Agenda packet — Rancho Cucamonga City Council, March 4, 2026 (part 3 of 3)

4877-5650-6677.40
378683.00002/2-23-26/amc/mrf -11-
calendar month, without offset or deduction, a sum of money which is equal to the product of the following factors: (i) the total number of square feet then affected by the applicable easement, (ii) the affected property’s fee value per square foot, multiplied by (iii) one third of a percent (1/3%).

The fee value per square foot of the affected property shall first be established by an appraisal no older than six months at the time Developer first takes possession of either of the Parking and Staging Easement or Milliken Parking Easement area and shall be scaled by a factor of one and four hundredths (1.04) each year on the anniversary of said appraisal’s date of valuation. If payment is not made within ten (10) business days after written notice from the City, then the outstanding sum shall immediately begin to accrue interest at the rate identified in Section 7 until paid. Notwithstanding the foregoing, Developer shall receive a credit, not to exceed $600,000, toward the rent for the Parking and Staging Easement during such time Developer is actively constructing the Bus Loop and PUDO. Such credit will not be received during such time Developer is using the areas designated for the Bus Loop and PUDO for construction staging during development of the HSR Station. During the term of the Parking and Staging Easement or Milliken Parking Easement, as applicable, Developer shall maintain such easement area in good condition and repair. Following the termination of the Parking and Staging Easement or Milliken Parking Easement, as applicable, Developer shall promptly return the portion of the Transit Center and Milliken Site, as applicable, used for such easement to, with respect to the Transit Center, the improved condition per the approved plans, and to the Milliken Site, its condition immediately prior to the easement term.

4.2.5Minimum Parking. At all times until the completion of the HSR Station, Developer shall ensure that a minimum of (1) three hundred twenty-five (325) parking spaces total across the Surface Property, the Milliken Site (defined below) and Transit Center (or such lesser amount if less than 325 parking spaces total exist at such time), or (2) an Approved Lesser Amount (defined below) of parking spaces total across the Surface Property, Transit Center and other adjacent parking lots if the City sells the Milliken Site, and in both events, including sufficient ADA compliant parking stalls to satisfy ADA requirements, are available to Public Agencies’ Permittees. Developer shall conduct parking counts on the Transit Center during the fall of 2025 and spring of 2026 and share such data with the Public Agencies for the Parties to collectively determine the actual peak parking demand, which in all events shall be no greater than 325 parking spaces (“Approved Lesser Amount”). On or before the earlier of (i) August 1, 2026 or (ii) the date that less than the Approved Lesser Amount is available on the Transit Center, Milliken Site and other adjacent parking lots, Developer shall obtain the administrative approval of the Public Agencies of a parking plan that provides for any delta between the available parking within such lots and the Approved Lesser Amount via parking within walking distance, but no more than 1,000 feet, of the Transit Center or offsite parking with shuttle service. Such parking plan shall specifically identify any off-site parking sites and stalls with written options or guarantees of the availability of such parking and shuttle service, as applicable, to implement such parking plan. Additionally, Developer shall use commercially reasonable efforts to phase and stage its construction to limit, where possible, the time that the parking plan would be necessary.

4.2.6Temporary Construction Easement on Transit Center during the Initial Construction. The Public Agencies hereby grant to Developer a temporary construction easement (“Temporary Construction Easement”) for the construction of ramps and stairs, reconfigured bus loop, the PUDO, and reconfigured parking on the Transit Center, all per plans approved by Public Agencies in accordance with DDA Section 3.4, to facilitate ingress and egress

Page 284 ends

4877-5650-6677.40
378683.00002/2-23-26/amc/mrf -12-
between the Station Property and the Transit Center and the reconfigured pedestrian ramp for access to the pedestrian tunnel between the north and south Metrolink platforms (“Pedestrian Tunnel”). Developer shall ensure that the design and construction of the ramp from the Station Property to the Transit Center is in accordance with all ADA requirements. Additionally, Developer shall ensure that the design and construction of such ramp includes and utilizes drains and non-slip surfaces; provided, however, that Developer shall ensure that such design and construction also provides for and is conducive to the commercially reasonable subsequent addition of an overhead covering to shield the ramp from rain. The Public Agencies and Developer shall coordinate to ensure that at least four bus drop off locations (including on Azusa Court if necessary), pedestrian access between such parking and bus drop off locations and the Metrolink platforms and legally compliant ADA parking, all in a manner reasonably acceptable to the Public Agencies. Prior to exercising any such rights described within this Section 4.2.4, Developer shall provide the Public Agencies with thirty (30) days’ notice of Developer’s plans for any occupancy or use of the easement, and the Developer must demonstrate to the reasonable satisfaction of the Public Agencies that safe and adequate circulation of pedestrian, vehicular, and bus movements are and will be provided for at all times during the term(s) of the easement. Developer shall provide the Public Agencies at least thirty (30) days’ notice of any changes to the affected area, to enable the Public Agencies to provide notice to Metrolink and/or its patrons, and such changes must otherwise be in accordance with the terms of this Agreement. During the term of the Temporary Construction Easement, Developer shall maintain the Temporary Construction Easement area in good condition and repair. Following the termination of the Temporary Construction Easement, Developer shall promptly return the portion of the Transit Center used for the Temporary Construction Easement to the improved condition per the approved plans.

4.2.7Future Construction. During the redevelopment of the Station Property, Developer on advance written notice, including without limitation the prior written approval of the Public Agencies of replacement parking as provided below, of not less than twelve (12) months, shall have the right to temporarily close the Surface Property for a reasonable period of time not exceeding thirty-six (36) months (as the same may be extended by force majeure, but not otherwise) during the actual construction on the Station Property and subject to the terms of this Section 4.2.5. If, as a consequence of Developer’s future construction, the Public Agencies would not have at least 325 parking spaces available during the period of construction, Developer shall provide reasonable replacement parking, compliant with ADA and all other applicable law, taking into account both then existing ADA parking areas located on the Transit Center and ADA requirements relating to the replacement parking, as applicable, and otherwise reasonably acceptable to the Public Agencies during the construction period and thereafter until the Surface Property is returned to its prior condition. The amount of such replacement parking provided by Developer shall ensure that the Public Agencies would have (i) 325 parking spaces if the Public Agencies had 325 or more parking spaces just prior to Developer’s construction, or (ii) if the Public Agencies had less than 325 parking spaces just prior to Developer’s construction, an amount equal to such lesser amount. Following such construction, Developer shall promptly return the Surface Property to its prior condition as of the date Developer took possession or per revised plans approved by the Public Agencies, if applicable. As an example only, if Developer develops a larger HSR station with below grade parking and the Surface Property, at the time of such construction, is used as a gated surface parking lot, Developer shall restore the Surface Property to a surface parking lot, including striping, lighting, and gates, as applicable (including any equipment that was previously installed by the Public Agencies).

Page 285 ends

4877-5650-6677.40
378683.00002/2-23-26/amc/mrf -13-

4.2.8Service Corridor for Baggage . Developer may in the future, without any obligation to do so or to continue such service once commenced, build a service corridor from baggage handling room on the Station Property that would open onto the Pedestrian Tunnel to enable baggage service between BLW trains and Metrolink Trains. Developer shall construct the connection of the service corridor with the Pedestrian Tunnel per plans approved in advance and in writing by the Public Agencies and gate such corridor from the Pedestrian Tunnel to prevent access and vagrancy issues when not in use; said gate to be located entirely on the Station Property. Developer shall coordinate with the Public Agencies regarding the design thereof to maximize the continued functionality of the Pedestrian Tunnel and any construction work relating thereto to minimize impacts to the Transit Center.

4.2.9Warranties. For all facilities that the Public Agencies will own and control, Developer shall obtain customary and usual construction and installation warranties, shall assign all such warranties, on a non-exclusive basis and to the extent assignable, to the Public Agencies with respect thereto, and shall, whether or not such warranties are assigned, reasonably cooperate with the Public Agencies to enforce such warranties as necessary, including filing and pursuing warranty claims on behalf of the Public Agencies for non-assignable warranties.

5.INSURANCE.

5.1Public Agency Insurance Requirements. With respect to the Surface Property and the PUDO, at all times the Public Agencies (or one of them) shall maintain property insurance coverage in amounts and types consistent with the coverage and amounts maintained on the Transit Center. To the extent both possible and reasonably available at commercially reasonable rates, Developer will be named as an Additional Insured on said insurance coverage and the Public Agencies will provide Developer reasonable evidence of said insurance upon request. The Public Agencies shall also maintain Commercial General Liability (CGL) coverage within the PUDO and Surface Property.

5.2Developer Insurance Requirements. Developer at all times shall maintain the following insurance coverage:

5.2.1Property Insurance. With respect to the Station Property, at all times Developer shall maintain property insurance against all risks of loss to any at full replacement cost with no coinsurance penalty provision. Such coverage shall name the Public Agencies as a loss payee as their interest may appear.

5.2.2Commercial General Liability (CGL). Developer shall maintain the insurance coverage set forth below in this Section 5.2.2 when the provisions of Section 5.3.1 do not apply. Such insurance shall include Commercial General Liability with limits of liability of not less than twenty-five million dollars ($25,000,000) per occurrence and twenty-five million dollars ($25,000,000) in the general aggregate for this project; otherwise, the general aggregate shall be twice the per occurrence limit. Coverage shall include bodily injury, property damage, personal and advertising injury, and products completed operations liability through any combination of primary and excess or umbrella liability insurance. Policy limits shall reset annually. Notwithstanding the foregoing, following the commencement of revenue service operations, the limits shall be adjusted to reflect the limit established by Congress from time to

Page 286 ends

4877-5650-6677.40
378683.00002/2-23-26/amc/mrf -14-
time applicable to Developer’s passenger rail operations. The CGL insurance shall be written on an ISO occurrence form CG 00 01 04 13, or on substitute forms providing coverage at least as broad as CG 00 01 04 13, subject to approval by the Public Agencies. Developer’s CGL policy shall be primary, any coverage maintained by the Public Agencies shall not contribute with respect to the PUDO. All excess or umbrella policies must be “follow form” and shall provide coverage no less than the primary CGL policy. Refer to Section 5.4.4 for additional insured requirements.

5.3Insurance During Construction including Design. Developer shall maintain the following insurance coverage at all times during which it is performing construction work within either of the Properties:

5.3.1Commercial General Liability (CGL). Developer shall maintain Commercial General Liability (CGL) insurance with limits of liability of not less than three hundred fifty million dollars ($350,000,000) per occurrence, three hundred fifty million dollars ($350,000,000) products and completed operations aggregate, and a general aggregate limit of not less than three hundred fifty million dollars ($350,000,000) providing coverage for bodily injury, property damage, and personal and advertising injury through any combination of primary and excess or umbrella liability insurance policies. The CGL policy or policies shall include one reinstatement general aggregate limit during the policy(ies) term. The CGL insurance shall be written on ISO occurrence form CG 00 01 04 13, subject to approval from the Public Agencies.

All excess or umbrella policies shall be “follow form” and shall afford no less coverage than that provided by the underlying primary CGL policy. All such excess or umbrella policies shall also include a drop-down provision in the event of exhaustion or unavailability of the underlying primary limits and shall provide coverage as if primary. Refer to Section 5.4.4 for additional insured requirements.

The policy or policies shall be endorsed to remove exclusions pertaining to any railroads.

The CGL insurance shall not include any endorsement or other policy language that limits or restricts coverage for liability assumed under an insured contract. Completed operations coverage shall extend for the duration of any exposure under any applicable statute of repose or any other applicable statute of limitations. If coverage for the full statutory exposure period is not commercially available, such completed operations coverage shall extend for at least ten (10) years from the completion date of such improvements.

5.3.2Commercial Automobile Insurance. Developer shall maintain commercial automobile liability insurance written on ISO form CA 00 01 10 01 or on substitute forms providing coverage no less broad, subject to approval by the Public Agencies. Such insurance shall provide a limit of not less than five million dollars ($5,000,000) per accident. Such insurance must cover liability arising out of any auto (including owned, hired, and non-owned autos). The policy must contain an endorsement to cover liabilities arising out of the Motor Carrier Act - Hazardous materials clean up (MCS-90) with a sublimit of no less than one million dollars ($1,000,000). Developer shall require its general contractor to maintain (and shall ensure that its general contractor does maintain) commercial automobile liability insurance written on ISO form CA 00 01 10 01 (or, with approval from the Public Agencies, substitute form providing equivalent liability coverage) with a limit not less than twenty-five million dollars ($25,000,000) per accident.

Such insurance must cover liability arising out of any auto (including owned, hired, and non- owned autos) and can be satisfied by a combination of primary and excess and/or umbrella policies.

Page 287 ends

4877-5650-6677.40
378683.00002/2-23-26/amc/mrf -15-
The policy(ies) must contain an endorsement for coverage to operations in connection with a railroad and an endorsement to cover liabilities arising out of the Motor Carrier Act - Hazardous materials clean up (MCS-90) with a sublimit of no less than one million dollars ($1,000,000). All excess or umbrella policies shall include a drop-down provision in the event of exhaustion or unavailability of the underlying primary limits and shall provide coverage as if primary for commercial automobile liability.

5.3.3Workers’ Compensation and Employers Liability Insurance.

Developer shall maintain Workers’ Compensation insurance in accordance with the requirements of applicable California statutes. In addition, Developer shall provide Employer's Liability with limits of not less than one million dollars ($1,000,000) each accident, one million dollars ($1,000,000) each employee for disease, and a policy limit of one million dollars ($1,000,000) for disease. Developer shall maintain excess liability insurance including Employer's Liability coverage with limits of not less than twenty-five million dollars ($25,000,000), which may be satisfied through a combination of primary and excess and/or umbrella liability insurance policies.

The workers’ compensation policies must provide the following:
(a) A waiver of subrogation in favor of the Additional Insured Parties and the Permittees of the Additional Insured Parties; (b) A voluntary compensation endorsement;
(c) An alternative employer endorsement, if applicable to the Additional Insured Parties’ operations;
(d) Coverage for liability under Title 46 of the U.S.C. § 688 on an “if any” basis or as otherwise appropriate; and
(e) An endorsement extending the policy to cover the liability of the insureds under the Federal Employer’s Liability Act on an “if any” basis or as otherwise appropriate.

5.3.4Professional Liability Insurance. The Developer shall provide evidence of professional liability insurance, including prior acts coverage sufficient to cover all claims arising out of any professional services, including without limitation engineering, architectural, or land surveying work required in connection with such construction, procured, and maintained by those third parties performing such work for or on behalf of Developer. For the lead design contractor for the improvements in privity with Developer, the coverage must not be less than ten million dollars ($10,000,000) per claim and in the aggregate. For environmental assessments, land surveying work and any other site work, the coverage must not be less than two million dollars ($2,000,000) per claim and in the aggregate. For architectural, geotechnical engineers, and electrical engineers, the coverage must not be less than two million dollars ($2,000,000) per claim and in the aggregate. For structural engineers and civil engineers relating to such construction, the coverage must not be less than five million dollars ($5,000,000) per claim and in the aggregate. Developer shall also require any member of its design build team, any subconsultant, or any subcontractor performing professional design services for any portion of such construction work, to obtain and maintain (and shall ensure that they do obtain and maintain)

Page 288 ends

4877-5650-6677.40
378683.00002/2-23-26/amc/mrf -16-
professional liability insurance providing the same coverage, with limits of at least one million dollars ($1,000,000) per claim and in the aggregate. Developer shall procure and maintain an Owner’s Protective Professional Indemnity (OPPI) policy that provides coverage with limits of at least twenty-five million dollars ($25,000,000) per claim and in the aggregate for claims arising out of the liability of design and construction professionals. Such coverage must include coverage for claims filed directly against Developer by third-parties alleging negligence (arising from professional services of design firms).

No self-insured retention for Developer or any lead design entity is permitted to exceed five hundred thousand dollars ($500,000), without prior written approval from the Public Agencies, in their good faith discretion (which shall factor in whether such insurance is commercially available). Coverage must apply specifically to professional activities performed or contracted by Developer in support of the construction. The policy(ies) must have a retroactive date consistent with the inception of the first date of design or project or construction management activities, and no later than the date on which any contract or subcontract was issued. Developer agrees to maintain or to require its design professionals, subconsultants, or design-build subcontractors to maintain (and shall ensure that they do maintain), as appropriate, this required coverage for a period of no less than three years after the commencement of revenue service or to purchase an extended reporting period for no less than three years after the commencement of revenue service. If the contractor is working with a separate lead design entity, contractor must (and Developer shall ensure that contractor does) require the lead design entity to agree to maintain this coverage for a period of no less than three (3) years after completion of such construction.

5.3.5Contractor's Pollution Liability. Developer shall procure or cause to be procured contractor’s pollution liability (“CPL”) coverage throughout the period of construction. Coverage must be provided by a stand-alone policy with limits of no less than twenty-five million dollars ($25,000,000) per occurrence and twenty-five million dollars ($25,000,000) in the aggregate per policy period dedicated to the larger high speed rail project, which may include other parcels under Developer’s control or responsibility, but must include the Property. Coverage must be written on an occurrence basis and extended for a minimum ten (10) year period or for the duration of the applicable statute of repose. The CPL policy must include coverage for investigation, removal, and remediation costs including monitoring or disposal of contaminated soil, surface water, groundwater or other media to the extent required by environmental laws caused by pollution conditions resulting from or exacerbated by covered operations; third-party bodily injury and property damage, provided that the third-party property damage liability coverage includes loss of use of damaged property or of property that has not been physically injured or destroyed, resulting from pollution conditions caused by or from conditions exacerbated by covered operations. The policy must have no exclusions or limitations for loss occurring over water including but not limited to a navigable waterway or for lead or asbestos. Coverage as required in this Section shall apply to sudden and non-sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, waste materials, or other irritants, contaminants, or pollutants. The CPL policy must also provide coverage for losses due to loading, unloading or transportation and liability imposed by off-site disposal of materials at a third-party disposal site including testing, monitoring, measuring operations or laboratory analysis and remediation. If the scope of work includes the disposal of any hazardous or non-hazardous materials from the job site, Developer shall furnish the Additional Insured Parties evidence of pollution legal liability insurance

Page 289 ends

4877-5650-6677.40
378683.00002/2-23-26/amc/mrf -17-
maintained by the disposal site operator for losses arising from the insured facility accepting the materials, with coverage in minimum amounts of five million dollars ($5,000,000) per loss and an annual aggregate of five million dollars ($5,000,000).

5.3.6Railroad Protective Liability. Developer shall provide, or cause to be maintained, any coverage as may be required by any railroad as a condition of the railroad's consent for entry onto railroad facilities or property. Such policy shall be effective during the period any construction is being performed within 50 feet of any railroad ROW. Coverage shall be written on Insurance Services Office occurrence Form CG 00 35 (or, with approval from the railroad requiring such insurance, substitute form providing equivalent coverage) on behalf of any railroad as a named Insured, with a limit specified by any railroad.

5.3.7Builder's Risk Insurance. Developer shall, upon commencement of construction, obtain and maintain a policy of builder’s risk insurance for the construction.

Coverage shall be written on an “all risk” basis on the larger high speed rail project that will at least cover the full replacement cost of the HSR Station and Developer’s construction within the Transit Center, including, without limitation, the PUDO and bus loop, with no coinsurance provision. The insureds must include the contractor, all subcontractors (excluding those solely responsible for design work) of any tier, suppliers, and the Additional Insured Parties. The policy must cover all property, roads, buildings, bridge structures, other structures, fixtures, materials, supplies, foundations, pilings, machinery and equipment (excluding contractor’s equipment) that are part of or related to the portions or elements of the construction, and the works of improvement, including permanent and temporary works and on-site materials, and including goods intended for incorporation into the works located at the Property, in storage or in the course of transit to the Property and all improvements that are within the Property. The builder's risk policy must include coverage for:
(a) Any ensuing loss from faulty workmanship or
nonconforming work, including L.E.G. 3 wording, if commercially available; (b) Machinery accidents and operational testing involving equipment covered by the policy;
(c) Removal of debris, with a sublimit of twenty-five percent (25%) of the loss subject to a limit of twenty-five million dollars ($25,000,000) and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all Properties (d) Transit, including ocean marine coverage (unless insured by the supplier or through a separate marine cargo policy), with sub-limits sufficient to insure the full replacement value of any key equipment item;
(e) Replacement value of any property or equipment stored either on or off the Property;
(f) Coverage limits sufficient to insure for the following perils subject to applicable sub-limits for these perils based on the probable maximum loss of the insured property:

Page 290 ends

4877-5650-6677.40
378683.00002/2-23-26/amc/mrf -18-
(i) Collapse;
(ii) Terrorism;
(iii) Earthquake;
(iv) Flood;
(g) Plans, blueprints and specifications; and
(h) Demolition and increased cost of construction as required by law or ordinance subject to applicable sub-limits.

There must be no coinsurance penalty provision in any such policy. All deductibles or self-insured retentions must be the sole responsibility of Developer.

The policy must provide a “severability of interests provision,” “multiple insured’s clause” or similar wording that the policy is to apply to each insured as if a separate policy had been issued to each insured except as to limits.

Developer shall also require the general contractor and its subcontractors to procure and maintain (and shall ensure that they do procure and maintain) coverage for tools and equipment owned, leased or used by the general contractor or subcontractors in the performance of their work under this contract.

Upon completion of construction, Developer shall provide evidence of “all risk” property insurance covering the improvements, with coverage sufficient to cover the probable maximum loss of such improvements and alterations made by Developer pursuant to the terms hereof, which must include “all risk” coverage using the ISO Causes of Loss - Special Form or (with approval from the Public Agencies) its equivalent, as well as flood insurance, subject to applicable sub- limits for natural hazard exposures based on the probable maximum loss of such improvements.

5.4General Insurance Requirements.

5.4.1Self Insurance/Deductible. The policy or policies under which coverage is provided by Developer may include a deductible or self-insured retention not in cumulative excess of ten million dollars ($10,000,000) on the condition that:
(a) Each insurance policy expressly provides that the
obligations of the policy issuer to the Additional Insured Parties an additional insured are not to be diminished in any way by Developer failure to pay its deductible or self-insured retention obligation for any reason;
(b) Developer provides a declaration under penalty of perjury by a Certified Public Accountant (CPA) acceptable to the Additional Insured Parties and who shall apply a Fiduciary Standard of Care, certifying the accountant has applied Generally Accepted Accounting Principles (GAAP) guidelines confirming that Developer has sufficient funds and

Page 291 ends

4877-5650-6677.40
378683.00002/2-23-26/amc/mrf -19-
resources to cover any self-insured retentions if the cumulative self-insured retentions from all required insured policies are in excess of one million dollars ($1,000,000); and (c) Developer promptly pays any and all amounts due under such deductible or self-insured retention in lieu of insurance proceeds that would have been payable if the insurance policies had not included a deductible or self-insured retention amount.

5.4.2Definition of “Self Insurance”. As used in this Section, “self insurance” means that Developer is itself acting as if it were the insurance company providing the insurance required.

5.4.3Evidence of Insurance. Developer shall furnish evidence of insurance reasonably acceptable to the Additional Insured Parties before Developer commences physical construction within the Properties. Developer shall also provide the Additional Insured Parties with satisfactory evidence of renewal or replacement insurance no later than thirty (30) days after the expiration or termination of such insurance. Developer shall submit full copies of the commercial general liability policy, excess/umbrella liability policy, builder’s risk policy, and the professional liability policy or binders with full specimen copies of the forms for each policy until such time as full copies of the policies are available. This requirement applies prior to Developer starting work on the Properties, including all subsequent renewal policies. Certificates of insurance are required for all other lines of insurance. If, through no fault of Developer, any of the coverage required becomes unavailable, Developer shall provide good faith alternative insurance packages and programs, subject to prior approval by the Public Agencies, with the goal of reaching agreement in good faith on a package providing coverage equivalent to that specified herein.

5.4.4Additional Insured Coverage. All insurance policies maintained by Developer, including property insurance, but excluding Workers’ Compensation and Professional Liability insurance, shall name the Additional Insured Parties as additional insured. Developer’s Commercial General Liability (CGL) insurance policies shall name the Additional Insured Parties as additional insureds using ISO Additional Insured Endorsements CG 20 10 04 13 and CG 20 37 04 13 (or endorsements providing equivalent coverage, subject to approval by the Public Agencies). These endorsements shall provide additional insured coverage for both ongoing operations and completed operations, as required under this Agreement. With respect to liability arising out of or connected with work or operations performed by or on behalf of Developer on the Property, coverage for such additional insureds must not extend to liability to the extent prohibited by California Insurance Code Section 11580.04. The additional insured endorsements shall not limit the scope of coverage for the Additional Insured Parties to vicarious liability but shall instead provide coverage for each Additional Insured Party to the full extent afforded by the policy. Additional Insured Party means the Public Agencies, individually, and Additional Insured Parties, means the Public Agencies, collectively, and each case includes their respective directors, council members, officers, employees, contractors and agents. (a) For CGL provided pursuant to Section 5.2.2, ISO Additional Insured Endorsement CG 20 26 may be substituted for CG 20 10. Coverage shall be provided to the Additional Insured Parties for all claims arising from the Property of the Additional Insured Parties, respectively, or proximately caused by reason of construction activities and the location

Page 292 ends

4877-5650-6677.40
378683.00002/2-23-26/amc/mrf -20-
and placement of improvements within the Property, except to the extent caused by a respective Additional Insured Party’s gross negligence or willful misconduct. (b) For CGL provided pursuant to Section 5.3.1, the CGL policy shall provide coverage to the Additional Insured Parties for both on-going and completed operation losses. Such coverage shall apply to claims proximately caused by the uses authorized under this Agreement, except to the extent such claims are caused by the gross negligence or willful misconduct of a respective Additional Insured Party.

5.4.5Waiver of Subrogation Rights. To the fullest extent permitted by law, Developer hereby waives all rights of recovery under subrogation against the Additional Insured Parties, and any other tenant, contractor, subcontractor or sub-subcontractor performing work or rendering services on behalf of the Additional Insured Parties, in connection with the planning, development and construction of any improvements. To the fullest extent permitted by law, Developer shall require each of its subcontractors, at every tier, to provide a written waiver of subrogation and to include corresponding provisions in their insurance policies. Developer shall require all of the policies and coverages required in this Section to waive all rights of subrogation against the additional insureds (ISO Form CG 24 04 05 09). Such insurance and coverages provided must not prohibit Developer from waiving the right of subrogation prior to a loss or claim.

5.4.6Eligible Insurers. If policies are written by insurance carriers authorized and admitted to do business in the State of California, then the insurance carriers must have a current A.M. Best rating of A-VIII or better and if policies are written by insurance carriers that are non-admitted but authorized to conduct business in the State of California, then they must meet the current A.M. Best rating of A-:X or better, unless otherwise approved in writing by the Public Agencies.

5.5Coverage Amounts. All insurance coverage amounts hereunder shall be increased every five (5) years based on increases, if any, in the consumer price index.

6.INDEMNITY.

6.1Indemnity. Subject to the provisions of Section 6.2 below, Developer shall protect, indemnify, defend, and hold harmless the Public Agencies from and against all claims, demands, expenses, liabilities, losses, damages, and costs, including without limitation any actions or proceedings in connection therewith and reasonable attorneys’ fees related thereto, incurred in connection with, arising from, due to or as a result of the death of, or any accident, injury, loss, or damage, howsoever caused, to, any person or loss or damage arising as a result of Developer’s or Developer’s Permittees’ acts or omissions on or related to the Station Property and the PUDO, including without limitation, the Parking and Staging Easement and the Milliken Parking Easement described in Section 4.2.4 and the Temporary Construction Easement in Section 4.2.6.

Subject to the provisions of Section 6.2 below, the Public Agencies shall protect, indemnify, defend, and hold harmless the Developer from and against all claims, demands, expenses, liabilities, losses, damages, and costs, including without limitation any actions or proceedings in connection therewith and reasonable attorneys’ fees related thereto, incurred in connection with, arising from, due to or as a result of the death of, or any accident, injury, loss, or damage,

Page 293 ends

4877-5650-6677.40
378683.00002/2-23-26/amc/mrf -21-
howsoever caused, to, any person or loss or damage arising as a result of the Public Agencies’ or their Permittees’ acts or omissions on or related to the Surface Property and the PUDO.

6.2General Provisions. Notwithstanding anything to the contrary in this Section 6, neither Party shall be entitled to indemnification for damage to the extent caused by or arising from its negligence or willful misconduct or the negligence or willful misconduct of its Permittees.

7.ENFORCEMENT AND REMEDIES. If any Party defaults in the performance of any obligation under this Agreement (“Defaulting Party” with respect to each individual instance of such default), and if such default remains uncured thirty (30) days after written notice from the other Party (“Nondefaulting Party” with respect to each such individual instance of such default), stating with particularity the nature and extent of such default, then Nondefaulting Party shall have the right to (i) perform such obligation on behalf of such Defaulting Party, (ii) be reimbursed by such Defaulting Party within thirty (30) days of written demand therefor, together with interest at the lesser of the rate of twelve percent (12%) per annum or the maximum rate permitted by law, and/or (iii) commence an action against the Defaulting Party for injunctive relief (including mandatory injunction or specific performance) and/or damages; and nothing in this Agreement, including without limitation the foregoing language and including that a cure period is provided and that a cure may timely occur, shall limit or be in denigration of the rights and remedies of the Nondefaulting Party, including the right to damages and/or other legal or equitable remedies or relief. The failure of the Nondefaulting Party to insist, in any one or more cases, upon the strict performance of any provision of this Agreement shall not be construed as a waiver of the future breach of such provision or any other provision of this Agreement.

8.APPROVALS AND DISPUTE RESOLUTION. Except as otherwise specifically provided herein, no approval shall be unreasonably withheld or delayed. If the Parties are not able to agree on any matter which is to be approved by Party or Parties pursuant to this Agreement, the matter shall, upon demand of any Party, be determined pursuant to the provisions set forth below.

8.1Meet and Confer. If the Parties are unable to resolve a dispute within ten (10) days of written notice of a dispute, the Parties will, at the written request of any Party, require that the matter be reviewed by a senior level executive of each Party (in the case of Developer, by a Senior Vice President or higher, and in the case of the Public Agencies, by the Assistant City Manager or higher or the Deputy Executive Director or higher, as applicable). If senior level executives cannot reach a resolution within ten (10) days of commencing their meet and confer then any Party may seek judicial resolution.

8.2Costs. Each Party will bear its own costs, including attorneys’ fees, which it incurs. In the event the parties use a mediator or arbitrator, they will share equally in the costs of the mediator's services.

9.REVERSIONARY RIGHT.

9.1Reversionary Right. Reference is hereby made to the reversionary right of the Public Agencies with respect to the Station Property as set forth in DDA Section 5.2.2. With

Page 294 ends

4877-5650-6677.40
378683.00002/2-23-26/amc/mrf -22-
respect to such reversionary right, as a matter of clarification, the Parties agree that, if the Public Agencies repay the amount set forth in DDA Section 5.2.2, and there is any secured loan or lien encumbering the Station Property, then the amount paid shall be paid to the secured lender or lienholder to the extent necessary to require a reconveyance/release of the applicable deed of trust or other lien under California law. Additionally, the reversionary right shall no longer apply following the completion of the required improvements set forth in the DDA by Developer and commencement of revenue service on the high speed rail line from the HSR Station.

10.RIGHT OF FIRST NEGOTIATION.

10.1First Negotiation. If the Public Agencies elect to sell all or a portion of the Surface Property and/or the PUDO (which shall be subject to easements and/or licenses provided to Developer), or the Public Agencies receive a bona fide offer to buy all or a portion of the Surface Property and/or PUDO from a purchaser which is acceptable to the Public Agencies, Developer shall have the right of first negotiation to purchase the Surface Property and/or PUDO from the Public Agencies pursuant to the following terms and conditions:

10.1.1Sale Notice. If the Public Agencies elect to sell all or a portion of the Surface Property and/or PUDO, the Public Agencies shall first notify Developer (or its successor owner of the Station Property) in writing before the Surface Property and/or PUDO (or such portion) becomes available for sale to third parties, or if the Public Agencies receive the bona fide offer described above, the Public Agencies shall notify Developer that the Public Agencies have received such an offer (“Sale Notice”). Pursuant to such Sale Notice, the Public Agencies shall then negotiate with Developer to sell the Surface Property and/or PUDO (or such portion) to Developer. The Sale Notice shall set forth the proposed economic terms (including, without limitation, purchase price) and conditions upon which the Public Agencies are willing to sell the Surface Property and/or PUDO (or such portion) (collectively, the “Economic Terms”).

10.1.2Procedure for Acceptance. If Developer wishes to exercise Developer’s right of first negotiation, then within ten (10) business days of the delivery of the Sale Notice to Developer, Developer shall deliver a written notice to the Public Agencies of Developer’s exercise of its right of first negotiation, whereupon the Public Agencies and Developer shall then negotiate the terms of the sale for a period of sixty (60) days (“Negotiation Period”). Developer must elect to exercise its right of first negotiation to purchase all of the Surface Property and/or PUDO offered (not less than what is offered). If Developer does not so notify the Public Agencies within the ten (10) business day period, or terms acceptable to the staff of the Public Agencies (which they would recommend to decision-makers for approval) are not reached during the Negotiation Period, then the Public Agencies shall be free to sell the portion of the Surface Property and/or PUDO offered to Developer to anyone the Public Agencies desire on any terms the Public Agencies desire, and Developer shall no longer have any right to purchase such portion of the Surface Property and/or PUDO; provided, however, if the Public Agencies desire to sell such portion of the Surface Property and/or PUDO (i) for less than ninety percent (90%) of the purchase price, or (ii) later than the date which is one year after the Negotiation Period, then the Public Agencies shall be obligated to give another Sale Notice to Developer in accordance with the terms of this Section 10.1.1 above.

Page 295 ends

4877-5650-6677.40
378683.00002/2-23-26/amc/mrf -23-

10.1.3Agreement. If Developer and the Public Agencies agree on the terms of Developer’s purchase of the Surface Property and/or PUDO (or a portion thereof), then the Public Agencies and Developer shall, within ninety (90) days thereafter, execute a purchase agreement upon which Developer shall agree to purchase the Surface Property and/or PUDO (or a portion thereof) with the following terms: (a) Developer shall complete its due diligence review of the Surface Property and/or PUDO within thirty (30) days following the date of the purchase agreement, (b) the close of escrow under the purchase agreement shall not occur later that thirty (30) days following expiration of the due diligence period, and (c) all remaining terms of the purchase and sale of real property that are in the DDA and not specified in this Section 10.1 shall apply to the purchase and sale transaction.

11. TRAFFIC SIGNAL IMPROVEMENTS AND MAINTENANCE/REPAIR.

11.1Azusa Court/Milliken Avenue Intersection. Developer shall construct a traffic signal and associated intersection improvements at the intersection of Milliken Avenue and Azusa Court (“Intersection”) as part of the development and operation of the HSR Station.

11.2Milliken Avenue/Station Property Driveway. Developer intends to utilize a right-in, right-out movement at the driveway entrance to the Station Property from Milliken Avenue (“Driveway”) as part of the development and operation of the HSR Station. With this configurations, the City is not requiring a traffic signal to control traffic at the Driveway.

However, Developer may not utilize a left-in, left-out movement at the Driveway unless and until a fully signalized T-intersection is constructed and installed at the Driveway in accordance with Section 11.4, unless otherwise agreed to by the City.

11.3Anaheim Place/Azusa Court Intersection and Azusa Court/Surface Property Driveway. Developer completed a traffic study to determine whether any additional traffic improvements are required at the intersection of Anaheim Place and Azusa Court and at the driveway entrance to the Surface Property from Azusa Court. Based on the updated traffic study, the intersection of Anaheim Place and Azusa Court shall be designed and constructed as a two- way stop with full buildout to accommodate a future traffic signal, including the installation of conduit, raceway, and sufficient space for future poles and support infrastructure. The intersection shall initially operate as a two-way stop, with the traffic signal to be installed by Developer when traffic conditions warrant, as determined by a traffic study to be initiated by Developer five (5) years following the commencement of fare-paying Brightline West train operations, and then every decade thereafter unless updated information (e.g., a dramatic rise in ridership or development) warrants a traffic study earlier than such decade milestone. The cost of the future traffic signal installation shall be allocated among Developer, the City, and SBCTA on a proportionate basis reflecting the respected uses of the intersection by Brightline West passengers, Metrolink passengers, and bus operations. Such traffic study prepared by Developer shall analyze such user shares, subject to the reasonable review and approval of the City and SBCTA. The City shall process all permits for the initial intersection improvements in accordance with the process set forth in Section 11.4. To the extent the City has the legal ability to do so, the City shall collect fair-share contributions from, or impose fair-share contribution conditions on, any future development approvals in the vicinity of the intersection to assist in funding the cost of the future traffic signal. If such contributions are collected by third parties, the amounts shall be shared

Page 296 ends

4877-5650-6677.40
378683.00002/2-23-26/amc/mrf -24-
proportionately with Developer, City, and SBCTA. City shall bear no liability for failing to collect such contributions from any third party.

11.4 Permitting Process for Traffic Improvements. Prior to beginning design of any traffic improvements, Developer’s engineer shall meet with the City Engineer’s traffic engineering staff to determine the appropriate design approach and operational characteristics for each traffic improvement. Developer will submit to the City a complete “Right-of-Way Application,” including plans and specifications (the “Application”) for approval of the construction and installation of each traffic improvement. The City will fairly and, in accordance with the City’s customary practices, promptly process (i) the Application within one hundred twenty (120) calendar days of receipt of the Application from Developer (or its agents, representatives, or designees) and all additional applications by Developer (or its agents, representatives, or designees) for City permits necessary for the construction and installation of each traffic improvement, including not limited to, any requisite construction permits, grading permits, building permits, mechanical permits, electrical permits, drainage permits, permits, and requests for inspections and approvals. The City reserves all rights and inherent duties in processing the Application to conduct a good faith review of the Application and to perform its obligation to not approve an incomplete Application if the Application is missing required technical information or is not in compliance with permit approval requirements. The City agrees to promptly notify Developer in writing of any incomplete items, missing information, and the City permit requirements. Developer shall construct and install all traffic improvements in accordance with then existing City standards. Provided the traffic improvements are accepted and completed in accordance with the foregoing (including applicable permits), the City agrees to accept and maintain all traffic improvements once complete.

12.USE OF CITY-OWNED PROPERTY. Developer and the Public Agencies cooperatively negotiated the DDA and associated easements to facilitate the development of the HSR Station. As a result thereof and as of the effective date of this Agreement, Developer acknowledges that the only City-owned property to be used for the HSR Station and any related facilities is identified in the DDA. Except as expressly set forth otherwise in the DDA, Developer shall not use or attempt to use the following City-owned property for transit uses as part of the initial development of the HSR Station without the prior written consent of the City in its sole and absolute discretion: (1) the Transit Center described in Exhibit C; (2) the Milliken Site; (3) the City-owned property adjacent to the I-15 Freeway and identified as APNs 0229-021-81-0000 and 0229-021-80-0000; and (4) property to be dedicated to the City for public use within the area governed by the Resort Specific Plan on the now-closed Empire Lakes Golf Course located north of Sixth Street, south of the BNSF/Metrolink rail line, west of Milliken Avenue, and east of Utica/Cleveland Avenues. Developer further acknowledges and agrees that if it needs additional City-owned property as part of the initial development of the HSR Station, it shall cooperatively negotiate directly with the City regarding the acquisition of such additional property. The foregoing shall not constitute a waiver of Developer’s condemnation powers beyond the initial construction of the HSR Station (i.e., does not limit future use for expansions or reconstruction after the initial HSR Station is constructed and operational).

13.PUBLIC ART. If Developer receives approval of the Consolidated Rail Infrastructure and Safety Improvements grant (“Grant Approval”), Developer shall design, procure, fabricate, and install public art on the exterior facade of the parking garage as part of the

Page 297 ends

4877-5650-6677.40
378683.00002/2-23-26/amc/mrf -25-
HSR Station subject to the reasonable approval of the City (“Art Installation”), in an amount equal to 1.5% of the amount of such Grant Approval, not to exceed One Million Five Hundred Thousand Dollars ($1,500,000.00). If the City desires to enhance the design, procurement, fabrication or installation costs beyond Developer’s funding commitment as outlined above, the City shall be responsible for any such additional costs. If Developer does not receive Grant Approval, Developer shall have no obligation to install the Art Installation or bear any costs relating thereto; provided, however, Developer shall include in the design of the HSR Station the future potential installation of the Art Installation by the City and shall reasonably cooperate, at no out-of-pocket cost to Developer, with the City regarding with the design, fabrication and installation of the Art Installation.

14.MISCELLANEOUS.

14.1Notices. Except as otherwise provided herein, notice to be given to a Party must be in writing and may be delivered to the Party by nationally reputable overnight courier, charges prepaid, or by certified mail, return receipt requested, to the address below (or alternative address subsequently noted by such Party). Such notice is deemed delivered the first business day after delivery to such courier or, if sent by certified mail, the date of delivery or refusal to accept delivery or inability to deliver shown on the return receipt. A party may change its address(es) for notices by a notice given pursuant to this Section.

City: City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
Attn: City Manager
SBCTA: San Bernardino County Transportation Authority
1170 W. Third Street, 2nd Floor
San Bernardino, CA 92410
Attn: Director of Transit & Rail Programs
With a copy to SBCTA General Counsel
At the SBCTA address above
Developer: DesertXpress Enterprises, LLC
8329 W. Sunset Road, Suite 150
Las Vegas, NV 89113
Attn: President
With a copy to Developer’s Legal Department
At the Developer address above

14.2Interpretation. This Agreement is not intended to create, nor shall it be construed to create, a joint venture, a partnership, or any other similar relationship among any of the parties. The captions of the various provisions of this Agreement are for convenience and identification only and shall not be deemed to limit or define the contents thereof. Any references to “Section” or “Sections” contained in this Agreement shall refer to that “Section” or those

Page 298 ends

4877-5650-6677.40
378683.00002/2-23-26/amc/mrf -26-
“Sections” contained in this Agreement. This Agreement shall be construed in accordance with the laws of the State of California. Time is of the essence in this Agreement.

14.3Entire Agreement. This Agreement supersedes all prior written or verbal representations or declarations of the parties with respect to the subject matter hereof. For the sake of clarity, the subject matter of the Reserved Easements are separate and distinct from this Agreement and, as such, this Agreement does not apply to, cover or address the Reserved Easements. In the event of any conflict or inconsistency, the Reserved Easements shall control.

14.4Amendments. No addition, modification, amendment or waiver of any part of this Agreement shall be binding or enforceable unless executed in writing by the Parties and recorded in Official Records.

14.5Remedies Cumulative. All remedies provided in this Agreement are cumulative. Therefore, notwithstanding the exercise by a Party of any remedy hereunder, such Party shall have recourse to all other remedies as may be available at law or in equity. The failure of a Party to insist upon strict performance of any provision of this Agreement shall not be deemed a waiver of any rights or remedies that such Party may have and shall not be deemed a waiver of any subsequent breach or default of any provision hereof by the same or any other Party.

14.6Covenants Running with Land. The covenants contained in this Agreement shall constitute covenants running with the land; shall be binding upon, and shall inure to the benefit of and appurtenant to, the Station Property, the Surface Property, the PUDO, and any portion thereof or interest therein; and shall be binding upon, and shall inure to the benefit of, the Developer, City, SBCTA and any person having or acquiring any interest therein and their successive owners and assigns.

14.7Recordation; Effective Date. This Agreement shall be recorded in the Official Records and shall be effective upon the date thereof.

14.8Estoppel Certificate. Each Party to this Agreement shall endeavor to issue to the requesting Party, or to any prospective purchaser of such requesting Party’s parcel, within fifteen (15) days after the written request of any other Party, but in all events prior to thirty (30) days after such written request, an estoppel certificate stating (i) whether the Party to whom the request has been directed knows of any default under this Agreement and, if there are known defaults, specifying the nature thereof, (ii) whether this Agreement has been modified or amended in any respect and specifying the nature thereof, and (iii) whether this Agreement is, at that time, in full force and effect.

14.9Mechanics’ Liens. If a Party to this Agreement (the “Responsible Party”) shall permit any mechanics’ liens to be filed against another Party’s parcel (an “Affected Party”), the Responsible Party shall either pay the same and have it discharged of record promptly, or take such action as may be required to reasonably and legally object to such lien and the placing of same against such Affected Party’s parcel. In all events, the Responsible Party shall cause the lien to be discharged prior to the entry of judgment for foreclosure of such lien. Upon request of an Affected Party, the Responsible Party shall furnish such security, bond or indemnity to and for the

Page 299 ends

4877-5650-6677.40
378683.00002/2-23-26/amc/mrf -27-
benefit of such Affected Party as may be required to permit a title endorsement or title policy to be issued relating to such Affected Party’s Parcel without showing thereon the effect of such lien.

14.10Duration. Unless terminated by agreement of the Parties, including without limitation execution, acknowledgement and recording in the Official Record of an instrument confirming or otherwise reflecting such termination, this Agreement and each term, easement, covenant, restriction and undertaking contained herein will remain in effect for a term of ninety-nine (99) years following recordation hereof and will automatically be renewed for successive ten (10) year periods thereafter. Termination of this Agreement shall not discharge or excuse any unpaid obligation, and the rights and remedies for collection of any unpaid obligation shall survive the Agreement’s termination. Notwithstanding any election by the Parties to terminate this Agreement, each easement created hereby which benefits the Station Property and/or the Surface Property and its respective owner or owners and Permittees shall be deemed to exist in perpetuity unless it is quitclaimed, or otherwise terminated and extinguished by each Party benefited by such easement. Any Party may request that such easement be documented by separate documentation in the event of a termination of this Agreement.

14.11Severability. If any clause, sentence, or other portion of this Agreement shall become illegal, null, or void for any reason, or shall be held by any court of competent jurisdiction to be so, the remaining portions thereof shall remain in full force and effect.

14.12Governmental Powers. Nothing in this Agreement shall be construed as a waiver or modification of any governmental rights or powers of the Public Agencies.

14.13Force Majeure. Provided that the Party or Parties claiming such delay gives written notice to the other Party or Parties of the nature of the cause of delay within ten (10) business days after the inception of the delay, and not otherwise, if any Party or Parties shall be delayed or hindered in or prevented from the performance of any construction or maintenance obligation required to be performed by such Party or Parties under this Agreement by reason of acts of God, natural disaster (including earthquake, hurricane, flood or severe prolonged adverse weather conditions), the outbreak of a pandemic virus or other pandemic disease, strikes, lockouts, unavailability of materials, failure of power, governmental laws or regulations, a declaration of a national, state or local emergency, directives or orders by a Governmental Authority (including orders by the federal Centers for Disease Control or its successor, or any state, county, or local public health department), riots, insurrections, adverse weather conditions preventing the performance of work as certified to by the licensed architect, engineer, or other individual overseeing the performance of the relevant work, war or other reason beyond such Party’s or Parties’ control, then the time for performance of such act shall be extended for a period equal to the period of such delay. Lack of adequate funds or financial inability to perform is not and shall not be deemed to be a cause beyond the control of a Party or Parties.

14.14Effect of Agreement; Binding Covenants; Equitable Servitudes. Except as otherwise expressly provided herein, no rights or privileges conferred by this Agreement upon the Parties hereto shall inure to the benefit of any Permittee or other person or entity other than the Developer, City, SBCTA, or their respective successors and assigns, nor shall any such other person be deemed to be a third-party beneficiary of any of the provisions contained herein. Each and all of the restrictions, covenants, and easements of this Agreement (i) shall constitute equitable

Page 300 ends

4877-5650-6677.40
378683.00002/2-23-26/amc/mrf -28-
servitudes which shall apply to and be binding on the Parties hereto and each and all of their respective successors, assigns, and Permittees; and (ii) are imposed pursuant to a general plan for the improvement and use of the HSR Station and are designed for the mutual benefit of the Parties to this Agreement.

14.15 Time of Essence. Time is of the essence of every provision hereof in which time is a factor.

14.16City Manager Authority. The City Manager of the City may give all approvals and make all elections described herein on behalf of the City provided they are in writing.
[SIGNATURES ON FOLLOWING PAGE]

Page 301 ends

4877-5650-6677.40
378683.00002/2-23-26/amc/mrf -29-
The Parties have executed this Agreement as of the date first written above.

DEVELOPER:

DESERTXPRESS ENTERPRISES, LLC,
a Nevada limited liability company
By:

Sarah Watterson, President
APPROVED AS TO LEGAL FORM:
_____________________________
David M. Pickett,
Associate General Counsel
CITY:

CITY OF RANCHO CUCAMONGA
By:

L. Dennis Michael Mayor
APPROVED AS TO LEGAL FORM:
_____________________________
Nicholas Ghirelli, City Attorney
SBCTA:

SAN BERNARDINO COUNTY

TRANSPORTATION AUTHORITY
By:

Rick Denison,
Board President
APPROVED AS TO LEGAL FORM:
_______________________________
Julianna K. Tillquist, General Counsel

Page 302 ends

4877-5650-6677.40
378683.00002/2-23-26/amc/mrf -30-

NOTARY ACKNOWLEDGEMENTS
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

COUNTY OF
On , , before me,
(here insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
(Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
(Seal)

NOTARY ACKNOWLEDGEMENTS

Page 303 ends

4877-5650-6677.40
378683.00002/2-23-26/amc/mrf -31-
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
(Seal)

Page 304 ends

4877-5650-6677.40
378683.00002/2-23-26/amc/mrf

EXHIBIT A
-1-

EXHIBIT A

LEGAL DESCRIPTION AND DEPICTION OF STATION PROPERTY

Page 305 ends

4877-5650-6677.40
378683.00002/2-23-26/amc/mrf
LEGAL

DESCRIPTION AND

DEPICTION OF

STATION

PROPERTY
-2-

Page 306 ends

4877-5650-6677.40
378683.00002/2-23-26/amc/mrf
LEGAL

DESCRIPTION AND

DEPICTION OF

STATION

PROPERTY
-3-

Page 307 ends

4877-5650-6677.40
378683.00002/2-23-26/amc/mrf

EXHIBIT B
-1-

EXHIBIT B

LEGAL DESCRIPTION AND DEPICTION OF SURFACE PROPERTY

Page 308 ends

4877-5650-6677.40
378683.00002/2-23-26/amc/mrf
LEGAL

DESCRIPTION AND

DEPICTION OF

SURFACE

PROPERTY
-2-

Page 309 ends

4877-5650-6677.40
378683.00002/2-23-26/amc/mrf
LEGAL

DESCRIPTION AND

DEPICTION OF

SURFACE

PROPERTY
-3-

Page 310 ends

4877-5650-6677.40
378683.00002/2-23-26/amc/mrf
LEGAL

DESCRIPTION AND

DEPICTION OF

SURFACE

PROPERTY
-4-

Page 311 ends

4877-5650-6677.40
378683.00002/2-23-26/amc/mrf
LEGAL

DESCRIPTION AND

DEPICTION OF

SURFACE

PROPERTY
-5-

Page 312 ends

4877-5650-6677.40
378683.00002/2-23-26/amc/mrf
LEGAL

DESCRIPTION AND

DEPICTION OF

SURFACE

PROPERTY
-6-

Page 313 ends

4877-5650-6677.40
378683.00002/2-23-26/amc/mrf

EXHIBIT C
-1-

EXHIBIT C

LEGAL DESCRIPTION AND DEPICTION OF TRANSIT PROPERTY

Page 314 ends

4877-5650-6677.40
378683.00002/2-23-26/amc/mrf
LEGAL

DESCRIPTION AND

DEPICTION OF

TRANSIT

PROPERTY
-2-

Page 315 ends

4877-5650-6677.40
378683.00002/2-23-26/amc/mrf

EXHIBIT D
-1-

EXHIBIT D

LEGAL DESCRIPTION AND DEPICTION OF PUDO

Page 316 ends

4877-5650-6677.40
378683.00002/2-23-26/amc/mrf
LEGAL

DESCRIPTION AND

DEPICTION OF
PUDO
-2-

Page 317 ends

4877-5650-6677.40
378683.00002/2-23-26/amc/mrf
LEGAL

DESCRIPTION AND

DEPICTION OF
PUDO
-3-

Page 318 ends

TABLE OF CONTENTS
Page
4877-5650-6677.40
378683.00002/2-23-26/amc/mrf (i)

1. DEFINITIONS..................................................................................................................2

1.1 Agreement .............................................................................................................3

1.2 City........................................................................................................................3

1.3 Developer Permittee..............................................................................................3

1.4 DDA ......................................................................................................................3

1.5 HSR Station...........................................................................................................3

1.6 Metrolink...............................................................................................................3

1.7 Official Records ....................................................................................................3

1.8 Party ......................................................................................................................3

1.9 Permittee................................................................................................................3

1.10 Properties...............................................................................................................3

1.11 PUDO....................................................................................................................3

1.12 Public Agencies Permittee ....................................................................................4

1.13 San Gabriel Subdivision Lease Agreement...........................................................4

1.14 SBCTA..................................................................................................................4

1.15 Station Property.....................................................................................................4

1.16 Surface Property....................................................................................................4

1.17 Transit Center........................................................................................................4

2. USE RESTRICTIONS ......................................................................................................4

2.1 Use Restrictions.....................................................................................................4

2.2 Maintenance and Security .....................................................................................4

3. MAINTENANCE AND OPERATIONAL OBLIGATIONS...........................................5

3.1 Maintenance and Repair........................................................................................5

3.2 Cooperation ...........................................................................................................6

3.3 Operation of HSR Station .....................................................................................6

3.4 Modifications After Initial Construction...............................................................6

3.5 Operation of PUDO...............................................................................................6

4. EASEMENTS ...................................................................................................................7

4.1 Easements for the Benefit of the Surface Property ...............................................7

4.2 Easements for the Benefit of the Station Property ................................................8

5. INSURANCE..................................................................................................................13

5.1 Public Agency Insurance Requirements .............................................................13

5.2 Developer Insurance Requirements ....................................................................13

5.3 Insurance During Construction ...........................................................................14

5.4 General Insurance Requirements ........................................................................18

Page 319 ends

Page
4877-5650-6677.40
378683.00002/2-23-26/amc/mrf (ii)

5.5 Coverage Amounts..............................................................................................20

6. INDEMNITY ..................................................................................................................20

6.1 Indemnity ............................................................................................................20

6.2 General Provisions ..............................................................................................20

7. ENFORCEMENT AND REMEDIES.............................................................................20

8. APPROVALS AND DISPUTE RESOLUTION ............................................................21

8.1 Meet and Confer..................................................................................................21

8.2 Costs....................................................................................................................21

9. REVERSIONARY RIGHT.............................................................................................21

9.1 Reversionary Right..............................................................................................21

10. RIGHT OF FIRST NEGOTIATION ..............................................................................21

10.1 First Negotiation..................................................................................................21

11. TRAFFIC SIGNAL IMPROVEMENTS AND MAINTENANCE/REPAIR.................22

11.1 Azusa Court/Milliken Avenue Intersection.........................................................23

11.2 Milliken Avenue/Station Property Driveway......................................................23

11.3 Anaheim Place/Azusa Court Intersection and Azusa Court/Surface Property Driveway ..............................................................................................23

11.4 Permitting Process for Traffic Improvements.....................................................23

12. USE OF CITY-OWNED PROPERTY ...........................................................................24

13. PUBLIC ART..................................................................................................................24

14. MISCELLANEOUS .......................................................................................................24

14.1 Notices.................................................................................................................25

14.2 Interpretation .......................................................................................................25

14.3 Entire Agreement ................................................................................................25

14.4 Amendments........................................................................................................25

14.5 Remedies Cumulative .........................................................................................26

14.6 Covenants Running with Land............................................................................26

14.7 Recordation; Effective Date................................................................................26

14.8 Estoppel Certificate.............................................................................................26

14.9 Mechanics’ Liens ................................................................................................26

14.10 Duration...............................................................................................................26

14.11 Severability..........................................................................................................27

Page 320 ends

Page
4877-5650-6677.40
378683.00002/2-23-26/amc/mrf (iii)

14.12 Governmental Powers .........................................................................................27

14.13 Force Majeure .....................................................................................................27

14.14 Effect of Agreement; Binding Covenants; Equitable Servitudes........................27

14.15 Time of Essence ..................................................................................................27

14.16 City Manager Authority ......................................................................................27

Page 321 ends

DATE: March 4, 2026
TO: Mayor and Members of the City Council
FROM: Elisa C. Cox, City Manager
INITIATED BY: Peter Castro, Deputy City Manager
Jason C. Welday, Director of Engineering/City Engineer
Ulises Benavente, Associate Engineer
SUBJECT: Consideration to Approve an Improvement Agreement and Improvement Securities for Public Improvements, Order the Annexation to Landscape Maintenance District No. 1, and Approve a Memorandum of License Agreement Between the City of Rancho Cucamonga and 8500 Haven, LLC for a Three Foot Non-Exclusive Revocable Encroachment Into an Existing Ten-Foot Public Sidewalk Easement Related to Case No.

DRC2021-00200, Located on the Southwest Corner of Haven Avenue and Arrow Route. (RESOLUTION NO. 2026-010) (CITY)
RECOMMENDATION:

Staff recommends the City Council:

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

2. Accept security in the form of cash deposit for completion of the related public improvements;

3. Approve the plans and specifications for the related public improvements on file with the City Engineer;

4. Adopt the attached resolution ordering the annexation to Landscape Maintenance District No. 1; and

5. Approve the Memorandum of License Agreement between the City of Rancho Cucamonga and 8500 Haven, LLC for a maximum three (3) foot non-exclusive revocable encroachment into an existing ten (10) foot wide public sidewalk easement and authorize the Mayor and the City Clerk to sign and record said Agreement.

BACKGROUND:

On June 22, 2022, the Planning Commission approved Case No. DRC2021-00200 for a mixed- use development comprised of 248 apartments and 23,750 square feet of commercial space on a vacant site located at the southwest corner of Haven Avenue and Arrow Route.

The project was approved with the condition that certain public improvements be constructed including a new slip lane with a protected bike lane, curbside parking, sidewalk, street lighting, traffic signal modifications, and landscaping along the west side of Haven Avenue and new sidewalk, curb and gutter, street lighting, and landscaping along the south side of Arrow Route.

Page 322 ends

Page 2 ends

3 3
2 5
The project was also conditioned to enter into a license agreement with the City for a maximum three (3) foot non-exclusive revocable encroachment of various structures installed within an existing ten (10) foot wide public sidewalk easement. The various structures encroaching the public easement include planters, planter walls, planter drainage, retaining walls concrete steps, handrails, raised deck, and support piers for deck.

ANALYSIS:

The applicant, 8500 Haven, LLC, has submitted an Improvement Agreement and the security to guarantee construction of the off-site public improvements in the following amount:

Faithful Performance Cash Deposit $647,600
The Memorandum of License Agreement between the City of Rancho Cucamonga and 8500 Haven, LLC submitted by the applicant establishes the scope of use of the encroachment, maintenance and operation responsibilities of the private owner, accessibility for public utility companies to access their utilities, and other conditions described on the agreement. The proposed improvements have been reviewed for consistency with the approved site plan and align with the intended design and layout of the development. These modifications do not alter or interfere with any existing or planned public improvements within the public right-of-way. As a result, the proposed improvements are expected to maintain compliance with applicable standards and will not create additional impacts on public facilities or services.

Approval of these items by the City Council would allow for the execution of the Improvement Agreement, acceptance of the security for the construction of certain public improvements, adoption of the attached resolution ordering the annexation to Landscape Maintenance District No. 1, and approval of the Memorandum of License Agreement and permit its recordation. Copies of the Improvement Agreement and annexation form are on file in the City Clerk’s office.

ENVIRONMENTAL ANALYSIS:

Pursuant to the California Environmental Act (CEQA) and the City’s local CEQA Guidelines, a CEQA Guidelines Section 15183 Compliance Memorandum dated June 6, 2022, was prepared and the Planning Commission found that there was no substantial evidence that the project would have a significant effect upon the environment. Based on the findings contained in the memorandum, it was concluded that the project is within the scope of the Environmental Impact Report (EIR) (SCH No. 2021050261) adopted and certified as part of the City’s General Plan (GPU) on December 15, 2021. The project will not have one (1) or more significant effects not discussed in the GPU EIR, nor have more severe effects than previously analyzed, and additional or different mitigation measures are not required to reduce the impacts of the project to a level of less than significant.

FISCAL IMPACT:

The proposed annexation would supply additional annual revenue into the landscape maintenance district in the following amount:

Landscape Maintenance District No. 1: $11,434.04
The applicant will be installing fourteen (14) new street trees that will be maintained by the City.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

Page 323 ends

Page 3 ends

3 3
2 5
This item addresses the City Council’s vision to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive through the construction of high-quality public improvements.

ATTACHMENTS:

Attachment 1 – Vicinity Map
Attachment 2 – Resolution Ordering Annexation LMD No. 1 Attachment 3 – Memorandum of License Agreement

Page 324 ends

ATTACHMENT #1

Case No. DRC2021-00200

Vicinity Map

NOT TO SCALE

Page 325 ends

Resolution No. 2026-XXX – Page 1 of 6
ATTACHMENT 2
RESOLUTION NO. 2026-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. 1 (GENERAL CITY) FOR
PROJECT CASE NO. DRC2021-00200
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. 1 (General City) (the “District”); and
WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and
WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer’s report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and
WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California (“Article XIII D”) establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and
WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the “Territory”) be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the “Improvements”); and
WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled “Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property” (the “Consent and Waiver”); and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and

Page 326 ends

Resolution No. 2026-XXX – Page 2 of 6
6 5
4 7
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 of the Territory.

Page 327 ends

Resolution No. 2026-XXX – Page 3 of 6
6 5
4 7
PASSED, APPROVED, AND ADOPTED this ________ day of ______________ 2026.

Page 328 ends

Resolution No. 2026-XXX – Page 4 of 6
6 5
4 7
Exhibit A
Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is:
8500 Haven, LLC
The legal description of the Property is:

LOT 3 OF TRACT MAP NO. 16909 IN THE CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 331 PAGES 50-53 INCLUSIVE OF MAPS.

Assessor’s Parcels Numbers of the Property:
0209-092-16-0000

Page 329 ends

Resolution No. 2026-XXX – Page 5 of 6
6 5
4 7
Exhibit B
Description of the District Improvements
Fiscal Year 2025/26
Landscape Maintenance District No. 1 (General City):

Landscape Maintenance District No. 1 (General City) (the “Maintenance District”) represents various landscaped areas, parks and community trails located at various sites throughout the City.

These sites consist of several non-contiguous areas throughout the City. As such, the parcels within this District do not represent a distinct district area as do the other LMD’s within the City.

Typically, new parcels within this District have been annexed upon development.

The various sites maintained by the District consist of parkways, median islands, paseos, street trees, entry monuments, community trails and parks. The parks consist of Bear Gulch Park, East and West Beryl Park, Old Town Park, Church Street Park, Golden Oaks Park, Hermosa Park, and the undeveloped Don Tiburcio Tapia Park.

Proposed additions to the Improvements for Project Case No. DRC2021-00200:

Installation of fourteen (14) street trees.

Page 330 ends

Resolution No. 2026-XXX – Page 6 of 6
6 5
4 7
Exhibit C
Proposed Annual Assessment
Fiscal Year 2025/26
Landscape Maintenance District No.1 (General City):

The rate per Equivalent Benefit Unit (EBU) is $92.21 for the fiscal year 2025/26. The following table summarizes the assessment rate for Landscape Maintenance District No. 1 (General City) for DRC2021-00200:

Land Use Basis
EBU*
Factor
Rate per
EBU*
Single Family Residential Parcel 1.00 $92.21
Multi-Family Residential Unit 0.50 $92.21
Non-Residential Acre 2.00 $92.21
The proposed annual assessment for the property described in Exhibit A is as follows:
248 Units x 0.50 EBU Factor x $92.21 Rate per EBU = $11,434.04 Annual Assessment

Page 331 ends

Page 332 ends

Page 333 ends

Page 334 ends

Page 335 ends

Page 336 ends

Page 337 ends

Page 338 ends

Page 339 ends

Page 340 ends

Page 341 ends

Page 342 ends

Page 343 ends

DATE: March 4, 2026
TO: Mayor and Members of the City Council
FROM: Elisa C. Cox, City Manager
INITIATED BY: Peter Castro, Deputy City Manager
Jason C. Welday, Director of Engineering Services/City Engineer Christopher Sorensen, Senior Engineer
Sarine Hazarshahian, Assistant Engineer
SUBJECT: Consideration of a Resolution Approving a Master Agreement for Administration of Federal Grant Funding and Program Supplemental Agreements with the California Department of Transportation, and Authorizing the City Manager, Director of Engineering Services, or Director of Public Works Services Authority to Sign, Approve, and Execute all Current and Future Master Agreements, Program Supplement Agreements, and all Related Documents. (RESOLUTION NO. 2026-009) (CITY)
RECOMMENDATION:

Staff recommends that the City Council adopt the attached resolution approving the Master Agreement and Program Supplement Agreement with the California Department of Transportation (Caltrans) and authorizing the City Manager, Director of Engineering Services, or Director of Public Works Services authority to sign, approve, and execute all current and future Master Agreements, Program Supplement Agreements, and all related documents.

BACKGROUND:

In 2024, the City submitted a grant application to the Southern California Association of Governments for the Carbon Reduction Program (CRP) Grant Funding. The application was successful and the City was originally awarded $3,000,000 towards the design of the City Center Boulevards Project. In 2025, the City requested additional funds and was awarded an additional $975,000 bringing the total award to $3,975,000. This project includes complete street elements with improved pedestrian and bicycle facilities, transit stops, and design options for an eventual center running, dedicated transit lane on Foothill Boulevard. Multiway frontage roads are included to accommodate on-street parking, while providing access to key work, retail, and recreation designations along the corridor.

ANALYSIS:

In addition to a number of policies, administration of State and Federal grant funding under the purview of Caltrans is also governed by Master Agreements and project specific Program Supplement Agreements between Caltrans and grant recipients. Each grant recipient enters into a Master Agreement for each type of funding being granted (i.e., State, Federal, State and Federal, etc.). These Master Agreements remain in effect until superseded by a later version of

Page 344 ends

Page 2 ends

3 3
4 0
the agreement. Caltrans has updated its Master Agreement for State funding and is requiring that the City execute the new agreement as a condition for receiving CRP funding for this project.

Further, Caltrans issues a Program Supplement Agreement for each individual grant award that must also be approved by the City. The Program Supplement Agreement provides project specific details and conditions related to the administration of the project’s grant funds. The updated Master Agreement and Project-specific Program Supplement Agreement are attached for reference along with a resolution authorizing their execution for the City Council’s consideration.

Additionally, the resolution would authorize the City Manager, Director of Engineering Services, or Director of Public Works Services to execute any project related documents as well as future Program Supplement Agreements related to the subject Master Agreement. This authorization would streamline the implementation process for grant funded projects in the future.

FISCAL IMPACT:

Under the grant award, a total of $3,975,000 will be eligible for reimbursement for the City Center Boulevards Project. This reimbursement requires a minimum local match of $515,000. Funding for $390,000 of the local match has been included in the Fiscal Year 2025/26 Budget from the Transportation Fund (F124). Since the City received additional grant funds, an additional $125,000 will need to be appropriated from the Transportation Fund (F124) to meet the increased local match amount. A request for the additional appropriation will be made at the time a contract award is considered by the City Council.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

This item addresses the City Council’s Core Values by promoting and enhancing a safe and healthy community for all through the design and construction of complete street elements with improved pedestrian and bicycle facilities, and transit stops.

ATTACHMENTS:

Attachment 1 – Resolution No. 2026-009
Attachment 2 – Master Agreement No. 08-5420F15
Attachment 3 – Program Supplement No. F015

Page 345 ends

Resolution No. 2026-XXX - Page 1 of 2
6 5
6 2
RESOLUTION NO. 2026-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

CUCAMONGA, STATE OF CALIFORNIA, AUTHORIZING THE

EXECUTION AND SIGNING OF A MASTER AGREEMENT FOR

ADMINISTRATION OF FEDERAL GRANT FUNDING AND PROGRAM

SUPPLEMENTAL AGREEMENTS BETWEEN THE CITY OF RANCHO

CUCAMONGA AND THE CALIFORNIA DEPARTMENT OF

TRANSPORTATION, AND AUTHORIZING THE CITY MANAGER,

DIRECTOR OF ENGINEERING SERVICES, OR DIRECTOR OF PUBLIC

WORKS SERVICES AUTHORITY TO SIGN, APPROVE, AND EXECUTE

ALL FUTURE MASTER AGREEMENTS, PROGRAM SUPPLEMENT

AGREEMENTS, AND ALL RELATED DOCUMENTS
WHEREAS, the City of Rancho Cucamonga is eligible to receive Federal and/or State funding for certain Transportation Projects, through the California Department of Transportation; and WHEREAS, Master Agreements, Program Supplemental Agreements, Fund exchange Agreements and/or Fund Transfer Agreements need to be executed with the California Department of Transportation before such funds could be claimed; and
WHEREAS, the City wishes to delegate authorization to execute these agreements and any amendments thereto to the City Manager, Director of Engineering Services, or Director of Public Works Services be authorized to execute all Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, Fund Transfer Agreements and any amendments thereto with California Department of Transportation.

ATTACHMENT 1

Page 346 ends

Resolution No. 2026-XXX - Page 2 of 2
6 5
6 2
PASSED, APPROVED, and ADOPTED this Xst day of Month, 202X.

______________________________________
L. Dennis Michael, Mayor
ATTEST:
_________________________________
Kim Sevy, City Clerk

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF RANCHO CUCAMONGA )
I, Kim Sevy, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the Xst day of Month, 202X.

AYES: Hutchison, Kennedy, Michael, Scott, Stickler
NOES: None
ABSENT: None
ABSTAINED: None
Executed this Xnd day of Month, 202X, at Rancho Cucamonga, California. ______________________________________
Kim Sevy, City Clerk

Page 347 ends

08 City of Rancho Cucamonga
-------- ---------------------------------------------- District Administering Agency
Agreement No. 08-5420F15
This AGREEMENT, is entered into effective this _______ day of ____________, 20 , by and between City of Rancho Cucamonga, hereinafter referred to as "ADMINISTERING AGENCY," and the State of California, acting by and through its Department of Transportation (Caltrans), hereinafter referred to as "STATE", and together referred to as "PARTIES" or individually as a "PARTY."
RECITALS:

1. WHEREAS, the Congress of the United States has enacted the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991 and subsequent Transportation Authorization Bills to fund transportation programs; and

2. WHEREAS, the Legislature of the State of California has enacted legislation by which certain federal-aid funds may be made available for use on local transportation related projects of public entities qualified to act as recipients of these federal-aid funds in accordance with the intent of federal law; and

3. WHEREAS, before federal funds will be made available for a specific program project, ADMINISTERING AGENCY and STATE are required to enter into an agreement to establish terms and conditions applicable to the ADMINISTERING AGENCY when receiving federal funds for a designated PROJECT facility and to the subsequent operation and maintenance of that completed facility.

NOW, THEREFORE, the PARTIES agree as follows:

ARTICLE I - PROJECT ADMINISTRATION

1. This AGREEMENT shall have no force or effect with respect to any program project unless and until a project-specific "Authorization/Agreement Summary", herein referred to as "E-76" document, is approved by STATE and the Federal Highway Administration (FHWA).

2. The term "PROJECT", as used herein, means that authorized transportation related project and related activities financed in part with federal-aid funds as more fully- described in an "Authorization/ Agreement Summary" or "Amendment/Modification

MASTER AGREEMENT

ADMINISTERING AGENCY-STATE AGREEMENT

FEDERAL-AID PROJECTS
1 ofPage 22

Page 348 ends

Summary", herein referred to as "E-76" or "E-76 (AMOD)" document authorized by STATE and the Federal Highway Administration (FHWA).

3. The E-76/E-76 (AMOD) shall designate the party responsible for implementing PROJECT, type of work and location of PROJECT.

4. The PROGRAM SUPPLEMENT sets out special covenants as a condition for the ADMINISTERING AGENCY to receive federal-aid funds from/through STATE for designated PROJECT. The PROGRAM SUPPLEMENT shall also show these federal funds that have been initially encumbered for PROJECT along with the matching funds to be provided by ADMINISTERING AGENCY and/or others. Execution of PROGRAM SUPPLEMENT by the PARTIES shall cause ADMINISTERING AGENCY to adopt all of the terms of this AGREEMENT as though fully set forth therein in the PROGRAM SUPPLEMENT. Unless otherwise expressly delegated in a resolution by the governing body of ADMINISTERING AGENCY, and with written concurrence by STATE, the PROGRAM SUPPLEMENT shall be approved and managed by the governing body of ADMINISTERING AGENCY.

5. ADMINISTERING AGENCY agrees to execute and return each project-specific PROGRAM SUPPLEMENT within ninety (90) days of receipt. The PARTIES agree that STATE may suspend future authorizations/obligations and invoice payments for any on-going or future federal-aid project performed by ADMINISTERING AGENCY if any project-specific PROGRAM SUPPLEMENT is not returned within that ninety (90) day period unless otherwise agreed by STATE in writing.

6. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of federal funds encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, to comply with the terms and conditions of this AGREEMENT and all of the agreed-upon Special Covenants or Remarks incorporated within the PROGRAM SUPPLEMENT, and Cooperative/Contribution Agreement where appropriate, defining and identifying the nature of the specific PROJECT.

7. Federal, state and matching funds will not participate in PROJECT work performed in advance of the approval of the E-76 or E-76 (AMOD), unless otherwise stated in the executed project- specific PROGRAM SUPPLEMENT. ADMINISTERING AGENCY agrees that it will only proceed with the work authorized for that specific phase(s) on the project-specific E-76 or E-76 (AMOD). ADMINISTERING AGENCY further agrees to not proceed with future phases of PROJECT prior to receiving an E-76 (AMOD) from STATE for that phase(s) unless no further federal funds are needed or for those future phase(s).

8. That PROJECT or portions thereof, must be included in a federally approved Federal Statewide Transportation Improvement Program (FSTIP) prior to ADMINISTERING AGENCY submitting the "Request for Authorization".

9. ADMINISTERING AGENCY shall conform to all state statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES") relating to the federal-aid program, all Title 23 Code of Federal Regulation (CFR) and 2 CFR part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project-specific PROGRAM SUPPLEMENT.

10. If PROJECT is not on STATE-owned right of way, PROJECT shall be constructed in accordance with LOCAL ASSISTANCE PROCEDURES that describes minimum statewide 2 ofPage 22

Page 349 ends

design standards for local agency streets and roads. LOCAL ASSISTANCE PROCEDURES for projects off the National Highway System (NHS) allow STATE to accept either the STATE''s minimum statewide design standards or the approved geometric design standards of ADMINISTERING AGENCY. Additionally, for projects off the NHS, STATE will accept ADMINISTERING AGENCY- approved standard specifications, standard plans, materials sampling and testing quality assurance programs that meet the conditions described in the then current LOCAL ASSISTANCE PROCEDURES.

11. If PROJECT involves work within or partially within STATE-owned right-of-way, that PROJECT shall also be subject to compliance with the policies, procedures and standards of the STATE Project Development Procedures Manual and Highway Design Manual and, where appropriate, an executed Cooperative Agreement between STATE and ADMINISTERING AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES. ADMINISTERING AGENCY and its contractors shall each obtain an encroachment permit through STATE prior to commencing any work within STATE rights of way or work which affects STATE facilities.

12. When PROJECT is not on the State Highway System but includes work to be performed by a railroad, the contract for such work shall be prepared by ADMINISTERING AGENCY or by STATE, as the PARTIES may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an agreement with the railroad providing for future maintenance of protective devices or other facilities installed under the contract.

13. If PROJECT is using STATE funds, the Department of General Services, Division of the State Architect, or its designee, shall review the contract PS''&''E for the construction of buildings, structures, sidewalks, curbs and related facilities for accessibility and usability. ADMINISTERING AGENCY shall not award a PROJECT construction contract for these types of improvements until the State Architect has issued written approval stating that the PROJECT plans and specifications comply with the provisions of sections 4450 and 4454 of the California Government Code, if applicable. Further requirements and guidance are provided in Title 24 of the California Code of Regulations.

14. ADMINISTERING AGENCY will advertise, award and administer PROJECT in accordance with the current LOCAL ASSISTANCE PROCEDURES unless otherwise stated in the executed project-specific PROGRAM SUPPLEMENT.

15. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and inspection of each PROJECT. While consultants may perform supervision and inspection work for PROJECT with a fully qualified and licensed engineer, ADMINISTERING AGENCY shall provide a full-time employee to be in responsible charge of each PROJECT who is not a consultant.

16. ADMINISTERING AGENCY shall submit PROJECT-specific contract award documents to STATE''s District Local Assistance Engineer within sixty (60) days after contract award. A copy of the award documents shall also be included with the submittal of the first invoice for a construction contract by ADMINISTERING AGENCY.

17. ADMINISTERING AGENCY shall submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure by ADMINISTERING AGENCY to submit a "Report of Expenditures" within one hundred eighty (180) days of project completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LOCAL ASSISTANCE PROCEDURES.
3 ofPage 22

Page 350 ends

18. ADMINISTERING AGENCY shall comply with: (i) section 504 of the Rehabilitation Act of 1973 which prohibits discrimination on the basis of disability in federally assisted programs; (ii) the Americans with Disabilities Act (ADA) of 1990 which prohibits discrimination on the basis of disability irrespective of funding; and (iii) all applicable regulations and guidelines issued pursuant to both the Rehabilitation Act and the ADA.

19. The Congress of the United States, the Legislature of the State of California and the Governor of the State of California, each within their respective jurisdictions, have prescribed certain nondiscrimination requirements with respect to contract and other work financed with public funds. ADMINISTERING AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM (Exhibit A attached hereto) and the NONDISCRIMINATION ASSURANCES (Exhibit B attached hereto).

ADMINISTERING AGENCY further agrees that any agreement entered into by ADMINISTERING AGENCY with a third party for performance of PROJECT-related work shall incorporate Exhibits A and B (with third party''s name replacing ADMINISTERING AGENCY) as essential parts of such agreement to be enforced by that third party as verified by ADMINISTERING AGENCY.

ARTICLE II - RIGHTS OF WAY

1. No contract for the construction of a federal-aid PROJECT shall be awarded until all necessary rights of way have been secured. Prior to the advertising for construction of PROJECT, ADMINISTERING AGENCY shall certify and, upon request, shall furnish STATE with evidence that all necessary rights of way are available for construction purposes or will be available by the time of award of the construction contract.

2. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability that may result in the event the right of way for a PROJECT, including, but not limited to, being clear as certified or if said right of way is found to contain hazardous materials requiring treatment or removal to remediate in accordance with Federal and State laws. The furnishing of right of way as provided for herein includes, in addition to all real property required for the PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law, of relocation costs and damages to remainder real property not actually taken but injuriously affected by PROJECT. ADMINISTERING AGENCY shall pay, from its own non- matching funds, any costs which arise out of delays to the construction of PROJECT because utility facilities have not been timely removed or relocated, or because rights of way were not available to ADMINISTERING AGENCY for the orderly prosecution of PROJECT work.

3. Subject to STATE approval and such supervision as is required by LOCAL ASSISTANCE PROCEDURES over ADMINISTERING AGENCY''s right of way acquisition procedures, ADMINISTERING AGENCY may claim reimbursement from federal funds for expenditures incurred in purchasing only the necessary rights of way needed for the 4 ofPage 22

Page 351 ends

PROJECT after crediting PROJECT with the fair market value of any excess property retained and not disposed of by ADMINISTERING AGENCY.

4. When real property rights are to be acquired by ADMINISTERING AGENCY for a PROJECT, said ADMINISTERING AGENCY must carry out that acquisition in compliance with all applicable State and Federal laws and regulations, in accordance with State procedures as published in State''s current LOCAL ASSISTANCE PROCEDURES and STATE''s Right-of-Way Manual, subject to STATE oversight to ensure that the completed work is acceptable under the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.

5. Whether or not federal-aid is to be requested for right of way, should ADMINISTERING AGENCY, in acquiring right of way for PROJECT, displace an individual, family, business, farm operation, or non-profit organization, relocation payments and services will be provided as set forth in 49 CFR, Part 24. The public will be adequately informed of the relocation payments and services which will be available, and, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from his/her dwelling or to move his/her business or farm operation without at least ninety (90) days written notice from ADMINISTERING AGENCY.

ADMINISTERING AGENCY will provide STATE with specific assurances, on each portion of the PROJECT, that no person will be displaced until comparable decent, safe and sanitary replacement housing is available within a reasonable period of time prior to displacement, and that ADMINISTERING AGENCY''s relocation program is realistic and adequate to provide orderly, timely and efficient relocation of PROJECT-displaced persons as provided in 49 CFR, Part 24.

6. ADMINISTERING AGENCY shall, along with recording the deed or instrument evidencing title in the name of the ADMINISTERING AGENCY or their assignee, also record an Agreement Declaring Restrictive Covenants (ADRC) as a separate document incorporating the assurances included within Exhibits A and B and Appendices A, B, C and D of this AGREEMENT, as appropriate.
5 ofPage 22

Page 352 ends

ARTICLE III - MAINTENANCE AND MANAGEMENT

1. ADMINISTERING AGENCY will maintain and operate the property acquired, developed, constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide.

With the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the PROJECT property may transfer this obligation and responsibility to maintain and operate PROJECT property for that intended public purpose to another public entity.

2. Upon ADMINISTERING AGENCY''s acceptance of the completed federal-aid construction contract or upon contractor being relieved of the responsibility for maintaining and protecting PROJECT, ADMINISTERING AGENCY will be responsible for the maintenance, ownership, liability, and the expense thereof, for PROJECT in a manner satisfactory to the authorized representatives of STATE and FHWA and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the duty of ADMINISTERING AGENCY to facilitate a separate maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies providing for the operation, maintenance, ownership and liability of PROJECT. Until those agreements are executed, ADMINISTERING AGENCY will be responsible for all PROJECT operations, maintenance, ownership and liability in a manner satisfactory to the authorized representatives of STATE and FHWA. If, within ninety (90) days after receipt of notice from STATE that a PROJECT, or any portion thereof, is not being properly operated and maintained and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the approval of future federal-aid projects of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition of operation and maintenance satisfactory to STATE and FHWA. The provisions of this section shall not apply to a PROJECT that has been vacated through due process of law with STATE''s concurrence.

3. PROJECT and its facilities shall be maintained by an adequate and well-trained staff of engineers and/or such other professionals and technicians as PROJECT reasonably requires. Said operations and maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under agreement with ADMINISTERING AGENCY. All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements.

ARTICLE IV - FISCAL PROVISIONS

1. All contractual obligations of STATE are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission (CTC).

2. STATE''S financial commitment of federal funds will occur only upon the execution of this AGREEMENT, the authorization of the project-specific E-76 or E-76 (AMOD), the execution of each project-specific PROGRAM SUPPLEMENT, and STATE''s approved finance letter.

3. ADMINISTERING AGENCY may submit signed invoices in arrears for reimbursement of participating PROJECT costs on a regular basis once the project-specific PROGRAM 6 ofPage 22

Page 353 ends

SUPPLEMENT has been executed by STATE.

4. ADMINISTERING AGENCY agrees, at a minimum, to submit invoices at least once every six (6) months commencing after the funds are encumbered on either the project-specific PROGRAM SUPPLEMENT or through a project-specific finance letter approved by STATE. STATE reserves the right to suspend future authorizations/obligations, and invoice payments for any on-going or future federal-aid project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six (6) month period.

5. Invoices shall be submitted on ADMINISTERING AGENCY letterhead that includes the address of ADMINISTERING AGENCY and shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES.

6. ADMINISTERING AGENCY must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency''s progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs.

7. Payments to ADMINISTERING AGENCY can only be released by STATE as reimbursement of actual allowable PROJECT costs already incurred and paid for by ADMINISTERING AGENCY.

8. Indirect Cost Allocation Plans/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE (Caltrans Audits ''&'' Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement. ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures established by STATE.

9. Once PROJECT has been awarded, STATE reserves the right to de-obligate any excess federal funds from the construction phase of PROJECT if the contract award amount is less than the obligated amount, as shown on the PROJECT E-76 or E-76 (AMOD).

10. STATE will withhold the greater of either two (2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.

11. The estimated total cost of PROJECT, the amount of federal funds obligated, and the required matching funds may be adjusted by mutual consent of the PARTIES hereto with a finance letter, a detailed estimate, if required, and approved E-76 (AMOD). Federal-aid funding may be increased to cover PROJECT cost increases only if such funds are available and FHWA concurs with that increase.

12. When additional federal-aid funds are not available, ADMINISTERING AGENCY agrees that the payment of federal funds will be limited to the amounts authorized on the PROJECT specific E-76 / E-76 (AMOD) and agrees that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY''s own funds. 7 ofPage 22

Page 354 ends

13. ADMINISTERING AGENCY shall use its own non-federal funds to finance the local share of eligible costs and all expenditures or contract items ruled ineligible for financing with federal funds. STATE shall make the determination of ADMINISTERING AGENCY''s cost eligibility for federal fund financing of PROJECT costs.

14. ADMINISTERING AGENCY will reimburse STATE for STATE''s share of costs for work performed by STATE at the request of ADMINISTERING AGENCY. STATE''s costs shall include overhead assessments in accordance with section 8755.1 of the State Administrative Manual.

15. Federal and state funds allocated from the State Transportation Improvement Program (STIP) are subject to the timely use of funds provisions enacted by Senate Bill 45, approved in 1997, and subsequent STIP Guidelines and State procedures approved by the CTC and STATE.

16. Federal funds encumbered for PROJECT are available for liquidation for a period of six (6) years from the beginning of the State fiscal year the funds were appropriated in the State Budget. State funds encumbered for PROJECT are available for liquidation only for six (6) years from the beginning of the State fiscal year the funds were appropriated in the State Budget. Federal or state funds not liquidated within these periods will be reverted unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance (per Government Code section 16304). The exact date of fund reversion will be reflected in the STATE signed finance letter for PROJECT.

17. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice.

18. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards.

19. ADMINISTERING AGENCY agrees, and will ensure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items.

20. Every sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A''&''E services), and other applicable STATE and FEDERAL regulations.

21. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE.

22. Should ADMINISTERING AGENCY fail to refund any moneys due upon written demand by STATE as provided hereunder or should ADMINISTERING AGENCY breach 8 ofPage 22

Page 355 ends

this AGREEMENT by failing to complete PROJECT without adequate justification and approval by STATE, then, within thirty 30 days of demand, or within such other period as may be agreed to in writing between the PARTIES, STATE, acting through the State Controller, the State Treasurer, or any other public entity or agency, may withhold or demand a transfer of an amount equal to the amount paid by or owed to STATE from future apportionments, or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other sources of funds, and/or may withhold approval of future ADMINISTERING AGENCY federal-aid projects.

23. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is constituted as a joint powers authority, special district, or any other public entity not directly receiving funds through the State Controller, STATE is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, pursuant to Article IV - 22, from those constituent entities comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by STATE hereunder.

24. ADMINISTERING AGENCY acknowledges that the signatory party represents the ADMINISTERING AGENCY and further warrants that there is nothing within a Joint Powers Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict or otherwise limit STATE''s ability to recover State funds improperly spent by ADMINISTERING AGENCY in contravention of the terms of this AGREEMENT.

ARTICLE V

AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS

1. STATE reserves the right to conduct technical and financial audits of PROJECT work and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three (3) of Article V.

2. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices sent to or paid by STATE.

3. ADMINISTERING AGENCY, ADMINISTERING AGENCY's contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States, all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts, and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above-referenced parties shall make such AGREEMENT and PROGRAM SUPPLEMENT materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years, or 35 years for Prop 1B funds, from the date of final payment to ADMINISTERING AGENCY.
9 ofPage 22

Page 356 ends

4. ADMINISTERING AGENCY shall not award a construction contract over $25,000 on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. All contracts awarded by ADMINISTERING AGENCY intended or used as local match credit must meet the requirements set forth in this AGREEMENT regarding local match funds.

5. ADMINISTERING AGENCY shall comply with Chapter 10 (commencing with Section 4525) Division 5 of Title 1 of the Government Code and shall undertake the procedures described in California Government Code 4527(a) and 4528(a). Administering Agency shall comply with Chapter 10 of the LAPM for AE Consultant Contracts.

6. ADMINISTERING AGENCY shall comply with Government Code Division 5 Title 1 sections 4525-4529.5 and shall undertake the procedures described in California Government Code 4527(a) and 4528(a) for procurement of professional service contracts. Administering Agency shall follow Public Contract Code Section 10335- 10381 for other professional service contracts.

7. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain all of the provisions of Article IV, FISCAL PROVISIONS, and this ARTICLE V, AUDITS, THIRD-PARTY CONTRACTING, RECORDS RETENTION AND REPORTS and shall mandate that travel and per diem reimbursements and third- party contract reimbursements to subcontractors will be allowable as PROJECT costs only after those costs are incurred and paid for by the subcontractors.

8. To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE IV in the same manner that is required of all other PROJECT expenditures.

9. Except as provided in this Article, this AGREEMENT is solely between and for the benefit of the PARTIES and there are no third-party beneficiaries.

ARTICLE VI - MISCELLANEOUS PROVISIONS

1. ADMINISTERING AGENCY agrees to use all PROJECT funds reimbursed hereunder only for transportation purposes that are in conformance with Article XIX of the California State Constitution and other California laws.

2. ADMINISTERING AGENCY shall conform to all applicable State and Federal statutes and regulations, and the Local Assistance Program Guidelines and Local Assistance Procedures Manual as published by STATE and incorporated herein, including all subsequent approved revisions thereto applicable to PROJECT unless otherwise designated in the project-specific executed PROJECT SUPPLEMENT.

3. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or funding of this AGREEMENT in any manner.

4. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY, when engaged in the performance of this AGREEMENT, shall act in an independent capacity and not as officers, employees or agents of STATE.

5. Each project-specific PROGRAM SUPPLEMENT shall separately establish the terms and funding limits for each described PROJECT funded under this AGREEMENT and that 10 ofPage 22

Page 357 ends

PROGRAM SUPPLEMENT. No STATE FUNDS are obligated against this AGREEMENT.

6. ADMINISTERING AGENCY certifies that neither ADMINISTERING AGENCY nor its principals are suspended or debarred at the time of the execution of this AGREEMENT, and ADMINISTERING AGENCY agrees that it will notify STATE immediately in the event a suspension or a debarment occurs after the execution of this AGREEMENT.

7. ADMINISTERING AGENCY certifies, by execution of this AGREEMENT, that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay only for the value of the PROJECT work actually performed, or in STATE's discretion, to deduct from the price of PROGRAM SUPPLEMENT consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.

8. In accordance with Public Contract Code section 10296, ADMINISTERING AGENCY hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against ADMINISTERING AGENCY within the immediate preceding two (2) year period because of ADMINISTERING AGENCY's failure to comply with an order of a federal court that orders ADMINISTERING AGENCY to comply with an order of the National Labor Relations Board.

9. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with STATE that may have an impact upon the outcome of this AGREEMENT or any individual PROJECT encompassed within a PROGRAM SUPPLEMENT. ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in the outcome of a PROJECT undertaken pursuant to this AGREEMENT. These disclosures shall be delivered to STATE in a form deemed acceptable by the STATE prior to execution of this AGREEMENT.

10. ADMINISTERING AGENCY hereby certifies that it does not have, nor shall it acquire, any financial or business interest that would conflict with the performance of any PROJECT initiated under this AGREEMENT.

11. ADMINISTERING AGENCY certifies that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE employee. For breach or violation of this warranty, STATE shall have the right, in its sole discretion, to terminate this AGREEMENT without liability, to pay only for PROJECT work actually performed, or to deduct from a PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration.

12. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by the STATE's Contract Manager, who shall be identified to ADMINISTERING AGENCY at the time of execution of this AGREEMENT and, as applicable , any time that Contract Manager changes during the duration of this AGREEMENT who may consider any written or verbal evidence submitted by ADMINISTERING AGENCY. The decision of the Contract Manager, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact considered and determined by the Contract Manager. 11 ofPage 22

Page 358 ends

13. Neither the pendency of a dispute nor its consideration by the Contract Manager will excuse the ADMINISTERING AGENCY from full and timely performance in accordance with the terms of this AGREEMENT and each PROGRAM SUPPLEMENT.

14. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under or in connection with any work, authority or jurisdiction of ADMINISTERING AGENCY arising under this AGREEMENT. It is understood and agreed that ADMINISTERING AGENCY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims and suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under this AGREEMENT.

15. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, under or in connection with any work, authority or jurisdiction arising under this AGREEMENT. It is understood and agreed that STATE shall fully defend, indemnify and save harmless the ADMINISTERING AGENCY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this AGREEMENT.

16. In the event of (a) ADMINISTERING AGENCY failing to timely proceed with effective PROJECT work in accordance with the project-specific PROGRAM SUPPLEMENT; (b) failing to maintain any applicable bonding requirements; and (c) otherwise materially violating the terms and conditions of this AGREEMENT and/or any PROGRAM SUPPLEMENT, STATE reserves the right to terminate funding for that PROJECT upon thirty (30) days' written notice to ADMINISTERING AGENCY.

17. No termination notice shall become effective if, within thirty (30) days after receipt of a Notice of Termination, ADMINISTERING AGENCY either cures the default involved or, if the default is not reasonably susceptible of cure within said thirty (30) day period the ADMINISTERING AGENCY proceeds thereafter to complete that cure in a manner and time line acceptable to STATE.

18. Any such termination shall be accomplished by delivery to ADMINISTERING AGENCY of a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt, specifying the reason for the termination, the extent to which funding of work under this AGREEMENT and the applicable PROGRAM SUPPLEMENT is terminated and the date upon which such termination becomes effective, if beyond thirty (30) days after receipt. During the period before the effective termination date, ADMINISTERING AGENCY and STATE shall meet to attempt to resolve any dispute. In the event of such termination, STATE may proceed with the PROJECT work in a manner deemed proper by STATE. If STATE terminates funding for PROJECT with ADMINISTERING AGENCY for the reasons stated in paragraph sixteen (16) of ARTICLE VI, STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY under the PROGRAM SUPPLEMENT and/or STATE-approved finance letter prior to termination, provided, however, ADMINISTERING AGENCY is not in default of the terms and conditions of this AGREEMENT or the project-specific PROGRAM SUPPLEMENT and that the cost of any PROJECT completion to STATE shall first be deducted from any sum due ADMINISTERING AGENCY. 12 ofPage 22

Page 359 ends

19. In the case of inconsistency or conflicts with the terms of this AGREEMENT and that of a project-specific PROGRAM SUPPLEMENT and/or Cooperative Agreement, the terms stated in that PROGRAM SUPPLEMENT and/or Cooperative Agreement shall prevail over those in this AGREEMENT.

20. Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY either in whole or in part.

21. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES.

City of Rancho Cucamonga
City of Rancho Cucamonga
IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officer.

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
________________________________
________________________________Chief, Office of Project Management Oversight
Division of Local Assistance
Representative Name & Title
(Authorized Governing Body
Representative)
By______________________________ By______________________________ Date______________________________ Date______________________________ ________________________________
13 ofPage 22

Page 360 ends

EXHIBIT A

FAIR EMPLOYMENT PRACTICES ADDENDUM

1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against any employee for employment because of race, color, sex, sexual orientation, religion, ancestry or national origin, physical disability, medical condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or disability leave. ADMINISTERING AGENCY will take affirmative action to ensure that employees are treated during employment without regard to their race, sex, sexual orientation, color, religion, ancestry, or national origin, physical disability, medical condition, marital status, political affiliation, family and medical care leave, pregnancy leave, or disability leave. Such action shall include, but not be limited to, the following:
employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. ADMINISTERING AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment section.

2. ADMINISTERING AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 1290-0 et seq.), and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of the ADMINISTERING AGENCY''S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate.

3. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT.

4. ADMINISTERING AGENCY will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement.

5. Remedies for Willful Violation:
(a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that ADMINISTERING AGENCY has violated the Fair Employment Practices Act and had issued an order under Labor Code Section 1426 which has become final or has obtained an injunction under Labor Code Section 1429. (b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for by 14 ofPage 22

Page 361 ends

ADMINISTERING AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to ADMINISTERING AGENCY, the difference between the price named in the Agreement and the actual cost thereof to STATE to cure ADMINISTERING AGENCY''s breach of this Agreement.
15 ofPage 22

Page 362 ends

EXHIBIT B

NONDISCRIMINATION ASSURANCES
ADMINISTERING AGENCY HEREBY AGREES THAT, as a condition to receiving any federal financial assistance from the STATE, acting for the U.S. Department of Transportation, it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C.
2000d-4 (hereinafter referred to as the ACT), and all requirements imposed by or pursuant to Title
49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964" (hereinafter referred to as the REGULATIONS), the Federal-aid Highway Act of 1973, and other pertinent directives, to the end that in accordance with the ACT, REGULATIONS, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which ADMINISTERING AGENCY receives federal financial assistance from the Federal Department of Transportation.

ADMINISTERING AGENCY HEREBY GIVES ASSURANCE THAT ADMINISTERING AGENCY will promptly take any measures necessary to effectuate this agreement. This assurance is required by subsection 21.7(a) (1) of the REGULATIONS.

More specifically, and without limiting the above general assurance, ADMINISTERING AGENCY hereby gives the following specific assurances with respect to its federal-aid Program:

1. That ADMINISTERING AGENCY agrees that each "program" and each "facility" as defined in subsections 21.23 (e) and 21.23 (b) of the REGULATIONS, will be (with regard to a "program") conducted, or will be (with regard to a "facility") operated in compliance with all requirements imposed by, or pursuant to, the REGULATIONS.

2. That ADMINISTERING AGENCY shall insert the following notification in all solicitations for bids for work or material subject to the REGULATIONS made in connection with the federal-aid Program and, in adapted form, in all proposals for negotiated agreements:

ADMINISTERING AGENCY hereby notifies all bidders that it will affirmatively ensure that in any agreement entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, national origin, religion, age, or disability in consideration for an award.

3. That ADMINISTERING AGENCY shall insert the clauses of Appendix A of this assurance in every agreement subject to the ACT and the REGULATIONS.

4. That the clauses of Appendix B of this Assurance shall be included as a covenant running with the land, in any deed effecting a transfer of real property, structures, or improvements thereon, or interest therein.

5. That where ADMINISTERING AGENCY receives federal financial assistance to construct a facility, or part of a facility, the Assurance shall extend to the entire facility 16 ofPage 22

Page 363 ends

and facilities operated in connection therewith.

6. That where ADMINISTERING AGENCY receives federal financial assistance in the form, or for the acquisition, of real property or an interest in real property, the Assurance shall extend to rights to space on, over, or under such property.

7. That ADMINISTERING AGENCY shall include the appropriate clauses set forth in Appendix C and D of this Assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the ADMINISTERING AGENCY with other parties:

Appendix C;
(a) for the subsequent transfer of real property acquired or improved under the federal-aid Program ; and
Appendix D;
(b) for the construction or use of or access to space on, over, or under real property acquired, or improved under the federal-aid Program.

8. That this assurance obligates ADMINISTERING AGENCY for the period during which federal financial assistance is extended to the program, except where the federal financial assistance is to provide, or is in the form of, personal property or real property or interest therein, or structures, or improvements thereon, in which case the assurance obligates ADMINISTERING AGENCY or any transferee for the longer of the following periods:
(a) the period during which the property is used for a purpose for which the federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or
(b) the period during which ADMINISTERING AGENCY retains ownership or possession of the property.

9. That ADMINISTERING AGENCY shall provide for such methods of administration for the program as are found by the U.S. Secretary of Transportation, or the official to whom he delegates specific authority, to give reasonable guarantee that ADMINISTERING AGENCY, other recipients, sub-grantees, applicants, sub-applicants, transferees, successors in interest, and other participants of federal financial assistance under such program will comply with all requirements imposed by, or pursuant to, the ACT, the REGULATIONS, this Assurance and the Agreement.

10. That ADMINISTERING AGENCY agrees that the United States and the State of California have a right to seek judicial enforcement with regard to any matter arising under the ACT, the REGULATIONS, and this Assurance.

11. ADMINISTERING AGENCY shall not discriminate on the basis of race, religion, age, disability, color, national origin or sex in the award and performance of any STATE assisted contract or in the administration on its DBE Program or the requirements of 49 CFR Part 26. ADMINISTERING AGENCY shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in the award and administration of STATE assisted contracts. ADMINISTERING AGENCY''S DBE Implementation Agreement is incorporated by reference in this AGREEMENT. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this 17 ofPage 22

Page 364 ends

agreement. Upon notification to the recipient of its failure to carry out its approved DBE Implementation Agreement, STATE may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and/or the Program Fraud Civil Remedies Act of 1985 (31USC 3801 et seq.)
THESE ASSURANCES are given in consideration of and for the purpose of obtaining any and all federal grants, loans, agreements, property, discounts or other federal financial assistance extended after the date hereof to ADMINISTERING AGENCY by STATE, acting for the U.S. Department of Transportation, and is binding on ADMINISTERING AGENCY, other recipients, subgrantees, applicants, sub-applicants, transferees, successors in interest and other participants in the federal-aid Highway Program. 18 ofPage 22

Page 365 ends

APPENDIX A TO EXHIBIT B
During the performance of this Agreement, ADMINISTERING AGENCY, for itself, its assignees and successors in interest (hereinafter collectively referred to as ADMINISTERING AGENCY) agrees as follows:
(1) Compliance with Regulations: ADMINISTERING AGENCY shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. (2) Nondiscrimination: ADMINISTERING AGENCY, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub- applicants, including procurements of materials and leases of equipment.

ADMINISTERING AGENCY shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the agreement covers a program set forth in Appendix B of the REGULATIONS.
(3) Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by ADMINISTERING AGENCY for work to be performed under a Sub-agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by ADMINISTERING AGENCY of the ADMINISTERING AGENCY''s obligations under this Agreement and the REGULATIONS relative to nondiscrimination on the grounds of race, color, or national origin. (4) Information and Reports: ADMINISTERING AGENCY shall provide all information and reports required by the REGULATIONS, or directives issued pursuant thereto, and shall permit access to ADMINISTERING AGENCY''s books, records, accounts, other sources of information, and its facilities as may be determined by STATE or FHWA to be pertinent to ascertain compliance with such REGULATIONS or directives. Where any information required of ADMINISTERING AGENCY is in the exclusive possession of another who fails or refuses to furnish this information, ADMINISTERING AGENCY shall so certify to STATE or the FHWA as appropriate, and shall set forth what efforts ADMINISTERING AGENCY has made to obtain the information.
(5) Sanctions for Noncompliance: In the event of ADMINISTERING AGENCY''s noncompliance with the nondiscrimination provisions of this agreement, STATE shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
(a) withholding of payments to ADMINISTERING AGENCY under the Agreement within a reasonable period of time, not to exceed 90 days; and/or (b) cancellation, termination or suspension of the Agreement, in whole or in part. (6) Incorporation of Provisions: ADMINISTERING AGENCY shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. ADMINISTERING AGENCY shall take such action with respect 19 ofPage 22

Page 366 ends

to any sub-agreement or procurement as STATE or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event ADMINISTERING AGENCY becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, ADMINISTERING AGENCY may request STATE enter into such litigation to protect the interests of STATE, and, in addition, ADMINISTERING AGENCY may request the United States to enter into such litigation to protect the interests of the United States.

APPENDIX B TO EXHIBIT B
The following clauses shall be included in any and all deeds effecting or recording the transfer of PROJECT real property, structures or improvements thereon, or interest therein from the United States.
(GRANTING CLAUSE)
NOW, THEREFORE, the U.S. Department of Transportation, as authorized by law, and upon the condition that ADMINISTERING AGENCY will accept title to the lands and maintain the project constructed thereon, in accordance with Title 23, United States Code, the Regulations for the Administration of federal-aid for Highways and the policies and procedures prescribed by the Federal Highway Administration of the Department of Transportation and, also in accordance with and in compliance with the Regulations pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the ADMINISTERING AGENCY all the right, title, and interest of the U.S. Department of Transportation in, and to, said lands described in Exhibit "A" attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto ADMINISTERING AGENCY and its successors forever, subject, however, to the covenant, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and shall be binding on ADMINISTERING AGENCY, its successors and assigns.

ADMINISTERING AGENCY, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns,
(1) that no person shall on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed (;) (and) * (2) that ADMINISTERING AGENCY shall use the lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in federally-assisted programs of the 20 ofPage 22

Page 367 ends

Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended (;) and
(3) that in the event of breach of any of the above-mentioned nondiscrimination conditions, the U.S. Department of Transportation shall have a right to re-enter said lands and facilities on said land, and the above-described land and facilities shall thereon revert to and vest in and become the absolute property of the U.S.

Department of Transportation and its assigns as such interest existed prior to this deed.*
* Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.

APPENDIX C TO EXHIBIT B
The following clauses shall be included in any and all deeds, licenses, leases, permits, or similar instruments entered into by ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7(a) of Exhibit B.

The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as covenant running with the land") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.), shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, U.S.

Department of Transportation, Subtitle A, Office of Secretary, Part 21, Nondiscrimination in federally-assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to terminate the (license, lease, permit etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (Include in deeds)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to re-enter said land and facilities thereon, and the above- described lands and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERING AGENCY and its assigns. * Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil 21 ofPage 22

Page 368 ends

Rights Act of 1964.

APPENDIX D TO EXHIBIT B
The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by the ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7 (b) of Exhibit B.

The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds, and leases add "as a covenant running with the land") that:
(1) no person on the ground of race, color, sex, national origin, religion, age or disability, shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in the use of said facilities; (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the ground of race, color, sex, national origin, religion, age or disability shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; and (3) that the (grantee, licensee, lessee, permittee, etc.,) shall use the premises in compliance with the Regulations.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (Include in deeds)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to re-enter said land and facilities thereon, and the above- described lands and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERING AGENCY, and its assigns. __________________________________________
* Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964..
22 ofPage 22

Page 369 ends

F015
FOR FEDERAL-AID PROJECTS NO 08-5420F15
0825000135
February 02, 2026
08-SBD-0-RCUC
CRPL-5420(027)
5420
This Program Supplement hereby adopts and incorporates the Administering Agency-State Agreement for Federal Aid which was entered into between the Administering Agency and the State on and is subject to all the terms and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the Administering Agency on (See copy attached).

The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special covenants or remarks set forth on the following pages.

Haven Ave. (Foothill Blvd. to 6th St) & Foothill Blvd. (Haven Ave. to Rochester Blvd.) Pedestrian and Bike Path 0.0(MILES)
Federal FundsEstimated Cost Matching Funds
Y601 $3,975,000.00

CITY OF RANCHO CUCAMONGA
By ________________________________ By ________________________________ Title _______________________________
Date _______________________________
Attest _______________________________ Date _______________________________ Division of Local Assistance
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:

Accounting Officer _______________________ Date _______________ PROGRAM SUPPLEMENT NO.
to

ADMINISTERING AGENCY-STATE AGREEMENT
Adv. Project ID Date:

Location:

Project Number:

E.A. Number:

Locode:

PROJECT LOCATION:

TYPE OF WORK: LENGTH:

LOCAL OTHER
$4,490,003.00 $515,003.00 $0.00
Chief, Office of Project Management Oversight

STATE OF CALIFORNIA
Department of Transportation
$3,975,000.00

Page 1 of 7 ends

2/2/2026

Page 370 ends

SPECIAL COVENANTS OR REMARKS
08-SBD-0-RCUC
CRPL-5420(027)

1. A. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual.

B. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s).

C. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available by future Federal obligations will be encumbered on this PROJECT by use of a STATE-approved "Authorization to Proceed" and Finance Letter. ADMINISTERING AGENCY agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration.

D. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days of project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract.

Failure to do so will cause a delay in the State processing invoices for the construction phase.

Attention is directed to Section 15.6 "Award Package" of the Local Assistance Procedures Manual.

E. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid projects, or encumbrances for State funded projects, as well as to suspend invoice payments for any on-going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period.

If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount.

ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual.
2Page of 7Program Supplement 08-5420F15-F015- ISTEA

Page 371 ends

SPECIAL COVENANTS OR REMARKS
08-SBD-0-RCUC
CRPL-5420(027)
F. Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal-assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal-assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).

G. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance.

ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date.

H. As a condition for receiving federal-aid highway funds for the PROJECT, the Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Exclusion List. Exclusions can be found at www.sam.gov. 3Page of 7Program Supplement 08-5420F15-F015- ISTEA

Page 372 ends

SPECIAL COVENANTS OR REMARKS
08-SBD-0-RCUC
CRPL-5420(027)

2. A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES") relating to the federal-aid program, all Title 23 Code of Federal Regulation (CFR) and 2 CFR Part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project-specific PROGRAM SUPPLEMENT.

B. Invoices shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES.

C. ADMINISTERING AGENCY must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs.

D. Indirect Cost Allocation Plan/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE (Caltrans Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement. ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures established by STATE.

E. STATE will withhold the greater of either two (2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.

F. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice. 4Page of 7Program Supplement 08-5420F15-F015- ISTEA

Page 373 ends

SPECIAL COVENANTS OR REMARKS
08-SBD-0-RCUC
CRPL-5420(027)
G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards.

H. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items.

I. Every sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), and other applicable STATE and FEDERAL regulations.

J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE.

K. STATE reserves the right to conduct technical and financial audits of PROJECT WORK and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by the following paragraph:

ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested.

All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT, and contract materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of submission of the final expenditure report by the STATE to the FHWA.

L. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system
5Page of 7Program Supplement 08-5420F15-F015- ISTEA

Page 374 ends

SPECIAL COVENANTS OR REMARKS
08-SBD-0-RCUC
CRPL-5420(027)
of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices set to or paid by STATE.

M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal year of the Catalogue of Federal Domestic Assistance.

N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with 2 CFR, Part 200.

O. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000, construction contracts over $10,000, or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds.

P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions B, C, F, H, I, K, and L under Section 2 of this agreement.

3. In the event that construction of this project of the initial federal authorization for right of way is not started by the close of the twentieth fiscal year following the fiscal year in which the right of way is authorized, the ADMINISTERING AGENCY shall repay the Federal Highway Administration through Caltrans the sum of Federal funds paid under the terms of this agreement.

Authorizing the ROW phase of a project as Advance Construction does not exempt the project from the provisions of 23 U.S.C. 108(a)(2), and 23 CFR 630.112(c)(1).

4. Appendix E of the Title VI Assurances (US DOT Order 1050.2A) During the performance of this agreement, the ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractor, (hereinafter referred to as the "contractor") agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:

Pertinent Nondiscrimination Authorities:

A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR 6Page of 7Program Supplement 08-5420F15-F015- ISTEA

Page 375 ends

SPECIAL COVENANTS OR REMARKS
08-SBD-0-RCUC
CRPL-5420(027)
Part 21.

B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); C. Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), (prohibits discrimination on the basis of sex);
D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
F. Airport and Airway Improvement Act of 1982, (49 U.S.C. 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or
activities" to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not);
H. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); J. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
K. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). 7Page of 7Program Supplement 08-5420F15-F015- ISTEA

Page 376 ends

DATE:March 4, 2026
TO:Mayor and Members of the City Council
FROM:Elisa C. Cox, City Manager
INITIATED BY: Mike McCliman, Assistant City Manager / Fire Chief Shane Adams, Fire Marshal
Riley Davis, Emergency Management Coordinator
SUBJECT: Consideration of a Resolution Designating Applicant’s Agent for Obtaining State Financial Assistance Under the California Disaster Assistance Act. (RESOLUTION NO. 2026-011) (CITY)
RECOMMENDATION:

Staff recommends that the City Council approve Resolution No. 2026-011 designating City staff to file applications and make assurances with the California Office of Emergency Services (CalOES) for the purposes of obtaining state financial assistance under the California Disaster Assistance Act.

BACKGROUND:

An extreme windstorm event (the “2025 Severe Wind Event”) initially occurred on Tuesday, January 7, 2025, impacting the entire city. The windstorm resulted in power outages, the loss of multiple trees, extensive damage to public roadways and sidewalks, irrigation systems, traffic signals, fencing, block walls and private property. The 2025 Severe Wind Event required the activation of the Emergency Operations Center (EOC) and the Public Works Department Operations Center (DOC). The Public Works DOC received more than 400 service requests in the first 12 hours of the event, which lasted over 24 hours. An extended period of clean up was required as the conditions created were above the normal capabilities and control of the services, personnel, equipment and facilities of the City.

The City Manager at the time, acting in his capacity as Director of Emergency Services, proclaimed a state of local emergency on January 8, 2025. During the January 15, 2025, City Council meeting, the City Council adopted Resolution No. 2025-001 ratifying the Director of Emergency Services’ proclamation of a local emergency due to the extreme windstorm event.

The Resolution established the ability to request State financial assistance under the California Disaster Assistance Act (CDAA) for staff and equipment costs. The initial damage estimate for this incident was $1.2 million in expenses consisting of overtime pay, equipment use and rentals, contract work for debris removal, and repairs to infrastructure.

ANALYSIS:

On December 29, 2025, CalOES notified the City that CDAA funding has been authorized for the January 2025 Severe Wind Event. In order to submit for funding, the City must adopt a resolution specifically designating City personnel by name and title to file applications and make assurance

Page 377 ends

Page 2 ends

3 3
6 8
with CalOES for the purposes of obtaining state financial assistance. Approval of this Resolution will initiate the formal process to obtain financial reimbursements for the emergency eligible expenses incurred by the City during the January 2025 windstorm.

Staff recommends that the City Council adopt Resolution No. 2026-011, Designation of Applicants Agents Information. The resolution authorizes the City Manager, Assistant City Manager / Fire Chief, and Emergency Management Coordinator to execute for and on behalf of the City of Rancho Cucamonga, all future applications and to file it with the Cal OES for the purpose of obtaining state financial assistance under the California Disaster Assistance Act.

FISCAL IMPACT:

The CDAA allows CalOES to provide financial assistance from the state for costs incurred by local governments as a result of a disaster event. CDAA covers up to 75% of eligible costs, including overtime pay, equipment use and rentals, contract work for debris removal, and repairs to infrastructure.

COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:

The adoption of this resolution encompasses key elements in both the mission and vision statements. By seeking CalOES reimbursements to recover emergency expenses, we are ensuring our community continues its efforts to be sustainable and maintain a high quality of life for all residents.

ATTACHMENTS:

Attachment 1 – Resolution No.2026-011, Designation of Applicants Agents Information

Page 378 ends

Resolution No. 2026-XXX – Page 1 of 1
ATTACHMENT #1
RESOLUTION NO. 2026-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RANCHO CUCAMONGA, STATE OF CALIFORNIA, DESIGNATING
APPLICANT’S AGENTS INFORMATION BE FILED WITH THE
GOVERNOR’S OFFICE OF EMERGENCY SERVICES FOR THE

PURPOSE OF OBTAINING STATE REIMBURSEMENTS DUE TO A

DISASTER
WHEREAS, the City of Rancho Cucamonga is a public entity established under the laws of the State of California; and
WHEREAS, the City of Rancho Cucamonga is subjected to emergency situations that require filing for recovery funding from the Governor’s Office of Emergency Services (Cal OES); and
WHEREAS, the current Designation of Applicant’s Agents for the City of Rancho Cucamonga has expired; and
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby authorizes the City Manager, Assistant City Manager/Fire Chief, and Emergency Management Coordinator, to execute for and on behalf of the City of Rancho Cucamonga, all future applications and to file it with the California Governor’s Office of Emergency Services for the purpose of obtaining state financial assistance under the California Disaster Assistance Act.

BE IT FURTHER RESOLVED that the City of Rancho Cucamonga, a public entity established under the laws of the State of California, hereby authorizes these applicant’s agents to provide the Governor’s Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required.

PASSED, APPROVED, AND ADOPTED this day of 202X.

Page 379 ends

DATE: March 4, 2026
TO: Mayor and Members of the City Council
FROM: Elisa C. Cox, City Manager
INITIATED BY: Peter Castro, Deputy City Manager
Jennifer Nakamura, CNU-A, Planning Director
Jared Knight, Assistant Planner
SUBJECT: Public Hearing for Consideration of an Appeal of the Planning Commission’s Decision to Approve a Design Review for the Development of 188 Single-Family Residences Spanning Multiple Pre-Existing Graded Parcels on an Approximately 80-acre Site Within the Low Residential (L) Zone, Located at the Northwest Corner of East and Wilson Avenues. (Tracts 16072-1 and 16072-3) with Exceptions to Specific Lots from Existing Standards. This Project Was Previously Analyzed as Part of the Richland Communities EIR (SCH#2002091053) certified by the City Council on June 16, 2004 and No Subsequent Analysis is Required under the California Environmental Quality Act (CEQA) Section 15162.

Appellant: Lozeau Drury LLP on Behalf of Supporters Alliance for Environmental Responsibility (“SAFER”), Project Applicant: Toll Brothers.

Case File Number: Design Review DRC2024-00373, Minor Exception DRC2025-00261, Variance DRC2025-00263. (RESOLUTION NO. 2026- 012) (CITY)
RECOMMENDATION:

Staff recommend the City Council deny the appeal and uphold the Planning Commission’s January 14, 2026 resolution of approval of Design Review (DRC2024-00373), Minor Exception (DRC2025-00261), and Variance (DRC2025-00263), for the construction of 188 single-family residences within the previously approved tracts 16072-1 and 16072-3.

BACKGROUND:

The project site, located northwest of the corner of Wilson Avenue and East Avenue, totals approximately 80 acres and comprises Tracts 16072-1 and 16072-3, which in turn comprises only a portion of a larger 354-lot subdivision which was approved in 2004 (SUBTT16072). Staff notes that an Environmental Impact Report was certified by the City on June 16, 2024 in relation to SUBTT16072, and that this EIR anticipated the future development of the new lots with single- family homes. The final map for SUBTT16072, which includes tracts 16072-1 and 16072-3, was approved by the City Council and recorded at the County in 2023. Grading permits in association with the 2023 final map approval were issued in January 2024. Grading activity for the future public streets and rough grading for the legal lots has already commenced and is nearing completion.

Page 380 ends

Page 2 ends

3 3
2 4
Also in 2024, two developers (Toll Brothers and Lennar Homes) submitted plans for single-family residential housing product following all necessary grading activity. Working in collaboration, Toll Brothers proposed to develop 188 single-family residences, while Lennar Homes proposed to develop 166 single-family residences within the approved subdivision.

On January 14th, 2026, the Planning Commission held a public hearing to consider Toll Brothers’ development application for the construction of 188 single-family homes. At that meeting, comments were received by a member of the public living in the vicinity of the project site and raised general concerns regarding the design of the proposed homes compared to those of existing homes in the vicinity. Additionally, one day prior to the public hearing, on January 13 th, 2026, staff received a letter from Lozeau-Drury, representing the Supporters Alliance for Environmental Responsibility (SAFER), which challenged Staff’s determination that the project was exempt from CEQA and that no further CEQA action was necessary, arguing that a supplemental EIR should be prepared for the project. Specifically, that letter expressed concerns that staff was relying on the original EIR certified in 2004, and asserted that there have been “changed circumstances, new feasible mitigation measures, and new impacts” within the intervening 21 years. Additionally, this letter also suggested that staff had “piecemealed” the project by reviewing the environmental impacts of the Lennar Homes and Toll Brothers portions of the overall project site separately. This letter was provided to the Commission prior to the public hearing, and a representative of Lozeau-Drury was present at the hearing and reiterated the letter’s assertations during public comment.

After taking public testimony and considering the contents of this letter, the Planning Commission deliberated and voted unanimously to approve the subject applications for Toll Brothers. The City received a timely appeal dated January 21, 2026, from Lozeau Drury of the Planning Commission approval, which is included with the staff report as Attachment 3.

ANALYSIS:

Similar to the letter received from Lozeau-Drury prior to the Planning Commission public hearing, the subject appeal letter asserts that a supplemental EIR should be prepared for this project. The letter raises general concerns that there have been changed circumstances, new feasible mitigation measures, and new impacts in the intervening 21 years since the original EIR was certified by the City in 2004. Staff notes that the submitted appeal does not include the additional assertation from the original letter that the City has “piecemealed” the project.

Staff have previously noted that the proposed project for the construction of 188 single family residences is does not require further environmental review pursuant to CEQA Guidelines Section 15162. For a full discussion on that topic, please refer to the Planning Commission staff report and meeting minutes included with this staff report as Attachment 1. The appellant, Lozeau-Drury, on the other hand, asserts that there have been changed circumstances, new feasible mitigation measures, and new impacts since the EIR was certified in 2004 and that a supplemental EIR is required for this project.

In response to the appellant’s assertion that a Supplemental EIR is required, staff offers the following facts:

1. There have been changed circumstances since the 2004 EIR was certified FACT: There are no changed circumstances since the 2004 EIR was certified which necessitates a supplemental EIR. The proposed project involves the construction of 188 single-family residential units within the previously approved subdivision SUBTT16072, which created 354 single-family residential lots. The project description of the 2004 EIR

Page 381 ends

Page 3 ends

3 3
2 4
stated that the purpose of the EIR was for the subdivision of land for future single family residential development. Staff acknowledge that the Design Review application also includes Minor Exceptions and Variances to accommodate deviations from code standards for features and setback encroachments, but these are minor in nature and do not rise to the level of creating additional environmental impacts which had not already been analyzed under the previous EIR. Thus, there have not been any changed circumstances since the 2004 EIR which necessitates a Supplemental EIR.

2. There are new feasible mitigation measures since the 2004 EIR was certified.

FACT: As noted previously, the application proposing 188 single-family residential units equates to a design review of the housing product to be located on these previously approved lots. The Design Review application also includes Minor Exceptions and Variances to accommodate deviations from code standards for features and setback encroachments, but these are minor in nature and do not rise to the level of creating additional environmental impacts which had not already been analyzed under the previous EIR. When the EIR was certified and the subdivision was approved, the City Council adopted a statement of overriding considerations for several unavoidable significant environmental impacts, including air quality. Staff also notes, relative to adopted mitigation measures from the 2004 EIR, that the applicant has provided updated studies in adherence to the original mitigation monitoring and reporting program and as it relates to the grading permit review. For example, updated biological and cultural monitoring assessments were provided to the City as recent as 2022 and 2023, respectively, prior to the issuance of grading permits in 2024.

3. There are new impacts since the 2004 EIR was certified FACT: As with #2 above, and as the current application equates to a design review of the housing product to be located on these previously approved lots, there are no new impacts since the 2004 EIR was certified that necessitate a Supplemental EIR.

Lastly, and in summary, staff notes that the CEQA Guidelines Section 15163 provides that the lead agency may choose to prepare a supplement to an EIR rather than a subsequent EIR if a) any of the conditions described in 15162 would require preparation of a subsequent EIR and b) only minor additions or changes would be necessary to make the previous EIR adequately apply to the project in the changed situation. None of the conditions described in section 15162 exist which would require the preparation of a subsequent EIR, not have there been any changed circumstances which necessitate changes to the previously certified EIR. Through the adoption of the attached resolution, these facts are adopted as an addendum to the certified EIR (SCH# 2002091053).

This item was advertised as a public hearing with a regular legal advertisement in the Inland Valley Daily Bulletin newspaper on February 17, 2026. Notices were mailed to the owners of all property with 660 feet of the project site (70 notices total) on February 17, 2026. Physical notices were posted on the project site on February 18, 2026.

FISCAL IMPACT:

None.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

Denying the appeal and upholding the Planning Commission’s approval of the subject project support the City Council core value of “intentionally embracing and anticipating the future” and “building and preserving a family-oriented atmosphere” by completing construction within a long-

Page 382 ends

Page 4 ends

3 3
2 4
vacant and approved subdivision with for-sale units, which will inherently be conducive to families.

ATTACHMENTS:

Attachment 1 – January 14, 2026, Planning Commission Staff Report and Resolution Attachment 2 – Draft Planning Commission Meeting Minutes Attachment 3 – Appeal Letter Dated January 21, 2026
Attachment 4 – City Council Resolution

Page 383 ends

DATE:

TO:

FROM:

INITIATED BY:

SUBJECT:

January 14, 2026
Chairman and Members of the Planning Commission
Jennifer Nakamura, CNU-A, Planning Director
Jared Knight, Assistant Planner
MAJOR DESIGN REVIEW - TOLL BROTHERS - A request for the development of 188 Single-Family Residences spanning multiple pre existing graded parcels on an approximately 80-acre site within the Low Residential (L) Zone, located at the northwest corner of East and Wilson Avenues. (Tracts 16072-1 and 16072-3) with exceptions to specific lots from existing standards. This item is exempt from the requirements of the California Environmental Quality Act (CEQA) under CEQA Section 15162. (Design Review DRC2024-00373, Minor Exception DRC2025-00261, Variance DRC2025-00263) APN: 0208-921-09.

RECOMMENDATION:

Staff recommends that the Planning Commission adopt Resolution 2026-001, approving Design Review DRC2024-00373, Minor Exception DRC2025-00261, and Variance DRC2025-00263.

BACKGROUND:

The approximately 80-acre project site encompasses tracts 16072-1 and 16072-3, as described in the title of this report. The subdivision was originally approved in 2004 for 354 single-family lots at an average density of 2.3 dwelling units per acre. Environmental review for the original entitlement was completed through a certified Environmental Impact Report {EIR) and the project was annexed into the City under Development Agreement DRC2002-00156. The project area has a General Plan land use designation of Traditional Neighborhood and is located within the Low Residential {L) zone. An aerial image of the project site is shown in Figure 1.

ATTACHMENT 1

Page 384 ends

Figure 1 - Aerial View of Project Site
The final map for all tracts in the project area was recorded in 2023. In 2024, two developments {Toll Brothers and Lennar Homes) submitted plans for single-family residential housing product.

Toll Brothers proposed to develop 188 of the approved 354 lots, while Lennar Homes proposed to develop the remaining 166 of the approved lots. The current application represents only Toll Brothers' portion of the overall project area. Lennar Homes' proposed development was heard by the Planning Commission on October 22, 2025, at which time the project was approved.

Staff also notes that grading permits for the development were issued in January 2024, which were tied to the 2023 Final Map. The approved grading activity commenced in 2024. Thus, the subject Design Review, Minor Exceptions, and Variance applications are only for the housing product itself, and associated development such as the placement of perimeter walls, and do not include the grading or lot layout.

The existing land uses, General Plan, and zoning designations for the project site and surrounding properties are as follows:

Land Use General Plan Zoning
Site Vacant Traditional Low Residential {L) Neighborhood North Vacant General Open Space Flood Control/Utility
and Facilities Corridor (FU/UC)
South CVWD Facility/ Residential General Open Space Very Low (VL)/Parks (P) and Facilities East Vacant Traditional Neighborhood Estates 2
Neighborhood (NE-2)
West Vacant graded lots (Lennar Traditional Low Residential {L) Project) Neighborhood

Page 2 of 9 ends

Page 385 ends

ANALYSIS:

The project is for the development of 188 single- family homes on previously approved and graded vacant lots, as shown in Figure 2.

TTM 20?4e

NOT A PART
CYWD TREATMENT PLANT .�1��
=
f: I� -- . -- ----=-
la: « ..
«
lo z
Figure 2 - The project area. Note that the areas illustrated with building footprints represent Toll Brothers' portion of the development. The lots illustrated as vacant represent Lennar Homes' portion of the development, which was heard by the Design Review Committee and Planning Commission under Design Review DRC2024-00395 All streets within the project were previously approved as public streets as part of the mapping process and will be maintained as part of the City's Street network. Further, all public streets have already been graded and are in the process of being paved as of the writing of this report. Access to the subdivision will be provided from Wilson Avenue and Etiwanda Avenue through multiple connection points established with the original subdivision approval. The project will maintain non obstructed vehicular and pedestrian access throughout the neighborhood with no gates, ensuring

Page 3 of 9 ends

Page 386 ends

a fully connected and accessible community consistent with the General Plan.

Architecture
For the proposed 188 single-family residential units, the applicant has chosen various design themes, including Spanish contemporary, coastal contemporary, modern farmhouse, and transitional architectural theme. Each style integrates varied rooflines, exterior materials, and color palettes to create visual diversity while maintaining consistency with the overall subdivision design.

PLAN 1

SPANISH CONTEMPORARY
PLAN 3

MODERN FARMHOUSE
Figure 3 - Select examples of architectural renderings
PLAN 2

COASTAL CONTEMPORARY
PLAN4

TRANSITIONAL
The architectural styles use high-quality material and detailing to create a contemporary, yet compatible, neighborhood character. Building elevations feature concrete flat tile roofing and stucco siding. Accents of decorative stone veneer, wood siding , and board and batten add texture to the overall design. Color schemes utilize neutral earth tones and darker accents to create articulation and visual interest to all front-facing elevations.

Homes are plotted with alternating floor plans, elevations, and colors to avoid repetition, with corner lots receiving unique floor plans and enhanced elevations for consistent design quality on all public facing sides. Private driveways, landscaped parkways and pedestrian connections

Page 4 of 9 ends

Page 387 ends

support curb appeal and walkability. Front setbacks and building spacings allow adequate light, air, and privacy between residences while maintaining an attractive cohesive neighborhood design ..

The proposed project offers 8 floor plans across two series. Series A provides two-story homes, from 4,2 10 to 4,86 1 square feet, with 4 to 5 bedrooms and 4.5 bathrooms, including flex and loft space as well as two car and three car tandem garage options. Series B provides single-story and two-story options with 4 to 5 bedrooms, between 4.5 and 5.5 bathrooms, also including flex and loft space as well as two car, separate one car and two car, and three car tandem garages.

In addition, reversed variations of each floorplan are provided, denoted on the unit summary table with an R. Across both tracts, the mix totals 188 homes, with 10 single-story homes and 178 two story homes.

Pursuant to Development Code Section 17.122 .0 1 0A. 1.a, a minimum of 25% of all single-family detached units in any new single-family residential development consisting of four or more units must be single-story. As the overall 354-unit development is a collaboration between Toll Brothers and Lennar Homes, a cumulative total of 89 single-story homes is required across both projects.

Under approved Design Review DR C2024-00395, Lennar Homes has proposed 79 single-story homes. Taken together with the 10 single-story homes proposed by Toll Brothers, the total number of single-family homes provided by the overall development is 89, in compliance with the 25% requirement.

Unit Summary - Tracts 16072-1 and 16072-3
Plan Type Square Bedrooms Bathrooms Garage Number of Homes Footage
A1 4, 120 4 4.5 2 11
A1R 4, 120 4 4.5 2 10
A2 4,572 5 4.5 2 13
A2R 4,572 5 4.5 2 12
A3 4,790 5 4.5 3 16
A3R 4,790 5 4.5 3 14
A4 4.86 1 5 4.5 3 10
A4R 4.86 1 5 4.5 3 17
B1 3,462 4 4.5 2 5
B1R 3,462 4 4.5 2 5
B2 4,8 12 5 5.5 3 8
B2R 4,8 12 5 5.5 3 13
B3 5, 105 5 5.5 3 11
B3R 5, 105 5 5.5 3 12
B4 5, 133 5 5.5 3 14

Page 5 of 9 ends

Page 388 ends

B4R 5,133 5 5.5 3 11
Total Number
of Single- - - - - 188
Family Homes
Parking
Section 17.64.050 (Number of Parking Spaces Required) of the Development Code requires two off-street spaces per single-family detached dwelling, one in a garage or carport and one in the driveway. For 188 homes, the minimum requirement is 376 spaces. The proposed project provides at least two-car garages for every home, with 126 of the homes also including a third car stall (Tandem or via an additional one- car garage). Each lot includes a standard driveway that accommodates at least one vehicle. The proposed project satisfies the code requirement for parking.

Compliance with Development Standards
The project is within the Low Residential (L) zone and the development standards for the zone are shown in the following table:

Low Residential (L) Development Standards
Required Proposed Compliant
Density 6 Dwelling Units Per Acre 2.5 Dwelling Units Per Yes Acre Lot Area (min) 7,200 SF 7,866-26 ,570 SF Yes (Existing Parcels) Minimum Frontage 40 Feet 22.53-21 6.5 5 Feet Yes* (min) (Existinq Parcels) Building Height 35 Feet 22 Feet - 32 Feet Yes
Front Yard Setback 37 feet(+/- 5ft) 30-47 Feet Yes*
Interior Side Yard 5/10 Feet Varies Yes Setback
Rear Yard Setback 20 Feet Varies Yes
Lot Coverage 40% 19%-38% Yes
*With Minor Exception and Variance for certain lots, see discussion below Minor Exception
The project is consistent with the development requirements for the Low Residential (L) Zone except for a few lot-specific conditions requiring minor exceptions. These requests are limited in scope and are necessary to address topographic constraints, seismic setbacks, existing infrastructure and yard usability while maintaining functional lot layouts. The request addresses site- specific restraints without altering the approved subdivision layout or overall development pattern. The design approach prioritizes functional yards and effective and consistent retaining walls.

Page 6 of 9 ends

Page 58 ends

Page 389 ends

Summary Of Minor Exceptions
Location Condition Request Deviation Purpose
Provide level yard areas
TR 16072-1, Exceeds max rear .5 ft above standard for both Lot 1 and 2 Lot 14 retaining wall height allowing lots to conform to size standards.

TR 16072-1, To maintain 1 story
Lot48 Encroachment into 2 ft below standard massing floor plan and front yard setback consistency of the site's
architecture
TR 16072-1, Does not meet 5 ft The required 5 ft variation Lot4 9 front yard setback 0.7 ft variation would result in encroachment into the variation requirement front yard setback.

TR 16072-1, Standard rear yard depth Lot 80 Usable rear yard area 1.3ft below standard would not allow for 400 sq depth below standard ft of useable yard TR 16072-1, Usable rear yard area Additional retaining wall Lot 81 2 ft below standard tier would encroach into depth below standard neighboring yard TR 16072-3, Topographical
Lots 20, 23, Exceeds max rear 2ft above standard constraints prevent 27 retaining wall height tiering of 2 ft retaining wall behind 4 ft retaining wall.

TR 16072-3, Usable rear yard area Standard depth is not Lot 28 depth below standard 2.7ft below standard feasible on a triangular lot.

TR 16072-3, Topographical
Lot 30, 31 Exceeds rear retaining constraints prevent
.6 ft above standard tiering of .6 ft retaining wall height wall behind 4 ft retaining wall.

TR 16072-3, Topographical
Lot 61 Exceeds rear retaining constraints prevent

1.5 ft above standard tiering of 1.5 ft retaining wall height wall behind 4 ft retaining wall.

TR 16072-3, Exceeds side Lot configuration does
Lot 72 max 1.5 ft above standard not allow for tiered side retaining wall height retaining wall TR 16072-3, Requirements for single
Lot 80 Usable rear yard area 1. 7 ft below standard story development would depth below standard not allow for standard
rear yard depth.

Page 7 of 9 ends

Page 390 ends

TR 16072-3, Does not meet 5 ft The required 5 ft variation Lot 82 front yard setback . 7 ft variance would result in encroachment into the variation requirement front yard setback.

Variance
Similar to the request for minor exceptions, the project applicant is also requesting a variance to deviate from certain standards related to the distance of walkways to the back of the property wall. These requests are the minimum necessary to address physical constraints beyond the applicant's control while maintaining functional lot layouts and consistency with City Standards Summary of Variance ReQuest
Location Condition Reauest Deviation Constraint
3 ft setback between Topographical constraints
16072-1, Deficient setback of wall sidewalk and perimeter prevent a 5 ft setback from Lot 97 from sidewalk wall rather than required the perimeter wall to the 5 edge of the pedestrian
walkway.
16072-3, 3.3 ft setback between Topographical constraints Lot 18 Deficient setback of wall sidewalk and perimeter prevent a 5 ft setback from from sidewalk wall rather than required the perimeter wall to the 5 edge of the pedestrian
walkway.

Open Space, Recreational Amenities, and Landscaping:

Ultimately, the proposed project will provide five neighborhood parks that will serve both Lennar and Toll Brothers: Zinfandel, Syrah, Mission, Malaga and Sultana Cross. The parks will be maintained by an HOA but remain accessible to the public. The proposed joint improvements create one connected system with a multi- use trail, concrete pedestrian walkways, trail markers, lighting and three -rail vinyl fencing.

Design Review Committee
This item was heard by the Design Review Committee on November 4 th, 2025. Committee members noted that tubular steel view fencing is used in the rear and side yards of many of the proposed units, rather than more typical block or brick wall. This material was selected to account for unique topographical features of the project site, including the considerable slope difference between many of the parcels, which would otherwise limit the view for future residents.

Public Art
Pursuant to Development Code Section 17.124. 020(6)(1 ), residential projects with a density equal to or less than four dwelling units per acre are exempt from meeting the public art requirements. The proposed project has a density of 2.3 dwelling units per acre; thus, it is not subject to the public art requirement.

Environmental Assessment
The City previously certified an Environmental Impact Report on June 16th, 2004 , in connection with the City's approval of Tentative Tract Map SUBTT16072. Pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project unless: (i) substantial changes are proposed to the project that indicate new or

Page 8 of 9 ends

Page 391 ends

more severe impacts on the environment; (ii) substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; or (iii) new important information shows the project will have new or more severe impacts than previously considered; or (iv) additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts.

Staff has reviewed the project for compliance with CEQA. As the project only involves the construction of housing product and associated features such as walls within the boundaries of a previously approved and graded subdivision, staff has determined that (i) no substantial changes are proposed that indicate new or more severe impacts, (ii) no substantial changes have occurred in the circumstances under which the project was previously reviewed, (iii) no new important information has been presented as part of this application which shows that the project will have new or more severe impacts than previously considered, and (iv) there are no additional or different mitigation measures which are now feasible or which could be imposed to substantially reduce impacts. Accordingly, this project is exempt from further review under CEQA.

Correspondence
70 notices were mailed to property owners within a 660-foot radius of the project site on December 18, 2025. On December 24, 2025, notices were published in the Inland Valley Daily Bulletin. The project site was also posted with physical notices on December 18, 2025.

FISCAL IMPACT:

None.

COUNCIL MISSION / VISION / VALUE(S) ADDR ESSED:

The proposed project addresses the City Council Core Values of, "Providing and nurturing an excellent quality of life for all," and "Intentionally embracing and anticipating our future". The proposed project will result in the development of 354 new homes in total when taken together with the previously approved 166 units, which will also include new public parks for the benefit of all residents. Furthermore, this project will also contribute to the City's progress towards meeting state housing goals.

EXHIB ITS:

Exhibit A - Aerial View
Exhibit B - Project Plans
Exhibit C - Resolution

Page 9 of 9 ends

Page 392 ends

Page 393 ends

Page 394 ends

Page 395 ends

Page 396 ends

Page 397 ends

Page 398 ends

Page 399 ends

Page 400 ends

Page 401 ends

Page 402 ends

Page 403 ends

Page 404 ends

Page 405 ends

HPC/PC Draft Minutes

Page 1 of 5 ends

Historic Preservation Commission and
Planning Commission
Agenda
January 14, 2026
Draft Minutes
Rancho Cucamonga, CA 91730
7:00 p.m.

The regular joint meeting of the Historic Preservation Commission and Planning Commission was held on January 14, 2026. The meeting was called to order by Chairman Morales at 7:00 p.m.

A. R
oll Call
Pl
anning Commission present: Chairman Morales, Vice Chairman Boling, Commissioner Dopp, Commissioner Daniels and Commissioner Diaz.

Sta
ff Present: Serita Young, Assistant City Attorney; Jennifer Nakamura, Planning Director; Sophia Serafin, Associate Planner; Jared Knight, Assistant Planner; Elizabeth Thornhill, Executive Assistant.

B. Pu
blic Communications
Chai
rman Morales opened the public communications.

Hear
ing no comments from the public, Chairman Morales closed the public communications.

C. C
onsent Calendar
C1. C
onsideration to adopt Regular Meeting Minutes of December 10, 2025.

Mo
tion: Moved by Commissioner Dopp; seconded by Vice Chairman Boling . Abstain: Commissioner Daniels. Motion carried 4-1.

D. P
ublic Hearings
It
ems D1-D3 were heard concurrently.

D1. TE
NTATIVE TRACT MAP – SC DEVELOPMENT CORP - A request to subdivide one (1) parcel approximately 3.18 acres of land into 75 condominium lots within Planning Area N -12 in the Core Living (CL) Placetype of the Resort North Specific Plan, located north of 6th Street, south of the BNSF/Metrolink right of way, and west of Milliken Avenue; APN: 0209- 561-07. (Tentative Tract Map SUBTT20688).

Pursuant to the California Environmental Quality Act (CEQA), the City certified an Environmental Impact Report (EIR) (SCH No. 2015041083) on May 18, 2016, in connection with the City’s approval of General Plan Amendment DRC2015- 00114, Specific Plan Amendment DRC2015- 00040, and Development Code Amendment DRC2015- 00115. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR is required in connection with subsequent discretionary approvals of the same project.

Page 406 ends

HPC/PC Draft Minutes

Page 2 of 5 ends

D2. TENTATIVE TRACT MAP – SC DEVELOPMENT CORP - A request to subdivide one (1) parcel approximately 3.4 acres of land into 84 condominium lots within Planning Area N -14 in the Village Neighborhood (VN) Placetype of the Resort North Specific Plan, located north of 6th Street, south of the BNSF/Metrolink right of way, and west of Milliken Avenue; APN: 0209- 561-01. (Tentative Tract Map SUBTT20687). Pursuant to the California Environmental Quality Act (CEQA), the City certified an Environmental Impact Report (EIR) (SCH No. 2015041083) on May 18, 2016, in connection with the City’s approval of General Plan Amendment DRC2015- 00114, Specific Plan Amendment DRC2015- 00040, and Development Code Amendment DRC2015- 00115. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR is required in connection with subsequent discretionary approvals of the same project.

D3
. TENTATIVE TRACT MAP – SC DEVELOPMENT CORP - A request to subdivide one (1) parcel approximately 4.9 acres of land into 99 condominium lots within Planning Area N -15 in the Village Neighborhood (VN) Placetype of the Resort Specific Plan, located north of 6th Street, south of the BNSF/Metrolink right of way, and west of Milliken Avenue; APN: 0209- 561-12. (Tentative Tract Map SUBTT20689). Pursuant to the California Environmental Quality Act (CEQA), the City certified an Environmental Impact Report (EIR) (SCH No. 2015041083) on May 18, 2016, in connection with the City’s approval of General Plan Amendment DRC2015- 00114, Specific Plan Amendment DRC2015- 00040, and Development Code Amendment DRC2015- 00115. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR is required in connection with subsequent discretionary approvals of the same project.

A
ssistant Planner Knight provided a PowerPoint presentation (copy on file).

C
hairman Morales opened the public hearing.

A
pplicant Cendejas and Regional Vice President McGinnis were present and available to answer questions.

R
esident Horvatich expressed that the General Plan is constantly changing, and the public is not always notified.

V
ice Chairman Boling asked staff to confirm that the three items do not require a General Plan amendment.

P
lanning Director confirmed.

H
earing no other comments from the public, Chairman Morales closed public hearing.

W
ith no further Commissioner comments and discussion. Chairman Morales thanked Associate Planner Knight for the informative presentation.

M
otion: Moved by Commissioner Dopp; seconded Vice Chairman Boling to adopt Resolutions 2026-003, Tentative Tract Map SUBTT20688, 2026- 004 Tentative Tract Map SUBTT20687 and 2026- 005 Tentative Tract Map SUBTT20689. Motion carried unanimously, 5-0.

D4.

CONDITIONAL USE PERMIT – EPD SOLUTIONS – A request to permit E- Commerce Distribution/Fulfillment Center – Large, Wholesale and Distribution – Medium, Food Processing/Manufacturing, Storage Warehouse, and Manufacturing Light – Large uses at an existing 129,704 square foot industrial building that is currently occupied with a legal non- conforming Wholesale and Distribution use within the Neo-Industrial (NI) zone located at 9089 8th Street; APN: 0209-151-38. This item is exempt from the requirements of the California Environmental Quality Act (CEQA) under CEQA Section 15301 – Existing Facilities (DRC2025-00245).

A
ssociate Planner Serafin provided a PowerPoint presentation (copy on file).

C
ommissioner Daniels asked staff if the other two main buildings, one to the east and the other to the south are owned by different property owners.

Page 407 ends

HPC/PC Draft Minutes

Page 3 of 5 ends

Associate Planner Serafin confirmed and stated they are on their own parcels.

Chairman Morales opened the public hearing.

Applicant Leseth was present and available to answer questions.

Vice Chairman Boling inquired about the length of time China Manufacturing Alliance has operated at the site.

Applicant answered since 2014.

Vice Chairman Boling inquired about the number of employees on site.

Applicant responded that there are approximately seven to ten employees on site on a daily basis.

Vice Chairman Boling asked whether there is any anticipation that the tenant would vacate in the near future.

Applicant confirmed and explained that the building was sold in December 2025 to a new owner. As part of a sale-leaseback agreement, the applicant will remain in the building for an additional five years, after which the applicant will vacate, and a new tenant will occupy the site.

Vice Chairman asked whether China Manufacturing Alliance will remain in the City of Rancho Cucamonga after 5 years.

Applicant confirmed.

Commissioner Dopp asked about the type of business currently operating at the site.

Applicant responded that the site is currently used for warehouse storage.

Commissioner Dopp asked whether the use of the site would remain the same over the next five years.

Applicant confirmed.

Vice Chairman Boling expressed appreciation to the applicant for being proactive and noted that the potential expansion of future uses in the facility would help ensure that businesses have a valuable place to locate in the city and that China Manufacturing Alliance will remain in Rancho Cucamonga after five years.

Hearing no other comments from the public, Chairman Morales closed public hearing.

Motion: Moved by Commissioner Daniels; seconded Vice Chairman Boling to adopt Resolution 2026-002 Conditional Use Permit DRC2025-00245. Motion carried unanimously, 5-0.

D5. MAJOR DESIGN REVIEW – TOLL BROTHERS - A request for the development of 188 Single-Family Residences spanning multiple pre-existing graded parcels on an approximately 80-acre site within the Low Residential (L) Zone, located at the northwest corner of East and Wilson Avenues. (Tracts 16072- 1 and 16072-3) with exceptions to specific lots from existing standards. This item is exempt from the requirements of the California Environmental Quality Act (CEQA) under CEQA Section 15162. (Design Review DRC2024-00373, Minor Exception DRC2025-00261, Variance DRC2025-00263) APN: 0208-921-09.

Assistant Planner Knight provided a PowerPoint presentation (copy on file). He noted that staff received one correspondence concerning CEQA from Lozeau Drury, LLC.

Chairman Morales opened the public hearing.

Applicant Tsai was present and available to answer questions.

Page 408 ends

HPC/PC Draft Minutes

Page 4 of 5 ends

Commissioner Dopp inquired about the Spanish C ontemporary architecture and asked what features characterize it as Spanish Contemporary.

Applicant Tsai provided a brief explanation, stating that the style of materials is Spanish-inspired and that the style is reemerging as a current design trend.

C
ommissioner Dopp asked whether the applicant would consider different colors schemes.

A
pplicant Tsai confirmed.

C
hase Preciado, Paralegal with Lozeau Drury, LLC, expressed opposition to the project and requested preparation of a supplemental Mitigated Negative Declaration ( MND) or an Environmental Impact Report (EIR).

R
esident Horvatich expressed opposition to the project due to increased density.

H
earing no other comments from the public, Chairman Morales closed the public hearing.

C
ommissioner Dopp expressed appreciation to the applicant for revisiting the color schemes of the Spanish Contemporary design and suggested adding Spanish accents to better reflect the Spanish architectural style.

C
ommissioner Daniels commented that the open space and amenities proposed by Lennar and Toll Brothers are very good and stated that they would be an excellent amenity for the tract and the surrounding community.

C
ommissioner Diaz expressed her enthusiasm for the inclusion of large houses within the community and noted that the parks and open space areas would be a positive addition, providing public access for neighboring communities.

V
ice Chairman Boling expressed appreciation to the developer for bring ing forward a project that includes homes ranging from approximately 3,400 to 5,100 square feet, with a mix of one and two- story designs.

He noted that the architectural elements, including pop- outs and recessed areas, create visual diversity and encouraged the applicant to further review the color schemes, noting that additional contrast could enhance the overall design.

C
hairman Morales expressed appreciation for the designer homes , noting that some of models include double staircases, which he liked. He also commented favorably on the flat tile roofs and expressed his support for the project.

M
otion: Moved by Commissioner Diaz; seconded Commissioner D aniels to adopt Resolution 2026-0 01 Design Review DRC2024 -00373, Minor Exception DRC2025- 00261 and Variance DRC2025- 00263.

Motion carried unanimously, 5-0.

E. G
eneral Business
E1
. Annual Selection of Officers for the Commission and Appointments to Other Committees.

C
ommissioner Daniels was appointed unanimously as member of the Design Review Committee, 1 year term.

Mot
ion by Commissioner Boling, seconded by Commissioner Diaz. Motion carried unanimously, 5-0 vote.

V
ice Chairman Boling was appointed unanimously as member of the Design Review Committee, 1 -year term.

Mot
ion by Commissioner Diaz, seconded by Chairman Morales. Motion carried unanimously, 5-0 vote.

Page 409 ends

HPC/PC Draft Minutes

Page 5 of 5 ends

Commissioner Morales was appointed unanimously as Alternate for the Design Review Committee.

Mot
ion by Commissioner Diaz, seconded by Commissioner Dopp. Motion carried unanimously, 5-0 vote.

C
ommissioner Daniels was appointed unanimously as Vice Chairman for the Planning Commission, 1-year term.

Mot
ion by Vice Chairman Boling, seconded by Commissioner Diaz. Motion carried unanimously, 5-0 vote.

C
ommissioner Boling was appointed unanimously as Chairman for the Planning Commission, 1-year term.

Mot
ion by Commissioner Diaz, seconded by Commissioner Morales. Motion carried unanimously, 5-0 vote.

C
hairman Morales expressed his appreciation to the Commissioners for stepping into various roles and responsibilities.

F. D
irector Announcements
P
lanning Director Nakamura mentioned that there will not be a second meeting in January and that the Commission will reconvene on February 11th.

G. C
ommission Announcements
V
ice Chairman Boling expressed his appreciation to his fellow Commissioners for their service over the past years in various roles. He noted that they have undertaken opportunities, and overcome significant challenges, and have done an outstanding job. He stated that he looks forward to serving with them in the upcoming year.

C
ommissioner Diaz announced that Chaffey College, where she works, will be opening a Library Learning Commons and that a ribbon-cutting ceremony is scheduled for January 29th at 12:00 p.m.

H. A
djournment
M
otion: Moved by Vice Chairman Boling, seconded by Commissioner Diaz to adjourn the meeting.

Hearing no objections, Chairman Morales adjourned the meeting at 8:00 p.m.

R
espectfully submitted,
E
lizabeth Thornhill, Executive Assistant
Planning Department
A
pproved:

Page 410 ends

VIA EMAIL & FED
EX
January 21, 2026

Kim Sevy, City Clerk
City Clerk’s Office
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
[email protected]
Jared Knight, Assistant Planner
Planning Department
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
[email protected]
Re: Appea
l of the January 14, 2026 Decision of the Planning Commission to Approve the Etiwanda Estates Project (DRC2024-00373; DRC2025-00261; DRC2025-00263)
Dear City
Clerk Sevy and Planner Knight:

I am w
riting on behalf of the Supporters Alliance for Environmental Responsibility (“SAFER”) and its members living and/or working in or around the City of Rancho Cucamonga (“City”) to appeal the Rancho Cucamonga Planning Commission’s January 14, 2026 decision to approve the Etiwanda Estates Project (DRC2024-00373; DRC2025-00261; DRC2025-00263), which proposes the construction of 188 single-family residences on approximately 80.8 vacant acres of a 150.8-acre site, located near the northwest corner of East Avenue and Wilson Avenue, in the City of Rancho Cucamonga (“Project”), and to approve the Project based on the 2004 environmental impact report (“EIR”) prepared for Tentative Tract Map SUBTT16072.

SAFER
objects to the City’s decision to rely on the 2004 EIR because numerous new, feasible air quality mitigation measures have become available in the intervening 21 years that were unavailable in 2004 and would more effectively reduce the Project’s significant and unavoidable air quality impacts. Therefore, a supplemental MND or EIR is required to analyze the Project.

This ap
peal is timely filed within 10 calendar days of the Planning Commission’s decision and is accompanied by the required filing fee of $4,902.

Sincerel
y,
Hayley U
no
Lozeau Drury LLP
ATTACHMENT 3

Page 411 ends

ATTACHMENT 4
RESOLUTION NO. 2026-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

CUCAMONGA, CALIFORNIA, DENYING THE APPEAL AND
UPHOLDING THE PLANNING COMMISSION’S APPROVAL OF DESIGN REVIEW (DRC2024-00373), MINOR EXCEPTION (DRC2025-00261), AND VARIANCE (DRC2025-00263) TO ALLOW THE CONSTRUCTION
OF 188 SINGLE-FAMILY RESIDENCES WITHIN AN APPROVED TRACT MAP ON APPROXIMATELY 80-ACRES LOCATED NEAR THE

NORTHWEST CORNER OF EAST AVENUE AND WILSON AVENUE
IDENTIFIES AS TRACTS 16072-1 AND 16072-3 WITHIN THE LOW

RESIDENTIAL (L) ZONE AND MAKING FINDINGS IN SUPPORT

THEREOF
A. Recitals.

1. The applicant, Toll Brothers, filed an application requesting the approval of Design Review DRC2024-00373, Minor Exception DRC2025-00261, and Variance DRC2025-00263 as described in the title of this Resolution. Hereinafter in this Resolution, the subject entitlements request is referred to as “the application.”

2. On the 14th of January 2026, the Planning Commission of the City of Rancho Cucamonga adopted Resolution No. 2026-001 approving the application and making findings in support of its decision.

3. On January 22 nd, 2026, the city received a timely appeal of the Planning Commission’s decision approving the application.

4. On March 4 th, 2026 the City Council of the City of Rancho Cucamonga opened a duly noticed public hearing on the appeal, conducted the public hearing, concluded the hearing on that date, and adopted this Resolution denying the appeal and upholding the Planning Commission’s approval of the application and making findings in support thereof.

5. All legal prerequisites prior to the adoption of this Resolution have occurred.

B. Resolution.

NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows:

1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct.

2. Based upon the substantial evidence presented to the City Council during the above-referenced public hearing on March 4 th, 2026, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows:
a. The project site consists of approximately 80 acres, generally located on the northwest corner of East Avenue and Wilson Avenue; and

Page 412 ends

CITY COUNCIL RESOLUTION NO. 2026-XXX
DRC2024-00373, DRC2025-00261, DRC2025-00263
March 4, 2026

Page 2 ends

6 5
6 1
b. Tentative Tract Map SUBTT16072 was approved by the City Council on June 16, 2004, the Final Map was approved and recorded in 2023, and associated grading permits were issued in January 2024; and
c. The application proposes the construction of 188 single-family residences on the aforementioned subdivided and graded lots; and
d. In addition to the design review application which permits the construction of the proposed single-family residences, the project also includes a request for a Minor Exception to permit deviations from the following requirements on specific lots within the proposed development: the construction of walls which exceed the maximum height, encroachment into the required front yard setback area, providing substandard usable rear yard area, and residential frontages which do not meet minimum front yard setback variation requirements. These deviations are necessary due to topographical constraints of the project site and the pre-existing lot design. The specific lots to which the Minor Exception will apply are as follows: TR16072-1 Lots 14, 48, 49, 80, and 81, and TR16072-3 Lots 20, 23, 27, 28, 30, 31, 61, 72, 80, 82; and e. In addition to the Design Review and Minor Exception, the project also includes a request for a Variance to permit deviations from the minimum 5-foot setback from the perimeter wall to the public sidewalk, to accommodate topographic constraints of the project site. The specific lots to which the requested Variance will apply are as follows: TR16072-1 Lot 97, and TR16072-3 Lot 18
f. The existing Land Use, General Plan and Zoning designations for the project site and adjacent properties are as follows:

3. Based upon the substantial evidence presented to the City Council during the above- mentioned public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby makes the following findings for Design Review DRC2024-00373 pursuant to Development Code Section 17.20.040 and concludes as follows:
a. The proposed development is in accord with the General Plan. The project site’s General Plan Land Use Designation is Traditional Neighborhood. This land use designation supports low and low-medium density residential development with a maximum density of 8 units per acre. The project proposes a maximum density of 2.3 dwelling units per acre, consistent with the General Plan Land Use Designation; and
Land Use General Plan Zoning
Site Vacant Traditional
Neighborhood Low Residential (L)
North Vacant General Open Space
and Facilities
Flood Control/Utility Corridor
(FU/UC)
South CVWD Facility/
Residential
General Open Space
and Facilities Very Low (VL)/Parks (P)
East Vacant Traditional
Neighborhood Neighborhood Estates 2 (NE-2)
West Vacant graded lots
(Lennar Project)
Traditional
Neighborhood Low Residential (L)

Page 413 ends

CITY COUNCIL RESOLUTION NO. 2026-XXX
DRC2024-00373, DRC2025-00261, DRC2025-00263
March 4, 2026

Page 3 ends

6 5
6 1
b. The proposed project is in accord with the objective of the Development Code and the purposes of the zone in which the site is located. The project site is located within the Low Residential (L) zone, which supports the development of low-density single-family residential neighborhoods. The underlying subdivision map is consistent with the subdivision standards which were in place at the time that the subdivision was approved; and c. The proposed project complies with each of the applicable provisions of the Development Code for the zone in which it is located. The project meets the required standards for site design, circulation, landscaping, and parking upon approval of the related request for a variance and minor exception; and
d. The City Council has considered all issues raised in the appeal and determines that the proposed use, together with the conditions applicable thereto, will not be detrimental to public health, safety, or welfare or materially injurious to properties or improvements in the vicinity.

An Environmental Impact Report was previously certified on June 16, 2004, relative to SUBTT16072 and related grading activities. The subject project proposing to construct residences on the previously subdivided and graded lots will not result in any additional significant environmental impact which had not already been considered by the previously approved EIR.

Further, the proposed project to construct the residences will be required to comply with all mitigation measures associated with previous approvals.

4. The City Council also hereby makes the following findings in support of Minor Exception DRC2025-00261 pursuant to Development Code Section 17.16.110:
a. The minor exception is consistent with the General Plan or any applicable specific plan or development agreement. The project site has a general plan land use designation of Traditional Neighborhood, and the zoning is Low Residential (L). The request for a minor exception is limited to specific lots and specifically related to wall height and setbacks on said lots due to topographical constraints and pre-existing lot design. These specific lots include TR16072- 1 Lots 14, 48, 49, 80, and 81, and TR16072-3 Lots 20, 23, 27, 28, 30, 31, 61, 72, 80, 82. The minor exception on these specific lots does not affect the General Plan designation, zoning designation, or the residential purpose of the project sit; and b. The proposed minor exception is compatible with existing and proposed land uses in the surrounding area. The surrounding area to the project site includes areas which are similarly steep in slope. Requests for increases in wall height are not uncommon in steep slope areas. Further, the adjoining residential project also featured requests for minor exceptions related to setbacks and wall height that were granted based on topographical constraints. Thus, the proposed minor exception is compatible with existing and proposed land uses in the surrounding area; and
c. The proposed exception to the specific development standards is necessary to allow creative design solutions compatible with the desires of the community and/or accommodate unique site conditions. The increased wall height is necessary to accommodate steep slope conditions. The setback reductions are necessary to accommodate the steep slope and pre-existing lot configuration. Permitting the requested minor exceptions will allow the subject lots to be developed similarly to other lots in the area which do not have these unique constraints; and

Page 414 ends

CITY COUNCIL RESOLUTION NO. 2026-XXX
DRC2024-00373, DRC2025-00261, DRC2025-00263
March 4, 2026

Page 4 ends

6 5
6 1
d. The granting of the minor exception will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone, and will not be detrimental to public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. The Minor Exception will allow the applicant to construct pads and building footprints on the parcels identified in (a) above such that these lots and house sizes will be similar to other lots in the area which do not face the same topographical constraints. Thus, the proposed minor exceptions will not constitute a unique privilege, nor is it likely to impact public health, safety, and/or welfare.

5. The City Council also hereby makes the following findings in support of Variance DRC2025-00263 pursuant to Development Code Section 17.20.030. a. Strict or literal interpretation and enforcement of this specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this code. The specific lots to which the requested Variance will apply are as follows: TR16072-1 Lot 97, and TR16072-3 Lot 18. The variance is requested to allow for a deviation from the minimum five-foot setback between the perimeter wall and the sidewalk on these lots. Due to the topographical constraints of the project site and the existing layout of the parcels to be developed, strict or literal interpretation of this regulation would result in the developer not being able to construct housing product of comparable size to other similarly situated properties throughout the project area, which would be inconsistent with the objectives of the code. b. There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same zone. The subject project area comprises approximately 80 acres located within the northeast portion of the City. This area is characterized by steep terrain and proximity to seismic fault zones. Further, the underlying subdivision map upon which the project proposes to construct 188 single-family residences was approved in 2004 at such a time that development standards in place today did not exist. As such, exceptional or extraordinary circumstances exist which do not apply generally to other properties in the same zone. c. Strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone.

The granting of the requested variance is necessary in order for the subject lots to accommodate single-family residences of the size which are enjoyed by the owners of other properties in the same zone. Specifically, the existing lot configuration and the topographical constraints of the site including steep slopes would prevent the applicant from developing the subject lots identified in (a) above the ability to develop to the size of other similarly situated lots in the vicinity while maintaining the 5-foot perimeter wall setback requirement. d. The granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone. Due to topographical constraints and the existing lot layout, the two lots identified in (a) require a variance to be developed to a size consistent and compatible with other properties in the same zone, and the project as a whole. Thus, no special privilege is granted as the variance is intended to maintain consistency of development in the project area.

Page 415 ends

CITY COUNCIL RESOLUTION NO. 2026-XXX
DRC2024-00373, DRC2025-00261, DRC2025-00263
March 4, 2026

Page 5 ends

6 5
6 1
e. The granting of the variance will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. The granting of the variance is intended to allow for housing on the select lots identified in (a) to be developed in a manner consistent with the rest of the 188 lots in the project area. Setback is still provided to the subject sidewalks from the perimeter wall. It is not anticipated that the reduced setback will constitute a safety concern, or that the variance will otherwise be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity. All properties which obtain the granting of a variance are still required to comply with all applicable building and safety codes and regulations.

6. Planning Staff have determined that the project complies with the requirements of the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines. An Environmental Impact Report was certified by the City Council on June 16, 2004, as part of the original approvals of the underlying subdivision for the project site, SUBTT16072. When the EIR was certified and the subdivision was approved, the City Council adopted a statement of overriding considerations for several unavoidable significant environmental impacts, including air quality. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project unless (1) substantial changes are proposed to the project that indicate new or more severe impacts on the environment; (ii) substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts than previously considered; or (iv) additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. Staff has reviewed the project for compliance with CEQA. As the project only involves the construction of housing product and associated features such as walls within the boundaries of a previously approved and previously graded subdivision, staff has determined that (i) no substantial changes are proposed that indicate new or more severe impacts, as the construction of single family homes was the intended outcome of the original subdivision as included in the project description of the Environmental Impact Report, (ii) no substantial changes have occurred in the circumstances under which the project was previously reviewed, as the mass grading, lot grading and street work activities that have already occurred in preparation of the construction of single family homes was analyzed in the 2004 EIR, including the adoption of a Statement of Overriding Considerations for air quality impacts and an adopted Mitigation Monitoring and Reporting Program, (iii) no new important information has been presented as part of this application which shows that the project will have new or more severe impacts than previously considered as the project is for the design review of single family homes on already graded lots and (iv) there are no additional or different mitigation measures which are now feasible or which could be imposed to substantially reduce impacts. The project has undergone significant grading and construction activities prior to and during the Design Review application process under the certified EIR and adopted Mitigation Monitoring and Reporting Program. Accordingly, this project is exempt from further review under CEQA and this analysis serves as an Addendum to the certified Richland Communities EIR (SCH#2002091053).

The City Council has reviewed the Planning Department’s determination of exemption, and based on its own independent judgement, concurs with staff’s determination of exemption.

7. Based upon the substantial evidence presented to this commission during the above-referenced meeting and upon the specific findings of facts set forth in paragraphs 1, 2, 3, 4, 5, and 6 above, the City Council hereby approves the application subject to each and

Page 416 ends

CITY COUNCIL RESOLUTION NO. 2026-XXX
DRC2024-00373, DRC2025-00261, DRC2025-00263
March 4, 2026

Page 6 ends

6 5
6 1
every condition set forth in the Conditions of Approval, attached hereto and incorporated herein by this reference.

8. The City Clerk shall certify the adoption of this Resolution.

APPROVED AND ADOPTED THIS 4th DAY OF MARCH 2026.

City COUNCIL OF THE CITY OF RANCHO CUCAMONGA
BY:

L. Dennis Michael, Mayor
ATTEST:

Kim Sevy, City Clerk
I, Kim Sevy, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 4th day of March 2026, by the following vote-to-wit:

AYES: COMMISSIONERS:

NOES: COMMISSIONERS:

ABSENT: COMMISSIONERS:

ABSTAIN: COMMISSIONERS:

Page 417 ends

DATE: March 4, 2026
TO: Mayor and Members of the City Council
FROM: Elisa C. Cox, City Manager
INITIATED BY: Mike McCliman, Assistant City Manager / Fire Chief Julie A. Sowles, Deputy City Manager
SUBJECT: Consideration to Approve the City Council's Mission, Vision, Values, and 2026 Goals. (CITY)
RECOMMENDATION:

Staff recommends the City Council reaffirm and approve its Mission, Vision, Values, and 2026 Goals.

BACKGROUND:

Each year the City Council engages in team building workshops to review and develop goals and to discuss related legislative matters. On February 9, 2026 the City Council discussed its mission, vision, values, and goals. The Council reaffirmed their alignment with the existing mission, made some minor changes to their vision and values statements, and made recommendations for their 2026 goals.

ANALYSIS:

The following results from the February 9, 2026 team building workshop are presented for formal approval:

Mission
Continuously ensure and advance the quality of life for the community through inclusive decision making.

Vision
To create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive.

Values
Courageous leadership in service to the community
Safe and healthy community
Sustainable future
Excellent quality of life
Community engagement
Commitment to prosperity
Family-oriented atmosphere
Relentless pursuit of improvement

Page 418 ends

Page 2 ends

3 3
5 6
Goals
By the end of July 2026, implement the Drones as First Responders Program. By the end of December 2026, a schematic design of a Fire Administration building and Emergency Operations Center (EOC) will be ready for submittals. By the end of September 2027, present to the City Council an update on the ATMS Master Plan.
By the end of January 2027, present to the City Council a draft of The Next 50: a Strategic Plan for Fiscal Sustainability.

FISCAL IMPACT:

None.

COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

Annually adopting goals and reviewing the City Council’s mission, vision, and values reflects Council’s commitment to ensure and advance the quality of life for the community.

ATTACHMENTS:

None.

Page 419 ends

Rancho Cucamonga City CouncilMarch 4, 2026

Rancho Cucamonga City Council
March 4, 2026