Agenda packet — Rancho Cucamonga City Council, January 5, 2022 (part 1 of 4)

Mayor
L. Dennis Michael
Mayor Pro Tem
Lynne B. Kennedy
Members of the City
Council:

Ryan A. Hutchison
Kristine D. Scott
Sam Spagnolo
AMENDED AGENDA
(ITEM A1 ADDED TO AGENDA 1/4/2022 4:30PM)
CITY OF RANCHO CUCAMONGA
REGULAR MEETING AGENDA
January 5, 2022
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
FIRE PROTECTION DISTRICT BOARD – CITY COUNCIL
HOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLIC
FINANCE AUTHORITY
CLOSED SESSION TRICOMMUNITIES ROOM 4:30 P.M.

REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.

The City Council meets regularly on the first and third Wednesday of the month a t 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00 p.m. unless extended by the concurrence of the City Council. Agendas, minutes, and recordings of meetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 9097742023. Live Broadcast available on Channel 3 (RCTV3).

In accordance with AB 361, and to ensure the health and safety of our residents by limiting contact that could spread the COVID–19 virus, members of the public have the option to participate in this City Council/Fire District meeting via a teleconference. Members of the public may also attend the meeting in person. Those wishing to speak during public communication may call at the start of the meeting by dialing (909)7742751, if speaking on a Public Hearing item, please dial in when the Public Hearing is being heard at (909)7742751 to be added to the queue for public comment. Calls will be answered in the order received.

Members of the public are encouraged to watch from the safety of their homes by Live Streaming on the City's website at https://www.cityofrc.us/yourgovernment/citycouncilagendas or Local Cable: RCTV3 Programming. The City of Rancho Cucamonga thanks you in advance for taking all precautions to prevent spreading the COVID19 virus.

CLOSED SESSION – 4:30 P.M.

TRICOMMUNITIES ROOM
ROLL CALL: Mayor Michael
Mayor Pro Tem Kennedy
Council Members Hutchison, Scott, and Spagnolo
A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)
C. CITY MANAGER ANNOUNCEMENTS
D. CONDUCT OF CLOSED SESSION
D1. CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA CITY EMPLOYEES’ ASSOCIATION (RCCEA), TEAMSTERS LOCAL 1932, RANCHO CUCAMONGA MANAGEMENT ASSOCIATION, EXECUTIVE MANAGEMENT GROUP – (CITY/FIRE)
D2. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9: 1 CASE – (CITY)
D3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT THE TERMINUS OF SMOKESTONE STREET, EAST OF TORREY PINE COURT, RANCHO CUCAMONGA, CALIFORNIA 91739, IDENTIFIED AS COUNTY ASSESSOR’S PARCEL NUMBER 022804424, NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND CHAO PING YANG; REGARDING PRICE AND TERMS. – (CITY)
D4. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE’S INC. V.

CITY OF RANCHO CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA, CASE NO. 5:20CV02506JGBSP – (CITY)
D5. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: HIMNEL USA, INC. d/b/a ST. MARY'S MONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OF RANCHO CUCAMONGA, SBSC CASE NO.: CIVDS 2014554. – (CITY)
D6. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V. DR LANDMARK, INC.; POWER MEDIC TECHNOLOGIES, INC.; HOFER PROPERTIES, LLC; AND DOES 1 THROUGH 5 INCLUSIVE, SBSC CASE NO.: CIVDS 1904713 – (CITY)
D7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8949 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916222; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8783 ETIWANDA AVENUE/12949 WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916214; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC, AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KULAR TRUCK LINE, INC., OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D9. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 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) D10. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916222; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC, AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE.

NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D11. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8768 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022913116; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND SCG/DP ETIWANDA LLC, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D12. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8996 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022928379; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BTC III RANCHO CUCAMONGA LOGISTICS CENTER LP, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D13. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8821 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916215; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND WILLIAM A. JONES AND JOAN F. JONES, TRUSTEES OF THE JONES FAMILY TRUST OF 2010, AS TO AN UNDIVIDED ONETHIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANN GARNESS, UNDIVIDED ONETHIRD (1/3) INTEREST, AND JAMES ROY GARNESS AND RHONDA ANN GARNESS, TRUSTEES OF THE GARNESS FAMILY TRUST DATED JUNE 28, 2012, AS TO AN UNDIVIDED ONETHIRD (1/3) INTEREST, AND JOHN S. CLEMONS AND PATRICIA R. CLEMONS, TRUSTEES OF THE CLEMONS REVOCABLE TRUST DATED DECEMBER 4, 2014, AS TO AN UNDIVIDED ONETHIRD (1/3) INTEREST, AS TENANTS IN COMMON, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY) D14. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8688 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022913131; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND GOODMAN RANCHO SPE LLC, A DELAWARE LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D15. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8889 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022929117; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND LIGHTNING P.M. LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D16. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8685 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022915128, FORMALLY 022915115; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND COLOMBERO FAMILY LIMITED PARTNERSHIP, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D17. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8717 AND 8733 ETIWANDA AVENUE AND 12928 AND 12934 WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBERS 022916102, 022916103, 022916104, AND 022916105; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND COLOMBERO FAMILY LIMITED PARTNERSHIP, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D18. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8939 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022929155; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND, PACIFIC, AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND BCORE IE WEST OWNER LLC, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE.

NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. – (CITY)
D19. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD IDENTIFIED AS PARCEL NUMBERS 1090331030000, 1090331040000, 1089581040000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND JOSEPH FILIPPI, JOSEPH FILIPPI WINERY AND VINEYARDS; REGARDING PRICE AND TERMS. – (CITY)
E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the Council Chambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.

REGULAR MEETING – 7:00 P.M.

COUNCIL CHAMBERS
PLEDGE OF ALLEGIANCE
ROLL CALL: Mayor Michael
Mayor Pro Tem Kennedy
Council Members Hutchison, Scott, and Spagnolo
A. AMENDMENTS TO THE AGENDA
A1. AB 361 Findings for Special Brown Act Requirements for Teleconference Meetings. (CITY/FIRE) B. ANNOUNCEMENT / PRESENTATIONS
B1. Administration of Oath of Office to Nicholas Ghirelli, City Attorney.

B2. Presentation of a Proclamation to Outgoing Historic Preservation/Planning Commissioners Tony Guglielmo and Francisco Oaxaca for their Dedicated Service to the Historic Preservation/Planning Commission.

B3. Presentation of a Certificate of Recognition to the Rancho Cucamonga High School Resource Officer Deputy John Cadogan and School Nurse Yolanda Warren for Heroically Saving the Life of a Student on Campus.

C. PUBLIC COMMUNICATIONS
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority. This is the time and place for the general public to address the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council from addressing any issue not previously included on the Agenda. The Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council may receive testimony and set the matter for a subsequent meeting.

Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected.

Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting.

The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed.

CONSENT CALENDARS:

The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon without discussion unless an item is removed by Council Member for discussion.

Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar.

D. CONSENT CALENDAR
D1. Consideration of Meeting Minutes for the Regular Meetings of November 17, 2021.

D2. Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of $1,902,322.32 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $7,220,700.83 Dated December 06, 2021 Through December 16, 2021. (CITY/FIRE)
D3. Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $14,238.90 Dated December 06, 2021 Through December 16, 2021. (CITY/FIRE)
D4. Consideration of a Professional Services Agreement with University Enterprises Corporation on behalf of Inland Empire Small Business Development Center for Business Consulting Services in the Amount of $25,000. (CITY)
E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION E1. Consideration of Second Reading and Adoption of the Following:

ORDINANCE NO. 991
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING CHAPTER

3.76 TO THE RANCHO CUCAMONGA MUNICIPAL CODE TO ESTABLISH AN AFFORDABLE HOUSING DEVELOPMENT IMPACT FEE
F. ADMINISTRATIVE HEARING ITEM(S)
G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT G1. Public Hearing to Consider First Reading of City Council Ordinance No. 992, to Approve Prezoning (DRC202000186), Consent to a Proposed Annexation, and Adopt an Associated Plan for Service (DRC202000185), and City Council Ordinance No. 993 to Approve Development Agreement (DRC202100175), Each to be Read by Title Only and Waive Further Reading: to Consider City Council Resolutions to Adopt General Plan Amendment (DRC202000184), Tentative Parcel Map (SUBTPM20251), Design Review (DRC202000177), Conditional Use Permit (DRC202100317), Uniform Sign Program (DRC202000178), and Certification of Environmental Impact Report, Make Findings Pursuant to the Environmental Quality Act, and Adopt a Mitigation Monitoring and Reporting Program (SCH No. 2020090076) to Allow for the Development of Two Industrial Warehouse Buildings totaling approximately 655,878 square feet on an approximate 35acre project site Located Approximately 650 East of Etiwanda Avenue, North of Napa Street; APNS: 022929123, 46, and 54.

The Rancho Cucamonga Fire Protection District Will Also Consider a Resolution to Consent to the Proposed Annexation and Adoption of a Plan (DRC202000185) for the Same Project. (RESOLUTION NOS. 2022001, 2022002, 2022003, 2022004 & 2022005, 2022006 AND FD2022001) (ORDINANCE NOS. 992 & 993) (CITY/FIRE)
H. CITY MANAGER'S STAFF REPORT(S)
H1. Consideration to Approve an Amendment to the City Manager’s Employment Agreement. (CITY) I. COUNCIL BUSINESS
I1. COUNCIL ANNOUNCEMENTS
(Comments to be limited to three minutes per Council Member.) I2. INTERAGENCY UPDATES
(Update by the City Council to the community on the meetings that were attended. ) J. CITY ATTORNEY ITEMS
K. IDENTIFICATION OF ITEMS FOR NEXT MEETING
L. ADJOURNMENT

CERTIFICATION
I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least twentyfour (24) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California; 12505 Cultural Center Drive, Rancho Cucamonga, CA, 91739; and on the City's website.

LINDA A. TROYAN, MMC
CITY CLERK SERVICES DIRECTOR
If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 4772700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired.

CITY COUNCIL VISION STATEMENT
“Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive.”

Page 1 ends

Mayor
L. Dennis Michael
Mayor Pro Tem
Lynne B. Kennedy
Members of the City
Council:

REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.

CLOSED SESSION – 4:30 P.M.

REGULAR MEETING – 7:00 P.M.

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.

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.

D. CONSENT CALENDAR
D1. Consideration of Meeting Minutes for the Regular Meetings of November 17, 2021.

ORDINANCE NO. 991
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING CHAPTER

CITY COUNCIL VISION STATEMENT
“Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive.”

Page 2 ends

Mayor
L. Dennis Michael
Mayor Pro Tem
Lynne B. Kennedy
Members of the City
Council:

REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.

CLOSED SESSION – 4:30 P.M.

REGULAR MEETING – 7:00 P.M.

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.

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.

D. CONSENT CALENDAR
D1. Consideration of Meeting Minutes for the Regular Meetings of November 17, 2021.

ORDINANCE NO. 991
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING CHAPTER

CITY COUNCIL VISION STATEMENT
“Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive.”

Page 3 ends

Mayor
L. Dennis Michael
Mayor Pro Tem
Lynne B. Kennedy
Members of the City
Council:

REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.

CLOSED SESSION – 4:30 P.M.

REGULAR MEETING – 7:00 P.M.

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.

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.

D. CONSENT CALENDAR
D1. Consideration of Meeting Minutes for the Regular Meetings of November 17, 2021.

ORDINANCE NO. 991
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING CHAPTER

CITY COUNCIL VISION STATEMENT
“Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive.”

Page 4 ends

Mayor
L. Dennis Michael
Mayor Pro Tem
Lynne B. Kennedy
Members of the City
Council:

REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.

CLOSED SESSION – 4:30 P.M.

REGULAR MEETING – 7:00 P.M.

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.

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.

D. CONSENT CALENDAR
D1. Consideration of Meeting Minutes for the Regular Meetings of November 17, 2021.

ORDINANCE NO. 991
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING CHAPTER

CITY COUNCIL VISION STATEMENT
“Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive.”

Page 5 ends

Mayor
L. Dennis Michael
Mayor Pro Tem
Lynne B. Kennedy
Members of the City
Council:

REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.

CLOSED SESSION – 4:30 P.M.

REGULAR MEETING – 7:00 P.M.

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.

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.

D. CONSENT CALENDAR
D1. Consideration of Meeting Minutes for the Regular Meetings of November 17, 2021.

ORDINANCE NO. 991
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING CHAPTER

CITY COUNCIL VISION STATEMENT
“Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive.”

Page 6 ends

Mayor
L. Dennis Michael
Mayor Pro Tem
Lynne B. Kennedy
Members of the City
Council:

REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.

CLOSED SESSION – 4:30 P.M.

REGULAR MEETING – 7:00 P.M.

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.

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.

D. CONSENT CALENDAR
D1. Consideration of Meeting Minutes for the Regular Meetings of November 17, 2021.

ORDINANCE NO. 991
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING CHAPTER

CITY COUNCIL VISION STATEMENT
“Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive.”

Page 7 ends

Mayor
L. Dennis Michael
Mayor Pro Tem
Lynne B. Kennedy
Members of the City
Council:

REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.

CLOSED SESSION – 4:30 P.M.

REGULAR MEETING – 7:00 P.M.

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.

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.

D. CONSENT CALENDAR
D1. Consideration of Meeting Minutes for the Regular Meetings of November 17, 2021.

ORDINANCE NO. 991
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING CHAPTER

CITY COUNCIL VISION STATEMENT
“Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive.”

Page 8 ends

DATE:January 5, 2022
TO:Mayor and Members of the City Council
President and Members of the Boards of Directors
FROM:John R. Gillison, City Manager
INITIATED BY: Linda A. Troyan, MMC, City Clerk Services Director SUBJECT: AB 361 Findings for Special Brown Act Requirements for Teleconference Meetings. (CITY/FIRE)
RECOMMENDATION:

Staff recommends City Council/Board of Directors of the Fire Protection District make the following findings: (1) the City Council has reconsidered the circumstances of the COVID-19 state of emergency; and (2) the COVID-19 state of emergency continues to directly impact of the ability of the members of the City’s legislative bodies to meet safely in person.

BACKGROUND:

On March 4, 2020, Governor Newsom proclaimed a state of emergency to exist in California due to the spread of COVID-19. This proclamation is still in effect. The Governor subsequently issued numerous executive orders suspending or modifying state laws to facilitate the response to the emergency. Among other things, these executive orders superseded certain Brown Act requirements and established special rules to give local public agencies greater flexibility to conduct teleconference meetings. The special rules included provisions allowing local public agencies to conduct teleconference meetings without having to provide a physical location from which the public may attend or comment; without having to use teleconference locations that are publicly accessible; and without having to identify teleconference locations on the agenda. Those special rules expired on September 30, 2021.

On September 16, 2021, in anticipation of then-imminent expiration of his special rules for teleconference meetings, Governor Newsom signed AB 361. In key part, this bill amends the Brown Act to establish special requirements for teleconference meetings if a legislative body of a local public agency makes two findings pursuant to Government Code Section 54953(e)(3). Like the special rules in the Governor’s executive orders, the special Brown Act requirements in AB 361 include provisions allowing public agencies to conduct teleconference meetings without having to use teleconference locations that are publicly accessible; and without having to identify teleconference locations on the agenda. The AB 361 special Brown Act requirements are scheduled be repealed on January 1, 2024.

In order for a local public agency to be subject to the AB 361 special Brown Act requirements for teleconference meetings, a legislative body of a local public agency first must make a finding that it has “reconsidered” the circumstances of a declared state of emergency. Second, there must be a finding that such emergency continues to directly impact the ability of legislative body

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1 0
7 3
members to meet safely in person. Alternatively, for the second finding, there must be a finding that state or local officials continue to impose or recommend social distancing measures. These findings must be made within 30 days after the first teleconference under AB 361 and on a monthly basis thereafter.

ANALYSIS:

Due to the rapid spread of the Omicron variant of COVID-19 and potential exposure by city officials during the holidays, staff is recommending that the City Council make the necessary findings in order to authorize this meeting to be held as a teleconference meeting. Federal and state officials continue to recommend social distancing measures, including limiting in-door gatherings, in order to limit the spread of the highly transmissible Omicron variant of COVID-19.

The potential COVID-19 exposures giving rise to this item only came to light after the agenda for this meeting was posted. The modification to the agenda to accommodate teleconferencing cannot wait until the next meeting. Under AB 361, the public must also be given an opportunity to participate in the meeting via a teleconference option, and the amended agenda provides call-in information. However, the public will continue to be permitted to attend the meeting in person. It is unclear if future meetings will require teleconferencing.

FISCAL IMPACT:

There is no fiscal impact caused by this item. The City already has the necessary equipment to hold a teleconferenced meeting.

COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:

This item will allow Council Members and the public to safely participate in tonight’s City Council meeting.

ATTACHMENTS:

None.

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CITY OF RANCHO CUCAMONGA

FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY,

PUBLIC FINANCE AUTHORITY AND CITY COUNCIL REGULAR MEETINGS MINUTES The City Council of the City of Rancho Cucamonga held a closed session on Wednesday, November 17, 2021, in the Tri-Communities Conference Room at the Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 5:00 p.m.

Present were Council Members: Ryan Hutchison, Kristine Scott, Sam Spagnolo, Mayor Pro Tem Lynne Kennedy, and Mayor L. Dennis Michael.

Also present were: John Gillison, City Manager; Nick Ghirelli, Assistant City Attorney; Lori Sassoon, Deputy City Manager/Administrative Services; Elisa Cox, Deputy City Manager/Cultural & Civic Services and Matt Burris, Deputy City Manager/Economic and Community Development.

A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)
No public communications were made.

C. CITY MANAGER ANNOUNCEMENTS
None.

D. CONDUCT OF CLOSED SESSION
D1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) SOUTHWEST VOTER REGISTRATION EDUCATION PROJECT AND LOUISA OLLAGUE V. CITY OF RANCHO CUCAMONGA; SAN BERNARDINO SUPERIOR COURT CASE NO. CIVRS 1603632. (CITY)
D2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8685 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 22915128, FORMALLY 22915115; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT,

OVERLAND, PACIFIC AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND COLOMBERO FAMILY LIMITED PARTNERSHIP, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. (CITY)
D3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8717 AND 8733 ETIWANDA AVENUE AND 12928 AND 12934 WHITTRAM AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBERS 22916102, 22916103, 22916104, 22916105 AND 22916119;

NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND KELLY DEWITT, OVERLAND,

PACIFIC AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, AND COLOMBERO FAMILY LIMITED PARTNERSHIP, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. (CITY)
D4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8949 ETIWANDA AVENUE, FURTHER IDENTIFIED AS

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PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,

REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON, OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE.

NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. (CITY)
D5. THREAT TO PUBLIC SERVICES OF FACILITIES PURSUANT TO GOVERNMENT CODE SECTION 54957; CONSULTATION WITH DARRYL POLK, DIRECTOR OF INNOVATION AND TECHNOLOGY AND MICHELLE MUNSON, DEPUTY DIRECTOR OF INNOVATION AND TECHNOLOGY. (CITY/FIRE)
D6. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PER GOVERNMENT CODE SECTION 54957 (TITLE: CITY MANAGER)
E. RECESS
The closed session recessed at 6:50 p.m.

REGULAR MEETING – 7:00 p.m.

CALL TO ORDER – COUNCIL CHAMBERS
The regular meetings of the Rancho Cucamonga Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority, and the City of Rancho Cucamonga City Council were held on November 17, 2021, in the Council Chambers at City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California.

Mayor Michael called the meeting to order at 7:00 p.m.

Present were Council Members: Ryan Hutchison, Kristine Scott, Sam Spagnolo, Mayor Pro Tem Lynne Kennedy, and Mayor L. Dennis Michael.

Also present were: John Gillison, City Manager; Nick Ghirelli, Assistant City Attorney; and Linda A. Troyan, MMC, Director of City Clerk Services.

Mayor Pro Tem Kennedy led the Pledge of Allegiance.

A. AMENDMENTS TO THE AGENDA
None.

B. ANNOUNCEMENTS/PRESENTATIONS
B1. Presentation of a Certificate of Sympathy in Memory of Jacquelin “Jackie” Amsler, Former Library Board of Trustees Member.

Mayor Michael announced that at the conclusion of this City Council Meeting, we will have a moment of silence and adjourn the meeting in memory of Jacquelin “Jackie” Amsler, Former Library Board of Trustees Member. The City and City Council expressed their heartfelt condolences to the family of Jacquelin Amsler. Certificate of Sympathy will be mailed to the Amsler Family.

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November 17, 2021 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 3 of 8
B2. Presentation of a Certificate of Recognition to Rancho Pop Warner Football & Cheer Junior Varsity Panthers Cheerleading Division who recently won a bid to compete at Nationals Cheer and Dance Championships in Orlando Florida.

Mayor Michael and Members of the City Council presented Certificates of Recognition to Rancho Pop Warner Football & Cheer Junior Varsity Panthers Cheerleading Division and shared the team’s GoFundMe account, www.gofund.me/1de80a46 for community members to contribute for the team to compete at the Pop Warner National Cheer and Dance Championship in Orlando, Florida.

B3. Recognition of the 2021 Digital Cities Award Received by the City of Rancho Cucamonga and Recap of the 2021 Cyber Security Month Campaign.

Darryl Polk, Director of Innovation and Technology and Michelle Munson, Deputy Director of Innovation and Technology, shared recent cyber security efforts by the Department of Innovation and Technology and presented the 2021 Digital Cities Award Received by the City of Rancho Cucamonga.

B4. Presentation of Refurbished Bicycle Distribution Program.

Deborah Allen, Management Analyst I, City Manager’s Office shared a video showcasing the Refurbished Bicycle Distribution Program and thanked all partnering organizations for their efforts and success of the program.

C. PUBLIC COMMUNICATIONS
Heather Parsons, Community Partnerships and Advancement Manager at Chaffey College provided an update on Chaffey College programs and initiatives.

Janet Walton, wished the community a happy Thanksgiving and offered a prayer.

Bob Mitchell, USA Pickleball Ambassador for Redlands, California, spoke about pickleball, shared the sport’s health benefits for seniors and asked that the City consider growing the sport of pickleball in Rancho Cucamonga.

Kathy Pryor, USA Pickleball Ambassador for the City of Rancho Cucamonga, spoke about pickleball health benefits for seniors and asked that the City Council add more pickleball courts in the City to accommodate the growing number of residents interested in the sport of pickleball.

D. CONSENT CALENDAR
D1. Consideration of Meeting Minutes for the Regular Meetings of October 20, 2021 and November 3, 2021 and Special Meetings of October 18, 2021.

D2. Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of $1,746,274.36 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $2,737,457.48 Dated October 25, 2021 Through November 07, 2021 and City and Fire District Electronic Debit Registers for the Month of October in the Total Amount of $1,458,936.82. (CITY/FIRE)
D3. Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $13,795.20 Dated October 25, 2021 Through November 07, 2021. (CITY/FIRE)
D4. Consideration to Receive and File Current Investment Schedules as of October 31, 2021 for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE)

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D5. Consideration to Adopt Development Impact Fee Study Prepared by NBS Government Finance Group Dated December 16, 2020. (FIRE)
D6. Consideration to Authorize the Purchase of Banking Services from MUFG Union Bank, N.A. of Los Angeles, CA, the Most Responsive Bidder in Accordance with the Request for Quote (“RFQ”) #21/22-01 in the Amount of $267,210 for a Five-Year Term. (CITY) D7. Consideration of the Use of a County of San Bernardino Contract with Systems Source for the Civic Center COVID and ADA Improvement Project. (CITY)
D8. Consideration of the Purchase of Traffic Signal Cabinets, Controllers and Related Equipment from Econolite, in an Amount not to Exceed $165,000. (CITY)
D9. Consideration of the Purchase of Thirty-Five (35) Streetlight Poles and Seventeen (17) Aluminum Pole Arms from Ameron Pole Products, LLC in the amount of $76,150. (CITY) D10. Consideration of the Purchase of Fertilizer and Pesticides Supplies on an as Needed Basis from Nutrien Ag Solutions and Wilbur-Ellis Co. in an Amount Not to Exceed $125,000. (CITY)

D11. Consideration of a Contract with Yunex, LLC. for the Traffic Signal Battery Backup System Replacement in the Amount of $248,424 plus a Contingency in the Amount of $29,076. (CITY) D12. Consideration to Approve Parcel Map 20101, Improvement Agreement, Improvement Securities, and Resolutions Ordering the Annexation into Landscape Maintenance District No.1, and Street Lighting Maintenance Districts Nos.1 and 2, Located on the East Side of Vineyard Avenue, South of Azurite Avenue, Related to Case No. SUBTPM20101. (RESOLUTION NO. 2021-126), (RESOLUTION NO. 2021-127), AND (RESOLUTION NO. 2021-128) (CITY)
MOTION: Moved by Council Member Spagnolo, seconded by Council Member Hutchison, to approve Consent Calendar Items D1 through D12, with Council Member Scott abstaining on item D3, due to her employment with Southern California Gas Company. Motion carried, 5-0.

E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION E1. Consideration of Second Reading and Adoption of the Following:

Ordinance No. 988
An Ordinance of the City Of Rancho Cucamonga, Amending Title 17 of the Rancho Cucamonga Municipal Code to Permit Utility Companies to Store Materials and Equipment Associated with Utility Facilities and Infrastructure and to Correct Errors and Omissions in the Allowed Land Use Table and Industrial Development Standards Table and to Adopt an Uncodified Amendment to Ordinance No. 982 to Exempt Certain Buildings Currently Under Construction from the Amended Use Table, Making Findings in Support Thereof, and Making a Determination that the Ordinance is Exempt from the California Environmental Quality Act
MOTION: Moved by Council Member Scott, seconded Mayor Pro Tem Kennedy, to adopt Ordinance No. 988, by title only and waive full reading.

Linda Troyan, City Clerk Services Director read the title of Ordinance No. 988.

VOTES NOW CAST ON MOTION: Moved by Council Member Scott, seconded Mayor Pro Tem Kennedy, to adopt Ordinance No. 988, by title only and waive full reading. Motion carried 5-0.

F. ADMINISTRATIVE HEARING ITEM(S)

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F1. Consideration of First Reading of Ordinance No. 989, to be Read by Title Only and Waive Further Reading Adding Chapter 8.15 (Mandatory Organics Waste Disposal Reduction) To Title 8 Health and Safety of the Rancho Cucamonga Municipal Code, a Determination of Exemption Under CEQA. (ORDINANCE NO. 989) (CITY)
City Manager Gillison introduced Linda Ceballos, Environmental Programs Manager, who provided a PowerPoint presentation providing an overview of Mandatory Organics Waste Disposal Reduction and Senate Bill 1383 requirements. Ms. Ceballos noted correction to staff report: First bullet point under “Analysis” Section: The sentence currently reads: “Food waste generated by residents and businesses will be collected in the black or gray container.” Correction to read as follows: “Food waste generated by residents with three containers will be collected in the green container and food waste generated by commercial businesses and multifamily residents with a brown container will be collected in the brown container.” She concluded by recommending that the City Council consider first reading of Ordinance No. 989, to be read by title only and waive further reading, adding Chapter 8.15 to Title 8 Health and Safety of the Rancho Cucamonga Municipal Code, a Determination of Exemption under CEQA.

Council Member Hutchison clarified that the food waste collected from residents is not donated or distributed and informed that the purpose of the program is to divert the food waste from the landfill to create compost/ greenhouse gases.

Council discussion ensued regarding food waste collection, community outreach efforts, program costs, requirements for businesses, refrigeration needs and relabeling of trash containers with new instructions for Burrtec customers.

Assistant City Attorney Nick Ghirelli informed that upon adoption of Ordinance No. 989, there will be a two year rollout period to implement and educate the community on the program.

Mayor Michael opened the Administrative Hearing.

Darold Coover, spoke on the need for community outreach for the new organic waste disposal reduction program.

Mayor Michael closed the Administrative Hearing.

MOTION: Moved by Council Member Spagnolo, seconded by Council Member Hutchison, to Introduce First Reading of Ordinance No. 989, by title only and waive further readings.

Linda Troyan, City Clerk Services Director read the title of Ordinance No. 989.

VOTES NOW CAST ON MOTION: Moved by Council Member Spagnolo, seconded by Council Member Hutchison, to Introduce First Reading of Ordinance No. 989, by title only and waive further readings. Motion carried 5-0.

G. ADVERTISED PUBLIC HEARING ITEM(S) – CITY/FIRE DISTRICT G1. Consideration of First Reading of Ordinance No. 990, to be Read by Title Only and Waive Further Reading to Amend the Etiwanda Specific Plan Land Use Designation of a 6.96-Acre Site Located at 12774 Banyan Street from Estate Residential (ER) to Very Low (VL) Residential, Related to the Subdivision of the Property into 9 Residential Lots for Future Single-Family Development. Staff has Prepared an Initial Study/Mitigated Negative Declaration of Environmental Impacts for Consideration. (Specific Plan Amendment DRC2016-00730). APN: 0225-111-07. (ORDINANCE NO. 990) (CITY)

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City Manager Gillison introduced Anne McIntosh, Planning Director and Vincent Acuna, Associate Planner, who provided a PowerPoint presentation on Specific Plan Amendment DRC2016-00730 for a property on 12774 Banyan Street.

Mayor Michael recessed the meeting at 8:08 p.m. and reconvened the meeting at 8:30 p.m.

Associate Planer Acuna provided an overview including an environmental review and recommended that the City Council conduct first reading of Ordinance No. 990 which approves Specific Plan Amendment DRC2016-00730 and adopts the Mitigated Negative Declaration for the associated Tentative Tract Map, Tree Removal Permit, and Specific Plan Amendment.

Mayor Michael opened the Public Hearing.

There were no public communications.

Mayor Michael closed the Public Hearing.

MOTION: Moved by Council Member Spagnolo, seconded by Council Member Hutchison, to Introduce First Reading of Ordinance No. 990, by title only and waive further reading.

Linda Troyan, City Clerk Services Director read the title of Ordinance No. 990.

VOTES NOW CAST ON MOTION: Moved by Council Member Spagnolo, seconded by Council Member Hutchison, to Introduce First Reading of Ordinance No. 990, by title only and waive further reading. Motion carried 5-0.

G2. Continued Public Hearing for Consideration of General Plan Amendment DRC2018-00533 and Zoning Map Amendment DRC2018-00534 – Arbor Express Car Wash – A Request for General Plan and Zoning Map Amendments to Change the Land Use and Zoning Designation for One Project-Specific Parcel of Land (APN: 0208-291-03) from Low Medium (LM) Residential District to General Commercial (GC) District and for Two Non-Project Specific Adjacent Parcels of Land (0208-291-01 and 0208-291-02) From Low Medium (LM) Residential District to Medium (M) Residential District Related to a Proposed Car Wash Located Approximately 200 Feet East of Archibald Avenue on the North Side of Arrow Route. (RESOLUTION NO. 2021-045) (CITY) (Continued from June 2, 2021 and August 4, 2021 City Council Meeting)
City Manager Gillison introduced Anne McIntosh, Planning Director and Tabe Van Der Zwaag, Associate Planner, who provided a PowerPoint presentation providing an overview of a request to change the General Plan land use and zoning designation for one project specific and two non-project specific parcels of land. Planning Director McIntosh showcased existing and proposed General Plan and Zoning designations. She stated that staff cannot recommend the requested General Plan amendment and zoning map amendment to accommodate the development of a car wash due to the lack of consistency with the City’s current and future land use goals, the lack of a demonstrated need for the use, and the lack of a clear community benefit that would be achieved by the project as well as the impact on other, larger projects currently in process. She concluded by recommending that the City Council adopt Resolution No. 2021-045, denying General Plan Amendment DRC2018-00533 and Zoning Map Amendment DRC2018-00534.

Staff noted the receipt of four (4) emails, two (2) emails in support of Arbor Express Car Wash from David Reck and Baham Natanzi and two (2) emails in opposition to Arbor Express Car Wash from Tom Sakai and Arturo Garcia. Correspondence received was provided to the City Council.

Mayor Michael opened the Public Hearing.

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Applicant, Pete DeJager, Arbor Express Car Wash, displayed renderings of the proposed carwash project and spoke in support of the project and of its benefits for the community. He concluded by asking the City Council to uphold the Planning Commission’s recommendation to move the project forward and approve the proposed General Plan Amendment.

Michelle DeJager and Judy Matthews. Spoke in support of the proposed General Plan Amendment and the Arbor Express Car Wash project.

Four (4) public communications were made in opposition of item G2 by George Pajor, Sayyida Hasani, Nanette Hart and Alisa Zhang. Speakers shared their opposition for the proposed Arbor Express Car Wash project and spoke on safety concerns, business diversity and community needs, and stated that the car wash did not align with the existing neighborhood.

Council discussion ensued regarding the highest and best use of the project site, concentration of carwashes in the area, compatibility with the existing neighborhood, number of jobs projected, different uses for the project site to address community needs, lack of amenities in Southwest Rancho Cucamonga, General Plan Amendment thresholds, Healthy RC vision, fiscal impact, accountability and transparency.

Applicant, Pete DeJager, Arbor Express Car Wash, answered that a minimum of 20 full-time and part-time jobs would be created if the project was approved and that the project would not contribute to traffic concerns.

Council Member Hutchison spoke in support of the proposed General Plan Amendment and Arbor Express Car Wash project moving forward.

Mayor Michael spoke on the concentration of carwashes and encouraged the applicant to consider working with staff to find a different parcel for the Arbor Express Car Wash project.

Mayor Michael closed the Public Hearing.

MOTION: Moved by Council Member Scott, seconded by Council Member Spagnolo, to adopt Resolution No. 2021-045, denying General Plan Amendment DRC2018-00533 and Zoning Map Amendment DRC2018-00534.

Motion carried, 4-1; Council Member Hutchison opposed.

H. CITY MANAGERS STAFF REPORT(S)
H1. Consideration to Receive and File Quarterly Financial Update for the First Quarter of Fiscal Year 2021/22. (CITY/FIRE)
City Manager Gillison introduced Tamara Oatman, Finance Director, who provided a PowerPoint presentation on the Quarterly Financial Update for the First Quarter of Fiscal Year 2021/22.

H2. Consideration of a Professional Services Agreement with Toole Design Group, LLC for the Completion of the Healthy RC Active Transportation Infrastructure Assessment and Improvement Plan in the Amount of $349,882, Plus a 10% Contingency, and Authorization of Appropriations from the State Grant (Fund 274) and Citywide Capital Infrastructure (Fund 198) Funds. (CITY) City Manager Gillison introduced Justine Garcia, Deputy Director of Engineering Services, who provided a PowerPoint presentation on a Professional Services Agreement with Toole Design Group, LLC for the Completion of the Healthy RC Active Transportation Infrastructure Assessment and Improvement Plan.

MOTION: Moved by Mayor Pro Tem Kennedy, seconded by Council Member Scott, to approve a Professional Services Agreement with Toole Design Group, LLC for the Completion of the Healthy RC Active Transportation Infrastructure Assessment and Improvement Plan. Motion carried, 5-0.

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November 17, 2021 | Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga | Page 8 of 8
I. COUNCIL BUSINESS
I1. COUNCIL ANNOUNCEMENTS
Council Member Scott thanked Assemblymember James C. Ramos for hosting a Workforce Development Workshop event at the Northtown Community Center providing information and resources to the community.

I2.INTERAGENCY UPDATES
None.

J. CITY ATTORNEY ITEMS
None.

K. IDENTIFICATION OF ITEMS FOR NEXT MEETING
Mayor Michael and Members of the City Council wished everyone a Happy Thanksgiving.

L. ADJOURNMENT
Mayor Michael adjourned the meeting in Memory of Jacquelin Amsler at 9:49 p.m.

Respectfully submitted,
__________________________________
Linda A. Troyan, MMC
City Clerk Services Director
Approved:

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DATE:January 5, 2022
TO:Mayor and Members of the City Council
President and Members of the Boards of Directors
FROM:John R. Gillison, City Manager
INITIATED BY: Tamara L. Oatman, Finance Director
Veronica Lopez, Accounts Payable Supervisor
SUBJECT: Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of $1,902,322.32 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of $7,220,700.83 Dated December 06, 2021 Through December 16, 2021. (CITY/FIRE)
RECOMMENDATION:

Staff recommends City Council/Board of Directors of the Fire Protection District approve payment of demands as presented. Bi-weekly payroll is $1,034,322.32 and $868,613.20 for the City and the Fire District, respectively. Weekly check register amounts are $6,865,555.80 and $1,034,322.32 for the City and the Fire District, respectively.

BACKGROUND:

N/A

ANALYSIS:

N/A

FISCAL IMPACT:

Adequate budgeted funds are available for the payment of demands per the attached listing.

COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:

N/A

ATTACHMENTS:

Attachment 1 - Weekly Check Register

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Agenda Check Register

RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Excluding So Calif Gas Company.

AND

CITY OF RANCHO CUCAMONGA
12/6/2021 through 12/16/2021
Check No.

Check Date
Vendor Name
City Fire Amount
AP
00013478
12/08/2021
360 DEEP CLEANING LLC

0.00 6,802.50 6,802.50
AP
00013479
12/08/2021

ABSOLUTE SECURITY INTERNATIONAL INC
14,551.84 0.00 14,551.84
AP
00013480
12/08/2021

BEST BEST & KRIEGER LLP
598.50 0.00 598.50
AP
00013481
12/08/2021

BUREAU OF RECLAMATION
873.64 0.00 873.64
AP
00013482
12/08/2021

CALPINE ENERGY SERVICES LP
114,750.00 0.00 114,750.00
AP
00013483
12/08/2021
RE ASTORIA 2 LLC
117,043.03 0.00 117,043.03
AP
00013484
12/08/2021

SAN BERNARDINO CTY SHERIFFS DEPT
3,723,998.00 0.00 3,723,998.00
AP
00013485
12/08/2021

U S DEPARTMENT OF ENERGY
8,526.59 0.00 8,526.59
AP
00013486
12/09/2021

AIRGAS USA LLC
101.26 0.00 101.26
AP
00013487
12/09/2021

BRODART BOOKS CO
2,452.22 0.00 2,452.22
AP
00013488
12/09/2021

CARQUEST AUTO PARTS
969.52 0.00 969.52
AP
00013489
12/09/2021

DUNN EDWARDS CORPORATION
395.24 0.00 395.24
AP
00013490
12/09/2021

EMCOR SERVICES
12,581.96 0.00 12,581.96
AP
00013491
12/09/2021

HOLLIDAY ROCK CO INC
3,168.94 0.00 3,168.94
AP
00013492
12/09/2021

HOSE MAN INC
2,489.70 0.00 2,489.70
AP
00013493
12/09/2021

MCFADDEN DALE HARDWARE
865.79 0.00 865.79
AP
00013494
12/09/2021

MINUTEMAN PRESS
130.52 0.00 130.52
***
AP
00013495
12/09/2021

OFFICE DEPOT
5,308.36 12.94 5,321.30
AP
00013496
12/09/2021

PSA PRINT GROUP

49.57 0.00 49.57
AP
00013497
12/09/2021

SITEONE LANDSCAPE SUPPLY LLC
752.35 0.00 752.35
AP
00013498
12/09/2021

SUNRISE FORD
128.76 0.00 128.76
AP
00013499
12/09/2021

THOMPSON PLUMBING SUPPLY INC
463.65 0.00 463.65
AP
00013500
12/15/2021

ABSOLUTE SECURITY INTERNATIONAL INC
3,431.40 0.00 3,431.40
***
AP
00013501
12/15/2021

AMG & ASSOCIATES INC
8,312.50 223,493.99 231,806.49
AP
00013502
12/15/2021

CALIF GOVERNMENT VEBA / RANCHO CUCAMONGA
78,145.58 0.00 78,145.58
AP
00013503
12/15/2021

ELECNOR BELCO ELECTRIC INC
133,553.79 0.00 133,553.79
AP
00013504
12/15/2021

HAMPTON YOGA

42.00 0.00 42.00
AP
00013505
12/15/2021

MOFFATT & NICHOL
515.54 0.00 515.54
AP
00013506
12/15/2021
RCCEA
1,523.50 0.00 1,523.50
AP
00013507
12/15/2021
RCPFA
14,268.77 0.00 14,268.77
AP
00013508
12/15/2021
RE ASTORIA 2 LLC
70,798.79 0.00 70,798.79
***
AP
00013509
12/15/2021

RICHARDS WATSON AND GERSHON
160,431.77 1,852.80 162,284.57
AP
00013510
12/15/2021

SAN BERNARDINO COUNTY
120.00 0.00 120.00
AP
00013511
12/15/2021

SHELL ENERGY NORTH AMERICA
239,476.95 0.00 239,476.95
AP
00421632
12/07/2021

SABOR A MI FOODS INC
20,000.00 0.00 20,000.00
AP
00421633
12/08/2021

ABDELAAL, AMGAD

73.91 0.00 73.91
AP
00421634
12/08/2021

ALLSTAR FIRE EQUIPMENT INC

0.00 320.02 320.02
AP
00421635
12/08/2021

ALPHAGRAPHICS
1,435.23 0.00 1,435.23
AP
00421636
12/08/2021

AMS PLANNING & RESEARCH CORP
1,000.00 0.00 1,000.00
AP
00421637
12/08/2021

AMTECH ELEVATOR SERVICES
2,765.60 0.00 2,765.60
AP
00421638
12/08/2021

AUFBAU CORPORATION
36,570.00 0.00 36,570.00
AP
00421639
12/08/2021

AUTOLIFT SERVICES INC

0.00 4,301.16 4,301.16
AP
00421640
12/08/2021

BAUER COMPRESSORS

0.00 7,427.00 7,427.00
AP
00421641
12/08/2021

BRAUN BLAISING SMITH WYNNE
510.51 0.00 510.51
AP
00421642
12/08/2021

BRIGHTVIEW LANDSCAPE SERVICES INC
1,840.38 0.00 1,840.38
AP
00421643
12/08/2021

C V W D
216.75 0.00 216.75
AP
00421644
12/08/2021

C V W D
133.33 0.00 133.33
07:02:31
12/16/2021
Current Date:

VLOPEZ - Veronica Lopez
Page:
1 Time:

CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User:

Report:

Page 20 ends

Agenda Check Register

RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Excluding So Calif Gas Company.

AND

CITY OF RANCHO CUCAMONGA
12/6/2021 through 12/16/2021
Check No.

Check Date
Vendor Name
City Fire Amount
AP
00421645
12/08/2021

C V W D

0.00 924.37 924.37
***
AP
00421651
12/08/2021

C V W D
55,823.54 27.60 55,851.14
AP
00421652
12/08/2021

CAMBRIDGE SEVEN ASSOCIATES INC
38,551.09 0.00 38,551.09
AP
00421653
12/08/2021

CAMERON-DANIEL PC
4,483.50 0.00 4,483.50
AP
00421654
12/08/2021

CANO-SOZA, ANNETTE
113.00 0.00 113.00
AP
00421655
12/08/2021

CAO, SIYUAN

92.62 0.00 92.62
AP
00421656
12/08/2021

CCS ORANGE COUNTY JANITORIAL INC
10,459.29 0.00 10,459.29
AP
00421657
12/08/2021

CHAMPION AWARDS & SPECIALTIES

43.10 0.00 43.10
AP
00421658
12/08/2021

CHAMPION FIRE SYSTEMS INC
609.55 0.00 609.55
***
AP
00421659
12/08/2021

CHARTER COMMUNICATIONS
4,604.03 6,437.42 11,041.45
***
AP
00421660
12/08/2021
CINTAS CORPORATION #150
1,772.70 720.84 2,493.54
AP
00421661
12/08/2021

CITY RENTALS
155.00 0.00 155.00
AP
00421662
12/08/2021

CLERK OF THE BOARD OF SUPERVISORS
3,495.25 0.00 3,495.25
AP
00421663
12/08/2021
CMRTA
150.00 0.00 150.00
AP
00421664
12/08/2021

CONCRETE WORLD
200.00 0.00 200.00
AP
00421665
12/08/2021
CORPORATETRAININGMATERIALS.COM
3,493.00 0.00 3,493.00
AP
00421666
12/08/2021

COSTAR REALTY INFORMATION INC
2,909.28 0.00 2,909.28
AP
00421667
12/08/2021

COUNTRY ESTATE FENCE CO INC
2,393.97 0.00 2,393.97
AP
00421668
12/08/2021
CPRS
165.00 0.00 165.00
AP
00421669
12/08/2021

CUMMINS SALES & SERVICE
928.92 0.00 928.92
AP
00421670
12/08/2021

D & K CONCRETE COMPANY
4,340.73 0.00 4,340.73
AP
00421671
12/08/2021

DAISYECO INC
481.07 0.00 481.07
***
AP
00421672
12/08/2021

DATA TICKET INC
10,981.62 1,190.00 12,171.62
***
AP
00421673
12/08/2021

DAVID S MASON INC
7,000.00 17,750.00 24,750.00
AP
00421674
12/08/2021

DELL MARKETING LP
9,954.08 0.00 9,954.08
AP
00421675
12/08/2021

DELTA DENTAL OF CALIFORNIA
1,143.24 0.00 1,143.24
AP
00421676
12/08/2021

DIRECTV
179.99 0.00 179.99
AP
00421677
12/08/2021

DOG WASTE DEPOT
2,802.65 0.00 2,802.65
AP
00421678
12/08/2021

DOUG MARTIN CONTRACTING CO INC
121,121.20 0.00 121,121.20
AP
00421679
12/08/2021

EAGLE ROAD SERVICE & TIRE
753.01 0.00 753.01
AP
00421680
12/08/2021

EXECUTIVE DETAIL SERVICES

0.00 560.00 560.00
AP
00421681
12/08/2021

EXPRESS BRAKE SUPPLY INC
319.04 0.00 319.04
AP
00421682
12/08/2021

FEDERAL EXPRESS CORP
234.60 0.00 234.60
AP
00421683
12/08/2021

FUEL SERV
409.54 0.00 409.54
AP
00421684
12/08/2021

G/M BUSINESS INTERIORS
219.29 0.00 219.29
AP
00421685
12/08/2021

GENTRY BROTHERS INC
200,818.32 0.00 200,818.32
AP
00421686
12/08/2021

GHASSABIAN, VICTORIA
200.00 0.00 200.00
AP
00421687
12/08/2021

GOLDEN GATE CONSTRUCTION INC
91,400.81 0.00 91,400.81
***
AP
00421688
12/08/2021

GRAINGER
667.52 54.40 721.92
AP
00421689
12/08/2021

HAAKER EQUIPMENT COMPANY
469.15 0.00 469.15
AP
00421690
12/08/2021

HOYT LUMBER CO, S M

0.00 5.81 5.81
AP
00421691
12/08/2021

IDEXX DISTRIBUTION INC
1,602.85 0.00 1,602.85
AP
00421692
12/08/2021

INLAND DESERT SECURITY & COMMUNICATIONS INC
114.10 0.00 114.10
AP
00421693
12/08/2021

K-K WOODWORKING

32.29 0.00 32.29
AP
00421694
12/08/2021

KASOJI, SRINIVAS

41.21 0.00 41.21
AP
00421695
12/08/2021

KOSMONT COMPANIES
1,935.00 0.00 1,935.00
AP
00421696
12/08/2021

LEWIS, SHARON

20.00 0.00 20.00
07:02:31
12/16/2021
Current Date:

VLOPEZ - Veronica Lopez
Page:
2 Time:

CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User:

Report:

Page 21 ends

Agenda Check Register

RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Excluding So Calif Gas Company.

AND

CITY OF RANCHO CUCAMONGA
12/6/2021 through 12/16/2021
Check No.

Check Date
Vendor Name
City Fire Amount
AP
00421697
12/08/2021

LITTLE BEAR PRODUCTIONS
100.00 0.00 100.00
AP
00421698
12/08/2021

MAGELLAN ADVISORS LLC
6,000.00 0.00 6,000.00
AP
00421699
12/08/2021

MARIPOSA LANDSCAPES INC
1,416.13 0.00 1,416.13
AP
00421700
12/08/2021
MCI

35.80 0.00 35.80
***
AP
00421701
12/08/2021

MCMASTER-CARR SUPPLY COMPANY
366.47 15.16 381.63
AP
00421702
12/08/2021

MEDIWASTE DISPOSAL

40.00 0.00 40.00
AP
00421703
12/08/2021

MIDWEST TAPE
3,095.46 0.00 3,095.46
AP
00421704
12/08/2021

NAPA AUTO PARTS
527.58 0.00 527.58
AP
00421705
12/08/2021
NBS
10,700.00 0.00 10,700.00
AP
00421706
12/08/2021

NEIUBER, ROBERT
1,239.48 0.00 1,239.48
AP
00421707
12/08/2021

NEWCO DISTRIBUTORS INC
863.62 0.00 863.62
AP
00421708
12/08/2021

NEXTECH SYSTEMS INC
11,819.88 0.00 11,819.88
AP
00421709
12/08/2021
NV5 INC
23,073.74 0.00 23,073.74
AP
00421710
12/08/2021

ONTARIO SPAY AND NEUTER INC
550.00 0.00 550.00
AP
00421711
12/08/2021

ONTARIO SPAY AND NEUTER INC
780.00 0.00 780.00
AP
00421712
12/08/2021

PARKHOUSE TIRE INC
511.46 0.00 511.46
AP
00421713
12/08/2021
PHAN, XANDER T.
221.12 0.00 221.12
AP
00421714
12/08/2021
PORAC
184.00 0.00 184.00
AP
00421715
12/08/2021

POWER & TELEPHONE SUPPLY COMPANY
2,418.80 0.00 2,418.80
AP
00421716
12/08/2021

PRISTINE UNIFORMS LLC

0.00 68.96 68.96
AP
00421717
12/08/2021

QUADIENT INC
713.03 0.00 713.03
AP
00421718
12/08/2021

SAFE-ENTRY TECHNICAL INC

0.00 501.94 501.94
AP
00421719
12/08/2021

SAN ANTONIO REGIONAL HOSPITAL

0.00 80.00 80.00
AP
00421720
12/08/2021

SAN BERNARDINO COUNTY

0.00 12,181.12 12,181.12
AP
00421721
12/08/2021

SAN BERNARDINO COUNTY

30.41 0.00 30.41
AP
00421722
12/08/2021

SAN BERNARDINO CTY FIRE PROTECTION DIST
455.00 0.00 455.00
AP
00421723
12/08/2021

SANS INSTITUTE
10,665.00 0.00 10,665.00
AP
00421724
12/08/2021

SASSOON, LORI
1,742.32 0.00 1,742.32
AP
00421725
12/08/2021

SBSD EVOC TRAINING CENTER

0.00 2,860.00 2,860.00
AP
00421726
12/08/2021
SC RANCHO DEVELOPMENT CORP.
4,053.60 0.00 4,053.60
***
AP
00421727
12/08/2021

SHEAKLEY PENSION ADMINISTRATION
459.65 178.15 637.80
AP
00421728
12/08/2021

SHRED PROS
113.00 0.00 113.00
AP
00421729
12/08/2021

SIEMENS MOBILITY INC
949.00 0.00 949.00
AP
00421730
12/08/2021

SIERRA, YANETHE
103.00 0.00 103.00
AP
00421733
12/08/2021

SOCAL PPE

0.00 1,558.25 1,558.25
***
AP
00421738
12/08/2021

SOUTHERN CALIFORNIA EDISON
27,285.99 1,243.17 28,529.16
AP
00421744
12/08/2021

TIREHUB LLC
1,515.23 0.00 1,515.23
AP
00421745
12/08/2021
U.S. BANK PARS ACCT #6746022500
1,124.60 0.00 1,124.60
AP
00421746
12/08/2021
U.S. BANK PARS ACCT #6746022500
13,641.40 0.00 13,641.40
AP
00421747
12/08/2021
U.S. BANK PARS ACCT #6745033700
6,605.00 0.00 6,605.00
AP
00421748
12/08/2021

UNITED SITE SERVICES OF CA INC
301.45 0.00 301.45
AP
00421749
12/08/2021

UNIVERSAL FLEET SUPPLY

0.00 58.15 58.15
AP
00421750
12/08/2021
UPS

33.00 0.00 33.00
AP
00421751
12/08/2021

UPSCO POWERSAFE SYSTEMS INC
8,640.00 0.00 8,640.00
AP
00421752
12/08/2021

VICTOR MEDICAL COMPANY
2,232.07 0.00 2,232.07
AP
00421753
12/08/2021

VISION COMMUNICATIONS CO
1,249.38 0.00 1,249.38
AP
00421754
12/08/2021

VORTEX INDUSTRIES INC
615.00 0.00 615.00
07:02:31
12/16/2021
Current Date:

VLOPEZ - Veronica Lopez
Page:
3 Time:

CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User:

Report:

Page 22 ends

Agenda Check Register

RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Excluding So Calif Gas Company.

AND

CITY OF RANCHO CUCAMONGA
12/6/2021 through 12/16/2021
Check No.

Check Date
Vendor Name
City Fire Amount
AP
00421755
12/08/2021

WALTERS WHOLESALE ELECTRIC CO

30.76 0.00 30.76
AP
00421756
12/08/2021

WAXIE SANITARY SUPPLY
3,576.33 0.00 3,576.33
***
AP
00421757
12/09/2021

SOUTHERN CALIFORNIA EDISON
634.75 1,481.10 2,115.85
AP
00421758
12/09/2021

STANDARD INSURANCE COMPANY
12,082.65 0.00 12,082.65
AP
00421759
12/09/2021

STANDARD INSURANCE COMPANY
3,365.31 0.00 3,365.31
AP
00421760
12/09/2021

SUN BADGE CO

0.00 116.33 116.33
AP
00421761
12/09/2021

TIANA SANCHEZ INTERNATIONAL LLC
10,400.00 0.00 10,400.00
AP
00421762
12/15/2021

ACCELA INC
10,500.00 0.00 10,500.00
AP
00421763
12/15/2021

AFLAC GROUP INSURANCE

24.58 0.00 24.58
AP
00421764
12/15/2021

ALL WELDING
652.50 0.00 652.50
AP
00421765
12/15/2021

ALLSTAR FIRE EQUIPMENT INC

0.00 3,041.20 3,041.20
AP
00421766
12/15/2021

ALPHAGRAPHICS
339.41 0.00 339.41
AP
00421767
12/15/2021

AMTECH ELEVATOR SERVICES
2,209.00 0.00 2,209.00
AP
00421768
12/15/2021

AQUABIO ENVIRONMENTAL TECHNOLOGIES INC
1,450.00 0.00 1,450.00
***
AP
00421769
12/15/2021

AYANTRA INC
2,304.00 1,728.00 4,032.00
AP
00421770
12/15/2021

BEHAVIORAL ANALYSIS TRAINING INC
575.00 0.00 575.00
AP
00421771
12/15/2021

BEST OUTDOOR POWER INLAND LLC

56.01 0.00 56.01
AP
00421772
12/15/2021

BISHOP COMPANY

51.71 0.00 51.71
AP
00421773
12/15/2021

BRIDGEALL LIBRARIES LIMITED
16,640.00 0.00 16,640.00
AP
00421774
12/15/2021

BRIDGES BEAUTY COLLEGE
129.60 0.00 129.60
AP
00421775
12/15/2021

BRIGHTVIEW LANDSCAPE SERVICES INC
45,993.27 0.00 45,993.27
AP
00421776
12/15/2021

CAGLE'S APPLIANCE CENTER

0.00 50.10 50.10
AP
00421777
12/15/2021

CAL-OSHA REPORTER
427.00 0.00 427.00
***
AP
00421778
12/15/2021

CALAMP WIRELESS NETWORKS CORP
53,362.12 9,950.00 63,312.12
AP
00421779
12/15/2021

CALIFORNIA, STATE OF
248.42 0.00 248.42
AP
00421780
12/15/2021

CALIFORNIA, STATE OF

32.26 0.00 32.26
AP
00421781
12/15/2021

CALIFORNIA, STATE OF
342.73 0.00 342.73
AP
00421782
12/15/2021

CCS ORANGE COUNTY JANITORIAL INC
53,314.21 0.00 53,314.21
AP
00421783
12/15/2021

CHAMPION FIRE SYSTEMS INC
789.28 0.00 789.28
AP
00421784
12/15/2021

CIRCLEPOINT
3,169.76 0.00 3,169.76
***
AP
00421785
12/15/2021

CITIZENS BUSINESS BANK
437.50 11,762.84 12,200.34
AP
00421786
12/15/2021

CIVIC SOLUTIONS INC
11,625.00 0.00 11,625.00
AP
00421787
12/15/2021

CLEAR BLUE LIFE & SAFETY LLC
2,267.25 0.00 2,267.25
AP
00421788
12/15/2021

CORODATA MEDIA STORAGE INC

63.75 0.00 63.75
AP
00421789
12/15/2021

D & K CONCRETE COMPANY
1,325.33 0.00 1,325.33
AP
00421790
12/15/2021

DAVIDSON, BETH

52.00 0.00 52.00
AP
00421791
12/15/2021

DAVIS FAMILY CHILD CARE

56.37 0.00 56.37
AP
00421792
12/15/2021

DELTA DENTAL OF CALIFORNIA
41,951.83 0.00 41,951.83
AP
00421793
12/15/2021

DEPARTMENT OF JUSTICE
305.00 0.00 305.00
AP
00421794
12/15/2021

DEPARTMENT OF TRANSPORTATION, CALIF
9,802.86 0.00 9,802.86
AP
00421795
12/15/2021

DH BACKFLOW
107.89 0.00 107.89
AP
00421796
12/15/2021

DIG SAFE BOARD
135.40 0.00 135.40
AP
00421797
12/15/2021

DUKE-SEXTON, SHEILA
171.69 0.00 171.69
AP
00421798
12/15/2021

E GROUP, THE
450.00 0.00 450.00
AP
00421799
12/15/2021

EIGHTH AVENUE ENTERPRISE LLC

71.12 0.00 71.12
AP
00421800
12/15/2021

ENRIQUEZ, ARMAND M
5,000.00 0.00 5,000.00
AP
00421801
12/15/2021

EXECUTIVE DETAIL SERVICES

0.00 280.00 280.00
07:02:31
12/16/2021
Current Date:

VLOPEZ - Veronica Lopez
Page:
4 Time:

CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout User:

Report:

Page 23 ends

Agenda Check Register

RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Excluding So Calif Gas Company.

AND

CITY OF RANCHO CUCAMONGA
12/6/2021 through 12/16/2021
Check No.

Check Date
Vendor Name
City Fire Amount
AP
00421802
12/15/2021

EXPERIAN

52.00 0.00 52.00
AP
00421803
12/15/2021

FACTORY MOTOR PARTS

0.00 1,731.50 1,731.50
AP
00421804
12/15/2021

FEDERAL EXPRESS CORP
202.42 0.00 202.42
AP
00421805
12/15/2021

FITNESS REPAIR SHOP

0.00 304.50 304.50
AP
00421806
12/15/2021

FLEETPRIDE

0.00 558.09 558.09
***
AP
00421808
12/15/2021

FRONTIER COMM
5,818.01 2,739.57 8,557.58
AP
00421809
12/15/2021

FUEL SERV
895.04 0.00 895.04
AP
00421810
12/15/2021

G & A INVESTMENT GROUP LLC
292.50 0.00 292.50
***
AP
00421811
12/15/2021

GRAINGER
1,374.75 160.39 1,535.14
AP
00421812
12/15/2021

HAMILTON, MONIQUE

84.00 0.00 84.00
AP
00421813
12/15/2021

HI-LINE ELECTRIC COMPANY
329.72 0.00 329.72
AP
00421814
12/15/2021

HIVELY, CHRISTOPH
673.36 0.00 673.36
AP
00421815
12/15/2021

HLP INC
154.35 0.00 154.35
AP
00421816
12/15/2021

HOME DEPOT CREDIT SERVICES

59.28 0.00 59.28
AP
00421817
12/15/2021

INLAND EMPIRE PROPERTY SERVICES INC

0.00 10,921.00 10,921.00
AP
00421818
12/15/2021

INLAND PRESORT & MAILING SERVICES
227.32 0.00 227.32
AP
00421819
12/15/2021

INTERSTATE ALL BATTERY CENTER
909.90 0.00 909.90
AP
00421820
12/15/2021

ITRON INC
8,044.80 0.00 8,044.80
AP
00421821
12/15/2021

JOHNNY ALLEN TENNIS ACADEMY
1,523.00 0.00 1,523.00
AP
00421822
12/15/2021

KLEIN PRODUCTS
254.98 0.00 254.98
AP
00421823
12/15/2021

LANDSCAPE WEST MANAGEMENT SERVICES INC
179,708.06 0.00 179,708.06
AP
00421824
12/15/2021

LEAL, MICHAEL

0.00 320.00 320.00
AP
00421825
12/15/2021

LI, YING

52.14 0.00 52.14
***
AP
00421826
12/15/2021

LIEBERT CASSIDY WHITMORE
4,434.50 520.50 4,955.00
AP
00421827
12/15/2021

LIFE-ASSIST INC

0.00 168.09 168.09
***
AP
00421830
12/15/2021

LOWES COMPANIES INC
9,587.29 1,341.76 10,929.05
AP
00421831
12/15/2021

MAGELLAN ADVISORS LLC
5,250.00 0.00 5,250.00
AP
00421832
12/15/2021

MAIN STREET SIGNS
1,416.60 0.00 1,416.60
***
AP
00421834
12/15/2021

MARIPOSA LANDSCAPES INC
338,598.85 2,679.98 341,278.83
AP
00421835
12/15/2021

MARLINK INC

0.00 162.00 162.00
AP
00421836
12/15/2021

MIJAC ALARM COMPANY
108.00 0.00 108.00
AP
00421837
12/15/2021

MONTGOMERY HARDWARE CO

0.00 527.22 527.22
AP
00421838
12/15/2021

MYERS TIRE SUPPLY COMPANY
163.73 0.00 163.73
***
AP
00421839
12/15/2021

NAPA AUTO PARTS
323.56 264.88 588.44
AP
00421840
12/15/2021

NATIONAL UTILITY LOCATORS LLC
3,240.00 0.00 3,240.00
AP
00421841
12/15/2021

NEWTON, CAMERON
208.60 0.00 208.60
AP
00421842
12/15/2021

OCCUPATIONAL HEALTH CTRS OF CA
263.50 0.00 263.50
AP
00421843
12/15/2021

OLSON, BUZZ

0.00 320.00 320.00
AP
00421844
12/15/2021
ONTRAC

68.27 0.00 68.27
AP
00421845
12/15/2021

OPTION ONE SOLAR
726.00 0.00 726.00
AP
00421846
12/15/2021

PACIFIC MH CONSTRUCTION INC
5,345.00 0.00 5,345.00
AP
00421847
12/15/2021

PINNACLE PETROLEUM INC
67,522.20 0.00 67,522.20
AP
00421848
12/15/2021

PORAC LEGAL DEFENSE FUND
252.00 0.00 252.00
AP
00421849
12/15/2021

POSTAL PERFECT

75.00 0.00 75.00
AP
00421850
12/15/2021

PRE-PAID LEGAL SERVICES INC

60.17 0.00 60.17
AP
00421851
12/15/2021

PRISTINE UNIFORMS LLC

0.00 963.78 963.78
AP
00421852
12/15/2021

PRO SPRAY EQUIPMENT
749.49 0.00 749.49
07:02:31
12/16/2021
Current Date:

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Agenda Check Register

RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Excluding So Calif Gas Company.

AND

CITY OF RANCHO CUCAMONGA
12/6/2021 through 12/16/2021
Check No.

Check Date
Vendor Name
City Fire Amount
AP
00421853
12/15/2021

QUINN, RHONDA
216.00 0.00 216.00
AP
00421854
12/15/2021

RANCHO SMOG CENTER

44.95 0.00 44.95
AP
00421855
12/15/2021

RBM LOCK AND KEY SERVICE
206.38 0.00 206.38
AP
00421856
12/15/2021

RESIDENTIAL MORTGAGE SOLUTION LLC
37,004.00 0.00 37,004.00
AP
00421857
12/15/2021

RIGHT OF WAY INC
944.69 0.00 944.69
AP
00421858
12/15/2021

SAM'S CLUB/SYNCHRONY BANK

31.87 0.00 31.87
AP
00421859
12/15/2021

SAN BERNARDINO CO AUDITOR CONT
8,414.00 0.00 8,414.00
AP
00421860
12/15/2021

SAN BERNARDINO COUNTY
15,443.92 0.00 15,443.92
AP
00421861
12/15/2021

SAN BERNARDINO CTY FIRE PROTECTION DIST

0.00 909.00 909.00
AP
00421862
12/15/2021
SBPEA
2,289.23 0.00 2,289.23
AP
00421863
12/15/2021

SEGAAR, AARON

0.00 320.00 320.00
AP
00421864
12/15/2021

SHERIFFS COURT SERVICES
100.00 0.00 100.00
***
AP
00421865
12/15/2021

SHRED PROS

58.00 63.00 121.00
AP
00421866
12/15/2021

SIDEPATH INC
4,000.00 0.00 4,000.00
AP
00421867
12/15/2021

SIEMENS MOBILITY INC
52,158.50 0.00 52,158.50
AP
00421868
12/15/2021

SINNETT CONSULTING SERVICES INC
175.00 0.00 175.00
AP
00421869
12/15/2021

SMITTY'S DIESEL
1,156.65 0.00 1,156.65
***
AP
00421870
12/15/2021

SOCAL OFFICE TECHNOLOGIES
3,047.60 603.36 3,650.96
AP
00421871
12/15/2021

SOCIAL VOCATIONAL SERVICES
2,709.00 0.00 2,709.00
AP
00421872
12/15/2021

SONSRAY MACHINERY LLC
3,842.83 0.00 3,842.83
***
AP
00421877
12/15/2021

SOUTHERN CALIFORNIA EDISON
112,438.76 1,241.22 113,679.98
AP
00421878
12/15/2021

SOUTHERN CALIFORNIA EDISON

0.00 1,348.47 1,348.47
AP
00421879
12/15/2021

SOUTHERN CALIFORNIA EDISON
506.43 0.00 506.43
AP
00421880
12/15/2021

STABILIZER SOLUTIONS INC
1,590.00 0.00 1,590.00
***
AP
00421881
12/15/2021

STANLEY PEST CONTROL
2,310.00 810.00 3,120.00
AP
00421882
12/15/2021

STOTZ EQUIPMENT
1,349.87 0.00 1,349.87
AP
00421883
12/15/2021

STOVER SEED COMPANY
10,990.50 0.00 10,990.50
AP
00421884
12/15/2021

STRATEGIC ECONOMICS INC
9,145.00 0.00 9,145.00
AP
00421885
12/15/2021

SYCAMORE VILLA MOBILE HOME PARK
400.00 0.00 400.00
AP
00421886
12/15/2021

THE COUNSELING TEAM INTERNATIONAL

0.00 900.00 900.00
AP
00421887
12/15/2021

TIREHUB LLC
646.44 0.00 646.44
AP
00421888
12/15/2021

TORO TOWING
700.00 0.00 700.00
AP
00421889
12/15/2021

TOXGUARD FLUID TECHNOLOGIES INC
260.85 0.00 260.85
AP
00421890
12/15/2021

TRIDEN GROUP CORP
6,720.00 0.00 6,720.00
AP
00421891
12/15/2021
ULINE
121.79 0.00 121.79
AP
00421892
12/15/2021

UNDERGROUND SVC ALERT OF SO CAL

66.22 0.00 66.22
AP
00421893
12/15/2021

UNITED WAY

45.00 0.00 45.00
AP
00421894
12/15/2021

UNIVERSAL FLEET SUPPLY

0.00 1,085.10 1,085.10
AP
00421895
12/15/2021
UPS

33.00 0.00 33.00
AP
00421896
12/15/2021

VELOCITY TRUCK CENTERS

0.00 1,905.28 1,905.28
AP
00421897
12/15/2021

VERIZON WIRELESS - LA
305.60 0.00 305.60
AP
00421898
12/15/2021

VERIZON WIRELESS - LA
6,353.60 0.00 6,353.60
AP
00421899
12/15/2021

VERIZON WIRELESS - LA
6,282.32 0.00 6,282.32
AP
00421900
12/15/2021

VICTOR MEDICAL COMPANY
3,060.64 0.00 3,060.64
AP
00421901
12/15/2021

VIRTUAL PROJECT MANAGER LLC
500.00 0.00 500.00
***
AP
00421902
12/15/2021

WALTERS WHOLESALE ELECTRIC CO
1,666.64 362.90 2,029.54
***
AP
00421903
12/15/2021

WAXIE SANITARY SUPPLY
2,963.09 1,229.62 4,192.71
07:02:31
12/16/2021
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Agenda Check Register

RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Excluding So Calif Gas Company.

AND

CITY OF RANCHO CUCAMONGA
12/6/2021 through 12/16/2021
Check No.

Check Date
Vendor Name
City Fire Amount
AP
00421904
12/15/2021

WEST COAST ARBORISTS INC
109,915.35 0.00 109,915.35
AP
00421905
12/15/2021

WESTERN STATES TRANSMISSIONS

0.00 913.50 913.50
AP
00421906
12/15/2021

WILSON & BELL AUTO SERVICE
249.48 0.00 249.48
AP
00421907
12/15/2021

YAZDANBAKHSH, ANDREW

0.00 735.00 735.00
$6,865,555.80
$7,220,700.83
$355,145.03
Note:

Grand Total:

Total Fire:

Total City:
*** Check Number includes both City and Fire District expenditures 07:02:31
12/16/2021
Current Date:

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DATE:January 5, 2022
TO:Mayor and Members of the City Council
President and Members of the Boards of Directors
FROM:John R. Gillison, City Manager
INITIATED BY: Tamara L. Oatman, Finance Director
Veronica Lopez, Accounts Payable Supervisor
SUBJECT: Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $14,238.90 Dated December 06, 2021 Through December 16, 2021. (CITY/FIRE)
RECOMMENDATION:

Staff recommends City Council/Board of Directors of the Fire Protection District approve payment of demands as presented. Weekly check register amounts are $13,060.53 and $1,178.37 for the City and the Fire District, respectively.

BACKGROUND:

N/A

ANALYSIS:

N/A

FISCAL IMPACT:

Adequate budgeted funds are available for the payment of demands per the attached listing.

COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:

N/A

ATTACHMENTS:

Attachment 1 - Weekly Check Register

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Agenda Check Register

RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
So Calif Gas Company Only.

AND

CITY OF RANCHO CUCAMONGA
12/6/2021 through 12/16/2021
Check No.

Check Date
Vendor Name
City Fire Amount
***
AP
00421731
12/08/2021

SO CALIF GAS COMPANY
11,355.84 1,178.37 12,534.21
AP
00421732
12/08/2021

SO CALIF GAS COMPANY
1,704.69 0.00 1,704.69
$13,060.53
$14,238.90
$1,178.37
Note:

Grand Total:

Total Fire:

Total City:
*** Check Number includes both City and Fire District expenditures 07:08:46
12/16/2021
Current Date:

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DATE:January 5, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Matt Burris, Deputy City Manager Economic and Community Development
Flavio Nuñez, Management Analyst II
SUBJECT: Consideration of a Professional Services Agreement with University Enterprises Corporation on behalf of Inland Empire Small Business Development Center for Business Consulting Services in the Amount of $25,000. (CITY)
RECOMMENDATION:

Staff recommends that the City Council approve a Professional Services Agreement with University Enterprises Corporation on behalf of the Inland Empire Small Business Development for Business Consulting Services in the amount of $25,000.00 BACKGROUND:

The Inland Empire Small Business Development Center (IESBDC) has provided business assistance programs to the community for the last several years and continues to support the City’s efforts to improve and expand the business community. In 2020, the program contract lapsed due to an error in tracking the expiration date. The programs provided by the IESBDC includes business counseling and consulting to Rancho Cucamonga-based businesses, as well as to Rancho Cucamonga residents interested in starting their own businesses. Through a contract with the City, these services are offered to businesses and residents at no charge.

ANALYSIS:

Through this contract the IESBDC will continue to provide valuable service in the community.

Some of the services provided by the IESBDC include presenting and hosting business workshops (e.g., How to Start A Home-Based Business; Understanding Your Financials), and one-on-one consulting (e.g., accessing capital; marketing). Additionally, the IESBDC participates in local and regional events in support of the Rancho Cucamonga business efforts.

Due to the valuable support that the Inland Empire Small Business Development Center provides to the Rancho Cucamonga business community, as well as its commendable past performance in providing business services, staff recommends that the Council continue its relationship with the IESBDC and approve its 2022 contract for a 3-year term with three (3) two-year renewal options.

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1 0
7 6
FISCAL IMPACT:

The proposed contract amount is for $25,000.00. This item has been budgeted in the 2021/2022 Fiscal Year Budget.

COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:

The services provided by the Inland Empire Small Business Development Center will continue to build on our success as a world class community, to create an equitable, sustainable, and vibrant City, rich in opportunity for all to thrive.

ATTACHMENTS:

Attachment 1 – Agreement for Professional Services
Attachment 2 – Exhibit A Scope of Services

Page 30 ends

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A

GREEMENT FOR

PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this 5 day of January , 2022, by and between the City of Rancho Cucamonga, a municipal corporation (“City”) and the University Enterises Corpration at CSUSB for itself and on behalf of Inland Empire Small Business Development Center, a Non-profit (“Consultant”).

RECITALS
A. City has heretofore issued its request for proposals to perform the following professional services: business counceling services to companies and individuals residing within the City of Rancho Cucamonga (“the Project”).

B. Consultant has submitted a proposal to perform the professional services described in Recital “A”, above, necessary to complete the Project.

C. City desires to engage Consultant to complete the Project in the manner set forth and more fully described herein.

D. Consultant represents that it is fully qualified and licensed under the laws of the State of Califo rnia to perform the services contemplated by this Agreement in a good and professional manner.

AGREEMENT
NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties here to agree as follows:

1. Consultant’s Services.

1.1 Scope and Level of Services . Subject to the terms and conditions set forth in this Agreement, City hereby engages Consultant to perform all technical and professional services described in Recitals “A” an d “B” above, including, but not limited to business counceling services to companies and individuals residing within the City of Rancho Cucamonga, all as more fully set forth in the Consultant’s proposal, dated December 13, 2021 and entitled “Scope of Work”, attached hereto as Exhibit “A”, and incorporated by reference herein. The nature, scope, and level of the services required to be performed by Consultant are set forth in the Scope of Work and are referred to herein as “the Services.” In the event of any inconsistencies between the Scope of Work and this Agreement, the terms and provisions of this Agreement shall control.

1.2 Revisions to Scope of Work. Upon request of the City, the Consultant will promptly meet with City staff to discuss any revisions to the Project Attachment 1

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desired by the City. Consultant agrees that the Scope of Work may be amended based upon said meetings, and, by amendment to this Agreement, the parties may agree on a revision or revisions to Consultant’s compensation based thereon. A revision pursuant to this Section that does not increase the total cost payable to Consultant by more than ten percent (10%) of the tota l compensation specified in Section 3, may be approved in writing by City’s City Manager without amendment.

1.3 Time for Performance. Consultant shall perform all services under this Agreement in a timely, regular basis consistent with industry standards for professional skill and care, and in accordance with any schedule of performance set f orth in the Scope of Work, or as set forth in a “Schedule of Performance”, if such Schedule is attached hereto as Exhibit “N/A”.

1.4 Standard of Ca re. As a material inducement to City to enter into this Agreement, Consultant hereby represe nts that it has the experience necessary to undertake the services to be provided. In light of such status and experience, Consultant hereby covenants that it sha ll follow the customary professional standards in performing the Services.

1.5 Familiarity with Services . By executing this Agreement, Consultant represents that, to the extent required by the standard of practice, Consultant (a) has investigated and cons idered the scope of services to be performed, (b) has carefully considered how the services s hould be performed, and (c) understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. Consultant represents that Consultant, to the extent required by the standard of practice, has investigated a ny areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of services, Consultant shall immediately inform City of s uch fact and shall not proceed except at Consultant’s risk until written instructions are received from the City Representative.

2. Term of Agreement . The term of this Agreement shall be 3 year(s) and shall become effective as of the date of the mutual execution by way of both parties signature (the “Effective Date”). No work shall be conducted; service or goods will not be provided until this Agreement has been executed and requirem ents have been fulfilled.

Parties to this Agreement shall have the option to renew in 2 year(s) increments to a total of 3 years, unless sooner terminated as provided in Section 14 herein. Options to renew are contin gent upon the City Manager’s approval, subject to pricing review, a nd in accordance to all Terms and Conditions stated herein unless otherwise provided in writing by the City.

3. Compensation.

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3.1 Compensation. City shall compensate Consultant as set forth in Exhibit A, provided, however, that full, total and compl ete amount payable to Consultant shall not exceed $25,000.00 (Twenty-Five Thousand Dollars), including all out of pocket expenses, unless additional compensation is approved by the City Manager or City Council. City shall not w ithhold any federal, state or other taxes, or other deductions.

However, City shall withhold not more than ten percent (10%) of any invoice amount pending receipt of any deliverables reflected in such invoice. Under no circumstance shall Consultant be entitled to compensation for services not yet satisfactorily performed.

The parties further agree that compensation may be adjusted in accordance with Section 1.2 to reflect subsequent changes to the Scope of Services. City shall compensate Consultant for any authorized extra services as set forth in Exhibit A.

4. Method of Payment.

4.1 Invoices. Consultant shall submit to City monthly invoices for the Services performed pursuant to this Agreement. The invoices shall describe in detail the Services render ed during the period and shall separately describe any authorized extra services. Any invoice claiming compensation for extra services shall include appropriate documentation of prior authorization of such services. All invoices shall be remitted to the City of Rancho Cucamonga, California.

4.2 City shall review such invoices and notify Consul tant in writing within ten (10) business days of any disputed amounts.

4.3 City shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt of the invoice up to the not-to-exceed amounts set forth in Section 3.

4.4 All r ecords, invoices, time cards, cost control sheets and other records maintained by Consultant relating to services hereunder shall be available for review and audit by the City.

5. Representatives.

5.1 City Representative . For the purposes of this Agreem ent, the contract administrator and City’s representative shall be Deputy City Manager Economic and Community Development, or such other person as desi gnated in writing by the City (“City Representative”). It shall be Consultant’s responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and Consultant shall refer any decisions that must be made by City to the City Representative.

Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative.

5.2 Consultant Representative . For the purposes of this Agreement, Executive Director of the Inland Empire Small Business Development Center, is hereby

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designated as the principal and representative of Consultant authorized to act in its behalf with respect to the services specified herein and make all decisions in connectio n therewith (“Consultant’s Representative”). It is expressly understood that the experience, knowledge, capability and reputation of the Consultant’s Representative were a substantial inducement for City to enter into this Agreement. Therefore, the Consultant’s Representative shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. Consultant may not change the Responsible Principal without the prior written approval of City.

6. Consultant’s Personnel.

6.1 All Services shall be performed by Consultant or under Consultant’s direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City business license as required by the City’s Municipal Code.

6.2 Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the S ervices and compliance with the standard of care set forth in Section 1.4.

6.3 Consultant shall be responsible for payment of all employees’ and subcontractors’ wages and benefits, and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security. By its execution of this Agreement,
Consultant certifies that it is aware of the
provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self -insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

6.4 Consultant shall indemnify, defend and hold harmless City and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant’s violations of personnel practices and/or any violation of the California Labor Code. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 6.

7. Ownership of Work Product.

7.1 Ownership. All documents, ideas, concepts, electronic files, drawings, photographs and any and all other writings, including drafts thereof, pr epared, created or provided by Consultant in the course of performing the Services, including any and all intellectual and proprietary rights arising from the creation of the same (collectively, “Work Product”), are considered to be “works made for hire” f or the

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benefit of the City. Upon payment being made, and provided Consultant is not in breach of this Agreement, all Work Product shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Basic sur vey notes, sketches, charts, computations and similar data prepared or obtained by Consultant under this Agreement shall, upon request, be made available to City. None of the Work Product shall be the subject of any common law or statutory copyright or copyright application by Consultant. In the event of the return of any of the Work Product to Consultant or its representative, Consultant shall be responsible for its safe return to City. U nder no circumstances shall Consultant fail to deliver any draft or final designs, plans, drawings, reports or specifications to City upon written demand by City for their delivery, notwithstanding any disputes between Consultant and City concerning payment, performance of the contract, or otherwise. This covenant shal l survive the termination of this Agreement. City’s reuse of the Work Product for any purpose other than the Project, shall be at City’s sole risk.

7.2. Assignment of Intellectual Propert y Interests: Upon execution of this Agreement and to the extent not otherwise conveyed to City by Section 7.1, above, the Consultant shall be deemed to grant and assign to City, and shall require all of its subcontractors to assign to City, all ownership rights, and all common law and statutory copyrights, trademarks, and other intellectual and proprietary property rights relating to the Work Product and the Project itself, and Consultant shall disclaim and retain no rights whatsoever as to any of the Work Product, to the maximum extent permitted by law.

City shall be entitled to utilize the Work Product for any and all purposes, including but not limited to constructing, using, maintaining, altering, adding to, restoring, rebuilding and publicizing the Project or any aspect of the Project.

7.3 Title to Intellectual Property . Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of the Work Product and/or materials produced under this Agreement, and that City has full legal title to and the right to reproduce any of the Work Product. Consultant shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of C ity officials, harmless from any loss, claim or liability in any way related to a claim that City’s use is violating federal, state or local laws, or any contractual provisions, relating to trade names, licenses, franchises, patents or other means of protecting intellectual property rights and/ or interests in products or inventions.

Consultant shall bear al l costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, software, equipment, devices or processes used or incorporated in the Services and mat erials produced under this Agreement. In the event City’s use of any of the Work Product is held to constitute an infringement and any use thereof is enjoined, Consultant, at its expense, shall: (a) secure for City the right to continue using the Work Pr oduct by suspension of any injunction or by procuring a

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license o r licenses for City; or (b) modify the Work Product so that it becomes non- infringing. This covenant shall survive the termination of this Agreement.

8. Status as Independent Contractor . Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and to defend, indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement.

Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees.

9. Confidentiality. Consultant may have access to financial, accounti ng, statistical, and personnel data of individuals and City employees. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are confidential and s hall not be disclosed by Consultant without prior written authori zation by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Consultant’s cove nant under this Section shall survive the termination of this Agr eement. This provision shall not apply to information in whatever form that is in the public domain, nor shall it restrict the Consultant from giving notices required by law or complying with an order to provide information or data when such an order is is sued by a court, administrative agency or other legitimate authority, or if disclosure is otherwise permitted by law and reasonably necessary for the Consultant to defend itself from any legal action or claim.

10. Conflict of Interest.

10.1 Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the perfo rmance of the Services. Consultant further covenants that, in pe rformance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services.

Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant “financially interested” (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained.

10.2 Consultant further represents that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant,

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to solicit or obtain this Agreement. Consultant has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift.

10.3 Consultant has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, ev en if such interest would not be deemed a prohibited “conflict of interest” under applicable laws as described in subsection 10.1.

11. Indemnification.

11.1 Professional Services . In the connection with its professional services, the Consultant shall defend, indemnify, and hold the City, and its elected officials, o fficers, employees, servants, volunteers, and agents serving as independent contractors in the role of C ity officials, (collectively, “Indemnitees”), free and harmless with respect to any and all damages, liabilities, losses, reasonable defense costs or expenses (collectively, “Claims”), including but not limited to liability for death or injury to any person and injury to any property, to the extent the same arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the C onsultant or any of its officers, employees, subcontractors, consultants, or agents in the performance of its professional services under this Agreement. Consultant shall pay all reasonable defense costs and expenses, including actual attorney’s fees and experts’ costs incurred in connection with such defense.

11.2 Other Indemnities. In connection with all Claims not covered by Section 11.1, and to the maximum extent permitted by law, the Consultant shall defend, hold harmless and indemnify the Indemnit ees with respect to any and all Claims including but not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to t he acts, omissions, activities or operations of Consultant or any of its officers, employees, subcontractors, subconsultants, or agents in the performance of this Agreement. Consultant shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of City’s choice, and shall pay all costs and expenses, including actual attorney’s fees and experts’ costs incurred in connection with such defense. The indemnification obligation herein shall not in any way be limited b y the insurance obligations contained in this Agreement provided, however, that the Contractor shall have no obligation to indemnify for Claims arising out of the sole negligence or willful misconduct of any of the Indemnitees.

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11.3 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement.

11.4 Waiver of Right of Subrogation. Except as otherwise expressly provided in this Agreement, Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Consultant.

11.5 Survival. The provisions of this Section 11 shall survive the termination of the Agreement and are in addit ion to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against Consultant shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision.

12. Insurance.

12.1 Liability Insurance. Consultant shall procure and maintain in full force and effect for the duration of this Agreement, insurance against claims for inj uries to persons or damages to property which may arise from or i n connection with the performance of the services hereunder by Consultant, and/or its agents, representatives, employees and subcontractors.

12.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed.
1/87) covering Automobile Liability, code 1 (any auto). (3) Worker’s Compensation insurance as requir ed by the State of California, and Employer’s Liability Insurance.
(4) Professional Liability insurance in a form approved by the City, having, at City’s option, an extended reporting period of not less than three (3) years; or professional liability insurance shall be maintained for a period of three (3) years after completion of the Services which shall, during the entire three (3) year period, provide protection against claims of profession al negligence arising out of

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Consultant’s performance of the Services and otherwise
complying with all applicable provisions of this Section 12.

The policy shall be endorsed to include contractual liability to the extent insurable.

12.3 Minimum Limits of Insurance. Consultant shall maintain limits no less than:
(1) Commercial General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage.

Commercial General Liability Insurance with a general
aggregate limit shall a pply separately to this Agreement or the general limit shall be twice the required occurrence limit.
(2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage.
(3) Employer’s Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Workers’
Compensation Insurance in the amount required by law.
(4) Professional Liability: $1,000,000 per claim/aggregate. (5) The Insurance obligations under this agreement shall be the greater of (i) the Insurance co verages and limits carried by the Contractor; or (ii) the minimum insurance requirements shown in this A greement. Any insurance proceeds in
excess of the specified limits and coverage required which are applicable to a given loss, shall be available to th e City.

No representation is made that the minimum insurance
requirements of this A greement are sufficient to cover the obligations of the Contractor under this Agreement.

12.4 Deductibles and Self-Insured Retentions. Any deductibles or self - insured retentions must be declared to and approved by the City and shall not reduce the limits of coverage. City reserves the right to obtain a full certified copy of any required insurance policy and endorsements.

12.5 Other Insurance Provisions.
(1) The commercial general liability and automobile liability policies are to contain the following provisions on a
separate additionally insured endorsement naming the City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of

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City officials as additional insureds as respects: liability arising out of activities performed by or on behalf of
Consultant; products and completed operations of
Consultant; premises owned, occupied or used by
Consultant; and/or automobiles owned, leased, hired or
borrowed by Consultant. The coverage shall contain no
limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors i n the role of City officials which are not also limitations applicable to the named insured.
(2) For any claims related to this Agreement, Consultant’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, desi gnated
volunteers and agents serving as independent contractors i n the role of C ity or officials. Any insurance or self - insurance maintained by City, its officers, officials, employees, designated volunteers or agents serving as
independent contractors in the role of City officials shall be excess of Consultant’s insur ance and shall not contribute with it.
(3) Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer’s liability. (4) Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self insured retention is increase d. In the event of any cancellation or reduction in coverage or limits of any insurance, Contractor shall forthwith obtain and submit proof of substitute insurance. Should Contractor fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at Contractor’s sole cost and expense.

(5) Each insurance policy, required by this clause shall expressly waive the insurer’s right of subrogation against City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials.

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(6) Each policy shall be issued by an insurance company approved in writing by City, which is admitted and licensed to do business in the State of California and which is rated A:VII or better according to the most recent A.M. Best Co.

Rating Guide.
(7) Each policy shall s pecify that any failure to comply with reporting or other provisions of the required policy, including breaches of w arranty, shall not affect the coverage require d to be provided.
(8) Each policy shall s pecify that any and all costs of adjusting and/or defending any claim against any insured, including court costs and attorneys' fees, shall be paid i n addition to and shall not deplete any policy limits.

(9) Contractor shall provide any and all other required insurance, endorsements, or exclusions as required by the City in any request for proposals applicable to this Agreement.

12.6 Evidence of coverage. Prior to commencing performance under this Agreement, the Consultant shall furnish the City with certificates and original endorsements, or copies of each required policy, effecting and evidencing the insurance coverage required by this Agreement including (1) Additional Insured Endorsement(s), (2) Worker’s Compensation waiver of subrogation endorsement, and (3) General liability declarations or endorsement page listing all policy endorsement s. The endorsements shall be signed by a person authorize d by the insurer(s) to bind coverage on its behalf.

All endorsem ents or policies shall be received and approved by the City before Consultant commences performance. If performance of this Agreement shall extend beyond one year, Consultant shall provide C ity with the required policies or endorsements evidencing renewal of the required policies of insurance prior to the expiration of any required policies of insurance.

12.7 Contractor agrees to include in all contracts with all subcontractors performing work pursuant to this Agreement, the same requirements and provisi ons of this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of any such subcontractor’s work. Contractor shall require its subcontractors to be bound to Contractor and City in the same manner and to the s ame extent as Contractor is bound to City pursuant to this Agreement, and to require each of its subcontractors to include these same provisions in its contract with any sub- subcontractor.

13. Cooperation. In the event any claim or action is brought aga inst City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation that City might require. City shal l compensate Consultant for any litigation support services in an amount to be agreed upon by the parties.

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14. Termination. City shall have the right to terminate this Agreement at any time for any or no reason on not less than ten (10) days prior written notice to Consultant. In the event City exercises its right to terminate this Agreement, City shall pay Consultant for any services satisfactorily rendered prior to the effective date of the termination, provided Consultant is not then in breach of this Agreement. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation. City may terminate for cause following a default remaining uncured more than five (5) business days after service of a notice to cure on the breaching party.

Consultant may terminate this Agreement for cause upon giving the City ten (10) business days prior written notice for any of the following: (1) uncured breach by the City of any material term of this Agreement, including but not limited to Payment Terms; (2) material changes in the co nditions under which this Agreement was entered into, coupled with the failure of the parties to reach accord on the fees and charges for any Additional Services required because of such changes.

15. Notices. Any notices, bills, invoices, or reports authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Consultant’s and Ci ty’s regular business hours; or (b) on the third business day fol lowing deposit in the United States mail, postage prepaid, to the addresses set forth in this Section , or to such other addresses as the parties may, from time to time, designate in writing p ursuant to the provisions of this Section.

All notices shall be addressed as follows:

If to City: Matt Burris, Dep uty City Manager Ec onomic and Community Development
10500 Civic Center Dr.

Rancho Cucamonga, CA 91730

If to Consultant: Diane Trujillo, MPA, Director Sponsored Programs Administration
Academic Reseach/AR-111E
University Enterprises Corporation CSUSB
5500 University Par kway, San Bernardino, CA
92407

16. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, cre ed, religion, sex, marital status , national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. Consultant will take affirmative action to ensure that

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subcontractors and applicants are employed, and that employees are treated during employment, w ithout regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.

17. Assignment and Subcontracting. Consultant shall not assign or transfer any interest in this Agreement or subcontract the performance of any of Consultant’s obligations hereunder without City’s prior written consent. Except as provided herein, any attempt by Consultant to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 18 Compliance with Laws . Consultant shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the t ime Consultant performs the Servi ces. CONSULTANT is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which re quire the payment of prevailing w age rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, CONSULTANT agrees to fully comply with such Prevailing Wage Laws. The applicable prevailing wage rate determinations can be found at http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm

CONSULTANT shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the P roject site. CONSULTANT shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

19. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any suc h payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.

20. Attorney’s Fees . In the event that either party to this Agreement shall commence any legal action or proceeding to enfor ce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney’s fees and costs of experts.

21. Exhibits; P recedence. All documents referen ced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material

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discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of t his Agreement shall prevail.

22. Applicable Law and Venue . The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. Venue for any actio n relating to this Agreement shall be in the San Bernardino County Superior Court.

23. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement.

24. Entire Agreement. This Agreement c onsists of this document , and any other documents, attachments and/or exhibits referenced her ein and attached hereto, each of which is incorporated herein by such reference, and the same represents the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement.

IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above.

Consultant Name: Diane Trujillo, MPA

By: ______________________________
Name Date

______________________________
Title
City of Rancho Cucamonga

By:________________________________
Name Date

_________________________________
Title

By: ______________________________
Name Date

______________________________
Title

City of Rancho Cucamonga

By:________________________________
Name Date

_________________________________
Title
(two signatures required if corporation)

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EXHIBIT A

SCOPE OF SERVICES
See Next Page
[Intentinaly left blank]

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EXHIBIT B

SCHEDULE OF PERFORMANCE
N/A

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Attachment A – Sample Waiver of Subrogation
(Sample Only – Not all forms will look identical to this Sample) The City of Rancho Cucamonga, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City or officials.

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Attachment B – Sample Additional Insured for On-going Projects The City of Rancho Cucamonga, its
officers, officials, employees, designated
volunteers and agents serving as
independent contractors in the role of City
or officials.

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EXHIBIT A
SCOPE OF SERVICES – December 13, 2021
City of Rancho Cucamonga
AND
UNIVERSITY ENTERPRISES CORPORATION AT CSUSB (UEC) for itself and on behalf of INLAND

EMPIRE SMALL BUSINESS DEVELOPMENT CENTER (IESBDC)
2022

CONSULTING SERVICES
The Consultant will provide professional consulting services and deliver advice, assistance, and guidance relative to business-related issues at no charge to businesses. Consulting services will be conducted at the Rancho Cucamonga Chamber of Commerce or at the clients’ existing commercial business location. For clients who, for health or other reasons, would prefer an alternative to in-person consulting sessions, both phone and online Zoom meetings will also be offered Consultant will provide advice and assistance on a variety of business topics including, but not limited to:
• Business Plan Development
• Start-up Requirements
• Business Management
• Expansion Strategies
• Marketing / Advertising
• Accounting / Bookkeeping
• Financial Analysis
• Human Resources Management
• Home-Based Businesses
• Government Procurement
• Funding Sources
• Resource Referrals
• Patents, Trademarks, Copyrights
• Loan Applications
• Buying and Selling a Business
• Franchising
• Social Media / Internet Marketing

SEMINARS
City will provide Consultant with a location within the city limits to conduct seminars.

Consultant will conduct a minimum of two hours per month of business seminars at the City’s designated site. Consultant will provide these seminars (at no additional cost to the City or seminar attendees) on the topics mentioned in this section under Consulting Services, or on other topics relative to start-up or existing businesses. Seminar topics will be discussed and agreed upon by the City and Consultant prior to seminar scheduling.

Attachment 2

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MARKETING

Consultant will be responsible for marketing the consulting services and seminars to the business community by means of fliers, press releases, and presentations to business groups. All seminars will be listed on the SBDC website and submitted to the local SBA District Office for inclusion in their online monthly marketing calendar. The program is also to be marketed through the Rancho Cucamonga Chamber of Commerce, including the Business Connection Network. Consultant will be responsible for designing marketing materials and paying for printing costs. City will actively assist Consultant in the marketing and promotion. Consultant and City will explore ways to further outreach to underserved business groups.

PERFORMANCE MEASURES

The performance measures for the Consultant in providing business consulting services and seminars to clients are (on an annual basis):

Total Clients Assisted (one-on-one) 80
Number of Specialty Workshops 6
Number of Start-Up Workshops 6
Number of Attendees at Workshops (average) 15

ACTIVITY REPORTS

Consultant will provide quarterly reports of activities, including:

Number of consultations
Number of businesses served
Number of hours spent assisting businesses
Type of assistance provided (i.e. marketing, social media, funding, licensing) Type of businesses (i.e. retail, service, construction, wholesale, manufacturing) Economic Impact achieved with businesses
Product / Service offerings of businesses
Status of businesses (start-up or existing)
Number of seminars presented and number of attendees
Referral source of new clients

Quarterly reports will be submitted covering the previous quarter’s activities.

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COMPENSATION
The City of Rancho Cucamonga will provide IESBDC with $25,000 in cash match to support a small business technical assistance and training program for the 2022 contract Year.

The City of Rancho Cucamonga will pay the IESBDC in two payments for the cash match amount.

Invoice January 2022 - $12,500 and December 2022 - $12,500

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DATE:January 5, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Matthew R. Burris, AICP, Deputy City Manager Lori Sassoon, Deputy City Manager
Jennifer Nakamura, Management Analyst II
SUBJECT: Consideration of Second Reading and Adoption of the Following:

ORDINANCE NO. 991

AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, ADDING CHAPTER 3.76 TO THE RANCHO

CUCAMONGA MUNICIPAL CODE TO ESTABLISH AN AFFORDABLE

HOUSING DEVELOPMENT IMPACT FEE
RECOMMENDATION:

Staff recommends that the City Council waive full reading and adopt Ordinance No. 991.

BACKGROUND:

The introduction and first reading of the above-entitled Ordinances was conducted at the Regular Council meeting of November 17, 2021.

Votes at first reading: AYES: Scott, Hutchison, Kennedy, Michael, Spagnolo. ABSENT: None ANALYSIS:

Please refer to the December 15, 2021 City Council Staff Report.

FISCAL IMPACT:

Please refer to the December 15, 2021 City Council Staff Report.

COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:

Please refer to the December 15, 2021 City Council Staff Report.

ATTACHMENTS:

Attachment 1 – Ordinance No. 991

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Ordinance No. 991 – Page 1 of 6
ORDINANCE NO. 991

AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, ADDING CHAPTER 3.76 TO THE RANCHO

CUCAMONGA MUNICIPAL CODE TO ESTABLISH AN AFFORDABLE

HOUSING DEVELOPMENT IMPACT FEE
A. RE
CITALS

1. Ther
e is a shortage of affordable housing in the City of Rancho Cucamonga, as evidenced in the City's Housing Element.

2. New non-residential (e.g. retail/commercial, office, industrial, warehouse, and research and development) development creates a variety of new jobs with varied degrees of compensation for workers in such developments.

3. The addi
tion of new workers in these new non- residential developments generates housing demand for households at extremely low, very low, low, and moderate incomes.

4. Due to housing and market conditions, new market-rate development projects in the City have provided a disproportionate quantity of housing units that are not affordable to all income groups, creating an unbalanced housing stock.

5. Ther
e is a low vacancy rate for housing affordable to persons of extremely low, very low, low, and moderate income households.

6. R
ancho Cucamonga has one of the least affordable real estate markets in San Bernardino County.

7. D
ue to these factors, workers of extremely low, very low, low, and moderate income are experiencing increasing difficulty in locating and maintaining adequate, safe, and sanitary affordable housing within or near the City.

8. The failure to provide adequate affordable housing for lower -wage workers can force these workers to live in less than adequate housing within the City, pay a significantly disproportionate share of their incomes to live in adequate housing within the City, or commute ever -increasing distances to their jobs from housing located outside the City.

9. The l
ack of affordable housing has detrimental impacts on traffic, transit, and related air quality impacts and the demands placed on the regional transportation infrastructure.

10. Non-residential uses in the City benefit from the availability of housing close to their employees.

11. The City has commissioned the preparation of a Non -Residential Linkage Fee Nexus Study, prepared by Keyser Marston Associates, Inc., dated October 5, 2021 ("Nexus Study"), to analyze the relationship between non-residential development, job creation, and the demand for affordable housing, in compliance with the Mitigation Fee Act (California Government Code Sections 66000 et seq.).

12. According to the Nexus Study (pgs. 10-25), a nexus exists between the addition of new non- residential development and the jobs/new workers that this development creates, and the workers'

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Ordinance No. 991 – Page 2 of 6
need for additional housing in proximity to the jobs, a portion of which must be affor dable to low- income workers.

13. More specifically, the Nexus Study documents the linkage between new and expanded non- residential development, the net number of new employees and employee households generated by businesses occupying these land use buildings, and the housing demands of these households.

14. As discussed in detail in the Nexus Study, new housing affordable to persons identified in the Nexus Study is not now being added to the supply in sufficient quantity to meet the needs of the new employee households associated with new or expanded non-residential development.

15. The Nexus Study quantifies the cost mitigation associated with developing affordable housing units based on the identified need resulting from employees generated by new non-residential development.

16. The City Council is imposing the fee established by this Ordinance in order to partially close this gap by using the fee to help finance additional affordable housing stock.

17. The Rancho Cucamonga Municipal Code does not currently establish an adequate mechanism to account for the impact that non -residential development has on increasing the need for affordable housing.

18. Requiring non-residential developers to assist in the production of affordable housing is also consistent with the City's long- standing commitment to achieve and maintain a suitable living environment, including housing for all economic levels.

20. This municipal commitment conforms with State and Federal policies and is an important goal of the City's draft Housing Element, which is expected to be adopted in the coming months.

21. Program HE -12 of the City's draft 2021-2029 Housing Element states: “The City has seen a significant increase in non- residential development in recent years, resulting in job increases in multiple business sectors and an increased associated need for affordable housing. To mitigate the impact of newly generated jobs on the local housing market, the City will explore a linkage fee for non-residential development.”

22. This fee program will benefit the City as a whole since each development which contributes to affordable housing through the payment of this fee assists in augmenting the City's housing mix, helps to increase the supply of housing for all economic segments of the community, and addresses the affordable housing need generated by the development, thereby supporting a balanced community which is beneficial to the public health, safety, and welfare of the City.

23. The City wishes to impose an affordable housing development impact fee on non- residential development, and to deposit such fees into a newly -established and stand- alone fund to partially fund development of aff ordable housing in the City.

24. All prerequisites necessary to the adoption of this ordinance have occurred, including the noticing procedures outlined in the Mitigation Fee Act.

B. ORDINANCE

The City Council of the City of Rancho Cucamonga does ordain as follows:

Section 1. Findings

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Ordinance No. 991 – Page 3 of 6
A. The provision of safe and stable housing for households at all income levels is essential for the public welfare of the City of Rancho Cucamonga. Housing in the City has become steadily more expensive and housing costs have gone up faster than incomes. Fed eral and state government programs do not provide enough affordable housing to satisfy the needs of very low, low, or moderate income households. As a result, there is a severe shortage of adequate, affordable- housing for very low, lower, and moderate inco me households, as evidenced by the following findings in the City's draft 2021- 2029 Housing Element:

1. The City had a regional housing need between 2013 and 2021 to construct 209 very low income units, 141 low income units and 158 moderate income uni ts. According to the 2020 Housing Element Annual Progress Report, between 2013 and 2020, 18 very low income units, 11 low income units and 171 moderate income units were permitted. Less than 40 percent of the very low, low and moderate allocated units wer e permitted during the current housing cycle period.

2. The City has a regional housing need between 2021 and 2029 to construct 3,245 extremely low/very low income units, 1,920 low income units, and 2,031 moderate income units ( Draft Housing Element 2021- 2029, Table HE-47, Page 72). According to the draft Housing Element, after accounting for potential future Accessory Dwelling Units, the City still needs to construct 3,209 extremely low/very low income units and 1,864 low income units. Therefore, the City's current policies have not been sufficient to generate enough new housing affordable to Extremely Low Income, Very Low Income, and Low Income households .

B. The City Council finds that there is a dire need for housing to accommodate the significant workforce increase caused by non -residential development in recent years. Such job increases in multiple business sectors is correlated with an inc reased associated need for affordable housing. To mitigate the impact of newly generated jobs on the local housing market, the City Council finds that there is a need for non- residential development to support the resulting workforce’s affordable housing demand.

Section 2 . A new Chapter 3.76 entitled “Affordable Housing Linkage Fee” is hereby added to Title 3 (“Revenue and Finance”) of the Ra ncho Cucamonga Municipal Code to read as follows:

Chapter 3.76 AFFORDABLE HOUSING DEVELOPMENT IMPACT FEE

3.76.010 Purpose and Intent.

3.76.020 Definitions.

3.76.030 Affordable Housing Development Impact Fee.

3.76.040 Adjustments or Waivers.

3.76.050 Conversion.

3.76.060 Use of Funds.

3.76.010 Purpose and Intent.

A. The purpose of this chapter is to facilitate the development and availability of housing affordable to a range of households with varying income levels within the city through creation and imposition of a fee on new non-residential development, which will partially fund the need for affordable housing created by the workforce of new development.

B. The requirements of this chapter are based on a number of factors including, but not limited to, the city's long- standing commitment to increasing opportunities for affordable housing; the immediate need for affordable housing, as reflected in local, state, and federal housing regulations and policies; the demand for affordable housing created by non-residential development; and the impact that the lack of affordable housing production has on the health, safety, and welfare of the city's residents including its impacts on traffic, transit and related air quality impacts, and the demands placed on the regional transportation infrastructure. Imposing a fee that is reasonably related to the burdens created

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Ordinance No. 991 – Page 4 of 6
by new non-residential development on the city's need for affordable housing will enable the city to fund development of affordable housing units that will contribute to addressing these impacts and fulfilling these goals.

C. It is the intent of the city council that the fee required by this chapter shall be supplementary to any conditions imposed upon a development project pursuant to other provisions of this code, the Subdivision Map Act, the California Environmental Quality Act, and other state and local laws, which may authorize the imposition of project-specific conditions on development.

3.76.020 Definitions.

For the purpose of this chapter, the following words, terms, and phrases shall be defined as set forth below:
"Affordable housing development impact fee" means the fee paid by a developer of a non-residential development project to mitigate the impacts that such a project has on the demand for affordable housing in the city.
"Affordable housing development impact fund" means a fund or account designated by the city to maintain and account for all monies received pursuant to this chapter. "Non-residential development project" means the construction or the addition of new non -residential gross floor area, or the conversion from a use exempt from the affordable housing development impact fee to a use subject to the affordable housing development impact fee. Non-residential development includes retail/commercial, office, industrial, warehouse, and research and development uses. "Community land uses which serve the public" means uses that include, but are not limited to, hospitals, places of worship, museums, educational facilities (public K -12 schools, community colleges, and colleges and universities), youth and recreational facilities, retirement or rest homes, emergency shelters, and other such institutional uses which serve the public, as determined by the director.
"Developer" means any person, firm, partnership, associati on, joint venture, corporation, or any entity or combination of entities, which seeks or applies for city approvals, permits or entitlements for all or part of a non-residential development project.
"Director” shall mean the engineering services director. "Gross floor area" shall have the same meaning as set forth in section 17.126.020 ("Floor area, gross"). "Mixed-use development" shall have the same meaning as that set forth in section 17.126.020 (“Development, mixed use”).

3.76.030 Affordable Housing Development Impact Fee.

A. Requirement. An affordable housing development impact fee is hereby imposed on all non-residential development projects, except those exempt projects identified below. No application for a building permit for a non -residential development project shall be approved, nor shall any such non- residential development project be constructed, without first complying with this chapter. The fee imposed by this chapter shall be paid by each developer no sooner than issuance of a building permit and no later than issuance of a certificate of occupancy for the structure. No certificate of occupancy shall be issued for a non -residential development project that has not paid the fee r equired under this chapter. The amount of the fee shall be calculated at the time the fee is paid, based upon the rate then in effect.

B. Exemptions. Notwithstanding subsection A above, this chapter shall not apply to the following:

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Ordinance No. 991 – Page 5 of 6

1. Any non-residential development project with a gross floor area of 10,000 square feet or less;

2. Community land uses which serve the public, as defined by this ordinance;

3. Reconstruction of any building that was destroyed by fire, flood, earthquake or other act of nature, so long as the square footage does not exceed the square footage before the loss;

4. The residential portion of a mixed-use development project;

5. Utility, transportation, public facility, and communication uses;

6. Any non-residential development project developed by a public agency;

7. The non-residential area of any mixed-use project that includes at least 5% of the total number of residential units reserved for extremely low/very low or low income households. The applicant shall enter into a regulatory agreement with the city to preserve the units at such income levels for at least 45 years. The agreement shall be recorded as a deed restriction against the property.

C. Calculation of the fee. The affordable housing development impact fee shall be charged on new gross floor area, subject to section 3.76.050. The amount of the fee shall be established by resolution of the city council.

3.76.040 Adjustments or Waivers.

A. The requirements of this chapter may be adjusted or waived by the City Council if the developer demonstrates that an insufficient nexus exists between the proposed use and the affordable housing development impact fee. The developer shall submit documentation demonstrating this with a request for an adjustment or waiver in writing t o the director no later than ten days prior to the public hearing on the development permit application for the project or, if no development permit is required, at the time of the filing of the request for a building permit. The developer shall provide such additional information as may be required by the director to process the request for consideration by the City Council.

B. The requirements of this chapter may be adjusted or waived by the City Council if the developer demonstrates that applying this chapt er would constitute a taking of property without just compensation in violation of the United States and/or California Constitutions. The developer shall submit a request for an adjustment or waiver in writing to the director no later than ten days prior t o the public hearing on the development permit application for the project or, if no development permit is required, at the time of the filing of the request for a building permit than the date it files its initial development application with the city. The developer shall provide such additional information as may be required by the director to process the request for consideration by the City Council.

3.76.050 Conversion.

If a development is exempt from the fee at initial construction, but later converts to a non -residential development project subject to the fee, the converted square footage will be deemed new gross floor area and the affordable housing development impact fee shall be paid pursuant to section

3.76.030. The amount of the fee shall be calculated at the time the fee is paid, based upon the rate then in effect.

3.76.060 Use of Funds.

All funds derived from this chapter shall be placed in a separate and distinct affordable housing development impact fund and used solely to increase the supply of housing affordable to extremely

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Ordinance No. 991 – Page 6 of 6
low, very low, low and moderate income households, the demand for which is created by the development of new non-residential development in the city .

Section 3. This ordinance and the affordable housing development impact fee shall apply to all non-residential development projects except those that have received all required discretionary entitlements prior to the effective date of this ordinance.

Section 4. The City Council declares that, should any section, subsection, subdivision, sentence, c lause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

Section 5. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law.

PASSED, APPROVED, AND ADOPTED this _____ day of ______________ 2021.

CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA

BY:

L. Dennis Michael, Mayor

I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council held on the __ day of ___________ 2021, by the following vote-to-wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ATTEST:

City Clerk of the City of Rancho Cucamonga

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DATE:January 5, 2022
TO:Mayor and Members of the City Council and Board of Directors President and Members of the Rancho Cucamonga Fire Protection District Boards of Directors
FROM:John R. Gillison, City Manager
INITIATED BY: Sean McPherson, AICP, Senior Planner
SUBJECT: Public Hearing to Consider First Reading of City Council Ordinance No. 992, to Approve Prezoning (DRC2020-00186), Consent to a Proposed Annexation, and Adopt an Associated Plan for Service (DRC2020- 00185), and City Council Ordinance No. 993 to Approve Development Agreement (DRC2021-00175), Each to be Read by Title Only and Waive Further Reading, to Consider City Council Resolutions to Adopt General Plan Amendment (DRC2020-00184), Tentative Parcel Map
(SUBTPM20251), Design Review (DRC2020-00177), Conditional Use Permit (DRC2021-00317), Uniform Sign Program (DRC2020-00178), and Certification of Environmental Impact Report, Make Findings Pursuant to the Environmental Quality Act, and Adopt a Mitigation Monitoring and Reporting Program (SCH No. 2020090076) to Allow for the Development of Two Industrial Warehouse Buildings totaling approximately 655,878 square feet on an approximate 35-acre project site Located Approximately 650 East of Etiwanda Avenue, North of Napa Street; APNS: 0229-291-23, -46, and -54. The Rancho Cucamonga Fire Protection District Will Also Consider a Resolution to Consent to the Proposed Annexation and Adoption of a Plan (DRC2020-00185) for the Same Project. (RESOLUTION NOS. 2022-001, 2022-002, 2022-003, 2022-004 & 2022-005, 2022-006 AND FD2022-001) (ORDINANCE NOS. 992 & 993) (CITY/FIRE)
RECOMMENDATION:

Staff recommends the City Council certify the Environmental Impact Report, make findings pursuant to the California Environmental Quality Act, adopt a mitigation monitoring and reporting program, and approve General Plan Amendment (DRC2020-00184), Consent to a Proposed Annexation, and Adopt an Associated Plan for Service (DRC2020-00185), Prezoning (DRC2020- 00186), Tentative Parcel Map (SUBTPM20251), Design Review (DRC2020-00177), Conditional Use Permit (DRC2021-00317), Uniform Sign Program (DRC2020-00178) and Development Agreement (DRC2021-00175) through the adoption of the attached Ordinances and Resolutions, and recommend that the Fire Protection District Board of Directors consent to the annexation as described in this report and adopt a plan of service for the annexed land.

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BACKGROUND:

The project area, located approximately 650 foot east of Etiwanda Avenue, north of Napa Street, comprises two parcels which total approximately 35 acres: APN: 0229-291-54 which totals approximately 32.83 acres and is located within the City of Rancho Cucamonga; and APN: 0229- 291-46 which totals approximately 2.9 acres and is located within unincorporated San Bernardino County and the City of Fontana’s Sphere of Influence (SOI). A 0.69-acre portion of a third parcel, identified as APN: 0229-291-23, also located within unincorporated San Bernardino County and the City of Fontana’s SOI, is located at the northeast corner of the intersection of Etiwanda Avenue and Napa Street. Staff notes that APN: 0229-291-46 and the above referenced portion of APN:
0229-291-23 are proposed to be annexed into the City as part of the subject development application. To be sure, the San Bernardino County Local Agency Formation Commission (LAFCO) approves annexations and the applicant is expected to process the annexation through LAFCO once the project entitlements are acted upon by the City. However, the City must consent to the annexation. Reference “Figure 1: Proposed Annexation Map” below which illustrates the location of these various parcels.

Figure 1: Proposed Annexation Map
Generally, the project area is vacant, with the exception of an existing rail spur running in a north- south orientation roughly bisecting the site which serves properties to the south, and existing Southern California Edison (SCE) overhead powerlines traversing the site in an east-west orientation. The existing rail spur is proposed to remain; however, the existing overhead SCE powerlines are proposed to be relocated along Napa Street within the eastern half of the site in order to accommodate the proposed project. The proposed project includes the construction of one new north-south street which will be located along the westerly property line of the project area and will be designed to eventually connect to a future east-west street located immediately

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south of the Metrolink railway and parallel to Napa Street. City staff proposes that this new north- south street be named Via Maris Place. The applicant and City have also negotiated a development agreement as part of the project which includes a variety of provisions intended to off-set any adverse impacts the project may cause that are not otherwise mitigated through CEQA.

After the applicant submitted their application, but before it was deemed complete, the City Council enacted a moratorium on November 4, 2020 to prohibit certain industrial uses while the City updated its code standards in response to rising interest and significant demand for the development of new industrial uses and the redevelopment of legacy uses largely located within the Southeast Industrial Quadrant (SEIQ), an area of the City bounded by Arrow Route to the north, 4th Street to the south, I-15 Freeway to the west, and the City’s jurisdictional limit line to the east. Following the expiration of the moratorium on June 30, 2021, the City Council adopted Ordinance 982 on July 7, 2021 which established new development standards for industrial projects throughout the City in response to this demand in industrial development. Notably, the applications for the subject project (except for the use permit), which had been deemed complete prior to the effective date of Ordinance 982, were exempt from the new requirements of Ordinance 982. Except for the CUP application, the subject development applications had been deemed complete on January 7, 2021, which is prior to the adoption of Ordinance 982. Pursuant to Development Code Section 17.02.020F.1, “all land use permit applications that are active and that have been determined by the planning director to be complete before the effective date of this title, or any amendments thereto, will be processed according to the regulations in effect when the application was deemed complete.” Thus, as the subject applications (except for the use permit) were deemed complete prior to the adoption of Ordinance 982, it has been analyzed against standards in effect prior to the adoption of Ordinance 982.

On December 8, 2021, the Planning Commission voted unanimously to recommend that the City Council approve the subject project, certify the subject EIR, and adopt the corresponding mitigation monitoring and reporting program.

For a full description of the project background and analysis, including but not limited to architecture and the project’s compliance with relevant development standards, please refer to the December 8, 2021 Planning Commission staff report which is included with this staff report as Attachment 14.

ANALYSIS:

The applicant Kimley-Horn and Associates, on behalf of Hillwood Enterprises, L.P., proposes to annex the portion of the project area currently located outside the City’s jurisdiction as described above and subdivide the project area into two new parcels, Parcel I and Parcel II, to accommodate the development of two new industrial warehouse buildings: Building A, located on the proposed Parcel I, totals approximately 500,648 square feet; and Building B, located on the proposed Parcel II, totals approximately 155,230 square feet. Each building includes approximately 10,000 square feet of office area. Building A, as proposed, will have a maximum height of approximately 58.5 feet and Building B, as proposed will have a maximum height of 46 feet. Access to the proposed project is primarily off Napa Street. However, the new north-south road, Via Maris Place, is also proposed to be constructed along the westerly boundary of the project area and will provide access to Parcel II.

Staff notes that the applicant has also proposed an “Alternate Site Plan,” which proposes only one industrial warehouse building (Building A), totaling 500,648 square feet. In this alternate version of the project, Building A would be occupied by a potential “E-Commerce” user and

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Building B is replaced with a surface level parking lot providing 849 parking stalls. Staff notes that as of the writing of the report, the City Council is acting upon the design of the two-building project, which was the “project” for purposes of analysis in the EIR, and the developer has submitted plans for building permit plan check for the two-building iteration of the project and this is the project before the City Council for consideration. Despite this, the environmental impact report prepared for the project included a separate analysis of the Alternate Site plan.

Entitlements Required for Proposed Development: The project requires a General Plan Amendment, a Zoning Map Amendment, an Annexation by LAFCO, Prezoning, Tentative Parcel Map, Design Review, Conditional Use Permit, and Uniform Sign Program. Further, the applicant proposes to enter into a Development Agreement with the City. Pursuant to Municipal Code Section 17.14.060.B, “when a proposed project requires more than one permit with more than one approving authority, all project permits shall be processed concurrently, and final action shall be taken by the highest-level designated approving authority for all such requested permits.” The City Council is the highest-level approving authority because it must consider the Prezoning, General Plan Amendment and Development Agreement.

General Plan Amendment (DRC2020-00184): At the time that the Planning Commission reviewed the project on December 8, 2021, the general plan land use designation for the portion of the project area located within the City (APN:0229-291-54) was split between Heavy Industrial (HI) and Flood Control Utility Corridor (FC/UC) with a “floating park designation as this parcel was at one time considered a potential location for a recreational facility pursuant to the 2010 General Plan. On December 15, 2021, following the Planning Commission’s review of the subject application, the City Council adopted the “PlanRC” General Plan. As it relates to the subject development application, the PlanRC General Plan eliminated the floating park designation and also reclassified the portion of the project area designated as Flood Control/Utility Corridor thus eliminating the need for the applicant to request these actions. Further, the PlanRC general Plan also renamed the previous “Heavy Industrial” land use designation to “Industrial Employment District.” Despite this, a General Plan Amendment is still required for the project as the parcels which are to be annexed into the City are proposed to be assigned a land use designation of Industrial Employment District in order to be consistent with similarly situated parcels within the vicinity. Staff notes that all relevant documents, exhibits and resolutions relative to the proposed General Plan Amendment have been updated to reflect these new land use designations. A supplemental analysis of the City Council’s adoption of the PlanRC General Plan Update has been included in this project’s Final EIR appendix and demonstrates that no changes to the EIR’s conclusions occurred as a result of the General Plan Update.

Annexation (DRC2020-00185): The proposed annexation to be applied for by the applicant with LAFCO will amend the boundaries of the City of Rancho Cucamonga, as well as unincorporated San Bernardino County and the City of Fontana’s SOI by increasing the area of Rancho Cucamonga by approximately 4.8 acres as measured from the centerline of Napa Street while reducing the size of the City of Fontana’s Sphere of Influence (SOI) by an equal amount.

Specifically, the applicant proposes to annex a 2.9-acre parcel identified as APN: 0229-291-46 into the City as part of the project to be used as parking, landscaped areas, and entrance to the proposed project. The annexation also includes a portion of another parcel, APN: 0229-291-23, which is not part of the project and which is not proposed to be developed. The portion of APN:0229-291-23 to be annexed comprises 0.69 acres of land located north of Napa Street and east of Etiwanda Avenue and is proposed to be annexed in order to create a logical jurisdictional boundary along the centerline of Napa Street from San Sevaine Channel to Etiwanda Avenue.

The remaining 1.21 acres falls within Napa Street. The proposed annexation and change in jurisdictional boundaries, including Sphere of Influence boundaries, will require approval by San

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Rancho Cucamonga City Council
January 5, 2022