Rancho Cucamonga City Council
February 15, 2023

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4. Method of Payment.

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

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

4.3City 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.

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

5. Representatives.

5.1City Representative. For the purposes of this Agreement, the contract administrator and City’s representative shall be Matt Marquez, Planning & Economic Development Director or such other person as designated in writing by the City (“City Representative”). It shall be Consultant’s responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and Consultant shall refer any decisions that must be made by City to the City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative.

5.2Consultant Representative. For the purposes of this Agreement, Joe Janczyk, President is hereby designated as the principal and representative of Consultant authorized to act in its behalf with respect to the services specified herein and make all decisions in connection therewith (“Consultant’s Representative”). It is expressly understood that the experience, knowledge, capability and reputation of the Consultant’s Representative were a substantial inducement for City to enter into this Agreement. Therefore, the Consultant’s Representative shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. Consultant may not change the Responsible Principal without the prior written approval of City.

6. Consultant’s Personnel.

6.1All 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.

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

6.3Consultant 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.

6.4Consultant 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 or agency 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.

7.1Ownership. All documents, ideas, concepts, electronic files, drawings, photographs and any and all other writings, including drafts thereof, prepared, created or provided by Consultant in the course of performing the Services, including any and all intellectual and proprietary rights arising from the creation of the same (collectively, “Work Product”), are considered to be “works made for hire” for the benefit of the City. Upon payment being made, and provided Consultant is not in breach of this Agreement, all Work Product shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Basic survey notes, sketches, charts, computations and similar data prepared or obtained by Consultant under this Agreement shall, upon request, be made available to City. None of the Work Product shall be the subject of any common law or statutory copyright or copyright application by Consultant. In the event of the return of any of the Work Product to Consultant or its representative, Consultant shall be responsible for its safe return to City. Under no circumstances shall Consultant fail to deliver any draft or final designs, plans, drawings, reports or specifications to City upon written demand by City for their delivery, notwithstanding any disputes between Consultant and City concerning payment, performance of the contract, or otherwise. This covenant shall survive the termination of this Agreement. City’s reuse of the Work Product for any purpose other than the Project, shall be at City’s sole risk.

7.2. Assignment of Intellectual Property Interests: Upon execution of this Agreement and to the extent not otherwise conveyed to City by Section 7.1, above,

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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.

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

Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, software, equipment, devices or processes used or incorporated in the Services and materials produced under this Agreement. In the event City’s use of any of the Work Product is held to constitute an infringement and any use thereof is enjoined, Consultant, at its expense, shall: (a) secure for City the right to continue using the Work Product by suspension of any injunction or by procuring a license or licenses for City; or (b) modify the Work Product so that it becomes non- infringing. This covenant shall survive the termination of this Agreement.

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

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

9. Confidentiality. Consultant may have access to financial, accounting, statistical, and personnel data of individuals and City employees. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are confidential and shall not

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be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Consultant’s covenant under this section shall survive the termination of this Agreement. This provision shall not apply to information in whatever form that is in the public domain, nor shall it restrict the Consultant from giving notices required by law or complying with an order to provide information or data when such an order is issued by a court, administrative agency or other legitimate authority, or if disclosure is otherwise permitted by law and reasonably necessary for the Consultant to defend itself from any legal action or claim.

10. Conflict of Interest.

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

Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant “financially interested” (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. Consultant or its employees may be required to disclose financial interests that may foreseeably be materially affected by the work performed under this Agreement pursuant to California Government Code § 87100 et seq and regulations promulgated by the Fair Political Practices Commission.

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

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

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11. Indemnification.

11.1Professional Services. In connection with its professional services, the Consultant shall defend, hold harmless and indemnify City, and its elected officials, officers, employees, servants, volunteers, and agents serving as independent contractors in the role of city or agency officials, (collectively, “Indemnitees”), 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 out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant or any of its officers, employees, subcontractors, consultants, or agents in the performance of its professional services under this Agreement. Consultant shall reimburse all reasonable defense costs and expenses, including actual attorney’s fees and experts’ costs incurred in connection with such defense.

11.2Other Indemnities. In connection with all Claims not covered by Section 11.1, the Consultant shall defend, hold harmless and indemnify the Indemnitees with respect to any and all Claims including but not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the non-professional acts, omissions, activities or operations of Consultant or any of its officers, employees, subcontractors, consultants, 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.

11.3Nonwaiver 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.

11.4Waiver 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.

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

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12. Insurance.

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

12.2Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed.
1/87) covering Automobile Liability, code 1 (any auto). (3) Worker’s Compensation insurance as required by the State of California, and Employer’s Liability Insurance.
(4) Professional Liability insurance in a form approved by the City, having an extended reporting period of not less than three (3) years; or Professional Liability insurance shall be maintained for a period of three (3) years after completion of the Services which shall, during the entire three (3) year period, provide protection against claims of professional negligence arising out of Consultant’s performance of the Services and otherwise complying with all applicable
provisions of this Section 13. Either policy shall be endorsed to include contractual liability to the extent insurable.

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

Commercial General Liability Insurance with a general
aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit.
(2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage.

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(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.

12.4Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City.

12.5Other 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 city or agency officials, are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed
operations of Consultant; premises owned, occupied or
used by Consultant; and/or automobiles owned, leased,
hired or borrowed by Consultant. The coverage shall
contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City or agency officials which are not also limitations applicable to the named insured.
(2) For any claims related to this Agreement, Consultant’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated
volunteers and agents serving as independent contractors in the role of city or agency officials. Any insurance or self- insurance maintained by City, their officers, officials, employees, designated volunteers or agents serving as
independent contractors in the role of city or agency
officials shall be excess of Consultant’s insurance and shall not contribute with it.
(3) Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer’s liability. (4) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled except after 30 days prior written notice by first class mail has been given to City (ten (10) days prior written notice for

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non-payment of premium). Consultant shall provide thirty (30) days written notice to City prior to implementation of a reduction of limits or material change of insurance
coverage as specified herein.
(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 or agency
officials.
(6) 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) Specify that any failure to comply with reporting or other provisions of the required policy, including breaches of warranty, shall not affect the coverage required to be
provided.
(8) Specify that any and all costs of adjusting and/or defending any claim against any insured, including court costs and attorneys' fees, shall be paid in addition to and shall not deplete any policy limits.
(9) 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. The endorsements shall be signed by a person authorized by the insurer(s) to bind coverage on its behalf. All endorsements or policies shall be received and approved by the City before Consultant commences performance.

If performance of this Agreement shall extend beyond one year, Consultant shall provide City with the required policies or endorsements evidencing renewal of the required policies of insurance prior to the expiration of any required policies of insurance.

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

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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 conditions under which this Agreement was entered into, coupled with the failure of the parties to reach accord on the fees and charges for any Additional Services required because of such changes.

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

All notices shall be addressed as follows:

If to City:

Matt Marquez, Planning & Economic Development Director
10500 Civic Center Drive
Rancho Cucamonga, CA 91750
[email protected]
If to Consultant:

Dr. Joe Janczyk, President
Empire Economics, Inc.
35505 Camino Capistrano, Suite 200
Capistrano Beach, CA 92624
[email protected]

16. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status,

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national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.

17. Assignment and Subcontracting. Consultant shall not assign or transfer any interest in this Agreement or subcontract the performance of any of Consultant’s obligations hereunder without City’s prior written consent. Except as provided herein, any attempt by Consultant to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 18 Compliance with Laws. Consultant shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Consultant performs the Services.

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

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

21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.

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

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

24. Entire Agreement. This Agreement consists of this document, and any other documents, attachments and/or exhibits referenced herein and attached hereto, each of which is incorporated herein by such reference, and the same represents the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be

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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: Empire Economics, Inc.

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 WORK & SCHEDULE OF PERFORMANCE

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Attachment A – Sample Waiver of Subrogation
(Sample Only – Not all forms will look identical to this Sample)

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Attachment B – Sample Additional Insured for On-going Projects

DATE:February 15, 2023
TO:Mayor and Members of the City Council
President and Members of the Boards of Directors
FROM:John R. Gillison, City Manager
INITIATED BY: Mike McCliman, Fire Chief
Joseph Ramos, Emergency Management Coordinator
SUBJECT: Consideration to Accept Grant Revenue in the Amount of $28,522 Awarded by the Department of Homeland Security for the Fiscal Year 2021 Homeland Security Grant Program; and Authorization to Appropriate $28,522 for Approved Grant Expenses. (CITY/FIRE) RECOMMENDATION:

Staff recommends the City Council / Fire Board:

1. Accept grant revenue in the amount of $28,522 awarded by the Department of Homeland Security and administered by the San Bernardino County Office of Emergency Services, under the Fiscal Year 2021 Homeland Security Grant Program; and

2. Authorize the appropriation of $28,522 for the purchase of portable lighting, body armor kits, and updated tactical bags.

BACKGROUND:

The objective of the Homeland Security Grant Program (HSGP) is to provide funds to eligible entities to support state, local, tribal, and territorial efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United States. The grant program contains noncompetitive funding allocated for each Fire Department and Fire District in the San Bernardino County Operational Area, based on per capita. Funds must be used for activities that align with HSGP objectives and support securing and protecting the Homeland.

ANALYSIS:

Staff reviewed the activities allowed by the grant and identified the following equipment needs that are eligible for reimbursement:
•Portable Lighting: This project will provide the ability for emergency responders to set up an Incident Command Post at any location with illumination during nighttime hours. The portable lighting will allow emergency responders from different agencies to interact, communicate, and disseminate information quickly during all hazard events especially during non-daylight hours.
•Body Armor Kits: In anticipation of the opening of Fire Station 178, body armor kits will

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need to be purchased for the new fire personnel assigned to the station. In alignment with Tactical Emergency Casualty Care (TECC) and the best-practice recommendations for casualty management during high-threat civilian tactical and rescue operations, our fire personnel must be equipped with the appropriate ballistic protection. Fire personnel will be fully equipped with the ballistic body armor kits, which include the vest, soft panels, cummerland panels, hard panels, helmet shell, suspension system for helmets and appropriate patches for identification.
•Tactical Medical Bags: Tactical medical bags will hold trauma gear such as bandages, chest seals, tourniquets, needle tees, etc. in an organized fashion so all fire district apparatus have these items safely stored and can be used to provide TECC.

FISCAL IMPACT:

Staff requests that the City Council / Fire Board accept grant revenue into account number 13800004740 (Grant Income) and authorize the appropriation of $28,522 into 13805015207 (Homeland Security Grant Fire/O&M/Capital Supplies). The Fire District will be reimbursed from grant income when invoices and proof of the purchase are submitted to the grant administrator.

COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:

This item brings together portions of the Council’s vision and core value by providing a sustainable City and promoting a safe and healthy community for all. This is accomplished by ensuring our Fire District staff have the resources and equipment needed to respond during emergency incidents.

ATTACHMENTS:

N/A

DATE:February 15, 2022
TO:President and Members of the Board of Directors
FROM:John R. Gillison, City Manager
INITIATED BY: Mike McCliman, Fire Chief
Augie Barreda, Deputy Fire Chief
Michelle Cowles, Management Analyst II
SUBJECT: Consideration to Approve the Memorandum of Understanding Between the Scripps Institution of Oceanography and the Rancho Cucamonga Fire Protection District Relating to Site Access and Use of the All-Risk Training Center Tower. (FIRE)
RECOMMENDATION:

Staff recommends the Fire Board approve the Memorandum of Understanding between The Regents of the University of California, on behalf of the University of California, San Diego, for the benefit of its Scripps Institution of Oceanography (Scripps), and the Rancho Cucamonga Fire Protection District (District), to install, monitor and maintain a network of cameras and related equipment, including power and communication lines (Camera Network), at the All-Risk Training Center Tower.

BACKGROUND:

Scripps Institution of Oceanography at UC San Diego is an important center for global and regional earth science research and education worldwide. Scripps leads research in climate change impacts and adaptation, resilience to hazards, conservation and biodiversity, oceans and human health, national security, and innovative technology to observe the planet.

In collaboration with various corporate entities and public agencies, Scripps has established camera networks throughout California to observe systems that improve the understanding of environmental change and hazards such as earthquakes, tsunamis, hurricanes, and wildfires.

Scripps and the District would like to establish a Camera Network at the All-Risk Training Center Tower.

ANALYSIS:

The Fire District was contacted by Scripps in Fall 2022 to discuss the possibility of establishing a Camera Network at the All-Risk Training Center (ARTC) utilizing the training tower. The ARTC is an ideal location due to the proximity to and view of the San Bernardino National Forest, north of the City.

As part of the MOU, Scripts will install and maintain a “pan-tilt-zoom” Camera Network at the ARTC. This includes providing all related installation equipment, install all required power and communication lines, and reimburse the Fire District for all electrical power and any communication costs at agreed-upon intervals.

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The Fire District, as well as other public safety agencies (CONFIRE, San Bernardino County Sheriff's Department, and CAL FIRE) will have priority in using and manipulating the Camera Network at the ARTC in order to monitor fire conditions in the foothills and front country north of the City. The Fire District will also have access to view other cameras across Southern California in order to monitor fire activity in neighboring communities.

Scripps will also have access to the Camera Network in order to monitor fire hazards as part of their research. The Camera Network at the ARTC will be restricted from capturing or recording any images within the non-public in the immediate vicinity of any camera. The real-time footage created by the Camera Network will be broadcast publicly online, and any recordings made of footage will be saved, maintained, and provided by Scripps.

The Term of the MOU shall be effective February 15, 2023, through August 31, 2025, unless sooner terminated by mutual written agreement signed by both parties.

FISCAL IMPACT:

There is no fiscal impact to the Fire District. Scripts will install and maintain all equipment, software, software updates, required power, and communication lines. Scripts will reimburse the Fire District for the Camera Network's electrical power and communication costs at agreed-upon intervals.

COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:

This item brings together portions of the Council’s vision and core values by promoting a safe and healthy community for all by intentionally embracing and anticipating the future.

ATTACHMENTS:

Attachment 1 - RCFPD-MOU-UCSD CO #FD22-018

Rancho Cucamonga
Fire Protection District
CONTRACT NO.

CO FD 2022-018
Scripps Institution of Oceanography
Site Access and Us e M emorandum of Understanding
Between
The Regents of the University of California on be half of the University of California, San Diego and Rancho Cucamonga Fire Protection District
This Site Access and Use Memorandum of Understanding (“MOU”) is entered into as of February 15, 2023 by and between The Regents of the University of California on behalf of the University of California, San Diego, for the benefit of its Scripps Institution of Oceanography (collectively, “Scripps”), and Rancho Cuc amonga Fire Protection District (hereinafter “Owner”), for the purposes of installing, monitoring, and maintaining a network of cameras and related equipment including power and communication lines (“Camera Network”). Scripps and Owner may be referred to individually as “Party” and collectively as “Parties.” This MOU has been created to clearly define the respective roles, rights, duties and obligations for Scripps and Owner. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

I. Pur
pose
In
collaboration with various corporate entities and public agencies, Scripps has established camera networks throughout the state of California and now intends to establish a Camera Network at the area know n as “All-Risk Training Center Tower ,“ which is located in the City of Rancho Cucamonga, County of San Bernardino (hereinafter, the “Site”).

Owne
r hereby represents and warrants that it is the legal owner or authorized agent of the legal owner of the Site and has the right to grant to Scripps the rights to access the Site and conduct other activities thereon, as further described herein. Owner further represents and warrants that the permission of no third party is required to grant the rights granted hereunder.

Th
e Parties agree that Scripps will install and maintain a “pan-tilt-zoom” Camera Network at the Site. “First Responders” (defined as the Rancho Cucamonga Fire Protection District, San Bernardino County Sheriffs Department, CAL FIRE and such other public safety agencies and organizations as may be mutually agreed to in writing by the Parties) will have priority in the use and manipulation of the Camera Network within their respective jurisdictions. Scripps will also have control to manipulate the Camera Network (e.g., real- time camera data acquisition) , but w ill defer priority to First Responders. Control of the Camera Network and priority will be addressed at camera training workshops provided by Scripps. The footage created by the Camera Network will be broadcast publicly online, and any recordings made of such footage will be saved and maintained by Scripps. Scripps will maintain sole ownership of the Camera Network, which shall include, but shall not be limited to, all data, equipment, footage and all other elements associated therewith.

ATTACHMENT 1

R oles and Responsibilities
S
cripps and Owner each agree to use good faith efforts to be direct and proactive with each other in raising any concerns relating to this MOU. The respective obligations of the Parties, individually and jointly, are specified below:

A. T
hroughout the term of this MOU, Scripps agrees to perform the following tasks (at no out of pocket costs or expense to Owner):

1. P
rovide the Camera Network and all related installation equipmen t, install all required power and communication lines, and reimburse Owner for all electrical power and any communication costs at agreed-upon intervals.

2. Provide and update all software necessary for the full function of the Camera Network. This includes all firmware updates and patches from the camera vendor. Updates must be installed within sixty (60) days of release, subject to availability to Scripps.

3. P
rovide access to First Responders of any recordings or copies of recordings, in wh atever format made or kept , resulting from Scripps’ or First Responder’s use of the Camera Network.

4. U
se good faith efforts to ensure that First Responders have priority in the use and manipulation of the Camera Network on the Site. Access to the Camera Network by any entity other than First Responders or Scripps must first be authorized in writing by both Owner and Scripps. Owner and Scripps shall have the ability to add or remove users as needed and set forth above.

5. P
rovide audit logs to Owner that identify individuals that access the Camera Network.

6. T
ake reasonable and appropriate steps to secure access to the Camera Network provided that , at all times, Owner shall have full and complete access to the Site.

7. C
ooperatively work with Owner representatives to resolve any identified security vulnerabilities or configuration issues on the Camera Network that could present any health or safety risk to Owner.

8. C
amera Network will be installed by Scripps such that the Camera Network can be operated in accordance with this MOU.

9. C
omply with any and all responsibilities and obligations assigned to Scripps.

10. Perform maintenance on the Camera Network to ensure that the Camera Network remains in good working order. Maintenance will be conducted by Scripps using commercially reasonable methods and Scripps makes no promise or guarantees regarding any repair or maintenance timelines. All hardware replacements shall be provided by Scripps or its authorized vendor/supplier.

11. Scripps and its agents shall obtain and comply with all governmental permits, approvals and authorizations required by applicable governmental or quasi-governmental agencies for Scripps’ use of and access to the Site, as well as all Owner rules and regulations which may be provided in writing to Scripps from time to time.

12. Use good faith efforts to ensure that the Camera Network is not positioned or otherwise used in a manner at the Site which may constitute an invasion of privacy of Owner.

13. Notwithstanding anything to the contrary contained herein, the Parties expressly acknowledge and agree that Scripps shall not be responsible or held liable for any acts or omissions committed by a third party not specifically engaged, managed, or controlled by Scripps.

B. In addition to all other obligations set forth herein, throughout the term of this MOU, Owner agrees to:

1. Provide Scripps with unfettered access to the Site , following not less than twenty-four (24) hours’ prior telephonic or written notice to Owner, throughout the term of this MOU.

2. Provide adequate structure for Camera Network installation (the Camera Network’s hardware and maintenance of the Camera Network will be at no cost to Owner).

3. Promptly notify Scripps of any issue (or potential issue) of any kind or nature which might impact Scripps’ use of the Site , the Camera Network or any other rights granted to Scripps hereunder.

4. Comply with any and all responsibilities and obligations assigned to Owner.

5. Ensure that no objects, apparatuses, equipment, buildings, structures (temporary or permanent) or activities of any kind or nature, are placed,

erected or conducted (as applicable) at the Site in a mann er which might damage, disrupt or otherwise interfere with the Camera Network, the footage derived therefrom or any other activities that Scripps may conduct as provided hereunder.

C. The Parties mutually agree to:

1. Use good faith efforts to w ork in a collaborative and timely manner to support each other in carrying out the goals and purposes of this MOU.

2. Comply with any and all responsibilities and obligations assigned to the Parties as further described in Paragraph IV hereinbelow.

II. Term of MOU

This MOU shall be effective as of December 15, 2022 and shall remain in effect through August 31, 2025, unless sooner terminated as provided hereunder, or extended by a separate, subsequent mutual written agreement signed by both Parties. Except as expressly provided herein, either Party may terminate this MOU with or without cause at any time by providing not less than thirty (30) days advance written notice to the other Party.

III. Miscellaneous Terms and Conditions

1. Project Specifications: All equipment and fabrications will be provided by Scripps after a Site survey is completed.

A. Operational Requirements and Specifications:

1. Scripps will provide 10Mbps symmetric connectivity to cameras installed at the Site.

2. Scripps must use good faith and commercially reasonable efforts to restrict the Camera Network from capturing or recording any images within the non-public areas of any personal residences located in the immediate vicinity of any camera which is part of the Camera Network.

3. Scripps must ensure that the exact tower locations of the Camera Network are not shared publicly by Scripps (or its employees, agents or representatives). Any geo- coordinates publicly disclosed by Scripps must be at least one-half (½) mile away from the actual location of the applicable tower and vary in direction for each such tower. Notwithstanding the foregoing, Scripps may share exact tower locations with First Responders.

B. Jurisdiction and Venue

This MOU shall be construed in accordance with the laws of the State of California and the Parties hereto agree that venue shall be in the County of San Bernardino, California.

C. Confidentiality

1. Maintenance of Confidential Information.

Confidential information may consist of information that is either oral or written or both. Any confidential information disclosed in writing shall be clearly marked by the disclosing party as “Confidential Information.” Any confidential information orally disclosed shall be reduced to writing by the Disclosing Party with a copy marked “Confidential Information” provided to the Receiving Party within thirty (30) days. Notwithstanding the foregoing, any c onfidential information which is not marked as “Confidential” shall be deemed “Confidential Information” if such information would be considered by a reasonable person in the relevant field to be confidential given its content and the circumstances of its disclosure.

2. The Receiving Party hereby agrees:
a. not to use the Confidential Information for any purpose whatsoever except as may be required in the performance of any of the Receiving Party’s obligations hereunder,
b. to safeguard Confidential Information against disclosure to others with the same degree of care as it exercises with its own confidential information of a similar nature; and
c. not to disclose Confidential Information to others (except to its employees, agents, or consultants who are on a need -to-know basis and bound to by an obligation of confidentiality consistent with the terms of this MOU) without the express written permission of the Disclosing Party.

3. Except that the Receiving Party shall not be prevented from using or disclosing any Confidential Information:
a. which the Receiving Party can demonstrate by written records was previously known to it;
b. which is now, or becomes in the future, public knowledge other than through the acts or omissions of the Receiving Party; or c. which is lawfully obtained by the Receiving Party from sources independent of the Disclosing Party;

d. which the Receiving Party can demonstrate was independently developed by employees of the Receiving Party;
e. which is required by law (including, but not limited to, the California Public Records Act or the order of a court of competent jurisdiction) to be disclosed.

4. It is further agreed that the furnishing of Confidential Information by the Disclosing Party shall not constitute any grant or license to the Receiving Party under any legal rights now or hereinafter held by the Disclosing Party.

5. The Parties agree to abide by all applicable United States export control regulations. Notwithstanding the foregoing, no export -controlled materials or information/data shall be transferred from one Party to the other under this MOU.

D. Access to Records/Retention

For the purposes of auditing and compliance with the California Public Records Act (Govt. Code § 6250, et seq.), Owner shall have access to any records created or maintained by Scripps as a result of the installation and use of Camera Network, and any request therefor may be informally made by Owner in writing. Except where longer retention is required by any applicable federal or state law, or any “litigation hold” notice, Scripps shall maintain all required records for at least three (3) years after expiration or other termination of this MOU.

E. Mutual Indemnification
Owner agrees to defend, indemnify and hold Scripps (including its officers, agents, employees and representatives) harmless from and against any and all claims, liability, loss, expense, reasonable attorneys' fees, including any claims for personal injury or pr operty damages, which may be asserted by a third party (collectively, “Third Party Claim”) arising out of Owner’s performance of this MOU, but only in proportion to and to the extent such Third Party Claim is caused by or results from the negligent or inte ntional acts or omissions of Owner , its officers, agents or employees.

Scripps agrees to defend, indemnify, and hold harmless Owner and Owner’s officers, agents, employees, and representatives from and against any and all Third Party claims arising out of Scripps’ performance of this MOU, but only in proportion to and to the extent such Third Party Claim is caused by or results from the negligent or intentional acts or omissions of Scripps, its officers, agents , contractors, or employees.

This Section F shall survive the expiration or earlier termination of this MOU.

F. Limitation of Liability

EXCEPT AS EXPRESSLY PROVIDED IN TH IS MOU, NEITHER PARTY

MAKES ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, AND

EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

EXCEPT AS OTHERWISE PROVIDED HEREUNDER OR AS MAY BE

REQUIRED BY APPLICABLE LAW, OW NER SHALL HAVE NO DUTY TO

INSPECT THE SITE AND SHALL HAVE NO DUTY TO WARN ANY PERSON

OF ANY LATENT OR PATENT DEFECT, CONDITION OR RISK THAT MAY

EXIST IN OR ON THE SITE , OR THAT MIGHT BE INCURRED IN THE EXERCISE OF THE RIGHTS GRANTED HEREIN. OWNER SHALL HAVE NO

DUTY NOR RIGHT TO MAINTAIN NOR OPERATE THE CAMERA
NETWORK.

Except with respect to any indemnification obligations which may arise hereunder and any claims asserting fraud, willful misconduct or breach of confidentiality obligations, neither Party shall have any liability to the other Party (nor to any third party) for any and all claims under any legal theory whatsoever (including, but not limited to, claims for negligence and breach of contract) arising from or related to this MOU , except that, if the claim arises from a fire deliberately started by Scripps during the operation, installation or maintenance of the Camera Network, and/or arising out of the gross negligence or willful misconduct committed by Scripps during its access to the Site, the limitation of liability in this sentence will not apply.

In addition, if any claim arises from the Owner’s gross negligence or willful misconduct, this limitation of liability shall not apply.

G. MOU and License Not Assignable; No Third Party Beneficiary.

The license and all rights and permissions granted under this MOU is personal to Scripps and shall not be assigned to any third party without the prior written consent of Owner, which consent may not be unreasonably withheld. Any attempt to assign the MOU or license without such written consent shall result in automatic termination of this MOU. No legal title or leasehold interest in the Site is created or vested in Scripps by the grant of access nor any other provision of this MOU, nor shall this MOU be construed as a dedication to the public of any portion of the Site.

This MOU is not intended to create, nor shall it be construed to create, any third party beneficiary of any kind nor confer any rights in any person or entity which is not an express Party hereto.

H. Insurance.

Upon request, Scripps will provide evidence of self-insurance coverage (Certificate of Self -Insurance Coverage) issued pursuant to the program of self -insurance maintained by the Regents of the University of California.

If requested by Scripps , Owner shall provide valid evidence sufficient to prove its ownership interests in and to the Site, including its right to enter into this MOU and grant the rights herein granted.

I. Entire Agreement; Counterparts.

This MOU represents the entire understanding between the Parties and shall supersede all prior understandings or commitments, written or oral, with respect to the subject matter set forth herein. Notwithstanding anything to the contrary contained herein, each Party enters into this MOU with the intent to be bound by all of the terms and conditions set forth herein. This MOU shall be binding upon and inure to the benefit of the Parties’ respective successors and permitted assigns. In addition, this MOU may be executed in two or more counterparts, each of which shall be deemed an original , but all of which together shall constitute one and the same instrument.

Acknowledged and agreed:

For Scripps:

___________________________________ ________________
Signature Date
____________________________________
Print Name and Title

For Owner:

___________________________________ ________________
Signature Date
___________________________________
Print Name and Title

DATE:February 15, 2023
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Jennifer Hunt Gracia, Community Services Director SUBJECT: Consideration of a Professional Service Agreement with Upbeat Parade Productions for the 2023, 2024, and 2025 Founders Day Community Parade in an Amount Not to Exceed $60,000. (CITY)
RECOMMENDATION:

Staff recommends the City Council approve the execution of a Professional Service Agreement (PSA) for parade management with Upbeat Parade Productions for the 2023, 2024, and 2025 Founders Day Community Parade and authorize an expenditure of $20,000 per year for the next three years, totaling an amount not to exceed $60,000.

BACKGROUND:

The Community Services Department annually commemorates the City of Rancho Cucamonga’s incorporation with a community parade. This long-standing community event is held on the second Saturday of November.

Since 2011, Upbeat Parade Productions has successfully provided the Community Services Department with entry administration, logistics, and staffing for this event.

ANALYSIS:

Staff is recommending the approval and execution of the PSA with Upbeat Parade Productions.

The support provided by Upbeat Parade Productions alleviates many hours of work related to parade preparation, entry management, logistics, and management on the day of the event.

Staffing resources in the Community Services Department are limited. Without Upbeat Parade Productions, additional staffing resources would be required.

The contract is on file with the City Clerk’s office.

FISCAL IMPACT:

This contract will cost the City $20,000 each year for the 2023, 2024, and 2025 Founders Day Community Parade for a total amount not to exceed $60,000 from account number 1001406- 5300/5415406-06005300 (Community Services Special Events Contract Services).

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

The Founders Day Community Parade supports the City Council Core Value of building and preserving a family-oriented atmosphere.

ATTACHMENTS:

None.

DATE:February 15, 2023
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Wess Garcia, Acting Library Director
Jennifer Hunt Gracia, Community Services Director
Shelly Munson, Director of Innovation and Technology
SUBJECT: Consideration of an Increase to Contract No. 18-121 for KWALL, LLC in the Amount of $77,500 for Additional Subsites to the City Website for the Lewis Family Playhouse and Randall Lewis Second Story and Beyond ®, and to Authorize an Appropriation in the Amount of $38,750. (CITY) RECOMMENDATION:

City Staff recommends the City Council approve an increase to Contract No. 18-121 for KWALL, LLC in the amount of $77,500 for additional subsites to the City website for the Lewis Family Playhouse and Randall Lewis Second Story and Beyond ®, and to authorize an appropriation in the amount of $38,750.

Staff recommends the City Council:

1. Approve an increase to KWALL, LLC Contract No. 18-121 for $77,500.

2. Authorize the appropriation of $38,750 for website upgrades.

BACKGROUND:

In 2005, the Lewis Family Playhouse oversaw a marketing and sales-driven website (www.lewisfamilyplayhouse.com and vgculturalcenter.com) that assisted in marketing and driving ticket sales. During the pandemic, the Lewis Family Playhouse was required to shut down the facility and related marketing-based website. The Playhouse is currently using a limited template- based page on the City’s current website. As operations are opening and performances at the Playhouse are commencing, the current website template is unable to showcase the graphics and drive ticket sales needed to sell out performances and reach new target audiences. A marketing, sales-based website is needed to increase sales, convert viewers to ticket buyers, and engage a larger audience.

The Library Services Department is in process of developing a fee-based interactive discovery museum, the Randall Lewis Second Story and Beyond® (SSAB). This fee-based service is similar in scope to the Lewis Family Playhouse and would benefit from web-based features comparable to that of the Playhouse’s website. Both services are seeking marketing features that will entice and increase ticket sales over time, communicate with current and future members and donors, and assist in the organization of large-scale school group visits. Comparable services at other playhouses and museums, utilize websites that effectively communicate the unique experiences they are offering their visitors.

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In October 2018, City Council awarded Contract No. 18-121 to KWALL, LLC for the development of the City website. Council also approved staff to move forward with Addendum No. 001 to provide an additional 400-hour block of technical service hours for the remainder of the agreement. KWALL, LLC has in-depth knowledge of the existing City requirements to connect the City’s equipment and digital infrastructure. They are uniquely qualified to perform the requested website additions as they were originally contracted during the construction phase of the current city website and have been involved in ongoing maintenance and upgrades.

ANALYSIS:

Staff is recommending an amendment to the current KWALL, LLC contract, adding hours of work to design and build a subsite for the Lewis Family Playhouse and a subsite for the Randall Lewis Second Story and Beyond®. KWALL, LLC has a familiarity with the current system and can save associated project costs, including project design and seamless integration and compatibility with existing systems and continued cyber security. The objective is to extend the current site with the “multisite” approach to add two new subsites to the current platform. The scope of work outlines the approach to two new subsites with unique features that inherit the current City site content creation tools and systems to save on development costs and maintenance by sharing a basic codebase. The website services will consist of two different URLs, one for the Lewis Family Playhouse and one for the Randall Lewis Second Story and Beyond ® discovery museum. The additional subsites will be housed on the greater City platform.

The following scope will be included with the requested amendment:
1) Extend the current site codebase to run as a multisite system ($7,500) 2) Create the Lewis Family Playhouse website ($35,000)
3) Create the Randall Lewis Second Story and Beyond ® website ($35,000) The scope of work for this bid award includes creative strategy and project management, web design (page and theme design), back-end development architecture and data, media features, primary and responsive website theme front-end implementation, quality assurance and accessibility testing, and staff training.

Copies of all supporting documents are on file with the City Clerk’s Office.

FISCAL IMPACT:

The total estimated cost for both projects shall not exceed $77,500. •Adequate funds of $38,750 are available in the adopted Fiscal Year 2022/23 Budget for the Playhouse website from the General Fund (01) in account number 1001407-5300/5320407- 07395300.
•An appropriation of $38,750 for the Randall Lewis Second Story and Beyond ® website project is needed:
o Transfer $38,750 from Library Fund (290) 1290601-9329 to Library Capital Fund (329) 1329000-8290
o Increase Library Capital Fund Budget for Second Story and Beyond® project $38,750:
1329601-5650/1867329-0
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

These new websites will address the City Council Core Values of intentionally embracing and anticipating the future and building and preserving the City’s family-oriented atmosphere.

ATTACHMENTS:

None.

DATE:February 15, 2023
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Elisa Cox, Assistant City Manager
Jennifer Hunt Gracia, Community Services Director
William Wittkopf, Public Works Director
SUBJECT: Consideration for Approval of Amendment No. 2 to the 2011 Amended and Restated Lease Agreement 09-253 with Rancho Baseball, LLC.

RECOMMENDATION:

Staff recommends City Council approve Amendment No. 2 to the 2011 Amended and Restated Lease Agreement with Rancho Baseball, LLC, which modifies the current contract language addressing parking space and concessions as well as the addition for the City to procure and install, at its own cost, a replacement right-field scoreboard with video display capabilities.

BACKGROUND:

In 1992, Valley Baseball Club, Inc entered into a Lease Agreement with the City of Rancho Cucamonga to lease City-owned property at the Adults Sports Center for the development and operations of the Quakes minor league baseball team.

On July 15, 2009, the City Council approved an Assignment and Assumption of Lease and Consent to Lease Agreement between Valley Baseball Club, Inc., Rancho Baseball LLC, and the City, which transferred the amended lease agreement to the team’s new owners, Rancho Baseball, LLC (Quakes). This lease transfer, scheduled to expire on September 30, 2012, was necessary following the sale of the Quakes business from Valley Baseball Club, Inc to Rancho Baseball, LLC.

In 2011, the Lease Agreement was amended to cover a period of ten (10) years, with an option to renew the lease for five (5) more years, commencing October 1, 2021 ANALYSIS:

In 2022, Rancho Baseball, LLC submitted a request to the City to replace the original right-field video scoreboard due to ongoing technical failures and discontinued parts reducing the effectiveness and use for gameday entertainment. Together, the City and Quakes worked to modify language in the amended lease agreement specific to parking lots and concessions. The amendment includes the following:
•City’s procurement and installation of a new right field scoreboard and Tenant’s maintenance responsibilities for hardware and software to operate the board. •Removal of designated parking lots on game days replaced with a ratio of one (1) parking

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space to every four (4) seats in the stadium within the Epicenter Complex. •Removal of the requirement to charge a sum not to exceed six dollars ($6.00) per vehicle for parking.
•Includes an option for City and/or third-party use of concession areas and equipment upon mutually agreeable terms for non-game day use of the stadium. •Integration of a 2018 amendment to the Original Lease in 1999, addressing advertising and signs.

Copies of all supporting documents are on file with the City Clerk’s Office.

FISCAL IMPACT:

The total estimated cost to include the amendment modification for the purchase and installation of a new scoreboard shall not exceed $700,000 from account 1119401-5603 COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

This project supports the City Council’s vision of continuing to provide and nurture a high quality of life for all by working together cooperatively and respectfully with stakeholders.

ATTACHMENTS:

None.

2/15/2022 REGULAR CITY COUNCIL MEETING - ITEM D12 - ADDITIONAL MATERIAL

DATE:February 15, 2023
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Jennifer Hunt Gracia, Community Services Director SUBJECT: Consideration of Approval of Amendment No. 4 to Contract 19-072 with SMG – Rancho Cucamonga Premier Food Services LLC and to Extend the Expiration Date of Amendment No. 1 by Five (5) Months until June 30, 2023. (CITY)
RECOMMENDATION:

Staff recommends City Council approve Amendment No. 4 to Contract 19-072 with SMG – Rancho Cucamonga Premier Food Services LLC, extending the term of Amendment 1, entered into on September 15, 2021, for five (5) months through June 30, 2023.

BACKGROUND:

On September 15, 2021, the City Council authorized a one (1) year agreement, Amendment No. 1, to Contract 19-072, with SMG Rancho Cucamonga Premier Food Services LLC (SMG) to provide comprehensive management and operations of the Celebration Hall, Imagination Courtyard, Black Box Theatre and Main Street Lobby spaces at a revenue stream to the City in the amount of $20,000 per month or 25% of all gross receipts per month from room rentals, catering, etc.

On September 14, 2022, City Council authorized a three (3) month extension, Amendment No. 2, to the aforementioned leased agreement, which expired on December 31, 2022.

On January 18, 2023, City Council authorized a one (1) month extension, Amendment No. 3, to the aforementioned lease agreement, which will expire on January 31, 2023.

ANALYSIS:

Staff is recommending approval of Amendment No. 4, a five (5) month extension, to Amendment No. 1 of Contract 19-072 with SMG for the management and operations of designated spaces within Victoria Gardens Cultural Center that will conclude on June 30, 2023 with a financial wind down totaling $30,000 revenue over the five (5) month extension. SMG’s exclusive right to provide food and beverage service as outlined in Contract 19-072 will remain in effect until May 20, 2024.

Copies of all supporting documents are on file with the City Clerk’s Office.

FISCAL IMPACT:

The approval of this Amendment is expected to provide revenue to the City, which will be reinvested in the community recreation and cultural programming.

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COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

This project supports the City Council’s vision of continuing to provide and nurture a high quality of life for all, by making the City’s facilities available for events, and generating new revenue to the City for enhanced community programming.

ATTACHMENTS:

None.

DATE:February 15, 2023
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Trina Valdez, Utilities Operations Supervisor
SUBJECT: Consideration of Amendment No. 07 to the Agreement with Pacific Utility Installation, Inc. (CO#19-085) in the Amount of $565,450, Plus a 10% Contingency and Appropriation of Funds in the Amount of $622,050 from the Municipal Utility Fund (Fund 705) for Multiple RCMU Line Extension Projects. (CITY)
RECOMMENDATION:

Staff recommends that the City Council:

1. Approve the plans and specifications for Speedway Commerce Center, 11770 Arrow Route and Fire Station 178 (Projects) on file with the City Engineer;

2. Award and authorize the execution of an amendment to the existing agreement with Pacific Utility Installation, Inc. (CO19-085), the lowest responsive bidder for the Projects, in the total amount of $565,450;

3. Authorize the expenditure of a 10% contingency in the amount of $56,600; and

4. Authorize an appropriation in the amount of $622,050 to Accounts 17053035650/2118705-0 (Capital Projects-Speedway Commerce Center), 17053035650/2119705-0 (Capital Projects-11770 Arrow Route) and 17053035650/2120705-0 (Capital Projects-Fire Station #178) from the Municipal Utility Fund (Fund 705).

BACKGROUND:

RCMU is preparing to serve three new developments:

1. A warehouse located at 13120 Napa Street (Speedway Commerce Center);

2. A warehouse located at 11770 Arrow Route; and

3. Fire Station #178 located at Town Center Drive and Terra Vista Parkway In order to serve these developments, new cabling infrastructure, including cables, connection and transformers needs to be completed in order to serve these developments with power and fiber broadband. The cabling improvements will be paid for by the developers of each project.

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ANALYSIS:

A request for proposals for Project Bid 1 – Speedway Commerce Center and Project Bid 2 – 11770 Arrow Route and Fire Station 178 were prepared and sent out to RCMU’s three (3) pre- qualified vendors on January 19, 2023. On February 3, 2023, three (3) bids were received for the Projects. Staff reviewed the bids and found Pacific Utility Installation, Inc. as the lowest responsive bidder on both projects. Staff finds the bids to be reasonable and meets the requirements of the bid documents. A copy of Amendment No. 07 to the Agreement with Pacific Utility Installation, Inc. is on file with the City Clerk’s Office.

FISCAL IMPACT:

Appropriations in the following amounts are required to fully fund the projects:

1. $454,150 from the Rancho Cucamonga Municipal Utility Fund (Fund 705) to Account No. 1705303-5650/2118705-0 (Capital Projects-Speedway Commerce Center);

2. $84,300 from the Rancho Cucamonga Municipal Utility Fund (Fund 705) to Account No. 1705303-5650/2119705-0 (Capital Projects-11770 Arrow Route); and

3. $83,600 from the Rancho Cucamonga Municipal Utility Fund (Fund 705) to Account No. 1705303-5650/2120705-0 (Capital Projects – Fire Station #178).

As noted above, these expenses will be reimbursed by the developers for the Speedway Commerce Center and 11770 Arrow Route projects and the Rancho Cucamonga Fire District for the Station #178 project.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

This item addresses the City Council’s vision for the City by ensuring the construction and maintenance of high-quality public improvements that promote a world class community.

ATTACHMENTS:

None.

DATE:February 15, 2023
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Frank A Lopez, Principal Civil Engineer/Assistant City Engineer Romeo M. David, Associate Engineer
SUBJECT: Consideration to Accept Public Improvements as Complete, File a Notice of Completion, and Authorize Release of Bonds for the FY2021-22 Major Arterials Pavement Rehabilitation Project. (CITY)
RECOMMENDATION:

Staff recommends that the City Council

1. Accept the FY2021-22 Major Arterials Pavement Rehabilitation Project, Contract No. 2022-047 (Project), as complete;

2. Approve the final contract amount of $1,279,680;

3. Authorize the City Engineer to file a Notice of Completion and release of the project retention, 35 days after the recordation of Notice of Completion, subject to any withholding requirements due to any outstanding stop notices, liens, assessments, etc.;

4. Authorize the release of the Faithful Performance Bond 35 days after the recordation of Notice of Completion and accept a Maintenance Guarantee Bond;

5. Authorize the release of the Labor and Materials Bond in the amount of $1,315,000, six months after the recordation of said notice if no claims have been received and there are no outstanding payment disputes between the general contractor and subcontractors, materialmen, laborers, etc.;

6. Authorize the City Engineer to approve the release of the Maintenance Bond one year following the filing of the Notice of Completion if the improvements remain free from defects in material and workmanship.

BACKGROUND:

On May 4, 2022, the City Council awarded a construction contract to Hardy and Harper, Inc., in the amount of $1,315,000 plus a 5% contingency in the amount of $65,750 to address unforeseen construction-related incidentals, for the FY2021-22 Major Arterials Pavement Rehabilitation Project. A vicinity map illustrating Haven Avenue, Cherry Avenue, and 6 th Street, which received pavement overlay is included as Attachment 1. A copy of the May 4, 2022, City Council Staff Report is on file with the City Clerk. The scope of work consisted of cold milling, routing and crack sealing, asphalt rubber hot mix overlay, adjusting existing manholes, clean-outs, water meters, and valves to new grade, installation of pavement markers, signage, striping, upgrading existing curb ramps, green bike lane thermoplastic striping and other related items of work per plans.

1 6
8 3
ANALYSIS:

The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. The net increase in the total cost of the project is a result of five (5) Change Orders, including the final balancing statement, which is summarized below:

Change Order No.1: Caltrans Encroachment Permit to pave under the I-15 Freeway. The change in contract cost due to this change order is an increase of $2,500.

Change Order No.2: Colored concrete pavement to match existing concrete entrance. The change in contract cost due to this change order is an increase of $3,157.

Change Order No.3: Additional thermoplastic crosswalks and striping. The change in contract cost due to this change order is an increase of $1,943.

Change Order No.4: Additional pedestrian push button assemblies to comply with ADA regulations. The change in contract cost due to this change order is an increase of $4,710.

Change Order No.5: The balancing statement for the project. The balancing statement conforms the final contract quantities to the actual quantities placed or constructed during the contract. The notable change is a deduct in the amount of ($47,630) resulting from a reduction of Asphalt Rubber Hot Mix in the final quantities placed under contract.

At the end of the one-year maintenance period, if the improvements remain free from defects in materials and workmanship, the City Clerk will release the Maintenance Bond upon approval by the City Engineer.

FISCAL IMPACT:

A total of $1,496,850 was available for the FY2021-22 Major Arterials Pavement Rehabilitation Project. The total funding for this project is identified under Capital Improvement Project Account No’s. and in the amount listed below:

Account No. Funding Source Description Amount
11743035650/2072174-0 Gas Tax R&T 7360
Fund (174)
Haven Avenue $ 899,858
11743035650/2071174-0 Gas Tax R&T 7360
Fund (174)
6th Street $ 155,542
11743035650/2070174-0 Gas Tax R&T 7360
Fund (174)
Cherry Avenue $ 378,050
11773035650/1150177-0 Measure I Fund
(177)
ADA Ramps $ 63,400
Total Project
Funding
$1,496,850

1 6
8 3
The final project costs total $1,394,339 as shown below:

Expenditure Amount
Final Construction Contract $1,279,680
Construction Inspection Services $ 74,004
Construction Materials Testing $ 29,810
Construction Survey Services $ 10,845
Total Project Cost $1,394,339
An amount of $102,511, remains in the budget for this project and will be returned to the Gas Tax (Fund 174) and Measure I (Fund 177) fund balances to be used for future capital improvement projects.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

This project meets our City Council core values by promoting and enhancing a safe and healthy community for all, and by providing continuous improvement through the construction of high- quality public improvements.

ATTACHMENTS:

Attachment 1 – Vicinity Map

ATTACHMENT 1
PROJECT# 800-2022-036
" FY2021-22 MAJOR ARTERIALS PAVEMENT REHABILITATION PROJECT” Haven Avenue – From Lemon Avenue to Wilson Avenue
Cherry Avenue – From Wilson Avenue to City Limit (I-15 FWY) 6th Street – From Charles Smith Avenue to Hyssop Drive

NOT TO SCALE
Project Site
Project Site
Project Site
Project Site

DATE:February 15, 2023
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Annette Cano-Soza, Assistant Engineer
SUBJECT: Consideration of an Improvement Agreement and Improvement Securities for Street Improvements, Order the Annexation to Landscape Maintenance District No. 7 and Street Light Maintenance Districts Nos. 1 and 2 Related to Case No. DRC2020-00022, Located at 5686 San Marino Way. This item is exempt from the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines under CEQA Section 15303 – New Construction or Conversion of Small Structures. (RESOLUTION NO. 2023-009) (RESOLUTION NO. 2023-010) (RESOLUTION NO. 2023- 011). (CITY)
RECOMMENDATION:

Staff recommends that the City Council:

1. Approve an Improvement Agreement for related public improvements and authorize the Mayor and the City Clerk to sign said agreement; and

2. Accept security in the form of bonds for completion of the related public improvements.

BACKGROUND:

On February 8, 2021, the Planning Department approved Case No. DRC2020-00022 for the construction of a 2,979 square-foot single family residence with an attached 2 car garage located at 5686 San Marino Way.

Case No. DRC2020-00022 was approved with a condition that certain public improvements be constructed including a driveway approach, ADA ramp and trail improvements.

ANALYSIS:

The developer, Erika L. Booth and Russell Ronald Jr. Booth have submitted an Improvement Agreement and securities to guarantee construction of the off-site public improvements in the following amounts:

Faithful Performance Bond No. PB11510501321 $11,500
Labor and Material Bond No. PB11510501321 $11,500
Approval of this item by Council would approve the Improvement Agreement, accept the securities for the construction of certain public improvements and order the annexation into Landscape

1 6
6 7
Maintenance District 7 and Street Light Maintenance Districts 1 and 2. Copies of the Improvement Agreement and Annexation Forms are on file in the City Clerk’s Office.

ENVIRONMENTAL ANALYSIS:

Pursuant to the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines, the Planning Department staff has determined that the project is categorically exempt as it qualifies as a Class 3 exemption under State CEQA Guidelines, Section 15303 – New Construction or Conversion of Small Structures which covers the construction of single-family residences in a residential zone.

FISCAL IMPACT:

The proposed annexations would supply additional annual revenue into the landscape and street light maintenance districts in the following amounts:

Landscape Maintenance District No. 7: $307.05
Street Light Maintenance District No. 1: $ 17.77
Street Light Maintenance District No. 2: $ 39.97
No new street lights or street trees will be installed with this project.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

This item addresses the City Council’s vision for the City by ensuring the construction of high- quality improvements that promote a world class community.

ATTACHMENTS:

Attachment 1 - Vicinity Map
Attachment 2 - Resolution Ordering Annexation LMD 7
Attachment 3 - Resolution Ordering Annexation SLD 1
Attachment 4 - Resolution Ordering Annexation SLD 2

ATTACHMENT 1
Vicinity Map
DRC2020-00022

NOT TO SCALE
Project Site

Resolution No. 20XX-XXX – Page 1 of 5 ATTACHMENT 2 RESOLUTION NO. 20XX - XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE

ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA) FOR
CASE NO. DRC2020-00022
WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the “Landscape and Lighting Act of 1972”, being Division 15, Part 2 of the Streets and Highways Code of the State of California (the “Act”, said special maintenance district known and designated as Landscape Maintenance District No. 7 (North Etiwanda) (the “District”); and
WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and
WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer’s report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and
WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California (“Article XIII D”) establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and
WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the “Territory”) be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the “Improvements”); and
WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled “Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property” (the “Consent and Waiver”); and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and

Resolution No. 20XX-XXX – Page 2 of 5
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that:
(1) The proportionate special benefit derived by each parcel in the Territory from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements; (2) The proposed annual assessment does not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Territory. (3) Only the special benefits derived or to be derived by each parcel in the Territory from the Improvements have been included in the proposed annual assessment.

WHEREAS, at this time the City Council desires to order the annexation of the Territory to the District and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS:

SECTION 1: That the above recitals are true and correct.

SECTION 2: The City Council hereby finds and determines that:
a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements.
b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement.
c.Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments.

SECTION 3: This legislative body hereby orders the annexation the Territory to the District, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C.

SECTION 4: All future proceedings of the District, including the levy of all assessments, shall be applicable to the Territory.

PASSED, APPROVED, AND ADOPTED this day of 2023.

Resolution No. 20XX-XXX – Page 3 of 5
Exhibit A
Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is:

BOOTH, ERIKA L & BOOTH, RUSSELL RONALD JR
The legal description of the Property is:

TRACT 13565-2 LOT 43 EX ST
Assessor’s Parcels Numbers of the Property:
0226-231-54

Resolution No. 20XX-XXX – Page 4 of 5
Exhibit B
Description of the District Improvements
Fiscal Year 2022/23
Landscape Maintenance District No. 7 (North Etiwanda):

Landscape Maintenance District No. 7 (North Etiwanda) (the “Maintenance District”) represents landscape sites throughout the Etiwanda North Area.

The various sites maintained by the district consist of parkways, median islands, paseos, street trees, community trails and Etiwanda Creek Park.

Proposed additions to the Improvements for Project Case No. DRC2020-00022:

NONE

Resolution No. 20XX-XXX – Page 5 of 5
Exhibit C
Proposed Annual Assessment
Fiscal Year 2022/23
Landscape Maintenance District No. 7 (North Etiwanda):

The rate per Equivalent Benefit Unit (EBU) is $307.05 for the fiscal year 2022/23. The following table summarizes the assessment rate for Landscape Maintenance District No. 7 (North Etiwanda) for Case No. DRC2020-00022:

Land Use Basis
EBU
Factor*
Rate per
EBU*
Single Family Residential Parcel 1.00 $307.05
The proposed annual assessment for the property described in Exhibit A is as follows:
1 Parcels x 1.00 EBU Factor x $307.05 Rate per EBU = $307.05 Annual Assessment

Resolution No. 20XX-XXX – Page 1 of 5 ATTACHMENT 3 RESOLUTION NO. 20XX - XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE

ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT
MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) FOR
CASE NO. DRC2020-00022
WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the “Landscape and Lighting Act of 1972”, being Division 15, Part 2 of the Streets and Highways Code of the State of California (the “Act”, said special maintenance district known and designated as Street Light Maintenance District No. 1 (Arterial Streets) (the “District”); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and
WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer’s report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and
WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California (“Article XIII D”) establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and
WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the “Territory”) be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the “Improvements”); and
WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled “Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property” (the “Consent and Waiver”); and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and

Resolution No. 20XX-XXX – Page 2 of 5
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that:
(1) The proportionate special benefit derived by each parcel in the Territory from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements; (2) The proposed annual assessment does not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Territory. (3) Only the special benefits derived or to be derived by each parcel in the Territory from the Improvements have been included in the proposed annual assessment.

WHEREAS, at this time the City Council desires to order the annexation of the Territory to the District and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS:

SECTION 1: That the above recitals are true and correct.

SECTION 2: The City Council hereby finds and determines that:
a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the
Improvements.
b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. c. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments.

SECTION 3: This legislative body hereby orders the annexation the Territory to the District, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C.

SECTION 4: All future proceedings of the District, including the levy of all assessments, shall be applicable to the Territory.

PASSED, APPROVED, AND ADOPTED this day of 2023.

Resolution No. 20XX-XXX – Page 3 of 5
Exhibit A
Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is:

BOOTH, ERIKA L & BOOTH, RUSSELL RONALD JR
The legal description of the Property is:

TRACT 13565-2 LOT 43 EX ST
Assessor’s Parcels Numbers of the Property:
0226-231-54

Resolution No. 20XX-XXX – Page 4 of 5
Exhibit B
Description of the District Improvements
Fiscal Year 2022/23
Street Light Maintenance District No. 1 (Arterial Streets):

Street Light Maintenance District No. 1 (Arterial Streets) (the “Maintenance District”) is used to fund the maintenance and/or installation of street lights and traffic signals located on arterial streets throughout the City. These sites consist of several non-contiguous areas throughout the City.

The sites maintained by the district consist of street lights on arterial streets and traffic signals on arterial streets within the rights-of-way or designated easements of streets dedicated to the City.

Proposed additions to the Improvements for Project Case No. DRC2020-00022:

NONE

Resolution No. 20XX-XXX – Page 5 of 5
Exhibit C
Proposed Annual Assessment
Fiscal Year 2022/23
Street Light Maintenance District No.1 (Arterial Streets):

The rate per Equivalent Benefit Unit (EBU) is $17.77 for the fiscal year 2021/22. The following table summarizes the assessment rate for Street Light Maintenance District No.1 (Arterial Streets) for Case No. DRC2020-00022:

Land Use Basis
EBU
Factor*
Rate per
EBU*
Single Family Residential Parcel 1.00 $17.77
Multi-Family Residential Parcel 1.00 17.77
Non-Residential Acre 2.00 17.77
The proposed annual assessment for the property described in Exhibit A is as follows:
1 Parcel x 1.00 EBU Factor x $17.77 Rate per EBU = $17.77 Annual Assessment

Resolution No. 20XX-XXX – Page 1 of 5 ATTACHMENT 4 RESOLUTION NO. 20XX - XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE

ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT
MAINTENANCE DISTRICT NO. 2 (LOCAL STREETS) FOR CASE
NO. DRC2020-00022
WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the “Landscape and Lighting Act of 1972”, being Division 15, Part 2 of the Streets and Highways Code of the State of California (the “Act”, said special maintenance district known and designated as Street Light Maintenance District No. 2 (Local Streets) (the “District”); and
WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and
WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer’s report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and
WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California (“Article XIII D”) establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and
WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the “Territory”) be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the “Improvements”); and
WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled “Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property” (the “Consent and Waiver”); and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared

Resolution No. 20XX-XXX – Page 2 of 5
support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that:
(1) The proportionate special benefit derived by each parcel in the Territory from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements; (2) The proposed annual assessment does not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Territory. (3) Only the special benefits derived or to be derived by each parcel in the Territory from the Improvements have been included in the proposed annual assessment.

WHEREAS, at this time the City Council desires to order the annexation of the Territory to the District and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS:

SECTION 1: That the above recitals are true and correct.

SECTION 2: The City Council hereby finds and determines that:
a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the
Improvements.
b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. c. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments.

SECTION 3: This legislative body hereby orders the annexation the Territory to the District, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C.

SECTION 4: All future proceedings of the District, including the levy of all assessments, shall be applicable to the Territory.

PASSED, APPROVED, AND ADOPTED this day of 2023.

Resolution No. 20XX-XXX – Page 3 of 5
Exhibit A
Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is:

BOOTH, ERIKA L & BOOTH, RUSSELL RONALD JR
The legal description of the Property is:

TRACT 13565-2 LOT 43 EX ST
Assessor’s Parcels Numbers of the Property:
0226-231-54

Resolution No. 20XX-XXX – Page 4 of 5
Exhibit B
Description of the District Improvements
Fiscal Year 2022/23
Street Light Maintenance District No. 2 (Local Streets):

Street Light Maintenance District No. 2 (Local Streets) (the “Maintenance District”) is used to fund the maintenance and/or installation of street lights and traffic signals located on local streets throughout the City but excluding those areas already in another local maintenance district.

Generally, this area encompasses the residential area of the City west of Haven Avenue.

The sites maintained by the District consist of street lights on local streets and traffic signals (or a portion thereof) on local streets generally west of Haven Avenue.

Proposed additions to the Improvements for Project Case No. DRC2020-00022:

NONE

Resolution No. 20XX-XXX – Page 5 of 5
Exhibit C
Proposed Annual Assessment
Fiscal Year 2022/23
Street Light Maintenance District No. 2 (Local Streets):

The rate per Equivalent Benefit Unit (EBU) is $39.97 for the fiscal year 2021/22. The following table summarizes the assessment rate for Street Light Maintenance District No. 2 (Local Streets) for Case No. DRC2020-00022:

Land Use Basis
EBU
Factor*
Rate per
EBU*
Single Family Residential Parcel 1.00 $39.97
Multi-Family Residential Unit 1.00 39.97
Non-Residential Acre 2.00 39.97
The proposed annual assessment for the property described in Exhibit A is as follows:
1 Parcel x 1.00 EBU Factor x $39.97 Rate per EBU = $39.97 Annual Assessment

DATE:February 15, 2023
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Annette Cano-Soza, Assistant Engineer
SUBJECT: Consideration of Parcel Map 20251, Improvement Agreement and Improvement Securities for Street Improvements, Order the Annexation to Landscape Maintenance District No. 3B and Street Light Maintenance Districts Nos. 1 and 6 Related to Case No. SUBTPM20251, Located 650 Feet East of Etiwanda Avenue North of Napa Street at 13160 and 13120 Napa Street. (RESOLUTION NO. 2023-012) (RESOLUTION NO. 2023- 013) (RESOLUTION NO. 2023-014) (CITY)
RECOMMENDATION:

Staff recommends that the City Council:

1. Approve the final map of Parcel Map 20251;

2. Approve an Improvement Agreement for related public improvements and authorize the Mayor and the City Clerk to sign said agreement; and

3. Accept security in the form of bonds for completion of the related public improvements.

BACKGROUND:

On December 8, 2021, the Planning Commission approved Case No. SUBTPM20251 for the subdivision of a 35-acre site into two parcels of land related to construction of two new industrial warehouse buildings located 650 feet east of Etiwanda Avenue north of Napa Street, addresses 13160 and 13120 Napa Street.

Case No. SUBTPM20251 was approved with a condition that certain public improvements be constructed including; curb and gutter, driveway approaches, street lights, street trees, street improvements, and storm drain improvements.

In addition, Tentative Parcel Map 20251 was approved with a condition that the northern half of Napa Street be annexed into the City. The annexation was approved by the Local Agency Formation Commission (LAFCO) on November 16, 2022.

ANALYSIS:

The developer, Speedway Commerce Center Development, LLC, has submitted an Improvement Agreement and securities to guarantee construction of the off-site public improvements in the following amounts:

1 6
6 2
Faithful Performance Bond No. LICX1216555 $1,741,765
Labor and Material Bond No. LICX1216555 $1,741,765
The developer has submitted the final map for Parcel Map 20251 for consideration of approval, Staff has determined that the final map is in substantial conformity with the approved Tentative Parcel Map and conditions.

Approval of this item by Council would approve the Improvement Agreement, accept the securities for the construction of certain public improvements, approve the final map of Parcel Map 20251 and allows its recordation, and order the annexation into Landscape Maintenance District 3B and Street Light Maintenance Districts 1 and 6. Copies of the Improvement Agreement and Annexation Forms are on file in the City Clerk’s Office.

ENVIRONMENTAL ANALYSIS:

Pursuant to the California Environmental Act (CEQA), an Environmental Impact Report (EIR) (SCH No. 2020090076), has been prepared for this project. Under CEQA, the purpose of an EIR is to inform the public about any significant impacts to the physical environment resulting from a project, identify ways to avoid or lessen the impacts, identify alternatives, and promote public participation. The contents of the EIR become a planning tool for the Planning Commission and City Council to use in determining the appropriate and best land use for the project site.

FISCAL IMPACT:

The proposed annexations would supply additional annual revenue into the landscape and street light maintenance districts in the following amounts:

Landscape Maintenance District No. 3B: $9,265.93
Street Light Maintenance District No. 1: $1,166.78
Street Light Maintenance District No. 6: $1,687.46
The developer will be installing 11 new street trees and 4 new street lights that will be maintained by the City.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

This item addresses the City Council’s vision for the City by ensuring the construction of high- quality improvements that promote a world class community.

ATTACHMENTS:

Attachment 1 - Vicinity Map
Attachment 2 - Resolution Ordering Annexation LMD 3B
Attachment 3 - Resolution Ordering Annexation SLD 1
Attachment 4 - Resolution Ordering Annexation SLD 6

ATTACHMENT 1
Vicinity Map
SUBTPM20251

NOT TO SCALE
Project Site

Resolution No. 20XX-XXX – Page 1 of 5 ATTACHMENT 2 RESOLUTION NO. 20XX - XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE

ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 3B (COMMERCIAL
INDUSTRIAL) FOR CASE NO. SUBTPM20251
WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the “Landscape and Lighting Act of 1972”, being Division 15, Part 2 of the Streets and Highways Code of the State of California (the “Act”, said special maintenance district known and designated as Landscape Maintenance District No. 3B (Commercial Industrial) (the “District”); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and
WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer’s report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and
WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California (“Article XIII D”) establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and
WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the “Territory”) be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the “Improvements”); and
WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled “Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property” (the “Consent and Waiver”); and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and

Resolution No. 20XX-XXX – Page 2 of 5
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that:
(1) The proportionate special benefit derived by each parcel in the Territory from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements; (2) The proposed annual assessment does not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Territory. (3) Only the special benefits derived or to be derived by each parcel in the Territory from the Improvements have been included in the proposed annual assessment.

WHEREAS, at this time the City Council desires to order the annexation of the Territory to the District and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS:

SECTION 1: That the above recitals are true and correct.

SECTION 2: The City Council hereby finds and determines that:
a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. c. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments.

SECTION 3: This legislative body hereby orders the annexation the Territory to the District, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C.

SECTION 4: All future proceedings of the District, including the levy of all assessments, shall be applicable to the Territory.

PASSED, APPROVED, AND ADOPTED this day of 2023.

Resolution No. 20XX-XXX – Page 3 of 5
Exhibit A
Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is:

SPEEDWAY COMMERCE CENTER DEVELOPMENT, LLC
The legal description of the Property is:

PTN OF SW 1/4 SEC 9 AND PTN NW 1/4 SEC 16 TP 1S R 6W DESC AS COM AT SW COR SD SEC 9 SD COR BEING ON C/L ETIWANDA AVE TH N 00 DEG 06 MIN 43 SECONDS E 368.09 FT ALG W LI SD SEC 9 AND SD C/L TO SLY R/W OF ATCHISON TOPEKA/SANTA FE RR TH N 87 DEG 54 MIN 59 SECONDS E 50.04 FT ALG SD SLY LI TO ELY LI SD ETIWANDA AVE TH N 87 DEG 54 MIN 59 SECONDS E 2050.74 FT TO TRUE POB TH N 87 DEG 54 MIN 59 SECONDS E 447.80 FT ALG SD SLY R/W LI TO LI PARALLEL WITH AND DISTANT WLY 100.00 FT FROM SW 1/4 OF SD SEC 9 TH S 00 DEG 15 MIN 05 SECONDS W 414.32 FT ALG SD PARALLEL LI TO PT ON S LI OF SEC 9 SD PT ALSO BEING ON NLY LI OF SD SEC 16 TH N 88 DEG 57 MIN 18 SECONDS E 100.02 FT ALG SD NLY LI TO NE COR OF NW 1/4 OF SD SEC 16 TH S 00 DEG 06 MIN 58 SECONDS W 720 FT M/L TO S LI METROPOLITAN WATER DIST R/W TH S 90 DEG 00 MIN 00 SECONDS W 2000.00 FT M/L ALG SD S LI TO ELY LI PROP CONVY TO EDISON SECURITES REC 10/16/51 BK 2837 PG 493 TH N 00 DEG 07 MIN 03 SECONDS E 400.00 FT M/L ALG SD ELY LI TO PT SD PT ALSO BEING S 00 DEG 07 MIN 03 SECONDS W 272.73 FT FROM N LI SD SEC 16 TH N 88 DEG 57 MIN 35 SECONDS E 906.76 FT TO PT ON NON-TANGENT CURVE CONCAVE SELY HAVING RADIUS 1062.15 FT RADIAL BEARING SD PT BEARS N 72 DEG 53 MIN 33 SECONDS W TH NELY ALG SD CURVE THRU C/A 48 DEG 02 MIN 18 SECONDS ARC LENGTH 890.54 FT TH N 00 DEG 07 MIN 03 SECONDS E 38.01 FT TO SLY R/W LI

ATCHISON TOPEKA/SANTA FE RR AND TRUE POB
Assessor’s Parcels Numbers of the Property:
0229-291-54

Resolution No. 20XX-XXX – Page 4 of 5
Exhibit B
Description of the District Improvements
Fiscal Year 2022/23
Landscape Maintenance District No. 3B (Commercial Industrial):

Landscape Maintenance District No. 3B (Commercial Industrial) (the “Maintenance District”) represents landscape sites throughout the Commercial/Industrial Maintenance District.

The various landscape sites that are maintained by this district consist of median islands, parkways, street trees and entry monuments.

Proposed additions to the Improvements for Project Case No. SUBTPM20251:
11 Street Trees

Resolution No. 20XX-XXX – Page 5 of 5
Exhibit C
Proposed Annual Assessment
Fiscal Year 2022/23
Landscape Maintenance District No. 3B (Commercial Industrial):

The rate per Equivalent Benefit Unit (EBU) is $282.24 for the fiscal year 2022/23. The following table summarizes the assessment rate for Landscape Maintenance District No. 3B (Commercial Industrial) for Case No. SUBTPM20251:

Land Use Basis
EBU
Factor*
Rate per
EBU*
Non-Residential Acre 1.00 $282.24
The proposed annual assessment for the property described in Exhibit A is as follows:

32.83 Acres x 1.00 EBU Factor x $282.24 Rate per EBU = $9,265.93 Annual Assessment

Resolution No. 20XX-XXX – Page 1 of 5 ATTACHMENT 3 RESOLUTION NO. 20XX - XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE

ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT
MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) FOR
CASE NO. SUBTPM20251
WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the “Landscape and Lighting Act of 1972”, being Division 15, Part 2 of the Streets and Highways Code of the State of California (the “Act”, said special maintenance district known and designated as Street Light Maintenance District No. 1 (Arterial Streets) (the “District”); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and
WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer’s report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and
WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California (“Article XIII D”) establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and
WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the “Territory”) be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the “Improvements”); and
WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled “Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property” (the “Consent and Waiver”); and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and

Resolution No. 20XX-XXX – Page 2 of 5
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that:
(1) The proportionate special benefit derived by each parcel in the Territory from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements; (2) The proposed annual assessment does not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Territory. (3) Only the special benefits derived or to be derived by each parcel in the Territory from the Improvements have been included in the proposed annual assessment.

WHEREAS, at this time the City Council desires to order the annexation of the Territory to the District and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS:

SECTION 1: That the above recitals are true and correct.

SECTION 2: The City Council hereby finds and determines that:
a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the
Improvements.
b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. c. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments.

SECTION 3: This legislative body hereby orders the annexation the Territory to the District, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C.

SECTION 4: All future proceedings of the District, including the levy of all assessments, shall be applicable to the Territory.

PASSED, APPROVED, AND ADOPTED this day of 2023.

Resolution No. 20XX-XXX – Page 3 of 5
Exhibit A
Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is:

SPEEDWAY COMMERCE CENTER DEVELOPMENT, LLC
The legal description of the Property is:

PTN OF SW 1/4 SEC 9 AND PTN NW 1/4 SEC 16 TP 1S R 6W DESC AS COM AT SW COR SD SEC 9 SD COR BEING ON C/L ETIWANDA AVE TH N 00 DEG 06 MIN 43 SECONDS E 368.09 FT ALG W LI SD SEC 9 AND SD C/L TO SLY R/W OF ATCHISON TOPEKA/SANTA FE RR TH N 87 DEG 54 MIN 59 SECONDS E 50.04 FT ALG SD SLY LI TO ELY LI SD ETIWANDA AVE TH N 87 DEG 54 MIN 59 SECONDS E 2050.74 FT TO TRUE POB TH N 87 DEG 54 MIN 59 SECONDS E 447.80 FT ALG SD SLY R/W LI TO LI PARALLEL WITH AND DISTANT WLY 100.00 FT FROM SW 1/4 OF SD SEC 9 TH S 00 DEG 15 MIN 05 SECONDS W 414.32 FT ALG SD PARALLEL LI TO PT ON S LI OF SEC 9 SD PT ALSO BEING ON NLY LI OF SD SEC 16 TH N 88 DEG 57 MIN 18 SECONDS E 100.02 FT ALG SD NLY LI TO NE COR OF NW 1/4 OF SD SEC 16 TH S 00 DEG 06 MIN 58 SECONDS W 720 FT M/L TO S LI METROPOLITAN WATER DIST R/W TH S 90 DEG 00 MIN 00 SECONDS W 2000.00 FT M/L ALG SD S LI TO ELY LI PROP CONVY TO EDISON SECURITES REC 10/16/51 BK 2837 PG 493 TH N 00 DEG 07 MIN 03 SECONDS E 400.00 FT M/L ALG SD ELY LI TO PT SD PT ALSO BEING S 00 DEG 07 MIN 03 SECONDS W 272.73 FT FROM N LI SD SEC 16 TH N 88 DEG 57 MIN 35 SECONDS E 906.76 FT TO PT ON NON-TANGENT CURVE CONCAVE SELY HAVING RADIUS 1062.15 FT RADIAL BEARING SD PT BEARS N 72 DEG 53 MIN 33 SECONDS W TH NELY ALG SD CURVE THRU C/A 48 DEG 02 MIN 18 SECONDS ARC LENGTH 890.54 FT TH N 00 DEG 07 MIN 03 SECONDS E 38.01 FT TO SLY R/W LI

ATCHISON TOPEKA/SANTA FE RR AND TRUE POB
Assessor’s Parcels Numbers of the Property:
0229-291-54

Resolution No. 20XX-XXX – Page 4 of 5
Exhibit B
Description of the District Improvements
Fiscal Year 2022/23
Street Light Maintenance District No. 1 (Arterial Streets):

Street Light Maintenance District No. 1 (Arterial Streets) (the “Maintenance District”) is used to fund the maintenance and/or installation of street lights and traffic signals located on arterial streets throughout the City. These sites consist of several non-contiguous areas throughout the City.

The sites maintained by the district consist of street lights on arterial streets and traffic signals on arterial streets within the rights-of-way or designated easements of streets dedicated to the City.

Proposed additions to the Improvements for Project Case No. SUBTPM20251:
3 street lights

Resolution No. 20XX-XXX – Page 5 of 5
Exhibit C
Proposed Annual Assessment
Fiscal Year 2022/23
Street Light Maintenance District No.1 (Arterial Streets):

The rate per Equivalent Benefit Unit (EBU) is $17.77 for the fiscal year 2021/22. The following table summarizes the assessment rate for Street Light Maintenance District No.1 (Arterial Streets) for Case No. SUBTPM20251:

Land Use Basis
EBU
Factor*
Rate per
EBU*
Single Family Residential Parcel 1.00 $17.77
Multi-Family Residential Parcel 1.00 17.77
Non-Residential Acre 2.00 17.77
The proposed annual assessment for the property described in Exhibit A is as follows:

32.83 acres x 2.00 EBU Factor x $17.77 Rate per EBU = $1,166.78 Annual Assessment

Resolution No. 20XX-XXX – Page 1 of 5 ATTACHMENT 4 RESOLUTION NO. 20XX - XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE

ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT
MAINTENANCE DISTRICT NO. 6 (COMMERCIAL INDUSTRIAL)
FOR SUBTPM20251
WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the “Landscape and Lighting Act of 1972”, being Division 15, Part 2 of the Streets and Highways Code of the State of California (the “Act”, said special maintenance district known and designated as Street Light Maintenance District No. 6 (Commercial Industrial)(the “District”); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and
WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer’s report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and
WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California (“Article XIII D”) establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and
WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the “Territory”) be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the “Improvements”); and
WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled “Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property” (the “Consent and Waiver”); and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and

Resolution No. 20XX-XXX – Page 2 of 5
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that:
(1) The proportionate special benefit derived by each parcel in the Territory from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements; (2) The proposed annual assessment does not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Territory. (3) Only the special benefits derived or to be derived by each parcel in the Territory from the Improvements have been included in the proposed annual assessment.

WHEREAS, at this time the City Council desires to order the annexation of the Territory to the District and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS:

SECTION 1: That the above recitals are true and correct.

SECTION 2: The City Council hereby finds and determines that:
a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. c. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments.

SECTION 3: This legislative body hereby orders the annexation the Territory to the District, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C.

SECTION 4: All future proceedings of the District, including the levy of all assessments, shall be applicable to the Territory.

PASSED, APPROVED, AND ADOPTED this day of 2023.

Resolution No. 20XX-XXX – Page 3 of 5
Exhibit A
Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is:

SPEEDWAY COMMERCE CENTER DEVELOPMENT, LLC
The legal description of the Property is:

PTN OF SW 1/4 SEC 9 AND PTN NW 1/4 SEC 16 TP 1S R 6W DESC AS COM AT SW COR SD SEC 9 SD COR BEING ON C/L ETIWANDA AVE TH N 00 DEG 06 MIN 43 SECONDS E 368.09 FT ALG W LI SD SEC 9 AND SD C/L TO SLY R/W OF ATCHISON TOPEKA/SANTA FE RR TH N 87 DEG 54 MIN 59 SECONDS E 50.04 FT ALG SD SLY LI TO ELY LI SD ETIWANDA AVE TH N 87 DEG 54 MIN 59 SECONDS E 2050.74 FT TO TRUE POB TH N 87 DEG 54 MIN 59 SECONDS E 447.80 FT ALG SD SLY R/W LI TO LI PARALLEL WITH AND DISTANT WLY 100.00 FT FROM SW 1/4 OF SD SEC 9 TH S 00 DEG 15 MIN 05 SECONDS W 414.32 FT ALG SD PARALLEL LI TO PT ON S LI OF SEC 9 SD PT ALSO BEING ON NLY LI OF SD SEC 16 TH N 88 DEG 57 MIN 18 SECONDS E 100.02 FT ALG SD NLY LI TO NE COR OF NW 1/4 OF SD SEC 16 TH S 00 DEG 06 MIN 58 SECONDS W 720 FT M/L TO S LI METROPOLITAN WATER DIST R/W TH S 90 DEG 00 MIN 00 SECONDS W 2000.00 FT M/L ALG SD S LI TO ELY LI PROP CONVY TO EDISON SECURITES REC 10/16/51 BK 2837 PG 493 TH N 00 DEG 07 MIN 03 SECONDS E 400.00 FT M/L ALG SD ELY LI TO PT SD PT ALSO BEING S 00 DEG 07 MIN 03 SECONDS W 272.73 FT FROM N LI SD SEC 16 TH N 88 DEG 57 MIN 35 SECONDS E 906.76 FT TO PT ON NON-TANGENT CURVE CONCAVE SELY HAVING RADIUS 1062.15 FT RADIAL BEARING SD PT BEARS N 72 DEG 53 MIN 33 SECONDS W TH NELY ALG SD CURVE THRU C/A 48 DEG 02 MIN 18 SECONDS ARC LENGTH 890.54 FT TH N 00 DEG 07 MIN 03 SECONDS E 38.01 FT TO SLY R/W LI

ATCHISON TOPEKA/SANTA FE RR AND TRUE POB
Assessor’s Parcels Numbers of the Property:
0229-291-54

Resolution No. 20XX-XXX – Page 4 of 5
Exhibit B
Description of the District Improvements
Fiscal Year 2022/23
Street Light Maintenance District No. 6 (Commercial Industrial):

Street Light Maintenance District No. 6 (the “Maintenance District”) is used to fund the maintenance and/or installation of street lights and traffic signals located on commercial and industrial streets throughout the City but excluding those areas already in a local maintenance district. Generally, this area encompasses the industrial area of the City south of Foothill Boulevard
The sites maintained by the district consist of street lights on industrial or commercial streets and traffic signals (or a portion thereof) on industrial or commercial streets generally south of Foothill Boulevard.

Proposed additions to the Improvements for Project SUBTPM20251:
1 street light

Resolution No. 20XX-XXX – Page 5 of 5
Exhibit C
Proposed Annual Assessment
Fiscal Year 2022/23
Street Light Maintenance District No. 6 (Commercial Industrial):

The rate per Equivalent Benefit Unit (EBU) is $51.40 for the fiscal year 2021/22. The following table summarizes the assessment rate for Street Light Maintenance District No. 6 (Commercial Industrial) for Case No. SUBTPM20251:

Land Use Basis
EBU
Factor*
Rate per
EBU*
Commercial/ Industrial Acre 1.00 $51.40
The proposed annual assessment for the property described in Exhibit A is as follows:

32.83 Acres x 1.00 EBU Factor x $51.40 Rate per EBU = $1,687.46 Annual Assessment

DATE:February 15, 2023
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer SUBJECT: Consideration of Resolution of Necessity of the City Council of Rancho Cucamonga, California, Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the Etiwanda Grade Separation Project (Atchison Topeka & Santa Fe RR Co., Located in City of Rancho Cucamonga, San Bernardino County Tax Assessor’s Parcel Number 0229-131-27). (RESOLUTION NO. 2023-015) (CITY)
RECOMMENDATION:

Staff recommends that the City Council:

1. Consider the following Resolution, which is a Resolution of Necessity of the City of Rancho Cucamonga Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the City’s Etiwanda Grade Separation Project:

Resolution No. 2023-015

2. Open and conduct a hearing on the adoption of the proposed Resolution of Necessity, receive from City Staff the evidence stated and referred to in this Agenda Report (“Report”), take testimony from any person wishing to be heard on issues A, B, C, and D below, and consider all evidence to determine whether to adopt the proposed Resolution of Necessity, which requires the City Council’s consideration and determination.

3. If the City Council finds, based on the evidence contained and referenced in this Report and the testimony and comments submitted to the City Council, that the evidence warrants the necessary findings with respect to the proposed Resolution of Necessity, then City Staff recommends that the City Council, in the exercise of its discretion, adopt proposed Resolution of Necessity No. 2023-015 (which requires a 4/5ths vote of the entire City Council) and authorize the City Attorney’s office to file an eminent domain proceeding to acquire the following real property interests (referred to below as the “Subject Property Interests”) from the parcel described below:

West Side of Etiwanda Avenue, 405 Feet South of Whittram Avenue, APN 0229-131- 27 (BNSF Parcel)
An approximate 100 square foot permanent easement and an approximate 150 square foot temporary construction easement with a term of twenty-four (24)

1 6
7 8
months for grade separation purposes, and all uses necessary and convenient thereto from the real property located on the West side of Etiwanda Avenue and 405 feet South of Whittram Avenue and further identified as San Bernardino County Tax Assessor’s Parcel Number 0229-131-27, which is owned by Atchison Topeka & Santa Fe RR Co. (referred to as “BNSF Parcel”).

The Subject Property Interests, comprised of the above-described real property interests, are described more particularly in the Resolution of Necessity. The Resolution of Necessity, with its respective Exhibits, is attached hereto and incorporated herein by this reference.

4. If the City Council adopts the proposed Resolution of Necessity, authorize the City Attorney’s Office to file and prosecute an eminent domain proceeding for the acquisition of the Subject Property Interests by eminent domain.

5. Authorize the City Manager and his designees to execute all necessary documents.

BACKGROUND:

The City Council has before it a proposed Resolution of Necessity for the acquisition by eminent domain of certain real property interests in connection with the City’s Etiwanda Grade Separation Project (“Project”).

The Project requires the acquisition of additional right of way for grade separation. The Project involves the widening and construction of Etiwanda Avenue as a four-lane grade separated roadway over the Southern California Regional Rail Authority (“SCRRA”)/Burlington Northern and Santa Fe Railroad (“BNSF”) San Gabriel subdivision, currently a two-lane at-grade crossing. The Project will construct an overhead crossing, utilizing walls and embankments to support the raised approaching roadway. It will span the railroad right-of-way and provide access to adjacent properties. The Project will widen Etiwanda Avenue to four traffic lanes, including a painted median/left turn lane with bike lanes and sidewalks on each side, and a northbound right turn lane onto Whittram Avenue. When completed, the Project will reduce vehicle and truck delays, as well as queuing. It will improve mobility, safety, and level of service at the crossing, and it will provide for safe transit of pedestrians, bicyclists, vehicles, trucks, and trains. Furthermore, the Project will provide improved response times in the area for first responders such as police officers, firefighters, paramedics, and emergency medical technicians. All work is consistent with the City’s General Plan of Circulation. The Plans for the Project are on file with the Engineering Services Department and are incorporated herein by this reference.

The Project requires the acquisition of the Subject Property Interests for grade separation, and related purposes, and all uses necessary or convenient thereto. The City has attempted to negotiate in good faith with the owner to acquire the above-described Subject Property Interests.

The City has been unable to reach a negotiated acquisition with the owner of the Subject Property Interests. Based on the timing of the Project, it is necessary that the City consider the proposed Resolution of Necessity at this time.

ANALYSIS:

The City seeks to acquire the Subject Property Interests for public use, namely grade separation and related purposes, and all uses necessary or convenient thereto in connection with the Project.

The City seeks to construct the Project to improve circulation, mobility, and vehicle and rail safety.

The Project’s goal of converting into a grade separated corridor that portion of Etiwanda Avenue

1 6
7 8
that crosses with the SCRRA railroad, is identified in the City’s General Plan.

The Project was planned and located to minimize the impact on the adjacent properties. Because of its scope, the Project requires the acquisition of numerous permanent easements and temporary construction easements over portions of several larger parcels, as well as fee interests in two parcels, owned by private property owners. The construction of the Project will require some business and residential relocations. The City will coordinate construction with the owners of the Subject Property Interests to minimize the impact of the Project on the parcels, and to assist those persons and businesses displaced by the Project. Based on the timing of the Project, it is necessary that the City consider the acquisition by eminent domain of the required Subject Property Interests.

The City seeks to acquire the Subject Property Interests for public use, namely grade separation and related purposes, and all uses necessary or convenient thereto in connection with the Project pursuant to the authority to acquire real property by eminent domain conferred on the City of Rancho Cucamonga by Section 19 of Article 1 of the California Constitution, Government Code Sections 37350, 37350.5, 37351, 40401, and 40404, California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including but not limited to Sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.150, 1240.510, 1240.610, 1240.650, and by other provisions of law.

For the reasons set forth above, the construction of the Project is in the public interest and necessity and is needed to improve circulation, mobility, and vehicle and rail safety.

Required Findings for Adoption of Resolution of Necessity Authorizing the Acquisition of the Subject Property Interests by Eminent Domain
In order to adopt the proposed Resolution of Necessity for the acquisition by eminent domain of the Subject Property Interests, the City Council must find and determine, that:

A. The public interest and necessity require the Project; B. The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury;
C. The Subject Property Interests described in the Resolution of Necessity are necessary for the Project; and
D. The City has made an offer as required by Government Code Section 7267.2 to the owner of record of the real property interests it seeks to acquire.

The amount of just compensation is not an issue before the City Council at this hearing. The hearing relates to issues A, B, C, and D above. The amount of just compensation would be determined in the eminent domain proceedings that would be filed if the City Council, in its sole discretion, adopts the proposed Resolution of Necessity.

Environmental Analysis
The environmental effects of the Project were studied and analyzed pursuant to the California Environmental Quality Act (“CEQA”), Public Resources Code Section 21000 et seq., and the CEQA Guidelines, 14 Cal. Code Regs. Section 15000 et seq. (“CEQA Guidelines”). City Staff

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determined that the Project was statutorily exempt pursuant to CEQA Article 18. Statutory Exemptions, Section 15282. Other Statutory Exemptions, paragraph (g):

Any railroad grade separation project which eliminates an existing grade crossing or which reconstructs an existing grade separation as set forth in Section 21080.13 of the Public Resources Code.

On June 6, 2018, the City Council approved the Notice of Exemption and authorized Staff to file the Notice of Exemption with the Office of Planning and Research and the County Clerk as specified in Section 21080.13(2) of the Public Resources Code. The City duly filed the Notice of Exemption with the Office of Planning and Research and with the Clerk of the Board of Supervisors, County of San Bernardino on or about June 11, 2018 in accordance with the statutory requirements.

In connection with the proposed Resolution of Necessity, on February 15, 2023, City Staff reviewed the environmental documentation prepared in connection with the Project. Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City Staff concluded that no substantial changes have occurred in the Project, no substantial changes have occurred in the circumstances under which the Project is undertaken, and the City has obtained no new information of substantial importance that would require further environmental analysis. These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests.

City’s Actions Pursuant to Government Code Section 7260 et seq.

Pursuant to Government Code Section 7260 et seq., the City of Rancho Cucamonga obtained a fair market value appraisal of the Subject Property Interests and the larger parcel of which the Subject Property Interests are a part, set just compensation in accordance with the appraised fair market value, and extended a written offer to the owner of record. As of the date of this Staff Report, the owner of record has not made any attempt to contact the City or respond to the City’s good faith negotiation efforts. Thus, the parties have not reached a negotiated agreement. Based on the timing of the Project, it is necessary that the City consider the adoption of the Resolution of Necessity at this time.

Following is a summary of the actions taken by the City pursuant to Government Code Section 7260 et seq.

West Side of Etiwanda Avenue, 405 Feet South of Whittram Avenue, APN 0229-131- 27 (BNSF Parcel)
Pursuant to Government Code Section 7260 et seq., the City of Rancho Cucamonga obtained a fair market value appraisal of the BNSF Parcel, the approximate 100 square foot permanent easement and the approximate 150 square foot temporary construction easement with a term of twenty-four (24) months the City seeks to acquire for public use, namely grade separation purposes. The City set just compensation in accordance with the appraised fair market value, and extended a written offer to Atchison Topeka & Santa Fe RR Co., the owner of record, on December 8, 2022. The fair market value appraisal used a date of value of October 26, 2022.

The City’s written offer included an informational pamphlet describing the eminent domain process and the record owner’s rights under the Eminent Domain Law. In accordance

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with Government Code Section 7267.2, the City’s written offer contained a written statement of, and summary of the basis for, the amount it established as just compensation. The offer set forth the date of value utilized by the appraiser and explained the appraiser’s opinion of the highest and best use of the larger parcel. It explained the applicable zoning designation of the larger parcel. The City’s offer also summarized the principal transactions relied on by the appraiser to arrive at the appraiser’s opinion of value. In addition, the written offer explained the appraiser’s valuation analysis including severance damages. It also included the City’s comparable market data relied on by the appraiser. Further, the City offered, pursuant to Code of Civil Procedure Section 1263.025, to pay the record owner the reasonable costs, up to $5,000.00, for an independent appraisal of the Subject Property Interests.

The City attempted to negotiate with the owner of record regarding the City’s offer, but the owner was unresponsive. Based on the timing of the Project, it is necessary for the City Council to consider the adoption of the proposed Resolution of Necessity authorizing the acquisition by eminent domain of the Subject Property Interests needed from the BNSF Parcel.

City’s Actions Pursuant to Code of Civil Procedure Section 1245.235 Pursuant to Code of Civil Procedure Section 1245.235, the City sent a letter and a notice by FedEx dated January 17, 2023 to the record owner of the Subject Property Interests the City seeks to acquire, informing it of the City’s intent to consider at its February 15, 2023 meeting, the adoption of a resolution of necessity for the acquisition by eminent domain of the Subject Property Interests.

The notice advised the record owner of its right to appear and be heard regarding the City’s proposed adoption of the Resolution of Necessity by filing with the City, within fifteen days of the date the notice was mailed, a written request to appear at the hearing. The notice specifically informed the record owner of the Subject Property Interests that it has an opportunity to appear before the City Council and raise questions about whether the public interest and necessity require the Project; whether the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and whether the Subject Property Interests the City seeks to acquire from the owner of record are necessary for the Project.

As discussed above, based on the proposed timing of the Project, it is necessary for the City Council to consider the adoption of the proposed Resolution of Necessity at this time.

This hearing relates to issues A, B, C, and D below.

REQUIRED FINDINGS FOR ADOPTION OF RESOLUTION OF NECESSITY A. The Public Interest and Necessity Require the Project The Project, as planned and designed, is in the public interest and necessity and is needed to improve vehicle and rail safety, traffic mobility, and surface transportation.

The Project requires the acquisition of additional right of way for grade separation and related purposes. The Project will widen the portion of Etiwanda Avenue from Napa Street to Whittram Avenue to a four-lane grade separated roadway over the SCRRA/BNSF San Gabriel subdivision, which is currently a two-lane at-grade crossing. The Project will construct an overhead crossing, utilizing walls and

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embankments to support the raised approaching roadway. It will span the railroad right-of-way and provide access to adjacent properties. The Project includes the addition of a painted median/left turn lane with bike lanes and sidewalks on each side, and a northbound right turn lane onto Whittram Avenue. When completed, the Project will reduce vehicle and truck delays, as well as queuing. It will improve mobility, safety, and level of service at the crossing, and it will provide for the safe transit of pedestrians, bicyclists, vehicles, trucks, and trains. Furthermore, the Project will provide for improved response times in the area for first responders such as police officers, firefighters, paramedics, and emergency medical technicians. Accordingly, the Project will benefit local residents and businesses, and the community as whole. The plans for the Project are on file with the Engineering Services Department and are incorporated herein by this reference.

The Project, as planned and designed, is consistent with the Circulation Element of the General Plan, which designated Etiwanda Avenue as a four-lane major arterial road. Anticipating the future growth of the SCRRA/BNSF corridor, the City’s General Plan identified this area to be grade separated. The City seeks to acquire the Subject Property Interests for public use, namely grade separation and related purposes, and all uses necessary or convenient thereto in connection with the Project. The City seeks to construct the Project to improve mobility, safety, and level of service at the crossing.

The Project was planned and located to minimize the impact on adjacent properties.

Because of its scope, the Project requires the acquisition of numerous permanent easements and temporary construction easements over portions of several larger parcels, as well as fee interests in two parcels, owned by private property owners. The construction of the Project will require some business and residential relocations. The City will coordinate the construction with the owners of the Subject Property Interests to minimize the impact of the Project on the parcels, and to assist those persons and businesses displaced by the Project. Based on the timing of the Project, it is necessary that the City consider the acquisition by eminent domain of the required Subject Property Interests.

The public use for which the City seeks to acquire the Subject Property Interests, namely grade separation and related purposes, and all uses necessary or convenient thereto, will not unreasonably interfere with or impair the continuance of the public use for which any easement holders may have appropriated the area (Code of Civil Procedure Section 1240.510). Further, the Project may require the relocation of several utilities to the new right-of-way area. The public use for which the City seeks to acquire the Subject Property Interests, namely grade separation and related purposes, and all uses necessary or convenient thereto, is a more necessary public use, within the meaning of Code of Civil Procedure Section 1240.650, than the uses for which public utility easement holders have appropriated any utility easements located on or within the area of the Subject Property Interests. Accordingly, the City is authorized to acquire the Subject Property Interests pursuant to Code of Civil Procedure Sections 1240.510, 1240.610, and 1240.650.

B. The Project is Planned and Located in the Manner that will be Most Compatible with the Greatest Public Good and the Least Private Injury The Project, as planned and designed, is in the public interest and necessity, and

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requires the acquisition of additional right of way for grade separation and related purposes. The Project will widen the portion of Etiwanda Avenue from Napa Street to Whittram Avenue to a four-lane grade separated roadway over the SCRR/BNSF San Gabriel subdivision, which is currently a two-lane at-grade crossing. The Project will construct an overhead crossing, utilizing walls and embankments to support the raised approaching roadway. It will span the railroad right-of-way and provide access to adjacent properties. The Project includes the addition of a painted median/left turn lane with bike lanes and sidewalks on each side, and a northbound right turn lane onto Whittram Avenue. When completed, the Project will reduce vehicle and truck delays, as well as queuing. It will improve mobility, safety, and level of service at the crossing, and provide for the safe transit of pedestrians, bicyclists, vehicles, trucks, and trains.

Furthermore, the Project will result in improved response times in the area for first responders such as police officers, firefighters, paramedics, and emergency medical technicians. Accordingly, the Project will benefit local residents and businesses and the community as whole. The Plans for the Project are on file with the Engineering Services Department and are incorporated herein by this reference.

The Project was planned and located to minimize the impact on the adjacent properties. Because of its scope, the Project requires the acquisition of numerous permanent easements and temporary construction easements over portions of several larger parcels, as well as fee interests in two parcels, owned by private property owners. The construction of the Project will require some business and residential relocations. The City will coordinate the construction with the owners of the Subject Property Interests to minimize the impact of the Project on the parcels and to assist those persons and businesses displaced by the Project. Based on the timing of the Project, it is necessary that the City consider the acquisition by eminent domain of the required Subject Property Interests.

Further, the public use for which the City seeks to acquire the Subject Property Interests, namely grade separation and related purposes, and all uses necessary or convenient thereto, will not unreasonably interfere with or impair the continuance of the public use for which any easement holders may have appropriated the area (Code of Civil Procedure Section 1240.510). Further, the Project may require the relocation of several utilities to the new right-of-way area. The public use for which the City seeks to acquire the Subject Property Interests, namely grade separation and related purposes, and all uses necessary or convenient thereto, is a more necessary public use, within the meaning of Code of Civil Procedure Section 1240.650, than the uses to which public utility easement holders have appropriated any utility easements located on or within the area of the Subject Property Interests. Accordingly, the City is authorized to acquire the Subject Property Interests pursuant to Code of Civil Procedure Sections 1240.510, 1240.610, and 1240.650.

C. The Subject Property Interests Described in the Resolution of Necessity are Necessary for the Project
The City seeks to construct the Project, as planned and designed, to improve mobility, safety, and level of service at the rail crossing. The Project will widen the portion of Etiwanda Avenue from Napa Street to Whittram Avenue to a four-lane grade separated roadway over the SCRR/BNSF San Gabriel subdivision, which is currently a two-lane at-grade crossing. The Project will construct an overhead crossing, utilizing walls and embankments to support the raised approaching roadway. It will span the railroad

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right-of-way and provide access to adjacent properties. The Project includes the addition of a painted median/left turn lane with bike lanes and sidewalks on each side, and a northbound right turn lane onto Whittram Avenue. When completed, the Project will reduce vehicle and truck delays, as well as queuing. It will improve mobility, safety, and level of service at the crossing, and it will provide for the safe transit of pedestrians, bicyclists, vehicles, trucks, and trains. Furthermore, the Project will result in improved response times in the area for first responders such as police officers, firefighters, paramedics, and emergency medical technicians.

The City cannot construct the Project without the acquisition of the following Subject Property Interests, which are described more particularly in the Resolution of Necessity:

West Side of Etiwanda Avenue, 405 Feet South of Whittram Avenue, APN 0229- 131-27 (BNSF Parcel)
An approximate 100 square foot permanent easement, and an approximate 150 square foot temporary construction easement with a term of twenty-four (24) months for grade separation purposes, and all uses necessary and convenient thereto from the real property located on the West side of Etiwanda Avenue and 405 feet South of Whittram Avenue and further identified as San Bernardino County Tax Assessor’s Parcel Number 0229-131-27, which is owned by Atchison Topeka & Santa Fe RR Co.

As stated above, the public use for which the City seeks to acquire the Subject Property Interests, namely grade separation and related purposes, and all uses necessary or convenient thereto, will not unreasonably interfere with or impair the continuance of the public use for which any easement holders may have appropriated the area (Code of Civil Procedure Section 1240.510). Further, the Project may require the relocation of several utilities to the new right-of-way area. The public use for which the City seeks to acquire the Subject Property Interests, namely grade separation and related purposes, and all uses necessary or convenient thereto, is a more necessary public use, within the meaning of Code of Civil Procedure Section 1240.650, than the uses for which public utility easement holders have appropriated any utility easements located on or within the area of the Subject Property Interests. Accordingly, the City is authorized to acquire the Subject Property Interests pursuant to Code of Civil Procedure Sections 1240.510, 1240.610, and 1240.650.

D. The City Has Made an Offer as Required by Government Code Section 7267.2 to the Owner of Record of the Subject Property Interests
The City, pursuant to Government Code Section 7260 et seq., obtained a fair market value appraisal of the Subject Property Interests, set just compensation in accordance with the fair market value, and extended a written offer to the owner of record of the Subject Property Interests. As detailed above, the City extended to the owner of record a written offer, pursuant to Government Code Section 7267.2, to acquire the Subject Property Interests for public use, namely grade separation and related purposes, and all uses necessary or convenient thereto. •The City extended a written offer to Atchison Topeka & Santa Fe RR Co. to purchase an approximate 100 square foot permanent easement and an

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approximate 150 square foot temporary construction easement with a term of twenty-four (24) months, for grade separation purposes, and all uses necessary and convenient thereto from the real property located on the West side of Etiwanda Avenue and 405 feet South of Whittram Avenue and further identified as San Bernardino County Tax Assessor’s Parcel Number 0229-131-27.

Incorporation of Above-Referenced Documents:

The following documents on file with the City Clerk’s Office and/or the Engineering Services Department, which are referenced in this report, are incorporated herein by this reference:
•Resolution of Necessity (attached hereto)
•City of Rancho Cucamonga General Plan
•Offer Letter to the record owner of the Subject Property Interests •Notice Pursuant to Code of Civil Procedure Section 1245.235 to the record owner of the Subject Property Interests
•Plans for Project
•Environmental Documents relating to Project
•Notice of Exemption
FISCAL IMPACT:

The Etiwanda Grade Separation Project is funded by SB-1 Trade Corridor Enhancement Program (TCEP) grant funds. Anticipated funds needed for acquisition of right-of-way for the Project, including legal fees, will be funded through the TCEP grant funding allocation for the Project.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

The Etiwanda Grade Separation Project will enhance the City Council’s vision of creating a world class community in our region by improving safety, traffic flow, and access to the southeast area of the City.

ATTACHMENTS:

Attachment 1 - Resolution of Necessity 2023-015

Resolution No. 2023-015 - Page 1 of 13
RESOLUTION NO. 2023-015

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY

INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE

ACQUISITION THEREOF IN CONNECTION WITH THE ETIWANDA GRADE

SEPARATION PROJECT (PERMANENT EASEMENT AND TEMPORARY
CONSTRUCTION EASEMENT OVER PORTIONS OF APN 0229-131-27) WHEREAS, the City of Rancho Cucamonga (“City”) is a municipal corporation in the County of San Bernardino, State of California; and
WHEREAS, the City seeks to construct the Etiwanda Grade Separation Project (“Project”).

The Project requires the acquisition of additional right of way for grade separation. The Project involves the widening and construction of Etiwanda Avenue as a four-lane grade separated roadway over the Southern California Regional Rail Authority (“SCRRA”)/Burlington Northern and Santa Fe Railroad (“BNSF”) San Gabriel subdivision, currently a two-lane at-grade crossing. The Project will construct an overhead crossing, utilizing walls and embankments to support the raised approaching roadway. It will span the railroad right-of-way and provide access to adjacent properties. The Project will widen Etiwanda Avenue to four traffic lanes including a painted median/left turn lane with bike lanes and sidewalks on each side and a northbound right turn lane onto Whittram Avenue. When completed, the Project will reduce vehicle and truck delays, as well as queuing. It will improve mobility, safety, and level of service at the crossing, and it will provide for safe transit of pedestrians, bicyclists, vehicles, trucks, and trains.

Furthermore, the Project will provide improved response times in the area for first responders such as police officers, firefighters, paramedics, and emergency medical technicians. All work is consistent with the City’s General Plan of Circulation. The Plans for the Project are on file with the Engineering Services Department and are incorporated herein by this reference; and WHEREAS, the environmental effects of the Project were studied and analyzed pursuant to the California Environmental Quality Act (“CEQA”), Public Resources Code Section 21000 et seq., and the CEQA Guidelines, 14 Cal. Code Regs. Section 15000 et seq. (“CEQA Guidelines”).

City Staff determined that the Project was statutorily exempt pursuant to CEQA Article 18.

Statutory Exemptions, Section 15282. Other Statutory Exemptions, paragraph (g) as a railroad grade separation project which eliminates an existing grade crossing or reconstructs an existing grade separation. The City Council approved the Notice of Exemption and authorized Staff to file the Notice of Exemption with the Office of Planning and Research and the County Clerk as specified in Section 21080.13(2) of the Public Resources Code. Said Notice of Exemption was filed with the Office of Planning and Research and with the County of San Bernardino on or about June 11, 2018 in accordance with the statutory requirements; and WHEREAS, in connection with the proposed Resolution of Necessity, on February 15, 2023, City Staff reviewed the environmental documentation prepared in connection with the Project. Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City Staff concluded that no substantial changes have occurred in the Project, no substantial changes have occurred in the circumstances under which the Project is undertaken, and that the City has obtained no new information of substantial importance that

Resolution No. 2023-015 - Page 2 of 13
would require further environmental analysis. These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows:

SECTION 1. The Rancho Cucamonga City Council adopts Resolution No. 2023-015, A Resolution of the City Council of the City of Rancho Cucamonga, California, Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the Etiwanda Grade Separation Project (permanent easement and temporary construction easement over portions of APN 0229-131-27).

SECTION 2. The City seeks to acquire by eminent domain the real property interests described below in Section 3 of this Resolution for public use, namely grade separation and related purposes, and all uses necessary or convenient thereto in connection with the Etiwanda Grade Separation Project pursuant to the authority conferred on the City of Rancho Cucamonga to acquire real property by eminent domain by Section 19 of Article 1 of the California Constitution, Government Code Sections 37350, 37350.5, 37351, 40401, and 40404, California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including but not limited to Sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.150, 1240.510, 1240.610, 1240.650, and by other provisions of law.

SECTION 3. The City seeks to acquire an approximate 100 square foot permanent easement and an approximate 150 square foot temporary construction easement with a term of twenty-four (24) months, for grade separation purposes, and all uses necessary and convenient thereto from the real property located on the West side of Etiwanda Avenue and 405 feet South of Whittram Avenue and further identified as San Bernardino County Tax Assessor’s Parcel Number 0229-131-27 in connection with the Project. The permanent easement and temporary construction easement are collectively referred to herein as “Subject Property Interests,” and APN 0229-131-27 is referred to herein as “BNSF Parcel.” The Subject Property Interests are described more particularly in Exhibits “A-1” and “A-2” and depicted on Exhibits “B-1” and “B-2”, which are attached hereto and incorporated herein by this reference.

SECTION 4. The environmental effects of the acquisition of the Subject Property Interests were studied as an integral part of the environmental review for the Project. In connection with the proposed Resolution of Necessity, on February 15, 2023, City Staff reviewed the environmental documentation prepared in connection with the Project. Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City staff concluded that no substantial changes have occurred in the Project, no substantial changes have occurred in the circumstances under which the Project is undertaken, and that the City has obtained no new information of substantial importance that would require further environmental analysis. These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests.

SECTION 5. The Project, as planned and designed, is in the public interest and necessity and is needed to improve vehicle and rail safety, traffic mobility, and surface transportation, as more fully explained below:

A. The Project requires the acquisition of additional right of way for grade separation. The Project involves the widening and construction of Etiwanda Avenue as a four-

Resolution No. 2023-015 - Page 3 of 13
lane grade separated roadway over the Southern California Regional Rail Authority (“SCRRA”)/Burlington Northern and Santa Fe Railroad (“BNSF”) San Gabriel subdivision, currently a two-lane at-grade crossing. The Project will construct an overhead crossing, utilizing walls and embankments to support the raised approaching roadway. It will span the railroad right- of-way and provide access to adjacent properties. The Project will widen Etiwanda Avenue to four traffic lanes including a painted median/left turn lane with bike lanes and sidewalks on each side and a northbound right turn lane onto Whittram Avenue. When completed, the Project will reduce vehicle and truck delays, as well as queuing. It will improve mobility, safety, and level of service at the crossing, and it will provide for safe transit of pedestrians, bicyclists, vehicles, trucks, and trains. Furthermore, the Project will provide improved response times in the area for first responders such as police officers, firefighters, paramedics, and emergency medical technicians.

All work is consistent with the City’s General Plan of Circulation.

B. The Project will reduce vehicle and truck delays, improve safety and level of service at the crossing, and provide for the safe transit of pedestrians, bicyclists, vehicles, trucks, and trains. Additionally, the Project will provide for improved response times in the area for first responders such as police officers, firefighters, paramedics, and emergency medical technicians. Accordingly, the Project will benefit the residents and businesses of the City and the community as a whole.

C. The Project, as planned and designed, is consistent with the Circulation Element of the General Plan, which designated Etiwanda Avenue as a four-lane major arterial road. Anticipating the future growth of the SCRRA/BNSF corridor, the City’s General Plan identified this area to be grade separated. The City seeks to acquire the Subject Property Interests for public use, namely grade separation and related purposes, and all uses necessary or convenient thereto in connection with the Project. The City seeks to construct the Project to improve mobility, safety, and level of service at the crossing.

D. The Project was planned and located to minimize the impact on adjacent properties. Because of its scope, the Project requires the acquisition of several permanent easements and temporary construction easements over portions of several larger parcels, as well as fee interests in two parcels, owned by private property owners. The construction of the Project will require some business/residential relocations. The City will coordinate the construction with the owner of the Subject Property Interests to minimize the impact of the Project on the BNSF Parcel. Based on the timing of the Project, it is necessary that the City consider the acquisition by eminent domain of the required Subject Property Interests.

SECTION 6.

A. Pursuant to Government Code Section 7260 et seq., the City of Rancho Cucamonga obtained a fair market value appraisal of the BNSF Parcel, the approximate 100 square foot permanent easement and the approximate 150 square foot temporary construction easement with a term of twenty-four (24) months the City seeks to acquire for public use, namely grade separation and related purposes, and all uses necessary or convenient thereto.

B. The City set just compensation in accordance with the appraised fair market value, and extended a written offer on December 8, 2022 to Atchison Topeka & Santa Fe RR Co., the owner of record. The fair market value appraisal used a date of value of October 26, 2022.

Resolution No. 2023-015 - Page 4 of 13
C. The City’s written offer included an informational pamphlet describing the eminent domain process and the record owner’s rights under the Eminent Domain Law. In accordance with Government Code Section 7267.2, the City’s written offer contained a written statement of, and summary of the basis for, the amount it established as just compensation. The offer set forth the date of value utilized by the appraiser and explained the appraiser’s opinion of the highest and best use of the larger parcel. It explained the applicable zoning designation of the larger parcel. The City’s offer also summarized the principal transactions relied on by the appraiser to arrive at the appraiser’s opinion of value. In addition, the written offer explained the appraiser’s valuation analysis, including severance damages. It also included the City’s comparable market data relied on by the appraiser. Further, the City offered, pursuant to Code of Civil Procedure Section 1263.025, to pay the record owner the reasonable costs, up to $5,000.00, for an independent appraisal of the Subject Property Interests.

SECTION 7. The City provided written notice to the owner of record, pursuant to Code of Civil Procedure section 1245.235 of the City Council’s intent to consider the adoption of a Resolution of Necessity for the acquisition of the Subject Property Interests by eminent domain.

SECTION 8. The public use for which the City seeks to acquire the Subject Property Interests, namely grade separation and related purposes, and all uses necessary or convenient thereto, will not unreasonably interfere with or impair the continuance of the public use for which any easement holders may have appropriated the area (Code of Civil Procedure Section 1240.510). Further, the Project may require the relocation of several utilities to the new right-of- way area. The public use for which the City seeks to acquire the Subject Property Interests, namely grade separation and related purposes, and all uses necessary or convenient thereto, is a more necessary public use, within the meaning of Code of Civil Procedure Section 1240.650, than the uses for which public utility easement holders have appropriated any utility easements located on or within the area of the Subject Property Interests. Accordingly, the City is authorized to acquire the Subject Property Interests pursuant to Code of Civil Procedure Sections 1240.510, 1240.610, and 1240.650.

SECTION 9. Based on the evidence presented at the hearing regarding the Project, including the Agenda Report and documents referenced therein and any oral and written testimony at the hearing, the City Council hereby finds and determines that:

A. The public interest and necessity require the Project; B. The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; C. The Subject Property Interests described more particularly in Exhibits “A1” and “A-2” and depicted on Exhibits “B-1” and “B-2” hereto, are necessary for the Project; and D. The City has made the offer required by Government Code Section 7267.2 to the record owner of the Subject Property Interests the City seeks to acquire.

SECTION 10. The findings and declarations contained in this Resolution are based upon the record before the City Council, including the Agenda Report and all documents referenced therein, all of which are incorporated herein by this reference, and any testimony and/or comments submitted to the City by the record owner and/or the owner’s representative(s). These documents include, but are not limited to the City of Rancho Cucamonga’s General Plan, the offer

Resolution No. 2023-015 - Page 5 of 13
letter sent to the owner pursuant to Government Code Section 7267.2, the notice to the record owner pursuant to Code of Civil Procedure Section 1245.235 of the City’s intent to consider the adoption of the Resolution of Necessity, Grade Separation Plans for the Project, and the Notice of Exemption for the Project.

SECTION 11. The City Council of the City of Rancho Cucamonga hereby authorizes and directs the City Attorney’s Office to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire an approximate 100 square foot permanent easement and an approximate 150 square foot temporary construction easement with a term of twenty-four (24) months for the Project. The Subject Property Interests are described more particularly on Exhibits “A-1” and “A-2” and depicted on Exhibits “B-1” and “B-2” hereto.

SECTION 12. The City Council of the City of Rancho Cucamonga hereby authorizes the City Manager to execute all necessary documents in connection with the eminent domain proceeding.

SECTION 13. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED this 15th day of February, 2023. ________________________
L. Dennis Michael, Mayor
City of Rancho Cucamonga
ATTEST:

Janice C. Reynolds, City Clerk
City of Rancho Cucamonga

Resolution No. 2023-015 - Page 6 of 13
CERTIFICATION:

I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution No. 2023-015, was duly adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting thereof held on the 15th day of February, 2023, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAINED:
___________________________
Janice C. Reynolds, City Clerk
City of Rancho Cucamonga, California
APPROVED AS TO FORM:

Nicholas R. Ghirelli, City Attorney
Richards, Watson & Gershon

Exhibit “A”
Resolution No. 2023-015 - Page 7 of 13

Permanent Easement
EXHIBIT A­1

LEGAL DESCRIPTION
APN 229-131-27

PARCEL A

A PARCEL OF LAND , IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, LYING IN SECTION 8, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, BEING THAT PORTION OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED RECORDED APRIL 20, 1897 IN BOOK 237, PAGE 354,

OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, (HEREINAFTER REFERRED TO AS “ ORIGINAL PARCEL ”), BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE INTERSECTION OF THE NORTHERLY LINE OF THAT CERTAIN 100 FOOT WIDE STRIP OF LAND DESCRIBED AS “ M” IN THE DEED FROM THE ATCHISON,

TOPEKA, AND SANTA FE RAILWAY COMPANY TO SAN BERNARDINO ASSOCIATED GOVERNMENTS, RECORDED DECEMBER 15, 1992, AS INSTRUMENT NO. 92-514404, OF

OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY , AND THE EAST LINE OF SAID SECTION 8, SAID POINT BEING THE SOUTHEAST CORNER OF SAID ORIGINAL PARCEL;
THENCE LEAVING SAID NORTHERLY LINE OF THE 100 FOOT WIDE STRIP AND ALONG THE EASTERLY LINE OF SAID ORIGINAL PARCEL NORTH 00°07'00" EAST, 90.06 FEET TO A LINE THAT IS PARALLEL WITH AND 10.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES, OF THE NORTHERLY LINE OF SAID ORIGINAL PARCEL;

THENCE LEAVING SAID EASTERLY LINE OF THE ORIGINAL PARCEL AND ALONG SAID

10.00 FOOT PARALLEL LINE SOUTH 87°55'14" WEST, 40.03 FEET TO A LINE THAT IS PARALLEL WITH AND 40.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES, OF SAID

EASTERLY LINE OF THE ORIGINAL PARCEL, SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID 40.00 FOOT PARALLEL LINE AND CONTINUING ALONG SAID 10.00 FOOT PARALLEL LINE SOUTH 87°55'14" WEST, 10.01 FEET TO A LINE THAT IS PARALLEL WITH AND 50.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES, OF SAID EASTERLY LINE OF THE ORIGINAL PARCEL;
THENCE LEAVING SAID 10.00 FOOT PARALLEL LINE AND ALONG SAID 50.00 FOOT PARALLEL LINE NORTH 00°07'00" EAST, 10.01 FEET TO SAID NORTHERLY LINE OF THE ORIGINAL PARCEL;
THENCE LEAVING SAID 50.00 FOOT PARALLEL LINE AND ALONG SAID NORTHERLY LINE OF THE ORIGINAL PARCEL NORTH 87°55'14" EAST, 10.01 FEET TO SAID 40.00 FOOT PARALLEL LINE;

THENCE LEAVING SAID NORTHERLY LINE OF THE ORIGINAL PARCEL AND ALONG SAID

40.00 FOOT PARALLEL LINE SOUTH 00°07'00" WEST, 10.01 FEET TO THE TRUE POINT OF BEGINNING.

Resolution No. 2023-015 - Page 8 of 13

THE ABOVE DESCRIBED PARCEL CONTAINS 100 SQUARE FEET OR 0.002 ACRES, MORE OR LESS.

THE ABOVE LEGAL DESCRIPTION IS BASED ON THE DIMENSIONS, INFORMATION, AND LAND REFERENCES SHOWN ON RECORD OF SURVEY 19 -0109, FILED IN BOOK 168, PAGES 53 THROUGH 63, OF RECORDS OF SURVEY.

BEARINGS AND DISTANCES ARE REFERENCED TO THE CALIFORNIA COORDINATE SYSTEM, ZONE 5 GRID, NAD83(2011) CSRS EPOCH 2017.50. TO OBTAIN GROUND LEVEL DISTANCES, MULTIPLY GRID DISTANCES BY 1.000060364.

SUBJECT TO COVENANTS, CONDITIONS, RE SERVATIONS, RESTRICTIONS, RIGHTS OF WAY, AND EASEMENTS OF RECORD, IF ANY.

ALL AS MORE PARTICULARL Y SHOWN ON EXHIBIT “B”, ATTACHED HERETO AND MADE A PART HEREOF.

THIS DOCUMENT HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR’S ACT.
__________________________________________________ ________ ________________ TIMOTHY S. FETTIG P.L.S. 7542 DATE
7/27/22
Resolution No. 2023-015 - Page 9 of 13

Exhibit A­2
Legal Description
Et
iwanda Grade Separation Project
APN 229-131-27 / BNSF
Temporary Construction Easement

Job No. 0618-00016
14 BNSF TCE Desc.docx
10-24-2022
A parcel of land, in the City of Rancho Cucamonga, County of San Bernardino, State of California, lying in Section 8, Township 1 South, Range 6 West, San Bernardino Meridian, being a portion of that certain parcel of land described in the deed recorded April 20, 1897 in Book 237, Page 354, of Deeds, in the Office of the County Recorder of said County, (hereinafter referred to as “Original Parcel”), more particularly described as follows:

Commencing at the intersection of the northerly line of that certain 100-foot-wide strip of land described as “M” in the deed from the Atchison, Topeka, and Santa Fe Railway Company to San Bernardino Associated Governments, recorded December 15, 1992, as Instrument No. 92-514404 of Official Records, in the Office of the County Recorder of said County, and the east line of said Section 8, said point being the southeast corner of said Original Parcel;
Thence, along said east line of Section 8, being also the easterly line of said Original Parcel, North 00°07'00" East, a distance of 90.06 feet to a line that is parallel with, and 10.00 feet southerly, measured at right angles, of the northerly line of said Original Parcel;
Thence, leaving said easterly line of the original parcel, and along said 10.00 foot parallel line, South 87°55'14" West, a distance of 50.03 feet to a line that is parallel with, and 50.00 feet westerly, measured at right angles, of said easterly line of the original parcel, said point being the True Point of Beginning; Thence 1st,
continuing along said 10.00 foot parallel line, South 87°55'14" West, a distance of 15.01 feet to a line that is parallel with, and 65.00 feet westerly, measured at right angles, of said easterly line of the Or
iginal Parcel;
Thence 2nd, leaving said 10.00 foot parallel line, and along said 65.00 foot parallel line, North 00°07'00" East, a distance of 10.01 feet to said northerly line of the Original Parcel; Th
ence 3rd, leaving said 65.00 foot parallel line, and along said northerly line of the Original Parcel, North 87°55'14" East, a distance of 15.01 feet to said 50.00 foot parallel line; Th
ence 4th, leaving said northerly line of the original parcel, and along said 50.00 foot parallel line, South 00°07'00" West, a distance of 10.01 feet to the True Point of Beginning.

Con
taining 150 square feet, more or less.

Notes
• The above legal description is based on the dimensions, information, and land references shown on Record of Survey 19-0109 filed in Book 168, Pages 53 through 63 of Record of Surveys. • Bearings and distances are referenced to the California Coordinate System, Zone 5 grid, NAD83(2011) CSRS
Epoch 2017.50. To obtain ground level distances, multip ly grid distances by 1.000060364.

This
description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act.
________________________________________
Justin P. Height, PLS 6167 Date
Resolution No. 2023-015 - Page 10 of 13

Exhibit “B”
Resolution No. 2023-015 - Page 11 of 13

Job No. 0618-00016
GUIDA
SURVEYING INC.

Exhibit B
Plat Map
Etiwanda Grade Separation Project
APN 229-131-27

N
Exhibit B-1
Resolution No. 2023-015 - Page 12 of 13
 
 

Exhibit B-2
Resolution No. 2023-015 - Page 13 of 13
 
 

DATE:February 15, 2023
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Jennifer Nakamura, Deputy Director of Planning Tabe van der Zwaag, Associate Planner
SUBJECT: Consideration of First Reading and Introduction of Ordinance No. 1016, to be Read by Title Only and Waive Further Reading, Repealing Chapter

9.34 of the Rancho Cucamonga Municipal Code to End the Narcotics and Gang-Related Crime Eviction Program. (ORDINANCE NO. 1016) (CITY) RECOMMENDATION:

Staff recommends that the City Council, introduce, as read by title only and waive further reading, Ordinance No. 1016, repealing Chapter 9.34 of the Rancho Cucamonga Municipal Code to end the Narcotics and Gang-Related Crime Prevention Program (“Program”).

BACKGROUND:

On November 19, 1997, the City Council adopted Ordinance No. 585 which established the “Narcotics and Gang-Related Crime Eviction Program (Municipal Code Chapter 9.34).” The Program was designed to address the disproportionate calls for service and crime emanating from rental properties. The Program required that landlords not knowingly cause or permit illegal drug activity, gang-related crime, or drug-related nuisance on premises under their control.

ANALYSIS:

The City has not enforced the “Narcotics and Gang-Related Crime Eviction Program” for many years and does not intend to enforce it due to legal questions surrounding the Program. Recent case law and civil lawsuits against other jurisdictions have called into question whether that this type of program can be enforced any longer. Consequently, the City Attorney and staff are recommending that the City eliminate this chapter. In practice, the City’s emphasis on Crime Prevention Through Environmental Design (“CPTED”) during the design phase of projects through Planning review and the Police Department’s utilization of solution-oriented policing during a project’s occupancy phase both take the place of what the Program originally intended to accomplish. Therefore, staff has no concerns that the repeal of the Program will create or lead to problems in the City. For these reasons, and the fact that the ordinance has not been enforced in many years, staff recommends that the City Council eliminate Chapter 9.34 from the Municipal Code in its entirety, as described in the attached Ordinance No. 1016.

FISCAL IMPACT:

There is no fiscal impact associated with repealing Municipal Code Chapter 9.34 (Ordinance No. 1016).

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COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

This item aligns with the City Council’s Core Values by enhancing a safe and healthy community for all residents of Rancho Cucamonga.

ATTACHMENTS:

Attachment 1 – Municipal Code Chapter 9.34
Attachment 2 – Ordinance No. 1016

Chapter 9.34 NARCOTICS AND GANG-

RELATED CRIME EVICTION PROGRAM
(All Content Displayed)
• 9.34.010 Definitions.

• 9.34.020 Duties of the landlord.

• 9.34.030 Administrative procedures.

• 9.34.040 Recovery of possession by landlord.

• 9.34.050 Enforcement.

• 9.34.060 Lien authorized.

• 9.34.070 Penalties.

9.34.010 Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Controlled substance means any drug, substance, or immediate precursor, as listed in the Uniform Controlled Substances Act, Health and Safety Code § 11000 et seq.

Drug-related nuisance means any activity related to the possession, sale, use or manufacturing of a controlled substance that creates an unreasonable interference with the comfortable enjoyment of life, property and safety of other residents of the premises or residents occurring within a 1,000-foot radius from the boundary line of the premises.

Such activity includes, but is not limited to, any activity commonly associated with illegal drug dealing, such as noise, steady traffic day and night to a particular unit, barricaded units, display or observance of weapons, drug loitering as defined in Health and Safety Code § 11532, or other drug-related circumstances.

Gang-related crime means any crime in which the perpetrator is a known member of a gang, or any crime motivated by gang membership in which the victim or the intended victim of the crime is a known member of a gang.

ATTACHMENT 1

Illegal drug activity means a violation of any of the provisions of Health and Safety Code §§ 11350 et seq., or 11400 et seq., or any successor provisions thereto.

Landlord means any owner, lessor, or sublessor (including any person, firm, corporation, partnership or other entity) who receives or is entitled to receive rent for the use of any rental unit, or the agent, representative or successor of any of the foregoing.

Premises means any rental unit and the land on which it and any other buildings of a complex are located and common areas, including, but not limited to, garage facilities, streets, alleyways, stairwells and elevators.

Rental unit means any dwelling as defined in section 17.02.140, including, but not limited to, any single-family and multifamily residence, duplex, and/or condominium in the city. This term “retail unit” shall also include any mobilehome, whether rent is paid for the mobilehome, the land upon which the mobilehome is located, or both. It shall also mean any recreational vehicle, as defined in Civil Code § 799.24, if located in a mobilehome park or recreational vehicle park, whether rent is paid for the recreation vehicle, the land upon which it is located, or both.

Tenant means any tenant, subtenant, lessee, sublessee or any person entitled to use or occupancy of a rental unit, or any other person residing in the rental unit. (Code 1980, §

9.34.010; Ord. No. 585, § 1, 1997; Ord. No. 870 (Recodification), 2014)

9.34.020 Duties of the landlord.

A landlord shall not cause or knowingly permit:

A. Any premises under his or her control to be used or maintained for any illegal drug activity, gang-related crime, or in such manner as to constitute a drug-related nuisance; or
B. Any tenant to use or occupy premises under the landlord’s control, if the tenant commits, permits, maintains or is involved in any illegal drug activity, gang-related crime, or drug-related nuisance on the premises or within a 1,000-foot radius from the boundary line of the premises. (Code 1980, § 9.34.020; Ord. No. 585, § 1, 1997)

9.34.030 Administrative procedures.

The city attorney, or designee, may promulgate such administrative procedures as may be necessary to implement the provisions of this chapter. (Code 1980, § 9.34.030; Ord.

No. 585, § 1, 1997)

9.34.040 Recovery of possession by landlord.

Grounds for eviction. Notwithstanding any provision of the Rancho Cucamonga Municipal Code to the contrary, a landlord may bring an action to recover possession of a rental unit upon any of the following grounds:

A. The tenant is committing or permitting to exist any illegal drug activity, gang- related crime, or drug-related nuisance on the premises or within a 1,000-foot radius from the boundary line of the premises; or
B. The tenant has been convicted of a crime wherein the underlying offenses involves illegal drug activity, drug-related nuisance activity or a gang-related crime on the premises. (Code 1980, § 9.34.040; Ord. No. 585, § 1, 1997)

9.34.050 Enforcement.

A. If the landlord has been served with written notice that he or she is in violation of section 9.34.020(A) and has failed to comply with the provisions of said section within seven days of the date of service of such notice, the city may file an action for injunctive relief or utilize any other remedy provided by law to compel compliance, including, but not limited to, all remedies available to abate a nuisance.

B. A court rendering a judgment pursuant to this subsection may, in addition to any other penalty or remedies provided by law, impose a civil penalty in the maximum amount permitted by law, payable to the city, and/or require the payment of the city’s reasonable attorney’s fees, and costs of investigation, discovery and court costs. (Code 1980, § 9.34.050; Ord. No. 585, § 1, 1997; Ord. No. 870 (Recodification), 2014)

9.34.060 Lien authorized.

Any judgment for money may be recorded as a lien on the subject property and if multiple defendants exist, they shall be jointly and severally liable for any payments so ordered. (Code 1980, § 9.34.060; Ord. No. 585, § 1, 1997)

9.34.070 Penalties.

It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of the ordinance codified in this chapter. Any person violating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000.00, or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of the provisions of this chapter is committed, and shall be deemed punishable therefor as provided in this

chapter. (Code 1980, § 9.34.070; Ord. No. 585, § 2, 1997; Ord. No. 870 (Recodification), 2014)

Ordinance No. 1016 – Page 1 of 2
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ORDINANCE NO. 1016

AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, REPEALING CHAPTER 9.34 OF THE RANCHO

CUCAMONGA MUNICIPAL CODE TO END THE NARCOTICS

AND GANG-RELATED CRIME EVICTION PROGRAM, AND

MAKING A DETERMINATION THAT THE ORDINANCE IS

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT
I. Recitals.

A. The City of Rancho Cucamonga (“City”) has not enforced the Narcotics and Gang-Related Crime Eviction Program (“Program”), found at Rancho Cucamonga Municipal Code Chapter 9.34, in many years due to legal questions surrounding the Program.

B. The City Council desires to repeal the Chapter 9.34 in light of the fact that the City has not enforced, and does not intend to enforce, the Program going forward.

II. Findings.

A. Pursuant to the California Environmental Quality Act (“CEQA”) and the City’s local CEQA Guidelines, the City Council finds that adoption of this Ordinance is covered by general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The City Council finds that there is no possible significant effect directly related to adoption of this Ordinance, therefore no further action is required under CEQA pursuant to Section 15061(b)(3) of the State CEQA Guidelines (14 CCR § 15061(b)(3)). This is because this Ordinance will result in no potential development that could have an environmental impact.

III. Ordinance.

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

SECTION 1. Chapter 9.34 (Narcotics and Gang-Related Crime Eviction Program) of Title 9 (Public Peace, Morals, and Welfare) is hereby repealed in its entirety.

SECTION 2. The City Council declares that, should any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason be held 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 3. Neither the adoption of this Ordinance nor the repeal of any other Ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof.

ATTACHMENT 2

Ordinance No. 1016 – Page 2 of 2
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SECTION 4. The City Clerk shall certify to the adoption of this Ordinance and shall cause it to be published in the manner required by law.

PASSED, APPROVED, AND ADOPTED this 15th day of February 2023. _____________________________________
L. Dennis Michael
Mayor
I, JANICE REYNOLDS, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 15th day of February 2023, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 15th day of March 2023, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAINED: COUNCILMEMBERS:

ATTEST:______________________________
City Clerk

DATE:February 15, 2023
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Elisa C. Cox, Assistant City Manager
Katie Bailey, Management Analyst II
SUBJECT: Consideration to Approve the Re-appointments of Two Members to the Public Art Committee. (CITY)
RECOMMENDATION:

Staff recommends that the City Council approve the re-appointments of Planning Commissioner Bryan Dopp and Rancho Cucamonga Community and Arts Foundation Board Member Paula Pachon to the Public Art Committee.

BACKGROUND:

At its regular meeting on June 21, 2017, the City Council adopted Ordinance No. 912, amending the Rancho Cucamonga Municipal Code regarding creative placemaking through public art.

Pertinent to implementation of the ordinance was the formation of the Public Art Committee which is composed of five (5) members appointed by the City Council as follows: (i) one member of the Planning Commission; (ii) one member of the Rancho Cucamonga Community and Art Foundation; and (iii) three members of the public appointed based on relevant work experience, trade, industry, or expertise. Committee members serve a term of two (2) years. Duties include advising the City Council regarding the selection, purchase, placement, and maintenance of art installed by the City or on City property, and expenditures from the City of Rancho Cucamonga Public Art Trust Fund.

ANALYSIS:

The Public Art Committee terms of Commissioner Dopp and Board Member Pachon expire this month. The Rancho Cucamonga Community and Arts Foundation recommended Board Member Pachon for re-appointment at the Strategic Planning meeting on January 18, 2023. The Planning Commission recommended Commissioner Dopp for re-appointment at the Planning Commission meeting on January 10, 2023. If approved, their terms will be through February 2025.

The following is a complete list of the five (5) Public Art Committee members:
• Bryan Dopp, Planning Commissioner (Term 3/2021-2/2023) • Paula Pachon, RC Community and Arts Foundation Member (Term 3/2021-2/2023) • Jaymie Leslie, Member of the Public (Term 1/2022-12/2023) • John L. Machado Jr., Member of the Public (Term 1/2022-12/2023) • Leslie Matamoros, Member of the Public (Term 1/2022-12/2023)

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FISCAL IMPACT:

None.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

This item addresses City Council's Core Values by providing and nurturing a high quality of life for all through placemaking and public art initiatives. In addition, public art enhances livability and is a means for promoting and enhancing a safe and healthy community for all.

ATTACHMENTS:

None