof.
Page 1 of 2
Page 206
This real property description has been prepared by me, or under my direction, in
conformance with the Professional Land Surveyor's Act (Bus. & Prof. Code §8700).
Seon 61_ Smith
No. 8233
Signature:s.—L7— ,--�
Sean M. Smith, PLS 8233
Date: 9/23/2022
Page 2 of 2
Page 207
EXHIBIT 'A -I'
APN TYPE OF ESTATE AREA
0209-272-1/ & 0209-272-22 EASEMENT 227,529 SF
R
NORTHERLY LINE RANCHO CUCAMONGA
METROLINK STATION PHASE I
PER DOC. NO. 1994-0409793, O.R.
REC. 1010611994
R/W
CITY OF RANCHO CUCAMONGA
COUNTY OF SAN BERNARDINO
LEGEND
Indicates area of Grantor's
Property
POC Point Of Commencement
POB Point of Beginning
POT Point of Terminus
SF Square Feet
R/W Right -of -Way
PREPARED BY:
PS O M A S
1650 Spruce Street, Suite 400
Riverside, Cclifornio 92507
f9511787-8421 www.psomos.com
DOC. NO. 1994-0409793, O.R.
\REC. 10/06/1994
SrC 13
NORTHEAST
APN: 0209-143-2/ COR. SEC. /3
POB L l
I L2,
S89°43'55"W 359.10'
NORTHEASTERLY
CORNER PHASE l W
' APN: 0209-272-22
w
� a
�
L
w
EASTERLY LINE
�
SECTION 13
0
0
` PARCEL 1
` P � l3, 1 11�'0�
SOUTHERLY LINE u
POT PARCEL 15
THIS PLAT WAS PREPARED �,� _ AZUSA COURT
UNDER MY DIRECTION 1
9/23/2022
SEAN M. SMITH, PLS 8233 DATE
FEET 0 75 150 300 450
PREPARED SCALE SHEET NO. TOTAL
BY SHEETS
T KR
O
O
30,
_1oNAL Lq/10
,
a
SEAN
-4
�
M. SMITH
* No.
8233
\Op
CAL F
LINE TABLE
NO.
BEARING
DISTANCE
Ll
S00°29'50"E
50.00'
L2
S89°43'55"W
30.00'
EXHIBIT "B"
DESCRIPTION OF AERIAL EASEMENT AREA
[SEE ATTACHED]
4858-4166-4037.20 EXHIBIT `B"
378683.00002/9-21-22/eeo/mrf -1-
Page 209
EXHIBIT `B'
Legal Description
APN: 0209-272-11
That portion of the land described as Rancho Cucamonga Metrolink Station Phase I, in
the Grant Deed recorded October 06, 1994, as Document No. 1994-0409793, of Official
Records of San Bernardino County, in the City of Rancho Cucamonga, in said County,
State of California, described as follows:
Commencing at the northeast corner of said Section 13 of Township 1 South, Range 7
West, S.B.M., as shown on Parcel Map No. 14647, filed in Book 177, pages 90 through
96, inclusive of Parcel Maps, in the Office of the County Recorder of said County;
Thence along the easterly line of said Section 13, as shown on said Parcel Map,
South 00°29'50" East 50.00 feet to the easterly prolongation of the northerly line of said
Rancho Cucamonga Metrolink Station Phase I;
Thence along said easterly prolongation of said northerly line South 89°43'55 West 30.00
feet to the northeasterly corner of said Rancho Cucamonga Metrolink Station Phase I;
Thence along said northerly line South 89°43'55 West 3 59. 10 feet to the Point of
Beginning;
Thence continuing along said northerly line South 89°43'55 West 651.28 feet;
Thence leaving said northerly line South 02°09'27" East 60.00 feet;
Thence North 87°54'30" East 649.57 feet;
Thence North 00°10'37" West 39.29 feet to said northerly line and the Point of
Beginning.
Parcel contains 32,283 square feet, more or less.
Reserving to the City of Rancho Cucamonga and San Bernardino County Transportation
Authority all that portion below a level plane 16.00 feet above the existing ground.
Preliminary
Page 1 of 2
Page 210
The bearings and distances used in the above description are based on the California
Coordinate System of 1983, (CCS83), Zone 5, 2010.0 epoch. Divide distances shown by
0.9999392898 to obtain ground distance.
See Exhibit `B-1' attached hereto and made a part hereof.
This real property description has been prepared by me, or under my direction, in
conformance with the Professional Land Surveyor's Act (Bus. & Prof. Code §8700).
Sean M. Smith
ti
Signature:
Sean M. Smith, PLS 8233
No. 8233 l
Date: 9/26/2022
2
Page 2 of 2
Page 211
EXHIBIT 'B-1'
v
APN TYPE OF ESTATE AREA
0209-272-11 EASEMENT 32,283 SF
R/
NORTHERLY LINE RANCHO
CUCAMONGA METROLINK
APN: 0209-143-21 STATION PHASE 1
PER DOC. NO. 94-0409795, O.R.,
REC. 1010611994
R/W--\ S89°43'55"W 651.28'
13
J J J s J f 1 J J lil J
l_% I
J r
J1 J 1 J J
CITY OF RANCHO CUCAMONGA
COUNTY OF SAN BERNARDINO
LEGEND
Indicates area to be
acquired
POC Point Of Commencement
POB Point of Beginning
SF Square Feet
PREPARED BY:
PS O M A S
1650 Spruce Street, Suite 400
Riverside, Cclifornio 92507
f9511787-8421 www.psomos.com
N87054'30"E 649.57'
�APN: 0209-272-11
PER DOC. NO. 94-0409793, O.R.,
REC. 1010611994
LINE TABLE
NO.
BEARING
DISTANCE
Ll
S00°29'50"E
50.00'
L2
S89043'55"W
30.00,
L3
S89°43'55"W
359.10'
L4
S02°09'27"E
60.00'
L5
N00°10'37"W
39.29'
THIS PLAT WAS PREPARED
UNDER MY DIRECTION
S� 9/23/2022
SEAN M. SMITH, PLS 8233 DATE
NORTHEAST
COR. SEC. /3
L/
L3
L2 RI
5
NORTHEAST
CORNER PHASE / 30'
W
Q
Z
W
APN: 0209-272-22
J
J
� Pr1t�Cr I 1 �
.PJJVJJJ JJJ/)0-) )
EASTERLY LINE
SECTION l3
-
AZUSA COURT
FEET 0 50 100 200 400
PREPARED SCALE SHEET NO. TOTAL
BY SHEETS
TKR
AL LANp S G
a
SEAN M. SMITH
k'No. J82:33*
p/AC
EXHIBIT "C"
DESCRIPTION OF GROUND EASEMENT AREA
[TO BE FINALIZED DURING THE DESIGN PROCESS]
4858-4166-4037.20 EXHIBIT "C"
378683.00002/9-21-22/eeo/mrf -1-
Page 213
EXHIBIT "D"
Required Insurance
(a) Prior to Construction. On or before Grantee's entry onto the
Easement Area, Grantee shall procure and maintain, at its sole cost and expense, the following
insurance:
(1) Commercial General Liability (CGL) with a limit not less
than twenty-five million dollars ($25,000,000) per each occurrence and a general aggregate limit
of not less than twenty-five million dollars ($25,000,000) providing coverage for bodily injury,
property damage, and personal injury through any combination of primary and excess or umbrella
liability insurance policies with limits restating annually. The CGL insurance must be written on
an ISO occurrence form CG 00 0104 13 or (with approval from Grantor) substitute forms at least
as broad as CG 00 0104 13 coverage. All excess or umbrella policies must be "follow form" and
afford no less coverage than the primary policy. Such CGL must provide coverage to the
Indemnified Parties as additional insureds using ISO Additional Insured Endorsement CG 20 26
and CG 20 24, or their equivalent. Coverage shall be provided to the Indemnified Parties for claims
proximately caused by reason of the uses authorized by this Agreement and the location and
placement of improvements within the Easement Area, unless caused by an Indemnified Party's
gross negligence or willful misconduct.
(b) Insurance During Construction. Prior to commencing physical
construction within the Easement Area, Grantee shall procure or cause to be procured and
maintained throughout construction the following insurance coverage:
(1) Liability Insurance. Commercial General Liability (CGL)
with a limit not less than three hundred million dollars $300,000,000 each occurrence, three
hundred million dollars ($300,000,000) products and completed operations aggregate, and a
general aggregate limit of not less than three hundred million dollars ($300,000,000) providing
coverage for bodily injury, property damage, and personal injury through any combination of
primary and excess or umbrella liability insurance policies with one reinstatement general
aggregate limit for the period of the policy(ies) term. Such policies must be project -specific with
dedicated limits to the Project. The CGL insurance must be written on an ISO occurrence form
CG 00 0104 13 or (with approval from Grantor) substitute forms providing equivalent coverage.
All excess or umbrella policies must be "follow form" and afford no less coverage than the primary
policy. Such CGL must cover the Indemnified Parties as additional insureds using ISO Additional
Insured Endorsement CG 20 26 (or CG 20 26, CG 20 24, and 20 10 with the restriction that the
work is being done for or on behalf of an additional insured removed from the endorsement
accompanied by 20 37 or equivalent forms and subject to market availability with approval from
SBCTA providing coverage to the additional insured for completed operation losses with the
restriction that the work is being done for or on behalf of an additional insured removed from the
endorsement). Coverage must be provided to the Indemnified Parties for claims proximately
caused by reason of the uses authorized by this Agreement, unless caused by an Indemnified
Parry's gross negligence or willful misconduct.
4858-4166-4037.20 EXHIBIT "M
378683.00002/9-21-22/eeo/mrf -1-
Page 214
The policy or policies shall be endorsed to remove exclusions pertaining to any railroads.
There must not be any endorsement or modification of the CGL limiting the scope of coverage for
liability assumed under an insured contract. Completed operations coverage must extend for as
long as there is any exposure to liability under a statute of repose or any other applicable statute
of limitations. If completed operations coverage through the end of statutory exposure is not
commercially available, completed operations coverage must extend for at least ten (10) years
from the completion date of the Project. All excess or umbrella policies must contain a drop -down
clause in the event of exhaustion of primary limits and provide coverage for primary CGL.
(2) Commercial Automobile Insurance. During all phases of the
Project, Grantee shall provide evidence of commercial business auto coverage written on ISO form
CA 00 01 10 01 (or, with approval from Grantor, substitute form providing equivalent liability
coverage) with a limit not less than one million dollars ($1,000,000) for each accident. Such
insurance must cover liability arising out of any auto (including owned, hired, and non -owned
autos). The policy must contain an endorsement for coverage to operations in connection with a
railroad and an endorsement to cover liabilities arising out of the Motor Carrier Act - Hazardous
materials clean up (MCS-90) with a sublimit of no less than one million dollars ($1,000,000).
During all phases of the Project, Grantee shall require its general contractor to provide (and shall
ensure that its general contractor does provide) evidence of commercial business auto coverage
written on ISO form CA 00 01 10 01 (or, with approval from Grantor, substitute form providing
equivalent liability coverage) with a limit not less than twenty-five million dollars ($25,000,000)
for each accident. Such insurance must cover liability arising out of any auto (including owned,
hired, and non -owned autos) and can be satisfied by a combination of primary and excess and/or
umbrella policies. The policy(ies) must contain an endorsement for coverage to operations in
connection with a railroad and an endorsement to cover liabilities arising out of the Motor Carrier
Act - Hazardous materials clean up (MCS-90) with a sublimit of no less than one million dollars
($1,000,000). All excess or umbrella policies shall contain a drop -down clause in the event of
exhaustion of primary limits and provide coverage for primary auto liability.
(3) Workers' Compensation and Employers Liability Insurance.
During all phases of the Project, Grantee shall provide evidence of Workers' Compensation
insurance as required under California statute including coverage for Employer's Liability with
limits of at least one million dollars ($1,000,000) each accident, one million dollars ($1,000,000)
each employee by disease, and a policy limit of one million dollars ($1,000,000) by disease. The
excess liability policy must include employer's liability coverage limits to at least twenty-five
million dollars ($25,000,000) and can be satisfied by a combination of primary and excess and/or
umbrella policies.
The workers' compensation policies must provide the following:
a. A waiver of subrogation in favor of Grantor and the Indemnified Parties;
b. A provision extending coverage to all states' operations;
c. A voluntary compensation endorsement;
4858-4166-4037.20 EXHIBIT "M
378683.00002/9-21-22/eeo/mrf -2-
Page 215
d. An alternative employer endorsement, if applicable to Grantee
operations;
e. Coverage for liability under the United States Longshore and Harbor
Workers' Compensation Act on an "if any" basis or as otherwise
appropriate;
f. Coverage for liability under Title 46 of the U.S.C. § 688 ("Jones Act") on
an "if any" basis or as otherwise appropriate; and
g. An endorsement extending the policy to cover the liability of the insureds
under the Federal Employer's Liability Act on an "if any" basis or as
otherwise appropriate.
(4) Professional Liability Insurance. During all phases of the
Project, Grantee shall provide evidence of professional liability insurance, including prior acts
coverage sufficient to cover all claims arising out of any professional services, including without
limitation engineering, architectural, or land surveying work required in constructing the Project
on the Easement Area, procured, and maintained by those third parties performing such work for
or on behalf of Grantee. For the lead design contractor for the improvements in privity with
Grantee, the coverage must not be less than ten million dollars ($10,000,000) per claim and in the
aggregate. For environmental assessments, land surveying work and any other site work, the
coverage must not be less than two million dollars ($2,000,000) per claim and in the aggregate.
For architectural, geotechnical engineers, and electrical engineers, the coverage must not be less
than two million dollars ($2,000,000) per claim and in the aggregate. For structural engineers and
civil engineers relating to the Project, the coverage must not be less than five million dollars
($5,000,000) per claim and in the aggregate. Grantee shall also require any member of its design
build team, any subconsultant, or any subcontractor performing professional design services for
any portion of the Project, to obtain and maintain (and shall ensure that they do obtain and
maintain) professional liability insurance providing the same coverage, with limits of at least one
million dollars ($1,000,000) per claim and in the aggregate. Grantee shall procure and maintain a
project specific Owner's Protective Professional Indemnity (OPPI) policy that provides coverage
with limits of at least twenty-five million dollars ($25,000,000) per claim and in the aggregate for
claims arising out of the liability of design and construction professionals. Such coverage must
include coverage for claims filed directly against Grantee by third -parties alleging negligence
(arising from professional services of design firms).
No self -insured retention for Grantee or any lead design entity is permitted to exceed five
hundred thousand dollars ($500,000), unless commercially unavailable and without prior written
approval from Grantor, in its good faith discretion. Coverage must apply specifically to
professional activities performed or contracted by Grantee in support of the Project. The
policy(ies) must have a retroactive date consistent with the inception of the first date of design or
project or construction management activities, and no later than the date on which any contract or
subcontract was issued. Grantee agrees to maintain or to require its design professionals,
subconsultants, or design -build subcontractors to maintain (and shall ensure that they do maintain),
as appropriate, this required coverage for a period of no less than three years after the
4858-4166-4037.20 EXHIBIT "M
378683.00002/9-21-22/eeo/mrf -3-
Page 216
commencement of revenue service or to purchase an extended reporting period for no less than
three years after the commencement of revenue service. If the contractor is working with a separate
lead design entity, contractor must (and Grantee shall ensure that contractor does) require the lead
design entity to agree to maintain this coverage for a period of no less than three (3) years after the
commencement of revenue service or to purchase an extended reporting period for no less than
three (3) years after the commencement of revenue service.
(5) Contractor's Pollution Liability. Grantee shall procure or
cause to be procured contractor's pollution liability ("CPL") coverage throughout the period of
construction. Coverage must be provided by a stand-alone policy with Project dedicated limits of
no less than twenty-five million dollars ($25,000,000) per occurrence and twenty-five million
dollars ($25,000,000) in the aggregate per policy period dedicated to the Project. Coverage must
be written on an occurrence basis and extended for a minimum ten (10) year period with a separate
limit available exclusively to the Project. The CPL policy must include coverage for investigation,
removal, and remediation costs including monitoring or disposal of contaminated soil, surface
water, groundwater or other media to the extent required by environmental laws caused by
pollution conditions resulting from or exacerbated by covered operations; third -party bodily injury
and property damage, provided that the third -party property damage liability coverage includes
loss of use of damaged property or of property that has not been physically injured or destroyed,
resulting from pollution conditions caused by or from conditions exacerbated by covered
operations. The policy must have no exclusions or limitations for loss occurring over water
including but not limited to a navigable waterway or for lead or asbestos. Coverage as required in
this Section shall apply to sudden and non -sudden pollution conditions resulting from the escape
or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, waste
materials, or other irritants, contaminants, or pollutants. The CPL policy must also provide
coverage for losses due to loading, unloading or transportation and liability imposed by off -site
disposal of materials at a third -party disposal site including testing, monitoring, measuring
operations or laboratory analysis and remediation. If the scope of work includes the disposal of
any hazardous or non -hazardous materials from the job site, Grantee shall furnish Grantor evidence
of pollution legal liability insurance maintained by the disposal site operator for losses arising from
the insured facility accepting the materials, with coverage in minimum amounts of five million
dollars ($5,000,000) per loss and an annual aggregate of five million dollars ($5,000,000).
(6) Railroad Protective Liability. Grantee shall provide, or cause
to be maintained, any coverage as may be required by any railroad as a condition of the railroad's
consent for entry onto railroad facilities or property. Such policy shall be effective during the
period any construction is being performed within 50 feet of any railroad ROW. Coverage shall
be written on Insurance Services Office occurrence Form CG 00 35 (or, with approval from
Grantor, substitute form providing equivalent coverage) on behalf of any railroad as a named
Insured, with a limit specified by any railroad. 20.2.1.7. Aircraft Liability. If applicable, Grantee
shall procure, or cause to be procured and maintained, aircraft liability insurance with a limit of
not less than ten million dollars ($10,000,000) per occurrence in all cases where any aircraft is
used on the Project that is owned, leased or chartered by any contractor -related entity or its
subcontractors of any tier, protecting against claims for damages resulting from such use. Any
aircraft intended for use in performance of the work, the aircraft crew, flight path and altitude,
including landing of any aircraft on the Project or on any property owned, rented or leased by
4858-4166-4037.20 EXHIBIT "M
378683.00002/9-21-22/eeo/mrf -4-
Page 217
Grantor or any of the Indemnified Parties is subject to review and written acceptance by Grantor
prior to occurrence of any such usage. If any aircraft are leased or chartered with crew and/or pilot,
evidence of non -owned aircraft liability insurance is acceptable in lieu of the coverage listed above
but must be provided prior to use of the aircraft.
(7) Builder's Risk Insurance. Grantee shall, upon
commencement of construction and with approval of Grantor, obtain and maintain a policy of
builder's risk insurance for the Project. Coverage shall be written on an "all risk" basis and
provided through a stand-alone policy dedicated solely to the Project. The insureds must include
the contractor, all subcontractors (excluding those solely responsible for design work) of any tier,
suppliers, and Grantor. Coverage must include property owned by Grantor and the Indemnified
Parties that is part of the Project and must not be limited by use of the phrase "as their interests
may appear." The policy must cover all property, roads, buildings, bridge structures, other
structures, fixtures, materials, supplies, foundations, pilings, machinery and equipment (excluding
contractor's equipment) that are part of or related to the portions or elements of the Project, and
the works of improvement, including permanent and temporary works and on -site materials, and
including goods intended for incorporation into the works located at the Easement Area, in storage
or in the course of transit to the Easement Area and all improvements that are within the Easement
Area.
The builder's risk policy must include coverage for:
a. Any ensuing loss from faulty workmanship or nonconforming work, including L.E.G.
3 wording;
b. Machinery accidents and operational testing involving equipment covered by the
policy;
Removal of debris, with a sublimit of twenty-five percent (25%) of the loss subject to
a limit of twenty-five million dollars ($25,000,000) and insuring the buildings,
structures, machinery, equipment, materials, facilities, fixtures and all other properties
constituting a part of the Project;
d. Transit, including ocean marine coverage (unless insured by the supplier or through
a separate marine cargo policy), with sub -limits sufficient to insure the full
replacement value of any key equipment item;
Replacement value of any property or equipment stored either on or off the Easement
Area;
f. Coverage limits sufficient to insure for the following perils subject to applicable sub -
limits for these perils based on the probable maximum loss of the insured property:
• Collapse;
• Terrorism;
• Earthquake;
4858-4166-4037.20 EXHIBIT "D"
378683.00002/9-21-22/eeo/mrf -5-
Page 218
• Flood;
g. Plans, blueprints and specifications; and
h. Demolition and increased cost of construction as required by law or ordinance subject
to applicable sub -limits.
There must be no coinsurance penalty provision in any such policy. All deductibles or self -
insured retentions must be the sole responsibility of Grantee.
The policy must provide a "severability of interests provision," "multiple insured's clause"
or similar wording that the policy is to apply to each insured as if a separate policy had been issued
to each insured except as to limits.
Grantee shall also require the general contractor and its subcontractors to procure and
maintain (and shall ensure that they do procure and maintain) coverage for tools and equipment
owned, leased or used by the general contractor or subcontractors in the performance of their work
under this contract.
Upon completion of construction of the Project and prior to commencing operations of the
Project within the Easement Area, Grantee shall provide evidence of "all risk" property insurance
covering the Project/Improvements, with coverage sufficient to cover the probable maximum loss
of such improvements and alterations made by Grantee pursuant to the terms hereof, which must
include "all risk" coverage using the ISO Causes of Loss - Special Form or (with approval from
Grantor) its equivalent, as well as flood insurance, subject to applicable sub -limits for natural
hazard exposures based on the probable maximum loss of such improvements.
(c) Insurance During Operations. Upon the commencement of revenue
service operations, Grantee shall procure and maintain, at its sole cost and expense, Commercial
General Liability (CGL) with a limit not less for personal injury, death, and property damage in
an amount not less than three hundred twenty-three million dollars ($323,000,000), or such other
limit of liability as Congress may establish from time to time applicable to Grantee's passenger
rail operations. Such policy or policies must provide coverage to all Indemnified Parties as
additional insureds. All excess or umbrella policies must be "follow form" and afford no less
coverage than the primary policy and the policies up to three hundred twenty-three million dollars
$323,000,000 must include one reinstatement limit for the period of the policy(ies) term.
(d) Self Insurance. The policy or policies under which coverage
required by this Agreement is provided may include a deductible or self -insured retention not in
cumulative excess of ten million dollars ($10,000,000) on the condition that:
(1) Each insurance policy expressly provides that the obligations of
the policy issuer to Grantor as an additional insured are not to be diminished in any way by
Grantee's failure to pay its deductible or self -insured retention obligation for any reason;
4858-4166-4037.20 EXHIBIT "M
378683.00002/9-21-22/eeo/mrf -6-
Page 219
(2) Grantee provides a declaration under penalty of perjury by a
Certified Public Accountant (CPA) acceptable to Grantor and who shall apply a Fiduciary Standard
of Care, certifying the accountant has applied Generally Accepted Accounting Principles (GAAP)
guidelines confirming that Grantee has sufficient funds and resources to cover any self -insured
retentions if the cumulative self -insured retentions from all required insured policies are in excess
of one million dollars ($1,000,000); and
(3) Grantee promptly pays any and all amounts due under such
deductible or self -insured retention in lieu of insurance proceeds that would have been payable if
the insurance policies had not included a deductible or self -insured retention amount.
(e) Definition of "Self Insurance". As used in this Agreement, "self
insurance" means that Grantee is itself acting as if it were the insurance company providing the
insurance required under the provisions of this Agreement.
(f) Evidence of Insurance. In accordance with the insurance
requirements above, Grantee shall furnish evidence of insurance reasonably acceptable to Grantor
before Grantee enters the Easement Area, before commencing physical construction of the Project
within the Easement Area, and before the beginning of operations, as applicable. Grantee shall
provide Grantor with satisfactory evidence of renewal or replacement insurance no later than thirty
(30) days after the expiration or termination of such insurance. Grantee shall submit full copies of
the commercial general liability policy, excess/umbrella liability policy, builder's risk policy, and
the project -specific professional liability policy or binders with full specimen copies of the forms
for each policy until such time as full copies of the policies are available. This requirement applies
prior to Grantee starting work on the Project, including all subsequent renewal policies.
Certificates of insurance are required for all other lines of insurance. If, through no fault of Grantee,
any of the coverage required becomes unavailable, Grantee shall provide good faith alternative
insurance packages and programs, subject to prior approval by Grantor, with the goal of reaching
agreement on a package providing coverage equivalent to that specified herein.
(f) Additional Insured Coverage. All policies, except those for
Workers' Compensation and Professional Liability insurance, must be endorsed by the ISO Form
CG 20 10 11 85, CG 20 37, CG 20 24 and CG 20 26 as outlined in Paragraphs (a) and (b) above,
to name the Indemnified Parties as additional insureds. The additional insured endorsements must
not have any restriction requiring that the work is being done for or on behalf of an additional
insured. With respect to general liability arising out of or connected with work or operations
performed by or on behalf of Grantee under this Agreement, coverage for such additional insureds
must not extend to liability to the extent prohibited by Section 11580.04 of the Insurance Code.
The additional insured endorsements must not limit the scope of coverage for Grantor to vicarious
liability but shall allow coverage for Grantor to the full extent provided by the policy.
(h) Waiver of Subrogation Rights. To the fullest extent permitted by
law, Grantee hereby waives all rights of recovery under subrogation against the additional insureds
named herein, and any other tenant, contractor, subcontractor or sub -subcontractor performing
work or rendering services on behalf of Grantor, in connection with the planning, development
and construction of the Project. To the fullest extent permitted by law, Grantee shall require similar
4858-4166-4037.20 EXHIBIT "M
378683.00002/9-21-22/eeo/mrf -7-
Page 220
written express waivers and insurance clauses from each of its subcontractors of every tier. Grantee
shall require all of the policies and coverages required in this Section to waive all rights of
subrogation against the additional insureds (ISO Form CG 24 04 05 09). Such insurance and
coverages provided must not prohibit Grantee from waiving the right of subrogation prior to a loss
or claim.
(i) Eligible Insurers. If policies are written by insurance carriers
authorized and admitted to do business in the state of California, then the insurance carriers must
have a current A.M. Best rating of A-VIII or better and if policies are written by insurance carriers
that are non -admitted but authorized to conduct business in the state of California, then they must
meet the current A.M. Best rating of A-:X or better, unless otherwise approved in writing by
Grantor. Grantee shall furnish to Grantor, not less than fifteen (15) days before the date the
insurance is first required to be carried by Grantee, and thereafter before the expiration of each
policy, true and correct certificates of insurance, using the appropriate ACORD form of certificate
or its equivalent, evidencing the coverages required under this Section, with a copy of each policy,
if requested by Grantor. Such certificates must provide that should any policies described therein
be cancelled before the expiration date thereof, notice is to be delivered to the certificate holder by
the insurer in accordance with the policy provisions regarding same. Further, Grantee agrees that
the insurance coverage required hereunder is not to be terminated or modified in any material way
without thirty (30) days advance written notice from Grantee to Grantor.
0) Cure. If Grantee fails to procure and maintain insurance required
under this Agreement or fails to meet its obligations with respect to any deductible or self -insured
retention amount under this Agreement, subject to the provisions herein, Grantor is entitled, after
thirty (30) days prior written notice to Grantee of Grantee's default hereunder and Grantee's failure
to cure such default within said thirty (30) days, ten (10) days for non-payment, to require Grantee
to immediately discontinue all construction activities related to the Project and immediately
discontinue operation of the Project until Grantee has provided Grantor reasonably satisfactory
evidence that the required insurance has been obtained and the other obligations of Grantee under
this Section have been met. No cessation of construction or operations required by Grantor under
this Section releases or relieves Grantee of any of its other obligations under this Agreement.
4858-4166-4037.20 EXHIBIT "D"
378683.00002/9-21-22/eeo/mrf -8-
Page 221
EXHIBIT "G"
FORM OF MILLIKEN TRIANGLE EASEMENT
[SEE ATTACHED]
EXHIBIT "G"
1 222
1123 1-0001\2708118v2.doc Page
RECORDING REQUEST BY,
AND WHEN RECORDED RETURN TO:
DesertXpress Enterprises, LLC
3920 W. Hacienda Ave.
Las Vegas, NV 89118
Attn: David Pickett, Esq.
With a copy to:
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
Attn: City Manager
SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY
Free Recording Requested per Government Code 27383.
EASEMENT
(RAMPS AND DRIVEWAYS)
THIS EASEMENT ("Agreement") is dated as of , 202_ and is entered into by
and between the CITY OF RANCHO CUCAMONGA, a California municipal corporation
("City"), and DESERTXPRESS ENTERPRISES, LLC, a Nevada limited liability company d/b/a
Brightline West and qualified to do business in California ("DXE"). City and DXE are sometimes
hereinafter referred to individually as "Party" and collectively as the "Parties."
RECITALS
A. DXE plans to construct a high-speed passenger rail system from Las Vegas, Nevada
to Rancho Cucamonga, California ("HSR System"). One portion of this system will include a
train station in Rancho Cucamonga (the "Train Station") on property DXE is acquiring from the
City and the San Bernardino County Transportation Authority ("SBCTA") (the "Station Site").
DXE desires an easement over a portion of property owned by the City adjacent to the Station Site
for transit purposes, including without limitation, the right to construct, operate, and maintain (i) an
access road (the "Access Road") to provide access between the Station Site and the Driveway (as
defined below) and Milliken Avenue when widened to the boundary of the Access Road and
(ii) vehicle ramps (the "Ramp" and together with the Access Road, "Road and Ramp
Improvements") to service the parking structure to be constructed as part of the Train Station on
the Station Site, both within the area described in Exhibit "A" attached hereto (the "Easement
Area"). Further, DXE desires the right to construct, operate, and maintain an extension of the
Access Road to provide access from the Easement Area to Milliken Avenue (the "Driveway")
within a separate area described in Exhibit "B" attached hereto (the "20 Foot Area"). The Road
and Ramp Improvements and the Driveway are collectively referred to herein as the
"Improvements".
B. The City's public purposes in entering into this Agreement include facilitating the
4881-4358-1477.18
378683.00002/9-27-22//mrf -1-
Page 223
development of transportation that will benefit the public, providing employment opportunities
resulting from the work to be performed by DXE and the operation of a high-speed rail project,
and obtaining fair market compensation for the easement interest granted herein (and such
compensation shall become part of the general funds of the City and in turn used for public
purposes).
AGREEMENT
1. Grant of Easement; Term; Consideration. City hereby grants to DXE an
exclusive perpetual easement ("Easement") in and through the Easement Area for transit
purposes, including, without limitation and subject to all applicable laws, the right to construct,
operate, and maintain the Road and Ramp Improvements and appurtenant to the Easement the right
to construct, operate, and maintain the Driveway within the 20 Foot Area. For the avoidance of
doubt, the Road and Ramp Improvements are only allowed within the Easement Area and not the
20 Foot Area and only the Driveway is permitted within the 20 Foot Area. The location of the
Driveway within the 20 Foot Area will be determined by DXE through its station design process,
provided that the Driveway shall be no wider than sixty (60) feet unless a larger width is approved
in writing by the City Engineer after finding that a wider Driveway is needed to accommodate
vehicular traffic into and out of the Train Station and will not unreasonably impact surrounding
City infrastructure and Milliken Avenue (including its future widening). The analysis regarding
further widening of the Driveway shall involve the traffic study for the Train Station that DXE is
currently preparing to assist the City Engineer in making any such finding and to the extent the
pending traffic study does not sufficiently analyze the driveway wider than sixty (60) feet or
impacts on surrounding infrastructure and Milliken Avenue (including its future widening), such
additional traffic study (or peer review) prepared in cooperation between DXE and City/SBCTA
(at DXE's expense) that is necessary for the City Engineer to make the finding. DXE shall
coordinate the pending traffic study with the City/SBCTA in an effort to ensure that the pending
traffic study is sufficient to avoid the necessity of an additional traffic study. Upon the
determination of the location of the Driveway, the Easement Area shall be amended to include
such portion of the 20 Foot Area on which the Driveway will be located. The installation,
maintenance, and operation of the Improvements shall be subordinate to any existing easements,
covenants, conditions, restrictions, reservations, rights of way, liens, encumbrances, and other
matters of record on or under the Easement Area and the 20 Foot Area, as applicable. If the City
widens Milliken Avenue, the City shall be responsible at its cost to modify the Driveway to the
extent necessary to accommodate such widening and the Easement Area shall be automatically
modified to exclude any portion of the Easement Area that included the Driveway affected by the
widening of Milliken Avenue. As a condition precedent to DXE's occupancy or use of the
Easement Area and the limited use of the 20 Foot Area, DXE will pay to City the one-time sum
equal to the fair market price of the easement interest and rights described herein, as determined
by an appraisal obtained by City.
2. AS -IS. DXE accepts the Easement Area (as modified to include and later exclude
the portion of the 20 Foot Area on which the Driveway is located) in its current "AS -IS" condition,
without representation or warranty, express or implied, and subject to all existing matters of record
and all matters that would be revealed by a diligent inspection of the Easement Area and the 20
Foot Area. DXE also acknowledges that City makes no representations, express or implied, as to
the physical condition of or title to the Easement Area or the 20 Foot Area. This Agreement does
4881-4358-1477.18
378683.00002/9-27-22//mrf -2-
Page 224
not constitute, nor grant permission to use or occupy property not belonging to, or under the control
of City, and permission to use or occupy such property must be obtained from the owner or
controller of such property, separate from and in addition to this Agreement.
3. Authorized Improvements; Street Closures. The rights of DXE to install,
maintain, and operate the Improvements are subject to any applicable laws and permitting
requirements and conditions (and the City does not waive any of its rights or powers in its
governmental capacity in that regard to the extent applicable). In addition, City will review and
approve all such Improvement plans in its proprietary capacity as property owner prior to
construction of the Improvements only to ensure consistency and no material interference with the
Public Improvements (as defined below) and not to review the HSR System. Any and all street
closures required for installation, maintenance, or repairs of the Improvements must be approved
in advance in writing by the City Manager, and DXE shall pay or reimburse City within thirty (30)
days after written demand for all costs incurred by City in connection with any such closures.
4. Standards for Rail Facilities. City acknowledges that standards promulgated by
and decisions issued by the Federal Railroad Administration ("FRA") and Surface Transportation
Board ("STB") govern the design, construction, operation, and maintenance of railroad facilities
within their jurisdiction and that such regulations, standards, and decisions might as a matter of
law preempt and supersede requirements that may otherwise apply under state or local laws. City
acknowledges that it is not a regulatory agency under federal law or with respect to California
utilities regulated by the California Public Utilities Commission, and the Parties agree that the City
will have no liability for not inspecting access facilities or operations on the Easement Area (as
modified to include and later exclude the portion of the 20 Foot Area on which the Driveway is
located) for purposes of enforcing compliance with laws and regulations within the jurisdiction of
the STB, the FRA, or the California Public Utilities Commission. Notwithstanding this Section 4,
City reserves all of its governmental rights and powers, and DXE acknowledges that City is
entering into this Agreement solely in its proprietary capacity.
5. Repair of Damage.
(a) Damage to Public Improvements. DXE shall promptly notify the City in
writing if it becomes aware of any damage to Milliken Avenue or public utilities near the location
of the Driveway ("Public Improvements"). Whether or not DXE notifies the City, if any damage
is caused to Milliken Avenue or Public Improvements directly or indirectly by DXE or its
contractors, such repair work will be conducted by the City at DXE's sole cost and expense, or if
so authorized in writing by City, may be repaired by DXE at its sole cost and expense (whereupon
DXE shall promptly coordinate with City on any necessary street closures, and promptly perform
the repairs).
(b) If City elects to perform repair work for which DXE has some or all
responsibility, DXE shall reimburse City for its share of the reasonable costs of the repair work
within thirty (30) days after delivery of a statement from City describing the costs, including a
statement detailing such costs and expenses. In the event payment is not made within said
thirty (30) day period, said payment shall include interest at a rate of ten percent (10%) per annum
from the end of said thirty (30) day period until paid.
4881-4358-1477.18
378683.00002/9-27-22//mrf -3 -
Page 225
6. Encumbrance. DXE may, at any time and from time to time, encumber to any
bank, insurance company or other institutional lender, herein called "Mortgagee," by one or more
deeds of trust (the "Security Instrument"), all of DXE's interest under this Agreement and the
interest created hereunder provided that (i) such Security Instrument is subject to the terms of this
Agreement and all interests of the City hereunder, (ii) such Security Instrument shall not constitute
in any way a lien or encumbrance on the City's interests, and (iii) the Security Instrument shall not
encumber any obligations that do not relate to the HSR System. No Mortgagee shall be liable to
City as the successor to the rights and obligations of DXE under this Agreement unless and until
such Mortgagee acquires the easement interest hereunder through foreclosure or other proceedings
in the nature of foreclosure or as a result of an assignment in lieu of foreclosure or other
assignment, action or remedy, nor shall a Mortgagee be liable for any defaults that occur after it
conveys its interest in the property associated with the Easement hereunder.
7. Ownership of Improvements. All Improvements shall be owned by DXE during
the duration of this Agreement, and upon the termination of this Agreement, shall become the sole
property of City without compensation to DXE, or, if City so elects and upon written notice to
DXE within ninety (90) days of termination, shall be demolished and removed by DXE from the
Easement Area at DXE's sole expense in a reasonable time period. If City has not provided written
notice within such ninety (90) day period, DXE shall provide written notice of the termination to
City. If City does not respond within thirty (30) days of delivery of such written notice, then DXE
shall have no obligation to remove the Improvements. The foregoing (and defense and indemnity
obligations of DXE under this Agreement) shall survive the termination of this Agreement.
Nothing herein affects City's rights or remedies as a governmental entity, such as the right to cause
DXE to abate a nuisance, and in connection therewith, remove Improvements (if City has such a
right as a governmental entity under applicable law). For the avoidance of doubt, the City
acknowledges and agrees that the construction and operation of the HSR System in accordance
with this Agreement and applicable law is not a nuisance.
8. Waiver and Release. DXE expressly waives, releases and relinquishes any and all
claims, causes of action, rights and remedies DXE may now or hereafter have against City, and its
officials, officers, employees, consultants, attorneys and agents (collectively, "City Entities"),
whether known or unknown, arising prior to the date of this Agreement and relating to the
condition of the Easement Area or Milliken Avenue, and all claims of contribution and
reimbursement for costs of remediating Hazardous Materials (defined in Section 10 below)
released or existing prior to the date of this Agreement in, on or near the Easement Area.
DXE HEREBY ACKNOWLEDGES THAT IT HAS READ AND IS FAMILIAR WITH
THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542 ("SECTION 1542"),
WHICH IS SET FORTH BELOW:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
THAT THE CREDITOR OR RELEASING PARTY DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT
THE TIME OF EXECUTING THE RELEASE AND THAT, IF
KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR
OR RELEASED PARTY."
4881-4358-1477.18
378683.00002/9-27-22//mrf -4-
Page 226
BY INITIALING BELOW, DXE HEREBY WAIVES THE PROVISIONS OF SECTION
1542 SOLELY IN CONNECTION WITH THE MATTERS WHICH ARE THE SUBJECT OF
THE FOREGOING WAIVERS AND RELEASES:
DXE's Initials
The waivers and releases by DXE contained herein shall survive the termination of this
Agreement and shall be binding upon the assignees, transferees, and successors -in -interest of
DXE.
9. Utilities. As between DXE and the City, any required relocation of a utility that
interferes with DXE's project within the Easement Area (as modified to include and later exclude
the portion of the 20 Foot Area on which the Driveway is located) is the sole responsibility of
DXE. Upon written request by DXE, City will provide utility contact information known to City
and make its right-of-way utility staff available (on a reimbursable basis) for meetings with third -
party utility owners to help facilitate DXE's property access and construction and maintenance
activities.
10. Hazardous Materials.
(a) DXE covenants that it will not handle or transport Hazardous Materials in
the Easement Area (as modified to include and later exclude the portion of the 20 Foot Area on
which the Driveway is located) except for removal, transportation and disposal in compliance with
laws regarding excavated soils that are or may be contaminated with Hazardous Materials. As
used in this Agreement, the term "Hazardous Materials" means: (a) any substance, products,
waste, or other material of any nature whatsoever which is or becomes listed, regulated, or
addressed pursuant to the Comprehensive Environmental Response, Compensation, and Liability
Act (CERCLA), 42 United States Code Section 9601 et seq.; the Resources Conservation and
Recovery Act, 42 United States Code Section 6901 et seq.; the Hazardous Materials Transportation
Conservation and Recovery Act, 42 United States Code Section 1801 et seq.; the Clean Water Act,
33 United States Code Section 1251 et seq.; the Toxic Substances Control Act, 15 United States
Code Section 2601 et seq.; the California Hazardous Waste Control Act, Health and Safety Code
Section 25100 et seq.; the Hazardous Substance Account Act, Health and Safety Code Section
25330 et seq.; the California Safe Drinking Water and Toxic Enforcement Act, Health and Safety
Code Section 25249.5 et seq.; California Health and Safety Code Section 25280 et seq.
(Underground Storage of Hazardous Substances); the California Hazardous Waste Management
Act, Health and Safety Code Section 25170.1 et seq.; California Health and Safety Code Section
25501 et seq. (Hazardous Materials Release Response Plans and Inventory); or the California
Porter -Cologne Water Quality Control Act, Water Code Section 13000 et seq., all as amended (the
above cited California state statutes are hereinafter collectively referred to as "the State Toxic
Substances Law"); or any other federal, state, or local statute, law, ordinance, resolution, code,
rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct
concerning any Hazardous Substance, now or at any time hereinafter in effect; (b) any substance,
product, waste or other material of any nature whatsoever which may give rise to liability under
any of the above statutes or under any statutory or common law theory based on negligence,
trespass, intentional tort, nuisance or strict liability or under any reported decisions of a state or
4881-4358-1477.18
378683.00002/9-27-22//mrf -5-
Page 227
federal court; (c) petroleum or crude oil, other than petroleum and petroleum products which are
contained within regularly operated motor vehicles or passenger trains; and (d) asbestos.
Notwithstanding the foregoing, DXE may handle and transport Hazardous Materials normally and
customarily used in the development, construction and operation of railroad infrastructure,
including passenger stations, that are used, stored, transported and disposed of in accordance with
all applicable laws, building codes, regulations, ordinances, rules, directives, covenants, or
restrictions of record. As an example only, train infrastructure typically entails refueling
maintenance vehicles or using cleaning supplies for routine maintenance.
(b) DXE further agrees that at City's request it will furnish City with proof,
satisfactory to City, that DXE is in compliance with all such laws, rules, regulations, orders,
decisions and ordinances regarding Hazardous Materials.
(c) Notwithstanding anything else contained in this Agreement, DXE shall
indemnify, defend and hold harmless City from and against any and all claims, liabilities, losses,
damages, costs and expenses arising from or relating to injuries to any person, including wrongful
death, or damage to property, including without limitation, property of City and DXE, or otherwise
(including without limitation reasonable attorneys' fees, investigators' fees, litigation expenses,
and mitigation costs) resulting in whole or in part from DXE's failure to comply with DXE's
obligations under this Agreement with respect to Hazardous Materials, provided, however, that the
foregoing shall not apply to releases of Hazardous Materials by City Entities' active negligence or
willful misconduct or to Hazardous Materials not brought onto the Easement Area (as modified to
include and later exclude the portion of the 20 Foot Area on which the Driveway is located) by
DXE or its contractors. DXE agrees to reimburse City for all reasonable costs of any kind incurred
as a result of the DXE's failure to comply with this Section, including, but not limited to, judicial
or administrative fines, penalties, clean-up and disposal costs, and legal costs incurred as a result
of DXE's handling, transporting, or disposing of Hazardous Materials on, over, or across the
Improvements and or Milliken Avenue or adjacent property.
(d) City shall have the right at any time to inspect the Improvements in order to
monitor DXE's compliance with this Agreement.
11. Insurance. DXE shall obtain and maintain insurance, at its sole cost and expense,
as required in Exhibit "C" attached hereto.
12. Indemnity. DXE shall defend, indemnify and hold City and its officials, officers,
agents, employees and contractors free and harmless from and against any and all claims, demands,
causes of action, costs, liabilities, expenses, losses, damages or injuries of any kind in law or
equity, to persons or property, including wrongful death, in any manner arising out of or incident
to any acts, omissions or willful misconduct of DXE, its partners, affiliates, agents officials,
officers, employees or contractors in performance of this Agreement, use of the Easement Area
(as modified to include and later exclude the portion of the 20 Foot Area on which the Driveway
is located) or the construction, use, or operation of the Improvements or the failure to comply (or
failure of its contractors to comply) with California Labor Code Section 1720 et seq., including
without limitation Labor Code Section 1781. DXE shall further defend, indemnify and hold
harmless the City and its officials, officers, agents and employees from all claims, demands,
lawsuits, writs of mandamus, and other actions or proceedings (brought against the City or its
4881-4358-1477.18
378683.00002/9-27-22//mrf -6-
Page 228
departments, commissions, agents, officers, officials, or employees to challenge, attack seek to
modify, set aside, void or annul any City decision made in connection with this Agreement or
DXE's use of the Easement Area (as modified to include and later exclude the portion of the 20
Foot Area on which the Driveway is located) (based on noncompliance with the California
Environmental Quality Act or otherwise). DXE shall defend, with counsel reasonably acceptable
to City and at DXE's sole expense, any and all aforesaid suits, actions or proceedings, legal or
affirmative, that may be brought or instituted against City, its officials, officers, agents, employees
or contractors. DXE shall pay and satisfy any judgment, award or decree that may be rendered
against City, its officials, officers, agents, employees or contractors. DXE shall reimburse such
parties for any and all legal expenses and costs incurred by one or all of them in connection with
this Agreement or the indemnity herein provided. DXE's obligations hereunder shall survive
termination or expiration of this Agreement, and shall not be restricted to insurance proceeds, if
any, received by City or its officials, officers, agents or, employees or contractors.
13. Covenant Running With Land. This Agreement shall be deemed a covenant
running with the land with respect to the Easement Area (as modified to include and later exclude
the portion of the 20 Foot Area on which the Driveway is located), burdening said Easement Area
and benefitting the real property interests associated with the HSR System. All of the covenants,
obligations, and provisions of this Agreement shall be binding upon and inure to the benefit of
successors, legal representatives, assigns and successors -in -interest to the Parties. Every person
who now or hereafter owns or acquires any right, title, or interest in and to any portion of said
Easement Area shall be conclusively deemed to have notice of this Agreement, whether or not
reference to this Agreement is contained in the instrument by which such person acquires an
interest in said Easement Area. Therefore, each and every contract, deed or other instrument
hereinafter executed, covering or conveying said Easement Area or any portion thereof or interest
therein shall conclusively be deemed to have been executed, delivered and accepted subject to this
Agreement.
14. Estoppel Certificates. Each of the Parties hereto agrees, promptly upon request
from the other Parry hereto, to furnish from time to time in writing certificates containing truthful
estoppel information and/or confirmations of the agreements, obligations and easements contained
in this Agreement and otherwise in a form and substance reasonably satisfactory to the Party from
whom such certificate is sought.
15. Cooperation; Further Assurances. The Parties agree to execute any reasonable
documents necessary to effectuate or protect a Parry's rights under this Agreement.
16. Attorneys' Fees. In the event either Party brings a suit, action, or other proceeding
against the other Parry that in any way relates to or arises out of this Agreement, the prevailing
Party (meaning the Party that obtains substantially the relief sought by it) shall be entitled to have
and recover from the other Parry all reasonable costs and expenses of the suit, action or proceeding,
including attorneys' fees, from the commencement of the suit, action or proceeding through the
entry of judgment. The trial court shall determine which Parry is the prevailing Party as well as
the amount of attorneys' fees and costs to be awarded immediately following the entry of judgment
(and without awaiting any appeal) in a post -trial proceeding, such as is conducted when a cost bill
is submitted. If an appeal is timely filed and if the awarding or amount of attorneys' fees and costs
is at issue in the appeal, then the appellate court (or the trial court, acting pursuant to an order of
4881-4358-1477.18
378683.00002/9-27-22//mrf -7-
Page 229
the appellate court) shall determine such issue, and the recoverable attorneys' fees and costs shall
include those incurred through the entry of final judgment following the appeal.
17. Miscellaneous.
(a) Notices. All notices permitted or required under this Agreement shall be
given to the respective Parties at the following address, or at such other address as the respective
Parties may provide in writing for this purpose:
DXE: DesertXpress Enterprises, LLC
3920 W. Hacienda Ave.
Las Vegas, NV 89118
Attn: General Counsel
City: City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
Attn: City Manager
Such notice shall be deemed made when delivered by certified mail, return receipt requested, first
class postage prepaid, or by reputable overnight messenger delivery service, and addressed to the
Parry at its applicable address and shall be deemed delivered on the date of delivery or refusal to
accept or inability to effect delivery shown on the return receipt, or one (1) business day after
delivery to the messenger service for overnight delivery, as applicable.
(b) Entire Understanding. This Agreement constitutes the entire understanding
between the Parties, and supersedes all offers, negotiations, and other agreements concerning the
subject matter contained herein.
(c) Invalidily. If any provision of this Agreement is invalid or unenforceable
with respect to any Party, the remainder of this Agreement or the application of such provision to
persons other than those as to whom it is held invalid or unenforceable, shall not be affected and
each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by
law.
(d) Successors and Assigns. This Agreement shall be binding on and inure to
the benefit of the successors of the respective Parties. Except as set forth in Section 6 above, this
Agreement may not be assigned by either Parry without the prior written consent of the other Parry.
(e) Governing Law. Except on subjects preempted by federal law, this
Agreement will be governed by and construed in accordance with the laws of the State of
California. Nothing herein is meant to be or will be interpreted to be a waiver of principles of
legal preemption or preclusion that may apply to DXE because of its status as a common carrier
regulated by the federal government.
(f) Venue. Venue for any legal action between the Parties related to this
Agreement will be in the Superior Court of San Bernardino County, California or the United States
4881-4358-1477.18
378683.00002/9-27-22//mrf -8-
Page 230
District Court, Central District Court of California. The judgment in any such action may be
enforced by any court of competent jurisdiction wherever located.
(g) Exhibits. All exhibits attached hereto form material parts of this
Agreement.
(h) Time of Essence. Time is of the essence of every provision hereof in which
time is a factor.
(i) Survival. All defense, indemnity, and payment obligations of DXE that
arise or relate to events occurring prior to the termination of this Agreement shall survive such
termination.
0) Force Majeure. Notwithstanding anything to the contrary contained in this
Agreement, should any fire or other casualty, act of nature, earthquake, flood, hurricane (or tropical
cyclone), lightning, tornado, epidemic, landslide, war, terrorism, riot, civil commotion, general
unavailability of materials, strike, slowdown, labor dispute, governmental laws or regulations, or
other occurrence beyond City's or DXE's control prevent performance of obligations relating to
construction, repair, operation, maintenance, or demolition of the Improvements under this
Agreement in accordance with its provisions, provided that such event does not arise by reason of
the negligence or misconduct of the performing party, (a "Force Majeure Event") then
performance of this Agreement by either party will be suspended or excused to the extent and for
a period commensurate with such occurrence.
(k) Limits to Remedies. Under no circumstances shall either party be liable to
the other party under this Agreement for any speculative, consequential, collateral, indirect or
punitive damages or for any loss of profits suffered or claimed to have been suffered; provided,
however, the foregoing prohibitions shall not prohibit the recovery of any direct damages.
18. Property Taxes, Including Possessory Interest Taxes. This Agreement creates
a possessory interest that may be subject to possessory interest tax (a type of California property
tax), and DXE shall pay any such possessory interest taxes that may be assessed. If the
Improvements are taxed as an improvement on the Easement Area, DXE shall, upon demand, pay
such taxes allocable to the Improvements, as determined by the taxing authority. City shall
cooperate and assist DXE, at no costs to City, in any efforts to obtain a separate assessment for the
Improvements, including executing any reasonably required applications or reasonable
documents. DXE shall pay when due all personal property taxes levied against or relating to the
Improvements.
19. Termination. If the City and/or SBCTA revests title to the fee property owned by
DXE and described on Exhibit "D" attached hereto, this Agreement shall automatically terminate.
[Signature Page Follows]
4881-4358-1477.18
378683.00002/9-27-22//mrf -9-
Page 231
The Parties have executed this Agreement as of the date first written above.
DXE: CITY:
DESERTXPRESS ENTERPRISES, LLC, a CITY OF RANCHO CUCAMONGA,
Nevada limited liability company
Sarah Watterson
President
a California municipal corporation
By: , Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
Nicholas Ghirelli,
City Attorney
4881-4358-1477.18
378683.00002/9-27-22//mrf -1 0-
Page 232
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
County of
On , before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
4881-4358-1477.18
378683.00002/9-27-22//mrf -11-
Page 233
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
County of
On , before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
4881-4358-1477.18
378683.00002/9-27-22//mrf -12-
Page 234
EXHIBIT "A"
DESCRIPTION OF EASEMENT AREA
[SEE ATTACHED]
EXHIBIT "A°
4881-4358-1477.18
378683.00002/9-27-22//mrf - I -
Page 235
EXHIBIT `A'
Legal Description
APN: 0209-272-11 & 0209-272-22
That portion of Parcel 15 of Parcel Map No. 14647 in the City of Rancho Cucamonga,
County of San Bernardino, State of California, filed in Book 177, pages 90 through 96,
inclusive of Parcel Maps, in the Office of the County Recorder of said County, together
with those portions of Milliken Avenue, as shown on said Parcel Map No. 14647 and
Parcel Map No. 7555 in said City, filed in Book 77, pages 42 and 43, of Parcel Maps, in
the Office of the County Recorder of said County, together with the Rancho Cucamonga
Metrolink Station Phase I, in the Grant Deed recorded October 06, 1994, as Document
No. 1994-0409793, of Official Records of said County described as follows:
Commencing at the northeast corner of Section 13, of Township 1 South, Range 7 West,
San Bernardino Meridian, as shown on said Parcel Map No. 14647;
Thence along the easterly line of said Section 13 South 00°29'50" East 17.04 feet to the
Point of Beginning;
Thence continuing along said easterly line South 00°29'50" East 32.96 feet to the
intersection of the easterly prolongation of the northerly line of said Rancho Cucamonga
Metrolink Station Phase I;
Thence along said easterly prolongation line South 89°43'55 West 30.00 feet to the
northeasterly corner of said Rancho Cucamonga Metrolink Station Phase I;
Thence continuing along said northerly line South 89°43'55 West 12.83 feet;
Thence leaving said northerly line South 00°00'00" West 311.62 feet;
Thence North 89°36'24" East 45.54 feet to said easterly line of Section 13;
Thence continuing North 89°36'24" East 28.02 feet to the beginning of a non -tangent
curve, concave southeasterly, having a radius of 2,058.70 feet, a line radial to said
beginning bears North 73°05'58" West;
Thence northeasterly, along said curve an arc length of 379.13 feet through a central
angle of 10'33'06" to the southerly SANBAG (formerly A.T. & S.F.) Railroad Right -of -
Way, as shown on said Parcel Map No. 7555;
Page 1 of 2
Page 236
Thence along said southerly line South 87°55' 10" West 174.03 feet to the Point of
Beginning.
Parcel contains 46,425 square feet, more or less.
The bearings and distances used in the above description are based on the California
Coordinate System of 1983, (CCS83), Zone 5, 2010.0 epoch. Divide distances shown by
0.9999392898 to obtain ground distance.
See Exhibit `A-1' attached hereto and made a part hereof.
This real property description has been prepared by me, or under my direction, in
conformance with the Professional Land Surveyor's Act (Bus. & Prof. Code §8700).
o Seon 61_ Smith
Signature: cl
d
Sean M. Smith, PLS 8233
No. 8233
Date: 9/22/2022
Page 2 of 2
Page 237
EXHIBIT 'A-f
APN TYPE OF ESTATE AREA
0209-272-1I &
0209-272-22 EASEMENT 46,425 SF
R/W--\.
R/
NORTHEAST CORNER -
I
APNr 0209-143-2/ PHASE
NORTHERLY LINE RANCHO
CUCAMONGA METROLINK
STATION PHASE l
DER DOC. NO. 1994-0409793, O.R., L4
4EC. 1010611994 7R
DOC. NO. 1994-0409793, O.R.,
REC. 1010611994
f--APNr 0209-272-11
NORTHERLY LINE J
PARCEL 15
EASTERLY LINE
PHASE I
APNt 0209-272-22
PARCEL 15
PARCEL JVJAP NO �
PAVJ,S, 1%7/ )0- )6
EASTERLY LINE PARCEL l5 -
LINE TABLE
NO.
BEARING
DISTANCE
L/
S00°29'50"E
17.04'
L2
S00°29'50"E
32.96'
L3
S89°43'55"W
30.00,
L4
S89°43'55"W
12.83'
L5
S0010010011W
311.62'
L6
N89°36'24"E
45.54'
L7
N89°36'24"E
28.02'
L8
S87°55'10"W
Ln
J
z
\--APNt 0229-111-20
POC
NORTHEAST
LI COR. SEC. l3
PC
L8
30,
;ter C_1 1 3 EASTERLY LINE
r 1 G R Jljll SECTION /3
5 1v1 AZUSA COURT
CITY OF RANCHO CUCAMONGA
` N73°05'58"W (R)
W
J �
J Z
O�
1 13
T Js, R,61)u,
S�D 1
rl J1\AJ
SOUTHERLY LINE OF A.T. &
S.F. (NOW SANBAG) R/W
PARCEL MAP NO. 7555
PER P.M.B. 77142-43
PARCEL 1
PARCEL 1V1AP
No, 55)5
PAV1,8, _JV42-43
LAivq
COUNTY OF SAN BERNARDINO
l�NAL
SG9
LEGEND
��v G
�p
THIS PLAT WAS PREPARED
0-
Indicates area to be
UNDER MY DIRECTION
SEAN M. SMITH
acquired
*
No. 8233
POC
Point Of Commencement
POB
Point of Beginning
� 9/27/2022
SF
Square Feet
SEAN M. SMITH, PLS 8233 DATE
OF CAO-
R/W
Right -of -Way
(R)
Radial Bearing
FEET 0 50 100 200
300
PREPARED BY: PREPARED SCALE SHEET NO. TOTAL
P S O M A S BY SHEETS
1650 Spruce Street, Suite 400
Riverside, California 92507 TKR l"=100' l l
(951)787-8421 www.psomos.com
Page 238
EXHIBIT "B"
DESCRIPTION OF 20 FOOT AREA
[SEE ATTACHED]
EXHIBIT "B„
4881-4358-1477.18
378683.00002/9-27-22//mrf -I- Page 239
EXHIBIT `B'
Legal Description
APN: N/A
That portion of "Additional Widening to Milliken Avenue" shown on Parcel Map No.
7555, in the City of Rancho Cucamonga, County of San Bernardino, State of California,
filed in Book 77, pages 42 and 43, of Parcel Maps, in the Office of the County Recorder
of said County, described as follows:
Commencing at the northeast corner of Section 13, Township 1 South, Range 7 West,
San Bernardino Meridian, as shown on said Parcel Map;
Thence along the easterly line of said Section 13 South 00°29'50" East 17.04 to the
southerly line of A.T. & S.F. Railroad Right -of -Way as shown on said Parcel Map;
Thence along said southerly line North 87°55' 10" East 174.03 feet to the beginning of a
non -tangent curve, concave southeasterly, having a radius 2,058.70 feet, a radial line to
said beginning bears North 62°32'52" West, said beginning also being the Point of
Beginning;
Thence southwesterly, along said curve an arc length of 379.13, feet through a central
angle of 10°33'06' ;
Thence leaving said curve North 89°36'24" East 20.96 feet to the beginning of a non -
tangent curve, concave southeasterly, having a radius of 2,038.70 feet, a radial line to
said beginning bears North 72°55'27" West, said curve being concentric with and distant
20.00 feet southeasterly, as measured radially, to last said curve course;
Thence northeasterly, along said curve, an arc length of 380.57 feet, through a central
angle of 10'41'44" to said southerly line;
Thence along said southerly line South 87°55' 10" West 23.02 feet to the Point of
Beginning.
Parcel contains 7,597 square feet, more or less.
The bearings and distances used in the above description are based on the California
Coordinate System of 1983, (CCS83), Zone 5, 2010.0 epoch. Divide distances shown by
0.9999392898 to obtain ground distance.
Page 1 of 2
Page 240
See Exhibit `B-F attached hereto and made a part hereof.
This real property description has been prepared by me, or under my direction, in
conformance with the Professional Land Surveyor's Act (Bus. & Prof. Code §8700).
v,
Signature: � se4� M. Smith a
Sean M. Smith, PLS 8233
W. $233
Date: 9/27/2022
-f
Page 2 of 2
Page 241
EXHIBIT 'B-1'
PARCEL TYPE OF ESTATE AREA
N/A EASEMENT 7,597 SF
NORTHEAST
COR. SEC. /3
EASTERLY LINE
SECTION /3
LINE TABLE
NO.
BEARING
DISTANCE
Ll
S00°29'50"E
17.04'
L2
N87°55'10"E
174.03'
L3
N89°36'24"E
20.96'
L4
S87°55'10"W
23.02'
SEC 13
7 , l S j7� l �d1
S , IV]
AZUSA COURT
CITY OF RANCHO CUCAMONGA
COUNTY OF SAN BERNARDINO
LEGEND
®
Indicates area to be
acquired
POC
Point Of Commencement
POB
Point of Beginning
SF
Square Feet
(R)
Radial Bearing
R/W
Right -of -Way
PREPARED
BY:
P S
O M A S
1650 Spruce Street, Suite 400
Riverside,
California 92507
f951)787-8421
www.psomos.com
R
Nr 0229-111-20
P0B L4'
L2 �i
SOUTHERLY LINE OF
A.T.&S.F. (NOW SANBAG) R/W
HL H HAHUL L MAY NU. / 555
P.M.B. 77142-43
_R/W
\ N62a13'44"W (R)
N'LY LINE
\N62°32'52"W-(R)
OF SEC. 18,
T.1S., R.6W.
^0)
ai
Q p>
O' �p
^�
\�\ p�0
A
v 1�OQ R N
�
%O
vJ(V R
V ^p
p�h v
O\v�p ^
N
J
N72a55'27"W (R)
� L3
N73°05'58"W (R)
r C 1 13
7, IS, R, )IA
iJ�81 ]VI
PARCEL J
PARCEL JVJAP
NLJ ,, IJJJ
P 1\/1,� lJ/'J�—'f
AL LANp SG
THIS PLAT WAS PREPARED a p
UNDER MY DIRECTION SEAN M. SMITH
* No. 8233
9/28/2022 .91
SEAN M. SMITH, PLS 8233 DATE OF CA0
FEET 0 50 100 200 400
PREPARED SCALE SHEET NO. TOTAL
BY SHEETS
TKR l"=100' 1 /
Page 242
EXHIBIT "C"
REQUIRED INSURANCE
(a) Prior to Construction. On or before DXE's entry onto the Easement Area, DXE
shall procure and maintain, at its sole cost and expense, the following insurance:
(1) Commercial General Liability (CGL) with a limit not less than twenty-five
million dollars ($25,000,000) per each occurrence and a general aggregate limit of not less than
twenty-five million dollars ($25,000,000) providing coverage for bodily injury, property damage,
and personal injury through any combination of primary and excess or umbrella liability insurance
policies with limits restating annually. The CGL insurance must be written on an ISO occurrence
form CG 00 0104 13 or (with approval from City) substitute forms at least as broad as CG 00 01
0413 coverage. All excess or umbrella policies must be "follow form" and afford no less coverage
than the primary policy. Such CGL must provide coverage to the Indemnified Parties as additional
insureds using ISO Additional Insured Endorsement CG 20 10. Coverage shall be provided to the
Indemnified Parties for claims proximately caused by reason of the uses authorized by this
Agreement and the location and placement of improvements within the Easement Area, unless
caused by an Indemnified Party's gross negligence or willful misconduct.
(b) Insurance During Construction. Prior to commencing physical construction within
the Easement Area, DXE shall procure or cause to be procured and maintained throughout
construction the following insurance coverage:
(1) Liability Insurance. Commercial General Liability (CGL) with a limit not
less than three hundred million dollars $300,000,000 each occurrence, three hundred million
dollars ($300,000,000) products and completed operations aggregate, and a general aggregate limit
of not less than three hundred million dollars ($300,000,000) providing coverage for bodily injury,
property damage, and personal injury through any combination of primary and excess or umbrella
liability insurance policies with one reinstatement general aggregate limit for the period of the
policy(ies) term. Such policies must be project -specific with dedicated limits to the Project. The
CGL insurance must be written on an ISO occurrence form CG 00 0104 13 or (with approval from
City) substitute forms providing equivalent coverage. All excess or umbrella policies must be
"follow form" and afford no less coverage than the primary policy. Such CGL must cover the
Indemnified Parties as additional insureds using ISO Additional Insured Endorsement CG 20 26
or 20 10 and accompanied by 20 37 or equivalent forms with approval from City providing
coverage to the additional insured for completed operation losses. Coverage must be provided to
the Indemnified Parties for claims proximately caused by reason of the uses authorized by this
Agreement, unless caused by an Indemnified Party's gross negligence or willful misconduct.
The policy or policies shall be endorsed to remove exclusions pertaining to any railroads.
There must not be any endorsement or modification of the CGL limiting the scope of coverage for
liability assumed under an insured contract. Completed operations coverage must extend for as
long as there is any exposure to liability under a statute of repose or any other applicable statute
of limitations. If completed operations coverage through the end of statutory exposure is not
commercially available, completed operations coverage must extend for at least ten (10) years
from the completion date of the Project. All excess or umbrella policies must contain a drop -down
clause in the event of exhaustion of primary limits and provide coverage for primary CGL.
4881-4358-1477.18 EXHIBIT "C"
378683.00002/9-27-22//mrf -I- Page
I -
Page 243
(2) Commercial Automobile Insurance. During all phases of the Project, DXE
shall provide evidence of commercial business auto coverage written on ISO form CA 00 01 10
01 (or, with approval from City, substitute form providing equivalent liability coverage) with a
limit not less than one million dollars ($1,000,000) for each accident. Such insurance must cover
liability arising out of any auto (including owned, hired, and non -owned autos). The policy must
contain an endorsement for coverage to operations in connection with a railroad and an
endorsement to cover liabilities arising out of the Motor Carrier Act - Hazardous materials clean
up (MCS-90) with a sublimit of no less than one million dollars ($1,000,000). During all phases
of the Project, DXE shall require its general contractor to provide (and shall ensure that its general
contractor does provide) evidence of commercial business auto coverage written on ISO form CA
00 01 10 01 (or, with approval from City, substitute form providing equivalent liability coverage)
with a limit not less than twenty-five million dollars ($25,000,000) for each accident. Such
insurance must cover liability arising out of any auto (including owned, hired, and non -owned
autos) and can be satisfied by a combination of primary and excess and/or umbrella policies. The
policy(ies) must contain an endorsement for coverage to operations in connection with a railroad
and an endorsement to cover liabilities arising out of the Motor Carrier Act - Hazardous materials
clean up (MCS-90) with a sublimit of no less than one million dollars ($1,000,000). All excess or
umbrella policies shall contain a drop -down clause in the event of exhaustion of primary limits
and provide coverage for primary auto liability.
(3) Workers' Compensation and Employers Liability Insurance. During all
phases of the Project, DXE shall provide evidence of Workers' Compensation insurance as
required under California statute including coverage for Employer's Liability with limits of at least
one million dollars ($1,000,000) each accident, one million dollars ($1,000,000) each employee
by disease, and a policy limit of one million dollars ($1,000,000) by disease. The excess liability
policy must include employer's liability coverage limits to at least twenty-five million dollars
($25,000,000) and can be satisfied by a combination of primary and excess and/or umbrella
policies.
The workers' compensation policies must provide the following:
a. A waiver of subrogation in favor of City and the Indemnified Parties;
b. A provision extending coverage to all states' operations;
C. A voluntary compensation endorsement;
d. An alternative employer endorsement, if applicable to DXE
operations;
e. Coverage for liability under the United States Longshore and Harbor
Workers' Compensation Act on an "if any" basis or as otherwise
appropriate;
f. Coverage for liability under Title 46 of the U.S.C. § 688 ("Jones Act") on
4881-4358-1477.18 EXHIBIT "C°
378683.00002/9-27-22//mrf -2-
Page 244
an "if any" basis or as otherwise appropriate; and
g. An endorsement extending the policy to cover the liability of the insureds
under the Federal Employer's Liability Act on an "if any" basis or as
otherwise appropriate.
(4) Professional Liability Insurance. During all phases of the Project, DXE
shall provide evidence of professional liability insurance, including prior acts coverage sufficient
to cover all claims arising out of any professional services, including without limitation
engineering, architectural, or land surveying work required in constructing the Project on the
Easement Area, procured, and maintained by those third parties performing such work for or on
behalf of DXE. For the lead design contractor for the improvements in privity with DXE, the
coverage must not be less than ten million dollars ($10,000,000) per claim and in the aggregate.
For environmental assessments, land surveying work and any other site work, the coverage must
not be less than two million dollars ($2,000,000) per claim and in the aggregate. For architectural,
geotechnical engineers, and electrical engineers, the coverage must not be less than two million
dollars ($2,000,000) per claim and in the aggregate. For structural engineers and civil engineers
relating to the Project, the coverage must not be less than five million dollars ($5,000,000) per
claim and in the aggregate. DXE shall also require any member of its design build team, any
subconsultant, or any subcontractor performing professional design services for any portion of the
Project, to obtain and maintain (and shall ensure that they do obtain and maintain) professional
liability insurance providing the same coverage, with limits of at least one million dollars
($1,000,000) per claim and in the aggregate. DXE shall procure and maintain a project specific
Owner's Protective Professional Indemnity (OPPI) policy that provides coverage with limits of at
least twenty-five million dollars ($25,000,000) per claim and in the aggregate for claims arising
out of the liability of design and construction professionals. Such coverage must include coverage
for claims filed directly against DXE by third -parties alleging negligence (arising from
professional services of design firms).
No self -insured retention for DXE or any lead design entity is permitted to exceed five
hundred thousand dollars ($500,000), unless commercially unavailable and without prior written
approval from City, in its good faith discretion. Coverage must apply specifically to professional
activities performed or contracted by DXE in support of the Project. The policy(ies) must have a
retroactive date consistent with the inception of the first date of design or project or construction
management activities, and no later than the date on which any contract or subcontract was issued.
DXE agrees to maintain or to require its design professionals, subconsultants, or design -build
subcontractors to maintain (and shall ensure that they do maintain), as appropriate, this required
coverage for a period of no less than three years after the commencement of revenue service or to
purchase an extended reporting period for no less than three years after the commencement of
revenue service. If the contractor is working with a separate lead design entity, contractor must
(and DXE shall ensure that contractor does) require the lead design entity to agree to maintain this
coverage for a period of no less than three (3) years after the commencement of revenue service
or to purchase an extended reporting period for no less than three (3) years after the commencement
of revenue service.
4881-4358-1477.18 EXHIBIT "C°
378683.00002/9-27-22//mrf -3- Page
3-
Page 245
(5) Contractor's Pollution Liability. DXE shall procure or cause to be procured
contractor's pollution liability ("CPL") coverage throughout the period of construction. Coverage
must be provided by a stand-alone policy with Project dedicated limits of no less than twenty-five
million dollars ($25,000,000) per occurrence and twenty-five million dollars ($25,000,000) in the
aggregate per policy period dedicated to the Project. Coverage must be written on an occurrence
basis and extended for a minimum ten (10) year period with a separate limit available exclusively
to the Project. The CPL policy must include coverage for investigation, removal, and remediation
costs including monitoring or disposal of contaminated soil, surface water, groundwater or other
media to the extent required by environmental laws caused by pollution conditions resulting from
or exacerbated by covered operations; third -party bodily injury and property damage, provided
that the third -party property damage liability coverage includes loss of use of damaged property
or of property that has not been physically injured or destroyed, resulting from pollution conditions
caused by or from conditions exacerbated by covered operations. The policy must have no
exclusions or limitations for loss occurring over water including but not limited to a navigable
waterway or for lead or asbestos. Coverage as required in this Section shall apply to sudden and
non -sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes,
acids, alkalis, toxic chemicals, liquids, or gases, waste materials, or other irritants, contaminants,
or pollutants. The CPL policy must also provide coverage for losses due to loading, unloading or
transportation and liability imposed by off -site disposal of materials at a third -party disposal site
including testing, monitoring, measuring operations or laboratory analysis and remediation. If the
scope of work includes the disposal of any hazardous or non -hazardous materials from the job site,
DXE shall furnish City evidence of pollution legal liability insurance maintained by the disposal
site operator for losses arising from the insured facility accepting the materials, with coverage in
minimum amounts of five million dollars ($5,000,000) per loss and an annual aggregate of five
million dollars ($5,000,000).
(6) Railroad Protective Liability. DXE shall provide, or cause to be maintained,
any coverage as may be required by any railroad as a condition of the railroad's consent for entry
onto railroad facilities or property. Such policy shall be effective during the period any
construction is being performed within 50 feet of any railroad ROW. Coverage shall be written
on Insurance Services Office occurrence Form CG 00 35 (or, with approval from City, substitute
form providing equivalent coverage) on behalf of any railroad as a named Insured, with a limit
specified by any railroad. 20.2.1.7.
(7) Builder's Risk Insurance. DXE shall, upon commencement of construction
and with approval of City, obtain and maintain a policy of builder's risk insurance for the Project.
Coverage shall be written on an "all risk" basis and provided through a stand-alone policy
dedicated solely to the Project. The insureds must include the contractor, all subcontractors
(excluding those solely responsible for design work) of any tier, suppliers, and SBCTA, and City.
Coverage must include property owned by City and the Indemnified Parties that is part of the
Project and must not be limited by use of the phrase "as their interests may appear." The policy
must cover all property, roads, buildings, bridge structures, other structures, fixtures, materials,
supplies, foundations, pilings, machinery and equipment (excluding contractor's equipment) that
are part of or related to the portions or elements of the Project, and the works of improvement,
including permanent and temporary works and on -site materials, and including goods intended for
4881-4358-1477.18 EXHIBIT "C"
378683.00002/9-27-22//mrf -4-
Page 246
incorporation into the works located at the Easement Area, in storage or in the course of transit to
the Easement Area and all improvements that are within the Easement Area.
The builder's risk policy must include coverage for:
a. Any ensuing loss from faulty workmanship or nonconforming work,
including L.E.G. 3 wording;
b. Machinery accidents and operational testing involving equipment covered
by the policy;
C. Removal of debris, with a sublimit of twenty-five percent (25%) of the loss
subject to a limit of twenty-five million dollars ($25,000,000) and insuring the buildings,
structures, machinery, equipment, materials, facilities, fixtures and all other properties
constituting apart of the Project;
d. Transit, including ocean marine coverage (unless insured by the supplier
or through a separate marine cargo policy), with sub -limits sufficient to insure the full
replacement value of any key equipment item;
e. Replacement value of any property or equipment stored either on or off the
Easement Area;
f. Coverage limits sufficient to insure for the following perils subject to
applicable sub -limits for these perils based on the probable maximum loss of the insured
property:
• Collapse;
• Terrorism;
• Earthquake;
• Flood;
g. Plans, blueprints and specifications; and
h. Demolition and increased cost of construction as required by law or
ordinance subject to applicable sub -limits.
There must be no coinsurance penalty provision in any such policy. All deductibles or
self -insured retentions must be the sole responsibility of DXE.
The policy must provide a "severability of interests provision," "multiple insured's clause"
or similar wording that the policy is to apply to each insured as if a separate policy had been issued
to each insured except as to limits.
DXE shall also require the general contractor and its subcontractors to procure and
maintain (and shall ensure that they do procure and maintain) coverage for tools and equipment
4881-4358-1477.18 EXHIBIT "C"
378683.00002/9-27-22//mrf -5-
Page 247
owned, leased or used by the general contractor or subcontractors in the performance of their work
under this contract.
Upon completion of construction of the Project and prior to commencing operations of the
Project within the Easement Area, DXE shall provide evidence of "all risk" property insurance
covering the Project/Improvements, with coverage sufficient to cover the probable maximum loss
of such improvements and alterations made by DXE pursuant to the terms hereof, which must
include "all risk" coverage using the ISO Causes of Loss - Special Form or (with approval from
City) its equivalent, as well as flood insurance, subject to applicable sub -limits for natural hazard
exposures based on the probable maximum loss of such improvements.
(c) Insurance During Operations. Upon the commencement of revenue service
operations, DXE shall procure and maintain, at its sole cost and expense, Commercial General
Liability (CGL) with a limit not less for personal injury, death, and property damage in an amount
not less than three hundred twenty-three million dollars ($323,000,000), or such other limit of
liability as Congress may establish from time to time applicable to DXE's passenger rail
operations. Such policy or policies must provide coverage to all Indemnified Parties as additional
insureds. All excess or umbrella policies must be "follow form" and afford no less coverage than
the primary policy and the policies up to three hundred twenty-three million dollars $323,000,000
must include one reinstatement limit for the period of the policy(ies) term.
(d) Self Insurance. The policy or policies under which coverage required by this
Agreement is provided may include a deductible or self -insured retention not in cumulative excess
of ten million dollars ($10,000,000) on the condition that:
(1) Each insurance policy expressly provides that the obligations of the policy
issuer to City as an additional insured are not to be diminished in any way by DXE's failure to pay
its deductible or self -insured retention obligation for any reason;
(2) DXE provides a declaration under penalty of perjury by a Certified Public
Accountant (CPA) acceptable to City and who shall apply a Fiduciary Standard of Care, certifying
the accountant has applied Generally Accepted Accounting Principles (GAAP) guidelines
confirming that DXE has sufficient funds and resources to cover any self -insured retentions if the
cumulative self -insured retentions from all required insured policies are in excess of one million
dollars ($1,000,000); and
(3) DXE promptly pays any and all amounts due under such deductible or self -
insured retention in lieu of insurance proceeds that would have been payable if the insurance
policies had not included a deductible or self -insured retention amount.
(e) Definition of "Self Insurance". As used in this Agreement, "self insurance" means
that DXE is itself acting as if it were the insurance company providing the insurance required under
the provisions of this Agreement.
(f) Evidence of Insurance. In accordance with the insurance requirements above, DXE
shall furnish evidence of insurance reasonably acceptable to City before DXE enters the Easement
4881-4358-1477.18 EXHIBIT "C"
378683.00002/9-27-22//mrf -6-
Page 248
Area, before commencing physical construction of the Project within the Easement Area, and
before the beginning of operations, as applicable. DXE shall provide City with satisfactory
evidence of renewal or replacement insurance no later than thirty (30) days after the expiration or
termination of such insurance. DXE shall submit full copies of the commercial general liability
policy, excess/umbrella liability policy, builder's risk policy, and the project -specific professional
liability policy or binders with full specimen copies of the forms for each policy until such time as
full copies of the policies are available. This requirement applies prior to DXE starting work on
the Project, including all subsequent renewal policies. Certificates of insurance are required for
all other lines of insurance. If, through no fault of DXE, any of the coverage required becomes
unavailable, DXE shall provide good faith alternative insurance packages and programs, subject
to prior approval by City, with the goal of reaching agreement on a package providing coverage
equivalent to that specified herein.
(g) Additional Insured Coverage. All policies, except those for Workers'
Compensation and Professional Liability insurance, must be endorsed by ISO Form CG 20 10 11
85, or if not available, then ISO Form CG 20 38, to name the Indemnified Parties as additional
insureds. With respect to general liability arising out of or connected with work or operations
performed by or on behalf of DXE under this Agreement, coverage for such additional insureds
must not extend to liability to the extent prohibited by section 11580.04 of the Insurance Code.
The additional insured endorsements must not limit the scope of coverage for City to vicarious
liability but shall allow coverage for City to the full extent provided by the policy.
(h) Waiver of Subrogation Rights. To the fullest extent permitted by law, DXE hereby
waives all rights of recovery under subrogation against the additional insureds named herein, and
any other tenant, contractor, subcontractor or sub -subcontractor performing work or rendering
services on behalf of City, in connection with the planning, development and construction of the
Project. To the fullest extent permitted by law, DXE shall require similar written express waivers
and insurance clauses from each of its subcontractors of every tier. DXE shall require all of the
policies and coverages required in this Section to waive all rights of subrogation against the
additional insureds (ISO Form CG 24 04 05 09). Such insurance and coverages provided must not
prohibit DXE from waiving the right of subrogation prior to a loss or claim.
(i) Eligible Insurers. If policies are written by insurance carriers authorized and
admitted to do business in the state of California, then the insurance carriers must have a current
A.M. Best rating of A-VIII or better and if policies are written by insurance carriers that are non -
admitted but authorized to conduct business in the state of California, then they must meet the
current A.M. Best rating of A-:X or better, unless otherwise approved in writing by City. DXE
shall furnish to City, not less than fifteen (15) days before the date the insurance is first required
to be carried by DXE, and thereafter before the expiration of each policy, true and correct
certificates of insurance, using the appropriate ACORD form of certificate or its equivalent,
evidencing the coverages required under this Section, with a copy of each policy, if requested by
City. Such certificates must provide that should any policies described therein be cancelled before
the expiration date thereof, notice is to be delivered to the certificate holder by the insurer in
accordance with the policy provisions regarding same. Further, DXE agrees that the insurance
coverage required hereunder is not to be terminated or modified in any material way without thirty
(30) days advance written notice from DXE to City.
4881-4358-1477.18 EXHIBIT "C"
378683.00002/9-27-22//mrf -7-
Page 249
(j) Cure. If DXE fails to procure and maintain insurance required under this
Agreement or fails to meet its obligations with respect to any deductible or self -insured retention
amount under this Agreement, subject to the provisions herein, City is entitled, after thirty (30)
days prior written notice to DXE of DXE's default hereunder and DXE's failure to cure such
default within said thirty (30) days, ten (10) days for non-payment, to require DXE to immediately
discontinue all construction activities related to the Project and immediately discontinue operation
of the Project until DXE has provided City reasonably satisfactory evidence that the required
insurance has been obtained and the other obligations of DXE under this Section have been met.
No cessation of construction or operations required by City under this Section releases or relieves
DXE of any of its other obligations under this Agreement.
4881-4358-1477.18 EXHIBIT "C"
378683.00002/9-27-22//mrf -8-
Page 250
EXHIBIT "D"
DESCRIPTION OF THE FEE PROPERTY
[SEE ATTACHED]
EXHIBIT "D•°
4881-4358-1477.18
378683.00002/9-27-22//mrf - I -
Page 251
EXHIBIT `D-1'
Legal Description
APN: 0209-143-21
That portion of the SANBAG (formerly A.T. & S.F.) Railroad Right -of -Way, as shown
on Parcel Map No. 14647, filed in Book 177, pages 90 through 96, inclusive of Parcel
Maps, in the Office of the County Recorder of San Bernardino County, within Section
13, Township 1 South, Range 7 West, San Bernardino Meridian, in the City of Rancho
Cucamonga, County of San Bernardino, State of California, described as follows:
Commencing at the northeast corner of said Section 13;
Thence along the easterly line of said Section 13 South 00°29'50" East 50.00 feet to the
easterly prolongation of the northerly line of the land described as Rancho Cucamonga
Metrolink Station Phase I, in the Grant Deed recorded October 06, 1994, as Document
No. 1994-0409793, of Official Records of said County;
Thence along said easterly prolongation South 89°43'55" West 30.00 feet to the
northeasterly line of said Rancho Cucamonga Metrolink Station Phase I;
Thence continuing along said northerly line South 89°43'55" West 12.83 feet to the
Point of Beginning;
Thence continuing along said northerly line South 89°43'55" West 346.26 feet;
Thence leaving said easterly prolongation North 00' 10'37" West 3 3.3 8 feet;
Thence North 87°50'29" East 346.61 feet;
Thence South 00°00'00" East 44.81 feet to the Point of Beginning;
Parcel contains 13,539 square feet, more or less.
The bearings and distances used in the above description are based on the California
Coordinate System of 1983, (CCS83), Zone 5, 2010.0 epoch. Divide distances shown by
0.9999392898 to obtain ground distance.
See Exhibit `D-2' attached hereto and made a part hereof.
Page 1 of 2
Page 252
This real property description has been prepared by me, or under my direction, in
conformance with the Professional Land Surveyor's Act (Bus. & Prof. Code §8700).
LAn6
$eon M. Smith
Signature:
Sean M. Smith, PLS 8233
No. 8233
Date: 9/27/2022
If
Page 2 of 2
Page 253
EXHIBIT ' D-2 '
APN I TYPE OF ESTATE AREA
0209-143-21 FEE 1 13,539 SF
R/W
SOUTHERLY LINE OF A.T. & S.F.
(NOW SANBAG) R/W
PER DOC. NO. 1994-0409793, O.R.
APN: 0209-143-2/ REC. 1010611994
NORTHERLY LINE OF N87°50'29"E 346.61'
SEC 13 T.IS. R.7W. S.B.M.
R/WJ
APN-, 0209-272-11
DOC. NO. 1994-0409793, O.R.
REC. 1010611994
LINE TABLE
NO.
BEARING
DISTANCE
Ll
S00°29'50"E
50.00'
L2
S89°43'55"W
12.83'
L3
NOO°10'37"W
33.38,
L4
S00°00'00"E
44.81'
CITY OF RANCHO CUCAMONGA
COUNTY OF SAN BERNARDINO
LEGEND
Indicates area to be
acquired
POC
Point of Commencement
POB
Point of Beginning
SF
Square Feet
R/W
Right -of -Way
PREPARED BY:
P S
O M A S
1650 Spruce Street, Sure 400
Riverside, Collfornlo 92507
(951)787-8421 www.psomos.com
S89°43'55"W
NORTHEAST
COR. SEC. /3
L2
S89°43'55"W 30.00'
Z
W
te r .('./ 13 __ r3
TI lS R lVAJ, SrC 1
�,� loll ,, z T, lS, R �I,11
Lv S , lVJ
15
PARCEL JVJAP NO, J 64' 7
F I 1\11 , Eil I 1 l7/ 9 0 - )6 o
EASTERLY LINE
SECTION /3
- AZUSA COURT
THIS PLAT WAS PREPARED
UNDER MY DIRECTION
o�AL LAND
9/27/2022 �
SEAN M. SMITH, PLS 8233 DATE a SEAN M. SMITH
* No. 8233
FEET 0 50 100 200 300 �It
PREPARED SCALE SHEET NO. TOTAL F OF CAS-\FO
BY SHEETS
TKR
APN) 0209-272-22
Page 254
EXHIBIT `D-3'
Legal Description
APN: 0209-272-11 & 0209-272-22
That portion of Parcel 15 of Parcel Map No. 14647 in the City of Rancho Cucamonga,
County of San Bernardino, State of California, filed in Book 177, pages 90 through 96,
inclusive of Parcel Maps, in the Office of the County Recorder of said County, together
with a portion of the land described as Rancho Cucamonga Metrolink Station Phase I, in
the Grant Deed recorded October 06, 1994, as Document No. 1994-0409793, of Official
Records of said County, described as follows:
Commencing at the northeast corner of Section 13, of Township 1 South, Range 7 West,
San Bernardino Meridian, as shown on said Parcel Map;
Thence along the easterly line of said Section 13, South 00°29'50" East 50.00 feet to the
intersection of the easterly prolongation of the northerly line of said Rancho Cucamonga
Metrolink Station Phase I;
Thence along said easterly prolongation line South 89°43'55 West 30.00 feet to the
northeasterly corner of said Rancho Cucamonga Metrolink Station Phase I;
Thence continuing along said northerly line South 89°43'55 West 12.83 feet to the Point
of Beginning;
Thence South 00°00'00" West 311.62 feet;
Thence South 89°36'24" West 273.01 feet;
Thence South 00°00'06" East 243.01 feet;
Thence North 89°36'24" East 273.00 feet;
Thence South 00°00'00" West 13.88 feet to the southeasterly line of Parcel 15 per said
Parcel Map;
Thence along said southeasterly line South 46°46'47" West 23.71 feet to the southerly
line of said Parcel 15;
Page 1 of 2
Page 255
Thence along said southerly line South 89°36'24" West 269.11 feet to the beginning of a
tangent curve, concave northeasterly, having a radius of 117.00 feet;
Thence northeasterly, along said curve, being the southwesterly line of said Parcel 15,
through a central angle of 29°43'39" an arc length of 60.70 feet;
Thence leaving said southerly line North 00°10'37" West 569.98 feet to said northerly
line of the Rancho Cucamonga Metrolink Station Phase I;
Thence along said northerly line North 89°43'55 East 346.26 feet to the Point of
Beginning;
Parcel contains 135,265 square feet, more or less.
The bearings and distances used in the above description are based on the California
Coordinate System of 1983, (CCS83) , Zone 5, 2010.00 epoch. Divide distances shown by
0.9999392898 to obtain ground distance.
See Exhibit `D-4' attached hereto and made a part hereof.
This real property description has been prepared by me, or under my direction, in
conformance with the Professional Land Surveyor's Act (Bus. & Prof Code §8700)
LA
0 Sego AI_ Smith
Signature:
Sean M. Smith, PLS 8233
No, 8233 1
Date: 9/27/2022
Page 2 of 2
Page 256
EXHIBIT 'D-4 '
APN TYPE OF ESTATE AREA
0209-272-22 FEE TOTAL: 135,265 SF
P
NORTHERLY LINE RANCHO CUCAMONGA NORTHEAST
FPN: 0209-145-2/ METROLINK STATION PHASE 1 COR. SEC. 13
PER DOC. NO. 94-409793, O.R., L/ R/W
REC. 0/06/1994 N89°43'S5"E 346.27'� 2
R/W--
APN-' 0209-272-11
DOC. NO. 94-409793, O.R.,
REC. 1010611994
LINE TABLE
NO.
BEARING
DISTANCE
LI
S00°29'50"E
50.00'
L2
S89°43'55"W
30.00,
L3
S89°43'55"W
12.83,
L4
S00°00'00"W
/3.88'
L5
S46°46'47"W
23.71'
�r(J r r 13
T� 1S,
s , loll
NORTHWESTERLY
LINE PARCEL 15
CURVE TABLE
NO.
I DELTA
RADIUS
LENGTH
Cl
29-43'39-
117.00'
60.70'
CITY OF RANCHO CUCAMONGA
COUNTY OF SAN BERNARDINO
LEGEND
®
Indicates area to be
acquired
POC
Point Of Commencement
POB
Point of Beginning
SF
Square Feet
R/W
Right -of -Way
PREPARED BY:
P S
O M A S
1650 Spruce Street, Suite 400
Riverside,
California 92507
f951)787-8421 www.psomos.com
NORTHEAST
COR. PH. l
30'
W z
J
N
L J�
Wiu
�
Q titn
cn¢
o
¢x
Z WQ'
o
LU
o
o
�
�
J
O
Lo
o
O
o
t
S89°36'24"W 273.0,
o
W
o
2
30,
J
�
O
APNt 209-272-22
J
J
W
W
W O
ti ti
o
PARDr I 1\11AF �10, 1'; )
1
w �
o
iJ1�IlJIll/JO-)�
0
SOUTHERLY LINE
PAREL 15
N89C36'24"E 273.00'
L4
S89°36'24"W 269.11' ih --
----� AzusA -couRr------- J
AL LAND S
THIS PLAT WAS PREPARED a� o
UNDER MY DIRECTION SEAN M. SMITH
* No. 8233
9/27/2022 A �
SEAN M. SMITH, PLS 8233 DATE
9TF OF CAL1�`oQ`
FEET 0 100 200
PREPARED SCALE
BY
AU
400 600
SHEET NO. TOTAL
SHEETS
Page 257
EXHIBIT `D-5'
Legal Description
APN: 0209-272-22
That portion of Parcel 15 of Parcel Map No. 14647, in the City of Rancho Cucamonga,
County of San Bernardino, State of California, filed in Book 177, pages 90 through 96,
inclusive, of Parcel Maps, in the Office of the County Recorder of said County, described
as follows:
Commencing at the northeast corner of Section 13, of Township 1 South, Range 7 West,
San Bernardino Meridian, as shown on said Parcel Map;
Thence along the easterly line of said Section 13, South 00°29'50" East 50.00 feet to the
intersection of the easterly prolongation of the northerly line of the land described as
Rancho Cucamonga Metrolink Station Phase I, in the Grant Deed recorded October 06,
1994, as Document No. 1994-0409793, of Official Records of said County;
Thence along said easterly prolongation line South 89°43'55 West 30.00 feet to the
northeasterly corner of said Rancho Cucamonga Metrolink Station Phase I;
Thence continuing along said northerly line South 89°43'55 West 12.83 feet;
Thence leaving said easterly prolongation line and northerly line South 00°00'00" West
311.62 feet to the Point of Beginning;
Thence South 89°36'24" West 273.01 feet;
Thence South 00°00'06" East 243.01 feet;
Thence North 89°36'24" East 273.00 feet;
Thence North 00°00'00" East 243.01 feet to the Point of Beginning.
Parcel contains 66,341 square feet, more or less.
Reserving to the City of Rancho Cucamonga and San Bernardino County Transportation
Authority the air space above the above -described land, contained between a horizontal
plane eight (8) feet above the existing ground surface and existing ground surface.
Page 1 of 2
Page 258
The bearings and distances used in the above description are based on the California
Coordinate System of 1983, (CCS83), Zone 5, 2010.0 epoch. Divide distances shown by
0.9999392898 to obtain ground distance.
See Exhibits `D-6' and'D-7' attached hereto and made a part hereof.
This real property description has been prepared by me, or under my direction, in
conformance with the Professional Land Surveyor's Act (Bus. & Prof. Code §8700).
o Seon 61_ Smith
Signature:
Sean M. Smith, PLS 8233
No. 8233
Date: 9/27/2022
I
Page 2 of 2
Page 259
EXHIBIT 'D-6'
APN
TYPE OF ESTATE
AREA
0209-272-22
FEE
66,341 SF
R/W
APNr
POC
0209-143-21 NORTHEAST
COR.
SEC. 13
SOOa29'50"E 50.00'
S89a43'55"W 12.83'
R/W
R/WS89a43'55"W
NORTHERLY LINE RANCHO
APNr 0209-272-11
(11,
CUCAMONGA METROLINK
STATION PHASE l
DOC. N0. /994-0409793, O.R.,
N I
30.00,
PER DOC. NO. 1994-0409793, O.R.,
REC. IO/06/1994
NORTHEAST CORNER
REC. 1010611994
APNt 0209-272-22
PHASE l
30,
3
3 SECTIONL 13/NE
� I \
O I �
PA.F-GrL J5
o l
PAJ'�C✓'r MAP 1\JJ,, 14 4 J
o
( .—
EASTERLY LINE
F loll 3 � 1 J l/ 9 0 - )�
V' j
lj PARCEL 15
I
�
S89a36'24"W 273.01'
P
Z
ool
W
Q
o
�
o
i
W
M
R
R
N
Y
N
W
J
W
J
0
0 30'
0
o
0
o
Q
O
O
J
SOUTHERLY LINE
PARCEL /5
R/W N89°36'24"E 273.00'
T J S l ilAN �______
AZUSA COURT
,
-- — — — — —-----------
_
r-loll
CITY OF RANCHO CUCAMONGA
AND
COUNTY OF SAN BERNARDINO
�lpNp1-
SG
LEGEND
THIS PLAT WAS PREPARED
a 0
UNDER MY DIRECTION
SEAN M. SMITH
Indicates area to be
No. 8233
acquired
POC Point Of Commencement
S�7_ 7�1� 9/27/2022
POB Point of Beginning
SEAN M. SMITH, PLS 8233
DATE
pF CAS
SF Square Feet
R/ W Right -of -Way
FEET 0 50 100
200
300
PREPARED BY:
PREPARED
SCALE
SHEET NO.
TOTAL
P S O M A S
BY
SHEETS
1650 Spruce Street, Suite 400
TKR
l"=100'
1
2
RNersfde, California 92507
f9511787-8421 www.psomos.com
Page 260
EXHIBIT 'D_7'
APN TYPE OF ESTATE AREA
0209-272-22 FEE 66,341 SF
AREA DESCRIBED IN "Cl"
HORIZONTAL PLANE 8' ABOVE HIGHEST
GROUND SURFACE ELEVATION WITHIN
PROPERTY DESCRIBED IN "Cl"
8' RESERVED DESCRIBED IN "Cl"
GROUND SURFACE WITHIN
PROPERTY DESCRIBED IN "Cl"
AREA DESCRIBED IN "Cl"
AIR SPACE RFSFRVATION PRnF11 F QFTAl1
CITY OF RANCHO CUCAMONGA
COUNTY OF SAN BERNARDINO
PREPARED BY: PREPARED SCALE SHEET NO. TOTAL
P S O M A S BY SHEETS
1650 Spruce Street, Suite 400
Riverside, California 92507 TKR l"=100' 2
(951)787-8421 www.psomos.com
FXATRTT "N"
INSPECTOR OF RECORD PROCESS
Developer acknowledges that the Project is being constructed as part of an interstate high-
speed passenger railroad under the jurisdiction of the federal Surface Transportation Board. As a
result, state and local permitting for the Project, including building permits, are preempted by the
Interstate Commerce Commission Termination Act, 49 U.S.C. §10501. The Parties nonetheless
agree that they have a shared interest in the safe construction and operation of the Project, including
compliance with applicable building codes. On that basis, the Parties agree that Developer will
use an inspector of record process as described in this exhibit.
1. Compliance with Codes. The Project will conform to the substantive provisions of (i) the
City's technical codes (e.g., building, plumbing, electrical, etc.), (ii) grading standards, and (iii) all
other applicable laws and regulations governing development of the Project (the "Standards").
2. Inspector of Record.
2.1 Selection. At least one hundred twenty (120) days prior to any Project construction
or grading, the Parties will provide one another with lists of potential firms from which Developer
could solicit bids for the purpose of serving as the Proj ect's inspector of record who will be charged
with (1) verifying that all design and construction plans for the Project comply with Standards; (2)
verifying that all improvements constructed for the Project comply with design and construction
plans and the Standards; and (3) any other services typically provided by an inspector of record.
The proposed firms shall have expertise in plan check and building and safety inspection services
with prior experience in San Bernardino and/or Riverside counties. Within 30 days of delivery of
the lists, Seller and Developer will mutually agree on at least two (2) firms that are qualified to
serve as the inspector of record. Developer will use a competitive bid process to select the
inspector of record from among the mutually approved firms. If Seller and Developer do not
mutually agree on at least two (2) qualified firms, they will repeat the review process in good faith
until at least two (2) qualified firms are identified.
2.2 Reports. Developer will require its inspector of record to provide biweekly
stamped/approved reports to Seller. The reports will include all comments, findings, decisions,
and determinations relating to the Project during the prior month, including actions taken on design
and construction plans and facility inspections. Seller may, at its election, review the reports and
provide comments. If Seller believes that a design element or condition exists that violates codes
as described in Section 1 above, it may, but is not required to, notify Developer of the alleged
violation in writing. Developer will respond to any comments it receives from Seller. In the event
of a disagreement about the scope or application of a code, the parties will meet and discuss the
issue in good faith. Except as provided in Section 5 of this exhibit, Seller will accept all
determinations rendered by the inspector of record.
3. Inspections. All construction of Project improvements by Developer shall be offered by
Developer to Seller for inspection. Developer shall permit the Seller's inspectors, who may be
EXHIBIT "H"
1 262
1123 1-0001\2708118v2.doc Page
either City or SBCTA staff or consultants, to enter the Property and observe and inspect
construction.
4. Meetings. The parties will meet biweekly, if requested by either party, to discuss topics
related to construction of the Project.
5. Fire Safety. Notwithstanding any other provision of the Agreement, including this exhibit,
the Rancho Cucamonga Fire Protection District ("District") shall have the right to review and
approve all design and construction plans and conduct inspections of all Project improvements
related to safety in accordance with the District's regular plan check and inspection processes.
Developer will reimburse the District for its costs related to its regular plan check and inspection
processes.
6. Costs. Developer will pay all costs related to the inspector of record at no cost to Seller.
Except as provided in Section 5 of this exhibit, Seller will bear all costs related to its activities
related to construction of the Project, including review of design and reports, attendance at
meetings, and site inspections.
2 263
1123 1-0001\2708118v2.doc Page
F,XHTRTT "T"
TERMS OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR
CONSIDERATION BY THE PARTIES
1. SELLER'S RIGHT TO REVIEW PLANS AND SPECIFICATIONS AND CHANGES
TO SITE PLAN. After construction of the initial Improvements, Developer shall not
materially alter, renovate, modify or add to the Improvements without the prior written
consent of Seller, which consent will not be unreasonably withheld.
2. LIMITATIONS ON TRANSFERS AND SECURITY INTERESTS.
a. Holders of Deeds of Trust. Notwithstanding any provisions of Section 4.1 of the
Disposition and Development Agreement, dated October 5, 2022, to the contrary,
upon prior written notice to Seller describing the amount, purpose and nature of
financing, and subsequent delivery to Seller of copies of the relevant financing
documents, Developer shall have the right to hypothecate its interest in the Property
and the Project pursuant to one or more deeds of trust from one or more lenders,
for any purpose or purposes relating to Developer's high-speed passenger rail
system, including all related facilities, as it may be extended or expanded; however,
any such financing must provide that the lender will reconvey its deed(s) of trust or
other liens upon repayment of sums used for the construction of the Project
(notwithstanding that the financing may exceeds such sums). Any lender of record
holding any such deed of trust, whose name and address shall have been provided
by Developer to Seller referred to herein as a "Holder."
b. Rights of Holders. The Seller shall deliver a copy of any notice or demand to
Developer concerning any breach or default by Developer under this Agreement to
each Holder who has previously made a written request to the Seller for special
notice hereunder. Any notice of breach or default by Developer shall not be
effective against any such Holder unless given to such Holder. Such Holder shall
have the right at its option to cure or remedy any such default and to add the cost
thereof to the secured debt and the lien of its security interest. If such breach or
default can only be remedied or cured by such Holder upon obtaining possession,
such Holder may remedy or cure such breach or default within a reasonable period
of time after obtaining possession, provided such Holder seeks possession with
diligence through a receiver or foreclosure. Such Holder shall not undertake or
continue the construction or completion of the Improvements beyond the extent
necessary to conserve or complete the Improvements. Notwithstanding the
provisions in the aforementioned Section 4.1, the acquisition of the Property by any
person or entity other than Holder by a purchase at Holder's foreclosure sale, and
the acquisition of the Property by Holder or an affiliate of Holder by acceptance of
an assignment in lieu of foreclosure, shall not be considered an assignment of this
Agreement and therefore shall not be subject to all of the conditions and restrictions
applicable to assignments contained in the aforementioned Section 4.1.
EXHIBIT "I"
1 264
11231-0001\2708118v2.doc Page
c. Noninterference with Holders. The provisions of this Agreement do not limit the
right of Holders (a) to foreclose or otherwise enforce any mortgage, deed of trust,
or other security instrument encumbering all or any portion of the Property, and the
Improvements thereon, (b) to pursue any remedies for the enforcement of any
pledge or lien encumbering such portions of the Property, or (c) to accept, or cause
its nominee to accept, a deed or other conveyance in lieu of foreclosure or other
realization. In the event of (i) a foreclosure sale under any such mortgage, deed of
trust or other lien or encumbrance, (ii) a sale pursuant to any power of sale
contained in any such mortgage or deed of trust, or (iii) a deed or other conveyance
in lieu of any such sale, the purchaser or purchasers and their successors and
assigns, and such portions of the Property shall be, and shall continue to be, subject
to all of the conditions, restrictions and covenants stated in this Agreement,
including, without limitation, the restrictions set forth in the grant deed on such
property from the Seller to Developer and/or the CC&Rs. The Seller agrees to
execute such further documentation regarding the rights of any Holder as is
customary with respect to construction or permanent financing, as the case may be,
to the extent that such documentation is reasonably requested by any Holder and is
reasonably approved by the City Manager and the Executive Director of SBCTA.
d. Right of Seller to Cure. In the event of a default or breach by the Developer of a
loan by a Holder prior to the completion of the Improvements, the Seller may, upon
prior written notice to the Developer, cure the default, prior to the completion of
any foreclosure. In such event the Seller shall be entitled to reimbursement from
the Developer of all costs and expenses incurred by the Seller in curing the default.
The Seller shall also be entitled to a lien upon the Property or any portion thereof
to the extent of such costs and disbursements. The Seller agrees that such lien shall
be subordinate to any lien in favor of a Holder, and the Seller shall execute from
time to time any and all documentation reasonably requested by the Developer to
effect such subordination.
3. RIGHT OF FIRST NEGOTIATION. If Seller elects to sell the Reserved Property, or
Seller receives a bona fide offer which is acceptable to Seller, Developer shall have the
right of first negotiation to purchase the Reserved Property from Seller pursuant to the
following terms and conditions:
a. Seller's Sale Notice. If Seller elects to sell the Reserved Property, Seller shall first
notify Developer (or its successor owner of the Property) in writing before the
Reserved Property becomes available for sale to third parties, or if Seller receives
the bona fide offer described above, Seller shall notify Developer that Seller has
received such an offer ("Seller's Sale Notice"). Pursuant to such Seller's Sale
Notice, Seller shall then negotiate with Developer to sell the Reserved Property to
Developer. The Seller's Sale Notice shall set forth Seller's proposed economic
terms (including, without limitation, purchase price) and conditions upon which
Seller is willing to sell the Reserved Property (collectively, the "Economic Terms").
b. Procedure for Acceptance. If Developer wishes to exercise Developer's right of
TERMS OF
COVENANTS,
CONDITIONS AND
RESTRICTIONS FOR
CONSIDERATION BY
THE PARTIES
2 265
11231-0001\2708118v2.doc Page
first negotiation, then within ten (10) business days of delivery of Seller's Sale
Notice to Developer, Developer shall deliver a written notice to Seller of
Developer's exercise of its right of first negotiation, whereupon Seller and
Developer shall then negotiate the terms of the sale for a period of sixty (60) days
("Reserved Property Negotiation Period"). Developer must elect to exercise its
right of first negotiation to purchase all of the Reserved Property (not part). If
Developer does not so notify Seller within the ten (10) business day period, or terms
acceptable to Seller staff (which it would recommend to Seller for approval to
Seller) are not reached during the Negotiation Period, then Seller shall be free to
sell the Reserved Property to anyone to whom Seller desires on any terms Seller
desires, and Developer shall no longer have any right to purchase the Reserved
Property; provided, however, if Seller desires to sell the Reserved Property: (i) for
less than ninety-five percent (95%) of the purchase price or on overall different
Economic Terms or conditions offered to Developer in Seller's Sale Notice, or (ii)
later than the date which is nine (9) months after the Reserved Property Negotiation
Period, then Seller shall be obligated to give another Seller's Sale Notice to
Developer in accordance with the terms of this Section 3 above.
c. Agreement. If Developer and Seller agree on the terms of Developer's purchase of
the Reserved Property, then Seller and Developer shall within thirty (30) days
thereafter, execute a purchase agreement upon which Developer shall agree to
purchase the Reserved Property with the following terms: (a) Developer shall
complete its due diligence review of the Reserved Property within ninety (90) days
following the date of the purchase agreement, (b) the close of escrow under the
purchase agreement shall not occur later that thirty (30) days following the date of
the purchase agreement, and (c) all remaining terms of the purchase agreement not
specified in this Section 3 shall be substantially in the form of this Agreement
applicable to conveyance of property. The provisions of this Section 3 shall survive
the Closing.
4. Temporary Construction Easement. In connection with development of the Project by
Developer and during the construction thereof, Seller hereby grants to Developer a
temporary construction easement for construction parking and staging purposes on the
adjacent station property owned by Seller ("Adjacent Property") and the adjacent parking
lot owned by the City on Anaheim Place and Milliken ("Milliken Site"). Seller and
Developer shall coordinate regarding the location(s) and scope(s) of such construction
parking and staging such that the combined Adjacent Property and Milliken Site continue
to provide at least 400 parking stalls for Metrolink parking, at least four bus drop off
locations (including on Azusa Court if necessary), pedestrian access between such parking
and bus drop off locations and the Metrolink platforms and legally compliant ADA
parking. Developer's plans must demonstrate adequate circulation of pedestrian,
vehicular, and bus movements. Developer shall provide Seller at least thirty (30) days'
notice of any changes to the affected area, to enable Seller to provide notice to Metrolink
and/or its patrons. The insurance and indemnity provisions in favor of Seller in the CC&Rs
to be recorded at the Closing shall govern such temporary construction easement.
Developer shall compensate Seller for the temporary construction easement in accord with
TERMS OF
COVENANTS,
CONDITIONS AND
RESTRICTIONS FOR
CONSIDERATION BY
THE PARTIES
-3-
11231-0001\2708118v2.doc Page 266
a current (i.e., no older than six months) appraisal. [For reference purposes only, this
section was omitted from the DDA to allow the parties to further negotiate the terms of the
temporary construction easement, including its expiration and/or termination, so as to
preserve the City's ability to develop or sell the Milliken Site, which issue will now be
resolved as part of the CC&RS].
TERMS OF
COVENANTS,
CONDITIONS AND
RESTRICTIONS FOR
CONSIDERATION BY
THE PARTIES
4 267
11231-0001\2708118v2.doc Page
TABLE OF CONTENTS
Page
1. DEFINITIONS......................................................................................................1
1.1 Definitions.................................................................................................I
2. PURCHASE AND SALE OF THE PROPERTY AND
EASEMENTS; PURCHASE PRICES; DEPOSIT...............................................5
2.1
Purchase and Sale; Purchase Prices..........................................................
5
2.2
Deposit......................................................................................................
7
2.3
Opening and Closing of Escrow...............................................................
7
2.4
Condition of Title; Title Insurance...........................................................
7
2.5
Seller Conditions to Close of Escrow .......................................................
8
2.6
Developer Conditions to Close of Escrow..............................................10
2.7
Costs; Escrow Holder Settlement Statement..........................................11
2.8
Condition of the Property ........................................................................11
2.9
Deposits into Escrow by Seller...............................................................13
2.10
Deposits into Escrow by Developer........................................................14
2.11
Authorization to Record Documents and Disburse Funds......................14
2.12
Escrow's Closing Actions.......................................................................15
3. DEVELOPMENT COVENANTS......................................................................15
3.1 License to Use Parking; Development of the Project .............................15
3.2 Temporary Construction Easement.........................................................16
3.3 Development of Improvements...............................................................16
3.4 Seller's Right to Review Plans and Specifications and
Changes to Site Plan...............................................................................16
3.5 Costs of Entitlement, Development and Construction ............................17
3.6 Governmental Permits and Approvals....................................................17
3.7 No Agency Created.................................................................................17
4. LIMITATIONS ON TRANSFERS AND SECURITY INTERESTS
.............................................................................................................................17
4.1 Restrictions on Transfer of Developer's Rights and
Obligations..............................................................................................17
(1)
1123 1-0001 \2708118v2. doc
Page 268
5. DEFAULT, REMEDIES AND TERMINATION..............................................19
5.1 Defaults...................................................................................................19
5.2 Remedies.................................................................................................20
5.3 No Speculation........................................................................................21
5.4 No Personal Liability.............................................................................. 21
5.5 Rights and Remedies are Cumulative..................................................... 21
5.6 Inaction Not a Waiver of Default............................................................ 21
5.7 Force Majeure......................................................................................... 22
6. INSURANCE; INDEMNITY.............................................................................22
6.1 Insurance................................................................................................. 22
6.2 Indemnity................................................................................................ 22
7. REPRESENTATIONS AND WARRANTIES...................................................23
7.1 Developer Representations.....................................................................23
7.2 Seller Representations.............................................................................24
8. GENERAL PROVISIONS.................................................................................25
8.1
Notices....................................................................................................
25
8.2
Construction............................................................................................26
8.3
Interpretation...........................................................................................
26
8.4
Time of the Essence................................................................................
27
8.5
Warranty Against Payment of Consideration for Agreement.................27
8.6
Attorneys' Fees.......................................................................................
27
8.7
Entire Agreement....................................................................................
27
8.8
Severability.............................................................................................
27
8.9
No Third Party Beneficiaries..................................................................27
8.10
Governing Law; Jurisdiction; Service of Process...................................27
8.11
Survival...................................................................................................27
8.12
City Manager/Executive Director Actions..............................................28
8.13
Counterparts............................................................................................28
8.14
Electronic Delivery.................................................................................
28
Page 269
EXHIBIT "A"
LEGAL DESCRIPTION OF DEVELOPER FEE PROPERTY ...................................... I
EXHIBIT`B"................................................................................................................... I
SCHEDULE OF PERFORMANCE................................................................................. I
EXHIBIT"C"................................................................................................................... I
SITEPLAN....................................................................................................................... I
EXHIBIT"D"................................................................................................................... I
FORMOF GRANT DEED............................................................................................... I
EXHIBIT"E...................................................................................................................... I
FORM OF 8TH STREET EASEMENT........................................................................... I
EXHIBIT"F...................................................................................................................... I
FORM OF AERIAL EASEMENT................................................................................... I
EXHIBIT"G"................................................................................................................... I
FORM OF MILLIKEN TRIANGLE EASEMENT......................................................... I
EXHIBIT"H"................................................................................................................... I
INSPECTOR OF RECORD PROCESS........................................................................... I
EXHIBIT"I....................................................................................................................... I
TERMS OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR
CONSIDERATION BY THE PARTIES..............................................................1
Page 270
ATTACHMENT
Exhibit D and Sub -Exhibit E
PENDING
To be provided prior to 10/4/2022 City Council Meeting.
Page 271
Rancho Cucamonga Station P1 Level Plan - PUDO
ATTACHMENT 2
Page 272 GRIMSHAW
Rancho Cucamonga Station - P2-P8 Typical Parking
EO
Page 273 GRIMSHAW
651 ' 346' 1 74'
--------------I -----------------------
-- x------j----------------
CONCEPTUA EXTENSION OFF
AZUSA COU T IN RELATION < N
TO FUTURE CITY PROJECT vim•,
(NOT PART OF THE BRIGHTLINE
WEST PROJ CT) \. \
\ Co
fe,R„R APNUBZ09SS 2CE33RE LLC \, /
\ mow\ M
\ \ N
SANBAG (FORK
MW
- - -- -- - - --___-_ - - - - - - - - - - u=
- -
----------------- ___—IZ SANB
7 APN: 229-1 -20
I I
3530 s f ;18
---
_
M ! 1 31 37 s f-t jr 4b4 2
I
j Access Rights for driveway from
„A„E„8 C�—GA / Milliken Avenue at location to
„:289-2,t-23 20' OFFSET FROM be confirmed in design
--- 273' .74' > ^ �T#ISTING WRB
C
Q PARCEL
- — —
-Ae�1 e+ €€�€aseneaLfrt�m..SBC T
\ 'f----
------
'_-------
���flne
rightline Aerial Easement from City
---------------
iAIR11ApPBUSINESS CENTRE
Tunnel station and tunnel footprint „,209-nB-2N
lLGNT
1
Brightline purchPci99%f°fee from SBCTA/City
i
i
SBCTA/City retained surface to 8ft above surface area;
i
i
-
Brightline purchase of fee everything below surface and
above 8ft above surface
i
Brightline easement from city
Brightline purchase of fee from SBCTA
PLAN
Brightline aerial easement from SBCTA/City
1°=60
-
Potential alternative pedestrian crossing easement
Proposed pedestrian crossing easement
Underground tunnel easement
®Q
Access Rights for driveway from Milliken Avenue
;�NTB
at location to be confirmed in design
Proposed Building Extents
3633 INLAND EMPIRE BLVD, Si
-----
Parcel Boundaries
ONTARIO, CA 91764
i I
I J I
540 sgflt
10' i vvxEs
I i
I
-
,
7 "
RT2-- +-- - t--L----
----------- - - L -- - -
_.._.1 -- --- f-------------
--tl--- L--A---------------
\ A 130 w 'de easement o�rass 's--hatched area
ICI l will I be! provided T-o-r—az=s to Azusa Court.
Tlie lo/Cation to be determined in final design.
I i
ATTACHMENT 3
Renderings
PENDING
To be provided prior to 10/4/2022 City Council Meeting.
Page 275
ATTACHMENT 4
AMENDMENT NO.2 TO
COOPERATIVE AGREEMENT 94-001
BETWEEN THE
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND
THE CITY OF RANCHO CUCAMONGA
This Amendment No. 2 to Cooperative Agreement No. 94-001 is hereby made and entered into,
and is effective on, this 5th day of October, 2022, by and between the SAN BERNARDINO
COUNTY TRANSPORTATION AUTHORITY (SBCTA) and the CITY OF RANCHO
CUCAMONGA (CITY) with regard to the management of jointly owned property at the Rancho
Cucamonga Metrolink Station.
WHEREAS, under SANBAG Contract No. 94-001, dated July 21, 1993, SAN BERNARDINO
ASSOCIATED GOVERNMENTS (SANBAG) and the CITY entered into an agreement
(Agreement), defining the responsibilities of each PARTY concerning the Cucamonga Station;
and
WHEREAS, SANBAG and CITY amended the Agreement on January 5, 2011, to define the roles
and responsibilities of each PARTY concerning the addition of the Pedestrian Underpass at the
Cucamonga Station (Amendment No. 1); and
WHEREAS, on January 1, 2017, SBCTA became the successor agency to SANBAG pursuant to
California Public Utilities Code Section 130800 et. seq., also known as the San Bernardino County
Transportation Authority Consolidation Act of 2017; and
WHEREAS, SBCTA and CITY (collectively, the PARTIES, and individually, each a PARTY)
desire to further amend the aforesaid Cooperative Agreement to clarify the responsibilities of the
PARTIES with respect to the insurance of assets under the Cooperative Agreement and the
apportionment of costs for said insurance, and to update provisions concerning termination and
the distribution to the PARTIES upon termination.
NOW THEREFORE, the PARTIES hereto do mutually agree to amend the Cooperative
Agreement as follows:
1. The recitals above are true and correct and are hereby incorporated herein by this reference.
2. Except as specifically amended by this Amendment No. 2, all other provisions of the
Agreement and Amendment No. 1, shall remain in full force and effect.
3. All references in the Agreement to "SAN BERNARDINO ASSOCIATED
GOVERNMENTS" or "SANBAG" shall mean "SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY" ("SBCTA").
City of Rancho Cucamonga
Station Cooperative Agreement 94-001 1 SBCTA Contract No. 00-1000353
Amendment No. 2 Page 276
4. Article I, Section 1.0l.c "Operating Hours": DELETE each occurrence of "one (1) hour"
and REPLACE them with "thirty (30) minutes".
5. Article V, Section 5.04 Reservation of Commuter Rail Parking: DELETE the word
"insure" and REPLACE it with "ensure".
6. ADD Article V, Section 5.10 CITY Provided Insurance:
Section 5.10 CITY Provided Insurance. CITY shall obtain and maintain property
insurance covering the Non -Operating Property that is jointly owned by CITY and
SBCTA as tenants in common. Such insurance must be in such types and amounts
as are or should be reasonably and typically maintained from time to time by CITY
for other property owned by CITY, provided that, in any event, CITY shall provide
SBCTA with an endorsement naming SBCTA as an additional insured. An
Additional Insured Endorsement is required as the Parties hold title to the Non -
Operating property jointly, as tenants in common. In the event of any damage to
the Non -Operating Property, CITY and SBCTA shall reasonably cooperate with
each other in obtaining and using proceeds of such insurance to repair such damage.
The CITY shall reimburse SBCTA for fifty percent (50%) of the cost of property
insurance provided by SBCTA under Section 6.08 one fiscal year in the arrears.
7. ADD Article VI, Section 6.08 SBCTA Provided Insurance:
Section 6.08 SBCTA Provided Insurance. SBCTA shall obtain and maintain real
property insurance covering the Station Platforms, canopies thereon, and the
Pedestrian Underpass in amounts as are or should be reasonably and typically
maintained from time to time by SBCTA for other real and personal property owned
by SBCTA, provided that SBCTA shall provide CITY with an endorsement naming
CITY as an additional insured on all such policies. In the event of any damage to
the Station Platforms, canopies, or Pedestrian Underpass, CITY and SBCTA shall
reasonably cooperate with each other in obtaining and using the proceeds of such
insurance to repair such damage. Each fiscal year, SBCTA shall notify the CITY
of the cost of insurance described in this Section 6.08 in the then -current fiscal year
no later than January 31 st of each fiscal year and shall invoice the CITY for
reimbursement of fifty percent (50%) of the cost of the insurance provided under
this Section 6.08.
8. Article IX, Section 9.01 Distribution to Parties is DELETED in its entirety and
REPLACED as follows:
Section 9.01 Distribution to Parties. All proceeds that may accrue to the PARTIES
under this Agreement shall be distributed to the PARTIES hereto in equal shares,
except for any parking fees which shall remain the sole property of the CITY as
described in Section 5.05.
City of Rancho Cucamonga
Station Cooperative Agreement 94-001 2 SBCTA Contract No. 00- 10003 53
Amendment No. 2 Page 277
9. That section of Amendment No. 1 entitled "INDEMNITY AND HOLD HARMLESS" is
DELETED in its entirety and Article XI, Section 11.07 Indemnity is DELETED in its
entirety, and both are REPLACED as follows:
Section 11.07 Indemnity. Notwithstanding any other provision of the Agreement,
each PARTY agrees to indemnify, defend and hold harmless the other PARTY and
their members and the officers, directors, council members, employees, agents,
successors and assigns of them and their members (individually and collectively,
"Indemnitees"), from and against all loss, liability, claims, demands, suits, liens,
claims of liens, damages (including consequential damages), costs and expenses
(including, without limitation, all fines, penalties, judgments, litigation expenses,
and experts' and attorneys' fees), that are incurred by or asserted against them,
whether the liability is alleged or fixed during the Term or thereafter, which arise
out of or are connected in any manner with: (1) the acts and omissions of a PARTY
or its officers, contractors, directors, affiliates, a PARTY's invitees or anyone
directly or indirectly employed by a PARTY or providing service to a PARTY or
for whose acts a PARTY is otherwise liable (collectively, "Personnel") in
connection with the property subject to a PARTY's maintenance and/or security
activities, duties and obligations hereunder or arising from the presence upon or
performance of activities by a PARTY or its Personnel under this Agreement; (2)
bodily injury to or death of any person (including Indemnitees) or damage to or loss
of use of property resulting from acts or omissions of a PARTY or its Personnel; or
(3) non-performance or breach by a PARTY or its Personnel of any term or
condition of this Agreement during the Term hereof. Each PARTY shall obtain
and maintain during the time the Agreement, as amended, is in effect, adequate
insurance or self-insurance to cover its liability, defense and indemnification
obligations in order to protect itself and the other PARTY.
10. Section 11.09 is ADDED as follows:
Section 11.09 No Assignment. Neither this Agreement nor any of the rights or
obligations set forth in this Agreement shall be transferred or assigned by either
PARTY hereto without the consent of the other PARTY. The provisions of Section
6.07 shall constitute consent of the PARTIES of any assignment from SBCTA to
04 7 7•
11. Article XII, Section 12.01, is DELETED in its entirety and REPLACED as follows:
Section 12.01 Acts Constituting Termination. This Agreement shall commence on
the date of its execution and shall continue until:
a. Voluntary or involuntary sale or transfer of title to a third party by either or
both parties hereto. A termination pursuant to this subsection will be partial
City of Rancho Cucamonga
Station Cooperative Agreement 94-001 3 SBCTA Contract No. 00-1000353
Amendment No. 2 Page 278
in nature, applying only to that property interest in the Non -Operating
Property that is severed from SBCTA and CITY as tenants in common, or
that property interest in the Operating Property is that is severed from
SBCTA, not terminating this Agreement as to the remainder; provided,
however, that, if a partial termination would be such that the Parties would
no longer be able to materially exercise their rights or perform their duties
and obligations under this Agreement, then the termination will not be
limited as described above;
b. Mutual agreement of the parties hereto to terminate this Agreement;
c. The non -defaulting PARTY, with respect to any specific instance of default
or breach of this Agreement, elects to terminate this agreement for cause
where said default or breach by the other PARTY hereto which has not been
cured within thirty (30) days after notice has been delivered to the other
PARTY of such default or breach by the non -defaulting PARTY, or such
later time as is reasonably necessary if the default cannot be reasonably
cured within such thirty (30) day period, provided, however, with respect to
a default or breach of Section 11.09, regarding transfers or assignments,
there shall be no cure period.
[Signatures on the following page.]
City of Rancho Cucamonga
Station Cooperative Agreement 94-001 4 SBCTA Contract No. 00-1000353
Amendment No. 2 Page 279
IN WITNESS WHEREOF, the authorized parties have signed below;
SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY
LOIN
Art Bishop
Board President
Date:
APPROVED AS TO FORM
IIn
Julianna K. Tillquist
SBCTA General Counsel
Date:
CITY OF RANCHO CUCAMONGA,
A MUNICIPAL CORPORATION
By:
L. Dennis Michael
Mayor
Date:
ATTEST
By:
Janice C. Reynolds
City Clerk
Date:
APPROVED AS TO FORM
By:
Nicholas R. Ghirelli
Richards, Watson & Gershon
City Attorney
Date:
City of Rancho Cucamonga
Station Cooperative Agreement 94-001 5
Amendment No. 2
SBCTA Contract No. 00-1000353
Page 280
as
1%;=
� �milmipm--
ors
calfI
Transit Plaz
If
467
-Nam/
I&
y � -
Anow
41
AOW
rp
vow—
1 - ---OL
x
10/4/2022 CCM - ITEM F1 - ADDITIONAL MATERIAL
EXHIBIT `E'
Legal Description
APN: 0209-272-22
That portion of Parcel 15 of Parcel Map No. 14647, in the City of Rancho Cucamonga,
County of San Bernardino, State of California, filed in Book 177, pages 90 through 96,
inclusive, of Parcel Maps, in the Office of the County Recorder of said County, described
as follows:
Commencing at the northeast corner of Section 13 of Township 1 South, Range 7 West,
San Bernardino Meridian, as shown on said Parcel Map;
Thence along the easterly line of said Section 13, South 00°29'50" East 50.00 feet to the
intersection of the easterly prolongation of the northerly line of the land described as
Rancho Cucamonga Metrolink Station Phase I, in the Grant Deed recorded October 06,
1994, as Document No. 1994-0409793, of Official Records of said County;
Thence along said easterly prolongation line South 89°43'55 West 30.00 feet to the
northeasterly corner of said Rancho Cucamonga Metrolink Station Phase I;
Thence continuing along said northerly line South 89°43'55 West 12.83 feet;
Thence leaving said northerly line South 00°00'00" West 311.62 feet;
Thence South 89°36'24" West 345.30 feet to the westerly line of the land described in
Exhibit B-1 and as shown on the plat in Exhibit B-2;
Thence along said westerly line South 00°10'37" East 98.41 feet to the Point of
Beginning;
Thence leaving said westerly line South 47°37'41" East 257.13 feet to the southerly line
of said Parcel 15, also being the southerly line of the land described in Exhibit B-1 and
shown on the plat in Exhibit B-2;
Thence along said southerly line South 89°36'24" West 82.47;
Thence leaving said southerly line North 47°37'41" West 145.18 feet to a point on said
westerly line;
Page 1 of 2
Thence along said westerly line North 00°10'37" West 76.01 feet to the Point of
Beginning.
Parcel contains 11,265 square feet, more or less.
Said easement shall not exceed a level plane elevation of 1095.50 feet above mean sea
level.
The level plane elevation described above is expressed in terms of North American
Vertical Datum of 1988. The elevation is based on the San Bernardino County
Benchmark No. UF206 with a published elevation of 1,114.07 feet above mean sea level.
The bearings and distances used in the above description are based on the California
Coordinate System of 1983, (CCS83), Zone 5, 2010.0 epoch. Divide distances shown by
0.9999392898 to obtain ground distance.
See Exhibit `E-1' attached hereto and made a part hereof.
This real property description has been prepared by me, or under my direction, in
conformance with the Professional Land Surveyor's Act (Bus. & Prof. Code §8700).
Signature:se4n M. Smith a
Sean M. Smith, PLS 8233
ssas J
Date: 9/30/2022 1 1
Page 2 of 2
EXHIBIT 'E-1'
APN TYPE OF ESTATE AREA
0209-272-22 EASEMENT 11,265 SF
R/
N'LY LINE OF
SECTION 13 POC
APN: 0209-143-21 NORTHEAST
COR. SEC. 13
NORTHERLY LINE RANCHO CUCAMONGA S00°29'50"E 50.00'-
METROLINK STATION PHASE l
PER DOC. NO. 1994-0409793, O.R.,
REC. 1010611994
S89°43'55"W 12.83'-;7�
R/W
DOC. NO. 1994-0409793, O.R., APN: 0209-272-11 I
RFNC'HMARK NOTF: REC. 1010611994
N
COUNTY OF SAN BERNARDINO CD
BENCHMARK: r�
UF206
BENCHMARK DISK ON THE TOP o0
OF A CONC. RETAINING WALL; 8 APN: 0209-272-22 0
FEET SOUTHEAST OF POWER o
0
POLE NO. 1377482E. o
S89°43'55"W
30.00,
NORTHEASTERLY
CORNER PHASE I
ELEVATION: 1095.50'
30,
S89°36'24'W 345.30' -A
- - - --
--------------- -
W
DATUM: NAVD 88
W
I
W'LY LINE OF EASTERLY LINE
ADJUSTED: /997
"�
_
EXHIBIT 'A-3' PARCEL /5
'A-4'
Z
AND
W
o
�I
o
I
P
Q
.PARDr L J\IJA.P N0 , J ' 62 I
z
J
J
�°
J
FL FG �i:
Zi
SE C 13
1 �O
a
SOUTHERLY�
o9sF
s J\IJ
s'S w� E AEL l5
\
LINE TABLE
NO.
BEARING
DISTANCE
Ll
S89°36'24"W
82.47'
L2
N00°10'37"W
76.01'
Ll o "—R/W
— — — -
-----------------------
AZUSA COURT
CITY OF RANCHO CUCAMONGA
COUNTY OF SAN BERNARDINO
LEGEND
® Indicates area of easement
POC Point Of Commencement
POB Point of Beginning
SF Square Feet
R/W Right -of -Way
PREPARED BY:
PS O M A S
1650 Spruce Street, Suite 400
Riverside, California 92507
f9511787-8421 www.psomos.com
THIS PLAT WAS PREPARED
UNDER MY DIRECTION
9/30/2022
SEAN M. SMITH, PLS 8233 DATE
ASTERLY LINE
ECTION /3
����l�NpL LAA/D )H�
aSEAN M. SMI
* No. 8233
\OF C A01
FEET 0 50 100 200 300
PREPARED SCALE SHEET NO. TOTAL
BY SHEETS
TKR l"=100' l /
C CAMON A
S T A T I O N
FIJRIN
the HART
WIWA
the HART DISTRICT
DISTRICT
s a place with rich history as a crossroads of travel, culture
and pioneering spirit, Rancho Cucamonga is beginning a new
transformation into a hub for fiat -of -its -kind multi -modal transit
and contemporary Ii Ing.
CO
This transformation begins with defining a vision for two new
entities that make up a greater whole: The Hart District, a transit
oriented, nixed -use district, that will elevate the area into a
walkable culture -rich experience, and Cucamonga station that
o will connect the community to the world, bringing new amenities
and visitors that will serve as a catalyst for economic change.
Rancho Cucamonga Station P1
Level Plan - PUDO
ihrm;;G MWIM
- - - - - - - - - - - - - - - - -
Ll
.0 D C
IN.
f
WA2TORIN rir--•VnU-!qd1-qM _j
UM
41MOR"UMMU hOw . . I I K !
AVZLt5A U
%% %
a FR'II I
the HART DISTRICT
RANCHO}
CUCAMONGA
North / South Section
GRIMSMAW
the HART DISTRICT
_k f
r
346 1 ?4'� Il if
�R,a=
.
- --- ---- ----- -
-r- - - --- - ---- - - - -_ - - - — 13 3.� L - � ��•.
---- __- T-- - - - - - --
- - -- - - - - - —M --- ..................
n le r
• ti -
-
Cre:55 Ri ght:5 for or 1ve*QY from
M i I I; Ke Avenue a t l moi i on
73' t0
0' OFF5ET FROM �e canf irmed in design
17 1 75TINO GORB
CONCEPTUA EXTENSION OF � -- -
AZU! +h IrOU T Iti RELATION k _
TO FUTURE CITY PROJECT
i HOT PART OF THE BC IGHTLINE
WEST PROD CT) ;
rti
Mm
it i
1
---- �f n+iFnr_ �a►:e� iasu�+e�fro�3$r7 -1 '" • 1
- ---rt ------ - ----- ----- ------ - ---
BriUht11� "r7�1 FAS-n-ryt i'an GItY ____� + -- -- --• -- - - --- - - - - --- •-
- CHT Tanrre1 i+a+.m " ana +tir1 for�+pri" rr- q ,Ra�cu, _ , A 43O ^ 3$�fi �1t -� F�5S-ttr -hC}#Chid Or b
I
Bfi gn+ 1i r Q p�rcr f {ioc fron SIMTrsL ify W 111 I be tO A2 US O C Our t .
S r'Ae*Ci+y •�t5ai4wn S&jrfzr-a 5 5 e+5 aagYg suffecA crAc i TMe I o t I on to be -de to rm I ne d In f I no 1 design.
��#yi I;r* O�..Irtirb! of
5fee iyYrytn-nq be 0m surfoce crc
£ftiT•�! Pfi ctc.v NJr-�44
1
Q Bfi gn+ Ii np p.3se-i n+ #rail L i+y
prLpM1t 11 nG pjrLMi■ of Or" from SUTA PLAN
84ght II rre mr1al antleme tit from SUT0,10ty
PD+ln+i a 1 al+trry{5+iv# pldt S+r i-5n S r04i inq tal lint 4f
Prap45,-a 04:3- trI.M Lla%e 1rV 901lfitrrt DR AF
Undergrvjnd tanrrel euee-ert � � SMIGHTUINE +KEsT I imm-9pEED MAIL
kr"Q n+a +or arty from N'11i�tr5 --er%* APPLE VALLEY - RAIMCHQ CUCr MQMGA r�atLrcur
at bo4tl do to In wnrlrnaO In �veyQp � r +e 6TM BTR EET-IFIA wG HO STATUDM Y IA oU T
Prowbed Bd i Icing Ea+er+* "33 Ix_rw: .,O P[ 8Lvi MTE 750
• Parci I BBun"09s. :)HT-ED. t• 1.11a4
L+Lr $ # 9EM ER L PLAN - tk Nlb I
aamma
the HART DISTRICT
�rn�a�n
a I"
THE HEART OF THE INLAND EMPIRE
L. I,
iuSrLe: iu
Tho Cucamonga Station Is ammxelting mull)-moctal transporta#Ion hub thart will be built in the heart
of the Inland Empire and makethe region a global connectivlty polnt and destlnatlon to everything
California has to offer. Cucamonga Station will eno�urage millions of Southern California residents
and annual visitors to think beyond the autornobile and toward a future of smart, sustainable travel-
Ther)ow fadlltywl11 replaoetin e current Metr ol In k statl or and offer new opportunrtiesTor the
Comm unity to commute, travel abroad and explore naw food, shopping, and entartainm errt
destinations- It w111 Imlprove reglonal connectivity between passenger ralI and bus rapld trap sit
sary ices, and being the first high-speed rail serviceto Southern California. This new Iinawi11 con nact
Rancho Cucamonga to Las Vegas with stops along the way, Including in the High Desert- An
underground loop is also pianned to connectthe station to the Cntario International Airport.
TRANSPORTATION MODES AT CUCAMONGA STATION
■ High-speed rall system Ontario Loop tunnel to Ontario
Metrolink San Bernardino Line International Airport
Omnitrans Bus Rapid Transit (BRT)
■ Carpool commuters and local bus serAce
+ Taxis and Ride -share services Omnitrans ONT Connect shuttle loop service
between airport and existing station began
August 2022
PROJECT BENEFITS
• Livability, connectivity and access will improve for Inland Empire residents and all of
Southern California
Improved offering of mobility alternatives to autonobiletravel
Cucamonga Station will tea catalyst for economic growth in the region
PROJECT SCHEDULE
design Phase: Fall 2022-Eariy2023
ConStruCUon Phase, 2023- 2026"
k Sch L ak [,- i8 .9uB p-6t W 4hun ge due to rA OJPMEn C wPUkh�t 8r u Jo2X fieC4�d CO AtlrPiOA&.
00
a
PROPOSED STATION
AND TRANSIT HUB
"C"T_-_6
PM
��
FEW
--_txlyh�Ire
KEY PROJECT FEATURES
New designated passenger waiting areas
with modern amenities
Omnitrans BRT service and new multi -bay
bus terminals
High-speed rail between Rancho Cucamonga
and Las Vegas, with easy connections from
Los Angeles
SENSE OF PLACE
7%
New bicycle paths, sidewalks, walkways,
and platforms; connectivity to 6th Street
bicycle track
The Metrolink San Bernardino line that will
expand to the new Arrow Line between
San Bernardino and Redlands
Entrance to the anticipated Ontario Loop
tunnel to the airport
I II
The Cucamonga Station will be strategically located within the
HART District - a new transit -oriented, mixed -use housing, retail
and commercial district that elevates the area into a walkable,
culture -rich experience.
Located within the area of Haven Avenue, Arrow Route, Rochester
Avenue and the Transit station in Rancho Cucamonga, it will serve
as a crossroads of food, travel, culture and commerce. The HART
District is poised to be the next key economic catalyst in the region.
To learn more, go to www,cityofrc.us/hart-district.
PROJECT PARTNERS:
Fj Omn�Trans ONTAR-t�
RANCHO
CUCAMONGA
H
RANCHO
®, CUCAMONGA
SAN BERNARDINO
... COUNTY_
CONTACT THE CITY OF RANCHO CUCAMONGA FOR MORE INFORMATION
Government & Legislative
Branding & Partnerships
Community Affairs
Elisa Cox
Francie Palmer
Jennifer Camacho-Curtis
Assistant City Manager
Senior Advisor
Community Affairs Officer
elisa.cox@cityofrc.us
franciepaimer@icloud.com
jennifer.camacho-curtisPcityofrc.us
909-477-2700
909-224-1987
909-477-2700
the HART DISTRICT
IL'it]
J jo-
;4.i
a I -
RANCHO
CUCAMONGA
RANCHO
CUCA ONGA
the HART DISTRICT
C U C A M 0 N G A
STAT I ON
Outreach Partners
GREATER
0 N wNT
C A L I F 0 R N IA ONTARIO
CONVENTION & VISITORS BUREAUINTERNATIONAL AIRPOAT
SAN BERNARDINO
COUNTY
Ll I Ll Ft E MAKES C
AKES IC
4:3 14 P4 17: 4: ir
Irl 14
401111 r*4 ILI P4 I mlrlr MAKES CULTU
401 pol INA lul 14 1 lrlr MAKES CULTURE
RANCHO}
CUCAMONGA
DATE: October 4, 2022
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Julie A. Sowles, Deputy City Manager of Civic and Cultural Services
Linda A. Troyan, MMC, City Clerk Services Director
Patricia Bravo -Valdez, MMC, Deputy City Clerk Services Director
Consideration of Biennial Review of Conflict of Interest Code and a Resolution
SUBJECT: Adopting By Reference the Standard Conflict of Interest Provisions of California
Code of Regulations Title 2, Section 18730 and Approving an Amended Conflict of
Interest Code, Appendix I and II, to Account for the Addition, Deletion and
Modification of Positions Listed as "Designated Positions" and Including Disclosure
Categories for Designated Consultants. (RESOLUTION NO. 2022-127) (CITY)
RECOMMENDATION:
Staff recommends that the City Council adopt a Resolution approving an amended Conflict of Interest
Code, Appendix I and II, to account for the addition, deletion, and modification of positions listed as
"designated positions."
BACKGROUND:
Under the Political Reform Act, all public agencies are required to adopt a Conflict of Interest Code that
identifies all officials and employees within the agency who make governmental decisions or participate in
making decisions based on the positions they hold. The individuals in the designed positions must disclose
their financial interests in investments, real property, sources of income, and business positions that may
affect in their decision -making, on a form called Statement of Economic Interests (Form 700).
The Three Components of a Conflict of Interest Code are:
EXHIBIT A — INCORPORATION SECTION (TERMS OF THE CODE)
This section designates where the forms are filed and retained (i.e., the agency or the Fair Political
Practices Commission (FPPC)). This section also must reference Regulation 18730, which provides the
rules for disqualification procedures, reporting financial interests, and references the current gift limit. The
FPPC periodically amends the regulation to include legislative and regulatory changes that affect the
code's main body; by referencing the regulation, the body of an agency's code stays automatically in
compliance with the Political Reform Act.
APPENDIX I — LIST OF DESIGNATED POSITIONS
The code must list all agency positions that involve making or participation in making of decisions that "may
foreseeably have a material effect on any financial interest." This covers agency members, officers and
employees, and it may include volunteers on a committee if the members make or participate in making
government decisions.
Page 281
APPENDIX II — DETAILED DISCLOSURE CATEGORIES
A disclosure category is a description of the types of financial interests officials in one or more job
classifications must disclose on their Form 700. The categories must be tailored to the financial interests
affected and must not require public officials to disclose private financial information that does not relate
to their public employment.
ANALYSIS:
To ensure the code remains current and accurate, cities are required to review their Conflict of Interest
Code in even -numbered years. The City of Rancho Cucamonga previously adopted Regulation 18730
(referred to as the model or standard code by the FPPC) by reference and, as such, the term of the code
(Exhibit A to the Resolution) is up to date.
It is legally mandated that an agency's Conflict of Interest Code reflect the current structure of the agency
and properly identifies all officials and employees who are required to file a Statement of Economic
Interests, Form 700.
Due to various changes in job classifications, titles, and responsibilities, and the deletion/addition of
positions in several departments, it is necessary to amend the code to reflect these revisions in Appendix
I, the list of designated positions. Appendix II also includes disclosure requirements for designated
consultants.
Public notification was achieved by posting the agenda and public hearing notice, publication of the hearing
notice in the newspaper, and notification to the proposed designated positions.
Staff proposes revisions to the list of filers who are required to disclose under the specific types of
categories described in the Form 700.
FISCAL IMPACT:
None.
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
This update to the Conflict of Interest Code addresses the City Council Core Value to intentionally embrace
and anticipate the future by ensuring adherence to the state reporting requirements for City employees.
ATTACHMENTS:
Attachment — 1 City Council Resolution No. 2022-127
Exhibit A — Terms of the Code
Appendix I — List of Designated Positions
Appendix II — Detailed Disclosure Categories
Page 2
Page 282
RESOLUTION NO. 2022-127
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, ADOPTING, AFFIRMING, AND INCORPORATING BY REFERENCE THE
STANDARD CONFLICT OF INTEREST PROVISIONS OF CALIFORNIA CODE OF
REGULATIONS TITLE 2, SECTION 18730 AND AMENDING APPENDIX I AND II, TO ACCOUNT
FOR THE ADDITION, DELETION AND MODIFICATION OF POSITIONS LISTED AS
"DESIGNATED POSITIONS" TO THE CONFLICT OF INTEREST CODE OF THE CITY OF
RANCHO CUCAMONGA
WHEREAS, pursuant to the requirements of the California Political Reform Act (the "Act"),
Section 81000 of the California Government Code, all local governmental agencies must adopt
Conflict of Interest Codes applicable to every officer, employee, member or consultant of the agency
whose position entails the making or participating in the making of decisions that may foreseeably
have a material financial effect on any financial interest, and which code requires such designated
employees to disclose and disqualify themselves from making, participating in, or attempting to
influence such decisions; and
WHEREAS, the City has previously adopted the terms of California Code of Regulations
Title 2, Section 18730, the Conflict of Interest Code terms promulgated by the Fair Political Practices
Commission ("FPPC") by City of Rancho Cucamonga Resolution No. 2020-099; and
WHEREAS, the City Council of the City of Rancho Cucamonga, as the Code Reviewing
body under the Act, adopts, affirms and incorporates by reference the standard Conflict of Interest
Code set forth in California Code of Regulations Title 2, Section 18730 and any amendments to it
duly adopted by the FPPC; and
WHEREAS, the standard Conflict of Interest Code set forth in California Code of
Regulations Title 2, Section 18730 and any amendments to it duly adopted by the FPPC, along with
Appendix "I", amending the list of designated officials and including establishment of certain
positions, and Appendix "II" setting forth amended disclosure categories, does constitute the
Conflict of Interest Code of the City of Rancho Cucamonga; and
WHEREAS, subsequent changed circumstances within the City have made it advisable and
necessary pursuant to Section 87306 and 87307 of the Act to amend and update the City's Conflict
of Interest Code; and
WHEREAS, notice of the time and place of a public meeting on, and consideration by the
City Council of, the proposed amended Conflict of Interest Code was provided to each designated
position; and
WHEREAS, a public meeting was held upon the proposed amended Conflict of Interest
Code at a regular meeting of the City Council on October 4, 2022, at which all present were given
an opportunity to be heard on the proposed amended Conflict of Interest Code;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho
Cucamonga, California, as follows:
The standard Conflict of Interest Code set forth in California Code of Regulations
Title 2, Section 18730 and any amendments to it duly adopted by the FPPC is hereby
incorporated by reference.
Resolution No. 2022-127 ATTACHMENT 1
Page 283
2. The amended list of designated positions subject to the requirements of the Conflict
of Interest Code are set forth in Appendix I and the disclosure categories are set
forth in Appendix 11.
3. The standard Conflict of Interest Code set forth in California Code of Regulations
Title 2, Section 18730 and any amendments to it duly adopted by the FPPC and the
Appendices I and 11 constitute the Conflict of Interest Code for the City of Rancho
Cucamonga.
4. The City Council of the City of Rancho Cucamonga does hereby adopt the attached
Conflict of Interest Code (Exhibit A) and Appendix I and 11.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Rancho
Cucamonga at its regular meeting held on the 41h day of October 4 2022.
L. Dennis Michael, Mayor
ATTEST:
Janice C. Reynolds, City Clerk
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 4th day of October 2022.
Executed this 5th day of October 2022, at Rancho Cucamonga, California.
ATTEST:
Janice C. Reynolds, City Clerk
Resolution No. 2022-127
Page 284
EXHIBIT "A"
CITY OF RANCHO CUCAMONGA
CONFLICT OF INTEREST CODE
The Political Reform Act (Government Code Section 81000, et seq.) requires state and
local government agencies to adopt and promulgate conflict of interest codes. The Fair
Political Practices Commission has adopted a Regulation (California Code of Regulations,
Title 2, Section 18730) that contains the terms of a standard conflict of interest code, which
can be incorporated by reference in an agency's code. After public notice and hearing, the
standard code may be amended by the Fair Political Practices Commission to conform to
amendments in the Political Reform Act. Therefore, the terms of California Code
of Regulations, Title 2, Section 18730 and any amendments to it duly adopted by the
Fair Political Practices Commission are hereby incorporated by reference. This regulation
and the attached Appendices, designating positions and establishing disclosure
categories, shall constitute the Conflict of Interest Code of the City of Rancho Cucamonga.
Individuals holding designated positions shall file their statements of economic interests
with the City Clerk of the City of Rancho Cucamonga, which will make the statements
available for public inspection and reproduction (Gov. Code Sec. 81008). All statements
will be retained by the City Clerk.
Resolution No. 2022-127
Page 285
APPENDIX "I"
DESIGNATED POSITIONS
Disclosure
Designated Position
Categories
Animal Care and Services Director
2, 3, 4, 5
Animal Center Manager
2, 3, 4, 5
Assistant City Manager
2, 3, 4, 5
Assistant Planner
2, 5, 6, 7
Assistant to the City Manager
2, 3, 4, 5
Associate Planner
2, 5, 6, 7
Building and Safety Services Director
2, 5, 6, 7
Building and Safety Manager
2, 5, 6, 7
Building Inspection Supervisor
2, 5, 6, 7
Chief Information Security Officer (CISO)
2, 5, 13, 14
City Attorney*
1
City Clerk Services Director
2, 3, 4, 5
City Council Member*
1
City Manager*
1
City Planner
2, 5, 6, 7
City Treasurer *
1
CIO/Director of Department of Innovation and Technology
2, 5, 13, 14
Community Affairs Manager
2, 5, 8, 9
Community Affairs Officer
2, 5, 8, 9
Community Affairs Senior Coordinator
2, 5, 8, 9
Community Improvement Manager
2, 5, 6, 7
Community Improvement Supervisor
2, 5, 6, 7
Community Parks and Landscape Citizens' Oversight Committee Member
2, 3 , 4 , 5
Cultural Center Manager
2, 5, 8, 9
Fund Development Coordinator
2, 5, 8, 9, 15, 16
Community Services Director
2, 5, 8, 9
Community Services Manager
2, 5, 8, 9
Community Services Superintendent
2, 5, 8, 9
Consultant
10
Consultant: Special Counsel
10
Deputy City Manager/Administrative Services
2, 3, 4, 5
Deputy City Manager/Civic & Cultural Services
2, 3, 4, 5
Deputy City Manager/Economic & Community Development Services
2, 3, 4, 5
Deputy Director of City Clerk Services
2, 3, 4, 5
Deputy Director of Animal Care and Services
2, 3, 4, 5
Deputy Director of Building and Safety
2, 5, 6, 7
Deputy Director of Community Services
2, 5, 8, 9
Deputy Director of Engineering Services/Assistant City Engineer
2, 5, 6,7
Deputy Director of Engineering Services/Utilities and Environmental
2, 5, 6, 7
Deputy Director of Finance
2, 5, 11, 12
Deputy Director of Human Resources
2, 5, 13, 14
Deputy Director of Innovation and Technology
2, 5, 13, 14
Deputy Director of Library Services
2, 5, 15, 16
Deputy Director of Planning
2, 5, 6, 7
Deputy Director of Public Works Services
2, 5, 17, 18
Resolution No. 2022-127
Page 286
APPENDIX "I" CONTINUED
DESIGNATED POSITIONS
Designated Position
Disclosure
Categories
Director of Planning and Economic Development
2, 5, 6, 7
Engineering Services Director/City Engineer
2, 5, 6, 7
Environmental Program Manager
2, 5, 6, 7
Facilities Superintendent
2, 5, 17, 18
Finance Director
2, 5, 11, 12
Finance Manager
2, 5, 11, 12
GIS Supervisor
2, 5, 13, 14
Historic Preservation Commissioner
2, 5, 6, 7
Human Resources Director
2, 5, 13, 14
Information Technology Operations Supervisor
2, 5, 13, 14
Library Board of Trustees Member
2, 5, 15, 16
Library Director
2, 5, 15, 16
Library Services Manager
2, 5, 15, 16
Management Analyst II (Revenue Management)
2, 5, 11, 12
Management Analyst III
2, 3, 4, 5
Park and Recreation Commissioner
2, 5, 8, 9
Parks/Landscape Maintenance Superintendent
2, 5, 17, 18
Planning Commissioner
1
rd,7
DIanniRg Director
Planning Manager
2,
2, 5, 6, 7
Principal Accountant
2, 5, 11, 12
Principal Engineer
2, 5, 6, 7
Principal Civil Engineer/Assistant City Engineer
2, 5, 6, 7
Principal Librarian
2, 5, 15, 16
Principal Management Analyst
2, 3, 4, 5
Principal Planner
2, 5, 6, 7
Procurement and Contracts Analyst
2, 5, 13, 14
Procurement Manager
2, 5, 13, 14
Public Art Committee Member
2, 3, 4, 5
Public Works Services Director
2, 5, 17, 18
Revenue Manager
2, 5, 11, 12
Risk Management Coordinator
Goy Analyst
2, 5, 13,14
2,513,
Senior Information Technology Analyst
44
2, 5, 13, 14
Senior Civil Engineer
2, 5, 6, 7
Senior Park Planner - Community Services Department
2, 5, 8, 9
Senior Planner
2, 5, 6, 7
Senior Risk Management Analyst
2, 5, 13, 14
Street/Storm Drain Maintenance Superintendent
2, 5, 17, 18
Traffic Engineer
2, 5, 6, 7
Utility Operations Manager
2, 5, 6, 7
*California Government Code 87200 Code Filers
Resolution No. 2022-127
Page 287
APPENDIX "II"
DISCLOSURE CATEGORIES
Disclosure is required on FPPC Form 700 pursuant to Government Code Section
87200. No additional disclosure is required by this Conflict of Interest Code.
2. Reportable interest in Real Property in the jurisdiction. (FPPC Form 700, Schedule
B).
3. Reportable Income, Loans and Business Positions (income other than gifts and
travel payments). (FPPC Form 700, Schedule C).
4. Reportable Investments. (FPPC Form 700, Schedule A-1 and A2).
5. Reportable Income — Gifts — Travel Payments. (FPPC Form 700, Schedule D and
E).
6. Reportable income, loans and business positions from persons and business
entities having an interest in real property in the jurisdiction or that provide, plan to
provide, or have provided within two years prior to the time a statement is required
under this conflict of interest code, services within the jurisdiction subject to the
inspection, review or approval of the Planning, Building & Safety, and Engineering
Departments. (FPPC Form 700, Schedule C).
7. Reportable investments in any business entities having an interest in real property
in the jurisdiction or that provide, plan to provide, or have provided within two years
prior to the time a statement is required under this conflict of interest code, services
within the jurisdiction subject to the inspection, approval or review of the Planning,
Building & Safety, and Engineering Departments. (FPPC From 700, Schedules A-1
and A-2).
8. Reportable income, loans and business positions from persons and business
entities from which the City purchases, plans to purchase, or has purchased within
two years prior to the time a statement is required under this conflict of interest code,
supplies, materials, or services subject to the direction, supervision or control of the
Community Services Department. (FPPC Form 700, Schedule C).
9. Reportable investments in business entities from which the City purchases, plans to
purchase, or has purchased within two years prior to the time a statement is required
under this conflict of interest code, supplies, materials, or services subject to the
direction, supervision or control of the Community Services Department (FPPC
Form 700, Schedules A-1 and A-2).
Resolution No. 2022-127
Page 288
10. Designated Consultants'
Consultants who make (not just
recommend) governmental
decisions, such as whether to
approve a rate, rule, or regulation,
whether to issue, deny, suspend, or
revoke any permit, license,
application, certificate or similar
authorization, adopt or grant City
approval to a plan, design, report,
study, or adopt or grant City
approval of policies, standards, or
guidelines for the City or any
subdivision thereof.
Consultants who serve in a
staff capacity with the City, and
in that capacity participate in
making a governmental decision
by providing information, an
opinion, or a recommendation for
the purpose of affecting the
decision without significant
intervening substantive review.
Consultants who perform the
same or substantially all the
same duties for the City that
would otherwise be performed by
an individual holding a designated
position in the City's Conflict of
Interest Code.
Disclosure Requirements
All reportable interests in real
property in the jurisdiction;
reportable income and business
positions; reportable investments;
and reportable gifts, unless the
City Manager determines in
writing that a particular consultant
is hired to perform a range of
duties that is limited in scope and
thus is not required to fully comply
with the disclosure requirements
described in the section.2
Disclosure required at the same
level as a comparable designated
position in the same or similar
City Department identified
elsewhere in this Code.
Disclosure required at the same
level as the comparable
designated position identified
elsewhere in this Code.
Not all outside contractors meet the consultant definition in FPPC Regulation
18700.3, as described above. Form 805, Agency Report of Consultants, will be
used by the Department Director to determine disclosure requirements.
When the consultant is a corporation or partnership, only individuals who fit into one of the three
categories of "Designated Consultants" must file disclosure statements.
2 If the City Manager determines in writing that a particular consultant is not required to fully comply with
the requisite disclosure requirements, then such written determination shall include a description of the
consultant's duties and, based upon that description, a statement of the extent of disclosure
requirements. The City Manager's determination is a public record and shall be retained for public
inspection in the same manner and location as this Conflict of Interest Code.
Resolution No. 2022-127
Page 289
11. Reportable income, loans and business positions from any financial institution in
which the City deposits funds, plans to deposit funds, or has deposited funds within
two years prior to the time any statement is required under this conflict of interest
code. (FPPC Form 700, Schedule C)
12. Reportable investments in any financial institution in which the City deposits funds,
plans to deposit funds, or has deposited funds within two years prior to the time
any statement is required under this conflict of interest code (FPPC Form 700,
Schedules A-1 and A-2)
13. Reportable income, loans and business positions from persons and business
entities from which the City purchases, plans to purchase, or has purchased within
two years prior to the time a statement is required under this conflict of interest
code, supplies, materials, or services subject to the direction, supervision or control
of the Administrative Services Group of departments. (FPPC Form 700, Schedule
C)
14. Reportable investments in business entities from which the City purchases, plans
to purchase, or has purchased within two years prior to the time a statement is
required under this conflict of interest code, supplies, materials, or services subject
to the direction, supervision or control of the Administrative Services Group of
departments. (FPPC Form 700, Schedules A-1 and A-2)
15. Reportable income, loans and business positions from persons and business
entities from which the Library purchases, plans to purchase, or has purchased
within two years prior to the time a statement is required under this conflict of
interest code, supplies, materials, or services subject to the direction, supervision
or control of the Library. (FPPC Form 700, Schedule C)
16. Reportable investments in business entities from which the Library purchases,
plans to purchase, or has purchases within two years prior to the time a statement
is required under this conflict of interest code, supplies, materials, or services
subject to the direction, supervision or control of the Library. (FPPC Form 700,
Schedules A-1 and A-2)
17. Reportable income, loans and business positions from persons and business
entities having an interest in real property in the jurisdiction or that provide, plan to
provide, or have provided within two years prior to the time a statement is required
under this conflict of interest code, services within the jurisdiction subject to the
inspection, review or approval of the Public Works Services Department. (FPPC
Form 700, Schedule C)
18. Reportable investments in any business entities having an interest in real property
in the jurisdiction or that provide, plan to provide, or have provided within two years
prior to the time a statement is required under this conflict of interest code, services
within the jurisdiction subject to the inspection, approval or review of the Public
Works Services Department. (FPPC Form 700, Schedules A-1 and A-2)
Resolution No. 2022-127
Page 290
DATE: October 4, 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
Frank A. Lopez, Principal Civil Engineer/Assistant City Engineer
SUBJECT: Consideration of First Reading of Ordinance No. 1010, Entitled "An
Ordinance of the City of Rancho Cucamonga, California, Adding Section
10.60.060 to the Rancho Cucamonga Municipal Code to Establish
Procedures for the Designation of On -Street Accessible Parking Zones"
to be Read by Title Only and Waive Further Reading and Approval of the
Guidelines for Installation On -Street Accessible Parking Zones.
(ORDINANCE NO. 1010) (CITY)
RECOMMENDATION:
Staff recommends that the City Council:
1. Introduce for first reading Ordinance No. 1010, to be read by title only and waive further
reading, pertaining to procedures for designation of on -street accessible parking zones;
and
2. Approve the Guidelines for On -Street Accessible Parking Zones and authorize the City
Engineer to administratively modify the guidelines and application from time to time as
deemed necessary.
BACKGROUND:
Over the last several years, the City has received requests for the placement of blue curb parking
by residents requesting an accessible on -street parking space near their residence. The City has
not had a program or policy in place to allow for this and has therefore denied the requests. Blue
curbs are reserved for vehicles displaying Disabled Person placards or Disabled Person license
plates issued by the state.
In accordance with California Vehicle Code (CVC) Section 22511.7 (a) "...a local authority may,
by ordinance or resolution, designate on -street parking spaces for the exclusive use of a vehicle
that displays either a special identification license plate issued pursuant to Section 5007 or a
distinguishing placard issued pursuant to Section 22511.55 or 22511.9." The City of Rancho
Cucamonga Municipal Code (RCMC) Chapter 10.60 Parking for Persons with Disabilities
provides for the designation of on -street blue curb parking spaces. Typically, this is interpreted to
mean that on -street accessible spaces can be designated in retail, commercial, or downtown
areas with heavy parking. However, it does not provide any guidelines for establishing blue curb
or accessible parking on residential streets for the use of a disabled person with such need near
Page 291
their residence. It should be noted that on -street accessible parking spaces are voluntary
accommodations made for persons with disabilities and are not required by statute.
Given recent and past requests, staff proposes to establish procedures to allow residents to apply
for an on -street accessible parking space.
ANALYSIS:
A brief survey of other cities'/public agencies' on -street accessible parking policies were reviewed
by staff. Policies vary among agencies, with some suspending programs while additional research
is done, others utilize a generic color curb program in which blue curb is one of the options, but
those that offer accessible on -street parking for residential streets only vary slightly and have
similar requirements.
Staff has prepared proposed guidelines and an application process based on best practices and
using the City of Long Beach policy as a template. The guidelines explain the purpose of the
policy, conditions for qualification, the need for an engineering accessibility study, and inform that
the space is not reserved and would be available for use by anyone with a valid disabled license
plate or placard. The application would require the applicant to justify the need for on -street
accessible parking, including verifying that no off-street parking is available, agree to an
inspection of their property to confirm off-street parking is unavailable or not functional (e.g.
extreme slope), sign a waiver and release of liability, and certify they are providing true and correct
information.
Additionally, the RCMC would be amended to include and summarize succinctly the above
requirements/guidelines. The proposed guidelines, application, and proposed code amendment
are attached for review.
Staff presented the new program to the Public Works Subcommittee on September 21, 2022 and
heard positive feedback as well as recommendation to bring the On -Street Accessible Parking
Zone Program to City Council for approval.
FISCAL IMPACT:
The proposed program will have minimal fiscal impact for the installation and maintenance of new
signing and striping to establish the accessible parking zones.
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
This program addresses the City Council's core values by promoting and enhancing a safe and
healthy community for all.
ATTACHMENTS:
Attachment 1 — Ordinance No. 1010
Attachment 2 — On -Street Accessible Parking Zone Guidelines and Application
Page 2
Page 292
ATTACHMENT 1
ORDINANCE NO. 1010
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, ADDING SECTION 10.60.060 TO THE RANCHO
CUCAMONGA MUNICIPAL CODE TO ESTABLISH PROCEDURES
FOR THE DESIGNATION OF ON -STREET ACCESSIBLE PARKING
ZONES
WHEREAS, California Vehicle Code section 22511.7 authorizes the City, by
ordinance or resolution, to designate on -street parking spaces for the exclusive use of a
vehicle that displays a disabled person's license plate or a valid disabled person's
placard; and
WHEREAS, the City Council desires to enact parking regulations for disabled
access to on -street parking spaces in front of or adjacent to their residence as set forth
in the ordinance.
THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES
ORDAIN AS FOLLOWS:
Section 1. A new Chapter 10.60.060 entitled "Application for accessible
parking designation" is hereby added to Chapter 10.60 (Parking for Persons with
Disabilities) of Title 10 (Vehicles and Traffic) of the Rancho Cucamonga Municipal Code
to read as follows:
10.60.060 Application for accessible parking designation.
A. Any person who has been issued a special identification license plate
pursuant to Vehicle Code Section 5007 or a distinguishing placard pursuant to Vehicle
Code Sections 22511.55 or 22511.59 may apply to the City Traffic Engineer via an
application form furnished by the City Traffic Engineer for the designation of an on -
street accessible parking zone as a parking space reserved for disabled persons. Such
application shall contain:
1. Evidence that the applicant is a full-time resident of the residential
property in front of which the on -street accessible parking zone is requested;
2. Evidence from the California Department of Motor Vehicles of
authorization to use disabled parking;
3. Evidence showing a need for accessible parking at the requested
location;
4. Certification by the applicant that no existing on -street or off-street
parking space meets his or her parking needs;
Ordinance No. 1010 - Page 1 of 3
Page 293
B. When any of the circumstances in the application change or cease to
exist, the applicant shall notify the City Traffic Engineer.
C. The City Traffic Engineer is authorized to conduct reviews of eligibility and
continuing need for the on -street accessible parking zone once every two (2) years.
D. The City Traffic Engineer is authorized to remove accessible parking
zones at any time if determined to be a safety hazard or it impedes necessary
improvements or development with 30-day notice to the applicant.
E. The City Traffic Engineer is authorized to mark the curb with blue paint on
the curb or edge of the paved portion of street adjacent to the space. In addition, the
City Traffic Engineer shall install a sign posted immediately adjacent to and visible from
the space. The sign shall consist of a profile view of a wheelchair with occupant in white
on a blue background and shall clearly state the following: "Minimum Fine $250."
Section 2. CEQA. This Ordinance is exempt from the California
Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3)
which is the general rule that CEQA applies only to projects that have the potential for
causing a significant effect on the environment, and CEQA does not apply where it can
be seen with certainty that there is no possibility that the activity may have a significant
effect on the environment. This Ordinance merely establishes a process by which City
residents may request an accessible parking space and will not result in any physical
changes to the environment.
Severability. If any section, clause or phrase of this Ordinance is for any reason
held to be unconstitutional, or otherwise invalid, such decision shall not affect the
validity of the remaining sections of this Ordinance. The City Council hereby declares
that it would have passed this Ordinance and each section, subsection, sentence,
clause and phrase thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases may be declared unconstitutional.
Section 3. Certification. This Ordinance shall take effect thirty (30) days after
its adoption. The City Clerk shall certify to the passage of this Ordinance and shall
cause this Ordinance to be published or posted as required by law.
Ordinance No. 1010 - Page 2 of 3
Page 294
PASSED, APPROVED, AND ADOPTED this day of 2022.
L. DENNIS MICHAEL
MAYOR
ATTEST:
JANICE C. REYNOLDS
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, do hereby
certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of
the City of Rancho Cucamonga held on the day of , 2022, and was
finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on
the day of , 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
Executed this day of , 2022, at Rancho Cucamonga, California.
Ordinance No. 1010 - Page 3 of 3
JANICE C. REYNOLDS
CLERK
Page 295
ATTACHMENT 2
City of Rancho Cucamonga, California
Guidelines for Installation of On -Street Accessible Parking Zones
The purpose of these guidelines is to provide a process by which Rancho Cucamonga
residents may request the installation of an On -Street Accessible Parking Zone on Public
Right of Way within the City of Rancho Cucamonga, under California Vehicle Code (CVC)
§21458(a)(5), and Rancho Cucamonga Municipal Code (RCMC) Ch.10.60.
A. CURRENT OPTIONS FOR ACCESSIBLE PARKING
Any disabled person or disabled veteran displaying valid disabled parking plates or
placards shall be allowed to park in any On -Street Accessible Parking Zone. "On -Street
Accessible Parking Zone" means a disabled access parking space on a public street
identified by a sign as well as blue paint on the curb or edge of the paved portion of the
street adjacent to the space as described in California Vehicle Code § 22511.7(b)(1) and
(2) and is for the exclusive use of vehicles that display a disabled parking plate or placard.
B. CONDITIONS FOR QUALIFICATION
On -Street Accessible Parking Zones shall only be established where a demonstrated
need for such place is shown as determined by the City Traffic Engineer ("CTE") by the
person applying for the designation of the such On -Street Accessible Parking Zones (the
"Applicant"). In determining need, the CTE must find the following:
• Applicant must be a full-time resident of the Rancho Cucamonga residential
property in front of which the On -Street Accessible Parking Zone is requested.
Proof of residency, such as driver's license or utility bill, is required.
• Applicant must have a valid California Department of Motor Vehicles Permanent
Placard or Plate. Temporary Placards that are valid for less than one year, will
not qualify.
• For apartments, condos and townhomes all on -site parking options must have
been exhausted. Applicants are encouraged to contact the management or
association to inquire about on -site accessible parking spaces. Residents within
an HOA must provide a letter of support from the HOA to be considered.
• For single family dwellings, off-street parking must be unavailable or inaccessible.
Example of inaccessibility might include:
♦ The garage is too narrow (less than 14 ft.) to permit entry and exiting of the
vehicle by the disabled person or disabled veteran.
♦ The driveway grades (greater than 8.33%) would not permit safe or reasonable
entry and exiting of the vehicle by the disabled person or disabled veteran.
• On -street accessible parking zone must be located in front of the residence of the
applicant, unless otherwise approved by the CTE. Should the parking zone be in
front of another residence, a letter of support may be required from the property
P Vs &or 7
ATTACHMENT 2
owner of that residence.
• Tenants must provide a letter of support from the landlord/property owner to be
considered.
C. ENGINEERING AND ACCESSIBILITY STUDY
Prior to approval of an On -Street Accessible Zone, Engineering Services Department
staff will perform an accessibility study. This will require the following:
• Your consent to allow City staff to enter the property of applicant to ascertain the
presence of off-street parking including access to applicant's garage. Applicant's
use of garage for purposes other than parking, such as storage, may result
in denial of On -Street Accessible Parking Zone by the City Traffic Engineer.
• Sufficient curb space to allow installation of the On -Street Accessible Parking
Zone a minimum of 20 feet for parallel parking and 10 feet for angled parking.
D. REMOVAL OF ON -STREET ACCESSIBLE PARKING ZONES
Any designation of an on -street accessible zone made pursuant to the requirements
herein shall be for a period of two years. Thereafter, a renewal application must be
submitted with supporting documentation for continued use. The City Traffic Engineer
may remove or review and re-evaluate on -street accessible zones at any time.
Circumstances that may warrant removal of an On -Street Accessible Parking Zone
include:
• The space is no longer needed;
• The disabled person(s) has moved, vacated the premises, or is deceased;
• The space is altered with the intent to misuse;
• Conditions have changed such that the disabled person(s) no longer is qualified for
a disabled parking placard/plate.
• If at any time the designated zone becomes hazardous/unsafe.
E. AGREEMENT TO THE REQUIREMENTS FOR APPLYING FOR AN ON -STREET
ACCESSIBLE PARKING ZONE.
After reading the City of Rancho Cucamonga Guidelines for an On -Street Accessible
Zone, the applicant will be required to complete the application and sign the
agreement/waiver form. By signing the application, the applicant acknowledges and
agrees to all the requirements associated with the installation of an On -Street Accessible
Parking Zone.
Please note, the On -Street Accessible Parking Zone is not a private or reserved space
for the exclusive use of any individual Applicant and may be used by other vehicles
licensed to park in the accessible parking space on a first -come first -served basis.
Pv!�37or 7
ATTACHMENT 2
CITY OF RANCHO CUCAMONGA APPLICATION FOR ON -STREET ACCESSIBLE
ZONE
Within Residential Areas
Applications are considered on a case -by -case basis. On -Street Accessible Zone spaces
are available for use by any vehicles displaying a valid disabled parking license plate or
placard issued by the State of California Department of Motor Vehicles (DMV) on a first
come, first served basis. All parking regulations set forth in the California State Vehicle
Code (CVC) and City of Rancho Cucamonga Municipal Code are in force at such
locations.
Submit Completed application to: City of Rancho Cucamonga
Engineering Services Department
10500 Civic Center Drive
Rancho Cucamonga, CA 91701
A. APPLICANT INFORMATION
First and Last Name:
Mailing Address:
W1700 al
California Driver's License Number:
01111IMS
Exp: / /.
B. PROPERTY OWNER INFORMATION (Condo owners must have HOA approval
for installation).
First and Last Name:
Mailing Address:
Phone:
Email:
C. ACCESSIBLE PARKING ZONE INFORMATION
Location (address) of requested blue curb:
Reason for request:
Is off-street parking available at the property associated with is request:
-.-
ATTACHMENT 2
Yes No
2. Is there an existing on -street accessible parking spot within 150 feet of the
property associated with this request?
Yes No
3. If off-street parking is available, why is an on -street accessible parking zone needed?
D. Requested by Caregiver - Spouse -Child -Parent of Disabled Adult -Parent -
Child
First and Last Name:
Mailing Address:
Phone: Email:
California Driver's License Number:
Exp: / /
To justify the installation of an On -Street Accessible Zone, please explain why the
unlicensed placard/plate holder (disabled applicant) requires their driver who is not
issued a DMV disabled placard/plate.
Additional Comments:
R M
ATTACHMENT 2
E. SUPPORTING DOCUMENTATION
Please attach photocopies of the documents below. Do not send originals.
❑ Proof of Applicant's address (attach current utility bill, rental agreement, or
driver's license) *
❑ Proof of DMV Issued Disabled Parking Plate or Placard (attach copy of vehicle
registration and/or placard receipt) Copy of placard or plate will not be
accepted*
❑ Completed/signed agreement/waiver for installation
* Note: For security purposes, photocopies of proof of address and proof of DMV
issued plate or placard will be destroyed upon verification completion of
review of this application. Alternatively, applicants may make an appointment
with the Engineering Services Department at (909) 477-2700 to meet in
person or by video -conference to present originals for review without making
copies.
I hereby certify that the information I am providing is true and correct and consent
to City staff entering my property, including access to garage, as part of the
engineering and accessibility study.
Applicant's Signature:
Date:
For more information contact the Engineering Services Department at (909) 477-2700
ATTACHMENT 2
AGREEMENT TO THE REQUIREMENTS FOR INSTALLATION OF ON -STREET
ACCESSIBLE ZONE PARKING SPACE
Applicants for On -Street Accessible Zone Parking must agree to and abide by the following
requirements:
1. The applicant understands that completing the application is not a guarantee
that it will be approved.
2. Applications are approved for a two-year period. Thereafter, a renewal
application must be submitted with supporting documentation for continued
use.
3. The applicant must observe and obey all parking regulations covered in the
California Vehicle Code and City of Rancho Cucamonga Municipal Code.
4. The On -Street Accessible Zone shall not be used for long-term storage of
vehicles. The vehicle must be kept in good repair and shall be operational, as
outlined the California Vehicle Code. For the purpose of this policy, "long-term
storage of vehicles" is defined as any vehicle parked or left standing on a public
street in the same location and not driven or moved in excess of 72 hours.
5. Any misuse of an On -Street Accessible Parking Zone shall result in its removal.
Misuse shall be determined by the City Traffic Engineer. In ascertaining
whether an accessible parking zone has been misused, the City Traffic
Engineer shall consider the following factors:
a. The length of time in which the applicant has left a vehicle in the space
without operating it;
b. Misuse of the applicant's disabled placard or license plates;
c. Any violation by the applicant of the California Vehicle Code, City of
Rancho Cucamonga Municipal Code, or this policy;
d. Any other factors the City Traffic Engineer deems reasonable and
relevant to the issue.
6. The On -Street Accessible Zone is not a private or reserved space and may be
used by other vehicles licensed to park in the accessible parking space on a first -
come first -served basis.
7. The Rancho Cucamonga Police Department has the authority to enforce
parking laws.
I, the applicant, have read and understood this Agreement to the Requirements for Installation of
an On -Street Accessible Zone on Public Streets and agree to abide by them.
Print Name
Address
Signature
Date
P w9, or 7
ATTACHMENT 2
ON -STREET ACCESSIBLE ZONE ON PUBLIC STREETS
LIABILITY WAIVER AND GENERAL RELEASE OF ALL CLAIMS
The On -Street Accessible Zone Program ("Program") is a voluntary program offered by
the City of Rancho Cucamonga ("City").
I , hereby acknowledge that I am voluntarily
participating in the Program. I hereby assume full responsibility for all liability and all risk
of injury or loss, including death, which may result from participation in the Program. I
hereby agree to hold harmless, release, waiver forever discharge and covenant not to
bring legal action or claim against City or its employees, agents and/or officers from any
and all claims or demands I may have by reason of any accident, illness, injury, death,
damage, loss or misuse arising or resulting directly or indirectly from my participation in
the Program and occurring during such participation or any time subsequent thereto.
This Liability Waiver and General Release of All Claims applies whether such loss, injury,
death, damage or misuse is caused or alleged to be caused by any act or omissions by
City or other parties, negligent or otherwise, related to participation in the Program. This
Liability Waiver and General Release of All Claims is binding on me, my heirs, executors,
administrator, and assigns.
I certify that the information I have provided is true and accurate.
Print Name:
Signature:
Street Address:
Date:
PFgjgs302or 7
ON -STREET ACCESSIBLE
PARKING ZONE PROGRAM
APPLICATION GUIDELINES:
REGULAR
PARKING SPACE
NO PARKING '--BLUE PAINTED CURB
AS REOUIRED ISA PARKING SIGN,
SIDEWALK
ON -STREET PARKING
(Parallel parking)
DETAILS & SIGNAGE:
-- -
'slow
PV
�tlt�ir•�� A _
I —_
CITY OF RANCHO CUCAMONGA
rr
THANK YOU
DATE: October 4, 2022
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Michael Frasure, Director of Building and Safety Services
SUBJECT: Consideration of First Reading and Introduction of Ordinance No. 1011,
to be Read by Title Only and Waive Further Reading, Adopting the 2022
Edition of the California Building (model) Codes and the 2021 Edition of
the International Building Codes and a Request to Set a Date for a Public
Hearing for the Proposed Ordinance. (ORDINANCE NO. 1011) (CITY)
RECOMMENDATION:
Staff recommends that the City Council adopt the 2022 California Model Codes and applicable
2021 International Codes by approving a first reading of the Ordinance and that the Public
Hearing date be set for November 2nd, 2022. A public hearing is required prior to the final adoption
of the 2022 California Model Codes and applicable 2021 International Codes together with local
amendments and standards. The effective date of the Ordinance would be January 1,
2023. Additionally, Monday, December 21, 2022 will be the last day to submit applications at City
Hall and December 31, 2022 will be the last day to submit permit applications by electronic
document submittal for projects designed under the current 2019 code standards.
BACKGROUND:
The California Building Standards Commission recently adopted the 2022 Edition of the California
Building Codes, which is also known as the California Code of Regulations, Title 24 (CCR, T-
24). The 2022 California Building Codes include the California Building Code, the California
Plumbing Code, the California Mechanical Code, the California Electrical Code, the California
Residential Code, the California Green Building Code, and the California Historical Building
Code. The ordinance will bring all of the City's Building and Construction Regulations into
compliance with the latest codes adopted by the California Building Standards Commission. Also
required is the adoption of the 2021 International Pool and Spa Code and the International
Property Maintenance Codes. Under State statute, specific referenced model codes must be
adopted by the local jurisdictions within 180 days of the publication date of the model codes. The
effective date for local enforcement of the new codes will be January 1, 2023.
Additionally, any modifications made by local agencies to the technical regulations adopted by
the California Building Standards Commission may only become effective if the local jurisdiction
makes express findings of needs for changes due to local conditions. These modifications must
be directly related to local climatic, geological, or topographical conditions in the form of an
Ordinance and must be filed directly with the Building Standards Commission after its adoption.
Page 303
ANALYSIS:
The 2022 California Building Codes are based on the International Building Code, Volumes 1 and
2, 2021 Edition, the International Residential Code, 2021 Edition, and the International Property
Maintenance Code, published by the International Code Council (ICC); California Green Building
Code 2021 Edition, published by a joint effort of different State agencies; the 2021 International
Pool and Spa Code published by the ICC and the American Association of Pool and Spa
Professionals (APSP); the Uniform Plumbing and Mechanical Codes, 2021 Editions, published
by the International Association of Plumbing and Mechanical Officials (IAMPO); and the National
Electrical Code, 2020 Edition, published by the National Fire Protection Association (NFPA).
The City has previously adopted a number of technical amendments to the building codes
because of special local climatic, geological, and topographical conditions. All applicable past
amendments are carried over into the new codes at this time. Examples of some major local
code amendments are the requirements of high wind design criteria, Class A fire retardant roofing
materials for new buildings constructed in the Very High Fire Hazard Severity Zones, soil reports
for new construction due to the special conditions of soil in the City, etc. At the beginning of each
municipal code section shown in the Ordinance, there are tables of the code sections which
identify the local amendments.
It should be noted that the amendments to the administrative provisions and regulations
addressing elements of construction that are not regulated by the California Building Standards
Commission do not need to meet the test of being necessary due to climatic, geological, or
topographical conditions.
FISCAL IMPACT:
No new fees or changes to the current building permit fee structure are proposed as part of this
building code adoption process.
COUNCIL MISSION I VISION / VALUE(S) ADDRESSED:
ENHANCING PREMIER COMMUNITY STATUS AND PUBLIC SAFETY: The adoption of these
codes will bring our building and construction regulations into compliance with the latest codes
and is an excellent demonstration of local government with outstanding vision of maintaining up-
to-date construction requirements and great public safety.
ATTACHMENTS:
Attachment 1 — Ordinance No. 1011
Page 2
Page 304
ORDINANCE NO. 1011
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, ADOPTING BY REFERENCE THE 2022 CALIFORNIA BUILDING CODE,
INCORPORATING THE "INTERNATIONAL BUILDING CODE, VOLUMES 1 AND 2",
2021 EDITION, INCLUDING APPENDICES THERETO; THE 2022 CALIFORNIA
RESIDENTIAL CODE, INCORPORATING THE "INTERNATIONAL RESIDENTIAL
CODE", 2021 EDITION, INCLUDING APPENDICES THERETO; THE 2022 CALIFORNIA
MECHANICAL CODE, INCORPORATING THE "UNIFORM MECHANICAL CODE", 2021
EDITION, INCLUDING APPENDICES THERETO; THE 2022 CALIFORNIA PLUMBING
CODE, INCORPORATING THE "UNIFORM PLUMBING CODE", 2021 EDITION,
INCLUDING APPENDICES THERETO; THE 2022 CALIFORNIA ELECTRICAL CODE,
INCORPORATING THE "NATIONAL ELECTRICAL CODE", 2020 EDITION,
INCLUDING ANNEXES THERETO; THE 2022 CALIFORNIA GREEN BUILDING
STANDARDS CODE INCLUDING APPENDICES THERETO; THE 2022 CALIFORNIA
HISTORICAL BUILDING CODE", INCLUDING APPENDICES THERETO; THE 2022
CALIFORNIA REFERENCED STANDARDS CODE; THE 2021 INTERNATIONAL
SWIMMING POOL AND SPA CODE; AND THE 2021 INTERNATIONAL PROPERTY
MAINTENANCE CODE, TOGETHER WITH CERTAIN AMENDMENTS, DELETIONS,
ADDITIONS, EXCEPTIONS, AND PENALTIES, AND AMENDING TITLE 15 OF THE
RANCHO CUCAMONGA MUNICIPAL CODE
A. RECITALS.
(i) Government Code Section 50022.1, et seq., authorizes the adoption by
reference of the Codes specified in the title of the Ordinance.
(ii) At least one copy of each of said Codes certified as full, true and correct
by the City Clerk of the City of Rancho Cucamonga have been filed in the
Office of the City Clerk in accordance with the provisions of Government
Code Section 50022.6.
(iii) A duly noticed public hearing, as required by California Government
Code Section 50022.3, has been conducted and concluded prior to the
adoption of this Ordinance.
(iv) All legal prerequisites to the adoption of this Ordinance have occurred.
B. ORDINANCE.
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga ordains as follows:
SECTION 1: In all respects as set forth in the Recitals, Part A, of this Ordinance.
Resolution No. 1011 - Page 1 of 17 ATTACHMENT 1
Page 305
SECTION 2: Chapters 15.04, 15.12, 15.14, 15.16, 15.20, 15.24, 15.26, 15.28, 15.30,
15.32 and 15.34 of Title 15 of the Rancho Cucamonga Municipal Code, entitled Buildings
and Construction, are hereby amended as provided for herein, provided that said
amendments shall not apply to or excuse any violation thereof occurring prior to the
effective date of this Ordinance and provided further that the provisions of Title 15 as exist
prior to the adoption of this ordinance shall continue to be applicable to construction for
which permits have been issued prior to the effective date of this Ordinance.
SECTION 3: Chapter 15.04 of Title 15 of the Rancho Cucamonga Municipal Code is
hereby amended to read as follows:
"CHAPTER 15.04
CODES ADOPTION
Sections:
15.04.010 Codes adoption.
15.04.020 Penalties.
15.04.030 Civil remedies available
"Sec. 15.04.010 Codes adoption.
The 2022 California Building Code, based on the "International Building Code, Volumes 1 and 2",
2021 Edition, including all appendices thereto; the 2022 California Residential Code, based on
the "International Residential Code", 2021 Edition, including all appendices thereto; the 2022
California Mechanical Code, incorporating the "Uniform Mechanical Code", 2021 Edition;
including all appendices thereto; the 2022 California Plumbing Code, incorporating the "Uniform
Plumbing Code", 2021 Edition, including all appendices thereto; the 2022 California Electrical
Code, incorporating the " National Electrical Code ", 2020 Edition; including all annexes thereto;
the 2022 California Green Building Standards Code; the 2022 California Historical Building Code;
the 2022 California Referenced Standards Code; the 2021 International Swimming Pool and Spa
Code; and the 2021 International Property Maintenance Code; are hereby adopted by reference
in their entirety and amended in Chapters 15.04, 15.12, 15.14, 15.16, 15.20, 15.24, 15.26, 15.28,
15.30, 15.32, and 15.34 herein, shall comprise the Building and Construction Regulations of the
City of Rancho Cucamonga.
15.04.020 Penalties.
It shall be unlawful for any person, firm, partnership or corporation to violate any provision or to
fail to comply with any of the requirements of this Title 15 or the secondary codes adopted hereby.
Any person, firm, partnership or corporation violating any provision of this Title 15 or the
secondary codes adopted hereby or failing to comply with any of its requirements shall be deemed
guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding
$1,000.00 or by imprisonment not exceeding six months, or by both such fine and imprisonment.
Each person, firm, partnership or corporation shall be deemed guilty of separate offense for each
and every day or any portion thereof during which any violation of any of the provisions of this
Title 15 or the secondary codes adopted hereby is committed, continued or permitted by such
Resolution No. 1011 - Page 2 of 17
Page 306
person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in
this section.
15.04.030 Civil remedies available.
The violation of any of the provisions of this Title 15 or the secondary codes adopted hereby shall
constitute a nuisance and may be abated by the city through civil process by means of restraining
order, preliminary or permanent injunction or in any other manner provided by law for the
abatement of such nuisances."
SECTION 4: Chapter 15.12 of Title 15 of the Rancho Cucamonga Municipal Code is
hereby amended to read as follows:
"CHAPTER 15.12
BUILDING CODE
Sections:
15.12.005 Section [A]101.4 of Chapter 1, Division II amended — Referenced codes.
15.12.010 Section [A]105.2 of Chapter 1, Division II amended —
Work exempt from permit.
15.12.020 Section [A]113.1 of Chapter 1, Division II amended — Board of Appeals.
15.12.030 Sections [A]114.1 and [A]114.2 of Chapter 1, Division II amended - Violations
15.12.035 Section 710A.3.3 amended - Detached miscellaneous structures
15.12.040 Section 903 amended — Automatic sprinkler systems.
15.12.050 Table 1505.1 amended — Minimum roof covering classification for types of
construction.
15.12.060 Section 1609.3 amended — Basic design wind speed.
15.12.065 Section 1803.5.11 amended — Seismic design categories C through F.
15.12.070 Section 3109.3 added — California Swimming Pool Act.
15.12.080 Section J101 of Appendix J amended — Scope.
15.12.090 Section J101.3 of Appendix J added — Special requirements for hazardous
conditions.
15.12.100 Section J103.2 of Appendix J amended — Exemptions.
15.12.110 Sections J104.5 and J104.6 of Appendix J added — Permit application and
submittal.
Resolution No. 1011 - Page 3 of 17
Page 307
15.12.120 Section J105.1 of Appendix J amended — General.
15.12.130 Section J109.4 of Appendix J amended — Drainage across
property lines.
15.12.135 Section J109.5 of Appendix J added — Site and lot grading for drainage.
15.12.140 Section J110.3 of Appendix J added — Temporary erosion
control during grading.
15.12.150 Section J112 of Appendix J added — Protection of
adjacent property.
15.12.160 Section J113 of Appendix J added — Dust control.
15.12.005 Section [A]101.4 of Chapter 1, Division II amended — Referenced codes.
Sections [A]101.4.1, [A]101.4.2, [A]101.4.3, [A]101.4.4 are deleted.
15.12.010 Section [A]105.2 of Chapter 1, Division II amended - Work exempt from permit.
Section [A]105.2 of the Building Code is hereby amended by amending item 2 to read as follows:
2. Wood, chain -link, plastic, metal or similar fences not over 6 feet in height or
masonry, concrete fence not over 3 feet in height above the lowest adjacent grade.
5.12.020 Section [A]113.1 of Chapter 1, Division II amended — Board of Appeals.
Section [A]113.1 of Chapter 1, Division II is hereby amended to read as follows:
[A]113.1 General.
In order to hear and decide appeals of orders, decisions or determination made by the Building
Official relative to the application and interpretation of this code, there shall be and is hereby
created a Board of Appeals consisting of 3 members and 2 alternates who are qualified by
experience and training to pass on matters pertaining to building construction and who are not
employees of the jurisdiction. The Building Official shall be an ex officio member of and shall act
as Secretary to said Board but shall have no vote on any matter before the Board. The Board
shall adopt rules of procedure for conducting its business and shall render all decisions and
findings in writing to the appellant with a duplicate copy to the Building Official.
15.12.030 Sections [A]114.1 and [A]114.2 of Chapter 1, Division II amended - Violations
Resolution No. 1011 - Page 4 of 17
Page 308
Sections [A]114.1 and [A]114.2 of Chapter 1, Division II are hereby amended to read as follows:
[A]114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct,
alter, extend, repair, move, remove, demolish, occupy or maintain any building, structure or
equipment regulated by this code, or cause same to be done, in conflict with or in violation of any
of the provisions of this code.
[A]114.2 Notice of violation. The Building Official is authorized to serve a notice of violation or
order on the person responsible for the erection, construction, alteration, extension, repair,
moving removal demolition, maintaining or occupancy of a building or structure in violation of the
provisions of this code, or in violation of a permit or certificate issued under the provisions of this
code. Such order shall direct the discontinuance of the illegal action or condition and the
abatement of the violation.
15.12.035 Accessory Structures. Section 710A.3.3 amended - Detached miscellaneous
structures.
Section 710A.3.3 is hereby amended to read as follows:
710A 3.3 Accessory detached miscellaneous structures that are installed at a distance of more
than 3 feet but less than 50 feet from an applicable building shall be constructed of
noncombustible materials or of ignition -resistant materials as described in Section 704.A.2.
15.12.040 Section 903 amended — Automatic Sprinkler Systems.
Amendments to Section 903 shall be those amendments adopted by the City and/or the Rancho
Cucamonga Fire Protection District for Section 903 of the 2022 California Fire Code — Automatic
Sprinkler Systems, all of which are incorporated by reference herein.
15.12.050 Table 1505.1 amended — Minimum roof covering classification for types of
construction.
Table 1505.1 is hereby amended to read as follows:
TahIP 1505.1
Minimum Roof Covering Classification for different types of construction for new
buildings, re -roofs or additions.
IA
IB
IIA
IIB
IIIA
IIIB
IV
VA
VB
A
A
A
A
A
A
B*
B*
B*
*See Section 1505.1.1 for Class A Roof Coverings in Very -High Fire Hazard Severity
Resolution No. 1011 - Page 5 of 17
Page 309
15.12.060 Section 1609.3 amended — Basic design wind speed.
Section 1609.3 is hereby amended by adding a sentence at the end of the section to read as
follows:
The basic wind speed used in the City is 96 miles per hour and Vasd is 75 miles per hour with
Exposure C as described in Section 1609.4.3 shall be used.
15.12.065 Section 1803.5.11 amended — Seismic design categories C through F.
Section 1803.5.11 is hereby amended by adding a sentence at the end of the section to read as
follows:
The geotechnical investigation shall be conducted for all new structures or additions to existing
buildings where the addition is more than 50% of the existing floor area. Any geotechnical reports
that are more than 3 years old shall be required to submit an updated geotechnical report.
15.12.070 Section 3109.3 added — California Swimming Pool Act
Section 3109.3 is hereby added to read as follows:
3109.3 There shall be 3 (three) drowning protection measures provided for the construction of a
new or the remodel of an existing pool or spa. First required measure: An enclosure that meets
the requirements of Section 115923 of the California Swimming Pool Safety Act and isolates the
swimming pool or spa from the private single-family home. The second and third required
drowning protection measures shall be 2 (two) of the remaining 6 (six) measures listed in
Section 115922 of the California Swimming Pool Safety Act.
15.12.075 Section 107.3.4 amended- Design professional in responsible charge
Section 107.3.4 is hereby amended by amending the first 2 (two) sentences to read as follows:
It is required that documents be prepared by a registered design professional for all commercial
and industrial applications. The building official requires the owner or the owner's authorized
agent to engage and designate on the building permit application a registered design
professional or a California State licensed contractor who shall act as the registered design
professional in responsible charge.
15.12.080 Section J101.1 of Appendix J amended —Scope.
J101.1 Scope. The provisions of this chapter apply to grading, excavation and earthwork
construction, including fills and embankments. Where conflicts occur between the technical
requirements of this chapter and the geotechnical report, the geotechnical report shall govern. In
addition, the designs of the work as described above need to meet the recognized and accepted
civil and geotechnical engineering practices and principles.
15.12.090 Section J101.3 of Appendix J added — Special requirements for hazardous
conditions.
Resolution No. 1011 - Page 6 of 17
Page 310
Section J101.3 is hereby added to read as follows:
J101.3 Special requirements for hazardous conditions.
Whenever the Building Official determines that any existing excavation or embankment or fill on
private property has become a hazard to life and limb, or endangers property, or adversely affects
the safety, use or stability of a public way or drainage channel, the owner of the property upon
which the excavation or fill is located, or other person or agent in control of said property, upon
receipt of notice in writing from the Building Official, shall within the period specified therein repair
or eliminate such excavation or embankment to eliminate the hazard and to be in conformance
with the requirements of this code.
15.12.100 Section J103.2 of Appendix J - amended — Exemptions.
Section J 103.2 is hereby amended to read as follows:
J103.2 Exemptions:
A grading permit is not required for the following:
1. When approved by the Building Official, grading in an isolated, self-contained area if there
is no danger to private or public property.
2. An excavation below finished grade for basements and footings of a building, retaining wall
or other structure authorized by a valid building permit. This shall not exempt any fill made
with the material from such excavation or exempt any excavation having an unsupported
height greater than 5 feet (1524mm) after the completion of such structure.
3. Cemetery graves.
4. Refuse disposal sites controlled by other regulations.
5. Excavations for wells or tunnels or utilities.
6. Mining, quarrying, excavating, processing or stockpiling of rock, sand, gravel, aggregate
or clay where established and provided for by law, provided such operations do not affect the
lateral support or increase the stresses in or pressure upon any adjacent or contiguous
property.
7. Exploratory excavations under the direction of soil engineers or engineering geologists.
8. An excavation that (1) is less than 2 feet (610mm) in depth or (2) does not create a cut
slope greater than 5 feet (1524mm) in height and steeper than 1 unit vertical in 2 units
horizontal.
9. A fill less than 1 foot (305mm) in depth and placed on natural terrain with a slope flatter
than 1 unit vertical in 5 units horizontal (20% slope), or a cut less than 3 feet (914mm) in
depth, not intended to support structures, or any soil work that does not disturb soil exceeding
50 cubic yards (38.3m) on any one lot and does not obstruct a drainage course.
Resolution No. 1011 - Page 7 of 17
Page 311
Exemption from the permit requirements of this Appendix shall not be deemed to grant
authorization for any work to be done in any manner in violation of the provisions of this chapter
or any other laws or ordinances of this jurisdiction.
15.12.110 Sections J104.5 and J104.6 of Appendix J added — Permit application and
submittal.
Sections J104.5 and J104.6 are hereby added to read as follows:
J104.5 Plan Information. In addition to the requirements in Section J104.2, the permittee shall
provide other technical information as required by the Building and Safety Department's hand-
outs, policies and standards.
J104.6 As -built plans. The permittee shall provide a copy of as -built plans to the City for a
permanent record at the end of the approved grading work.
15.12.120 Section J105.1 of Appendix J amended — General.
Section J 105.1 is hereby amended to read as follows:
J105.1 General. Inspections shall be governed by Section 110, Chapter 1, Division II of this code
and other requirements established by approved policies and procedures of the Building and
Safety Department. An engineer shall provide grading inspections and certifications for the work
done at the site.
15.12.130 Section J109.4 of Appendix J amended — Drainage across property lines.
Section J109.4 is amended by adding the following to the end of the section as follows:
For Single Family Lot Drainage:
1. Whenever possible, drainage from single family lots shall flow directly to a street.
2. If it should be determined necessary to allow offsite drainage to flow through a single
family lot (to preserve down lot views, esthetics, accept flow from offsite property, etc.),
the following shall apply:
a. Drainage from only one lot shall flow through only one other lot.
b. A drainage easement shall be provided/obtained over the lot accepting the drainage.
c. The drainage shall be contained within either a concrete/rock lined swale or reinforced
concrete pipe.
d. The drainage facility shall be designed with excess capacity to account for the
probable lack of necessary maintenance. Therefore, it shall be designed to convey
two times the runoff from a 100-year storm with the minimum diameter for a pipe being
12 inches.
Resolution No. 1011 - Page 8 of 17
Page 312
15.12.135 Section J109.5 of Appendix J added — Site and lot grading for drainage.
Section J 109.5 is hereby added to read as follows:
J109.5 Site and lot grading for drainage. The site or lot grading shall meet the
requirements as specified in Section 1804.4 - Site Grading of the California
Building Code Volume 2.
15.12.140 Section J110.3 of Appendix J added — Temporary erosion control during
grading.
Section J110.3 is hereby added to read as follows:
J110.3 Temporary erosion control during grading work.
The permittee shall put into effect and maintain all precautionary measures necessary to protect
adjacent watercourses and public or private property from damage by erosion, flooding, and
deposition of mud or debris origination from the site during the grading operation regardless of lot
size.
15.12.150 Section J112 of Appendix J added — Protection of adjacent property.
Section J112 is hereby added to read as follows:
Section J112 Protection of adjacent property.
J112.1 General. During grading operations, the permittee shall be responsible for the prevention
of damage to adjacent property and no person shall excavate on land sufficiently close to the
property line to endanger any adjoining public street, sidewalk, alley, or other public or private
property without supporting and protecting such property from settling, cracking, or other damage
which might result.
15.12.160 Section J113 of Appendix J added — Dust control.
Section J113 is hereby added to read as follows:
Section J113 Dust control.
J113.1 General. The owner of the site or the project contractor shall put into effect and maintain
all precautionary measures necessary to prevent dust blowing from the site to adjacent properties.
Prior to the permit issuance, a dust control sign and required contact information as required by
the department's policy shall be installed at the site."
SECTION 5: Chapter 15.14 of Title 15 of the Rancho Cucamonga Municipal Code is hereby
amended to read as follows:
"CHAPTER 15.14
Resolution No. 1011 - Page 9 of 17
Page 313
RESIDENTIAL CODE
Sections:
15.14.010 Section R105.2 of Chapter 1, Division II amended — Work exempt from permit.
15.14.020 Section 1.8.8.1 of Chapter 1, Division I amended — Board of Appeals.
15.14.030 Sections R113.1 and R113.2 of Chapter 1, Division II amended- Violations.
15.14.040 Section R301.2.1 amended —Wind design criteria.
15.14.050 Section R401.4.1 amended — Geotechnical evaluation.
15.14.060 Section R902.1 amended — Roofing covering materials.
15.14.070 Appendices deleted.
15.14.010 Section R105.2 of Chapter I, Division II amended — Work exempt from permit.
Section R105.2 of the Residential Code is hereby amended by amending items 1 and 2 and
adding new items 11 and 12 to read as follows:
1. One-story detached accessory structure used as tool and storage sheds
playhouses and similar uses, provided the floor area does not exceed 120 square
feet and 8 feet in maximum height as long as the structure is not located in required
setbacks as determined by the Planning Department.
2. Wood, chain -link, plastic, metal or similar fences not over 6 feet in height or
masonry, concrete fence not over 3 feet in height above the lowest adjacent grade.
11. Flag pole not to exceed 20 feet in height above ground in a residential lot.
12. Non -fixed and movable fixtures, cases, racks, counters and partitions not over 5
feet 9 inches in height.
15.14.020 Section 1.8.8.1 of Chapter 1, Division I amended — Board of Appeals.
Section 1.8.8.1 of Chapter 1, Division I is hereby amended to read as follows:
1.8.8.1 General.
In order to hear and decide appeals of orders, decisions or determination made by the Building
Official relative to the application and interpretation of this code, there shall be and is hereby
created a Board of Appeals consisting of 3 members and 2 alternates who are qualified by
experience and training to pass on matters pertaining to building construction and who are not
employees of the jurisdiction. The Building Official shall be an ex officio member of and shall act
as Secretary to said Board but shall have no vote on any matter before the Board. The Board
shall adopt rules of procedure for conducting its business and shall render all decisions and
findings in writing to the appellant with a duplicate copy to the Building Official.
Resolution No. 1011 - Page 10 of 17
Page 314
15.14.030 Sections R113.1 and R113.2 of Chapter I, Division II amended — Violations.
Sections R113.1 and R113.2 of Chapter 1, Division II are hereby amended to read as follows:
R113.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct,
alter, extend, repair, move, remove, demolish, occupy or maintain any building, structure or
equipment regulated by this code, or cause same to be done, in conflict with or in violation of any
of the provisions of this code.
R113.2 Notice of violation. The Building Official is authorized to serve a notice of violation or
order on the person responsible for the erection, construction, alteration, extension, repair,
moving removal demolition, maintaining or occupancy of a building or structure in violation of the
provisions of this code, or in violation of a permit or certificate issued under the provisions of this
code. Such order shall direct the discontinuance of the illegal action or condition and the
abatement of the violation.
15.14.040 Section R301.2.1 amended — Wind design criteria.
Section R301.2.1 is hereby amended to by adding a sentence at the end of the section to read
as follows:
The ultimate design wind speed used in the City is 110 miles per hour for Vult and Vasd is 85
miles per hour with Exposure C as described in Section R301.2.1.4.
15.14.050 Section R401.4.1 amended — Geotechnical evaluation.
Section R401.4.1 is hereby amended by adding a sentence at the end of the section to read as
follows:
A geotechnical or soil report is required for the new construction or when an addition is more than
50% of the existing floor area. Any reports that are more than 3 years old shall be required to
provide an updated report or a soil letter.
15.14.060 Section R902.1 amended - Roofing covering materials.
Section R902.1 is hereby amended to read as follows:
Roofs shall be covered with materials as set forth in Sections R904 and R905. A minimum Class
A or B roofing shall be installed in areas designated by this section. Class A or B roofing required
by this section to be listed shall be tested in accordance with UL 790 or ASTM E 108.
Minimum Roof Covering Classification for different types of construction for new buildings, re roofs
or additions except for the construction of roofs in very High Fire Hazard Zones.
IA
IB
IIA
1113
IIIA
11113
IV
VA
VB
A
A
A
A
A
A
B*
B*
B*
*See Section R902.1.1 for Class A Roof Coverings in Very -High Fire Hazard Severity
Resolution No. 1011 - Page 11 of 17
Page 315
15.14.070 Appendices deleted.
Appendices A, B, C, D, E, F, I, J, K, L, M, N, O, P, Q, R, S, T, and W of the California Residential
Code are hereby deleted."
SECTION 6: Chapter 15.16 of Title 15 of the Rancho Cucamonga Municipal Code is
hereby amended to read as follows:
"CHAPTER 15.16
MECHANICAL CODE
Sections:
15.16.010 Section 104.5 of Chapter 1, Division II amended — Permit fees.
15.16.020 Table 104.5 of Chapter 1, Division II deleted — Mechanical permit fees.
15.16.030 Section 107.1 of Chapter 1, Division II amended — General.
15.16.010 Section 104.5 of Chapter 1, Division II amended - Permit fees.
Section 104.5 of the Mechanical Code is hereby amended to read as follows:
104.5 Permit Fees.
The fee for each permit shall be as established by Resolution of the City Council.
15.16.020 Table 104.5 Deleted - Mechanical permit fees.
Table 104.5 of the Mechanical Code is hereby deleted.
15.16.030 Section 107.1 of Chapter 1, Division II amended - General.
Section 107.1 of the Mechanical Code is hereby amended to read as follows:
107.1 General.
In order to hear and decide appeals of orders, decisions or determinations made by the Building
Official relative to the application and interpretation of this code, there shall be and is hereby
created a Board of Appeals consisting of 3 members and 2 alternates who are qualified by
experience and training to pass on matters pertaining to building construction and who are not
employees of the jurisdiction. The Building Official shall be an ex officio member of and shall act
as Secretary to said Board but shall have no vote on any matter before the Board. The Board
shall adopt rules of procedure for conducting its business, and shall render all decisions and
findings in writing to the appellant with a duplicate copy to the Building Official."
Resolution No. 1011 - Page 12 of 17
Page 316
SECTION 7: Chapter 15.20 of Title 15 of the Rancho Cucamonga Municipal Code is
hereby amended to read as follows:
"CHAPTER 15.20
PLUMBING CODE
Sections:
15.20.010 Section 107.1 of Chapter 1, Division II amended — Board of Appeals.
15.20.020 Section 104.5 amended - Fees.
15.20.030 Table 104.5 deleted - Plumbing permit Fees.
15.20.040 Appendix L deleted.
15.20.050 Section 609.3.1 added — Under concrete slab.
15.20.060 Section H701.2 of Appendix H amended — Multiple installations.
15.20.010 Section 107.1 of Chapter 1, Division II amended — Board of Appeals.
Section 107.1 is hereby amended to read as follows:
107.1 General.
In order to hear and decide appeals of orders, decisions or determinations made by the Building
Official relative to the application and interpretation of this code, there shall be and is hereby
created a Board of Appeals consisting of 3 members and 2 alternates who are qualified by
experience and training to pass upon matters pertaining to building construction and who are not
employees of the jurisdiction. The Building Official shall be an ex officio member of and shall act
as Secretary to said Board but shall have no vote on any matter before the Board. The Board
shall adopt rules of procedure for conducting its business and shall render all decisions and
findings in writing to the appellant with a duplicate copy to the Building Official.
15.20.020 Section 104.5 amended - Fees.
Section 104.5 is hereby amended to read as follows:
104.5 Fees.
The fee for each permit shall be as established by Resolution of the City Council.
15.20.030 Table 104.5 deleted - Plumbing permit fees.
Table 104.5 is hereby deleted.
Resolution No. 1011 - Page 13 of 17
Page 317
15.20.040 Appendix L deleted.
Appendix L is hereby deleted.
15.20.050 Section 609.3.1 added — Under concrete slab.
609.3.1 is hereby added to read as follows:
609.3.1 Copper tubing serving plumbing fixtures within dwelling unit kitchen islands shall be
installed without joints and the installation shall satisfy the following requirements.
1. The copper tubing shall be installed within a watertight continuous sleeve that
prevents direct contact between the copper tubing and under slab soils. During
construction the protective sleeve shall be capped at both ends until the copper
tubing is installed and released for inspection.
15.20.060 Section H701.2 of Appendix H amended — Multiple Installations.
Section H701.2 of Appendix H is hereby amended to read as follows:
H701.2 Multiple Installations.
Multiple seepage pit installations shall be served through an approved distribution box. The inlet
into the pit shall have an approved vented leg fitting extending not less than 12 inches below the
inlet fitting."
SECTION 8: Chapter 15.24 of Title 15 of the Rancho Cucamonga Municipal Code is
hereby amended to read as follows:
"CHAPTER 15.24
ELECTRICAL CODE
Sections:
15.24.010 Section 89.108.4.5 added — Permits, fees, applications and inspections.
15.24.020 Section 89.108.8.1 amended — Board of Appeals.
15.24.010 Section 89.108.4.5 added —Permits, fees, applications and inspections.
Section 89.108.4.5 is hereby added to read as follows:
Resolution No. 1011 - Page 14 of 17
Page 318
89.108.4.5 Qualification of permittee. No person shall be issued a permit under this Chapter
until a valid California Contractor's License of the correct classification is presented to the Building
Official.
Exception: Owner -builder permit may be issued for Group R, Division 3, or Group U occupancy
with the approval of the Building Official.
15.24.020 Section 89.108.8.1 amended — Board of Appeals.
Section 89.108.8.1 is hereby amended to read as follows:
89.108.8.1 General.
In order to hear and decide appeals of orders, decisions or determinations made by the Building
Official relative to the application and interpretation of this code, there shall be and is hereby
created a Board of Appeals consisting of 3 members and 2 alternates who are qualified by
experience and training to pass on matters pertaining to building construction and who are not
employees of the jurisdiction. The Building Official shall be an ex officio member of and shall act
as Secretary to said Board but shall have no vote on any matter before the Board. The Board
shall adopt rules of procedure for conducting its business and shall render all decisions and
findings in writing to the appellant with a duplicate copy to the Building Official."
SECTION 9: Chapter 15.26 of Title 15 of the Rancho Cucamonga Municipal Code is hereby
amended to read as follows:
"CHAPTER 15.26
GREEN BUILDING STANDARDS CODE
15.26.010 [Section reserved for future amendments.]"
SECTION 10: Chapter 15.28 of Title 15 of the Rancho Cucamonga Municipal Code is hereby
amended to read as follows:
"CHAPTER 15.28
REFERENCED STANDARDS CODE
15.28.010 [Section reserved for future amendments.]"
SECTION 11: Chapter 15.30 of Title 15 of the Rancho Cucamonga Municipal Code is hereby
amended to read as follows:
"CHAPTER 15.30
INTERNATIONAL SWIMMING POOL AND SPA CODE
15.30.010 [Section reserved for future amendments.]"
Resolution No. 1011 - Page 15 of 17
Page 319
SECTION 12: Chapter 15.32 of Title 15 of the Rancho Cucamonga Municipal Code is hereby
amended to read as follows:
"CHAPTER 15.32
INTERNATIONAL PROPERTY MAINTENANCE CODE
15.32.010 Chapter 3 amended - General Requirements
15.32.010 Chapter 3 General Requirements is amended by deletion of sections 302.4, 302.8,
303.2."
SECTION 13: A new Chapter 15.34 is hereby added to Title 15 of the Rancho Cucamonga
Municipal Code to read as follows:
"CHAPTER 15.34
HISTORICAL BUILDING CODE
15.34.010 [Section reserved for future amendments.]"
SECTION 14: Penalties. It shall be unlawful for any person, firm partnership, or corporation to
violate any provision or to fail to comply with any of the requirements of this Ordinance or the
Codes adopted hereby. Any person, firm, partnership, or corporation violating any provision of
this Ordinance or the Codes adopted hereby or failing to comply with any of its requirements shall
be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not
exceeding One Thousand Dollars ($1,000) or by imprisonment not exceeding six (6) months, or
by both such fine and imprisonment. Each person, firm, partnership or corporation shall be
deemed guilty of separate offense for each and every day or any portion thereof during which any
violation of any of the provisions of this Ordinance or the Codes adopted hereby is committed,
continued or permitted by such person, firm, partnership or corporation, and shall be deemed
punishable therefore as provided in this Ordinance.
SECTION 15: Civil remedies available. The violation of any of the provisions of this Ordinance
or the Codes adopted hereby shall constitute a nuisance and may be abated by the City through
civil process by means of restraining order, preliminary or permanent injunction or in any other
manner provided by law for the abatement of such nuisances.
SECTION 16: Severability. The City Council hereby declares that should any provision, section,
paragraph, sentence or word of this Ordinance or the Code hereby adopted be rendered or
declared invalid by any final court action in a court of competent jurisdiction, or by reason of any
preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of
this Ordinance and the Codes hereby adopted shall remain in full force and effect.
SECTION 17: Effective date. This Ordinance shall take effect the later of thirty (30) days after
adoption, or January 1, 2023.
Resolution No. 1011 - Page 16 of 17
Page 320
SECTION 18: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be
published within fifteen (15) days after its passage at least once in The Inland Valley DailV Bulletin,
a newspaper of general circulation published in the City of Rancho Cucamonga, California, and
circulated in the City of Rancho Cucamonga, California.
PASSED, APPROVED, AND ADOPTED this day of 20
, Mayor
ATTEST:
Janice C. Reynolds, City Clerk
I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting
of the City Council of the City of Rancho Cucamonga held on the day of
2022, and was passed at a Regular Meeting of the City Council of the City
of Rancho Cucamonga held on the day of 20_
California.
Executed this day of 20_, at Rancho Cucamonga,
Janice C. Reynolds, City Clerk
Resolution No. 1011 - Page 17 of 17
Page 321
DATE: October 4, 2022
TO: President and Members of the Board of Directors
FROM: John R. Gillison, City Manager
INITIATED BY: Mike McCliman, Fire Chief
Robert Ball, Fire Marshal
SUBJECT: Consideration of First Reading of Ordinance No. FD-58, to be Read by
Title Only and Waive Further Reading, An Ordinance of the Board of
Directors of the Rancho Cucamonga Fire Protection District Adopting by
Reference the 2022 California Fire Code, With Errata, Together With
Certain Changes, Modifications, Amendments, Additions, Deletions, and
Exceptions; Providing for the Issuance of Permits and Collection of Fees;
and Repealing Conflicting Ordinances. (ORDINANCE NO. FD-58) (FIRE)
RECOMMENDATION:
Staff recommends that the Board of Directors adopt Ordinance No. FD 58, the fire code adoption
ordinance, by approving a first reading of the ordinance and setting the date of November 2, 2022,
for an advertised public hearing for the code adoption ordinance. A public hearing is required prior
to the final adoption of the 2022 California Fire Code together with local amendments and District
standards, all of which will constitute the Fire Code of the Rancho Cucamonga Fire Protection
District.
BACKGROUND:
Every three years, the State Fire Marshal adopts a new California Fire Code based on the model
code provisions of the International Fire Code. When the State's code is adopted and made
effective July 1st in the triennial cycle, local fire agencies have six months to make amendments
and adopt the code at the local level.
The code adoption process requires two readings of the proposed ordinance. Unlike most other
ordinances, the public hearing for the fire code adoption ordinance is held in conjunction with the
second reading of the ordinance in accordance with Section 13869 of the Health and Safety Code
and Section 50022 of the Government Code. It is for this reason that the first reading is
accompanied by a request for the Board to set a public hearing that coincides with the second
reading of the ordinance at the Board meeting scheduled for November 2, 2022.
ANALYSIS:
This proposed ordinance continues the Fire District's commitment to reducing risks, promoting a
high quality of life, preserving economic vitality, and protecting the environment in Rancho
Cucamonga. Consistent with the last five code adoption ordinances, the local amendments to
construction provisions are minimal and are limited to those necessary to address the challenges
inherent to Rancho Cucamonga's climate, geology, or topography. Most of the amendments are
safety enhancements that have been included in previous ordinances and which reflect this
Page 322
community's values and commitment to a culture of safety for residents, households, and
businesses.
Many of the amendments proposed by this ordinance are administrative in nature designed to
support and facilitate the business operations of the Fire District. Other amendments provide
some fine tuning to safety standards and do not significantly impact development, construction,
or business operations and thus will not have an adverse financial impact on developers or
businesses. The Fire District is keenly aware that one of the primary ways of being a partner in
this community's sustainable economic development is to simply implement at the local level the
fire, health, and environmental protection provisions approved by the State Building Standards
Commission and the State Fire Marshal.
The proposed ordinance also carries over provisions from the 2019 Fire Code that provide
additional abilities to recover court costs and attorney's fees. The Fire District rarely uses the
courts to gain compliance with fire prevention, life safety, and environmental protection codes and
standards, but when persistent non-compliance has left no other options, the compliance efforts
taken into the courts have a cost that is sometimes substantial. The provisions approved in 2019
and included in this proposed ordinance will allow District staff to more fully recover the costs of
court cases and put the cost burden of gaining compliance on the violator and not on general fund
of the Fire District. These additions to the ordinance provide the best opportunity and tools to
ensure the risk reduction, hazard mitigation, and safety that is expected and valued in Rancho
Cucamonga is not a burden to those who comply with safety codes and standards.
Additionally, the proposed ordinance adopts by reference the State's fire safe regulations for the
State Responsibility Area and Very High Fire Hazard Severity Zones within the Fire District's
jurisdictional boundaries. This adoption by reference puts the Fire District in compliance with the
State's requirements for providing fire protection and prevention services in designated wildland-
urban interface fire areas.
FISCAL IMPACT:
The proposed ordinance will re -authorize the assessment of fees by the Fire District for
inspections and permits. This authorization provides the mechanism for the inspection services
to recover associated costs; however, the collection of most inspection and permit fees is currently
being waived by a resolution of the Board approved in conjunction with the adoption of the Fire
District's budget. The proposed ordinance also re -authorizes the fees and fines for false and
unwanted alarms, maintains the ability to issue administrative citations, and, as previously
mentioned, improves the ability to recover costs of legal services. All of these elements of the
ordinance are designed to ensure fiscal responsibility by maximizing cost recovery where is it
appropriate and approved by the Board.
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
The Fire Code of the Rancho Cucamonga Fire Protection District, as offered by the proposed
ordinance supports the Board's vision of an equitable, sustainable, and vibrant city, rich in
opportunity for all to thrive and is consistent with the Board's core values of providing and
nurturing a high quality of life for all, promoting a safe and healthy community for all, and
enhancing the opportunity for sustainable and equitable prosperity for all.
ATTACHMENTS:
Attachment 1 — Ordinance No. FD-58
Page 2
Page 323
ORDINANCE NO. FD 58
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, STATE
OF CALIFORNIA, ADOPTING BY REFERENCE THE 2022
CALIFORNIA FIRE CODE, WITH ERRATA, TOGETHER WITH
CERTAIN CHANGES, MODIFICATIONS, AMENDMENTS,
ADDITIONS, DELETIONS, AND EXCEPTIONS; PROVIDING FOR
THE ISSUANCE OF PERMITS AND COLLECTION OF FEES; AND
REPEALING CONFLICTING ORDINANCES
The Board of Directors of the Rancho Cucamonga Fire Protection District hereby ordains as follows
SECTION 1. Repeal of Conflicting Ordinances
Ordinance No. FD 57 of the Rancho Cucamonga Fire Protection District and any provisions of any
District ordinance that are in conflict with the Fire Code hereby adopted are hereby repealed provided,
however, that such repeal shall not affect or excuse any violation of either Ordinance or any such
conflicting provisions, occurring prior to the effective date hereof.
SECTION 2. Fire Code Adopted
The Rancho Cucamonga Fire Protection District (hereinafter District or Fire District) hereby adopts by
reference as the District's Fire Code, the 2022 California Fire Code as published by the California
Building Standards Commission, with errata, including Appendix Chapter 4; Appendices A, B, BB, C,
CC, H, I, N, and O; and Referenced Standards, with the changes, modifications, amendments,
additions, deletions, and exceptions prescribed in Section 4 of this ordinance, and the same are hereby
adopted for safeguarding of life, property, and the community from injury; fire; explosion; hazardous
materials, substances, devices, conditions, processes, activities, operations, practices, and functions;
environmental damage; and economic harm, and providing for the issuance of permits and the
collection of fees. Each and all of the regulations, provisions, penalties, conditions, and terms of said
Fire Code, a copy of which is on file in the office of the Secretary of the Board of Directors of the Fire
District, are hereby referred to, adopted, and made a part hereof as if fully set out in this ordinance,
subject only to the amendments and deletions herein.
2.1 Definitions. As used in the Fire Code, the terms set forth below are defined as follows:
2.1.1 The terms "Board of Directors" and "Directors" shall mean the governing body of the District.
2.1.2 The terms "department", "Department", "district", "District", "fire department", "fire district", "Fire
District", "jurisdiction", and "Jurisdiction" where used in the Fire Code and this ordinance to
identify the local fire authority shall mean the Rancho Cucamonga Fire Protection District.
2.1.3 The term "governing body" shall mean the Board of Directors of the Fire District.
2.1.4 The term "jurisdiction" shall mean all of the territory, land, buildings, structures, and premises
within the legal boundary of the District.
2.1.5 The term "Municipal Code" shall mean the Municipal Code of the City of Rancho Cucamonga
2.2 Fees
ATTACHMENT 1
Ordinance No. FD 58 - Page 1 of 62 Page 324
2.2.1 Reasonable fees, not to exceed fully burdened actual costs, may be collected by the fire code
official for fire protection planning, fire prevention services, inspections, permit issuance,
standby personnel, and emergency operations as allowed by the Fire Code, this ordinance, and
as prescribed by any and all District fee resolutions.
2.3 Distinguishing Between Model Code Language; California Amendments; and Fire District
Additions, Amendments, Deletions, and Other Changes
2.3.1 International Fire Code and California Code of Regulations Title 14 model code language
appears in regular type.
2.3.2 California amendments to the model code language appear in italics.
2.3.3 Fire District additions and amendments are identified by the use of underlining.
2.3.4 Subsections where the text of the model code and/or California amendments has been deleted
are identified by the > symbol preceding the subsection number.
2.3.5 Code sections that have not been amended or changed in any manner are occasionally included
in this ordinance to keep the additions, amendments, deletions, and other changes in context.
SECTION 3. Fire Code Adoption Matrix
3.1 The following Fire Code Adoption Matrix is provided as a single reference showing which chapters
and appendices of the 2022 California Fire Code are adopted by this Ordinance and which chapters
and appendices have been amended by this Ordinance.
Ordinance No. FD 58 - Page 2 of 62 Page 325
Fire Code Adoption Matrix - Divisions and Chapters
Division/
Chapter/
Appendix
Title
Adopt California
Code without
Amendments
Adopt California
Code with
Fire District
Amendments
Adopt IFC Model
Code with State/
District
Amendments
Not Adopted -
Reference
Only
Ch. 1 Division I
California Administration
x
Ch. 1 Division II
Scope and Administration
x
Ch.2
Definitions
x
Ch. 3
Requirements
x
Ch. 4
nc Planningand Preparedness
x
Ch. 5
vice Features
building
x
Ch. 6
Services and Systems
x
Ch. 7
Smoke Protection Features
x
Ch. 8
Interior Finish, Decorative Materials and Furnishings
x
Ch. 9
Fire Protection and Life Safety Systems
x
Ch. 10
Means of Egress
x
Ch. 11
Construction Requirements for Existing Buildings
x
Ch. 12
Energy Systems
x
Ch.13-19
RESERVED
Ch. 20
Aviation Facilities
x
Ch.21
Dry Cleaning
x
Ch. 22
Combustible Dust -Producing Operations
x
Ch. 23
Motor Fuel -Dispensing Facilities and Repair Garages
x
Ch. 24
Flammable Finishes
x
Ch. 25
Fruit and Crop Ripening
x
Ch. 26
Fumigation and Insecticidal Fogging
x
Ch. 27
Semiconductor Fabrication Facilities
x
Ch. 28
Lumber Yards... and Woodworking Facilities
x
Ch. 29
Manufacture of Organic Coatings
x
Ch. 30
Industrial Ovens
x
Ch. 31
Tents, Temp Structures, and Other Membrane Structures
x
Ch. 32
High -Piled Combustible Storage
x
Ch. 33
Fire Safety During Construction and Demolition
x
Ch. 34
Tire Rebuilding and Tire Storage
x
Ch. 35
Welding and Other Hot Work
x
Ch.36
Marinas
x
Ch. 37
Combustible Fibers
x
Ch.38
RESERVED
Ch. 39
Processing and Extraction Facilities
x
Ch. 40
Storage of Distilled Spirits and Wines
x
Ch.41-47
RESERVED
Ch. 48
Motion Picture and Television Production Studio Sound Stages
x
Ch. 49
Requirements for Wildland-Urban Interface Fire Areas
x
Ch.50
Hazardous Materials -General Provisions
x
Ch.51
Aerosols
x
Ch.52
RESERVED
Ch. 53
Compressed Gases
x
Ch. 54
Corrosive Materials
x
Ch. 55
Cryogenic Fluids
x
Ch. 56
Explosives and Fireworks
x
Ch. 57
Flammable and Combustible Liquids
x
Ch. 58
Flammable Gases and Flammable Cryogenic Fluids
x
Ch. 59
Flammable Solids
x
Ch. 60
Highly Toxic and Toxic Materials
x
Ch. 61
Liquefied Petroleum Gases
x
Ch. 62
Organic Peroxides
x
Ch. 63
Oxidizers, Oxidizing Gases, and Oxidizing Cryogenic Fluids
x
Ch. 64
Pro horic Materials
x
Ch. 65
Pyroxylin Cellulose Nitrate Plastics
x
Ch.66
Unstable Reactive Materials
x
Ch. 67
Water -Reactive Solids and Liquids
x
Ch.68-79
RESERVED
Ch. 80
Referenced Standards
x
Ordinance No. FD 58 - Page 3 of 62 Page 326
Fire Code Adoption Matrix - Appendices
Appendix
Title
Adopt Appendix
without
Amendments
Adopt Appendix
with Fire District
Amendments
Adopt IFC ModelNot
Code with State/
District
Amendments
Adopted -
Reference
Only
Ch. 4
Special Detailed Requirements Based on Use and Occupancy
X
A
Board of Appeals
X
App. B and BB
Fire -Flow Requirements for Buildings
X
C and CC
Fire Hydrant Locations and Distributions
X
D, E, F, G
Various
X
H
Hazardous Materials Management Plan
X
App. I
Fire Protection Systems - Noncompliant Conditions
X
App. J, K, L, M
Various
X
N
Indoor Trade Shows and Exhibitions
X
App. O
Temporary Haunted Houses, Ghost Walks, and Similar...
X
App. P
Community WUI Wildland-Urban Interface Eval Framework
X
SECTION 4. Local Amendments to the California Fire Code. Except as modified by an express
change, modification, amendment, addition, deletion, or exception in this section, and as reflected in the
Fire Code Adoption Matrix in Section 3, above, all sections, subsections, tables, chapters and appendices
as published in the 2022 California Fire Code are adopted by reference and made part of the Fire Code.
Only those sections, subsections, tables, chapters and appendices so modified are set forth below in
Section 4.
DIVISION II
ADMINISTRATION
PART 1 — GENERAL PROVISIONS
SECTION 101
GENERAL
101.1 Title. These regulations shall be collectively known as the Fire Code of the Rancho Cucamonga Fire
Protection District (District or Fire District), hereinafter referred to as "this code."
SECTION 102
APPLICABILITY
>102.6 Historic buildings. The provisions of this code relating to the construction, alteration, repair,
enlargement, restoration, relocation or moving of buildings or structures shall not be mandatory for
existing buildings or structures identified and classified by the state or local jurisdiction as historic
buildings where such buildings or structures do not constitute a distinct hazard to life or property.
Buildings determined to be historic shall be subiect to the abDlicable provisions of Chanter 11. the
California Building Code, and the California Historical Building Code.
Ordinance No. FD 58 - Page 4 of 62 Page 327
102.7 Referenced codes and standards. The codes and standards referenced in this code shall be those
that are listed in Chapter 80 and Fire District standards approved by the fire code official. Such codes
and standards shall be considered to be part of the requirements of this code to the prescribed extent of
each such reference and as further regulated by Sections 102.7.1 through 102.7.3.
102.7.1 Conflicts. Where conflicts occur between provisions of this code and referenced codes and
standards, the provisions of this code shall apply.
102.7.2 Provisions in referenced codes and standards. Where the extent of the reference to a
referenced code or standard includes subject matter that is within the scope of this code, the provisions
of this code, as applicable, shall take precedence over the provisions in the referenced code or standard.
102.7.3 Intent of the Code. Where the intent of the code is unclear due to differences that ma, occur
between the provisions of this code and the referenced standards, the fire code official shall determine
which requirement meets the intent of this code.
102.10 Conflicting Provisions. Where there is a conflict between a general requirement and a specific
requirement, the specific requirement shall be applicable. Where, in a specific case, different sections of
this code specify different materials, methods of construction, or other requirements, the most restrictive
shall govern. Provisions of the California Code of Regulations that are included in this code specificallX
or by reference shall prevail except where this code or a referenced code or standard contains a more
restrictive requirement.
102.13 State Responsibility Area. State Responsibility Area (SRA) within the District shall be subject
to the provisions of California Code of Regulations Title 14, Division 1.5, Chapter 7, Subchapter 2
known as the "SRANHFHSV Fire Safe Regulations" except when provisions of this code are more
restrictive than the corresponding provisions of Title 14.
Exception: When in the opinion of the fire code official the provisions of the SRANHFHSZ Fire
Safe Regulations are better suited to the conditions, circumstances, or practical difficulties existing
or inherent in the SRA, the requirements of the SRANHFHSZ Fire Safe Regulations that are less
restrictive than this code may be approved in whole or in part for a specific application or project.
The approval of a less restrictive provision of the SRANHFHSZ Fire Safe Regulations over a more
restrictive provision of this code in one case shall not be construed to be an approval in and
case.
102.13.1 Amendments. The SRANHFHSZ Fire Safe Regulations are amended as follows:
§1270.06 Exceptions to Standards.
>(c) Where an exception is not granted by the inspection authority, the applicant may appeal such
denial in accordance with Section 111 of this code.
Ordinance No. FD 58 - Page 5 of 62 Page 328
PART 2 — ADMINISTRATIVE PROVISIONS
>SECTION 103
CODE COMPLIANCE AGENCY
Deleted
SECTION 104
DUTIES AND POWERS OF THE FIRE CODE OFFICIAL
104.1 General. The fire code official is hereby authorized to implement, administer, and enforce the
provisions of this code. The fire code official shall have the authority to render interpretations of this
code and to adopt policies, procedures, rules, and regulations in order to clarify the application of its
provisions. Such interpretations, policies, procedures, rules, and regulations shall be in compliance with
the intent and purpose of this code. Such policies, procedures, rules, and regulations shall not have the
effect of waiving requirements specifically provided for in this code. The fire code official is also
authorized to implement, administer, and enforce provisions of the Municipal Code where such authority
has been granted.
104.1.1 Appointment. The fire code official shall be appointed by the fire chief and shall hold the
position in accordance with the Rancho Cucamonga Fire Protection District Rules and Regulations.
104.1.2 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the
concurrence of the appointing authority, the fire code official shall have the authority to appoint
deputy fire code officials, other related technical officers, inspectors, and other employees.
104.1.3 Other enforcement officers. The following persons are hereby authorized, during the course
of their official duties, to enforce the provisions of this code and to make arrests and issue citations as
authorized by law:
1. The San Bernardino County Sheriff and any Deputy Sheriff
2. Officers of the United States Forest Service
3. The State Forest Ranger and Peace Officers of the California Department of Forestry and Fire
Protection (Cal Fire)
4. Officers of the California Highway Patrol
5. Law enforcement and authorized members of fire agencies operating under automatic or mutual
aid agreements within the boundaries of the Rancho Cucamonga Fire Protection District
6. Employees of the City of Rancho Cucamonga's Building and Safety Department and
Community Improvement Division who have been expressly designated by their appointing
authority as having the power of arrest or the authority to issue administrative citations.
104.3.2 Right to cure. When a property owner or owners fail to undertake the maintenance and
repair of a fire apparatus access road or a private, onsite water supply system as defined by Fire
District Standard 5-10, and the failure is not cured within 20 days after receipt of written demand
from the Fire District to do so (or if such failure cannot reasonably be cured within such 20 day
period, the property owner or owners shall have such longer period as may reasonably be necessary
to cure the failure so long as s the property owner or owners commence to cure such failure within the
above 20 day_period and thereafter diligently and continuously_ prosecutes such cure to completion),
then upon reasonable prior notice, the Fire District shall thereafter have a license and right to enter
upon the property for the sole purpose of undertaking and completing such maintenance and repair;
provided, however, that the Fire District shall, upon completion thereof, repair all damage
negligently caused by such epta and repair to the same condition as existed immediately prior to the
Ordinance No. FD 58 - Page 6 of 62 Page 329
commencement of such maintenance and repair work. The property owner or owners shall promptly
reimburse the Fire District for the actual costs incurred in performing such work.
104.7 Liability. The fire code official, member of the board of appeals, officer, or employee charged
with the enforcement of this code, while acting in that capacity for the jurisdiction, in good faith and
without malice in the discharge of the duties required by this code or other pertinent law or ordinance,
shall not thereby be rendered civilly or criminally liable personally, and is hereby relieved from all
personal liability for any damage accruing to persons or property as a result of an act required or
permitted by this code or by reason of an act or omission in the discharge of official duties.
104.7.1 Legal defense. Any suit or criminal complaint instituted against any officer or employee
because of an act performed by that officer or employee in the lawful discharge of duties and under
the provisions of this code shall be defended by the legal representative of the jurisdiction until the
final termination of the proceedings. The fire code official or any subordinate or hired agent of the
District shall not be liable for costs in an action, suit, or proceeding that is instituted in pursuance of
the provisions of this code; and any officer of the District, acting in good faith and without malice,
shall be free from liability for acts performed under any of its provisions or by reason of any act or
omission in the performance of official duties in connection therewith.
104.9 Modifications. Where there are practical difficulties involved in carrying out the provisions of this
code, the fire code official shall have the authority to grant modifications for individual cases, provided the
fire code official shall first find that special individual reason makes the strict letter of this code impractical
and the modification is in compliance with the intent and purpose of this code and that such modification
does not lessen the health, life and fire safety requirements. The details of action granting modifications
shall be recorded and entered in the files of the District.
104.13 Cost recovery generally. Costs incurred by the District for fire suppression, investigation, rescue,
emergency medical care, responses to a traffic collision or accident, responses to a false or unwanted alarm
or a malfunctioning alarm system, and containment/mitigation of a hazardous materials release are
recoverable in accordance with Health and Safety Code Sections 13009 and 13009.1 and Government
Code Section 53150 et seq.
Any person who negligently or intentionally, or in violation of law, causes an emergency response is liable
for any and all of the costs associated with the emergency and the emergency response. Any expense
incurred by the District in responding to and securing such an emergency situation shall constitute a debt
of such person and shall be collectible by the District in the same manner as in the case of an obligation
under contract, expressed or implied. Fire inspection costs are recoverable in accordance with the District's
Fee Resolution.
104.14 Cost recovery for nuisance abatement. All costs actually incurred by the District in any action,
administrative proceeding or special proceeding to abate a violation of this code, which constitutes a
nuisance, may be recovered by the District by any means authorized by law, including but not limited, to
lien or special assessment according to the requirements of law, and there shall be a right to appeal pursuant
to Section 111 of this code. An "action" or "proceeding" means any civil or administrative proceeding or
appeal therefrom. Attorney's fees incurred by the District in such proceedings may be recovered by the
prevailing, party if the District elected at the initiation of the action or proceeding to recover its own fees.
In no action or proceeding of any type shall an award of attorney's fees to a prevailing party exceed the
amount of reasonable attorney's fees.
Ordinance No. FD 58 - Page 7 of 62 Page 330
104.15 Subpoenas. The District shall have the power to issue subpoenas and subpoenas duces tecum. This
power shall be exercised and enforced in the manner provided by the Government Code, and such powers
shall extend only to business of the District in investigating and enforcing violations of this code and other
laws enforceable by the District. Subpoenas shall be signed . by the chair or clerk of the District Board.
Any member of the Board, or any person otherwise so empowered may administer oaths to, or take
affirmations from, witnesses before the Board.
SECTION 105
PERMITS
105.1 General. Permits shall be in accordance with this section.
>105.1.4 Emergency Repairs. The fire code official shall be notified when equipment replacement
and/or repairs must be performed in an emergency situation. In such cases, the replacement of
equipment and/or repairs are authorized to take place prior to the submittal of the plans and permit
gpplication for the necessary work. The fire code official is authorized to specify a time within which
the plans and permit application must be submitted.
105.1.5 Repairs. Application or notice to the fire code official is not required for ordinary repairs to
structures, equipment, or systems. Such ordinary repairs shall not include:
1. Cutting away of anwall, partition, or portion thereof.
2. Removal or changey required means of egress.
3. Rearrangement of parts of a structure affectingtegress requirements.
4. Addition to, alteration of, replacement, or relocation of an., standpipe, fire protection water
supply, automatic sprinkler system, fire alarm system, or automatic fire -extinguishing
system.
5. Replacement of a fire alarm control unit.
6. Change to the fire alarm communicating method and/or equipment.
7. Any other work which, in the opinion of the fire code official, potentially affects fire
protection or life safety.
>105.3.1 Expiration. An operational permit shall remain in effect until reissued, renewed, or
revoked or for such a period of time as specified in the permit. Construction permits and fees shall
be in accordance with the policies. procedures. and ordinances of the Building and Safetv Department
having iurisdiction. which shall be either the Citv of Rancho Cucamonga or the Countv of San
Bernardino. Permits are not transferable and any change in occupancy, operation, tenancy, or
ownership shall require that a new permit be issued.
>105.3.1.1 Expiration. [BSC] On or after January 1, 2019, every permit issued shall become
invalid unless the work on the site authorized by such permit is commenced in accordance with
the policies. procedures. and ordinances of the Building and Safety Department having
jurisdiction, which shall be either the City of Rancho Cucamonga or the County of San
Bernardino. The building official is authorized to grant, in writing, one or more extensions of
time in accordance with the applicable policies, procedures, and/or ordinances. (See Health and
Safety Code Section 18938.5 and 18938.6 for reference)
>105.3.2 Extensions. A permittee holding an unexpired permit shall have the right to apply for an
extension of the time within which the permittee will commence work under that permit where work
is unable to be commenced within the time required by this section for good and satisfactory reasons.
The fire code official and/or the building code official are authorized to grant, in writing, one or more
Ordinance No. FD 58 - Page 8 of 62 Page 331
extensions of the time period of a permit in accordance with the policies, procedures, and ordinances
of the Building and Safety Department having jurisdiction, which shall be either the City of Rancho
Cucamonga or the County of San Bernardino. Such extensions shall be requested by the permit
holder in writing and justifiable cause demonstrated. Expired permits, at the discretion of the fire
code official and/or the building code official, may be returned to an unexpired status and extensions
granted in accordance with this section.
105.4.1 Non-payment of permit fee. The fire code official is authorized to revoke a permit issued
under the provisions of this code when the permittee fails to pay permit fees in accordance with the
terms of the Permit Application or when a check or credit/debit card transaction submitted for payment
of the permit fee(s) is returned or declined.
>105.5 Required operational permits. The fire code official is authorized to require and issue
operational permits for the operations set forth in Fire District Standard 1-1.
>105.6 Required construction permits. The fire code official is authorized to require and issue
construction permits for work as set forth in Fire District Standard 1-2.
SECTION 106
CONSTRUCTION DOCUMENTS
>106.1 Submittals. Construction documents and supporting data shall be submitted in in accordance
with the policies and procedures, and in such form and detail, as required by the fire code official and/or
the building official. Construction documents shall be prepared by a registered design professional where
required by state or local statutes or policies.
Exception: The fire code official is authorized to waive the submission of construction documents
and supporting data not required to be prepared by a registered design professional if it is found that
the nature of the work applied for is such that review of construction documents is not necessary to
obtain compliance with this code.
106.2.1 Information on construction documents. Construction documents are generally required
to be drawn to scale. Documents are - generally required to be submitted in a digital format with
document settings and formatting in accordance with the policies and procedures of the District and
the Building Department. Construction documents shall be of sufficient clarity to indicate the
location, nature, and extent of the work proposed and show in detail that it will conform to the
provisions of this code and relevant laws, ordinances, rules, and regulations as determined by the fire
code official and/or the building official.
>106.4 Retention of construction documents. Construction documents shall be retained by the fire
code official in accordance with the City of Rancho Cucamonga's Retention Schedule. One set of
approved construction documents shall be returned to the applicant and said set shall be kept on the site
of the building or work at all times during which the work authorized thereby is in progress. At the
conclusion of the work, construction documents are required to be kept on the site or at another location
where the documents are readily accessible to the building owner.
Ordinance No. FD 58 - Page 9 of 62 Page 332
SECTION 107
FEES
107.1 Fees. A permit shall not be issued until the fees i, f any, have been paid, nor shall an amendment
or change to a permit be released until the additional fee, if any, has been paid.
>107.2 Schedule of permit fees. Fees for inspections and permits shall be established by a fee schedule
approved by the Board. Assessed fees shall be due and payable in accordance with the policies of the
District.
107.2.1 Collection of fees. The collection of previously pproved fees can be waived, or the amount
collected can be reduced, by a resolution of the Board without affecting the approved fees.
107.4 Work commencing before permit issuance. A person who commences any work, activity, or
operation regulated by this code before obtaining the necessary permits shall be subject to a citation with
a fine or an additional fee established by the Board, which shall be in addition to the required permit
fees.
107.5 Related fees. The payment of the fee for the construction, alteration, removal, or demolition of
work done in connection to or concurrently with the work or activity authorized by an operational permit
shall not relieve the applicant or holder of the construction, alteration, removal, or demolition permit
from the payment of other fees that are prescribed by law. The payment of the fee for a permit for a
conditional or temporaruse gpproved by the City or County shall not relieve the applicant or holder of
the conditional or temporary use permit from the payment of other fees prescribed by law. The payment
of the fee established by the Board for an inspection and/or operational permit shall not relieve the
recipient of inspection services or the applicant or holder of an operational permit from the payment of
other fees duly prescribed by the Board and any other governmental or re ug latory enti1y.
107.6 Refunds. The District is authorized to establish a policy allowing for refunds, reductions, or
cancellations of fees that have been assessed or paid.
>SECTION 111
APPEALS
111.1 Policies and procedures for appeals established. In order to hear and decide appeals of orders,
decisions, or determinations made by the fire code official relative to the application and interpretation
of this code, there shall be and is hereby created policies and procedures for appeals. Appeals shall be in
accordance with Appendix A as amended and Fire District Standard 1-3.
Note: The remainder of Section 111 is deleted and replaced with Fire District Standard 1-3.
SECTION 112
VIOLATIONS
112.1 Unlawful acts. It shall be unlawful and a public nuisance for a person, firm, or corporation to
erect, construct, alter, repair, remove, demolish, or utilize a building, occupancy, premises, system,
equipment, or process regulated by this code, or cause same to be done, in conflict with or in violation
of any of the provisions of this code, District ordinance or resolution, or other lawful order of the fire
chief, fire code official, or their designees.
Ordinance No. FD 58 - Page 10 of 62 Page 333
112.3 Notice of Violation. Where the fire code official finds a building, premises, vehicle, storage
facility, outdoor area, equipment or equipment in use, process, or procedure that is in violation of this
code, the fire code official is authorized to prepare a written notice of violation describing the conditions
deemed unsafe and, where compliance is not immediate, specifying a time for re -inspection.
Violations that are deemed to be immediately dangerous to life, health, or the environment will be subject
to stop work or similar orders in accordance with Section 113 and Fire District Standard 1-4, prosecution,
and/or any and all penalties in accordance with this code.
112.3.3 Prosecution of violations. If the notice of violation is not complied with promptly, the fire
code official is authorized to request the legal counsel of the jurisdiction to institute the appropriate
legal proceedings at law or in equity to restrain, correct, or abate such violation or to require removal
or termination of the unlawful occupancy of the structure in violation of the provisions of this code
or of the order or direction made pursuant hereto. In addition to, or in place of, any other remedy
which is allowed by law, administrative penalties may b�posed in connection with any violation
of this code or District ordinance.
112.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with
any of the requirements thereof or who shall erect, install, alter, repair, or do work in violation of the
approved construction documents or directive of the fire code official, or of a permit or certificate used
under provisions of this code, shall be guilty of a public nuisance and misdemeanor, punishable by a fine
of not more than the maximum allowed by law or by imprisonment not exceeding six months, or both
such fine and imprisonment. The fire code official, with the concurrence of the chief and the district
attorney or District prosecutor, is authorized to issue administrative citations and fines as allowed by an
ordinance of the Board of Directors in place of, or in addition to, the violation penalties contained in this
section. Each day that a violation continues after notice has been served shall be deemed a separate
offense.
In addition to, or in place of, the foregoing penalties, administrative penalties pursuant to the District's
Administrative Citation Ordinance may be imposed in connection with any violation of this code or any
District ordinance. Any person violating or who has violated any section of this code or District
ordinance may be issued an administrative citation in accordance with the Administrative Citation
Ordinance. In addition, violations of this code may be abated by any other means authorized b
including injunctive relief. These remedies are intended to be cumulative and not exclusive and may be
used in addition to or in lieu of each other.
>SECTION 113
STOP WORK ORDER
113.1 General. A stop work order is authorized to be issued in accordance with Fire District Standard
11-44 where the fire code official finds any operation, process, procedure, equipment, building, or work
regulated by this code, any other code adopted by the City of Rancho Cucamonga or the County of San
Bernardino, or any State or Federal law, statute, or regulation, being_ performed in a manner contrary to
the provisions of the applicable code, or in a dangerous or unsafe manner.
Note: The remainder of Section 113 is deleted and replaced with Fire District Standard 1-4.
Ordinance No. FD 58 - Page 11 of 62 Page 334
>SECTION 114
UNSAFE STRUCTURES, EQUIPMENT, AND OPERATIONS
114.1 General. If during the inspection of a premises, a structure, any building system, or anoperation
regulated by this code or an approved or recognized standard, in whole or in part, a determination is
made by the fire code official that conditions are an inimical threat to human life, safety,
otherwise unsafe, the fire code official is authorized to address, remove, or otherwise
or health or
remedy the
condition in accordance with Fire District Standard 1-4.
Note: The remainder of Section 114 is deleted and replaced with Fire District Standard 1-4.
SECTION 115
ACCESS RESTRICTIONS
115.1 Public Lands. The chief is authorized to determine when conditions exist on public lands within
the designated wildland-urban interface fire area that present an immediate, exceptional, and/or
continuing danger. Such conditions include, but are not limited to, critical fire weather conditions, a red
flag warning or fire weather watch issued by the National Weather Service, dangerously low fuel
moisture levels, density of the natural vegetation, imminent flooding or flooding in progress, and similar
hazards to individual and communi . safety. Upon making such a determination, the chief is authorized
to close the affected areas and prohibit entry with the concurrence, where applicable, of the federal, state,
or local agency that has primary jurisdiction over the affected area.
Exceptions:
1. Residents and owners of private property and their invitees whose regular access to their
property is through an affected area.
2. Entry, while in the course of duty, by peace or police officers; officials and employees of the
District, San Bernardino County Fire Protection District, CalFire, US Forest Service, and
automatic and mutual aid fire departments; and all other public officials having legitimate
business within the affected areas.
3. Entrby authorized persons engaged in the maintenance, repair, or installation of equipment
owned and/or operated by public or private utilities or communications systems.
115.1.1 Continuing Authorization. Any closure of public lands authorized by the chief that will
extend more than 15 calendar days shall be approved by the Board of Directors within 15 days of the
effective date of the closure or at the next regularly scheduled meeting of the Board.
115.1.2 Notification. Upon closing and prohibiting entrypublic lands, the chief shall, within 24
hours, make notification of the closure through a press release that includes at least one locally
published newspaper and shall, within five days or as soon as practical, post signs at the entry_points
of the affected areas indicating that the area is closed and en . is prohibited.
115.1.3 County Administered Lands. The closure of any public lands within the designated
wildland-urban interface fire area that are administered by an agency or department of the County of
San Bernardino shall be with the concurrence of the County Fire Chief / Warden of the San
Bernardino County Fire Protection District. Any closure of such lands that will extend more than 15
days shall be with the concurrence of the San Bernardino County Board of Supervisors. Concurrence
of the Board of Supervisors is required to be obtained within 15 days of the effective date of the
closure or at the next regularly_scheduled meeting of the Board of Supervisors.
Ordinance No. FD 58 - Page 12 of 62 Page 335
115.2 Private Property. With the consent of an owner or owners of private property within the
designated wildland-urban interface fire area, the chief is authorized to prohibit entry onto private
property through the use of trespassing laws when the chief has determined that conditions exist that
present an immediate, exceptional, and/or continuing danger to individual or community sa& .
115.2.1 Notification. Signs prohibiting entry into or trespassing upon the property and indicating the
existence of dangerous conditions shall be posted on or near the property.
115.3 Penalties. A person who is found to be in violation of orders issued under the authori . of this
section shall be subiect to the penalties set forth in Section 112.
CHAPTER 2
DEFINITIONS
201.1 Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes
of this code, have the meanings shown in this chapter and Fire District Standard 2-1.
201.3 Terms defined in other codes and standards. Where terms are not defined in the California Fire
Code but are defined in the California Building Code, California Mechanical Code, California Plumbing
Code, standards and publications of the National Fire Protection Association (NFPA), FM Global Data
Sheets, Fire District standards, other standards referenced in this code, or other nationally recognized
fire and life safety standards, such terms shall have the meanings ascribed to them in those codes and
standards.
CHAPTER 3
GENERAL PRECAUTIONS AGAINST FIRE
SECTION 301
GENERAL
301.2 Permits. Permits for operations or uses regulated by this chapter shall be required as set forth in
Section 105.
SECTION 304
COMBUSTIBLE WASTE MATERIAL
304.1.2 Vegetation. Weeds, grass, vines, trees, shrubs, ornamental and native landscaping=groves,
vineyards, gardens, and any other vegetation or the trimmings and litter from such ve - etg ation that is
capable of being ignited and endangering property shall be maintained and/or removed by the owner
or occupant of the premises sufficiently to reduce the hazard to grope . and people.
304.1.2.1 Wildland-Urban Interface Fire Areas. Vegetation management, reduction, and
clearance in wildland-urban interface fire areas shall be in accordance with Chapter 49 and Fire
District Standard 49-1.
304.1.2.2 Weed and fire hazard abatement. Weed and fire hazard abatement shall be in
accordance with Section 322, Fire District Standard 3-5, or the Municipal Code as applicable.
Ordinance No. FD 58 - Page 13 of 62 Page 336
SECTION 305
IGNITION SOURCES
305.4 Deliberate or negligent burning. It shall be unlawful to deliberately or through negligence set
fire to or cause the burning of combustible material in such a manner as to endanger prope . or the
health or safety of M person.
>SECTION 307
OUTDOOR FIRES
307.1 General. All outdoor fires, including but not limited to, open burning, bonfires, recreational fires,
contained fires, and fires in a portable or permanently installed or constructed outdoor open burning
feature such as a fireplace. fire nit. and fire bowl shall be in accordance with Fire District Standard 3-1
and other applicable sections of this code.
307.2 Permits required. Permits for outdoor fires are required in accordance with Section 105.
Note: The remainder of Section 307 is deleted and replaced with Fire District Standard 3-1.
>SECTION 308
OPEN FLAMES, OPEN FLAME DEVICES, AND FLAME PRODUCING FEATURES
308.1 General. Open flames, open flame devices, and flame producing features on all premises shall be
in accordance with Fire District Standard 3-2 and other applicable sections of this code.
308.2 Permits required. Permits for open flames, open flame devices, and flame producing features are
required in accordance with Section 105.
Note: The remainder of Section 308 is deleted and replaced with Fire District Standard 3-2.
SECTION 309
POWERED INDUSTRIAL TRUCKS AND EQUIPMENT
309.1 General. Powered industrial trucks, electric carts/cars, and similar equipment including, but not
limited to, floor scrubbers and floor buffers, shall be operated and maintained in accordance with this
section. Permits shall be required as set forth in Section 105.
SECTION 310
SMOKING
310.1 General. The smoking or carrying of a lighted pipe, cigar, cigarette, or any other type of smoking
paraphernalia or material is prohibited in accordance with the Municipal Code of the City of Rancho
Cucamonga and in the areas indicated in this section.
Ordinance No. FD 58 - Page 14 of 62 Page 337
SECTION 314
INDOOR DISPLAYS
314.1 General. Indoor displays constructed within any occupancy shall comply with this section,
Appendix N, and Fire District Standard 4-2.
314.1.1 Permits. Permits shall be required as set forth in Section 105.
314.4 Vehicles. Liquid -fueled or gaseous -fueled vehicles, aircraft, boats, or other motorcraft shall not
be located indoors except as follows:
1. The engine starting system is made inoperable or batteries are disconnected except where the fire
code official requires that the batteries remain connected to maintain safety features.
2. Fuel in fuel tanks does not exceed one -quarter tank or 5 gallons (whichever is least).
3. Fuel tanks, fill openings, and filling connections are closed and sealed to prevent the escape of
vapors and locked or secured to prevent tampering.
4. Fuel tanks are inspected for leaks and determined to be free from leaks prior to placing the vehicle
in a building.
5. Vehicles, aircraft, boats, or other motorcraft equipment are not fueled or defueled within the
building.
6. The location of vehicles or equipment does not obstruct means of egress.
7. In accordance with the applicable provisions of Appendix N.
314.4.1 Approved competitions and demonstrations. Liquid -fueled and gaseous -fueled vehicles
and equipment approved by the fire code official for use in a competition or demonstration within a
building shall comply with Sections 314.4.1.1 through 314.4.1.3.
314.4.1.1 Fuel storage. Fuel for vehicles or equipment shall be stored in approved containers in
an approved location outside of the structure in an approved manner not less than 50 feet from
the structure. Storage shall be in accordance with the applicable chapters and sections of this
code.
314.4.1.2 Fueling. Refueling shall be performed outside of the structure in an approved location
not less than 20 feet from the structure.
314.4.1.3 Spills. Fuel spills shall be cleaned up immediately.
SECTION 315
GENERALSTORAGE
315.1 General. Storage shall be in accordance with this section, other applicable sections of this code,
and Fire District Standard 3-3. Outdoor pallet storage shall be in accordance with Sections 315.2 and
315.7. Indoor pallet storage shall be in accordance with Sections 315.2 and 315.8. Storage of
commodities that expand with the absorption of water shall be in accordance with Sections 315.2 and
315.9_
315.2 Permit required. Permits for miscellaneous combustible storage and high -piled combustible
storage are required in accordance with Section 105.
Ordinance No. FD 58 - Page 15 of 62 Page 338
315.8 Indoor pallet storage. Indoor pallet storage shall be in accordance with the applicable sections
and chapters of this code.
315.9 Commodities that expand with the absorption of water. Storage of commodities that expand
or have the potential to expand with the absorption of water, such as roll paper, shall be in accordance
with Fire District Standard 3-3.
SECTION 316
HAZARDS TO FIRE FIGHTERS
316.6 Structures and outdoor storage underneath high -voltage transmission lines. Structures and
outdoor storage underneath high -voltage transmission lines shall comply with Sections 316.6.1 and
316.6.2, respectively and Fire District Standard 3-3.
316.6.1 Structures. Structures shall not be constructed within the utility easement beneath high -
voltage transmission lines.
Exceptions:
1. Restrooms and unoccupied telecommunications structures of noncombustible construction
less than 15 feet in height.
2. Temporary structures less than 15 feet in height such as storage sheds, sales offices, and
informational/management kiosks associated with uses such as community gardens,
commercial nurseries, and sports facilities.
316.6.2 Outdoor storage. Outdoor storage within the utility easement underneath high -voltage
transmission lines shall be limited to noncombustible material. Storage of hazardous materials
including, but not limited to, flammable and combustible liquids is prohibited.
Exceptions:
1. Combustible storage, including vehicles and fuel storage for backup power equipment
serving public utility equipment, is allowed, provided that a plan indicating the storage
configuration is submitted and approved by the fire code official.
2. Plants, trees, shrubs, and other vegetation, including_ combustible containers, offered for
sale.
3. Combustible materials used for garden boxes, trellises, and other gardening and food
cultivation associated with a communityy garden.
4. Fertilizers, pesticides, and herbicides necessary for the operation of a community garden or
commercial nursery in amounts that do not exceed an aggregate of 200 gallons or 500
pounds.
SECTION 317
LANDSCAPED AND OCCUPIED ROOFS
317.1 General. Landscaped and occupied roofs shall be designed, constructed, installed and maintained
in accordance with this section, Sections 1505 and 1507.15 of the California Building Code, and Fire
District Standard 3-6.
Ordinance No. FD 58 - Page 16 of 62 Page 339
SECTION 324
WASTE HANDLING AND RECYCLING FACILITIES
324.1 General. Waste handling, recycling and scrap facilities, automobile wrecking, yards, and junk
vards shall be in accordance with Fire District Standard 3-4 and other applicable sections of this code.
324.2. Permits. Permits shall be required as set forth in Section 105.
SECTION 325
WEED AND FIRE HAZARD ABATEMENT
325.1 General. Every owner of private real property within the jurisdiction of the Fire District shall
abate all fire hazards created by weeds, seasonal grasses, tumbleweeds, native plants and trees, and other
vegetation, vegetation litter, debris, trash, or combustible waste material from such property, including
sidewalks, parkways, trails, and easements on such property unless the easement is under the sole control
of another person or entity. Such abatement shall be in accordance with Fire District Standard 3-5 or the
Municipal Code as applicable and as determined by the fire code official. All such fire hazards are
declared to be a public nuisance as to which the costs of abatement, as more f illy described in Fire
District Standard 3-5 and the Municipal Code, may be specially assessed as provided in Health and
Safety Code Sections 14902 and 14912 et secs., or otherwise as provided by law. The procedures for
abatement of fire hazards set forth in Fire District Standard 3-5 and the Municipal Code are not exclusive
but are in addition to any and all other procedures set forth in this code for the abatement of nuisances
and fire hazards.
CHAPTER 4
EMERGENCY PLANNING AND PREPAREDNESS
SECTION 401
GENERAL
401.10 Indoor and Outdoor Special Events. Public assemblages; carnivals, fairs, exhibits, trade shows,
and similar indoor or outdoor events; special amusement areas; and seasonal sales lots shall comply
the provisions of this code and Fire District Standards 4-1, 4-21 4-3, 4-4, and Appendix N.
401.11 Permits. Permits shall be reauired as set forth in Section 105.
SECTION 402
DEFINITIONS
402.1 Definitions. Definitions are in accordance with Chapter 2 and Fire District Standard 2-1.
Ordinance No. FD 58 - Page 17 of 62 Page 340
SECTION 403
EMERGENCY PREPAREDNESS REQUIREMENTS
403.9.2.2 Emergency guide. An emergency guide shall be provided for Group R-2 occupancies.
Guide contents, maintenance, and distribution shall comply with Sections 403.9.2.2.1 through
403.9.2.2.3.
403.9.2.2.1 Guide contents. The emergency guide shall describe the location and use of fire
protection equipment and appliances available for use by residents, including fire alarm
systems, smoke alarms, and portable fire extinguishers. Guides shall also include an
emergency evacuation plan for each dwelling unit and any other information determined by
the fire code official or the emergency management official to be beneficial in preventing,
preparing for, mitigating, responding to, and/or recovering from emergencies and/or
disasters.
403.9.2.2.2 Emergency guide maintenance. Emergency guides shall be reviewed and
approved by the fire code official. Emergency guides shall be reviewed at least annually bX
the owner, owner's association, and/or the manager. When it is determined that the
emergency guide needs to be updated and/or modified, proposed changes shall be submitted
to the fire code official for review and approval.
403.9.2.2.3 Emergency guide distribution. A copy of the emergency guide shall be given
to each tenant prior to initial occupancy. Updated versions of the emergency guide shall be
given to all current tenants. Each tenant shall acknowledge in a manner acceptable to the fire
code official and the owner or owner's agent the receipt of the fire emergency guide. Tenants
shall provide such acknowledgement when updated versions of the emergency guide are
provided. Electronic versions of the emergency guide and electronic distribution shall be
acceptable.
403.11.1 Fire watch and safety standby personnel. Where, in the opinion of the fire code official,
it is essential for public safety in a place of assembly or any other place where people congregate,
because of the number of persons; the nature of the performance, exhibition, display, contest, or
activity; or the presence of hazards and/or risks to people or property, the owner, agent, or lessee
shall provide one or more qualified fire watch and/or safety standbX personnel, as required and
approved by the fire code official. Fire watch and standby personnel shall comply with Sections
403.11.1.1 and 403.11.1.2.
403.11.1.1 Duty Times. Fire watch and safe , standby personnel shall remain on duty while
places requiring a fire watch or safety observation are open to the public, or when an activity
requiring a fire watch or safe , standbX_ personnel is being conducted.
403.11.1.2 Duties. On -duty fire watch and safe , standby personnel shall have the following
responsibilities:
1. Keep diligent watch for fires, obstructions to means of egress, and other hazards.
2. Immediately report fires, smoke conditions, major injuries, significantly unsafe
conditions, and other dangerous circumstances and public safety concerns by notibLng
the 911 system.
3. Prohibit unauthorized persons from entering areas that are unsafe.
4. Take prompt measures for remediation of hazards and extinguishment of fires that occur.
Ordinance No. FD 58 - Page 18 of 62 Page 341
5. Take prompt measures to assist in the evacuation of the public from structures and/or
other areas of immediate danger in accordance with the conditions of the emergency.
6. Take prompt measures to assist with defending in place in accordance with the conditions
of the emergency.
7. Assist with emergency services as directed by first responders.
8. Unless determined otherwise by the public safety plan for gatherings, wear a uniform or
be identifiable and distinguishable to the attendees and first responders.
403.11.2 Public safety plan for gatherings. Where the fire code official determines that an indoor
or outdoor gathering of persons could have an adverse impact on public safety through diminished
access to buildings, structures, fire hydrants, fire apparatus access roads, persons in need of
emergency medical care, unrestricted access to the public way, and/or similar risks to general public
safe or where such gatherings could adversely affect public safety services of any kind, the fire
code official shall have the authority to order the development of, or prescribe a public safety plan
that provides an approved level of public safety and addresses the following items:
1. Emergency vehicle ingress and egress.
2. Fire protection and extinguishment.
3. Emergency egress, escape routes, or defend -in -place procedures and/or locations.
4. Emergency medical services.
5. Public assembly areas.
6. The directing of both attendees and vehicles, including the parking of vehicles.
7. Vendor and food concession distribution.
8. The need for the presence of law enforcement.
9. The need for fire and emergency medical services personnel to be on site.
10. The need for a weather monitoring person.
>SECTION 404
SAFETY, EVACUATION, AND LOCKDOWN PLANS
>404.1 General. Where required by Section 403, safety, evacuation and lockdown plans shall comply
with Sections 404.2 through 404.4.1.
[California Code of Regulations, Title 19, Division 1, §3.101 Evacuation of Buildings.
Upon notification of fire, conduct of any fire drill, upon activation of the fire alarm, or upon orders of
the fire authority having jurisdiction, buildings or structures within the scope of California Code of
Regulations, Title 19, Division 1 regulations shall be immediately evacuated or occupants shall be
relocated in accordance with established plans.
>404.2 Contents. Safety, evacuation, and lockdown plan contents shall be in accordance with Sections
404.2.1 through 404.2.3.2.
>404.2.1 Evacuation plans. Evacuation plans shall include the following:
Note: No changes to the numbered list.
>404.2.2 Safety plans. Safety plans shall include the following:
Note: No changes to the numbered list except for those indicated below with underlining.
5. A list of major fire and other hazards associated with the normal use and occupancy of the
premises, including maintenance and housekeeping procedures.
Ordinance No. FD 58 - Page 19 of 62 Page 342
>404.3 Maintenance. Safety, evacuation and lockdown plans shall be reviewed or updated annually or
as necessitated by changes in staff assignments, occupancy or the physical arrangement of the building.
>404.4 Availability. Safety, evacuation and lockdown plans shall be available in the workplace for
reference and review by employees, and copies shall be furnished to the fire code official for review on
request.
>404.4.1 Distribution. The safety, evacuation and lockdown plans shall be distributed to the tenants
and building service employees by the owner or owner's agent. Tenants shall distribute to their
employees the applicable parts of the safety plan and lockdown plan affecting the employees' actions
in the event of a fire or other emergency.
SECTION 405
EMERGENCY EVACUATION DRILLS
405.7 Notification. Where a fire alarm system that is monitored by a sLipervising station will be used to
initiate an emergency evacuation drill, prior notification of the emergency evacuation drill shall be given
to the fire code official.
CHAPTER 5
FIRE SERVICE FEATURES
SECTION 503
FIRE APPARATUS ACCESS ROADS
503.1 Where required. Fire apparatus access roads shall be provided and maintained in accordance with
Sections 503.1.1 through 503.1.3 and Fire District Standard 5-1.
503.1.2 Additional access. The fire code official is authorized to require more than one fire apparatus
road and/or points of access to fire apparatus access roads based on the potential for impairment of
a single road or point of access by vehicle congestion, condition of terrain, climatic conditions, or
other factors that could limit access.
503.2 Specifications. Fire apparatus access roads shall be designed, engineered, installed and arranged
in accordance with Sections 503.2.1 through 503.2.8 and Fire District Standard 5-1.
[California Code of Regulations, Title 19, Division 1. Section 3.05(a)] Fire Department Access and
Egress. (Roads)
(a) Roads. Required access roads from every building to a public street shall be all-weather, hard
surfaced (suitable for use by fire apparatus) right-of-way not less than 26 feet in width. Such
right-of-way shall be unobstructed and maintained only as access to the public street.
Exception: The enforcing agency may waive or modify this requirement if in its opinion such all-
weather, hard -surfaced condition is not necessary in the interest of public safety or welfare.
Ordinance No. FD 58 - Page 20 of 62 Page 343
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than
26 feet and an unobstructed vertical clearance of not less than 14 feet 6 inches. Street widths are to
be measured from top face of curb to top face of curb on streets with curb and gutter, from flowline
to flowline on streets with rolled curbs, from the edges of drivable surfaces capable of supporting the
weight of fire apparatus where curbs are not provided.
Exceptions:
1. Gates shall be in accordance with Sections 503.5 and 503.6 and Fire District Standards 5-
3 and 5-4.
2. Roads at entry medians constructed for private commercial, industrial, or residential
developments shall be a minimum of 20 feet on each side. The road shall not be part of a
radius turn. This exception does not apply to public streets.
3. Dimensions may be reduced when in the opinion of the fire code official there are practical
difficulties with providing the required dimensions.
4. Dimensions may be increased when in the opinion of the fire code official required
dimensions are not adequate to provide fire apparatus access or when dimensions are not
adequate to concurrently provide fire apparatus access and evacuation.
503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to support the
imposed loads of fire apparatus and shall be surfaced so as to provide all weather driving capabilities.
Permanent fire apparatus access roads utilizing surface material other than concrete or asphalt shall
be in accordance with Fire District Standard 5-2 and approved by the fire code official. Temporary
fire apparatus access roads shall be in accordance with Fire District Standard 33-2.
503.2.4 Turning radius. The required turning radius of a fire apparatus access road shall be in
accordance with Fire District Standard 5-1.
503.2.5 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet in length shall be
provided with an approved area for turning around fire apparatus in accordance with Fire District
Standard 5-1 _
503.2.7 Grade. The grade of the fire apparatus access road shall be in accordance with Fire District
Standard 5-1.
503.2.8 Angles of approach and departure. The angles of approach and departure for fire apparatus
access roads shall be in accordance with Fire District Standard 5-1.
503.3 Marking. Approved signs or other approved notices or markings that include the words NO
PARKING — FIRE LANE shall be provided for fire apparatus access roads to identify such roads or
prohibit the obstruction thereof. The means by which fire lanes are designated shall be maintained in a
clean and legible condition at all times and be replaced or repaired when necessary to provide adequate
visibility. Fire apparatus access road marking shall be in accordance with Fire District Standard 5-1.
503.3.1 Marking during construction. When a construction site is enclosed by fencing or other
barriers, or when the designated fire apparatus access is not readily pparent during construction, the
location or locations of acceptable fire apparatus access to the construction site is required to be
temporarily installed or displaved in a manner, location. and duration acceptable to the fire code
official.
503.4 Obstruction of fire apparatus access. Fire apparatus access roads and public and private streets
that provide access to fire apparatus access roads shall not be obstructed in any manner, including the
Ordinance No. FD 58 - Page 21 of 62 Page 344
parking or queuing of vehicles. The minimum widths and clearances established by the fire code official
in accordance with Section 503.2.1 shall be maintained at all times. Water run-off and flood control dips
or other surface irre u�y shall be in accordance with Fire District Standard 5-1.
503.4.1 Traffic calming devices. Traffic calming devices are required to be in accordance with Fire
District Standard 5-1 and approved by the fire code official.
503.4.2 Storm water management. Where approved by the fire code official, fire apparatus access
roads may be used as part of a storm water management system in accordance with Fire District
Standard 5-1-
503.4.3 Drop off and pick up. Where approved by the fire code official, fire apparatus access roads
may be used for drop off and pick up in accordance with California Vehicle Code 22500.1 and Fire
District Standard 5-1.
503.5 Required gates or barricades. The fire code official is authorized to require the installation and
maintenance of gates or other approved barricades across fire apparatus access roads, trails, or other
accessways, not including public streets, alleys, or highways. Electric gate operators, where provided,
shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed,
constructed, and installed to comply with the requirements of ASTM F2200 and Fire District Standard
5-3 and Fire District Standard 5-4.
503.6 Security gates. The installation of security gates across a fire apparatus access road shall be
approved by the fire code official. Where security gates are installed, they shall have approved means of
emergency operation. The security gates and the emergency operation shall be maintained operational
at all times. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates
intended for automatic operation shall be designed, constructed, and installed to comply with the
requirements of ASTM F2200. Residential vehicular gates shall be in accordance with Fire District
Standard 5-3. Commercial and industrial vehicular gates shall be in accordance with Fire District
Standard 5-4.
503.7 Aerial fire apparatus access roads. Buildings or portions of buildings or facilities exceeding 30
feet in height above the lowest level of fire department vehicle access, as measured to the highest point
of the building, shall be provided with approved aerial fire apparatus access roads capable of
accommodating fire department aerial apparatus in accordance with this section and Fire District
Standard 5-1.
SECTION 504
ACCESS TO BUILDING OPENINGS AND ROOFS
504.1.1 Access identification. Required exterior access doors, including exit doors, in the warehouse
or manufacturing areas of any building with a gross floor area greater than 10,000 square feet shall
be marked in accordance with Fire District Standard 5-5 to allow for quick identification by
firefighters both inside and outside of the building.
504.4.1 Aerial ladders. Aerial fire apparatus ladder access to the roof and parapet ladders shall be
in accordance with Fire District Standard 5-6.
Ordinance No. FD 58 - Page 22 of 62 Page 345
SECTION 505
PREMISES IDENTIFICATION
505.1 Address identification. New and existing buildings shall be provided with approved address
identification. The address identification shall be legible and placed in a position that is visible from the
street or road to which the building is addressed. Where required by the fire code official, address
numbers shall be provided in additional locations to facilitate emergency response. Address
identification characters shall contrast with their background. Address numbers shall be Arabic numbers
or alphabetical letters. Numbers shall not be spelled out. Addressing of multi -family residential buildings
shall be in accordance with Fire District Standard 5-7. Addressing of commercial and industrial buildings
shall be in accordance with Fire District Standard 5-8. For all other buildings, each character shall be not
less than 4 inches high with a minimum stroke width of 0.5 inch. Acceptable dimensions of address
numbers and letters will be determined by the fire code official to ensure that they are plainly legible and
visible. Where access is by means of a private road or drive aisle and the building cannot be viewed from
the public way, a monument, pole, or other sign or means shall be used to identify the structure. Address
identification shall be maintained.
505.1.1 Identification during construction. When permanently installing the address of a building
under construction is not practical, the address of the construction site is required to be temporarily
installed or displayed in a manner, location, and duration acceptable to the fire code official.
SECTION 506
KEY BOXES
506.1 Where required. Where access to or within a structure or an area is restricted because of secured
openings or where immediate access is necessary for life-saving or fire -fighting purposes, the fire code
official is authorized to require a key box to be installed in an approved location. The key box shall be
of an approved type listed in accordance with UL 1037 and shall contain keys and/or other
devices/information such as electronic card keys or access codes to gain necessary access as required by
the fire code official. Key boxes shall be in accordance with Fire District Standard 5-9.
SECTION 507
FIRE PROTECTION WATER SUPPLIES
507.1 Required water supply. An approved water supply capable of supplying the required fire flow
for fire protection shall be provided to premises upon which facilities, buildings or portions of buildings
are hereafter constructed or moved into or within the jurisdiction. The approved water supply shall be in
accordance with this section, Appendix B, and Fire District Standard 5-10.
507.3 Fire flow. Fire flow requirements for buildings or portions of buildings and facilities shall be in
accordance with Annendix B as amended and Fire District Standard 5-10.
507.5 Fire hydrant systems. Fire hydrant systems shall comply with Sections 507.5.1 through 507.5.6,
Appendix C, and Fire District Standard 5-10.
Ordinance No. FD 58 - Page 23 of 62 Page 346
>507.5.1 Where required. Where a portion of the facility or building hereafter constructed or moved
into or within the jurisdiction is more than 300 feet from a hydrant on a public or private street, on -
site fire hydrants and mains shall be provided where required by the fire code official and in
accordance with Fire District Standard 5-10.
Exceptions:
1. For Group R-3 and Group U occupancies, the distance requirement can be increased by the
fire code official but shall not exceed 600 feet.
2. For buildings equipped throughout with an approved automatic sprinkler system installed
in accordance with Section 903.3.1.1, 903.3.1.2, or 903.3.1.3, the distance requirement can
be increased by the fire code official but shall not exceed 600 feet.
507.5.1.1 Hydrant for standpipe systems. Buildings equipped with a standpipe system shall
have a fire hydrant located in accordance with Fire District Standard 5-10.
507.5.1.2 Hydrant for fire department connections. A minimum of one fire hydrant is required
to be installed in accordance with Fire District Standard 5-10 when a fire protection system has
a fire department connection.
SECTION 509
FIRE PROTECTION AND UTILITY EQUIPMENT IDENTIFICATION AND ACCESS
509.3 Multi -tenant or multi -unit buildings. When an automatic fire sprinkler system or systems or a
fire alarm system or systems are installed in buildings constructed for multiple tenants and/or units and
the installed systemsprotect multiple tenant spaces or units, the fire sprinkler riser(s), fire alarm control
unit, and all other related valves, gauges, and/or controls for such systems shall be located in an attached
or included room or approved weather resistant enclosure accessible from the exterior of the building
The room or enclosure shall be of a sufficient size as determined by the fire code official to allow
firefighters and other emergency responders in full personal protective equipment the abili y to operate
safely with unrestricted access to all risers, control units, valves, and other installed equipment. Access
doors serving the room or walk-in enclosure are required to be a minimum of 3 feet in width and 6 feet
8 inches in height.
SECTION 510
EMERGENCY RESPONDER COMMUNICATION COVERAGE
510.3 Permit required. Permits shall be required as set forth in Section 105.
SECTION 511
SITE PLANS
511.1 General. The owner of or person responsible for a building or facili . shall provide the fire code
official with a site plan in accordance with Fire District Standard 5-11. The owner or responsible person
shall provide an updated site plan to the fire code official when any element of the site plan changes.
Ordinance No. FD 58 - Page 24 of 62 Page 347
CHAPTER 6
BUILDING SERVICES AND SYSTEMS
SECTION 601
GENERAL
601.2 Permits. Permits shall be required as set forth in Section 105.
SECTION 605
FUEL -FIRED APPLIANCES
605.5.2 Portable outdoor gas -fired heating appliances. Portable gas -fired heating appliances
located outdoors shall be in accordance with Sections 605.5.2.1 through 605.5.2.3.4 and Fire District
Standard 3-2.
605.5.2.1 Location. Portable outdoor gas -fired heating appliances shall be located in accordance
with Sections 603.4.2.1.1 through 603.4.2.1.4.
605.5.2.1.1 Prohibited locations. The use of portable outdoor gas -fired heating appliances
is prohibited in any of the following locations:
1. Inside of any occupancy.
2. Inside of tents, canopies and membrane structures.
3. On exterior balconies.
Exceptions:
1. As permitted in Chapter 61.
2. One- and two-family dwellings.
3. When used in accordance with Fire District Standard 3-2.
605.5.2.1.2 Clearance to buildings. Portable outdoor gas -fired heating appliances shall be
located not less than 10 feet from buildings.
605.5.2.1.3 Clearance to combustible materials. Portable outdoor gas -fired heating
appliances shall not be located beneath, or closer than 10 feet to combustible decorations
and combustible overhangs, awnings, sunshades or similar combustible attachments to
buildings.
605.5.2.1.4 Proximity to exits. Portable outdoor gas -fired heating appliances shall not be
located within 10 feet of exits or exit discharges.
605.5.2.1.5 Storage. When stored inside of ancpancy, tent, canopy, or membrane
structure, portable outdoor gas -fired heating appliances shall be disconnected from the fuel
gas container.
605.5.2.3.3 Container capacity. The maximum individual capacity of gas containers used
in connection with portable outdoor gas -fired heating appliances shall not exceed 20 pounds
(9 kg).
Exception: The capacity of an LP-eas container utilized with portable outdoor gas -
fired heating appliances located on exterior balconies or within 10 feet of a building
shall not be greater than 2 %2 pounds [nominal 1-pound LP -gas capacity].
Ordinance No. FD 58 - Page 25 of 62 Page 348
SECTION 606
COMMERCIAL COOKING EQUIPMENT, SYSTEMS, AND OPERATIONS
606.1 General. Commercial cooking equipment, systems, operations, and commercial kitchen exhaust
hoods shall comply with the requirements of this section, Section 904, Section 907, the California
Mechanical Code, NFPA 96, and Fire District Standard 6-1.
606.1.1 Permits. Permits shall be required as set forth in Section 105.
SECTION 608
MECHANICAL REFRIGERATION
608.11.1.2 Manual Operation. Where required by the fire code official, automatic crossover
valves shall be capable of manual operation. The manual valves are required be located outside
of the machinery room in an approved location easily accessible to emergency response
personnel. The valves can be secured to prevent tampering or unfettered access by unauthorized
persons. The valves or the security enclosure are required to be identified as Emergency Controls.
SECTION 610
CLOTHES DRYER EXHAUST SYSTEMS
610.1 Clothes dryer exhaust duct systems. Clothes dryer exhaust dust systems shall be in accordance
with Sections 610.1.1 through 610.1.3.
610.1.3 Reports. Reports in a format acceptable to the fire code official are required to document
the required maintenance of clothes dryer exhaust duct systems installed in Group R-1, R-2, R-2.1,
and R-4 occupancies.
CHAPTER 8
INTERIOR FINISH, DECORATIVE MATERIALS AND FURNISHINGS
SECTION 807
DECORATIVE MATERIALS OTHER THAN DECORATIVE
VEGETATION IN NEW AND EXISTING BUILDINGS
>807.5.2.2 Artwork in corridors. Artwork and teaching materials shall be in accordance with
Fire District Standard 8-1.
>807.5.2.3 Artwork in classrooms. Artwork and teaching materials shall be in accordance with
Fire District Standard 8-1.
>807.5.5.2 Artwork in corridors. Artwork and teaching materials shall be in accordance with
Fire District Standard 8-1.
>807.5.5.3 Artwork in classrooms. Artwork and teaching materials shall be in accordance with
Fire District Standard 8-1.
Ordinance No. FD 58 - Page 26 of 62 Page 349
CHAPTER 9
FIRE PROTECTION AND LIFE SAFETY SYSTEMS
SECTION 901
GENERAL
901.4.2 Non -required fire protection systems. A fire protection system or portion thereof not
required by this code or the California Building Code shall be allowed to be furnished for partial or
complete protection provided such installed system meets the applicable requirements of this code
and the California Building Code. Partial systems shall be in accordance with Fire District Standard
9-1.
901.7 Systems out of service. Where a required fire protection system is out of service, the fire
department and the fire code official shall be notified immediately and, where required by the fire code
official, the building shall either be evacuated or an approved fire watch shall be provided for all
occupants left unprotected by the shut down until the fire protection system has been returned to service.
Where utilized, fire watches shall be provided with at least one approved means for notification of the
fire department and their only duty shall be to perform constant patrols of the protected premises and
keep watch for fires. A fire watch shall be in accordance with Fire District Standard 9-2.
901.8 Removal of or tampering with equipment. It shall be unlawful for any person to remove, tamper
with, intentionally damage or destroy, or otherwise disturb any fire protection or life safety system, or
other appurtenance installed as a component of a fire protection or life safetys. system required by this
code, except for the purpose of extinguishing fire, approved training, recharging or making necessary
repairs, or where approved by the fire code official. The fire code official is authorized to approve means
for preventing and deterring the unlawful removal of and/or tampering with equipment installed as part
of a fire protection or life safetysystem.
SECTION 903
AUTOMATIC SPRINKLER SYSTEMS
903.1 General. Automatic sprinkler systems shall comply with this section, Fire District Standard 5-10,
and Fire District Standard 9-3.
>903.2 Where required. Approved automatic sprinkler systems shall be provided:
1. In new buildings and structures in the locations described in Sections 903.2.1 through 903.2.22
as amended.
2. In existing buildings and structures where an addition or cumulative additions to the original
footprint of the building or structure creates a fire area that is required by Sections 903.2.1
through 903.2.22 as amended to have an automatic sprinkler system.
Exception: Group R-3 occupancies.
3. In existing buildings and structures when a change in use results in a fire area that is required by
Sections 903.2.1 through 903.2.22 as amended to have an automatic sprinkler system.
Exception: Group R-3 occupancies converted to Group R-3.1 occupancies in accordance
with this section.
903.2.1 Group A. An automatic sprinkler system shall be provided throughout buildings and
portions thereof used as Group A occupancies as provided in this section.
Ordinance No. FD 58 - Page 27 of 62 Page 350
903.2.1.1 Group A-1. An automatic sprinkler system shall be provided throughout stories
containing Group A-1 occupancies and throughout all stories from the Group A-1 occupancy to
and including the levels of exit discharge serving that occupancy where one of the following
conditions exists:
1. The fire area exceeds 5,000 square feet of new construction area.
2. The fire area exceeds 12,000 square feet in an existing building where the fire area is
increased or the occupancy classification is changed to Group A-1.
3. The fire area has an occupant load of 300 or more; or
4. The fire area is located on a floor other than a level of exit discharge serving such
occupancies.
5. The fire area contains a multi -theater complex.
903.2.1.2 Group A-2. An automatic sprinkler system shall be provided throughout stories
containing Group A-2 occupancies and throughout all stories from the Group A-2 occupancy to
and including the levels of exit discharge serving that occupancy where one of the following
conditions exists:
1. The fire area exceeds 5,000 square feet.
2. The fire area has an occupant load of 100 or more; or
3. The fire area is located on a floor other than a level of exit discharge serving such
occupancies.
4. The structure exceeds 5,000 square feet, contains more than one fire area containing a
Group A-2 occupancy, and is separated into two or more buildings by fire walls of less
than 4-hour fire -resistance rating without openings.
903.2.1.3 Group A-3. An automatic sprinkler system shall be provided throughout stories
containing Group A-3 occupancies and throughout all stories from the Group A-3 occupancy to
and including the levels of exit discharge serving that occupancy where one of the following
conditions exists:
1. The fire area exceeds 5,000 square feet of new construction area.
2. The fire area exceeds 12,000 square feet in an existing building where the fire area is
increased or the occupancy classification is changed to Group A-3.
3. The fire area has an occupant load of 300 or more; or
4. The fire area is located on a floor other than a level of exit discharge serving such
occupancies.
5. The structure exceeds 12,000 square feet, contains more than one fire area containing
exhibition and display rooms, and is separated into two or more buildings by fire walls
of less than 4-hour fire resistance rating without openings.
903.2.1.4 Group A-4. An automatic sprinkler system shall be provided throughout stories
containing Group A-4 occupancies and throughout all stories from the Group A-4 occupancy to
and including the levels of exit discharge serving that occupancy where one of the following
conditions exists:
1. The fire area exceeds 5,000 square feet of new construction area.
2. The fire exceeds 12,000 square feet in an existingbuilding where the fire area is increased
or the occupancy classification is changed to Group A-4.
3. The fire area has an occupant load of 300 or more.
4. The fire area is located on a floor other than a level of exit discharge serving such
occupancies.
Ordinance No. FD 58 - Page 28 of 62 Page 351
903.2.1.5 Group A-5. An automatic sprinkler system shall be provided for all enclosed Group
A-5 accessory use areas in excess of 1,000 square feet.
903.2.3 Group E. An automatic sprinkler system shall be provided for Group E occupancies as
follows:
Throughout all Group E fire areas greater than 5,000 square feet in area.
Note: Conditions 2-7 are not amended. All other provisions of this section remain
unchanged.
903.2.4 Group F-1. An automatic sprinkler system shall be provided throughout all buildings
containing a Group F- 1 occupancy where one of the following conditions exists:
1. A Group F-1 fire area exceeds 5,000 square feet.
2. A Group F-1 fire area is located more than three stories above grade plane.
3. The combined area of all Group F-1 fire areas on all floors, including any mezzanines,
exceeds 5,000 square feet of new construction area or 12,000 square feet in an existing
building where the fire area is increased or the occupancy classification is changed to
Group F-1.
903.2.7 Group M. An automatic sprinkler system shall be provided throughout buildings containing
a Group M occupancy where one of the following conditions exists:
1. A Group M fire area exceeds 5,000 square feet of new construction area.
2. A Groun M fire area exceeds 12.000 square feet in an existinu buildiniz where the fire
area is increased or the occupancy classification is changed to Group M.
3. A Group M fire area is located more than three stories above grade plane.
4. The combined area of all Group M fire areas on all floors, including any mezzanines,
exceeds 5,000 square feet of new construction area or 12,000 square feet in an existing
building where the fire area is increased or the occupancy classification is changed to
Group M.
5. The structure exceeds 12,00 square feet, contains more than one fire area containing a
Group M occupancy, and is separated into two or more buildings by fire walls of less
than 4-hour fire -resistance rating.
903.2.7.2 Group M upholstered furniture or mattresses. An automatic sprinkler system shall
be provided throughout a Group M fire area where the area used for the display and sale of
upholstered furniture or mattresses exceeds 2,500 square feet.
903.2.9 Group S-1. An automatic sprinkler system shall be provided throughout all buildings
containing a Group S-1 occupancy where one of the following conditions exists:
1. A Group S-1 fire area exceeds 5,000 square feet of new construction area.
2. A Groun S-1 fire area exceeds 12.000 sauare feet in an existing buildiniz where the fire
area is increased or the occupancy classification is changed to Group S-1.
3. A Group S-1 fire area is located more than three stories above grade plane.
4. The combined area of all Group S-1 fire areas on all floors, including any mezzanines,
exceeds 5,000 square feet of new construction area or 12,000 square feet in an existing
building where the fire area is increased or the occupancy classification is changed to
Group S-1.
5. A Group S-1 fire area used for the storage of commercial trucks or buses where the fire
area exceeds 5,000 square feet.
Ordinance No. FD 58 - Page 29 of 62 Page 352
903.2.9.1 Repair garages. An automatic sprinkler system shall be provided throughout all
buildings used as repair garages in accordance with Section 406.8 of the California Building
Code, as shown:
1. Buildings having two or more stories above grade plane, including basements, with a fire
area containing a repair garage exceeding 5,000 square feet.
2. Buildings no more than one story above grade plane, with a fire area containing a repair
garage exceeding 5,000 square feet.
3. Buildings with repair garages servicing vehicles parked in basements.
4. A Group S-1 fire area used for repair of commercial trucks or buses where the fire area
exceeds 5,000 square feet.
903.2.10 Group S-2 parking garages. An automatic sprinkler system shall be provided throughout
buildings classified as parking garages where any of the following conditions exist:
1. Where the fire area of the enclosed parking garage, in accordance with Section 406.6 of
the California Building Code, exceeds 5,000 square feet.
2. Where the enclosed parking garage, in accordance with Section 406.6 of the California
Building Code, is located beneath other groups.
Exception: Enclosed parking garages located beneath Group R-3 occupancies.
3. Where the fire area of the open parking garage, in accordance with Section 406.5 of the
California Building Code, exceeds 12,000 square feet.
903.2.21 Pet dealers and net boarding facilities. An automatic fire sprinkler system is reauired to
be installed and monitored by an gpproved supervising station in accordance with this code in pet
dealer and pet boarding facilities in compliance with Health and Safety Code Sections 122155 and
122385.
Exception: Where an automatic fire alarm system is installed and monitored by an approved
supervising station in accordance with this code.
903.4 Sprinkler system supervision and alarms. Valves controlling the water supply for automatic
sprinkler systems, pumps, tanks, water levels and temperatures, critical air pressures, and water -flow
switches on all sprinkler systems shall be electrically supervised by a listed fire alarm control unit in
accordance with this section and applicable Fire District Standards.
Exceptions:
1. Automatic sprinkler systems protecting one- and two-family dwellings.
2. Limited area sprinkler systems in accordance with 903.3.8.
3. Automatic sprinkler systems installed in accordance with NFPA 13R where a common supply
main is used to supply both domestic water and the automatic sprinkler system, and a separate
shutoff valve for the automatic sprinkler system is not provided.
4. Jockey pump control valves that are sealed or locked in the open position.
5. Exception deleted.
6. Valves controlling the fuel supply to fire pump engines that are sealed or locked in the open
position.
7. Trim valves to pressure switches in dry, pre -action and deluge sprinkler systems that are sealed
or locked in the open position.
8. Underground key or hub gate valves in roadway boxes.
903.4.3 Floor control valves. Approved supervised indicating control valves shall be provided at
the point of connection to the riser on each floor in all multi -story buildings.
Ordinance No. FD 58 - Page 30 of 62 Page 353
903.6 Where required in existing buildings and structures. An automatic sprinkler system shall be
provided in existing buildings and structures where required in Chapter 11, Fire District Standard 11-1,
and Section 903 as amended herein.
SECTION 904
ALTERNATIVE AUTOMATIC FIRE -EXTINGUISHING SYSTEMS
904.1 General. Automatic fire -extinguishing systems, other than automatic sprinkler systems, shall be
designed, installed, inspected, tested, and maintained in accordance with the provisions of this section,
Fire District Standards 6-1 and 9-4, and the applicable referenced standards.
904.2.2 Commercial hood and duct systems. Each required commercial kitchen exhaust hood and
duct system required by Section 606 to have a Type I hood shall be protected with an approved
automatic fire -extinguishing system installed in accordance with this code, manufacturer's
specifications, NFPA 96, and Fire District Standard 6-1.
904.3.3 System interlocking. Automatic equipment interlocks with fuel controls and shutoffs,
ventilation activation and other controls, door closers, window shutters, conveyor openings, smoke
and heat vents, and other features necessary for the safe and proper operation of the fire -extinguishing
system shall be provided as required by the design and installation standard utilized for the hazard,
this code, Fire District Standard 6-1, and applicable NFPA standards.
904.3.5 Monitoring. Where a building fire alarm system or a sprinkler monitoring s. ste is
installed, automatic fire -extinguishing systems shall be monitored by the building fire alarm system
or sprinkler monitoring system in accordance with NFPA 72.
904.13 Commercial cooking systems. Commercial cooking equipment that produces grease laden
vapors shall be provided with a Type I Hood, in accordance with the California Mechanical Code and
Section 606 of this code as amended, and an automatic fire extinguishing system that is listed and labeled
for its use as follows:
Note: Conditions 1-3 and exceptions are not amended.
SECTION 905
STANDPIPE SYSTEMS
905.2 Installation standard. Standpipe systems shall be installed in accordance with this section, NFPA
14 as amended in Chapter 80, and Fire District Standard 5-10. Fire department connections for standpipe
systems shall be in accordance with Section 912.
SECTION 906
PORTABLE FIRE EXTINGUISHERS
906.1 Where required. Portable fire extinguishers shall be installed in accordance with this code or
readily available in all of the following locations:
Note: Conditions 1-9 are not amended.
10. At all outdoor events, special events, temporary uses, indoor and outdoor trade shows and
exhibitions, and outdoor cooking operations in accordance with this code, Appendix N,
Appendix O, and applicable Fire District Standards.
Ordinance No. FD 58 - Page 31 of 62 Page 354
906.1.1 Group S storage areas. Where approved by the fire code official, in storage areas of Group
S occupancies where forklift, powered industrial truck, or powered cart operators are the primary
occupants, portable fire extinguishers, as specified in NFPA 10 and CCR Title 19, shall not be
required where the storage area is in accordance with all of the following:
1. Vehicle -mounted extinguishers approved by the fire code official are provided on all forklifts,
powered industrial trucks, and powered carts, including those that are designated as back upl
reserve, or standby vehicles.
2. Each vehicle is equipped with a 10-pound, 40A:80B:C extinguisher affixed to the vehicle
using a mounting bracket approved by the extinguisher manufacturer or the fire code official
for vehicular use.
3. Not less than two spare extinguishers of equal or greater rating shall be available on -site to
replace a discharged extinguisher. Spare extinguishers are required to be of size and
dimension to be properly restrained by the mounting brackets installed on the vehicles.
4. Vehicle operators shall be trained in the proper operation, use, and inspection of extinguishers
through a training program approved by the fire code official.
5. Inspections of vehicle -mounted extinguishers shall be performed daily.
6. A 10-pound, 40A:80B:C extinguisher is installed at every exterior door in accordance with
the applicable provisions of NFPA 10 and CCR Title 19.
906.6 Unobstructed and unobscured. Portable fire extinguishers shall not be obstructed or obscured
from view. In rooms or areas in which visual obstruction cannot be completely avoided, means
acceptable to the fire code official shall be provided to indicate the locations of extinguishers.
SECTION 907
FIRE ALARM AND DETECTION SYSTEMS
907.1 General. This section covers the application, installation, performance, and maintenance of fire
alarm systems and their components in new and existing buildings and structures. The requirements of
Section 907.2 are applicable to new buildings and structures. The requirements of Section 907.9 are
applicable to existing buildings and structures. Fire alarm and detection systems, remote annunciation,
reset and silence procedures. listing certification. monitoring. notification appliances. eauinment
disconnect interfaces. and a posted zone map in new and existinc buildings shall be in accordance with
Fire District Standard 9-5.
907.1.2 Fire alarm shop drawings. Shop drawings and plans for new fire alarm systems,
modifications to existing fire alarm systems, and certain maintenance and repairs shall be prepared
in accordance with NFPA 72 and Fire District Standard 9-5 and submitted for review and approval
prior to system installation or commencing modifications, maintenance, or repairs.
Exception: Emergency repairs as allowed by Fire District Standard 9-5.
907.1.2.1 Drawing symbols. All plans and shop drawings shall use the symbols identified in
NFPA 170, Standard for Fire Safety and Emergency Symbols.
Exception: Other symbols are allowed where approved by the flre code official.
907.1.6 Alarm Signal Verification. Remote monitoring and supervising station services shall
attempt to verify an alarm signal originating from a residential or commercial protected premises
prior to reporting the alarm signal to the public safety communications center. Verification shall be
in accordance with NFPA 72 and Fire District Standard 9-6.
Ordinance No. FD 58 - Page 32 of 62 Page 355
907.2.30 Pet dealers and pet boarding facilities. An automatic fire alarm system is required to be
installed and monitored by an gpproved supervising station in accordance with this code in pet dealer
and pet boarding facilities in compliance with Health and Safety Code Sections 122155 and 122385.
Exception: Where an automatic fire sprinkler system installed and monitored by an approved
supervising station in accordance with this code.
>907.6.3 Initiating device identification. The fire alarm system shall identify the specific initiating
device address, location, device type, floor level where applicable, and status, including indication
of normal, alarm, trouble, and/or supervisory status, as appropriate.
Exceptions:
1. Exception deleted.
2. Exception deleted.
3. Special initiating devices that do not support individual device identification.
4. Fire alarm systems or devices that are replacing existing equipment.
907.6.6.2 MIY monitoring. Direct transmission of alarms Associated with monitor -it -yourself
(MIY) transmitters to a public safety answering point (PSAP) are not be permitted.
907.7 Acceptance tests and completion. Upon completion of the installation, modification, repair, or
maintenance, the fire alarm system and all fire alarm components shall be tested in accordance with
NFPA 72 and Fire District Standard 9-5.
SECTION 912
FIRE DEPARTMENT CONNECTIONS
912.1 Installation. Fire department connections shall be installed in accordance with the NFPA standard
applicable to the system design and shall comply with Sections 912.2 through 912.7 and Fire District
Standard 5-1 0_
912.2.2 Existing buildings. On existing buildings, wherever the fire department connection is not
visible to approaching fire apparatus, the fire department connection shall be indicated by an
approved sign in accordance with Fire District Standard 5-10.
>912.5 Signs. A sign in accordance with Fire District Standard 5-10 shall be mounted on all fire
department connections serving automatic sprinklers, standpipes, or fire pump connections. Where the
fire department connection does not serve the entire building, a sign shall be provided indicating the
portions of the building served.
SECTION 913
FIRE PUMPS
913.2 Protection against interruption of service. The fire pump, driver, and controller shall be
protected in accordance with NFPA 20 against possible interruption of service through damage caused
by explosion, fire, flood, earthquake, rodents, insects, windstorm, freezing, vandalism and other adverse
conditions.
913.2.3 Alternate source of power. Notwithstanding the availabilily of a public utility to provide
electric service for a fire pump, electrically driven fire pumps shall be provided with an alternate
Ordinance No. FD 58 - Page 33 of 62 Page 356
source of power in accordance with NFPA 20 due to historical and foreseeable extended power
interruptions along the California Power Grid due to high demand, high heat, public safety power
shutoffs, and damage to the power and caused by destructive natural events common in Southern
California such as wildfires, Santa Ana winds, and earthquakes.
913.2.4 Alternate source of fuel. Notwithstanding the availabilitypublic utility to provide
natural gas for a fuel powered fire pump, natural gas fueled fire pumps supplied from the public
utility shall be provided with an alternate source of fuel or the ability to accept an alternate source of
fuel due to historical and foreseeable extended interruptions of the natural gas supply caused by
seismic activity.
913.2.5 Interruption of service. When a fire pump installed to provide the required demand for one
or more fire sprinkler systems experiences an interruption of service, the interruption of service shall
constitute the fire sprinkler system being out of service regardless of an uninterrupted supply of water
to the fire sprinkler system. An interruption of service to a fire pump shall be in accordance with
Section 901.7 of this code.
SECTION 915
CARBON MONOXIDE DETECTION
915.1.1.1 Permits. Permits shall be required as set forth in Section 105.
SECTION 916
GAS DETETION SYSTEMS
916.2 Permits. Permits shall be required as set forth in Section 105.
CHAPTER 10
MEANS OF EGRESS
SECTION 1001
ADMINISTRATION
1001.3 Permits. Permits shall be reauired as set forth in Section 105.
SECTION 1003
GENERAL MEANS OF EGRESS
1003.8 Public swimming pools. Public swimming pool enclosures, gates, and means of egress shall be
in accordance with the California Building Code, the California Health and Safety Code, and the Fire
District Guidance Document for Swimming Pools.
ools.
Ordinance No. FD 58 - Page 34 of 62 Page 357
SECTION 1013
EXIT SIGNS
1013.1 Where required. Exits and exit access doors shall be marked by an approved exit sign readily
visible from any direction of egress travel. The path of egress travel to exits and within exits shall be
marked by readily visible exit signs to clearly indicate the direction of egress travel in cases
where the exit or the path of egress travel is not immediately visible to the occupants. Intervening means
of egress doors within exits shall be marked by exit signs. Exit sign placement shall be such that any
point in an exit access corridor or exit passageway is within 100 feet (30 480 mm) or the listed viewing
distance of the sign, whichever is less, from the nearest visible exit sign.
Exceptions:
1. Exit signs are not required in rooms or areas that require only one exit or exit access.
2. Main exterior exit doors or gates that are obviously and clearly identifiable as exits need not
have exit signs where approved by the fire code official.
3. Exit signs are not required in occupancies in Group U and individual sleeping units or dwelling
units in Group R-1, R-2, R-3, or R-3.1.
4. Exit signs are not required where inmates are housed or held in dayrooms, sleeping rooms or
dormitories in occupancies in Group I-3.
5. In occupancies in Groups A-4 and A-5, exit signs are not required on the seating side of
vomitories or openings into seating areas where exit signs are provided in the concourse that
are readily apparent from the vomitories. Egress lighting is provided to identify each vomitory
or opening within the seating area in an emergency.
6. In Group S occupancies approved for high -piled combustible storage where forklift, powered
industrial truck, and powered cart operators are the primarppants, exit signs are not required
in the aisles, the shipping and receiving areas, or between exits and exit access doors.
CHAPTER 11
EXISTING BUILDINGS
SECTION 1101
GENERAL
1101.1 Scope. The provisions of this chapter shall apply to existing buildings constructed prior to the
adoption of this code. Construction, fire protection, and life safety in existing buildings shall be in
accordance with this chapter, this code, the California Building Code, the California Existing Building
Code, and other applicable codes.
1101.2 Intent. The intent of this chapter is to provide a minimum degree of fire and life safety to persons
occupying existing buildings by providing minimum construction, fire protection, and life safety
requirements where existing buildings do not comply with the minimum requirements of this code or the
California Building Code.
1101.3 Permits. Permits shall be required as set forth in Sections 105.
Ordinance No. FD 58 - Page 35 of 62 Page 358
SECTION 1103
FIRE SAFETY REQUIREMENTS FOR EXISTING BUILDINGS
1103.5.3 Group I-2, Condition 2. In addition to the requirements of Section 1103.5.2, existing
buildings of Group I-2, Condition 2 occupancy shall be equipped throughout with an approved
automatic sprinkler system in accordance with Section 903.3.1.1. The automatic sprinkler system
shall be installed within a time frame established by the fire code official.
CHAPTER 12
ENERGY SYSTEMS
SECTION 1201
GENERAL
1201.1 Scope. The provisions of this chapter and Fire District Standard 12-1 shall apply to the
installation, operation, maintenance, repair, retrofitting, testing, commissioning and decommissioning
of energy systems used for generating or storing energy. It shall not apply to equipment associated with
the generation, control, transformation, transmission, or distribution of energy installations that is under
the exclusive control of an electric utility or lawfully designated agency.
1201.4 Permits. Permits shall be required as set forth in Section 105.
SECTION 1203
EMERGENCY AND STANDBY POWER SYSTEMS
1203.1.6.1 Alternate source of power. Notwithstanding the availabili , of a public electric utility,
an alternate source of power shall be provided when the manufacturer's instructions, the listing this
code, or applicable referenced standards require equipment to have an uninterruptable power source.
The public electric utility is not considered a reliable uninteMMtable power source due to historical
and foreseeable extended power interruptions along the California Power Grid due to high demand,
high heat, public safety power shutoffs, and damage to the power grid caused by destructive natural
events common in Southern California such as wildfires, Santa Ana winds, and earthquakes.
1203.1.6.2 Alternate source of fuel. Notwithstanding the availabili , of a public utility to provide
natural gas for a stationary emergency power generator, natural gas fueled stationary emergency
power generators supplied from the public utility shall be provided with an alternate source of fuel
or the ability to accept an alternate source of fuel due to historical and foreseeable extended
interruptions of the natural - gas supply caused by seismic activity.
SECTION 1204
PORTABLE GENERATORS
>1204.10 Fire extinguisher. A listed portable fire extinguisher complying with section 906 with a
minimum rating of 2-A:20-B:C shall be provided when a portable generator is in use. Based on the size
and approved location of the portable generator, the fire code official is authorized to require additional
fire extinguishers and/or fire extinguishers with a higher rating Extinguishers are required to be located
with respect to the portable generator as directed by the fire code official.
Ordinance No. FD 58 - Page 36 of 62 Page 359
SECTION 1205
SOLAR PHOTOVOLTAIC POWER SYSTEMS
1205.3 Other than Group R-3 buildings. Access to systems for buildings, other than those containing
Group R-3 occupancies, shall be provided in accordance with Sections 1205.3.1 through 1205.3.3.
1205.3.2 Interior pathways. Interior pathways shall be provided between array sections to meet the
following requirements:
1. Pathways shall be provided at intervals not greater than 150 feet throughout the length and
width of the roof.
2. A pathway not less than 4 feet wide in a straight line to roof standpipes, ventilation hatches,
and permanently installed ladders intended for firefighter use.
1205.3.5 Access ladders. Where access ladders are reauired and installed in accordance with Fire
District Standard 5-6, a clear operational area at the base of the ladder of not less than 8 feet by
feet is required to be provided. This operational area is required to provide unobstructed access to a
perimeter nathwav and/or an interior nathwav as reauired by this section and as determined by the
fire code official.
1205.5.1 Vegetation control. A vegetation exclusion zone of not less than 10 feet shall be required
around the perimeter of the ground -mounted photovoltaic arrays. A noncombustible base of gravel
or other noncombustible base approved by the fire code official shall be installed and maintained
under the photovoltaic arrays and associated electrical equipment installations. The fire code official
is authorized to require additional vegetation exclusion and/or management consistent with the
hazards and risks of the location where a ground -mounted photovoltaic array is installed.
SECTION 1206
STATIONARY FUEL CELL SYSTEMS
1206.2 Permits. Permits shall be required as set forth in Section 105.
SECTION 1207
ELECTRICAL ENERGY STORAGE SYSTEMS (ESS)
1207.1.2 Permits. Permits shall be required as set forth in Section 105.
1207.5.7 Vegetation control. Areas within 10 feet on each side of outdoor ESS shall be cleared of
combustible vegetation and other combustible growth. The fire code official is authorized to require
additional vegetation exclusion and/or management consistent with the hazards and risks of the
location where an outdoor ESS is installed.
1207.6.5 Thermal runaway. Where required by table 1207.6 or elsewhere in this code, batteries and
other ESS shall be provided with a listed device or other approved method acceptable to the fire code
official to prevent, detect and minimize the impact of thermal runaway.
1207.10.3 Permits. Permits shall be required as set forth in Section 105.
Ordinance No. FD 58 - Page 37 of 62 Page 360
CHAPTER 20
AVIATION FACILITIES
SECTION 2001
GENERAL
2001.3 Permits. Permits shall be required as set forth in Section 105.
CHAPTER 21
DRY CLEANING
SECTION 2101
GENERAL
2101.2 Permits. Permits shall be required as set forth in Section 105.
CHAPTER 22
COMBUSTIBLE DUST -PRODUCING OPERATIONS
SECTION 2201
GENERAL
2201.2 Permits. Permits shall be required as set forth in Section 105.
CHAPTER 23
MOTOR FUEL -DISPENSING FACILITIES AND REPAIR GARAGES
SECTION 2301
GENERAL
2301.1 Scope. Automotive motor fuel dispensing facilities, marine motor fuel -dispensing facilities, fleet
vehicle motor fuel -dispensing facilities, aircraft motor -vehicle fuel -dispensing facilities, residential
fueling_ operations, and repair garages shall be in accordance with this chapter and the California
Building Code, International Fuel Gas Code, California Mechanical Code, and Fire District Standard
23-1. Such operations shall include both those that are accessible to the public and private operations.
2301.2 Permits. Permits shall be required as set forth in Section 105.
CHAPTER 24
FLAMMABLE FINISHES
SECTION 2401
GENERAL
2401.3 Permits. Permits shall be required as set forth in Section 105,
Ordinance No. FD 58 - Page 38 of 62 Page 361
CHAPTER 25
FRUIT AND CROP RIPENING
SECTION 2501
GENERAL
2501.2 Permits. Permits shall be required as set forth in Section 105.
CHAPTER 26
FUMIGATION AND INSECTICIDAL FOGGING
SECTION 2601
GENERAL
2601.1 Scope. Fumigation and insecticidal fogging operations within buildings, structures, and spaces
shall comply with this chapter and the California Food and Agricultural Code, Divisions 6 and 7. Where
there are conflicting provisions, the regulations contained in the Food and Agricultural Code shall
prevail.
2601.2 Permits. An operational permit is not required to conduct fumigation and insecticidal fogging
operations per California State Fire Marshal Informational Bulletin issued 10-03-00. Instead, provide
required notification to the fire code official in accordance with Section 2603.3 of this code and the
California Business and Professions Code Section 8505.5.
CHAPTER 27
SEMICONDUCTOR FABRICATION FACILITIES
SECTION 2701
GENERAL
2701.5 Permits. Permits shall be required as set forth in Section 105.
CHAPTER 28
LUMBER YARDS AND AGRO-INDUSTRIAL, SOLID BIOMASS AND
WOODWORKING FACILITIES
SECTION 2801
GENERAL
2801.2 Permits. Permits shall be required as set forth in Section 105.
SECTION 2804
FIRE PROTECTION
2804.5 Water supply. An approved fire hydrant / water supply system capable of supplying 1,500
- gallons per minute ('gpm) fire flow for 2 hours shall be provided within 150 feet of all portions of the
Ordinance No. FD 58 - Page 39 of 62 Page 362
_yard. When required fire flow cannot be provided, the fire code official is authorized to impose
additional restrictions on pile sizes, locations, and separations.
CHAPTER 29
MANUFACTURE OF ORGANIC COATINGS
SECTION 2901
GENERAL
2901.2 Permits. Permits shall be required as set forth in Section 105.
CHAPTER 30
INDUSTRIAL OVENS
SECTION 3001
GENERAL
3001.2 Permits. Permits shall be required as set forth in Section 105.
CHAPTER 31
TENTS, TEMPORARY SPECIAL EVENT STRUCTURES,
AND OTHER MEMBRANE STRUCTURES
SECTION 3101
GENERAL
3101.1 Scope. Tents, temporary special event structures, and membrane structures shall comply with
this chapter, Fire District Standard 4-1, and Fire District Standard 31-1. The provisions of Section 3103
are applicable only to temporary tents and membrane structures. The provisions of Sections 3104 and
3106 are applicable to temporary and permanent tents and membrane structures. The provisions of
Section 3105 are applicable to temporary special event structures. The provisions of Section 3106 are
applicable to inflatable amusement devices. The provisions of Section 3107 are applicable to outdoor
assembly events. Other temporary structures shall comply with the California Building Code.
SECTION 3103
TEMPORARY TENTS AND MEMBRANE STRUCTURES
3103.1 General. Tents and membrane structures used for temporary periods of 30 days or less shall
comply with this section and Section 3106. Tents and membrane structures used for a period of 31 to
180 days shall comply with the California Building Code. Other temporary structures erected for a period
of 180 days or less shall comply with the California Building Code.
3103.4 Permits. Permits shall be required as set forth in Section 105.
3103.8.2 Location. Tents or membrane structures shall not be located within 20 feet of lot lines,
buildings, other tents or membrane structures, drive aisles available for vehicular use, parked
Ordinance No. FD 58 - Page 40 of 62 Page 363
vehicles, or internal combustion engines. For the purpose of determining required distances, support
ropes and guy wires shall be considered as part of the temporary membrane structure or tent.
SECTION 3105
TEMPORARY SPECIAL EVENT STRUCTURES
3105.3 Permits. Permits shall be required as set forth in Section 105.
3105.4 Use period. Temporary special event structures erected in accordance with ANSI E1.21 shall not
be erected for a period of more than 30 days.
SECTION 3106
OUTDOOR ASSEMBLY EVENTS
3106.1 Scope. Outdoor assembly events shall comply with this section, Chapter 4 as applicable, and all
applicable Fire District Standards.
3106.2.2 Permits. Permits shall be required as set forth in Section 105.
CHAPTER 32
HIGH -PILED COMBUSTIBLE STORAGE
SECTION 3201
GENERAL
3201.1 Scope. High -piled combustible storage shall be in accordance with this chapter and Fire District
Standard 32-1. In addition to the requirements of this chapter, the following material -specific
requirements shall apply:
Note: No changes to the numbered list.
3201.2 Permits. Permits shall be required as set forth in Section 105.
SECTION 3205
HOUSEKEEPING AND MAINTENANCE
3205.7 Designation of storage heights and areas. Where required by the fire code official, a visual
method of indicating the maximum allowable storage height and area shall be provided.
SECTION 3206
GENERAL FIRE PROTECTION AND LIFE SAFETY FEATURES
3206.7 Fire department access doors. Where fire department access doors are required by Table
3206.2, fire department access doors shall be provided in accordance with Sections 3206.7.1 through
3206.7.9.
3206.7.3 Access to doors. An all-weather surface of either asphalt or concrete not less than 3 feet
in width is required to provide a continuous pathway connecting the exterior landings of the fire
access doors. Fire department access doors shall be able to be accessed without the use of a ladder.
Ordinance No. FD 58 - Page 41 of 62 Page 364
3206.7.9 Identification of fire department access doors. Required access doors in any building
with a gross floor area greater than 10,000 square feet shall be marked in accordance with Fire
District Standard 5-5.
SECTION 3208
RACK STORAGE
3208.3 Flue spaces. Rack storage areas protected with an automatic sprinkler system shall be provided
with flue spaces in accordance with Table 3208.3. Required flue spaces shall be maintained.
3208.3.1 Flue space protection and identification. Flue spaces required by Table 3208.3 above the
first tier of storage in single-, double-, or multiple -row rack storage installations shall be identified
and equipped with approved protection devices in accordance with this section and Fire District
Standard 32-1. Such devices and means of identification shall not be removed or modified.
SECTION 3209
AUTOMATED STORAGE
3209.1 General. Automated storage shall be in accordance with this section and Fire District Standard
32-1.
CHAPTER 33
FIRE SAFETY DURING CONSTRUCTION AND DEMOLITION
SECTION 3301
GENERAL
3301.1 Scope. This chapter shall apply to structures in the course of construction, alteration, or
demolition, including those in underground locations. This chapter shall also apply to the site and
operations associated with construction, alteration, or demolition. Compliance with NFPA 241 and/or
Fire District Standard 33-3 is required for items not specifically addressed in this chapter.
3301.3 Site safety plan. A site safely plan shall be provided in accordance with Section 3303 and Fire
District Standard 33-3.
3301.4 Construction permits. Construction or building permits shall not be issued until the fire code
official inspects and approves required fire apparatus access and water supply for the construction site.
The issuance of building, permits with regard to the requirements of this section shall be in accordance
with Fire District Standard 33-1.
SECTION 3303
OWNER'S RESPONSIBILITY FOR
FIRE PROTECTION AND SITE SAFETY
3303.1 Program development and maintenance. The owner or owner's authorized agent shall be
responsible for the development, implementation, and maintenance of an approved, written site safety
plan establishing a fire prevention and site safety program at the project site applicable throughout all
Ordinance No. FD 58 - Page 42 of 62 Page 365
phases of the construction, repair, alteration, or demolition work. The plan shall address the requirements
of this chapter, other applicable portions of this code, and Fire District Standard 33-3. The plan is
required to include the duties of staff and staff training requirements. The plan shall be submitted and
approved by the fire code official before a building permit is issued. Any changes to the plan shall be
submitted for approval. The approved site safely plan is required to be provided to everyone who is
working on the site and reviewed with those who visit the site.
SECTION 3304
TEMPORARY HEATING EQUIPMENT
3304.1 Listed and approved. Temporary heating devices shall be listed and labeled. The installation,
maintenance, and use of temporary heating devices shall be in accordance with the listing and the
manufacturer's instructions. Installation and/or use of temporary heating devices requires prior approval
by the fire code official.
SECTION 3305
PRECAUTIONS AGAINST FIRE, DAMAGE, AND INJURY
3305.4 Open burning and outdoor fires. Open burning and outdoor fires as defined by Fire District
Standard 3-1 are prohibited at sites where construction, alteration, and/or demolition work is being
performed.
3305.5 Fire watch and safety standby. Where required by the fire code official or the site safety plan
established in accordance with Section 3303.1, a fire watch and safe . standbX shall be provided for
building demolition and for building construction in accordance with section 403.11.1 and Fire District
Standard 9-2_
3305.5.1 Fire watch and safety standby during construction. A fire watch and safe . standby shall
be provided during non -working hours for construction, alteration, or demolition where the building
exceeds 30 feet in height above the lowest adjacent grade at any point along the building perimeter,
for new multistory construction with an aggregate area exceeding 10,000 square feet of floor area,
or as required by the fire code official and Fire District Standard 33-3.
Exception: Group R-3 occupancies.
3305.5.2 Fire watch and safety standby personnel. Trained personnel shall be provided to serve
as an on -site fire watch and safety standby in accordance with Section 403.12.1. The combination of
fire watch duties and site security duties is acceptable.
3305.6 Hot work. Welding, cutting, ring„ soldering or brazing with open flame torches, torch
applied processes, and any other hot work or use of open flame devices is required to be conducted under
a hot work program administered by the site safety director in accordance with Chapter 35, Fire District
Standard 33-3. and Fire District Standard 35-1.
3305.8 Cooking and food warming. Cooking and food warming, including the use of microwave ovens
and portable electrical devices, shall be prohibited except in approved designated cooking and food
warming areas separated from combustible materials by a minimum of 20 feet. Signs with a minimum
letter height of 3 inches and a minimum brush stroke of 1/2 inch shall be posted in conspicuous locations
in designated cooking and food warming areas and state:
Ordinance No. FD 58 - Page 43 of 62 Page 366
DESIGNATED COOKING AND FOOD WARMING AREA.
COOKING AND WARMING FOOD OUTSIDE OF A DESIGNATED COOKING AND FOOD
WARMING AREA IS PROHIBITED.
Cooking and food warming restrictions and the location of designated cooking and food warming areas
are required to be included in the site safely plan.
SECTION 3310
FIRE AND EMERGENCY REPORTING
3310.1.1 Cellular enabled devices. Cellular enabled devices are an approved equivalent means of
communication and can be used in place of emergency telephone facilities when the street address
of the construction site is stored in the device and when an alternate emergency telephone number is
programmed into the device. The priniga phone number for requesting fire suppression and other
emergency services is 9-1-1.
SECTION 3311
ACCESS FOR FIRE FIGHTING
3311.1 Required access. Approved vehicle access for fire fighting shall be provided to all construction
or demolition sites. Vehicle access shall be provided to within 50 feet of temporary or permanent fire
department connections. Vehicle access shall be provided by either temporary or permanent roads
capable of supporting vehicle loading under all weather conditions. Vehicle access shall be maintained
until permanent fire apparatus access roads are available. Temporary fire apparatus access roadways
shall be in accordance with Fire District Standard 33-2.
SECTION 3313
WATER SUPPLY FOR FIRE PROTECTION
3313.1 When required. An approved water supply for fire protection, either temporary or permanent,
shall be made available prior to combustible material arriving on the site. Temporary water supply and
fire hydrants shall be in accordance with Fire District Standard 33-2.
Exception: Combustible materials used for the forms for thrust blocks, footings, foundations, slabs,
and vertical panels and similar work when approved by the fire code official.
3313.2 Combustible building materials. Prior to combustible building materials of the building under
construction being delivered to a site, a minimum fire flow of 1,500 gallons per minute shall be provided.
The fire hydrant or one of the hydrants used to provide this fire flow shall be within 300 feet of the
combustible building materials, as measured along an approved fire apparatus access road. Where the
site configuration is such that one fire hydrant cannot be located within 300 feet of all combustible
building materials, the fire code official is authorized to require additional and/or alternate means of
providing adequate water supply for fire protection.
3313.3 Vertical construction of Types III, IV and V construction. Prior to commencement of vertical
construction of Type III, IV or V buildings that utilize any combustible building materials, the fire flow
required by Sections 3313.3.1 through 3313.3.3 shall be provided, accompanied by fire hydrants in
sufficient quantity to deliver the required fire flow and proper coverage.
Ordinance No. FD 58 - Page 44 of 62 Page 367
3313.3.1 Fire separation up to 30 feet. Where a building of Type III, IV or V construction has a
fire separation distance of less than 30 feet from property lot lines, the water supply shall provide the
entire fire flow required by Appendix B as amended for the building when constructed.
3313.3.2 Fire separation of 30 feet up to 60 feet. Where a building of Type III, IV or V construction
has a fire separation distance of 30 feet up to 60 feet from property lot lines, the water supply shall
provide a minimum of 1,500 gallons per minute or 50 percent of the fire flow required by ppendix
B as amended for the building when constructed, whichever is greater.
3313.3.3 Fire separation of 60 feet or greater. Where a building of Type III, IV or V construction
has a fire separation greater than 60 feet from a property lot line, a water supply of 1,500 gallons per
minute shall be provided.
3313.5 Standpipe supply. Regardless of the presence of combustible building materials, the
construction type or the fire separation distance, where a standpipe is required in accordance with Section
3314, a water supply providing a minimum flow of 1,500 gallons per minute shall be
provided. The fire hydrant used for this water supply shall be located within 100 feet of the fire
department connection supplying the standpipe.
SECTION 3314
STANDPIPES
3314.1 Where required. In buildings required to have standpipes by Section 905.3.1, not less than one
standpipe shall be provided for use during construction. Such standpipes shall be installed prior to
construction exceeding 30 feet in height above the lowest level of fire department vehicle access. Such
standpipes shall be provided with fire department hose connections at locations adjacent to stairways
complying with Section 3312.1. As construction progresses, such standpipes shall be extended to within
one floor of the highest point of construction having secured decking or flooring.
SECTION 3318
SAFEGUARDING ROOFING OPERATIONS
3318.1 General. Roofing operations utilizing heat -producing systems or other ignition sources shall be
conducted in accordance with Sections 3318.2 and 3318.3, Chapter 35, and Fire District Standard 35-1.
SECTION 3319
WILDLAND-URBAN INTERFACE FIRE AREAS
3319.1 General. Fire safe . during construction and demolition in a wildland-urban interface fire area
shall be in accordance with this chapter, this section, Chapter 49, and Fire District Standard 49-1.
3319.2 Fire protection plan. A fire protection plan as required by Fire District Standard 49-1 shall be
submitted and approved in conjunction with the submittal and approval of plans fora grading or
construction permit. Approval of the fire protection plan and completion of vegetation management in
accordance with Section 3319.3 are required prior to grading and/or construction permits being
approved.
Ordinance No. FD 58 - Page 45 of 62 Page 368
3319.3 Vegetation management. Approved Zone 0 and Zone 1 vegetation management shall be
provided prior to combustible materials arriving on the site and shall be maintained throughout the
duration of construction. The fire code official is authorized to require additional vegetation management
and/or defensible space when warranted, in the opinion of the fire official, by specific conditions.
CHAPTER 34
TIRE REBUILDING AND TIRE STORAGE
SECTION 3401
GENERAL
3401.2 Permits. Permits shall be required as set forth in Section 105.
CHAPTER 35
WELDING AND OTHER HOT WORK
SECTION 3501
GENERAL
3501.1 Scope. Welding, cutting, open torches, and other hot work operations and equipment shall
comply with this chapter and Fire District Standard 35-1.
3501.2 Permits. Permits shall be required as set forth in Section 105.
3501.3 Restricted areas. Hot work shall only be conducted in areas designed or authorized for that
purpose by the personnel responsible for a Hot Work Program. Hot work shall not be conducted in the
following areas unless approval has been obtained from the fire code official:
1. Areas where the sprinkler system is impaired.
2. Areas where there exists the potential of an explosive atmosphere, such as locations where
flammable gases, liquids or vapors are present.
3. Areas with readily ignitable materials, such as storage of large quantities of bulk sulfur, baled
paper, cotton, lint, dust or loose combustible materials.
4. On board ships at dock or ships under construction or repair.
5. Outdoors in a wildland-urban interface fire area.
6. Other areas or locations as specified by the fire code official.
CHAPTER 37
COMBUSTIBLE FIBERS
SECTION 3701
GENERAL
3701.3 Permits. Permits shall be required as set forth in Section 105.
Ordinance No. FD 58 - Page 46 of 62 Page 369
CHAPTER 39
PROCESSING AND EXTRACTION FACILITIES
SECTION 3901
GENERAL
3901.3 Permits. Permits shall be required as set forth in Section 105.
CHAPTER 40
STORAGE OF DISTILLED SPIRITS AND WINES
SECTION 4001
GENERAL
4001.2 Permits. Permits shall be required as set forth in Section 105.
SECTION 4003
PRECAUTIONS AGAINST FIRE
4003.3 Sources of ignition. Sources of ignition shall be controlled in accordance with Sections 4003.3
through 4003.4.
>4003.3.1 Smoking. Smoking shall be prohibited and "No Smoking" signs provided as follows:
1. Throughout indoor and enclosed areas of the premises.
2. Within 25 feet of outdoor storage, dispensing, or open -use areas.
3. "No Smoking" signs shall be placed at all entrances to buildings and enclosed areas.
4. In outdoor areas where flammable or combustible hazardous materials are stored, dispensed
or used.
SECTION 4004
STORAGE
>4004.2 Empty containers. The storage of empty containers previously used for the storage of
flammable or combustible liquids shall be stored as required for filled containers.
CHAPTER 48
MOTIONPICTURE AND TELEVISIONPRODUCTION STUDIO SOUND STAGES,
APPROVED PRODUCTION FACILITIES AND PRODUCTIONLOCATIONS
SECTION 4803
REQUIRED PERMITS
4803.2 Additional permits. A permit shall be requiredfor:
a) Use of pyrotechnic special effects.
b) Open flames.
c) Flammable or combustible liquids, gases and dust.
d) Hot work.
e) Presence of motor vehicles within a building.
f) Any additional permits required by the fire code official or Section 105.
Ordinance No. FD 58 - Page 47 of 62 Page 370
SECTION 4807
FIRE SAFETY OFFICERS
>4807.1 Where permits are required by the Fire Code, a requirement for standby fire safety officers
shall be determined by the fire code official on a case -by -case basis.
SECTION 4811
PRODUCTIONLOCATIONS
4811.1 General. This chapter shall apply to production locations.
>4811.2 Permits. A permit shall be obtained for any of the activities that follow:
a) Use of pyrotechnic special effects.
b) Open flames.
c) Flammable or combustible liquids, gases and dust.
d) Hot work.
e) Presence of motor vehicles within a building.
f) Tents and canopies regulated by Chapter 31.
g) Any additional permits required by the fire code official or Section 105.
CHAPTER 49
REQUIREMENTS FOR WILDLAND-URBAN INTERFACE FIRE AREAS
SECTION 4901
GENERAL
4901.3 Authority. Construction, vegetation management, and the mitigation of conditions that have the
potential to destroy life and/or property, cause environmental damage, or overwhelm fire suppression
capabilities due to a fire in the designated wildland-urban interface fire area are required to be in
accordance with this code, this chapter, Fire District Standard 49-1, the California Building Code, the
California Referenced Standards Code, and the California Residential Code.
SECTION 4903
PLANS
4903.1 General. The fire code official is authorized to require the owner or owner's authorized agent to
provide afire protection plan. The fire protection plan shall be prepared to determine the acceptability
of fire protection and life safety measures designed to mitigate wildfire hazards presented
for the property under consideration.
The fire protection plan shall be prepared by a registered design professional, qualified landscape
architect, qualified fire safety specialist or similar specialist acceptable to the fire code official and shall
analyze the wildfire risk of the building, project, premises or region to recommend necessary changes.
The fire code official is authorized to require a preliminary fire protection plan prior to the submission
of a final fire protection plan.
Fire protection plans are required to be in accordance with this chapter and Fire District Standard 49-1.
Ordinance No. FD 58 - Page 48 of 62 Page 371
Approved, ire protection plans are required to be recorded on the parcel or parcels to which the plan
pertains by filing the fire protection plan with the County Recorder as an agreement between the
property owner and the Fire District that runs with the land.
SECTION 4906
VEGETATION MANAGEMENT
4906.1 General, Planting of vegetation for new or replacement landscaping shall be selected to reduce
non -fire-resistant vegetation in proximity to a structure and to maintain vegetation as it matures.
4906.2 Application. All new plantings of vegetation in State Responsibility Areas (SRA) and Local
Responsibility Areas (LRA) designated as a Very High Fire Hazard Severity Zone shall comply with
Sections 4906.3 through 4906.5.3.
4906.3 Landscape plans. Landscape plans shall be provided when required by the enforcing agency.
The landscape plan shall include development and maintenance requirements for the vegetation
management zone adjacent to structures and roadways, and to provide significant fire hazard reduction
benefits for public and firefighting safety.
4906.3.1 Contents. Landscape plans shall contain the following:
1. Delineation of the 5-foot combustible exclusion zone.
2. Delineation of the 30 foot and 100 foot fuel management zones from all structures, or
alternatively the 50foot and 100foot fuel management zones as allowed Fire District
Standard 49-1.
3. Identification of existing vegetation to remain and proposed new vegetation.
4. Identification of irrigated areas.
5. A plant legend with both botanical and common names, and identification of all plant
material symbols.
6. Identification of ground coverings within the 30 foot or 50 foot zones.
4906.4 Vegetation. All new vegetation shall be compatible with the climate zone in which it will be
planted and resistant to fire and frosyreeze damage. Vegetation that is also drought tolerant is
preferred. To be considered compatible with the climate zone in which it will be planted, resistant to fire
and efrosyreeze damage, and/or drought tolerant, vegetation is required to meet at least one of the
following:
1. Be identified as compatible with the climate zone in which it will be planted, resistant to ire and
frosyreeze damage, and/or drought tolerant in an approved book, journal or listing from an
approved organization.
2. Be identified as compatible with the climate zone in which it will be planted, resistant to fire and
frosyreeze damage, and/or drought tolerant by a licensed landscape architect with supporting
justification.
3. Plants considered compatible with the climate zone in which it will be planted, resistant to,fire
and frosyreeze damage, and/or drought tolerant by the local enforcing agency.
>4906.4.1 Shrubs. All new plantings of shrubs shall comply with the more restrictive provisions of
Fire District Standard 49-1.
>4906.4.2 Trees. Trees shall be managed in accordance with the more restrictive provisions of Fire
District Standard 49-1.
SECTION 4907
Ordinance No. FD 58 - Page 49 of 62 Page 372
DEFENSIBLE SPACE
4907.3 Requirements. Hazardous vegetation and fuels around all buildings and structures shall be
maintained in accordance with the following laws, regulations, and standards:
1. Public Resources Code, Section 4291.
2. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 3, Article 3,
Section 1299.03.
3. California Government Code, Section 51182.
4. California Code of Regulations, Title 19, Division 1, Chapter 7, Subchapter 1, Section 3.07.
5. Fire District Standard 49-1.
SECTION 4908
FIRE SAFE DEVELOPMENT REGULATIONS
4908.2 Subdivision map findings. Pursuant to Government Code (GC), Section 66474.02, before
approving a tentative map, or a parcel map for which a tentative map was not required, for an area
located in an SRA or an LRA Very High Fire Hazard Severity Zone, as both are defined in GC Section
51177, the Board of Directors, except as provided in GC Subsection 66474.02(c), shall make findings
regarding compliance with the SRA Fire Safe Regulations and the availability of structural fire
protection and suppression services. The authority to make said findings can be delegated to the fre
code official in accordance with the Fire Protection District Law of 1987. These findings and
accompanying map shall be transmitted to the Board of Forestry and Fire Protection and comply with
the requirements in Title 14, Division 1.5, Chapter 7, Subchapter 1, Article 1.
CHAPTER 50
HAZARDOUS MATERIALS — GENERAL PROVISIONS
SECTION 5001
GENERAL
5001.5 Permits. Permits shall be required as set forth in Section 105.
>Permittees shall apply for approval to permanently close a storage, use, or handling facility. Such
application shall be submitted at least 30 days prior to the termination of the storage, use, or handling of
hazardous materials. Such application shall be accompanied by an approved facility closure plan in
accordance with Section 5001.6.3. The 30-day—period is not applicable when approved based on special
circumstances requiring such waiver.
SECTION 5004
STORAGE
5004.14 Outdoor storage location. Outdoor storage areas for hazardous materials shall be located as
required by Section 5003.12 except where material -specific requirements, including requirements in
referenced standards, are provided in other chapters of this code. The fire code official is authorized to
impose more restrictive requirements on outdoor storage locations when the materials being stored create
or have the potential to create an odor or other nuisance to adjacent Group A, M, or R occupancies.
Ordinance No. FD 58 - Page 50 of 62 Page 373
SECTION 5005
USE, DISPENSING, AND HANDLING
5005.3.3 Outdoor location. Outdoor dispensing and use areas for hazardous materials shall be
located as required by Section 5003.12 except where material -specific requirements, including
requirements in referenced standards, are provided in other chapters of this code. The fire code
official is authorized to impose more restrictive requirements on outdoor use, dispensing, and
handling locations when the materials being used, dispensed, or handled create or have the potential
to create an odor or other nuisance to adjacent Group A, M, or R occupancies.
CHAPTER 51
AEROSOLS
SECTION 5101
GENERAL
5101.2 Permits. Permits shall be required as set forth in Section 105.
CHAPTER 53
COMPRESSED GASES
SECTION 5301
GENERAL
5301.2 Permits. Permits shall be required as set forth in Section 105.
CHAPTER 54
CORROSIVE MATERIALS
SECTION 5401
GENERAL
5401.2 Permits. Permits shall be required as set forth in Section 105.
CHAPTER 55
CRYOGENIC FLUIDS
SECTION 5501
GENERAL
5501.2 Permits. Permits shall be required as set forth in Section 105.
Ordinance No. FD 58 - Page 51 of 62 Page 374
CHAPTER 56
EXPLOSIVES AND FIREWORKS
SECTION 5601
GENERAL
5601.1.4 Rocketry. For rocketry requirements see Fire District Standard 56-1 and California Code
of Regulations, Title 19, Division 1, Chapter 6, reprinted in Sections 5610, 5611, and 5612.
5601.2 Permits. Permits shall be required as set forth in Section 105.
5601.7 Seizure. The fire code official is authorized to remove or cause to be removed or disposed of in
an approved manner, at the expense of the owner, explosives, explosive materials or fireworks offered
or exposed for sale, stored, possessed or used in violation of this chapter; the Municipal Code; and
California Code of Regulations Title 19, Division 1, Chapter 6. Any seizure or removal pursuant to this
section shall be in compliance with all applicable regulations, statutes, and laws.
SECTION 5608
FIREWORKS DISPLAY
5608.1 General. Outdoor fireworks displays; use of pyrotechnics before a proximate audience; and
pyrotechnic special effects in motion picture, television, theatrical, and group entertainment productions
shall comply with this section, California Code of Regulations, Title 19, Division 1, Chapter 6; and Fire
District Standard 56-2.
[California Code of Regulations, Title 19, Division 1, §980-10061
Article 13. General Safety Requirements
L991.7 Firing. All public display of fireworks shall be electrically fired. Electrical ,firing circuits are
required to be in accordance with Article 13.5.
Article 15. Public Display
>§999. Mortars, Aerial Shells
(a) General.
(1) Electric firing shall be required for all mortars, cakes, Roman candles, set pieces, and any other
fireworks or effects included as part of public display. Electricals wring circuits are required to
be in accordance with Article 13.5.
(2) Multiple -break shells that include a salute as one of the breaks shall be fired in MDPE mortars
only.
>§1003. Operation of Display.
(d) Firing.
(1) All firing shall be done upon order or signal of the licensed pyrotechnic operator controlling
the display.
(2) Electric firing shall comply with all of the requirements of Article 13.5 of this chapter.
(3) Upon conclusion of firing, no unauthorized person shall be permitted access to the firing
area until the licensed pyrotechnic operator has determined the area to be safe and secure.
(4) Electric firing shall be required for all mortars, cakes, Roman candles, set pieces, and any
other fireworks or effects included as part of a public display. Electrical firing circuits are
reauired to be in accordance with Article 13.5.
Ordinance No. FD 58 - Page 52 of 62 Page 375
SECTION 5611
MODEL ROCKETS
[California Code of Regulations, Title 19, Division 1, §1020-10281
Article 17. Model Rockets
§1022. Model Rocket Standards and Use.
(a) Model rocket standards and use shall comply with: Fire District Standard 56-2 and N.F.P.A. 1122,
the Code for Unmanned Rockets, Chapter 3, Sections 3-1.1 through 3-1.10, Chapter 4, Chapter 5,
Chapter 6 and Appendix A-2-(1987), which is incorporated by reference herein except for Appendices
A-2.3 and A-2.4.
§1023. Storage and Sale. No model rocket motors shall be stored, sold or offered for sale at retail unless
such model rocket motors have been classified by the California State Fire Marshal.
§1024. Restrictions. The provisions of this article shall not be used to establish the authority to possess,
launch or use experimental unlimited or experimental/high powered rocket motors.
SECTION 5612
EXPERIMENTAL HIGH POWER ROCKETS AND MOTORS
[California Code of Regulations, Title 19, Division 1, §1030-10391
Article 18. Experimental High Power Rockets and Motors
>§1030. General. Experimental hLgpower rockets and motors are prohibited.
Note: All other subsections of Article 18 are deleted.
SECTION 5613
EMERGENCY SIGNALING DEVICES
[California Code of Regulations, Title 19, Division 1, §1045-10461
Article 19. Emergency Signaling Devices
>§1045. Fire Hazard. The use of an emergency signaling device creates a fire hazard. The use of an
emergency signaling device is prohibited.
§1046. License Required. Manufacturers of emergency signaling devices whose manufacturing
operations take place in California must possess a valid fireworks manufacturing license from the State
Fire Marshal to manufacture emergency signaling devices.
Ordinance No. FD 58 - Page 53 of 62 Page 376
CHAPTER 57
FLAMMABLE AND COMBUSTIBLE LIQUIDS
SECTION 5701
GENERAL
5701.4 Permits. Permits shall be required as set forth in Section 105.
SECTION 5704
STORAGE
5704.2.7.6 Repair, alteration or reconstruction of tanks and piping. The repair, alteration or
reconstruction, including welding, cutting and hot tapping of storage tanks and piping that have
been placed in service, shall be in accordance with NFPA 30 and Fire District Standard 57-1. Hot
work, as defined in Section 202, on such tanks shall be conducted in accordance with Section
3510.
5704.2.9.6.1 Locations where above -ground tanks are prohibited. Storage of Class I and
II liquids in above -ground tanks outside of buildings is prohibited in accordance with the
appliable provisions of this section, Chapter 50, and the Municipal Code.
5704.2.13 Abandonment and status of tanks. Tanks taken out of service shall be removed in
accordance with Section 5704.2.14 and Fire District Standard 57-1, or safeguarded in accordance
with Sections 5704.2.13.1 through 5704.2.13.2.3 and API 1604.
5704.2.14 Removal and disposal of tanks. Removal and disposal of tanks shall comply with
Sections 5704.2.14.1 and 5704.2.14.2 and Fire District Standard 57-1.
>5704.3.3.4 Empty containers or portable tank storage. The storage of empty tanks and
containers previously used for the storage of flammable or combustible liquids shall be stored as
required for filled containers and portable tanks. Portable tanks and containers, when emptied,
shall have the covers or plugs immediately replaced in openings.
5704.3.3.9 Idle combustible pallets. Storage of empty or idle combustible pallets inside an
unprotected liquid storage area shall be limited to a maximum pile size of 500 square feet and to
a maximum storage height of 6 feet. Storage of empty or idle combustible pallets inside a
protected liquid storage area shall comply with NFPA 13. Pallet storage shall be separated from
liquid storage by aisles that are at least 8 feet wide.
SECTION 5706
SPECIAL OPERATIONS
5706.2.4.4 Locations where above -ground tanks are prohibited. Storage of Class I and II
liquids in above -ground tanks outside of buildings is prohibited in accordance with the appliable
provisions of this section, Chapter 50, and the Municipal Code.
Ordinance No. FD 58 - Page 54 of 62 Page 377
CHAPTER 58
FLAMMABLE GASES AND FLAMMABLE CRYOGENIC FLUIDS
SECTION 5801
GENERAL
5801.2 Permits. Permits shall be required as set forth in Section 105.
SECTION 5806
FLAMMABLE CRYOGENIC FLUIDS
5806.2 Limitations. Storage of flammable cryogenic fluids in stationary containers outside of buildings
is prohibited in accordance with the appliable provisions of this section, Chapter 50, and the Municipal
Code.
CHAPTER 59
FLAMMABLE SOLIDS
SECTION 5901
GENERAL
5901.2 Permits. Permits shall be required as set forth in Section 105.
CHAPTER 60
HIGHLY TOXIC AND TOXIC MATERIALS
SECTION 6001
GENERAL
6001.2 Permits. Permits shall be required as set forth in Section 105.
CHAPTER 61
LIQUEFIED PETROLEUM GASES
SECTION 6101
GENERAL
6101.2 Permits. Permits shall be required as set forth in Section 105.
Ordinance No. FD 58 - Page 55 of 62 Page 378
SECTION 6104
LOCATION OF LP -GAS CONTAINERS
6104.2 Maximum capacity within established limits. Within the limits established by law restricting
the storage of liquefied petroleum gas for the protection of heavily populated or congested areas, the
aggregate capacity of any one installation where LP -gas is the primary source of heat shall not exceed a
water capacity of 2,000 gallons in any location determined by the fire code official to create an
unacceptable hazard to persons and/or property.
Exceptions:
1. In particular installations, this capacity limit shall be determined and may be reduced by the
fire code official, after consideration of special features such as topographical conditions,
nature of occupancy, and proximity to buildings, capacity of proposed containers, degree of
fire protection to be provided, and capabilities of the local fire department.
2. Where LP -gas is not the primary source of heat, the aggregate capacity of LP -gas in use and
storage on properties with a Group R use shall not exceed 100 pounds or the maximum allowed
by this code, whichever is less.
SECTION 6107
SAFETY PRECAUTIONS AND DEVICES
6107.4 Protecting containers from vehicles. Where exposed to vehicular damage due to proximity to
alleys, driveways or parking areas, LP -gas containers, regulators and piping shall be protected in
accordance with NFPA 58 and Section 312.
6107.5 Container orientation. Containers in multiple -container stationary installations and containers
in storage shall be oriented with relation to one another such that the length axes of the containers are
parallel.
_ -
Exception: Portable containers.
SECTION 6109
STORAGE OF PORTABLE LP -GAS CONTAINERS AWAITING USE OR RESALE
6109.13 Protection of containers. LP -gas containers shall be stored within a suitable enclosure or
otherwise protected against tampering. Where required by the fire code official, vehicle impact
protection shall be provided in accordance with NFPA 58 and Section 312.
Exception: Deleted
CHAPTER 62
ORGANIC PEROXIDES
SECTION 6201
GENERAL
6201.2 Permits. Permits shall be required as set forth in Section 105.
Ordinance No. FD 58 - Page 56 of 62 Page 379
CHAPTER 63
OXIDIZERS, OXIDIZING GASES, AND OXIDIZING CRYOGENIC FLUIDS
SECTION 6301
GENERAL
6301.2 Permits. Permits shall be required as set forth in Section 105.
CHAPTER 64
PYROPHORIC MATERIALS
SECTION 6401
GENERAL
6401.2 Permits. Permits shall be required as set forth in Section 105.
CHAPTER 65
PYROXYLIN (CELLULOSE NITRATE) PLASTICS
SECTION 6501
GENERAL
6501.2 Permits. Permits shall be required as set forth in Section 105.
CHAPTER 66
UNSTABLE (REACTIVE) MATERIALS
SECTION 6601
GENERAL
6601.2 Permits. Permits shall be required as set forth in Section 105.
CHAPTER 67
WATER -REACTIVE SOLIDS AND LIQUIDS
SECTION 6701
GENERAL
6701.2 Permits. Permits shall be required as set forth in Section 105.
Ordinance No. FD 58 - Page 57 of 62 Page 380
CHAPTER 80
REFERENCED STANDARDS
Standards of the Rancho Cucamonga Fire Protection District
Number
Standard Title
1-1
Operational Permits
1-2
Construction Permits
1-3
Appeals
1-4
Unsafe Structures, Equipment, and Operations
2-1
Definitions
3-1
Outdoor Fires
3-2
Open Flames
3-3
General Storage
3-4
Waste Handling and Recycling Facilities
3-5
Weed and Fire Hazard Abatement
3-6
Landscaped and Occupied Roofs
4-1
Outdoor Carnivals, Fairs, and Public Assemblages
4-2
Indoor Tradeshows, Exhibits, and Displays
4-3
Special Amusement Areas
4-4
Seasonal Sales Lots
4-5
Emergency Guides
5-1
Fire Apparatus Access Roads
5-2
Permanent Alternative Material All -Weather Fire Apparatus Access Road
5-3
Residential Gates
5-4
Commercial & Industrial Gates
5-5
Identification of Access Doors in Commercial/Industrial Buildings
5-6
Roof Access
5-7
Multi -Family Residential Building Address Signage
5-8
Commercial/Industrial Building Address Signage
5-9
Knox Boxes
5-10
Fire Protection Water Supply Systems
5-11
Site Plans
6-1
Commercial Cooking Operations
8-1
Schools and Classrooms
9-1
Non -Required Systems
9-2
Systems Out of Service - Fire Watch & Impairment Coordinator
9-3
Automatic Fire Sprinkler Systems
9-4
Fire Extinguishing Systems
9-5
Fire Alarm and Monitoring Systems
9-6
Alarm Signal Verification
11-1
Existing Buildings
12-1
Energy Systems
23-1
Fueling Operations
28-1
Lumber Yards
31-1
Tents, Temporary Special Event Structures, and Other Membrane Structures
32-1
High -Piled Combustible Storage
33-1
Release of Construction Permits
33-2
Temporary Fire Apparatus Access Roads and Hydrants
33-3
Fire Prevention and Site Safety During Construction
35-1
Hot Work
49-1
Wildland-Urban Interface Fire Area
56-1
Model Rockets
56-2
Fireworks
57-1
Hazardous Materials Tank Abandonment and Removal
Ordinance No. FD 58 - Page 58 of 62 Page 381
>APPENDIX A
APPEALS
A101.1 General. Appeals shall be in accordance with Fire District Standard 1-3.
Note: The remainder of Annendix A is deleted and replaced with Fire District Standard 1-3
APPENDIX B
SECTION B105
FIRE -FLOW REQUIREMENTS FOR BUILDINGS
B105.1 One- and two-family dwellings, Group R-3, R-3.1, and R-4 buildings and townhouses. The
minimum fire -flow and flow duration requirements for one- and two-family dwellings, Group R-3,
R-3.1, and R-4 buildings and townhouses shall be as specified in Tables B 105.1(1) and B 105.1(2).
B105.2 Buildings other than one- and two-family dwellings, Group R-3, R-3.1, and R-4 buildings
and townhouses. The minimum fire -flow and flow duration for buildings other than one- and two-family
dwellings, Group R-3, R-3.1, and R-4 buildings and townhouses shall be as specified in Tables B 105.1(2)
and B105.2.
Exception: Remains, unchanged.
TABLE 6105.1(1)
REQUIRED FIRE FLOW FOR ONE- AND TWO-FAMILY DWELLINGS,
GROUP R-3, R-3.1, AND R-4 BUILDINGS AND TOWNHOUSES
FIRE -FLOW
AUTOMATIC
MINIMUM FIRE FLOW
FLOW DURATION
CALCULATION AREA
SPRINKLER SYSTEM
(gallons per minute)
(hours)
(square feet)
(Design Standard)
No automatic sprinkler
0-3,600
1,000
1
system
Duration in Table
3,601 and greater
No automatic sprinkler
Value in Table
B105.2(2) at the
system
B105.1(2)
required fire -flow rate
Section 903.3.1.3 of
the California Fire
0-3,600
Code or Section 313.3
11000
1
of the California
Residential Code
Section 903.3.1.3 of
the California Fire
3,601 and greater
Code or Section 313.3
11000
1
of the California
Residential Code
Ordinance No. FD 58 - Page 59 of 62 Page 382
TABLE B105.2
REQUIRED FIRE FLOW FOR BUILDINGS OTHER THAN ONE- AND TWO-FAMILY DWELLINGS,
GROUP R-3, R-3.1, AND R-4 BUILDINGS AND TOWNHOUSES
AUTOMATIC SPRINKLER
MINIMUM FIRE FLOW
FLOW DURATION
SYSTEM (Design Standard)
(gallons per minute)
(hours)
No automatic sprinkler system
Value in Table B105.1(2)
Duration in Table B105.1(2)
Section 903.3.1.1 of the
25% of the value in Table
Duration in Table B105.1(2) at
California Fire Code
B105.1(2). See Note (a)
the reduced flow rate
Section 903.3.1.2 of the
25% of the value in Table
Duration in Table B105.1(2) at
California Fire Code
B105.1(2) See Note (b)
the reduced flow rate
(a) The reduced fire flow shall not be less than 1,500 gallons per minute
(b) The reduced fire flow shall not be less than 1,500 gallons per minute
APPENDIX N
INDOOR TRADE SHOWS AND EXHIBITIONS
SECTION N101
GENERAL
N101.2 Permits. Permits shall be reauired as set forth in Section 105.
APPENDIX 0
TEMPORAR Y HA UNTED HOUSES, GHOST WALKS AND SIMILAR AMUSEMENT USES
SECTION 0101
GENERAL
0101.2 Permits. Permits shall be required as set forth in Section 105 for haunted houses, ghost walks,
or similar amusement uses in accordance with Appendix 0101.2.1.
Ordinance No. FD 58 - Page 60 of 62 Page 383
SECTION 5. Violation Penalties
It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to
comply with any of the requirements of this Ordinance or the Codes adopted hereby. In addition to any
other penalties set forth in this Ordinance, any person, firm, partnership, or corporation violating any
provision of this Ordinance or the Codes adopted hereby or failing to comply with any of its requirements
shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not
exceeding the maximum allowed by law or by imprisonment not exceeding six (6) months, or by both
such fine and imprisonment. Each person, firm, partnership, or corporation shall be deemed guilty of a
separate offense for each and every day or any portion thereof during which any violation of any
provision of this Ordinance or the Codes adopted hereby is committed, continued, or permitted by such
person, firm, partnership, or corporation, and shall be deemed punishable therefore as provided in this
Ordinance.
SECTION 6. Abatement of Nuisance
The violation of any of the provisions of this Ordinance or the Codes adopted hereby shall constitute a
nuisance and may be abated by the Board through civil process by means of restraining order,
preliminary or permanent injunction, or in any other manner provided by law for the abatement of such
nuisances.
SECTION 7. Severability
The Board hereby declares that should any provision, section, paragraph, sentence, or word of this
Ordinance or the Code hereby adopted be rendered or declared invalid by any final court action in a
court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions,
sections, paragraphs, sentences, and words of this Ordinance and the Codes hereby adopted shall remain
in full force and effect.
SECTION 8. Rights Reserved
Nothing in this Ordinance or in the Fire Code hereby adopted shall be construed to affect any suit or
proceeding pending in any court, or any rights acquired, or any liability incurred, or any cause or causes
of action, or any existing agreement under any ordinance hereby repealed as cited in Section 1 of this
Ordinance; nor shall any just or legal right or remedy of any character be lost, impaired, or affected by
this Ordinance.
SECTION 9. Publication
The Secretary of the District shall certify to the adoption of this ordinance and shall cause the same or a
summary thereof to be published and posted as required by law.
SECTION 10. Date of Effect
This Ordinance shall take effect at 12:01 a.m. on January 2, 2023.
Ordinance No. FD 58 - Page 61 of 62 Page 384
PASSED, APPROVED, AND ADOPTED this day of 2022.
AYES:
NOES:
ABSENT:
ABSTAINED:
L. Dennis Michael, President
ATTEST:
Janice C. Reynolds, Secretary
I, Janice C. Reynolds, Secretary of the Rancho Cucamonga Fire Protection District, do hereby certify
that the foregoing Ordinance was introduced for first reading by the Board of Directors of the Rancho
Cucamonga Fire Protection District at a regular meeting of said Board held on the day of
, 2022, and was finally passed, approved, and adopted by the Board of Directors
of the Rancho Cucamonga Fire Protection District at a regular meeting of said Board held on the. day
of , 2022.
Executed this day of , 2022 at Rancho Cucamonga, California.
Janice C. Reynolds, Secretary
Ordinance No. FD 58 - Page 62 of 62 Page 385
RANCHO
CUCAMONGA
0
• Every 3 years the State of California publishes a new
set of buildinlcodes based on new versions of the
International Codes
• CA Building Standards Code (Title 24) governs the
construction of all buildings in the stafe
• Every city in California is mandated to adopt the State
codes
• Each city may amend the codes to address
local climatic, topographical, or geographical
conditions.
r L1HNIA REPUBLIC
+� f 1. A-1
6
Domoas W. Tkarborg, AiA, CBO
Sandra HYA, RE
JayWoadward
• Effective Adoption Date -January 1, 2023
• Public Outreach/Training Sessions
• Design and Development of Checklists
• New Information and Illustrative Resources
• Update City Website
A public hearing is required prior to the final adoption of the codes at the local level. By
law, the date of the public hearing is set by the governing body at the time of the first
reading of the ordinances.
As such, staff recommends that the City Council and Fire Board move toward the adoption
of the 2022 California Codes and applicable 2021 International Codes, with the
amendments proposed, by approving a first reading of the ordinances tonight and setting
November 2nd, 2022, as the date for the second reading and Public Hearing.